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Home My WebLink About07-5526 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. STEVEN M BORING Defendant No. _55,9j .0 0, iv i I 1"erw? COMPLAINT IN CIVIL ACTION 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. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 1.5219 (412) 434-7955 WWR No. 05857863 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. STEVEN M BORING Defendant 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 CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-31664 WWR No. 05857863 COMPLAINT 1. Plaintiff is a corporation with offices at 6851 Jericho Turnpike # 190 Syosset, Ny 11791. 2. Defendant is adult individuals (s) residing at the address listed below: Steven M Boring 1001 Rupley Rd Apt 206 Camp Hill,Pa 17011 . 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 4862361772701509. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of September 5, 2007, in the amount of $4,417.13. 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 is entitled to the addition of interest at the rate of 25.900% per annum on the unpaid balance from September 5, 2007. A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1" and made a part hereof. WWR No. 05857863 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 part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, Steven M Boring individually, in the amount of $4,417.13 with continuing finance charges thereon at the rate of 25.900% per annum. from September 5, 2007 plus costs. WELTMAN, WEINBERG & REIS, CO., L.P.A. James C. W brodt, Esquire PA I.D. #42 24 WELTM INBERG & REIS CO., L.P.A. 2718 Ko ers uilding 436 Sev nth enue (412) A34-7955 15219 WWR No. 05857863 v r---------------------- 1 r r r 1 Show Mom your love ! Special savings for Capital Ones Cardholders! 0 * on your next purchase when 10 you use Promotion Code CAP66 a ve (Sae ru wm for details) Save this code! Offer good all year long! Remember: Mother's Day is Sunday, May 14'11 t PLATINUM VISA ACCOUNT 4862-3617-7270-1509 STEVEN M BORING 1-80/- eM con. Call 1-800-FLOWERS- (1-800-356-9377) or Click www.1800flowers.com today! Your florist of choice. L----------------------------------------------- C-AA~C e. Account S Previous Balance 52,203.58 Payments, Credits and Adjustments $.00 Transarsious 535.00 Finance Chum $48.99 New Balance Minimum Amount Due 52,287.57 $2 287 57 You was ammsed a Past due fee of $35.00 on 04/2712004 be®ne Yminimwo r Payment woe not received by the due date of 04/27/2004 T Payment Due Date , . May 27 2004 . o avoid this fee in the finure, we recommend that you allow at least 7 business da f , ys or your payment to each Capital One. Total Credit Line $1 500 Tonal Available credit , $.00 Credit Litz for Cash $1,500 Available Credit for Cash $.00 At your service T. nB Qrtome Rdaaip or to report a lost a swan aa. 1-800-903-3637 For free online aocq,nr -v and rp-d automes offess, log on to: -c pibbneaom Send p-r.-b to: Send inquiries to: Attn: Rmnitbnce Proeeming Ca0w One Sewim Capita One Sts ire P.O. Baz 85147 P.O. Boa 85015 Richmond, VA 23276 Rkhramd, VA 23285-5015 003 r r 1 r r t 1 _J MAR 28 - APR 27, 2004 Page I of 1 Payments, Credits and Adjustments Transactions 27 APR PAST DUE FEE $35.00 Finance Charges PkaKJK t[rA1IJ[J!d[?I1"T-"^^, 10 11 .pPlirlm p?C E rats APR g CASH PURCHASES s1XI47 5973 72 25.90% 827.S7 07090A . . 25.90% 521.42 ANNUAL PERCENTAGE RATE applied this eriod p 25.90% ? PLEASE RETURN PORTION BELOW WITH PAYMENT a 0000000 0 4862361772701509 27 2287570040002287576 New Balance 87 57 P&-P-aaailesrdha mrl'wr+aaile6agrrdrbwara d R. w M.4 irL Minimum Amotmt Due 57 Payment Dux Date May 27, 2004 srrcet Apv s Total enclosed s ty S- ZIP 5 Aocomt Numbs Home Phone Alternm Phone 4862-3617-7270-1509 BmaAadr?r Capital One Bank 49011916516330342# MAIL ID NUMBER STEVEN M BORING P.O. Box 85147 III III II I I r r n m t o u t ? ? 