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HomeMy WebLinkAbout12-4856C"1L!D-Q? FiCE - i RntJ'A TA i (.;`a4 2ERLAND ACOUt'TY I E??3SY LAW OFFICES OF 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. 426550 Attorney for Plaintiff CUMBERLAND COUNTY CAPITAL ONE BANK (USA), N.A. 4851 COX ROAD GLEN ALLEN, VA 23060 VS. STEPHEN R MORSE 27 GREENMONT DR ENOLA PA 17025 COURT OF COMMON PLEAS CIVIL DIVISION TERM. I pS No. ) 0? n, q`f' CIVIL ACTION "NOTICE "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 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 ERE A LAWYEP 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 CUMBERLAND COUNTY BAR ASSOCIATION 32 S BEDFORD STREET CARLISLE PA, 17013 800-990-9108 "AVISO "Le han demandado a usted an la corte. Si usted quiere defenderse de estas demandas expuestas an las pfiginas siguientes, usted tiene veinte (20) dias, de plazo al patir de la fecha de la demanda y la notificaci6n. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte an forma escrita sus defenses o sus objeciones a las demandas an contra de su persona. Sea avisado qua si usted no se defiende, la corte tomar6 medidas y puede continuer la demanda an contra suya sin previo aviso o notificaci6n. Ademds, la corte puede decidir a favor del demandante y requiere qua usted cumpia con todas las provisioner de esta demanda. 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 OFICINA CUYA DIRECC16N SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. a a7S8SI o? CIVIL ACTION 1. Plaintiff CAPITAL ONE BANK (USA), N.A. is a business entity, with offices located at: 4851 COX ROAD, GLEN ALLEN, VA 23060. 2. Defendant(s) STEPHEN R MORSE is/are individual(s) residing at: 27 GREENMONT DR, ENOLA, PA 17025. 3. Upon application by Defendant(s) a Credit/Revolving Charge Account was established for Defendant(s), which was assigned account number """"""1812; a copy of the account Agreement is attached hereto, made a part of hereof, and marked Plaintiff's Exhibit "A". 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 under the terms of The Agreement. 5. Defendant(s) defaulted upon The Agreement by failing to adhere to the repayment terms contained therein, and in accordance therewith, the entire remaining balance became due and immediately payable. 6. Plaintiff's predecessor in interest assigned to the Plaintiff all of its right, title and interest in and to its account with Defendant(s) so that Plaintiff is now the owner of said account. 7. As a consequence of the foregoing there is presently due and owing to Plaintiff by Defendant(s) the following amounts: Unpaid Balance: Interest: TOTAL DUE: $13,573.76 $.00 13,573.76 8. 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 $13,573:76 together with interest and costs. / HAYT, HAYT & LANDAU By: ARTHUR LASHIN #23425 Attorney for Plaintiff TAKE CONTROL of your Auto Loan! Get Up to $40,000, Fixed Rates as !ow as 2.99% APR* 1 Auto Finance -1§ 'it 'See reverse for important disciosurw regarding this offer. Page 1 of 2 1300-955-7070 www.capitalone.com Feb. 06 - Mar. 05, 2011 28 Days in Billing Cycle MINIMUM PAYMENT WARNING: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: XXXX-XXXX-XXXX-1812 Payment Amount Each Period If No Approximate Time to Pay Off Estimated rMENT DUE DATE Additional Charges Are Made Statement Balance Total Cost Apr 02, 2011 Minimum Payment _ 29 YearsT $24,192 $409 3Years $14,728 S AMOUNT Your estimated savings if you pay off this balance in 3 years: $9,454 Cash Credit limit: $10,000.00 If you would like information about credit counseling services, call 1-888-326-8055. Available Credit for Cash: 56,979.04 LATE PAYMENT WARNING: If we do not receive your minimum payment by your due date, you may have to pay a late fee of up to $35.00 and your APRs may be increased up to the Penalty APR of 29.40%. Fees and Interest Charged S110.47 TRANSACTIONS PAYMENTS, CREDITS & ADJUSTMENTS FOR STEPHEN R MORSE #1812 1 27 FEB STRAPKING GUITAR STRAPS516-426-3496NY ($116.75) PAYMENTS, CREDITS & ADJUSTMENTS FOR STEPHEN R MORSE #5137 2 28 FEB CAPITAL ONE ONLINE PYMTAuthDate 28-FEB ($300.00) TRANSACTIONS FOR STEPHEN R MORSE #1812 TRANSACTIONS FOR STEPHEN R MORSE #5137 1 27 FEB STRAPKING GUITAR STRAPS516-426-3496NY $116.75 10, Total Transactions This Period $116.75 FEES INTEREST CHARGED INTEREST CHARGE: PURCHASES Transactions continue on page 2 $62.57 REWARDS INFORMATION PREVIOUS AVAILABLE REWARDS BALANCE 1,494 REWARDS EARNED THIS PERIOD 0 (reflects transactions posted during this billing cycle) AVAILABLE BALANCE AS OF 03/05,!2011 1,494 For up-to-date rewards tracking, visit www.capttalone.com C?NOHawle reward, or simply call 1.800-2283001 INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Annual Percentage Balance Subject to Interest Charge Rate (APR) Interest Rate Purchases 29.4096 D $2,774.29 $62.57 Cash 29.40% D $0.00 S0.00 SpecialTrans 5.99% $10,425.23 $47.90 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE. 1 4003448763371812 05 0000000300000240007 CRW W. Account Number: 