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Home My WebLink About07-5918A r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. JAMES E BUBB Defendant No : D'1- 5gig aivi I IefM 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 06047652 C N Pit BNT J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. JAMES E BUBB 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 FINED 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 GLENIALLEN , VA 23059 . 2. Defendant is adult individual(s) residing at the address listed below: JAMES E BUBB 722 HUMMEL AVE LEMOYNE, PA 17043 3. Defendant applied for and received a credit card bearing the account number 511,8052133360921 . 4. Defendant made use of said credit card and has a current balance due of $1141.20 , 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 28.240% per annum on the unpaid balance from August 29, 2007 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 11111 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 , JAMES E BUBB , INDIVIDUALLY in the amount of $1141.20 with con inuing interest thereon at the rate of 28.240% per annum from August'129, 2007 plus costs. This law firm is debt collector at our client and any information obtai James 0Warmb WELTM 4V64 P(F rodt,42524 WEINBERG & REIS CO., L.P.A. e th Avenue, Suite 2718 r h, PA 15219 4-7955 -338-7130 2 C N Pit BNT sting to collect this debt for will be used for that purpose. 046 C-sipmalow w1oft fn your wiWary' Your account is about to charge off as a bad debt. • We report an R9 rating to credit bureaus when an account charges off. If lenders and employers nationwide can access credit bureau reports. • An R9 will limit our ability to offer you financial solutions. • You will still be responsible for repaying the debt. Good news - it's not too late. • Call 1-800-955-66oo for payment options. • Pay with our free Check by Phone service. • If you have online account access, log on to your account and pay now at www.capitalone.com. • If you prefer, simply use the remittance coupon below. purpose bt this letter is to collect a debt Arry information obtained will be used for that purpose. ma Capital One Services, Inc. Capital One Is a federally registered service mark. All rights reserved. )} 046-o4oa Capra/Q• PLATINUM MASTERCARD ACCOUNT ? J lY JAN 16 - FEB 15, 2006 5178-0521-3336-0921 ` Pagel of 1 Account Summary Payments, Credits and Adjustments Previous Balance $659.17 Payments, Credits and Adjustments $.00 Transactions Transactions Finance Charges $88.00 $16.04 1 15 FEB CAPITAL ONE MEMBER FEE $59.00 2 15 FEB PAST DUE FEE 29.00 New Balance Minimum Amount Due $763.21 $763.21 As a valued Capital One customer, you are eligible to receive a free Year-End Summary for this Payment Due Date March 15, 2006 specific account that recaps your 2005 charges, provided your account is in good standing and you have made transactions during the calendar year. Pleasr go to www.capitalone.com and Total Credit Line $460 access your account to request your Year-End Summary online or call 1-877-794-4487 before Total Available Credit $.00 March 31, 2006, to reserve your copy. Orders will be mailed out by the end of April 2006. Credit Line for Cash $460 Available Credit for Cash $.00 You were assessed a past due fee of $29.00 on 02/1512006 because your minimum payment was not received by the due date of 02/1512006. To avoid this fee in the future, we recommend that you allow at least 7 business days for your payment to reach Capital One. At your service To cO Customer Relation; or to report a to or ;tolm _d: 1-800-903-3637 For free online account :esvice and speag ou?omer offer, log on to: _mpitdone.eom send payments to: Send i quiria to: Attn: Rmrittanee Prom;-g """ II??` Capital One Bank Cap.nyu one P.O. B. 790216 P.O. ox 30285 St Louis, MO 63179-0216 SLC, 84130-0285 II EXHIBIT a? Finance Charges Pleare sac reverre.ridr for important infmmattsonn ^ Ada- rate P-d. A m PR gpplirdm ratr m PURCHASES 5666.78 .07737%P 28.24% $16.04 e CASH 8.00 .07737%P 28.24% 5.00 ANNUAL PERCENTAGE RATE applied this period 28.24% PLEASE RETURN PORTION BELOW WITH PAYMENT ?