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Home My WebLink About03-4254IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. KENNETH E BROWER Defendant COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 Gerianne Hannibal, Esquire PA I.D. 4466622 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR4402990722 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. KENNETH E BROWER Defendant Civil Action No. I~"' 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 COMPLAINT Plaintiff is a corporation with offices in San Ramon, CA 94583. 2. Defendant is residing at 920 N Front Street Apt 3, Lemoyne, PA 17043. 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 4121741652575718 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of November 10, 2000, in the amount of $1,480.04. A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof. 5. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that the Cardholder Agreement between the parties provides that Plaintiff is entitled to the addition of finance charges at the rate of 9.9% per annum on the unpaid balance. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges or any p'~ thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, Kenneth Brower individually, in the amount of $1,480.04 with continuing finance charges thereon at the rate of 9.9% per annum from November 10, 2000 plus costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELT~:~~i~WE RG & REIS, C., L.P.A. Willi~rrT. Moc a , q ' : ! PA I.D. #47437 Gefianne Hannibal, Esquire PA I.D. #66622 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#:02990722 CreditCOi~.~? 9.90% 0000000 0 4121741652575718 O0 1480040568011480049 EXHIBIT / '1 ImportantNotice:Your payment will be credited to your account as of the date we receive it provided you send the bottom portion of this statement and your check in the enclosed remittance envelope, and your payment is received in our processing center by 3 pm. Payments addressed to our Virginia processing center must be received on a business day by 300 p m ET Payments addressed ~o our Washington processing center must be received on a business day by 3:00 p.m. PT Pleaseallow at least five (5) business days for postal deliver,/ Payn~ents received by us at any other Iocatioo or in a~other form may no~ be credited the same day we receive them Our business days are Monday through Saturday excluding holidays Pleasedo not use staples, paper clips, otc when prepanng your payment 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 agent of (Title) Tom Milana (Nmne) Capital One (Company) , plaintiffherein, that he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are tree and correct to the best of his/her knowledge, information and beliefi WWR# SHERIFF'S RETURN CASE NO: 2003-04254 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS BROWER KENNETH E - REGULAR JASON VIORAL Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE BROWER KENNETH E DEFENDANT at 1445:00 HOURS, on the at 920 NORTH FRONT STREET APT 3 LEMOYNE, PA 17043 NORMA BROWER, WIFE a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 8th day of September, 2003 by handing to & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 39.04 Sworn and Subscribed to before me this /? ~ day of ~ ~L~ A.D. ~P4~othonot ary ' -- So Answers: R. Thomas Kline 09/09/2003 WELTMAN WEINBERG REIS By: /~ uty Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff V$, KENNETH E. BROWER Defendant No. 03-4254 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 Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02990722 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. KENNETH E BROWER Defendant Civil Action No. 03-4254 IMPORTANT NOTICE TO: Kenneth E. Brower 920 N. Front Street, Apt. 3 Lemoyne, PA 17043 Date of NoUce: '~/3 ~/~3 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 A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A, 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #02990722 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. KENNETH E. BROWER Defendant Civil Action No. 03-4254 PRAEClPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, Kenneth E. Brower, above named, in the default of an Answer, in the amount of $1,911.58 computed as follows: Amount claimed in Complaint $1,480.04 Interest from 11/10/00 to 10/21/03 at the contract interest rate of 9.9% per annum $431.54 TOTAL $1,911.58 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. WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02990722 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: 920 N. Front Street, Apt 3, Lemoyne, PA 17043 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that the parties against whom Judgment is to be entered according to the Praecipe attached are not members of the Armed Forces of the United States or any other military or non-military service covered by the Soldiers and Sailors Civil Relief Act of 1940. The undersigned further states that the information is true and correct to the best of the undersigned's knowledge and belief and upon information received from others. W. ELTMAN, WEINBERG & REIS CO., L.P.A. PA I.D. ¢~47437 