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HomeMy WebLinkAbout07-6731v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. SANDRA L ADAMS Defendant No: 07-673/ 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 06155042 C N Pit DKB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No SANDRA L ADAMS 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 140 EAST SHORE DR GLEN ALLEN , VA 23059 2. Defendant is adult individual(s) residing at the address listed below: SANDRA L ADAMS 504 QUAIL CT MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number 4121741512918769 . 4. Defendant made use of said credit card and has a current balance due of $4028.29 , as of October 10, 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 October 10, 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 , SANDRA L ADAMS , INDIVIDUALLY , in the amount of $4028.29 with continuing interest thereon at the rate of 25.900% per annum from October 10, 2007 plus costs. Jame . Warmbrodt,42524 WEL WEINBERG & REIS CO., L.P.A. 43 Se enth Avenue, Suite 2718 P' tsb rgh, PA 15219 ( 12) 34-7955 12-338-7130 615 042 C N Pit DKB This law firm is a debt collector a pting to collect this debt for our client and any information obtai ed will be used for that purpose. eoplepc- online p u A better way to Internet. ..J Swi 4P to • 5x fasterl4?f ? FREE Accelmut r for ft Brat 12 mantfis+-a SW va0eef 1-888-587-9669 41 • • Mention Offer Code: DOLLAR Visit www.peoplepc.com/go/dollar ow UNLIMITED INTERNET ACCESS PeoplePC Online offers the features you would expect fro m highger-priced Internet Service Providers, includin: T Virus Protection powered by Symw tec- ® Pop-Up Blocker"m Spam Controls ® Smarter Smart Dialer Technology ,Mp { More Email Addresses ® ?i Intemet Call Waiting ,Vf I?• Account S Previous Balance $1,936.76 Payments, Credits and Adjustments S.00 Transactions $64.00 Finance Charges $42.28 SILVER VISA ACCOUNT 4121-7415-1291-8769 NOV 28 - DEC 27, 2003 Page 1 of 1 Payments Credits and Adjustments Transactions 1 28 NOV OVERLIMIT FEE 2 27 DEC PAST DUE FEE New Balance $2,043.04 Minimum Amount Due $2,043.04 You were assessed a past due fee of $35.00 on 12/27/2003 because your minimum payment was not Payment Due Date January 27, 2004 received by the due date of 12/27/2003. To avoid this fee in the fixture, we recommend that you allow at least 7 business days for your payment to reach Capital One. Total Credit Line $1,200 Total Available Credit S.00 Credit Line for Cash $1,200 Available Credit for Cash $.00 At your service To adl Customer Relations or to report a lost or stolen c.rd: 1-500-262-1493 For fra online account service and special automer offers, log on to Send pgmaib to: Send inquiries to: Attn: Rewire- Prooming Caprtil One Servim CROW One Senua P.O. Box 85147 P.O. Box 85015 Rkh-d, VA 232,76 Ridunond, VA 23285-5015 OHM; $29.00 35.00 Finance Charges Pleam Ja revem side for intolmd inform ion Belz- f i P en "- Cw?ar?a wa dPR P - - r yAfl cog lto re e ' ' f ?e PURCHASES 61,986.12 .070%% 25 .9M 94228 CASH 9.00 .07096% 25.90% 6.00 ANNUAL PERCENTAGE RATE applied this period 25.90% PLEASE RETURN PORTION BELOW WITH PAYMENT. CAPff 'Vf'le• 0000000 0 4121741512918769 27 2043040036002043040 New Balance $2,043.04 Minimum Amount Due $2,043.04 Payment Due Daze January27, 2004 Total enclosed $ Account Number 4121-7415-1291-8769 Capital One Bank P.O. Box 85147 Richmond, VA 23276 11111111 111111riluIIIIIll IIsuIInr11pill IsuIIusIII I I III I II Pharr friin •sailiad adorn and?u e-mail ehngn brlom-1 blar o b1a,F ink Sant Apt # Cry Scae ZIP Home Phone AIDernate Phone #9036267326560848# MAIL ID NUMBER SANDRA L ADAMS r^ : 203 MARLETTE DR a MECHANICSBURG PA 17050-2915 L ° r Pkaie Tmtepw mmxt nawsber ors rw eberk or monry order made fayabk to Capital 0 ne Bank and mail in the enlaced mvdok- peoplepu online A better way to Intemet. UNLIMITED INTERNET ACCESS Irmim 1-888-587-9669 now Mention Offer Code: DOLLAR Visit www.peoplepc.com/goldollar PeoplePC is solely matoo nable for this offer, end is not affiliated wnh Capital line. COW One does not pmvdde, endorse or guaren6eg and is not Allated with, any product or service shown has. Any trademarks mentioned herein are solely owned by the respective enuty. All rot reserved. By respoming to this offs; you may be comma icaling information about ycSaelf to IM company Orel provides this product - for etanyte, that you are a Capital One customer. *PeWlePC Ofilyw first 3 mordre we billed at b4.97 per moon; $9.95 per month thereafter Over available to now cmi- p subecribers 9 West 18 years of age and may not be redeemed with any Wier offer Offer abject