HomeMy WebLinkAbout08-5080dO ?
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA), NA
Plaintiff No:
VS.
COMPLAINT IN CIVIL ACTION
GREGORY L JESELNICK
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
06793131 C N Pit KLA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA), N.
Plaintiff
VS. Civil Action No
GREGORY L JESELNICK
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 (USA), N. 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:
GREGORY L JESELNICK
491 N 25TH ST
CAMP HILL, PA 17011
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXXXXXX5747 .
4. Defendant made use of said credit card and has a current balance
due of $2245.56 , as of July 29, 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
27.600W per annum on the unpaid balance from July 29, 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 , GREGORY L JESELNICK , INDIVIDUALLY , in the amount
of $2245.56 with continuing interest thereon at the rate of 27.600W
per annum from July 29, 2008 plus costs.
James C. rodt,42524
WELT MAN, EINBERG & REIS CO., L.P.A.
436 Sev nt Avenue, Suite 1400
Pittsb rg , PA 15219
(412) 434- 955
FAX: 12- 38-7130
0679 131 C N Pit KLA
This law firm is a debt collector attemit' g to collect this debt for
our client and any information obtained Vill be used for that purpose.
Craplitalpne' NOT PAYING YOUR DEBT 500013
what's in your wallet? DOESNT 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 = 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.
O 2006 Capital One Services, Inc. Capital One it a frderally registered service mark. Ad rights reserved 500013-09503
FINANCE
Previous Balance Payments & Coratite CHARGE Transactions New Balance Minimum Payment Due Date
$1,728.78 - $0.00 + $41.27 + $39.00 = $1,809.05 $559.05 Nov. 16, 2007
Sep. 22, 2007 - Oct. 22, 2007 Page 1 of 1
PLM PAY AT IPAA TMS AMOUM
Visa Platinum Account
4892.3621.33074747
Your Account Information
TOTAL CREDIT LINE $1,250.00
TOTAL AVAILABLE CREDIT $0.00
CREDIT LINE FOR CASH $1,250.00
AVAILABLE CREDIT FOR CASH $0.00
FftanceCharges lease see reverse for important information)
ratePertodc Caresppnding FINANCE
d to rate APR CHARGE
7.13 0.07575% D 27.65% $14.26
0.25 0.07575%D 27.65% $27.01
RATE applied this period: 27.65%
® At Your Service 1.8004903-3631
To al Customer Relations or to report a lost or stolen card:
® send payments to:
Capital One Bank • P.O. Box 70884 • Charki t , NC 28272-0884
A Send inquiries to:
Capital One • P.O. Box 30285 • Salt Lake City, UT 84130-0285
® Have a question about a charge on your statement?
Please refer to the Billing Rights Summary on the back of
your statement or visit www.poitabne.corddispylas.
Your account is six payments behind. If we charge off your account due to late payments, we will report the
charged-a f 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. Well 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 & Adjustments
Transactions
1 16 OCT PAST DUE FEE $3900
You were assessed a past due fee because your minimum payment was not received by the due date. To avoid
this fee in the future, we recommend that you allow at least 7 business days fa you minimum payment to reach
Capital One.
EXHIBIT
6056 506 1 07 21 071022 PAGE 1 Of 1 OIDM6056
PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO W W W.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE
CMM.-dQw what's in your wallet?'
New Balance Minimum Payment Due Date
F $1,809.05 $559.05 Nov. 16, 2007
PLEASE PAY AT LEAST
THIS AMOUNT
Amount Enclosed C:?
Capital One Bank
P.O. Box 70664 IrlrrlrrllrrrlrlllrIII
Charlotte, NC 26272-0664
lulrllalurlrllurlulrlllnrlulrlnlult,llnlr,lullnrll
Account Number: 4862-3624.3307-5747
Please print address or phone number changes below using blue or black ink.
Address
4862362433075747 21 1809050254590559059
Home Mane Alternate Phone
E-mail address Q
#9029671668020197# MAIL ID NUMBER
GREGORY L JESELNICK
411 N 25TH ST
CAMP HILL, PA 17011-2102
I I IIIInrlllnIIOIII,IIIOifIarpill loop rrlrlllle,r,rllrlrlr
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.
