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HomeMy WebLinkAbout07-4247~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE F.S.B. Plaintif f No : O'T-'~a~'] Civi ( TelM vs. MARTHA A VAUGHAN 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 05744377 C N Pit SGM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE F.S.B. Plaintiff vs. Civil Action No MARTHA A VAUGHAN Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, CAPITAL ONE F.S.B. is a corporation with offices at 140 EAST SHORE DR GLEN ALLEN VA 23059 . 2. Defendant is adult individual(s) residing at the address listed below: MARTHA A VAUGHAN 134 N. HANOVER ST., #A9 CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number 5178051837307667 . 4. Defendant made use of said credit card and has a current balance due of $1242.43 as of June 22, 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 per annum on the unpaid balance from June 22, 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 MARTHA A VAUGHAN INDIVIDUALLY in the amount of $1242.43 with continuing interest thereon at the rate of 25.900 per annum from June 22, 2007 plus costs. James C. armbrodt,42524 WELT INBERG & REIS CO., L.P.A. 436 S ent Avenue, Suite 2718 Pitts urg PA 15219 (412) 434 7955 FAX: 412 338-7130 057 437 C N Pit SGM This law firm is a debt collector attem~~'ing to collect this debt for our client and any information obtained will be used for that purpose. ~. t peoplepcTM online u Abetter way to Internet. J Surf uP to • 5x faster,~-- a ,' ~ FREE Acce/eratnr for ure rxst f2 narrflrst-a reo vak,e! 1-888-587-9669 .~ ~ ~ • Mention Offer Code: COIN ,~ Vsit www.peoplepc.com/go/coin UNLIMITED INTERNET ACCESS PeoplePC Online offers the features you would expect from higher-priced Internet Service Providers, including: ® Virus Protection powered ey symancecTM ® Pop-Up Blockert"" `~j Spam Controls ~ Smarter Smart Dialer Technology ~ ~ More Email Addresses ®~ Internet Call Waiting Capita/Qne. Account Su Previous Balance E827.92 Payments, Credits and Adjustments 5.00 Transactions (33.00 Finance Chazges 518.42 New Balance E879.34 Minimum Amount Due E879.34 Payment Due Date December 15, 2005 Total Credit Line f800 Total Available Credit E.00 Credit Line for Cash E800 Avadable Credit for Cash f.00 At your service To rnll Customer Relatiom or to report a lost or stdm ard: 1-800-955-7070 Send pa7mmu to: Send in¢tirin to: Attn: Remitmnce Promsing Capital One, F.S.B. Capital One P.O. Box 790217 P.O. Box 301&5 St Louis, MO 63179-0217 SLC, UT 84130-0285 E4.00 29.00 EXHIBIT ~ ,, ..~ Finantt Charges Please ree reveri i r irw~ortun t inf or rn atian e r d e fo ~ P ~ o ., ~ s p on d C 6 F ~ l ~ l ~ ~ gepfudro r .fPR I:riAH I PURCHASES ESB0.31 .07096% 25.90% 112.77 CASH 1211.66 .070969 25.90% E4.66 SPECIAL TRANSFERS E44.94 .07096% 25.90% 3.99 ANNUAL PERCENTAGE RATE applied this period 25.90% • PLEASE RETURN PORTION BELOW WITH PAYMENT ~' 0000000 7 5178051837307667 15 0879340100000879345 New Balance E879.34 Miwnum Amount Due E879.34 Payment Due Date December 15, 2005 Total enclosed E Account Number. 5178-0518-3730-7667 PLATINUM MASTERCARD ACCOUNT 5178-0518-3730-7667 OCT 16 - NOV 15, 2005 Page 1 of 1 Payments, Credits and Adjustments Transactions 1 15 NOV CAPITAL ONE MONTHLY MEMBER FEE 2 15 NOV PAST DUE FEE Take control and pay your Capital One aedit card biB online for Gee. Eliminate the hassle of writing checks, finding stamps and sealing envelopes. Everyt}trng 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 sunplifying your life today! As a valued Capital One customer, you are eligible to receive a free Yeaz-End Summary for this specific account that recaps your 2005 charges, provided your account is in good standing and you have made trans-,rt~ons during the calendar yeaz. Please call 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 you deserve great benefits. We'd like you to know that your Platinum card benefits have been updated. For details, visit www.capitalone.com/aeditcardssnd click on the Cuide to Benefits