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Home My WebLink About07-6985t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintif f No : 01- (pq% 0_ iv: t t4 VS. JAMES J HARDY COMPLAINT IN CIVIL ACTION 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 06180468 C N Pit LXR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No JAMES J HARDY 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 1 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: JAMES J HARDY 1808 SAINT CLAIR RD NEW CUMBERLND, PA 17070 3. Defendant applied for and received a credit card bearing the account number 5291151712338183 . 4. Defendant made use of said credit card and has a current balance due of $1197.37 , as of October 18, 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 28.4900 per annum on the unpaid balance from October 18, 2007 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1" and made a part hereof. I 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 , JAMES J HARDY , INDIVIDUALLY , in the amount of $1197.37 with continuing interest thereon at the rate of 28.490% per annum from October 18, 2007 plus costs. James C. Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 ev nth Avenue, Suite 2718 Pit sb rgh, PA 15219 (4 ) 34-7955 F 12-338-7130 06 8 468 C N Pit LXR This law firm is a debt collector att ting to collect this debt for our client and any information obtai d will be used for that purpose. t ., I NOT PAYING YOUR DEBT 01% DOESN'T MAKE IT GO AWAY. In fact, even if we report your account as charged off, you'll still be responsible for paying your debt. So why not call us to see what we can do together to keep you from receiving such a serious mark on your credit record? We're here to help. Please contact us to find a solution that's right for you. You can make a payment with our free check by phone service or speak to an associate by calling 1.800.955.6600. Make sure you cal or pay the amount due on your statement within 30 days to keep your account from being charged off. ® 2006 Capttad One Services, Inc. Capital One is a federally m9isumd,,mice nark. All right, reserved 058-07754 size' I what's in your wallet?' JAMES J HARDY Clow. Amount rr+ev otts twain" $709.99 Payments, Credits and Adjustments 00 Transactions $29.00 F-mar" Charges $16.81 New Balance $755.69 l4f rLmurt Am:.unt D:e $755.69 Payment Due Daze June 06, 2006 Total Credit Line S400 Total Avatable Credit $,00 Credit Line for Cash $400 Available Credit for Cash $.00 Atvourservice To an Customer Relations or to report a tort or stolen std: 1-800-903-3637 For free online aoootmt sernae and special astomer offers, log on to www apimlonnomn Send p"anu to: Send ioquities to: Attn: Rer itunee Processing Capital One Bank Capital One P.O. Box 790216 P.O. Box 30285 St Louis, MO 63179-0216 SLC, UT 84130-0285 PLATINUM MASTERCARD ACCOUNT 5291-1517-1233-8183 Payments, Credits and Adiustments APR 07 - MAY 06, 2006 Page 1 of 1 Transactions 1 06 MAY PAST DUE FEE $29.00 `'cur :scoimt S ck p yineats behind. f ,ce charge ofl yoL. account :lac to late payment-, we will rc-r>r t'tw ro wverai national redis_ bunau< which may haw a "crior_ts impac, On Yo;a c edit record. rid now to Prevent diS 'r.:nt happening. ?lease pay the am- mnt d,ir or your s.Kerr«rt nr gin- US $ ca l at 'We tl r •or Vith levt: w y vu ,.era take comet l of; o: Cap :rd One. :uxount anal 4;t& -t rCbuild;rg }rocr cmfit. You were assessed a past due fee of $29.00 on 05/06/2006 because your minimum payment was not received by the due date of 05/0612006. To avoid this fee in the future, we recommend that you allow at least 7 business days for your payment to reach Capital One. taCHIBIT I Finance Cha%" Pkwimrever.Fe r jor i mportant s n lo r »r ation ? rde wdte Persalr Co^*?d ? l ( ? V & ? e CASH PURCHASES $463.84 sa I:riAK .07MLWP 28.49% $10.86 $254.12 .0780.5%P 28.49% $5.95 ANNUAL PERCENTAGE RATE applied this period 28,49% V PLEASE RETURN PORTION BELOW WITH PAYMENT V CapitaloW- 0000000 0 5291151712338183 06 0755690045000755697 New Balance V55.69 Minimum Amount Due $755.69 Papmmi Due Dare Junc 06. 2006 Total enclosed $ Aowuttt Number: 5291-1517-1233-8183 Capital One Bank P.O. Box 790216 Itlulsnllrlrlilwll St. Louis, MO 63179-0216 IJletttllerttllhttlldt?IL???rLltrdltllt??talld6?hJd Ne"prnrt-air-rgelirsr Md'sr r-mails i rkm m VMw orAwk f & Street Apt / a+tr Snee ZIP Home phone Almoste Phm FMulAddreu #9012708787471056# MAIL ID NUMBER JAMES J HARDY r 615 WYNDAMERE RD a? ETTERS PA 17319 ° = Itt,lllt„larnttttnltltrlrletl ?(SA,W -11-e tsn e_ rsa a---t -sandier on yvsv,beck or -oney ordn -adrpayabk to Capital One Bank andmad in thr enclared emselope. t VERIFICATION CAPITAL ONE BANK vs HARDY, JAMES J 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, 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. Notary Public 5291151712338183 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. RACY TA - Z;l ° Ti n o ,r a 7 _o SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-06985 P i COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK VS HARDY JAMES J 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 HARDY JAMES J but was unable to locate Him in his bailiwick. rr?nrt T-IT T TATT r TTPIT T I-= He therefore returns the the within named DEFENDANT , HARDY JAMES J 1808 SAINT CLAIR ROAD NOT FOUND , as to NEW CUMBERLAND, PA 17070 PER LANDLORD, DEFENDANT MOVED TO LITITZ. Sheriff's Costs: So answers- Docketing 18.00 Service 17.28 Not Found 5.00 R. Thomas Kline Surcharge ^ 10.00 Sheriff of Cumberland County .00 50.28 WELTMAN WEINBERG REIS ??? 12/04/2007 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. JAMES J HARDY Defendant No. 07-6985 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#06180468 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 07-6985 CIVIL TERM JAMES J HARDY 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 2718 K 436 S Pittsb rc (412 43 before me this City Of Nit(snurc - ! - ' t My Member, P'n .. y , ,^ aintiff Building A 15219 955 80468 SWORN TO AND SUBSCRIBED Ca ? fT7 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. ----------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) one- (Plaintiff) VS. (Defendant) No. ?_` ?C? Civil -L0 0-1 ISL 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to ca?l.aint, etc.): +? O? pn Qr c?UY`nMCt..? -SUc/ W-W 2. Identify counsel who will arque case: ?axYvw\ ? " ?j IW'v e Sit . +veitman, Weinberg & Reis Co. (a) for plaintiff : 1400 Koppers Bldg. Aaaress: 436 7th Ave. Pittsburgh, PA 15219 (b) for defendant : (412) 434-7955 Address : fvv0A4 ?kZ?m On ` !( Z"S- LDYIc , PA k--461 3. I will notify all parties in writing within two days that this case bas been listed for argument. 4. Argument Court Date : L ??? 3rd, woo RED-C', S=ri OF THE ?'," r r ^ r Y 2099 APR 20 29 -T il ?A I ? t S tti r? 6 c" N'