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Home My WebLink About09-7991i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. MARY A MYERS Defendant rro: 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 07366372 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 MARY A MYERS 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 ages, 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: MARY A MYERS 1008 CENTERVILLE RD A 233 NEWVILLE, PA 17241 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX7374 . 4. Defendant made use of said credit card and has a current balance due of $1420.42 , as of October 21, 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 24.9001W per annum on the unpaid balance from October 21, 2009 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit "1" and made a part hereof. 00, 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 , MARY A MYERS , individually , in the amount of $1420.42 with continuing interest thereon at the rate of 24.900% per annum from October 21, 2009 plus costs. WELTMANNBERG & REIS CO., L.P.A. 436 Sev Avenue, Suite 1400 Pittsbu PA 15219 (412) 55 FAX: -7130 07366 7)C 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. Pre4ious BdWM Paymarts 8 Credks FINANCE Transactions New Balance 1pIRQE CHARGE blirrntwn Payment Due Date $972.61 - $0.00 + $2p.? + $3g,Op = $1,031.87 $171.00 Aug. 01, 2008 Jun. 08, 2008 - Jul. 07, 2008 Page 1 of 1 MasterCard Plc nuns Accoud SQD1A714S7WW Your Account Information TOTAL REVOLVING CREDIT LJNE $550.00 TOTALAVAI ABLE REVOLVING CREDIT $0 00 CREDIT LINE FOR CASH $550 00 AVAILABLE CREDIT FOR CASH $0 00 KBSE PAY AT LEW TMAMOUNr You're behnd by sN payments If we charge off your aomu t de to lake or missed payments, Trance dbfges wil continue to sane Act now to present to from happenrg Please pay the mrrrnan pa)mrent amount on you statement or give us a cal at 1000955 W Were here to hop T" Control of your credt with Capital Cke °Inporto. NO ' Under the terms we pracu* did to you, your aooant snow eigbe for en ncre®e n Amual Pencert ige Rates (APRs) eRac7Ne mmedb* I b rover, CSI One has ceded not to we your APRs at this time Pease be e*vW Bret I you fail to keep you acmut n good stardlrg, Capital Or reserves 9e rglt to rase your AP2s in tie fiAre [Flnawe Charges (nease see reverse for n portant mformatlon) B?rcerate Reno& Caraspondeg FINAJM Wphedto rate APR CNARUE drases S99010 0.05822% D 2490'% 52026 sh $000 0.06?h D 24.9016 $O.00 NNUAL PERCBRAOE RATE alOW this period: 24.90% ® At YawItervke 1?A49OMM To cal Qsbner Rda4xs orb spat a Lst a sbkn cad ® Send peyraerb b: Capitol Qne B14M),NA-PD Bnc TM-Owbas, NO 2627 aK Send bwp*im to: Captor Ow P D Bum 305 - Set Lde City, UT 541300M ® Nave agreWonabadadwgeomyarstiemeiL? Pease refer b the Uhrg Rlghe Summay m the bald of yo r staement or vst www.Mbtnemm/disputes Credtls & Transactim 1 02 JUL PAST DUE FEE $39.00 Your amount is 90 drys pest due and you Payment Prote;Yon awwage has been suspended. As steed n your Payment Protection aperrlert, your caerage end monthly dup wil be rarstaed once your account is no larger 9D days past die You may sti be elgbk for berlefts to be pad to your account for has events described in your Payment Protection agreement Cal Slo ebrdge Berefif Saviom at 1 7 04 to sae 9your situation qualities for baneds Your awount has gone, aver es soda lint To WW addtord wertut fees, pisses pay enouM to bring your Warm bob* your uadt hint mmedelefy, and make sue you roman below your sect limit Pease be sue to amount for any We purl aces, fees, and frarrce charges You were assessed a past de fee because, your mrvrtm payment was not receNed by the de des To and this fee in the future, we rem mmerd that you slow at least 7 bleress days for your minimum payment to reach Capital One PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAMALONE.COM TO MAKE YOUR PAYMENT ONLINE 7366372 CepdtalOW- what's in your w IW!" New Balance Minimum Payment Due Date C$1,031.87 $171.00 Aug. 01, 2008 PLEASE PAY AT IEW THISAMOUNT Amount Enclosed C= Capital One Bk(USA),NA ?I?uu?nn?u?rru??n?ur?? P.D. Box 70664 Charlotte, NC 28272-0884 0 5291071437877374 07 1031870190000171000 Account Number: 5291-0714-3787-7374 Please print address or phone number Changes bebw usmg blue or black ink hbme Pismo M[rmrte P7iwae fmrsl'sdrbes p #9019084404750402# MAIL ID NUMBER MARY A MYERS 1006 CENTERVILLE RD NEYYILLE, PA 17241-9555 please write your a=unt number on your died( or money order made payable to Capital One BI (U%,NA and mail with this coupon in the enclosed enveiape. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. MARY A MYERS 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 lief. Dated:. Michelle Cam A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 4F 2N9 NOV 17 AND 39 OAIII aij CK`'W A13A51'AS