HomeMy WebLinkAbout07-2885IN THE COURT OF COMMON PLEAS OF CUMBERLAND CCUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Flair~tiff No: ~~ - ~~~ ~~U~~~
vs.
COMPLAINT IN CIVIL ACTION
MICHELLE L MOULTON
Deter_dant FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORI? 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
05892755 C A P.it SJS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
vs. Civil Action No
MICHELLE L MOULTON
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 r_otice 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 da 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:
MICHELLE L MOTJLTON
625 MILL ST POB 203
WESTFIELD, PA 16950
3. Defendant applied for and received a credit card bearing the
account number 5570091832228677 .
4. Defendant made use of said credit card and has a current balance
due of $2871.85 as of April 24, 2027 .
5. Defendant is in default by failing to make monthly payments when
due. As sucri, the entire balance is immediately due and payable to
Plaintiff.
6. Plaintiff is entitled to the addition of interest at the rate of
25.9000 per annum on the unpaid balance from April 24, 2027 A copy
of Plaintiff's statement 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 MICHELLE L MOULTON individually in the amount
of $2871.85 with continuing interest thereon at the rate of 25.9000
per annum from April 24, 2027 plus costs.
James .~, Warmbrodt, 42524
WELTM EINBERG & REIS CO., L.P.A.
436 event Avenue, Suite 2718
Pit burgh PA 15219
(41j ) 434- 955
FAQ: 412- 38-7].30
05;92755 C A Pit SJS
This la~v firm is a debt collector att~mpt:ir~g to collect this debt for
our client and any information obtair~ied w l be used for that purpose .
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034
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034-0502
Capita/Q~°
Account $Itmmarv
Previous Balance E1,611.37
Payments, Credits and Adjusunents - E.00
Transactions + E39.00
F~inana Chazges EZS R3
NewB¢lance E1,68620
MASTERCARD ACCOUNT
5570-0918-8222-8677
JUL 03 -AUG 02, 2004
Page ] of 1
Pa}mtents, Credits and Adjustments
This message is to inform you that your account is seriously past due. Please send a payment for the amount
due or call us az 1-800-294-5737 to make payment arrangements on your account.
Transactions
1 02 AUG CAPITAL ONE MONTHLY MEMBER FEE E4.00
Minimum Amount Due E1,666.20 2 02 AUC PAST DUE FEE 35.00
Payment Due Date September 02, 2004
You were assessed a past due fee of E35.00 on 08/02/2004 because your minimum payment was not
Total Credit Line E1,100 received by the due daze of 08/02/2004. To avoid this fee in the future, we recommend that you
(Non-Kmart/Cash Portion) 51,000 allow at least 7 business days for your payment to reach Capital One.
Total Balance E1,6S6.20
(Kmart Balance) E170.01
(Non-Kmart Balance) E1,069.64
(Cash Balance) E446.55
Available for Kmart Purchases f.00
(Portion available for E.00
Non-KmardCash Transactions)
At your service
To ,all Customer Rdations or to repot[ a toss or :[oleo said:
1-800-830-7524
Veit wnw.eapitalonemm today to manage yon[ accVUn[ ordure
and receive vahuble off
Send garments to: Send ingrsicia to:
Attn: Remitrana Processing
Copiul One Servim Capitol One Smites
P.O. Box 85184 P.O. Box 85015
Richmond, VA 23285-5184 Ridrmond, VA 23285-5015
Finance Charges Pkare ree>nurm ri
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.n KMART PURCHASES 5168.09 .070%% 25.90% f3.70
NON-KMART PURCHASES 51,019.15 .07096% 25.90% 122.42
CASH 1441.52 .070%% 25.911% 59.71
ANNUAL PERCENTAGE RATE applied this period 25.9096
• PLEASE RETURN PORTION BELOW WITH PAYMENT
~~° 0000000 7 5570091882228677 02 1686200033001686201
_New Balance 51,686.20
Minimum Amount Duc E7,686.20
Payment Due Date September 02, 2004
Total endosed E
Aaount Number: 5570-0918-8222-8677
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Home Phone Alternate Phone
Fmu1 Addeea:
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Capital One, F.S.B. ~a~ MICHELLE L MOULTON
P.O. Box 85184 ~ ~ ~ ~ ~ ~ ~ ~~ ~ -+ ~ RR 3 BOX 3
r n u s t u r u
Richmond, VA 23285-5184 0 ~ wESTFIELD PA 16950-9603
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P/care rmiteyour account numbs on your chuk or money order madepayable to Capital One, F S.B. and rand in the encloiedenvelope.
