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Home My WebLink About09-7988 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA tltl Plaintiff No: o? - VVv VS. NOEL CARROLL COMPLAINT IN CIVIL ACTION 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 07410866 C N Pit KMJ 1 IN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No NOEL CARROLL 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 t 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: NOEL CARROLL 4 S FRONT ST WORMLEYSBURG, PA 17043 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX1977 . 4. Defendant made use of said credit card and has a current balance due of $1673.95 , as of October 26, 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 28.200% per annum on the unpaid balance from October 26, 2009 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit "1" and made a part hereof. 4 s 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 , NOEL CARROLL , individually , in the amount of $1673.95 with continuing interest thereon at the rate of 28.200% per annum from October 26, 2009 plus costs. games c: warmnroar,41514 WELT WEINBERG & REIS CO., L.P.A. 436 Se a th Avenue, Suite 1400 Pitts r h, PA 15219 (412) 4 4-7955 FAX: 4 2-338-7130 0741 66 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. .e FINANCE Preview Eld woe Payments & Credits CHARGE Transactions New Balance Minimum Payrmrlt Due Dale $1,094.58 - $143.00 + $24.42 + $397O0 = $1,015.00 $515.00 Mar. 26, 2008 Feb. 02, 2008 - Mar. 01, 2008 Page 1 of 1 T FAST F'h AT LFAV -116 AMID' NT MasterCard Pk*= Aecant YOU ww" s one payment bdrtd Remarrber that makrg your mrtmurn peymertb by Oe due Bete 9111452548261977 keeps your accourt in good s1atdrg Fudier missed pwftotb may be reported to the national aedt Your Account. Information bureaus So make sure you send in to mrnmum errant die to keep your wcou t in geed standrg TOTAL CREDIT LINE $500.00 PRMIents, Cmft & A41usibnenis TOTAL AVAILABLE CREDIT $0.00 1 20 FEB DIRECT DEBIT PAYMENT $143.00• CREDIT LINE FOR CASH $500.00 AVAILABLE CREDIT FOR CASH $0.00 Transat fto 2 25 FEB PAST DUE FEE 538.00 FinalGe Chalge5 (Pow see wow ibr nporm nfomtabon) Babnoe rate Perodic Comespardrg FM ANCE appkad to male APR CHARGE Pudases $92656 0.07737%P 2624% $2379 Cash $161.96 0.07737% P 2624% $3.63 ANNNLL PERCENTAGE RATE applied Oft parbd: 2824% ® AtYarSerrlm 1-11100-003-W To cd Qasbnar Reblas orb spat a R8 orstkn ord ® Sand pymerib b: Cspaal Ore BQUSA),NA • P 0 Bus 70994 • Chest, N0227246N Said ngRrNes to: Qq*AOrsP0 Bole 30285- SatLarsQy,UT04130-0796 ® He& a queNon abvA a dwp on your alaEemerl7 Please refer to Oe Biding Rg* Summery on the beck of your sWierrent or vst www.:aAebrte or%Ajsoutes PLEASE RETURN PORTION BELDW WnH PAYMENT OR LOG ON TO WWW1CAPITALONEICOM TO MAKE YOUR PAYMENT ONLINE 7410866 Dje what's in your wallet?.. 0 5178052508261977 01 1015000143000515007 New Balance NNnimum Payment Due Dame $1,015.00 $515.00 Mar. 26, 2008 PLEASE PAY AT LEAST THISAMOUNT Amount Endosed C? Capital One Bk(USA),NA Irlur???rrr?rr?rr??rr? P.O. Box 70884 Charlotte, NC 28272-0884 ff Account Number: 5178-0525-0826-1977 Please print address or phone number duage; blow using bus or dick ink home Phone 40.vnrra Phom E-MeffaubIlem O #9006272847935095# MAIL ID HUMBER NOEL CA ROLL 4 S FRONT ST LEMOYNE, PA 17043-1329 Please write your account number on your dick or money order made payable to Capital Dre SKUSA),NA and mail with this coupon in the enclosed envelope. Under temrs pmvlo cif dncbaed to you, some or al of your Anal Percmia ja Rates (APRs) h m been rtcreased erica yorr emma was pest de Nw n the poM l2 bikg qdw If yourrates hwe ahead rlenensad, mbsagoent dokngertces exlerdOd the dvubon of 0e m-mused males Remember If we reawe your magnum rra tly peyrnent on Una fa 12 co nseubm burg oy es, tto aocourtt wi be mA wW far a possble re4m b your Non-Fttrodriory APR Your account has gore wer its aedt Iimt To avid adMaW overkrrd fees, please pay enough b bag your bsiatce below your o edit bad mmedelely, and mace sue you roman below your credt knit Please be sure to aowtrtt fa any Lao pur0ases, fees. and frtsrrce cherges You were assessed a pest de fee boom= yea mrntUn pepertt was riot rewrited by the de date To and this The in the kite, we recam atd Orel you abw at least 7 busress days for your magnum payment breeds oeprlel One PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, v. NOEL CARROLL 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 heroin, 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: ( r, rA ? QE?-- Wandi Glover A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 0 -OF ? T f 2*9 NOV 17 AND 44 x'78. so ?? c? ?aa iz R Thomas Kline Sheriff Ronny R Anderson Chief Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,. , r• r z ~~~~ ~ ~ ^Tn~;Y gat' `1" r Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor i~ n.'°(' (r L' ~~ I`;~ . .. `,.~ Capital One Bank (U.S.A.) N.A. vs. Noel Carroll Case Number 2009-7988 SHERIFF'S RETURN OF SERVICE 11/30/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Noel Carroll, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Noel Carroll. The Lemoyne Postmaster has advised the defendant has moved and left no forwarding address. i i SHERIFF COST: $47.40 SO A SWERS,, " \ ,j'~' .~ ~_. November 30, 2009 ' R T MAS KLINE, SHERIFF