HomeMy WebLinkAbout09-5801IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff No: 09 - 580(
0,4v?(?Ier&x
VS.
COMPLAINT IN CIVIL ACTION
DARRIN R ZISK
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
06793861 C N Pit SJS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA;),NA
Plaintiff
VS. Civil Action No
DARRIN R ZISK
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:
DARRIN R ZISK
315 W. MAIN ST., #D
MECHANICSBURG, PA 17055
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX2543 .
4. Defendant made use of said credit card and has a current balance
due of $3426.45 , as of July 29, 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
28.1000 per annum on the unpaid balance from July 29, 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 , DARRIN R ZISK , individually , in the amount of
$3426.45 with continuing interest thereon at the rate of 28.100% per
annum from July 29, 2009 plus costs.
JameIC ro t,42524
WELTERG & REIS CO., L.P.A.
436 enue, Suite 1400
Pitt15219
(412FAX: 130
0679it SJS
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.
C PHWOne° NOT PAYING YOUR DEBT 5WO13
what's in your wallet? DOESN'T MAKE IT GO AWAY.
EXHIBIT
In fact, even if we report your account as charged off, you'll still be responsible
for paying your debt. So why not call us to see what we can do together to
keep you from receiving such a serious mark on your credit record?
We're here to help. Please contact us to
find a solution that's right for you.
You can make a payment with our free check by phone service
or speak to an associate by calling 1.800.955.6600.
Make sure you call or pay the amount due on your statement within 30 days to keep your account from being charged off.
O 2006 Capital One Services, Inc. Capital One it a federally registered s,.,,e mark. All rights re,,_ed. 500013-06503
FINANCE
Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date
$1,859.09 - $0.00 D+ $43.52 + $35.00 = $1,937.61 $437.61 Feb. 03, 2007
Dec. 05, 2006 - Jan. 03, 2007 Page 1 of 1
PLEASE PAY AT LEAST TITS AMOUNT
MasterCard Platinum Account
51784521.4361.2543
Your Account Information
TOTAL CREDIT LINE $1,500.00
TOTAL AVAILABLE CREDIT $0,00
CREDIT LINE FOR CASH $1,500.00
AVAILABLE CREDIT FOR CASH $0.00
Finance Charges (Please see reverse for important information)
Balance rate Periodic Corresponding FINANCE
applied to rate APR CHARGE
Purchases $1,532.81 0.07712% D 28.15% $35.46
Cash $348.38 0.07712% D 28.15% $8.06
ANNUAL PERCENTAGE RATE applied this period: 28.15%
At Your Service 1.800-903-3637
KJ2 To call CuM., Relali ns or to report a lost or stolen card:
® Send payments to:
Capital One Bank - P.O. Box 70884 - Charlotte, NC 26272-0884
A Send inquiries to:
Capital One P.O. Box 30285 - Salt Lake Cry UT 84130-0285
6056 506 1 7
caph'alow what's in your wallet
Your account is six payments behind. If we charge off your account due to late payments, we will report the
charged-off status to several national credit bureaus, and the Purchase APR as reflected on this statement will
be applied to all your outstanding balances. Act now to prevent this from happening. Please pay the amount due
on your statement or give us a call at 1.800.955.6600. We'll work with you so you can take control of your
account and start rebuilding your credit with Capital One.
-Important Notice- Under the terms we previously disclosed to you, your account is now eligible for an increase
in Annual Percentage Rates (APRs) effective immediately. However, Capital One has elected not to raise your
APRs at this time. Please be advised that if you fail to keep your account in good standing, Capital One reserves
the right to raise your APRs in the future.
When you provide a check as payment, you authorize us either to use information from your check to make a
one-time electronic fund transfer from your account or to process the payment as a check transaction. When we
use information from your check to make an electronic fund transfer, funds may be withdrawn from your account
as soon as the same day we receive your payment, and you will not receive your check back from your financial
institution.
Payments, Credits & Adjustments
Transactions
1 03 JAN PAST DUE FEE $35.00
You were assessed a past due fee because your minimum payment was not received by the due date. 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.
