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Home My WebLink About06-7177IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. TINA M ASKINS No : v ~o - '~'~ ~j^l COMPLAINT IN CIVIL ACTION e,~~c~~ 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 05483977 C N Pit AMT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK !Plaintiff vs. ~ Civil Action No TINA M ASKINS 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 THI PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT FFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT HERE 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: TINA M ASKINS 631 GATES LN ENOLA, PA 17025 ~ 3. Defendant applied fo and received a credit card bearing the accoLint number 4862362358.764127 . 4. Defendant made use of said credit card and has a current balance due of $1174.34 as of November 13, 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 26.9900 per annum on the unpaid balance from November 13, 2006 A '! copy~of Plaintiff's STAT MENT is attached hereto, marked as Exhibit "1" and made a part hereof. ~, v 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 Plai tiff prays for judgment in its favor and against Defendant TINA M ASKINS INDIVIDUALLY in the amount of $1174.34 with continuing interest thereon at the rate of 26.9900 per annum from November 13, 2006 plus costs. Jame C. W rmbrodt,42524 WELT W INBERG & REIS CO., L.P.A. 436 Sevent Avenue, Suite 2718 Pit sburg PA 15219 (4 ) 43 7955 F 41 338-7130 05 839 C N Pit AMT This law firm is a debt collector atte~ing to collect this debt for our client and any information obtained will be used for that purpose. , i - ~peoplepc~~ online ~ Abetter way to Internet. ~ ~ '' ~ i -888-587-9669 ~ ... ~ Mention Offer Code: COPPER - visit: uvww.peoplepc.com/go%upper OIXi UNLIMITED INTERNET ACCESS PeoplePC Online offers all the features ~ou would expect from higher-priced nternet service providers, including: I 6i VfUS Protection poweredMSymantec*~ ® Pop-Up Blockerrta '~ Spam Controls ® ~' Smarter Smart Dialer Technology ® ~1 More Email Addresses ~ ~ Internet Call Waiting SPECIAL PRICE FOR CAPITAL ONE CARDHOLDERS Cap~ta~Dy~a Account Summary PreviousBdance 5777.06 Payments, Credits and Adjustments 5.00 TransacGO11S SS6.00 Finance Charges 518.06 New Bdence 5883.12 Minimum Amount Due 5883.12 Payment Due Dau September 23, 2005 Totd Credit Line 5300 Toul AvailableCredit S.00 Credit Line for Cash 5300 AvailableCredit for Cash 5.00 At your service TocallCusumeRdationoru repor6losbrsulereard: 1-g00-903-3637 Forfreeonlinesceountervicandsped atusumentferslogon u: www.capitdone.com Sendpaymentto: Sendinquirieto: Attn: RemittencProcessing CapitalDneBank Capitapne P.O.Bo>790216 P.O.BoXi0285 SL LouisJ~f063179-0216 SLC,UT 64130-0285 ~~~ye/t 539.00 29.00 Finance Charges Pleaseseereversaideforimportentinfomrafion Balen®te applietb Periodic Corteponding rate APR FINANCE CHARGE '~~ PURCHASES ~^ CASH 5787.64 5.00 .073959 26.99Ye .073959 26.99Yo 518.06 S.00 ANNUAL PERCENTAGE RATE applied this period 26.99% • PLEASE RETURN PORTION BELOW WITH PAYMENT ~~,.~.i~.