The URL can be used to link to this page

Home My WebLink About07-1661I 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. SMITH E NEIBERT Defendant No: 01 ,/44( 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 05615092 C N Pit DKB r ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. SMITH E NEIBERT Defendant Civil Action No 07- 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 r ? 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: SMITH E NEIBERT 9 PINE HILL AVE MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number 4862362426846120 . 4. Defendant made use of said credit card and has a current balance due of $1955.97 , as of February 28, 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 25.900% per annum on the unpaid balance from February 28, 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 , SMITH E NEIBERT , INDIVIDUALLY , in the amount of $1955.97 with continuing interest thereon at the rate of 25.900% per annum from February 28, 2007 plus costs. Jame C. Warmnroat,4L5G4 WELT WEINBERG & REIS CO., L.P.A. 436 Seve th Avenue, Suite 2718 Pi sbur h, PA 15219 (4 2) 4 4-7955 F 4 2-338-7130 0 615 92 C N Pit DKB This law firm is a debt collector at e ting to collect this debt for our client and any information obtai d will be used for that purpose. IV Plpeoplepcr- online A better way to Internet. ?J 1-888-587-9669 • Mention Offer Code: COPPER Visit: www.peoplepc.conVgo/copper PLATINUM VISA ACCOUNT 4862-3624-2684-6120 SPECIAL PRICE FOR CAPITAL ONE CARDHOLDERS JUL 24 - AUG 23, 2005 Page 1 of 1 Payments, Credits and Adjustments Transactions 1 23 AUG PAST DUE FEE $35.00 Youwere assesseda past due fee of $35.00 on 08/23/2005 becauseyour minimum payment was not receivedby the due date of 08/23/2005. To avoidthis fee in the future, we recommend that you allow at least 7 businessdays for yourpayment to reach Capital One. Balane®te Periodic Corresponding FINANCE applietb rate APR PURCHASES $1,116.38 .07096% 25.90°/ $24.56 CASH $237.95 .07096% 25.90% $5.23 UNLIMITED INTERNET ACCESS PeoplePC Online offers all the features you would expect from higher-priced Internet service providers, including: ® Virus Protection powered by Symantec- ® Pop-Up BlockerTM ?j Spam Controls ® Smarter Smart Dialer Technology aw LW More Email Addresses (' Internet Call Waiting ?sar 1?11? Finance Charges Pleaseseereversaideforimportantinfonnation ANNUAL PERCENTAGE RATE applied this period 25.90% PLEASE RETURN PORTION BELOW WITH PAYMENT CrapitaloW' Account Summary Previous Balance $1,339.98 Payments, Credits and Adjustments S.00 Transactions $35.00 Finance Charges $29.79 New Balance $1,404.77 Minimum Amount Due $1,404.77 Payment Due Date September 23, 2005 Total Credit Line $1,000 Total AvailableCredit $.00 Credit Line for Cash $1,000 AvailableCredit for Cash S.00 At your service To callCustomeRelationortorepomlostorstolemwd: 1-800.903-3637 SendpaymenMD: SendinquiriesD: Atm: RemittancErocessing CaappitalDneBank CapitalDne P.O.Box790216 P.O.Box30285 st.LouisM063179-0216 SLC,UT 84130-0285 ciWiftione 0000000 0 4862362426846120 23 1404770100001404775 Pleasprintmailingddres¢td/oe-maithangdwlowsing)lu®rbiaefLnk. New Balance $] 404.77 Apdk Minimum Amount Due _ $1.404.77 Street Payment Due Date September 23, 2005 City State ZIP Total enclosed $ HomBhone Alterr~ne Account Number. 4862-3624-2684-6120 ma ress Capital One Bank 11111111111111111111111 P.O. Box 790216 St. Louis, MO 63179-0216 ItILrnlLrrrlllrrrlldrrllrrrrrLLrrILIlr,rrJLIInIrJd #9023659939163173# MAIL ID NUMBER SMITH E NEIBERT N S 9 PINE HILL AVE m Z MECHANICSBURG PA 17050-1626 o ? r Pleasewrite youraccounnumberonyomehmiarmone5wdetmadepayableto Capital One Bank and mail in theencloscinvelope. V err. rya f c. r_ td r.? 2. _ a r_ r_ etr? i PeoplePc is solety responsible for this offer, and is not affiliated with Capital Ones. Capital One does not provide. product or service shown here. Any trademarks mentioned herein ted with an ffili t , y a a endoree a guarantee, and is no are solely owned by the respective entity. All rights reserved. By responding to this offer, you may be communicating information about yourself to the company that provides this product -fa example, that you are a Capital One customer. .