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HomeMy WebLinkAbout08-5593V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No. 0 ` -43 Ci`rl / Rr%n vs. COMPLAINT IN CIVIL ACTION ASHOK AGARWAL individually and D/B/A ASHOKA BOUTIQUE Defendant 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#06767544 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. ASHOK AGARWAL individually and D/B/A ASHOKA BOUTIQUE 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 CUMBERLAND COUNTY 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 at 15000 CAPITAL ONE DRIVE RICHMOND, VA 23238-0000. 2. Defendant, ASHOK AGARWAL, is an adult individual engaged in business as ASHOKA BOUTIQUE with a last known address of 519 COBBLER CT MECHANICSBURG,PA 17050 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 4115072562468226. 4. Defendant made use of said credit card and has a current balance due and owing to Plaintiff, as of July 17, 2008, in the amount of $2,101.7. A true and correct copy of Plaintiff's Application 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 is entitled to the addition of interest at the rate of 28.10% per annum on the unpaid balance from July 17, 2008. 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, ASHOK AGARWAL individually and DB/A ASHOKA BOUTIQUE individually, in the amount of $2,101.7 with continuing finance charges thereon at the rate of 28.10% per annum from July 17, 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. 6 il'6 -9 1 William T. Molczan, uire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR#:06767544 FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date $1,372 04 - $0 00 + $33 21 + $35 00 $1,440 25 $440 25 Feb 23, 2007 Dec 24, 2006 - Jan 23, 2007 Page 1 of 1 Visa Business Card Account 4116.07264246.8226 CaphWOne .® Your Account Itdonnation TOTAL CREDIT LINE $1,00000 TOTAL AVAILABLE CREDIT $000 CREDIT LINE FOR CASH $1,000 00 AVAILABLE CREDIT FOR CASH $000 7Ch&ges ease see reverse for important mo mation) rate Periodic Comarding FINANCE to rate APR CHARGE 72 0 07712% D 2815% $1362 9.42 0 07712% D 2815% $1959 RATE applied this period. 28.15% ® Af Yourservice 1.800.86741904 To cal Customer Relations or to report a lost or stolen card ® Seth payments to. Capital One, FSB P.0 Box 70985 Charlotte, NC 28272-0995 A Send incpdrles to. Capita One P 0 Bak 30285 Set Lake City, UT 84130-0295 Your account is sic payments behind 8we charge o8 your acownt due to late payments, we will report the charged-of status to several national oedt bureaus, arhd the purchase APR as reflected on this at rWWI will be applied to ell your ouatandsg balances Act now to prevent this from happening Please pay the amount due on your statement or give us a call at 1800 955. MW We9 work with you so you can take oontml of your amount and start rebuilding your credl with Capital One "Important Notice" At this time we are unable to provide your Rewards Summary To review your current liewaNs balance or additional Rewards information, please cal the number on the bad of your credit card We apologize for any inconvenience this may cause Payments, Credits & Adlustments Transactions 1 23 JAN PAST DUE FEE $3500 Under terms previously disclosed to you, some or all of your Annual Percentage Rates (APRs) have been mcra issd since your account was past due twice in the past 12 filing cycles. If your rates have already moused, subsequent delinquencies extended the duration of the increased rates Remember t we receive your minimum monthly payment on time for 12 consecutive killing cycles, this account will be reviewed for a possible return to your Non-Introductory APR When you provide a check as payment, you autrnze us either to use information from your check to make a one-hne electronic find Vwster from your account or to process the payment as a check transaction When we use information from your check to make an electronic fund transfer, finds may be withdrawn from your account as 500111 as the same day we receive your payment, and you will rot receive your check back from your financial msirtirticn You were assessed a past due fee because your rrnmum payment was not received by the due date To avoid Q For mom information on your Small Business account. this fee in the future, we recommend that you allow at least 7lwsness days for your muwrnum payment to reach Yen: www ceprakxe.mrrisnallousms Capital One 6056 506 1 7 23 070123 PAGE 1 of 1 01BC6056 PLEASE RETURN PORTION BELOW WITH PAYMENT 7 4115072562468226 23 1440250010000440254 what's in your walle0 Account Number. 4115-0725-6246-8226 New Balance Minimum Payment Due Date Please print address or phone number changes below using blue or black ink C$1,440 25 $440 25 Feb 23, 2007 Address PLEASE PAY AT LEAST THIS AMOUNT Home Phone Altemate Phone E-mail address Q Amount Enclosed , ct'1002411648L144487a MAIL ID NUMBER ASHOK AGARYAL ASHOKA BOUTIRUE Capital One, F.S.B 511 COBBLER CT P.O. Box 708&5 1r1n111uu1r1u1n11 MECHANICSBURG, PA 170511-8700 Charlotte, NC 28272-08&5 6767544 Please write your account number on your check or money order made payable to Capital One, F S B and mall with this coupon in the enclosed envelope EXHI?1 CIA 4 VERIFICATION CAPITAL ONE BANK (USA), N.A. vs AGARWAL, ASHOK 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, ARYONNE MABSON, Authorized Agent, of CAPITAL ONE BANK (USA), N.A., 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 convect to the best of his/her knowledge, information and belief. ARYONNE MABSON u 'c • Oudieyium. Notary Public, Qekalb County, Georgia My Commission Expires January 19, 20091 4115072562468226 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. i rTl