HomeMy WebLinkAbout08-2369
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff No fig- 013(09 ?ivi Tim
VS.
COMPLAINT IN CIVIL ACTION
RONALD L DEITER
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
06170853 C N Pit TSW
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
vs.
RONALD L DEITER
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 (USA),NA 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:
RONALD L DEITER
100 OAK KNOLL RD
NEW CUMBERLAND, PA 17070
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXXXXXX9747 .
4. Defendant made use of said credit card and has a current balance
due of $1318.76 , as of March 03, 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
28.490% per annum on the unpaid balance from March 03, 2008 . 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 , RONALD L DEITER , INDIVIDUALLY , in the amount of
$1318.76 with continuing interest thereon at the rate of 28.490% per
annum from March 03, 2008 plus costs.
James C. hrmbrodt,42524
WELTM?,N, EINBERG & REIS CO., L.P.A.
436 Se e h Avenue, Suite 1400
Pitts ur h, PA 15219
(412) 4 4-7955
FAX: 4 -338-7130
06170 3 C N Pit TSW
This law firm is a debt collector atte ing to collect this debt for
our client and any information obtaine will be used for that purpose.
I
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Account S
Previous Balance 1825.05
Payments, Credits and Adjustments 1.0o
Transactions $29.00
Finance Charges $19-54
New Balance 1573.59
Minimum Amount Due $873.59
Payment Due Date June 19, 2006
Total Credit Line $500
Total Available Credit 1.00
Credit Line for Cash $500
Available Credit for Cash 1.00
At your service
To call Cwtoma Relaaores or to report a lost w stolen earl
1-800-903-3637
sad pgmmu tex Sad ig=ice to
Atta Remittance Prootxing
Capital One Rank Capital One
P.O. B. 790216 P.O. R. 30285
St Louis, MO 63179-0216 SLC, UT 84130-0285
EXHUT
Finance Chatgas Pkwjee reexrse.rrde jor imtortmrt information
Bdmnnen -i
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APR l>!;
PURCHASP3 1590.57 .07805%P 28.49% 113.83
t` CAST{ 1243.87 .07805%P 28.49% 55.71
ANNUAL PERCENTAGE RATE applied this period 28.49%
PLEASE RETURN PORTION BELOW WITH PAYMENT
0W* 0000000 0 4862362507429747 19 0873590682610873599
New Balance $97359
Minimum Amount Due $873.59
Payment Due Date June 19, 2006
Total enclosed $
Aocoaat Number. 4862-3625-0742-9747
PLATINUM VISA ACCOUNT
4862-3625-0742-9747
APR 20 - MAY 19, 2006
Page 1 of 1
Payments, Credits and Adjustments
Transactions
1 19 MAY PAST DUE FEE $29.00
You were assessed a past due fee of $29.00 on 05/19/2006 because your minimum payment was not
received by the due date of 05/19/2006. To avoid this fee in the future, we recommend that you
allow at least 7 business days for your payment to reach Capital One.
Sam Apt R
C.m S_ ZIP
Home Phone Ah-W Fhene
F-aAddrese
#90140728017501950 MAIL ID NUMBER
Capital One Bank RONALD L DEITER
P.O. Box 790216 Ie1u1nt111utlil1ur1 m 2795 VALLEY RD
MARYSVILLE PA 17053-9514
St. Louis, MO 63179-0216 c
Pbaee write yo r aemmt nrrmberon yonrdrxk or moray ordw made payable to Capital One Ban and mail in the enrtared envelope.
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T.. Grace P.M. rYou will hew a miimun g prod of
26 days v4drnr finance c arge on new pradases, rhevw
balance transfers, row epedd ostlers ad nsw odier
ceryc If yw PH Warr teal New Bdetee', in
the Motilloe for payments below,
and In thane for it m be «ericad by tour c [
a special t rrH S In ' ihme IS he p«loa
an any trrhssctbnh p V. do not pay the total 'Now
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b. Aeenrirg Fahwe t7raga. Trarecdarr rdiclh are not
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ttahuctim is Dro=asted to yow Aemurt or 3) tram the
Raw aladr day of de arrant hip palod Additionally,
B Vmr rid rot pay to -New Balance from the preview
to
big peiod it five, frahce curies noriihne to 110011,10
yore tapsN balance ura the unpaid balance 0 paid 0 hr.
Tina maw tai YOU mayy all ovra tkhahoa dhsrgr, evan r
you pay the arm New Balarhca idiamd m the mom of
your Sete ment by the nee staterent I I date, but did
rot do r for the prevMe month. Unpaid finrra h e%..
