HomeMy WebLinkAbout10-0519
2010 J'1`11
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff ?'1
No. 10 - 5(9 V
Pr1?f
vs.
ERIC M FOSTER
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
07806070 C N Pit KMJ
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
vs.
ERIC M FOSTER
Defendant
Civil Action No
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:
ERIC M FOSTER
119 BUNGALOW RD
ENOLA, PA 17025
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX1578 .
4. Defendant made use of said credit card and has a current balance
due of $3116.14 , 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
0.000% per annum on the unpaid balance from December 10, 2009 . A copy
of Plaintiff's Statement is attached hereto, marked as Exhibit I'll, 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 , ERIC M FOSTER , individually , in the amount of
$3116.14 with continuing interest thereon at the rate of 0.0000 per
annum from December 10, 2009 plus costs.
James q.NWarmbrodt,42524
WELT EINBERG & REIS CO., L.P.A.
436 S ve h Avenue, Suite 1400
Pitts ur h, PA 15219
(412) 4-VA-7955
FAX: 4 -338-7130
0780 0 C N Pit KMJ
This law firm is a debt collector attempting to collect this debt for
our client and any information obtained will be used for that purpose.
IBIT
RNANCE
Previous Balance Payments & Credits CHARGE Transactions New Balame Mintimu rn Payment Due Date
C$2,813.75 - $0.00 + $73.70 + $78.00 = $2,965.45 $833.00 Sep. 04, 2009
Jul. 10, 2009 - Aug. 10, 2009 Page 1 of 1
visa Platimm Account
4tt92 74094579
Your Acoount 111formatim
TOTAL CREDIT LINE 52,000 00
TOTAL AVAILABLE CREDIT $0.00
CREDIT LINE FOR CASH $2,000.00
AVAILABLE CREDIT FOR CASH $000
PLDSE PAY AT LEAST THIS IVADUNT
You`re behind by m paymerrb If we charge off your a oust de to lone or missed payments, fnanx
carges wi mntnue to acace Ad now tc prevent this from happening Plc pay the mrrrmun
reymenl amount on you statement or give us a call at 1 800 955 56W We're here to help Take control
of you :rest Mth Capital One
'Important Nota - Under the terms we preimusy disclosed to you, your account s now elg6le for an
ircrease n Annual Percentage- Rates (APRs) elfectlive mmedietey However, Capbl One has elected
not to raise your APRs at this tree Please be aansed that if you fal to keep your account n good
standing, capital One reserves the right b raise you APRs in the future
'aywrits. Credits 8r Adittstlwts
Flnanm Charges (Please see reverse for rnportant mlonnattort)
Balance rate Periodic Corresponding FNANCE
afpleib rate APR CHARGE
Purchases 52,520 99 0 08055% D 2940% 9%14
Cash 533194 0 08055% D 2940% S8.55
ANNUAL PERCENTAGE RATE appied this period: 29.40%
O At Your Service - C.o to eayrr.?itabrt>.ean b manage your amout,
- or Cat 14009033637 b repot a lest a 9daL cad or speak b Otsbma
Rdabns
® PayOnline amw.cwtabnscanamaiyour paymentb:
Cap" One Bait (USA). NA - P 0 Box x1093 • gatitle, NC
2992-1083
Send Irpuiies to:
Q4AA Orr P 0 Bm 30285 - $tn We city Ur 9, 41 Lt02g5
® Have a questlon about a charge on your stakenwit?
Please refer to the Billing Rights Summary on the beck of you
statement or visit ww*bne.ooma/disputes
Transactions
1 03 AUG PAST DUE FEE S3900
2 10ALY3 OVER1_IMITFEEAUl310,2009 53900
You account has gone over is credit Itnt. To avoid additional o eri nt fees, you should pay more than
the lvliramum Payment Please pay enough to bring your accent balance below your credit knot
immediately, and make sue you account belanoe reran below you credit lent Please be sure the
amount you pay accents for any future pudaws, fees, and krance charges
You were assessed a past due fee bexuse your mnmun payment was not reo wed by the due date To
mid this fee in the future, we recommend that you allow at least 7 business, days for your minimum
payment to reach Capital One
PLEASE RETURN PORTION BELOW WrrH PAYMENT OR LAG ON TO WNIW.CAPITALONE COM TO MAKE YOUR PAYMENT ONLINE
7806070
Capw-
Account Number: 4862-3625-7409-1578
Due Date New Balance Minimum Payment Amount Enclosed
Sep. 04, 2009 $2,965.45 $83100
PAY AT LEAST
THIS AMOUNT
#9022374198638631#
ERIC M FOSTER
119 BUNGALOW RD
ENOLA, PA 17025-2313
Ill.rdlh91,111.u,lp,l,ul.gll,h'I?Illnrr,urgr
?1578 09 2965450064000833002
Lend a hand. Save the land.
