Loading...
HomeMy WebLinkAbout08-4188w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. CHRISTINE ERICKSON C & R TRANSPORTATION INC Defendants -?Z? No. 08 - J 1 SS 0,'. 1., I COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.Y.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR#06437032 L IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL, ONE BANK Plaintiff vs. Civil Action No. CHRISTINE ERICKSON C & R TRANSPORTATION INC Defendants D 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 warped 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 CUMBERLAND COUNTY i LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 232381. Plaintiff is a corporation with offices at 15000 CAPITAL ONE, DRIVE RICHMOND, VA . 2. Defendant, C & R TRANSPORTATION INC, is a Pennsylvania corporation with a last known address of 2 MOORELAND AVENUE MOUNT HOLLY,PA 17065 . 3. Defendant, CHRISTINE ERICKSON, is an adult individual with a last known address of 2 MOORELAND AVENUE MOUNT HOLLY,PA 17065 4. Defendants applied for and received a credit card issu?d by Plaintiff bearing the account number XXXXXXXXXXXX5447. 5. Defendants made use of said credit card and has a current balance due and owing to Plaintiff, as of May 29, 2008, in the amount of $6,820.66. A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof. 6. Defendants are in default of the terms of the cardhdlder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. I i 7. Plaintiff avers that the Cardholder Agreement between the parties provides the Plaintiff is entitled to the addition of finance charges at the rate of 28.10% per annum on the unpaid balance. 8. Although repeatedly requested to do so by Plaintiff, Defendants have willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff prays for judgment in its favor and against Defendants, CHRISTINE ERICKSON and C & R TRANSPORTATION INC jointly and severally, in the amount of $6,820.66 with continuing interest thereon at the rate of 28.10% per annum from May 29, 2008 plus costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. 4'.)111 William T. Mfczo, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR#:06437032 k E ? w L O co CE Cl) a ? m ? Qe Z fR r II r L a C so 69. s? + a WW CO 'M a. .e ° o O N 40 ? e 0 IL Q I s Lo m M p ? In ON m 7 d o? 6 ? o a ° E c E m a? ? a ER v ? ?gg fit d F? a 8?8m 0AWA 49 NNw WIN oo j N oo 00 8 W V s yQS C ? U Lu FmOU ? WO gIYU _ UQtZm FFWQ OOU< ? r o p E N E Q =a Q? A a u? 0 RJ O m m a g O U m ..o 00 a a m 0 n N N b 1 -- X W It c O Ln a o S _ CD a K - p g m p P g z ul N o O 3 m H z .? _- g ?j - M J H A H Z J SNS = F r Q AUO 6 .'I W O C r'IV d7 r - a .0 W R be - r ? ? A Y F s ?zJ - 6 M1 W F 4 J ? V S M1 H K W S E NF z = o z' r Im' • V V N t w R N 0 3 M s$ i N O 00 s 8 ~ N c3i < M1 L. Y r N c O a o 79 ro C M1 r _ C CO W„ O x .,ri q LC) y m O m O ? ce . W to r ) VERIFICATION CAPITAL ONE BANK (USA), N.A., successor-in-interest to Capital One Bank vs ERICKSON, CHRISTINE The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn 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. TRAC AYLOR Notary Public A.RYONNE MA ON fir, . i t r ?!A 4802132428805447 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. r* I. d N C m r7 Ml - _ Y {:. otr3 SHERIFF'S RETURN - REGULAR CASE NO: 2008-04188 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK ERICKSON CHRISTINE ET AL MICHELLE GUTS LL , Sheriff or Deputy Sheriff of Cumberland Cou ty,Pennsylvania, who being duly sworn according to law, says, the with?n COMPLAINT & NOTICE was served upon ERICKSON CHRISTINE the DEFENDANT at 1959:00 HOURS, on the 21st day of July 2008 at 2 MOORELAND AVENUE MT HOLLY SPRIN?S, PA 17065 by handing to CHRISTINE ERICKSON a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. I Sheriff's Costs: So Answers: Docketing 18.00 j Service 6.00 '?:'? Affidavit 00 Surcharge 10.00 R. Thomas Kline .00 34.007/22/2008 WELTMAN WEINBERG REIS 71la1os Sworn and Sub cibed to B : before me thi day Deputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008104188 P COMMONWEALTH IIOF PENNSYLVANIA: COUNTY OF CUM ERLAND CAPITAL ONE BANK VS ERICKSON CHRISTINE ET AL MICHELLE GUTS LL , Sheriff or Deputy Sheriff of Cumberland Co nty,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon C&R TRANSPORTATION INC DEFENDANT at 2 MOORE the at 1959:00 HOURS, on the 21st day of July 2008 AVENUE MT HOLLY SPRINGS, PA 17065 CHRISTINE ERI KSON, OWNER, by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Cost Docketing Service Affidavit Surcharge Sworn and Sub cibed to before me this of So Answers: 6.00 .00 .00 10.00 R. Thomas Kline .00 16.00 07/22/2008 WELTMAN WEINBERG REIS By: day Deputy Sheriff A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. No. 08-4188-CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT CHRISTINE ERICKSON C AND R TRANSPORTATION INC Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D.