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Home My WebLink About08-15714 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. ASHOK K AGARWAL, individually and d/b/a OM INTERNATIONAL Defendant No. 08 - 15111 6vi I Term COMPLAINT IN CIVIL ACTION 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 Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6242329 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. ASHOK K AGARWAL, individually and d/b/a OM INTERNATIONAL Defendant Civil Action No. 6)9- /s' 71 COMPLAINT IN CIVIL ACTION 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 Y COMPLAINT 1. Plaintiff is a corporation with offices in 15000 CAPITAL ONE DRIVE, RICHMOND, VA 23238. 2. Defendant is an adult individual residing at 519 COBBLER CT. MECHANICSBURG, PA 17050. 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 4115072319784933. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of FEBRUARY 1, 2008, in the amount of $4682.15. A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof. 5. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that the Cardholder Agreement between the parties provides that Plaintiff is entitled to the addition of finance charges at the rate of 28.10% per annum on the unpaid balance. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. I Y WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, ASHOK K AGARWAL, individually and d/b/a OM INTERNATIONAL individually, in the amount of $4682.15 with continuing finance charges thereon at the rate of 28.10% per annum from FEBRUARY 1, 2008 plus costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. William T. olc an, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#:6242329 cap~CW NOT PAYING YOUR DEBT 50D013 what's in your wallet? DOESN'T MAKE IT GO AWAY. In fact, even if we report your account as charged off, you'll still be responsible for paying your debt. So why not call us to see what we can do together to keep you from receiving such a serious mark on your credit record? We're here to help. Please contact us to find a solution that's right for you. You can make a payment with our &= check by phone service or speak to an associate by calling 1.800.955.6600. Make sure you call or pay the amount due on your statement wtdmin 30 days to keep your account from being charged off. ®1006 Capita! One Services, Inc. Capital One is a frderally ngutend service manic All righn werved 500013-08503 FINANCE Previous Balance Payments 8 Credits CHARGE Transactions Now Balance Minimum Payment Due Dale $3,548.35 - $0.00 + $85.85 + $35.00 = $3,869.20 5&98.{0~0 Mar. 06, 2007 Jan. 07, 2007 - Feb. 06, 2007 Page 1 of 1 KL49 W AT LW TM AVIDW Visa Business Card Account 4115-072&1978433 (f Your Account Information ARDT TOTAL CREDIT LINE $3,000.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $3,0110.00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please see reverse for important information) Balance rate Periodic Corasponding FINANCE appled to rate AAPPRR CHARGE Purchases $3,590.82 0.07712% D 28.15% $85.85 Cash $0.00 0.07712% D 28.15% $0.00 ANNUAL PERCENTAGE RATE appled this period: 26.15% ® At Your Service 1-11"7411M To call Customer Relations or to report a lost or stolen card: ® Sand payments to: Capital One, F.S.B - P.O. Box 70885 • Charlotte, NC 28272-M A Send Imprlrlm to: Capital One P.O. Box 30285, Sall Lake City, UT 84130-0285 Your account Is six Daymeals behind. L': we charge off your account due to late payments, we wit: report the charged-off, status to several national credit bureaus, and the Purchase APR as reflected on this statement will be applied to all your outstanding balances. Act now to prevent this from happenirrg. Please pay the amount due on your statement or give us a call at 1.800.955.6600. We1I work with you so you can take control of your account and start rebuilding your credit with Capital One. Rewords Summa Previous available balanow Earned this period: 0 (reflects transactions posted during this billing cycle) Available Balance: 98 Payments. Credits i Adjustments Transactions 1 06 FEB PAST DUE FEE $35.00 Under terms previously disclosed to you, some or all of your Annual Percentage Rates (APRs) have been increased alrmce your account was past due twice in the past 12 bitting cycles. K your rates have already increased, subsequent dekntprencies extended the duration of the increased rates. Remember: M we receive your minimum monlhy payment on time fa 12 consecutive billing tides, this account will be reviewed for a passible return to your No n4ntrodurtory APR. You were assessed a past due fee because your minhnum payment was not received by the due date. To avoid this lee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Capital One. - Please Note - Some of the terms of your account are changing. Please reed ttre enclosed notification. For mots Information on your Rewards: ® V i www.capitakme cordmitesmmrds Call: 1.800.228-3001 EXHIBIT 1? i Mae, 6056 506 1 7 6 070206 PAGE 1 of 2 OIBC6056 PLEASE RETURN PORTION BELOW WITH PAYMENT /-?,,, 7 4115072319784933 06 3669200000000693004 19l ie I what4 in your wallat7' Account Number: 4115-0723-1978-4933 New Balance Minimum Payment Due Date Please print address or phone number changes below using blue or black ink. $3,669.20 $693.00 Mar. O6, 2007 Address PLEASE PAY AT LEAST Home Phone ANemate Plane THIS AMOUNT E-maid address @ Amount Enclosed , e9003685903079451s MAIL ID NUMBER ASHOK K A6ARBAL OM INTERNATIONAL Capital One, F.S•B 17303 VALLEY MALL RD P.O. Box 70665 Idrrlllrrrrllrrrlrlr) HA6ERSTOYN, MD 21740-6966 Charlotte, Nc 28272-0665 ImrlJrrrlllrrtLlydllrrrrlhdJrtdlrrrlh,Llydrlrrrrrlll IrrLIlrrlrrddLrtLtIrlllrrrLrlrL,IrrhLLrLrLhrLLI Please write your account number on your check or money order made payable to Capital One, F.S.B and mall with this coupon in the enclosed envelope. ASHOK K AGARWAL V VERIFICATION CAPITAL ONE BANK vs AGARWAL, ASHOK K 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, ARYONNE MABSON, 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. ARYONNE MABSON Notary Public r? 4115072319784933 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. F * ;F o 00 O cI i 0 P11' c_' 00 .? C) ? U O Q A ) ' ? i .. i J f7 Cts -? .? %h SHERIFF'S RETURN - REGULAR CASE NO: 2008-01571 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS AGARWAL ASHOK K ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon AGARWAL ASHOK K the DEFENDANT , at 1847:00 HOURS, on the 12th day of March 2008 at 519 COBBLER COURT MECHANICSBURG, PA 17050 by handing to ASHA AGARWAL, WIFE 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 Service Affidavit Surcharge 3&10.' So Answers: 18.00 12.48 .00 10.00 R. Thomas Kline .00 ? 