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Home My WebLink About07-1417 It IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. DOROTHY E ARBOGAST Defendant No: c>~f -- /q/7 COMPLAINT IN CIVIL ACTION 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 05744585 C N Pit DKB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. DOROTHY E ARBOGAST Defendant Civil Action No COMPLAINT AND NOTICE TO DEFEND You have been sue 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 CUMB RLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 I It COMPLAINT 1. Plaintiff, CAPITAL ONE BANK is a corporation with offices at 140 EAST SHORE DR GLEN ALLJN , VA 23059 2. Defendant is adult individual(s) residing at the address listed below: DOROTHY E ARBOGAST 600 ERFORD RD CAMP HILL, PA 17011 3. Defendant applied for and received a credit card bearing the account number 5291152071815118 . 4. Defendant made use of said credit card and has a current balance due of $5041.32 , as o February 21, 2007 5. Defendant is in default by failing to make monthly payments when due. As such, the enti e balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 27.740. per annum on the unpaid balance from February 21, 2007 . A copy of Plaintiff's STATMENT 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 , DOROTHY E ARBOGAST , INDIBIDUALLY , in the amount of $5041.32 with continuing interest thereon at the rate of 27.7400 per annum from February 21, 2007 plus costs. James C. Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 eve th Avenue, Suite 2718 Pit sbu gh, PA 15219 (4 2) 4-7955 F 2-338-7130 0 74 85 C N Pit DKB This law firm is a debt collector a to ,Opting to collect this debt for our client and any information obta d will be used for that purpose. peoplepc- online u A better way to Internet. f1 Surf up to 5x faster.*h FREE A=m1eralbor for Marvttt12mw tst-a SWvAM91 1-888-587-9669 Mention Offer Code: COIN Visit www.peoplepc.com/golcoin 003 UNLIMITED INTERNET ACCESS PeoplePC Online offers the features you would expect from higher-priced Internet Service Providers, including: ® Virus Protection Powered by Symanteor"" ® Pop-Up BlockerTM Spam Controls 41ia• Smarter Smart Dialer Technology ® More Email Addresses ,MW Internet Call Waiting Capita/0W° Account Su Previous Balance $3,677.56 Payments, Credits and Adjustments $35.00 Transactions $41.00 Finance Charges $67.32 New Balance $3,770.88 Minimum Amount Due $3,770.88 Payment Due Date December 15, 2005 Total Credit Line $3,000 Total Available Credit $.00 Credit Line for Cash $3,000 Available Credit for Cash $.00 At your service To all Customer Relations or to report s lost or stolen aid: 1-W-903-3637 For free online acmsint -6. and spooil -to- offers, log on to: www.apitilone.cum send P.7ments to: Send inquiries to: Attn: Remittance Processing Capitil One Bank Capital One P.O. Box 790216 P.O. B. 30285 St Louis, MO 63179-0216 SLC, UT 84130-0285 PLATINUM MASTERCARD ACCOUNT 5291-1520-7181-5118 OCT 16 - NOV 15, 2005 Page 1 of 1 Payments, Credits and Adjustments 1 04 NOV PAYMENT RECEIVED -THANK YOU $35.00- Transactions 2 15 NOV CAPITAL ONE MONTHLY MEMBER FEE $6.00 3 15 NOV PAST DUE FEE 35.00 Take control and pay your Capital One credit card bill online for free. Eliminate the hassle of writing checks, finding stamps and sealing envelopes. Everything you need to access, review and pay your bill is available online. Our Web site offers you a convenient, simple and secure way to manage your account. Visit www.capitalone.com and register your account to start simplifying your life today! As a valued Capital One customer, you are eligible to receive a free Year-End Summary for this specific account that recaps your 2005 charges, provided your account is in good standing and you have made transactions during the calendar year. Please can 1-877-794-4487 before December 31, 2005, to reserve your copy for this account. We will begin processing orders in January 2006. We appreciate your business and are converting your account to Platinum status as of October 17, 2005. So, be on the lookout for the arrival ofyour new Platinum card at your next reissue. Until then, you will receive Platinum benefits when you use your current card. For details about your new Platinum benefits, visit www.capitalone.com/creditcards and dick on the Guide to Benefits link. Thanks for choosing Capital One. You were assessed a past due fee of $35.00 on 11/15/2005 because your minimum payment was not received by the due date of 11/15/2005. To avoid this fee in the future, we recommend that you allow at least 7 business days for your payment to reach Capital One. EXI1611 Finance Charges Pierre tee reoersetide for important information Bdnreretr AMR Per,od C -r appliede. rate R . PURCHASES $3,706.38 .07600%P 27.74% $87.32 CASH $.00 .07600%P 27.7496 3.00 ANNUAL PERCENTAGE RATE applied this period PLEASE RETURN PORTION BELOW WITH PAYMENT "Di48* 0000000 0 5291152071815118 15 3770880035003770883 New Balance $3,770.88 Minimum Amount Due $3,770.88 Payment Due Date December 15, 2005 Total enclosed $ Account Number. 