The URL can be used to link to this page

Home My WebLink About07-4558 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. AMY SCHWARTZBAUER Defendant COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05950761 C A Pit SGM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. AMY SCHWARTZBAUER Defendant Civil Action No D,- ~3`' ~ ~"`~ ~`~ 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: AMY SCHWARTZBAUER 307 FARMINGTON DR SHIPPENSBURG, PA 17257 3. Defendant applied for and received a credit card bearing the account number 5178052193109333 4. Defendant made use of said credit card and has a current balance due of $1436.30 as of July 19, 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 24.9908 per annum on the unpaid balance from July 19, 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 AMY SCHWARTZBAUER INDIVIDUALLY in the amount of $1436.30 with continuing interest thereon at the rate of 24.990% per annum from July 19, 2007 plus costs. v - James C Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 Se e th Avenue, Suite 2718 Pitts ur h, PA 15219 (412) 43 -7955 FAX: 41 -338-7130 059 07 C A Pit SGM This law firm is a debt collector att~pt}~ng to collect this debt for our client and any information obtain d ill be used for that purpose. l ~ ~ ~ First 3 months half-price .~ ~ 1 a monm; ~~tlJ E SIGN UP TODAIR ' 1-877-778-1207 Mention Offer Code: JADE Or visit www.peoplepc.corn/go/jade C4Lip/~d/I~}~° Account S Previous Balance 5790.03 Payments, Credits and Adjustments 5.00 Transactions E29.00 Finance Charges (16.94 New Balance 1835.97 Minimum Amount Due 5835.97 Payment Due Date September 13, 2004 Total Credit Line (325 Total Available Credit 1.00 Credit Line for Cash 1325 Available Credit for Cash f.00 003 peoplepc~ online u Abetter way to Internet. PeoP1ePC Online offers the features you would expect from higher-priced Intemet Service Providers at half price for the first 3 months! ® Email virus Protection t~ Pop-Up BlockerT"' Spam Controls Smart Dialer ~2+ Phisher Security Internet Call Waiting PLATINUM MASTERCARD ACCOUNT 5178-0521-9310-9333 JUL 14 -AUG 13, 2004 Page 1 of 1 Payments, Credits and Adjustments Transactions 1 13 AUG PAST DUE FEE 129.00 You were assessed a past due fee of 529.00 on 08/13/2004 because your minimum payment was not received by the due dale of 08/13/2004. To avoid this fee in the future, we recommend that you allow at least 7 business days for }roar payment to reach Capital One. At your service To caIl Cn:tomer Relations or to report a lost or stolen card: 1-800-903-3637 Send payments to: Send inquicia to: Attn: Remittana Processing Capital One Seviw Capitd One Servim P.O. Box 85147 P.O. Box 85015 Richmond, VA 23276 Ridimond, VA 23285-5015 EXHIBIT ~~„ ~rllanCe CI18Ige8 Plcarc ree reoerteside, for important in, formation f Balm ratr P~ Co.rragmding ~~~~ m gepludro raa .ffPPRR m m PURCHASES (742.63 .06847%P 24.99% 115.76 CASH (5555 .06847%P 24.99% 51.18 ANNUAL PERCENTAGE RATE applied this period 24.9996 • PLEASE RETURN PORTION BELOW WITH PAYMENT ~~~`~~~ 0000000 0 5178052193109333 13 0835970034210835975 Plrasr print mailing addru mLw r-mail rhmdo below suing b/ra e. black in.E New Balance E835.97 Mieumum Amount Due {835.97 Payment Due Date September 13, 2004 Total endosed i Aaoum Number. 5178-0521-9310-9333 Capital One Bank P.O. Box 85147 ~t~u~n~r~~~~~r~u~~~ Richmond, VA 23276 ~~~~s~u~~ru~s~~ur~r~~u~~ut~~ur~~suur~~~~n~~m~~u~r~ Sa«~ Apr. A Gty Sire ZIP Home Phone Alxmare Phone ~ #9022729001790756# MAIL ID NUMBER ~ AMY SCHWARTZBAUER ,ti ~ 308 SHEPHERD LN Q, SHIPPENSBURG PA 17257-2040 .-i ~ ° 1 ~m~~~ur~u~t~s~s~r~us~u~r~~~nu~u~~~m~~u~~n~u~u~~ r P/care writeyov attount number on your therk or monry ordn madepayab/e to Capitat Onc Bank and mail in the cnclwedenvelope 1. peoplepcra online U Abetter way to Internet. AMY SCHWARTZBAUER 308 SHEPHERD LN a1:1~ITED INTERNET ACCESS SIGNQUP TODAY! 1-877-778-1207 Mention Offer Code: JADE Or visit 7wWw.peoplepc.coMg~ade PeeplePC is coley esponsibe to this oBer, and is not afiliated with Capital One. Capital One does not provide, endorse a guarantee, and is not affiliated with, any product a service shown here. Any traderrmlks mentioned herein ere solely owned by the respective entity All rights reserved. By responding to this offer, you may be communicating information about yourseff to the canpany that provides this product - is example, that you are a Capital One clfstoll7er. 