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Home My WebLink About06-6276 .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: Of.. - 1..J.'7b C!lu~L'---r~ vs. COMPLAINT IN CIVIL ACTION SHELLEY R RYAN 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 05467622 C A pit SGM , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No SHELLEY R RYAN 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 is a corporation with offices at 6851 JERICHO TURNPIKE #190 SYOSSET , NY 11791 . 2. Defendant is adult individual(s) residing at the address listed below: SHELLEY R RYAN 339 GREASON RD CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number 5291151713731717 . 4. Defendant made use of said credit card and has a current balance due of $2413.99 , as of October 07, 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 25.900% per annum on the unpaid balance from October 07, 2006 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 11111 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 , SHELLEY R RYAN , INDIVIDUALLY , in the amount of $2413.99 with continuing interest thereon at the rate of 25,900% per annum from October 07, 2006 plus . Warmbrodt,42524 , WEINBERG & REIS CO., L.P,A. enth Avenue, Suite 2718 p' ts rgh, PA 15219 ( 12) 434-7955 AX: 412-338-7130 54 622 C A Pit SGM This law firm is a debt collector a mpting to collect this debt for our client and any information obtained will be used for that purpose. OUt Your account is delinquent. We want to help! , CapifalOne' Account Summary Pr!"viom. Balance Pavmems., Credits and Adjusrments Transaction~ Finan::t Chargef $1.243.71 $.00 $93.00 127.40 l\; ew Balance Minimum A_mount Due PaVIll~n! Due Dat~ $1.364. ]] S',,364.11 June 03. 2003 Total Credit Line T oral A vailablr Credit Credit Line for Cash Availablf. Credit for Cash At your seT\ice T (> call Cuswme< Reiatiom or {(. report II loST or stolen card: 1-800-608-5227 For ~ oniintc account ~er'\'icc and special au;tome: offer... i...g on to: ~'.capiwone.coIlI Send paymmt:- v. Atm: Reminanct Processing Capital Ont' Sen-ic~ P.O. Box 85147 Richmond.. \'A 132i6 Smdinquirie:;to: Capital One Service P.O. Box 85015 Ridmwnd.. VA 23285.5015 Imporram Account Information Did l'ou Know? CaprtaJ One offen mOTe than lust credit card products. Wnh mor~ than 47 million accounts,..Capital One provides valuable fmancial solutions.induding auw loans. personal loans., CDs. mone)" market accounts and more-to one out of every' three bomes i.n the U.S. ~ a: co " --':7 To protect your credit with us, you need to make a payment. '-':i' We can help-but only if you call us. '-~i' When you call, you can make a free check.by-phone payment. Return your account to good standing. It's up to you to take the first step. Call us! 1-800-479-7231 01ij'110; GOLD M.ASTERCARD ACCOUNT APR 04 . MAY 03, 2000 Page 1 of: 5291-1S1i-1~73-17i ; Pavments, Credit, and Adjustments Transactions 04 APR 03 N'L'\.Y 03 M.A.Y CWERLIMIT FEE CAPITAL ONE MEMBER FEE PAST DUE FEE 129.00 29.00 35.cX) S500 $.00 $500 1.00 'Your reQuest lCl cloS(' you; account has beer. received. Your account will be dosed when i: reaches a $0 balance. 11 mil th~n, you will continue to recej\!f' statements and musr COnDOUI:' tc. make payments.. AJJ terms and conditions of the acCOUnT wi..[ appl~' while ~ balancl:' remains. Please remember to cur your cards and cancel all charges which auwrnaricali." bill 1.0 your account Register t':Xiayat 'www.capitaJone.comtoaccessyour account online. Your FREE access will aGo,", you lC pay YOU!" bill onhne, check your balance and view your statement. It' ~ qUlck., easy and seCUTe~ You were assessed a past due fee of $35.00 or. 05/03/2003 because your mmimum payment was not receiv~ by thE due dale of 05/03/2003. To avoid this fee in the furore. WE recommend that yOU allow at ]~.a.">f i busineSf, naY$ for YOUT payrneru 10 re-dell Capital One. . EXHIBIT II 11/ Finance Charges Pitl/.Je JU rt'!'lU7Jf sidt-fur tmportant information PlIRCHASEE CASH Eaianu Totr F"wilu apf>iua'tc ,.air $1.262.55 .07096% $24.3(l .070%% 6WA~8t Corr~1P'R"ml" 25.9091) 2.;.90% m.88 1.52 /\.. ~"'l)AL PERCE!\TA CE RATE applied this period 2:;.90% CapitalQne' ,. PLEASE RETUR"i POR~ON BELOWW'TH PAYMENT. ,. 