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Home My WebLink About10-5399 r; T aoic A06 18 PM <0 No 4'??... i?'j 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: 10 - 5:399 aivi17erm VS. COMPLAINT IN CIVIL ACTION HAMADY A ABOUSHOUSHA 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 08299654 C N Pit EMR (S 9a. 00 P D AT?f e? ?V?93?13 ?- ay(09 s-d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No HAMADY A ABOUSHOUSHA 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 150.00 CAPITAL ONE DRIVE RICHMOND , VA 23238 . 2. Defendant is adult individual(s) residing at the address listed below: HAMADY A ABOUSHOUSHA 1878 DOUGLAS DR CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX0438 . 4. Defendant made use of said credit card and has a current balance due of $2628.60 , as of July 16, 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 26.100W per annum on the unpaid balance from July 16, 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 , HAMADY A ABOUSHOUSHA , individually , in the amount of $2628.60 with continuing interest thereon at the rate of 26.100% per annum from July 16, 2010 plus costs. James C. Wa ro t,42524 WELTMAN, W I ERG & REIS CO., L.P.A. 436 Seven A enue, Suite 1400 Pittsburg , P 15219 (412) 43 79 5 FAX: 412 33 -7130 08299654 C Pit EMR This law firm is a debt collector attemptinh/to collect this debt for our client and any information obtained wil°i be used for that purpose. Fu4ANf? Previous Oda" Payments & Credits CNAROE Trarltlaetlons New BManee Minimum Payment Due Date $1,964.20 - $0.00 * $48.21 + $76.00 = $2,090.41 $599.00 Ott. 26, 200® Sep. 02, 2008 - Oct 01, 2008 Page 1 of 1 ' i Vba PHIkNm Account 410NAMMbM Your Account of mudon TOTAL CREDIT LINE $1,50000 TOTAL AVAILABLE CREDIT $000 CREDIT LINE FOR CASH $1,50000 AVAILABLE CREDIT FOR CASH $000 Fnarm Maipos (Please see reverse for rre)"A nbnnntlon) Balance rate Poradc Owespodig RNANCE applied b role APR CHARGE Puctlases SW 86 0 08055% D 2940% S1411 Cash S1,41125 0 08055%D 2940% S3410 ANNIAL PERCENTAGE RATE applied fhb pwlo& NA8% ® At Your SeeYlee-Goby ob inrepa ymr wxwt or Cat1AD-M3t07bnpatabetorebbncard orepeekbQalxnr nebaore ® Pay OrllYn at n or malyar pWnwt b: •1O083ro Bmk {L"' KA. - P O BOK 71063- Qrarbia, NC A Sand YIQINNa w Capid0ro•P0 BoaXM-Sell lakeQN,UT84M4M Him a quaMbn about a durga on your stthtrrttt9 Pl ace reler b the Billing Rob Summary on to back of your statement or Yet Yo0e behind by six paymanb N we charge off you accent die b late or missed payments finance charges will ocnbnue b aecn)e Act now to prevent the from happening Please pay the mnntun payment arm t on you statement a give ins a call BI 1800 %5 = Wake here b help. Trice control of you credit with Czpilal One Payments, Credits a Adlustira ts Tra wacd" 1 26 SEP PAST DUE FEE S3900 2 01 OCT OVERLHT FEE OCT 01, 2008 53900 Your accent has gone over nb credt lent To avoid adMioroi overlent fees, you shald pay more than to ldrmum Payment Plem pay enough bbring yar acoant balance below your credit Innia rnmeaaNHy, and rreke sure you account balance remae below you credit: iat Plane be are the amount you pay exoinls for any ful ra purchases, fees, ant fiance charges You were assessed a past due No because you mrmun payment was not recaved by Ifs due dote To and the fee in the We, we recommend that you Am at ken 7 buarness days fa you mnmun payment to reads Ceptal Ore PEASE RETURN PORTION BELOW WrrH PAYMENT OR LAG ON TO W W W UNfAI.ONE COM TO MAKE YOUR PAYMENT ONIN E PLEASE PAY AT IEASTT116 AMOUNT 1 t0":A"T'n"U38 01 2090410022170599000 ENV 1 8299654 Account Number. 8 Due Date New Balance Minimum Payment Anlourlt Enclosed COi26, 2009 $2,090.41 $599.00 PLEASE PAY AT LEAST THIS AMOUNT H9027521347296233ff HANADY A ABOUSHOUSHA 516 CANAL ST LEBANON, PA 17046-3774 Ill. r11I1111e11111.11.1a.Ilan.11r11111.14111111111Jill 11e-11-a-- BE SAFE! Your trash could be an Identity thlefs . gold. manage your account online and end the paper trail. I Sign up at www.capitalone.com Capital One Bank (USA), N.A. P.O. Box 71063 Charlotte, NC 26272-1063 II1III, e111e•11111r11?IIIII11-- Jill 11e?11i1?111r111ellllll11a1111 Please make dwks payable to capital One Bank (USA), N.A. and mad with the coupon In the enclosed envelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. HAMADY A ABOUSHOUSHA 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. Q Dated: ' a 3- t O d--?t ct't f Margaret Pl? N00000033305568 538145723 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~1LED-c~~~E Sheriff rF T;~,~= ,~~,^.,, ~~-,r,!,'1T,^~~?