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HomeMy WebLinkAbout07-5577«? t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. MARVELLA D HARRELL Defendant No : b7- JrJ? ? ? Lill ; I TP.nh COMPLAINT IN CIVIL ACTION 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 06010636 C N Pit KXW I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No MARVELLA D HARRELL 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: MARVELLA D HARRELL 344 LINCOLN ST , CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number 4862362593488656 . 4. Defendant made use of said credit card and has a current balance due of $7334.94 , as of August 17, 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 28.240W per annum on the unpaid balance from August 17, 2007 . A copy of Plaintiffs STATMENT 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 , MARVELLA D HARRELL , INDIVIDUALLY , in the amount of $7334.94 with continuing interest thereon at the rate of 28.240% per annum from August 17, 2007 plus costs. James armbrodt,42524 WELT EINBERG & REIS CO., L.P.A. 436 even h Avenue, Suite 2718 Pit bur , PA 15219 (41 ) 4 4-7955 F 4 -338-7130 0 10 6 C N Pit KXW This law firm is a debt collector atte*ting to collect this debt for our client and any information obtained will be used for that purpose. Your account is temporarily suspended from future charges and cash advances due to its ACCOUNT STATUS FOR: past due status. I MARVELLA D HARRELL A good credit rodng can help you vet aWlt cards. a cell phone or even a job. We can help restore your charging privileges: TEMPORARILY • Use our free Check by Phone service by calling s-8"55-66oo. SUSPENDED • Call our friendly associates for payment options at the number above. • If you have online access, log on to your account and pay now at www.capitalone.com. • If you prefer, simply use the remittance coupon below. "h°`Y'"'°"" ""' The purpose of this War is to collect a debt. Any Infomsatlon obtained will be used for #W purpose. 0 2005 Capital One Services, Inc. CapkW One is a federally registered seMCe mark AN rights reserved. 042-0806 CoitalOne- Account ttevsotss natance $5,030.59 Pa gnu Credits and Adjustments $.00 $35.00 Finance Charges $122.07 New Balance $5,187.66 Minimum Amount Due $870.00 Payment Due Date March 27, 2006 Total Credit Line $5,600 Total Ava&We Credit S.00 Credit Line for Cash $1,008 Available Credit for Cash $.00 Atyourseivice To dl Customer Realism or to report a 6»t or stoles oral 1-800-903-3637 Send Paym-b to: Sand ingaarn to Ann: Re"inana Prosn.isg Capaal One Bank Capital Oat P.O. Boa 790216 P.O. Bar 30285 St L.oais, MO 63179-0216 SM UT 84130-0285 PLATINUM VISA ACCOUNT 4862-3625-9348-8656 a, Credits and Adilrsmlena JAN 28 - FEB 27, 2006 Page 1 of 1 Tnwmctions 1 27 FEB PAST DUE FEE $35.00 As a valued Capital One customer, you are eligible to receive a free Year-End Summary, for this specific account that recalls your 2005 charges, Provided your account is in good standing and you have made transactions during the calendar yea. Plesae call 1-877-794-4487 before March 31, 2006, to reserve your copy for this account Orders will be mailed out by the end of April 2006. You were assessed a Pak due fee of $35.00 on 07127/2006 became your minimum payment was not received by the due date of 02/27/2006. To avoid this fee in the fimre, we recommend that you allow at least 7 business days for your payment to reach Capital One. EXHIBIT Frttatlce Charges P&" jar rewrresik'k isaisidate iafxrass" Bade-nag, It"' - gyy/irrla sass dFN PURCHASES 816.88 C S .07737%P 28.2416 8330 H too A SPECIAL TRANSFERS 84,94332 .07757%P 28.NM LOD .OM7%P 28.21% 8113.57 ANNUAL PERCENTAGE RATE applkd this period PLEASE RETURN PORTION BELOW WITH PAYMENT C-10~G W 0000000 0 4862362593488656 27 5187660000000870002 New Balance $5,187.66 Minimum Amount Due $87000 Payment Due Date March 27,2w6 Total enclosed $ Account Number: 4862-3625-9348-%% Pkmrpriu w-raig "- -&a;, raseiirbsaw brow aswdH. srilak wk 28.2491 suet Ape 4 aty State ZIP Hans Ph.. Alta -Phone Prod Addrm 0 an? #9005992381169485• MAIL ID NUMBER Capital One Bank MARVELLA D H RRELL P.O. Box 790216 344 LINCOLN ST St. Louis, MO 63179-0216 0 CARLISLE PA 17013-1879 1s11nu11un111ubill In11ISr11lt'IIII'1'?IIIIII'1"rllgill I Phan roittyssr sarnret mwasbaorr yowr?ark Asrosry order rssdepaynbk is Capitol One Bmef msl arai/ie the enrktrl ermt6spe. r i VERIFICATION CAPITAL ONE BANK vs HARRELL, MARVELLA D The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities, that he/she is, TRACY TAYLOR, 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. T A R Notary Public 4862362593488656 