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Home My WebLink About08-1086V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: Og_ (Ogg ciVi( arm vs. ANDREA J HORN COMPLAINT IN CIVIL ACTION 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 06349953 C N Pit LXR V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. ANDREA J HORN Defendant Civil Action No O .F- /O-FG ( ? -, 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 15000 CAPITAL ONE DRIVE RICHMOND , VA 23238 . 2. Defendant is adult individual(s) residing at the address listed below: ANDREA J HORN 438 FACTORY ST CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXXXXXX9247 . 4. Defendant made use of said credit card and has a current balance due of $1221.70 , as of December 31, 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 28.990% per annum on the unpaid balance from December 31, 2007 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 111" and made a part hereof. f 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 , ANDREA J HORN , INDIVIDUALLY , in the amount of $1221.70 with continuing interest thereon at the rate of 28.990 per annum from December 31, 2007 plus costs. Jame Warmbrodt,42524i WEL WEINBERG & REIS CO., L.P.A. 43 Se enth Avenue, Suite 2718 P' tsb rgh, PA 15219 ( 12) 34-7955 AX: 12-338-7130 634 953 C N Pit LXR This law firm is a debt collector to pting to collect this debt for our client and any information obt i d will be used for that purpose. • First 3 months half-price 4 97 a morft $9.9&MO. mefeateer SIGN UP TODAYI ' 1-877-778-1207 Mention Offer Code: ONYX Or visit www.peoplepc.com/go/onyx CapitalQ?. Account Previous Balance $83523 Payments, Credits and Adjustments $.00 Transactions $29.00 Finance Charges $10.81 New Balance $885.04 Minimum Amount Due $885.04 Payment Due Date October 11, 2006 Total Credit Line $500 Total Available Credit $00 Credit Line for Cash $415 Available Credit for Cash $.00 At your service T. all Customer Rehtions or to report a It or stolen and: 1-800-903-3637 For free online aoeoum service and special automer offers, log on to: www.apitalone.eom Send payments to•. Send ingWriee to: Attn: Renitnnn Proutti ag Capitol One Bank Capital One P.O. Box 70854 P.O. Box 30285 Charlotte, NC 28272-0881 SLC, UT 84190-0265 Important Account Information Beginning October 1st, 2006, based on your aaount activity you may be assessed more than two late, overlimit, or returned check fees that occur during any billing Period. EXHIBIT Finance Charges Pkwe w reveriendrfor important in;or, m a tiwx ur Be/arorMr Perod' ?d ? ?l ? a pp!ada, ..tor ARIrL' PURCHASES 6845.25 .07942%P 29."% Sm.81 CASH 6.00 :0794296P 28.99% 6.00 ANNUAL PERCENTAGE RATE applied this period 28.99% PLEASE RETURN PORTION BELOW WITH PAYMENT C--*~O * 0000000 0 5178052497839247 07 0885040061280885046 Pliarrpriat mailmgaJdrn nra?arraraitdmgnl romraAgw orb/mE;aE New Balance $885.04 Minimum Amount Due $885.04 Sxc Ape t Payment Due Date October 11, 2006 Cry Sas ZIP Total enclosed $ H-pbow A4-wP1- Acoount Number. 5178-0524-9783-9247 EauilAddrm Capital One Bank P.O. Box 70884 111111 11 Charlotte, NC 28272-0884 003 peoplepc• online u A better way to Internet. PeoplePC Online offers the features you would expect from higher-priced Internet Service Providers at half price for the first 3 months! ® Email Virus Protection ® Pop-Up Blocker- 111?j Spam Controls IS Smart Dialer Phisher Security ?t Internet Call Waiting PLATINUM MASTERCARD ACCOUNT 5178-0524-9783-9247 AUG os - SEP o7, 2oo6 Page 1 of 1 Payments, Credits and Adjustments Transactions 1 07 SEP PAST DUE FEE $29.00 NOTICE: Look for a new statement design for your Capital One credit card beginning neat month. A summary of the key changes will be provided with your new, statement You were assessed a past due fee of $29.00 on 09/07/2006 because Your minimum payment was not received by the due date 4 09/0712006. To avoid this fee in the future, we recommend that you allow at least 7 business days for your payment to reach Capital One. #9025171504657199# MAIL ID NUMBER ANDREA J HORN 438 FACTORY ST CARLISLE PA 17013-1851 a r PL-t vaiteyoar aceoant number on yosv check or money order rnadepayaGlt to Capital Oneltanb and mail m the enclared emwJope. peoplepc® online u A better way to Internet. UNLIMITED INTERNET ACCESS SIGN UP TODAY! 