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Home My WebLink About09-5810IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs AMANDA LYON Defendant No : Cpl - 5810 0 (""k l COMPLAINT IN CIVIL ACTION 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 07367054 C N Pit SJS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. AMANDA LYON Defendant Civil Action No 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: AMANDA LYON 407 HOGESTOWN RD MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX6718 . 4. Defendant made use of said credit card and has a current balance due of $5257.81 , as of August 10, 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 9.900% per annum on the unpaid balance from August 10, 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 , AMANDA LYON , individually , in the amount of $5257.81 with continuing interest thereon at the rate of 9.900% per annum from August 10, 2009 plus costs. James C arm ro t,42524 WELTMAN EINBERG & RE IS CO., L.P.A. 436 See nn h Avenue, Suite 1400 Pittsb rg PA 15219 (412) 43 -7955 FAX: 1 338-7130 0736 05 C N Pit SJS This law firm is a debt collector attemt/?ng to collect this debt for our client and any information obtained ill be used for that purpose. FINANCE Transactions New Balance Minimum payment Due Date Previous Balance Paytnwb & Credits CHARGE ----\ $4,662.88 - $0 00 + $50.53 + $35.00 = $4,748.41 ?I $938.00 (OCT. 08, 2008 Aua. 14. 2008 - Sep. 13, 2008 Page 1 of 1 PLEASE PAY AT 1ASr Tres nn+oUnT Yma Platinum Account 49"72.21964118 ?E Your Account Informadon REWARDS TOTAL CREDIT LINE 34200 00 00 $0 TOTALAVAILABLE CREDIT . 00 100 $2 CREDIT LINE FOR CASH . , $0170 AVAILABLE CREDIT FOR CASH Finance Charges (Please see reverse for important information) Balance rate Periodic Corresponding FINANCE 50 applied to rase APR CHARGE PC ses $1,164.92 0.067720°70 D 2090% $'2100 ANNUAL PERCENTAGE RATE applied this period: 1292% Ont, At Your Senrlm - Go N wrw.oaci to manage W 60=8t. Q a wt 1.800955.7070 to report a bd a dubn Gerd or spuds b Cusco' 0 ReWas A=k Pay Onhrwdwewc 2R ormetWpey sntto: Ceprlal One Baia (USA), NA • P 0 Boa 70884 • Raerbtta, NC 28272-0884 You're behind by sa payments If we charge oft your WQ=K d e tO late Ormesed payments, finer" Barges will conimue to accrue Ad now to prevent this from happening please pay the mrnmun payment amount on you statement or re us a At at 1 800 955 6600 we're here to h* Take control $ your credit with Capital One Rewards kimmaity 53720 Pnivous arailam balance S000 Earned this period (refbcts hmswbons poAed dung this biirg gcla) 53726 Ava4ble Bal rice Payments Credits d iustments Transactions $3600 1 08 SEP PAST DUE FEE Your account has gore war its credit hmd. To wod adihonal overlrtet fees, please pay enough to bang your balance bobN your credit IIMR mmedletey, and make sue you remain below your credit limit Please be sue to account fa any future purchases, fees, and finance charges You were assessed a pest die fee because your min mum payment was not reraned by the die date To avoid this tee in the f Rue we recommend that you allow at least 7 business days for your minimum payment to reach Capital One a OW l° qukria 9 ?c90185-SatLAw (11y, UT 04130.0265 EXHIBIT Q Manage your Rewards online by miming cr C at 1800.715-Ul Kra a question about a charge on your slaf nWit? Please refer to t1w Billing Rights Summary on the beck of your statement or miltmm, w v r w 1111 routes PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO NNVW.CAPrrAIDNE.COM TO MAKE YOUR PAYMENT ONLINE 0 4934227221886718 13 4748410084000938006 CalpftW0je wW,r m°-AI 1'` Account Number. 4934-2272-2188.6718 New Balance Minimum Payment Due Date Please print address or phone number changes below using blue or black ink Aodiesr $4,748.41 $938.00 Oct. 08, 2008 PLEASE PAY AT LW Nome Nwm Ntn?te Phwre THIS AMOUNT E-mail addres Amount Enclosed 99025890056963339# MAIL ID NUMBER AMANDA LYON 407 HOGESTOWN RD Capital One Bank (USA), N.A. MECHANICSBURG, PA 17050-3123 P.O. Box 70664 ill'Illl'alalllllllll'Illllllll"I111''I'I'Il"'lll'Il'I''Illl'lI Charlotte, NC 26272-0664 7367054 1'all'un,lrllll''1lIPPlhil'huhlllllydalaupl?u'Ir'I Please write your account number on your payment made payable to Capital One Bank (USN, N.A. and mail with this coupon in the enclosed envelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. AMANDA LYON Defendant(s). VERIFICATION "Che 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: J/Z? Shawn Wood A049 WELTMAN, WEINBERG & REIS CO., L.P.A. G) iK ' f ri1 t...lR.tO.ARY { ?._. 2QG9 AUIS 2, 4 rte 12: Cog 4119.5o P6 A-" at:* 4aoW 648 erv CWto 50 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ~~,~yitr D~ ~tf~q~§,~~~~~~ ~ -} . -; FL~j~'_.~ .:~i ~`OQ3 SEE' - I ~~~ 2~ 17 Capital One Bank (U.S.A.) N.A. vs. Amanda Lyon Case Number 2009-5810 SHERIFF'S RETURN OF SERVICE 08/28/2009 06:35 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on August 28, 2009 at 1835 hours, he served a true copy of the within ,Complaint and Notice upon the within named defendant, to wit: Amanda Lyon, by making known unto Justin Douglas, adult in charge at 407 Hogestown 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 August 31, 2009 SO ANSWERS ~''" ~`.~I~f R THOMAS KLINE, SHERIFF BY ty Sherif f NVELTMAN, WEINBERG & REIS CO., L.P.A. BY: Sarah E. Fhasz, Esquire Attorney for Plaintiff(s) I.D. ,',(o.86469 436 Seventh Avenue, Suite 1400 Ili ND C O WN 1 NS'r'P_.b' I, Pittsburgh, PA 1521 Phone: 412.434.7955 Fax: 412.43J.7959 File " 7367054 CAPITAL `)NE BANK (USA),NA Plaintiff vs. A%IANDA LYON Defendant(s) 0Jrv1RF.RI.AND County (-ourt of C+)mmon Pleas N(', 0()-58:0 CIVIL TEW.4 PRAECIPE FOR SATISFACTION OF IUDGMENT TO THE PROTHONOTARY: Please kindl) Satisfy the Judgment of the above-captioned matter upon the records of the Court and foark the ;;ost paid. WELT14'-iN, WF'NBFRG & r-1v - - S:.t-ah E. Ehasr, Esouh Sworn to and suhF ribed Before me the 26 day N01 ARY V y of UC,? .2011 Also" ajj1VM1A NOMM so My Of OL 3,00 fa C?,? b188131