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Home My WebLink About07-6944LAND COUNTY, PENNSYLVANIA - &qql a-% V; I -rcrM DINT IN QVIL ACTION N BEHALDF ?L OF RFRD OF RTY: WAR-?ODT, Esquire 42524 AN, W3ERG & REIS CO., L.P.A. Vipers Fng nth A-' h, PA19 I-795 574 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK F.S.B Plaintiff vs. VICTOR A LEMUS d/b/a/ LIBERTY DINER Defendant Civil Action No. 0'7- L 9 -)'/ cum COMPLAINT IN CIVIL ACTION 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 110 03b Save time ...Give employees access to your account! a LIBERTY DINER Account #: 4802132506071300 Give your employees access to your account so they can make payments, purchases and more. Simply fill out the bark of this form and return it with your monthly payment. Be sure to designate each employee's level of access. [ACCOUNT OWNER Has all the rights and authority over the account. The primary account owner can designate others to have owner level access. VACCOUNT MANAGER Can access account information and make.payments over the phone or Internet. Cannot change terms (APR, credit limit) or add employees to the account. Must also be an Authorized User to receive own card. ['AUTHORIZED USER Can make purchases on the account. Pleats fill outAeeexc Aurbv>iratiom Form on rer,em Capitalow-1 small business PLATINUM VISA ACCOUNT OCT 16 - NOV 15, 2005 CINOI'IdSSI2 REWARDS 4802-1325-0607-1300 Page 1 of 1 Account Summary Rewards Summary Previous Balance $6,873.21 Previous Mileage Balance: 6,618 Payments, Credits and Adjustments $.00 Miles this Period: 0 Transactions $35.00 Miles due to expire OV01106: 0 Finance Charges $8.04 Redemptions: 0 New Balance $6,916.25 Ending Mileage Balance: 6,618 Minimum Amount Due $6,916.25 Payment Due Date December 15 2005 The mileage information reported hen may not reflect all ptadrases on this statement or recent , redemptions. For Small Business No Hassle Rewards questions or to redeem miles, simply go online Total Credit Line $7,000 to www-cap"one. com/smallbusiness, or call the No Hassle Rewards center at 1-877-497-8316. Total Available Credit $.00 Credit Line for Cash $3,500 Available Credit for Cash $ 00 payments, Credits and Adjustments . At your service Transactions To call Customer Relatiom or to report a lost or stolen -k 1 15 NOV PAST DUE FEE $35.00 1-800-867-0904 Take control and pay your Capital One credit cad bill online for Gee. Eliminate the hassle of Send payments to: Send inquiries to. Writing checks, finding stamps and sealing envelopes. Everything you need to access, review Attn: Remittance Promsing and pay your bill is available online. Our Web site offers you a convenient, simple and secure way Capital One, F.S.B. Capital One to manage your account. Visit www.capitalone.com and register your account to start simplifying P.O. Box 790217 P.O. Box 30285 your life today. St Louis, MO 63179-0217 SLC, Ur 84130-0285 You were assessed a past due fee of $35.00 on 11/15/2005 because your minimum payment was not received by the dux date of 11/15/2005. To avoid this fee in the ftuune, we recommend that you allow at least 7 business days for your payment to reach Capital One. EXHIBIT I Finance Charges Pleam tee reversee ndefor ii swpatant informa tt iioonn - ` r Penod C ? ti -rx ? ? M s ?'?" VG Tr'K,? 00 PURCHASES $6,449.66 .0000096 00% $.00 CASH $427.42 .06069%F 2215% $8.04 ANNUAL PERCENTAGE RATE applied this period 1.39% PLEASE RETURN PORTION BELOW WITH PAYMENT cw 0000000 7 4802132506071300 15 6916250204006916256 New Balance $6,916.25 Minimum Amount Due $6,91615 Payment Due Date December 15, 2005 Total enclosed f Account Number. 4802-1325-0607-1300 P4au print arailimd edh u a-&- -ad'h-v' brl-usiad bbu or black ust snot Apr Gh State ZIP Home Phone Alternne Phone #9032080940102572# MAIL ID NUMBER LIBERTY DINER Capital OneF.S.B. Z VICTOR A LEMUS P.O. Box 7962 17 Itlrrlullnlulhrnl PO BOX 26214 St. Louis, MO 63179-0217 L COLLEGEVILLE PA 19426-0214 Ituettenttttnrtttutletnttttthltnnlntltttnltttltunl Pleme rite yore aemant number on ya check m money order madepayaNe to Capital One, F.S.B. and mail in the enclosed envelope. r LIBERTY DINER ACCESS AUTHORIZATION FORM ??' Account#: 4802132506071300 number, and level of access. If your AccounACCO Mana$ ACCOUNT needsw dEo Clearly print each employee's name, social