1-877-778-1207 Mention Offer Code: ONYX Or visit www.peoplepc.com/golonyx PeoplePC is solely responsible for this oiler, and is not affiliated with Capital One. Capital One does not provide, endorse or guarantee, and is not affiliated with, any product or service shown here. Any trademarks mentioned herein are solely owned by the respective entity. AN rights reserved. By responding to this offer, you may be communicating information about yourmli to the comparry that provides the product - For example, that you are a Capital One customer. `PeoplePC Online: First 3 months of service are billed at $4.97 a month; $9.95 a month thereafter. Offer available to new dial-up subscribers at least 18 years of age and may not be redeemed with any other offer. Offer subject to change at any time. Phone technical support available for $1.95 per minute. For questions, call toll free at 1-877-778-1207. Service not available in all areas. Access fees, taxes, and other fees and restrictions may apply. Telephone toll charges may apply, even during trial periods. You are responsible for determining whether a call to one of our access numbers will result in telephone toll charges. Access may be limited, especially during times of peak usage. Dial-up numbers may be changed at PeoploPCS discretion. Continuous use subject to tineout procedures. All use is subject to Peo*PC Onlinek Services Agreement and ACCOPW le Use Policy. 56K is the maximum speed of service; actual speed may vary. 0 2006 PwplePC Inc. All Rights Reserved. PwplePC Online and its logos are registered trademarks of PeopW in the U.S. and other countries. 0 2006 Capital One Services, Inc. Capital One is a federally registered service mark. AN rights reserved. ate Z 8 O m y 1 n p ?tV Ta. 9aee bbd. Vote have-- MNmum {Pace period of bill im peiod covered by this atetane t, we take the If rota autllorized purchase rfran mndlrc and we 26 ri without lkwhce charge on now Puadsses, maw balance ce twrrbm, new special phaelese and nw caner ' ' _ beQmnO 6elenoe or each sgplern each day, add arty new trasacdons to each espne d d subtract arty PNVMM an reoeiee the transaction, from the Marchers after Yam account has been dosed, your bum" WIN be Isepatad, drgse k Van P+Y Yam taus New Balance , aceodahce vvufitih the inpmtan Noaice for psyrnaoa below stemmed st media Iff the code N apf= m the fiord or this stemmed nhe d le'8alarce Rate Aptsed To: - also tie rrqu[ of the dupe wi be added to your accotM and you vdl be responsible for psy-m If there Is s and in time for it to be created by your rend examen[ subrm t any uprd finnee dhelgB kduded in the helerhoe men Ibmihip fee for yam astern, the fee wi condone tloskg date. There b - grace period on cash sdvamces std speda trahdeta In additbn them Ism grace period of each ) Tfw us the aegnatt. ghee orb br.we .1 each segnan Then we add r r the dr beWhoe for h m ce drrp.d, m ma M pemitt+d by new, rn i ma h , m cry tt'ar- ctlon H you do roc pay the WA •Ibw . , p y a eac sapnerrt for {the tlirp ante by the coin = V P axaart as Deem Mid In fi! r defirod abovht. 7. Maley Your Aaanad.Your card or .