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HomeMy WebLinkAbout07-4479 ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: Q'7-l.~l~rf9 CIViI ~erm vs. TIMM M ENGLEHART 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 05950625 C A Pit KXW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No TIMM M ENGLEHART Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, CAPITAL ONE BANK is a corporation with offices at 6851 JERICHO TURNPIKE #190 SYOSSET NY 11791 . 2. Defendant is adult individual(s) residing at the address listed below: TIMM M ENGLEHART 283 CLARK ST LEMOYNE, PA 17043 3. Defendant applied for and received a credit card bearing the account number 4862362207705982 . 4. Defendant made use of said credit card and has a current balance due of $1510.68 as of July 16, 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 24.990 per annum on the unpaid balance from July 16, 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 TIMM M ENGLEHART INDIVIDUALLY in the amount of $1510.68 with continuing interest thereon at the rate of 24.9900 per annum from July 16, 2007 plus costs. Jame C. Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 Sev th Avenue, Suite 2718 Pi tsbu gh, PA 15219 ( 12) 34-7955 F 12-338-7130 59 625 C A Pit KXW This law firm is a debt collector a~,t`empting to collect this debt for our client and any information obtained will be used for that purpose. First 3 months half-price 1 ~ 7* a tranth; 58.95/tra. t99ereafter SIGN UP TODAIR ' i-877-778-1207 Mention Offer Code: CORAL Or visit www.peoplepc.com/go/coral peoplepc~ online u Abetter way to Irrtemet. PeoplePC Online offers the features you would expect from higher-priced Internet Service Providers at half price for the first 3 months! ® Email Virus Protection ® Pop-Up BlockerT"" Spam Controls Smart Dialer Phisher Security (~ Intemet Call Waiting Cap/ta/i~~• Account S Previous Balance =823.50 Payments, Cred'us and Adjustments E.00 Transactions 529.00 Finance Charges (17.08 New Balance 5869.58 Minimum Amount Due =869.58 Payment Due Date August 11, 2004 Total Credit Line =500 Total Available Credit =.Op Credit Line for Cash =500 Available Credit fox Cash 1.00 At your service To Dill Customs Relations or to report a lost or rtolrn ova: 1-800-903-3637 For fra online account seriee and speaal a..toms o~ , log o• to: www.npiulonacom Send paymum to: Send inquitio to: Attn: Rertuttance Processing Capital One Sers~en Capital One Seavica P.O. Box 851x7 P.O. Box 85015 Rirhmond, VA 23276 Ridunond, VA 13285-5015 PLATINUM VISA ACCOUNT 4662-3622-0770-5982 JUN 12 -JUL 11, 2004 Page 1 of 1 Payments, Credits and Adjustments Transactions 1 11 JUL PAST DUE FEE t29.0o You were assessed a pas[ due fee of 7;29.00 on 07/l 1/2004 bemuse your minimum payment was not remived by the due date of 07/10/2004. To avoid this fee in the fume, we recommend that }rou allow az least 7 busines days for your payment to reach Capital One. 18'~ Pittance Charges Pleare.rte revert tide fo r important information a Bal rmr Ps.;ad;< ~ d C pg ~~ ~ ~i fflirdto r~r .fP R 1 e PURCHASES 5570.61 .0684796 P 2x.9996 511.72 CASH (261.08 .06847%P 24.9996 15.36 ANNUAL PERCENTAGE RATE applied this period 24.9996 • PLEASE RETURN PORTION BELOW WITH PAYMENT ~~~~~~• 0000000 0 4862362207705982 11 0869580015000869585 New Balance 1869.58 Minimum Amount Due 5869.58 Payment Due Daze August 11, 2004 Total enclosed t Aceount Number: 4862-3622-0770-s982 Capital One Bank P.O. Box 85147 ~t~n~u~r~n~6~t~u~~ Richmond, VA 23276 ~tt~i~n~~us~s~~tu~s~~n~~ut~~m~~suus~~i~u~~us~~u~t~ Pharr print nwitind add ~ a~ e-~wd rbmod brl asiwg bl w blrk ink 5aeet Apc a ! ;ry Sate ZIP Home Phone Alarmre Phone FinaO Addrm #9019355370922369# MAIL ID NUMBER TIMM M ENGLEHART o ~ 283 CLARK ST ,., ~~ LEMOYNE PA 17043-2010 N ° ~ ~tu~~~w~~~uu~n~u~~tu~t~~~nmt~~~~ut~u~tn~~tnt~~~ Pleare unite your arcoant number on yosn rl~xk ar mosey ordn modepayable to Capita! One Bank and moil in the rnrlored rnvetope. peoplepca online u Abetter way to Internet. UNLIMITED INTERNET ACCESS SIGN UP TODAY: 1-877-778-1207 Mention Offer Code: CORAL Or visit www.peoplepc.com/go/coral PeoplePC is coley responsible far this offer, and is not affNiated with Capital One. Capital One does not provide, endorse a guarantee, and is rat affiliated with, any product a service shown here. Any haderrlarla nrentiorlad herein are solely avned by the respective entity. All rights reserved. By responding to this offer, you may be crommlalicating klfonnatbn abort yolaseti to the company that provides this product -for example, that you are a Capita One customer. 