HomeMy WebLinkAbout08-2685s
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
VS.
FRANCISCO B MARTINEZ
Defendant
No: 0- ;2&5,5'
2& 5, &?
COMPLAINT IN CIVIL ACTION
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 1400
Pittsburgh, PA 15219
(412) 434-7955
FAX: 412-338-7130
06488099 C N Pit SMI
IN !SHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
VS. Civil Action No
FRANCISCO B MARTINEZ
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 (USA),NA is a corporation with offices
at 15000 CAPITAL ONE DRIVE RICHMOND , VA 23238 .
2. Defendant is adult individual(s) residing at the address listed
below:
FRANCISCO B MARTINEZ
293 FROST RD
GARDNERS, PA 17324
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXXXXXX0824 .
4. Defendant made use of said credit card and has a current balance
due of $1227.48 , as of March 27, 2008 .
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
29.200% per annum on the unpaid balance from March 27, 2008 . A copy
of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1" 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 , FRANCISCO B MARTINEZ , INDIVIDUALLY , in the
amount of $1227.48 with continuing interest thereon at the rate of
29.200% per annum from March 27, 2008 plus costs.
James C armbrodt,42524
WELT EINBERG & REIS CO., L.P.A.
436 Se en h Avenue, Suite 1400
Pitts rg , PA 15219
(412) 43 -7955
FAX: 41 -338-7130
064 80 9 C N Pit SMI
This law firm is a debt collector atte ing to collect this debt for
our client and any information obtain will be used for that purpose.
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VERIFICATION
CAPITAL ONE BANK (USA), N.A., successor-in-interest to Capital One Bank
vs
MARTINEZ, FRANCISCO B
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, TRACY TAYLOR, Authorized Agent, of CAPITAL ONE BANK (USA),
N.A., successor-in-interest to 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.
TRACY R
Nota u i
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P O i A
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WELTMAN, WEINBERG & REIS CO., L.P.A.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-02685 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAPITAL ONE BANK USA NA
VS
MARTINEZ FRANCISCO B
STEVE BENDER
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
MARTINEZ FRANCISCO B
was served upon
the
DEFENDANT , at 0018:30 HOURS, on the 6th day of May , 2008
at 293 FROST ROAD
GARDNERS, PA 17324
TT'1TATf TOf1n MADTT'K7V7
DEFENDANT
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 18.00
Service 12.00
Affidavit .00
Surcharge 10.00
.00
40.00
Sworn and Subscibed to
before me this day
So Answers:
R. Thomas Kline
05/07/2008
WELTMAN, WEINBERG & REIS
By:
Deputy Sheriff
of A. D.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA), NA
Plaintiff
VS.
FRANCISCO B MARTINEZ
Defendant
No. 08-2685 CIVIL
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#06488099
Judgment Amount $ 1294.11
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 (USA), NA
Plaintiff
VS.
FRANCISCO B MARTINEZ
Defendant
TO THE PROTHONOTARY:
Civil Action No. 08-2685 CIVIL
PRAECIPE FOR DEFAULT JUDGMENT
Kindly enter Judgment against the Defendant, FRANCISCO B MARTINEZ above named, in the default of
an Answer, in the amount of $1294.11 computed as follows:
Amount claimed in Complaint
$1,227.48
Interest from 03/27/08 to 07/16/08
at the legal interest rate of 29.200% per annum $66.63
TOTAL
$1294.11
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:
WILLIAM T. MOIZAN, 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#06488099
Plaintiff's address is:
c/o Welt nan, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7s` Avenue, Pittsburgh, PA 15219
And that the last known address of the Defendant is: 293 FROST RD
GARDNERS,PA 17324
IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA), NA
Case no: 08-2685 CIVIL
Plaintiff
vs.
FRANCISCO B MARTINEZ
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, FRANCISCO
B MARTINEZ is not in the military service.
Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data
Center (, N4DC), which states that the Defendant, FRANCISCO B MARTINEZ is not in the military service.
Further Affiant sayeth naught.
AFFIANT
SW TO AND SUBSC D in my presence this Aj day
of ?.
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Nle?rrib<.s,,- r?=:..?.?.,c> .?a?.??noti?t,r'se
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.
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
FRANCISCO B MARTINEZ
Defendant(s)
IMPORTANT NOTICE
TO: FRANCISCO B MARTINEZ
293 FROST RD
GARDNERS,PA 17324 116A
Date of Notice : ?[)
WWR# : 06488099
Case #Q6 _2LO155 CIVIL
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FINE 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 E 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 : ?C Ira' j[ ?
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 Def ense Manpower Data Center
Military Status Report
Pursuant to the Servicemembers Civil Relief Act
Page 1 of 2
JUL-16-2008 07:35:16
C Last Name First/Middle Begin Date Active Duty Status Service/Agency
MARTINEZ FRANCISCO B Based on the information you have furnished, the DM DC
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.
Alt
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 7/16/2008
Request for Military Status Page 2 of 2
. w
If you obtain further information about the person ( e.g., an 55N, 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/fQQ/pis/PC095LdR html
WARNING: This certificate was provided based on a name and Social Security number
(55N) provided by the requester. Providing an erroneous name or SSN will cause an
erroneous certificate to be provided.
Report ID: TES.SFP,TDR,4
https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 7/16/2008
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA), NA
Plaintiff
VS. Civil Action No. 08-2685 CIVIL
FRANCISCO B MARTINEZ
Defendant
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the following
Order or Jud ent was entered against you
on o O
(xx) Assumpsit Judgment in the amount
of $1294.11 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: K. " 10 Lo
PR ?(OR DEPUT )
FRANCISCO B MARTINEZ
293 FROST RD
GARDNERS,PA 17324
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