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Home My WebLink About09-6777IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. RUSSELL E BURNHISEL AKA RUSSELL E BURNHEISEL Defendant No: O4 cor?7 l..t0t? r" 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 07547766 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 RUSSELL E BURNHISEL AKA RUSSELL E BURNHEISEL 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: RUSSELL E BURNHISEL 116 RIDGE HILL RD MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX5835 . 4. Defendant made use of said credit card and has a current balance due of $2049.96 , 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 17.00001 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 , RUSSELL E BURNHISEL , individually , in the amount of $2049.96 with continuing interest thereon at the rate of 17.000% per annum from September 19, 2009 plus costs. James C. W ro t,42524 WELTMAN, I ERG & REIS CO., L.P.A. 436 Seven h A enue, Suite 1400 Pittsbur 15219 (412) 43 -79 5 FAX: 41 -3 -7130 0754776 N Pit KMJ This law firm is a debt collector attemptiAd to collect this debt for our client and any information obtained will be used for that purpose. EXHIBIT A Previous Balance Payments & Credits FINANCE CHARGE Transactions New Balance Minimurn Payment Due Date $280.00 - $10.00 + $0.00 + $0.00 = $270.00 $10.00 May. 12, 2008 Mar. 18, 2008 - Apr. 17, 2008 Page 1 of 1 PUASE n1Y AT LENT THIS A14X V Visa Plabnlm Account X12 glass e Your AcootutInformadon REWARDS TOTAL CREDIT LINE $300.00 TOTAL AVAILABLE CREDIT $30.00 CREDIT LINE FOR CASH $150.00 AVAILABLE CREDIT FOR CASH 330.00 FITIM a Charges (Please see reverse for important information` Bahnce rate Periodic Co asponthg FINANCE al:plred to rate APR CHARGE Purchases $27141 0.00000% 000% $0 00 Cash $000 0.05509% P 20 40% so OD ANNUAL PERCENTAGE RATE appled this pedod: 0.001% AtYour Swim 1aMOO W To cal Qastaren Dons orb rqx d a 64 or sbkn cad 0 SOW payments to: Capital One 9g1M),NA • P O Boer 70884 • Charblfe, NO 2BV2MM Send kqulrlss to: Cap*W Ow P D Bad 30785 • Sol Leto ill, to 84130.0285 Q For More hrfoninnon on your Rewards: Yet rwwrrapiletxe? Cat 1-80022M I ® Have a question about a charge on your stalernai? Please refer to the Bring Rghts Summary on the bait of your shaterent or visit www,I;apita1orTe.c-gmfjsPutes Rewards Su Prevars avaiahle bebnce $300 Eamed this period SOX ( dbft uancI " ' ' PosOad during the Mire qob) Available Balanw S3,00 Payments, Credits 8 Adjustments 1 10 APR ELECTRONIC PAYMENT $10W- Whether yodre in the market far a have equity loan or yodre interested in refireria g, Capital One wrl find a home loan solution to fit your needs We offer great rates, no Nd:bn fees, and you wit receive the mson-crre attention of the same persord ban corsulant from call to dose visit www.captWalehomebms.com for more information PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO W W WJCAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE C"al3ball le` what's in,ur wallet'' New Balance Minimum Payment Due Date C$270.00 $10.00 May. 12, 2008 NLk% PAYAT LEAST THISAMOUNT Amount Endosed C:= 0 4003447006493912 17 0270000010000010009 Capital One Bk(USA),NA ?r?rr?rrr??rr??rrr??r? P•0• Box 70884 Charlotte, NC 26272-0884 7547766 1111 111111 11111 11111111111 1 1111 11111 111111 rrirriirrirrirriirrrn Account Number. 4003-0470-0649-3912 Please print address or phone number dsanges below us,ng blue or blade ink home Mare 4iievnI Phone &rnaff dares p #9010946010853367# MAIL ID NUMBER RUSSELL E BURNHISEL 124 2ND ST ENOLA, PA 17025-3203 nrilinr???nur?r?r?r?ur??nr?r???nnr??ur?r?r?rr?nr Please write you account number on your d" or money order made payable to Capital One Bk(USA),NA and mail with this wupon in the enclosed errvelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. RUSSELL E BURNHISEL 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: ?5 ttis Coward A049 WELTMAN, WEINBERG & REIS CO., L.P.A. FILED- ":?' F ()F THE ,„.OTAPY 2069 OCT 12 A 10: 541 X78. SD -?? !t?y C1f ? q.2788It/ ? ??-- a317 le (.,- Sheriffs Office of Cumberland County R Thomas Kline FLED--r-?,-': "?r? - " Sheriff Y Ronny R Anderson Z?9 I? 9: 0 15 Chief Deputy R Jody S Smith Cl1td: ? ?1`^{ Civil Process Sergeant`' r ?R?w Edward L Schorpp Solicitor Capital One Bank (U.S.A.) N.A. Case Number vs. 2009-6777 Russell E. Burnhisel SHERIFF'S RETURN OF SERVICE 10/1312009 03:33 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on October 13, 2009 at 1533 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Russell E. Burnhisel, by making known unto himself personally, at 116 Ridge Hill 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 October 14, 2009 SO ANSWERS, 'e?A4? -oo?' - R THOMAS KLINE, SHERIFF De ty Sheriff