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Home My WebLink About09-6589IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: CA- (v589 0,1vil (?1-M VS. COMPLAINT IN CIVIL ACTION KIMBERLY A NICKEY 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 07548225 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 KIMBERLY A NICKEY 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: KIMBERLY A NICKEY 280 MEADOWS RD NEWVILLE, PA 17241 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX3986 . 4. Defendant made use of said credit card and has a current balance due of $2925.12 , as of September 19, 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 23.1006 per annum on the unpaid balance from September 19, 2009 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 111" 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 , KIMBERLY A NICKEY , individually , in the amount of $2925.12 with continuing interest thereon at the rate of 23.1000 per annum from September 19, 2009 plus costs. Jamr85 War' ro t,42524 WELWEINBERG & REIS CO., L.P.A. 436 e th Avenue, Suite 1400 Pitr h, PA 15219 (41 4-7955 FAX -338-7130 075 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. FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date $1,952.41 - $0.00 + $41.90 + $59.12 = $2,053.43 $223.00 OCt. 10, 2008 Aug. 16, 2008 -Sep. 15, 2008 Page 1 of 1 MasterCard Platinum Account 517E-05T2b8B13B88 Your Account Information TOTAL CREDIT LINE $1,500.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $1,500.00 AVAILABLE CREDIT FOR CASH $000 Finance Charges (Please see reverse for important information) Balance rate Periodic Corresponding FINIANCE applied to race APR CHARGE purchase's 51,98134 005822°/ D 2490°% S4190 Cash S0,00 O B22%D 2490% $0.00 ANNUAL PERCENTAGE RATE applied this period: 20.90 At Your Service - Go b sww.oaPtab%=m to marpe your aDcount. or Cal tE0NW33637 b repot a fat or sic t cad or speak to Cusb- Rehtas ® Pay online a Mwvcactabne.eom or malyo, paywt b: Capital One Bak (USA), NA • P 0 Bx 70684.Owtib, NC 28272-0684 Saw Inquiries to: Capital Orw P 0. Box 30285 • Set Lake Oty, LIT 84130-0? G Have a question about a charge on your staternert7 Please refer to the Brlfing Rights Summary on the back of your statement or visit wwN.c tabne.oom/disputes PLEASE PAY AT LEAST THIS MULINT You're bel an d by three payments Bul you can bring your account current by payng the mnmum payment amount on your statement. lfyouYe having financal ci fiaAtres and yodre feeling overwhelmed - we want to hein Give on-- of our associates a At at 1 90,7 955 56DO Yodd be surpnsed what we can do together to warn this out. Payments, Credits & Adjustments Transactions 1 09 SEP PAST DUE FEE S39.OD 2 15 SEP PAYMENT PROTECTION 13BBW-6904 SM 12 Under term previeusy disdosed to you, some or all of your Annual Percentage Rates (APRs) have been ncreasedsinceyour account was past due twee in the past 12 billing cycles If your rates have already increased, subsequent dafingL enms exterdad the d)rabDn of the ncreased rates Reinember If we receive your mnmum monthly payment on time for 12 consecutive billing cycles, this account will be reviewed for a possible return to your Non-Introductory APR. Your aarount has gone over its credit limit. To avoid additional overGmt fees, please pay enough to bring your balance below your credit Imt immediately, and make sure you reman below your =1 limit Please be sure to account for any future purchases, fees, and finance charge You were assessed a past due fee because your minimum payment was not received by the due date 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 EXHIBIT PLEASE RETURN PORTION BELOW WrTH PAYMENT OR LOG ONTO WWW CAPTTALONE.COM TO MAKE YOUR PAYMENT ONLINE C-p/Wale uvhat's ,n jour wrllet7" New Balance Minimum Payment Due Date $2,053.43 $223.00 OCt. 10, 2008 PLEASE PAY AT LEASr THISAMOUNT 0 5178057296913986 15 2053430107070223007 Amount Enclosed C .7 Capital One Bank (USA), N•A. P•O. Box 70884 Charlotte, NC 28272-0884 7548225 1111P11111rh?11111?111111111d1111n1N1111rII?I?uI11rN1h?11 Account Number. 5178-0572-9691-3986 Please print address or phone number flanges below using blue or black ink Nome Phom A7temate Plwwe £anaA,haikess p #90260426203217890 MAIL ID NUMBER KIMBERLY A NICKEY 2611 MEADOWS RD NEWVILLE, PA 17241-9769 rg11611h,1111..... po,11i1„.16111111.111111„111161111111. Please write your account number on your payment made payable to Capital One Bank (USA), NA. and mail with this coupon in the enclosed envelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. KIMBERLY A NICKEY Defendant(s). VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities, that he/she is an authorized agent of CAPITAL ONE BANK (USA), N.A., Plaintiff herein, and that he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belie Dated: 4 ? e??) - Ottis Coward A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 0 Rr?-ICE OF THE'0T'TAR1 2009OCT -2 PM 12: 56 CIJ? `. I_ i ?'v1J CC)UN J "AS'i,",V ALA .$'7S . 5o Pb A`tq o-& 4&/788'75 IV* A313$(, Sheriffs Office of Cumberland County R Thomas Kline FILED-D RCE Sheriff TV, o?^"t'fl !T1P 7 a4 'tip, 0 4ulflhjq 1e Ronny R Anderson Chief Deputy 2009 OCT -8 PM 12*. 00 Jody S Smith Civil Process Sergeant ors, Edward L Schorpp Solicitor Capital One Bank (U.S.A.) N.A. vs. Kimberly A. Nickey Case Number 2009-6589 SHERIFF'S RETURN OF SERVICE 10/06/2009 06:44 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on October 6, 2009, at 1844 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kimberly A. Nickey, by making known unto Edward Nickey, adult in charge, at 280 Meadows Road, Newville, Cumberland County, Pennsylvania, 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $38.80 SO ANSWERS, October 07, 2009 R THOMAS KLINE, SHERIFF /mar Deputy Sheriff