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HomeMy WebLinkAbout08-5357IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff No: CJ$ - Jrr? l.??vil?rri VS. COMPLAINT IN CIVIL ACTION ADAM M GORDON 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 06808356 C N Pit SMI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), N.? Plaintiff VS. Civil Action No ADAM M GORDON 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.A 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: ADAM M GORDON 111 MAPLE DR MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXXXXXX4868 . 4. Defendant made use of said credit card and has a current balance due of $3557.20 , as of July 24, 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 27.600 per annum on the unpaid balance from July 24, 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 , ADAM M GORDON , INDIVIDUALLY , in the amount of $3557.20 with continuing interest thereon at the rate of 27.6008 per annum from July 24, 2008 plus costs. James C. Wa rodt,42524 WELTMAN, WE ERG & REIS CO., L.P.A. 436 Sev nth venue, Suite 1400 Pittsb gh, PA 15219 (412) 34-7 55 FAX: 4 2-3 8-7130 068083 6 N Pit SMI This law firm is a debt collector attempt to collect this debt for our client and any information obtained ' 1 be used for that purpose. Q*ftaiOne• 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 &= 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 aff. 0 2006 Capital One Services. Inc. Capital One is a federally mpirtered service mark. All rigbu reserved 500013-08503 FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date $2,797.00 - $0.00 + $64.44 + $39.00 = $2,900.44 $600.44 Nov. 19, 2007 .,?. Sep. 26, 2007 -Oct. 25, 2007 Page 1 of 1 MfASE env AT LMT Ms Ak10UNr Visa Platinum Account 1062-3623.71131-1068 Your Account Information TOTAL CREDIT LINE $2,300.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $2,300.00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please see reverse for important intomatgn) Balaapplinceed to Periodic Corresodtding CCHARRGE Purchases $2,835.75 0.07575% D 27.65% $64.44 Cash $0.00 0.07575% D 27.65% $0.00 ANNUAL PERCENTAGE RATE applied this period: 27.65% ® At Your Service 1800-903.3637 To cep Customer Rdslm a toreport a lost m stolen card: ® Send payments to: Capital One Bank • P.O. Box 70884 - Charlotte, NC 29272.0884 Your account is six payments behind. If we charge off your account due b 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. Ad 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 irtmlediately. However, Capital One has elected not In raise your APRs at this fire. Please be advised that If you fad to keep your amowt in good stardrig, Capital One reserves the right to raise your APRs in the future. Payments, Credits & Adiustments Transactions 1 20 OCT PAST DUE FEE $39.00 A Send Inquiries to: You were assessed a capital One - P.O. Box 30285 - Salt Lake City, UT 64130-0285 Pas[ due fee because your minimum payment was not received by the due date. To avoid this fee in the future, we recommend 81st you allow at least 7 business days for or your minimum payment to reach ® Have a question about a charge on your statemer? Capital One. Please refer to the Billing Rights Summary on the back of your statement or visit www.oaoilalone.corridismrtes. l 6056 506 1 07 25 071025 PAGE 1 of 1 OIDM6056 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO W W W.CAPfTALONE.COM TO MAKE YOUR PAYMENT ONLINE Cewwow I what s in your wallet?. New Balance Minimum Payment Due Date $2,900.44 $600.44 Nov. 19, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed L Capital One Bank P.O. Box 70164 Irlrrltrllrrrlrltrllrl Charlotte, NC 28272-0884 III IIIIIIIIIII Build Account Number: 4862-3623-78344868 Please print address or phone number changes below using blue or black ink. 4862362378344868 25 2900440120000600642 Home Phone Alternate Phone E-mail address #9029902770532633# MAIL ID NUMBER ADAM N GORDON 111 MAPLE DR MECHANICSBURG, PA 17050-2765 rrrllLrrllLtrrlddhrtrddlerrLlLrtLlrrtrlLerlldrlr Please write your account number on your check or money order made payable to Capital One Bank and mail with this coupon in the endosed envelope. ADAM M GORDON 1. Haw b Aharid • Flnanp ChrOa. t a. Grace Period. You we have a mhhnum grace period of 25 days without feanca charge on new purchases. new bakeries tr vorless, now, aPecal purchases and new, cchoir charges If you pay your Used 'Now Sakence', In 80001/1/11109 with the Imported Notice for payments below, and in