070103 PAGE 1 of 1 OIBC6056
PLEASE RETURN PORTION BELOW WITH PAYMENT
0 5178052143612543 03 1937610040000437613
New Balance Minimum Payment Due Date
$? 61 $437.61 Feb. 03, 2007
PLEASE PAY AT LEAST
THIS AMOUNT
Amount Enclosed ==
Capital One Bank
P.O. Box 70884 Irlrrlllrrrrrllrrlrrll
Charlotte, NC 28272-0884
LrIrIIrlLrrl,ILrJrrIr116rrLrlrlrrlrrLrllrrlrrlrrlhrrll
Account Number: 5178-0521-4361-2543
Please print address or phone number changes below using blue or black ink.
Home Phone Alternate Phone
E-mail address
x90004716517503528 MAIL ID NUMBER
DARRIN R ZISK
2131 CHESTNUT ST
CAMP HILL, PA 17011-5454
rrrlllrrrllhrrrrrllrrJldJrrLrlJrlrrlrrLrllrrrrllLrld
Please write your account number on your check or money order made payable to Capital One Bank and mail with this coupon in the enclosed envelope.
DARRIN R ZISK
1. How 10 Avold a Finertce Charge,
t a. Grip Period. You will have a minimum grace period of 25
days without finance charge on new purchases, new
balance transfers, new special purchases and new other
charges if you pay your total 'New Balane, in
accordance with tins Important Notd. for ayments below,
and in time for k ID be Creddad by your statement
dosing date. There is no grace period on cash advances
and special theramm. In addition, there is no grace period
on any transaction if you do rid pay the atal'New
balance.'
b. Accruing Finance Charge. Transactions which are not
subject to a grace Period she assessed finance charge 1)
kOm the data Of the transaction or 2) from the date the
transaction is processed to your Account or 3) from the first
calendar day of the Current ailing Period. Addroonally, y you
did not pay the 'New Balance' from the previous baling
period in full, finance charges continue to accrue to your
unpaid balance until the unpaid balance is paid in ful. Ths
means that you may still owe fiance charges, even % you
pay the entire New Balance indicated on the front of your
staameil by the new statement closing date, but did not do
se for the previous month. Unpaid finance charges ere added
[o the applicable segment of your Account.
T c Minimum FhW m Charge. For each Nil period that your
account is wbjed to a trance charge, a minimum total
FINANCE CHARGE of $0.50 will be imposed.
t of Temporary Reduction in Finance Charge. We reserve the
right to not assets any or all finance charges for any given
billing period.
2. Average Dagy Baiance p hc4rding New Puehmesl.
Finance charge is Calculated by multiplying the dairy balance
of each segment of your account (e.g., cash advance,
purchase, special transfer, and special Purchase) by the
o0rrespondmg day panache retails) that has been
previously disclosed to you. At the and of each day during
the Wing period, we apply the daily periodic at. for each
segment of your account to the daily balance of each
segment. Then at the end of the bitting period, we add up the
resuks of these daily calculations to arrive at your periodic
finance charge for each segment. We add up the results from
each segment to arrive at the total penodc finance charge for
your account To get the daily balance for each Segment of
your account we take the beginning balance for esco
segment and add arry new transactions are any periodic
finance charge calculated on the pmvioW day's balance for
thin segment. We then autsract any parrans or oedits
Posted as of the day that are aloceted o that wgrnanl. Ths
gives us the wean s, daily balance for each as,," of your
account. However, If you paid the New Balance shown on
your previous statement in full (or if your new balance was
tiro or a Credit amount), new transaction, which post to
Your Purchase or special purchase segments are not added
to the day balance. We CelcWale the average dally
balance by adding all the daily balances together and
dividing the sum by the number of the days in glee current
billing cycle. To Calculate your total finance charge, mukiply
your average daily balance by the daffy periodic rate and by
the number of days in the biting Period. Due to rounding on a
daily bass or due to herimum finance charge assessment,
there may be a variance between this Calculator and the
amount of finances charge scWally assessed.
3. Annual Percentage Rates (APR).
a. The tamh'Annual Percentage Rate' may appear
.a'APRo on dia front Of this statement.
b. if the code P (Quarterly Pnmej L (Quarterly LIBOR), C
(Quarterly CD), or S (Bonkcard Prime) appears on the front
of this statement next to the parodic rate(s), the parodic
rates and COMMIDOnding ANNUAL PERCENTAGE RATES
may vary quartedy and may I-- or decrease based on
the stated indices, as found in The Well Street Joumal, plus
the margin Previously disclosed to you. These changes wit
be effective on the first day of your bllirg period covered by
your parodic statement ending in the months of January,
April, July and October.
