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HomeMy WebLinkAbout09-0779 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. JEFFREY C BEINHAUR Defendant G?w'1 ?erµ 01' 777? No: 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 07062855 C N Pit IAS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION P CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No Q ` 7? JEFFREY C BEINHAUR 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. Paaintiff, 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: JEFFREY C BEINHAUR 155 CREEKWOOD DR CAMP HILL, PA 17011 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX3681 . 4. Defendant made use of said credit card and has a current balance due of $31484.68 , as of November 25, 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 19.9000 per annum on the unpaid balance from November 25, 2008 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 111" 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 , JEFFREY C BEINHAUR , INDIVIDUALLY , in the amount of $31484.68 with continuing interest thereon at the rate of 19.900% per annum from November 25, 2008 plus costs. fames c. rodt,42524 WELTMAN, WE NB ERG & REIS CO., L.P.A. 436 Sev nth Avenue, Suite 1400 Pittsb gh, PA 15219 (412) 34- 955 FAX: 4 2- 38-7130 07062 5 C N Pit IAS This law firm is a debt collector attemptlXg to collect this debt for our client and any information obtained will be used for that purpose. EXHIBIT FINANCE Previous Balance Payments & Credits CHARGE Trensaetbns Now Balance Minimum Payment Due Doh C$24,397 76 - $609 00 + $545 63 + $94390 $25,278 29 $631 00 Jul 27, 2007 May 24, 2007 - Jul 02, 2007 Page 1 of 2 PLEASE PAY AT LLST TIVS AWAJKT Visa Platinum Account ?• 430&7221.48aM•3681 r(/YOHassk Your Account Information REWARDS TOTAL CREDIT LINE $25,00000 TOTAL AVAILABLE CREDIT $000 CREDIT LINE FOR CASH $12,50000 AVAILABLE CREDIT FOR CASH $000 Finance Charges (Please see reverse for i rportant nformaDwn) B?pied to rate Paste Comespondng CW RGE Purchases $22,03689 005452% 199D% $48058 Cash $000 005452% 1990% $000 SpeaaRrans $2,98304 005452% 1990% $6506 ANNUAL PERCENTAGE RATE applied this period. 19.80% IMPORTANT INFORMATION ABOUT YOUR GRACE PERIOD If you pay your balance in ful every month by your due data, you will enjoy an intereat free grace period of 25 days on new purchases Paying by your due data also helps you avad lade fees Plreae see the back of your statement for more details and Munk you for your business wards Summa Previous available balance 1,615 Earned this period 663 (rellw.tr transactions ported during aura 6akg cycle) Forfeited this period 488- Available Balance 1,990 Payments, Credits & Adjustments 1 26 JUN CAPITAL ONE ONLINE ACH PAYMENT $609 00- Transactions At Your Service 1.800.856.7070 To od Custonw Raldae v to repot a bd or alder card ® Sand payments to. Capdd One Bart P.O Bonk 70164 Charlotts, NC 28272-0MM4 e Send irgtMa to. Cepad One P O Bonk 30285 Sri Lake City. UT 8030-0285 ® For more Information on your Rewinds. Yea. www aprlakne.sknLrpoirdsrewards Cal 1-800-228-3001 6056 506 1 07 1 070702 2 22 MAY WESTY BEER DIST INC CAMP HILL PA $5511 3 24 MAY WINE & SPIRITS 6708 NEW CUMBERIAN PA $10223 4 24 MAY WEIS MARKETS #125 S CAMP HILL PA 11325 5 30 MAY PA DRIVERNEHKAE SERV SM-932-M PA $3600 6 31 MAY TROEGS BREWING COMPANY HARRISBURG PA $5829 7 01 JUN TROEGS BREWING COMPANY HARRISBURG PA $51.40 8 08 JUN TROEGS BREWING COMPANY F462RISBURG PA $5140 9 08 JUN WESTY BEER DIST INC CAMP HILL PA $71.47 10 14 JUN WESTY BEER DIST INC CAMP HILL PA $5511 11 15 JUN TROEGS BREWING COMPANY HARRISBURG PA $51.40 12 23 JUN PAST DUE FEE $39 OD 13 28 JUN TROEGS BREWING COMPANY HARRISBURG PA $51.40 14 28 JUN RANGE END GOLF CLUB DILLSBU RG PA $2499 15 28 JUN WESTY BEER DIST INC CAMP HILL PA $4511 16 28 JUN THE HOME DEPOT 4120 MECHANICSBURG PA $9855 17 28 JUN SUPER SHOE 97 MECHANICSBURG PA $3999 18 29 JUN CITY LOOKS CAMP HILL PA $3000 19 30 JUN TROEGS BREWING COMPANY HARRISBURG PA $30 20 PAGE 1 of 3 OlDM6056 