to change at any Arne Phone technical Support available for $1.95 per mete. tAcceleator is awe for 12 momhe Offer good for fanned time. After the fast 12 moots, the Accelerated service Isil automatically revert to the standard PeoplePC Online service. Offer subbed to change it arylrne. With PeoplePC Orissa Accelerated, certain Web page text and graphics will load faster when compered to standard did-up Internet Novice. Aarsl mauls may very . PeopWPC Online Accelerated is Only mrtpatble wish Peol Ovine Imtmetaev ce and spedfied Windowsill brumes. PeoplePC Ovine Accslerated is not compatible with Wmdmv ® 95 with FE 5.5 SP2. Service not available in all amen. Access lees, taxes, and otter fees and root diors may apply. Telephone toll charges may apply, even during oral periods You are hesparsbW for daternomrig Maths r a call to one of our access numbers will msuft in telephone td charges. Access may be limned, aspec ay during ernes of peak usage. Dial-red numbers may be chased at PeoploPM dscrshort. ContoWN; use s W to timleout procedures. All use is abjea to PeopINIPC Onus's Services Agreement and A=epW* Use Policy Sri( is the mmurnUm speed of service; a" speed may vary. 0 2005 PeepePC Inc. AN Rights Reserved. PeoplopC Onl and Is kgm are trademarks of PwplaPC in the U.S. and other courdries. 0 2005 COW One Services, kha Captal One is a federally nigissamilt service mat AN lights reserved. t? S 8 0 O N N periodic rata. To obtain the Swingle dolly balance for the bit peFiotl rovered by this Stananrmam, we its is besrrig balance if each aegmam met: day, add my rnew transactions to each ae?rwn a i subtract any payments or credits. IN the code N appear on the from of the summations next to 'Balance Roe Applied To,' we also subtract sly upold firrnce change inckrded in the balance of each aepnem.) This gives u the daily balance of each Then, we Add tip all the dally bola cum for each segment for the billing period and divide by the total mornber of days in the bNleg period. This gives us the average doily balance of each segment. 3. Antani Paeadaga Rata IAPI11. a. The loth 'Arscrl Percentage Rate- may appear as 'APR' on the from of tits stommem. b. If the cods P (Pons), L (3-rno. UBOR;, C ICertftcom of Deposit), or S (Barlkram Prime) appears on the from of tee Statement rem m tr periodic malls), the periods term and zvoponcrg ANNUAL PERCENTAGE RATES may very qurn dy arrhldd may irraeaas or c1mraaae based m the mated Irncoss, es fond in T. Wok Street JovsrN, plus the margin Previously disclosed to you. Than changes we be effective on the em day of your baling ? Jcovered ?sry, b yo ray and te sing in the c. If the code D (Prime), F I I-mo. LIBOR) or G 13-rm. UBOR Repdcod Momfiy) appears on the from m your sutemam nso to the :,medic mt*Z the periodic rates and corresponding ANNUAL PERCENTAGE RATES may nmomNY Arid huY irM or decrease based on the vary sutad irdcas, ss fans n T s Waa sbset ,wrens! pies the margin previously disclosed to you. Than changes will be effective on the Am day of your bums period each month. 4. Assssmwand of Late, OvarNmh and Raaarrd PNawe t Fees. Your Account will be messed no more than two of the fees hoed hare that o cu r during any tiling period. Under to forms of your customer Agreement, we reserve the rise to wive or rot to none any foss without prior rodficeion Po without waiting our right to assess the some or similar at a later time. 5. You Aaaerad. If a membership fee appears m the front of this Statement, you have 30 days him the date tis statesmen ens maned to you to avoid paying the be or to have such fee crocked to you if you uhcst your account. During this period, you may cmatmr m tw IF account without having to pay the membamsiip fee. To cas your rlcceurt, you must notify w by calling ourmCusmrr Relations Department and ley yar New Balance' in Ain (excluding the menbsrsrap meal pd., to the and of the thiity-dsy Wind. 6. N Year Coss You Aesaat. You can request to dose your accwa by cauhg our Customer Relations Depamme t. You mast destroy You credit camMs) and account actsu darks, cancel all preauahomiz.1 bong, and cone uairq your account. IN you do not csncel prenatedz biling arrangements, wws will earlider receipt of a dupe your stahodzation to reopen your your request to class the account. your accours clrrgss appearing m your 8CMUM after YOU how account. Additionally, your acoase will not be dosed uwN you pay all srmlotnm you owe us kndud{ng: my trerrau:tons you haw aWOAZed, ikhmce eharges, past Nney appear on due feu, ovadimh fella, retumrned WY^mt tass, caalh adwnbe feu and my odrr fans assessed to you account. Yoh are your oCotme taor the Flats you Factimser r tear smarts items to don ft account or tfr?y a kwured eabseghen to - This you if ha median as a ? merchant For and we s, if y receive the trannctlm from the merchant after your account has been dosed, your account wit be impaled, the amour of to dugs VAN be added to your account, and you will be rsapensibk far payment. If term is a membership fee for your accost, the fee will commas to be themsd, to lhne commit permitted by paw, chap the scrum belor lull been paid in full as deAlhed abode. 