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HomeMy WebLinkAbout10-6640 COMMONWEALTH OF PENNSYLVANIA ;~ ~. COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT ~.rY-b~ COMMON PLEAS No. t (~ - (~1o UD ~ i yi i Term }NOTICE OF APPEAL Njotice is given that the appellant has filed inrthe above Court of Common Pleas an appeal from the judgment rendered by the District Justice on ij~e date and in the case referenced below. Sob .~ti~TTa ,p2~'v~e C'14t2~~~S~e.. !~~} /70%.~ ~.~,~ -.- _. ,.._......, ~~,...,,o.,.~ ri -~ I -i ~ ~i~'Pi7'~d t~.~e i~~k ,~ G~-l22~TT' /J~cke2~ C V-ac~ac~ too-I o This block will t>e signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDERS to the judgment for possession in this case. ~~ f"''r If appeNant was Claimant (sae"Pa. R.C.P.D.J. before a District Justice, A COMPLAINT MUST tiE FILED within twenty (20) days after tiling the NOTICE of APPEAL. s~.n.. or Photl~orwhy orDspuly PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant bEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. iF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upor~~,~,~~ ~WC ~~ . appellee(s), to file a complaint in this appeal Name d ap~ee(s) (Common Pleas No. t ~ . ~~ l~a ~ yy ~ ~ )within twenty (20) days after service of rule or suffer entry o judgment of non pros. Tern, /' ~" SlgnafrweofappellantoraHOmeyaager-t RULE: To ~1 ~ ~r~. ~~ ~ ~. ~ ~ ~ , , appellees) Name orappeNee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule~ujhon you by personal service or by certified or registered mail. .. ... i i i '' - i'~,l~'!f+q'.Y. M7"f :r!.yMfv„. "9 WiP~"'1M1'++_. dF , ~2) If yoi~io=rott'fik~ a gomplaint within this time, a JUDGMENT OF NON PROS MAY BE E~gEW ~~M~Ta.~ ~~ _~~~`~:+ e~ ~; > (~~~ TtSe datd r~fYs~rvica of3tus rule if service was by mail is the date of the mailing. mate ` ~~~`µ Zd .. ~~, .~,, ~~_ YOGI r ` ' , <: ":. . ~ ~t,GDI: A COPY OF THE NOTICE OFJUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHRE -COURT FFLE TO l3E FILED WITH PROTHONOTARY GREEN -COURT FILE YELLOW - APPEltANTS COPY PINK -;COPY TO l3E SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE __ ~ _ _ ~~~ k'~ ~:x~ r, ~ I . ~ ' pro. ~~~ t, 1 . ~ .~..., ~ . _e~~ ~.~~ ~~, 0090 ~ Postage $ ~ '~ ~ 43 ~f2.80 ~ Certified Fee ~ ~ Retum Receipt Fee (Endorsement Requred) ;~.3(} _ ~ ~ (EndorsemeDnt IReq red) X0.00 o s5•~ 14/2&/201Q ~ Total Postage & Fees ~ Sent To ~ :. Q Street, Apt.'t3o:; a or PO Box No. °-°--•---------°-----_.°._.... •- City, State, ZIP+4 ~3 ~ ~k~ ~` ~ THE PR~~Ofi~QT,R~i° ~o~a oc~ 2g ~~ Eon o rEfMBCE,tRii'~Lc,`1vE~1t7'pC3~~(U~} I `~` ~C~tF3J i L,ArI°iT~Ft'~ PROOF OF SERVICE OF N©TICE OF APPEAL AND RULE TO FJLE COMPLAINT (This proof of service MUST BE FILED WITHIN + E: N (1'0) DAYS AFTER frling of the notice of appeal. Check applicable boxes.) COMMONWEA H OF PENNSYLVANIA COUNTY OF ~~~ ss AFFIDAVIT: I hereby (swear) (affirm) that I sE,r~rs~d ^ a copy of the Notice of Appeal, ~(~:c~t•nmon Pleas ~, upon the District,J.-u~stice designated therein on (date of service) ~~ zB`p , 20 ^ by personal service IGI by (certified) (registered) mail, .. ~ / ;/C ------ sender's receipt attached hereto, and Capon the appellee, (name) ~~~-~~~' , on L~/~, p' , 2Q ~`~ ^ by personal service ~~iy (certified) (registered) mail, sender's receipt attached hereto.. (SWORN) (AFFtRMED) AND SUBSCRIBED BEFURE ME THt~S ~~ DAY OF l~r~ , 20~. ~D L ~~ ~~~~ Signature ofaffiant Signature of offiy~ bei'ore whom alFdavit was made Title o/ o-IFciaf My commission expires on , 20 ~ Ni ~~M~la>r11 •~ ~ , ~ ~ t fT'1 ~~ ~ ~ ~ .•• • s•• t`- m m X13 .- .~_ ti ~ Postage $ ~•~ ~4 ~ Certified Fee ;'2.~ O '~ Total Postage & Fees ~ ~.