Loading...
HomeMy WebLinkAbout11-7453F LE0-? FI I ` P R {,. IN THE COURT OF COMMON PLEAS O??y? SEP ?? ?? 2 ` CUMBERLAND COUNTY, PENNSYLVAl`IYA 13 CAPITAL ONE BANK (USA), N.A. 4851 COX ROAD GLEN ALLEN, VA 23060 Plaintiff VS. SANJAY PATEL 5345 OXFORD CIR APT 59 Mechanicsburg PA 17055 CUMBERLAND 1NIT : CIVIL ACTION F E N N S Y L"?`A s A -76%Y7 NO: ?l- ?7'3 Defendant : 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 to Defend 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 ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 717-243-9400 0 C# 7312 ?#?bS,2 40 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (USA), N.A. CIVIL ACTION 4851 COX ROAD GLEN ALLEN, VA 23060 Plaintiff VS. NO: SANJAY PATEL 5345 OXFORD CIR APT 59 Mechanicsburg PA 17055 Defendant COMPLAINT Plaintiff, CAPITAL ONE BANK (USA), N.A. , by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, CAPITAL ONE BANK (USA), N.A. , (hereinafter "Plaintiff') is a corporation with a principal place of business located at 4851 COX ROADGLEN ALLEN, VA 23060 2. The Defendant SANJAY PATEL (hereinafter "Defendant") is an adult individual residing at 5345 OXFORD CIR APT 59 Mechanicsburg PA 17055. 3. At all relevant times herein, Plaintiff was engaged in the business of debt purchase and collection. 4. Defendant applied for and received a credit card issued by CAPITAL ONE BANK (USA), * with the account number 4115072649661603. 5. Use of the CAPITAL ONE BANK (USA), * credit card was subject to the terms and considerations of the Cardmember Agreement (hereinafter "Agreement"), a copy of which was sent to the Defendant along with the credit card. 6. Defendant used the CAPITAL ONE BANK (USA), * credit card account number4115072649661603, for purchases, cash advances and/or balance transfers. 7. The Defendant was mailed account statements relative to the Defendant's use of the subject credit card. 8. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. (See, Cardmember Agreement attached hereto as Exhibit "A.") 9. The Defendant last made payment on September 24, 2008. 10. The total amount due and owing the Plaintiff including interest, is $1,631.15. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $1,631.15 plus costs of suit and any other relief as the Court deems just and appropriate. Edv '60YAbrahamsen & . Michael F. Ratchford, Esq Attorney I.D. Nos.: 86285 120 North Keyser Ave. Scranton, PA 18504 mratchford@eaa-law.co Phone: 570-558-5510 Fax: 570-558-5511 VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff, CAPITAL ONE BANK (USA), N.A. , am fully familiar with the facts set forth in the within Complaint and am authorized to make this Verification on behalf of Plaintiff. I Verify that the facts set forth in the within allegations are true and correct to the best of my knowledge, knowing that any false statements are punishable by law pursuant to 18 C.S.A. 4904. Capital0le what's in your wallet? LET'S TALK - WE'RE HERE TO HELP. Sometimes unexpected expenses keep you from making your credit card payments. We understand, At Capital One, we're here to help you keep your credit on track. Give us a call. Here are 3 easy ways to make a payment: • Give one of our associates a call at 1.800.955.7070. • Mail us the amount due on your statement. • If you have Internet access, you can make a payment securely online by logging on to www.capitalone.com. FINANCE Previous Balance Psyments& Credits CHARGE Transactions New Balance Minimum Payment Due Date $650.80 - $0.00 + $14.78 * $78.00 = $743.58 ?i243.?s8 Mar. 24, 2008 Jan. 24, 2008 - Feb. 23, 2008 Page 1 of 1 Vba "now Card Account 4I15A7E&4M1QD3 Capllra!