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HomeMy WebLinkAbout10-6311iir -fly= F ICE or- - Fp "cull -tt 1? 3- 12 ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. No. I O - Le 3k 1 COMPLAINT IN CIVIL ACTION ROSS M. CLEVELAND DB/A R. CLEVELAND RETAINING WALL SERVICES Defendant 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#7969062 Q? ??o IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. Civil. Action No. ROSS M CLEVELAND DB/A R. CLEVELAND RETAINING WALL SERVICES Defendant 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. 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, ROSS M CLEVELAND, is an adult individual engaged in business as R. CLEVELAND RETAINING WALL SERVICES with a last known address of 4101 CLUB HOUSE DR., MECHANICSBURG, PA 17050. 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX 1277. 4. Defendant made use of said credit card and has a current balance due of $3561.63, as of June 2, 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 23.1.00% per annum on the unpaid balance from June 2, 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, ROSS M. CLEVELAND DB/A R. CLEVELAND RETAINING WALL SERVICES, individually, in the amount of $3561.63 with continuing interest thereon at the rate of 23.100% per annum from June 2, 2010 plus costs. James C. brodt, Esquire PA I.D. #425 4 WELTMAN EINBERG & REIS CO., L.P.A. 1400 Kopp s uilding 436 Sevent venue Pittsburg P 15219 (412) 43 55 W WR#:7969062 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. Previous ealance Pay nmb b Credits CHARG Transactions Now Balance Minimum Payment C$2,290.16 ? - $0.00 + $34.39 + $39.00 = $2,363.54 $165.00 Nov. 06, 2008 - Dec. 05, 2008 Page 1 of 1 ' PLEASE PAY AT LEAN 745 AAUUar Visa Business Cad Account 41154 MI0114277 Your Account Inliormiation REWARDS TOTAL CREDIT LINE $3,300 00 TOTAL AVAILABLE CREDIT $936.45 CREDIT LINE FOR CASH $2,250.00 AVAILABLE CREDIT FOR CASH 193645 Flname Charges (Please see reverse for nlporlart nformaton) Balance rate Perodlc Correspondrg FINANCE apotedb race APR CHARGE Puldwas S2.313 19 004950% F 1809% $3439 Cash $000 0049566 F 1809% $0.00 ANNUAL PERCENTAGE RATE applied Blb period: 18.0110116 dfA AtYour savice-Gob whyamieloniiim bmrngrymramout, or Cal 1400.867-0901 b spat a lard or strubn card or Weak b Wsb w Rehi ® Pay Ordned awasiftbam ormalyarpynwtb Be* (USA), NA - P O B. T1083. Oablta, NC 25272-1053 sad lrgrrtlre b: A C4PWO$ P 0 Box 30285 • Set Lde CkV UT 84130-0M ® Manses yew Rewads or" by vsiing or Get 1400?283001 ® Hm*aitioniaboutadarge, onyarabbnwv Please refer to the Biing Rghts Summary on the tack of yw statement or vat oapdaloneomVdIsoutes Due Date Dec. 30, 2008 You're behind by one payment Remember that payrg the mrsnum payment by the We dale keeps You a=unt wrent So rake sure you send in the mu mun payment to keep your accwrt wrent " Imparbnt NWc#' Your eccoutt was past die Under the terms we prevolsly dadosed to you, If Yw aaAUt is past due agan in the next 12 berg cydes, your Annual Percertege Rates (APRs) may mcrease 7777 Prevlo s waial* balance 14,444 Earned to perod 0 (mflli-trarw- Posteddlrm Orabdrggcb) AvalaNe Balance 14,444 Payments, Credits dr Ad ushylents Transactlola 1 01 DEC PAST DUE FEE 53900 You were assessed a past die fee because your mortrn payment was not reoerved by the due dab To avoid this fee in the &Ire, we recommend that you ADN at least 7 twenase drys for your mnmlrn payment to reach Caprul One PLEASE RETURN PORTION BELOW WITH PAYMENT OR LAG ON TO MM.CAPITALONE.COM TO MAID YOUR PAYMENT ONLINE C:apf1?('Tr1?< Account Number.-1277 Due Date New Balance Minimum Payment Amount Enclosed Dec. 30, 2008 $2,363.54 $165.00 PLEASE PAY AT LEAST THIS AMOUNT #9034179393337095# ROSS R CLEVELAND R.CLEVELAND RETAINING WALL SERVICES 4181 CLUB HOUSE DR MECHANICSBURG, PA 17850-4120 7969062 I'lll VIII I'I.Ill.rllllll"I'llllll'lllllll 1111'111'"lllll"1111 11277 05 2363550069000165000 Lend a hand. Save the land. Manage your account online today- ifs fast, easy and secure. e Pay online anytime-no more checks, %ta raps or clutter © Moving? Change your address online or on the hack e Help save the planet Go paperless 0 Sign up at vvwvv caprtalone corn Capital One Bank (USA), N.A. P.O. Box 71883 Charlotte, NC 28272-1893 illll Ill I Irrlllllrhrllllllirrllnhr?llrlrlll?llrrl Illllllrllll Please make checks payable to Capital One Bank (USN, NA and mail with this coupon in the enclosed envelope. EXHIBIT PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. ROSS