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Home My WebLink About07-0050IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No. ?C- ?,n vs. STACEY L. LEHMAN Defendant COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Michael J. Dougherty, Esquire PA I.D. #76046 WELTMAN, WEINBERG & REIS CO., L.P.A. 325 Chestnut Street, Suite 1120 Philadelphia, PA 19106 215-599-1500 WWR#05253465 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. v 7- S d STACEY L. LE?I-IMAN Defendant NOTICE TO DEFEND IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE UNLESS YOU ACT WITHIN TWENTY DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: AVISO IMPORTANTE USTED ESTA EN REBELDIA PORQUE HO FALLADO EN TOMAR LA ACION EXIDIDA DE SU PARTE EN ESTE CASO. A MENOS DE LA FECHA DE USTED ACTUE DENTRO DE DIEZ DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE REGISTRAR UNA SENTENCIA CONTRA USTED SIN EL BENEFICIO DE UNA AUDENCIA Y PUEDE PERDER SU PROPIEDAD O OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA AVISO A UN ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO Y NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, DEBE COMMUNICARSE CON LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE OBTENER AYUDA LEGAL: 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 in 6851 JERICHO TURNPIKE #190 SYOSSET, NY 11791-0000 . 2. Defendant, STACEY L LEHMAN, is an adult individual residing at 10 CABIN LN SHIPPENSBURG,PA 17257. 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 5291151919287563. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of SEPTEMBER 1.1, 2006, in the amount of $1,473.39. 5. Defendant is in default by having not made monthly payments when due. As such the entire balance immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 15.90% per annum on the unpaid balance from SEPTEMBER 11, 2006. A copy of Plaintiff's statement of account is attached hereto, marked as Exhibit "1" and made a part thereof. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, STACEY L LEHMAN individually, in the amount of $1,473.39 with continuing finance charges thereon at the rate of 15.90% per annum from SEPTEMBER 11, 2006 plus costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMA", EINBERG & REIS, CO., L.P.A. Micyael J. D ugherty, Esquire PA I.D. #76046 WELTMAN, WEINBERG & REIS CO., L.P.A. 325 Chestnut Street, Suite 1120 Philadelphia, PA 19106 215-599-1500 WWR#:05253465 F""Peoplepa- online u A better way to Internet, SmfW to • 5x faster»a FREE Acce%rstcr farina rust12nv pt-a$Wvalue( 1-888-587-9669 .$ • • Mention Offer Code: DOLLAR Visit www.peoplepe.com/go/dollar UNLIMITED INTERNET ACCESS PeoplePC Online offers the features you would expect from higher-priced Internet Service Providers, including: ® Virus Protection powered by Symantecrr ® Pop-Up BlockerTM 1!?, Spam controls .illp Smarter Smart Dialer Technology 4® More Email Addresses ® Internet Call Waiting Capital owl GOLD MASTERCARD ACCOUNT NOV 08 - DEC 07, 2003 5291-1519-1928-7563 Page 1 of 1 Account Summary Payments, Credits and Adiustments Previous Balance $1,315.62 Payments Credits and Adjustments $.00 This is our third and final notice that your account is seriously past due. Payment must be received within 72 Transactions $64.00 hours to void action by our collection department Finance Charges $17.68 New Balance $1,397.30 Transactions Minimum Amount Due $1,397.30 1 08 NOV OVERLIMIT FEE $29.00 Payment Due Date January 07, 2004 2 07 DEC PAST DUE FEE 35.00 Total Credit Line $500 Your request to dose your account has been received. Your acwunt will be dosed when it reaches a $0 balance Total Available Credit $.00 . Until then, you will continue to receive statements and must continue to make paymeri All terms and Credit Line for Cash $500 conditions of the account will apply while a balance remains. Please remember to au your cards and cancel all Available Credit for Cash $,00 charges which automatically bill to your account At to service teal One proudly mq r? the National Youth Anti-Drug Media Campaign. y° P NTS. THE ANTI-DRUG. To au Customer Relations or to reporta lost of rtolen nrd Stay involved - Ask Qestions. To get the FREE booklet, 'Keeping 1-800-903-3637 Your Kids Drug Freq' call 1-800 788-2800 or vis¢ www.TheAntiDrug,com'" For free online acceant sarv,« and epedal aastomer offer, log on to: You were assessed a past due fee of $35.00 on 12/07/2003 because your minimum payment was not received by the due date of 12/0/2003 To avoid thi f i h f d h wa?v.npitalone.oom . s n t e it ur, we recommen ee t at you allow at least 7 business days for your payment to reach Capital One. Send prymene to: Send inquiries to: Attn: Remittwor Prooeaing Capital One Savi_ Capital One Services P.O. B. 95147 P.O. Box 85015 Richmond, VA 23276 Ri6unond,VA23285-5015 EXHIBIT Finance Charges Pleweswrrmxa deforimportaxtirt6vwion Bd «+ae C_=' g W E gp6dm rare PURCHASES $1,35&14 .04356% 15.90% $17.68 CASH $.00 .04356% 15.90% x00 ANNUAL: PERCENTAGE RATE applied this period 15.90% PLEASE RETURN PORTION BELOW WITH PAYMENT. QP1wo116` 0000000 0 5291151919287563 07 1397300010001397304 New Balance $1.397.30 Minimum Amour Due $1,397.30 Payment Due Date January07, 2004 Total enclosed $ r-? Account Number. 