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Home My WebLink About09-1788e Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: bQ " `leg VS. COMPLAINT IN CIVIL ACTION WENDY J STUTZMAN 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 07104156 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 WENDY J STUTZMAN 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 b 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: WENDY J STUTZMAN 3136 DICKINSON AVE CAMP HILL, PA 17011 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX8271 . 4. Defendant made use of said credit card and has a current balance due of $12211.62 , as of January 15, 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 14.300W per annum on the unpaid balance from January 15, 2009 . A copy of Plaintiffs 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 , WENDY J STUTZMAN , INDIVIDUALLY , in the amount of $12211.62 with continuing interest thereon at the rate of 14.3001 per annum from January 15, 2009 plus costs. James C: -^a ro t,42524 WELTMAIX WEINBERG & REIS CO., L.P.A. 436 S enth Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07104156 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. ?Ir 7104156 FINANCE Previous Balance Payments a Credits CHARGE Transactions Now Balance Minimum Payment Duo Date $9,652 19 - $0 00 + $6 i::) + C:$35 00 C$9,694 09 C$866 00 Mar 15, 2007 Jan 16, 2007 - Feb 15, 2007 Page 1 of 1 PLEASE PAY AT LEAST THIS AWKiNT MasterCard Platinum Account 61740526636&6271 Your Account Information TOTAL CREDIT LINE $9,50000 TOTAL AVAILABLE CREDIT $000 CREDIT LINE FOR CASH $475000 AVAILABLE CREDIT FOR CASN $0 00 Finance Charges (Please see reverse for important nfcrmahon) Balance rate Periods Corr a?n?ng FINANCE applied to rate APR CHARGE Purchases $0 00 0 00000% 000% $000 Cash :402.07 0 05537% L 2021% $690 ANNUAL PERCENTAGE RATE applied this period. 20.21% ® At Your Servke 141WA56.7070 To cal Cunmhar Raliiswhs cr tD maW a bet or stolen card ® Send payments to. Capital One Bank P.0 Box 70884 Charlotte, NC 28272-M ® Send inquiries to. Caprel One P 0 Box 30285 Salt Lake City, UT 84130-0285 You're behind by two payments Lets talk H you're having financial ddRcullms and can't make your minimum payment - we want to help Lets wads together to find a solutes that works best for you Give us a call at 1 8W 955 7070 Payments, Credits 8 Adjustments Transactions 1 15 FEB PAST DUE FEE $3500 Under terms previously disclosed to you, some or all of your Annual Percentage Rates (APRs) have bean increased since your account was past due Now in the past 12 billing cycles. I your rebs have alma ly increased, subsequent delinquerxxes extended die duration of the increased rates Remember If we receive your mnmum monthly payment on time for 12 consecutive billing cycles, this account will be reviewed for a possible return to your Nan-Introductory APR You were assessed a past due fee because your mnhmTm payment was not received by the due data To avoid this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Capital One "' Please Note "• Some of the terms of your account are changing Please read the enclosed notification 6056 506 1 7 15 070215 PAGE 1 of 2 01BC6056 PLEASE RETURN PORTION BELOW WITH PAYMENT U%!e" ?^ what's 0 5178052663588271 15 9694090265000866006 in your waIIMT New Balance Minimum Payment Due Date C$9,694 iD C:$866 00 Mar 15, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed L. - D Capital One Bank P.O. Box 70684 Charlotte, NC 26272-0664 Account Number: 5178-0526-6358-8271 Please print address or phone number changes below using blue or black ink Address Home Phone Alternate Mane E-mall address O e9D04761600735526e NAIL ID NUMBER YENDY J STUTZMAN 317 LIBERTY CT MECHANICSBURG, PA 17050-1630 04156 Please write your account number on your check or money order made payable to Capital One Bank and mall with this coupon in the enclosed envelope . PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. WENDY J STUTZMAN Defendant(s). VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities, that he/she is an authorized agent of CAPITAL ONE BANK (USA), N.A., Plaintiff herein, and that he/she is duly au zed to make this Verification, and that the facts set forth in the foregoing Comp 'nt n Civil Action are true and correct to the best of his/her knowledge, information and bel' f. Dated: Pamela Nelson A049 WELTMAN, WEINBERG & REIS CO., L.P.A. tY ? n 7, N ? r N Mc N) Q CA CID dim -C Sheriffs Office of Cumberland County R Thomas Kline 4ptr at L'uu+6or/,?$ Edward L Schorpp Sheriff' Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE OF T qE S-ER1FF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/24/2009 07:24 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 24, 2009 at 1924 hours, he served a true copy of the within Complaint and Notice upon the within named defendant, to wit: Wendy Stutzman, by making known unto Wendy Stutzman personally, at 3136 Dickinson Avenue, Camp Hill, 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: $41.50 SO ANSWERS, March 25, 2009 R THOMAS KLINE, SHERIFF puty Sheri Docket No. 2009-1788 Capital one Bank v Wendy J. Stutzman ?