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HomeMy WebLinkAbout07-0803IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: ?^f P62 vs. COMPLAINT IN CIVIL ACTION DAVID L VARNER 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 05701576 C A Pit SGM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No DAVID L VARNER 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: DAVID L VARNER 110 BEAR HOLLOW RD NEWBURG, PA 17240 3. Defendant applied for and received a credit card bearing the account number 4305982295794088 . 4. Defendant made use of said credit card and has a current balance due of $1219.09 , as of January 23, 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 6.000% per annum on the unpaid balance from January 23, 2007 . A copy of Plaintiff's STATEMENT 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 , DAVID L VARNER , INDIVIDUALLY , in the amount of $1219.09 with continuing interest thereon at the rate of 6.000. per annum from January 23, 2007 plus costs. James/11 . armbrodt,42524 WELT EINBERG & REIS CO., L.P.A. 436 t ven h Avenue, Suite 2718 Pit urg , PA 15219 (4 2) 434-7955 F : 412 338-7130 0970157 C A Pit SGM This law firm is a debt collector atte-mpt/ng to collect this debt for our client and any information obtained ill be used for that purpose. r. s Account Summaiv 9aau 037 Thinking about home improvements? Make your Lowe's® Visa® Platinum card the first tool you reach for! With your Lowe's Visa Platinum card, you can shop at Lowe's and SAVE with: A your card's great APR A Lowe's everyday low prices Why wait to turn your home improvement dreams into a reality? Use your Lowe's Visa Platinum card to shop at Lowe's TODAY! 037_1203 Previous Balance $831.63 Payments, Credits and Adjustments $.00 Transactions $33.00 Finance Charges $10.25 New Balance $874.88 Minimum Amount Due $874.88 Payment Due Date June 17, 2004 Total Credit Line $400 Total Available Credit $.00 Credit Line for Cash $400 Available Credit for Cash $.00 At your service T. call Customs Relation: or to report a lost -td. -& 1-800-508-2520 Send prymam to: Send inquiries to: Attn: Re-ttana Promsing Capital One Services Capital One Swim P.O. Box 85147 P.O. B. 85015 Richmond, VA 23276 Rkh-d, VA 23285-5015 aft Iilipl' ft No= llliplrormffir PLATINUM VISA ACCOUNT APR 18 - MAY 17, 2004 4305-9822-9579-4088 Page 1 of 1 Payments, Credits and Adjustments Transactions 1 17 MAY CAPITAL ONE MONTHLY MEMBER FEE $4.00 2 17 MAY PAST DUE FEE 29.00 -Capital One proudly supports the National Youth Anti-Drug Media Campaign. PARENTS. THE ANTI-DRUG. Stay Involved - Ask Questions To get the FREE booklet, "Keeping Your Kids Drug-Free," call 1-800-788-2800 or visit www.7leAntiDnig.com- You were assessed a past due fee of $29.00 on 05/17/2004 because your minimum payment was not received by the due date of 05/17/2004. To avoid this fee in the future, we recommend that you allow at least 7 business days for your payment to reach Capital One. ?h ,µ! 11,7" la mr.;+yru ®IJbs tl 1' finance Cha%ges Pleaseim reverse iide for important information e m Bd Periv&r CL. ropoadmg MICE ` d m APPRR ? E rO PURCHASES 1836.70 .04082% 14.90% 110.25 CASH 1.00 .05356%D 19.55% f.00 ANNUAL PERCENTAGE RATE applied this period 14.90% PLEASE RETURN PORTION BELOW WITH PAYMENT CaphW0Wa 0000000 0 4305982295794088 17 0874880107950874884 New Balance $874.88 Minimum Amount Due $874.88 Payment Due Date June 17, 2004 Total enclosed f Account Number. 4305-9822-9579-4088 Capital One Services P.O. Box 85147 Richmond, VA 23276 Is tIIII I IIur1r11nr1tllnllurl6ullurlluIUnrlLrrlLnl Plaseprlnr mailing ad?rrs and e-md,*gu brl using bl wb/erf irk S'- ApL I cay Siesta ZIP Home Phone A.'