5291-1520-7181-5118 27.74% Sneer Ape! Cary Stsu ZIP Home Phone Alrc -Phone #9032090989934637# MAIL ID NUMBER Capital One Bank DOROTHY E ARBOGAST P.O. Box 790216 1t1u1n11uiuditlrrl u+ 600 ERFORD RD St. Louis, MO 63179-0216 CAMP HILL PA 17011-1124 [gill u11i,u111m11t1u11r,r,t1r1utilril cull 11[1111 114111 ° - Please unite yow account number em yow da4 or money order made payable to Capital One Bank and mail in the endwed envelope. Plaseprint-ding.,hi-a.& e-moilchnga bdam using blue or bla4 ini r peoplepu online \-/ A better way to Intemet. UNLIMITED INTERNET ACCESS 1-888-587-9669 Mention Offer Code: COIN Visit www.peoplepc.com/go/coin PsoplePC is solely responsible for this offer, and is not affiliated with Capital One. Capital One does not provide, endorse or guarantee, and is not aififele i with. any product or service shown here. Any trademarks mentioned herein are solely owned by the respective entity. AN rights resented. By responding to this offs, you may be communicating informahDo about yourself to the company that provides this Product - for example, that you are a Capital One customer. 'PeoplePC Online: First 3 months are billed at $427 per month; 59.95 par month thereafter. Offer available to now dial-up subscribers at IeaN 19 years of age and may not be redeemed wjlh any other offer. Offer subject to change at any time. Plane technical support available for $1.95 per minute. tAccelerator is flee for 12 months. Offer good for limited tins. Ater the first 12 mtxlg s. the Accelerated Service win amomatcaty revert to the standard Pw*PC Online Service. Other subject to charge at anymne. With PeoplePC Online Accelerated, certain Well page fend and graphics wil load faster when compared to standard dlai-up Internet SWAM Actual results may vary. PeaplePC Online Accelerated is only compatible with PmplePC Online Internet service and specified Nfindowet browsers. PeoplePC Online Accelerated is not compatible with Windowse 95 wgh IE 5.5 SP2. Service not available in d areas. Access fees, taxes, and other tees and restrictions may apply. Tdephons toll charges may apply, even during trial ponds. You are responoti a for claim*" whether a call to one of our access numbers will to" in telephone toll charges. Access may be limited, especially during fares of peak usage, Dial-up numbers may be changed at PeoplePC's decrettion, Continuous use subject to tineout pnoceMses. AN use is subject to PeoplePC Online's Services Agreement and Acceptable Use Policy. SW in the maximum speed of service; actual speed may vary . 0 2005 PeoplePC Inc. All Rights Reserved. PeoPIePC Online and its logos are trademarks of PeoplePC in his U.S. and other countries. 0 2005 Capital One Services, Inc. Capital One's a federally registered service mark AN rights reserved. 8 0 N N o In ; e r (phi periodic rate. To obtain the average daily balance for the billing period covered by this statement, we take the begriming balance of each segment each day, add any new tranuctims to each -germ, and subtract any payments or credits. (If the code N apple, an the from of this statement nee to 'Balance Rate Applied To,' we also subtract any utpaid finance charge included in the balance of each seem.) This gives to the daily balance of each segment. Then ova add tip all the Bail balances for each Segment for the billing period and divi de by the total number of days in the billing period. This gives us the average dally balance of each segment. 3. Amoral Preraapo Bats. IAPRI. a. The term 'Annual Percentage Rne' may appear as 'APR' on the from of this sterner t. b. If the code P (Prime), L (3-mo. LIBOR), C (Certificate of Deposit), or S (Bankcard Prime) appears an the from of INS mmentett next to the periodic Isle(s), the pedodiC rotas and cormspording ANNUAL PERCENTAGE RATES may vary quanedy and may increeu or decreax based an the meted indices, as food in The Waf Street Journal, plus the margin pmvimWy dlsclosed to you. Than changes will be effective an the firm day of your billing period covered by your periodic Statement ending in the maths January, April, July and October. c. If the code D (Prime), F (1-mo. LIBOR) or G (3-mo. LIBOR Repriced Monthly) appeal. an the front of your statement next to the periodic rate(s), the pedif i rat. and corresponding ANNUAL PERCENTAGE RATES may vary monthly and may Increase or decrease based on the mated indices, as fond in The Wait/ Street Journal, plus the margin peviously disdaeed to you. These changes will I effective m the first day of your billing period each march. 