'PeoplePC Onlne: First 3 months of servbe ere billed at $4.97 a mordh; $9.95 a nanth thereafter. INfer available to new dial-up subscribers at least f 8 years of age and may not be redeemed with any ot)rer offer. Otter subject to change at any time. Phone technical support available for $1.95 per minute. For questions, call tdl-free at t-86&STRYNOW. Service not available in all areas. Access fees, taxes, and other fees and rsstrictials may apply. Telephone tdi charges may apply, even doing goal periods. Yau are responsible far determining whether a call to one of our access numbers wig r(sUt in telaplrone tdl charges. Access may be limited, especielty during tinges of peak usage. DiaF-up numtlws may be change0 at PeoplePCs disaetion. Continuous use subject to timeout procedures. Ali use Is subject to PeopiePC Onlirw§ Services Agreemerd and Acceptable Use Policy 56K is the maximum speed of service; actual speed may vary. © 2006 PeoplePC Inc. AA Rights Reserved. PeoplilPC Online and tts bgos are registered trademark of PeoplePC in the U.S. and other counMes. ® 2006 Capital One Services, Inc. Capita One is a federsAy registered service mark All rights reserved. g O e 0 N periodic rate. To obtain the average tldly belarxx for the bllirrg pedal covered by this rtaremem, we uke the begimirp belarrce o1 eeM aeynern each ley, adtl any new trarwdiae to each aegmerrt, and rxAtrsct sny peymm[s or aedks. IN the code N appears an 1M fran of this rtrtemem text to '8ebrux Rate Applied To,' we also arthirad enY tatpaid finartce large indrtrbd in the balance of eadr ae~nem.) TNs gives ce the daily bdertce of eaM aegnlent. Then re add Iq all the dagY balarrcea for each segmern (or the biling periotl and dvide by the total rtunber of days in the billing paler. This gives w the ggee daily balmtce of each aegmem. 3. Anal VtearRap Rata: fAtMil. a. The term 'Amtul Peroanage Rate' may appear as APR' m the from of Ws saeement. b. If the code P 1Prime1, L (3-mo. LIBOR), C ICenificate of tNaterrers rert to the pedndc r~nelsl ~ttre pedodcf rates and cenespondrto ANNUAL PERCENTAGE RATES may wry gwnedy annddmay Inaeap or decree based m the Hated btdces, as IaxM in The Wa// Sheet Jorasel, qua the margn peviotaay dadoaed to you. These lunges will be effective m the flirt day of yes bHlirtp periotl cewred by Your padodc rtrtemem erMng 'n the marths Jsruery, April, JuIY and October. c. If the code D (Prime), F It-mo. LIBOR) or G 13+no. LIBOR Repriced MatiHy) appeerc m the had of your sutemem next to the periods rated, tM periodic rated arM cenespartdirq ANNUAL PERCENTAGE RATES may wry mrutHay and may Increase or decrease Dosed on lle need In6cea, as food in The WsN Szmer Jotsnel, alp ~he margin provioualy dadoaad to you. These durtpea II be attrxtiw m the first day d your bilNng period eaM mash. 4. AssanrttarM M late, Ovarlirtk attd Ralunad Prymara Fws. Your trtxard wiN he asspsetl re more Hun two of the tees listed here that exert rlurirtp any bilirq periotl. Under the terms of ywr wrtaner egreemern, we roprw the right to waive or not m epee any lees without prior redflatim to you without wsivitg our d(FH to risen the pine or similar at a fermi Hme. 5. Rannvkrp Yov Aeeoua. If a membeMYp tee paean on the trap of Mier rtetemem, yon haw 30 days from the date Chia rtrtemen wad milled to you to avdd peyirq the fee or to haw atrh tee cradled to you if you ratted your account Uuing tNa period, you may crxmnue to use your accent without IuMnp m pay the membarebp tae. To cerw:el your eccara, you muss Hairy rs Dy egging our Cuslaner Ralrtiore Dapertmem a ~peY your New Belertce' in TWI lexdudrp the bangle tee) Pda to the rind of tM shiny-tley pedal. 