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petbdc retell ls less that 30 60, acib' c ter[
ammrnt from the 60.50 rime nt and the dffemn cis will be
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Reiellah in ow tlhrge. W. reserve: the
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pencalic ram. To obaih the average dairy beiace M the
P«fod ootreted by this statement, we uke the
badnwhp baance of each segment each day, add my new
trarac6oe to each serpent and aWtra« shy peymerrn
w credits. Of the code N appears on the from of thu
statement next 10 'Balance Role Applied To; we also
suf pact try upaid financier charge iheuded In the Imitates,
w as sepne )This givem u to dMv belarhce of each
segm m. Tlah tewe add tp r the der br.toea for each
ancid by the total
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each manth
4. Amp ant of Leta. 01-IM and Rakned ==F%
you accou t Wier be assassd he mom than lied here that OWN during any billing period. Under the
tams of your estamor agreement, we reserve tha right m
waive or not to suss my feet Witlwut prior ndscadon to
widnet waiving o« right to firer the carne « similar
at . too ins.
6. Yoe Aoment. If a manbere ip fee
appear on the from of fine sutentern, yea have 30
days from the date dis statement vas merged to you to
avoid payfre the fee or to have such fee credited to you
if you areal You account. Duritp this period, you may
continue to into your account witlnoh having to pay the
membership fee. To cancel ywr amok, you mat
ratify tat by calling our Customer Reladore Deptnmen
and pay yo« lbw Bean' In " (wackeding the
membaraYp fee) prior ca the end of the dirty-day period.
6. N Yea O enY byevu16 Ae7ouLr === =boo
riment. You man destroy y- a weedit "n
account
w ne Your d d(d a d
tcaurtt adder riecka, cared as preaurtlnrizd hMMp,
and cesr yea accam. If yw do rat rondo
preaudatzed amnganetr, we wA oortsider
receipt of a cargo you authorization to reopen you
acomm. Adddaaiy, yon seems wM not be doted
ant v- Pay as -mark you owe us indudrg: any
transactions you have authorized, finenoe charges, paw
due bee, overCrrh(t tar, retrxrsd payment fete, adh
edvarce tar and arty odor fed arced to your
Nbwnt. Ym are resparaill a for dace amolwr whether
they tpprr on your scoom at the time you rawest to
Ure tine accotwe or they am incised suttntequcm to
yaw repeat m doer the account. This may mat In
ciargea appcrip m your aocatn after you have,
your aocenri if it has already been cared For nonpb,
f you emrotzd a purchase horn • verdant and we
receive the ttanrsctlon from the macho after ysr
ttemurt has been dosed, your scmnt vent be reopere 1,
the amount of the Merge wi be added m your abort,
and yd w? be nesporrl6M fw payment. if these is a
mehWSnlhip fee for y" smear[, the fee will madras
m ha carped, to the etmant permated by law, u d! the
arbour G7arce has been veld M m as defh above.
7. t1)aaiY??ya Year Asraas.Yar card a accoti t carrot be
uedIn caauctbn with any Ircemat gm,.W
trecam. Ions.
a. Node. Abart Mai med. Cheek Qnw..la n, when v-
provide • cook as payment, your .&-I- a drier co
use IrnFame lon from yatr dart te make a ons-tkne
ala bionic find trader from year bank accent or m
proatr the pay= r a Chace, train seetai r. When we
tae infants on irorrh yotr Clnaclk to make an siationtc
find trarabr, hinds my be w7ptRawn from your bank
amour as soon r tto sane day we receive your
==. aW you ww not receive your check boot from
id iistnudon
&IUNG RIOHTS SUMMARY
On Case Of Errore Or Orsadors Abaco Yoa Ba0
If you think year lea ls wtorg, w H you rued more
Inin matlon on a trntKYin a bar, vrhe m a on a
separate sleet as son as posside at the address for
itpafies shown an ft from of this statement. We must
hash tram you no later than 00 derya after we sem yott the
fast bill on which the ertar or Pasoan appared You can
call our Qnttarmer fieladw rrrniher, but dW se will not
preserve your ri{Rrta ti year otter, phe c the fcaovip
caomudam s race and amatnt eriptier, fie roar
arrant of the suspected error, a %fty y ti of the error
and an v ran, if d more possible, ou ieted there is
an sewn of yo It tf you rod more aWry ny d , d
r w to of
the hem you are u tetse abort. . Yocc You rb riot have to pay any
anoten in question vNie we are k h, brt ym
em sW coign t psy tfto Rena of your Mi that am no
k, gsdm. Wlife Invea". , garden, we caner
report yw a. deMget or take any aaish co collect the
arnsae you quesdan.
d,t Special Rule For Credit Card Puchrr
If you have a problem with the garhy of property
rnAou th h at yw vndh a
have caed ad yw
have tried w
to aright der Camden re the
wem7hnt, Yw may ty OF ? aright not to pry h a remaining
mash due n tine n?uygaeerNpCkrs. You have this
prot
a#50.O?0 and!Me ppard?we wamade in yw leamocre se than
or
within 100 mikes of your maM address. Of we own w
spare the memlat, or if we milled you to
advertisement for the property w senioes, M pundases
;=0 red rewuYlBd of arrhorat a 1=PJdarh of purchase.)
n a9r11l111110f to sigh all mrreapardenoe.
t foes sae AAAry to Constancy nor" mdN card Mweints
S Does not apply to Mrsauess lorrcl r card scmuMs
ON epports YrNrmation privacy Protection: me our
i at wow. ae.am.