(ilr Your Account Information m n »??:?«? vaamTrat TOTAL CREDIT LINE $500.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $500.00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please sea reverse far important information) Balance rate Periodic Owespmring FINANCE applied to rele APR CHARGE Purchases W.16 0.07233% 0 28.4096 $14.78 Cash SD.00 0.07233% 0 28.40% $0.00 ANNUAL PERCENTAGE RATE applied this period: 21,40% AtYaurSeMce 1400-W-011111161 c., Tocdl O.rWm PAbio artompatatntor MWowd Ir!!!1b Send payments to: Cuitilel One Be* • P.O. Bore 711884 - Charlotte. NC 2827248% Send Inquiries to: Coal Ores P. D. Box 30285 • Set Lore Gty. UT 641304285 Q For Mom Information on your Small Business account Viet www.capimbnecaNanebuaness ® Have a question about a charge on your statement? Please refer to the Bit ling Rights Summary on the back of your statement or visit *::r'rebait rdbytw: keymens Le:n'al.It a rehlvint u:iaidi'icul!wa:::::91 rrap;:qur mnnrnit o-yrftT . •x:ar* tohad.. t6's A;kxKUxtcnhaxl inda s?'..ct n n.;r wdxt b y:-,r iv,:. u> > call at 1 f,. 0.955.7070. -imporlanl Notice" Al the time we are unable to provide your Rewards Summary. To wow your current Rewards balance or addhond Rewords Kifarrlatiat, please call the rumber on the back of your aedt card. We apologize for any incarvenence this may cause. Payments, Credits & Adfustmil Transactions 1 23 FEB PAST DUE FEE M,00 2 23 FEB OVERLIMIT FEE FEB 23, 2008 $39.00 Under terms previously disclosed to you, some or all of you Annual Percentage Rates (APRs) have beat increased since your accent was past due twice in the past 12 billing cycles. If your roes have already increased, subsequent clelirxtuencies adenwied the duration d Ie increased rates. Remember: If we receive your minimum monthly payment on Ime for 12 do>nswalive billing cycles, this account will be reviewed fora possible return to your Non.inmodwory APR. You were assessed a peel due fee because your minimum payment was nol received by the due dale. To avoid this fee in t he finure, we recommend that you show at least 7 business days for your minimum payment to reach Capital One. PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WW W.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE 0 4115072649661603 23 0743580682350243585 Account Number: 4115-0726-4966-1603 New Balance Minimum Payment Due Date $743.58 $243.58 Prl? PLFAiE l'Ar Ar LEAff l HIN AMOL! NT Amount Endosed Capital One Bank P.O. Box 70&&4 1111111111111111111111 Charlotte. NC 2&272-13aa4 l u l l 111111 lull 1111111111 1111111111 11101 111111111111111111111111 Please print address or phone number changes below using blue or black ink. Adrke Home A'mne AI&nrate Hxvre Ema17arf&w 49005537321359355# MAIL ID NUMBER SANJAY PATEL 11CL INDIAN 6ROCE1Y AND SPICE 4401 CARLISLE PIK STE F CANP HILL. PA 170E 11-41316 111111111111nu11111,11111u1n111u1lull nlu111u11111 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. SANJAY PATEL Ca ! 1C' SVv QCa what's in your wallet7 it could happen to anyone. Make sure you pay the amount SANJAY PATEL due on your statement as soon as possible. Keeping your credit in good standing can WHOOPS 11111111 do a lot more than you think. GOOD CREDIT = GOOD CREDIT REFERENCES You're behind BETTER INTEREST RATES (good credit could mean lower interest rates) 4 IMPROVED CHANCES TO GET APPROVED FOR LOANS (when you want to buy a home or new car) q•,r rr S•:: ,, / r u FINANCE Pre elcus Balance Payments& Credits CNARCE Transactions New Balance Minimum Payment Due Date C$558.01 - $0.00 + $11.68 $78.00 = $647.69 H00 May. 23, 2008 Mar. 25, 2008 - Apr. 23, 2008 Page 1 of 1 Vim Business Card Amount 4119.0726-4"BB-18W ?a}?Qif'fdSSi{Et Your Account Information REWARDS TOTAL CREDIT LINE $540.