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Home My WebLink About09-7580 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. No. 01 - '758d aiv't L _Qe-r*4 COMPLAINT IN CIVIL ACTION TERRY A WALTON D/B/A JEFFERY FLOWERS HOME ACCENTS Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7182169 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. Civil Action No. TERRY A WALTON D/B/A JEFFERY FLOWERS HOME ACCENTS Defendant AMENDED COMPLAINT 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff is a corporation with offices at 15000 CAPITAL ONE DRIVE RICHMOND, VA 23238. 2. Defendant, TERRY A WALTON, is an adult individual with a last known address of 5256 E TRINDLE RD MECHANICSBURG, PA 17050 , and engaged in business as JEFFERY FLOWERS HOME ACCENTS with a last known address of 5256 E TRINDLE RD MECHANICSBURG, PA 17050 . 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXX4921. 4. Defendant made use of said credit card and has a current balance due and owing to Plaintiff, as of October 19, 2009, in the amount of $6,130.71. A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof. 5. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that the Cardholder Agreement between the parties provides the Plaintiff is entitled to the addition of finance charges at the rate of 28.10% per annum on the unpaid balance. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff prays for judgment in its favor and against Defendant, TERRY A WALTON D/B/A JEFFERY FLOWERS HOME ACCENTS , in the amount of $6,130.71 with continuing interest thereon at the rate of 28.10% per annum from October 19, 2009 plus costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. James C. W brodt, Esquire PA I.D. #421 2 WELTM , EINBERG & REIS CO., L.P.A. 1400 Ko e Building 436 Sev nt Avenue Pittsbu , PA 15219 (412) -7955 W WR#:7182169 7182169 FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Ninanum Payment Due Dab $5,367 63 - $0 00 + $129 85 + $T8 00 $5,575 48 $1,053 00 Sep 24, 2007 Jul 24, 2007 - Aug 23, 2007 Page 1 of 1 PLEASE MY AT LEAST TM AMO1a.T Via Business Card Account 4e02.13M212P4921 CAAbHANk Your Account Information REWARDS TOTAL CREDIT LINE $5,00000 TOTAL AVAILABLE CREDIT $000 CREDIT LINE FOR CASH $2,50000 AVAILABLE CREDIT FOR CASH $000 Finance Charms (Please see reverse for important Information) Balance io Perrate iodic Cart APR rag CHARGE Purchases $5,43143 007712%D 2815% $129.85 Cash $0 00 0 07712% D 2815% 50 00 ANNUAL PERCENTAGE RATE applied this period. 28.15% ® At Your Service 14004674M To cal Cuslornsr Relations or to report a lost orstokn card ® Send psyments to. Capital Oro Bank P 0 Bars 70884 Chadote, NC 28272-089 A Ssnitin*"esto. Capital One P 0 Box 30285 Sell Lake City, UT 84130-0265 For mom Information on your Rewords. l5at www apaaloneeaMNMarewerda Cell 14Oa221s" Your account is sec payments behind If we charge off your account due to late payments, we will report the charged-off status to several national credit bureaus, and the Purchase APR as reflected on this statement will be appiad to all your outstanding balances Act now to prevent the from happening Please pay the amount due on your statement or gave us a call at 1800 955.8600 Well work with you so you can take conird of your account and start rebuilding your credit with Capital One "Important Notce" Under the terms we previously disclosed to you, your account is now eligilile for an increase in Annual Percentage Rates (APRs) effective immediately However, Capital One has elected not to rase your APRs at the ime Phases be advised that d you fag to Neap your account in good standing, Capital One reserves the right to rats your APRs in the future Rewards Summary Previous available balance 3,172 Earned this period 0 (rdKis Its so a posted during to being cycle) Available Balance 3,172 Payments, Credits & Adjustments Transactions 1 23 AUG PAST DUE FEE $3900 2 23 AUG OVERLNAT FEE AUG 23, 2007 $3900 You were assessed a past due fee because your muvmum payment was not received by the due data To avoid this fee in ihe future, we recommend that you aglow at feast 7 business days for your mnsnun payment b reach Capital One 6056 506 1 n7 23 070823 PAGE 1 of 1 OlDM6056 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO W W W CAPITALONE COM TO MAKE YOUR PAYMENT ONLINE ?+?a?.???1?,, 0 4802132628294921 23 5575480313001053004 ?°F11°`Vrl4;' what's in your wallet/ Account Number: 4802-1326-2829-4921 New Balance Minimum Payment Due Date C$5,575 48 $1,053 00 Sep 24, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed Capital One Bank P.O. Box 70664 Charlotte, NC 26272-0664 Please print address our phone number changes below using blue our black ink Address Home Phone A#emate Phone E-mail addres 43' #9023668808586224# MAIL ID NOMBER TERRY A WALTON JEFFERY FLOWERS HOME ACCENTS 5256 E TRINDLE RD MECHANICSBURG, PA 17050-3546 I U I I I n l 111 11111 l 11111111111 11 1 1 1 11 in 11 a 1 11 a 1111 a 1111 t 111 Please write your account number on your check or money order made payable to Capital One Bank and mall with this coupon in the enclosed envelope EXHIBIT l PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. JEFFERY FLOWERS HOME ACCENTS Defendant(s). VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn 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*4ef. Dated: Michelle Lance A049 WELTMAN, WEINBERG & REIS CO., L.P.A. C-) NOTARY M9 NOV -2 PM 39 Ll 419..5o PO ATTY eev PA 14,531 .3a88L SHERIFF'S OFFICE OF CUMBERLAND COUNTY FILED'--' :.v,c I WE 2009 NOY -5 PI 2: 12 C01A : JvL;91 R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Capital One Bank (U.S.A.) N.A. vs. Terry A. Walton OFF!;;EC T•,- S"^.R'IFF Case Number 2009-7580 SHERIFF'S RETURN OF SERVICE 11/03/2009 03:59 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on November 3, 2009 at 1559 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Terry A. Walton, by making known unto Jared Stevens, adult in charge at 5256 E. Trindle 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 SO ANSWERS, November 04, 2009 R THOMAS KLINE, SHERIFF dS 4if f '64 i.oi County5uite Shentf. Teleosoft. Inc.