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HomeMy WebLinkAbout09-1223 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: ?- I01 a.3 VQ-T-Vt VS. COMPLAINT IN CIVIL ACTION LISA F NEALMARTIN 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 07104238 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 LISA F NEALMARTIN 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 ages, 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: LISA F NEALMARTIN 5 BUFFALO DR SHIPPENSBURG, PA 17257 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX0880 . 4. Defendant made use of said credit card and has a current balance due of $1104.00 , 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 16.600W 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 , LISA F NEALMARTIN , INDIVIDUALLY , in the amount of $1104.00 with continuing interest thereon at the rate of 16.600 per annum from January 14, 2009 plus costs. James Warmb ro t,42524 WEL WEINBERG & REIS CO., L.P.A. 436 enth Avenue, Suite 1400 Pit urgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07104238 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. U18 r oa FINANCE Precious Balance Paynw & Credits CHARGE Trartsactlons 111 Midmum Due Dab $821.43 - $0.00 + $11.42 + $78.00 - $910.85 $141.00 May. 28, 2008 Apr. 04, 2008 - May. 03, 2008 Page 1 of 1 Visa Pkdm n Account N62.31IM N-06YD Your Account Infonew on TOTAL REVOLVING CREDIT LINE $750.00 TOTAL AVAILABLE REVOLVING CREDIT $000 CREDIT LINE FOR CASH $75000 AVAILABLE CREDIT FOR CASH $000 Finance CtWges (PW= we reverse for i nportant mformebm) Babble rate Parodic CcmeWKbV FN&NCE applied to rate APR CHARGE Purchases $8309 0.04562% P 1639% $1142 Cash $0.00 0.04660% P 1774% $0.00 AN4UAL PERCENTAGE RATE appled #6 period: 10.0ef•/. AtYow$wvke 14*4073837 To oar OWaw RWAorw orb repot a bstor *W oad ® SNW pyinenla b: Capi0e1OreKAA),NA,P0 8ar70884-0wbaa,NC2B2n.W A SKW knum" to: Caplet Ores PO Booc30M•SetLdeCYy,Ur64130M ® Have a quedion about a charge on your Mbriaert9 Pease refer to the Bibig Rghle Sunmary m the back of yo r sWbrrent or vat k rASr PAY AT LfAS 'HIS AMD! NI Yw a tbehnd by sx payments If we derW off your aamd daa to late or mewd payments, &km dtargas will writme to mcrw Ad now b prevent this fora hepperirg PiIease Puy them mm oWment amard on your statement or gue us a call at 1.800955.6600 We'T here b ,* I ske contrd of yaw ore* wi h CwW Orre. Credits dh Transacdm 1 2BAPR PAST DUE FEE $38.00 2 03 MAY OJERLIMIT FEE MAY 03,200B $3D.00 Your account is 90 days past die and you Payment ftWc°hon average hes been suspended. As sorted in your Payment Proem bon agreement your average and morift Marge wdl be rersblted once yaw account is no brger 90 days past do You may sW be elgble for bwd b b be pad to your acoount far boo events dawned in your Payment Protacdlah agreement Call $Wr#. ldgo Benefit Sarvlow at 1blSa %to see if your sdurton q nifiss for berhafity Your account has gore over its ors* limit. To avid ad*" werlnM fees, please pey enough to brig your b owe b*w your crack laid mmedetstjr, and mako sue you raman baba your oradt Itmd Pease be sure b acaut for ary future puceses, fees, and fine ce charges You were assessed a past do fee because your mrwmarn pyrnat was not reowed by the die dabs To avoid this fee in the future, we recommend Bet you abx at least 7 We ress days for your mranum payment b reach CwW One. PLEASE RETURN PORrIDN BELOW WITH PAYMENT OR LAG ON TO WJWIId'11PITALONE.COM TO MAKE YOUR PAYMENT ONUNE 11w what's in your walktY 0 4862362658110880 03 0910850040320141001 New Balance Minimum Payment Due Date $910.85 $141.00 May. 28, 2008 PLEASE PAYAT LEAST TH15AMOIJNT Account Number: 4862-3626-5811-0880 Please prix address or prone number doges bebw using blue or blade ink Ad4w 7104238 Amount En4iosed - #9012566914655078# MAIL ID NUMBER LISA F NEALRARTIN 5 BUFFALO DR Capital One Bk(USA),NA