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HomeMy WebLinkAbout10-3872I . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA No: /o - 387 Cry; Ll Plaintiff vs. COMPLAINT IN CIVIL ACTION AMY S BRETZ 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 08013689 C N Pit EMR C??- o?ct M11G cK'd ysQVrs iZ-tL aps7d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No AMY S BRETZ 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: AMY S BRETZ 612 3RD ST ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX5663 . 4. Defendant made use of said credit card and has a current balance due of $3604.71 , as of May 11, 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 23.1000 per annum on the unpaid balance from May 11, 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 , AMY S BRETZ , individually , in the amount of $3604.71 with continuing interest thereon at the rate of 23.1000 per annum from May 11, 2010 plus costs. James 436 S Pitts (412) FAX : / 080113 This law firm is a debt collector att our client and any information obtain WEINBERG & REIS.CO., L.P.A. e th Avenue, Suite 1400 r h, PA 15219 -7955 -338-7130 9 C N Pit EMR ing to collect this debt for ill be used for that purpose. FINANCE Previous Balance Pgffw b & Credits CHARGE Transactions New Balance Minimlm Paymart Due Dale $2,012.87 ?-? $94.96 + $27.84 *( $84.90 =( $2,030.65 $51.00 ? Dec. 26, 2008 Nov. 02, 2008 - Dec. 01, 2008 Page 1 of 1 P.:4S4 M1 AT LUST THIS 1140UH- MadwCard PMmrn Accent Paynknts, Credits & Adust meats =45373J1074009 1 0340V WMSLPERCENfERMECHANICSBURGPA $19.9} Your Account Information 2 19 NDV PAYMENT $75 00- TOTALCREDITLINE $2,100.00 Transaction TOTAL AVAILABLE CREDIT $69.35 3 03 NOV WM 5UPERCE4TER MEQ+AG53JRG PA 562.58 CREDIT LINE FOR CASH $2,100.00 4 25 NDV ARBY'S 7805 00078W HARRISBURG PA S1143 AVAILABLE CREDIT FOR CASH $69-35 5 26 NOV SHEETZ 0000100 MECHANICSBURG PA 51089 Finance Charges (Please see reverse for mporfant ribmahan) Balance rate Penxllc Gwwponb lg FIWICE applied b ale APR CHARGE Purde3es $1,30071 004548%F 1660% $1775 Cash S739.21 0,045M F 1060% 510.09 AECETEWW porlod: 18,81114 At Your &w4w - oo b m.=Mrp=b =rgpyou wmurt, or Wt lAM%MW b repo[ a tsl or tA. cad ar speak b Qaiomer Rehl orrs ® Pry Ordne at wnncsb.brewm or mailyocr pwmt b: Capital Ono 80* (USA), NA , P 0 Sox T1003, (hatMb, SIG 28272.1093 A Saari Mrqulrlea to: ttl Ore, P 0 Sox , Salt Lde qty, UT 84130-0M Haw a quMlon about a chugs on yow sbbmart? Please refer to the 311 Rghts Summary an the tack dya r statement or vent EXWiB1T PIFASE RETURN PORTION BELOW WIT" PAYMENT OR LOG ON TO W WY.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE 8013689 C?W-711 Account Number. 5291-1573-3607.5663 Due Date New Balance Minimum Payment Amount Enclosed Dec. 26, 2008 $2,030.65 $51.00 L PLEASE PAY AT LEAST THISAMOUI4f #9033746334003258!1 AMY S BRETZ 612 3RD ST ENOLA, PA 17025-3134 .1.I11 .nll.xl..ll. '5663 01 2030650075000051000 Lend a hand. Save the land. Manage your account online today- it's fast, easy and secure. e Pay online anytime-no mare check,. cf-I or clutter 0 Moving? Change your acldress online or on the back Q Help save the planet Go paperless © Sign up at www capitalone com Capital One Bank (USA), N.A. P.O. Box 71083 Charlotte, NC 26272-1063 1111111'lll"11111'!!'1111111..111111"II'I'lll'll"IIIIIIII'llll Please make checks payable to Capital One Bank (USN, NA and mail with this coupon in the endosed envelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. AMY S BRETZ 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: Margaret Parton A049 WELTMAN, WEINBERG & REIS CO., L.P.A. WELTMAN, WEINBERG & REIS CO., L.P.A BY: Sarah E. Ehasz, Esquire Attorney for Plaintiff(s) I.D. No.86469 436 Seventh Avenue, Suite 1400 tl, Pittsburgh, PA 15219 -:z 7:.7 Phone: 412.434.7955 ,- ?'c -V Fax: 412.434.7959 ?? tv -) File # 8013689 r ` CAPITAL ONE BANK (USA),NA r Y Plaintiff CUMBERLAND County Court of Common Pleas vs. NO. 10-3872 CIVIL TERM AMY S BRETZ Defendant(s) PRAECIPE FOR SATISFACTION OF JUDGMENT TO THE PROTHONOTARY: Please kindly Satisfy the Judgment of the above-captioned matter upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.I'.A. By Sarah E. Ehasz, $squi Attorney for Plaintiff fq.5o PO A" Ott rasa clSo 17