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Home My WebLink About09-1285I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: (?- Ja$5 (1viL ler-w% vs APRIL L GELENCSER COMPLAINT IN CIVIL ACTION 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 07094688 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 APRIL L GELENCSER 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: APRIL L GELENCSER 29 LANCASTER AVE ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX2976 . 4. Defendant made use of said credit card and has a current balance due of $3941.54 , as of January 07, 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 12.100% per annum on the unpaid balance from January 07, 2009 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1" and made a part hereof. I 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 , APRIL L GELENCSER , INDIVIDUALLY , in the amount of $3941.54 with continuing interest thereon at the rate of 12.100% per annum from January 07, 2009 plus costs. James C Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Se le th Avenue, Suite 1400 Pittsb r h, PA 15219 (412) 43 -7955 FAX: 1 -338-7130 0709 6 C N Pit LXR This law firm is a debt collector attem4 ng to collect this debt for our client and any information obtained ill be used for that purpose. pair FINANCE Previous Balance Payrnatls & Credb CHARGE I annal", s New Babmoe blirdmun Payment Due Dale $3,516.07 - $0.00 + $36.56 + $39.00 = $3,591.63 $658.00 May. 20, 2008 Mar. 26, 2048 -Apr. 25, 2008 Page 1 of 1 F-PAY PAY AT LFAS"Ne A%401 NT IAiatb{brd Platinum AGCga1< S11?e67677eiaile Yar account is sa payments bdv d. If we vWrW off Y aCCantdineb ble pa l We Will 'spat A ell s eded the d?gaddf stai"s b several ra"oral sett burerars and the Purdase APR avreflect on n this Your Accwjd lidbrandon stakinent will be app"s" to all your ouLatandrg oalances Act rwhw to prevent the from happening Please pay the amouit dine on your statement or give us a cal at 1 900 966 66M Wet wort with you so you can TOTAL CREDIT LINE lake control of your acmurit and slolt relx"ig you sash with Cwital One TOTALAVAILABLE CREDIT ;0.00 CREDIT LIVE FOR CASH $3,000.00 Pyirme bl Credits dF Aldball Nimb AVAN- CREDIT FOR CASH- $0.00 ffie er ffww piesse see reverse for xnlou tat infaniation) Balance rate Periodic Correspo 4 FINANCE applied to race APR CHARGE Pucfases $3,54249 0.10MM P 1215% $3656 Cash $D.OD 0.04723% P 17246 $0.0D ANNUAL PERCORAGE RATE applied t* period: S15% AtYorrServlw 1411*B1104W To col Qiebirs 1111111110= 711D report a 6d ordAm cad ® Saari payaaarib b: OtplebOro34)SAI,M-P0 Boer70se4.Owbb,NC202-M Sad ,Issues to: CWW Ors P 0 Born 30206 • Set Ldw Cky, Ur 64130M ® Have a question abort a charge on yaw slatenseril7 Please refer to the Wg Right Sunm,y m the beck of you stalamient or visit www.caniallone.conAisoutes Tf=NA M 1 19 APR PAST DUE FEE $39.00 Your account is 90 days past die and you Paryment Protection avenge has been suspended As stated n your Payment Protection ageement, your coverage and mor" charge will be reinstated once your account is no bnger 90 days past due. You may stn be eligible for berm to be paid to you account far loss events described in you Paymat Protection algeennerd. Cal Sbrnebnctle Berieft Services at 1E89a' 2T?904 to see 9yarstuabn galifies fabanofits You account lac gore war ills aedt int To wW,,""oral werint fees, please pear ericuo loGig your balance below your credit lint mme***. and make axe you rennin below you cradl limit Please be sue lo aicccuit nor ay R09 puchases, fees, and rim charges You were assessed a past dine fee because your mrirtam payment was not received by the due date To wod this tee n the We, we recommend that you allow at West 7 business drys for your mnmun payment b reed, Captd One PLEASE RErURN PORTION BELOW WITH PAYMENT OR LOG ON TO VWWY CAPITAU)NE COM TO MAKE YOUR PAYMENT ONLINE CA~C " what's in your wallet?" 