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HomeMy WebLinkAbout07-1089IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. ROCHELLE NEGVESKY Defendant No: d ! ,- `Qv? lug. COMPLAINT IN CIVIL ACTION 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 05701873 C A Pit DKB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No ROCHELLE NEGVESKY 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: ROCHELLE NEGVESKY 5317 OXFORD CIR APT 72 MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card bearing the account number 4862362258482127 4. Defendant made use of said credit card and has a current balance due of $6138.80 , as of February 09, 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 February 09, 2007 . A copy of Plaintiff's STATMENT is attached hereto, marked as Exhibit "1" 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 , ROCHELLE NEGVESKY , INDIVIDUALLY , in the amount of $6138.80 with continuing interest thereon at the rate of 25.9000 per annum from February 09, 2007 plus costs. James C. WELTMAN, 436 Sev Pittsb r (412) 3 FAX: 12 0570 73 armbrodt,42524 INBERG & REIS CO., L.P.A. t Avenue, Suite 2718 h, PA 15219 7955 38-7130 C A Pit DKB This law firm is a debt collector attem i g to collect this debt for our client and any information obtained /w 11 be used for that purpose. lol First 3 months half-price { 97 a montlX 1 1 (? ?.95/mo. thereaner Now with FREE Accelerator for the first 12 months'-e 'Go value 258482127 SIGN UP TODAY: 1100, 1-877-7784207 Mention Offer Code: GARNET Or visit www.peoplepc.com/gQtgarnet wimmumpomppmqmmpmwqppom C4apiftlow Account Su Previous Balance $3,508.99 Payments, Credits and Adjustments $.00 Transactions $35.00 Finance Charges $75.47 New Balance $3,619.46 Minimum Amount Due $3,619.46 Payment Due Date June 11, 2004 Total Credit Line $2,500 Total Available Credit $.00 Credit Line for Cash $1,000 Available Credit for Cash $.00 At your service To mil Customer Relations or to report a lost or stolen -1, 1-800-903-3637 For fret online account service and speoal automer offer, log on to: www.mPitalone.com Send Payment' to: Send inquiries to: Attn: Re-tranoe Pro-ing Capital One Services Capital One Services P.O. B. 85147 P.O. B. 85015 Richmond, VA 23276 Ridmond, VA 13285-5015 PLATINUM VISA ACCOUNT 4862-3622-5848-2127 003 peoplepu online U 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 Symamec- ® Pop-Up BlockerT11 1? Spam controls ® Smarter Smart Dialer Technology ® 1 ELL QKYY "ses 4W Intemet2lCall Waiting MEC NICSBURG PA 17055-4423 APR 12 - MAY 11, 2004 Page 1 of 1 Payments, Credits and Adjustments Transactions 1 11 MAY PAST DUE FEE $35.00 Remember to use your Capital One account to take advantage of the great purchase rebate program. You were assessed a past due fee of $35.00 on 05/11/2004 because your minimum payment was not received by the due date of 05/11/2004. To avoid this fee in the future, we recommend that you allow at least 7 business days for your payment to reach Capital One. EXMBR Futanee Charges Please see reserse side for important informatio f n °m rate duo Pr.iodr ate Canryo^dug ?jCE APPR GE PURCHASES 53,309.08 CASH .07096% 25.90% 370.44 $236.25 .07096% 25.90% $5.03 ANNUAL PERCENTAGE RATE applied this period 25.90% PLEASE RETURN PORTION BELOW WITH PAYMENT Q**` 10W 0000000 0 4862362258482127 11 3619460075003619466 New Balance $3.619.46 Minimum Amount Due $3,619.46 Payment Due Date June 11, 2004 Total enclosed $ Account Number: 4862-3622-5848-2127 Capital One Bank P.O. Box 85147 ?t?ulut??tllun??tl Richmond, VA 23276 IultInI LuLilu1111111 1111111m111111 tu??utllttdltttl Plra'ep.nst-'md oddrs" _do, rmaJdim ga be! usmdbl or black ink Sheet Apr R Uuy Sate ZIP Home Phone Al-- Phone #9013377241473790# MAIL ID NUMBER ROCHELLE NEGVESKY 5317 OXFORD CIR APT 72 MECHANICSBURG PA 17055-4423 ° IruIII...Ili.... Itlu66t l u it l u tit 61 a 11111t t l tt I t 1111111 r Please unite your aomnt number on your check or money order made payable to Capital One Bank and mail in the enclosed envelope. peoplepc- online NI-11 A better way to Internet. UNLIMITED INTERNET ACCESS SIGN UP TODAY: 1-877-778-1207 78-1207 Mention Offer Code: GARNET Or visit www.PeOPIGPC.com/go/garnet PeoplePC is solely responsible for this offer, and is not affiliated with Capital One. Capital One does not provide, endorse or guarantee, and Is not afrlated with, any product or service at~ Here. Any trademarks mentioned herein are solely owned by the respective entity. Ali rights reserved. By responding to this offer, you may be communicating Information about yourself to the company that provides this product - for example, that you are a Capital One customer. `PeoplePC Online: First 3 mordhs are biped at $4.97 per march; $9.95 per month thereafter. Offer available to new dials subscribers at least 18 years of age and may not be redeemed with any other offer. Offer subject to change at any time. Phone technical support available for $1.95 per minute. 