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HomeMy WebLinkAbout07-5794 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: 07_ 5,784 civi I C 1"? vs. COMPLAINT IN CIVIL ACTION JILL BLOOR 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 05863950 C N Pit BNT % IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. JILL BLOOR Defendant Civil Action No 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: JILL BLOOR 6 BRIAR LN CAMP HILL, PA 17011 3. Defendant applied for and received a credit card bearing the account number 4862362485257607 . 4. Defendant made use of said credit card and has a current balance due of $1448.60 , as of August 29, 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 26.990% per annum on the unpaid balance from August 29, 2007 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit I'll, 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 , JILL BLOOR , INDIVIDUALLY , in the amount of $1448.60 with continuing interest thereon at the rate of 26.990% per annum from August 29, 2007 plus costs. James Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. nth Avenue, Suite 2718 Pbgh, PA 15219 4e)44-7955 (V4) F 4 -338-7130 0 9 C N Pit BNT This law firm is a debt collector at em ing to collect this debt for our client and any information obtai e will be used for that purpose. First 3 months half-price 1 ? 4 a month, ".95/mo. #we~ SIGN UP TODAM ' 1-877-7784207 Mention Offer Code: ONYX Or visit www.peoplepc.com/go/onyx Caprtal0wa Account Summary Previous Balance $904.60 Payments, Credits and Adjustments $•00 Transactions $29.00 Finance Charges $20.97 New Balance $954.57 Minimum Amount Due $954.57 Payment Due Daze October 27, 2005 Total Credit Lune $500 Total Available Credit $.00 Credit Line for Cash $500 Available Credit for Cash $.00 At your service To can Customs Refs ions or to report a lost or stolen nrd: 1-800-903-3637 Send payments to: Sad i.TA is W. Attn! Remitunoe Ptncssing Capital One Bank Capitsl One P.O. Box 790216 St Lou6, MO 63179-0216 P.O. Box 3029S SLC, Ur 94130-0285 003 peoplepc® online u A better way to Internet. PeoplePC Online offers the features you would expect from higher-priced Internet Service Providers at half price for the first 3 months! ® Email virus Protection ® Pop-Up BlockerTM Spam Controls Smart Dialer Phisher Security Internet Call Waiting f / r app r / AUG 28 - SEage 1 of 1 ? ,/ ?/ f+ PLATINUM VISA ACCOUNT P 1 of 1 4862-3624-8525-7607 (.,.w Pa ents, Credits and Adjustments Transactions 1 27 SEP PAST DUE FEE $29'00 You were assessed a past due fee of $29.00 on 09/27/2005 because your minimum payment was not received by the due date of 09/27/2005. To avoid this fee in the future, we recommend that you allow at least 7 business days for your payment to reach Capital One. EXHIBIT Lmnortiatt Account Information Twelve unsung heroes of college athletics are competing for the honor of Capital One National Mascot of the Year - and you can help decide who wins! Each week, the mascots go head-to-head in competition, but only one will win the coveted title and $10,000 for their school. Go to capitalone.com where you can vote daily for your favorite mascot - and don't forget to tune in to the Capital One Bowl on ABC on Monday, January 2, 2006, to see who wins! Finance Charges Please im reverse side for important information kalm eau Pend TMdP;l d MW q?oudto +,a, PURCHASES f914.70 00 9 .07395%P 26.99% (20.97 .07395%P 26.99% S.00 ?o . CASH ANNUAL PERCENTAGE RATE Wpiicd this period 26.99% PLEASE RETURN PORTION BELOW WITH PAYMENT COP"O W 0000000 0 4862362485257607 27 0954570015000954579 New Balance $954.57 Minimum Amount Due $954.57 Payment Due Date October 27, 2005 Total enclosed f Account Namber: 4862-3624-8525-7607 Pleau pr J ns, Gng adken and e-mail changer helm w0 el A w s+btri ink Shen Apt t Gay Sate ZIP Home Phone Alternate Phone Email Addeen #9027171427209894# MAIL ID NUMBER s: JILL BLOOR -1 Capital one Bank ' 6 BRIAR IN P.O. Box 790216 Itlar'r1II1'?IIIII111' CAMP HILL PA 17011-7903 St. Louis, MO 63179-0216 on ?? o asssssr• Pkase unite your auount numbs m yew dbak or money order made payable to Cafital One Bank and mail in the enclosed envelope. I- VERIFICATION CAPITAL ONE BANK vs BLOOR, JILL The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn 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. - "i TRACY A Notary Public MAISHA DAVIS HENRY COUNTY, GEORGIA P41Y COMMISSION EXPIRES OCTOBER 24TH, 2010 4862362485257607 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. O -F- b o 00 c :> t-- n,> C7 --< SHERIFF'S RETURN - REGULAR CASE NO: 2007-05794 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS BLOOR JILL 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 BLOOR JILL the DEFENDANT , at 2031:00 HOURS, on the 9th day of October , 2007 at 6 BRIAR LANE CAMP HILL, PA 17011 by handing to JILL BLOOR 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 13.44 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 ll?ci?v? 41.44 10/10/2007 WELTMAN WEINBERG RE IS Sworn and Subscibed to By: before me this day De uty Sheri of A.D. r , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. JILL BLOOR Defendant No. 07-5794-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#05863950 Judgment Amount S 1,551.43 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. JILL BLOOR Defendant TO THE PROTHONOTARY: Civil Action No. 07-5794-CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, JILL BLOOR above named, in the default of an Answer, in the amount of $1,551.43 computed as follows: Amount claimed in Complaint $1,448.60 Interest from AUGUST 29, 2007 to DECEMBER 3, 2007 at the interest rate of 26.990% per annum $102.83 TOTAL $1,551.43 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. Warm rodt Esquire 4 WELW INBERG & REIS CO., L.P.A. 43ev ue, Suite 2718 Pittsb15219 PA I.YI-5338-71305 (412) 4 5 FAX: 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: 6 BRIAR LN CAMP HILL,PA 17011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. JILL BLOOR Defendant Civil Action No. 07-5794-CIVIL TERM NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Ordgl;.or Judgment was entered against you on U ejC- 2J 01007 (xx) Assumpsit Judgment in the amount of $1,551.43 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: -6 , PRO H OTARY (OR DEPUTY) JILL BLOOR 6 BRIAR LN CAMP HILL,PA 17011 Plaintiff's 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 Case #0a_ CI V - 7.em JILL BLOOR Defendant(s) IMPORTANT NOTICE TO: JILL BLOOR 6 BRIAR LN CAMP HILL,PA 17011 Date of Notice: WWR#: 05863950 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: U)w 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: 07-5794-CIVIL TERM Plaintiff vs. JILL BLOOR 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, JILL BLOOR 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, JILL BLOOR is not in the military service. Further Affiant sayeth naught. of NOT. AND LIB- E y presence this ! y COMMONWEALTH OF PENNSYLVANIA Notarial Seal 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 4D Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 DEC-03-2007 08:34:57 'C Last Name First/Middle Begin Date Active Duty Status Service/Agency BLOOR JILL 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 'of y6t Fri 0014.- 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 https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 12/3/2007 ..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: BCMTQNXCZJF https://www.dmdc.osd.miUscra/owa/scra.prc_Select 12/3/2007 ? N c n "?