4003-4487-6337-1812 Due Date New Balance Minimum Payment Amount Enclosed (\ Apr 02, 2011 ( $13,020.96 $240.00 PLEASE PAY AT LEAST THISAMOUNT STEPHEN R MORSE 27 GREENMONT DR ENOLA, PA 17025-2644 1-I I I I IIIIIIIII-II--IIIrllllr111rl1I-IIIIII IIIIIII - IIIIIIIII - I - I, GO GREEN. r, SAVE GREEN! •? Pay online and save money on stamps. I? Sign up at www.capitalone.com 400008 ) Capital One Bank (USA), N.A. P•0• Box 71083 Charlotte, NC 28272-1083 nlllllrlnrrnhlrlrllllulrlhl4rrllrkrlllrlirlllllldiNl Total Fees This Period $0.00 Total Fees This Year 535.00 Please make checks payable to Capital One Bank (USA), NA, and mail with this coupon in the enclosed envelope. CA? in your wallet) STEPHEN R MORSE 500008 It could happen to anyone. Make sure you pay the amount due on your statement as soon as possible. Keeping your credit in good standing can WHOOPS do a lot more than you think. GOOD CREDIT= GOOD CREDIT REFERENCES ' BETTER INTEREST RATES (good credit could mean lower interest rates) IMPROVED CHANCES TO GET APPROVED FOR LOANS (when you want to buy a home or new car) © 2009 Capital One. Capital One is a federally registered service mark. AU rights reserved. Page 1 of 2 1.800-955-7070 www.capitalone.com - Mar. 06-Apr. 05, 2011 31 Days in Billing Cycle MINIMUM PAYMENT WARNING: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: Visa Platinum XXXX-XXXX-XXXX-1811 Payment Amount Each Period If No Approximate Timeto Pay Off Estimated NEW BALANCE MINIMUM PAYMENT DUE DATE Additional Charges Are Made Statement Balance Total Cost $13,178.40 $529.00 May 02, 2011 Minimum Payment 29 Years T $24,500 If you would like information about credit counseling services, call 1.888-326-8055. ^.^r PAr AT teas- T. I? „MnI,Nr LATE PAYMENT WARNING: If we do not receive your minimum payment by your due date, Credit Limit: $20,000.00 Cash Credit Limit: S 10,000.00 You may have to pay a late fee of up to $35.00 and your APRs may be increased up to the Penalty APR of 29.40%. Available Credit: $6,821,60 Available Credit for Cash: $6,821.60 Previous Balance Payments and Credits Fees and Interest Charged Transactions New Balance S13,020.96 - $0.00 t 5157.4 4 .}. 50.00 I = $13,178.40 l o,O I I e ::a n, P.amenI1nI ,w plvrng the 1, ninIIT pa, lent I,?. the I da`.: ras ?Tr aa? nt n icnr. 5 Ak .are emu se 'd laI,w iri,l.m .1.1,- !1 Derr", a ]Tr ? , It ( TRANSACTIONS PAYMENTS, CREDITS & ADJUSTMENTS FOR STEPHEN R MORSE #1812 FEES 1 02 APR PAST DUE FEE 535,00 Total Fees This Period $35,00 Total Fees This Year $70.00 INTEREST CHARGED INTEREST CHARGE: PURCHASES $70.18 INTEREST CHARGE SPECIAL TRANS $52.26 Total Interest This Period $122.44 Total Interest This Year $481.23 Transactions continue on page 2 Help is Available. Just pick up the phone. Call 1-800-955-6600 and a specially trained agent will be happy to help you check your balance and make payments. INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Annual Percentage Balance Subject to Interest Charge Rate (APR) Interest Rate Purchases 29.10%D $2,810.44 570.18 Cash 29.40°F, D $0.00 $0.00 SpecialTrans 5.99% $10,273.98 55216 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE. Account Number: 4003-4487-6337-1812 Due Date New Balance Minimum Payment Amount Enclosed May 02, 2011 $13,178.40 $529.00 J PLEASE PAY Al teAST ? THIS ANIOUN I 1 4003448763371812 05 0000000300000529009 STEPHEN R MORSE 27 GREENM 01 DR ENOLA, PA 17025-2644 11111•rnll9•I?I?hllrlrlllnndlhr^•Ilrhlllrml••Illrl Take advantage. Take control. Manage your account online at www.capitalone.com Make payments Review account information Manage your account in privacy 400006 Capital One Bank (USA), N.A. P.O. Box 71083 Charlotte, NC 28272-1083 1111111•III^nhl•hrllllnl••Ilnhr•Ilrlrlll•4^11111 f __ _ Please make checks payable to Capital One Bank (USA), N.A. and mail with this coupon in the enclosed envelope. 500653 Get rewarded. There are many ways to redeem your miles-and it's easy. QlNOHassle rewards" capitalone.com/nohassle Page 1 of 1 1-800-9SS-7070 r ? www.capitalone.com Apr. 06 - May. 05, 2011 30 Days in Billing Cycle l MINIMUM PAYMENT WARNING: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: Visa Platinum XXXX-XXXX-XXXX-1812 Payment Amount Each Period If No Approximate Time to Pay off Estimated NEW BALANCE MINIMUM PAYMENT DUE DATE AddhionalCharges Are Made Statement Balance Total Cost $12,494.06 $240.00 Jun 02, 2011 Minimum Payment 30 Years _$23,403 -? $14,156 $393 3 Years PLEASE PAY AT LEAST THIS AMOUNT Your estimated savings if you pay off this balance in 3 years: $9,747 Credit limit: 520,000.00 Cash Credit Limit: 510,000.00 if you would like information about credit counseling services, call 1-888-326-8055. Available Credit: $7,505 94 Available Credit for Cash: $7,505,94 LATE PAYMENT WARNING: If we do not receive your minimum payment by your due date, you may have to pay a late fee of up to $35.00 and your APRs maybe increased up to the Penalty APR of 29.40%. Previous Balance Payments and Credits Fees and Interest Charged Transactions New Balance 513,178.40 - $800.00 t 5115,66 } SO.00 = 512,494.06 1 TRANSACTIONS PAYMENTS, CREDITS & ADJUSTMENTS FOR STEPHEN R MORSE #1812 1 18 APR CAPITAL ONE ONLINE PYMTAuthDate 18-APR ($800.00) FEES Total Fees This Period $0.00 Total Fees This Year S70,00 INTEREST CHARGED INTEREST CHARGE: PURCHASES $66.39 INTEREST CHARGESPECIAL TRANS $49.27 Total Interest This Period $115.66 Total Interest This Year i i $596.89 REWARDS INFORMATION ------------ - ---- PREVIOUS AVAILABLE REWARDS BALANCE 1,494 REWARDS EARNED THIS PERIOD 0 (reflects transactions posted during this billing cycle) AVAILABLE BALANCE AS OF 05/0512011 1,494 For up-to-date rewards tracking, visit www.capitalone.com (AloHassle rewards' or simply call 1-800.2283001 INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Annual Percentage Balance Subject to Interest Charge Rate (APR) Interest Rate Purchases 29.40%D $2,747.48 S66.39 Cash 29.40% D $0.00 50,00 Special Trans 5.99% $10,007.70 $49.27 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE. 1 4003448763371812 05 0000000800000240002 Account Number: 4003-4487-6337-1812 Due Date New Balance Minimum Payment Amount Enclosed Jun 02, 2011 I $12,494.06 $240.00 ` PLEASE PAY AT LEAST THIS AMOUNT STEPHEN R MORSE 27 GREENMONT DR ENOLA, PA 17025-2644 III PIIIIIIIII-'ll'llllIII" Illllllll''111'111111"'Ilh'Il'Il.. GO PAPERLESS! The trees will thank you. Sign up at www.capitalone.com 400010 • Travel • Gift card • Charitable donation • Merchandise • Check • Account credit Capital One Bank (USA), N.A. P.O. Box 71083 Charlotte, NC 28272-1083 Illllllrlll? nlll lrlllllllr,Ilulrrllrl 111 ll rllllllll lnl Evl-iTA?f A Please make checks payable to Capital One Bank (USA), N.A. and mail with this coupon in the enclosed envelope. 500008 C*WajM what's in your wallet? It could happen to anyone. Make sure you pay the amount STEPHEN R MORSE _ due on your statement as soon as possible. Keeping your credit in good standing can WHOOPS! do a lot more than you think. GOOD CREDIT= GOOD CREDIT REFERENCES BETTER INTEREST RATES (good credit could mean lower interest rates) IMPROVED CHANCES TO GET APPROVED FOR LOANS (when you want to buy a home or new car) 0 2009 Capital One. Capital One is a federally registered service mark. All rights reserved. Page 1 of 2 1.800-955.7070 WWW.capitalone.com May. 06-Jun. 05, 2011 31 Days in Billing Cycle Visa Platinum XXXX-XXXX-XXXX-1812 NEW BALANCE MINIMUM PAYMENT DUE DATE $12,646.81 $519.00 Jul 02, 2011 `.i PA'. AT lGA4 T-IS ;V&IIN Credit Limit: $20,000,00 Cash Credit Limit: 510,000.00 Available Credit: $7,353.19 Available Credit for Cash: 57,353.19 MINIMUM PAYMENT WARNING: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: Payment Amount Each Period If No Approximate Time to Pay Off Estimated Additional Charges Are Made Statement Balance Total Cost Minimum Payment 30 Years j 123,491 If you would like information about credit counseling services, call 1-888-326-8055. LATE PAYMENT WARNING: If we do not receive your minimum payment by your due date, you may have to pay a late fee of up to $35.00 and your APRs may be increased up to the Penalty APR of 79.40%. Previous Balance Payments and Credits Fees and Interest Charged Transactions New Balance 512,494.06 - 50.00 + 5152.75 i .} $0.00 = 512,646.81 ,. .. a .,, n'. Ren?enil I ?B DsyInG tit ?Iirli rn ?rn 1,3ymert by the 11 sus, 'xi nruIi the r ?Inr, eymOI' TRANSACTIONS ______? PAYMENTS, CREDITS & ADJUSTMENTS FOR STEPHEN R MORSE #1812 FEES 1 02 JUN PAST DUE FEE $35.00 Total Fees This Period 535.00 Total Fees This Year 5105.00 INTEREST CHARGED INTEREST CHARGE:PURCHASES $67.67 INTEREST CHARGE:SPECIAL TRANS $50.08 Total Interest This Period $11775 Total Interest This Year $714,64 Transactions continue on page 2 Help is Available. Just pick up the phone. Call 1-800-955-6600 and a specially trained agent will be happy to help you check your balance and make payments. INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Annual Percentage Balance Subject to Interest Charge Rate (APR) Interest Rate Purchases 29.40`1. D $2,709.80 $67.67 Cash 29,40% D $0.00 50.00 SpecialTrans 5.99% $9,845.46 $50.08 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE. 1 4003448763371812 05 0000000800000519006 Account Number: 4003-4487-6337-1812 Due Date New Balance Minimum Payment Amount Enclosed j Jul 02, 2011 l $12,646.81 $519.00 PLEASE PAY AT LEAST THISARIOUNI STEPHEN R MORSE 27 GREENM 0NT BR ENOLA, PA 17025-2644 ,Irrrrlrylrlrl'I'111'IIIIIIII'Il'I'll"'Illlrrllll'Il'Illlllllll Take advantage. Take control. Manage your account online at www.capitalone.cam Make payments Review account information AQ Manage your account in privacy 400006 Capital One Bank (USA), N.A. P.O. Box 71083 Charlotte, NC 28272-1083 nllllllll^uhl4rllllnlrrllnlr•II•Irllhllrrllhllll•Inl Evr-ilkt-C A Please make checks payable to Capital One Bank (USA), N.A. and mail with this coupon in the enclosed envelope. 7h.V.-I. your wallet? 