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Home My WebLink About08-4502IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No. di- vw bill 7?-rm VS. DONALD G DAVIS Defendant COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C WARMBRODT, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06595174 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No. DONALD G DAVIS Defendant COMPLAINT IN CIVIL ACTION 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff is a corporation with offices in 15000 CAPITAL ONE DRIVE RICHMOND, VA 23238-0000. 2. Defendant is an adult individual residing at 75 BONNY BROOK RD 36 CARLISLE,PA 17013 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 5291071736961853 . 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of JUNE 12, 2008, in the amount of $ 3,670.23 . A true and correct copy of Plaintiffs Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof. 5. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that the Cardholder Agreement between the parties provides that Plaintiff is entitled to the addition of finance charges at the rate of 29.200% per annum on the unpaid balance. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, DONALD G DAVIS individually, in the amount of $ 3,670.23 with continuing finance charges thereon at the rate of 29.200% per annum from JUNE 12, 2008 plus costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. JAMES C BR PA I.D. #4 524 WELTM INB 2718 Ko pers ildin 436 Sev nth enue Pittsb gh, P 15219 (412) 34- 55 ODT, Esquire & REIS CO., L.P.A. :06595174 COPitalOne• NOT PAYING YOUR DEBT 500013 what's in your wallet? DOESN'T MAKE IT GO AWAY. In fact, even if we report your account as charged off, you'll still be responsible for paying your debt. So why not call us to see what we can do together to keep you from receiving such a serious mark on your credit record? We're here to help. Please contact us to find a solution that's right for you. You can make a payment with our fm check by phone service or speak to an associate by calling 1.800.955.6600. Make sure you call or pay the amount due on your statement within 30 days to keep your account from being charged off. ® 2006 Capital One Services, Inc. Capital One it a federa4 registered service mark. All right; resenxd 500013-08503 FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Data $2,530.66 - $40.00 + $61.11 + $35.00 = $2,586.77 $586.77 Jan. 07, 2007 .•:•. Nov. 08, 2006 -Dec. 07, 2006 Page 1 of 1 PLEASE MAT IEAST iNC auto ur MasterCard Platinum Account 5291-0717.36961853 Your Account Information TOTAL CREDIT LINE $2,000.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $2,000.00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please see reverse for important information) Balance rate Periodic ConTriding CHARGE applied to rate APR Purchases $2,542.68 0.08011% P 29.24% $61.11 Cash $0.00 0.08011% P 29.24% $0.00 ANNUAL PERCENTAGE RATE applied this period: 2924% Your account is six payments behind. If we charge off your account due to late payments, we will report the charged-off status to several national credit bureaus, and the Purchase APR as reflected on this statement will be applied to all your outstanding balances. Act now to prevent this from happening. Please pay the amount due on your statement or give us a call at 1.800.955.6600. We'll work with you so you can take control of your account and start rebuilding your credit with Capital One. -Important Notice" Under the terms we previously disclosed to you, your account is now eligible for an increase in Annual Percentage Rates (APRs) effective immediately. However, Capital One has elected not to raise your APRs at this time. Please be advised that if you fail to keep your account in good standing, Capital One reserves the right to raise your APRs in the future. Payments, Credits & Adiustments 1 24 NOV PAYMENT 540.00- Transactions 2 07 DEC PAST DUE FEE $35.00 At Your Service 1-6069034637 You were assessed a past due fee because your minimum payment was not received by the due date. To avoid jl? To call Customer Relations or to report a lost orsedan card: this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Capital One. ® Saw payments to: Capital One Be* n- P.O. Box 70884 - Chadotte, NC 28272-0884 A Send inquiries to: Capital One - P.O. Box 30285 • Salt Lake City, UT 6056 506 1 7 7 QWWOW I whats in your wallet?. 84130-0285 V/11111/11 061207 PAGE 1 of 1 01BC6056 PLEASE RETURN PORTION BELOW WITH PAYMENT 0 5291071736961853 07 2586770040000586778 New Balance Minimum Payment Due Date $2,586.77 $586.77 Jan. 07, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed Capital One Bank P.O. Box 70884 ItltrlllErtlltttlPtrll Charlotte, NC 26272-0864 1 1111111114 111111 161111 Fall 11 11 11111111111111111 Account Number: 5291-0717-3696-1853 Please print address or phone number changes below using blue or black ink. Address Home Phone Alternate Phone E-mail address @ a1034237667403457a MAIL ID NUMBER DONALD 6 DAVIS JR 75 BONNY BROOK RD 36 CARLISLE, PA 37033-4266 ttJlLrrlllrtrtrtlhdhrLPLJPIhtIJtJHdIrrlLdrrt Please write your account number on your check or money order made payable to Capital One Bank and mail with this coupon in the enclosed envelope. DONALD G DAVIS JR I . How b Maid • Finance Charge. t e. Gray Period. You will have a minimum gnome Period of 25 days wehout trance Urge on new purchases, new balance trandem, new, special purdw se and new other darges N you pay yortobl -New Sal--', in soradanos with the Important NWW for payment; below, and