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Home My WebLink About07-0908 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. GERALD A ACRI Defendant No : d Al _ ?6P e to ? 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 05417308 C N Pit BNT C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No GERALD A ACRI 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 r COMPLAINT 1. Plaintiff, CAPITAL ONE BANK is a corporation with offices at 140 EAST SHORE DR GLEN ALLEN , VA 23059 . 2. Defendant is adult individual(s) residing at the address listed below: GERALD A ACRI 101 GEORGE ST ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number 5291071556543542 . 4. Defendant made use of said credit card and has a current balance due of $2758.06 , as of January 23, 2007 . 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 22.150% per annum on the unpaid balance from January 23, 2007 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 11111 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 , GERALD A ACRI , INDIVIDAULLY , in the amount of $2758.06 with continuing interest thereon at the rate of 22.15016 per annum from January 23, 2007 plus costs. James C Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 ev nth Avenue, Suite 2718 Pit sb gh, PA 15219 (4 2) 34-7955 FM: 12-338-7130 0,641 08 C N Pit BNT This law firm is a debt collector at;te ting to collect this debt for our client and any information obtai d will be used for that purpose. VALUED CARDHOLDER Bonus Coupon EXPIRES AUGUS1 15, 2006 ISSUED TO: GERALD A ACRI 53 PERSIAN LILACDR EITERS PA 17319-9311 arm Exom,Appointment Books The new 2006 Appointment Book's spacious week-in-view calendar spreads provide plenty of room for all of your appointments, reminders, birthdays and anniversaries. The flexible 2006 Pocket Diary is the perfect companion - take it everywhere you go. Regularly priced at $24.95 and $1495 - now only $5 each: Montefiore' Fim Writing Instruments You've seen prestigious pens like these in stores selling for $65 or more. They're backed by the Montefiore L Lifetime Guarantee! At only $5 each, r you can own The World's Best Pen at the Il World's Best Price. See details on back CapitalCW MASTERCARD ACCOUNT 5291-0715-5654-3542 Account Summary Previous Balance $1,918.38 Payments, Credits and Adjustments S.00 Transactions 568.00 Finance Charges 536.44 New Balance $2,022.82 Minimum Amount Due 52,022.82 Payment Due Date July02, 2005 Total Credit Line $1,500 Total AvailableCredit S.00 Credit Line for Cash $1,500 AvailableCredit for Cash $.00 At your service To callCustomeRelationarto repora lostorstolacard: 1-800-903-3637 Forfremnlinmecounaervicandspeciab otomeoffersiogonto: www.capitalone.com Sendpaymentio: Sendingiarieso: Atm: RenittancFrocessing CapitalDneBank CapitaiDneServices P.O.BoX790216 P.O. BOYS5015 St.LouisM063179-0216 RidunondyA23285-5015 EXHIBIT 1 Finance Charges Pleaseseerevemaideforimportantinformatim Balan®te Periodic Corresponding FINANCE applietb rate APR CHARGE m PURCHASES $1,437.89 .060680A 22.15% $27.05 ?o CASH $499.31 .06068°,8 22.15% $9.39 ANNUAL PERCENTAGE RATE applied this period 22.15% PLEASE RETURN PORTION BELOW WITH PAYMENT capita oW 0000000 0 5291071556543542 02 2022820085002022820 New Balance $2.022.82 Minimum Amount Due $2.022.82 Payment Due Daze July02, 2005 Total enclosed $ Account Number: 5291-0715-5654-3542 MAY 03 - JUN 02, 2005 Page 1 of I Payments, Credits and Adjustments Transactions 02 JUN CAPITAL ONE MEMBER FEE $39.00 02 JUN PAST DUE FEE 29.00 ""•CapitaDne proudly supports the National Youth Anti-Drug Media Campaign. PARENTS. THE ANTI-DRUG. Stay Involved- Ask Questions. To get the FREE booklet, "Keeping Your Kids Drug-Free," call I-800.788-2800 or visit www.TheAntiDrug.com•'• You were assesseda past due fee of $29.00 on 06102/2005 becauseyour minimum payment was not received by the due daze of 06/02Y2005. To avoid this fee in the future, we recommend that you allow at least 7 businessdays for your payment to reach Capital One. Pleasprintmailingddres nd/oo-maithangdwlowsing)lumrblacknk. City State ZIP HomBhone AltemaMone EmaiAddress #9015447617687766# MAIL ID NUMBER Capital One Bank T GERALD A ACRI P.O. Box 790216 11 111 11111111 1111 tl o 53 PERSIAN LILAC DR St. Louis, MO 63179-0216 ETTERS PA 17319-9311 Plemewrileyouraccomnumberonyourche lormoneyordemladepayabldoCapiud One Bankand mail in theenclosedinvelope. r I . r VERIFICA'rim CAPITAL ONE BANK vs ACRI, GERALD A 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, TRACY TAYLOR, Authorized Agent, of CAPITAL ONE BANK, Plaintiff Herein, that he/she is duly authorized to make this Declaration, 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. I TRAC TAYLOR UVonda S. Brooks Notary Public Douglas County, Georgia My Commission Expires February 29, 2008 5291071556543542 A.049 WELTMAN, WEINBERG & REIS CO., L.P.A. ?t? "No TP'?'t W ??Wya N CA) --C SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00908 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK VS ACRI GERALD A R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ACRI GERALD A but was unable to locate Him in his bailiwick. He therefore returns the ("(ITRT]T TT'ATT' f_ AT(lR'T( L the within named DEFENDANT , ACRI GERALD A NOT FOUND , as to 101 GEORGE STREET ENOLA, PA 17025 CURRENT RESIDENT HAS BEEN THERE FOR 2 YEARS. Sheriff's Costs: Docketing 18.00 Service 14.40 Not Found 5.00 Surcharge 10.00 .00 47.40 So answer.. R. Thom Kline Sheriff of Cu erland County WELTMAN WEINBERG REIS 03/08/2007 Sworn and Subscribed to before me this day of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. GERALD A ACRI Defendant No. 07-908 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C. WARMBRODT PA I. D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05417308 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 07-908 CIVIL TERM GERALD A ACRI Defendant PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR: Settle, Discontinue and End the above-captioned matter upon the records of the Court without prejudice to refile and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: Attorney fc 2718 Kop 436 Sev n Pittsbur h, (412) 4-' SWORN TO AND SUBSCRIBED before me this 3b day of 7 ! 2007 w _ Pf ARY P LIC Iding 15219 17308 COIWIV&1e"117 ^"Y' ' CF PF-NNSYLVANIA +f P.? .? i ???2010 r?.? C ? e_-a C7 ?.:. c=:a ._.a -tl C'°p -? { ? , {",> i" - _ , r,.{ _"` ; i ri - ?; ? ?. t?a;) j a 4..3 -`"'