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Home My WebLink About09-2759F .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: oQ - .x7s vs SCOTT A FOX 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 06993745 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 SCOTT A FOX 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 I, 1, 41 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: SCOTT A FOX 150 GETTYSBURG PIKE MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX6836 . 4. Defendant made use of said credit card and has a current balance due of $2112.61 , as of March 19, 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 25.900% per annum on the unpaid balance from March 19, 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 , SCOTT A FOX , INDIVIDUALLY , in the amount of $2112.61 with continuing interest thereon at the rate of 25.900 per annum from March 19, 2009 plus costs. James C Wa ro t,42524 WELT WEINBERG & REIS CO., L.P.A. 436 Se th Avenue, Suite 1400 Pitts u gh, PA 15219 (412) 34-7955 FAX: 2-338-7130 069 45 C N Pit CFR 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. EXHIBIT Previous Baknoe Cndlls FINANCE "IME Tranowd" Now Balanco Minimum Payment Due Oats $1,536.15 - $0.00 + $35.02 + $38,00 = $1,610.17 $610.17 Mar. 18, 2006 Jan. 23, 2008 - Feb. 22, 2008 Page 1 of 1 Yka PhUnum Account 4W&xzkV234W Your Account kdomladon TOTAL CREDIT LIPS :1,000.00 TOTAL AVAILABLECREDfr $0.00 CREDIT LINE FOR CASH $1,000.00 AVAILABLE CREDIT FOR CASH $0.00 INIM ChOW (Please use reverse forinpa tan information) 8111131101 11`11111 Perodo Corresponding FRANCE *Pked to rale APR CHARDE pudv es $1,E9OA5 007233%0 26.40% $2444 Cash $D OD 0.07233% D 26.40% $0.OD Spacraffrns $47170 0.01233% D 26.40% $102 ANIMAL PfRCBtrAOE RATE applad Utla period: 28.40Y. AtYotrSerika 1?ODeQ3697 Tood ommor%mono orbmw o btw omen cad 0 Sand payswb b: CA*OneBait•P0.Bak70584•Clablb,HCZ M-M A SadkwAm ato: G*WOrw P D. Boor 30486 • Set Ldo W,, Lrf 841300786 ® HIM aquestion about adaagaonyorradbmst9 Pbm referb the Blkg Rphte Sunmwy m Ne beck of your fth rnerit or visit P fAS1 MV AT LFAS' -HIS A%40! 141 Your aoautrt a ex Daynenfe behind Ifwe charge off your amount due to to reymons, we yd repot the dtagedof status to several re" credit bureau and the Purchase APR as 4mcted on this stet arrant wil be wDW to al your outstanding batences Act now b wevent this from nappenng pwme ow the anount due m your statement or gore us a cal at 1600 9%6600 We'1 wore won you so you can take contrd of your amount and stilt rebi"Yj you credit wth GggW One -Importent Nbtod° Under the farms we prevorefy ?cloaed to you, your arrant a ray ti g for an rtcmme n lvnal Perbrtege Rats (APRs) aRecbm rnrtediately Have aw, Ga ifel One has elected not to race you APRs at Use trno. Please be adnsed Cart I you fat b Items your amount n good starring. Capital One reserves the right to raw your APRs in the future. PMMM*. Credits & AdViO enis TRUM08ctlof s 1 16 FEB PAST DUE FEE $3D.00 You were mussed a past duo fee because yon narrum payment was not moarved by the die ddo To avoid the Teo in the futue, we femmirna d that you elan W W 7 Maness dws ter you mirmun payment b reach C*M One. PLEASE RETURN PORTpN BUDW WITH PAYMENr OR LOG ON TD MM CAPITALONE.COM TO MAID: YOUR PAYMENT ONLINE "jwftwow what's in your wallow New Balance Minimum Payment Due Date C$1,610.17 $610.17 Mar. 18, 2008 PLEASE PAY AT LEAST THIS AMOUNT Amount Endosed 0 4862362235236836 22 1610170100000610173 CaPLtal Orn Bank P.O. Box 70664 Charlotte, NC 26272-0664 Account Numbeir. 4862.3622-3523.6836 Phase print address. or phone number dtanges below using tike or black ink #900544394361348707 MAIL ID NUMBER SCOTT A FOX 690 DARTMOUTH ST APT 86 HARRISBURG, PA 17109-6439 6993745 Please wfb amount number on your your ctedt or money order made payable to Capital One Bank and mail with this oxtport in the encased envelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. SCOTT A FOX 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. Dated: Lauren Pinkston A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 3q aq Cis FEf " 1 '?f- E .-,r ?tr? r5 S.Ir 7..'•,? ... i i. ?I .. v . . Lv t t 5 -' ??f 2.54 t ? .. I Tie - S-0 ?A-P4 ??? 3YL S43`? i'? a;?qs7? Sheriffs Office of Cumberland County R Thomas Kline ?4titp ofar+nGcr?,? Edward L Schorpp Sheri Solicitor ,7 Ronny R Anderson Jody S Smith Chief Deputy T?E firERWF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/0412009 06:44 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on May 4, 2009 at 1844 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Scott A. Fox, by making known unto Scott A. Fox personally, at 150 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania, 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.90 SO ANSWERS, May 06, 2009 R THOMAS KLINE,'SHERIFF Docket NO. 2009-2759 Capital One v Scott Fox 4Zuty Sher f n r-.a C ? " -N3 - - - - co ? , y C') s1