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Home My WebLink About08-55335 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA _ Plaintiff No: ?S S5 l.tUzL - - ` vs. ASHLEY R BARRICK COMPLAINT IN CIVIL ACTION 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 06742218 C N Pit BLK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. Civil Action No ASHLEY R BARRICK 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 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 , ASHLEY R BARRICK , INDIVIDUALLY , in the amount of $2477.60 with continuing interest thereon at the rate of 19.9000 per annum from July 14, 2008 plus costs. James Warmbro t,42524 WELT , WEINBERG & REIS CO., L.P.A. 436 S ve th Avenue, Suite 1400 Pitt bu gh, PA 15219 (41 4-7955 FAX. 4 2-338-7130 06742 18 C N Pit BLK This law firm is a debt collector att m ting to collect this debt for our client and any information obtainbd will be used for that purpose. FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date $1,802 75 - $0 00 + $30 74 + $35 00 = $1,868 49 $361 00 Feb 15, 2007 Dec 16, 2006 - Jan 15, 2007 Page 1 of 1 Visa Platinum Account Vi a Plat cc PLEASE PAY AT LEAST TW A MAT Your account is six payments behind If we charge off your account due to late payments, we will report the s .2858.4 charged-off status to several national credit bureaus, and the Purchase APR as reflected on this statement will be applied to all your outstanding balances Act now to prevent the from happening Please pay the amount due Your Account Information on your statement or give us a call at 1800 955, 6600 Well work with you so you can take control of your account and start rebuilding your credit with Capital One TOTAL CREDIT LINE $2,00000 TOTAL AVAILABLE CREDIT $13151 CREDIT LINE FOR.CASH $2,00000 Payments, Credits & Adlustmerds AVAILABLE CREDIT FOR CASH $13151 Transactions Finance Charges (Please see reverse for important information 1 15 AN PAST DUE FEE S35 OD Balance rate Period" Con APRng FINANCE applied to rate Under terms previously disclosed to you, some or all of your Annual Percentage Rates (APRs) have been Purchases $1 818 69 0 05452% 1990% $3074 Increased since your account was past due twice in the past 12 filing cycles If your rates have already , Cash $0 OB 0 05452% 1990% $0 00 Increased, subsequent delinquencies extended the duration of the increased rates Remember If we receive your mmimum monthly payment on time for 12 consecutive bding cycles, this amount will be reviewed for a ANNUAL PERCENTAGE RATE applied this period. 19.90% possible return to your Non•Introduaay APR At Your Service 1-8004W7070 AT-b Your When you provide a check as payment, you authorize us either to use nformatlon from your clack to make a To call Cuslonroor s or io report a lost orsttten cam one-tine electronic fund transfer from your account or to process the payment as a check transact on When we use Information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you wit riot receive your check back from your financial Serb payments to. nsbtNm capital One Bank P 0 Smk 70884 Chamtte, NC 28272-0864 ® You were assessed a past due fee because your minmum payment was not received by the due date. To avoid S d i i this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach A en nqu ries to. Cap" One Cap W Ore P 0 Bw 30285 Sea Laker City, UT 86130.0285 EXFrNBIi l 6056 506 1 7 15 070115 PAGE 1 of 1 DIEC6056 PLEASE RETURN PORTION BELOW WITH PAYMENT Capft 1(hV what's in your wallet' 0 4862362528584207 15 1868490060000361002 New Balance Minimum Payment Due Date C$1,868 49 $361 00 Feb 15, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed Capital One Bank P.O. Box 70884 1I1w111uulnlr11n1 Charlotte, NC 28272-0884 Account Number. 4862-3625-2858-4207 Please print address or phone number changes below using blue or black ink Hone Phone Alternate Phone E-mall address @ #9D01672742417898411 NAIL ID NUMBER ASHLEY R BARRICK 363 BURGNERS RD CARLISLE, PA 17013-8921 I 11111 111 111 inm 11 nil I I 111 11 r 1 11111 pin will 11111111 I11 1 11 6742218 Please write your account number on your check or money order made payable to Capital One Bank and mad with this coupon in the enclosed envelope VERIFICATION CAPITAL ONE BANK (USA), N.A. vs BARRICK, ASHLEY R 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. C11- ARYONNE MABSON ?Q?-- Notary Public SHARCrN RE€JRENS MY COW ; . ._:::,uER 16 2011 4862362528584207 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. V -6a c F cl-) r. N rn co -ta r 0 w a ? rn SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-05533 P CaMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK USA NA VS BARRICK ASHLEY R R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BARRICK ASHLEY R but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT , BARRICK ASHLEY R 363 BURGNERS RD NOT FOUND , as to CARLISLE, PA 17013 GIVEN ADDRESS IS VACANT. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: Docketing 18.00 Service 6.00 Not Found 5.00 Surcharge 10.00 f0'bSl'0 S 9r^- 00 3 9. 00 So answers: R. Thomas Kline Sheriff of Cumberland County WELTMAN WEINBERG REIS 09/24/2008 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 (USA),NA Plaintiff vs. ASHLEY R BARRICK Defendant(s) No. 08-5533 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA ID #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Buidling 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6742218 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 08-5533 CIVIL TERM ASHLEY R BARRICK Defendant(s) PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. W rodt, PAID #425 4 WELTM 4 INB P 1400 Kop ers uidlin 436 Sev Avenue Pittsbur , PA 15219 (412) 434-7955 WWR #6742218 Esquire & REIS CO., L.P.A. 2 G 3 t ?. * (c). 