link Thanks for choosing Capital One. You were assessed a past due fee of E29.00 on 1 1/1 5120 05 because your minimum payment was not receiwzd 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. Plrmr p.iar arailiag ad~rsr mid ~e-malt dxnga betom using b/nr or black is! Avt : Cry Stiu ZIP Home Phone Alesnat< Phone ~ #9032034606809996# MAIL in NUMBER Capital One, F.S.B. ~ ~ MARTHA A VAUGHAN P.O. Box 790217 ~l~n~u~~u~u~~t~tt~ PO BOX 485 St. Louis, MO 63179-0217 ~ ~ CARLISLE PA 17013-0465 ~s~~nu~~un~~~w~~t~u~~uut~t~us~~~ut~nt~~~ntlt~lu~ ° ~ Pltase unite your account number on yore Jxck or monry order made payabk to Capita! OnF F. S.B. and mail in the rnclored rnvdope. r peoplepcta online u Abetter way to Interact. UNLIMITED INTERNET ACCESS . 1-888-587-9669 • a ~ Mention Offer Code: COIN Vsit www.peoplepc.corn/go/coin PeoplePC is slay r~porlsble fa this offer, and k not aRiialed with Capital Orle Capital One does not provide, endorse a guarantee. aril is not alfiiated with. any Product a service shown hem. A~ly tradem~ks mentioned ttraeb are wkly owned b)' the teepecbve en5ty. AA nghis reserved. By responding to this ofkr, you may be communicating edamlffiion atwut ywrsell fo the canpany ihffi provides tlla prt>duct - fa example, tliat ytu ars a Capital One customer. 'PeapkPC ONire: Fret 3 monMS are billed to 50.97 pa month; 59.95 per mantlt thereaflec Oaer avaiable to rmn dal-up subscribers at least 18 years d age and may not bB rtideenled wih any othN offer. Offer subject ro change ffi any time. Phone techrdcal t;uppdrl available far 51.95 per minute. tACCeltwator k free for 12 months. Ollx good for limned tinge. Mar the fret t2 nllxlthe, the ACOalerefed service wig atamlffiicaly revert ro the standard PeopkO'C Onirre serncs. Oger subject to change at arlybme. Nfltll PedplePC OrlGrle Accffierffied, certul VVeb page tent and graphics wiA bad faster vmen compared ro standard tial•tfp brternet service. Actcel resWis may vary. PtapkPC Onlire Accelerated 's rnly compab'de with PlxtpkPC Ortire Intenlat service and spedfied Windowe® browsers. PeoplePC Onirre Accelereted b rat compatible with Windows(A 95 with IE 5.5 SP2. Service rat available b d areas. Access tees, taxes, and otherkw and reffidLriiore may appty, TdapMrle toll charges may appy, even during trial periods. You are responsbk for tl&tamirlklg whether a call a one d our eccese nurllxas wR result in telephone till t3larpes. Acoess may be Imbed, especialy dung times d peak usage. Dial•up numbers may be charged ffi PatpkPC's dmcretion. Cor15nuoua use subject to tsrleout procedures. As 1169 i6 w.bject ro PeoplePC Orlinek Services Agreement and Acceptable Use Pdiey. 5q(¢ the martlmum speed of servictt actual speed may vary. ® 2085 PeopkPC Inc. A11 Rights Reserved. PegNePC tkiine aM as logos are trademarks of PeoplePC in tce U.S. and other coumries. ®2005 Captal One Services, Inc. Gaping One fe a fedrNaiy regiskled service mark All rights reserved. g N N ea' .- rpN periodic rate. To omdn the average dilly balance for the billirp period covered by tNa tatemem, we take the begiminq balance of each aepnern each day, add any new trsnxdiaM to cell xPnem, and albtrad any peymada or credits. Ilf iM erode N appears rn the tratt of the statement next to 'BSlarv>e Rate Apdied To,• we also aubtred any utpeid finance dharge irxdttdetl In the balance 01 each segmertt.) This puce is tM daily balance of each eegman. TMn, we add up ell the daily balances for each agmem for the billing padod and divide by the toW mrmber of wys in dhe billing period. TNS gives w the average daily Mlaroe of each aepnem. 