The URL can be used to link to this page

Home My WebLink About07-69824 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. CHRISTOPH FORTNEY Defendant No : 67-000a Ctv;1 I" 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 05996676 C N Pit AMT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No CHRISTOPH FORTNEY 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: CHRISTOPH FORTNEY 1925 KENT DR CAMP HILL, PA 17011 3. Defendant applied for and received a credit card bearing the account number 5178052329801605 . 4. Defendant made use of said credit card and has a current balance due of $1186.68 , as of October 29, 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 28.240% per annum on the unpaid balance from October 29, 2007 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit Ill], 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 , CHRISTOPH FORTNEY , INDIVIDUALLY , in the amount of $1186.68 with continuing interest thereon at the rate of 28.240 per annum from October 29, 2007 plus costs. James C. rmbrodt,42524 WELT INBERG & REIS CO., L.P.A. 436 Se en h Avenue, Suite 2718 Pitts ur , PA 15219 (412) 43 -7955 FAX: 41 -338-7130 0599 6 6 C N Pit AMT This law firm is a debt collector attemng to collect this debt for our client and any information obtained ill be used for that purpose. 0 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, he/she is an attorney for the Plaintiff herein; makes this Verification based upon the facts as supplied to her by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the court and the Plaintiff's Verification cannot be obtained within the time allowed for filing of this pleading, and that the facts set forth in the foregoing pleading are true and correct to the best of her knowledge, information and belief. James C. Warmbrodt,42524 05996676 C N Pit AMT I 1 Cc P tale Now with FREE Acce%rator for aje Brat 12 moirtl?st_e sgp value 7 ?r a month for rrst 3 mtutths; $9.9ti/m0. thereafter SIGN UP TODAY! 1-888-587-9669 Mention Offer Code: PEARL Or visit www.peOwepc.eonv 9o/pearl Account S Previous Balance Payments, Credits and Adjustments Transactions $756.36 Finance Charges S.00 $29.00 New Balance $18.35 Minimum Amount Due Payment Due Date $803.71 $803.71 Total Credit Line March 18, 2006 Total Available Credit $500 Credit Line for Cash 5 00 Available Credit for Cash . $500 $.00 At your service To csB Customer Rdaro as or to report a lost or 1- -903-3637 Send payments in. Send in Attn: Remittance Proceu 9uiries to, Capitd One Sank P.O. Box 790216 Cap w One ` Louis, MO 63179-0216 P.O. Box 30255 SLC, UT 84130-0255 PLATINUM MASTERCARD ACCOUNT 5178-0523-2980-1605 JAN 20 - FEB 19, 2006 Payments, Credits Page 1 of 1 and Ad [menu Transactions 1 19 FEB PAST DUE FEE A, a Specific ued Capital One customer, you are eligible to r $29.00 that recaps Your 2()05 kee so-roli 20 You have 06, to made y c lOns d urng the calendar yrear Please account?u in n8ood sta for ch"M Provided your i reserve you, our copy for this account. Orden will be maCan ilediouc 794-4487 before ng and March 31, You were assessed a y the end of April 2006 nim received b Past due f- of $29.00 on 02/19/2006 because by the duel of 02/18/2006. To avoid this fee in the your 'ntum a allow at least 7 business days for P m7ent was not recommend that you your payment to reach Capital One. EXH1131T F riance Charges Pkmeseerevxrs,Iide forirn PURC FS CASH S B dann ?e 5 • ? Pa'm' rme rrant infM711t oa .20 17665.20 .077379Gp ANNUAL PERCENTAGE 5.00 29-2496 .07737g6P 281496 118.35 C00 RATE applied thi s period PLEASE RETURN PORTION BELOW Wrl•11 PAYMENT 0000000 0 5178052329801605 19 0803710015000803719 New Balance Minimum Amount $803.71 Plra e Pa Due prm+aolad addess and are nom( yment Due Date $803.71 `/"m'd`r bt/om using blue or6larF iaE March 18, 2006 Sneer Total enclosed $ City Ape Aaoont Number: sda SI78-0523-2980-1605 Home Phone ZIP Alarnsa Phone 7 Capital One Bank P.O. Box 790216 St. Louis. MO 63179_ t n ut?nt??nt?? 0216 I1 11u8 1 111 at1 1111 tt1661 161111 it111d6111ttttlLllttlttltl #9005045326176519# MAIL ID NUMBER CHRISTOPH FORTNEY 113 W COOVER ST o MECHANICSBURG PA 17055-6434 o? peoplepc- online A better way to Internet, Poopl*: Onllne Offers all the features would expect from higher-priced Internet YOU Service providers, including: ® Virus Protection pow_ by symarttecta, ® POP-UP BlockerTm Spam Controls ® Smarter Smart Dialer Technology l? More Email Addresses ® Internet Call Waiting 28.24% r P/care toriteyour arcmenr number onlbc? cJmk ? rnan? ??++radepayable to Capiia/OneBank and rnai/ in the enr/oredenzn VERIFICATION CAPITAL ONE BANK vs FORTNEy, CHRISTOPH The undersigned does hereb v falsification to authorities, that ez* subject to the penalties of 18 Pa.C.S. Plaintiff Herein is, AMELA SINGLET Section 4904 relating to unsworn he/she that he/she is duly authorized to make this Decry' Authorized Agent, of C Complaint in Civil Action are true and correct to the best of his/hertion, and that the facts se?? ITAL ONE BANK , knowledge, information and belief. the foregoing JAMS SINGLET Notary public MAISHA DAVIS HC=Nl' COUNTY, GEORGIA P.1Y Co.f"I'A.vSSION EXPIRES %.0 1 0 OSER 24TH, 2010 5178052329801605 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. w ` ..1 00 "TJ Ll? "I r r... ?' C.) t 1 Q 4? T1't Y.,yy SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-06982 P 'COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK VS CHRISTOPH FORTNEY 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 FORTNEY CHRISTOPH but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , the within named DEFENDANT 1925 KENT DRIVE NOT FOUND , as to FORTNEY CHRISTOPH CAMP HILL, PA 17011 DEFENDANT MOVED TO FLORIDA Sheriff's Costs: Docketing 18.00 Service 14.40 Not Found 5.00 Surcharge 10.00 /.ANpn , 00 47.40 So an ' " R. Thomas Kline e iff of Cumberland County LTMAN WEINBERG REIS 12/05/2007 Sworn and Subscribed to before me this day of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. No.: 07-6982 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE CHRISTOPH FORTNEY Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5996676 e IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No.: 07-6982 CIVIL TERM CHRISTOPH FORTNEY 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 Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5996676 SWORN TO AND SUBSCRIBED before me this 0- day of '2008 CCNMI0NIA,7A? TN CF PENVS`r LVMJtA l"-8. ql Seal Wer "y L. ',3CW ,, NGtIry Public NO ARY P CRY Of Pitt. ??.r,gh, A;;..gheny County MY Comm i i"I F xmires ,luty 15, 2010 Member, Pesim X{ i< iu A;i3oxjation of Notari®s ?t rrl L - 430 - r: