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Home My WebLink About09-8088IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: OQ - e0ge vs LAWRENCE W SMERLING Defendant 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 07714418 C N Pit KMJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. LAWRENCE W SMERLING Defendant Civil Action No 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: LAWRENCE W SMERLING 6315 BRANDY LN MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX4643 . 4. Defendant made use of said credit card and has a current balance due of $4417.32 , 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 , LAWRENCE W SMERLING , individually , in the amount of $4417.32 with continuing interest thereon at the rate of 24.2000 per annum from November 06, 2009 plus costs. James C. armbrodt',42524 WELTMAN EINBERG & REIS CO., L.P.A. 436 Sev n h Avenue, Suite 1400 Pittsb rg , PA 15219 (412) 43 -7955 FAX: 1 -338-7130 0771 4 8 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. Previous Balance $3,129.25 Payments & LYedits - $0.00 + FINANCE CHARGE Transaaons $70.02 + $39.00 = New Balance Minimum Payment Due Date $3,238.27 $448.27 Aug. 006 22 8' Jul. 02, 2008 - Aug. 01, 2008 Page 1 of 1 • ° • KL*E PAY AT IPSr T415 ANN M Visa Platinum Account 4862.36215709.4643 Your Account Information TOTAL CREDIT LINE 32,79000 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR GASH $2,790.00 AVAILABLE CREDIT FOR CASH $000 Finance Charges (Please see reverse for important informalron) Balance rate Periodic Corresponding FRANCE applied to rate APR CHARGE Purcteses 53,17172 007121%P 2599% $7002 Cash SD 00 0 07121% P 25.99% $0.00 ANNUAL PERCENTAGE RATE applied this period: 25.99% AtYour Senvke • Go b wwwcaait»bre.ocm b mawge yea a.croi+t, n or CA 14MM3,67breW a lost or dole.cadOr Teak to CLsiol- Ret+b•is PayOnBneSttw,wcmW1bre.comormalyarP%^n"to '{?" ? Gwo One Bak (USA), NA • P 0 Box 7D384. Orabtb, NG 28272.OBM A SendInquiries to: Garin On- P D Bar 30285 • Set L" City, UT 84130-M You're behind by four payments. But you can still bring your aDownt current by paying the minimum payment amount on your statement. t•IeeJ Nato? Give is a call at 1 900 955 66W Well wan together to find a solution Payments Credits & Adjustments Transactions 1 20 JJL PAST DUE =EE S39 OD Under terms previously disclosed b you: some or all of your Annual Pe tentage Rates (APRs) have been increased since your aooount was past due twice in the past 12 billing cycles If your rates have already increased, sct)sequent delinquencies extended the duration of the increased rates remember If we receive your minm am monthly payment on time for 12 consecutive biing cycles, Ins account will be reviewed for a possible return to your Non-Introducbry APR. Your account has gone over its credit limit. To avoid additional overlimrt fees, please pay 5vugh to bring your balance below your credit limit immediately, and make sure you remain below you, credit limit Please be sure to account for any future purchases, fees, and finance charges You were assessed a past die fee because your minimum payment was not received by the Jue, date To avoid this ice in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Capital One Q Hare a question about a charge on your statement? Please refer to the Billing Rights Summary on the beck of your statement c, vrstAww-pan )owcan/drautes s PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO VANW.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE ?4643 01 323827005D000448275 wham ,r?,wa ar,. Capiffalolle' New Balance Minimum Payment Due Date $3,238.27 $?.27 Aug. 26, 2008 Amount Endosed Capital One Bank (USA), N.A. P.O. Box 76884 Charlotte, NC 28272-0884 7714418 IIIIIIIIIILII'Illll'IIIIIIIIIIIIIIIIIII11111•II•I•uPlrullril Account Number. 4862-3621-5709-4643 Nease print address or Phone number changes below using blue or btadc ink Home Phone Alternate Phone #9021595351764258# MAIL ID NUMBER LAWRENCE W SMERLING 6315 BRANDY LN nECHANICSBURG, PA 17050-2812 •rI11.11-III-II-IIdFI I'IIIIIIIIII - I I- IIII - I'IIIII•IIIIII - IIIII - Please write your account number on your payment made payable to Capital One Bank (USA), NA. and mail with this coupon in the enclosed envelope. L? PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. LAWRENCE W SMERLING 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, information and belie Dated: Ak&'\ Sierra Fenner A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 0-1? FIS f 2009fir t: ?a p Cl 41?+ . iV;Y CK.? Y3y4as8 lZi?-- d 3 a 9,27