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Home My WebLink About06-4497IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. MICHELLE WESCOAT Defendant No. C?o - q'i q f ( l ,1, COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.#47437 Wellman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05253477 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. MICHELLE WESCOAT 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. MICHELLE WESCOAT Defendant Civil Action No. 01, - of 97 COMPLAINT AND NOW COMES, Plaintiff, by and through its counsel, WELTMAN, WEINBERG & REIS, CO., LPA., and hereby files this Complaint against Defendant, MICHELLE WESCOAT, 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 579 F ST CARLISLE,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 JULY 19, 2006, in the amount of $4,165.62. A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked as Exhibit 1" and made a part hereof. 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, MICHELLE WESCOAT , individually, in the amount of $4,165.62 with finance charges thereon at the rate of 20.65% per annum from JULY 19, 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 " let WILLIAM T. OL AN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR#: 05253477 eM Your account is delinquent. We wont to help! d -; To protect your credit with us, you need to make a payment. -j We can help-but only if you call us. When you call, you can make a free check-by-phone payment. Realm your account to good standing. Itas up to you to take the first step. cau usl 1-800-479-7231 Ow Aammt Perri. Sahara $5,8ass Payvenu, Cndlu and Adrykme. $.00 TtsOr¢ioru $5&00 pi. Charges $103.87 New B,1- $6,001.75 Mivimam Anaaat D. $6,004.75 Payment D. Dm March 03 2003 Tout Credit Line $5,000 Tout Av"r Credit S.00 Creak Lim for Cash $1,000 Avdshie Credit fm Caah $.00 Atymoetvla Ta ad Cluawoer Rides ar m repartelae armAa eark 1-800.903-3637 Fm 6eeedieeamaawvioe W,Pedal mteawaffae.108mra emrepealonewm Sadplamam: Saad iegdda m: AM: Raslema Pmwis$ Gpio10ae8adm, Gpd Oa Saim P.O. Bar U147 P.O. Rex 85015 Ridmoed,VA21]]6 Rieh-ad,VA251&5-5015 COLD MASTERCARD ACCOUNT JAN 04 - FEB 03, 2003 5291-1519-3165-7298 Page i of 1 Payments, Credits and Adjwtmmu Traum.dom I 04JAN OVERLIMITFEE $29.00 2 03 FEB PAST DUE FEE 29.00 EXHIBIT FwanteChatges P>rarmmvnexieeeferiarp ier wfanat y5i5mmat ? m ? tn CHARGE PURCFiASE4 $5,92198 A5 MP d1.66% $101$! /// CASH 400 a tP 20.65% x00 ANNUAL PERCENTAGE RATE appW duspenod 20.659$ PLEASE RETURN PORTION BELOW WITH PAYMENT. oe 0000000 0 5291151931657298 03 6004750150006004754 Pfmrprwr.,:fw2Wn..rlx...-.a(.A.y.,allaoauviLuil rt:i New BW. (6.004.75 Minimum Amomt D. $500/.]5 ? se.a A,* Faye ak D. Ate Mach 03, 2003 GO Sm T8 Total endosed f O H®.ye? n?mmRm AcraaarNumben 5291-1519-31654298 Capital One Hank P0. Box 65147 IIIn I.... u,idl Richmond, VA 23276 ladd.,1 Luh Ile„Idle IIa,.IIa,.IL,, Ih„IL„Ilualh,,l #9003595863191232 IL ID NUNBER MICHELLE NESCOAT 32 CENTER ST LOT 26 ro a? MOUNT HOLLY SPRINGS PA 17065-1730 ° ? L,dlludlha,Jh„LL„allha,la,Ildlu,ulJJln„Idl r Pleaae,vi'r armaat...he, eyawd ar aoag akr adspryabkie GSWal One Baal adaeil in Ns cad adenaalepe ® 2002 Capital One Services, Inc. Capital One is a federally registered service mark. All rights reserved. eaaaae asss? e? aaaa? 8 0 d v. to td. G a. a.?.w er rru a.r er aramr enmse Fem, Y..meu. We a ?a ro m.m eu,. err dr lose t,t sMaa mIe far Cngt Oro Rxduw N eudYmm emr aa}e d.ea MlV•V web UroerM me,m Mq.«bms.O•mbL we eve0-pem Il ym mwa «.man Mm ace awllM1 WP.pnvw YYpq m.xe wmtm.?Mar vents. «qym,maeoamm Me, he d d m 11 a t u . • wMCm Nw you Mn. mar mdmtlwu Ixw IdM b Ism m oenabr IM ladbl.e, entire ,Q, m d .m? m Y,m w n r 9 w a dpi mm. Wrtlnr m.laar.. N. mYlmw Yw?mmMY am wm•Nr0 x M M N rp 6.Imm,M Ym. Pwm.L n. •?mwx.Y Ise m0mr? 0m frme alai.mtmMM. Vxr M1.w 30 s a io e M ei um a W e .mmr mpm?? .m m i w.. 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M p 1w v mu se toam mr µyYV mamwn,wme«.m un «eamun eo.d axYMClemy.b md I ?r W ?b om Clmom,m mamim : t tb...« •mrv ro du.mb nm.w.•x •md.cmmb ri wp.rtn c Yv, d.bw Y«e mat 2•212.e b hea +vam, e?u?lx±?pei i.?u?b, N ..a?bgi«p ? r ? r?ml qm v a.M ..vow peoukre amp Mary omuNan: w m vh q m .M d wm mtlah.Mr m mmpmpnn pp rr S:V Ma. bM.Yy IaM.nNn emit of Cashel C.Pw N ddb iwrwd •1003 Ne H me ealw axeut Ml?ia bbma CmM1N On 01L0taAx b. 3 19601 Important Nod.: Your payment will be credited to your account as of the dace we receive it, provided you send the bottom portion of this statement and your check in the enclosed remittance enwlcpe, and your payment is received in our processing center by 3 p.m. Payments addressed to our Virginia or Georgia processing center must be received on a business day by 3:00 p.m. ET. Payments addressed to our Washington processing center must be received on a business day by 3:00 p.m. PC. Please allow at lose five 161 business days for postal delivery. Payments received by us M any other location or in another form may not be credited the same day we receive