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Home My WebLink About09-8715IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: OR- 8115 Civil Tx-m vs. COMPLAINT IN CIVIL ACTION KRIS J ROELL 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 07695213 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 KRIS J ROELL 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: KRIS J ROELL 58 E LOUTHER ST CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX1817 . 4. Defendant made use of said credit card and has a current balance due of $4356.26 , 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 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 , KRIS J ROELL , individually , in the amount of $4356.26 with continuing interest thereon at the rate of 23.100. per annum from November 24, 2009 plus costs. JaF47 t,42524 WEG & REIS CO., L.P.A. 43ue, Suite 1400 Pi15219 (4FAX0 076 KMJ This law firm is a debt collector atterhpting to collect this debt for our client and any information obtained will be used for that purpose. PreviLws Balance P FINANCE aytnt cols & Credits CIS 7rarasactiora New Balance Minimum Payment C $2,911.67-?? + $64,27 + $68.84 $3,044,78 $261.00 Aug. 22, 2008 - Sep. 22, 2008 Page 1 Of 1 LW"Card Platinum Account 5134RZ632b1817 Your Arxount Illfonn,#ion 7 TOTAL CREDIT LINE $2,500 TOTAL AVAILABL E CREDIT CREDIT LINE FOR CASH AVAILABLE CREDIT FOR CASH E0.00 Finance Charges (Please see reverse for important information) Baanrate Periodic Corresponding FINANCE applied to APR CHARGE pacases ,94388 D 2490% $5427 Cash SO OD D 2490% $0 p0 ANNUAL PERCENTAG E RATtins period: 24.g0% % At YourServke-00bwww.cmibl6rrmmbnmgeYa?a?ut, o 2 a?1E009D33637bmWabat orsi?ncador-paekroQ?mr Retilons 0 Pay orim et ayavcaotabis corn a rrglyarpa7nent b: 28 "One Bait NSA). NA - P 0 9x rM • (7ebee, NC Sad bquhbs to: Capital Ores P 0 Bar 3W • Sat Labe Qty, Ur 84130-M ® Have a question about a charge on your sV0emein Please refer to the Bifrg Rights Summary on the back of your statement or wA mmLmQi&W2n%g2M6ji2QUk2 Due Date OCt. 21, 2008 PLEASE PAY Ai lFA1Tma5Mp{JM You're behind bi two payments Lh> tale ByoUre hawtg financial difficulties and can't make your minimum payment - we want to het LeN work together to fmd a solution PRI"ents, CredtTs & Afffushmnt& Transactions 1 22 SEP PAST DUE FEE 2 22 SEP PAYMEW PROTECTION laa,127.m $2984 Under terms preOm* disclosed b you, some or al of your Mnird Percentage Rates (APRs) him been i creased snce your account was past d)e wince n the past 12 WYrg cycles If you rates have increased, sutssequert d8ingxnas extended the duration of to increased rates Rarermber Iff wd e receive your minimum monthly payment an tine for 12 carve billing cycles, this account will be reviewed for a possible return to you No Inkoditcry APR. Your account has gore aver its credit Imt. To and additional overNM fees, please pay emotrgh to bring your balance below your credit Ind immediately, and make sure you reman below your credit hot Please be sure to account for any fLrtire purchases, fees, and fra ce charges You are a valued Payment Protection cusbma and may be eligible, for benefits to be pad to your accent per tte terms of your Payment Protection agreement. 9 you have aperenced an eligible loss event, please call Storetind)e Berefit Services at 1a8W2 W4 b sea t you situation olalfes for berefils Your a cciunt is 50 days past due and your coverage will be suspended if it reaches 90 days past die, as stated in your Payment Protection agreement. You were assessed a pest die fee tee your minimum payment was not received by the due date To avoid this be in the future, we recommend that you allow at least 7 business cloys for your minimum payment to reach Caprtul One PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ONTO WWW.CAPITALONErCOM TO MAKE YOUR PAYMENT ONDNE 0 5178057253261817 21 3044780308000261002 New Balance Minimum Payment Due Date C$3,044.78 $261.00 OCt. 21, 2008 PLEASE PAY AT LEa5T THISAMOUNT Amount Endosed C? Capital One Bank (USA), N.A. P.0• Box 70884 Charlotte, NC 28272-0884 7695213 llhPnul,Irlllrl?IllPlghhnnlhlPn?d?I?uPl?urh?rl Account Number: 5178-0572-5326-1817 Please Print address a Phone number danger below using blue or black ink Home yrorW Aftelmle Alvty E,meAad'diea #9026707267934397# MAIL ID NUMBER KRIS J ROELL 1229 KUHN RD BOILING SPRINGS, PA 171)[17-9638 Ihll,ll,hilt,lrunrhl.,fld?Prlllrl^I6,h,q?mPl?rrl Please write your account number on your payment made 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. KRIS J ROELL 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 tti? best of his/her knowledge, inf6"!!!nM,,/,, Dated: 7 d-T -?b 7 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 0 FfLID-C'„=: I (? TE-ti ,, ; ,RY qa. oo Pq Ate( W* a3saaa