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Home My WebLink About09-7994 e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff Vs. No: 69 -- 7??? (2l C0 'L COMPLAINT IN CIVIL ACTION MICHELLE E STRAUB AKA MICHELLE STRAUB Defendant 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 07559217 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 MICHELLE E STRAUB AKA MICHELLE STRAUB 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: MICHELLE E STRAUB 207 N LOCUST POINT RD MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX3448 . 4. Defendant made use of said credit card and has a current balance due of $3631.92 , as of October 13, 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 23.900. 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. r 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 , MICHELLE E STRAUB , individually , in the amount of $3631.92 with continuing interest thereon at the rate of 23.900% per annum from October 13, 2009 plus costs. fames u. rmoroat,42524 WELTMAN, INBERG & REIS CO., L.P.A. 175 Sou hird Street Ste 900 Coumb H 43215 (6l14) 2600 FAX: IV 01-2601 07559 N Gro KMJ This law firm is a debt collector attemptVng to collect this debt for our client and any information obtained will be used for that purpose. v'ilv SIT tAl 011 FINANCE Previous Balance Payments 6 Credits CHARGE Transactions New 8010= Minimum Payment Due Date $2,502.17 - $0.00 ? + $53.65 + $64.68 = $2,620.50 $698.50 Oct. 04.2006 Aug. 10, 2008 - Sep. 09, 2008 Page 1 of 1 A, Visa Pmthm Accent 4B62Jti71=3441 Your Account Informatlon TOTAL CREDIT UNE $2,000.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $2,000.00 AVAILABLE CREDIT FOR CASH $0.00 PLEASE PAY AT UASr T%AMOUW YDUre Ww d by feu paymema But you can std ling your account curets by payrg the ra anum payment arri t on your statement. Need help? Give us a cal at 1900.955 6600 Well work togalher to fnd a saiuhaa Credits & Transa9tim 1 03 SP PAST DUE FEE $3900 2 09 SE? PAYMENT PROTECTION 1MBWaN $25.68 Under term prevrousty dscbsed b you, some or all of your Annual Percentage Rates (APRs) have been ncresucl ance your accaa t was past due twice n the past 12 bblkrg cycles Ryan rata have alr a rlcnaased, srbseque rt dafnquerm ewarded the duration of ft racreRsed rates Remember Rwe receive ymr mranun monthly paymrent on tree for 12 easeaabve bang cycles, to a=unt will be renewed for a possible return b your Nm4n1lrod>;lciry APR. Your a= nt is 90 days pall due and your Payment ftla iOn cwerage has been suspendad As stated in your Payment Prote:tion ayeanrat, yar coverage and monl* charge will be msrsbBed once your a=nt is no longer 90 days past door You may soli bar ek;;l* for b:araefita b bar paq to yar s m nt for Ices every desabed in yar Payrnent Protection agreement. Cal Stmebrdge Bereft Servms at 1-8BBW89D4 to sea dyer situation qualifies for benefits You were assessed a past due fee be== your mrraam payment was not received by the due rote To avod the fee in the fuhre, we recommend t* you alaw at least 7 business days for your maanum payment breach Capital One Fna116e Charges (Please see reverse br mpats nfamataon) BBW= rate Penci& Co respond g FINANCE wow b rate APR CHARGE Purdiams $2,535 76 0.0682296 D 249096 $53.65 Cash $0.00 0.0687196 D 24.90°6 $0.00 ANNUAL PERCB{TAGE RATE appile l this paired: 24901. 0 PaYoraServke-GDby xr bmaageyaramit, or Gat 14W;I&3637 b rapat a bat or dabn cad or speak b Unboar Rabtors 0 PryOnline d vwwavabriomm or mod Wpw wt b: QwW Ore Bank (USA), NA • P 0 Sac 70084.Orebile, NC 2BU24W Saw Yagrrkks b: C411111 OWP0 BOK30786•Salt I"CkY,Uf841MM ® Have a question about a charge on yea chat med4 Please refer b the Btbg Rats SUnmay m the bai(dyour statement or veal WWW-Cocilabneaziftift PLEASE RETURN PORTION BELOW WOH PAYMENT OR LOG ONTO NNNN.CAPRAIANE.COM TO MAKE YOUR PAYMENT ONLINE Csk*IWOW what's rn your walkt'?" New Balaroce Minimum Payment Due Date $2,620.50 $698.50 OCt. 04, 2008 NLASE PAY AT LEAST THISAMOUNT 0 4862367182893448 09 2620500150000698509 Amount Enclosed E? Capital One Bank (USA), N°A• P.O. Box 864 Charlotte70, NC 26272-0884 7559217 llhlauu•Irllhl•IIIIIPIhlll4uhdal•d•I•ulll•ullrll Aooourat Number: 41862-3671 8289-3448 Please Wvft address or phone number dra V a below using blue, or black irtk Flovne Mwm Aftweerr P)'wrx F,rWmabies #9025430127769033# MAIL ID NUMBER 11ICHELLE E STRAUB 207 N LOCUST POINT RD NECHANICSBURG, PA 17050-2623. rhloll•••Itll•I•I•Ira•IPI•IIII•I•Ilalhh•IlralPn•u•• Please write your a=unt number on your payment made payable to Capital One Bank (USA), NA and mail with this =4= in the endosed emvblx. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. MICHELLE E STRAUB 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, Dated: A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 2W WV 17 AM 10: 34 ? 7e .sd?d_Al? C? hr3iaSQl F?-? a.3 3478 R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civi! Process Sergeant Edward L Schorpp Solicitor V~~i~tit~ r~,f ~~r 9 ZGr9 C`~L -1 ~'~ r 2: lJ ~' ~-;~ ~~..._ Capital One Bank (U.S.A.) N.A. vs. Michelle E. Straub Case Number 2009-7994 SHERIFF'S RETURN OF SERVICE 11/23/2009 08:02 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on November 23, 2009 at 2002 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Michelle E. Straub, by making known unto herself personally, at 207 N. Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 November 25, 2009 SHERIFF'S OFFICE OF CUMBERLAND COUNTY . ~t ~aur'(r - ` SO ANSWER , ~.~ R THOMAS KLI BY ;r.. ib~.inty>:aitr ~her!',f. Te',eso?t Ire. 3... T` _ r~,,f 1 (~ ..~ ~tJ~U f~i~~t7 ~vt Bill '~ !` v ~IuGr S A~rtit cv,cs r -i';i !~ ~~~,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. MICHELLE E STRAUB Defendant(s) No. 09-7994 CIVILTERM PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Lyndsay E Rowland, Esquire PA LD. # 205520 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7559217 NPE ~$.oo P+A ATrI C~ c~.~~as97 a~~3o5 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 09-7994 CIVILTERM MICHELLE E STRAUB Defendant(s) PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. WELTIV~AN, ~EINBERG & REIS CO., L.P By: Lyndsay E land, Esquire PAID.#2 0 WELT INBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #7559217 Sworn to and subs~jr~ib~ed before me this~~'~y' day of July, 10 /~ - r/ v f%-- TARY BLIC ~~„wN~~ ~NNy-nvar~v~ raan~i ~i ShNIO G. ewlut, ~~~ pO1i ~~` NOV. 15 2010 h1E111 , 5