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HomeMy WebLinkAbout08-7021 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. JOANNE L FREISTAT Defendant No : 08 -- '76 a l 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 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 06935625 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 JOANNE L FREISTAT 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: JOANNE L FREISTAT 69 KENSINGTON DR CAMP HILL, PA 17011 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX2727 . 4. Defendant made use of said credit card and has a current balance due of $2195.75 , as of September 16, 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 28.100% per annum on the unpaid balance from September 16, 2008 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 111" 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 , JOANNE L FREISTAT , INDIVIDUALLY , in the amount of $2195.75 with continuing interest thereon at the rate of 28.1001 per annum from September 16, 2008 plus costs. James C. WELTMAN, 436 Sev Pittsb x (412) 3 FAX: 1? 0693 6J W rmbrodt,42524 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 attempVing to collect this debt for our client and any information obtained will be used for that purpose. CapitalOW NOT PAYING YOUR DEBT 5°°013 what's in your wallet?' 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 J= 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. AU rights reserved 500013-08503 FINANCE Previous Balance Payments 8 Credits CHARGE Transactlons New Balance Minimum Payment Due Date $1,416.24 - $0.00 + $34.28 + $35.00 = $1,485.52 $485.52 Jan. 03, 2007 fo. Nov. 04, 2006 - Dec. 04, 2006 Page 1 of 1 KEASE W AT LEAST THIS AMOUNT MasterCard Platinum Account Your account is six payments behind. If we charge off your account due to late payments, we will report the Masbr2&3907latin charged-of 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 account and start rebuilding your credit with Capital One. TOTAL 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 important information) Balance rate Periodic Corralpmding FINANCE applied to rate APR CHARGE urchases $1,433.87 0.07712% D 28.15% $34.28 ash $0.00 0.07712% D 28.15% $0.00 NNUAL PERCENTAGE RATE applied this period: 28.15% ® At Your Ssrvim 1400403.3837 To all Customer Relations or to report a lost or sedan card ® Send payments to: Capital One Be*- P.O. B..70684 • Charlotte, NC 28272.0884 A Send Inquiries to: Capital One • P.O. Box 30285 - Salt Lake City, UT 84130-0285 'important Notice" Under the terns we previously disclosed to you, your account is now eligible for an increase in Annual Percentage Rates (APRs) effective immediately. However, Capital One has elected not to raise your APRs at this time. Please be advised that If you fail to keep your account in good standing, Capital One reserves the right to raise your APRs in the future. Payments, Credits & Adjustments Transactions T-04 DEC PAST DUE FEE $35.00 You were assessed a past due fee because your minimum payment was rat received by the due date. To avoid this fee in the future, we recommend first you allow at least 7 business days for your minimum payment to reach Capital One. our 6056 506 1 7 ow- what's in your wallet?' 0 5178052239072727 03 1485520040000485522 Account Number. 5178-0522-3907-2727 New Balance Minimum Payment Due Date C$1,485.52 $485.52 Jan. 03, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed Capital One Bank P.O. Box 70&&4 Itlrrlllrrtllrrttrllrl Charlotte, NC 26272-01164 III III Is 11111 111111ill 061204 PAGE 1 of 1 OIBC6056 PLEASE RETURN PORTION BELOW WITH PAYMENT Please print address or phone number changes below using blue or black ink. Address Home Prone Alternate Phone E-mail address Q 0903397765&070793• MAIL ID NUMBER JOANNE L FREISTAT 69 KENSINGTON DR CAMP HILL, PA 17011-7413 rrdllrrdllrrtod6nllLolLLrtrrlLrdld6JdrtLrr 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. JOANNE L FREISTAT 1. Her to Awld a Finance Charge. t e. Grace Period. You VAN Mw a minimum pace period of 25 days wttcut frame charge on new Wrctesea0. new bdana treaders, new spadal purctwn and new 011 charges if you pay your total'New, Balance', I. accordance wMh ere Implant NoBa for payments balm, and In Urns for It to be credited by your need statement closing dam. Theis is ne pees period on cash scivenceis arW tpetlsl bYernalams. In addbm drs is ne pace period on any transaction if you do nail pay tie burl •Nw balance.' ''. b. AcarWng Finance Charge. Transacdons which we not suE)act b a grace period w named finance c arga 1) from the dam of she Inannoion or 2) from