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HomeMy WebLinkAbout07-2506IN THE CCuRT OF COMMON PLEAS CF CUMBERLAND COUNTY, PENNSYL,TANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. TERRY L SOLA Defendant No : 4n 7 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 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05828552 C N Pit SGM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No TERRY L SOLA 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 140 EAST SHORE DR GLEN ALLEN , VA 23059 2. Defendant is adult individual(s) residing at the address listed below: TERRY L SOLA 143 HENRY RD ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number 5178052516076508 . 4. Defendant made use of said credit card and has a current balance due of $2536.16 , as of April 06, 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 Plaintif f . 6. Plaintiff is entitled to the addition of interest at the rate of 27.740. per annum on the unpaid balance from April 06, 2007 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1" 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 , TERRY L SOLA , INDIVIDUALLY , in the amount of $2536.16 with continuing interest thereon at the rate of 27.740, per annum from April 06, 2007 plus costs. Y - James Warmbrodt,42524 WELTMA,& WEINBERG & REIS CO., L.P.A. 436 Sove th Avenue, Suite 2718 Pittdbur h, PA 15219 (412, 43 -7955 FAX;1' 412-338-7130 058855 C N Pit SGM This law firm is a debt collector attetpt' g to collect this debt for our client and any information obtain1d ill be used for that purpose. • •? peoplepu online . %1__-11 A better way to Internet. Aft J Surf up to 5x fasterlith FREE Accelerator for the" f2 nhonthst-a $W value! 1-888-587-9669 ?? • • Mention Offer Code: DOLLAR Visit www.peoplepc.com/go/dollar Capitalowo Account Summary Previous Balance $2,118.23 Payments, Credits and Adjustments $.00 Transactions $35.00 Finance Charges $48.83 New Balance $2,202.06 Minimum Amount Due $2,202.06 Payment Due Date January 11, 2006 Total Credit Line $1,500 Total Available Credit $.00 Credit Line for Cash $1,005 Available Credit for Cash $.00 At your service To call Customer Relations or to report a lost or stolen card 1-800-903-3637 Send payments to: Send inquiries to: Attn: Remittance Processing Capital One Bank Capital One P.O. Box 790216 P.O. Box 30285 St. Louis, MO 63179-0216 SLC, UT 84130-0285 Important Account Information It's Capital One Bowl week time again! Tune in to ESPN and ESPN2 starting on December 20 for the best in post-season college football action to see your favorite teams fight for bowl championships. And on January 2 at 1 pm (ET), be sure to tune in to ABC to watch the Capital One Bowl live from Orlando, Florida! w3 UNLIMITED INTERNET ACCESS PeoplePC Online offers the features you would expect from higher-priced Internet Service Providers, including: ® Virus Protection powered by symantecTm ® Pop-Up BlockerT. `Q Spam controls ® Smarter Smart Dialer Technology 4 More Email Addresses ® Internet Call Waiting PLATINUM MASTERCARD ACCOUNT 5178-0525-1607-6508 NOV 12 - DEC 11, 2005 Page 1 of 1 Payments, Credits and Adjustments Transactions 1 11 DEC PAST DUE FEE $35.00 As a valued Capital One customer, you are eligible to receive a free Year-End Summary for this specific account that recaps your 2005 charges, provided your account is in good standing and you have made transactions during the calendar year. Please call 1-877-794-4487 before January 31, 2006, to reserve your copy for this account. Orders will be mailed out by the end of February 2006. We appreciate your business and you deserve great benefits. Wed like you to know that your Platinum card benefits have been updated. For details, visit www.capitalone.com/c reditcards and dick on the Guide to Benefits link. Thanks for choosing Capital One. You were assessed a past due fee of $35.00 on 12/11/2005 because your minimum payment was not received by the due date of 12/10/2005. To avoid this fee in the future, we recommend that you allow at least 7 business days for your payment to reach Capital One. L"AL,IT i?Finance Charges Please see reverse ride for important information Bat K rate Prr odu C e din8 span a 3aplied to rate /IPR ?? to PURCHASES $960.51 .07600%P 27.74% $21.90 CASH $1,181.22 .07600%P 27.7496 $26.93 ANNUAL PERCENTAGE RATE applied this period 27.74% PLEASE RETURN PORTION BELOW WITH PAYMENT V CapftaloW- 0000000 0 5178052516076508 11 2202060050002202061 New Balance $2,202.06 Minimum Amount Due $2,202.06 Payment Due Date January 11, 2006 Total enclosed $ Account Number: 5178-0525-1607-6508 Please print mailing address and/or e-mail rhsngu helm rating blue or Mark ink. Sttcct Apt. # City ZIP Home Phone Alwn- Phone #9034554658438939# MAIL ID NUMBER Capital One Bank TERRY L SOLA P.O. Box 790216 I1 1 ll?'