Loading...
HomeMy WebLinkAbout07-0625IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE F.S.B. C? Plaintiff No: 0 7 ?tv`I 1 l? vs. COMPLAINT IN CIVIL ACTION MARIA E HEREDIA Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05431266 C N Pit CXC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE F.S.B. Plaintiff VS. Civil Action No MARIA E HEREDIA Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, CAPITAL ONE F.S.B. is a corporation with offices at 140 EAST SHORE DR GLEN ALLEN , VA 23059 . 2. Defendant is adult individual(s) residing at the address listed below: MARIA E HEREDIA 324 8TH ST NEW CUMBERLND, PA 17070 3. Defendant applied for and received a credit card bearing the account number 5178052203324187 . 4. Defendant made use of said credit card and has a current balance due of $1756.92 , as of December 05, 2006 . 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 26.7400 per annum on the unpaid balance from December 05, 2006 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 111" and made a part hereof. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for judgment in its favor and against Defendant MARIA E HEREDIA , INDIVIDUALLY , in the amount of $1756.92 with continuing interest thereon at the rate of 26.740% per annum from December 05, 2006 plus costs. r - James Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 ev nth Avenue, Suite 2718 Pit sbu gh, PA 15219 (4 2) 4-7955 F 4 2-338-7130 0 431 6 C N Pit CXC This law firm is a debt collector a temp ing to collect this debt for our client and any information obta ne will be used for that purpose. 999 Capita/Qnee Your Credit Future Is In Your Hands what's in your wallet?- Capital One" wants to give you all the help we can in managing your finances. To make the most of your time and money, take the following steps to maintain your good credit. CHECK IT: Review your credit report at least once a year to check for errors or fraudulent activity. FIX IT: Contact the credit bureaus and credit card providers to correct mistakes on your credit report. USE IT: Demonstrate wise use of credit. Make purchases regularly and pay your account on time. WATCH IT: Maintain good credit by keeping your balance under the credit limit and pay your bills on time. CONTROL IT: Moderation is key. Don't max out your credit. 9wilot CapitalQW Account Summ Previous Balance $1,135.48 Payments, Credits and Adjustments $.00 Transactions $94.00 Finance Charges $26.12 New Balance $1,255.60 Minimum Amount Due $1,255.60 Payment Due Date July 07, 2005 Total Credit Line $825 Total Available Credit $.00 Credit Line for Cash $825 Available Credit for Cash $.00 At your service To o,B Customer Relations or to report a lost or stolen -d.- 1-800-462-0115 Send payments to: Send inquiries to: Attn: Remittance Processing Capitil One, F.S.B. Capind One Services P.O. B. 790217 P.O. B. 85015 St Louis, MO 63179-0117 Richmond, VA 23285-5015 PLATINUM MASTERCARD ACCOUNT 5178-0522-0332-4187 MAY 08 - JUN 07, 2005 Page 1 of 1 Payments, Credits and Adjustments Transactions I 07 JUN CAPITAL ONE MEMBER FEE $59.00 2 07 JUN PAST DUE FEE 35.00 Your request to dose your account has been received. Your account will be closed when it reaches a $0 balance. Until then, you will continue to receive statements and must continue to make payments. All terms and conditions of the account will apply while a balance remains. Please remember to cut your cards and cancel all charges which automatically bill to your account You were assessed a past due fee of $35.00 on 06/07/2005 because your minimum payment was not received by the due date of 06/07/2005. To avoid this fee in the future, we recommend that you allow at least 7 business days for your payment to reach Capital One. EXHIBIT umm? 'f mane Charges Please see reveeseiide for important information r P-& C m .fPR ?` ° PURCHASES $1,149.94 .07326%P 26.7496 526.12 CASH t.00 .07326%P 26.74% t.00 ANNUAL PERCENTAGE RATE applied this period 26.74% PLEASE RETURN PORTION BELOW WITH PAYMENT CopffaloW 0000000 7 5178052203324187 07 1255600030001255608 New Balance $1,255.60 Minimum Amount Due $1,255.60 Payment Due Date July 07, 2005 Total enclosed $ Account Number. 