8. R You (low Yar Aesant. You an replan to lop yyeaaar accent by allirtp our Customer Rdatlorr Departmem. Vou mart dertroy your creth ard(sl end eceam access decks, anrxd all preauHedzed hNlirtg, and seep wring ytxx ectxxaH. If you do rte certcd presWerized billirtp ananpemtana, we uuill catdder rerxdpt of a drerge your sutterizaHOn to reopen your accent. Addtlatally, your accoun will rot be dosed tradrreYou~Wy all emouns you owe us Irrdudrrp: any due fee, owverlimilt fees, returned pe~~ ces~ ~rt advatxx lap and any eher tees aepeeed to your accouH. You are reaponaide mr tlese amarna whether they appear on you accent at the Hme you request to done the aanun or they arc irxxaretl aflue7ltertt to yWr rorirutrt LO tlop the aeertum. TNa may result m charge apparirq m your ecaxrrt eher wu hew your accaatt i1 it free already been drtsed. tar example, if you authorizM a puroheae from a merchem end we recdw the traruection from the merratant eher your accrxan has been dosed, your accotnt wNl be reopened, the ,moon of t7e derg. will x edeed to your aceoun, aM you will be reaPorWble mr paymem. If there is a mtsnberaNp tee for yea accaan, the fee will carcirue to be derged, to the extern permitted bV law, unit the accoun baance has been paid in NI n defined show. 7. lfaktp Yau AeearaR.Ywr raid a acaurt ,mot le used in casectlon with arty imerttrt gamding trerractiae. e. Nrttloa ACaR FJaabanie Otaok ('MlVftkllt. When you proNde a check as peymem, you ttuthod:e re ehher to use inMrmaHm from your deck mmake Bone-time electraac Iratd rooster from your hank erxxxrs or to process the paymers as a Mack tranpcdm. Y/hen we use Inlomatim tram your Meek to make an electraac iratd trcnsbr, tattle maV be withdrawn tram Your bank accoum p soon as the aerie ley we reteiw your paymem, and you will not recdw your Mack beck from your finandal irxnntxim. BILLING RaFTTS SUMMARY Iln Gp Of Erton Or 9uastiau Abau Your Biln If you think your bgl is wrap, or if you reed more information m s trarreecum or bill, write to rem e separate ,heel as soon as posaihle at the address for irtglirip shown m the find of thisyyaaa[alemera. We moat fimr blaa~ Mach robe atria urn rablem her we pm you tle p rptpeared. You an call our Curtamer Relrtiae number, brig ddrtp ao will not ^reaerw your ri¢tte. M your letter, give ra the idlowing tormetim your name and ecceun manber, Me ddler a ours of the awpected enor, a tlescripdon of Hte ertor and an expfanatlaL It po.diae, of why you believe there la error; or if you need mere information, a detcdpticn of the item you are repro ebaul. You do net haw t0 pay any amastt in quertlon wfale we are invertigerinp it, brit you are still obfiytetl to pay the pane o1 you hip trot are nut tTtestlon. WNIe we Inveatigrte your rlteatim, we ,mot report you es delirrgtent a uke any acdon to cdlea Mr. amrxmt you µeation. i,t Spetlal Rde For Credt Grtl Purchepe n yar nave a problem witn Me gn.lny of property or rvicea Hut You purdupd wiM a cretlh am and you have trietl in good fa1M to cerrem the problem with the merduM, you meY low the dgM nog to PaV the ranairang arnasd due m tle prapeny or prvicp. Ypu haw this S 0.00 ertd He ~ ~~°p Pnce wad mom tlun purchap wp made in ywr home one or widen 100 miles of your malting addrop. (I7 we own or operate the merrium, or if we mailed you tle adwniaemr:m mr the property or aervicp, all puroMaes arc covered rogerdep of amain or location of purcheee.) Please remember to sign all corresporMence. t foes not appl y to cauumer non-crsrkf card sccamzs i t7oes oar appty zo business iron-credr[ cW accoraHs Gpital One aupporta inormation pdvacY Praedion: see wr website et www.csyyitalae.com. GpiW One is a ferbrapy regirtared prvia mark at Gpnal One Rnarxial Corpomion. All dgMs reserved. 