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HomeMy WebLinkAbout07-5524 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. HEATHER L ROBERTS Defendant NO : &7 --156-R4 0,10 0 ( ferm 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 05904708 C N Pit DKB r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No HEATHER L ROBERTS 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 r 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: HEATHER L ROBERTS 17 DARTMOUTH CT MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card bearing the account number 5291072296875392 . 4. Defendant made use of said credit card and has a current balance due of $1748.46 , as of August 21, 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 August 21, 2007 . A copy of Plaintiff's STATMENT is attached hereto, marked as Exhibit "1" and made a part hereof. r 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 , HEATHER L ROBERTS , INDIVIDUALLY , in the amount of $1748.46 with continuing interest thereon at the rate of 25.900% per annum from August 21, 2007 plus costs. James rmbrodt,42524 WEL W INBERG & REIS CO., L.P.A. 436 S vent Avenue, Suite 2718 Pitt burg , PA 15219 {41 ) 434 7955 F 412 338-7130 05 0470 C N Pit DKB This law firm is a debt collector attjmp?Ang to collect this debt for our client and any information obtairied ill be used for that purpose. Fr peoplepc- online u A better way to Internet. Sx i asi? wwo 0 tr! SW up to FREE ACW1Sn for for M1e list f2tnontlwt-a $BO ra61N maw& i -888-587-9669 ention Offer Code: DIAMOND visit it www.peoplepc.com/go/diamond UNLIMITED INTERNET ACCESS PeoplePC Online offers the features you would expect from higher-priced Internet Service Providers, Including: 19 Virus Protection powered by symantecuf ® Pop-Up Blocker"m Spam controls ® Smarter Smart Dialer Technology ®? More Email Addresses ®( Internet Call Waiting C? 1 ow" Account Previous Balance $1,169.65 Payments, Credits and AdjustmeMS $.00 Transactions $35.00 Finance Charges $26.01 PLATINUM MASTERCARD ACCOUNT 5291-0722-9687-5392 DEC 05, 2005 -JAN 04, 2006 Page 1 of 1 Payments, Credits and Adjustments Transactions 04 JAN PAST DUE FEE $35.00 New Balance $1,230.66 Your request to dose your account has been received. Your amount will be dosed when it reaches a $0 balance. Minimum Amount Due $1230.66 Until then, you will continue to receive statements and must continue to make payments. All terms and Payment Due Date February 04, 2006 conditions of the account will apply while a balance remains. Plate remember to cut your ends and cancel all charges which automatically bill to your account. Total Credit Line $700 Total Available Credit $.00 This account's Non-Introductory Rates as of 12/20105 we purchase A.P.R. =15.90%, cash Credit Line for Cash $700 advance A.P.R. =19.80% and special transfer A.P.R. -14.90%. If the A.P.R. is followed Available Credit for Cash $.00 by "V,' then your corresponding A.P.R. is a variable rate. our service A At You because due fee of $35. not es h d s e T a fee y by e of 01/04/2006. o void this in the fimrp, we recommend that you ue at To call Q.W- R"- or to report a lost ..w-ard: allow at least 7 business days for your payment to reach Capital One. 1-800-608-5227 For free online acmu„t savior and.puvl aarolna offs., log on to www.apitalotkeom Sad Paymmu to: Sad iowiiria to Amu Remittance Processing Capital One Bank Capital One P.O. Bor 790216 P.O. Bas 30285 Se Lo ., MO 63179-0216 SLC, UT 84130-M F'mwxc Charges Pkaare receuridr fin iat kwai din fffmatisa ? Th. 4fie g ?pdieds> ? Cf3ARGE PURCHASES $1,18118 CASH too .07096% 23.90% .07096% 25.90% $26.11 100 ANNUAL PERCENTAGE RATE applied this period 25.90% PLEASE RETURN PORTION BELOW WITH PAYMENT T 0000000 0 5291072296875392 04 12306 60101321230662 Pkaaprise msih'ir Akfu -V--d rbega helm .g A&, w MW4 iaL New Balance $1.230.66 Minimum Amount Due $1,230.66 Svesr ApL r Payment Due Date February 04, 2006 Gty Sate ZIP T l l d ota enc ose $ Home Place Al.... Phone Account Number: 5291-0722-%87-5392 a Capital One Bank P.O. Box 790216 131nInuu311u1t131 St. Louis, MO 63179-0216 11n111lilt 111111111ns 1311111 to 11311Un1nt 13, 111111 11111 111 #9000549571022067# MAIL ID NUMBER Pkate unteyo a"mw atenbrr on yrar chxk or mosry cede wade pnyabk to Capitd One Back aced wail is the mdoned envy/oft HEATHER L ROBERTS 110 CALDER ST rn ? HARRISBURG PA 17102-2620 ,o ° ? 