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Home My WebLink About07-3308IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. BARBARA J DAGUE Defendant No : 07 -- 330 P' ~;~:L`T~a..~ COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WEL.TMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05950953 C A Pit ADU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. BARBARA J DAGUE Defendant Civil Action No 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: BARBARA J DAGUE 1 W PENN ST APT 404 CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number 4305722234217571 4. Defendant made use of said credit card and has a current balance due of $2298.62 as of May 24, 2007 . 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 19.800% per annum on the unpaid balance from May 24, 2007 A copy of Plaintiff's STATEMENT 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 BARBARA J DAGUE INDIVIDUALLY in the amount of $2298.62 with continuing interest thereon at the rate of 19.800 per annum from May 24, 2007 plus costs. James ~rmbroat,4~5~4 WELT WEINBERG & REIS CO., L.P.A. 436 eve th Avenue, Suite 2718 Pitt bur h, PA 15219 (41 ) 43 -7955 F 41 -338-7130 05 509 C A Pit ADU This law firm is a debt collector att~p~ng to collect this debt for our client and any information obtain d ill be used for that purpose. ------------------------------ ~ --°------- 003 ~ ' Show Mom your love ! ' ~ Special savings for Capital Ones Cardholders! * on your next purchase when ~ ~ % you use Promotion Code CAP66 I ' Save (~ ~~ for details) ~ Save this code! Offer good all year long! ~ I ' Remember: Mother's Day is Sunday, May 14th r BARBARA J DAGUE 1-Ooo-flowers com=„ i Call 1-800-FLOWERSa (1-800-356-9377) or Click www.1800flowers.com today! Your florist ofchoice_ ~ ' -----------------------------------~---~-----------------.----J L------------------------------------ CapitalOt2e• Account S Previous Balance (1,374.08 Payments, Credits and Adjustments f.00 Transactions (35.00 Finance Charges (23.30 New Balance (1,432.38 Minimum Amount Due (1,432.38 Payment Due Daze May 11, 2004 Total Credit Line (5,000 Total Available Credit f.00 Credit Line fa Cash (650 Available Credit for Cash 5.00 At your service To Dill Customs ReLtions or to report • loot or stolen card: 1-800-903-3637 Send payments to: Send inqu'via to: Attn: Remittance Promsing Capiral One Services Cap:nl One Services P.O. Box 85147 P.O. Box 85015 Richmond, Vq 23276 Ridunond, VA 29185-5015 E~~~ ri' .~Ct,u..~e ~~~~~b~V1O° PICNCSLLrNLrJLJLdCfDlfm~/Itant [nlOrmallan Ba~[r fYS[ ~ Pn.,d Cwresbordad AP ~~ pp1vdro m raee m PURCHASES 51,385.51 .05425% 19.50% 123.30 CASH 1.00 .05425% 19.80% S.DO ANNUAL PERCENTAGE RATE applied this period 19.80% • PLEASE RETURN PORTION BELOW WITH PAYMENT ~8a 0000000 0 4305722234217571 11 1432380030001432388 New Balance f1,432.38 Minimum Amount Due (1,432.38 Payment Due Date May 11, 2004 Total enclosed f Account Number. 4305-7222-3421-7571 Capital One Bank P.O. Box 85147 IJulutllnlluddl Richmond, VA 23276 Inltlnllmltlluilsllnllutllusllntllu~llnsllutllnsl PLATINUM VISA ACCOUNT 4305-7222-3421-7571 MAR 12 -APR 11, 2004 Page 1 of 1 Payments Credits and Adjustments Transactions 1 11 APR CAPITAL ONE MONTHLY MEMBER FEE (6.00 2 11 APR PAST DUE FEE 29.00 You were assessed a past due fee of (29.00 on 04/11/2004 because your minimum payment was not received by the due date of 04/10/2004. 