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Home My WebLink About06-6180 IN THE CaDET OF COMMON PLEAS OF CUMBERLAND COUNTY I PENNSYLVANTJ\ CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: a - t.lPo 'vS. G.CJlL'-rfYL~ COMPLAINT IN CIVIL ACTION SArlll'cNTHA SHEIGAl<T Defendant FILED ON BEHALF OF PlainclfE COUNSEL OF RECORD OF THIS PARTY: II James C. Warmbrodt,42524 WELTMAN, WEINBERG & t{EIS CO., L D /' 436 Sevel1t.h Aver;.,;e, Slnte 2718 Pittsburgh, PA 5219 (412) 434--7955 FAX: 412-338-713C 05414199 C A Pit SGM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Ii I CAPITAL ONE BANK Plaintiff vs. Civil Action No SAMANTHA SWEIGART :Je:endant COMPLAINT AND NOTICE TO DEFEND You have been sued in courT. If you wiGh to defend again~3t_ th:: cIa: n:s set forth in the following pages, you mus t Lake act i on wi thi:l twenty (20) days after this complaint and notice ace Berved, by entc::ring a written appearance personally or by an attorney and filing in wri~lng with the court your defenses or obJections to the claims set forth against you. You are warned that if you fail co do so the case may 9roceed without you and a judgment may be entered against you by the court without further notice for any ~oney claimed in the complalnt or fo~ any other claim or relief requested by the plalntift. You may _csc ~oney or property or other rights importan~ to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA\1YER AT CNCE. IF YOU DO \JOT HAVE A LAWYER OR CANNOT AFFOED OKE, G:J TO OR TELEPEONE THE OFFICE S!~T FORTH BELOW TO FIND OUT WHERE YOD CAN GET ::"'EGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OF'FICE 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 ASSOCIATIOI\ 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, CAPITAL ONE BANK 18 a corporation with offices at 6851 JERICHO TURNPIKE #190 SYOSSET , NY 11791 . 2. Defendant is adult individual(s) residing at the address listed below: SAMI\NTHA ShTEIGART 44:) 3RD ST ENOLA, PA 17025 :i I' 3. Defendant applied for and received a credit card bearing the account number 4121742243874321 . 4. Defendant made use of said credit card and has a current balance due of $2158.98 , as of September 27, 2006 :). Defendant is 1n defaul t by failing to make monthly paymenU, when dUi~. As such, the entire balance is immediately dUF and payable to Plaintiff. 6. Plaintlff is entitled to the additlon of interest at the ra c 0- '.' II Ii I 25.900%" per annum on the unpaid balance from September 27, 2006 A copy of Plaintiff I s STATEMENT iE; attached hereto, marked as Exhibit "I" and made a part hereof. 7. Although repeatedly requested co do so by Plaintiff, Defendant ;las willfully failed and/or refused to pay the balance due to Plainclff. I II Wherefore, the Plaintiff prays for judgment ir its favor and against Defendant , Sl\MANTHA SWEIGART , INDIVIDUALLY , in the amoun[ of $2158.98 with continuing interest thereon at the rate of 25.900% per annum from September 27, 2006 plus costs. Warmbrodt, 42524 , WEINBERG & REJS CO., L.P.A. enth Avenue, Suite 2718 Piits rgh, PA 1:)219 (1'12) <134 - 79:) 5 FAx: 4 12 - 3 3 8 - 7 ~. 3 0 aS4 4199 C A Pit SG~ This law firm is a debt collector at_mpti:lg to collect this debt. fin Ii I our client and any information obtained wiLL be used for that purpos~ ./ ~7 ....1 i I Access your account online ... Register today at www.capitalone.com. CapltalOne' Account SI1lIlIIlaT<' Pr('vious Balance Pavment~ Credirs and Adjusunenrs Transactions - Financ.e Charges $1,111.59 S.OO S64.00 S25.36 New Balance Minimum A.mount Dut' Paymem Out Dale S1.200.95 S1.2OO.95 December 27. 2003 T eta! Credit Line Total Available Credit Credit Line for Cash Available Credit for Cash At YOUT sen1cc To calI Customer Rdation~ or t(. report 8 lost or $to101 card: 1-800-798-0363 For fret online: account ~O'Vic(', and :;pecial OJ.S.tomer offen. log on to: WW'W.ca.pitalone.eom Send pa-ym01~ to: Attn: Reminantt Pn>Ce$sing Capital One Service. P.O. Box 8514i Richmond.. VA 23276 Smdinquirio. to: Capital One Service P.O. Box 85015 Richmond.. VA 23285.5015 ~ '" " ", 027 With Capital One~ online account servicing, getting account information and making payments is easy. Check out just a few of the things you can do: -7 Pay your bill online -j- Check your balance and available credit -.