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Home My WebLink About07-0304 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff No. : 07-304 vs. PRAECIPE FOR DEF AUL T JUDGMENT MILDRED E DA VIS Defendant 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, P A 15219 (412) 434-7955 WWR#05527800 Judgment Amount $ 1456.85 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. : 07-304 MILDRED E DA VIS Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, MILDRED E DAVIS above named, in the default of an Answer, in the amount of $1456.85 computed as follows: Amount claimed in Complaint $1361.13 Interest from NOVEMBER 24,2006 TO FEBRUARY 28, 2007 at the legal interest rate of26.74% per annum $95.72 TOTAL $1456.85 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. By: WILLIAM T. MOLCZ 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#05527800 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 And that the last known address ofthe Defendant is: 514 N FRONT ST APT 6 WORMLEYSBURG,PA 17043 ,. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. Civil Action No. : 07-304 MILDRED E DAVIS 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 {YJ '21'1. ~ l._A ~ ( ~od1 (xx) Assumpsit Judgment in the amount of$1456.85 plus costs. () Trespass Judgment in the amount of$_ 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 MILDRED E DA VIS 514 N FRONT ST APT 6 WORMLEYSBURG,P A 17043 ) 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 # () 7- 30'1 MILDRED E DAVIS Defendant(s) IMPORTANT NOTICE TO: MILDRED E DAVIS 514 N FRONT ST APT 6 WORMLEYSBURG,PA 17043 Date of Notice: WWR#: 05527800 )-15-07 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:~~ Ih~ ~ 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 CAP IT AL ONE BANK, Case no: : 07-304 Plaintiff NON-MILITARY AFFIDAVIT vs. MILDRED E DAVIS 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, MILDRED E DAVIS 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, MILDRED E DAVIS is not in the military service. Further Affiant sayeth naught. ~/kr AFFIANT SWORN TO AND SUBSCRIBED in my presence this ~day of Jf\7 L' '." ~ ~=".-YLVANIA - , Wayne A. Jones, Notary Public ~PUBLlV' - CllyOlPillllbultll.AII~~ My Commission Expires June 29, 2010 Member. Pen"sylvania 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 1 of2 Department of Defense Manpower Data Center FEB-28-200707:03:36 .. Military Status Report .. Pursuant to the Servicemembers Civil Relief Act < Last Name FirstlMiddle Begin Date Active Duty Status Service/Agency DA VIS MILDRED 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/pis/PC09SLD R,_html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scralowalscra.prc_Select 2/28/2007 ~ R:q~estforMi1itary Status Page 2 of2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:BWSDLEZQCQM https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 2/28/2007 c ~ ~ tf- F ~ flr - ~ ~ ~ ~ :--0 \:\. D () ~ :U ~ p: & ~ ,~ C,) ---. c:' l.:;~:l - r--=, -':1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: O~ - 3DL..{ CiL>~l/~ vs. COMPLAINT IN CIVIL ACTION MILDRED E DAVIS 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 05527800 C N pit BNT . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No MILDRED E DAVIS 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: MILDRED E DAVIS 514 N FRONT ST APT 6 WORMLEYSBURG, PA 17043 3. Defendant applied for and received a credit card bearing the account number 5291151932018938 . 4. Defendant made use of said credit card and has a current balance due of $1361.13 , as of November 24, 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 26.740% per annum on the unpaid balance from November 24, 2006 . A copy of Plaintiff's STATEMENT 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 , MILDRED E DAVIS , INDIVIDUALLY , in the amount of $1361.13 with continuing interest thereon at the rate of 26.740% per annum from November 24, 2006 plus costs. This law firm is a debt collector at our client and any information obtai ,./' . Warmbrodt,42524 , WEINBERG & REIS CO., L.P.A. enth Avenue, Suite 2718 rgh, PA 15219 34-7955 2-338-7130 o C N Pit BNT to collect this debt for be used for that purpose. peoplepc online '--/ 000 UNLIMITED INTERNET ACCESS 3 MONTHS 1/2 OFF for Cerdholdetwl CapItaIQne. PeoplePC Online offers a better Internet experience, at a better price. . Over 9,000 local access numbers . Virus B'ocker . Smart DIaler technology . Pop-Up Blocker . Spam controls . Or surf up to 5x f88ferfor just $7. 