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Home My WebLink About07-69811 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. JOSEPH L KOZA Defendant No : 07 _ 0% eivil ee nh 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 05658497 C N Pit LXR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No JOSEPH L KOZA 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: JOSEPH L KOZA 30 VILLAGE CT MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number 4862362148478806 . 4. Defendant made use of said credit card and has a current balance due of $5546.69 , as of October 18, 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 26.99016 per annum on the unpaid balance from October 18, 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 , JOSEPH L KOZA , INDIVIDUALLY , in the amount of $5546.69 with continuing interest thereon at the rate of 26.990% per annum from October 18, 2007 plus costs. Jameg9C mbrodt,42524 WELTNBERG & REIS CO., L.P.A. 436 Avenue, Suite 2718 PittPA 15219 (41255 FAX: -7130 0565Pit LXR This law firm is a debt collec tor attem 'ng to collect this debt for our client and any information obtained ill be used for that purpose. Z) The Deal You've Been Waiting For MOTOROLA FREE,RAZ R VJ > FREE* Wireless Camera Phone > BONUS Free Bluetooth® Headset ($6o value) > FREE Shipping & Handling ACT NOW %&__ Limited Time Offer X cing4 ar WIREFLY for CapitalOne• raising the barrAl' The yywel.s Suaerwo a Cardholders Caprta/oW Account S Previous Balance $2 863.96 Payments, Credits and Adjustments , ;85,00 Transactions $35 00 Finance Charges . $34.27 New Balance $2 848.23 Minimum Amount Due , $168 00 Payment Due Date . November 11, 2004 Total Credit Line $3 000 Total Available Credit , $151.77 Credit Line for Cash $1 020 Available Credit for Cash , $151.77 At your service To all Customs Relations or to report a lost or stolen c"1-800-903-3637 For free online account service and special autonus offers, log on to: w .apitaloneoom Send payments to: Send inquiries to: Attn: Re nittance Processing Capital One Scvioes Capital One Services P.O. Box 85147 P.O. Box 85015 Richmond, VA 23276 Ridsmond, VA 23285-5015 lutportant Account Information Want to make a difference this November? VOTE! Your vote is important, so get out there on November 2. Only you can make sure your voice is beard. Every vote counts! PLATINUM VISA ACCOUNT 4862-3621-4847-8806 003 SEP 12 - OCT 11, 2004 Page 1 of 1 Payments, Credits and Adiustments 1 13 SEP PAYMENT RECEIVED - THANK YOU $9500 Your scheduled payment has not been received. Please remit the amount due appearing on this statement. If you have already made your payment, Please accept our thanks. Transactions 2 11 OCT PAST DUE FEE As a valued Capital One customer, you are eligible to receive a free Year-End Summary that recaps your 2004 charges. Please can 1-877-794-4487 before December 12, 2004, to reserve your copy. All orders will be processed between January 15 and February 28, 2005. As long as this benefit is available for your account, you must call in each year in order to receive a Year-End Summary. You will be notified in your statement on how to opt in for your Year-End Summary. "Important Notices* You were mailed an Important Notice Of A Change In Terms in your October 2004 statement or were sent one in a letter from Capital One in October. If you have any questions, please call the customer service number on the back of your card. You were assessed a past due fee of $35.00 on 10/11/2004 because your minimum payment was not received by the due date of 10/11/2004. 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 $35.00 F-mance C Ila[ges m Please see reverie Ade for impor tant in, formation ?i Adan & pffiw. C dmg 1g6&dm see CHAS? _ CASH $2,798.33 .04082% 14.90% $.00 .04092'% 14 90% $34.27 . 