Loading...
HomeMy WebLinkAbout10-2038s SLED-Mr CE O? "E G?+n 1`,N r ?1OTARY P , 20110 t IR -3 AN 10. 106 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. CAITLIN A FLUEVOG NO: It - x038 e--, V 1k ter pi COMPLAINT IN CIVIL ACTION 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 07957888 C N Pit EMR Gs 49&.00 PQ ATM as?3r? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No CAITLIN A FLUEVOG 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: CAITLIN A FLUEVOG 1924B FRY LOOP AVE CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX8494 . 4. Defendant made use of said credit card and has a current balance due of $3883.63 , as of March 03, 2010 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 23.100% per annum on the unpaid balance from March 03, 2010 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit "1" 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 , CAITLIN A FLUEVOG , individually , in the amount of $3883.63 with continuing interest thereon at the rate of 23.10006 per annum from March 03, 2010 plus costs. names c. WELTMAN, 436 SeVE Pittsbu (412) 4 FAX: 4 2 079578 a This law firm is a debt collector attempt our client and any information obtained w .r ro t,42524 ;INBERG & REIS CO., L.P.A. Avenue, Suite 1400 PA 15219 955 8-7130 N Pit EMR to collect this debt for be used for that purpose. FINANCE Previous Bi aure Payments III Credib CHARGE Trarmactions New Balance Minimum Payment Due pate $2,841.49 -C00-D + $50.72 + $78.00 = $2,940.21 $507.00 Mar. 30, 2009 Feb. O6, 2009 - Mar. 05, 2009 Page 1 of 1 Visa PYdnum Accotnt -'w Your Account Information TOTAL CREDIT LINE $2,50000 TOTAL AVAILABLE CREDIT $0,00 CREDIT LINE FOR CASH $2,000,00 AVAILABLE CREDIT FOR CASH $0.00 Finanee Charges (Please see reverse for Important Information) Batancerate Perhodic Corresponding FRANCE alpiodm rate APR CHARGE Purchases $2,85647 0.05342%D 2315% $5072 Cash $000 0.00342%D 2315% $000 ANNUAL PERCENTAGE RATE appkd this Period: 23.15% Q At Your Service •Gobwnw.ombbsea .nto mareVayor amurt, or Wit lZNW"637 b repot a bid or AA. cad or speak b asiorm Redone ® Pay Ordne9Awncmrabrraamormail wPWrroitb: Ceptal Ore Bailk (USA). NA • P 0 Bore 71083 - orabtb, NC 282721083 Sad hrquhbs to: (vital Ore, P 0 Boot 30285 • Sat Late City, UT 6413D OM ® Have a gmWn about a charge on your s0atemple Please refer to the Billing Rights Summary an the back of your statement or vast PLEASE PAY AT LEAST THIS A"Nr YoVre :>1h nd by four payments. But you can silt bring you account current by paying the minimum Payment amount on your statement. Need Fe*7 Cwe us a call at 1800955 = Well work together to find a solution b, Credib & Adustmimts 1 20 FEB PAYMENT $30,01 Transactions 2 02 MR PAST Dl1E FEE $3900 3 05 MAR OVERLIMIT FEE MAR 05, 2109 $3900 Under terms prevlously cisdond to you, same or all of your Annual Percentage Rates (APRs) have been increased since your account was past the twice in the pest 12 billing cycles If your rates have already, roreesecl, srbaequant dArv:Wncm wbnJad the Wrabn d the increased rates Remember If we receNe yorx mrsmum monthly payment on One for 12 catsecubie bang cycles, this account win be reviewed for a possble return to your Nor?Inlrodctory APR. You account has gore over ids crack Imlt. To avoid add" over" fees, you should pay more than the Minimum Payment. Please pay enough to bring your account balance below your credit hmR immediately. and make sue you account balance remains below you credit ki t. Please be sure the amount you pay accents for any future purses, fees, and finance charges You were assessed a past die fee because your mrwnum paymrent was not received by the due date To avoid this fee in the future, we recommend that you allow at least 7 busness days for your minimum payment to react Capdal One EXHIbil PLEASE RETURN PORTION BELOW WrrH PAYMENT OR LAG ON TO W WV.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE 7957888 1 4862367139698494 05 2940210030000507006 ?? ,C? ? Fria: Account Number.?849q Due Date New Balance Minimum Payment Amount Enclosed Mar. 30, 2009 $2,940.21 ` $507.00 C= PLEASE PAY AT LEAST THISAMOUNT #9006539859470900# CAITLIN A FLUEVOG APT 4 710 STANUIX CIR CARLISLE, PA 17013-2153 11 --1' 1111111111 111.11.11. 1111111.11 loll IIIII III Lend a hand. Save the land. Manage your account online today- it's fast, easy and secure. Pay orlme anytime-no more checks, stamps or clutter © Moving) Change your address online or nn the back e Help save the planet Go paperless © Sign up at www capitalone corn Capital ene Bank (USA), N.A. P.O. Box 71083 Charlotte, NC 26272-1063 ulllPrillrru4lrlfrblPlirrihl4lltrlllrllrrllldldrllti Please make checks payable to Capital One Bank (USA), NA and mail wkh this wupon in the endosed envelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. CAITLIN A FLUEVOG 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 b Dated: (D Davina Johnson A049 WELTMAN, WEINBERG & REIS CO., L.P.