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Home My WebLink About06-7074 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, FENNSYLVA,~TIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: o~ _ ~o~y c~~c~~~ vs. JEFFREY M WEISS COMPLAINT IN CIVIL ACTION 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 05468321 C A Pit DKB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No JEFFREY M WEISS 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: JEFFREY M WEISS 132 W PARK ST CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number 5178052178752438 . 4. Defendant made use of said credit card and has a current balance due of $5143.47 as of December 04, 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 December 04, 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 JEFFREY M WEISS INDIVIDUALLY in the amount of $5143.47 with continuing interest thereon at the rate of 25.900% per annum from December 04, 2006 plus costs. James C. Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 eve th Avenue, Suite 2718 Pit sbu gh, PA 15219 (4 2) 4-7955 F 4 2-338-7130 05 68 21 C A Pit DKB This law firm is a debt collector atn~t~5ting to collect this debt for our client and any information obtai ~ will be used for that purpose. i '.~ -~ , ,~ ~ ti ` ~ -_ ;~, __-•.°r'°-. asp s~-~:ra?c. ` •: -- ~ , Ff~EE e:ccexPrator ~ ~s, ,' F _~.. . ~~t C ~''.;~~ ~~~~t,~~.~~~1 5:-:, ,,:: I ; ~~ ~~~~ _, - - f=~:~ ~== -- r.- v.. J. r: LJi. ~. ` Sri" ~. __ -~ _. Yzl~tnczr, s. L. -:;I~a a~~a:~ dj~°rn~ent tion< - _. -..:. s_ .._ _ . .. OO~IC ---- - " ~ V ° . c_ -- s --- - - -- si,.. , s: Cc~pli~c3l~i~ ~' O~GGvGO 0 :^?8C~52i7875~4?,8 2? ~8h545~G'60G028b5451 - ----= :- f -~-.a=~ - __-. __------ -- ,,, ` ------------- i.:4 I t y i _ ___ __ _ - _ - - -- _. _ LIJ~ifI~;,,,LILJ;II L,LI..II:,.LII:;;LI[:.lI,,;IL~;II,;,(IJ~~iI„JIIJ;JIE:,,I _ _ _. rz - --_"-~ !:;;IILJJIIi,,,,:;I{:;itJJ~Jfi:Jll,L;I~JEJJI:;ERJ;:~IIL,l~I ,,~. ur~t~'n~irE~ INTERNET ACCESS ~~-~7-fib .._ , v,~~r, ar _,.c.c.m,. ga:do'ti i~~, ra. .~ ~ ~y:nr ~ ~..,.. ~:F - ~~ ,,,~, :, o~, ~~., j~ ~.,~. ~.> ,. ~, ~„, ~~ e _„ ,- r ~ .,, c i alp i i .. ~ ~ , s VERIFICATION The undersigned does hereby verify subject to the penalt' of 18 P C.S 4904 relating to unsworn falsifications to authorities, that he/she is G~ .. \ (NAME) of ~ ~- ,plaintiff herein, that TLE) (COMPANY) 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 and (SIGNATURE) .~ ~~ ~ 1.i~ ~ ~ ~ ~.~ ~ ~ ~~ ~.~ .T, ._: . ~ ~. F_rr J i ' E~ ~ ~) ~~ 1 -r ~"7 ~'7'; i`J J ~1 t< } --.„ ._ ~ ( ,' t ~^ i ..~~ C..~7 ~. j --C V r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs, JEFFREY M WEISS Defendant No.: 06-7074 CIVIL TERM 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 W WR#05468321 Judgment Amount ~ 5380.70 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.: 06-7074 CIVIL TERM JEFFREY M WE[SS Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, JEFFREY M WEISS above named, in the default of an Answer, in the amount of $5380.70 computed as follows: Amount claimed in Complaint $51.43.47 (nterest from DECEMBER 4, 2006 TO FEBRUARY 7, 2007 at the legal interest rate of 25.90% per annum $237.23 TOTAL $5380.70 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. ~ l By: IN WILLIAM T. MOLC N, 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#05468321 Plaintiff"s address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 132 W PARK ST CARLLSLE,PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. Civil Action No.: 06-7074 CIVIL TERM JEFFREY M WEISS Defendant NOTICE OF JUDGMENT OR ORDER TO: ( )Plaintiff (xx) Defendant ( )Garnishee You are hereby notified that the following Orde utlgment was entered against you on ~E~ a,7 ~ aoo 7 (xx) Assumpsit Judgment in the amount of $5380.70 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfed 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..HONOT JEFFREY M WEISS 132 W PARK ST CARLISLE,PA 17013 Plaintiff s 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 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL DIVISION CAPITAL ONE BANK Plaintiff vs. JEFFREY M WEISS Case no:: 06-7074 CIVIL TERM NON-MILITARY AFFIDAVIT 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. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, JEFFREY M WEISS is not in the military service. Affiant further states that this belief is supported by the attached certificate Patti Jo Bryner is not in the military service. Further Affiant sayeth naught. AFFI NT SWORN TO AND SUBSCRIBED in my presence this ~ day COMMUivtiVtA~ 1- ; :~~( ;='LivlV5~'~d ^",~ " +~' ~ ' ~'d~ ary ~'' ~_ .__, ~'_ ~.' ~~~. ~,~ a ~, ~lle.:..h,v. c, _.,es 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. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff JEFFREY M WEISS Defendant (s) IMPORTANT NOTICE TO: JEFFREY M WEISS 132 W PARK ST CARLISLE,PA 17013 Date of Notice : t~~1~1~ WWR#: 05468321 Case # ~(,t '7~~ji~ C.:C~.i~ T[(~M 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 I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 ~J 1 ) tt ~ U ~ 7~i T"(~ ,+ IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA. CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. JEFFREY M WEISS Defendant Case no:: 06-7074 CIVIL TERM 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 Act (SCRA), 50 U.S.C. App. ~ 521.. Affiant further states that based upon. investigation. it is the affiant's belief that the Defendant, JEFFREY M WE[SS 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, JEFFREY M WEISS is not in the military service. Further Affiant sayeth naught. a ~ AFFTANT SWORN TO AND SUBSCRIBED in my presence this day of NOTARY PUBLIC 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. n ~ ~. .o a ~ ~' b a p~ t~ ^~~l- ~ ~ ~ --ca c a° ~ ~, .._.. ~`r i ~ W ~~..~ O - ~,,~ ~ ~ ~.. '17 '~ ~;; e~(-/- ~ ~...J ~t-t 1 ~ "~. 1 C.w 'J ._,__ SHERIFF'S RETURN - REGULAR CASE N0: 2006-07074 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS WEISS JEFFREY M SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WEISS JEFFREY M the DEFENDANT at 2130:00 HOURS, on the 26th day of December 2006 at 132 W PARK STREET CARLISLE, PA 17013 by handing to JEFFREY WEISS 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 18.00 Service 4.40 Affidavit .00 Surcharge 10.00 .00 ~~~`f/07 ~ 32 .40 Sworn and Subscibed to before me this day So Answers: /~ .~E "/ R. Thomas Kline 00/00/0000 By: Deputy Sheriff of A.D. ~.r...~ .... ...~ ... .,.. .... :+. .i. ~.