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Home My WebLink About06-5012 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: D~ - ~C>IJ.., C;uLL~~ vs. COMPLAINT IN CIVIL ACTION EARL P GARMAN Defendant 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 05216327 C A Pit BXH ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. civil Action No EARL P GARMAN Defendant 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 COMPLAINT 1, Plaintiff, CAPITAL ONE BANK is a corporation with offices at 6851 JERICHO TURNPIKE #190 SYOSSET , NY 11791 . 2. Defendant is adult individual{s) residing at the address listed below: EARL P GARMAN 861 N MIDDLETON RD CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number 5291151722627732 . 4. Defendant made use of said credit card and has a current balance due of $2677.03 , as of August 17, 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 21.150% per annum on the unpaid balance from August 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, 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 , EARL P GARMAN , INDIVIDUALLY , in the amount of $2677.03 with continuing interest thereon at the rate of 21.150% per annum from August 17, 2006 plus costs. armbrodt,42524 , WEINBERG & REIS CO., L.P.A. eve nth Avenue, Suite 2718 burgh, PA 15219 ) 434-7955 F : 412-338-7130 5216327 C A Pit BXH 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. r)~'...._"l C:i i 002 CapItaIQne' Why dOl!~d it Count? . Employers check credit references before hiring new people. . Banks and leasing companies often base the interest rate they offer you on your credit rating. . Achieving life goals such as buying a new car or owning your own home are facilitated by good crediL . Creditllureaus keep information on your record for up to ten years so a credit problem history can follow you around for a long time. 002.1001 e:-plfalOne' GOLD MASTERCARD ACCOUNf S291-1S17-2262-7732 Aue 27 - SEP 26, 2002 Page1of1 A=unt Summuy -....... Paymeob. Credits and AdjumneDtl T..- FmaDCeChap Now....... Minimum Amount Due Paymeut Due Date TolIl Ctedit Line Total AwilabIeCredit CreditLioeforCub. A~ Credit for Cub. Paymonu,C..db>md_ '1,438.43 '_00 158.00 m.59 11,523.02 '1.523.02 0c:t0ber26,2002 11,000 '_00 '1,000 '.00 TfUIllCtioDJ 1 27 Aue OVERUMlT FEE 2 26SEP PASTDUEFEE 1>9_00 29.00 Atyour.erric:e Toc:oDC--~OI't6nport.iooIOI''''-= 1-800-903-3637 FOI'fr.onIiIIc_MrYice...,loperial_o8i:n,!otoavo: _.~COIlI .......- ~ AftlnR..ittuaoP~ Capiblo..Scroiao P.O. lka: 8S141 RichmoIld,VA,23276 Send ..... vo: C.ptIIOMScroic. P.O.lka:ISlI15 Ridamoooi, VA%D85-S015 EXHIBIT I PURCIIASIS CASH -- .,au. sc..." .00 n-Htr#WrR_pj.i"rtatj~ ": ",.... ~8l F1nan<c Cho.ps .as,,",P .'"""'. ,C"" 11.1,," "'-" .00 ANNUAL PERCENTAGE RATE oppIi<d th;o period 21.15% 535185 ." PLEASE RETURN POImON BELOWWlTH PAYMENT. ." ec.,.A,....One. 0000000 0 5291151722627732 26 1523020050001523027 N_R..l~-. Mi";onn... Amount Due ..,.,..,o.,c... Sl.S23.02 tl.S23.02 Oc:tober 26, 1002 PU-jwW.JJn.dJ-p.J-......,.u...".J.l.jiU o. s_ .... ZIP s_ TollII.eod<*li H...Pboooe ............ .., capital One sank P.o. Box 85147 Richmond. VA 23276 lul.lull'III.IIIIII.III1I1I1II1..,II"IIIIIIIIIIIII...111II1 - 19027024255185266. MAIL 10 NOMBER EARL P GARIWl PO BOX 1236 MT PLEASANT NC 28124-1236 1111111..11111111.1,1.111111I11..1.111111111111111..1111111.11 r =- :ri __ ~ - ~- Q - - PkwlwrUI5J91-1517-2J6J-77J2 m1:fOt11'0d w -.eywMr.... pttydkt(} c.pitlli 0Iu B-l1lNi-u ill t&mdsld~ VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. 94904 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 Plaintiffs 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 knowle e, information and belief. __--J ("') ~ ~ ~ \. ~ . ~ U1 - ~ '"'\) (") ,..., ~ = C c.) ~ tIl ",:."'" 0' ~:n ~.,.,.. ".. r ;"'--1 .c: c:: me- () G' -om ?- N :nCJ - 1- '-" S~6 ::t::Tl ..." -;4(=) ~- - --.