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Home My WebLink About09-1283 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: DQ- 10A3 0VS. COMPLAINT IN CIVIL ACTION BRENDA D FRENCH 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 07118211 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 BRENDA D FRENCH 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 I 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: BRENDA D FRENCH 423 SIOUX DR MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX1436 . 4. Defendant made use of said credit card and has a current balance due of $1792.91 , 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 26.200 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 , BRENDA D FRENCH , INDIVIDUALLY , in the amount of $1792.91 with continuing interest thereon at the rate of 26.200% per annum from January 14, 2009 plus costs. James C. a ro t,42524 WELT WEINBERG & REIS CO., L.P.A. 436 S enth Avenue, Suite 1400 Pitt urgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07118211 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. EXHIB11- pmwow Bakuhce FINANCE Paymertla & Credits O A SE Transacd- New Balance Mininnan Payment $1,350.25 - $0.00 + $29.61 + X8.00 = $1,477.86 $597.86 Apr. 10, 2008 - May. 09, 2008 Page 1 Of 1 w1asa Cad Pbdmm amount 517114W41S7D.'1436 Your Account hdormelion TOTAL REVOLVING CREDIT LINE $880.00 TOTALAVAI ABLE REVOLVING CREDIT 00 CREDIT LINE FOR CASH 00 $880 AVAILABLE CREDIT FOR CASH $0 O0 Finance Charges (Please see reverse for srpcrtad mfumcebon) Balance rate Paedic com spandng FINANCE a plied to rate APR CHARGE Puchases $1,37289 007189% P 2524% $29.61 Cash $0.00 0.0718996 P 2624% $D.00 ANNUAL PFRCENrAGE RATE wpkd this Period. 26.24% Q AtYourServke 1AM09,9637 To cal D abrw Rebho6 orb report a bstor dA. cad AML Seed pwmwft b: one Bdusti>.wt • P o Bmc 7oeea • a,aara. Nczgrrz-0eea Sad kqukks lo: Capild Ore, P 0 Boot 30285 • Sat Low Oty, UT 5413UM ® Have a quesfbn about a charge on your sl?erraai7 Please rater to the B" Rights Summary on the back of yar staiernent or Yet www. `? tbns m &j=Anc A%. Due Date Jun. 03, 2008 f' %f PAY AT VAS "H6 AMO' W Yahe behrd PY sa payments If we dwWoff your accout ds to bbor mssed Payments, finance charges wi continue to aoaue Act now to Prevent his from happens g Please pay the tlnmkrn c:ayrlent amount on yar statement or give its a car at 1.800955.660D YW a here to nap T ake control of yaw matt wAh Capital One "Important NoOoe Under the terms we Pwcusy de ftW to you, your aunt is will, elgM for an nI'mm n Amual Percerntige Rates (APRs) eFecb- mmaKidel), I IoNaver, CqAs! Ore has elected not to rase yar APRs al this tme. Pease be advised that f you fad to keep yar accent n good slardkrg, CEIW Ora reserves the right b rase your APRs in the fiRue. ftyivents;e Credits 6 MuslmeIft TmnsacUm 1 C5 M4Y PAST DUE FEE ? ? 2 09 M4Y CAPffAL ONE KE 1ER FEE $58.00 Yaw account has gone aver ft credit ImrL To avoid additional "Unit fees, Please pay warm to b rM your balance bebw your credit Ind mmedately, and make we you rerren bebw your a s& knit Please be sure b account for any hit re purchases, fees, and kence charges You were assessed a past due fee because your mnmum payment was not mwNW by the due delis To avod this fee n the fire, we recommend that you avow at teed 7 hsrress days for your mnmurn payment b reach Capital One. PIFASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO VMW CAPRALONE.COM TO MAKE YOUR PAYMENT ONUNE //??'?,,..,,????..,,,? 0 5178052185701436 09 1477860064360597866 ?