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HomeMy WebLinkAbout10-1429I F1?.?C r?? Tr I,T n°r _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs THOMAS M DUFFY Defendant No : lO - /.Y 2 1 0;"-, l r,L1'? 1, COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 525 Vine Street, Suite 800 Cincinnati, OH 45202 (513)-723-2200 FAX: 513-723-2239 07867171 C N Cin EMR CE?+I Al-TI 1--13 3 F}?- a38/$3 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: THOMAS M DUFFY 1113 E POWDERHORN RD MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX8198 4. Defendant made use of said credit card and has a current balance due of $4556.48 , as of February 10, 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 10, 2010 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 111" and made a part hereof. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No THOMAS M DUFFY 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 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 , THOMAS M DUFFY , individually , in the amount of $4556.48 with continuing interest thereon at the rate of 23.100% per annum from February 10, 2010 plus costs. James Cl. 'Aar ro t,42524 WELT EINBERG & REIS CO., L.P.A. 525 Vi e treet, Suite 800 Cinci a i, OH 45202 (513) 7 -2200 FAX: 5 -723-2239 0786 1 C N Cin EMR This law firm is a debt collector attem i.ng to collect this debt for our client and any information obtained will be used for that purpose. Praafous Balala:e Pirynterts ? & Credits CHANCE GE Transactions New Balance Mirdmum Payment Due Dale $3,600.95 - $0.00 * ( $64.59 + $39.00 =( $3,704.54 (L!8 83.00 (Apr. 0003 2 Feb. 10, 2009 - Mar. 09, 2009 Page 1 of 1 '• PLEASE PAY AT LEAST MS AMJUW 7867171 Via Pk* m Account: 480-024. IIWNN Your Account IMorntatlon TOTAL CREDIT LINE $3,00000 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH ,2,000,00 AVAILABLE CREDIT FOR CASH $0.00 FinSM6 Ctlrpes (Please see reverse for arportard information) Balancerate Perodc Corraslovo*g FINANCE applied to rate APR CHARGE Pudnases $3,637.53 0W342%D 2319% $5458 Cash $000 0234N D 2319% 90.00 ANNUAL PERCENTAGE RATE appled Bra period: 2115% 921 At Your Sonike-Gob lo marpyour eooout, rj- or Oat 1SMW70M lo repot a bet or $*n cad or epeek to O Bloc. Relations ® PayO"Inoaylayr& rg ormewrpyowutr. Coofal Cie Baler (USA), NA • P 0 Boa 71083.Onttle, NC 28MAU83 lend kgnkks to: ($td ()1P P 0 Bat 30286 • Set Lillis qry, LIT 841300286 ® Have a grmtloo akouR a charge on your stbms t7 Please refer to the Uirg Rights Summary on the beck of your statement or vast Yotf re behind by w payments If we charge off you wmrt due to w or mww pwnmts, Trnatce charges will continue to accrue Ad now te prevent the from happening Please pay the maararn l-ayment amount on you statement or give us a cal at 1 BW 955 6600 We're here to help take control of your erect with Capital One Payments. Credits 3 TransacUons 1 06 MAR PAST DUE pEE $38 pp You account has gore over is aedt knit To avod addtanl o ertM fees, you should pay more ton Due Mramum Payment Please pay enough to bring you accent balance below your crock knit immediately, and make sure your aa:orut balance rararns below you cradt lent Please be sure the amount you pay accents for any future purchases, fees, and lance charges You were assessed a past due fee because your mrarium pWnert was not receNed by the due date To avoid this fee in the futile, we remrtrcnerd that you allow at least 7 business days for your mmmum payment to retch Caporal One You account is now closed, Charges ma* pnor to your request to close will still post to your account, but future dnrges win be declined. ff you have a balance, please corift-kue to make payrmank mW your balance reaches $0 You account will oe reported to the ore* bureaus as dosed Ong 1 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LAG ON TO WWAf.CAPrrALONE.COM TO MAKE YOUR PAYMENT ONLINE 1 18198 09 3704540055000883004 -? Tits Account Number 4862-362,41P-711116-81198 Lend a hand. Save the land Due Date New Balance Minimum Payment Amount Enclosed . Manage your account online today- ( Apr. 03, 2009 ( $3,704.54 ( $883.00 it's fast, easy and secure. e Pay orlme anytime-no more checks, ,tamps or clutter R EASE PAY AT LEAST THISAMOUNT ® Movm97 Change your address online or on the hack ® Help save the planet Go paperless #9006999509137632# © Sign up at wwwcaprtalone com THOMAS M DUFFY 1113 E POYDERHORN RD Capital One Bank (USA), N.A. MECHANICSBURG, PA 17050-2003 P.O. Box 71Ba3 ''t"III'?i11"Ill?lle?I??11??1rl?l?lulel?llllllll.?l?llll?lll CharloLta, NC 26272-1063 Il????lellleellll?'II'?I??Illrr??llllee??rle???rl?er???l??l?'?II? Pime make dodo payable to Capital One Bank (USN, NA and mail with this wupon in the enclosed erwelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. THOMAS M DUFFY 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 beliefDated: 1151/o S Shawn Wood A049 WELTMAN, WEINBERG & REIS CO., L.P.A. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ???t1ti` at ?itcuGerl,??4 2010 HAR 10 Pii 2: 24 TY z N1 Capital One Bank (U.S.A) N.A. Case Number VS. Thomas M. Duffy 2010-1429 SHERIFF'S RETURN OF SERVICE 03/08/2010 07:07 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, tes that on March 8, 2010 at 1903 hours, he served a true copy of the within Complaint and Notice, u the within named defendant, to wit: Thomas M. Duffy, by making known unto William Duffy, Father d endant at 1113 E. Powderhorn Road, Mechanicsburg, Cumberland County, Pennsylvania Alle. 0 its on nts and at the same time handing to him personally the said true and correct copy oft ,DEPUTY SHERIFF COST: $37.00 March 09, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ?n?.iyS?te3^?ent?. Ici cs;,Pt.(n?. F [' ` 0-0 1' ICE H0a4OTAR . >- sic>„rI t xFJ CQW3TY ai :G'411Lf11tl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. THOMAS M DUFFY Defendant(s) No. 10-1429 CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Lyndsay E Rowland, Esquire PA I.D. # 205520 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7867171 NPE *8.00 PA ATT`I C 476181A e w8n4o IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 10-1429 CIVIL TERM THOMAS M DUFFY Defendant(s) PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. WELTM^, WEINBERG & REIS CO., L.P.A. By: ` I, - 1? e2 Lyndsay E R wland, Esquire PA I.D. # 20 520 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #7867171 Sworn to and subscri d before me this C / day of Se I NOT RY PUBLIC LC?M?iCINWFALTH dP PENNSYLVANIA Nptarlel Seal Wendy L. Gault NotarY Public city of Pittsburgh, Allegheny County s my Commission Expires July 15, 2014 Member, PennsvNanla gssociatlon of Notaries