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
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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
,.
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+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