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HomeMy WebLinkAbout13-5687 Supreme Coq fidtP Cour,t_of Comm For Prothonotary Use Only: Civil C;oxer � .. ' � Docket No: cutIBtyaL,D f Coun t The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: El . Complaint 0 Writ of Summons Petition Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T CAPITAL ONE BANK (USA) N.A. BARBARA A WALKER Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? El Yes ❑ No (check one) E] outside arbitration limits O N Is this a Class Action Suit? F71 Yes M No Is this an MDJAppeal? 0 Yes U No A Name of Plaintiff /Appellant's Attorney: ARTHUR LASHIN ESQ #23425 0 Check here if you have no attorney (are a Self- Represented JPro Sep Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional El Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection: Credit Card C_i Board of Assessment 0 Motor Vehicle ❑ Debt Collection: Other ©J Board of Elections 0 Nuisance D Dept. of Transportation 0 Premises Liability IJ Statutory Appeal: Other S Product Liability (does not include 0 Employment Dispute: E mass tort) Slander/Libel /Defamation Discrimination C Other: ❑Employment Dispute: Other ❑Zoning Board T ❑ Other: I 0 Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste 0 Other: � Ejectment LJ Common Law /Statutory Arbitration B hl Eminent Domain /Condemnation ❑ Declaratory Judgment Ground Rent - i Mandamus Landlord/Tenant Dispute Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY I l Mortgage Foreclosure: Commercial Quo Warranto 0 Dental El Partition In- Replevin -I Legal 0 Quiet Title 0 Other: l Medical Ci' Other: ❑ Other Professional: Updated 1/1/2011 , 0c, 7!Fjlj 23 S EP 30� 1 ND Co UN r NIA LAW OFFICES OF HAYT, HAYT & LANDAU, LLC By: Arthur Lashin, Esquire Identification No. 23425 123 S. Broad Street Attorney for Plaintiff Suite 1660 Philadelphia, PA 19109 -1003 (215) 928 -1400 OUR FILE NO. 482759 CUMBERLAND COUNTY CAPITAL ONE BANK (USA), N.A. COURT OF COMMON PLEAS CIVIL DIVISION 4851 COX ROAD GLEN ALLEN, VA 23060 Vs. TERM. BARBARA A WALKER 41 GREENMONT DR ENOLA PA 17025 No. CIVIL ACTION "NOTICE "AVISO "You have been sued in court. If you wish to defend against "Le han demandado a usted an la corte. Si usted quiere the claims set forth in the following pages, you must take action defenderse de estas demandas expuestas en las p6ginas siguientes, within twenty (20) days after this complaint and notice are served, usted tiene veinte (20) dias, de plazo al patir de la fecha de la by entering a written appearance personally or by attorney and demanda y la notificaci6n. Haoe falta asentar una comparencia filing in writing with the court your defenses or objections to the escrita o en persona o con un abogado y entregar a la corte an claims set forth against you. You are warned that if you fail to do forma escrita sus defenses o sus objeciones a has demandas en so the case may proceed without you and a judgment may be en- contra de su persona. Sea avisado quo si usted no se defiende, la tered against you by the court without further notice for any mon- corte tomar6 medidas y puede continuer la demanda en contra ey claimed in the complaint or for any other claim or relief request- suya sin previo aviso o notificaci6n. AdemSs, la corte puede ed by the plaintiff. You may lose money or property or other rights decidir a favor del demandante y requiere que usted cumpla con important to you. todas [as provisions de esta demanda. Usted puede perder dinero IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE o sus propiedades u otros derechos importances pare usted. ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT "LLEVE ESTA DEMANDA A UN ABOGADO MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE IMMEDIATAMENTE. SI NO TIEN E ABOGADO O SI NO OR NO FEE 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 CUMBERLAND COUNTY BAR ASSOCIATION ASISTENCIA LEGAL. 2 LIBERTY AVENUE CARLISLE PA, 17013 717- 249 -3166 Gt (M� 'g� 63• C�� aos9�i 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) BARBARA A WALKER is /are individual(s) residing at: 41 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 * * * * * * * * * ** *1828. 4. Defendant(s) subsequently utilized the aforesaid account to make various purchases and /or receive 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: $18,633.21 Credits: $.00- TOTAL DUE: $18,633.21 7. Despite 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 $18,633.21 together with costs. LAW OFFICES OF HAYT, HAYT & LANDAU, LLC By: ARTHUR LASHIN 423425 Attorney for Plaintiff The law firm of Hayt, Hayt & Landau collects debts. We are attempting to collect a debt. Any information we obtain will be used for that purpose. 