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Home My WebLink About07-6677v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: 07- Well Civic le m vs. COMPLAINT IN CIVIL ACTION BARBARA C WHARY Defendant 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 06090048 C A Pit LXR I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No BARBARA C WHARY 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 t COMPLAINT 1. Plaintiff, CAPITAL ONE BANK is a corporation with offices at 6851 JERICHO TURNPIKE #190 SYOSSET , NY 11791 . 2. Defendant is adult individual(s) residing at the address listed below: BARBARA C WHARY 4811 DELBROOK RD MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number 5178052209790571 . 4. Defendant made use of said credit card and has a current balance due of $1368.07 , as of October 11, 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 21.150% per annum on the unpaid balance from October 11, 2007 . 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 , BARBARA C WHARY , INDIVIDUALLY , in the amount of $1368.07 with continuing interest thereon at the rate of 21.1500 per annum from October 11, 2007 plus costs. James C Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 e enth Avenue, Suite 2718 Pit sb rgh, PA 15219 (4 2) 434-7955 F 12-338-7130 0 09 048 C A Pit LXR This law firm is a debt collector at e#ting to collect this debt for our client and any information obta?n96 will be used for that purpose. t ellN FREE Aooe/erabr i formseasrte+-a+eo m 1-888-587-9669 Mention Offer Code: COIN Visit www.peoplepc.corr/go/coin aoa UNLIMITED INTERNET ACCESS PeoplePC Online offers the features you would expect from higher-priced Internet Service Providers, including: y ® Virus Protection powered by symantecm ® Pop-Up BlockerTM Spam Controls ® Smarter Smart Dialer Technology ap More Email Addresses dW ( Internet Call Waiting OR 0 I Vrl? a Account S Previous Balance $810.95 Payments, Credits and Adjustments $.00 Transactions $29.00 Finance Charges $14.70 PLATINUM MASTERCARD ACCOUNT 5178-0522-0979-0571 OCT 16 - NOV 15, 2004 Page I of 1 Payments, Credits and Adjustments Transactions 1 15 NOV PAST DUE FEE New Balance $854.65 As a valued Capital One customer, you are eligible to receive a free Year-End Summary that recaps Minimum Amount Due $854.65 your 2004 charges Please call 1-877-794-4487 before December 12, 2004, to reserve your copy. All Payment Due Due December 15, 2004 orders will be processed between January 15 and February 28, 2005. As long as this benefit is available for your account, you must call in each year in order to receive a Year-End Summary. You Total Credit Line $325 will be notified in your statement on how to opt in for your Yea-End Summary. Total Available Credit $.00 Credit Line for Cash $325 You were amassed a past due fee of $29.00 on 11/15/2004 because your minimum payment was not Available Credit for Cash $.00 received by the due date of 11/15/2004. To avoid this fee in the fimre, we recommend that you allow at least 7 business days for your payment to reach Capital One. At your service To call Cwtomer Relations of to report a loot w stoles cu%L 1-800-903-3637 Send payments to: Send inquiries to: Attn: Remittance Processing Capital One Service Capital One Services P.O. Box 85147 P.O. Box 85015 Richmond, VA 23276 Richmond, VA23285-5015 Important Account Information We would like to take this opportunity to inform you that we may report information about your account to credit bureaus. The reporting of your account information to credit bureaus contributes to your overall credit profile. Laze payments, missed payments or other defaults on your account may also be reflected in your credit report. EXHIBIT $29.00 Finance Charges Pkaaseerevmesidefrimfartantinfimmaim c-, " M ,./ Tr-,rJm s R . I1 N PURCHASES 577412 .05795%P 21.1591 $13.92 0 CASH $43.21 .05795%P 21.15% $.78 ANNUAL PERCENTAGE RATE applied this period 21.15% PLEASE RETURN PORTION BELOW WITH PAYMENT ?t1ea 0000000 0 5178052209790571 15 0854650075000854658 New Baht ioe $854.65 Minimum Amount Due $854.65 Payment Due Date December 15, 2004 Total enclosed $ Account Number. 5178-0522-0979-0571 PI-P-1 sailing-1&- mr1/ar a-sail dd z. h ben usned 6ba w btmt eri sneer APL + City sume ZIP Home Phone Alternate Phone #9032131889616922# MAIL ID NUMBER Capital One Bank ! BARBARA C WHARY P.O. Box 85147 4807 VIRGINIA RD Richmond, VA 23276 MECHANICSBURG PA 17050-3075 Please smite yore account number m yore dierk a money order stile payabk to Capritd One B=1 and nail in the encased enmdopc peoplepc- online A better way to Internet. r VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is (NAME) Of C 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) WWR# 6 c-j _ - n 30 '`° ' f31 ? CIO SHERIFF'S RETURN - REGULAR CASE NO: 2007-06677 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS WHARY BARBARA C DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WHARY BARBARA C the DEFENDANT , at 1938:00 HOURS, on the 13th day of November-, 2007 at 4811 DELBROOK ROAD MECHANICSBURG, PA 17050 TIM WHARY, HUSBAND by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge/ _ ? A' `y Sworn and Subscibed to before me this of So Answers: 18.00 11.52 .00 10.00 R. Thomas Kline .00 39.52 11/14/2007 WELTMAN WEINBERG REIS By: day Deputy Sheriff A.D. r r ?C THE P 20 10 JAI' 27 PH 3: %2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. BARBARA C WHARY Defendant(s) No. 07-6677 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, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR#6090048 SJS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 07-6677 CIVIL TERM BARBARA C WHARY Defendant(s) PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF Cumberland COUNTY: SIR: Kindly settle, discontinue and end without prejudice to refile the above-captioned matter upon the records of the Court and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. Warm t, Esquire PA I.D. #42524 WELTMAN, EI BERG & REIS CO., L.P.A. 1400 Koppers ui ing 436 Seventh ve ue Pittsburgh, P 5219 (412) 434-7 SWORN TO AND SUBSCRIBED before me this \3 day of -St .2201110 7r ? Gk?e'v1l,E TARY PUBLIC COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sheila G. Bevan, Notary Public City Of Pittsburgh, Allegheny County My Commission E)ires Nov. 15, 2010 Member. Pennsylvania Association of Notaries