1. Now To Avad A Eateries preps.
t'e. Grew Prba. You will have a mirtimtm grace period of
25 days whtaxrt finance [barge on rrew purtlnaea, new
balance narrefare, crew apedal purchases ant new otner
charges if you pay your total 'New Balance', in
eceordarrce with the Nnportam Notice ror psymtaas below,
and in time for h to be credited by your next netemem
cloakg date. There is no gram period m cosh edvaraea
ant apaiel transfers. In eddidm, them is ra grace period
m any trartxction if you do not pay the tool 'New
balance.'
D. Aearirg Fiurree Charge. Trenxmims wMdr are not
arDj t to a grace periotl are assessed finance charge 11
from the date of the tranxmim or 21 from the date the
trerreemim is procexed to your Account or 31 from the
fire[ celmdar day of the currern Mllmg period. Additionally,
'f you did rat pay the 'New Balance' from me previous
Mging periotl H 1uN, flnartce charges certriraie to accrue to
yyoauur unpaid balance trail the utpaid balance is paid in bal.
TNa means that you rosyy still owe flnanm cltergea, even if
you pay the omire New Balertce indcetad m the from of
your natemem by the rue netemem closing tlme, but rid
not W x ror the previous mornh. Unpaid finance charges
are added to the applicdae xgmern of your Accent.
t c. kpararenrr Fnsree Chrga. For each billing period that
your secant is etbjea fo a finance charge, a mirimum
total FINANCE (]LARGE of 50.60 will be imposed. If the
teal finance charge reWting from the applicatim of your
generic ratelsl is less man 50.50, we will stEtrsct that
amain Trap the 50.50 mirimtm and the difference will De
Mlled to the purchex xgm era of your accoum.
t d. Tertpaery ReWctkn F F Clangs. We rexrve the
'ght to not seers any or ell finance charges for any given
billing period.
2. Avrape Daily iSalarree Iktridaq Naw lirrateseel-
a. Rnarrce charge Is celcdated by mddplyirp tfre degy
balance of each xpnern of you accartH le.g., cash
etlvaraxr, purrmex, apedd transfer, end apeaal purchaxl
by the correyartdrrp daily periodic rate(s) that has been
previaWy discloxd [o you. At the erM of eadr day Wring
lfa allirtg period, we apply the daily periodic rate for each
segment of your actxxaa to the daily balance of each
aepnem. Tian at the eM of the Mlling period, we add up
the readta of [fame daily mlciletima to arrive n your
periodic finance songs for each aegmtm. We add ip the
resJta from each segmem to arrive at the [coal periafc
finance charge for yen accent. To Bat the daily balance
fe each xpnem of your acoun, we take tfu begindrq
baterrm for each sepnem and add any new trereatxims
and any periods finance dirge mltxrlated m the previers
day's belerrce ror that aegmem. We then wrmraa any
peymema or enadhs posted es of iMt My tits[ are alloceted
to that segmint. TMa gives us the separate daNy balarae
for each ttegnem of your acerrum. However, if you paid the
New Balarrm shown m your previous netemem in full for
if your new balerrce was zero or a credit emeriti, new
transsmiane which post to your purohax or special
puraux segntertts are not adtled to the tlafly balances. We
mleaate rite average daily bdartre Dy eddrrg all the dally
balances together and dvidng tfi sun by the number of
the days in the curnxn bilNng cyder To mlcda[e your total
finance charge, multiplyy your average daily helarae by the
daily periods rate and by 1M number of days in tfu bilarg
period. Due to rdrtdrrg m a tlaiy basis, mere may be e
di¢a variance Iretneen tNa celNatlon and tfi amount of
finance cDSrge edrilly asxsaed.
b. If the code Z or N appears an the front of thin ebtdnent
rent to "Balenm Rate Applied To,' vas muMply the
periodc rate. To obtain the average daily balance for the
billing period covered by this statemtan, we take the
begimirq balance of each aegmera rent day, etld any new
nanxctima to each segmem, and subtract any paymema
r cretfits. (It ttte Cade N appears m the trraa of tMs
stnemem nett to 'Barorrm Rate Applied To,' vre also
subtract any utpaid finance dirge iraluded in the baance
of each xpnent.) TMs gives ua the daily balance of sash
xgmorn. Then, rve add tq all the BailYY balances ror each
segmaa for the billing period and dvide by rite teal
number of days in the Mllkrg period. TMs gives us the
average daily balance of each segment.
