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Home My WebLink About09-0146 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: ~_ D1~{p ~~~i' ~~~ vs. COMPLAINT IN CIVIL ACTION ELIZABETH A VINCETT 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 06944389 C N Pit REA IN THE COURT OF'COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. ELIZABETH A VINCETT 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 1 ' 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: ELIZABETH A VINCETT 1355 ZIMMERMAN RD CARLISLE, PA 17015 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX8132 . 4. Defendant made use of said credit card and has a current balance due of $4903.09 as of October 24, 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 13.900 per annum on the unpaid balance from October 24, 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 ELIZABETH A VINCETT INDIVIDUALLY in the amount of $4903.09 with continuing interest thereon at the rate of 13.900% per annum from October 24, 2008 plus costs. James ar ~rodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 Se a th Avenue, Suite 1400 Pitts h, PA 15219 (412) 4 4-7955 FAX: 4 -338-7130 0694 3 9 C N Pit REA This law firm is a debt collector attem~ ng to collect this debt for our client and any information obtained ill be used for that purpose. IXHI&f -L- FINANCE Previous Babna Payments b Credits CHARGE Transactions Nsw Balance Minblum Payment Due Data $4,387 21 - $100 00 + $50 30 + $39 00 = $4,376 51 $1,376 51 Feb 04, 2008 Dec 11, 2007 -Jan IKJ, 2008 Page 1 of 1 ne~sr gar ~r urea nec nstatnr Visa Pbtinum Account 4862.7671-BO&'48132 Your Account IrtfoLmation TOTAL CREDIT LINE $3,000 00 TOTAL AVAILJ\BLE CREDIT $000 CREDIT LII~ FOR CASH 53,000 00 AVAILABLE CREDIT FOR CASH SO 00 Finance ChaTyes (Reese see reverse ~ npaAsM mfarmebat) Bubb Pem~dc Corracportdng CHA OE Purchases 54,40264 003808% P 1390% 550 70 Cash 5000 0 05203% P 1 B 99% SO 00 ANNUAL PERCENTAGE RATE applied 1Ms period. 17.90% ® At Your Sepia 1~00.903~3677 To eel rLstrner Reakax cr b npod a lost a stden cold ® SerldpaymeMsto. Cepltd One Ba1c P 0 Bmt 70684 CNnolta, NC 26272-0884 A SsndlrlquWnb. Cepad Ora PD Ooc 302re Sell Lab Qty, to &730-0285 ® Have a queatma~out a dtarge onyour statemenC/ Reese refer l0 9te Btlnp fttghk Summary an Ste Dads of your statement a wM 6056 506 0 4862367190638132 09 4376510100001376517 ~pjtal~~' I wlvt'smyourwallett' New Balance Minimum Payment Due Date $4,376 51 $1,376 51 Feb 04, 2008 PLEASE PAY AT LEAST THIS AMOUNT Amount Endosfd Capital Ons Bank P.O. Box 70864 ~r~u~~~uue~~u e r Chat^lotts, NC 26272-0884 u~t~~n~ne~e~~nr~n~r~~~ul~n~r~n~n~n~~u~n~n~~ne~~ Your acoounl a sa payments behnd H we charge dr gar aomunt due to lots paymenk, wa w+6 report Ste charged-clf s1aWS to several na8ornl oredd bureaus, and the Plrohasa APR as ro6sded on 1ha slatenterttw8 be appkad b e6 your outsYrdeq balances Ad now b paveM Sus fran Mppererg Please pay 6ts amcuM due on your sUtHnent a ~w us a all ffi 18009558800 We'8 work wfi you soya can take mntrd of gar atmuM and 418A rebu~fdtrtg gar credl wdh Caprtel One PaVmertls, Credits & A~ustmertts 1 05 JAN PAYkfENT 5100.00- Transactions 2 04 JAN PAST DUE FEE ~ ~ Yar acccuM is 90 days pact due and your Payment ProLCbn covarega Etas been eueperded As stated n your Payment ProtecYon agroemard, You caeraBa and moMtly eJterge ve6 be renWhd ono your aomunt a ro longer 90 days past due Ya may sw be ekgble for bena6ls b be pad b your account for loo seams described n your Payment Proteteort agreement Ce9 Sltneltridge Benefit Barnes al 1.88&527~9W to see d your aNatgn quai6es br herte8ls Ya were sssecsed a pest duo fee beause your mwnum payment was red reoetved by the due date. To avail 8es ks n the bhtre, we recommend that ya albw al least 7 busrteas days for gar mnmum payment b reads Captal One 080109 PAGE 1 of O1DM6056 PLEASE RETURN PORTION BELOW yMTH PAYMENT OR LOG ON TO WWW CAPITALONE COM TO MAID: YOUR PAYMEM ONLINE Account Number. 