HomeMy WebLinkAbout08-0362i
r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff No: zwa eiva `(e.rcA
VS.
COMPLAINT IN CIVIL ACTION
JEAN M SNYDER
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
06267099 C N Pit SGM
1
J
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
VS. Civil Action No
JEAN M SNYDER
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
1
4
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:
JEAN M SNYDER
10 PINEY CT
GARDNERS, PA 17324
3. Defendant applied for and received a credit card bearing the
account number 4862362480597304 .
4. Defendant made use of said credit card and has a current balance
due of $1150.77 , 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
27.9001 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.
J
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 , JEAN M SNYDER , INDIVIDUALLY , in the amount of
$1150.77 with continuing interest thereon at the rate of 27.900% per
annum from December 06, 2007 plus costs.
James C.
WELTMAN,
436 Sev
Pittsb
(412) 3
FAX: 12
06267 99
armbroGdt,42524
W INBER & REIS CO., L.P.A.
t Avenue, Suite 2718
PA 15219
7955
38-7130
C N Pit SGM
This law firm is a debt collector attem]/tdng to collect this debt for
our client and any information obtaine ill be used for that purpose.
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a?ow PLATINUM VISA ACCOUNT
JUN 19 - JUL 19, 2006
4862-3624-8059-7304 Page 1 of 1
Account Summary Payments, Credits and Adjustments
Previous Balm" $783.15
tents
redits and Adjustments $ 00 Transactions
c $29.00
Finance Charges $18.16 1 1S JUL PAST DUE FEE $29.00
New Balance $930.31 You were assessed a past due fee of $29.00 on 07/18/2006 because your minimum payment was not
Minimum Amount Due $830,31 received by the due date of 07/18/2006. To avid this fee in the fimre, we recommend that you
Payment Due Due August 18, 2006 allow at least 7 business days for your payment to reach Capital One.
Total Credit Line $500
Total Available Credit $.00
Credit Line for Cash $500
Available Credit for Cash $.00
Atyourserviae
I. oIl Ow- RA d- or to apart a lot or Wart ord:
1-800-903-3637
Send Mister t to Send bwiv a to:
Atm: Remithrsoe Pmom S
CapinlOseBaat GpitalOse
P.O. Box 790116 P.O. Bin 30285
St Lmiy MO 63179-0216 SLC, UT 84130-0265
tAccauntlnformstion
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EXHIBIT
Finance Charges Xwexermf mimkfir,mportart
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PURCHASES $791.89 .07644%D 27.90% 218.16
too .07644%D 27.90% i.00
ANNUAL PERCENTAGE RATE applied this period 27.90%
PLEASE RETURN PORTION BELOW WITH PAYMENT
0000000 0 4862362480597304 18 0830310015000830311
P,?rpri,damr gain.aLerr-n7?eq.,kbosv6gHrr eru.?iaE
New Balance (830.31
Minimum Amount Due $930.31 sweet
Payment Due Due Augaa 18, 2006 ? a
(Se, Sties 23P
Total enclosed $ H-,P6ow ASpgaa, py-
AeeountNamber. 4862-3624-8059-7304
?.aedara
!! #9020069402158200# MAIL ID NUMBER
Capital One Bank JEAN M SNYDER
P.O. Box 790216 10 PINEY CT
St. Louis, MO 63179-0216 m GARDNERS PA 17324-8912
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VERIFICATION
CAPITAL ONE BANK
vs
SNYDER, JEAN M
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, 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
Public
4862362480597304
A049
WELTMAN, WEINBERG & REIS CO., L.P.A.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-00362 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAPITAL ONE BANK
VS
SNYDER JEAN M
JESSICA HERMANSEN , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
SNYDER JEAN M
DEFENDANT
was served upon
the
at 1711:00 HOURS, on the 23rd day'of January , 2008
at 10 PINEY COURT
GARDNERS, PA 17324 by handing to
EARL SNYDER, HUSBAND
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
laI/i k 9j
18.00
10.56
.00
10.00
.00
38.56
Sworn and Subscibed to
before me this day
of
So Answers:
R. Thomas Kline
01/24/2008
WELTMAN WEINBERG REI'S
By: AW&
De u Y Sheriff
A.D. U
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
VS.
JEAN M SNYDER
Defendant
No. 08-362 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#6267099
Judgment Amount $ 1236.97
THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
A
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
vs. Civil Action No. 08-362 CIVIL TERM
JEAN M SNYDER
Defendant
TO THE PROTHONOTARY:
PRAECIPE FOR DEFAULT JUDGMENT
Kindly enter Judgment against the Defendant, JEAN M SNYDER above named, in the default of an Answer,
in the amount of $1236.97 computed as follows:
Amount claimed in Complaint
$1150.77
Interest from 12/06/07 to 3/12/08
at the legal interest rate of 27.90% per annum $86.20
TOTAL
$1236.97
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: ` N7
WILLIAM T. M $CZAN, ESQUIRE
PA 1.D.#47437
Weltman, Weinberg & Reis Co., L.P.A.
2718 Koppers Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#6267099
Plaintiffs address is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7t' Avenue, Pittsburgh, PA 15219
And that the last known address of the Defendant is: 10 PINEY CT GARDNERS,PA 17324
10
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
JEAN M SNYDER
Defendant(s)
IMPORTANT NOTICE
TO: JEAN M SNYDER
10 PINEY CT
GARDNERS,PA 17324
Date of Notice:
WWR#: 06267099
Case # OS - ',L ? C' iViL- TtI ?M
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: rPdrJ-,L UUL'ri? 1.t=rd-V/?"'?
PATRICK THOMAS WOODMAN
PA I.D. ##34507
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 KOPPERS BLDG, 436 7TH AVE.
PITTSBURGH, PA 15219
1
IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Case no: 08-362 CIVIL TERM
Plaintiff
VS.
JEAN M SNYDER
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, JEAN M
SNYDER 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, JEAN M SNYDER is not in the military service.
Further Affiant sayeth naught.
14 1
AFFIANT
SW TO,- ND SUBSCRIBED in my presence this 0 day
of ,?
NOTARY
E r ,,
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
Department of Defense Manpower Data Center
ID Military Status Report
Pursuant to the Servicemembers Civil Relief Act
Page 1 of 1
DEC-18-2007 12:14:40
'< Last Name First/Middle Begin Date Active Duty Status Service/Agency
SNYDER JEAN 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 hanks 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.
IA.
Awt 14
Mary M. Snavely-Dixon, Director
Department of Defense - Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
The Defense ManpowerData 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://ww,% defenselink..miUfaq/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:BSWZRIPYUP
https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 12/18/2007
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
vs. Civil Action No. 08-362 CIVIL TERM
JEAN M SNYDER
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_ yblag
(xx) Assumpsit Judgment in the amount
of $1236.97 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 ONOT D UTY)
JEAN M SNYDER
10 PINEY CT
GARDNERS,PA 17324
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