M CLEVELAND 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: Margaret Parton N00000032043219 120294202 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. SHERIFF'S OFFICE OF CUMBERLAND COUNTY r Jody S Smith in t I C. C. Chief Deputy Richard W Stewart Solicitor U. D Capital One Bank (U.S.A.) N.A. Ronny Sheriff R Anderson VS. Case Number Ross M. Cleveland 2010-6311 SHERIFF'S RETURN OF SERVICE 10/07/2010 07:35 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on October 7, 2010 at 1935 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Ross M. Cleveland, by making known unto Joy Cleveland, Wife of defendant at 4101 Clubhouse Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. A -MANDA COBAUGH, DEPU SHERIFF COST: $37.00 October 08, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF 'cj CQUntySuite Snentf, Teleosoft, ti7c. FILED-4F F1C C,"-" THE PR--)TH0N.0 r'A;Q ;f 2`3 IO DEC 13 PM 3: r7 CUMBERLAND CC`'J?# y PENNSYL'JANjp1A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. No. 2010-06311 PRAECIPE FOR DEFAULT JUDGMENT ROSS M CLEVELAND D/B/A R. CLEVELAND RETAINING WALL SERVICES Defendant 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# 7969062 Judgment Amount $ 3,953.84 °'?'? u$gasg°? Cti , g5? ?- a led IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 2010-06311 ROSS M. CLEVELAND DB/A R. CLEVELAND RETAINING WALL SERVICES Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, ROSS M. CLEVELAND D/B/A R. CLEVELAND RETAINING WALL SERVICES above named, in the default of an Answer, in the amount of $3,953.84 computed as follows: Amount claimed in Complaint $3,561.63 Interest from June 2, 2010 to November 23, 2010 at the interest rate of 23.100% per annum $392.21 TOTAL $3,953.84 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, ESQ E PA I.D. #42 Weltman, e' berg & Reis Co., L.P.A. 1400 Kop er Building 436 Sev th venue Pittsbur , A 15219 (412) 4 955 WWR# 7969062 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: 4101 CLUB HOUSE DR., MECHANICSBURG, PA 17050 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. R.CLEVELAND RETAINING WALL SER ROSS M CLEVELAND Defendant Case No. 2010-06311 IMPORTANT NOTICE TO: ;ROSS M CLEVELAND 4101 CLUB HOUSE DR MECHANICSBURG, PA 117 50 Date of Notice: 111,3110 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) 2493166 WELTMAN, WEINBERG & 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 7969062 N PIT M4G IN THE COMMON PLEAS COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff Civil Action No. 2010-06311 vs ROSS M CLEVELAND DB/A R. CLEVELAND RETAINING WALL SERVICES Defendant 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, ROSS M. CLEVELAND DB/A R. CLEVELAND RETAINING WALL SERVICES 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: ROSS M CLEVELAND 4101 CLUB HOUSE DR MECHANICSBURG, PA 17050 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 07:08:57 < Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency Based on the information you have furnished, the DMDC does not CLEVELAND ROSS M 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 ft://www.defenselink.mil/fN`/?is/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:EJRKEV980K https://www.dmdc.osd.miYappj/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. 2010-06311 ROSS M CLEVELAND DB/A R. CLEVELAND RETAINING WALL SERVICES 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 j of - 13 "10 (xx) Assumpsit Judgment in the amount of $ 3,953.84 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 ai;Ll_ ROSS M CLEVELAND 4101 CLUB HOUSE DR MECHANICSBURG, PA 17050 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 CrF THELPROTHONOTARY WELT , WEINBERG & REIS CO., L.P.A. 201 JUG -I PM ?+ ?$ BY: Sar, h E. Ehasz, Esquire Attorney for Plaintiff(s) I.D. No. 6469 CUMBERLAND COUNTY 436 Seve nth Avenue, Suite 1400 PENNSYLVANIA Pittsburg , PA 15219 Phone: 4 2.434.7955 Fax: 412 434.7959 File # 79 9062 CAPITA, ONE BANK (USA),NA ROSS MI CLEVELAND CUMBERLAND County Court of Common Pleas NO. 2010-06311 PRAECIPE FOR SATISFACTION OF JUDGMENT TO Court ARY: kindly Satisfy the Judgment of the above-captioned matter upon the records of the mark the cost paid. Sworn t and subscribed Before e th?day of MAY, 2011 ?, a KA (I ? A VO& WELTMAN, WEINBERG & REIS By Sarah E. Ehasz, Esquir Attorney for Plaintiff L., , L.P.A. NOTARML $EAL DEANNA it1M* TARANTO Pubk ?11S8URON CO1TM Yi?L GHENY COUNTY my Comassion Exom Jan 14, 2013 fg.06?,L la, _ t _ 9096 13IF-d .2 4. t z4/