time for t to be redilod by you payment due data. Then is no grow period on cash advances and special harWars. In addition, there Is no grace period on any transaction If you do not pay the total 'Now bakna.' b. Acowing Finance, Charge. Tramisedone wNCh we no sUbW to a grace period m aeee wood Anance charge 1) tom it* door after .. m2),homthdesethe baraWim a pooasaad b you Arnett r3) turn to fvat calendar day of fire current biag period. Additionally Wyou dd not pythe "law Baiwme ham to previom bgkg period In Rd. fiance charges continue to soma to your onpod bataarce eME tlu upstd behom Is paid in full. Thia momma der you may atls ow 6nsnde charges, Wen IF you pay the erdke New Berne kdhaeed on she hex d your sediment by the psymerd due data, but rid not do an fr tla prWire month. Unpaid licence charges m added to the applicable segment of your Account. t e. 1111nimx11n illy a Charge. Fr each bMng Period da yam Rumrd Is subject to a finance carps, a minimurn steel FINANCE CHARGE otS0.50 well be imposed. t d. Temporary Reduction M Pi- Charge. We reserve tie dgm to not aaasr any or as finance charges for any given bang period. 2. Menace Day Balance Pro eding New Prdnre4 FherrCa charge is nladassd by nettlplyeg the day balmoa of each segment of your ampmt (e4, Cash advance, 1ludnas, spocW one W. and Ricca! Purchase) by One corresponding doily Periodic mota(s) rice has been previously disclosed to you. At the and of each day during 001 bang period, we apply the defy periodic row for each segment of yoramr,m to the day balance of each segment. Than at de and Brio bWoV period. we add up the noncom of these day cedtetons b arrive at your periodic ddvance Omp fr soon segment We add tip ft resift from each aeprea b salve 81 the WW parodc fiance dame fr ynuacoaud. To get the defy balancelor each segment of your oowjM w asks the page rrg balance for each segment and NW any now aarasaalomi and any periodic Snare ck ow calculated on de previous dys bean for tw legroom We 0nemh wbert any psya-as or creel e pooled a of tot dry rice m &&x= W to tat seg nr.t. This ghas w the aaperare doily balance for 62M segmrt of your sccoum. Noway, tyou paid the Now Beane shown on your previous statement in ful (r tyour now, balance waa aro or a refit rnourd), row earaadira, which palm you pudam or specs purchase rgmets m not added to the dray bWnces. Yb M W@% the avenge day batarre by adding ef de doily boloricas together and dNidng to sum by to 01onbsr of rice days in the current billing cycle. To cakzabta you total feranca charge, multiply you overage day balance byte daily periodic ram and by ris n a des, of days in to -W prod. Dus lo mussing on a dory bask or de to minimum *omoc conga ase-mint. IWO may be a variance between this calculation and the amount of sbarce charge scoo y aasseed. 3. Am oll Parnamge Rastas (APR). a. The bmm'Annual PeromUg , Rob' may appear ss'APR' on tb terra of ego aasbmmL b. t am code P (Oww" Prime). L (Ot manly UBOR). C (Ouerterly CD), or S (Brhkcard Prkea) appears man front of ibis abmrrasnt bad to to Wtoft raw(a), Nor periodic raise and eonasprding ANNUAL PERCENTAGE RATES may way quarUAy and may Inueeas or drrsoas based on to alrad'rbdow r lard in The Well SOW Journal, plus to mrgin pr v iraly discoptl b yin. There changes wit be eaWive on has be day of your Bing period covered by you Parodic statement ending In rid mcrtas of January. April. July aed October. a. If to met 0 (Monthly, Prime), F (Monthly LIBOR), or a (Traserry LIBOR) eppeare - the sons d your stwment nerd to the periodic raa(e1, t periodic rates and mmesPo ding ANNUAL PERCENTAGE RATES may wry rtnnt WY rd may eareeaa or ds01are brad on the rtatad hdlor, - tou d in Th. Won Soviet Jounroil, pit* am margin previously disclosed to you. Those dwrges w o be eahrJNa on has and day of your billing period each mood. a. Aaaarnrt of look 0-11 a and Raaanad Payment Fsas. Under the terms of your 01saw_ epreenem, caw masrva rie right to wive or not to assert 1y tees without pdr rrodkesan b you wklout w W vsrp ournyt n stars tick enter sanilartesa a • hmrtimm?e. t5.111 smmWr. Yc rAccourlt N o menbrship far appws - tha hint dyer arrnot, you hoe 30 dyo from to time is taunts d was mend to you to riod paying to tee r b Iravs such be radmd to you it you earnCal your 11coout without h" to pay the membership fals. To Gros youra(MataaL you must notify as by plop our Customer Reletrr Department and Wy your'Nev Belmca' in bl (excluding the members* loo) pier o the ad or the tmiatyday pmod. 