HomeMy WebLinkAbout08-6204IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff No: ?$ - (pd04 ?v?j Term
VS.
COMPLAINT IN CIVIL ACTION
GEORGE W STAFFORD
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
06898474 C N Pit SMI
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
VS. Civil Action No d-0y C}d, (?<<,,
GEORGE W STAFFORD
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:
GEORGE W STAFFORD
908 W TRINDLE RD APT lE
MECHANICSBURG, PA 17055
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXXXXXX3603 .
4. Defendant made use of said credit card and has a current balance
due of $1153.26 , as of August 18, 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
19.500% per annum on the unpaid balance from August 18, 2008 . A copy
of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1" and
made a part hereof.
FINANCE
Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Dole
$871 34 - $0 00 + $15 09 + $39 00 = $925 43 $425 43 Dec 12, 2007
Oct 18, 2007 - Nov 17, 2007 Page 1 of 1
REAR PAY AT (FAST INS AMOUNT
Via Platinum Account
4862.9626d5e44,609
Your Account Information
TOTAL CREDIT LINE $50000
TOTAL AVAILABLE CREDIT $000
CREDIT LINE FOR CASH $30000
AVAILABLE CREDIT FOR CASH $000
Finance Charges (Please see revers far important mformabon)
Balance rate Periodic Carr Ong FINANCE
applied to rate APR CHARGE
Purchases $66611 005493% P 2005% E15 09
Cash 00 005493% P 20 OS% $000
ANNUAL PERCENTAGE RATE applied this period. 20.05%
® At Your Service 1.600.003,897
Toed Cuebmar Ralgeore orto report a bat crstoW cee
® Semi payments to.
Capital One Baca P 0 Bar 70884 Chaitdb, NC 28272-0884
A Send Inquiries to.
Capaat One P 0 Box 30285 Sant Lab City. UT 84130-0285
® Have a question about a charge on your statement?
Place refer to the Bing Rights Summary an the back of
your statement or visit
You're behind by five payments so we ve permanently suspended your charging privileges If you don't make a
suRiaent Payment in he next 7 weeks your account is at ask for being charged oft and reported to the national
credit bureas Please don't let On happen H yaYe feeling overvdrekned, call us at 1 600 955 6600 Well work
with you to reeolw firs matter
Payments. Cnidlts & Adjustments
Transactions
1 12NOV PAST DUE FEE $39 OD
Your account is 90 days past due and your Payment Protection coverage has then suspended As stated in
your Payment Protection agreement, your coverage and monthly charge will be Moslem once your account is
no longer 90 days past due You may ale be eligible for benefits to be pad to your account for loss events
described in your Payment Protection agreement Cell Stonebridge Benefit Serw ass at 1-888-527-6904 to see d
your situation qualifies for benefits
You were assessed a pat due The because your nmrenum payment was not removed by he due data To avoid
this fee in he future, we recommend that you allow at last 7 business days for your minimum payment b reach
Capra one
oar
6056 506 1 07 17 071117 PAGE 1 of 1
OIDM6056
PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ONTO W W W CAPITALONE COM TO MAKE YOUR PAYMENT ONLINE
ow- I what's in your wa1leV'
New Balance Minimum Payment Due Date
C$925 43 $425 43 Dec 12, 2007
PLEASE PAY AT LEAST
THIS AMOUNT
4862362659443603 17 0925430025000425438
Amount Enclosed
Capital One Bank
P.O. Box 70684
Charlotte, NC 26272-0884
? uld?u?ua?d?ur?o?d??nrln?dnlu?u??u?u?u?lnd?
Account Number: 4862-3626-5944-3603
Please print address or phone number changes below using blue our black ink
Address
Home Phone Alternate Phone
E-mall address p
#9032250321369559# MAIL ID NUMBER
GEORGE Y STAFFORD
106 Y TRINDLE RD APT 1E
MECHANICSBURG, PA 17055-4092
6898474 Please write your account number on your check or money order made
payable to Capital One Bank and mall with this coupon in the enclosed envelope
CAPITAL ONE BANK (USA), N.A.,
Plaintiff,
V.