security please also check their Authorized User box. OWNER MANAGER USER ? ? ? Name Ss, ? ? ? ataatlllll? ?IIr_ r t• aaltlll?s atetr•1? aaal? t• n? N N : W m i hN ? ? ? Name i r X Todays Date Current Account Owners Signature 1. Fbw To Avoid A Finaea t' e. (Nrree» Parbd. You will hive a miimun grcce period of riew h periods rate. To d9aln the svemga daily balance for the this slaternsOF, take the bNbrg !x°belsnce ouch segment mach day, add any new b ssea, 25 cep vv)shan Boerne drrye on row Wrc new apedal ,,chames and new other rc M amc air to each segment, and nbtratt am P°N^°AN' tr ars m the from of this N , e balance trsr charges if you play 1'ox total -New Balance', in 11 appe or credits. (it the code stnemem rest a -Bel°rne Rate Applied To,' we also with the anportam Notice fe Payntea9s below, aexoroe and in time for it to be cradled by your roxl stnexnmt subtract enY nrpe{d fironce carpe fnduded in the balance hrem )TMs given u the daily Delano of each doskg date. There is no greca penal m ash advances and special trarefere. In addition, them fare grace Period of eachsep T1en, we add up all the r @ ybalances for each a'i r tha Dining period sad dvfda by the tool on any transaction if you do not PAY the total 'New p r o1 days i^ the 'g. period. TNS gran us the balance.- Transactioxs hhch are not average dally balnnnce of each segment. b. Aonruing FYhawa L>•aY°. 1 3. Moral Paeantapa Rtar IAPRI. eriod are mased finance theta 1 R r - appear ea 'a subject to ¦ grece p bon the date of the train I:or 2) from the date the a e ment y °' on the from) off this?slste transaction is Puocesaed to = yes Account or 31 from the trans caladar day of the hillkp period. Addtimally, ' b.IfthecodeS?Bmmsshkcard(P?irohe) + M+)?° on( Certificate of De osit) or ban the p.14" if you did not W0 tha -New Belarhox blNkg period in hYl, Nrwtce dnsrgr rnxkhue to acme to p , DNS atatennem ten to the ANMIAL pedoafic PnotelERCFMAet, theOE pedodc an d cortetpondrg RATES n your aped balance until the unpaid balance ie paid in full, This means that you reaY still owe Pohartca rihsrgea, even if f ea rosy very quanedy and may irnreaTh or decrease booed The Wall Street the stated xxficee ot you P°Y the entire New Balance iodated nn tie frorht of your alaternhem by the ree atatament dosing date, but rtrd m , n reviwly dimdoaed m ymu. the a •i°a^°? Pw° wall be eneuve m the first deV of your Th not do so for the previous maath. Urhpald fironnca charger nt A ese riod ?? by your pedodc statement ending billi nil a . cce are elided to the applicable sepnem of your tc. bNniamn Fnanea Chwga. For each bNNrg period that a minimum a fmsnce charge b 't t in the montha JaruaN• April, JWY and October. c. If the code 0 (Prime), F It-mo. LIBOR) or G (3mo. ear m of h f , o Your account is su lec teal FINANCE CHARGE of 60.50 will be imposed. If the y e ro UBOR Repriced Mexhdiy) appea rs on t tem°m next to > t re M O d total firtacm charge r.Lkwq fran she application of your periodic role(s) it leas dun 30.50, we roll aiabtract itnn A a s ?A V IT may P-RCENT L and esrteworhdahgm OF d.CFad9e based on ta, ° en m amount from the a0.60 minimut and the di mace will be vVaaryt?'s ore ieihd in ? Wall Saee[.Marrrd, dos c s id billed m theRapurehamm aegnr?em of your eccousn. t d. Tarpaay dsNknh n F 0-- We m°erve the 'given f the mar pneviouely declmad to you. Theme lunges gin vu1N be effective on the fiat day of your bilfrnq period y or an right to not aseeaa any or all finance charges period. hii Na- Rrdrsaal. i f p each mash. and Rauntl Pmt Frs. a ramat of 4. tees f h ra °hp aNY Bal°n's Ikv D 2. Avara henc?e charge is celctNated y muddying the dally F fled You will be as t e Your aexeat vWN be aaesead '104. ore than two o period. Under the n sh d r a. balance of each seprhesn. O1traea youfer assert le.p., ash , and epsdal purchase) apeoael purchase advance g ufft a y liamd hero that om ur raemem, use ressenve the ri91n to toms of your ewstomer ag utim to en tees without 1 , , by the corra°pennNng daily P"Odic rate(s) that has been pmriexsly disclosed to you. At the end of each day during h y walva or not to aaww e Am = you without waiving our 6919 to eases the ti me }ees at a later . the billing Pedod, we apply the dolly poll-- ate reac ce of each l ill b . If a mexnbeaalip tee Aetaaad 