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Home My WebLink About06-0702 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: ()~ -76~ C;o:L ~Efl->>? vs. COMPLAINT IN CIVIL ACTION JULIE E BAY 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 04966911 C A Pit KMJ . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Civil Action No 0(,.- ?O.L- ~.':d I~ vs. JULIE E BAY 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. HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU DO NOT THE OFFICE SET 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 6851 JERICHO TURNPIKE #190 SYOSSET , NY 11791 . 2. Defendant is adult individual(sl residing at the address listed below: JULIE E BAY 110 Fairfield St NEWVILLE, PA 17241 3. Defendant applied for and received a credit card bearing the account number 5178052153687971 . 4. Defendant made use of said credit card and has a current balance due of $1939.57 , as of January 20, 2006 . 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 January 20, 2006 . 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 , JULIE E BAY , individually , in the amount of $1939.57 with continuing interest thereon at the rate of 6.000% per annum from January 20, 2006 plus costs. .------' kw . Warmbrodt,42524 , WEINBERG & REIS CO., L.P.A. venth Avenue, Suite 2718 urgh, PA 15219 434-7955 412-338-7130 66911 C A 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. , ~ Your account is delinquent. We want to help! ~ - ,- ,- ~""-_. ~ ~w></' -7 To protect your credit with us, you need to make a payment. -'tWo can help-but only if you caU us. -7 When yt)u ca!~ you can make a free ched<-by.pllone payment. ReIlJm your account to good standing. Ifs up to you to take the first step. eau usl 1-800-479-7231 CapltalOne' ~"'., ~..tS......lU'f *=vi.>w:~ "'y",,~~IIt>4^4j_lJ T_ FiN.m:;eClwi<lll ~\,fl5ibl S'" - "330 "'....I1el_ :M~Aln<>I.IctDllil htUlllllt 0- Pet S\,U~_4ot. $/,/4',," huu17,2003 S"" ". "'" S.., l<m.iCdnUlN: T~Aujl'oim<CtIIdil VedltliOOfofCaoh ^.....IloNcCrWt fu<Cuh A,y"Ws>:cvicc r.WI~""""....._.(aooj""",,"~ 1-800-903-3611 ~''''_''lI< "'- .....-.. "--' ~eo.w~ '.O&..lJH1 jil;~"Alll11l !l<D<l~1tr c.....o..s.n- PO.lIonl:!llU ~VAUID-,c" t.~AUOlI"I.f...-.ati<:M C~C/llel,'''''''''''~<lflheA"""",,",,fllJn IJUtirula CBSprhltdB/ile~~\"",_.A)<.. 100 Y..t.__1OQ~A Villai~A-na. ar-~ ~_'Of~~, ..,...m...~..,d",IWns. ..110 ~11l<:",-hcNl.h!.mo uth&....-~111m.twi.11 ,hc:IiJl;~lOillllUfIond.lloctrl4Jb>ll,H~_u.-.. C_lMOlIl ~,,,-,, lIota'l'f",rmdlNlu... lIfI""cnl<"r.e.,..q<ot.W_..,J .....,...,,""- MwinwCFIS, T~},JUlI<<.1liM:\l-ltPM(EITTI'fI)T)1.101'M Icon . . !>LA TlNL'M MASiF.llCAJtO ACCOt.;).;, jJ1f.()Hl..H4I-1<J11 AI'Jt ll. MAY 11,10<13 hplMl ""Y.n.b.Cffl,dit...... AdjINu.uu T~_ It An QVi!1l..IMlT f11.L IHI"'f l"o'\STPlJEffll 12900 UOO '(01\/....~.plIll4M*<IltlU>><:ll\CSi',1I'l;OO) ~.!'1lW""Wmlill'll plyll>\lflt_"", ,po......1!'.lbtdloed....f05l11!)OO). r..ooidth4 Wfln:!:l<llWn, ,"~lllmd!bol roo aik>wllkutl~"~Iol)'<l"~'mQUl<>n:tdIClpita101>e. ?""-Chts<< n-__......fW~~ __ ""'_ c__ ,mANCE ~.. _ M. ClIA1Ulft '1.0.0< ~~ H."" $ljJI tllO.~ v.~ J.~ """""" """ CapltalOne' ,. ntAStRfnr..NPOftTIl}NftfJ.OWWJTlil'.... "'MENT. .. ANNUAL Pltl.C1nfTAOB RAn! .,.liJtli,,..t04 2.L90'9fl 0000000 0 S11aO~215JG87911 17 1145460205]11145466 _,.--""0__.-........._...._.._.. N.....S.,Joro:.: Mj"~h~O"e l'ay~n...D.~ lltH_<< Sl14H4 1_11,}OO} t.#\ ",,1tiIlf<~ A_-.fN_...." L-_ ~\1....nl.})u."11 -, ;a a<>~ /)l:~~'.~~'"nk tltmoulMh.lul,1 ll:.lchilX>nd. VA l1:r:~ l'll.tlllJ.nt.Jflnf,lf..n,,,U.,.II,,,lIlllfJ"llll'ltlllll - ~. '" w - -- - .... -~.... - !!!II'!! . - " - G _ - "D1:J66:H1':'O~1;:' ~lL to ItIMBtll JUt:S f: BAt !>11 S/l.W ~C ~lI:"t:.J.t. "" ,1Hl-,!,B r luoill"lt"I.Muiw1l1,11l1...1,1I,,,I,I,tI!lf,I..JIIII.1 1'....._ ~___I><<...r>W~_,<>nIu..."..~~,~"" 0.., a.d-w """I " Joo~..--....I<... I VERIFICATION to unsworn falsifications to authorities, that he/she is The undersigned does hereby verify subject to the penalties of IS P A. C.S. 4904 relating ~'f\\ A K ~ 1 \[)"\I/\ (NAME) PQ~ (TITLE) of C~"f''f/J. \ 1) r7 e. 1)'i n K , plaintiff herein, that (COMPANY) he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and eorrect to the best of hislher knowledge, information and belief. ~/~~. .' (SIGNATURE) WWR# () 'f q~loq' /I \-l ~ ...., 0 e n <~.:) -;0 frt s; C:~ ~n \ =, \l. ~ .,., ..." ---; M G:; ~ ~ I - w ...:t W \) " \)oJ ll' ~ :-~ ( ..c If' ( - 1'.) -:l /J .- f'.) \Y =2 w D ~ IN THE COURT OF COMMON PLEAS OF CUM~ERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK. Plaintiff No. 06-702 CIVIL TERM VS. PRAECIPE FOR DEFAULT JUDGMENT JULIE E BAY Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLlAM T. MOLCZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 27] 8 Koppers Bldg. 