7. usig Yourectdm w A =1t.YM- card or account carrot be [sad n corith any I temet gambling transactions. 8. N,l Abed Electronic Cheek llormedmh. wmarh you provide a check as payment, you authorize us either to has information from van dock to make a one-time electronic And trsrrlsr ban your bank atxous or to process the payment as a chack transaction. When we use information ban your deck to make an electronic find transfer, fads they be whirrs- fore your bw* scrum u som as the same day we receive your you woe nil receive your deck back from payment, and nrrthuien. your Anarhdal BILUNG RIGHTS SUMMARY tin Can Of Eirms Or deNors About Your BIN) If you think your bill is wrong, Or if you need mom information m a transaction or blN, wits to us on a sapatata aim as soon are possible n the address for mhqutpin shown on the het of this statement. We mum hear =V= later then 80 days after we we you the first to error or problem appesmd. You can call Our C rtemel Relations rtanber, but doing so will not Pne,emhe your Insyarn lets, aw t. to talo a,rV xrfommatiin: yourh+wa. ram and acccum raanber, tlhe dolla amert of the suspected errs, a description of the error and an a omatim, It passible, of why you believe there is an error; or if you need more nfmnaton, a description of tha hem you tiro uwse about. You tin not Mw to pay any ahwmoVH n ghhe?frm writ woe curs invoodgmV h, but YOU are sup obligated to pay the Parts of your_ that am not n tp[restiorh. WNM we rrwreangale you gtration, we cannot report you ss deirlqurnt or aloe my aeton [o cdlact the amount you question. t,t Special Rule For Crest Card Purchases If you haw a problem with the quality of property or services that you purchased with a credit cam and you have tried in good tahth to correct the piiblem with the marchers, you may have the Fist not to pay the ramakeng amount due on the property or services. You have this protection relyy? who to wrdrw rce our. more then $50.00 and the pu hdm* ours modpem your home sate or within 100 miles of vas making address. (If we own or operate the merchant, or If we mated you the advertisement for the property or Services, all punthaess am covered re(perdess of amount or locatim of purchase.) Plesae mores r to sign all correspomdaihca. t Does not apply to croramer nom-creak card accounts t Dolls nor apply to bushress non-cvadit card accounts One Supports nlormation privacy protection: we our at -ca akm.can. One is a may r%fftemd Service mark of Capital uncial Corporation. NI dsKS reserved. 0 2003 One 01LGLBAK t a Grata Period. You will have a mi imun grace period of 25 ma without f rance charge on new, purchases, new balers trsrrfers, new special purduses and in w mMr duress N YW paY You[ Pohl 'New 8iaoe', in atcardrlca wlnh the knportam Nolare for payments below, and in rime for it to be crocked by your mint natemant doting dine. Than Ism grace period on cash advances and apecist tnestaR. In addition, them In no grate pmkid on a N iranesetian if you do not pay the total "N- balance.' b. Aeewrg Favorite drags. Trardscrome which am to fio nssytlls dine of t ?rtrarlwctan or21 from the dater the l ts, ..don b processsd to Veto Account or 3) ban the Am calendar day of the current billing period. Additionally, if you did rim pay the 'New Balance" from to previous MNing period in full, Athena charges cerakar to ax:me to your unpaid balance and! the unpaid balance In paid in full. This moms tit you mayy ate owe imrrca Wgu, even if you pay the mum Now Bstance mdntad m Air tan of Your r do n so for rr On previous month- lmpNE anaoee charges am Added to to appN?lf sepnttn of your AccaUm. t c. Minimal Fblmra r9lmga. roe oath 1-g period AM your account is subject to a Anarlce charge, a midrmah tool RNANCE CKARGE of $0.50 we be imposed. If the total inane dupe motiftft from #0 application of your periodic malls) is less don 0.60, we will Subtract thin amount from On 00.50 minimum And the difference will be billed to dr pukNrss ss?ha[ of your account td. Tsapanmy Rairanlen In Fine dumps. We reserve the Fight topnnootdnames any or all Ansnce charges for any given 2.:i.