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Home My WebLink About09-4251IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: Oq - 4A61 l terix vs. COMPLAINT IN CIVIL ACTION GREGG S ISOM 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 15:219 (412) 434-7955 FAX: 412-338-7130 06569151 C N Pit K4J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No GREGG S ISOM 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: GREGG S ISOM 10732 LANCASTER BLVD MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card'. bearing the account number XXXXXXXXXXXX6843 . 4. Defendant made use of said credit card and has a current balance due of $3805.56 , as of June 03, 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 29.200% per annum on the unpaid balance from June 03, 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 , GREGG S ISOM , individually , in the amount of $3805.56 with continuing interest thereon at the rage of 29.200% per annum from June 03, 2009 plus costs. James War ro t,42524 WELT WEINBERG & REIS CO., L.P.A. 436 S v nth Avenue, Suite 1400 Pitt b rgh, PA 15219 (41 34-7955 FAX 12-338-7130 065 151 C N Pit KMJ 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. peoplepu online u A better way to Internet. Surf up to • 5x fastermm 0 FREE Accelerator for Ow first f2 monthst- a $80 miuat tz 1-888-587-9669 Mention Offer Code: DOLLAR Visit www.peoplepc.com/go/dollar UNLIMITED INTERNET ACCESS PeoplePC Online offers the features you would expect frorn higher-priced Internet Service Providers, including: ® Virus Protection powered by SymanteC- 6 Pop-Up E3lockerTM '? Spam Controls Smarter Smart Dialer Technology More Email Addresses ® Internet Call Waiting Capital0nea Account Sun n my Previous Balance 11,509.69 Payments, Credits and Adjustments S.00 Transactions $35.00 Finance Charges $34.80 New Balance $1,579.49 Minimum Amount Due $92.00 Payment Due Date January 04, 2006 Total Credit Line $1,600 Total Available Credit $20.51 Credit Line for Cash $1,600 Available Credit for Cash $2051 At your service To eID Customer Rekti or to report a lost w stolen card- 1-800-903-3637 For free online amount serv" and speaal customer oHen, log on ter. www.caphal-eon Seod pemrnm to Smd inquiries t Attn: RamdI-e Processing Capital Oat Bank C.Phd One P.O. B- 790216 P.O. Box 30285 St Lau,, MO 63179-0116 SLC, UT 84130-0285 PLATINUM VISA ACCOUNT 4388-6418-8511-6843 NOV 05 - DEC 04, 2005 Page 1 of 1 Payments, Credits and Adjustments Your scheduled payment has not been received. Please remit the amount due appearing on this statement If you have already made your payment, please accept our thanks. Transactions 1 o4 DEC PAST DUE FEE As a valued Capital One customer, you are eligible to receive a free Year-End Summary for this specific account that recaps your 2005 charge; provided your account is in good standing and you have made transactions during the calendar year. Please call 1-877-794-4487 before January 31, 2006, to reserve your copy for this account Orders will be mailed out by the end of February 2006. We appreciate your business and are converting your account to Platinum status as of October 17, 2005. So, be on the lookout for the arrival of your new Platinum card at your next reissue. Until then, you will receive Platinum benefits when you use your parent card. For details about your new Platinum benefits, visit www.capitalone.com/creditcards and dick on the Guide to Benefits link. Thanks for choosing Capital One. You were assessed a past due fee of $35.00 on 12/04/2005 because your minimum payment was not received by the due date of 12/03/2005. To avoid this fee in the future, we recommend that you allow at least 7 business days for your payment to reach Capital One. kwieIr $35.00 Important Account Information It's C iprpl One Bowl week time again Tune in to ESPN and ES N2 starting on December 20 for the beer in post-season college football action to see your favorite teams X ht for bowl championships. And on January 2 at 1 pm ( , be sure to tune in to ABC to watch the Capital One Bowl live from Orlando, Florida! F-mance Charges Pleae Ax rmerse:idejbr important informatim rdr lro Pmodes[ad PURCHASES 51,526.44 CASH retr R A .07600%P 27.7496 $34.80 $.00 .07600%P 27.74% $.00 ANNUAL PERCENTAGE RATE applied this period 27,7496 PLEASE RETURN PORTION BELOW WITH PAYMENT • Q3~0M. 0000000 0 4388641885116843 04 1579490139000092005 P4a"p, t;?., rata ,era m; at s New Balance ____L1,579_49 m.rad atk -X Minimum Amount Due $92 00 snore Apt e Payment Due Date January 04, 2006 G9 Son ZIP Total enclosed $ eman Phone Amount Number. 4388-6418-8511-6843 Fiomt Phone Ah FmulAddrm #9033873857886750# MAIL ID NUMBER Capital One Bank GREGG S ISOM P.O. Box 790216 204 VERBEKE ST St. Louis, MO 63179-0216 HARRISBURG PA 17102-2749 Mare vniteyom amount number on yore thecF m money order madepayabk to Capital OruBan4 and mail in the endured arrxlope. AA. CAPITAL ONE BANK (USA), N.A., Plaintiff, V. GREGG S ISOM 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 Complain ivil Action are true and correct to the best of his/her knowledge, information and belief. Dated: 2 C/ G t Edward Piotrowski A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 0 ly 2t` 1;; ?4 t 17 1 ' v i l v1 +i $'T8.5o PD AT -4 40'"430 aao! 204 Sheriffs Office of Cumberland County R Thomas Kline haw :,atr of clu"brrttiff Edward L Schorpp Sheri Solicitor ' Ronny R Anderson Jody S Smith Chief Deputy OFFICE'-' ' E SHERIFF Civil Process Sergeant Capital One Bank (U.S.A.) N.A. Case Number vs. Gregg S. Isom 2009-4251 SHERIFF'S RETURN OF SERVICE 07/01/2009 02:08 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 1, 2009 at 1408 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Gregg S. Isom, by making known unto himself personally, defendant at 1073-2 Lancaster Blvd. Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 July 02, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF i? Deputy Sheriff C C=5 _0 C-n -D CAL, K IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. GREGG S ISOM Defendant No. 09-4251 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 (412) 434-7955 WWR#06569151 Judgment Amount $ 4,038.09 ` IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. GREGG S ISOM Defendant TO THE PROTHONOTARY: Civil Action No. 09-4251 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, GREGG S ISOM above named, in the default of an Answer, in the amount of $4,038.09 computed as follows: Amount claimed in Complaint $3,805.56 Interest from June 03, 2009 to October 13, 2009 at the legal interest rate of 29.20% per annum $232.53 TOTAL $4,038.09 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. William T. Molczan,/Esquire PA LD. #47437 WELTMAN, WEINBERG &REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 W WR#06569151 Plaintiff s address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7°i Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 10732 LANCASTER BLVD, MECHANICSBURG, PA 17055 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Case no: 09-4251 CIVIL TERM Plaintiff vs. GREGG S ISOM Defendant 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, GREGG S ISOM 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, GREGG S ISOM is not in the military service. Further Affiant sayeth naught. ~~ AFFIANT r SWORN TO AND SUBSCRIBED in my presence this ~~ day of ~>C } r ~ T. ~~~ ~ NOTARY BLIC ~~ • ~ v^v, _.___ ____. ^ iT_`, -,fin.-_._. __ __-~. Vi}~Cnmmissin+~ ~i~esyav.'?5,2~~u i ~a~mr:er: P~>:~~°_ ~i,rant~ ;~ss•~ciati;;r~ ~f Notaries 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-30-2009 11:14:1 1 "~~. Last Name First/Middle Begin Date Active Duty Status Service/Agency ISOM GREGG 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. "fhe 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.mil/faq/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: HHITNMOJWF https://www.dmdc.osd.mil/scra/owa/scra.prc__Select 9/30/2009 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. GREGG S ISOM Defendant Case No. 09-4251 CIVIL TERM IMPORTANT NOTICE TO: GREGG S ISOM 10732 LANCASTER BLVD MECHANICSBURG, PA 17055 Date of 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, 1F 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 REDUCER FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717} 249-3166 WELTMAN, W~,dNBERG &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 6569151 N PIT 641 ~ ~_ ~; ,. , ...,~d~Tp;RY ~, ~~ `,. y ~ r h, `4' :.'~'.~~ ~~_ ~ l~,op Po ATN C~~` ~{ 313 8~I ~.r~a3asgq ~l~-hee ~.lou fec~ ` IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CiViL DNISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 09-4251 CIVIL TERM GREGG S ISOM Defendant NOTICE OF JUDGMENT OR ORDER TO: ( )Plaintiff (xx) Defendant ( )Garnishee You are hereby notified that the following Order oror Ju~was entered against you on (xx) Assumpsit Judgment in the amount of $4,038.09 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: PROTHONOTARY (OR DEPUT ~ GREGG S ISOM 10732 LANCASTER BLVD MECHANICSBURG, PA 17055 Plaintiff s address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 1-888-434-0085 WELTMAN, WEINBERG & REIS CO., L.P.A. BY: James C Warmbrodt, Esquire I.D. No.42524 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File 4 6569151 CAPITAL ONE BANK (USA),NA vs. GREGG S ISOM and FIRST NATIONAL BANK Garnishee(s) Attorney for Plaintiff(s) cri 2C) =p rY p G ._. Cumberland County CrI x Court of Common Pleas NO. 09-4251 CIVIL TERM PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), FIRST NATIONAL BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By Sworn to and subscribed Before me th-?7," day of May, 2011 NOTARY PUBLIC % `NA IfLVANiA nl COM I =AS tao , Public R06 y Coij y M Gmov. is 2014 MEMBERPENNRON Of NOTARIES C Warmbrodt, Esquire ry for Plaintiff ?d aµy L'X0A a? 'Co C l-0 qd 9y? j ll 24L.n o ss^g CAP THE PRO°HON TARY WELT ,WEINBERG & REIS CO., L.P.A. BY: Sa ah E. Ehasz, Esquire Attorney for Plaintiff(s) 2011 JUL _' PM 2: 58 I.D. No. 6469 436 Seventh Avenue, Suite 1400 CUMBERLAND COUNTY Pittsburgh, PA 15219 PENNSYLVANIA Phone: 12.434.7955 Fax: 41 .434.7959 File # 6569151 CAPITAIL ONE BANK (USA),NA CUMBERLAND County Court of Common Pleas GREGG S ISOM NO. 09-4251 CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT TO THE PROTHONOTARY: kindly Satisfy the Judgment of the above-captioned matter upon the records of the Court an mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By Sarah E. Ehasz, Esquir Attorney for Plaintiff Sworn to and subscri ed Before m t Ja of MAY, 2011 I? NOTARIAL SEAL OEANNA MARIE TARAN70 PUBLIC Nowy Pvb k PITTSBURGH CITY. ALLEGHENY COUNTY MY Commission EVIres Jan 14.2013 98.66 F L R4 GtC'? Qr,9o?3? JAR 3PRATOO OT14AAAA,T ItRAfM6 AiWAY1 3400 *110044 YTM03 Y*il4D3J.iA r. 11-11 #Q80Q 1 tt'4 ttos .?{ nAL foIN.3 notzptnmc t qM