5291-1519-1928-7563 print -ligaddnu-dl- -d ar 4Lrlabsw:ngb4at_k Street Apt A cmy s_ ZIP Home Phone Alue Phone #9034184637979157# MAIL ID NUMBER Capital One Bank STACEY L LEHMAN P.O. Box 85147 119 GETTYS13URG ST r n w m m m Richmond, VA 23276 °o a DILLSBURG PA 17019-1235 Pleare writeyaar auoant namber on rw check or money order made payable to Capita/ Om Bank and mail in the enclored envelope. I- T M ?l peoplepc- online %,-.-, A better way to Internet, UNLIMITED INTERNET ACCESS 1-888-587-9669 •' Mention Offer Code: DOLLAR Visit www.peoplepc.com/go/dollar peoplaPC is solely hiSPonamle for this offer, and is not affiliated with Capty one. Capital One does not provide, endorse or guarantee, and is not affiliated with, any product or service drown hare. 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Capital One is a federely registered service mark NI rights reserved 8 O I O O I n dx O N ppeeriodc rate. To obtain the average daily balance for the biRrhp oil covered by his fnatement, vie take the bepbalance of each segment each day, add any new tramscdom to each segment, and r bvact arty payment « cre6t. If the code N appears on the front of this statement nWA to 'Beharm Rau Applied To,' we Nero subtract any unpaid finance charge included in the balance of each segment.) This gives u the daily balance of each stagehand. Then, vve add tit all the dally bNxhmer for, each eegnem for the killing Period and divide by the total number of days in the billing period. This gives us the aver qqee tidy Mlance of each segment. 3. ArnslaPiosdap Rahn IAPRi. a. The taint 'Annual Percentage Rare' rosy appear r APR' on the from of this ooerem. b. H the code P (Prime), L (3ieo. LIBOR), C (Certficate of Deposit), or S (Bmkcard Prime) appears an to from of tits roe c:d =ANNUAL the periodic roe(s), the riodc rates and cerrespondmp ANNUAL PERCENTAGE RATE may wry quarterly and may increase or dcrear based on the armed indices, as fond in The Wall Street Joural, Plan the margin p 01ally disclosed to you. These changes wit be eficdw m the firm day of your doing period covered by your pededc amement ending in the monde January, Apd, July and October. a If the cods D (Priors), F (1 y L90R) « G (3mo. LIBOR Repriced Metal appears - the front of your smashers next to the Period. tan(s), to pedWc rates and omeaporndrg ANNUAL PERCENTAGE FL4TES may vary monthly and may increase or decrease based on the anted indices, as foul in The ll Street Joamay plus the margin Previously disclosed to you. These changes wire be effective on the fin day of your biding period each month. a. Arassmard o bah, owrrdt and Rekaned Pa mast Fees. Vow aocart wt1 be assessed ro mom ten two of the fees toed lam tat occur during any balling period. Under the terms Of your ctmarrer agmmret, we reserve the right to wow « not m asses any less w4dcu prior rcdficaton re you =w= our dye to ssrr the same or ainiar 6. teestArewAq Your Aoooot. If a membership fee aPPeers on the fun o this sWwnet, you haw 30 days irornh to date this antanart wss mefied to you te avoid Peytng the fee or te have suds fee credited to you if you ow-M Your aoout. Durkg this parted, you may continue W ntembers(ip fee, To cancel socrounfit without Mvrp m pay ire your aci.- you mist and WY your bi (eoaJJUditt qM ancie at mamerai? lei Prior u the «e o the thitryday period. 