5178-0522-0332-4187 Capital One, F.S.B. P.O. Box 790217 IIIIIIIIII St. Louis, MO 63179-0217 IIII 1111111111 11 1111111 1111 loll Please unite your account nun Plrasrp.int moiling addvss and/ r-mail rlsmtgrs bel asing blruwbbrk ink. S- Ape # Chy Snm ZIP Home Phone Altercate Ph- E-2 Add- #9015977866713491# MAIL ID NUMBER MARIA E HEREDIA 324 8TH ST ° NEW CUMBERLND PA 17070-1302 ilutlsilui ° ? :ber on your check or money order made payable to Capital One, F. S. B. and mail in the enclosed -lope. r Capita/Qne® what's in your wallet?" The steps to maintain your good credit are provided by Capital One, in conjunction wRh Consumer Action (wrww.comumeraction.org). ® toot Capital One Services, Inc Capital One is a federd ly registered service mark All rights reserved. 8 N N Oro; p ON periodic rate. To obtain the average daily balance for the billing padod revered by this statement, we take the beginning balance of each segment each day, add any new tramadias to each segmouht, and subtract any payments or credits. (If the code N appears on the from of this statement next to 'Balance Rate Applied To," vve also subtract any unpaid finance charge included in the balance of each segment.) This giros us the daily balance of each segment. Then, pave add up all the daily balances for each segment for the billing period and of Ads by the total number of days in the billing period. This gives us the average daily balance of each segment. 3. Annual Pareamage Rataa IAPRI. a. The term 'Annual Percentage Rate' may appear as 'APR' on the from of this statement. b. If the code P (Prime), L (3-mo. LIBOR), C (Certificate of Deposit), or S (Bankcard Prime) appears m the trap of this statement next to the periods rate(al, the periodic rates and corresponding ANNUAL PERCENTAGE RATES may vary quarterly and may increase or decrease based an the mated indices, as food in The Well Street Journal, plus the margin previously dsdoeed to you. These changes will be effective on the first day of your billing period wyered by your periodic statement ending in the months January, April, Judy and October. c. If the code D (Prime), F (1-mo. LIBOR) or G 13oho. LIBOR Repriced Monthly) appears m the from of your statement stn to the periodic rate(s), the Periodic rates and corresponding ANNUAL PERCENTAGE RATES may vary monthiy and may Increase or decrease based on the rated indices, as fond in The Wag Street Journal, plus the margin previously disclosed to you. That changes will be effective on the first day of your billing period each month. 4. Assessment of Late, OvarWrm and Retained Paymart Fan. Your account will be assessed no more than two of the Teea limed here that Down during any billing period. Under the terra of your cunoma, agreement, we reserve, the right to waive or not to assess any inn without prior mtificelion to you without waiving our right to assess the same or similar fees at a later time. 5.tRartewing Your Amount. If a membership fee appears on the time of this statement, you have 30 =from the date this materm nt wee mailed to you to paying the fee or to hove such fee created to you if you cancel your account. During this period, you may -sinus io use your accost without having to pay the membership fee. To caned your aceou t, you must notify us by calling our Customer Relations Department and pay yaur'New Balance' in kill (excluding the membership fee) prior to the end of the thirty-day period. t. If You Close Your Asset . You can request to dose your account by calling our Customer Relation Department. You must destroy your credit cam(s) and account access docks, cancel all preauthorized Trig, and cease uan0 your eccant. If you do not cennei preeWorized citing arrargemema, we will cpsider receipt of a charge your authorization to reopen your acc ism. Additionally, your accaart will not be dosed until you pay all amounts you owe us including: any tramaciom you have authorized, finnrce charges, gam due fees, overlimit fees, retuned payment fees, cash advance fees and any other tees assessed to your account. You are responsible for these amounts whether they appear on your account at the time you request to dose the aaeun or they are incurred subsequent to your mWeat tc close the account. This may result in charges appearing m your amount after you have your accent if it has already been dosed. For example, it you authorized a purchase from a merchant and we receive the tramaaion from the mercham after your account has been dosed, your accent will be reopened, the amount of the charge will be added to your account, and you will be responsihis for payment. It them Is a membership fee for your account, the fee will continue to be charged, to the extent pemined by law, mill the count balance has bosh paid in full as defined above. 