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Home My WebLink About13-0284~~ T~~ ~~ ~T~~~~T1~`~ ~~ 13 Ji~N 17 ~~ 11 ~ 44 Ct1M~r~L;~ND C~EltdTY ~'~h'NSYLVANI~ 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 N0. 469805 Attorney for Plaintiff CUMBERLAND COUNTY CAPITAL ONE BANK (USA), N.A. 4851 COX ROAD GLEN ALLEN, VA 23060 vs. VICKI L WILLIAMS 122 HOLLY DR MECHANICSBURG PA 17055 COURT OF COMMON PLEAS CIVIL DIVISION TERM. No. J3-a$4 (.evil CIVIL ACTION "NOTICE "You have been sued in oourt, it you wish to defend against the alsirrrs sst forth in the foflowing pages, You must talon aotbn within twenty (2(ii days after this oomplaiM aid notice are served, by erdsrkp . wrkten appearenoe personalty or by attorney and flung b wrfting wflh tM court yar dsternes or ob)eatbns to the dolma set fortfi sgairrst you. You are warned that if you taA to do so the one may proossd wNhhor~t you and a Judgment may be en- tered agairat You by d» oouR wktwut further notice for any mon- ey dairrrad in tM oompiaint or for any other Balm or reflef roquest- ed by tM plairrtlff. You may bee money or property or other rights kriportsnt to you. ff YOU CANNOT AFFORD TO HIRE A I.AWYER,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 2 LIBERTY AVENUE CARLISLE PA, 17013 717-249-3166 "AVISO "Le hen dsnwrxiado a usted en b come. SI usted quisro defsnderse ds esters derrwrxlas expus~s en las p6ginas sigubMes, ustsd time vekte (20) dies, de piano at patk ds la feoha de b derrranda y h notifkaoibn. linos felts asaltar una oonparenda secrita o err pereona o oon un abo~do y erNrepar a la oorte en forma escrKa sus defer»as o sus obJscbnss a las demarx~s en oorrlra de su persons. Sea avisado que ai usMd rw w defkrrde, la come torrrari msrtidas y goads oondrxiar ~ dsnwida sn oorrsra soya sin prevb avbo o notlfloaddn. Ademis, Is oorte pusde deddk a favor dM demandants y roquiere qw used ~ oon lodes las provisiorns ds seta derrwnda. Ushd puede parder dlnero o sus propkdadss u otros dersctws kriportantes pare usted. `LLEVE ESTA DEMANDA A UN ABOC,IIDO IMMEDYITAAAENTE. SI NO TIENE ABOOA00 O SI NO TIENE EL DINERO SUFIGENTE DE PAGAR TAL 3ERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICtNA CUYA DIRECCIbN SE ENCUENTRA ESCRITA A8A10 PARA AVERIGUAR DONDE SE PUEDE CONSEGUIF~ ASISTENCIA LEGAL. i- ~ Ib~. ~S i ~~~gsy a~ to 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) VICKI L WILLIAMS is/are individual(s) residing at 122 HOLLY DR, MECHANICSBURG, PA 17055. 3. Upon application by Defendant(s) a Credit/Revolving Charge Account was established for Defendant{s) and assigned account number ************7384; a copy of the account Agreement is attached hereto, made part hereof, and marked Plaintiff's Exhibit "A". 4. Defendant(s) subsequently utilized the aforesaid account to make various purchases and/or receive cash advances, thereby incurring payment obligations to Plaintiff 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. 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 $16, 953.45 $.00 1 ,93.45 7. Despite repeated demand by Plaintiff, Defendant(s) has/have failed and refused to pay the aforesaid sum. WHEREFORE, Plaintiff demands that judgment Defendant(s) in favor of Plaintiff in the together with interest and costs. HAYT, By: be entered against amount of $16,953.45 Attorney for Plaintiff 1 CYCLE # 13 CAPITAL ONE CYCLE FACSIMILE REPORT 05/14/2012 - 06/13/2012 PAGE 4005 ACCT-ID: 01613792147 CARD# 4305722076867384 STMT-TYPE: ENGLISH REWARDS: Y TPC: VP HOLD: 000 SAC-PGM: PREV-BALANCE: $16,663.20 PYMTS&CREDITS $0.00 INTR CHRGS : $290.25 TRANSACTIONS: $0.00 NEW-BALANCE $16,953.45 MINIMUM PYMT $3,437.00 LATE FEE $35.00 DUE-DATE 07/10/2012 CREDIT-LIMIT: 15000 CREDIT-AVAIL 0.00 CASH-LIMIT 3000 CASH-AVAIL 0.00 RPAY-TOTMTHS: 329 RPAY-TOTCOST $36,963.87 36MA-MTHPAY: $612.06 36MA-TOTCOST: $22,034.08 INTEREST-CTD: $255.25 INTEREST-YTD $1,444.57 FEE-AMT-CTD: $35.00 FEE-AMT-YTD $210.00 HIGH-LATEFEE: $35.00 HIGH-PNLTY-APR: 29.408 OVERALL-APR: 0.000 CLOSE-DATE CHRGOFF-DATE: OOB: N MISS-ADDR: N BK-HOLD: N BANKRUPTCY: N LEGAL: N CTC-CHG-IND: NEW: N EBPP: N ARCH: N REASON: 00 HARDCOPY: 04 ACTIVE WATCH: WO CRED-RVK: PD CUR-PD: 07 CTC IND: INS: RETURN-MAIL: CLOSE: CHARGED-OFF: XFER: FRAUD: OL: 02 MULTI-IND: S PROV-ID: 000001 US PROF-CNTR: 0000000001 COB SERVICE-OWNER: 000023 Superprime OL-OPTIN-IND: TBAL C/I BALANCE AMOUNT RATE CORR APR INTEREST CHRGS VICKI L WILLIAMS Purchases 0001 O1 16,789.76 00.0490400 0017.900000000 255.25 122 HOLLY DR Cash Advances 0002 O1 0.00 00.0682200 0024.900000000 0.00 MECHANICSBURG PA 17055552722 US ACCOUNT BRAND DATA - ODS & SIMS BRND VNR PLOY ID: 00000000000 OUST SERV CONT PLOY ID: 00000000000 CPN CAL ID 0101 RWDS DISPLAY IND: Y BRND NAME BRND LOGO ID: 001 BRND DISPLAY IND: Y NH AL LWD IND Y CPN CODE NSC310 MINI CPN CODE: NSMC07 REMIT CPN CODE NSRC06 ODS RWDS URL ODS RWDS PHN GEN SERV URL www.capitalone.com/solutions GEN SERV PHN 1-800-258-9319 REWARDS COUPON CODES MILES CPN CODE NSC320 CASH CPN CODE: NSC340 POINTS CPN CODE NSC330 TRANSACTION DATA SUMMARY NAME: VICKI L WILLIAMS CUST TYPE: 0 PRINT AREA: 001 NUM OF CREDITS: 00000 AMT OF CREDITS: $0.00 NUM OF PYMTS 00000 AMT OF PYMTS $0.00 NO CREDIT TRANSACTIONS FOR THIS CYCLE NAME: VICKI L WILLIAMS OUST TYPE: 0 PRINT AREA: 020 NUM OF DEBITS 00000 AMT OF DEBITS $0.00 NO DEBIT TRANSACTIONS FOR THIS CYCLE NAME: VICKI L WILLIAMS OUST TYPE: 0 PRINT AREA: 070 NUM OF DEBITS 00001 AMT OF DEBITS $35.00 a Department of Defense Manpower Data Center ~t8tt152 RCpCgY I'ursatant to Seavseemernhers Civil Iteile~Act Last Name: WILLIAMS First Name: VICKI L Middle Name: Active Duty Status As Of: Dec-22-2012 Reeulr as of Dec-22-2011 De 3]:0a SCM 23 on Ama. DM' On AcMa Duty srwe ow Ac4ve lAAy sun Dee ]~,., pM,~pw s~ s.~vir. comomw '~ ~ ~ NA ~eapmne.esecr ale intliwauals acYre aWy statue baaetl on IM Mive Duty status pate I..n ArEVe atr wa,., x] oew aAmv.pry sm,. Drs Adive DwY Srrt Dee AcBw DUy Ere Der swr senior co~r~rra NA NA Ne ~ neponee reflens wrymepr inaiaiewl bll alive dxyerre rrignn 3a] tlays precetleg aye Ac4ve DWY statue Dale The \IUnM m tfienlm IhN Wee Ilealea W a Furua Caliilpr ACVq DulYan Active OM' BrNU Wte Ortlm Ndificepon 3rn Dee Qaer Netlaceam EM DaY 81dw Sarvrce Campenern NA ~ ~ rveronae l.nem wnerer ma iro+.;4va m>r.me, vex nee ~eee,Yea ew7n+asusoe r ~eeor rram.e dry Upon searching the data banks of the Department d Defense Manpower Data Cenler, based on the intormation Thal you provided, the above is the staNS of the individual on the adive tluty status date es to aN brencnas d the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, antl Coast Guard). This status inclutles information on a Servipmember or his/her unit receivirg notifiption of future orders to report for Active Duly. ~~~ ~~ ~~ Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 4800 Mark Cenler Dme, Suite 04E25 Arington, VA 22350 The Defense Manpower Data Cenler (DMOC) is an organization of the Deparment of Defense (DOD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the oRdal source d data on eligibility for military medipl care and other eligibility systems. The