The URL can be used to link to this page

Home My WebLink About09-1089IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: 0"w (?PK VS. COMPLAINT IN CIVIL ACTION CINDY L NOBLE 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 07039362 C N Pit CFR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No CINDY L NOBLE 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 b 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: CINDY L NOBLE 58 N 9TH ST LEMOYNE, PA 17043 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX8993 . 4. Defendant made use of said credit card and has a current balance due of $1346.02 , as of December 12, 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 28.1009.- per annum on the unpaid balance from December 12, 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 , CINDY L NOBLE , INDIVIDUALLY , in the amount of $1346.02 with continuing interest thereon at the rate of 28.1001 per annum from December 12, 2008 plus costs. James C. WELTMAN, 436 Seve Pittsbu (412) 4 FAX: 4 2 070393 2 This law firm is a debt collector attempt our client and any information obtained w a ro t,42524 INBERG & REIS CO., L.P.A. t Avenue, Suite 1400 PA 15219 7955 38-7130 C N Pit CFR to collect this debt for be used for that purpose. EXHIBIT FINANCE Previous Balance Payments 6 Credits CHARGE Transactions Now Balance Minimum Payment Duo Dab $684 23 - $0 00 + $17 11 + $29 00 = $730 34 $230 34 Mar 18, 2007 Jan 19, 2007 - Feb 19, 2007 Page 1 of 1 PLEASE PAY AT LEAST TMi AWMAT Platinum Account You're behind by tree payments That mews you are temporarily unable to make new purchases or get cash MasterCard MasterCard Plata 1 advances. But you can regain your Capital One carping privileges and bring your account back into good standing by paying the amount due on your statement If you're having Bnar sal difficulties and you% feeling Your Account Information overwhelmed • we want to help Give one of our associates a call at 1 800 955 6600 You'd be surprised what we can do togetar to work this out TOTAL CREDIT LINE $50000 TOTAL AVAILABLE CREDIT $000 CREDIT LINE FOR CASH $50000 AVAILABLE CREDIT FOR CASH $000 Finance Charges (Please see reverse for important Information) Baappliedm Pedro Corresponding CFHAARRGE APR Purchases $693.37 007712%D 2815% $1711 Cash $0 00 0 07712% D 2815% $000 ANNUAL PERCENTAGE RATE applied this period. 28.15% At Your Service 1.800.903.3637 4 To Cw Custarner Relatais a to raport a lost ..to. Cart ® Send payments to, Capita One Bank P.0 Bar 70864 Charlotte, NC 28272-CM A Send inquiries to. Cepaal One P 0 Box 30285 Sat Lake City, UT 84130-0285 Payments, Credits & Adjustments Transactions 1 19 FEB PAST DUE FEE $2900 Under terns previously disclosed to you, some or all of your Mnual Percentage Rates (APRs) have been increased since your account was past due twrw in the past 12 billing cycles If your rates have already increased, subsequent delinquencies extended to duration of the increased rates Remember If we receive your mnimun monthly payment on time for 12 consecutive tilling cycles, this account will be reviewed for a possible relum to your Non•Inboduclary APR You were assessed a past due fee because your minimum payment was not received by the due data To avoid this fee in Me future, we recommend chat you allow at least 7 business days for your minimum payment to read Capital One "' Please Note "' Some of to terms of your account are changing Please read the enclosed notification 6056 506 1 7 19 070219 PAGE 1 of 2 01BC6056 PLEASE RETURN PORTION BELOW WITH PAYMENT /?,??q,??!?,_,, I 0 5178052625378993 18 0730340025000230340 ?Ola'•OaV/K'` what'smyour wallet) New Balance Minimum Payment Due Date C$730 34 $230 34 Mar 18, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Endosed Capital One Bank P.O. Box 70684 Charlotta, NC 26272-0884 111111111if 1III oil I1111111111If 1111111111I1if 111111111111111oil Account Number: 5178-0526-2537-8993 Please print address or phone number changes below using blue or black ink Address Hone Phone Alternate Phone E-mail address Q •1005148791316053# NAIL ID NUMBER CINDY L NOBLE 126 SARAN CT LEWISBERRY, PA 17331-1511 7039362 Please write your account number on your check or money order made payable to Capital One Bank and mad with this coupon in the enclosed envelope ti PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. CINDY L NOBLE 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. -:7 n r Dated: ?- ?- Ottis Coward A049 WELTMAN, WEINBERG & REIS CO., L.P.A. f" we?- Y o V a b f ? _ Vr SHERIFF'S RETURN - REGULAR CASE NO: 2009-01089 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA N A VS NOBLE CINDY L STEVE BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon NOBLE CINDY L the DEFENDANT at 58 N 9TH ST at 1915:00 HOURS, on the 25th day of February 2009 LEMOYNE, PA 17043 JOHN NOBLE, HUSBAND OF CINDY L NOBLE by handing to 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: So Answers:, Docketing 18.00 ? Service 14.40 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 42.40 02/26/2009 WELTMAN WEINBERG & REIS Sworn and Subscibed to By: ??, z before me this day Deputy Sheriff of A. D. ?-,, -r-S ,' ? s't ?='" ..may ?? N ._,? .: ?_ _>^r E t?? '? ?..5 ?,;. f .. ' l-U? ICE ` F E 'R0TH0N0TA,F 2011 APR - I PM 1:0-; ' WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Sarah Ehasz, Esquire I.D. No. 86469 436 Seventh Avenue, 1400 Koppers Bldg Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 7039362 NPE CAPITAL ONE BANK (USA),NA vs. CINDY L NOBLE CUMBERLAND COUNTY PE NSYLVAHJA Attorney for Plaintiff(s) Cumberland County Court of Common Pleas No.: 09-1089 CIVIL TERM PRAECIPE TO DISMISS WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY: Kindly dismiss the above matter without prejudice to refile. WELTMAN, WEINBERG & REIS CO., L.P.A. By Sarah Ehasz, Esqui Attorney for Plainti