500009 LET'S TALK - WE'RE HERE TO HELP. Sometimes unexpected expenses keep you from making your credit card payments. We understand. At Capital One® we're here to help you keep your credit on track. Give us a call. Here are 3 easy ways to make a payment: • Give one of our associates a call at 1.800.955.6600. • Mail us the amount due on your statement. • If you have Internet access, you can make a payment securely online by logging on to www.capitalone.com. 2009 Capital One. Capital One is a federally registered service mark. All rights reserved Page 1 of 2 1.800-955-7070 WWW.CdpRalOne.COm Jun. 06-Jul. OS, 2011 30 Days in RillingCycle MINIMUM PAYMENT WARNING: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: Visa Platinum XXXX-XXXX-XXXX-1812 Payment Amount Each Period If No Approximate Time to Pay Off Estimated NEW BALANCE MINIMUM PAYMENT DUE DATE Additional Charges Are Made Statement Balance total Cost _ - $12,798.49 $798.00 Aug 02, 2011 Minimum Payment 30 Years j $23,766 If you would like information about credit counseling services, call 1 888-326-8055. - Fns Al rrn,- T-K Ax1111M LATE PAYMENT WARNING: If we do not receive your minimum payment by your due date, Credit Limit: 520 000.00 Cash Credit Umh: 510,000.00 you may have to pay a late fee of up to $35.00 and your APRs may be increased up to the , Penalty APR of 29.40%. Available Credit: $7,201.51 Available Credit for Cash: 57,201, 51 Previous Balance Payments and Credits Fees and Interest Charged Transactions New Balance 1 512,646.81 - 50.00 } 5151.68 o 512,798.49 1 } 50.00 -ol c I ... ra,n r t s . ti-s Ir k. fyouhe ha ing •inana3l ?l Iti? r d card it if - ui ni r. ri' A, `ea r°o help. tr¢t Ao -ye;Ii rt,find oI ItIrr `TRANSACTIONS PAYMENTS, CREDITS & ADJUSTMENTS FOR STEPHEN R MORSE #1812 FEES 1 02 JUL PAST DUE FEE $35.00 Total Fees This Period $35.00 Total Fees This Year 5140.00 INTEREST CHARGED INTEREST CHARGE:PURCHASES $67.97 INTEREST CHARGESPECIAL TRANS $48.71 Total Interest This Period $116.68 Total Interest This Year $831.32 Transactions continue on page 2 Help is Available. Just pick up the phone. Call 1-800-955-6600 and a specially trained agent will be happy to help you check your balance and make payments. INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Annual Percentage Balance Subject to Interest Charge Rate (APR) Interest Rate Purchases 29.40% D 52,812.73 567.97 Cash 29.40% D $0.00 50.00 Special Trans 5.99% 59,894.87 548.71 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE. 1 4003448763371812 05 0000000800000798008 Account Number: 4003-4487-6337-1812 Due Date New Balance Minimum Payment Amount Enclosed ----- ----- ..__._._..._._.._.._---- --------------------? -- ?j Aug 02, 2011 $12,798.49 $798.00 ---- - - PLLASC PAY AT LLAST THIS AEAOUNT STEPHEN R MORSE 27 GREENN 01T DR ENOLA, PA 17025-2644 11111111111111'IlLlrnr1 Ill. rlllll'lllllll'I'Il'rLllllllll"I'II Take advantage. Take control. Manage your account online at www.capitalone.com Make payments Review account information AQ Manage your account in privacy 400006 Capital One Bank (USA), I P.O. Box 71083 Charlotte, NC 28272-1083 nlllll 111rru1ll lrllllulr Ilnhr llrlrlllr9 Illllldrlnl EVt4 111 T A Please make checks payable to Capital One Bank (USA), N.A. and mail with this coupon in the enclosed envelope. STEPHEN R MORSE .in your wallet? MAKE A PAYMENT. AND TAKE CONTROL 5010 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 free check by phone service or speak to an associate by calling 1.800.955.6600. 0 2009 Capital One. Capital One is a federally registered service mark. All rights reserved Page 1 of 1 1-800-955-7070 www ca italone com r Jul. 06 - Aug. 05, 2011 31 Days in Billing Cycle Ca?i?- . p . MINIMUM PAYMENT WARNING: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: Visa Platinum XXXX-XXXX-XXXX-1812 Payment Amount Each Period If No Approximate Timetc Pay Off Estimated NEW BALANCE MINIMUM PAYMENT DUE DATE Additional Changes Are Made Statement Balance Total Cost $12,921.83 $1,050.00 Sep 02, 2011 Minimum Payment 29 Years _F $23,802 If you would like information about credit counseling services, call 1-888-326-8055. r6r6T T-i<,uuno rli LATE PAYMENT WARNING: If we do not receive your minimum payment by your due date, Credit Limit: $20 000.00 Cash Credit Limit: $10,000.00 you may have to pay a late fee of up to $35.00 and your APRs may be increased up to the , Penalty APR of 29.40%. Available Credit: $7,078.17 Available Credit for Cash: 57,078.17 Previous Balance Payments and Credits Fees and Interest Charged Transactions New Balance j 512,798.49 - $0.00 + 5123.34 + $0.00 = 512,921.83 --- ---- -- ---1 r seer i h, II lle 's. but uu ran bnnG ouI zceaunr cu re i u, payinq the mc- sent- T. rr i :totem n, it If your hawing firth n al CACU.tic.c anc •?,.p f-Pl e r;drit to I'Elp G'NPY OnP UI UUra$sJdates d call A rr e!4 dut+ve'andolu IhPito%e69<_r.ut. TRANSACTIONS - PAYMENTS, CREDITS & ADJUSTMENTS FOR STEPHEN R MORSE #1812 FEES Total Fees This Period 50.00 Total Fees This Year $140.00 INTEREST CHARGED INTEREST CHARGE: PURCHASES $72.75 INTEREST CHARGE: SPECIAL TRANS $50.59 Total interest This Period $123.34 Total Interest This Year $954.66 