3. Amual Presntapa Rtes IAPRI. e. The term •Artroal Perceniege Rate' may appear as APR- an tM front of this tatemem. b. If the code P IPrimel, L 13-mo. LIBORI, C ICattifirate of Depoaiq, or 5 IBankcertl Prime) appears on the from of the aretemem ren ro the periodc me(sl, the pedodc rates end mnesporrdrq ANNUAL PERCENTAGE RATES may vary gwnedy aria may irorosx or decreer bard the stated indeee, ea land in The Wsd Sheet Jouns/, plw the margin previaWy dsdowd to you. TMx tlunges will be effective on the firs day o1 your bNlinq periatl mvaW DY your pedafk Statement atdrhp in the monhhs January, April, JWy and October. c. If the code D (Primal, F O-mo. LIBOR) or G 13yrto. LIBOR Repriced MonWy) eppearo m the fiortt of your rtatemem ron to the perodc rains), tM periodc rates and coneapondnp ANNUAL PERCENTAGE ROTES may vary mantNy aril may ircreax or decrease based an the aired irh6ma, as irxad in The Web sneer Jornrei dos the margin previdrely dadoaed to you. These changes wtN M effective m the first day of your billing period each mash. 4. aasaaamarrt of Lta, Ovarlerrs acrd RaNnad Payntrd FNS. Your acmurt wig M saswxd ro mare than two of rite tees listed Mrs that ocaa during any bifiirq period. Under the terms of your cunamer agreemem, we roxrve tM right to waive or not to aaaex any lase without prior nodfimtian to you without waiMng ow right to assess the xme or amilar ices at a later time.- 5.1RartewFtp Yarn Aetarad. If a memDereNp fee appears m the inxn of the tatem,am, you Mve 30 ley from tM date thin tetemem wan mated to yw to avoid payirq tM fee or to law etch fee credhed to you if yes cored your account. Wrkp 1Na period, yes may contirae to use your accoum whfaut Mvhg to pay tM memMuNp tx. 7o cancel your accotwx, you moat tHy w by cellirg our Customer Rdetiam Depertmem and peY yes 'New Balance' in lent lexdudrp der memberaNp fee) Prior to tM acrd of 1M 1Nrty-My period. 8. N Yau Clop Yar Aeoant. You con request to tlox yyoouur a¢axs Dy calling our Ctmaner Rektloru uepemmem. You must destroy War credit mrdlsl and e coon accwa lacks, urael all preaudarized biling, and max udrre yen accent. Ii you do rhm mrael preeuthorixed Wlirq amargememe, we will oanaidar retxiPt of a ch.rge your sutlari:atim u reopen your arxoum. Addtonally, your accaarc wlr not M desetl twrtll yes PSV all emauna you owe w irdudrp: any tramacdms you Mve atrlhorized, fnsree charges, pear due fees, ovedimit txa, returned paymem few, mah advance fees and any eher fees aseweetl to your aceoun. You am respmaide for rheas amaans whetMr they appear an yea accent at tM time you repast tp lox 1M arrant or they are inaxred to your regwn to dwe tlhe aecoun. TNS maJ[ in dhergea appearing on your arrant eher you Mve ya,r accent it h Ma already been awed. for examde, it you aurhorized a purchex from a meroMm end we receive the treruection irorrh the merchem eher your actxxm has been dosed. your accent wgl be reopened, 1M amour of the tltsrip will M added to your aceawd, and you will he reSDOrhffislDle for peymem. If there Is e membenNP lee for your acetwam, the (ee will caaitxaa to M charged, to tM extent permitted by law, tntil [M txoum belarae has been paid in 1WI as defined above. 7. Uekq Yar Aaeauk.Your card or acrxxart cannot be used in caraMCtion with any imemet gemaing trerreectiarha. BILLING RIGHTS 9GMMAflY Iln Gx Of Frcore Or Ottetiare About Your BilO It you dunk your bill is wrtng, or if you reed more information on a tratnacson or bag, write to trs on e aepsrate sneer es soon as Ixwalhe et the eddresa br irrgWdea shown an tM Fran ai ilia sutamern. We must gear tram you no later tlun 00 days eher we sent you the first hill on which the error or problem appeared. you can call our Customer Relniorq rwnMr, but doing ao wig not prexrve your righa. In your letter, give w Ube fdlowing kttortna[ion: your name era accent comber, tM rldkr amonnt of the naDeclW error, a deacriptim of the error and an exdenetion, it pwaihe, of why you believe there is an ercor; or ii you reed more inormation, a description of rile item you ere utxure about. Vou do not Mve to pay any marl m question wNle we ere investigating it, bug you are still obageted to pay the parts of your NN trier are rat ' question. WNIe we investigate your question carat report you ea delinpant a take any action to ,:diem the amonnt You patim. i,t Spedal RWe For Credt Grd Purchaxa If you Mve a proNem with 1M quality of property or servtms riot you purWaed