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Home My WebLink About09-2056 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: QF? _ 0205(0 Civ?l?erh VS. COMPLAINT IN CIVIL ACTION JOHN R HORN 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 07094361 C N Pit LXR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No JOHN R HORN 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: JOHN R HORN 11 FORESTRY RD SHIPPENBURG, PA 17257 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX2195 . 4. Defendant made use of said credit card and has a current balance due of $4328.69 , as of January 12, 2009 . 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 January 12, 2009 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1" 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 , JOHN R HORN , INDIVIDUALLY , in the amount of $4328.69 with continuing interest thereon at the rate of 28.100W per annum from January 12, 2009 plus costs. James C. a ro t,42524 WELT WEINBERG & REIS CO., L.P.A. 436 S enth Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07094361 C N Pit LXR This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. FINANCE Previous Balance Payments & Cmdits CHARGE Transactions New Balance Mlnimum Payment Due Data C$2,736 89 - Ci0 K:) Ci79 43 + $117 00 = $2,933 32 $1,033 32 Jul 06, 2007 May 06, 2007 - Jun 11, 2007 Page 1 of 1 Visa Platinum Account 4388-6415.5993.2195 Your Account Information TOTAL CREDIT LINE $1,90000 TOTAL AVAILABLE CREDIT $000 CREDIT LINE FOR CASH $1,90000 AVAILABLE CREDIT FOR CASH $000 Finance Charges(Plmsememmwfonnpmtw tmtormehon) Balance rate Period pplied to rates APR ding CHARGE a Pumhases $2,167 25 0 07712% 0 2815% $6184 Cash $616.42 0 07712% D 2815% $1759 ANNUAL PERCENTAGE RATE applied this period. 28.15% ® At Your Service 1.99090.1.3837 To core Customer Relations or to report a lost or stclen card ® Send payments to. Captd One Banc PD Bos TM Cheitdts, NC 26272-0884 PLEASE PAY AT LEAST THIS AM[AIAT Your account is sou payments behind ft we charge o8 your account due to late payments, we wit report the charged-oft status to several national credit bureaus, and the Purchase APR as reflected on the statement will be applied to all your oulslandmg balances Act now to prevent the from happening Please pay the amount due on your statement or give us a call at 1800 955.6600 We9 work with you so you can take corilml of your account and start rebuilding your credit with Capital One -Important Notice- Under the terms we previously discloaed to you, your amount is now eligible for an increase mAnr ual Percentage Raft (APRs) effective Lmmed,aWy t -ww., Capital One has elecled not to rase your APRs at this Mine Please be advised that if you fell to keep your account in good standing, Capital One reserves the 00 to raise your APRs in the future IMPORTANT INFORMATION ABOUT YOUR GRACE PERIOD ftyoupayyourbWanceinkdeveymonthby your due date, you will enjoy an interest-tee grace period of 25 days on new purchases Paying by your due date also helps you avoid late fees Please see the back of your statement for more details and thank you for your business Parmen%Credits & Adiustments Transactions 1 05 JUN PAST DUE FEE $3900 2 11 JUN CAPRALONEMEMBERFEE $3900 3 11 JUN OVERLIMfT FEE JUN 11, 2007 $3900 A Your account is 90 days past due and your Payment Projection coverage has bon suspended As stated in Send inquiries to. your Payment Protection agreement, your coverage and monthly charge wd be reinstated once your account is Cal ft One P.0 Boa 30285 Soh Lake City, UT 84130-0285 no longer 90 days past due You may still be eligible fcr benefiffi to be pad to you atxwunt to less events described n your Payment Pmtecti0 agreement. Call Stonebridge Benefit Services at 1-88&527-M to see if your situation qualifies for benefits ?' T 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 Capital One ?asalelela? 6056 506 1 7 11 070611 PAGE 1 of 1 OlDM6056 PLEASE RETURN PORTION BELOW WITH PAYMENT C?..??..??aaaa..,?.?!1?? I whats in your wallets 0 4388641558932195 11 2933320085421033329 ..oe+aws(Q' ' New Balance Minimum Payment Due Date $2,933 32 $1,033 32 Jul 06, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Endosed Capital One Bank P.O. Box 70664 ?1?91?911???11?I?aPill Charlotte, NC 26272-0664 111r11nIn/1111n11n1/111u1?n11?u1nIn11u?u1u??nr?? Account Number. 4388-6415-5893-2195 Please print address or phone number changes below using blue or black ink Address Home Phone Alternate Phone E-mail address #9016300234513114# MAIL ID NTn.1BER JOHN R HORN 577 SILOAM RD CHAMBERSBURG, PA 17201-7606 111111111111 11111111111 11111 oil uIIII nr111ills It 11n/1n1111 194361 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 PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. JOHN R HORN 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 Compl ' t in Civil Action are true and correct to the best of hiss/her knowledge, information and belie . Dated: Zt l &I ( I Edward Piotrowski A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 0 5o PA ATT`( co 38rom-'s R'T'E X31 o5 Sheriffs Office of Cumberland County R Thomas Kline r at 4 umbrr,r Edward L Schorpp Sheri C001111 j. X410 Solicitor . 4,? Ronny R Anderson Jody S Smith Chief Deputy OFFICE OF --E SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/17/2009 10:31 AM - R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant to wit: John R. Horn, 11 Forestry Road, Shippensburg, Cumberland County, Pennsylvania, 17257, but was unable to locate him in his bailiwick he therefore returns the within Complaint as not found as to the defendant, John R. Horn. Post Office advises that defendant's mail is delivered to this address, but current resident advises that defendant never resided at this address. SHERIFF COST: $33.00 April 21, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Docket No. 2009-2056 Capital One Bank v John R. Horn OF THE*-' 2009 APR 2 7 AN 11 ; 3:" DUN, ?-l PENN&IYANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONF_. BANK (USA),NA Plaintiff vs. JOHN R HORN Defendant(s) No. 09 -2056 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINi1E AND END WITHOUT PRE.IUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: .lames C. Warmbrodt, Esquire PA LD. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#7094361 CFR IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ' CIV[L DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. JOHN R HORN Defendant(s) Civil Action No. 09 -2056 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PRE.IUDICE TO REFILE TO THE PROTHONOTARY OF Cumberland COUNTY: SIR Kindly settle, discontinue and end without prejudice to refile the above-captioned matter upon the records of the Court and mark the costs paid. SWORN TO AND SUBSCRIBED COMMONVI<~~I'FI~ E3F I~~NNSYLVANIA Nobarral Seal Wayneo l1. Jones. Notary Public Clty of Pltbburgh, AliapMny County My Commissron JuM 20, 2010 Member, Pennsylv®nia Associatlon of Notaries WELTMAN, WEINBERG &REIS CO., L.P.A. By: James C. War odt, Esquire PA I.D. #425 4 WELTMA , W INBERG &REIS CO., L.P.A. 1400 Kop rs ilding 436 Seve h enue Pittsbur A 15219 (412)4 7955 before me this ~ day ~~!`~F~ QF THE PF3QT~!~^~K~TARY 20Q9 OCT -2 P~4 i2~ 57 CUM~~:~=tea a~ ~:~;~.~!'1Y FENNSYLV~tiI~.