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HomeMy WebLinkAbout06-3263 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK VS. No, Of.. - ~ ",'-3 {!/(.-'J....~ ~ COMPLAINT IN CIVIL ACTION Plaintiff SARA J GANDY 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.PA 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 WWR#05215310 '>,<. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs, Civil Action No. SARA J GANDY 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. DI.:. - 3:(,(;;;.3 c.iu..C-r~ SARA J GANDY Defendant COMPLAINT AND NOW COMES, Plaintiff, by and through its counsel, WELTMAN, WEINBERG & REIS, CO., LPA., and hereby files this Complaint against Defendant, SARA J GANDY, and, in support thereof, Plaintiff avers as follows: , I 1. The Plaintiff is a corporation with its principal place of business located at P.O. Box 85147, Richmond, VA 23285. 2. Plaintiff is the owner of this account, which is the subject matter of this action. 3. Defendant is an adult individual residing at 55 CAVALRY RD CARLlSLE,PA 17013 . 4. Defendant requested the account and made use of said account and has currently a balance due and owing to Plaintiff, as of JUNE 2, 2006, in the amount of $3,425.29 . . 5. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, SARA J GANDY, individually, in the amount of $3,425.29 with finance charges thereon at the rate of 25.90% per annum from JUNE 2, 2006, plus costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. W LLlAM T. M LCZA ,ESQUIRE PA 1.0.#47437 Weltman, Weinberg & Reis Co., L.PA 2718 Koppers Bldg. 436 Seventh Avenue Piitsburgh, PA 15219 (412) 434-7955 VWVR#: 05215310 .03',' :,\r'~],J . j" ~ I .^.'''' "],,,.,,0., . . VERIFICATION The undersigned does hereby verify subject to the penalties of 18 P A. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is ~ O_fa... r/L-{ 1..10../11 (NAME) ~C1.o ~ of Ls'1p:kJ t...-<..- (J A./U,plaintiffherein, that \"- (TITLE) (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 lief. (SIGNATURE) ,-.- WWR# ~> J.1[31 D ~ ~ iQ... If\ \\. trl - (/\ f(j ~ "'V C> .-' ,,;;.-,.:. 0 "'I:) w ~~'.-,' -n ~ <:;r.... lw L~ .-\ -.() 0 ("" :J:-n ~ \11-p:::' --....s::. ..c I ~\~~8 - co :~j(.~), I.I'l t '""J -')" c.':) W ;-;'\"\ .L s-:l r :.J u~ .-< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPn AL ONE BANK, Plaintiff No. 06-3263 CIVIL TERM vs. PRAECIPE FOR DEFAULT JUDGMENT SARA J GANDY Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE P A I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#052153! 0 Judgment Amount $ 3544.39 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. 06-3263 CIVIL TERM SARA J GANDY Defendant PRAECIPE FOR DEF AUL T JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, SARA J GANDY above named, in the default of an Answer, in the amount of $3544.39 computed as follows: Amount claimed in Complaint $3425,29 tnterest from 06/02/06 at the legal interest rate of25.90% per annum $119.10 TOTAL $3544.39 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., LoP.A. By:M: WILLIAM T. MOLC N, ESQUIRE PA LD.#47437 Weltman, Weinberg & Reis Co., L.P.A. 27] 8 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05215310 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., LoP.A., 2718 Koppers Building, 436 7'" Avenue, Pittsburgh, PA 15219 And that the last known address ofthe Defendant is: 55 CAVALRY RD CARLISLE,PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Case # 0(,' S:z(P3CIIf,t..-"t~ SARA J GANDY Defendant(s) IMPORTANT NOTICE TO: SARA J GANDY 55 CAVALRY RD CARLISLE,PA 17013 -:;(1)6 (p Date of Notice: WWR#: 05215310 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 PA I. D WELT 2718 PI RODT, 42524 WEINBERG & REIS CO., L.P.A. PERS BLDG, 436 7TH AVE. GH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLV ANlA CIVIL DIVISION CAPITAL ONE BANK, Case no: 06-3263 CIVIL TERM Plaintiff NON-MILITARY AFFIDAVIT vs. SARA J GANDY 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. Afliant further states that based upon investigation it is the affiant's belief that the Defendant, SARA J GANDY is not in the military service. Afliant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, SARA J GANDY is not in the military service. Further Affiant sayeth naught. "~j-z- SWORN TO AND SUBSCRIBED in my presence this '!!i day ~~ .= - . R... NO RY PUBLl9" ~ NaIaIlII'" w.,. A. JcnII. NoIIIY PublIc CIIy 0I1'1111bl11j1, /IIifIitrfnI Co\IlIY Mv Cu..,oIIIIon ElqliI8I June 29, 2010 Member, _noylv8nIo ~ oINo18/1N 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 of2 Department of Defense Manpower Data Center .& Military Status Report .. Pursuant to the Servicemembers Civil Relief Act JUL-21-200607:26:37 -< Last Name FirstlMiddle Begin Date I Active Duty Status I Service/Agency GANDY SARA J 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, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. ~W~U-~ Robert J. 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 Servicemembers Civil Relief Act [50 USCS Appx. ~~ 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 strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person (e.g., an SSN, improved accuracy ofDOB, 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 current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://W.?!YY.defenselink..mil/faq(pjs/PC02.SLDR.hlml WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scralowalscra.prc_Select 7/2l!2006 Request for Military Status . Page 2 of2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:BSSPMBEAHCL https:llwww.dmdc.osd.mil/scralowalscra.prc_Select 7/2112006 ~ ~ ~ ~ +- 1t:- D _ 0 r- ~~-~J ~ ~ ~ ~ - lrr - 12- R rr-_--1;- r (J ~>:) l i'j f". :-;:1 . ,~.. ". . Ii: c11 ",Ci. " "-' " .. -< (-::') . . . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. Civil Action No. 06-3263 CIVIL TERM SARA J GANDY Defendant NOTICE OF JUDGMENT OR ORDER TO: () Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order ~~~d~mel: was entered against you on .:u:x>b (xx) Assumpsit Judgment in the amount of$3544.39 plus costs. () Trespass Judgment in the amount of$~pluscosts. () Ifnot 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 B'~U'~ PR HONO .--..-.-' SARA J GANDY 55 CAVALRY RD CARLISLE,PA 17013 PlaintiIrs address is: c/o Weltman, Weinberg & ReisCo., L.P.A., 2718 Koppers Building, 436 7th Avenue. Pittsburgh. PA t5219 1-888-434-0085 SHERIFF'S RETURN - REGULAR CASE NO: 2006-03263 P - - - ...... - COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS GANDY SARA J VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GANDY SARA the DEFENDANT , at 1106:00 HOURS, on the 13th day of June , 2006 CARLISLE, PA 17013 by handing to - .- .- ....... - at 55 CAVALRY ROAD - SARA GANDY 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 So Answers: ~ Sworn and Subscibed to 18,00 4.40 .00 10.00 .00 32.40/ 1. Ie;, 0(, <.~:, ~ . .. ........ ,,~., . , ~.;::.; '...,.~ R. Thomas Kline - .- - ...... - 00/00/0000 .- .- By: Dt:~e~iffY before me this day of A.D.