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $50000 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please see reveres for important information) Balance rare Peniodc Ocrraspetdng FINANCE applied to role APR CHARGE Purchases 5564.91 006890% 0 25.15% $11.68 Cash MOD 00689D% 0 25.15% Woo ANNUAL PERCENTAGE RATE applied this period: 75.131A il-IN AtYourServke 1904"67.0101 Tocdl Custww RoMm or to report a bst a eokn card 0 Send Payments b: C*1e Dna B14L1SA),NA • P.O. Box 70894 • Chabila, NC 282720884 Send Irquidat to: Coal they P O. Boar 30285• Set Letters 0y. LIT 841300285 For More Irdornatton on your Rewards: Met nww.apiabrre?ds Cd: I010-2203#11 ® Haw a question about a charge on your statement? Please refer to the Billing Rgrns Summary on the beck of your statement or v'st ;r ;suni.ntep;yrr?,rr 1;Ind.R?rr:.rr-rr ;F.nr,tingy:,;rminimumpayrre.n;'.yheofuedale krxz , LMU( 1:c: IF uh good l antdng. Furlhar rrls Wpcyrrau ,. r-,: be r :: o the r f: rel c'ad'. rrra.i<. s,o rr w sirs y:a a xi n n.. if rdmar emotr,' dj: a 1,0r ou .r.:: k r n goods r,arn3, Rewards Summary Previous avaikrble balance 4,128 Earned this period: D (refmds trareactivrs r>wW duig this being icicliel Available Balance: 4,128 Dd you know that you couldearn extra rewards when you make purchases al merchants in our prefaned nelwork? Visit our websne so www.calAslon .camAohasslemwards for more informaldn. Payments, Credits A Adiustments Transactions 1 23 APR PAST DUE FEE 53900 2 23 APR OVERLIMIT FEE APR 23,2M $3900 Your account has gas aver its credit limn. To avo d additional overtired feet, please pay enough to bring your balarce below your credit lima immediately, and make sine you remain baba your meld limit. Please be sure to accaunl for any future Purchases, fees, and finance charges. You were assessed a pail due fee because your minimum payment was not received by the due dale. To avoid Ihs fee in 1 he future, we recommend that you afaa at lam 7 business (9ys for your minimum payment to reach Capital One. PLEASE RETLRN PORTION BELOW WITH PAYMENT OR LOG ONTO W W W.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE. 0 4115072649661603 23 0647690700000035009 New Balance Minimum Payment Due Date $35.00 h1ay.23.2008 C$647.69D PLEl1 E PA, AT LFASr IRIS AM^LI N T Amount Endosed ( Capital One Bk(USA),NA P.O. Box 70884 lrlrtitle llrlhhlrlhrll Charlotte, NC 28272-0884 1111 11111 1111111 11111111111 11111 11111 Ollie 11111111111 oil Account Number: 4115-0726-4966-1603 Please print address or plane number changes belay using blue or bland; ink. Home Phone AAYrrrate A'xme E-meilardess /!9011537321359357# MAIL ID NUMBER SANJAY PATEL ACL INDIAN GROCERY AN0 SPICE 4401 CARLISLE PIKE STE F CAMP WILL, PA 17011-4136 uhlllnrllluuullnhilrluluhilullnllulurllulnu Please write your account number on your check or money order made payable to Capital One Sk(USA),NA and mail with this coupon in the enclosed errvelope. i0JU12 "?'' IT'S STILL NOT TOO LATE. what's In your wallet) Your account is unusable. Please pay the amount due on your statement by the due date. Remember we're here to help! Let's work together to find a solution that's right for you. You can make a payment with our free check by phone service or speak to an associate by calling 1.800.955.6600. FINANCE Previous Balance Payrnentsl5 Credits CNARCaE Transactions Now Balance Minimum Payment Due Date $777.66 - $0.00 + $14.03 $78.00 = $869.69 5:!;3.00 Mar. 27, 2009 Feb. 03, 2009 - Mar. 02, 2009 Page 1 of 1 ' Visa Business Card Account 411$4rA4B&18D1 ?NoiNasste Your Accountinformadon ' REWARDS TOTAL CREDIT LINE 5500.