- ; -? C? w ?.:? _.? ~? -.. ?r? ^° l n W ? k -t- ?'?? 4µ .._ }1'C= ?+.? -- ti. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. WENDY J STUTZMAN Defendant No.: 09-1788 CIVIL TERM PRAECIPE FOR DEFAULT JUDG FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C. WARMBRODT, ESQUIRE PA I.D.#42524 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR#7104156 Judgment Amount $ 12,700.94 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLI NT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. E IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No.: 09-1788 CIVIL TERM WENDY J STUTZMAN Defendant PRAECIPE FOR DEFAULT JUDGMENT i TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, WENDY J STUTZMAN above named, in the default of an Answer, in the amount of $12,700.94 computed as follows: Amount claimed in Complaint $12,211.62 Interest from 01/15/09 to 5/19/09 at the legal interest rate of 14.30% per annum $489.35 i TOTAL $12,700.94 I hereby certify that appropriate Notices of Default, as attached have been mailed in ccordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: ? .;-- _L IIVL.. A, /,' JAMS. WARMBRODT, ESQUIRE PA 11042524 Weltman, Weinberg & Reis Co., LT 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7104156 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 6011 BETTEKER LN SAINT THOMAS,PA 172 2 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVAI CIVIL DIVISION CAPITAL ONE BANK (USA),NA Case no:: 09-1788 CIVIL TERM Plaintiff vs. WENDY J STUTZMAN Defendant NON-MILITARY AFFIDAVIT The undersigned, who first being duly sworn, according to law, deposes and states as fol 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 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 Dt STUTZMAN is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Deft Center (DMDC), which states that the Defendant, WENDY J STUTZMAN is not in the military! Further Affiant sayeth naught. w.NW `r" l AFFIANT AND SUB SCR in my presence this day . COMMONWEALTH Or PENNSYLVAt Notarial Seal TBL C Heidi J. Kelly, Notary Public City Of Pittsburgh, Allegheny County My Commission Expires Nov. 4, 2009 Member, Pennsylvania Association of Note This law firm is a debt collector attempting to collect this debt for our client and any used for that purpose. with the WENDY J Manpower Data n obtained will be IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs WENDY J STUTZMAN Defendant TO: WENDY J STUTZMAN 3136 DICKINSON AVE CAMP HILL, PA 17011 Date of Notice: ?611 )o Case No. 09-1788 CIVIL TERM IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRI' PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YC PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT h TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERS FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. M 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 7104156 N PIT M4C TEN APPEARANCE =S OR OBJECTIONS THE DATE OF THIS U MAY LOSE YOUR VE A LAWYER, GO IITH INFORMATION /IDE YOU WITH AT A REDUCED 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-12-2009 06:56:17 `< Last Name First/Middle Begin Date Active Duty Status Service/ gency STUTZMAN WENDY Based on the information you have furnished, the DMDC does not pos e indicating that the individual is currently on active duty. ss any information Upon searching the information data banks of the Department of Defense Manpower Data Center, base on the information that you provided, the above is the current status of the' individual as to all branches of the Military. 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 ligibility 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 hu dreds of thousands of "does not possess any information indicating that the individual is currently on active duty" response , and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or represe tative 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 M litary Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail t 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 Milit?ry Service SCRA points-of-contact. See: hitp://www.defenselink.mil/faq/pis/PC09SLDR.htmi 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: BXRWCDDUWFU https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 5/12/2009 FILED-40' F-CE OF THE RRO', 1,11NOTARY 2009 JUN 10 PM 1: 19 $14.co PA Am av- t 4o5(po4(p er* oZotly 5(5 Nak' WOUL r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No.: 09-1788 CIVIL WENDY J STUTZMAN Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Jud ent was entered against you on (o10O (xx) Assumpsit Judgment in the amount of $12,700.94 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 registratio will be suspended by the Department of Transportation, Bure u of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: WENDY J STUTZMAN 6011 BETTEKER LN SAINT THOMAS,PA 17252 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7 h Avenue, Pittsburgh PA 15219 1-888-434-0085