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HomeMy WebLinkAbout08-5762 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), N.pr Plaintiff vs FRANK J FALCO Defendant No : el, 5-7(1 ol U U l 1 UAW COMPLAINT IN CIVIL ACTION 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 06782249 C N Pit KLA TRUE 60PY FROM CORD In Testimony w r6of, I ? . lin and the seal of sa Co hand at Carlisle, set Pa. Pa. This ......J d of..Jf Prot* notary v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), N.9 Plaintiff VS. Civil Action No FRANK J FALCO 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.Ais a corporation with offices at 15000 CAPITAL ONE DRIVE RICHMOND , VA 23238 . 2. Defendant is adult individual(s) residing at the address listed below: FRANK J FALCO 308 RENO AVE APT lA NEW CUMBERLAND, PA 17070 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXXXXXX9651 . 4. Defendant made use of said credit card and has a current balance due of $1415.02 , as of July 22, 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 22, 2008 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1" and made a part hereof. Capital0ne° NOT PAYING YOUR DEBT 500073 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 frig 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 is a federally registered service mark. All ngbis reserved 500013-08503 FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date $1,063.54 - $0.00 $24.62 $39.00 = $1,127.16 $377.16 Nov. 12, 2007' .•:•. Sep. 18, 2007 - Oct. 17, 2007 Page 1 of 1 KI-F PAY AT I FACT TNIC AFYY IuT MasterCard Platinum Account 5176-0572.5021.9651 Your Account Information TOTAL CREDIT LINE $750.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $750.00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please see reverse for importantinfonnation) %lancerate Periodic Corresponding FINANCE ppiiedto rate APR CHARGE Purchases $1,013.77 0.07575%D 27.65% $23.04 Cash $69.34 0.07575%D 27.65% $1.58 ANNUAL PERCENTAGE RATE applied this period: 27.65% ® At Your Service 1-M-903-3637 Toms Cusmo RelationsmtDreportslostwstolenram: ® Send payments to: Capital One Bank - P.O. Box 70884. Charlotte, NC 28272-0884 Your accountis six payments behind. H we charge off your accountdue to late payments,we will report the chargedoffstatus to several national credit bureaus, and the Purchase APR as reflected on this staterthentwill be applied to all youroutstanding balances. Act now to preventthis from happening. Please pay the amoumdue on yourstatement or give us a call at 1.800.955.66DO.We'II work with you so you can take control of your accountand start rebuildingyourcredh with CapitalOne. "ImportamNotice'•Underthe terms we previouslydisclosadto you, your accountis now eligiblefor an increase in Annua[FNr ntageRates(APRs)a/feeliveimniediately.However,CapitalOne has elected not to raise your APRs at this time. Pktase be advisedthat if you fail to keep your account in good standing, CapltalOne reserves the right to raise yourAPRs in the future. Payments, Credits 8 Adiustments Transactions 1 12 OCT PAST DUE FEE $39.00 A Send Inquiries to. You were assessede past due fee because yourminknum paymentwas not received by the due date. To avoid CaPBal One P.O. Box 30285- Sall Lake City, UT 84130-0285 this fee In the future, we recommendthat you allow at least 7 businessda s for Y y yourminhnumpayment to reach ® Have a questionabout a charge on your statement? Capital One. Please refer to the Billing Rights Summaryon the back of your statementor vise www caoitalone corrydisoWes r/Y AYII 6056 am 1 07 17 071017 PAGE 1 of 1 O1DMe056 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPrrALONE.COM To MAKE YOUR PAYMENT ONUNE Cap# OW what's in your wallet?