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HomeMy WebLinkAbout08-0069j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: d$-(c? Civil -"e.r,n VS. COMPLAINT IN CIVIL ACTION WILBUR C CHAMBERLIN 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 06139555 C A Pit BNT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No M-Gq WILBUR C CHAMBERLIN 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: WILBUR C CHAMBERLIN 75 DEADEND LN SHIPPENSBURG, PA 17257 3. Defendant applied for and received a credit card bearing the account number 4862362431181265 . 4. Defendant made use of said credit card and has a current balance due of $1510.21 , as of December 05, 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 December 05, 2007 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 111" 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 , WILBUR C CHAMBERLIN , INDIVIDUALLY , in the amount of $1510.21 with continuing interest thereon at the rate of 25.900% per annum from December 05, 2007 plus costs. James Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 ve th Avenue, Suite 2718 Pitt bur h, PA 15219 (41 ) 43 -7955 F 4 -338-7130 06 39 5 C A Pit BNT This law firm is a debt collector at ting to collect this debt for our client and any information obtairWd will be used for that purpose. • -4y peoplepa- online u A better way to Internet. 5x fasterith FREE Accelerator to:_ Surf up to W tafist12trmftt-as60vMW 1-888-587-9669 Mention Offer Code: DOLLAR Visit www.peoplepc.com/go/dollar 003 UNLIMITED INTERNET ACCESS PeoplePC Online offers the features you would expect from higher-priced Internet Service Providers, including: ® Virus Protection powered by syrtlantecrM ® Pop-Up Blocker- j Spam Controls Smarter Smart Dialer Technology More Email Addresses 4W ( Internet Call Waiting Capital ow Account Summary Previous Balance $813.70 Payments, Credits and Adjustments $.00 Transactions $29.00 Finance Charges $17.50 New Balance $860.20 Minimum Amount Due $860.20 Payment Due Date January 13, 2005 Total Credit Line $500 Total Available Credit $.00 Credit Line for Cash $500 Available Credit for Cash $.00 At your service To ail Cmtoma Rdetiono - to report• Im or n la -d.. 1-500-903-3637 Sad Payments to: Send inquiries to: Attn: Remittana Promsing Capital One Services Capital One Servien P.O. B. 85147 P.O. Box 85015 Richmond, VA 23276 Richmond, VA 23285-5015 Important Account Information It's Capital One Bowl Week time again! Tune in to ESPN, ESPN2, and ABC starting December 14 for the best in post-season college football action, to see your favorite teams fight for bowl championships, and for college football's ultimate prize; the BCS National Championship. And on New Year's Day, be sure to rune in to ABC to watch the Capital One Bowl and see which mascot is crowned the Capital One National Mascot of the Year! EXHIBIT Finance Charges Pleme see remerre ride for important information Bal-rarr P-A C .po,.d g FINANC$ .pp/vdto lair APR PURCHASES $348.17 .0709696 25.90% $7.41 CASH $473.94 .07096% 25.90% $10.09 ANNUAL PERCENTAGE RATE applied this period 25.90% PLEASE RETURN PORTION BELOW WITH PAYMENT C gmVail0w' 0000000 0 4862362431181265 13 0860200000000860200 Pirasrprint-ditigadd--&or rmai hing,,kl acing h/a<orb! kick New Balance $860.20 Minimum Amount Due $860.20 Sneet Apt, Payment Due Date January 13, 2005 City Srar< ZIP Total enclosed $ Home Phone Al.-. Phony Account Number: 4862-3624-3118-1265 p #9034994112157511# MAIL ID NUMBER Capital One Bank WILBUR C CHAMBERLIN r P.O. Box 85147 75 DEAD END LANE 1 Richmond, VA 23276 m SHIPPENSBURG PA 17257-8619 IttltlnIIIIIIlllnt616tIIt111 lll1 11 111111166116111111111 ° Pleare turiteyour amount number on your clerk or money order made payable to Capita/ One Bank and mail in the enelorede lope. PLATINUM VISA ACCOUNT 4862-3624-3118-1265 NOV 14 - DEC 13, 2004 Page 1 of 1 Payments, Credits and Adjustments Transactions 1 13 DEC PAST DUE FEE $29.00 You were assessed a past due fee of $29.00 on 12/13/2004 because your minimum payment was not received by the due date of 12/13/2004. To avoid this fee in the future, we recommend that you allow at least 7 business days for your payment to reach Capital One. peoplepctw online %--/ A better way to Intemet. UNLIMITED INTERNET ACCESS 1-888-587-9669 . , Mention Offer Code: DOLLAR Visit www.peoplepc.com/go/dollar 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 affiliated with, any product or serrcz shown here. Any trademarks mentioned heroin are solely owned by the respective entity. All 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 Onikre: First 3 months am billed at $4.97 per month; $9.95 per month thereafter. Offo available to now dial-up subscribers at least 18 years of age and