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR#049669 I I Judgment Amount $ 1962.84 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 CUMp,ERLAND COUNTY. PENNSYL VANIA CIVIL DlVt~ION CAPITAL ONE BANK, Plaintiff vs. Civil Action No. 06-702 CIVIL TERM JULIE E BAY Defendant PRAECIPE FOR DEFAULT JUDGMENT TOTHE PROTHONOTARY: Kindly enter Judgment against the Defendant, JULIE E BAY above named, in the default of an Answer. in the amount of $1962.84 computed as follows: Amount claimed in Complaint $1939.57 Interest from 1/20/06 at the legal interest rate of 6.00% per annum $23.27 TOTAL $ I 962.84 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 JdfrA__~___ WILLIAM T. Mb AN, ESQUIRE PA 1.0.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR#0496691 I Plaintiff's address is: clo Weltman, Weinberg & Reis Co.. L.P.A., 2718 Koppers Building. 436 th Avenue, Pittsburgh. PA 15219 And that the last known address of the Defendant is: 110 Fairfield St NEWVILLE,PA 17241 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Case # DC,; 10').' [:rI.iJf....T02.\'''- JULIE E BAY Defendant(s) IMPORTANT NOTICE TO: JULIE E BAY 110 Fairfield St NEWVILLE,PA 17241 '71'J.. >/0 (,P t I Date of Notice: WWR#: 04966911 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: --.;~~-:~/? ./ JAME WARMBRODT, ESQ E PA ;t., , #42524 WEL~T ,WEINBERG & REIS CO., L.P.A. 271 KOPPERS BLDG, 436 7TH AVE. PIT SBURGH, PA 15219 IN THE COMMON PLEAS COURT OF CUM~RLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Case no: 06-702 CIVIL TERM Plaintiff NON-MILITARY AFFIDAVIT vs. JULIE E BAY Defendant The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent ofthe Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and tII 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, JULIE E BAY is not in the military service. Atliant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, JULIE E BAY is not in the military service. Further Atliant sayeth naught. hJ;J:-~ AFfIANT 1 SWORN TO AND SUBSCRIBED in my presence this l day of' ';000>. N I 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 Page 1 of2 Department of Defense Manpower Data Center APR-03-200609:24:41 , Military Status Report Pursuant to the Servicemembers Civil Relief Act ..... Last Name First/Middle Begin Date I Active Duty Status I Service/ Agency BAY JULIE E 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 ofthe individual as to all branches of the Military. ~-f?W ~(~U-- J~ 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 Servicemembers Civil Relief Act [50 USCS Appx. 99 501 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 ofDOB, 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 aetive duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: h!tp:/!www.defenselink.millfaq/pisIPC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https:llwww.dmdc.osd.millscralowalscra. prc _Select 4/3/2006 Request for Military Status Page 2 01'2 by the requester. Providing an erroneous name or SSN will cause an erroneous eertificate to be provided. Report lD.BURSQOAUDPJ https://www.dmdc.osd.millscralowalscra. pre _Select 4/3/2006 IN THE COURT OF COMMON PLEAS CUMWORLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. Civil Action No. 06-702 CIVIL TERM JULIE E BA Y Defendant NOTICE OF JUDGMENT OR ORDER TO: () Plaintitl' (xx) Defendant ( ) Garnishee You are hereby notified that the following Ordelfr : udgment was entered a?ainst you on/':!I ;)L( )-OV(p (xx) Assumpsit Judgment in the amount of$1962.84 plus costs. Trespass Judgment in the amount of$_pluscosts, () [fnot 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 JULIE E SA Y 110 Fairfield 5t NEWVlLLE,PA \7241 Plaintiff's address is: clo Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7'" Avenue, Pittsburgh, PA 15219 \-888-434-0085 ?~t~ -.J <;>(I ~0\ ~ ~ ~. g ~ "'-' ~ ~,J , r- ". "-,,'\ c_" ~ , .,.... ~ t ~ SHERIFF'S RETURN - REGULAR CASE NO: 2006-00702 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS BAY JULIE E DOUGLAS RUZANKSI , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BAY JULIE E the DEFENDANT , at 0942:00 HOURS, on the 25th day of February, 2006 at 216 SHED ROAD NEWVILLE, PA 17241 by handing to JULIE E BAY a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 11.44 .00 10.00 .00 39.44 r'~.c~ R. Thomas Kline me this ollAJ- day of 02/27/2006 WELTMAN WEINBERG REIS '~ i);/J f. , "eputpsner > By: Sworn and Subscribed to before ~L "3i A.D. ~~ ? P oth ry