* New Balance Minimum Payment Due Date F$1,127.16 $377.16 Nov. 12, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed Capital One Bank 1111FI11111rrlllFlltll P.O. Box 70884 Charlotte, NC 28272-0884 L1LII1rLrFLIIFrdIdJILF1LILIFJr11rFILFIrrLdlFrFll 5178057250219651 17 1127160025000377166 Account Number: 5178-05725021.9651 Please peke aatlleas or phone nurber denges below using blue or black Ma. Address Home Phone Akentafe Phorre E-mail address #9029103183984624# MAIL ID NUMBER FRANKJ FALCO 308 RENOAVE APT 1A NEWCUMBERLANDpA 17070-1821 l1lIIL1rIILrdIrIIIIrlllrlllLdrlddlydl,ltll,trllrrr 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. FRANK J FALCO 1. Now to Avoid a Finance Charge, t e. Gran Period. You Will haw a minimum grace period of 25 days without finance charge on new purchases, new balance senators. new special purchases and maw other charges If you pay your total -New Balance-, in acconlance with the Importers Notice for payments below, and in time fr It y be Credited by you payment due day. There is re gram period on cash advances and special transfers. In addition, them Is no grace prod on any bansactbn If you do not pay the Witt -Nave balanco.' b. Accruing Finance Charge. Traneac ions which we not subject to a gram period one assessed finance Chortle 1) from to date of the tansrtrh r2) from the day the tmnsacion is processed to your Account or 3) from the fast calendar day of the dRpant Wit; pebd. Additionally, t you did not pay the -New Balance from the previous bBYg period in full, finance dirges continue to sc lue to your unpaid balance until the unpaid balance is paid in full. This means that you may still owe firrlce charges, even If you pay the entire New Balance Indicated on the from of your statement by the Payment due day, but der not do so for the Previous month Unpaid finance charges era added to the applicable segment of your Account t c. Wheals Finance Charge. For each Wing period that your accent I. tamed te a tnerxs charge, s meamun aryl FINANCE CHARGE of $0. So h,A be I p a d. t d. Temporary Reduction in Ft, Charge. We reserve the right to not news any or all trance charges for any given mtng period. 2. Average Day Balance (Including Maw Pumhases4 Finance Charge is Cokeaaed by mhnplyehg to daily balance of each segment of your eccoum (e.g, cash advance, Purchase, $Wlsl transfer, and spedY prchass) by the --pons ing day parodic rate(.) that has been previously disclosed to you. At the and of each day during the billing pmiad, we apply ter daily periodic ray for each segment of your account to the dally balance of each oegrhem. Than d IM and of the bieg Period, we add up the remote of these day Calculation; to arrive M your pedodk fiance Charge for each segmat VJe add w the meals from each segment to ante M the Iral Periodic finance charge for your atxaurhL To get the daily balance fer each segment of Youraoount, was lake the beg" balance for each segment and add are rev,transactins and any penodic finance doge calculated W the previous days balance for to segment We tell subtract my payments or redts posted as otter day that acs aloc*W to Us, segment. This lives us to saPa ate daily balance for each segment of your account. However, If you Pad ter New Balance shown on your previous statement In full (r If your new balance was zero or a Credit amount), Clew transactions, which pod to your purday or special purchase segments re hot added to the day balances. We calculate the average day balance by adding all the day belances together and dMdrhg the sum by the number of the days In to prom biting cycle. To Calculate your foal finance charge, multiply your average ay balance by tie daily penock rate and by the number of days in the bigrg period. Due to rwndag on a daily basis or due to minimum Samoa Charge assessment, here may be a variance bemoon this mkulation and the amount of finance charge wwaiy asseseed. 3. Annual Parorntags Rays (APR} a. The term 'Annual Percentage Rate' may appear as'APW on dhe front of this staemat b. E ON code P (Guartedy Prime). L (Gurterly UBGR), C (Guemedy CD), r S (Braced Prime) appears on the from of this statement hell to the periodic rate(s), the Periodic rates and corresponding ANNUAL PERCENTAGE RATES MY wry oaraalYad may Inhzasse or decrease based on the steed iMkes, as foul in The Wall Street Jdmal, plus Ons mange, previously disdmed b You. These ;templet veal be eteeue on ft fir day of your blNrg period covered by Your Park tic starmem eadig in the morMa of January, April, July and October. a If the rode D (K-ft Prime), F (Monthly LIBOR) or G (11mmury LIBOR) appeee on the Rom of your stattmmom roxt to the Perlodo pay(s), to periodic rates and corresponding ANNUAL PERCENTAGE RATES my very monthly and may i term, r decrease based or the stated indices, n found In The Wall Sbeat its", Pas ihe margin Previously disclosed to yen. These changes veal be effective on the that day of your billing period each month. 