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Home My WebLink About07-3816IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: 0~ - 3~~~ Ci U~ L ~'- " l vs. COMPLAINT IN CIVIL ACTION WILLIAM C BREHM Defendant 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 05857767 C A Pit BNT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No WILLIAM C BREHM 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 C BREHM 156 NEWVILLE RD NEWBURG, PA 17240 3. Defendant applied for and received a credit card bearing the account number 4388642061808997 . 4. Defendant made use of said credit card and has a current balance due of $2749.67 as of May 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 24.990 per annum on the unpaid balance from May 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 WILLIAM C BREHM INDIVIDUALLY in the amount of $2749.67 with continuing interest thereon at the rate of 24.9908 per annum from May 09, 2007 plus costs. ~~ - Jame C,, Warmbrodt,42524 WELT ;; WEINBERG & REIS CO., L.P.A. 436 Sev th Avenue, Suite 2718 Pi tsbu~gh, PA 15219 ( 2) 4 4-7955 F 4 2-338-7130 5857 67 C A Pit BNT This law firm is a debt collector a te~Sting to collect this debt for our client and any information obta n~ will be used for that purpose. J {'' „ ~ i 4;; , Your account is delinquent. We want to help! o5t -~ To protect your credit with us, you need to make a payment. - ~ We can help-but only if you call us. --~ When you call, you can make a free check-by-phone payment. Return your account to good standing. It's up to you to take the first step. ~~ ~~ Z~ - Call us! ' 1-800-479-7231 ®2004 Capital One Services, Inc. Capital One's a federally registered service mark. All rights reserveo. op-o4o4 ~wApI~I ~~~ GOLD VISA ACCOUNT 4388-6420-6180-8997 Account Su Previous Balance E1,463.15 Payments, Credits and Adjustments E.00 Transactions E35.00 Finance Charges E31.81 New Balance (1,549.% Min'unum Amount Due E1,549.% Payment Due Date J,dy ol, 2004 Total Credit Line E900 Total Available Credit E.00 Credit Line fa Cash E900 Available Credit for Cash E.00 At your service To oiB Customes ReLtions oc to report a lost or stolen c.rd: 1-800-903-3637 For Ece online account service and speaal uutomc offers, log on to: www.npitalonemm Send pa7tnents to: Send inquiries to: Attn: Remittance Processing Capoal One Serviexs Caporal One Saviar P.O. Box 85147 P.O. Box 85015 Richmond, VA 23276 Rocfimond,VA 2 32 65-5 0 15 ~~~~ I F`mance Charges Pkare ree reverx rade jor Important tnfmAmNatCwEn m ~ am~r perms cJ~,g ~ARGE PURCHASES 51,498.48 .06847%P 24.99% 131.81 CASH t.00 .OG84796P 24.99% 5.00 ANNUAL PERCENTAGE RATE applied this period 24.9996 • PLEASE RETURN PORTTON BELOW WTTH PAYMENT Cap~alQne~ 0000000 0 4388642061808997 01 1549960060001549969 New Balance fi,549.96 Minimum Amount Dt~ (1,549.96 Payment Due Date July Ol, 2004 Total enclosed S Account Number: 4388-6420-6180-8997 Capital One Sank P.O. Box 85147 Irlulurlilnlurllr~ Richmond, VA 23276 IatLIrtllrarLlLtllllhrllar1lLttlhrJlrarllrrdLrallrrJ MAY 02 - JUN Ol, 2004 Page 1 of 1 Payments, Credits and Adjustments Transactions 1 Ol JUN PAST DUE FEE E35.00 You were assessed a past due fee of E35.00 on 06/01/2004 because your minimum payment was not received by the due date of 06/0112004. To avoid this fee in the future, we recommend that you allow at least 7 business days for }roar payment to reach Capital One. Pleasep.inr asmlindad~-ar endae-„s.ilcMgea hl aurnd b! or bark ink Sweet Apr e Gry Snu ZIP Home Phone Alumau Phon< #9015478934845597# MAIL ID NUMBER WILLIAM C BREHM 156 NEWVILLE RD ~ ~ NEWBURG PA 17240-9379 n _ ° L.rIILItIrahlJrllllrtJJttralldrrrlldrrdJrllllrLtrll r ~~~ .