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Home My WebLink About07-1118 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. MARK A ZIMMERMAN Defendant No: 4n -7 - ///P (21 U 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 05613974 C N Pit DKB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. MARK A ZIMMERMAN 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 COMPLAINT 1. Plaintiff, CAPITAL ONE BANK 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: MARK A ZIMMERMAN 151 OAKHILL RD CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number 4388642058803498 4. Defendant made use of said credit card and has a current balance due of $1143.88 , as of February 01, 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 27.740% per annum on the unpaid balance from February 01, 2007 . A copy of Plaintiff's STATMENT 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 Defendant , MARK A ZIMMERMAN , INDIVIDUALLY , in the amount of $1143.88 with continuing interest thereon at the rate of 27.740% per annum from February 01, 2007 plus costs. James C. Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 eve th Avenue, Suite 2718 Pit sbu gh, PA 15219 (4 ) 4 4-7955 F 4 2-338-7130 0 613 74 C N Pit DKB This law firm is a debt collector aYem kf ng to collect this debt for our client and any information obta ne will be used for that purpose. Pleasprintmailingddresvtdloe-maithangdmlovaingtlu®rblacfmk. CapitaloW GOLD VISA ACCOUNT 4388-6420-5880-3498 Account Summary PreviousBalancc $730.96 Payments, Credits and Adjustments $.00 Transactions $88.00 Finance Charges $16.89 New Balance $835.85 Minimum Amount Due $835.85 Payment Due Date November 03, 2005 Total Credit Line $400 Total AvailableCredit $.00 Credit Line for Cash $400 AvailableCredit for Cash S.00 At your service To callCustomeRelalionertorepora lostorstolereard: 1-800-903-3637 Forfreeonlineaccotmservicendspeciatustomcnfferslogonto www.capitalone.com Sendpaymentso: Sendinquirieso: Atm: RemittancProcessing CapitalOneBank CapitalOne P.O.Box790216 P.O.Box30285 St.LouisMO63179-0216 SLC,UT84130-0285 Important Account Information Twelve unsung heroes of college athletics are competing for the honor of Capital One National Mascot of the Year- and youcan help decide who wins]Each week,the mascotsgo head-to-head in competition, but only one will win the coveted title and $10,000 for their school. Go to capitalone.com where you can vote daily for your favorite mascot - and don't forget to tune in to the Capital One Bowl on ABC on Monday, January2, 2006, to see who wins] SEP 04 - OCT 03, 2005 Page 1 of 1 Payments, Credits and Adjustments Transactions 1 03 OCT CAPITAL ONE MEMBER FEE 559.00 2 03 OCT PAST DUE FEE 29.00 We appreciate your businessand are convening your account to Platinum status as of October 17, 2005. So, be on the lookout for the arrival of yournew Platinum card at yournext reissue. Until then, you will receivePlatinum benefits when you useyourcurrent card For details about your new Platinum benefits,visitwww.capitalone.com/creditcardsand clickon the Guide to Benefits link. Thanks for choosing Capital One. You were assesseda past due fee of S29.00 on 10/03/2005 becauseyour minimum payment was not receivedby the due date of 10/03/2005. To avoid this fee in the future, we recommend that you allow at least 7 business days for your payment to reach Capital One. EXHIBIT Finance Charges Pleaseseereverssideforimponantinfo-ation Balancmte Periodic Corresponding FINANCE applied) rate APR CHARGE PURCHASES 59 $225 07600098 27 74 0 $11. CASH . . . ANNUAL PERCENTAGE RATE applied this period PLEASE RETURN PORTION BELOW WITH PAYMENT CapitalOW 0000000 0 4388642058803498 03 0835850050000835857 New Balance S835.85 Minimum Amount Due $835.85 Payment Due Date November 03, 2005 Total enclosed S Account Number: 4388-6420-5880-3498 003 27.74% City State ZIP HomYhone Altemalffione #9027700427134833# MAIL ID NUMBER RMAN MARK S A HILL RD Capital One Bank 15 P.O. Box 790216 