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Home My WebLink About09-07786 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: VS. CLAIRE CREGO 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 07069971 C N Pit IAS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No 6 9 -7-7 ? - ;It,,) t' / CLAIRE CREGO 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: CLAIRE CREGO 32 N 17TH CAMP HILL, PA 17011 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX1406 . 4. Defendant made use of said credit card and has a current balance due of $1307.06 , as of December 03, 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 25.100. per annum on the unpaid balance from December 03, 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 , CLAIRE CREGO , INDIVIDUALLY , in the amount of $1307.06 with continuing interest thereon at the rate of 25.100. per annum from December 03, 2008 plus costs. James; Wa ro dt, 42524 WELT EINBERG & REIS CO., L.P.A. 436 S ve h Avenue, Suite 1400 Pitt ur , PA 15219 (412 43 -7955 FAX 41 -338-7130 070 997 C N Pit IAS This law firm is a debt collector atte ng to collect this debt for our client and any information obtaine i.ll be used for that purpose. Previous Balance Payments & Credits FINANCE CHARGE Trarmactions New Balarax Minimum Payment Due Date $998.81 - $0.00 + $'21.? + $29.00 = $1 049.50 $183 00 Ma 05 2008 , . y. , Mar. 11, 2008 - Apr. 10, 2008 Page 1 of 1 Ywa Pletirnm Account 4OR-3672-156B-1406 Your Account Information TOTAL CREDIT'LINE $500.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $500.00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Pleeee see reverse fw u patart information) Balance rate Fall Comespondrtg FINANCE applied to rate APR CHARGE Purchases $789 40 0.06880%, D 25.15% $16.66 Cash $226.36 006890%D 2515% $4.83 ANNUAL PERCENiA(r'E RATE appled tirla period: 25.15X Q AtYourlimice 140060336'37 To cal Dabrer Rel tors orb reports bst or sbkn cad 0 send payments to: Cap" Oro Bk(lSA),N4 - P 0 B.ac 70864 - Darblb, NO 219272-0884 Sad kWp kbs to: Capital Ores P 0 But 90 • Set Leis Dry, Ur 841MZM ® Have a question about a charge on year statement? Please refer to the Billing Rl Summary on the hack of your statement or visit www.captalerve.opmkilepules F- W MAT LFAS"HIS AVO 7T Your accost is = payments behind If we ergo offyor account die to late Pay'rionts, we will report the dargedoff status to several rob" coedit bureaus and the Pirdrase APR as Vkt--d on this statement will be a0l to all your outstsndng balarm Act now to prevert this from `appenng Please pay the mount due on your statement or give us a cat at 1 800 955 6600 Well work with you so you can take control of your account and start rebuildrhg your credit wth Capital One -Important Notice' Under the terms we preogrsy disclosed to you, your amount is now eligible for an ncmm in Annual Percer-bW Rates (APRs) elfecb,e mmedatay HOWwor, Capital One has elected not to rase your APRs at ttr5 time. Please be advised that i you fall to kW your account n good standing, Capital One reserves to right to rase your APRs in the fibre. its, Credits 8r Adiustments Transactions 1 04APR PAST DUE FEE $29,00 Your amount is 90 days past die and your Payment Protection overage has been suspend:d. As slated n your Payment Protection agreerriert, your c ovoerage and mo" large will be reestated once your account is no brger 90 days Past die You may still be elgble for benefits to be pad to your account for less events described in your Payment Protection tg eament. Cal Stonebrelge Benefit Sw ces at 1-BW527 04 to see dyor situation qualifies for benefits Your account has gone over is credit tart. To avoid ad#hwal a will st fees, please pay enough to brag your balance below your credit Amt immediately, and mace sue you rental below your credit limit Please be sure to amount for any future purchases, fees, and finance charges You were assessed a past do fee because your mini um paymert was net received by the die data To avoid this fee in the future, we recommend that you allow at least 7 buxlees days for your mnmun payment to reach Capital One. EXHIBIT PLEASE RETURN PORTION BELOW W T11-1 PAYMENT OR LOG ON TO WwWCAPfrALONE.COM TO MAKE YOUR PAYMENT ONLINE ow what's m your wallet?' 0 4862367215681406 10 1049500123030183008 New Balance Minimum Payment Due Date C?,049.50 C$183.00 May. 05, 2008 PLEASE PAY AT LEAST THISAMOUNT Amourrt Endosed Capital One Bk(USA),NA P.O. Box 70664 Charlotte, NC 28272-0884 Account Number: 4862-3672-1568-1406 Please print address or phone number flanges below using blue or black ink Home fsionv A7temura Phony E-nW address is #9010240961085785# MAIL ID NUMBER CLAIRE CREGO 727 GOUCHER ST t 21 JOHNSTOWN, PA 15905-3025 169971 Please write your account number on your check or money order made payable to Capital One Bk(UW,NA and mail with this coupon in the enclosed envelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. CLAIRE CREGO 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: 2 ez PU40k Edward Piotrowski A049 WELTMAN, WEINBERG & REIS CO., L.P.A. X22 III C-O 1U a ?+ L% SHERIFF'S RETURN - REGULAR CASE NO: 2009-00778 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA NA VS CREGO CLAIRE ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CREGO CLAIRE the DEFENDANT at 0018:20 HOURS, on the 17th day of February-, 2009 at 213 W MAIN STREET TOP FLOOR MECHANICSBURG, PA 17055 by handing to CLAIRE CREGO DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Additional Comments ADDRESS YOU PROVIDED IS MOTHER'S ADDRESS - SHE PROVIDED CORRECT ADDRESS IN MECHANICSBURG. Sheriff's Costs: So Answers: Docketing 18.00 Service 9.00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 37.00 02/18/2009 WELTMAN WEINBERG & REIS Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. ? rya ` c k ' :„ .mss ?-' :Tc CL? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. CLAIRE CREGO Defendant(s) No. 09-778 CIVIL PRAECIPE TO SETTLE, DISCONTINUE AND END WITH 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#7069971 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 09-778 CIVIL CLAIRE CREGO Defendant(s) PRAECIPE TO SETTLE DISCONTINUE AND END WITH PREJUDICE TO REFILE TO THE PROTHONOTARY OF COUNTY: Settle, Discontinue and End With 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. Wa PA I.D. #4 24 W ELTM , 1400 Ko er 436 Sev nt A Pittsbu gh A (412) 3 -7955 WWR 7069971 Sworn to and subscribed Before me the,_ Day of , NO ARY BL1C Esquire & REIS CO., L.P.A COMMONWEALTH OF PENNSYLVANIA Notarial Seal Wendy L. Gault, Notary Public City Of Pittsburgh, Allegheny County My Commission Expires July 15, 2010 Member, Pennsylvania ?ssoaiation of Notaries venue 15219 Or' THE PIP!, 2 0 0 9 %J U ,I 15 A' i I I : 2