The URL can be used to link to this page

Home My WebLink About09-1118 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: cA - ?I18 Ctvit Tet-m VS. COMPLAINT IN CIVIL ACTION MELANIE VAUGHN 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 07081311 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 MELANIE VAUGHN 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 cl4im or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD 'FAKE 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 WTH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIG BLE 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 r 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: MELANIE VAUGHN 367 MAPLE LN CARLISLE, PA 17015 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX9534 4. Defendant made use of said credit card and has a current balance due of $5018.55 as of December 09, 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 December 09, 2008 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 111" and made a port 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 , MELANIE VAUGHN , INDIVIDUALLY , in the amount of $5018.55 with continuing interest thereon at the rate of 28.100% per annum from December 09, 2008 plus costs. fames c. WELTMAN, 436 Seven Pittsbur (412) 43 FAX: 41 - 0708131 This law firm is'a debt collector attempti our client and any information obtained will rodt,42524 I BERG & REIS CO., L.P.A. /venue, Suite 1400 A 15219 5 8-7130 N Pit CFR to collect this debt for be used for that purpose. EXHIBIT 181311 FINANCE Previous Balance Pliliments 8 Credits CHARGE $3,324 27 - ; $0 00 + $96 40 May 20, 2007 - Juo 25, 2007 Page 1 of 1 Visa Platinum Account] 4862.36242694.9534 Your Account Infom`ation TOTAL CREDIT LINE' $2,65000 TOTAL AVAILABLE CEDIT $000 CREDIT LJNE FOR H $2,65000 AVAILABLE CREDIT C CASH $000 Finance Charges (Plealse see reverse for Iffp0rt8mt information) Balance ra Periodic Conespahding FINANCE appled t rare APR CHARGE Purchases $3,378 007712%D 2815% $96.40 Cash $0 007712%D 2815% $000 ANNUAL PERCENTAGE *TE applied this period. 28,15% ® At Your Service 1 8 903.3637 Toed Customer Relorto report a lost or stolen card Transactions New Balance Minimum Payment Due Data ?+ $78 00 = $3,498 67 $848 67 Jul 20, 2007 PLEASE PAY AT LEAST TH5 AMIAAT Your account is six payments behind K we charge off your account due to late payments, we will report the charged-o8 status to several national credit bureaus. and the Purchase APR as refieoled on the statement will be applied to all your outstanding balances Act now to prevent ft from happening Please pay the amount due on your statement or give us a call at 1600 955.8600 Well work with you so you can take control of your account and start rebuilding your credit with Capital One -Important Nob&' Under the terms we preNously 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 the time Please be advised that if you fad to keep your account in good standing, Capital One reserves the right to raise your APRs in the future IMPORTANT INFORMATION A80UT YOUR GRACE PERIOD N you pay your balance in tut every month by you due data, you well enjoy an ntarest-free grace period of 25 days on new purchases Paying by your due date also helps you avoid late fees Please see the back of you statement for more details and thanit you for you business Payments, Creft 8 Adjustments Transactions 1 19 JUN PAST DUE FEE $3900 2 25 JUN OVERLIMIT FEE JUN 25, 2007 $3900 Box 70884 Charlotte' NC 28272-0884 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 A Send Inquiries to. Capital One Capital One P 0 Box $0285 Salt Lake Cay, UT 84130-0285 6056 506 1 7 25 070625 PAGE 1 of 1 OlDM6056 PLEASE RETURN PORTION BELOW WITH PAYMENT ® Send payments to. CepitalOreBeNt POI 0 4862362428949534 25 3498670156000848671 ?°/?'•°'V!!V"I t4hat'smyourwalkV Account Number. 4862-3624-28949534 New Balance Minimum Payment Due Date Please print addressor phone number changes below using blue or black mfr C$3,498 67 C$848 67 Jul 20, 2007 g°ldreu (PLEASE PAY AT LEAST THIS AMOUNT Herne Phone gaemate Phone E-mail address (9 Amount Endos?d #9017795960151808# MAIL ID NUMBER MELANIE VAUGHN 367 MAPLE LN r? CapitaP.O. l Box One Be 70884 k CARLISLE, PA 17015-7824 I'(III'1I111111II1Illllllllllllllllllllllllllllll0'rill'( Charlotte, NC '8272-0884 III1 ?nlrllnlurlrllnrlu?rlllutlulElnlalullulnlullnrll Please write your accodpt 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. MELANIE VAUGHN Defendant(s). VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsificat,ion 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 thaGt the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and lief. Dated: Zoe? Jam' illiams A049 WELTMAN, WEINIBERG & REIS CO., L.P.A. 3 p 0 C-? r ? ?_ ' i (? 1w ? ._ a r ' . f_?t r -.. -- SHERIFF'S RETURN - REGULAR CASE NO: 2009-01118 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA N A VS VAUGHN MELANIE 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 VAUGHN MELANIE the DEFENDANT at 367 MAPLE LN , at 0016:15 HOURS, on the 26th day of February-, 2009 CARLISLE, PA 17015 by handing to MELANIE VAUGHN 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 Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 5.40 or?a?,Oop` .00 40 10.00 R. omas Kline .00 33.40 02/27/2009 WELTMAN WEINBERG & REIS By: day Deputy Sheriff A. D. I S.46 r dl* w It IN THE COURT OF COI1IMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA II CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. No. 09-1118 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE MELANIE VAUGHN Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T Molczan, Esquire PA I. D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#07081311 IN THE COURT OF CC CAPITAL ONE BANK (USA),NA Plaintiff vs. MELANIE VAUGHN Defendant P ANC TO THE PROTHONOTARY OF C SIR: Settle, Discontinue and Ei prejudice to refile and mark the ci MON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 09-1118 CIVIL TERM BERLAND COUNTY: the above-captioned matter upon the records of the Court without paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By Attorney for Plaintiff 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#07081311 SWORN TO AND SUBSCRI before me this day of ARY COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jennifer M. Borowski, Notary Public City of Pittsburgh, Allegheny County My Commission Expires Feb. 22, 2012 Member, Pennsylvania Association of Notaries FILED-t,:r; OF THE P AO 2009 APR -9 AM 11: 37 ?"q iP n t I''F ??t`v?`s Ir AflllllA