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Home My WebLink About10-0517"? E-i. _ 2 10 J;'?a 22 ?i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: 10-517 Civi I -ter A-, vs WILLIAM B FRANKENFIELD AKA WILLIAM FRANKENFIELD 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 07590359 C N Pit KMJ +Ra..oo Apo A-pf &--0 8ga3s3s/y4o8N84 0 *,2 a 6,110 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No WILLIAM B FRANKENFIELD AKA WILLIAM FRANKENFIELD 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 (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: WILLIAM B FRANKENFIELD 134 OLD STATE RD GARDNERS, PA 17324 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX7945 . 4. Defendant made use of said credit card and has a current balance due of $111.21.01 , as of December 28, 2009 . 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 23.100% per annum on the unpaid balance from December 28, 2009 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 111" 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 , WILLIAM B FRANKENFIELD , individually , in the amount of $11121.01 with continuing interest thereon at the rate of 23.100% per annum from December 28, 2009 plus costs. James C. rmbrodt,42524 WELTMAN, W INBERG & REIS CO., L.P.A. 436 Sev nt Avenue, Suite 1400 Pittsb rgh PA 15219 (412) 434 955 FAX: 12 38-7130 07590 5 C N Pit KMJ 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 vu IBIT RNANCE Previous Balance Payrents & Credits C jI Transactions New Balance Minimum Payment Due Date $7,863.87 - $0.00 + $168.21 + $78.00 = $8,110.08 $879.00 Sep. 29, 2008 Aug. 05, 2008 - Sep. 04, 2008 Page 1 Of 1 Visa Pbadmffn Acwwt 43V-T221d02B4945 Your AAxount Infomrafion TOTAL CREDIT LINE $7,500 00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $7,500.00 AVAILABLE CREDIT FOR CASH $OAO lnarlCe Charges (Please see reverse for important information) Balance rate Perodc Corresponding FINANCE Wood to rate APR CHARGE Purchases $6,67137 006622°8 D 24M $14109 Cash 5128231 0008M D 24.W% $2712 ANNUAL PERCQRAGE RATE app9od Ihis period: 24.90K 91c At Yore Service • Co m www.w mbrr.oan to maage yw w=t, r Cd 1 009033637 tr retort a bt a to n cad or Watt m CLstxrer Rekao s 0 Pay Onkne at wAww.caotelman or mal)mrpafrent to cptam Ore Bak (USA), NA • P 0 Bak 70864.OadB, NC 28272-0884 Said InWities to: Opal Orr P 0 Bw ? Set Lola CAy, UT 84130.= ® Hm a question about a charge on poor ddament7 Please refer tote Bung Rights Summary on the beds of you statement or vsd You're belirld by three payments But you can Lxng your aooo nt anent try paying ft minmum payment amount on you statement Vyoute hawsg finarml difficulties and you're feeing overwhelmed we want to help Q} - one of our associates a cal at 1800 955 6670 Yodd tr_ mrpesed wont we can do tDXQer to work tits out. Payments Credks de k4ustments Transactions 1 29AUG PAST DLE cFF 53900 2 04 SEP OVERLIMIT FEE SEP 04, 2008 $39.00 Under terms previously disclosed to you, some or all of your Annual PenxMage Rates (APRs) have been increased since you accatM was past due twice n the past 12 bikg cycles If you rates have ateady rc sad, srbseq)ad dafrs}e cres exte dad the dcakun of Qe nmeased rates Rem arrk er If we recene you mrwnum monthly payment on time for 12 mrmsrubve billing eyries, the amount will be remwed for a possiole rectum to your Non-Introductory APR You amount has gore war is credt kind To avoid acb honal over" fees, please pay erough to brrg your balance below your oeW hmd mmedatey, and mace sue you regain below your credit lmd Please be sure to amount fa arty fAure purchases, fees, and finance charges You were assessed a fast due fee because your rrunwram payment was not recer+ed by the die date To word this fee in the file, we recommend that you aloe at least 7 busness days for your mnanum payment to reach Captal One PLEASE RETURN PORTION BELOW WITH PAYMENT OR LAG ON TO WWW CAJ ITALANE.COM TO MAKE YOUR PAYMENT ONLINE Ca 3"One" what's your IhW 37945 04 8110080050000879009 New Balance Minimum Payment Due Date C$8,110.08 $879.00 Sep. 29, 2008 n u? +mwm Amount Enclosed C? Capital One Bank (USA), N.A. P.O. Box 70884 Charlotte, NC 28272-0684 7590359 ItIIIIIIIII,11'Illll'ItIlIl111111i11111111111,11'I'11111'Iltll'll Account Number: 4305-7221-028-7945 Please pint address or phone number flanges below using blue or black ink Aaldwrss Home Phan A7twvte Pharo E,?W addess O - 99024917552839513# MAIL ID NUMBER WILLIAM B FRANKENFIELD 134 OLD STATE RD GARDNERS, PA 17324-8948 111111,II,JllIlrlllL llllll111lllltllll'Il'Ilrlllllll,ldll„tlr Please write your account number on your payment made payable to Capital One Bank (USA), NA and mail with this coupon in the enclosed envelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. WILLIAM B FRANKENFIELD Defendant(s). VERIFICATION 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 an authorized agent of CAPITAL ONE BANK (USA), N.A., Plaintiff herein, and that he/she is duly authorized to make this Verification, 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. Dated: S Shawn Wood A049 WELTMAN, WEINBERG & REIS CO., L.P.A. