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Home My WebLink About09-0983ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: (R- T83 awt lean vs. JON L FULLAS 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 06871159 C N Pit TSW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. JON L FULLAS Defendant Civil Action No 6 9- 9'g,3 CN• 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: JON L FULLAS 317 10TH ST NEW CUMBERLND, PA 17070 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX9504 . 4. Defendant made use of said credit card and has a current balance due of $5574.90 , as of October 16, 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 28.100% per annum on the unpaid balance from October 16, 2008 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 11111 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 , JON L FULLAS , INDIVIDUALLY , in the amount of $5574.90 with continuing interest thereon at the rate of 28.100% per annum from October 16, 2008 plus costs. fames u. WELTMAN, 436 S eve Pittsbux (412) 43 FAX: 41 0687115 This law firm is a debt collector attempti our client and any information obtained w? ro t,42524 ERG & REIS CO., L.P.A. venue, Suite 1400 A 15219 55 -7130 Pit TSW "to collect this debt for be used for that purpose. EXHIBIT FINANCE Previous Balance Payments & Credits CHARGE Transactions Now Balance Minimum Payment Due Date $3,666 88 - $0 00 + $85 82 + $35 00 = $3,787 70 $787 70 Apr 12, 2007 Feb 13, 2007 - Mar 14, 2007 Page 1 of 1 PLEASE PAY AT (FAST T1eS AMOUNT Visa Platinum Account 4862.3623.6371.9504 Your Account Information TOTAL CREDIT LINE $3,00000 TOTAL AVAILABLE CREDIT $0 00 CREDIT LINE FOR CASH $3,000 00 AVAILABLE CREDIT FOR CASH 000 Finance Charges (Please see reverse for important mformabon) Balance rate Periodic Comesponding FINANCE applied to rate APR CHARGE Purchases $3,709 34 0 07712% D 2815% $8582 Cash $0 00 0 07712% D 2815% $000 ANNUAL PERCENTAGE RATE applied this period. 2815% Q At Your Service 14100.903.3637 To cap Customer Relations or b report a lost or stolen cad ® Send payments to. Capital One Bark P 0 Bois 70884 Charlotte, NC 28272-0684 A Send inquiries to. Caporal One P 0 Bmc 302B5 Sari Lake City, UT 84130-0285 6056 5P6 1 7 0 070314 4Q-J1W0C' I what's in your wallet) Your account is six payments behind if we charge off your account due to late payments, we will report the charged-off status to several national credit bureaus, and the Purchase APR as reflected on this statement will be applied to all your outstanding balances Act now to prevent this from happening Please pay the amount due on your statement or give us a call at 1 800 956.6600 Well work with you so you can take control or your account and start rebuilding your credit with Capital One "Important Notice" Under the terms we previously disclosed to you, your account is now eligible for an increase in Annual Percentage Rates (APRs) effective immediately However, Capital One has elected not to raise your APRs at this time Please be advised that it you fal to keep your account in good standng, Capital One reserves the ngM to rase your APRs in the future Pavmerlts, Credits & Adjustments Transactions 1 14 MAR PAST DUE FEE $3500 You were assessed a past due fee bemuse your nsrwnum payment was not received by the due data. To avoid this fee in the future, we recommend that you allow at least 7 business days for your mnmum payment to reach Capital One PAGE 1 of 1 O1BC6056 PLEASE RETURN PORTION BELOW WITH PAYMENT 0 4862362363719504 00 3787701000000787700 New Balance Minimum Payment Due Date $3,787 70 $787 70 Apr 12, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Endosed . Capital One Bank P.O. Box 76884 ''I'P'rTrll"srP'P'rII Charlotte, NC 28272-0884 Account Number: 4862-3623-6371-9504 Please print address w phone number changes below using blue or black ink Home Phone Anemate Plane E-mail address 1t9006947962103003M NAIL ID NUMBER JON L FULLAS 1901 DEFOORS LNDG NO ATLANTA, GA 30316-7553 6871159 Please write your account number on your check 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. JON L FULLAS Defendant(s). VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn 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 101 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. Ottis Coward i?m.`1 / i tip'- P /4 (7) r"3 O F Co 93 ' Y• i ? Sb D ? n } _ SHERIFF'S RETURN - REGULAR CASE NO: 2009-00983 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA N A VS FULLAS JON L RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FULLAS JON L the DEFENDANT at 0012:54 HOURS, on the 12th day of March 2009 at 11 & 15 ERFORD ROAD (BP GAS STATION) LEMOYNE, PA 17043 by handing to JON L. FULLAS 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 Mileage Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 2 8 . 8 0 .00 10.00 R. Thomas Kline .00 56.80 00/00/0000 By: i2 day Deputy Sheriff A. D. ?, ? " ? C •? .?--t r?1 ,s t? ?-': -?c;? ?::. ? , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. JON L, FULLAS Defendant(s) No. 09-983 CIVIL TERM 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#6871159 PIT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 09-983 CIVIL TERM JON L FULLAS 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. Sworn to and subs cr' Before he Day of NO RY PUB - C WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. War brodt, Esquire PA I.D. # 52 WELT N, EINBERG & REIS CO., L.P.A 1400 K pp s Building 436 Se e Avenue Pittsbt , PA 15219 (412) 434-7955 WWR#6871159 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Wendy L. Gault, Notary Public City Of PiHsburgh, Allegheny County My Commission Expires July 15, 2010 Member, Pennsylvania Association of Notaries 2009 JUN 15 Ali 11: 2 3 CUVh-.5. µr