Loading...
HomeMy WebLinkAbout09-0664 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: - (,puq Civil lurk. VS. COMPLAINT IN CIVIL ACTION KRISTINA R HOAGLAND 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 06908856 C N Pit CFR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No KRISTINA R HOAGLAND 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 b 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),NA 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: KRISTINA R HOAGLAND 922 PINE RD CARLISLE, PA 17015 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX0499 . 4. Defendant made use of said credit card and has a current balance due of $1286.31 , as of December 02, 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 28.1000 per annum on the unpaid balance from December 02, 2008 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 111" and made a part hereof. 7. Although repeatedly requested to do so by Plaintiff, Defendant has r willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for judgment in its favor and against Defendant , KRISTINA R HOAGLAND , INDIVIDUALLY , in the amount of $1286.31 with continuing interest thereon at the rate of 28.1000 per annum from December 02, 2008 plus costs. James C. WELTMAN, 436 Seve Pittsbu (412) FAX: 4 2 06908 6 This law firm is a debt collector attem our client and any information obtained ir ro t, 42524 ;INBERG & REIS CO., L.P.A. i Avenue, Suite 1400 PA 15219 955 8-7130 N Pit CFR to collect this debt for be used for that purpose. CapbalOne- what's in your wallet7' KRISTINA R HOAGLAND NOT PAYING YOUR DEBT 500013 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 off. ® 2006 Capital One Services, Inc. Capital One u a federally registered service mark. All righu reserved 500013-06503 FINANCE Previous Balance Payments & Credits C HARGE Transactions New Balance Minimum Payment Due Date $788.27 - $0.00 C i17.22 + $29.00 = $834.49 $334.49 Apr. 19, 2007 Feb. 20, 2007 - Mar. 19, 2007 Page 1 of 1 PU AM MY AT OAST THS AMOUNT Visa Platinum Account Your account is six payments behind. If we charge off your account due to late payments, we will report the 4862.3826-01187.0499 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 Your Account Information 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. TOTAL CREDIT LINE $500.00 TOTAL AVAILABLE CREDIT $0,00 CREDIT LINE FOR CASH $500,00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please see reverse for important informal on) Balance rate Periodic Conr7nding FINANCE applied to rate APR CHARGE Purchases $797.56 0.07712% D 28.15% $17.22 Cash $0.00 0.07712% D 28.15% av.W ANNUAL PERCENTAGE RATE applied this period: 28.16% Al'ilo At Your Service 1-800.903.3637 To coq Customer Relations or to report a lost or stolen card: ® Send payments to: Capital One Bank • P.O. Box 70884 • Charlotte, NC 28272-0884 A Send Inquiries to: Capital One • P.O. Box 30295. SA Lake City, UT 84130-0285 EX IF - 6056 506 1 7 19 070319 PAGE 1 of 1 01BC6056 PLEASE RETURN PORTION BELOW WITH PAYMENT what's in your wallet?' 0 4862362601870499 19 0834490050000334494 New Balance Minimum Payment Due Date C$834.49 $334.49 Apr. 19, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed C=:= Capital One Bank P.o. Box 70664 loll rlrrrllllrrrlrlrr1 Charlotte, NC 28272-0664 1111 111111 111111111 1111141111111111111111111111111 1111111 -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 Transactions 1 19 MAR PAST DUE FEE $29.00 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 for your minimum payment to reach Capital One. Account Number: 4862-3626-0187-0499 Please print address or phone number changes below using blue or black ink. Address Home Phone Alternate Phone E-mail address p 41900793146021674611 MAIL ID NUMBER KRISTINA R HOAGLAND 35 5TH BALTIMORE AVE MOUNT HOLLY SPRINGS, PA 17065 1111111111111111 111111111 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. 1. Now to Avoid a Finance Change. t a. Grew Period. You will he" a miMmum grace Period of 25 days witout finance charge on now purdugae, nave balance tranalers, new special purchases and new other dharpee ou aY Your total Tiew Baoace', in aemdanceY ftZMP rive Impodant Notice for payments below, and In time for it to be credited by your nerd statement clotting date. There I. M grace period m man advances and ePKWI NWWaM. In addition, there is no grace period on any transaction if you do not pay tie total 'New balance.' b. Accruing Finance Change. Transactions which are not sAed to a grace pedod w assessed finance charge 1) tom the dole 0(the transaction or 2) tram the date the transaction is Processed to your Account