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HomeMy WebLinkAbout07-4001IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. ROBERT WILT COMPLAINT IN CIVIL ACTION 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 05975000 C N Pit NLC ;i, ' ~~ ;i ., ; !" '. ~; ,~! ';e ~ ~. ~~~;,. 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No ROBERT WILT 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. 'I'' LAWYER REFERRAL SERVICE !`I CUMBERLAND COUNTY BAR ASSOCIATION ~! 32 SOUTH BEDFORD STREET ~,~~~ CARLISLE, PA 17013 ~~j, ; (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: i. I' ;~i ROBERT WILT ~i~ !! 6 0 8 N 3RD S T ~~~!,~~, LEMOYNE, PA 17043 3. Defendant applied for and received a credit card bearing the account number 4121741641033605 . 4. Defendant made use of said credit card and has a current balance due of $3313.74 as of June 11, 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 June 11, 2007 A copy of Plaintiff's STATMENT is attached hereto, marked as Exhibit "1" and made a part hereof. ~,I, { :',' I d~i6 i + 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 ROBERT WILT INDIVIDUALLY in the amount of $3313.74 with continuing interest thereon at the rate of 25.9000 per annum from June 11, 2007 plus costs. This law firm is a debt collector at our client and any information obta' James Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 eve th Avenue, Suite 2718 Pitt bur h, PA 15219 (41 ) 43 -7955 F 41 -338-7130 05 750 0 C N Pit NLC em ing to collect this debt for ne will be used for that purpose. peoplepc~M online ~ Abetter way to Internet. I Surf up to 5x fasi~erl~ ~ FREE Accelerator for tlra first 72 morrfhst-a 160 vakrel i -888-587-9669 ~ Mention Offer Code: DIAMOND Or visit www.peoplepc.com/go/diamond Capital iQ~° Account S Previous Balance =2,769.98 Payments, Credits and Adjustments 5.00 Transactions =35.00 Finance Chazges {67.21 New Balance (2,872.19 Minimum Amount Due =2,872.19 Payment Due Date February 07, 2006 Total Credit Line (2,000 Total Available Credit E.00 Credit Line for Cash E2,000 Available Credit for Cash 5.00 At your service To n8 Customs Relations or to report n lost or stolen ord: 1-800-903-3637 Send payments to: Send inquiries to: Attn: Remittance Pmcessmg Capital One Bank Capiml One P.O. Box 790216 P.O. Box 30285 St. Louis, MO 63179-0216 SLC, 17'r 84130-0285 PLATINUM VISA ACCOUNT 412]-74]6-4103-3605 UNLIMITED INTERNET ACCESS PeoplePC Online offers the features you would expect from higher-priced Internet Service Providers, including: ® VrUS Protection powered by SymantecT" ® Pop-Up Blockert"' Spam Controls ~ Smarter Smart Dialer Technology ~ ~ More Email Addresses ®~ Internet Call Waiting DEC 08, 2005 -JAN 07, 2006 Page 1 of 1 Payments, Credits and Adjustments Transactions 1 07 JAN PAST DUE FEE 535.00 This account's Non-Introductory Rates as of 12/20/05 aze: purchase A.P.R = 18.51%V, cash advance A.P.R =18.51%V and speaal transfer A.P.R = 2.99%. If the AP.R is followed by "V,' then your corresponding A.P.R is a vaziable raze. You were assessed a past due fee of 535.00 on 01/07/2006 because your min'vnum payment was not received by the due date of 01/07/2006. To avoid this fee in the future, we recommend that yrou allow at least 7 business days for your payment to reach Capital One. EXHIBIT \~~ fl 1"mantt C1laigeS Pleare.ree rnxrJeJide for important information m Bd rr.atr Pervdu Co..rspondasg ~.~CE gep!rrdto satr APR GE iu'--, PURCHASES 12,701.91 .077379sP 26.24% (64.80 CASH 5300.45 .0773791 P 28.24% 12.41 ANNUAL PERCENTAGE RATE applied this period 28.2496 • PLEASE RETURN PORTION BELOW WITH PAYMENT ~~a 0000000 0 4121741641033605 07 2872190100002872199 New Balance 12,872.19 Minimum Amount Due 12,672.19 Payment Due Date February 07, 2006 Total enclosed f Aaourtt Number. 4121-7416-4103-3605 Capital One Bank P.O. Box 790216 ~s~u~~~uus~~s~u~s~ St. Louis, MO 63179-0216 ~s~~uu~~nss~~~ru~~r~n~~uus~s~ur~~s~~nur~~r~~u~n~s~ P/eareprnrtmailindaddrarondae-muildamsdrsbe! ~ringblsuabbrfiak So-eet Apt t Ciry Sate ZIP Home Plnae Alrecnare PMne ~ #9000879164476119# MAIL ID NUMBER ROBERT WILT .n ~ 606 N 3RD ST ~; ~ LEMOYNE PA 17043-1009 ~ ~ ° ~ ~ur~~~us~~~uu~u~u~~uu~~~~nr~~ur~s~u~~ns~n~9~us~~ Pleare unite your acmunt number an your check or monry order made payable to Capital One Bank and mail in the endaed envelope. r VERIFICATION CAPITAL ONE BANK vs WILT, ROBERT 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, MARITZA ROBERTS, Authorized Agent, of