HomeMy WebLinkAbout09-0980IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
VS.
NICHOLAS M CRIST
Defendant
No : 09 - 9$0 0 ivi l
m
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
06966182 C N Pit REA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff ?j "?
VS . Civil Action No 6 _ % " fN•
NICHOLAS M GRIST
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),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:
NICHOLAS M CRIST
136 S ENOLA DR REAR 2
ENOLA, PA 17025
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX3418 .
4. Defendant made use of said credit card and has a current balance
due of $1677.77 , as of October 17, 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
25.900% per annum on the unpaid balance from October 17, 2008 . A copy
of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 11111 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 , NICHOLAS M CRIST , INDIVIDUALLY , in the amount of
$1677.77 with continuing interest thereon at the rate of 25.900% per
annum from October 17, 2008 plus costs.
James C. ;qArmbro dt,42524
WELTMAN, NBERG & REIS CO., L.P.A.
436 Seve t Avenue, Suite 1400
Pittsbu gh PA 15219
(412) 4 4- 955
FAX: 4 - 38-7130
069661 2 C N Pit REA
This law firm is a debt collector attempi/;Zig to collect this debt for
our client and any information obtained kill be used for that purpose.
500013
- Capinalpw NOT PAYING YOUR DEBT
I what's in your wallet? DOESN'T MAKE IT GO AWAY.
in fad, 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 free 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 by the due date to eliminate the risk of being charged off.
02007 Capital One Services, Inc. Capital One is a federally registered service mirk. All rights reserved.
Previous Balance Payments 8 Credits FINANCE CHARGE Transactions New Balance Minimum Payment Due Date
$1,308.57 - $0.00 + $29.66 + $39.00 $1,377.23 $577.23 Feb. 26, 2008
Jan. 03, 2008 - Feb. 01, 2008 Page 1 of 1
Visa Platinum Account
48823823.42184418
Your Account Information
TOTAL CREDIT LINE $800.00
TOTAL AVAILABLE CREDIT $0.00
CREDIT LINE FOR CASH $800.00
AVAILABLE CREDIT FOR CASH $0.00
Finance Charges (Please see reverse for important information)
Balance rate Periodic Corresponding FINANCE
applied to rate APR CHARGE
Purchases $1,329.28 0.07438% D 27.15% $29.66
Cash $0.00 0.07438% D 27.15% $0.00
ANNUAL PERCENTAGE RATE applied this period: 27.15%
0 At Your Service 1.800A03.3837
To cal Osslovler Relations or to report a bet or sblen cad
® Send payments to:
Capitol One Bank • P. 0. Box 70884 • au rbtle, NC 28272-0884
A Send Inquiries to:
Capital Ore• P. 0. Box 30285 • Sal Lake City, LIT 84130-0285
.rY
RE SE PAY AT LEAST THIS AMOUNT
Your account is six payments behind. If we charge off your account due to late payments, we VA 11 report
the charged-off status to several rational 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. We'll 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 8 Adiustments
Transactions
1 28 JAN PAST DUE FEE 539.00
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.
® Have a question about a charge on your statement?
Please refer to the Billing Rights Summary on the back of your .
statement or visit wwwcaoitalone.oom/disnutes
e?+E
PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO W W W.CAF ITALONE.COM TO MAKE YOUR PAYMENT ONLINE.
0 4862362342183418 01 1377230023000577235
C-,Wmdcw I what's in your wallet)'
New Balance Minimum Payment Due Date
$1,377.23 $577.23 Feb. 26, 2008
PLEASE PAY AT LEAST
THIS AMOUNT
Amount Enclosed
Capital One Bank
P.O. Box 70664 IrlrrlllrrrrlLlrlrrr
Charlotte, NC 26272-0664
loll lllllllllillillllllllllllrlllllllpllllrrlllllllllllllllll
Account Number: 4862-3623-4218-3418
Please print address or phone number changes below using due or black ink.
Home Phone Alternate Phone
E-mail address
if9003339027932730# MAIL ID NUMBER
NICHOLAS M CRIST
5222 E TRINDLE RD UNIT F
MECHANICSBURG, PA 17050-3563
rulllnrlllnulrlrllnrnllnlrlrlulurllrlnrllulnrllr
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.
