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HomeMy WebLinkAbout06-3037 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: O~ - 26J? (],u~L~&-Yrj vs. COMPLAINT IN CIVIL ACTION DONALD J MCCAUSLIN MIDORI A MCCAUSLIN Defendants 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 05076283 C A Pit VOC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No DONALD J MCCAUSLIN MIDORI A MCCAUSLIN Defendants 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 ,v' 1 COMPLAINT 1. Plaintiff, CAPITAL ONE BANK is a corporation with offices at 6851 JERICHO TURNPIKE #190 SYOSSET , NY 11791 . 2. Defendants are adult individual(s) residing at the address listed below: DONALD J MCCAUSLIN 7329 WERTZVILLE RD CARLISLE, PA 17013 MIDORI A MCCAUSLIN 1445 HOLLY PI B CARLISLE, PA 17013 3. Defendants applied for and received a credit card bearing the account number 4388641718226116 . 4. Defendants made use of said credit card and has a current balance due of $1890.19 , as of May 17, 2006 , 5, Defendants are in default by fai~ing 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 25.900% per annum on the unpaid balance from May 17, 2006 , A copy of Plaintiff's STATEMENT OF ACCO UNT is attached hereto, marked as Exhibit "1" and made a part hereof. ...:, 7. Although repeatedly requested to do so by Plaintiff, Defendants have willfully failed and/or refus~d to pay the balance due to Plaintiff, Wherefore, the Plaintiff prays for judgment in its favor and against Defendants , DONALD J MCCAUSLIN AND MIDORI A MCCAUSLIN , INDIVIDUALLY, in the amount of $1890,19 with continuing interest thereon at the rate of 25,900% per annum from May 17, 2006 plus costs. This law firm is a debt collector tempting to collect this debt for our client and any information obtained will be used for that purpose. t,42524 , WEINBERG & REIS CO., L.P.A, venth Avenue, Suite 2718 urgh, PA 15219 434-7955 'F 412-338-7130 o 076283 C A Pit VOC ., Your account is delinquent. We want to help! 05 ()-1 tc;;{%~'" ~ To protect your credit with us, you need to make a payment ~ We can help-but only if you call us. ~ When you call, you can make a free check.by.phone payment ~ - .......,1 '\" ~"-"-'. :~ ~1~ CaplfalOne' Account Sumnwy PrevioulBa1aDce Payments, Credits and Adjultments Tranadio.. FlIlI.llCeCharges N_~ Minimum Arnoullt Due P1.)'llIent Due!>.te TObICreditLine TotIlAwilahleCudit CreditLineforCuh AvWble Credit for Cuh $97..00 '.00 $54.00 $22~8 $1,050.28 $1,050.28 MaytS,2003 $200 '.00 $200 '.00 Atyourservice ToOl!lCwwmcriWllioolswtonpoltebt...ttoI.r.card: 1-800-903-3637 F....free....w.eaa;a&llt..meaa4tp1Ci1l_.06a0,lorOlllO: www-.copitaloJIe._ s...I,.JDI_to, AtbI:~~ CIpitIlOllescmc. P.0.B.851047 Riduno.ld,VAlJ116 Stnd....to: CapitalOll.Scrnc. P.o'BozIS015 lUcIuaoDd,VA23J85.S015 lmportmt Account Information Forlen'ioeinSf"..nilIh,pleuecal1(800)929-8131.PIrl. Iln'icio ell. E&paAo!, pot favor marque 800-929-8137. I Return your account to good standing. It's up to you to lake the first step. Callus! 1-800-479-7231 "'- VISA GOlD ACCOUNT 4388-6417-1822-6116 MAR 16 - APR 15, 2003 Pagtlof1 Payments, Cnditl andAdjuttments TdnMCtlono 1 17 MAR OVERLIMIT FEE 2 15 APR PAST DUE FEE $29.00 25.00 You wen aaeIIlld. pall: due fee ofS2S.00 on 004I1S/2003 becaute}'OUl' miDimum paymeDt _ DOt receiYed by the due cWeof04l15I2003. To noid thilfee in the future, werecomrneDd that you allow ar:leur: 7~daytfor )'OUf payment to reach Clpital One. EXH\BIT 1- 'man<eClwp PJ__rtWI'UliMjw~Mtj~ "::' ~ f!lYl8f PURCHASES CASH .....- .,.". '1.0U79 .... """ ... ..""" ....... ".- ".