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Home My WebLink About07-3502 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAPIIA CIVIL DIVISION CAPITAL ONE BANK ]]rrte~ //ff rr Plaintiff No: ~~-JJ~°Z. l../vil~~~~ vs. ESTHER M STONE COMPLAINT IN CIVIL ACTION 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 05702044 C A Pit SGM S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. ESTHER M STONE Defendant Civil Action No ~~' ~~ a' ~`"~ ~`'~' 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: ESTHER M STONE 35 BIG SPRING TER NEWVILLE, PA 17241 3. Defendant applied for and received a credit card bearing the account number 5178052258201108 4. Defendant made use of said credit card and has a current balance due of $2317.01 as of May 30, 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 25.900°s per annum on the unpaid balance from May 30, 2007 A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1" and made a part hereof. ,.e, , ' First 3 months half-price "~~~ 97 ~ s month ~ ~ E9.95.rmo. therealler Now w/th FREE Accelerator for the first 12 moathst-a •BO value 26B2otfoa SIGN UP TODAY: ' 1-877-778-1207 Mention Offer Code: GARNET Or visit www.peoplepc.corn/go/garnet Capita/Qy~• Account S Previous Balance E1,239.40 Payments, Credits and Adjustments 8.00 Transactions E40.00 Finance Charges E26.66 New Balance E1,306.06 Minimum Amount Due E1,306.06 Payment Due Date June 11, 2004 Tonal Credit Line 8500 Total Available Credit E.00 Credit Line for Cash 5500 Available Credit for Cash E.00 At your service To call Customs Relations or to report s lost or stolen nrd: 1-800-903-3637 For fr« online account savior and :peas! asstoma o(fen, log on to: www.apitilonemm Send paymrnts to: Sand inquiries to: Attn: Rercuttanm Proussing Capital One Savior Capital One Savica P.O. Box 85147 P.O. Box 85015 Richmond, VA 23276 Ridunond, VA 23285-5015 peoplepcT"online ~ Abetter way to Internet. PeoplePC Online offers the features you would expect from higher-priced Internet Service Providers at half price for the first 3 months! ® VIrUS ProteCtlOn powered by SymemecT• ® Pop-Up BlockerT"" `~j Spam Controls ', 1~r ,~E~SrmartFe~r Sm~ aQrt~ Dialer Technology ®- ~4i'22rAF~LIT~1!'~l~Lgsses ~ Intdc~t loll Waiting MEC NICSBURG PA 17050-2389 PLATINUM MASTERCARD ACCOUNT APR 12 -MAY 11, 2004 5178-0522-5820-1108 Page 1 of 1 Payments, Credits and Adjustments Transactions 1 11 MAY CAPITAL ONE MONTHLY MEMBER FEE E5.00 2 11 MAY PAST DUE FEE 35.00 "`Capital One proudly suppom the National Youth Anti-Drug Media Campaign. PARENTS. THE ANTI-DRUG. Stay Involved -Ask Questions. To get the FREE booklet, 'Keeping Yovr Kids Dntg-Free," call i-800-788-2800 or visit www.TheAntlDrug.com"" You were assessed a past due fee of E35.00 on 05/11/2004 bemuse your miwnum payment was not received by the due daze of 05/11/2004. To avoid this fee in the future, we recommend that you allow at least 7 business days for your payment to reach Capital One. EXHIBIT Finarrce Charges Pleme ru reverreride for imfmrani in, formation `O _ gaplirdm~e Period~r CwnfPR g l:YL9K~~ i~ PURCHASES 81,25240 .070%95 25.90% f26.66 CASH 8.00 .07096% 25.90% 8.00 ANNUAL PERCENTAGE RATE applied this period 25.9096 • PLEASE RETURN PORTION BELOW WITH PAYMENT ~One• 0000000 0 5178052258201108 11 1306060058001306067 New Balance E1,306.06 Minimum Amoum Due El 306.06 Payment Due Date June 11, 2004 Total endosed E Accouru Number. 5178-0522-5820-1108 Capital One Sank P.O. Box 85147 Illnlulllllluullll Richmond, VA 23276 IIIIIIIIIII III IIII IIIIIII III VIII IIIIIIIIIII II IIIIIIIII IIIIIII Pl aufrinr mailing adai~ess oAb r~•ailrfimlgu bel wind bf orb! kink 5aeer Apc ~ Gty Suu ZIP Home Phone Alarmre Phone #9013303499433831# MAIL ID NUMBER ~ ESTHER M STONE ~ 6412 CARLISLE PIKE o LOT 104 m ~ MECHANICSBURG PA 17050-2389 o O IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIIIIIIIVIIIIIII r Pleare ruriteyour aawent number on yore Check or money ordn made Payable to Capitd One Bank and mail in the endared envelops. peoplepc~a online ~ Abetter way to Internet. UNLIMITED INTERNET ACCESS SIGN UP TODAY: 1-877-778-1207 Mention Offer Code: GARNET Or visit www.peoplepc.com/go/garnet PecplePC le solely responsible fe Cl's otfe, and is na afiWated with Capihal One. Capnel One does not prtwide, endorse or guartartee, and is not effilaied with, arty product a service shown here. Arty trederrerks mentioned herein are solely owned by the tesQecdiVe entity. M rights reserved. By resptkWing to tits offer you may be commtadcating infomtation about yolasalf to the connparry that provides this product -for example, that you are s Capital Ore customer. 