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Home My WebLink About10-0518 a 20101AN 12 1r. i ?. ;.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: (D ?iv1l-Zrh vs. TIFFANY A ABRAMSON 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 07547246 C N Pit KMJ .?ga.Co Pp AITy C4# a7a35,10 VT* aZ4 -7 1/ COMPLAINT IN CIVIL ACTION Defendant FILED ON BEHALF OF Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No TIFFANY A ABRAMSON 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: TIFFANY A ABRAMSON 66 N OLD STONEHOUSE RD CARLISLE, PA 17015 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX5146 . 4. Defendant made use of said credit card and has a current balance due of $3313.13 , as of September 19, 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 23.900% per annum on the unpaid balance from September 19, 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 , TIFFANY A ABRAMSON , individually , in the amount of $3313.13 with continuing interest thereon at the rate of 23.9000 per annum from September 19, 2009 plus costs. James C. a ro t,42524 WELTMAN, WE NBERG & REIS CO., L.P.A. 436 Sev th Avenue, Suite 1400 Pittsbu gh, PA 15219 (412) 34- 955 FAX: 4 2- 8-7130 07547 46 C N Pit KMJ This law firm is a debt collector attempttZg to collect this debt for our client and any information obtained will be used for that purpose. Previolts Balance Payments & Credits FINANCE CRARCE Trarvoctionis New Balance Mirrmurn Payment Due Date 0,526.65 - $0.00 * 1 $53.07 $78.00 = $2,657.72 $476.00 Dec. 12, 2008 Oct. 18, 2008 - Nov. 17, 2008 Page 1 of 1 a ?e?.e. or ? cncr „as ua'u,ur 7547246 rd Phtinurn Account 517845M1793.6118 Your Account Information TOTAL CREDIT LINE $2000.00 TOTAL AVAILABLE CREDIT $100 CREDIT LINE FOR CASH $1,500.00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please see reverse for mportant mtorrm ) Balancerate Peradc CwespDnddg FINANCE applied to rate APR CHARGE Purchases $1,02440 0066B5%D 2440% $2173 Cash $1,536.57 0,056B9fb D 2440% 531.84 ANNUAL PEROWAGE RATE Wpkd Utls period: 24.40% At YourSerrke-Gobnswrsmilabrrmmbmahegs)areoca+R a Cat 1EOD-9033p7 b resod a bA a smYbrh tad ar speck b Qab? Relalorrs ® Pay Onlro at www,w4vbw,=normaIWph whip: Cgael One Bak (USA), NA • P 0 Ica T11083. Outtb, NC 8272-1083 A Send Mquiries to: capital Ore-P0 Bm3lTtl5-SetLawCity, Ur$413UM ® Have a gums n about a charge on yarn sadmneW Please refer to to Boling Rghls Summery on the beds d you stalement or vst YoUre befit hid by sac payments If we charge Off Your account de to Iate or missed Payments, fnam charges will continue to accrue Ad now to prevent this from happening please pay the mrr um payinent amount on you staLement or give us a cal at 1 BOD 955 650D We're here to help Take control of your credl with Capital One -Important Now, ` Under the terms we previously disclosed to you, you account r now ekgi* for an increase in Annual Percentage Rates (APRs) effecWe immediately However, Capital One has eluted not to rare your APRs ad this time Please be adored ttmt d you fed to keep you accourt in good starring, Capital One reserves the right to ram you APRs in the future Payments Credits & Adiusprtertts -- Transactim 1 11 PXN PAST DUE FEE SROD 2 17 NOV OVERLIMIT FEE NC0V 17,2X8 S3900 You account has gore over ft crack fmd. To avoid add" am" fees, you should pay more than the Mrvmum Payment Please pay enough to bring your account balance below your credit limit mmediwely, and melte sue you accord bdaroe remens below you tract limit. Please be sure the amount you pay accounts; fa any future purGases, (ties, and ftnnce charges You were assessed a pest de fee because you miriaum payment was not recaved by the de Cute To awod this fee in the future, we rawrtmand that you alow at least 7 business days for your minimum payment lo reach Capital One PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO Account Number. 51783-0573-1293-5146 Due Date New Balance Minimum Payment Amount Enclosed (D12 2008 $2,657.72 ( $478.00 _ PAY AT LEAST THIS AMOUNT W W WCAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE 55146 17 2657720055000478002 Lend a hand. Save the land. Manage your account online today- it's fast, easy and secure. Pay online anytime-no moee,Awl s, stamps or clutter Q Moving? Change your address online or on the hack ® Help save the planet Go paperless #90324304239087910 O sign up at wwwcap,talone corn TIFFANY A ABRAMSON 1417 CREEK RD Capital One Bank (USA), N. A. BOILING SPRINGS, PA 17007-4656 Box 11Q- P.O. fharlaiaae 4fGjW72-1U1)3 I?wrvNlhhlNrM+?rnlllhrhhrrrlrlhdrlllhhhflrh IdliPrlllh?uhlrlrhlPl"rlhltr?llrlrlllrll??llldhl?lnl Mease mike chador 2ai(able to Capital One Bank (US IT" with this MkWri in the ertdalodanvebpe. MIIAR A TIWin I HM a PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. TIFFANY A ABRAMSON 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: Ottis Coward A049 WELTMAN, WEINBERG & REIS CO., L.P.A. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor 4*??5??' tl( cumbr'f411 ? 4 nFFtC e OF t 4 0F THE KO NOW 2010 FEB -3 I'M 1: 04 PDMWANIA Capital One Bank (U.S.A.) N.A. Case Number vs. 2010-518 Tiffany Ann Abramson SHERIFF'S RETURN OF SERVICE 01/27/2010 04:02 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on January 27, 2010 at 1602 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Tiffany Ann Abramson, by making known unto herself personally, at 66 N. Old Stone Road, 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: $38.80 January 28, 2010 tci Gou ysuite sherff. Te!eosott. Inc. SO AN ERS, O NY R ANDERSON, SHERIFF Deputy eriff ~~ ~~'~y i f ~I L:_[~l,t' l JS'tit ~~~ ~p ZI14~ A~ ~~ 2G ~~ 10~ ~ 4 Y/~11.~L.: :L:~1~ iL.~ ~ V V' . I ~ r ~ r~v4V;~~ ~;r"a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs TIFFANY A ABRAMSON Defendant No: 10-518 CIVIL TERM 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 07547246 C N Pit NPE Judgment Amount $3677.13 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 10-518 CIVIL TERM TIFFANY A ABRAMSON PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendant TIFFANY A ABRAMSON above named, in the default of an Answer, in the amount of $3677.1.3 computed as follows: Amount claimed in Complaint Less payments / adjustments made Interest on the remaining principal $2807.59 from September 19, 2009 @ the interest rate of 23.9000 Attorney's fees TOTAL $3313.13 $0.00 balance of to April 05, 2010 per annum $364.00 $0.00 $3677.13 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. rmbrodt,425 0754724 N Pit NPE Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsbur PA 15219 And that the last known address of the Defendant is TIFFANY A ABRAMSON 66 N OLD STONEHOUSE RD CARLISLE, PA 17015 ~l~.oo P~ p`T'y e~~' ~a a~8 i?'~ a4o~8'] ~Johce I~Ia~cP IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 10-518 CIVIL, TERM TIFFANY A ABRAMSON NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (XX) Defendant ( ) Garnishee You are hereby notified that th ollowing Order of Judgment was entered against you on ~ ~jp (xx) Assumpsit Judgment in the amount of $3677.13 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: TIFFANY A ABRAMSON 66 N OLD STONEHOUSE RD CARLISLE, PA 17015 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. Civil Action No. 10-518 CIVIL TERM TIFFANY A ABRAMSON 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 TIFFANY A ABRAMSON 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. TIFFANY A ABRAMSON 66 N OLD STONEHOUSE RD CARLISLE, PA 17015 is not in the military service. Further Affiant sayeth naught. SWORN TO AND SUBS ~~ day of NOTARY PUBL in my presence this ~'O~~ONWEALTH OF PENNSYLI/ANIA NotaHal Beal ~"'~ Wsndy 1°. beW~, Note P E CITY ~ Pittsburgh, All N lrblic egMny Coon r . ~~~ ~e Commisa, ~ i Alres dul 15, 2071p ~E~ enns soclatkm oi' Na,4arf~~ 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 10:45:47 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency ABRAMSON TIFFANY Based on the information you have furnished, the DMDC does not possess A 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). rte r~ ,~«i,-a~,.- 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) (SC12A) (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.html. 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.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 a0 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 catego~7es of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty sunder 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:3RFNH3R45M 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. TIFFANY A ABRAMSON Defendant To: TIFFANY A ABRAMSON 66 N OLD STONEHOUSE RD CARLISLE, PA 17015-x9785 Date of Notice: ~ ~t ~~ Case No. 10-518 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.INBERG &REIS CO., L.P.A. Matthew Urban P.A.I.D.# 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. Phone: (412) 434-7955 7547246 N PIT G4B