~ 10/2~J"Ii?i8 rR ~ Sent To I~ or PO Box No. ~ Return Receipt Fee Postmark 0 (Endorsement Required) ~Z•~ Here O O Restricted Delivery Fee (Endorsement Required) si4.pA r` Cary sraie, zrP+a :~ f1, HAYT, HAYT & LANDAU, LLC By: Arthur Lashin, Esquire Identification No. 23425 123 S. Broad Street Suite 1660 Philadelphia, PA 19109-1003 (215) 928-1400 OUR FILE NO. 321636 CUMBE` PEP. ?:. P co , rig ?? G ? -u; cr± Attorney for Plaintiff CAPITAL ONE BANK 4851 COX ROAD GLEN ALLEN, VA 23060 Vs. GARRETT DECKER 306 SHATTO DR CARLISLE PA 17013 CIVIL ACTION "NOTICE "You have been scrod 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 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 en- tered against you by the court without further notice for any mon- ey claimed in the complaint or for any other claim or relief request- ed by the plaintiff. You may lose money or property or other rights important to you. IF YOU CANNOT AFFORD TO EIRE A LAWYERTHIS 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 CUMBERLAND COUNTY BAR ASSOCIATION 32 S BEDFORD STREET CARLISLE PA, 17013 800-990-9108 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION TERM. No. 10-6640 CIVIL TERM "AVISO "Le han demandado a usted an la torte. Si usted quiere defendense de estas demandas expuestas an las pBginas siguientes, usted time veirde (20) dies, de plazo al patir de la fecha de to demands y la notificaciSn. Haoe fake asentar una oomparencia escrita o an persona o con un abogado y entregar a la oorte an forma escrita sus defenses o sus objeciones a las demandas an contra de su persona. Sea avisado quo si usted no se defiende, la oorte tomard medidas y puede continuar la demands on contra suya sin previo aviso o notificacibn. Aden-As, Is torte puede decidir a favor del demandante y requiere quo usted cumpla con todas las provisions de esta demands. Usted puede perder dinero o sus propiedades u otros derechos importantes pare usted. "LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINACUYA DIREcci6N SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. 1r CIVIL ACTION 1. Plaintiff CAPITAL ONE BANK is a business entity securing or collecting debts, with offices located at: 4851 COX ROAD, GLEN ALLEN, VA 23060. 2. Defendant(s) GARRETT DECKER is/are individual(s) residing at: 306 SHATTO DR, CARLISLE, PA 17013. 3. Upon application by Defendant(s) a Credit/Revolving Charge Account was established for Defendant(s), which was assigned account number 4802137092060898. 4. Defendant(s) subsequently utilized the aforesaid account to make various purchases and/or receieve cash advances, thereby incurring payment obligations to Plaintiff and/or Plaintiff's predecessor in interest. 5. Defendant(s) defaulted by failing to adhere to repayment terms and in accordance therewith, the entire remaining balance became due and immediately payable. 6. As a consequence of the foregoing there is presently due and owing to Plaintiff by Defendant(s) the following amounts (see Exhibit "A"): Unpaid Balance: Interest: TOTAL DUE: $6,834.05 $688.06 $7,522.11 7. Despite repeated demand by Plaintiff, Defendant(s) has/have failed and refused to pay the aforesaid sum. WHEREFORE, Plaintiff demands that judgment be entered against Defendant(s) in favor of Plaintiff in the amount: of $7,522.11 together with interest and costs. HAYT By: Attorney for Plaintiff Business. Banking. And more. 500275 You're already a valued Capital Ones business credit card holder. But did you know we have even more services to help both you and your business thrive' With so many products to choose from, the next time you need financing, think capital One. • Banking • Payroll • Credit Cards • Money Markets • Auto Loans • Healthcare Finance Learn more and apply today at MEMBER www.capitalone.com FDIC FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date $3,448.66 - $100.00 + $ Apr. 01, 2009 Feb. 08, 2009 - Mar. 07, 2009 Page 1 of 1 -T_ Visa Business Card Account 4M.137042084 M Your Account Information REWARDS TOTAL CREDIT LINE $5,000.