I Help is Available. Just pick up the phone. Call 1-800-955-6600 and a specially trained agent will be happy to help you check your balance and make payments. I I INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Annual Percentage Balance Subject to Interest Charge Rate (APR) Interest Rate Purchases 29,407. D $2,913.42 $72.75 Cash 29.40% D $0.00 $0.00 Special Trans 5.99% $9,944.49 $5059 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE. 1 4003448763371812 05 0000000800001050009 CqW V_ Account Number: 4003-4487-6337-1812 Due Date New Balance Minimum Payment Amount Enclosed Sep 02, 2011 $12,921.83 $1,050.00 PLEASE PAY AT LEAST THISANI,,UNI STEPHEN R MORSE 27 GREENn 07T ,,DR ENOLA, PA 17025-2644 11+11-ll„.I°IllhlIIIII1lrrlrlillr,rlrr.llllrl6111111111? Take advantage. Take control. Manage your account online at www.capitalone.com Make payments Review account information AQ Manage your account in privacy 400006) Capital One Bank (USA), N.A. P.O Box 71083 Charlotte, NC 28272-1083 nlllhrlllu4lrlrllllnllllllrlllllhllrlllllldrlu?t'T???? ? A Please make checks payable to Capital One Bank (USA), N.A. and mail with this coupon in the enclosed envelope. STEPHEN R MORSE 500716 Important Notification about changes to your account terms The way we calculate your minimum payment is changing. For detailed information about this change, please refer to "Important Notification about changes to your account terms" enclosed with this statement. - Page 1 of 3 1.800-955-7070 r L Gaplta ?1 www.capitalone.com Aug. 06 - Sep. 05, 2011 31 Days in Billing Cycle -- ------ , MINIMUM PAYMENT WARNING: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: Visa Platinum XXXX-XXXX-XXXX-1812 Payment Amount Each Period If No Approximate Time to Pay Off Estimated NEW BALANCE MINIMUM PAYMENT DUE DATE Additional Charges Are Made Statement Balance Total Cost $13,082.38 $1,341.00 Oct 02, 2011 Minimum Payment 29 Years 123,900 If you would like information about credit counseling services, call 1 886-326-8055. ai _:?r Nnr a r FEASn4 LL< ?dnrn:ur LATE PAYMENT WARNING: If we do not receive your minimum payment by your due date, Credit Limit: $20 000,00 Cash Credit Limit: $10,000.00 you may have to pay a late fee of up to $35.00 and your APRs may be increased up to the , Penalty APP of 29.40%. Available Credit: $6,917.62 Available Credit for Cash: 56,917.62 Previous Balance Payments and Credits Fees and Interest Charged Transactions New Balance 512,921.83 - 50.00 + 5160.55 } SO 00 = 513,082.38 _._....-_.._......_.._.__._-' i:, Ir a it Ad brine vm i ?,,coi r..urent by p,iging ,n 11 r' a cur t t"te"ent_ r""d I n' C, so i f ['J a 301U L 'I ITRANSACTIONs PAYMENTS, CREDITS & ADJUSTMENTS FOR STEPHEN R MORSE #1812 FEES 1 02 SEP PAST DUE FEE Total Fees This Period Total Fees This Year INTEREST CHARGED INTEREST CHARGE: PURCHASES INTEREST CHARGE SPECIAL TRANS Total Interest This Period Total Interest This Year Transactions continue on page 2 $35.00 535.00 $175.00 $74.70 $50.85 $125.55 $1,080.21 Help is Available. Just pick up the phone. Call 1-800-955-6600 and a specially trained agent will be happy to help you check your balance and make payments. INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Annual Percentage Balance Subject to Interest Charge Rate (APR) Interest Rate Purchases 29.40%D $2,991.58 $74.7G Cash 0.00%D $0.00 50,00 Special Trans 5.99% $9,995 21 550.85 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE. 1 4003448763371812 05 0000000800001341008 Account Number: 4003-4487-6337-1812 Due Date New Balance Minimum Payment Amount Enclosed Oct 02, 2011 $13,08238 $1,341.00 PLEASE PAY AT LEAST THIS AMOUNT STEPHEN R NORSE 27 GREENN ONT DR ENOLA, PA 17025-2644 Illrlr,IILIIII'11111111111'I'1'I'Illll'Illll'Illllll'I^11'Ilrl Take advantage. Take control. Manage your account online at www.capitalone.com Make payments Review account information AQ Manage your account in privacy 400006 Capital One Bank (USA), N.A. P.O. Box 71083 Charlotte. NC 28272-1083 nllll1r111r.nhlrlrllllnlrrlhlh^11?1r11h11^IllllllhlNl r EY r4lk?- ' A Please make checks payable to Capital One Bank (USA), N.A. and mail with this coupon in the enclosed envelope. 500012 Ca in 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. (D 2009 Capital One. Capital One is a federaUy registered service mark. All rights reserved. Page 1 of 2 1.800-955-7070 www.capitalone.com Sep. 06 - Oct. 05, 2011 30 Days in Billing Cycle Cao -- MINIMUM PAYMENT WARNING: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: Visa Platinum XXXX-XXXX-XXXX-1812 Payment Amount Each Period If No Approximate Time to Pay Off Estimated NEW BALANCE MINIMUM PAYMENT DUE DATE Additional Charges Are Made StatememBalance Total Cost $13,241.75 $1,632.00 Nov 02, 2011 Minimum Payment -? 