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Home My WebLink About10-3033TJ r• 20110 ?:,'% st - ; {°I1 3: 3 2 CLi viii i If IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs KYLE E SOUTHARD Defendant No: 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. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 08038145 C N Pit KMJ e6) 9a -6*'o ,o/- 44 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No KYLE E SOUTHARD 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: KYLE E SOUTHARD 241 HUMMEL AVE LEMOYNE, PA 17043 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX6256 . 4. Defendant made use of said credit card and has a current balance due of $4479.73 , as of April 13, 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 23.1006 per annum on the unpaid balance from April 13, 2010 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit "1" 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 , KYLE E SOUTHARD , individually , in the amount of $4479.73 with continuing interest thereon at the rate of 23.100% per annum from April 13, 2010 plus costs. James c. WELTMAN, 436 Seve Pittsbu (412) FAX: 4 08038 4z This law firm is a debt collector attemp our client and any information obtained, armnroau,42bZ4 INBERG & REIS CO., L.P.A. Avenue, Suite 1400 PA 15219 955 38-7130 N Pit KMJ to collect this debt for be used for that purpose. 8038145 Previous gaiance Payments & Credits FINANCE TransacdDrs New Balance Minimum Paymert Due Data 3,5 33.29 J - ( $0.00 + ( $67.99 + $78.00 = $3,679.28 $833.00 (Jul. 13, 2009 MKe May. 19, 2009 - Jun, 17, 2009 Page 1 of 1 u` ?o % rnixn AttwlRlt Your Account klfornta*M TOTAL CREDIT LINE $3.00000 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $3,000.00 AVAILABLE CREDIT FOR CASH $000 Finance Charges (Please see reverse for Important information) Balanceraie periodic ComespondrV FINANCE applied to rye APR CHARGE Purchases 52,01098 006342%1) 2315% 53826 Cash S1,5uW9 00534296 D 2315% 52973 ANNUAL PERCBUADE RATE applied ttlis period: 23.191. O AtYarSavlix-Gobhwiw.raotaWw.oanbmetgaywa?+t. - u ? 1-000.90}3637 b repot a 64 or siobn cad a speak b CLs?ner Re6aars YoUre behind oy m payments If we ohage off you account due to late or rnmed payments, Marc, :3rarges w6 Funtnue to accrue Ad now to prevent this from happening Please pay the minimum payment amount on your statement or give us a call at 1 BW 955 66W We're here to help lake control of your credit with Capital One -ImpuW [.!oboe Under the terms we prevm* disclosed to you, your aooourt is now eligible for an Increase n Annual Percentage Rates (APRs) e6eclAe rn edeitely Fbwever, CSI One has elected not to we your APRs at thins we Please be adiised that if you fall b keep your account n good standing, Capital Ore reserves to right b raise your APRs n the We Your oarlcipabon in Capital Ore Credit Steps hies ended Because yeu did r 6l. su essf IFy complete the required steps for lobs program, we are trel)ie to wasse your oredt We at Me We You may be eligible for a credit line increase in the We We en=rage you to continue b build strong credal by making your paym erta on trine and by not wzeedrg your credt hint (Credit Step is a semi mark of Capital One ) Pajm is Credb kWuustrn - Transactions 1 12M PAST DUE FEE 539 00 2 17 JUN OVERLIMIT FEE JUN 17, 2009 S39 00 PIVOrirw9mo.cehtabaoaaarmalylarpwmaitto Capital One Bait (LISA), NA - P 0 Box T1083 • Castle, NC ® 28272.1063 Your account hies gone over its credit limit. To avoid adibonal overlntt fees, you should pay more than the Mlnmun Payment Please pay enough to big your acooud belance below you credit tut Sad hNIum s to: A and make we you account balance rernans bebw you credit limit please be sue the mmed itely Oapdal Oro- P D Boot 30268 -Sat LaW Oy, In 84130-0286 , amount you pay accents for any future pudhases, fees, and finance charges ® Have a question about a charge on your Vabeaert4 You were assessed a past due fee theca Ise yucca mrrrem payment was riot iewived by the due date To we recommend that you allow at least 7 business days for your minimum avoid this fee in the future Plem refer to this Bdk g Rights Summary on the beck of you , payment to react Gaptlel One slabinent v vest PLEASE RETURN PORTION BELOW Wrnl PAYMENT OR LOG ON TO WONCAPRALDNE COM TO MAKE YOUR PAYMENT ONLINE Account Number. MENNORIVOW256 Due Date New Balarxe Minimum Payment Amount Enclosed Jul. 13, 2009 $3,679.28 I $833.00 PLEASE PAY AT LEAST [HIS AMOUNT #9016946113649781# KYLE E SOUTHARD 241A HUMMEL AVE LEMOYNE, PA 17043-1949 Ir?Illluhnlrl,...nrhrrr,nilrrmhn411111hhlllllllirl 56256 17 3679280000000833005 Lend a hand. Save the land. Manage your account online today- iYs fast, easy and secure. e Pay orlme anyhrne-no more checks, stamps or clutter ® Moving) Change your address online or on the hack e Help save the planet Co paperless Q Sign up at www capitalone corn Capital One Bank (USA), N.A. P.O. Box 71063 Charlotte, NC 26272-1063 IIIIIIIrtllrill!!!?llrlllllllrill!lllrrllrlrlllrtlrrllllllllrl111 Please make checks payable to Capital One Bank (USA), NA and mail with this coupon in the endosed envelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. KYLE E SOUTHARD 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: *Au &U Sierra Fenner A049 WELTMAN, WEINBERG & REIS CO., L.P.A. ,1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA' Plaintiff No. 10-3033 CIVIL vs. PRAECIPE TO REINSTATE COMPLAINT KYLE E SOUTHARD Defendant(s) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Lyndsay E Rowland, Esquire PA ID #205520 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Buidling 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#8038145 CFR o ~lo•op P~ pTN ~~~ ~~ 9cf!(ng58 .. IN THE COURT OF COMnvION PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 10-3033 CIVIL KYLE E SOUTHARD Defendants} PRAF~. CIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. WELTMAd~L WEINBERG & REIS CO., L.P.A. By: Lyndsay E o land, Esquire PA ID #205 WELTMAN, EINBERG & REIS CO., L.P.A. 1400 Koppers Buidling 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR #8038145 Y ? p?1N?S`(t-VANV? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. KYLE E SOU THARD Defendant(s) No. 10-3033 CIVIL PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Lyndsay E Rowland, Esquire PA I.D. 4205520 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#8038145 NPE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 10-3033 CIVIL KYLE E SOUTHARD 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. / -I WELTMAK WEINBERG & 'g 1S CO., L.P.A. By: Lyndsay E; owlan Esquire PA I.D. r5520 WELT N, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 SWORN TO AND SUBSCRIBED before me this 6 day of 1114-i=1/2010 NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA Notarial Sea; ^ Sheila G. Bevan, Notary Pools. ROSS Twp., Allegheny County My Commission ExPres Nov. 15, Member. Pennsvivanla Association of Notaries