HomeMy WebLinkAbout08-3931q
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA), NA
Plaintiff No: 0P- 3 9 31 Ua 1q-
vs
COMPLAINT IN CIVIL ACTION
DONNA RHOADS
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
06667877 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
DONNA RHOADS
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:
DONNA RHOADS
1812 CARLISLE RD
CAMP HILL, PA 17011
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXXXXXX6466 .
4. Defendant made use of said credit card and has a current balance
due of $5143.26 , as of May 20, 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
29.200% per annum on the unpaid balance from May 20, 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 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 , DONNA RHOADS , INDIVIDUALLY , in the amount of
$5143.26 with continuing interest thereon at the rate of 29.200% per
annum from May 20, 2008 plus costs.
J4)43 Warmbrodt,42524
WWEINBERG & REIS CO., L.P.A.
4th Avenue, Suite 1400
Ph, PA 15219
(-7955
F -338-7130
0C N Pit BLK
This law firm is a debt collector att m ing to collect this debt for
our client and any information obtain will be used for that purpose.
59riR7a
7.25% APR
Call now for rates as low as Prime,
currently 7.25% APR, and close your
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For a Home Equity Line of Credit, call
1-800-760-2493
Mon-Fri 8 a.m.-8 p.m. Sat 10 a.m.-1 p.m. ET
or apply online at
www.capitaloneharrMoans.com
Preferred Customer Number.
7890 046 282 7143
Account S
Previous Balance $2,845.13
Payments, Credits and Adjustments $2,845.13
Transactions $962.48
Finance Charges $28.37
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Apply today for your Home Equity Line of Credit from Capital Ones and
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including mortgages and refinancing offers.
`Variable annual percentage rate as published in the "Money & Investing' section of
The KWI Street Journal as of 01/30/06. Maximum APR is 18%.
Capital One is an Equal Housing Lender.
See reverse for additional important information.
i? LENDER
Home Loans
PLATINUM MASTERCARD ACCOUNT
5178-0523-6285-6466
FEB 12 - MAR il, 2006
Page 1 of 2
Payments, Credits and Adjustments
1 25 FEB CAPITAL ONE ONLINE ACH PAYMENT $2,845.13-
Transactions
New Helena 2 27 FEB CIRCUIT CITY SS *3720 MECHANICSBURG PA
Minimum Amount Due $990.85 3 11 MAR PAYMENT PROTECTION 1-SM527-6904
$29.00
Payment Due Date April 11, 2006
Total Credit Line $2,750
Total Available Credit $1,759.15
Credit Line for Cash $2,750
Available Credit for Cash $1,759.15
At your service
To all Customer Rdatio. or to report a lost or stolen std:
1-800-903-3637
Send paymeto to: Send utguiua to:
Attn: Remittance Prooneing
Capital One Bank Capital One
P.O. Box 790216 P.O. Box 30285
St Low., MO 63179-0216 SLC, UT 84130-0285
Important Account Information
Please review the enclosed privacy information and retain it
with your account records. Also visit
www.capitalone.com/aeditcards and click on the Visit the
Guide to Benefits fink to lean about your latest Visa. or
MasterCard. account benefits. The descriptions in this online
guide replace any information you received in the past. For a
prtoted copy of the Guide to Benefits, call the Customer
Relations number on the back ofyour card.
?rt
$953.99
8.49
Finance Charges Pkmrree reammJidefor important information
Rd- &,
wdM Periodic c_%;1011
no" W&
PURCHASES
CASH 5799.76
$509.79 .07737%P 28.24%
.Orn7%P 2$.24% $17.33
$11.04
ANNUAL PERCENTAGE RATE applied this period 28.24%
PLEASE RETURN PORTION BELOW WITH PAYMENT
0000000 0 5178052362856466 11 0990852845130029007
New Balance $990.85
Minimum Amount Due $29 00
Payment Due Date April 11, 2006
Total enclosed $ ---1
Account Number. 5178-0523-6285-6466
P/e to war r rAl a., V- rmaitrl j. &/-rriPWH-xxrk imkk
street Apt *..
City S" ZIP
Home Phase Al- m.,..
#9007136419686486# MAIL ID NUMBER
Capital One Bank i DONNA RHOADS
P.O. Box 790216 ???unu??llnuul?? 1812 CARLISLE RD
St. Louis, MO 63179-0216 n CAMP HILL PA 17011-5909
Plane writeyaw aaaumt number om yv check err money ordn modepayabk to CopitalOwitank and moil in the errdareAarnelopr.
r
10-day claim calculated from receipt of completed application and all required supporting documentation. $0-closing-cost option not available with lowest rate and requires
minimum loan amount of $80,000 with a $25,000 minimum draw size.
Offer intended for qualified applicants only. Terms are subject to change without notice. Not all loan products or terms are available in all states. Actual loan terms are subject
to qualification for income, credit and property. This is not a commitment to make a ban or a commitment to the :merest rate, points and fees for a loan.
® 2005 Capital One Services, inc. Capital One is a federally registered service mark. All rights reserved.
