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Home My WebLink About07-10704 ;1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE F.S.B. l Plaintiff No: 1Q-7D t..lu ??F1L L vs. COMPLAINT IN CIVIL ACTION CATHY SWARTZWELDER Defendant 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 05591811 C N Pit SGM IN THE COURT OF COMMON PLEASCOF CUMBERLAND IS ON COUNTY, PENNSYLVANIA DIVI CAPITAL ONE F.S.B. Plaintiff vs. CATHY SWARTZWELDER 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 i COMPLAINT 1. Plaintiff, CAPITAL ONE F.S.B. 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: CATHY SWARTZWELDER 25 OLD STONEHOUSE RD CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number 7812602444100255 4. Defendant made use of said credit card and has a current balance due of $5650.90 , as of January 23, 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 19.990% per annum on the unpaid balance from January 23, 2007 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 11111 and made a part hereof. 1 7. Although repeatedly requested to do so by Plaintiff, Defendant as willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for judgment in its favor and against Defendant , CATHY SWARTZWELDER , INDIVIDUALLY , in the amount of $5650.90 with continuing interest thereon at the rate of 19.990% per annum from January 23, 2007 plus costs. James armbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 e enth Avenue, Suite 2718 Pit sb rgh, PA 15219 (4 2) 434-7955 F 412-338-7130 0 5 811 C N Pit SGM This law firm is a debt collector att?npting to collect this debt for our client and any information obtained will be used for that purpose. 042 Your account is temporarily suspended from i future charges and cash advances due to its ACCOUNT STATUS FOR: past due status. MS CATHY SWARTZWELDER A ood credit ratln can help you et credit cards 9 PAST DUE! a cell phone or even a Lob. We can help restore your charging privileges: L Y 7 P • Use our free Check by Phone service by calling >< Soo g55.66oo. D S,7E SU • Call our friendly associates for payment options at the number above. • If you have online access, log on to your account and pay now at www.capitalone.com. cop"OwI ?,V myo•-Mtr • If you prefer, simply use the remittance coupon below. The purpose of this letter is to collect a debt. Any information obtained will be used for that purpose. ® 2005 Capital One Services, Inc. Capital One is a federally registered service mark All rights reserved. oat ass CapiWIO W HEALTHCARE FINANCE ACCOUNT JUL 11- AUG 10, 2005 Page I of I 781260-2444100255 Loan Payment Information TOTAL NEW BALANCE $4,379.73 AMOUNT DUE $4,379.73 PAYMENT DUE DATE September 05,2005 At your service Tocal)CustorneRelatioml-800-785-2490 Sendpaymentlo: Sendinquirieao: Attn:RemrttaneProce5=9 F.S.B. ' t 0 n s n Capita 9 0217 W Box7 StLouisM063179-0217 ?5830 830 .Bor P.O RiehmondyA23285-5830 Payments and Adjustments Other Charges 1 13 Jl1I- PAST DUE FEE $29.110 ANNUAL PERCENTAGE RATE applied this period gym` tl Pl S N b PLEASE RETURN PORTION BELOW WITH PAYMENT 19.99% Gw 0000000 7 7812602444100255 10 4379730150004379732 Pleasprintaddres?angdtelowsin$duorblxl'mk Total New Balance $4,379.73 Minvnum Amount Due $4,379.73 Street Apt# W=A ayment Due Date September O5, 2005 City Smote ZIP Total enclosed I HomFhone Altemaleane Account Number: 781260-2444100255 #9022399916650519# MAIL ID NUMBER ?- MS CATHY SWARTZWELDER 25 OLD STONEHOUSE RD Capital One, F.S.H. CARLISLE PA 17013-9797 r P.O. Box 790217 St. Louis, MO 63179-0217 N IIIIurtIIrnIIIIruIIIIII III.r.rl,L„III,,,I...Ill,r,l,p„? LrtllLrrlllrrrrrrll,rll,LliJr,rll,h I,,,I„IrLLIJrIt,l Pleasc"teyouraccounhumberonyowcheclormoneyorrdennadepayabletoCapital One,F.S.B. and mail in theencloselnvelope. VERIFICIN ION CAPITAL ONE BANK, F.S.B. vs MS CATHY SWARTZWELDER, 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, TRACY TAYLOR, Authorized Agent, of CAPITAL ONE BANK, F.S.B.. 