Loading...
HomeMy WebLinkAbout08-4455 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BA14K (USA),NA Plaintiff No: OS- ??15Jr l..ivi1 term vs. COMPLAINT IN CIVIL ACTION RUTH E BUCHER Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 435 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 06385080 C N Pit IAS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No RUTH E BUCHER 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: RUTH E BUCHER 113 2ND STREET POB 314 BOILING SPRINGS, PA 17007 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXXXXXX1511 . 4. Defendant made use of said credit card and has a current balance due of $2442.72 , as of May 20, 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 25.9009.- per annum on the unpaid balance from May 20, 2008 A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit '1111 and made a part hereof. 7. Although repeatedly requested to dc5 '=o (;y 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 , RUTH E BUCHER , INDIVIDUALLY , in the amount of $2442.72 with continuing interest thereon at the rate of 25.900% per annum from May 20, 2008 plus costs. James Warmbrodt,42524 WELTM ;; WEINBERG & REIS CO., L.P.A. 436 S _v' .th Averse, Suite 1.400 Pitt bu 9 PA 15219 (41 ) 4 4-7955 F 4 2-338-7130 06 85 80 C N Pit !AS This law firm is a debt collector att/e tin.g to collect this debt for our client and any information obtaiteA will be used for that purpose. Z. a ti U d o?E o Ri g N o ? $F W v, vi F oa i?aMt+?yy) 8?8 I N ? M? N N$ ^N" N M 91 A i U IQU Fm z -•F?< Q §M? M b- x W S N I CW7 O a O M r O O O N O O Ol O r u z ON ? T r d ? F r 3 00 3 0• o ? m ? Z N O ? Z N a ? O a O Ll O O a C ? O L C - ?. M M O = a r 0 0 r ae •' - o - ro w N F rJ -_ N 91 a2i _ SUE W n m m W o m n a z ., m ?? O ro M H of imm - 1111111II 1+96900 ro- N n N r? N mroo - o? r 0 m o a ° - a n ® u a - 3 Z +? btu Jam r VERIFICATION CAPITAL ONE BANK (USA), N.A., successor-in-interest to Capital One Bank vs BUCHER, RUTH E 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 (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. TRACY OR Notary Public SHARON REUBENS NOTARY SEAL DEKAIB COUNTY GEORGIA MY COMMISSION EXP OCTOBER 16 2011 5291152546981511 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. n r?j ^1 ra y SHERIFF'S RETURN - REGULAR CASE NO: 2008-04455 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA N A VS BUCHER RUTH E RONALD E HOOVER Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE BUCHER RUTH E DEFENDANT , Sheriff or Deputy Sheriff of was served upon the at 0012:38 HOURS, on the 28th day of July , 2008 at 113 2ND STREET BOILING SPRINGS, PA 17007 TOM RODGERS by handing to BROTHER OF DEFENDANT 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 7)b1,012 So Answers: 18.00 5.00 .00 10.00 R. Thomas Kline .00 33.00 07/29/2008 WELTMAN WEINBERG & REIS Sworn and Subscibed to before me this day Deputy Sheriff of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. No. 08-4455 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITH PREJUDICE TO REFILE RUTH E BUCHER 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#6M 90%a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 08-4455 CIVIL TERM RUTH E BUCHER Defendant PRAECIPE TO SETTLE DISCONTINUE AND END WITH PREJUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR: Settle, Discontinue and End the above-captioned matter upon the records of the Court prejudice to refile and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: - Attorney for 2601 Kopp 436 Seve tl Pittsbur , 1 (412) 4 4-7' SWORN TO AND SUBSCRIBED before me this44^day of aintiff Building venue 15219 COMMONWEALTH OF PENNSYLVANIA Gault Notary Public :Pennsyl otarial Seal City urgh, Allegheny County My con Expires July 15, 2010 Member, vania AssoClatlon o/ Nota rlss NOTARY G , - n ' ?, _, ?'? -c, ?? ??f.? Q ?, ?? ? ..? „?:, C,J? f ^F- . y., R. . _f ? ?.