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Home My WebLink About10-0510 F J ?r T? : .v?V 20110 Ji-1. - °i1 ;. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: 10 - 510 ?iV?l ?L°?'f1 VS. MATTHEW B KARPER Defendant COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07805811 C N Pit KMJ *ga.00 po wm/ t a at,7 03 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No MATTHEW B KARPER Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, CAPITAL ONE BANK (USA),NA is a corporation with offices at 15000 CAPITAL ONE DRIVE RICHMOND , VA 23238 2. Defendant is adult individual(s) residing at the address listed below: MATTHEW B KARPER 114 E SHADY LN ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX9795 . 4. Defendant made use of said credit card and has a current balance due of $2763.12 , as of December 28, 2009 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff . 6. Plaintiff is entitled to the addition of interest at the rate of 23.100% per annum on the unpaid balance from December 28, 2009 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 111" and made a part hereof. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for judgment in its favor and against Defendant , MATTHEW B KARPER , individually , in the amount of $2763.12 with continuing interest thereon at the rate of 23.100% per annum from December 28, 2009 plus costs. WELTMERG & REIS CO., L.P.A. James ffC rodt,42524 436 Senue, Suite 1400 Pitts15219 (412) FAX: 130 07805 it KMJ This law firm is a debt collector at tempting to collect this debt for our client and any information obtained will be used for that purpose. 'Bill Previous Balance Payments & Credits FINANCE CHARGE Transactions New Balance Minimum Payment Due Date $1,596.14 - $0.00 + $34.29 + L $78.00 = $1,708.43 $98.00 OCt. 20, 2008 Aug. 26, 2008 - Sep. 25, 2008 Page 1 Of 1 ML*E PAY AT;A5r TM5 Af. DW MasterCard Platinum Accent 5171111- 07 41il Your Account Information TOTAL CREDIT LINE $1,50000 TOTALAVAIIABLE CREDIT $0.00 CREDIT LINE FOR CASH $1,000.00 AVAILABLE CREDIT FOR CASH $000 i Fnarece Charges (Please see reverse for mportat information) Balance rate Percdc Correspondag FNANCE applied b rale APR CHARGE Purrkrses $878.67 D06822% D 2490% $1858 Cash $742,73 000822°8 D 2490% $1571 ANNUAL PERCENTAGE RATE applied Ns period: zat10!6 91O At Your Service -Gobhwhw.cQ)bbeoom to maregeyor acxvat, or Ckl 14M-S "breport atint a AA. cad or spear to Customer Reletas 0 Pry Orin at w,wvosool mm or modyolrpWTff tb: Gw" Or Berk (USA), NA • P 0 Book TO%4 - Qhatfb, NC 4 Send Inquiries to: CapadOre-P0 Bxk30 3M - SA L" City, LIT 84130 OM You're behind by one payment Remember that peong the mrimum payment by dte due date keeps Yox amount current So make sure you send in the meamum payment b keep your a -out current. Payments Credits & Adtusb rents Transactions 1 19 SEP PAST DUE FEE $3900 2 25 SEP OVERLIMIT FEE SEP 25, 2008 $3900 Under terms prevcusy dscbaed to you, some or ell of your Armed Percentage Rates (APRs) have been increased since your amount was past de lwrx n the pest 12 billing cycles If you rates have abeady increased, subsequent d9bnquenc es adK dad the duabon of the increased rates Remember If we receive your maamum monthly payment on tnme for 12 ooreecL&e berg cycles, thin account will be renewed for a possble reMn to you NorNntrodcbly APR You account has gore over its credit knit. To avod ad D,eAmt fees, please pay enough to bnng your balance bebv your crack Imt mmedatey, and make sure you remain below your creel tmk Please be sue to account for any future purchases, fees, and finance charges You were assessed a past de fee because your mrrwwn payment was not recened by the due dale To aVod this fee in the future, we recommend that you allow at least 7 busrress days for your mrramum payment to reach Captal One ® Have a questlon about a charge on your sbbmerV Please refer to the Billing Rights Summary on the back of your statement or vrsrt r bre.oxn/cksoutes PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW C:AWTAEONE.COM TO MAKE YOUR PAYMENT ONLINE 4C9g3 0jje' whars m your walla 7" 19795 25 1708430046000098001 New Balance Minimum Payment Due Date 0,,708.43 $98.00 Oct. 20, 2008 Amount Endosed Capital One Bank (USA), N•A- P.0• Box 70864 Charlotte, NC 26272-0884 Illllllllllrll'Illll'Illlllllllllllllllllllllrll'I'IIIII'Illll'Il 7805811 Account Number. 5178-0573-0721-9795 Pkvse pram address or phone number changes bebw using due or black irk Home Phony Aftvrwte Pfvm E,ma3addes #9027046851383813# MAIL ID NUMBER MATTHEW B KARPER 814 WINDSOR PL APT 4 nECHANICSBUR6, PA 17055-6400 r-IIIIIII-I-IIIIII1111.1-11-I4IIIII.III, 111-11rlllrlrrl11111IT %ea5e write your account number on your payment made payable to Capital One Bank (USA), NA and mail with this coupon in the enclosed envelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. MATTHEW B KARPER Defendant(s). VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that he/she is an authorized agent of CAPITAL ONE BANK (USA), N.A., Plaintiff herein, and that he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. Dated: /Z by,1-0 Shawn Wood A049 WELTMAN, WEINBERG & REIS CO., L.P.A. