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Home My WebLink About07-5021 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintif f No : p''l - ~Oa ~ CiVi ( ~L°rn~ vs. LEE A LINN 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 05964577 C N Pit SJS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No LEE A LINN 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 140 EAST SHORE DR GLEN ALLEN VA 23059 . 2. Defendant is adult individual(s) residing at the address listed below: LEE A LINN 19 CHEROKEE DR SHIPPENSBURG, PA 17257 3. Defendant applied for and received a credit card bearing the account number 5178052223023439 . 4. Defendant made use of said credit card and has a current balance due of $1989.79 as of July 20, 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 27.740% per annum on the unpaid balance from July 20, 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 LEE A LINN INDIVIDUALLY in the amount of $1989.79 with continuing interest thereon at the rate of 27.740 per annum from July 20, 2007 plus costs. James Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 ev nth Avenue, Suite 2718 Pit sbu gh, PA 15219 (4 ) 4 4-7955 F 41 -338-7130 0 9645 7 C N Pit SJS This law firm is a debt collector aempt/ing to collect this debt for our client and any information obta ed ill be used for that purpose. peoplepcrM online u Abetter way to Internet. ~~ Surf uP to • 5x fasterf~tt,, ~ .• '~ FREE Accelerator for n,e rest 12rraonfhst-e fyp vsNiel 1-888-587-9669 .` Mention Offer Code: DOLLAR •~ Vsft www.peoplepc.com/go/dollar oro UNLIMITED INTERNET ACCESS PeoplePC Online offers the features you would expect from higher-priced Internet Service Providers, including: ® Virus Protection powered by symanteo'*" ® Pop-Up BlockerT"" `~ Spam Controls e~ Smarter Smart Dialer Technology ®~ More Email Addresses ®~ Internet Call Waiting CapitallQy~• Account S Prenous Balance 51,310.80 Payments, Credits and Adjustments ;.00 Transactions ;35.00 Finance Chazges 13022 New Balance 11,376.02 Minimum Amount Due f1,376.D2 Payment Due Date January 09, 2006 Total Credit Line ;1,000 Total Available Credit ;,00 Credit Line for Cash ;1,000 Available Credit for Cash ;,00 At your service To Bill Customer Relations or to report • tort or stolen «rd: 1-800-903-3637 For free online account swi« and spend automer offer, log on to: www.npitabnemm Send paymmu to: Send inquiries to: Attn: Remitmn« Prxesing Capitil One Bank Capital One P.O. Box 790216 P.O. Box 30285 St Louis, MO 63179-0216 SLC, UT 64130-0285 Important Atxount Information lt's Capital One Bow] week time again! Tune into ESPN and ESPN2 starting on December 20 Eor the best in post-season college football action to see your favorite teams fight for bowl championships. And on January 2 a[ 1 pm (ET), be sure to tune in to ABC to watch the Capital One Bowl live from Orlando, Florida? 8 m PLATINUM MASTERCARD ACCOUNT 5178-0522-2302-3439 NOV 10 -DEC 09, 2005 Page 1 of i Payments, Credits and Adjustments Transactions 09 DEC PAST DUE FEE 135.00 As a valued Capital One customer, you aze 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 transactions during the calendar year. Please cab 1-877-794-4487 before January 31, 2006, to reserve your copy for this account. Orders will be mailed out by the end of February 2006. We appreciate your business and you deserve great benefits. We'd like you to know that your Platinum rsd benefits have been updated. For details, visit www.rapitatone.com/aeditcards and tlidc on the Guide to Benefits link. Thanks for choosing Capital One. You were assessed a past due fee of 535.00 on 12/09/2005 because your minimum payment was not received by the due daze of 12/09!2005. To avoid this fee in the future, we recommend that you allow at least 7 business days for yotu payment to reach Capital One. EXHIg~T l ~manCe ChBtg~ Pteare tee reverrclyde for important in, fmrnation Ba! rrraer Prs;odr Cwrr:poadin8 ~li~ pplirdra ,ter PURCHASES (1,325.34 .0760096P 27.74% (30.22 CASH f.00 .0760096P 27.74% f.00 ANNUAL PERCEN'T'AGE RATE applied this period • PLEASE RETURN PORTION BELOW WITH PAYMENT ~One~ 0000000 0 5178052223023439 09 1376020020001376020 New BaLmce 51.376.02 Minimum Amount Due (1,376.02 Payment Due Date January 09, 2006 Total enclosed ; Accoatst Number. 