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Home My WebLink About07-56280/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: Q?- 5(o a$ C?Ui? erM VS. COMPLAINT IN CIVIL ACTION TIMOTHY LONG 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 05964322 C N Pit SJS . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No TIMOTHY LONG 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 V 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: TIMOTHY LONG 512 MIDDLE RD NEWVILLE, PA 17241 3. Defendant applied for and received a credit card bearing the account number 5178052416215354 . 4. Defendant made use of said credit card and has a current balance due of $2071.99 , as of August 23, 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 25.900W per annum on the unpaid balance from August 23, 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 , TIMOTHY LONG , INDIVIDUALLY , in the amount of $2071.99 with continuing interest thereon at the rate of 25.900% per annum from August 23, 2007 plus costs. James Warmbrodt,42524 WEL WEINBERG & REIS CO., L.P.A. 436 ev nth Avenue, Suite 2718 Pit sbu gh, PA 15219 (4 2) 4-7955 F 4 2-338-7130 0 964 22 C N Pit SJS This law firm is a debt collector aemldting to collect this debt for our client and any information obta n will be used for that purpose. { Now wttl. FREE Accelerator • for the F"t fY nniii ml-a 0110 rakm 97 1 1 - a month for lkst 3 mon0a; $9-Q %O. ihesatter SIGN UP TODAYI ' 1-888-587-9669 MerMion Offer Code: PEARL Or visit www.peoplopc.oorn/go/pnd ??One' Account Previous Balance $1,412.68 Payments Credits and Adjustments $.00 Tranactions $35.00 Finance Charges $31.41 New Balance 11,479.09 Minimum Amount Dix $1,479.09 Payment Due Date March 03, 2006 Total Credit Lin $1,000 Total Available Credit $.00 Credit Line for Cash $1,000 Available Credit for Cash $.00 At your service To call Cmmme Rdstions w to report a lost ar sWen card: 1-SM-903-3637 003 peoplepc- online %-1-1 A better way to Internet. PoopMPC Online offers all the features you would expect from higher-priced Internet Service Providers, including: Virus Protection Powered by symantec- ® Pop-Up BlockerTm Spam Controls doo Smarter Smart Dialer Technology e More Email Addresses 411111111, Q# Intemet Call Waiting PLATINUM MASTERCARD ACCOUNT JAN 04 - FEB 03, 2006 5178-0524-1621-5354 Pagel of 1 Payments, Credits and A4m mersts Transactions 1 o3 FEB PAST DUE FEE $35.00 Your request to dose your account has been received. Your account will be dosed when it reaches a $0 balance. Until then, you will continue to receive statements and must continue to make payments All terms and conditions of the account will apply whsle a balance remains. Please remember to cut your cards and cancel all charges which automatically bill to your account As a valued Capital One customer, you are eligible to receive a free Yea-End Summary for this spedfic account that recaps your 2005 dhrges, provided your account is in good standing and you have made transactions during the calendar year. Please 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 part due fee of $35.00 on 02/03/2006 because your minimum payment was not received by the due date of 02103/2006. To avoid this fee in the future, we recommend that you allow at least 7 basins days for ymm payment to reach Capital One. Send Psymans to: S nd inga'vin to Arm- p Reno Promsing Ca Cged One B B- ank Crtd One P.O. Box 790216 O ]Ica 830295 4L ? r St Lade, MO MO 6 63179-0216 SLC SI.C, UT 84130-0285 EXHIB11 1 Finance Charges Weareuereverse akfor:nspwtaettiofi6(r?Al(au6m B.lt>..a r?.;dGr l:ti R m ,NUrdA, ? PURCHASES 8978.42 .07096% 25.90% 82152 e CASH too .07096% 25.90% 8.00 SPECIAL TRANSFERS $449.39 .07096% 25.90% 89.89 ANNUAL PERCENTAGE RATE applied this period 25.90% T PLEASE RETURN PORTION BELOW WITH PAYMENT T cw 0000000 0 5178052416215354 03 1479090029001479099 New Balance $1,479.09 Minimum Amount Due $1.479.09 Payment Due Date March 03, 2006 Total enclosed $ Account Number: 5178-0524-1621-5354 S_ Apt t Gry Snte ZIP Home Phone Altnnot Phone e FEnn7Ad&- #9003517606157304# MAIL ID NUMBER Capital One Bank TIMOTHY LONG P.O. Box 790216 245 N ENOLA RD St. Louis, MO 63179-0216 r ENOLA PA 17025-2430 Pka e w to yore aemnnt naraher on yo diwA m nwney order mi de fsyabk to Capital One Bank and nail in the enlaced envelope. Pleare pmrasda d ds,sr mrl/ar-nvru6e?s kvm w:,r aan..brt luck. r ? j VERIFICATION CAPITAL ONE BANK vs LONG, TIMOTHY 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, DUDLEY TURNER, 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. Notary Public WARTIZA L. ROBM 40TAR} PUBLIC 9EKME COUNTY, GA A&YCQ "? 