- Ph- #9013986174033130# MAIL ID NUMBER DAVID L VARNER m e? 308 NEWBURG RD NEWBURG PA 17240-9384 e r Pleare write your aaaunt number an your shed ar money order madepayable to Capital One Services and =it in the endwederroelape. Graphs/Qne• 0 2103 Copial Om Sxresr, Inc. Capiol Ora I, a Iad.ly r.gu«ad arrcca anrk..vN rghn w..rad- 8 O N n N by the cerresponding aily periodic rate(s) that has been previously ,=n stlosed todyou. At the end of each day during the billing period, we apply the daily periodic rate for each aegmrun of your amps to the daily halartce of eaM segment. Then at the eed of the billing period, we add up the results of these daily calculations to ardw at your period' I-- charge for each ae!?nerrt. Wd hp the results from uch segment Io arrive at iha 'Lad periodic Nnsnce, charge for your account. To get the daffy balance for each segment of your amount, we take the beginning balance for each segment and add any new instsenios and any periodic finance charge calculated on the previous day's balance lot that segment. We than subtract any payments or credits posted as of dot day Ma[ are aNOCared to Mat segment. TNa gives us dire separate daily balance for each aaPmam of your accent. However, if Your accent gusI= Ip a grace period in either the purchase or apeclal pun3aas segments of your accent, ne w tramaniorts which poor to your Purchase or special purchase raate and not added t the daily bales. We daily 6al e t ancss r an dw6ntp balance the su by by tthhe all an norther of toget the clays in the current billing cycle. To calculate Your total finance charge, multiply your average dally balance by [ha daily pertodc rate and by the number of days in tM billing period. Due to rounding on a daily basis, there may be a blight variance between this calculation and the amoi of finance charge actually assessed. 3. AraaW Percentage Bate. IAPRI. a. The term -Annual Percentage Rate- may appear as 'APR' on the from of this maemem. b. If the rode D (Prime) or F limo. LIBOR) appea. on the front of your statemern ceh [o [he ppee'odc rate(s), the periods carp and cerreapartdnp AhIM/AL PERCENTAGE RATES may vary monthly Intl may increase ar decrease based on the mated indices, as found in The Wad Street .I1onssf due the margin previoudy dsdosed to you- The se dangea will be etfectire on the firm day of your billing pe' each month. 4. Assessment of Lat., Owirsnot and Rrun.d Paym-d Fees. Your account will be assessed no mom than two of the fees limed here that nips dung any tilling period. Under the terms of your customer agreement, we reserve the right to waive or not to a- any has =41= fication o you without waiving our right 1o or similar tees at a later time. 5.tRrnwkg Ypr Accosts. If a membership fee appeals on tie from Of INS statement, you how 30 days from tie data this statement was mailed to you to 'd paying tha tee or to have such fee credited to you if you certcd your amours. During this period, you may continue to use your account without hiving to Pay the membership fee. To cannel your account, you mom notify us by calling our Customer Relations Department and pay your'New Balance' in full (exclu i the membelsNp fsel Prior tO tha end of tha thirty-day, period. 8. H You Close Your AeosuR. You can molows to close yyoouu amoum by calling our Customer Relations oepartmont. You most destroy your credit card(s) and account amass clacks, cancel all preauho .zed billing, and cease using your amaumIIt you do tart certod preauhodzed billing arrertgem. we will eonidx receipt of a charge your authorization to reopen yea account. Additionally, your accent will rm ha dosed until you pay all amounts you owe us Including: any transactions you hove authorized, finance charges, pew due fees, oywlimm fees, returned payment fees, rash they appear on your accent at the time you repeat to close the account or they arc inmrred subsequent to your repast to close the amount. This may result in charges appearing on your amount after you have requested the mount to be dosed or the reopening of your amount if It has already been closed. For sample, if you emhodzed a Purchase from a merchant and we ceive the tramanion from the merchant after your amount has been closed, your accent will be reopened, the amours of e charge wig Va added to your accent, and you will hathresponsible for payment. It it.. is a membership fee for your amount, the fee VAN continue to be charged, to toe extern permitted by law, until the count Delance has been paitl in full as defined above. 