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Home My WebLink About08-0221I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK ? Plaintiff No: 0g- aa1 04wit Perm vs. COMPLAINT IN CIVIL ACTION ROBERT M EVANS 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 05757399 C A Pit LXR ^t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No ROBERT M EVANS 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 r _.% COMPLAINT 1. Plaintiff, CAPITAL ONE BANK is a corporation with offices at 6851 JERICHO TURNPIKE 4190 SYOSSET , NY 11791 . 2. Defendant is adult individual(s) residing at the address listed below: ROBERT M EVANS 11 W PINE ST MOUNT HOLLY SPRINGS , PA 17065 3. Defendant applied for and received a credit card bearing the account number 5178052399657358 . 4. Defendant made use of said credit card and has a current balance due of $2940.42 , as of November 05, 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 25.900% per annum on the unpaid balance from November 05, 2007 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 111" 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 , ROBERT M EVANS , INDIVIDUALLY , in the amount of $2940.42 with continuing interest thereon at the rate of 25.900% per annum from November 05, 2007 plus costs. W3ven rmbrodt,42524 INBERG L REIS CO., L.P.A. Avenue, Suite 2718 PA 15219 955 8-7130 A Pit LXR This law firm is a debt collector at4mpVi ng to collect this debt for our client and any information obtai d ll be used for that purpose. 11 .. I L/ / I CapitalOne" peoplepu online 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 mordhsl 09 Email Was Protection la Pop-Up Blocker- ,Q? Spam Controls SFi' Smart Defer Phfsher Security Internet Call Waiting PL.4I INUhl AtASI ERCARD ACCOUNT 5179.0523.9965-7.158 Account Summary Puivicats, Credits and AdiuStments JUL 12 - AUG 11. 2061 Pap l of 1 Pre.ials Umce $1,54422 Pa %;, Credits and Adktainen[5 nin 0.00 Transactions ri ons 035.00 1•inance Cl.argn $3434 1 11 AUC PAST DUE FEE 035.W New D21311cc $1.61356 Yott were amid a Ilan due fee of 035 00 an 0110 WO04 b=usc liner utininunn paivmtn was ma ]4lininuun Amount Due 01,613.56 received by the due date of 09/11/2004 To avoid this fee in the future. we recommend that 1vu Payment Due Date September 11, 2004 altow:n Iean 7 badnests; dalu for lour papnent to reach Capital One Total Credit line fl,txl0 T n al Mailable Credit sd)0 Credit L ine far Cash 01,000 Avaifuble Credit for Cash 0.00 At vour Senile Te oil C..worr Rd.tinn. w la rei..rt . lun err gala or,L 1-800-903-3637 Fes (Tee w0incamwnt,mi.c nd gedd-, 4-b1 at to; xwv.npitabmanm Sod p7ms,u ter: Sad is dei tw An. 11-iona. P.-in1 GriW On. Swim C.pulOaesa- P.O. Dag 95177 PA. 0.15015 Rich-d. VA 23376 Riduaaad VA 22735-5013 a-A F'rmanee Charges P/rmesn rr..mrailr f r iayarfaaf inferraatian f D+lann rat. ?' Mi.[. Ca..yw Av WEE gy!wlh raft .1PR PURCKASFS 14p.11 CASH A70467i 2S 904. 110.74 11,07265 .0709" 25464. 121.60 ANNUAL PERCENrf ACE RA TE applied dill period 25.90% First 3 months half-price 97 4 arnaft SIGN UP TODAYI o 1-877-778-1207 Mention Offer Codes •JAOE Or visit www peoplepc com/ga?}ade T PLEASE RETURN PORTION BELOW WITH PAYMENT T Capital0f7ea 0000000 0 5178052399657358 11 1613560050001613569 l14..rl+;arardtiae albrrraelL.rmaJrAmtnMurowinl ibr w 14F ki. New &nianre 17.613.56 Minimum Amount Due 01.617.56 Ixalmtent. Due Date September 11. ?OPt Totalendoxd 0 (- Account Number: 5178-052Y'M45-7759 Capital One Bank PO. Sax 85197 1tlnlulJdJulrlll Riclunond. VA 23276 11.I'll fill .l.fill !ililllllrllllllll1Hmnlfill II1UIIU111 .arr. At..I Cr Suu Zip Herne ann. As-- n-. a Ea.O A47i- ?. 990225158628321380 MAIL Id 14UIIBER tt ROBERT N EVANS Imo' .? 