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO W W W CAPITALONE COM TO MAKE YOUR PAYMENT ON UNE 0 4305722148893681 01 0000000609000631002 ()W I what's in your walleO Account Number: 4305-7221-4889.3681 New Balance Minimum Payment Due Date Please print addressor phone number changes below using blue or black ink $25,278 29 $631 00 Jul 27, 2007 Address PLEASE PAY AT LEAST THIS AMOUNT Nome Phone Alternate Plane f-mall address a Amount Endosed #9018405842556724# MAIL ID NUMBER JEFFREY C BEINHAUR 155 CREEKYOOD DR Capital One Bank CAMP HILL, PA 17611-6461 P.O. BDK 70864 Illll lallllllall 111 ll' lul'llnEl"uunll ull'Inlnlll'l1Y'll ll?'1'If11 ?1I1?lI HI Charlotte, NC 26272-0884 [1,I1IIt11911l1l1r1r'Ie Ir III111'Il IIIll lelll l'lltl ulss'I111II 7062855 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 FINANCE Previous Balance Payments 8 Credits CHARGE Transactions Now Balance Minbnum Payment Due Data $24,397 76 - $609 00 + $545 63 + $943 90 = $25,278 29 $631 00 Jul 27, 2007 May 24, 2007 - Jul 02, 2007 page 2 of 2 PLEASE PAY AT LEAST THS AMQUAT Transactions (cordinued) Via Platinum Account 1305722146W3661 20 02 JUL OVERLIMR FEE JUL 02, 2007 $3900 Your Account Information REWARDS TOTAL CREDIT LINE $25,00000 TOTAL AVAILABLE CREDIT $000 CREDIT LINE FOR CASH $12,50000 AVAILABLE CREDIT FOR CASH $0 00 You were assessed a pest due fee bemuse your mLrenum payment was not reserved by the due data To evad Bins fee in the future, we recommend that you allow at least 7 business days for your numum payment to reach Capital One Capital One Horne Loans offers a variety of no hassle hone ban products, including 5rst mortgages, refinance and debt consolidation loans, as well as home equity loans and lines of credit. Our team of experienced professionals understands that your situation is unique so your loan solution should be too You1 have the one-mons aeenfon of the same personal ban oorsulWht from cell to dose Visit www rspitabnehmaloans.com for more information Capital One a an Equal Housing Lander 7062855 6056 506 1 07 1 070702 PAGE 2 of 3 OlDM6056 PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. JEFFREY C BEINHAUR 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 belief. Dated: 12-- / l? 6z6 _ `W'xJ, ?- 0 Melvin Drumgold A049 WELTMAN, WEINBERG & REIS CO., L.P.A. fi . r ?a SHERIFF'S RETURN - REGULAR CASE NO: 2009-00779 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPTIAL ONE BANK USA NA VS BEINHAUR JEFFREY C ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE BEINHAUR JEFFREY C was served upon the DEFENDANT , at 0017:15 HOURS, on the 17th day of February-, 2009 at 155 CREEKWOOD DR CAMP HILL, PA 17011 by handing to JEFFREY BEINHAUR 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 Sworn and Subscibed to before me this of So Answers: 18.00 13.50 .00 10.00 R. Thomas Kline .00 41.50 02/18/2009 WELTMAN WEINBERG & REIS By: day Deputy Sheriff , A.D. C-' -r, CD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPTIAL ONE BANK (USA), NA Plaintiff VS. JEFFREY C BEINHAUR Defendant No. 09-779 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT 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 Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7062855 Judgment Amount $ 34,162.52 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPTIAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 09-779 CIVIL TERM JEFFREY C BEINHAUR Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, JEFFREY C BEINHAUR above named, in the default of an Answer, in the amount of $34,162.52 computed as follows: Amount claimed in Complaint $31,484.68 Interest from November 25, 2008 to April 30, 2009 at the legal interest rate of 19.900% per annum $2,677.84 TOTAL $34,162.52 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. ODT, ESQUIRE Weltman, inberg & Reis Co., L.P.A. 1400 Ko ers Bldg. 436 Sev nth Avenue Pittsburgh, PA 15219 (412) 434-7955 By: JAMES C. W MBR PA I.D.