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Home My WebLink About05-3901 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK Plaintiff No: () 5. y, 0 I C;,;J 1 J..<-. vs. COMPLAINT IN CIVIL ACTION ROGER A BAILEY 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 04311674 C J Pit KMJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK K-AIl6 - 2J Plaintiff Civil Action No ()"i- 3'10 J ~ T.t-- vs. ROGER A BAILEY 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, NATIONAL CITY BANK is a corporatioK-AI16-2Jfices at 1 NATIONAL CITY PARKWAY KALAMAZOO , MI 49009 . 2. Defendant is an adult individual(s) residing at the address listed below: ROGER A BAILEY 124 PINE TREE DR NEWVILLE, PA 17241 3. Defendant applied for and received a credit card bearing the account number 4489000403915673 . 4. Defendant made use of said credit card and has a current balance due of $4788.73 , as of June 24, 2005 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 6.000% per annum on the unpaid balance from June 24, 2005 . A copy of Plaintiff's Statement of Acco unt 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 , ROGER A BAILEY , individually , in the amount of $4788.73 with continuing interest thereon at the rate of 6.000% per annum from June 24, 2005 plus costs. ~ Warmbrodt, 42524 , WEINBERG & REIS CO., L.P.A. venth Avenue, Suite 2718 urgh, PA 15219 434-7955 412-338-7130 311674 C J 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. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is ~'.nnl..ff..- (Y):.:::,{)...... (NAME) ~(ThL~ ,r\\IDr of I"'Sa+lbY\C\(~OSpt~) , plaintiff herein, that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Amended Complaint are true and correct to the best of his/her knowledge, information and belief. &~~ -vnaA~ (SI A TURE) WWR#04311674 ~09-R.,- B(., k( if0 f J\ n "> G f1 r..--- ':.".-) () ,.~.. ~.., c., -1-1 '- , - C1 ~ <- Lv f\.). C- .~ I..C> .... .<: '" ~ ,-') ...c ~ C} .,'7:. 0) SHERIFF'S RETURN - REGULAR CASE NO: 2005-03901 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL CITY BANK VS BAILEY ROGER A DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon BAILEY ROGER A the DEFENDANT , at 0018:45 HOURS, on the 17th day of August , 2005 at 124 PINE TREE DR NEWVILLE, PA 17241 by handing to ROGER A. BAILEY a true and attested copy of NOTICE together with COMPLAINT and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.60 .00 10.00 .00 37.60 So Answers: ;r~4r R. Thomas Kline 08/18/2005 WELTMAN, WEINBERG & REIS Sworn and Subscribed to before By: P/~~ Deputy S eriff me this q~'floI day of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK Plaintiff No. 05-3901 CIVIL TERM vs. PRAECIPE FOR DEF AUL T JUDGMENT ROGER A BAILEY Defendant FILED ON BEHALF OF PlaintifT COUNSEL OF RECORD OF THIS PARTY: James C. Warm brodt, Esquire PA J.D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-79555 WWR#043 1 1674 Judgment Amount $ 4,862.73 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. vi , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK Plaintiff vs. Civil Action No. 05-3901 CIVIL TERM ROGER A BAILEY Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, ROGER A BAILEY above named, in the default of an Answer, in the amount of $4,862.73 computed as follows: Amount claimed in Complaint $4,788.73 Interest from June 24, 2005 to September 26,2005 at the legal interest rate of 6% per annum $74.00 TOTAL $4,862.73 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. PlaintitYs address is: c/o Weltman. Weinberg & Reis Co., L.P.A.. 2718 Koppers Building. 