?IIIIIII'111I1I 143 HENRY RD St. Louis, MO 63179-0216 ENOLA PA 17025-2137 Please write your account number an your check or money order madepayable to Capital One Bank and mail in the enclasedenvekpe. r ysa gZ? d peoplepu online %? A better way to Intemet. UNLIMITED INTERNET ACCESS 1-888-587-9669 nrwh ... Mention Offer Code: DOLLAR Visit www.peoplepc.com/go/dollar P11006PC is solely responsible for this offer, and is not affiliated with Capital One. Capital One does nol provide, endorse of guarantee, and is not affiliated with, any product or service shown here. Any trademarks mentioned herein are solely owned by the respective entity. All rights reserved. By responding to this oiler; you may be comnsoricating information about yourself to the company that provides this product - for example, that you are a Capital One customer. 'Peopii Online first 3 months are billed at $4.97 per month; $9.95 per month thereafter. Offer available to new dal-up subscribers at least 18 years of age and may not be redeemed with any other offer. Offer subject to charge at any time. Phone technical support avai:able for $1.95 per mnule. tAccelerator is free for 12 months. Offer good for limited time. 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AG use is subject to PeoplePC Orline's Services Agreement and Acceptable Use Policy. 56K is the maximum speed of service; actual speed may vary. ® 2005 PeoplePC Inc. Ali Rights Reserved. PeoplePC Online and its logos are trademarks of PeoplePC in ft U.S. and other countries. 0 2DO5 Capital One Services, Inc. Capitol One is a federally regiarered service mark. All rights reserved. 0 O N N m? M ' v N periodic rate. To obtain the average daily balance for the billing period covered by this statement, we take the beginning balance of each segment each day, add any new transactions to each segment, and subtract any payments or credits. (It the code N appears on the front of this statement next to ' Balancce Rate Applied To,' we also subtract any unpaid finance large included in the balance of each segment.) This gives us the daily balance of each segment. Then, we add up all the daily balances for each segment for the billing period and divide by the total number of days in the billing period. This gives us the average daily balance of each segment. 3. Annual Percentage Rates IAPRI. a. The term "Annual Percentage Rate' may appear as 'APR' on the front of this statement. b. If the code P (Prime), L (3-mo. LIBOR), C (Certificate of Deposit), or 5 (Sankcard Prime) appears on the front of this statement next to the periodic retells), the periodic rates and corresponding ANNUAL PERCENTAGE RATES may vary quarterly and may increase or decrease based on the stated indices, as found in The Wall Street Journal, plus the margin previously disclosed to you. These changes will be effective on he first day of your billing period covered by your periodic statement ending in the months January, April, July and October. c. It the code D (Prime), F I1-mo. LIBOR) or G (3-mo. LIBOR Repriced Monthly) appears on the front of your statement next to the periodic Telco), the periodic rates and corresponding ANNUAL PERCENTAGE RATES may vary monthly and may increase or decrease based on the stated indices, as ford in The Wall Street Joumaf, plus the margin previously disclosed to you. These charges will be effective on the first day of your billing period each month. 4. Assessmsd of Lat., Ovrlimit and Renamed Payment Fees. Your account will be assessed no more Than two of the fees listed here that occur during any billing period. Under the terms of your customer agreement, we reserve the right to waive or not to assess any tees without prior notification to you without waiving our right to assess the same or similar tees at a later time. 5.tRenewig Yw Accout, If a membership fee appears an the from of this statement, you have 30 days from the date this statement was mailed to you to avoid paying the fee or to have such fee credited to you it you cancer your account. During this period, you may continue to use your account without having to pay the membership fee. To cancel your account, you must notify us by calling our Customer Relations Department and pay your 'New Balance' in full (excluding the membership fee) prior to the end of the thirty-day period. 6. If You membership Your Account. You can request to close your account by calling our Customer Relation Department. You most destroy your credit card(s) and account access checks, cancel all preaudhorized billing, and cease using your account. If you do no cancel preauthorized billing arrangements, we will conaider receipt of a charge your authorization to reopen your account. Additionally, your account will not be closed until you pay all amounts you owe us including: any transactions you have authorized, finance charges, past due fees, ovedimit fees, returned payment tees, cash advance fees and any other fees assessed to your account. You are responsible for these amounts whether they appear on your accoso at the time you request to close the accwm or they are incurred subsequent io your request to close the account. This may result In charges appearing on your account after you have your account it it has already been closed. For example, it you authorized a purchase from a merchant and we receive the transaction from the merchant after your account has been closed, your account will be reopened, the amount of the charge will be added to your account, and you will be responsible for payment. If there is a membership fee for your account, the fee will continue to be charged, to the extent permitted by law, until the account balance has been paid in full as defined above. 