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Home My WebLink About09-1382IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: CR- {38a 0'4IVil le m vs. COMPLAINT IN CIVIL ACTION JOHN E GRIFFIN 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 07095321 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 JOHN E GRIFFIN 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: JOHN E GRIFFIN 110 S PRINCE ST SHIPPENSBURG, PA 17257 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX3032 . 4. Defendant made use of said credit card and has a current balance due of $1632.84 , 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 19.600% 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. 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 , JOHN E GRIFFIN , INDIVIDUALLY , in the amount of $1632.84 with continuing interest thereon at the rate of 19.600% per annum from January 07, 2009 plus costs. James C. a ro t,42524 WELT EINBERG & REIS CO., L.P.A. 436 Se en h Avenue, Suite 1400 Pitts urg , PA 15219 (412) 434 7955 FAX: 412 338-7130 0709 32 C N Pit LXR This law firm is a debt collector atte* ng to collect this debt for our client and any information obtained ill be used for that purpose. 11.1 EXHIBIT FINANCE Previous Balance Paymerb & Credits CHARGE Transactions New Balance Minimum Payment Due Date $1,08010 - $0 00 + $21 77 + $68 00 $1,169 87 $419 87 Jul 14, 2007 ..•. May 15, 2007 -Jun 19, 2007 Page 1 of 1 PIFASF rm nT I-T nor eurvn., Visa Platinum Account 4062.3626-5895.3062 Your Account Information TOTAL CREDIT LINE $75000 TOTAL AVAILABLE CREDIT $000 CREDIT LINE FOR CASH $75000 AVAILABLE CREDIT FOR CASH $0 00 FlnancstChargeS (Please see reverse for IIYQOftBfht information) Balance rate Penodic Car ding FINANCE applied to rate APR CHARGE Purchases $650.03 0 05384% P 1965% $1260 Cash $441113 005682%P 2074% $917 ANNUAL PERCENTAGE RATE applied this period. 23.79% ® At Your Service 1.800-903.3637 To call Custom Reletlaw or to report a knit or stolen cad ® Send payments to. Capital One Barn P 0 Box 70884 Chadotte, NC 28272-0884 A Send inquiries to. Capital One P 0 Bar 30285 Salt Lake City, UT 81130-0285 Your account is six payments behind H we charge off your accent due to late payments, we will report the charged-off staters to several nabonal credd bureaus, and the Purchase APR as reflected on this statement will be applied to all your outstanding balances Act now to prevent tlis from happening Please pay the amount due on your statement or give us a call at 1 600 955.66110 Well work with you so you can take cars of your account and start rebuilding your credit with Caprml One IMPORTANT INFORMATION ABOUT YOUR GRACE PERIOD If you pay your balance in full every month by your due date, you will ar" an interest-fires grace perod of 25days on new purchases Paying by your due date also helps you avad lab fees Please see the bade of your statement for more details and tank you for your business,. Payments, Credits & Adlustmerds Transactions 1 13 JUN PAST DUE FEE $3900 2 19 JUN OVERLIMIT FEE JUN 19, 2007 $29 00 Your account is 90 days past due and your Payment Protection coverage has been suspended As slated in your Payment Protection agreement your coverage and morhlty charge will be reinstated once your account is no longer 90 days past due You may still be etigble for benefts to be pad to your account for loss events described in your Payment Protection agreement Call Stonebridge Beset Services at 1-888-527-6904 to see d your situation qualities for benefits You were assessed a past due fee bemuse your minimum payment was not receved by the due data. To avoid this fee in fine fitum, we recommend that you allow at least 7 business days for your minimum payment to reach Capital One 6056 506 1 7 19 070619 PAGE 1 of 1 OlDM6056 PLEASE RETURN PORTION BELOW WITH PAYMENT Capftg(?" I what's in your walkP 0 4862362658953032 19 1169870020000419878 New Balance Minimum Payment Due Date $1,169 87 $419 87 Jul 14, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed C::? Capital One Bank P.O. Box 