40.48 03/13/2008 WELTMAN WEINBERG REIS Sworn and Subscibed to before me this of By: day Deputy Sheriff A.D. . M?. 'yk, CASE NO: 2008-01571 P MECHANICSBURG, PA 17050 ASHA AGARWAL, WIFE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS AGARWAL ASHOK K ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon AGARWAL ASHOK K D/B/A OM INTERNATIONAL the DEFENDANT , at 1847:00 HOURS, on the 12th day of March , 2008 at 519 COBBLER COURT 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 Service Affidavit Surcharge 311 P/0 k SHERIFF'S RETURN - REGULAR So Answers: ' 6.00 4,1 00 00 10.00 R. Thomas Kline .00 16.00 03/13/2008 WELTMAN WEINBERG REIS Sworn and Subscibed to before me this day of By Deputy SherifF 07 A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. No. 08-1571 PRAECIPE FOR DEFAULT JUDGMENT ASHOK K AGARWAL individually and d/b/a OM INTERNATIONAL Defendant 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#06242329 Judgment Amount $ 5,226.74 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. 08-1571 ASHOK K AGARWAL individually and d/b/a OM INTERNATIONAL Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, ASHOK K AGARWAL individually and d/b/a OM INTERNATIONAL above named, in the default of an Answer, in the amount of $5,226.74 computed as follows: Amount claimed in Complaint $4,628.15 Interest from February 1, 2008 to July 18, 2008 at the interest rate of 28.10% per annum $598.59 TOTAL $5,226.74 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. W ? By: William T. Molezan, uire PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06242329 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7"' Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 519 COBBLER CT MECHANICSBURG,PA 17050 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff ASHOK K AGARWAL individually and D/B/A OM INTERNATIONAL Defendant TO: Ashok K Agarwal 519 Cobbler Ct Mechanicsburg,Pa 17050 Date of Notice: '-4 K, fi _ ! I ? t W WR#:06242329 CASE#: 08-1571 IMPORTANT NOTICE 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 NOTICE TO A 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 141RING 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. By: 7G - /neMA4 a PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN WEINBERG & REIS CO., L.P.A 1400 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 (412) 434-7955 WWR 406242329 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff CASE#: 08-1571 ASHOK K AGARWAL individually and DB/A OM INTERNATIONAL Defendant IMPORTANT NOTICE TO: Ashok K Agarwal DB/A Om International 519 Cobbler Ct Mechanicsburg,Pa 17050 Date of Notice: W WR#:06242329 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 NOTICE TO A 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. By: A"VCL4 71Yvu?- PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN WEINBERG & REIS CO., L.P.A 1400 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 (412) 434-7955 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Case no: 08-1571 NON-NH HLITARY AFFIDAVIT vs. ASHOK K AGARWAL individually and d/b/a OM INTERNATIONAL Defendant 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, ASHOK K AGARWAL individually and d/b/a OM INTERNATIONAL 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, ASHOK K AGARWAL individually and d/b/a OM INTERNATIONAL is not in the military service. Further Affiant sayeth naught. I_ vV ?? AFFIANT SWORN T A D SUBSCRIBED in presence this j' COMMONWEALTH `O PENNSYLVANIA Notarial Sea! ARY VPUB?IC , Heil a• Kelly, Notary public ?, AUV" qty Member, P?sion E?ires Nov. 4, 2p09 ylvania gssooytion 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. Rccucs? :For Military- Status Page 1 of 2 Department of Defense Manpower Data Center JUL-18-2008 08:43:35 Last Name First/Middle Begin Date Active Duty Status Service/Agency AGARWAL ASHOK K Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Military Status Report Pursuant to the Servicemembers Civil Relief Act A 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. AUY fit 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/faq/?p-is/PC..09SI,,DR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 7/18/2008 Rcoa icst for Militarti? Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: WNEJLOBDG https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 7/18/2008 Z n tD 4P- po Q qu. U ? ? (-AJti ? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 08-1571 ASHOK K AGARWAL individually and d/b/a OM INTERNATIONAL 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 e (xx) Assumpsit Judgment in the amount of $5,226.74 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 ASHOK K AGARWAL 519 COBBLER CT MECHANICSBURG,PA 17050 By:_ 5 PRO ONOTARY (OR DEP Y) DC,6 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 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 08-1571 ASHOK K AGARWAL individually and d/b/a OM INTERNATIONAL Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment w AR entered against you on OS (xx) Assumpsit Judgment in the amount of $5,226.74 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 ASHOK K AGARWAL d/b/a OM INTERNATIONAL 519 COBBLER CT MECHANICSBURG,PA 17050 By:_-8 PROT NOTARY (OR DEPUTY) 0 A?B 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