'PeoplePC Ovine: F'gst 3 montfls of service are billed at $4.97 a month; $9.95 a month thereafter. Offer available to rN1W diaEup subscribers at least 18 years of age and may not be redeemed with any other offer. Offer sutljed to change at any time. Phone technical support available for $1.95 per minute. Fa questions, call toll-free at 1-677-77&1207. Service nd availabe in all areas. Aa,~s fees, taxes, and other fees and restrictions may apply. Teleptlone tell charges may apply, even during trial periods. Yau are responsible fa determining whether a call to ate of our access numbers wiC revAt in telephone td( charges. Acoass may be limited, especially during times of peak usage. Dial-up numbers may be charged at PeapiePC's d'rsaetion. Continlaus use subject to timeout pracedues. Atl use is subject to PeoplePC Online's Services Agreement and Acceptable Use Policy 56K is the maximum speed of service; acWal speed may vary. ® 2006 PeoplePC Inc. AA Rights Reserved. PeoplePC Online and Rs logos are registered trademarks of PeoplePC in the U.S. and other coumries. ® 2OD6 Capital One Services, Inc. Capital One is a federeity registered service mark. AB rights reserved. S 0 O 0 m f cV ta. fAase Priori. Ya will lave a midmun grace period of 25 days without firtence riterge m rtew purdnaea, new balance frenatere, new apeciN purdreeea and new other Magw if you pay yar teal 'New Balance', in aceordertee with the Important Nonce for peymraus below, and in time for h to be aedted by your next natemem cloarrg data. There la ra 9nce period on cash advances ant apedel trarrron. In addtian, tftere is no Brace period on any irartwction it you do nor pay the total 'New Oalence.' D. AnrWrg FYtrne Chrpa. Tremectiw vetoer are rtm atrbiect tp a grace period are aaeeased finance drerge 11 from rite data of the tnnwMon or 21 from the tine the transaction is pracewed to your Accoun or 3) fran the fins celendsr dsy of ilte arrre billing period. Addtianlly, if you de not p+v the 'New Balance' from the previous aflkg period in fiH, finrtce cfurgea rxmNxle to accrue to your utpeld belertce ung de utpsid balance is paid in full. This meare that you ma rig owe firertce dtsrgea, even iF you pay the errtire New Balance ktdcated on ifr tree of your natemrn by the next natemerrc doanp tine, lea rid rxn do w for ttte previous mash. Unpaid finartce Merges are added to the appllraae sepnem of ywr Acewtt. t' c. aa:rkrarrn Ffnar.oe aurP. For vent baling period that yarn accoutt is arbject to a fstertce dege, a mirtimun teal FINANCE CHANGE of aO.6O will be imposed. Ii the trial flrunce Burge resWtkg bars fire applicatim of your periodc rate(s) is lase INn J0.5O, we will attblract roar amain from the J0.5O midmtm and tie dflerace will be biaetl fa the purchaw wpnem of your accexrt. j' d. Tenparry Radetim h Fi+rns Orga We reserve the do to not assess any or ell finance dtargea for any given 2. Away OsNy BWna Iktekrdaq Nara prdmwl. a. Rrnnce Berge fs ulWatetl by multlplNrg rite daily balance of eeM sepnern of your arx:arrt le.g., ceah advance, purcMw, apedN tramror, ante special purdeae) by fire cerresportdrg daily periodc stela) that Ms been previaMy dsclosed to you. At rite end of vent day during the baling perio4 wa apply the dsNy periodic rate for eeM aepmrxn of your eccaan to firs dally baance of eeM eegmem. Thin n the end of the billing period, we add up the reaulta of tfmse daily celarlatioru to ertive n r periodc firurtce durga for eeM segment. We add tp the resJts horn eeM wpneM to arrive n rite teal periodc finance Berge for your accent. To get rte dally balance ror eeM saQrtr:m of your actxtum, we cake the bepmrq balance ror eeM aepntxn and add arty raw trertaectiae end any pp¢¢chic finance charge celtxaeted m the previae day's balace for that sepnere. We then etAtract any paymeme or cred[s pored ae of that say that are allocated m that wgntem. TNe yve: uc tM separate daily