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Home My WebLink About06-5014 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: oc. -561'1 eu~(T~ vs. COMPLAINT IN CIVIL ACTION MARILYN K LORI 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 05215025 C A pit voc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No MARILYN K LORI 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: MARILYN K LORI 407 MEADOW DR CAMP HILL, PA 17011 3, Defendant applied for and received a credit card bearing the account number 4305722105430899 . 4. Defendant made use of said credit card and has a current balance due of $2009,36 , as of August 12, 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 25.900% per annum on the unpaid balance from August 12, 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 , MARILYN K LORI , INDIVIDUALLY , in the amount of $2009,36 with continuing interest thereon at the rate of 25.900\ per annum from August 12, 2006 plus costs. C, Warmbrodt,42524 EL ,WEINBERG & REIS CO., L,P.A. 36 Seventh Avenue, Suite 2718 Pi sburgh, PA 15219 (4 2) 434-7955 F : 412-338-7130 5215025 C A Pit VOC 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 "'" CapItaIOne' Why dO~~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 goa1s such as buying a new car or owning your own bome are facilitated by good crediL . Credit Bureaus keep infonnation on your record for up to ten years so a credit problem history can follow you around for a long time. 002-1001 C:apIf....One' PLATINUM VISA ACCOUNT 4305-7221-0543-0899 ]UN os - JUL 004, 2003 Pagelofl &count Summar,. Previout &lance ~DlI, CredibaodAdjultlnentl TralllEtioOl Finance Charges N_ JloWa MinirournAmOQ.nt~ Paymeut Due 0- TomICreditLine TotaIAwilableCredir: CreditLineforCuh Avai1abIeCreditforCuh Payments, Credits mdAdjunmeIltl 1954.26 1.00 ....00 121.15 11.039..41 '1,039.41 _".2003 ISOO 1.00 ISOO 1.00 T-... 1 05JUN OVERlJMlTFEE 2 O.fJUL PAST DUE FEE "'.00 35.00 You wwe ~ I J*l: clue fee ofl35.oo on rnlO4l1lX1J beamIe)'OlD' minimum payment _ lIlll: receMd by the clue dmof07lO412OO3. To awid dUlCet in tbefuture. werecommeoo thltyou. :d1awat1eaat7bosine.daysfor)'OlD'pcymen1:torachCapit:a10oe. At}'OUlsenice T.Clll.o-~OI'.nport.Jo.tOlrRio&eacard: 1-800-903-3637 F<<fnoonlincaa:owd.............fopa::iol_&..Losoe.lo: _.~..... ScDoip'r-to: Atm:R.ittaDclP~ Clpiralo..s.m- P.Q.Bc.l5H7 tu.:hmond, VA 23J76 Sa:I~to: C.ptolOa.Sonbo P.O.BoI:I5lIU Ridnoad, VAms5.S015 EXHIBIT I I F_CIwp PI-1.NN'I,.siMjJrj~i~ ~ -.. ...... ~ 00f~ "I1iid'" .. ~ PURCHASES ...,.., ...- ".- """ CASH MS.ll ...- ".- U. ANNUAL PERCENTAGE RATE sf>pIi<d thio palod 25."'" T PLEASE RETURN PORTION BELQWWlTH PAYMENT. ... o.,AlcJOne' 0000000 0 4305722105430899 04 1039410015001039411 11.039.41 '1.039.41 .- ",.. Aupt: 04, 2003 o. .- ZIP I HOlll.Pbon. -..... 430S-'1211-DS43-8899 . .."...... Pft_;riIIlfMifitrt.a-....v..I...il....,..,.....,H."HdJd. N_!looIeu MinimwI Amount Due ~o..o.., TobIencloeed hcoanr N1IDlber: ., Capital One Bank P.O. Box 85147 1.1111111.111I11.11111 Richmond, ~ 23276 Inl.lllll,ul.ll,ul.lll1l1u,llu,llu,II'lllllllllmllll.1 - - M _ : -- ~- :8iii 19018691780615446' MAIL IC NUMBER MARILYN It LORI 733 WALNUT STREET ASHLAND PA 17921-1836 11I,III,ull.IIII,',lu,IIUlIII..lullllllluullu,IIIIII'11 r PU.uwrit6Jf111T-' lI__f/IIII""'~'~(KMr__~toc.pitIliOru.&udIUUi-ni..thtnW-imwhp& 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, ~\ ~ V\ ..a ~ w - "'Q ).J ~ - ~ Ir\ ~ tit \) ~ 1- ~ Q. ~; ~ 9- ~t- ~ ~\~ r> ~ 9_~ V ~ ,-)1" . ~ 5 ;', <? "Si ~ J;;" ::.<. --<. ..0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff No. 06-5014 CIVIL TERM YS. PRAECIPE FOR DEFAULT JUDGMENT MARILYN K LORI 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.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#052 15025 Judgment Amount $ 2124.85 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. 