4. Assessment of Late, Ovrhmit and Rehmrd Pronst Fes. Your accost WIN be moment! no more than two of the fees limed here that occur during any billing period. Under the terms of your cumorner agreement, we reserve the rite to waive an rot to airline any fees without prior notifiutfm to you wnhou t waiving par rigor to asses ifs same or similar M. t a leer time. 5.I11snswkng Your A-ours. If a membership fee .pp... m the from of this Statement, you here 30 day. from the time this statement was moiled to you to avoid paying the fee or to hove arch tee credited to you it you cancel your account. During INS period, you may comin a to use your accent without having to pay the membership fee. To cancel your account, you am ratify is by calling our Cuatorner Relations Depamrlent and pay you 'New Balance' in full (excluding the berehip fee) prior to the end of the thirty-day, period. 6. N You Cbr Your A-surd. You can request to dose your seems by calling our Customer Relations Department. You must destroy your credit card(s) and accoura access decks, cancel all pr.tahorited billing, and cease using yen account. If you do not cancel preauthorized billing arrangements, we will consider receipt of a large your authorization to reopen your account. Additionally, your amount will not be closed until you pay ell amounts you owe us inducing: any transactions you have authorized, finance charges, prim due fe., ovetimit fees, returned payment fees, cash advance fees and any Other fees assessed to your accoLm. you am responsible for these amasts witether they appear an your amount at the time you request to dose the acfnun or they are incurred subsequent to your request to dose the account. This may malt in charges appearing an your accent abet you how your account if it has already been dosed. For example, if you authorized a purchase horn a merchant and we receive the notes ion from the merchant after your ceont has own doted, your accent will be reopened, the amount of the charge will be added to your accent, and you "I be responsible for payment. If there Is a membership fee for your amount, the fee will Ibninaee to be charged, to the extent permitted by law, Me the account balance has bent paid in full as defined above. 7. Using Your Aeoausrt.Your card or account cannot be aced in corsscrim vhth any Internet gambling Lreesawims. BILLING RIGHTS SUMMARY tin Case Of Eno, Or Questions Aber Your Bill) If you think your bill is wrong, or if you need more information on a treres ctim or bill, write to us an a separate sheet as soon as possible at the address it aspoides shown an the front of this Statement. We mum hear from you no later than 60 da other we sent you the firm bill an which the error or problem aepeared. You can call our Customer Relations number, box doing w will rot preserve your rights. In your letter, give us the following information: your name and account number, fire dollar ount of the suspected error, a description of the error and an explanation, if possible, of Yhny you beNsve there is an error, or if you need mine iniormetian, a tlexriptian of the hem you are unsure ablest. You do rat hew to pay any amount in question wise We are inwrougeting it, but you are will obligated to pay the parts of you bier met are rat in question. While we investigate your question, we unto report you as delinquent or take any action to collect the amemrc you question. f,t Special Rule For Credit Cam Purchases If you hove a problem with the quarry of property or Services tat you purchased with a credit cam and you have tried in good faith to correct the problem with the merchant, you may have the bight net to pay the remaining amount does an the property or services. You hove this protection only when the purchase was mom than 850.00 end the purchase was m in your home mate or within 100 miles of your mailing add-. (If we own or operate the merchant, or If we mailed you the advertisen xr for the property or services, .11 purchases coveted regardless of amount or location of purchase.) Please remember to sign all correspondence. t toss rrot apply to roasamer era.