6. H tau Cb- Yo r Aoaaad. You inn mquere to dose Yyda«r scoout by c+ig w Caatarer Relations Depsnnan. You rash driroy your cri card(a) and swath areas csclrs, era ncd ad preredgri=r .9 g, your aceoart. H you do not presWvolzed amagerraars, wecarder receipt of a clsrge your seherizadm to reopen you mxceurFt. ond You Pali mayor amour will not be c= you owe ue including: any transcbere you have awlcrized, (Mice dirge., past due fees, owerarnft fees, tetrrred Psymem fees, rash adyace fees and any other fees aresed m your arnuat. You are responsible for tar onset .r toy appear en your account at Fire time you repheat to dose the aoour «they am Maud s bseµcn re Your RtPeat re dose the a co rs. This may result in charges appealing on your arrows after you he" Hay?ouveaudgri red a pwa-nomma e m«chaam and we acewtt the has been c c closed, fromse therdunt fter eov of the dhaanger vyodN M accourst added be adderd w to it vobew atcornt rc-und, the arnarn o , and yyoauu WIN be responsible t« payment. H there is a merrieralip fee fur your account, the fee will construe m be dhargetl, to the === d by law, urd the -it alance lies as defined above. 7. Using Yoe Aosoud.Your card or account miser be used in correction with my Internet ga nbling trarsactlo s. BIWNG RIGHTS SUMMARY (In Car Of E rthe Or Questions Abort Your Bill) If you tank your bib is wrap, «if you reed more 'nfortn on a transaction or ill, write to as on a separate sheet as soon as possible in the address for rhgraties sMvm m to from of Ilia noanem. We mom but from you ns lost than 60 dayy after vve sort you the fin bill on vuhfch the error or problem appeared, You on call our Gstamer Releties number, but doing r Van not reserve your rights. In your letter, give us the lclovAng Pnmmatlan: your name and accaram number, me dollar amount of the respected ern, a description of the error and an explanation, H possible, of why you believe them is error; or if you hard more inform , a description of Letter; Item you are share about. You do net Mw to pay any emou t in gristle w4hile we are investigating it, but you are sillablioYaJtheid to pay the pane of yas dN that ore not tnepo youo as aldinpsn oN lice enyou quehmtioncd-e carm? the amount you question. t,t Special Rile For Credit Card Purchases If you haw a problem vdth to quality of property or mer incea that you pndarred with a credit card and you haw vied in good faith to contact tM problem vritlh iM Mitcham, you may haw the right not to pay the remaining amour due on the prapany or services. You haw this Protection sriy vMan is purchaw pdax weer moo tan 550.00 arnd the ptlydss was made n your home mat or w(tin 100 miles of your maiaq address. (If we own or operate the merchant, or If ve maned you the adverdrmem for the property OF services, 4111 Purchases are cavaetl ragerder o amour or location of purchase.) %ss rem41mber to algh all coresporalohce. T Does rot apply to consult- man-cmiff card accounts t Doer not apply to busasse, non-cradA cod accounts Capital One supports information privacy protection: see w webehe at www.cep'talone.dwm. Cepiul One is a hder. y regmered rrtice mad of Capital Gpul One" Corporation. All rights reserved, 0 2003 01LOLBAK TA. Brow Period, you will haw -a mirimun grace period of , new baler vansina ? charge en new purchases spade[ Pact r and new Daher durgr if you pay yew toil 'New Baace-, In acchrdarce vvib the Ynportam Notice for payments below, and in time for it to be credited by your From statement big Them ta no grace period on sh adwrcr and > al 1ralNers. In aUdtlon, there lca n grace period on any trersedniorr it you do ram pay the Ford 'New belanoe.' b. Ass d Rnanaa Char". Transaction which are not a6Ject fo a grace period are atressed finance large 1) imonh ire erne of the tranactfon or 2) from the time ft transaction is processed to your Account or 3) from the fin calender day of the curan b1Rnp period Ad/doW1y, H you old not pay the 'New Balance' fr«n is plevios bAfrng Period in full, finance charges eon rue to accrue to You upaid balance until the uitaid balance if paid an full. This mesns IMF You mayy si11 hWe flrrerrCe energea, even if you pay to entire New ealarce rM1tce[0d m the from of your su met by the next naumers closinng dare, but old not do so for the previous momh Unpaid finance dirges are added m the?pkade sepnetrt o yew Aocoun. tc. so your r afX arc w Foaaa b lech t. far each damp period tat HA a finance danger, a miiwn total FINANCE CHARGE RGE of 50.60 vvit be InrPoaed. H tlhe foal finance chsrpe resifting Intro to applicator of yar pedadc r Fir is ass then 4060, we will abtraa 1Mt amain from the $0.50 nrri urn and the difference win be bill to the ptrduse of your account. t d Temporary RsBnstisn In ()urge. We reserve the rigltt to otress any OF as finance charges to any given 2. A bil??