them. Our business days are Monday through Saturday, excluding holidays. Please do not use staples, paper clips, etc. when preparing your payment. VERIFICATION The undersigned does hereby verify subject to the allies of 18 PA. C.S. 4904 relating ` to unworn falsifications to authorities, that he/she is rig // (NAME) of ?14 dy`R- A"1? plaintiff herein, 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 belief. WWR# JS,A 5 3 y77 SHERIFF'S RETURN - REGULAR CASE NO: 2006-04497 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS WESCOAT MICHELLE SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WESCOAT MICHELLE the DEFENDANT , at 2040:00 HOURS, on the 29th day of August , 2006 at 579 F STREET CARLISLE, PA 17013 MICHELLE WESCOAT by handing to 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: So Answers: Docketing 18.00 Service 4.40 r Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 32.40,/ 08/30/2006 00q)-3-61n, WELTMAN WEINBERG REIS Sworn and Subscibed to By: 1 before me this day Deputy Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. MICHELLE WESCOAT Defendant No. 06-4497 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff 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, PA 15219 (412) 434-7955 WWR#05253477 Judgment Amount $ 4,358.32 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. 06-4497 CIVIL TERM MICHELLE WESCOAT Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, MICHELLE WESCOAT above named, in the default of an Answer, in the amount of $4,358.32 computed as follows: Amount claimed in Complaint $4,165.62 Interest from JULY 19, 2066 TO OCTOBER 9, 2006 at the legal interest rate of 20.65% per annum $192.70 TOTAL $4,358.32 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., L.P.A. By: 01,11,2 ?/? WILLIAM T. MOf,CZo, 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#05253477 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 579 F ST, CARLISLE,PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Case #f i U_-r,l MICHELLE WESCOAT De f e ndant (s) IMPORTANT NOTICE TC: MICHELLE WESCOAT 579 F ST CARLIS:I ?E, PA 17013 Date of Notice: a? - - 'NWR#: 05253477 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 TH-S 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 (71'1) 249-3166 BY: TAMES W RMBRODT, ESQUIRE PA I/D. 442524 WELTMA., WEINBERG & REIS CO., L.P.A. 2718 PPERS BLDG, 436 7TH AVE. PIT!TS URGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. MICHELLE WESCOAT Case no: 06-4497 CIVIL TERM NON-MILITARY AFFIDAVIT 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, MICHELLE WESCOAT 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, MICHELLE WESCOAT is not in the military service. Further Affiant sayeth naught. AFFIAN SWOR O AND SUBSC ED ' A?myesence thi ay of COMMONWEALTH OF PENNSYLVANIA Nota63? SPa! ;, Natary ubiic ndy L. Gn ld NRY PUBLI EW? PiB;_;Dur n, la4legneny County omrnissior, Expires July 15, 2010 Member. Pennsylvania Association of Notaries 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 Department of Defense Manpower Data Center Asubk. 4P Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 OCT-09-2006 13:13:53 ,< Last Name First/Middle Begin Date Active Duty Status Service/Agency WESCOAT MICHELLE 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. y6t 14 4A4-4(??_ Mary M. Snavely-Dixon, 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. #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 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 current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www_.defenselink.mil/faq/pis/PC09SLDR.htm1 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 10/9/2006 Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: OOHEZLGFJW https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 10/9/2006 i z w v .ca V co n IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. Civil Action No. 06-4497 CIVIL TERM MICHELLE WESCOAT 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 (!)t+ 21t p A?00(c (xx) Assumpsit Judgment in the amount of $4,358.32 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 PROOOONOTAR MICHELLE WESCOAT 579 F ST CARLISLE,PA 17013 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`F' Avenue, Pittsburgh, PA 15219 1-888-434-0085 ti ` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. MICHELLE WESCOAT Defendant No. 06-4497 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE & END FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Patrick Thomas Woodman, Esquire PA. I.D.434507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05253477 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 06-4497 CIVIL TERM MICHELLE W ESCOAT Defendant PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue and End the above captioned matter upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: Patrick Thomas Woodman, Esquire PA. I.D.#34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05253477 Sworn to and subscribed Before me the so a of OCTOBE 2007 NOTARY PUI?(.IC T7 I ll?,?rl6. CZ) ?_. 71 w t