HomeMy WebLinkAbout08-2883t
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
No: 08 - ol993
vs.
WENDY L FULLERTON
Defendant
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
06377150 C N Pit SMI
IN THE COURT OF COMM014 PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
vs. Civil Action No
WENDY L FULLERTON
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:
WENDY L FULLERTON
443 W NORTH ST
CARLISLE, PA 17013
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXXXXXX3397 .
4. Defendant made use of said credit card and has a current balance
due of $1305.35 , as of April 08, 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
25.900. per annum on the unpaid balance from April 08, 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 , WENDY L FULLERTON , INDIVIDUALLY , in the amount
of $1305.35 with continuing interest thereon at the rate of 25.9006
per annum from April 08, 2008 plus costs.
James C. armbrodt,42524
WELTMAN W INBERG & REIS CO., L.P.A.
436 Se nt Avenue, Suite 1400
Pitts rgh, PA 15219
(412) 434- 955
FAX: 412- 8-7130
0637 150 N Pit SMI
This law firm is a debt collector attemptir to collect this debt for
our client and any information obtained w l be used for that purpose.
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VERIFICATION
CAPITAL ONE BANK (USA), N.A., successor-in-interest to Capital One Bank
vs
FULLERTON, WENDY L
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 L
Not u i
5178052256443397
A049
WELTMAN, WEINBERG & REIS CO., L.P.A.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-02883 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAPITAL ONE BANK (USA) NA
VS
FULLERTON WENDY L
MARK CONKLIN
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
FULLERTON WENDY L
the
DEFENDANT , at 1305:00 HOURS, on the 8th day of May 2008
at 443 W NORTH STREET
CARLISLE, PA 17013
WENDY FULLERTON
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 18.00
Service 5.00
Affidavit .00
Surcharge 10.00
.00
33.00-
Sworn and Subscibed to
before me this day
So Answers:
R. Thomas Kline
05/09/2008
WELTMAN WEINBERG REIS
By:
Dep ty S eriff
of A. D.
e ,J
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA), NA
Plaintiff No. 08-2883 CIVIL TERM
VS. PRAECIPE FOR DEFAULT JUDGMENT
WENDY L FULLERTON
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#6377150
Judgment Amount $ 1439.47
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. 08-2883 CIVIL TERM
i
WENDY L FULLERTON
Defendant
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Kindly enter Judgment against the Defendant, WENDY L FULLERTON above named, in the default of an
Answer, in the amount of $1439.47 computed as follows:
Amount claimed in Complaint $1305.35
Interest from APRIL 08, 2008 TO NOVEMBER 11, 2008
at the legal interest rate of 25.9% per annum $134.12
TOTAL $1439.47
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: e
WILLIAM T. MOLC4AN, 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#6377150
Plaintiff's address is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`f' Avenue, Pittsburgh, PA 15219
And that the last known address of the Defendant is: .443 W NORTH ST, CARLISLE, PA 17013
a
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA), NA
Plaintiff
vs. Civil Action No. 08-2883 CIVIL TERM
WENDY L FULLERTON
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
(xx) Assdmpsit Judgment in the amount
of $1439.47 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:
PR H NOT PUTY)
WENDY L FULLERTON
443 W NORTH ST
CARLISLE, PA 17013
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
I 4k
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
WENDY*L FULLERTON
Defendantl(s )
IMPORTANT NOTICE
TO: WENDY L'FULLERTON
443 W NORTH ST
CARLISLE,PA 17013
Date of Notice:
WWR#: 06377150
Case ## 2 MGVj L j?A
YOU ARE IN DEFAULT BECAUSE' YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY AT'T'ORNEY 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 AE:OUT 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 ATA REDUCED FEE OR NO FEE.
EM LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
BY : GQ' ? ko?,u?+,o W db?1 w?^-"
PATRICK THOMAS WOODMAN
?71 I.D. #34507
WELTMAN, WEINBERG & REIS CO., L.P.A.
` 1400 KOPPERS BLDG, 436 7TH AVE.
k PITTSBURGH, PA 15219
I '
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IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA), NA
Case no: 08-2883 CIVIL TERM
Plaintiff
vs.
WENDY L FULLERTON
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 ol'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, WENDY L
FULLERTON 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, WENDY L FULLERTON is not in the military service.
Further Affiant sayeth naught.
AFFIANT
SWORN TO AND SUBSCRIBED in my presence this /_5 day
0 V = An
U_A COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
TARY PUBLI Heidi J. Kelly, Notary Public
City Of Pittsburgh, Allegheny County
My Commission Bores Nov. 4, 2009
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.
Reguegt for-Military Status
Department of Defense Manpower Data Center
ID Military Status Report
Pursuant to the Servicemembers Civil Relief Act
Page 1 of 1
APR-16-2008 10:26:24
`< Last Name First/Middle Begin Date Active Duty Status Service/Agency
FULLERTON WENDY 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.
rte )4,
Mary M. 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' Civii 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: htV://www.defenselink.miUfad/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: CBKLYUESWZ
https://www.dmde.osd.mil/scra/owa/scra.prc_Select 4/16/2008
uj
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
vs.
No. 08-2883 CIVIL
PRAECIPE FOR SATISFACTION OF
JUDGMENT
WENDY L FULLERTON
Defendant(s)
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.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7999
WWR#6377150 CFR
r
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
VS.
WENDY L FULLERTON
Defendant(s)
Civil Action No. 08-2883 CIVIL
PRAECIPE FOR SATISFACTION OF JUDGMENT
At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment.
WELTMAN, WEINBERG & REIS CO., L.P.A.
Sworn to and subssccribgd
before me this
*)k of May, 09
By:
James C. W ,/niblodt, Esquire
PA I.D. # 4 24
WELTMA , W INBERG & REIS CO., L.P.A.
1400 Kop ers uilding
436 Seve t venue
Pittsburg A 15219
(412) 434-7999
WWR #6377150
Y PUBL ` COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Heidi J. Kelly, Notary Public
City Of Pittsburgh, Allegheny County
My Commission Expires Nov. 4, 2.009
Member, Pennsylvania Association, of Notaries
OF THE p '17MY
2009 JUN _S Pry 3; 4 S. oo Po ATr`/
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