= Way isk w IY?Mk - New P rdrtml. a. Rrlmlce charge is calculated by multiplying the daily balance of each Segment of your accoum WEI- cash advance, purchase, aPe , trarfat, and special pud arse) by sir cormspahding daily periodic ruts) that has been PrOVilmilly, disclosed t me bill g period, we apply Air daily periodic rate for each spnan of your sapurm W the daily balance, of each aepmem. Then at the and of tha filling period, we add up the rests m throes daily calculations sr.ddyout periodic Ansince charge 0. each upr c results from each Fragment to am s total Periodic i mrloe charge tar your acme t. To get the daily balance for each esgrrrsm of your account, we take Ale besmimg believe for each sagmem and aH maryy rm w trwrsctiorhs and arty ppeeriodic Nnance charge calculated on to previous day's balrnoA for that segment. We than subtract any payments or cracks posted as of that day thin am allocated to than Segment. This shoe us the Separate daily balance for sadh Sspnsmmt of your account. fbwever, if you paid to New BNarve sown m yourzerePheviehhs patannat antn fun (or 11 You mew balm rhca wsa a • cedt av), new, trarracdanr which post W your purchase or spacial purchase ssgmenta are not added to the daily bNances. We -1culm the average dally balance by adding AN the daily balances tognher and dividing the auto by the number of the days in the current blurs cycle. To caudate your total firimca dupe, multiplyy yen average daily belanos by the deity periodic me and by the number of days in du billing Period. Due to rouhdng on a dNy bols, them may be mot slight wits"ce hatween die calcttstipn and the ainiunnt of finance charm actually essesssd. b. If is cods 2 or N appears on the from of this statement next to 'Balance Rate Applied To,' we multiply the 5443M Immpetat Nodes: Your payment will be credited to your sx:out as at the time we mciw it, provided you send the bottom portim of this statement and your deck in the endossd rhrmnittanc?e envelope, am your wyerrm le eceived inh our Psocesishg ranter by 3 p.m. Paymans adtlressad to our tArsrsa ot Oeaghe procssirq roman must be recetetl on • heiress uy by 3:00 p.m. ET. Psymthrss addesssd ko our WAaNnson procssWg tenter rmrt ba glcahvad m a haloes deY by 3:00 P.m. PT. Plesae stlow at lun Aw f61 lxrWhsss osri for postat tlilwry. Paymams rscaivhxl by us at wry other location a n motfsr fore maY rot be eredi[M the same day we rrrcoiw then. Our buinoss dsys am MmdsY txouah Sm+NaY, euiuerg hdideys. Pisass ba hie we st?pbs paper dkr ale. vrhan propsrkg you paymet. Wham you sand us a drektal, you ahMoFize us to make a ee-Ume electmmic lrsmrfe debit from your a.Fiz. beck aeeotan fir rho snout of tr deck Tits auModzaticn spill es to all dhodu received dudrh4 the bNikg cyder own if amt by aanecne dare. If our camot Proteea tie tmrWer, you us to make a dhagp apairvl your bars accctat [slop rho deck, a paper dreh or o[har rtsm. VERIFICATION CAPITAL ONE BANK vs ADAMS, SANDRA L The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that he/she is, MAISHA DAVIS, Authorized Agent, of CAPITAL ONE BANK, 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. MAISHA DAVIS ZPotaryu is 4121741512918769 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. Tr :10My Public Crwin 0Cceelp,(M*- CaM,igiM Expim Sept 186 2010 r-3 Lea 4?,.r irrs'. W? r fi : earl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. SANDRA L ADAMS Defendant No. 07-6731 CIVIL 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#06155042 , IM I r ,\ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 07-6731 CIVIL SANDRA L ADAMS 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 fo PI intiff 2718 Kop e s Building 436 Sev nth Avenue Pittsbu gh, A 15219 (412) 34-7 55 SWORN TO AND SUBSCRIBED before this ) D day of 2007 T ^Y P IC 0-0010 "NOC a -ft6 uron,r.,?.;t,, F. . nm n x ?res J : :1,2= ?'") t'? ....t ? ?.«?" ?.? 1 . -? f g- 7 ?? E ? .""` ?(` w 1. i i';) ;; j" .:j ` ?t. ..,..,.i ._;;w SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-06731 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK VS ADAMS SANDRA 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 ADAMS SANDRA L but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , the within named DEFENDANT 504 QUAIL CT ADAMS SANDRA L NOT FOUND , as to MECHANICSBURG, PA 17050 PER HUSBAND, DEFENDANT DIED 11/6/07. Sheriff's Costs: So answers.., r Docketing 18.00 ? ., Service 10.56 Not Found 5.00 R. Thomas -1-ine Surcharge p'l 10.00 Sheriff of Cumberland County ? ??"` .00 `?y?,?,(`? 43.56 WELTMAN WEINBERG REIS 11/28/2007 Sworn and Subscribed to before me this day of , A. D.