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Home My WebLink About10-6112 L J id `' i ?.. V 6A ?4 AND COUNITY i" LNNS LYF NIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: 10- (Dl(A T?Orm VS. COMPLAINT IN CIVIL ACTION LYUBOV N BATAZHAN 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 08453815 C N Pit CXC 496L.00 P n A'TrY at 4770-78q eay8w'l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No LYUBOV N BATAZHAN 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: LYUBOV N BATAZHAN 426 MEADOW DR CAMP HILL, PA 17011 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX9903 . 4. Defendant made use of said credit card and has a current balance due of $15584.72 , as of September 07, 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 12.6000 per annum on the unpaid balance from September 07, 2010 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 111" 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 , LYUBOV N BATAZHAN , individually , in the amount of $15584.72 with continuing interest thereon at the rate of 12.600% per annum from September 07, 2010 plus costs. fames u. WELTMAN 436 Sev Pittsb (412) FAX: 4 2 084538 E This law firm is a debt collector attempt our client and any information obtained w armbroat,42524 EINBERG & REIS CO., L.P.A. h Avenue, Suite 1400 PA 15219 7955 38-7130 N Pit CXC to collect this debt for be used for that purpose. FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Dtle Date $13,920,50 -C $0,00 * ( $183.17 * $39.00 = $14,142.67 C $2,416.00 ? (Dec. 30, 2009 Nov. 06, 2009 - Dec. 05, 2009 Page 1 of 1 P OM PAY AT LF? 1HK M"T MasterCard Killnurn Account S62&tf12Sa00BBBW Your Account Information TOTAL CREDIT LINE TOTAL AVAILABLE CREDIT CREDIT LINE FOR CASH AVAILABLE CREDIT FOR CASH You're behind by sox payments If we charge off your account dde to late or missed payments fironce L. _ charges will continue to accrue Ad now to prevent this from happening Please pay the minimum IIEWARDS Payment amount on Your statement o give us a call at 1600 9556600 we're here to help. Take control of you credit with Ckptul One $12,60000 $000 $12,1300 OD $000 'Finance Charges (Please see reverse for rnpadnt Information) Balance rate Periodic Correspabrg FINANCE applied to rate APR CNAROE "urchases S14,01661 0 04356% D 1590% SI63 17 Cash SO OD 0 06822% D 2490% 50 00 ANNUAL PERCENTAGE RATE appled ms period: 15.80% Alh At Your Sarvke • co to mtw.cmt?e can lomudage Your sumd. or Cat 149,955-7070 to mport a testa stain card or speak a Ouama Nations 0 Pay Onlinea a or mal par pWnwtb Ore Bank (USA), N.A. • P 0 mac 71083 • Gierbfle, 110 28 -1003 A Solid hones 0. CaptalOne-a0 me;10285-SatLake C4,Ur8413DJM ® Manage yoir Rewards online by visiting or (at 1A0,27&3001 ® Have a quedlon about a ehage on your dahanime Please refer to ffie Bung Wghts $ummwly on the bade of your statement or visit www.caolfabne.oarJJwutes PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO W W W CAPITALONE COM TO MAKE YOUR PAYMENT ONLINE EXHIBIT 1 5528512585089903 05 0000000200002416002 8453815 Account Number. 5528-5125.8508-9903 Due Date New Balance Minimum Payment Amount Enclosed Dec. 30, 2009 $14,142.67 $2,416.00 -? PLEASE PAY AT LEAST THIS AMOUNT #9034089921686253# LYUBOV N BATAZHAN 426 MEADOW DR CAMP HILL, PA 17011-1227 ulPLlllPUlrrlu?llellilrrehlhlur?lllllrlleirnll?hlv?el Rewards Prevpus scalable balm 7,079 Ewned this period 0 (ral6Cts Ira cacti- Posted dung this oiling cyclai Avalkle, Balance 7,079 Payments, Credits & Adiustments Transactions 1 30 NOV PAST DUE FEE S39 00 Your account: has gone over its credit himl: To avoid aditiond overtmd fees, you should pay more than the Minimum Payment Please parr enough to bring your aoeount balance below your crack limit lrnmekiiiL*, and make sure your a=unt Warm remains below your amt limit Please W sue the amount you pay accounts for any future purchases, fees, and finance charges You were assessed a past due fee because your minimum payment was not received by the due date To avoid this fee in the hit re, we recommend tot you allow at least 7 business days for your mmum payment to reach Capltri One ORGANIZATION MADE EASY. Forget