7. Using You Anpout.Your card or account canna be used in connection with any internal gambling trereectiora. BILLING RIGHTS SUMMARY (in Case Of Ennis; Or Ownitiorse About Your Bill) If you think your bill is wrong, or if you need more information an a transaction or bill, write to us on a separate shsef as soon as possible at the address for inparies shown on the front of tins malemenn. We must hear from you no later than 60 days after we sent you the firm bill on which the error or problem appeared. You can call our Customer Relation number, but doing so will rot preserve your rights. In your letter, give us the following Information: your mine and account number, the dollar amoan of the suspected error, a description of the error and an explanation, if possible, of vhy You believe there is an anon, or iiare amore you need more information, a descriNim of the item you about. You do rat have to pay any amain in question while we are investigating it, our you am mill obligated to pay the parts of your bill that are not in question. While we investigate your question, we canna report you as delinquent or take any action to collect the amount you question. i,t Special Rule For Credit Card Purchases If you have a problem with the quality of property or services that you purchased with a medif card and you have tried in good faith to correct the problem with lute merchant, you may have the right not to pay the remaining amount duns on the property or senoices. You haw this prot ection ohiy when the pun -pace was more than $60.00 and the purchase was made in your hone mate or within 100 miles of your mailing address. (It we own or operate the merchant, or if we mailed you the advertisement for the property or services, all purchases are covered regardless of amount or location of purchase.) Please remember to sign all correspondence. t Does not apply to consumer boa-credit card accounts i Do. milt appty to business non-credit card accounts Capital One suppons information privacy prmenion: see our w almite at www.caphalane.com. Capital One is a federally registered service mark of Capital One Rmrciel Corporation. All rights reserved. 0 2003 Capltel One OILGLBAK 1. Now To Avoid A Finance Charge. ta. Grace Period. You will have a minimum grace period of 25 ,eye without fi== gep purcases, new balance transfers, l urchases and rew mfax charges if you pay your total 'New Behi ce', in acmrdmce with the Important Notice for payments below, ono in time for it to be cradled by your next movement dosing date. There is nor grace period on cash advances and special iremfers. In addition, them is no grace period any transaction if you do not pay the total 'New balance.- b. Aaaung Fiaeee Charge. T. at-. which are not subject to a grace period are assessed finance large 11 Iran the date of the transaction or 2) from the date the transaction is processed to your Account or 3) from the first calendar day of the current billing period. Additionally, if you rid non pay the 'New Balance' tram the previous billing period in sal, fine rxx; charges continue to accrue to Mr unpaid balance until the unpaid balance is paid in kill. that you may mill owe finance charges, even if you pay the endre New Balance indicated m the from of your statement by the mho statement dosing date, but did net do so for the previous moms. Unpaid finance charges are added to the applicable segment of your Amount. t c. Mk hman France Charge. For each billing period that your account is r to a finance charge, a minimum total FINANCE CHAtIGE of $0.50 will be imposed. If the total finance charge resulting from the application of your periodic at is less than $0.50, we will subhem that amount from the $0.50 minimum and the difference will be billed to the purchase segment of your account. td. Temporary Reduction in France Charge. We reserve the ghI to not assess any or all finance charges for any given billing period. 1. A-aee Dally Balance Inckdsg New Purcossel. a. Finance charge Is calculated by multiplying the dally balance of each segment of your account (e.g., cash advance, purchase, special transfer, and special purchase) by tha correspon im daily periodic rstels) that has been previously disclosed to you. At the end of each day during the billing period, we apply the daffy periodic rate for each segment of your eccoua to the daily balance of each segment. Than at the end of the billing period, we add up the rem lm of these d ably calculations to arrive ti periodic imam a charge for each segment. We add uprthe cult from each segment to arrive at the total periodic finance charge for your arrant. To get the daily balance for each aepnem of your accanl, we =the beginning balance for nch segmecht and add any new tre .