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Home My WebLink About09-8096IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. DON COOK Defendant No : OQ - 86% aj i l -le r rM 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 07714248 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 DON COOK 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: DON COOK 64 RUSTIC DR SHIPPENSBURG, PA 17257 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX6660 . 4. Defendant made use of said credit card and has a current balance due of $2009.28 , 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 23.100. 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 , DON COOK , individually , in the amount of $2009.28 with continuing interest thereon at the rate of 23.100. per annum from November 06, 2009 plus costs. James C. WELTMAN, 436 Sev Pittsb (412) 3 FAX: 12 07714 4A EINBERG & REIS CO., L.P.A. h Avenue, Suite 1400 PA 15219 -7955 338-7130 C N Pit KMJ This law firm is a debt collector attempJZng to collect this debt for our client and any information obtained will be used for that purpose. Previous Balance Payments & Credits FINANCE CHARGE Transactions New Balance Minimum Payment Due Date C$1,105.11D - $0.00 :D + $23.80 + $55.61 = $1,184.52 $98.00 OCt. 18, 2008 Aug. 24, 2008 - Sep. 23, 2006 Page 1 of 1 MasterCard Platinum Account 51780524A106 N Your Account Information TOTAL CREDIT UNE $500.00 TOTAL AVAILABLE CREDIT $0,00 CREDIT LINE FOR CASH $500.00 AVAILABLE CREDIT FOR CASH o a ..., .^.? $0.00 Finance Charges (Please see reverse for important information) Balance rate Periodic Conesfwndirg FINANCE aFpliedto rate APR CHARGE Purchases SBB776 003822%D 249D% $1877 Cash 5237 71 0.06822°% D 24.W% $5.03 ANNUAL PERCENTAGE RATE applied tints period: 24.90% Q AtYowService -Gobrwwcc®lebnooomromacegeyour woout, or Wl 14005033637 U report a bet or stobn cad x spade to Customer Relations ® Pay Online d wwwcaaebie oom or rWyour Pament b: Cepm Ore Bala (USA), NA • P o Bur 70564 • Cram,, NC 28272-0864 Send bKF*I s 110: Caput Drta, P D. Box 30285 • Sid Lalw City, UT 841M M ® Have a question about a charge on your datemnt7 Please refer to the B14 Rights Summary on the beck of your statement o, visit www moita lone oom/dsputes YouYe behind by two payments L-ft talk If you're having firenoial difficulties and can't make your minimum payment - we wart to help Left work together to find a solution PaYmenIS, Credits & Adiustments Transactions 1 17 SEP PAST DUE FEE Sag OD 2 23 SEP CAPITAL ONE MONTHLY MEMBER FEE $5 DD 3 23 SEP PAYMENT PROTECTION 1888527x04 511.61 Under terms Prevtausty disclosed to you, some or all of your Am W Percentage Rates (APRs) have been increased since your account was past due twice in the past 12 toting cycles If your rates have already increased, subsequent delinen toes wended the duration of the increased rates Remember If we receive your minimum monthly payment on time for 12 cargec(k?e tolling types, tits account we be reviewed for a possible return to your Nat-Introdictay APR Your account has gave over is credit limit. To avoid additional we*W fees, please pay enough to bring your balance below your credit Imrt mmedatey, and make sure you reman below your oecit limit Please be sue to account for arty future purchases, fees, and firarce charges You are a valued Payment Protection c stoner and may be eligible for bereftls to be paid m your accarR per the terms of your Payment Protection agreerrert. If you have etgerenced an eligible loss event, please cal Sto ebrd a Benefit Services at 1988,527-6804 to see if your sdobDn gisifies (a bereft Your account is W days past due and your coverage will be suspended f it reaches 90 days past due, as stated in year Payment Protection agniemert. You were assessed a past die fee because your minmuri paynnert was not received by the due dale To and this fee in the faire, we recommend that you allow at least 7 business days for your minimum payment to reach Capital One Daert I womo- PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE C.Va"W le, what's in your waller7.. New Balance Minimum Payment Due Date $1,184.52 $98.00 :) Oct. 18, 2008 I'IFASE PAY AT IFA5T THIS AMOUNT Amount Enclosed C= 0 5178052461066660 23 1184520117000098006 Capital One Bank (USA), N.A. P.0• Box 70884 Charlotte, HC 2&272-0884 7714248 Illllllllll,Il'Illlt'IIIIIIIIItIItIIIIIIIIIII,11'I'11111'Iltll'II Account Number. 5178-0524-6106-6660 Piease Print address or phone number drarges below using blue or black ink Addre-W Nome P/1" Alne wre Phone f madadio,em O #9026811931501176# MAIL ID NUMBER DON COOK 64 RUSTIC DR SHIPPENSBURG, PA 17257-9458 IIIIIIIrII'II?IIIIIP-II-III-Y.111119rrIII' r°.rrllllllrlil Please write your account number on your payment made payable to Capital One Bank (W& NA and mail with this coupon in the endosed envelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. DON COOK 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: %nX t ? I-% , f , ".. - % Sierra Fenner A049 WELTMAN, WEINBERG & REIS CO., L.P.A. Q FILED-01 'F?E TNT FR T -r,?";OTARY 2009 8Y 23 Ate 8: 4 6 PEN; a Y?7 ? t,. ak?u INSYLVA,! l c V I1-; 4'78. SO Pd Ar--( aO 4Mg35q e aaam 46