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Home My WebLink About09-4218IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: ( - 14A Onv vs. COMPLAINT IN CIVIL ACTION MATTHEW S SHUE 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 07277406 C N Pit KMJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No 0 MATTHEW S SHUE ` 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: MATTHEW S SHUE 929 FORBES RD CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX1347 . 4. Defendant made use of said credit card and has a current balance due of $3319.59 , 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 24.9006 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 , MATTHEW S SHUE , individually , in the amount of $3319.59 with continuing interest thereon at the rate of 24.900% per annum from May 22, 2009 plus costs. James C Wa ro ,42524 WELT WEINB G & REIS CO., L.P.A. 436 Se e th Avenue, Suite 1400 Pitts ur , PA 15219 (412) 43 -7955 FAX: 412 338-7130 072 740 C N Pit KMJ This law firm is a debt collector atteng to collect this debt for our client and any information obtained will be used for that purpose. Previous Bdaince P 14 Credits ay?n? FINANCE CHARGE Transactions; New Balance Minimum Payment Due Date $2,623.73 - $0.00 + $56.24 + $39.00 $2,718.97 $466.00 Aug. 26, 2008 Jul. 02, 2008 - Aug. 01, 2008 Page 1 Of 1 f MadwCard Phillimarn Account 917BA6Z0.6151.1947 Your Account lnforriudon TOTAL CREDIT LINE $2,000.00 TOTAL AVAILABLE CREDIT $0,00 GREDIT LINE FOR CASH s2,000.00 AVAILABLE CREDIT FOR CASH $0.00 PlMPAYATLFA9TR3AM0 NT YoUre behed by sx payments If we charge off you account die to late or missed payments, finance charges will tontine to aca ie Ad now to prevent this from happening Please pay the mnmum payment amount on your statement or give us a cal at 1 800 955 66M Were here to help Take control of your crack wAh Capital One "Important NOW' Under the terms we Previously disclosed to you, you socaxd is wN elgble for on increase n Annual Percentage Rates (APRs) effective rtn edel* I owaw, Capital One has elected not to rasa your APRs all this time Please be advised that if you fag to keep your account in good standing, Capital One reserves to right to raw your APRs in the Futre Finance Charges (Please ass reverse for imporlert information) Payments. Credits d Adius6nents Bale ce rare Perodc Comaspond g FaiANC Trensattiolrs apto rare APR CHARGE purchases 57 0.0682296 D 24.9096 $33.51 1 25 JLL PAST DUE FEE S3B.00 Cash 00 0.08822% D 24.90% 273 SpeaelT ours ,.99 0.(16822% D 24.90% $22.73 Your account has gone am is aa* Emit. To avoid add" overfmt fees. please pay enough to bring ANNWLL PFRCQ4fAGE RATE ap ute parlod: 2&M vi balance yodit , Y below +ae limit mmadekey and md(e sue you rartein Delon you crack limit Please be sue to account for any frAure purchases, fees, and fnarce charges ATh At Your sarvko . Gob mmoichibnazom to womit, You were assessed a past die fee because your mrmun payrrent was not received by the due dsfe To - or Cot t brepotabetaetobn cadab antomer avoid this fee in the future, we m oonmend that you slow al least 7 business days for your minimum R payment to reach Capital One 0 Pay Online at Mep for rrelyarpapmt b: 1(?I Ce One Bak (USA), NA • P 0 Bar 7OBB4. Oardb, NO SKW k pdrba to: CeptelOe•PO Borr3DM•SdLdeCly,L1T84130.p7g6 ® Hive a quellon about a charge on your statement? EXHIBIT Please refer b the Billing Rights Sunmary on the bad( of your srelenert or vest www.ceoilelone.oan/daoutes J PLEASE RETURN PORTION BELOW WITH PAYMENT OR LAG ON TO WWNCAPTTALONE.COM TO MAKE YOUR PAYMENT ONLINE 0 5178 052681511347 01 2718970050000466009 Cep11111afOf7e what's in y wr war nth" Account Number. 5178-0526.8151-1347 NeW Balanee NUnlmum Payment Due Date Please print address or Phone number changes bebty,rnng btre or brad ink $2,718.97 $466.00 Aug. 26, 2008 PLEASE PAY AT LEASE THISAMOUNT Horne Pliarre A/lrns? K E,msdsatsrs Amount Enclosed #9021579432336195# MAIL ID NUMBER MATTHEW S SHOE Capital One Bank (USA), N.A. 924 FORBES RD CARLISLE, PA 17013-1722 P.O. Box 70864 Charlotte, NC 2&272-0664 '?I''?1?'IIII1111.Ilrll"I''III'Il'I.r.?l??l,lll.lllll?l'1"?Il 7277406 Il?l?lllllhll'u?II'Ilul?l?ll?llllllal?Ill'1?'?'II?I?'lll?I'1? Please write your a=unt number on your payment made payable to Capital One Bank (USA), NA. and mail with this coupon in the endosed envelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. MATTHEW S SHUE 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 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,2 G Shawn Wood A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 0 f?I L' 2') ri f-= *1 T. 5o Po A7-W 0-0 406188a Rx* aa,f704 3 Sheriffs Office of Cumberland County R Thomas Kline ??ti?tita of C'ltttrbrEdward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy OF `JL?:E OF T -F $"MFF Civil Process Sergeant Capital One Bank (U.S.A.) N.A. Case Number vs. hew S. Shue I 2009-4218 Matt SHERIFF'S RETURN OF SERVICE 06/29/2009 02:55 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on June 29, 2009 at 1455 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Matthew S. Shue, by making known unto Sherry Short, adult in charge at 929 Forbes Road Carlisle, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $33.84 June 30, 2009 SO ANSWERS, R THOMAS KLINE, SHE (RIFF -ed Deputy Sh if C7 `" ?c_ G._ C, rn 9- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. MATTHEW S SHUE Defendant(s) No. 09-4218 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITH PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. 442524 WELTMAN, WEINBERG & REIS CO., L.P.A 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7277406 BNT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 09-4218 CIVIL TERM MATTHEW S SHUE Defendant(s) PRAECIPE TO SETTLE DISCONTINUE AND END WITH PREJUDICE TO REFILE !'O TIIE PROTHONOTARY OF COUNTY: Settle, Discontinue and End With Prejudice to Refile the above-captioned matter upon the records of the Court and mark the costs paid. Sworn to and subscribed Before me the Co Day of of N'OTAR PU I WELTMAN, WEINBERG & REIS CO., L.P.A. By: JamV#425 PA IWE140436 Pitt sbur A (412)4 -7955 WWR#7277406 trBMMNotarial seal Wendy L. Gault, Notary Public t; ity of Pittsburgh, Allegheny County Commission Expires July 15, 2010 Penlvania Assoaon 0Notaries Esquire & REIS CO., L.P.A enue 15219 FILEU OF THE PP- r 1 PY 2009 AUG 18 Pit l-, 01 P P S` r NIAN