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Home My WebLink About09-4406IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: Qq_ yq.p(o wtt (erwl vs. COMPLAINT IN CIVIL ACTION JOHN R THOMAS 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 07341960 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 JOHN R THOMAS 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: JOHN R THOMAS 613 SILVER SPRING ROAD MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX5587 . 4. Defendant made use of said credit card and has a current balance due of $6534.16 , as of June 23, 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 23, 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 , JOHN R THOMAS , individually , in the amount of $6534.16 with continuing interest thereon at the rate of 24.900% per annum from June 23, 2009 plus costs. James Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 S ve th Avenue, Suite 1400 Pitt u gh, PA 15219 (412 4-7955 FL* 2-338-7130 073 60 C N Pit KMJ This law firm is a debt collector attek(pting to collect this debt for our client and any information obtained will be used for that purpose. Previous Balance Payments & Credits FINANCE CHARGE Transactions New Balance Minimum Payment Due Date $5,235.44 + $112.05 + $39.00 $5,386.49 $1,035.00 Sep. 26, 2008 Aug. 02, 2008 - Sep. 01, 2008 Page 1 of 1 Visa Platinum Account 4882362381105667 Your Account Information TOTAL CREDIT LINE $4,500 00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $4,500.00 AVAILABLE CREDIT FOR CASH $000 Finance Charges (Please see reverse for important information) Balance rate Periodic Corresponding FINANCE applied to rate APR CHARGE Purchases 55,00872 005822°h D 2490% 5105.90 Cash $289 40 0 00822% D 24W% $612 ANNUAL PERCENTAGE RATE applied this period: 24.90% Q At Your Service - Go to ws w.ae tab e.cwn to manage your wwwrit, Lu Ca 1.80) R33637 to WA. tot or subn wd ur W..k to aeivmu- RebYais 0 Pay online at wwwkwitaimimn or mail your pa/rnent to: Capital One Be* (USA), NA - P 0 Box 7MM - Onabtle, NG 26272-0884 A Send Inquiries to: Capital One- P 0 Bwt 30285 • Set Lake City, Ur 8413MM G Hare a question about a charge on your statement? Please refer to the Billing Rights Summary on the bad( of your statement o(vsd w1ww?()nt. alone oom7dsoutes PLEASE PAY AT LEAST MIS ANUUNT You're t)ehlnd by m payments If we charge off yo(r aocount due to late or missed payments, finance charges will continue to accrue Ad now to prevent this from happening Please pay the minimum neyment amount on your statement or give us a call at 1 5W 955 !Y'YW We're here to he-0 Take control of your credit with capital One -Important Notice- Under the terms we prevrcwty disclosed to you, your account is now eligible for an increase in Arnial Percentage Rates (APRs) effective immediately However, Capital One has elected not to rase your APRs at this tnle Please be advised that if you fail to keep your account in good standing, Capital One reserves the right to raise your APRs in the future Payments, Credits 8 Adjustments Transactions 1 25AU0 PAST DUE FEE S39,00 Your account has gore over its ore& limit, To avoid additional overlord fees, please pay enough to Ixng your balance below your credit Ilmd immedatey. and make sure you remain below your credit limit Please be s.re to account for any WWre purchases, fees, and fire changes You were assessed a past dae fee because your minimum payment was not received by the d a cbte To avoid this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Capital One EXHIBI1 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONE.COM TO MAKE YOUR PAYMENT ONUNE C.-Wfalolle- ovhat ,your _11. New Balance Minimum Payment Due Date $5,386.49 ( $1,035.00 Sep. 26, 2008 i Amount Enclosed Capital One Bank (USA), N.A. P•0• Box 70884 Charlotte, NC 28272-0884 7341960 11III"""''1'11111'111111111111111111111111.11'I'I1111-11111.11 )5587 01 5386490300001035000 Account Number. 4862-3623-8110-5587 Please print addressor phone number changes below using blue or black ink Address Nome Phwre A/temate Phone ti9024676433822491t{ MAIL ID NUMBER JOHN R THOMAS 613 SILVER SPRINGS RD 'IECHANICSBURG, PA 17050-2873 '1111111111111111-11111'--11-1'11111111111.11.1...I?IIiI'I?'llll? Please write your account number on your payment made payable to Capital One Bank (US ), NA. and mail with this coupon in the enclosed envelope. F" PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. JOHN R THOMAS 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 blest of his/her knowledge, information and belief. Dated: Ottis Coward A049 WELTMAN, WEINBERG & REIS CO., L.P.A. R"I OF 1009 JUL -I C[I I : C: ? $'78.5o PA Air`/ elc' 4106co0q'7 e aap? (*I Sheriffs Office of Cumberland County R Thomas Kline Sheriff" ?ytilp 0f ?'