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HomeMy WebLinkAbout09-4253P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, :PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintif f No : Q9 - ?/a53 ivi (Zrm vs. COMPLAINT IN CIVIL ACTION MARY A MYERS 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 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07227358 C N Pit KMJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION r CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No MARY A MYERS 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 (USA),NA is a corporation with offices i at 15000 CAPITAL ONE DRIVE RICHMOND , VA 23238 2. Defendant is adult individual(s) residing at the address listed below: MARY A MYERS 1008 CENTERVILLE RD A 233 NEWVILLE, PA 17241 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX3731 . 4. Defendant made use of said credit card and has a current balance due of $3558.16 , as of June 15, 2009 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 June 15, 2009 . 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 , MARY A MYERS , individually , in the amount of $3558.16 with continuing interest thereon at the rate of 25.9000 per annum from June 15, 2009 plus costs. James . Warm rodt,42524 WELT , WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07227358 C N Pit KMJ 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. 7227358 FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance M nimum Payment Due Date $2,697.53 - $0.00 + $60.17 + i $39.00 = $2,796.70 $=514.00 Jul. 22, 2008 May. 28, 2008 - Jun. 27, 2008 Page 1 of 1 % Visa Platinum Account 48823823-78313731 Your Account Information TOTAL REVOLVING CREDIT LINE $2,000.00 TOTAL AVAILABLE REVOLVING CREDIT $000 CREDIT LINE FOR CASH $2,00000 AVAILABLE CREDIT FOR CASH $000 PLEZE PAY Ar LEAST TMS AA UNr Yaire behind by sot payments If we chargeoff your aco"t due to late or missed payments, finance charges will continue to awue Ad now to prevent this from happemng Please pay the mm rnum payment amount an your statement or give us a call at 1 BW 955 %M Were here to help Take control of your credt with Capital One 'important ND Unclar the terms we premusy disclosed to you, your amount 6 now eligible for an increase in Amual Percentage Rates (APRs) effective immediate/ However, Capital One has elected not to raise your APRs at this time Please be adased that if you fad to keep your account in good standing, Capital One reserves the rght to raise your APRs in the future Finance Charges (Please see reverse for important information) Balance rate Periodic Corresponding FINANCE applied to rate APR CHARGE Purchases 52,73527 007096% 2590% $0017 Cash $0.00 007WI, 25.90% $+0.00 ANNUAL PERCENTAGE RATE applied this period: 25.909: Q At Your service 13003033037 To cal Cuslonar Relations ur to resort a bst or ai iii o" 0 Send payments to: Capital One Dk L SA),M • P 0 Box 70884 • Chanute, No 2827210884 Send inquiries to: Capital Ores P 0 Box 30285 • Sat Lie Oty, UT 841360286 Q Have a question about a charge on your statement? Please refer to the Billing Rights Summary on the back of your statement or visit wivw.capdalone.comidsputes PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WVVvV.CAPITAIONE.COM TO MAKE YOUR PAYMENT ONLINE Capitalale' -han•- our warren 0 4862362378313731 27 2796700075000514008 New Balance Minimum Payment Due Date $2,796.70 $514.00 Jul. 22, 2008 PLE45E PAY AT LEAST THIS AMOUNT Amount Enclosed Capital One Bk(USA),NA ?r?nn?nn?n???rnrr?nn?? P•0. Box 70884 Charlotte, NC 28272-0884 Payments. Credits & Adiustments Transactions 1 21 JUN PAST DUE FEE S3900 Your axounl is 90 days past due and your Payment Protection coverage has been suspended. As stated in your Payment Protecbw aq eeument, your coverage and monthly charge will be restated once your account is no longer 90 darts past die You may still be eligible for berets to be pad to your account for loss events desabed in your Payment Protection agreement Cat Stonebridge, Benefit Servces at 1-BBB4 27-&904 to see if your situation qualifies for benefits Your account has gore over is credit limit. To avoid addliDnal overknlt fees, please pay enough to brig youu balance below your credit limit mme3atey, and make sure you rerran below your credit brit Please be sure to account for any future purchases, fees, and (mice charges You were assessed a past due fee because your mnrvmum payment was not received by the due data To a od this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Captal One Account Number. 4862-3623-7831-37311 Please print address w phone number changes below using blue or black ink Home HSone wremore Ovrx E-inaff address (9 #9018017871574724# MAIL ID NUMBER MARY A MYERS 1606 CENTERVILLE RD NEWVILLE, PA 17241-9555 Please write your account number on your check or money order made payable to Capital one Bk(USA),NA and mail with this coupon in the enclosed envelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. MARY A MYERS Defendant(s). VERIFICATION 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 an authorized agent ol" CAPITAL ONE BANK (USA), N.A., Plaintiff herein, and that he/she is duly authorized to make this Verification, 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. Dated: 3 ?? - C r' 9 Ottis Coward A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 0 C T, r• f , r + ' " '"'9Cty $11S., 6c) PD AT "I G? 4Ca9ss Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant ?Q?p1r 0? LutRbrr??hA Ni, OFFICE OF P4E $h,ERIFF ;?W OF THE O i ' TAR t 2909 JUL 2 7 Al 9. 