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Home My WebLink About09-7993IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. CERINA L ROOK STEVEN ROOK Defendants No : vQ - 7?i3 C-,., L 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. 175 South Third Street Ste 900 Columbus, OH 43215 (614) 801-2600 FAX: 614-801-2601 07581896 C N Gro KMJ 'IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No CERINA L ROOK STEVEN ROOK Defendants 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. Defendants are adult individual(s) residing at the address listed below: CERINA L ROOK 1633 MOUNTAIN RD NEWBURG, PA 17240 STEVEN ROOK 1633 MOUNTAIN RD NEWBURG, PA 17240 3. Defendants applied for and received a credit card bearing the account number XXXXXXXXXXXX3708 . 4. Defendants made use of said credit card and has a current balance due of $4635.45 , as of October 13, 2009 . 5. Defendants are 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 23.100. per annum on the unpaid balance from October 13, 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, Defendants have willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for judgment in its favor and against Defendants , CERINA L ROOK AND STEVEN ROOK , jointly and severally , in the amount of $4635.45 with continuing interest thereon at the rate of 23.100% per annum from October 13, 2009 plus costs. James Wa rb t,42524 WELT WEINBERG & REIS CO., L.P.A. 175 o h Third Street Ste 900 Col s, OH 43215 (61 ) 01-2600 F 14-801-2601 07 896 C N Gro KMJ This law firm is a debt collector att pting to collect this debt for our client and any information obtained will be used for that purpose. EXHIBIT Previous Baialxx P & Credits aYlTreds FINANCE cliAROE Transactions; New Balarroe Mirlinarrr Parent Due Dale $3,302.64 - $99.00 + $70.02 + $0.00 = $3,273.66 $98.00 Sep. 09, 2008 Jul. 16, 2008 - Aug. 15, 2008 Page i of 1 ;f. IladiwCard Platinum Aseoult 5314=32111112-mu Your Account Information TOTAL CREDIT LINE $3,80000 TOTAL AVAILABLE CREDIT $526.34 CREDIT LINE FOR CASH $3,800.00 AVAILABLE CREDIT FOR CASH $52534 REASE W AT LEAST THIS AM06 W Pa mMfS Creft & A*mbn l3 1 03 AJG CAPITAL ONE MME ACH PA A*Oib 08.4 UG $9900• Finance Charges (Please sae reverse for mportant mfonnabon) Babnae lick Pusodic 07 MVIDncing FNIINCE epplred io rate APR CHARGE Purdwes $3,31104 005822% D 2490% $70.02 Cash $0.00 0.05822%D 24.9D% $000 ANIMAL PERCENTAGE RATE applied this pabd: 2U^ 6fh AtYCKWONvke-Gob naw.c *bW;nbMingeymgooout, rj- or Qd 18069033637 b mpat a bC a uchn cad or spsdr b Qnbw Raidow ® Pay Online r MffMi*Rr Mar mdwpb'muab: Bair SA), N.A. • P 0 Bar 7ON4.Owbtls, NC Sad kgUkies to: CaMOres PD Box 3=-SdLife Q1,Ur841360586 Have a question about a Berge on ywr sfaeameuLl Please refer b the Bung R#b SLmmarym the heck d your statement or Yet PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WVMCAPRALONECOM TO MAKE YOUR PAYMENT ONLINE CapmailO/le what's m your walkt7" New Balance fAnknum Payment Due Date $3,273.66 $98.00 Sep. 09, 2008 PLEASE PAYAT LEAST THISAM0UNf Amount Endosed C= 0 5291077328823708 15 3273660099000098000 Capital One Bank (USA), N.A. P.O. Box 70864 Charlotte, NC 26272-0864 7581896 ''Id111111'h'llll?'l'll'I'I'111"111'111'?1'11'I'111'I'll'll''I Account Number: 5291-0773-2882-3708 Pk- pft address or phone number dwrges below using bke or black ink Hare Fhorw Afh:WWW Prone &MIffadftu 6P #9022900326462336# MAIL ID NUMBER CERINA L ROOK STEVEN ROOK 1633 MOUNTAIN RD NEWBURG, PA 17240-7123 Jill 1111111111 Neese write your aaaunt number on your payment made payable to Capital One Bank (USA,), NA. and rtBril with this cxgw in the wxlwW envelope. t PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. CERINA L ROOK 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 infoZ! d be Dated: A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 09 OF 2N9 NOV 45ROCWW" 17 AN 10: 38 ,4'78.50 ;g. CK--9 Haiaee? IZ--4 - a,3 1 `7'r SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant ???y+sp ?{ ?u?uLrr????s4 ALED-D+;,T CE r}E ?,N(TARY 2009 NOY 24 AM 8= 3? I t \&J1; Edward L Schorpp Solicitor Capital One Bank (U.S.A.) N.A. vs. Steven Brady Rook Case Number 2009-7993 SHERIFF'S RETURN OF SERVICE 11/19/2009 02:53 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on November 19, 2009 at 1453 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Steven Brady Rook, by making known unto himself personally, at 1633 Mountain Road, Newburg, Cumberland County, Pennsylvania 17240 its contents and at the same time handing to him personally the said true and correct copy of the same. 11/19/2009 02:53 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on November 19, 2009 at 1453 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Cerina Lynn Rook, by making known unto Steven Brady Rook, husband of defendant at 1633 Mountain Road, Newburg, Cumberland County, Pennsylvania 17240 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $62.00 November 20, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF By!! `' . Depu Sherif jc; CountySuite Shenff . Te!eosot! In; UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: STEVEN BRADY ROOK CERINA LYN ROOK, Debtors STEVEN BRADY ROOK CERINA LYN ROOK, Movants v. CAPITAL ONE BANK (USA), NA, Respondent : Chapter 7 : Case No. 1-10-bk 09169 -MDF : Re: Docket Entry No: 18 : Motion to Avoid Lien 1,0 230 ORDER AND NOW, it appearing that the respondent has failed to answer or otherwise defend as to the Motion to Avoid Judicial Lien filed herein by Movants, and upon this Court's finding that the allegations of said motion are sufficient to state a good claim for relief, it is hereby ORDERED, ADJUDGED and DECREED that: 1. The judicial lien held by the respondent, Capital One Bank (USA), NA, against Debtors' real property located at 1633 Mountain Road, Newburg, Cumberland County, Pennsylvania, and entered of record at Docket No.2,2009-7993 ivil Term at the Cumberland County (PA) Court of Common Pleas, is declared void. 2. The respondent shall forthwith take all steps necessary to release said judicial lien and remove it from the local judgment index. Dated: March 4, 2011 040080 By the:Cnurt 16407040120014 CD :