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HomeMy WebLinkAbout07-0701IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. BRIDGET IDDINGS Defendant . No : Ol - ?y ! 6/ (it V t,L ? COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., 323 W. Lakeside Ave 2nd Fl Cleveland, Oh 44113 216-739-5080 FAX: 216-739-5115 05702002 C A Bro KXW L.P.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No BRIDGET IDDINGS 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 BANK is a corporation with offices at 6851 JERICHO TURNPIKE #190 SYOSSET , NY 11791 2. Defendant is adult individual(s) residing at the address listed below: BRIDGET IDDINGS 14 N PITT ST #4 CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number 5178052203535857 4. Defendant made use of said credit card and has a current balance due of $1526.90 , as of January 25, 2007 . 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 25.900% per annum on the unpaid balance from January 25, 2007 . A copy of Plaintiff's STATMENT is attached hereto, marked as Exhibit 11111 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 , BRIDGET IDDINGS , INDIVIDUALLY , in the amount of $1526.90 with continuing interest thereon at the rate of 25.900. per annum from January 25, 2007 plus costs. James Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 323 akeside Ave 2nd Fl Cle el d, Oh 44113 21-73 -5080 FAX: 16-739-5115 0570 0 02 C A Bro KXW This law firm is a debt collector aft pting to collect this debt for our client and any information obta ed will be used for that purpose. First 3 months half-price 7 9 a montt5 $9.95/mo. thereafter 4 Now with FREE Accelerator for the /fist 12 monthst-a 180 value 203536857 SIGN UP TODAY: ' 1-877-7781207 Mention Offer Code: GARNET Or visit www.peoplepc.com/go/garnet peoplepc- online \_?' A better way to Internet. PeoplePC Online offers the features you would expect from higher-priced Internet Service Providers at half price for the first 3 months! ® Virus Protection powered by SymanteC- QQ Pop-Up BlockerTM `(?j Spam Controls ® ??BB??Sjjm?DaaGt?elIr Smart Dialer Technology W ? 1d`PRWWpL &emes ® IntMT3M&& Waiting LISLE PA 17013-1272 CapilaloW* Account Su Previous Balance $858.56 Payments, Credits and Adjustments S.00 Transactions $29.00 Finance Charges $18.47 New Balance $906.03 Minimum Amount Due $906.03 Payment Due Date June 07, 2004 Total Credit Line $400 Total Available Credit $.00 Credit Line for Cash $400 Available Credit for Cash S.00 At your service To oB Cwtomrr Rdations or to report. lost -.t.1- card: 1-800-903-3637 Send payments to: Send inquiries to: Attn: Remittance Pro-sing Capital One Services Capit.1 One Services P.O. Box 85147 P.O. Box 85015 Richmond, VA 23276 Richmond, VA 23285-5015 PLATINUM MASTERCARD ACCOUNT 5178-0522-0353-5857 APR 08 - MAY 07, 2004 Page 1 of 1 Payments, Credits and Adjustments Transactions 1 07 MAY PAST DUE FEE $29.00 "Important Notices" Your account terms have been adjusted as previously disclosed. All other terms and conditions remain in full force and effect. You were assessed a past due fee of $29.00 on 05/07/2004 because your minimum payment was not received by the due date of 05/07/2004. To avoid this fee in the future, we recommend that you allow at least 7 business days for your payment to reach Capital One. ?llBli Penance Charges Pleats ree reanreaidefor important infonwtion m in m 13alm«rate appliedto P Cwnsy "1619 rate APPR WE WE m PURCHASES CASH $867.45 S.00 .07096% 25.90% .07096% 25.90% $18.47 &Do ANNUAL PERCENTAGE RATE applied this period 25.90% PLEASE RETURN PORTION BELOW WITH PAYMENT Qkp&aa 10w* 0000000 0 5178052203535857 07 0906030069000906032 New Balance $906.03 Minimum Amount Due $906.03 Payment Due Date June 07, 2004 Total enclosed $ Account Number: 5178-0522-0353-5857 Capital One Bank P.O. Box 85147 11111IIIIIIIIIIIIIIIII Richmond, VA 23276 P1raseprintmad.1.d,i- andlwrmoilrlamges hdomt,61 orblar4 in.E Sven APB a Ciry Sari ZIP Home Phone Al-- Phone #9012977862624299# MAIL ID NUMBER BRIDGET IDDINGS 1414 BRADLEY DR m APT G213 n CARLISLE PA 17013-1272 e = r Pleare rmiteyow account number on yota'rbttk m money order made payable to Capital One Bank and mail in the enclosed envelope. peoplepcta online A better way to Internet. UNLIMITED INTERNET ACCESS SIGN UP TODAY: 1-877-778-1207 Mention Offer Code: GARNET Or visit www.peoplepc.corn/go/garnet PedplePC a solely responsible for this offer, and is not affiliated with Capital One. Capital One does not provide, endorse or guarantee, and is not affiliated with, any product or service shown here. Any trademarks mentioned herein are solely owned by the respective entity. Ad rights reserved. By responding to ft offer, you may be communicating information about yourself