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HomeMy WebLinkAbout08-7535 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: 09 - 17535 0-,4- V it ter'' vs. TAMMY L DAMRON Defendant COMPLAINT IN CIVIL ACTION 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 07019795 C N Pit REA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. TAMMY L DAMRON Defendant COMPLAINT You have been sued in cou claims set forth in the follow twenty (20) days after this co a written appearance personall with the court your defenses o against you. You are warned t proceed without you and a judg court without further notice f for any other claim or relief money or property or other rig Civil Action No NOTICE TO DEFEND vk-7S35 oz/d t. If you wish to defend against the ng pages, you must take action within plaint and notice are served, by entering or by an attorney and filing in writing objections to the claims set forth at if you fail to do so the case may ent may be entered against you by the r any money claimed in the complaint or equested by the plaintiff. You may lose is 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 INFORMATIO ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS A A REDUCED FEE OR NO FEE. LAWYER CUMBERLAND 32 SOU (71 EFERRAL SERVICE UNTY BAR ASSOCIATION BEDFORD STREET SLE, PA 17013 7) 249-3166 1. Plaintiff, CAPITAL ONE BAN (USA),NA is a corporation with offices at 15000 CAPITAL ONE DRIVE RICHMOND , VA 23238 . 2. Defendant is adult individ al(s) residing at the address listed below: TAMMY L DAMRON 5337 OXFORD CIR APT 66 MECHANICSBURG, PA 17055 3. Defendant applied for and account number XXXXXXXXXXXX681 eceived a credit card bearing the 4. Defendant made use of said credit card and has a current balance due of $1246.44 , as of Octobe 28, 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 t 27.100W per annum on the unpai of Plaintiff's STATEMENT is at made a part hereof. e addition of interest at the rate of balance from October 28, 2008 . A copy ached hereto, marked as Exhibit 111" and 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, TAMMY L AMRON, INDIVIDUALLY, in the amount of $1246.44 with continuing interest thereon at the rate of 27.100° per annual from OCTOBER 28, 2008 plus costs. JaWarmbrodt, 42524 WEWEINBERG & REIS CO., L.P.A 43th Avenue, Suite 1400 Pih, PA 15219 (4-7955 FA 338-7130 WW/)070219795 This law firm is a debt colle?tor attempting to collect this debt for our client and any information obtained will be used for that purpose. FINANCE Previous Balance Payments & Credits CHARGE C$901 24 - $0 00 + $20 70 Nov 06, 2007 - Dec 05, 2007 Page 1 of 1 Via Platinum Account 488Y-3672-07"12 Your Account Information TOTAL CREDIT LINE $50000 TOTAL AVAILABLE CREDIT $000 CREDIT LINE FOR CASH $50000 AVAILABLE CREDIT FOR CASH $000 Finance Charges (Please see reverse for Imppoorttan?t Information) applied ied ote when AP R ing CIH?AARGE plp Purchases $911193 007507%D 27.40% $2070 Cash $0 00 0 07507% D 27.40% $000 ANNUAL PERCENTAGE RATE applied this period. 27.40% ® At Your Service 141110,00034W Tocal Customer Rolsbons or lo report a lost or stolen cad 0 Send payments to. Capital One Bank P 0 Bar 70884 Chamona. NC 28272MM e Send irgtdrles to. Capital Ore P 0 Box 30295 See Lake City, UT 841 30-02 9 5 ® Have a question about a charge on your statement? Please refer to the Billing Rights Summary on to back of your statement or wail You were assessed a pet due fee because your mmnan payment was not received by the due date To avoid this fee in the from, we recommend That you allow at least 7 business days for your mrnlmum payment to reach Capital One 7019795 6056 506 1 07 5 071205 PLEASE RETURN PORTION BELOW WITH i Caplworv I what's in your wallet?" New Balance Minimum Payment Due a $960 94 $460 94 Dec 31, PLEASE PAY AT LEAST THIS AMOUNT Amount Endosed Transactions New Balance MlnMnum Payment Due Data )+ $39 00 = $960 94 $460 94 Dec 