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Home My WebLink About07-0802i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. ERIC FUNK Defendant c-7. No. lU COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbaodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05591672 C N Pit CXC I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No ERIC FUNK 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 ASSOCIA'T'ION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, CAPITAL ONE,SANK is a corporation with offices at 140 EAST SHORE DR GLEN ALLEN , VA 23059 . 2. Defendant is adult individual(s) residing at the address listed below: ERIC FUNK 1370 NEVIVTLLE RD CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number 4862362418916923 . 4. Defendant made use of said credit card and has a current balance due of $1525.47 , as of January 09, 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 09, 2007 . 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 , ERIC FUNK , INDIVIDUALLY , in the amount of $1525.47 with continuing interest thereon at the rate of 25,900W per annum from January 09, 2007 plus costs. rmbrodt,42524 WELTM IN$ERG & REIS CO., L.P.A. 436 S Avenue, Suite 2718 James VU477,9., Pitt PA _15219 (412 FAX 8-7130 05 1 N Pit CXC This law firm is a debt collector attting to collect this debt for our client and any information obtained will be used for that purpose. V'peoplepc- online A better way to Internet. .J • •' 1W- 1 1-888-587-9669 Mention Offer Code- COPPER Visit: -peoptepc-C-990/bopper SPECIAL PRICE FOR CAPITAL ONE CARDHOLDERS Capiftdow Acoout Summary PreviousBdaeee 51,060.40 Payments, Credits and Adjusmrents S.OD Tramsac6oos 535.00 Finaux Charges 523.58 UNLIMITED INTERNET ACCESS PeoplePC Online offers all the features =no= her-priced viders, including: ly Virus Protection pv vmd by 8ymantec- Pop-Up BlockeO" Spam Controls 4 Smarter Smart Dialer Technology ® E1 More Email Addresses ® $ Internet Call Waiting PLATINUM VISA ACCOUNT IUL 14 - AUG 13, 2005 4862-3624-1891-6923 Page 1 of 1 Paymets, Credits and Adjustmew 13 AUG PAST DUE FEE NewBalaoee $1,118.98 Youwaeasae•edapaddtefaeofS35.00on08/1WMbaaseyormmim®prymeatwacmt Minimum Am(nmt Due 51.118.98 reeeivedbyme due date of08l13rIM. To avoidtlus feel, the Borne, werN?mamd that you PayrmmatDue Due Seplember13,2005 albwatkau7businvasdysforyomrpayoantto reach Capital One. TOW Credit Line S50D ToW AvailableCra it S.00 Credit Lime for Cash S50D AvaflableCredit for Cash S.00 At your service Tooalcwwnle ielatiomrmreportaloswswlaw(L 1-NO-903-3637 Samkaymentt« Sawbqudrieso: AtmRe minancEuocessimg talOrme hpOeBank C?t 65 P. Box790216 P.O.Bod0?2 StLoisM063179-0216 SLC,UT84130-=5 F Fimunce Charges 535.00 EXHIBIT I Balancift aPP Periodic Cgreaoomdmg FINANCE rate APR CHARGE PURCHASES S1,071.76 .07096% 25.90% S23.58 CASH S-OD .07096% 25.90% S.OD ANNUAL PERCENTAGE RATE applied this penod T PLEASE RETURNPORTIONBELOW WITH PAYMENT C--Wh owl 0000000 0 4862362418916923 13 1118980100001118989 New Balaue S1,118.98 Minimum AmamtDue S1.118.98 Payment Due Date September 13, 2005 ToW enclosed S Account Number: 4862-3624-1891-6923 P1eapi,, Ii sddueadmoo- m sio?luosblaefmlc. 25.90% Street Apt# City Sure ZIP Homt1mme Altcndbwme Ema3.ddas #9022673911578952# NAIL ID NUMBER Capital One Bank ERIC FUNK P.O. Box 790216 1111111111181111111161 m 12 OXFORD CT St. Louis, MO 63179-0216 CHAMBERSBURG PA 17201-8726 I1Ih11111111111L11111L11L1111L1m.111d1111111L1111111L1 0 Pleauwnteyouracco nburnberonyo=heckrmone)urdemadepayaNctoCgmtd OneBatcand mail in theme r peoplepc- online A better way to Internet. UNLIMITED INTERNET ACCESS 1-888-587-9669 .. , Mention Offer Code: COPPER VIA: www.peoplepc.com/go/copper PwpbPC is w" mspmsbb for 0* albs and Is rot aSilatea Wah GBp W One. Capital One dos not pro arouse o pbraiee, and is not eiaated wtb, ay Mod ct or service ahwm hero. Ary tradernerks menaorred twm as sd* owned by as MWKM wally. Al dphb mmvad. By mWandrrp to an oIIr, you may be earrmseicahnp irio vMw aboutyoasaabtlbteonpar VWprovids Olkpmdct-forsanpkmatyounaCapWOscustomer TaopbPC COW Fbt S mmths aro biaad at 54.97 per. aN $9.95 pr mwM abroMer PaapePC ONr A0.0braled-! list 9 ru' - aro baW w 57.47 PQ mom: 574.95 pee MMM thweahr. 