?«gbrt? Ronny R Anderson ?$ ?? Chief Deputy z Jody S Smith Civil Process Sergeant OMICE OF r-E SHERIFF Edward L Schorpp Solicitor Capital One Bank (U.S.A.) N.A. vs. John R. Thomas Case Number 2009-4406 SHERIFF'S RETURN OF SERVICE 07/07/2009 06:59 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on July 7, 2009 at 1859 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: John R. Thomas, by making known unto himself personally, defendant at 613 Silver Spring Road Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 July 08, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Deput Sheriff c- r-?- rT t M F _ _ ..' 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. JOHN R THOMAS Defendant No.09-4406 CIVIL TERM STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#17341960 $6,670.15 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 09-4406 CIVIL TERM JOHN R THOMAS Defendant PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, JOHN R THOMAS, in the amount of $6,670.15 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN EINBERG & REIS CO., L.P.A., Attorney for Plaintiff JOHN R THOMAS, ~ ~/~~ By: D e ant WWR#07341960 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 09-4406 CIVIL TERM JOHN R THOMAS Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMiENT 3Y I;ONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, JOHN R THOMAS, above-named, in the amount of $6,670.15 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: Defendant admits indebtedness to Plaintiff in the amount of $6,670.15 with continuing interest thereon at a rate of 6.00% per annum plus costs from Date of Judgment. 2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, JOHN R THOMAS, in the amount of $6,670.15 plus continuing interest thereon at the rate of 6.OU% per annum from llate of Judgment and costs. 3. Plaintiff agrees not to execute on its Judgment so long as Defendant causes to be delivered to Plaintiff the following payments in full by 12:00 NOON on the following dates: (a) $200.00~due by July 30~', 2009; (b) $200.00 due on the 30`h day of each c7nsecutive month thereafter until the Judgment amount plus accrued interest and cost::; are paid in full. 4. All payments are to be made payable to the order of "CAPITAL ONE BANK (USA), NA" 5. The first payment due under this agreement is to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 436 Seventh Avenue, Suite 1400, Pittsburgh, PA 15219. All future payments are to be mailed to the offices of Weltman, Weinberg & Reis, Co., P.O. Box 5430, Cleveland, OH 44101-0430. 6. In the event of default, each payment received shall be first attributed to costs, interest and then to principal. 7. Time is of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff or Plaintiff's counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, i~, law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. 8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is final and complete. 9. Intending to be legally bound, the arties set their hands and seals this ~ da of P _ y _ WELTMA , WEINBERG & REIS CO., L.P.A. ~' ~ _ _ T/Iatthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1~I00 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 ~l--'WR No. 07341960 e endant, JOHN R THOMAS FL.Er:_, ..:,; 'J~ T~°~ ~ ~ ~ ' I'"~~~~'Y ZC~'~ S~;i' -2 ('~ i ~ ~ 5 ~~ vo~h~ J;,ErY ::~ ~r'i~' , i~~ ~1~.00 PD A'TT1 CK."` 4~8a5b`~ ~,-~ a3o is ~ uo~c~ ~.Q ~, ~ ", IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 09-4406 CIVIL TERM JOHN R THOMAS Defendant NOTICE OF JUDGMENT OR ORDER TO: ( )Plaintiff (xx) Defendant ( )Garnishee You are hereby notified that the following Order or Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $6,670.15 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Ju- figment of ( ) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration ( 1 Award (X'{) By Consent JOHN R THOMAS 613 SILVER SPRING ROAD MECHANICSBURG, PA 17050 Pr~~thonotary B~~ PI:.O ONOTAR ( R PUTY)