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Home My WebLink About06-5019 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. WADDELL K STEWART Defendant No: COMPLAINT IN CIVIL ACTION 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 05215153 C A Pit SGM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. WADDELL K STEWART Defendant Civil Action No 'I t"Sti1f 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: WADDELL K STEWART 45 WOLF BRIDGE RD CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number 4388641719599081 . 4. Defendant made use of said credit card and has a current balance due of $3487.86 , 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 25.900% per annum on the unpaid balance from August 17, 2006 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit I'll, 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 , WADDELL K STEWART , INDIVIDUALLY , in the amount of $3487.86 with continuing interest thereon at the rate of 25.900W per annum from August 17, 2006 plus costs. James r ro t,42524 WELT WEINBERG & REIS CO., L.P.A. 436 e enth Avenue, Suite 2718 Pit sb gh, PA 15219 (41 ) 4-7955 F 4 2-338-7130 05 15 3 C A Pit SGM This law firm is a debt collector atteWting to collect this debt for our client and any information obtained will be used for that purpose. 04 - To protect your tom keapaymeitwitnus,youneed Your account is delinquent. a We want to help! -4 We can help-but only if you call us. 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. j1 Call usl 1-800-479-7231 cu+m, CAPHalow VISA GOLD ACCOUNT 4388-6117-1959-9081 JUL 20- AUG 19, 2003 Page 1 of I Aocmmt Snmmay Payment, Cmdim and Adjustment, ft. R.I.n $1,858.41 Payroem; Ct irta and Adjumnenrs $AO Twt ban, Tmnnam« W.ao Rmme Chngm $41.94 1 21JUL OVERLIMITFEE $29.00 2 19AUG PASTDUEFEE 35.00 New B.I. %,961.35 Mini. Amaom D. $1,964.35 Your reToatto doe your accouvt he been reoimd. Your exoum wi0 be daed when it readies a 60 Wan«. Payment Dne Dm Scptcmbx 19,2003 Until the, yon wiH..fttx to rexte evomno.aad mmt mndmt to matte Py.. AB tams and ood'amm of the avaun wit] applywhik a bilanee mmum. Awe ememba to crayon ands and anal aU Trail Crede Live $1,500 du,ga which exorawboZy bill to pw e«ount Tod AvaiIWAe Credit $.00 Credit Line f« Cash $1,500 You wee ene ed a dm fee of $35.0 on 08/19/2003 becemn your minimum Payment Available C,eda f« Ch $.00 rcaeied by the dm date of 08/19/2003. To avoid th's fe t the fume, wx recommend that you allow n tart 7 buurcae days f« lour pymen m cache Capital One. Atymusavim To 00 CLtnme RLtivm w ro reywt •bn «mlm a,h 1-800-903-3637 S? peym.m m: Smd ineu tx Aox ... aP.o®ng C.pkd aw$ Capil One Sveim P.G. In 95147 P.G. Brat MOB "., ond.VA23T76 Ri .d.VA2 -5015 Important Account Ldomution Did You Know? Capin] One oHem am th njut adrt mud pmduae Wrth more than 47 o i0ion wxoune, Capad One provides vdo.M, 6nataal solution including aoto loam, p,.no loan, CD, money tnaket exouats and ,Moro- to an out ofevcry thra homes in the U.S. P'. Charges PLe.evrawrmaiJej i peetmtt??in??fapprnppm??uggn .pltitm .a. PURCHASES W U 25.90% CL71 CASH $919.53 25.90% $1O.D ANNUAL PERCENTAGE RATE applied this pedad 25.90% PLEASE RETURN PORTION BELOW WITH PAYMENT. QWiWGW 0000000 0 4388641719599081 19 1964350065001964354 New Bden« $1,964.35 Mi.. Amour D. $1.9t1.35 Paymem D. Date September 19,2M3 Tod endo.d $ A«9mn Numbs: 4388-6417-1959-9081 Pl.ov p:n.m+:c.4m.?d?..-w:r r4aYm ebm-v u.,. ud s+. n ARa Ham. Ho- Alxmm Rune - X9023295414636621$ MAIL ID M BER Capital One Bank 97ADDELL K STEWART P.O. Box 85149 6laal„l,l,ll"Alll c 1300 BIGELGW CT APT 2 Richmond, vA 23276 c HARRISBURG PA 17103-1102 h,Lh lhr,hlla 116,11„Jh„II„JL„Ih,,llrnlla,l L,attic„h,,Illlaedlm,dh,,IIIL,,,,Llll„t„LI„111 Patron nvitywaamaa a,waw.yae drat anwory«&r aadrpyabLm CaPiral OneBant meda9dia fdrnlda+ademNlOft r Q 2002 Capital One Services, Inc Capital One Is a federally registered service mark. All rights reserved. » ! ! ! release 8 o go ! U A 80618T Important Igodos: Your payment will be credited to your account as of the date we received, provided you send the bottom portion of this statement and your check in the enclosed remittance envelope, and your payment is received in our