The URL can be used to link to this page

Home My WebLink About08-4501IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), N.A Plaintiff VS. DUSTIN L HUNTER Defendant No : 041- VVI TAM COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, ,aEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 06742163 C N Pit SMI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), N.A Plaintiff VS. Civil Action No DUSTIN L HUNTER 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), N.Ris a corporation with offices at 15000 CAPITAL ONE DRIVE RICHMOND , VA 23238 . 2. Defendant is adult individual(s) residing at the address listed below: DUSTIN L HUNTER 257 ALLEN RD CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXXXXXX2465 . 4. Defendant made use of said credit card and has a current balance due of $2925.63 , as of June 10, 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 25.900W per annum on the unpaid balance from June 10, 2008 . 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 , DUSTIN L HUNTER , INDIVIDUALLY , in the amount of $2925.63 with continuing interest thereon at the rate'of 25.900% per annum from June 10, 2008 plus costs. James C. armbrodt,42524 WELTMAN W NBERG & REIS CO., L.P.A. 436 Sev nth venue, Suite 1400 Pittsb rgh, A 15219 (412) 434-79 5 FAX: 12-33 -7130 0674 163 C N Pit SMI This law firm is a debt collector attem tin to collect this debt for our client and any information obtained w' 1 be used for that purpose. Law Offices of Weltman, Weinberg & Reis Co., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 June 10, 2008 RE: CAPITAL ONE BANK (USA), N. vs. DUSTIN L HUNTER COURT #: TO THE SHERIFF OF CUMBERLAND COUNTY: PLEASE SERVE THE DEFENDANT(S) AT THE FOLLOWING ADDRESS(ES): DUSTIN L HUNTER 257 ALLEN RD CARLISLE, PA 17013 Please confirm service by sending notice to: WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 06742163 C N Pit SMI FINANCE Previous Balance Payments & Credits C HARGE Transactions New Balance Minimum Payment Due Date $2,359 73 - $0 00 + $49 18 + $39 00 = $2,447 91 $447 91 Nov 03, 2007 Sep 11, 2007 - Oct 09, 2007 Page 1 of 1 PLEASE PAY AT (FAST TIC AMaAT Platinum Account Your eomunl is gz payments behind If we charge o8 your account due to late payments, we will report the 6246596.2485 charged-off status to several national credit bureaus, and the Purchase APR as reflected on the statement wig be applied to all your outstanding balances Act now to prevent the from happening Please pay the amount due Account Information r on your statement or give us a call at 1606 955. MIX) well work with you so you can take oorhmc of your TOTAL CREDIT LINE $2,000 00 account and start rebuilding your credit with Capital One L AVAILABLE CREDIT $0 00 IT LINE FOR CASH $2,000 00 you, your account now eligible for an c a se I M ? ge R? ( Rs s m ft ? d d AVAILABLE CREDIT FOR CASH $0 00 not a y a r n ? P ta n ? e ? ve e aping One has elected to ing r APRs at this time Please be advised that d you fah to keep your account in good standing Capital One ne reserves , , the right to raise your APRs in the future Finance Charges (Please see reverse for important information) Balance rate applied to P rate Conr AP ?R dig CHARGE Payments, Credits & Adiustmerrts Purchases $2,390 05 0 07096% 2590% $4918 Cash $0 00 0 07096% 25 90% $000 Transactions ANNUAL PERCENTAGE RATE applied this period. 25.99%. 1 05 OCT PAST DUE FEE $3900 Q At Your Sevin 141WO55.7070 To call Customer Relakie a to report a bat or stolen cad ® Send payments to. Capital One Bank P 0 Box 70884 Charlotte, NC 28272-08M A Serb Inquiries to. You were assessed a past due fee bemuse your mnmuin payment was not received the due date To avoid caries! One P 0 Box 30285 Salt Lake City, UT 84130-0285 this fee in the future, we recommend than you allow at least 7 business days for your mmmum ® Capital One payment b reads Have a question about a charge on your statement? Please refer to the Billing Rights Summary on the back of your statement or mail www.martalone com/drsioutes. 506 1 07 9 071009 PAGE 1 of 1 OIDM6056 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO W W W CAPITALONE COM TO MAID= YOUR PAYMENT ONLINE ? 0 4862362465962465 09 2447910056000447911 ?ay,,?st I what's in your wallet?° Q ea New Balance Minimum Payment Due Date $2,447 91 $447 91 Nov 03, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed Capital One Bank P.O. Box 70884 Charlotte, NC 28272-08b4 Account Number. 4862-3624-6596-2465 Please print address or phone number changes below using blue or black ink Address Home Phone Alternate Plane E-mail address #9028397037597514# MAIL ID ca) NOMBER DUSTIN L HUNTER 476 STONEHOUSE RD CARLISLE, PA 17D3,5-9448 6742163 Please write your account number on your check or money order made payable to Capital One Bank and mall with this coupon in the enclosed envelope .F A VERIFICATION CAPITAL ONE BANK (USA), N.A. vs HUNTER, DUSTIN L 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., 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. 'e?- TRACY TAYLOR Notary Public 4862362465962465 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. ? V ya ? J.,. , fi r 1 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04501 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK USA NA VS HUNTER DUSTIN L 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 HUNTER DUSTIN L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT , HUNTER DUSTIN L 257 ALLEN ROAD NOT FOUND , as to CARLISLE, PA 17013 PER CURRENT RESIDENT, DEFENDANT HAS NOT LIVED AT GIVEN ADDRESS FOR AT LEAST 2 YEARS. Sheriff's Costs: So answe Docketing 18.00 Service 5.00 Not Found 5.00 R. T o s Kline Surcharge 10.00 Sheriff of Cumberland County .00 ,?I og1o /fir' ? 3 8 . 0 0 WELTMAN WE INBERG RE I S 08/05/2008 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 (USA), N.A. Plaintiff vs. DUSTIN L HUNTER No. 08-4501 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE 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#06742163 L IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), N.A. Plaintiff vs. Civil Action No. 08-4501 CIVIL TERM DUSTIN L HUNTER 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 PI iff 1400 Koppers uilding 436 Seventh nue Pittsburgh, P5 5219 (412) 434-.7q q WWR#067 3 SWORN TO AND SUBSCRIBED before me this f day of -FEBRUARY , 2009 N ARY PM[IC cOMMONVA&TH OF PENNSYI W "M mmWer w SMOAM. Notary pieft ?nb OAMM22.2012 v U l l V7?_T t cg