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HomeMy WebLinkAbout10-1433FILE 2010 MAR -1 PiN 12: 46 CUM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. BONNIE J SHULTZ Defendant No : /O - lq 33 &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 07867512 C N Cin EMR 0 $4a.oD >c? lw? l t2? as srs? 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: BONNIE J SHULTZ 202 TEXACO RD MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX9786 . 4. Defendant made use of said credit card and has a current balance due of $6212.77 , 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 10.900% per annum on the unpaid balance from February 10, 2010 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit "1" 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 BONNIE J SHULTZ 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 , BONNIE J SHULTZ , individually , in the amount of $6212.77 with continuing interest thereon at the rate of 10.900% per annum from February 10, 2010 plus costs. A M' James Wa ro t,42524 WELT WEINBERG & REIS CO., L.P.A. 525 V' e treet, Suite 800 Cinci at , OH 45202 (513)-723 2200 FAX: 513 723-2239 078 51 C N Cin EMR This law firm is a debt collector atte+U-I ng to collect this debt for our client and any information obtained will be used for that purpose. Previous Warm Payments; & Credits ?? FINANCE CHARGE Trarsadbrs New Balance MittYmtm Payment Due Dale $5,368.22 -( $0.00 * $5009 * $39.00 =? $5,457.31 $813.00 Mar. 18 2009 Jan. 22, 2009 - Feb. 21, 2009 Page 1 of 1 Yfti PkMrun ACCOIJM KiiA PAY AT LFA9 T1eS AM]UNT ' You re behnd try five payments WeW pe manenly revoked your charging prwdW If you Wrimue to mss aayrnents you account is at risk of bang chw* off Please d)n't let On happen If yo re feeinj Your Account Informathn overwhelmed, call us at 1800 955 6WU Well work with you to resort this matter TOTAL CREDIT LINE $5,00000 "Important Notc r Under the terms we prevm* disclosed to you, your aaou t a now *I* b an TOTAL AVAILABLE CREDIT $0.00 rn0mm n Annual Pelvan a Roles (APRs) elective mmed idey However, Cgidel One has elected CREDIT LINE FOR GASH AVAILABLE CREDIT FOR CASH $1,000.00 not to rase yar APRs at 0iis time Please be adnsed that I you fad to keep you account in good $0.00 starJng, Ca l One reserves the right to lase your APRs in the future F111fllfk C1MWW (Please see reverse for important intimation) "ncerate Parodic Cwesporidg FM AM appied b rate APR CHARGE Purchases $538214 0.029BB%P 1090tH $4982 Cash $17.81 004929°%P 179A $0,71 ANNUAL PERCENTAGE RATE appled tMe period: 11.13% At Yew Be v -Gob ow2paimm bmerepy» - - - d, a Od 1400955-7070 b repot ¦ bet a Arlen tad err Weak b Qtebear Re6bne ® PyOnatwr awAymbam or mid Prpymerdto Cq t Ors Bade (USA), NA r P 0 But T1083. Oeettle, NC 28272.1083 Send Yrqu* - 10: ORAW OrwP0 Buc30295-SdLatin City, UT84130-M ® Have t question about a cWM on yow atrealedT Please referto the BNYg Rob Summary on the beds of yalr statement or visit EM TEASE RETURN PORTION BELOW Wr1H PAYMENT OR HAG ON TO WWW.CAMTALDNE.COM TO MAKE YOUR PAYMENT CHUNE 7867512 Account Number. 786 Due Date New Balance Minin inn Payment Amount Enclosed (Mar. 18, 2009 ?\ $5,457.31 $813.00 K-EASE PAY AT LEAST THISAMOUNT #9005313982271085# BONNIE J SHULTZ 202 TEXACO RD MECHANICSBURG, PA 17050-2626 irl..Iill111.11.11'II'I1IN-I'll1.11..'ll"II'IJillr" Credits 6 Adustinents Transactlotls 1 16 FEB PAST DUE FEE $3900 Our aemunt has gone over its credit limit. To avoid adichmal orerkrdt fees, you *pjd pay more than the Minimum Payment Please pay erouglt to brig yvir account bell bebw you credit limit mmadaldy, and make sue your axourk bdwm maws bebw your credit limit Please be sure the amount you pay ac=r b for any future purl saes, fees, aid fierce charges You were assessed a pest do fee because you minimum psymert was not ravened by the due dub To amid this fee in the futre, we recommend Unut you albw at lost 7 txleness days for your minimum payment b reach Capital One )9786 21 5457310100000813006 Lend a hand. Save the land. Manage your account online today- it's fast, easy and secure. e Pay online anytime-no more checks, stamps or clutter © Moving? Change your address online or on the hack ® Help save the planet Go paperless © Sign up at www capdalone com Capital One Bank (USA), N.A- P-O- Box 71063 Charlotte, NC 26272-1063 1111111'lll"Illll'll'lllllllr.5-11111"II'I'lll'll"Illlllll'llll Please make dledis payable to Capital One Bank (USN, NA and mail with this wupon in the endosed envelope. H PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. BONNIE J SHULTZ Defendant(s). VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn 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: Shawn Wood A049 WELTMAN, WEINBERG & REIS CO., L.P.A. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F1~~~"r'~C~ sheriff '?~ T1 is PF~T~-'~~n;AMY ~~ti~?~t" o{ ~ir,f,~~~,fr~~ Jody S Smith ~ chief Deputy ~: -?0 ~ ~tAR -5 Ali 9~ 0 2 ,, -~ Edward L Schorpp t. ~~ }~ ~~~ Solicitor ~''~~~;a1'~.V~~,l~it Capital One Bank (U.S.A.) N.A. Case Number vs. Bonnie J. Schultz 2010-1433 SHERIFF'S RETURN OF SERVICE 03/03/2010 03:48 PM -Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on March 3, 2010 at 1540 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Bonnie J. Schultz, by making known unto herself personally, at 202 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. _~~ VA ERIE WEARY, DEPUTY SHERIFF COST: $37.00 March 04, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (cj CruntySui to Sheriff, Tee<,^,aoft Ii~;_