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $500.00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please sea reverse for important information) Bala ca rate Periaic Correspaxding FIMME applied to rate APR CHWE Purchases $789.93 0.06342% 0 23.1576 $14.03 Cash $D.00 0.0634296 0 23.15% 90.00 ANNUAL PERCENTAGE RATE applied this period: 29.15% At Your SerMOe • Gb to Ito mala0a year mcowt or Call 1A068674904tomWabatourdobncard or week to Onkow ReYdarrs j114J? Pay Online a wimumitabna mm or metyw piarmar d: ?'^{ Copilot Orr. Be* (USA). RA. • P.O. Box 71083 - Charlotte. NC 28272-1083 il Send Ingelda to: Capita Ores P 0. Box 30265 • U lace City. UT 8413002% 4 Manage your Rewords online by visit ing or Celt IA00.226,Ul ® Have a question about a Burge on your statement? Please refer lo the Bit ling Rights Summaryon the bade of your statement or visit :Vrebanrdbyf:-.ayrnxrs rl:;rytr ,t:A U(1haigir., ri;.i gD6Kyar,rnjolu m.,, pay n.rr n „ at r so- rT u: 1-gcK df. P1, w Born le thi. happen If ,afr•:: `, :line rre:h ;mud :.u us a' 1.8Dt) 9a .. 1.11 vas with you to MW,0 t 'Important Notice' Under the terms we previousy dsclosed to you, your accent is row eigt le tar an increase in Antual Paicenage Rates (APRs) eFladive immedamly However, Capita One has elected rot lo raise your APRs at the lime. Please be advised that if you tail to treep your account in good standrg, Capital One reserves Ina right to raise your APRs in the future. Rewards Summa Previous wad" balance 4,528 Earned this period: 0 (refpds transectiarK poled dung tlis bikd cycA) Avaiabe Balance: 4,528 Payments Credits 6 Adiustments Transadions 1 27 FEB PAST DUE FEE $39.00 2 02 MAR OVERLIMIT FEE MAR D2, 2000- 539.00 Your aecoun has gone am its credi limp. To avoid additional overfimil fees, you should pay moo than the Mirimun Payment. Please pay enough to bring your account balance below yaxcrede lime immedratey, and make sure your accarml balance remains below your credit limit. Please be sure the amount you pay accounts for any future purdtases, fees, and finance charges. You were assessed a past due fee because your minimum payment was not received by the due date. To avoid I his fee in t he future, we recommend that you allow at oast 7 business days fir your minimum payment to reach Capital One. PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE. 1 4115072649661603 01 0869690500000263005 Capitat,(r Account Number. 4115-0726-4966-1603 Lend a hand. Save the land. Due Date New Balance Min>imtnT Payment Amount Endosed Manage your account online today- Mar. 27, 201;9 $869.69 $ F it's fast, easy and secure. O Pe n -li - r .r ql n•.• r ;l n l :, •.11. .-I-., !n ,h.,•tor. PLEASE PAY AT LEA_a THIsho-lcxlNr - THl nidras l:[ c ..r on .:i; back. ACc v nc:? Cqun4•. •r'?u. W O e Hdlg ..r. :• iho rLxwr C.r. p::. yrie- #9006237321359351 # © ti.(;- up. t wv;•,.Cemml^n .• our,. SANJAY PATEL ACL INDIAN GROCERY AND SPICE Capital One Bank (USA), N.A. 4401 CARLISLE PIKE STE F P.O. Box 71083 CA PIP HILL. PA 17011-4136 'IIIILIrlllll'II"llllllllll'IInIrIr6rlll111111rIuIrllJlrll l Charlotte. NC 28272-1083 IIIIIILIIIr'I1111'II'1111116•IIIIILrIIrLJIJrIInJIIIJIIJ'III) Please make checks payable to Capital One Bank (USA), N.A. and mail with this coupon in the enclosed envelope. SANJAY PATEL Capital e what's in your wallet? SIYI?