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Home My WebLink About09-4215I V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: tq- 402.15 Oiv i t -Wr- k vs. COMPLAINT IN CIVIL ACTION LAWRENCE L LUPOLD 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 07265084 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 ?V LAWRENCE L LUPOLD 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: LAWRENCE L LUPOLD 102 SALT RD ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX2756 . 4. Defendant made use of said credit card and has a current balance due of $8777.61 , 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 5.000. per annum on the unpaid balance from May 22, 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 , LAWRENCE L LUPOLD , individually , in the amount of $8777.61 with continuing interest thereon at the rate of 5.000% per annum from May 22, 2009 plus costs. James C War ro t,42524 WELT WEINBERG & RE IS CO., L , .P.A. 436 Se nth Avenue, Suite 1400 Pitts gh PA 15219 (412) 4 4-7955 FAX: 41 -338-7130 0726 0 4 C N Pit KMJ This law firm is a debt collector attemwing to collect this debt for our client and any information obtained will be used for that purpose. EXHIBIT Previous Belarloe Payments & CredNa FINANCE T CHARGE ransactions New Balance Minimum Payment $8,313.19 - $0.00 + C$34.27 D- $39.00 = $8,386.46 $1,668.00 Jun. 22, 2008 - Jul. 21, 2008 Page 1 of 1 MasterCard Plc hurl Account 57914V44757,VJs Your Account Information ?? REWARDS' TOTAL REVOLVING CREDIT LINE $8,000,00 TOTAL AVAILABLE REVOLVING CREDIT $0 00 CREDIT LINE FOR CASH $4000 00 AVAILABLE CREDIT FOR CASH $000 Finance Charges (Please see reverse for rnportant information) Balance rate Parodic Cone mxkg FINANCE qpwb rate APR 57 001370%D 50D% CHARGE Pudaves Cash $0.00 0.05425% 19804 $D.00 ANNUAL PERCENTAGE RATE applied this period: 5.Oo% ® At Your Service I.OD04SM70 Tocd OAkxTwfbbba orbrepatatutorsbkmcad 0 Sand P"Itte to: Dapka One &Q M),NA • P 0 Bar 70884 • Charbus, NC2BV2MM Sand Inquiries to; Carpkd Drs PO Bak 30185• Sit Las OTy, Ur 8413L'OM ® For Mom kdo... It on your Rewards: Vet Od 1 2 www.c32r&labWrnmr?rrrbeewedr ® Have a question about ¦ rdtage an your dun mmW Please refer t0 the Blllnrg Rghts Summary m the back of yow statement or unit Due Date Aug. 15, 2008 _% Pkrase Par ar uasr nasanourur YaU a befartd by= payments If we charge off yow woo de to late a mwsed payments, Trance diarges wa continue to accrue Act now b) prevent this from happening Please pay the mremfn payment amouk an you statement or We us a cd at 180D 955 650D We're here to heh Take oonlrc ofYokr aedt with Capital One Retrards SuTrMrlW Pmvo A aveiabla txrawa 6,366 Earned On pa xt 0 A * posbd A" Ihs d6g qcb) 6,366 b. Credib dr Aduatrnwtto Tiansaetim 1 16 X& PAST DUE FEE You account has gone over Its aadk link. To evo d addtorel ov ImIt fees please parr enmo to brr$V39.00 your Warm below your oredktmdmmekialety and mace sure you rumenbabwyour =1Iml Please be sue to somult for any We purchases, fees, Ord rove dwgm You -assessed a past are fee bemm you mramum payrner t was not received by On de Cab To a.oid this fee n the Clue, we reconmend that you cow at least 7 business days for your mrxnum payment to reach Capital One PLEASE RETURN PORTIDN BELOW WITH PAYMENT OR LOG ON TO wwWI(APRALONE.COM TO MAZE YOUR PAYMENT ONUNE /-WftW0he. 0 5291492497572756 21 6386460300001668001 I? what's m your walktY' New Balance Minimum payment Due Date Account Number. 52914924-9757.2756 nMease Print address or Phone number dwges bebw using bbe or black irk $8,386.46 C$1,668.00 AtNg. 15, 2008 Aetfvea PLEASE PAY AT U5W THISAMOUNT Homer A7&rr"Ph" E,maTaafdress Amount Enclosed , NN9020482797479489Ni MAIL ID NUMBER LAWRENCE L LUPOLP CaPltal One Bk(USA),NA 1,02 SALT RD P.O. Box 70664 ?u?ur?uu?r?u111 1111111 ENOLA, PA 17025-2019 Charlotte, NC 26272-0664 7265084 ikrikurkirrkirurrkirrirmrr,irrikirrirkikrnkrirrirrurrru Please write you a=unt number on your dnedk or money order made payable to Capital One BOSA),NA and mail with this wupon in the endowd emelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. LAWRENCE L LUPOLD 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: p2 a s 6t ? Shawn Wood A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 0 r?? ri"r v r,.. r '. J w" l 'i ? ; i ,F a r, 1-: 1 ,. 