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Home My WebLink About09-0544IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No : Oq _ 5?}?{ C?V1 I -Ferw VS. STEPHEN P WALKER COMPLAINT IN CIVIL ACTION 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 07019953 C N Pit IAS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No STEPHEN P WALKER 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 b 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: STEPHEN P WALKER 409 B ST CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX0419 . 4. Defendant made use of said credit card and has a current balance due of $1384.00 , as of October 28, 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 25.100% per annum on the unpaid balance from October 28, 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 , STEPHEN P WALKER , INDIVIDUALLY , in the amount of $1384.00 with continuing interest thereon at the rate of 25.100W per annum from October 28, 2008 plus costs. WELTMAN, INBERG & REIS CO., L.P.A. 436 Seven Avenue, Suite 1400 Pittsburg , PA 15219 (412) 43 -7 55 FAX: 412 33 -7130 07019953 C N Pit IAS This law firm is a debt collector attempting ,to collect this debt for our client and any information obtained wi7?l/be used for that purpose. EXHIBIT F" M Pra4low Mftm Paymatta 6 taedka CFtA M Tranaacdorts N. Balance Mid. Payment Due Date $1,080.40 - $0.00 + $23.41 + $44.00 = $1,147.81 $790.00 Apr. 04, 2008 1 Feb. 0 008 - Mar. 10, 2008 0,, 2 Page 1 of 1 / p ? ? •Ifi PkUnu mA?xeunt 4106Og6ii3MID Your Account Infomratlon TOTAL CREDIT LINE $650.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $650.00 AVAIIABLE CREDIT FOR CASH $0.00 FinanCe Charge$ (Please see reverse for irportant mfonrslior0 Balance rate Periodic Carwvxku FINANCE applied to rate APR CHARGE Prrcla w $1,00957 0.0709% 0 25.90% $23.41 cash $0.00 0.0709% D 25.90% $0.00 ANNWIL PFRCOfrAGE RATE appSed the paled: 316YPK AtYowSo ri e 1 W 1103 f6S7 To cal Qabnher fiaYtors orb repot a betarvtokn cad ® Send pryrirnrb b: Qpdd0rsB46A),M-PO Ek3K70684.0wbde NC2272MN Send knuirles to: C* U Orw P 0 &K 30266.60t L" City, Ur 64130-M ® Him aginalbnaboutadwponyarafamwV Please rifer to the Bdkg Rghls Sunmay cn the bask of you sfafenhent or vast P FASa PRY AT lf.AV -M AVO' 41 Your woi nt s sN paymoro beh rid ffwe charge off yar =o nt aloe t0late WYTB s, We wit report the d arged.off stets to several rebonal aid bureaus and the purchase APR as Vbc ed on this statement wa be anotled to at your outrmndirg Dalai S Act now to Prevent him from hepoenug Please oW the amount die on yon st lemeht or give us a cat at 11300 955 W Wet wort wi h you so you can lace (=tol d y0U =XYXI and stul rebuidig you uedt wdh C4AW 0w "Important Noted" !lender the terms we puarioisy disclosed to you, your account is now elgible for an mr am in Annual Percentage Rates (APRs) o fectim mmedatey hbwew, Cq*1 One has elected not to raw your APRs at On time. Please be adored 0* f you fad b keep you =Dj t in good atn*g, Capital One reserves the right to verse yaw APRs in the titre Nyments, Credb & AcItistlrlents Transuctioms 1 05 WR PAST DLE FEE $3D.00 2 10 MAR CAPITAL ONE MONTHLY MD43ER FEE $5.00 Your account has gore aver is awR limit. To avoid adMional m&knl fees, Please pay ec(gh b brig your bete" babe your exit Imd mmedalely, and make sue you reman bebw yaroredt knit Please be sue to account for any future purchases, fees, and truce chargea YOU mare assessed a pest die fee becaseyar nahmum payment was not received by the its date To amid the fee in tie U", we recommend thud you albw at least 7 bueraee days lor your minimum payment to reach Capital One. REASE RERAN PORnDN BELOW WRH PAYMENT OR LAG ON TO WWNJCAMALONE.COM TO MANE YOUR PAYMENT ONUNE Capftwow- what's m your wallet?' New Balance Minimum Payment Due Date C$1,147.81 $190.00 Apr. 04, 2008 PLEASE PAYAT L EW THISAMOUNT Amount Endosed 0 4106082679320419 09 1147810025000190005 Capital One Bk(USA),NA P.O. Box 70664 Cher lotta, NC 26272-0664 Account Number: 4106-0826-7932-0419 Passe pmt address or phone number dwW bdow using blur or bkwk ink home Marc Maravrc Marc cM,.awa? ? 