C. If the code D (Monthly Prime), F (Monthly LIBOR), or G
(Treasury LIBOR) appears on the from of your statement
next to %e periodic ram(s), the periodic elm and
Corresponding ANNUAL PERCENTAGE RATES may very
monthly and may increase or decrease based on the stated
indices, as found in The Wall Street journal, plus the
margin previously disclosed to you. These changes will be
eeerlive on the first day of your hiling Period each month.
4. A-See-h nd of Late, Ovedimit and Returned Psym-l
I- Under the lens of your _St._ sgose n nl, we
hwerve the right to waive or not to assess any fees without
pnornotification to you without welvrg ourrighl to assess the
same or similartem at a llertime.
T 5. Renewing Your Account. if a membership fee appears
on the front of your statement, you have 30 days from the
date this statement was mailed to you to avoid paying the
fee w W have such fee credited o you If you Cancel your
account vat out having to pay the membership fee. To
Cancel your account, you must notify us by calling our
Customer Relations Department and fay your 'New
Balance' in ful (excluding the membership ace) prior to
the end of the thirtyday period.
6. R You Clow Your Account. You Can request 10 dose your
account by Calling our Customer Relations DepanmertL You
must destroy your credit card(s) and account access chess,
cancel a1 Preaulhorized billing and cease using your account.
After your request to close, if you continue to transact or do
not cancel preauthorized filing arrangements, we will
consider receipt of a charge your authorization to keep your
accouM open. Additionally, your account will not be dosed
until you Pay all amounts you owe us including: arty
transactions you have authorized, finance charges, past due
fee, Ovetimlt (eve, returned payment fern, rash advance
few and any other fees sseassed to your account. You are
responsible for these amounts whether they appee an your
account at the time you request 10 dose the account or they
are Incurred subsequent In your request to dose the account
This may rmuh in charges appearing an your account after you
have requested the acmont to be dosed.
7. Using Your Account Your card or account cannot be used in
connection with any Internet gambling transactions.
8. Notice About Electronic Check Conversion.
When you provide a cheek as payment you authorize us
either to use information from your check to make a one-time
electronic fund rut sferfrom your bank account or to process
the payment as a check transaction. When we use
srformaaaon from your Check to make an electronic fund
transfer, funds may be withdrawn from your bank account as
soon as the same day we reCaMe your payment, and you will
rot receive your check beds from your financial institution
.
BILLING RIGHTS SUMMARY
(In Case of Emors or Questions about Your Bill)
If you think your hill is among, or if you need more information on
a transaction or bill, write he us an a separate shell as soon as
possible at the address for inquiries shown on the front of this
statement We must hear from you no later than 60 days after we
sett you the firer hill on which the error or problem appeared. You
can call our Customer Relations number, but dung so will not
preserve your rights. In your letter, give us the following
information: your name and account number, the dollar amount
of the suspected error, a description of the error and an
explanation, if possible, of why you believe there Is an error; or if
you need more information, a description of the item you are
unsure about You do not have to pay any amount in question
while we aria investigating h, but you are still obligated to pay the
Pans of your bill flat are rot in question. While we investigate
your question, we cannot report you as delinquent er take any
action to collect the amount you question.
F, t Special Rule for Credit Card Purchases
if you have a problem with the quality, of property or services that
you purchased with a credit card and you have tried in good faith
to Correct the problem with the merchant, you may have the right
not to pay the remaining amount due on the property or services.
You have this protection only when the purchase price Was more
than $50.00 and the purchase was made in your home state or
within 100 miles of your nailing address. (If we own or operate
the merchant, or if we mailed you the advertisement for the
property or services, all purchases tie covered regardless of
amount or location of purchase.) Please remember to sign all
correspond-cat.
T Does not applyW Consumer non-coed, Card accounts
$ Does not apply to business non-credR Card accounts
Capital One supports information privacy protection: see our
websne at wWw.Canltalone.mm.