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. TRACY ?;i'lOR IAYA? (.?_ *_5_4_0bf Uvonda S. Brooks Notary Public Douglas Countv, Georgia .- My Commission Expires Febnuary 29.'_008 7812602444100255 A049 `NELTMAN, WEINBERG & REIS CO., L.P.A. J ?? C7 N rV N) c-n v q 5 VJ M- -10 r., -r, 71 v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE F.S.B. , Plaintiff VS. CATHY SWARTZWELDER Defendant No. 07-1070 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#05591811 Judgment Amount $ 5,867.20 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 F.S.B. , Plaintiff vs. Civil Action No. 07-1070 CIVIL TERM CATHY SWARTZWELDER Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, CATHY SWARTZWELDER above named, in the default of an Answer, in the amount of $5,867.20 computed as follows: Amount claimed in Complaint $5,650.90 Interest from FEBRUARY 23, 2007 TO MAY 4, 2007 at the legal interest rate of 19.99% per annum $216.30 TOTAL $5,867.20 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. MOLC N, 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#05591811 Plaintiffs 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: 25 OLD STONEHOUSE RD CARLISLE,PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE F.S.B. , Plaintiff vs. Civil Action No. 07-1.070 CIVIL TERM CATHY SWARTZWELDER Defendant 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 Mla y .Ll ?.OD7 (xx) Assumpsit Judgment in the amount of $5,867.20 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 ONOT CATHY SWARTZWELDER 25 OLD STONEHOUSE RD CARLISLE,PA 17013 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 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE F.S.B. Plaintiff VS. CATHY SWARTZWELDER Defendant Case no: 07-1070 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, CATHY SWARTZWELDER 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, CATHY SWARTZWELDER is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN TO AND SUBSCRIBED in my presence this I day of Notarial Seel NO RY PUBL[ ?/ayneAJones, Notarypubllc C1tY Of Pitbburgti, Alley County MY Commission Expires Jura 29, 2010 Member, Pennsyrvanla Association of Notaries 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 MAY-04-2007 11:55:34 -< Last Name First/Middle Begin Date Active Duty Status Service/Agency SWARTZWELDER CATHY 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. IA. owt lot A?&V_ 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: htt - //www.defenselink.mil/fM.//pis/PC09SLDR.htm1 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 5/4/2007 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: TAERNWEMUO https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 5/4/2007 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE F.S.B. i Plaintiff Case # Jr7-1J-7 O G'?? CATHY SWARTZWELDER Defendant (s) IMPORTANT NOTICE TO: CATHY SWARTZWELDER 25 OLD STONEHOUSE RD CARLISLE,PA 17013 y "] Date of Notice: / 7 la WWR#: 05591811 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: aU'gb& Ytt.or PATRICK THOMAS WOODMAN PA I.D. 434507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 O N V b - rv SHERIFF'S RETURN - REGULAR CASE NO: 2007-01070 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE F S B VS SWARTZWELDER CATHY DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SWARTZWELDER CATHY the DEFENDANT , at 1642:00 HOURS, on the 19th day of March 2007 at 25 OLD STONEHOUSE ROAD CARLISLE, PA 17013 CATHY SWARTZWELDER by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.52 Affidavit .00 Surcharge 10.00 .00 ,3124.,-l b 7 ?, ? 3 9. 5 2 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 03/20/2007 WELTMAN WEINBERG REIS By: O ?atl'? S Deputy Sheriff of , A. D.