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Items mn be ordered onkne and by phone only Offers annot be combined, may not be available on all products and are subject to restrictions, limitations and blackout periods. Offer valid through 12f31/Ofi. Prices and charges are subject to change without notice. Void where prohibited. ® 2006 Capital One Services, Inc. Capital One is a federally registered service mark. Trademarks mentioned hert8n are soley owned by their respective entity. All rights reserved. t-800-FLOWERS rs solely responsible for this offer and rs not affiliated with Capital One. Capital One does not provide, endorse, or guarantee arty product or service shown here. By responding to this offer, you may be communicating information about yourseh to the company that prowtles this product-for example, that you are a Capital One customer ® 20D6 7-800-FLOWERS.COM, INC. 1-800-FLOWERS.COM~ uses Secure Socket Layer (SSU encryption technology to secure its website. 'It you wish to use a dtterent credt cam, rot questions or to cancel can tdl free 1-800-R27-9491. Vwr inatam poima am redeemable for asWngs off tM retaX price of your xlectirxe plus the low rate shown. Albw fw, to ten weeks br magazines to scan. If a rifle ceases, it will ba replaced with arse of equal or greater vaWe. Cancel anytime arm receive a reload f« unnerved issues. Vafid credit rard required. Orders wiX be processed wkNn thirty days of the expiration date. When you make a selection, you become ax valued amtorrer. O 2004 NewSub Merge re Services LLC (NMSI, Fax High fXdga Park, Stamfom, CT 08905 is the vendor antl reserves the right to limb orckn. Any trademarks menumed herein aro eddy owned by the reeepective amity. NewSub Magazine Service LLC is eddy reaponaide for Chia offer eM is not emlined wiM Caphal One. Capful One does not provide, endorse. of gwraMee and is rat afXGaed with any product or xrvice shown here. By respmdng io rias Direr, you may re canmuricaktg mbrmatim abaa yourself to the company that proNdea tNS product--tor example the[ you are a Capital One customer. ®2004 Capital One Services, Inc. Capital One Is a federally reglaeretl service mark. All ridtta reserved. 1. lbw To Avod A firerree UTraW. ter. Orsee Period. You will have a miramun grace period of perad¢ rate. To obtain the average daily balance for the Nlli ~pedod cevere0 by this atetemeM, we take tlvs your arsoum if it has already been dosed. For example, rf you auMrized a purchase tram a mertheM and we h h d 25 days wltlwut finance darga raw put heed, row M d bag ry belarwe of each sepnaa eadr day, add any new and etbtract anY payments trarmeMiorre to each aegmem a your e mer um e roceive the treroamion from t accent has btron cbaed, your axouM will be reapenetl, er now o balarwe transfers, new apsGal purdraea en durgd if you wY Ywr teal 'New Balance', in . or credta. Ill the code N sppes an the from of the ttre amarrt of the umarge wlN be atltletl to your steam, i aaordercro vshh the Important NMIce for peymesa tallow, M u[ d b aatemlm rear to "Balance Rate Applied To," wra ax unpaid finance r3terpe indutlea in tin; baance suMrsd an s e and you will be reyaulde br peymern. It there membership tee for yea secant, the lee will cernka,e y your ren s eme and In time for h to be credte dodrq date. Tfrerc is re 9sce period an oath advance y of eadr mgnem.) TNs gives trs the daily belarwe of dh h M to be charged, to the exam permined by law, rnfil the aid in full as defined above. t bderax hoe been entl special trorofero. In addirion, there is no grace padod m any trarractim it you Oo rwt pay rite tool 'New r eac sagnem. Then, we add up all the deN1y~ balances ••9m•^t for der bilfing period and dv)de by the tact p scan 7. Uakq Vera Aeasuk.Vwr um or steam carne be balance.' rrtmber of days in tM bipug period. TNs gives W the used in cerrectim with any IMemet gemblirq b. Ae-Wrrp Ffnass Charpe. Tsreactlana whh are not suhjen to a grece perio0 are assessed firenca Burge 11 average dally bslarce of each segment. 