the data err transaction is lormea d to your Account r 3) from Net Taal calendar day of Me current WIN period. AddNawly, t you din not pay ft Ties Same' kom the pr"us billing period M full, finance charges rdNnue to accrue to your unpaid balance unfit fir unpaid balance is paid in full. This means that you may ON are finance Mapes. aver t you pay the amore New Balance Miamd on err from of your stammers by the next ateialeant closing dam, but did not do so for the previous month. Unpaid fnance c argea are added to the applicable segment of your Account t c. Mbbean Fiance Charge. For anch NBrg period that your anoint Is subject b a amerce charge. a mkmum total FINANCE CHARGE of S0.50 will be Imposed. t d. Temporary Reduction In Fiance Charge, Wa lessen- Ow right to not apes" any or all finance charges for any given killing period. 2. Awarsga Daly BaWce (balding New purchases). Tana charge a calculated by multiplying the daily balance of each segment of your account (e.g., ash advance, prnchw, special Bander, and special Wd-) by Our, ooteaponding daily periodic raft(s) that has been previously disclosed to you. At the and of won day dung the Wang period, we apply the daily periodic ram for each segment of your account to to dally balance of each segment. Than at err ad of to biting period, we add up the mauls of thses daily calculations b arrive at your periodic finance olyrge for each segment vve add up the issues from eacheapnent b aMae r the iced periodic Mice charge fa yourarmrm To gal the defy balrrsfor each segment of your accont we take the beginning balance for each seprant and dd"new, trenamdons ad any periodic Manca charge alminred on the pmvba days belanafr thW segment MM Men rlWW airy payments or cream posled as of that day that son allocated to that segment. This givesmtie sel aram defy besrrw for each "Whent of Y" Brxoum. However. If you paid ere Now SaWCe shown on your previous statement In ful (a If your new balance was Coo or a c edit rani), new transactions. which post to your pumdaa t or special purchase tsgmanm ra not added to the daily baban. We aktaate the avenge, defy balance by adding as the dally belanaa together and dMdng the sum by the number of the days In our arrant biling cycle. To alumni your tour finances charge, mutipy your average daily-- by tie dally peridie rate and by the number of days In to bBrg period. Due b rounding on a daily bask or due to minimum fiance charge aeeawnent dkera may be a vartnca between this calculation and the amount of finale charge actually assessed. 3. Annual Percentage Reims (APft a. The term 'Annual Percentage Rate' may appear ore •APR• on the from of this aWament b. If he Coda P (Quarterly Prima), L (Ousdary LIBOR), C (Quarterly CD), or S (Baricard prima) appears on the front of this ssmment neat to the pedodb nin(e), the periodic rams and cdmespdrxft ANNUAL PERCENTAGE RATES may vary quarterly and may inCaaee or decisses based an the stated ini ices, as bred in TM Wag Straat Jaranal. Pks the margin previously dsdaed b you. Than divinges will be eased" on gal tM day of your bBkg PWW cow" 'd by your periodic statement ending In the months of January, April, July and October. c. If ale code D (Monthly Prins), F (Monthly LIBOR). a O (Treasury LIBOR) appears on our from of your shmenent next to de periodic ra*at die periodic robs and corresponding ANNUAL PERCENTAGE RATES may vary monthly and may increase or decease based on the staled indices, as found in The WWI Seem Journal, plus the margin previously disdcead to you. Than rdwgm will be eteWw a the IM day of your bOV period each month. a. Assessment of LMe, Ovedlmk and Returned ?ayeem I- Under the bna of your aslonw agreement. ww reserve the right b -ft or no b wens arty NM "from pia notification to you wahoa valuing our right to serf a the somarsimlrfwat aleart- T S. Renertrg YbirAOceurt. If a membership in appears on the front of your statement you haw 30 days from tM dam this aemmem ins mated to you to awkl paying the me or to heirs such be credited to you if you canal your account without hsWng to pay the membership lee. To carrel your ao=^ you must notify us by albg our Cnlpner Relations Department and pay yourTlew Balance' In full (excluding the membership fee) prior to ft and of the Nrttdsy period. 