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HomeMy WebLinkAbout08-4452IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK USA , NA Plaintiff No:- yy5a ?jvi I Terra vs. COMPLAINT IN CIVIL ACTION MARY J MILLER 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 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 41.2-338-7130 06636596 C N Pit IAS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK USA , NA Plaintiff VS. Civil Action No MARY J MILLER 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 USA , NA is a corporation with offices at 15000 CAPITAL ONE DRIVE RICHMOND , VA 23238 2. Defendant is adult individual(s) residing at the address listed below: MARY J MILLER 333 ZION RD MT HOLLY SPRINGS, PA 17065 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXXXXXX5923 . 4. Defendant made use of said credit card and has a current balance due of. $1877.11 , as of May 20, 2008 . 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 27.600% per annum on the unpaid balance from May 20, 2008 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit I'll' 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 , MARY J MILLER , INDIVIDUALLY , in the amount of $1877.11 with continuing interest thereon at the rate of 27.600%s per annum from May 20, 2008 plus costs. James C. 0armbrodt,42524 WELT , ve Pur. (43 F1 4/36b59J W INBERG & REIS CO., L.P.A. t Avenue, Suite 1400 PA 15219 -7955 338-7130 C N Pit IAS This law firm is a debt collector attempt/ ng to collect this debt for our client and any information obtai e will be used for that purpose. Qaplitalpne° NOT PAYING YOUR DEBT 500°" I what's in your wallet7* DOESN'T MAKE IT GO AWAY. In fact, even if we report your account as charged off, you'll still be responsible for paying your debt. So why not call us to see what we can do together to keep you from receiving such a serious mark on your credit record? We're here to help. Please contact us to find a solution that's right for you. You can make a payment with our &= check by phone service or speak to an associate by calling 1.800.955.6600. Make sure you call or pay the amount due on your statement within 30 days to keep your account from being charged off. ® 2006 Capita[ One Services. Inc. Capital One is a federally registered service mark. All r4hu reserved 500013-08503 Previous Balance Payments & Credits $1,457.34 - $0.00 + FINANCE CHARGE Transactions New Balance Minimum Payment Due Date $35.41 + $35.00 = $1,527.75 Ci527HD Sep. 26, 2007 Aug. 02, 2007 - Sep.01, 2007 .?, Page 1 of 1 MfASE all' AT IFAA TMS AWAT Visa Platinum Account Your account is six payment8'behind. If we charge off your account due to late payments, we will report the 438&U17,71969?23 charged-off status to several national credit bureaus, and the Purchase APR as reflected on this statement will be applied to all your outstanding balances. Act now to prevent this from happening. Please pay the amount due Your Account Information on your statement or give us a call at 1.800.955.6600. We'll work with you so you can take control of your T account and start rebuilding your credit with Capital One. OTAL CREDIT,LINE $1,000.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $1,000.00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please see reverse for impoprttnad nt infamretbn) Balance pplied toe P rattee? Comes APR CHARGE Purchases $1,481.11 0.07712% D 28.15% $35.41 Cash $0.00 0.07712% D 28.15% $0.00 ANNUAL PERCENTAGE RATE applied this period: 28.15% ® At Your Service 1.800.103,1837 To call Customer Relations or to report a bat or stolen card: ® Send payments to: Cepkal One Bank • P.O. Box 70884 • pherlcrre, NC 28272.0884 "Important Notice" Under the terms we previously disclosed to you, your account is now eligible for an increase in Annual Percentage Rees (APRs) effective irmrediately. However, Capital One has elected not to raise your APRs at this time. Please be advised that k you fail to keep your account in good standing, Capital One reserves the right to raise your APRs in the future. Payments, Credits & Adiustments Transactions C V U Q IT 1 27 AUG PAST DUE FEE $35.00 A Send Inquires to: Ceptal One • P.O. Box 30285 • Sell Looks City, UT 84130-0285 ® Have a question about a charge on your statement? Your account is 90 days past due and your Payment Protection coverage has been suspended. As stated in Please refer to the Billing Rights Summary on the back of your Payment Protection agreement, your coverage and monthly charge VAN be reinstated once your account is your statement or visit no "or 90 days pest due. You may still be eligible for benefils to be paid to your account for kiss events described in your Payment Protection agreement. Call Stonebridge Benefit Services at 1-888.527.6904 to see t your situation qualifies for benefits. You were assessed a past due fee because your minimum payment was not received by the due date. To avoid this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Capital One. 6056 506 1 07 1 070901 PAGE 1 Of 1 OlDM6056 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE cw I what's in your wallet?