HomeMy WebLinkAbout10-6310FILED-UNCE
O= THE' ? ,0TIIr;N0 TA Y
2010 0, C F -4: F11 3: 0 3
CUII LHI FIAND COUNT`!
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff No: !o - ISLZ-1 4 b
VS.
JULIE A GILL
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 1400
Pittsburgh, PA 15219
(412) 434-7955
FAX: 412-338-7130
08479224 C N Pit CXC
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
VS. Civil Action No
JULIE A GILL
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 b 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 at 15000 CAPITAL ONE DRIVE RICHMOND , VA
23238 .
2. Defendant is adult individual(s) residing at the address listed
below:
JULIE A GILL
8 E WOODLAND DR
MECHANICSBURG, PA 17055
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX3621 .
4. Defendant made use of said credit card and has a current balance
due of $3313.72 , as of September 21, 2010 .
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
19.900% per annum on the unpaid balance from September 21, 2010 . 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 , JULIE A GILL , individually , in the amount of
$3313.72 with continuing interest thereon at the rate of 19.900 per
annum from September 21, 2010 plus costs.
WELT EINBERG & REIS CO., L.P.A.
Jamen412- armbrodt,42524
436 h Avenue, Suite 1400
Pitt, PA 15219
(4127955
FAX: 38-7130
0847 N Pit CXC
This law firm is a debt collector attemiVT
g to collect this debt for
our client and any information obtaine 1 b
e used for that purpose.
C'api;?-
whars in your wallet?
50OD13
IT'S TIME TO TAKE CONTROL OF
YOUR DEBT. WE'RE HERE TO HELP.
Even if we report your account as charged off, you'll still be responsible for
paying your debt. So why not call us to see what we can do together to keep
you from receiving such a serious mark on your credit record?
Please contact us to find a solution that's right for you.
You can make a payment with our free check by phone service
or speak to an associate by calling 1.800.955.6600.
Make sure you ,all or pay the amount due cn your statement by the cue cate to a iminate the risk of beigg charged off
c? _"'UOY ('nj inn/ 0, C4p,410_ it a frdrra!!; rrgisterrd rrn.irr -k. ,4ll r el+u rrrr,zrd.
FINANCE -
Previous Balance Payments & Cretins CHARGE Transactions New B61a ce Minimum Payment Due Date
$2,711.31 - $0.00 + $50.43 * $39.00 $2,800.74 $489.00 Dec. 26, 2009
Nov. D3, 2009 - Dec. 01, 2009 Page 1 of 1
MasterCard Platinum Account
5178.05723547-3621
Your Account Information
TOTAL CREDIT LINE $2,000.OD
TOTAL AVAILABLE CREDIT $0.00
CREDIT LINE FOR CASH $1,000.00
AVAILABLE CREDIT FOR CASH $0.00
PUFAM PAY AT IEW Tf16 AM M
You're behind by sot payments. If we charge off your account due to lab or missed payments, finance
charges will continue to axrue. Act now to prevent this from happening. I'lease pay the minimum
payment amou t on your statement our give us a call at 1.80.7.956.0000. Were here to flee. Take control
of your astit with Captal One.
Payments, Credits & Adjustments
Transactions
1 27 HDV PAST DUE FEE S39.00
Fname Charges (Please see reverse for important idamation)
Balance rate Penocic Corresporufm FINANCE
applied b rate APR CHARGE
Purchases S2,74224 0.05342% D 23.15% S50.43
Cash 50.00 0.0042% D 23.15% S0.001
ANNUAL PERCENTAGE RATE appled this period: 23.15%
AT-h AL Your Service- Go b mwr.cxtainecan b manye ywrrmrt,
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Wor Cat1A00.9033tr37bmportabitorsbbntutuorvv cbOieomar
nhioors
® PRYOf"at ornralyarpey-dty.
