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Home My WebLink About09-0982IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: 09- q9A C1V?? ter+n? VS. COMPLAINT IN CIVIL ACTION MICHAEL W KARPER 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 07006181 C N Pit REA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. MICHAEL W KARPER Defendant Civil Action No vq- q M G'y:l / 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: MICHAEL W KARPER 505 MULBERRY DR MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX5141 . 4. Defendant made use of said credit card and has a current balance due of $1992.12 , as of November 26, 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 26.200% per annum on the unpaid balance from November 26, 2008 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1" and made a part hereof. I 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 , MICHAEL W KARPER , INDIVIDUALLY , in the amount of $1992.12 with continuing interest thereon at the rate of 26.200% per annum from November 26, 2008 plus costs. James u. rmnroat,42524 WELTMAN, NBERG & REIS CO., L.P.A. 436 Seve th Avenue, Suite 1400 Pittsbu gh, PA 15219 (412) 4 4-7 55 FAX: 4 2-3 8-7130 070061 1 N Pit REA This law firm is a debt collector attempt'n to collect this debt for our client and any information obtained wJYl be used for that purpose. EXHIBIT FINANCE Previous Balance Payments 8 Credb CHARGE Transaction New Balance Minimum Payment Due Date $1,587.80 - $32.00 + $35.99 + $39.00 = $1,830.79 ( $630.79 Mar. 31, 2008 Feb. 06, 2008 - Mar. 05, 2008 Page 1 of 1 P WE FM AT LFAV'H6 AW' N7 VW Platinum Accolrt 4iM2Q702b8141 Your Account lnkmw on TOTAL CREDIT LINE $1,000.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $1,000.00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please we reverse for rrpoda t information) Balancemb Perodc Corrosponcirg FINANCE apled to rate APR CHARGE Purulases $5306 0.07737% P 2B24% $12.00 cash $1,069Zri 0.07737%P 28.24% $23.98 ANNUAL PERCENTAGE RATE applied this period: 2B24% Q AtYonrServuw I-SM403-W To call DXkXW Ita60ortear10 report a bsror WIDW cad 0 Sad payments b: Capital One BIQUM),NA • P 0 Bas 7OB84. Gable, NC 28212M% Sad krqukles to: OWN OrW P 0 Bea 30285 -Sat Lie Ole, L f 041340295 ® Have a question about a charge on your sbtareeet7 Posse refer b the Bing Rights Summary on the beck of your statement or visit www-capitalonexorritclsputes Your account is sN mymenlle behind If w s charge offyour axant d?a to late paymurts, we wi report the charged-off status to several rational Credit bureaus and the Pura AN as efleotad on tees statement will be MDW to all your oulslandrg balances Act now to prevent this from-appenirg Please pay to anaunt due on your statensnt or give us a call at 1800 9%6600 Wet wore with you so you can take control of YOU acuxmd acrd slat [dx"ng you Credt wih C441W One "Inpatari Notoe" Under the tarns we prevcu * disclosed to you, your acmunl is now eigbb for on increase n Arrwel Percentage Rates (APRs) effecbe mmedetey Howa r, Capitol One has elected not to mdse your APRs at tho low. Pease be adnsed that Tyou fall to Wopyour account n prod star ft Capital One reserves the rgN to raise your APRs in the fuhre Pnmeftts. Credits 8L Adjustments 1 2B FEB DIRECT DEBIT PAYMENT $32.00- Transactions 2 01 MAR PAST DUE FEE $39.00 Your sebum has gore aver is aedt knit. To avail additional oerkni fees, please pay enough to brM your balance below your credit Imt mmedW*, and make we you roman bebv your oredt knit Phase be sue to account for any future puch®es, tem. and karce charges You were assessed a pmt (Le fee because yar minimum payrrrent was not rnscarved by the duo deb To amid this fee n the future, we recommend that you allow at least 7 busress days for your mnmum payment b reach Capital One. PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO NNNN.CAPITAUDNE.COM TO MAKE YOUR PAYMENT ONUNE C.Olp done what's m your wallet?" 0 4388642030225141 05 1630790032000630798 New Balance Minimum Payment Due Date $1,630.79 $630.79 Mar. 31, 2008 PUASE PAY AT LEAST THISAMOUNT Amount Endosed - Capital One Bk(USA),NA lnlnn111rrnlrlrrnnr111 P.O. Box 70664 Charlotte, NC 26272-0664 1111111111 11611 111111111 1111111111111111111111111 11111 Billie 11 Account Number. 4389-6420-3022-5141 Please print address or phone number charLges below using blue or block ink dome Phone A7temsAr Fhaiv Hnad'addtau O #9006642897988329# MAIL ID NUMBER MICHAEL W KARPER 505 MULBERRY DR MECHANICSBURG, PA 17050-3103 nLrlllrnrlllrrnrlnlLllnrnrrllrnrrllllrnrrrllLllnrnrlLlnrlLlr 7006181 Meuse write your ao oust number on your otter( or money order made payable to Capital One Bk(USA),NA and mail with this coupon in the enclosed emelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. MICHAEL W KARPER 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: 19-,;- / co (; N Melvin Drumgold A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 1 4 r? El i-j 0 % °g 0 R? o Q A,y -0 0 CASE NO: 2009-00982 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA N A VS KARPER MICHAEL W NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KARPER MICHAEL W the DEFENDANT , at 0008:59 HOURS, on the 21st day of October , 2009 at 505 MULBERRY DR MECHANICSBURG, PA 17050 by handing to KAREN KARPER WIFE OF DEFENDANT 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: So Answers: Docketing 18.00 Service 9.00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 37.00 02/23/2009 WELTMAN WEINBERG & REIS Sworn and Subscibed to By: before me this day Deputy Sheriff of A. D. "r f T-i ' ,i