0 5178052677612976 25 3591630217580658008 New Balance AMNmum Payment Due Date $3,591.63 $658.00 May. 20, 2008 PLEASE PAY AT LEAST THISAMOUNT Amount Enclosed Capital One Bk(USA),NA P•0• Box 70&b4 Charlotte, NC 2&272-0664 Ammunt Number: 5178-0526-7761-2976 Please print address or phDm number dun ges below mrg tiler or black fink 7krne MIUM ARemale Krone HrreBsab4es p #90117677604274860 MAIL ID NUMBER APRIL L GELENCSER 29 LANCASTER AYE ENOLA, PA 17025-2009 un???un???unn?n?s?n?un?n???nn??nn?n?nu?n??s?nun??n 194688 Please write your aooount number on your deck or moo order made able to money pay Capital One Bk(USrg),NA and mail with this coupon in the ertdosed emebpe. ?: ra? PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. APRIL L GELENCSER 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 Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. Dated: 0I-J79 '6;)eo 17 Ricky Evans A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 7 hJ i L71 _ y5 t? r..,s Sheriffs Office of Cumberland County R Thomas Kline u?tT, et (ClimbrEdward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy 'DICE OF T HE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/06/2009 06:20 PM - Gerald Worthington, Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within Complaint and Notice was served upon April L. Gelencser the defendant, at 1820 hours on the 6th day of March, 2009 at 29 Lancaster Ave. Enola, PA 17025 by handinc 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: $41.92 (PAID) SO ANSWERS, s March 09, 2009 Capital One Bank VS April Gelencser 2009-1285 Civil R THOMAS KLINE, SHERIFF ADe Sherif t"a ° `' ?? , ? ? t??" t rv ?d°.? L?a ..f.. ? ? ?' ?? ?. " ? .. `" ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. APRIL L GELENCSER Defendant No. 09-1285-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 W WRk 7d 40*4& Judgment Amount $ 4094.75 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff' VS. Civil Action No. 09-1285-CIVIL TERM APRIL L GELENCSER Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, APRIL L GELENCSER above named, in the default of an Answer, in the amount of $4094.75 computed as follows: Amount claimed in Complaint $3941.54 Interest from JANUARY 7, 2008 TO MAY 13, 2009 at the legal interest rate of 12.100% per annum $153.21 TOTAL $4094.75 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: W? WILLIAM T. MOLCZAN, E?UIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7080870 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7d' Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 29 LANCASTER AVE, ENOLA, PA 17025 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. APRIL L GELENCSER Defendant Case no: 09-1285-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, APRIL L GELENCSER 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, APRIL L GELENCSER is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN TO AND of n q) q) 2009. Y in my presence this IF-A-ay COMMONWEALTH OF PENNSYLVANIA Notarial Seal Wayne A. Jones, NoMry Public City of Pitbbursh, Aikptrny County My Commission Expihe June 20, 2010 Member, Pennaywanla Association of Notaries IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff Vs. APRIL L GELENCSER Defendant Case No. 09-1285 CIVIL TERM IMPORTANT NOTICE TO: APRIL L GELENCSER 29 LANCASTER AVE ENOLA, PA 17025 Date of Notice:- Oq 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 WELTMA11, WEINBERG & REIS CO., L.P.A. By: Mattw 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 7094688 N PIT M4C Request for Militarv Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 APR-29-2009 07:14:20 'K Last Name First/Middle Begin Date Active Duty Status Service/Agency GELENCSER APRIL 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. 14. 9fol14'.. Aut rev A?M_ 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.miUfaa/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: BBWPALLFL01 https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 4/29/2009 FLED- ' F`C'C 2009 JUN 15 Fail! 1: 25 Ps: VNS LVA!'JA -790 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 09-1285-CIVIL TERM APRIL L GELENCSER 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 $4094.75 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: 2-.2 19.04_q?g OTHONOTAR UTY) APRIL L GELENCSER 29 LANCASTER AVE ENOLA, PA 17025 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