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HomeMy WebLinkAbout08-2936IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: D$" Igz(v 0-iVil --Twrp% VS. MATTHEW J MURPHY COMPLAINT IN CIVIL ACTION Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD O THIS PARTY: James C. Warmbrodt, 2524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 06398623 C N Pit AB 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. MATTHEW J MURPHY Defendant Civil Action No .Q 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 s 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 ONC IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHON THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFI E MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO F E. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, CAPITAL ONE BANK (USA),NA is a corpo at 15000 CAPITAL ONE DRIVE RICHMOND , VA 23238 . 2. Defendant is adult individual(s) residing at the below: MATTHEW J MURPHY 222 HERMAN AVE LEMOYNE, PA 17043 3. Defendant applied for and received a credit card account number XXXXXXXXXXXXXXXX3599 . 4. Defendant made use of said credit card and has a due of $2277.74 , as of April 08, 2008 . ion with offices ss listed ing the t balance 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 29.200% per annum on the unpaid balance from April 08, of Plaintiff's STATEMENT is attached hereto, marked a: made a part hereof. at the rate of 2008 . A copy Exhibit 111" and 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance d e to Plaintiff. Wherefore, the Plaintiff prays for judgment in its favor and against Defendant , MATTHEW J MURPHY , INDIVIDUALLY , in the amount of $2277.74 with continuing interest thereon at the rate of 29.200% per annum from April 08, 2008 plus costs. James C. Wa mbrod WELTMAN' WE NBERG 436 Se ent Avenu Pitts rg , PA 1 (412) 43 -7955 FAX: 4 -338-7130 063 8 3 C N Pit 1,42524 & REIS CO., L.P.A. Suite 1400 5219 kBR This law firm is a debt collector attefivpting to colle t this debt for our client and any information obtained will be used or that purpose. J _ nron 6? o ro =W z !b -40 0 xm nmm A N -m N = N O m. 016895 N11111111 rNt? N a ?Ny?C gp ?-1 ?o - Y340 'L3 t+q?m o ro ? = A ? N W N r a. - W Y! q? M r R ? O O ? O c z2 V ? oH ° z N A n O. O O f A ? N W S W ? ¢ z 3 J !C V 0 ? A A 3 W i W $ J ,88965 g U 4 S 7e' A Y Y err dig aZ s g -e N 14" ? o gs A 8 51 VERIFICATION CAPITAL ONE BANK (USA), N.A., successor-in-interest to Capital One Bank vs MURPHY, MATTHEW J The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities, that he/she is, TRACY TAYLOR, Authorized Agent, of CAPITAL ONE BANK (USA), N.A., successor-in-interest to 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. AYLOR No is JAMELA SINGLETARY NOTARY PUBLIC GEORGIA, DEKALB COUNTY MY COMMISSION EXPIRES NOV 4, 2011 5178052460423599 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. W VI 7MV O W .C D u3 b C m ^T ? g 00 1?u.. co ?? 0 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-02936 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK USA NA VS MURPHY MATTHEW 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 MURPHY MATTHEW J but was unable to locate Him in his bailiwick. He therefore returns the the within named DEFENDANT 222 HERMAN AVE MURPHY MATTHEW J NOT FOUND , as to LEMOYNE, PA 17043 PER POST OFFICE, DEFENDANT MOVED TO 16227 TRENTON RD UPPER CO, MD 21155. Sheriff's Costs: Docketing 18.00 Service 16.00 Not Found 5.00 Surcharge 10.00 / Ic/6'/ ?1, v 49-000, So ar rs : fqs/ Thomas Kline -' Sheri of Cumberland County ;\WEL MAN WEINBERG REIS 05/15/2008 Sworn and Subscribed to before me this day of A. D. f C) t J rro ? -7) (1 _ -•- - -? ni- _ .?+ N .5 CO -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: 08- aq-N. Civi l -errn VS. MATTHEW J MURPHY 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 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 06398623 C N Pit ABR ? IE COPY FROM RECORD A Teshmorty whereof, I two unto set"hand ,ind t" mW of said Cow at Cadl*, Pa. ...?? ,008 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No MATTHEW J MURPHY 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 (USA),NA is a corporation with offices at 15000 CAPITAL ONE DRIVE RICHMOND , VA 23238 . 2. Defendant is adult individual(s) residing at the address listed below: MATTHEW J MURPHY 222 HERMAN AVE LEMOYNE, PA 17043 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXXXXXX3599 . 4. Defendant made use of said credit card and has a current balance due of $2277.74 , as of April 08, 2008 . 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 29.20001 per annum on the unpaid balance from April 08, 2008 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 11111 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 , MATTHEW J MURPHY , INDIVIDUALLY , in the amount of $2277.74 with continuing interest thereon at the rate of 29.200% per annum from April 08, 2008 plus costs. James C. Wa mbrodt,42524 WELTM??T, WE NBERG & REIS CO., L.P.A. 43G Se ent Avenue, Suite 1400 Pitts rg PA 15219 (412) 43 -7955 FAX: 4 -338-7130 OG3 8 3 C N Pit ABR This law firm is a debt collector atte?6ting to collect this debt for our client and any information obtained will be used for that purpose. J o - nron ° ? w oro z ?_ r R R O r X p J .Z O CD - zm - nmm a ?a N a N N ? O V m 9D y 50 N NN 016895 ?IIIIIII?I rNZ? 3 N y ? N m ocaro ? r t., a - ? o W ? - z c ? = z Q A O ?^ O 'O V ? C] o a o N CD CD c X V 0 OO 0 ? z N r m a` o ? o £ N f '3 w N O ? r W a w a ? " OND N f R C?2 b I 168955 bb S? 6` I O N M It ?C gN 6S 6? 8.? b as A C Uo ~° 1? aAo o: ;vC2 YHb? a A w n ' O` GaG AC o vs ? a O ?? r My? yry N N min In u> A N X l' 8 az ? 20R, A N .I m e w C• a C `a ?? ?a ? l; Ft v a a ? '$ O? to .p 0. a ? ? 7 T ? a A z o R ' ti O C ? o ^ +7 E 3 5 0 o Ga .., b c .. ?N ? W M vi ?n g g «+ d• VERIFICATION CAPITAL ONE BANK (USA), N.A., successor-in-interest to Capital One Bank vs MURPHY, MATTHEW J 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 (USA), N.A., successor-in-interest to 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. TRACttAYLOR Not b is lvlY GJ?4?'t.?Lr . , .. . ... r•n " ?`lt/ 4.2Q1? 5178052460423599 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No.: 08-2936 CIVIL TERM vs. PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE MATTHEW J MURPHY Defendant 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 WWR#6398623 r1 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No.: 08-2936 CIVIL TERM MATTHEW J MURPHY 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 )n' tiff 1400 Kopp rilding 436 Seve h nue Pittsbur , P219 (412) 4 4-79SWORN TO AND SUBSCRIBED before me this ) day of , 2008 NO ARY C !?°f_Vr Wcr_y ry e. ?ypublic Cit OfPt::? , _:;enyCounty y ,? 2010 P9y Commis- Y°n yuiy , ution of Notaries pennz;yiv ni t+s'3^ ci member, ? f ?' y