HomeMy WebLinkAbout08-1607r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff No: G)$- 1ub7 Civil Terk
VS.
COMPLAINT IN CIVIL ACTION
NICOLE A PELESKY
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 1400
Pittsburgh, PA 15219
(412) 434-7955
FAX: 412-338-7130
06106897 C N Pit DKB
01
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
VS.
NICOLE A PELESKY
Defendant
Civil Action No
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 15000
CAPITAL ONE DRIVE RICHMOND , VA 23238
2. Defendant is adult individual(s) residing at the address listed
below:
NICOLE A PELESKY
1220 EDINBURG CIRCLE
NEW CUMBERLND, PA 17070
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXXXXXX7636 .
4. Defendant made use of said credit card and has a current balance
due of $1247.52 , as of January 28, 2008 .
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
18.400% per annum on the unpaid balance from January 28, 2008 . A copy
of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 11111 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 , NICOLE A PELESKY , INDIVIDUALLY , in the amount of
$1247.52 with continuing interest thereon at the rate of 18.400 per
annum from January 28, 2008 plus costs.
James C. armbrodt,42524
WELTMAN EINBERG & REIS CO., L.P.A.
436 Se ent Avenue, Suite 1400
Pittsb rg , PA 15219
(412) 434 7955
FAX: 12 38-7130
0610 897 C N Pit DKB
This law firm is a debt collector atte t?fig to collect this debt for
our client and any information obtaine ill be used for that purpose.
-------------------
003
IN:Shnow?l Mom your love !
t
Spsavings for Capital One" Cardholders!
on your next purchase when
ou use Promotion Code CAP66
O/0 (See reverse for details)
owers com.
1_80041
1 Call 1-800-FLOWERS" (1-800-356-9377) or Click www.1800flowers.com today! Your florist of choice.- ?
L__________________________________________________________________________________________________J
Cs?p?f?l ow" PLATINUM VISA ACCOUNT MAR 04 - APR 03, 2006
4862-3624-7605-7636 Page 1 of 1
J U V e ¦ r Save this code! Offer good all year long!
Remember: Mother's Day is Sunday. May 14'
Account S
Previous Balance $891.69
Payments, Credits and Adjustments 5.00
Transactions $29.00
Finance Charges $14.04
New Balance $934.73
Minimum Amount Due $934.73
Payment Due Date May 03, 2006
Total Credit Line $500
Total Available Credit S.00
Credit Line for Cash $250
Available Credit for Cash $.00
At your service
To can Customer Rdatims or to report a tort or stolen and
1-SM-903-3637
For free online s«wnt service and special automw offers, log m to:
www.apitalonerom
Send Payments to: Send inq-io to:
Attn: Remittana Proossing
Capital One Bank Capinl One
P.O. B. 790216 P.O. Box 30285
St Louis, MO 63179-0216 SLC, UT 84130-0285
Payments, Credits and Adjustments
Transactions
1 03 APR PAST DUE FEE $29.00
You were assessed a past due fee of $29.00 on 04/03/2006 because your minimum payment was not
received by the due date of 04/03/2006. To avoid this fee in the future, we recommend that you
allow at least 7 business days for your payment to reach Capital One.
EXHIBIT
Finance Charges ftr
Pkme see reverse r
iA
impmtant informati nz
? n
?
m
P?
g ??
lto APR E
r PURCHASES $$98.46 .05041%P 18.40% $14.04
CASH 8.00 .06436%P 23.49% S.00
ANNUAL PERCENTAGE RATE applied this period 18.40%
PLEASE RETURN PORTION BELOW WITH PAYMENT
o1Z2a 0000000 0 4862362476057636 03 0934730020000934732
PI-p-t mr.d.Z mirror -&or e-e-d dmtda bolo-using blue er blank imiE
New Balance $934.73 _
Minimum Amount Due $934.73 Soeet Apt e
Payment Due Date May 03, 2006
Gry
Smt< ZIP
Total enclosed $ Home Phone Al- Photo
Account Number. 4862-3624-7605-7636
P.naAdd-
#9009487659763487# MAIL ID NUMBER
Capital One Bank m NICOLE A PELESKY
P.O. Box 790216 Illgill lllllllgill llrl PO BOX 382
N MIDDLETOWN PA 17057-0382
St. Louis, MO 63179-0216 c ?
o sr?
I,Ilrrstilts.tlllttelltLtllttttdtLttlLllrtttJLllttltrLl !
Pkme .ante your acmmnt number on your Jack or money order made payable to Capital One Bank and mail in the mclond envelope.
Get sweet savings on Mother's Day gifts
for all the moms in your life !
