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Home My WebLink About06-6970 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION plaintiff No, Ol.. -1o'I'TD (!lu~L'--rfJL~ CAPITAL ONE BANK vs. COMPLAINT IN CIVIL ACTION SANDRA K NEIDIGH 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 05528257 C N pit DKB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK plaintiff Civil Action No vs. SANDRA K NEIDIGH 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 100 EAST SHORE DR GLEN ALLEN , VA 23059 . 2. Defendant is adult individual(s) residing at the address listed below: SANDRA K NEIDIGH 5 MC DERMOND RD NEWVILLE, PA 17241 3. Defendant applied for and received a credit card bearing the account number 4862362500352102 . 4. Defendant made use of said credit card and has a current balance due of $1484.53 , 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 8.900% per annum on the unpaid balance from November 02, 2006 . A copy of Plaintiff's STATMENT is attached hereto, marked as Exhibit 11111 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 , SANDRA K NEIDIGH , INDIVIDUALLY , in the amount of $1484.53 with continuing interest thereon at the rate of 8.900% per annum from November 02, 2006 plus ,,~ Warmbrodt, 42524 MAN, WEINBERG & REIS CO., L.P.A. ~36 Seventh Avenue, suite 2718 /Pit sburgh, PA 15219 (4 ) 434-7955 : 412-338-7130 528257 C N pit DKB This law firm is a debt collecto our client and any information 0 to collect this debt for be used for that purpose. 1-888-5TRYNOW ~ (1-888-587-8888) ~ Mention Offer Code: GOLD VISit: WWW.peoplepc.com/golgold SpecIal Prlce for CspIIaI Of-' CIItdho/dtIfS/ CapifalOneo PLATINUM VISA ACCOUNT 4862-3625-0035-2102 ACCOlDlt Summary Previous Balance Payments, Credits and Adjustments Transactions Finance Charges Payments, Credits and Adjustments 003 UNLIMITED INTERNET ACCESS PeopIePC Online offers all the features you would expect from higher-priced Internet service providers, including: e Virus protection powered by Symav1leC'" o Pop-up Blocker™ @. Spam Controls t/IJP . Smarter Smart Dialer Technology t/IJP ~ More Email Addresses t/IJP. Internet Call Waiting - , . I ' ,,' " 5< faste. . P"oplePC , Online Accelerated JUN 22 - JUL 21, 2005 Page I of) Transactions 535.00 51,288.01 5.00 535.00 59.45 21 JUL PAST DUE FEE New Balance Minimum Amount Due Payment Due Date You were assesseda past due Coe of$35.oo on 0712\12005 becauseyour minimum payment was not receivedbythe due date oC0712112oo5. To avoid this Coein the future, we recommend that you allow at least 7 business days Cor your payment to reach Capital One. Total Credit Line Total AvailableCredit Credit Line for Cash AvailableCredit Cor Cash 51,332.53 51,332.53 August 20, 2005 51,000 5.00 5500 5.00 At your service To calICustomellelatiOll8rtorepor1alostorstoleR:lll'd: 1-800-955-7070 Sen~aymentliO: Attn: Ren1ittanefrocessing CapitaDneBank P.O.BoX790216 St Louis,M063179-0216 SencinquirieiO: CapitaDne P.O. Boxl0285 SLC,trr84130-0285 Finance Charges ~ PURCHASES CASH 8.90% ,------L- BalanCllllle appIielb 51.292.64 5.00 Pleasaseereverssideforimportantinformation P:~c COff$"ding ~.t:6€ .02438% 8.90"'" 59.45 .05425% 19.80% 5.00 ANNUAL PERCENT AGE RATE applied this period CapIfaIOneo " PLEASE RETURN PORTION BELOW WITH PAYMENT " 0000000 0 4862362500352102 21 1332530000001332536 Pleasprininailineddfl9lldlolO-mail:hang_lowsinll>lUOlrblacink. New Balance Minimum Amount Due Payment Due Date 51,332.53 51,332.53 August 20, 2005 Total enclosed Account Number: 4862-3625-0035-2102 .., === "'- g ~ - o ~~g~t~~x O~~O~~~k 1,1111111,1111111I1,11 St. Louis. MO 63179-0216 1,11""1111"111,,,11,1"11,"111.1,,,11,11,,",11.11,,1,,1.1 Street City Homi'bone ApUI ZIP State Allenullhone Ilil EmaiAddress #9020331728327368# MAIL ID NUMBER SANDRA K NEIDIGH 5 MC DERMOND RD NEWVILLE PA 17241-9776 r PleasewriteyourllCCOunbumberon