GEORGE W STAFFORD
Defendant(s).
VERIFICATION
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 an authorized agent of Capital One Services,
Inc., an affiliate of and service provider to CAPITAL ONE BANK (USA), N.A., Plaintiff
herein, and that he/she is duly authorized to make this Verification, 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.
Dated:
An inette Miller
A049
WELTMAN, WEINBERG & REIS CO., L.P.A.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-06204 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAPITAL ONE BANK USA N A
VS
STAFFORD GEORGE W
RONALD HOOVER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
the
STAFFORD GEORGE W
was served upon
DEFENDANT
at 2048:00 HOURS, on the 20th day of October , 2008
at 908 W TRINDLE RD APT lE
MECHANICSBURG, PA 17055
GEORGE W STAFFORD
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
q'il/01 q,
So Answers:
18.00 8.00
.00 s
10.00 R. Thomas Kline
00
V36.00 10/23/2008
WELTMAN WEINBERG REIS
Sworn and Subscibed to
before me this
By: 4<'W
day Deputy Sheriff
of A. D.
r '
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
vs.
GEORGE W STAFFORD
Defendant
No. 08-6204 CIVIL TERM
PRAECIPE FOR DEFAULT JUDGMENT
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
WILLIAM T. MOLCZAN, 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#06898474
Judgment Amount $ 1215.02
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. 08-6204 CIVIL TERM
GEORGE W STAFFORD
Defendant
TO THE PROTHONOTARY:
Kindly enter Judgment against the Defendant, GEORGE W STAFFORD above named, in the default of an
Answer, in the amount of $1215.02 computed as follows:
Amount claimed in Complaint
PRAECIPE FOR DEFAULT JUDGMENT
$1153.26
Interest from August 18, 2008 to December 15, 2008
at the legal interest rate of 19.5% per annum $61.76
TOTAL
$1215.02
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. M CZAN, 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#06898474
Plaintiff's 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: 908 W Trindle Rd Apt IE, Mechanicsburg, PA 17055.
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
GEORGE W STAFFORD
Def endant (s)
IMPORTANT NOTICE
TO: GEORGE W STAFFORD
908 W TRINDLE RD APT 1E
MECHANICSBURG,PA 170551
Date of Notice: l 5/ Q
WWR#: 06898474
Case # ? ~ 62G(.(,^ Cvvi-
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:
PATRICK THORM WOODMAN
PA I.D. #34507
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 KOPPERS BLDG, 436 7TH AVE.
PITTSBURGH, PA 15219
(412) 434-7955
IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
VS.
GEORGE W STAFFORD
Defendant
Case no: 08-6204 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, GEORGE W
STAFFORD 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, GEORGE W STAFFORD is not in the military service.
Further Affiant sayeth naught.
01
AFFIANT
SWORN TO AND SUBSCRIBED in my presence this % day
of C ems. 'amg
CCMMO'W,H OF PENNSYLVANIA
Naar al Seal
?IV Y POBL Wendy L. Gault, Notary Public
NOT
City of Pftsburgh, Allegheny County
My Commission xpir°_s July 15, 2010
?A,rnber, Pennsylva ,`.:. Asscr, tion 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
40 Military Status Report
Pursuant to the Servicemembers Civil Relief Act
Page 1 of 1
DEC-15-2008 13:06:45
-K Last Name First/Middle Begin Date Active Duty Status Service/Agency
STAFFORD GEORGE 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.
11)4. A 6
44.- &?_
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 by the
requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided.
Report ID: BJYGEOXWNT
https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 12/15/2008
jjl.
ro
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
vs. Civil Action No. 08-6204 CIVIL TERM
GEORGE W STAFFORD
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 $1215.02 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 ONOT (OR PUTY)
GEORGE W STAFFORD
908 W TRINDLE RD APT IE
MECHANICSBURG, PA 17055
Plaintiffs address is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`s Avenue, Pittsburgh, PA 15219
1-888-434-0085