processing center by 3 p.m. Payments addressed to our Virginia or Georgia processing canter must be received on a business day by 3:00 p.m. ET. Payments addressed to our Washington processing comer must be received on a business day by 3:00 p.m. PT. Please allow at best five 151 business days for postal delivery. Payments received by us at env other location or in another form may not be credited the some day we receive them. Our business do" are kaondaythrcugh Saturday, excluding holidays. Please do not use staples, paper clips, etc. when preparing your payment. VERIFICATION The undersigned does hereby verify subject to of 18 PA. C.S. 4904 relating to unworn falsifications to authorities, that he/she is of / (TITLE) herein, that 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 an belief. (SIGNATURE) W WR# O ?)aj -S 1 1 ?.J r 4Q6 "t d N Tj ?1 SHERIFF'S RETURN - NOT FOUND CASE NO:, 200'6-05019 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK VS STEWART WADDELL K R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT STEWART WADDELL K but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , STEWART WADDELL K 45 WOLF BRIDGE ROAD CARLISLE, PA 17013 DEFENDANT IS BELIEVED TO BE LIVING IN STEELTON. Sheriff's Costs: So answ Docketing 18.00 Service 4.40 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 37.40 WELTMAN WEINBERG REIS `IAIDG 09/19/2006 Sworn and Subscribed to before me this day of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. WADDELL K STEWART Defendant No. 06-5019 MOTION FOR ALTERNATE SERVICE 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 Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #05215153 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No. 06-5019 vs. WADDELL K STEWART Defendant PLAINTIFF'S MOTION FOR ALTERNATE SERVICE AND NOW, comes Plaintiff, by counsel, Weltman, Weinberg & Reis Co., L.P.A. and requests this Honorable Court to enter an Order allowing the Plaintiff to make service upon Defendant, WADDELL K STEWART, by certified U.S. Mail and Certificate of Mailing, addressed to 45 Wolf Bridge Rd, Carlisle,Pa 17013, averring in support thereof the following: 1. On or about AUGUST 29, 2006, Plaintiff filed a Complaint in Civil Action against Defendant to recover the unpaid balance due Plaintiff from Defendant in the amount of $3487.86. 2. When the Sheriff of CUMBERLAND County, Pennsylvania, attempted to make service of Plaintiff's Complaint on Defendant, the Sheriff was unable to do so, as evidenced by the Sheriff's return, a true and correct copy of which is attached hereto, marked Exhibit "I", and made a part hereof. 3. Upon receipt of the Sheriffs return of no service, Plaintiff conducted an investigation with the United States Postal Service to confirm the physical address of the Defendant. WWR #05215153 4. Pursuant to Plaintiffs request for information, the United States Postal Service confirmed Defendant's physical address of 45 Wolf Bridge Rd, Carlisle,Pa 17013, a true and correct copy of Plaintiff's Postal Request is attached hereto, marked as Exhibit "2", and made a part hereof. 5. Plaintiff conducted an online white pages search and was unable to confirm a current address for Defendant of 45 Wolf Bridge Rd, Carlisle,Pa 17013. 6. Plaintiff contacted the CUMBERLAND County Tax Assessment office, a representative from which could not confirm the Defendant's current physical address as 45 Wolf Bridge Rd, Carlisle,Pa 17013. 7. Plaintiff requested information from the Department of Motor Vehicles for Defendant and there are no vehicles registered to Defendant at 45 Wolf Bridge Rd, Carlisle,Pa 17013. 