The URL can be used to link to this page

Home My WebLink About08-0361IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: og- 3(p? l..?Vi lTerM VS. COMPLAINT IN CIVIL ACTION SONYA L SHEAFFER 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 06240996 C N Pit SGM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No SONYA L SHEAFFER 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: SONYA L SHEAFFER 35 SAINT JOHNS RD CAMP HILL, PA 17011 3. Defendant applied for and received a credit card bearing the account number 4388641736470019 . 4. Defendant made use of said credit card and has a current balance due of $1338.35 , as of December 06, 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 28.4900 per annum on the unpaid balance from December 06, 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 , SONYA L SHEAFFER , INDIVIDUALLY , in the amount of $1338.35 with continuing interest thereon at the rate of 28.490% per annum from December 06, 2007 plus costs. JameJeenth Wa mbrodt,42524 WELTWE NBERG & REIS CO., L.P.A. 436 Se V, Avenue, Suite 2718 Pittgh PA 15219 (4124- 955 FAX: 38-7130 0624 C N Pit SGM This law firm is a debt collector atteng to collect this debt for our client and any information obtaine ill be used for that purpose. First 3 months half-price 97 a man114 1 1 $9.96/mo. ownwiter Now w/tb FREE Accelerator for the flxat 12 mond a*-a '80 rsasAie SIGN UP TODAYI ' 1-877-778-1207 Mention Otter Code: GARNET Or visit www.peoplepe.com/go/gamet low PLATINUM VISA ACCOUNT 4388-6417-3647-0019 Account 003 peoplepc- online U 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 months! 19 Virus Protection powerw by swnwrtec- ® Pop-Up Ellocker"m * Spam Controls aw S Smarter Smart Dialer Technology ® [W More Email Addresses ® Internet Call Waiting APR 04 - MAY 03, 2006 Pageldl Payments, C-dits and Adjustments kTevwm twiance, $86530 P mnx CCrediw and Adjustments $.00 $ I. Charges 0-50 New Balance $920.80 Minimum Amount Due $920.80 Payment Due Due June 03, 2006 Total Credit Line $500 Total Available Credit $.00 Credit Line for C26 $500 Available Credit for Cash $.00 Atyow9mTke T. nB Caftmer RA.6ow -to rgwn. kd -ae.ka cu& 1-800-903-3637 For free online wea at.eniae *ad.pmg awww 4$ n4 US on to: waaonpiuloseoom Send paymarb to: Send iagei6a t. Atm: Remhnsa Proeneiag Copinl One Bank Capm oft P.O. Bm 790216 P.O. Box 30285 St Lade, MO 63179-0216 SLC, UT 94IM- 2aS tXHIBfT F-== Charges Pk"im r~.wndrfar iarow arttsirgjbkxwj tam a. Pawl CffARGE Qm HASES s875.36 O"MP 28.1941 $20.50 8.00 O"MP 'NAW a.00 ANNUAL PERCENTAGE RATE applied this period 28.4991 PLEASE RETURN PORTION BELOW WITH PAYMENT V ?0000000 0 4388641736470019 03 0920800015000920803 New Balance $92090 Minimum Amount Dan $920.80 Payment Due Due June 03, 2006 Total enclosed $ Amount Number. 43"-"17-36C-M9 Capital One Bank P.O. Box 790216 ?s?u?us??s?sln?n11 St. Louis, MO 63179-0216 111111111111 1ns11s11nus11s11u1u1s1 Tntnsxdo>m 1 03 MAY CAPITAL ONE MONTHLY MEMBER FEE $6.00 2 03 MAY PAST DUE FEE 29.00 You were asomed a past due fee of $29.00 on 05/03/2006 because yow minimum paymeat was not received by the due date of 05/03/2006. To avoid this fee in the fintve, we recommend that you allow at least 7 business days for your payment to reach Capital One. A4arfrurrmeTmrdiea.rYre-mnTadrq?a Jrb-mgrll a ;&* wk snea Apt # cry s_ z7P Home Phone Ahemeu Phme 0 Fmu7Addr- #9012431166392443# MAIL ID NUMBER SONYA L SHEAFFER 35 SAINT JOHNS RD c CAMP HILL PA 17011-6940 o ? o II? Pk" to kYoar armrart sammher ors yor ehmi w ewney wdn erode fwynbk M Gfital0a 1-k m+d -.d,a the eerlarrdemrrlofe, VERIFICATION CAPITAL ONE BANK vs SHEAFFER, SONYA 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, MAISHA DAVIS, 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. MAISHA DAVIS Not "fic Nr`.''^.. PJ !'; N,31b COunry, Georgia ";" L ;,,mi s cn Ezp res January 19, 2009 4388641736470019 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 06 O 0 1 ?? 1 ( 0 0 SHERIFF'S RETURN - REGULAR CASE NO: 2008-00361 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPTIAL ONE BANK VS SHEAFFER SONYA L MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SHEAFFER SONYA L the DEFENDANT , at 1916:00 HOURS, on the 29th day of January , 2008 at 35 SAINT JOHNS ROAD CAMP HILL, PA 17011 SONYA SHEAFFER by 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 18.00 Service 13.44 Affidavit .00 Surcharge 10.00 .00 d?DS?b F 41.44 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 01/30/2008 FWe WELTMAN WEINBERG By. utv 5neri A. D. O r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. SONYA L SHEAFFER Defendant No. 08-361 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.447437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06240996 Judgment Amount $ 1459.53 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. P IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 08-361 CIVIL TERM SONYA L SHEAFFER Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, SONYA L SHEAFFER above named, in the default of an Answer, in the amount of $1459.53 computed as follows: Amount claimed in Complaint $1,338.35 Interest from 12/06/07 to 3/31/08 at the legal interest rate of 28.490 % per annum $121.18 TOTAL $1459.53 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. WWR#06240996 By: WILLIAM T. MOL AN, ESQUIRE PA 1.D.#47437 Weltrnan, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 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: 35 SAINT JOHNS RD CAMP HILL,PA 17011 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Case no: 08-361 CIVIL TERM Plaintiff VS. SONYA L SHEAFFER 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, SONYA L SHEAFFER 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, SONYA L SHEAFFER is not in the military service. Further Affiant sayeth naught. ?V AFFIANT SWORN TO AND SUBSCRIBED in my presence this _12ay 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. I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff SONYA L SHEAFFER Defendant(s) IMPORTANT NOTICE TO: SONYA L SHEAFFER 35 SAINT JOHNS RD CAMP HILL,PA 17011 Date of Notice: ry a b o /O8 WWR#: 06240996 Case # Oy -,`5C 1 C [UI L G RM 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 : t Hcrvu wl LL*od o,-- 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 1 of 2 MAR-31-2008 07:49:35 -; Last Name First/Middle Begin Date Active Duty Status Service/Agency SHEAFFER SONYA L 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. 41all Fn 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. SS 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 3/31/2008 Request for Military Status Page 2 of 2 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/fact/pis/PC095LDR.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: WMAN.MCCA https://www.dmdc.osd.mil/scro/owo/scra.prc_Select 3/31/2008 7 0 ? (D , - ^ lP" O 00 6' cl L. , ":: lTi Fr, 00 J ?` W ca 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 08-361 CIVIL TERM SONYA L SHEAFFER Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order o Ju gment was entered against you on (xx) Assumpsit Judgment in the amount of $1459.53 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 NOTAR EPU ) SONYA L SHEAFFER 35 SAINT JOHNS RD CAMP HILL,PA 17011 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