Gdd a Bark (lam, N.A. • P.O. Bar 71053.Owbtle, NC
A Send wildrlesto:
Cal" On&P.O. Bon 3M- Sal Lake Oty, LIT 84 rma 5
® Nave a quesuon a6af a duage on your safernmP
Please refer to the Billing Rights Summary on the bads otyour
statement or visa www.caoitabne.corrJdspules
EXHIBIT
PLEASE RETURN PORTION BELOW WrrH PAYMENT OR LOG ON TO W W W.CAPBALONE.COM TO MAKE YOUR PAYMENT ONLINE.
Account Number. 5178.0572-3547-3621
Due Date New Balance Minimum Payment Amount Enclosed
Dec. 26, 2009 $2,800.74 C$489.00
PLEASE PAY AT LEAST
THIS AMOUNT
1 5178057235473621 01 2800742102390489007
#9033608187321726#
JULIE A GILL
8 E WOODLAND DR
8479224 MECHANICSBURG, PA 17055-3370
1111hllhllt11?hl11hm111111.11111dhhlptu. II1111PNludl°ul
Your a=unt is 9D days past de and your Payment Protection coverage No been suspended As stated
n your Payment Protection agreernerd, you cmwage and monthly charge will be reielated one your
amount is no longer 90 days past die. You may still be efgible for benefits to be paid to your account for
loss everts drscrited'n your Payment Proicton agreement. Cal Sbnabnclge Benefit Services at
1-888527.190410 see if yoir situation gldifies for ben efts.
Your account his gone NKr as credit trot To egad ad36arJ overkmd IEw, you stnould pay more Ihan
the hintnun Payment. Please pay enoLgh to bring your acomnt balance bebx your credit limit
ImmedeLty. and make we your account balance remain below you credit Ir t Please be sure the
arnoW You pay amounts for any k&M purchases, fees, and finance doges.
You were assessed a past due fee because you miiinum payment was not reo wed by the due date. To
and Ens fare n the f rfre, we recommend that you slow at Lest T bhsness days fbr you minirhurn
payment to react) Capital One.
ORGANIZATION
MADE EASY.
Forget the filing.
Manage your account online
and simplify your life.
Sign up at www.capitalone.com
Capital One Bank (USA), N.A.
P.O. Box 71063
Charlotte, NC 26272-1063
11111111 -11111„111111-111.1111111-4111111--11?11?111?111--IIIHIIHI?IHII
Please make dredcs payable to Capful One Bank (LISA), NA. and mail with this coupon in the enclosed envelope
JULIE A GILL
1. Hon b Aeoia a Finance Charge.
a.ories period. You will have a hankn mtgrace pww of
25 drys without finance charge on new, purchases, new,
bbalance Imnrfere. new special purchases and new,
doer charges If YOU pay your 001' 'New BalanoW'. In
accordance walk Qe Important Nake for prymeras
below, and In arms for l10 be credited by your payment
clue Mils. There a no grace Period! on cash advances
and special hasfers. In addarn, t ern is no grace
psiod on any transaction ryw do rot pay Use OW
'New BW-. *
b. ACanag Finance Change. Transactions which are, not
subject b a grace period are assessed Welke charge 1)
from tre dah of thetrasadlon or 2) from is dear ne
transaction Is prOCeRad to yar Account or 3) from the
fret calerda day cite currant bog period Atl[abrWy,
r you did not pay De'lirt' Balance" from ate praviaa
bOV prod in aq fiance dtages cohti us to actors to
your upad balance err the upab beds" it paid In
full. This mass that you may sin owe hence changes,
man ryw pry IM entire New Balers indicated on the
front d your aferrreW by the payment due deb. but 6d
not do so for tle praveus rrrallh. Unpaid finance ctasnges
we added tone apphkeDle segment of your AccmY
c kanYnm Fnannce Charge- For each baling period tie
your account a subled to a firm" charge, a mi i nun
total FM CE CIi4RGE I 7D.50 Wal be arposed.