5. N You Close Your Account. You an request to dose your scomod by calling our Cuwmer Relations Dpsronem. You must destroy your credit and(s) and account access checks, amoral all prsautlpized billing and own using your account After your request to tins, if you continue to bromesil or do not cancel preauttcnsed biting anangarmanp, we will mnsiderrrdpr of a Marge yorsutlxliaaaon to keep your account open. Additionally your amount will not be dosed unit you pry M amount you arm us including: any bansactbns you haw au0rriasd, finance charges, post due fees, ovaAMl fa it returned payment ion, rah advance few and any alMrfw aawad to your account. You are responsible for thou amounts wt ceder they appear on you amount at the time you request to does the account or they ans incurred subsequent b your fequeat to dose the account. This nay result In barges appearing on your amount after you haw requested tie account to be dosed. 7. Wing Your Account. Your care or account cannot be used in connection with any Internet garbling transactions. B. Notice About Elaelmni : Check Conversion. When you provide a check as payment you authalze us .inter to use information from your check to make a ons-lime dedm is hand transfer from your bank accent or to procaea the payment W a tdectt transactM. When we use Wrmabon from your Mark to make an electronic fund tmnde Amft may be vatirtrawn from your bank account as soon NO the same day we receive your payment and you will not receive your drills back from your financial Institution. BILLING RIGHTS SUMMARY (In Caen of Enors or Ouestlons about Your BB) If you think your bit Is wrong, or It you need more infi rmetlon on a transaction a alt, write to us on a separate W" as soon n press h a at this address for inquiries Shown on the front of tins statement We mat hear from you no star than 50 days after wo sent you ft first bit on which tie arm,` or problem appealed. You an all our Customer Relations number, but doing w will net proaarw your rights. In your lets, give us our following bfc medon: your ante and account number. the dollar amount of the suspected error, a description of the error and an explanation. It potable, of wiry you baliaw them Is an error, or If you read mom inlorms ion, a description of the item you am unsure about You do not haw to pay any amount in quesaon whin we are inveaagetng t, but you are still obligated to pay the pas of your bin that am not In quesdon. While we bvntigate your question, we cannot report you w delinquent m We any action to coiled ere amount you question. $, t Special Rule for credit Cord purchaser If you have a problem with the quality of property or aervkm that you purchased with a credit card and you haw tried in god faith to correct No problem with the nrrdaM, you my new the right not to pay the remaining amount due on the property or "rulces. You have He pmleWon only when the purchase prim was more than $50.00 and the purchase wea miss in your hoe state or wthin 100 miles or your malhg address. Of we own or operate to nerche L or t we mailed you the advertisement fa the property or servius, all purchases are covered regardless of amount or location of purchase.) Pew remember to sign all t Does not apply to consumer noncmdt card accounts 2 Does not apply to buerace non-crecit card accounts Capital One supports information privacy protection: ton our weWlte at wvacJp) stone th. Capital One It a fedendy ragsmmd swAce mark of Capital One Financial Corpaason. AN rights reeened. O 2006 Capita One 01 BC6056. 6-1221006 akpemWd Nalba Prynrns you nW m a wB b cmadaed b youraocsnl r oltla busaaa dayse rrsia a, prortlsd (+) you sold tie barmen pond- of ft aWenwnl and your cad in ftadaed mnMrce snWope and (2) year?spai sncd dhoti prrrg Omer by 3 pun. ET (12 ram PT). Rases air M isaatte (S) Wainer drolrpoWdd-y. Pgmaa wiled try a o wry alar loaders a In raymbrfcrmmaynotbaWmdnerdadaywsmohsden DwNWa drysourkidoyhough Samday,c.kdghcldrp. Plow do let ore eloped, p.W cfp, etC Man pnpasg Yoe pWWC elan You profile ¦ decka payment, you substrate ate b ore kft=dDn from your deed b main a ww ma aiscacractied reehrmm youasalm or Io prom am payment as a clack hanascmn. Who we on bmmatlon tom your died b maim an ded *fnd finale, Nora may be *40 from your acrawn a noon as tie aeon dry M make y+w paymat and you as not racers yarded bad Ban your hwrkl matlmaon. CAPITAL ONE BANK (USA), N.A., Plaintiff, V. JOANNE L FREISTAT Defendant(s). VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that he/she is an authorized agent of Capital One Services, Inc., an affiliate of and service provider to CAPITAL ONE BANK (USA), N.A., Plaintiff herein, and that he/she is duly authorized to make this Verification, 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. Dated: 10 IV X12 00 9 cv? Aleksander Cherkis A049 WELTMAN, WEINBERG & REIS CO., L.P.A. xj -^ 'ti zi- 7Y. - 0 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-07021 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK