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Home My WebLink About09-4216 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: Oq - yallp C?4V?i T?rft VS. COMPLAINT IN CIVIL ACTION DANIELLE EBY 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 07286918 C N Pit K:MJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, ]PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No DANIELLE EBY 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: DANIELLE EBY 11 HIGHLAND DR CAMP HILL, PA 17011 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX1073 . 4. Defendant made use of said credit card and has a current balance due of $4259.46 , as of May 22, 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 24.900% per annum on the unpaid balance from May 22, 2009 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 11111 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 , DANIELLE EBY , individually , in the amount of $4259.46 with continuing interest thereon at the rate of 24.900% per annum from May 22, 2009 plus costs. f ame s u. WELTMAN, 436 S/12 Pitts(412) FAX: 07286 This law firm is a debt collector attempt/ our client and any information obtained wil ar ? t,42524 EINBERG & REIS CO., L.P.A. Avenue, Suite 1400 PA 15219 7955 38-7130 C N Pit KMJ to collect this debt for be used for that purpose. EXHIBIT Pra+AuNm Balance P FINANCE aymerts & Credits CHARGE Transaction New Balance Mini num Payment C$3,242.70 - $ I. $69,47 + $39,0p $3,351.17 C $531.00 May. 06, 2008 -Jun. 05, 2008 Page 1 of 1 Vlea Platinum Account 4Y117417,-1073 Your Account Information TOTAL REVOLVING CREDIT LINE $2,500,00 TOTAL AVAILABLE REVOLVING CREDIT $000 CREDIT LINE FOR CASH $2,50000 AVAILABLE CREDIT FOR CASH $0 00 Finance ChUM (Please see reverse for wportat nbmsbn) Balance rate Parodic Corresponding FNANCE *Phed b rule APR C"ARGE Purdsses $3,284.92 0.05822%D 2490% $6947 Cash $0.00 0.060872% D 249D76 $0.00 ANNUAL PERCENTAGE RATE aPPAW tits Period: 24.109: Q At YourSairice 1aNt967070 Tocol O.xb. RoMorc orb repot. Wr .U. cad Said psyn allb b: Clout Ors WJSA),NA-PD Bpr 70884-Chu bt*, NO 28 nafl4 A Send h qutiss to: Cut" Drw P D B K MM -Sd L" city, Ur 84130-M ® Have a qla dlon about a churga on your aNmmmt7 Phase refer b the Billing Rights Summary onto back ofyou ststenent or visit Due Date Jun. 30, 2008 wense ked wcr AT rFasr nssah?anr Youfre Wind by five paymerts WeW perrcnnenlfy revo your Chagrlg PfMleges If you oaNnue to truss F$yments your scant is at risk of being charged off Please cbnl let this happen If yodre feeling arerwhei ned, call us at 1 800 956 6500 We7 work wdh you to resolve this matter "Important Notcr LJnJar the forms we prewa* disclosed to you, Your aoarnl s now eligible br an increase n Mrrual Percentage Rates (APRs) effective mmeialey However, CLplal One has elected not b rasa yar APRs at Ors tme Please be a&med fuel tyou fai b keep your a=Lr t n good stardng, Cpl One reserves to right b rase your APRs in the fit" Pments. Credits dr Transal?ions 1 30 MAY PAST DLIE FEE 839.00 Your account is 90 days pest die and your Payment Probactier cwarage has been suspended. As stated n your Payment Protection agrearne t, your c mage and Mort* chage will be Wetted once you account is no lager 90 clays pest due You may a be efgble fa balefnts to be pad to your amount for loss events described in your Payment Pnvtacbon agreement Gal Stanebridle Beak Servos at 188577 M b see dyorr situation quelfea for benefits You -nt has gone wer ibs aa* hirnt To amd adit W a,erkrat fees, please pay wao to burg your balance below your .edit knit mmedetely, and Melee sure you wren below your=2Ime Please be sue b wcout for ary h4we purchases, few, and trace rdrages You were assessed a past die fee because your mawrun peyrrert was not received by the dus date To %od this fee n the future, we recommend flat you albw at least 7 hum days for your mrwnun payment to roc Capitol One PLEASE RETURN PORTION BELOW WrfH PAYMENTOR LAG ON TO WVWV.CAMfALONE.COM TO MAKE YOUR PAYMENT ONLINE C--*J ,?? 0 4121741723271073 05 3351170100000531007 ?-?yi.rsar?$e° what's in your wallet?" New Balance Minimum Payment Due Date $3,351.17 $531.00 Jun. 30, 2006 PLEASE PAY AT LEAST THISAMOUNT Amount Endosed , P.OO. Boxe708!!4(USA),NA Charlotte, NC 28272-0884 7286918 irrirurrirrrirurrrirririur,rirrieirrirrirrnrrirrirrurrru Account Number. 4121-7417-2327-10'73 Please Print address or Phone number dvrges below, using blue or black ink lA,rn RIOM AMormte Plrorre £,rrmiff rra #9015847247410150# MAIL ID NUMBER DANIELLE EDY 11 HIGHLAND DR CAMP HILL, PA 17011-7514 nrllinrl11nun11ur111nr[r111rnr11rhn1nr1hmIII nIII Please write you account number on your died( or money order made payable to Capital One Bk(USA),NA and mail with this coupon in the enclosed erwelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. DANIELLE EBY 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 th4t 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: a b s M'u Shawn Wood A049 WELTMAN, WEINBERG & REIS CO., L.P.A. Q ly c'U4r? 4 '78 . So Po ATrj CV,-* L1040 129 1 ,fir Aarlo3q Sheriffs Office of Cumberland County R Thomas Kline ?ytitr at +rrareirr?r?i Edward L Schorpp Sheriff d. Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE C,F 'hE =-ERIFF Civil Process Sergeant Capital One Bank (U.S.A.) N.A. vs. Case Number Danielle Eby 2009-4216 SHERIFF'S RETURN OF SERVICE 06/30/2009 06:31 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on June 30, 2009 at 1831 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Danielle Eby, by making known unto herself personally, defendant at 11 Highland Drive Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 July 01, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF "- Deputy Sheriff C-) N ,_. l