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HomeMy WebLinkAbout10-5199t 210 ,';k? lU bolo Atxr to pnt ? : s'b IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: l0 - 5f99 l.?tViIText, vs. WENDY J STEPHENS COMPLAINT IN CIVIL ACTION Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan,47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 08208031 C N Pit EMR O A 9A.oo P6 Pr'N e ay& 4/88 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No WENDY J STEPHENS 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 5100 PEACHTREE INDUST.BLVD NORCROSS , GA 30071 . 2. Defendant is adult individual(s) residing at the address listed below: WENDY J STEPHENS 123 ANDREW CT CARLISLE, PA 17015 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX1071 . 4. Defendant made use of said credit card and has a current balance due of $2409.26 , as of June 16, 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 26.100% per annum on the unpaid balance from June 16, 2010 . A copy of Plaintiffs Statement is attached hereto, marked as Exhibit "1" and made a part hereof. r ? 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 , WENDY J STEPHENS , individually , in the amount of $2409.26 with continuing interest thereon at the rate of 26.100% per annum from June 16, 2010 plus costs. Wi is T. Mo zan, 47437 WELTMAN, WEI ERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 08208031 C N Pit EMR This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. RNANCE Previous Balance Payments & Credlits CHAR(4E Trarmactions New Balawe Minimum Payment Due Date C$1,811.88 - $0.00 + $46.01 + $39.00 = $1,896.89 $543.00 (Si. 15, 2009 Jul. 22, 2009 -Aug. 21, 2009 Page 1 of 1 Visa Platiri m Acwur t 48l2-31112S779i.1071 Your Account hlfomtation TOTAL CREDIT UNE $1,50000 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $1,500.00 AVAILABLE CREDIT FOR CASH $000 FnA iee Charges (Please see reverse for inportent infamalan) Balance rate Periodic Conesponcli g FINANCE applied lo rate APR CHARGE Purchases Si,84277 00B065%D ' 2940'% S4601 Cash $000 000055%D 2940% 9000 ANNUAL PERCENTAGE RATE applied Us period: 28640% jlh At Your Service •Gob bmngsya 0100CU r, or cat 1.800.9033637 to report a hA or stolen cud a speak to Oaaaner Relaions ® Pay Onkneat ornaltarpeymxrta Capital One Bmk (USA), NA • P 0 Bar 71043 Qiatrb, NC 2927&1063 Sand Inquiries to: Capital OrrP0 Bic 30295• Sat we City Ur s, 41 OQ06 ® Have a grustlon about a charge on yew striemerV Please refer to the Bdkg Rights Sun ay on the back of your staartle d or visit T PLEASE PAY AT LEAA TIe5 AMDUNT You're behind by set payments If we charge off you wcou nt die to We or mused payments, finance, charges will continue to aarue Act new lo prevent the from happening Please pay the mrrmun rRyihent amount on your statement or give us a cal at 1 BCD 955 6600 We're here to help rake control of your credt wlh Capital One Payments, Credlks & Adjustments Transactions 1 15 AUG PAST DUE FEE 53900 Your amount is 90 days pest due and your Payawl Protection coverV has been susperKi d As stead n your Payment Prolecbon agreement, your coverage and mouthy charge will be reinstated once your account is w lager 90 drys past due You me/ still be eligible for benefits to be pad to your amount for loss events described in your Payment Prolecbon agreement. Cal StonOxid3e Benefit Services at 1-888-527-6904 to see dyour situation gefifies for benefits You account has gone over is ore* land. To avoid adds" overlrtrt fees, you should pay more then the Minimum Payment, Please pay sough to brig your account balance below your crack knit rnmedatey, and make sue you account baknoe renieris below you credit lint Please be sue the amount you pay amou is for any future pucleses, fees, and fiance charges You were assessed a past de fee because you mrrrrrn payinerd we* not received by the due date To aaad 0is fee in the We, we recommend that you allow at least 7 business days fa your merman payrnenl Io reach Capital One PLEASE RETURN PORTION BELOw wrrH PAYMENT OR LOG ON TO www.CAPITALONE COM TO MAKE YOUR PAYMENT ONLINE 8208031 Account Njumber. 