7. lhirg Yarr Aoaprt.Your ca to or account carrot be used in mrracti- with any imemet gambling trareanions. BILLING RIGHTS SUMMARY (In Case Of Emma; Or Queatiom About Your Bilq If you think your bill is wrong, or if you reed more information on a transaction or bill, write io us on a separate sheet as soon as possible at the address for inquiries shown on the front of this statement. We most hear from you no later than 80 days after we sera you the fins bill on which the error or problem appeared. You can call our Customer Relations number, but doing se will rot preserve your rights. In your letter, give us the following information: Your name and account -bar, the dollar amount of the suspected error, a description of the error and an exitlanstion, If possible, of why you believe there is an error; or if you reed more inf."Ition, a description of the item you are unsure aboua. You do rot have to pay any amount in quaWon whiI we 'm amigatkg it, but you are mill obligsted to pay the Pars of your bill that ere rot in question. While we in-w- igate your question, we cannot report you as delinrparn or take any action to collect the sin- you question. J" Special Rule For Credit Card Purchases If you have a problem with the quality of property or services that you purchased with a credit card and you have tried in good faith to cerrrxt the probem with tha merchant, you may have the right rxrt to pay Vue remaining pm des on the property or services. Vra have this protection only wn" the purchase price was more than 450.00 and the purchase was made in your home were or within 100 miles of Your mailing address. (If we own or operate the merchant, or if we mailed you the advertisement or the property or services, all purchases ere cevered regardless r amour or location of purchase.) Reese remember W sign all correspondence. t Does not apply to non-credit card accounts Capital One supports information Pdvecy Protection: see ax website at wwrvv.capitelone.cam. Capital One is a federally registered service mark of Capital One Rnsrolal Corporation. All rights reserved. 0 2003 Capital One OILPROBK 1. How To Avoid A Fiane. tlorg.. to. Ores. Period. You will lava a mirimun grace period of 25 days without finance clterge on new purchases, now balance lransfels, new other charges that pmt to the pure purchases segment of Your account, era on new preened hipecial purchases) that pmt to the special purchase segment of your account if the New Balance, leas promotional purchase balances not Yin e>pired, on your previous statement was zero or if you pay the total New Sol- on your or My billing in I in full, lase promotional purchase balances that have not expired, prior to the following matemem 'poring date (INS is the grace period on now purchases.) 'New flelanja. is the previous statement balance less payments, credo and other quetmenta Posted to ypr aecount drtlrtg the current billing period elm new purcuses, halance roosters, apedal transfers, cash advances, fees and other charges posted to your accent dung the current billing period. To Is no gmc. the PromTonal Rn cash enciadvances, and rg xcion below special for further transfem. Sao details accruing fame charge for promotional Purchases. b. Accruing F e -mv.. Trateactiore wNCfi are rot aobjeot tD a grace peried ere assessed flnsnce charge i) from ifo date of the traaa.I- or 2) from the date the transaction is prmessed to you Account or 31 from the first calendar day of the current Dipping period. AdtlitionsllY, if you rid rot pay the 'New Balerce' from the previps ti 11 irg Pa..d m Tull, finance chw= c.it_ to true to your unpaid balance until the unpaid is paid In full. This means that you may mill owe Rmnce cltarges, even it you pay the entire New Balance cated on des from of you stetemeu L the nett statement closing date, but rid rot rip se br the previous finance thetgaess added to ,to app Fcebie month. Unpaid , segment of your Account. t5ce the Promotional Rruncing section below for further details on accruing firance charge for promotions) {alrclases). c. promotional Fkhrakg lif appffcedle to your accoom). Rnarae charge m promotional purchases not yet expired will be deferred until the end of each respective '=ional ceded. If your account charges off due to arias ddktpuency or default, Nuance