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Home My WebLink About09-8343t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. DONALD E FRYSINGER Defendant No: Q y?. 0 ?3 C? ?'I 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 07714468 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 DONALD E FRYSINGER 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 It t 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: DONALD E FRYSINGER 5 MOUNTAINVIEW DR CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX7814 . 4. Defendant made use of said credit card and has a current balance due of $1328.78 , as of November 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 23.10001 per annum on the unpaid balance from November 13, 2009 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 111" and made a part hereof. I 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 , DONALD E FRYSINGER , individually , in the amount of $1328.78 with continuing interest thereon at the rate of 23.100% per annum from November 13, 2009 plus costs. Jamr37 t,42524 WEL& REIS CO., L.P.A. 436 , Suite 1400 Pit5219 (41FAX077 MJ This law firm is a debt collector atte Owi ng to collect this debt for our client and any information obtain ll be used for that purpose. Previous BdanDe P 6 Credits aY?? FINANCE q.igRQ,E Transactions New Balance Mirrirrxan Pa t D $584.11 - $0.00 * 56.40 + $78.00 = 8668 51 ymen ( $37 00 e ue par, S 30 t . . ep. , Aug. 06, 2008 -Sep. 05, 2008 Page 1 crf 1 Visa Pktilam Account 4B6L3/77d7B37114 Your ACCOunt hdbrmati?on TOTAL CREDIT UNE $600.00 TOTALAVAILABLE CREDIT $0,00 CREDIT LINE FOR CASH $500.00 (777 = FOR CASH E0.00 FnW= Charges (Prise see reverse for mportant mkmaton) Balance rate Perodc Canspon3g FNANCE appked to rate APR CHARGE pwr ham 5585.97 0.03465%P 12.65% $640 Cash $0.00 006650% P 200% $0.00 ANNUAL PERCBITAGE RATE Wpled this perlod: 1211896 Afh At Your Service -Gobmnm bbrmrn to mwgp your O=W W (let 14WaM W b spat a but or stein cad or speck b CLslow Reheorrs Pay online dybw ormslyarpafnafb: CapaW Or. Be* (USA), NA • P 0 B. 70884.Okablb, NC Sand Ntgdrbs to: Cpl4l Orw P 0 Bic 30285 - Set Laps COY, UT 84130-M PLEASE PAY Ar LEW TM AMDUM Yaffe beW by one payment Remember tat payng the mn mim payment by the due date keep your aca mt anent So make sure you send in the mnmun payment m keep Yor+ accart aarent "Important Noboe° Urrdw the terms we prevtxsty disclosed to you, your aom" is now elgtle for an mraase n Meal PercertaF Rates (APRs) effecfive mnadeley I_ w , CWI One has elected not to rase your APRs at this ttn a Please be advsed tlTat f you fail to keep your acoorrt n good standrg. Capital One reserves fire right to raise your APRs in the fi)hire Credits 3 TranoarUm 1 30 AUG PAST DUE FEE $39.00 2 05 SE' OVERLIMIT FEE SEP 05,20 539.00 Yar a=nt has gone over is ore* Imt To avoid addtonal ovelYnd toes, please pay ernugt to bmg your balance below your aedt limit mmedetey, and make sue you reman below your credt limit Please be sire to account for any fuhre purdhesso, low, and finance charges Your=ount s designated to dose Conbrw to make payments wAl your balance reaches $0 Your account wil dose on the first statement after you balance rmdas $0 Do not make any new darges on yor eredt card and stop any aubmatc payments or preauthamed dirges you may have set Lip on your w=nt. Vyou use (wipe) your card durrg to kne, we can consdsr this athorrmtcn to remove the close regest and your account can reman open You were assessed a past die foe becase you mnmem payment was not received by the In date To avod this fee in the fitre, we rewmme d that you Am at least 7 bsness days for your mwrmun payment b reach Capital One ® Have a quedlon about a dwv on yow statemw Please n#er to d* Bdkg Rights Summery m the beck of yow statement or vim PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WW&CAPITAONE.COM TO MAKE YOUR PAYMENT ONLINE /+',?a?,?? 0 4862367177837814 05 0668510070150037006 orle- wh.fs., murwallet?' New Balance Minimum Payment Due Dame C$668.51 $37.00 Sep. 30, 2008 PLEASE PAY AT LW THIS AMOUNT Amount Enclosed C= Capital One Bank (USA), N.A. P.O. Box 76884 Charlotte, NC 28272-0884 7714468 ?'IIII'I" ?rh?Illl??llll'I'PdlI'UIhIII''?ll?l?I'l'I?u'h?'I Account Number: 4862-3671-7783-7814 Please print address or phone number charges below using bk a or blade b* Norse P7wnv Aftenuse Phome - - E,mav7addrs p #9025080487474409# MAIL ID NUMBER DONALD E FRYSINGER 5 ROumrAINVIEY DR CARLISLE, PA 17013-1016 .11 -'-11 I'll IIIh III" Please write your account number on your payment made payable to Capital Dne Bank (USN, NA and mail with this ooupon in the enclosed envelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. DONALD E FRYSINGER 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 belief. Dated: \171?;?Y1 ,f' )S:Wmh, Sierra Fenner A049 WELTMAN, WEINBERG & REIS CO., L.P.A. FILE r a :JTAPY Z?J? f??lr -3 &=3 f f ? wj ?v ? rv a t t t 2 ': i y3 s--g -2?-5-