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HomeMy WebLinkAbout07-5215IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: 01- 5a~5 l~iVil ~tr~+ vs. WILLIAM J RIORDAN 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 05528235 C N Pit SGM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs • C.~vi1 Action No o~ 6'.75 e~ "~.~. WILLIAM J RIORDAN 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 ~QMFLATAiT 1, Plaint~,ff, CAPITAL QNE RANK is a c©rporatiQn with offices at 140 EAST SHARE DR GLEN ~1I+LEN VA 2 3 0 5 9 ~ . Defendant is ae~ult indivielual (s) residing at the address listed below: Wl:LL1AM ~' R~ORDAN 345 WTLLQW CREED AVE CAMP HILL, PA 3.7Q~.1 3. Defendant applied for and received a credit caxd bearing the account number 529149214898056 . 4. Defendant ms.de use of said credit aaxs~ and has a current balance due of $1480.51 , as of December 11, 2006 , 5. Defendant is in default by fa~a~ling to make monthly payments when clue. As such, the entire balance is immediately dui and payable to Plaintiff . 6. P~.aintiff is er~titlec~ to the addition e~f a.z~terest at the rate e~f X5.90©~ per annum on the unpaid balance fxom December 11, 2Q06 A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1" and made a part hereof. c 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 J RIORDAN INDIVIDUALLY in the amount of $14080.51 with continuing interest thereon at the rate of 25.900 per annum from Decem}aer ].1, 2006 plus costs. Jamey axmbrodt,42524 WELT , INBERG & REIS CO., L.P.A. 436 S ven Avenue, Suite 2718 Pitt burg PA 15219 (412 43 -7955 FAX 412 338-7130 055 823 C N Pit SGM This law firm is a debt collector atte pt'ng to collect this debt for our client and any information obtains ill be used for that purpose. a ~ '. Your account is deli nq uent. ~ to make a paymendit with us, you need We VKCInt tv help! --~ we can help-but only if you call us. --3 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. t GU us! ' \~ Z~ ~. ~~~ ~' 1-800-479-7231 ~.>~ Cta/Q~• Acwatt Suurnay ~~ 59,170.93 Payma4, cram and Adjunmmb seeo.oo T 5994.00 ~~00 5204.54 ~' ~~ 59,439.50 Mheaaua Aeitant Due 59.439.30 ~t Due Dee July 19, 2000 ToW Crodit Lice S7,SOD TaW AvileNsCred:t x00 Credit Liw far Cash 5975 AvailabbCredit for Cash A00 At your savias To tallCtnbmdtdauanarto tapor• hnlasblswd: 1-800-903-3637 CA~p.RpaB CSat~3ngpuuieri5elo: P.0 Bai3147v~ P.8 Bot~B3015~~ rtidurtaod~+A232T6 RicJlmoodyA23285-5015 I Finance Chape Plarasaevaesidefotimportappttpp®~~fo~~radoe Bel~eaee Paiodie Caasaeoediea C1tAR(i~E 8,39 rata AlP7Rt „ ~CHfiASES 5906.92 .070%% 23.90% 5 9.95 ANNUAL PERCENTAGE RATE applied this period 23.90% • PLEASE REIVRN PORTION BELOW WITH PAYMENT. ~~ 0000000 0 5291492154898056 19 9939500880009439507 NeA' Bahtttro 59.439 SO JaLtttnttm A>sorM Due 59439 SO PaYmnt Due Date JuIY 19, 2003 Total eodasad 5 Aeoo~ Number: 1291-4921-3489.8036 PLATWUM MASTERCARD ACCOUNT MAV 20 -JUN 19, 2003 3291.4921-5489-8056 Pap 1 of 1 Paymmb, Cradib aed Adjustmmy l 30 MAY DIRECT DEBif PAYMENT ~.~ Tramur•AOea 2 20 MAV OVERLD~D7' FBE ~.~ 3 30 MAY RETURNED CHECK 880.00 4 19 JUN PAST DUE FEE 35.00 Cau 9 odRiao 6uupy Ivda impiroa uaiaoT ICs mepited CWitd One ad AmaiaCs Setaod H+t'ast. air aotntryY IaSaatdommtic htrt8er-relief ohaity, to 6dM an ardiue Rtod drira Oe Itaa S, 2003, Netiand HuOpr AwarmaaDy, aed Jues, Y~~>telP feed huapy ehildrm and thdr fsoe6aebyauppottiuj the aulms food drivsat wtvw.aeoaudltarvartor5. You was maseda peel dus Geof 133.00 m ON19l2003 baaauaeyaureiiuimt® prymemwaoa reoeivedby the due die of ON19/2003. To avaidthia faeiu the . we raoommmd the you allows lent 7 budeaadaysfarywrpayrnemb radt Capita Oea. p~P~~lm/ddre~dros~mei~elowir~lurxbladmlc ~Y Stagy Z'~ Homihaoe , rmeaaaras M9017109812159982N NAIL ID NUMBER Capital One Bank ,~ WILLIAM J RIORDAN P.O. Box 85197 6lululrlllutllu,l m a~ 345 WILLOW CREEK AVE Richmond, VA 23276 ~ ! PITTSBURG PA 17011 Ittlrltrlitrrlrllrrrlrllrrlirttllttrtltrrllr,tlirtriltrtlir~ri ~ ~ MenswriNywaoomaettunbaatyavmedamoeeytadau,.depay.6lewcapiul oaeBeotaud mrl in tlwandoaebvdopa r -. O zooz Capital One Services, Inc. Capital One is a Federally registered service mark All rights reserved. 'i'i e. tC to 2 At •, i - 1 g I ` c ~ b. ~'+ P 66285P 3.A L A 9. G 4. 