2 7 Cl3tlit ,C i, :NJ-y, Edward L Schorpp Solicitor Capital One Bank (U.S.A.) N.A. Case Number vs. 2009-4253 Mary Meyers SHERIFF'S RETURN OF SERVICE 07/22/2009 07:39 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Mary Myers, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Mary Myers. After several attempts at service the Complaint has expired. SHERIFF COST: $54.60 July 23, 2009 SO ANSWERS R THOMAS KLINE, SHERIFF ~~~r,_~- ~ ~.,:. ,,r,l JiL 4 9 4'4~i ~. u~ 2040 Cu~h~ ~ ;~ ~~i1i`C IN THE COURT OF CO~VIMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA II CIVIL DIVISION CAPITAL ONE BANK (USA Plaintiff No. 09-4253 CIVIL TERM vs. PRAECIPE TO REINSTATE COMPLAINT MARY A MYERS Defendants} FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Lyndsay E Rowland, Esquire PA ID #205520 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Buidling 436 Seventh. Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7227358 CFR e~~a~~D ~oL ~y ~~, yy0 r IN THE COURT OF CAPITAL ONE BANK (US Plaintiff vs. MARY A MYERS Defendant(s) Kindly reinstate the MMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 09-4253 CIVIL TERM int in the above captioned matter. WELTM.~T, WEINBERG & REIS CO., L.P.A. By: `. Lyndsay owland squire PA ID #205520 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Buidling 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #7227358 f' U D-0FFI??CT p P. I. ti`4i t` ,w I._d- r, 0 1 X v' 3? 0 `0 U MIT Y, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. MARY A MYERS Defendant(s) No. 09-4253 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Lyndsay E Rowland, Esquire PA ID #205520 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Buidling 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7227358 NPE -+ to. oo p 0 17rV e,-t9U79011 a48537 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 09-4253 CIVIL TERM MARY A MYERS Defendant(s) PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By: Lyndsay E Row d, Esquire PA ID #20552 WELTMAN, INBERG & REIS CO., L.P.A. 1400 Koppers Buidling 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #7227358 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff d'~ ~ ICE Jody S Smith ~,~ar+tv at ~ t, ~r~brrj~~~ ~ ILEA ~ =~~ ~= CF THE PRaTNCNCTARY Chef Deputy , _,~ ,, Richard W Stewart ~ t ~ Z~~d QC~ ~ 9 ~~ ~• 33 solicitor ~sFF,~~oF-`:~~ERI~~ CUt~BERI.RHt3 COt1NTY PENNSYLVpN1A Capital One Bank (U.S.A.) N.A. Case Number vs. Mary Meyers 2009-4253 SHERIFF'S RETURN OF SERVICE 10/15/2010 05:17 PM -Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on October 15, 2010 at 1717 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Mary Meyers, pursuant to order of court by posting the premises located at 1008 Centerville Road, Apartment 233, Newville, Cumberland County, Pennsylvania 17241 with a true and correct copy according to law. A GU S ALL, DEP SHERIFF COST: $44.80 October 18, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (cj CountySuite Sheriff. Teleosoft. Irc. FILED-OFFICE OF THE PROTHONOTARY 2010 NOV 15 PH 4: 10 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. MARY A. MYERS Defendant No. 09-4253 CIVIL AFFIDAVIT OF SERVICE OF 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. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7227358 W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff No. 09-4253 CIVIL VS. MARY A. MYERS Defendant AFFIDAVIT OF SERVICE OF COMPLAINT BEFORE ME, the undersigned authority, personally appeared James C. Warmbrodt, Esquire, who according to law deposes and says that a copy of the Complaint in Civil Action has been served on the Defendant, MARY A MYERS. 1. On or about APRIL 15, 2010, Plaintiff received a signed Order of Court permitting service, on the Defendant, to be complete and valid upon mailing to the complaint by first class mail, certificate of mailing and by certified mail, return receipt requested. Said Order of Court is attached as Exhibit "I". 2. On or about JULY 29, 2010, Plaintiff mailed the complaint to MARY A. MYERS. Said certificate of mailing and certified mail receipts are attached as Exhibit "2". On or about OCTOBER 15, 2010, Cumberland County Sheriff posted the property per court order. Service is deemed perfected on OCTOBER 15, 2010. WELTMAN, WEINBERG & REIS, CO., L.P.A. James C. W brodt, Esquire PA I.D. # 4 WELT , WEINBERG & REIS CO., L.P.A. 14jSe pper Building 43nt Avenue Pi h, A 15219 (47955 W 27358 Sworn to and subscri ed before me this day of _ iAV OT P IC COMMONW4TM Nodtila ?N??'?IA Wendy L, seat C4 or y cc?n,"ryc?? Notary ?blk mom Pensvlv-- an ?u1y 15A2014 '?.'