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HomeMy WebLinkAbout10-1163a 2QIC FED 18 Piri t;: C I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), N.A. No. §- //U3 Plaintiff vs. COMPLAINT IN CIVIL ACTION RICHARD E. FOGELSONGER D/B/A MAIL BOXES, ETC. Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C. WARMBRODT, ESQUIRE PA I.D.#42524 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7787112 C? & X137 fizzy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), N.A. Plaintiff vs. Civil Action No. RICHARD E. FOGELSONGER D/B/A MAIL BOXES, ETC. Defendant COMPLAINT IN CIVIL ACTION 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 Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), N.A. Plaintiff vs. Civil Action No. 16 -116 3 ee-m RICHARD E. FOGELSONGER D/B/A MAIL BOXES, ETC. Defendant COMPLAINT AND NOW COMES, Plaintiff, by and through its counsel, WELTMAN, WEINBERG & REIS, CO., LPA., and hereby files this Complaint against Defendant, RICHARD E. FOGELSONGER D/B/A MAIL BOXES, ETC., and, in support thereof, Plaintiff avers as follows: 1. The Plaintiff is a corporation with its principal place of business located at 15000 CAPITAL ONE DRIVE, RICHMOND, VA 23285. 2. Defendant, Richard E. Fogelsonger, is an adult individual engaged in business as Mail Boxes, Etc., with a last known address of 111 Fogelsanger Road, Shippensburg, PA 17257-9704. 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX7555. 4. Defendant made use of said credit card and has a current balance due and owing to Plaintiff, CAPITAL ONE BANK (USA), NA. as of October 21, 2009, in the amount of $3,300.04. A true and correct copy of Plaintiff's Statement of account is attached hereto, marked as Exhibit "1" and made a part hereof. 5. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that the cardholder Agreement between the parties provides the Plaintiff is entitled to the addition of finance charges as the rate of 23.10%. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, RICHARD E. FOGELSONGER D/B/A MAIL BOXES, ETC., individually, and D/B/A MAIL BOXES, ETC., in the amount of $3,300.04 with continuing interest thereon at the rate of 23.10% per annum from October 21, 2009, plus costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. JAME ARMBRODT, ESQUIRE PA 1. D 4 Weltm inberg & Reis Co., L.P.A. 1400 s Bldg. J 436 S Avenue g Pittsb A 15219 (412) 55 WWR#: 7787112 Corporations System Search Results Page 1 of 2 Corporations Online Services I Corporations I Forms I Contact Corporations I Business Services Search Search Type: Starting With Search Criteria: Mail Boxes, Etc. By Business Name By Business Entity ID Search Date: 1/28/2010 Search Time: 13 :27 Verify Click on the Business Entity Name or Entity Number to view more Verify Certification information. Online Orders Register for Online Entity Orders Entity Creation Business Entity Name Number Type Status Date Order Good Standing Order Certified Documents Order Business List MAIL BOXES ETC 2588578 Fictitious Active 7/1/1994 My Images Names Search for Images MAIL BOXES ETC SERVICE 2598886 Fictitious Active 9/14/1994 CENTER Names MAIL BOXES ETC. 2645335 Fictitious Active 7/3/1995 Names MAIL BOXES ETC. 2032249 Fictitious Active 6/24/1991 Names MAIL BOXES ETC. 2094111 Fictitious Active 6/11/1992 Names MAIL BOXES ETC. 2542884 Fictitious Active 8/23/1993 Names MAIL BOXES ETC. 2704514 Fictitious Active 7/10/1996 Names MAIL BOXES ETC. 2711841 Fictitious Active 8/26/1996 Names MAIL BOXES ETC. 2713974 Fictitious Active 9/11/1996 Names