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Home My WebLink About07-18044 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Vs. ARCHIE T STROUD III Defendant No: COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WE1:NB11,RG & REIS CO., L . P . ^> . 436 Se?rert.th Avenue, Suite 2718 Pittsburgh, PA 1521.9 (412) 434-7955 FAX: 412-338-7130 05467578 C A Pit SGM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No ARCHIE T STROUD III 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: ARCHIE T STROUD III P.O. BOX 285 SHIPPENSBURG, PA 17257 3. Defendant applied for and received a credit card bearing the account number 5291151543262750 . 4. Defendant made use of said credit card and has a current balance due of $3367.72 , as of February 09, 2007 . 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 25.900% per annum on the unpaid balance from February 09, 2007 . 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 , ARCHIE T STROUD III , INDIVIDUALLY , in the amount of $3367.72 with continuing interest thereon at the rate of 25.900% per annum from February 09, 2007 plus costs. JWarmbrodt,42524 WWEINBERG & REIS CO., L.P.A. 4e th Avenue, Suite 2718 Pr h, PA 15219 (/4) 3 -7955 F -338-7130 0 8 C A Pit SGM This law firm is a debt collector at em ing to collect this debt for our client and any information obtai e will be used for that purpose. Surf up to 5X faster m FREE Acceierainr, for the first 12 n on6tst - 1-888-587-9669 Mention Offer Code: COIN Visit www.peoplepc.com/go/coin UNLIMITED0V INTERNET ACCESS PeoplePC Online offers the features you would expect from higher-priced Internet Service Providers, including: Virus Protection Powered by Symantecr" ''0 OUD Pop-Up BiockerT"^ Spam Controls Smarter Smart Dialer Technology More Email Addresses ® Internet Call Waiting Capital Qw° Account Summan Previous Balance $1,672.96 Payments, Credits and Adjustments $.00 Transactions $64.00 Finance Charges $37.64 New Balance .60 $1,774 Minimum Amount Due =1,774.60 Payment Due Date December 19, 2003 Total Credit Line $600 Total .Available Credit $.00 Credit Line for Cash $800 Mailable Credit for Cash $.(K At your service T. aB C-.er Rdations or u. report a lost oc stolen nrd: 1-800-608-5227 For fro online amount -ice and sped.) --e off- tog mi to: wM"a'. Int-1 1- Send paymenu to: Smd mquirie ro: Attn: Renitnoc. Processing Capin) One Smim Capin) One. Service P.O. B. 85147 P.O. B. 85015 Richmond, VA 23276 Ridanond, VA 23285-SOL GOLD MASTERCARD ACCOUNT OCT 2(, - NOS' 29,200 5291-1`15-4326-2750 Page 1 of i Payments, Credits and Adjustments This is on, third and final notice that you, account is serious)., past due. Pavmenr. must be received within 72 hours tc avoid action by our collection department. Transactions 1 20 OCT O\rERLIMIT FEE $29.00 2 19 NOV PAST DUE FEE 35 00 Yom request to close vour account has been received. Four account wil) be closed when h reaches a $0 balance. Until then. you will continue to receive statements and must continue to make Payments. All terms and conditions of the account will appli, while a balance remains. Please remember to cut your cards and cane all charges which automaticallv bill to vour account. You were assessed a past due fee of $35.00 on 11,'19'2003 because vour minimum Payment was not received by the due date of? 1/19/2003. To avoid this fee in the future, we recommend that you allow at least 7 business days for your payment to reach Capita One. s -I 0 -I Finance Charges Plemr.ree revn rude fm imgo c ant in(osmation ? Bdanrr.?r Pnirdu 6 C77 ?mpcae:r n ,ar R l-f1AKlrL. ' PURCHASES $1567.64 .07096% 21.90% 534 48 CASH $15255 .070%% 25.90% . $3.36 ANNUAL PERCENTAGE RATE applied this period 25,90% PLEASE RETURN PORTION BELOW WJTH PAYMENT. Caplftlow 0000000 0 5291151543262750 19 1774800100001774809 New Balance $1,774.80 Minimum Amount Due E1,Tii4 BO Payment Due Date December 19, 2013 Total enclosed $ ? AccountNumber 5291-1515-4326-2750 PiraseP.int mau'ia; admen and?or .,-mall: rimga brioa.rain., niw w ciar2 mG. aye . A., t sou Zir. come ?non., .4irema?r Pnom #90324245438919779 MAIL ID NUMBER Capital One Banh m ARCHIE BESTROUD II_ F.e. Boa 85147 IJt.LdItrLLt.l61 ?^ ? PO BOX Riciunond, VP. 23276 •-' o CARLISLE PA 1703-08E3 {u{t{ullmltllalitllnllutlltul{utllml{ntllml{ail ° ? lutllin.lllanal)nl{.Ilut{ultinlntll.