• IT'S TIME TO TAKE CONTROL OF YOUR DEBT. WE'RE HERE TO HELP. Even if we report your account as charged off, you'll still be responsible for paying your debt. So why not call LIS to see what we can do together to keep you from receiving such a serious mark on your credit record? Please contact us to find a solution that's right for you. You can make a payment with our free check by phone service or speak to an associate by calling 1.800.955.6600. l,L; n ",11: . I . l T . r rl. r ; n0 ;:r r0.1 ?.I; (-I -I Irr 'r I L I i I •, ri=l rl it ki o 20dV I 'o-it- !4: Visa Sualrtees Card Account 41150f2<Fr1ya IOD3 C Your Account Information REWARDS TOTAL CREDIT LINE $500.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $500.00 AVAILABLE CREDIT FOR CASH $0.00 FINANCE Previous Balance Payments8 Credits CHARGE Transactions Nov Balance Minimum Payment C$869.69 - $0.00 + $16.85 + C$78.00 D= $964.54 9;328.00 Mar. 03, 2009 -Apr. 01, 2009 Page 1 of 1 '1? "L FASE PAY Al EEA57 TK: WF ..NI Rnanm Charges (Please see reverse for imporlam information) Bamrm rare Periodic Curespaxing FINANCE applied to tale APR CHARGE Purchases 5885.54 0.06342% 0 23.15% $16.85 Cash 5100 0.06342% 0 Z3. 15% 50.}? ANNUAL PERCENTAGE RATE applied this period: 23.1516 Q At Your Service - po to Ito merapa yoga stru=m ar Call IA ID.W.19W to mport a bet or dokn card or spade to CWo,ner Rm1lrlms 0 Pay Online at f or mla lW payment to: OW101 Crre Hank (USA). NA. • P 0. Box 71083 • Charlotte, NC 2827'2-1083 Send Irqulda to: Capital Ow P O. Box 3M- Sal Law ay. UT 841300285 Manage your Rewards onlma by vist:ng orCdt IA0422$aWl Have a question about a duryp on your statement? Please refer to the Biting Rights Summary on the back of your statement or visit Due Date Apr. 27, 2009 "Impanara Notice" under the terms we previously disclosed to you, your account is now dgDle for an increase In Annual Percentage Rates (APRsl d adive immedialey. However, Capital One has elected not to raise your APRs al this lime. Plaase be adised that K you fal to keep your account in good standing. Capital One reserves the right to raise you APRs in the future. Rewards Summary Previous available balarice: 4528 Earned this period: 0 (rely tnimachms pored dung on ding MW AvWable Balance 452E Payments, Credits b Adiustments Transactions 1 77 MAR PAST DUE FEE $39% 2 01 APR OYERLIMIT FEE APR 01 2009 $39.00 Your account has gate aar its cnsdil limit. To avoid additional overlimit fees, you should pay more than the Minimum Payment Please pay elnugh to bring your account dance below your credit limit immeriaiely, and make sure your account balance remain below your credit limit Please be sure that amount you pay accounts for any future purchases, less, and finance charges. You were assessed a past duo fee because your trmmum paymea was mN race ved by the due dare. To avoid this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Capita One. PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONE COM TO MAKE YOUR PAYMENT ONLINE. 1 4115072649661603 01 0964540500000328009 C Account Number. 4115-0726.4966-1603 Lend a hand Save the land Oue Date New Balance MiNmum Payment Amount Enclosed . . Manage your account online today- it's fast easy and secure. Apr. 27, 200±I $964.54 $32$.00 C= , fLf r•AM(kAr MASI THIS THI rv:cv nq! Cl.... 4e ycl:. b-1, O © Hdlg <trn.:• the ^L:r,?+i ::r, P;:.. ?i•rl?,. #9009237321359358# tidy-,.prr•a;.vY.cat tnl^n>.