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HomeMy WebLinkAbout08-2939IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: 08- acl c vs. COMPLAINT IN CIVIL HOLLY M KELLENBERGER Defendant FILED ON BEHALF OF Plaintiff VANIA mTim ACTION COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt WELTMAN, WEINBERG 436 Seventh Avenue Pittsburgh, PA 15 (412) 434-7955 FAX: 412-338-7130 06365394 C N Pit A ,42524 REIS CO., L.P.A. Suite 1400 19 ?R IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. HOLLY M KELLENBERGER Defendant Civil Action No dell- COMPLAINT AND NOTICE TO DEFEND ,VA IA .1-C/ 3 ( 4- ? 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 an 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 o the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed i 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 TELEPHO E THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFF CE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO EE. 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: HOLLY M KELLENBERGER 7 ROYAL OAK CIR CAMP HILL, PA 17011 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXXXXXX6709 4. Defendant made use of said credit card and has a current balance due of $1401.98 , 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 interes at the rate of 28.990% per annum on the unpaid balance from April 03, 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 Plainti f, Defendant has willfully failed and/or refused to pay the balance du to Plaintiff. Wherefore, the Plaintiff prays for judgment in i s favor and against Defendant , HOLLY M KELLENBERGER , INDIVIDUAL Y , in the amount of $1401.98 with continuing interest thereon a the rate of 28.9901 per annum from April 08, 2008 plus costs. James C armbro WEL EINBER 436 S Pi en h Aven Pitts urg ,7955 (412 43 -7955 FAX: 41 -338-713 063 53 4 C N Pit ,42524 & REIS CO., L.P.A. , Suite 1400 219 This law firm is a debt collector atten*ting to collect this debt for our client and any information obtained will be used for that purpose. - nron ? ?i o ro 7 _ 0 ? ? r n 0 ? y a ki D 0 - zm - now a+ N -m i ? v - o - v O r - T O n O H r ? z W > 014253 c t" HIM III J Q ° R I i ? I w f ? a+ r ?i ro ? ? bo ? ' j V s s i i ? a C07S ? q t N S. b r 9 z tl b ? O ? q ??0 0 ? ? ? ? • r p g i R 1 ? .p ? ', 3$y = FFFr??I ? ? o O O O i ? 14M3S 11 lit m R y. a I gg ts 13,E I a< > z ?apq ?. i rr g . ~I 8 VERIFICATION CAPITAL ONE BANK (USA), N.A., successor-in-interest to Capital One Bank vs KELLENBERGER, HOLLY M The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 rely falsification to authorities, that he/she is, TRACY TAYLOR, Authorized Agent, of CAPIT N.A., successor-in-interest to Capital One Bank, Plaintiff Herein, that he/she is duly author Declaration, and that the facts set forth in the foregoing Complaint in Civil Action are true his/her knowledge, information and belief. TRACY N is JAMELA SINGLETARY NOTARY PUBI-IC GEORGIA, DEKALB COUNTY MY COMMISSION EXPIRES NOV 4, 2011 4388641913696709 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. g to unswom ONE BANK (USA), d to make this I correct to the best of ,o 0 .. D -? 4 au N C4 ', 'PRY •-c 0 SHERIFF'S RETURN - REGULAR CASE NO: 2008-02939 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA NA VS KELLENBERGER HOLLY M KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KELLENBERGER HOLLY M DEFEN the DANT , at 1920:00 HOURS, on the 14th day of May 2008 at 7 ROYAL OAK CIR CAMP HILL, PA 17011 by handing to HOLLY KELLENBERGER 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 15.00 Affidavit .00 Surcharge 10.00 3/j0 0 43.00 Sworn and Subscibed to before me this __ day of So Answers: R. Thomas Kline 05/15/2008 WELTMAN WEINBERG REIS By: , -_ A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. HOLLY M KELLENBERGER Defendant No. 08-2939 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.447437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6365394 Judgment Amount $ 1472.31 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. 08-2939 CIVIL TERM HOLLY M KELLENBERGER Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, HOLLY M KELLENBERGER above named, in the default of an Answer, in the amount of $1472.31 computed as follows: Amount claimed in Complaint $1401.98 Interest from 4/8/08 to 7/14/08 at the legal interest rate of 28.990% per annum $70.33 TOTAL $1472.31 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: WILLIAM T. MOLC , ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6365394 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 7 ROYAL OAK CIR CAMP HILL, PA 17011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff HOLLY M KELLENBERGER Defendant(s) IMPORTANT NOTICE TO: HOLLY M KELLENBERGER 7 ROYAL OAK CIR CAMP HILL,PA 17011 Date of Notice: ?(p 1?:)o a w% WWR#: 06365394 Case # D$ " 4731 (;(VIL 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 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-? 6` '? BY: ?Ya1 tJ? ) YID m&tx A IAJ( 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. HOLLY M KELLENBERGER Defendant Case no: 08-2939 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, HOLLY M KELLENBERGER 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, HOLLY M KELLENBERGER is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN TO N SUBSCRIBED in my presence this 14 day of u -Ing . COMMONWEALTH OF PENNSYLVANIA Notarial Seal N Y PUBLIC' Jennifer M. Borowski, Notary Public City of Pittsburgh, Allegheny County My Commission Expires Feb. 22, 2012 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. ' Request for Military Status Department of Defense Manpower Data Center ID Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 JUL-14-2008 06:27:24 Last Name First/Middle Begin Date Active Duty Status Service/Agency KELLENBERGER HOLLY 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. Auk lot A??_ 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 name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 7/14/2008 Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: ZTZSXXKHRI https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 7/14/2008 Mi ?f 0 L? co C) q ?+ o -41 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 08-2939 CIVIL TERM HOLLY M KELLENBERGER 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 09 (xx) Assumpsit Judgment in the amount of $1472.31 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: PRO ONOTARY EP Y) HOLLY M KELLENBERGER 7 ROYAL OAK CIR CAMP HILL, FA 17011 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION APITAL ONE BANK (USA),NA Plaintiff vs. HOLLY M KELLENBERGER Defendant No.: 08-2939 CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt PA I. D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6365394 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No.: 08-2939 CIVIL TERM HOLLY M KELLENBERGER Defendant PRAEGIPE FOR SATISFACTION OF JUDGMENT At the request of the undlersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. Sworn to and sub4e 'bed before me this `\ day of August, 08 WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. rmbrodt PA I. D 5 4 WELTM N, EINBERG & REIS CO., L.P.A. 1400 pp rs Building 436 ve h Avenue Pitts ur , PA 15219 (41) 4-7955 WWR #6365394 NOTARY PUBLIC iR. c? ?; tl ? ? j- ? 7 : ?f R3 ?• ? r G } 's t7'p?+ G1 ? ? h ?? i :? .,. ?? ? , ? .? '?. .L ^? r?.,f ?.r?4 "?.