~" Pkare writeyous armunt number ors your check m monry order ma& payable to Capital One Ban,( and mail in f!x mrlared enve%~e. ~ .;~~ .mot ~ yp°d6~ VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unswom falsifications to authorities, that he/she is ~~T_ (NAME) _ of 'tiff herein, that (TITLE) (COMPANY he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. (SIGN TLJRE) WWR# ~ N ~ ~ c ~ <. 1 ~.or .~ N "t7 i..) t_It ~; s 7~..r,, ~~ r` :~ (~ `~ -~G V SHERIFF'S RETURN - REGULAR CASE NO: 2007-03816 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS BREHM WILLIAM C MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE BREHM WILLIAM C the was served upon DEFENDANT at 1319:00 HOURS, on the 5th day of July 2007 at 156 NEWVILLE ROAD NEWBURG, PA 17240 by handing to WILLIAM C BREHM IV 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 19.20 Affidavit .00 Surcharge 10.00 .00 F~u q ~ 0`1 ~.. 4 7.2 0 Sworn and Subscibed to before me this day So Answers: ~.-,~!. R. Thomas Kline 07/06/2007 WELTMAN WEINBERG REIS ,~~ By: . Deputy Sheriff of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE $ANK Plaintiff vs. WILLIAM C BREHNI Defendant No. 07-3816-CIVIL TERM 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. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-71305 WWR#05857767 Judgment Amount $ 2,958.64 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. 07-3816-CIVIL TERM WILLIAM C BREHM Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, WILLIAM C BREHM above named, in the default of an Answer, in the amount of $2,958.64 computed as follows: Amount claimed in Complaint $2,749.67 Interest from May 9, 2007 to August 28, 2007 at the interest rate of 24.990% per annum $208.97 TOTAL $2,958.64 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. 2 4 WEL A , WEINBERG & REIS CO., L.P.A. 436 Se enth venue, Suite 2718 Pitts urgh, A 15219 (412 434- 955 F :4 -338-71305 W R# 5857767 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: 156 NEWVILLE RD NEWBURG,PA 17240 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff WILLIAM C BREHM De~n~an~ (sT--- IMPORTANT NOTICE TO: WILLIAM C BREHM 156 NEWVILLE RD NEWBURG, PA 17240 ~ (~, Date of Notice: ~"' ~~ WWR#: 05857767 Case # ~ " ~ V(_~I V~ L 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 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 DNISION CAPITAL ONE BANK Case no: 07-3816-CNIL TERM Plaintiff vs. WILLIAM C BREHM 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, WILLIAM C BREHM 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, WILLIAM C BREHM is not in the military service. Further Affiant sayeth naught. SWORN TO S BSC ED in my presence this may f .. .. ,~i= PENNS • , •~ ~ +a! Sea. ... __.~ TARY PUB ~ ^'~, ~-:~ .,, - _ ~;~,,,,,ti~ • ~. ~,: =:~4 _ _ _ ~.,,.tdrie~ 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-27-2007 07:52:51 ~[ Last Name First/Middle Begin Date Active Duty Status ServicelAgency BREHM WILLIAM C 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: httl?://www.defenselink.mil/faq/pis/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 8/27/2007 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: FXMBFCHDCA https:((www.dmdc.osd.millscra/owa/scra.prc_Select 8(27(24U7 -'t ~- _. ~~ ..c, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 07-3816-CIVIL TERM WILLIAM C BREHM Defendant NOTICE OF JUDGMENT OR ORDER TO: ( )Plaintiff (xx) Defendant ( )Garnishee You aze hereby notified that the following Order or Judgment was entered against you on I! d (xx) Assumpsit Judgment in the amount of $2,958.64 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: 3 PRO. NOTARY (OR DEPUT WILLIAM C BREHIvI 156 NEWVILLE RD NEWBURG,PA 17240 Plaintiff s address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7s' Avenue, Pittsburgh, PA 15219 1-888-434-0085