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Home My WebLink About06-1196 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO Plaintiff No: tk-- ;Iqfp ~ vs. COMPLAINT IN CIVIL ACTION REBECCA A COLYER 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 04651805 CEPit NMS " ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO Plaintiff vs. civil Action No REBECCA A COLYER 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, CACV OF COLORADO is a corporation with offices at 370 17TH ST. ,SUITE 5000 DENVER, CO 80202 . 2. Defendant is adult individual(s) residing at the address listed below: REBECCA A COLYER 102 ST JOHNS RD SHIREMANSTOWN, PA 17011 3. Defendant applied for and received a credit card bearing the account number 4559500700416353 . 4. Defendant made use of said credit card and has a current balance due of $2105.99 , as of January 10, 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 28.240% per annum on the unpaid balance from January 10, 2006 . A copy of Plaintiff's 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 , REBECCA A COLYER , INDIVIDUALLY in the amount of $2105.99 with continuing interest thereon at the rate of 28,240% per annum from January 10, 2006 plus costs. James odt, WELTM WEINBERG & 436 enth Avenue, Suite Pit s urgh, PA 15219 (4 ) 434-7955 F : 412-338-7130 04 1805 CEPit NMS CO., L.P.A. 2718 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. EXHIBIT L " . (,.....,';. oJ<<-' ACCOUNT NU/,I'.lEA 4559-5007-0041-6353 BALANCE AS PAYMENT Of 12,l3llJln DUE DATE $2.105.99!IJAN.04,2004 ) I VISA. GOLD Make Checks Payable to Providian Processing Services. MINIMUM PlI.YUENT IW.OUNT ENCLOSED $436.00 I $[ o Indlcste changa of address on back 1",I,I.I."I.I.II.,.IIIIII"..I.I"I"II.,I'II'IJII.I,.I,1, PAQVICIAN PROCESSING SVCS. PO SOX 660548 DALLAS,1X 75266.0548 Please be sure ~thls address appears ill the wiodQw. REBECCA A COLYER 102 ST JOHNS RD SHIREMANSTOWN PA l7011 ."/11",111""'111,,,1111,,, Pagel of' 0025147 - 4559500700416353004360002105993 Youraccou~T~s;uedbyPro~&;"~I~n~Ban~T]~n~N~---------------~~;;;;j- MESSAGES FROM VISA GO~D YOUR ACCOUNT IS PAST DUE AND OVER ITS CREDIT LIMIT. Plea" pay 'tie minm\,ll11 payment lis'lsd above .long with tie Clverllmit amour"lt immediately or call ,"$ at 1.800-280-9441. VISA GOLD TRANSACTIONS Tran ~ 1Hl'5 Post Date ~ Descrlotion LAl'E PAYMENT CHARGE Reference NUmber 0000 Amount ~ FOR BILI..INQ ERRORS AND IMPORTANT INFOR.MATION. SEE REVERSE $IDE. ACCOUNT SUMMARY ACCOUNr NUMBER 4659-5007-0041-6353 Prev!01JS Balance $2,021.80 Days In BIlling Cycle 31 . Credits .0' Sta1emenl Date 12/08103 . Payments ,00 Minimum Payment $436.00 Puretlases Payment Oue Dale 01104J04 -I- & Other Charges 35.00 ~ Cash Advances .00 Credit Line $1,461,00 .. FINANCE CHARGE: 49.19 Available C/'l!dit as of Statement DatI! $.00 = NEW BALANCE $2, 1 OS.~9 Availitble Cr'tdit for Cain Adnncu at ot Statem~nt Date $.00 BAlANCE CATEGORY Average Annual Dally FInance Grace Daily Percentage Periodic Chargeos Terms Balance Rale Rste Stand....CI Purchase $2,049.97 28.24% . ,On4'Yo" $49.19 Term A Stand81d Cash $.00 26.24%. .on41rCl~ $.00 TermS Balance TranIPromo OMer $.00 0.'0% .0000% $,00 Term B ANNeAL PERCENTAGE RATE this billing cycle: 28. 7~% For 24-hour Automated Account Information, call1-80Q-356-o0t 1 or visit us at www.provldlanonline.com. . Thue Ratcls May Vary ( C,:"r-\,c. , {. r;.," ....,,-i/ I I VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S Section 4904 relating to unsworn falsifications to L.r/ A"c.....4 ;:,a,uf,vJl.- , (Title) '3:t.w B.ut(." (Name) of LAev" r c. /",-J., (Company) authorities, that he/she is plaintiff herein, that he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. ~.) ~ (Signature) 04651805 CEPit NMS 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. ~~~ ::r D d~~ ...J C> C" ~ V\' 2 .) l!\ Di f--' ") ~n ,.