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Home My WebLink About09-0546IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. No. Oa- 54(p 0'wil-ret% COMPLAINT IN CIVIL ACTION ADAM GORDON individually and D/B/A AIRWISERS ASSOCIATES Defendant 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 Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#07019393 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. ADAM GORDON individually and D/B/A AIRWISERS ASSOCIATES 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 CUMBERLAND COUNTY 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 at 15000 CAPITAL ONE DRIVE RICHMOND, VA 23238. 2. Defendant, ADAM GORDON, is an adult individual with a last known address of 1 I 1 MAPLE DR MECHANICSBURG, PA 17050 , and engaged in business as AIRWISERS ASSOCIATES with a last known address of 111 MAPLE DR MECHANICSBURG, PA 17050. 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX0715. 4. Defendant made use of said credit card and has a current balance due and owing to Plaintiff, as of October 29, 2008, in the amount of $1,217.78 . 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 the Plaintiff is entitled to the addition of finance charges at the rate of 25.10% 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 prays for judgment in its favor and against Defendant, ADAM GORDON individually and D/B/A AIRWISERS ASSOCIATES, in the amount of $1,217.78 with continuing interest thereon at the rate of 25.10% per annum from October 29, 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. W brodt, Esquire PA I.D. #4 52 WELTM EINBERG & REIS CO., L.P.A. 1400 Ko per uilding 436 Sev nt Avenue Pittsbu gh A 15219 (412) 3 -7955 WWR#:07019393 Previous B1Yaa:e Prtyrnatts 3 txedks Flt Transactions New Balance Minimum Peymerlt Duo Dank $886.90 - $0.00 + $20.79 + $39.00 = X946.69 $446.69 Mar. 03, 2008 Jan. 044,?200?8 - Feb. 04, 2008 Page 1 of 1 Villa SaInsss (and Amunt misa77R171ll" Your AccountNtformadon REWARDS TOTAL CREDIT LINE $500.OD TOTAL AVAILABLE CREDIT $O.OD CREDIT LINE FOR CASH S5wm AVAILABLE CREDIT FOR CASH 5000 Finatrce Chilpes pow am reverse for upatert infaaiaton) Behr= rats Peodc CarsepordV FRAHM Road b rata APR CHARGE Purchases $N8 13 0.123396 D 26.40% $dh79 Cash SOHO 0.07233!6 D 25.40% $0.00 ANNUAL M!RC9rrAAE RATE applied Wan period: !0. ® AtY*w$m rs lilM4104 TowlOabrrr fileore a'b spat a W W dYM=d ® Sand pryraaarlb b: Opeal Ore Bank •PD Boer 70884• Gotten, NC M M.M A Send bgLdrin l o: 00PNOsPO 5JKM -SdLak0Wl1TB4130-= For Maeaftnelft on yourRaswads: ?: wwwrapaedema?rrisaarsde Ont 14OD-ZEMI ® Have aquestion aboatacherpeanyewviabnerd? Pbsaw refer b the Barg Rghla Summany on the beck of yw statement or vest F FAY PM AT nAV His AMD N1 yw,e oelard oy five peymanls so woW Pwmienlly depended your &"" Pwkgw Ifyou don't make a nutrient payment rn the nod 7 weals yorr amm" is at nac fa terg c"137d Off and reported to the rehonal credit wasis Please rant tea this happen l yorhe to" mimed, rnl is at 1800 965.6600 Wei wont wth you to resolMe the matter Rewards Summary Pteinc s misiWis tshrace. 908 Earned to pa.od 0 QvIlftha Qbonspo*dduneIhabisggcb) A wleble Balance 908 Did you know that you could eam ands rewards when you mete puctsses at amheMs n or preferred nlsrork7 Visa our webeke at wwwa p taloned Br more raomsbon Payments Cmdb & Adustmerrts Transacdons 1 D4FEB PAST DUE FEE $39.0 Under lens prwm* dsdosed b you, some or all of ymAnnual PaCanisee Rats (APRs) have been rOeeseaarmyowaccutwespestdoW=nmspeotl2blfregaes Nymrrateshmeateady rtaeaaed 9a6eegsra dekll}Lancrw eLOerLdW lie duabm d tae ancreesad haw Rarsrtlber Itwe racewe Mr nwnLin mwd* payment on true for 12 caaseclbm biag c1des, On account wan be winewed for a pooabb raker. b your Narlrnodcbly APR You were stweseed apart de tee because your m ranm payment was not received by the to date To avod ft fee n the Llue, we recommend that you allow at lent 7 twseess days fa your msanun payment b reach Clapdd One. EXHIBIT I PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO MM.CAPRAlDNE.COM TO MAIM YOUR PAYMENT ONLINE 0 4115072617200715 03 0946690272230446699 one what's in your wal6W New Balance Niinlimm Payment Due Date $946.69 $446.69 Mar. 03, 2008 PLEASE PAYAT LEAST THISAMOUNT Amount Enclosed Capital One Bank P.O. Box 70664 Charlotte, NC 26272-0664 Account Number. 