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Home My WebLink About08-6490 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff No. 0S-bqw) Civil-rC'. VS. COMPLAINT IN CIVIL ACTION ANGELA M SHULER 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. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6649737 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (US A), NA Plaintiff vs. Civil Action No ANGELA M SHULER 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 (US A), NAis a corporation with offices at 15000 CAPITAL ONE DRIVE RICHMOND , VA 23238 2. Defendant is adult individual(s) residing at the address listed below: ANGELA M SHULER 222 GEARY AVE NEW CUMBERLND, PA 17070 3. Defendant applied for and :received a credit card bearing the account number XXXXXXXXXXXXXXXX4162 4. Defendant made use of said credit card and has a current balance due of $1061.01 , 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 29.200% per annum on.the unpaid balance from May 20, 2008 . A copy of Plaintiffs 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 , ANGELA M SHULER , INDIVIDUALLY , in the amount of $1061.01 with continuing interest thereon at the rate of 29.200% per annum from May 20, 2008 plus costs. James C. WELTMAN, 436 SevE Pittsbu (412) 4 FAX : 4 066497 i rmnroctt, 42524 INBERG & REIS CO., L.P.A. Avenue, Suite 1400 PA 15219 55 8-713.0 N Pit IAS This law firm is a debt collector attemptjnj to collect this debt for our client and any information obtained 1 be used for that purpose. Q-111i01"a1c ' NOT PAYING YOUR DEBT 5=13 1 what's in your wallet? DOESN'T MAKE IT GO AWAY. In fact, even if we report your account as charged off, you'll still be responsible for paying your debt. So why not call us to see what we can do together to keep you from receiving such a serious mark on your credit record? We're here to help. Please contact us to find a solution that's right for you. You can make a payment with our fr= check by phone service or speak to an associate by calling 1.800.955.6600. Make sure you call or pay the amount due on your statement within 30 days to keep your account from being charged off. m 2006 Capita! One Services, Inc. Capital One is a federally registered service mark. All rights reserved 500013-08503 Pnwlous Balance Payments & Credits $673.50 - $0.00 + FINANCE CHARGE Transactions New Balance Minimum Payment Due Date $16.40 + $30.00 = $719.90 $519.90 Jan. 27, 2007 Nov. 28, 2006 - Dec. 27, 2006 Page 1 of 1 ' 7sE RAY AT LIE" Ties AMM M MasterCard Platinum Account Your account is six payments behind. I we charge off your account due to late payments, we will report the 5291.151747014162 charged-off status to several national credit bureaus, and the Purchase APR as reflected on this statement will be applied to all your outstanding balances. Act now to prevent this from happening. Please pay the amount due Your Account Information on your statement or give us a call at 1.800.955.%M. well work with you so you can take control of your TOTAL CREDIT LINE account and start rebuilding your credit with Capital One. $200.00 TOTAL AVAILABLE CREDIT $0,00 CREDIT LINE FOR CASH $200.00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please am reverse for important information) Balance rate Periodic espo Irg FINANCE applied to rate APR CHARGE Purchases $682.38 0.08011% P 29.24% $16.40 Cash $0.00 0.08011% P 29.24% $0.00 ANNUAL PERCENTAGE RATE applied this period: 29.24% ® At Your Service 140041103-M37 To call Customer Reladans or to report a lost or slow card: ® Send payments to: Capital One Bank • P.O. Box 70884 • Charlotte, NC 28272-0884 A Send Inquiries to: Capital One • P.O. Box 30295 • Bea Lake City, UT 84130-0285 "Important Notice" Under the terms we previously disclosed to you, your account is now eligible for an increase in Annual Peroentage Raise (APRs) effective immediately. However, Capital One has elected not to raise your APRs at this time. Please he advised that If you fail to keep your account in good standing, Capital One reserves the right to raise your APRs in the future. Payments, Credits & Adiustments Transactions 1 27 DEC PAST DUE FEE $2900 2 27 DEC CAPITAL ONE MONTHLY MEMBER FEE $1.00 Your account is 90 days past due and your Payment Protection coverage has been suspended. As stated in your Payment Protection agreement, your coverage and monthly charge will be reinstated once your account is no lager 90 days pest due. You may still be eligible for benefits to be paid to your account for loss events described in your Payment Protection agreement. Call Sbnebridge Benefit Services at "88-527-M to see if your situation qualifies for benefits. You were assessed a past due fee 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 for your minimum payment to reach Capital One. MEW- 6056 506 1 7 27.061227 PAGE 1 of 1 OlEC6056 PLEASE RETURN PORTION BELOW WITH PAYMENT /?,ll?,,? I what's in your wallet?