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $2,500.00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please see reverse for important information) Balance rate Periodic Corresponding FINANCE applied to rate APR CHARGE Purchases $5,015.87 0.02644% F 9.65% $37.13 Cash $0.00 0.03986% F 14.55% $0.00 ANNUAL PERCENTAGE RATE app8ed this gtertod: 9.BS% ZRI At Your Service • Go to m m,owifabne.mm to manage your sooount, or Cat IMO-W-0904 to report alost or stolen card or speak to Customer Rsld o 0 Pay Online at www.cadtabne.com or mad your payment to: Capital One Batt (USA), NA. • P.O. Boot 71083 • cherbtle, NC 28272-1063 Sand Inquiries to: Capital Ones P.O. Box 30285 • Sat Lake QAy, UT $4130-0285 ® Manags your Rewards online by visiting Or 1AW-228-3001 ® Have a question about a charge on your statement? Please refer to the Billing Rights Summary on the back of your statement or visit wwwxapitalpne.com/disputes PHASE !Xf AT LEAST THIS AMOUNT Rewards Summa Previous available balance: - 5,342 Earned this period: 1,979 (ralbcts traosactim posted during this bung c/ch) Forfeited this period: 1,529- Available Balance. 5,792 Payments, Credits & Adiustments 1 05 MAR PAYMENT $100,00- Transactions 2 09 FEB WALKER SALES If DISTRIBUTI ELIZABETHTOWN PA $1,528.94 3 03 MAR HBA OF METRO HBG 717-2325595 PA $450,00 4 04 MAR PAST DUE FEE $39,00 5 07 MAR OVERLIMIT FEE MAR 07, 2009 $39.00 Your account has gone over its credit limit. To avoid additional overimit fees, you should pay more than the Minimum Payment. Please pay enough to txing your account balance below your credit limit immediately, and make sure your account balance remains below your credit limit. Please be sure the amount you pay accounts for any future purchases, fees, and finance charges. You were assessed a past due fee because your minimum payment was not received by the due date. To avoid this fee in the future, 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.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE. 1 4802137092060898 07 5442930100000091002 clofta Account Number. 4802.1370-9206-0898 Due Date New Balance Minimum Payment Amount Enclosed Apr- 01, 2009 $5,442.93 C$91.00 PLEASE PAYAT LEAST THIS AMOUNT #9006734540164133# GARRETT DECKER CREEK VIEW HOMES INC PO BOX 174 SHERMANSOALE, PA 17090 11111.IIIrIrI'IrI,IIrrIIrIIIIIIIrIIIII-I I. IIIIIIIIrIIIIIIIIIII'II Lend a hand. Save the land. Manage your account online today- it's fast, easy and secure. 19 Pay online anytime-no more checks, stamps or clutter. e Moving? Change your address online or on the back. ® Help save the planet-Go paperless. ® Sign up at wwav.capitalone.com. Capital One Bank (USA), N.A. P•0• Box 71083 Charlotte, NC 28272-1083 IIIII IIrIIIrrlilllrllrlllllllrrIIIIllrrllrlrlllrllrrllllllllnIf ll Please make checks payable to Capital One Bank (USA), N.A. and mail with this coupon in the enclosed envelope. EXHIBIT A what's In your wallet? cgq? MAKE A PAYMENT. AND TAKE CONTROL "10 OF YOUR CREDIT WITH CAPITAL ONE? Your account is temporarily unusable. The good news is, by paying the amount due on your statement, you can still bring your account into good standing. Let's work together to bring your account back to good standing. You can make a payment with our fr= check by phone service or speak to an associate by calling 1.800.955.6600. © 2009 Capital One. Capital One it a frderally regirured sender mark. All r hn, reserved FINANCE Previous Balance Payments 8 Credits CHARGE Transactions New Balance Minimum Payment Due Date $5,751.15 - =$0 + C:$ C 150.36 + _ $39.00 J $5,940.51 $681.00 Jul. 03, 2009 May. 08, 2009 - Jun. 08, 2009 Page 1 of 1 Visa Business Card Account 4W2.7370420608BB now Your Account Information % ARDS' TOTAL CREDIT LINE $5,000.