Cl. Tampon" ReaaYion In Firalbe Charges. We reeave
the rightto notaseses any wall lent, drerges fa any
given billing pWiD&
2. Average Darr BaYrnce pneindig New PirWasseeN
Fiance charge IS cadaeted by maafpyig Ve day
balance or each s"MortOf you account (e.g., cash
advance. pracleae. special tran eW,, and special purche )
by this CWODPM erg day peri-k- rate(s)den has been
previousy, d ecosed 10ym At the end Of eadh day Wig
to tang parka, we WM the Maly perorac raw fa each
seg neat dyer account to Owdey balance reach
segment. Than at the and of the brig period, we, add up
Use healed of Own daily calculations to arrive at your
paroclic, finance charge for each segment. We acid up a*
rena rrom each segrerr b amts at ee10hl penod c
finance charge, for your aCCOehL To gat us day beers for
each segment or ym accwL we Me the beginning
bll6nce for back segment and aW any rue trareaetipa
and any perlaacltarm c" calculated on Use Wwrioue
day's balance for that segment. We ten evbtact ay
payments or credls posted a of Old day rot am allocated
to am "Welt This Was ran use imparae day balance fa
each 907POM Or Ym account. However. ryou peal ere
New Balance shown on yon prevout stesern r in as (m r
your new balance was yaoor a em& amount), new
transactions. Mich post 10 your purchase or sp+edW
purchases, 98gMft ere not agbd bane day baWroa We
CIJPARW the WOFage day balance by adctng all Ion May
tkalrmosa together and driiag to son by to number of
the days In Use cmehl bang cycle. To calculate your total
fnarm charge. mull" yon average dry to scs q an
day perodic rah and by the mrbar Of days In ne baling
period. Due to rwnctrg on a day basis or due to rnlenrn
fiance duege rsessmaK tens may be a variance
bstwaat Imo cWWeuon and the a lout or finance charge
aenaly asasased
3. Amaral Pencent"is Rates VWPP4
a The Wm "Annual Perceraage RMW' may appear as -APR'
on tine front of ltas slaldmnt.
oh r use =m P (Qum" PrY1M). L (Q=rMy USOR), C
(our" CD), aS Oankcard Prins) appears on the front
of this efrtsment red 10 are PROOM rW(e} ere periodic
rates ale oormspordrq ANNUAL PERCENTAGE RATES
may vary quo" so may rhdeaseor
masses Dosed
on ere elated - ' " as fare in The War Steel Jburllit
pansteimigh previousyd6cbaedloymL Tea
chahpas wed he elleciNemaelat dy dyer bing
period cwaracl W yourperlo3c alldemert emlg in the
mace of Jemmy, April..Iuy and OMW
e. rte codeD OAS" Prior), F (ft" UJson m G
(Trsasuy LIBOR) appears m defrart d your $Mwwt
recd to use peiodc rWs(sx the perlock robe and
oarespadkq NOLIAL PERCENTAGE RATES may vary
motet" one tray ncnass a merease based on the anted
irdkee, as Imd In Thewal Shalt JoumY, pas the
msgn previously decbsed 10 you These chages will be
OffWWe on the WW day Of your blig period sodas rnaWL
4. Assessment Of Labe, command shelf Returned Payson[
Fans. Under the terns or ym c seem ragrewrwr, we
resrveae ris/t b waive a motto aaseas any tees warm
prior now aticn to you witsutwdvig m right to assess
the same or similar Iwo at a Near urne
5. RUMDO SIP Fee NO Ranarwling tar Account. r a
rtenaerslipless appears on as ales menLwewil oaaae
fee 9you request ID close yon soourawkM 30days dthe
rtasing of use data rani. You may cortnue bus t e
aocara dining the 3D OW Prod lesions Your sgueet a you
do not pry all doges awed on Oft account WWI in 90 days,
or r you use your credit =0 or account aganyw requert to
close, any me rreaslYP fee previously wajoW may be
rWMta[ed bym a=mt
d Cosig a Suspaudsg YOd 11000IrL YOU coq request
that your account be dosed by caig or will m
Customer Relators Deparlmort Adteirred your request
we will provide you with awNisul detab on clossing your
aloccut. This may NCKM payment tramWwL ryw use
yoaae* cad acheges post so your account atayou ask
us to close youraccoar, wecan beep yolraocout open or
reopen IL We may close a suepad your account and your
right to OMM cm& We may do Imeatay ire and for any
rwrat even ryw ere riot h Wart. A suspension of your
accent can be pamrsent aismporary. If your account is
closed or suepenMeck you drat sop using your credit card
and account You mist also eahcN all preauthonmal baling
amaperrnYS to the W=r L We will not do this for you. r
we close a pemasrenlly Suspend your aawrt You =29
aho destroy a• era& ram and 600ou t tr=ess dascio. You
Met $0 Pay all arrwta you owe us m the account, even If
tle" ware charged afar your a=mt a dosed or
suspendecL
T. MWft PaymatS. Prymars you deal to to will be credhd
to your account as Mae Iwalm es dy we raceme k
w ided (1) you sand the boaom portion dtlhle staarrert
and your deck in the aclosed n MMM awelape rd q)
yon payment Is received in m processing cater by 3pm ET
(12 noon PT). Please allow at least five (5) business days for
postal doWery. Payments moviveci by us at any other
WCatibn a In any dhan tam MW net be aided as d to
dry we race" Bern our business days we Mondry through
0. rake nowt Electronic Check Convasslon.
