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Home My WebLink About08-4203IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. RHONDA K ROLLINS Defendant No. OsS - -Y263 n,,,'CTa4,mj COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C. WARMBRODT PA I.D. 42524 WELTMAN, WEINBERG & REIS CO. 1400 KOPPERS BLDG. 436 7TH AVE. PITTSBURGH, PA 15219 (412) 434-7955 WWR406712496 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. Civil Action No. RHONDA K ROLLINS Defendant COMPLAINT IN CIVIL ACTION 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff is a corporation with offices in 15000 CAPITAL ONE DRIVE RICHMOND, VA 23238. 2. Defendant is an adult individual residing at RHONDA K ROLLINS 967 W TRINDLE RD LOT 2 MECHANICSBURG,PA 17055 . 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX 1093. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of JUNE 11, 2008, in the amount of $ 4,454.52 . A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof. 5. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that the Cardholder Agreement between the parties provides that Plaintiff is entitled to the addition of finance charges at the rate of 17.900 % per annum on the unpaid balance. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, RHONDA K ROLLINS individually, in the amount of $ 4,454.52 with continuing finance charges thereon at the rate of 17.900 % per annum from JUNE 11, 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. JAMES C. BRODT PA I.D. 42f " 4 WELTM EINBERG & REIS CO. 1400 KO )PE BLDG. 436 7T APITTS UPA 15219 (412) 34- WW2#;06712496 Previous Balance Payments & credits CHARGE Transactions New Balance Minimum Payment Due Date C$3,829 22D-C:$0 00 + $Sg g3 + $39 00 = $3,925 OS $925 05 Oct 30, 2007 Sep 06, 2007 - Oct 05, 2007 Page 1 of 1 PkeAV PAY AT U; ST TH, AMO[Al MasterCard Platinum Account 5178.0526.1996.1093 Your Account Information TOTAL CREDIT LINE j TOTAL AVAILABLE CREDIT CREDIT LINE FOR CASH AVAILABLE CREDIT FOR CASH Finance Charges (Please see reverse for important information) Balance rate Periodic Corresponding FINANCE applied to rate APR CHARGE Purchases $3,863 08 0 04904% P 17 Si % $5683 Cash $000 0 05751 % P 2099% $000 ANNUAL PERCENTAGE RATE applied this period. 17.90% Q At Your Service 1.600.903.3637 To call customer Relations or to report a lost or stolen card ® Send payments to. Capital One Bank P.0 Box 70884 Charlotte, NC 29272-08M A Send inquiries to. Capital One P 0 Box 30285 Sell Lake City. UT B413DQ85 ® Have a question about a charge on your statement? Please refer to the &ling Rights Summary m the back of your statement or wsd www capital l2g.comildsputeg. Your account is six payments behind If we charge off your account due to late payments, we will report the charged-off status to several national credd bureaus, and the Purchase APR as reflected on this statement will be applied to all your outstanding balances Act now to prevent this from happening Please pay the amount due on your statement or give us a all at 1800 955.6600 Well work oath you so you can take control of your account and start rebuilding your credit with Capital One Payments, Credits & Adjustments Transactions 1 01OCT PAST DUE FEE $3900 Your account is 90 days past due and your Payment Protection coverage has been suspended As stated in your Payment Protector agreement, your coverage and monthly charge will be reinstated once your account is no longer 90 days past due You may sell be eligible for benefits to be paid to your account for loss events described in your Payment Protection agreement Call Slonebridge Benefit Services at 1-88&527-6904 to see d your situation qualifies for benefits You were assessed a past due fee because your minimum payment was not received by the due date. To avoid this fee in the future, we recommend that you allow at least 7 business days for your mmenum payment to reach Capital One ' XHIBi IT 6056 506 1 07 5 071005 PAGE 1 of PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO W W W CAPITALONE COM TO MAKE YOUR PAYMENT ONLINE ?a?y 0 5178052619961093 05 3925050025000925059 Cp11falUft6 I whaYs in your wallet)" Account Number. 