to the company that provides this product - for example, that you are a Capital One customer, ?eopW'C OrBine: First 3 months are billed at $4.97 per math; $9.95 per month thereafter Offer available to new d'al-up subscribers at least 18 years of age and may not be redeemed with any other offer. Offer subject to change at any time. Phone tedrlkai support available for $1.95 per minute. ?Accelerator IS free for 12 months. Offer good for imifed time. After the test 12 months, the Accelerated service will automatically revert to the standard PeoplePC Online service. Offer subject to change at anytime. With Peopli Onne Accelerated, portion Web page text and graphics will bad faster when compared to standard diet-tp Internet service. Actual results may vary. PeoplePC Ordine Accelerated is only compatible with PeoplePC Online Internet service and specified WwdowsO browsers. PeopkrPC Onme Accelerated is not compatible with WindowsO 95 with IE 5.5 SP2 Service not available in all areas. Access fees, taxes, and other fees and restrictions may apply. Telephone toll charges may apply, ever during bid periods. You are responsible for deteznining whether a call to one of our Boma numbers will resit in telephorre top charges. Access may be imbed, especially during tines of peak usage. Dies-up numbers may be changed at PeopleI dlscra8on. Continuous use subject to timegut procedures All use is subjad to PeoplePC Online's Services Agreement and Acceptable Use Policy. 56K is the maximum speed of service: actual speed may very. 0 2006 PeoplePC Inc. All Rights Reserved. PeoplePC Online and its logos are trademarks of PeopoPC in the U.S. and other countries. C 2006 Capital One Services, Inc. Capital One is a federally registered service mark All rights reserved. °o O n O periodic rate. To obtain the average daily balance for the billing period covered by this statement, we take the begtmfrg balance of each segment each day, add any new irarneea to each segment, and subtract any payments or credits. gf the code N appears on the from of this statement rem to 'Balance Rae Applied To,' we also subtract any unpaid finance charge included in the balance of each segment.) This gives us the daily balance of each segmem. Then, we add up all the daily balances far each segment for the billing period and civide by the total number of days in the filling period. This gives us the average daily balance of each segment. 3. Annual Percentage Rates IAPRI• a. The term 'Annual Percentage Rate- may appear as APR- on the front of this statement. b. If the code P (Prima), L (3-mo. LIBOR), C (Certificate of Deposit), or S (Bankrard prime) appeam m the from of this statement nevi to the periodic rate(s), the periodc rates and corresponding ANNUAL PERCENTAGE RATES may very qummily and may increase or decrease based on the stated indices, as found in The Wall Street Jmmlel, plus the margin previously disclosed to you. Than changes will be effective on the first day of your filing period centered by your periodic statement ending the months Januery, April, July and October. c. If the code 0 (Prime), F (1-mo. LIBOR) or G (3-rim. LIBOR Repriced Monday) apparent on the from of your statement next to the periodic rate(s), the periodic rates and corresponding ANNUAL PERCENTAGE RATES may vary monthly and may Increase or decrease based on the mated kndces, as foul in The Wall Server Jormal, plus the margin previously disclosed to you. These changes will be effective on the fire day of your billing period eadt month. 4. Assessment of Lmi Ovsamit and Rat road Payrtrwt Fees. Your accorrt will be assessed m more than two of the fees listed here that occur dung any billing period. Under the terms of your customer allfeeent, we reserve the rigor to waive or not to assess any s without prior notification to you without waiving our right to asses the same or similar fees at a later time. 5.tRenewkp Your Annex. If a membership fee appears on the trait of this maintain, you have 30 days tram the date this matemet was mailed to you to void paying the fee or to have such In ceditetl to you if you cancel ywr account. During chi: period, you may continue to uce ywr accent wilhour having to pay the membership Z. To cancel your account, you must ratify us by calling our Customer Relations Department and pay your 'New Balance' in full (excluding the membeslp fee) prior to Iha end of the thirty-lay period. 