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Home My WebLink About09-1086 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: OR - 108(0 C?vit term vs. COMPLAINT IN CIVIL ACTION MARY MARIS 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 07021949 C N Pit CFR 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No MARY MARIS 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: MARY MARIS 2209 CEDAR RUN DRIVE EXT CAMP HILL, PA 17011 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX8597 . 4. Defendant made use of said credit card and has a current balance due of $1518.15 , as of December 17, 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 27.100% per annum on the unpaid balance from December 17, 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 , MARY MARIS , INDIVIDUALLY , in the amount of $1518.15 with continuing interest thereon at the rate of 27.100% per annum from December 17, 2008 plus costs. James WELTMAX, 436 SeVE Pittsbux (412) 4 FAX: 4 070219 S This law firm is a debt collector attempt our client and any information obtained w 144.., ZLJ42 E NBERG & REIS CO., L.P.A. h )Avenue, Suite 1400 PA 15219 955 38-7130 N Pit CFR to collect this debt for be used for that purpose. EXHIBIT FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date $1,119 41 - $0 00 + $26 34 + $0 00 = $1,145 75 $445 75 Jan 04, 2008 Nov 10, 2007 - Dec 10, 2007 Page 1 of 1 PLEASE PAY At LEW M AMOnnt MasterCard Platinum Account 5178-0525.9046.8587 Your Account Information TOTAL CREDIT LINE $70000 TOTAL AVAILABLE CREDIT $000 CREDIT LINE FOR CASH $70000 AVAILABLE CREDIT FOR CASH $000 Finance Charges (Please see reverse for important Information) Balance rate Periodic Corresponding FINANCE applied to rate AR CHARGE Purchases $63264 0 07507% D 27,40% $1472 Cash $49946 007507%D 2740% $1162 ANNUAL PERCENTAGE RATE applied this period. 27.40% Q At Your Service 14100,9033637 To cal Custmwr Relations a to report a lost or stolen cad ® Seridpsymentsto. Captal Ore Banc P 0 Box 70684 Charlotte, NC 28272MM A Semi inquiries to. Capital One P 0 Box 30295 Salt Lake Cary, UT 8413D-0285 ® Have a question about a charge on your statement? Please refer to the BAng Rights Summary or the back of you statement or mat Your account is six payments behind time 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 1800 9556600 Well work with you so you can take control of your account and start rebuilding your credit with Capital One "Important Nokce" 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 If you fad to keep your account in good standing, Capital One reserves the ngM to rase your APRs in the future Payments, Credits & Adjustments 6056 506 1 07 9 071210 PAGE 1 of 1 01DM6056 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO W W W CANTALONE COM TO MAKE YOUR PAYMENT ONLINE cap"aliale what's in your wallet?' New Balance Minimum Payment Due Date $1,145 75 $44575 Jan 04, 2008 5178052590468597 09 1145750283920445754 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed Capital One Bank P.d. ox 70884 li'rrl111111I"r'I"1I CharlBotte, NC 28272-0884 u?r??n?u1?1??nE?u?1???m ?n?dn?n6d?n6r6E?6u?? Account Number. 5178-0525-9046-8597 Please print address or phone number changes below using blue or black ink Address Home Phone Altemete Phone E-mail address 0 09034572581942595# MAIL ID NUMBER MARY MARIS 2207 CEDAR RUN DRIVE EXT APT B CAMP HILL, PA 17011-7462 111 111 fill 16UUE 161111611111 1 dr16ErrI n 11 1111 1E1 U 111 Ur 7021949 Please write your account number on your check or money order made payable to Capital One Bank and mall with this coupon in the enclosed envelope PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. MARY MARIS 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 beli Dated: ( ?? u /' `-A e" Antoinet' Miller A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 104'L(c(uG( - cce ? 00 ha s# ?J SHERIFF'S RETURN - REGULAR CASE NO: 2009-01086 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA N A VS MARIS MARY STEVE BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NnTTrW MARIS MARY DEFENDANT was served upon the , at 0019:20 HOURS, on the 24th day of February , 2009 at 2209 CEDAR RUN DRIVE EXT APT B CAMP HILL, PA 17011 by handing to MARY MARIS 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: 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. Thomas Kline 02/25/2009 WELTMAN WEINBERG & REIS By: Deputy Sheriff A. D. t`J =? IM, ? 7"i? e s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. MARY MARIS Defendant No.09-1086 CIVIL TERM STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#07021949 $779.42 t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 09-1086 CIVIL TERM MARY MARIS Defendant PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, MARY MARIS, in the amount of $779.42 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., ---.__. By: Attorney for Plaintiff MARY MARIS, By: Defendan WWR#07021949 ' .. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 09-1086 CIVIL TERM MARY MARIS Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE :ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, MARY MARIS, above- named, in the amount of $779.42 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: 1. Defendant admits indebtedness to Plaintiff in the amount of $779.42 with continuing interest thereon at a rate of 6.00% per annum plus costs from Date of Judgment. 2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, MARY MARIS, in the amount of $779.42 plus continuing interest thereon at the rate of 6.OU% per annum from Date of Judgment and costs. 3. Plaintiff agrees not to execute on its Judgment so long as Defendant causes to be delivered to Plaintiff the following payments in full by 12:00 NOON on the following dates: (a) $170.00 due by August 15`h, 2009; (b) $170.00 due on the 15`" day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. 4. All payments are to be made payable to the order of "CAPITAL ONE BANK (USA), NA" 1 .' 5. The first payment due under this agreement is to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 436 Seventh Avenue, Suite 1400, Pittsburgh, PA 15219. All future payments are to be mailed to~the offices of Weltman, Weinberg & Reis, Co., P.O. Box 5430, Cleveland, OH 44101-0430. 6. In the event of default, each payment received shall be first attributed to costs, interest and then to principal. 7. Time is of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff or Plaintiff's counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. 8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is final and complete. / r, 9. Intending to be legally bound, the parties set their hands and seals thin L day of l~ ~~, 20~. WELTMAN, INBERG & REIS CO., L.P.A. B}. Matthew D. Urban, Esquire PA LD. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR No. 07021949 By: Defendan ,MARY MARIS 1 L ~'1 ~rv..; .._ L~;"9 JL. ""L. i lei i' Ju _` 1 ;, rJ ~ I~} . oo Pry ATr/ C1L~ ~18oL558 ~' a301o1~ ' r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 09-1086 CIVIL TERM MARY MARIS Defendant NOTICE OF JUDGMENT OR ORDER TO: ( )Plaintiff (xx) Defendant ( )Garnishee You are hereby notified that the following Order or Judgment was ntered against you on (xx) Assumpsit Judgment in the amount of $779.42 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent MARY MARIS 2209 CEDAR RUN DRIVE EXT CAMP HILL, PA 17011 Prothonotary Fy: PRO ONOTARY PUTY)