MAIL BOXES ETC. 2724850 Fictitious Active 11/20/1996 Names MAIL BOXES ETC. 2726947 Fictitious Active 12/4/1996 Names MAIL BOXES ETC. 2737025 Fictitious Withdrawn 2/3/1997 Names MAIL BOXES ETC. 2761315 Fictitious Active 6/18/1997 Names MAIL BOXES ETC. 2877958 Fictitious Active 5/1711999 Names MAIL BOXES ETC. 2899840 Fictitious Active 9/27/1999 Names MAIL BOXES ETC. #3575 2831725 Fictitious Active 8/14/1998 Names MAIL BOXES ETC. CENTER NO. 69 2678327 Fictitious Active 2/8/1996 Names MAIL BOXES ETC. CENTER, 2852103 Fictitious Active 12/22/1998 POTTSTOWN Names MAIL BOXES ETC. NO. 644 2828185 Fictitious Active 7/23/1998 Names MAIL BOXES ETC. OF ERIE, PA 2145592 Fictitious Active 11/2/1992 Names MAIL BOXES ETC. U.S.A. 2319879 Fictitious Active 6/13/1983 Names MAIL BOXES ETC. USA 863071 Fictitious Cancelled 3/28/1985 Names https://www.corporations.state.pa.us/corp/soskb/SearchResults.asp 1/28/2010 Corporations System Search Results MAIL BOXES ETC. USA MAIL BOXES ETC. USA MAIL BOXES ETC. USA OF SCRANTON, INC. MAIL BOXES ETC., INC. MAIL BOXES ETC., USA, INC. MAIL BOXES, ETC. MAIL BOXES, ETC. MAIL BOXES, ETC. MAIL BOXES, ETC. MAIL BOXES, ETC. MAIL BOXES, ETC. #2473 MAIL BOXES, ETC. NO. 307 MAILBOXES ETC, USA MAILBOXES, ETC. MAILBOXES, ETC. Records Revealed 1 to 37 Only 1057072 Fictitious Names 1073786 Fictitious Names 788365 Business Corporation 3024503 Business Corporation 1052269 Fictitious Names 2930627 Fictitious Names 2730505 Fictitious Names 1075729 Fictitious Names 1565715 Fictitious Names 2695430 Fictitious Names 2681396 Fictitious Names 2707381 Fictitious Names 916031 Fictitious Names 2608523 Fictitious Names 2819064 Fictitious Names Home I Site Map I Site Feedback I View as Text Only I Employment PA horr:e Copyright ® 2002 Pennsylvania Department of State. All Rights Reserved. Commonwealth of PA Privacy Statement https://www.corporations. state.pa.us/corp/soskb/SearchResults.asp Page 2 of 2 Active 9/28/1988 Active 12/27/1988 Active 11/4/1983 Active 9/7/2001 Active 8/25/1988 Active 3/16/2000 Active 12/24/1996 Active 1/11/1989 Active 517/1990 Active 5/15/1996 Active 2/26/1996 Active 7/29/1996 Active 6/5/1987 Active 11/18/1994 Active 5/29/1998 1/28/2010 FINANCE Previous Balance payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date C$2,447.25 - $25.00 3 + $50.39 + $78.00 = $2,550.64 $339.00 I NOV. 11, 2008 Sep. 18, 2008 - Oct. 17, 2008 Page 1 of 1 7787112 Visa Business Card Account 411547254M7555 ?M H Your Account information ? o as REWARDS DS TOTAL CREDIT LINE $2,00000 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $2,000.00 AVAILABLE CREDIT FOR CASH $0.00 FnanCe Charges (Please see reverse for important information) Balancerate Parodic Corresponding FRANCE implied to rate APR CHARGE Purchases SEIM48 0e15g %D 2490% 52015 Cash $1,47770 0.0%22%D 2490'6 53024 ANNUAL PERCENTAGE RATE apptiad this period: 24.li0% i Q At Your Service-Go to WMviooiralxs.combmaegayour aoaant, W CIA 14M49J 4 b report a but or stern card orb b Cisb. Rehiors 0 Pay Grime if rAVncaotatxe coin or malyowparyment tb: Cap" One Bait PM), NA • P 0 8M T1083 • Dabtls, NC 28272.1083 A Send iqu4ks to: Capgal Ore- P 0. Sac 30295 • Set L" Cty, UT 84130.0285 IS MarraW your Rewards Wine by vsrtrg or Cat 1E00.7183001 Have a question abort a charge on your statement? Please refer to the Bilirig Rights Summary on the back of your statement or visa PLEASE PAY AT LEAST TMS AMDUNT You're behind by four payments. But you can still bring your accent current by paying the mrumum payment amount on your