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $2,500.00 AVAILABLE CREDIT FOR CASH $0,00 Finance Charges (Please see reverse for important information) Balance rate Periodic Corresponding FINANCE applied to rate APR CHARGE Purchases $5,833.30 0.00055% D 29.40% $150.36 Cash $0.00 0.08(155% D 29.40% $0.00 ANNUAL PERCENTAGE RATE applied thh period: 28.40% ® At Your SOMM • Go io www omblxre.uom in manage your sooount, or Cat 1-800.867-0904 b report a bet or stobn card or speak lo O ctomer ReWtiom ® Pay Odbro at wwwceoitabne.oom or mail yar payment to: Capital Ore Bore (USA), NA. • P. 0. Sox 71083 • awb9o, NC 28272-1063 A Send inquiries to: Capital Ones P.O. Box 30285 - Sal Lake city, UT 84130.0285 ® Manage your Rewards online by visiting or Cat 1-WD-228-3001 ® Have a question about a charge on your statement? Please refer to the Bilig Rights Summary on the back of your statement or visit www_caoitalarie.mm/disnl4es PLEASE PAY AT IEAA THIS AMOUNT You're behind by three payments. But you can bring your account current by paying the minimum payment amount on your statement. If you're having financial cftukies and you're feeling overwhelmed - we want to help. Give one of our associates a call at 1.800.955.6600. You'd be surprised what we can do together to work this out. Rewards Summa Previous available balance: 5,792 Earned this period: 0 (reflects Irensactions poslad dLffM this bifng c,ck) Available Balance: 5,792 Payments, Credits & Adiustmenls Transactions 1 Ot JUN PAST DUE FEE $39.00 Under terms previously disclosed to you, some or all of your Annual Percentage Rales (APRs) have been increased since your account was past due twice in the pest 12 billing cycles. If your rates have already increased, subsequent delinquencies extended the duration of the increased rates. Remember: If we receive your minimum monthly payment on time for 12 consecutive billing cycles, this account will be reviewed for a possible return to your Non4ntroductory APR. Your account has gone over its credit limit. To avoid additional overlimit fees, you should pay more than the Minimum Payment. Please pay enough to bring your account balance below your credit limit immediately, and make sure your account balance remains below your credit limit. Please be sure the amount you pay accounts for any fulure purchases, fees, and finance charges. You were assessed a past due fee because your minimum payment was not received by the due dale. To avoid this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Capital One. PLEASE RETURN PORTIO N BELOW WrrH PAYMENT OR LOG ON TO WWW.CAPITALONE.COM TO MAKE YOUR PAYMENT 0NUNE. 1 4802137092060898 07 5940510100000681005 Account Number. 4802-1370-9206-0898 Due Date New Balance Minimum Payment Amount Enclosed Jul. 03, 2009) $5,940.51 $681.00 1 1 PLEASE PAY AT LEAST -J THISAMOUNT #90160345401641361/ GARRETT PECKER CREEK VIEW HOMES INC PO BOX 174 SHERMANSPALE, PA 17890 111111 "Jill"'I'I,rh11,d'11,1,11.11II111IlrI1 111 1-III Lend a hand. Save the band. Manage your account online today- it's fast, easy and secure. e Pay online anytime-no more checks, stamps or clutter. © Moving? Change your address online or on the back. ® Help save the planet--Go paperless. ® Sign up at vvww.capitalone.com. Capital One Bank (USA), N.A. P•0- Box 71083 Charlotte, NC 28272-1083 1111111'811"IJ111'll'IIINJ„IIIIII-11'1'lll'11"IIIIIIII'llll Please make checks payable to Capital One Bank (USA), NA. and mail with this coupon in the enclosed envelope. EXHIBIT A GARRETT DECKER 500012 your Wallet? IT'S STILL NOT TOO LATE. Your account is unusable. Please pay the amount due on your statement by the due date. Remember we're here to help! Let's work together to find a solution that's right for you. You can make a payment with our free check by phone service or speak to an associate by calling 1.800.955.6600. © 2(X7`9 Capital One. Capital One is a federally registered semirr mark. All nghts retuned. FINANCE Previous Balance Payments 8 Credits CHARGE Transactions New Balance Minimum Payment Due Date $6,159.01 -(? $0.00 + $155.89 + $78.00 =( $6,392_901,180.00 l Sep. 01, 2009 Jul. 08, 2009 -Aug. O7, 2009 Page 1 of 1 Visa Business Card Account 41102.137042064M Your Account Information ? RIIWARW TOTAL CREDIT LINE $5,000.