?adon ? ry ?N CAPITAL ONE BANK (USA) NA IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MARY A. MYERS, DEFENDANT NO. 09-4253 CIVIL IN RE: PLAINTIFF'S MOTION FOR ALTERNATE SERVICE ORDER OF COURT AND NOW, this 15th day of April, 2010, upon consideration of Capital One Bank (USA), NA's Motion for Alternate Service, IT IS HEREBY ORDERED AND DIRECTED that service of the Complaint in Civil Action may be made on Defendant, Mary A. Myers, by permitting the Plaintiff to mail a copy of the Complaint to the Defendant's last know address at 1008 Centerville Road, Apartment 233, Newville, PA 17241 by Certified Mail and by Certificate of Mailing Postal Form 3817, postage prepaid. Additionally, the Plaintiff shall post a copy of the Complaint on the residence at Apartment 233, 1008 Centerville Road, Newville, PA 17241. Service to be completed on the mailing and posting. By the Court, M. L. Ebert, Jr., J. Mary A. Myers 1008 Centerville Road, Apt. 233 Newville, PA 17241 William T. Molczan, Esquire Weltman, Weinberg & Reis, Co., LPA EXHIBIT 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 bas f . , 1 fll _ j f .,i t ?i It' r r Lri i_E M ?.-.'.r:lfla'1 Fee Fstmark C3 Return Receipt Fee O Here (Endorsement Required) - v. C3 Restricted [)eiivery F'ee !_ (Endorsement Required) fU Total Postage & fees $ - { O 0 Sent To r-I ? ak.'-P Q Street, Apt. No.; Box No. Lv A 04State, ZIP+4 Vile if R IA PS Form 3800. August 2005 See Reverse for instruction, UNITED STATES Certificate Of POSTAL SERVICE, Mailing This Certificate of Malang provides evidence that mail has been presented to USPSO for mailing. This form may be used for domestic and International mail.' From: Weltman, YYPrinL a & Us ?C6, i 4800 Koppers S' I 436 7th Ave. Piftsburgh.-PA 15219 to ar, co i .1, 5fii1Ci3U Rif ei aVIO .f 41 WA EXHI I . PS Form 3817, April 2007 PSN 7530-02-000-9065 I 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff No. 09-4253 CIVIL TERM vs. PRAECIPE FOR DEFAULT JUDGMENT MARY A. MYERS Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, ESQUIRE b ! C? U 0 ?? Yn rG ? PA I.D. #42524 W l Q . e tman, Weinberg & Reis Co., L .P.A. 1400 Koppers Building LIP, uI it 11 ? Js 1 436 Seventh Avenue Pittsburgh, PA 1.5219 C Gi,;; (412) 434-7955 ° WWR# 7227358 -`?, n rr, Judgment Amount $ 4,924.09 Tr o Ica IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 09-4253 CIVIL TERM MARY A. MYERS Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, MARY A. MYERS above named, in the default of an Answer, in the amount of $4,924.09 computed as follows: Amount claimed in Complaint $3,558.16 Interest from June 15, 2009 to December 8, 2010 at the interest rate of 25.900% per annum $1,365.93 TOTAL $4,924.09 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: Jamj9A rodt, ESQUIRE PA Welerg & Reis Co., L.P.A. 140ilding 436 nue Pitts219 (412WWPlaintiff's address is: c/o Weltma n, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7i" Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 1008 CENTERVILLE RD. APT 233, NEWVILLE, PA 17241 4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff Case No. 09-4253 CIVIL TERM vs. MARY A MYERS Defendant IMPORTANT NOTICE TO: MARY A MYERS X008 CENTERVILLE RD APT 233 NEVMLLE, PA 17241 Date of Notice: ova 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMAN, VV4NBERG & REIS CO., L.P.A. By:4 Matthew Urban P.A.I. D.# 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 7227358 N PIT M4G IN THE COMMON PLEAS COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. MARY A. MYERS Defendant Civil Action No. 09-4253 CIVIL TERM NON-MILITARY AFFIDAVIT The undersigned is the duly authorized agent and/or attorney for the Plaintiff in the within matter and states as follows: Affiant 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, MARY A. MYERS 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 DMDC does not possess any information indicating that the below individual is in the military service: MARY A. MYERS 1008 CENTERVILLE RD APT 233 NEWVILLE, PA 17241 Affiant further states that the averments contained herein are true and correct to the best of Affit's knowledge, information and belief and that these averments are made subject to the penalties of 18 Pa C.S.A. §4904 relating to unsworn falsification to authorities. Request for Military Status Pagel of 2 Department of Defense Manpower Data Center Dec-13-2010 08:20:50 40 Military Status Report Pursuant to the Service Members Civil Relief Act t Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency MYERS MARY A Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. 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 Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). 14 am,.. 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 DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as 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 status by contacting that person's Service via the "defenselink.mil" URL httv://www.defensefink.mil/f-M/pis/PC09SLDR.htrnl. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional 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 active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 12/13/2010 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:A956SJPOOJ https://www.dmdc.osd.mil/appj/scra/popreport.do 12/13/2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. Civil Action No. 09-4253 CIVIL TERM MARY A. MYERS Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment as entered against you on - o (xx) Assumpsit Judgment in the amount of $ 4,924.09 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 MARY A. MYERS 1008 CENTERVILLE RD APT 233 NEWVILLE, PA 17241 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7"' Avenue, Pittsburgh, PA 15219 1-888-434-0085