5178.0522-2302-3439 Pleauprint mailire8 ad~s<msdar-mailrltm~go brl n.in881 or bl .F nvk 27.7496 sneer Apc a Gry Spm ZIP Home Phone Alternate Phone ~ #9034409490009143# MAIL ID INMBER Capital One Bank ~ LEE A LINK P.O. BOx 790216 ~t~st~~~tst~~tst~t~ts~ o 10364 PSSM HOLLOW RD St. Louis, MO 63179-0216 ~ ~ SHIPPENSBURG PA 17257-9230 ~ _ ~t~~un~~uu~~~ns~~t~u~~nut~t~ut~~s~~snu~~t~~u~n~t~ ° m Pftase rtnitsyour amount number on yow rhuk or money order madepayabte to Capita! 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Ap rights reserved. °o O N I o ~ rn~l o mN Kr,wc ,err ~ average Derry Darerce for the billing period covered by tNa natamem, we take the bepimirg belerce of each aegntnn each day, add any new trerractiaa to eM aegmrrm, and arrbtrect anY paymems or crerlhs. (If the rode N appears m the from of this nnemem nee to 'Bal~ce Rate Applied To,' we also subtract any unpaid finance drarpe indtrtled in [he bakrce of eaDh aegn~e:m.) Thia gives us the daily balerce of each aegmurr. Then, we add up ell the tlallyy balances for each xl)mrrm for the billing period and 6virle by the foal nunrher of Myer in Me 6tllirg period. TNS giros a the avenge dally Dslarce of eaM egmerrt. 3. AtauN PsrrHrsgs Bala IAPIiI. a. The term 'Anrsul Porrxmape Rne' may appear ea APR' on the from of floe arotemem. b. It the rxMa P (Prime), L 13-mo. LIBORI. C ICertificne of DepoeiU, or S (Benkcerd Prime) appear pn ore frtrm of tNa natemem next to the periodic ratelsl, the ladodc rota and rorrepwding ANNUAL PERCENTAGE RATES may very quartedy ant may increase or decrease based the Hated fringes, ere found in The Wn/ Stnx! Jouru/, pia the margin previadY dxloxd to yw. Tlax [Irargea will he eiteMve m Vte fire tlay of you blllirg period wvered by your padorpc natemrxn eMng in the mamba January, April, JWY and October. c. If the rode D (Prime), F 11-mo. LIBORI or G 13irto. LIBOR Repriced Mandpy) appeau m the from of your nnemem next to the psdodic carets), tM periodic rata ant rerraponarrg ANNUAL PERCENTAGE RATE may vary montNy antl may Ineroax or Mcrae based m the Hated irrdicea, as land in The Wed Sbeet JoranN, pus the margin prcNouNY dadoxd to you. These charges will be effective m the fire My of ywr 6ilfirg period each mash. 4. Assamrars of Lara, Ovarlkn[ axed Raa+Mtl Paymam Faa. Your accent will De assessed m more Man two of [he fees lined here that orxur aurirg any blpirg period. Under MB lama of your wnomer agreemern, vve reserve ore right to rim to asses any tea wiMrxn prior notlficatian ro you without waiving our right to esaen Me same or Nmilar tees at a later time. 5.'rRsrwwktp Ytsr Acautl. If a memberehip ice appears on the hart o1 Mier natemerrt, you lave 30 Myer iron the one this arotrsnent wee mated to yw to veld paying the to or to have arnh tae ereatetl to yw if~ ~raN~ r accent. pyng Wa period, you ma your eccorrrc w1IMw luWrg to pay ttre memberNip fee. To carrcN your accoun, you nun entity a by callirq our Cuatamer Reletiana Depenmern sM pay your 'New Balerrce' in fill lexclurirg the memberrrNp Seel Prior to the acrd o1 the thirty-day period. 