01 Impottaot Notice: Yaa payment wat be uedieed b your aaamt as of ~ dse we rooeive it. Provided you letd tl!s 6ogotu portion of Ihie ateNmmt eod your Berk in the eodaaed reod0aoee mvaiope, and your payment u rooeivsd ®our prey moor by 3 p.m Paymeob addtaued boa Yvaiaia a peapa ptoaaog aMa anst be reosvod an a 6terieaa day by 3:00 p.m Ef. Payment addresed b our Waehbyroe Pt~i teals ems 6e eeaived a a 6uemms day by 3:00 p.m PT. Phree allow at lent Rve (S) bmmgs days far posal delivery. Payments reawed by m s eey atleer baeiea a ie aoolhs fain mry ua be ue&led tlra seine dry we naive ffiam par bueioan d~ se MAN Selmday, eadndioa holidays. Piwa do na uee shples. vapor dips, ete. when peapsioa yom peymmt VERIFICATION CAPTTAL ONE BANK vs RIORDAN, WILLIAM 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, PlaintiffHerein, 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 lmowledge, information and belief. i~ ~~ ~--- Notary Public 'uY f "/IAU~1h~ F'~(lp-R~ e1.111~ 71111 MAISHA DAMS 5291492154898056 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. ~ ;a, ~ ~ 04 ~ r..a a ~ -_ ~ ~ ,~ ~~ tll v ~ r.T ~ ~ -r ~ } ,. ~ -< SHERIFF'S RETURN - REGULAR CASE N0: 2007-05215 P COMMONWEALTH OF PENNSYLVANIA N COUNTY OF CUMBERLAND CAPITAL ONE BANK VS RIORDAN WILLIAM J SGT. JODY SMITH Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RIORDAN WILLIAM J the DEFENDANT at 0932:00 HOURS, on the 14th day of September, 2007 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 WILLIAM RIORDAN 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 g~~~o ~ ~ ~ Sworn and Subscibed to before me this So Answers: 18.00 //. .00 10.00 R. Thomas Kline .00 42.40 09/14/2007 WELTMAN WEINBERG REIS BY : Ja.... day Depu Sheriff of A.D. a( VS. Y i ,., /~ ,/ 1 _T_ `~ . In the Court of Common Pleas of Cumberland County, Pennsylvania No. ~ ~ "' ~ ~ ~ J.~- Civil. 19 ~ ~ ~ To Prothonotary 19 '~c'~ ~.3 ~ .Z. ° ° ~~ Attorney for Plaintiff-- ~~~,~t ~'? No. © ""~ ' Term~.19 ..-, Caro i~`Q ~ ~~e ~~ ^, . =:.- ~ PRAECIPE ~, .. c - . ._ . .Filed 19.. - -~'_ • - .. Atty. - j ~ .,_. j _ ~ /'t tli~ld~~1,SNP~~d ~, ~ :~ ~a E i naN ~aat ~~~~ - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. WILLIAM J RIORDAN Defendant No. 07-5215 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#05528235 Judgment Amount $ 17307.28 THIS LAW F1R1VI 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. 07-5215 CIVIL TERM WILLIAM J RIORDAN Defendant TO THE PRO"hHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, WILLIAM J RIORDAN above named, in the default of an Answer, in the amount of $17307.28 computed as follows: Amount claimed in Complaint $14080.51 Interest from DECEMBER 11, 2006 TO OCTOBER 30, 2007 at the legal. interest rate of 25.9% per annum $3226.77 TOTAL $17307.28 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: G~~j WILLIAM T. M(4'1,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#05528235 Plaintiff s address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 345 WILLOW CREEK AVE, CAMP HILL,PA 1.701.1. IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Case no: 07-5215 CIVIL TERM Plaintiff vs. WILLIAM J RIQRDAN 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.. Af6ant further states that based upon investigation. it is the affiant's belief that the Defendant, WILLIAM 1 R10RDAN 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, W[LL1AM J RIORDAN is not in the military service. Further Affiant sayeth naught. ~ } /y ~, AFFIANT SWC~Ij[~~~1~Y~nUBSCRI.~E~~n my presence this ~ day .,..,, 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. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Case #~~ -Ja 15 Cr ~!~ ?N?vrt WILLIAM J RIORDAN Defendant(s) IMPORTANT NOTICE TO: WILLIAM J RIORDAN 345 WILLOW CREEK AVE CAMP HILL,PA 17011 Date of Notice : ~ ~ - ~ ` ! 0 WWR#: 05528235 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 : Q Z4,C,cnL~ /G'1G?/LtG~f ~~C.V(.~~/L~- PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 Request for Military Status ' ,Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 OCT-30-2007 05:21:29 " Last Name First/Middle Begin Date Active Duty Status Service/Agency RIORDAN WILLIAM 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: http://www.defenselink.mi /faq/pis/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 10/30/2007 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: BDGZKJGOECW https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 10/30/2007 ~ C? O ~~ Q rTSft, ~~_ W p ~ ~: 8 ~° ~ W .m s~; ~ ~ ~ ~ ~~ ~ 1 ~ .;.~ N r:3 ..J G? ~~j 4! N ~-a l ~~~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. Civil Action No. 07-5215 CIVIL TERM WILLIAM J RIORDAN Defendant NOTICE OF JUDGMENT OR ORDER TO: ( )Plaintiff (xx) Defendant ( )Garnishee You are hereby notified that the following Order or Jud ment was entered against you on (xx) Assumpsit Judgment in the amount of $17307.28 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~. PRO H NOTARY (OR DEPUT ~K WILLIAM J RIORDAN 345 WILLOW CREEK AVE CAMP HII,L,PA 17011 Plaintiff s address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7~' Avenue, Pittsburgh, PA 15219 1-888-434-0085