riarge .. no Hurter =111= y'will be respotuible or the enrirc You may avoid ppaeying the deferred finsnce charge on your promotional purclases if you pay off your promotional puroytases in fill Dy the payment des date or the billing cycl e In which each promotional period expires. AJI paymerm made our amount will be applied in the following order. w finance charge that is not deterred, cash advances, purchases, than promotional purchases in nder, of expiration date. You may opt to change this order. if you an chose, payments will be applied in the following order: fees, finance charge that is rot deferred, promotional purchases in order of expiration date, cash advnlces, than purchases. td. rNn wwa Fkune. Oargs. For east billing period that your amount is abject to a fl nsroe charge, a minimum total RNANCE q-IARGE of 80.50 will be imposed. If the total finance charge resulting from the appmotion of that Your period' stets) is less than 40.50, we will subtract amount from the 40.50 minimum and the difference will be billed to [ha Purchase xgrars of your amonrn. te. T.rtperry Nadustan I. Fiosew Charge. We reserve the 6 to not assess any or all finance charges or any given billing perbtl. 2. Avraga Daffy 6alrres IfrrNrding New Phrcnca . Rnsnce change I. calculated by multiplying the daily balance of e.. It ae - of vas a- re.o. cam 101/3A IrrpMrt hbtta: Paymerns You mail to us will be credited to your accent as of the business day we ret,ww it, provided (1) you send the bonom portion of this stalemran scud your check in the enclosed remimrtce envelope Intl (2) ymr payment is received in our processing at by 3 P.M. ET 02 now PT). Please allow at least five (5) business days or paved tldlvery. Paymrms received by us st any otiar location or n Ty other form may not ho credited as of des day we receive dam. Our business days arc Monday through Saturday, exdudg holidays. ac sae do not use staples, paper diys, stc.autthriwhen preparing your paym==,.d on send us a clack(s), you auMOrize us to make a as-time electronic transfer debit from your bank 'corn or the amouA of the chec TNs zetion applies to all dudng tie billing cycle even if arson by someone she. If we cannot process the tarsier, you Bull us to make a charge against your bank amount using the check, a paper draft or what item. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is Nichole Kennedy 1 Agent of plaintiff herein, that (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 belief. (SIGNATURE) WWR# 0 S r? J 1 5- .7 ? d C?1 r C_1 l --i ` _ T Itl S1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. DAVID L VARNER Defendant No. 07-803 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: PATRICK THOMAS WOODMAN, ESQUIRE PA I. D #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05701576 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 07-803 CIVIL TERM DAVID L VARNER Defendant PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR Settle, Discontinue and End the above-captioned matter upon the records of the Court without prejudice to refile and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: S. 10W00w t1"-- Attorney for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05701576 SWORN TO AND SUBSCRIBED before me this /? day of 2007 NO ARY P IC /01 ON fir` PLNNS1fsLdANIA Comm Noteriol Wayne A. Jones, Notary Public City of Pittsburgh, Allegheny County My Commission E)Ores June 28, 2010 Member, Pennsylvania Association of Notaries t? Fri "a C p rn W SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00803 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK VS VARNER DAVID L R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT bu t was unable to locate Him in his bailiwick. /' AfiT T T TTTT f TTrNT T f"U He therefore returns the the within named DEFENDANT , VARNER DAVID L NOT FOUND , as to 110 BEAR HOLLOW ROAD NEWBURG, PA 17240 PER DEFENDANT'S FATHER, DEFENDANT IS IN SCI CRESSON - CAMBRIA COUNTY. Sheriff's Costs: So answers, Docketing 18.00 Service 17.60 Affidavit 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 31(?P;?? ? 50.60 WELTMAN WEINBERG REIS / 02/22/2007 Sworn and Subscribed to before me this day of A.D.