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Home My WebLink About10-15946 Y FILED-v-r; E OF" THE F `?..? u OTA?Y ZOIQ NAr? -8 PM 2: 28 L!3) CUM 4 !N'rY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), N.A y cw4 / Plaintiff No. /5-9 VS. BOBBI J GRIFFIN DB/A KORE-MOTORSPORTS Defendant COMPLAINT IN CIVIL ACTION 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#7773606 1-7x. d 0 fd u'f4y c k- VVPY3 VS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), N.A Plaintiff vs. BOBBI J GRIFFIN D/B/A KORE-MOTORSPORTS Defendant Civil Action No. COMPLAINT IN CIVIL ACTION 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 V COMPLAINT AND NOW COMES, Plaintiff, by and through its counsel, WELTMAN, WEINBERG & REIS, CO., LPA., and hereby files this Complaint against Defendant, BOBBI J. GRIFFIN DB/A KORE- MOTORSPORTS, and, in support thereof, Plaintiff avers as follows 1. Plaintiff is a corporation with offices in 15000 CAPITAL ONE DRIVE, RICHMOND, VA 23285. 2. Defendant is an adult individual engaged in business as Kore-Motorsports with a last known address as 1760 Wisteria Drive, Apt. L, Chambersburg, PA 17202. 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number xxxxxxxxxxxx 1164. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of November 6, 2009, in the amount of $2106.03. A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof. 5. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that the Cardholder Agreement between the parties provides that Plaintiff is entitled to the addition of finance charges at the rate of 23.10% per annum on the unpaid balance. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, BOBBI J. GRIFFIN D/B/A KORE-MOTORSPORTS individually, and D/B/A Kore-Motorsports in the amount of $2106.03 with continuing finance charges thereon at the rate of 23.10% per annum from November 6, 2009 plus costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. James C. W4brodt, Esquire PA I.D. #42 WELTj WEINBERG & REIS CO., L.P.A. 1400 KBuilding 436 Sevenue Pittsbu15219 (412) 4 5 WWR#:7773606 Corporations System Search Results Page 1 of 1 Corporations Online Services I Corporations I Forms I Contact Corporations I Business Services Search Search Type: Starting With Search Criteria: Kore-Motorsports By Business Name By Business Entity ID Search Date: 1/28/2010 Search Time: 14:02 Verify Verify Certification No Records were found for the search cliteria'Kore-Motorsports' on 1/28/2010 Online Orders 2:02:13 PM Register for Online Orders Order Good Standing Order Certified Documents Order Business List My Images Search for Images Home I Site Map I Site Feedback I View as Text Only I Employment OA"ve e// PA Home Copyright 0 2002 Pennsylvania Department of State. All Rights Reserved. Commonwealth of PA Privacy Statement https://www.corporations.state.pa.us/corp/soskb/SearchResults.asp 1/28/2010 PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. BOBBI J GRIFFIN 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: -4,1 _ Shawn Wood A049 WELTMAN, WEINBERG & REIS CO., L.P.A. ~,, . Flt.ET~-~~~"=C~E AftY 2Q{0 Jt?~~ 28 I'~ 12~ 48 CJ"~~~C ' 'ss~tt~.,.. !~'"~~ ~~ :i'~rLY~9h~'r'1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. BOBBI J GRIFFIN KORE-MOTORSPORTS No: 10-1594 CIVIL PRAECIPE FOR DEFAULT JUDGMENT Defendants 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 07773606 C N Pit SGB Judgment Amount $2361.92 ~yG~ P"7G`~ ~6~{GGS /k-41 (CK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 10-1594 CIVIL BOBBI J GRIFFIN KORE-MOTORSPORTS PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendants BOBBI J GRIFFIN , KORE-MOTORSPORTS above named, in the default of an Answer, in the amount of $2361.92 computed as follows: Amount claimed in Complaint $2106.03 Less payments / adjustments made $0.00 Interest on the remaining principal balance of $1821.34 from November 06, 2009 to June 16, 2010 Q the interest rate of 23.1000 per annum $255.89 Attorney's fees TOTAL $o.oo $2361.92 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: Jam 07773606 C N Pit SGB Plaintiff's address is: 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 Defendants are BOBBI J GRIFFIN 9 SHUMAN RD NEWBURG, PA 17240 KORE-MOTORSPORTS 1912 PHILADELPHIA AVE REA CHAMBERSBURG, PA 17201 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 10-1594 CIVIL NON-MILITARY AFFIDAVIT BOBBI J GRIFFIN KORE-MOTORSPORTS 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 Defendants BOBBI J GRIFFIN KOBE-MOTORSPORTS are 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 the individual status. BOBBI J GRIFFIN 9 SHUMAN RD NEWBURG, PA 17240 KORE-MOTORSPORTS 1912 PHILADELPHIA AVE REA CHAMBERSBURG, PA 17201 are not in the military service. Further Affiant sayeth naught. 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 Jun-17-2010 06:52:28 ~ Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency GRIFFIN BOBBI J 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). ~~. ~y-~- 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.defenselink.mil/fag/nis/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 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 6/17/2010 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:D81 L2OLUJ8 https://www.dmdc.osd.mil/appj/scra/popreport.do 6/17/2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK {USA),NA Plaintiff V5. BOB61 J GRIFFIN KORE-MOTORSPORTS Defendant Case No. 10-1594 CIVIL IMPORTANT NOTICE TO: BOBBI J GRIFFIN 9 SHUMAN RD NEWBURG, PA 17240-9214 Date of Notice: i YOU ARE !N DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE 1N WRITING WITH THE COURT YOUR DEFENSES OR OBJECTlON;~ 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 YOUFs PROPERTY OR OTHER IMPORTANT RIGHTS. ~ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GC,; TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATlO!`1 ABOUT HIRING A LAWYER. ~ IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITf INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCEC~ FEE OR NO FEE. $ i } CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTM , W BERG & REIS CO., L.P.A. By: Matthew Urban P.A.I.D.# 90963 WELTMAN, WEINBERG & REI5 CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: {412) 434-7955 7773606 N PIT G4B IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff V5. BOBBI J GRIFFIN KOBE-MOTORSPORTS Defendant TO: KORE-MOTORSPORTS 1912 PHILADELPHIA AVE REA CHAMBERSBURG, PA 172 +1 Date of Notice: 1 Case No. 10-1594 CIVIL IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU NAVE FAILED TO ENTER A WRITTEN APPEARANCE'S PERSONALLY OR BY' ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTION;: TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WlTH1N TEN DAYS FROM THE DATE OF THI;r NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUF PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GCS TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATIOP~ ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WtTF INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCEEE FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTM BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTM EI ERG &REIS CO., L.P.A. sy: 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 7773606 N PIT G46 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 10-1594 CIVIL BOBBI J GRIFFIN KORE-MOTORSPORTS NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that t e following Order of Judgment was entered against you on ~' a~/G (xx) Assumpsit Judgment in the amount of $2361.92 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 Prothonot By: BOBBI J GRIFFIN 9 SHUMAN RD NEWBURG, PA 17240 KORE-MOTORSPORTS 1912 PHILADELPHIA AVE REA CHAMBERSBURG, PA 17201 Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955