* New Balance Minimum Payment Due Date F $1,527.75 $527.75 Sep. 26, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed Capital One Bank P.o. Box 70!84 Irlrelrelelelleelrleel Charlotte, NC 28272-0664 Inlellnluelelluelnlelllunlnlelnlnlnllnlululluell 4388641771965923 01 1527750056810527751 Account Number: 4388-6417-7196-5923 Please print address or phone number changes below using blue or black ink. Address Home Phone AM.- Phone E-mail address @ #90245369174479510 MAIL ID NUMBER MARY J MILLER 333 ZION RD MOUNT HOLLY SPRINGS, PA 37065-3416 Is Ollie I1116Ur16eele6Uellr6eleerlUUlrrelleeelbeee Please write your account number on your check or money order made payable to Capital One Bank and mail with this coupon in the enclosed envelope. MARYJ MILLER 1. How to Avoid a Fires sa Charge. t a. Draw Pariod. You will have a minimum grace period of 25 days without franca costa an new purchases, now balance aaafrs, raw aphdal Purchases and new other charges IF you pay your total'Naw Babnw', in scorch nor with the Important Nolcs for pyrwnr blame, and In the tar It to be cadtad by yam payment des dare Thera Is ms grace period on cash adwmwa and special transfers. In addMon, there is no grew period on my ter eectbn F you do not pry the total 'New burn.' b. Accruing Finance Change. TnneasYaa Wlci we not sugect to e grace period w assumed fins- charge 1) lean tlo data of iha trarracfon a2) hap t o des the transaction a processed to your Amount r3) from the fiat calendar dry of tlha ouirra billing period. Additionally If you did not pyfa "law Balance from Me previous bBkp period In all, Brno Oharges aadinw to somas to yam unpaid balance unM lha unpaid Glance Y paid in lug. The mere that you may ate over lhrce charges, swan N you ' pay io antic New Btlerioe MIca1M on the Kara at scar submaM by to payment des dw, but did not do w for the previous month. Urpeld honor charges en added to to applicable sepnrm of y"Account. t c. Iln count Fmanhao Change. For such killing period OW your mccroa h subject b a /rherce Urge, a ni knumh toy FINANCE CHARGE of $0.50 VA be imposed. t d. Temporary Reduction in Fine Change. Wh reserva the rises to not aeases any rut finance chorgea for any given filling period. 2. Averepe Daly Balance (msu ding Now Puehesaa4 Fhwce charge is calculated by multiplying the dally balance of each segment of yaw account (eg, cash adionce. Purchaser , special treralk and special puchase) by the comepandhg dally pariodid Wa(s) 9W has plan provhwsy disclosed to you. At do and of each day during the killing period, we so* Via duty periodic rate for each segment of your account to the dally burn of each segment Than at iha and offs bttrg period, mss add up the mails of toes dory calculation to arrive at your periodic Amerce chow for "on sagme t. We add to to resift from soon segmsM to rrM at tla UAW periodic M m charge fa your account. To gal the duty balance for each esgmant of yam aooahL wit tab the bapknhg balance for each Migrant and odd ary newkensaWdns and any periodic amerce charge aladied on to previous days balance for dW ownent Vita am &Areaay payments or aodka posed so of that day that am allocated b that segment. The gives us is sopeass daily bit Wha for each segnwl of your account However, t you paid the New Burn shown on your previous sWatnent in full (r tyour use, Glance wee zaro or e credit amount), new transactions, Witch post to your purchases ayspetiy Phrdhase esgnans one mid added to the, day bounces. We aaoate the average dairy balance by adding all be dry balonar ba ar and dividing the sum by the number at Via days to the parent bBkg cycle. To calculate your bW firma charge, multiply your ovragn airy balance by Our day parici ie rha and by to number OF drys In car berg period, Ohre to rauridkg on a duly be* or due to mhhnum Ikynce charge assessment, dare may be a varinca between No -1.n and tlha amount or inenos charge actually aanrsad. 