CAPTTAL 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. ~6+:~ ~- MARITZA ROBERTS ~' Notary Public ~t~'~o~,A ~l'r~Vl+~ ~ ~d~.'F~g' ~Q(l~ii j"yy v~L~ 2~ ~r~, 201 ~ _~ 4121741641033605 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. -~ fJ ~~. ~ ~' I _ N 4 ~~ `_~ C~ r~- -r: i=p C. ~a ~? ~._ C.. f" " N GwJ .i^" C'7"1 O '1'1 i' t7 "1 1'} {c~ -' Yp i"tl :.Ar. SHERIFF'S RETURN - REGULAR CASE NO: 2007-04001 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS WILT ROBERT MEGAN HARLOW Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WILT ROBERT DEFENDANT the at 1814:00 HOURS, on the 11th day of July 2007 at 608 N 3RD STREET LEMOYNE, PA 17043 ROBERT WILT 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 18.00 Service 15.36 Affidavit .00 Surcharge 10.00 00 ~)13fD7 ~ 4 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 07/12/2007 WELTMAN WEINBERG REIS By ' /~ ~~ ,- ~- Depu y heriff of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. ROBERT WILT Defendant No. 07-4001 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 W WR#05975000 Judgment Amount $ 3315.46 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. ROBERT WELT Defendant TO THE PROTHONOTARY: Civil Action No. 07-4001 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, ROBERT WILT above named, in the default of an Answer, in the amount of $331.5.46 computed as follows: Amount claimed in Complaint $3093.74 Interest from JUNE 11, 2007 TO SEPTEMBER 20, 2007 at the legal interest rate of 25.900% per annum $221.72 TOTAL $3315.46 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: WILLIAM T. M CZAN, ESQUIRE PA LD.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05975000 Plaintiffls address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`~' Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 608 N 3RD ST LEMOYNE,PA 17043 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff ROBERT WILT Defendant(s) IMPORTANT NOTICE TO: ROBERT WILT 608 N 3RD ST LEMOYNE,PA 17043 Date of Notice : G~'~l~ ~~~ WWR$# : 05975000 Case # -~'j{/~~ 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. PTTT~RTTR('~N. PA l ~,~1 9 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. ROBERT WILT Defendant Case no: 07-4001 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, ROBERT WILT 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, ROBERT WILT is not in the military service. Further Affiant sayeth naught. AFFIANT SW N O AND SUBSCRIBED in my presence this/day f-_~ _~_ , t NOTARY PUBLIC ~ ~~'-'''' -.s--- - - .., ... rf .,r.•. ,.:j.~.... ; 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 SEP-20-2007 12:14:39 Last Name First/Middle Begin Date Active Duty Status Service/Agency WILT 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: _htt~_//www.defenselink.mil/faa~is/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 9/20/2007 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:OIHSAVREPJ https://www.dmdc.osd.millscra/owa/scra.prc_Select 9/20/2007 ~1 '••`~ L ~~ . G"J P ~ a b ~ © ~ ,-~ ~ ~' ~ L ~ :< '~ -~i u: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. ROBERT WILT Defendant Civil Action No. 07-4001 CIVIL TERM NOTICE OF JUDGMENT OR ORDER TO: ( )Plaintiff (xx) Defendant ( )Garnishee You are hereby notified that the following Order or ud ment was entered against you on D`7 (xx) Assumpsit Judgment in the amount of $3315.46 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~ l_l~.~~ ~ ~ paC(3 PROM' ONOTARY (OR DEPU ) ROBERT WILT 608 N 3RD ST LEMOYNE,PA 17043 Plaintiff s address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 43b 7`h Avenue, Pittsburgh, PA 15219 1-888-434-0085 f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. ROBERT WILT No. 07-4001-CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT Defendant(s) 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. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7999 WWR#5975000 REA J IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 07-4001-CIVIL TERM ROBERT WILT Defendant(s) PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. W~ PA I.D. # 42 WELTMA t, Esquire & REIS CO., L.P.A. 1400 Kop r uilding 436 Seve t Avenue Pittsbur A 15219 (412) 43 -7999 WWR #5975000 Sworn to and subscribed before me this a~_ day of A ust, 09 r ARY PU C COMMONWEALT OF PENNSYLVANIA NotadM Sssl Wayne A. Jong, Noary Pubge ~y a co„nIy My Commiabn J~a+s 20, 2010 Member, Pennsylvania o~ rlea ~ ;.: t~'~~~i+v:i'' L~!.i ~ s ~ 8, oo P ~ aT~'1 ~,-~ 841~3R~ f~~ a3o~`18