1 CYCLE # 23 CAPITAL ONE CYCLE FACSIMILE REPORT 10/24/2012 - 11/23/2012 PAGE 367 ACCT -ID: 02497951828 CARD# 5178052497951828 STMT -TYPE: ENGLISH REWARDS: N TPC: MP HOLD: 000 SAC -PGM: PREV - BALANCE: $18,546.96 PYMTS &CREDITS $0.00 INTR CHRGS : $86.25 TRANSACTIONS: $0.00 NEW - BALANCE : $18,633.21 MINIMUM PYMT $2,101.00 LATE FEE $35.00 DUE -DATE 12/20/2012 CREDIT - LIMIT: 20000 CREDIT -AVAIL 1366.79 CASH -LIMIT 5000 CASH -AVAIL 1366.79 RPAY- TOTMTHS: 305 RPAY - TOTCOST $22,927.01 36MA- MTHPAY: $543.93 36MA- TOTCOST: $19,581.54 INTEREST -CTD: $51.25 INTEREST -YTD $553.25 FEE - AMT -CTD: $35.00 FEE - AMT -YTD $235.00 HIGH- LATEFEE: $35.00 HIGH -PNLTY -APR: 29.40°% 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: 00 MULTI -IND: S PROV -ID: 000001 US PROF -CNTR: 0000000001 COB SERVICE - OWNER: 000022 Prime OL -OPTIN -IND: TBAL C/I BALANCE AMOUNT RATE CORR APR INTEREST CHRGS BARBARA A WALKER Purchases 0001 01 18,576.34 00.0089000 0003.250000000 51.25 STE 145 Cash Advances 0002 00 0.00 00.0542500 0019.800000000 0.00 1701 W NORTHWEST HWY GRAPEVINE TX 76051814645 USA I ACCOUNT BRAND DATA - ODS & SIMS BRND VNR PLOY ID: 00000000000 OUST SERV CONT PLCY ID: 00000000000 CPN CAL ID 0101 RWDS DISPLAY IND: Y BRND NAME BRND LOGO ID: 001 BRND DISPLAY IND: Y NH ALLWD IND Y CPN CODE NSC232 MINI CPN CODE: NSMC04 REMIT CPN CODE NSRCO5 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: BARBARA A WALKER 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: BARBARA A WALKER OUST TYPE: 0 PRINT AREA: 020 NUM OF DEBITS 00000 AMT OF DEBITS $0.00 _NO DEBIT TRANSACTIONS FOR THIS CYCLE EXHIBIT A Department of Defense Manpower Data Center ROW, "of: Stt 10 The Defense Manpower Data Center (OMDC) is an organization of the Department of Defense (DOD) that maintains the Defense Enrollment and Eligibility sees. 3.0 Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 at seq, as amended) (SCRA) (formerly known as Status ktv ort the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of 'does not possess any information indicating that the Pursuant to Servrcerritember's Civil Relief Act individual is currently on active duty' responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts In any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the 'defenselink.mir URL: http:l lvnvw. defenselink .miVfagfpi$IPC09SLDR.html. It you have evidence the person was on active duty for the active duty status Last Name: WALKER date and you fall to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). First Name: BARBARA A This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Middle Name' • Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual a Nalher unit received early notification to report for active Active Duty Status As Of: Sep -10 -2013 duty on the Active Duty Status Date. On ACwe OWy On Ad" OOy St t, OOm - More information on "Active Duty Status" Active du 30 Acre ay sun au &W. OW Eno Otto ty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less su. s • apeep° C001p0f4n1 than consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service NA No NA authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the Tnu Ina ImiddeNe• o dwy ooseden Ire Acsve testy s otto President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve ten Adwe Ovy wwh 367 oeytt olAClwe oWy sow. Otto Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Aclwo Wry Sutt Oeu Active EM ONO SuO, Serv'rA COn,wlew Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). ' oury NA NA No Nq iaie raspwue rOrbcu wluro W tndwlduel kn N o,ysbq, w10un M7 Ltye 0r ,,xt Ua Agim DWy s,oWS DNe Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Tide 10 and Tide 14 active duty records for all the Uniformed Services periods. Toe vko or tusmer UM cam Nouwd W e F— Coll W Acwe Dvy on A,we Duty Sours mo Title 32 periods of Active Duty Bra not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Order Netilraeon SUd Data Order NOW --ion EM De'a 51eWS S.M. COngmWu Nn Many rimes orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website � No cent nos fication should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. TNe roweASe rerow vmod,er dr trowtevel w mm�er wW mewed eery mNCOaoo m mpon mr ewwo dory Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of extend beyond the fast dates of active duly. the individual on the active duly status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Those who could rely on this certificate pre urged to seek qualified legal counsel to ensure that an rights guaranteed to Service members under the SCRA HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER. THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY are protected ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. WARNING: This certificate was provided based on a last name. SSNldate of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: L48AFBF760E9BC0 Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 