-credit card accotogs f Does not apply to aasbeess sos-credit card aeeatnta Capital One supports Information privacy protection: see our website at www.capitalonecom. Capital One is a federally repmend service mark of Capital One Financial Corporation. FUI rights reserved. a 2003 Capital One OILOLBAK ta. Brraeo Pried. You will haw: a minimum grace period of 25 days without firouce the newv purdwaes, new, balance transfers, new special purchases and new add charges it you pay your total 'New Balance', in arxordoe ce with the Important Notice for payments below, and in time for it to be credited by your next statement dosing tine. Them is no grace period an cash advances and special transfem, In addition, there is m grace period on any transaction if you do not pay the total 'New balance.' b. Accruing Flnanea Charge. Transactions which are rot subtect to a grace period are assessed finance large 1) fran the date of the na.actim or 2) from the date the narreactim is proceed to your Account or 3) from the fi ,t calendar day of the ourrem billing period. Additionally, ii you dti not pay the 'New Balance' tram the previous biNkg period in keg, fir= charges rmmkne to accrue to your unpaid balance Lail the unpaid balance is paid in full. This meare that you mayy still one, finance barges, even if you pay the mire Now Balance indlceted an the front of your mmement by the next statemaa dosing time, but did not do s for the previous month. Unpaid finance charges are added to the applicable segment of your Account. kannsre Foams, Change. For each billing period that your account is subject to a finerce large, a minimum total FINANCE CHARGE of $0.50 will be imposed. If the total finance charge resuming from the application of Your penodc totals) is ten than $0.50, we will mbtract that amen[ from the 90.50 minimum and the difference will be billed to the purchase aea of your accent. t d. Tsnlperry Reduction hr F Chassis. We reserve the 'bin to not assess any or all finance charges for any given N rig period. 2. Avraga DWV Balrsa lkskadkq Now PLtlusos). a. Ravines charge is calculated by multiplying the daily balance of each Segment of your amount (e.g., cash advance, purchase, special transfer, and special purchmx) by the corresponding daily periodic rate(.) that has been previously declined to you. At the end of each tray dung the billing period, we apply the daily periodic rate for each segment of your account m the daily balance of each segment. Than at the end of the billing period, we add up the results of mesa dally ulculatio a to mrive at your Periodic finance, large fer each segment. We add up the resume from each segment to arrive at the total periodic finance charge for your ascent. To get the daily balance for each segment of your acuxltm, we take the beginning helarce for uc, segment and add any new transactions and any periodic finance charge calculated an the previous days balrhu for that Segment. We than subtract any payments or credits posted as of that day that am allocated to that egrlan. TN. gives es the separate daily balance for each segment of your account. However, it you paid the New Balance shown an your previous statement in hill (or if new balance was zero or a credit amount), new trans ic.n. which pom to year purcMS or special purchase segments are not added to the daily balances. We calculate the average dally balance by adding all the dally balances together and dividing the arm by IN, number of the days in the turret b4lkQ cycle. To calculate your Intel finance charge, muftipl/Y' your eveage daily balance by the daily periodic rate and W the rxmnber of days in the billing period. Due to rounding an a daily basis, them may be a slight varlance between this calculation and the amour[ of finance chage actually assessed. It. If the code Z or N appears an the from of this Statement next to 'Balance Rate Applied To,' we multiply the Ihnpatam Notion: Paymams you mail to us will be credited to your account as of the business day we receive it, provided (1) you send the boner portion of INS statement and your check the enclosed Fornmence envelope and (2) your payment is received In our processing aemer by 3 p.m. ET 02 noon PT). Plsse allow at team five (5) business days for postal delivery. Payments received by . at any what location or in any whet farm may not be credited as of the day we receive them. Our bust nes days am Monday through Saturday, excluding holidays. Pleas do not we maples, paper cape me. when preparing your payment. When you send . a check(s), you authorize us to make a ee-time electronic transfer debit from your bank