29 Years $24,105 If you would like information about credit counseling services, call 1 888-326-8055. Pr:.a. sF PA,, AT t[r„ _ TKI-,N10t,NT LATE PAYMENT WARNING: If we do not receive your minimum payment by your due date, Credit Limit: 520,000.00 Cash Credit Limit: S 10,000.00 you may have to pay a late fee of up to $35.00 and your APRs may be increased up to the Penalty APR of 29.40%, Available Credit: $6,758.25 Available Credit for Cash: 56,75815 Previous Balance Payments and Credits Fees and Interest Charged Transactions New Balance L 50.00 I = 513,241-75 /__--$13.082.38 - $0.00 t 515937 + r„ ? b [,a1, I' :c,, nOnu Lc, nn aap"enl5 U n .u? i[ is :+r risk V -rl?h-3 cs.Yt let ha na0p°n !f ,n 1is t ,.inq F , ?elmec, ?aC r.r n . or ... n to ,PsOk" th >ner. ( TRANSACTIONS = PAYMENTS, CREDITS & ADJUSTMENTS FOR STEPHEN R MORSE #1812 FEES 1 03 OCT PAST DUE FEE S35.00 Total Fees This Period $35.00 Total Fees This Year $210.00 INTEREST CHARGED INTEREST CHARGE:PURCHASES $74.92 INTEREST CHARGE: SPECIAL TRANS $49.45 Total Interest This Period $124.37 Total Interest This Year $1,204.58 Transactions continue on page 2 Help is Available. Just pick up the phone. Call 1-800-955-6600 and a specially trained agent will be happy to help you check your balance and make payments. INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Annual Percentage Balance Subject to Interest Charge Rate (APR) Interest Rate Purchases 29.40%D $3,100.34 $74,92 Cash 29.40% D $0.00 50,00 SpecialTrans 5.99% $10,045.37 $49.45 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE. -7 Cq~ V_ Account Number: 4003-4487-6337-1812 Due Date New Balance Minimum Payment Amount Enclosed Nov 02, 2011 $13,241.75 51,632.00 PLEASE PAY AT L[AST THiSANIM-NI 1 4003448763371812 05 0000000800001632006 STEPHEN R MORSE 27 GREENMONT DR ENOLA, PA 17025-2644 1...'-Il -I-' --III III Take advantage. Take control. Manage your account online at www.capitalone.com Make payments Review account information AQ Manage your account in privacy 400006 Capital One Bank (USA), N.A. P.O. Box 71083 Charlotte, NC 28272-1083 nlllllrlll^uhlrh•Illllllrrllnlr•II•I•Ilhll•rllhlhl•hll EyT? j?p ?' A Please make checks payable to Capital One Bank (USA), N.A. and mail with this coupon in the enclosed envelope, STEPHEN R MORSE Capita - what's in your wallet? 500013 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. IIIIIIlIl Make sure you call or pay the amount due on your statement by the due date to eliminate the risk of being charged off. 0 2009 Capital One. Capital One it a federally registered smiee mark. All rights reserved Page 1 of 2 1.800-955-7070 www.capitalone.com Visa Platinum XXXX-XXXX-XXXX-1812 NEW BALANCE MINIMUM PAYMENT DUE DATE $13,408.36 $1,932.00 Dec 02, 2011 tiF Ft, ATI -A:T T ! IS„ N1 i,I, NT Credit Limit: 520,000.00 Cash Credit Limit: 510,000.00 Available Credit: 86,591.64 Available Credit for Cash: 56,591.64 Oct. O6 - Nov. 05, 2011 31 Days in Billing Cycle MINIMUM PAYMENT WARNING: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: Payment Amount Each Period If No Approximate Time to Pay Off Estimated Additional Charges Are Made statement Balance Total Cost Minimum Payment r 29 Years 124,228 If you would like information about credit counseling services, call 1.888326-8055. LATE PAYMENT WARNING: If we do not receive your minimum payment by your due date, you may have to pay a late fee of up to $35.00 and your APRs may be increased up to the Penalty APR of 29.40%. Previous Balance Payments and Credits Fees and Interest Charged Transactions New Balance 513,241.75 - $0.00 l + l 5166.61 + $0.00 = ( S13,408.36 rr i I I,?;i n t ,e cL a y aft our r? it du I late n -issed om, P ' nu In ac ue 4,t nr In pro , hi, frcn i hT,i ,, -. t? I nni p3 inert al^o,.?n TI c rr ?.; tament o. give ca r I I re n? I e p control , r II _ r, Caoltal One TRANSACTIONS J ( PAYMENTS, CREDITS & ADJUSTMENTS FOR STEPHEN R MORSE #1812 FEES 1 01 NOV PAST DUE FEE $35.00 Total Fees This Period $35.00 Total Fees This Year $245.00 INTEREST CHARGED INTEREST CHARGE PURCHASES $80.25 INTEREST CHARGE SPECIAL TRANS $51.36 Total Interest This Period 5131.61 Total Interest This Year $1,336.19 Transactions continue on page 2 Help is Available. Just pick up the phone. Call 1-800-955-6600 and a specially trained agent will be happy to help you check your balance and make payments. INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Annual Percentage Balance Subject to Interest Charge Rate (APR) Interest Rate Purchases 29.40%D $3,213.87 580.25 Cash 29.40% D $0.00 50.00 SIP ialTrans 5.99% $10,095.75 551.36 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE. 1 4003448763371812 05 0000000800001932003 Account Number: 4003-4487-6337-1812 Due Date New Balance Minimum Payment Amount Enclosed Dec 02, 2011 $13,408.36 $1,932.00 PLEASE PAY AT LEAST THIS Ar/0UNI STEPHEN R MORSE 27 GREENM 0NT DR ENOLA, PA 17025-2644 nhdIIIIIPIIIhlnrl•IllHlllhthrlrl•Illr•'IIIIPIII'Ilrlr Take advantage. Take control. Manage your account online at www.capitalone.com Make payments Review account information Manage your account in privacy 400006 Capital One Bank (USA), N.A. P.O. Box 71083 Charlotte, NC 26272-1063 IIIIIII'111"IIIII•II'Illllllrrllllll"II'I'lII'Il"IIIIIIII'Illl PVT Please make checks payable to Capital One Bank (USA), N.A. and mail