yourcbeclormonO)OfdennadepayablEloCapital One Bankand mail in theenclosejnvelope. UNLIMITED INTERNET ACCESS .1-888-STRYNOW . (1-888-587-1"189) · . . Mention Offer Code: GOLD VISit: www.peoplepc.comlgolgold PeoIlIePC is solely __fo<1his offer. and is not allllia'ed wi1h CapltaI one. Capital one doeS no! provide, endorse or~" ond Is not_ed _ 81f'/ product or"'- shlwn herO. My _ monlIoned - 810 tole4\' owned by \he ~ onlI\'f. AI ~Is _. By responding to tills oller. you Il1O'/ be c:omnllnicallng information about yourseIIlO \he compo,,\, ht provides this product - for example. thaI you are a Capital 0l1e wstorne<. 'PoopIePC Online: Filst 3 months sre biIed at $4.97 per month: $9.96 per roonlh _sr. PeopIePC Online A<celenlted"': Fnt3...,ths In biIed at $7.47 per month: $14.95 permonlh lhenlafler. Ofter _to new_up _ at _18 yeors of age om ma'f no! be redeemed with 81f'/ other oil... Otter subject to change at 81f'/ ~me. l't1One ,_ support available for $1.95 per minute. tWIlh PeopIePC ""line _ed. certain Web page ,... om grapticS ,,;a load last", """" companld to standard dial-up 1nI..... _ Actual _1Tl8\' vsr;. PeopiePC Onl;no Accelol'ated Is on<y e<rr4>aIibIo with PeopIePC Online 1_ _ and specified W_ brow!eIS. PeoplePC ""line __ is no! compatible with Wi_ 95 with IE 5.5 SP2. _ nolIN_in 811..... Access I.... 1axOS. and _ _ and IOOtrictIOnS ma'f apply. TeIeIlh>ne tel chwlltS ma'f appl)'. INIIl ckrIng trial periods. 'Iou .. """""",Ible for __Iring _ . call to one of our accooa runberS ",iQ ... in teIephooa loR ch8IgeS. _ IN\' be imiIed. espedoII)' ckrIng limes of pook usage. DIaI-IlIl numbers ma'f be cl1anged at PeoplePC's _ion. Con,","""" use subject to .- procoduIos. All use is outJjecllO PeopIePC Online's _1qeemonlom AccoptabIe Use PoIIc\', 56K Is the me>cJnun ~ 01_: actua1 speed Il1O'/ VOI'f. 02005 PeopIePC Inc.'" RIg1ls ReseMd. pooplePC Online and Its logos ... _ 01 PooplePC In the U.s. and -- 02005 CoprtaI one _,Inc. CapltaI one Is. ~Uy "'918- _'De mark. All rights_. peoplepcN online "-..../ A better way to Internet. iiiiiii - - - - - - - 8 <; N S~i e:~1 ....oo.... - - - - - !g'~==P~=lto pra-v:t.":1I onyo ~un ~U!~~(l:e t us to . =agomstyo 'UbecrediUwaccolllIaSOfthOl>usin weroc;ojyJllmi'l. rov you~dthobo W\>llYIIIOIlS IlivoclnoE==.... 3p.m.ET((Z . .osllowatl.. >rlnllny ormnayn on recetv ossIays~ OIlP_!i~= us., S .YOU 'J1ZII$to oaon...u ~~1 I V }I11Jlpe I IDMdeeverllfsentbysomeonclse. tusmgme (a r teni. rizo . .. .. . .' .. VERIFICATION CAPITAL ONE BANK vs NEIDIGH, SANDRA K The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that he/she is, MAlSHA DAVIS, Authorized Agent, of CAPITAL ONE BANK, Plaintiff Herein, that he/she is duly authorized to make this Declaration, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best ofhislher knowledge, infonnation and belief. /)/1 ._, J/~- c----. . MAISHA DAVIS ~~~ MYRA PRINDLE Notary Public Gwinnett County Georgia My Commission Expires July 31st 2009 4862362500352102 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. ~ ~ '6<l t .~ ~ ~ CI? ~ fS D ~ ~ -U p: fi' b -I- ~ o c ....,.. ~. ~r:,; .L-_ _ ,~~ 2'"r" cO ;..."'C .,," ~C J;~ )> r-..) = = ~ C) fT1 n I 01 -0 ::r: Cv o -n ----t I" m- r- -0 iT': -11 CJ (~~~i (-~)rt-l :p! :n -< 8 <=> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff No. 06-6970 CIVIL TERM YS. PRAECIPE FOR DEF AUL T JUDGMENT SANDRA K NEIDIGH 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#05528257 Judgment Amount $ 1524.13 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. 