-m c.: y: ~~ ~ .:=- ~ 0 SHERIFF'S RETURN - REGULAR CASE NO: 2006-05012 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS GARMAN EARL P KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon GARMAN EARL P the DEFENDANT , at 0019:44 HOURS, on the 13th day of September, 2006 at 861 NORTH MIDDLETON ROAD CARLISLE, PA 17013 by handing to EARL P. GARMAN, JR. a true and attested copy of NOTICE together with COMPLAINT and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 4.40 .00 10.00 .00 32.40/ 09/14/2006 i~1~~ ~ WELTMAN, WEINBERG & REIS to By: So Answers: ~~~ R. Thomas Kline Sworn and Subscibed before me this day of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff No. : 06-5012-ClV1L-TERM V5. PRAECIPE FOR DEF AUL T JUDGMENT EARL P GARMAN Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA LD.#47437 Wehman, Weinberg & Reis Co., L.P .A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR#05216327 Judgment Amount $ 2792.90 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. : 06-5012-CIVIL-TERM EARL P GARMAN Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, EARL P GARMAN above named, in the default of an Answer, in the amount of $2792.90 computed as follows: Amount claimed in Complaint $2677.03 Interest from AUGUST 17,2006 TO OCTOBER 10,2006 at the legal interest rate of25.9% per annum $115.87 TOTAL $2792.90 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.PA By: M WILLIAM T. MOLCZ PA LD.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh A venue Pittsburgh, P A 15219 (412) 434-7955 WWR#05216327 Plaintiffs address is: clo 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: 861 N MIDDLETON RD CARLlSLE,PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAP IT AL ONE BANK, Plaintiff vs. Civil Action No. : 06-50]2-CIVIL-TERM EARL P GARMAN 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 c:::>cI- :J l.t :tc;olc. (xx) Assumpsit Judgment in the amount of$2792.90 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 EARL P GARMAN 861 N MIDDLETON RD CARLISLE,PA 17013 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA ]52]9 1-888-434-0085 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Case # O~ -- YD I "J - Ci v,' ( '"'0- V1A/\. EARL P GARMAN Defendant(s) IMPORTANT NOTICE TO: EARL P GARMAN 861 N MIDDLETON RD CARLISLE,PA 17013 . I f 0 frOc. Date of Notice: WWR#: 05216327 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 W PA I.D WELT 2718 PITT BRODT, ESQUIRE 42524 , WEINBERG & REIS CO., L.P.A. PERS BLDG, 436 7TH AVE. RGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Case no: : 06-5012-CIVIL-TERM Plaintiff NON-MILITARY AFFIDAVIT vs. EARL P GARMAN 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, EARL P GARMAN 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, EARL P GARMAN is not in the military service. Further Affiant sayeth naught. tJdr;~ AFFIANT ' 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. D SUBSCRIBED in my presence this ~EALTH OF PENNSYLVANIA . J.ccx.. . Notarial Seal . Wendy L. Gault, Notary Pubhc ("au Of pittSbUrgh Allegheny County VO'l ,'- J Iy i 5 2010 My Commission Expires u~~__ Member, Pennsylvania Association of I'olotanes Request for Military Status Page lof2 Department of Defense Manpower Data Center . Military Status Report Pursuant to the Servicemembers Civil Relief Act OCT-17-200611:57:40 -oll( Last Name First/Middle Begin Date I Active Duty Status I Service/Agency GARMAN EARL P 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: htm~!!~,defens~link.mil/fl:lq!pis~CQ9BLI2R~tml 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 1011 7/2006 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:QYHPZLNRYS https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 1011 7/2006 c ;d ~ .La. ~ ~ -:-0 9- 0 r---.:> c.':.) 0 () c,;-j - ~ 0"' 1'1 {'{ ~ Cl .-4 (" f! C-:. :I'll ..t: --l m--- .. l'" -0 rn ~ ~ V'l (J\ ;)y -~{(;el ~ lI) ~ E -0 ~~2 ~} C> U) :;;: R: () f'-' :S,erl J;- ,---I 55 <..n -<.