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Fri L'00;, T "IE r u- 4 "!TA Sheriff Jody S Smith c _ ?,? r • „ t Chief Deputy C 20I 0 .fir>r c j % Edward L Schorpp C1 !h f;_ t, Solicitor Capital One Bank (U.S.A.) N.A. vs. Matthew B. Karper Case Number 2010-510 SHERIFF'S RETURN OF SERVICE 01/25/2010 09:10 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 25, 2010 at 2110 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Matthew B. Karper, by making known unto himself personally, at 114 E. Shady Lane, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 SO ANjWERS,/7 /J January 26, 2010 ANDVR,90N, SHERIFF By !Cj CounfySuite Sheriff, Teleosoft. Inc. . ,; 2810 Ai r7 19 At-,11 ~ 4p IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTYc~:~~-~-CzA~.L~~~' CNIL DMSION ~+`'`''~'~'•;-VP ~'~?~ CAPITAL ONE BANK (USA), NA Plaintiff vs. MATTHEW B. KARPER Defendant No.10-510 CNIL TERM STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#07805811 $2,746.22 ~I~.ao Pu Ate( ~`~ s9a~N4o R,# ~t~lo7a5 -~a~iee. ~~( IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CNIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 10-510 CIVIL TERM MATTHEW B. KARPER Defendant PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, MATTHEW B. KARPER, in the amount of $2,746.22 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, W INBERG & REIS CO., L.P.A., B: Attorney for Plaintiff MATTHEW B. KARPER, /~ ~. By: ~~// Defendant WWR#7805811 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CNIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 10-510 CIVIL TERM MATTHEW B. KARPER Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, MATTHEW B. KARPER, above-named, in the amount of $2,746.22 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: Defendant admits indebtedness to Plaintiff in the amount of $2,746.22 with continuing interest thereon at a rate of 6.00% per annum plus costs from Date of Judgment. 2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, MATTHEW B. KARPER, in the amount of $2,746.22 plus continuing interest thereon at the rate of 6.00% per annum from Date of Judgment and costs. 3. Plaintiff agrees not to execute on its Judgment so long as Defendant causes to be delivered to Plaintiff the following payments in full by 12:00 NOON on the following dates: (a) $50.00 due by APRIL 2"d ' 2010; (b) $50.00 due every two weeks, thereafter until the Judgment amount plus accrued interest and costs are paid in full. 4. All payments are to be made payable to the order of "CAPITAL ONE BANK (USA), NA" 5. The first payment due under this agreement is to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 436 Seventh Avenue, Suite 1400, Pittsburgh, PA 15219. All future payments are to be mailed to the offices of Weltman, Weinberg & Reis, Co., P.O. Box 5430, Cleveland, OH 44101-0430. 6. In the event of default, each payment received shall be first attributed to costs, interest and then to principal. 7. Time is of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff or Plaintiff's counsel any payment in full within five (51 calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. 8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is final and complete. ~: 9. Intending to be legally bound, the parties set their hands and seals thi~ _day of t `~ , 20 1 ~: By: ,: Defendant, MATTHEW B. KARPER WELTMAN, EINBERG & REIS CO., L.P.A. By' - - Matthew D. Urban, Esquire PA LD. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 7805811 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL DNISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 10-510 CIVIL TERM MATTHEW B. KARPER Defendant NOTICE OF JUDGMENT OR ORDER TO: ( )Plaintiff (xx) Defendant ( )Garnishee You are hereby notified that the following Order or Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $2,746.22 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent Prothonotary MATTHEW B. KARPER 114 E SHADY LN ENOLA, PA 17025 By: PROT NOTARY OR D UTY) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. MATTHEW B. KARPER Defendant No. 10-510 CIVIL TERM ACCEPTANCE OF SERVICE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 WWR#7805811 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 10-510 CIVIL TERM MATTHEW B. KARPER Defendant ACCEPTANCE OF SERVICE I, MATTHEW B. KARPER, do hereby accept service of the Complaint in Civil Action. DATE: ~ 1 ~U / nt