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Home My WebLink About09-8036 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. REBECCA RAMOS AKA REBECCA L RAMOS Defendant No: DQ -,%3 ?- ( 1.?Lc- ? COMPLAINT IN CIVIL ACTION 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 07492664 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 REBECCA RAMOS AKA REBECCA L RAMOS 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: REBECCA RAMOS 240 W RIDGE ST CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX4435 . 4. Defendant made use of said credit card and has a current balance due of $1764.76 , as of October 26, 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 24.400% per annum on the unpaid balance from October 26, 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 , REBECCA RAMOS , individually , in the amount of $1764.76 with continuing interest thereon at the rate of 24.400% per annum from October 26, 2009 plus costs. James'c. Warmnrout,42524 WELTMAN EINBERG & REIS CO., L.P.A. 436 Se th Avenue, Suite 1400 Pittsb r h, PA 15219 (412) 4 4-7955 FAX: 2-338-7130 0749 64 C N Pit KMJ This law firm is a debt collector atte*ting to collect this debt for our client and any information obtained will be used for that purpose. FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date C$818.90 - $100.00 + $9.97 I. C$130.95 D= $859.82 $25.00 Mar. 17, 2008 Jan. 22, 2008 - Feb. 21, 2008 Page 1 of 1 PLEASE lw AT LEAST THIS WIDLIT Visa Platinum Account 48823e 1 185 8 4 43 5 QIA?!Hassk Your Accountlnformation REWARDS TOTAL CREDIT LINE $1,000.00 TOTAL AVAILABLE CREDIT $140.16 CREDIT LINE FOR CASH $1,000.00 AVAILABLE CREDIT FOR CASH $140.16 inane Charges (Please see reverse for important information) Balance rate Periodic CorrespDncirg FINANCE applied to rate APR CHARGE Purcteses 584470 007809% 13.90% 59.97 Cash SO 00 0,05425% 19 80% 97.00 ANNUAL PERCENTAGE RATE applied this period: 13.913. Q At YourServke 1 T070 To and Customer Rethors or m repxt a bst or ;I cad 0 Sad payments m: Czptai One Berk • P D B= 70684 - rnabEte, roc M724e84 Sad Inquiries tD: CgAW 0re• P 0 Bak 30285 • Sd L" City, UT 84130-M Afflk For More Inrormatlon on your Rewards: Vsrl ~ caprlabremrNpontsrewads Cat 1-M2ffi30D1 ® Have a question about a charge on your sfatemat? Please refer to the Billing Rights Summary on the back of your statement or visit www.aoilabne.oan/dsoutes Rewards Summaw Previous available balance 1,111 Earned this pemd 393 (refkctcininm au posted dung this burgcp6) Available Balance 1,504 Payments, Credits & Adjustments 1 15 FEB DIRECT DEBIT PAYMENT 5100 00- Transactions 2 09 FEB THE NEIA STORE 866SHOetdBA PA 580.95 3 16 FEB HStrODM 446061873 3DF5 870-9332887 FL 550 W PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO W WW.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE 4?P?a/017G° wnars,?;m?rwanee,.. 0 4862362318564435 21 0859820100000025003 New Balance Minimum Payment Due Date $859.82 $25.00 Mar. 17, 2008 PLEASE PAYAT LEAST THISAMOUNT Amount Endosed Capital one Bank P.O. Box 70884 ?r?rr???rrr?rrr??rrr?? Charlotte, NC 26272-0664 7492664 iErirurrirrrirnrrrirriruirrrirririnirrirrurrinirrurrrn Account Number. 4862-3623-1856-4435 Please print address or phone number changes below using blue or black ink None Photo Altemare Pf orw E- ai7addmm O #9005341207994512W MAIL ID NUMBER REBECCA RAMOS 2071 RITNER HWY CARLISLE, PA 17DIS-9303 rnIIIrnIIInnn11r1111111nn11r11rrIf IIIInr1rn11Er Please write your account number on your check or money order made payable to Capital One Bank and mail wkh this coupon in the enclosed emelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. REBECCA RAMOS 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: Uk3gjC?:n Wandi Glover A049 WELTMAN, WEINBERG & REIS CO., L.P.A. ( Dl? OF pH PIRIUTICE - ? TARY 1009 NOY 19 AM 8: 33 4 7e. sd?cL Alkj C(fi? 1321;zyy R?"' d- 3 37LC) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor Capital One Bank (U.S.A.) N.A. vs. Rebecca L. Ramos y~n~tt~, c~ u~llutt~,~t o ~~r~ . ~ . ~ ~;I~~ Q~ 'Ij~~Tir~'~~A~Y g8t0 M{1'f 12 ~ ~t ~~ ~B~`~ ~f . .