with a credt cord and you have trkd in goad faith to correct tM pradem with dhe RlertheM, You may MVB iM riglrt rat to pay the remaktira amount due m tM DrrOertY or xrvims. You Mve this protedign Qtly vMen tlb purchsx price wee more then 550.00 and tM purchase was made in your hone Hate or witNn 100 miles of your maifirp address. (If we own or operate dhe merdrent, or If we mailed you tM advertiaemem fa tM OroPertY or xrvicw, ell purcMaw e covered regerdkaa of am or lomtion of pun3heae.) Plwx rememMr to agn all correapondetae. t Ibes rot appty m consumer non-credY cwN accounts I Ooes cot appty u business ronrre0/r card xcants Cepiil One stppons information privacy protettim: ax our welatite a[ www.cepiulone.com. Gdul One is a federally regimered xrvice mark of Caphal One Freraiel Corporation. All rigxs reserved. 0 2003 Gpiil Ora 01LOLBAK 1. lbw To Avail A F srtw Chrga. ter. Orxa Period. you will Mve a minimun gram period of 25 days wttMtd fahatce char on crew Wrtdxaea, rew balartm trerahre, new epeoM pumMxa and new other raharges if you pay your total -New Balance-, in eccordsae vdth the knportem Notice to paymems blow, rid in time for h ro M cradled by ywr next nnemem dosing date. There is ro gram period m mah awaraea arxl apsdal trerefere. In addrtian, there is ro grace period arty trarwaction it you do rat pay tM total 'New balance.' D. Aeenip Fnaaa Charge. Transamiore wNtlh ere rot atrbjed to a grace period ere asxased finance tlherge 11 ham the date of tM tranasmion or 2) from the ilea the trorwdion is praxased to yea Accent or 3) iron the fim wlahdsr day of the mrrem billing perioe. Additionally, if you ditl not pay the 'New Balsrae• hen tM previous NNing period In hM, flnsnce durgea rxaxkae to accna: to your upaid balance relit the upaid bdsraz is paid in h11. TNS meats Met you mayy still owe firerae charges, even if you pay the emirs New Balsrae irtdceted on the from of your tatemem Dy the next tatemera dosing date, but 6d not do ao for tM previars momh. Unpaid firtartce tdurges are added to tie applrJde segment of your Aceoum. tc. Asktirsan Finrros primps. For each Dilirp pedal thin your accent is atEjem ro a finance dherge, a midmun total FINANCE CNARGE of i0.50 will M imposed. It tlhe teal finance large rssWting from the appi lion of your periodic rate(s) is leas tNn 10.50, we will wbtrem thn ematrtt ban the 50.50 minimun and the 6fferetae will M 6iNed ro the purchax aepr~n~ of your accaad. td. Tarrpasry Ha6tlion it Firunea prga. We rexrve the tight to not aaxsa any or all finarae durgea Wr any given 2. Avwp~i W BNaaa laakrtla9 /Nw Hrdoaasl. a. Branca charge Is calculated by mWdplying the logy Mlatae of each aepriem of you accent le.q., cosh adverse, pureMx, specal transfer, end special purdwx) by the correapehdrq daily periodc raTelel that Ma been previwelV 6adosed to you. At the eM of earth day during tM D'ANttg pedal, we +WdY tM deny periodc rte for each aepnmt of yea accaan to the dally baance of each segment. Then at tM era of tM billing period, we add tq 1M restha of 1Mae daily wltxaatiare to crave at ywr periodic finance charge for each segment. We add tq dhe refhere lrern sell 8agmM1 t0 arrive n [M Tail periodc finance dwrge br your accaarc. To gm tM dally Mleroe for each aepnatt o1 your arxxsan, we take de begiminp balarae for each aepnera and add any rew treresctiaw and srry ppeedoek firerae large calculated m the pmviow day's belarae for that segment. We than arbtram any paymems or credits poised sa of tfat day thn am sllttmtea to the[ aegmem. TNS gives re the aeparme daNy balance for eadh aepneM of your aceoutt. Nowever, if you pill 1M New Balance shown m ywr previous teterrem in fWl for if yaw rew Mlerae wee ¢ero or a credt emoum), new tratramiam vNidh poet m your prachax or apedal ulcWate a arewnot adtletl t bt ad,i y ba1tM dailWe balartcea tagellar amid dw6rq tM arm by die number ofY tM deya in der curart bifirq cycle. To calcWte your total finance lhsrge, multiplyy your average daily belarae by the Wily periodic rate aM Dy the