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Home My WebLink About07-5629I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: 67- % eivi ( Te' V8. COMPLAINT IN CIVIL ACTION RICK J MONNETT 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 05939002 C N Pit SJS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No RICK J MONNETT 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 G 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: RICK J MONNETT 1505 LONGS GAP RD CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number 4862362479689385 . 4. Defendant made use of said credit card and has a current balance due of $1971.61 , 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 15.650W 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. i 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 , RICK J MONNETT , INDIVIDUALLY , in the amount of $1971.61 with continuing interest thereon at the rate of 15.650W per annum from August 23, 2007 plus costs. James 436 S Pitts (412) FAX: 0599 This law firm is a debt collector att our client and any information obtain V3 ar Droar,42524 EINBERG & REIS CO., L.P.A. h Avenue, Suite 2718 , PA 15219 7955 38-7130 2 C N Pit SJS ng to collect this debt for 11 be used for that purpose. A era one > BONUS Free Bluetooth' Headset ofie value) > FREE Shipping & Handling -. a The Deal You've Been Wafting For... MOTOROLA FREEjRAZR V3 > FREE* Wireless Cam Ph &1krnarlrnd2ysrawefesaoesataI - X cingq ar WIREFLY. raiarg thebar, end' The Wltslsa tlupwm, ACT NOW Li cone' Account nuance Payments Credits and Adjustments $1,413.77 $.00 Traitssctions $94.00 Finance Charges $21.40 New Balance $1,529.17 Minimum Amount Due $1,529.17 Payment Doe Dare November 15, 2005 Total Credit Line $1,000 Total Available Credit $ 00 Credit Line for cash $1,000 Available Credit for Cash $ 00 At your service To all Cuetomec Rela - or to eepwt a lost or "m card: 1-800-903-3637 Sind pgrneem to: Send ing i,ia to: Amt: Restittanoe Proenua8 Cspe.l One Bsok C.piw One P.O. Boa 790216 P.O. Boa 30285 St. Louie, MO 63179-0216 SLC, UT 84130-02$5 ImLoxmnt Account information Twelve unst leroa of college athletics are compel for the honor of ' One National Mascot of the Yea< and you an help deride who wins! Each week, the mascots go head-to-head in competition, but only one will win the covered tide and $10,000 for their school. Go to aprtslone.com where you an vote dally for your f rv rite mascot - and don't forget to tune in to the Capital One Bowl on ABC on Monday, January 2, 2006, to see who wins! sg3 Finan.Charges Pkaanrreoeneadr .1iir "7P"r+? ' JBearariss PURCHASES SHHASES C $90219 .04288KP 15.65% $11 61 $523.84 . .06230%P 2274% $9.79 New Balance $1529.17 Minimum Amount Due (152917 Payment Doe Date November 15, 2005 Total enclosed $ Account Number. 4862-3624-7%8-9385 PLEASE RETURN PORTION BELOW WITH PAYMENT - 0000000 0 4862362479689385 15 1529170164001529174 PLATINUM VISA ACCOUNT 4862-3624-7968-9385 Pa )rments, Credits and Adiustments Transactions 003 SEP 16 - OCT 15, 2005 Page 1 of 1 1 1S OCT CAPITAL ONE MEMBER FEE $59.00 2 15 OCT PAST DUE FEE 35.00 You were assessed a past due fee of $35.00 on 10/15/2005 because your minimum payment was not received by the due date of 1&1512005. To avoid this fee in the fn[ure, we recommend that you allow at least 7 business days for your payment to reach Capital One. - EXHIBIT ANNUAL PERCENTAGE RATE applied this period nip arse ilisz filarnl4rrsrildaajn ki--1b6m wbL#sek 1826% aaeee ? a Gty State Zf7 Home Ptn -- Nom, p e ?aAaarea, --N"" #9028998372342513# MAIL ID NUMBER Capital One Bank RICK J MONNETT P.O. Box 790216 322 BURGNERS RD St. Louis, MO 63179-0216 ! CARLISLE PA 17013-8921 11#1 Is 1111111111 fill P41sm twiteyowarmsn,t numbe,m yow cbxk w s.,,y order avdrpayabk to Ca}ital Ora Bank and s,ait it the eadonsif rrral yAe r VERIFICATION CAPITAL ONE BANK vs MONNETT, RICK J 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 m the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. " TURNER Notary Public JO W LROMM JOW K WC. OB. "COUNP GA N?'??ONE?PIltB??