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Home My WebLink About10-61113 ': Fe,0 "HCNOTARY "n j "r °YND COUNTY ?YU/ANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs THOMAS G BARTELS Defendant No : 1b - (0111 (Ity l l T" 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 08381396 C N Pit CXC O *qA.0o P a ATT-! 0 4T70783 1?# ay8bloo VISION COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEASCIF CUMBERLAND CAPITAL ONE BANK (USA),NA Plaintiff vs. THOMAS G BARTELS Defendant Civil Action No 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: THOMAS G BARTELS 48 MONTGOMERY AVE SHIPPENSBURG, PA 17257 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX1863 . 4. Defendant made use of said credit card and has a current balance due of $2282.72 , as of September 07, 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 September 07, 2010 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 111" 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 , THOMAS G BARTELS , individually , in the amount of $2282.72 with continuing interest thereon at the rate of 26.100% per annum from September 07, 2010 plus costs. James U. warmnrurau,-*zjzY WELTMAN EINBE1?G & REIS CO., L.P.A. 436 Se n h Avenue, Suite 1400 Pittsb rg , PA 15219 (412) 34 7955 FAX: 12- 38-7130 0838 396 C N Pit CXC This law firm is a debt collector attem?ti to collect this debt for our client and any information obtaine w 11 be used for that purpose. FINANCE Previous Balance Payments & Credits CW4RGE $1,631.32 $0.00 1 + $40.07 * Transa(dit>ns $78.00 = New Balance Minimum Payment Due Date =$1,749.39 1 $538.00 `Oct. 28, 2009 Sep. D4, 2009 - Oct. 03, 2009 Page 1 of 1 IunsL PAY AT iasr -HIS 410UNIT 8381396 MasterCard Pwdm n Ammnt 5ITSM24041.IN3 Your Account Inlortrlation TOTAL CREDIT LINE $1,10000 TOTAL AVAILABLE CREDIT $000 CREDIT LINE FOR CASH $15000 AVAILABLE CREDIT FOR CASH $0 00 Finance Changes (Please see reverse for Important 111"110rmab0n) Balancerate Periodic Corresponding FINANCE applied to rate APR CHARGE Carchases SI' So 00 0 08055% D 2940% 9000 .,ash ANNUAL PERCENTAGE RATE appied this period: Z0AD% O Al Your Service- Go b~caotbnearn b?z itipyUrecoarr- Q VCadI_Wg00t.WRtorepatabetorsbkncador"*boAbrner t ia" ® Pay OnInea ffl"SNA&L=Q- mal yorf papreM br : Oro Bank (UW, N.A. • P 0 Bak 11083 • Cfarbl a, ^IC 1083 ® Saud Inquiries Ao: Captal Or orra• P P 0 0 Buz 30285 • Sal Lake City. Ur 841300'ffi5 You're behrd aY six payments if we charge off your a=unt due to late or missed payments finance charges wit continue to accrue Act now to prevent this from rkTpL rcg Phase pa the minimum payment a nount on your statement a 91 us a call at 1800 95 M Were he e to he p Take wnt01 of yor neciit with Capital One PzffM CMRS 3 AdiuStlrlt nt5 - Transactions 53900 1 20 SEP PAST DUE FEE S00 2 03OCT OVERLINIT FEE XT 03,2W9 Your account: is 9D days past due and you Payment Protection coverage has been suspended As staled in your Payment Protection ag eernent, your coverer and monthly charge will be lerstiiled once your account 6 n0 longer 9D days past due You may still be *I* fo benefits to be pad lo your accent for loss events described n your Payment Pf WWn agreement. Cant SbneFxd9e Benefit Services at 1.888-527-04 to see t your situation gruhfies for benefits Your account has gone over as credit lint To avoid additional overknit fees, You shoed pay more then the NAnmum Payment Please parr anougn to bring your account balance below your aedd limit immediately, and make sue your account balance remars below you aa& knit Please be sue the amount you phi accounts for any future purchases, fees, and finance charges You were assessed a Past due fee because your minimum payment was not received by the due date P avoid the fee in the future, we recommend that you abw at least 7 business days for your Teremurn payment to reach Capri One ® Have a question about a charge on your sfaeena:r0 fns Please refer to the Bing Rights Summary on the back of your i. hl1'v?? statement or visa www mPitabre cur Jdiswtes PLEASE RETURN PORTION BELOW WITH PAYMENT OR LAG ONTO VMW CAPITALONE COM TO MAKE YOUR PAYMENT ONLINE Account Number. 5178-0572.4041.1863 1 !,70"c"41863 03 1749390228780538003 Due Date New Balance Minimum Payment Amount Enclosed Oct. 28, 2009 JI $1,749.39 $538.00 PLEASE PAY AT LEAST THIS AMOUNT BE SAFE! Your trash could be an Identity thief's . gold. Manage your account online and end the paper trail. Sign up at www.capitalone.com #9027777834152558# THOMAS G BARTELS Capital one Bank (USA), N.A. 21 SHORT LN P.O. Box 71863 SHIPPENSBURG, PA 17257-9453 Charlotte, NC 26272-1863 rlalla,1,I„I-,Ihl4,IP16d,l,rl,Il'IIIdI,IIIIP,,,rha„h if IIIII-II,,-ILIA-yr11ilna,,Jill p-II-1-III,II„Illdld,hd Please make checks payable to Capital One Bank (usA), N.A. and mad with this coupon in the endosed envelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. THOMAS G BARTELS 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: -"? 7 ie Williams N00000033734424 788160455 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~~~•,rtr 4C ~n+hUrr/~~~ b t- { ~FFc~ ~ ~ ~~r :.~~~~~~ Capital One Sank (U.S.A.) N.A. vs. Thomas G. Bartels Case Number 2010-6111 SHERIFF'S RETURN OF SERVICE 09/29/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Thomas G. Bartels, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Thomas G. Bartels. Request for service at 48 Montgomery Avenue, Shippensburg, PA 17257 is located in Franklin County. SHERIFF COST: $51.00 SO ANSWERS, September 29, 2010 RON R ANDERSON, SHERIFF E"1 r-~ ~p crs r°- ~ T ~ r ,~ ~ ~ ~ r ~ E~ ~ ? r-- ~ ` ---~ ;-'~ ~z~ ~~ ~ ~W-j -; ; ~;; ~ c,~ s:~ ~»a ~~ fc) Coun+ySuite Sheriff. Twiersoft, bac- OF THE PRO FILED-OFFICE 2011 LOUi?i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. THOMAS G BARTELS Defendant(s) No. 10-6111 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R Bibler, Esquire PA I.D. #93598 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#8381396 NPE A' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No. 10-6111 CIVIL TERM THOMAS G BARTELS 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. WELTMAN, WEINBERG & REIS CO., L.P.A. By: - C Benjam n ib r, squire PA I.D. # 3598 WELT AN, EINBERG & REIS CO., L.P.A. 1400 K rs Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 SWORN TO AND SUBSCRIBED before me this day of 2010 NOTAR LIC COMMONWEALTH OF PENNSYLVANIA Notarial seal Wendy L. Gault, Notary Public City of Pittsburgh, Allegheny County My Commission Expires )u 15 2014 Member. Pennwtvania n N rtes