3. Meal iarcantaga Rates IAPRI.
a. The term 'Annual Parcemage Rate' may appear as
'APR' m me trait of tMa statement.
b. If the coda P 1Prima1, L {3-mo. LIBORI, C (Certifimie of
Depositl, a S IBankmm Prime) appears m the tram of
this nsremaa next to the periods rate(sl, The periadc
rites end mrteapatdirtg ANNUAL PERCENTAGE MTFS
may vary werteriy and may irrweax or rkcreex based
m the natetl intices, ea fend in The Wed Sheet
Jowns/, give the margin preHOtndy dadaaed to you.
Tltex charrgee will be effective m the first day of your
bNlirrp pero0 covered by your periods statement en6rp
' the momhs January, April, JWY and Oaaber.
c. If the cork O IPrimel, F {1 -mo. LIBORI or G 13+no.
IJBOR Repriced MonWy) ppa the Nora of your
statement next to the perlodlc ratelsl, tM periodic rates
and mrrmspardng ANNUAL PERCENTAGE RATES may
vary mmmly arM may increase or tlecreax Dared m Ute
stated irtdces, ea kxrtd in The Wad Srroe[ Journal, plus
the margin pmviwdy dadoaed ro you. Thex cnarpea
will W ettretive m the first day of your biNirg period
a.d, magn.
4. Aaaeearnra of LMe, Overlirtrk ant ReMred Paymara Feea.
Your accent[ will he assessed no more tMn two of the tree
listed here that ocerr Wrirrg any billing period. Under the
terms of your cuataner agreement, we rcxrve the right to
waive or not to sasses any fees wither Prior nodfimtim to
yin wittaut waiving our right to assess the xme or similar
tees at a later tlme.
5.ftlanavMp You Aecaua. If a membersMp fee
ppears m the from of tNS natemem, you have 30
days trait the date tMa statement was mailed to you to
avdd paying me fee or to Mve aunt fee credted to you
if you cancel your aceoun. During tMS period, you may
contimu to ux your account vdttrour having to pay me
rrtembersNp tee. To cancel yow atx:oura, You must
nodry us by mllirq our Qutaner Rdatiau Departmem
ant ~y~rr 'New Balance' in NI lexdudinp the
p feel prior to the end of the thirty-day period.
8. n vas a:lpx Yar Aeoarnt. You con request to dnx
your aaam by cdlirp our Cunaner Rdatlma
Departmatt. You must denroy your credt mmis) end
accoun arxsss dicks, coned all preaudarized billing,
ant cease udrr8 your secant. If you do not coned
prewtfarized bllirrg amrgeirtana, wa will cauider
recaps of a drarge your atalarizatim to reopen your
accent. Adddaully, your acrxtun w)N not De dosed
ireriaNmayyw haves aunt zed, finance charges, past
due fees, ovedimit tees, resumed paymem fees, cash
advarie tees and any other fees aeaeased to your
accent. You are reapanaiMe for [lose amass whether
may appear m your secant et the time yttu raQreat to
dox the arxxrua or they am aaxrrred atibaegiunt to
your ret5in to dare the actaurc. TMa may read[ in
charms eooeadno m vour atxtxrm after you have
your account if it hea already bean doxd. For example,
if you authorized a purchex Dam a mercharn and we
receive the treraactim from me merchant aher your
account has been croaed, your account will De reopened,
fire amoun of the surge rutll be addetl m your aceean,
end you will De reapmANe for peymam. If mare I9 e
emberehip fee for your secant, the fee will corairac
to ce charged, m the ettem permined by law, unil the
sun balance hea been paid in hal as defined above.