NICHOLAS M CRIST
1. How to Avoid a Finance Charge.
t a. 255days Period without Y Mance charge on new punctuates. now
balance transient, new special purchases and new other
dsrges If you pay your total -New Be~, In
aooordanoe with the Impcrtam Notice fa payments below,
and In tltm for h to b credited by your next still~
dosing dab. Tfero is no grace period on ash advances
and special ifantlaos. In addition, there Is nd grace period
on arry transaction If you do not pay the total "Jew,
balance"
b. Accruing Finance Charge. Taneactors which are root
subject to a grace period are assessed firrence charge 1)
from the dale of the transaction or 2) from the ate the
transaction is procassad to your Aocoum or 3) from the
lost calendar day of the cuneat biMg period. Addtionallyy,
It you did not pry the' I"Balance' from the previous
billing period In full. Mane charges continue to accrue to
your unpaid balance umN the unpaid balance Is paid In
full. This mean that you may still own finance charges,
even If you pry the emirs Now Balance Indicated on the
from of your statement by to next stalemed dosing date,
but did not do so for the previous month. Unpaid finance
charges are added to the applicable segment of your
Amount.
to. M
tat
your inimum cuk?bjjectctto IFor nane each chabilling rge, a
account minimum
total FINANCE CHARGE of $0.60 will be unposed. if the
total finance charg::W=100. m the application of your
perlodic retep) Is we will subtract that
amount from the $0.50 minimum and the difference will be
billed to the purchase oagmest of your account
reserve
t d. Temporary Reduction In Finance Charge.Wis
the right to not Weeks any or all finance charges for any
given billing period.
2. Average Daly Balance (Including NOW Purchases).
Finance charge Is calculated by multiplying to daily belence
of each segment of your account (e.g.. cash advance,
purchase, special transfer. and special purchase) by the
oomapondkg dally periodic rate(s) that has been previously
disclosed to you. At the and of each day during the billing
period, we apply the day perladle rate for each segment of
your account to the dally balance of eat segment. Than at
the and of the billing period, we add up the results; of these
day akxaa0ons to arrive at your periodic chance charge for
each segment. We add up the results from each spmem to
arrive at the tale periodic finance charge for your account.
To gat the day balance for each segment of your amount
we take the beginning balance for each segment and add
any row 11a11eadM and try paodlc Mona durgo
akulaled on the pldrevious da Mince taut segrtem.
We than subtract any payments or cmdm posted a of tat
day that are allocated to that segment This gives us the
separate dally balance for each segment of your account.
However. If you paid the New Balance sham on your
previous statement In full (or if your new balance was zero a
a credit amount), now transactions, which pat to your
purchase or spacial purchase fragments are not added to the
dally belances. We akulate the average daily balance by
adding all the dally blaross together and divit ing the sum
qlthe mimber of late your total the finance ?i billing chage, multipl cycle. To
your average dairy balance by the dally periodic rate and
by the number or days in the billing period. Due to
muding an a daily bask, there may be a slight variance
between this calculation and the amount of finance
charge actually asseessd.
3. Annual Percentage Rates (APR}
a. The term "Annual Percentage Rate" may appear as
"APR" on the Mint of this statement.
b. If the code P (Quarterly Prime), L (Quarterly UBO% C
from (Quarterly statement (Bankcard r a d to the periodic (sj he
the
periodic rates and corresponding ANNUAL
PERCENTAGE RATES may vary quarterly and may
Increase a decrease based on the staled Indices, as
found In The Wall Street Joumal, plus the maigk
Previously disclosed to you. These Changes will be
effective on the first day or your billing period covered
by your periodic statement ending In the months of
January. April. July and October.
c. It the code D (Mouthy Prime), F (Monthly LIBOR), or O
(Treasury LIBOR) appees on the front of your
statement next to the periodic totals), the periodic rates
and corresponding ANNUAL PERCENTAGE RATES
may vary monthly and may Increase cede "ese based
on the staled Indies, ae found in The Wall Street
Journal, plus the margin previously disclosed to you.
These changes will be effective on the first day of your
billing period each month.
4. Assessment of Late. OverWM and Returned Payment
Fees. Your account will be assessed no Moto than three of
the foes hated here fist occur during any billing period.
Under t the term of your customer agmemem. we reserve
the right to waive a not to assess any fees without prior
notification to you without waking our right to assess the
same a sllnilarfess at a lalartlme.
t S. Renewing Yaw ACCOUm. if a membership fee appall
on the from of your $War m, you have 30 days from the
dale this star~ was mated to you to mold paying the
fee cab haw turn fee aaaed to you If you cancel your
amount without homing to pay the membership tee. To
cancel your amount, you must frothy us by aging our
Custchtar Relations Department and pry your "New
Balance' in hull (excluding the membership fee) prior to the
end of the thky-day period.
& If You Close Your Account. You an request to chose
your amount by calling our Customer Relaaoe
DepaMrm. You must destroy your credit tend(s) and
account access chocks. anal erg preaut orhzed billing
and cease using your amount. After your request to dose,
t you continue to transact a do not cancel preauthaized
billing arrangements. we will consider receipt of a charge
your aulha inton to keep your account open. Additionally.
your account will not be dosed until you pay all amounts
you owe us rock ding: any ttomactio s you have
autanzed, finance chary W. past due leek, overlimk roes,
returned payment fees, cash advance fees and any other
fees assessed to you account You are responsible for
these amounts whetertsy appear on you account at the
time you request to clue the amount athey are Incurred
subsequent to you request to tae the account. This may
result In charges appearing on your amount after you have
requested the amount to be dosed.