8. Based upon the foregoing, Plaintiff believes and therefore avers that Defendant is attempting to avoid service of process in the above-captioned matter and Plaintiff therefore seeks an Order of Court, pursuant to Pennsylvania Rule of Civil Procedure 430, granting Plaintiff leave to serve its Complaint on Defendant by alternative means. WWR #05215153 WHEREFORE, Plaintiff requests this Honorable Court to enter an Order pursuant to PA.R.C.P. 430(a), authorizing the Plaintiff to serve Defendant by Certified U.S. Mail and Certificate of Mailing sent to an address (45 Wolf Bridge Rd, Carlisle,Pa 17013) at which Defendant is presently receiving mail according to information obtained from the Post Office, or by allowing service by a competent adult. William"T. Molczan, E ire PA I.D. #47437 WELTMAN, WEI BERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #05215153 SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-05019 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK ?S-2? s?s3 VS (:STEWART WADDELL K R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT CTL'T.TT'DT T.TTTIT)VT.T. u but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT STEWART WADDELL K '1A I 45 WOLF BRIDGE ROAD CARLISLE. PA 17013 DEFENDANT IS BELIEVED TO BE LIVING IN STEELTON. Sheriff's Costs: So answ Docketing 18.00 Service 4.40 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 37.40 WELTMAN WEINBERG REIS 09/19/2006 Sworn and Subscribed to before me this day of , A. D. W ELTMAN, W EINBERG & REIS CO., L.P.A. WILLIAM T. MOLCZAN Attorney at Law 412.434.7955 Fax 412.434.7959 w m olcza n ?w eltm a n.com ATTORNEYS AT LAW 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 412.434.7955 www.weltman.com OF INNOVATION GROWTH + RESULTS October 3. 2006 Postmaster Carlisle. PA 17013 Request for Change of Address or Bozholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address (il'a borholder) for the following: Namc: Waddell K. Stewart Address: 45 Wolf Ridge Road Carlisle, PA 17013 BURLINGTON, NJ 609.914.0437 CHICAGO, IL 847.940.9812 CINCINNATI, OH 513.723.2200 CLEVELAND,OH 216.685.1000 COLUMBUS, OH 614.228.7272 DETROIT, M1 248.362.6100 PHILADELPHIA, PA 215.599.1500 NOTE- The name and last known address are required for change of address information. The name, if knovvn, and post office box address are required for boxholder information. The folloNving inflormation is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is -,waived in accordance with 39 C'FR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1 . Capacity ohrequester: William T. Molczan, Esquire, Attorney for Plaintiff, Capital One Bank 2. SutMite or regulation that empovkers me to serve process : N/A 3. Pic names ofail knkmit parties to the litigation: Capital One Bank vs. Waddell K. Stewart 4. Tic court in which the case has been or will he heard: Court of Common Pleas of Cumberland County 5. The docket or other identilvin;? number ifone has been issued: 06-5019 The capacity in which this individual is to be served: Defendant WARNING TI-11- SUBMISSION 01: FALSE. INFORMATION TO OBTAIN AND USE. CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE CrTLIER TI IAN 'l FIE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIUATION COULD RESULT IN C.`RIMINAL. PENALTIES INCLUDING A FINE OF UP TO S 10.000 OR IMPRISONMENT OF (2) TO AVOID PAYMENT OF THE FEE FOR CIIANU Ol: ;,\DDRI:SS INFORMATION OF NOT MOR1 TITAN 5 YEARS. OR BOTI I (TITLE 18 U.S.C. SECTION 1001). 1 certify that the above information is true and that the address infiormation is needed and wrill be used solely for service of legal process in ConnCCtion with acuial or prospective litigation. / WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building _ 436 Seventh Avenue Wayne A.. ones Pittsbu_rf!h, PA 15219 FOR POST OFFICE USE ONLY BOXHOLDI::R'S POSTMARK Not known at address given. --moved. let! no iilrvvard address. No such address. No change ofaddress on lilc -- Oood as ;'lddresse.d 'LEASE INDICATE PHYSICAL ADDRESS N1'-V ADDRESS or NAME and STREET ADDRESS W W R#05215153 CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the within Motion for Alternate Service was served on the day of , 2006, by first class, U.S. Mail, postage-prepaid, addressed as follows: WADDELL K ST'EWART 45 Wolf Bridge Rd Carlisle,Pa 17013 Attorney for Plaintiff WWR #05215153 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK NO. 06-5019 Plaintiff vs. WADDELL K STEWART Defendant AFFIDAVIT PURSUANT TO PA R.C.P. 430 (a) BEFORE ME, a Notary Public, in and for the foregoing County and Commonwealth, personally appeared William T. Molczan, Esquire, of Weltman, Weinberg & Reis, Co., L.P.A., attorneys for Plaintiff, and deposes and says that the following accurately reflects efforts made to ascertain the exact whereabouts of Defendant named in the