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HomeMy WebLinkAbout10-1427 201011AR - f ai 9 iL: 49 Cud: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: -/qa7 aiuk vs. COMPLAINT IN CIVIL ACTION TERESA R ODONNELL 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 07867282 C N Pit EMR Q Ck? ?l53V7L`? ? aa8?81 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No TERESA R ODONNELL 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: TERESA R ODONNELL 115 HERSHEY RD LOT 7 SHIPPENSBURG, PA 17257 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX5812 . 4. Defendant made use of said credit card and has a current balance due of $4683.28 , as of February 16, 2010 . 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 February 16, 2010 . 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 , TERESA R ODONNELL , individually , in the amount of $4683.28 with continuing interest thereon at the rate of 23.100% per annum from February 16, 2010 plus costs. James C Wa ro t,42524 WELT WEINBERG & REIS CO., L.P.A. 436 S th Avenue, Suite 1400 Pitt u gh, PA 15219 (412 4-7955 FAX 2-338-7130 07 7 82 C N Pit EMR This law firm is a debt collector atte6(pting to collect this debt for our client and any information obtained will be used for that purpose. FINANCE Previous Balance Paymatts It Credb CHARGE Trateacdorrs Nat Balarme Minimum Payment Due Date $69.80 + $39.00 = $3,514.81 $488.00 Feb. 06,2009 i $3,40801 ?- $0.00 * L L_1 Dec. 12, 2008 -Jan. 12, 2009 Page 1 of 1 MwAKCard PM =n Aceolatt 4110MM2 Your Account hillbirmadon TOTAL CREDIT LINE $3,00000 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $2,500.00 AVAILABLE CREDIT FOR CASH $000 Finance CNargeS (Please see reverse for important inbmsbon) Balancerate Parodic Corresponding FINANCE g4ANd b rate APR CHARGE Purchases $1,26707 005342%D 2315% $2571 Cash $2,172M 0.06342% D 7315% $44.09 ANNUAL PERCENTAGE RATE q "W do psrlod: 23.19% 921 At Your Service • Go b ypppryy to mwwyau amwut. or Od 14MM33W b repot a but a abler cad ar peek to Customer Rekaors ® Pry0r11nedwww ornormelyorPotmatb UpW One Bate (USA). NA - P 0 B. 71083.Omablb, NC 28272.1063 A Sand' u-, to: Opium Ores P 0 Boc 30285 • Sat Late City, Ur 84130-06 ® Haw a queom about a danger on your slabmard please refer to Bme Bi6rg Rights Summary on the tack d your statement or vsR Ponente Credits dI AdWstlnents Transacu m 1 12 dAN OVERUMIT `EE JAN 12, 2709 $3900 Under terms previously disclosed to you, some or all of your Annual Percentage Rates (APRs) have been increased mice your account was past clue twice n the pest 12 bt" cycles If your rates have akeedy Increased, snbsegaert deitutenaes extended the drreaon of the creased rates Remember If we remove your minimum morthy payment on trine for 12 corsecubae billing lades, to amount will be reviewed for a possible return to your N"ntod)cbry APR, Your amount has game wer te as& limit To avail adMonal orairrot fees, you should pay more than the Minimum Payment Please pay enough to brig you accoud balance below you credit knit i mmedatey, and make sure your acourt balance reams below your aedt lent. Please be sue the amount you pay assorts fa any future purchases , fees, and finance charges PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO MMrAPITAIONE COM TO MAKE YOUR PAYMENT ONLINE You're behind by four payments. But you can still bring your account current by P(Namg ft mrvmLrn payment amount on your statement 4eed helc? eve is a call at 1 800 955 6600 Well work together to find a solution ~5812 11 3514810165000488007 7867282 C:apfRa?()fu Account Number 5812 Due Date New Balance Minimum Payment Amount Enclosed (_Febi 06, . 2OD2009 $3,514.81 $488.00 PLEASE PAY AT LEAST THI5AMOUNT #9001340679852764# TERESA R ODOINELL 115 HERSHEY RD LOT 7 SHIPPENSBURG, PA 17257-9466 'I"11111111"1'11111111111'II'1'11111'111'Il'III111'10001irllrrl Lend a hand. Save the land. Manage your account online today- it's fast, easy and secure. e Pay orlmne dnytime-no more checks, stamps or clutter © Moving) Change your address online or on the hack ® Help save the planet Go paperless 0 sign up at avww cap,talone corn Capital One Bank (USA), N.A. P.0- Box 71083 Charlotte, NC 28272-1083 pill l plop l lrrl llilill'Illllllr'Illill"IIi1'lll'll"IIIIIIII'llll Please make checks payable w Capital One Bank (USA), NA and mail with this coupon in the erdosed envelope. EXHIBIT 1 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities, that he is an attorney for the Plaintiff herein and makes this Verification based upon the facts as supplied to his by the Plaintiff because the Plaintiff is outside the jurisdiction of the court and the Plaintiff's Verification cannot be obtained within the time allowed for the filing of this pleading; and that the facts and circumstances set forth in this pleading, are true and correct to the best of his knowledge, information and belief. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ??uut?rrla FILED-_`:` ;1F r 2010 H A R 10 F ; 2= 25- CUM rl'?? a tt .b;t 1, Capital One Bank (U.S.A.) N.A. vs. Teresa R. O'Donell Case Number 2010-1427 SHERIFF'S RETURN OF SERVICE 03/08/2010 08:58 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on March 8, 2010 at 2055 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Teresa R. O'Donell, by making known unto herself personally, at 115 Hershey Road Lot 7, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $46.00 March 09, 2010 A4?t--g 1, ?? GERALD WORTHINGTON tr?EPUTY SO ANSWERS, RON R ANDERSON, SHERIFF Cnu=,.!ySi?ite Sher*t. ie'esut In