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. ICA M 0-1 ? * v w c c, ? DtA SHERIFF'S RETURN - REGULAR CASE NO: 2007-05577 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS HARRELL MARVELLA D JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HARRELL MARVELLA D DEFENDANT , at 1654:00 HOURS, on the at 344 LINCOLN STREET CARLISLE, PA 17013 MARVELLA HARRELL the 2nd day of October , 2007 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 Service Affidavit Surcharge 10J09 10 7 l OW Sworn and Subscibed to before me this of So Answers: 18.00 4.80 .00 10.00 R. Thomas Kline 32.80 10/03/2007 WELTMAN WEINBERG REIS By: day D u y Sh iff A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff VS. MARVELLA D HARRELL Defendant No. 07-5577 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#06010636 Judgment Amount $ 7953.51 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. Civil Action No. 07-5577 CIVIL TERM MARVELLA D HARR.ELL Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, MARVELLA D HARRELL above named, in the default of an Answer, in the amount of $7953.51 computed as follows: Amount claimed in Complaint $7334.94 Interest from AUGUST 17, 2007 TO DECEMBER 4, 2007 at the legal interest rate of 28.24% per annum $618.57 TOTAL $7953.51 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. MO AN, 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#06010636 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 344 LINCOLN ST CARLISLE,PA 17013 } f IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Case # ©?` 5?j?1' Civil MARVELLA D HARRELL Defendant(s) IMPORTANT NOTICE TO: MARVELLA D HARRELL 344 LINCOLN ST CARLISLE,PA 17013 Date of Notice: WWR##: 06010636 11- t co -o l 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: 'puuau'? - 5"'0-4 ttftrolullel- 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 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. Civil Action No. 07-5577 CIVIL TERM MARVELLA D HARRELL Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Or r or Judgment was entered against you on ac. t 2'!?07 (xx) Assumpsit Judgment in the amount of $7953.51 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 m _ By: PROT OTARY (O Y) MARVELLA D HARRELL 344 LINCOLN ST CARLISLE,PA 17013 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7t' Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. MARVELLA D HARRELL Defendant Case no: 07-5577 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, MARVELLA D HARRELL 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, MARVELLA D HARRELL is not in the military service. Further Affiant sayeth naught. AFFIANT SWO TO AND SUBSCRIBED in my presence this I day of COMMONWEALTH OF PENNSYLVANIA '00?"' Notarial Seal NO ^Y PUBLIC Wayne A. Jones, Notary Public City Of Pittsburgh, Allegheny County t,Ay Commission E)ires June 29, 2010 n4ember, 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. Reques`, for Military Status Department of Defense Manpower Data Center 'ClAft Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 DEC-04-2007 04:38:11 Last Name First/Middle Begin Date Active Duty Status Service/Agency HARRELL 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 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: h_ttp//wwwdefen_sel__ink.mi.l/faa/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 12/4/2007 Request for Military Status Page 2 of 2 by the n-quester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report IU: BSVWQAOSJHM https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 12/4/2007 C' a ?" -c ' IN THE COYRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE RANK Plaintiff vs. MARVELLA D H RRELL No. 07-5577 CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt PA I. D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06010636 IN THE CAPITAL ONE E Plaintiff vs. MARVELLA D H, Defendan At the Judgment. By: James C. brodt PA I . D #4 524 WELT N, INBERG & REIS CO., L.P.A. 2718 oppe Building 436 eve Avenue Pitt ur , PA 15219 (4 2 34-7955 WWR #06010636 Sworn to and before me this da)&gf March, TARY PUB OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION K LL Civil Action No. 07-5577 CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT t of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned WELTMAN, WEINBERG & REIS CO., L.P.A. +vfV dl IvlV yy? ? ? ?.. J tan C a 5e.- Heidi K N ota° C i Of Pi u Allec" _M Y mmi io E !vie'rr^be r,I Pennsyl n0 As.oc;;; COMMONWEAL"Fs l C Heidi J. Kcliy, (*a vs; 4"ublic City Of Pittsburgh 4.' ,the y C xty My Commission Expices Nov. 4 -009 Member, Pennsylvani A cool 'a of rlrl Ira . p 00 49- ?? b