above-captioned matter. a. Plaintiff requested current address information from the United States Postal Service, which request for information confirmed the current address for Defendant as being 45 Wolf Bridge Rd, Carlisle,Pa 17013. A true and correct copy of the Postal Service Return is marked Exhibit "2" attached hereto and made a part hereof. b. Plaintiff requested a vehicle search on the Defendant, which shows that the Defendant does not have a registered vehicle at 45 Wolf Bridge Rd, Carlisle,Pa 17013. WWR #05215153 Finally, Affiant deposes and says that after the foregoing investigation, the exact whereabouts of the Defendant, WADDELL K STEWART, is 45 Wolf Bridge Rd, Carlisle,Pa 17013. WELTMAN, WEINBERG & REIS, CO., L.P.A. ire u William T. Molcza20/1 PA I.D. 447437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 Sworn to " nd ubscribed before me this da of December, 06 N ary a? E P 6V W W WR #05215153 DEC $12006 ,4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No. 06-5019 vs. WADDELL K STEWART ORDER OF COURT AND NOW, to-wit, this I `Ah day of V2r(.t«? %Y , 2006, upon consideration of the foregoing Motion for Service of the Complaint Pursuant to Special Order of Court and attached supporting affidavit, it is hereby ORDERED, ADJUDGED AND DECREED, that the service of the Complaint in Civil Action may be made on Defendant, WADDELL K STEWART, by permitting the Plaintiff to mail a copy of the Complaint to the Defendant the last known address being 45 Wolf Bridge Rd, Carlisle,Pa 17013 by Certified Mail and by Certificate of Mailing Postal Form 3817, postage prepaid. Service to be completed upon mailing. BY THE COURT: r~.? -TI C_) rIZ ? _. - ltd ``_ r`rt 7a 1 < 5 WWR #05215153 mT THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I CIVIL DIVISION WADDELL K STEWART h DlOcnd4w I No, *-5019 PRAECIPE TO REINSTATE COMPLAINT FILED ON BEHALF OF I'I?.inti?f COUNSEL OF RECQRD OF THIS PARTY: JAMES C WARi1409QPT, ESQrIRV, PA I.D. #42524 WELTMAN, WEINBERG ? REIS, CO., L,P.A, 2718 Koppers Building 436 Seventh Avenue Pittsburgh, FA 15219 (412-) 434.7955 WWR#05215153 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY.. PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BAND. Plaintiff VS. WADDELL K STEWAR` Defendant Civil Action No. 06-5019 PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By: JAMES C IvSBRC PA I.D. # 52 WELT N, 'EINBE 2718 ppers uilding 436 S vnt11 A? e?ue Pitts urgli, A 15219 (41 ) 43 7955 & REIS CO., L.P.A. W WR #0515153 'tX' rri ? f 0 9 1 "1^y `vim t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. WADDELL K STEWART Defendant No. 06-5019 AFFIDAVIT OF SERVICE OF COMPLAINT 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 Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05215153 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. WADDELL K STEWART Defendant No. 06-5019 AFFIDAVIT OF SERVICE OF COMPLAINT Before me, the undersigned authority, personally appeared WILLIAM T. MOLCZAN, Esquire, who, being duly sworn according to law, deposes and says that on MARCH 20, 2007, he did cause to be sent to Defendant, WADDELL K STEWART, Plaintiff's Complaint by Certificate of Mailing Postal Form 3817 and on MARCH 20, 2007, he did cause to be sent to Defendant, WADDELL K STEWART, Plaintiff's Complaint by Certified Mail, Return Receipt requested, directed to the Defendant at his last known address of 45 WOLF BRIDGE RD CARLISLE,PA 17013 . True and correct copy of Plaintiff's Certificate of Mailing PS Form 3817 is attached hereto, marked as Exhibit "1" and made a part hereof. Furthermore, true and correct copy of Plaintiff's Receipt for Certified Mail is attached hereto, marked as Exhibit "2" and made a part hereof. As the Order of Court states, service is deemed to be perfected as of MARCH 20, 2007, the date of mailing. WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, Esquire PA I.D. 447437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 Sworn to and subAcribed before this day 9f - ' 2007. ARY PttISLIC WWR#05215153 dy L ; + t, sN Public I Ciby County 1 My Cc . zsi( J! -y 15, 2010 _. ,r ...4 of Notai A. U.s. Posrnl SERVICE CERTIFICATE OF YAU.IMG .Y 8E USM FOR DOMESTIC AND MTERNATKWL MAL. DOES NOT ReeeA+d womm w*ftg & Pas Co. L JL M 436 71h AwMWe 5 . `. pijj&ff- . pA 15219 A G rvrr??Vn (412) 434-7955 a. Pieta of w*M 1"I add weea iae ??? i C /? ? a3 ra 'rJ '' /737/ 3 , M Ji v ? Y S . PC ;:, n 3817 Jam iarv 9Mi !J /"j BIT m CERTIFIED MAILL., RECEIPT C3 (Domestic Mail Only; No Insurance Coverage Provided) U- i For delivery information visit our Yvebsite at www.usps.com c" CO WO b o C•ma•a Fee 2 • i (o ... ?