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Home My WebLink About08-7023 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA vs. Plaintiff BONNIE L ENGLE Defendant No : 0 g - 769,3 1.6. ? C??. COMPLAINT IN CIVIL ACTION 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 06944361 C N Pit TSW i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No BONNIE L ENGLE 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: BONNIE L ENGLE 6 LARKEN LN MOUNT HOLLY SPR, PA 17065 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX1474 . 4. Defendant made use of said credit card and has a current balance due of $1258.44 , as of October 02, 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 October 02, 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 , BONNIE L ENGLE , INDIVIDUALLY , in the amount of $1258.44 with continuing interest thereon at the rate of 28.1008 per annum from October 02, 2008 plus costs. James C. 436 Pitt(412FAX: 0694 armbrodt,42524 WELTMAN/3?? EINBERG & REIS CO., L.P.A. h Avenue, Suite 1400 PA 15219 -7955 338-7130 C N Pit TSW 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. FINANCE Previous Balance Payments l4 Credits CHARGE Transactions New Balance Minimum Payment Due Date C$804 72 - $0 00 + $19 49 + $2g 00 $853 21 $353 21 May 07, 2007 Mar O8, 2007 - Apr 07, 2007 Page 1 of 1 Visa Platinum Account 4982.3871.9304-1474 Your Account Information TOTAL CREDIT LINE $50000 TOTAL AVAILABLE CREDIT $000 CREDIT LINE FOR CASH $50000 AVAILABLE CREDIT FOR CASH $0 00 Finance Charges (Please see reverse for important information) Balance rate Periodic Coresgondng FINANCE applied to rate APR CHARGE Purchases $815.03 0 07712% D 2815% $19.49 Cash $0 00 0 07712% D 2815% $000 ANNUAL PERCENTAGE RATE applied this period. 26.15% Your account is six payments behind If we charge off your account due to late payments, we wit report the charged-off status to several national credit 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 call at 1800 955, 8800 Well work with you so you can take conlrc of your account and start rebuilding your credit with Capital One "Important Notice" Under the terms we previously disclosed to you, you account is now eligible for an increase in Annual Percentage Rates (APRs) effective immediately however, Capital One has elected not to raise your APRs at this lme Please be advised that if you fail to keep your account in good standing, Capital One reserves the right to raise your APRs in the future Payments, Credits 8 Adjustments Transactions 1 07 APR PAST DUE FEE $2900 Al-h At Your Senior 1.800.903.3837 You were assessed a past due fee because your minimum payment was not received by the due date. To avoid To call Cuslo ner Relations or to report a lost or stolen card this fee in the future, we recommend that you allow at least 7 business days for your mnmum payment to reach Capital One ® Send payments to. Capital One Bark P 0 Bar 70884 Gherkins, NC 28272-0884 A Send inquiries to. Capital One P 0 floc 30285 Souk Lake City, UT 66130-0285 6056 506 1 7 7 070407 PAGE 1 of 1 01BC6056 PLEASE RETURN PORTION BELOW WITH PAYMENT cap/talov I wears in your waneV 0 4862367193041474 07 0853210025000353212 New Balance Minimum Payment Due Date C$853 21 $353 21 May 07, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed Capital One Bank P.O. Box 70864 Charlotte, NC 26272-0664 Account Number: 4862-3671-93041474 Please print address or phone number changes below using blue or black ink Address Home Phone Alternate Phone E-mall address @ #9009825754479006# MAIL ID NUMBER DONNIC L CNGLC 6 LARKCN LN MOUNT HOLLY SPRINGS, PA 17065-1733 6944361 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. BONNIE L ENGLE Defendant(s). VERIFICATION 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 an authorized agent of 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 o plaint in Civil Action are true and correct to the best of his/her knowledge, information elief. . Dated: G r7 / ameka Kenney A049 WELTMAN, WEINBERG & REIS CO., L.P.A. W N a? 0 F 1,. t I . 17 I0t/) SHERIFF'S RETURN - REGULAR CASE NO: 2008-07023 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA N A VS ENGLE BONNIE L TIMOTHY R BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ENGLE BONNIE L the DEFENDANT at 6 LARKEN LN , at 0015:45 HOURS, on the 5th day of December , 2008 MOUNT HOLLY SPRINGS, PA 17065 by handing to BILLY ENGLE HUSBAND OF DEFENDANT 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 p112-to So Answers: 18.00 5.40 .00 10.00 R.'Thomas Kline 00 33.40 12/08/2008 WELTMAN WEINBERG & REIS Sworn and Subscibed to before me this of By: day puty Sheriff A. D. s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), N.A. Plaintiff vs. BONNIE L ENGLE Defendant No. 08-7023 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#6944361 Judgment Amount $ 1351.71 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. w IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), N.A. Plaintiff vs. Civil Action No. 08-7023 CIVIL TERM BONNIE L ENGLE Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, BONNIE L ENGLE above named, in the default of an Answer, in the amount of $1351.71 computed as follows: Amount claimed in Complaint $1258.44 Interest from OCTOBER 2, 2008 TO FEBRUARY 20, 2009 at the legal interest rate of 28.100% per annum $93.27 TOTAL $1351.71 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. MOLCZA)YESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6944361 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: 6 LARKEN LN, MOUNT HOLLY SPR, PA 17065 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), N.A. Plaintiff VS. BONNIE L ENGLE Defendant Case no: 08-7023 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, BONNIE L ENGLE 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, BONNIE L ENGLE is not in the military service. Further Affiant sayeth naught. AFFIANT SW TO ND SUBSCRI E in my presence this A'T day of . . CO?AONNIE/1L'rH OF PE .4Yf.VNiIA No1rW 3" .N NWK M. Borowski, No" PubNc CY Of FIN WN0, ANON" Ca * CamnMnlon Frb. 22.2M2 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. ,i; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. BONNIE L ENGLE Defendant TO: BONNIE L ENGLE 6 LARKEN LN MOUNT HOLLY SPR, PA 117?7065 Date of Notice: [1? Case No. 08-7023 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 PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE 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 BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. By: Mattew Urban P.A.I.D.# 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 6944361 N PIT KM3 Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 FEB-23-2009 12:56:48 < Last Name First/Middle Begin Date Active Duty Status Service/Agency ENGLE BONNIE 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. v/044.,. Aut pt 40??_ 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 https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 2/23/2009 c? ?,. , r ,, SIC So °Q e • ? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), N.A. Plaintiff VS. Civil Action No. 08-7023 CIVIL TERM BONNIE L ENGLE 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 31010 (xx) Assumpsit Judgment in the amount of $1351.71 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: ?4- At ROTHO A Y (O DEPUTY) BONNIE L ENGLE 6 LARKEN LN MOUNT HOLLY SPR, PA 17065 Plaintiff's 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 . '? ???=