1-800-FLOWERS.COMe always promises you and all
the moms you love:
• Freshest flowers artistically designed
• Personal service 24/7 for delivery same day, any day
• 100% satisfaction and freshness guaranteed
• The finest selection of flowers, plants, gift baskets,
plush toys, gourmet foods and more
• Gifts exclusively designed for 1-800-FLOWERS.COMa
by leading brands you trust.
1-800-flowers om.
Your florist of Choice-
8
0
fi tz 0-
on your next purchase when
Save
l 5 *
you use Promotion Code CAP66
Save this code! Offer good all year long!
Call 1-800-FLOWERS" (1-800-356-9377)
or Click www.1800flowers.com today!
'Exclusive of applicable service and shipping charges and taxes. items may vary and are subject to availability,
delivery rules and times. Items can be ordered online and by phone only. Offers cannot be combined, may not
be available on all products and are subject To restrictions, limitations and blackout periods. Offer valid
through 12131/06. Prices and charges are subject to charge without notice. Void where prohibited.
9 2006 Capital One Services, Inc. Capital One is a federally registered service mark, Trademarks mentioned
herein are solely owned by their respective entity. Al rights reserved. 1400-FLOWERS is solely responsible for
this offer and is not affiliated with Capital One. Capital One does not provide, endorse, or guarantee any
product or service shown here. 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
a 2006 1-800-FLOWERS.COM, INC
!,1-800-FLOWERS.COMO uses Secure Socket Layer (SSL7 encryption technology to secure its website.
periodic rate. To obtain the average daily balance for the
billing period covered by tige statement, we take the
beginning balance of each segment each bay, add any new
trarwctio s to "on Mpnq?l end subtma any peymrwts
or credits. IN The code N appears an the tram of tX
mnemere next To ' Balance Rare Applied TO,' we alse
nbtrsct any unpaid finance charge included in the batarat
of each stagnant) This gives us the doily balance of each
each
responses. Then, we add Lip for the bilfing periodl oiy the and dividebde? ott al
rpartar of days in the bifikg period. Thin gives us the
avarsge dsey balance of as In segment.
3. Amoal Parwrdge Mtas IAPR.
a. The term 'Annual Percentage Rene' may appear as
'APR' an The from of this sutearem.
b. If the code P (Prime), L (3-rim. LIBOR), C (Cortifiata of
Dpositl, or S (Bankcard Prime) appears on the from of
this stationers next to the periodic ramle), the periodic
Farm and correpahdkho ANNUAL PERCENTAGE RATER
may very quarteriy a may irncreaa or decrease based
on the need indiaa, ss food in T w Wall street
JounW, plus the margin previously disclosed to you.
Thome changes will be stood- on the ast day of your
billing period covered by Your periodic statement erring
the mamhs January, April, July and October.
c. If the code D (Prime), F 0-mo. LIBOR) or G 13roo.
LIBOR Repriced Mw Ny) appeem an the fiatt of year
stmerrrem next to the periodic nta(s), Tine Periodic rates
and cormpaMing ANNUAL PERCENTAGE RATES may
very murtNy and may mama or decrease based on the
stated indices, as tong In The Was $naar Journal, plus
The margin prinil dsdaaed to you. These dh.=
will be effective on the fire[ day of your billing period
each month.
4. Assseasart of Lis, Ovarfinhk real Rwunsd Payrnars Feas.
Your account will be amused co mom then two of Tie tees
listed hero that omrr during any billing period. Under the
Terms of your customer agreement, we reserve the right to
walva or not to assns my fen without prior notification ro
you without waiving car rigor to names the ante or similar
??sems at a later ems.
5.TlfararNrg You Astacus. IT a membership fee
ppssn on the tram ot thin stathanem, you have 30
days from the date this mtmemea was mailed to you to
if if You caa;el paying the fse or to have such fee credited to you
yo your accourm. During this period, you may
comas to came your amount without having to pay the
membership tee. To cancel your account, you nun
nutty us by calling car Customer Relations Deparar m
and ply you New Balance' in All lexckrdng the
membership Le) prim to the end of the thirty-day period.
6. R Yee Close You Ao-u nt. You can request to dose
yyo°u?r accent by ailing our Customs Relatlaa
Depanmmt. You must destroy your credit card(s) and
account accea clock., cancel all preautlprized billing,
and come using Your account. It you do not cancel
prenrhodzed bills g arrangements, we will consider
mosile of a charge your authorization to reopen your
accent. Additionally, your account will not be domed
until you pay all smarms you owe us trdudng: any
trarractiar you hive ekrlari:ed, fihenc?e ch.M., Part
dot fen, modimh fen, returned payment idea, ash
ad-- fees .it any other fan ..... .d to veto
Occa.s. You are responsible for these amounts whether
they appear on you in corrm at the Time you repeat to
dose the accost or they am incurred substaitarra to
your request to close the account. This may result in
charges appearing on your accoatt after you hove
if you autnofized hos s from a merchant and wee,
receive the tansectim from to mercznm after your
eeoum has been closed, your account will be reopened,
,he amoarw of the charge will be added To your accout,
end you will be reporralble for payment. If them Is a
membership fee ten your acoours, the fee wag corairate
to be charged, to the extras permitted b, law, ontil tint
accoum balance has been paid in full as defined above.