1mQInt13n11nuu113Iu1t1t11uu13n1uunln1u31u131 r peoplepc- N__101 A better UNLIMITED INTERNET ACCESS 1-888-587-9669 • Mention Offer Code: DIAMOND Or visit www.peoplepc.com/go/dW=nd PeopleFIC Is sdely raw" for die offer, and as not affiliated this Capital One. Capital One does not provide, endow o guarantee, and is net affdaled with, any plod ct or service shorn here. PM badeawks mentiomd hoesn am solely owned by lie -pwb- aft N rights now"d. By respondMtg to ile Cite( you may be conresicalirg kiorlretion about yourself to the company that povidee Ilia product - for example, that you am a Cgftl One ashinw.. 'PeoplePC Onkw Fir 3 Ifwdhs am bled at $07 per moo; $9M per month tlmrasher. Offer avaiabor to new de sew wbsaihem at kcal 18 yesm d age end may W to redeesed tii arty aw offer. Ofim sabjed to drupe at arty fine. Phone bechrical KWW avaiade for $1.95 per minute. tACOairakr is tree for 12 rlonBS. Dfir good for imdad tens. After their 12 madhe, Nw Accolmsed orrice wg automa Icaly revert to hie standard PeaplePC Orfom sorma. Offer subject to drupe at argine. With PeapkpC Online Accelerated, certain Web pope laid end graphite veil heed faster when catpsed to rtariclard dl-up ads, ass"& Actual msuis may vary. PeoplePC Oniw Acedraded Is orlly certprlble with PsOPIeC China nbnwhmice and apecffmd Alkskma0 Mowers. PWplePC Online Axdmekd a not compatible with Windowsill, 95 with E 5S SP2. Service not awlbbb in all am Access fees, taxes, and other fees and IesMdiorw may apply. Tooplprm toil charges may op* own 6"t141 fxriodk you am mapon"fr doornmi gvANier acal toms dour scow numbers wit MA in telephone tatl dense. Access may be ilydteel, especbiy duke ties d peak usage. DleFup unbent may be changed al PeoplaPCh dxretion. Continuous use subject to Wr efiut procedures. N use issuitiect to PsoplePC Onlirwb Senn foes Agreement and Acceptable Use Policy 561(a the naurrom speed of service; actual speed may vary . 0 2068 PeoplePC Inc. N Rights, Reserved. PeoplePC Onine and is logoo are inxim rks of PsopePC in the U.S and other Coklaies. 0 2DOS Capital One Services, Irc. Capital One is a federally registered service m d. N mots reserved al-? 0 f? 8 0 On: 1ftpp?r??? thfV To. on" Porbd. you wH how -a mkrirnun Nrece period of 25 4p wohat firur,ce ch ps on new purdnew, new balance trrofem, row epedsl pteCmsar and now odrr charges N yes yw ml 'Move fiahrcs', In area ? It b. Important msme y?mw for sl ? ? emmrn, aPsdal trorrbm. IInad done is cash Qua period m arty !o eaction if you do not pay to total Naw b.lemcs. b. Aoeaueg Fbmao. charge. TrawacNao wbleh am not auwi.ct m . gray period ans eansaed iernce nit .,go 1) Iran to data of the Mormaction, a 2) from the deb the trrm.ctim is proosessd to your Account or 31 from me fire calawair by of the omen bang period. Additionally, if_yw did not WY War ' Ww So-' from the pr A- N prated n ital. imemhce charges comb ao to esker to yea unpaid issuance until the uhpod beha ca is paid In full Thb mosom that you may so ore finance charges, own if you pay the a are Now Btlasm Indicated m the from of your su tmait by the mood mesa mars dosing dam, but rid not do so I. to pmAIos mane,. Unpaid ammo. c orgn aro .dried m tle aapumsnt of your Account. c atfrtianme Fna,es F. sear being that t wur.tanat I. ngset to • in.rca dsgs, i mk*- tots) RNANCE CHpAsN?GsEoffrrap(1.60 was be krhpoasd. If them iPanbdie mlolsl?b Ian den 10.60, tract that amwt ban the'0.60 mrim on and the dfformoe vast be 'rd===_ anxarn. . right to mem Forme l7rge. for X the dyWpsrdrio not dd oo,..asaneal s any mewk?Nrhr?irrrce wMp. for my given 2. Hime ?c h..