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Home My WebLink About09-1222IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. No: Oct- taaa C"wo\-eXVL COMPLAINT IN CIVIL ACTION VANESSA K MOORE 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 07117542 C N Pit LXR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No VANESSA K MOORE 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: VANESSA K MOORE 470 CENTERVILLE RD NEWVILLE, PA 17241 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX3593 . 4. Defendant made use of said credit card and has a current balance due of $1560.86 , as of January 14, 2009 . 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 24.900W per annum on the unpaid balance from January 14, 2009 . 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 , VANESSA K MOORE , INDIVIDUALLY , in the amount of $1560.86 with continuing interest thereon at the rate of 24.900W per annum from January 14, 2009 plus costs. fames L. armnroat,42524 WEL WEINBERG & REIS CO., L.P.A. 436 S enth Avenue, Suite 1400 Pitts urgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07117542 C N Pit LXR 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. EXHIBIT RiNANCE Previous a"M Paymanls 3 Credits ""E Trarlsactlorla New Balance Wnimtm Payment D. Dale C?,220.97D - C$0.00 + C:$25.66::)-, $39.00 = $1,265.62 $485.62 May. 28, 2008 Apr. 02, 2008 - May. 01, 2008 Page 1 of 1 NlaebrCafd Plothain Account Your Account linfornutlon TOTAL REVOLVING CREDIT UNE 1800.00 TOTALAVALABLE REVOLVING CREDIT $000 CREW UNE FOR GASH $900 00 AVAILABLE.CREDIT FORCASH $000 P 'WE PAY AT IFA7'M Awb M Yahe betnd try oC caymans If we charge off your accant die to lsta or mused pefniorlc, fnum dergm wil Contras to worue Ad w* to orevrent the form happen g Please pay the meanm payment snout on your statement or give us a cal at 1=9115-M Wd re bare to nap 1 ake Contd of your oredt wih CapWine. -Irr mitt Nobor Undx to temre we pr m* -'acbeed b you, your aowu t s rvN eh*b form increase n An-W Per oand a Palm (APRs) elfecbe mnuadrely Fbwerer. CgAW One ho elected notbranaywAPRitatlaatms. PlemahaedreedWfyaufmtbkeepya w=stngood. starch u Capri One r omm the ngttb raeeyourAPRs in the future. Finance Churyrs (Flame we reverse for mportard rnbmuebon) Balance rate Perodc Correepondrg FRINGE Ooadlo nose APR CHAM Pudww $87624 0.MW% D 251996 $18.11 Cash $36481 0.0=% D 25.15% $754 AiNUAL PERT NTAOE RATE applod #6 psrbd: 2L15% ® AtYourSenim 14004OMW To od Qabner FOMDU orb report a bet or dA. cad 0 SwellFIV - its b: Oder 011e 9QU6A M - P 0 Boer 70884 - Doolittle, NC 221272-0884 APINI r Ors IP P 0 A b: D P 0 Bmc 30785-Sd Ude City. Uf 8413L9-07B6 Hm a gtaatlon about a chrge on your dabmwf7 Please refer to the BArg Rights Sunmery on the took of your statement or vrsi www-owdabriepornoldimutas Payrnenh6 Credits do Adbohnents Traasacum 1 25 APR PAST DUE FEE $3800 You a=nt has gars war b aedt brook To wood vilh oral o atrt bas, phom pair enough to brm your balnoe bebw your aedt bmt mmedd*. umd make an you norm below your serf imt Please be sue to acoard for arty future pudieaea, few, mW fna oe charges You were oseswd a pot due be boom yar mrarun payment was not rw wW by the due dae To avoid lss fee in the fu n, we recommend that you slow at least 7 busnass days bryour nranun pWmrert b reach Cmpaf One. PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO W W W J:APIrAIONE COM TO MAKE YOUR PAYMENT ONLINE Col~ kle what's in your wallet?* 0 5291152093273593 01 1285620030000485622 New Behom MMimum Payment Due Date C$1,285.62 C$4i62::) May. 26, 2008 PLEASE PAY AT LIA5T THIS AMOUNT Amount Endosed Capital One Bk(USA),NA ?r?rn?rrr??n?nn??rnn?? Box 664 P.O. Charlotte,70NC 28272-0664 Account Number. 