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Home My WebLink About07-6238I u IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: Orl - &gn Civil Tern VS. COMPLAINT IN CIVIL ACTION PHYLICIA C BURTON 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 06047401 C N Pit BNT q J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No PHYLICIA C BURTON 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 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: PHYLICIA C BURTON 7 PINE RD APT 403 MOUNT HOLLY S, PA 17065 3. Defendant applied for and received a credit card bearing the account number 4862362454142087 . 4. Defendant made use of said credit card and has a current balance due of $1390.79 , 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 25.9008 per annum on the unpaid balance from August 29, 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 , PHYLICIA C BURTON , INDIVIDUALLY , in the amount of $1390.79 with continuing interest thereon at the rate of 25.900W per annum from August 29, 2007 plus costs. Jame Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 7sbrgh, nth Avenue, Suite 2718 Pi PA 15219 (4 24-7955 F -338-7130 0 04 C N Pit BNT This law firm is a debt collector a our client and any information obta ting to collect this debt for will be used for that purpose. 41 ' Now With FREE Accelerator • for the fend 12 moa60ser-a 8e0 vahse t V $ 97* - 4FIrmorghfor first 3 mordhs,, $9.95/mo. 0013111ter SIGN UP TODAYI 1-888-587-9669 Mention Offw Code: EMERALD Or visit www.peoplepc.ooMgolemerald Account S Previous Balance $961.90 Payments, Credits and Adjustments 9.00 Transactions $29.00 Finance charges 919.30 New Balance 91,01020 Minimum Amount Due 91,010.20 Payment Due Date April 15, 2006 Total Credit Line 9500 Total Available Credit 9.00 Credit Line for Cash 9500 Available Credit for Cash 9.00 At your service To call Canomer Rdatiom or to reporta lost or adw ard: 1-800-903-3637 Seed psymentt to: Send i nrllri6 to- Ann; Remittance Processing Capital One Bank Capita One P.O. Box 790216 P.O. Boot 30285 St Louis, MO 63179-0216 SLC, UT 84130-0295 Important Account Information Please review the enclosed Privacy information and retain it with your account records. Also visit www.capitalone.mui/creditcards and click on the Visit the Guide to Benefits link to learn about your latest Visa. or MasterCard. account benefits. The descriptions in this online guide replace any information you received in the past. For a printed copy of the Guide to Benefits, call the Customer Relations number on the back of your card. PLATINUM VISA ACCOUNT 4862-3624-5414-2087 FEB 16 - MAR 15, 2006 Page 1 of 1 Payments, Credits said Adjuatimitnts Transactions 1 15 MAR PAST DUE FEE 929.00 You were assessed a past due fee of 929.00 on 03/15/2006 becam your minimum payment was not received by the due date of 03/15/2006. To avoid this fee in the fimre, we recommend that you allow at least 7 business days for your payment to reach Capital One. Finance Charges Please see reverse ridefw iaport- in f rrosattiion Bedam o* Per6& PR ? CHARGE ro epplirdm rs PURCHASES (971.17 .070%% 25.90% 919.30 ^ CASH 9.00 .07096% 25.90% 6.00 ANNUAL PERCENTAGE RATE applied this period 25.90% Vl ?a New Balance 91,010.20 Minimum Amount Due 91,01020 Payment Due Date April 15, 2006 Total enclosed 9 Account Numbs: 4862-3624-5414-2087 Capital One Bank P.O. Box 790216 1 1 1 1111111111 1111) oil I St. Louis, MO 63179-0216 1m11un11uu111ut11t1n11utu11Isill IIImu11r11u1u111 Street Apt f City State ZIP Hare Phone Alteman Phone N9007571213178498# MAIL ID NUMBER PHYLICLA C BURTON o 7 PINE RD APT 403 MOUNT HOLLY SPRINGS PA 17065-1935 ^ o ? o Please tmete your account number on your check or money order made payable to Capital One Bank and mail in the enclosed envelope. PLEASE RETURN PORTION BELOW WITH PAYMENT 0000000 0 4862362454142087 15 1010200040001010206 Please print mailntd adkesr and/or e-mail changes helow mind kne or Nak mi 003 peoplepc- online N.