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Home My WebLink About09-0345IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: CA- 1345 0-iV'tCWrw' vs. NICOLE ROSS COMPLAINT IN CIVIL ACTION 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 07006674 C N Pit REA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No NICOLE ROSS 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),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: NICOLE ROSS 350 MAPLE LN CARLISLE, PA 17015 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX3096 . 4. Defendant made use of said credit card and has a current balance due of $4640.28 , as of November 10, 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 November 10, 2008 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 111" 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 , NICOLE ROSS , INDIVIDUALLY , in the amount of $4640.28 with continuing interest thereon at the rate of 25.900% per annum from November 10, 2008 plus costs. James Wa ro t,42524 WELT WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07006674 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. FINANCE Pmdoua Balance Payno 6 Credks CHAR0E Tnu(aKdons Now Balance Minimum Payment Due Oak $3,749.49 - $0.00 + $83.56 + $39.00 $3,872.05 $872.05 Mar. 21, 2008 Jan. 26, 2008 - Feb. 25, 2006 Page 1 of 1 r (AS( PAJ AT LEAS" Ha AVO' N1 Visa Platinum AcwLrd 49DOW8275410011 Your Arcoount Idormation TOTAL CREDIT LINE ;31000-0 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $3,000.00 AVAILABLE CREDTT' FOR CASH $0.00 Fiflance Charges (Pkee see reverse for nrportart rnfbrrrraton) mince rate Parodic Carrespondrg FINANCE Wood b rata APR CHARGE Purchases $3,798.60 0.07098% 25.90x, $83.55 Cash $0.00 0.0709696 25.9051 $DOD ANNUAL PERCOTTAGE RATE ippled this perbd: 2LB0% ® AtYow3ervke 10HOMTO To cat Odrnv PakU nc orb roprtt a bsto' dAm wd ® Send plly'mb tD: C*W One Be* • P D Bsk 70884 • Chablm, NC 79272-0851 Your account s aN payments behind if we emerge ofFyow axau ht kis b ?? oay?erns, we vn1 report the dhagadofr statkis to semal re" credit bjww and tie Puch we APR as Vbcted on this statement ml be applied to al your oJlJtardrg balances Act new to Dwert tfrs from nappenlng Please oW the amount due on your statement or give kis or cal at 1 eM 95'?5 6^6'M We7 worn with you so you can take control of your wunl and start rebddehg you Q? wih G*" Ore "Important Notice Under tlha terms we pwcu* (kclbeed to you, your account is wN efgbb for an ncrem n Amud Percerhtage Reks (APRs) eKecMe mrredetay however. Cq>kl One has elected rot b rasa your APRs d the tma Please be a*med the tycu fai b keep your awwt n gDW stancirg, Capftl Ore reserves the right to rase your APRs in to future. Is. Credit 8 A dustmenb Transaetlons 1 19 FEB PAST DLIE FEE $38.00 You were assessed a past dae fee because your mnmun Payment was not received by to dIe date To avoid this fee in the fktue, we recommend that you dbw at least 7 busness drys for your mmmun payment b reach CCEpW One surd YlmSllrka k: C0pial0resP0 Bat30285•SetLdeCRY, Ur$4100tM ® Please Uk g Rrgfts Summary th beck oryar steW=nt or vmsi PLEASE RETURN PORTION BELOW Wml PAYMENT OR LAG ONTO WVNV.CAPLTALONE.COM TO MAKE YOUR PAYMENT ONLINE +?'l??dlF/G" what's m your wallet?" 0 4862362382753096 25 3872050305540872051 New Balance Minimum Payment Due Date C$3,872.05 $872.05 Mar. 21, 2008 PLEASE PAYAT LEAST TNISAMOUNT Amount Enclosed Capital One Bank P.O. Box 70664 Charlotte, NC 26272-0664 Amount Number: 4862-3623.8275-3096 Please print address or phone number dranges below uw g bke or black ink aadirr ht~ Pborre [,mad adfiea #90057314793524820 MAIL ID NUMBER NICOLE ROSS 350 MAPLE LN CARLISLE, PA 17015-7624 (n111ns111(n(u111111u11n 7006674 Plem write your account number on your dredk or money order made payable to Capital One Bank and mail with this coupon in the enclosed envelope. CAPITAL ONE BANK (USA), N.A., Plaintiff, V. NICOLE ROSS 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: 12- 1 0"C' G L Edward Piotrowski A049 WELTMAN, WEINBERG & REIS CO., L.P.A. y _"= r r S 00 Le r rr ? W co .p - _ SHERIFF'S RETURN - NOT FOUND CASE NO: 2009-00345 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK (USA) N A VS ROSS NICOLE 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 ROSS NICOLE but was unable to locate Her in his bailiwick COMPLAINT & NOTICE , He therefore returns the the within named DEFENDANT , ROSS NICOLE 350 MAPLE LN NOT FOUND , as to CARLISLE, PA 17015 DEFENDANT MOVED OUT 3 MONTHS AGO. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: So answers Docketing 18.00 Service 4.50J Not Found 5.00 R. Thoma Kline Surcharge 10.00 Sheriff of Cumberland County .00 37.50 WELTMAN WEINBERG REIS 02/02/2009 Sworn and Subscribed to before me this day of , A.D. 11 1 :01 A 9 - $93 6002