ui _< SHERIFF'S RETURN - REGULAR F SASE NO: 2008-05593 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS AGARWAL ASHOK ET AL 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 AGARWAL ASHOK I/A/D/B/A ASHOKA BOUTIQUE the DEFENDANT , at 0020:08 HOURS, on the 23rd day of September, 2008 at 519 COBBLER CT MECHANICSBURG, PA 17050 RASMI AGARWAL by handing to DAUGHTER OF DEF/EMPLOYEE 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 18.00 Service 12.00 Affidavit .00 Surcharge 10.00 1'010Q/DP ()I .00 40.00 Sworn and Subscibed to before me this day of , So Answers: ?z R. Thomas Kline 09/24/2008 WELTMAN WEINBERG & REIS By: Ve?rputyy Sheriff A. D. SHERIFF'S RETURN - REGULAR *NASE NO: 2008-05593 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS AGARWAL ASHOK ET AL 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 ASHOKA BOUTIQUE the DEFENDANT , at 0020:08 HOURS, on the 23rd day of September, 2008 at 519 COBBLER CT MECHANICSBURG, PA 17050 RASMI AGRAWAL by handing to DAUGHTER OF DEF/EMPLOYEE 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 n00 lu'b Sr?o 8 ?P 1 Sworn and Subscibed to before me this day So Answers: 14-107 R. homas Kline 09/24/2008 WELTMAN WEINBERG & REIS 14 By: 10? eputy Sh riff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. No. 08-5593 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT ASHOK AGARWAL individually and DB/A ASHOKA BOUTIQUE Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D.#90963 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 1.5219 (412) 434-7955 WWR#06767544 Judgment Amount $ 2,394.62 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. I .\ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 08-5593 CIVIL TERM ASHOK AGARWAL individually and DB/A ASHOKA BOUTIQUE Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, ASHOK AGARWAL individually and DB/A ASHOKA BOUTIQUE above named, in the default of an Answer, in the amount of $2,394.62 computed as follows: Amount claimed in Complaint $2,101.75 Interest from June 17, 2008 to December 15, 2008 at the interest rate of 28.10% per annum $292.87 TOTAL $2,394.62 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELT N, WEINBERG & REIS CO., L.P.A. By: Matthew D. Urban, Esquire PA I.D.#90963 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06767544 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7 b Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 519 COBBLER CT MECHANICSBURG,PA 17050 '4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff ASHOK AGARWAL individually and DB/A ASHOKA BOUTIQUE Defendant TO: Ashok Agarwal 519 Cobbler Ct Mechanicsburg,Pa 17050 Date of Notice: ^ W WR#:06767544 CASE#: 08-5593 CIVIL TERM IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. By: (A-GtfA /" 6VC04M"Q"r- PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN WEINBERG & REIS CO., L.P.A 1400 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 (412) 434-7955 W WR #06767544 • `t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff ASHOK AGARWAL individually and DB/A ASHOKA BOUTIQUE Defendant TO: Ashok Agarwal D/B/A Ashoka Boutique 519 Cobbler Ct Mechanicsburg,Pa 17050 11 Date of Notice: t -710 W WR#:06767544 CASE#: 08-5593 CIVIL TERM IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. By: Tk"t ? ". dAw4;%vu PATRICK THOMAS WOODMAN PA 1.D. #34507 WELTMAN WEINBERG & REIS CO., L.P.A 1400 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 (412) 434-7955 W WR #06767544 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Case no: 08-5593 CIVIL TERM NON-MILITARY AFFIDAVIT vs. ASHOK AGARWAL individually and DB/A ASHOKA BOUTIQUE Defendant The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, ASHOK AGARWAL individually and D/B/A ASHOKA BOUTIQUE is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, ASHOK AGARWAL individually and DB/A ASHOKA BOUTIQUE is not in the military service. Further Affiant sayeth naught. AF IANT SWORN O AND SUBSCRIBED in my presence thisChay _.?. of LWInibiX COMMONWEALTH 0- IF PENNSYLVANIA ? Notarial al Seal N ARY PU C Fwayne A. Jones, Notary Public f Pittsburgh, Allegheny County rt*+ 5;:7icn Expires June "29, 2010 Association Pennsylvania sociation of Notaries This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 DEC-15-2008 08:22:52 -< Last Name First/Middle Begin Date Active Duty Status Service/Agency AGAR WAL ASHOK Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink.mil/faq/pis/PC09SLDR.htm1 WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 12/15/2008 Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: BCL YIQGIAV https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 12/15/2008 oo p _. 73 :z IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 08-5593 CIVIL TERM ASHOK AGARWAL individually and DB/A ASHOKA BOUTIQUE Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Jud ent was entered against you on (xx) Assumpsit Judgment in the amount of $2,394.62 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: PRO ONOT TY) ASHOK AGARWAL 519 COBBLER CT MECHANICSBURG,PA 17050 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7s` Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. ASHOK AGARWAL individually and DB/A ASHOKA BOUTIQUE Defendant Civil Action No. 08-5593 CIVIL TERM NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or ud ent was entered against you on (xx) Assumpsit Judgment in the amount of $2,394.62 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( } Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: PR HONOT R PUTY) ASHOK AGARWAL DB/A ASHOKA BOUTIQUE 519 COBBLER CT MECHANICSBURG,PA 17050 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7a' Avenue, Pittsburgh, PA 15219 1-888-434-0085