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HomeMy WebLinkAbout14-4991 Supreme Coutkt—,of-Tennsylvania Courf,CdFor Prothonotary Use Only: # -M1leas I Ia Sheet Docket No: U Jt County qqq- 1 The information collected on this form is used solely for court administration purposes. This form doe's not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S Complaint El Writ of Summons El Petition S rl Transfer from Another Jurisdiction E] Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: T CAPITAL ONE BANK(USA), N.A. GREGORY A DAUB Dollar Amount Requested: Ix within arbitration limits Are money damages requested? El Yes 0 No (check one) Eloutside arbitration limits 0 N Is this a Class Action Suit? Yes S No Is this an MDJAppeal? Q Yes nx No A Name of Plaintiff/Appellant's Attorney: Frederic 1.Weinberg Check here if you have no attorney(are a Self-Represented J.Pro Se) Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS 0 Intentional F1 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution Debt Collection: Credit Card 0 Board of Assessment Motor Vehicle Debt Collection:Other Board of Elections Nuisance Dept.of Transportation E] Premises Liability Statutory Appeal: Other SM— Product Liability(does not include Employment Dispute: E mass tort) Slander/Libel/Defamation Discrimination C Other: Employment Dispute:Other Zoning Board T El Other: I E] Other: o MASS TORT El Asbestos N rl Tobacco rl Toxic Tort-DES 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste [I Ejectment El Common Law/Statutory Arbitration B 0 Other: n Eminent Domain/Condemnation 0 Declaratory Judgment E3 Ground Rent Mandamus Mi Landlord/Tenant Dispute Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY FLI Mortgage Foreclosure:Commercial Quo Warranto n Dental Partition Replevin E] Legal Quiet Title Other: 0 Medical Q Other: Other Professional: Updated 1/1/2011 t , 2183549 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. The Law Offices of Frederic I Weinberg ' & Associates, P.C. C--) 'a� x BY: Frederic I . Weinberg, Esquire c- Identification No. : 41360 rn� v= Joel M. Flink, Esquire 0 Identification No. : 41200 ` ") 1001 E. Hector Street, Ste 220 -r Conshohocken, PA 19428 r , 484/351-0500 CAPITAL ONE BANK (USA) , N.A. COURT OF COMMON PLEAS 4851 COX ROAD CUMBERLAND COUNTY Glen Allen VA 23060 ILI VS . DOCKET N0. GREGORY A DAUB 25 SUSSEX RD CAMP HILL PA 17011-6652 NOTICE 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 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 JUDGEMENT 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S . BEDFORD STREET CARLISLE, PA 17013 (717 ) 249-3166 C�� a COMPLAINT IN CIVIL-ACTION 1 . At all times relevant hereto, the defendant (s) was the holder of a credit card, which at the request of the defendant (s) was issued to the defendant (s) by the plaintiff under the terms of which the plaintiff agreed to extend to defendant (s) the use of plaintiff' s credit facilities . 2 . Defendant (s) accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the plaintiff for the use of said credit card. 3 . The defendant (s) received and accepted goods and merchand- ise and/or accepted services or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of. the affidavit of account is attached hereto as Exhibit "A" and incorporated herein by reference . 4 . All the credits to which the defendant (s) is entitled have been applied and there remains a balance due as of 7/29/14 in the amount of $13, 706. 28 . S . Plaintiff has made demand upon the defendant (s) for payment of the balance due but the defendant (s) has failed and refused and still refuses to pay the same or any part thereof. 6. Defendant ' s last payment on account was made on 1/30/2014 . WHEREFORE, plaintiff claims of the defendant (s) the sum of $13, 706 . 28 plus applicable costs . The Law Offices FofFI . Weinberg & Associates, P BY: Frederic / W,efinberg, Esquire Joel M. Fiink�, Esquire Attorney for Plaintiff P01A. 1 1 . s-,A9 CAPITAL ONE BANK(USA),N.A., Plaintiff, V. GREGORY A DAUB 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 I am an employee of Capital One Services,LLC,and agent and affiliate of CAPITAL ONE BANK(USA),N.A.,Plaintiff herein,that I am duly authorized to make this Verification,and that the facts set forth in the attached Affidavit are true and correct to the best of my knowledge,information and belief and is based upon information which Plaintiff has furnished to counsel. I understand the attached Affidavit will be incorporated by reference into the Complaint in Civil Action filed in this matter. The language in the Complaint is that of counsel and not of Plaintiff. To the extent that the contents of the Complaint are that of counsel and are relevant to this Verification,Plaintiff has relied upon counsel in makin his Verification. Dated: / � �9 Diane Trittipoe N00000042735672 211638879 A374 GORDON&WEINBERG,P.C. N00000042735672 CAPITAL ONE BANK(USA),N.A., Plaintiff, V. GREGORY A DAUB Defendant(s). AFFIDAVIT PERSONALLY APPEARED before the undersigned officer,duly authorized to administer oaths,Diane Trittipoe,who states under oath as follows: 1. I am over 18 years old and competent to testify to the matters set forth herein. I am an employee of Capital One Services,LLC, ("COSLLC"),an agent and affiliate of Plaintiff CAPITAL ONE BANK(USA), N.A.