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Home My WebLink About09-5811IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: ? -sell 04yrTar*. vs. COMPLAINT IN CIVIL ACTION JILL E WAWRZONEK 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 07264960 C N Pit SJS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),.NA Plaintiff VS. JILL E WAWRZONEK Defendant Civil Action No 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: JILL E WAWRZONEK 12 WALNUT LN CAMP HILL, PA 17011 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX0298 4. Defendant made use of said credit card and has a current balance due of $3482.03 , as of August 10, 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 August 10, 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 , JILL E WAWRZONEK , individually , in the amount of $3482.03 with continuing interest thereon at the rate of 24.900% per annum from August 10, 2009 plus costs. James C. Warmbrodt,42524 WELTMAN EINBERG & REIS CO., L.P.A. 436 Se e h Avenue, Suite 1400 Pittsb r , PA 15219 (412) 43 -7955 FAX: 1 -338-7130 0726 9 0 C N Pit SJS This law firm is a debt collector attempting to collect this debt for our client and any information obtained ill be used for that purpose. Previous Balance Paymads & Credits FINANCE Transactions CHARGE New Balance Minimum Payment Due Date 42 Jul. 26, 2008 08 $462 680 $2 $2,622.58 - $33.58 3 * $x`2.08 * $39.00 = . . , Jun. 03, 2008 - Jul. 01, 2008 Page 1 of 1 KE*E PAY AT L9 7M$ AMOUW Visa Pb&M Account 4882382412300288 Your Aarount Information TOTAL REVOLVING CREDIT LINE $1,800.00 TOTALAVAILABLE REVOLVING CREDIT $000 CREDIT LJNE FOR CASH $1,80000 AVAILABLE CREDIT FOR CASH $0 00 =Charge$(Plem se see reverse V important nlamabon) te Peodic Corresp on6ng FWNCE o ? APR CHARGE 37 D.OE822% D 2490% 552.08 0D 000M%D 24 W% SD00 RATE applied this, period: 2450% Q At YourSenice 1M N03.= To cal Qalnrer Rt+Wrs orto report a List or sbin cad 0 Send Caprbl One, LFA),NA • P D Box 7094 • Charlotte, NC 28272-OBU Ca utiiesto: ? w P 0 Bic 30195 - Sol Ltie CH, UT 84130.0185 Capital D ® Nave a question about a charge on your stalament? Please refer to the Bfirg Rob Summary on the tack of your statement or visit www. camlBlone MjMut? Yoke behind by m payment If we charge off you W.%nt d s 10 loft or mseed payments, finarm payment amount on your statemen give Us a at 1 &70 955 66W Were here to help Take control of your ae& wth Capital One "Important Notice" Linder the terms we previcoey dsdosed to you, your account is row eligible for an increase m Arruel Percentage Rates (APRs) effective immediately However, Capital One tea eWad not to rase you APRs at hs t>me Please be advised that f you fort to keep your accaurt n good standing, Capital One reserves the right to rase your APRs in the future ErO.. re.r:ra R Arl'i .5& 1 13 JUN CAPITAL ONE ONIJt ACH PA Aut to 131 UN $33 Transactions $3900 2 27 JUN PAST DL1E FEE Your account is 90 days peal due and your PaYmenl Protection coverage has been suspended. As stated in your Payment Protecinn agreement, your coverage and montdy charge wil be reinstated once your axount is no longer 9D days past due You may still be eligible for berets b be pad to your account for loss events described in you Payment Protecbon agreement Cal Stonebrdge Benefit Services at 1.8WWa041o see d you situation clialfies for benefits You account has gone over its crecit limit, To avoid aditond averhret fees, please Pay enough to txrg your balance below your credit Ind rnmedaley, and crake we you narart below you credt limit Please be sure to account for ary fifire Purchases, fees, and finance charges You were assessed a past die fee because your mnmun payment was not received by the dua date To mod this fee in the f Wp e, we ewmmestd that you anew at least7 rVbusiriess days U Y9ur mr wnum Payment to reach Cap" One T PLEASE RETURN PORTION BELOW WRH PAYMENT OR LOG ON TO W WW.CAWALDNE.COM TO MAKE YOUR PAYMENT ONLINE ?? what's in your wal?et7" 0 4862362412300298 01 2680080033580482424 New Balance Minimum Pa-y-meennt Due Date L$2,680-08 $482.42 Jul. 26, 2008 PLEASE PAY AT LEAST THISAMOUNr Amount Enclosed C= Capital One Bk (USA),NA Irlrrlrrlrll'rr rltr?r? P.O. Box 70884 Charlotte, NC 26272-0864 7264960 irririirrirrrirurnirriruirrrirriAirrirrirrurrirrirrnrrrn Account Number. 