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Home My WebLink About07-5314 ~ , ,,51 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK //~~ Plaintiff No: ~7- 531 C:ivi ( ~~ vs. COMPLAINT IN CIVIL ACTION JAMES S WRIGHTSTONE Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WE~NBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 06075109 C N Pit NLC [ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No JAMES S WRIGHTSTONE 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 { L 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: JAMES S WRIGHTSTONE 148 OAKHILL RD CARLISLE, PA 17015 3. Defendant applied for and received a credit card bearing the account number 5178052469986984 4. Defendant made use of said credit card and has a current balance due of $1167.93 as of August 07, 2007 . 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 28.240 per annum on the unpaid balance from August 07, 2007 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 JAMES S WRIGHTSTONE INDIVIDUALLY in the amount of $1167.93 with continuing interest thereon at the rate of 28.240 per annum from August 07, 2007 plus costs. Jame C. Warmbrodt,42524 WEL WEINBERG & REIS CO., L.P.A. 436 Seve th Avenue, Suite 2718 Pi sbur h, PA 15219 (4 2) 4 4-7955 F 4 2-338-7130 0 07 09 C N Pit NLC This law firm is a debt collector a~e}tfpting to collect this debt for our client and any information obta ~d will be used for that purpose. r .~ Noav sadEh r ~ FREE Accelerator ~, aa 97 8 8 V - e monM far tkat 3 namha; ~.66hno. tlieisslter SIGN YP TODAY! ' 1 ~~~.~~~ g689 Merkion Offer Cods: PEARL Or visit www.P~WsPo.o~/9aP~ peoplepc~ online u A better way to Irrtemet. PeoplePC OreSre offers all the features you would expect from higher-priced Internet Service Providers, including: virus Protection Pow«ad by symaraxTM ® Pop-Up Bkickert"t Spam Controls Smarter Smart Dialer Technology s ~ More Email Addresses Internet Call Waiting Cap~ita/l~• PLATINUM MASTERCARD ACCOUNT 5178-0524-6998-6984 ts, Cred'iu and JAN 16 - FEB ls, 2006 Page 1 of 1 Previous Balanu 1936.19 Pa ym~redin and Adjustmems ~ ~ Tnmactioffi T n Finan« Charges g22,72 1 is FEB PAST DUE FEE 129.00 Nerr Balance 1967.91 As a valued Capital Om aetoma, you are digible to rams a free Ye=-E~d Summary for thn Minimum Amount Due 1987.91 ~~ ~ ~ y'~ 2~5 ~ P'~~ YmTM amount u in good ehnditg and Payment Due Date March 15, 2006 y'~ ~~ made traoeaeRone dnritg the deodar year. Plaee ull 1-877-794-M87 befrse March 31, 2006, to reserve your mpy far this acmttnc Orders wBl be mailed out by the sad of April 2006. Toni Credit Line 1500 Total Ava7ahle Credit 1,Op You was aaeeaxd a pau dne fee of 129.00 on 02/15/2006 because your minimum payment was net Credit Line for Cash 1500 received by the due date of 02/15/2006. To avo~ this fee in the futtve, we recommend that yvu Available Credit far Cash 1,00 allow at less 7 business days fee yea payment to rexh Capinl Om. At To a,B C~rtwsa RLLfiom a m report a let aL ~tolwi ork 1-500-903-3637 sass payawnr t« seed ingwis t« Arta: RemLLnn« Pmon.ing Cspihl One Bsak C.pnd Oae P.O. Boa 790216 P.O. Boa 30215 St. [.coin, MO 63179-0216 SLC, UT 84130-0265 EXHIBIT I F'inanceChatgea Weanerarrmansridrf6r;atfsrlaAt iA~irasdioA >~~ ~ ~ ,gym PURCHASES 8917.13 .07737%P 2614ti mn CASH 1.00 .07737%P 26.21% 1.00 ANNUAL PERCENTAGE RATE applied this period 28.24% • PLEASE RETURN PORTION BELOW WITH PAYMENT ~8~ 0000000 0 5178052469986984 15 0987910666000987919 New Bahutce 1987.91 Mioimam Amount Due 1917.91 Paymetrt Due Date March 15, 2006 Total enclosed 1 ~--~ Aewsu¢Namba: 5178-OS21-6998-6984 ~ 890047983981539048 MAIL ID NOMBER Capital One Bank ~ JAMES S 9iR7:GHTSTONE P.O. Box 790216 ~t~u~~~ut~nt~t~u~~ ~+ ~ 334 GREASON RD St. Louis, MO 63179-0216 ~ ~ CARLISLE PA 17013-9476 ~t~~nn~~tw~~~m~~t~tt~~out~t~ut~~t~~unt~~t~~u~u~t~ ° I• I~LAII WfrL,yalV IAatAfr AAIAAdr OA.y0l0 C6Erf 0I JAOAry Ord? A1Yd[r,/~Vb~[ t0 ~t}/( DAL B/A,(! pA1TH{jtA rdC Mr~AfCd LAOQ10p~L P/impist wd/i~aLru wl~wrwefdwgr3d rri~HrwlJsat wk Ciry~ Sous Z!P Home Phone Aleaoae Prom s Emd Addnae r r...~~F~ VERIFICATION CAPTTAL ONE BANK vs WRIGHTSTONE, JAMES S 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 CAPTTAL 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 DAMS ~~--- Notary lic MYRA PRINDI..E 'Notary Public i G~vnr~,att County Georgia wty Commission F~cpires July 31st 2009 5178052469986984 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. .. .C -~ ~ ~" ~ ~ _ `~ ~ .,-~ N ~ -r~ rr; ~ ~ -~, ... ~-: ~? ;- ~ ~ c _ '~ rn ~ -C SHERIFF'S RETURN - REGULAR CASE N0: 2007-05314 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS WRIGHTSTONE JAMES S STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WRIGHTSTONE JAMES S the DEFENDANT at 1445:00 HOURS, on the 7th day of September, 2007 at 148 OAKHILL ROAD CARLISLE, PA 17015 by handing to HOYT CARNS, STEP FATHER 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 Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.0 0 ~~'''z~C ~~ 5 . 7 6 f~' .00 10.00 R. Thomas Kline ~~ 33.76 09/11/2007 WELTMAN WEINBERG REIS By: day eputy Sheriff A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. JAMES S WRIGHTSTONE Defendant No. 07-5314 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 Building 436 Seventh. Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06075109 Judgment Amount $ 1275.46 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. JAMES S W[~IGHTSTONE Defendant Case no: 07-5314 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, JAMES S WR[GHTSTONE 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, JAMES S WRIGHTSTONE is not in the military service. Further Affiant sayeth naught. ~ /- AFFhA11NT SW RN TO AND 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 ^A'1~. COMMONWEALTH OF PBNNtlYLVI1NiA NO RY PUBL N~analSeal Wayne A Jones. Notary Public p~ ~n F Juney 29, X10 RAsmber< pe~nsyiv~ia gssociatian of Notaries IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. Civil Action No. 07-5314 CIVIL TERM JAMES S WRIGHTSTONE Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, JAMES S WRIGHTSTONE above named, in the default of an Answer, in the amount of $1275.46 computed as follows: Amount claimed in Complaint $1.167.93 Interest from AUGUST 7, 2007 TO DECEMBER 4, 2007 at the legal interest rate of 2$.24% per annum $107.53 TOTAL $1275.46 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. By: William T. Molcz ,Esquire PA LD. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#06075109 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: 148 OAKHILL RD CARLISLE,PA 17015 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK., Plaintiff vs. Civil Action No. 07-5314 CIVIL TERM JAMES S WRIGHTSTONE 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 ~,~.'~d0, (xx) Asswnpsit Judgment in the amount of $1275.46 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 OTARY EP Y) JAMES S WRIGHTSTONE 148 OAKHILL RD CARLISLE,PA 17015 Plaintiff s address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7~' Avenue, Pittsburgh, PA 15219 1-888-434-0085 Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 DEC-04-2007 08:36:10 '~. Last Name First/Middle Begin Date Active Duty Status Service/Agency WRIGHTSTONE 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. §§ 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/pis/PC09_S_LD_Rhtml 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 12/4/2007 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. Report ID: BYBJWBZPYBI https://www.dmdc.osd.mil/scralowa/scra.prc_Select 12/4/2007 ~ .. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Case # 0~`.~3 i~l Ctv~L 1 E~r1 JAMES S WRIGHTSTONE Defendant(s) IMPORTANT NOTICE TO: JAMES S WRIGHTSTONE 148 OAKHILL RD CARLISLE,PA 17015 ~~//~~ Date of Notice : ! ~ `1W d~ WWR#~ 06075109 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPE.AR.ANCE 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 PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 n ~~ Q ^~ D ~l.x ;~ I' ,-, , _~ ~ ~~ ,_ { . , ' ..::. ~ ,.~J -- r~;;