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Home My WebLink About09-4252 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: Cq - 14 -115A Evil (arwi vs. COMPLAINT IN CIVIL ACTION LARRY E ROADCAP 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 07278046 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 LARRY E ROADCAP 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: LARRY E ROADCAP 1507 HEMLOCK AVE CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX7704 . 4. Defendant made use of said credit card and has a current balance due of $1840.22 , as of June 15, 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 June 15, 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 , LARRY E ROADCAP , individually , in the amount of $1840.22 with continuing interest thereon at the rate of 24.900. per annum from June 15, 2009 plus costs. Jame C. War rodt,425244 WELT MAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07278046 C N Pit KMJ 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. v f t FINANCE Previous Balance Payments & Credits C}Ip ROE Transactions New Balance Minimum Payment Due Date $1,400.13 - $0.00 + $30.10 + $39.00 = $1,469.23 ($251.00 Aug. 26, 2008 Jul. 02, 2008 -Aug. 01, 2008 Page 1 of 1 Visa Platinum Account 461t2J6244428-7704 Your Account Information TOTAL CREDIT LINE $1,00000 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $1,000.00 AVAILABLE CREDIT FOR CASH $0.00 KEASE PAY AT LEAA THIS MOUNT You're behind by sic payments If we charge off you account due to kite or missed payments, finance charges will continue to accrue Ad now b prevent this from happening Please pay tte minimum raymenl amount on you statement or ryve us a call at 1 BOO 955 660) We're here to he{Y Take control of your crecit with Capital One -Important Notice" Urckr the terms we pwacusy dsclosed to you, you account is now *de for an Increase in Annual Percentage Rates (APRs) effective mmedateiy However, Capital One has elected not to rase you APRs at this hme Please be advised that f you fag to keep you account n good standing, Capital One reserves the right to rase you APRs in the future Finance Charges (Please see reverse for important inlbmnahon) Balance rate Pennock Corresponding FINANCE applied to rate APR CHARGE Purchases $1,423.37 005B22%D 2490% 53010 Cash $0.00 0W8L% D 24.90% $0.00 ANNUAL PERCENTAGE RATE applied this period: 24.90% Q At Your Service - Go m cow mptebrw c to marwga yon acrd, or Cat 1800903-1637 b iMxA a List or stobn cad or spade to D duorw Rala6ons 0 Pay Online et mwrzaai:abna,com or mdlyor pennant u Cwdal One Bank (USA), NA • P 0 Bm 70884.Owtitte, NC 28772-0884 A Send lrqubies to; Capital Ors- P 0 Buz 30295. $at Late City, UT 84130-0286 G Have a question about a charge on your statement? Please refer to the Billing Rights Summary on the back of your statement or visit cnmVrjsoutes Payments, Credits 8h Adjustments Transactions 1 25 JUL. PAST DUE FEE $3900 You amount is 90 days past due and your Payment Protecton coverage has been suspended As stated n your Payment Prolei agreement, you coverage and monthly charge will be reinstated once you account is no longer 90 days past due You may silt be etigbie for benefits to be paid to you account for loss events desabed in your Payment Protection agreement Call Slortebndge Benefit Services at 1865a27aW to see if your Situation qualifies for benefits Your account has gore over its credit limit. To avoid adcitnonel overimil fees, please pay enough to long your balance below your credit limit mmedetey, and make sure you remain below you aedil limit Please be sure to account for any future purchases, fees, and finame charges You were assessed a past de fee because you mrnmun payment was not received by the due data To avoid the fee in the future, we recommend that you allow at leash 7 business days for your mkamum payment to reach Capital One PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE C3PIWale" whar'r n pour comer?" 0 4862362484287704 01 1469230150310251002 New Balance Minimum Payment Due Date $1,469.23 $251.00 Aug. 26, 2008 PLEASE PAY AT (FAST THIS AMOUNT Amount Enclosed ( Capital One Bank (USA), N.A. P.O. Box 70884 Charlotte, NC 28272-0884 7278046 IIIIIil1111,II'IIIII'IIIlllllllllll1111111111'11'1'I1111'IIIII'Il Account Nu rnber. 4852-3624-8428-7704 Please print address or phone number changes below using blue or black ink Addieus Home Pho w Attemate Phone #9021518442158504# MAIL ID NUMBER LARRY E ROADCAP 1507 HEMLOCK AVE CARLISLE, PA 17013-9390 1 - I - I IIII111111111-I-1111.11111111'11. 1'111,111.111.11111,1111.1 Please write your account number on your payment made payable to Capital One Bank (UW, NA. and mail with this coupon in the enclosed envelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. LARRY E ROADCAP 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: ? 13 "7e?J-Z Ottis Coward A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 0 F ,- so r so PD Aral av* qcA a83'] " 2,afl134 Sheriffs Office of Cumberland County R Thomas Kline Sheriff ~.«, tit ti.tratrt~r;~ ~~t~, ~ '~~~~b Edward L Schorpp Solicitor Ronny R Anderson Chief Deputy Capital One Sank (U.S.A.) N.A. vs. Larry E. Roadcap _~ _ ..~~.~Fr Jody S Smith Civil Process Sergeant Case Number 2009-4252 SHERIFF'S RETURN OF SERVICE 06/26/2009 01:10 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to I~aw, states that on June 26, 2009 at 1310 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Larry E. Roadcap, by making known unto Suzan Roadcap, wife of defendant at 1507 Hemlock Avenue Carlisle, PA 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $33.40 June 26, 2009 SO ANSWERS, '~~~~~~ R THOMAS KLINE, SHERIFF D puty Sheri C~ ''`~ Q ' W "~ ~.+ ~ rl'1 r ~ E..~ T x -. .. ~~ ~.+ '. E ' e jy - '~ ~ C_ ~' ~ ~ ' ~ 6D ~ ~ p - ~. ~Il.Efi1=t~r1CE 1di0 ~~B -5 P~ 3~ 34 CUM~~ ~~:~~~~~, CvUNTY PE~~~~vSYLV-~"JEA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) NA Plaintiff vs. LARRY R ROADCAP Defendants No. 09-4252 ClV1L TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITH PREJUDICE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C Warmbrodt, Esquire PA I.D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#07278046 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) NA Plaintiff vs. Civil Action No. 09-4252 CIVIL TERM LARRY R ROADCAP Defendants PRAECIPE TO SETTLE DISCONTINUE AND END WITH PREDJUDICE TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue the above captioned matter upon the records of the Court with prejudice and mark the cost paid. WF_,I,TMAN, WF,INBERG & RETS CO., L.P.A. By: ,lames C Wa PA l.D #425 WEI_,TMA 1400 Kop ~ 436 Seve h Sworn. to and sub~c Before me the (( Day of Janu y, 2010 °~-. NOTARY P Esquire 'EINBF_,RG & RE;IS CO., l.,.P.A. uilding venue Ptttsbur A 15219 (412)43 955 WWR# 278046 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Wendy L. C3autt, Notary Public City of Pittsburgi~ ~iilegtteriy ia~. my ~ nay ~;oTl?a't95si ~`3~{na Jury t fi, ,~y " "; .~ MnG'~.'~,'i a ;ad:.3Wtixt ~~ siA tT~ ~4 ~r:Y,._..