5. RatawiV You an y a sepnent of your accont to the d sepnexn. Then at tha sr l of the billing period, we ark) w appeam m the from of this atatemem, v°u! have 30 from the dale this arnamem was mailed to you to d the remults of these dally ulewlatiw to smve n your 1 ch segn1to We add uP the periods finera:e charge for r1 ri di ays avoid payeg the tee or to have much fee credited to You ou caned year accent. During this period, you may if . c o reMJtt tram eam aegmem arrive at the teal pe finance surge for pax aaeux. To got the dsNyy balance eve cake the bepmng u accent f y V the continue p use YYT ea r a m? nmertt , yo fa each seRatem o belnmce for each antgmem and add any sew treasea)as and any perlOdc fkhsnhca derge ulaaNated on tha Prcvfoua nodly u°yboVUUtlN ?arce?nin klllexdudrppathe " feel Prior to the end of the thirtY-d°Y P°dod- tsN day's Wlarnca for tilt tepnex9. We then subtract soy n of Paymer9s or creel ncetad at day that D l d :X p m _ B. 1" YY seCfAA by c.ffing our Curt°mer done A ou ca. to gives a e the w ha to that aegnhera. to uch °°grttenht d your Account. However, If You pad the r tract oli(o) and pepartmexn. You must destroy you card all prcaudnrized billing, 9 ester dhecka statement full for New Balance shown on you previous In if your row ealance was zero or ° credit smeum), new d l , sccaut and comae u$WQ You scwsut. If you do not cared wfir coreider ra° °rized balling arrargenna9s, we a trareactiexs which past to your purchase or °pe purtnase segments ere not aokled to the efafiy balances. We e Dy afdng all the dally - vera ha D to nacafpl of ¦ dwrge Your sus `l"i on ro reopen you ax:oun. Additionally, your atxwn mud nct De dosed : an di k d g a ulealate i X aun by the number of balances together an,= the dap in the anent bfifing cycle. To calculate Your total y u rg n until you PRY all amou9t Voce rove us trarvadiorn you have anahorized, lkhencce adhsrges, pest returned payma9 feet, cash ovedimh fees fens d finance charge, mhhipf your evaege daily b@Iance by the tho number of days in the blkng d , , ue feea aeaewed to your advmOO is. °rd any other hether W daily pexfodc rcte an period. Due to raxhdnq on s daily basis, there may be a tween this b calculation and the amount of b ri alc account. You au respasid for thane amoh+rts w e = at the time You request le rht to b ===r a e silo va ance fironce dh°rpe actually ax t een m tf9: than of this statement N s d Z regae they are nwrted su Thin may newlt erxwn. Voo rngaen to does the in have ft or e b. It the co PD next to •Oelance Rafe Applied To,• we multiply the er you d °r0°! °PD°°ring on your account a .a emu .,-Wait to be dosed air tfe reooarsnc of your atxount it it has a".dY ban closed. For example, it yew eudnrized a purdlese fran a mercham and we sec account the treroactlen Nan tha mendha. after your th. .. of has been =, yourauaent wall be reopened. and you preapWble to pa ,..Iif there isc as your Orman baalhiP tee 10 your aceout, the fee wall oronNkRae to ie derged, to the extent pemitted br, law, until the account belanne hoe bum paid in full as defined above. 7. Usirig Your Aeaasnt.Ymur card OF account cannot be used in come'hm with any Internet gambling trar.actiats. BILLING RIGHTS SUMMARY (in Can Of Errors Or Questions About Your Bill) If you think your bill is wrong, or if you need more intomstim on e trarotction or bill, write to us m a separate sheet as soon as possible at the address for kngnide° shown on the from of this statement. We must hen from you no later than BO dsp after we sam you the flan balm wfach ft error or problem appeared. You can uN ewe Qatomer RNarioro rsNAAF, but doing a will not preserve your m In the dlowing information: your ur more ='==r, the cted error, a description of the e error and an mp you )t Peebbk,mfofomurim, a descdpt why you believe there is an offer; or if i you creed more im of the itern you are Uhaxe abort. You do not have to pay any .mart in question Is we am investigating it, but you are adi obligated to pay the parts of your bdi that are net in 9uesdon. While we investigate your question, we cannot report you as delinquent or take any scrim to collect the ananv you question. t,t Special Rule For Credit Card Purchases If you have a =M em with the quality of prtpany or seroexs that =sed with a credt cam and you