8. If You lioaa tar AoxuR. Yw Can requen to lox your acctxw by calllrq our Groaner RNadan Departmanl. You moat tlenroV Ywr credt cam(s) end section eccea decks, cancel all pmaudarized bilfirg, and ceax uNrq your ecrxaatt. Ii you do rat carcN preatMorized billing arranperrarts, vra will conNMr reeNpt of a charge your authorization to reopen your arxroun. AdddaullY. blur acrxxnt wig rot be tloaed unit yw Pay all amourna yw owe ua irxiupng: any tranaMaa you have authorized, firurx;e charges, pan due fees, ovedimit ha, returned paymern fees, cash aMarrce tea and any other tea aeeaed to your eCCDUIIt. Yw ate respomide 1Dr ttreee amputtf Whether tray appear m your accrxan at the time you retpan to dose the arxusrt err [trey ere irxarrretl sMxprem to your request to Uox the accorrtt. Trio may rpdt in durgp appeerin0 on vour accoun aher you have your accarrt n rt vas already been ctosed. For example, if yw aut/arizetl a purchax trap a merdam end vVe receive the trermcnon from the merdarn aher your accous has been dosed, your acrxxast will be reopened, the amoum of the large will M added to your accrurn, antl you will he reaponNlse for paymrrm. If there Is e membertddP ice for your aceorrm, the fee will corpirxre to he clarxd, [a the extern permitted by law, unit the aceram h area has been peitl in lull as Mfired above. 7. llakq Ytar Aeetsss.Vwr cam or acraran came be aetl in carrlectiar with any imemet IPlmdirg trartactiaa. 8. Notice AbaA ENahaic Orok Carrvrsion. When you proviM a dmck as Daymem, yw eahorize a either to use infoennion horn you oracle to make eons-time Nectraic fold transfer from your bank arxxxas or to procea the payment as a Mack trenactim. When we ux Infomration from your rdack to make an electrode fold trarafa, tuv6 may be withdrawn horn ywr bank erxourt as soon ea the acme MY vre roadve ywr paymem, arts you will not receive your stack beck iron ywr finarxial im[inrtion. BILLING RKIHTS SUMMARY Iln Case Of Errors Or Otrrrniarn About Your Bili If you Mink ywr bill ie wrtxrg, or if you need more imonnetim on a (ranaMan or bill, write to ua on a aeparrie Nreet as soon as possible at tM address for irquda shown m the craw of this satemem. We must bar from you m later than BO Myer aher vve scam you tla fin bat on which the error or problem appeared. Vw can cap our l3utamer RNetiau number, but ddrg x wig rim 'pri ~rve~ r rigma. In Your letter, give a tfa Mlowing your name arxf eccourn reanbar, Me doter amtsas of the wsPeaetl error, a tleuription of the error antl an nplanedm, Ii p[aNde, of why you bepeve there la an Brmr; or it you need more information, a deacriptim of the item yw are uurrrc ebou. Yw tlo rat lave to pay any marrn in gtrenion vNrile wa are invtutigning h, Mrt yw re nsl abagstatl ro pay the pens of you fall flat are not a grreation. WNIe vve investigate your quenion, we cams report yw a dNirrtprern or take any salon to collect the amount you quenim. i.'r Spetlal Rde for Credit Cam Purchases; If you have a problem with the quality of progeny err service oat you purMaxd With a credit cam and yw have toed In grotl fN[h to correct the problem vvith the merdsem, you mat lava the right rat to pay the ramaiNng amour tlue an the prgartY or aBrvica. Yw have fNa prmecdan oNy when der purdrax price wee more then 350.00 and the purdux was made in your home Hate or within 100 miles of your maiprq adores. (1/ we own or operne the merMam, or if we mailed you the advertisrrmern for tla progeny or xrvicea, NI purchase are covered rogardeas of amoum a lacetim of purdux.l Pleax remember [o sign all correspondence. t does rrot epy/Y fi ronsrrmer non-credit ceN accorm[s i DDes not apply to busasess noncre~d card scrnusts Capital One supports information privecY Protection: see wr webshe at www.capselaa.cam, Capital One ie a faderelly eginered xrvice mark of Capital One Fnercial Corporation. All ri~ea reserved. 0 2003 Capital One 01 LGLIIAK Ta. ores Period, Yw will have a midmun grace period of 25 days witharl finance dprge a1 new Ixxrdasea, new balance trarmfere, new apsdal purdlaaes ant new aher charges if you pay yax taN 'New Balance', in accordance wits the Imponam Notice fir peymasa below, M in time far n to fb cradled by ywr next nnemern doNrg date. There ie rq prere pedotl on cash advarrrea and special trerafere. In addition, there is no grare period m wry trartaction if you M not pay the tool 'New balarrre.' 