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HomeMy WebLinkAbout06-6643 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: Cl.- -1-1.1+3 C! I ul-r€l2-"'l vs. COMPLAINT IN CIVIL ACTION TIMOTHY E NOON Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, 'WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05467385 C A Pit DKB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No TIMOTHY E NOON Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, CAPITAL ONE BANK is a corporation with offices at 6851 JERICHO TURNPIKE #190 SYOSSET , NY 11791 . 2. Defendant is adult individual(s} residing at the address listed below: TIMOTHY E NOON 521 BRIDGE ST # 2F NEW CUMBERLAND, PA 17070 3. Defendant applied for and received a credit card bearing the account number 5291071439050129 . 4. Defendant made use of said credit card and has a current balance due of $4035.13 , as of November 02, 2006 . 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 November 02, 2006 . A copy of Plaintiff's STATMENT is attached hereto, marked as Exhibit "I" 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 , TIMOTHY E NOON , INDIVIDUALLY , in the amount of $4035.13 with continuing interest thereon at the rate of 25.900% per annum from November 02, 2006 plus costs. . Warmbrodt,42524 , WEINBERG & REIS CO., L.P.A. 436. Se enth Avenue, Suite 2718 Pitts urgh, PA 15219 (~12 434-7955 1 . 412-338-7130 /0 ~67385 C A pit DKB / This law firm is a debt collector ttempting to collect this debt for our client and any information obtained will be used for that purpose. OU; Your account is delinquent. We want to help! \a\l.e~\ ~\ \!JU"" CapitalQne" Account SUtIlIIUl1V - Previous Balanc, Pavrnents. Credits and Adjusunenrs Tr;nsacrions . Finance Charg<' $1,973,78 $,00 $64,00 $43,08 New Balance Minimum Amount Due' PaymeD! Due Date T otlll Credn Line T otlll Available Credit Credit Line for Cash Available Credit for Cash $2,080,86 $2.080,86 Jun' 07, 2003 $1,400 $,00 $1.400 $,00 At your service To call Customer Rclatiom or w. report a lost <:or stolen card: 1-800-262-1493 For fret online .crown ~icc and special Ql$tomc:r offen. log Oil to; www.Cl.pitalone.<<Offi Send paymcrru to: Attn: Remittance PC0ce5sing Capital On~ Ser,rice. P.O. Box 85147 Riohmond. VA 2317, Smd inquirics to: Capital One Services P.O. Box 85015 Riohmond. VA 13185-5015 Important Account information Did You Know? Capital On, offers more than just credit card products. WIth more than 47 million accounts., Capital One provides valuabl, financial solutions-including aute loans, personal loans. CDs,. money market accounts and more-to one out of every' three homes in" the U.S. -;<- To protect your credit with us, you need to make a payment. -.} We can help-but only if you call us, -,~~, When you call, you can make a free check-by-phone payment. Return your account to good standing. It's up to you to take the first step. Call us! 1-800-479-7231 014-1102 MASTERCARD ACCOUNT 5291-0714- 3905,0129 APR 08 - MAY G7, 2003 Pag<' ] of 1 Pavrnents, Credits and Adjustments Transactions 08 APR OVERLIMIT FEE 07 MAY PAST DUE FEE $25,00 35,()() You were assessed a past due ree of $35.00 on 05107/2003 because your minimum payment was not received by the due date of 05/07/2003. Tc avoid this ree in the furore.. we recommend that YOU allow at least 7 business days fOl your payment to reach Capital One. . rmance Charges PJeaJe Je~ rt!!'VtrJe nihfor important t,!farmati01l F=" C_tp;Jint ~~8f PURCHASES CASH lui_Cf rail 4f!li.d ro Sl,023S1 S,OO ,070%% ,070%% 25.9M; 25,90% 543,08 S,OO _""- "INUAL PERCENT AGE IV\. TE applied this period 25.90% CapitalOne' ,. PLEASE RETURN PORTION BELOWW:rrn PAYMENT, ,. 