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Home My WebLink About08-0882 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: $$a O'ivi(-Ietm VS. COMPLAINT IN CIVIL ACTION RICHARD BYERS 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 06253064 C N Pit BNT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No RICHARD BYERS 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 15000 CAPITAL ONE DRIVE RICHMOND , VA 23238 . 2. Defendant is adult individual(s) residing at the address listed below: RICHARD BYERS 300 N FAYETTE ST SHIPPENSBURG, PA 17257 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXXXXXX324G . 4. Defendant made use of said credit card and has a current balance due of $1261.82 , as of December 27, 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 28.9900 per annum on the unpaid balance from December 27, 2007 . 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 , RICHARD BYERS , INDIVIDUALLY , in the amount of $1261.82 with continuing interest thereon at the rate of 28.99096 per annum from December 27, 2007 plus costs. James WELTM 436 S Pitt (4121 06 Warmbrodt,42524 EINBERG & REIS CO., L.P.A. n h Avenue, Suite 2718 g , PA 15219 -7955 -338-7130 C N Pit BNT This law firm is a debt collector att p ing to collect this debt for our client and any information obtain will be used for that purpose. oa what's in your wallet?' RICHARD BYERS NOT PAYING YOUR DEBT ON DOESN'T MAKE IT GO AWAY. In fact, even if we report your account as charged off, you'll still be responsible for paying your debt. So why nat call us to see what we can do together to keep you from receiving such a serious mark on your credit record? We're here to help. Please contact us to find a solution that's right for you. You can make a payment with our {fig check by phone service or speak to an associate by calling 1.800.955.6600. Make sure you cal or pay the amount due on your statement vaidhkh 30 days to laeep your amount from being charged of. ® 2006 Capital One .Sn wet, Inc. C Pad One is a frdemlr nuumd s rma mark. All nghir iozr 058.07754 C W Account rrevrous nahanee $764.23 Payments, Credos and Adjustments $.00 Tnmsctions $29.00 Finance Charge, 618.71 New Balance $811.94 Nfinimurn.4tn+Sunt the SR11-9. Payment Due Date July 17, 2006 TOW Credit Line $500 Total Available Credit $.00 Credit Line for Cash $500 Available Credit for Cash $.00 Atyoursavice To asIl Cwtomer Relstiew or to apart a lot or aa" ark 1-800-903-3637 Sind ptymmts tv. Sod i mpais tom Atta Remittmoe Praosaieg CyialOseBask C.?1pa P.O. Box 790236 P- goo;5 St Louis, MO 63179-0216 SLC, UT $4130-M Important Accotmt Info ms6on Take control and a= ppaayyitnngg yor bM online for five. Ehminam the hawk of xridgg specks findi, otataps, and soling envelopes. Eveythvyg you need to access, review, and pay your boll is awl" online. Our webaite ofm you a eo men4 am* and secure way to manage your acm= Vint www.eapiulone.eom and register your account to start -PCB your lik today'. PLATINUM v1SA ACCOUNT - MAY 18 -JUN 17, 2006 4862-3625-7068-3246 i ?j JV' 1 Per 1 of 1 to, Credits and Admotments Trmeactions 1 17 JUN PAST DUE FEE $2900 1,Oo accent ii sna paj znents behind. '1we chi ge nff y:n accrnrn; due to :ate paymen s we wjll repon tiv s to si'verai nairorul credit bureaus whuh may have a seriom irnpaC on your credit record. Act now to prevent this from }appening. Please par the arneunt dne on ym.r satement or give. ws a tail at 1.R:k^,.955.tii>!x.. 1i'e1l work with you so rou Can rake con?ol of yorr Capita; One aocoscnt and ca t yeti rilding your aedir. You were assessed a past due fee of $29.00 on 06/17/2006 bec. your minima„n payment was not received by the due date of 06/17/2006. To avid this fee in the fin ure, we recommend that you allow at least 7 businm days for your payment to reach Capitol One. EXHIBIT Finance Charges Pkaxav reuerxnde far important iay6rmation .alt pt, r/r APR1- APR PAW ?`1 PURCHASES $773.24 CASH .07w%p 28.49% 515.71 too .07804%P 28.49% too ANNUAL PERCENTAGE RATE grpl'ted this period PLEASE RETURN PORTION BELOW WITH PAYMENT V `$a 0000000 0 4862362570683246 17 0811940015000811945 New Balance, $81194 Minimum Amount Due $81194 Payment Due Date July 17, 2005 Total enclosed $ Aoeo at Number. 4862-3625-706&3246 r28.49% Pk-fiAtwn7.r."--Jot -7.h.rt..l.