account for the amount of the deck This aut odzetim applies to all checks received during the billing cycle even if sent by someone else. If we, cannot process the transfer, you authorize us to make a charge against your bank accou t using the check, a paper draft or other Item. VERIFICATION CAPITAL ONE BANK vs ARBOGAST, DOROTHY E The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities, that he/she is, MAISHA DAVIS, Authorized Agent, of CAPITAL ONE BANK, Plaintiff Herein, that he/she is duly authorized to make this Declaration, 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. MAISHA DAVIS Dudieylumer Notary Pubric, Dekalb County, Georgia My Commission Expires January 19, 2009 5291152071815118 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. D '0 R l? o w _ TI r -i W a _ -• c"I l J -i ro `4'i 0 SHERIFF'S RETURN - NOT SERVED CASt NO: 2007-01417 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK VS ARBOGAST DOROTHY E R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: ARBOGAST DOROTHY E but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE NOT SERVED , as to the within named DEFENDANT 600 ERFORD ROAD CAMP HILL, PA 17011 ARBOGAST DOROTHY E OBVIOUSLY SOMEONE HOME, BUT NO ONE WOULD ANSWER THE DOOR. Sheriff's Costs: So answers: Docketing 18.00 Service 57.60 -?- Affidavit .00 R. Thomas Kli Surcharge -1100-.0000- Sheriff of Cumberland County ?rl,?o7 85.60 WELTMAN WWEINBERG REIS 04/11/2007 Sworn and Subscribed to before me this day of , A. D. t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. DOROTHY E ARBOGAST Defendant No. 07-1417-CIVIL TERM PLAINTIFF'S MOTION FOR ALTERNATE SERVICE AND NOW, comes Plaintiff, by counsel, Weltman, Weinberg & Reis Co., L.P.A. and requests this Honorable Court to enter an Order allowing the Plaintiff to make service upon Defendant, DOROTHY E ARBOGAST, by certified U.S. Mail and Certificate of Mailing, addressed to 600 Erford Rd, Camp Hill,Pa 17011, averring in support thereof the following: 1. On or about MARCH 13, 2007, Plaintiff' filed a Complaint in Civil Action against Defendant to recover the unpaid balance due Plaintiff from Defendant in the amount of $5041.32. 2. When the Sheriff of CUMBERLAND County, Pennsylvania, attempted to make service of Plaintiff's Complaint on Defendant, the Sheriff was unable to do so, as evidenced by the Sheriffs return, a true and correct copy of which is attached hereto, marked Exhibit "I", and made a part hereof. 3. Upon receipt of the Sheriff's return of no service, Plaintiff conducted an investigation with the United States Postal Service to confirm the physical address of the Defendant. WWR #5744585 4. Pursuant to Plaintiff's request for information, the United States Postal Service confirmed Defendant's physical address of 600 Erford Rd, Camp Hill,Pa 17011, a true and correct copy of Plaintiff's Postal Request is attached hereto, marked as Exhibit "2", and made a part hereof. 5. Plaintiff conducted an online white pages search and was unable to confirm a current address for Defendant of 600 Erford Rd, Camp Hil1,Pa 17011. 6. Plaintiff contacted the CUMBERLAND County Tax Assessment office, a representative from which confirmed the Defendant's current physical address as 600 Erford Rd, Camp Hill,Pa 17011. 7. Upon receipt of the Sheriff's return of no service, Plaintiff conducted an investigation with the LexisNexis Total Research System to confirm the physical address of the Defendant. 8. Pursuant to Plaintiff's request for information, LexisNexis Total Research System confirmed Defendant's physical address of 600 ERFORD RD, CAMP HILL, PA 1701 LA true and correct copy of the LexisNexis search results is attached hereto, marked as Exhibit "Y', and made a part hereof. 9. No judge has previously ruled upon any other issue in this matter or any other related matter in Cumberland County. to. Because the Defendant in the above matter is represented pro-se, concurrence cannot be obtained. WWR #5744585 11. Based upon the foregoing, Plaintiff believes and therefore avers that Defendant is attempting to avoid service of process in the above-captioned matter and Plaintiff therefore seeks an Order of Court, pursuant to Pennsylvania Rule of Civil Procedure 430, granting Plaintiff leave to serve its Complaint on Defendant by alternative means. WHEREFORE, Plaintiff requests this Honorable Court to enter an Order pursuant to PA.R.C.P. 430(a), authorizing the Plaintiff to serve Defendant by Certified U.S. Mail and Certificate of Mailing sent to an address (600 Erford Rd, Camp Hill,Pa 17011) at which Defendant is presently receiving mail according to information obtained from the Post Office, or by allowing service by a competent adult. ?41e__1 William T. Molczan, quire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #5744585 % SHERIFF'S RETURN - NOT SERVED CASE NO: 2007-01417 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK VS ARBOGAST DOROTHY E R. Thomas Kline Sheriff EXrgiblf 1 ?,??) 