- b midlM?Wro the dWy balance of each of odve ce, purchasem?pecial tnai account sfer and special pwhese) by the sa Wml&g daily Perlodio rant.) that ban bean PrsNOUsiy radesmd I W. At to area of each day duri1Yn1gp the bkpnp period, cam appy to doily periodic me for esCfh apreat o1yw aecoust m ms daNy trkro of a.dm aeunent. The a the and of the bwkq padod, vas Ws up the moults of dose dolly csladatlar to adw a your periods fimnp dugs br mesh a.pmat. We add up the rwtb from each up as to adw at the ids) pehlodc inmllCa doge for yaw acmes. To pet the dally W?nne for each aeii of your socaas, we take to beginning balance for each segment and .rid my nave transactions and flinmoo day bef.ro for the orange calculated on the pmA" peymrts or emd a paot?Nae of am[ day a^Y y Von are d ad.- d mom ssgrmap. Tito afros u the HW . A daily bsiace Balance ho"I an RODPAIL s summers mm' if you paid de your Previous ), o his Ire yea tow balance was aro or or e s cmdt .rasp, mew :==. Puvchescdar whkh goes to Vow d purchase, o to tlM or y bale ms opmats not asked ding balances. y cotCroote the overage e dadY balance by adding ON to dolly y these yobuy oioM dbo d.q n together BEEM d dye n Ur bring , them may w a eruct to amout of w...rq ver to oesch ve sanoomnmrartgnse soon oily, aopooa?rmnyormmsw or Cradita. (If 00 Cods N appears err an fronts Not m statarrrsm nom to 'BNarb Ras Applied To, am Noe of any upsid firormcs de rgs Incu chid Ilthe bslsru ass of sadm wor?er[ 1 TN. Co- u do daily Is of each asormad. Then, w add hp NI the daW bYahws for ad, 1yssin Nap N M f» oA M This gwo us m of My the .weir dsey bNarce of ssdh aeimara. The tone "Annual Percentage Rate' may appear as APR' on the from of this aetemam. If the curie P flovinw), L 43-mo. UBLM), C (Cantitots of Deport), or S (eadmWd Pmkm) appeom m the from of Wa mtement rmR ta the periodic rate(s), the periodic ems and cum d12 ANNUAL PERCENTAGE RATES hey Very wsemrety may Income or decease based on the carted ktfices, ufound in TM Wad Shear Jourrag p the These =ft I- i bar; pyour` ye on eed yT as in to " I Cow amasses mmtw January, Apt, JotW y" _'and October KXWV If the and. D Pro.), F It-mo. LIWM or G (3-. UBOR Rspriced Mad Y))t+opdiWe .rs m the the periodic ones of r w m,ontldy erred- AsN11l/AL Prd (Z AGE RATES may ry moV , - or decrease weed on de stated kdces, as food in no Wad Smart Jared, du to margin Pmalousiy disclosed to you. These changes cam be efbcdw m the Am day of your NWg period 4. Aseasso me of Las., o,rahknh and Ram" paymrt Fees. You soe met war be 'need no nom than two of to fees listed hero that occur during any being period. Under the mom of your anion er agm onsom, M rsamna the right to wale or nol to sows any fees wMmd prim nodicetim to without waning w right to assess the same or similar at a Ilea tams. 6. Yam Aaawt. If a membership too appears on to front of die swarms, you how 30 rep fromyim tlhe fpe:%dota daa statanhem vas pried to yam to veld an m m hew emari Nil reedited to you if you cannot yam soco t. During titer period, you may corgi mum m utse yw acmat Wdher Nvkq m WY the membarehlp km. To ramhal yam apcomtt, you moot 9. R year obis V6ii Aomard. You own^aecpwai to does yywourr aceouat by caking our Qaapea Rebtlar rumors. You mom destroy your a.k waded and aCt met aeoses deeb, ram i sil pmauedaod brag, = = Yw .ooeat. It you do not crs:el rscalpt ad ergs your inghorization femomgm?n yydewourrr aeoaes. Additionally, yea srcetet sew not be chosed u 0 you Pay ON estaues you an u