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HomeMy WebLinkAbout10-3032 2J' 10 ,'AY -7 1' j- 3: ? I G??,: f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. DAVID A DITMER Defendant No : `Q 303 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 08003290 C N Pit KMJ 6 ""d, 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (t8A), NA Plaintiff vs. Civil Action No DAVID A DITMER 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: DAVID A DITMER 218 S ENOLA DR ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX1521 . 4. Defendant made use of said credit card and has a current balance due of $13335.92 , as of April 13, 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 4.900% per annum on the unpaid balance from April 13, 2010 . 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 willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for judgment in its favor and against Defendant , DAVID A DITMER , individually , in the amount of $13335.92 with continuing interest thereon at the rate of 4.900% per annum from April 13, 2010 plus costs. WELTMAN, 436 Sev Pittsb (412) 3 FAX: 2 08003 90 This law firm is a debt collector att our client and any information obtain it ro t,42524 IINBERG & RE IS CO., L.P.A. i Avenue, Suite 1400 PA 15219 955 8-7130 N Pit KMJ to collect this debt for be used for that purpose. Previaaa Balance P RNANCE ayments & Credits CHARGE TransalMorle New Balance MirimtBn Pa ? yrnent Due Date $10,689.49 $0.00 + $113.11 + $1,039.00 = $11,841.60 $481.00 (Dec. 30, 2008 Nov. 06, 2008 - Dec. 05, 2008 Page 1 of 1 MadviCard nun Attain 521 Your Account Idormalbe ? REWARDS TOTAL CREDIT LINE TOTAL AVAILABLE CREDIT CREDIT LINE FOR CASH AVAILABLE CREDIT FOR CASH $201300 00 $8,458.40 $10,150.00 $8,45840 Fnattee Charges (Please see reverse for mportant Information) Balance rata Perpdc Crg FMAIICE applied to hale APR CHARGE Purdvsm $11,49334 0.00250% 1190% $11240 Cash $0.00 0.032000% 1190% 9000 SpecaelTram $123.33 0.01915% 699% $071 ANNUAL PERCENTA(M RATE applied the period: 11.W4 ATh rj- At Your Servke•wt) mwmwzWM to rq,y?% + or Cat 1 7070 b raW abut or steer cad or epeek b Clebmr Rebtons ® Payodma wrnw rpwmtto: Caplal One Be* (USA% NA • P 0 EbK 71083.Onablb, Nc 28272-1083 Send' .." to: :?eptal Ore, P 0 Bone 3DM • Set Lake 01y, Ur 841ZDM ® Illemp your Rera nds one a try vseng at Ott 14100?283pp1 ® Hese a question abort a chugs on yaw Wbmal7 Pbaee referto Ure Brln9 Rghts Swrnwy on the beck otym r stalarrlenl or vet Youre W Ind lay one payment Remwnber ft PWN the mrenurn payment by Ux due date keeps your a=unt crrent So make sure you send in the rnrenum payment to keep your ac=" current -Important NOW- Your account was past due Unr the terms we pavbusly dsdoved to you, f your accent is past due agwn in the next 12 bury gycies, your Annual Parcenlage Rates (APRs) may ncreme Rewards Su Pr WW WON* balance 10,027 Earned the penod tre 0 b* ems'borlepureedd-91.bdvuycb) Available Balance 10,027 POYRINts, Credb & Tranustions 1 10 Nov PURCHASE CHECK 1275314701350 SI.OW.OD 2 01 DEC PAST DUE FEE 939 oo You come assessed a pest die fee because your mranrm payment was not reamed by the due dale To awed this fee in the M", we M=nnlerd that you albw at least 7 txsraess days for your minmum payment to reach Capital One EXHIBR PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WVWV.CAPrFALONE.COM TO MAKE YOUR PAYMENT ONLINE PLEASE PAY At LEAST THIS A"DLW 11521 05 0000000250000481005 8003290 r CIO. CF11 Account Number. 1521 Due Date New Balance Mirrmum Payment Amount Enclosed DeC. 30, 20080 C$11,841.60 $481.00 JJ PLEASE PAY AT LEAST l TNI5AMOUNT #9034138826973421# DAVID A DITRER 218 S ENOLA DR ENOLA, PA 17025-2807 rrlrthllli•till.1,Illhlt 11.11 0N11111 1116d641r4111 Lend a hand. Save the land. Manage your account online today- it's fast, easy and secure. O Fay onkne anytime-no more checks, stamps or clutter © Moving? Change your address online or on the hack ® Help save the planet Go paperless O Sign up at www capitalone corn Capital One Bank CUSA), N.A. P.0• BOK 71083 Charlotte, NC 28272-1083 Illllllrlnttllhithrlllllutrllllh1elitltllltllttlllllllltllll Pkyse rake dmc k5 Payable W Capital One Bank (USA), NA and mail with this coupon in the enclosed envelope. l4jR .L" PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. DAVID A DITMER 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: -512 G?- Miriam Lader A049 WELTMAN, WEINBERG & REIS CO., L.P.A. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 4i`~tc?, of t'~i+r~t~~,r~~~~ ~~ ~,~', ~~ '~~ ~r~ Mar ~ a a~ s~ a~ . ~U~~+'i~ CttiY P ~1,~ Jody S Smith Chief Deputy Edward L Schorpp Solicitor Capital One Bank (U.S.A.) N.A. vs. David A. Ditmer Case Number 2010-3032 SHERIFF'S RETURN OF SERVICE 05/10/2010 08:45 PM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 10, 2010 at 2041 hours, she served a true copy of the within Complaint and Notice, upon the within namec defendant, to wit: David A. Ditmer, by making known unto himself personally, at 218 S. Enola Drive, 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. L _.....__ _ ... ~~~ MICHELLE GUTSHALL, TY SHERIFF COST: $41.50 May 11, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuita She~!fT_ Teleosoff Irv: ' i, . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. DAVID A. DITMER Defendant No. 10-3032 CIVIL STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#8003290 $11,730.45 n ~~ :<;~. ~~i ! ~_` r °': t- '=: i-. -,. ~__ .ci 1 ~. on P~ ~f~s 3~3~ ~ ~, N C:~ +~ t C.,. 1 I G'~ _~ C.•.) J +a ~1 .~ (' i'! ~~ r _. i .~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CNIL DNISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 10-3032 CNIL DAVID A. DITMER Defendant PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, DAVID A. DITMER, in the amount of $11,730.45 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, ERG & REIS CO., L.P.A., By: Attorney for Plaintiff DAVID A. DITMER, B ~,~s Y~ Defendant WWR#8003290 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 10-3032 CIVIL DAVID A. DITMER Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY; Kindly enter Judgment in favor of Plaintiff and against the Defendant, DAVID A. DITMER, above-named, in the amount of $11,730.45pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: 1. Defendant admits indebtedness to Plaintiff in the amount of $11,730.45 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, DAVID A. DITMER, in the amount of $11,730.45 plus continuing interest thereon at the rate of 6.00% per annum from Date of Judgment 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) $320.00 due by June 25, 2010; (b) $320.00 due on the 25"' 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" 1 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. s'~ 9. Intending to be legally bound, the parties set their hands and seals this day of WELTMAN, WEJN~'E`IZG & REIS CO., L.P.A. By: i~~~~ G Defendant, DAVID A. DITMER Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 8003290 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DNISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 10-3032 CIVIL DAVID A. DITMER 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 (xx) Assumpsit Judgment in the amount of $11,730.45 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 Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent Prothonotary DAVID A. DITMER 218 S ENOLA DR ENOLA, PA 17025 By: P ONOT (OR DEPUTY)