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HomeMy WebLinkAbout09-8712IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: Cq - 871a a"", Ter* vs. COMPLAINT IN CIVIL ACTION JOHN FAY 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 07773685 C N Pit KMJ A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No JOHN FAY 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: JOHN FAY 442 VIRGINIA RD MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX2953 . 4. Defendant made use of said credit card and has a current balance due of $3806.86 , as of November 24, 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 23.1000 per annum on the unpaid balance from November 24, 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 , JOHN FAY , individually , in the amount of $3806.86 with continuing interest thereon at the rate of 23.100% per annum from November 24, 2009 plus costs. WELTG & REIS CO., L.P.A. 436 ue, Suite 1400 JamerCNAAPlintt t,42524 Pitt15219 (412FAX: 0 0777 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 BaWrloe Payments & Credits FINANCE DMW Traraactiora New Balance Minimum Payment Due Date $3,052.70 - $0.00 + $58.77 + $78.00 = $3,189.47 $713.00 Mar. 23, 2009 Jan. 27, 2009 - Feb. 25, 2009 Page 1 of 1 rCard Pktinum Auxount 52ZW4859 F Account Inbrnmijim TOTAL CREDIT LINE TOTAL AVAILABLE CREDIT CREDIT LINE FOR CASH AVAILABLE CREDIT FOR CASH $2,25000 $0,00 $2,250.00 $0.00 Finance Charges (Please see reverse for anpatant mfonmation) Balance rate Perodic Corresponding FRANCE applied to rate APR CHARGE Purchases $2,025 76 0063421. D 2315% M8.56 Cash $1,061.96 000342% D 2315% $2021 ANNUAL PERCENTAGE RATE appBed this period: 23.15% Q At Your Service- Go towiw.c?imbrexm to manage your swut, or Cut IAA- 33637 mnWX- tsta sloes cad or speck m CLsbma Rebbns ® Pay Onlroitm 0.ceotebrexomormailwpwmwtto: Ca" One Be* (USA), NA • P 0 Bw 71083 • Qebtb, NC 28272.1083 Send Inquiries to: Capital One, P O Sac 30285 - Sat Late City, Ur 841300285 G Have a question about a dirge on your statemenn please refer to the Bong R" Summary m the beck of your statement or visit www. aoilar. a oonidso tes PLEASE PAY AT rEAA TH6 AMOUNT YOUrebehnci try sR payments If we charge off your amount due to We or missed payments, fiance charges will confine to a=L a Ad now to prevent this from tmpperrng Please pay the mrmim payment amont on your statement or give us a call at 188 955 65M We're here to help Take cc,*cl of your credit WM Capital One °ImporGmt WW' L 1rKW the terms we pr(vlousy cisclosed to you, your account is row eligible, for an nciam n Annual Percentage Rates (APRs) elfacti a immediately however, Capital One has elected not to rase your APRs at this the Please be 914sed that if you fat lo keep your acoc rt in good standing, Capital One reserves the right to raise your APRs in the future Payments Creft 8r Adiustnlelt Transactions 1 20 FEB PAST DUE FEE moo 2 25 FEB OVERUMIT FEE FEB 25,219 MOD Your ax aunt has gone over b aerit limit. To avoid additional overlent fees, you should pay more than the Minimum Payment Please pay enough to brig your account balance belay your credit limit mmedatey, end make sure your accaaLt balance remans below your crodt lent Please be sure the amount you pay accounts for any We purchases, fees, and fiance chages You were assessed a past d)e fee because your mLnnam payment was not received by the due cBlo To avid this fee In the future, we recommend that you allow at lass! 7 busness days for your minimum payment to reach CgAd Ore I PLEASE RETURN PORTION BELOW WrfH PAYMENT OR LOG ON TO NMW.CAPRALONE.COM TO MAKE YOUR PAYMENT ONLINE 77.'3585 1 5178052252872953 25 3189470025000713001 G Account Number. 5178-0522-5287-2953 Lend a hand. Save the land Due Date New Balance Minimum Payment Amount Enclosed Mar. 23, 2009 $3,189.47 ( $713.00 . Manage your account online today- it's fast, easy and secure. e Pay online anytime-no more checks, stamps or clutter PLEASE PAY AT LEAST THISAMWNT THI Movrn9 ? T Chance your address online or on the back 0 iQ Help save the planet Cc paperless #9005741961161853# © Sign up at www capdalonc corn JOHN FAY 442 VIRGINIA RD MECHANICSBURG, PA 17050-3069 Capital One Bank (USA), N.A- P.O. BoK 71063 iilllINrII???rIN?.llll?ll???lll?rllllrl Charlotte, NC 26272-11183 I1????ILlllr'llll?'lit'?I??IIIn??IIIIrrI?Jr???rl?u???l??l?'?II? Please make checks payable to Capital One Bank (USA), NA and mail with this coupon in the enclosed envelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. JOHN FAY 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 ng Complaint in Civil Action are true and correct to e best of his/her knowledge, info ation d b li £ Dated: Jami Williams A049 WELTMAN, WEINBERG & REIS CO., L.P.A. of 2!'fl,9 L" C' 18 4 u *ga.Oo Pa IAm/ elt-V A{;k7&7j8/m&jg66 RTC` aBsaU7