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HomeMy WebLinkAbout09-87134 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: CR - SgI5 CtvilT?r'w? vs. COMPLAINT IN CIVIL ACTION JUNE A GIVLER 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 07773193 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 JUNE A GIVLER 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: JUNE A GIVLER 1523 SHIRLEY AVE CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX8697 . 4. Defendant made use of said credit card and has a current balance due of $1968.88 , 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 23.100% 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 repeated=ly 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 , JUNE A GIVLER , individually , in the amount of $1968.88 with continuing interest thereon at the rate of 23.1006 per annum from November 24, 2009 plus costs. - 1A James )42 War ro t,42524 WELT WEINBERG & REIS CO., L.P.A. 436 S th Avenue, Suite 1400 Pitts h, PA 15219 (412 -7955 FAX: 338-7130 077 3 C N Pit KMJ This law firm is a debt collector attemVting to collect this debt for our client and any information obtained will be used for that purpose. Visa Platinlan Account 411623624,21159.81187 C" WA S Your Account Information EW AR DSS TOTAL CREDIT LINE $1,000.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $1,000.00 AVAILABLE CREDIT FOR CASH $0.00 FINANCE Previous Balance Payments & Credits CHARGE Tlansactiora New Balance Minimum Payment C$1,253.45 ,- $0.00 * $26.42 + C$39.00 :D= $1,318.88 $141.00 Oct. 26, 2008 - Nov. 25, 200B Page 1 of 1 REASE PAY AT LEAST T11115 AWXW mange Charges (Please see reverse for important mfamahon) Balance rate Periodic Conespon irg FINANCE applied to ate APR CHARGE Purchases 5968.82 0.05685% D 2440% $1987 Cash $31610 00DM9%D 2440% $655 ANNUAL PERCENTAGE RATE apphed this period: 24.40% At Your Service - Go to wmw.oeoimbre com to menage your amount or (8l 1-=.9033637 b report a tat or Merv cad Cr spa* b axtxw RelaYOns ® Pay Online atmw oitebrre rnormailyarPair entb: Capital Ore Bait (USA), NA • P 0 Box 71083.Orabtle, NC 28272-1063 A send Inquiries to: C3pki Ore- P 0 9cK 30285 • Sat L.de Clity, LIT 84130-0285 Q Manage your Rewards onkne by visiting or (lot 14=2&M ® Have a question about a dnrge on your ctatanwit? Please qft to Bile Biting Rghts Sunmay on the beck of your slater a Yet WWW. com/cbOutes i Due Date DeC. 20, 2008 YoUre bet" by three paymtents But you can bring your ao0olrit current by paym he minimum payment amount on you statement 9 you re hang frertcel dlfi iAbes and you re fMing overwhelmed - we want to help Give one of our assocmtes a call at 1 WO 955 6600 Yodd be surprised what we can do together to work the out Rewards Summary Previous available balance 530.55 Earned Bus period so m (sleets trarre ceons poefed drrr0 this bung c") Available Balance 53055 Payments, Credits & Mustments Transactions 1 19 NOV PAST DUE FEE $3900 Under term previously disclosed to you, some or all of your Annual Percentage Rates (APRs) him been rcroWed once your ao writ was past due lance n t1e past 12 billrg cyces If your ales ha?e steady nCreased, absegtent dekgienaes extended Be duraWn of the increased rates Rernernber If we receive your minimum monthly payment on time for 12 consecutive billing cycles, this account will be renewed for a possible return to your Nory- moductnry APR. Your account has gore over its aedt limit. To avoid addtaral overlimt fees, you should pay more bran the Minimum Payment. Please pay enough to brig your account balance below your credit limit mmedatey, and make sue your amount balance remare below you credit unit Please be site Bile amount you pay accounts far any ful re purchases, fees, and frence charges You were assessed a past due fee because your minimum payrtrent was not r5owed by the due dale To avoid this fee in the Mdue, we moo mmlend that you allow at least 7 busress days for your mrtmum payment to react Capital One PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO VAIWiCAPITALDNE.COM TO MAKE YOUR PAYMENT ONLINE 1 4862362426598697 25 1318880069160141000 7773193 Account Number.4362-3624-2659-8697 Save the land. Lend a hand Due Date New Balance Minimum Payment Amount Enclosed . Manage your account online today- 2008 $1 318 88 ) $141 00 20 it's fast, easy and secure. . , , . Pay onime anytime-no more checks, stamps or clutter e PLEASE PAY AT LEAST THISAMOUNT Q Momng? Change your address online or on the hack ® Help save the planet Co paperleas #9033171792549595# © Sign up at avow capdalone corn JUNE A GIVLER 1523 SHIRLEY AVE Capital One Bank (USA), N.A. CARLISLE, PA 17013-9370 P.O. Box 71083 Irnrll??rl?Illrllrlllllln??'I??Ilrl?lll?lrl?ll'Ill'?????IIIIIII Charlotte, NC 26272-1063 Il????lrlllr'llll?'II'?I??Illrr??llllrr??rir???rl?rr???l??l?'?II? Please make checks payable to Capital One Bank (USN, NA and mail with this coupon in the endosed envelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. JUNE A GIVLER 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 d belief Dated: -Oc-?- r?-? j J ie illiams A049 WELTMAN, WEINBERG & REIS CO., L.P.A. ^P T', KrfifQY 101 a G'"C r 3 Oa.oo Po ATM Cic,+ µ317A7t1/8gaJg5a 2,T* d 35o119