3. Annual Papmpa Rear (APRG a. The tann'Annual Percentage Ray' may apper es'APR' on the from of 00. sass meet. b. If the code P (Ouadoly Primal L (Orarary LIBOR), C (Ouenady CD), or S (Bminrd Prime) opposing an tle front orthls wtem.rt neat b iha parbdb rale(s), tho periodic rat" and coeespondkg ANNUAL PERCENTAGE RATES may wy quanrly card may knasrea rdacreees Grad on dis slabd' " . se loss in The wall avow Jamnal, plus t ho margin P mossy dkelcsed to you. These diarges we be elfecMw on do ant day of your bBhg period cavrW by you parodic ehateTTherrt aMeg In in. comas r Jarwrary, April, July cams OoaGr. Q t iha coda D (Mommy Praha), F (MO" LISOR), or G (Twray LISOR) oppose on the haw of yaw SWeman nod to Ohs periodic rya(s), the periodic rules err aorteeporhdirg ANNUAL PERCENTAGE RATES may very monthly and may Increase or dueness bead an am wad Impose, n feud In The Wet SVW JoumW, plus the margin PeNoudy disclosed to you. Trees changes MI be artrevs on the rat day ryour pBYg peiriod each mama. a. Arearnrs of Lets. OvrNmk and Returned Payment Fees. Under the tams of you customer ogreanuew, ww reserve iha dyes to wales r rat to asssee any leas Without prirnoWcWm to you wlthadw avkhgourrWto ensure the samea similar fairs eta legations. t R? t buy yaw A taouc 9a mraaMip fee appears your wlrwr, you how 30 days ham go des Mla seamed was mailed to you to avoid paying; the in a to how such he credited to you of you canes your soman Wghal having to pay the mornbsswpfes. To cereal your ecoouht you must no" us by alhg or Chabmar Relations DepartnhaM and pay your "lea Balance In ml (aecuding lG memGnNp (w) pda to the end of tM adrty-dy, period. 6. N You Cie" Your Account You an request to does your amount by calling our Customer Relations Depuenent you must deaaoy your as&awd(s) era a... we access, cads, arch al prmftdmd billing and asses using your account After your requ ag to doss, t you ooetlnw to traneacl car do not anal pmeudwiud being snanpernwts, mss MI mr.lderrecaip Of o dargs yoursu rWdon to host, your account open. AdditionNy, your socouM via not be dosed uns you try all amounts you owe us incudirhp: any banssatons you how autlarized. Ornana charges, pas due fees, mft*nk lees, returned poynarw leas ash advance see end any owes err sesessed to your account. You are respasblef these emounisu Maw OW appear an your somas at lee tars you request to dose ft sawn r they am hcowed sulasqurt to you Mquw to ctoea the account. Therosyruntin durgesapp arbg anyouracaoum oar you have nquesled dha accanf to be dosed. f. using Tour Account. Your ant or account cannot be used in connection with arty Internet gembeng trerhaacsiam. i. Notion About Electronic Cheak Comusslam When you provide a chodu as payment YOU And "bo w SOW to use informatlon tram your 01" to male s ore-time eMreonle hu d imitator train your bwi account a to poops tlha payment es a check transaction. When we use hMmINOn from your dhabk to make an aedronc hand oanaM. funds may be wMtdrawh bum your bank account as soon as ft same dry we receive your peymrl. and you MI not naNe your chats beds loom yam anonew bstbnion. BILLING RIGHTS SUMMARY (In Case of Errors or OuaWora about ,our Be) If you tithi your bill is wrap. or If you need mom Warrostion on e trnraerlen or bill. wnte m w on a separate ahou es soon u pass". at the addreas car mcluhw show, on to rant of that Oskowm. % move how cam you no law than a0 days after we said your"flat bit on Witch to amor or problem appeared. you can car our Customer Ryetlons number, but dap so will nol preserve you rights. In your Isar, give as ft Mw.* V kdanrwdw: your norms and amount number, Me doter smarit of the suepacrd amr, a description of the error and an "Version. It Poesble, of why you believe two in an error or ff you red more Infortnafon, • description of the Nam you are union sbouL You do not have to pry any son unt in qurtion whNs WO w kwOMOOV It, but you era 60 Obligated W pay the Parts Of yam bid VW are not in question. Wbie we kwasNgys your question, vs canny report you - dNmpord or take any action to oleo the amount you question. 