r 3) from the fast Calendar day of bite saran biting period. Additionally If you did not pay the -Nm Balance' from the previous bgtrhg period in full, finsnce Charges oaalnue to accrue to your unpaid balance until are unpaid balance is paid in full. This means that you may so ace finance charges, even If you Pay the entire New Balance Indicated on the from of your statement by the neck statement closing date, but did not do an for the Previous month. Unpaid finance doges as, added to the applicable sagrrwd of yourAOUyuw. T c. fgnlmurn Fins ce Charge, For each being period the account Is sub)ed to a bens charge, a mlelmum total your FINANCE CHARGE dSO.50 will be imposed. T d. Temporary Reduction in Finance Charge, We reserve the right to not assess any or fie finance charges for any given piling period. 2. Average Dally Baianw (Including New Purrheses} Finance charge is Calculated by muNplying the bialy balance of each segment of your account (erg., cash advance, pumdeas, special trarWer. and special purchase) by the corresponding dry periodic rate(s) OW has been previously disdosed to you. At the end of each day during the baling period, wo apply the daily periodic role for seat segment of your account to tie daily balance of each seprwd. Than at Me and of the Wang period, we add up the results of Mess dally calculations to arrive at your Periodic finance charge for each sagmrd. wale add up the results from each eegceM to arrive at the total periodic &am charge fr your account To get the daily balance fr each segment of your account. who Wk. the bossing balance for each segment arch add any ruewtransadbm and any perkpo finance charge calculated on Me pravlons daft bocce for dui sagnum. We than subtract any psyores or Cretllta posted es d then day Met am allocated to tie segment This giros us Ma aaPerata dasy balance for each seprhaa of account However, If you paid the Now Balance shown your previous statement in full (r If your new balance was zero or a reds smut l), new transactions, which post to your purchase or special purchase ssgmertS are not added to the dairy balances. We Casale the average dally balance by addkg all the dally balances rogether and dhidirg me sum by the number of the days in the Current billing cycle. To Calculate your Intel finance doge, multiply your average daily balance by the daffyodperiuaodic rata and M Me number of days in the billing peri. D to rordin q on a daily may he or due to a varianne bst~ finance tNS raku charge andd then4 d eve of finance Marge aqua y assessed. 3. Annual PwcmW a pawn (APR). a. The Were nAnnuei Percentage Rats' may appear as 'APR' on the from of this aletanrn. b. If the Code P (Quarterly Prime). L (Quarterly LIBOR), C (Quarterly Co), rS (Ser kcard Prime) appears on the front of thh statement next to ft periodic rate(s), the Periodic rates and comesporrang ANNUAL PERCENTAGE RATES mey way WanMy and may increaser dacrsesa based m the stand indices, as found in The Wall Street Journal, plus the merge prawously d'edoasd to you. These changes; will be eRedNe on the first day of your billing period covered by your periodic mormm andahp In the monMe of January, April, Jul sed October. Q If the rode O (Monthly Prime), F (Monthly LIBOR), or G (Treasury LIBOR) appears on the hard of your statement r" to to Periodic rate(s), the periodic rain and corresponding ANNUAL PERCENTAGE RATES may wry monthly and may human or decrease based on the rated indices, as found in The Wall Street Journal, plus the margin Previously disclosed to you. These changes will be effective on the first day of your bRNg period each month. 4. Asaeswrwt of Lab. Overhink and Repaired Payment Fees, Under the temu of yow ous"omar agreement, we resents the right to wehre or not to suede any fees without prlar nomlration m you wlthoulvaNing our right to aassu to sameorsimerfaes ata iatertime. T 5. Running YpurAemura, If a mernbership fee appears on bi% front of your atalamem, you have 3D days from the data this statement was malted to you to avoid paying the fee r to have Ruch fee credited to you if you cancel your account without having to pay the mrMershbke. To cancel your Canters Rankest you must notify us by Calling our Overboard and pay your Mew Balance' h full (excluding the membership fes) prior to tie and of the thirty-day, period. C N You Clew Your Account You Can request to doss your scoot" by calling our Customer Relations D.parbnenL You must destroy your redi cam(s) and account access checks, ranoel all Precut odeed billing and wow using your account. After your request to dose. if you continue to tramao or do not cenoel PmauMOrized bwng