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Home My WebLink About07-6983IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No:- (? g3 CLvi ( ?Erry VS. COMPLAINT IN CIVIL ACTION JEFFREY L GELWICKS 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 06031062 C N Pit LXR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No JEFFREY L GELWICKS 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: JEFFREY L GELWICKS 107 S ENOLA DR ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number 5291071642818486 . 4. Defendant made use of said credit card and has a current balance due of $2074.95 , 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 28.490s 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. I 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 , JEFFREY L GELWICKS , INDIVIDUALLY , in the amount of $2074.95 with continuing interest thereon at the rate of 28.4908 per annum from October 18, 2007 plus costs. C Warmbrodt,42524 Jame AN WEL WEINBERG & REIS CO., L.P.A. 436 Sev nth Avenue, Suite 2718 Pi tsb gh, PA 15219 ( 12) 34-7955 FEY: 12-338-7130 603 062 C N Pit LXR FThis law firm is a debt collector atVting to collect this debt for our client and any information obtai d will be used for that purpose. First 3 months half-price 4 97 $ rnontlx 1 1 $9.s5tmo. tlsereattar Now with FREE Accelerator for the f rvt 12 montlsst--A a60 urdae P SIGN UP TODAY! olo, 1-877-778-1207 Mention offer Code: GARNET Or visit www.peoplepc.com/go/garnat peoplepu online \_111 A better way to intemet. PeoplePC Online offers the features you would expect from higher-priced Internet Service Providers at half price for the first 3 months! ® Virus Protection powered by Symentecm ® Pop-Up BlockerTm Spam Controls 4111W It Smarter Smart Dialer Technology 4® IW* More Email Addresses 4W t Internet Call Waiting Ca107e. Account S Previous Balance $1,407.60 Payments, Credits and Adjustments $.00 Transactions $35.00 Finance Charges $33.33 New Balance $1,475.93 Minimum Amount Due $1,475.93 Payment Due Date June 15, 2006 Total Credit Line $1 225 Total Available Credit , $ 00 Credit Line for Cash $1,225 Available Credit for Cash 50 At your service To mu Customer Relations or to report a lost or stolen mrd: 1-800_608-5227 For fry online aaount service and special customer offer, log on to: -capitilonneom Send Payments to: Send inquiries to: Attn: Reinittana Proorssing Capital One Bank Capital One P.O. Box 790216 P.O. Box 30285 St. Lows, MO 63179-0216 SLC, Ur 84130-0285 PLATINUM MASTERCARD ACCOUNT 5291-0716-4281-8486 APR 16 - MAY 15, 2006 Page 1 of 1 Payments, Credits and Adjustments Transactions 1 15 MAY PAST DUE FEE $35.00 Your request to close your account has been received. Your account will be dosed when it reaches a $o balance. Until then, you will continue to receive statements and must centime to make payments. All terms and conditions of the account will apply while a balance remains. Please remember to cut your cards and cancel all charges which automatically.bill to your account. You were assessed a past due fee of $35.00 on 05/15/2006 because your minimum payment was not received by the due date of 05/15/2006. 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 Finance Charges Please to reverse tide for important information Bat Wrote Psriodsr Jm E` to PURCHASES°Jr0 11* CASH 11,416.211 .07805%P 28.49% (3316 $7.44 .07805%P 28.49% S.17 ANNUAL PERCENTAGE RATE applied this period 28.49% PLEASE RETURN PORTION BELOW WITH PAYMENT •?OJ?a 0000000 0 5291071642818486 15 1475930080001475937 New Balance $1475.93 Minimum Amount Due $1475.93 Payment Due Date June 15, 2006 Total endosed $ Accousrt Number. 5291-0716-4281-8486 Capital One Bank P.O. Box 790216 1 1111 1111 11 ll'IIeIIssl St. Louis, MO 63179-0216 1111111 IIIIII'II1Illrfttl'rOtr'?'issllsills 1111111111 111111 'P'-, mailingI"-any-s-mailJxada be%m..gbluewhl kink aR` Apt C'ty Some ZIP . roger rsrone AUernate Phone 111111111110111? #9013668410181085# MAIL ID NUMBER JEFFREY L GELWICKS PO BOX 455 o ENOLA PA 17025-0455 o r Please -teyour accuunt number on y, ;,k - mong order made payable to Capital One Bank and mail in the enclosed envelope. VERIFICATION CAPITAL ONE BANK vs GELWICKS, JEFFREY L 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, 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. RACY TA R Notary Public Uvonda S. Brooks Notary Public Douglas County, Georgia My Commission E?)ires February 29, 2008 5291071642818486 A049 WELTMAN, WEIN13ERG & REIS CO., L.P.A. w W ?