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Home My WebLink About09-4208IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: Oq - 010$ 0 ,tVt t T,rp- vs. JUDITH A RUDD 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 07142358 C N Pit KMJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No ?i JUDITH A RUDD 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: JUDITH A RUDD 1517 TERRACE AVE CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX1986 . 4. Defendant made use of said credit card and has a current balance due of $1935.89 , as of May 22, 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 24.900% per annum on the unpaid balance from May 22, 2009 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 11111 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 , JUDITH A RUDD , individually , in the amount of $1935.89 with continuing interest thereon at the rate of 24.9006 per annum from May 22, 2009 plus costs. WIFF" James War ro, ,42524 WELT WEINBERG & REIS CO., L.P.A. 436 S e th Avenue, Suite 1400 Pitts ur h, PA 15219 (412 43 -7955 FAX: 41 -338-7130 071 23 8 C N Pit KMJ This law firm is a debt collector atte ing to collect this debt for our client and any information obtaine will be used for that purpose. EXHIBIT Pn Wous Balance aymcrrbl P & Credits FINANCE CHARGE Transactions New Balance Minimum Payment Due Date $1,475.48 - $39.00 + $30.72 + $39.00 = $1,506.20 $280.00 Jun. 16, 2008 Apr. 22, 2008 - May. 21, 2008 Page 1 of 1 d PWtintun Accoutt 724-1895 ount Info madon VOLVING CREDIT LINE = $1,000.00 AILABLE G CREDIT $000 NE FOR CASH $1,00000 E CREDIT FOR CASH CASH $000 Finalllx Charges (%eilse see reverse for Important information) Balancerate Pemdic Conespondng FRANCE afpllad to rate APR CHARGE Purcfases $1,00918 005890% D 25.15% $2D 85 Cash $47720 0.05M D 251`3/0 $9.86 ANNUAL PERCENTAGE RATE applied this period: 25.15% Q At YourServlce 14111040MM TocolQxb7wfbitx6wbrgWabstx As Wcad 0 Send payments to: Capital One BIQLISA),N4 • P 0 Boor 70884 • Qnrttm, NC282720884 Send nryulrtss to: C*W Ow PO Brno 30285- Sit Ldm Cry, LIT 8413DM Have a question about a charge on your shitemant? Please refer to the Billing Rights Summary an the back of your statement or visit wrnv aoilabne rpm/dsoules P EASE PAY AT LFAr'M AUe' NT YoVre oennd oy soc payments If nre chaff off your 3=nt due W late Or missed payments, finarm derges will continue to accrue Act rraw b prevent this fluor happening Tease pay the mrrmum payment amount on yar statement o7 Uwe Lrs a call at 1,8M 955.560D were here to nelp T eke =nhj of your cmzIt with Capital One "Important NOW' Under the terns we prwmly disposed to you, your account s now dgble for an increase in Annual Percentage Rates (APRs) effwbve rrmrediat* Hmvever, Capital One has elected not to rase your APRs at this lma. Please be advwd that IF you fail to keep your account n good sharldrg, Capital One reserves the right to raise your APRs m the future. PamNents, Credo dL Adjustments 1 13 MAY Harolshp Courtesy Fee Wm ver 339.00. Transactions 2 16 WY PAST DUE FEE W OD Your account has gone over its crock limit To avod addtpnal overlent fees, plewe pay onough to bring your balance below your cradit Imrt immediately, and make sure you raman below your ?edt limit Please be sure In account for any fuhee purchases, fees, and firarce charges You were assessed a past due fee because your minimum payment was not raxwed by the due ClabD To avoid this fee in the futile, we recommend that you aloes at least 7 business days for your mrrmum payment to reach Capital One ILrFP PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WIA W.CAPRALONE.COM TO MAKE YOUR PAYMENT ONLINE 0 5178052327241986 21 1506200035000280003 ?OrTe' what , ?r, your walMn.. Account Number. 5178-0523-27241986 New Balance Minimum Payment Due Date Pktine print address or phone number changes below using due or black iYc $1,506.20 $280.00 Jun. 16, 2008 Aod;ea rLFASE PAYATLEAST THISAMOUNT franePllorr ARrnwieHSwro HnaBaddrcs O Amount Endosed #9014334748021480# MAIL ID NUMBER JUDITH A RUDD Capital one Bk (USA),NA 1517 TERRACE AVE P-D- Box 70884 ?r?11?111??1??r1?11?1? CARLISLE, PA 17013-4368 Charlotte, NC 28272-0884 111 I'IIIIIII'1111111I111?11111111'111II11?11I1111l lllll?l ll 111 111111111111111111111111111111IL11lL11r1111 H ill gill 11111111 7142358 Please write your account number on your dleck or money order made payable to Capital One Bk(USN,NA and mail with this coupon in the enclosed envelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. JUDITH A RUDD 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 in Civil Action are true and correct to the best of his/her knowledge, information and belief. Dated: -5-h /,/)!y s Shawn Wood A049 WELTMAN, WEINBERG & REIS CO., L.P.A. Q -!,H- TA ,rPY S 4`v'i 23 Ails IC: S `l 418.5o PO AT-r/ Cv,* 4010 198,3 R7*- .2 a'76.30 Sheriff s Office of Cumberland County R Thomas Kline ~.