0000000 0 5291071439050129 07 2080860110002080869 Pit/lSr pnn: mau'mg aMrtSS an4lor t-m4ii chimps j"jO'flJ usm[' biw or tll'tui mi New Balanc, Minimum Amount Dw- Payment Due Date $2,080,86 $2,080,86 June Oi. 2003 Totlll enclosed Account Number: 5291-0714-3905-0129 -, Capital One Bank p, 0, B~x 85147 11I11I11I11.1,1.1111.1 Richmond, VA 23276 1,.1,1"11,"1,11,.,1,11.,11."11.,.11,,.11,,.11.,,11,.,11,.,1 s~: ApLi s~~ ZF MOmt Phone Alternatt PhDM .' EmailAddres: r- o r- " L() o - ~ =:!!!!!!!! - - - l!5l!lE: #9012851606498148# ~,:L ID NUMBER T!MOTHY E NOON 521 BRIDGE ST APT 2 NEW CUMBERLAND PA 17070-1931 r 1,.,111".111".1",111"".,111.1""11,,,,11.,1,1,,,111,,1.1 Pi~tuc writeyour IKcounf number O1l."fOur check or man,!,,' order TIIW payable fe, Capita! One Bank. anc" mail ;11 the endared envelope. - - - - - - - ~ !!!!!!! - - - ~ - - !!!!!!! ~ !!!!!!! - - - == - - ==== !!!!!!! - - ~ !!!!!!! - - - - - <<> 2002 Capital One Services. Inc, Capita! One is a federally registered service mark, All rights reserved, ~ c C '" C go C ,. How To AwHd A FinInc. Owva. t a. Gr.. P~. You INIiIl have .II mirimLn'l grace period of 2S days 'Nrthou1 ftnance charge 00 new purchases. new balance transfers. new &peClal purchasEt$ and new other charge& if you pa'f VOU1 total "NeY,. Balance-, in accordance wittl the tmponant Notice for p3ymenTs below. and in time tor it to be crediled by your next S\81emem dosing date. There is no grace period ~ cash adva~ and special transfers In additIon, there IS no grace penod on any transaction if you ck; not pay the total ~New balance: b Aoanq FINPOfI a..p. TransaClions which are not subjecl to it grace period lire assessed finance ch8rge , J from the dine of the transaction Of 2) from the date the transaction is processecl to youl AccolJU 01 3/ trom the finn calendar day of the current billing period Additionally, if you did not pay the -New B8IMnce" from the previous billing period in tull, finance ChBroes continue to accrue 10 your unpaid balance lJltil the unpaid balance is paid in full This means that you may still owe finance charges, even if you pay the entire New Balance indicated on the front of your statemem by the next 8tatemem closing date, but dtd not del fKl for the previous month. ~id flnance charges are added to the appiicable segmem of your Account t (.. Mininum r:-~ ~... FOI each bUling period thal your account is atJ;ec'l to a flnance charge, 8 minrmum total FINANC~ a-lARGE of $0.50 will be imposed, If the total finance charpe resutting from the applic8tion 01 your periodiC rateta, 1$ less than SQ, SO. we Vllili subtr8ct that amOlMlt from the $0.60 minimum and the clfference will be t d. ~::.:.:vhe~= ~T'='O~.~C~~rve ~ ~r-~Open:ro:.sses~ any o! all finance cherges tor any given 2 A........ Deily aaa.noe ,~ IMw P\rcn-Hl. a Ftnance Cheroe is calCUlated by multlpl",ng the d811y balance ot each segment 01 your accOlJ11 (e.g., cash advance, purchase, speci81 transter, and special purchase) by the corresponcing daily periodic ratets) thaT has been previOU8ly disclosed t(l \IOu. At the end 01 each d.y during the bAling penod, WE' apply the dally periodic rste for each segment of vour acCOlI'll to the dally balance of each segmem. Then al the end of thE billing period, we add up the results of these daily calculations 10 arrive fit your periodic finance charge lor each segment We add up the results from each segment to arri\/(' a1 the t01al periodic flnance charge 10r youl aCCOll"lt. To ge11he dally balance tor eaCh ~em of your 'Ccounl, we take the begiming balance tor each segment and add any new tlllnsactions and any periodic finance cha~ calcuhned on the previCU'l day's balance tOI that segment. We then subtract any payments or Cfedits posted as of thlt day tNt are allocated to th8l Mgmen1 This giYBS us the separate dellV balance for each 9l9'T'ent of your aCCOUlt_ However, if you paid the New Ii8lance shown on your previous statement In full (or if your new