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Home My WebLink About10-1820 20 i 0 [1,1%1? 12 F.1 02 G?av:?? _ a t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: JD- 1gaD &w-'t er-K vs. COMPLAINT IN CIVIL ACTION CYNTHIA J FERRY 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 07500560 C N Pit CFR Cis) 49a.oo PA A Try cv* 4saR33'1 Imo` a3s??? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No CYNTHIA J FERRY 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 4 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: CYNTHIA J FERRY 233 E GARFIELD ST SHIPPENSBURG, PA 17257 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX7776 . 4. Defendant made use of said credit card and has a current balance due of $1248.46 , as of March 01, 2010 . 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 19.1000 per annum on the unpaid balance from March 01, 2010 . A copy of Plaintiffs 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 , CYNTHIA J FERRY , INDIVIDUALLY , in the amount of $1248.46 with continuing interest thereon at the rate of 19.100% per annum from March 01, 2010 plus costs. fames WELTM 436 S Pitts. (412) FAX: 0750 WEINBERG & REIS CO., L.P.A. th Avenue, Suite 1400 h, PA 15219 -7955 -338-7130 C N Pit CFR This law firm is a debt collector atte ing to collect this debt for our client and any information obtaine will be used for that purpose. FINANCE Previous Balance Payments 3 Cmdb CHARGE Transactions $760 30 - $0 0O:D $12 15 + $2g 00 D Jun 24, 2007 - Jul 23, 2007 Page 1 of 1 Ms%rCard Platinum Account X7778 Your Account Information TOTAL CREDIT LINE $500 00 TOTAL AVAILABLE CREDIT $0 00 CREDIT LINE FOR CASH $500 00 AVAILABLE CREDIT FOR CASH $0 00 Finance Charps (Please see reverse four important information) Balan applied b Peri te Amos PR ing C URGE Purchases $77191 0 05247% P 1915% $1215 Cash $0 00 0 05545% P 2024% $000 ANNUAL PERCENTAGE RATE applied this period. 19,15% ® At Your Service 1.800.9077857 To cep Cusww Reiesorn w to report a bsi oT $Uw cad ® Send payments to. CePed One Benk P 0 8w 7DB84 Clanatte, NC 29272AS4 A Send inquiries to. Capital One P 0 Bar 30285 Sot Lake Oty, UT 84130-0285 New Balance Minimum Payment Due Date $80145 $301 45 Aug 1 027 07 PLEASE PAY AT L ;AST TMS AMOUNT Your account is six payments behind If we charge off your account due to late payments, we will report the charged-of status to several national vcdit bureaus, and the Purchase APR as reflected on this statement will be applied to all your outstanding balances Act now to prevent this from happening Please pay the amount due n your statement or give us a call at 1 800 955 6600 WWII work with you so you can take con III of your account and start rebuilding your credit with Capital One Figments, Crocks d Adiustments Transacdons 1 18 JUL PAST DUE FEE $2900 Your account is 90 days past due and your Payment Protection coverage has been suspended As stated in your Payment Protection agreement, your coverage and monthly charge coil be reinstated once your account is no longer 90 days pest due You may sal be eligible for benefits to be paid to your account for loss events described in your Payment Protection agreement. Call SYonebridge Benefit Services at 1-88&527 904 to see if your situation qualifies for benefits You were assessed a past due fee because your mnmum payment was not received by the due date. To avoid this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Capital One EXHIBIT 7500560 6056 506 1 07 23 070723 PAGE 1 of 1 OIDM6056 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO W W W CAPITALONE COM TO MAKE YOUR PAYMENT ON LINE (h1e" what's in yourwalletT )7776 23 0801450025000301452 New Balance Minimum Payment Due Date 145 $30145 Aug 17, 2007 i nu nmuwv i Amount Enclosed Capital One Bank P.O. Box 70664 Charlotte, NC 26272-0664 11/11111111111111111lll it 1111111 1111111 llnlirllril11111II11111 Account Number: 7776 Please print address or phone number changes below using blue or black ink Address Home Phone Alternate Phone £-malt address @ #90205674557774870 MAIL ID NUMBER CYNTHIA J FERRY 233 E GARFIELD Sr SHIPPENSBURG, PA 17257-2033 1111111111111111111111loll 11411114 11111N11lnr11nr11n1H1) Please write your account number on your check or money order made payable to Capital One Bank and mail with this coupon in the enclosed envelope y 1 F PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. CYNTHIA J FERRY 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: C Pavina 4Joon 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 SOIICItOr ~~,~,ttt, tit ~u~rfiGer~~~d ~, . .