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Home My WebLink About07-5630t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: 6q-!5(630 Civi I Term VS. HELEN J MYERS 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 06130320 C N Pit SJS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No HELEN J MYERS 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 U 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: HELEN J MYERS 2300 MARKET ST CAMP HILL, PA 17011 3. Defendant applied for and received a credit card bearing the account number 4121741570896022 . 4. Defendant made use of said credit card and has a current balance due of $1635.46 , 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 28.490W per annum on the unpaid balance from August 23, 2007 . A copy of Plaintiffs STATEMENT is attached hereto, marked as Exhibit "1" and made a part hereof. 0 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 , HELEN J MYERS , INDIVIDUALLY , in the amount of $1635.46 with continuing interest thereon at the rate of 28.490% per annum from August 23, 2007 plus costs. James C armbrodt,42524 WEL EINBERG & REIS CO., L.P.A. 436 S e th Avenue, Suite 2718 Pitt ur h, PA 15219 (412 4 4-7955 FAX 4 338-7130 06 03 0 C N Pit SJS This law firm is a debt collector attptJing to collect this debt for our client and any information obtain d yi.ll be used for that purpose. Show Mom our love! Y i CN?))7- Special savings for Capital One• Cardholders! i 1* on your next purchase when you use Promotion Code CAP66 Save `Sees %Vaefortifti"I Save this codeI Offer good all year longI tjVRemember: Mother's Day is Sunday, May 141 At? Call 1-800-ROWERS' (1-800-356-9377) or Click www.1800fiowers.com today! Your florist of choice. --------------------------------------------------------------------------------------------------• C4a?sitalQ?• Account Previous Balance 11125.88 Atymoms, Credits and Ad?ests 8.00 Tranmctions 835.00 Finance Charges 827.56 New Balance 81,188.44 Minimum Amount Due 81,188.44 Payment Doe Due May27, 2006 Total Credit Line 8700 Taal Avadahle Credit 8.00 Credit Line for Cash Poo Available Credit for Cash 8.00 At To C11 Caeto-a Reitioas a to reports, lot a etoam cud 1-800-262-1493 F. See oulm amaut eariee seed spend astowa off re, kg m to: now.-pit{see.esn Sad pgao-a to: Seed ie pkis me Attn: Reaninance Processing Capita Oar Bank Cspar Case P.O. Sea 790216 P.O. Bas 30215 St Louie, MO 63179-0216 SLC, Uf 84L -M PLATINUM VISA ACCOUNT 4121-7415-7089-6022 MAR 28 - APR 27, 2006 Age 1 of 1 Payments, Cmel'eu and A4nuwnts Tnmswtiom 1 27 APR PAST DUE FEE Reminder. If ere receive yow mininwn monthly xyme on time for 12 exnsxntive billing Periods, this aemunt will be reviewed far a por6le return to yaw Non-lmroduetory A.P.R. You were assessed a pan due fee of 835.00 on 04/27/2006 beeraene yaw minimum Payment was not received by the due date of 04/27/2006. To avoid tbia fee in the fine, we recommend that you allow at lent 7 business days for yam Payment to reach Capital One. EXHIBIT womommo? 835.00 Finance Charger PG.or,ar re siverA fir iwjata et info samisev Bdaesnk Pis" rsnewaaiet ema ywas alas LPR PURCHASES 81,135.73 A790916P 28.495 127.48 CASH 83.43 .0780611P 28.4916 8.06 ANNUAL PERCENTAGE RATE applied thin period 28.49% PLEASE RETURN PORTION BELOW WITH PAYMENT Ca a`te' 0000000 0 4121741570896022 27 1188640190001188440 Pfrmpeiu 00*r dim MAKV & V dii e6waw WM Jesse Mir Is M&A is! New Balance 81,188.44 Minimum Amount Due 81,188.44 Sase Ape a Payment Due Date Msy 27, 2006 ae sea zzp Total enclosed 8 Him, phase Aaewe Phoa AemmANmmbQ 4121-7415-7089-6022 IF F 9 Add- #9011839043287563! MAIL ID NUMBER Capital One Bank -I HELEN J MYERS r P.O. Box 790216 Itlnluslltinlln,il m PO BOX 491 St. Louis, NO 63179-0216 CAMP HILL PA 17001-0491 c IIIIIIIIIIus1III111IIIl1116611I1I111II11111111IIIIIBill Bill IeeellletallltatlLe6nr{IllttttlrtllsLt6relllsittetlllarrll Prase emirs yrar easswt ewber on yogis tbmi s r sees y ado Be a*tayakk to Ge %W OweBmk aad wail iw the sselmd enwdoi r. VERIFICATION CAPITAL ONE BANK vs MYERS, HELEN J The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities, that helshe is, MARITZA ROBERTS, 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. MARITZA ROBERTS Notary Public Uvonda S. Brooks Notary Public Douglas County, Georgia My commission Evires February 29, 2008 4121741570896022 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 00 i OQ r' N ? 