'PeoplePC Onine: First 3 momhs aB biled a[ 54.91 Der morM; $9.95 per month tilereaRe. OBer available to new dial-up subscribers ~ leas118 years a age and may rwt be redeemed with mry other offer. 08er subject to Change at arty time. Phone tedxicel support available for 51.95 per miralle. }Accelerate k free for 12 montls. Ofle good for fknied time. After the fvst 12 melths, fhe Accelerated service witl aMOmadcelly raven to the standard PtaplePC Online service. Offer wbjed to tdlazge at anytime. Wdh PeodePC Oriile Aecelareled, certain Web page text and graphics wit load taste when mnlpared b sfandaN tieFup Interet service. Actual rasuRS may very. PeopiePC Onine Accelerated a ony compatible wdh Pranpitd'C Onirle Interval service and specified Wkxbwsm browsers. PeaplePC Ontlne Atxxleated is rat canpetible with Windows~A 95 with IE 5.5 SP2. Service rot evadable in all areas. Aims fees, taxes, end other fees and restrictions may apply. Telephone tell charges nrey apply, even eluting trial periods. You are resporsble for tfeterrtining whether a cell to are o1 our atxrss numbers wit reslit in telePfara tell tdleges. Access prey be tlrrifed, mpraialy Ouritlg times a peak usage. Dial-up nunbers maybe charged at PeoplePC's discretion. Continues use subject a titrleotd procedtres Ai use s subject to Pt:oplePC Oaine's StaWcm AgradrKrt and Ptteptdtle use Pdiq, S6K is the maxkrnrrt speed d service; adcel spud may very 0 2008 PeoplePC la. All Rights Reserved. PenplePC Onkne ant its login are tredertlads of PeoplePC in the U.S. and other coin. ® 2006 Capital One Seruicm, lea. Capital One a a federally registered service made All rights reserved. O O .'- N 1. lbw To Avid A Fnanea Chaspa. periafic rate. To atndn the average daily balance for the your accaxn it it has already bcen dosed. For example, ter. Grass Period. Vou will have a mirimtm gran period of tilling period cevered by Wa statemern, we take the it you autfarizad a Wrchsx tram a merchem and we 25 days widtan finance large on new purchaaea, new balance trasfere, new aped purdases and new other begimng balance of each xgrnem each ley, add any new irensappos to each sagrtas, and erbtraa any peymems reeeve the traraaaion frm the merdhem after your xount bee been cbaed, your account will be reopened, Barges if you pay your total 'New Balance', in or credit. tlf der code N eppean an [he ban of thin ' der smaum of the Charge roll he added m your accent, accordance with tla Important Nmice for paymeme below, we alx srnemrsn rext to 'Balerxs Rete Applied To, and yeu will ix reeponeiNe for peymern. Ii there is end in time for h m be credted by your next nnemem doskg date. There is s grace period on cash advances arblrsd any unpaid fisrxx darlle included in the balance of calf ugmern.l TNs avea w the daily balance of each membership fee for you steam, the fee will cettiue to be Barged, to the extent pemrhted by law, until the and eyelet hasfere. In addition, there is s grace period aegmdtt. Then, we add up all the dally balances fir each accoum balance free been paid in hAI n defirv~ above. m any traraectian if you do rat pay the tool "New aegmonr for the billing pedal and divide Dy tla total J. lhkg Yow Aeaautt.Vour card or accous csnst ba balance.' nunreer of tlays in the billing period. TNS gives us the aced in corxactim with any imemet gamding h. Aaortig Fbwres Clrarpa. Trasamios which are not average daily belerae of each segment. traraatTlas. subject to a grace penal are esxssed fnance large 11 3. Mewl Preartaga lino IAPRI. ' trap the date of der tresaction or 2) from the date the may appear as a. The term 'Amin Percemage Rne BILLING RIGHTS SUMMARY [renaeaion is procaxed to your Accoum or 31 from the 'APR' an the horn of tNa netement. Iln Cox Of Errors