have tried n goad faits 'OZ= the Problem with the have :m, you may have nct to per the remaking men,h a-- efue m =-..,y or sen cos. You have this protecion oily rchase price win more than 9110.00 and the purdese was made in your hone stns or witbln 100 miles of you mailkp addr n (If we own or Od m the verriwruem for merohi ot Ifhe property we or mailed servicesyou, T hll purchases a are covered regerdes of mount or location of purchase.) Ruse remember to sign all correspondence. t Duos not apply io consumer non-credo( card accounts t Does not apply to business non- a& card acmraxs Capital One supports Intortaetim privacy protection: see our wn"m at www.caphaloe.cu^. Capital one is a federally registered mervica mark of Capital One Fnancial Corporation. An ri" reserved. 0 2003 Capital One 01LOLBAK lenhparlam Notice: Paynhats you mail to rat will be credited to your ettM sot of tha exmer Y3 p.m Efv 112 nosh PT1,Re,ae sllowtn leanfive 5) h oDUalneea deYa for Poarel delivery- k ida. n tha eindosed remittance envelope ana 121 Your fpaymem is received in ou PneomdrlN _ Pa other to - eax? do rot taxttae sbplea, P°P°r WWr elctawtherh preparing 1'OU P°Ymad. not When You sand w dnck{'ar)m, YW sur o Ue us to mskne?a one tiros elMxtronine tranufaSetwde e>° ?hmk p R axronet for the amoum of the deck. This whim =1.1-4=k, to ail cotta receivsd during the billing cycle even it serlt by saneorne doe- It we urvet Wunr° the trcreter, you audgrize us to make a a barge against you bank accord a paper draft or other item. N S7HH3 Ll S,vr VERIFICATION CAPITAL ONE BANK, F.S.B. vs LEMUS, VICTOR A The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities, that he/she is, UVONDA BROOKS, Authorized Agent, of CAPITAL ONE BANK, F.S.B., 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. U min r6- ? UVONDA BROOKS Notary is MYRA PRINDLE Notary Public Gwinnett County Georgia My Commission Expires July 31 st 2009 1 L 4802132506071300 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. Request for Military Status Y ,f Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 MAR-15-2007 05:41:10 Last Name First/Middle Begin Date Active Duty Status Service/Agency LEMUS VICTOR 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, Lwww.defenselink.m.il faq/p1s/PC09SLDR.htm1 WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: CALBUSEPDZX https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 3/15/2007 7 8 9-1 cn W S o p 90 Y (31 CD -rt rn 6rn --? co SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-06944 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPTIAL ONE BANK FSB VS LEMUS VICTOR A DBA LIBERTY DIN R. Thomas Kline duly sworn according to law, inquiry for the within named LEMUS VIGOR A D/B/A LIBERTY unable to locate Him in his COMPLAINT & NOTICE , Sheriff or Deputy Sheriff, who being says, that he made a diligent search and DEFENDANT DINER but was bailiwick. He therefore returns the , NOT FOUND , as to the within named DEFENDANT LEMUS VICOR A D/B/A LIBERTY DINER 97 R AUTUMN LANE #R FNOLA. PA 17025 APARTMENT IS VACANT Sheriff's Costs: Docketing Service Not Found Surcharges 1 \1D So an s: 18.00 14.40 5.00 R. Thomas Kline 10.00 S riff of Cumberland County 00 47.40 WELTMAN WEINBERG REIS 12/05/2007 Sworn and Subscribed to before me this day of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK F.S.B. Plaintiff vs. VICTOR LEMUS d/b/a/ LIBERTY DINER Defendant No. 07-6944 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05744351 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK F.S.B. Plaintiff vs. Civil Action No. 07-6944 CIVIL TERM VICTOR LEMUS d/b/a/ LIBERTY DINER Defendant PRAECIPE TO SETTLE. DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR: Settle, Discontinue and End the above-captioned matter upon the records of the Court without prejudice to refile and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: Attorney for la tiff 2718 Kopp s B ilding 436 Seven Av nue Pittsburgh PA 5219 (412) 434 955 WWR#0 44 1 SWORN TO AND SUBSCRIBED before me this I 1 day of , 2008 NOT RY IC COMMONWEALTH CG nEIWSYLVANIA Nc+aii'?l Seal Wendy L. G u{'1, Notary Public City Of Pittshurgh, /. >; gE..eny County my commission E?; gyres July 15, 2010 Member, Pennsylvz?r,,;, ;... u;airon of Notaries '_ _ ? c? _ C`" -r't ! a.. ? C:.7 i ^'1 ? ??, ??? ??.