balance for eeM aeQrrem pf yar octant. However, it you paid rite New Balsrxx shown m your previous natemrxrt in full for if your new belsrxx wee zero or a cretk amttrm), new vartsactiae whits post ro yar purchew or epxial purdnw aegrrrenKS are rat eddetl to the logy balances. We celClane the average dally Delarce by eddng all the dally balances tognler and dvidng the sun by the number of the days in the tarred bNlinp eyrie. To celcJate your final finance charge, multiplyy your avarsge daily belartce by the daily periodc rate and by the number of days in Ute billing period. Due to raxtdrg an a dsay basis, flare maybe a slight variance between tHS ulalatlan end the amorm of finance dupe actrelly aaeased. b. If Vte code Z or N appear m the ban of this nnemem next to 'Balance Rate Applied 70,' we mrltiply the periodic rate. To obtain the average tlaily balance for the billing periotl covered by tNa nnranan, we take the beginring balance of each segmem each day, add any new [renwctiona to each wgrrtrrn, and subtract any paymerms eredts. (It the code N appears m the frmt of this stetemem next to 'Balance lime Applied To,' we also aunract any upeid finance charge indrsfed in the balance of each aepnem.l TNs give ce the dally balance of uM segment. Then, vac acct tq all the dailyy belsncea for each wgmem ror rite bilflrg period and dvide by the total number of days kt the hlNirg period. This gives us the average tleily balance of cant aegmem. 3. Arrad Preraaga Rrea IAPRI. a. The term 'Areal Percaaage Rete' may appear as 'APR' on the inane of this aretemem. b. If tM code P IPrime), L 13ano. LIBOR). C ICertifiute of Dapoaitl, a S (Benkcerd Prime) appear on the frart of tNS netrmlertt ror to the pedodc raters), the periodic rates end cerrespadirq ANNUAL PERCENTAGE RATES may vary ttuartedy and may ircreaw or decreaw based on the anted irtdcea, as ioutd in The Wed Street Joemw/, plus tin merpn previady dadaaed ro you. Thaw dnnpea war ce effective m the first day of your blllinp period covered DY Var periodk natemrxn erring ' the month January, April, Jr1Y artd October. c If the code D iPrimel. F 11-mo. LIBOR) or G Gino. LIBOR Repriced MamNy) appeare an the bars of yar netemem rant to the pedodt rs[eW, the petlodc rates and ceneeportdirtg ANNUAL PERCENTAGE RATES may vary mrtrtday end may increase or decrease based on the need irtdcea, as foutd in TAe Wsd Sneer Journal, plus w~i margin provirxely dadoeed to ya. Thew charges II be effective m the firrt Bey n your billing Inriod eats marsh. a. Aaawrara of Lets, OvrNrrrR ant Rakanad P+YrrrrR Faw. Your atxxxm will be aseeswd rc more than two of tie fees linatl here that ear during any 6iNing period. Under the terms of your cunomer agreemem, we reserve the rigm to waive or not to eeww any fees wither prior notification to ya without waiving ar right to eawss the wine ar rmilar teen at a later rime. 5.tRrtwrkp Yau Aeernt. If a membentip fee appear m tin front of this natemerrt, you have 30 dap from the date thin netemaH wee msibd to ya to avoid paying the fee or to have au3t fw credited to you if ya certcel your actxnae. Wring this period, you may comirxe to nee yar actxxatt uAiftotn having ro pay the memberefap fee. To cancel yar acctaae, you mrnn notify ce by calling ar Cwtomer Relations Departmem and pay yax 'New Balance' in hll lexdtxing the IreraNp fee) prior m tin end of the mrty-dav period. 8. If You Goae Yau AoeaM. ya cen regrren to tloae yar seatun by calling ar Cunama Rdatipre Departmem. Va inter destroy yar credt cerdls) end arxasn arxess t3tecks, cancel ell prearrdtorized billing, artd ceaw using yar attain. If you do rtot cancel prwrnfarizee billing arrartgamaee, we will comider receipt oT a Merge your aWtoriznion to reopen your acetxee. Addmwlly, your attain wig not be dosed until ya pay all smounts ya owe us irxipdrg: any tranwctims you have autlwrized, finance charges, pan due fees, ovedimh fees, rnumed paymerrt fees, cash advance fees and any aher tees aweewd to yar BCC0Ue. VOU are reepareidB rof tfteae amerce Uetetfler They appear art your BCC0IrlI at the lima ya regleat 10 clove rite arxoue or flay are incurred nbeaquere to your regrren to dove the accent. TNa may reedt in charges appearing at your BCCIXrIt efrer you have your aceorrn i1 it has already been dwetl. far example, if you auetorizetl a Wrcheae fran a mercham and we ve firs [rartwttion from the merdnm after your eco~rtm hoe been daaeQ your account will be reopened, the amour n firs charge will be added to your aceaxn, and you will be reaponalae for peymem. If tfnre is a embaship fee for your accent, the fee will caninue to be charged, to the extern permitted by law, urNl the actxxnt balance free beat paitl in full ae defined above. 