1Accelramor is free for 12 months. Offer good for limited time. After the fast 12 months, the Accelerated service wi l autornaticaky revert to the standard PeoplePC Online service. Offer subject to change at anytime. With PsoplePC Online Accelaalld, certain Web page text and graphics will bad faster when compared to standard 6" Internet service. Actual results may vary. PeoplePC Online Accelerated is only compatible with Peophi Online Internet service and specified Whdows0 browsers. PeoplePC Aline Accelerated s riot oornpaible with Windowi 95 with IE 5.5 SP2. Service not available in all areas. Access fees, taxes, and oter fees and restrictions may apply. Telephone tot charges may apply, even during trial periods. You are responsible fa determining whether a call to as of ouraaasa numbers will result in telephone toll charges. Access may be limited, especially during times of peak usage. DieEup numbers may be changed at Peoplai discretion. Continuous use subject to bmeout procedures. All use is suW to Pmp ePC Onlme4 Services Agreement and Acceptable Use Polity. 56K is the maximum speed of service; actual speed may very. C 2006 PeoplePC Inc. All Rights Reserved. PeoplePO Online and is logos are trademarks of Peopli in the U.S. and other countries. 0 2006 Capital One Services, Inc. Capital One is a federally registered service mark All rights reserved. S O N periodic rate. To obtain the average daily balance for the billing period covered by this statement, we take the begiming balance of each segment each day, add any new Itarnwcriec to each segrnalnt, and assuredam of any pathiyms ents or credits. (If the code N appears on the tr amemws nee to -Balance Rare Applied To,' we also subtract any unpaid finance barge included in the balance of sent segment.) TNa given us the daily balance c each segment. Then, we add up all the daily balances for each cegmem fa the billing period and divide by the total number of days in the billing period. This gives us the verage daily balance of each segment. 3. Arvaaat Percentage, Rates 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. LIBORI, C (Certificate of Deposit), or S (Benkcerd Prime) appears on the tram of this armomem now to the periodic rate(s), the periodic rates and corresporudng ANNUAL PERCENTAGE RATES may vary puawedy and may increase or decrease based on the stated indices, as food in The Wall Street Journal, plus the margin previously disclosed to you. These changes wilt be effective on the first day of your billing period covered by your pea. aatemant ertdng the months Jamaary, April, July and October. c. If the code O (Prime), F (1-mo. LIBOR) or G (3-mo. LIBOR Repriced Mondry) appears on the hoot of your statement next to tic periodic rate(s), the periodic rates and corresponding ANNUAL PERCENTAGE RATES may vary mon1Ny and may increase or decrease based on the armed indices, as fond in The Was Street Jounce/, plus he margin previously disclosed to you. These changes wiH he effective on the fire day of your billing period each march. 4. A..-..-* of Later, Overfmi and Retuned Pay.-* Fees. Your account will be assessed ne more than two of the tees listed here that occur during any billing period. Under the terra of your customer agreement, we reserve the right to waive or not to aseen any tees without prior notification to you without mining our right to assess the same or similar tees at a later ti me. 5.tRanewig You Awetat. If a membership fee appears on the hart of Iles sumement, you have 30 days from the dare this matermeM wee mailed to you to void paying the foe or to have such fee credited to you if you cancel your acceum.twithout he Wring this period, you may comirsa to use your accen Wg to pay the membership fee. To cancel your accoura, you mum notify us by calling our Customer Relations Department and pay your -New Balance' in full (excluding the membership fse) prior to the end of the tIbrY.tlay Aerial. 9. If You Clow Year Aeosaad. You can request to dose your accou.nt by cutting our Customer Relation Depemnent You must destroy your credit candle) end account .