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HomeMy WebLinkAbout09-6590IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: C/Q - 1o5gQ ?(-Fero, vs. COMPLAINT IN CIVIL ACTION DEBRA A SCOTT 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 07558666 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 DEBRA A SCOTT 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: DEBRA A SCOTT 401 W SIMPSON ST MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX3142 . 4. Defendant made use of said credit card and has a current balance due of $4354.53 , 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 23.900% per annum on the unpaid balance from September 19, 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 , DEBRA A SCOTT , individually , in the amount of $4354.53 with continuing interest thereon at the rate of 23.900% per annum from September 19, 2009 plus costs. fames P47 rmbrodt,42524 WELTMAINBERG & REIS CO., L.P.A. 436 SeAvenue, Suite 1400 PittsbPA 15219 (412) 955 FAX: 4 8-7130 075586 N Pit KMJ This law firm is a debt collector attempt:V!g 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 $3,393.49 - $100.00 * $67.57 + $39.00 $3,400.06 $520.00 Nov. 15, 2008 Sep. 23, 2008 - Oct. 21, 2008 Page 1 of 1 MasterCard Platinum Account 5178-0522 2Q43142 Your Account Information TOTAL CREDIT LINE $3,00000 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $3,000.00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please see reverse for important information) Balance rate Periodic Corresponding FINANCE applied to rate APR CHARGE Purdases $3,415.56 006872%D 24.90°% $5757 Cash 5000 0.068W16 D 24 90% $0 CO ANNUAL PERCENTAGE RATE appsad tlts period: 24.90% Q At Your SerAce - Go to w4w.cmifabrr oom to maega your amoart, or Cal 1-800,9033837 m repot. bid or stobn cad or speak to CLsbmar Relakos 0 PayOnsneasrMwcaodabna.oornormadymrpwmartto: Cruel One Bak (USA), NA - P 0 Bm TID83 - Chatfle, NC 26272-1083 Seed Inqukles to: Capilal Ono- P 0 Bak 3M - $at tale qty, UT 84130 7M AM Have a questlon about a change on your statement! Please refer to the Billing Rights Summary on the beck of your statement or visit www.=Q11aio)s oom/disDutes REASE PAY AT LEAST TMS ArMMW Youhe behind by five payments Weve permanently revoked your charging prMleges If you omtnue to mss payments your account is at risk of being charged off Please don't lot this happen If yotire feeirg owrwheli cell us at 1 8DD 955 6600 Wei work wdh you to resolve this matter Payments, Credits 8r Adiustments 1 17 OCT CAPITAL ONE ONLINE ACH PA AuthDate 17-0 CT 51001x- Transactions 2 17 OCT PAST DUE FEE S3900 Under terms previm4 disclosed to you, some or all of your Annual Percentage Rates (APRs) have been Increased since your amount was past due twice in the pass 12 billing cycles If your rates have already increased, stbsegaent delinquencies aderded the duration of the increased rates Remember If we receive your minimum monthly payment on time for 12 consecutive biting cycles, the amount will be reviewed for a possible return to your Non-Introductory APR. Your amount has gone aver is credit limit. To avoid additional o?erlkral fees, please pay enough to bring your balance beta your crektit hand immediately, and make sure you remain below your credit limit Please be sue to account for any future purchases, fees, and fiance charges You were assessed a past due fee because your mnnwm payment was rat received by the due date To avoid this fee in the future, we recommend that you alloy at least 7 business days for your minimum payment to reach C vial One EXHIBIT PLEASE RETURN PORTION BELOW WrTH PAYMENT OR LOG ONTO WW W.CAP TALONE.COM TO MAKE YOUR PAYMENT ONLINE 7558666 1 5178052224743142 21 3400060100000520004 Account Number. 5178-0522-2474-3142 Lend a hand Save the land Due Date New Balance Minimum Payment Amount Enclosed . . Manage your account online today- NOV. 15, 2008 $3,400.06 $520.00 it's fast, easy and secure. © Pay online anytime-no more checks, stamps or clutter PLEASE PAY AT LEAST THIS AMOUNT T Moving? Chan9a Your address online or on the hack Q 0 Help save the planet Co paperless #9029665618622268# © Sign up at wow capdalone com DEBRA A SCOTT 401 W SIMPSON ST APT B Capital One Bank (USA), N.A. MECHANICSBURG, PA 17055-3753 P.O. Box 71083 ?Idlnl?lun?r??ll1lll"1IJ111'I'?'1'1"'IIlI Charlotte , NC 26272-1083 111.16.1 1111 1 1'Il1l1l11 1.1r1rl11r1 rr111111'1111I'111 I Please make checks 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. DEBRA A SCOTT 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: Ottis oward A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 0 M4E- PRJ09Q 0TARY 1004 OCT -2 PM 12: 56 Ct?P,? kwY;L< { ?u Cz3LJNj Y PEN,NSYLVANI A *qg.5o Po ATr1 a3138r7 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant - .1%, 01 ?t bert OFFICE !D( 1,.?S"ERIFF FILED-OFACE OF THE PPr,),TY N()TARy 2009 OCT 15 APB 9= 08 Edward L Schorpp Solicitor CuMB? ;, !' U '-0UNTY PENNS YLVA,NIA Capital One Bank (U.S.A.) N.A. Case Number vs. Debra A. Scott 2009-6590 SHERIFF'S RETURN OF SERVICE 10/09/2009 04:21 PM - Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on October 9, 2009 at 1621 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Debra A. Scott, by making known unto herself personally, at 401 W. Simpson Street Apt 8 Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 October 13, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Byle_'Q?__'?? Deputy Sheriff WELTMAN, WEINBERG & REIS,CO., L.P.A. BY: Matthew D. Urban,90963 I.D. No. 90963 436 7th Ave Ste 1400 Pittsburgh PA 15219-1827 (412) 434-7955 FAX: 412-338-7130 File # 07558666 C N Pit SJS ___Attorneyfor_-_Plaintiff(s) CAPITAL ONE BANK (USA) ,NA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY VS. DEBRA A SCOTT CASE NO. 09-6590 CIVIL TERM PRAECIPE TO SATISFY TO THE PROTHONTARY: Kindly mark the case and judgment entered against Defendant DEBRA A SCOTT as satisfied. WELTMAN, WEINBERG & REIS CO., L.P.A. By Matthew D. Urban Attorney for Plaintiff SIY-xl °all\ Ns- • k '36W3s I