-?O?IQZ# 4862362479689385 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. (7) rv C o -c1 n va ..p ;? CrIf SHERIFF'S RETURN - REGULAR CASE NO: 2007-05629 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS MONNETT RICK J JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE MONNETT RICK J DEFENDANT was served upon the at 1840:00 HOURS, on the 2nd day of October , 2007 at 1505 LONGS GAP ROAD CARLISLE, PA 17015 by handing to RICK MONNETT 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: So Answers: Docketing 18.00 Service 4.80 Affidavit /P1 .00 owe 10.00 R. Thomas Kline Surcharge h" .00 32.80 10/03/2007 WELTMAN WEINBERG REIS Sworn and Subscibed to By: before me this day D t Sheriff of , A.D. b IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. RICK J MONNETT Defendant No. 07-5629-CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.447437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05939002 Judgment Amount $ 2051.92 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 07-5629-CIVIL TERM Kindly enter Judgment against the Defendant, RICK J MONNETT above named, in the default of an Answer, in the amount of $2051.92 computed as follows: Amount claimed in Complaint RICK J MONNETT Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT $1971.61 Interest from AUGUST 23, 2007 TO NOVEMBER 26, 2007 at the legal interest rate of 15.650% per annum $80.31 TOTAL $2051.92 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. MOLCZAX, 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#05939002 Plaintiffs 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: 1505 LONGS GAP RD CARLISLE,PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff RICK J MONNETT Defendant(s) IMPORTANT NOTICE TO: RICK J MONNETT 1505 LONGS GAP RD CARLISLE,PA 17013 Date of Notice: WWR#: 05939002 Case #Q-? 'JG?-CMiL '1 EPN 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: l? Nlv? 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: 07-5629-CIVIL TERM Plaintiff vs. RICK J MONNETT 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, RICK J MONNETT 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, RICK J MONNETT is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN TO AND SUBSCRIBED in my of 1.'1 n r0. Oc3'-1. NOTNRY PUBLIC this $ day COMMONWEALTH OF F PENNSY WA Notarial Seal Weruh? s ?? - r i , ":?.;' ..iY .mow ?`i This law firm is a debt collector attempting to collect this debt for our client and any nf5TMation`obtained will be used for that purpose. ,Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 NOV-26-2007 10:18:44 * Last Name First/Middle Begin Date TActive Duty Status Service/Agency MONNETT 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. otn. A,-? 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: htt_p://www.defense_ tink.mil/fact/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 11/26/2007 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: BRLQIJXBYBS https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 11/26/2007 C) t C -il 64• -_ _, i 1 00 j 'D ko "Z IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 07-5629-CIVIL TERM RICK J MONNETT 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. 42 1 ho ,107 (xx) Assumpsit Judgment in the amount of $2051.92 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: 5 PRONOTARY (OR DEPU RICK J MONNETT 1505 LONGS GAP RD CARLISLE,PA 17013 Plaintiff's 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 Plaintiff vs. RICK J MONNETT Defendant No. 07-5629-C IVI LTERM PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Patrick Thomas Woodman, Esquire PA I. D. #34507 Weltman, Weinberg & Reis,Co L.P.A. 1400 Kopper Building 436 Seventh Ave Pittsburgh, PA 15219 WWR#5939002 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 07-5629-CIVILTERM RICK J MONNETT Defendant PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. WELTMAN, WEINBERG & REIS CO., L.P.A. By: '_ ? k?14x" U300a Sworn to and sub cri ed before me this day of February, 8 *NAR'BLIC Patrick Thomas Woodman, Esquire PA I. D. #34507 Weltman, Weinberg & Reis,Co L.P.A. 1400 Kopper Building 436 Seventh Ave Pittsburgh, PA 15219 WWR #5939002 I i ''yt ?f -?.4..?...._...?...e.'. C.N 01f ;cs.. , ? ? b { r'