-'7 View your statement Plus, take advantage of other special offers deve~oped especially for you! CapitalOne' wtJ.at's: in your WIIht?'- see reverse for details >- 027-0402 \1SA ACCOUNT 412] -7422-4387-4321 OCT 28 - "101' 27.2003 Pag' 1 of 1 Payments, Credits and Adjustments This is our third and final notice that your account is seriously past due, Payment mUSl: be received within 72 hours to avoid action b~' our co!lection department. Transactions 28 OCT 27 NO\' O\'ERLIMlT FEE PAST DelE FEE S29.00 35.00 S500 S.OO S500 S.OO Save money on interest, every day! Transfer your higher-interest-rate credit card and loan balances to your Capital One card. Yau can saw more money, spend less time paying all th':>5e separate bills and e~ior seeing Doe paymem actually make a difference on the balances you transfer. Yau can transfer almost any type of credit card or loan balana- - as long as it has an account number. So call our Transfer Specialists anytime. toll free, at 1-800-955-7070 to start sa"ing~ You were assessed a past due fee of $35.00 on 11/27/2003 becaust' YOUT minimum payment was not received by the due dare of 1112612003. To avoid tIID fee in the future. we recommend that you allow at least 7 business days for your payment 10 reach Capital One. EXHIBIT 1/ II / F" mance ChlUJl"S PletJJe Jee rn/eru Jidef(l1' impt.ntant informatioll PURCHASES CASH Balimt( Tm< p~u: i1?/iidf(J rail Sl,024.69 .070%% 1128.11 .07096% S22.54 12.82 Con-1AA"mg twA\"'8r 25.90% 25.90% A."I!'.'UAL PERCEJ'\TAGE RATE applied rbisperiod 25.90% CapitalOne' ... PLEASE RETUR.'" PORTION BELOW WITH PAYMENT. ... 0000000 0 4121742243874321 27 1200950050001200953 PUPSCprfnt maiimt tJJi.irw and:Or l-m4i; chmtgu lui(Jf1} usm.! ;'iUl Dr" bUU; mi )>;"". Balance MiDlIDurn Amount Due Payment Due Date $1.200.95 S1.200.95 December 2i. 2003 T oral enclosed Account Nnmber: 4121-7422-4387-4321 ..., Capital One Bank P.O. Box 85147 1.1,,1,,11,,11,,11I11I Richmond. VA 23276 1"1,1,.11",1,11,..1.11,.11".11,.,11,.,11.,.11,,,11...,1",1 S~r~e' Apt # eny s,. ZF :"';OrTlc ?h~H1' Aherna~ Ph::mt E.maLA.ddres~ #9033178882751221# YAIL ID NUMBER SAMANTHA SWEIGART 8 DULLES DR W APT 1H CAMP HILL PA 1701:-:140 r '" M ... " o c - ~ ~ - 1."111",111"""11.,.11".11,,,11.1..111,,.,.,111,.1..1,1,1 Pleau writ~yOUT lUrount number em .voW'" ch<<k or mon~l' order nuui.r payabJr to Capital Ont Bank and mail in th( mdosed envelope. - !!!!!!!! - !!!!!!!! - !!!!!!!! - - !!!!!!!! - - - - - - o ~ o '"' '" " Send us your e-mail address so we can better serve you. Even if you've already sent us your e-mail address, please fill out the form and retum it with your payment. We want to make sure our records are up to date. ....::.. ~ l..... . . . . . . <-mail address{]DODU[IJOOOODUI iDDOOOuDoni i[]JDODOuon 1 Please print clearly in block 0' blue in"- You, address should include an -@l- s'gn and cannar contain any blank spaces. A ". - should ha!lf! Its awn space I Name: SAMANTHA S\"'EIGART Account#:4121742243874321 Your privacy is protected at Capita! One. You can feel secure knowing your e-mail address will never be sold or distributed without your consent. For more information about OUr privacy policy, please visit http://WWw.capitalone.com/parent!legal/privacy.shtmL , : I I ./ Q2002 Capital One Services, Inc Capita: One is 8 feoeraliy registered sentlce marK Ali rights reserved - - - - - - !!!!!!!! I 1. How To Avaid A F....,c. ~. periodic une. To obtain the average daily balance 1ar the ' t a. Grace Pwiact. You_ will have a minimum grace period of billing period covered by this statement, ~ take the 25 days WIthout finance ch8rge on new purcha:!leS, new beginning balance of each segmern each day, add any ne", balance transfers, new special purchases and new other 1fans8ctions to each sE!Qmem, and subtraCl