0000000 0 5291151713731717 03 1364110110001364117 Piurst prm: maiimz aU:rw tmd-or f-1'1Ulii CINm!,u (moo' usinr biw or j,illd: in;' New Balance Minimum .Amount Due Payment Due Date $1.364.11 $1.364.11 June 03, 2003 T ota1 enclosed Account Number: 5291-1517-1373-1717 .., Capi tal One Bank P.C. Box 85H~ Richmond, VA 23276 1"1,1"11",1.11".1,11..11..,11,.,11,,,11..,11,,,11,.,11",1 11I'11I..11,1,1..1..11 S:~e' _~pt t ::It"\ 22' non,' Phon' Nle~n~t~ Ph::.'II' E.rn.i::A.ddres - - #901243C360630392# ~~I~ ID NUMBER SHELl..EY F. RYAN 339 GREAS:JK ED CARLISLE PA 170~3-941~ r co ~ '" c - - l!!!!!!!!! - 1",111",111,.,."11"11,1,1,.,1,,1,,,111,,,1,,11,1.1",1,1,1 Please writt'yow ar.roun'f numberor:vow-check or mont!)' OTtkr madepavabk t(, CaPItal One Bank and maii in thi' mdoseo envelope. - - - - - - - ~ !!!!!!! - - ~ !!!!!!! - - - - - !!!!!!! !!!!!!! - - - - - ~ !!!!!!! - - ~ !!!!!!! - - - - - <t 2002 Capital One Services, Inc. Capital One is a federaUy registered service mark. All right~ reserved. 8 1. How TCl Avoid A Fin..ce Charge. t II Gr.ce P__. You >Ml! haVE: h minimlEl1 grsce period O~ 2E. dsys Wlthou; financfo d18rge or. new pmchases, new balance transters new special purchases ano new other ch3rpes it you pav your total -NeVI.' Balance", in 8ccorci8nce INith the Impon:anl Notice 10r paymellll' below and in time jor il to be clediled by YOUl neXl STatement closing dale. Thert; is no grace period on cast. advances and special transfers. Ir. addition there is no grace period on anv transaction if you do not pe v thE: total . New oalance,. u, Accruing Fnance Chwgt.. TranSBctions whictl are no! subjeCl 10 a grace period 1I1f: assessed fmane", chluge 1 i trom the d8te 01 the transaction 01 2J from the date the transaction is pfOcessed 10 your Accoum or 3, from the first calenas' day of the currenl billing period. Additionally if \IOU did I"I(Jt pay the -New balance" from the previous hilling period ir\ full, finance char9es continue 10 Bccrue l(J your unpaid Oalance lJltil the unpalv balance IS paid in tull This means thaI you may still owe nnance charges even if VOl! pay tll( entire New BalanCE indicated on the iront of your statement bv the next STalemem closing date_ but did not do so fOi the previous month Unpaid finance Charges Bre aOded to the spplieable segmem of vour ACCOlJll ... - Mininalm F.-..nol' Q1-ve. Fo! each billing period that \lour scc()Unt ;s Slhiec1 to il finance :::hBrpe, a minim urn t01al ~INANCE CHA~GE 01 $C.~O wil! be imposed. If th€- toul finance charge resuh:inQ horn the application OT your penodic fatels) rs less than s.O 50. we \Nill subtrBCI that amount trom the- $O.~O minimum .!Ind the difference will be billed to the purchase segmenl of VOUl account + d. T~ RlIducIion r. F,,*,", avrpe.. We_ reserve thf- , righ1 to not assess any or all finance charges to! any given billing period Avw-ve Daity BIIbnce ItnckIdng New PLrchasesl. a FInance charge is calculated by multiplVlng the dally balance 01 each segment of your account leg., cash advance, purcha~e, special transfer and speCial purchase I by the corresponding daily periodic ratetsl that has been preVIOUSly disClosed to Vou. At the end 01 eaCh day during the billin~ penoo, WE' apply the dailv periodic rate for eaCh segmem of vour aCCount to tht dail\-' balance of each segment. Then at the end of thE billing peliod, we add up the results of these daily calculations to arrive at vour periodic finance charge tor Bach segment We add up the results from each segment to arrtve a1 the t01al periodic finance charge tor yoU! acccxJnl. To get the daily balance 10r each ~ent 01 your accouOl, we take the t>eginning balance lor each segmenl ane add any new transactions ane' any periodic finance dl8rge calculated on the previ~ dllY'S balance tor that segment. We then subtraCl any paymems or credits posted as 01 thai dBy that are allocated Tn thllt segment, This gi~ us the sep8r1ne daily balance fUI each ~ent 01 your account. Howevel, il you paid the New Balance shown 01'1 your pre\itous statement in fut (or it your new balance was zero 01 a credi1 amount), neV\' transactions Vv'hic!"1 pos1 to your purchase or special purchase sepmems lire not added to tile daily balances We caleul8Te the average daily bAlance by adding all the dail\-' balances together aoo diVIding the sum bv the number 01 the days in the current billing cvcie To calculftte VOU~ tota: finance charge, multiply your average daily ba~ance b" the cl8il-, periodic ralt; and bv me number oi davs in the billing period, Due 10 rounding on a dailv basrs, there may be a slighl variance hetween this calcutarioo and The amoum O' flrliUlce charge actually 8'ssessed. b Ii 'ttle code Z or N appears on the front 01 this statemem neXl TC -Balance Rate .