GREGORY L JESELNICK
1. How, to Avaid ¦ Finance Chmga.
t a. Grace Period. You will have a minimum grace period of 25
days without Ananos charge on now, purchases, new,
balance baafara, now, sspecial Purchases and new other
cages I you pay your taal'New Basna', in
accordance with the Important Notice for payments
below, and in time for It to be wedged by your payment
der date. Therm Is no pace, period on cash advances
and special handers. In addition, tiers is no pre period
on a?tnmaaction tyou do not pay the total -New
b. Accruing Finance Chary". TrensaNps which era not
subject b ¦ grace period are asaaned finance dirge 1)
from the des oraho intimation or 2) from the dale the
transaction is processed to your Account or 3) from the fret
calendar day of the current blthg period. Addict naly, ryou
rid not pay fie "New Balenoe' from the prevlouc billing
period in fW, firemos charges cornrow to accrue to your
unpaid balance until the unpaid balance is paid in fug. This
moms that you may 00 ws finance charges, even r you
pay the sntlre New Balance Idlcaud on that from of you
statement by the payment der date, but dtl not do on for
the previous month. Unpsid finance changes am added to
the applicable s"gnlsm of yorAcooum
t c. Winners Fiance Chugs. For each WMrg Period that your
aoocurd Is subject to a terra doge, a n mkre m total
FINANCE CHARGE or $0.50 will be imposed.
t d. Temporary ROdaction In Finance Chsrgs. vie reserve hie
right to not eseeas any rag finance charges for shy given
bling Period.
2. Awrago Daly Sel r (kbcudng Haw Pmcraa"a).
Finance deg" is colc hied by rtulkplyirg the deity balance
of each segment of your amount (e.g., cash advance,
Wchase, specs arn6r, and speoW purchase) by the
Carespwd'ng daily ladoft cob(s) that bias been
previously disclosed to you. A the erd of each day during
the biirg Period, wen apply i he dally periodic nab for each
fragment of your account to the dally balance of each
segment. Than at tho and of to billing perlod, we add up to
resuib of these dally alculagons to enrtw at your periodic
finyrge charge for each segment. Vine add t0 Ow results tram
each smgrhent to sent" at the total prlodc 1luahoe charge fo
your acrou d. To lye the dally baWhce fr each segment of
yor ecow t, ee take th" bspmig Ihalrta for each
sag n ed and add try now, transactions and any pain is
finance chaps, calculated an the prvvda day's balance for
that aepee t. Wit than aubead try payments or cedes
pored se of Nat day tlat am sleeted to that segment. This
gives p the neyntb duly balance for each segment of your
account. Hoverer, B you paid she Now Balance shown on
your previos, statement in full (r If your new balance wets
zero or a credit amount), nw trausaraore. which post to
your purchase r special Purchase segments era not added
to the daily balances. We calculate the average rally
halanra by adding all the daily balances ngMw and
dividing the sum by the number or V. date in the anent
billing cycle. To celousb your tout r- dunge, musply
your average doily bshnos by I e daily periodic rab and by
the number of days an the bilg period. Der b rondlhg on a
defy bass or der to ni knum tharha charge aweasmo ht,
Nero may be a -40t o between the calculation and the
amount of finarra chanpa actually guessed.
3. Annual Pararebgs Ragas (APR).
a. The tom "Annual Percentage Rae' may appear
as, WW on the from of tine statement.
b. If the code P (Ous rtery Pore). L (Quarterly LIBOR), C
(Ousnedy CD), or S (Bor luerd Prime) appears on the front
of this wtmrmt nevi lo fine periodic rate(s), the periodic
raise and conreaprhdng ANNUAL PERCENTAGE RATES
may way quarlsly and nay increases or decease bred on
the slebd asficas, as bond in The Whit Street Journal, Plus
hie margn prsvuousiy dscosod to you. These ci elgse wil
be oRlflve on Nit goes day of your billing pasd covered by
your parkdc staged erdkV in the months of Jamey,
April. July and October.
c If Ihe .do D (Monthly Rime), F (Monthly LIBOR), or G
(11mostry LIBOR) oppeare on to from of your statement
red b the periodic rab(8Z the periodic rape and
corresponding ANNUAL PERCENTAGE RATES may vary
monthly end may nurse or decease lased on the staled
indices, as found in The Wall Shoal Journal, plus the
margin previously disclosed to you. Them dung. will be
atfalive on the first day of your billing period each moth.