4862-3671-9063-8132 %ease pnt address rb phone number changes bebw using blue ar Wadc ink address Home Phone ARemah Plane E-matl address ~ k9001034198158064k MAIL ID 1TOt4BSR CLIZABCTN A VINCETT 1355 ZInnERnAN RD CARLISLE, PA 17D15-7246 ul~~~ul~~~raur~~l~r~l~e~au~l~l~er~l~~ru~l~u~t~n~r~e 8944389 Please write your account number on your check or money order rrwde payable to Capltai One Bank and mall wrth thts coupon to the enclosed envelope pareir -~ FINANCE Ptsvlous Balsna PaymeMa R Crsdlts CHANCE Transaetbns New Balance Minimum Psymsrtt Dw Dab $4,295 26 - $0 00 + $52 95 + $39 00 = $4,387 21 $1,387 21 Jan 04, 2008 .e•. Nov 10, 2007 -Dec 10, 2007 Page 1 of 1 ralasr ew at ataa nax asaawt Vise Pbtinum Account 1682.3671.90634H32 Your Account Irlfonnation TOTAL CREDR LINE $3,000 00 TOTAL AVAILABLE CREDIT $000 CREDIT UNE FOR CASH $3,000 00 AVAILABLE CREDIT FOR CASH SO 00 Finance Charges (Reese see reverse to arportard nformakon) ~aipp~fed b Peron c Cort APR ng CH RGE Purchases $4,329 57 003915% P 1440% 55295 Cash SO OD 0 05310% P 19 49% SO 00 ANNUAL PERCENTAGE RATE appllad this period. 11A0% ® At Your Service 1.900.601]637 Toed Cucbmer ReNtlore a b upon a tort a eloNn cad ® Send payments to. Ceptal One Barak P 0 Box 70e91 Clerlode, Ik 18272-0994 A Serd IrpuMes b. Gpte Oro P O Ba 30285 Shc lake Clly, UT &130-0285 Have 9 questaon about a charge on yoau statemenTt Please refs b 6m BaWg Rr~ls Summary on 0a bade of your sbtemad a Had 6056 506 Your eemunl as Elk peymeMS bBhnd It We charge ORyaar scmunt due to Late payments, we vat report bas durged-olf stake b several nahaml areM buroais, and tlb Purdaase APR o rdeGed an 0as atabrrent wa be appked b e6 yow ouhbMng balances Act raw b prevent fns tree happereng Pkue pay 6N amount due On y0w SlakanaM ar glVe Ua a C86 811 600 955.9600 Well work M61 yW W you can lake cankd of yar account and staA re6aWng your aadd wdh Cepdal One Payrnenfs, Credks & AdiutdrrteMs Traltsactiolls 1 04 DEC PAST DIIE FEE $~ ~ Your etxouM dt 90 days past due and your Peynraent Protectan coverage has been suspended As stated n your Payment Prdeckon agreement, You wrrrape and mntl4y dwge vat be ranstaMd axe yow acmuM as ro bnper 90 days pest doe You may sW be ekgida to lane9b b be pad b yar account for loss events desalhed n your Payment Prolaekon agreement Call Stonebrdge Bsne9l3ervaoes al t-890.527~89B4 b see d your sakaekon Ousi9es br berafds You were assessed a pest due tea banuse your mnmum payment was nd reserved bT 6w due dale. To avod 6aa be n the future, we recommend fiat you albw at least 7 buaness days to your mrnmum payment b reads Caplet One 071210 PAGE 1 of 1 O1DM6056 PLEASE RETURN PORTION BELOW WrM PAYMENT OR LOG ON TO W WW CAPITALONE COM TO MA1~ YOUR PAYMENT ONLINE 0 4862367190638132 09 4387211482201387217 ~pjt~~' I wlvtY rn your walktT' New Balance Minimum Payment Due Date $4,387 21 $1,387 21 Jan 04, 2008 PLEASE PAY AT LEAST THIS AMOUNT Amount Endosed Capital One Bank P.o. Box 70884 I,Irrlllrrrllrrrrlrrll Charlotte. NC 28272-Obb4 Irrlrllrrlrrrlrllrrrirrlrlllrrrlrrirlrrlrrlrrllrrlrrlrrllrrrll Account Number. 4862-3671-9063-8132 Wease prof adlress a phone number changes bebw rsrng bl~ or black ank Address Home Phone Ahemate Phone E-matl address ~ N90345341981580646 MAIL ID NOMBBR CLIZABCTH A VINCETT 1355 ZIf1nERRAN RD CARLISLE, PA 17015-7246 aIIIIIrrdlllrrrrrllJdrLlrrrrL6lnlrllrrrlrlydrlrrLlr 6944389 please carne your account number on your check or money order made payable to Capatal One Bank and mad wRh thas coupon an the encbsed envelope CAPITAL ONE BANK (USA), N.A., Plaintiff, v ELIZABETH A VINCETT Defendant(s). VERIFICATION 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 an authorized agent of CAPITAL ONE BANK (USA), N.A., Plaintiff herein, and that he/she is duly authorized to make this Verification, 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. Dated: Al I~ ~';J~Q Courtney St e A049 WELTMAN, WEINBERG & REIS CO., L.P.A. l~ ~ d ~~ N ~~' ~ ~ i. Y` ~ ~ {\ R- ate' ~ N ^'# .~ ~ "~ " ' `. w a s Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY F' ... =!-.IFS e as ??< •? 4 1 .t 8 Ca7? ? c _ t r ? p??,, ,. ,. Capital One Bank (U.S.A.) N.A. vs. Elizabeth A Vincett Case Number 2009-146 SHERIFF'S RETURN OF SERVICE 03/18/2010 11:32 AM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on March 18, 2010 at 1132 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Elizabeth A. Vincett, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, Cumberland County, Pennsylvania, by handing to Tara Searer, Teller, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on March 18, 2010 to Elizabeth A. Vincett at 1355 Zimmerman Road, Carlisle, PA 17015. 03/11/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $87.50 SO ANSWERS, March 11, 2011 RON R ANDERSON, SHERIFF R haron R. Lantz ' . 'V e &"Od, +. c; Goun>, Sui to 5 'ewt Te ?osuft . b ?c.