Or Questions Abeut Vour Bilq firs[ calendar day of the arras bilfirg pedal. Addtioslly, b. If the code P !Primal. L (3-mo. LIBORI, C (Certificate of It you think your bill is wrag, or if you reed more if you eel not pay the 'New Balance' from tla prevfoue Dposit), or S (Benkrard Primal appeare on the Tont of rttlormation on a traMedion or bat, write to ua on e Nllgg period In fill, nnertce dagea oontkxse to accrue to tNs aretrmau sd to the pedatflc ratelsl, tla pedoek xparete sheet ea soon as possiNe n the address for ywr carpet balarsxr tmilds: unpaid balance is paid'm hll. even if This means Intl you ma atilt owe fisrtce degas rates and correapadinp ANMIAL PERCENTAGE RATES may very tpwrtedy and may incmax or decreax based inpides shown on der fray of this statement. Wa must tsar tram you s later then 80 days after we cent you the , you pay tfa entire New Balance ktrficned m tla front of the stated indices, ea found in The Web Sheet first NII an vefiich the error or problem appeared. You can your statement by the sd statement doeirq date, but tlid Dawns/, plea the margin prevriouly 6sdosed to you. call wr Custaner Relations number, Mn ddng ao wiN rat not do x for the previous mmh. lhpaid finance Barges Thex dangea call be effect ve tM first day of your prexrve your rigMa. In your letter, give ua the fdlowing are atldetl to the appliude xQnant of ywr Account. bXlinp period covered by Your pedodt netemem ending intomation: your name and eccous number, the ddlar t c. Mkrkraam Fkanee Clings. For each billing pedal that the months January, April, JWV and Oriober. arrrount of the suspected error, a description of the error f i i your eccoun is w6ject to a flnence large, a miNmum c. If the code D (Prime), F 11-mo. LIBOR) err G 13mo. eve [ are s and an erplaratim, it posade, of why you bel teal FINANCE CHARGE of 80.50 will be imposed. It the LIBOR Repriced Mordtly) eppean an the hint of your n error; or if you reed more inbpnetim, a deacriptian of teal finance large resulting tram the application of your statement next to the periodic ratelsl, the periodic rates der item you are urswre about. you do rat fare to pay any periodic rate(s) is less then 30.50, we roll ezLtract that and correpading ANNUAL PERCENTAGE RATE may arnaus in question rasle vve are invenigetirg it, bu you emourn from the 50.50 minimum and tla tifference wRl be vary montfiy and may increax or decreax based on tta are grill oNigatetl to pay the parts of you NII that are m Oiled to [he purcnex aegmant of ya,r eccaxrt. t d. Tanprrry Radwlisn n Fk~oa Orwga. We rderve the anted indices, as fond in The Wa// Sheet Jararal, plus the margin pmaiaualy dladoaed to you. T1ax charges n question. wNle we invearigere your question, we cerrtot report yw as ddirpuent w take any action to cdlect the dphot to not asxea any or all finance charges for any given wall be effective on tfa firrt day of your billing period emaun you question. GL'sg period, each month. 2. Avsrapa DaeY ealrtaa Ilnokr6rg Nava firdasnl. 4. Asaasrrwp of Later, Ovnlirrtlt std Habanad f+aymrs Fws. =,t Spada! Rde For Credit Card Purchaaec a. finance charge is celrxiatetl by mddplying the daily Vour account wlN he assesaetl s more tMn two of the fxs balance o1 each segment, of your eccourn le.q., rash listed here that acau during any titling period. Under the Ii you have a problem with the qualhy of property or advance, purchase, apecal trasbr, and eyelet purchex) by the correpatdinp daily periotic rate(s) that has been termer of your cuatomar apreemeM, we reserve the right to waive or st to assess any tees without prig sdficetion to rwcea flat you purdased rim a credit cerd end you previously disclosetl to you. At tta end of calf ley drring you without waiving our right to asxaa [he name or similar have tried in good taint to correct der problem whh the you may hew the right rat to pay the remaidrg menchem the Nllirg period. we apply the logy perio6c rata for each aepnem of your eccotrs to [he daily balance of each fees at a Isla time. 5.tHsrwwhg yrsr Aooeunt. Ii a memberrip tae , amerrt due on tla property or xrvicea. yw have this ae(xnem. Then at the end of the Nllirg period, we add tp ppeare on the horn of this nnement, you have 30 Protedim ody urban rite purdax Price was more than 850.00 and the pudax wee made in your lame state or the reaWts of tlteae daily celNerios to arrive n periodic finance charge for each segmas. Wa add uprthe days from the doe this netement wee motel to you to avoid paying the fx or to have audt Ne trebled to you vn1Nn 100 mile of your maikng address. 