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Home My WebLink About08-29854 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: 68 - OMS `t 7err-% VS. COMPLAINT IN CIVIL ACTION LAWRENCE M WESGAITES 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 06494951 C N Pit BLK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No LAWRENCE M WESGAITES 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: LAWRENCE M WESGAITES 100 WALNUT BOTTOM RD SHIPPENSBURG, PA 17257 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXXXXXX4370 4. Defendant made use of said credit card and has a current balance due of $1081.40 , 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 28.100% per annum on the unpaid balance from April 08, 2008 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 11111 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 , LAWRENCE M WESGAITES , INDIVIDUALLY , in the amount of $1081.40 with continuing interest thereon at the rate of 28.100% per annum from April 08, 2008 plus costs. James C. rmbrodt,42524 WELTMAN WE NBERG & REIS CO., L.P.A. 436 Se nth Avenue, Suite 1400 Pittsb rgh, PA 15219 (412) 434- 955 FAX: 412 38-7130 064 495 C N Pit BLK This law firm is a debt collector atte i.ng to collect this debt for our client and any information obtaine will be used for that purpose. n c$? w r8 m L ° ° m ? arm ? 3 E ... W $A s 0 m 11 ? v m C a ? o 5i ? ? 06 0 cso w?° .. c ,# c°d6 a F-? r a 29 LLV m m CL as O o ? N EA vj U p' ? O c CD N W p K O IL 0 0000 0000 d, w W = GmG dr CO LL, Ow o?LL ? ?0 1!! U < ~ CO l-l-W Q a 00o:> Y hFUQ, ° N o0 N LU d 2e SQ o N a fi y£ ca M t Y 10 10 v? - o co ° a o< O g m ° 0 ^' $ ® all 0 A H QQQQo Q M1 Go 'D W M1 + ~ N F r l - ? M1 h ° E < < rn ?al.CL _ 4 n r H N W A IA ? oaaca ° In g °?ezw- O d r em- V O bZ M E "Li sWOcca_ - N 3 Z y • J N H .p v qp?' qE ? Q S ¢ =6 O 90 ti r 1/1 ? p O ? N o L d o ? o a a } 7 i+4 " E F 3 g w co 3 E s o M1 N b t fL ° S b2 - e o s Y Z +o" w in o N ao A. w L V d v VERIFICATION CAPITAL ONE BANK (USA), N.A., successor-in-interest to Capital One Bank vs WESGAITES, LAWRENCE M 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 T OR rke?-?' N Public JAMELA SINGLETARY NOTARY PUBLIC GEORGA, DEKALB COUNTY W COMMISSION EXPIRES NOV 4, 2011 5178052600124370 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. n o 00 go it - v ?-E 0 mr a s? -rc O ? 9.0 ? C/? ." tV } 00 00 AA J {+.:y ..yam ~ 1p4?yJ. Y ? s u3 .I ! ? • ? W SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-02985 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK USA NA VS WESGAITES LAWRENCE M R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT WESGAITES LAWRENCE M but was unable to locate Him in his bailiwick. /Y AfiT T T TTTT r TTnM T nT1 He therefore returns the NOT FOUND , as to the within named DEFENDANT , WESGAITES LAWRENCE M 100 WALNUT BOTTOM RD SHIPPENSBURG, PA 17257 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO SERVE PRIOR TO EXPIRATION. Sheriff's Costs: Docketing 18.00 Service 57.00 Not Found 5.00 Surcharge 10.00 .00 4/i?IDP 90.00 So answers: ?y. owl. --?f R. Thoma Kline Sheriff of Cumberland County WELTMAN WEINBERG REIS 06/12/2008 Sworn and Subscribed to before me this day of A. D. r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. No. 08-2985-CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE LAWRENCE M WESGAITES 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) 434-7955 WWR#6494951 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 08-2985-CIVIL TERM LAWRENCE M WESGAITES Defendant(s) PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR: Kindly settle, discontinue and end without prejudice to refile the above-captioned matter upon the records of the Court and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A By: James C. W rodt, Esquire PA I.D. #435 WELTMAN EINBERG & REIS CO., L.P.A 1400 Kopp s uilding 436 Seven venue Pittsburg , A 15219 (412)43 955 SWORN TO AND SUBSCRIBED before me this I aka day of , 2009 N ARY P IC COMMONWEALTH OF PENNSYLVANIA Notww Seal City A. Jones, Notary Public ?lbburah, A6e9heny County MY Commr gm EOW June 20, 2040 Member. Pennsy!?Awoda_ aw ter ';est... ?4{ NORMA FRAME, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CARLISLE HMA, INC., t/d/b/a CARLISLE REGIONAL MEDICAL CENTER, DEFENDANT NO. 08-2895 CIVIL IN RE: DEFENDANT'S MOTION FOR SUMMARY JUDGMENT BEFORE OLER, J., GUIDO, J. AND EBERT, J. ORDER OF COURT AND NOW, this 12th day of April, 2010, upon consideration of the Defendant's Motions for Summary Judgment or in the Alternative, Partial Summary Judgment, the Plaintiff's Response thereto, the briefs filed by the parties and after oral argument held on March 31, 2010, IT IS HEREBY ORDERED AND DIRECTED that the Defendant's Motions for Summary Judgment or in the Alternative, Partial Summary Judgment are DENIED. , Neil Rovner, Esquire Attorney for Plaintiff ?phanie Hersperger, Esquire Attorney for Defendant bas Qof;er ? Allia/ to =rq By the Court, M. L. Ebert, Jr., J. r C? o =-r i G?