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HomeMy WebLinkAbout07-3701 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No. ©7 - .3~drr ~ic~~~+ ~1 vs. JEREMY J SHOTTO Defendant COMPLAINT IN CIVIL ACTION 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#05614943 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. JEREMY J SHOTTO Defendant COMPLAINT IN CIVIL ACTION 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 r a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 67= ~~o~ ~~~~"'` JEREMY J SHOTTO Defendant COMPLAINT AND NOW COMES, Plaintiff, by and through its counsel, WELTMAN, WEINBERG & REIS, CO., LPA., and hereby files this Complaint against Defendant, JEREMY J SHOTTO , and, in support thereof, Plaintiff avers as follows: 1. The Plaintiff is a corporation with its principal place of business located at P.O. Box 85147, Richmond, VA 23285. 2. Plaintiff is the owner of this account, which is the subject matter of this action. 3. Defendant is an adult individual residing at 293 SOUTHSIDE DR NEWVILLE,PA 17241 4. Defendant requested the account and made use of said account and has currently a balance due and owing to Plaintiff, as of JUNE 1, 2007, in the amount of $2,119.78. A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof. 5. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, JEREMY J SHOTTO ,individually, in the amount of $2,119.78 with finance charges thereon at the rate of 6.0% per annum from JUNE 1, 2007, plus costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. ~~~ WILLIAM T. MOLCZA~Q", 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#: 05614943 7 y 027 With Capital One® online account servicing, getting account information and Access your maWng payments is easy. Check out just a few ofthe things you can do: -~ Pay your bill online account online ... --3 Checkyour balance and available credit -•-~ View your statement Plus, take advantage of other special offers developed especially for you! Register today at www.capitalone.com. CapitalQy~• wMtY Jn your rrsllotY see reverse for details > oz7-0eoz C'apjfdI i~j~° Account Summary Previous Balance $2,477.17 Payments, Credits and Adjustments $.00 Transactions $35.00 Finance Charges $55.06 New Balance $2,567.25 Minimum Amount Due $2,567.25 Payment Due Dace July09, 2005 Total Credit Line $1,750 Total AvallableCredit $.00 Credit Line Cor Cash $1,750 AvailableCredit for Cash $.00 At your service To ca]ICustomeRelationor to reports Iostorstolen:ard: 1-800-955-7070 Sendpaymrntso: Srndinquirieb: Atm: RemittancBrocessing Caappi[alOneBank CapitapneServices P.O Box790216 P.O.Box85015 St. LouisM063179-0216 RichmondyA23285-5015 PLATINUM VISA ACCOUNT 4862-3624-0291-2656 MAY 10 - 1IJN 09, 2005 Page 1 of 1 Payments, Credits and Adjustments rransactons 1 09.T11N PAST DUE FEE $35.00 Youwere assesseda past due fee of $35.00 on 06/09/2005 becauseyourminimum payment was not receivedbythe due date of06/09/2005. To avoid this fee in the future, wettcommend that you allow at least 7 businessdays for yourpaymrnt to reach Capital One. EXHIBIT r// 1/ Finance Charges Pleaseseereverssideforimportantinfonnation Balan®te Periodic Conesponding FC AGE applietb rate AAPPRR PURCHASES S2,503.71 .07096% 25.90% 555.08 CASH 5.00 .07096% 25.90°/, 5.00 ANNUAL PERCENTAGE RATE applied [his period 25.90°/ • PLEASE RETURN PORTION BELOW WITH PAYMENT Capital~• 0000000 0 4862362402912656 09 2567250237222567253 New Balance $2,567.25 Minimwn Amount Due $2,567.25 Payment Due Date July09, 2005 Total rnclosed $ Account Number: 4662-3624-0291-2656 Pleasprinanailin®ddresetd/oe-mailhangdtelouuin~lumrblacknk. Ciry State ZIP HomPlrone Altemal#tone (t~ ess #9016185420469480# MAIL ID NUMBER Capital One Bank ~ JEREMY J SHOTTO P.O. Box 790216 i,l„I,,,III,I„ii,nl m ~ 293 SOUTHSIDE DR St. Louie, MO 63179-0216 L NEWVILLE PA 17241-8951 o ~ Itiiuulluulllntii~lui~nntltintlltliun~l~~lluiu~t~ o ~ Pleasewrite youraccounhumberon yourchecbrmoneyordrnnadepayableto Capital One Bankand mail in thernclosednvelope. 1 ~` ~ . Send us your a-mail address so we can better serve you. Even if you've already sent usyour a-mail address, please fill out the form and return it with your payment. We want to make sure our records are up to date. .....f ~ ~ .... E-mail address:~^~~^^~~~~~~~~~^^^^~~~^^~~~~~^^a~ Please prinrtitady in bkuk wblue ink four address should Include an "®`slgn and mnrrotconlvin airy blank spacer. A ".'should hme Its own span. Name: Account #: Your privacy is protected at Capital One. You can feel secure knowing your email address will never be sold or distributed without your consent. For mare information about our privacy policy, please visit http://www.capitalone.cam/parentllegal/privacy.shtml. ®22002 Capital One Services, Inc. Capital One is a federally registered service mark. All dghts reserved. N I ~~I P N i OroN ~' f ~~...