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HomeMy WebLinkAbout07-2883IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. KATHRYN M LOWRY Defendant ~_~"( 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 05621185 C N Pit SJS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No KATHRYN M LOWRY 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 140 EAST SHORE DR GLEN ALLEN VA 23059 . 2. Defendant is adult individual(s) residing at the address listed below: KATHRYN M LOWRY 124 W PORTLAND ST APT 28 MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card bearing the account number 5291151743747709 4. Defendant made use of said credit card and has a current balance due of $4970.89 as of April 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 23.400% per annum on the unpaid balance from April 09, 2007 A copy of Plaintiff's statement 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 KATHRYN M LOWRY individually in the amount of $4970.89 with continuing interest thereon at the rate of 23.4000 per annum from April 09, 2007 plus costs. James rmbrodt,42524 WELT W INBERG & REI5 CO., L.P.A. 436 Se ent Avenue, Suite 2718 Pitts~iurgh PA 15219 (412);`' 434- 955 FAX:.t412- 38-7130 0562'1185 N Pit SJS This law firm is a debt collector atternptir~ to collect this debt for our client and any information obtained w l be used for that purpose. Capital One® Values You As A Customer! If you are unable to pay the amount due at this time, we strongly urge you to callus immediately at 1-800-955-6600. We are willing to work with you to help you out of your current financial situation and resolve the delinquency of your account. Don't further damage your credit. Your account will soon be reviewed to be charged-off as bad debt. if your account is charged-off, you will still be responsible for the debt, but it will be listed on your credit report and could prevent you from receiving credit cards, loans and even affect future employment and housing opportunities. Capital One is a federally registered service mark of Capital One Financial Corporation. All rights reserved. ©2000 Capital One Capita/Q~• GOLD MASTERCARD ACCOUNT lUL 24 - AUG 23, 2001 5291-1517-4374-7709 Page 1 of 1 Account Summary Previous Balance S2,433.07 Payments, Credits and Adjustments 5.00 Transactions $50.00 Finance Charges $49.83 New Balance 52,532.90 Minimum Amount Due 52,532.90 Payment Due Date September 22, 2001 Total Credit Line 52,000 Total AvailableCredit 5.00 Credit Line for Cash 52,000 AvailableCredit for Cash 5.00 Payrents, Credits and Adjustments Transactions DATE 1 24 ]UL PAST DUE FEE 2 24 JUL OVERLIMIT FEE Szs.oo 25.00 At your service To callCustomeRelationor to reports losmrriolercard~ I-800-9033637 Sendpaymentm: Sendinquirieta: Atm: RemittancProces sing Capitak)neServices CapitapneServices P.O.Box85147 P.O.Box85015 RichmondyA23276 Richmond'/A23285-5015 Finance Charges Pleaseseceverse;ideforimportantinformabon Balanomte Periodic Corres ding FINANCE applietb rate AP~ CHARGE PURCHASES 52,147.01 CASH 5360.08 .06411°i0 23.40% .06411 23.40% 542.67 57.16 ANNUAL PERCENTAGE RATE applied this period 23.40% 548005 • PLEASE RETURN PORTION BELOW WITH PAYMENT. ~~..~~..~~ss~~~~ ~'~'"`"'~1Ze~ 0000000 0 5291151743797709 23 2532900250002532905 New Balance 52.532.90 Minimum Amount Due 52.532.90 Payment Due Dale September 22, 2001 Total enclosed S ~_~ Capital One Bank P.O- Box 85197 Richmond, VA 23276 ~n~r~u~~ui~i~~m~r~~u~~ut~~ut~~ui~~ut~~m~~m~~ut~ Pleasprin~ddresshangdclowsinQdu®rblaclmk. SVeet Apt# City State ZIP HomiPhone Altema~one EXI~~~~' ~ KATHRYN M LOWRY ~ 855 RANGE END RD - °m ~ DILLSBURG PA 17019-9463 ° ~ui~~~ui~~~nnn~~~t~u~i~ui~n~t~~un~~u~i~u~t~t~~ui~ Pleasesvrite youraccountrumberon yourchecbrmoneyordemtadepayableto Capital One Bank and mail in theencloseinvelope. tc td. 4. 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Pleaseremem stgn correspondence. t Doesnotapply[o Wort-creditardaccoimts Doesnotapply[o businesscreditrsrds CappitplDnesupportspf'pnnaUOprivacyprotectionseenar webgn www c t oce,com. dCpanp nets f s ervic k fCapital Capr mpneta~orporau~~neserv a 2801 8 N N 5481)OS Important Notice: Your payment will be credited to your accomt as of the date we receive iy provided you send the bottom portion of this statement and your check in the enclosed rentittance envelopq and your payment is received in our processing tatter by 3 p.m. Payments addressed to our Virginia processing curter must be receved on a business day by 3:00 p.m. EC. Payments addressed to our Washington processing center must be received on a business day by 3:00 p.m. PT. Please allow at ]east five (5) business days for postal delivery. Payments received by us at any other location or in another form may not be credited the same day we receive them. Our business days are Monday through Saturday, excluding holidays. Please do not use staples, paper clips, ac. when preparing your payment. 