arrangements. we vii Consider receipt offs charge yourauthrizetlon o keep your account open. AdditionNy your account will rot be dosed until you Pay all amounts you owe. us including: any transactions you have authorized, finance doges, past dire fees, madma less, returned payment yes, Cash advance fees and any crew" assessed to your acowm. YCU am responsible for these amounts ~w they appear on your account at the rime you request to close the acownt r they am Incurred wbaequam to you request to does Me acorn. This may result in charges appearing on your account after you have requested the account to be dosed. r. uarng Your AcwoumL Your Card or account Cannot be usa l in connection with any Internet gambling mamadims. B. Notice About EieWonk Check Conversion When you provide • check fie Payment you ..Make us elther to use information from your check to make a one-ems electronic fund transfer from your bark account or to process the payment es e check transaction. When we use I hr"Meash thorn Your duck to make an electronic hmtl ransfer funds may be Withdrawn from your bank account as soon es tot sere day we receive your payment and you w0I not receive your check back horn your financial "Von. BILLING RIGHTS SUMMARY (In Case of Emo s or QveWons about Your BB) If you MIMc your big in wag, or I you coed mrore information on a transaction or bill. w@a 10 us on • Separate shear as soon as Pcesibie I ft bite addms far inquiries shown on the front d this starwnt we must hear from you no later tlun ce days after we, Bent you dw het bit on which the emor or problem appeared. You can Cap our Customs Relations number, but dokg w will not Preserve your rights. In your letter, give us all followsng kdormstlon: yon name and account number, the dole amomt Of are ausP- error, a description of the. and an explanation. If potable, of why you believe there Is an .mar; or If you need mom information, a description of the item you an unsure about You do not have to Pay any amount n quesfion while we are Invasdgathg ft. but you are still Obligated to pay the Pam of yon bill tut are not in question. While we investigate your question. Caw cannot mP-d you - deenqua t r take any action to ooeed the amours you question. I, T Special Rule for Credit Card Purchases If you have a problem Win the quality of property or a,,k. that you Purchased with ¦ radio card and you have tried in good high to Correct the Pmblem with fie ma chant, you my have ihe OW not to Pay tie remaining amount due on the property or wervicee. You haw ate Prreeten only when the purchase prow was rare than $6040 and the purchase was made In your home state or within 100 miles of your msekg address. (If we own or operate the merchant or if wa mailed you the adwrt u m Car, far the propany r services, all Purchase are covered regardless of amott or location Of Purchase.) Plea" remember to sign all Correspondence. T Does not apply to Consumer noncmdil cemacooume t 00- nraopyho &ak en non-edit rand ..We Capital One supports infrmeticn privacy protection: sae our webaaa at www.-__ _ -_ rv.., Capital One Is a federally registered SWAM mark of Capital One Financial Corporation. All rights reserved. O 2006 Capita one TC-0e 01 5C5056-6 - 12121M "Pons" "hike: Psymme You mar 10 us will be Ceding to your snout ar dine buses day" rem" It. provided (1) you rand the M ls pm12 Con Wamentand yon dada h ft &KbW MTMM envelops and R) fourpWw I. mdvtl in Crpracreeg Cow by E( PT). Peer slow atnerl In (5) buesete day fa postei delivery. Pay." merhad by us at any other bons rh may M be raced er dtha day es rsCeM tlant Dlr buuiest day n ebrdey tlxough Senalsy, rCadkp soluys. Pnere do not we staples, Paper Cape, ate. wbeuh Paingrg Car pelt' mg. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. KRISTINA R HOAGLAND 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 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: l2 U Edward Piotrowski A049 WELTMAN, WEINBERG & REIS CO., L.P.A. rv i ? _ K SHERIFF'S RETURN - NOT FOUND CASE NO: 2009-00664 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK USA N A VS HOAGLAND KRISTINA R R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HOAGLAND KRISTINA R but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , HOAGLAND KRISTINA R 922 PINE RD CARLISLE, PA 17015 MOVED, POSSIBLY TO MT. HOLLY SPRINGS. PER POST OFFICE, MAIL IS STILL DELIVERED TO THE CARLISLE ADDRESS. Sheriff's Costs: So answer Docketing 18.00 Service 6.30 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County Not Found 5.00 39.30 WELTMAN WEINBERG & REIS 02/18/2009 Sworn and Subscribed to before me this day of , A. D. -:71 ?7111,