- p e o p I onl e p ine 'PeoplePC Online: First 3 months are billed at $4.97 per month; $9.95 per month thereafter. PeoplePC Online 47 per moth; $14.95 per month thereafter. Offer available to new dal-up baled at $7 th TM A better way to Internet. . s are : First 3 mon Accelerated redeemed with any other offer. Offer subject to change at any time. bm at least years i it of age may not be P er hi nth PeoplePC Online Accelerated, certain Web page text and graphics will load faster when compared to standard Pe*W'C Online Accelerated is only compatible with PeopieloC Online var ma l h i y. s y msu al-up internal service. Actua d tnterr"' servce and specified Windowa® prowlers, PeoplePC Online Accelerated is not compatible with Windowsill, 95 UNLIMITED with IE 5.5 3P2. NTERNET ACCESS taims, and or determining and when restrictions may apply of cur qre atog ccess charges Se" a not ?'able'n all l You are responsible to wMedber a call to one d cur access numbers i ds told I pen per o . may apply, ly. even during will result in telephone toll charges. Access may be limited, especially during times of peak usage. Dial-up numbers may be changed at PwplePCa discretion. Continuous use subject to timeout procedures, All use is subject to PeoplePC 1 -888-587 -9669 Onfinels Services Agreement and Acceptable Use pokey. 56K is the maburtkan speed of swvkm; actual speed may vary. COPPER en tlo Inc. AN Rights Reserved. PeoplePC Online and Its logos are trademar o of PeoPIePC in the U.S. and 0 2005 M w.peoplepc omen countries. O 2005 Capital One Services, Inc. Capital One is a federally registered service mark. All rights reserved. E -B to b. which a . glues us appear as y9 ur unpmu armncc wr r l fits meapa 1. Yost ni stn t o .e trban c event vary qy Yuan rg LlerrC25e Q(rt o trot you p the entlie tvew Halance NO txteq on ont Rf !n a lS[at6a 1p 4s t 0 to reYtously sr?os to y1 ow safYatemen D me next ?tatem?ett cloSVingn?ttut Nd al plu the it y for ey o month. Un Q ce c arges crao wt anve o4 ous erne to ??tihe uSe one , ourpe"opt?I. r n n (Cm'er ur pen c t?a?te?merent 3 tnrpr0rerttgnat' 4e + j!eorsr f.sn e , n?ron or G 3-t cl- NLmImumuFni?ttatta tit e. Mtn toot Al {'Ip?AN? ante raR nng Dmtrmte'al?IdFE of yo stet Ve t tfext(to ths? ont?ee fron ,?'. penodictatgs is_ISss all 50.50, we wtlll mat enC corresnpndtn A $NT at?tOynt trpm e 0 50 mtmmwtj and ih ce walt?_,P!°nthry ?0 8yd ui lie l? Str Jo gJ11W t0 uleuu( Ct135e'i %' Ot w w t ? e•°WCes, I W7 ? e , pe porarV Reauctton mmoiae. a reserve the prevnous to to ou. ADf c brgg 8e9oseae any or ance c arges for any gtvenecnve on a rat o Yow t m mon is c ?ct N P.ha 4. assessment of I,?t Overlim t and Re Pa vki ante erg ail c c at ?,t?h m o 1ng ly tYootws t sus Gsse? pen tw f ac an t Ir.. c rated ra t?iat Joao innbrgreservoe tl`fnn ?,Agan _, ?. ant n"f'our bAa7'v p i1a1 Q,,? ve p not to assess an°Y.?"-`w"i?ltout or nIXt to paY? µc5p1 S?ppoo c eac2tMut wt tit wpvtn own tit to assess?'ie or thr b?l ?msclo to u?l a en odt Y B B e l m¢Y no we awo7Y phi pqt crate wea??pus at a. bm . seement bee arcotM[to_trye OalanGC,of pe Tieenevnng or?f Arcco tcJia same r Moeu?rave 30 unt you question. Special Rule For Credit Card Purchases we own 8 ? N e, rL- I b. ar? culatesdybon tie ?-- ioied-? rs?dw "Ne.[.Batan? m w?. ?exc wnn?uybc ? Dces not apply to conswner non-credit card accaw t?ia?dmay. m;?r ?ofa ou Cloge ?r?rn?ccount. ou can to cl se separate cal=l' w acwtmt by cal mK Dw Customer au '/. Does not apply to business non-credit card accoun -.0 IT- a e ifs any our i VERIFICATION CAPITAL ONE BANK vs NEIBERT, SMITH E 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, CORTNEY CHERRY, 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. Dud ylurner Notary Public, Deka!b County, Georgia My Commission Expires January 19, 2009 4862362426846120 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. f -3 ? O ?T -G 1 e SHERIFF'S RETURN - REGULAR CASE NO: 2007-01661 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS NEIBERT SMITH E TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon NEIBERT SMITH E the DEFENDANT , at 2148:00 HOURS, on the 27th day of March , 2007 at 9 PINE HILL AVE MECHANICSBURG, PA 17050 SHARON NEIBERT, WIFE 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 9.60 Postage .39 Surcharge 10.00 .00 ,q)bQ10-1 of-1- 37.99 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 03/28/2007 WELTMAN WEINBERG REIS By De t Sheri f A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff VS. SMITH E NEIBERT Defendant No. 07-1661 PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C. WARMBRODT, ESQUIRE PA I.D.