with this coupon in the enclosed envelope. STEPHEN R MORSE 4M 5007811 You have new payment opportunities available. See the next page for more information. Page 1 of 2 Customer Service 1-800.258-9319 Nov. 06 - Dec. 05, 2011 30 Days in Billing Cyyck- - - www.capitalone.com/solutions IMPORTANT ACCOUNT UPDATES Visa Platinum 4003-4487-6337-1812 Your full balance is due. Any payment you make will reduce your balance and help pay off NEW BALANCE PAYMENT DUE DUE DATE your debt faster. The amount you owe may differ it you've entered into a separate payment agreement. $13,573.76 $13,573.76 PAST DUE Available Credit: $0,00 Previous Balance Payments and Credits Fees and Interest Charged Transactions New Balance 513,408.36 - $0.00 + 5165.40 + $0.00 l = 513,573J6 rTRANSACTIONS PAYMENTS, CREDITS & ADJUSTMENTS FOR STEPHEN R MORSE #1812 FEES 1 02 DEC PAST DUE FEE $35.00 Total Fees This Period 535.00 INTEREST CHARGED INTEREST CHARGE: PURCHASES $80.45 INTEREST CHARGE:SPECIAL TRANS $49.95 Total Interest This Period $130.40 TOTALS YEAR TO DATE Total Fees This Year $280.00 Total Interest This Year $1,466.59 Help is Available. Just pick up the phone. Call 1-800.258-9319 and a specially trained agent will be happy to help you check your balance and make payments. INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Annual Percentage Balance Subject to Interest Charge Rate (APR) Interest Rate Purchases 29.40%D $3,329.33 580.45 Cash Advances 29.40% D $0.00 $0.00 SpecialTrans 5.99% $10,146.42 549.95 P,L,D,F -- Variable Rate. See reverse of page I for details PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO VVWW.CAPITALONE.COIWSOLUTIONS TO MAKE YOUR PAYMENT ONLINE, 1 4003448763371812 05 0000000800000000002 Account Number: 4003-4487-6337-1812 Due Date New Balance Amount Enclosed ------ Past Due $13,573.76 STEPHEN R MORSE 27 GREENMONT DR ENOLA, PA 17025-2644 10-111111.1i11 ,,,I-Illll„1111111,,.IIIIIIIII,1'III-IIIll,ll„ Manage your account online. AQ Visit www.capitalone.com/solutions to manage your account online. Have information at your fingertips 2417 without picking up the phone. aaoooa Capital One Bank (USA), N.A. P.O- Box 71083 Charlotte, NC 28272-1083 IIll IIIIII -i1hlIrhlllllrrllnh ll l 111 llllldld lNl Please make checks payable to Capital One Bank (USA), N.A. and mail with this coupon in the enclosed envelope. O N In O C1 cr O m ?+ >t O O O O a o 0 0 0 o w co o a x o o m .. t!} N to co zi U OD -W Q O O O In IT V' N H z vT V? v? M .-i w 4/1- I [-I H t/T t N m z U) N > o a W H H \ H O E a N E •• z U) 0 Fl H W \ r.? O O A L7 0 0 0 o ? 0 0 o cn a o 0 0 0 3 x a A O a O H W a w P 0 0 0 cn H H u >t E A O a o 0 m p V) U) E. W E 4 I u w a m m H cn E. E U E 9 0 E Q W Q W .-1 A E H H r.? E I w fx a m m M w R1 a0 U] C) Q I I w 0 r .C a N N 0 o m a w w (7 I x I w ? x ° 0 0 O 1 U a Q Q a W cn W o O a U o 0 o m p ? ID w a x o •• In w w w w U E+ Q U M W U U o O O O O W o 0 0 ID N 00 o U) W U1 lfl H o o H E E E E N o 0 o m o 0 z x vi In H U o w \ o w o 0 ?o 0 o O o o ko 0 44 m U L(1 0 O O U] m co H H Cl) I U) 0 o In M o m M rC W o O o o z H z \ w M H N M O W E N •• .-I yr dI yr PG •• R? 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Q o O N N U1 a W w w H A I o V) CO M [! ] O C n z C n z H o z 3 z 104 w r-C O O H O H O m ° E E E n i a a O 9 Q 4 U Q 1 04 a w w r- Q H a m a 4 tx r- Q °v A N w `? •• r.? W a Q >a o z FG z z O W E-1 U] Q W I a m O vI u a a a o w tai w w o U W H X E W U7 U E z w a p U x E x x Ln H z U ?i ° a w ° E 0 RC H z w " o Q a Ln m w z w H w w a z :3: am (n 3k q rrr o (n A, H z W O H 'y W Q q q Pi Cn U UI Q w H w w H I m I 4 R' m E H H I W fx a I z •• x I H w x w Pi ,,yy r H 'J z O U 3 a' W U) U] •• W Pi •• m W •• a El > A >+ W x U H a 0 a O g Q w u w Q W U u w W Q H [0 co H W o U z z UJ z a u u4 Pa, z U 134 a H M 00 3 cHi) N r, Z w w p 9 04 mm 04 w u o 0 a z z °z z ° CAPITAL ONE BANK (USA), N.A., Plaintff, vV. STEPHEN R MORSE 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 I am an authorized agent of CAPITAL ONE BANK (USA), N.A., Plaintiff herein, that I am duly- authorized to make this Verification, and that the facts set forth in the attached Affidavit are true and correct to the best of my knowledge, information and belief and is based upon information which Plaintiff has furnished to counsel. I understand the attached Affidavit will be incorporated by reference into the Complaint in Civil Action filed in this matter. The language in the Complaint is that of counsel and not of Plaintiff. To the extent that the contents of the Complaint are that of counsel and are relevant to this Verification, Plaintiff has relied upon counsel in making this Verification. Dated: S N00000040385295 208778753 A088 HAYT, HAYT & LANDAU Diane Trittipoe Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY '~_ ~H~ a~~~~~a ,4~'~W'tr ui£aiu " ~~t- 2~~ auc z~ AM 10~ 14 e~~~TY Capital One Bank (USA) Case Number vs. 2012-4856 Stephen R. Morse __ SHERIFF'S RETURN OF SERVICE 08/16/2012 04:57 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on August 1 2012 at 1657 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Stephen R. Morse, by making known unto Amy Morse, Daughter of Stephen R. Mors at 27 Greenmont Drive, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $43.00 August 17, 2012 DEN S FRY, DE U SO ANSWERS, ~ ~~~~~- i RON R ANDERSON, SHERIFF ,~, vS.u+t; gne i CAPITAL ONE BANK (USA), N.A. Plaintiff v. STEPHEN R. MORSE Defendant COURT OF COMMON PLEAS '' :CUMBERLAND COUNTY, PENNSYLVANIA No: 12-4856 Civil Term ', Civil Action -Law . ~, NOTICE TO PLEAD To: Capital One Bank (USA), N.A. c/o Arthur Lashin, Esquire Law Offices of Hayt, Hayt & Landau, LLC 123 S. Broad Street, Suite 1660 Philadelphia, PA 19109-1003 ~-~ ~' c~ =' -~ ~ ~.