USA NA VS FREISTAT JOANNE L R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT FREISTAT JOANNE L but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE NOT FOUND , as to the within named DEFENDANT FREISTAT JOANNE L 69 KENSINGTON DR CAMP HILL, PA 17011 PER CURRENT RESIDENT, ZORY ALEMANY, FREISTAT MOVED. PER POST OFFICE MAIL IS STILL DELIVERED TO ADDRESS GIVEN. Sheriff's Costs: So answers: - " - " Docketing 18.00 - -,-- Service 14.40 Postage .42 R. Thomas Kline Surcharge 10.00 Sheriff of Cumbe rland County Not Found 5.00 4 WELTMAN WE INBERG & RE I S 12/09/2008 Sworn and Subscribed to befo re me this day of , A.D. IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff Civil Action No. 08-7021 CIVIL TERM vs. JOANNE L FREISTAT Defendant(s) PRA X1PE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. W PA ID #42$ WELTM4` 1400 Ko . c ,PP Esquire & REIS CO., L.P.A. Buidling 436 Seye Avenue Pittsbui , PA 15219 (412)'434-7955 WWR #6935625 Dritmjmkl,o? FtLEQ_ cW9 Ava l! Am 10:11 of CWth PA 4 b . 00 Pb Any er ustwu C07 Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant ?wytr of C111q,rf4,14 Cy _ OFFIC'4 ?-ERIFF Ft1.ED-U-1-FiC,E OF THE PPOTT-iONOTAW 2809 AUG 19 AM 9: 14 4VAGl ?: aL rv J i I.)jUN { Y PENNSYI_yq#t rA Edward L Schorpp Solicitor Capital One Bank (U.S.A.) N.A. Case Number vs. Joanne L. Freistat 2008-7021 SHERIFF'S RETURN OF SERVICE 08/17/2009 05:38 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on August 17, 2009 at 1738 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Joanne L. Freistat, by making known unto herself personally, at 806 Market Street New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $43.30 SO ANS August 18, 2009 R THOMAS KLINE, SHERIFF By ? ----?7 ?-z.... Deputy heriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. JOANNE L FREISTAT Defendants No. 08-7021-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 (412) 434-7955 WWR#6935625 Judgment Amount $ 2659.08 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No. 08-7021-CIVIL TERM JOANNE L FREISTAT Defendants TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, JOANNE L FREISTAT above named, in the default of an Answer, in the amount of $2659.08 computed as follows: Amount claimed in Complaint $2195.75 Interest from SEPTEMBER 16, 2008 TO OCTOBER 26, 2009 at the legal interest rate of 28.100% per annum $463.33 TOTAL $2659.08 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. MOLCZAN, ?UIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6935625 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 806 MARKET ST, NEW CUMBERLAND, PA 17070 IN T14E COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. JOANNE L FREISTAT Defendant Case no: 08-7021-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, JOANNE L FREISTAT 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, JOANNE L FREISTAT is not in the military service. Further Affiant sayeth naught. L?47-*kA' AFFIANT SWORN D SUBSCRIBED in my presence this VAday Of 0C coM?no_NwF1u THQE.13ENNSYLVAN A N ARY PU Notsft SOW VV** L. GRA Notary Public City & P&Wurgh. AllOOWY coumy dTULIV CaMniepoo 1 B, 2010 Member. Anodatton NoEaAes IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff Case No. 08-7021 CIVIL TERM V& JOANNE L FREISTAT Defendant IMPORTANT NOTICE TO: JOANNE L FREISTAT 806 MARKET ST NEW CUMBERLAND, PA 17 70 Date of Notice: 10 12 0 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMAN, )*-INBERG & REIS CO., L.P.A. By: 1 Matthew Urban P.A.I.D.# 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 6935625 N PIT L4Q Request for Military Status Department of Defense Manpower Data Center rs Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 OCT-14-2009 10:50:42 -< Last Name First/Middle Begin Date Active Duty Status Service/Agency FREISTAT JOANNE 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. IA. Awt pq 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. nil/fa"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: BCQMFHDJDSD https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 10/14/2009 ii 0 V 10 (=',i°1 6: 28 jTr 4 4- oo pri ATT`f ?,? H333'74? ? a3aa.?t? IJaheR, l?la.?I,?Q IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 08-7021-CIVIL TERM JOANNE L FREISTAT Defendants NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order o Ju gment was entered against you on (xx) Assumpsit Judgment in the amount of $2659.08 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: ROTHONOT DEPUTY) JOANNE L FREISTAT 806 MARKET ST NEW CUMBERLAND, PA 17070 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7"' Avenue, Pittsburgh, PA 15219 1-888-434-0085