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Home My WebLink About06-4947 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK n Plaintiff No• ~` ^ ~,~~ C..LU~~~~LYY1 vs. BETTY H MILLER Defendant COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05215382 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. ~~" 44y~ BETTY H MILLER 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENICES 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 is a corporation with offices in 6851 JERICHO TURNPIKE #190 SYOSSET, NY 11791. 2. Defendant is residing at 30 N MIDDLESEX RD, CARLISLE,PA 17013. 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 4388641945780596. 4. Defendant made use of said credit card and has currently a balance due of $2020.00, of AUGUST 21, 2006. 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 25.9& per annum on the unpaid balance from AUGUST 21, 2006. a copy of Plaintiff's Statement of Accounts is attached hereto, marked as Exhibit "1" and made a part hereof. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for judgment in its favor and against Defendant, BETTY H MILLER, INDIVIDUALLY, in the amount of $2020.00 with continuing interest thereon at the rate of 25.9 per annum from AUGUST 21, 2006 plus costs. J s C. Warmbrodt, 42524 W L MAN, WEINBERG & REIS CO., L.P.A 36 Seventh Avenue, Suite 2718 i tsburgh, PA 15219 12) 434-7955 AX: 412-338-7130 WWR# 05215382 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. 5~' «~ Your account is delinquent. We wantto help! i ~~~ ~ ~toc>9n VISA GOLD ACCOUNT 1388-6619-4578-OS% ~~~~. A¢omt Prevmus Balvnce 5920.33 Payments, Crediu and Adjum.nevn f.00 Tmoamom f58.00 Piname Cbaxga f19.09 New Balarce f997.37 Minimum Amoum Due 1997.37 Payn¢nt Doe Daze Apri107, 2003 Totil Cred'a Live f500 Totil Available Cmd'a f,00 Crcd'a Lik fm Cash f600 Avilable Cmd'a fm Cash f,00 Ai To aBQmwar Rd.ew. m ro repwt.lon w.tda ad: 1-800-903-3637 Fa, 6: ooGne a«wnt ,mic.od ,peial aum,ow aHm, rob m ta: www.apalovemm Sad p7mma t« Smd wgaid-m Ann: Raoimnx Pmm,ing CyaY OneSwim Caput O„e Saaim P.O.Bm 85117 P.O. Bra 65015 RsaAOnd VA232]6 Rsd,mond. VATa785-5015 Iv•ormn[ Acmuvt Infoavnrlon Fm awm in Spaniab, please mB (But) 929-8137. Pam cavido en Eepa0ol, pm fiver marque 800-929-8137. end, Caedim andAdwtmenn FEB 08 -MAR 07, 2003 Page 10( t Tntwctiom 1 OB FEB OVERLIMIT FEE t29.W 2 07 MAR PAST DUE FEE 29,Op Auto Rawl Ivavanm - Coverage for ro0irion damage a theft with tad pmduse ofamo mil. Caminxeetriraons and mndIDOm apply Wamnty Manager - Doubles manufietmu's wriven U.S. xepiu wamtny up to otN lea on wartantiee ofthx yearn m lea. Cemin reetriGioa end m,d'¢iom apply. Regiaa yom puxchaea by phone m odirc. Go m ww.vi®.cotmbevefna m mll 1-800-955-]070 vow fm complete beneRt i~ormarion. To protect your credit with us, you need to make a payment -j We can help-but only if you callus. -)When you call, you can make a free check-by-phone payment Return your account to good standing. It's up to you to take the first step. tau us! 1-800-479-7231 EXHIBIT Fearace Chftgef P! saammrNejw iaporten e i fe a ,a io n im F~ ~~ pA NN ~~ FF ~ ~ ~~+as CHARGE PuxcxASes wn.oe .a76a695 u.9ms fe.ba CABH 353L38 .070%% 25.90% f1056 ANNUAL PERCENTAGE RATE applied Zhu paiad • PLEASE RETURN PORTION BELOW WITH PAYMENT. ~~ 0000000 0 4368641945780596 07 0997370120000997379 ~~0~~~°f°~O~°'y ^'^O~'d°'d'~be/w, m.yblrwNaf wF New Belmm t99/.~ Mivimvm Amoum Due (997.37 so,a Peymem Due Data Apri107, 2003 Ae.• Gh bow ZIP Tvaal eorloxd f AmovmNombm 1388-6{19-6578-03% tiom. Prom awam Pro., - ~_ M9006728971592086Y MAIL ID NUMBER CaHital One Bank m ® 30 N MIDDLESE% AD P.o. Box esLd7 IILtdIm,LIa,L,JI Richmond, VA 23276 ~^ = CARLISLE PA 17013-1627 Iuldullualtllm,Lllmllmallndl„dlndlnA„d6ml ® LmIIImdlLnmllnRntJldlm,JJlnJ,dLIImtLLd Pleau xurifs you aroant amts onlae rbs6 w aunty vent n,a& pryadk ro Cafira! One Ban.F and aai7 is N e mrb,d rave( yr, 25.90% r VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. §4904 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 him by the Plaintiff because the Plaintiff is outside the jurisdiction of the court and the Plaintiff's 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. ti. O W `64. ~'t `^"'V~ l .`~t~ ~~r _r z~1?, _i. <' ,,;''.. 1= ..t G. G7 r~ .~ ^O G> ~.O ~~ i"!~ -~jt 7 '-7 T~ 1 ~~~~ ~jm ..~ ~J SHERIFF'S RETURN - REGULAR CASE NO: 2006-04947 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS MILLER BETTY H KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MTT,T,FR RFTTV u the DEFENDANT at 2120:00 HOURS, on the 18th day of September, 2006 at 30 N MIDDLESEX ROAD CARLISLE, PA 17013 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 18.40 / '~ Service 8.80 Affidavit . 00 Surcharge 10.00 R. Thomas Kline .00 36.84x' 09/19/2006 4~2~~~~ WELTMAN WEINBERG REIS Sworn and Subscibed to By: before me this day of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERL D COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. BETTY H MILLER Defendant No. 06-4947-CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA LD.