06-6970 CIVIL TERM SANDRA K NEIDIGH Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, SANDRA K NEIDIGH above named, in the default of an Answer, in the amount of$1524.13 computed as follows: Amount claimed in Complaint $1484.53 Interest from NOVMEBER 2, 2006 TO FEBRUARY 20, 2007 at the legal interest rate of 8.9% per annum $39.60 TOTAL $1524.13 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. V By: t WILLIAM T. MOL PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 27 18 Koppers Bldg. 436 Seventh A venue Pittsburgh, P A 15219 (412) 434-7955 WWR#05528257 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: 5 MC DERMOND RD, NEWVILLE,PA 17241 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Case # ~- b C'(70 SANDRA K NEIDIGH Defendant(s) IMPORTANT NOTICE TO: SANDRA K NEIDIGH 5 MC DERMOND RD NEWVILLE,PA 17241 Ila4(6, I Date of Notice: WWR#: 05528257 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:~~~ PATRICK THOMAS WOODMAN PA 1. D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 ( tII ).) !f,.-? l/... 'ft4 1\' IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPIT AL ONE BANK, Case no: 06-6970 CIVIL TERM Plaintiff NON-MILITARY AFFIDAVIT vs. SANDRA K NEIDIGH 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 tn accordance with the Servicemembers' Civil Relief Act (SeRA), 50U.S.C. App. S 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, SANDRA K NEIDIGH 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, SANDRA K NEIDIGH is not in the military service. Further Affiant sayeth naught. 80fvJjlll()l~vIlEI-\ " ," " r L",', 'i Pi. i~I\J'-YJ v',- 'I," N .""'_.__.,;._:.,_0. c, ,~,,,;;,, , . , .. 0; ',' ~t:d: . - :J ", ~'IC ,I J. ,<. , Jr,rary P,)' ~"_\O )Ir'~, 'd' "gr" ~., MyCc r' '. v,.:, .', _,_ . 2~D9 Membey _ ~iles This law firm is a debt collector attempting to collect this debt for our client and any information obtained wi11 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 FEB-20-2007 06: 11 :31 < Last Name First/Middle Begin Date I Active Duty Status I Service/Agency NEIDIGH SANDRA 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 ofthe Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (VEERS) 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 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 current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://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/scral owalscra. prc _Select 2/20/2007 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:BUNWMCNZBVP https://www.dmdc.osd.mil/scralowalscra.prc_Select 2/20/2007 G 16 n ~ \. ....Q \t- . ~ 0 0 1"...) - c:> 0 ~ - ~ = -n -cJ ~ ~ ~ ~-n ~ rt 0' P- CO rnp ~ -om j oq N :60 -J .--'<- ; t ;:::{o ~ ~ D ~ --r' f. IS::} I ...,;~ -"co.C> ~ ~ +- <i? 2.~_P' r -"--I - ?E \.f.) .< IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. Civil Action No. 06-6970 CIVIL TERM SANDRA K NEIDIGH Defendant NOTICE OF JUDGMENT OR ORDER TO: () Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Or~~ydgment was entered against you on~ :J..7, ~C567 (xx) Assumpsit Judgment in the amount of$1524.13 plus costs. () Trespass Judgment in the amount of$_ 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 Prothonotary B~~ PRO~ ONOTA Y) SANDRA K NEIDIGH 5 Me DERMOND RD NEWVILLE,PA 17241 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 1-888-434-0085 CASE NO: 2006-06970 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS NEIDIGH SANDRA K JASON VIORAL , Sheriff or Deputy Sheriff of I ... .. .. ... .. Cumberland County, Pennsylvania, who being duly sworn acccltding to law, says, the within COMPLAINT & NOTICE NEIDIGH SANDRA K was served UpCif the DEFENDANT , at 1815: 00 HOURS, on the 27th day of Ded mber , 2006 ; at 3145 RITNER HIGHWAY NEWVILLE, PA 17241 RAY BOOSE, BROTHER IN LAW, by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE t0C11 ther with ... - - - ... ... ... and at the same time directing His attention to the contb ts thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge (~ i/;' '-i)o 7 Sworn and Subscibed to before me this of 18.00 15.84 .00 10.00 .00 ./ 43.84 day So Answers: ~~"~. "'1"~ _ _ 1"'/ .,_-,..,_ .7 ?~f-:"'f'~", ~~. ,c:: :~.... .~/ ..' -.: R. Thomas Kline , 12/28/2006 WELTMAN WEINBERG REIS By: r-\ - ----<~ L9 cty Shed, f A.D. ..