in time for it to be credited by your next stapmnert closing date. There Is no grace period w cash advances and special warmers. In addition, Shea Is no grace period on any Irarwsdion if you do not pay the, kmal 'New balance.' R Aeeruing Finance Chary". Transactions ~ we not -tied to a grace period re sawsed finance charge 1) ben ON dab of the translation r 2) from the data to transaction is processed to your Account or 3) from Use first calendar day of the current billing period. Additionally r you did not pay that -New Balance' From the previous bNkV Period in full, Nance purges continue to scrtus to your unpaid but snow will the unpaid balance is paid in full. This means that you may SIM rave hence charges, even t you pay ft entire New Balance Indicated on the Dora of your statement by to sled statement dosing date, bra did not do sir for the previous mod. Unpaid finance charges, are added to the applicable segment of your Account. t c. Wn1mum Fiance Charge. For each billing period dust you annum is alb)act to a Tare Berge, a mtrYmum tort FINANCE CHARGE of 50.50 will be Imposed. t d. Temporary Raduetlao In Finance Charge. We reserve the right to not asses any call finance charges for my given billing period. 2. Avenge Daily BaWro" (lauding Maw Purduwaw4 Finance charge a calculated by Multiplying the daily balanrce of each segment of your account (s.g., cash advance, purchase, special irrafer and special purchase) by the corresponding dairy periodic reefs) that has been PwAoudy disclosed to you. At the tiro of each day during the 61ilng period, we apply the daily periodic rate for each segment of your account to the daily balance of men segment. Than at the and of the billing period, we add up the results of these dry calculations; to arrive at your periodic finance dare for wch segment We add w the muss from each siliftlent to arrive at the lost periodic flnncce charge for youraaaunt. To ON the daily balance fr wen segment of your amrnL we take we bagirnng balance for each segment rd add any r ewpnsectbns and any periodic anenp charge calculated on the previous day's balance for that segment. Via San subtract my payments or credits poebd re of flat day that are allowed be that segment. This give us the asperse day balance for each sapsra or your account. However N you pod the New Bsbncee dawn on your previous statement In full (a If your new baknce was zero or a retie arsunti, new tranasetiw, which post to your purchase or special pu drew seigmem s era not added to the day brmce. We Cl Wab fed average dairy balance by adding all the daily balances Ingather and dividing the sum by the number of the day" in the current biig cycle. To cakwlak your total finance charge, mha6ply Yea average daily balance by the duly Periodic rate and by the number of days In the bitnlp Period. Due to rounding on a daily bask r due to minkram trance charge assassrtenL them may be a wrlance between this caicufation end the amount of finanrce charge w"IY sssaed. 3. Annual Prpmags Raps (APR). a. The Nrm'Annual Percentage Rate' may appear s'APR' on to from of this statement b. N to code P (Ouartmy Prime), L (guar" USOR), C (Guar" CD), or S (Bankcard Prime) appears on the front or this stabment need to to periodic rate(s), the periodic rates and corresponding ANNUAL PERCENTAGE RATES naY wry quarterly and may Increase or decrease bead on the slwd idices, as found in The WWI Street Journal, pks the margin previously disclosed b you. Thee ch a i s wil be atactNe on to first dry of your billing period covered by your periodic statement ending in the months of Janusry, April, July and October. c If the code D (Monthly Prime), F (Monthly LIBOR), or G (Treasury LIBOR) appears on the from of your statement nest to the periodic rate(s), the parlodk rules and mrrsprndng ANNUAL PERCENTAGE RATES may vary mmthiy and may increase or deoves based on to slated indices, as found in The Wall Street Joansl, plus the margin Previously disclosed to you. These pangs will be effective on the first day of your billing period asch month. 4. Aawaanmk of Lab. Ovsrlbat and Rehrrned Payment Feee. Under the terra of your aelorrler egreamra, we reserve he right to "we a not to waves any fees without Prior radecatonto you without waiving ourright to arse kto wine rsimgarfes at a bterfime. t S. Rraaarg Neer Acmalt, If a mwmIxwW ip fee appears on to from N your datarcerq you how 30 days from the date this statement was mailed to you to avoid paying to fait or to have Rich tee oadted to you if you cancel your account without having to pay the membership fee. To carol your soca nt, you must notify us by cailkg ore Customer Rakers Depamsm and pay your "hew Balance M full (excluding the membership fee) prior to the end of the Wray-day period. 6. if You Clap your AcapunL You can request to dose your accord by calling our Customer RWetlons Department. You must destroy Yaw cede cad(s) and accpont access dada, cartel all Wvw&onzod billing and cases using your scoci Ater your request to W". N you Contihus to transact or do no cancel Weafahoriaed bNing arrangements, we will meter reoei(a of a dupe yorauMNUB m to keep you arxam open. Additionally, your account will not be dosed until you Pry all amounts you owe us Including: any transaction you have suttprizod finmce charges, post due fees, overflow fee. returned payment lees, cast advance few and any other fees "paused to your account You re responsible for these amounts whethartey appear on your acmrn at the time you request to dose era account r they are awned subsequent to Your request to does the account This may mud in dmwM appeasing on your account after you haw requested to account to be dosed. 