5178-0526-1996-1093 New Balance Minimum Payment Due Date Please print address or phone number changes below using blue or black ink $3,925 05 $925 05 Oct 30, 2007 Address PLEASE PAY AT LEAST THIS AMOUNT Home Phone Alternate Phone E-mail address @ Amount Enclosed Capital One Bank P.O. Box 70684 11rifill I Charlotta, NC 26272-0664 1uINIII I Inr1e11n1 111 1111IN i1n111n1of Iu11n111 Iu1111111 #9027937291379959# MAIL ID NUMBER RHONDA K ROLLINS 967 W TRINDLE RD LOT 2 MECHANICSBURG, PA 17055-4056 urll?rn???uu?r?u?r?n?n???nu?r?n??rr??nnr?r?i?r?r 6712496 Please write your account number on your check or money order made payable to Capital One Bank and mail with this coupon in the enclosed envelope Previous Balance Payments & Credits CFINANCE HARGE Transactions New Balance Minimum Payment Due Date C$3,829 22 - $0 00 +L $56 83 + $39 00 = $3,925 OS $925 OS I Oct 30, 2007 Sep 06, 2007 - Oct 05, 2007 Page 1 of 1 PLEASE PAY AT LEAST THK AMO(IAT MasterCard Platinum Account 5178.9526.1996.1093 Your Account Information TOTAL CREDIT LINE $3,000 00 TOTAL AVAILABLE CREDIT $0 00 CREDIT LINE FOR CASH $3,000 00 AVAILABLE CREDIT FOR CASH $000 Finance Charges (Please see reverse for importa:informabon) Balance rate Pe iodic ConenNANCE applied to rate APR HARGE Purchases $3,86308 0 04904% P 17 90$5683 Cash $000 0 05751 % P 2099$0 00 ANNUAL PERCENTAGE RATE applied this period. % Q At Your Service 1.800.9033637 To cal Customar Relations cr to mpDrt a lost or stolen Cab ® Send payments to. Capital One Bank P 0 Bail 70884 Charlotte. NC 28272-0884 A Send inquiries to. Capital Or* P 0 Bar 30285 Soft Lake Cry, UT 84130-0285 ® Have a question about a charge on your statement) Please refer to the Billing Rights Summary or the back of your statement or visit www ca son mMdiccrte Your accourd is six payments behind If we charge off your aunt due to late payments, we will report the charged oil status to several national credit bureaus, and the Purchase APR as reflected on this statement will be applied m all your outstanding balances Act now to prevent this from happening Please pay the amount due on your statement or give us a call at 1 No 955 6600 Well work with You so you can take control of your account and star) rebuilding your credit with Capital One Payments, Credits & Adlustmerds Transactions 1 01 OCT PAST DUE FEE E39 W Your account is 90 days past due and your Payment Protection coverage has been suspended As stated in your Payment Protection agreement, your coverage and montMy charge will be reinstated once your account is no longer 90 days past due You may still be eligible for benefits to be pad to your account for loss events described in your Payment Protection agreement. Call Stonebndge Benefit Services at 1-888-527-6904 to see it your situation qualifies for benefits You were assessed a past due fee because your minimum payment was not received by the due date. To avoid this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reads Capital One 6056 506 1 07 5 0710D5 PAGE 1 of PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO W W W CAPITALONE COM TO MAKE YOUR PAYMENT ONLINE 0 5178052619961093 05 3925050025000925059 C.3pRtal07-W I what's in your wallet)" Account Number. 5178-0526-1996-1093 New Balance Minimum Payment Due Date Please print address or phone number changes below using blue or black ink C$3,925 05 $925 05 Oct 30, 2007 address PLEASE PAY AT LEAST THIS AMOUNT Home Phone Alternate Phone Amount Enclosed E-mail RES Capital Ona Bank P.O. BoK 70864 1411111111 1111111111 1 Charlotte, NC 26272-0884 11,1111111111111111111111111111111111111ti1111111r1111111111111 #9027937291379959# MAIL ID NUMBER RHONDA K ROLLINS 967 W TRINDLE RD LOT 2 MECHANICSBURG, PA 17055-4056 111111111111111111111111111,.111111111111111r1i111111111111r 6712496 Please write your account number on your check or money order made payable to