•-n. SANJAY PATEL ACL INDIAN GROCERY AND SPICE Capital One Bank (USA). N.A. 4401 CARLISLE PIKE STE F P.O. Box 71083 CAMP HILL. PA 17011-4136 III1'111I'II1,111.1I'II "II'II11II 'IIIII'I'I1'IIII III III III1,I,111 Charlotte. NC 28272-1083 IIIIII1.111„II 111'11'IIII III„IIII,I„II,I,III.1I"IIIIIIII'1[1I Please make checks payable to Capital One Bank (USA), N.A. and mail with this coupon in the enclosed envelope. SANJAY PATEL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (USA), N.A. Plaintiff vs. SANJAY PATEL ACL INDIAN GROCERY AND SPICE 5345 OXFORD CIR APT 59 Mechanicsburg PA 17055 Defendant : CIVIL DIVISION rn rn NO: 11-7453 ?? cn s . z C) ? : O <-•? rMi • , a -•1 cn ? PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE CLERK OF JUDICIAL RECORDS: Kindly enter judgment by default for failure to respond to Plaintiff's Complaint in the amount of $1,631.15. Notice of the intent to file a default judgment was served upon the Defendant on November 14, 2011. A copy of the Notice of Intent to Take Default Judgment is attached hereto and marked Exhibit "A." Edv4 A. AJprahamsen & Assocji tes, P.C Wic"haef F. Ratchford, Esq Attorney I.D. No.: 86285 Attorney for Plaintiff JUDGMENT AND NOW, this /S4 day of?? 20101 , Judgment is hereby entered in favor of the Plaintiff, CAPITAL ONE BANK (USA),- N.A. and against the Defendant, SANJAY PATEL in the amount of $1,631.15 for failure to respond to Plaintiff s Complaint. PROTHONTARY A J. l (n. 5 0 SPA A`te`/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. CAPITAL ONE BANK (USA), N.A. .. vs. SANJAY PATEL ACL INDIAN GROCERY AND SPICE 5345 OXFORD CIR APT 59 Mechanicsburg PA 17055 :Plaintiff CIVIL DIVISION C-) o r- NO: 11-7453 <> ? CA r 3 =p X -? Cn Defendant CERTIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify, that on the date indicated below, I served a copy of the Praecipe for Entry of Default Judgment in the above captioned matter by mailing the same via First Class United States mail, postage prepaid addressed as follows: SANJAY PATEL 5345 OXFORD CIR APT 59 Mechanicsburg PA 17055 Edwin A. Abrahamsen & Associates, P.C. Date: January 24,2012 hdlAE Fjk9c-hford, Esquire Attorney I.D. No.: 86285 120 N. Keyser Avenue Scranton, PA 18504 (570) 558-5510 CAPITAL ONE BANK (USA), N.A. Plaintiff In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Civil Division vs. SANJAY PATEL ACL INDIAN GROCERY AND SPICE 5345 OXFORD CIR APT 59 Mechanicsburg PA 17055 NO: 11-7453 AFFIDAVIT UNDER SOLDIERS AND ILORS cm? P?o RELIEF CIVIL RELIEF ACT OF 1940 cs AMENDED Defendant z m '? F State of Pennsylvania County of CUMBERLAND SS: Cn ° = 3 O , ? n Michael F. Ratchford, Esquire being duly sworn according to law deposes and says that the above named defendant(s): SANJAY PATEL is(are) not in the military service of the United States of America as defined by the Soldiers' and Sailors' Civil Relief Act of 1940 as amended; That the defendant(s): SANJAY PATEL is(are) older than eighteen years of age; That the employment status of the defendant(s): SANJAY PATEL is(are) unknown. Subscribed before me this ?_ day of 1 20_ Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Sea' Dana L Stillarty, Notary Public City of Scranton, Lackawanna County My Commission Expires July 21, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES EDWINA. A13RAHAMSEJ MICHAEL F. RATCHFORD IZRN J. CUMMINGS NINA MENICHELU SANJAY PATEL 5;45 OXFORD CIR APT 59 Mechanicsburg PA 17055 THE LAW OFFICE OF EL>'11r[ 1. ?SF:iHi11Lti6N i. LiTW!. F4:' WWIYTAA-LAW (srr1 November 15. 