3. Amnl P-esrdepe Rata IAWII. traroamtan. 8. Ndiea A6ad EleWOrac Otaek Corrvaaion. Who' yeu from the date of the traroamim or 2) from the date the traneamion is processed m yea Accent or 31 from the a. The term "Amual Percentage Rate' may appear as "APR" on the fran of this aaement. Drovide a dock as payment, you aulftpriie d either to use intomratiln from your check to make cone-time first plarxler day of the current biting period. Atldtiatally, b. If the cotle P 1Prime), L 13irto. LIBOR), C ICenificate of dectrodc hxM Hensler tram your Dank arcatra or to When we s a dreCk trsraarxim m re it yet did not pry the "New Balance- from the PreNare ntkxle to accrue to h fl Depositl, w S IBankcartl Prime) appears m the from of the anemtm next ro the petlotlk tarots), the pa ode . paymt a process i use Inmrmatlm hom your dreck to make an eMctralc rartce c arges ca NXkq period h fill, your urpaid balance nail the unpaid bNersx is paid in fWl. rates and corteapondrtq ANNUAL PERCENtAGE RATES had traruler, brats may be wittalrarun fran your bank TNa mdro that you may still owe flronce charges, even if the entlro New Balance indcetetl m the Iran of ou e may very ttuenedy ant may irrueax or decrcax bead m the stated fndces, ea rand in The WN/ Street accoun a soon ea the same day we receive your paymrm, end you will rot receve ywr check beck fran y P Y your aetamtm by the nerd aatranan dosirp date, but rid Jo,mel, plw the margin prevlcudy dedosed to you. your firondal irMittaion. not do so for the Or•vfau march. Unpaid finance charges are etlded to the epplkade aepnent of your Accent. These hanpea will be efteaive m the fire[ tlay of your dllirq period covered by your pedadc aatemem erring BILLING RIGHTS SUMMARY t c. XN'irksan Ferree QtaP. For eh bXlirrg period that a midmum our accent is subject to a firtrx:e charge in the mrmM January, April, JWY antl October. c. Ii fire code D (Prime), F (lino. LIBOR) or G 13-mo. Ile Cox Of Gros Or Oueaiarrs Abort Ywr Billl If yw think your bNl is wrag, or if you need moro , y fast FINANCE CHARGE of 90.50 will be impoxd. If the LIBOR Reprice0 Mainly) eppeas m the horn of ywr tM pedodc rates snadc stela) ext to rir M infomstion on s traroactim or bill, write fa d m a separate sneer as soars as poasids at the eddreu for teal finance charge reatltirq trap ilia eppliubon of your periods ratalsl is leas than 90.50, we will abtrem that , aUteme n p arW coneep«rding ANNUAL PERCENTAGE RATER may krgtirie Mown on the taro o/ this aatement. We must amlxm from the 90.50 midmum antl the dffererrce will De very mmday and may Imroax or decreax based on the ere land in The Wad Street Joume% dos steed faded hear from you re Iarer Man 80 days aha we earn you the fist bill on with the error or Drodem appeared. Yw can biNed to the purchex segmern of your accarn. Redratian kn ~ Chrga. We raxrve the Tert are t d , the margin psvioualy dsdosed to yw. These dtangea ceN our Ctutanar Relslipna number, but ddng ao wiN rot p ry . to rat scads any or all fironce charges for any given ' will be effective m the first day of your bilNng period p exrve your ri¢as. In your kner, give ua the fdlowirq tM ddhr b d ~ bi irtN period. each marsh. er, accent num nfomatim: your name an a i f h 2. Avrpe OW ealrtee Ikukrdrq New RrrMasl- MX 4. Afaesanent M Lae, Ov-XmK ant RAanM Payard Fws. r alxam wIX be esaesaetl re more tMn twp oT the tees Yo e enor pt m o t arraam of ttre atepected error, a deac and an exparetion, If possible, of why you beaeva there is y e. Fitrtce dtarge fa celcdatetl by muMplyfrtg the balance o1 each xgment of yea