-/ 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 monthsl ® Virus Protection powered by symnntec- ® Pop-Up Blocker- j Spam Controls ® 1 Smarter Smart Dialer Technology 4W [W More Email Addresses 41111111, S Intemet Call Waiting r VERIFICATION CAPITAL ONE BANK vs BURTON, PHYLICIA C 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, ANNE SIMONSEN, 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. ANNE SIMONSEN Notary Pub1 c MARTHA L. ROBERTS NTOTARY PUBLIC 0EK4LB COTJNTY, GA 'MY? COMAIISSIONEXTIRES440-2o1 4862362454142087 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 1 ) -4 SHERIFF'S RETURN - REGULAR CASE NO: 2007-06238 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPTIAL ONE BANK VS BURTON PHYLICIA C KENNETH GOSSERT Sheriff orl',Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BURTON PHYLICIA C the DEFENDANT at 2050:00 HOURS, on the 116th day of November , 2007 at 2245 RITNER HIGHWAY CARLISLE, PA 17013 PHYLICIA BURTON 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: Docketing Service Postage Surcharge Sworn and Subscibed to before me this of So Answers3 18.00 14.40 .58 t 10.00 R. Thomas line .00 42.98 11/20/2007 WELTMAN WEINdERG REIS I By: day /'betu A. D. S r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK. Plaintiff VS. PHYLICIA C BURTON Defendant Dq- &23$ No. 1;94Q-506 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 (412) 434-7955 WWR#06047401 Judgment Amount $ 1630.60 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. PHYLICIA C BURTON Defendant TO THE PROTHONOTARY: Civil Action No. 178-60-5064 PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, PHYLICIA C BURTON above named, in the default of an Answer, in the amount of $1630.60 computed as follows: Amount claimed in Complaint $ 1,390.79 Interest from 08/29/07 to 4/28/08 at the legal interest rate of 25.900 % per annum $239.81 TOTAL $1630.60 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. MOLCZAN, ES IRE PA 1.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06047401 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: 2245 RITNER HWY CARLISLE,PA 17015 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. PHYLICIA C BURTON Defendant Case no: 178-60-5064 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, PHYLICIA C BURTON 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, PHYLICIA C BURTON is not in the military service. Further Affiant sayeth naught. AFFIANT (y?-Yl SWOR TO AND SUBSCRIBED in my presence this U Lay COMMONWEALTH OF PENNSYLVANIA Notarial Seal Heidi J. Kelly, Notary Public WT PUBLI City Of Pittsburgh, Allegheny County My Commission Expires Nov. 4, 2009 Member, Pennsylvanla Assariatinn 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. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff Case # 0_1 - Ga3b -CIVIL J ER-M PHYLICIA C BURTON Defendant(s) IMPORTANT NOTICE TO: PHYLICIA C BURTON 2245 RITNER HWY CARLISLE, PA 17015 Date of Notice : ou lot) WWR#: 06047401 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 : __ _ k I /10911 CL4 Woo" PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page APR-28-2008 07:21:53 Last Name First/Middle Begin Date [Active Duty Status Service/Agency BURTON PHYLICIA C 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. Ohp_? in. 4A4 - 444 rp.. 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. 55 501 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. https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 4/28/2008 Request for Military Status Page 2 of 2 If you obtain further information about the person ( e.g., an 55N, 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: httt)://www.defenselink.mil/faq/pis/PC095LDR.html WARNING: This certificate was provided based on a name and Social Security number (55N) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report IN9HP7IlI1-1QIK https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 4/28/2008 -EP- O V ' ?y ?C .. t ?11 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 178-60-5064 PHYLICIA C BURTON 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 (xx) Assumpsit Judgment in the amount of $1630.60 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: PRO ONOTARY p y) PHYLICIA C BURTON 2245 RITNER HWY CARLISLE,PA 17015 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 WELTMAN, WEINBERG & REIS CO., L.P.A. M tier PROTHONOTAr? BY: Sarah E. Ehasz, Esquire Attorney for Plaintiff(s) I.D. No.86469 Zg E I jUN 21 AM I I : 2 `j 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 CUMBERLAND COUNTY Phone: 412.434.7955 PENNSYLVANIA Fax: 412.434.7959 File # 6047401 PGH CAPITAL ONE BANK (USA),NA Plaintiff Cumberland County Court of Common Pleas VS. PHYLICIA C BURTON Defendant(s) NO. 07-6238 CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT TO THE PROTHONOTARY: Please kindly Satisfy the Judgment of the above-captioned matter upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG & REJS)CO., L.P.A. By Sworn to and subscribed Before me the Z,Z day of Ak_ky?? , 2011 NOTARY PUBLIC COMMONWEALTH OF pENNSYLVANIA Sheila G, Neal Seal Ross Tw Bevan, Notary public My Co P., Allegheny County MEMBER PENly VAN 4 res Nov. 15, 2014 CATION OF NOTARIES --If, Sarah E. Ehasz., Esquire Attorney for Plaintiff a"? sa t? 2?aL ? vF