~pplied 10: we multiplv the 8\/eraOe daily balance at each seamem bv vour month!\' periodic rale it, obtain the .IIverage oailli balance lor the bilhng penoe covered b\l thi~ statemen:, \I'VE take the beginning balance 01 eactl segment each dBy. adl:1 any new transactions to each segment, and suotraCl any paymentf Of credns_ Cl1 the code N appears on the front 01 this STatement nelC1 to "Balance Rate Applied To," we /liso subuact an" unpaic flnanct! charge im:::luded in th~ ba~ance 01 each segment.) This gives us the dally balance 01 eact sagmen;. Then, we add up all trle daily balances tor eacb segment tor the billi~ periOd and livide by the total number OT days In the billing pertod This gives us the avefBge clIIily balance 01 aach segment Annual P.crilrge R..s fAPRI. a The term -Annual Percentage RBle. may appeal as "APP- on thE: from 01 thIS statement b If the code P {Prime} L (3.mo. L1BOR;,. C ICen.ificate 01 Deposit), or S (Bankcard Plime) appea~ on th(, front ot this statemeni neX! TO the periodic rale(si, the periodic rates and corresponding ANNUAL PERCENTAGE RATES ma\, var\! Quarterly and mav increase or decrease based on the suited indices, as 10und in Thr Ws/I Street Journal, plus the margir, prevTous.... disclosed tG you These changes will be effective on the firsl day of vour billulQ period covered bv vow periodic s;:atemem encing in the month~ January April, JUI~' and October c 11 the code D (Primel, F l1.mo. LlBOA; or G (:.;I-mo UBOR Repriced Monthly; appeafll on the front 01 yoUl statement nelCt to the periocic r81els), the periodic ratM and corresponding ANNUAL PERCENTAGE RATES may vary monthly and may increase or declesse based on the stated inckes, as fOtSlCi in Tilt: Wall Stretlf Journal, pl~ the mllrgin pre\itously di8CIosed to vou. These changes will b<' effective on the fil'Sl day 01 your billing pertod each month .Ii AsNarMnl of L.., ov.timit .nil R-...n~ Payment: F..s, Your accoullI will be assessed no more than two of thE: fees listed her-e thai oceUf dufing any billing period, Under the terms of your CUSlomer agreement, we reserve the rtght te waivt: or not to assess an" fees YYithOUl prior- notification to you without waiving our ri~l to assess the same or similar lees at B laler time 5.~Renewing Ycu Account. 11 1I memberShip fee appealS on the from 01 this STatement, you have 30 dllys from the d3te this statement was mailed to you to avoid paying the tee o! to have such tee credilec:lTfI you il you cancel YOUf accoum. Uunng this penod you ma" continue to use your account withOlll hRving to pay the membership fee, To cancei \lOUl account you must notifv us by calling our Customer Aelations Department and psy your ~New Balance" in full lexcludin[l ,he membership 100) prio, to the enc! of the thinv.day period. 6. If You Cbu yOU" AcOOLhl. 'You can feQUest to doS!: vour accoum bV calling our CUS10mP-t Relations Department. You must destro\-' youl credil cardia) and seCOll'll access checks, cancel all preauthorized billing, and cease usinp your account. If you do not cancel preauthorized billing arrangements, we will consider receipl of Ii charge your allthorizatlon to reopen vour accoum. AddltionallV, vour accoun1 wilt nOT be ciosed untit you pay all anJoums Vou owe us induding. anv transactions you hlIve authorized, frnaoce charges. PllS: due fees, ovcrlimit iees, retumeo pavmem fees, cash advance tees and any otoor fees assessed to your ac:::oUr'lt_ You are responsible to' tnege amOl.llts whether the" appear or, vour aC:COIJ\I a, the time you rf!Q~ 10 dose tht acc:ourll or rhe'{ lire incuned subs~uenl tu \/Our request to close the account, Tnis may result in charges appcarill{! 