-.-: " ~ ~= ~ -~,~ ~~''`~ o -<~ co -o ~-~ cam x~n ~ ~"''` C p ~ ..-a y" %~" .~ -c You are hereby notified to plead to the enclosed Preliminary Objections within twenty (20) days from the date of service hereof or a default judgment may be entered against you. Date: 0~1 Respectfully Submitted, Michael J. Py~COSh, Esquire I . D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant _- 1 Michael J. Pykosh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 AL ONE BANK (USA), N.A. Plaintiff v. STEPHEN R. MORSE Defendant for COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV No: 12-4856 Civil Term Civil Action -Law DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Stephen R. Morse, by and through his Dethlefs-Pykosh Law Group, LLC, by Michael J. Pykosh, Esquire, who files his Preliminary Objections to the Plaintiffs Complaint, and avers as follows: 1. Plaintiff filed suit against Defendant alleging that Defendant owes money to Plaintiff arising out of an account issued by Capital One Bank (USA), N.A. of which Plaintiff Claims to be the Original Creditor. Comp. ¶ 3. 2. The Complaint was filed on August 3, 2012. First Preiiiminary Objection- Pa. R.C.P. No. 1028(a)(4)- Demurrer 3. The Plaintiff has failed to allege facts sufficient to maintain a cause of action for Breach of Contract and Account Stated. Second Preliminary Objection- Pa. R.C.P. No. 1028(a)(3j 4. The Complaint contains only a general assertion of the amount the Plaintiff claims is owed by the Defendant. It provided no detail as to the date(s) on which the debts were incurred, the amounts incurred on each date, the dates or amounts of payments, nor dates of accrual and amounts of interest charges and other fees. __ ,. 5. Pa. R.C.P. No. 1019 and Pa. R.C.P. 1028(a)(3) require that the above detail included in a Complaint of this type. 6. By not including the requisite detail of the account, the Complaint fails to confo to an express rule of Court. Third Preliminary Objection- Pa. R.C.P. 1028(a)(2)- Failure to conform to rule court (failure to state whether agreements is oral or written, state its terms, and/or attach written contract upon which the claim is based) 7. The Complaint avers the existence of some type of contract pertaining to a card between the parties. 8. Pursuant to Pa. R.C.P. 1019(h), where a claim asserted is based upon an agreement, the pleading must state whether the agreement is oral or written. 9. The Complaint does not indicate whether the agreement is oral or written. 10. Pursuant to Pa. R.C.P. 1019(1), if the agreement is written, it must be attached the pleading or, if not, the pleader must explain its absence and set forth the su of the agreement. More specifically, Plaintiff has failed to attach the original Loan/C Agreement signed and dated, including both original and amended terms and conditio applicable to the credit card agreement. Asset Acceptance, LLC v Margaret Madden dated March 18, 2009, No. 2912 of 2008 GD (Fayette County 2009) citing AtVantic Credit & Finance, Inc. v Guiliana, 829 A.2d 340 (Pa. Super. 2003). Plaintiff has also failed to attach "other periodic mailings detailing changes to the terms of the contract Remit Corporation v Miller, 5 Pa. D&C 5th 43, 45 (Centre Cty., 2008) 11. The Plaintiff has failed to describe the terms of the agreement, nor has it attached a copy of a written agreement or explained its absence. WHEREFORE, the Defendant respectfully requests that her Preliminary Objections be sustained, and that Plaintiffs Complaint be dismissed with prejudice. Date:_~~ /Z Res ectfully Sub ~ ed, ichael J. P c sh, Esquire I.D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717)975-9446 Attorney for Defendant CAPITAL ONE BANK (USA), N.A. Plaintiff v. STEPHEN R. MORSE Defendant COURT OF COM~N PLEAS CUMBERLAND COUNTY, PENNSYLV No: 12-4856 Civil Term Civil Action -Law CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendant's Preli Objections to Plaintiffs Complaint, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepai addressed as follows: Capital One Bank (USA), N.A. c/o Arthur Lashin, Esquire Law Offices of Hayt, Hayt & Landau, LLC 123 S. Broad Street, Suite 1660 Philadelphia, PA 19109-1003 Respectfully Submitted Date: ~s) as l j Z Michael J. Pyk~sh~Esquire I.D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 ~, Attorney for Defendant