11 41 PINE ST I MOUNT HOLLY SPRINGS PA 17065-1324 ° ? imrliisnl?luallnsllluullullrmlrlllnlurllurllillrrl Islraur twifr Jas amen! namMson 3ov r1'cl; n man y wf malrrryaFlr fo Garifd Onr Dan: and mail in for rndwel nr.v/ofe VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating i to unsworn falsifications to authorities, that he/she isj (NAME) authorized agent of Capital One Bank, plaintiff herein, that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. (SIGNATURE) WWR# 6-1 7-1 J C SHERIFF'S RETURN - REGULAR CASE NO: 2008-00221 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS EVANS ROBERT M GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon the DEFENDANT , at 1345:00 HOURS, on the 15th day of January , 2008 at 11 W PINE STREET MOUNT HOLLY SPRINGS, PA 17065 by handing to ROBERT M EVANS 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 5.76 Affidavit .00 Surcharge 10.00 .00 j?aa/06 33.76 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 01/16/2008 WELTMAN WEINBERG REIS By. "e?e Deputy She ' f A. D. ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. ROBERT M EVANS Defendant No. 08-221 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. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5757399 Judgment Amount $ 3207.49 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. 08-221 CIVIL TERM ROBERT M EVANS Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, ROBERT M EVANS above named, in the default of an Answer, in the amount of $3207.49 computed as follows: Amount claimed in Complaint $2940.42 Interest from NOVEMBER 5, 2007 TO MARCH 12, 2008 at the legal interest rate of 25.90% per annum $267.07 TOTAL $3207.49 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: kl WILLIAM T. MOLCZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5757399 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: I 1 W PINE ST, MOUNT HOLLY SPRINGS PA 17065 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK..... Plaintiff Case # a?~(')U!L TC-Kyv? ROBERT M EVANS Defendant(s) IMPORTANT NOTICE TO: ROBERT M EVANS 11 W PINE ST MOUNT HOLLY SPRINGS PA 17065 Date of Notice: o?) ac. in?, WWR#: 05757399 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: TOty-r kl)ftfiu, m (j)(T)r1Ui o- PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. ROBERT M EVANS Defendant Case no: 08-221 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, ROBERT M EVANS 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, ROBERT M EVANS is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN TO AND SUBSCRIBED in my presence this -L3!y? day of NOTAR'Y PU C ?CIO 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 Page 1 of 2 Department of Defense Manpower Data Center MAR-12-2008 05:21:26 G Military Status Report Pursuant to the Servicemembers Civil Relief Act ,< Last Name First/Middle Begin Date Active Duty Status Service/Agency EVANS ROBERT 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. y6k 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/faci//r)is/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.pre-Select 3/12/2008 .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: QMWXCOXCBO https://www.dmdc.osd.mil/scra/owa/scra.prc-Select 3/12/2008 c7 rv rl i; -D "T7 15 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 08-221 CIVIL TERM ROBERT M EVANS 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 _.jb9 102 (xx) Assumpsit Judgment in the amount of $3207.49 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: P A ONOT (OR EPUTY) ROBERT M EVANS 11 W PINE ST MOUNT HOLLY SPRINGS,PA 17065 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. ROBERT M EVANS Defendant No. 08-221-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#5757399 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 08-221-CIVIL TERM ROBERT M EVANS 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. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. W brodt PA I. D #425 WELTMAN EINBERG & REIS CO., L.P.A. 1400 Kop er Building 436 Seve t Avenue Pittsbur A 15219 (412) 4 7955 WWR #5757399 Sworn to and subscribed before me this 15TH day o ember, 09 NOTAR BLIC COMMONWEALTH OF PENNSYLVANIA Nomnm sew We* L GaUIL Notary Public city or Plt sW*, ANapheny county ( *-raf1 *n Exonaa July 15, 2010 msrnw, niromis Association of Notaries FILE Y THE 2004 OY 20 Fl h 3: 3 9 06 TT T? ??? ?jl4S`2?