any payments Charges if you pav your total "New Balance", in or credits. lit the code N appesl"$ on the from of this accordance with the ImpollanI Notice tor paymentS below suJtemenT neX! to "Balance RaTe Applied To: we also and in time for j'{ 10 be clediled by your neXl sunemem swulle! any unpaid finance charge included in the balancE closing date. There is no grace period on cllsh advances 01 each segment.l This give! us the dail", balance 01 each and special trnnsfers. In addition, there is no grace period segmem., Tben, we add up all the daily balances for each on an\! transactioo if you dll noT pltv the total -New segmem for the billing ~~od a~ divide b,,~ the total balance." number at days In the billing penod, This gives us the b. Accruing FinanN o.v..- Tran$;8ctions Which are not a\Oerage dally balance of eact-, segmem subject 10 " 9ra(,:e period are assessed finance charge 1) 3 Amulll P_c.1t1lge Ret.s fAPA!. from the date of the uansaction or 2) from the date the 8, The term -Annual Percentage Rate" may appea~ as tranSSC1lOn is processed 10 your Account or 3) from the . APR" on The from of this stlltement. first calendar day of the current billing period. Additionally, b It the code P (Prime). L (3-mo, L1BORJ, C lCellificate of if \IOU did oat pa.,. the "New Balance" from the pre\lious Deposit). Of S (Bankcard Prime) appears on the from: 01 billing period in ftAl. finance charpeg conTinue to accrue 10 ttois 1ftaTemem next 10 the periodic ralets), the periodic yoU! unpaid balance l.ntil the unpaid balance il; paid in full lates and cOlfesponding ANNUAL PERCENTAGE RATES This means that you may' STili owe finance charges, eYen if may vary quanerty and may increase Or declea&e based you pay the emire New Balance indlcated on the front of on the lrtated indcea, a$ found in The Wall Street \lOUr statement by the next STatemem closing daTe, but did Journal, plus the margIn previously disclosed to you. nm do so for the pre\lious month. U~id finance charges These changes will be eHective on the first day at your are added to the applicable segmem of yOUl Account. ~iIIjng period covered by your periodic statemem ending t c. Minimum F......ce a.vc, For each billing period that In the months January. April.- July and OClober. your accoum is abject to B finance charge, a minimum c. If the code D (Prime). F n-mo. L1BORI or G (3-mo. total HNANer a-tARGE 0: $0.50 will be imposed. 11 the UBOR RepriCed Monthly) appears 00 the front of your total finance charge resulting trom the application of your 81atement next to the periodic rate(&), the periodic fates penodic rate(s) is less than $0.50, we will SlbtraClthat and corresponding ANNUAL PERCENTAGE RATES may amoum from the $0.50 minimlKn and the difference will be vary monthly and may increase or decrease based on the billed to the purchase segment of your eccount stated incices, as fculd in The WaU Streer Joumtll, plus t d T~ Rlduction n FN'tce a,.,.. We reserve the the margin previously disclosed to you. These changes nghl to not assess any or all finance charges for any glvc!: will be effective 00 the first day of your billing period bilhng penod. each month. 2 AWl'''' Oaity B~ f~ New Ptschases). 4 Arsnsment of L.a, Ovwlimit md RnnMd Pavm-m F..s B Rnance charge is calculated by multiplying the dail". 'four account will be assessed no more than two of the fees balance of each segment 01 yoUI account (e.g., cash liSted here that OCOJf dUfing any billing period. Under the advance, purchase, special transfer. and special purchase) termr; of you! cwnomer agreement, we reserve the right to by the corresponding dail", periodic ralels) thal has been waille or nOl to assess any fees without prior notification to preVIOUSly disclosed to you, At the end of each day dunng you withoUT waiving our right to assess the same or similar the billing period, we apply the daily periodic rate for each fees at a later time segmenT of your account to the daily balance of each 5.tR-..wi'tg yOU' AcCOW1t. If a membership fee ge[ll'llent. Then aT