0. Aoaukrp Flnaaa G7ur0a. Trensectims wNM are rim atAject to a grace period are aaeaed finance charge 1) from the Mte of the traruaction or 21 fran the Mte the tranaction is proceaed to you Accourn or 3) from Me fire calendar My of the wrrem billing period. Additionally, 'f you tlitl rat pay the 'New Belarce' Iran the previous oiling prwlod in iuN, finance Burge rorstlrue to scene to your unpaid balance unit the unpaid helarrce ie paid in hell. This mere that you may Hill owe finaryx durgea, even if you pay the emirs New Balance indicned m the frorst of your nnemrrnt by the next neterrren doNrg date, but ditl rat do w for the previaua marth. Unpaid firarce carge are added m the appllwda xPnart of your Accormt. t c. Minknun~ OhaW. For eaM 6tlprg period that auhject to a finance charge, a minimum teal FINANCE CHARGE o1 50.50 will be imposed. If the total flnarae charge rearhkrp fran the application of yyoouu periatlic relate) is lea tNn 30.50, we will subtract thatr amorrm ham ore 30.50 miNmun and rla dftereme will be biped m the purMase aegmerrt of your atx:tum. t d. Tarrporary RaduNion in Fiatoa grange. We reserve the to rat aaaen any or NI finance charges for any given 6i kq period. 2. s. Fk e~ Wrga is wlWa~ bV m~uldW draasl-Mlly halarxx of eaM setFrrern of your acearn (e.p., cash dvarsro, purMax, apedel trarrter, and special purdux) by the rorreaporrdirsg MNy periodic rate(s) that here been previoraly tliacloaed [o you. At the eM of ant MY during the offing period, we apply the Mily periodic rate for each aepnem of your accent to tfa tlNly balance of eaM sapnem. Tian et the end of the 6tlhrg periotl, we add tp the needle of flax Mily calWationa to arrive n your periodic finarce Burge for eaM sagmrss. We add up the reupta iron eaM agmrxn to arrive at the teal periodc finance charge tar your accost. To gat the Mlly belarce for eaM aepnent of your accoun, we take the beginNng helartce for eaM Setlmern and add any new trartactiarre eM erry periodc fsarxx drorge calatlated on the previous Myer balance for tfut xl#nrsrtt. We tnerr atbtract any peymterss or cradle posted as of Mat My Mat are allocated to that segnem. TNS gives rrs the separate Mily belarce far eaM xpnem of your aceoum. However, iT you paid ore New Bala shown on ywr previous natement in fipl (or f your new balerae wee zero or a crcdt amour), new treraacttar whits poet m your purMax or epedal purchex sr!gmems are rat atltlad to der Mpy balances. We calcJate the average Mlly balance by atNrp all the Mily balances together and dvidrg the sum 6y the number of the Mya in the wrrrxrc Nlfirg cycle. To calcrpate your toiN ficarrce charge, mrnipl your average Mily balance by the Milt' pBfIDdD rata and ~y Me number Dr Mys in der slung period. Due to routdng an a Mpy bees, there may De a Nigro variance bnwean Ws calasetlm ant the amour Of finance oarge a tuNly assessed. b. Ii der code Z or N appears on Bra from of this atetemem rent to "Balance Nate Apdied To,' we mdtidv the online way to Internet. 'n~u~ido~aetl remittyance anv~,al map to ua will be credited to your arrnrnt as of tM buNnesa My we receive n, provitled (11 you arntl Me 6onom portion of tNS natemem antl ywr check Paymema received b oPB ant 12) your Peymem Ire recNVxtl In wr procesNnp caner W 3 p.m. ET (12 non PT). Pleex allow n lean flue (5) buNraa tlaya for postal delivery. Plesae do not use rte ua et any other location or m any aher Corm may nn be creditatl es of ells My vox rocdve them. Our brsnea Myer am Maxley Mrargh Saturday, exUuprp hdkleys. ills paper dips, rte when preparing your peymrm. When yw xM us a dack(al, you eudarize ua to make cone-rime dectravc trararter debit from ywr hank atxwm for the ampurt of the dsxk. TNS ruhorization applies to rep decks received during the filling cycle even if xn[ by aameone elx. If we cannot procea the trerefer, you authorize us to make a charge agairat your bank account uairg the clack, a paper drab or aher item. VERIFICATION CAPITAL ONE BANK vs LINK, LEE A The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities, that he/she is, MAISHA DAMS, Authorized Agent, of CAPITAL ONE BANK, 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. MAISHA DAMS No lic T[a.y iuyla Naq[y pubic Gwiwtelt Couugr. Cieesi~ Oommissia~ F.xpiros S1pt 18td ZOtO 5178052223023439 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. ~ ~ ~ # - _~ n ..p ~ _ --~ J. _,..