nunMr of days in der biling period. Due to reading on a daily bards, there may M a alms vsdance between des ralculatlan end trhe emorwn of firrerwa charge amuNly assessed. b. If 1M code Z or N appears m the from of tlis stetemem Hen a 'Balance Rate Applied To,' we mltidv der Irrpatam Notip: Paymema you mail u w well be credited to your acrnett as of tM business tlay we receive it, provided (11 you xrtd me bottom portion of this tetemrnt and your lack in TM enclosed remittarae envelope and (2) Your paymem ie received in our praCBWltg comer by 3 p.m. ET (12 real PTI. Poeax slaw at leas[ five (5) bWIf1e93 days br postal ddiwery. Peymems received by w n any other location or in any other btm may rat M cradled as of der ley are receve them. Our 6tdrao days am Monday through Saturday, extludrp txlideya. Pleeae do rim use atapl paper dips ate. when preperirp your peymem. When You send w a dtxkla), you eutlarize w to make acre-time demroric trerafer debit from your Mrdt accaax ur iM emrxxrt of the eMck ~TNO eutMdzadon appli to aN eMcW receved during tM billirg cycle even if aem by aomeore dx. If we mmot procwa der varefer, yes authorize ua to make a cMgle agairat your bank amain using iM rateck, a paper drab or mbar item. i ~.. R VERIFICATION CAPITAL ONE BANK, F.S.B. vs VAUGHAN, MARTHA A The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that he/she is, MARITZA ROBERTS, Authorized Agent, of CAPITAL ONE BANK, F.S.B., 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. ~~ M TZA ROBERTS /~~__ Notary Public ^a~n ro.. 1. ..~ .. _. d r , ti 5178051837307667 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. ~-.' r- -- r.~ ;- __~ `.~ ..,. ~ ~~ .. r_. ~... "~ j 7 t l t ~ ~ ' } J 00 . _ "' f" w ~ N k .j~ O ~~ U . . - ,, 7, . 00 SHERIFF'S RETURN - REGULAR CASE NO: 2007-04247 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE F S B VS VAUGHAN MARTHA A VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon VAUGHAN MARTHA A the DEFENDANT at 1529:00 HOURS, on the 3rd day of August 2007 at 134 N HANOVER STREET # A9 CARLISLE, PA 17013 by handing to MARTHA A VAUGHAN 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 Sworn and Subscibed to before me this _ __ day So Answers: R. Thomas Kline 08/06/2007 WELTMAN WEINBERG REIS By : - ~ '' Deputy Sh iff of A.D. :. .~~~: IN THE COURT QF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIV[L DIVISION CAPITAL ONE F.S.B. Plaintiff No. 07-4247 CIVIL TERM vs. PRAECIPE FOR DEFAULT JUDGMENT MARTHA A VAUGHAN Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA LD.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR#5744377 Judgment Amount $ 1,325.15 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAI ED WILL BE USED FOR THAT PURPOSE. [N THE COUR'Ir OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE F.S.B. Plaintiff vs. Civil Action No. 07-4247 CIVIL TERM MARTHA A VAUGHAN Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, MARTHA A VAUGHAN above named, in the default of an Answer, in the amount of $1,35.15 computed as follows: Amount claimed in Cgmplaint $1,242.43 Interest from JUNE 27, 2007 TO SEPTEMBER 24, 2007 at the legal interest ratle of 25.9% per annum $82.72 TOTAL $1,325.15 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 indi ated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: WILLIAM T. MOLCZA ,ESQUIRE PA LD.#47437 weltman, Weinberg & Reis Co., L.P.A. 27] 8 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 W WR#5744377 Plaintiff s address is: c!o Weltman, Weinberg & Reis o., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 And that the last known address fthe Defendant is: 134 N. HANOVER ST., #A9 CARLISLE,PA 17013 IN THE COMMON P~,EAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE F.S.B. Plaintiff vs. MARTHA A VAUGHAN Defendant Case no: 07-4247 CIVIL TERM NON-MILITARY AFFIDAVIT The undersigned, who fi~~st being duly sworn, according to law, deposes and states as follows: That he/she is the duly ajuthorized agent of the Plaintiff in the within matter. Affiant further states I~It~hat the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Wct (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, MARTHA A VAUGHAN 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 jthat the Defendant, MARTHA A VAUGHAN is not in the military service. Further Affiant sayeth naught. AFFIA T SWOf~N T SUBSCRIBED in my presence this 'day of ' ~~?