#90963 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh. PA 15219 (412) 434-7955 WWR#06437032 Judgment Amount $ 7,440.27 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 Plaintiff vs. CHRISTINE ERICKSON C AND R TRANSPORTATION INC Defendant Civil Action No. 08-4188-CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, CHRISTINE ERICKSON C AND R TRANSPORTATION INC above named, in the default of an Answer, in the amount of $7,440.27 computed as follows: Amount claimed in Complaint $6,820.66 Interest from May 29, 2008 to September 24, 2008 at the legal interest rate of 28.10% per annum $619.61 TOTAL $7,440.27 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: Matt ew D. Urban, Esquire PA I.D.490963 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 W W R406437032 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7ffi Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 2 MOORELAND AVE MOUNT HOLLY,PA 17065 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff CHRISTINE ERICKSON C AND R TRANSPORTATION INC Defendants TO: Christine Erickson 2 Mooreland Ave Mount Holly S,Pa 17065 Date of Notice: WWR#:06437032 CASE#: 084188-CIVIL TERM IMPORTANT NOTICE 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 NOTICE TO A 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 WELT7%4AN, WEINBERG? & pR?E?IS CO., L.P.A. By: U'LA /head l 6%fto., PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN WEINBERG & REIS CO., L.P.A 1400 KOPPERS BLDG, 436 7' AVE. PITTSBURGH, PA 15219 (412) 434-7955 WWR #06437032 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff CHRISTINE ERICKSON C AND R TRANSPORTATION INC Defendants TO: C And R Transportation Inc 2 Mooreland Avenue Mount Holly,Pa 17065 Date of Notice:l W WR#:06437032 CASE#: 084188-CIVIL TERM IMPORTANT NOTICE 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 NOTICE TO A 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 WELTMAN, WEIINBERG &>?R?EIS CO., L.P.A. By: 7,14k /&Cnmu (NQo' -'_' PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN WEINBERG & REIS CO., L.P.A 1400 KOPPERS BLDG, 436 7' AVE. PITTSBURGH, PA 15219 (412) 434-7955 WWR #06437032 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 08-4188-CIVIL TERM CHRISTINE ERICKSON C AND R TRANSPORTATION INC 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 to e -7 1 o r (xx) Assumpsit Judgment in the amount of $7,440.27 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 CHRISTINE ERICKSON 2 MOORELAND AVENUE MOUNT HOLLY,PA 17065 By: PRO ONOTA EPUTY) 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 CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 08-4188-CIVIL TERM CHRISTINE ERICKSON C AND R TRANSPORTATION INC 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 $7,440.27 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 t C AND R TRANSPORTATION INC 2 MOORELAND AVENUE (LaiU4 MOUNT HOLLY,PA 17065 By:= _ PRO ONOTA DE /OJTY) Plaintiff's 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 COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs CHRISTINE ERICKSON C AND R TRANSPORTATION INC Defendants Case no: 08-4188-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 Serv+cemembers' 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, CHRISTINE ERICKSON C AND R TRANSPORTATION INC 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, CHRISTINE ERICKSON C AND R TRANSPORTATION INC is not in the military service. Further Affiant sayeth naught. AFFIANT TH OF PENNE 4VANIA SWORN O AND SUBSCRIBED i my presence th. semi of Weil L GOA t4cwy P CQI Of PjV*0fQK Poch" C*A* loon EVM J* 14, vio MY q on d No1?g NOTA P BLIC Member, ? 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 a Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 SEP-24-2008 12:07:04 "4 Last Name First/Middle Begin Date Active Duty Status Service/Agency ERICKSON CHRISTINE 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. hwi? /4 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.m_il/faq/pis/PCO9SLDR.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 9/24/2008 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:BQLXRYBPYMI https:/.iwww.dmdc.osd.mil/scra/owa/scra.prc Select 9/24/2008 :I _T7 y 1 3 t k? ^.