#42524 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05615092 Judgment Amount $ 2081.55 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. Civil Action No. 07-1661 SMITH E NEIBERT Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, SMITH E NEIBERT above named, in the default of an Answer, in the amount of $2081.55 computed as follows: Amount claimed in Complaint $1955.97 Interest from FEBRUARY 28, 2007 TO JUNE 5, 2007 at the legal interest rate of 25.9% per annum $125.58 TOTAL $2081.55 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: JAMES C. RMBRODT, ESQUIRE PA LD.#4 2 Weltman a nberg & Reis Co., L.P.A. 2718 K pers ldg. 436 Se enth venue Pittsb rgh, PA 15219 (412 434-7 55 W #05 15092 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Build n /436 7t' Avenue, Pittsburgh, PA 15219 AVE, MECHANICSBURG,PA 17050 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff SMITH E NEIBERT De f e-ndant (s ) IMPORTANT NOTICE TO: SMITH E NEIBERT 9 PINE HILL AVE MECHANICSBURG,PA 17050 rr Date of Notice: WWR.# : 5615092 Case # ?? ??? i YOU ARF, 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 Mr `Y ?-sE EN'T'ERED 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 KITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU Tv:-TH INFORMATION ABOUT AGENCIES THAT MlaY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE.OR.NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND C-01'7 'TY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARL ISTE, PA _7013 (7i249-31;.-5 B Y: PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 K.OPPERS BLDG, 436 7TH AVE. PITTSBURGH. PA ]521.9 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. SMITH E NEIBERT Case no: 07-1661 NON-MILITARY AFFIDAVIT Defendant 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, SMITH E NEIBERT is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DM DC), which states that the Defendant, SMITH E NEI BERT is not in the military service. Further Affiant sayeth naught. SWORN TO ARY This law firm is a debt collector used for that purpose. in my presence this q day ' Off' FiVNF > !a! Se,- Nr rr c. f to collect this debt for our c111ent ani any in ormarion ob?ained<will be 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-29-2007 06:54:28 ' Last Name First/Middle Begin Date Active Duty Status Service/Agency NEIBERT SMITH 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. ,A a 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 5/29/2007 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: WJXLQMTAZZ https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 5/29/2007 z F ?E F 4q.. G n x. j t? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff VS. Civil Action No. 07-1661 SMITH E NEIBERT Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order jr Judgment w?s entered against you on ? (xx) Assumpsit Judgment in the amount of $2081.55 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: PROTHONOTARY (AID-BEP{6T?f) SMITH E NEIBERT 9 PINE HILL AVE MECHANICSBURG,PA 17050 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 r` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. SMITH E NEIBERT Defendant No. 07-1661 PRAECIPE FOR SATISFACTION OF 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. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05615092 r.. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 07-1661 SMITH E NEIBERT Defendant PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. WELTMAN, WEINBERG & REIS CO., L.P.A. By: ' James C. rmbrodt PA I . D 5 4 WELTM N, EINBERG & REIS CO., L.P.A. 2718 K pp rs Building 436 S ve h Avenue Pittsb r , PA 15219 (412 4 4-7955 Sworn to and subs before me this day of October, 07 WWR #05615092 NOT^Y PUBgC v n?• - , -, ,•, .: ;-;? , nog ?.? . ?,,,?.??n c4