accaxn le.q., cant u liaetl lies chat naxrr tlurirq any NNing period. Under the an enor; or if you need more in/ormsiim. a description of advance, purdux, epecsl trarobr, and apetlal purdxx) eriods reels) tMt has been dall the corree «rdr b terms of your wraner epreemrm, we rexrve rite rigm m wai not to asaeea any fees witlrou pri« rwtificatim ro the hem you as uruure about. you do rat have to pay any moan in quamon while vve are inveetigetirq h, but you y p y p q previoudy dadoae0 to you. At the erW of dh day durirg you wiMa,l waiving our right to asxsa the same or similar are aXl dligated to pay the pane of yea hill that are trot the Nlling penal, we appy the daay penodc rite for each attpnrm of your accaan to the dally balance of each tees f a later rime. 5. Rattawktg You Aeosurt. IT a membenHp fee in rpreatim. WNk we nvesrigate your queaim, we rsmot report you es delinquent or take any action to cdlect the aepnem. Then at the end of the bilhrtg period, we add W appds on the from of 1NS aatemam, you have 30 smam you la+eatim. drc reatlts of tttee daily ulculetiar to arrive at ywr days from the date this rtatemdll wen mmbtl to yw to periods firorrce Burge for each segment. We add up the avdtl paylrq the fee or to Mve rSft fee credte0 to you I,t Spedal RWe For Credt Card Purcha9ee results from cant segment to arrive a the teal periods if you cancel ywr account. Durktg tNa penotl, you may finance dwrge br your rttxara. To get the tlaXy balance caMnue to use your axount wbadn heNrp m pay the If you have a problem writs the qudhy of property or Tor each sapnem of your secant, w- take the beprWrrg membesND lea. To uncd ya,r accaatt, you moat xrvicd that you purchased wits a creak cam and yeu balance for each xgmtm end adtl anY row fsrwmi«r notify by calling our Cranener Reletims Depenrrern " ' have tried In goad faint to corrtxt Me problem wIM the rid arty periods finance barge celWeted on the prcvian h b ' in fill laxdudng the New Balance and pay you rior to the end of tfar thirtY-dsV Period memberW tee) merchern, you may haw the right rrrn to PsY the rtmairinq Vou hero this or xrNCea rt d h en a tram any s balance for the segmtm. We t day paymerne err credts posted err: of Met tlsy that are aNOCated p P e. N You Clap Yau Aeoaad. You un raQltest to tlox y . ue on t e Prope amann p,otection pdy yyl,gp the purdrex was more tMn to Mat eagnent. TNa give w the separate deXY balance yatr atxaap DV rwlllrrp our Cuaana Raatloro 950.00 and the puchsx was ma in your tame Hate or for each sapnem pf your accent. However, If you pad the Deparenem. You muss tlearoy your credt cardla) and wftlin 100 miles of your mailing atltlreas. tit we own or New Balance Ytown m your prcvien astemrn in fdl for eccant access dtecka, pncel all preaudwrize0 bagnq, apeste the merdum, or IT we malletl you the if your rtew balance wen zero or a crerfh amaunl, Haw and coax using yaa octant. If you do na cencN dl coruider wn w d bllli enta h d atlvertiaemant for the property or xrvicd, all purchexs f d ) l ri tsrnamier which pea io your p«dox or apedtl purcMx aegmrss are rot etltled to the deny balances. We , rp errengem , preaut o :e receipt of a drerge your nutxmzation to reopen your pur teae. an o tovmad regardew of amours a om Pleax remember to sign eN correapedence. celeriac the nvarege dally bdartte by addrq ell the dally accent. AddriexNV, Vour accaurc WII rrm De doxd belarxxta together and dvidnp the sun by lire nunher of unit you PaY all amrams you owe us irdudnq: anY t pre- „~ appry s rxmswner non-cre?a raid acwrnts the days in the arrrorn bNkng cycle. To ralcdate yarr tmel iroroemian yw have sutfwrixed, firortce dmrpea, pas lnce dsrge, muDiply