5.00 ANNUAL PERCENTAGE RATE applied this period 14.90% PLEASE RETURN PORTION BELOW WITH PAYMENT owl 0000000 0 4862362148478806 11 2848230085000168001 New Balance $2 848.23 Pleau prowl mailing adders and/or -xad eband s helm war b/ere or Mock mA Minimum Amount Due $168.00 Payment Due Date November 11, 2004 Sant nP R _ Total enclosed $ Cq Sae 2IP Account Number: 4862-3621-4847-8806 Ho" Ph"` A erns aPhone - Capital One Bank P.O. Box 85147 'r ltt't tilt tt tllt'Ittl Richmond, VA 23276 #9028608187115489# MAIL ID NUMBER -? JOSEPH L KOZA M 7 DICKINSON AVE D = CAMP HILL PA 17011-5466 Pleme rorite your account number on your o6eck or money order mode payable to Capital One Bank and mail in the encimed envelope r VERIFICATION CAPITAL ONE BANK vs KOZA, JOSEPH L 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. CY T d- J. Notary Public Uvonda S. Brooks Notary Public Douglas County, Georgia My Commission Expires February 29, 2008 4862362148478806 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. C spa a -n r MI 0 "? f i 8 M 00 n oo a ` C-, c5m Z7 C(P SHERIFF'S RETURN - REGULAR CASE NO: 2007-06981 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS KOZA JOSEPH L SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KOZA JOSEPH L the DEFENDANT , at 2040:00 HOURS, on the 12th day of December 2007 at 30 VILLAGE COURT MECHANICSBURG, PA 17050 JOSEPH L KOZA 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 Service Affidavit Surcharge /.L 1.2 u`01 Sworn and Subscibed to before me this of So Answers: 18.00 19.20 . 00 II _ -s 10.00 R. Thomas Kline .00 47.20 12/14/2007 WELTMAN WEINB REI By: day A, / Deputy Sheriff ' A ?.. r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No. 07-6981 CIVIL TERM vs. PRAECIPE FOR DEFAULT JUDGMENT JOSEPH L KOZA Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, P.A.I.D.# 42524 Weltman,Weinberg & Reis Co.,L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412)434-7955 Fax: 412-338-7130 WWR#5658497 Judgment Amount $ 6,083.99 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. Civil Action No. 07-6981 CIVIL TERM JOSEPH L KOZA Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, JOSEPH L KOZA above named, in the default of an Answer, in the amount of $6,083.99 computed as follows: Amount claimed in Complaint $5,546.69 Interest from 10/ 18/07 to 2/26/08 at the legal interest rate of 26.99% per annum $537.30 TOTAL $6,083.99 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: -?- yv- James C. Wa odt, P.A.LD.# 4 24 Weltman, einbe g & Reis Co.,L.P.A 436 Seve h Av ue, Suite 1400 Pittsbur , PA 219 (412)43 -7955 Fax:4 -33 130 W WII#5X58497 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: 30 VILLAGE CT MECHANICSBURG,PA 17050 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. JOSEPH L KOZA Defendant Case no: 07-6981 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, JOSEPH L KOZA 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, JOSEPH L KOZA is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN TO AND SUBSCE )n my presence this day 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 Plaintiff JOSEPH L KOZA Defendant(s) IMPORTANT NOTICE TO: JOSEPH L KOZA 30 VILLAGE CT MECHANICSBURG,PA 17050 ?( Date of Notice: 04 O " WWR#: 05658497 Case # ?'\i)1l-TFl 67- 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 : MZZ4 Ac'gV04 PATRICK THOMAS WOODMAN PA I.D. 434507 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BLDG, 436 7TH AVE. Regusffor Military Status Page 1 of 1 Department of Defense Manpower Data Center OCT-26-2007 13:14:02 Military Status Report Pursuant to the Servicemembers Civil Relief Act Last Name First/Middle Begin Date Active Duty Status Service/Agency KOZA JOSEPH 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. V?44? Amut /#I ho? 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.defenseli ikmiUfaq/pis/PC09SLDR html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: BBRSPHFPQBH httPs://Www.dmdc.osd.mil/scra/owa/scra.prc?_Select 10/26/2007 c ex. T Sb SO -lam 00 -. ._. 1 M W W^ elf lb . ?pp/7, rr _.. 6/ Get ; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 07-6981 CIVIL TERM JOSEPH L KOZA Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following gment was entered against you Order J tg on 3 /0 (xx) Assumpsit Judgment in the amount of $6,083.99 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 )j D PUTY) JOSEPH L KOZA 30 VILLAGE CT MECHANICSBURG,PA 17050 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