may not be redeemed with any other offer. Offer subject to charms at any time. Phone technical support available for $1.95 per minute. TAccestretor is free for 12 months. Offer good for limited time. After The first 12 months, the Accelerated service will automatically revert to the standard PeoplePC Online service. Offer subject to charge at anytime. With PeoplePC Orlin Accelerated, certain Web page text and graphics will bad faster when compared to standard dle1-up Internet service. Actual nuuhs may vary. Peop]ePC Online Accelerated Is only compatible with PeoplePC Online Imenretservice and specified Wmtlows@ browsers. PeD*K Online Accelerated is not compatible with Windows@ 95 with IE 5.5 SP2. Service not avail" in all areas. Access fees, taxes, and other fees and restrictions may apply. Telpthone toil charges may apply, even during trial periods. You are responsible for determining whether a call to one of our access numbers will result in telephone till charges. Access may be limited, especially during times of peak usage. Dskp numbers may be changed at PeoplePC's discretion, Continuous use subject to tim9ulf procedures. AN use is subject to PWplePC Orineb Services Agremrem and Acceptable Use Policy. 56K is the maximum speed of service; actual speed may vary. 0 2005 PwplePC Inc. All Rights Reserved. PeoplePC Online and is IWS are trademarks of PecplePC in the U.S. and other countries. 0 2005 Capital One Services, Inc. Capital One is a federally registered service mark. NI rights reserved. 8 O N i I 8. r but T a. grew period. You will have -a minlmum grace period of 25 days without firence charger on new purchases, new balance transfers, new Wedel purcheaea and new other charges if you pay your total 'New Balance', m accordance with the important Notice for payments below, and in time for It to be credited by your rext statement dosing date. There I. m grace period on cash advances and special transfers. In addition, there ism grace period on any traraection if you do not pay the total 'New balance.' b. Aeerutiq P -- Change. Transactions which are net seq.t to a grace period are assessed finance charge 1) from the date of tha tramsection or 2) from the date the transaction is processed to your Accoun or 3) from the first calendar day of the current Using period. Additionally, if you did not pay the *New Balance' from the previous billing period in full, finance charges comMw to oceme to your unpaid bedsore on it the unpaid balance I. paid in full. Tale mean that You may still owe fin-co charges, even if you Pay the mitre New Balance Indicated on the from of your statement by the next statement dosing dote, but did not do so for the previow month. Unpaid finance charges are added o that appYcable seorsm of your Accent. t c. aakhknerrn Finrhae Ousgs. For each betirg period the[ Your account is suhb)ect TO a ,!,- charge, a m mum total FNANCE CHARGE of 80.60 will ha imposed. If the tonal finance charge nowltl from the application of you periodc retels) is lees dsl 80.60, we will subtract thstr mart from the 80.50 minimum end the dfferertce will be billed to tun purchase segment of your accent. t d. Tenparry ReButish In Fkunsa Change. We .w_ the ght to not assess any or all fimme charges for any given 2. Averps D? bitting ppeeclod.6 Wwa I Mated by pumhassal. the a. Finance o?ge is calculated of y cclouing ng the daily balance of each segment of your r errant le cash advance, purchase, special transfer, and special eel by the sly dis las daily periodic ste(a) that ha. been s bent previously disclosed ed to you. the and io each day rairst th cg that filling period, we apply the he daily periodic rate for m cg segment of veer accent to the daily balance of each $=am. Then at the and of the billing pedod, we add up that results of them daily calcul tors to arrive st your periodic fireme Burge for each segmantt. We add up that sects from each segment to arrive et the tonal periodic fireme charge for your eccouam. To get the dailyy .1-ce for mitt will ment of your account, we take the beginning bolame for aech segment and add any new, trarsectlons rid any periefic finance charge calwletnd on the previwa day's balance for that segment. We then Subtract any payments or credits posted as of tiwt day that ere allocated fort sapnant. Tuts gives w the separate doily balame sepneM of your ecewn. However, if you p Td the Now Balance shown on your previous statement in lull ull (or if Yonr new, bbalance was zero or a credit aoeanl, new trarsectloaa welch post to your purchase or special Purchase cell . :e m[ added to the daily balance). We celculata tic average deity bedance by adding all the daily balamea together end cavilling tot was by its number of the day. In the current