&MOM, 0000000 0 5178052133360921 15 0763210030000763218 New Balance $76321 Minimum Amount Due $76321 Payment Due Date March 15, 2006 Total enclosed $ Account Number: 5178-0521-3336-0921 Capital One Bank P.O. Box 790216 St. Louis, MO 63171I-0216 Pi-pistmailied addreaa? r-mail rlsaadv h,1 mind 6h. -44.1 irk Scree[ Ape t Gry Sun ZIP Home Phone Al-ve Phone #9004768847770921# MAIL ID NUMBER E111111111111! JAMES E BUBB 722 HUMMEL AVE °D Ii LEMOYNE PA 17043-1831 ° •?? ?ut???ur???nu?n?u??un???n?u;??uu??n?;?u?r??u?;? r Please wife yore auoant number on yaw Jack w money wda made payable to Capital One Bank and mail in the a Tared envelope. A" VERIFICATION CAPITAL ONE BANK vs BUBB, JAMES E 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, ANNE SIMONSEN, Authorized Agent, of CAPITAL ONE BANK, Plaintiff Herein, that he/she i 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 i II ANNE SIMONSEN MARITZA L. ROBERTS rARY P1JBI.I(-,°)EKAI.B C0tTNTy, GA Y ??ilvlll N E)LNRES 4-10 201' 5178052133360921 A049 WELTMAN, WEINBERG 8r? REIS CO., L.P.A. II " Cr) G gn O C i"f=; Q SHERIFF'S RETURN - REGULAR CASE NO: 2007-05918 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS BUBB JAMES E SHARON LANTZ was served upon Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTTCF BUBB JAMES E DEFENDANT the , at 1951:00 HOURS, on the 18th day of October , 2007 , Sheriff or Deputy Sheriff of at 722 HUMMPT, AVF.MUP. LEMOYNE, PA 17043 JAMES BUBB 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 18.00 Service 15.36 Affidavit .00 Surcharge 10.00 .00 61/0 7 L1r^ ` ? 43.36 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kl i.ne 10/19/2007 WELTMAN WEINBERG REIS By: Deputy Sheriff A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. JAMES E BUBB Defendant No. 07-5918-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#06047652 Judgment Amount $ 1,232.14 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. JAMES E BUBB Defendant TO THE PROTHONOTARY: Civil Action No. 07-5918-CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, JAMES E BUBB above named, in the default of an Answer, in the amount of $1,232.14 computed as follows: Amount claimed in Complaint $1,141.20 Interest from AUGUST 29, 2007 to DECEMBER 10, 2007 at the interest rate of 28.240% per annum $90.94 TOTAL $1,232.14 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. War rodt, Esquire PA I.D. 4 24 WELT N, EINBERG & REIS CO., L.P.A. 436 Sev th A enue, Suite 2718 Pittsb rgh, A 15219 (412) 34- 955 FA :4 -338-71305 W 6047652 Plaintiff's 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: 722 HUMMEL AVE LEMOYNE,PA 17043 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. JAMES E BUBB Defendant JAMES E BUBB 722 HUMMEL AVE LEMOYNE,PA 17043 Civil Action No. 07-5918-CIVIL TERM NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Ord or Judgment was entered against you on t aoq (xx) Assumpsit Judgment in the amount of $1,232.14 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 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 Prothonotary IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff JAMES E BUBB Defendant(s) IMPORTANT NOTICE TO: JAMES E BUBB 722 HUMMEL AVE LEMOYNE,PA 17043 Date of Notice: WWR#: 06047652 Case # CNI"L -TC-?- im 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: 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: 07-5918-CIVIL TERM Plaintiff vs. JAMES E BUBB 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, JAMES E BUBB 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, JAMES E BUBB is not in the military service. Further Affiant sayeth naught. SWO AND SU SC IBED in my presence this J-aAy of COMMONWEALTH OF PENNSYLVANIA Notarial Seal Heidi J. Kelly, Notary Public ARY PUB City Of Pittsburgh, Allegheny County My Commission Expires Nov. 4, 2009 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 Military Status Report Pursuant to the Servicemembers Civil Relief Act Pagel of 2 DEC-10-2007 13:51:16 -<Last Name First/Middle Begin Date Active Duty Status Service/Agency BUBB JAMES E 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. hit 14., 0114., 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/faa/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 12/10/2007 lb. Z) D f? p z t7 I _ ? ?' y +V F ,n? 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. JAMES E BUBB Defendant No.: 07-5918 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. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6047652 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No.: 07-5918 CIVIL TERM JAMES E BUBB 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. before mday of SeNOTARWELTMAN, WEINBERG & REIS CO., L.P.A. ed Sworn to APUBLI By: -? James C. mbrodt PA I .D D #4 2 WELTM EINBERG & REIS CO., L.P.A. 1400 K per Building 436 Se en Avenue Pittsb rg , PA 15219 (412) 4 4-7955 WWR #6047652 COMMONWEALTH OF PENNSYLVANIA Notarial Seal C Wendy L. Gault, Notary Public M COf Pittsburgh, Allegheny County Y Commission Expires July 15, 2010 Member, Pennsylvania Association of Notaries _Mz p v w o, -- Fib-