SHIPPENSBURG, PA 17257-9013 P.O. Box Charlotte, ?PICy26272-0664 04238 Please write your amount number on your died[ or money order made payable to Capital One BIQM,NA and mail with this coupon in the enclosed envelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. LISA F NEALMARTIN 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 ' Civil Action are true and correct to the best of his/her knowledge, information and belief. Dated: Edward Piotrowski A049 WELTMAN, WEINBERG & REIS CO., L.P.A. r I .rt . -TI e CS1 rte-, _TJ 00 0 I1 93 © f. ( 2 CJI Sheriffs Office of Cumberland County R Thomas Kline 601V of Climb Pr? Edward L Schorpp Sheri ' Solicitor Ronny R Anderson Jody S Smith Chief Deputy £7W -E OF ',E smERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/05/2009 07:37 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 5, 2009 at 1937 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Lisa F. Nealmartin, by making known unto Lisa F. Nealmartin personally, at 5 Buffalo Drive, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $42.40 (PAID) March 14, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF puty S Docket No. 09-1223 Capital One Bank (U.S.A.) N.A. v. Lisa F. Nealmartin r - 'T1 t na J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff. VS. LISA F NEALMARTIN Defendant No. 09-1223 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#07104238 Judgment Amount $ 1,158.23 ??? , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. Civil Action No. 09-1223 CIVIL TERM LISA F NEALMARTIN Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, LISA F NEALMARTIN above named, in the default of an Answer, in the amount of $1,158.23 computed as follows: Amount claimed in Complaint $1,104.00 Interest from January 14, 2009 to May 13, 2009 at the legal interest rate of 16.60% per annum $54.23 TOTAL $1,158.23 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: U William T. Molczan, ESffiire PA I.D. #47437 V WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#07104238 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: 5 BUFFALO DR, SHIPPENSBURG, PA 17257 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Case no: 09-1223 CIVIL TERM Plaintiff VS. LISA F NEALMARTIN 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, LISA F NEALMARTIN 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, LISA F NEALMARTIN is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN TO AND SUBSCRIBED in my presence this ?. of NO RY P LIC OF FE MAMA NofaM Sal Jenn"r M awa4w. Nowy Pubft cNy 01 PaWuMn, Apeptl W carob Conn ft" Fib. 2Z 2072 1fAday .? Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 MAY-11-2009 11:43:39 'K Last Name First/Middle Begin Date Active Duty Status Service/Agency NEALMARTIN LISA 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. y6t 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/fag/pis/PC09SLDR.html 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: BWIEHXILGQV https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 5/11/2009 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff Vs. LISA F NEALMAR71N Defendant TO: LISA F NEALMARTIN 5 BUFFALO DR SHIPPENSBURG, PA 17257 Date of Notice: Case No. 09-1223 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 WELT N, 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 7104238 N PIT M4C s 7F(_t! 2099 Per a #x'14 ooPO 1*-' l t+64ke.. i..to??.t.?{ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 09-1223 CIVIL TERM LISA F NEALMARTIN Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order o Judgment was entered against you on 1 107 (xx) Assumpsit Judgment in the amount of $1,158.23 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 ONOTARY (OR LISA F NEALMARTIN 5 BUFFALO DR SHIPPENSBURG, PA 17257 Plaintiff s address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7s' Avenue, Pittsburgh, PA 15219 1-888434-0085 ;?; .. ? ,u ., ?' ?,,