3 -p v i cri SHERIFF'S RETURN - REGULAR CASE NO: 2007-05630 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS MYERS HELEN J 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 MYERS HELEN J the DEFENDANT at 2014:00 HOURS, on the 8th day of October 2007 at 2300 MARKET STREET 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: So Answers: Docketing 18.00 Service 14.40 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 J01 lilt-? 4^ ? 42.40 10/09/2007 WELTMAN Sworn and Subscibed to By: before me this day of , A.D. • ,. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 07-5630-CIVIL TERM HELEN J MYERS Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, HELEN J MYERS above named, in the default of an Answer, in the amount of $1747.80 computed as follows: Amount claimed in Complaint $1635.46 Interest from AUGUST 23, 2007 TO NOVEMBER. 1.9, 2007 at the legal interest rate of 28.490% per annum $112.34 TOTAL $1747.80 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. MOL , ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR#06130320 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`" Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 2300 MARKET ST CAMP HILL,PA 17011 1, 10, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff HELEN J MYERS Defendant(s) IMPORTANT NOTICE TO: HELEN J MYERS 2300 MARKET ST CAMP HILL,PA 17011 Date of Notice: WWR#: 06130320 Case # (?? - 5630 C;W ALA n ( FR 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: C?? - VLCM?,t??j PATRICK THOMAS WOODMAN PA I.D. 434507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 ' r IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. HELEN J MYERS Defendant Case no: 07-5630-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, HELEN J MYERS 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, HELEN J MYERS is not in the military service. Further Affiant sayeth naught. AFFI NT SWORN TO AND SUBSCRIBED in my pritE??'? OF?PENNSYLVANIA o` Notaftl Sii?? Heidi d. Ke1N. Notary pubac City Of )# v. 4.2000 Mlor COm don of t ?RY PUBLIC , penr-80 ?a M 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 40 Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 NOV-19-2007 10:06:15 Last Name First/Middle Begin Date Active Duty Status Service/Agency MYERS 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. A A a k4k In. A _A4M_ 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: htW://www.defenselink mil/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 11/19/2007 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: BBZYJVLGPKB https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 11/19/2007 ?? ? ?? ?• ? ? ? ? '? b a ,,J ?` ?? ?* r V j S t - r-= , ., ? t? ? ( ` _ .? - ,<_ =?: , ,,, .? _; .' ?? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 07-5630-CIVIL TERM HELEN J MYERS 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 lalbEIQ7 (xx) Assumpsit Judgment in the amount of $1747.80 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 PRO H NOTARY (OR DEPUT HELEN J MYERS 2300 MARKET ST CAMP HILL,PA 17011 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 t` ~f FI~C~-=~-' `~= i,~ iQ10 ~IJ! ! 3 Fr- ~~ L I .'~'JNTY Ctl`rJ~~' ~~`4`,' ~ r ~`~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Defendant(s) No. 07-5630-CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Lyndsay E Rowland, Esquire PA I.D. # 205520 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6130320 CFR ~'8.0o pa ATrf a~ ~t~a 3ga8 ~'~ ~yY/yG CAPITAL ONE BANK (USA),NA Plaintiff vs. HELEN J MYERS ,J IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 07-5630-CIVIL TERM HELEN J MYERS Defendant(s) 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, By: BERG & REIS CO., L.P.A. Lyndsay E owland, Esquire PA I.D. 05520 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #6130320 Sworn to and subscribed before me this ~_ day of June, 10 ~~~ NOTARY PUBLIC CO 7 PlNNSYL ANU1 Notarial $ael Sheila G. Bevan, Notary publk Ross Twp., Allegheny County My CarnmltMon ~ Nov. 15, xtl1Q Member. Pennsvpran{a AesodatJon of Notaries