7. Using Ya? Amrsnt.Your card or accost cannot be
used in connection with any interne, gambling
massictlau.
S. Notim Abort Electronic Chsek Conversion. When you
provide a deck a payment, you authorize us either to
use information from your tack to make a Ono-time
electronic fund toreaM from your hank access or to
process the payment as a dock transaction. Whmn we
use Infomhnlon tram your dock to make an electronic
fund transfer, funds may be witdrawn from your bank
account as soon as the same day we receive yea
payment, and you will not receive your deck back from
your finendal institution.
BILLING RN314TS SUMMARY
fin Case Of Error; Or Question About Your &111
you bill is wrong, or if you need more
"t.
on on ¦ transaction or bill, write to tenon a
sapsrate sham a son as prompt. a the addrom fo
aspirin shown or the fret of this smtemam. We must
hear from you no later tarn f0 dym Otter we not you The
first hill on wlgtlh the anon or problem appeared. You can
us our (]stoner Relations raanber, but doing an will not
Preserve your rigisa. In your letter, give us the idlnwvirg
mlomuFah: your name and sccouut nhmhar, the dollar
amount of the To ad aria, ¦ description of to error
and an elplahotonn, if possible, of wary you believe there la
an error, or 11 you mad mac information, a description of
the item you am serum about. You do rat hove to pay any
amount In question vdgle we am Investigating It, but you
am seal obligated to pay the pant of your big that are not
In 9u••tion. W tile we irivesager. your grremon, we cirnot
report you ss dWrrquwm a take any actin a cod- the
annum yta gkreaeorh.
t,t Spacial Rule For Credit Card Purchases
If you hew a problem with the quality of property or
services tut you psc hosed with a credit cam amt you
he" tried in good faith to correct the problem with the
merchom, you may hen the right not to pay the mounting
amount due on the property or services. You hews Ws
promotion orgy whin to purchase • ten
rignoo 4,50.00 and the purchase eves m n your home nom or
witgn 100 miles of your malilng address. (If we own or
operate the merchant, or If we mailed you the
advertlsamm for the property or services, all purchases
are covered ragsrdiea of amarn or location of purchase.)
Place remember to sign Fill correspondence.
t Does red sAQvY to consumer non- Oft card accounts
f Does not apply ro business --crooft -J -c..*.
Capital One apporra Intonation privacy protection: sa our
webme ar www. bne.corn.
Capita One is a roily ce red service mark of Capital
One Reancial Conporaeon. All rights reserved. a 2003
capital One OILGLBAK
to. Qase Paraad. You will have 's mmhmum once period of
25 day wMaut Iiunce dvrye on new purchssss, now
balance trenefara, new penal Purchesea aid new otter
charges it you pay your teal 'Nave Balance', In
accmdence vullh the Im am Notice for Payments below,
and in time for IF ro ba ..dried by your next statement
dosing dare. There is no grace Periml on a.h e d - r e -
a n d apiarist ,strafe.. In addition, there is TO grace period
on any t!, raetion if you do rat pay the too 'New
balance.
b. Accruing Fmmre Charge. Transactions which arc non
atject ro a grace period am assessed finance charge 1)
from tie date of Una trarasution or 2) from the dote the
tareaction is processed to your Account or 3) from the
fins, calendar day of the armor billing period. Additionally,
'f you ditl not pay the 'New Baame' from the previous
hang parted m fin, frwce charges contkxa to accrue to
your unpaid balance total the unpaid balance is paid M full.
This amara thin you ma still owe fnerce charges, even if
you Pay to afire New Balance auicated on Una frog of
yes statement by the next statement doll date, but did
vet DO so for to previous month. llrpalit Inane, charges
are atltletl to the applicable segment of your Accent.
t c. FiBrirraan F'kharnsa Crga. For each biling period that
your accma% 1 attest to a franc. charge, • minimum
teal RNANCE CHARGE of $0.50 will be imposed. If to
total finance surge resufirq front the application of your
periodic total I is lea tun $0.50, we WIN attract that
amours from the $0.50 riNmun and the difference will be
billed to the purchase of your accent.
td. Temporary Rear oda. in FM s Charge. We .serve to
fight to not assets any or all finance charges for any given
bi" period.