~~ "'~"'°'~~ 0000000 0 4862362358769127 23 0883120030000883120 New Bdence 5883.12 Minimum Amount Due 5883.12 Payment Due Dau September 23, 2005 Total endosed S Accomtt Number: 4862-3623-5876-4127 PLATMUM VISA ACCOUNT 4862-3623-5876-4127 !UL 24 -AUG 23, 2005 Page 1 of 1 Payments, Credits and Adjustments Transactions 1 23 AUG CAPITAL ONE MEMBER FEE 2 23 AUG PAST DUE FEE You were assesseda past due fee of 529.00 on 08/23!2005 becauseyour minimum payment was not receivedby the due dau of 08/23/2005. To avoid this fa in the future, we recommend that you dlow az least 7 businasdays for your paymentto teeth Capital One. Pleasprinanailineddre~td/o>~maihhmtgdaelo~singtlumrblac6dc. Ctty Stau ZIP HomiPhone Altemat8sone (at EmarAddress ~_ #9023676290913799# MAIL ID NUMBER Capital One Bank ~ ~ TINA M ASKINS P.O. Box 790216 Iriulultlrilorllnl a t~ 631 GATES LN St. Louis, MO 63179-0216 ~ ENOLA PA 17025-1610 Irlluullnulllnrllrinllunrlsiurliriluurllsl~ulnlrl ° Pleasewriuyoumccounttumberonyourchecbrmoneyordemudepayablelo~erpital OneBankand mail in theenclosainvdope. r - ~. peoplepc~ online ~ Abetter way to Internet. UNLIMITED INTERNET ACCESS 1-888-587-9669 a Mention Offer Code: COPPER ~slt: www.peoplepc.coMgo/copper PeaviaPC s saey resporwble far Mb drat and b not afllated wtih Capital One'. Gpihl One dos rot pmvida, arxforee ar gueredee, and is not ellilated with. any Product or service shmwr trere. Arry tradernedrs mentioned tarein see sdey owned by the respective entdy. Ap rights reserved. 91r nappgin9 to ass ofhr, you mry a txxmxnicateg infametim about yourself to the oonparry that Providna tNS product-for example, Mat you area Capital Ono cuatorner. 'PeopgPC Orebro: Fiat 3 months are billed at 54.97 per month) 59.95 per rtrorM thereafter. PeopkPC Or41ne Aocelereted^': Pest 3 months are lxled x157.47 per month: 514.95 per momh ttrtreahet OIAsr WeNehla to now did•Up subacdbers>ti least 18 years d age and may not be redeernad with any direr o9ec Orter subject to ctterge at arty tlma. Phone tacMicel support available for 51.95 per mkxae. 1WiM PeoplePC Qr6re Accaler~ed, certain l"btr page text and graphid wll batl faster when eampared to sterMard diaLup MtwriN service. Adud resale rtry vary, PaopbPC OMne Accdareted b ony campatble with PeoplePC Onlne bxernet service ana specifred Wirrdows®browsers. PeoplePC OnBrre Accelereted b not compatible with vWndows® 95 wiM IE 5.5 SP2. Service not avadahla in aN areas. Access fees, taxes, and oCrer tees and restrittlofva may appy. Tdeplpne tot drerpes nmy appy, even oaring trial periods. You are resporuible to detemwirg whether a cal to one d our access nrxntraa wfl restYt in talephorre tdl dxages Access may bs lmkad, eapaeially durlrrg tlnrea of peek usage. OieFup rumbers my bs changed a< PeoplaPC§ d'eaetlon. Cm9ruous we wtrjed to timewt procedures. Al use h suttjed to PeoplePC OnFne§ Services Agrennerd and A~tee the Polity. SBKs the maximrm apead d service: acNel speed may vary O zoos PeoplePC Inc. Al Ri{/da Reserved. PaopkiPC Orine and ifs bgos ere trademarW d PeopfePC in the U.S and otirer countries. O 2415 Capitd Ona Servicm, Mc. Capital One b a federally registered aervke mark AN rghls reserved, g o ; N f N i OM' ~rl N NN VERIFICATION CAPITAL ONE BANK vs ASKINS, TINA M The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities, that he/she is, MAISHA DAMS, 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. i''~~= ~ MAISHA DAMS ~~~ ~~~_ MYRA PRINDLE Notary Public Gwinnett County Georgia My Commission Expires July 31st 2009 4862362358764127 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. ~ ~ ~ _ E--_~ Cr. ~. ~ ~ ~ ~ f i ~ ~ ~ ~ '~ ~ ~ ~ ~ ~ ~~ ~-. `~ r1 t'1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. TINA M A5KINS Defendant No. 06-7177 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 WWR#05483977 Judgment Amount $ 1271.52 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. 