khchdrg: any transactions you hew authorized, finer" cages, pea due fears, maldenh fee =W== /w, us) adr- fees and arty to yw scout. You errs responsible feu these --". wrrtwr they .pWaw m yam aocaat a the tars You rmgwa to close the aceomat a they am hnrmd ou been-o to in your request to close the account. This war doges aNNeadno an roux aaarn sher -u how if pod accoure or owe already been closed. For example, prude from, a -.t. and we mcelw to tramsecti n teem the rerdmw afro your accaed has been closed, your account will be mepaetl, tar nnemat of ee dctMrrytee veil be added so your account and pod wfi be mm-Mm for payment. tf dhem is a to be w hip he for yam acoast, the for was Centkae t des m has as ss been is rminrotor by few' uwN "m .uxouht bow, PN en M dental above. 7. Using Y.ur Aawed.Vt- egad m scoann cannot be wad In connection, with any kaerrst g.mbtrg trwusco_ B. Ilalies Ahead Hssisads dmsak Con mrsiar. When ymu provide a deck as paymat, you aahmise u either to use k,bmedon hen yam deck m make aens-time Necmoric cue ttaMa hoes you bank score or to Prooem tle gymwt as a dock transaction. When we led trwler, feuds yrnaW bs witldreanh from Yw wok aCtormt as Roan as the sans day we nmWw you =&A, ant momm your cock back from ise I== BILLING RIGNTB SUMMARY (In Cam Of From Or pueNkns Abou You Brt It you think youribraneait b reaCtm, p, a if you reed more intonrrotion m a a be, wake m- on a .M. Nest es Rom ere possible at to addwas tan ksiddes am- on to from of 0" memer o m. we must hear from you no War den 00 ha pp az w sat you the first be m wfidh the area or Problem eppsored. You can u8 our QMmw Relations meal or, but doing aro car not yyreaarw your dries. In your hotter, give u the fdowrmg InfmmedaC your rams NO amour mamba, the ddbr nowt of des suspected arm, a desediado l of the mm and an mpiaodm, of powbis, of vtw you bNow them Is an error: a it you need mom Inkmmatkn, a description of to hes, you aq urus slew. You do not hew to pry ary amoat n pwierm wHb caw errs bwesdgednp h, but you am eel m pay to Parts of your be sot ars nei in question, we nweaiata your pranm, vaa ramm Vow Sue or talboee my action to etloct the amount t,t SWCaI Rule For Credit Gm Rod. If you hew a Problem war the quality of property m anervitso east =r wire a credit cad and you hew trod m re, to correct ere problem with to madam, you may hew to dgt not to Pay to era ing amaat due on der pr?erty a esrulca. You hew protaNon acv vdrre ter pndesa? pits wu mere ton wf we m or ' M I .Id mtoilersdyea of Vw w - ms s1dsaereseyam.0,herewe mownm Srhthe at Wog gomta the madmt, m If vas nened you the adwrWwnwr far the peaWny OF aaNosa, at purchases are cersgd mynkaa• d mhwt a Imatlan of purchase.) Flew taeanmbsr to agrm N corrsspmdree. t Dbea not apply to corraurna nWe -K* card accmat3 t Dosa rot apply to bwubass non--air card -.Ora Capital Om supports nka-don privacy protection: arse our v "boto at www.eaptNpha Can. &fed.- regYtasd aerviee mark of Capitol Ca" One Ao dyta reserved. 0 2201?L3OLRPJC htm of Wes staemem • war -Avy tae online way to intemet. In MtatacoNMie.: P-VoWnts YOU mere to w vtk be eMtsd to your aooeaht as of m.e day war moaw R, prowdW (l) you sand the bonan pmtlm of this ammham ant your deck arotePm and (2) yw Wyman IS eacNvad n w P.=r.. Er 02 noon PT). Rene Now at least in (5) bmaakese Wye for pesm dsiivay. P.ymses raceirad by u at any otlw locotian a n anY atlor Imo may nhot be Credited a of to by caw ;r=. Our business des) am Malay Uaagh Saudav, exqudrV h=w. Plsese tab forrot odes aaltea. Paper db ere. wfrm PreWdrg ypx gymat forwarder dobh If from yw bent us to nob lrl_=`=& aMock( bO, cyds own if art u by m aarmob a,eoua a elrosetl.meN ot,us raectntYems process, accvut amwt ot to deck Thh aahedz.tlm appNes m ai dock. der emofer, • doge agNrm you bank 8000-11 lung the dock, a paper draft or other tom. you autlerizs ?'