2009 11 b' 4,19. so Po ATW co 40(018 80 RT*` aarlo3s Sheriffs Office of Cumberland County R Thomas Kline r at cirp7brr Sheri 410011 '14 Edward L Schorpr Solicitor Ronny R Anderson Chief Deputy 0F9iCE 'F . $wERIFF Jody S Smith Civil Process Sergeant Capital One Bank (U.S.A.) N.A. vs. Case Number Lawrence L. Lupold 2009-4215 SHERIFF'S RETURN OF SERVICE 06/29/2009 11:50 AM - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on June 29, 2009 at 1150 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Lawrence L. Lupoid, by making known unto himself personally, defendant at 102 Salt Road Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 June 30, 2009 SO ANSWERS, R THOMAS KLINE SHE RIFF Deputy Sheriff ? C rv o ? ? -.c7 -i .._ c:: ^ ? rrj .:.1 '?7 sl tf ^? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. LAWRENCE L LUPOLD Defendant No. 09-4215 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#7265084 Judgment Amount $ 8930.60 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No. 09-4215 CIVIL TERM LAWRENCE L LUPOLD Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, LAWRENCE L LUPOLD above named, in the default of an Answer, in the amount of $8930.60 computed as follows: Amount claimed in Complaint $8777.61 Interest from MAY 22, 2009 TO OCTOBER 1, 2009 at the legal interest rate of 5.00% per annum $152.99 TOTAL $8930.60 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: A-/4 4? ? ?-? WILLIAM T. MOLCZ , ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (41.2)434-7955 WWR#7265084 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: 102 SALT RD, ENOLA, PA 17025 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No. 09-4215 CIVIL TERM LAWRENCE L LUPOLD 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 (xx) Assumpsit Judgment in the amount of $8930.60 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 . OTHONOTARY (OR DEPU LAWRENCE L LUPOLD 102 SALT RD ENOLA, PA 17025 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7"' 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. LAWRENCE L LUPOLD Defendant Case no: 09-4215 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, LAWRENCE L LUPOLD 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, LAWRENCE L LUPOLD is not in the military service. Further Affiant sayeth naught. A /v AFFIANT SWORN O AND SUBSCRIBED in my presence this da Y Of 2009. NOTARY P LIC COMMONWEALTH OF PENNSYLVANIA Not rw Seal Wendy L. dank, Notary Public City of Pft"h, A fthsny County I My CommissW Expires July 15, 2010 Men: ber, Pennsylvania Association of Notaries IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs, LAWRENCE L LUPOLD Defendant TO: LAWRENCE L LUPOLD 102 SALT RD ENOLA, PA 17025 , Date of Notice: Case No, 094215 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 FEEOR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMA , 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 7265084 N PIT L4Q Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 SEP-16-2009 16:52:41 Last Name First/Middle Begin Date Active Duty Status Service/Agency LUPOLD LAWRENCE Based on the information you have fiunished, 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. rte, r? ,c?.?-ate 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: ft://www.defenselink-mil/fM/yis/PC09SLDR.htrnl 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: BJKUSOOZEKE https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 9/16/2009 FILL}.{ ., c ?}F TL, i t,.. 2009 C,CT 19 °M 2: 48 GL t i. N' ?iy.OO??L A? eK'- k24szyy RA e23d..?17 Al4f t-E, enaA?:L