Loading...
HomeMy WebLinkAbout09-5800 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: - 5800 aiv;t (errs. vs. COMPLAINT IN CIVIL ACTION ROBERT A BALDWIN 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 06793629 C N Pit SJS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No ROBERT A BALDWIN 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: ROBERT A BALDWIN 2220 GLEIM CT ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX3773 . 4. Defendant made use of said credit card and has a current balance due of $4934.25 , as of July 29, 2009 . 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 27.6000 per annum on the unpaid balance from July 29, 2009 . 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 , ROBERT A BALDWIN , individually , in the amount of $4934.25 with continuing interest thereon at the rate of 27.600% per annum from July 29, 2009 plus costs. 4U, Jame . War ro t,42524 WEL , WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 06793629 C N Pit SJS 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. CapitalOne' NOT PAYING YOUR DEBT 500013 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 within 30 days to keep your account from being charged off. © 2006 Capital One ,Services, Inc. Capital One is a federally r gistered service mark. All rights reserved. 500013-08503 FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date $3,146.13 - $0.00 ?+ $72.46 + $39.00 = $3,257.59 $607.59 Nov. 19, 2007 Sep. 26, 2007 - Oct. 25, 2007 Page 1 of 1 PUASE PAY AT LEAST THIS AMOUNT Visa Platinum Account Your account is six payments behind. If we charge off your account due to late payments, we will report the 4862-3626-T738-3773 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 $2,650.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $2,650.00 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 $589.36 0.07575% D 27.65% $13.39 Cash $0.00 0.07575% D 27.65% $0.00 SpecialTrans $2,599.38 0.07575% D 27.65% $59.07 ANNUAL PERCENTAGE RATE applied this period: 27.65% ------------- At Your Service 1.600.903.3637 To call Customer Relations m to report a lost a stolen card: ® send payments to: Capital One Bank - P.O. Box 70884 Charlotte, NC 28272-0084 A Send inquiries to: Capital One - P.O. Box 30285 Salt Lake City, UT 84130-0285 ® Have a question about a charge on your statement? Please refer to the Billing Rights Summary on the back of your statement or visit Wn canitalone co isputes. -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 & Adjustments Transactions 1 20 OCT PAST DUE FEE $39.00 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. EXHIBIT 6056 506 1 07 25 071025 PAGE 1 of 1 OlDM6056 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPrrALONE.COM TO MAKE YOUR PAYMENT ONLINE CAPMEi i what's in your wallet?' New Balance Minimum Payment Due Date $3,257.59 $607.59 D Nov. 19, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed C= Capital One Bank P.O. Box 70684 Irlrrlllllrrrlrllrllrl Charlotte, NC 28272-0864 LrldLrLrrldllrrlrrLlllrrrlrlhLdrlllrllrrftrLJhlrll 4862362677383773 25 3257590150000607599 Account Number: 4862-3626-7738-3773 Please print address or phone number changes below using blue or black ink. Home Phone Alternate Phone E-mail address @ #9029980441344059# MAIL ID NUMBER ROBERT A BALDWIN 2220 GLEIn CT ENOLA, PA 17025-1494 rllllhrrlllrrtrrlrlrhlrtrrlLLrlLLrrLrlrllrlllrrrrLlrl 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. ROBERT A BALDWIN 1. How to Avoid a Finance Charge. t a. Grace Period. You will have a minimum grace period of 25 days without finance charge on new purchases, new, balance transfers, new special purchases and new other charges If you pay your total'Naw Balance', in accordance with the Important Notice for payments beiow, and in time for it to be credited by your payment due date. There is no grace period on cash advances and special transfers. In addition, dare is no grace period on any transaction If you do not pay the loud -New balance.' b. Aecruing Finance Charlie. Transactions which are not subject to a grace period ate assessed finance charge 1) from the rate of the transaction or 2) from the date the harsectrun is processed to your Account or 3) iram the first calendar day Of the ounent billing period. Additionally, It you did not pay the "New Balance" from to provbus billing period in full, fissnca charges continue m acorn o your unpaid balance until the unpaid balance is prod in full. This means that YOU may SUN owe finance charges, even a you pay the entire New Balance indicated on the front of yea statement by the payment due date, but did not do so for the pevious month. Unpaid finance charges are added to the applicable segment of yourA=unL t c. AKnimum Finance Charps. For each higng period that your account is subject to a Mance, charge, a minimum tObl FINANCE CHARGE of So.60 IN be imposed. t d. Temporary Reduction In France Charge. Y/e reserve the right to not assess any or ON finance charges for any given blNng period. 