HomeMy WebLinkAbout06-6941,4, i
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~' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff No: ~~ V ~ ~ ~_
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SANDRA L THOMPSON
i
~~Defendant
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 2718
Pittsburgh, PA 15219
(412) 434-7955
FAX: 412-338-7130
05561438 C A Pit SGM
,, ~~
~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
VS.
SANDRA L THOMPSON
Civil Action No
„.
Defendant
«~ COMP AINT AND NOTICE TO DEFEND
~~ ,
I' You have been sued 'n court. If you wish to defend against the
.;; ' claims set forth in the ollowing pages, you must take action within
~.ii twenty (20) days after t is 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 is a corporation with offices at 6851
JERICHO TURNPIKE #190 SYO~SSET NY 11791 .
~ I
2. Defendant is adult individual(s) residing at the address listed
below:
SANDRA L THOMPSON
1011 DOUBLING GAP RD
NEWVILLE, PA 17241
3. Defendant applied for and received a credit card bearing the
account number 5291491906625601 .
~" I ,
4. Defendant made use of said credit card and has a current balance
due of $13158.12 as of November 13, 2006 .
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
19.800% per annum on the unpaid balance from November 13, 2006 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 SANDRA L THOMPSON INDIVIDUALLY in the amount
of $13158.12 with continuing interest thereon at the rate of 19.800°s
per annum from November 13, 2006 plus costs.
i James C W
WELT W
436 Se
~ ent
~
Pitts rgh,
(412) 434-7
FAX: 12-
0556 4 38
a rocit, 42524
EI ERG & REIS CO., L.P.A.
h venue, Suite 2718
A 15219
55
8-7130
A Pit SGM
This law firm is a debt collector attempg to collect this debt for
our client and any information obtained ill be used for that purpose.
7
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Account Summary
Previous Balance E8,295.67
Payments, Credits and Adjustments 5,00
Transactions E35.00
Finance Charges E140.66
PLATINUM MASTERCARD ACCOUNT
5291-4919-0662-5601
DEC 26, 2003 -JAN 25, 2004
Page 1 of 1
Payments, Credits and Adjustments
Transactions
25 JAN PAST DUE FEE
New Balance E8,471.33 In order far us to provide you with the most appropriate servicing options, account terms and
Minimum Amount Due E8,47t.33 products, we need to Collect additional account information from you. PLEASE CALL US at
Payment Due Date Febrtnry 25, 2004 1-888-440-5148 and allow us to prompt you through a few simple questions. Thank you
for choosing Capital One.
Total Credit Line 57,700
Total Available Credit 5,00 Your account has recently been past due, ovetlimit, or has had a returned payment We request
Credit Line for Cash E3,850 that you keep your account in good standing. We value you as our customer and appreciate your
Available Credit for Cash 5,00 business. Thank you for choosing Capital One.
At your service You were assessed a past due fee of L35.00 on 01/25/2004 because your minimum payment was not
received by the due date of 01124/2004. To avoid this fee in the fuhtre, we recommend that you
To caB C tome Rdarion: or to repon a lost or arolen ®r& allow at leas[ 7 business days for your payment to reach Capital One.
1-800-955-7070
For free online account smite and :pedal osstoma off ,log on to:
wvrn~,cnpitilonamm
Send payments to: Send inquiries to:
Attn: Remittanm Proccang
Capital OneSecvias CapitilOn<Servim
P.O. Box 85147 P.O. Box 85015
Richmond, VA 23276 Richmond, VA 23285-5015
EXHIBIT
~~ ~' ~/
E35.00
Finanee Charges
m Please mm rev erie tidr for importarst information
Bala ratr P ivdir Cwrrspoadaxg ICE
^ gp/vdto smr AAPPR G$
16 PURCHASES 16,965.11
CASH .05425% 19.80% 1117.14
11,398.31 .05425% 19.80% 123.52
ANNUAL PERCENTAGE RATE applied this period 19.8096
• PLEASE RETURN PORTION BELOW WITH PAYMENT.
