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HomeMy WebLinkAbout11-1892 TiE i rOTNONOTA =d '2011 FEB 16 AM 10: 07 UUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. MADELEINE R LANDIS Defendant No. 1 6 Vi 1 Te-r? COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. #42524 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Building. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 WWR# 7634288 q wqd'R11 2 ?5Sk73 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. Civil Action No. MADELEINE R LANDIS Defendant COMPLAINT IN CIVIL ACTION 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. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-31.66 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: MADELEINE R LANDIS 1 W PENN ST APT 410 CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX7120. 4. Defendant made use of said credit card and has a current balance due of $6,027.25, as of January 31, 2011. 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 23.100% per annum on the unpaid balance from January 31, 2011. 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, MADELEINE R. LANDIS, INDIVIDUALLY, in the amount of $6,027.25 with continuing interest thereon at the rate of 23.100% per annum from January 31, 2011 plus costs. James C. brodt, 42524 WELT , WEINBERG & REIS CO., L.P.A 436 Sev nt Avenue, Suite 1400 Pittsb gh, A 15219 (412) 34- 955 FAX: 41 -338-7130 7634 88 This law firm is a debt collector attempting to colk/t this debt for our client and any information obtained will be used for that purpose. PrrA= Balance Paylnall & Credits FINANCE Transactions New Balance MiniNnrm Payment Due Date $5,386.32 - $0.00 + $106.97 + $78.00 $5.571.29 $1,044.00 Jan. 07, 2009 Nov. 14, 2008 - Dec. 13, 2008 Page 1 of 1 -? Maatill Platitaan Accost 5111105"447120 Your Account Inforntatblt TOTAL CREDIT LINE $5.000.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $5,000.00 AVAILABLE CREDIT FOR CASH $0.00 Finniae Charges (Please see reverse for rrportant infomrehon) Bob" rate Percdlc Conesponchrg FRANCE applied b rate APR CHARGE Purchases $4,75104 0.065411% D 2390% 893.33 Cash $09455 O.OM48% D 239091 $1364 ANNUAL PERCENMGE RATE applied this period: 23.801. Q AtYorrttervbe-Gob w bmaupeyour cmint. or Qa 1-0 UM-3W7 b report a bid or ebknoed ortpedc b Qabnr Re6toe ® PWOnNrralppmy ormatymrpymintb = One Bak (115A), NA • P 0 Bic 71083.Orbtb, NC 1083 Send, WNO rr BO: ® O OWN OW P 0 Boo30798- SriLdreOly,tn8/130-M ® Have a question about a chrge on your sl abarwtT Please refer b the Nlry Ruts Sunmay on the bade of you sabment or visit: Yarhe behind by sic payments If we charge off you account rise to late or missed payments, fiance charges will continue to accrue Act now to prevent this from happening Please fay the minimum payment amount on you statement or gore us a call at 180D 956 600D were here to help Trice cmw dyour credt with CapDal Cne "lnparfent Notre" Under to terms we preaousy dscbsad to you, you account a row elgble ter an Increase n Arad PaoenDge Raley (APRs) effective mnedel* However, Coal Ore tom elected n1 to reae you APRs at has tme Please be adneed that (you fad m keep you errant n good stanRirg, CepW One reserves to rgM b raise you APRs in the We Paynwnta, Credib 8 Add tteltts Tmnsat#lotts 1 08 DEC PAST Dt1E FEE 0.00 2 13 DEC WERLIMIT FEE DEC 13, 2006 939.00 You account 0 9D days past dse and you Payment Pnsteutm coverage has been arsperrdud As stated in your Payment Protection agreement, Your coverage and mouthy cthage will be reinstated once you w= nt is no larger 90 days past due You may ad be ell" ter berrefb to be pad to you som nl for oss events described in your Payment Protection agreement. Cal Stanebrrdge, Barak Services at 19811-6275904 to see dyoru situation qudfae for benefit You account has gore over Ik creel Imt To avoid a lAc al overtnd No. you should pay more tan to Mnmum Payment Please pay enough to bring you account balance balm you crack limit mmedaldy, and make sue you socou t balance romean bebw you rxadt Imt PIN" be sure the amount you pay amrrls for any &"a purdieses, fees, ad firence charges You were assessed a past de fee because your minimum payment was rot received by to due date To sad this fee in the We, we recommend that you (flow at least 7 business days for your mrrnrun payment to reach Capral One PLEASE RETURN PORTION BELOW WITH PAYMENT OR LAG ON TO WWW.CAPTTALONE.CAM TO MAKE YOUR PAYMENT ONLINE 1 5178052681447120 13 5571290122001044004 7634288 le Account Number: 517"526-8144-7120 Due Date New Balance Minimum Payment Amoknt Enclosed CJan. 07, 200 $5,571.29 $1,044.00 PLEASE PAY AT LEAST THIS AMOUNT #9034959916533274# MADELEINE R LANDIS 3A ASPEN LN CARLISLE, PA 17015-7631 1111111111Ills ill'111rIN11111sill rl'III111r'11'lJill. Irr11IIIIII 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 © Moving? Change your address online or on the hack e Help save the planet Go paperless Sign up at www capdalone com Capital One Bank (USA), N.A. P.O. Box 71063 Charlotte, NC 26272-1063 IIIIIIIIIIIIIIIIII'll'IIIIIIIr'111111''11'1'111'11"11111111'1111 Pkaise make tdredcs payable to Capital One Bank (USA), NA and mail with this coupon in the andosed envelope. EXHIBIT I + , CAPITAL ONE BANK (USA), N.A., Plaintiff, V. MADELEINE R LANDIS 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 f Dated: ? 0 Stephen Har N00000030396438 535725642 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson -,Q =r Sheriff Jody S Smith r c,F. : Chief Deputy <" : 0 Richard W Stewart -`' Solicitor t Capital One Bank (U.S.A.) N.A. vs. Case Number Madeleine R. Landis 2011 -1892 SHERIFF'S RETURN OF SERVICE 02/17/2011 11:07 AM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on February 17, 2011 at 1107 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Madeleine R. Landis, by making known unto herse ersonally, at 1 W. Penn Street, Apartment 410, Carlisle, Cumberland County, Pennsylvani 013 i c ntents and at the same time handing to her personally the said true and correct copy of t M e. c SFj{jkdP04ARi*6eT, DEPUTY SHERIFF COST: $33.40 February 22, 2011 SO ANSWERS, '?Z RON R ANDERSON, SHERIFF i c0m`N'S.Me >"E'iff PIP ,t (t. cG. WELTMAN, WEINBERG & REIS, CO. , L. P.A. BY: William T. Molczan, 47437 Attorney for Plaintiff (s) I .D. No. 47437 436 7th Ave Ste 2500 Pittsburgh PA 15219-1842 (412) 434-7955 FAX: 412-434-7959 File # 07634288 C N Pit SJS CAPITAL ONE BANK (USA) ,NA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs . MADELEINE R LANDIS µ. CASE NO. 2011-01892 PRAECIPE TO SATISFY TO THE PROTHONOTARY: Kindly mark the case and judgment entered against Defendant MADELEINE R LANDIS as satisfied. WELTMAN, WEINBERG & REIS CO. , L. P.A. By William T. Molcza Attorney for Pla' tiff �- a