00 vour accoum after you have fBOUeS'leC the accounl to be cloaed or the reooeniflQ 01 \lour accoun: jj i~ hllS aiready been Closed For example it you authorized a purchase from a merchan1 and we receive thf" transaction from the merCham after your 3CCOunt ha~ peen closec1, youl accoum VV'ili bf' reopened, the amoum 01 toe charge will be added to you: accoum and vou wilt be resl'Klnsltlle fa, paymeffi. It there ill B membershi~1 teE' fOI your account, the lee will continue to be charged to the eXient permined by law, until the Bccoun; b8lance has been pale in tull as oefined above 7 Using Yow Acc::owlt, Your CBfd or account cannOl be- uled In conneClion with ynv internet gambling T rllrlSaCllonS BILLING RIGHTS SUMMARY Un Case 01 Errors Or Queslions About YOUl BiIli II \IOU thin!: your bill is wrong, or i1 \IOU nfteCl more Information on .. transaction or bill wme 10 us on 13 separaTe Sheel as SOOIl as POS!llbi~ a1 thl'! endress tor i~rie6 shown orl the horn of this stalemenl. We must hear from \IOU 110 later thaI' eo days after we sent you the fIrst bill or, which the error or problem appeared. 'You can call oU! Clstomer Relations number, buT doing so will not preserve your nghts_ III your lener, give us the follOwiO{! rnformation vour name and account number, the oollar amount 01 the suspected erm~, a description 01 the error and an explarIB1ion if possible. of why you befieve there is an error; 0' if you need more information. a description of the item you are unsure aPOut. 'You do nOT have to pay any amount in QUestiar, Vllhile we are investigating it, bul VOl! are still obhoated to P8V the pans 01 youf bill that are nOl in Question While vve investigate your Question, we CBnncrI repon. vou as ~lnquen1 or take any aCllon to colleCT the amount you questron t. t Special Rule F-or Credit Card Purchase" If vou have a problem with the qualitv of property or seNices that you purChasec with a credi1 carel and VOl.! have tried in good taitn 10 corree! the problem with the merchanI. you ms" have the righl nul to pay the remaining "mOl.l1t d~ on the propeny or services. You ha~ this plotection ()Illy \/\/hen the purchase price was mort: than $bO.OC and the purchase was made in your home state O' 'Mthin lOO miles 01 your mailing address, (Il we own or operate the merchllnt. or i1 we mailed you the advenisement tor the propert\l or services, all purch.!lse~ arE: covered regardless of amount or loca1ion of purchase.i PleaSE remembef 10 sign all correspondence t Does nor lJppJy to consumer oon.credtl card accounts 1 Does flor 8Pply 10 Dusmes..<:; rlOn-crediT CJlrC sccn/lnrs Capita! One ~upflons information priVllC" protP-ClioC'. see ou: websilf' al www_cl:fpitalone.com Caona! One is a federall~' registered service mark 01 Capital One FinanCIal Corporation. All rights reserved e. 2003 Capital One 01 LGLBAI< Important Notice: Your payment will oe credited to your account as of the date we receive it, prOVided you send the bottom portion of thIS statement and your check in the enclosed remIttance envelope, and you: payment IS received in our processing center by 3 p.m, Payments addressed to our Virginia or Georgia processing center must De received on a business day by 3:00 p.m. ET, Payments addressed to our WaShington processing center must be received on a business day by 3:00 p.m. PT. Please allow at least fIve (5) business days for postal delivery. Payments received bV us at any other location or In another form may not oe credited the same day we receive them. Our business days are Monday through Saturday, excluding holroays. Piease dc no; use staples, paper clips. etc. when oreparing your payment, 6 c: 8 ~ 29814M VERIFICATION f5sen~ . (TITLE) The undersigned does hereby verify subject to the penalties of 18 P A. C.S, 4904 relating )/, c-no 1e-)CE1lnel-y (NAME) / C 1/ / /! '( ..p/ /') yd - .. . of p.r-" ( J J.. ,. I !' , plamtIffherem, that (COMPANY) to unsworn falsifications to authorities, that he/she is 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, -Ult/lli [,elf ~Jt; (SIGNATURE) WWR# J~; '-, 6'; (J // t-. (J ~ -p ti ~ ~ CI( ~ ~ \) ~ ~ ~ ~ \' ~ 'f' ~ ..t- "-'- Og~ I(;) r- ,.~ ~ ~~.'~' ~' 9 ~:g l~ . t.l ~ ' , t ~ -1":' \1'1 >,~C N ." 0"'2; (} -' tl ~ (".'~'~. i~4 2\ (-;'? ";>- <.0 - :..::. o SHERIFF'S RETURN - REGULAR CASE NO: 2006-06276 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS RYAN SHELLEY R SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RYAN SHELLEY R the DEFENDANT , at 2017:00 HOURS, on the 8th day of November, 2006 at 339 GREASON ROAD CARLISLE, PA 17013 by handing to SHELLEY RYAN a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. 