-- and any periodic finance charge calculated on the previous day's balance for that segment. We then subtract any payments or credits posted as of that day that are alienated to that segment. This gives ne the separate daily balance for each segment of your account. However, if you paid de New Balance shown on your previous statement in full (or if your new balance was zero or a credit amount), new tram moons which post to your purchase or special pumheae segments are not added to the daily balances. We calculme the average daily balance by adding all the dally balance" together and dividing the man by the number of the days in the current billing cyde. To calculate your total finance charge, muhiply your average daily balance by the daily periodic rate and by the rot r b., of day. in the billing period. Due to rondirg on s daby basis, there may be a slight variance between this calculation arid the winment of finance charge actually assessed. h. If tike code Z or N appear on the front of this matemem nee to 'Belsnx Rave Applied To,' we multiply the Irrportm Nmice: Payments you mail to us will be credited to your accosn as of the business day we receive it, provided (1) you send the bottom portion of this statement and your check in the enclosed remittance envelop. aN (2) your payment is received in our processing center by 3 p.M. ET (12 reap PT). Please allow at least five (5) business days for postal delivery. Payments received by ua at any ether )oration or in any Other tom may rot be credited as of the day we receive them. Our business days am Monday through Saturday, excluding holidays. Please do rot use maple paper clips, etc. when preparing your payment. When you send us a deck(s), you authorize us to make a one-time electronic lramfer debft from your bank account for the amain of the check. This authorization applies to all checks received during the billing cycle even if sera by someone else. If we, cannot process the transfer, you authorize us to make a charge against you bank account using the deck, a paper draft or what item. VERIFICATION CAPITAL ONE BANK, F.S.B. vs HEREDIA, MARIA E The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities, that he/she is, MAISHA DAVIS, Authorized Agent, of CAPITAL ONE BANK, F.S.B., Plaintiff Herein, that he/she is duly authorized to make this Declaration, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. t? MAISHA DAVIS Dudley Tumor Notary Public, Dekalb County, Gooda My Commission Expires January 19, 9M 5178052203324187 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. C, q? r -n ITI lov) 4? -It" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL. ONE F.S.B. Plaintiff VS. MARIA E HEREDIA Defendant No. 07-625-CIVIL PRAECIPE TO SETTLE, DISCONTINUE & END WITHOUT PREJUDICE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA. I.D.#47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR WWR# 05431266 ti IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE F.S.B. Plaintiff VS. Civil Action No. 07-625-CIVIL MARIA E HEREDIA Defendant PRAECIPE TO SETTLE DISCONTINUE AND END WITHOUT PREJUDICE TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue and End without prejudice the above captioned matter upon the records of the Court and mark the cost paid. WELTMAN, WEIINN?BERG & REIS CO., L.P.A B 1/ r Y: William T. Molczan, EsAlire PA. I.D.#47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers :Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 Sworn to and subscribed Before me the rJ Day of March, 2007 NOTA PUBLIC COMMONWEALL NNSYLVANIA Wlot p"Wo, ig A Joi ge$vnY County CRY warAWM E)Oros June 29.210 Member, Psnnsylvsnis ""C'sdon of Notsrles WWR WWR# 05431266 C: -r; .. 1 -"i ... Co SHERIFF'S RETURN - REGULAR CASE NO: 2007-00625 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE FSB VS HEREDIA MARIA E GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HEREDIA MARIA E the DEFENDANT , at 1911:00 HOURS, on the 5th day of February-, 2007 at 324 8TH STREET NEW CUMBERLAND, PA 17070 by handing to ADOLFO HEREDIA, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 14.96 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 42.96%( 02/06/2007 WELTMAN WEINBERG REIS ? 1.01 Sworn and Subscibed to a as By: before me this day Deputy S iff of A.D.