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Home My WebLink About07-1702 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: Q'] - 1"fQeZ, lC???,?r?'t vs WILLIAM L GRAVES COMPLAINT IN CIVIL ACTION Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Louis Brent Stevens WELTMAN, WEINBERG & REIS CO., L.P.A. 325 CHESTNUT STREET SUITE 501 PHILADELPHIA, PA 19106-2614 215-599-1500 FAX: 215-599-1505 05216180 C A Jer FUL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No WILLIAM L GRAVES 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 ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, CAPITAL ONE BANK is a corporation with offices at 6851 JERICHO TURNPIKE #190 SYOSSET , NY 11791 2. Defendant is adult individual(s) residing at the address listed below: WILLIAM L GRAVES 640 GENEVA DR #8 MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card bearing the account number 5291071643163882 . 4. Defendant made use of said credit card and has a current balance due of $2904.79 , as of March 20, 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 20.650% per annum on the unpaid balance from March 20, 2007 . A copy of Plaintiff's APPLICATION is attached hereto, marked as Exhibit "1" and made a part hereof. a 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 , WILLIAM L GRAVES , INDIVIDUALLY , in the amount of $2904.79 with continuing interest thereon at the rate of 20.650% per annum from March 20, 2007 plus costs. Louis Brent Stev s WELTMAN, WEINBERG & REIS CO., L.P.A. 325 CHESTNUT STREET SUITE 501 PHILADELPHIA, PA 19106-2614 215-599-1500 FAX: 215-599-1505 05216180 C A Jer FUL 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. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, he/she is an attorney for the Plaintiff herein; makes this Verification based upon the facts as supplied to her by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the court and the Plaintiff's Verification cannot be obtained within the time allowed for filing of this pleading, and that the facts set forth in the foregoing pleading are true and correct to the best of her knowledge, information and belief. ouis Brent vens 05216180 C A Jer FUL 0 c_- y f_ c? C) 0 n ?-n .. _ `F 71 j -C l?J WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Michael J. Dougherty, Esquire Attorney for Plaintiff(s) I.D. No. 76046 325 Chestnut Street, Suite 501 Philadelphia, PA 19106 Phone: 215.599.1500 Fax: 215.599.1505 WWR # 05216180 CAPITAL ONE BANK, CUMBERLAND County Court of Common Pleas vs. WILLIAM L GRAVES, NO. 07-1702 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, WILLIAM L GRAVES, in the default of an Answer, in the amount of $2998.46 computed as follows: Amount claimed in Complaint 2904.79 Interest from 03/20/2007 to 05/16/2007 at the legal interest rate of 20.65%per annum 93.67 TOTAL 2998.46 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with Pa.R.Civ.P. 237.1 on the dates indicated on the Notices. I certify Plaintiffs address as CAPITAL ONE BANK, c/o Weltman, Weinberg & Reis Co., LPA, 325 Chestnut Street, Suite 501 Philadelphia, Pennsylvania 19106 and that Defendant, WILLIAM L GRAVES, last known address is 640 GENEVA DR APT#8 , MECHANICSBURG,PA 17055 . Weltman, Weinberg & Reis Co., LPA By Michael J. Dougherty, Esquire IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Case no: 07-1702 CIVIL TERM vs. NON-MILITARY AFFIDAVIT WILLIAM L GRAVES Defendant The undersigned, Michael J. Dougherty, attorney for the Plaintiff, 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. That the within Affidavit is made pursuant to and in accordance with th Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. That based upon investigation it is the undersigned's belief that the Defendant, WILLIAM L GRAVES is not in the military service; and That this belief is supported by the attached certification of Mary M. Snavely-Dixon, Director of the Department of Defense - Manpower Data Center. Weltman, Weinberg & Reis Co., LPA BY. Michael J. Dougherty, Esquire This law firm is a debt collector attempting to collect this debt for our client an any information obtained will be used for that purpose. n? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff WILLIAM L GRAVES Defendant(s) IMPORTANT NOTICE TO: WILLIAM L GRAVES 640 GENEVA DR #8 MECHANICSBURG, P,Aii 17055 Date of Notice: 061000-7 WWR#: 05216180 -T-1 Case # V 7-1 7o2 CIv,1 1 e I- r-1 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. MICHAEL J. DOUGHERTY, ESQUIRE PA I.D. #76046 WELTMAN, WEINBERG & REIS CO., L.P.A. 325 CHESTNUT STREET, SUITE 501 PHILADELPHIA, PA 19106 (215) 599-1500 Request for Military Status Department of Defense Manpower Data Center IF Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 MAY-16-2007 08:49:05 < Last Name First/Middle Begin Date Active Duty Status Service/Agency GRAVES WILLIAM L 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. ANt 74 - 4"?_ 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 informati n, 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 5/16/2007 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: CDYXWNHWCV https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 5/16/2007 .O?L n.? rz? o -c?. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. WILLIAM L GRAVES NO. 07-1702 CIVIL TERM Defendant NOTICE OF JUDGMENT OR ORDER AS TO WILLIAM L GRAVES TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on UU? (x) Assumpsit Judgment in the amount of $2,998.46 plus interest and costs. () Trespass Judgment in the amount of $ plus interest and 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 WILLIAM L GRAVES , 640 GENEVA DR APT#8 MECHANICSBURG,PA 17055 By: PRO ONOT Our File No. 05216180 SHERIFF'S RETURN - REGULAR CASE NO: 2007-01702 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS GRAVES WILLIAM L 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 GRAVES WILLIAM L the DEFENDANT , at 2157:00 HOURS, on the 29th day of March , 2007 at 640 GENEVA DRIVE #8 MECHANICSBURG, PA 17055 by handing to WILLIAM L GRAVES 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 9.60 Affidavit .00 Surcharge 10.00 .00 `1'e410 `1 6?L 37.60 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 03/30/2007 WELTMAN WEINBERG REIS By. De ty Sheri f A.D. WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Michael J. Dougherty, Esquire Attorney for Plaintiff(s) I.D. No. 76046 325 Chestnut Street, Suite 501 Philadelphia, PA 19106 Phone: 215.599.1500 Fax: 215.599.1505 File # 05216180 CAPITAL ONE BANK CUMBERLAND County Couit of Common Pleas vs. WILLIAM L GRAVES NO. 07-1702 CIVIL TERM PRAECIPE TO SATISFY AS TO WILLIAM L GRAVES TO THE PROTHONOTARY: Kindly mark the judgment entered against Defendant, WILLIAM L GRAVES, as SATISFIED. WELTMAN, WEINBERG & REIS CO., L.P.A. By Mi ael J. Dou erty, Esquire Attorney for Plaintiff