~ ~ ~ r:i,_ h ~ o o ~ -~, -e ,' P .. e~.-4t .. ' -"j ? .. CJ :7 .~" =-'K t,, ... PNu,r,"~ rrx,.. SHERIFF'S RETURN - REGULAR CASE NO: 2007-05021 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS LINN LEE A CPL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE LINN LEE A DEFENDANT was served upon the at 1300:00 HOURS, on the 23rd day of August 2007 at 19 CHEROKEE DRIVE SHIPPENSBURG, PA 17257 JOHN BROWNAWELL by handing to (ADULT IN CHARGE) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge t,~,~~o? 18.00 15.36 .00 10.00 .00 43.36 Sworn and Subscibed to before me this day of , So Answers: ~.i~ /• R. Thomas Kline 08/24/2007 WELTMAN WEINBER E By: De uty Sheriff A.D. ,~ . IN THE COURT OF COMMON :PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. LEE A LINN Defendant No.: 07-5021 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#05964577 Judgment Amount $ 2124.38 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. LEE A LINN Defendant TO THE PROTHONOTARY: Civil Action No.: 07-5021 C[VIL TERM PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, LEE A LINN above named, in the default of an Answer, in the amount of $2124.38 computed as follows: Amount claimed in Complaint $1989.79 Interest from JULY 20, 2007 to OCTOBER 17, 2007 at the legal. interest rate of 27.740% per annum $134.59 TOTAL $2124.38 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. MOL AN, ESQUIRE PA LD.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (4 ] 2) 434-7955 W WR#05964577 Plaintiff s address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 19 CHEROKEE DR SHIPPENSBURG;PA 17257 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff LEE A LINN Defendant(s) IMPORTANT NOTICE TO: LEE A LINN 19 CHEROKEE DR SHIPPENSBURG,PA 17257 Date of Notice : ~ ~ `~ ~ "' ~~ WWR#: 05964577 Case # ('')~} -SC>~~ C'~1/1L ?L 12 w1 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 Plaintiff vs. LEE A LIMN Defendant Case no:: 07-5021 CIVIL TERM NON-MILITARY AFFIDAVIT The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' 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, LEE A LINN 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, LEE A L1NN is not in the military service. Further Affiant sayeth naught. r!~ '~ AFFIANT ` ~~ , `.t"'_ SWO N TO AND SU SCR. E my presence this ~ day of . ~~~' -~, ~ ,~ Vt1N~f NOT PUBL ~ ~~ ~` ~ ~~~-~-^' ~~^ 1'o C ~ ~~~ 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 Page 1 of 2 Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act OCT-17-2007 06:01:06 Last Name First/Middle Begin Date Active Duty Status Service/Agency LINK 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: htt~///www.defenselink.mil/f~pis/PC09SLDR.htm1 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 10/17/2007 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:XSETLTBEMS https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 10/17/2007 S Q, -.r.~ } ,,.. ! 7 _. _ ' • C.,? _ -3 _7J ~..: -.~ ~. , 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. LEE A LIMN Defendant Civil Action No.: 07-5021 CIVIL TERM 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 (xx) Assumpsit Judgment in the amount of $2124.38 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 ~ /C, ~U~ PRO H NOTARY (AR-~l~Pi~~) ~~ LEE A LINN 19 CHEROKEE 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