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HomeMy WebLinkAbout06-3810 , " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION . .., CAPITAL ONE BANK vs. No. 01- - .3;>/0 CllJ;(_<7-~ COMPLAINT IN CIVIL ACTION Plaintiff DIANA WEBER Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.PA 2718 Koppers Bldg. 436 Seventh Avenue Pittsl:>urgh, PA 15219 (1412)434-7955 VVVVR#05251931 \(;!;; f ,', :,::n~{V~ f IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. DIANA WEBER Defendant Ct,; 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 ; ;~~... r" I IN THE COURT OF COMMON PLEAS C,UMI3ERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. Ole. - 3PfD C~LL'-r&-.l DIANA WEBER Defendant COMPLAINT AND NOW COMES, Plaintiff, by and through its counsel, WELTMAN, WEINBERG & REIS, CO., LPA., and hereby files this Complaint against Defendant, DIANA WEBER, and, in support thereof, Plaintiff avers as follows: 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 201 E PORTLAND ST MECHANICSBURG,PA 17055. 4. Defendant requested the account and made use of said account and has currently a balance due and owing to Plaintiff, as of JUNE 28, 2006, in the amount of $ 1,658.56. 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, DIANA WEBER ,individually, in the amount of $ 1,658.56 with finance charges thereon at the rate of 21.15% per annum from JUNE 28, 2006, plus costs. _ . i).l'l 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~~ WILLIAM T. tOLC N, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#: 05251931 ,~, ';<'~, V'v "l;,i 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_rn... r/L,l 1.b (f) (NAME) ~~~ (TITLE) of CPI~! d;..e I7p",(< , 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 ofhis/her knowledge, information and belief. WWR#OL),}..S1cr 3' iV (::) -<Q. ~ 1 ~ - ~ ~ ~ v ~ ~ r r-~ r ;~~ ,,-,-~ L~ <..) 8 ~; II) [11 I e]1 ;:::>- C) C..-, ...... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No.: 06.3810 CIVIL TERM vs. PRAECIPE FOR DEFAULT JUDGMENT DIANA WEBER Defendant FILED ON BEHALF OF PlaintitT COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PAl 5219 (412) 434-7955 WWR#052I933I Judgment Amount $ 2,904.67 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.: 06-3810 CIVIL TERM DIANA WEBER Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, DIANA WEBER above named, in the default of an Answer, in the amount of $2,904.67 computed as follows: Amount claimed in Complaint $2,852.83 Interest from JUNE 28, 2006 TO AUGUST 21, 2006 at the legal interest rate of 21. 15% per annum $51.84 $2,904.67 TOTAL I hereby certify 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 J~: WILLIAM T. MOL ZAN PA 1.0.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR#05219331 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 201 E PORTLAND ST MECHANICSBURG,PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAP IT AL ONE BANK Plaintiff vs. Civil Action No. : 06-3810 CIVIL TERM DIANA WEBER Defendant NOTICE OF JUDGMENT OR ORDER TO: () Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following or~~~mr ,was entered against you on ~OOb (xx) Assumpsit Judgment in the amount of$2,904.67 plus costs. () Trespass Judgment in the amount of$____ plus costs. () Ifnot satistied within sixty (60) days, your motor vehicle operator's license andlor 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 DIANA WEBER 201 E PORTLAND ST MECHANICSBURG,PA 17055 Plaintilfs address is: clo Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building. 436 7'" Avenue. Pittsburgh, PA 15219 1-888-434-0085 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Case no: : 06-38 I 0 CIVIL TERM Plaintiff NON-MILIT ARY AFFIDAVIT vs. DIANA WEBER 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 111 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, DIANA WEBER 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. DIANA WEBER is not in the military service. Further Affiant sayeth naught. !d!!r~ SWORN TO AND SUBSCRIBED in my presence this "Z.--7 day o ..~+. ~i;)& COMMONWEALTH OF PENNSYLVANIA Notarial Seal HeidI. K~ly, Notarv ~lJblic City Of PlnSllYrgI1. Allegl;eny COlHlty i My CommisslO" E)(piras NOV. 4, ,. M~m:~,~r, p"'(lf'l!wlv~l'lia AMCCI3t;~~,~~> 1'>,1,',1'-;:;;'; 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 AUG-21-2006 09:21 :22 -< Last Name First/Middle Begin Date I Active Duty Status I Service/Agency WEBER DIANA 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. ~~. ~-~ Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, V A 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. #167;#167; 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://YfYlw.defenselink.mjILfaq/pis/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 8/21/2006 . 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:BQDVEHXEQPU https://www.dmdc.osd.mil/scralowalscra.prc_Select 8/21/2006 IN THE COURT OF COM~10N PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Case # 0& - ?~I 0 G'vi L Tu-,....... DIANA WEBER Defendant(s) IMPORTANT NOTICE TO: DIANA WEBER 201 E PORTLAND ST MECHANICSBURG,PA 17055 / ( g 1 ufo Date of Notice: WWR#: 05251931 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ~TTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FRQM 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 U,WYER, 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. WELT WEINBERG & REIS CO., L.P.A. 2718 K PPERS BLDG, 436 7TH AVE. PITTS JRGH, PA 15219 .. ,/ //. c 1 9- ~ ~ ~ t ~ -- ~ \ at ~ - (' b ~ ...0 o D ~ ~ o c; '<:;.. "'Tl i=r~ d~~ \: -/ .". ~ 0 C-::' .." o~ ~ M rt1p2 -0 -0'1" , ;.~~? 0"\ '.",e- -? ",'.- 6; ~'" r;:. ~ ~2 :; 2< ::<! 1') "L-i, ~:'@\?i ~:;\ ~ SHERIFF'S RETURN - REGULAR CASE NO: 2006-03810 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS WEBER DIANA TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WEBER DIANA the DEFENDANT , at 1322:00 HOURS, on the 12th day of July , 2006 at 33 E FACTORY STREET MECHANICSBURG, PA 17055 by handing to BARBARA WAGNER, SISTER 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: (~ 18.00 17.60 .00 10.00 .00 45.60/07/13/2006 '7 /J-~/O(, WELTMAN WEINBERG REIS _ <- By, ]~~~?~ Duty Sher' f r~~ R. Thomas Kline Sworn and Subscibed to before me this day of A.D.