Whan you provide a check as poymM you arlhoutce la
either to use ifon idion fromym dledcb make a ode-titre
electronic hrd barear from your depoe[ aroart ato
Process rte payment r a check UMOK )ort MM w, tae
ifonreUOn from your duck to male an alecaatc fund
Vessel flndt may bewlhdrawn from your d" account
as soon as the same day ws, rersAro your paynemL and you
will not receive your check bacK from yea ahahda
iretnllon. Your atahaucation a not Waled by the date on the
deck. We rreq resubmit and electronically collect retried
panne 6r.
9. BaMduptcy. r you am eMRkd b bsNahplcy Volecfixs fa
your account, this corrtmatpWTt is only for informational!
purpoaM. 111& not an attempt to commel, assess or Iaeover a
debt or chain Do not send any paymats directly 10 us
without spat rhg with your ba krugky adorns" or to
"W pdy Cart a you Want o aatad us about your
account or your wimpky prig. passed, have Your
attorney contact: us.
tBWNG RIGHTS SUtvNNRY
(In Cass of Eltora of Questions about Yoh Ban)
r you thin yon oil Is wrong, or ryou reed more Information on
is tralaaLb]n a brL Waeb us on a separm must as soon as
possible at the unless for irgniie s blown m the wort of go
aubrrarL We melat hear from you to k*w than 60 days ens
wesent you the Brat bed on which le emaa problem appeared.
You can call m Customer RNWons n rnber or notify m by
eras or wobale, but dorg so will not preserve ym rights. In
your leler, give us the following iermeo n: Your name ad
accent number. to dollar Grout of the rapKW error. a
description of Use error and an socolanallon, If possible. of why
you believe two IF an error; a if you mW more Wo mastrca a
mattpion or the rem you are urmsm abort Youder not rave to
pry any amount in queston while we are nve igeing 14 but
you are WW oblostad to pay the pals o (your bill that am not In
question. Male we brwestgah ymguestion, we cannot report
youn dWetque t a bake any actor b upland the grout yw
($ueston.
t Special Rule for Crack Card purchases
r you have a problem with to quality of prepay or
servkss
Ihat yw purchasesl with a craw Card and you have VW in gwd
lath to correct the problem win ere merct" you may have the
right not to pay the mmuking Grout due on the property or
services. You h" Itas protection only when tie purchase price
was more gun 760.00 and the purchase was me* n your
tome stale or within 10D mice of your mailing atlheu. (r we
own or Opentse the merchant, a rwe mom you the
advertisement for the property a services, all porchases
covered regardless of amour[ or bceWrn of Purchase.) Please
remember to sign as correspondence.
I- Obey not a" to busiess Wcou n
Capital One suppomb klomaston prwacy protection. see our
vmbw*at WNW COCKLIOM.WM
Capital One Is a federally mgMe eat service mark of Capica1 One
Financial Corporation. At 11ghas nerved. 02006 Capital One
Changing Address?
Address-. ...................................................................._...............