~~~` ~~~~ 0000000 0 5291491906625601 25 8471330229088471335
New Balance E8,471.33
Minimum Amoun[ Due Ee 471.33
Payment Due Date February 25, 2004
Total enclosed S
AsxountNumber. 5291-4919-0662-5601
Capital One Bank
P.O. Box 85147 ~t~n~~~un~t~u~~u~
Richmond, VA 23276
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Home Yhone Al[ervre Phone
L #9002509469008329# MAIL ID NUMBER
a~ SANDRA L THOMPSON
d°, 1011 DOUBLING GAP RD
^ ~ NEWVILLE PA 17241-9795
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Please unite your account number on your rhxk or money order made payable to Capital One Bank and moil in the enclrued envelope.
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O
N N
OILOLBAK
'r a. Oraee Parard. you will have a mirimun grace period of
25 days withota finance durga m rtes purchases, new ~jj`~` ~ ~v "" ' average aany balance for the
b rig paned cevered by iNa stetunem, we take dta
e9irrin9 balance of each x
mam
h d i our accoun if it Ma already been dosed. Tvr example,
f you aufwrized a purchase from a merchant and we
balance trensfere, news cial
charges if you pay your total 'N~e Ba ertce d new other g
eac
ay, add any new receive the treruaction from the memham aher your
Nrtmt, aM subtract any paymeme account has been dosed, your eccam will ba reopened
ore
tli
t
accordance with the Im rtern Notice for a
Po p ymema below, cre
ts. Of
he rode
ppeare m the has of tNa
natemem rew to 'BalartrE Rate Applied To
' are al ,
the amoum of Me dtarge will be added to your eccourt,
erg in time for it to be credited by your next sretemeM
dosing date. There is rw grace period on cash advarxx~ ,
so
aubtram any unpaid finance d,er
01 each a 9e included in the balance
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You will ~
and reeporreime for peymem. Ii there Is a
membenliP fee for yar accomt the fee will caainue
erg apedal irertstem. In eddkim, there is no grace period
m any trarreaction if you do rwt
pay the total 'New m
i
h
~
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us
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a
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alance of each
nxa
°~n up ell the daay balances is each to be charged, to the extern permitted by law, umil tfte
ccoUnt balance hew been paid in lull as defined above
balance '
6
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aegmers for the billing period and divide by the total
number of days in the billing period
TNS
ives us the .
7. Ihktg Yrru Aceara.Ymr card or account carrot he
.
etau FFartee
q Charge. Transactions wMrh are not
f>fect to a grace
eno0 are as
d fi .
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average daily balance of each segment. usetl in connection with any irnertret gambling
transactlats
p
sesse
nance rdurge t)
from the date of the trartsactim or 2) from the date the
3. Amttal Perwntape pates CAPRI.
a. The term 'Amuel Percentage Rate' ma
a .
transaction is processed to your Account or 3) from the
~Addtionally,
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y
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a
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o y
ppear as
'APR' m the from of this natemem.
b. If the code P (Prime)
L (3-mo
LIBORI
C (C
ifi
f BILLING RIGHTS SUMMARY
Iln Case UI Ertore Or Queniore Abaa your Bilk
d rtm pa
the
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a
alanc
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dllirg period In fop, Rnartce char prewoua
gee rxxttinue t0 accm
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Deposltl, or S fBankcard Primal appeare m the from of If you think your 6111 is wrong, or if you need more
information m a transaction or bill
wme to us m e
e
o
your unpaid balance umil the unpaid balance is paid in full.