.r VERIFICATION CAPITAL ONE BANK vs ROBERTS, HEATHER L The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities, that he/she is, TRACY TAYLOR, 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. T C O 4? I- 24 Notary Public KARMA L. ROHEM 40TARY PUBLIC. OEKAIBCOUNTY,GA MYCO1VlI SSIONOTIRES440-2011 5291072296875392 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. ..Q 00 sz-, tx- ? V to W y r ? N z' SHERIFF'S RETURN - REGULAR CASE NO: 2007-05524 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS ROBERTS HEATHER L SHARON LANTZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ROBERTS HEATHER L the DEFENDANT , at 2018:00 HOURS, on the 16th day of October , 2007 at 17 DARTMOUTH CT MECHANICSBURG, PA 17055 by handing to HEATHER ROBERTS 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 Service Affidavit Surcharge j? Ja,16 a? ?, 18.00 28.80 .00 10.00 .00 v1' 56.80 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 10/17/2007 WELTMAN WEINBERG IS By: ?. puty Sher A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. HEATHER L ROBERTS Defendant No. 07-5524 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 WWR405904708 Judgment Amount $ 1888.58 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. 07-5524 CIVIL TERM HEATHER L ROBERTS Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, HEATHER L ROBERTS above named, in the default of an Answer, in the amount of $1888.58 computed as follows: Amount claimed in Complaint $1748.46 Interest from AUGUST 21, 2007 TO DECEMBER 12, 2007 at the legal interest rate of 25.9% per annum $140.12 TOTAL $1888.58 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: ?A WILLIAM T. CZAN, ESQUIRE PA I.D.#4743 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05904708 Plaintiffs 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: 17 DARTMOUTH CT, MECHANICSBURG,PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 07-5524 CIVIL TERM HEATHER L ROBERTS 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 (xx) Assumpsit Judgment in the amount of $1888.58 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: PROTHONOTARY (OR DEPUTY) HEATHER L ROBERTS 17 DARTMOUTH CT MECHANICSBURG,PA 17055 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7t' Avenue, Pittsburgh, PA 15219 1-888-434-0085 Request for Military Status Department of Defense Manpower Data Center Avnwkmh? 49 Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 DEC-12-2007 10:08:57 ,< Last Name First/Middle Begin Date Active Duty Status Service/Agency ROBERTS HEATHER 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. ,A I . it Abut PI 0414, 4?m_ 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.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 12/12/2007 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: BBWLQFAYKCQ https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 12/12/2007 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. HEATHER L ROBERTS Defendant Case no: 07-5524 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, HEATHER L ROBERTS 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, HEATHER L ROBERTS is not in the military service. Further Affiant sayeth naught. / AFFIANT SWOI?NXND S of r NOTARYPUB my presence this day i e! 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. 1. Y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Case # 0-1 - S62 4 (!1`f L F-' HEATHER L ROBERTS Defendant(s) IMPORTANT NOTICE TO: HEATHER L ROBERTS 17 DARTMOUTH CT MECHANICSBURG,PA 17055 Date of Notice: ?G WWR##: 05904708 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 tAVYER AT mes. ip Yee Be N8T RAVE A 6WYER, 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 /?o?tc?y BY: PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 CL? ! ?Q "r ?? e f? + ay ?'i7 r?' LAJ 111