2011 Re., CAPITAL ONE BANK (USA), N.A. v. SANJAY PATEL CUMBERLAND County Civil Action 1No.:11-7453 Our file No.: NA 113258/AMP Dear SAN-JAY PATEL: Enclosed please find the Ten Day Notice of Intent to Take Default in regard to the above- noted matter. Please act accordingly. If you have any questions or wish to discuss your outstanding account, please contact me at (570) 558-5510. Edwin A. Abrahamsen & Associates, Kevin J. Cummings, Esquire Enclosure This is a communication from a debt collector in an attempt to collect a debt. Any information will be used for that purpose. 120 N KEYSER AVE SCRANTON, PA 18504 (P)570-558.5510 (F) 570.558.5511 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY; PENNSYLVANIA CAPITAL ONE BANK (USA), N.A. vs. SANJAY PATEL CIVIL ACTION Plaintiff NOj 11-7453 Defendant N C= - r..: ? rri -GZ cF p C ? 3 ) Z5 m -G 'TEN DAY NOTICE OF To: SANJAY PATEL 5345 OXFORD CIR APT 59 Mechanicsburg PA 17055 J Date of Notice: November 15, 2011 TANT N YOU ARE IN DEFAULT BECAUSE YOU I APPEARANCE PERSONALLY OR BY AN ATTO THE COURT YOUR DEFENSES OR OBJECTION AGAINST YOU. UNLESS YOU ACT WITHIN TI NOTICE A JUDGMENT MAY BE ENTERED AGY AND YOU MAY LOSE YOUR PROPERTY OR 0" [' TO PA.R.C.P. 237.1(a AVE FAILED TO ENTER AN :NEY AND FILE IN WRITING WITH TO THE CLAIMS SET FORTH V DAYS FROM THE DATE OF TH IS INST YOU WITHOUT A HEARING HER 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 LAWYE I, 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. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PAI17013 7I7-243-9400 IN THE COURT OF CUMBERLAND COL CAPITAL, ONE BANK (USA), N.A. vs. SANJAY PATEL Plaintiff WON PLEAS OF PENNSYLVANIA CIVIII. ACTION NO: • I Defendant H-7453 OFSERV 1, Michael F. Ratchford, Esquire, hereby certify that on November 15, 2011 I served a copy of the Ten Day Notice of Intent to Take Defaultiin the above captioned matter by mailing the same via First Class United States mail, postage prepaid addressed as follows: SANJAY PATEL 5345 OXFORD CIR APT 59 Mechanicsburg PA 17055 Edwin A. Abrahamsen & Associates. P.C. BY: Michael IF, tchford, Esquire Attorney I.D. No.: 86285 Kevin J.ICumntings, Esquire AttorneN? I.D. No.: 209660 120 N Keyser Avenue Scranton, PA 18504 (570) 558-5510 Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Jan-25-2012 05:56:06 Last Service Name First/Middle Begin Date Active Duty Status Active Duty End Date Agency Based on the information you have furnished, the DMDC does not possess PATEL SANJAY 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). 4124? Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 2.2209-2593 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 htti)://www.defenselink.mil/fag/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 1/25/2012 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:Q16LQ05J6E https://www.dmdc.osd.mil/appj/scra/popreport.do 1/25/2012 CAPITAL ONE BANK (USA), N.A. In the Court of Common Pleas of Plaintiff CUMBERLAND County, Pennsylvania : Civil Division Vs. SANJAY PATEL ACL INDIAN GROCERY AND SPICE 5345 OXFORD CIR APT 59 NO: 11-7453 Mechanicsburg PA 17055 Defendant NOTICE OF FILING JUDGMENT Notice is hereby given that a money judgment in the above-captioned matter as been entered against you in the amount of $ 1 ?(Q3l. 15 on 2 15 /,2 By: o - If you have any questions regarding this notice, please contact the filing party: Edwin A. Abrahamsen & Associates 120 N. Keyser Avenue Scranton, PA 18504 Telephone: (570)-558-5510 (Notice is given in accordance with PA Supreme Court Rule of Civil Procedure No. 236)