Capital One Is a federally registered Service mark of Capital One
Financial Corporation. AI rights reserved. 02006 Capital One
01 BC6056 - 6 - 12121,16
ImPesntli otke: Payments You may to us wit be credited m your acco rc as Vine boarses daywe recene a, provided (1) you sum the
bMm paan offs sstmimt and your damn rib mdosW amKW- enwxape arm (2) lour payment s --W in ou pmcesyrg center
by 3 p.m. ET ('2 ram PT). Pmw aloe at seat five (5) buanms days for postal artery. Paymms receked by m a any other loraWn a in
any other form may err be credited m of the ay we receive them. Our business days are Monday tNwgh Sabrday, eadutlng hofi a .
Please a not We staples. paper doe, etc. cruse prepairg your peymmt. When you prods a them as payment you aNmras us Ow to use
kdcrmatbn from your died, to make a me-gone elmbpnc fund trasferfiam your acmunt or to process the payment as a deck eansecem.
When we use information fmm your deck b make an esmonic ham bander, pads may be aiodram from your acceunt as seen as the same
day we receive your payment and you will not receive your dam back cam your fr-al Imewtion.
CAPITAL-ONE BANK (USA), N.A.,
Plaintiff
V.
DARRIN R ZISK
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: ad
Ottis Coward
A049
WELTMAN, WEINBERG & REIS CO., L.P.A.
0
RE D-42'?-F
2 E" <: 45
*18,50 po fir"
cle,`a- 4(SAUC>5
tT* aaq coa4
Sheriffs Office of Cumberland County
R Thomas Kline OF r- i.- nr "; i?,}Y
Sher
„cr of ?um6rr?r
Ronny R Anderson ?
?
2009 SEP LZ M 10: 140
Chief Deputy f+ t t ?x
F?1
?y
Jody S Smith ?C Y
Civil Process Sergeant CYFF'C6 uF 'HE SrtE IFF J.?'
Edward L Schorpp
Solicitor
Capital One Bank (U.S.A.) N.A. Case Number
vs. 2009-5801
Darrin R. Zisk
SHERIFF'S RETURN OF SERVICE
09/18/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Darrin R. Zisk, but was unable to locate him in his
bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Darrin R.
Zisk. After several attemps the complaint has expired.
SHERIFF COST: $78.00
September 18, 2009
SO ANSWERS,
R THOMAS KLINE, SHERIFF
A
0?00 A06 013 Am m os
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
vs.
DARRIN R ZISK
Defendant(s)
No. 09-5801 CIVIL TERM
PRAECIPE TO REINSTATE COMPLAINT
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Lyndsay E Rowland, Esquire
PA ID #205520
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Buidling
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#6793861 CFR
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-*10. 00 P 0 A vvyy
0'1907123 7
[ ad 71 (oS
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
vs. Civil Action No. 09-5801 CIVIL TERM
DARRIN R ZISK
Defendant(s)
PRAECIPE TO REINSTATE COMPLAINT
Kindly reinstate the Complaint in the above captioned matter.
WELTNVWEINBERG & REIS CO., L.P.A.
BY:
Lyndsay ow land, Esquire
PA ID #2 20
WELTMA , WEINBERG & REIS CO., L.P.A.
1400 Koppers Buidling
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR #6793861
FILED-C_F+'CE/
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G Pj 3: t 2
CC??kpENN-SYLVANIA??
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA), NA
Plaintiff
vs.
No. 09-5801 CIVIL TERM
AFFIDAVIT OF SERVICE OF COMPLAINT
DARRIN RUSK
Defendant.
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
James C. Warmbrodt, Esgrure
PA I.D. #42524
WELhMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh. PA 15219
(412) 434-7955
W WR#679386I
INTIff" COURT OFCOMMON PLEAS OF CUMBERLAND COUNTY, PITNNSYLVANIA
CIVIL. DIVISION
CAPITAL ONE BANK (USA), NA
Plaintiff No. 09-5801 CIVIL TERM
vs.
DARRIN R ZISK
Defendant
AFFIDAVIT OF SERVICE OF COMPLAINT
BEFORE" ME, the undersigned authority, personally appeared James C. Warnlbrodt, Esquire, who
according to law deposes and says that a copy of the Complaint in ('lull Action has been served on the Defendant,
DARRIN RZ,ISK.