06-5014 CIVIL TERM MARILYN K LORI Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, MARILYN K LORI above named, in the default of an Answer, in the amount of $2124.85 computed as follows: Amount claimed in Complaint $2009.36 l Interest from AUGUST 122006 TO NOVEMBER 1, 2006 at the legal interest rate of25.9% per annum $115.49 $2124.85 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: WILLIAM T, MOLCZAN, PA l.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05215025 Plaintiff's 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: 407 MEADOW DR, CAMP HlLL,PA 17011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Case # OCo- ~O/L/ -LllJ,} TerJIVI MARILYN K LORI Defendant(s) IMPORTANT NOTICE TO: MARILYN K LORI 407 MEADOW DR CAMP HILL,PA 17011 Date of Notice: WWR#: 05215025 to - LO --- 00J 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 1. D . WELT 2718 PITT !t ;' 7 BRODT, ESQUIRE 42524 WEINBERG & REIS CO., L.P.A. PPERS BLDG, 436 7TH AVE. URGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Case no: 06-5014 CIVIL TERM Plaintiff NON-MILIT ARY AFFIDAVIT vs. MARIL YN K LORI 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 III accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. S 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, MARILYN K LORI 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, MARlL YN K LORI is not in the military service. Further Affiant sayeth naught. wft-Y7~ AFFIANT SCRI~resence this -3 day .. COMMONWEAL'ft4 01" le>eNN5YLVANIA (;.,otaria\ Seal \NaynB A. Jones, Notary' Public City Of Pittsburgh. AiJenheny County My Commission Expires June 29,2010 Member. Penll\;vllJania 1'",soClatiQr. of Notaries This Jaw 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 1 of2 . . Department of Defense Manpower Data Center . Military Status Report · .. Pursuant to the Servicemembers Civil Relief Act NOV-01-200610:15:18 -<: Last Name First/Middle Begin Date 1 Active Duty Status .1 Servicel Agency LORI MARIL YN K 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. ~A ~-~ 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 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: bJID:/ /www.defenselink.mil/faq/pisIPC09SLDR.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 11/1/2006 Request for Military Status Page 2 of2 I r I ... by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: WETNYTDWSM https:/ /www.dmdc.osd.mil/scra! owa!scra. prc _Select 11/1/2006 () wC4. C 7d ~ ...0 . 1-' \t=- D (') c~ 0 ~ C c-;--:> -n ? 0-' 0- - --I -, ..^':,.......\" r ~ f- C\'c - I -n~~, ~ u:> ;~r~) t V3 ~ ".- <. ~ ~ "--;:0 ~ :;::;::. .:~: ~{; Crt ~ ~? ',j ::t.; - .~ 2 0) ~ ~ ,-1 - . /I ~. '. CAP IT AL ONE BANK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ( Plaintiff vs. Civil Action 106-5014 CIVIL TERM J MARILYN K LORI Defendant NOTICE OF JUDGMENT OR ORDER TO: () Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the fo \lowing order)[jor Judgment was entered against you on ~ au Q,20D6 (xx) Assumpsit Judgment in the amount of$2124.85 plus costs, () Trespass Judgment in the amount of$_ 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 BYfft~ PRO. ONOT, .. ) MARILYN K LORI 407 MEADOW DR CAMP HILL,PA 17011 Plaintiff's address is: c/o WeHman, Weinberg & Reis Co" L.P ,A., 2718 Koppers Building, 436 ih Avenue, Pittsburgh, P A ] 5219 1-888-434-0085 SHERIFF'S RETURN - REGULAR CASE NO: 2006-05014 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS LORI MARILYN K MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LORI MARILYN K the DEFENDANT , at 1702:00 HOURS, on the 19th day of September, 2006 at 407 MEADOW LANE CAMP HILL, PA 17011 by handing to MARILYN K LORI 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 18.00 14.08 .00 10.00 .00 42. 08 ~ '7/2 q!o/, 4- Subscibed to ?'~~~. R. Thomas Kline day 09/20/2006 WELT:,~G;IS ~ ~ ~iff before me this of A.D.