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $2,500.00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please see reverse for important information) Balance rate Periodic Corresponding FINANCE applied to rate APR CHARGE Purchases $6,242.84 0.08056% D 29.40% $155.89 Cash $0.00 0.08056% D 29.40% $0.00 ANNUAL PERCENTAGE RATE applied this period: 28.40% ® At Your Sordice - Go 10 www atkin e.mm to mange your account, or Cat 1.880"67-0904 b report a bs1 or dolen card or speak to cusbmer Relations 0 Pay Chime at mm cadtabrie.mm a met your payment b: Capital One Be* (USA), NA. - P.O. Box 71083 • Ctwbtle, NC 28272-1083 A Send Ingalrks m: Captal Orr P.O. Box 30285 • Set L eke City UT 8, 41 00285 ® Manage your Rewords online by visiting :V = is Have a question about a charge on your statement? Please refer to the Billing Rights Summary on the back of your statement or visit www.caoitatone.com/disoules PLEASE PAY AT 1AM THIS AMOUNT You're behind by five payments. If you continue to miss payments your account is at risk of being charged off. Please don't let this happen. If you're feeling overwhelmed, call us at 1.800.955.6600. Well work with you to resolve this matter. Rewards Summa Previous available balance: 5,792 Earned this period: 0 (reflects transactions posted durN this bung cycle) Available Balance: 5,792 Payments, Credits & Adiustments Transactions 1 01 AUG PAST DUE FEE $39.00 2 07 AUG OVERLIMIT FEE AUG 07, 2009 $39.00 Under terms previously disclosed to you, some Or all of your Annual Percentage Rates (APRs) have been increased since your account was past due Woe in the past 12 billing cycles. If your rates have already increased, subsequent delinquencies extended the duration of the increased rates. Remember: If we receive your minimum monthly payment on time for 12 consecutive billing cycles, this account will be reviewed for a possible return to your %nantroductory APR. Your account has gone over its credit limit. To avoid additional overimit fees, you should pay more than the Minimum Payment. Please pay enough to bring your account balance below your credit limit immediately, and make sure your account balance remains below your credit limit. Please be sure the amount you pay accounts for any future purchases, fees, and finance charges. You were assessed a past due fee because your minimum payment was riot received by the due date. To avoid this fee in the future, 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 VW W.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE. 1 4802137092060898 07 6392900100001180003 caw - Account Number. 4802-1370-9206-0898 Lend a hand. Save the land. Due Date New Balance 1 Minimum Payment Amount Enclosed Manage your account online today- Sep. 01, 2009 $6,392.90 J $1,180.00 C:::= it's fast, easy and securoa. 8 Pay online anytime-no more checks, stamps or clutter. PLEASE PAY AT LEAST THIS AMOUNT ® Moving? Change your address online or on the back. ® Help save the planet--Go paperless. #9022034540164138# ® sign up at..capitalone.com. GARRETT DECKER CREEK VIEW HOMES INC Capital Ono 13ank (USA), N.A. PO B0X 374 P.O. Box 710"3 SHERMANSDALE, PA 17090 Charlotte, NC 28272-1083 'll°r"lllll?uln14111?1^hrlllllhhl'Ilrlhhhlll?l'P? ulllh'Ill"uhl'h'hlhll?'Ihlh^II'I'Ill'Il"Illdld?hll Please make checks payable to Capital One Bank (USA), NA. and matt with this coupon in the enclosed envelope. EDIT A GARRETT DECKER If you cannot make your minimum payment, but can pay at least $267.00, call us at 1.800.955.6600. Your account will not fall further behind, even though it will remain past due. GARRETIF DECKER 500309 IT'S TIME TO TAKE CONTROL OF YOUR DEBT. WE'RE HERE TO HELP. Even if we report your account as charged off, you'll still be responsible for paying your debt. So why not call us to see what we can do together to keep you