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Home My WebLink About07-4249 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: 67- ~a~q CIVi) ~P..f"f17 vs. STACEY A CHESTNUT 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 05964791 C N Pit SJS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No STACEY A CHESTNUT 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 140 EAST SHORE DR GLEN ALLEN VA 23059 2. Defendant is adult individual(s) residing at the address listed below: STACEY A CHESTNUT 298 CHARLES ROAD MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number 4388641593517092 . 4. Defendant made use of said credit card and has a current balance due of $1833.16 as of June 21, 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 26.900°s per annum on the unpaid balance from June 21, 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 STACEY A CHESTNUT INDIVIDUALLY in the amount of $1833.16 with continuing interest thereon at the rate of 26.900 per annum from June 21, 2007 plus costs. James C.-Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 Seve th Avenue, Suite 2718 Pi tsbur h, PA 15219 ( 2) 4 4-7955 F 4 -338-7130 5964 1 C N Pit SJS This law firm is a debt collector to ting to collect this debt for our client and any information obt in will be used for that purpose. ~ peoplepcTM online u Abetter way to Internet. ~ ~ J ~~~ 'a ~ Sx fasterl,~- ~ FREE Accelerator fa tM fast 12nrontlrs+-a as0 vahrst • ~ 1-888-587-9669 Mention Offer Code: DIAMOND ~~ • a 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: ® V rus Protection powered by syRlarlteerM ® Pop-Up BlockerTM `~ Spam Controls ~ ,' Smarter Smart Dialer Technology ®~ More Email Addresses ®~ Internet Call Waiting CapitaliQy~° PLATINUM VISA ACCOUNT 4388-6415-9351-7092 Account Summary Payments, Credits and Adjustments DEC OB, 2005 -JAN 07, 2006 Page 1 of 1 Previous Balance E1,427.61 Payments, Credits and Adjustments E.00 Transactions Traasactions E35.D0 Finance Charges E34.64 1 07 JAN PAST DUE FEE E35.00 New Balance E1,497.25 This account's Non-Introductory Rates as of 12/20/05 are: psachase A.P.R = 27.74%V, cash Minimum Amount Due E1,497.25 advance A.P.R = 27.74%V and special transfer A.P.R = 27.74%V. if the A.P.R is followed Payment Due Date February 07, 2006 by'V,' then your corresponding A.P.R is a variable rate. Total Credit Line E1,000 You were assessed a past due fee of E35.00 on 01/07/2006 because your minimum payment was not Total Available Credit f.00 received by the due daze of 0 110 7/2 0 06. To avid this fee in the future, we recommend that you Credit Line for Cash 51,000 allow at least 7 business days for your payment to reach Capital One. Available Credit for Cash 5.00 At your service To nll Customs Rdari ns or to report a lort or stolen mrd: 1-800-903-3637 For free online account smim and speoal automs offas, log on to: www.mpitalonemm Send payments to: Send inquiris to: Atm: Remitwsce Protesting Capral One Bank Capital One P.O. Box 790116 P.O. Boz 30185 St Louis, MO 63179-0216 SLC, UT 84130-0285 9~ 979/ ~~ F'inanee Charges. Pleare tee reverreridejor important infornsation tO gepfvd ro r P ~ it C APR d'ng ~~1~ m a° PURCHASES E1,444.30 .07737%P 18.24% 534.64 CASH 5.00 .07737%P 28.24% 1.00 ANNUAL PERCENTAGE RATE applied this period 28.2496 • PLEASE RETURN PORTION BELOW WITH PAYMENT Capit`~IQY1ea 0000000 0 4388641593517092 07 1497250050001497257 New Balance E1,497.25 Minvnwn Amount Due 51.497.25 Payment Due Date February 07, 2006 Total enclosed s Accosmt Number. 