the end of the billing period, we add up appears on the from of this statement. you have 30 the results of these daily calculations to arrive al your days from the date this statement was mailed to you to periodic finance charge for each segm6f1t. We add up the avoid paying the fee or to have SlX:h tee credited to YOU results trom each segment to arrive at the total periocic if you cancel your account, During this period, you may finance Charge for yOUl acc:oum. To gel the daily balance continue to use your account withoUl haVing to pay the tor each segmem of your accoum, we lake the beQilVllng membership fee. To cancel "our aCCOUnt, you mUSt fJalaflC'e tor each segmem and add any new Transactions notify us by calling our CUStomer Relations Depllrtmem and any periodic finance chbrge calculated on the previous and pcy your -New. Balance- in fUl lexduding the da".'s balance for that segment. We then subtract any membership fee) pnOl to the end of the thinv-day period payments or credits posted 8S of that day thaT are allOcaTed 6. If You au.. You- AcClOlnl. You can request to close 10 thal Regment. This gives us the separaTe dal!v balance your aCCount b,,' calling Ql.Jr CUSTomer Relations for each segment 01 your account. However, if you paid the Depanment. You must destfoy your credit CBldls) Itnd Ne'fto Balance shown on your previous statement in full lor account access checks, cancel all preauthorized billing, if your new balance Wa! zero Of a credit amount), new and ce8~ USing .your account. If you do not cancel transactions which post TO you! purchase or special preaUThonzed billlflttj arrangements, we will conSIder purchase segmentS are no: added to the daily balances, We receipT of 8 charge YOUf aUThoriZStion to reopen your calculaTe the average daily balance by adding all the dally accounT. Additionally, your account will noT Oe Closed balances together and divi~ng the sum by the number of until YOl.! P8V all amounts \,OU owe us induding: any the days in the current billing cycle. To calculate your total transactIons you have authoriled. fin8nce charges. past finance charge. multiplv your average daily balance by the due fees, over1imiT 1ees, retumed pa'ylTllenT fees, cash daily periocic rate and by the number of days in the billing advance tees and any other fees assessed to your period. Due TO roundrng on, a daily basis, there may be & account. You 8fe lesponsible for these amOl.nts WOether Shghl variance hetween this calculation and the amoum of they appear on your accoum a1 the time you request 1() finance chafge actually assessed. close the aCCOU'lT or ttley life incurred S\.bseQuem to b If the code Z Of N appears on the from of this statement your request TO close the account. This may result in neXl to -Balance Rate Applied To, - we multiPly the charges appearing on your aCcount aher you have avera e dail balance of each 8e ern b our month! r ed the accoun~ to be closed or the re nin of \lour account if it has already been closed For example if you authorized a purchase from 6 mercham and we receive the tfanS8ction from t~ mercham after your 8CCOunt has been closed, your account will be reopened, the amolXl'! of the charge \ViII be added to ',lour account, and vou will be responsible for payment If there is II memoership 1ee for your account, the fee will cominue 10 be charged. to the eXtent petTnlned b... laWl.', until the account balance has been paid in full as defined above 7 Ucing yOU" AcOOWlt. Your card 01 account cannol be used in connectiOf) _th any internet gambhne transactions BILLING RIGHTS SUMMARY (In Case 01 Errors Or Questions AbouI Your Bill) If you think your bW is wrong. or if you need more information on 8 transsction or bill. wme 10 us on 8 separate sheet as soon 8S poSsible 8T the address for inquilies shown on the fronT of this statement. We muSl hear from you tlO later than 60 days aher we sent you the first bill on 'Nhich the erro' or problem appeared. You can call our Customer Relations number, but doing 80 will noT pleserve your