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Home My WebLink About13-0750IN THE COURT OF COMMON PLEAS OF ~- -~:. - ;: ~-; ~ v CUMBERLAND COUNTY, PENNSYLVANIA., , , ~;_ , ;, ';,~,;a'i~ ir,~ . CAPITAL ONE BANK (USA), N.A. 4851 COX ROAD GLEN ALLEN, VA 23060 Plaintiff ~~s. KEI"I'H B DEAKMOND 49 S PITT ST CARLISLE PA 17013-3210 Defendant CIVIL ACTION ~~ ~" ~~~' ~ ~` ~~ ~ ~ ~ ~ J F'~~~~51`~ VANiA N~: i3 Aso ~~~1 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 to Defend are served, by entering a written appearance personally or by an attorney and tiling 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. YOt1 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 ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO I~EE. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 717-243-9400 Q~~~~1~2.~ p~ c~~ at~si~ ~~ ~~~ ~3 X41?~~ 33 3 IN "THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (USA), N.A. 4851 COX ROAD GLEN ALLEN, VA 23060 Plaintiff CIVIL ACTION vs. NO: KEITH B DEARMOND 49 S PITT ST CARLISLE PA 17013-3210 Defendant X COMPLAINT Plaintiff, CAPITAL ONE BANK (USA), N.A., by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, CAPITAL ONE BANK (IJSA), N.A., (hereinafter "Plaintiff') is a corporation with a principal place of business located at 4851 COX ROAD GLEN ALLEN, VA 23060. 2. The Defendant KEITH B DEARMOND (hereinafter "Defendant") is an adult individual residing at 49 S PITT ST CARLISLE PA 17013-3210. 3. Defendant applied for and received a credit card issued by CAPITAL ONE BANK (USA), N.A. with the account number ending in 5970. 4. Use of the CAPITAL ONE BANK (USA), N.A. credit card was subject to the terms and considerations of the Cardmember Agreement (hereinafter "Agreement"), a copy of which was sent to the Defendant along with the credit card. 5. Defendant used the CAPITAL ONE BANK (USA), N.A. credit card account number ending in 5970, for purchases, cash advances and/or balance transfers. 6. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 7. The Defendant last made payment on December 26, 2012. 8. The total amount due and owing the Plaintiff is $21,089.96. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $2l ,089.96 plus costs of suit and any other relief as the Court deems just and appropriate. Respectfully submitted, Mit`haeYF. Ratchfo d,`~sc Attorney I.D. Nos :86285 120 N. Keyser e Scranton, PA 1 504 mratchford@eaa-1 aw. com Phone: 800-503- l 665 Fax: 570-558-5511 VERIFICATION 1, Michael F. Ratchford, attorney for Plaintiff, CAPITAL ONE, BANK (USA), N.A., am fully familiar with the facts set forth in the within Complaint and am authorized to make this Verification on behalfof Plaintiff. I Verify that the facts set forth in the within allegations are true and correct to the best of my knowledge, knowing that any false statements are punishable by law pursuant to 18 C.S.A. 4904. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson FILED-OFF10E ",,,. Sheriff �, ti of upadrtt � 1.� �� ' � ft ti t Jody S Smith Chief Deputy ;' alb MR 8 Richard W Stewart AHQ CQNTY OFF CG SolicitorF r sir �� Capital One Bank(USA) N.A. Case Number vs. 2013-750 Keith B Dearmond SHERIFF'S RETURN OF SERVICE 03/11/2013 10:50 AM-Deputy Jason Vioral, being duly sworn according to law, served the requested Complaint& Notice by"personally"handing a true copy to a person representing themselves to be the Defendant,to wit: Keith B Dearmond at The Cumberland County Sheriffs Office at One Courthouse Square, Room 303, Carlisle Borough, Carlisle, PA 17013. JA VIO L, DEPUTY SHERIFF COST: $34.00 NSWERS, March 13, 2013 R-0NIiW R ANDERSON, SHERIFF (,C)CountySuite Sheriff,Teleosoft no IN 1-1-TE; COURT OF CO:rOMON ["f.EAS OF - , w CUMBERLAND COUNTY, PENNSYLVANIA i M (USA), N.A.CAPI AL C F BAN are CIVIL ACTION Plaintiff =a C) vs. ::0 KEITH B DEARMOND NO: 13-750 CIVIL Defendant 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 AMENDED Complaint and Notice to Defend 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 ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 717-243-9400 4 1N TI-I.E. COUNT OF CONIN1 1'ON PLIFAS OF C,.7Mf1ERr-AND COUNTY, _P�,.MNIS`i':LV ANIA CAPITAL ONE BANK(,JSA),N.A. Plaintiff CIV!I", ACTION vs. KEITH B DEARMOND NO: 13-750 CIVIL Defendant AMENDED COMPLAINT Plaintiff, CAPITAL ONE BANK(USA), N.A., by and through its attorneys, Edwin A. Abrahamsen &Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, CAPITAL ONE BANK(USA),N.A., (hereinafter "Plaintiff') is a corporation with a principal place of business located at 4851 COX ROAD GLEN ALLEN, VA 23060. 