TNe means that you may still owe finance charges
even if tNs statemnrn crew to the periods rate(s), the periods
rates and mrreapondrtg ANNUAL PERCENTAGE RATES
ma ,
separate Shen as soon as posslde at the address for
irtgtirieS shown on the frmt of this statement
We mrtn
,
you pay the ernire New Balance irxficeted m the from of
your netemem by the new etetemart closing doe
but del y vary quenedy and may incmaae or decrease based
on tits stated irtdcea, ea found in The Well Stma[
J .
hear tram you no later then 80 day aher we sern you the
first bill m which the error or problem appeared
you can
,
not do so for the precious month. Unpaid finance charges
are
dd
d anina/, plus the margin previousy dsclosed to you.
These changes will 6e effective m tfte first day of
our ,
call cur Crstomer Rdniarte number, but doing so will not
i
a
e
to the applicable segment of your Accotm.
'r <. Mkrknum Fnanoe Charge
For each Nlli
ri
d
h y
billing period wveretl b
~ Y Your periods statement endng preserve your r
ghts. In
your letter, give us tic following
information: your name antl eccomt amb
h
d
.
ng pe
o
t
at
your account is aspect to a finance cha
rge, a minimum
total HNANCE CHARGE of x0
50
ill b
i
the momhs Jerxary, Apni, July and October.
c. If the code D (Prime), F (1-mo. LIBORI or G l3-mo. er, t
e
ollar
amount of the suspected error, a descriptim of the error
eM an explanatim
if
ossible
f
fi
.
w
e
mposed. If the
imal finance charge rea/ting tram ifte epplicatim of your
LIBOR papriced ManNy) appears m rho from of your
atatemem new to Me
ri ,
p
, o
w
y you believe there is
an error; or it you need more inlortnafion, a descriptim of
periodic ratelal is less then 50.50, we will subtract that
amount horn the 50.50 mimmtwt and the difference will be pe
c ratelel, the periodic rates
and cortespondirg ANNUAL PERCENTAGE RATES ma
rt the item you are insure about. Vau do not have to
mount in PSY any
esggatirq it
but
ou
~
n
e
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billed to the purchase aegmern of your accetm.
t d. Terrgaary Realuetion kr Fnrtea (7rr
We reser
th va mornN erg ma Increase or decrease Dasetl on
te
Hated indices, as /ar d in The Wa4 Szmaf Joeime%
Was ,
y
are still obll
t
ed ro
e arty oj
a
th
~ p Y p your bill that are rat
in questim. WNIe we invesrigate your
tusom w
g
ve
e
phi to not assess any or all finance charges for any (even
billi the margin prevously disclosed tc These Ma
you. ogee
will be ehective m the first da of
Y your billin
eriod re cenrtot
report you as delinquent or take en g
y action to cdlect the
ng period.
2. Average Daily Bal~ca Irrtekrdkp New Artlnea:i.
a
Fl
d g p
each month.
4. Aaseavnem oT Late. OverGmk atg pehmed Psymerd Feea amomt you question.
.
rurtce
targe is caladated bV multiplying the daily
balance of eaU segmnsa of your eceourn (e
cash .
Your atxoum will be asaessetl m more than two of the fees
li
I't Spedal Rule Far Credit Card Purchases
. g.,
advance, purchase, apedel tremhr, end spacial purdwse)
by Me corresponding daily periodic retefe) that has been ned here that assn during any billing period. Urger the
tertna of your customer agreement, we reserve the right to
i
Ii you have a problem with the quality o1 property Or
previously dadosed to you. At the end of each day during
the dllirg period, we apply the tlaay periodic rate for e
h wa
ve or not to sasses any fees witMut prior rwtification to
you without waiving our right to assess the same or similar sernces tfut you purchased wiM a credit card aM you
have tried in good faith to correm the proaem with the
ac
aegmem of y
your account to the tlNl balance of each
aegmeM. Then at the eM of the billing period
we add rp t e later rime.
