The URL can be used to link to this page

Home My WebLink About10-18211 ? R Eli-eC'-P ,k,r Thy"Ja.;r,*!?I?GRY 2G 0 h;AR 12 FHI 3: 02 l! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: vs. JERI L HANZEL 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 07425378 C N Pit CFR Q +4a. oo pn ATTY ec? 4 saAns 46 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA .11 CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No JERI L HANZEL 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: JERI L HANZEL 38 CAMPBELL PL CAMP HILL, PA 17011 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX6344 . 4. Defendant made use of said credit card and has a current balance due of $2837.49 , 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 24.900% per annum on the unpaid balance from March 01, 2010 . 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 , JERI L HANZEL , INDIVIDUALLY , in the amount of $2837.49 with continuing interest thereon at the rate of 24.900% per annum from March 01, 2010 plus costs. James C WELTMAN 436 Sev Pittsb (412 ) FAX: 1 0742 7/ 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 attemi ng to collect this debt for our client and any information obtainedVwill be used for that purpose. '4 FINANCE PrWous Balance Paymmte 6 emb CHARGE Trareectione New Balance Minimran Payment Due Dale $1,921 7575 -= $OAO:D + $42A3 +( !3 . 0 = $2,003.18 $358.00 Oct. 21, 2008 Aug. 22, 2008 - Sep. 22, 2008 Page 1 of 1 ='• PLEASE PAY AT IFAA TR5 AKOW Account ? YoUre behind by m payments If we charge off your woout due to late or missed payments, finance O charges wi continue to aoaue Act row m prcverd ttMs from hoppermg Please pay th rmrnmurn Your Account Illfomudon payment amount on you statement or 9we us a call at 1 800 955 6600 Were here to hell fake control of your credk with Capital One TOTAL CREDIT LINE $1,50000 TOTAL AVAILABLE CREDIT $0,00 °Imporant Notce° LkXW the terms we pwcusy disclosed to you, your aooount is rox *i* for an CREDIT LINE FOR CASH $1,000.00 ncr€m in Arruol Percentage Rates (APRs) elfecli a immediately However, Capital One has elected AVAILABLE CREDIT FOR CASH $0.00 not to raw yar APRs at CMS time Plem be aMW Dial N you IN b keep your account in good starrig, Cpl One reserves to rght to raise your APRs nn the titre Flnaaee Chula (Please see reverse for mpatant 0wriathah) Balance rate Periodic Careapondirg FINANCE Lfptedto vita APR CHARGE Purchases $1,801.95 0.0810%D 2490% $3834 Cash $14147 0ODOM D 2490% $3.08 ANNUAL PERCOUAQE RATE appled thb porlod: 2UV4 AtYourSsrvke-Gobytpm lom wpyoar®IrarR, u Cat 111MS33637 b report a but or siobn cad or Wank to agw ar Rd*" ® Pay Odin 9 mmmPhibwoom or midymrpwwittw C$Md Ore Berk (USA) NA • P 0 Bad 70684.Ootdb, NC 78772-0884 Saw' rg"". tor: cWlal Onr P D Bad 3M • Set Lele City, Lin 8413ID-M Piro ldf, Credits & Adiustments T_ransactlons _ 1 22 SEP PAST DLE FEE - - - - ---- -- 539 You account has gee over its credit ima. To avoid addtonal o erlmt fees, please pay ericto to bug your bales bebw your credit Nod mmedetay. and make we you ww below your credit knit Please be sue to account for any fAtlre purchases, fees, and Wave charges You were assessed a past do fee bem your mream paymrat was not received by the due dale To awd this The in the future, we recanmwd that you elow at least 7 busness days br your minimum payment b rea h Ceprk l One ® Han a qu"m about a dwp on youir abmat? EXHIB? Please refer to Cie Bdkg Rghls Summarym the beck of you statement or visit PLEASE RETURN PORTION BELOW WrTH PAYMENT OR LOG ON TO WMWY.CAPRALONE.COM TO MAKE YOUR PAYMENT ONLINE Ga~One" oat c rt y??r wrnrr, New 43aknce ?Ninilmm Payment Due Date $2,003.18 $358.00 OCt. 21, 2008 I IIIJ MIYIVIN?I Amount Endosed Capital One Bank (USA), N•A• P.0• Box 70884 Charlotte, NC 26272-0884 7425378 lglpunlhhllllllhllllllllhlllhuhlPllhdlllulll Iullrll +6344 21 2003180041000358002 Account Number 3" Please print address or plmne number charges below using blue or [Hack ink home MaK sVkv)rrte flax E-mer7adfiess Q #9026725305473301# MAIL ID NUMBER JERI L HANZEL 632 2ND ST HIGHSPIRE, PA 17634-1604 IPIPIIIIIIIIIIII,Ipnlulllllllllll191hhlINdlluaglllll Please write your account number on your payment made payable to Capital One Bank (USA), NA. and mail with this wupon in the enclosed envelope. W PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. JERI L HANZEL 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 of his/her knowledge, information and Sbeli Dated: Davina Johnson A049 WELTMAN, WEINBERG & REIS CO., L.P.A. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff4,, at?„nOrr ?G'C1+t? t ? Jody S Smith Chief Deputy Edward L Schorpp Solicitor =gIFFV' jj A, J t Capital One Bank (U.S.A.) N.A. Case Number vs. 2010-1821 Jeri L. Hanzel SHERIFF'S RETURN OF SERVICE 03/18/2010 06:49 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on March 18, 2010 at 1849 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jeri L. Hanzel, by making known unto Joseph Hanzel, Husband of defendant at 38 Campbell Place, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the ime. Mopd? OdtoLwk COBAU ,DEPUTY SHERIFF COST: $41.50 March 19, 2010 SO ANSWERS, RON ~ R ANDERSON, SHERIFF (c) CountySutte ShenB_ Teleosoft_ Inc. FE1_K.~~. t. , ~ .. ~.~ 2013 ~j~ r' ?. ! ~'~°'~ ~~ ~ 3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. JERI L HANZEL Defendant No: 10-1821 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 07425378 C N Pit KMJ Judgment Amount $2906.95 r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 10-1821 CIVIL TERM JERI L HANZEL PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendant JERI L HANZEL above named, in the default of an Answer, in the amount of $2906.95 computed as follows: Amount claimed in Complaint Less payments / adjustments made $2811.44 $0.00 Interest on the remaining principal balance of $2121.22 from March Ol, 2010 to May 06, 2010 @ the interest rate of 24.9000 per annum $95.51 Attorney's fees TOTAL $0.00 $2906.95 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: Wil iam T. Mo czan 7437 07425378 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 JERI L HANZEL 38 CAMPBELL PL CAMP HILL, PA 17011 ~t~F.oo P ~ ~ T'~`/ ~~ a~F a497 l~lo-h~, ~+la,~l~-~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 10-1821 CIVIL TERM JERI L HANZEL NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx ) Defendant ( ) Garnishee You are hereby notified that the ~ollowing Order of Judgment was entered against you on .5~1 10 (xx) Assumpsit Judgment in the amount of $2906.95 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 Prothono By: JERI L HANZEL 38 CAMPBELL PL CAMP HILL, PA 17011 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 JERI L HANZEL Civil Action No. 10-1821 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 JERI L HANZEL 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. JERI L HANZEL 38 CAMPBELL PL CAMP HILL, PA 17011 is not in the military service. Further Affiant sayeth naught. ~ -~~ AFFIANT 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 May-11-2010 08:53:56 Last First/Middle Begin Date Active Duty Status Active Duty End Date Service A enc Name y Based on the information you have furnished, the DMDC does not possess HANZEL JERI L 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/faa/nis/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 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 § 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:IC3CGQN59K 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 JER! L HANZEL Defendant Case No. 10-1821 CIVIL TERM IMPORTANT NOTICE T0: JERI L HANZEL 38 CAMPBELL' PL CAMP HILL, PA 17011 Date of Notice: ~ ~O YOU ARE (N 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, GC 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, TH{S 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, W~4PI,BERG & REIS CO., L.P,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 7425378 N PIT G46