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Home My WebLink About07-2313IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL D:CVISION CAPITAL ONE BANK Plaintiff vs. DAVID S PENNER Defendant No : (D7 ^ a3 L3 (flu, %, L-?n 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 05780912 C N Pit DKB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No DAVID S PENNER 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 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: DAVID S PENNER 202 LEEDS RD NEWVILLE, PA 17241 3. Defendant applied for and received a credit card bearing the account number 4388642070770089 . 4. Defendant made use of said credit card and has a current balance due of $1735.27 , as of March 14, 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 27.740% per annum on the unpaid balance from March 14, 2007 . A copy of Plaintiffs STATMENT 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 , DAVID S PENNER , INDIVIDUALLY , in the amount of $1735.27 with continuing interest thereon at the rate of 27.740% per annum from March 14, 2007 plus costs. V ? - James C. Warmbrodt,42524 WELT AN, WEINBERG & REIS CO., L.P.A. 436 even h Avenue, Suite 2718 Pit sburg , PA 15219 (4?2) 43 -7955 FAUX: 412 338-7130 0578091 C N Pit DKB This law firm is a debt collector at emptXng to collect this debt for our client and any information obtai ed/will be used for that purpose. - M Your Credit Future Is In Your Hands C? 'pn your al Capital One" wants to give you all the help we can in managing your finances. To make the most of your time and money, take the following steps to maintain your good credit. CHECK IT: 'Review ybur credit report at least once a year to check for errors or fraudulent activity. FIX IT: Contact the credit bureaus and credit card providers to correct mistakes on your credit report. USE IT: Demonstrate wise use of credit. Make purchases regularly and pay your account on time. WATCH IT: Maintain good credit by keeping your balance under the credit limit and pay your bills on time. CONTROL IT: Moderation is key. Don't max out your credit. 9W11ot CaPMalQW. Account S Previous Balance $1,204.35 Payments, Credits and Adjustments $6.00 TransaLtionS $41.00 Finance Charges $28.63 New Balance $1,267.98 Minimum Amount Due $1,267.98 Payment Due Date December 13, 2005 Total Credit Line $2,000 Total Available Credit $,00 Credit Line for Cash $1,000 Available Credit for Cash $.00 At your service To mll Customer Rdations or to report a lost or stolen cud 1-800-903-3637 Send paymerns to: Send inquiries to: Attn: Remin- Pro-sing Capital One Bank Capital One P.O. Box 790216 P.O. Box 30285 St. Louis, MO 63179-0216 SLC, UT 84130-0285 m a m PLATINUM VISA ACCOUNT 4388-6420-7077-0089 OCT 14 - NOV 13, 2005 Page 2 of 2 You were assrssed a past due fee of $35.00 on 11/13/2005 because your minimum payment was not received by the due date of 11/12/2005. To avoid this fee in the future, we recommend that you allow at least 7 business days for your payment to reach Capital One. EXHI?t V PLEASE RETURN PORTION BELOW WITH PAYMENT Qvpftalow- 0000000 0 4388642070770089 13 1267980100001267987 New Balance $1,267.98 Minimum Amount Due $1267.98 Payment Due Date December 13, 2005 Total enclosed $ Account Number: 4388-6420-7077-0089 Capital One Bank P.O. Box 790216 St. Louis, MO 63179-0216 Plrmrprmt madigai&-andor.--dd-dcs be! r ? . , b l a e whl knrk Streer Ape# Gry Slie ZIP Home Phone Atternrte Phone #9031731170131340# MAIL ID NUMBER DAVID S PENNER 202 LEEDS RD NEWVILLE PA 17241-9549 Pleme write yow a nt number on your cherk m mousy order made payable to Capital One Bank and mail in the enclosed envelope. Capital one® what's in your wallet?" The steps to maintain your good credit are provided by Capital One, in conjunction adth Consumer Action (rzwtv.corr mr,,ctiomorg). 0 zoos Capital Ore Services, lmc Capitol One is a rederally, registered serVire mark All rights resened. N N O m .- m Imlertant abtfea: Payments you om?af.to w HL credited to your arxatart as of the business day w receive it, provided (t) you aerrd the bottmn poro=v etrnrera arq your clock the ereloaed reminance gruel payment is received In thin Processing corner by 3 p.m. ET 112 noon Pn. Please allow at 1=41 earn eve 15days /or posit delivery. Paymerma received by us at any alter london or in any other form may not he credited as of the deYY we receive them. Our buimms days are Mendsy through Se[urde exdudirg halidsya. Pleax do rot use step paper di nc. Mien preperirgyou r payment, When yyoau1 send ua a Mxk(syou erMert" us W make B one-time ieetronic trarehr refit K you. bank accornt br the emourn of the cheek, This authorization eppiea to all ecra recelvetl during the higfrrg cycle even if sent by someone eke. If _ c mgt P_ the trarofer, you authorize pa per draft ue to me W a charge against your bank aceourn using the check, a or oiler item. VERIFICATION CAPITAL ONE BANK vs PENNER, DAVID S 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, MAISHA DAVIS, 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. MAISHA DAVIS Notac ublic MYRA PRiNDLE Notary Public Gwinnett County Georgia My Commission Expires July 31st 2009 4388642070770089 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. f? tc? 70 ZQ b P 140 N_ P n rtp r O ? Vol CASE NO: 2007-02P13 P COMMONTWEALTH OFL ENNSYLVANIA COUNTY OF CUMBER D CAPITAL ONE BANK VS PENNER DAVID S R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn accor ing to law, says, that he made a diligent search and inquiry for the ithin named DEFENDANT PENNER DAVID S but was unable to locat Him in his bailiwick. He therefore returns the COMPLAINT & NOT CE , the within 202 LEEDS ROAD SHERIFF'S RETURN - NOT FOUND , PENNER DAVID S NOT FOUND , as to NEWVILLE, PA 17241 DEFENDANT WAS ?VICTED FROM GIVEN ADDRESS. NO FORWARDING N FILE AT POST OFFICE. Sheriff's Cost Docketing Service Not Found Surcharge Sworn and Subs me this DEFENDANT So answers;,- 18.00 23.04 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 V 56.04 WELTMAN WEINBERG REIS 05/17/2007 ribed to before day of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. DAVID S PENNER Defendant No. 07-2313-CIVIL PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I. D. #47437 WELTMAN, WEINBERG & REIS CO. 1400 KOPPERS BLDG. 436 7TH AVE. PITTSBURGH, PA 15219 (412) 434-7955 WWR#05780912 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 07-2313-CIVIL DAVID S PENNER 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 for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05780912 SWORN TO AND SUBSCRIBED before me this -3 5 day of , 2 08 FRY P Y 3T COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jennifer M. Borowski: Notary Public City of Pittsburgh, Allegheny County My Commission F.xWes Feb. 22, 2012 Member, Pennsylvania Associafkon of Notaries s? t t'r`t w N