One I. a federally Aemd servaa mark of Caphal
areal Corporation. ll rights reserved. - 2003
One 01LOLBAK
Firance carpe Is ccalwated 6y mlltlpwp the daily
balaha of each segi w of yr? aceouw (e.g., ash
advance, putler, spedw awasna, and specs puaearl
by to oormspaodrp dally pwfodc ram(s) that h -- been
pmvbuly rscosd to you At the and of each day Cuing
tie dig paled, we aPPh' the
-W- Partook roe for ea-W- of Y sc=ant m the belarhes of aeon
navesm. Tian at the and of the perid, we add LIP
thou haste M tier adrladar m anhe a
Oarlock we Lap do
fron?rdh No mar a to tots
aenhe cage 1« your accavart. To ge[ tiro dYy balance
M each se0 o of yew ehmant, we take the bq?rahig
Lease- an pin aTMSaprnaernt and dd .=X=
day. balance M diet ssprhant. We den aiua«
peymente or o de,. poatd r of to day than am aaoomd
m tha .eghah. This gives a the opera dally bloke
Balatntao0t+nt not Y amarnt. Nowaver, If you psd dhe
Was Praviount aaaennernt In fill (w
if your new balance war zoo «a aedt amouttl, new,
transactions which plea to yes purchase or special
pudesse segments am rNaty added to the delay belahcaa. We
topeh?ier?and dvHrgau?rntia n of
the days it the arrant bWM cycle. To siailam your teal
fdleMayspedrrge, maiply your averspe deny belahee by the
penoa Dine m raw ro nip on m do niamber c laity we it% nay be?ip
slight ve itshryeee between this daastlon and the arlarm of
rf ire rocs 7 or N a?ppeso from of vela staeman
nw¢ to 'Balance P_ Appal To,' we ern Lddpiv the
b ec=: P you roll m era wall be crs6tod m your eocoum as of to b mlra as day we receive h, W-4died (t) you sad the botmen portion of tit statement and Your deck
ahwdoPe ad (2) your C:" an a raceivd b ou proark g ante by 3 p.m. ET (12 ran Fri. Plear apow at lsaat five (6) baiaaa days for postal delivery.
Paymenu received by us at any tier location a any ode tom M rill be aedted as, of the day we receive them. Our business days are Malay through Sanrdit axdudrg boaday..
Rona do not we stipss, Pgpar cue see. vnhen phepahirha yes W nt. When you send us a thackW, You au diva re u to make a gnbtir dvcmnc trmdw debit horn your ban
accost M rho amour w ill check Th. a?Nonr car appew m tl oicke v d dukg to bating cycle swan R ran by srteao else. If We arnot MMM the boater, yon aadorize
to to make a largo against yaw ben aawt using the lack, a paper draft a other ham.
VERIFICATION
CAPITAL ONE BANK USA, NA, successor-in-interest to Capital One Bank
vs
DEITER, RONALD 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, TRACY TAYLOR, Authorized Agent, of CAPITAL ONE BANK USA,
NA, successor-in-interest to 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.
TRACY T R
Notary Public
err-•?
4862362507429747
A049
WELTMAN, WEINBERG & REIS CO., L.P.A.
p -6".
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
vs.
L
RONALD DEITER
Defendant
No. 08-2369 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 LD #42524
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#6170853
s
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
VS. Civil Action No. 08-2369 CIVIL TERM
L
RONALD DEITER
Defendant
PRAECIPE TO SETTLE, DISCONTINUE
AND END WITHOUT PREJUDICE TO REFILE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
SIR:
Kindly settle, discontinue and end without prejudice to refile the above-captioned matter upon the records
of the Court and mark the costs paid.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
James C. W
PA I.D #42524
WELT.MAN, WEIN RG
1400 Koppers Build' g
436 Seventh Aven
Pittsburgh, PA 15 19
(412) 434- 955
SWORN TO AND SUBSCRIBED
REIS CO., L.P.A.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Wendy L. Gault, Notary Public
City of Pittsburgh, Allegheny County
My Commission Expires July 15, 2010
Member, Pennsylvania Association of Notaries
before me this 'I day
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