6. It You Chet Yew Account. You can eglea to coo your account bycalling ourCuMnwReladingDepor em_You must destroy your as& card(s) and account Room dasdas, commit d PraaWmrized birg and Oaase caging your account. After your rogtest to does, a you continue to erased or do not coral pruhorind bang arrangements, w %Ai cam kke melt da cope your authorization b keep your account open. Additionally. your account will not be obsed until YOU pay ef onouusa you owe us including: arty bansecrbna you have Muth, R-oe charges. past due bas, ovrbrla bet, returned payment fees, cash ad- bas and ay clhr boa sesered b your amount You m -wwwEls for tote arnunk what-toy appear on Your roves at the cons you request to does tro amount r they m rrvned subsequam to your te"win to cola the -M. This toy n Ain d-gw appeadrg onyouramoum Neeryou have rapesied the euoaud to be dosed. 7. Using Yaw Account. Your card oraccoura cannot be used in connection with any Inhomet gambling transactions, 6. Notice Abort Elealrourk Check Conversion When you p, a check as portiere, you oudwrice w ~ to use intomrion from your check to make a on"" electronic, band oarwNr hom your bank aocouht or to prmme the payment as a shook tramaclon. When w use hfomasten from your dark to make on stecronlo band transfer, funds may be wshrawn turn your bank account r tom as to sane day w mome your payment, and you will not receive your chock back ham your f nwnde InstNrtlon. BILLING RIGHTS SUMMARY (h Case of Errors or Ouastlrr about )ibur BE) N youtdbyour bill kwring,rayouneedmore Ift slon on a tmarlon or bbl, whta to us on a aaperak chat a aeon a passible at to address for I Kate let shown on to (rant of M Macon eM We need hear hom you no later rian 60 days oiW we We you ft Aar bill on which 601 error or MOM speared. You can call our Customer Reb6ons number. but citing so wit not pretarw you n*AL In your killer. give"to WI." hb.u#-: your fame and acount number. Me ddar amount of ae suspected error, a description of the rrr and an i plaraton, If POSWW of why you balk-toe Is on --. or If you need mot idormatirh, a description of the item you art unsure about You do not haw to ray ashy amount h question while w me inwoodgisong it. but you me *0 obligated to pay the Pub of your bet trot am not I. quest.. While we in- -gets your question, w cannot repel you as deenquert or revs any action to ocelot de about you question. S. t Specie Able for Credit Card Purchases It you have a problem with to quefty, of property, r services that you purchased wilh • ondit card and you hew triad in good faith n correct the problem with ft rhorol - you may have On two not b pay the nmstni g aneus clue on the property or earACei. Yin ha- tint protection only when rid purchase pica was mom den $50.00 and the pucaar car nosh In you home state or within 100 mils ryour rrrefkg address. (If w own r operas tie rmwchant, or If w moled you the adwNae ment for Uta property or services, all purchases m cowered regardless; of amount or lomi of purchase.) Pease remember to sign all correspondence, t Does not sppyb corerarrer mnCrsds card -ooisss t Does not apply to Was- nrtrtdl card smomta Capital One supports admission privacy protection: see our wabslta at WMANAMMaAgM C 40W One Is a %6waty registared service mark of Capitol One Financial Corporation. AN rights nerved. O 211106 Capitol One 01 DM6056. 1. W/10107 aapan.tasaos:PayhrarYMmillbNwRes=dldbyeaaocmitMcfebMW=dryasMesae,l I I (1)puntsadto bob. piton offs samrnad yam dud h fe wdnW emefenw wabpead R) )ors pa)teaa k el o M h M ppprppilg tamer by3pn.ET(12row PT).PeaarabwatbWrm(5)bnkmdrysforprimdally.Pvpwb Ieoehsd bymstaimarioct I ash wryowfwmmayartmmtlkdrdfednywmo kmOrbsbaar drysn Messy thigh SaWday, areudkg holarys. Pore CID not w slopes, pelardps, oft. who papering yea p eymot. CAPITAL ONE BANK (USA), N.A., Plaintiff, V. ADAM M GORDON 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: rl b(D Z L? ?? Antoinette Miller A049 WELTMAN, WEINBERG & REIS CO., L.P.A. c,n co SHERIFF'S RETURN - REGULAR CASE NO: 2008-05357 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK US N A VS GORDON ADAM M KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE GORDON ADAM M was served upon the DEFENDANT , at 0940:00 HOURS, on the 12th day of September, 2008 at 111 MAPLE DRIVE MECHANICSBURG, PA 17050 ADAM GORDON 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 12.00 .00 10.00 00 40 00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 09/15/2008 WELTMAN WEINBERG REIS By. Dep She A.D.