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HomeMy WebLinkAbout10-386810 r 4: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: vs. COMPLAINT IN CIVIL ACTION CALEB D PAQUETTE 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 08124822 C N Pit EMR Y-q, . 6 b? d ' 7 tiA ysga s7.? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No CALEB D PAQUETTE 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: CALEB D PAQUETTE 1047 SWARTHMORE RD NEW CUMBERLND, PA 17070 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX4655 . 4. Defendant made use of said credit card and has a current balance due of $2143.19 , as of May 12, 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 0.0000-. per annum on the unpaid balance from May 12, 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 , CALEB D PAQUETTE , individually , in the amount of $2143.19 with continuing interest thereon at the rate of 0.000% per annum from May 12, 2010 plus costs. James c. WELTMAN, 436 Sev Pittsb (412) 3 FAX: 4 2 08124 2 This law firm is a debt collector attem our client and any information obtained rMDr0g;x,, 4 2 5 2 4 W INBER "& REIS CO., L.P.A. t Avenue, Suite 1400 PA 15219 7955 38-7130 C N Pit EMR to collect this debt for be used for that purpose. FINANCE Previous Balarax Paymerft & Credits CHARGE Transactions New Mince Minimum Payment ( Due Date $1,235.24 $0.00 + $26.91 $90.88 $1,353.03 $145.53 Dec. 20, 2008 Oct. 25, 2008 - Nov. 25, 2008 Page 1 of 1 Allawliartard ITtaB ACCOBrt Your Account Inflormadon TOTAL CREDIT LINE $75000 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $150.00 AVAILABLE CREDIT FOR CASH $0.00 1 Finance Q uIrga (Please see reverse for important information) Balance rate periodic Corresponding FINANCE applied to ate APR CHARGE Purchases S1,25789 0.10oMM D 2440% 51691 Cash SD 00 0 ODOM D 2440% 5000 ANNUAL PERCENTAGE RATE applied this period: 24.40% Q At YOLK Servke•Goorwrw. 6brroomtomaageyoracmut, a ? 1EOD9033637 to repot a last a siobn cad a speric m LLsloner Alft ae?brrs Pry Orlin r nnw.WVbre wm or MetW Pei V. Capital Ore Bail (USA). NA I P 0 Lt K T1083 - Chablis, NG 282T2.10B3 Sid Intpukiae lo: Captal Orr- P 0 Bad 30285 • Sol Lee Oty, UT 84130-0286 ® Have a quntlon about a charge on yam sl alemaR7 Please refer to the Bdhg Rghts Summary on the back of your staletrrent or vast PLEASE PAY AT LEAST TMS AkUUNT YoUre behind by four payments. But you can ctdl bring you aooo-mt current by paying the minimum cayrnent amount on your statement Bleed h al' awe r, a call at 1 800 955 6600 Well wan taletter to find a solution PaYnlents. Credits d Adiustntents Transactions 1 18 NOV PAST DUE FEE $30.00 2 25 NON PAYME'IT PROTECTIOPJ 1a8W-89D4 S12.BB 3 25 NOV OVERLIMIT --EE PJOV 25, 2008 53900 Under terms prevraaly disdosed b you, some or all of your Annual Peroantage Rates (APRs) have been Increased since your account was past due twice in the past 12 billig cycles If your rates have already ncreasei, subsequent dahK}r new extanded the clurahon of the mreased tales Rerrernba if we %cow year rrmmum mmthy pWm t on tme for 12 carsecuitue bllrg cycles, this account will be renewed for a possible return to you Nat-IntrQUIcry APR You account is 90 drys past due and you Payment Phataceon coverage tram been suspended. As Staled n your Payment HolecbDn agreement, your coverage and monthly charge wtl be reinstated once year account is no longer 90 days past due You may still ee eligible for berefile, to be pad to your account for loss events driabed in your Payment Prole= agreement, Cal StmWndW Benefit Savices at 1A852 -M to see if your situation qualifies for benefits Your