from receiving such a serious mark on your credit record? Please contact us to find a solution that's right for you. You can make a payment with our free check by phone service or speak to an associate by calling 1.800.955.6600. Make sure you call or pay the amount due on your statement by :he due date to eliminate :he risk of being charged off. 0 2009 Capital One. Capital One is u federuUy regirtered service Ynark. All rights merved. FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date ( $6,392_- ? $0.00 + $161.80 +C $78.00 -? $6,632.70 $1,447.00 ) _ ?OCt. 02, 2009 / Aug. 08, 2009 - Sep. 07, 2009 Page 1 of 2 Visa Business Card Account 4002.1370A2084BBS L. Your Account Information C' RIWAROS' TOTAL CREDIT LINE $5,000.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $2,500.00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please see reverse for important information) Balance rate Periodic Corresponding FINANCE applied to rate APR CHARGE Purchases $6,479.58 0.08055% D 29.40% $161.80 Cash $0.00 0.08055% D 29.40% $0.00 ANNUAL PERCENTAGE RATE applied this period: 21.40% ® At Your Service - Go to wew.c®8abre.com b manage your a rn. or Cat 1.800-067-0904 io report a bbl or sblen cad or speak to GLslomer RekBorm 0 Pay Gnibe at www.cautab ro.com or mail your payment lo: Capital One Be* (USA), N.A. • P.O. Bea 71083 • Chabtle, NC 28272.1083 Send Inguirtes m: Copilot Ors P.O. Box 30285 • Sal Lake City, UT 84130.0285 ® Manage your Rewards online by visiting arcs[ 1-000-228-3001 ® Have a question about a charge on your statement? Please refer to the Bilig Rights Summary on the back of your statement or visit www.caoitalm.com/dismies PlEME PAY AT LEAST THIS AMOUNT It you cannot make your minimum payment, but can pay at least $267.00, call us at 1.800.955.6600. Your account wil not At further behind, even though it will remain past due. You should know you re behind by sic payments. If we charge off your account, you will continue to accrue finance charges. Ad now to prevent this from happening. Please pay the minimum payment amount on your statement or give us a cal today. We're here to help. 'important Notice- Under the terms we previo tsy disclosed to you, your account is now eligible for an increase in Annual Percentage Roles (APRs) effective immediately. However, Capital One has elected not to raise your APRs at this time. Please be wised that if you fail to keep your account in goad standing, Capital One reserves the right to raise your APRs in the future. Rewards Summarv Previous available balance: 5,792 Earned this period: 0 (reflects transactions pasted dung this biing cycle) Available Balance: 5,792 Payments, Credits & Adjustments Transactions 1 01 SEP PAST DUE FEE $39,00 2 07 SEP OVERLIMIT FEE SEP 07, 2009 $39.00 Your account has gone over its credit limit. To avoid additional werimit fees, you should pay more than the Kninnum Payment. Please pay enough to bring your account balance below your credit limit immediately, and make sure your account balance remains below your credit limb. Please be sure the amount you pay accounts for any future purchases, fees, and finance charges. You were assessed a pas( due fee because your minimum payment was not received by the due date. To avoid this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Capital One. PLEASE RETURN PORTK)N BELOW WITH PAYMEW OR LOG ON TO WWW.CAPrTALONE.COM TO MAKE YOUR PAYMENT 0NUNE. Account Number. 4802-1370-9206-0898 Due Date New Balance Minimum Payment Amount Enclosed (Oct. 02, 200 $6,632.70 $1,447.00 PLEASE PAY AT LEAST THIS AMOUNT 1 4802137092060898 07 66:52700100001447006 #9025134540164133# GARRETT DECKER CREEK VIEW HOMES INC p0 80X 174 SHERMANS DALE, PA 17090-0174 u - IIIFIIIII I- Ili - IIIII I IIy--I'11t1'IIIIIII II'Il,l11111.„III1, GO GREEN. SAVE GREEN! Pay online and save money on stamps, ? Sign up at www.capitalone.com ?