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Home My WebLink About07-0764 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. JAMES D AKE Defendant No: 07 ^ 7(.4 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 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05632060 C A Pit AMT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No JAMES D AKE 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 l COMPLAINT 1. Plaintiff, CAPITAL ONE BANK is a corporation with offices at 6851 JERICHO TURNPIKE #190 SYOSSET , NY 11791 2. Defendant is adult individual(s) residing at the address listed below: JAMES D AKE 2906 DICKINSON AVE CAMP HILL, PA 17011 3. Defendant applied for and received a credit card bearing the account number 4388642074711337 . 4. Defendant made use of said credit card and has a current balance due of $7093.37 , as of January 08, 2007 . 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 25.9000 per annum on the unpaid balance from January 08, 2007 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 11111 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 , JAMES D AKE , INDIVIDUALLY , in the amount of $7093.37 with continuing interest thereon at the rate of 25.900% per annum from January 08, 2007 plus costs. Jame C. Warmbrodt,42524 WEL , WEINBERG & REIS CO., L.P.A. 436-Seve th Avenue, Suite 2718 PIfatsbur h, PA 15219 (412) 4 4-7955 F'X 4 2-338-7130 0P632 60 C A Pit AMT This law firm is a debt collector attie ting to collect this debt for our client and any information obtai; d will be used for that purpose. w- Now with FREE Accelerator • • for the rest 12 m usthst-a $60 ralim a 97* 4 - a month for first 3 months; $9.951mo. thereafter SIGN UP TODAYi .IAM087-9669 J ES D AKE ICKINSON A Mention Offer Code: EMERALD APT 1 HILL P -5226 Or visit www.peoplepc.corn/go/emerald f io a N Cc7iaftlo die GOLD VISA ACCOUNT 4388-6420-7471-1337 Account S Previous Balance $4,002.73 Payments, Credits and Adjustments S.00 Transactions $41.00 Finance Charges $83.20 New Balance $4,126.93 Minimum Amount Due $4,126.93 Payment Due Date April 23, 2004 Total Credit Line $5,000 Total Available Credit $.00 Credit Line for Cash $5,000 Available Credit for Cash $.00 At your service To call Customa Relations or to report a lost or stolm ®rd: 1-800-903-3637 For free online s-mt savim and special customer offal, log on to: www.npinlonemm Send payments to: Send inquiries to. Attn: Remittance Processing Capital One Services Capital One Services P.O. B. 85147 P.O. Box 85015 Richmond, VA 23276 Richmond, VA 23285-5015 Inwortant Account Information This month you will receive your 2004 Guide To Benefits, which sets forth all the additional benefits and services you may be eligible to receive this year. These benefits and services supersede any benefits and services provided in your 2003 Guide To Benefits or other additional benefits and services previously communicated to you. Please read and retain for your records. PLEASE RETURN PORTION BELOW WITH PAYMENT. Caphalow, 0000000 0 4388642074711337 23 4126930097004126932 New Balance $4,126.93 _Minimum Amount Due $4,126.93 Payment Due Date April 23, 2004 Total enclosed S Account Number: 4388-6420-7471-1337 FEB 24 - MAR 23, 2004 Page 1 of 1 Payments, Credits and Adjustments Transactions 1 23 MAR CAPITAL ONE MONTHLY MEMBER FEE $6.00 2 23 MAR PAST DUE FEE 35.00 Families in PA EARNING INCOMES UP TO $43,240 per year may be eligible for low-cost or free health care coverage FOR THEIR UNINSURED CHILDREN. Ifyou or someone you know has a child without health insurance, call toll free 1-877-KIDS-NOW for information about the low-cost or free health care coverage programs in PA. You were assessed a past due fee of $35.00 on 03/23/2004 because your minimum payment was not received by the due date of 03/23/2004. To avoid this fee in the future, we recommend that you allow at least 7 business days for your payment to reach Capital One. 0039 peoplepu online 11/ A better way to Internet. PeoplePC Online offers the features you would expect from higher-priced Internet Service Providers at half price for the first 3 months! ® Virus Protection powered by Symanteet" ® Pop-Up BlockerT"t Spam Controls 4zp ' Smarter Smart Dialer Technology 4V ?W More Email Addresses 49P % Internet Call Waiting EXFII?IT Finance Charges - Please tee reverse ride for important in, formation Res! n.arr Pry cmapwsding CHA?GE gepliedro sir APR ?'HA GE PURCHASES $1,419.79 .07096% 25.90% 129.22 CASH 5.00 .07096% 25.90% 5.00 SPECIAL TRANSFERS $2,623.15 .07096% 25.90% 198 ANNUAL PERCENTAGE RATE applied this period Ple-print -d .z adh-and/or r-mad