1 ?y 5$5 who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: ARBOGAST DOROTHY E but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT 600 ERFORD ROAD CAMP HILL, PA 17011 NOT SERVED , as to ARBOGAST DOROTHY E OBVIOUSLY SOMEONE HOME, BUT NO ONE WOULD ANSWER THE DOOR. Sheriff's Costs: So answers: Docketing 18.00 Service 57.60 Affidavit .00 R. Thomas Surcharge 10.00 Sheriff of Cumberland County .00 85.60 WELTMAN WWEINBERG REIS 04/11/2007 Sworn and Subscribed to before me this day of , A. D. W ELTMAN W EINBERG & REIS CO L P A BURLINGTON, NJ , ., . . . 609.914.0437 ATTORNEYS AT LAW CHICAGO, IL 2718 Koppers Building 847.940.9812 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 CINCINNATI, OH 412.434.7955 513.723.2200 www.weltman.com CLEVELAND, OH 216.685.1000 COLUMBUS, OH WILLIAM T. MOLCZAN 614.228.7272 Attorney at Law ` DETROIT, MI 412.434.7955 248.362.6100 Fax 412.434.7959 OF INNOVATION PHILADELPHIA, PA wmoiczan@weltman.com GROWTH + RESULTS 215.599.1500 :XIS 1 it" October 15, 2007 Postmaster Z. CAMP HILLYA 17011 Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address (if a boxholder) for the following: Name: DOROTHY E ARBOGAST Address: 600 ERFORD RD CAMP HILL,PA 17011 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(dx6)(ii). There is no fee for providing boxholder information, The fee for providing change of address information is waived in accordance with 39 CFR 265.6(dx 1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester: William T. Molczan, Esquire, Attorney for Plaintiff. CAPITAL ONE BANK 2. Statute or regulation that empowers me to serve process : N/A 3. The names of all known parties to the litigation: CAPITAL ONE BANK vs. DOROTHY E ARBOGAST 4. The Court in which the case has been or will be heard: Court of Common Pleas of CUMBERLAND 5. The docket or other identifying number if one has been issued: 07-1417-CIVIL TERM The capacity in which this individual is to be served: Defendant WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OF (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE, 18 U.S.C. SECTION 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. r J I '?1 Deidre K. Blake BOXHOLDER'S POSTMARK Not known at address given. -Moved, left no forward address. No such address. No change of address on file Good as Addressed XM,PLEAxSE:IIIIDI T i 31S]ICAI :.AA?fRESS WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsbureh,PA 1521.9 FOR POST OFFICE USE ONLY NEW ADDRESS or NAME and STREET W W R#05744585 1,exisNexis®: SmartLinxTM Person Report Results Page 1 of 4 Source: Public Records > SmartLinx(TM) > SmartLinx(TM) - Person Summary Reports Terms: ssn(194-28-7840) (Edit Search) Permissible Uses: DPPA - 1. Litigation GLBA - 2. Legal Compliance E U ?"" Select for Delivery r Click to visualize this report -- Subject Summary I Others Using SSN..W I Address Summary (2) I Voter Registrations Licenses I Personal Property I Real Property I Bankruptcies I Judgments & Liens Relatives _(2) I Associated Entities I Neighbors (12) I Sources (5) FOR INFORMATIONAL PURPOSES ONLY Copyright 2005 LexisNexis, a division of Reed Elsevier Inc. All Rights Reserved Full Name Address County Phone 600 ERFORD RD APT AD ARBOGAST, DOROTHY E CAMP HILL, PA 17011-1124 CUMBERLAND COUNTY: CUMBERLAND ADDITIONAL PERSONAL INFORMATION SSN DOB GENDER 194-28-XXXX 11/1933 (PENNSYLVANIA: 1952-1955) (Age: 73) Back To Top Subject Summary Name VLa ation-s-Clj I SRNs Summary_ j I DOBsl? Name Variations View Name Variation Sources 1: ARBOGAST, DOROTHY E SSNs Summary View S N Sources No. SSN State Iss. Date Iss. Warnings 1: 194-28-XXXX PENNSYLVANIA 1952-1955 DOBs View DOB Sources 1: 11/1933 Others Using SSN Back To Top Others Using SSN Name SSN DOB Actions 194-28-XXXX ARBOGAST, CECIL C (PENNSYLVANIA: 1952-1955) 03/1917 Get Report e SSN was linked to more than 2 people. . I . . n n^/'-1A-In-n'7'1-lC,An_/ n „r-.... --- - CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the within Motion for Alternate Service was served on the 13 day of CC , 2007, by first class, U.S. Mail, postage-prepaid, addressed as follows: DOROTHY E ARBOGAST 600 Erford Rd Camp Hill,Pa 17011 Attorney for Plaintiff WWR #5744585 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK NO. 