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Home My WebLink About06-7040IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintif f No c Cj`p _ 7d i/_~ /1, ` _ _~ COMPLAINT IN CIVIL ACTION RENEE S WELLS 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 05527967 C N Pit DKB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No RENEE S WELLS 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 140 EAST SHORE DR GLEN ALLEN VA 23059 . 2. Defendant is adult individual(s) residing at the address listed below: RENEE S WELLS 4600 WARRINGTON AVE APT 2 MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card bearing the account number 4862362434076215 . 4. Defendant made use of said credit card and has a current balance due of $1932.19 as of November 10, 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 10, 2006 A copy of Plaintiff's STATMENT is attached hereto, marked as Exhibit "1" and made a part hereof. r 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 RENEE S WELLS INDIVIDUALLY in the amount of $1932.19 with continuing interest thereon at the rate of 25.900% per annum from November 10, 2006 plus costs. Jam s C Warmbrodt,42524 WE MAN WEINBERG & REIS CO., L.P.A. 4 6 Sev nth Avenue, Suite 2718 'ttsb rgh, PA 15219 412) 34-7955 FAX: 12-338-7130 055 967 C N Pit DKB This law firm is a debt collector a~ mpting to collect this debt for our client and any information obtained will be used for that purpose. ~' peoplepcrM online u Abetter way to Internet. ~ ~ r./ • .. 1-ss$-sTR~rNOw (,-ses-see-~eesf • • ~ Mention Offer Code: GOLD Visit: www.Peoplepc.com/go/gold Spatial Prkae furCap/ta/ Ong CanMpl~l CaplitalQy~• Account Summary PreviousBelance 51,371.54 Paymarts, Credits and Adjustments f.Op TransacUOn3 538.00 Finance Charges 529.50 New Balance SI,439.04 Minimum Amount Due 51 439.04 Payment Due Date , Arq;ttst 13, 2005 Total Credit Line SI 000 Total AvailableCredit f 00 Credit Line for Cash . S 1000 AvailableCredit for Cash S ~ At your swice To cellCustomdRdationarto repore lostorstoleteard: 1-8(10-903-3637 Sendpaymentlo: Seodinquirieb: Attn: Remittanc8rocessing CapitalDneBank Capitapne P.O. Botf/90216 P.O. BoXi0285 St.LouisM063179-0216 SLC,UT84130-0285 ------- Finance Charges Pleaseseceversaideforimportan[information ° Balanctate applietb Periodic Corresponding t FINANCE ~ CASHHASES 51,385.84 ra e APR .070%X 25.90% CHARGE 529 50 s.oo .mo96v. zs.9ox . s.oo ANNUAL PERCENTAGE RATE applied this period 25.90Y • PLEASE RETURN PORTION BELOW WITH PAYMENT ~, 0000000 0 4862362439076215 14 1439040060001439047 New Balance SI 439.04 Pleasprinanailinsddresttd/oe-maiEhangdelossuin~lurorhlaclmk. Minimum Amount Due Sl 439 04 Paytnent Due Dale . August 13, 2005 Street APtp Total endosed q City State 23P Account Ntanber 4862-3624-3407-6215 HomiPhone AltanaDhone EmaiA dress N9019699968751511N MAIL ID NUMBER Capital One Bank RENEE S WELLS P.O. Box 790216 Itlulnltlnltltirltl a ~ 86 W WALNUT ST APT C St. Louis, MO 63179-0216 e ~ DALLASTOWN PA 17313-1022 Irllrtrrllrrttl~ltrrlltltrllrtrtrlrltrtlltlittr~tllrllrtlr,ltl Pleasewriteyouraccounhumbaon yourcheckrcmoneyadermsdepayabletoCapital OneBankmd mail in themcloseinvdope. PLATINUM VISA ACCOUNT 4662-3624-3407-6215 UNLIMITED ERNET ACCESS PeoplePC Online offers all the features you would expect from higher-priced Internet service providers, including: ® Virus Protection txNrared by symardecTM ® Pop-up BloCkerTM Spam Controls ®~ Smarter Smart Dialer Technoklgy ~ ~ More Email Addresses ®~ Internet Call Waiting JUN I S - lUL 14, 2005 Page 1 of 1 Payments, Credits and Adjustments Transactions 1 14 JUL CAPITAL ONE MONTHLY MEMBER FEE 2 14 JUL PAST DUE FEE S3.00 35.00 You were assesseda past due fce of 535.00 on 07/14/2005 becauseyourminimum payment was not receivedby the dm date of 07/14/2005. 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"" piglttt • PeoplePO Online era ps logos are hadernarke «PeoplePO M the US. era o Zo os capimt ors sa~vi~ea. aa. CaPpd One e a feUarapy regislera0 sevice mark Ap fights reserved. ~ g N N t ~~I ~bN VERIFICATION CAPITAL ONE BANK vs WELLS, RENEE S 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, HENDERSON W MCKENZIE II, 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 of his/her knowledge, information and belief. -.:iu1.EY TURNER MolYy PrbMO. D~kaN Counly, O~yia MY Commieat~m '.xplr+~ .lannaly 1il. 2009 4862362434076215 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 1 ~ ~ ~ ~J \ l~~ ^ ~-._ a° q cr ~~, TJ ~,1 - ~ ~ ~ _lf : ~. _ ~_ r; ~.. - ' ±~ i_.i ~ ~ 1 ( "f ~~~ ~i-. r Ie& r .