{n{ml{tlu{.I Plearr v»itr your arcounl numAn or. trout check or money order made Davablr to Capita.' Gae Bank and mai. in the enrioredenveirpe. peoplepc- online A better way to Internet. F ,j r pp, ,c- online Po Ba ss A better way to intemet, CARLISLE PA 17C,30883 UNLIMITED INTERNET ACCESS 1-888-587-9669 Mention Offer Code: COIN Visit www.peopiepc.com/go/coin PeoplePC is solely res tonsibls fo' this offer, and is not affifatec wit? Capital One. Capital One doss not provide, endorse or guarantee. and is rwi affiiated wtth, any product or service mown here. Any trademarrcs mentioned hew, are solely owned tw the re5DeCh" entex Ali fights reserved. by respontfing to ties offs;. you may be communicating information above yourself is tins company the! prpvicee this omouct - for example. trial you ar a Castile'. 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Teieohone toli charges wit appy, even during Thal periods. You are remonside for derermining wnetner a cal! to one of our access numbers will resuh in tere trione toi charges. Accea may be ilmmed, especially during tines of peal; usage. Dla-up numbers may be crlang it at PenpleK, dlscrefion. COnfmucrus use SUDISCI 10 tor"I procedures. All use it subject to PeppleFC Onlinirs Services Aoreante: antl Acceptable Use Policy. 56K is the maxmum speed of semace; actual speed may vary. 0L? Peopr P; Inc AI'. Rights Reserves. eeoc ePC Cmifne arm As iogos are pademarks o` PeopePC Ir Ire U .S and oth e countries. C 2005 Capital One Services. Inc.:aohal One is a federally maisterea servIcs marl AI' rignts reeervsd. 1 fbw To A-W A Fnaae pugs. lid ta. Ta• Paisd. You 'll haw -a mrre m ram period of periodic rare. o obtain the average daily balance lot the billi d you, account if u has alre&dy been closetl. For exemble r ?g 25 tle on vs thou; finance dredge purchases, new ng PA.. -re by this neiament, we site the begirnng balance of each sagrnem each tlay add any new is you auMrorized a Purchase from a merchant and we receive The transacti f h baNrMe trahaters, new apes t purchases and new star ' a ' , Treraearorrs [e each se{Pnem, and edmrea any payments on rom t e merchant after your account has been Dosed. your accOUn1 Will ba reopened charges B you pay your Total New Balance , in d i h or crertim, (It the code N appears on the from of INS the amount of ire charge will be added to your a-- ; accor ance w t the Important Notice for pey-S below, rid in time for it to be c I dit d b stmamem tie Io 'Balance Rate Applied To,' we also anti you will be resporaible for payment . It rare is a liallaaaaa .. re e y your next stmemont dosing date. Tare is rag ace period on man advances sublrum any unpaid finance charge included in the balance of each sag em ) TNa gives us the daily balance of each embership fee tin your account, [he fee will. conunue it b t th h d and sPsdal Imnetets. In addition:. there m - grace period ' . segment. Tan, we cod ruP II the deity aelaraes for each e c arge o . e -ent permitted by law, midi the account balance has been paid in its as defirad above - on any transaction if you do Trot pay the total New xgmeni for the billing period and divide by the tnuo . '. Umg Your Aacautt.YOS card or accourn armor be - C. A Iarae fig Fiance Charge. Iterssamns Which are not number of days in the billing period. Title gives us the average daily balance of each xgmenr used in connearon with any rmerrer gambling [ransaaim5 subject to a grace Period are assessed finance charge 11 . 3. Annual Paresrrtage Ross IAPRI. . = '.. from the date of the transaction or 2) from the date the a. The term 'Annual Percentage Rate' may appear as BILLING RIGHTS SUMMARY transaction is processed to your Account or 31 from the first calendar day of the conent billing period. Additionally 'APR' on the tront of this slat-- It V the code P (Prime) L (3-mo LIBOR) C (Certifi t f (In Case Of Errors Or Questions About You, Bill It Ri k l , if you did rot pe the 'New Balance , ' from the previous , . , ca e o Deposit), or S (Benkrard Primal ppeam on Me front of r" you n your bil is wrag, or if you need more i hummer - a tra nsaction or bill write To us on a billing period in full, fihame, charges CbhhrerE to aschas io INS statement next To the, periodic ratelsi, The. pefi c , separate snit all a- as Possible m The adtlreas for e' your unpaid bslaraou e unil die unpaid balance is paid m full. ? j TNa means that y may atilt owe finance char es even it rates and corresponding ANNUAL PERCENTAGE RATES l inoiriss sfawn - the front ut INS ataTemem . we mum g , liallaaaaaa, you pay ITS emit re New Balance indicated on the from of may van, quarter y and may increase or decneax based on the stated indices, as found in The