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Home My WebLink About08-5078 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), N.A Plaintiff No: VS. COMPLAINT IN CIVIL ACTION JEFFREY B WEISER 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 06684873 C N Pit TSW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), N.A Plaintiff VS. Civil Action No JEFFREY B WEISER 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.A 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: JEFFREY B WEISER 7073 CARLISLE PIKE LOT147 CARLISLE, PA 17015 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXXXXXX3210 . 4. Defendant made use of said credit card and has a current balance due of $1270.13 , as of July 11, 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 18.4001 per annum on the unpaid balance from July 11, 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 , JEFFREY B WEISER , INDIVIDUALLY , in the amount of $1270.13 with continuing interest thereon at the rate of 18.4001 per annum from July 11, 2008 plus costs. James C. WELTMAN, 436 Sev Pitt sb (412) 3 FAX: 12 0668 873 armbrodt,42524 EINBERG & REIS CO., L.P.A. Avenue, Suite 1400 PA 15219 7955 338-7130 C N Pit TSW This law firm is a debt collector attem t'ng to collect this debt for our client and any information obtaine ill be used for that purpose. FINANCE Previous Balance Payments& Credits CHARGE Transactions New Balance Minimum Payment Due Data $781 67 - $0 00 + $0 00 + $66 02 = $847 69 $97 69 May 19, 2007 Mar 20, 2007 - Apr 19, 2007 Page 1 of 1 11615E FAY AT LFAST Tres a Al MasterCard Platinum Account 517&0572.5044.3210 Your Account Information TOTAL CREDIT LINE $75000 TOTAL AVAILABLE CREDIT $000 CREDIT LINE FOR CASH $75000 AVAILABLE CREDIT FOR CASH $000 Finance Charges (Reese see reverse for Important shon) Balance rate P96M C Correepondng CH ROE appled to rate AAPPRR Purchases $0 00 0 00000% 000% $000 Cash $0 00 0 05477% P 1999% $000 ANNUAL PERCENTAGE RATE applied this period. 0.00% ® At YourService1.800.003.3837 To ose Customer Ralalonsarto report a bat or stilm cad ® Send payments to. Capital One Bank P 0 Box 70884 CharMb, NC 28272-M A SeridingWrinto. Capital One P 0 Bar 30285 Sea Lake City, UT 84130-0265 Your account 1s one payment behind Remember that making your mnenum payments by the due date keeps your account in good slerhdng Fuller messed payments may be reported to the national credit bureaus So make sure you send in the maintain amount due to keep your account in good standing Payments, Ctedlts & Adiustlllenls Transactions 1 19 APR PAST DUE FEE $29 gg 2 19 APR PAYMENT PROTECTION I-NO-527 M $802 3 19 APR OVERLIMIT FEE APR 19, 2007 $2900 Thank you for enresng in Capital One's Payment Protection plan Your fee wd be conveniently billed to your Capital One credit card based on your mon0l-endmg account balance if you have any queshons, please call the ahnorlter service number Ia ed in the transactions section of your statement. You were assessed a past due tee because your minimum payment was not received by the due date To avoid this fee in the future, we recommend that you allow at least 7 business days far your minimum payment to reach Capital One 6056 506 1 7 19 070419 PAGE 1 of 1 01BC6056 PLEASE RETURN PORTION BELOW WITH PAYMENT !?',,. l what's in yourwalietT ;3210 19 0847690000000097697 t1?ra; Account Number. 5178-0572-50443210 New Balance Minimum Payment Due Date Please prat address or plane number changes below using blue our black ink $847 69 $97 69 May 19, 2007 Address i nu wwumv i Amount Enclosed Home Phone A#emate Phone E-mead address #9011095294033871# NAIL ID NENSER JEFFREY B WEISER 7073 CARLISLE PIKE LOT232 CARLISLE. PA 17013 Capital One Bank 70 P.0-801C664 Charlotte. NC 25272-0854 N111111111111111111111 till 111111111111111111 life '111111111111 u111111/111nuu11pill 6684873 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 I VERIFICATION CAPITAL ONE BANK (USA), N.A. vs WEISER, JEFFREY B 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, ARYONNE MABSON, 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. ARYONNE MABSON Notary Public '1`S -.101A M `/0N1NIi"*'1'! ttA rA?b• 4 Y! ,.'e)r.?.F 6."5 5178057250443210 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. t?j a C? C- LI1 C k') G SHERIFF'S RETURN - NOT FOUND 3CASE NO: 2008-05078 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK USA NA VS WEISER JEFFREY B 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 WEISER JEFFREY B but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , , NOT FOUND , as to the within named DEFENDANT , WEISER JEFFREY B 7073 CARLISLE PIKE LOT 147 CARLISLE, PA 17015 PER POST OFFICE, DEFEDANT MOVED AND LEFT NO FORWARDING. Sheriff's Costs: Docketing Service Not Found Surcharge ;Ll"loy, So answer 18.00 ?? 10.00 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 43.00 WELTMAN WEINBERG REIS 09/17/2008 Sworn and Subscribed to before me this day of A. D. I ai IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) N.A. Plaintiff No. 08-5078-CIVIL TERM vs. JEFFREY B WEISER Defendant PRAECIPE TO DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I. D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6684873 1c IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) N.A. Plaintiff vs. JEFFREY B WEISER Defendant Civil Action No. 08-5078-CIVIL TERM PRAECIPE TO DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR: 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: 4/-- Attorney for Plaintif?- 2718 Koppers Bui ding 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6684873 SWORN TO AND SUBSCRIBED before me this 15TH 4 of APR 2009 4R olf APR 20009 i COMMQMWEAL TH F PENNSYLVANIA Notarial Seel Jennifer M. Borowski, Notary Public City of Pittsburgh, Allegheny County My Commission Expires Feb. 22, 2012 Member, PermsylVOIn AssoclaUon of NoWft }-? r 3 5. ? ..