your average tlaily balance by the s in the DRNng the raanber of M ri d d D d due tees, avedimit fees, stumad payment fees, mM sdvanca fees and any otMr fees ssaeeaed to your f Does rot epplY to business ran-cradlz card eccanzs er s rate an y pe o Y Y period. Due to roundirq on a tlsay DeNS, them may ce a eccant. Yw are resp«nible for Strafe amlxms whether Cephal One ryporta information privacy protoctian: see wr sll{/r[ vadsnce betvsaen Wa celralalon and the amours of they appear m your accrarrt at tin rims you request ro t d b k webdle et www.cappttelone.can. firwrrce dxrya emuNly asseesetl. D. If rite tale Z or N appears at the from of 1Ns aatemeM o ra,rre r dqurn dose the acceun or [hey as your regrow to dox tfas accent. TNa may rcsJt in Ca tai One is a iedarell sated xrvice mark of Caphal PI V raga Ono Hroraid Corporetim. Atl rigors rexrvetl. • 2003 Hex[ to 'Bderrce Rate Appl ell To," we multiply the _.._____,_,.__._,_____. __~__-Y. ... .._.._v..,., Barge eppearirrp m your attars[ after you have ..,.m...r ............... .. ti,~t,...,r .. rh. .e«wr:m of Capital One OILGLBAK BB52M Irrprunt 1lsdee: Payments you mail m us will be credtetl to your accoun as of the budrteas day we receive h, provided (11 you acrd ire bottom posm of this rte[tmtern arts your heck in the endoxd reminance enMOpe and (21 ywr paymem Is receved In au Droceadrq caner by 3 P.m. ET 112 noon Prl. Rdx allow at lase flue 15) brWness days br posW delivery. Paymema received by us a anY other Irx:avm or m any other form may not be crodted as a the day wa stave prem. Our txdrrem days as Mardey through Saturday exdutFq Iwltdeys. Rdx do not use aspic, paper di ac. when Preparing your peymtm. When You send d a drecklal, you autlwrize us to make sate-Nine Nemreic trensler debh from your bark exam[ for the amours of the check. TNe naaMaion applies to eN becks resrved durirq the billing cycle even if son by someone eM. If we cennot procep the trarofer, you armnrize us to make a charge agairrct your bank ecrxxan using the check, a paper drab or ether item. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is _Sara Rubin (NAME) Agent of 6 ~ ~~- ,plaintiff herein, that (TITLE) (C MPAN~ 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, informatio lief. (SIGNATURE) WWR# ~~f ~0 ~?S3 ~~~ n .~ ~, p of w o -~ rr~ Q 4= ~..:' 1 ~[ ^-d ^~ ~_ .~ o -~ ~~ ~~ r, -~ -~ f a'. l "~ SHERIFF'S RETURN - REGULAR CASE NO: 2007-03308 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS DAGUE BARBARA J RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DAGUE BARBARA J the DEFENDANT at 1250:00 HOURS, on the 6th day of June at 1 W PENN STREET APT 404 CARLISLE, PA 17013 by handing to BARBARA DAGUE 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 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 6l/.~107 ~ / 32.80 Sworn and Subscibed to before me this day of , So Answers: ~ tom, R. Thomas Kline 06/07/2007 WELTMAN WEINBERG I By: ~ / ty S A.D. 2007 4 J IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. Civil Action No. 07-3308 CIVIL TERM BARBARA J DAGUE Defendant TO THE PROTHONOTARY: PRAECIP:E FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, BARBARA J DAGUE above named, in the default of an Answer, in the amount of $2374.68 computed as follows: Amount claimed in Complaint $2298.62 Interest from 5/24/07 TO 7/24/07 at the legal interest rate of 19.8% per annum $76.06 TOTAL $2374.68 ~ 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: _ VI/ WILLIAM T. MO ZAN, ESQUIRE PA I.D.