5291-1520-9327-3593 Pler<se print address or phone number dwvjn bebw ding blue or Made ink .lath tbrne Plane Af&nnV Plane Haafadafea #9012340691290156# MAIL ID NUMBER YANESSA K MORE 2626 WALNUT BOTTOM RD CARLISLE, PA 17015-4329 ur111nn111nloll 11r1111111nu11un1n11n1loll 11111rrnlrll 17 542 Please write your account number on your check or momeyoder made payable to Capital One Bk(USI),NA and mail with 1ha coupon in the errdoaed envelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. VANESSA K MOORE 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 Compl ' n Civil Action are true and correct to the best of his/her knowledge, information and belief. Dated: ?!0 cot ( g( " Edward Piotrowski A049 WELTMAN, WEINBERG & REIS CO., L.P.A. Cn t- r.a u3 C-. ^J r. Sheriffs Office of Cumberland County R Thomas Kline ?aotr of +cul"h'p A Edward L Schorpp Sheriff Solicitor Ronny R Anderson ?Jody S Smith Chief Deputy OFFICE OF THE s4ERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/06/2009 07:00 PM - William Cline, Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within Complaint and Notice was served upon Vanessa K. Moore the defendant, at 1900 hours on the 6th day of March, 2009 at 470 Centerville Road Newville, PA 17241 by handing to her personally a true and attested copy of the Complaint and Notice and at the same time directing her attention to the contents thereof. SHERIFF COST: $38.32 (PAID) SO ANS R March 09, 2009 Capital One Bank VS Vanessa K. Moore 2009-1222 Civil R THOMAS KLINE, SHERIFF epu y if f 3- Y _ .9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. VANESSA K MOORE Defendant No. 09-1222 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#07117542 Judgment Amount $ 1,675.33 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. Civil Action No. 09-1222 CIVIL TERM VANESSA K MOORE Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, VANESSA K MOORE above named, in the default of an Answer, in the amount of $1,675.33 computed as follows: Amount claimed in Complaint $1,560.86 Interest from January 14, 2008 to May 18, 2009 at the legal interest rate of 24.90% per annum $114.47 TOTAL $1,675.33 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: -r l William T. Molczan, Esquir9 PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 14oo Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (4:2) 434-7955 W WR#07117542 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: 470 CENTERVILLE RD, NEWVILLE, PA 17241 s IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Case no: 09-1222 CIVIL TERM Plaintiff VS. VANESSA K MOORE Further Affiant sayeth naught. Defendant 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, VANESSA K MOORE 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, VANESSA K MOORE is not in the military service. NON-MILITARY AFFIDAVIT AFFL SWORN TO AND SUBSCRIBED in my presence this of ?04 day CMAOr+AREALM of _ Noanw s.d N Y PUBLIC Anrdw M. swow d' ofty Mft dqr FW 2g. 2M2 4L Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 MAY-11-2009 11:59: 00 'K Last Name First/Middle Begin Date Active Duty Status Service/Agency MOORE VANESSA 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. & IA. yijOJJ4?- & Ut 1,01 A?PN_ 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.httnl 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: BQMJCLSUQQG h4s://www.dmdc.osd.mil/scra/owa/scra.prc_Select 5/11/2009 0 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Case No. 09-1222 CIVIL TERM VANESSA K MOORE Defendant TO: VANESSA K MOORE 470 CENTERVILLE RD NEWVILLE, PA 17241 Date of Notice: IMPORTAWrNOTiCE 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 WELTMAW WEINBERG & REIS CO., L.P.A. tthew 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 7117542 N PIT A4N RLEL - f ; T ' YI ]I ??..,h..JJJJ fy.' Iq.QO Po Alry 40539 ja IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. Civil Action No. 09-1222 CIVIL TERM VANESSA K MOORE Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order o J gment was entered against you on (xx) Assumpsit Judgment in the amount of $1,675.33 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 O P By: PRO N ) VANESSA K MOORE 470 CENTERVILLE RD NEWVILLE, PA 17241 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7* Avenue, Pittsburgh, PA 15219 1-888-434-0085