#425 WWR#7062855 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7 h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 155 CREEKWOOD DR CAMP HILL,PA 17011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. JEFFREY C BEINHAUR Defendant Case No. 09-779 CIVIL TERM IMPORTANT NOTICE TO: CEFFREY C BEINHAUR 55 CREEKWOOD DR AMP HILL, PA 17011 C/O THOMAS YORK 3511 N Front Street Harrisburg PA 17110, f? Date of Notice: V 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: / 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 7062855 N PIT BNT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. JEFFREY C BEINHAUR Defendant Case No. 09-779 CIVIL TERM IMPORTANT NOTICE TO: JEFFREY C BEINHAUR 155 CREEKWOOD DR CAMP HILL, PA 17011 C THOMAS YORK 3511 N Front Street arrisburg PA 17110, Date of Notice: ?L 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 WELTMAA, 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 7062855 N PIT BNT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPTIAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 09-779 CIVIL TERM JEFFREY C BEINHAUR 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 ??q (xx) Assumpsit Judgment in the amount of $34,162.52 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 JEFFREY C BEINHAUR 155 CREEKWOOD DR CAMP HILL,PA 17011 ITHONO (OR PUTY) Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7"' Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPTIAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 09-779 CIVIL TERM JEFFREY C BEINHAUR 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 P22?,, 2GnS (xx) Assumpsit Judgment in the amount of $34,162.52 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 Thomas York, Esquire The York Legal Group, LLC 3511 N Front Street Harrisburg, PA 17110 By: PRO ONOTA D UTY) Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7't' Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPTIAL ONE BANK (USA), NA Case no: 09-779 CIVIL TERM Plaintiff vs. JEFFREY C BEINHAUR 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, JEFFREY C BEINHAUR 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, JEFFREY C BEINHAUR is not in the military service. Further Affiant sayeth naught. AFFIANT y presence this - ; day SWORN TO AND SUBS /?Avf of NOTAY) coMMONW TH OP PENNSYLVANIA Notarial seed Wendy L Gault, Notary Pubk Cky of pktsbao, AABVMW Qa? my Corrrr?ieow E> Member, pennerylvenie Aeraoae"n of NoleAe` Request for Mi',_itary Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 APR-30-2009 10:10:56 -< Last Name First/Middle Begin Date Active Duty Status Service/Agency BEINHAUR JEFFREY C 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 4/30/2009 Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: BRLC6'HQWUGQ https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 4/30/2009 FLED- n. 1 -?.L 4A41 c? ?$7n?`? LCCL MW C3 Win; r7l, r C-) wi r7 us -G -- c- IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA -< ° IN RE: JEFFREY C. BEINHAUR TRACEY E. BEINHAUR Debtors CASE NO. 1-12-03400-RNO CHAPTER 13 JEFFREY C. BEINHAUR TRACEY E. BEINHAUR Movants V'S. CAPITAL ONE BANK (USA), NA Respondent ORDER AVOIDING JUDGMENT LIEN Upon consideration of Debtor/Movants' Motion to Avoid the Judicial lien filed against certain residential real estate owned by the Debtor/Movant situate at 155 Creekwood Drive, Camp 1-dill, Pennsylvania, filed by Respondent, Capital One Bank (USA), NA, to Number 09-779 in Cumberland County, Pennsylvania, IT IS HEREBY ORDERED AND DECREED that the Judgment lien to Number : I held by Capital One Bank (USA), NA in Debtors' property is hereby avoided once Debtors successfully comoletes their Chapter 13 Plan. A copy of this Order may be recorded in the Cumberland County Prothonotary's Office to evidence avoidance of aforementioned Judgment lien. CERTIFIED FROM THE RECORD e '* Y so Zd 1ga Ok0 r'11? Robert N. Opel, II, Bankniptcy Judge 1 Dated: November 30, 2012 Dated: December 12, 2012 By the Court, 6.-A v. Case 1:12-bk-03400-RNO Doc 38 Filed 11/30/12 Entered 11/30/12 12:21:56 Desc Main Document Page 1 of 1