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Home My WebLink About06-6641 t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: Dlo -1.1c'-l1 C;UI,L ~"rJ vs. COMPLAINT IN CIVIL ACTION AMY E DIETZ 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 05413874 C A Pit BNT , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No AMY E DIETZ 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: AMY E DIETZ 609 16TH ST NEW CUMBERLAND, PA 17070 3. Defendant applied for and received a credit card bearing the account number 4106082088028264 . 4. Defendant made use of said credit card and has a current balance due of $2285.13 , as of November 02, 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 November 02, 2006 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "I" 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 , AMY E DIETZ , INDIVIDUALLY , in the amount of $2285.13 with continuing interest thereon at the rate of 25.900% per annum from November 02, 2006 plus costs. This law firm is a debt collector a tempting to collect this debt for our client and any information obtained will be used for that purpose. C. Warmbrodt,42524 , WEINBERG & REIS CO., L.P,A. enth Avenue, Suite 2718 urgh, PA 15219 2) 434-7955 . 412-338-7130 13874 C A Pit BNT VERI FICA TION The undersigned does hereby verify subject to the ~es of 18 P A" e.s. 4904 relating to unsworn falsifications to authorities, that he/she is rA., 'i ~fA.A. be) rl7 (NAME) of (}.p(:fttlft~-C , plaintiffherein, that (COMPANY) ~erl-- (TITLE) 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 hislher knowledge, information and belief. ~~ CJ} v (SIGNATURE) WWR# (:\ ~ ~ ~ e 1 ,...." 0 vt = ~ <.:;.::> ." c...... D -4 .......... ..~J!, * ::r:., ~ c; f11 ;== -..::: ~ ~ ---o--rrr: ~ 01 )s,r; .t::. f-' ,. ~ ~ -0 "-~~ ;~~5 1- CJ ::.'"jrrl ---~ ~~ (.:1 -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DiVISION CAPITAL ONE BANK, Plaintiff No, : 06-6641 CIVIL TERM YS. PRAECIPE FOR DEFAULT JUDGMENT AMY E DIETZ 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#054 I 3874 Judgment Amount $ 2405.12 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, : 06-6641 CIVIL TERM AMY E DIETZ Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, AMY E DIETZ above named, in the default of an Answer, in the amount of $2405.12 computed as follows: Amount claimed in Complaint $2285,13 Interest from NOVEMBER 2,2006 TO JANUARY 15,2007 at the legal interest rate of25,9% per annum $119,99 $2405,12 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.PA By: WILLIAM T. MOLCZA PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg, 436 Seventh A venue Pittsburgh, P A 15219 (412) 434-7955 WWR#05413874 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 th Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 609 16TH ST NEW CUMBERLAN D,P A 17070 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. Civil Action No. : 06-6641 CIVIL TERM AMY E DIETZ Defendant NOTICE OF JUDGMENT OR ORDER TO: Assumpsit Judgment in the amount of$2405,12 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 A ward Prothonotary AMY E DIETZ 609 16TH ST NEW CUMBERLAND,PA 17070 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ,CAPITAL ONE BANK Plaintiff Case # ()rP - tfttfl, 6Vt (1Ufl1 AMY E DIETZ Defendant(s) IMPORTANT NOTICE TO: AMY 609 NEW E DIETZ 16TH ST CUMBERLAND,PA 17070 ~(~ S/C?U07 Date of Notice: WWR#: 05413874 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. m~LESS 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 ~~Y 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 I WEL 271 PI BRODT, ESQUIRE #42524 , WEINBERG & REIS CO., L.P.A. PPERS BLDG, 436 7TH AVE. URGB, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Case no: : 06-6641 CIVIL TERM Plaintiff NON-MILIT ARY AFFIDAVIT vs, AMY E DIETZ 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, AMY E DIETZ 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, AMY E DIETZ is not in the military service, Further Affiant sayeth naught. AF!;!lf~ SWORN TO AND SUBSCRIBED in my presence this ~ day of ' 6(00 1 COMMONWEALTH OF , PENNSYl VANIA Wendy l ~ Seal City Of Pittsbu It, Notary Public MyCommissbnrgh, ~legheny (;oumy M ElCPires July 15, 2010 ember, Pennsylvania Association of Notaries 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 Page I of2 Department of Defense Manpower Data Center JAN-15-200712:20:43 . Military Status Report Pursuant to the Service members Civil Relief Act < Last Name FirstlMiddle Begin Date I Active Duty Status Service/Agency DEITZ AMY E 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, 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: http://www.defenselink.mil/faq/pisIPC09SLD R.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 1/15/2007 Request for Military Status Page 20f2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided, Report /D:BMKRQHPOOCE https://www.dmdc.osd.mil/scralowalscra.prc_Select 1/15/2007 ~ ~ C 7d ~ ~ t- o ~ D (') r----> - c.-:::) ~ - ~ ~; c::::.) --' ~ , <- ...,,',""::l- )....) -- ~ 4O'i'- \) - 1') ..c::. ~ .s::- ~ - -- ~ -0 ~ ~ 1:- 3: N 01 C) SHERIFF'S RETURN - REGULAR CASE NO: 2006-06641 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS DIETZ AMY E CPL RICHARD E SMITH , Sheriff or Deputy Sheriff says, the within COMPLAINT & NOTICE was served upo to law, Cumberland County, Pennsylvania, who being duly sworn acco DEITZ AMY E the DEFENDANT , at 1647:00 HOURS, on the 5th day of Dec 2006 at 609 16TH STREET NEW CUMBERLAND, PA 17070 by handing to AMY DEITZ a true and attested copy of COMPLAINT & NOTICE tog her with and at the same time directing Her attention to the conte s thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: )}If /61-}-_ ./ 18.00 14.96 .00 10.00 .00 42.96 ..~t~ R. Thomas Kline 00/00/0000 Sworn and Subscibed to By: before me this day of A.D. .. ;i