5. Renewerrg Yrar AceaaR. Ii a membership fee
ea
h
f merchant,
you maY have the right not to pay the remaining
amotnt due m the property or xrvices. You have tNa
,
the results of these daily calculations to arrive et your
eriodic fi
d pp
re m t
e
rom of tNS slatemtxa, you have 30
days from the doe this natemmt wee mailed to you [0 PrmeNm ody when tits purchase price was more than
350.00 and tfre purchase was made in car
c bane
t
p
nance
tar for each a
results from each ae~ a9rntatt' We add W the
~~ to amve at the total
eriods
avoid paying the fee or to have sash tee credted to you
if y
Ha
e or
within 100 miles of your mailing address. (If we awn or
p
finance cha a for
for each ro Yeur anxxxnt. Te gn the daily balance
aeynrxn of your acetxmt
we take the beyrxin you cercel your awoum. During this period, you may
cominue to use your account withou having to pay the
m
b
h operate the merchant, or ii we meiletl you rite
edvertisemem for the property or services, all purchases
,
g
eelance for each aePnertt entl add any new treruactiore
d em
es
p fee. To umd your eccotett, you must
ratify ua bV calling our Customer pNatima De rtmern covered regerdlesa of emoum or lacetim of purchase.)
Please remember to sign all <orrea
o
g
rin
any periods finance drarge celMeted m the pretious
y's balance for that aegmem. We then subtract any erg pay you 'New Balance' in Tull (exduding~he
memb
hi
f r
p
mce.
payments ar credts ported as of Mat tlay Mat ere allocatetl em
p
ee) prior to the eM of the tMrty-day padod.
8. I} Yau Ckae Yea AeeouR
Ye t pons not apply m consumer non-czerAt cer0 accounts
to tMt aegmern. TNS Yves us Me separate daily balance
iw each aegmem of your account. Hovuever, if you paid rite .
u can request to tlose
ymr account by calling mr Customer Rnatirxts
Departmem. you moat destro
m
d
d
I goes oar apply ro business noncred/t card aecoeers
New Balance sfwwn m your previous atatemmt in full for
rf ymr rrew balance was zero or a credit emoum)
rew y y
r cre
t car
(s) and
accomt access checks, cancel all preaudwrized billing,
a
d
i
Capml Orte su
ons Ini
i
ri
,
vansamims which poet to your purchase or special
h n
cease ua
rtQ your ecceutt. If you do a cancel
preauNorized Mllirg artangemmta
we will consider ormat
m p
PP
vacy prmectlon: see our
website at www.cepitalaie.com.
purc
ase wegnerrta are not added to the daily balances. We
calnaate the average dally balance by adding ell the daily ,
recept of a dirge your aaMrizatim to reopen your
acearnt
Adtlltl
l Capital One is a federally reginered service mark of Capital
Orre Fnerrial Cor
a
oration
All ri
m
balances together and dividrq the sun by tic number of
th
d
i .
ma
ly, your accnxmt will rwt be tloaed
mtil you pay all emouna
You owe us irxfiudin
: an p
.
g
a reserved.
2003
Capital One
e
ays
n the curern billing cycle. Te celcdate
finance charge, muni Yeur total
il dyy your average daily balance by the
d p
y
transactions you haw eahorized, fironce charges, past
due fees, ovedimit tees
rmutrted pa
ment fees
h
a
y periods rate and by the number of days in the billing
period. Due to rouging m a deity basis
there may Oe a ,
y
, cas
advance fees aM any aher fees esae®ed to ywr
acco
t
Y
,
slight variance between tfis ralculatim and the amatnt of
fnance durga amuelly assessed m
.
w are responsible for these amtxwrcs whether
they appear m your accoum at the time you request to
.
