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Home My WebLink About08-7328I t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA -T Plaintiff No: (?_ 1308 CiV?I Tim vs. COMPLAINT IN CIVIL ACTION PHILIP SMERLING 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 06871293 C N Pit CFR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No PHILIP SMERLING 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 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 , PHILIP SMERLING , INDIVIDUALLY , in the amount of $1240.71 with continuing interest thereon at the rate of 27.4008 per annum from September 30, 2008 plus costs. James C. WELTMAN, 436 Sev (412) 3 : 1 0687 9!4 WE NBERG & REIS CO., L.P.A. t Avenue, Suite 1400 PA 15219 7955 338-7130 C N Pit CFR This law firm is a debt collector attempVing to collect this debt for our client and any information obtained will be used for that purpose. Previous Balance P FINANCE ttyments & Credits CHARGE Transactions New Balance Minimum Payment Due Date $903 ? - $0 00 + $22 41 + $39 00 = $965 37 $465 37 Dec 21, 2007 Oct 26, 2007 - Nov 26, 2007 Page 1 of 1 PLEASE PAY AT LEAST TIC AAnIwT rsa Platinum Account 1862.36245539.7839 Your Account Information TOTAL CREDIT LINE $50000 TOTAL AVAILABLE CREDIT $000 CREDIT LJt FOR CASH $500 00 AVAILABLE CREDIT FOR CASH $000 Finance Charges (Please see reverse foorrimportant nformaton) Balance rate ppfa err tee APR ng CNWIRGE a Purchases $924.43 007575%D 2765% $2241 Cash $000 0 07575% D 2765% $000 ANNUAL PERCENTAGE RATE applied this period. 27.65% APLII At You Service 14 403.3837 To cal Cuekxrwr NNeliors a to relxrt a bet Ln sheen eeN ® Send payments to. C*W One Bark P 0 BW 70884 Chafto, NC 28272-0664 Send I ngutrles to. Capital One P.0 Bar 30285 Salt take qty, UT 84130-0285 ® Have a weshm about a oherge on your staternent? Please refer to the Blmg Rights Summary an the back of your atalemelt or wad www caWaILVIt mm%Vutt Your account is six payments behind If we charge off your account due to late payments, we will report the charged-oft status to several na6anal Credit bureaus, and the Purchase APR as reflected on this statement wR be applied to at your outstanding balances Act now to prevent to from happening Please pay the amount due on your statement or give us a call at 1800 955.6600 Well work with you so you can take oontrd of your account and start rebuilding your credit with Capital One In nMpna?nt Notice- Ueda the terms we previously disclosed to you, you account is now eligible for an noses, Percentage Rats (APRs) effective I mediately However, Citpit1 One has elected not to raise your APRs at Ins fine Please be advised #0 If you fad to keep your account in good standing, Capital One reserves the ngM to rare your APRs in the future Paymstyts, Credits & Adjustments Transactions 1 19 NOV PAST DUE FEE $3900 fteff Your account is 90 days past due and your Payment Protection coverage has been suspended As staloI your Payment Protection agreement, your coverage and monthly 011111110 will be mnstiehd once your account is no longer 90 days past due You may so be eligible for tor eft to be pad b your account for loss events described in you Payment Protection agreement. Call Stwebrtdge Berard Services at 1-880-527-6904 to see d Your situation quakes for bereflts You were assessed a past due fee because your minimum payment was not received by the due data To avoid the fee in fie future, we recommend that you allow at least 7 business days for your mnmum payment to reach Capital One 6056 506 1 07 25 071126 PAGE PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO W W W CAPtTALONE COM TO MAt; YOUR PAYMENT ONLINE 0 4862362455397839 25 0965370020000465371 ?rwaaa?/? I what's in your walks?" New Balance Minimum Payment Due Date $965 37 $465 37 Dec 21, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed C== Capital One Bank P.O. Box 70664 IIIu1n11n111n11111 Charlotte, NC 26272-0664 11II11111I111I1IIIIIloll 1fill u1111111111111111111/11111111111 Account Number. 4862-3624-5539-7839 Please print address m phone number changes below using blue or black ink Address Home Phone Alternate Phone E-mall address @ #90331837904559494 MAIL ID NUMBER PHILIP SNERLING 232 t LOCUST ST B MECHANICSBURG, PA 17055-3741 Ifi11Ip IIIIIII/IIII 11111111111111111111111111/11111/11I1IIIII 6871293 Please write your account number on your check or money order made payable to Capital One Bank and mad with this coupon In the enclosed envelope 'fig ? o m W Ll lc i. 6 at ..a 7 (/? r- C- a SHERIFF'S RETURN - REGULAR CASE NO: 2008-07328 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK (USA) N A VS SMERLING PHILIP BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE SMERLING PHILIP was served upon the DEFENDANT , at 0014:47 HOURS, on the 23rd day of December-, 2008 at 6315 BRANDY LANE MECHANICSBURG, PA 17050 by handing to PHILIP SMERLING DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Additional Comments DEFENDANT SERVED IN THE SHERIFF'S OFFICE, 1 COURTHOUSE SQUARE, ROOM 303, CARLISLE, PA 17013. Sheriff's Costs: Docketing 18.00 Service 4.50 Affidavit .00 Surcharge 10.00 .00 lJdalf? 32.50 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 12/23/2008 WELTMAN WEINB & REIS By: Deputy Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. PHILIP SMERLING Defendant No. 08-7328 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 Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06871293 Judgment Amount $ 1,356.62 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. 08-7328 CIVIL TERM PHILIP SMERLING Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, PHILIP SMERLING above named, in the default of an Answer, in the amount of $1,356.62 computed as follows: Amount claimed in Complaint $1,240.71 Interest from September 30, 2008 to March 10, 2009 at the legal interest rate of 27.40% per annum $115.91 TOTAL $1,356.62 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. Molczan, Es ire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06871293 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7t' Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 6315 BRANDY LN, MECHANICSBURG, PA 17050 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. Civil Action No. 08-7328 CIVIL TERM PHILIP SMERLING 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 n2z" 'Xs, xcoi (xx) Assumpsit Judgment in the amount of $1,356.62 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 UTY) PHILIP SMERLING 6315 BRANDY LN MECHANICSBURG, PA 17050 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 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 (USA), NA Plaintiff vs. PHILIP SMERLING Defendant Case no: 08-7328 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, PHILIP SMERLING 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, PHILIP SMERLING is not in the military service. Further Afi iant sayeth naught. AFFIANT SWORN TO AND SUBSCRIBED in my presence this I I f` day of COMMONWEALTH OF PENNSYLVANIA Notarial Seal Wendy L Gauft, Notary Public N O RY IC City of Pittsburgh, Allegheny County My commission Expires July 15, 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. Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 MAR-10-2009 10:11:40 < Last Name First/Middle Begin Date Active Duty Status Service/Agency SMERLING PHILIP 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. 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: hitp://www.defenselink.mil/faq./Tis/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided htti3s://www.dmdc.osd.mil/scra/owa/scra.prc_Select 3/10/2009 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. PHILIP SMERLING Defendant Case No. 08-7328 CIVIL TERM IMPORTANT NOTICE TO: PHILIP SMERLING 6315 BRANDY LN MECHANICSBURG, PA 1705?0-?C Date of Notice: t/ 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 WELTMAM WEINBERG & REIS CO., L.P.A. By: - Ma ew 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 6871293 N PIT KM3 C`) N C" N Cli r\3 C.s? Cz: 7 ni frS -a t-? ??rn