DoD strongly suppors the enforcement d the Servipmembere CivB Relief Acl (50 USC App. §501 et seq, as amended) (SCRA) (fortnery known as the Sokfiers' and Saibre' CivN Relief Act of 1940) DMDC has issued huntlreds o/thousands M'doas rrot possess any information indicating mat the individual is wrrenlly on adive duty" responses, arW has ezpenenced only a small eror rate. In the avert the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on adive tluly for the active duty status tlate, or is omerwise entitled ID the protections of the SCRA, you are strongly encouraged to obtain former venfiptbn of me person's status by conladirg Ihat person's Servip via the "tlefensetinkmil" URL~. htlp://www.defenselink.mil/taq/pis/PC095LDR.hlml. If you have evidence the person was on adive duty For the active duy status date antl you tail to obtain This adtlilional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App § 521(c). This response refleds the fofiowing information: (1) The indivitlual's Adive Duty sletus on the Adive Dury Status Date (2) Whemer the individual left Adive Duly status within 367 days preceding the Adive Duty Status Date (3) Whether the iMividual or his/her unit received eery Mt~ptiDn to report for active duty on the Active Duty Status Data. More information on "Active Duty Status" Adive duty status as reported in mis prtfipte is defined in accordance with 10 USC § 101(d) (1). Prior l0 2010 only soma of Me adive duty perods less than 30 consecutive days in length were avaBade. In the case of a member d the National Guard, this intludes service under a call to adive service authorized by me President ar the Secretary Of Defense under 32 USC § 502(f) for purposes d responding la a national emergency tledered by the President and supported by Fetlerel funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobili~tion position in the unit may suppor. This indudes Navy Treinirq antl Administration of the Reserves (TARs), Manna Corps Adive Reserve (ARs) and Coast Guard Reserve Progrem Administrator (RPAs). Adive Duty sletus also applies to a Uniformatl Service member who is an adive duly commissionetl officer of the U.S. Pudic Heelth Service or the National Opanic and Atmospheric Adminislretbn (NOAH Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some pees antl indudes some categories of persons on adive duly for purposes of the SCRA who would not be reportetl as on Adive Duty under this prtifiple. SCRA protecions are for Tills 10 antl Title 14 adive duty records for all the Uniformed Servips periods. TiBe 32 periods d Active Duty are not covered by SCRA, es defined in accordanp with 10 USC § 101(dx1). Many limes orclere are amended to extentl the period M adive duly, which would extend SCRA proledions. Persons seeking b rely on This website prfiplbn should check b make sure the orders on which SCRA prated"ens era based nave rid been smarted to extend the indusNe dales of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for aDlive duy a to be induded, but who have not adually begun active dNy or adualty reporetl for intluctwn. The Las[ Date con Active Duty entry is important bepuse a number of protectors of the SCRA extend beyond the last dates of active duty. Those who court rely on this prtifiple are urged to seek qualified legal counsel b ensure that all rights guaranteed to Servip members under the SCRA are proteded WARNING: This certiflpte was provided based on a last name. SSN/dale of birth, and adive duty status date provided by the requester. Providing erroneous iMOrmalbn