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HomeMy WebLinkAbout10-3867E r- r, -,? cY i. 20 10 ,` I I Ph 2: 4 I Cam( ; ,?, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. DOROTHY M FETROW Defendant ?n l fc?M No : lQ - 3 9-0 7 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 08172342 C N Pit EMR 'p ?.?? 3 sc y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No DOROTHY M FETROW 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: DOROTHY M FETROW 104 LINCOLN ST ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number XXXXXXX.XXXXX3637 . 4. Defendant made use of said credit card and has a current balance due of $2520.92 , as of May 12, 2010 . 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 0.000% per annum on the unpaid balance from May 12, 2010 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 11111 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 , DOROTHY M FETROW , individually , in the amount of $2520.92 with continuing interest thereon at the rate of 0.000% per annum from May 12, 2010 plus costs. fames u. warmnrocrt,42524 WELTMAN, EINBERG & REIS CO., L.P.A. 436 Sev n h Avenue, Suite 1400 Pittsb g , PA 15219 (412) 3 7955 FAX: 2 338-7130 08172 4 C N Pit EMR This law firm is a debt collector attemp g to collect this debt for our client and any information obtained 11 be used for that purpose. FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date $2,289 46 -? $43.00 + $59.97 + $78.00 = $2 384.43 $663.00 Sep 04 2009 , . , Jul. 10, 2009 - Aug. 10, 2009 Page 1 of 1 MasterCard Platinum Aecou t \ KEASE PAY AT LEAST TMS AMOUNT X Yodro behuxf oy ea payments If we charge off your account tae to Into or m*.,wd payments, finance 3637 charges wll continue to accrue Act now to present this from happening Pleasr pay the mtrcnulr Your Account Inforrrlahorl ^aMent amount on you statement or rove us a call at 1 900 955 6&)D V W re here to help I ake control of your credit with Capital One TOTAL CREDIT LINE $1,50000 TOTAL AVAILABLE CREDIT $0,00 "Important Notice" Linder the terms we premL* dsdosed to you, your aocotmt is now eligible for an CREDIT LINE FOR GASH $11000.00 increase in Annual Percentage Rates (APRs) effective mmedaley However, Capital One has elected AVAILABLE CREDIT FOR CASH $000 not to rase your APRs at this timer Please be advised that If you fat to keep your account n good l standing, Capital One reserves 8x rKp to raise your APRs in the Uwe 8172342 FlnarM Charges (Please see reverse for important information) Balancerate Periodic Comespondig FINANCE applied to -ate APR CHARGE Purcfeses S2,32570 008055%D 2940% &5097 Cash SO 00 0 08055% D 2940% S0 00 ANNUAL PERCENTAOE RATE applkd tints period: 29AW1. Q At Your Service - Go b mw-mblorwoon to mwo your accent or CA i-000303J637 ro report a List or 4a1in cad or speak to Du4l r RehYons 0 Pay Onlrti at MW.caamb .Wn a rTtMIW PWIWK ID, Capital ()ne Be* (USA), NA v P 0 Boot 71083 - Qvblte, NC 28272.1083 A Sand Irrgtiies to: rripld0-w P0 Byc30285-SA L" 00 UT a. 4100286 ® Nave a qunWn about it the i on your statemnR? Please refer to the Billing Rights Summary on the tacit of your statement or visa Pal"wts. Credl?s dr Atiustm6nts 1 10AUG PAYMQIT S4300- Transacdm 2 03AV3 PAST DUE FEE &3900 3 10A00 0VERUMIT;--EEAt1G10,2009 S39 OD Your a=nt has gore over is credit Ind. To avoid adcihonal overlent fees, you should pay more than tie Minimum Payment. Pkrese pay enough to brig you account babnce below your credit limit mmediatey, and make sure you account balance, remains below your credit limit Reese be sure the amount you pay aocouts for any future purchases, fees, and fro nce charges You were assessed a past due fee because your minimum payment was not received by the due data To wAd thrs fee it the We. we recommend that you allow at least 7 business days for your minimum payment to reach Capital One PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW CANTALONECOM TO MAKE YOUR PAYMENT ONLINE 1 13637 09 2384430043000663008 tCap Account Number..