2. t Special Rub or Credit Cam Purchases If you have a Problem h,Ith the putty Of property or services that you purohosad wilh a credit cad and you have tried in good leek to cared the problanu Win the involved. you may have the right not to pay the remaining amount due on the property or services. You have Ile Pmbctbn ay Wherh Ow purchase prior two more than $60.00 end to parAre was media In your home, wta a will 100 miss of your mating address. pf w own a operate the merchant or It as msaad you the adwmwnw t for the property or serNas. all padhasis are covered regaMlaes at arrant a IOC"m Of pedrese,) pease remember to sign all cornepondena. T Does not applylo cane-nonsnd# cud amounts ; Des not OPPy to buskaas non•aedlt card accouns Capital Ons eupprs irdO mMiOn prvay protection: see our winter at Wi iLaiggiggiBLOM Capital Ore k a federally registered service mark of Capita Ora Finandsl Corporedon. Al dghk roserved. O 20M Gass pre TC-0e 01 DMOOSS-1-04/10107 kWOUtNmra PWwftyonmanbrMbeaedbdbyamaaaudnoffsbanterdyesmwW lop, (1)youandt. bosom pwbndbk$MW=dbiasyamdaahtowo*NdspermwdopoendmWPrPMk.rkadhcarprr. C.A. by3p.mET(12now PT).Plowcalmatbeets(5)buresr a pimparesdsikary.psyrn, larked byansey cow kaliwah caruturNm myWbit aeditsarofbeayesfreaks a.mgrburs day,w Mast' ieahyh Saw, socus, mMav. Plow do note steplu. paper alp, etc. atm pupa" your paymwt. JO VERIFICATION CAPITAL ONE BANK (USA), N.A., successor-in-interest to Capital One Bank vs MILLER, MARY J 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 (USA), N.A., successor-in-interest to 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. TRACY OR Notary Public z 4388641771965923 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. ? ° ? 1 00 a C ^ "? +F f e r- a ? ,, GI 77 . G rt U f ry ?. 7 60 lL3 i I SHERIFF'S RETURN - REGULAR CASE NO: 2008-04452 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA N A VS MILLER MARY J GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE MILLER MARY J DEFENDANT , at 0017:09 HOURS, on the at 333 ZION ROAD MT HOLLY SPRINGS, PA 17065 MARY J MILLER DEFENDANT was served 'upon the 5th day of August , 2008 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: So Answers: Docketing 18.00 Service 6.00 Affidavit .00 • Surcharge 10.00 R. Thomas Kline .00 R?OZ?08 34.00 08/06/2008 WELTMAN WEINBERG & REIS Sworn and Subscibed to By: before me this day Deputy riff of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. MARY J MILLER Defendant No. 08-4452 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. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (41.2)434-7955 WWR#06636596 Judgment Amount $ 2079.84 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 (USA), NA Plaintiff vs. Civil Action No. 08-4452 CIVIL TERM MARY J MILLER Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, MARY J MILLER above named, in the default of an Answer, in the amount of $2079.84 computed as follows: Amount claimed in Complaint $1877.11 Interest from May 20, 2008 to November 11, 2008 at the legal interest rate of 27.6% per annum $202.73 TOTAL $2079.84 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 901ZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06636596 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`b Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 333 Zion Rd, Mt Holly Springs, PA 17065 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 08-4452 CIVIL TERM MARY J MILLER Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Z=;nt was entered against you on (xx) Assumpsit Judgment in the amount of $2079.84 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: 9ROT4HON?9T DEPUTY) MARY J MILLER 333 ZION RD MT HOLLY SPRINGS, PA 17065 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK USA , NA Plaintiff MARY J MILLER Defendant (s) IMPORTANT NOTICE TO: MARY J MILLER 333 ZION RD MT HOLLY SPRINGS,PA 17065 Date of Notice; r) q) ?x\ m WWR#: 06636596 Case # CIVIL %fle h') 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 BY: C-=L- WOU '"- PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.F.A. 1400 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Case no: 08-4452 CIVIL TERM Plaintiff vs. MARY J MILLER Defendant 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, MARY J MILLER 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, MARY J MILLER is not in the military service. Further Affiant sayeth naught. AFFIANT TO AND SUBSCRIBED in my presence this VAI day COMMONWEALTH OF PENNSYLVANIA qz AR 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. Notarial SCI Y PUBLIC .` ? Heidi J. Kelly, Notary Public ' City Of PiUsburgh, Allegheny Courriy My Commission Ei?lres Nov. 4, 2009 ?Member, Pennsylvania Association of Notaries Request for Military Status Department of Defense Manpower Data Center Adftk IV Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 NOV-14-2008 05:40:14 Last Name First/Middle Begin Date Active Duty Status Service/Agency MILLER MARY J 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.defenselink.mil/faq/is/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: GNZEQAYLNA h4s://www.dmdc.osd.mil/scra/owa/scra.prc_Select 11/14/2008 "-?.