-.. VW.r-,Wk L base Apt s? ZIP Homy P6cne Alnemaoe Phone • Pm 1Add,as ?na #9016997561348483# MAIL ID NUMBER Capital One Bank RICHARD BYERS P.O. Box 790216 Islulnslllslnlulsl 0 300 N FAYETTE ST St. Louis, MO 63179-0216 .01. i SHIPPENSBURG PA 17257-1106 LllaattlLrtrllLaalLlrrllrrrarlrhtJlJlrrardLllrrlralrl ? IaralllaraL.LLLLLrrlaaallaaallllaaad6allrtalLrrllrrrl Pk" runteynnr auoawt number on yaw cW or money arils niadrpVabte to Capital One AmA and mail w the erclamd enzwApG r A VERIFICATION CAPITAL ONE BANK vs BYERS, RICHARD 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, JAMELA SINGLETARY, 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. JAME /GLETARY Notary Public r e?,,, °? rry Pfr``.. DES ? Ili, ?0 4862362570683246 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. L na o ?p Z E - co 00 Z co -p .. W F w 7'` O 18 SHERIFF'S RETURN - REGULAR CASE NO: 2008-00882 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS BYERS RICHARD DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BYERS RICHRD the DEFENDANT at 1130:00 HOURS, on the 8th day of February 2008 at 300 N FAYETTE STREET SHIPPENSBURG, PA 17257 by handing to DAVID ROBINSON, BROTHER IN LAW ADULT IN CHARGE 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 19.20 Affidavit .00 Surcharge 10.00 4/40p q- 00 /' 47.20 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 02/11/2008 WELTMAN WEINBERG REIS r, ? i By: Deputy Sheriff el' A. D. ?A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. RICHARD BYERS Defendant No. 08-882 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D. #47437 WELTMAN, WEINBERG & REIS CO. 1400 KOPPERS BLDG. 436 7TH AVE. PITTSBURGH, PA 15219 (412) 434-79555 W WR#06253064 Judgment Amount $ 1357.03 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. 08-882 CIVIL TERM RICHARD BYERS Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, RICHARD BYERS above named, in the default of an Answer, in the amount of $1357.03 computed as follows: Amount claimed in Complaint $ 1,261.82 Interest from 12/27/07 to 4/2/08 at the legal interest rate of 28.990 % per annum $95.21 TOTAL $1357.03 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: 4, WILLIAM T. MOLL N, ESQUIRE PA I.D. #47437 WELTMAN, WEINBERG & REIS CO. 1400 KOPPERS BLDG. 436 7TH AVE. PITTSBURGH, PA 15219 (412) 434-79555 W WR#06253064 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: 300 N FAYETTE ST SHIPPENSBURG,PA 17257 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. RICHARD BYERS Defendant Case no: 08-882 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, RICHARD BYERS 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, RICHARD BYERS is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN TO AND SUBSCRIBEEDp in my presence this day ? L1 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 (USA),NA Plaintiff RICHARD BYERS Defendant(s) IMPORTANT NOTICE TO: RICHARD BYERS 300 N FAYETTE ST SHIPPENSBURG,PA 17257 Date of Notice: o-31--)Lt 1Q? WWR## : 06253064 Case # (J'fj- FJb-2 C\V1L 1 ER'r'l 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: ? _V ??CnMU?J uj0u vu,0' PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 APR-02-2008 06:55:20 Last Name First/Middle Begin Date Active Duty Status- Service/Agency BYERS RICHARD A 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. y6t in. 4A4- 4?? 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 5ervicemembers Civil Relief Act [50 USCS Appx. 55 501 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. https://www.dmdc.osd.mil/scra/owa/scra.prc-Select 4/2/2008 Request for Military Status Page 2 of 2 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.defensel_i.nk.mil/fa4/pis/PC09_5_LDR.htm_ l WARNING: This certificate was provided based on a name and Social Security number (55N) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report IDZCRKLIGQRR https-://www.dmdc.osd.mil/scra/owa/scra.prc-Select 4/2/2008 0 O - 00 _ .:: 6' ;rt CZ) 00 9-) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 08-882 CIVIL TERM RICHARD BYERS Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or u gment was entered against you on /o 69 (xx) Assumpsit Judgment in the amount of $1357.03 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: PRO HONOTARY DE TY) RICHARD BYERS 300 N FAYETTE ST SHIPPENSBURG,PA 17257 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 1-888-434-0085 r? ?:-? .-:? --r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. RICHARD BYERS Defendant(s) No. 08-882 CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT 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) 434-7999 WWR#6253064 CFR r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 08-882 CIVIL TERM RICHARD BYERS Defendant(s) PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. W m PA I.D. # 4 52z WELTM , ? 1400 Kop ers 436 Sev th Pittsbur A (412) 43 -7999 WWR #6253064 Sworn to and subscribed before me th' 14 day 9 cr OMMONWEALTH OF PENNSYLVANIA Wendy L fault, Notary Public C.- of PO WX=h. AftgWW ?? 01 NOTARY P i?temt?, Pftnneytwnia + t, Esquire ERG & REIS CO., L.P.A. uilding venue 15219 2669 DEC -3 PH 12: 3 9 c K #- 4/3 /Z#, ?-, -7