The URL can be used to link to this page

Home My WebLink About05-2979 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff C~u'<L~~ No: oS- - ;;).977 vs. COMPLAINT IN CIVIL ACTION LARRY VIA 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 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 04219956 C A Pit KMJ ," , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No 05- .:<9'7'1 LARRY VIA 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 is a corporation with offices at 6851 JERICHO TURNPIKE #190 SYOSSET , NY 11791 . 2. Defendant is an adult individual(s) residing at the address listed below: LARRY VIA 13 CAMPBELL PL CAMP HILL, PA 17011 3. Defendant applied for and received a credit card bearing the account number 5291071567146384 . 4. Defendant made use of said credit card and has a current balance due of $2409.99 , as of June 01, 2005 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 6.000% per annum on the unpaid balance from June 01, 2005 . ... ..... 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. against Defendant , LARRY VIA , individually , in the amount of Wherefore, the Plaintiff prays for jUdgment in its favor and $2409.99 with continuing interest thereon at the rate of 6.000~ per annum from June 01, 2005 plus costs. This law firm is a debt collector attempting to collect this debt for Our client and any information obtained will be Used for that purpose. L.P.A. 2718 , - The undersigned does hereby verify subject to the penalties of J 8 Pa. C.S. S4904 relating to unsworn falsification to authorities, that he is an attorney for the Plaintiff herein and makes this Verification based upon the facts as supplied to his by the Plaintiff because the Plaintiff is outside the juriSdiction of the Court and the Plaintiffs Verification cannot be obtained within the time allowed for the filing of this pleading; and that the facts and circumstances set forth in this pleading. are true and correct to the best of his knowledge, information and belief. VERIFICATION / 1- - r-- II) o --.:J () p ~ J'~ ~ N >-> -eJ ~ p::- ~J Vl. () i._,._ ~~("- t:~ ..;;:~ ., ~~, (~~> >. ~~,; "'~ ::<: o ~ ,:-;'"\ ~-,. .' r--> = ~ """ ,- c= .-,>" -- 8 I \.0 o ." :i!-n rllp ...."rn '''? (:)( ) :t.:"f1 o~'c ~~(..~ ;::0 :..; ~ ::i: '-:? ~ 0' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. Civil Action No. 05-2'179 CIVIL LARRY VIA 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 _B~p~(X>S (xx) Assumpsit Judgment in the amount 01'$2,434.55 plus costs. () Trespass Judgment in the amount 01'$_ 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 ::'~::ia,~ ~ PROTHONOTARY. (OR DCPUT LARRY VIA \3 CAMPBELL PL CAMP HILL.PA 17011 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7''' Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff No. 05-2'179 CIVIL VS. PRAECIPE FOR DEFAULT JUDGMENT LARRY VIA Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA 1.0.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#042I9956 Judgment Amount $ 2,434.55 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. Civil Action No. 05-2'J79 CIVIL LARRY VIA Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, LARRY VIA above named, in the default of an Answer, in the amount of $2,434.55 computed as follows: Amount claimed in Complaint $2409.99 Interest from June 1,2005 at the legal interest rate of 6% per annum $24.56 TOTAL $2,434.55 I hereby certity that appropriate Notices of Default. as attached have been mailed in accordance with P A R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By W' WILLIAM T. MOLC PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh. P A 15219 (412) 434-7955 WWR#04219956 ---~ Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 27] 8 Koppers Building, 436 7m Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 13 CAMPBELL PL CAMP HILL.PA ]7011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff 05-2~79 CIVIL LARRY VIA Defendant IMPORTANT NOTICE TO: Larry Via 13 Campbell PI Camp Hill,Pa 17011 Date of Notice: _JULY 18 2005 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., LP.A. ~ IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Case no: 05-2'779 CIVIL Plaintiff NON-MILITARY AFFIDAVIT vs. LARRY VIA Defendant The undersigned, who first being 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 m accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.c. App. S 521. Affiant fiIrther states that based upon investigation it is the affiant's belief that the Defendant, LARRY VIA is not in the military service. Affiant fiIrther states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, LARRY VIA is not in the military service. Further Affiant sayeth naught. 0-{jl~~ AFFIANT ND SUBSCRIBED in my presence thisa day .(~ '.,-~.~- NOTARY PUBLIC "J '",; ('," This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. Request for Military Status Page I of I Department of Defense Manpower Data Center AUG-02-200506:17:28 Military Status Report Pursuant to the Service Members' Civil Relief Act .... Last Name First/Middle Begin Date I Active Duty Status I Service/Agency VIA Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the individual, per the Information provided, as to all branches of the Military. ~-~~~~J ~.- ~ u- J~_ Robert 1. Brandewie, 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 Department of Defense strongly supports the enforcement of the Service Members Civil Relief Act [50 USCS Appx. ss 501 et seq] (SCRA) (formerly 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 most strongly encouraged to contact us by Fax at (703-696-4156) or by phone at (703-696-6762). We will then conduct further research. Your failure to re-contact DMDC may cause provisions of the SCRA to be invoked against you. This response reflects current active duty status only. For historical information, please contact the military services SCRA point of contact. See: http://www .defel1selil1k.m illtitgLpifu'PC02SLQR.html. Report ID:BVMBWGZABUK https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 8/2/2005 t: IV (J ~tt.~ '. ....... ;:y f ~ __ '<. J..J ~ ;:s ~ r ~ ~ vv r (--. ~ :-0() () <> ~ ~ :t:. '< D c: <'"" ""tlW mrrl ~,......... -..'" ?c-- (;,::\ .> -<'< ;;::C-' >" 40 >c: :z =< ~ c:."> <=> c..n ~ <n I 0) ~ :x 't? w ~ ~ mpl -om ::t15.' OC) :=:t..,.-, <5 :11 .~O om ..i {; '< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No. -05-2979 CIVIL vs. PRAECIPE FOR SATISFACTION OF JUDGMENT LARRY VIA Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt PA I.D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WVVR#04219956 '..... .. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. -05-2979 CIVIL LARRY VIA Defendant PRAECIPE FOR SA TISF ACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. PA 1.0 # 2 4 WELT fA ,WEINBERG & REIS CO., L.P.A. 2718 ers Building 436 S v. nth Avenue Pitts gh, PA 15219 (41 ~34-7955 WWR #04219956 Sworn to and SUbs~ed before me this of January, 07 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Heidi J. Kelly. Notary Public City Of Pj~burgh. Allegheny County MyCc~nExplresNo\ .'_;09 Me.'"!),",,,,' >l.",sylvania Assoc~' .,., .. Col.'CI _ _' ar~dS (") c s:. --0 cg, ''''1[" ~l~~, ~C' ~G ~"I. I $C z :2 ~ ~ c...- ~ - -1 ~ -:P - - ~ .-\ ~:!! -o~ ~nO oS --I <:" ~J: -\I (j --- '-,0;;.0 ~rn ~ "E:; ~ s:- \.0