2. Average Dally Be- Imakeding Maw Phrd-1.
a. Finance Burge Is calculated by multiplying the daily
balance of each segment of you account (e.g., cash
advance, purchase, petal transfer, and special purchase)
by the corresponding daily Periodic rate(s) that hes been
previously disclosed to you. At the and of each day dung
the killing permit, we apply the chilly penodc roe for non
segment of your account to to dully balance of each
segmam. Than art the end of the billing period, we add hp
the .ate of these daily -Icdmione to aMve et you
periodic finance charge for each segment. We 1.rid hprthe
realty from each segnsm to arrive at the total periodic
fnence charge for your aocant. To get the daily balance
for each segment of your adcarm, we take the beginning
balance for each Fragment and add my new ,resections
and any periodic frurce Barge calculated on to previous
day • balarce for tut segment. We ten subtract any
payments or cradle posted a of that bay that are allocated
to that segnam. TN. gives um to separare doily balance
for each segment of your accorit. However, if you paid de
New Balance shown pin your previous statement in full (or
it you new balance was zero or a credit amorn), new
transactions which pow to your purchaser or special
Purcase aepnams am not added to to daily balances, We
calculate The average daily balance by adding all tine dally
balarca together and dviding the sun by the number of
the days in the current billing cycle. To calculate your Coal
fire ce surge, mul iply your average daily beiarhce by the
daily periodic rata and by the number of days in the billing
period. Due to rounding on a daily basis, tore may be a
sligilt variance between this calculation and the amour of
finance dotrye actually associated.
b. If the code Z or N appears on the hem of this statement
next to 'Balance Rate Applied To,' we multiply the
Impat=1o Nwise: Payments you mail a us will be .edited to your account as of the business day we raeeive h, provided (11 you mend the bottom pardon of 1Ns statement and your deck
In the sed remittance envelope and (2) your payment Is received in Our processing earner by 3 p.m. ET 112 nom PT). Please allow at leant five (5) brakhass days for postal dellvery
Payments received by us or any otter lonarionh or in any other tom may not be cmdhed as of the day we recaive them. Our business days am Malay Through Saturday, excluding holi&n.
Pleaa do not use staple., paper clip., art when prepamg you payment. When you Ford us a check(s), you authorize us to make a one-time electronic transfer debit from your bank
account for the amount ot the dmck. The authorization :plan to all checks received dump the killing cycle even If sent by someone elm. If we cannot proca i the transfer, you eufarize
ue to make a charge against your bank eccmm uslrp the check, a paper draft or other item.
f
VERIFICATION
CAPITAL ONE BANK
vs
PELESKY, NICOLE A
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, TRACY TAYLOR, 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.
CY TAY
Notary Public
ARYONNE MABSON
NOTARY PUBLIC
DEKALB COUN N,, GEORGIA
MY COMMISSION EXPIRES OCT. 29, 2011
4862362476057636
A049
WELTMAN, WEINBERG & REIS CO., L.P.A.
? d
c. --n
oo
co 'x7
W a
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2008-01607 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CAPITAL ONE BANK
VS
PELESKY NICOLE A
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
TI T T (C TTZ7 TTTf nT L' T but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT & NOTICE
the within named DEFENDANT
1220 EDINBURG CIRCLE
NEW CUMBERLAND, PA 17070
PELESKY NICOLE A
NOT FOUND , as to
DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS.
FORWARDING ADDRESS OF PO BOX 626 NEW CUMBERLAND, PA 17070.
Sheriff's Costs: So answers:
Docketing 18.00
Service 17.28 , f ,,"..'`
Not Found 5.00 R. Thomas ine
Surcharge 10.00 Sheriff of Cum erland County
.00
50.28Zo-?WELTMAN WEINBERG REIS
03/20/2008
,?/x7/d6 ?
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
Plaintiff
vs.
NICOLE A PELESKY
Defendant
No.: 08-1607 CIVIL TERM
PRAECIPE TO SETTLE, DISCONTINUE
AND END WITHOUT PREJUDICE TO REFILE
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#6106897
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
vs. Civil Action No.: 08-1607 CIVIL TERM
NICOLE A PELESKY
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#6106897
SWORN TO AND SUBSCRIBED
before me thisL day
of 2008 COVM
Notarial seal Public
We?y L. Gault, Notary County
burgh, Ali?3heny
Ctty of Pats Ex items July 15, 2010
NOTA Y PA I My Commission P_?
pennsyiv n'" ',, _f'riation of Notaries
Member,
-
Ti
cr+
•• .r
Co