Wall Sfreer hear tram You rig rarer than 80 days attar vve sent you the first bill on vatich lire error or problem appeared. You can l j your statement by the pea Statement closing date, but did rat do so for the p evious month Unpaid finance charges Journal, pus the margin. previously disclosed to you. These changes Will be eflamlye on The first ba of our call our Customer Relation[ rrumbar, bu old hap wig rro reserve fi I h ( are added 10 The applicable segment of You Account c. Marimum Fsrama Chaps For each billin eriod that y y TIT lip peno0 covered b g 9 Y pour periodic eerdln i h h P p your g ts. n your enter, g an, u the following mfortna[im : your name are acco r l number, the dollar . g p your account is E to a fiance dredge, a minimum n t e mot s rimary. Moll, Juv and October c lit , F (1-mo. LIBOR, or r G G (3 13 . the code D o am arm o7 the so ease, a description the the arrm and an explenabon it if Possible why you believe them I. HAR = Total HN. ce (BARGE of 50.50 will ba dmposetl. 11 Me [out fia e h l i M n y appeara s or, ts the hoer of of your LIBOR Re need d d h . . an error; or it you need more information , a deserip[ion of n nc c ange resu ting ron the application of your ro ds utelsl s l th $0 50 i pa statement To t e 1he pU raters), the periodic retea [ hE i te m You are unsure About. You do ran have to pay any p ess an i . , we co l: itmen t tat moon: from the $0.50 minimum acrd the dttererrce will be AL P and corresponding ANNUAL PERCENTAGE RATES may vary mrxnNy era may increase or tlecreeae ba9etl on the amg in question while we are inves[igenrg fi, M you are will oblipatetl to pay The arts 01 our bill that n lialiallas billed o the purchase ?ap?eh? of your account ? ' R ut ifie d d slated incices, es found in The Wa4 Street Jouanaf, e p y are ra " i y up ' l i . f empgnay . or in Fierces, Chases. We reserve the uc ghI In rot assess any or all finance char es for i the margin previously died oxtl to You. Ttreae chang s I ba ff i report You as tld lrrqueh, Dr e l re ah v ec[ion io gollem Me g any g ven billing period - e ect ve on the first day of ywr billin of g ?ri eear mouh amolmr you ques[ron. 2. a Balance IMtlutlip Now N . d. PAenameaa of Leta, ovahma antl R.Su nad Paymas Fwc ' fing the . Rhan a charge III a. lance charge is a[ muddying the daily VOUI account will be aseeesed to more than two of the fees i. r Special Rule For Credit Card Purchases gment of o e' advance of each Segmental matt your e le.g., cash listed here that occur during any billing pencil. Under the r and adv special l transfer, and , p ur l ance, p chexl terms of your customer agreement, we reserve the Tight to If you rove a Problem with tea q-Ih, of property or he by the -responding -responding g daily periodic reels) trim ha6een b waive or sot to assess any fees withou prior rrotificavori to services tat You Purchased With a credit card and you - Pnewaraly discloses to you Ai the era 01 eadt day dung you without wslwng our right to auesa to same or similar bava rnmf in good taint to cones the problem With me we baling pence, e apply the tlsav penodc rate to each feu et a Inter time. manna m, you may have The right dot to Tray the remaining = Saginaw. of You account To the daily balance of each 5.tRSnawirp Your Amount. It a membership fee -mourn due on the property or services. You hove this segment. Than AT the end of The billing partied, we add up appears ch the fight at this mammem, you have 30 proreaion only when The Purchase price was more then = to reaWts of these daily calculations to arrive AT you days from the dare this statement was mailed to you To S50.00 and the purchase was made in your lame scare or penodc fihance charge for each segment. We add up the avoid paying the tee an Io nave nrdr fee cradled To Y- within 100 miles of you mailing Adtlress. (It we own or results from each segment To amW a1 the total penodc if yogi cancel your account. Dung this Period. you may operme me, merchant, or It we mailed you the = fnance charge Tor -1 mxxnm. To get the daily balance continue to - ygur account without having 10 pay the Advent---or for Me property or Services. all Durchasers for each segment of your account, we take the bepimmng membership am. To carrcm your accoum, yal mean a covered regardless of amour, of location o: purcnaee.i balance for each segment and add any new hanseaiors amity rod by calling wr Customer Retail- Department Please remember to sign all -meapandence art any periodic finance charge calculated on the