~~' Case Number 2009-8036 SHERIFF'S RETURN OF SERVICE 05/07/2010 09:24 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May 7, 2010 at 2118 hours, he served a true copy of the within Complaint and Notice upon within named defendant, to wit: Rebecca L. Ramos, by making known unto Nathan Brantley, Hu a d of defendant at 428 1st Street, Carlisle, Cumberland County, Pennsylvania 17013 its co nts an at a same time handing to him personally the said true and correct copy of the same. /~ S SHERIFF COST: $38.80 May 10, 2010 DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF r,, CruniySuite $nenft. Te~ecs:;tl. Ins. F1x ~.~ . , 2~1~1.~s~ 2~ ~'3 ~:~ ~~ C'~,r .'~~~° IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. REBECCA RAMOS AKA REBECCA L RAMOS Defendant No: 09-8036 CIVILTERM 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 07492664 C N Pit NPE Judgment Amount $1997.64 ~~ ~/~I dd ~4s~1 f lv~r~,ib`~~l~ ~~ ~/US3a3Q ~ ti IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 09-8036 CIVILTERM REBECCA RAMOS AKA REBECCA L RAMOS PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendant REBECCA RAMOS AKA REBECCA L RAMOS above named, in the default of an Answer, in the amount of $1997.64 computed as follows: Amount claimed in Complaint $1764.76 Less payments / adjustments made $0..00 Interest on the remaining principal balance of $1439.51 from October 26, 2009 to June 25, 2010 ~ the interest rate of 24.4000 per annum $232.88 Attorney's fees $0.00 TOTAL $1997.64 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. 07492664 ICON Pit NPE Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite .1400 Pittsburgh P 15219 And that the last known address of the D f dant is REBECCA RAMOS AKA REBECCA L RAMOS 428 1ST ST CARLISLE, PA 17013 E IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 09-8036 CIVILTERM REBECCA RAMOS AKA REBECCA L RAMOS NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order of Judgment was entered against you on ~jQ (xx) Assumpsit Judgment in the amount of $1997.64 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: ~ ~ REBECCA RAMOS AKA REBECCA L RAMOS 428 1ST ST CARLISLE, PA 17013 Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. REBECCA RAMOS Civil Action No. 09-8036 CIVILTERM NON-MILITARY AFFIDAVIT The undersigned, who first 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 REBECCA RAMOS AKA REBECCA L RAMOS is not in military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMSC), which states that the DMDC does not possess any information indicating the individual status. REBECCA RAMOS AKA REBECCA L RAMOS 428 1ST ST CARLISLE, PA 17013 is not in the military service. Further Affiant sayeth naught. 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 Jul-21-2010 08:12:54 < Last Name FirstJMiddle Begin Date Active Duty Status Active Duty End Date Service Agency RAMOS REBECCA Based on the information you have furnished, the DMDC does not possess L an information indicatin the individual status. Upon seazching 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 Guazd). ~~. ~,-~- 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 Gaze 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 aze 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~is/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 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 7/21/2010 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:A7917G4RKQ https://www.dmdc.osd.miUappj/scralpopreport.do 7/21/2010 ,_ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK {USA),NA Plaintiff vs. REBECCA RAMOS AKA REBECCA L RAMOS Defendant TO: REBECCA RAMOS 428 1ST ST CARLISLE, PA 1701//3__ ,t /^~ Date of Notice: CQ `1 4 Case No. 09-8036 CIVILTERM III PORTANT 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) 249-3165 WELTMAN, t1~8ERG &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 7492664 N PIT G4B