~ . COMMONWEALTH OF PENNSYLVANIA -40T RY PUBLI ~_ N~~~ ;~~A-<~ -~ Y. ~ ~- r e.. l.. l This law firm is a debt collectdr attempting to collect this debt for our client and any information obtained will be used for that purpose. j I. Request for Military Status Department of Defense Manpower Data Center Military Statu Report Pursuant to th~ Servicemembers Civil Relief Act Page 1 of 2 SEP-24-2007 09:51:54 '~'~ Last Name First/Mid le Begin Date Active Duty Status Service/Agency VAUGHAN MARTHA A Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the inform tion 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 - l~lanpower Data Center 1600 Wilson Blvd., Suite ~00 Arlington, VA 22209-259 The Defense Manpower D to Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enr llment 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 Defens 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 hundred of thousands of "does not possess any information indicating that the individual is currently on a tive duty" responses, and has experienced a small error rate. In the event the individual referenced abov , or any family member, friend, or representative asserts in any manner that the individual is on active uty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain furth r verification of the person's active duty status by contacting that person's Military Service via the "d fenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to btain this additional Military Service verification, provisions of the SCRA may be invoked against yob. If you obtain further infortr#ation 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 qUe~'• II, "Phis response reflects current active duty status only. For historical information, please contact the Military Service SCRA poi is-of-contact. See: http://www.def~nselink.mil/faq/ps/PC09SLDR. ,htm1 WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/'~cra/owa/scra.prc_Select 9/24/2007 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: PGVYUNNZCU ', https://www.dmdc.osd.milVscra/owa/scra.prc_Select 9/24/2007 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE F.S.B. Plaintiff MARTHA A VAUGHAN Defendant{s) IMPORTANT NOTICE T0: MARTHA A VAUG 134 N. HANOVE ST., #A9 CARLISLE, PA 1 013 Date of Notice : ~~ ~ ~~ WWR#: 05744377 U~ Case # ~~ -~t~'-1~- C~vi~ TcRw~ YOU ARE IN D~FAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENS~S OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WI'CI'HIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTIY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLL,OWTNG OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOIT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITHINFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL ERVICE CUMBERLAND COUNT BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 170 3 (717) 249-3166 BY : ~0~-~u.c~~ ( IitO'vti'1b-J t.~%~io ~SVu~CV'-' PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BLDG, 436 7TH AVE. PTTTSBURGH. PA 15219 'f` M O ~ O ~ ~ be a -- ~ a j~_/ j~Y i/~4 W.~, -.~, ,~, (~,;~ ra `~ ; n 0 c~ t~ ~.; W ~ ~{~ N crc ~ ~ IN THE COUR'lfi OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~' CIVIL DIVISION CAPITAL ONE F.S.B. Plaintiff i I vs. I Civil Action No. 07-4247 CIVIL TERM MARTHA A VAUGHAN 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 to (xx) Assumpsit Judgment in the amount of $1,325.15 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 ~I Prothonotary By: PRO NOTARY (OR DEP Y) Q~'B MARTHA A VAUGHAN 134 N. HANOVER ST., #A9 CARLISLE,PA 17013 Plaintiff's address is: c/o Weltman, Weinbe g & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 1-888-434-0085 ,!