!. Arermer s of Leh, Ovw%.lt and Rebound Payment
Fees. Under the hone of your customer aprosrrerd, ern
reserve hie right to weer or not to aasese try far wthow
Prior notification b you wthoutwaeng ourlfpp to arass the
semen aknlarfese at • Wartime.
t . e - YourAcommttsmarntertpfasappears
on dw front of youaalsenw hL you how 30 days from the
date this ralemem err rrh.Iled to you lo avoid Paying the
fee ar te have such fin ceddnd to you if you anosl your
account whims having to pay the manbalship fire. To
concd your account. You mural hotly w by alkg ow
Cuebma Relations
Deparfrrheni sin PaY Your lbw
Balance In full (excluding the membership fee) Prior to
the and of the t irlytlmy period.
& N You Close Your Account You an request to ripe your
amount by calling our Customer Ralatoes Department. You
must dssmy you ODAcod(s) and account afibas dada,
cancel all prrclhorized bang and Deese using your amount.
After your request to doss, If you comer to transact or do
not anal pmsuNObad ding errangemenis, we will
casiderraoeipl of a charge yoursuthodmtm to keep your
aocoum open. Addtiondy, your account hall net be d..W
until you pry as amounts you owe p including: any
oanssctlce you have authorised. finance charges, pest due
lose, ow,lik lees, ruunpd la)aren sea, ash advance
fees end any oterfese assessed b youraccoum. You re
resporA* Im lhwa "nouns ~w they tapper m you
sccwm rthe tine you equest to dose the account or they
are Incurred subsequent to your requsat to ripe hie amount
This may mwk n charges eppow g on youraccoum after you
haw requested the account to be dosed.
T, using Year Aecaws. Your card oracwum cannot be used in
connection with any Internet gahbtg barswisom,
8. Notice Abed Electronic Check Convaroak-
When You Provide a chock se paymrent, you ewhortte us
either to use idonorkn from your check to a"a one-time
eI-V-fund bonslar from your be i .m d or y process
the payment = a check transaction. When we use
khlomeborh from you check b make an eleponlc fund
transfer, funds may be weledrrawn from your bank account as
mom W the sane day we rases you payment, end you will
not mocha your check back from your henWl ihsthution.
BILLING RIGHTS SUMMARY
(In Cato of Evora or Questions about Your BID)
If you think your bill s wrong, or it you need more informal- on
a b'enasdiarh or big, wens to w on a separate ahset as soon as
Possible at ere addrasa for inquiries shown on the furl of this
statement We hart hear from you no star rim So days efts wo
from you to first big on which the error or problem appeared. you
can rag ou CuWOnrer Relalop number, but doing so will not
prawve your rights. In your Mier. give"tin fufinwig
htonrhWon: your rare and account nunhber, the dollar amount
of the suspected error, a description of the enor and en
explanabn, t porlWa, of why You behove Nam is an ante; or if
you need coos infomrlicn, • de PL- of the it.. you are
mire about You do not haw to pay any amount m queabon
while we are hvWdgaarg g, but you we still obligated to pay the
Pens of yaw bill that am not In question. Whha we Inwaogae
your quurstion, we cannot report you as delinquent or take any
action to oleo to amount you question.
2, t Spacial Rule for Credit Card Purdhnse
If YOU have a problem with ft quality of property or services that
you Puncased with • edit cad and you have tried n good faith
In Cored the problem with the m ordkea, you rn y hew the right
no to Pay the ramalnng amount der on the property a services.
