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Home My WebLink About09-2753 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: VS. COMPLAINT IN CIVIL ACTION ROBERT A SWARTZELL 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 07039550 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 ROBERT A SWARTZELL 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: ROBERT A SWARTZELL 210 BIRCH LN CARLISLE, PA 17015 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX9875 . 4. Defendant made use of said credit card and has a current balance due of $4207.58 , as of March 18, 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 18, 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 , ROBERT A SWARTZELL , INDIVIDUALLY , in the amount of $4207.58 with continuing interest thereon at the rate of 25.100 per annum from March 18, 2009 plus costs. games C: Wa ro t, 42524 WELTMAN WEINBERG & REIS CO., L.P.A. 436 Sev th Avenue, Suite 1400 Pittsb gh, PA 15219 (412) 4-7955 FAX: 2-338-7130 070W550 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. .,?1 EXHIBIT Previous Bala ov Paymarts d, craft FINANCE CHARGE Tranwetions New Balance Itirtnaart Pryrnert $3,197.56 - $0.00 + $66.57 + $39.00 $3,303.13 $803.13 Feb. 14, 2008 - Mar. 13, 2008 Page 1 of 1 NNl@r A d Pladwft Account sus4mN1St4m Your Accowt kilibmution TOTAL CREDIT LINE $2,500.00 TOTALAVAILABLE CREDIT 50.OD CREDIT LINE FOR CASH $2,500.OD AVANABLE CREDIT FOR CASH $O.OD FFinam harges (PAM we reverse for mpormrt nformalgn) Baknce rab Pun* Oorrasporrdrg FINANCE r#Wed to APR CHARGE $3234.90 D 2530% $06.57 $000 D 7590%, $0.OD RCBRAGE RATMls pafod: AM At YourSumnke jAllms.= To ail OAkxTw Ram sorb rapat a bit criblerl oad 0 Send payme nla b: CapLmI Ors KXA),NA - P 0 Sac 7M • Mwtft, NC2t127 -M Sad kupdris to: C*WoneP0 Bak302136•SatLd1Vpry,Uf0413D-M ® Hass a question about a dirge on yotr skbanmt? Please infer b the Bli g Rghts Summary on the back of your statement or vat Due Dube Apr. 07, 2008 R EASF Wry AT Uls, -146 AMa NT Your MCDLFd 6 sak payment betwnd N WB charge off your arxanpt ?d?ie b_Tate oaymats, we wd report the cf>egad?off sMls b sevaat naborralaudit bu_w and thePud?ese APR as refisided on the sf r twill baaaoledtaal5 ou?bOdogn9 Ces. AcLncw tarxa+ent ttrsfmm gxsnng Please my tto wojt due onyarsbbmeM argwo m a cal at 1800 9656900 Wet work with you so you Ca. L40 contrd of you aooard and start rebuilding you wed win, Qpw One " Iq-M Noboe" Under the tams we preuasy ciscbsed b you, your aanu nt is now srgble for an ncresx n Amud Peroertage Rain (APRs) wedna mmsddey W #%W, CapiM One has P.Ieated not b ranee yar APRs at Ins tme. Please be adAsed that iyou rail b keep your seer n good sig. CqPltlA Ore reserves is right to raise your APRs in the fuhee Cledlbs dI Transactions 1 10 bNR PAST DUE FED ? ? Your a=unt is 90 days past de and your Payment Probeobon cv rerap has been susperdad As SbW in you Payment Protection agreemert, you cmwage and matt charge will be reaebted crnce your a=unt is no lager 9D dsys past ds. You may aril be efgble for barnefits to be pad b your wcDunt for bes glare desabed in your Paynnert PmIsdion a greernat Cal Stonebndge Berwfit Savices at 1bBB.ra2 -M to see If your snhrehon quePies for berieft Your W=rt has gale Mier Its aunt kit. To avoid adihord me" fees, please pay 000 to brn9 you bahnce t:elow your credit lent mmedeft, and make are you remain below your aedt In t Please be sure b accent for any fuhna purchases, foes, and franoe changes You were assessed a past de fee becase you minimum payment was not recenved by the de date To Mid the fire n the fuhre, we recommend Vied you alav at least 7 busrm days for your mrsmum payment b ma oh CEgxW One PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WVWV.CAPITALONE COM TO MARE YOUR PAYMENT ONLINE 0 5178052181919875 13 3303130148000803130 oW what's in your wallet?` New Balance MMimam Payment Due Date $3,303.13 $803.13 Apr. 07, 2008 PLEASE PAYAT LFA5T THISAMOUNT Amount Endosed c::= Box 0 7o664 1usA>,NA n?I? P.O. Charlotte, NC 26272-0664 Account Number: 5179-0521-8191-9875 Please Print address a phone number dings blow Lang bkie or blade ir* lanrro Hrwlr yAymya ?,a E,mrursa{fes ? #9007412131328511# MAIL ID NUMBER ROBERT A SYARTZELL 210 BIRCH LN CARLISLE, PA 17D15-7650 wllLnl??rnur??I?I?r?nr??n?n?r?a??nnu????nu?r?r? 139550 Please write your amount number on your dmck or money order made payable to CapiCal One Bk(USN,NA and mail with tars coupon in the endowed wmiope. CAPITAL ONE BANK (USA), N.A., Plaintiff, V. ROBERT A SWARTZELL Defendant(s). VERIFICATION The undersigned does hereby.verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that he/she is an authorized agent of CAPITAL ONE BANK (USA), N.A., Plaintiff herein, and that hel$he 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: Z /J 9 //) Lauren Pinkston A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 'J b3 q60 CD FLED_. ' C TE Tv .W ZM3 NAY -I PA 2: 33 V4 N .- w ° ? 118. z ?.(- 11 CKFM £?E3C9?B I ?- .2-2y9o7 Sheriffs Office of Cumberland County R Thomas Kline 4 „ip of C't ftb,,g44# Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFF,C E -,-E w--RIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/29/2009 10:55 AM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that on March 29, 2009 at 1055 hours this Complaint and Notice upon defendant Robert A. Swartzell is returned not served Complaint has expired. SHERIFF COST: $32.50 June 01, 2009 SO ANSWERS, f R THOMAS KLINE, SHERIFF 2009-2753 Capital One Bank V Robert A. Swartzell