=am checks, cancel all peautterized baling, and coax uairg your account. If you do rim cmmi praeutheri:ad ling a,. earn-., wt will coraaider recelpt of a adaMe your aNherixation to reopen r accmum. Addidonelly, your acceud will m' dyouosetl until you pay all amours you owe us irududing: any transactions you have authorized, fimme charges, past due teen, avedimit fees, retuned Payment fees, man advance fees ant any ether fee, asxcee I to your account. You are reapourbie for ii amoasa whether tlay appear on your odour at the time you request to dose the accwu or they untanned a resin to your request close the account. This may malt in charges appearing on your eCCOUart after you have your accroant rt n nos already been cioxd. For example, if you audorized a purchase from a merchant amt we receive the trarsaMan from the merchant after your accent has been dosed, your now will be reopened, the amount of lie charge win o:= added to your account, and you win be re?auable for Payment. It mere c a membsehip fee for your account, the fee will cattirue to be charged, to the event Dermined by law, u di the ass balance has been paid in hat as defined above. 7. being Year Aaaeud.YOUr card or "Count cannot be used in connection with any imemet gambling lumarmios. BILLING RIGHTS SUMMARY On Case Of Emrs Or Questions About Your Will) If you think your bill is wrong, or if you reed more information on a oraneaction or bill, write to us on a separate sheet as soon as possible at the address for inquiries shown on the has of this statement. We must It.. from You g lateremu or than BO days other we sere you the that bill on which the problem appeared. You can call our Customer Relations number, but doing so will not preserve your rgnta. In your letter, give us the following information: your fame and account number, the dollar antaant of the suspected error, a description of the error and an explanation, if possible, of why you believe there I. error; or if you need m 'nfomation, a description of the item you are insure about. You do not haven pay any amount in quesion while vve are investigating if, but you are Still obligated to pay the parts of your bill that am not in question. WMe vve investigate your question. we carmot report you as delinquent or take any action to collect the amount you quismon. z,t Special Role For Credit Card Purchases If you have a problem with thequality of property or ences that you purchased with a credit Card end you Lens' tried in good faith to correct the problem with the merchant, you may have the right rum to pay the remaining amrxam due on the Property or earvlces, you have IN. Protection oily when the puchase price was more than 460.00 and the purchase was made in your hone mate or within 100 miles of your mailing addreaa. (If we own or operate the merchant, or if we mailed you the advertisement for the property or cervices, al oflpurMaPurchases x.) are covered regerdfese of amour w location Please tomorrow to sign all correspondence. t Does rot app1Y to consumer, non-credi( card accounts t Does nor apply to business wart-orrit card accounts Capital One supports Infomation Pdvacy protection: see our webate at www.capltalara.cem. O Om One is a federally registered service mark of Goebel Om al Financial Carporwi. All righter reserved. a 2003 Capful Om 01LGLBAK 1. How To Avoid A I`m- a Charge, tie. Ware Period, you will have a minimum grace period of 25 days without finance charge on few purciaaes, new balance transfers, new special pun ll srM new odor charges if you pay your total 'New Balance', in armrdece with the Important Norm for payments below, and in time for it to be credited by your nee statesman dosing date. There is no grace period on cash advances and special tmnetem. In eddhion, there ism grace period on any traneection if you do net pay the total -New balance.' b. Accruing Finaua Charge. Transactions which are not object to a grace period are assessed finance Charge 1) from the date of the transaction or 2) from the date the transaction is prooeseed to your Account or 3) from the first calendar day of the ounrers billing period. Additionally, if you did not pay the 'New Balance' tram the previous billing Period in full, finance charges continue to accrue to your unpaid balance =it the unpaid balance is paid in full. This means that you may still owe finance W rges, even if you pay rite attire New Balance indicated on the from of not ab axoeme tiny the next natemem closing date, but did previous month. Unpaid finance charges are added to the applicable segment of your Account. t c. Wnbmm F r aua Change. For each billing period that your account is soli to a finn-a charge, 'nimum dotal FINANCE CHARGE of 50.50 will ba imposed. If the oral finnnce charge resulting from the application of your periodic rate(s) is less than e,0.50, we will subbecr that amount from the 50.50 minimum and the difference Wit be billed to the purchase segment of your eccous. td. Temporary Reduction in Fiaerree Charge. We reserve the ght to net assess any or all finance charges for any given billi ng period. 