4. Asseamhenl of Lida, OverBpat Wall Rebasr0 payment Fees. Under the terms of your oueyner agreement, " mss the right to mK* or not to assay any least %*lout pmornottmson 0Youwithout vgNigourright to asses to same a sinilsr teas at a late ante. t S. Ramming Yak Accour. it a membership fee appears the front of n your "amaN, you have 30 days from the data tea WAWr&M was meted to you to avoid Paying the fee or to hew such fee credited to you t you cerroat your account Wicut loving I. tend Your aCmaL you m? ? ?? W. To nady by calling our Customer Relater Department and pay your 'New Ralanoe' In full (escudirg the membership fee) prior to the and of the thirtydey period. 6. t You Close ram Aeoouh L You cen recurred to dose your account by calling "Customer Relations pepertmarrL You must destroy yon as& card(s) aad aomocrt acmes Checks, cencd al Psrrtlwdzod baling and mass, using your account After your hall" to dom, it you continue to aansad or do not Cancel prnuthodzad Wing arrangements, ",A, =aid. mosipt of adage your authorization to keep your emoted open. Additionally, your account will not be dosed until You Pay all amounts you owe us inducing; any trrractms you haw authorized. Brehm dirges, par due fees, Cwerl-* yea, rsaned Payment fees, Cash advance fees and any other left aseresed to your scroaum You she reeporhable fr those amounts wiser they appear on your acccu t at the tlma you request to dose the arnym or they are Incurred subsequem y Your request to does tlu acocum. This may raaat In charges appearig on your account after you have mWeated on account to be dosed. Using Your Account. Your ad or account cannot be Connadion with any Intent gambling trehaaCoom. 8. Notice About Electronic Cheek Conversion, When you provide a rheok r PaMeM, YOU authorize us eear to use inkamMion from your Check to Rake a one-tiros electronic fund rate from your bank acrourr r to process, ft payment as a theca transacbm When tale user Information from your deck to make an elachronio fund transfer, funds may be wthdrawm from your bank account as soon as tro some day vas receive your Payment, and you WIN not receive your check back from your Mandsl institution. BILLING RIGHTS SUMMARY (In Casa of Emors or Guesdons about Yoke BIIQ If you think your bill Is wrong, or If you need more Information on e transaction or bit, write to us on • separate sheet as soon as possible at tot address for irpukies sthomwm on the front of this slMement. We meat her from you no later than BO days after we sent you tear bill on watch tla error or problem appeared. You can call our Customer Relations number. but doing so wtl not pneerim your rights. In your latter, give us the following information: your name antl account mentor, the dollar amount of the suspected error, a description of the error and an explenstlcn, If possible, of why you believe more Is an amok, or If you need more Information, a description of the item you are unsure about You rte not haw to pay any amount in question while we are e,vsatlgatng a, but you are still obligsted to pay the pare of your bit tat era not In question. While we Investigate your question, are cannot repot you as delinquent or take any action to Coiled the amount you puedion. i, t Special Rule Ix Credit Card Prchses if you hew a problem wth fine quaky of property or services that you purchased with a radt ad and you have tried in good Lath to correct ere Problem ash to merchant, you may have the right not to pay ter rallhall Ing amours due on the property or -4mg. You have this protection only when the purchase prim was more than $50.00 and ter purchase was made In you home mate or wetlan 100 miles d your mating address. (If se own or operate the mrdham, or if wa maw you the adwrtsame t for the property or services, all purchases are covered regardless of amore or location of purchase.) Plum remember to sign all mrtspondence. t Does not eppy m con rumse noncredt card accounts S Dora not apply to business non?adf card accounts Capital One supports Information privacy protection: see our wabsite at yvww.ruNlWro evxhh Capital One is a federally registered savior mark of Capital One Financial Conpdrsten. AN rights reserved. C 2006 Capital One UI UM6056 - 1- 04/10/07 impala sim":Faymwteyou Mall a Well