07-1417-CWIL TERM Plaintiff Vs. DOROTHY E ARBOGAST Defendant AFFIDAVIT PURSUANT TO PA R.C.P. 430 (a) BEFORE ME, a Notary Public, in and for the foregoing County and Commonwealth, personally appeared William T. Molczan, Esquire, of Weltman, Weinberg & Reis, Co., L.P.A., attorneys for Plaintiff, and deposes and says that the following accurately reflects efforts made to ascertain the exact whereabouts of Defendant named in the above-captioned matter. a. Plaintiff requested current address information from the United States Postal Service, which request for information confirmed the current address for Defendant as being 600 Erford Rd, Camp Hill,Pa 17011. A true and correct copy of the Postal Service Return is marked Exhibit "2" attached hereto and made a part hereof. b Plaintiff requested current address information from the LexisNexis Total Research System, which request for information confirmed the current address for Defendant as being 600 ERFORD RD, CAMP HILL,PA 1701 LA true and correct copy of the LexisNexis search results is marked Exhibit "Y' attached hereto and made a part hereof. WWR #5744585 C. Plaintiff conducted an online tax-assessment search for the address of the Defendant that confirmed the address as being 600 ERFORD RD, CAMP HILL,PA 17011. Finally, Affiant deposes and says that after the foregoing investigation, the exact whereabouts of the Defendant, DOROTHY E ARBOGAST, is 600 Erford Rd, Camp Hill,Pa 17011. WELTMAN, WEINBERG & REIS, CO., L.P.A. William T. Molczan, Ed'quire PA I.D. 947437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 Sworn to and subscribed before me day of Dec ber, 07 COMMONWEALTH OF PENNSYLVANIA Notarial Sea! H6d J. Kelly, NutarY Public City of Pittsburgh, Allegheny County MY Commmion Expires Nov. 4, 2009 Member, Pennsylvania Association of Notaries WWR #5744585 Vs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. DOROTHY E ARBOGAST No. 07-1417-CIVIL TERM ORDER OF COURT AND NOW, to-wit, this day of , 2007, upon consideration of the foregoing Motion for Service of the Complaint Pursuant to Special Order of Court and attached supporting affidavit, it is hereby ORDERED, ADJUDGED AND DECREED, that the service of the Complaint in Civil Action may be made on Defendant, DOROTHY E ARBOGAST, by permitting the Plaintiff to mail a copy of the Complaint to the Defendant the last known address being 600 Erford Rd, Camp Hil1,Pa 17011 by Certified Mail and by Certificate of Mailing Postal Form 3817, postage prepaid. Service to be completed upon mailing. BY THE COURT: DISTRIBUTION: William T. Molczan, Esquire, 2718 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA 15219; Dorothy Arbogast, 600 Erford Rd, Camp Hill, PA 17011 WWR #5744585 =Ft %531. " -13 ?? CAPITAL ONE BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DOROTHY E. ARBOGAST, Defendant NO. 07-1417 CIVIL TERM ORDER OF COURT AND NOW, this 4th day of January, 2008, upon consideration of Plaintiff's Motion for Alternate Service, it is ordered and directed that Plaintiff may serve the Complaint upon the Defendant by (1) mailing a true and correct copy of the complaint by certified mail and regular mail, to Defendant's last known address at 600 Erford Road, Camp Hill, PA 17011, service to be complete upon mailing, (2) publication once in the Cumberland Law Journal and once in a newspaper of general circulation in Cumberland County, Pennsylvania, and (3) posting the premises at 600 Erford Road, Camp Hill, PA 17011. SUBSEQUENT papers may be served by regular mail to Defendant at the aforesaid Erford Road address with service to be complete upon mailing. BY THE COURT, William T. Molczan, Esq 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Attorney for Plaintiff J. _0 by .n.7t LSCL cn ti -c vrf;vfi Av, 0 I .Z Wd ' - NVr OOOZ 301I-' 1101-CMIJ rr ? , IN THE T OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. DOROTHY E A OGAST Defendant No.: 07-1417-CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt PA I.D. #42524 WELTMAN, WEINBERG & REIS, CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5744585 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE B. Plaintiff VS. DOROTHY E AR Defendant Civil Action No.: 07-1417-CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT Kindly the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. ar rodt PA I.D. 252 WELT INBERG & REIS CO., L.P.A. 2718 peer Building 436 S ven Avenue Pitts ur , PA 15219 (41 4-7955 WWR #5744585 44 yG Q dJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. No.: 07-1417-CIVIL TERM AFFIDAVIT OF SERVICE OF COMPLAINT DOROTHY E ARBOGAST Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA. I.D.