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HomeMy WebLinkAbout10-0298OF THE POX, P9<0TARY 2010 JAN I I PPS 12: 18 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: 10 - 8195 (,V<< vs. COMPLAINT IN CIVIL ACTION JAMES G NANCARVIS 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 07806612 C N Pit KMJ ?,-r s9a3oayl?3ga3?3 d3lo oRd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No JAMES G NANCARVIS 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: JAMES G NANCARVIS 6325 CHESTERFIELD LN MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX8523 . 4. Defendant made use of said credit card and has a current balance due of $3168.64 , as of December 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 23.1000 per annum on the unpaid balance from December 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 , JAMES G NANCARVIS , individually , in the amount of $3168.64 with continuing interest thereon at the rate of 23.1000 per annum from December 10, 2009 plus costs. fames WELTM 436 S Pitts (412) FAX: 0780 This law firm is a debt collector attemn our client and any information obtained i.l War ro ,42524 WEINBERG & REIS CO., L.P.A. th Avenue, Suite 1400 ?, PA 15219 -7955 338-7130 C N Pit KMJ to collect this debt for be used for that purpose. FINANCE Previous Balance Paymients & Credits CHARGE Transactions New Balance Mirdmran Payment Due Date C$1,695.43 - $50.00 D * $15.91 + $175.41 = $1,836.75 $55.00 Aug 11, 2008 Jun. 18, 2008 - Jul. 17, 2008 Page 1 of 1 ` Ursa Platinum Account 48923BM410t Your Accent Information TOTAL REVOLVING CREDIT LINE $1,800.00 TOTALAVARABLE REVOLVING CREDIT $000 CREDIT LINE FOR CASH $1 AM 00 AVAILABLE CREDIT FOR CASH $000 Inane Char JES (Please see reverse for important mlomretun) Balance rate Pemdic Gweslxxrdng FBIANCE applied to rye APR CNARGE Purchases $1,13971 004MM P 15.90% $1489 Cash $0.00 0.05720% P 20.9D% $0.00 Specelirars $62449 0.00545% 199% $102 ANNUAL PERCENTAGE RATE applied this period: 10.8216 At YourSerrke 14004033677 To cal Dsbner ljbaorsorb report a last or *tn oad 0 Said psyrrrerds to: Carnal De 914")* • r 0 Bx 70884.Owbhte, NC 28272-0884 0 Send I.xp* to: Qtpild ore P 0 Box 36285 - Sit Ldm City. Ur 841360185 ® Have a question about a charge on your statement? Pie refer to to Bdirg Rights Summarym the beck d your statement or vsd www.ceribloneomtdacLites PEASE PAY PJ LEAST TH!5 AMDLM "Important NOUD Your awash was past due Under tie terms we pre, p disclosed b you, if your account is past due again in the next 12 billing cycles, your Annual Page Rates (APRs) may ncrewe Payments. Credits dr Adius tmeMs 1 17 JUL CAPITAL ONE ONLINE ACH PA A"aate 15J UL 350,04 Transadlone 2 25 JUN AUTOZOtdE #1953 MCHANICSBURG PA $19D7 3 2B JUN CREMCrS VARIETY OU MECHANICSBURG PA $2204 4 28 JUN WAL-MART #1886 MECHINICSBLR PA $38.68 5 12 JUL PAST DUE FEE $3900 6 17 JUL PAYMENT PROTECTION i$8SWaD4 $1762 7 17 JUL OVERUMIT FEE JUL 12, 2008 $39.00 You were assessed a pest due fee because your msamum patmrerf was not received by the der data To word tits fee n the it", we recommend that you atbw at least 7 busrtess days for yaw mnrrnrsn payment to reach Capital One Whether ya'ne in the market for a home equity ben or yahe interested n efarara g, Capital One will find a Mnre ben solubon to fit your needs We offer great rates, no W;bn fees, and you wit m me to crle4n-on8 attention of the, same personal ban carsmdlant from cal tD dose Veit www c aptabne1 orne1oans.corn for more nfamatm BIT PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO VWWV.CAPITALONE.COM TO MAKE YOUR PAYMENT ONUNE C"Y11°lJfte' whatrs,ny--IiW New Balance Minimum Payment Due Date $1,836.75 $55.00 Aug. 11,2008 rIU r,nrv?ni Amount Endosed C? Capital One Bk(USA),NA ?n?rl?Ir?r?rl?r?r?r1?? P.O. Box 70884 ?l Charlotte, NC 26272-0684 7806612 illilnrlil,Illnrrllrriruilllillilillilrilllilllrrilrillrlii ?8523 17 1836750050000055001 Account Number. 41862-3624-0059-8523 Please print address or phone number dwrges bekw using blue or blade irk Flame Phone Aftowse Phan E17el7addieST O #9020098611522658# MAIL ID NUMBER JAMES G NANCARVIS 6325 CHESTERFIELD LN MECHANICSBURG, PA 17050-2621 I IIIIIIII IIIunIrIIIIrnrr1r llnl /111111111 111h IIIII III Please write your account number on your died( or money order made payable to Capital One Bk(USA),NA and mail with this coupon in the endosed envelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. JAMES G NANCARVIS 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 o ;her knowledge, information and belief. Dated: Shawn Wood A049 WELTMAN, WEINBERG & REIS CO., L.P.A. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~~,~,et~ of ~;runGrr/~~t d 9 R ~ {'; ~FFCF,^,c rH~ ~...cp11F€ [~, ~ r~.-~n Y 'it- lit- ~ ~ ~;aQ Jody S Smith Chief Deputy Edward L Schorpp Solicitor Capital One Bank (U.S.A.) N.A. vs. James G. Nancarvis 2~f0 J~P~ Za ~;i'1 ~6~ 0 ~ ~. Case Number 2010-298 SHERIFF'S RETURN OF SERVICE 01/21/2010 03:51 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on January 21, 2010 at 1551 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: James G. Nancarvis, by making known unto himself personally, at 6325 Chesterfield Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 January 22, 2010 SO SW ~2~INY R ANDERSON, SHERIFF ~' ~ -_ -~ Deputy Sheriff (ci CaurtySuite SFerf[ ieeoso'i. Inc. ~„ ~F t-ir ~'~ ~ ~ . 2~l0 si~i; 2:J X11 i~~ ~~ PL.~ ~I: J f.. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. JAMES G NANCARVIS Defendant No: 10-298 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & R.EIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07806612 C N Pit NPE Judgment Amount $3365.80 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 10-298 CIVIL TERM JAMES G NANCARVIS PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendant JAMES G NANCARVIS above named, in the default of an Answer, in the amount of $3365.80 computed as follows: Amount claimed in Complaint Less payments / adjustments made Interest on the remaining principa $2756.91 from December 10, 2009 the interest rate of 23.1000 Attorney's fees TOTAL $3168.64 $0.00 1 balance of to April 02, 2010 per annum $197.16 $0.00 $3365.80 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 & R.EIS CO., L.P.A. By: James C. 07806612 C ~ Pit NPE Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, 15219 And that the last known address of the De dant is JAMES G NANCARVIS 6325 CHESTERFIELD LN MECHANICSBURG, PA 17050 ~ I'(•. oo P4 RT'M C~c~' Masao ~~ aya'18(o ~cCe, ~C~.~t~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. JAMES G NANCARVIS Civil Action No. 10-298 CIVIL TERM 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 (xx) Assumpsit Judgment in the amount of $3365.80 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: JAMES G NANCARVIS 6325 CHESTERFIELD LN MECHANICSBURG, PA 17050 Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. JAMES G NANCARVIS Civil Action No. 10-298 CIVIL TERM 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 JAMES G NANCARVIS 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 th.e individual status. JAMES G NANCARVIS 6325 CHESTERFIELD LN MECHANICSBURG, PA 17050 is not in the military service. Further Affiant sayeth naught. SWORN TO AND SUB~C IBED in my presence this ~, day of ~~~ COMMONVUEALTFI OF PENNSYLVANIA ~- N tao~rial Seal ~~ Wendy L. (3autt. Notary Public City of E'Itteburgh, Allegheny County M Conxnleaion Ex ree Jul 15, 2010 am annay wan r at an tdcs.firo ,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 Apr-06-2010 11:33:06 ~: Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency NANCARVIS JAMES G 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 d.e.fenselnk.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 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 >ervice SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 4/6/2010 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 thf; 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:4RG292AODU https://www.dmdc.osd.mil/appj/scra/popreport.do 4/6/2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. JAMES G NANCARVIS Defendant TO: JAMES G NANCARVIS 6325 CHESTERFIELD LN MECHANICSBURG, PA 17050 Date of Notice: ~J~~~-'-t-`- Case No. 10-298 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 70 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,}Po'E~INBERG &REIS CO., L.F'.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 7806612 N PIT G4B Y eS Chad J. Julius The Law Offices of Leslie D. Jacobson Attorneys for the Defendant 8150 Derry Street, Ste. A Harrisburg, PA 17111 - 5260 717.909.5858 717.909.7788 (fax) CAPITAL ONE BANK (USA), N.A. Plaintiff v. JAMES G. NANCARVIS 6325 Chesterfield Lane Mechanicsburg, PA 17050 Defendant ,. ~ ~ i..,L_ _, .; . +9~vlr N ~N~ ~ p :,{~ r . , ~~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA : No. 10-298 CIVIL TERM CIVIL ACTION -LAW PRAECIPE TO ADD TO THE PROTHONOTARY OF SAID COURT: Please add the attached Discharge in Bankruptcy to the above captioned case and mark the Judgment Discharged in Bankruptcy. Thank you. Respectfully Submitted, THE LAW Dated: f~ Z- ~~ - ~~--- i,aw Offices of Leslie Davi,. 