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Home My WebLink About09-0984 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: (A- q$4 e4,.?[Te*04 VS. COMPLAINT IN CIVIL ACTION MEGAN R VAUGHN 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 07093748 C N Pit REA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No MEGAN R VAUGHN 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: MEGAN R VAUGHN 225 W COOVER ST APT 15 MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX0638 . 4. Defendant made use of said credit card and has a current balance due of $1328.27 , as of December 08, 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 28.10001 per annum on the unpaid balance from December 08, 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 , MEGAN R VAUGHN , INDIVIDUALLY , in the amount of $1328.27 with continuing interest thereon at the rate of 28.100% per annum from December 08, 2008 plus costs. James C. rmbrodt,42524 WELTMAN, EINBERG & REIS CO., L.P.A. 436 Seve h Avenue, Suite 1400 Pittsbu g , PA 15219 (412) 4 7955 FAX: 4 2 338-7130 070937 C N Pit REA This law firm is a debt collector attemptifig to collect this debt for our client and any information obtained will be used for that purpose. FINANCE Previous Balance Payments cull Credits CHARGE Transactions New Balance Minimum Payment Due Date $682 54 - $0 00 + $14 92 + $29 00 = $726 46 $226 46 Apr 07, 2007 Feb 08, 2007 - Mar 07, 2007 Page 1 of 1 ?•'•• PLEASE MY AT LEAST THIS AWRIAT MasterCard Platinum Account 5178-05254938.M Your Account Information TOTAL CREDIT LINE $50000 TOTAL AVAILABLE CREDIT $000 CREDIT LINE FOR CASH $50000 AVAILABLE CREDIT FOR CASH $0 00 Finance Charges (Please see reverse for irtparlant nfarmation) Balance ? a Periodic Corresponding CHARGE Purchases $690.72 007712%D 2815% $1492 Cash $000 007712%D 2815% $000 ANNUAL PERCENTAGE RATE applied this period. 28.15% Q At Your Service 14IM903.3637 To cal Customer Relations or to report a lost or stden card You're behind by three payments That means you are temporarily unable to make new purchases or get cash advances But you can regain your Capital One charging privileges and bring your account beds Into good standing by paying the amotrd due on your statement. If youree having trannal difficulties and you're teeing overwhelmed - we want to help. Give one of our associates a call at 1 800 955 6800 You'd be surprised what we can do together to work this out. Pay rats, Credits & Adjustments Transactions 1 07 MAR PAST DUE FEE $2900 Under terms previously disclosed to you, some or all of your Annual Percentage Rates (APRs) have been increased since your aocount was past due twice in the past 12 billing cycles If your rates have already increased, subsequent delinquencies extended the duration of the increased rates Remember If we receive your minimum monthly payment on time for 12 consecutive billing cycles, this account will be reviewed for a possible return to your Non-Inhndwir ry APR 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 at least 7 business days for your minimum payment to reach Capital One ® Sendpaymentsto. Capital One Bank P08.701154 Chnbtte, NC 282720884 A Send inquiries to. Capital One P.0 Box 30285 Sat Lake City, UT 81130-0285 EXHIBIT ?k - 6056 506 1 7 7 070307 PAGE 1 of 1 OIBC6056 PLEASE RETURN PORTION BELOW WITH PAYMENT 0 5178052549380638 07 0726460050000226462 ??" I whaYSnyourwallet? 4311111W Account Number: 5178-0525-4938-0638 New Balance Minimum Payment Due Date Please print address or phone number changes below using blue or black ink C$726 46 C$226 46 Apr 07, 2007 Address PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed Home Phone AAtemate Phone E mall address Q e9006712045236735* MAIL ID NUMBER MEGAN R VAUGHN 225 W COOVER ST APT 15 MECHANICSBURG, PA 17055-6441 Capital One Bank P.O. Box 10884 ?r?rr???rrr?r?rr?rrr?? Charlotte, NC 28272-0884 llinll 1 ILILr6idrllrolnlEllli1111111111111111111111 61 193748 Please write your account number on your check or money order made payable to Capital One Bank and mail with this coupon in the enclosed envelope PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. MEGAN R VAUGHN 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 a best of his/her knowledge, information belief. IM? Dated: / li(ti' I J 4-2&ie Williams A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 491- 0 SHERIFF'S RETURN - REGULAR CASE NO: 2009-00984 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA N A VS VAUGHN MEGAN R SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE BAUGHN MEGAN R was served upon the DEFENDANT , at 0008:49 HOURS, on the 21st day of February-, 2009 at 225 W COOVER ST., APT 15 MECHANICSBURG, PA 17055 MEGAN VAUGHN DEFENDANT by handing to 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 Service 18.00 9.00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 37.00 02/23/2009 WELTMAN WEINBERG & RE S Sworn and Subscibed to By: q1; before me this day Deput eriff of A.D. .-.a .? {„ °1 ' ? y .? -a ?.;-, ?' ?`??' R-, .? «;?, . F.. ?; ;.;: ?' r/ 1. *, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. MEGAN R VAUGHN Defendant No. 09-984-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#7093748 Judgment Amount $ 1437.50 N IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No. 09-984-CIVIL TERM MEGAN R VAUGHN Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, MEGAN R VAUGHN above named, in the default of an Answer, in the amount of $1437.50 computed as follows: Amount claimed in Complaint $1328.27 Interest from DECEMBER 8, 2008 TO MAY 6, 2009 at the legal interest rate of 28.100% per annum $109.23 TOTAL $1437.50 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. MOLCZA rESQUIRE PA I.D.#47437 / Weltman, Weinberg & Reis Co., L.P.A 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7093748 Plaintiff's 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: 225 W COOVER ST APT 15, MECHANICSBURG, PA 17055 t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. MEGAN R VAUGHN . Defendant TO: MEGAN R VAUGHN 225 W COOVER ST APT 15 MECHANICSBURG, PA 17 55 Date of Notice: - 3 Case No. 09-984 CIVIL TERM IMPORTANT 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 WELTM , 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 7093748 N PIT KM3 0 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. MEGAN R VAUG14N Defendant Case no: 09-984-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, MEGAN R VAUGHN 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, MEGAN R VAUGHN is not in the military service. Further Aff ant sayeth naught. AFFIANT SWORN TO AND SUBSCRIBED in my presence this 28TH day of APRIL, 2009. 4NARY PUB COMM LTH OF PENNSYLVANIA f NogirlN ?? P Mayne A JOMe, Notary City of pt"Wrph, A1090" ? 1! 2010 1 My Gomrrwwelon 9wr ?tembe=, Request for Military Status r Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 MAY-06-2009 08:02:57 Last Name First/Middle Begin Date Active Duty Status Service/Agency VAUGHN MEGAN 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.miFfaq/pis/PC09SLDR.htrnl 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 ID: UIDXEMRXPJ https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 5/6/2009 M 1 w F i-Fi'f- r ("' T J 2]Dl ? t I " i' 27 Ali' i!: C9 dd 7*? L- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 09-984-CIVIL TERM MEGAN R VAUGHN 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 (xx) Assumpsit Judgment in the amount of $1437.50 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 (x x) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: 1 A AA OTHONOT D MEGAN R VAUGHN 225 W COOVER ST APT 15 MECHANICSBURG, PA 17055 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