~ ~-;:I " w I ." ,0 C,,') ~L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO Plaintiff No. 06-1196 CIVIL vs. PRAECIPE FOR DEFAULT JUDGMENT REBECCA A COLYER Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THiS PARTY: William T. Molczan PA 1.0. #47437 WELTMAN, WEINBERG & REIS CO, LPA 2718 Koppers Building 436 Seventh Avenue Pittsburgh. PA 15219 (412) 434-7955 WWR#04651805 Judgment Amount $ 2264,,04 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 CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO Plaintiff vs. Civil Action No. 06-1196 CIVIL REBECCA A COLYER Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, REBECCA A COLYER above named, in the default of an Answer, in the amount of $2264.04 computed as follows: Amount claimed in Complaint $2105.99 Interest from 1/10106 to 4/17/06 at the contract interest rate of 28.24% per annum $158.05 TOTAL $2264.04 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA RC.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO, LPA BY:M,,' William T. Molczan PA I.D. #47437 WELTMAN, WEINBERG & REIS CO, LPA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04651805 Plaintiffs address is: clo Weltman, Weinberg & Reis Co., LPA, 2718 Koppers Building, 436 7'h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 102 ST JOHNS RD SHIREMANSTOWN,PA 17011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CACV OF COLORADO Plaintiff Case # O(b - 111& - Ct ~Jl v REBECCA A COLYER Defendant(s) IMPORTANT NOTICE TO: REBECCA A COLYER 102 ST JOHNS RD SHIREMANSTOWN,PA 17011 i.f /0/ (;(17 ( ( Date of Notice: WWR#: 04651805 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 --j BR D #42524 , WEINBERG & REIS CO., L.P.A. PPERS BLDG, 436 7TH AVE. URGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVil DIVISION CACV OF COLORADO Case no: 06-1196 CIVil Plaintiff vs. NON-MILITARY AFFIDAVIT REBECCA A Cal YER 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 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. S 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, REBECCA A Cal YER 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, REBECCA A Cal YER is not in the military service. Further Affiant sayeth naught. !t/d~R'~ AFFIANT ND SUBSCRIBED in my presence this 1t.... day . ",~(P N<;trARY PUBLIC / 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 I of2 Department of Defense Manpower Data Center .. Military Status Report ., Pursuant to the Servicemembers Civil Relief Act APR-17-2006 13:34:29 < Last Name First/Middle Begin Date I Active Duty Status T Service/Agency COLYER REBECCA A 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. ~W~6--~ 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, ss 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 hlIs'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 active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www~efenselink.millfaq/pis!PC09SLDR.ht!l)1 WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 4/17/2006 Request for Military Status Page 2 of2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:BRJQZOCBAKD https://www.dmdc.osd.millscra/owa/scra.prc Select 4/1 7/2006 0" -(J c ~ ~ '6 1- W-:u - ~ (\- F ~ c i t ~ l 1-- -U~ i' r:::-- I'" \\ (--~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVil DIVISION CACV OF COLORADO Plaintiff vs, Civil Action No. 06-1196 CIVil REBECCA A COLYER 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 A0tLi l _ ;)ft J..6ub I (xx) Assumpsit Judgment in the amount of $2264. 04plus 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 REBECCA A COLYER 102 ST JOHNS RD SHIREMANSTOWN.PA 17011 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co, L.PA, 2718 Koppers Building, 436 7" Avenue, Pittsburgh, PA 15219 1-888-434-0085 SHERIFF'S RETURN - REGULAR CASE NO: 2006-01196 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CACV OF COLORADO VS COLYER REBECCA A GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon COLYER REBECCA A the DEFENDANT , at 1430:00 HOURS, on the 9th day of March , 2006 at 102 ST JOHNS ROAD SHIREMANSTOWN, PA 17011 by handing to EUNICE COLYER, MOTHER, ADULT IN CHARGE 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 18.00 10.56 .00 10.00 .00 38.56 So Answers: .r~~~~J R. Thomas Kline 03/10/2006 WELTMAN WEINBERG REIS Sworn and Subscribed to before me this J./.......c- day of By: -4.J.Z.lA )~ Deputy Sher' f M~'~~ A.D.