= pe_ Baller. ftneW?op Nsw Ardraosl. a. Finance charge is calalated W mtdPlying 1M dally baleno of each segment of your account (e.g., cash advance, purchase, optical trasfer, and special pudase) by the corresponding daily Periodic retail that IF boon PZrAoady declared to you. At the and of each clay during the blMV period, vve apply is dally periodic rate for each segment of your amount to the daily balance of each segrivern. Than at the end of is h-rp period, we add cop the results dude rakulatios to arrive at year ge aegmera we ail cop the results finance from each segment to arrive at the total periodic charge for your account. To get the dairy balance for eac segronsaw of your amexat, we take that begirring an each Fragment and add and my new trmeaction any periodic finance surge rda/ated on the p=`O s day's balance for tut segment. We then attract my pa lmorms « credte posted s at that day Chet are allocated m that segnhent Thie gives u the separae, deny bderce New Baler t ofo m r accent. Floryever, if you paid the your previas stnenent M full (or If your new balance was zero OF a cent amount), row trarasaion vviidv pmt m Your purchase or special -W ere is uge daily balance by byaa ding balances. We SO the daily balances, together cand! urrent dividing the sun by tM number of the days in the blip cycle. To calculate your mil avarice charge, nafnply your average dairy balance by the defy=odc rte and by the number of days in the bafig Pori Due to rondng on a deity basis, tare may be a sight wdarce between this calc lotion and the anetat of fiance dirge actually asaraed. b. If the code Z W NNa eppru m the tram of this statement nsc to 'balance te Applied To; we mulflply be Inrpartad Nslios: your payment wlm be cmdtad m your aceartt as of the au we receive h, Providg you send tla bottom pondon of his atatarrhmt sit your deck in the orrdoaetl remmarce envslope, snit your paymom m received In w proceWrg tenor by 3 p.m. Payment addrssaed m w Viryria «Georgia proceaalng coma nun ba rx"ved on a bueinssa day d?elrw pit . Ef. Payments adtessed m welf Washlrgton proossalrg caner rmrm De wd on a badnes deV by 3.00 p.m. PT. Phase allow n ban flw f6) buelness days fen portal rY• ymarte recarved by s at mY oter location or n enorMr ire mat ram be ctedt41d the rme dal we recarw 1Mm. Our bualress days err Monday through Saturday. exdudrg hclide-.dze w %ss to r do rat z: ps gst rst , pepor your bars acewrt ps, atc. vtnen preparrirq year payment. When you sand ce a deck(s), you authorize ce to make a as-tree alactrotc trarssar dhbii horn your bars eccoarvt fen 7thke a amf to dhxk. Thla aulhodzaton appkr u all dafcks nuiwd tluky era biding cycle aunt If rnt DY someone dr. If vw carrot process is varsar, ycu remc m a uung the deck, a paper dray or titer rem. VERIFICATION The undersigned does hereby verify subject to the alties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is (NAME) of 0a 12'4aD&fJe-,, / ,plaintiff herein, that (TI LE) (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 (SIUNATURE) WWR# P, ?l Gl O ?J 0 z c? w G? W CO Ern OL-3 WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Michael J. Dougherty, Esquire Attorney for Plaintiff(s) I.D. No. 76046 325 Chestnut Street, Suite 1120 Philadelphia, PA 19106 Phone: 215.599.1500 Fax: 215.599.1505 File # 05253465 CAPITAL ONE BANK CUMBERLAND County Court of Common Pleas vs. STACEY L. LEHMAN NO. 07-50 CIVIL TERM PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Kindly reinstate the Complaint in Civil Action in the above-captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By Michael J. Dougherty, Esquire Attorney for Plaintiff - TI . ? r . -71 O ? C S G SHERIFF'S RETURN - REGULAR CASE NO: 2007-00050 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS LEHMAN STACEY L STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE LEHMAN STACEY L DEFENDANT was served upon the , at 1620:00 HOURS, on the 1st day of February , 2007 at 401 W MAIN STREET WALNUT BOTTOM, PA 17266 STACEY LEHMAN by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 J??°? r.? , Service 2 4 . 6 4 Postage .39 Surcharge 10.00 R. Thomas Kline .00 53.03 ? 02/02/2007 ? WELTMAN WE INBERG RE I S Sworn and Subscibed to By: a?e? before me this day /Deputy Sheriff of , A. D. WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Michael J. Dougherty, Esquire I.D. No. 76046 325 Chestnut Street, Suite 501 Philadelphia, PA 19106 Phone: 215.599.1500 Fax: 215.599.1505 File # 05253465 Attorney for Plaintiff(s) CAPITAL ONE BANK vs. STACEY L LEHMAN CMBERLAND County Court of Common Pleas No.: 07-50 PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss the above matter without prejudice. WELTMAN, WEINBERG & REIS CO., L.P.A. By Michael J. 4ougherty, Esquire Attorney for Plaintiff sr ^' i ? C r e-. .? ? - i.. ? 1 __ ? ? ?# r., . J L... {?..] ? y ?? :? j_ r ?Y y ` ^?C