7. UeFrp Yw Aesoua.Var cerd or aceaan cannot be uses in rxxnecum with any inerrtn gambling tramemian. 8. Notiw Abel Elaoberaa Chaok Convracn. Winn you provide a dteck w peymem, you auhorize re either m use inrormnion from your check to make cone-time electratic find trareror from you bank accaee or to procew ttte paymera as a Greek transacaon. Wirers we use Inrormatim from yar Mxk to make an electrorac ford trensror, fordo may rte withaawn from ywr bank aceam ea soon es tin name day vre recnve your paymem, and yw will rot receive your deck beck from yar finandal inetitrrtron. BILLING RIGFfiS SUMMARY Iln Caw Of Errors Or Ouestiarr Abou Your Bi1R It you think your hill is wrong, or if you reed more inromrmicn on a trattwdian or bill, write to ue on e separate afmn as soon ac potable n tie addreca for inqunes shown m the irartt of this sutemtee. We must freer from ya rq Iner than 60 days after tole ae111 you t1n fiat rill on whits the error or pobem appeared. Ya can ceN our Getacer Berries number, Mrs doing so will rot Prewrve your rights. In your lever, give us the fdlowing mromtatran: your rums and accaett rxmber, the ddlar amoum of the suspected error, a eercdption of rite anon and an explenedm, ii posdde, of why you Degeve tftere Is an anon; or if you need more inronnetion, a deecriptim of rite item you ere wore about. Ya eo not have to pay any amain in question while we are invenigaYVg it, btn you are nMl obegstetl ro pay fin pane o1 yar bill ton are mt question. Wlare eve inveaagne your grnsdon, sue cerrnt report you ea eeNrtquartl a take any salon ro cdlect the amaM you gcenim. I,t Spedel RJe for Creel[ Gard Purhaws If ya have s problem wits tin quality of property or wrvices that you purdnaetl wits a credt certl ant you love trietl in goad taRh to correct the Problem who ttte merchem, ya maY have the right not to peY [rte remaining amour due on ttn property ar wrvicea. Va nave this protection aey wlnn ate purchaw grit was more then 450.00 and the purchaw was made in yar hone Hate or within 100 miles of your mailing addnea. Ili we own or operate firs merchem, or if vve mallee you the advartiaemrxe for the progeny or services, ell purdeaes are cevared regardeas of amrxatt a Itcetion of purchase.) Please remember to sign all coneaportdence. t Does nor appiy ro consumer inn-credit card accpunrs i Does nor appty to business oar-credrr card accocn[s Capital One supports inrormatipn privacy protection: we our webaife at www.ce alone.rxlm. Capinl One is a ro rally reginered wrvice mark of Capital Ore Fnancial Corpornion. All rights reserved. a 2003 Capital Ore O7 LGLBAK 31931 M IrtportarR Nesiee: Paymems ya mail to w will ce credited to your rr,xwratt es oT the buprtess day we receive h, provided 111 you acrd tin bosom poroon of tae natemae and your check in tie erciowtl remmartce envelope and 12) your peymem Is receivoe in our Drocesaing timer by 3 D.m. ET (12 rein PT). Please allow at lean flue 151 bunrtea days for portal dnlvery. Peymema received by us at any enter la:edpn or in any enter form may rwt be credted as of firs day we receive them. Our dsnesa days are Montley through Saturday, extludng hdideys. Pleew do rat use neplw, paper dips nc. vMdt prepenrg Totrr paymem. When ya sand ua a dtxkls), ya authorize ua to make cone-time electronic trenaror debit from your bank eccrwru for the emoue of the deck'Ttae auMriznlon epgiw to eN checks received outing the biNinp cycle even if rrem by wmeen rive. If we cerxwt proce» the treroter, you auenrize ua m make a charge egeirtn your bank accoum u,arg the deck, a paper drab or otfter item. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 IPA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is ~~ ~-~Ci `~-'I~~ ~~ (NAME) -~"" of ~P~ ~~° ~ `'``~ ~~~'~ ,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. (SIGNATURE WWR# ~ ~v'-I C') C o ~, O ~ ~' O ~ y :, ~ ~ ~ r~ ' y'^ < t~~ ~ 'C~ fly ( ~ -x- r ,..... _p ~' 'rte l~:J "'~^ ~ ~ L ~ ~ '.../ "'~ C SHERIFF'S RETURN - REGULAR CASE N0: 2007-04558 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS SCHWARTZBAUER AMY 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 envr,~n~m~nnrr~p nturv the DEFENDANT at 1302:00 HOURS, on the 16th day of August 2007 at 307 FARMINGTON DRIVE SHIPPENSBURG, PA 17257 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 38.40 Affidavit .00 Surcharge 10.00 .00 Y~a,.Y/61 ~.. T 6 6.4 0 Sworn and Subscibed to before me this day of , So Answers: ~,~~~~ R. Thomas Kline 08/20/2007 WELTMAN WEINBERG R S By: D put Sheriff A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. AMY SCHWARTZBAUER Defendant No. 07-4558-CIVIL 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 (412) 434-7955 WWR#5950761 Judgment Amount $ 1,525.48 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. 07-4558-CIVIL TERM AMY SCHWARTZBAUER Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, AMY SCHWARTZBAUER above named, in the default of an Answer, in the amount of $1,525.48 computed as follows: Amount claimed in Complaint $1,436.30 Interest from JULY 19, 2007 TO OCTOBER 18, 2007 at the legal interest rate of 24.99°lo per annum $89.18 TOTAL $1,525.48 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 I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5950761 Plaintiff s address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA ] 5219 And that the last known address of the Defendant is: 307 FARMINGTON DR SHIPPENSBURG,PA 17257 w IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. Civil Action No. 07-4558-CIVIL TERM AMY SCHWARTZBAUER Defendant NOTICE OF JUDGMENT OR ORDER TO: ( )Plaintiff (xx) Defendant ( )Garnishee You are hereby notified that the following Order or Judgment was entered against you on ~, O~OJ' (xx) Assumpsit Judgment in the amount of $1,525.48 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' 1 ~ PR ONOTARY (OR DEPUTY) AMY SCHWARTZBAUER 307 FARMINGTON DR SHIPPENSBURG,PA 17257 Plaintiff's 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 COMMON PLEAS COURT OF CUMBERLAND COUNTY, :PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. AMY SCHWARTZBAUER Defendant Case no: 07-4558-CIVIL TERM NON-MILITARY AFFIDAVIT The undersigned, who first being duly sworn, according to law, deposes and states as follows: That heJshe 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, AMY SCHWARTZBAUER 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, AMY SCHWARTZBAUER is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN~_TQ AND SUBSCRIBED in my presence thisZ3 day of c~-t~l,~ •7~~ C~,~~~n. -~,' - 'R_~ISYLvn~t~n ...... ~, ~ l _ ,..r.. •., .-.ht NO RY PUB C rY", ~" ,` .` , ' ..~~ ~ ~ ,r rte' or F ~,,, ~; ~, ~. ~ . ~ i -~~~•- es ~~ ~-.'eaasalvania Assay N` 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 OCT-18-2007 13:04:35 '~. Last Name First/Middle Begin Date Active Duty Status Service/Agency SCHWARTZBAUER AMY 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. §§ 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 de#ense mk.m_ it/faq/pis/PC09SLDR.htm1 WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scralowa/scra.prc_Select 10/18/2007 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: YOJDJQZXAZ https://www.dmdc.osd.mil/scra/owa/scra.prc_Select l 0/18/2007 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Case #~~`~IS'~i8-C1U1LTt~Y`'~ AMY SCHWARTZBAUER Defendant(s) IMPORTANT NOTICE TO: AMY SCHWARTZBAUER 307 FARMINGTON DR SHIPPENSBURG,PA 17257pp%, Date of Notice : ,~ ~ 1 V + ~ _ WWR#: 05950761 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 ~g~_~ PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BLDG; 436 7TH AVE. PITTSBURGH, PA 15219 ~-- ~ w' ~'' Ja~, ! ~ .,, b w ~ ra CJ y~ Jr 1^^:~ ~ ~, ~.~-~ ""~~~ "[±i e a ~ S~ C! ~ r° ! ) ~ ~ t . ~ .'S _ 9 _ f 4"..; ` r y ~ ~ ~! ~. {~ ^~ ~, ~ +"~. :.;