~ -~ , VERIFICATION CAPITAL ONE BANK vs SHOTTO, JEREMY J 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 Dud~ey lamer Notary Public, Dekalb County, Georgia My Commission Expires January 19, 2009 4862362402912656 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. `J ~ ~ ~ .~ r- ~ ~ J - w ~ ~ ,. N ~ ~` ' ` ~ s, r_- r:.. Aa ~~ <~., _, ~_.. ~, ~r ZW-~ C C~... rt~ rt~ ---~ ,~- ;'T 1 ~~ 1~ ._ "- : 57 _~ _:,.T -'~ 0 SHERIFF'S RETURN - REGULAR CASE NO: 2007-03701 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS SHOTTO JEREMY J DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SHOTTO JEREMY J the DEFENDANT at 1649:00 HOURS, on the 29th day of June 2007 at 293 SOUTHSIDE DRIVE NEWVILLE, PA 17241 JEREMY SHOTTO by handing to 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 Service Affidavit Surcharge 8~~ajn~ q~~/ Sworn and Subscibed to before me this of So Answers: 18.0 0 =,y~"ll ~,//~ 11.5 2 " ~ ,;~ ,,,...... _ ,~,~'~~-c.~' .00 10.00 R. Thomas Kline .oo 39.52 07/02/2007 WELTMAN WEINBERG REIS By: L ~ day Depu y Sheriff A.D. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. JEREMY J SHOTTO Defendant No. 07-3701-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#5614943 Judgment Amount $ 2,147.78 THIS LAW FIRM IS ATTEMPTING TO COLLECT THI5 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. 07-3701-CIVIL TERM JEREMY J SHOTTO Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, JEREMY J SHOTTO above named, in the default of an Answer, in the amount of $2,147.78 computed as follows: Amount claimed in Complaint $2,119.78 Interest from JUNE 1, 2007 TO AUGUST 20, 2007 at the legal interest rate of 6% per annum $28.00 TOTAL $2,147.78 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. M CZAN, 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#5614943 Plaintiffs 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: 293 SOUTHSIDE DR NEWVILLE,PA 17241 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL DNISION CAPITAL ONE BANK, Plaintiff vs. JEREMY J SHOTTO Defendant Case no: 07-3701-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, JEREMY SHOTTO 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, JEREMY J SHOTTO is not in the military service. Further Affiant sayeth naught. t- ~ v/ AFFIANT SWORN TO AND SUBSCRIBED in my presence this 2~ day of ~ c'~s~ ~~ `,.._~ CONNNONWEA~TH OF PEI~t8YLVAN OT RY PUBLI //~~~'w'~ ~6,, ,a..:..~ A. Wn~, Noi~l s,:. .. ,. ' . My t:ornmission E7q~ires Jug ~. ~ 19, 20'6 Q Member, Pennsylvania Assxiation 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 Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 AUG-20-2007 09:53:57 < Last Name First/Middle Begin Date Active Duty Status Service/Agency SHOTTO JEREMY J Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon seazching 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. nay,r~ ,r~.~y_c~.. 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 caze 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 aze 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: htt~//www defenselink.mil/faa/~is/PC09SLDR.htm1 WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.miUscra/owa/scra.prc_Select 8/20/2007 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: DPTLQWSEUZ https://www.dmdc.osd.miUscra/owa/scra.prc_Select 8/20/2007 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff JEREMY J SHOTTO Defendant (s ) IMPORTANT NOTICE TO: JEREMY J SHOTTO 293 SOUTHSIDE DR NEWVILLE,PA 17241 Date of Notice : ~)'~ d WWR#: 05614943 Case # 7 ` 37 ~.~c/+~ /~/~I'~ 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 O~Z OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHTN'''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. 2716 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 ~,, ,,,,, fi: - _ r., ~ ,,,~ C7 ~ ~ V v C,> f ... .: ~ Y ` ~ ~} 1, T~ ~ A ~- ~ ~ `` C'" ~ 119 cJ'- ~ ~~+ cr -.~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. Civil Action No. 07-3701-CIVIL TERM JEREMY J SHOTTO Defendant NOTICE OF JUDGMENT OR ORDER TO: ( )Plaintiff (xx) Defendant ( )Garnishee You are hereby notified that the following Order or Jud ent was entered against you on (xx) Assumpsit Judgment in the amount of $2,147.78 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: S _QII,~ PROT NOTARY (OR DEP Y) JEREMY J SHOTTO 293 SOUTHSIDE DR NEWVILLE,PA 17241 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7~' Avenue, Pittsburgh, PA 15219 1-888-434-0085