-core, canna be bWrta b. AD-ft Fba es Charge. TF-eacdona rMidh are not abJCer ta a grace pedod ours sa-.d f- < dmn e 1) , 1 e?wragemdaLi balwaga M each glues us the 3 d P d P A ?n ha4h any btenst gartlrg transecdons, p fmm the dose of the transaction or 2) fmm the data the . n raw rw pe .O.. rAPRI. a. The I- -Annual Pememege Rate' my appear as 8. Alleges Abet Elsgarda trek Llweabn, when you provide a dsek as you a hFdlonbe us eltihef to transaction Is pmceewd to Your Accrue w 3) front the firs celadar day of the crrrat bihA pedo? Additionally, if f did h 'N •APR' on the frail at this statement. b. If the code P Prim), L (3?no. LIBOII), C (Certificate of imonnnnatioll fro m use yam dsdk m make • are-tire elecrFOrne fiat tmrrfer fidn yam bans seeourt a m you net pay t ew Balance mm the pr.W- e being PNW b imp, finalise drtpes continue to 11=2110, to your upeid balance wnl to un id b id i fig l Deposit), a S Benkcerd P le ) appears m the how of to statment nod to is pedoac mew, ere pe iodic Process the p.Wnem se a deck transaction, When ore hie in Amato n fmm your cheek to make an .Ixtmric ance r pa pa n : a TT.s mean that you may ei owe finance the .van if yon pay the antlm New Balance inaceted on the font m Fees and eorresPOrbYg ANNUAL PERCENTAGE RATES may wry quarterly and may increase or decrmae based on the sated arioss, as foul in The War SVeet fud transfer, finch may be witl clmw from yam bank account n soon as t o crane deal tae rardve your M ad t receive Wte deeck bed front My your staterhera by the need state mart{ e++ig data, but did not do so for Ito wAcus -rob. Unpaid Iron- durpes dauiW, plus Am WeNok?t These changes Wk be?efbcdve . the Am day ? * I== t re added fo the ap e ? by yoLe ending _ SUMMARY t e. kiinwn Fihahse tinge. Fa dhee np pad vin your aceaat I.m a finance dirge, a *J- =ft manM g y c. If the code D (PMse), F (IApr mo. LJBOR) a OctGober(3, -mo. About Your SAID t Case hbk Of y Ertamas hN OF b If (In you YO1i w e tad C W $0.60 will be krpc-L N the totl firunce drape reauldrg fiom Me apppcedm of yokr LIBOR Repdoed Middy) appeam on the fern of Vote autmia t and m the Pedoac Fatale), the Peniodc taus m intaadm m s trrractlm « hal, v, aF t o m a separne sleet as sin n pmtle n the address for periodic rate(s) b leas elm ?0 50, we wi aaet tlM mat from the ?0.60 rni liam and the difference vii be and omeq)v ncl g ANNUAL PERCENTAGE RATES may vary manly a trey frnCrease er dacrosse bseed on the inWdes lawn on to here of this suteramr. We tracer hear from you no rata ton 80 alt after we strn you the M: m th. ptedwe sep-K of yam secout. td. Tanpway ReAaabw b III- Chage We reserve to stated Wartime, as found b The Wan! Street Jenra6 plus the m non mha t di cl d Th amt big on which fie em or problem appeared. You can . tight to not sasses any m all fine ce, tinges for any given period p at y s ose m you ese dwhpes wA be efbcd- m to Vat day of your Wiling periotl call our Cummer Relations ntimber, but doing so will not p?eerve Your riyrta, b your retie, Vvo the tapoYMp us " banana 2. Avarsps Daly 1MYedFg N+w Ptra I. ad, crdh. 1. Amrsrt of Lab, Oveirit and Rasnrd = F. intermetom Vat awn an aceourt nmh the ddbr Mourn of the suspected error, a descnipd m of to error a. Finance charge Is calaiated by mddplyftg. daily balance of each sagmalt of your accaat (e.g., seal = Your smo rd will be assessed no more than has Listed here that occur during dry Meng pads{ {Ender the and ah nplwudoh, if Possble of a b them is an error; or If you new more dese advance, purchase, special trsrsfer, and special Pudhssr.) by the coffespending dry Patlorc rateW that has been previad disclosed to oLL At the and of c d a k terms of your acetehrer agnsertmL we reserve the right to waive or not to asee® any has whteut prior notification to the item You are testae about. You do not haw to pay any Moto in question whle we, am Iff-09.2 It, but you y h ay r q ea r the billing pmfod, - apply the dal pnioae rsu for esd segsnaa of your anew{ m d. balance of each ywWg eut waivkg our right to assess; the same or Andlar tees n + later time. 6.tR.rwAg Y Aoeast lF + rnmMeulip fee am ski aHgated m Pay to parts of yar NTthn are not in quesdm.lNNk we a your queatlm' we unot report you as en or t arty to erect the sapnert. Tien at the and of the Period, -add up appears the from of this statement, you he- 30 -tion. Mount you the reaM d these dsW celcrlstoria to endue x drrpe for eaM wgrrten We add t the . days flan the one fhb statennenit weeLied