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HomeMy WebLinkAbout06-6325 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No, Ol.. - t..2li duL ~"'1. vs. COMPLAINT IN CIVIL ACTION TERENCE M DOCKERY 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 05467616 C A Pit KEB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No TERENCE M DOCKERY 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: TERENCE M DOCKERY 3402 BEDFORD DR CAMP HILL, PA 17011 3. Defendant applied for and received a credit card bearing the account number 5291151677750174 . 4. Defendant made use of said credit card and has a current balance due of $2059.73 , as of October 11, 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 October 11, 2006 . A copy of Plaintiff's STATMENT 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 , TERENCE M DOCKERY , INDIVIDUALLY , in the amount of $2059.73 with continuing interest thereon at the rate of 25.900% per annum from October 11, 2006 plus costs. This law firm is a debt collector a our client and any information obta L.P.A. 2718 to collect this debt for be used for that purpose. 1 ~ "<l \ .~ CJ ,...., .......... ~ r- eo::> 0 r0 (f\ '-. r:-:,'j ~ ~~ en 11 ~ r;~ ' a --I I' (J II"l -; nl-- ~ ,- e." \1 fTl ~ p:: a ;~,}q .-~-i (~) ~ " ~) ~~~ -.'''''' ~ -1- -'~ c.) i:."J I'll -:,-:-' N ~D (--.) -< SHERIFF'S RETURN - REGULAR CASE NO: 2006-06325 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS DOCKERY TERENCE M JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DOCKERY TERENCE M the DEFENDANT , at 2023:00 HOURS, on the 15th day of November, 2006 at 3402 BEDFORD DRIVE CAMP HILL, PA 17011 by handing to TERENCE DOCKERY a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 24.64 .00 10.00 .00 52.64V/ ~ 1l.-/iJ~/C l. Sworn and Subscibed to So Answe<~~r~ ~ R. Thomas Kline 00/00/0000 By: ~ Sheriff day before me this of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPIT AL ONE BANK, Plaintiff No. : 06-6325 VS. PRAECIPE FOR DEFAULT JUDGMENT TERENCE M DOCKERY 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, P A 15219 (412) 434-7955 WWR#054676] 6 Judgment Amount $ 2201.50 - . THIS LA WFIRM 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 CAP IT AL ONE BANK, Plaintiff vs. Civil Action No. : 06-6325 TERENCE M DOCKERY Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, TERENCE M DOCKERY above named, in the default of an Answer, in the amount of $220 1.50 computed as follows: Amount claimed in Complaint $2059.73 Interest from OCTOBER 11,2006 TO JANUARY 16,2007 at the legal interest rate of 25.9% per annum $141.77 $2201.50 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. MOL PA LD.#47437 Weltman, Weinberg & Reis Co., L.P.A. 27]8 Koppers Bldg. 436 Seventh A venue Pittsburgh, P A 15219 (4]2) 434-7955 WWR#05467616 Plaintiffs address is: c/o Weitman, Weinberg & Reis Co., L.P.A., 27]8 Koppers Building, 436 ih Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 3402 BEDFORD DR CAMP HILL,PA 1701] IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIV]SION CAPITAL ONE BANK, Plaintiff vs. Civil Action No. : 06-6325 TERENCE M DOCKERY Defendant NOTICE OF JUDGMENT OR ORDER TO: () Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order pr Judgment was entered against you on ...J~,u .21.f, :J.OD7 (xx) Assumpsit Judgment in the amount of$2201.50 plus costs. () Trespass Judgment in the amount of$_ plus costs. () Ifnot 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 TERENCE M DOCKERY 3402 BEDFORD DR CAMP HILL,P A 17011 By: PROT, / Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 27]8 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P~NNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Case # .OCf -& ~:> TERENCE M DOCKERY Defendant{s) IMPORTANT NOTICE TO: TERENCE M DOCKERY 3402 BEDFORD DR CAMP HILL,PA 17011 Date of Notice: WWR#: 05467616 J~/J1! O(p 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 ,-"~----"".. ..... - "\/ .,,~ '\ ~ IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Case no: : 06-6325 Plaintiff NON-MILITARY AFFIDAVIT vs. TERENCE M DOCKERY 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. S 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, TERENCE M DOCKERY 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, TERENCE M DOCKERY is not in the military service. Further Affiant sayeth naught. NO SUBSCRIBE In my presence this Jl day . ~007. Request for Military Status Page 1 of2 Department of Defense Manpower Data Center . Military Status Report Pursuant to the Servicemembers Civil Relief Act JAN-16-200709:50:39 < Last Name First/Middle Begin Date I Active Duty Status I Servicel Agency DOCKERY TERENCE M 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: http://www.defenselink.mil/f~pi~tPCO~~SLDR.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_Se1ect 1/16/2007 Request for Military Status Page 20f2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:BMPPBBYDXLB https ://www.dmdc.osd.mil/scralowalscra.prc _Select 1/16/2007 t ~ ~ ~ r-~", ~ t:;::_';i c:~.::.) -.J () <- :1-:,-'" () :;;::: ~ ~ ", ......... ~ ~ ~ -0 .'-- ~ - ;' - -.... 0 ....... e..) () (;j ~ 0 :,;: ~ b ;J; ~ N -< ~ .............