~ Jody S Smith ~~ ' ~ ~ `''--~ Chief Deputy ti ~' ~ ~ ~ ~ Aid $: Richard W Stewart ~^1 p { ,_t ~~'~/ V~l"i~i'v4 ~,L~ ~-~ tit ' ~L.~Ei1V i 1 Solicitor _, , _ _ ~. ~~~ r I~E~Ii~..i; L~r~~ Capital One Bank (U.S.A.) N.A. vs. Case Number Hamady A. Aboushousha 2010-5399 SHERIFF'S RETURN OF SERVICE 09/13/2010 08:24 PM -Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on September 13, 2010 at 2024 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Hamady A. Aboushousha, by making known unto himself personally, at 1878 Douglas Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. ~--~_ MICHAEL BARRICK, DEPUTY SHERIFF COST: $33.40 September 14, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF CUMBERLA' PENNS) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. HAMADY A ABOUSHOUSHA Defendant No. 10-5399 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: crs 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# 8299654 Judgment Amount $ 2,824.08 4I4. oo P 0 A-ny C*q843L,SS e,,* as) W7 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. HAMADY A ABOUSHOUSHA Defendant Civil Action No. 10-5399 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, HAMADY A ABOUSHOUSHA above named, in the default of an Answer, in the amount of $2,824.08 computed as follows: Amount claimed in Complaint $2,628.60 Interest from July 16, 2010 to October 28, 2010 at the interest rate of 26.100% per annum $195.48 TOTAL $2,824.08 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: James C. brodt, ESQUIRE PA I.D. #4 52 Weltman, ei berg & Reis Co., L.P.A. 1400 Ko pers uilding 436 Sev nth venue Pittsb A 15219 (412) 4 955 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 1878 DOUGLAS DR.,CARLISLE, PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. HAMADY A ABOUSHOUSHA Defendant Case No. 10-5399 CIVIL TERM IMPORTANT NOTICE TO: HAMADY A ABOUSHOUSHA 1878 DOUGLAS DR CARLISLE, PA 17013 1 ` Date of Notice: b ! 0 ` 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 WRG & REIS CO., L.P.A. By: Matthew Urban P.A.1.D.# 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 8299654 N PIT M4G IN THE COMMON PLEAS COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. Civil Action No. 10-5399 CIVIL TERM NON-MILITARY AFFIDAVIT HAMADY A ABOUSHOUSHA Defendant The undersigned is the duly authorized agent and/or attorney for the Plaintiff in the within matter and states as follows: Affiant 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, HAMADY A ABOUSHOUSHA is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the DMDC does not possess any information indicating that the below individual is in the military service: HAMADY A ABOUSHOUSHA 1878 DOUGLAS DR. CARLISLE, PA 17013 Affiant further states that the averments contained herein are, true and correct to the best of Affiant's knowledge, information and belief and that these averments are made subject to the penalties of 18 Pa C.S.A. §4904 relating to unworn falsification to authorities. Request for Military Status Department of Defense Manpower Data Center ID Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Nov-02-2010 08:03:29 +C Last Name First/Middle Begin Date Active Duty Status Active Duty End Service Date Agency ABOUSHOUSHA HAMADY Based on the information you have furnished, the DMDC does not A 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). 410 44t )4. A 6 414., AO?W_ 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.defensehnk.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 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 11/2/2010 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:QQG52UQQ6J https://www.dmdc.osd.mil/appj/scra/popreport.do 11/2/2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. Civil Action No. 10-5399 CIVIL TERM HAMADY A ABOUSHOUSHA Defendant HAMADY A ABOUSHOUSHA 1878 DOUGLAS DR. CARLISLE, PA 17013 NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on. I t hsho (xx) Assumpsit Judgment in the amount of $ 2,824.08 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 Plaintiff s address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7u' Avenue, Pittsburgh, PA 15219 1-888-434-0085