moamhsdb yourachanntrdeve wareasaywe eaheL MoNtled(h)you eemdaw bpmemmrlendan aalanaNandyardedkIn frnrbndrasrbnoarmaepeard(2) youpryname raaNrdn nrrvovvveorener by3 p.m.ET(12 noon PT). Plesraewateselfm(5)buesedapforoom ry.Pynrasrse. byuaerydheroy We, arty otlwrkxm may not m a W btl w a rive ay vas raise dam. Our drmaaan era Monday llv oo aebray. ead utlipMaye. Pewsmnotuse eraplea, WMrdM. sit. wanprapregydrpeyrrant. CAPITAL ONE BANK (USA), N.A., Plaintiff, V. FRANK J FALCO 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, that the facts set forth in the foregoing Complaint in Civil Action are true and correct to thg'fies? of his/her knowledge, information and belief. i i Dated: Sharonda A049 WELTMAN, WEINBERG & REIS CO., L.P.A. rn ?Tl `v SHERIFF'S RETURN - REGULAR CASE NO: 2008-05762 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA NA VS FALCO FRANK J MICHELLE GUTSHALL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FALCO FRANK J the DEFENDANT at 0013:42 HOURS, on the 2nd day of October , 2008 at 308 RENO AVE APT lA NEW CUMBERLAND, PA 17070 by handing to FRANK FALCO DEFENDANT 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 18.00 Service 17.00 Affidavit .00 Surcharge 10.00 .00 ro??3?OP" ? 45.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 10/07/2008 WELTMAN WEINBERG & REIS By: Deputy Sheriff A. D. r r CAPITAL ONE BANK (USA), N.A. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA VS. NO. 08-5762 CIVIL TERM FRANK J. FALCO CIVIL ACTION LAW Defendant DEFENDANT'S ANSWER TO COMPLAINT AND NOW comes Defendant, Frank J. Falco, by his attorneys, Purcell, Krug & Haller and answers the Complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that Defendant made use of said credit card. It is denied that the balance of $1,450.02 is due and owing. 5. Admitted in part and denied in part. It is admitted that Defendant has failed to make certain monthly payments. It is denied that the amount due is that set forth in the Complaint. 6. Denied. Plaintiff's statement does not indicate the amounts of penalties and interest charged and Defendant disputes the amounts claimed. r 7. Admitted in part and denied in part. It is admitted that Plaintiff has made demand for certain monies. It is denied that the balance owed is that stated in the Complaint. WHEREFORE, Defendant requests that the Complaint be dismissed. PURCELL, KRUG & HALLER By-.-- Leo . Haller 1719 North Front Street Harrisburg, PA 17102-2392 (717)234-4178 Attorney ID #15700 Attorney for Defendant, Frank J. Falco Dated: December 1, 2008 I" VERIFICATION I, LEON P. HALLER, ESQUIRE, Attorney for Frank J. Falco verify that the statements made in the foregoing Defendant's Answer to Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Owing to the time constraints involved, counsel for Defendant is signing this Verification based upon information provided to counsel by Frank J. Falco. eon P. Haller, Esquire Dated: December 1, 2008 r CERTIFICATE OF SERVICE I, Leon P. Haller, Attorney for Defendant, Frank J. Falco., hereby certify that a true and correct copy of the foregoing Defendant's Answer to Complaint was forwarded to the following individuals by regular U.S. Mail, first class service, postage prepaid, on December 1, 2008, addressed as follows: James C. Warmbrodt, Esquire Weltman, Weinberg & Reis Co., L.P.A. Suite 1400 436 Seventh Avenue Pittsburgh, PA 15219 Leon P. Haller Dated: December 1, 2008 :,.? .._ .., r- - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. FRANK J FALCO Defendant No. 08-5762 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITH PREJUDICE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C. WARMBRODT PA I.D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6782249 TIC IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. Civil Action No. 08-5762 CIVIL TERM FRANK JFALCO 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 LD #425 WEL , 1400 Kop rs 436 Seve th Pittsbur P /r • URMBRODT INBERG & REIS CO., L.P.A. uilding enue 15219 (412)414-,7955 Sworn to and subscribed Before me the 6 rlya of JANUARY, 9 ARY PUBL r C4iUi tiaNVkF,; f;? p I Orr 'ENNSYLVANIA Notadai Seal Heidi J. Kelly, Notary Public City Of Pittsburgh, Allegheny County My Commission Expires Nov. 4,20()g Member, Pennsylvania Assoclatlon of Notaries TIC n n,a fT^ 1. - C ' - . :. . 'r te; w.?