balllnce was 1ero 01 I!l Creal amount), new transactions which post to your purchase or special purchase segments 8re not added to the daily balances. We clllculate the average O8l1y balance by addng all the dl!lil',<' balances logethef and divtding the 5001 by the number 01 the days in the current billi!lll cycle. To calculate your tOtal finance charge, multIply your average dally balance by thf, daily periocic rate and by thE' rn.mber of day& in the billing period. Due to roundint on 8 daily basis, there may be 8 sli('lh1 variance between this catculation and the amoum of finance charge actually 888eS8ed b 11 the code ZorN appears on the front 0"1 this statement next to .Balance Rate Applie<l To," VIle multiplv the averaae dailv balance of each seornent bv your monthly 527075 penodic rau:. T (l otnain the average OBiiy balance tor the billing period covered by this sratornem, we take 1he begiming balance 01 each Mlgment each day, add any new transactionll t(l each segment, and subtract any payments or credits. lit the cOde N appeart on the from of this stfltement neJ(! TO "Balance Rate Applied To: we also subtract an)' unpaid finance charge included in the bal811C€ ~~~~~~ ~~~ve:IIU:~~a~~il~?:=e~T1 ::~~ segment 10r the billing period and dvide by the total number 01 days in the billing penod This gives us the average dally balance of each segment 3. Arn.Ia! P..c.... RaIle. IAPR\. a. The term ~Annual PeJcentage Rate" may appear 8S . APR" on the from 01 this statement. b 11 the code P cPrimel, l (3-mo_ UBORL C ,Cel1ilicate of Deposit), or S (Bankcard Prime) appears on the front of this S'tIlTement neXT TO the periodic nne!.l, the periodic rates and corresponding ANNUAL PERCENTAGE RATES may va", QUanerly and may increase or decrease based on the mated incices, 8S found in The Wall Street Jr:wm8/, p1Ull the margin previOU8ly chct088d to you These changes will be effective on the lirst day 01 VOUl billing period covered b'f your periodiC statemenl endifl{l in the month!; January, April, July and October c If the code D (Prime!, F (1-mo. UBORI OJ G (3-mo L1BOR Repriced Monthly) appears on the tronl of your statemem neJ(! to the oeriodic ratels), the periodic rates;: and corresponding ANNUAL PERCENTAGE RATES may vary monthly and may Increase or dec.ease blsed on the stated indices, as found in The Waif StfrJer JaumeJ. plus the margin previously discloaed to you, These cha~ will be effective on thE lirst 08'1 of your billing pened each month 4 AneantWIf of l.., Ovwlimit -nd RIIbITMd ~ F_t. Your account \/\Iill be assessed no more than twO of the fees listed here that occur during anv billing period_ Under the terms 01 your customer agreemen1, we reserve the right to waIve or 00l 1(l assess an'1 tees WIthout pROt notificatIon to you withoUt waiving our rigu to assess the same or similar fees at & later time. 5.t~ Vow Aocount.. If a membel1Jtl.p tee appeal'$ on the from- 01 this statement, you have 30 days from the date this statement was mailed to you to avoid paying the fee 01 to havre such tee credited to you il you cancel your account. During this period. you may conrinue to USf! your account witholn having to pay thf membership tee. To cancel VOUI accoum, you mUSl notify us by calling OUI CUSlomer Relations Depenmem and pay your WNeVl.' Ii8lance. in MI lexcluding the membership fee) prior t(l the end ot the thirty-day period. 