155 ASHFORD DR R Richmond, VA 23276 ENOLA PA 17025-2302 Itt11111tIrlrlrIllr111NttI1latllrlr111/rllr1t16,rllltrltrrll ? IrraIIIr1r111rIrr1111tI.I.r1111rrHall.rrrr111111111111/1/x111 Pleas[ t-toy" =ft nt mrmber on yoly drat w money orda madefayabk t[ Qtital One Banat and snail in the enrkmie, x4m VERIFICATION The undersigned does hereby verify subject to the pen ties of 18 PA. C.S. 4904 relating I 4 ho to unworn falsifications to authorities, that he/she is a' 1 1 (NAME) of "laintiff 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. (SIGNATURE) WWR# a ? o V r r- 00 00 -„yam' N -`"-? SHERIFF'S RETURN - REGULAR CASE NO: 2007-05526 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS BORING STEVEN M KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BORING STEVEN M the DEFENDANT , at 1940:00 HOURS, on the 26th day of September, 2007 at 1001 RUPLEY ROAD APT 206 CAMP HILL, PA 17011 by handing to 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 18.00 Service ? 14.40 Affidavit .00 Surcharge 10.00 .00 42.40 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 09/27/2007 WELTMAN WEINBERG REIS By. A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. STEVEN M BORING Defendant No. 07-5526-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#05857863 Judgment Amount S 4,686.68 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. r ^? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 07-5526-CIVIL TERM STEVEN M BORING Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, STEVEN M BORING above named, in the default of an Answer, in the amount of $4,686.68 computed as follows: Amount claimed in Complaint $4,417.13 Interest from SEPTEMBER 5, 2007 to NOVEMBER 30, 2007 at the interest rate of 25.900% per annum $269.55 TOTAL $4,686.68 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 I.D. 4' WELT 7 436 Seve tr Pittsb gh (412) 4-" FAX- 41X Esquire I WEINBERG & REIS CO., L.P.A. enue, Suite 2718 A 15219 -338-71305 857863 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: 1001 RUPLEY RD APT 206 CAMP HILL,PA 17011 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 07-5526-CIVIL TERM STEVEN M BORING Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Orde Judgment was entered against you on r r r ae)0 7 (xx) Assumpsit Judgment in the amount of $4,686.68 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: PRO H NOTARY (°°?4"AUV-Y-) 41 STEVEN M BORING 1001 RUPLEY RD APT 206 CAMP HILL,PA 17011 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7"' Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff STEVEN M BORING Defendant(s) IMPORTANT NOTICE TO: STEVEN M BORING 1001 RUPLEY RD APT 206 CAMP HILL,PA 17011 Date of Notice: WWR# : 05857863 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE F 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 I? JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY I, 0-! J LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS I P+i! 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 Ij (717) 249-3166 BY: THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. ;1{1 2718 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 Case # 10 - ;5 to - CIVI L r O' l IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Case no: 07-5526-CIVIL TERM Plaintiff vs. STEVEN M BORING 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, STEVEN M BORING 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, STEVEN M BORING is not in the military service. Further Affiant sayeth naught. SWO O AND LSB?SRIBEDDiin? my presence this &day of COMMONWEALTH OF PENNSYLVANIA Notarial Seal NO RY PUB C Wayne A. Jones, Notary Public City Of Pittsburgh, Allegheny County My Commission Expires June 29, 2010 Member, Pennsylvania Association of Notaries 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 ID Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1. of 2 NOV-30-2007 13:01:24 +C Last Name First/Middle Begin Date Active Duty Status Service/Agency BORING STEVEN M 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. 14 A61 101 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: htttp://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.mil/scra/owa/scra.prc_Select 11/30/2007 Request for Military Status Al. Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: BKXMFXLPFJL https://www.dmdc.osd.mil/scra/owafsera.prc_Select 11/30/2007 a C1 ^a i n; L?