- 637 Lend a hand Save the land Due Date New Balance Minimum Payment Amount Enclosed . . Manage your account online today- 2009 2 ( ) ( ?? Sep. 04 384.43 $663 00 it's fast, easy and secure. , , . IS Pay orl- anytime--no more checks, stamps or'Intter K EASE PAY AT LEW THISAMOt1NT Q Moving? Change your address online or on the back e Help save the planet Go paperlcss N9022307983669692q © 51gn up at www cap talonc corn DOROTHY M FETROU 104 LINCOLN ST Capital One Bank (USA), N.A. ENOLA, PA 17025-2530 P.O. Box 71063 l?l lr?lrl ?l?"?'?I I??'?I ?I?I I I? ' 1"?? ?11 ?' ?' Charlotte, NC 26272-1063 I l ll I II I I I??I 11111 I 1 I Il????lrlllrrllll?ill'?I??IIIrr??1111n??Jr???rl?u???l??l?'?II? Please make checks payable to Capital One Bank (USA), NA and mail with this coupon in the enclosed envelope. r .r PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. DOROTHY M FETROW 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. A? . //) - °`a---? Dated: CP -- /c? Margaret Parton A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 'r ~ t-' ,~ o?D~D AvG- t a Ph~I~ c ~ 6a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P~'NI~fiSYLVANZA; ~r~ CNIL DNISION i , , ., , CAPITAL ONE BANK (USA), NA Plaintiff vs. DOROTHY M. FETROW Defendant No.10-3867 CNIL 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 VVVV',Z#8172342 $2,31 5.92 ~I¢.oo PA p'r't'~/ C~ ~~0~77 ~,~ ay t~u9s' ~o~ee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 10-3867 CIVIL DOROTHY M. FETROW Defendant PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, DOROTHY M. FETROW, in the amount of $2,385.92 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., By: Attorney for Plaintiff DOROTHY M. FETROW, By: ' Defen t WWR#8172342 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CNIL DNISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 10-3867 CNIL DOROTHY M. FETROW 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, DOROTHY M. FETROW, above-named, in the amount of $2,385.92 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: 1. Defendant admits indebtedness to Plaintiff in the amount of $2,385.92 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 indebtedn~;ss, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and againsr the Defendant, DOROTHY M. FETROW, in the amount of $2,385.92 plus continuing interest thereon a@ the rate of 6.00% per annum from Date of Judgment and costs. 3. Plaintiff agrees not to execute on its Judgm rnt so long as Defendant causes to be delivered to Plaintiff the following payments in full by 12:(.0 NOON on the following dates: (a) $135.00 due by August 5, 2010; (b) $135.00 due on the 5~ day of each co.~isecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. 4. All payments are to be made payable to he 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 (5) 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. ~~kkr, 9. Intending to be legally bound, the parties set their hands and seals thisLVday of ~,20 ~J WE ~,TMAN, WEINBERG & REIS CO., L.P.A. By: -_ Matthew D. Urban, Esquire ?A I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 136 Seventh Avenue ~'ittsburgh, PA 15219 ''412) 434-7955 "WWR No. 8172342 By: j ~: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL DNISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 10-3867 CNIL DOROTHY M. FETROW 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 $2,385.92 plus costs. ( ) Trespass Judgment in the amount of $ :.plus costs. ( ) If not satisfi~;;d within sixty (60) days, your motor vehicle operator's license and/or registration ~ gill be suspended by the Department of Transportat~~~n, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Ju«gment of ( ; . ~ Court Order ( ,,~ Non-Pros ( Confession ( ~ Default ( Verdict ( ~ Arbitration ( Award (X~~:) By Consent Pro~'~~aonotary DOROTHY M. FETROW 104 LINCOLN ST ENOLA, PA 17025 By: PRA" +THONOTARY (OR DEPUTY)