6. N You Class Yeas Amount. You can request to dose your accost by calling our Customer Relations Department. You must destroy your credit cam(s) and account access checks, "met all pmauthodred billing, and cease ualrh9 your amour. If you do net cancel preauthorized billing anangemrta, we will - ve der receipt of a dirge your eut :,ion to reopen your account. Additionally, your account will rat be dosed until you Pay all amounts you awe us Including: any trans fio s you lave aphorized, finance charges, past due fee., overlimtt fees, returned payment fees, cash advance fees and any other lees eseessed to your -cast. You are responsible for than amounts wRhemer they appear on your a.- in the time you request in dos the accent or they am incurred subsequers to your request to dose the account. This may result in charges appearing on your amount after you have your account if it has already been closed. For ewmple, if you authorized a purchase from a merchant and we receive the transaction from the merchant after your account has been dared, your account will be reopened, the amour of the dirge will be added to your account, ara be responsible for paymem. If there is a membership fer for your account, the Ise will commas, to be charged, to the extent permitted by law, until the cum balance hex been paid in full as defined above. 7. Uskp Your A-a at.Vour card or account cannot be used in connection with any Internet gambling iraranctions. BILLING RIGHTS SUMMARY (In Can Of Enron Or Questions About Your Bill) If you think your bill is wrong, or if you need more information on a tramaction or bill, wife to us on a separate sleet as soon as possible at the address for iniquities shown on the front of this satemenf. We must hear from you no later than 60 days after we sera you the fire bill m which the error or problem appeared. You can ..It our Customer Relations number, but doing in will not preserve your fights. In your letter, give us the following information. your name and account number, the dollar amount of the suspected error, a description of the error and an explanation, if possible, of why yw believe there is if you need more information, a description of an - cite item you are unsure about. You do non have to pay arty mono in question while we are investigatkg it, but you are still obligated to pay the parts of your bill that are not in question. Write we investigate your question, we carrot report you as delinquent or take any action to collect the amount you question. t,t Special Rule For Credit Card Purchases If you he" a problem with the quality of property or services that you Purchased with a credit card and you have tried In good faith to correct The problem with the merchant, you may he" the right not to pay the lem8fning ant due on the property or services. You have this praerction ody when de purchase price was more then 350.00 and the purchase wasrg made in your bane mate or wiMin 100 miles of your malfi adds:. (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 corresporhdence. t foes rat apply to consumer taw-credil card eccants I Does tot apply to busMese urn- tat card apparels Capital One supports inmmation privacy protection: we our webalte at www.caphalore-rim. Capital One is a federally registered service mark of Capital One Rnancial Corporation. All rights reserved. 0 2003 Capital One 01LGLBAK t a. Gram, Period. You will have a minimum grace period of 25 day. without finance charge on now, purcases, new balance tmnsfent, new special purchases and new other charges if you pay your total -New Balance-, in rdane with the Important Notice for payments below, and in time for it to be credited by your next statement closing date. There is no grace period on cash advances and special transient. In addition, there is no grace period on any transaction if you do rat pay the total 'New balance.' b. Aovuktg Flames Charge. Transactions which are rot subject to a grace period ate assessed finance charge 1) hem the date of the transaction or 2) iron the date the tramaction is proossed to your Account or 3) from the fire calendar day of the current billing period. Additionally, if you old not pay the 'New Balance- from the previous cluing period in full, finance Barges constitute to accrue to your unpaid balance until the unpaid balance is paid in full. This means that you may still awe finance charges, even if You Pay the entire New Balarae indicated on the front of your statement by the mho statement dosing date, but did non do se for the previous month. Unpaid finance charges are added to the applicable segment of your Account. t c. samara- F e purge. For each billing period that your accost a abject to a finance charge, a minimum total RNANCE CHARGE of $0.50 will be imposed. If the tonal finance charge resulting from the application of your periodic rate(s) is less than 30.50, we will subtract that amount from the $0.50 minimum and the difference will be biped to the pucase saurot of your account. t d. Terrprry Reduetirhn in Firwa Charge. We reserve the right t0 not asses. any or all finance charges for any given biXirg period. 