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. CAITLIN A. FLUEVOG Defendant No. 10-2038 CNIL TERM STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT ~,~ ,,,, _, ~~ _ , :': FILED ON BEHALF OF s-- Plaintiff COUNSEL OF RECORD OF ~ ' ~~-; THIS PARTY: _ - - v ~, Matthew D. Urban, Esquire PA LD. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#7957888 $3,059.44 ~ I'~.00 Pp ATh/ crTM ~155a~a.1 ~,* a~ I ~3b ~o~~. ~ Li IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CNIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 10-2038 CIVIL TERM CAITLIN A. FLUEVOG Defendant PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, CAITLIN A. FLUEVOG, in the amount of $3,059.44 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, EINBERG & REIS CO., L.P.A., By: Attorney for Plaintiff WWR#7957888 CAITLIN A. FLUEVOG, '~ ~ ~ ~ ~ By: Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DNISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 10-2038 CIVIL TERM CAITLIN A. FLUEVOG Defendant S1 iI'UII.ATIfiZi OF THE PAR'T'IES FOUR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, CAITLIN A. FLUEVOG, above-named, in the amount of $3,059.44 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: Defendant admits indebtedness to Plaintiff in the amount of $3,059.44 with continuing interest thereon at a rate of 6.00% per annum plus costs from Date of Judgment. 2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, CAITLIN A. FLUEVOG, in the amount of $3,059.44 plus continuing interest thereon at the rate of 6.00% per annum from Date of .Tudgment and costs. 3. Plaintiff agrees not to execute on its Judgment so long as Defendant causes to be delivered to Plaintiff the following payments in full by 12:00 NOON on the following dates: (a) $75.00 due by APRIL 26, 2010; (b) $75.00 due by MAY 26, 2010; (c) $75.00 due by JUNE 26, 2010; (d) $75.00 due by JULY 26, 2010 (e) $75.00 due by AUGUST 26, 2010 (f) $125.00 due by SEPTEMBER 26, 2010 (g) $125.00 due on the 26TH day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. 4. All payments are to be made payable to the order of "CAPITAL ONE BANK (USA), NA" 5. The first payment due under this agreement is to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 436 Seventh Avenue, Suite 1400, Pittsburgh, PA 15219. All future payments are to be mailed to the offices of Weltman, Weinberg & Reis, Co., P.O. Box 5430, Cleveland, OH 44101-0430. 6. In the event of default, each payment received shall be first attributed to costs, interest and then to principal. 7. Time is of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff or Plaintiff's counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. 8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is final and complete. ,r., "~~i 9. Intending to be legally bound, the parties set their hands and seals this ` "day of lZ~ t'~.1 20 f {a ,~~ WELT , W INBERG & REIS CO., L.P.A. By: Matthew D. Urban, Esquire PA LD. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 7957888 FLUEVOG ~: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL DNISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 10-2038 CNIL TERM CAITLIN A. FLUEVOG Defendant NOTICE OF JUDGMENT OR ORDER TO: ~ )Plaintiff (xx) Defendant ( )Garnishee You are hereby notified that the following Order or Judgment was entered against you on 5' 3 t o (xx) Assumpsit Judgment in the amount of $3,059.44 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 ( ) I~Ton-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent Prothonotary CAITLIN A. FLUEVOG 1924B FRY LOOP AVE CARLISLE, PA 17013 By: PROTHONO Y (O DEPUTY) WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Sarah E. Ehasz, Esquire I.D. No.86469 Attorney for Plaintiff(s) 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 7957888 CAPITAL ONE BANK (USA),NA Plaintiff vs. CUMBERLAND County Court of Common Pleas NO. 10-2038 CIVIL TERM CAITLIN A FLUEVOG Defendant(s) PRAE 'IPE FOR SATISFACTION OF JUDGMENT TO THE PROTHONOTARY: c-? c -v ? zm t- c ? cn? C? z? A ?- Please kindly Satisfy the Judgment of the above-captioned matter upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG By Sarah E. Ehasz, ?. Attorney for Plaintiff ., L ,P.A. L C r-- N C.1 3 N ? 9.s9pdA?? C# /060,363,6 Pr 7-0-27$23 2 rn- 3 -?C;, C7.r w ?: CAITLIN A FLUEVOG 213 W RIDGE ST CARLISLE, PA 17013