billing cycle. To caledate your total finance charge, multiply you average daily balance by the daily periodic rote end by the number of days in the billing period. Due to readrg on e dally hair, there may be a Nigh vadame between tut) calculation and The amount of flnsme char actually assessed, b. If the coo Z or N appears on the front of the statement mM to -Balance Rate Applied 7o,' we multiply the caltlg person Ceveree by flea statement, we take the begimng balance of each segment men day, add my mw [ransact lbns to Own segment, and slbtrect My ymfmts or credits( If the code N appeernsAp the from of lute statement next to 'Balance Rata mplied To,' we also subtract any unpaid finance charge included in the balance of each sepnem.) This gives w the daily balance of each segment. Then, we add up all the daily balarmas for mch segment for the billing period and divide by the total number of days In the billing period. Tuts gives w the avers daily balance of each segment. 3. A .1 Parentage Rates IAPIRI• a. The term -Annual Percentage Rate- may appear as 'APR' on the front of this comment. b. If the code P (Prime), L (3-mo. LIBOR), C (Cenificme of =!,.,r S (Benkcard Prime) eppw on the from of ant mm to the periodic rate( s), the pedodc raise and corresponding ANNUAL PERCENTAGE RATES incre se, or on ythe mated rtndiThy - as ffo nit naTh. Wag Streethaeed Journal, pun the margin previealy declared to you. These changes will be effective on the first day of your billing period covered by your periodic statement ending In the months January, April, July and October. c. If the code D (Prime), F 0-me. LIBOR) or O (3-mo. LIBOR Repriced Mom"") apps on the tram of your statement next to the pedodcwrete(a), rhs _ of rates and correspaMnp ANNUAL PERCENTAGE RATE they vary monthly and may increase or decrease, based on the stated nitres, as foul in The Wetl Sirmt Jounal, Pke =led previously disclosed to you. Than changes will be effective on the first day of your billing period each mash. d. Assessment of Late, OvrlknK and RNren lit Payment Fees. Your accourm will be assessed no more than two of the fee. lined here that occur doing any bi" period. Under the term. of your customer agreement, we reserve the right to waive m not to mamas any for witfcut prior mtlflcation to you without waving ous tight to maleas the same or similar fens at a later time. 5.tfies Yeu Aosrud. Ii a membership ion ppesm - that front of this statement, you have 30 days from the Wte this am are was =led to yen to avid paying that fm or to hove such fm credited to you if you camel Your aceauM. During this period, you may continue to we your account without having to pay the membership fee. To cancel your accent, you must notify us by call kg er Customer Rdetlons Department and pay yyOur *New Balance' in full (excluding tie memharsNp fee) prior o the and of tto thiny-day period. B. If you clove You Aeaouad. You can request to close you eceouam by calling our Curtaner Relations Department. You must destroy your credit calls) and .ccount access checks, camel all preauthodzed billing, and team using your atxxtum. If you do not camel preachaI billing arrangements, we will consider receipt of a charge yea Authorization to reopen your amount. ArtltionellY, your account will not be dosed umil You pay all emaarta you owe us ncludirg: any tranamees you have awho&erl, finance charges, past due fens, a- 1, it roes, returned payment fens, cash advance fma and any Other ions aesesaed to Your account. you are responsible or these am- whether they art on your account at the dime you request to dose the aceaunt or they are Incurred aubaegwnt to ?hanges appeetrim on vour accolart TMer m vou y react in cl your ecccum If it has already been closed. For ammple, Mai" the tomentionfrfrom he merchant after yyour Accent has been dosed, Your accent will be reopened, the mourn of the char4qee will be added to your accent, and yyoouu will be responsible for payment. If there is a a mberaNp fee for your account, the fee will commas to be charged, to the extant pemltted by law, until the ceoum balace has been paid in full es defined above. 