HomeMy WebLinkAbout08-5341c M
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff No: _ 53y? ?tVil i r*%
VS.
COMPLAINT IN CIVIL ACTION
CHERISH C MYERS
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 1400
Pittsburgh, PA 15219
(412) 434-7955
FAX: 412-338-7130
06436305 C N Pit CFR
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
VS. Civil Action No
CHERISH C MYERS
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
i
COMPLAINT
1. Plaintiff, CAPITAL ONE BANK (USA),NA 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:
CHERISH C MYERS
112 CAVE HILL DR
CARLISLE, PA 17013
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXXXXXX7620 .
4. Defendant made use of said credit card and has a current balance
due of $1327.25 , as of July 14, 2008 .
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
28.100 per annum on the unpaid balance from July 14, 2008 . 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 , CHERISH C MYERS , INDIVIDUALLY , in the amount of
$1327.25 with continuing interest thereon at the rate of 28.100% per
annum from July 14, 2008 plus costs.
James C.
WELTMY12
436 SPitts(412) FAX: 06436 armbrodt,42524
EINBERG & REIS CO., L.P.A.
h Avenue, Suite 1400
PA 15219
7955
338-7130
C N Pit CFR
This law firm is a debt collector attemp g to collect this debt for
our client and any information obtained Vil be used for that purpose.
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VERIFICATION
CAPITAL ONE BANK (USA), N.A.
vs
MYERS, CHERISH C
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, ARYONNE MABSON, Authorized Agent, of CAPITAL ONE
BANK (USA), N.A., 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.
ARYONNE MABSON
Notary Public
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4862362599547620
A049
WELTMAN, WEINBERG & REIS CO., L.P.A.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-05341 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAPITAL ONE BANK USA N A
VS
MYERS CHERISH C
BRIAN BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
MYERS CHERISH C
the
DEFENDANT at 0817:00 HOURS, on the 13th day of September, 2008
at 112 CAVE HILL DRIVE
CARLISLE, PA 17013
GEORGE MYERS, FATHER
by handing to
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
)01 opy ?,
18.00
5.00
.00
10.00
.00
? 33.00
Sworn and Subscibed to
before me this
day
So Answers:
R. Thomas Kline
09/15/2008
WELTMAN WEINBERG REIS
By:
c
Deputy Sheriff
of A. D.
1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA), NA
Plaintiff
vs.
CHERISH C MYERS
Defendant
No. 08-5341 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., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#06436305
Judgment Amount $ 1,408.77
THIS LAW FIRM IS ATTEMPTING `CO 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 (USA), NA
Plaintiff
vs. Civil Action No. 08-5341 CIVIL TERM
CHERISH C MYERS
Defendant
TO THE PROTHONOTARY:
PRAECIE FOR DEFAULT JUDGMENT
Kindly enter Judgment against the, Defendant, CHERISH C MYERS above named, in the default of an
Answer, in the amount of $1,408.77 computed as follows:
Amount claimed in Complaint
$1,327.25
Interest from July 14, 2008 to November 19, 2008
at the legal interest rate of 28.10% per annum $81.52
TOTAL
$1,408.77
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. Molcza ,Esquire
PA I.D. 947437
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#06436305
Plaintiff's address is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219
And that the last known address of the Defendant is: 112 CAVE HILL DR, CARLISLE, PA 17013
IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA), NA
Case no: 08-5341 CIVIL TERM
Plaintiff
VS.
CHERISH C MYERS
Defendant
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, CHERISH C
MYERS 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, CHERISH C MYERS is not in the military service.
Further Affiant sayeth naught.
SWORN TO
of ,/IJCV
AFFIANT
JD SUBSCRIBED in my presence this
,-.Nk.
c day
pEp* SYLVANIA
t Q! n `,3 10 V3 my
t, y Ltl,4y ne y
29.7010
nIis'
Member, pennsylvan!a A33UCiation 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
0 aw
' ?? Military Status Report
1;' r' Pursuant to the Servicemembers Civil Relief Act
`'.
Page 1 of 1
NOV-04-2008 12:54:09
,,Last Name First/Middle Begin Date Active Duty Status Service/Agency
MYERS CHERISH 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.
IA.
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 statuslonly. For historical information, please contact the Military Service SCRA
points-of-contact.
See: http://www.defenselink_.mil/faa/pis/PC09S_LDR.ht_ml
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: BLRFXQTDGC
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https://www.dmdc.osd.mil/scra/owa/scra.pr(;__Select
11/4/2008
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
CHERISH C MYERS
Defendant(s)
IMPORTANT NOTICE
TO: CHERISH C MYERS
112 CAVE HILL DR
CARLISLE, PA 17013 rte, rS
Date of Notice: in --r)q
WWR#: 06436305
Case #69 -s,? t - c,U` k lef
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 :
PATRICK THOMAS WOODMAN
PA I.D. #34507
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 KOPPERS BLDG, 436 7TH AVE.
PITTSBURGH, PA 15219
(412) 434-7955
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA), NA
Plaintiff
VS. Civil Action No. 08-5341 CIVIL TERM
CHERISH C MYERS
Defendant
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
Y04 are hereby notified that the following
Order or Judgment was entered against you
on
Assumpsit Judgment in the amount
of $1,408.77 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: 'dAd
PRO HONOTAR UTY)
CHERISH C MYERS
112 CAVE HILL DR
CARLISLE, PA 17013
Plaintiffs address is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7"' Avenue, Pittsburgh, PA 15219
1-888-434-0085