4115-0726-1720-0715 Please print address or photo nanber dmnges below Leung bkn or black irk lWroe Hwna A/a>rrore Alone r-m?araatdrea 090D3671856681511# MAIL ID NUMBER ADAM GORDON AIRMISERS ASSOCIATESS 3.11 MAPLE DR MECHANICSBURG, PA 17USO-2765 ur?l?m???anrlrlr??uualrllur?r?lnalrluu?lurllalrlr 7019393 Po= write your account number on your dedl or money older made payable to Capital One Bank and mail with this wWon in the enclosed envelope. CAPITAL ONE BANK (USA), N.A., Plaintiff, V. AIRWISERS ASSOCIATESS 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: )21031200] A atak I Aleksander Cher 's A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 04 ? v 313 W c-n SHERIFF'S RETURN - REGULAR CASE NO: 2009-00546 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS GORDON ADAM ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon AIRWISERS ASSOCIATES the DEFENDANT , at 0020:06 HOURS, on the 5th day of February-, 2009 at 111 MAPLE DR MECHANICSBURG, PA 17050 BONNY GORDON (ADULT IN CHARGE) a true and attested copy of NOTICE COMPLAINT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit 10.00 Surcharge .00 .00 16.00 Sworn and Subscibed to before me this day of , by handing to So Answers: R. Thomas Kline 02/06/2009 WELTMAN, WEINBERG & RIES By . Deputy Sheriff A. D. 2W -w y5 ? .u.r SHERIFF'S RETURN - REGULAR CASE NO: 2009-00546 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS GORDON ADAM ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon GORDON ADAM the DEFENDANT at 0020:06 HOURS, on the 5th day of February-, 2009 at 111 MAPLE DR MECHANICSBURG, PA 17050 BONNY GORDON (ADULT IN CHARGE) a true and attested copy of NOTICE COMPLAINT by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 9.00 * 00 10.00 R. Thomas Kline .00 37.00 02/06/2009 WELTMAN, WEINBERG & REIS By Cgele:?'? day Deputy Sheriff A. D. ri N 77 .? t : - G`+ ' C t 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. ADAM GORDAN individually and DB/A AIRWISERS ASSOCIATES Defendants No. 09-546 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#7019393 Judgment Amount $ 1,357.72 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. ADAM GORDAN individually and DB/A AIRWISERS ASSOCIATES Defendants Civil Action No. 09-546 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendants, ADAM GORDAN individually and DB/A AIRWISERS ASSOCIATES above named, in the default of an Answer, in the amount of $1,357.72 computed as follows: Amount claimed in Complaint $1,217.78 Interest from OCTOBER 29, 2008 TO MAY 7, 2009 at the legal interest rate of 25.10%o per annum $139.94 TOTAL $1,357.72 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: W - r_ -- WILLIAM T. MOLL SQUIRE PA I.D.#47437 weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7019393 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 Defendants is: 111 MAPLE DR, MECHANICSBURG, PA 17050 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 09-546 CIVIL TERM ADAM GORDAN individually and DB/A AIRWISERS ASSOCIATES Defendants 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 -/ y ,. Dc1 (xx) Assumpsit Judgment in the amount of $1,357.72 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: PRO ONOTAR U ) ADAM GORDAN 111 MAPLE DR 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 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 09-546 CIVIL TERM ADAM GORDAN individually and D/B/A AIRWISERS ASSOCIATES Defendants 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 s /?- (xx) Assumpsit Judgment in the amount of $1,357.72 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: 9__ il" . , PRO ONOTARY EP Y) AIRWISERS ASSOCIATES 111 MAPLE DR MECHANICSBURG, PA 17050 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7's Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs ADAM GORDAN individually and DB/A AIRWISERS ASSOCIATES Defendants Case no: 09-546 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, ADAM GORDAN individually and DB/A AIRWISERS ASSOCIATES 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, ADAM GORDAN individually and DB/A AIRWISERS ASSOCIATES is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN TO AND SUB RIBED in my presence this 8 day of MAY, 2009. Y COMMONWEALTH OF PENNSYLVANIA. mm w Seal Wsyns A. Jonn, AkgWy Cou o City of Pittsburahurg, County My Cwnmisslon AM 20.2010 Member, Penns Notod" Request for Military Status Department of Defense Manpower Data Center Military Status Report iff Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 MAY-04-2009 08:12:06 -< Last Name First/Middle Begin Date Active Duty Status Service/Agency GORDON ADAM 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. ANt 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.htm1 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 !D: BMTTYNYJZTZ https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 5/4/2009 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. ADAM GORDON AIRWISERS ASSOCIATESS Defendant Case No. 09-546 CIVIL TERM IMPORTANT NOTICE TO: ADAM GORDON 111 MAPLE DR MECHANICSBURG, PA 17050 Date of Notice: -*Q1 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 WELTM6", WEINBERG & REIS CO., L.P.A. By: Matthew 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 7019393 N PIT BNT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. ADAM GORDON AIRWISERS ASSOCIATESS Defendant Case No. 09-546 CIVIL TERM IMPORTANT NOTICE TO: AIRWISERS ASSOCIATESS 111 MAPLE DR MECHANICSBURG, PA 17050 Date of 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: Ma w Urban P.A1D.# 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 7019393 N PIT BNT ' rr. 1f r tai= THLE 2009 PI "A Y 14, PM 2 2 r y ors aC a?' k Ala 701 rQ4 a, 5-3 P,??`?h ,Fled