7. Using Your Aceeutt.Your card or account cannot be used in connection with any internet gambling TrarLSactlons- 8. Notice About Electronic Check Conversion. When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer tram your bank account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your bank account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. BILLING RIGHTS SUMMARY fin Case Of Errors Or Questions About Your Bill) If you think your bill is wrong, or if you need more information on a transaction or bill, write to us on a separate sheet as soon as possible at the address for inquiries shown on the front of this statement. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can call our Customer Relations number, but doing so will not preserve your rights. In your letter, give us the following information: your name and account number, the dollar amount of the suspected error, a description of the error and an explanation, if possible, of why you believe there is an error; or if you need more information, a description of the item you are unsure about. You do not have to pay any amount in question while we are investigating it, but you are still obligated to pay the pans of your bill that are not in question. While we investigate your question, we cannot report you as delinquent or take any action to collect the amount you question. h,'r Special Rule For Credit Cam Purchases If you have a problem 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 merchant, you may have the right not to pay the remaking amount due on the property or services. You here this protection only when the purchase price was more than 950.00 and the purchase was made in your home state or within 100 miles of your mailing address. (It we own or operate the mercharn, or if we mailed you the advertisement for the property or services, all purchases are covered regardless of amount or location of purchase.) Please remember to sign all correspondence. t Does not apply to consumer non-credit card accounts f Does not apply to business non-credit card accounts Capital One supports information privacy protection: see our website at www.captalme.com. Capital One is a federally registered service mark of Capital One Financial Corporation. All rights reserved. 0 2003 Capital One Ol LGLBAK 1. How To Avoid A Finance Charge. to. Grace Period. You will have a minmum grace period of 25 days without finance charge on new purchases, new balance transfers, new special purchases and new other charges if you pay your total 'New Balance', in accordance with the Important Notice for payments below, and in time for it to be melted by your next statement closing date. There is no grace period on cash advances and special Transfers. In addition, there is no grace period on any transaction if you do not pay the total -New balance.' b. Accruing Finance Charge. Transactions which are nvt subject to a grace period are assessed finance charge 1) from the date of the transaction or 2) from the date the transaction is processed to your Account or 3) from The first calendar day of the current billing period. Additionally, if you did not pay the 'New Balance' from the previous billing period in full, finance charges centime to accrue to your unpaid balance until 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 statement by the next statement closing date, but did not do so for the previous month- Unpaid finance charges are added to the applicable segment of your Account. tc. Minimum Finance Charg.. For each billing period that your account is eci to a finance charge, a minimum total FINANCE CHARGE of 80.50 will be imposed. If The total finance charge resulting from the application of yaor periodic ratels) is less than 90.50, we will attract that amount from the 90.50 minimum and the difference will be billed to the purchase segment of your account. t d. Ternlowery Reduction in Finance Charge. We reserve the right to not assess any or all finance charges for any given billing period. 