I CAPITAL, ONE BANK (USA), N.A., Plaintiff, V., BARBARA A WALKER Defendant(s). AFFIDAVIT PERSONALLY APPEARED before the undersigned officer, duly authorized to administer oaths, Tarnetta Mayfield, who states under oath as follows: 1. I am over 18 years old and competent to testify to the matters set forth herein. I am an employee of Capital One Services, LLC, ( "COSLLC "), an agent and affiliate of Plaintiff CAPITAL ONE BANK (USA), N.A. ( "Capital One "). COSLLC provides services to Capital One in connection with its credit card and related banking practices and my job responsibilities as Litigation Support Representative provide me with access to all relevant systems and documents of Capital One needed to validate the below information. I am authorized by Capital One to testify to the matters set forth herein. As a result of the scope of my job responsibilities, I have personal knowledge of the manner and method by which Capital One creates and maintains certain business books and records, including computer records of customer 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. 3. 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. 4. The books and records of Capital One show that Defendant(s) is /are currently indebted to Capital One on account number X1828 for the just and true sum of $18633.21 as of 09/10/2013, 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. 5. Nothing in the books and records of Capital One indicate or show that the Defendant(s) is /are a minor /minors, is /are mentally incompetent or is /are otherwise incapacitated. 6. 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: 6 Tarnetta Mayfield 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 Tarnetta Mayfield 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 f0 day of , 20 � rl Notary ublic , REG #343128 ' i y MY MISSION., Q N00000041849622 : n '. EXP RES ; 2 376936233 %, ° ��s,. n . ` 11t301 2016 Q C .% FA o; HAYT, HAYT &LANDAU 2 CAPITAL ONE BANK (USA), N.A., Plaintiff, V. BARBARA A WALKER 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 employee of Capital One Services, LLC, and agent and affiliate 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: c ° ( &43 ice/ Tarnetta Aayfield N00000041849622 376936233 A088 HAYT, HAYT & LANDAU N00000041849622 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff r of tar�ra6 -',` .1i ;'E U, I ., Jody S Smith Chief Deputy Richard W Stewart °`- Solicitor ;;,pp,cE F-rHE S ERIF .;LIMBER LAl D i Li..,I:'-1 ., PENNSYL VANIA Capital One Bank(USA) N.A. vs. Case Number Barbara A Walker 2013-5687 SHERIFF'S RETURN OF SERVICE 10/07/2013 08:28 PM - Deputy Brian Grzyboski, being duly sworn according to law, served the requested Complaint & Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Barbara A Walker at 41 Greenmont Drive, East Pennsboro, Eno PA 17025. ,. I /1-3/ BRIAN GRZ B•. ', �y TY SHERIFF COST: $45.41 SO ANSWERS, 9_ XI,' iiir October 09, 2013 RONO R ANDERSON, SHERIFF .-.0t1^,,`u re b 2rif`;T£ osof:. .C. CAPIAL ONE BANK(USA) ,N.A. ) ) COURT OF COMMON PLEAS CUMPERLAND COUNTY Plaintiff, ) ) NO. INSERT CASE#13-5687 CIVIL vs. ) ) BARBARA A WALKER ) �.w Defendant(s). ) -= `' --a ?7 ra _ NOTICE OF INTENTION TO DEFEND I, BARBARA A WALKER ,hereby give Notice of Intent to defend the above titled case,and Demand strict proof of the alleged claim. The Defendant admits that Defendant had an account with Plaintiff at one time, as alleged in Plaintiff's Complaint, but denies that the amount owed alleged by Plaintiff is correct and lacks sufficient information to either admit or deny the remainder of Plaintiffs allegations and therefore denies all such allegations and demands strict proof thereof in writing. Defendant requests that Plaintiff provide an original credit agreement signed by Defendant, verification of the alleged debt and a detailed accounting of all purchases, charges, credits, offsets and payments to the alleged account in order to permit further admissions and denials. VERIFICATION I, BARBARA A WALKER , do hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities,that I am the Defendant in this proceeding. I have read the Written Answer and know the contents to 1 be true from my own knowledge, except as to those matters stated on information and belief, and as to those matters I believe them to be true. This the ( day of C 7G ,20/, ?. BARBARA A WALKER 41 GREENMONT DR ENOLA PA 17025 717 728-9111 DEFENDANT PRO SE CER'T'IFICATE OF SERVICE I hereby certify that on this 62 / day of C C f ,20 /3 ,a copy of the foregoing pleading was mailed,first-class,postage pre-paid to: ATTORNEYS FOR PLAINT'IF'F: ARTHUR LASHIN,ESQUIRE HAYT,HAYT&LANDAU, LCC 123 S. BROAD STREET PHILADELPHIA, PA 19109-1003 (215) 928-1400 BARBARA A WALKER 41 GREENMONT DR ENOLA PA 17025 717 728-9111 DEFENDANT PRO SE 2