ri~ts. In your lensr, giVP US the follOwing information: yoU! name anC account number, the dollar amount of the SUspected error, 8 description of the error and an explanation, if possible, of why you beliew there is an error; or if you need more information, a description of the item, you ar~ unsure about. Vou do nOlha\le 10 pay any amOll11 In que81l00 while '....e are IOV8StlgstlflQ It. but you are still obligated to pay the pans of your bill thaI are not in QUestion. Wt'ile W€ investigate your Question, we cafTlOl repen you as delinquem or take' any action to coilec: the amount you QUCStion ~ ,t Special Rule For Credit Clud Purchases If you have a protMem with the quality of property or services that you purchaSed With a crediT card and you have tried in good faith to correct the problem with the merchanl, you may hBve the right nOl 10 pav the remaining amount due on the prapenv or services. You have this protection OnlV lNhen the purchase price was more than $50.00 and the purchase wall made in your home 1fTate or within 100 miles 01 your mailing address, (11 we own Of operate the merCham, or if 'lfII/e mailed you the advertisemem tor the propeny or services. all purchllses are covered regardless of amoum or location of purchase.) Please remember to sign all corlespondence t Does nol apply 10 consumST non-credn csrrf accounts f Does nor apply fO business non-credlr CBrC 8CCOUrlrs Capital One suppo"S informaTion privacy proteCTion: see our webshe al lNWW.capiudone.com Capital One is 8 federally registered sen;ice mark of Capital One Hnancial Corporation All rights reserved. C 2003 Capilal One 01 LGlBAK Import.", Ncmca: Your paymem will be credited to your accoum as 01 the date we receive It, provided you send the bottom portion of this statement and your check in the enclosed remittance envelope, and your paymem is received in our Processing center by 3 p.m, PaymC0l5 addressed to our Virginia or Georgia processing center must be received on a business Gal' bv .3:00 p.m. ET Payments addressed 10 our Washington processing center mUSl be received on 8 business day by 3:.00 p.m. PT. Please alloVl.' at le811 five (51 business days tor postal delIvery Payments recerved by us at any otryer location llr In another form may not be credIted the same da", we fCCetve them. Our business days art Monday througt; Saturday. eXCluding holidays Please do not use staples, paper cliPS, etc. lNhen prepanng your payment !!!!!!!! !!!!!!!! = - - - 94355 VERI FICA TION The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities, that he is an attorney for the Plaintiff herein and makes this Verification based upon the facts as supplied to him by the Plaintiff because the Plaintiff is outside the jurisdiction of the court and the Plaintiff's Verification cannot be obtained within the time allowed for the filing of this pleading; and that the facts and circumstances set forth in this pleading, are true and correct to the best of his knowledge, information and belief. armbrodt, Esquire ~ (:) lQ.. \ U) .V1 ~ RJ ~ \) ~ ~ 6"- ~ ~ "'" - - ~ w - ~ ~ :;]L ~ (:"1 o C ~:-.~ r--...> C::) c::::-, 'C.1"" o -n --I G I-n rnp' -nrn '~f'J (',J C:j C-.> V) -) -::' , I ~':"') rr-l .::. ".t> ~J.J .< o C"J --~ f'.) ~. 7""" v'J CJ .r:. SHERIFF'S RETURN - REGULAR CASE NO: 2006-06180 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS SWEIGART SAMANTHA RONLAD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SWEIGART SAMANTHA the DEFENDANT , at 2000:00 HOURS, on the 8th day of November, 2006 at 445 3RD ST ENOLA, PA 17025 by handing to MARIAN SWEIGART, MOTHER 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 So Answers: 18.00 13.20 .00 10.00 .00 41.20\/ ~ /:Jjc"!t i.- Sworn and subscibed to ~~-,,<:~-~ R. Thomas Kline 11/09/2006 WELTMAN WEINBERG REIS day By: /::;J- ~ CU~~ ~: /h1 Deputy S eriff before me this of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff No. 06-6] 80 vs. PRAECIPE FOR DEFAULT JUDGMENT SAMANTHA SWEIGART Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA 1.D.