2. Average Daily Balree Ikrekatkp New P rdasesl. a. France Charge Is Calculated by multiplying the daily balance of each segment of your account (e.g., cash advance, purchase, special transfer, and special purMa e) by the comespmdirg daily periodic rate(s) that has bean previously disclosed to you. At the end of each day dating the billing Period, we apply the daily periodic rate for each segment of your account to the dally balance of each segment. Than at the end of the billing period, we add up the. eauita of these daily calcWMiami to arrive at jour peodc finance charge for each segmad. We add an the mi"" from each segment to arrive at the total periodic finnnce t3arge br your seem. To get the tlally balance for each segrmem of your account, we take the beginning balance for each segment and add any new transactions rid a7, periodic finance Berge Calcuiated on the previous day'c les- for that cegrnem. We then subtract any payments or credits posed as of that day that are allocated to that seganent. This gives us the separate daily balance for each segment of your accent. However, if you paid the New Balance ,. on your previous statement in full (or if you new be,._ arace wee zero or a credit amount, new tranxctiona whiff poet to your plschace or special purchase aegmaaa e,2 not aaldetl to the dally balances. We Caluxlate the average dally balance In adoing all the daily balances together and dividing the sum by the number of the days in the current bilfing cycle. To calculate your tam finance charge, multidyy Year average daily balance by the daily Deriodc mte and by the number of days in the billing period. Due to routdirg on a tlally basis, there may be a slight variance between ells calculation and the amoum of finned chirge actuafly assessed. b. If the code Z or N appear an the from of this aamment next to -Balance Rae Applied To,' we muldi the Irrpertard Hotiee: Payment, you mail to us will be erected to your account as of the business day we -.I it, provided (1) you send the borrow Portion of this aretamtent am in the enclosed reminance envelope and 121 your payment is received in our processing center by 3 p.m. ET (12 man PT). Please allow at team five 151 bilaruese days for :,rimyour delive Mack ry. Payments received by us at any other location or in any other form may not be credited as of the day we receive them. Our busnw days am Monday through Saturday, excludng hdideye. Please do mt use aapl paper dips arc. when preparing your payment. When you send us a deck(.), you authorize us to make a ore-time electronic transfer debh from your bank account for the amaxmt of the fleck. This authorization applies to all decks received during the NHing cycle even it cent by someone etc. If we tomot procex the transfer, you authorize us to make a charge against you bank account using the check, a paper draft or other item. VERIFICATION The undersigned does hereby verify subject to the penal of 18 P C.S 4904 relating to unworn falsifications to authorities, that he/she is { AME) of , plaintiff 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, inform v ( ( im Q r-O W -43 ? l?V/ ? rn 0 SHERIFF'S RETURN - NOT FOUND CASE+ NO:` 2007-01089 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK VS NEGVESKY ROCHELLE 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 NEGVESKY ROCHELLE but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , the within named DEFENDANT NOT FOUND , as to , NEGVESKY ROCHELLE 5317 OXFORD CIR APT 72 MECHANICSBURG, PA 17055 CURRENT RESIDENT, HAJI, HAS BEEN THERE FOR FEW MONTHS. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: So answ Docketing 18.00 Service 9.60 Not Found 5.00 R. Th a Kline Surcharge 10.00 Sheriff of Cu erland County 00 3i(o 1 42.60 WELTMAN WEINBERG REIS 03/15/2007 Sworn and Subscribed to before me this day of , A. D. `1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. ROCHELLE NEGVESKY Defendant No. 07-1089-CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE 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. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05701873 3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 07-1089-CIVIL TERM ROCHELLE NEGVESKY 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: Attorney for P 2718 Kopper 436 Sevent Pittsburgh, / (412) 434-79'r SWORN TO AND SUBSCRIBED Iding 19 before me this - '? day ?= " J _ --? w,.y . ' t... ?'"? ?a m,?