b. If the code 2 or N appears m the ban of this statemtxd dose the eaAtwtt or the
Y are irxxared atbsequent to
dew to 'Belarrx pate Applietl To,' xva multiply the
uo..,,. .a.. .,e...-_ _. __ _______ .. your re
du 9ueat to close the aceoum. TNs maY result in
tgea eppeedng m your eccoun aher you have
I^P?»~eNoi%.'~Youarpgeymem will be cre6tetl 20 your account as of the date we receive it, Drovided you send the batten portion of this statement and your check in the endowed
year paymem rs received in our processing semen by 3 p.m. Payments addressed to our Virginia or Georgia processing center moat be received on a business day
by 3:00 p.m. ET. Paymema addressetl to cur Washington processing rxaser mart be received on a butineas day by 3:00 p.m. Pi. Please allow at lean flue 15i brelneas tlays for postal
delivery. Peymmta received byWus at anY othpesr locetion or in another form may rtm be credtetl the same tley we receive them. Our business days ere Matday through Snurday, excludng
hank carwun br tfranama~in[ of tf~ie check. This euthon etiapn a~n~ ~r peymam. When you send us a cfv;cklsl, you euthodze ua to make a one-time alettronic tramfer debit ham your
authorize caw to make a dtarge against your bank acnxxrn uei ~e ~ II dreclo receivetl dudn4 the billing cycle even if amt by someone else. Ii we cannot process the transfer, you
rig k, paper tlrak or mbar rtnn.
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 IPA. C.S. 4904 relating
to unsworn falsifications to authorities, that he/she is ~~ ~~~ l~-IC~r~~d-
(NAME)
I ~~ !
'1~ of Cr4 ~~ Jt,~ f 1~`~
,plaintiff herein, that
~ (TITLE) (COMPANY)
he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint
are true and correct to the best of his/her knowledge, information and belief.
(SIGNATURE)
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff No. 06-6941
vs. PRAECIPE TO SETTLE, DISCONTINUE
& END WITH PREJUDICE
SANDRA L THOMPSON
Defendants
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Benjamin R. Bibler
:Paid. # 93598
Wettman, Weinberg &Reis ,.L.P.A.
2718 koppers Building
43b Seventh Avenue
Pittsburgh, Pa l 5219
(412) 434-7955
W W R#05561.438
- M
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DMSION
CAPITAL ONE BANK
Plaintiff
vs.
SANDRA L THOMPSON
Defendants
Civil Action No. 06-6941
PRAECIPE TO SETTLE DISCONTINUE AND END WITH PREJUDICE
TO THE PROTHONOTARY OF COUNTY:
Please kindly Settle Discontinue and End the above captioned matter with Prejudice upon the records of
the Court and mark the cost paid.
Sworn. to anal subscribed
Before me the
Day of March, 007
NOT Y PUB C
COMM~~ ~"c~NNI~VANtA
Wayne A. Jones, NotaN Public
City Of P'~tsbur9h, Allegheny Gotx-tio
~ Comm~~ Expires June 29, ~
Member, Pennsylvania Association of Notaries
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: _
Be jami ibler
P id # 598
Weltman, Weinberg &Reis ,.L.P.A.
2718 koppers Building
436 Seventh Avenue
Pittsburgh, Pa 15219
(412) 434-7955
WWR#05561438
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SHERIFF'S RETURN - REGULAR
CASE NO: 2006-06941 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAPITAL ONE BANK
VS
THOMPSON SANDRA L
SHAWN HARRISON Sheriff or Deputy Sheriff f
Cumberland County,Pennsylvania, who being duly sworn acco ing to law,
says, the within COMPLAINT & NOTICE was served upo
i
THOMPSON SANDRA L I the
DEFENDANT at 1816:00 HOURS, on the 26th day of Dec
at 1011 DOUBLING GAP ROAD
NEWVILLE, PA 17241 by handing to
SANDRA THOMPSON
a true and attested copy of COMPLAINT & NOTICE
r 2006
tog~~i~her with
and at the same time directing Her attention to the contei~~s thereof.
Sheriff's Costs:
Docketing 18.00
Service 12.32
Affidavit .00
Surcharge 10.0 0
.00
~~' 40.32
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Sworn and Subscibed to
before me this day
of
So Answers:
~L
R. Thomas Kline
00/00/0000 ~
By:
Deputy Sheri
A.D.
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