statement. [,Led help? 3we P. a call at 1 800 955 0000 Well work together to find a solatm Rewards Su previous available balance 4,737 Earned the Pad 0 (refbuts Irarsations posed rkrte tar biliv w*) Available Balance 4,737 Payments, Credits d Adlustiments 1 29 SEP CAPITAL Of•E 04114E ACH PA Au111?ate aS EP S'.500- Transactions 2 13 OCT PAST DUE FEE 53900 3 17OCT OVERUMIT FEE OCT 17,2008 S39.00 Under terms prcviosy disclosed to you, some or all of your Annual percentage Rate;; (APRs) have been increased wee your account was past clue twice in the past 12 billing cycles 0your rates have already increased, stlDSequert ddngis ores etcta died the durabon of the ncreased rates Remember lfwe receive you mramum monthy payment on lame for 12 corsec dive bArg cycles, this account will be renewed for a possible return to your Non4niroductory APR You account has gone over is aecit imt. To avoid additional overlent fees, please pay enough to big your balance below your credit Imd mmeiatey, and make we you rermem be{av you =1 Imi please be sue to a=urt for arty future purchases, fees, and fierce charges You were assessed a past due fee because you msanun payment was not received by the de date To avoid this fee in the future, we recommend that you duw at least 7 bsiess days for your minimum payment to reach Capital One PIFASE RETURN PORTION BELOW WITH PAYMENT OR LOG ONTO WWAr CAPIrALONE.COM TO MAKE YOUR PAYMENT ONLINE ?7555 17 2550640025000339006 C?rptftal?< Account Number. 4115-0725-6959-7555 Lend a hand Save the land Due Date New Balance Minimum Payment Amount Enclosed . . Manage your account online today- NOV. 11, 2008 $2,550.64 ( $339.00 it's fast, easy and secure. ID Pay online anytime-no more checks, stamps or dutter -RAY AT LEAST HIS AMOUNT T Moving? Chance your address online or on the back Q T ? Q Help save the planet Go paperless #9029207303800519# © Sign up at v rapdalone corn RICHARD E FOGELSONGER MAIL BOXES, ETC- Capital One Bank (USA), N.A. 111 FOGELSANGER RD P•0. Box 71883 SHIPPENSBURG, PA 17257-9704 Charlotte, NC 28272-1083 1111111111IN.11"111'111.1-"1111111111.11111 1111.11 Ijj,I1„Ir„11111"III'II?I?III„ltlrlrll?drrl?llll'llll'?I'??II Please make checks payable to Capital One Bank (USA), NA and mail with this coupon in the endosed envelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. RICHARD E FOGELSONGER 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: Q Shawn Wood A049 WELTMAN, WEINBERG & REIS CO., L.P.A. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor 201 0 MAR 10 hi 2' 125 Capital One Bank (U.S.A.) N.A. vs. Richard E. Fogelsonger d/b/a Mailboxes, Etc. Case Number 2010-1163 SHERIFF'S RETURN OF SERVICE 03/08/2010 08:40 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on March 8, 2010 at 2038 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Richard E. Fogelsonger d/b/a Mailboxes, Etc., by making known unto himself personally, at 111 Fogelsanger Road, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $64.00 March 09, 2010 :;r,!Ccu,i`, uite Shenft. IelecsOtt .6 AgaA I A14&-k GERALD WORTHINGTO EPUTY SO ANSWERS, RON R ANDERSON, SHERIFF WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-1163 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK (USA), NA, Plaintiff (s) From RICHARD E. FOGELSONGER DB/A MAILBOXES, ETC. -Ill FOGELSANGER RD., SHIPPENSBURG, PA 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: ORRSTOWN BANK - 77 E. King St., Shippensburg, PA 17257 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $3740.72 L.L. $.50 Interest -- $348.04 Atty's Comm % Due Prothy $2.25 Atty Paid $201.50 Other Costs Plaintiff Paid Date: 1/11/12 David D. Buell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name William T. Molczan, Esquire Address: WELTMAN, WEINBERG & REIS CO., L.P.A 1400 Koppers Building 436 Seventh Avenue Pittsburg, PA 15219 Attorney for: Plaintiff Telephone: (412) 434-7955 Supreme Court ID No. 47437 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 10-1163 CIVIL RICHARD E FOGELSONGER DB/A L5? c°? PCI - --- 5a() / 72 S MAIL BOXES, ETC. Lti q ?q? ? P p J D f d t an (s) i? e en ORRSTOWN BANK - 5e. 5i 1#ens -?uTy, 17257 Garnishee(s) J PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: a3 ,;, Kindly issue a Writ of Execution in the above matter... x cn 3 -- ? ) 1. directed to the Sheriff of CUMBERLAND County: ? - X" c-, i=) 2. against RICHARD E FOGELSONGER DB/A MAILBOXES, MAIL, Defenda = -?, CD c z r* 3. against ORRSTOWN BANK... Garnishee 4. Judgment Amount $ $3,740.72 Less Payments/credits received $ $0.00 Interest $ $348.04 Costs SUBTOTAL: Costs (to be added by Prothonotary): *a4.oo PO AMY 64,00 C8? I q f ?o?• s° Pd Af?y ,2.15 due Co $ $4,088.76 WELTMAN, WEINBERG & REIS CO., L.P.A. By: /"'? , _ William T. Molczan, quire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 e* I03oy430 0;616 67 Lori+ of Ex --ckwe d WWR No. 77871 12 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No. 10-1163 CIVIL VS. PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) RICHARD E FOGELSONGER DB/A MAIL BOXES, ETC. Defendant(s) ORRSTOWN BANK Garnishee(s) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. 447437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 7787112 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson i -' Sheriff F , f Z: Jody S Smith Chief Deputy Richard W Stewart Solicitor 411'ltp 0; ;Rlli?Fp?$r 2':! 111 JAK! 25 AM 'IQ6 "3 `?IL#MB& LARD L:Ulj ,a_ tl, PPMSYI_VAH11 ",, Capital One Bank (U.S.A.) N.A. Case Number vs. 2010-1163 Richard E. Fogelsonger d/b/a Mailboxes, Etc. SHERIFF'S RETURN OF SERVICE 01/20/2012 09:35 AM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on January 20, 2012 at 0935 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Richard E. Fogelsonger, D/B/A Mail Boxes, Etc., in the hands, possession, or control of the within named garnishee, Orrstown Bank, 22 S Hanover Street, Carlisle, Cumberland County, Pennsylvania, 17013 by handing to Allison Marshall, Head Teller, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on January 23, 2012 to Richard E. Fogelsonger, D/B/A Mail Boxes, Etc., at 111 Fogelsanger Road, Shippensburg, PA 17257. SO ANSWERS, January 23, 2012 RON R ANDERSON, SHERIFF S Vutsha , Deputy ?_t - WELTMAN, WEINBERG & REIS CO., L.P.A. BY: James C Warmbrodt, Esquire I.D. No.42524 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 7787112 CAPITAL ONE BANK (USA),NA vs. RICHARD E FOGELSONGER MAILBOXES ETC and ORRSTOWN BANK Garnishee(s) HE P-ROTHONOTAFty Attorney for PlaintifM FEB 10 AM 11t 2 9 CUMBERLAND COUNTY PENNSYLVANIA Cumberland County Court of Common Pleas NO. 10-1163 CIVIL PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), ORRSTOWN BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By Sworn to and su scribed Before me the r day 967e-b--r?ary, 2012 ARY PU JameWarmbrodt, Esquire Atto v for Plaintiff COMMONWEALTH OF PENNSYLVANIA Notarial Seal Wayne A. Jones, Notary Public City of Pittsburgh, Allegheny County My Commission Expires June 29, 2014 Member, pwnsvivanta Association of Notaries Ck-# 1a3s18S? ?? ?o3?1c? a3