1. On or about APRIL 19, 2010, Plaintiff received a s1'-ned Order of Court permitting service, on the
Defendant, to be complete and valid upon mailing to the complaint by tirst class trial], certificate of mailing and by
certified mail, return receipt requested. Said Order of Court is attached as Exhibit "I".
2. On or about AUGUST 26, 2010, Plaintiff mailed the complaint to DARRIN R. ZISK. Said
certificate of mailing and certified mail receipts are attached as Exhibit ``2".
WELTMAN, WEINBERC & RFIS. CO., 1..P.A.
James CF38 odt. Esquire
1) 1. D. N?'ELTEINBERG & REIS CO., L.P.A.
1400 Kuildinb
436 Seenue
Pittsbu15219
(412) 4 W WR# Sworn to and subscribed
before n>-,this-
day o 2010.
y
NOTARY PUBLIC
COMMONWEALTH OF PEiV1N5yLVkNii.
Notarial Seai
neiia G. Bevan, Notary vui: ?
Ros=, wp., Allegheny County
My Commission Expires Nov. 15, 201G
Member. Penns'',un"a Association of Notaries
APR, 14-24
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA) NA
Plaintiff
VS.
DARRIN R ZISK
No- 09-5801-CIVIL TERM
ORDER OF COURT
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AND NOW, to-wit, this _ /9 day of + ; - 2010, upon consideration of the
foregoing Motion for Service of the Complaint Pursuant to Special Order of Court and attached supporting
affidavit, it is hereby ORDERED, ADJUDGED AND DECREED, that the service of the Complaint in Civil
Action may be made on Defendant, Darrin R.. Zisk, by permitting the Plaintiff to mail a copy of the Complaint to
the Defendant the last known address being 315 W. Main St, D, Mechanicsburg, Pa 17055 by Certified Mail and
by Certificate of Mailing Postal Form 3817, postage prepaid. Service to be completed upon mailing.
BY THE COURT:
A-4 1.
DISTRIBUTION:
Darrin R Zisk
315 W. Main St #D
Mechanicsburg, PA 17055
William T'. Molczan, Esq.
V41eltman, Weinberg & Reis, Co. LPn
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
EXHIBIT
WWR #6793861
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UNITED STATES Certificate Of
POSTAL.SERVICE: Mailing
This Certificale of Mailing provides evidence that mail has been presented to USPSO for mailing.
This corm may be used for domestic and international mail,.
Aill
From Welll Ilan, BUeInDerg Cis R +d r A .r
436 7th Ave.
_------------------------------- 'i rgh, PA 1 521 9 --------
To: t.,
PS Form 3 817, April 2007 PSN 7530-02-000-9065
_'~'ii.~'D-QFFICE
~~~ T~~E F'ROTI~ONDTARY
1!~~ ^~~' 22 ~`~ 9~ 34
C~i~~D~ R~_!!,~~D CQU~TY
~'~'~~SYL1i:'~N~A
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
vs.
DARRIN R ZISK
Defendant
No: 09-5801 CIVIL TERM
PRAECIPE FOR DEFAULT JUDGMENT
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
06793861 C N Pit NPE
Judgment Amount $4112.09
$J~'.0O PB ATri
~~ ~(.$6l,~'135
~~ 02500!07
1~o1+ee I,~Qd¢d
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
vs. Civil Action No. 09-5801 CIVIL TERM
DARRIN R ZISK
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONTARY:
Kindly enter Judgment against the Defendant DARRIN R ZISK above named,
in the default of an Answer, in the amount of $4112.09 computed as follows:
Amount claimed in Complaint $3426.45
Less payments / adjustments made $0.00
Interest on the remaining principal balance of
$2019.50 from July 29, 2009 to October 13, 2010
@ the interest rate of 28.100 per annum $685.64
Attorney's fees $0.00
TOTAL $4112.09
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.