Capital One Bank and mail with this coupon in the enclosed envelope VERIFICATION CAPITAL ONE BANK (USA), N.A. vs ROLLINS, RHONDA K 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., 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 TAYLOR No lic 5178052619961093 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 00 ? c- o t? col? cn r 3? SHERIFF'S RETURN - REGULAR CASE NO: 2008-04203 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANS (USA) NA ViS ROLLINS RHONDA R I ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ROLLINS RHONDAIK the DEFENDANT at 1519:00 HOURS, on the 18th day of July 2008 at 967 W TRIND E ROAD LOT 2 MECHANICSBURG, PA 17055 by handing to ROSELEE ROLLINMOTHER a true and attested copy of COMPLAINT & NOTICE together with i and at the same time directing Her attention to the contents thereof. i i Sheriff's Costs: So Answers: Docketing 18.00 Service 11.00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 39.00 07/22/2008 W LTMAN WEINBERG REIS Sworn and Sub?cibed to By: before me thi? day D putt' Sherif of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. RHONDA K ROLLINS Defendant No.: 08-4203-CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT 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 Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6712496 Judgment Amount $ 4,631.39 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. r i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No.: 084203-CIVIL TERM RHONDA K ROLLINS Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, RHONDA K ROLLINS above named, in the default of an Answer, in the amount of $4,631.39 computed as follows: Amount claimed in Complaint $ 4,454.52 Interest from 06/11/08 to 9/10/08 at the legal interest rate of 17.90% per annum $176.87 TOTAL $4,631.39 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 BRODT, ESQUIRE PA LD.#425 4 Weltman, e' berg & Reis Co., L.P.A. 1400 Ko ers ldg. 436 Sev th venue Pittsb A 15219 (412) 34- 955 12496 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`s Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 967 W TRINDLE RD LOT 2 MECHANICSBURG,PA 17055 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. RHONDA K ROLLINS Defendant Case no:: 08-4203-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, RHONDA K ROLLINS 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, RHONDA K ROLLINS is not in the military service. Further Affiant sayeth naught. Sw NN? ' O-? S SC D ' my presence this I day COMMONNIEALTH OF PENNSYLVANIA NoteNM SW JWWAW M. BWONW, Notary Public CUy Of PNMlburpb, ANOW" County Ci011M11 IMM Feb. 22, 2012 Member, Pww4ykwk Associalm 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. r , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff case # 0 7 ?t7 -CL j M RHONDA K ROLLINS Defendant(s) IMPORTANT NOTICE TO: RHONDA K ROLLINS 967 W TRINDLE RD LOT 2 MECHANICSBURG,PA 17055 Date of Notice: bo WWR#: 06712496 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 : ?a _ /"" U)00 PATRICK THOMAS WOODMAN PA Z.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 Request for Military Status Page 1 of 2 Department of Defense Manpower Data Center ` Military Status Report Pursuant to the Servicemembers Civil Relief Act SEP-10-2008 08:06:12 Last Name First/Middle Begin Date Active Duty Status Service/Agency ROLLINS RHONDA K 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/i)is/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 9/10/2008 -F- LTI 2 rti{t;. d 00 L?? C7 N COO C/) tv cv CD 0 rn IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. RHONDA K ROLLINS Defendant Civil Action No.: 08-4203-CIVIL TERM 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 "a IDR (xx) Assumpsit Judgment in the amount of $4,631.39 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: jv? PRO ONOTARY (OR DEPUT RHONDA K ROLLINS 967 W TRINDLE RD LOT 2 MECHANICSBURG,PA 17055 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7"' Avenue, Pittsburgh, PA 15219 1-888-434-0085