#47437 Weltman, Weinberg & Reis Co., L.P.A 27] 8 Koppers Bldg. 436 Seventh A venue Pittsburgh, P A ] 52] 9 (412) 434-7955 WWR#05414199 Judgment Amount $ 2,279.85 THIS LA \V FIRM IS A TTElVlI'TING 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. 06-6 I 80 SAMANTHA SWEIGART Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, SAMANTHA SWEIGART above named, in the default of an Answer, in the amount of $2,279.85 computed as follows: Amount claimed in Complaint $2,158.98 Interest ti'om SEPTEMBER 27, 2006 TO DECEMBER 15,2006 at the legal interest rate of25.9% per annum $120.87 TOTAL $2,279.85 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. ~II~L~~' ESQIJIRE PA I.D.#47437 Weitman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, P A 15219 (4]2) 434-7955 WWR#05414199 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 27 J 8 Koppers Building, 436 7th A venue, Pittsburgh, PA ] 5219 And that the last known address of the Defendant is: 445 3RD ST ENOLA,PA 17025 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, PlaintitT vs. Civil Action No. 06-6180 SAMANTHA SWEIGART Defendant NOTICE OF JUDGMENT OR ORDER TO: () Plaintiff (xx) Detendant ( ) Garnishee You are hereby notified that the following Order pr Judgment was entered against you on ~~~D()'I (xx) Assumpsit Judgment in the amount 01'$2,279.85 plus costs. () Trespass Judgment in the amount of$__ plus costs. () Ifnot satistied 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 A ward Prothonotary By: t114.-ia/ PROTHONOTARY SAMANTHA SWEIGART 445 3RD ST ENOLA,PA 17025 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 th Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPiTAL ONE BANK, Case no: 06-6 180 Plaintiff NON-MILITARY AFFIDA vrr VS. SAMANTHA SWEIGART Defendant 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 111 accordance with the Service members' Civil Relief Act (SCRA), 50 U.S,c. App. S 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, SAMANTHA SWEIGART 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, SAMANTHA SWEIGART is not in the military service. Further Affiant sayeth naught. AFrif!!-rf r SWO~N TO AND SUBSCRIBED ill my presence this l:'.-i day of {,,?<.z__-Y---/ . -;,.-<:v:,./. r.t' " \'-~. \ I I ~tr;;, ;T~C; City ()~ ~:',i!:SL.k. My C"..omml "i fiq;;1k; '. ."-'1 I I ! , :drv. County 29,2010 ~ .~,t NDt-)rkV' MefYIhpr, Pen 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 of2 Department of Defense Manpower Data Center DEC~ 15~2006 09:49:04 Military Status Report Pursuant to the Servicemembers Civil Relief Act -<. Last Name First/Middle Begin Hate Active Duty Status Service/Agency SWEIGART SAMANTHA 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 or the Military. ~ r,\. ~-~ Mary M. Snavely-Dixon, [)irector Department of Defense ~ Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMOC) 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. #] 67;# 167; 50] et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of ] 940). DMDC has issued hundreds of thousands of "docs 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 SCRl\ points-of-contact. See: http://www.defenselink.mil/faq/pis/PCQ9SLDR.htull WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https :/iwww.dmdc.osd.miliscraJowa/scra. pre_Select 12/15/2006 Request for Military Status Page 2 of2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report W:JJGAKUSUFAZA https:/ /www.dmdc.osd.mil/scra/owu/scra.prc _Select 12/15/2006 IN THE COURT OF COMMON PLEAS CUMBERUL~D COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Case # Jrv~{PIS-O S~~THA SWEIGART Defendant(s) IMPORTANT NOTICE TO: SAMANTHA SWEIGART 445 3RD ST ENOLA,PA 17025 fa Ie- 1:, 0 ! I Date of Notice: WWR#: 05414199 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 i.:::.~...=-~~'~." ,,"U \.l /J !(' L~,-,,' BY: , I JAMES Wl\RMBRODT, ESQUIRE PA 1.D / #42524 WELT~, WEINBERG & REIS CO., L.P.A. 2718/f(OPPERS BLDG, 436 7TH AVE. PITtSBURGH, PA 15219 iI c A.) ~ ~ ....0 ij:. ~ . <?t- o () - ~ \) --J () r-.) ~ <.? 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