47/mo for the first 3 months with PeopIePC Online Accelerated.. Download our software at www.peoplepc.com/go/silver2 or calI1-888-5TAYNOW to request a disc, Mention Offer Code: SILVER2 CapilalOne. GOLD MASTERCARD ACCOUNT 5291-1519-3201-8938 APR 04 . MAY 03, 2005 Page 1 of 1 ACCOWlt Summary Previous Balance Paym",ts, Credits and Adjustm"'ts Transactions Finance Charges Paymmts, Cremts andA~wmrnmts $911.51 $,00 $29,00 $20,25 Transactions 03 MAY PAST DUE FEE $29,00 New Balance Minimum AmoW1t Due Payrmnt Due Date You were assesseda past due f.. of$29,OO on 0510312005 becauseyourminimum payment was not receivedbythe due date of 0510312005, To avoid this f..in the future, werecornm",d thai you allow at least 7 business days for yourpaymentto reach Capital One, $960.76 $960.76 JlDle 03,2005 Total Credit Line Total AvailobleCredit Credit Line for Cash AvailobleCredit for Cash $500 $,00 $500 $,00 At your service TocallCustomd(elatiollDrlorepono loslorstolen::ard: 1-800-903-3637 EXHIBIT fr Forfreeonlinacco\D1&ervicandspecial:ustomeofferslogonto: www.capitalone.com - Sen~"'tID: AItn:Remillancl'rocessing CapitaDneBank P.O. Bo>090216 St LouislVl063l79-0216 SencinquirieSD: Capitak>neServic:es P.O.Box85015 RichmondY A23285-5015 Finance Charges Pleascset.reVer5csideforimponantinfonnation P;.::.odic Co~ding ~~8€ ,07326'11 26,74% $20,25 ,07326'11 26,74% $,00 "" ~ BalmClllte applied> $921.25 $.00 PURCHASES CASH ANNUAL PERCENTAGE RATE applied this period 26,74% .... PLEASE RETURN PORTION BELOW WITH PAYMENT .... CapIIaIOne' 0000000 0 5291151932018938 03 0960760015000960767 PleasprintmailinJddr...,d/oe-maithangdlelo""inll>1Ul1lJblacink. New Balmce Minimum ArnolD'll Due Payment Due Date $960,76 $960,76 Street Aptl# JlDle 03. 2005 City Stale ZIP Hom"-hone AltemaNlone 5291-1519.3201-8938 @ EmaiAddress Total enclosed Account Nwnber: - #9012434901291235# MAIL ID NUMBER MILDRED E DAVIS 514 N FRONT ST APT 6 WORMLEYSBURG PA 17043-1031 r .., ~~b~t:~x ~~Omk 1,1"lmll,I,I"I,,1I St. Louis, MO 63179-0216 1,11""11,,,,11111I11,1,,11,,,,,1,1,,,11,11,,,,,11,11,,1,,1,I a> " '" ~ o - - - - - Pleasewriteyouraa:olDlhumberon yourcheclormonO)<>rdennadepayobletoCapital One Blllkand mail in th.",closeenvelope, - ... .11 VERIFICATION CAPITAL ONE BANK vs DAVIS, MILDRED E 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, MAISHA 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 of his /her knowledge, information and belief. ~~ MAISHA DAVIS q~~ MYRA PRINDLE Notary Public Gw!nn,ett County Georgia My CommIssion Expires July 31 Sf 2009 5291151932018938 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. -p (::\ ""<\ ~ 1 Crt Crt . ......... }2 & f"'..;l 0 ~ <:= = .,., ~ -.I ~ C- ---t :;:;~ "I.,., ry ~ ~ :z: f11p ~ D -,...,m --.J ~i5y -..0 ..... \;~;Q -... -0 ~.)-~~ '___6 b -.... ~:::J.C) ~ -L.- N 2Srn ------l 1"- -..> 0 ~D -- -< SHERIFF'S RETURN - REGULAR CASE NO: 2007-00304 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS DAVIS MILDRED E SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DAVIS MILDRED E the DEFENDANT , at 1747:00 HOURS, on the 18th day of January , 2007 at 514 N FRONT STREET APT 6 WORMLEYSBURG, PA 17043 by handing to MILDRED DAVIS a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sworn and subscibed to 18.00 14.08 .00 10.00 .00 42.08 I IJ~q.o1 O~ So Answers:,:" ~~ ,. ,/)# ~ ...-;'I,.r. ,.,,'."1;"<.. 'r'?'," ,'>?:i' :1" ,,/~/ Sheriff's Costs: Docketing Service Affidavit Surcharge R. Thomas Kline 01/19/2007 WELTMAN WEINBERG REIS before me this day By: ~~~f ~. --- Deputy Sherl~ A.D. of