•?f Capital One Bank (USA), N.A. P•0• Box 71063 Charlotte, NC 26272-1063 IIIIIII - III -- IfIIIrII - IIIIIII -- I 1 1II--II-I.III-II--IIIIIIII-IIII Please make checks payable to Capital One Bank (USA), NA. and mail with this coupon in the enclosed envelope, E)"BI 1 A !n your wallet? 10-wift7w- • know your credit limit and the amount of credit available for your use. • Maintain a good credit histornt.Jt affects more areas of your life than just your ability to get a credit card. • Use a budget to help you see what you can afford to buy now and to help you save for the future. • Understand that the cost of credit includes fees as well as interest. • Request a copy of your credit report from a credit reporting bureau regularly. 500017 Previous Balance Payments B Credits FINANCE CHARGE Transactions New Balance Minimum Payment Due Date _$6,392.90 ' -( L $0_00 + C$161.80 + $78.00 $6,632.DO $1,447.00 J COOL 02, 2009 Aug. 08, 2009 - Sep. 07, 2009 Page 2 of 2 ?- -? PLEASE PAY AT L PST TN6 AMOUNT Visa Business Card Account 4M137042064M Your Account Information REWARDS" Important Information About Credit Reporting: We will be reporting your Capital One® Small Business TOTAL CREDIT LINE x5 000.00 Credit Card status to consumer credit bureaus beginning October 1, 2009. Late payments, missed TOTAL AVAILABLE CREDIT , $0.00 payments o other defaults on your account maybe reflected in your peril report. CREDIT LINE FOR CASH $2,500.00 Important change to your Rewards travel redemptions beginning February 2010: A booking fee may apply AVAILABLE CREDIT FOR CASH $0,00 when you call our Rewards Center to book travel using your rewards. However, you can still book travel online for free at www.capilalow.com. DGMIT A M r-I O w w a O O N r O \ O H I rn 0 0 N 0 \ rn 0 F a 0 a W a w a H E H U) U w w a U U W O H U r O W a U U H w o o •• d? U a; M N a W rT. UI U a q cx H rn a •• w o w N a .. w U? N U1 x o ° H a H H ?D ? wo w a z F q ry 4 Q . 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F I I H H I I O O H N O O i O 0 O O z 0 H I a H I U to I w A I F W to M P4 W ' 34 W a rz1 1 14 A ? F ? a ' P4 W ' U U z z H W a E E-1 ' a r W W W x w qa ,.?? w o 0 w q A ' H Hu rn l rn E-I W ( ? ul ?y p 0 N W in .Y. x O (k? H FC4 0 Ul ^ N AY I a M W GI W z o o , P4 0 0 ul l P 4 u l w a F° I H 0 EYMIT A . 1 . CAPITAL ONE BANK (USA), N.A., Plaintiff, V. Case No. 10-6640 CIVIL TERM GARRETT DECKER Defendant(s). VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn 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 a.-- true and correct to the best o his/her knowledge, information and'beliek) Dated: ?ean T erman N00000033164406 621306273 A088 HAYT, HAYT & LANDAU SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE Sheriff I THE PROTHONOTARY Jody S Smith Chief Deputy Richard W Stewart Solicitor 0011", . „4c 14,74 c 2011 JAN 24 AM 11: 17 CUMBERLAND COUNTY PENNSYLVANIA Capital One Bank vs. Garrett Decker Case Number 2010-6640 SHERIFF'S RETURN OF SERVICE 01/21/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Garrett Decker, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Garrett Decker. Request for service at 306 Shatto Drive, Carlisle, Pennsylvania 17013 is vacant. The Carlisle Postmaster advised Deputies, Garrett Decker receives his mail at P.O. BOX 337, Shermans Dale, Pennsylvania 17090. SHERIFF COST: $38.84 January 21, 2011 SO ANSWERS, (5Z RON R ANDERSON, SHERIFF (c? Court;SWte She tt.. Ie ecsott, wc H BY: AYT, HAYT & LANDAU, LLC Identification sNo. 23425ire 123 S. Broad Street Suite 1660 Philadelphia, PA 19109-1003 (215) 928-1400 CAPITAL ONE BANK VS. CARRETT DECKER CREEK VIEW HOMES INC PRAECIPE TO DISCONTINUE W1 ITO THE PROTHONTARY; ?' Cw? C":a a?:m CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-6640 CIVIL TERM PREJUDICE Kindly discontinue the above captioned matter without prejudice. HAYT, HAYT & LANDAU By; P? Attorney for Plaintiff Attorney for Plaintiff Ce? r N C:) D x N n