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Home My WebLink About07-1191IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. CHARLES LEESE Defendant No: 017-1/9/ 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 05615911 C N Pit KMJ I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. CHARLES LEESE 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: CHARLES LEESE 50 DREXEL PL NEW CUMBERLND, PA 17070 3. Defendant applied for and received a credit card bearing the account number 5291152515307326 4. Defendant made use of said credit card and has a current balance due of $1307.11 , as of February 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 27.740% per annum on the unpaid balance from February 09, 2007 . A copy of Plaintiff's Statement of Acco unt 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 , CHARLES LEESE , individually , in the amount of $1307.11 with continuing interest thereon at the rate of 27.740% per annum from February 09, 2007 plus costs. James WELTM 436 S Pitt (412 FAX 05 5 This law firm is a debt collector att our client and any information obtain Warmbrodt,42524 WEINBERG & REIS CO., L.P.A. th Avenue, Suite 2718 r h, PA 15219 3 -7955 -338-7130 C N Pit KMJ ding to collect this debt for ill be used for that purpose. The Deal You've Been Waiting For... MOTOROLA FREE?R V3 '_- >FREE* Wireless Camera Phone "``0""°2""""j;&m > BONUS Free Bluetooth® Headset ($80 Value) > FREE Shipping & Handling ' X cingular WKEFLY One --?.? raisingthebar,etl' 1hewkwesssuperstwe Capitalow- Account Summary PreviousBalance $903.52 Payments, Credits and Adjustments $.00 Transactions $35.00 Finance Charges $20.84 New Balance $959.36 Minimum Amount Due 5959.36 Payment Due Date November 19, 2005 Total Credit Line $500 Total AvailableCredit $.00 Credit line for Cash $500 AvailableCredit for Cash $.00 At your service TocalILlstomdtelar mwtomporialcONstoletrard 1-800-903.3637 Forfremnlinmcoomrtervicandspedabstmmeoffer 4ogon to: www.uapitalote.com Se dpaymentb: Sendinqu ineso: AtimIke timnicerocessing CapislOneBank CapitalDne P.0.Bo)f790216 P.O.Box30285 SLLorus]t4063179-0216 SLC,UTS4130405 Important Account Information Twelve unsung heroes of collegeathletics are competing for the honor of Capitsl One National Mascot of the Year- and yoncan help decide who wins] Each week, the macosgo head-to-bead in c:anpe6tion, bur only one will win the coveted tide and $10,000 for their school. Go to capitalonecom where youcan votednly fr your favorite mascot- and don't forge to tune in to the Capital One Bowl on ABC on Monday, January2, 2006, to see who wins] PLATINUM MASTERCARD ACCOUNT 5291-1525-1530-7326 Payments, Credits and Adjustments Transactions 003 f SIR 20 - OCT 19, 2005 Page 1 of 1 1 19OCT CAPITAL ONE MONTHLY MEMBER FEE $6.00 2 19 OCT PAST DUE FEE 2900 We appreciateyotrbusinessand are convening your account to Platimmn status as of October 17, 2005. So, be on the lookout for the arrival ofyo rnew Platimun card at your next reissue. Until then, you will receiveftfinumu benefits when you use your current card For details about your new Plati nnn benefits, visit www.eapitalmue.comkrcdiwardsand click on the Guide to Benefits link Thanks for choosing Capital One. Youwae assesseda pat due fee of $29.00 on 10'192005 becauseyo rminimum payment was not receivedby the due date of 10/19/2005. To avoid this fee in the f inure, we recommend that you allow at least 7 busnessdays for your payment to reach Capital One. Finance Charges Plew-Ore versesideforrnportantinfimunion Balantate Periodic Corresponding applietb rate AAPPRR CHARGE PU SES $895.07 .07600°2 27.74% $20.41 $18.67 .076002 27.74% S.43 ANNUAL PERCENTAGE RATE applied this period 27.74% PLEASE RETURN PORTION BELOW wrrH PAYMENT "'f'31G• 0000000 0 5291152515307326 19 0959360072040959367 New Balance $95936 Pleasprinmtailingddresr,d/oe-mailhmgdelowsing)l umrblacink. Minimum Amount Due $959.36 Streel Apt# Payment Due Date November 19, 2005 City State ZIP Total enclosed 5 Homfbone AltanaAhone Account Number: 5291-1525-1530-7326 nmaa?moress ' Capital One Bank P.O. Box 790216 1u1uu1u11uu1u1uu11u1 St- Louis, MO 63179-0216 Pleasewrite youraccounnumberon you #9029390935734486# MAIL ID NUMBER CHARLES LEESE 50 DREXEL PL m NEW CUMBERLND PA 17070-2204 u, o ? rcheclormonelordermadepayabletoCapital OneBmkand mail in theenclosednvelope. FREE*RAZR V3 Motorola RAZR V3 phone includes: >Digital Zoom Camera >Bluetooth Capability >Buik-in Speakerphone >Ukra-Thin Compact Design Cingular Wireless Plans include: >Unlimited Mobile to Mobile >FREE Nationwide Long Distance >No Roaming Charges > Rollover Unused Anytime Minutes (A feature speck only to Cingular Wireless!) Order Today! Call 1-800-973-C,,:"";, Or Visit www.wirefly.com/capital-,^z r X cingula grtheberWiR-EFLY • Ph" free abr in" rebate. m oiler is fumed