the tiling. Manage your account online and Simplify your life. Sign up at www.capitalone.com Capital One Bank (USA), N.A. P.O. Box 71063 Charl.otta, NC 28272-1063 1111111-I I I--I I II I-II-II II I II r -III I I I--I I-I-I I I-I I--II I I I I I I-II I I Please make checks payable to capital one Bank (1,15A), NA. and mad with this coupon in the enclosed envelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. LYUBOV N BATAZHAN 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: -"(0 Ottis Coward N00000034013259 288640998 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith zt Chief Deputy e > Richard W Stewart 7 2'J 10 O , i ' =4 : 414 Solicitor Capital One Bank (U.S.A.) N.A. vs. Case Number . Lyubov N. Batazhan 2010-6112 SHERIFF'S RETURN OF SERVICE 10/07/2010 05:11 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on October 7, 2010 at 1711 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Lyubov N. Batazhan, by making known unto Ilya Batazhan, Son of defendant at 426 Meadow Drive, 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 same. F "Amd a. AM NDA COBAU H, DEPOTY SHERIFF COST: $55.00 October 08, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF {G GountySuite Sheriff. Ieieosoft. Inc. FIED-OMCf-. 6? THE PRO 1 HO O IA R'M1. 20!0 DEC 13 Pty 3: r9 CUMBERLAND COUNTY PENNSYLV r:l % IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. LYUBOV N BATAZHAN Defendant No. 10-6112 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT 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# 8453815 Judgment Amount $ 16,004.35 D afb To Cqa 353 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. Civil Action No. 10-6112 CIVIL TERM LYUBOV N. BATAZHAN Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, LYUBOV N. BATAZHAN above named, in the default of an Answer, in the amount of $16,004.35 computed as follows: Amount claimed in. Complaint $15,584.72 Interest from September 7, 2010 to November 24, 2010 at the interest rate of 1.2.600% per annum $419.63 TOTAL $16,004.35 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. W brodt, ESQUIRE PA I.D. #425 Weltman, i berg & Reis Co., L.P.A. 1400 Kopp r uilding 436 Seven venue Pittsbur , A 15219 (412)43 955 WWR# 453815 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: 426 MEADOW DR., CAMP HILL, PA 17011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. LYUBOV N BATAZHAN Defendant Case No. 10-6112 CIVIL TERM IMPORTANT NOTICE TO: LYUBOV N BATAZHAN 426 MEADOW DR CAMP HILL, PA 17011 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 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, WEINWG & REIS CO., L.P.A. tsy: 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 8453815 N PIT S4S IN THE COMMON PLEAS COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs LYUBOV N BATAZHAN Defendant Civil Action No. 10-6112 CIVIL TERM NON-MILITARY AFFIDAVIT 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, LYUBOV N BATAZHAN 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: LYUBOV N BATAZHAN 426 MEADOW DR CAMP HILL, PA 17011 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 unsworn falsification to authorities. 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 Dec-07-2010 08:28:40 +C Last Name First/Middle Begin Date ! Active Duty Status Active Duty End Date Service Agency BATAZHAN LYUBOV N 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, Davy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). 41 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/fM`/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 12/7/2010 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:3FJLG1R2C3 https://www.dmdc.osd.mil/appj/scra/popreport.do 12/7/2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. Civil Action No. 10-6112 CIVIL TERM LYUBOV N BATAZHAN Defendant 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 1 2L-13 -1 (xx) Assumpsit Judgment in the amount of $ 16,004.35 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 ONOTARY (OR D UTY) ?p D E1 UL LYUBOV N BATAZHAN 426 MEADOW DR CAMP HILL, PA 17011 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7"h Avenue, Pittsburgh, PA 15219 1-888434-0085