* 0 5291151787034162 27 0719900050000519907 Qlliplllftlililil New Balance . Minimum Payment Due Date $719.90 C$519.90 Jan. 27, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed Capital One Bank P.O. Box 70884 Irlrnlllnrrrrlrllnnrll Charlotte, NC 28272-0884 hEIEILrlrnddlrrelneLllLrdrdJrrlrrLEllrrlrrlrElLrrll Account Number: 5291-1517-8703-4162 Please print address or phone number changes below using blue or black ink. Address Home Phone Alternate Phone E-mail address Q s9036253168465963e MAIL ID NUMBER ANGELA M SHULER 75 WINTER LN ENOLA, PA 17025-2156 nrlllunlllunrlelnlnlurlnlurllnlrlullularlrlrlnlnln Please write your account number on your check or money order made payable to Capital One Bank and mail with this coupon in the enclosed envelope. ANGELA M SHULER VERIFICATION CAPITAL ONE BANK (USA), N.A. vs SHULER, ANGELA M 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. TRACY AYLOR Notary Public DAV HENIrr"i't 5291151787034162 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 0o S W 'V o ? C"7 c lli C7 -3 -?1 - rli t = r y 0 a SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06490 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK USA N A VS SHULER ANGELA M 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 SHULER ANGELA M but was unable to locate Her in his bailiwick. l1 .XT T T TTTT C TTe%T-r f1= He therefore returns the the within named DEFENDANT SHULER ANGELA M NOT FOUND , as to 222 GEARY AVENUE NEW CUMBERLAND, PA 17070 PER MOTHER, DEFENDANT MOVED TO 215 EVERGREEN ROAD, NEW CUMBERLAND WHICH IS YORK COUNTY. Sheriff's Costs: Docketing 18.00 Service 18.00 Affidavit .00 Surcharge 10.00 Not Found 5.00 okl/oP -5i.66 Sworn and Subscribed to before me this day of So answers_?- R. Thomas Kline Sheriff of Cumbe land County WELTMAN WEINBERG & REIS 11/06/2008 A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (US A), N Plaintiff vs. ANGELA M SHULER Defendant(s) No. 08-6490 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA ID #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Buidling 436 Seventh Avenue Pittsburgh, PA 1521.9 (412) 434-7955 WWR#6649737 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (US A), N Plaintiff vs. Civil Action No. 08-6490 CIVIL TERM ANGELA M SHULER Defendant(s) PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. rmbrodt, Esquire PA ID 2 4 WELT , WEINBERG & REIS CO., L.P.A. 1400 pers Buidling 436 enth Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR #6649737 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYAVA1 A CIVIL DIVISION c- C CAPITAL ONE BANK (USA), NA r` Plaintiff No. p$_ rya :j n vs. COMPLAINT IN CIVIL ACTION ANGELA M SHULER 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. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6649737 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. ANGELA M SHULER Defendant No. COMPLAINT IN CIVIL ACTION 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. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6649737 IN THE-COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (US A), NIN Plaintiff vs. ANGELA M SHULER Defendant Civil Action No 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 (US A), NAi.s a corporation with offices at 15000 CAPITAL ONE DRIVE RICHMOND , VA 23238 . 2. Defendant is adult individual(s) residing at the address listed below: ANGELA M SHULER 222 GEARY AVE NEW CUMBERLND, PA 17070 3. Defendant applied for and :received a credit card bearing the account nuinber XXXXXXXXXXXXXXXX4162 4. Defendant made use of said credit card and has a current balance due of $1061.01 , 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 29.200% per annum on.the unpaid balance from May 20, 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 , ANGELA M SHULER , INDIVIDUALLY , in the amount of $1061.01 with continuing interest thereon at the rate of 29.200% per annum from May 20, 2008 plus costs. James C. 1 mbrodt,42524 WELTMAN, W INBERG & REIS CO., L.P.A. 436 Sev th Avenue, Suite 1400 Pittsbu gh, PA 15219 (412) 4 4-7955 FAX: 4'2-3 8-713.0 066497 7 N Pit.-. IAS This law firm is a debt collector attempt-n to collect this debt. for be used for that purpose. our client and any information obtained ?,? V. • Cap"alow NOT PAYING YOUR DEBT 500013 What's in your wallet? DOESN'T MAKE IT GO AWAY. In fact, even if we report your account as charged off, you'll still be responsible for paying your debt. So why not call us to see what we can do together to keep you from receiving such a serious mark on your credit record? We're here to help. Please contact us to find a solution that's right for you. You can make a payment with our flee check by phone service or speak to an associate by calling 1.800.955.6600. Make sure you call or pay the amount due on your statement within 30 days to keep your account from being charged off. 0 2006 Capital One