by Meeac W. an sNprimtl defer fie Meter Maims. Oltr rOJedbaedl apprw?r andbavelapebarmrara a?retlnpanew lnedsrWp onatanywrcmaad eAtlt (grhpdr WYsMm. Nil Y Ii5 mrlab me craned by MgftWMma.dyou o ndln a CiparMhdwiswya teA 8 °i1Bf leaf oft arrh rnM r ;N= otbw:E wf refrkAOrr eee bl Or tr afale aler Joft i"" may y bw4 Tfk ae repgrbd bedwrwha Vt,w YPrebm, LLC. Ow r wkebmarM the CYhplw r Nam bqo Welft loon are aenirs mwla d 0 2005 Cir"r Unless. LLC.Afl riprb rmr"a reyawea aWenhwls of pngdarwirfms LLC. Monk', anpdw' and VArW are -001111re for see oft y arid . not m01Ww wbb raDial One. Cagtf One dm ear eraww r and Is not OMdW wim. ?a!7 podx t or areke ahoxn nre. Any ba0enrrfr w herein Bn slay ox?ned 6y tlb rmpedNe entlty.IW rgnls rwrved. By ISIPWN to Mile fifer, you may be ??m - rpiblq wWmd- aMrR yorwM to 1M rmpany Mat providm Mtla product -for enrage, Mgt 1. are s O 2005 Ca Z"., Inc. CWW One is e fedudy registered service mech. AM dphb reserved. appear as %M dehoTerht or take ally ae8dn tteab u g Special RWe For Credit Card Purchases fee s s N N 1 O vQ1 NN t Does not apply to consumer non-credit card amwu '/. Does not apply to business non-credit card accam A M, privacy protection: g cool. 'v 1.1 S -171 t b. our . A VERIFICATION CAPITAL ONE BANK vs LEESE, CHARLES The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn 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 AYL R Dudie umer Notary Public, Dekalb County, Georgia My Commission Expires January 19, 2009 5291152515307326 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. b ?t w i ) E?J (JI Z Q? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. CHARLES LEESE Defendant No.: 07-1191 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#05615911 Judgment Amount $ 1,353.13 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. Civil Action No.: 07-1191 CIVIL TERM CHARLES LEESE Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, CHARLES LEESE above named, in the default of an Answer, in the amount of $1,353.13 computed as follows: Amount claimed in Complaint $1,307.11 Interest from February 9, 2007 to April 17, 2007 at the legal interest rate of 27.74% per annum $46.02 TOTAL $1,353.13 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: - W4 /" -t,- ?/ ? ? ? WILLIAM T. MOLC , ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR#05615911 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: 50 DREXEL PL, NEW CUMBERLND,PA 17070 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff CHARLES LEESE Defendant(s) IMPORTANT NOTICE TO: CHARLES LEESE 50 DREXEL PL NEW CUMBERLND,PA 17070 Date of Notice: 'A 0-1 WWR## : 05615911 Case # Cpl -? 1l?1 C m L -Z-p'v1 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, Plaintiff VS. CHARLES LEESE Defendant Case no:: 07-1191 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, CHARLES LEESE 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, CHARLES LEESE is not in the military service. Further Affiant sayeth naught. f ! AFFIANT SWORN TO AND SUBSCRIBED in my presence this ay of t\ COMMONWEALTH OF PENNSYLVANIA Notarial Seal NOT RY PUBLIC Wayne A. ,ions, Notary Public City Of Pittsburgh, A. legheny County My Comnus icn Expires June 29, 2010 Member, Pennsylvania 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 Rr ° Military Status Report Pursuant to the Servicemembers Civil Relief Act Page I of 2 APR-18-2007 05:01:27 >.. Last Name First/Middle Begin Date Active Duty Status Service/Agency LEESE CHARLES 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. y6y. f J1. 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: httD://www.defenselink.mil/fac/Dis/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 4/18/2007 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: CIREZUVTBJL https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 4/18/2007 N 0 V G I?j r? ca I'2 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. Civil Action No.: 07-1191 CIVIL TERM CHARLES LEESE Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Orde or Ju ment was entered against you on t 2oO (xx) Assumpsit Judgment in the amount of $1,353.13 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: PROT ONOTA CHARLES LEESE 50 DREXEL PL NEW CUMBERLND, PA 17070 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: 2007-01191 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS LEESE CHARLES MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LEESE CHARLES the DEFENDANT , at 1555:00 HOURS, on the 8th day of March , 2007 at 50 DREXEL PLACE NEW CUMBERLAND, PA 17070 by handing to MARIE LEESE 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: So Answers: Docketing 18.00 Service 16.32 ?=`°` Affidavit 00 Surcharge 10.00 R. Thomas Kline .00 44.32 03/09/2007 WELTMAN WEINBERG REIS ?s?o1 Sworn and Subscibed to 3? By: before me this day Deputy Sheriff of A.D.