d-ga hl- using 61- or kl .f mL 25.90% 5neet Apt ;r Cry Store ZIP Home Phone Al-.. Phone #9008478010336692# MAIL ID NUMBER JAMES D AKE Capital One Bank 2906 DICKINSON AVE P.O. Box 85147 APT 1 Richmond, VA 23276 CAMP HILL PA 17011-5226 Please unite yow account number m your chwh or money order made payable to Capital One Rank and mail in the rnbled envelope. r VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is Nichole Kennedy Agent of 0AZ1+0 & , plaintiff herein, that N-- F (COMPANY) he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. if, ]AAAAaYX Ilym i" ' P (SIGNATURE) W WR# l -? Od n -n CO r? CD C? r? ?J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. JAMES D AKE Defendant No. 07-764 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05632060 Judgment Amount $ 7626.55 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. JAMES D AKE Defendant TO THE PROTHONOTARY: Civil Action No. 07-764 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, JAMES D AKE above named, in the default of an Answer, in the amount of $7626.55 computed as follows: Amount claimed in Complaint $7093.37 Interest from JANUARY 8, 2007 TO APRIL 24, 2007 at the legal interest rate of 25.9% per annum $533.18 TOTAL $7626.55 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: IN ?. WILLIAM T. MOLCZAN, E QUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05632060 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 2906 DICKINSON AVE, CAMP HILL,PA 17011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK f? 7 le ?/? Plaintiff Case # y ( ?? ??1/?/ ?IT1 JAMES D AKE Defendant(s) IMPORTANT NOTICE TO: JAMES D AKE 2906 DICKINSON AVE CAMP HILL,PA 17011 Date of Notice: WWR#: 05632060 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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 BY : t r1 MA4 WvOqw-%^. - PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff VS. JAMES D AKE Defendant Case no: 07-764 CIVIL TERM NON-MILITARY AFFIDAVIT The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil. Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, JAMES D AKE is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, JAMES D AKE is not in the military service. Further Affiant sayeth naught. AFFIANT in my presence this 41 day ,r?i?nLiVV??t -n `d OF PENN1,"LVAN1,A ia! Se? . Jy X009 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. Request for Military Status Department of Defense Manpower Data Center 1b Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 APR-24-2007 08:56:34 -K Last Name First/Middle Begin Date Active Duty Status Service/Agency AKE JAMES Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. 14 0 . Vf Abut lot 0114, A?M_ Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. #167;#167; 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink.mil/faq./pis/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 4/24/2007 Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: BDIWHWHFKES https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 4/24/2007 4 T n ! ?1^ ]rr n W ?C V ? C? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. JAMES D AKE Defendant Civil. Action No. 07-764 CIVIL TERM NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on va? (xx) Assumpsit Judgment in the amount of $7626.55 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: PR HONOT ) JAMES D AKE 2906 DICKINSON AVE CAMP HILL,PA 17011 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7 h Avenue, Pittsburgh, PA 15219 1-888-434-0085 SHERIFF'S RETURN - REGULAR CASE NO: 2007-00764 P Amended COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS AKE JAMES D RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon AKE JAMES D the DEFENDANT at 1221:00 HOURS, on the 28th day of February , 2007 at 2906 DICKINSON AVE CAMP HILL, PA 17011 by handing to JAMES D AKE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Amended Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 26.40 .00 10.00 R. Thomas Kline .00 / 54.40/ 05/01/2007 WELTMAN WEINBERG REIS 6 O D By. day Deputy Sheriff A. D. CASE NO: 2007-00764 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS AKE JAMES D RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within CRIMINAL COMPLAINT was served upon AKE JAMES D the DEFENDANT at 1221:00 HOURS, on the 28th day of February-, 2007 at 2906 DICKINSON AVE CAMP HILL, PA 17011 by handing to JAMES D AKE a true and attested copy of CRIMINAL COMPLAINT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 3)d,v.'o? 18.00 26.40 .00 10.00 .00 54.40 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 03/01/2007 WELTMAN WEINBERG REIS By ?i Deputy S eriff A. D.