You have Ws protection only when sit purchase Price was more
than $50.00 and the purchase was made in yaw home state or
within 100 miles of your moiling addee e. Of we own or operate
the merchant, r it we nhaese you the advemsahent for the
property or services, all purchases are covered regardless of
err"" or loatlon of Purchase.) Plasse remember to sign all
anaepordmnce.
t Doss not apply tab consumer, nencmde` card accounts
S Doer not aA* to business, non-cm fir card accounts
Cspald One supports imrmation Privacy Protection: see our
weeskea .
Capital One Is a federally registered service mark of Capital One
Financial Corporation. AN rights reserved. O 2006 Capital One
TC-08
01 DMto58 - 1 - D4170/07
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try dhrfom may not be eldbd a dine day ae move tam. Our soma eats as sosq 1=0 Study, acdYg holidays.
Pswdo cot use staples, paw elm, eh. when Papering your larmoL
CAPITAL ONE BANK (USA), N.A.,
Plaintiff,
V.
GREGORY L JESELNICK
Defendant(s).
VERIFICATION
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 an authorized agent of Capital One Services,
Inc., an affiliate of and service provider to CAPITAL ONE BANK (USA), N.A., Plaintiff
herein, and that he/she is duly authorized to make this Verification, 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
Dated: 2 0o g
thony Sit
A049
WELTMAN, WEINBERG & REIS CO., L.P.A.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-05080 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAPITAL ONE BANK USA NA
VS
JESELNICK GREGORY L
SHAWN HARRISON , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
TL OUT TTTrI I r_UVr_nnv T. the
DEFENDANT , at 1027:00 HOURS, on the 6th day of September, 2008
at 491 N 25TH STREET
CAMP HILL, PA 17011 by handing to
ANGELA JESELNICK, WIFE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
1) 1
Sworn and Subscibed to
before me this
of
So Answers:
18.00
14.00
00 ?_.
10.00 R. Thomas Kline
.00
42.00 09/08/2008
WELTMAN WEI UDDe EIS
By.
day 11-3 ty Sheriff
A. D.
09/24/08????
To: The Court Of Common Pleas Of Cumberland County, Pennsylvania
Civil Division
From: Gregory L Jeselnick
491 North 25th Street
Camp Hill, Pa. 17011
717-761-8832
Re: No: 08-5080 Civil Term
Complaint In Civil Action
VS.
Capitol One Bank (USA), NA
Plaintiff
Gregory L Jeselnick
Defendant
Council 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 Ph.
412-338-7310 Fax
06793131 C N Pit KLA
I am being sued for failing to make monthly payments on a credit card ending in account
number 5747 with a current balance due of $2245.56 as of july 29, 2008.
I have had this credit card for many year, and have regulary made payments on it.
I have recently lost my job, and although I have ben seeking full time employment, I have not
Been employed full time for some time now.
I had spoke to representatives with the credit card company, and explained the situation,
I informed them that I could not make the minimum payments. I was told that I needed to
Make the minimum payment or I would continue to receive collection calls.
I intend to make good on my debts, And I want to resolve this issue, Recently, I have been
Struggling though a difficult financial time.
I would appreciate the opportunity to be on a payment plan to resolve this issue.
Sincerely
1 ?.?Illr
Gregory L Jeselnick
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA), NA
Plaintiff
VS.
No. 08-5080 CIVIL TERM
PRAECIPE TO SETTLE, DISCONTINUE
AND END WITH PREJUDICE
GREGORY L JESELNICK
Defendant
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
JAMES C. WARMBRODT
PA 1.D #42524
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#6793131 TIC
4
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA), NA
Plaintiff
vs. Civil Action No. 08-5080 CIVIL TERM
GREGORY L JESELNICK
Defendant
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:
JAMES C.
PA I.D #4
WEL
1400 K nc
WEINBERG & REIS CO., L.P.A.
Building
436 See h Avenue
Pittsb , PA 15219
(412034-7955
WWR#6793131
Sworn to and subscribed
Before me the /3
Day of FEBRUARY, 2009
NOTARY PUBLIC
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