00 P o iATTb c4c, * $8'1 l O l 4 PT*- aasq o3 . VERIFICATION CAPITAL ONE BANK (USA), N.A. vs BARRICK, ASHLEY R 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 'NS e j3 4862362528584207 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. Sheriffs Office of Cumberland County r of ?'umb" Edward L Schorpp R Thomas Kline fl t?t Solicitor Sheriff ? -? '? ?t.?t9y 4 ?Y ;, •,.. Jody S Smith Ronny R Anderson Chief Deputy OFFICE of THE s"FRIFr Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/04/2009 11:59 AM - William Cline Deputy Sheriff, who being duly sworn according to law, states that on June 4, 2009 at 1158 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Ashley Barrick, by making known unto Ashley Barrick personally, at 837 N. West Street, Carlisle, Cumberland County, Pennsylvania, 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $32.50 June 04, 2009 2008-5533 Capital One Bank V Ashley Barrick SO ANSWERS, R THOMAS KLINE, SHERIFF pu y Sheriff C-) N C= cm? Z "Um C- {Mj M ?. ? Q r? FT'1 GJ Q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. ASHLEY R BARRICK Defendant No. 08-5533 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#06742218 Judgment Amount $ 2,867.97 w IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 08-5533 CIVIL TERM ASHLEY R BARRICK Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, ASHLEY R BARRICK above named, in the default of an Answer, in the amount of $2,867.97 computed as follows: Amount claimed in Complaint $2,477.60 Interest from July 14, 2008 to July 31, 2009 at the legal interest rate of 19.90% per annum $390.37 TOTAL $2,867.97 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: k/ma/1 William T. Molczan, quire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06742218 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 70i Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 1101 CLAREMONT RD UNIT L, CARLISLE, PA 17015 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. ASHLEY R BARRICK Defendant Case no: 08-5533 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, ASHLEY R BARRICK 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, ASHLEY R BARRICK is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN TO A D SUBSCRIBED in my presence this day of NO ARY PUBL C COMMONWEALTH OF PENNSYLVAMA Nowrwj Seat deuIt Notary Public E,,* urph Al4 CWnly 0n Expires July is, syl. 2010 Arp Assodation of Nota ries Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act •`i i? Page 1 of 1 JUL-27-2009 06:35:01 "4- Last Name First/Middle Begin Date Active Duty Status Service/Agency BARRICK ASHLEY 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. jot Aavt 101 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/pi5lPC09SLDR.htmi 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: BPLOCGJCCHH https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 7/27/2009 -ft IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. ASHLEY R BARRICK Defendant Case No. 08-5533 CIVIL TERM IMPORTANT NOTICE TO: ASHLEY R BARRICK 299 GREASON RD #2 CARLISLE, PA 17015 Date of Notice: 0 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew Urban P,A.I.D.# 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 6742218 N PIT KM3 Vol ?u D p? C? ?.? aa,.g3a-1 ?o IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. Civil Action No. 08-5533 CIVIL TERM ASHLEY R BARRICK Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Jud ent was entered against you on 13 ha (xx) Assumpsit Judgment in the amount of $2,867.97 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: P ONOT EP Y) ASHLEY R BARRICK 1101 CLAREMONT RD UNIT L CARLISLE, PA 17015 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7t' Avenue, Pittsburgh, PA 15219 1-888-434-0085 - --. --UPILLIL LLEf9_T(]-VMSH1 P _- I Plainall V$ 1 Thomas e ! 1 Defendant in the Court of Common Ylras of C umbnlaod County, Pronsylvaoia Judgmrnt to favor of Plainoa on for .5'2. l `l No. U 9- 5 9 C ? 5 C I V I L T c,. Upper Allen Township Plainsin .n the above Judgment do appear and aelarve-Itdge that R- -aQ this day have had and received and hom -Din/in n C FAYY)Lj l molgIl LN defendant in the above Judgment, full pa n6mi and satisfaction of the same. wth tntetest and eosu, and darred tJsat sansfacnon d,or Int. than be cntc-,ed upon the records Jte7eof Ar,d lurthc,. we do hcrrby authorial and cri-W-n L1111?5__fl l_tlllg-___ tht hothonotary of ta,d Court 10 appear for us _ and to (L,( ?atnt and steatJ to rnrn full sahsfacoon upon the record of said Judgment, as fully and rflu rually. to all intrnu and purposes, as 1I_ could wne -_tip pozonally prrsrnt m prison to do so Anil lot so doing thus shall be your u1T,c,rn, .-vrantOf aurhonry r. )A r i In testim.ny +hurrl, we have he,euruo set ow hands aid 5"Is 0,.3 day of ifS(k AD2009 --??? - ----- -- fro Isc al) (Seal) Ct„t of /r nnn t.-,nla 1 (ounry of 1-vmb.rl, nd.f Vnson;illyappcArzJbrforcme.the subsmbcs. UppPi Allen Township-Amber N, Jacobs the Pb,nnn in the ahoy ludgmcnl and in due form of law acknowledged the within and forePo,ng Pown of Arsomry to sansly the Judglnnt su lords. .o fat 1 1) P art and deed, w-A desirtd that the same shall be fired of tesad in the onrer of the hothonexary of the Coun of Common Mai of sand County, In tntlmooy ?h•rrol_ 1 have hetrunto set my hind and seal this ?? das of ?noq s r > j) ESHARON' , i ND CO. IO C LED "T 7H iAPY 2099 AUG' 20 AM 11: 44 PEWNNSYLV.,"RA ,& . Ply t F, w C,k P n 2-