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Home My WebLink About09-0269v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: OQ A.? 01U?C-Tsz-", VS. COMPLAINT IN CIVIL ACTION WOODROW A KLINGER 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 06994448 C N Pit REA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. WOODROW A KLINGER 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 (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: WOODROW A KLINGER 203 GALE ST MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX5898 . 4. Defendant made use of said credit card and has a current balance due of $1232.49 , 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 25.900% 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 , WOODROW A KLINGER , INDIVIDUALLY , in the amount of $1232.49 with continuing interest thereon at the rate of 25.9000 per annum from October 24, 2008 plus costs. Dames anwrvu?, G & REIS CO., L.P.A. WELT ER 436 S ve ?EIrNB h Avenue, Suite 1400 Pitt u gh, PA 15219 (412 34-7955 FAX- 12-338-7130 069 448 C N Pit REA This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. EXHIBIT FINANCE Previous Balance Paynlerds & Credits CHARGE Transactions Now Balance Minimum Payment Duo ode $824 66 - $0 00 + $17 87 + $46 84 = $889 37 $389 37 Jan 15, 2008 Nov 22, 2007 - Dec 21, 2007 Page 1 of 1 PLEASE PAY AT LEAST THS AMOUNT MasterCard Platinum Account 517&05244222.5898 Your Account Information TOTAL CREDIT LINE $50000 TOTAL AVAILABLE CREDIT $000 CREDIT LINE FOR CASH $50000 AVAILABLE CREDIT FOR CASH $000 Finance Charges (Please we reverse for important information) Balancerats aappptied to Pants Comespondng CHHARGE Purchases $56903 007096% 2590% $1211 Cash $27067 007096% 2590% $576 ANNUAL PERCENTAGE RATE applied this period. 25.90% ® At You Service 1.900903.3837 To chi Cusbnwr ReMbm a to raport a bd a stolen cad ® Send payments to. Capital One Banc P 0 Bm 70884 Charlotte, NC 28272-0884 A Bend Inquiries to. Capita One P 0 am 30285 Sea Lake City, UT 94130-0285 ® Have a question about a charge on your statement? Please refer to the Billing Rights Summary on the back of your statement or visd wwMr ,RtltB an mMd4p'1es. 6056 506 You're behind by four payments You still can't make any new purchases or cash advances on your account But you can sit regain your charging pnmlegss and bring your account back into good standing by paying the amount due on your statemerd by the next due date Unfortunately, if we don't receive a sufficient payment, we may have to permanently suspend your charging privileges Need help? Give us a call at 1 800 955 8800 Well work together to see what your options are to rebuild your account status Pay manta Credits & Adlusliments - Transactions $39W 1 17 DEC PAST DUE FEE $7 2 21 DEC PAYMENT PROTECTION 1-888.527-6904 Under terms previously disclosed to you, some or all of your Annual Percentage Rates (APRs) have been increased ance your account was pest due trub in the past 12 bang cycles N your rain have already maeaeed, subsequent deinquenaes extended the duration of the increased tabs Remember Nwe receive your mri num monthly payment on time for 12 consecutive billing cycles, this account will be reviewed for a possible return to your Non-Introductory APR Your account is 90 days past due and your Payment Protection coverage has been suspended As stated m your Payment Protection agreement, your covarege and monthly charge Yell be reinstated once your account is no longer 90 days past due You may still be eligible for benefits to be pad to your account for loss events described n your Payment Pratwbon agreement, Call Stonebralge Benefit Services at 1.888-527-6904 to see if your stuatron qualifies for benefits You were assessed a pest due fee because your minimum payment was not received by the due date. Tor avoid this fee in the future, we recommend that you allow at least 7 business days for your minimum payment Capital One 07 21 071221 PAGE OIDM6056 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO W W W CAPITALONE COM TO MAKE YOUR PAYMENT ONLINE 0 5178052442225898 21 0889370050000389370 copli o-t:)f1t?' I what's in your wallet?' New Balance Minimum Payment Due Date $889 37 $389 37 Jan 15, 2008 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed Capital One Bank 11Ir111I/r11r111r11IrI P.O. Box 70664 Charlotte, NC 26272-0664 1111111111111111111111111III11111111111111111111E 1111111111111 Account Number. 5178-0524-4222-5898 Please print address or phone number changes below using blue our black ink Address Home Phone Alternate Phone E-mail address #9035633380137735# MAIL ID NOMBER WOODROW A KLINGER 404 CARAVAN CT MIDDLETOWN, PA 17057-2666 1 I I111I111111111111III II1111111I11IIII11II1111I I11111111I111 6994448 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 CAPITAL ONE BANK (USA), N.A., Plaintiff, V. WOODROW A KLINGER Defendant(s). VERIFICATION 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 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: J\ il s l n'y Courtney Ston A049 WELTMAN, WEINBERG & REIS CO., L.P.A. W d fI, N m G., i? 11,Ti 1 100 SHERIFF'S RETURN - REGULAR CASE NO: 2009-00269 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK (USA) NA VS KLINGER WOODROW A SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KLINGER WOODROW A the DEFENDANT , at 1822:00 HOURS, on the 23rd day of January , 2009 at 203 GALE ST APT 302 MECHANICSBURG, PA 17055 by handing to MEGAN FLANAGAN, GIRLFRIEND, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of 18.00 9.90 .00 10.00 .00 37.90 day So Answers: R. Thomas Kline 01/26/2009 WELTMAN By: A. D. CI ?_ _