6. If You ao.. Vow AoOOWtl. You can lequest to c:lOS€ your ftCcoun1 by C8l1ing our Customer Relations Department. You mUt!lt destroy YOUl credit card(sl JlIrld JlICCoun1 access checks, cancel atl pu~authoriled billing and cease usillQ youf account.. If you do not cancel prealJthoriZed billin~ arrangerRenta, we \/\Iill consider receipt of 8 Charge your authorization to reopet1 your account. Additionally, your accoum will no1 be dosed until you plI'1 Bll amounts \IOU owe U$ including. any tran&8ctions you have authorized, finance cnarge5, paS'[ due fees, owrlimit fees, returned payment tees, cash advance tees and any otiler tees 888El8S8d to YOUI account. You ale responsible tor these amOlS\ts whether theV appear on vour accounl 81 the time you request 10 close the 8CCOU1t or they ale incurred subleQUem 10 vour reQUeSt to close the accol.l'11.. This may result ir: cha.gc5 appearing on yOU! acCOlJl'Tl after you neve reauested the aCCount to be closed or the reooenillQ of vour account ii i1 has already been c1oaeU_ For example, It VOlI authOrized Ii purchase trorr, e merchant and we receive the transaction trom the mercham after yOUr account ha5 been dosed, YOUI account will be reopened, the smoum 01 the charge will be added to 'fOUr account. and you will be respon8lblt: for payment Ii there is II membership tee fOI your aCCOlK1t, ~ tee will continue to be ch8rged, to the extern pennitted bV law, until the accoun, balance has been paid in full as defined above 7 lh*1Q V.... Account.Youl card or account cann01 be used in connection 'Mti"' any Imemel gambling transactions BILLING RIGHTS SUMMARY /In Case 01 ErIOn; Or Questions About Your Bill) If you think your bill is wrong, or if you need mort> iotoonation on I transac1iOfl or bill, write to us 00 Ii separate sheet as soon as possible 8l The address tor irq.iries shown on the front of this SUl1emern, We must hear trom you no later than 60 deVIl stier we sem you the filSl bill on whid1 the error or problem appe8red, You can call our Customer RelBtiom runbel, bu1 doing 8CI will not preserve vour rips, In your lener, give US the toIiowing information: your name and account number, the dollar amount oj the suspected errol, e deacripriOtl of the error and an e)(J)lanation, if possible, of why you believe there is an error; or i1 you need rnOl1l information, e description of the item you are lIISUre about. You de noT have to pay any amOlXl1 in question while we are investigating it, bu1 you afe still obtioaled tt:! pay the pans of your bill that are n01 in QUeS1:ion. WhIle we investigBl8 'fOU' QUeStion, we C81T1Dl repart you as dMinquent or take anv action to collect the amount VOlJ queStion. t, t Special Rule For Credil Card Purchases If you h8~ II problem wrtl'1 the qualitv ot propenv or services that you purctlaaetl wtth II credit card and you haVE'- tried In good taith to correct: the problem with the mercham. you may h8~ the ri," nm t(l P8V the remaining amount due on the propeny or services. You have ttis pr01ection oni'1 when the purchase pnce was more than $50.00 and the purchase was made in your home rune or WIthin 100 miles of your maUu\{! address.. (U we own or operate the mercflam, or If we mailed vou the advenisemem for the propeny or services, ell purchases ere covered regardless 01 amOUnl or 100000ion of purchase,) Please remember to sign all correapondence. t Does not Bpplv ro consumer non-credit card BCCOunt$ :t Does nol apply to business non-credtt carrf sccounts Capital One 8~rt8 intormatioo privacy proteC1ioo: see our websile 8t www.capftaIOllf:.com CaPital One is Ii tederally registered servicl" mark of Capita' One Financial Corporation, Ali rigus reserved C ;>003 Capital One O1l0LBAK Important Notice: Your payment will be credrted to yow account as 01 the date we receive It, orovlded you send the bottom Dortion of thiS statement and you; check in the enclosed remittance envelope, and your payment is received in our processing center by 3 p.m. Payments addressed to our Virginia or GeorgIa processing center must be received on a business day by 3:00 p.m. ET. Payments addressed to our Washington processing center must be received on e business day by 3:00 c.m. PT. Piease sHow at least five (5) business