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Home My WebLink About08-2795 N TN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE 13ANK ( USA) , NA Plaintiff No: ?ivi( (e.r r-% Vs COMPLAINT IN CIVIL ACTION MICHAEL V HUFNAGLE 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 1400 Pittsburgh, PA 15215 (412) 434-7955 FAX: 412-338-7130 06385925 C N Pit SMI t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No MICHAEL V HUFNAGLE 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: MICHAEL V HUFNAGLE 608 W LOUTHER ST CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXXXXXX1914 . 4. Defendant made use of said credit card and has a current balance due of $1713.02 , as of March 28, 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 28.100% per annum on the unpaid balance from March 28, 2008 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit I'll, 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 , MICHAEL V HUFNAGLE , INDIVIDUALLY , in the amount of $1713.02 with continuing interest thereon at the rate of 28.100% per annum from March 28, 2008 plus costs. James C. mbrodt',42524 WELTMAN, E BERG & REIS CO., L.P.A. 436 Seve th Avenue, Suite 1400 Pittsbu gh PA 15219 (412) 34 955 FAX: 2 38-7130 06385 2 C N Pit SMI This law firm is a debt collector attempng to collect this debt for our client and any information obtained ill be used for that purpose. ? ? ? a wo C ? ?t? ?Q ?ROr 3 W rn ?9 Q * Scc ?•.1? m CT A ? zo. -"r. to $$ -0 x Q 3 7 g N . q . o- . a F ? O d $ u 2 O ? J ? if a y r M r ? _ O m h1 ~ 2 ? OD O v ?* x a s D ?^ '? a y n A P i t m p ? ? C N m a ? ?, c n R m w F G? Imo=N ? c J C S N MiYO. 3 .o H P1 r -r rri Q o W D m Imo a 7 v ASSN >IMC ? ? J m Y V ? Y 2Y ?1 3 O CS?GN _ w r-0 N N W r1l N N > P 0 y W m i z q a f ? o a ?! s A 2 C3 N o f. g A 0 0 x ? P J1 Cal T mr m ?88g3? oo 00 & 0C7 O O 8 m N m Cf sdil 88 mm iii gN A Y' Z' Uf A i n? m ? m c 3 a ?m I? 60 ? am g ATDO IPA mpm? 2 rz- c ? c nm 3 Q? rn N=O S 'A NNN IJ V1 N CA T8?8 0808 in 8 ' e N • O N p S O ? O ? C9 + Gl zz mm 40 S a II EA + Al ? d O m 46* ... 16 A A 3 A V Z v e r • -? gvg ON S O T t VERIFICATION CAPITAL ONE BANK (USA), N.A., successor-in-interest to Capital One Bank vs HUFNAGLE, MICHAEL V 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 1; .YLOR Notary Public JAMELA SINGLETAW NOTARY PUBLIC GEORGIA, DEKALB G"rl MY COMMISSION EXPIRES NOV 4, 2011 5178052621731914 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. ? ? n o o R? O L W b O O -J ?T y, T, ?a cip SHERIFF'S RETURN - REGULAR CASE NO: 2008-02795 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA NA VS HUFNAGLE MICHAEL V WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE HUFNAGLE MICHAEL V was served upon the DEFENDANT , at 2113:00 HOURS, on the 9th day of May 2008 at 608 W LOUTHER STREET CARLISLE, PA 17013 AMANDA BEDWELL, DAUGHTER 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 5-11q16 P /" " 18.00 5.00 .00 10.00 .00 33.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 05/12/2008 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. MICHAEL V HUFNAGLE Defendant No. 08-2795 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C WARMBRODT, ESQUIRE PA I.D.#42524 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06385925 t.xR Judgment Amount $ 1803.19 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. Civil Action No. 08-2795 CIVIL TERM MICHAEL V HUFNAGLE Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, MICHAEL V HUFNAGLE above named, in the default of an Answer, in the amount of $1803.19 computed as follows: Amount claimed in Complaint $1713.02 Interest from MARCH 28, 2008 TO JULY 8, 2008 at the legal interest rate of 28.100% per annum $90.17 TOTAL $1803.19 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: -1 // JAMES C W RODT, ESQUIRE PA I.D.#42524 Weltman, W n )erg & Reis Co., L.P.A. 2718 Koppe B dg. 436 Seven Av nue Pittsbur , P 15219 (412) 43 -79 5 W WR# 63 925 Plaintiff's 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: 608 W LOUTHER ST CARLISLE,PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No. 08-2795 CIVIL TERM MICHAEL V HUFNAGLE Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Ord=1g, dgment was entered against you on la t (xx) Assumpsit Judgment in the amount of $1803.19 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: /s/ &4 l PROTHONOTARY (OR DEPUTY) MICHAEL V HUFNAGLE 608 W LOUTHER ST CARLISLE,PA 17013 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`b Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff Case # 0LZlq--?'?1)(L TIERYn MICHAEL V HUFNAGLE Defendant(s) IMPORTANT NOTICE TO: MICHAEL V HUFNAGLE 608 W LOUTHER ST CARLISLE,PA 17013 Date of Notice: 0 S, WWR#: 06385925 YOU ARE :_N DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY ARID Fl-`jE 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 NITHOUT 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: ` i ? ,.cam ! kmD 0100- ?- 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 (USA),NA Plaintiff VS. MICHAEL V HUFNAGLE Defendant Case no: 08-2795 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, MICHAEL V HUFNAGLE 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, MICHAEL V HUFNAGLE is not in the military service. Further Affiant sayeth naught. AFFIANT SS WORNAA.f? ?SUB^ ( !A- D in my presence this I_ day ` COMMONWEALTH OF PENNSYLVANIA NO ARY PU IC Notarial Seal Wendy L. Gault, Notary Public City Of Pittsburgh, Allegheny County My Commission Expires July 15, 2010 Member, Pennsylvania Association 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. LXR Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act RJI.,-08-2008 11:44:37 '< Last Name First/Middle Begin Date Active Duty Status Service/Agency FTUFNAGI:.E MICHAEL 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. &Vt 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/pis/PC09SLDR html WARNING: This certificate was provided based on a naive and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 7/8/2008 LXR by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: BBUt AK,CBHAE https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 7/8/2008 tt cI W f WELTMAN, WEINBERG & REIS CO., L.P.A. sP BY: Sarah E. Ehasz, Esquire Attorney for Plaintiff(s) , I.D. No.86469 436 Seventh Avenue, Suite 1400 -st Pittsburgh, PA 15219 434 7955 412 Ph W . . one: ?G Fax: 412.434.7959 # 6385925 Fil t-- .p G e CAPITAL ONE BANK (USA),NA Plaintiff Cumberland County Court of Common Pleas vs. NO. 08-2795 CIVIL TERM MICHAEL V HUFNAGLE Defendant(s) PRAECIPE FOR SATISFACTION OF JUDGMENT TO THE PROTHONOTARY: Please kindly Satisfy the Judgment of the above-captioned matter upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By r Sarah E. Ehasz, squire Attorney for Plaintiff o ? ? ? sa -7970 MICHAEL V HUFNAGLE 608 W LOUTHER ST CARLISLE, PA 17013