will pose an eroneous prt~ple to ba provided. Certificate ID: Q7TDPFJ645 CAPITAL ONE BANK (USA), N.A., Plaintiff, v. VICKI L WILLIAMS Defendant(s). AFFIDAVIT PERSONALLY APPEARED before the undersigned officer, duly authorized to administer oaths, Lola Buafo. who states under oath as follows: I am over I8 years old and competent to testify to the matters set forth herein. I am an authorized agent of Plaintiff CAPITAL ONE BANK (USA), N.A. ("Capital One") for purposes of this affidavit. I am authorized by Capital One to testify to the matters set forth herein. As a result of the scope of my job responsibilities, Ihave personal knowledge of the manner and method by which Capital One creates and maintains certain business books and records, including computer records of defaulted accounts. 2. The Capital One books and records are made in the course of Capital One's regularly conducted business activity and it is a regular practice of Capital One to make these books and records. Each of the Capital One books and records reviewed are made: (1) at or near the time the events they purport to describe occurred, by a person with knowledge of the acts and events; or, (2) by a computer or other similar digital means, which contemporaneously records an event as it occurs. According to the books and records of Capital One, a Capital One account was opened in Defendant's(s') name for the purpose of obtaining an extension of credit. Subsequently, this account was used to acquire goods, services or cash advances in accordance with the Customer Agreement governing use of that account. Defendant(s) have failed to make the required periodic payments on the account. The books and records of Capital One show that Defendant(s) is/are currently indebted to Capital One on account number 4305722076867384 for the just and true sum of $16953.45 as of 12/20/2012, and that all offsets, payments, and credits have been allowed. This balance is comprised of Defendant's(s') outstanding debt on the date the account charged off (including any pre-charge-off transactions, interest, and/or fees) less any offsets, payments, or credits applied to the account after the charge-off date. The Customer Agreement entered into between the parties also authorizes Capital One to recover from Defendant(s) reasonable attorneys' fees and costs to the extent permitted bylaw. Post judgment interest will accrue on Defendant's(s') indebtedness at the rate authorized by law and as set forth in the judgment order. I declare under the penalty of perjury that the foregoing is true and correct and if called as a witness I would competently testify, under oath, thereto. Given under my hand on: Dated: ~°Z - oZ o,- -~~-- ~CA4 v Lola Buafo County of Chesterfield, to wit: Commonwealth of Virginia SUBSCRIBED and sworn to before me, the undersigned Notary Public in and for the jurisdiction aforesaid, by Lola Buafo, who is personally known to me and who acknowledged before me his/her signature to the foregoing Affidavit. GIVEN under my hand and seal this o'e'--day of ~.. , 20 ~y NO000OO41268276 792924383 A088 HAYT, HAYT & LANDAU Notary Public .• ~R1E B, 9 ~, •• ...•.. ,Q ~i •.••JP~.'••'•NOTARY• :~~ ~': ;' PUBLIC '~.t. Z REG # 7239688: c~ MY COMMISSION :~ ; EXPIRES ~ Q~ .,~ •.• 12/31/2013; '~?••. •.~~q .... 0~~~4~••. ''~~•i~.i~i ~.•N• 2 I CAPITAL ONE BANK (USA), N.A., Plaintiff, v. VICKI L WILLIAMS 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: / ~ ~ ~ ~' ~ ~-- N00000041268276 792924383 A088 HAYT, HAYT & LANDAU Ci~ ~ Lola Buafo 1V VVVVVV41Lb2SL/b