70664 ?r?rr?rrr???a?rn?a?r) Charlotte, NC 25272-0884 Account Number: 4862-3626-5895-3032 Please print address or phone number changes below using blue or black ink Address Home Phone A#emate Phone E-mail address #9017190713124767# MAIL ID NUMBER JOHN E GRIFFIN 110 S PRINCE ST SHIPPENSBURG, PA 17257-1422 195321 Please write your account number on your check or money order made payable to Capital One Bank and mall with this coupon in the enclosed envelope PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. JOHN E GRIFFIN 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: e) / - ?q Ricky Evans A049 WELTMAN, WEINBERG & REIS CO., L.P.A. A 0 D CD Sheriffs Office of Cumberland County R Thomas Kline 81 e.utNbPjjWa? ruwacu 1, awlVIFY Sheri Solicitor Jy{ •,4? Ronny R Anderson Jody S Smith Chief Deputy OFFICE OF THIIE SKRIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/09/2009 07:19 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 9, 2009 at 1919 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: John Griffin, by making known unto John Griffin personally, at 110 S. Prince Street, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $46.00 (PAID) March 14, 2009 2009-1382 Capital One Bank VS John E. Griffin SO ANSWERS, R THOMAS KLINE, SHERIFF By Deputy Sheriff ?? c i co i w t ^w ° l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. JOHN E GRIFFIN Defendant No. 09-1382-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#7095321 Judgment Amount $ 1700.22 r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 09-1382-CIVIL TERM JOHN E GRIFFIN Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, JOHN E GRIFFIN above named, in the default of an Answer, in the amount of $1700.22 computed as follows: Amount claimed in Complaint $1632.84 Interest from JANUARY 7, 2009 TO MAY 14, 2009 at the legal interest rate of 19.600% per annum $67.38 TOTAL $1700.22 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: 4 ' 17A4v WILLIAM T. MOLCZAN, ESQ61E PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7095321 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: 110 S PRINCE ST, SHIPPENSBURG, PA 17257 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. JOHN E GRIFFIN Defendant Case no: 09-1382-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. Affant 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, JOHN E GRIFFIN 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, JOHN E GRIFFIN is not in the military service. Further Affiant sayeth naught. V,!4-- AFFIANT SWORN TO AND SUBSCRIBED in my presence this 15 Say of ".2,009. NO RY PUBLI COMMONWEALTH OF PENNSYLVANIA Noarlel Gal Wayne A. 0nee, Notary Public City of Pitfburpn, Allflytletly CrwMy F y Cornmiftwi JUN n 2010 Member, (Mrd Otnes IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. JOHN E GRIFFIN Defendant TO: JOHN E GRIFFIN 110 S PRINCE ST SHIPPENSBURG, PA 17257 Date of Notice: Case No. 09-1382 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 WELTMA4, WEINBERG & REIS CO., L.P,A. By: Ma ew Urban P.A.1.D.# 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 7095321 N PIT M4C Request for Military Status Department of Defense Manpower Data Center s, Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 APR-29-2009 07:24:20 '". Last Name First/Middle Begin Date Active Duty Status Service/Agency GRIFFIN JENNIFER 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. . V/ 01 Y)W? fn 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: hitp://www.defenselink.miUfaq/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 !D: WYXBXENFVN h,ftps://www.dmdc.osd.mil/scra/owa/scra.prc-Select 4/29/2009 °L r_. 4 N4. oo pp ATN MIF 40,61501 W u6gool DA?,, Aacua?cP IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 09-1382-CIVIL TERM JOHN E GRIFFIN 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 $1700.22 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 HONOTA DE TY) JOHN E GRIFFIN 110 S PRINCE ST SHIPPENSBURG, PA 17257 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7 b Avenue, Pittsburgh, PA 15219 1-888-434-0085