4388-6415-9351-7092 Plrasr print wsailiag ad~u, msd w e-mail rMngrs bel sa<ing blur w bbr~E ink Sneed Apt A Cry Sram ZIP Home Phone a~rmttr ~~r 1 #9000817853087060# MAIL ID NUMBER Capital One Bank STACEY A CHESTNUT P.O. BOx 790216 ~r~u~~~nnr~~r~n~r~ e ~ 298 CHARLES ROAD St. Louis, MO 63179-0216 MECHANICSBURG PA 17050-3001 o _~ ~r~~uu~~nn~~~ui~~r~u~~uus~s~ur~~s~~unr~~r~~u~u~r~ ° I'~ ~ur~~~ur~~~nu~r~r~~uus~~r~~ur~~nuu~~~r~u~u~u~~u~ Pleare write yoso arcvnnt number on yom check or money ordn made payable to Capital One Bank and mail in the endared envelope. r VERIFICATION CAPITAL ONE BANK vs CHESTNUT, STACEY A 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 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. l/` MARITZA ROBERTS Notary~u is MYRA PRlNG~t Notary Public Gwinnett Gounty George ,v~y Commission Expires July 31st 2uu 4388641593517092 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. t':> "'' ;-; c- < ~ -Tz c~,_ -~ ~_.. ~ T mi r , r . l O ~ + ~ d '~ Y~ T}. :ca D c..., 1 SHERIFF'S RETURN - REGULAR CASE NO: 2007-04249 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS CHESTNUT STACEY A VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CHESTNUT STACEY A the DEFENDANT at 1654:00 HOURS, on the 23rd day of July 2007 at 298 CHARLES ROAD MECHANICSBURG, PA 17050 by handing to STACEY A CHESTNUT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge p~ I "1 ~ b 7 ~,,, / Sworn and Subscibed to before me this of 18.00 11.52 .00 10.00 So Answers: l.~E~ !' R. Thomas Kline 07/24/2007 WELTMAN WEINBERG REIS By ~ Gam' day eputy Sheri f A.D. a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. STACEY A CHESTNUT Defendant No. 07-4249-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#05964791 Judgment Amount $ 2,056.08 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. a 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 07-4249-CIVIL-TERM STACEY A CHESTNUT Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, STACEY A CHESTNUT above named, in the default of an Answer, in the amount of $2,056.08 computed as follows: Amount claimed in Complaint $1,833.16 Interest from JUNE 21, 2007 to DECEMBER 3, 2007 at the interest rate of 26.900% per annum $222.92 TOTAL $2,056.08 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. W PA LD. 4: WELTMf 436 Seve Pittsbu h (412) 4 4 ' FAX• 4~ Esquire JPVEINBERG & REIS CO., L.P.A. enue, Suite 2718 A 15219 2-338-71305 64791 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: 298 CHARLES ROAD MECHANICSBURG,PA 17050 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 07-4249-CIVIL-TERM STACEY A CHESTNUT Defendant NOTICE OF JUDGMENT OR ORDER TO: ( )Plaintiff (~) Defendant ( )Garnishee You are hereby notified that the following Ord or Judgment was entered against you on aao7 (xx) Assumpsit Judgment in the amount of $2,056.08 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. (~) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (~) Default ( ) Verdict ( ) Arbitration Award Prothonotary STACEY A CHESTNUT 298 CHARLES ROAD MECHANICSBURG,PA 17050 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 1.5219 1-888-434-0085 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Case #(~}- Li~~[f~-~'tU`L ( ~ ~~ STACEY A CHESTNUT Defendant (s ) IMPORTANT NOTICE TO: STACEY A CHESTNUT 298 CHARLES ROAD MECHANICSBURG,PA 17050 Date of Not ice : ~ ~ ~ ~ ~(- (~ WWR#: 05964791 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 BY : c-~in,~.c.IC. J v\.Ciw~4~ ~,~Q(~'~7~~- 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: 07-4249-CIVIL-TERM Plaintiff vs. STACEY A CHESTNUT 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, STACEY A CHESTNUT 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, STACEY A CHESTNUT is not in the military service. Further Affiant sayeth naught. SWO TO AND SU S ED in my presence this ~y of t„/~ ~ P„~J~ COMMOPMfEALTH OF PENNSYLVANIA ARY PUB Notarial Seal Wayne A. Jones, Notary Public City Ot Pittspu h, Allegheny County My Commbebn~iren June 26, 2010 Member, Penn~ylvrnie Airsocietlon of Noteriee 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. `equest for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 DEC-03-2007 06:50:46 ~ Last Name First/Middle Begin Date Active Duty Status ServicelAgency CHESTNUT STACEY A 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: httb://www.defenselink.mil/faglpis/PC09SLDR.htm1 WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scralowa/scra.prc_Select 12/3/2007 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:BAFPOKNUWSZ https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 12/3/2007 ~ ~ ~ ~~ ~ °~e~- ~ ~ ~~- ~ ~ ~, = ` ~ ~, ~„~ ~ , . a ~, ~~ , ~ ~ ~ '' `Yt ~~/ r/^ ~ i f.. ~r { wr pry.