amount has gore over Its credit imd. To avod ad3iaal omrhrit fees, you should pay more than the Minimum Payment. Please pay armo to bring your amount balance belay your crock hint mmediatey. and make sure you account balance nemans below your credit limit. Please be sure the amount you pay accounts for any future purchases , fees, and firence charges You were assessed a past due fee because your mrnmum payment was not received by the tae date To avoid this fee in the fitue, we recommend that you allow at least 7 business days fa your minimum payment to reach Capital One PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPmALONE.COM TO MAKE YOUR PAYMENT ONLINE 1 '4655 25 1353030019470145534 •??--?? ?Pf>?CTirE nt 11 ' Lend a hand Save the land mt Due Date New Baia M . . r><I yea Manage your account online today- DeC. 20, 2008 $1,353.03 $145.53 it's fast, easy and secure. O pay orhn,, enyh me-no more chick,, ct-p, or clutter PLEASE PAY AT LEAST THIS AMOUNT Q Moving? Change your address online or nn the hack ® 4elp save the, planet Go paporless #9033152818970817# © Sign up at www capdalone com CALEB D PAaUETTE 3597 E MARKET ST Capital One Bank (USA), N.A. YORK, PA 17402-2625 P.O. Box 71863 rl'I Il n?I ??ill??"' II I I I II 1 1 1 ?? Charlotta, NC 28272-1083 l l l ? 'I?? ' ?I?"'? '?'I' I 1 11 1 1'?I??I Il????lrlllr'llll?'II'?I??Illn??llllrr??rl'???rl?r'???I??I?'?II? 8124822 Please make ched(s payable to Capital One Bank (USA), NA and mail with this coupon in the endosed envelope. EXHIF I PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. CALEB D PAQUETTE 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. ?J Dated: 7`' ~ ? C« / d Y), /--? Margaret Parton A049 WELTMAN, WEINBERG & REIS CO., L.P.A. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff FI~Ei.;`~ _ t:;- . ; ~:'! Jody S Smith '~~ Chief Deputy ~ ~: ~ -'~.~ Z~ ~ ~ .~i~~~~ ~ ~ P~` ~~ ~ Richard W Stewart ~ °'~' ~°- /- v $OilCltOr C9FFtGE ?~ rxE S'+£RIFF CU~,~~~.:-1~ ;I!~'~._'..'glJ~ 4 1 Capital One Bank (U.S.A.) N.A. Case Number vs. Caleb D. Paquette 2010-3868 SHERIFF'S RETURN OF SERVICE 06/15/2010 07:31 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 15, 2010 at 1931 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Caleb D. Paquette, by making known unto himself personally, at 1047 Swarthmore Road, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. NOAH CLINE, DEPUTY SHERIFF COST: $43.30 June 16, 2010 SO ANSWERS, r ~~ RON R ANDERSON, SHERIFF ~c) CountySuite Sheriff. Teieosoft. Inc. y, ?? Lvpax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. CALEB D PAQUETTE Defendant(s) No. 10-3868 CIVIL PRAECIPE TO SETTLF_, DISCONTINUE AND END WITH PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF TI ITS PARTY: Lyndsay E Rowland, Esquire PA I.D. 4205520 WELTMAN, WEINBERG & REIS CO., L.P.A 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#8124822 NPE IN THE COIJRT OC' COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 10-3868 CIVIL CALEB D PAQL ETTE Defendant(s) PRAECIPE TO SETTLE DISCONTINUE AND END WITH PRE IUDICF TO REFILF TO THE PROTHONOTARY OF COUNTY: Settle, Discontinue and End With Prejudice to Refile the above-captioned matter upon the records of the Court and mark the costs paid. Sworn to and subscribed Before me the Day of lJ NOTAkY PU$B-I_" WELTMAN, WE;INBE:RG &)REIS CO., L. .A By: L L? Lyndsay E Ro land, Esquire PA I.D. #2055 0 WELTMAN, EINBERG & REIS CO.. L.P.A 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#8124822 Nv??+al Sul Wendy L. Gaul Noory Public City of pitUburgh, A110911 0Y County My Commission Exp July 151 W , Member. Pennsylvania Association of Notaries