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Home My WebLink About09-8716IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: (? - 8171 to &vii-Terst vs. COMPLAINT IN CIVIL ACTION MARLIN H BIRDSALL 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 07634001 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 MARLIN H BIRDSALL 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: MARLIN H BIRDSALL 50 CARLISLE AVE ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number XXXXXXX.XXXXX9271 . 4. Defendant made use of said credit card and has a current balance due of $18920.79 , as of December 02, 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 8.400% per annum on the unpaid balance from December 02, 2009 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit "1" and made a part hereof. I "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 , MARLIN H BIRDSALL , individually , in the amount of $18920.79 with continuing interest thereon at the rate of 8.40006 per annum from December 02, 2009 plus costs. James C a ro t,42524 WELT EINBERG & REIS CO., L.P.A. 436 Se en h Avenue, Suite 1400 Pitts rg , PA 15219 (412) 434 7955 FAX: 12- 38-7130 07634 01 C N Pit KMJ This law firm is a debt collector attemp i g to collect this debt for our client and any information obtained 1 be used for that purpose. Previous Balance Payl,o- & --- FINAN CHARGE Trarmadbra New Baku= Midmum Payment Due Date $17,172.53 - $515.00 + L_$36.821 $0.00 = $16,696.35 $500.00 Jun. 07, 2008 Apr. 15, 2008 - May. 13, 2008 Page 1 of 1 .Lti. Visa Platiwm Arcco r t 4003.447046e111,M Your Account Inkrlmdon REWARDS TOTAL REVOLVING CREDIT LINE $17,500.00 TOTAL AVAILABLE REVOLVING CREDIT $803.65 CREDIT LINE FOR CASH $8,750 00 AVAILABLE CREDIT FOR CASH $80365 Rewards Summary Previous available balance 23,4120 Earned the pared Wb* banccaow poold long to Ming Available Balance 23,412 Payments Credits 3 Adlustments 1 09 MAY CAPITAL %E ONLINE ACH PA At*1)a1e 06M AY 551504 Finanee Charges (Please see reverse to rmpoftt mfametgn) Whirl er Yatne in to market for a home egdy loan or you're interested n refirerlorg, Capital One will find a Balancerate Perodic Carespondmg FRANCE home loan solution to fit your needs We offer greet rates, no hidden fees, and you wil recar a the one4n-one CHARGE APR a0led GE attention of the sane personal ban consultant from cal to close Visit www cepitabnehanebens,corn for more Purchases $6,47312 O 1A068°A L 755% $3 rnfixnat Cash $0.00 0.0483396 L 1754% $000 SpeoalTras $10,519.35 0.00000'% 0OD% $000 ANNUAL PERCENTAGE RATE applied We period: 272% V AtYonrService 14MO4?5WM Toed a scorner Ib]bb7re orb report a bet or sbbn cad 0 Send paymeda to: Rptal One 0141W,NA • P 0 Box 708$4 • Oretotb, 402827 MU a Send' to: apaalOrW PO 90K 3M .sdL010 aty,LIT B4, Aft For More W.. in on your Revlards: Vet w,wr1apitaEremmrmBaeweds Cd 1-800.1283001 ® ?lave a question about a dnrgo on your ot; tenant? Please referto the Bdlrg Rghb Summery on the beck d your StObTent or visit PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO VWMiCAPRALONE.COM TO MAKE YOUR PAYMENT ONLINE ?? wheys m j,lur walktl ?9271 13 0000000515000500003 New Balance Minimum Payment Due Date $16,696.35 $500.00 I Jun. 07, 2006 Amount Endosed Capital One Bk(USA),NA P.O. Box 70884 1r1rr1nrr11r1r1 r1r1 181 Charlotte, NC 28272-0884 7634001 [fill urr1enriniirrriniru1nrAll 111rr1n1rrnnrinlnurrr11 Account Number: 4003.4470-0989-9271 Please print address or phone number changes below using blue or black ink Home Phom A7rernete Phone £,mad adFlress O #9013581199656625# MAIL ID NUMBER MARLIN H BIRDSALL 50 CARLISLE AVE ENOLA, PA 17025-2204 nr???ur???nur?r?r?n?un?n?u?r???nu?n?n?n?r??nnr?r Please write your amount number on your dreck or money order made payable to Capital Or1e UNS&M and mail with this coupon in the enclosed envelope. A PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. MARLIN H BIRDSALL 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: Icy O _ r, Curtis Graves A049 WELTMAN, WEINBERG & REIS CO., L.P.A. Q HLEC:-t; wr=lCE r T;_. r&-qY 2CC: DEC I u rite i i 41 A Y *ga.co Pa AM u* y 381081 / 89a 1958 a' aasaa4