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05215382 Judgment Amount $ 2127.50 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. J i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. Civil Action No. 06-4947-CIVIL TERM BETTY H MILLER Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, BETTY H MILLER above named, in the default of an Answer, in the amount of $2127.50 computed as follows: Amount claimed in Complaint $2020.00 Interest from AUGUST 21, 2006 TO NOVEMBER 4, 2006 at the legal interest rate of 25.9% per annum $107.50 TOTAL $2127.50 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. Weltman, 'nberg & Reis Co., L.P.A. 2718 Kopp 'Bldg. 436 Sevent Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05215382 By: WILLIAM T. ~ OLCZ ESQUIRE PA LD.#474 Plaintiff s address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`t' Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 30 N MIDDLESEX RD, CARLISLE,PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Case # C~~D~ ~~~{~ -~'tU1j ~~0~7 BETTY H MILLER Defendant(s) IMPORTANT NOTICE T0: BETTY H MILLER 30 N MIDDLESEX RD CARLISLE,PA 17013 Date of Notice : ~C~ '~~~~ " ~ ~ WWR#: 05215382 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: DAME PA I WEL 271 P T 'T /,. ESQUIRE ~. #42524 N, WEINBERG & REIS CO., L.P.A. OPPERS BLDG, 436 7TH AVE. URGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DNISION CAPITAL ONE BANK, Case no: 06-447-CNIL TERM Plaintiff vs. BETTY H MILLER Defendant NON-MILITARY AFFIDAVIT 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, BETTY H MILLER 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, BETTY H MILLER is not in the military service. Further Affiant sayeth naught. AFFIANT 1 SWORN T A SUBSCRI in m resence this( /', da P'1 ~~ ~~ Y p ~...L Y COMMONWEALTH OF PENNSYLVANIA ~~ ~~ Notarial Seal 'ARY PUBL Heidi ~. Kelry. Notary PubNC £~-i}'OfPittsb~ugh,AlleghenyCpUry pmmission Expires Nov. -., _„ M~;r ,;i~ , a~nsalvania Associatic.. _ ~~;,as 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 Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 NOV-04-2006 08:37:21 ~+t. Last Name First/Middle Begin Date Active Duty Status Service/Agency MILLER BETTY H 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. ~ r-~- 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_defen_selink.mil/faq/RislPC09SLDRhtm1 WARNING: This certificate was provided based on a name and Social Security number (SSN) provided hops://www.dmdc.osd.mil/scralowalscra.prc_Select 11/4/2006 ,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: WXYLEDPNVK https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 11/4/2006 ~ ~ ~ O ~" ~ C ~ ~ ~ ~ ~ ~ ~ -: I' {~~} L ~ ~ ~ ~~~ ~_ 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DNISION CAPITAL ONE BANK, Plaintiff vs. Civil Action No. 06-4947-CIVIL TERM BETTY H MILLER 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 .?,GU~o (xx) Assumpsit Judgment in the amount of $2127.50 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 c By: PROTH OTARY BETTY H MILLER 30 N MIDDLESEX RD CARLISLE,PA 17013 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 f ,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No. d~~ ~JQ~('Y l.. tc~~l~~~- I vs. BETTY H MILLER Defendant PRAECIPE TO VACATE JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt PA I . D #42524 William T. Molczan, Esquire PA. I. D.#47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412} 434-7955 WWR#05215382 Y~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. (~` - ~C~'r BETTY H MILLER Defendant PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR Kindly vacate the Judgment entered in the above case on December 1, 2006. WELTMAN, WEINBERG i~ REIS CO., L.P.A. By: Attorn Plaintiff 2718 app s Building 436 event Avenue Pitt burgh, A 15219 (4 2) 434-7 55 R#05 5382 lV {~~ V a .~ ~ --~1 ~ ~ ~ ~ ~ d ~ N Cif j- ~ m~ ~~ '' '~ ~ .K ~= x,,, ~~i =~ ~: `~ ~ ~~ N ~ --< ,~' - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No. Q`-,ygc{7 ~tu~~ ~-.~ vs. BETTY H MILLER Defendant PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE 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 WWR#05215382 ~-' ,a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. ~- yQy7 BETTY H MILLER Defendant PRAECIPE TO_SETTLE. DISCONTINUE AND END WITHOUT PREJUDICE l-O REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR Settle, Discontinue and End the above-captioned matter upon the records of the Court without prejudice to refile and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: Attorney for intiff 2718 Kop rs uilding 436 Sev th A enue Pittsbur , PA 15219 (412) 4 4-795 1 SWORN TO AND SUBSCRIBED before me this 1~~ day of , 2007 NO RY PUB C COMMAM SAL ~k,~ ~~ ~! ~~ ~'LIFANIA u ~Ql~i ., VVa~e /~ .lasa~~ f~i~~Y ptil~lc ~ Qt Pl~a4ur~b. ~I~v -~ MY fbPnn°d ~ ,iu~a 2A. $010 Member, PannayfvanG Asoociaiion of Notaries r.a -~ i-~a ~' ~_ ~ ~~ ~,w -: , ~ .F- ' ..~'" t,~ ~ ~~ c'T ~' ~_ ^'