Services, Inc. Capital One is a federally registered service mark. All rights reserved 500013-08503 FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date $673.50 - $0.00 + $16.40 + $30.00 = $719.90 $519.90 Jan. 27, 2007 Nov. 28, 2006 - Dec. 27, 2006 Page 1 of 1 PLFA% PAY AT LEAST MS AMOUNT MasterCard Platinum Account Your account is six payments behind. If we charge off your account due to late payments, we will report the Mast 517$70 Latin charged-off status to several national credit bureaus, and the Purchase APR as reflected on this statement will be applied to all your outstanding balances. Act now to prevent this from happening. Please pay the amount due Your Account Information on your statement or give us a call at 1.800.955.67600. We'll work with you so you can take control of your account and start rebuilding your credit with Capital One. TOTAL CREDIT LINE $200.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $200.00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please see reverse for important informal on) Balance rate Periodic Corresponding CHARGE applied to rate APR Purchases $682.38 0.08011% P 29.24% $16.40 Cash $0.00 0.08011% P 29.24% $0.00 ANNUAL PERCENTAGE RATE applied this period: 29.24% 0 At Your Service 1400.9033637 To all Customer Relations or to report a lost or stolen card: ® Send payments to: Capital One (lank • P.O. Box 70884 - Charlene, NC 28272-0884 A Send inquiries to: Capital One • P.O. Box 30285 • Sall Lake City, UT 84130-0285 "Important Notice" Under the leans we previously disclosed to you, your account is now eligible for an increase in Annual Percentage Rates (APRs) effective immediately. However, Capital One has elected not to raise your APRs at this time. Please be advised that if you fail to keep your account in good standing, Capital One reserves the right to raise your APRs in the future. Payments Credits & Adjustments Transactions T-27 DEC PAST DUE FEE $29.00 2 27 DEC CAPITAL ONE MONTHLY MEMBER FEE $1.00 Your account is 90 days past due and your Payment Protection coverage has been suspended. As staled in your Payment Protection agreement, your coverage and monthly charge will be reinstated once your account is no longer 90 days past due. You may still be eligible for benefits to be paid to your account for loss events described in your Payment Protection agreement. Call Stonebridge Benefit Services at 1-888-527-6904 to see if your situation qualifies for benefits. You were assessed a past due fee 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 for your minimum payment to reach Capital One. EN'te -, 6056 506 1 7 27.061227 PAGE 1 of 1 01BC6056 PLEASE RETURN PORTION BELOW WITH PAYMENT 0 5291151787034162 27 0719900050000519907 CaWWO el what's in your wallet?. Account Number: 5291-1517-6703-4162 New Balance Minimum Payment Due Date Please print address or phone number changes below using blue or black ink. $719.90 $519.90 Jan. 27, 2007 Address PLEASE PAY AT LEAST Home Phone Alternate Phone THIS AMOUNT E-mail address Amount Enclosed s903625316114859634, MAIL ID NUMBER ANGELA M SHULER 75 WINTER LN Capital One Bank ENOLA, PA 17025-2156 P.O. Box 701184 17LJIIrrrrJrl01 'll Lrr 11611 111rsrrrl11till rr7111rulir1rlr716rlrtrlr611111rr1 Charlotte, NC 26272-1664 IrrhllrrlrrrLlLrdrrLllLrrLdrlrrlrrLJlrrl„Irrllrrrll Please write your account number on your check or money order made payable to Capital One Bank and mail with this coupon in the enclosed envelope. ANGELA M SHULER VERIFICATION CAPITAL ONE BANK (USA), N.A. vs SHULER, ANGELA M 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., 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 AYLOR Notary Public 5291151787034162 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. Fib D--+ r@E OF THE 2009 JUIR -5 FM 2: 56 CUt, NFi YLVIAN, 41a4. So PA ATT`1 M*%W7 f 458 V* as t, 3a3 f , % IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (US A), N Plaintiff VS. No. 08-6490 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE ANGELA M SHULER Defendant(s) 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#6649737 REA ?O IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (US A), N Plaintiff VS. Civil Action No. 08-6490 CIVIL TERM ANGELA M SHULER Defendant(s) PRAECIPE TO SETTLE DISCONTINUE AND END WITHOUT PREJUDICE TO R.EFILE TO THE PROTHONOTARY OF Cumberland COUNTY: SIR: Kindly settle, discontinue and end without prejudice to refile the above-captioned matter upon the records of the Court and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. C By James C. W mbrodt, Esquire PA I.D. #4 4 WELTMA , EINBERG & REIS CO., L.P.A. 1400 Kop er Building 436 Seve th Avenue Pittsbur , A 15219 (412)4 - 955 SWORN TO AND SUBSCRIBED before me this _A. _day of T?11 y x„2009 NOARY PUB G I4T ?. ?. f l 1. y.. RLED-OFFICE OF THE PPOIH, 4ONRY 2009 JUL 20 PM 2: 4 o CUMBEII-11? pi?.,?'V Lc l IRV t 1 PIN! S LVA I A