99007101460238942# MAIL ID NUMBER STEPHEN P WALKER 404 B ST CARLISLE, PA 17013-1626 7019953 Mom write your aiaountnumber on yourded or Rprrey order made payable to Capital One 8k(U5A),NA and mail with this coupon in the erxbsed envelope. CAPITAL ONE BANK (USA), N.A., Plaintiff, V. STEPHEN P WALKER 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 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: Step anie Siz re A049 WELTMAN, WEINBERG & REIS CO., L.P.A. C? ?k , f °O 9 9 P C_, . .*? co T SHERIFF'S RETURN - REGULAR CASE NO: 2009-00544 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA NA VS WALKER STEPHEN P AMANDA COBAUGH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE WALKER STEPHEN P DEFENDANT at 409 B ST the at 0015:23 HOURS, on the 9th day of February-, 2009 CARLISLE, PA 17013 STEPHEN WALKER a true and attested copy of NOTICE COMPLAINT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 4.50 . 00 10.00 R. Thomas Kline .00 32.50 02/09/2009 WELTMAN, WEINBERG & REIS By day Deputy S riff A.D. was served upon by handing to C": ..aa ?. ?. to rrs _ t J d j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. STEPHEN P WALKER Defendant No. 09-544 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#07019953 Judgment Amount $ 1,500.88 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. 09-544 CIVIL TERM STEPHEN P WALKER Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, STEPHEN P WALKER above named, in the default of an Answer, in the amount of $1,500.88 computed as follows: Amount claimed in Complaint $1,384.00 Interest from October 25, 2008 to March 25, 2009 at the legal interest rate of 25.10% per annum $116.88 TOTAL $1,500.88 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, Esquie PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#07019953 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7's Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 409 B ST, CARLISLE, PA 17013 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Case no: 09-544 CIVIL TERM Plaintiff VS. STEPHEN P WALKER Defendant NON-MILITARY AFFIDAVIT The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, STEPHEN P WALKER is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, STEPHEN P WALKER is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN TO AND SUBSCRIBED in my presence this ) day COMMONWEALTH OF PENNSYLVANIA -Notarial Seel Heidi J. Kelly, Notary Plbllc alu* qty Of Pft"gN M ? 4, X08 My Commiselon E?iree mand r. Pems*anle Assoelafion of NOW*$ 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 10 Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 MAR-25-2009 06:45:53 C Last Name First/Middle Begin Date Active Duty Status Service/Agency WALKER STEPHEN P 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: 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 3/25/2009 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. STEPHEN P WALKER Case No. 09-544 CIVIL TERM Defendant IMPORTANT NOTICE TO: STEPHEN P WALKER 409 B ST CARLISLE, PA 17013 Date of Notice: -'3 10q_ 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 WELTM.0, WEINBERG & REIS CO., L.P.A. By: M hew 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 7019953 N PIT KM3 RLED-OFF-ICE OF THE OTHCNOTARY 2009 APR 14 AM 10: 16 ) .y cut 4.14 CO 3RIS 135 04 aa3t. 97 Nohc.. A.Ia?Ld IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 09-544 CIVIL TERM STEPHEN P WALKER Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or u ent was entered against you on / (xx) Assumpsit Judgment in the amount of $1,500.88 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 AOT D TY} STEPHEN P WALKER 409 B ST CARLISLE, PA 17013 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