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HomeMy WebLinkAbout08-3449IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA (1 Plaintiff No: dg - 3y49 b.,i Term VS. COMPLAINT IN CIVIL ACTION PATRICIA SITES 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 06507702 C N Pit SMI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No PATRICIA SITES 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 (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: PATRICIA SITES 409 1/2 4TH ST NEW CUMBERLND, PA 17070 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXXXXXX8653 . 4. Defendant made use of said credit card and has a current balance due of $1102.54 , as of April 25, 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 28.100% per annum on the unpaid balance from April 25, 2008 . 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 , PATRICIA SITES , INDIVIDUALLY , in the amount of $1102.54 with continuing interest thereon at the rate of 28.100% per annum from April 25, 2008 plus costs. James C. Wa mbrodt,42524 WELT7sbgh, WE NBERG & REIS CO., L.P.A. 436 nth Avenue, Suite 1400 PittPA 15219 (4124- 955 FAX: - 38-7130 0650 C N Pit SMI This law firm is a debt collector attemp?ing to collect this debt for our client and any information obtained will be used for that purpose. ? m N 01 _ s as a C. T se L ? a cr) M s $? ?"$ s A A '0 EE E s ZD a 00 s m 2 ? d 3 ^ °m .2 tY ? N ma m? m O ?a ? (V w as E??F LAALU 0, O) O 2Z ILV ? m N IL M + .!f O O CL N I ? qw M O m n N m ? O a 0 0000 0000 V4 ? fn S N ? U W LL Z Vl ?00o ?mo M ogw? W Q z_ W U¢Jm F F H W Q OOVQ 9 ?E ? E c ? E m E? W W E ?w m m mC5 3 N U ?V ? m r 'E BR aR Na N N e S c3 no N N m? a? °o °o ¦ w . gi lG ? ? ww to ¢ V W d G W ? C >: ? Z 41 r c N Y M O? `o M ? O g m z ru ? ? CO a q H r o u O N m ? r r J °- m LA W c a _ < o O M W c Ol a0 r w 00 O O E o a c oWU?a= 2 ? ^ y rv C M1 H S J r p N = t m W p ?. r ?'ye a L; V o NO N uy rj 6 ? LA JV = Yep /? .O E r m K Z a wasz- ......?.. o - M c g m ? _ z DO y m 5 O o V a y s a C x W o -+ ? 00 ti a k c W N r ; N Jz U a ° - 6 . - 0 0 CD e N „ ? v' E ? m r m _ C u N ; d m I N ? s O v c u m E4LL go ? U E ¢ n? ¢ O W O o k S S N A L C m m D co 1 E 4 9, V d V Q Z VERIFICATION CAPITAL ONE BANK (USA), N.A., successor-in-interest to Capital One Bank vs SITES, PATRICIA 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. LOR Notary Public 5178051888328653 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 4 FO od to ? ? ?;? r CA O SHERIFF'S RETURN - REGULAR CASE NO: 2008-03449 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA N A VS SITES PATRICIA SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SITES PATRICIA the DEFENDANT , at 0852:00 HOURS, on the 14th day of June , 2008 at 409 1/2 4TH STREET NEW CUMBERLND, PA 17070 TIT TTIT!"?TT C'?TTL'?C'? by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge ('1121b ? ?- 18.00 17.00 .00 10.00 .00 45.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 06/16/2008 WELTMAN WEINBER EIS By: Deputy Sheriff of A. D. 1?6. ",),0- S-41-e-ly l?s! 7,-eidi9 i %rs?ic? 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