#47437 weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412}434-7955 WWR#05950953 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 70' Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 1 W PENN ST APT 404 CARLISLE,PA 1.701.3 r • ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff BARBARA J DAGUE Defendant (s ) IMPORTANT NOTICE TO: BARBARA J DAGUE 1 W PENN ST APT 404 CARLISLE, PA 17013 Date of Notice: WWR#: 05950953 Case # U~ - ~ 3b~ CAW I L ~~ 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 : TCr ~'v' cc IL- PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 Request for Military Status .~ Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 JUL-24-2007 07:48:59 *~: Last Name First/Middle Begin Date Active Duty Status Service/Agency DAGUE BARBARA J 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. ~~. ~,-~- 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. #167;# 167; 501 et segJ (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of l 940). 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/PC09SI.DR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.miUscra/owa/scra.prc_Select 7/24/2007 Request for Military Status ,. Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:XTMMFRCNAO https://www.dmdc.osd.mil/scralowaiscra.prc_Select 7124/200'7 ii t ~~ tI IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. BARBARAdDAGUE Defendant Case no: 07-3308 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' Civii Relief Aci (SCRA}, 50 U.S.C. App. § 521. Affiant further states that based uporl'investigation it is the affiant's belief that the Defendant, BARBARA J DAGUE is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DIVIDC), which states that the Defendant, BARBARA J DAGUE is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN TO SUBSCRIBED in my presence t ~" ~(~~XLTH OF PENNSYLVANIA of . ~0 • Notarial Seal P W~;~ '; L.Gault,('` ' ;;y ~uuiio Day ~. c;bur~, Ai, any County ` NOTA PUBLIC ~":~~m~ ssionExp'r %u1y15,?~1 ~+lemaer, Pe.r sYlvania Ass ,ciatiuu o~ VOtarie~ 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. ~ ~i ~_ .~ a~ ,~} ~ - ~ -rr ; ~ ~ q ~ CJ ~': N =`s ~ vv . ~ 4~ s ~ ~ ~'n . ~ ~, ~` ~ s A " --~ -L ,~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. Civil Action No. 07-3308 CIVIL TERM BARBARA J DAGUE Defendant NOTICE OF JUDGMENT OR ORDER TO: ( )Plaintiff (xx) Defendant ( )Garnishee You are hereby notified that the following Order or Jud ment was entered against you on (xx) Assumpsit Judgment in the amount of $2374.b8 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 By: ~.4 F. PROT,HONOTARY (OR DEP Y) BARBARA J DAGUE 1 W PENN ST APT 404 CARLISLE,PA 17013 Plaintiffls address is: c!o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`~ Avenue, Pittsburgh, PA 15219 1-888-434-0085 ,,: :,, .. _ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. BARBARA 7 DAGUE Defendant No. 07-3308-CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE & END WITHOUT PREJUDICE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrod ,Esquire Pa. LD. No. 42524 Weltman, Weinberg & Reis, Co, LLC ?718 Koppers Building 436 7~' Avenue Pittsburgh, PA 15219 WWR 05950953 i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 07-3308-CIVIL TERM. BARBARA J DAGUE Defendant PRAECIPE TO SETTLE DISCONTINUE AND END WITHOUT PREJUDICE TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue and End without prejudice the above captioned matter upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. W n rodt, Esquire Pa. [.D. No 425 4 Weltman, ein erg & Reis, Co, LLC 271.8 Ko pers uilding 436 7`~' ven e Pittsb c1 PA 15219 Sworn to and sub c ibed :Before me the~~Lo~ Day of Septe b 2007 N ARY P LIC ~, .,.... ` 7F ° `~ _ ~;~! 'nnsulvani As ,ri,± e^ W WR 05950953 r,..: ~~ ._: --3 , : -r _ . r {;1 ,- ~: ~ s t :: -. .. ..dry _ _....: ~, _}..:~