7. Usap Yw Aecaua.Vour cab a secant coma be
esetl In canectim with any attemet gamding
traruearoru.
e. Notice About ENabanie frieck Conwrsut. When you
provitle a check as payment, you authorize ua ehher to
ux information from your check to make Bone-tlme
electronic find verreter from you bank arxxxra or to
pra:esa the payment es a check treraumim. When we
information from your check to make an demroac
hub tranaler, battle may be withdrawn from your bank
secant as soon as the xme day we receive your
paymrsn, and you wig rat receive your check beck trait
your firurtaal irretitution.
BILLING RIGHTS SUMMARY
Iln Cex Ot Errors Or Ouenioru Abcu Your BiIN
If you think your bill is wrap, or if yw need more
intomutim m a trerramim or bill, wme to ua m e
aeparne sleet se soon ac poa®Ne st the eddr ror
irtparire shown m the tram o} LMa satement. We must
hear from you no Ister than 80 days aher we sent you the
first bill m wMch the error or probem appeared. You can
cep cur Customer Rdniats number, but thing so wig not
prexrve your rights. In your lever, give us the tdlowirq
information: your name and eccaua number, the ddlar
emaurn of the suspected error, a descriptim o7 the error
ant an expiarudm, I1 poadMe, of why you believe mere is
or if you need more information, a descriptim of
the item you ere uuitrc shoo. Vou do rat have to pay any
amern in quenim while eve are invenigatirp h, bin you
are nal obggated to pay the pens of you big mat are rat
in question. WMIe we investigate your question, we mnnot
report you as delinquent or take any adim to cdlem me
amen[ you gtrenim.
i,t Spedal RJe For Credit CaN Putlaxa
It you have a problem with the quality of prapeny or
' re mat you pucheaed wim a credt mm and you
have tried In good fahh to correct die problem with the
mecham, you maY have the right not to pay the remairirrq
amain due m tM property err xrvicea. You have tNa
4 O.OOaarrd [then the puniieae price was more than
purcMee was made in your lame sate or
within 700 miles of your msifrrg address. 11f we own or
aperete tli mercham, or If we mailed yea the
advardaemern for the property or xticea, dl purchases
covered rogerdeas of emoum or locetim of purchase.)
Pleax remember to sign all cerreapoMerrce.
t aces nor apply m consumer non-rrede card accounts
3 Does not appty ro business non-rss~ir ceN accas#s
Cepkd One attpporta inrormatim privacy prmectim: see our
webahe at www.mp' alone.can.
Capital One is a federally reginered xrvice mark of Capital
One Fnencial Cprporatim. All rights rexrvad. o T003
Capital Ore 01 LGLBAK
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530515
Irrpalant Notice: Paymerns you mail to us will be credtetl to your attotrn as of the buairass day we receive it, provided 111 you send the bottom portion or ttNS aretemrun ant your click
in tli et1cl08ed reminance envelope ant (2) your payment is received in our pntcesdng caner Dy 3 p.m. ET 112 ram PTL Pleax allow at least five {5) budrias days for postal delivery.
Payments remivetl by w at anY mbar locadm or in any aher Corm may not be credited as of the day we rrnxive them. Our btrairtex days am Mmdey thragh Sawrdey, eudtdrq hdideys.
Pleax W not trx staple paper tlfpa etc. when preparing Maur paymem. When You aerrd w a dickls), yin eWarize us to make a ai-time elearatic transfer debit tram your bank
eccwn for the emourc of me sack. This etatarizetim app4es to all checks received Wrirrg me Mllirrp cycle even if xm by someone else. If we cervrot prmess tfu trerrfer, you authorize
ua to make a charge agaimt your bank aceoum using the check, a paper drab or other 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 Sara Rubin
_ (NAME)
Agent o ~~' ~~l~i,~~~~~~intiffherein, that
(TITLE) (C MPAN~
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,
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
MICHELLE L MOULTAN
Plaintiff
vs.
MICHELLE L MOULTON
Defendant
No.: 07-2885-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
PA I . D #42524
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#05892755
• ~.
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
MICHELLE L MOULTAN
Plaintiff
vs. Civil Action No.: 07-2885-CIVIL TERM
MICHELLE L MOULTON
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 Plaintiff
2718 Koppers Buil ing
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#05892755
SWORN TO AND SUBSCRIBED
before me this ~ day
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