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Home My WebLink About07-3611,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. NANCY M MONTGOMERY Defendant No : Q "1 -- 3!i t ~ ( : l c~ c 1. l S'L.~) l 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 05912997 C N Pit SJS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. NANCY M MONTGOMERY 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: NANCY M MONTGOMERY 400 S YORK ST MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card bearing the account number 5291151500606460 . 4. Defendant made use of said credit card and has a current balance due of $2015.69 as of May 22, 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 May 22, 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 NANCY M MONTGOMERY INDIVIDUALLY in the amount of $2015.69 with continuing interest thereon at the rate of 25.900% per annum from May 22, 2007 plus costs. James Warmbrodt,42524 WELT EINBERG & REIS CO., L.P.A. 436 even h Avenue, Suite 2718 Pit burg PA 15219 (41 ) 43 -7955 F 41 -338-7130 05 129 C N Pit SJS This law firm is a debt collector att mp ing to collect this debt for our client and any information obtai ed will be used for that purpose. t ,. I Surf up to 5x fastert„~ ~ FREE Accelerator -'- for the stet 12 motMhst-a as0 rahtsi 1-888-587-9669 ~ Mention Offer Code: DIAMOND Or visit www.peoplepc.com/go/diamond UNLIMITED INTERNET ACCESS PeoplePC Online offers the features you would expect from higher-priced Internet Service Providers, including: ® VR1S PfOteCtlOn powered by SymantecT" ® Pop-Up Blockert"' `~j Spam Controls ~ ' Smarter Smart Dialer Technology ~ ~ More Email Addresses ®~ Internet Call Waiting CapitalQ~° Account S Previous Balance E1,407.53 Payments, Credits and Adjustmems f.00 Transactions f64.D0 Finan« Chazges E31.31 New Balance E1,502.84 Minimum Amount Due (1,502.84 Payment Due Date February 25, 2006 Total Credit Line E1,300 Total Available Credit f.00 Credit Line for Cash E1,300 Available Credit for Cash E.00 At your service To call Customs Relations or to report a lost or stolen card: 1-500-903-3637 Send paymenn to: Smd inquiries to: Attn: Remitmn« Pmessing Capital One Bank Capital One P.O. Box 790216 P.O. Box 30285 St Louis, MO 63179-0216 SLC, UT 84130-0285 ~~~~VI ^ Finance Charges Please tee scants ride jot important infwmotion m Bd tract Pmod Cwt ~dmg ~1CE m gepludm ~r APR GE m PURCHASES 5966.30 .07096% 25.90% 321.30 CASH 1455.24 .07096% 25.90% 510.01 ANNUAL PERCENTAGE RATE applied this period 25.90% • PLEASE RETURN PORTION BELOW WITH PAYMENT Capjfia~Q~~ 0000000 0 5291151500606460 25 1502840045001502847 New Balance (1,502.84 Minvnwn Amount Due E1,502.84 Payment Due Date February 25, 2006 Total enclosed f Account Numb«: 5291-1515-0060-6460 Capital One Bank P.O. Box 790216 ~t~n~~~un~t~u~~u~ St. Louis, MO 63179-0216 ~t~~uu~~nn~~~ut~~r~u~~nm~t~ns~~s~~unt~~s~~u~n~r~ peoplepcT" online ~ Abetter way to Internet. PLATINUM MASTERCARD ACCOUNT DEC 26, 2005 -JAN 25, 2006 5291-1515-0060-6460 Page 1 of 1 Payments, Credits and Adjustments Transactions 1 25 JAN OVERLIMIT FEE E29.00 2 25 JAN PAST DUE FEE 35.00 Your request to dose your account has been received. Your account will be dosed when it reaches a f0 balance. Until theq you will continue to receive statements and must continue to make payments. All tams and conditions of the account will apply while a balance remains. Please rememb« to cut your cards and tanal all dtarges which automatically bill to your account This account's Non-Introductory Rates as of 12/20/05 aze: purdtase A.P. R =15.9096, cash advance A.P.R = 15.9096 and special transf« A.P.R = 25.9096. If the A.P.R is followed by'V,' then your coaesponding A.P.R h a variable rate. You w«e assessed a past due fee of (35.00 on 01/25/2006 because your mini[num payment was not received by the due daze of 01/25/2006. To avoid this fee in the future, we recommend that you allow az least 7 busines days for your payment to reach Capital One. Plrarr print moiling adotiru andiw r-mad rhangu belong using b! w Mark iak Sveec Apc t Cry Surr ZIP Home Phone Alrernau Phone A Emil Address ~~ #9002631540010171# MAIL ID NUMBER ~ NANCY M MONTGOMERY m ~ 1935 N GRAND LAKE HWY ~ POSEN MI 49776-9413 ° ~ ~r~u~~t~n~ur~~ui~t~~u~r~ut~n~ur~~u~~r~~ns~ Please unite you account number on your check or money order made payable to Capital One Bank and mail in the rnclared envelope. VERIFICATION CAPITAL ONE BANK vs MONTGOMERY, NANCY M 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, MAISHA DAMS, 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. MAISHA DAMS .