Manage your account online today-
it's fast, easy and secure.
e Pay onhne anyhme-no morecheck,, stamps or clutter
Q Moving? Change your address online or on the hack
® Help save the planet Go paperless
0 Sign up at www capitalone corn
Capital One Bank (USA), N.A.
P.O. Box 71083
Charlotte, NC 26272-1063
1111111r111rr11111111 11 11111
Please make checks payable to Capital One Bank (USA), NA and mail with this coupon in the enclosed envelope.
PROTHONOTARY CUMBERLAND CO
CAPITAL ONE BANK (USA), N.A.,
Plaintiff,
V.
ERIC M FOSTER
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: I C>b9
(2. n A a
Curtis Graves
A049
WELTMAN, WEINBERG & REIS CO., L.P.A.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson FUD-OTICE
.?61?,??
OF THc P???:
Sheriff
Jody S Smith ?Q?? _8 ?? :g
Chief Deputy'
Edward L Schorpp
Solicitor OFFICF F ECUM .~ L_ 0
Capital One Bank (U.S.A.) N.A.
vs.
Eric M. Foster
Case Number
2010-519
SHERIFF'S RETURN OF SERVICE
02/02/2010 04:47 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February
2, 2010 at 1647 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Eric M. Foster, by making known unto Precious Everson, Adult in charge at 119
Bungalow Road, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time
handing to her personally the said true and correct copy of the same.
SHERIFF COST: $55.00
February 03, 2010
SO ANSWERS,
O Y R ANDERSON, SHERIFF
Deputy Sheriff
%o! County Suite Shenff I eieosoft_ Inc-
r
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
vs
ERIC M FOSTER
Defendant
No: 10-519 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
07806070 C N Pit NPE
Judgment Amount $3116.14
IN THE COURT OF COMMON PLEAS ~1'~~Cj``-1~"'`'~ -
CUMBERLAND COUNTY, PENNSYLVA~~l~~"+` ~~~~"~"'~ ~~ w'"~iQ~
C'TVTT~ T)TVTSTC~N
CAPITAL ONE BANK (USA),NA
vs
Plaintiff
ERIC M FOSTER
TO THE PROTHONTARY:
Civil Action No
ZQt~ ~~T~ 2~ !,E"i ~Q~ N3
`3 ++ i+ ll
r ~I~~lt4 J t~`Ltl~'4 "ilf~
10-519 CIVIL TERM
PRAECIPE FOR DEFAULT JUDGMENT
Kindly enter Judgment against the Defendant ERIC M FOSTER above named,
in the default of an Answer, in the amount of $3116.14 computed as follows:
Amount claimed in Complaint
Less payments / adjustments made
Interest on the remaining principa
$3116.14 from December 10, 2009
@ the interest rate of O.000o
Attorney's fees
TOTAL
$3116.14
$0.00
1 balance of
to April 07, 2010
per annum $0.00
$0.00
$3116.14
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.
James C. armbrodt,
0780607Q~' Cj N Pit NPE
Plaintiff's address is: t
c/o WELTMAN, WEINBERG & REIS CO., L.P.A.;
436 Seventh Avenue, Suite 1400 Pittsburgh PA 15219
And that the last known address of the' efendant is
ERIC M FOSTER
119 BUNGALOW RD
ENOLA, PA 17025
~ i~.oo PD AT't"y
~~~ ~F~f7d8/
~~ ayo~85
I~(~ ~, I~a~d
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
vs
ERIC M FOSTER
Civil Action No. 10-519 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 y~/ao /o
~~
(xx) Assumpsit Judgment in the amount of $3116.14 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:
PR
ERIC M FOSTER
119 BUNGALOW RD
ENOLA, PA 17025
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.
ERIC M FOSTER
Civil Action No. 10-519 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 ERIC M FOSTER 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.
ERIC M FOSTER
119 BUNGALOW RD
ENOLA, PA 17025
is not in the military service. Further Affiant sayeth naught.
~~
SWORN TO AND SUBS~R BED in my presence this
~'
day r
o f
~._ti~ r L'
r r ~ ~ d ti ~_ '_-
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-08-2010 09:01:45
Last First/Middle Begin Date Active Duty Status Active Duty End Date Service
A
enc
Name g
y
Based on the information you have furnished, the DMDC does not possess
FOSTER ERIC M 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.defenselnk.mil/faq/ps/PCQ9SLDR.htm_1. 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 theService SCRA points-of-
contact.
https:l/www.dmdc.osd.mil/appj/scra/popreport.do 4/8/2010
,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 IO 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:6LBNP3GSU6
https://www.dmdc.osd.mil/appj/sera/popreport.do 4/8/2010
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
vs.
ERIC M FOSTER
Defendant
Case No. 10-519 CIVIL TERM
IMPORTANT NOTICE
TO:
ERIC M FOSTER
119 BUNGALOW RD
ENOLA, PA 17025
Date of 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 C10 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 HERE 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.
436 Seventh Avenue, 1400 Koppers Building
Piftsburgh, PA 15219
Phone: (412) 434-7955
7806070 N PIT G4B