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AN FWft Rawved PsophK dine and tb bpos we tradem ft d PeopsPC b as U.S. and COW MI-rtriOL 0 2005 Ca0W da SwOmm bm Capaal des b a bdwally ropblMed vwvim mwk Aa rgllds mwv@d. 8 o ; N a? VERIFICATION CAPITAL ONE BANK vs FUNK, ERIC 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, ALBERT VELASQUEZ, Authorized Agent, of CAPITAL ONE BANK, Plaintiff Herein, that he/she is duly authorized to make this Declaration, 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. 14A\? ?? ALBERT VELASQUEZ MA SHA DAV9S Y 01 C' GFOnCIA ?? r? ?c?,q? ter,-, i 4862362418916923 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. oS-'?q 1 ( Ja ^l rnF7 r rC") IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. ERIC FUNK Defendant No. 07-802 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#05591672 Judgment Amount $ 1619.64 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. ERIC FUNK Defendant TO THE PROTHONOTARY: Civil Action No. 07-802 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, ERIC FUNK above named, in the default of an Answer, in the amount of $1619.64 computed as follows: Amount claimed in Complaint $1525.47 Interest from 1/9/07 TO 4/6/07 at the legal interest rate of 25.9% per annum $94.17 TOTAL $1619.64 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: WILLIAM T. MOLCZ , 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#05591672 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: 1370 NEWVILLE RD CARLISLE,PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff VS. ERIC FUNK Defendant Civil Action No. 07-802 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 PZtz,, (xx) Assumpsit Judgment in the amount of $1619.64 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 PRO. HONG ERIC FUNK 1370 NEWVILLE RD CARLISLE,PA 17013 Plaintiffs 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 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff ERIC FUNK Defendant(s) IMPORTANT NOTICE TO: ERIC FUNK 1370 NEWVILLE RD CARLISLE,PA 17013 Date of Notice: 3 (-ol WWR## : 05591672 Case # (9'90a Ci ial i L P)N? 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: -?Gt Gcw.? r?tot?t0-4 C mYN.a? 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. ERIC FUNK Defendant Case no: 07-802 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, ERIC FUNK 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, ERIC FUNK is not in the military service. Further Affiant sayeth naught. AFFIANT /l SWOR S CRIBED in y-osence th* yday of .? virildiws?, c 11NWSYLVANIA OTARY PUBL[ ?? No! ? 4eal Wi,dy L Gault N Public t?It} t ','. my COunt}I j My CUT' ?sion FOR!, July 15, 2010 !Wv, of Nolal 10-s 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 Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 APR-06-2007 06:21:55 ,K Last Name First/Middle Begin Date Active Duty Status Service/Agency FUNK ERIC 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. owt 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: ht_t_p__://www.defenselink mil/faq/pis/PC09SLD_R_.htm] 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 4/6/2007 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: CFUCCRWLJZV https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 4/6/2007 Z N fi 1 _IQL s g J W U v y.6 t N r -? Sri SHERIFF'S RETURN - REGULAR CASE NO: 2007-00802 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS FUNK ERIC MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE FUNK ERIC DEFENDANT was served upon the at 1225:00 HOURS, on the 15th day of February , 2007 at 1370 NEWVILLF RnAT) CARLISLE, PA 17013 ERIC FUNK by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.40 Affidavit .00 Surcharge 10.00 .00 3/b Y/6 3 2 . 4 0 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 02/16/2007 WELTMAN WEINBERG EIS ?? By: Deputy Sheriff of A. D.