0 2003 Gpitd One OILGLSAK 1. How To Avoid A FN1oa Qtafga. ter. prsea Ferried. Yau will fuw a midmun grace period of 25 days withan flrterrce dierya new purdeep, row balance [ransfen, new ,pedal purchssea and new oMer large if you pay your total -New Balartce', in accordance wiM the knponam Notice for paynteme below, and in time for it to be credted by your neM statement doairtp date. There is ro grace period on cash advances and spedal treroiere. In add'rtian, there is ro gace pedal m sny rive-cdm if you do not pay the teal -New halarx:e.- 6. aeanrktp Finsrrw tarps. Trcrtsaalorre which are rot at6ject to a gran period are sapeaed finance large i l from the date of tle trertpcflan or 21 from tle data the trertpdim is processed to you Accent or 31 from the first calendar day of the Curran billing period. Addliorully, if you rid not pay the -New Balance- ham the Dreviws bNktg perod In fittl, flrtrtce durgea uxnNxe [o accrue to you unpaid balance trnN the utpsid balartce is paitl in ill. This men that you may still owe finarxxx duryp, even if you pay the enrire New balance iodated m the trortt of your rtrtemeM by the rexl rtatemen dodrq date, but did not do ao mr the previorae marsh. tlrpaid flrunce large are added ro He applicetle aepnrrn of your Arxatan. tc. NNFiraan Firanea Orq. For pM b7Nng period that your aceaart is aL)ect to a finance charge, s miramun tdel RNANCE CHANGE of 80.60 wNl be Imposed. If the tdsl firbrtce rdtarl)a reatJtirtg flan the applicstim of your periodic rate(s) is leas dun 50.60, we will stbtrca that amoum Iran the 90.50 midmun aM the diterertce will ce bNed to tie pumheee segment f ywr accent. td. Tarrpasry Radralion fn FirtesoOtrps. We rcxrw the pM to not apes any or all finance durgea br airy given b'Yirq ppeed~al. 2. Average OaaY BWtas IN+aktdkg Maw Ptrtsmpl. a. Fkertce tderge la alallatetl by multlplyinp the dally balance o1 eeM aegrnertt of Yoa accaatt le•4, rash atlverlce, purchep, apedd trervfer, and epadel (utrduael by the rrorreaporrdrrp daily periods ratelsl that free been previously dadosed to you. At tle end of esM Osy during the bilNrrg pedal, we apply the dally pedodc rate for esM sepnem of year sccdan m the ddlV balance o1 eeM ta;pnem. TMt at the end of the billing period, we add rp the reauln of tlese dsiy celrxdatima to arrive n your periods firurta durye for pM aeQrrere. We add uP the results from each aepnam to arrive at the tool periods flrbrtce charge mr your atxasn. To pet Hte tlslly Delarrce for pM ppnem m your accrraa, we take tle bepimirtp balance for eaM aegmem ertd add any rave [raruaaiau nd artype dads finerxx large aladated m Ute prcviaus day's balaree mr thrt eegmrrm. We then subtract any payments or eredts ptMetl as of thin ley Vat arc allocated to slut seprrtrxtt. TNa give us the separate daily balance for eeM aeprtrad of ywr acertran. However, it you geld the New Balance shown m your Dmviarm rteternern in full for ii your new balance wad zero or a crcdt amttunl, new trerwdiau vuhiM port to your purdup or special Glculrte taM eu~orage del y balance by sddirq a111ance~.ilWe belarxxn topetler and dvidng the dun by the number of the days in the curers bilNrtg cycle. Ta alrnsate your teal fiprtre charge, mrlliplyy your average daily lulance by the daily periods rcte and by He number of days in the blN penal. flue to ratrtdng m a daily bpi,, them may he ep Ai~tt variarxx between 1Ha alcdatlan arM the amtxan of finance duige ,dally aspeaetl. b. Ii the aide Z or N eppeaa on the (inn d this sutemem reM to -flelarrce Rate Applied To,' we mddply the 523045 Importers flotiaa: Paymenn you mall m us will be credted to your arxxxatt as of the brmrtep day veer receive h, provitled (11 you aeM tle mttom portion of Mis satemen and your check In the errAOeetl remittartce rmwlope and f2) ywr peymem is reedyed in cur ptaxasdrtp rxurter by 3 D.m. ET 1f 2 noon PT). Plpp allow at Iprt flw 15) brnkep days mr portal dellwry. Paymema tecdved by ru er anV eher Ixatim or in atw eher form may rte be cmdted as of He ley rue recdw them. Our huanep layer arc Monday Mrerr¢t Saturday, exdudrrp hdideya. Please do not me nape, paper tlips, etc. whin preparing your peymam. When you nerd a a deckle), you authorize us to make area-time dedrarac trarufer ddit from ywr bank accarrt for the amrwrn of the Mack. TNa atrthodzetim eppfip to all dtecka reserved tludrg the billing cycle awn if girt by saneae doe. If we canna procep the harefer, you arttlerize ue to make a Merge againrt your bank aaoutt using the deck, a paper drab or other 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 Q ~~ ~'1 `'plaintiff herein, that (TITLE) (COMP NY) 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# c C7 •v m +~ ~ ~ 00 to -C .: ~ . O .O , ~ t' O~~-; ~ < ~ D c n .