days tor postal delivery. Payments received by us at any other location or in another form may not be credited the same day we receive them. Our business days are Monday through Saturday, excluding holidays. Please do not use staples, paper clips, etc. when preparing your payment. ..J 4061 YES, send my Pre-Approved MasterCard* with a aOOit line up to $I,OOO! ( I. :~ \~ ;jj/ 1237189975722 015 003 Timothy E. Noon 1102 Yverdon Dr. Camp Hill, PA 17011-1245 I'ktu< <TrfSI Olll .wi cltang< flildress if "''':umry, u. OIIiy _ '" biDd uok "" IIris """'plfJJlCt c.l1/IIt>2U, Offer Expires: October 30, 1997 DYes /i?J No Send me blank checks fOT an immediate cash advance, o Yes ~ No I would like an Express Account ($19,95 nonrefundable fee).. ~ Yes 0 No Do you have a checking account? ~Yes 0 No Do you have a car? APPLICANT Social Security . ;).. 0 l ()G:.d-5 (QCc Homc Phone l l 7 ~ $ 9 77 { ? Housing D Own ~nt 0 Parents Q Other Current Employer cl-evdv-d BY(,j ~r5 Gross Annuallncomet (Ie. '1ICIoled) Datt of Birth 03ll1'f No, in Household Tome at Prescnt Address I Yrs C) Moo S; Monthly Paymcnt $ ~OO ~ <:.<) Cun-ent Business Phonc 800 ;;>"378 48 ^ Q,cck Here If Q lWiml $ 3 CI, 000.. o Self-Employed bONrJl"\ :J, PEoyl-E5 ADDITIONAL CARD FOR AUTHORIZED USERtt Name of _r a, it should appear on card (please print) Moth.,', Mailkn Nome (jor security P"I'pO...) \. .. No.., Only the: Pre-Approved Apphcant may aco:s, acwunt information, A fec of $20 will .ppear on your lirst monthly statement jf you cho~ to add .n Authorized U.., to your account now. OPTIONAl. ACCOUNT MLANCE COVERAGE (Onl)! primary applicant may enroU.) Ja'Q Yes. pi.... onroll 1m in the optionolllGcount Balm<< eo.era,. (er.ditlnsulana) I'rogIam. I haw read and und-..nd 1M CXlItI. bonefiu and exduoiono of Il<xoum Bal...." eo.era,. aplained OIl 1M ........ .idc. Not ovallable in all ."la, Initial. DOlt of Binh ~~~~~~:::i:=~ur~ autborizm 10 dxck my adt ami esJJPIo1mml hioIo1y, This ol\'er is ~ ~Iz._ t, 7l~ 10-&- 17 ~~ DOlt 11> _01 ~ ,- pnw;.;. .U infdnfUltUm _ad. Timothy II. Hoon 1237189975722 015 003 1237'3 1 197 237 1 004 35385 003 L VERIFICA TIOH The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. S4904 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 Plaintiffs 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. \:/30" \P ( ~~~ ~ C":.) ~ ^ lr? l "1 . ~ ~ 1I1 In ~ D 6' is -U ~ "1 ~ p: :c> +- ~ (') .......;, c ~:: D ., ~ en 11 -,~ .~ -r- l _.L~. 11 rnF fll Cj (~'J (;) -- G' -,-" '"~ l,' c,) ,;; .-n 01 ~D -...l -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DiVISION CAP IT AL ONE BANK, Plaintiff No. 06-6643 CIVIL TERM VS. PRAECIPE FOR DEF AUL T JUDGMENT TIMOTHY E NOON Defendant 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, P A 15219 (412) 434-7955 WWR#05467385 Judgment Amount $ 4249.63 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. 06-6643 CIVIL TERM TIMOTHY E NOON Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, TIMOTHY E NOON above named, in the default of an Answer, in the amount of $4249.63 computed as follows: Amount claimed in Complaint $4035.13 Interest from NOVEMBER 2, TO JANUARY 16, 2007 at the legal interest rate of25,9% per annum $214,50 TOTAL $4249,63 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.] on the dates indicated on the Notices, WELTMAN, WEINBERG & REIS CO., L.P.A. By: WILLI T, MOL ZAN, PA 1.0,#47437 Weltman, Weinberg & 2718 Koppers Bldg, 436 Seventh A venue Pittsburgh, P A 15219 (412) 434-7955 WWR#05467385 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co" L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 521 BRIDGE ST # 2F, NEW CUMBERLAND,PA 17070 IN THE COURT OF COMMON PLEAS CQMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ,CAPITAL ONE BANK Plaintiff Case #: O~- ~(, Lf~ C~I;( itlt~ TIMOTHY E NOON Defendant(s) rlvtPORTANT NOTICE TO: TIMOTHY E NOON 521 BRIDGE ST # 2F NEW CUMBERLAND,PA 17070 \ \L,- \~1 Date of Notic~: WWR#: 05467385 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COqRT 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 INFOR!4ATION 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 BEPFORD STREET CARLISLE, PA 17013 (717) 249-3166 'RODT, , HESQUIRE .. 