2. Average Daily Balance IlnckxkV Now Pcrdusesl. a. Finance charge is calculated by multiplying the daily balance of each segment of your account (e.g., cash advance, purchase, special transfer, and special purchase) by the corresponding daily periodic rate(s) that has been previously disclosed to you. At the and of each day during the billing period, we apply the daily periodic rate for each segment of your account to the daily balance of each segment. Then at the and of the billing period, we add up the results of these daily celculations to arrive at your periodic finance charge for each segment. We add up the results from each segment to arrive at the total periodic finance charge for your account. To get the daily balance for each segment of your account, we take the beginning balance for each segment and add any new transactios and any periodic finance charge calculated on the previous day's balance for that segment. We then subtract any payments or credits posted as of that day that are allocated to "T segment. This gives us the separate daily balance tar each segment of your account. However, if you paid the New Balance shown on your previous statement in fall (or if your new balance was zero or a credit amount), new transactions which post to your purchase or special purchase segments am not added to the daily balances. We calculate the average daily balance by adding all the daily balances together and dividing the sum by the number of the days in The current billing cycle. To calculate your total finance charge, multiply your average daily balance by the daily periodic rate and by the number of days in the billing period. Due to rounding on a daily basis, there may be a slight variance between rtes calculation and the amount of finance charge actually assessed. b. If the code Z or N appears on the front of this statement next to 'Balance Rate Applied To,' we multiply the impot arrt Notice: Payments you mail to us will be credited to your accont as of the business day we receive IT, provided (1) you send the bottom ponim of thus statement and your check in the enclosed remittance envelope and (2) Your payment is received in our processing center by 3 p.m. ET (12 neon PT). Please allow at least five (5) business days for postal delivery. Payments received by us at any other location or in any other forth may not be credited as of The 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. When you send us a check(a), you authorize us to make a one-time electronic transfer debit from your bank account for the amount of the check. This authorization applies to all checks received during the billing cycle even if sent by someone else. If we cannot process the transfer, you authorize us to make a charge against your bank account using the check, a paper draft or other item. VERIFICATION CAPITAL ONE BANK vs SOLA, TERRY L 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, MAISHA DAVIS, Authorized Agent, of CAPITAL ONE BANK, Plaintiff Herein, that he/she is duly authorized to make this Declaration, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. MAISHA DAVIS M,-,!RA PRIND E I',lotani Public Gwinnett County Georgia V-,E Cnr imi Sion Expires July 31st 2009 Notary 5178052516076508 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. r ?o c 0 N C) ( > cto SHERIFF'S RETURN - REGULAR CASE NO: 2007-02506 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS SOLA TERRY L JESSICA HERMANSEN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SOLA TERRY L the DEFENDANT , at 2025:00 HOURS, on the 1st day of May 2007 at 143 HENRY ROAD ENOLA, PA 17025 PAT SOLA, WIFE by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.40 Affidavit .00 Surcharge 10.00 5-/30/01 L 0_ .00 42 .40 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 05/03/2007 WELTMAN WEINBERG REIS By: U-- De "u Sheriff A.D. a V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. TERRY L SOLA Defendant No.: 07-2506-CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT 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. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5828552 Judgment Amount $ 3237.76 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. x IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No.: 07-2506-CIVIL TERM TERRY L SOLA Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, TERRY L SOLA above named, in the default of an Answer, in the amount of $3237.76 computed as follows: Amount claimed in Complaint $2536.16 Interest from 4/06/07 to 4/04/08 at the legal interest rate of 27.74% per annum $701.60 TOTAL $3237.76 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: /VV- =4C4.yA?BRODT, ESQUIRE 24 Weltman, ein erg & Reis Co., L.P.A 1400 Kop ers B g. 436 Seve th Av nue Pittsbur , P 15219 (412) 4 4-7 5 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 143 HENRY RD ENOLA,PA 17025 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff TERRY L SOLA Defendant (s) IMPORTANT NOTICE TO: TERRY L SOLA 143 HENRY RD ENOLA,PA 17025 Date of Notice: (- (?°'? WWR#: 05828.552 Case # 01- (L??? 1 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 BY: 1".V" atmm-C., PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Case no:: 07-2506-CIVIL TERM Plaintiff vs. TERRY L SOLA Defendant NON-MILITARY AFFIDAVIT The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, TERRY L SOLA 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, TERRY L SOLA is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN AND SUBS RI Ein my presence this U day of COti1MONWEALTt G PENNSYLVANIA NOTARY UBL =EmisL ar; al Leal nu'p, ih!o,'-sry?ubiic ,h, Af:r•gheny County xr7i; s July 15, 2.010 Member, Pennsyfaar,r ss siation 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 of 2 APR-17-2008 07:00:20 'K Last Name First/Middle Begin Date Active Duty Status Service/Agency SOLA TERRY L 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. 