2. Avrage Daily Bels- Ikwir6g New Pasehseal. a. Rnaae charge la calculated by multiplying the daily balaxe of each segment of you accounts (e.g., rash advance, purchase, special tranater, and special purchase) by the corresponding daily periodic rate(s) that has been previously disclosed to you. At the end of each day during the billing period, we apply the daily periodic ate for each segment of your account to the daily balance of each aegoent. Than at the end of the billing period, we add up the resets of these daily calculations to arrive at your periodic finance ehsrge for each segmerht. We add up the sults from rant segmen t to arrive at the trial perialc finance charge for your account. To get the daily balance for each it of of your accent. Wir take the beginning balance for each mi and add any new ira sectinre and any periodic finance charge calculated on the previous day's balance for that segment. We than subtract any payments or credits posted as of that day that are allocated to that segment. This gives us the separate daily balance for each segment of your accont. However, if you paid the New Belarce shown on your previous statement in full (or if your naw, bala was zero or a erect amount), new tramactiaa Wvrtuxpost to your purchase or special purchase segments am not added to the daily balances. We calculate the average dally balarca by adding all the daily belarcea togaher and dviding tone sum by the number of the days in the current Nlfirg cycle. To calculate your total finarhce charge, multiplyy ywr average daily balance by the P. rio periods rate and by the rtuanber of days in she biting daily d. Due to roondrq on a daily bees, [here may be e alidtt vadarhca betvveen tNs calculation and the amount of finance charge actually assessed. b. If the code Z or N appears on the fret of this statement next to "Balance Rae Applied To,' we multiply the B359M IrnWait re Notice: Payments you marl to us will be credited to your accent as of the business day we receive it. provided (1) you send the bottom portion of thou statement and your check in lure enclosed remittance envelope and (2) your payment is received in our processing center by 3 p.m. ET 02 nom PT). Please allow at lean five 151 bualneas days for postal delivery. Payments received by us at any mho location or in any odor form may Iron be credited as of the day we receive dam. Our business days are Monday through Saturday, excluding holidays. Please do not use maples, paper dips, mc. vden prepedng your payment. When you send us; a deck(s), yw audartze us to make a one-rime electrolc transfer debit from your bank account for the amount of the check. This authorization applies to all checks received during the NXing cycle even it stem by someone else. It we carom process the transfer, you authorize us 10 make a charge against your bank account using the check, a paper draft or whet tem. VERIFICATION The undersigned does hereby verify subject to the penalt' of 18 U904 relating to unsworn falsifications to authorities, that he/she is G( (NAME) I?Wf-)A--of On &Uo Vk f?G Y ? j p aintiff herein, that TLE) (COMPANY) he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and (SIGNATURE) WWR# ?) 17j70 1 CO2- Q _.> I 0 ? C3 ov) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. BRIDGET IDDINGS Defendant No. 07-701-CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 271.8 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W W R#05702002 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 07-701-CIVIL TERM BRIDGET IDDINGS Defendant PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY OF COUNTY: Settle, Discontinue and End the above-captioned matter upon the records of the Court and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C PA I.D WELT 2718 a 436 ev W 2) Sworn to and sub Before me the _ Day of MsARCIJ, Y COMMONWEALTH OF PENNSYLVANIA Notarial Seal Wayne A mnesNotary PuMcity of Pittsburgh, Allegheny County Commission E)nres June 28, 2010 Member, Pennsylvania Association of Notaries Esquire WEINBERG & REIS CO., L.P.A. Building en Avenue , PA 15219 4-7955 05702002 ?- ? ?, ?. ?' '?ti ? 1 t i U ,,. .??; i1 S.iy,? Y' {..rte' .?? ? 'S SHERIFF'S RETURN - REGULAR CASE NO: 2007-00701 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS IDDINGS BRIDGET MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon TDDTNGS BRIDGET the DEFENDANT , at 0835:00 HOURS, on the 7th day of February-, 2007 at 14 N PITT STREET #4 CARLISLE, PA 17013 BRIDGET IDDINGS by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 4.40 .00 10.00 R. Thomas Kline .00 / 32.40, 02/08/2007 WELTMAN WEINBERG RE a' p0 By. day Deputy Sheriff A. D.