m you m the av id rid b n f h vi . p n from each segolm m anve a the total Debac o pa ng ew suc e or to ee created to you ff you .no your amosm. During this period, you may f,t Special Rule Pon Credit Card Purchases fina===1:--M To psi tae y belrioe for T we coke hM be¢va confine to use your account wA1Mut having to pay the roMb i t T l If you Mw a problem wAt h the quaky of Property or g balance for each aegrem and add rrysnrond new erarresNa r?ln a - the ? ? eni le ee. o cance your atoarm, You must notify us by eal inp our Cuaerner Retadorr DZronem e 'N ? pro ser4ces that you purchased widt You haw tdM in good f ffect blem usth to dWs balance ft iepn im W tt me wlmrax achy In m pdor mmthee?p to m the anndofof ithe W y- the rty period Yce nee?^t• you may have to right not to pay the remaiNrg Pnymerts m credits powe I r of that der that son asoe.OM 8. N Yep Cl.- Y- = 11 You each requ.st to close Mount due on the property or seMOes. You haw this l l te that -Wnert This gives us the separate dry balance Tor each a.gnwt of your accaahL hbwaver, H you geld the lb l B f 7 Curt z .-More. .-ours by cepln our arne Relatiar DeMrman. You nrtst destroy your credit card(s) and y w prot m tine purtlhre glee was mare tun +c on 450.00 and to pucluse was made in your name stale or `Ng'i^ 100 maea of your mri addreaf m we m h w a ance a rvwn m yam prmiar atatwriet h fin (m R War row bdshce was zap a a cFeat arnrourtl, new .mount crease checks, cancel all proaugedxed being. and cease Your axon{. Ii you do not cancel g . us or operate to merchant, or if we maned you the trwssetlerns Which Don m your purchase m peda d preunhalztd I burp apargenema, we all uxnider advad cement for the or sewage, all pu nchi es recovered repsMeae of Mount or bcalion of masse ) pa res sa0nais son nh.t added to the dry bdrnoes we calculate the average dry balance by aa3g all the dry receipt a of a charge War authorization to reopen yart , win not be dosed Reese sacra h to apn dig mmpordahce. . balarnces topetler and dK3g to urn by the bar of the days in the asrent big WA& To calculate yak told .hu ypb owe u until you Mr r rna trewdere you hew auderixed, firhaic rqm yPet t Doe not apply m cons~ notM we card -Ws finance charge, rrs/tlply voter average daily balance by the due lees, ovaNmit fees, returned Myme a fees, ash dry petfoac nice atd by to narter of days in the billing advance fees and any agrr fee aaawad to your I Dose ref apply to basam a r4o cradu can ame-ft Period Due m raving m • dry bob, there may be s account. You am responsible for these Mounts wletsr slight wrimm between this caleulmdm and the Mount of gnarm Berge smepY aw.sa.d. If t D d Z =r.-, me request to === m ?i CapmdsOne eupports Inhumation privacy prmectioc see our vvegaN at www. caOYlalww.com. . he co e Lan or N appears m fie of A" a u"M t the accoug. vows request m done hewn in Tlie mar f r Capital On b a = service mark of Capital rend to ;galwhoe Ram Applied To: we .^ ' the .. on amount atte yo u hew ci1°rpe appeadrg Vote coera sum F One. al Corpaatiwt P]I niatts reserved a 2003 bbr 'W;tan[?111ssUdssk Payments nts you mall to us will be created to your account as of the busbiese dry we mcdw k provided (1) You sand the boron portion or tie natament and your check ahwipe and (2) your lnpp%nuem other f0en May Fail b received in erWfpnrsonceyavkKV semi by 3 p.m. ET 112 mm Pry. Please allow at bast 1w (6) bu.nhws days for det? y. poster Plea der rkot i wed su by Pl ? ?pmer rM, ~ location or autl ilznaticn ? ppkoal twaa ciucbbereoeivad duind W receive thern. Our business dew am You aunapdzeeuus 1 b rime ebcbo is tramplia ddebittam- You ?aulhaize abxam tar the amours m the clteck the billi us to make a dirge again your bank aawd using fie dear,. a P.Par drat or tigerflan. VERIFICATION CAPITAL ONE BANK vs HORN,ANDREAJ The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities, that he/she is, JAMELA SINGLETARY, 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. tJ/,Z)?