` , C3 W po fk y?,• C3 (Endorsenlant Aid) S- 5+? / ?iY a3 y r;r A (E?edp18•OIatN Fee 'y0°rtlMd1 M,? ii fr'I ToW Postqp & Fees C3 or F0 F0 11? d?/ld 411, c/ _..?... -70J,3 C? _ - -? ? y ;0?3 i-11(?, , , , :lT (?J i„..? .. _ . ? ,'. ?-- ? I ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. WADDELL K STEWART Defendant No. 06-5019 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#5215153 Judgment Amount $ 4,456.10 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. II IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. WADDELL K STEWART Defendant TO THE PROTHONOTARY: Civil Action No. 06-5019 PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, WADDELL K STEWART above named, in the default of an Answer, in the amount of $4,456.10 computed as follows: Amount claimed in Complaint $3,487.86 Interest from AUGUST 17, 2006 TO SEPTEMBER 13, 2007 at the legal interest rate of 25.9% per annum $968.24 TOTAL $4,456.10 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: ttd/ / WILLIAM T. MOLCZAN SQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#5215153 Plaintiff's address is: c/o Weltman, Weinberg & Reis o., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 And that the last known address f the Defendant is: 45 WOLF BRIDGE RD CARLISLE,PA 17013 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Case no: 06-5019 Plaintiff VS. WADDELL K STEWART 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 Acct (SCRA), 50 U.S.C. App. § 521. Affiant further states that! based upon investigation it is the affiant's belief that the Defendant, WADDELL K STEWART 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, WADDELL K STEWART is not in the military service. Further Affiant sayeth naught. AFFIANT SWO 'N T AND SUBSCRIBED in my presence this day of ?? COMMONWEALTH OF PENNSYLVANIA NO ARY PUB I?Jn±a?iai 5 I r n r-.l1..? jlvania As. t. This law firm is a debt collectol attempting to collect this debt for our client and any information obtained will be used for that purpose. ?IIII I?? Request for Military Status Department of Defense Manpower Data Center Military StatusiReport Pursuant to thel Servicemembers Civil Relief Act 41 1 Page 1 of 2 SEP-13-2007 06:13:36 Last Name First/Mid le Begin Date Active Duty Status Service/Agency STEWART WADDEL 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. 00 )ut lot 414_ 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. §§ 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 cuff nt active duty status only. For historical information, please contact the Military Service SCRA pints-of-contact. See. http://www def$ensel.nk_mil/faq/ps/PC..0.9SLDR el..ink.mil/faci/Dis/PC..OgSLDR.html WARNING: This certific ,te was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 9/13/2007 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: LQKQRACVFD https://www.dmdc.osd.mil?scra/owa/scra.prc_Select 9/13/2007 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff WADDELL K STEWART Defendant(s) IMPORTANT NOTICE TO: WADDELL K STEWART 45 WOLF BRIDGE RD CARLISLE,PA 17013 Date of Notice: WWR#: 05215153 Case # 0 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 SIIRVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD TREET CARLISLE, PA 1701 (717) 249-3166 BY: 7; `u /XC4-w"4 ocoraYU.O?--- PATRICK THOMAS WOODMAN PA I.D. 434507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 00 IN THE COURT, OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff VS. Civil Action No. 06-5019 WADDELL K STEWART 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 (xx) Assumpsit Judgment in the amount of $4,456.10 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: PR ONOTARY (OR D UTY) 018 WADDELL K STEWART 45 WOLF BRIDGE RD CARLISLE,PA 17013 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 1-888-434-0085