-~ - .x O SHERIFF'S RETURN - REGULAR CASE NO: 2007-04479 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS ENGLEHART TIMM M WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ~'T~T("!T.FT-TART TTMM M the DEFENDANT at 1330:00 HOURS, on the 1st day of August 2007 at 283 CLARK STREET LEMOYNE, PA 17043 by handing to MARY GRUNDON (ADULT IN CHARGE) 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 15.36 Affidavit .00 Surcharge 10.00 ~~~~IO~ (Y~,., 00 43.36 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 08/02/2007 WELTMAN WEINBERG REIS Deputy Sheriff A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PF,NNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. TIMM M ENGLEHART Defendant No. 07-4479-CNIL TERM PRAECIPE FOR DEFAULT JUDGMENT 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 (41.2) 434-7955 WWR#05950625 Judgment Amount $ 1578.94 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS llEBT 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. 07-4479-CIVIL TERM TIMM. M ENGLEHART Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, TIMM M ENGLEHART above named, in the default of an Answer, in the amount of $1578.94 computed as follows: Amount claimed in Complaint $ 1,510.68 Interest from JULY 16, 2007 TO SEPTEMBER 20, 2007 at the legal interest rate of 24.990 % per annum $68.26 TOTAL $1578.94 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. M CZAN, ESQUIRE PA LD.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#05950625 Plaintiff s address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`'' Avenue, Pittsburgh, PA ] 5219 And that the last known address of the Defendant is: 283 CLARK ST LEMOYNE,PA 1.7043 < IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK ! l,1 j Plaintiff Case # ~~~ ~~ ~` f "~~" J~~ TIMM M ENGLEHART Defendant(s) IMPORTANT NOTICE TO: TIMM M ENGLEHART 283 CLARK ST LEMOYNE,PA 17043 Date of Notice: WWR#: 05950625 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 PATRICK THOMAS WOODMAN PA I.D. $#34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Case no: 07-4479-CIVIL TERM Plaintiff vs. TIMM M ENGLEHART Defendant NON-MILITARY AFFIDAVIT The undersigned, who first being du]y 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, TIMM M ENGLEHART 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, T1MM M ENGLEHART is not in the military service. Further Affiant sayeth naught. ~~ f (/y ~_~ AFFIANT SW N TO ANDS BSCRIBED in my presence this ~~~day _~ N TARP PUB IC ~,,; . ~ ~;;,~,~,_~ 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 SEP-20-2007 08:21:01 Last Name First/Middle Begin Date Active Duty Status Service/Agency ENGLEHART 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. N~rr~_ !».~,-.ate. 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 9/20/2007 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: ODSOQUUZXO https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 9/20/2007 -._i `! `' ~ n ~C .~,. t..~ ---a .-T! C~ ~ ~ C~: .-. ~ _ :_. .~r ~ ~~' ''~' c.~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK. Plaintiff vs. Civil Action No. 07-4479-CIVIL TERM T1MM M ENGLEHART Defendant NOTLCE OF JUDGMENT OR ORDER TO: ( )Plaintiff (xx) Defendant ( )Garnishee You are hereby notified that the following Order o Jud ment was entered against you on (xx) Assumpsit Judgment in the amount of $1.578.94 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: 5 K • a PROTHONOTARY (OR DEPUTI~~ TIMM M ENGLEHART 283 CLARK ST LEMOYNE,PA 17043 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