- ANNUAL PERCENTAGE RATE oppIl<d tb;, period 25.901< CaplfalOne" T PLEASE REnJRN PORTION BELOWWITH PAYMENT. T 0000000 0 4388641718226116 15 ~50280100001050289 Pk_Jftr1....,~.JJnu..4lllf'..........,..Hlttu.....,.Mw.,NMIt;".i. Now BoIma Minimum AmouDt Due PaymeDI Due D.te TotlI!elldolllld. Aa:ount Nwnber: Sl.050.2' $1.050.28 May15,JOO3 I 43ft-6.t17-1821~1l41 -, Capital One Bank P.O. Box 85147 11I11I11I111111111,1.1 Richmond. VA 23276 1111.111111111,111111.1111111111111,1111I11111111111111,111111 s_ ^'" ZIP c. s_ Hato.Pbo.. ............. . ..~...... - #9010670144600086# MAIL ID NUMBER DONALD J MCCAUSLIN MIOCRI A MCCAOSLIN 1445 HOLLY PI B CARLISLE PA 17013~9102 1111111111111,1,111111111,1.11111111111111,111.1111.111.1,1,11 r - . -- ::: """" ~ """" giii PUiu,wriI,ynvIl#llU1fl u"';"OIIyrntTdxd_ """'9''''~".Mf" pcyuu trJ Q,pitm 07u &rd 1INi.-il ill tIH#JIdw.l~.. j , . . VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is ~ O_fG- r/L,.{ .Lb /17 . (NAME) hC\€~) of , plaintiff herein, that (COMPANY) he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his /her knowledge, information and belief. j~ (SIGNATURE) \ WWR# (J ~ 8 ,..~ 0 ~ U( (') C::::;;lo .." k = r;. ."., s:'-n 4- U'l, ~ -- -ot>_ ~.... n1F~ fTij'i -< -nu; '--:~ ,-_. ~ "" .;-'9 \.; ~~ (.)1 (:;/-i - .",."i', ......:z ~ ~::~. "'0 (--j ~:~ ::JC "".( "' "\;> ~ <;: ~ 6rn ~ ~ ~E' ~ ~-, 1; :2~ .. ,..... ..~ W -< ~ r? '"'" U1 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No. 06.3037 -CIVIL TERM vs. PRAECIPE FOR DEFAULT JUDGMENT DONALD J MCCAUSLIN MIDORI A MCCAUSLIN Defendants FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., LPA 271 B Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#050762B3 Judgment Amount $ 1981.40 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. 06-3037-CIVIL TERM DONALD J MCCAUSLIN MIDORI A MCCAUSLIN Defendants PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY Kindly enter Judgment against the Defendants, DONALD J AND MIDORI A MCCAUSLIN, above named, in the default of an Answer, in the amount of $1981.40 computed as follows: Amount claimed in Complaint $1890.19 Interest from MAY 17, 2006to JULY 24,2006 at the legal interest rate of 25.9% per annum $91.21 TOTAL $1981.40 , 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.PA By: M William T. Molczan, Es PA ID #47437 WELTMAN, WEINBERG & REIS CO. LPA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05076283 Plaintiffs address is: clo Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7'" Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendants is: 7329 WERTZVILLE RD, CARLlSLE,PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Case # 6 ~ -,?oZ> 1 MIDORI A MCCAUSLIN Defendant(s) IMPORTANT NOTICE TO: MIDORI A MCCAUSLIN 1445 HOLLY PI B CARLISLE,PA 17013 '1 - I t "-- blfJ Date of Notice: WWR#: 05076283 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 FOLLOWING 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 BRODT, ESQUIRE #42524 , WEINBERG & REIS CO., L.P.A. OPPERS BLDG, 436 7TH AVE. URGH, PA 15219 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Case # (')(/J- ~()3 7 DONALD J MCCAUSLIN Defendant(s) IMPORTANT NOTICE TO: DONALD J MCCAUSLIN 7329 WERTZVILLE RD CARLISLE,PA 17013 Date of Notice: WWR#: 05076283 , -t I -OlD 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 FOLLOWING 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 ,....... ./'/ ?-~ ~ ..' ...- .' /".. BY: JAMES BRODT, ESQUIRE PA I. . 42524 WELTMAN WEINBERG & REIS CO., L.P.A. 2718/ PPERS BLDG, 436 7TH AVE. PITT URGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Case no: 06-3037-CIVIL TERM Plaintiff vs. NON.MILlTARY AFFIDAVIT DONALD J MCCAUSLIN MIDORI A MCCAUSLIN 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 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, DONALD J MCCAUSLIN MIDORI A MCCAUSLIN 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 Defendant, DONALD J MCCAUSLIN MIDORI A MCCAUSLIN is not in the military service. wA'~ AFFIANT SUBSCRIBED in my presence this ~S-:;ay . 