2. Awmge Davy Balance Mclu ling New Purchases). Finance charge is calculated by multiplying the daily balance of each segment of your account (e.g., cash advance, Purchase, special [raster, and special purchase) by the corresponding dairy periodic rate(s) that has bean previously disclosed to you. At the and of each day during the billing period, we apply Me dally periodic ram for each segment of your account to the dally balance of each segment. Then at the and of in. billing period, ve add up the results of these daily calculations to arrive at your periodic finance change for each segment. We add up the results from each mgmem to arrive at the total periodic finance charge for your account To get the daily balance for each segment of your amount we take the beginning balance fur each segment and Odd any new transactions anti any periodic finance charge calmlood ph to peyidus days balance for dud segry"d We man subtract any Payments or credits posted as of tea day that are allocated to that segment. The gives us the separate daily balance fur each segment of your amount. However, If you paid the New Balance shown on your previous statement in full (p If your chew oalance was Zero p a credit amount), new Inmeactione, whch post to your Purchase or specal purchase segments are not added to the daily balances. Yve calculate the average dairy balance by adding all the daily balances together and dividing the sum by the number of the days in the anent billing cycle. To calculate your total finance charge, multiply your average dairy balance by the daily perm fic rate and by the number of days in the biting period. Due to mndirg on a dally besis or due to minimum finance charge assessment them may be a variance between this ceI ulM- and the amount of finance charge actually assessed. 3. Annual Percentage Rases (APR). a. The lemi'Annual Percentage Rafe- may appear as "APR' on the from of this statement. b. If the code P (Quarterty Primal L (O-narly LIBOR), C (Quarterly CD), o S (Bankcard Prime) appears on the front of this statement next to the periodic rote(s), the periodic rates and corresponding ANNUAL PERCENTAGE RATES may very quarterly and may inoreses o decrease based on the statetl indices, as found in The Well Street Journal, plus the margin Previously disclosed to you. These thieves will be effect v, on tie first day of your cling period covered by your Patod a statement ending in the months of January, April, July and October. c If the code D (Monthly Prime), F (Monthly LIBOR), or G (Treasury LIBOR) appears on the front of your statement next to the Periodic ram(s), the Periodic raise and corresponding ANNUAL PERCENTAGE RATES may vary monthly and may increase or dersesse based on the staled indices, as found in The Wan Street Journal, pus the margin Previously disclosed to you. These changes will be effective on the first day of your billing period each month. 4. Assasaman of Lat., Overlimit and Returned Payment Fees. Under the temps of your cumon ar agreement, we MOM the right to waive or not to assess any fees without prior notification to you whhoutwaiveg ourright to assess the same or similarfeas at a lalertime. t 5. Renaming Yong Account If e membership fee appears on the front of your statement you haw 30 days from the date the statement was mailed to you m avoid paying the fee err to have such fee credited to you if you cancel your account without having to pay the membership fee. To cancel your so=^ you must notify us by calling our Customer Rotations Department and pay your 'New Balance- In ful (excludng the membership fee) prior to the and or the thirty-day penad. 6. H You Clop Your Account. You can request to dose your account by calling = Customer Relations Dep amen. You must destroy your credit card(s) and amount across checks, cancel all Presuticrized billing and oesse using your amount After your request to close, t you continue to transact or do not cancel presuthoriaed living arrangements, wa wil consider receipt of a charge your authorization to keep your account open. Additionally your account will not be dosed until you pay all amounts you owe us including. any transactions you have authorized, finance charges, past due fee, Overimh fees, returned payment fees, cash advance fees and any otherfaes assessed to your account. You are resporeibk for these amounts wheMan they appear on your amount at the time you request to dose the amount p they am Incurred subsequent to your request to dose the account. This may result in charges appearing on your amount after you hew requested the amoum to be dosed. 