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Home My WebLink About09-8094IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs BARBARA A MARTIN Defendant No. CR - Wiz (aWil 10-04 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 07558928 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 BARBARA A MARTIN 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: BARBARA A MARTIN 302 W LISBURN RD MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX6169 . 4. Defendant made use of said credit card and has a current balance due of $2803.24 , 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 24.9000 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 , BARBARA A MARTIN , individually , in the amount of $2803.24 with continuing interest thereon at the rate of 24.900. per annum from November 06, 2009 plus costs. WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Sev n h Avenue, Suite 1400 Pittsb g , PA 15219 (412) 34 7955 FAX: 2 338-7130 07558 2 C N Pit KMJ This law firm is a debt collector attempg to collect this debt for our client and any information obtained ll be used for that purpose. Account&rmmaty C?NoHassk REWARDS Previous Babusce $1,351.23 menCreditsandAdjustments $40.00 Transaictioris $.00 Finance Charges $10.50 New Balance $1,321.73 Mmimum Amount Due $39.00 Payment Due Daze October 19, 2006 "Total Credit Line $1,450 Total Available Credit $128.27 Credit Line for Cash $1,450 Available Credit for Cash $128.27 PLATINUM VISA ACCOUNT 4121-7416-7750-6169 Payments, Credits and Adiustmeats AUG 20 - SEP 19, 2006 Page 1 of 2 1 18 SEP CAPITAL ONE ONLINE ACH PAYMENT $40.00- As of 09/19/06, your dent No Hawle Rewards balanoe w 19. Please note that rewards information reported here may not reflect all purchases on this statement or recent redemptions. Sunply go online w www.capitalonexom/Pomtsewards when you are ready to redeem. NOTICE Look for a new statement design for your Capital One credit card beginning next month. A summary of the key dwoges will be provided with your new statement. Atynursetvice T. ®B C.A.- Rdat.. or t Mort a lot or st lm srd 1-800-903-3637 Sindpayrnmtsto: Sendq.-w: Aim Ranmmwe Procrosmg Calutal One Bank Calrtil One P.O. Box 70884 P.O. Box 30285 CLadotte, NC 28272-0884 SLC, UT 8413MM I Lxtportant Account Information Beginning October Is; 2006, based on your account activity you may be assessed more than two Lite, overlimu, or returned check fees that occur during any billing period. Finance Charges Pteaterernzrmx,dej rtvpffnt tn?mAxi w t ^-'- Porode i Corr S yp ? R&S k n .1PR L PURCHASES $385.70 .05356%D 19ss% $6.40 CASH $.00 SPECIAL. TRANSFERS $968.03 .05356%D .01367% 1955% 4.9916 f.00 $4.10 ANNUAL PERCENTAGE RATE applied this period 9.13% V PLEASE RETURN PORTION BELOW WITH PAYMENT v 0000000 0 4121741677506169 19 1321730040000039009 Ptrarprn,ttmmlmgtad r e„?,r r, :a,n6dtrKm New Balance $1,321.73 kt- aKli e Minimum Amount Due $39.00 s„s Apt 0 Payment Due Date Octbcr 19, 2006 aty S.. ZP Total enclosed = Home Plnae Alwe PI.. AcoountNumbcm 4121-7416-7750-6169 61 &n 1Add= #9026312626233548# MAIL ID NUMBER Capital one Bank BARBARA A MARTIN P.O. Box 70884 302 W LISBURN RD Charlotte, NC 28272-0684 MECHANICSBURG PA 17055-5825 7558928 Pkw. rweteyouracmrrrrt nonkr myow dmk or murky order m detoWk to Capita! One Bank and mail in the rndaaden-4,t,. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. BARBARA A MARTIN 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 belief Dated: t V In &AMU Sierra Fenner A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 0 FILED-{ li it C:E f-F THE ?r';(,,imOT PY 2009 NOV 23 AE 8: 4 4 I vt.J r !u?V cure= ,' , ^ ? t^VIr h, 1, n $g8.50 Pb ATrY Ct` µ3y9356, e A,&3943 R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ~~~ti,tin o 4~(~uGrr~~~~s~ ~~. .:-. _ ..:::::i~~ 2GC9 0 ~ C -1 ~'3'~ Z: ~ 3 ~•~t ~~ .. ~- - ~.' Capital One Bank (U.S.A.) N.A. vs. Barbara A. Martin Case Number 2009-8094 SHERIFF'S RETURN OF SERVICE 11/24/2009 03:45 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on November 24, 2009 at 1545 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Barbara A. Martin, by making known unto herself personally, at 302 W. Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 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 SO ANSWERS, R THOMAS KLINE~ERIFF 13y SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~ ~-. ~ - Sher ;. C !~OU!^h; Sure, ~hEsr ~Yf, 7E'i~^C50}t. li?G.