previous ' or pay your 'New Balance' in hail texduding the day s balance for than eagnrent. We Then aubtraa any embmehip fee) prior I. the en0 of the thirty-day period. -r Does ear apply to consumer sea-credir card ---es paymerrTS or Credits posted as o1 Ihet day that are allocated 6. If Yew Cks• your Aeannt. You Can quem to dose To Tturn segment . This gives is the separate daily balance Your account by calling our Customer Relations I Does -1 apply to nosiness rrnn-cradle dead, -mums, for each Segment of your Account However, it you paid The Department. You mum demo, Your credit ardls) and New Balance 9frown on your DraNOUS naT6mAM in i (or d our raw b I Cmwl access checks, cancel all realudronZetl NBI? g ? Ce One upp im0 n nvacv roteairm' e Y rice was zero or a credit amount), new l uans5ctiora which our to vwr purchase or special as cease u ? your account If yo a do not under pfirs iretl bllli arts ri n ill i lds w - -Min p p . see ar: weoste t .capitalarecom. purchase segments are ner added to the daily balances We g ganshil we w cons der recei t of a h i Casimir One is federally regiatered senate mark of Capital . . calculate the average dairy balance by aiding 911 he dail p c arge your authorizat on to reopem Your comm Additi ll One Rn tial Gomoration. All rights reServed. a ?003 y Wlances together are dividing iha sum by the -,bar o1 . ona y, your account will rem be closed ntil ll Capital One the days in ifs cunem billing cycle. To calculate your total finance charge, mruttrOly your average daily balance by the tD u you pay a ameunrs you ovre es irxiudilg. any ter -drime, You have audafized, finance charges, Pas! due tees. dimir tees. Turned paymentfeea, teen daily periodic rate and by to number of de ve ih the billing advance fees and any mfar tees asaeased to your p period. Due [a rgdardrg on a daily basis, there may be account. You are responsible for thew amouss whether 4igrnt valiance atweerl INS calculation antl the amount o1 C l they appear on vUnr account at the lime you requern to ' fn charge actually assessed. close the accushot or They are incurred Subsequent to If the code Z or N appeaN tha front of INs st lament ' you request to dose the account. This may result in pea lg Belanc pate APWiad To, vve umiply the cargos appee ring on your a cant after vw five I a daily hat ce of on Se b vo tN requested the co to ftdosed th ooe a of Uf LGLBAK 3115M ImWrtWK riatiam Your Whimant will be cfed[ed to Your accouldr, as m the dale we receive it, provided you send the bottom concern of INS suiement and your check in me enclosed rrmihance envelope, and your paYme rn is received in our Ixoce emng center b, 3 p.m Paymens addressed To our Vivo- or Georgia Prominent ce nter mum be heceiyso on a bustness day by 3:00 p.m. ET. Payments atltlreaxtl he our Wasting[on processing center mum be reccyetl on a huirreas tley by 3:00 p.m. PT Please allotla w at lean, five (51 business days for pone! deiverv. Payments received by us at any oths: location or in another form may rim ha credited the Same day we receive them. Our business ve are Montlay through Saturday, exciuchm holidays. Please do nor use naPies, paper cries. etc. when. interesting your paymem. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is -Sara Rubin / (NAME) Agent of nK , plaintiff herein, that (TITLE) (COMPANY) he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and WWR# ds `/67 S _7& (SIGNATURE) V` L *143 0 ?J w b -? 1 C? C C>3 Cr t7 ^-?C 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. ARCHIE T STROUD III Defendant No. 07-1804- CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C WARMBRODT, ESQUIRE PA I.D. #42524 WELTMAN, WEINBERG & REIS, CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05467578 • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 07-1804- CIVIL TERM ARCHIE T STROUD III Defendant PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By: JAMES C RMBRODT, ESQUIRE PA I.D. #,425 4 WELTMAN WEINBERG & REIS CO., L.P.A. 2718 Kopp rs Building 436 S,ve Avenue Pittsbur , PA 15219 (412) 4 4-7955 #05467578 ?c) 7 •? -rt :. SHERIFF'S RETURN - REGULAR CASE NO: 2007-01804 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS STROUD ARCHIE T III MEGAN MARLOW , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STROUD ARCHIE T III the DEFENDANT , at 1843:00 HOURS, on the 9th day of July , 2007 at 133 KLINE ROAD SHIPPENSBURG, PA 17257 by handing to TRACY STROUD, WIFE 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 18.00 Service 18.24 Affidavit .00 Surcharge 10.00 .00 7/23/6^7 46.24 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 07/10/2007 WELTMAN WEINBERG REIS By: uty Sheriff A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. ARCHIE T STROUD III Defendant No. 07-1804- CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W W R#5467578 Judgment Amount $ 3,876.79 THIS LAW FIRM IS AT EMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAI ED WILL BE USED FOR THAT PURPOSE. I I IN THE COURtOF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. ARCHIE T STROUD III Defendant TO THE PROTHONOTARY: Civil Action No. 07-1804- CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, ARCHIE T STROUD III above named, in the default of an Answer, in the amount of $3,876.79 computed as follows: Amount claimed in Complaint $3,367.72 Interest from FEBRUARY 9, 2007 TO SEPTEMBER 10, 2007 at the legal interest rate of 25.9% per annum $509.07 TOTAL $3,876.79 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. V By: _1 1i" WILLIAM T. MO ZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W W R#5467578 Plaintiff's address is: c/o Weltman, Weinberg & Reis o., L.P.A., 2718 Koppers Building, 436 7"' Avenue, Pittsburgh, PA 15219 And that the last known address f the Defendant is: 133 KLINE RD SHIPPENSBURG,PA 17257 IN THE COMMON PIJEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Case no: 07-1804- CIVIL TERM Plaintiff vs. ARCHIE T STROUD III 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. i Affiant further states that based upon investigation it is the affiant's belief that the Defendant, ARCHIE T STROUD III is not in the milit ry service. Affiant further states thaj this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, ARCHIE T STROUD III is not in the military service. Further Affiant sayeth naught. AFFIANT jZgy?7 SWORN TO N SUBSCRIBED in my presence this day of N RY PU C G acs '?r'3d'? F'`?hi F'y c e ?a This law firm is a debt collect r attempting to collect this debt for our client and any information obtained will be used for that purpose. I Request for Military Status Department of Defense Manpower Data Center Military Status eport Pursuant to the ?ervicemembers Civil Relief Act i Page 1 of 2 SEP-10-2007 11:03:00 < Last Name First/Midd a Begin Date Active Duty Status Service/Agency STROUD ARCHIE T 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 informa ion data banks of the Department of Defense Manpower Data Center, based on the information that you rovided, the above is the current status of the individual as to all branches of the Military. Ah? Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-25931 The Defense Manpower D to Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enr llment 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 abov , 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 "d$fenselink.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 yo . If you obtain further infor ation about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit yo r request again at this Web site and we will provide a new certificate for that query. This response reflects curr?nt active duty status only. For historical information, please contact the Military Service SCRA po nts-of-contact. See: 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 9/10/2007 Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: KHYXBXRALE https://www.dmde.osd.mil/scra/owa/scra.prc_Select 9/10/2007 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff iI ARCHIE T STROUD III Defendant(s) IMPORTANT NOTICE TO: ARCHIE T STROUD III 133 KLINE RD SHIPPENSBURG,PA 17257 am Date of Notice :1?? " /j WWR#: 05467578 Case # c - A 7 - (f`) L 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 WI'HIN 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 CANNO' 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 SIRVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD TREET CARLISLE, PA 17013 (717) 249-3166 BY: "z'L 1A iAM PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 io 61- c" i-z 00 W W 2s r??'? ?[? J W :, Ferri IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff vs. Civil Action No. 07-1804- CIVIL TERM ARCHIE T STROUD III Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Jud ment was entered against you on p (xx) Assumpsit Judgment in the amount of $3,876.79 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 PROTHONOTARY (OR DEPU ) '0X6 i ARCHIE T STROUD III 133 KLINE RD SHIPPENSBURG,PA 17257 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