("Capital One"). COSLLC provides services to Capital One in connection with its credit card and related banking practices and my job responsibilities as Litigation Support Representative provide me with access to all relevant systems and documents of Capital One needed to validate the below information. I am authorized by Capital One to testify to the matters set forth herein. As a result of the scope of my job responsibilities,I have personal knowledge of the manner and method by which Capital One creates and maintains certain business books and records,including computer records of customer accounts. 2. The Capital One books and records are made in the course of Capital One's regularly conducted business activity and it is a regular practice of Capital One to make these books and records. Each of the Capital One books and records reviewed are made: (1)at or near the time the events they purport to describe occurred,by a person with knowledge of the acts and events;or,(2)by a computer or other similar digital means,which contemporaneously records an event as it occurs. 3. According to the books and records of Capital One,a Capital One account was opened in Defendant's(s')name for the purpose of obtaining an extension of credit. Subsequently,this account was used to acquire goods, services or cash advances in accordance with the Customer Agreement governing use of that account. Defendant(s)have failed to make the required periodic payments on the account. 4. The books and records of Capital One show that Defendant(s)is/are currently indebted to Capital One on account number XXXXXXXYXYXX6177 for the just and true sum of$13706.28 as of 04/28/2014,and that all offsets,payments,and credits have been allowed. This balance is comprised of Defendant's(s') outstanding debt on the date the account charged off(including any pre-charge-off transactions,interest,and/or fees)less any offsets, payments,or credits applied to the account after the charge-off date. 5. Nothing in the books and records of Capital One indicate or show that the Defendant(s)is/are a minor/minors,is/are mentally incompetent or is/are otherwise incapacitated. 6. I declare under the penalty of perjury that the foregoing is true and correct and if called as a witness I would competently testify,under oath,thereto. Given under my hand on: h Dated: � IY Diane Trittipoe County of Chesterfield,to wit: Commonwealth of Virginia SUBSCRIBED and sworn to before me,the undersigned Notary Public in and for the jurisdiction aforesaid, by Diane Trittipoe,who is personally known to me and who acknowledged before me his/her signature to the foregoing Affidavit. GIVEN under my hand and seal this � ff day of 20 k Notary Public �-•NOTARY '•% PUBLIC Z N00000042735672 REG#366470 MY COMMISSION�Q 211638879 p•� EXPIRES A374 •.�•613012017 : 0 GORDON&WEINBERG,P.C. ..... An EALT" 2 Department of Defense Manpower Data Center Results as of:Aug-18.201406:55:00 AM SCRA 3.0 Status Report EP ) Pursuant to Servicernernbers Civil ReliefAct Last Name: DAUB First Name: GREGORY Middle Name: A Active Duty Status As Of: Aug-18-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Servs a Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Dale Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Noted ore Future Call-Up to Active Duty on Active Du Status Date Order Notification Start Date Order Notification End Date Status Service Component N i NA NO f NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAH,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 File#2183549 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 at seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA;you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:hftp://www.defenselink.mil/faq/pis/PC09SLDR.htmi. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days In length were available. In the case of a member of the National Guard,this Includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps), Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: GCSDA3082072F60 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ° cLI -OF F/[� THE PROTHON-..i':,i 014 OCT -/ PA 2^ 35 CU0FFIC:E OF THE SI4'.ERhzp MBERLAND AN0 CRUNT YpENNSY^VAN|A Capital One Bank (USA) NA. vs. Gregory A Daub Case Number 2014-4991 SHERIFF'S RETURN OF SERVICE 09/04/2014 Sheriff RonR Andersonbeing duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: GregA Daub, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 25 Sussex Road, Lower Allen, Camp Hill, PA 17011. Deputies were advised by the current resident that he moved in in June 2014 and Post Office check made came back with a forwarding address of 356 Melbourne Lane, Mechanicsburg, PA 17055. 0024/2014 02:54 PM - Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Gregory A Daub, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Served" at 365 Melbourne Lane, Upper Allen, Mechanicsburg, PA 17055. Complaint expired before service was able to be effectuated. SHERIFF COST: $56.74 SO ANSWERS, September 25, 2014 RQNNYRANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, inc.