•-? N Q C) -n -am -00 V SHERIFF'S RETURN - REGULAR CASE NO: 2007-06983 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS GELWICKS JEFFREY L DAWN KELL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE GELWICKS JEFFREY L was served upon the DEFENDANT , at 1851:00 HOURS, on the 26th day of November-, 2007 at 107 S ENOLA DRIVE ENOLA, PA 17025 JEFFREY L GELWICKS 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 A Sworn and Subscibed to before me this So Answers: 18.00 14.40 .00 10.00 R. Thomas Kline .00 42.40 11/27/2007 WELTMAN WEINBERG & REIS By. Z)? ? day Deputy Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. JEFFREY L GELWICKS Defendant No. 07-6983 CIVIL TERM 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#06031062 Judgment Amount $ 2,280.64 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. 07-6983 CIVIL TERM JEFFREY L GELWICKS Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, JEFFREY L GELWICKS above named, in the default of an Answer, in the amount of $2,280.64 computed as follows: Amount claimed in Complaint $2,074.95 Interest from 10/18/07 to 2/22/08 at the legal interest rate of 28.490% per annum $205.69 TOTAL $2,280.64 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: fN WILLIAM T. MO AN, 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#06031062 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7 b Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: PO BOX 455 ENOLA,PA 17025 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 07-6983 CIVIL TERM JEFFREY L GELWICKS Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order ?Jgment was entered against you on (xx) Assumpsit Judgment in the amount of $2,280.64 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: PROT ONOTARY JEFFREY L GELWICKS PO BOX 455 ENOLA,PA 17025 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`s Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. JEFFREY L GELWICKS Defendant Case no: 07-6983 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, JEFFREY L GELWICKS 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, JEFFREY L GELWICKS is not in the military service. Further Affiant sayeth naught. ?^ J v v?? AFFIANT SWO TO AND SUBSCRIBED in my presence th; ?_ay of COMMONWEALTH OF PENNSYLVANIA NOTAR PUBLIC V`JFrr d t. f? ' rv Public ??.?,tyCounty Member, Perins}'lvania Fssaciat; n 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. Regdest for Military Status Department of Defense Manpower Data Center ID Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 OCT-26-2007 13:13:49 '< Last Name First/Middle Begin Date Active Duty Status Service/Agency GELWICKS JEFFREY 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 14. 11044_ kut In A?M_ 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.miVfaq/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: BBRSGGVXACT https://www.dmdc.osd.mil/scra/owa/scra.prq_Select 10/26/2007 J, ,, Arr? 05 L IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Case # ?? l0 I03 CN)L I?t?M JEFFREY L GELWICKS Defendant(s) IMPORTANT NOTICE TO: JEFFREY L GELWICKS 107 S ENOLA DR ENOLA,PA 17025 Date of Notice: WWR#: 06031062 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 - J U? G C? ?l v?.?--- BY: PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH. PA 15219 p ? 77 1 1 J r177 O Co a - IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA C-, IN RE: JEFFREY LYNN GELWICKS .% �t�F DEBRA JUNE GELWICKS, CHAPTER 13 �° Wd Debtors r- .u'�Z ° o -5 s� Q JEFFREY LYNN GELWICKS CASE NO. 1:08-bk-01679 MD�n z x c•1 DEBRA JUNE GELWICKS, — ':: Qrn Movants V. CAPITAL ONE BANK Respondent ORDER UPON consideration of the foregoing Motion to Avoid Judgment of Respondent under Section 522(f) of the Bankruptcy Code , it is hereby ORDERED AND DECREED that the relief prayed for in the Motion be, and hereby is granted,to wit, the judgment of CAPITAL ONE BANK in the approximate amount of$2,280.64 entered in Cumberland County at docket number a and hereby is avoided; it is further ORDERED AND DECREED that a certified copy of this Order may be filed with the Prothonotary of Cumberland County and the Prothonotary is directed to terminate the judgment in the judgment indices. R THE RECORD CERTIF�tED F O ll,,�� day of , 2D�.L Clerk, U.S. '6" Per oi�puty � P Dated: January 15, 2013 l ql q ��-agA (09 Case 1:08-bk-01679-MDF Doc 108 Filed 01/15/13 Entered 01/15/13 10:47:30 DXC Main Document Page 1 of 1