06-7177 CIVIL TERM TINA M ASKINS Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, TINA M ASKINS above named, in the default of an Answer, in the amount of $1271.52 computed as follows: Amount claimed in Complaint $1.1.74.34 lnterest from NOVMEBER 13. 2006 TO MARCH 6, 2007 at the legal interest rate of 26.9% per annum $97.1.8 TOTAL $1271.52 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. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 W WR#05483977 By: W WILLIA T. MO ,CZ ,ESQUIRE PA LD.#47437 Weltman, Weinberg & Reis Co., L.P.A. Plaintiffls 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: 631 GATES LN, ENOLA,PA 1.7025 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff TINA M ASKINS Defendant (s) IMPORTANT NOTICE TO: TINA M ASKINS 631 GATES LN ENOLA,PA 17025 Date of Notice: OQ WWR## : 05483977 Case # ' 7 7 7 ~ ~~,Q~C/Y~ 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 :,~,-~j/1p~yrtyl WOf~ PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Case no: 06-7].77 CIVIL TERM Plaintiff vs. TINA M ASKINS Defendant NON-MILITARY AFFIDAVIT The undersigned, who first being duly sworn, according to law, deposes and states as follows: That helshe 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, TINA M ASKINS 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, TINA M ASKINS is not in the military service. Further Affiant sayeth naught. l%~ ~~ AFFI T ,~j_ SW N TO AND SUBSCR BED in my presence this [..> day of ~ ~{% .C "~c~ 7 ~nnnn 7H OF PENNSYLVANIA Notarial Seal NOT Y PUBLIC VVaMneA ,io~-~as n,~!starvptlblic ~iq; t ~ ~%+tt~iw.~rgr ~, Aii~.~,e~~~. Courtly My Commi~ix~r iras,;wie 29, 2010 Member, 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 Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 MAR-06-2007 05:02:45 '~ Last Name First/Middle Begin Date Active Duty Status Service/Agency ASKINS TINA 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: htt~;//www.defenselink.mil/faa/pis/PC09SLDR.htm1 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 3/6/2007 Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. ' ReportlD:BYAESRSBVCO https:!/www.dmdc.osd.mil/scralowalscra.prc_Select 3/6/2007 z F ~~ r.,,,, ~l ...,, ~t (~' ~` '~ ~~ ~r r ~- b t~ ~ O r~ ~' -n .. --~ `' .:; -~~ =: ~a -~2 ~ ~ -~` ~~' rn - .~. ~~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. Civil Action No. 06-7177 CIVIL TERM TINA M ASKINS 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 ~^j~ ~ Oa'l (xx) Assumpsit Judgment in the amount of $1271.52 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: PROT ONOTA TINA M ASKINS 631 GATES LN ENOLA,PA 17025 Plaintiff s address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`s Avenue, Pittsburgh, PA t 5219 I-888-434-0085 SHERIFF'S RETURN - REGULAR CASE NO: 2006-07177 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ~ «..ia CAPITAL ONE BANK '~"' VS ASKINS TINA 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 ASKINS TINA M the DEFENDANT at 2005:00 HOURS, on the 28th day of December 2006 at 631 GATES LANE ENOLA, PA 17025 TINA ASKINS by handing to 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: So Answers: Docketing 18.00 Service 13.20 Affidavit . 00 ~%%~~~0"~'r*~'~ Surcharge 10.00 R. Thomas Kline ~~ 41.20 / 01/02/2007 l~, l/a,~//d~ WELTMAN WEINBERG RE ~ Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. r.