11f we own or rexite from each aegmem to ardor at the total perorc if you Dental your accotm. During tNS period, you may Warne the merchern, or if we mailed you the advenisamern fir the DrrlPertY or xrvices, all purcJasea flsrsx large for your acrnnt. To get the daffy balance we take the bagiming for each xpnan of your accent continue to use your accarm wither hating to peY the memberWp lea. To cancel your attain, you mun recovered regardkas of emous or location of Wrchex.) , balance for each aegnem and add any new trernectiar rrodly us by cellirg wr Cunamer Relniaa Depenmern Please remember to sign stl cerrepmdertce. end arty periodic fiance charge calculated on the previous day's balarae far thn xgment. We then nrMrect arty and pay yar 'New Blase' in fist (exduding the m beraNp fes) prior to the end of the tNny-daV Padad. t Dyes oat apply to consumer rwn-credy card ecmunts paymasa or credits posted as of that day thn are allocated 8. N yeu Cba yrsr Aeeaut. You can ragas[ to dose to that aegmers. TMs gives us tfa aeperate daily balance your access by GNirg our Customer Relatlaa f Does znr apply fa bust ..sv non-r~eE/f caN acrw.nts for each segment of your accent. Hovrever, iT you paid the Dperbnern. you moat dertroy your credit cerdlal end New Balance afawn m your Previous atatenrerrt in fWl (or accasn eaen lacks, cancel all preeumodzed Nllinp, Caphd One arpports infomatim pdvacV Praenim: ax our if your new balance was zero or a credt emaxtt), sw and ceax usurp yaw accestt. It you do not ranch website e[ vwvw.opitalete.com. tnnunios which prat to your pradase or pedal preauhorized DYlirg arrsrgemesa, vre will cosider Capital Ora is a federatly reginered xrvice mark of Capital purchase segnase are rat added to the tlaNy balances. We retxapt of a Barge your audariznim to reopen your One Fisrxdal Corpornion. All ri~tta rexrved. 0 2(703 lame the average daily balance by addng all the dally accaxn. Ad3daslly, your accent will rim he tloxd Capitd Opp balarrna together and divi6rg the ran by the number of omit yw paY all smouma yw owe w irdrdirg: any the deyn in the wrrers billing cycle. To celctsate your Coal irarwactias you have auhorized, finance dagea, past fiance charge, mWtiplyy your average daily balance by the der fees, ovedimit tees, returrad paymem fxs, cash daily peria6c rete end by tM rxanbar of days in the billing advance tees ant any Omer tees eeaeeeed to your period. Due to renrirg an a daffy basis, there may De a eccoum. You are repanide for rheas amauma whether sligN variance between Ms raltxietim and the amour of flay appear m your accoun[ et the gene you request to fisrsx d~rpe adwlly easeaxd. lox the aantrrs or they ere irxarned at6xquertt to b. If the code Z or N appears on the hoot of tlss ataiemem next to 'Balance Rate Appied To,' we mulddV the your request to lore tfa attount. TNS may refit in Barges appearing m your accorm after you Mve 01 LOLBAK 10806M Irrputnt Notice: Payments you matl to w will De credited to your secant as of tla business day we receive it, provided 111 you send the bottom pordon of this atetemas antl your clack 'n the enclosetl reminartce envelope end 121 your peymem la received in our proceWnp cerner Dy 3 p.m. LT 112 roar PT). Pleax allow et least flue 151 Ouahaa days br postal Odivery. Peymema received by us a< any other la:edon or in arty otlrer farm may not be cmditetl ere of tla day we receive tlam. Our buaissa days are Maley through Saturday, exdudng hdideys. Pleax do m use rteplea, paper dips etc. when preparing lour payment. When you acrd ua a drockla), you authorize ua to make a as-time dectranic uasfer debit flan your Dank accorm for the amoum of the deck. This auMrizetion appeaa to ant decks received during the hiBirg cyde even if sort by someone dx. It we cemot process tfte taster, you authorize us to make a charge against your bank accent uairq the lack, a paper draft or atMr hem. 