4862-3624-1230-0298 Please print address or phone number changes below using blue or black ink Home P70are A7ren0sre ohone fmvrr7adrlress ? #9018432443137936# MAIL ID NUMBER JILL E YAYRZONEK APT 5 62 Y MAIN ST nECNANICSSURG, PA 17055-6275 Please write you account number on your dtedc or money order made payable to Capital Dne Bk(USN,NA and mail with this coupon in the enclosed ernrelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. JILL E WAWRZONEK 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 hi /her knowledge, information and belief. Dated: Shawn Wood A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 0 FILED =?'cw OF THE F;^-,"A"O. TARY 2009 AUG 24 Ph 12: 0 9 cuts -„ * 78.50 PO Arl-/ 00 4aoLi(,,qq P:jr* ;t&Q(o51 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor OF "E ?-ERICF 2009 SEP - I PH 2, 17 Capital One Bank (U.S.A.) N.A. Case Number vs. Jill E. Wawrzonek 2009-5811 SHERIFF'S RETURN OF SERVICE 08/31/2009 12:20 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on August 31, 2009 at 1220 hours, she served a true copy of the within Complaint and Notice, upon the withir named defendant, to wit: Jill E. Wawrzonek, by making known unto herself personally, at Cumberland County Sheriff's Office 1 Courthouse Square Room 303 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: $55.00 SO ANSWERS, e0% August 31, 2009 R THOMAS KLINE, SHERIFF Rvku&*011(? y Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. JILL E WAWRZONEK Defendant No. 09-5811 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#07264960 Judgment Amount $ 3,636.1. 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 09-5811 CIVIL TERM JILL E WAWRZONEK Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, JILL E WAWRZONEK above named, in the default of an Answer, in the amount of $3,636.11 computed as follows: Amount claimed in Complaint $3,482.03 Interest from August 10, 2009 to October 29, 2009 at the legal interest rate of 24.90% per annum $154.08 TOTAL $3,636.11 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: 1? William T. Molczan, Esqui PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#07264960 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7U' Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 12 WALNUT LN, CAMP HILL, PA 17011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 09-5811 CIVIL TERM JILL E WAWRZONEK Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $3,636.11 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 JILL E WAWRZONEK 12 WALNUT LN CAMP HILL, PA 1.7011 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. JILL E WAWRZONEK Defendant Case no: 09-5811 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, JILL E WAWRZONEK 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, JILL E WAWRZONEK is not in the military service. Further Affiant sayeth naught. AFFIANT 3rd SWORN TO AND SUBSCRIBED in my presence this day of we /V1/1l a4o? . NO Y PUBL Ct)'V6911?ONWEArlAtlt)? '?t:h1Al5'vl:'va':F' ?'. Weynea A..icrr,5r,. N< rnr is y.iy - ;?1;,t,t'•1<txi?. ft! ?4;;,?f l' `'d;'h?'+?57 Sy .1unr^- i "010 Request for Military Steus Department of Defense :Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Oct-29-2009 06:42:06 Last Name FirstlNtiddle Begin Date Active Duty Status Active Duty End Date Service A gency WAWRZONEK JILL E 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). 14. Aaj fit 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.mil/faq/pis/PC09SLDR.htm1. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be 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.mil/appj/scra/popreport.do 10/29/2009 Request for Militarv Status Page 2 of 2 Mare it formation 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:LBVH78016F https://www.dmdc.osd.mil/appj/scra/popreport.do 10/29/2009 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. JILL E WAWRZONEK Defendant TO: JILL E WAWRZONEK 12 WALNUT LN CAMP HILL, PA 17011-6655 Date of Notice: --LD i LO 9 Case No. 09-5811 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 FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMAN, BERG & 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 7264960 N PIT H4P OF THE rr 2N9 NOV 17 AM 0 44 CUMBERLAND COUNTY KNOW" CK---d A304 It-f-