31, 2007 PLEASE MY AT (FAST THIS AMOIMT Your account is sox payments behind If we charge off yaw account due to late payments, we roil report the charged-off status to several national credit bureaus, and too Purchase APR a receded on this statement will be applied to all your outstanding balances Act now to prevent the from happening Please pay the amount due on your statement or give us a call at 1800 965.6800 Wool work voith you so you can take control of your account and start rebuilding your credit with Capitol One "Important Notice" Under the terms we previously dsdgsed to you, your account is now eligible for an increase in Annual Percentage Rates (APRs) effective Immediately Fbwever, Captal One has elected not to rase your APRs at this hme Please be advised that it you fad to keep your account or good standing, Capital One reserves the right to raise your APRs in the future Payments, Credits & Adlustments Transactions 1 30 NOV PAST DUE FEE $3900 Your account is 90 days past due and your Payment Protection coverage has lean suspended As stated in your Payment Protection agreement, your coverage end monthly charge eil be rensUded once your account is no longer 90 days pest due You may fill be eligible for haneEts to be pad to your account for loss events described or your Payment Protection agreement. Call Stonebridge Benefit Services at I-SW5274904 to see 4 your situation qualfies for benefits 1 of 1 OlDM6056 OR LOG ON TO W W W CARTALONE COM TO MAKE YOUR PAYMENT ONLINE 014862367207996812 05 0960940045000460942 Account Number. 4862-3672-0799-6812 Capital One Bank P.O. Box 70864 Charlotte. NC 26272-U664 Please print address or plane number changes below using blue or black ink Address Home Plane A#emate Phone E-until address @ #9034050049852367# MAIL ID NUMBER TAMMY L DAMRON 5337 OXFORD CIR APT 66 MECHANICSBURG, PA 17665-4425 II I IIIrOIIIETar111111T1u1re111U1loll IIIIIra11Ullloll Irir Please write your account number on your check or money order made payable to Capital One Bank and mad with this coupon in the enclosed envelope EXHIBIT CAPITAL ONE BANK (USA), N.A., Plaintiff, V. TAMMY L DAMRON Defendant(s). The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities, th t he/she is an authorized agent of CAPITAL ONE BANK (USA), N.A., Plaintiff herein, anthat he/she is duly authorized to make this Verification, and that the facts set forth ' the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. _ Dated: ? I rc?A 1QQc--)K ?1-2 - ? ;? Stephanie Si ore A049 WELTMAN, WEINBERG & REIS CO., I,.P.A. c? C`J ` b S - i'71 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-07535 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK USA NA VS DAMRON TAMMY 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 DAMRON TAMMY L but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT , DAMRON TAMMY L 5337 OXFORD CIRCLE APT 66 NOT FOUND , as to MECHANICSBURG, PA 17055 PER POST OFFICE, DEFENDANT LIVES IN VIRGINIA. Sheriff's Costs: So answe. Docketing 18.00 !i Service 9.00 Not Found 5.00 R. o as Kline Surcharge 10.00 Sheriff of C mberland County .00 42.00 WELTMAN WEINBERG REIS 01/07/2009 Sworn and Subscribed to before me this day of A. D. 4C *j ) C c CA- LIJ tV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. TAMMY L DAMRON Defendant(s) No. 08-7535 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE 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#7019795 REA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No. 08-7535 CIVIL TERM TAMMY L DAMRON Defendant(s) PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE 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. By: James C. PA I.D. i WELTU 1400 Ko 436 Se? (412) SWORN TO AND SUBSCRIBED before me this day of 009 OT Y PUB brodt, Esquire `N WEINBERG & REIS CO., L.P.A. s Building Avenue , PA 15219 7955 F1LED-OrFICE OF THE FOOTH(CINJOTARY 209 JUL 20 PH 2: 4 5 CUMBE;:h ? j kak)UNvn` PDWS&VANV\