7. Using Your Account. Your card oraccoun cannot be used in connection with any Internet gambling transactions. 8. Notice About Elerhonie Cheek Conversion. When you provide a check as psymem, you authorize us elver to use iniormaam tram your check to make a ona-lime electronic fund treMerfrom your bank account r to process the payment s a dank tmrwadbn. When we use kdonrobw Imm your dark to make an electronic find transfer. funds may be vdaeraam from your bank account as soon s the gems dry we recdve your payment, and you will not receive your check back from your financial Institution. BILLING RIGHTS SUhfaARY (In Case of Errors or Oueaons about Yom Bt) N you think your Will In wrong, or 8 you need more knhrmadon on a transaction or bill, write to us on a separate shed s soon as possible at No address for inquiries shown on the from of this statement We mud her from you no lair tlan 80 days dbr wa sent you the And bill on which the am or problem appeared. You cen call our Customer Relations number, but doing fro will not prase" your rights. In your latter. New us to fofooinp information: your name and account number, are tldar amount of the suspected error, a description of the error and an explanation. N possible, of why you believe there is an error or a you need mere information, is dsriphon of the teem you ere unsure about You do not have to pay my amount in question while we are investigating It, but you are dN obligated to pay the parts of your bill tat era not in question. WNIe we investigate your grssNun, we cannot report you w delinquent or trim my action to oclact the amount you question. S. t Special Rub for Cmdb Card Purdseare N you have a problem wfh the quality of properly or services that you purchased with a radh card and you hew lied in good faith to cued the problem with to marchanl, you may have the right not to pay the remaining amount due on the properly orwervicea. You have this protection only when the purchase price was mom than 560.00 and five purchase was made in your home sib or within 100 nibs of your missing; address. Of we own r operate the merchant, r N we melted you the advwrasamunt for the property or services, all purchases are covered regardless of amount or location of purchase.) Pleaaa remember to sign all mrwPOrdertce. T Does not apply to consumer rancradt card accounts 1: Dos not apply to buskvees non-credt card acco dais Capital One supports information privacy protection: as our webme at . Capital One Is a federally nglasend service mark of Capita One Financial Corporation. AN rights rswved. 02005 Capital One Ot BC6056 - 6 -120 06 imperils NWa: P ynre You reel lo r wN be=dlbd b yon acrantr offs bursa dy"recall k plrida (1) ya end des botkm portion of ft Wement rxt your died In the wdoeed rwMoe anslcpe and (2) your PMnfm I. sashed in our pocm, cede by 3p.m.ET(12 race Fr). Phewaw.at ksafiw('J) neswrdM frprlddowry. Pat_ sokadyrsayotlrbasisrn ay udw bra may not be cradled r ofd" dyw arks sera. tLlrlssYlns drys as Mandy #-* Sew* adurg hddys. Pwm du natcan strpbs, pallor dpa, ek. when "wms Ym PMnslt. When you Writes dock kapaymsd, You alltrtr r stark ee Ydrrswtlon Fran yaw track brass a acre-time dacsulbNxttrrarhrn your scram era Prase tlo pwprltl r"dad trawadorl. YAIr ova IIr klfprrrletinl tram Ycurrsk b olds all elaratflrxt plWr, ilnds nmY ba Irltlld8nl hem cell aR01n1 a aeon as tlw rare dy w rsrehe yorpynwnt ad you wN not recant yes dad nld ben YourilanrW hwtiitlun. VERIFICATION CAPITAL ONE BANK (USA), N.A., successor-in-interest to Capital One Bank vs DAVIS, DONALD G The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities, that he/she is, TRACY TAYLOR, Authorized Agent, of CAPITAL ONE BANK (USA), N.A., 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 TAYLOR Notary Public 5291071736961853 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. a,V r?. NJ IJ?1 r t7" fi G SHERIFF'S RETURN - REGULAR CASE NO: 2008-04502 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA NA VS DAVIS DONALD G MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DAVIS DONALD G DEFENDANT the , at 0021:06 HOURS, on the 12th day of August , 2008 at 75 BONNYBROOK ROAD LOT 36 CARLISLE, PA 17013 DONALD DAVIS DEFENDANT' 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 18.00 5.00 .00 10.00 .00 33.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline" 08/13/2008 WELTMAN WEINBERG EIS By: Deputy Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), N.A. Plaintiff vs. No. 08-4502 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITH PREJUDICE DONALD G DAVIS Defendants FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. 447437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06595174 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), N.A. Plaintiff VS. Civil Action No. 08-4502 CIVIL TERM DONALD G DAVIS Defendants PRAECIPE TO SETTLE DISCONTINUE AND END WITH PREDJUDICE TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue the above captioned matter upon the records of the Court with prejudice and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: 1 William T. Molczan, squire PA I.D. #47437 WELTMAN, WE BERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06595174 Sworn to and subscribed Before me the 2h Day of NOVEMB R, 2008 NO P IC I COIMAONW VAIiW -TM OF No"(W seal conM Feb. 2Z 2012 Member. Aa°cfeN°" C? r? c --- Nag C Z