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fleece ramnmrber to Agra d1 oarespadahee,
the days in the cwmnt
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If t ecode w N they appear on Voce acfaan at the time you reawst to
close the acaart Of they are Incurred aWeprm to Ce 1M Ono npports Infomstlon privacy protection: see our
eat www.caslulanwrurn.
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appeeom the hex of cis etaummx
-x1 to 'Balace Rote Applied To,' we mdtlply tle Your request to dose three account. This may M" In
charges eppeadg myofr?coun a fteyou hew
tdh CapNtl One le a b riy rag = leaves mark of Capital
al Capor.0. All i1glrla reserved. 12003
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pie ncalved °n ep° and 12) your pew odor pom n Sur p?ocaaslrq canes by 3 p.m. Ef 111 rem PT). Pbew apow eL least Aw I6) buAnsas days br pwtd dalvery
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accossn for 1M ar ?oj tlPe?deck TM eudwdaagon apsles tPeNj drocb ??'v?edeend tw a decklN, you aWedxe r to make a arnatbne Aecuoric uahrfer dealt Ism you boric
r te make a charge agehat your bank acoont urehg tM deck, a papR deft a salsa h?an. ? bifirng cycle even If amt by eaneana ails. Ii vw carol procass the uaraur, You autlerize
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VERIFICATION
CAPITAL ONE BANK (LISA), N.A., successor-in-interest to Capital One Bank
vs
RHOADS, DONNA
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.
1
TRAC YLOR
-'? ?-I_
Notary Public
SHARON REUBENS
NOTARY SEAL
MY ONEXP 1620il
5178052362856466
A049
WELTMAN, WEINBERG & REIS CO., L.P.A.
z
V\ •7-, f7^
5L t.
:
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n
CASE NO: 2008-03931 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAPITAL ONE BANK USA N A
VS
RHOADS DONNA
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
RHOADS DONNA the
DEFENDANT , at 0010:32 HOURS, on the 12th day of July , 2008
at 1812 CARLISLE RD
CAMP HILL, PA 17011 by handing to
DANIELLE COULTER ADULT DAUGHTER OF DEFENDANT
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
,71j410P' C)-
Sworn and Subscibed to
before me this
of
So Answers:
18.00
14.00
i??
00
10.00 R. 'Thomas Kline
.00
42.00 07/14/2008
WELTMAN, WEINBERG & REIS
By - 7 -.
day Deputy Sheriff
A. D.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
vs.
DONNA RHOADS
Defendant
No.: 08-3931-CIVIL TERM
PRAECIPE FOR DEFAULT JUDGMENT
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
JAMES C. WARMBRODT, ESQUIRE
PA I.D.442524
Weltman, Weinberg & Reis Co., L.P.A.
1400 Koppers Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#6667877
Judgment Amount $ 5,447.23
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.: 08-3931-CIVIL TERM
DONNA RHOADS
Defendant
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Kindly enter Judgment against the Defendant, DONNA RHOADS above named, in the default of an
Answer, in the amount of $5,447.23 computed as follows:
Amount claimed in Complaint $ 5,143.26
Interest from 05/20/08 to 8/29/08
at the legal interest rate of 29.20% per annum $303.97
TOTAL $5,447.23
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: ?-
JAMES C. W R RODT, ESQUIRE
PA I.D.#42 4
Weltman, einb rg & Reis Co., L.P.A.
1400 Ko ers BI g.
436 Sev th A nue
Pittsbur , P 15219
(412) 4 955
WWR#6667877
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: 1812 CARLISLE RD CAMP HILL,PA 17011
IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
vs.
DONNA RHOADS
Defendant
Case no:: 08-3931-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, DONNA
RHOADS 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, DONNA RHOADS is not in the military service.
Further Affiant sayeth naught.
SWORN TO AND SUB
in my presence this 22. day
Notarial Seal
Wayne A. Jones, Notary Public
City Of Pittsburgh, Allegheny County
My Commission Expires June 29, 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.
j a
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
DONNA RHOADS
Defendant(s)
IMPORTANT NOTICE
TO: DONNA RHOADS
Date of Notice: /11. 1
1812 CARLISLE RD
CAMP HILL,PA 17011
WWR#: 06667877
Case # a ' 3 f ? UNILI
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
BY: 1 C? -- `J IACAA&0-4 W000&-W<% --
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
W Pursuant to the Servicemembers Civil Relief Act
Page 1 of 2
AUG-29-2008 08:05:56
" Last Name First/Middle Begin Date
I
Active Duty Status
Service/Agency
RHOADS DONNA 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.
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.htm1
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 8/29/2008
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1
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
vs. Civil Action No.: 08-3931-CIVIL TERM
DONNA RHOADS
Defendant
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the following
Order or Judgment was entered against you
on
(xx) Assumpsit Judgment in the amount
of $5,447.23 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 ONOTARY (OR DEPUTY ?Q
DONNA RHOADS
1812 CARLISLE RD
CAMP HILL,PA 17011
Plaintiffs address is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7t' Avenue, Pittsburgh, PA 15219
1-888-434-0085