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HomeMy WebLinkAbout09-0780 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. THOMAS L ROBBINS Defendant No. Q 9 - ? ?6 C ? , ( - trM COMPLAINT IN CIVIL ACTION 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 W WR#7029977 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA • CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No. 6 / r ? g-Q L W / - f e?L THOMAS L ROBBINS Defendant COMPLAINT IN CIVIL ACTION 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 CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. • Plaintiff is a corporation with offices in 15000 CAPITAL ONE DRIVE RICHMOND, VA 23238. 2. Defendant is an adult individual residing at 209 N 26TH ST CAMP HILL,PA 17011 . 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 5178052564066369. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of DECEMBER 23, 2008, in the amount of $ 1,280.09. A true and correct copy of Plaintiffs Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof. 5. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that the Cardholder Agreement between the parties provides that Plaintiff is entitled to the addition of finance charges at the rate of 25.10% per annum on the unpaid balance. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, THOMAS L ROBBINS individually, in the amount of $ 1,280.09 with continuing finance charges thereon at the rate of 25.10% per annum from DECEMBER 23, 2008 plus costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. JAMES C. RMBRODT, Esquire PA I.D. # 25 4 WELT N WEINBERG & REIS CO., L.P.A. 1400 K pe s Building 436 Se en Avenue Pittsb , PA 15219 (412 4-7955 WWR#:7029977 FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date $494 99 - $0 00 + $8 40 + $81 00 = C$584 39 $84 39 Nov 03, 2007 Sep 11, 2007 - Oct 09, 2007 Page 1 of 1 e PLEASE FAY AT LEAST THS AMOIAT Platinum Account Your account is one payment behind Remember mat making your mmmun payments by the due date keeps MasterCard MasterCard Platin yolr account in good standing Further missed payments may be reported to the national credit bureaus So make sure you send in the minimum amount due to keep your account in good standing Your Account Information TOTAL CREDIT LINE $50000 TOTAL AVAILABLE CREDIT $000 CREDIT LINE FOR CASH $50000 AVAILABLE CREDIT FOR CASH $0 00 Finance Charges (Please see reverse for important information) Balance rate Periodic Conesoaiding FINANCE rate AAPPR CHARGE appiad I. Purchases $505.81 0 05726% P 2090% $840 Cash $0 00 0 06025% P 2199% $000 ANNUAL PERCENTAGE RATE applied this period. 20.90% © At Your Service 1-800.909.3637 To cel ONbW P*MWm m to reporta lost orstolen cad ® Serdpaymerksto. Captel One Berk P.0 Box 70884 Charlotte, NC 29272-0984 A Send inquiries to. Capital One P 0 Bar 3D285 Salt Lake City, UT 84130-0285 ® Have a question about a charge on your statement? Please refer to the Blbng Rights Summary On the back of your statement or NSt "Important Notice" Your amount was past due Under the terms we previously disclosed to you, if your account is past due again in the next 12 billing cycles, your Annual Percentage Rates (APRs) may increase Payments, Credits & Adjustments Transactions 1 05OCT PAST DUE FEE $3900 2 09 OCT CAPITAL ONE MONTHLY MEMBER FEE $300 3 09 OCT OVERLIMIT FEE OCT D9, 2007 $3900 You were assessed a past due fee because your minimum payment was not received by the due date. To avoid this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Capital One EXHIBIT 6056 506 1 07 9 071009 PAGE 1 of 1 OIDM6056 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ONTO W W W CAPITALONE COM TO MAKE YOUR PAYMENT ONLINE ale what's hn your wallet)" New Balance Minimum Payment Due Date $584 39 $84 39 Nov 03, 2007 5178052564066369 09 0584390020000084399 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed Capital One Bank P-O. Box 884 Charlotte7 NC 28272-0884 Account Number. 5178-0525-6406-6369 Please print address or phone number changes below using blue or black ink Home Phone Aaemate Phone E-mail address 9 &9028322920524144# MAIL ID NUMBER THOMAS L ROBBINS 204 N 26TH ST CAMP HILL, PA 17011-3621 7029977 Please write your account number on your check or money order made payable to Capital One Bank and mall with this coupon to the enclosed envelope PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., . 'Plaintiff, V. THOMAS L ROBBINS 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/ M. Civil Action are true and correct to the best of his/her knowledge, information and belief. I I . Dated: 6," Edward Piotrowski A049 WELTMAN, WEINBERG & REIS CO., L.P.A. ' \ ? SJ ? t W G ?7 , ? h ?i.. ` J ? ? C":? ? r.' cJ ?? _ ? ? F: ` __. r S ' j T ? + r y vJ ????. ?'i S = ^;) ' • -i .?.7 -•" '? .? a! "'? ?f„ SHERIFF'S RETURN - REGULAR CASE NO: 2009-00780 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA NA VS ROBBINS THOMAS L 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 ROBBINS THOMAS L the DEFENDANT at 0016:31 HOURS, on the 17th day of February-, 2009 at 209 N 26TH ST CAMP HILL. PA 17011 BOB FOSTER by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.50 Affidavit .00 Surcharge 10.00 .00 41.50 Sworn and Subscibed to before me this day of , So Answers: /r R. Thomas Kline 02/18/2009 WELTMAN WEINBERG & REIS By: _: ? ? )rl, I+- - ?_ ?_ +w Deputy Sheriff A.D. r-. -VY _.. ='t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), N.A. Plaintiff vs. No. 09-780-CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITH PREJUDICE THOMAS L ROBBINS Defendants 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#07029977 1 t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), N.A. Plaintiff vs. Civil Action No. 09-780-CIVIL TERM THOMAS L ROBBINS Defendants PRAECIPE TO SETTLE DISCONTINUE AND END WITH PREDJUDICE TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue the above captioned matter upon the records of the Court with prejudice and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By. - / James C. W mbrodt, Esquire PA I.D. #4 4 WELTM WEINBERG & REIS CO., L.P.A. 1400 K p s Building 436 S e Avenue Pitts r , PA 15219 (41 4-7955 WWR407029977 Sworn to and su Before me the _ Day of March, 2 ARY C:FiMMidwW"l' ti EtR WtMW " i?A141A Notarial Sail Wayne A. Janos, Notary Public City Of Pitbburph, Alleghany Caunty my crxnmissl m liras June 29,200 Member, Pennsylvania Association of Notaries OF "W MTH TARY 209 APR -2 AM 9: 01 Mwffi?Li?4.L) CAW PENNMMA