7. Using Your Account. Your and Of account cannot be used in
connection with any Internet gambling transactions.
E. Notice About Ekdronlc Cho& Conversion
When you provide a check as payment, you auharlze us
either to use Information from your check to make a orhealme
electronic turd narrator from your bank amount canto p=ass
the payment as a crack transaction. When we use
imamretion from your choch to mace an bkcaonic fund
tmneW. funds mey be wsdrewn tom your bank account as
soon as the same day we receive your payment and you will
not maNa your check bade from your financial Institution.
BILLING RIGHTS SUMMARY
on Case of Enos or Question about Your Bllp
It you think your bill is wrong, of t you need more Imomtalon on
a transaction or bill, write to us on a separate $beat as soon as
possible at the address for inquiries shown on tho front of this
statement. We must hear from you rid, later then 60 days after
we sent you the frost bill on which the army or problem appeared.
You an all our Customer Relations number, but doing so will
not preserve your rights. In your letter, give us the following
infometon: your name and account number, the dollar amount
of the suspected anct, a description of to error and an
explanation, If possible, of why you believe there b W er=r a if
you robed mac imamallon, a description of the hem you are
unsure about. You do not have to pay any amount in question
while we are Investigating f, but you are still obligaled to pay the
pen of your bill that are not In question. While we Investigate
your question, we cannot report you W delinquent or take any
m with the quality of property or services
.hh a credit and and you have trod In good
roblem an the merchant You may have the
was mere than $50.00 and th purchase was nut in your
home state or wain 100 miles of your malling address. IN we
own or opeMS the madam, or If we mailed you the
advertisement tot the popery or services, all purchases are
covered regardless of amourn or Wootton of purchase.) Plesse
remember to sign erg tatoepadence.
t Dogs not apply to consumer noncreda card amounts
I Dour not apply to dulness non<cmdt card 8000UMS
Capital one suppers intofmation privacy protection: sae our
websae M VMN&OMWOLOM
Capital One is a federally registered service mark of capital one
Financial Corporation. All rights reserved. 02006 Capital One
TCOS
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CAPITAL ONE BANK (USA), N.A.,
Plaintiff,
V.
NICHOLAS M CRIST
Defendant(s).
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating
to unworn 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: &1&eo Ottis Coward
A049
WELTMAN, WEINBERG & REIS CO., L.P.A.
R
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W
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0
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2009-00980 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CAPITAL ONE BANK USA N A
VS
CRIST NICHOLAS M
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
CHRIST NICHOLAS M but was
unable to locate Him in his bailiwick.
COMPLAINT & NOTICE ,
He therefore returns the
the within named DEFENDANT
136 S ENOLA DR, REAR 2
ENOLA, PA 17025
NOT FOUND , as to
CHRIST NICHOLAS M
PER CURRENT RESIDENT, NO LONGER LIVES THERE. PER POST OFFICE,
MOVED & LEFT NO FORWARDING ADDRESS.
Sheriff's Costs: So answ s•
Docketing 18.00
Service 13.50 ,
Not Found 5.00 R. Thomas Kline
Surcharge 10.00 Sheriff of Cumberland County
.00
46.50 WELTMAN WEINBERG & REIS
02/23/2009
Sworn and Subscribed to before
me this day of ,
A.D.
>.
C "D
- _'
L _
of etiftert?
R. THOMAS KLINE
Sheriff
EDWARD L SCHORPP
Solicitor
OFFICE OF THE SHERIFF
One Courthouse Square
Carlisle, Pennsylvania 17013
RONNY R. ANDERSON
Chief Deputy
JODY S. SMITH
Real Estate Sergeant
To: Postmaster Agency Contro No. a4fv
.? Ia Date: 9
Address Information Request
Please furnish this agency with the new address, if available, for the following individual or verify whether
the address given below is one at which mad for this individual is currently being delivered. If the
following address is a post office box, please furnish the street address as recorded on the box holder's
application form
Name: -A// G ? o lti S /f'I Ch ra
Last Known Address: E4o14 2)4• 1&1-
(:rr?lc lea 11 70 ZS
I certify the address information for this individual is required for the performance of this agency's official
duties.
(Signature of Agency Official)
Wf/.t?1'Y
(Ti e)
For Post Office Use Only
() Mail is delivered to address given.
() Not Known at Address Given
New Address
Moved, Left No Forwarding Address
() No Such Address
() Other (Specify)
Agency Return Address
Box holders' Street Address
Postmark/Date Stamp
Please fax results to the Cumberland County Sheriffs Office. Number (717) 240-6397
Address Information Request (Required format)
Exhibit 352.44b
f