- JAMELA S GLETARY Dudley iUM. Public, Dekadb County, Georgia Fission Expires January 19, 2009 5178052497839247 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. O cs-, L SHERIFF'S RETURN - REGULAR CASE NO: 2008-01086 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS HORN ANDREA J MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE HORN ANDREA J was served upon the DEFENDANT , at 1230:00 HOURS, on the 18th day of March 2008 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 ANDREA HORN 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. Additional Comments DEFENDANT CURRENTLY LIVES IN ST THOMAS. Sheriff's Costs: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 3PO r 32.80- Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 03/18/2008 WELTMAN WEINBERG REIS By: Deputy Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. ANDREA HORN Defendant No. 08-1086-CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (41.2) 434-7955 WWR#6349953 Judgment Amount $ 1343.96 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. 08-1086-CIVIL TERM ANDREA HORN Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, ANDREA HORN above named, in the default of an Answer, in the amount of $1343.96 computed as follows: Amount claimed in Complaint $1221.70 Interest from 12/31/2007 to 5/5/08 at the legal interest rate of 28.990% per annum $122.26 TOTAL $1343.96 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: !N WILLIAM T. MOLC N, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6349953 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7' Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 438 FACTORY ST CARLISLE, PA 17013 IN THE COURT OF COMMON LE S CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Case # Q&" 1C)6G V IL TEltm Plaintiff ANDREA J HORN Defendant (s) IMPORTANT NOTICE TO: ANDREA J HORN 438 FACTORY ST CARLISLE,PA 17013 Date of Notice: blob WWR#; 06349953 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 r?, BY: ?ktu'- .-, I hc?ukm WUOC1vK4,, 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 Plaintiff VS. ANDREA HORN Defendant Case no: 08-1086-CIVIL TERM NON-MILITARY AFFIDAVIT The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, ANDREA HORN is not in the military service. Aff ant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, ANDREA HORN is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN T ND SUBSCRIBED in my presence this day of COMMONWEALTH OF PENNSYLVANIA Notarial Seal NOTAR PU IC Wendy L. Gault, Notary Public City of Pittsburgh, Allegheny County My Commission Expires July 15, 2010 member, Pennsylvania Association 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. Page 1 of 2 Request for Military Status Department of Defense Manpower Data Center MAY-05-2008 07:28:05 Military Status Report pursuant to the Servicemembers Civil Relief Act Last Name First/Middle Begin Date Active Duty Status Service/Agency HORN ANDREA Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Center Upon searching the information data banks of the Department current status of Manpower dual as tata o all branches based on the information that you provided, the above is the of the Military. 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: hqp://www defenselink mil/fag/pis/PC09SLDR.ht,nl WARNING: This certificate was provided based on a name and Social Security number (SSN) provided 5/5/2008 https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 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: BPFWUUQBTNJ https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 5/5/2008 ca r7 N 'D W ? 'n cn r J G..t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 08-1086-CIVIL TERM ANDREA HORN 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 $1343.96 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: -4 PRO ONOTAR PUTTY) ANDREA HORN 438 FACTORY ST CARLISLE, PA 17013 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7t` Avenue, Pittsburgh, PA 15219 1-888-434-0085