#47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5744585 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No.: 07-1417-CIVIL TERM VS. DOROTHY E ARBOGAST Defendant AFFIDAVIT OF SERVICE OF COMPLAINT BEFORE ME, the undersigned authority, personally appeared William T. Molczan, Esquire, who according to law deposes and says that a copy of the Complaint in Civil Action has been served on the Defendant, DOROTHY E ARBOGAST. I . On or about 01104108, Plaintiff received a signed Order of Court permitting service, on the Defendant, to be complete and valid upon mailing to the complaint by first class mail, certificate of mailing and by certified mail, return receipt requested. 2. On or about APRIL 22, 2008, Plaintiff mailed the complaint to 600 ERFORD RD CAMP HILL,PA 17011. Said certificate of mailing and certified mail receipts are attached as Exhibit "I". WELTMAN, WEINBERG & REIS, CO., L.P.A. William . Molc Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5744585 Sworn to and subs ]bed before me this day of , ;Q+ OTARY COMMONWEALTH OF PENNSYLVANIA Notarial Seal Heidi J. Kelly. {Mary Nov.?4, ublic City Of Pittsburgh, Alleghy =001- ember, My Commission E>pires Pennsylvania Association of Notaries ?s° r???' ?[ ;?. ;:-:: -t ?I ?.•' ? r? ?? ? ??? N I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. DOROTHY E ARBOGAST Defendant No.: 07-1417-CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5744585 Judgment Amount $ 6,391.44 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 CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No.: 07-1417-CIVIL TERM DOROTHY E ARBOGAST Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, DOROTHY E ARBOGAST above named, in the default of an Answer, in the amount of $6,391.44 computed as follows: Amount claimed in Complaint $5041.32 Interest from 2/21/07 to 6/13/08 at the legal interest rate of 27.74% per annum $1,350.12 TOTAL $6,391.44 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. WILLIAM T. MO CZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5744585 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`? Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 600 ERFORD RD CAMP HILL,PA 17011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff case #?] DOROTHY E ARBOGAST Defendant(s) IMPORTANT NOTICE TO: DOROTHY E ARBOGAST 600 ERFORD RD CAMP HILL,PA 17011 Date of Notice: WWR#: 05744585 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 : l PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BLDG, 43G 7TH AVE. PTTTCRi7Pr4R. PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. DOROTHY E ARBOGAST Defendant Case no:: 07-1417-CIVIL TERM NON-MILITARY AFFIDAVIT 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. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, DOROTHY E ARBOGAST 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, DOROTHY E ARBOGAST is not in the military service. Further Affiant sayeth naught. f W //V? AFFIANT SWORN TO AND SUBSCRIBED in my presence this _J_ Qday of. coMMONNIEALTH OF PENNSYLVANW Notarial Seal N Y PUBLIC Jennder M. Sommkl, Notary PIMC ,Of CMy d Patl buMh, Akghw?y Cou* Cwwom ion ft!n Feb. 22, 2012 Mombe?, PennayN Anodetlon NoiMlaa 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 Department of Defense Manpower Data Center 0 Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 JUN-17-2008 10:04:30 ,K Last Name First/Middle Begin Date Active Duty Status Service/Agency ARBOGAST DOROTHY 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 of the individual as to all branches of the Military. -tA 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 Department of Defense strongly supports the enforcement of the Servicemembers 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 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 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 current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink.mil/faq/pis/PC09SLDR.html 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 6/17/2008 -dr r.> o ..+ ? ?y :.a:'? ?? ? y ? ` -? ? ?? ?- r=,? ,. „ ?; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No.: 07-1417-CIVIL TERM DOROTHY E ARBOGAST Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Jud ent was entered against you on (xx) Assumpsit Judgment in the amount of $6,391.44 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 Prothonotary ByAHONOTAR PR EP TY) DOROTHY E ARBOGAST 600 ERFORD RD CAMP HILL,PA 1.7011 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7t` Avenue, Pittsburgh, PA 15219 1-888-434-0085