~aiv ui' ~`:~r~tr~rrr~~ Edward L Schorpp Sheriff `~``~ r~~ Solicitor Ronny R Anderson Jody S Smith Chief Deputy r~ F - ``'''~ Civil Process Sergeant Capital One Bank (U.S.A.) N.A. Case Number vs. 2009-4208 Judith A. Rudd SHERIFF'S RETURN OF SERVICE 06/25/2009 11:35 AM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on June 25, 2009 at 1135 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Judith A. Rudd, by making known unto Angela Rohrer, adult in charge at 1517 Terrace Avenue Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $33.40 SO ANSWERS, June 26, 2009 #R THOMAS KLINE HE F eputy Sheriff n a ° ~ ~ ..o i ~ ~ '` iT ~ ~ " .% '.~ ~ -~ .~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. JUDITH A RUDD Defendant No. 09-4208 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 (41.2) 434-7955 WWR#07142358 Judgment Amount $ 1,979.68 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIViL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 09-4208 C1V1L TERM JUDITH A RUDD Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, JUDITH A RUDD above named, in the default of an Answer, in the amount of $1,979.68 computed as follows: Amount claimed. in Complaint Amount paid by Defendant $1,93 5.89 $50.00 Interest from May 22, 2009 to August 20, 2009 at the legal interest rate of 24.90% per annum $93.79 TOTAL $1,979.68 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, 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#07142358 Plaintiff s address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7`~ Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 1517 TERRACE AVE, CARLISLE, PA 17013 i ,• IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DNISION CAPITAL ONE BANK (USA), NA Plaintiff vs. JUDITH A RUDD Defendant Case no: 09-4208 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, JUDITH A RUDD 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, JUDITH A RUDD is not in the military service. Further Affiant sayeth naught. ~~ AFFIANT osW~R~I,TQ AND SUBSCR~(E,~n my presence thisday Y~IBLIC COMMONWEALTH OF PENNSYLVANIA -~" Notarlal8eal ~ Wayne A. Jones, Notary Public i City of Plttsbur~h, Allegheny County M Commission Expros June 21i, 2010 h9ember, Pennsylvania Aseodetion of Notaries Request for Military Status _ ~± . Department of Defense Manpower Data Center -ti ;:;;: - Military Status Report Pursuant to the Servicemembers Civil Relief Act ~' Page 1 of 1 AUG-19-2009 06:14:14 "' Last Name First/Middle Begin Date Active Duty Status Service/Agency RUDD JUDITH 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. 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: htt~//www.defenselink.mil/f~~s/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: CDPIUKIBRF https://www. dmdc. osd.mil/scra/owa/scra.prc_Select 8/19/2009 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. JUDITH A RUDD Defendant TO: JUDITH A RUDD 1517 TERRACE AVE CARLISLE, PA 17013 Date of Notice: . Case No. 09-4208 CIVIL TERM IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU NAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRIT{NG 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 A7 ONCE, 1F YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE 5ET 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 WELTMAN,. WEINBERG & REIS CO,, L.P.A. By: / Matthew 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 7142358 N PIT M4C ~I '. ~_F ~' 1~ ~` .I_~_, 1 .l V:. 1~~- , ~~I.OC P ~ ATT'y GI~~ 4aa74Z5 ~f~ oZ30 (0'1(0 ~o'{'ICR, ~v~.~cQ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 09-4208 CIV1L TERM JUDITH A RUDD Defendant NOTICE OF JUDGMENT OR ORDER TO: ( )Plaintiff (xx) Defendant ( )Garnishee You are hereby notified that the following Order or Ju gment was entered against you on 9 0 (xx) Assumpsit Judgment in the amount of $1,979.68 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 ( TY) JUDITH A RUDD 1.517 TERRACE AVE CARLISLE, PA 17013 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Buildmg, 436 7~' Avenue, Pittsburgh, PA 15219 1-888-434-0085