9. UsingYourAccpwt,yyoatatdor account~nnotbe usetlmgonnechonvnhanymteme~am Ib mg transactions. ` r VERIFICATION CAPITAL ONE BANK vs LOWRY, KATHRYN M The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom 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 ofhis/her knowledge, information and belief. _~ TRACY AYLO Notary Public ~,~i~ ~ ~ ~~i ~ ~R ~ r:9~~t\.J~~ "..~1~6i 11 y~LR,L~.V ~ ~ ., ; 5291151743747709 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. ~ ~ ~ b ~ ~~ ~ C'9 --~ O z~ ~ ,_ r, -~P ~ '' ~ _ ., a tY ~ --. w - rn _.~ cn ~.,,, ..~:_ -< 0 SHERIFF'S RETURN - REGULAR CASE NO: 2007-02883 P ` COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS LOWRY KATHRYN _M 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 r.nrapv unrrur2v>\7 rn the DEFENDANT at 1457:00 HOURS, on the 23rd day of May 2007 at 124 W PORTLAND STREET MECHANICSBURG, PA 17055 KATHRYN M LOWRY APT 28 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 Service Affidavit Surcharge ~~3~10~ 18.00 19.20 .00 10.00 .00 So Answers: / 47.20 Sworn and Subscibed to before me this day of , R. Thomas Kline 05/24/2007 WELTMAN WEINBERG REIS Deputy Sheri A.D. ... ...i.. ...~. ..i. -.~. -.~ -j. .. ~. s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. KATHRYN M LOWRY Defendant No. 07-2883-CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA LD.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05621185 Judgment Amount $ 5305.51 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. 07-2883-CIVIL TERM KATHRYN M LO W RY Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, KATHRYN M LOWRY above named, in the default of an Answer, in the amount of $5305.51 computed as follows: Amount claimed in Complaint $4970.89 Interest from Apri19, 2007 to July 23, 2007 at the legal interest rate of 23.400% per annum $334.62 TOTAL $5305.51. 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. MOLCZAN, ESQUI PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05621185 Plaintiff s address is: 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: 124 W PORTLAND STREET, APT 28, MECHANICSBURG,PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff KATHRYN M LOWRY Defendant IMPORTANT NOTICE 07-2883-CIVIL TERM TO: Kathryn M Lowry 124 W Portland St Apt 28 Mechanicsburg,Pa 17055 ~ , Date of Notice: v 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE ALAWYER-O,)t G#1~~INOT AFFOR9 ONE, GO TO OR_TELEPHONE THE FOLLOWING OFFICE TO FIND. OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. Patrick Thomas Woodman,Esquire PA LD. # 34507 Weltman,Weinberg &Reis,Co. 2718 Koppers Building 436 Seventh Avenue Pittsburgh,Pa 15219 W W R #05621185 .~ IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL DIVISION CAPITAL ONE BANK, Case no: 07-2883-CNIL TERM Plaintiff vs. KATHRYN M LOWRY 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, KATHRYN M LOWRY 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, KATHRYN M LOWRY is not in the military service. Further Affiant sayeth naught. ^~~~~~~ AFFIANT SWORN T AND SUBSCRIBED in my presence thi~day of .~,~~ COMMONWEAL~'H OF PENNSYLVANIA 7 Nota+ial Seal N ARY PUBLIC +y L. Gault, N?~' ',burgh. Vii:- , ;~:r ~.~ ~ ~ ssiorr ~:x~dr~,~_ __' tis ?, Asa; 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 JiJL-27-2007 09:54:37 '~. Last Name First/Middle Begin Date Active Duty Status Service/Agency LOWRY kathryn 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. ~ -~- 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. §§ 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~is/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 7/27/2007 ,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: VCUIHYBQQB https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 7/27/2007 ~ ~ ~, ~$ °~' o ~ ~ ~ti ~ ~ d q n ~ c~ C:. ° {,~. ~-` s'-~' r,m ~ - ~ a , ,`: ~ `:. -~ "' 4r, =~ ~ ~Y ~ ' • a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. Civil Action No. 07-2883-CIVIL TERM KATHRYN M LOWRY Defendant NOTICE OF JUDGMENT OR ORDER TO: ( )Plaintiff (xx) Defendant ( )Garnishee You are hereby notified that the following Order or Jud ment was entered against you on ~ (xx) Assumpsit Judgment in the amount of $5305.51 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 (OR DEPUTY) KATHRYN M LOWRY 214 W PORTLAND STREET, APT 28 MECHANICSBURG, PA 17055 Plaintiff s address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`'' Avenue, Pittsburgh, PA 15219 1-888-434-0085