8150 Derry tree;t ~Iarrisburg,t' A_ ~ 7111.52~~0 717.909.5858 717.909.7788 [fax) AVID JACOBSON Debtor lJacobson B18 (Official Form 18) (02/09) UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA In re: Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, and trade): James G. Nancarvis 6325 Chesterfield Lane Mechanicsburg, PA 17050 Chapter 7 Case No. 1:10-bk-03276-MDF Last four digits of Social-Security, Individual Taxpayet~Identification, Employer Tax-Identification No(s)(if any): xxx-xx-7223 DISCHARGE OF DEBTOR(S) It appearing that the debtor(s) is entitled to a discharge, IT IS ORDERED: The debtor(s) is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code). BY THE COURT Dated: July 2 .2010 Mary D. France United States ]3ankruptcy Judge SEE THE BACK OF THIS ORDER FOIL IMPORTANT INFORMATION. This document is electronically signed and, filed on the same date. Case 1:10-bk-03276-MDF Doc 12 Filed 07/29/10 Entered 07/29/10 01:01:30 Desc Ch 7 Discharge Page 1 of 2 B18 (Official Form 18) (02/09) Continued EXPLANATION OF BANKRUPTCY DISCHARGE IN A CHAPTER 7 CASE 'This court order grants a discharge to the person named as the debtor. It is not a dismissal of the case and it does not determine how much money, if any, the trustee will pay to creditors. Collection of Discharged Debts Prohibited The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, a creditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wages or other property, or to take any other action to collect a discharged debt from the debtor. [In a case involving community properry.• There are also special rules that protect certain community property owned by the debtor's spouse, even if that spouse did not file a bankruptcy case.) A creditor who violates this order can be required to pay damages and attorney's fees to the debtor. However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, against the debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case. Also, a debtor may voluntarily pay any debt that has been discharged. Debts That are Discharged The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but not all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case was begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to debts owed when the bankruptcy case was converted.) Debts That are Not Discharged Some of the common types of debts which are 1145 discharged in a chapter 7 bankruptcy case are: a. Debts for most taxes; b. Debts incurred to pay nondischargeable taxes; c. Debts that are domestic support obligations; d. Debts for most student loans; e. Debts for most fines, penalties, forfeitures, or criminal restitution obligations; f. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle, vessel, or aircraft while intoxicated; g. Some debts which were not properly listed by the debtor; h. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged; i. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in compliance with the Bankruptcy Code requirements for reaffirmation of debts; and j. Debts owed to certain pension, profit sharing, stock bonus, other retirement plans, or to the Thrift Savings Plan for federal employees for certain types of loans from these plans. This information is only a general summary of the bankruptcy discharge. There are exceptions to these general rules. Because the law is complicated, you may want to consult an attorney to determine the exact effect of the discharge in this case. Case 1:10-bk-03276-MDF Doc 12 Filed 07/29/10 Entered 07/29/10 01:01:30 Desc Ch 7 UiScharge Page 2 of 1 CAPITAL ONE BANK (USA), N.A. Plaintiff v. JAMES G. NANCARVIS 6325 Chesterfield Lane Mechanicsburg, PA 17050 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 10-298 CIVIL TERM CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, Elizabeth Rhoades, paralegal with the Law Offices of Leslie David Jacobson, hereby certify that on August 2, 2010, I have served a copy of the attached Discharge in Bankruptcy on the following parties via first-class postage pre-paid. Mr. James C. Warmbrodt Weltman, Weinberg & Reis Co., L.P.A. 436 Seventy Avenue, Suite 1400 Pittsburgh, PA 15219 Mr. James G. Nancarvis 6325 Chesterfield Lane Mechanicsburg, PA 17050 Q,~'~.~,~. ~GC!~~ Eli th Rhoades, Paralegal The Law Offices of Leslie David Jacobson 8150 Derry Street Harrisburg, PA 17111