0(0. . ....... Further Affiant sayeth naught. NolelfII_ Wt/fIl8 A. JcneI, NCIlI/Y PuIlIb CIty 0I1't1111lllrr1l. AlJegIJeny Coo.IIIy ~ c........... Elcpres J\I'l&:I9. 2010 Member. Pennaylv_ ....lGClatlon d NoIaiteo 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. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that the parties against whom Judgment is to be entered according to the Praecipe attached are not members of the Armed Forces of the United States or any other military or non-military service covered by the Soldiers and Sailors Civil Relief Act of 1940. The undersigned further states that the information is true and correct to the best of the undersigned's knowledge and belief and upon information received from others. WELTMAN, WEINBERG & RE1S CO., L.P.A. i;'iiii~'F- ,Ii,qui" PA J.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P,A, 2718 Koppers Building 436 Seventh A venue Pittsburgh. P A 15219 (412) 434-7955 WWR#5076283 c (C) f.) ~ L \i:. 0: ~ _ t;. 0 r-~ ~ 0 " tv ~ ~ ~ ~ r' ~ h.,' .~. --., .:b:....-- ~ c.5 :' I" - " , - - .~ , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 06-3037-CIVIL TERM DONALD J MCCAUSLIN MIDORI A MCCAUSLIN Defendants NOTICE OF JUDGMENT OR ORDER TO: () Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or ~dgment was entered against you on -Ht.l1 I, :::uviD (xx) Assumpsit Judgment in the amount of$1981.40 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 DONALD J MCCAUSLIN 7329 WERTZVILLE RD CARLlSLE,PA 17013 p~~ By' PRO/~NO PUT,) Piaintiff's address is: c/o Weltman, Weinberg & Rels Co., L.P.A.. 2718 Koppers Building. 436 7'" Avenue, Pittsburgh, PA 15219 1-888-434-0085 , . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 06-3037-CIVIL TERM DONALD J MCCAUSLIN MIDORI A MCCAUSLIN Defendants NOTICE OF JUDGMENT OR ORDER TO: () Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or -wdgment was entered against you on -HU? ',::J ^ole. (xx) Assumpsit Judgment in the amount of $1981.40 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 MIDORI A MCCAUSLIN 1445 HOLLY PI B CARLlSLE,PA 17013 SHERIFF'S RETURN - REGULAR ~; '\ CASE NO: 2006-03037 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS MCCAUSLIN DONALD J ET AL ROBERT BITNER Sheriff or Deputy Sheriff of - .- - -- ,....... Cumberland County, Pennsylvania, who being duly sworn according to law, ,- - - says, the within COMPLAINT & NOTICE was served upon - MCCAUSLIN DONALD J the DEFENDANT , at 2045:00 HOURS, on the 14th day of June , 2006 at 7329 WERTZVILLE ROAD CARLISLE, PA 17013 by handing to MIDON MCCAUSLIN, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. - - - -- -- -, -I "'..... , ..- Sworn and Subscibed 18.00 7.04 .00 10.00 .00 35.047 LA.. '7/17//)(, to So Answers: .r'~~ Sheriff's Costs: Docketing Service Affidavit Surcharge R. Thomas Kline 06/15/2006 WELTMAN WEINBERG REIS before me this day of A.D. - .- - -- ..... "..... - - SHERIFF'S RETURN - REGULAR " \. CASE NO: 2006-03037 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS MCCAUSLIN DONALD J ET AL ROBERT BITNER I Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law1 says, the within COMPLAINT & NOTICE was served upon - MCCAULSIN MIDORI A the - - ...... DEFENDANT at 2045:00 HOURS I on the 14th day of June 2006 - I I .- - at 1445 HOLLY PIKE B CARLISLE I PA 17013 by handing to MIDON MCCAUSLIN a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00./ C}w. ,,/ /'1/"" Sworn and Subscibed to So Answers: . ..,,~ /.:,/ ~ ~~ (.4;~':>,;;>on*Aolr:..L . r ~/*:'!....7 . R. Thomas Kline - - - -- -- - - 06/15/2006 WELTMAN WEINBERG REIS By: Deputy Sheriff before me this day of A.D.