~ ~~ Notary Public ~~.~ L. ~tOBER`TS NOTARY FUBLIC, L?EKALB COUNTY, GA MY COMMISSION EXPIRES 4-10-2011 5291151500606460 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. , (, '~4. ~ N O -..J ~ ~~ r , :; S -'ti /~ (=1~~ ~~ ~ ~ a ,ti r ~ V/ ~~-~ ?t~- ,~ L__ C. .~ i~~ t rr f CASE NO: 2007-03611 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS MONTGOMERY NANCY M MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MnNTGnMRRY NANCY M the DEFENDANT at 2055:00 HOURS, on the 20th day of June 2007 at 400 S YORK STREET MECHANICSBURG, PA 17055 by handing to SCOTT REISINGER, BOYFRIEND, ADULT IN CHARGE 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 4/ ~ s~o~ ~" 3 7 . 6 0 Sworn and Subscibed to before me this day of , So Answers: •~~~ ref-~..~"'- _.,__,~4~°° ,.~?~~.H.~.tns~r...r:~' .~. R. Thomas Kline 06/21/2007 WELTMAN WEINBERG REIS Deputy Sherif A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. NANCY M MONTGOMERY Defendant No.: 07-3611-CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THTS 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#05912997 Judgment Amount $ 2178.75 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.. IN 1'HE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA C[VIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No.: 07-361 1-CIVIL TERM NANCY M MONTGOMERY Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, NANCY M MONTGOMERY above named, in the default of an Answer, in the amount of $2178.75 computed as follows: Amount claimed in Complaint $201.5.69 Interest from MAY 22, 2007 TO SEPTEMBER 13, 2007 at the legal interest rate of 25.900% per annum $163.06 TOTAL $2178.75 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. ;f By: WILLIA . MOLC N, ESQUIRE PA LD.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#05912997 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: 400 S YORK ST MECHANICSBURG,PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY', PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK I ,/ Plaintiff Case # ®~ "- { ~~ I~~~ ~~~~ NANCY M MONTGOMERY Defendant(s) IMPORTANT NOTICE TO: NANCY M MONTGOMERY 400 S YORK ST MECHANICSBURG,PA 17~05n5 Date of Notice: ~5J ~~ WWR#: 05912997 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRIT'T'EN 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:: 07-361.1-CIVIL TERM: Plaintiff vs. NANCY M MONTGOMERY 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. Affian 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, NANCY M MONTGOMERY 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, NANCY M MONTGOMERY is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN TO AND SUBSCRIB~iEyD inn my presence this _ day R UBLIC ~ (~"C :~u;~a,F~~ k ~, ,.. ~.+~.~.. 9 .. ~.~iC~'1P?9r. F ,~ ~ .i~ f&cer - - ,.~t3.rE8~: This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used far 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 SEP-13-2007 07:47:26 '~. Last Name First/Middle Begin Date Active Duty Status Service/Agency MONTGOMERY 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 t:he 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 de_fenselink.mil/fa~~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 9/13/2007 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: LSCAWSTUEF https://www.dmdc.osd.mil/scralowa/scra.prc_Select 9/13/2007 C~ ~ t"7 -~n - :_: V ~ •~ ~ ~ , ., c-c~ rr' ~ ~-n ~ ~ ~ - ~~ Y 1 _ ~ p~ =r - . ~ , ~< IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONF., BANK Plaintit~ vs. Civil Action No.: 07-3611-CIVIL TERM NANCY M MONTGOMERY 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 (xx) Assumpsit Judgment in the amount of $2178.75 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (b0) 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 ONOTARY (OR DEP Y kB NANCY M MONTGOMERY 400 S YORK ST MECHAMCSBURG,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