WE,LTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 43t~ Seventh Avenue PittSburgh, PA 15219 (412) 434-7955 WWR#02990722 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-4254 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK Plaintiff (s) From KENNETH E. BROWER, 920 NORTH FRONT STREET, APT. 3, LEMOYNE, PA 17043 (1) You are directed to levy upon the property of the defendant (s)and to sell ; (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: MEMBERS 1sT FCU, 1711 SPRING ROAD, CARLISLE, PA 17013 PNC BANK, 105 NOBLE BLVD., CARLISLE, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $1,911.58 L.L. $.50 Interest $945.85 Atty's Comm % Due Prothy $2.25 Atty Paid $135.04 Other Costs Plaintiff Paid Date: 2.110/12 David D. Buell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: VIWELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BUILDING, 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff o3-?as4 vs. Civil Action No.+OOW4254CV KENNETH E BROWER t qaD 'N ??"?'"{3 Defendant(s) (e j1,ta.1Yvo tQ? ??3 1-1013 MEMBERS 1ST FCU 17? ( ? r, r1 V aaa 1?0 PNC BANK -ip<j yvable [lvd? 0-o?-l?sIe , b? Garnishee(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against KENNETH E BROWER , Defendant 3. against MEMBERS 1 ST FCU, PNC BANK, , Garnishee 4. Judgment Amount Less Payments/credits received Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): 3?.a? C?3F 55. Sp t? ?? 4.00 a ?? a so a135.a?{-'aa C= p av "C - ; z rrz r-q CO < D d Cs C)-r ? C rr? --i w '.; $ $1,911.58 $ $0.00 $ $945.85 $ $2,857.43 WELTMAN, WEINBERG & REIS CO., L.P.A. By: w)k' J?V?-? William T. Molczan, Esqui PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 bid Lk , sb z cyw? 1a SLW'70 ?.w- Q-7 0 9103 WWR No. 2990722 Loh -? I&Dsvc? . N. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. KENNETH E BROWER Defendant(s) MEMBERS 1 ST FCU PNC BANK Garnishee(s) No. 0000034254CV PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) 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. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 2990722 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor a+??'tr of ?td?fir?f?jtb OFFCE `i F Tr E $-'RIFF - L f CTHE ,,112 FEB 16 PM 2' 1 `U PENNSYLVAM A `CY Capital One Bank vs. Kenneth E Brower Case Number 2003-4254 SHERIFF'S RETURN OF SERVICE 02/14/2012 02:05 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 14, 2012 at 1405 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Kenneth E. Brower, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania, 17013 by handing to Amanda Moore, Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. 02/14/2012 09:05 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 14, 2012 at 0905 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Kenneth E. Brower, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 1711 Spring Road, Carlisle, Cumberland County, Pennsylvania, 17013 by handing to Laurie Shultz, Member Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on February 15, 2012 to Kenneth E. Brower at 920 N Front Street, Apartment 3, Lemoyne, PA 17043. SO ANSWERS, February 15, 2012 RON R ANDERSON, SHERIFF Noah Cline, eputy -i Count,,Suite Shp-fl, leieo SG`1. It`s. SHERIFF'S OFFICE OF CUMBERLAND COUNTY 1 R Anderson iff ,)dy S Smith Chief Deputy rig } THE AROTt O Nr Tr1f, 2012 FEB 29 AM 9: 08 CUMBERLAND u0Uiq.r y PENNSYLVANIA Richard W Stewart Solicitor Capital One Bank vs. Kenneth E Brower Case Number 2003-4254 SHERIFF'S RETURN OF SERVICE 02/14/2012 02:05 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 14, 2012 at 1405 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Kenneth E. Brower, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania, 17013 by handing to Amanda Moore, Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. 02/14/2012 09:05 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 14, 2012 at 0905 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Kenneth E. Brower, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 1711 Spring Road, Carlisle, Cumberland County, Pennsylvania, 17013 by handing to Laurie Shultz, Member Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on February 15, 2012 to Kenneth E. Brower at 920 N Front Street, Apartment 3, Lemoyne, PA 17043. 02/28/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiff's attorney. SHERIFF COST: $144.48 February 28, 2012 SO ANSWERS, RON F ANDERSON, SHERIFF C1r,? ?`s ?3i WELTMAN, WEINBERG & REIS CO., L.P.A. BY: James C Warmbrodt, Esquire Attorney for Plaintiff(s) I.D. No.42524 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 r-, File # 2990722 c e - rn =rat ar ' CAPITAL ONE BANK cchr- rT Cumberland County -<> tv Court of Common Pleas < - , vs. -n 3-4 5 KENNETH E BROWER t a '7 - N) and MEMEBERS 1 ST FCU AND PNC BANK Garnishee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), MEMEBERS 1 ST FCU AND PNC BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By James C)yarmbrodt, Esquire Attoney or Plaintiff I hereby certify that the foregoing is a true and correct statement of This statement is made subject to the Penalties of 18 Pa.C.S case. to unsworn falsifications to authorities. 49.5a Pp ATT l e-# ro3n7g(0 24t af718'71