7. Using You Aewud.Your card or aceeam --i be used in conne"On with my Intemet gambling tran)artlams. e. Netiw About Elsebade CJhaek Oehhvaraen. When you provide a check ea payment us , you autlcrize us either to e infomation tram your check to make a ore-time electronic fund transfer horn Your bank accoum or to Process the Payment as a check tra saction. When we use informeoon from your check to make an electronic feed Damien, Mds may be withdrawn from your bank sc-lam as seen as tie seen day we rermwh you Payment, and you wig mt receive your check back tram You finsmiel IMnution. BILLING RIGHTS SUMMARY (In Casa Of Eon Or Ou innio s Abaft Your Bill) If yes think your dip la wrong, or If you need more inormsthon on a transactition or bill, write to ue on a ir=dm shown on the foram of tlds ststthe ad r as or hear bran you m later T hen, 00 de after we sent you the fimt bill on tii the stror or problem appeared. You can call our Cusaner r Rela[iar number, but doing so will mt ppreserve your rights. In your letter, give us the following infomution: your nsnre mud aclxurp number, that ddfer ameat of iha suspected error, a description of the error and an explanation, if Possible, of why you believe there is an error; err if you mod more Information, a description of the item you are unsere about. You do not have to pay any amain in question while we are investigating it, but you nare stet on.h ed to pay the parts of your bit that are rot question. Whsle WS investigate your Q e9[um we cannot mport you as delimptent or take my actieh to coidec the amount you gusat t,t Special Rule For Credit Card Purchases Ii you have a problem with the quality of property or servloes that you pu--.ad with a credit cad and yes have toad in good faith to correct that problem with the merdsnt, you may have the right rest to pay the renuen.g amO1ah. due on the property or services. You have this protection oily when the purchaa prim was more then 850.00 and the purchase wss mode in your bane state or within 100 miles of your melting address. (If we own or operate the merchant, or if we mailed you the advamaemem or tot property or services, all purchases are covered regardless of errant or location of purchase.) Please remember to sign ail correspondence. t Does rot apply to consumer non-cradlt card accounts t Does rot apply to busimas mn-credit card.counts Capital Ore supports information privacy protection: me our weblite et www.capitalone.com. Capital One is a federally registered seevice mark of Cepltal One Financial Cor oration. All rights reserved. a 2003 Capital Ore 01 LGLBAK ==Nstides: =ssyy%mail tow will be created to your ac--t as of the urireu day we r.Nve It pmAded 111 you send the bottom portion of this statammt end your deck ape and (21 your payment s; reoeivad in our protxssor error by 3 p.m. ET (12 nosh PT). Please allow at lvrt flue 151 bwinees days for IostN delivery. Peymruns received by w at any other locetlon or m my ether (um rosy rat be cmdted as of the de we receive them. Our buea'sheas days are Mardry through Ssturdayy, exdufing hdideya. Poem do rat use staples paper dips am. Mon preparing your payment. When you send us a check(s), You authorize us to make a ore-time electmrc transfer debit tram your bank account or the amount of the duck This auharizatlon appl es to ail check. recelved during the billing cycle even if aem by someone elm. If we carrot process the transfer, you eutharize w to make a charge against your bank accerm wing the check, a paper draft 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 i-s-7o-InEKA Q EI Am/n (NAME) authorized agent of Capital One Bank, plaintiff herein, that 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# b 13 q 55-5 r'' ? b T ' . r 4 Cil ? e SHERIFF'S RETURN - REGULAR CASE NO: 2008-00069 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS CHAMBERLIN WILBUR C WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CHAMBERLIN WILBUR C the DEFENDANT , at 1132:00 HOURS, on the 10th day of January , 2008 at 75 DEADEND LANE SHIPPENSBURG, PA 17257 WILBUR CHAMBERLIN by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge J/1408 4 18.00 20.16 .00 10.00 .00 48.16 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 01/11/2008 WELTMAN WEINBERG REIS By. Deputy Sheriff of A. D. I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. WILBUR C C1 AMBERLIN Defendant No. 08-69 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE & END FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: BENJAMIN R. BIBLER, Esquire PA. 1.D.#93598 W.ELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06139555 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 08-69 CIVIL TERM WILBUR C CHAMBERLIN Defendant PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue and End the above captioned matter upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG & REIS CO., By. ?? - F-c-- BENJAMIbl, LER uire PA. I.D. 359 WELT , WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06139555 Sworn to and subscribed Before me the Day of MARCI-? 2OW COMMONWEALTH F PENN YLVANIA Notarial Seal Wayne A. Jones, Notary Public City Of Pittsburgh, Allegheny County My Commission Expires Ju++e 29,20`10 Member, Pennsylvania Association of Notaries C? ra ? -r? C. ° ? ??; ? ? -rt +? .- ? f l ,?,Y f. ? ?? ?f? \J$ t Q / t 4. T,..?? ?? l .?sy YY ? 1?^'? ?