~; ,' ~;JFF F.',C' ~ ERfiF~ ~: 2010 E~1~~~ ! 7 ~9 ~~ ~; 2 1J1.~411} ! ~ i'ti S 1j Capital One Bank (U.S.A.) N.A. vs. Cynthia J. Ferry Case Number 2010-1820 SHERIFF'S RETURN OF SERVICE 03/15/2010 08:33 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 15, 2010 at 2033 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Cynthia J. Ferry, by making known unto herself personally, at 233 E. Garfield Street, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the sa a time handing to her personally the said true and correct copy of the same. .~ NOAH CLINE, DEPUTY SHERIFF COST: $46.00 March 16, 2010 I .~ SO ANSWERS, ~~. RON R ANDERSON, SHERIFF ficj CounfiySuite S~r:nff. Te~ocscfi. Irc- ZOiO ~'_,~~ I ? ( ~} ' 4~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. CYNTHIA J FERRY Defendant No: 10-1820 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan,47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07500560 C N Pit KMJ Judgment Amount $1269.65 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 10-1820 CIVIL TERM CYNTHIA J FERRY PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendant CYNTHIA J FERRY above named, in the default of an Answer, in the amount of $1269.65 computed as follows: Amount claimed in Complaint Less payments / adjustments made $1240.51 $o.oo Interest on the remaining principal balance of $843.70 from March Ol, 2010 to May 06, 2010 @ the interest rate of 19.100% per annum $29.14 Attorney's fees TOTAL $0.00 $1269.65 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 _ ~~ ~~ William T. Mo c n,47437 07500560 C N Pit KMJ 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 Defendant is CYNTHIA J FERRY 233 E GARFIELD ST SHIPPENSBURG, PA 17257 ~I~.oo PP ~~1 e~ ys844ld1 ~~- a~ay9~f ~~~,~~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 10-1820 CIVIL TERM CYNTHIA J FERRY 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 ~~~~~/p (xx) Assumpsit Judgment in the amount of $1269.65 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: CYNTHIA J FERRY 233 E GARFIELD ST SHIPPENSBURG, PA 17257 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. 10-1820 CIVIL TERM NON-MILITARY AFFIDAVIT CYNTHIA J FERRY 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 CYNTHIA J FERRY 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 the individual status. CYNTHIA J FERRY 233 E GARFIELD ST SHIPPENSBURG, PA 17257 is not in the military service. Further Affiant sayeth naught. AFFI Request for Military Status Department of Defense Manpower Data Center 4;` Military Status Report ~~ Pursuant to the Service Members Civil Relief Act °' Page 1 of 2 May-11-2010 08:28:06 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service A enc FERRY CYNTHIA 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). ~ -~- 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 htt~_//www.defenselink.mil/fa / is/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 5/ 11 /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 § 1 O 1(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:FQ7I9QRPPU https://www.dmdc.osd.mil/appj/scra/popreport.do 5/11/2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK {USA),NA Plaintiff vs CYNTHIA J FERRY Defendant TO: CYNTHIA J FERRY 233 E GARFIELD ST SHIPPENSBURG, PA ,1725 Date of Native: Case No. 10-1820 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 OBJECTiON~' 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 NEARING 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, GC; TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATIOI` 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE; PA. 17013 (717} 249-3166 WELTMAN~AI NBERG &REIS CO., L.P.A. __~ By: Mathew 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 7500560 N PIT G4B