2. The Defendant KEITH B DEARMOND (hereinafter "Defendant") is an adult individual residing at 49 S PITT ST CARLISLE PA 17013-3210. 3. Defendant applied for a credit card with Plaintiff. 4. In response to the application submitted by Defendant, on or about May 1, 2003, defendant was issued a credit card from CAPITAL ONE BANK(USA),N.A. with the account number ending in 5970. 5. Defendant received the credit card ending in 5970 from Plaintiff. 6. Use of the CAPITAL ONE BANK(USA),N.A. credit card was subject to the written terms and considerations of the Cardmember Agreement(hereinafter "Agreement"). A true and correct copy of the agreement governing Defendant's account at the time of closure is attached hereto, Incorporated hcreln, and rnarked as Exhibit 7. After May 1, 2003, Defendant used the CAPI`1'AL ONE BANK(USA), N.A. �.reda card account number ending in 5970, for purchases, cash advances and/or balance transfers_ 8. After May 1, 2003, pursuant to the terms of the Agreement, Plaintiff made cash advances to Defendant, either as actual cash or in payment for purchases Defendant made from. third parties by using the credit card account ending in 5970 at the request of Defendant. 9. The Defendant was mailed account statements relative to the Defendant's use of the subject credit card. True and correct copies of account statements sent to Defendant are attached hereto, incorporated herein and marked Exhibit`B." 10. Defendants use of the account, and payments made on the outstanding balance accepted the terms of the Agreement. See, Exhibits"A-B." 11. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 12. Account ending in 5970 was 6 months delinquent as of June 26, 2012 12. The total amount due and owing the Plaintiff is $21,089.96. See, Exhibit`B." WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of$21089.96 plus costs of suit and any other relief as the Court deems just and appropriate. Respeettill"- sr b.J d, ich F. atc. ford, Esquire Scott J. Best, Esquire Attorney I.D. Nos.: 86285/93600 120 N. Keyser Ave Scranton, PA 18504 mratchford @eaa-law.com Phone: 800-503-1665 Fax: 570-558-5511. V t-jZ.IFICAT10N 1, Scott I Best, attorney for CAPITAL ONE BANK: (USA), NA am frilly familiar with the facts set forth in the within Arntended Complaint and am authorized to make this Verification on behalf of Plaintiff. I ani nuking this Verification as Plaintiff is Located outside of this jurisdiction and a Verification could not be obtained in the time required for this fling. I Verify that the facts set forth in the within allegations are true and correct to the best of my knowledge, based on information transmitted and provided to me by Plaintiff, knowing that any false statements are punishable by law pursuant to 18 C.S.A. 4904. A client verification has been requested and will be substituted for this attorney verification upon receipt. Sc WBest, IN AITIF COURT 13.1_:EAS OF Cl T1',JBFR:LANJ COUN'i Y, P.i NNSY.L\%ANIA C. PI'I';AJ_, ONE B,!-,NK(USA), N.A. Plaintiff CIVIL ACTION vs. KEITH DEARMOND NO: 13-750 CIVIL Defendant CERTIFICATE OF SERVICE I, 6C-0'4+"y. _ , Esquire, hereby certify that I caused a true and correct copy of the Plaintiff's Amended Complaint was served via first class United States Mail,postage prepaid on the date set forth below upon the following: Keith B. Dearmond 49 S. Pitt St. Carlisle, PA 17013 Date: Slal.3 BY: E win . Abr arose &Associates, P.C. Michael F. Ratchford, Esquire Scott J. Best, Esquire Attorney I.D.Nos.: 86285, 93600 120 N Keyser Avenue Scranton, PA 18504 (570) 558-5510