By:
James C.
t,42524
06793861/C 1/1 Pit NPE
Plaintiff's address is:
c/o WELTMAN, WEINBERG & REIS CO., L.P.A.,
436 Seventh Avenue, Suite 1400 Pittsburg PA 15219
And that the last known address of the Defendant is
DARRIN R ZISK
315 W. MAIN ST., #D
MECHANICSBURG, PA 17055
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
vs. Civil Action No. 09-5801 CIVIL TERM
DARRIN R ZISK
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that ~ e following Order of Judgment
was entered against you on to as/~o
(xx) Assumpsit Judgment in the amount of $4112.09 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
Prothono
By:
DARRIN R ZISK
315 W. MAIN ST., #D
MECHANICSBURG, PA 17055
Plaintiff's address is:
Y (OR/DEPUTY
c/o WELTMAN, WEINBERG & REIS CO., L.P.A.,
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
(412) 434-7955
IN THE COMMON PLEAS COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CNIL DNISION
CAPITAL ONE BANK (USA), NA
Plaintiff
vs.
Civil Action 09-5801 CNIL TERM
NON-MILITARY AFFIDAVIT
DARRIN R ZISK
Defendant
The undersigned is the duly authorized agent and/or attorney for the Plaintiff in the within
matter and states as follows:
Affiant 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, DARRIN R. ZISK 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 DMDC does not possess any
information indicating that the below individual is in the military service:
DARRIN R. ZISK
315 W. MAIN ST., #D
MECHANICSBURG, PA 17055
Affiant further states that the averments contained herein are true and correct to the best
of Affiant's knowledge, information and belief and that these averments are made subject to the
penalties of 18 Pa C.S.A. §4904 relating to unsworn falsification to authorities.
Request for Military Status
Department of Defense Manpower Data Center
Military Status Report
Pursuant to the Service Members Civil Relief Act
Page 1 of 2
Oct-15-2010 06:34:05
~ Last
Name First/Middle Begin Date Active Duty Status Active Duty End Date Service
Agency
ZISK DARRIN R Based on the information you have furnished, the DMDC does not possess
any information indicating the individual status.
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 Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast
Guard).
~~ ~,-~-
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 DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§
501 et seq, as amended) (SCRA) (formerly known as 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 status by contacting that person's Service via the
"defenselink.mil" URL http://www.defenselink.miUfaq/pis/PC09SLDR.html. If you have evidence the
person is on active duty and you fail to obtain this additional Service verification, punitive provisions of
the SCRA maybe invoked against you. See 50 USC App. §521(c).
If you obtain additional 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 active duty status including date the individual was last on active duty, if it was
within the preceding 367 days. For historical information, please contact the Service SCRA points-of-
contact.
https://www.dmdc.osd.miUappj/scra/popreport.do 10/15/2010
Request for Military Status Page 2 of 2
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a
period of more than 30 consecutive days. In the case of a member of the National Guard, includes
service under a call to active service authorized by the President or the Secretary of Defense for a period
of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national
emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR)
members must be assigned against an authorized mobilization position in the unit they support. This
includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a
Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health
Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a
period of more than 30 consecutive days.
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active
duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate.
Many times orders are amended to extend the period of active duty, which would extend SCRA
protections. Persons seeking to rely on this website certification should check to make sure the orders on
which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report
for active duty or to be inducted, but who have not actually begun active duty or actually reported for
induction. The Last Date on Active Duty entry is important because a number of protections of SCRA
extend beyond the last dates of active duty.
Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights
guaranteed to Service members under the SCRA are protected.
WARNING: This certificate was provided based on a name and SSN provided by the requester.
Providing an erroneous name or SSN will cause an erroneous certificate to be provided.
Report ID:NQ6TE7HIR6
https://www.dmdc.osd.miUappj/scra/popreport.do 10/15/2010
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA},NA
Plaintiff
VS
DARRIN R ZISK
Defendant
Case No. 09-5801 CIVIL TERM
IMPORTANT NOTICE
TO:
DARRIN R ZISK
315 W. MAIN ST., #D
MECHANICSBURG, PA 170 5
Date of Notice: ~ ~~/a .
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 SHOULO TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT WAVE A LAWYER, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
lF 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 BBDFORD STREET
' CARLISLE, PA. 17013
(717) 249-3166
WELTMAN, Il~i'~II,VBERG &REIS CO., L.P.A.
By.; / ,
Matthew Urban
P.A.LD.# 90983
WELTMAN, WEINBERG &REIS CO., L.P.A.
438 Seventh Avenue, 1400 Koppers Building
Pittsburgh, PA 15219
Phone: (412) 434-7955
6793881 N PIT C4P