4but 14. 4?? Y"4_ Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink mil/faq/pis/PC09SLDR 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 4/17/2008 JU r ?-' ? w ? .y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff TERRY L SOLA VS. Civil Action No.: 07-2506-CIVIL TERM Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Jud ent was entered against you on (xx) Assumpsit Judgment in the amount of $3237.76 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: PRO HONOTA EPU ) TERRY L SOLA 1.43 HENRY RD ENOLA,PA 17025 Plaintiffs 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 CAPITAL ONE BANK, Plaintiff V. TERRY L. SOLA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-2506 Civil Action PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Evan C. Pappas, Esquire, and the law firm of Shumaker Williams, P.C., as counsel for Defendant Terry L. Sola in the above-captioned matter. SHUMAKER WILLI S, C. Dated:' By ( Evan C. Pappas, I.D. 2001 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Defendant :211417 CERTIFICATE OF SERVICE I, Evan C. Pappas, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify that I served a true and correct copy of the foregoing Praecipe for Entry of Appearance by depositing a copy of the same in the possession of the United States mail, first-class, postage prepaid, addressed as follows: James C. Warmbrodt, Esquire WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Dated: ?? Z,? etf, 'j By P.O. BOX 88 Harrisburg, PA 17108 (717) 763-1121 SH IA P.C. Evan C. Pappas rv -.r -1 - CT-1 -G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. TERRY L SOLA Defendant No.07-2506-CIVIL TERM PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT 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. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5828552 V IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 07-2506-CIVIL TERM TERRY L SOLA Defendant PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, Terry L Sola, in the amount of $2591.65 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., TERRY L SOLA, By: By; Attorney fa 1 'ntiff Defen nt WWR# 2855 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 07-2506-CIVIL TERM TERRY L SOLA Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, Terry L Sola, above-named, in the amount of $2591.65 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: Defendant admits indebtedness to Plaintiff in the amount of $2591.65 with continuing interest thereon at a rate of 6.0% per annum plus costs from date of judgment. 2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, Terry L Sola, in the amount of $2591.65 plus continuing interest thereon at the rate of 6.0% per annum from date of judgment and costs. 3. Plaintiff agrees not to execute on its Judgment so long as Defendant causes to be delivered to Plaintiff the following payments in full by 12:00 NOON on the following dates: (a) $50.00 due by 7/1/08; (b) $50.00 due on the first day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. 4. All payments are to be made payable to the order of "Capital One Bank" 5. All payments due under this agreement are to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., P.O. BOX 5430, Cleveland, OH 44101-0430. 6. In the event of default, each payment received shall be first attributed to costs, interest and then to principal. 7. Time is of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff or Plaintiffs counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. 8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is final and complete. 9. Intending to be legally bound, the parties set their hands and seals this _day of 20 WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. PA I.D. #425 WELTMAN, 1400 Kopper 436 Seventh, Pittsburgh, P (412) 43d WWR Nc By: 5 brodt, Esquire ERG & REIS CO., L.P.A. ing ie 19 8552 ?, 00 8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL, DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 07-2506-CIVIL TERM TERRY L SOLA Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on p (xx) Assumpsit Judgment in the amount of $2591.65 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 ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent Prothonotary EVAN PAPPAS ESQ. POB 88 HARRISBURG PA 17108 R By: s (mac u* PR ONOTARY (OR D UTY) WELTMAN, WEINBERG & REIS,CO., L.P.A. BY: William T. Molczan,47437 I.D. No. 47437 436 7th Ave Ste 1400 Pittsburgh PA 15219-1827 (412) 434-7955 FAX: 412-338-7130 File # 05828552 C N Pit SJS Attorney for Plaintiff(s) CAPITAL ONE BANK (USA),NA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. TERRY L SOLA CASE NO. 07 -2506 -CIVIL TERM PRAECIPE TO SATISFY TO THE PROTHONTARY: mC : ter. Da Ci C Kindly mark the case and judgment entered against Defendant TERRY L SOLA as satisfied. WELTMAN, WEINBERG & REIS CO., L.P.A. By, William T. Molcz Attorney for Pla tiff auk %q ,sopck a C 11looLta 'ZOU4to