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Home My WebLink About10-0837a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: 10 - 837 CtVilT&rm vs FRANK A MAGARO 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 07398272 C N Pit CFR O *U.oo Pb A'nY exit 4]'0100 m* .13,7 o9y 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No FRANK A MAGARO 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: FRANK A MAGARO 130 E PORTLAND ST MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX7268 . 4. Defendant made use of said credit card and has a current balance due of $5329.24 , as of December 31, 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 24.900 per annum on the unpaid balance from December 31, 2009 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 111" and made a part hereof. 4 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 , FRANK A MAGARO , INDIVIDUALLY , in the amount of $5329.24 with continuing interest thereon at the rate of 24.900% per annum from December 31, 2009 plus costs. fames c. WELTMAN, 436 Seven Pittsbur (412) 43 FAX: 41 - 073982 INBE & REIS CO., L.P.A. Avenue, Suite 1400 PA 15219 955 38-7130 C N Pit CFR 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. FINANCE Previous Balance Payments S Credits CHARGE Transactions New Balance Minimum Payment Due Date $2,548.77 - $100.00 + $59.37 + $430.92 = $2,939.06 $88.00 Mar. 17, 2008 7398272 Jan. 22, 2008 - Feb. 21, 2008 Page 1 of 1 Visa Platinum Account 480-3M4152-7288 ?L Your Account Information REWARDS TOTAL CREDIT LINE $3,000.00 TOTAL AVAILABLE CREDIT $60.94 CREDIT LINE FOR CASH AVAILABLE CREDIT FOR CAS $3,000.00 H $60.94 Finance Charges (Please see reverse ftc unporbat oibmabon) Balance rate Perodc OorresWnd g FINANCE applied to vale APR CHARGE Purchases 52,647.94 007233°6 D 2640% $5937 Cash $0.00 007233% D 2540% SD.OD ANNUAL PERCENTAGE RATE appied flls period: 26.48%. Q At YourServla t-OD0 37 To cd OAUrw hAfts o-b nwt a tat a- sit i lead ® Send payments lo: Capid One Bair • P 0 Boot 70884.0wrbte, NC 2827 aM Sad lawkies to: Capital Orv P 0 I3a,: 3DZBS - Sat Ldw City, Vr 84130-M ® For More Ytormation on your Rewards: visit: wnw.cap•eds.cmVPor" ,,ands Cat 1-MZ B•30D1 PLEASE MY AT LUST THIS MADW Rewards Su Previous available balance 4,295 Permed this perpd 392 wb* tlaa,Wben0 pooled "to erg gb) Fofelted to period 27. Avanlable Balance 4,66D Payments, Credits & Adiustments 1 18 FEB PAYMENT S100 a Transactions 2 13 FEB wM SUPEROENTER MECFkN i:sBURG PA 57.04 3 13 FEB AMOCO OIL 06556623 MECh-WI CSBURG PA S2000 4 15 FEB PAST DUE FE 53900 5 16 FEB GIANT FOOD 01 MECHAN ICSBURG PA 54718 6 16 FEB THE CHILDRENS PLACE #1631 CAMP HILL PA 556.55 7 16 FEB THE CHILDRENJS PLACE #1631 CAMP HILL PA 516.33 8 16 FEB BUILDABEAR WRKSHP 0251 CAMP HILL PA $51.94 9 16 FEB CAMPHILL DINER CAP HILL PA S3441 10 15 FEB OLD NAVY #5348 CAMP HILL PA $5950 11 17 FEB WM SUPERCENTER MECHNNJICSBtJRG PA $78.96 12 17 FEB SUNOCO SVC STAT ION CAW HILL PA $15.00 13 17 FEB SIINJOCOSVC STATION CAMP HILL PA 5501 You were assessed a past due fee because your nUnmun peyrnent was not received by the due elate To mid this fee n the future, we recommend that you allow at least 7 busness days for your mirmuni payment to reach Capital One ® Have a quaesWn about a charge on your staftrmV Please refer to the Bllfrg Rghts Sunmery on the back of you statement or vsA www.ceoulabne.wPAdisoutes PLEASE RETURN PORTION BELOW WITH PAYMENT OR LAG ON TO WWW CAPITALONE.COM TO MAKE YOUR PAYMENT ONLi C--w ?OT1e° what , m ,rwr wa ki7' 0. 4862362341527268 21 2939060100000088000 New Balance Minknum Payment Due Date $2,939.06 $88.00 Mar. 1T, 2008 PLEASE PAY AT LEW THISAMOUNT Amount Enclosed Capital one Bank P•O• Box 70884 ?I?nI???IIn?III??III?? Charlotte, NC 26272-0884 Account Number. 4862-3623-4152-7268 Please print address or phone number changes below Lung blare or black ink eddies hw" Phan A7temsra Phone E-maladdes 9 #9005398363532734# MAIL ID NUMBER FRANK A RAGARO 130 E PORTLAND ST nECHANICSBURG, PA 17055-3351 I I I I I I I I i I I I I I I I I I I I I I I I nrI I I I I I I I I I II I 18I11II111 11I111111 Please write your account number on your check or money order made payable to Capital One Bank and mail with this caupon in the enclosed envelope. r CAPITAL ONE BANK (USA), N.A., Plaintiff, V. FRANK A MAGARO 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:y?- Ottis Coward A049 WELTMAN, WEINBERG & REIS CO., L.P.A. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-41 U? Sheriff ?-c Tf4- .,r r. P;?, rte..,, r ?Y ?? "nuts Jody S Smith Z??Q FEB 2 0 7 Chief Deputy Edward L Schorpp Solicitor Capital One Bank (U.S.A.) N.A. Case Number vs. Frank A. Magaro 2010-837 SHERIFF'S RETURN OF SERVICE 02/08/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Frank A. Magaro, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Frank A. Magaro. Tammy Magaro mother of the defendant advised Deputies Frank A. Magaro moved from 130 E. Portland Street, Mechanicsburg, PA 17055 ten years ago and she does not have a current address for him. SHERIFF COST: $42.00 SOS AN-,54IIERS, February 08, 2010 RON R ANDERSON, SHERIFF !c CorinfvSute She.^ff, Te,oosoft Inc. FILED-OFFICE OF TI HE PROTHONOTARY 2010 NQ 22 PH 12: 28 CUMBERLAND C OUN'a RENHS1'I..VANJ/*A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. FRANK A MAGARO Defendant(s) No. 10-837 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R Bibler, Esquire PA I.D. #93598 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7398272 NPE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No. 10-837 CIVIL TERM FRANK A MAGARO Defendant(s) PRAECIPE TO SETTLE DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF Cumberland COUNTY: SIR: Kindly settle, discontinue and end without prejudice to refile the above-captioned matter upon the records of the Court and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: _ Benjamm er, Esquire PA I.D. # 5 WELT AN, EINBERG & REIS CO., L.P.A. 1400 K er uilding 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 SWORN TO AND SUBSCRIBED COMMONWEALTH OF PENN5YLVANIA MOM Serail Wayne A. 30rift, Notary Public Oly of AttsbUrgh, Allegheny Quay COH1rrrI"ft ilea MW 20, 2014 before me this day