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Home My WebLink About09-8346• r v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA / Plaintiff No: 69, CV-3 ?(o Gey?vs. KENNETH E ROSS AKA KENNETH ROSS COMPLAINT IN CIVIL ACTION 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 07714320 C N Pit KMJ v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No C KENNETH E ROSS AKA KENNETH ROSS 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 ages, 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: KENNETH E ROSS 221 SUSQUEHANNA AV ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX3042 . 4. Defendant made use of said credit card and has a current balance due of $20634.09 , as of November 13, 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 23.100. per annum on the unpaid balance from November 13, 2009 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 111" 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 , KENNETH E ROSS , individually , in the amount of $20634.09 with continuing interest thereon at the rate of 23.100% per annum from November 13, 2009 plus costs. fames u. rmnroat,42524 WELTMAN, INBERG & REIS CO., L.P.A. 436 Sev n Avenue, Suite 1400 Pittsb rg PA 15219 (412) 3 -7955 FAX: 1 -338-7130 0771 C N Pit KMJ This law firm is a debt collector attemp)Vng to collect this debt for our client and any information obtainedt(Nill be used for that purpose. FINANCE Previous Balance Payment 8 Credks CHARGE Trannactlorts New Balarax Minin1(an Payment Due Date C$15,501.74 - $460.00 + $323.35 + $88.00 = $15,453.09 $1,031.00 Sep. 30, 2008 Aug. 06, 2008 -Sep. 05, 2008 Page 1 of 1 Visa PIWm n Account 4300 a$4074M Your Account lnbmwMon TOTAL CREDIT LINE $15,000.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $3,000.00 AVAILABLE CREDIT FOR CASH $0.00 Mallee Charges (Please see reverse for vrpmW information) Batenos rate Pemdc Oonaspvock g FINANCE 4pled to zde APR CHARGE Pu hoses $15,28956 0.06822% D 2490% SM.35 Cash $000 0.06eM D 24.90% $0.00 ANNUAL PERCOUAGE RATE a pled this period: 24.90% Zftl AtYowSuvim-oobwww.cmbbmambmrspeyoLrw= t, or Qnt 144 c65-M7D b report o bst agb6n cad a Wua%b QzbW RaNiorc ® PaYOrdnod ormdwpwrArdt CaPW One Be* VA), NA • P 0 Bak 70994 • Qabtb. NC 20272-0894 Sad Yapiks 10: COPW Orrr P 0. EbK 30295 -Set We CRY, Ur 84130-0795 ® Nave a question about a charge on yorr sd wm t7 Please refer lo file Biing RgMs Summery on the beck d yo r statement or vat KEME PAY AT (FAST TH5A%40LW Yot(re behrd by one payment Remember that paysy the nmmun payment by the we dote keel your aomut current So rake sure you send in the mrsnun payment m keep you accent amen. Payments. Credits do Ad usbnerlts 1 11 AUG Cap 1 Eleclrar:PfnnaPmt Au00ate i W(UG $460.4 TransaWons 2 11 AUG CAPITALPAY TRAPWTIONFEE 5000 3 30 AUG PAST DUE FEE $3D.OD 4 05 SEP WERL IMIT FEE SEP 05, 2008 $39,00 Under terms Revnusty dedoeed lo you, some or all of your knual Percerr W Rates (APRs) have been increased shoe your wmA was past due twice in the pest 12 burg vrJe3 tfyour rates have already rcreasei, wbeaQren dafrquenaes Wended the dram of the ncre®ad rates Rzrtbrtber If we reome your mranum m DN* payment on We for 12 consecutive birg cycles, this account wi be reviewed for a poesble rftn to your Nonhtrod Tory APR Your account has gore over is credit tint To avod additional medirnit fees, please pay ern o to brig yar balarm below your aedd brat mmedelely, and make sue you reman below your credit krnd Please be sure to account for any hAre purchases, fees, and bvnm charges You were assessed a past d)e lee bemuse your maaram paynran was not remied by the in date To mod the fee in the ful re, we recormna d that you allow al least 7 busness days for your mrrmurn payment to reach C XW One I PLEASE RETURN PORTION BELDW WITH PAYMENT OR LOG ON TO NNYVII.CAPRALONE.COM TO MAKE YOUR PAYMENT ONLINE Capft Vr7e, W's m your -IW " New Balance Minkrptm Payment Due Date C$15,453.09 $1,031.00 (Si. 30, 2008 PLEASE PAY AT LEAST THISAMOUNT Amount Endosed C? 0 4305722500773042 05 0000000460001031004 Capital One Bank (USA), N.A. P.O. Box 70884 Charlotte, NC 28272-n884 7714320 Illllllllllrll'Illll'llllllllllllllllllllllllrll'I'IIIII'I11I1'll Account Number.. 4305-7225-0077-3042 Please print address or Phone number changes below usng bare or black irk How Prime A7Mn" Ph" #9025035513627362# MAIL ID NUMBER KENNETH E ROSS 2717 HIGH ST GRANTHAM, PA 17027 Irrll?rrdllrnhllnlllllhllhlll?rlhhullll?IlldlrrPhl6 Please write your account number on your payment made payable to Capital One Bank (USA), NA and mail with the coupon in the endwed envelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. KENNETH E ROSS Defendant(s). VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn 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: Sierra Fenner A049 WELTMAN, WEINBERG & REIS CO., L.P.A. D 1-17 Fill 2G? G C - ; Ail1' 4/3 Sq 7 W F y3 5-9' 7 F? a ,, r~~-2 F~1 1~ Ib .