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff C01111tr pt ?u?t?brr ? OFx3GE --F "kc S"ERIFF FILE', c. Jody S Smith Chief Deputy Edward L Schorpp Solicitor Uiu ?/?t?i ?q iii 1 J• ?; ?•' cu 'r, -_w- - - t-, ,. C `2, _ ., Capital One Bank (U.S.A.) N.A. vs. William B. Frankenfield Case Number 2010-517 SHERIFF'S RETURN OF SERVICE 01/25/2010 08:20 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on January 25, 2010 at 2020 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: William B. Frankenfield, by making known unto himself personally, at 134 Old State Road, Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.90 January 26, 2010 SO ANSWERS, Y R ANDERSON, SHERIFF t By Deputy Sheriff (c) countySulte Sheriff, Teieo=oft, Inc. -'_,. ". v IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. WILLIAM B FRANKENFIELD Defendant No: 10-517 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT 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 07590359 C N Pit NPE Judgment Amount $11626.49 ~i~-.o0 P r~ A"~f CK,#~~~a905 Q.# ~`~~~ ~~ ~~~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 10-517 CIVIL TERM WILLIAM B FRANKENFIELD PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendant WILLIAM B FRANKENFIELD above named, in the default of an Answer, in the amount of $11626.49 computed as follows: Amount claimed in Complaint $11121.01 Less payments / adjustments made $0.00 Interest on the remaining principal balance of $9076.16 from December 28, 2009 to March 26, 2010 @ the interest rate of 23.1000 per annum $505.48 Attorney's fees $0.00 TOTAL $11626.49 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: / James C. rmbrodt,42524 07590359 C Pit NPE Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsbur_ PA 15219 And that the last known address of the~fendant is WILLIAM B FRANKENFIELD 134 OLD STATE RD GARDNERS, PA 17324 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 10-517 CIVIL TERM WILLIAM B FRANKENFIELD NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order of Judgment was entered against you on ,c(~Q /p (xx) Assumpsit Judgment in the amount of $11626.49 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 Protho tart' By: 1 /~ ~. G~~~ WILLIAM B FRANKENFIELD 134 OLD STATE RD GARDNERS, PA 17324 Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 10-517 CIVIL TERM NON-MILITARY AFFIDAVIT WILLIAM B FRANKENFIELD The undersigned, who first 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 WILLIAM B FRANKENFIELD is not in military service. Affiant further states .that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMSC), which states that the DMDC does not possess any information indicating the individual status. WILLIAM B FRANKENFIELD 134 OLD STATE RD GARDNERS, PA 17324 is not in the military service. Further Affiant sayeth naught. SWORN TO AND SUBSC IrnED in my presenc%e~ this 3 ~ da ~ f i' IQ~'~ X1+(1 ,a ~ ~~ - _7 ~y ~~ LVOTAR PUBLIC 1 Request for Military Status Department of Defense Manpower Data Center a~' " Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Mar-29-2010 07:22:16 Last Name First/Middle Begin Date Active Duty Status Active Duty End Service Date Agency FRANKENFIELD WILLIAM Based on the information you have furnished, the DMDC does not B possess any information indicating the individual status. 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 Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). ~ -~- 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 DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as 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 status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselnk.mil/faq/pis/PC09SLDR.htm1. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA maybe invoked against you. See 50 USC App. §521(c). If you obtain additional 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 active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 3/29J2010 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:NVF9AMEEUH https://www.dmdc.osd.mil/appj/scra/popreport.do 3/2912010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK {USA),NA Plaintiff vs. WILLIAM B FRANKENFIELD AKA WILLIAM FRANKENFIELD Defendant TO: WILLIAM B FRANKENFIELD 134 OLD STATE RD GARDNERS, PA 17324 Date of Notice: Case No. 10-517 CIVIL TERM IMPORTANT NOTICE 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, GQ 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, WERG &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 7590359 N PIT G4B