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HomeMy WebLinkAbout09-8087 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: dQ . Ane L? vs. COMPLAINT IN CIVIL ACTION HARRY E WINSTEAD 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 07732226 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 HARRY E WINSTEAD 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: HARRY E WINSTEAD 32 JOHNS DR ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX2052 . 4. Defendant made use of said credit card and has a current balance due of $2235.49 , as of November 06, 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 24.200% per annum on the unpaid balance from November 06, 2009 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 111" and made a part hereof. 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 , HARRY E WINSTEAD , individually , in the amount of $2235.49 with continuing interest thereon at the rate of 24.200. per annum from November 06, 2009 plus costs. JameJC Warmbro t,42524 WELT WEINBERG & REIS CO., L.P.A. 436 th Avenue, Suite 1400 Pitth, PA 15219 (412-7955 FAX: 338-7130 07 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. FINANCE Prtevious Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date $1,598.67 - $0.00 + $34.67 + $78.00 = $1,711.34 $296.00 Jan. 07, 2009 Nov. 14, 2008 - Dec. 13, 2008 Page 1 of 1 MasterCard Platinum Account 5291-071332182052 Your Account Information TOTAL CREDIT LINE $1,05000 TOTALAVAILABLE CREDIT $0,00 CREDIT LINE FOR CASH $1,050.00 I AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please see reverse for important information) Balance rate Periodic Corresponding FINANCE applied to rate APR CHARGE Purchases 51,62310 007121%P 2599% 53467 Cash SO-OD 0.07121%P 2599% 90.00 ANNUAL PERCENTAGE RATE applied this period: 25.99 dlZk At Your Service - Go to www.caoitabw.wm to marega your appoint, O, or Cal. 1b00-903-837 to report a tni or slbbn cad or speak to Qstoma Runs ® Pay Online atvwwLaa6abnsWmormail your paymrtto. Capital One Be* (USA), NA • P 0 Banc 71083.OVbtle, NC 23272-1083 ® Send Inquiries to; :apital0"er P D 5x 30285 - sat Lama Qty, Lrr 84130-0285 G Have a question about a charge on your statemere Please refer to the Billing Rights Summary on the tack of your statement or visit rtww kxr comldsni lies PLEASE PAY AT LEAST TMS ANIOUNr YoUre lbehlnd by five payments We've parmanen0y renked your charging pnA.-ges If you oontnue to miss Dayments your account is at risk of being charged off Please don't fel this happen If yWre feeling overwhelmed, call us at 1 800 955 oy"%. 0 We9 waft with you to resolve this matter payments, Credits & Adjustments Transactions 1 08 DEC PAST DUE FEE S39 00 2 13 DEC OVERL.IMIT cEE DEC 13, 2DOB $3900 Under terms prevlousy discbsed to you, some or all of your Mrulal Percentage Rates (APRs) have been increased since your account was past due twice in the past 12 billing cycles If your rates have already increased, subsequent deingrenm3 w1enclod the duatpn of the increased rates Remember if we receive your mramum monthly payment on lime for 12 corcecuWe Wig cycles, this amount will be reviewed for a possible return to your Non-Introdretory APR Your amount is 90 days past due and your Payment Protection coverage has been suspended As sated n your Payment Protection agreement, your coverage and moMhy charge will be reinstated once your account is no longer 90 days past due You may still be eligible for benefits b be paid to your account for loss events descrbed in your Payment Protector agreement . Cal StOnebndge, Benefit Servcas at 1-8BB-527-69D4 to see rf your situation qualifies for benefits Your account has gone over its crack limit. To avoid additbral overlmrt fees, you should pay more than the Minimum Payment Please pay enough to bring your account balance below, your credit limit mmediatey, and make sure your account balance remains below your tract limit Please be sure fta amount you pay accounts for any future purchase, fees, and finance chages You were assessed a past dae fee because your minimum pagrnent was not received by the due date To avoid this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Capital One PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WAANV.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE 7732226 ? 1 5291071332182052 13 1711340200000296009 Q w"-,1 1 Account Number. 5291-0713-3218-2052 Due Date New Balance Minimum Payment Amount Enclosed Jan. 07, 2009 $1,711.34 $296.00 PLEASE PAY AT LEAST ?J THIS AMOUNT #9034928923781168# HARRY E WLNSTEAD 32 JOHNS DR ENOLA, PA 17025-2696 111111111r11?111111111111111r1111rr1?r?lrll?l1?11111111111111rr11 Lend a hand. Save the land. Manage your account online today- it's fast, easy and secure. ID pay ortne anyhme-no more checks, stamps or clutter Q Moving? Change your address online or on the back 0 Help save the planet Go paperless © Sign up at www capdalone com Capital One Bank (USA), N-A. P.O. Box 710&3 Charlotte, NC 26272-1083 1111111r111rr11111r11r1111111rrlllllrrllrlrlllrllrrllllllllrllll Please make checks payable to Capital One Bank (USA), NA and mail with this coupon in the enclosed envelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. HARRY E WINSTEAD 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, informatio nd belief. Dated: N Sierra Fenner A049 WELTMAN, WEINBERG & REIS CO., L.P.A. THr- 2009 N;W G fl IJ -i 3: 41 v 78. rv ?LL a4-9 cu,4 tiaq93sY R *L a3aQZ?L SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff ~~~~~ti~,~ tit ~i,.uu,~rlrrrb Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant R~,~~ Edward L Schorpp Solicitor Capital One Bank (U.S.A.) N.A. Case Number vs. 2009-8087 Harry E. Winstead SHERIFF'S RETURN OF SERVICE 11/24/2009 07:13 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on November 24, 2009 at 1913 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Harry E. Winstead, by making known unto himself personally, at 32 Johns Drive, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 SO ANSWERS, ~.. November 25, 2009 R THOMAS KLINE..~HERIFF B'Y o~ -~-I,~..~i rto-~ ~.~`~ ~ovg ~1 ~c. - ! ~~?. ~ :~3 ~nb. ~o.,t~i¢ ~~ ~ . ~~i~ (ci (;n.in,vBnl~C ShFrd~t. Teiaas~~'t. ioc.