2524 EINBERG & REIS CO., L.P.A. ERS SLDG, 436 7TH AVE. RGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Case no: 06-6643 CIVIL TERM Plaintiff NON-MILITARY AFFIDAVIT vs, TIMOTHY E NOON 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 In accordance with the Servicemembers' Civil Relief Act (SeRA), 50 U,S.C. App, S 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, TIMOTHY E NOON 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, TIMOTHY E NOON is not in the military service, Further Affiant sayeth naught. AFFIANT y presence this ~ay COMMONWEALTH OF PENNSYLVANrf'. Notaria'3Bal ._,..", , Wendy L. Gault, Nn'3rV "'lJOilc I City Of Pittsburqr,'c\!'POhenv County My Commissior: i=>:OtrH'JUIY 15, 2010 Member, Penns\l" '""'~-;;o';',~ "011 of Notaries 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 . Military Status Report . Pursuant to the Servicemembers Civil Relief Act JAN~16-2007 08:10:12 < Last Name First/Middle Begin Date .1 Active Duty Status 1 Service/Agency NOON TIMOTHY 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 ofthe 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, ~~. ~-f1k,... Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, V A 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. #167;#167; 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 ofDOB, 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;l/}YW}Y.defensJ~linkJJJ.iJ!faqLpis/PCQ9SL.QR.html 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 1/16/2007 Request for Military Status Page 20f2 by the requester, Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:BMOIDETWKTV https :llwww.dmdc.osd.mil/scral owalscra.prc _Select 1/16/2007 t; ~ ~ ~ ~ ,.. ~ - ~ ....::t "-0 W , "'l ~ 1. ~ w ~ ).J C> 4- ~ ~ ..Q . \) C> ~ P +- .f-- ( -- ,-., ~ ~ ....' C-" ~ -J :1-n ;:. S:; rll F ~ -0 OJ. N ~~~~ ?;) c...:> -c., -c, '- .. Ii 5C ~'-~~~~A -- 9, - ., dE N :...::. o IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION CAPn AL ONE BANK, Plaintiff vs, Civil Action No, 06-6643 CIVIL TERM TIMOTHY E NOON Defendant NOTICE OF JUDGMENT OR ORDER TO: () Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order pr Ju?gment was entered ~ainst you on ~ ;:) 1. d..-Cx)'( I (xx) Assumpsit Judgment in the amount of$4249.63 plus costs, () Trespass Judgment in the amount of$_ plus costs. () Ifnot satisfied within sixty (60) days, your motor vehicle operator's license and/or registration wiII 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 TIMOTHY E NOON 521 BRIDGE ST # 2F NEW CUMBERLAND,PA 17070 ::t~ PRO ONOT . Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P,A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 1-888-434-0085 SHERIFF'S RETURN - REGULAR CASE NO: 2006-06643 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS NOON TIMOTHY E GERALD N WORTHINGTON , Sheriff or Deputy Sheriff f cumberland County, Pennsylvania, who being duly sworn acco to law, says, the within COMPLAINT & NOTICE was served upo the NOON TIMOTHY E ADD'L DEFENDANT, at 1829:00 HOURS, on the 6th day of Dec er , 2006 at 521 BRIDGE STREET # 2F NEW CUMBERLAND, PA 17070 by handing to TIMOTHY E NOON a true and attested copy of COMPLAINT & NOTICE tog her with and at the same time directing His attention to the conte s thereof. Sheriff's Costs: So Answers: Docketing 18,00 Service 14.96 Affidavit .00 Surcharge 10.00 .00 1/1'1/0'7 0- y/ 42.96 00/00/0000 Sworn and Subscibed to By: before me this day of A.D.