•.yw.v??0ne" what's in your wallet?' New Balance Minimum Payment Due Date C$1,477.86 $697.86 Jun. 03, 2008 PLEW PAYAT LEAST THISAMOUNT Amount Endosed , Capital One Bk(USA),NA ?r?rr?rrr??r?r?rr?r?r? P.0• Box 70884 Charlotte, NC 28272-0684 ALAI 11111 III1I 11111111111111111111 ll11larlrr?frrlll111lull ll Account Number: 5178-05218570-1436 Please Print address or phone number change below using bke or bbKk i* hum Mmm ArMrarTe Moire E,maraa{iaff #901310197508348811 MAIL ID NUMBER BRENDA D FRENCH 251 SAINT JOHNS DR CAMP HILL, PA 17011-1934 mlllnrlllnuu??m??nr???r?rur??u?u?r?r?mr???nr 18211 Please write your aWount number on your dredk or money order made payable to Capital One Bk(U5A),NA and mail with this coupon in the enclosed envelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. BRENDA D FRENCH 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. Sheriffs Office of Cumberland County R Thomas Kline .a??tr ua?b??'?d Sheriff Ronny R Anderson. Chief Deputy OFPCE OF THE SKRIFF Edward L Schorpp Solicitor Jody S Smith Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/06/2009 12:02 PM - Noah Cline, Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within Complaint and Notice was served upon Brenda D. French the defendant, at 1202 hours on the 6th day of March, 2009 at 423 Sioux Drive Mechanicsburg, PA 17050 by handing to Linda French, adult in charge 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: $39.22 (PAID) Capital One Bank (U.S.A.) VS Brenda D. French 12009-1283 Civil SO ANSWERS, A R THOMAS KLINE, SHERIFF Deputy Sheriff f m i_. Y-„ .3 7 .ice IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. BRENDA D FRENCH Defendant No. 09-1283 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#07118211 Judgment Amount $ 1,904.20 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. Civil Action No. 09-1283 CIVIL TERM BRENDA D FRENCH Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, BRENDA D FRENCH above named, in the default of an Answer, in the amount of $1,904.20 computed as follows: Amount claimed in Complaint $1,792.91 Interest from January 14, 2009 to April 24, 2009 at the legal interest rate of 26.20% per annum $111.29 TOTAL $1,904.20 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, "Aulre PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#07118211 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: 423 SIOUX DR, MECHANICSBURG, PA 17050 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. Civil Action No. 09-1283 CIVIL TERM BRENDA D FRENCH 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 t Od? (xx) Assumpsit Judgment in the amount of $1,904.20 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: PR ONO4tL D EP ) BRENDA D FRENCH 423 SIOUX DR MECHANICSBURG, PA 17050 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7s' Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. BRENDA D FRENCH Defendant Case no: 09-1283 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, BRENDA D FRENCH 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, BRENDA D FRENCH is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN TO AND SUBSCRIBED in my presence this agr'day COMMONWEALTH OF PENNSYLVANIA Notarial Seal Heidi J. Kelly, Notary Public City Of Pittsburgh, Allegheny County My Commission E)ires Nov. 4, 2009 Member, Pennsylvania Association of Notaries Request for M,"Jitarv Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Pagel of 2 APR-20-2009 14:09:14 Last Name First/Middle Begin Date Active Duty Status Service/Agency FRENCH BRENDA 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. Aay fit 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.Lwww.defenselink.mil/faq/pis/PC09SLDR.htm1 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 4/20/2009 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. BRENDA D FRENCH Defendant TO: BRENDA D FRENCH 423 SIOUX DR MECHANICSBURG,?P(A 17050 Date of Notice: t 0Q 1 Case No. 09-1283 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 WELTWN, WEINBERG & REIS CO., L.P.A. By: Matt 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 7118211 N PIT A4N FILED-01 i'I :,r OF THE 2M VIIA Y 18 Pill t= Ls ? 01 Al -? .06 ctAll J 1??. ,na.? ILL