HomeMy WebLinkAbout08-2880
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
VS.
AMANDA SUMMERS
No: 0ia ^ ass6 0COMPLAINT IN CIVIL ACTION
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 15219
(412) 434-7955
FAX: 412-338-7130
06478698 C N Pit ABR
ON COUNTY, PENNSYLVANIA
IN THE COURT OF COMMON PLEASCIF CUMBERLAND
CAPITAL ONE BANK (USA),NA
Plaintiff
vs.
AMANDA SUMMERS
Defendant
Civil Action No
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
THE OFFICE SET
HAVE A LAWYER OR CANNOT OUT ONE, GO
GET LEGAL HELP.
FORTH BELOW TO FIND O
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WIPERSONSIAT ABOUT FEE OFFER LEGAL
SERVICES TO ELIGIBLE
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:
AMANDA SUMMERS
32 OAK AVE
CAMP HILL, PA 17011
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXXXXXX5230 .
4. Defendant made use of said credit card and has a current balance
due of $1280.06 , 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
28.150% per annum on the unpaid balance from March 27, 2008 . A copy
of Plaintiff's STATEMENT OF ACCO UNT 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 , AMANDA SUMMERS , INDIVIDUALLY , in the amount of
$1280.06 with continuing interest thereon at the rate of 28.150% per
annum from March 27, 2008 plus costs.
James rmbroaL,?????
WELT , WE NBERG & REIS CO., L.P.A.
436 S enth Avenue, Suite 1400
Pitts urgh, PA 15219
(412 434- 955
FAX: 412- 38-7130
064 869 C N Pit ABR
This law firm is a debt collector atte p 'ng to collect this debt for
our client. and any information obtain d ill be used for that purpose.
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VERIFICATION
CAPITAL ONE BANK (USA), N.A., successor-in-interest to Capital One Bank
vs
SUMMERS, AMANDA the
relating to
4904
18 Pa
unsworn The undersigned does hereby verify
that he he s, TRACY TAYILOR, Author zed Agent, of CAPITAL ONE BANK (USA),
make
d to
falsification authorities,
this uccessor-in-interest Capital oh One in Be f Plaintiff Herein, he/she is duly in Civil Action are authorize
and cor ect to the best of
N.A., s
Declaration, , and and that the facts set et f
his/her knowledge, information and belief.
TRACY L
Nota lic
viv4'2uai
5178051931295230
A049
WELTMAN, WEINBERG & REIS CO., L.P.A.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-02880 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAPITAL ONE BANK (USA) NA
VS
SUMMERS AMANDA
WILLIAM CLINE
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
SUMMERS AMANDA
the
DEFENDANT
at 32 OAK AVE
, at 1904:00 HOURS, on the 7th day of May , 2008
CAMP HILL, PA 17011
AMANDA SUMMERS
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
51141c, P L;,
18.00
14.00
.00
10.00
.00
42.00
Sworn and Subscibed to
before me this
day
So Answers:
R. Thomas Kline
05/08/2008
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.
AMANDA SUMMERS
Defendant
No. 08-2880 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#06478698
Judgment Amount $ 1345.57
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. 08-2880 CIVIL TERM
AMANDA SUMMERS
Defendant
TO THE PROTHONOTARY:
PRAECIPE FOR DEFAULT JUDGMENT
Kindly enter Judgment against the Defendant, AMANDA SUMMERS above named, in the default of an
Answer, in the amount of $1345.57 computed as follows:
Amount claimed in Complaint
$ 1,280.06
Interest from 03/27/08 to 07/09/08
at the legal interest rate of 28.150 % per annum $65.51
TOTAL
$1345.57
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: ?&L I
WILLIAM T. MOLCZ , 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#06478698
Plaintiff's address is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7 b Avenue, Pittsburgh, PA 15219
And that the last known address of the Defendant is: 32 OAK AVE
CAMP HILL,PA 17011
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA), NA
Plaintiff
VS. Civil Action No. 08-2880 CIVIL TERM
AMANDA SUMMERS
Defendant
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the following
Order Judgment was entered against you
on d00
(xx) Assumpsit Judgment in the amount
of $1345.57 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
PRO H NOTARY (OR DEPU Y)
By: e
AMANDA SUMMERS
32 OAK AVE
CAMP HILL,PA 17011
Plaintiff's address is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 70' Avenue, Pittsburgh, PA 15219
1-888-434-0085
IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA), NA
Plaintiff
VS.
AMANDA SUMMERS
Defendant
Case no: 08-2880 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 afEant's belief that the Defendant, AMANDA
SUMMERS 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, AMANDA SUMMERS is not in the military service.
Further Affiant sayeth naught.
E/? L
AFFIANT
SW RN TO AND SUBSCRIBED in my presence this _L _fiday
of ?
COMMONWEALTH OF PENNSYLVANIA
NOT Y PUBL Notarial Seal
Wendy L. Gault, Notary Public
City Of Pittsburgh, Allegheny County
MY Commission Expires July 15, 2010
Member, Pennsylvanir , ;;Ciation 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.
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
AMANDA SUMMERS
Defendant(s)
IMPORTANT NOTICE
TO: AMANDA SUMMERS
32 OAK AVE
CAMP HILL,PA 17011
Date of Notice:
?5
WWR#: 06478698
Case # ?88o c tvi? t1?'?
YOU ARE IN DEFAULT BECAUSE YOU HAVE FkILED TO EN'T'ER 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: ( ?\ WW%WVo'-
Qq _=
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
JUL-09-2008 08:54:52
-G Last Name First/Middle Begin Date Active Duty Status Service/Agency
SUMMERS AMANDA 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. 4A4-
Aftut 14 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. 55 501 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 7/9/2008
Request for Military Status
Page 2 of 2
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.defens..e{mkmi{Ifaq/pis/PCQ95l.DR html
WARNING: This certificate was provided based on a name and Social Security number
(55N) provided by the requester. Providing an erroneous name or 55N will cause an
erroneous certificate to be provided.
Report ID:BKOVVMEDZTK
https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 7/9/2008
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WELTMAN, WEINBERG & REIS CO., L.P.A.
BY: Sarah E. Ehasz, Esquire Attorney for Plaintiff(s)
I.D. No.86469
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
Phone: 412.434.7955
Fax: 412.434.7959
File # 6478698
CAPITAL ONE BANK (USA),NA
Plaintiff
c _..a
M
- C: =X ;
CUMBERLAND County
Court of Common Pleas
vs.
NO. 08-2880 CIVIL TERM
AMANDA SUMMERS
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
-4
Sarah E. Ehasz, Esquire
Attorney for Plaintiff
Sworn to and subscribed
Before me the- day of 9 2012
OTARY PUBLIC
COMMONW N Of PROM MIA
Notarial Sul
Sheila G. Bevan, Notary Publk
Ross Twp„ ANao" County
My Commission eOM Nov. 15, 2034
+'F.ra, ER, -555.-sywmm Asso(IAnrm 6F NOTARIES
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