436 7th Avenue. Pittsburgh. PA 15219 And that the last known address of the Defendant is: 124 PINE TREE DR NEWVILLE.PA 17241 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK Plainti!r vs. Civil Action No. 05-3901 CIVIL TERM ROGER A BAILEY Defendant NOTICE OF JUDGMENT OR ORDER TO: () Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on dcl- 1- I J nDS (xx) Assumpsit Judgment in the amount of$4,862.73 plus costs. () Trespass Judgment in the amount of $_ plus costs. () Ifnot 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 ofJudgment of () Court Order () Non-Pros () Confession (xx) Default () Verdict () Arbitration A ward ROGER A BAILEY 124 PINE TREE DR NEWVILLE,PA 17241 Prothonotary ~~ By' PRC)T ONOT li) Plaintiff's address is: c/o Weltman. Weinberg & Reis Co.. L.P.A., 2718 Koppers Building, 436 7'" Avenue, Pittsburgh, PA 15219 1-888-434-0085 , Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center _ Military Status Report ., Pursuant to the Service Members' Civil Relief Act SEP-26-2005 11 :06:00 < Last Name First/Middle Begin Date I Active Duty Status I Service/Agency BAILEY 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 ofthe Department of Defense Manpower Data Center, the above is the current status of the individual, per the Information provided, as to all branches of the Military. ~~~~ Robert J. Brandewie, 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 Service Members 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 most strongly encouraged to contact us by Fax at (703-696-4156) or by phone at (703-696-6762), We will then conduct further research, Your failure to re-contact DMDC may cause provisions of the SCRA to be invoked against you. This response reflects current active duty status only. For historical information, please contact the military services SCRA point of contact. See: http://www.qefenselIDk.mil/fugLpisIPC09SLDR.h(rn1. Report ID:BIPGIZAMJGK https :llwww.dmdc.osd.mil/scra! owa! scra. prc _Select 9/2612005 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK Case no: 05-3901 CIVIL TERM Plaintiff NON-MILITARY AFFIDAVIT vs. ROGER A BAILEY Defendant 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 malter. 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, ROGER A BAILEY 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, ROGER A BAILEY is not in the military service. Further Affiant sayetl! naught. ~ SWO of 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 NATIONAL CITY BANK Plaintiff 05-3901-CIVIL ROGER A BAILEY Defendant IMPORTANT NOTICE TO: ROGER A BAILEY 124 PINE TREE DR NEWVILLE,PA 17241 Dale of Notice 09/1e) (j::;- , 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE 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 By: William T. Molczan, squir PA I.D #47437 WELTMAN, WEINBERG & REIS CO, LPA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #04311674 D C ;v ~ ~ 1f:. ~ ~ ~ j ~ lIS ..(Q. -a , ~ -0 f- g r - ~ Cl r- j ", ~ C:'.;l LM ~, {~~ -, o -n .-1 N;~?, -,"-" ': 1 cn ~2 :t~ -:J ~;::\ ::;;;;,., ::\ ~ '< ~J ::;.;: ':! N N '"' ..~., ( IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK Plaintiff vs. Civil Action No. 05-390 I-CIVIL ROGER A BAILEY Defendant PRAECIPE FOR SATISFACTION OF JUDGMENT At the request ofthe undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. WEL TMAN, WEINBERG & REIS CO., L.P.A. c:.::;;..- . ..'.'.....--ft--, 'If--- By: James C. rmbrodt, Esquire Pa. LD.No. 2524 Weltman, einberg & Reis, Co, LLC 2718 Kopp rs Building 436 7th A v nue Pittsbur I PA 15219 , -<,.' 'i" .',," ,,'I-! !',r P:::':\:NSYLVANIA "...." ,.1 ,.!~ IV1 .....!,'~ J : .~:.~~.:..'.u___~~ _..__ ,-.-.--..-..- ~\j..i"(i'!\i '''"at l \Nendy L. G'~~it, Notary Public ("V,," r)t '1'''I'}'l''burgrl Allegheny County .......\ 'J ....1 ~"". l . ~ ~~_~~~~~~~:,::.E:':Plres July 15, 2010 . t\~~~;~~':'.H, P'::-n:.;s)iivEr';!a~\s~;)C(a:!on of Notanes " WWR No. 04311674 .... , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NATIONAL CITY BANK Plaintiff No. 05-390 I-CIVIL vs. PRAECIPE FOR SATISFACTION OF JUDGMENT ROGER A BAILEY Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire Pa. J.D. No. 42524 Weltman, Weinberg & Reis, Co, LLC 2718 Koppers Building 436 ih A venue Pittsburgh, PA 15219 WWR No. 043] ]674 (:) ~ ~ V) 7i \) --:> >~ - ~ D ~ -.. ~ ~ w , c'J ~ --.:-, W i"" ~. ~- V) ~ - - .' --... W c..;', () ;- -----.