7. Using Your Account Your card or accourd cannot be used in connection with any Internet gambling trmssctipms 8. Notice About Electronic Cheek Conversion. Whan you provide a check as payment you authorize us either to use information from your check to crake a pre-time electronic fund transfer from your bank account or to process the payment as A check transaction. When we use information from your check to make an electronic fund transfer, funds may be wthdrawn from your bank account as soon as the same day we receive your payment , and you will not receive your check back from your financial khsindon. BILLING RIGHTS SUMMARY (In Case of Enors or Questions about Your B41) If you think your bill is wrong, or If you need morn Information on a transaction or bill, write to us on a separate sheet as soon as possible at me address for inquines shown on the front of this statement. We must hear from you no Later than 60 days after we sent you the first bill on which are error or problem appeared. You can call our Customer Relations number, but doing so will not prey-ve your rights. In your letter, give us the following information: your name and account number, the dollar amount of the suspected error, a description of the anor and an explanation, If possible, of why you believe them is an emo; or If you need mom information, a description of the item you are unsure about. You do not have to pay any amount m question while we am investigating If but you we still obligated to pay the parts at your bill that are not in question. While we investigate your question, we cannot report you as delinquent or take any action to collect the amount you question. I. t Special Rule for Credit Card Purtoeea If you haw a problem with the quality of property or services that you purchased with a credit card and you hew tried in good fakh to correct the problem with the rterchant. you may have the ngN not to pay to remaining amount due on the Property or services. You have this protection only when the purchase price was more than $50.00 and the purchase was made in your home stet. or within 100 miles of your mailing address. (If we own or operate the merchant, or 8 we mailed you the advertisement for the Property o services, all purchases we covered regardless of amount or location of purchase.) Please remember to sign all conerspordenee. t Does not apply to consumer non-credt card accounts t Does no apply to business -o mdt card accounts Capital One supports information privacy protection; sea our websme at www.ceooakhne mm. Capital One is a federally registered service mark of Capital One Financial Corporation. AN rights reserved. C 2006 Capital One 01 DM6056 - 1 - 04/10/07 ImPOrbht Wake! Paymas you mai wins YOU be aedbd b your accent a of the business day ee recent, t, posted (1) you sad the botom WNW of the staamnt and your diode in the andmed em fence envelope and (2) your peyras is received in ow pmcesang cams, by 3 pm. ET (12 noon Fri. Plane alow at end five (5) bushes days fa pad delivery. Payments received by a at arty other IoaNon or in any the faro may rot be paced s of rte day we mce w them. Our be- days ere Monday trougb Salwday, exdw.g hOll Please do rot use stapes, papa dips, etc. when preparing your peymen. CAPITAL ONE BANK (USA), N.A., Plaintiff, V. ROBERT A BALDWIN 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 n -( --0 "?F Dated: . / Ottis Coward A049 WELTMAN, WEINBERG & REIS CO., L.P.A. Q M.t"" HI + ICS OF THE 2069 AUG 21 Ei 3: 40 C?'rJ? VL i??wi1, $'I8, 5o Po MTY ?x?` aaq?ao Sheriffs Office of Cumberland County R T omas me i -._. .,., r- Sheriff ~, ,~.,tcr of ~iun6trf fit= ~t'tt , ",, ,,~ Ronny R Anderson ~4 tn~ Chief Deputy ~, ~ ~~~~ CI"~? _~ €:~ r,. t ~' ~ ~'r Jody S Smith Civil Process Sergeant C1P~iCE ~~F TkE ~eERl~F ~,tll~ ~ -• ~ 71"Y' Edward L Schorpp Solicitor Capital One Bank (U.S.A.) N.A, Case Number vs. Robert A. Baldwin 2009-5800 SHERIFF'S RETURN OF SERVICE 09/01/2009 06:35 PM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on September 1, 2009 at 1835 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Robert A, Baldwin, by making known unto Robert Baldwin, adult in charge at 2200 Gleim Court Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 September 02, 2009 SO ANSWERS, ,~~~ •. R THOMAS KLINE, SHERIFF ~' Duty Shsriff