18.00 5.28 .00 10.00 .00 33.28~' (~ /J../O&JD~ Sworn and Subscibed to Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: .?"~~ R. Thomas Kline 11/09/2006 WELTMAN WEINBERG By: before me this day of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff No. 06-6276 vs. PRAECIPE FOR DEFAULT JUDGMENT SHELLEY R RY AN Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE P A 1.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR#05467622 Judgment Amount $ 2,531.98 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. Civil Action No. 06-6276 SHELLEY R RY AN Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, SHELLEY R RYAN above named, in the default of an Answer, in the amount of $2,531.98 computed as follows; Amount claimed in Complaint $2,413.99 Interest from OCTOBER 7, 2006 TO DECEMBER 15,2006 at the legal interest rate of25.9% per annum $117.99 TOTAL $2,531,98 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237. t on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. I{{ J/i'j4 By: -iLL4/., - ---'-~'~ WILLIAM . MolcZA ,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#05467622 Plaintiff's address is: c/o 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: 339 GREASON RD CARLISLE,PA 170 13 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, PlaintitT vs. Civil Action No. 06-6276 SHELLEY R RY AN Defendant NOTICE OF JUDGMENT OR ORDER TO: () Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order o{ Judgment was entered against you on __~au AI, 2007 (xx) Assumpsit Judgment in the amount 01'$2,531.98 plus costs. () Trespass Judgment in the amount 01'$______ 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 ofTratlic Safety, Harrisburg, PA. (xx) Entry of Judgment of () Court Order () Non.Pros () Confession (xx) Default () Verdict () Arbitration A ward Prothonotary ~ By: PR01 SHELLEY R RYAN 339 GREASON RD CARLlSLE,PA 17013 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Case no: 06-6276 Plaintiff NON-MILITARY AFFIDA vrr vs. SHELLEY R RYAN Defendant The undersigned, who first being duly sworn, accordil1g 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 111 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, SHELLEY R RY AN is not in the military service. Aftlant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, SHELLEY R RYAN is not in the military service. Further Affiant sayeth naught. 1;!#4fi~ AFFlA T I .., j SWORN...TO AND SUBSCRIBED in my presence this!::~ day of ::;C.' -' '7 --0..... ):,. ~ ^COI\H~:';_-l~';' ~'_._.~' I -NO RY PUBL!9' I Cit~v'g;;~;l~;;, ! My Commi,:~> P~jbHG . '. ": , i ! \ :~.,i: iCDunty :ur,e29,2010 \~~JTlher Por'~ ~f NO/Brie' This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be llsed for that purpose. Request for Military Status Page 1 01'2 Depal'tmcjnt of Defense Manpower Data Center DEC-15-2006 09:59:34 Military Status Report Pursuant to the Servicemembers Civil Relief Act -4:;' Last NHme .First/Middle Begin Date I Active Duty Status I Service/Agency RYAN SHELL Y R 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. ~~. ~-~ Marv M. SnaveJy~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 suppOlis the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. #167;#167; 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 "dcfenselink.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. lfyou 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.det~n.selink .miJ/t'Elq/PlS/PC09 SLDR,htm I WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https:/ /www.dmdc.osd.millscl.aJowaJscra .pre _Select 12/15/2006 Request for Military Status Page 2 01'2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report W:BGANNEPKGNP https:l/v.[ww.dmdc.osd.mil/scra/owa/scra.prc__Select 12/15/2006 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Case # otJ ~ {; 2/7 (., SHELLEY R RYAN Defendant(s) IMPORTANT NOTICE TO: SHELLEY R RYAN 339 GREASON RD CARLISLE,PA 17013 12/(6(0 L7 Date of Notice: WWR#: 05467622 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 c=->,< \ /1/1 /1 L---- -.. ..... ...-J BY: " JAM~S\WARMBRODT, ESQUIRE PA /1.,0. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 271~/KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 (:) .(Q.. t -p ...() r-- . \\:- ~ C> ~ C> (") ~ ~ c c::::> - --J ~ - "'0 -u :s: c.... :;:! 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