{~ yF~ ~r~G~=i...~ ~u COFUNTY p~~.sSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. KENNETH E ROSS Defendant(s) No. 09-8346 CIVIL PRAECIPE TO REINSTATE COMPLAINT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Lyndsay E Rowland, Esquire PAID #205520 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Buidling 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7714320 NPE ~ I o. oO Po ATh/ e'~ g0~78~f38 e,# ail ~~/ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 09-834b CNIL KENNETH E ROSS Defendant(s) PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. WELTMAN,J~EINBERG & REIS CO., L.P.A. By: Lyndsay E wlan , .squire PA ID #20 20 WELT , WEINBERG & REIS CO., L.P.A. 1400 Koppers Buidling 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR #7714320 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Capital One Bank (U.S.A.) N.A. vs. Kenneth E. Ross Case Number 2009-8346 SHERIFF'S RETURN OF SERVICE 09/14/2010 02:59 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on September 14, 2010 at 1459 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kenneth E. Ross, by making known unto himself personally, at 2717 High Street, Grantham, Cumberland County, Pennsylvania 17027 its contents and at the same time handing to him personally the said true and correct copy of the same. ICHAEL BARR CK, EPUTY SHERIFF COST: $37.90 September 15, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF wN _n --t -cc 71"l F _' ' C7 r i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. KENNETH E ROSS Defendant No. 09-8346 CIVIL PRAECIPE FOR DEFAULT JUDGMENT f t FILED ON BEHALF OF -'-; Plaintiff - COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, ESQUIRE PA I.D. #42524 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR# 7714320 Judgment Amount $ 25,191.62 414.00 PO ATW tv? as?i?s Nie Uatw IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 09-8346 CIVIL KENNETH E ROSS Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, KENNETH E ROSS above named, in the default of an Answer, in the amount of $25,191.62 computed as follows: Amount claimed in Complaint $20,634.09 Interest from November 13, 2009 to October 28, 2010 at the interest rate of 23.100% per annum $4,557.53 TOTAL $25,191.62 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. W rodt, ESQUIRE 4 PA II Welerg & Reis Co., L.P.A. 140wilding 436 venue Pitts15219 (4125 20 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7`" Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 2717 HIGH ST., POB 9 GRANTHAM, PA 17027 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. KENNETH E ROSS AKA KENNETH ROSS Defendant Case No. 09-8346 CIVIL IMPORTANT NOTICE TO: KENNETH E ROSS 2717 HIGH ST POB 9 GRANTHAM, PA 17027 Date of Notice: 0 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) 2411-3186 WELTMAN, WEIWWG & REIS CO., L.P.A. By: °. 4 or 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 7714320 N PIT M4G IN THE COMMON PLEAS COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. KENNETH E ROSS Defendant Civil Action No. 09-8346 CIVIL NON-MILITARY AFFIDAVIT 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, KENNETH E ROSS 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: KENNETH E ROSS 2717 HIGH ST POB 9 GRANTHAM, PA 17027 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 unworn falsification to authorities. Request for Military Status Department of Defense Manpower Data Center 10 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Nov-02-2010 07:59:56 < Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency ROSS KENNETH Based on the information you have furnished, the DMDC does not possess E 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 hitp://www.defensehnk.mil/*/pis/PC09SLDR.htm]. 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 11/2/2010 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:684I3VH14F https://www.dmdc.osd.mil/appj/scra/popreport.do 11/2/2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. KENNETH E ROSS Defendant KENNETH E ROSS 2717 HIGH ST POB 9 GRANTHAM, PA 17027 Civil Action No. 09-8346 CIVIL NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment wa entered against you on 1 i S (xx) Assumpsit Judgment in the amount of $ 25,191.62 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 Protho tart' By: PRO ONOTARY (OR PUtV? 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