11111111111111111 ut I 1 m -- 1 OAKHILL St. Louis, MO 63179-0216 CARLISLE PA 17013-8929 ° Pleasewrite youraccomtlwnberonyourcheciormone?ardennadepayableto Capital OneBankand mail in theenclosednvelope. The Deal You've Been Waiting For... MOTOROLA RAZR V3 FREE > FREE* Wireless Camera Phone > BONUS Free Bluetooth® Headset (860 Value) ACT NOW > FREE Shipping & Handling Limited Time Offer x cinlar WIREFLY t°rohders ° guraisingthebar.A" TheWWmSuper,ten r r VERIFICATION CAPITAL ONE BANK vs ZIMMERMAN, MARK A 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, 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. T WY TAY O MYRA PRINDLE Notary Public Gwinnett County Georgia My Commission Expires July 31 st 2005 4388642058803498 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. ti b fJ iq ti _l a ?J C-) r E` rU r? co n T Q7 €,r ,'n K 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. MARK A ZIMMERMAN Defendant No. 07-1118-CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt PA I.D. 42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-71305 WWR#05613974 Judgment Amount S 1,216.04 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. I' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 07-1118-CIVIL TERM Kindly enter Judgment against the Defendant, MARK A ZIMMERMAN above named, in the default of an Answer, in the amount of $1,216.04 computed as follows: Amount claimed in Complaint Interest from February 1, 2007 to April 25, 2007 at the interest rate of 27.740% per annum $72.16 MARK A ZIMMERMAN Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT $1,143.88 TOTAL $1,216.04 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: Ja/ea b dt P4 WEINBERG & REIS CO., L.P.A. 43enue, Suite 2718 PiA 15219 (45 F8-71305 W 74 Plaintiff's address is: V c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`" Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 151 OAKHILL RD CARLISLE,PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 07-1118-CIVIL TERM MARK A ZIMMERMAN Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order o Judgment was entered against you on I a OD 7 (xx) Assumpsit Judgment in the amount of $1,216.04 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?q; MARK A ZIMMERMAN 151 OAKHILL RD CARLISLE,PA 17013 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Case # MARK A ZIMMERMAN Defendant(s) IMPORTANT NOTICE TO: MARK A ZIMMERMAN 151 OAKHILL RD CARLISLE,PA 17013 '? Date of Notice: WWR#: 05613974 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 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 Case no: 07-1118-CIVIL TERM Plaintiff vs. MARK A ZIMMERMAN Defendant 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, MARK A ZIMMERMAN 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, MARK A ZIMMERMAN is not in the military service. Further Affiant sayeth naught. SWORN TOiD SPJSCARIBED in my presence thi?y OF PEN, 1 = Cfj 1 TARY PUB 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 W Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 APR-24-2007 11:58:20 "< Last Name First/Middle Begin Date Active Duty Status Service/Agency ZIMMERMAN MARK A 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. Y6VA. 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 defe_nselnk.mil/fact/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: BOBGNKCQKQC https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 4/24/2007 f 7 "'rw W V Q t- C) ra ?-c 9 -nr:'; SHERIFF'S RETURN - REGULAR CASE NO: 2007-01118 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS ZIMMERMAN MARK A 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 ZIMMERMAN MARK A the DEFENDANT , at 2018:00 HOURS, on the 14th day of March , 2007 at 151 OAK HILL ROAD CARLISLE, PA 17013 MARK ZIMMERMAN 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 5.76 Affidavit .00 Surcharge 10.00 3),?(.1b9 L?_ v1' 33* 00 Sworn and Subscibed to before me this R. Thomas Kline So Answers: 03/15/2007 WELTMAN WEINBERG REIS By. ja-t? Deputy Sheriff day of A. D.