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 (~~~ 1~ i Yl /(NAME) of ~~o ~ `~~" ~° ~ K ,plaintiff herein, that (TITLE) (COMPANY 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. (SIGNA wwR#~~ ~r ~~zo ~ ~l a ~._ -..} ': :; N n c~ C _._ r~, -~ ~•~ t .~ Ci t '.~.~ r~ ~-p. ~ ~~' -, ~ z` =~ rr-t :x~t ~7 -G ~:J SHERIFF'S RETURN - REGULAR CASE NO: 2007-03502 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS STONE ESTHER M DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STONE ESTHER~M the DEFENDANT at 1551:00 HOURS, on the 28th day of June 2007 at 35 BIG SPRING TERRACE NEWVILLE, PA 17241 ESTHER M STONE by handing to 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 11.52 Affidavit .00 Surcharge 10.00 "`~ . 0 0 blD~~o 7 L~ 39.52 Sworn and Subscibed to before me this day of , So Answers: ~~' R. Thomas Kline 06/29/2007 WELTMAN WEINBERG REIS BY~ Deputy Sheriff A.D. .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. ESTHER M STONE Defendant No. 07-3502 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. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5702044 Judgment Amount $ 2,451.49 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, Plaintiff vs. Civil Action No. 07-3502 CNIL TERM ESTHER M STONE Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, ESTHER M STONE above named, in the default of an Answer, in the amount of $2,451.49 computed as follows: Amount claimed in Complaint $2,317.01 Interest from MAY 30, 2007 TO AUGUST 20, 2007 at the legal interest rate of 25.9% per annum $134.48 TOTAL $2,451.49 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 ZAN, ESQUIRE PA LD.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#5702044 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`" Avenue, Pittsburgh, PA 15219 And that the last knov-m address of the Defendant is: 35 BIG SPRING TER NEWVILLE,PA 17241 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPTTAL ONE BANK, Plaintiff vs. ESTHER M STONE Defendant Case no: 07-3502 CIVIL TERM NON-MILITARY AFFIDAVIT The undersigned, who first being duly sworn, according to law, deposes and states as follows: That helshe 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, ESTHER M STONE 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, ESTHER M STONE is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN TO AN~ SUBSCRIB~~ my presence this 21 day of COMMONWEALTH OF PENNSYLVANIA '~ ~~'~ Notarial Seal O ~RY PU ~ ~_~~n®A Jones, Notar. C.ity~~~Pittsbu-gh,Aae~; _:c,~,+up My ~.or emission Expires .1w ~. , ;>~', 2ti7`~ ~ Member, ~ennsylvaniaAssociation of 1lot~iies 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 Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 AUG-20-2007 11:00:03 < Laat Name First/Middle Begin Date Active Duty Statas Service/ASeacy STONE ESTHER M 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. rh.,,r~ ,a..y_a~- 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: httn://www.defenselink mil/fac~/pis/PC09SLDR 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 8/20/2007 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: DQOUHAPHJB https://www.dmdc.osd.miUscra/owa/scra.prc_Select 8/20/2007 r ~ ' IN THE COURT OF COMMON PLEAS CUMBERL~IND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff ESTHER M STONE Defendant(s) IMPORTANT NOTICE TO: ESTHER M STONE 35 BIG SPRING TER NEWVILLE,PA 17241 Date of Notice : ~) ~ ~~ ""~~ WWR#: 05702044 Case # " J ~~ IVY ~ ~I~f~ 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 TQ 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 PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 _~ ~ ~` ~ q ~"' pp qq ~ t • , ~`' b ~C. - .,. ~. to ~? rte ~ ~ ~- , x `' ~~ ~ ~ . . ~r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs.. Civil Action No. 07-3502 CIVIL TERM ESTHER M STONE 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 $2,451.49 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: s ~ • earn PRO ONOTARY (OR DEP Y) ESTHER M STONE 35 BIG SPRING TER NEW VILLE,PA 17241 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7~' Avenue, Pittsburgh, PA 15219 1-888-434-0085