0NfXP&ES4-10-201' 5178052416215354 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. Mry? v) L ? 06 - r ... c - p i V7 ; 2 v iv? 3 -,o X SHERIFF'S RETURN - REGULAR CASE NO: 2007-05628 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS LONG TIMOTHY DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LONG TIMOTHY DEFENDANT the , at 1842:00 HOURS, on the 28th day of September, 2007 at 512 MIDDLE ROAD NEWVILLE, PA 17241. TIMOTHY LONG 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 0)"5107 18.00 13.44 .00 10.00 .00 41.44 Sworn and Subscibed to before me this day So Answers: r r? R. Thomas Kline 10/01/2007 WELTMAN WEINBERG REIS By: z Deputy Sheriff of , A. D. J .r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. TIMOTHY LONG Defendant No. 07-5628-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 (41.2) 434-7955 WWR#05964322 Judgment Amount $ 2263.12 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. 07-5628-CIVIL TERM TIMOTHY LONG Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, TIMOTHY LONG above named, in the default of an Answer, in the amount of $2263.1.2 computed as follows: Amount claimed in Complaint $2071.99 Interest from AUGUST 23, 2007 TO DECEMBER 31, 2007 at the legal interest rate of 25.90% per annum $191.1.3 TOTAL $2263.12 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: ----k 4Z_ WILLIAM T. M LCZA , ESQUIRE PA I.D.447437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR405964322 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7t' Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 512 MIDDLE RD NEWVILLE,PA 17241 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff TIMOTHY LONG Defendant(B) IMPORTANT NOTICE TO: TIMOTHY LONG 512 MIDDLE RD NEWVILLE,PA 17241 Date of Notice: WWR#: 05964322 Case # M 0\11 L ?Tr 2M 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: t'a U?cJt.. &A"-14 GbDO-3?- 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 DIVISION CAPITAL ONE BANK Case no: 07-5628-CIVIL TERM Plaintiff vs. TIMOTHY LONG 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, TIMOTHY LONG 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, TIMOTHY LONG is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN TO AND SUBSCRIBED in my presence this day of COMMONWEALTH OF PENNSYLVANIA Notarial Seal EWendy L. Gault, Notary Public NOT Y PUBLI OfPittsbungh,Ali:henyCounty mmission ExpireF .Pula 15,20; 10 PLdemGcr, f'enn-,riveni •lssc_ c,._.:h , ,. 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. 9eque:jt for Military Status Department of Defense Manpower Data Center Military Status Report W Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 SEP-06-2007 04:21:55 "< Last Name First/Middle Begin Date Active Duty Status Service/Agency LONG TIMOTHY 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. 1/1 Atut let- 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.mil/faq/pis/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: JANKFNZZKN https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 9/6/2007 `y ?'?. ?.. d ? a ? ? ?' w ??h ^?/ 1 ?-? ?? t'? t '? ,? C?,W c _,_ ? i re ?.? _?,,? ?, -} ; '? ..?_ .? , :Y .'? r 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 07-5628-CIVIL TERM TIMOTHY LONG Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on pd8 (xx) Assumpsit Judgment in the amount of $2263.12 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, PROTHONOTARY 111?? TIMOTHY LONG 512 MIDDLE RD NEWVILLE,PA 17241 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), N.A. Plaintiff vs. TIMOTHY LONG Defendants No. 07-5628-CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITH PREJUDICE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Patrick Thomas Woodman, Esquire PA I.D #34507 WELTMEN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 WWR#05964322 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), N.A. Plaintiff vs. TIMOTHY LONG Defendants Civil Action No. 07-5628-CIVIL TERM PRAECIPE TO SETTLE DISCONTINUE AND END WITH PREDJUDICE TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue the above captioned matter upon the records of the Court with prejudice and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. Sworn to and subscribed Before me the Vh Day of S PTE BE 2008 N ARY PU IC By: ?a -I ujon o? Patrick Thomas Woodman, Esquire PA I.D #34507 WELTMEN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 WWR#05964322 "? r /?,' r ^2y C 0 F--- t:..Y as -i) cr i