4862-3625-7799-1071 Due Date New Balance Minimum Payment Amount Enclosed Sep. 15, 2009 $1,8911.89 $543.00 PLEASE PAY AT LEAST THIS AMOUNT #9023491831166421# WENDY J STEPHENS 123 ANDREW CT CARLISLE, PA 17015-4375 II111I'll'1111'I'1'Id11111s'I1111111u1r11?n1'11'I11111'I11111' )1071 21 1896890023000543006 Lend a hand. Save the land. Manage your account online today- it's fast, easy and secure. O Pay online anytime-no more checks, stamps or clutter 0 Moving? Change your address online or on the hack i0 Help save the planet Go paperless © Sign up at www capnalone com Capital One Bank (USA), N.A. P.O. BOK 71063 Charlotte, NC 20272-1083 1111Will 1--11111'II'11IIIII"II1111"II'I'Ill'llaallllllll'1111 i Please make che?ks payable to Capital One Bank (USA), NA. and mail with this coupon in the enclosed envelope. I i EXHIBIT I PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. WENDY J STEPHENS Defendant(s). VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities, that he/she is an authorized agent of CAPITAL ONE BANK (USA), N.A., Plaintiff herein, and that he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. Dated: `Margaret Parton N00000033061206 704521640 A049 WELTMAN, WEINBERG & ? EIS CO., L.P.A. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sh@riff ~$~~,tr ~4 ~umbpr~~~ ~ -~ d`ti ,`~'~'`~~ fGE GF'Kf SffERIFF I=, Jody S Smith Chief Deputy Richard W Stewart SOiIC%t0I" ZQI~~``_~'t~ I t t,i~~ ,rot b AEG- 1? ~`'~ t ~' 1p Gla, _ _ `#~fi~`~. r', ~ .•~ Capital One Bank (U.S.A.) N.A. vs. Wendy J. Stephens Case Number 2010-5199 SHERIFF'S RETURN OF SERVICE 08/13/2010 08:06 PM -Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on August 13, 2010 at 2006 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Wendy J. Stephens, by making known unto herself personally, at 123 Andrew Court, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her ,~ - personally the said true and correct copy of the same. ~{ VALERIE WEARY, DEPUTY SHERIFF COST: $33.40 August 16, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff. Teleosoft, Inc. 1 - *' k~ i~.t..D-OFD FCC 24i0 OC T -1 P~~ 2y 57 t;t~~~3ES~~A~D COU~lT~ P~~~S~t'L~~~Ji~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL DNISION CAPITAL ONE BANK (USA),NA Plaintiff vs. WENDY J STEPHENS Defendant(s) No. 10-5199 CNIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITH PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Lyndsay E Rowland, Esquire PA LD. #205520 WELTMAN, WEINBERG & REIS CO., L.P.A 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#8208031 NPE t '- ,. ,- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CNIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 10-5199 CIVIL, TERM WENDY 3 STEPHENS Defendant(s) PRAECIPE TO SETTLE DISCONTINUE AND END WITH PREJUDICE TO REFILE TO THE PROTHONOTARY OF COUNTY: Settle, Discontinue and End With Prejudice to Refle the above-captioned matter upon the records of the Court and mark the casts paid. WEL' By: Lyndsay E R , lan , E; PA I.D. #2055 0 WELTMAN,' INBE 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#8208031. Sworn to and Before me i Day of CO., L.P & REIS CO., L.P.A ,,~~p AN E6MM~NW ryp~arl~al ~~ , NotaN pubec ' cty ~ w~ror,, a1e4hern ~0zoln mission Exp~~' ]uly 15, 1 My Com agora of Notaries Mem'.~C~ Pennyy~vanla A~