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Home My WebLink About09-0663IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: Oq_ (.0(03 0"Vil terlM vs. AMANDA M CAP 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 07070533 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 AMANDA M CAP 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: AMANDA M CAP 304 N FAYETTE ST SHIPPENSBURG, PA 17257 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX0354 . 4. Defendant made use of said credit card and has a current balance due of $1506.79 , as of December 03, 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 20.4009.- per annum on the unpaid balance from December 03, 2008 . A copy of Plaintiff's STATEMENTS 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 , AMANDA M CAP , INDIVIDUALLY , in the amount of $1506.79 with continuing interest thereon at the rate of 20.400% per annum from December 03, 2008 plus costs. James C. a ro t,42524 WELTMAN, E NBERG & REIS CO., L.P.A. 436 Sev th Avenue, Suite 1400 Pittsbu gh, PA 15219 (412) 34-7955 FAX: 2-3 8-7130 07070 33 N Pit IAS This law firm is a debt collector attempfi to collect this debt for our client and any information obtained 1 be used for that purpose. r FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date C$ - $0 00 + $21 60 + $68 00 = $1,116 47 $366 47 Jul 10, 2007 May 10, 2007 - Jun 15, 2007 Page 1 of 1 PLEASE PAY AT LEAST THIS AMLaIAT Visa Platinum Account 4862.3626.1593-0354 Your Account Information TOTAL CREDIT LINE $75000 TOTAL AVAILABLE CREDIT $000 CREDIT LINE FOR CASH $75000 AVAILABLE'CREDIT'FORCASH $000 Finance Charges, {Please see reverse fore, 111 on Balance rate Periodic Corresponding FINANCE applied to rate APR CHARGE Purchases $1,044 65 0 05589% P 20.40% $2160 Cash $0 00 0 05888% P 2149% $000 ANNUAL PERCENTAGE RATE applied this period. 20.40% Q At Your Service 14800903.3637 To car Custorm Relations or to report a bat or stolen card ® Send payments to. Capital One Banc P 0 Box 7D884 Charlotte, NC 28272-OON Send inquiries to. Capital One P 0 Box 302115 Sati Lake City, UT 8413Dd285 Your account is six payments behind If we charge off your account due to late payments, we will 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 1 800 955.6600 Well work with you so you can take control of your account and start rebuilding your credit with Capital One IMPORTANT INFORMATION ABOUT YOUR GRACE PERIOD R you pay your balance in full every month by your due date, you well enjoy an Interest-tree grace period of 25 days on new purchases Paying by your due data also helps you avcrd late fees Please see the back of your statement for more details and thank you for your business Payments, Credits & Adjustments 09 JUN PAST DUE FEE 15 JUN OVERLIMIT FEE JUN 15, 2007 $3900 $29 W Your account is 90 days past due and your Payment Protection coverage has been suspended As stated in your Payment Protection agreement, your coverage and monthly charge will be reinstated once your account is no longer 90 days past due You may still be eligible for benefits to be pad to you account for loss everts described in you Payment Protection agreement. Call Stwetindge Benefit Services at 1-888-527-6904 to see d you situation quaffies for benefits You were assessed a past due fee because your minimum payment was not received by the due date. To avoid this fee in the future, we recommend that you allow al least 7 business days for your minimum payment to reach capital One Elm doommmk? 6056 506 1 7 15 070615 Y'•Wale, what's in yourwallet7 New Balance Minimum Payment Due Date C$1,116 47 Ci366 47 Jul 10, 2007 PLEASE PAY AT LEAST THIS AMOUNT PAGE 1 of 1 OIDM6056 PLEASE RETURN PORTION BELOW WITH PAYMENT 0 4862362615930354 15 1116470015000366470 Account Number. 4862-3626-1593-0354 Amount Endosed Capital One Bank P.O. Box 70884 1IIIIIIII"'IIIItIgill Charlotte, NC 26272-0884 Meese print address or phone number changes below using blue or black ink Home Phone Alternate Phone E-mail address___ Q #9016790206137605# MAIL ID NUMBER AMANDA M CAP 111 Y BURD ST SHIPPENSBUR6, PA 17257-1110 170533 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 PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. AMANDA M CAP 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 Complaint in Civil Action are true and correct to the best of his/her knowledge, information and be Dated: l Z b b-'6 C CFi&a' Edward Piotrowski A049 WELTMAN, WEINBERG & REIS CO., L.P.A. -1# 9-5 R? Od s CJ ? c o Q l30 ? rn a c v a ? •- - ' ?, , { _4 SHERIFF'S RETURN - REGULAR CASE NO: 2009-00663 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA N A VS CAP AMANDA M GERALD N WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE CAP AMANDA M was served upon the DEFENDANT , at 0017:57 HOURS, on the 13th day of February , 2009 at 304 N FAYETTE ST SHIPPENSBURG, PA 17257 by handing to AMANDA M CAP DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service -18.00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 46.00 02/13/2009 WELTMAN WEINBERG & REIS Sworn and Subscibed to By before me this day Deputy She ff of A.D. *'°' ., C 1 c::? ? ? ll ? ---{ ---! E ?'t T'": .r.t w _? ;`.` :. '?, .'T:j - fixi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. AMANDA M CAP Defendant No. 09-663 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#07070533 Judgment Amount $ 1,588.89 r• IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 09-663 CIVIL TERM AMANDA M CAP Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, AMANDA M CAP above named, in the default of an Answer, in the amount of $1,588.89 computed as follows: Amount claimed in Complaint $1,506.79 Interest from December 03, 2008 to April 07, 2009 at the legal interest rate of 20.40% per annum $82.10 TOTAL $1,588.89 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, Esqujfe PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#07070533 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7s` Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 304 N FAYETTE ST, SHIPPENSBURG, PA 17257 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Case no: 09-663 CIVIL TERM Plaintiff VS. AMANDA M CAP. 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, AMANDA M CAP 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, AMANDA M CAP is not in the military service. Further Affiant sayeth naught. r AFFIANT SWORN TO AND SUBSCRIBED in my presence this of 1 / - . r3r?' - day C, Al - i C),= F'E1*In'SyM VANL? NO RY PUBL t Jon Wayne A. Joni>, N<?lnry Public City Of Pittsburgh. .?tieny County My Corrrn ysion E;,- ; June 29' ?010 Memher. Venn j v n;,, n 6 Nut<>r;es Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 APR-07-2009 11:01:47 -C Last Name First/Middle Begin Date Active Duty Status Service/Agency CAP AMANDA M 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. olal )4. V 6 0014.? 441w_ 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: ft://www.defenselink-mil/faq//pis/PC09SLDR.htmi 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 4/7/2009 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. AMANDA M CAP Defendant Case No. 09-663 CIVIL TERM IMPORTANT NOTICE TO: AMANDA M CAP 304 N FAYETTE ST SHIPPENSBURG, PA 17257 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 WELTkjN, 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 7070533 N PIT KM3 FLED T 2009 AFF? 20 AN T 13 14.oo po ft ? s3, 5f ?` aa431 o Via, Cl IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. Civil Action No. 09-663 CIVIL TERM AMANDA M CAP Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or ud ent was entered against you on q .41 Z (xx) Assumpsit Judgment in the amount of $1,588.89 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: 7 PR HONOTARY TY) lll?r AMANDA M CAP 304 N FAYETTE ST SHIPPENSBURG, PA 17257 Plaintiff's 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