~a ..... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK. Plaintiff vs. RENEE S WELLS Defendant No.: 06-7040 CIVIL PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA LD.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#05527967 Judgment Amount $ 2041.87 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK., Plaintiff vs. RENEE S WELLS Defendant TO THE PROTHONOTARY: Civil. Action No.: 06-7040 CN1L PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, RENEE S WELLS above named, in the default of an Answer, in the amount of $2041.87 computed as follows: Amount claimed in Complaint $1932.19 Interest from NOVEMBER 10, 2006 TO JANUARY 29, 2007 at the legal. interest rate of 25.90% per annum $109.68 TOTAL $2041.87 l hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237. ] on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: ' WILLIAM T. MOL AN, 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#05527967 Plaintiffls address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`F' Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 4600 WARRINGTON AVE APT 2 MECHANICS:BURG,PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. Civil Action No.: 06-7040 CIVIL RENEE S WELLS 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 $2041..87 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: PRO NOTARY (O P T ) RENEE S WELLS 4600 WARRINGTON AVE APT 2 MECHANICSBURG,PA 17055 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7~' Avenue, Pittsburgh, PA 15219 I -888-434-0085 TN THE COURT OF COA"IMMON ?LEAS Oi.~I~lBER.I,ANI3 GOtaNTY, PENNSYLVANIA CIVIL DIVISIf3N CAPITAL ONE BANK F1a~ntifF T2ENEE S WELLS Defen~'ant (~) IAgI?ORTANT NOT7:CE TO: RENEE S WELLS 4600 WARRINGTON AVE APT 2 MECHP,NICSB~,TRG, PA 17055 Dat@ of Noi~ice: ~ ~~ Vv'WR#: 05527967 Case # LN1 ~ ~~ c~ l YOU ARE IN DEFAULT BECAUSE YOU HAVE F?~ILED TO ENTER A Vr'RITTEN 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 P_ LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION' ABOUT HIRING A LAWYER, IF YOU CANATOT AFFORD 'I'O HIF2.E 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 CUr1BERLAND COUNTY BAR ASSf.)CIA'I'ION 32 SOUTH $EDFORD STREET CARLISLE, PA 17013 {717) 249-3166 B~F ; / JAMESf1V+T BRODT, ESQUIRE PA .D, #4254 WE WEINBERG & REIS CO., L.P,A. 27.$ O~?PERS BLDG, 436 7TH AVE. P ~T $URGH , P~,, 15 27.9 4- IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Case no:: 06-7040 CIVIL Plaintiff vs. RENEE S WELLS Defendant NON-MLLITARY 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 Act (SCRA), 50 U.S.C. App. § 521.. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, :RENEE S WELLS 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, RENEE S WELLS is not in the military service. Further Affiant sayeth naught. I /? AFFIANT SWORN TO D SUBSCRIBED in my presence this ~ day 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. of r ~.; ~-~,, 1 :~i, ~ , NO RY PUBLIC ~ ~~ Request for Military Status .. 4 Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 JAN-29-2007 06:43:54 *~ Last Name First/Middle Begin Date Active Duty Status Service/Agency WELLS RENEE S 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 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 defe_n eltnk.m~l/faq/Ris/PC09SLDR.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 1/29/2007 Request for Military Status Page 2 of 2 V ' by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: BPPKEOGJHKO https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 1/29/2007 .G G ~+ ~ ,~-- ~ ~ ~ fi- w --~ ~- ° s a _ . _ ~~ ~~ ~ ~ ~ ~_ ~ ~~~ ~ ~ ~. r~~y' ~. - C L ~~ > ~ ~ SHERIFF'S RETURN - REGULAR CASE NO: 2006-07040 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS WELLS RENEE S TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WELLS RENEE S the DEFENDANT at 2050:00 HOURS, on the 15th day of December 2006 at 4600 WARRINGTON AVE APT 2 MECHANICSBURG, PA 17055 by handing to RENEE S WELLS 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 18.00 Service 9.68 Affidavit .00 Surcharge 10.00 .00 / 37.68 j, ~ ~- o °Z Sworn and Subscibed to before me this day of , So Answers: I R. Thomas Kline 12/18/2006 WELTMAN WEINBERG REIS By . --~.. _ Depu Sheriffi A.D.