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HomeMy WebLinkAbout09-8344 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: 0?- ;R-3 qq vs REBECCA L MOORE COMPLAINT IN CIVIL ACTION 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 07435997 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 REBECCA L MOORE 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: REBECCA L MOORE 211 HEMPT RD MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX8023 . 4. Defendant made use of said credit card and has a current balance due of $1751.56 , 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 24.400% 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. 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 , REBECCA L MOORE , individually , in the amount of $1751.56 with continuing interest thereon at the rate of 24.400% per annum from November 13, 2009 plus costs. James c. WELTMAN, 436 Seve Pittsbux (412) 4 FAX: 4 074359 7 This law firm is a debt collector attempt our client and any information obtained w ro t,42524 ERG & REIS CO., L.P.A. venue, Suite 1400 PA 15219 55 8-7130 N Pit KMJ to collect this debt for be used for that purpose. Previous 8da= Payments & Credits FINANCE Transatdorrs New Balare Minimum Payment Due Date C$1,219.75 - $0.00 D + $25.37 + $68.00 = $1,313.12 $243.00 Nov. 07, 2008 Sep. 14, 2006 -Oct. 13, 2008 Page 1 of 1 Vies Platinun Account /962 Your Amount ILIfbrilmO n TOTAL CREDIT LINE $500.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $500.00 AVAILABLE CREDIT FOR CASH $0.00 f'Inari68 Charges (Please see reverse for nportant Information) Balance rate Periodic Conespondirg FINANCE applied to rate APR CHARGE purchases; $123970 0058L%D 2490% $25.37 Cash $0.00 0,00822% D 24.90% SO.OD ANNUAL PERCENTAGE RATE applied thls period: 21.9096 AtYou8errice-Go byawomitabMmbmaageyasmit, C or Oat 14WD" b report a tS or doln cad or speak ID Rabira Rabtxa 0 Pry Ovine at www.craoabna oom or rnallycuperwitta: Capital Ore Be* (USA), NA - P 0 B. 71083. Gobtle, NC 28272.1083 A Sad Includes to: Octal Oran P 0. Bat 3DP85 • Set Ltla City, UT 8413 4M ® Have a question about a charge onyowdaiemat7 Please refer to the Burg Rghls Summary on the back of your statement or visit www-candaloneoomIdsoLites Ya%he behind by sot payments If we charge off you ai=ut de to laze or missed pWrients, finance Barges will conti tie to scone Ad now to prevent this from happening please pay the nrm m payment armed on your statement or give us a cal at 1 BM 955 650D We4e here b help Take Control of your credt with COU Oro -Important Notice Dnder the terms we prevleusy ds*eed to you, your accoint is now algble for an increase in Annual Percentage Rates (APRs) etfectwe mnsdiatefy However, Cr{ al one has elected not to rase yorr APRs at On time Peae be ad ssd that f you fail to keep ymr account n good sfandrg, Cpl One reserves to right to rase your APRs in the kMre Payments Credlfs & Adustments Transadlons 1 DB OCT PAST DUE FEE 53900 2 13 0CT OVERLIMIT FEE OCT 13, 2008 S W Your account is 90 days past die and your Payment Protection coverage has been suspercJrd. As stated n your Paynert protection agreemart, your coverage and mor" Gage will be rartvtalod once your account is no longer 90 days past" You may still be eligible for berieft to be pad to your account for loss events desabed in yarn Payment Protection agreement. Cal Stoneb d Bereft Senecas at 188.5 MN to see dyou sik ehm gsailies br banift You w=nt has gore over is as* limit. To end addiontd overli t fees, please pay trotgh to long your balance below your credit Imd mme&d*, and make sue you renen below your crocit limit Please be sue to account for arty futue puchases, fees, and fnaoe charges You were assesseJ a past de fee because yen mnntm payment was not reoened by the die cote To mod this fee n the future, we recommend that you absw at least 7 btsneiss days for your mnmun payment to reach Cap" Ore I PLEASE RETURN PORTION BELOW WfrH PAYMENT OR RAG ON TO WWW.(APITALONE.COM TO MAKE YOUR PAYMENT ONLINE 1 4862362586928023 13 1313120034000243003 7435997 C apTM?1' AccourLtNumber:4862-3625.8692-8023 Lend a hand. Save the land. Due Date New Balance Minimum Payment Amount Enclosed Manage your account online today- $243 12 00 $1 313 it's fast, easy and secure. ( . , Nov. 07, 2008 . ® Pay orlme anytime-no more checks, stamps or dotter PLEASE PAY AT LEAST THIS AMOUNT THI © Moving? Change your address online or on the hack ® Help save the planet Go paperless 99028818211683952# © Sign up at wow capdalone com REBECCA L MOORE 211 HEM PT RD Capital One Bank (USA), N.A. RECHANICSBURG, PA 17050-2607 P.0. 90K 71063 Charlotte, NC 26272-1063 I"Il'Illlllllll?lll?llll?lrlrll'III'll'i'111?1???"II'?II'I'I?i1 Illalln?rr'lll??"III'II?I?IIInIJr?rll?rl"I?IIII'llll'?I'??II Please make dwics payable to Capital One Bank (USA), NA and marl with this coupon in the enclosed envelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. REBECCA L MOORE 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: \?Ao\ _ &1.?0 c Sierra Fenner A049 WELTMAN, WEINBERG & REIS CO., L.P.A. F ?. 20Q3 DEC -3 32 ?? A 1 ` ? Ll;u ti. I ?'?rY 1 5-7W-, 0 Pk a16? '?3 s9 /?e -L3 yq3 y