The URL can be used to link to this page

Home My WebLink About09-2758 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. TRACY ALLARD No : c5Q - a7.J S 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 07142354 C N Pit CFR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. TRACY ALLARD Defendant Civil Action No 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: TRACY ALLARD 101 SYCAMORE DR MOUNT HOLLY SPR, PA 17065 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX5286 . 4. Defendant made use of said credit card and has a current balance due of $3659.17 , as of March 06, 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 25.100% per annum on the unpaid balance from March 06, 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 , TRACY ALLARD , INDIVIDUALLY , in the amount of $3659.17 with continuing interest thereon at the rate of 25.1000 per annum from March 06, 2009 plus costs. James C. rmbrodt,42524 WELTMAN W INBERG & REIS CO., L.P.A. 436 Sev nt Avenue, Suite 1400 Pittsb rg , PA 15219 (412) 34 7955 FAX: 12 338-7130 0714 5 C N Pit CFR This law firm is a debt collector attempVng to collect this debt for our client and any information obtained will be used for that purpose. EXHIBIT Previals Batirttx Paymatks & Cnadks FlNAN(31pLR(iECE Trarwacfiores Now Balance Mirlirtatm PRynlertt Due Date $2,889.34 - $O.t>D + $63.49 + $3g.0p = $2,941.83 $741.83 May. 09, 2008 Mar. 14, 2008 -Apr. 14, 2008 Page 1 of 1 Via PYfinum Account 43N•14t1biV42l1 Your A eoount Inibm adon TOTAL CREDIT UN E $2200.00 TOTALAVAILABLE CREDIT $0•00 CREDIT LN4E FOR CASH $2,200.00 AVANABLE CREDIT FOR CASH $0.00 Charges (Please we reverse for Important informehon) FinBrlCe Bdvm rate Perocic Comrspondrx3 FINANCE applied to rate APR CFIAm purdwes $2,879.64 0.0689096 D 2519% $63 49 Cash $0.00 0.06890% D 25.19% $O.OD ANNUAL PQtt30iTAGE RATE appled the purrbd: 25.1976 Q AtYow&wike 140040"W To A Oisdra' RokeDworb report a bet or chin cad ® SwidaynMrrt<III: Cupid Oro BIQU67 ,h1A • P 0 Hoc 70884 - Chub, NC2RI7 -M Spit Inquirlm M: Capital Ow P 0 Bic3D7B6•SalLd®Ory.1n84130.0?B6 F- FASE M AT LFAS"N6 AVOI NT Your accounts sox paynelis behind Kwe maw off your =ount die to ble paymads, we wd report the ctra? status to several rebore! aertit bureass and the Pudese APR as Vbcted on Lhs statement will be amisd to all your outstai n oalarrces Act nor to prevent this from 'Feppenng Please pay the amowt due on your statement or gyve us a cal at 1800 966.660D Wel wore with you so you can take cadrd of you aanwt and sLa!t n#nnii r9 you =* with Capital One 'Imparted Notice" Urdar the terms we p vAw* dsclaaed to yw, your aowwt s Harr eigi>te for an rucrase n A nual Peruer6ge Rates (APRs) effechre mmedscl* fbvmvur, Capital One no elecled not to rase your APRs at Drs Ina. Please be mMsed ttai i you fail to keep your w ount on good standrry, Coprtal One reserves the rght to rase your APRs in the fu6tre. °„?riteats Credits du AdustMents Transactions 1 07 APR PAST DUE FEE $3D 00 Your a=nt has gone over is as& fond. To mW addmon al overlind fees, please pay awgh to brig your balance bWN your oredt Imd mmecialefy, are make we you renuan below your aedt W Please be sue to amount for any Un puohases, lees, and fr erica chages You were assessed a past die fee because your mnrrrm payment was not r mwW by the We date To avid this fee in the future, we recommend that you abw at least 7 business drys for your mn rum payment to reach Capital One ® Hare a 9iamillion about a dirge On Your ahrbfl-V Please refer to the Burg RrglTls Summaryon the biotic of your sitberrent or vsi PLEASE RETURN PORTION BELOW WRH PAYMENT OR LAG ON TO NNWY.CAMAIANE.COM TO MAKE YOUR PAYMENT ONUNE 0 4388641651275286 13 2941830061000741838 AP1'°o' what's in your wi;140'. New Baianm Minimum Payment Due Date $2,941.83 $741.83 May. 09, 2008 PLEASE PAY AT LEAST THI5 AMOUNT Amount Endosed C?? Capital One Bk(USA),NA P•0• Box 664 Charlotte,70NC 26272-0664 loll IIIIII Account Number: 4388-6416-5127-5286 Place print address or phone number dirges below using bile or black K Nrome Prone Alavrrrue More E,maaratfrrs #9010669D47941084# MAIL ID NUMBER TRACY ALLARD 101 SYCAMORE DR MOUNT HOLLY SPRINGS, PA 17065-1620 42354 Please write your a=urit number on your dledc or money order made payable to Capital One Bk(USA,t,NA and mail with this Coupon in the enclosed envelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. TRACY ALLARD 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. ? / 2q/oq Dated: J _+ Lauren Pinkston A049 WELTMAN, WEINBERG & REIS CO., L.P.A. (2) . i4 r FILED T; r X78 . sd ?cL- 94? CK? 39i?5G88 f?''?' aWS78 Sheriffs Office of Cumberland County R Thomas Kline Qtiti?tr at C"Irbrrj Edward L Schorpp Sheriff ` 40 Solicitor 'R t`Ronny R Anderson Jody S Smith Chief Deputy orricF ` 1 S"ERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/04/2009 09:30 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on May 4, 2009 at 2130 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Tracy Allard now known as Tarcy Durf, by making known unto Tracy Durf personally, at 200 Walnut Street, Apt. 1, Boiling Springs, Cumberland County, Pennsylvania, 17007 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $32.50 SO ANSWERS, May 06, 2009 R THOMAS KLINE, SHERIFF Docket No. 2009-2758 Capital One v Tracy Allard. Deput herif n ? O Z) _ r c? rn '1 _Y?J r 7 T" (v ?"'' r?4'i te' ` . ,r a ILO K