Home Phone
Alternate Phone ...........................................................................................
8479224 E-mail
Address ................................... _....... _.............................................
Please print address or phone number changes above using blue or black ink.
Not quite ready to make payments online?
No problem. Follow these simple steps to make sure
we process your payments smoothly:
Q
• Don't staple or paper clip your check to the payment slip.
• Be sure to use the payment envelope that came with your
statement. Using a different envelope could delay processing.
GO • Please don't include any additional correspondence.
0 - Last but not least, be sure to write your 16-digit account
number on your check.
PROTHONOTARY CUMBERLAND CO
CAPITAL ONE BANK (USA), N.A.,
Plaintiff,
V.
JULIE A GILL
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 of 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: - -
Kathy Moore
N00000034129230
538676685
A049
WELTMAN, WEINBERG & REIS CO., L.P.A.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
?4?ptr of u?fr'urrf??d
Jody S Smith
Chief Deputy
i'
4?b1 15?:
Richard W Stewart
Solicitor oFF;CE ('?r 7HE SRERtr F
Capital One Bank (U.S.A.) N.A.
vs.
Julie A. Gill
Case Number
2010-6310
SHERIFF'S RETURN OF SERVICE
11/01/2010 05:55 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on
November 1, 2010 at 1755 hours, she served a true copy of the within Complaint and Notice, upon the
within named defendant, to wit: Julie A. Gill, by making known unto herself personally, at 315 W. Shady
Lane, Apartment C, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time
handing to her personally the said true and correct copy of the same.
AN A COBAU , D UTY
SHERIFF COST: $50.50
November 05, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
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FILED-OFFICE
OF THE PROTHONOTARY
2010 DEC 30 V1 g: 22
CUMBERLARO COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA), NA
Plaintiff No. 2010-06310
VS. PRAECIPE FOR DEFAULT JUDGMENT
JULIE A GILL
Defendant
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# 8479224
Judgment Amount $ 3,463.67
a *a g
'Nom M ??d
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA), NA
Plaintiff
vs. Civil Action No. 2010-06310
JULIE A GILL
Defendant
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Kindly enter Judgment against the Defendant, JULIE A GILL above named, in the default of an
Answer, in the amount of $3,463.67 computed as follows:
Amount claimed in Complaint $3,313.72
Interest from September 21, 2010 to December 13, 2010
at the interest rate of 19.900% per annum $149.95
TOTAL $3,463.67
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: ,, \ ] _
g mes C. W brodt, ESQUIRE
A I.D. #4 %4
Weltman, a nberg & Reis Co., L.P.A.
1400 Ko Building
436 Seventh venue
Pittsburgh, A 15219
(412) 434- 955
WWR# 479224
Plaintiff's address is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219
And that the last known address of the Defendant is: 315 W SHADY IN., ENOLA, PA 17025
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
VS.
JULIE A GILL
Defendant
Case No. 2010-06310
IMPORTANT NOTICE
TO:
JULIE A GILL
315 W SHADY LN
ENOLA, PA 17025
Date of Notice: 110
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, WEINBERG & REIS CO., L.P.A.
Matthe ?-n
By.
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
8479224 N PIT M4G
IN THE COMMON PLEAS COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA), NA
Plaintiff
VS.
JULIE A GILL
Defendant
Civil Action No. 2010-06310
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, JULIE A
GILL 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:
JULIE A GILL
315 W SHADY LN
ENOLA, PA 17025
Affiant further states that the averments contained herein are true and correct to the best of Affiant'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
Department of Defense Manpower Data Center
40 Military Status Report
Pursuant to the Service Members Civil Relief Act
Page 1 of 2
Dec-23-2010 11:32:24
-K Last
Name First/Middle Begin Date Active Duty Status Active Duty End Date Service
Agency
GILL JULIE 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).
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 http:/1www.defenselink.miUfaq/pis/PC09SLDR.htm1. 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 12/23/2010
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:6L7DGS4VSA
https://www.dmdc.osd.mil/appj/scra/popreport.do 12/23/2010
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 10-6310 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CAPITAL ONE BANK (USA) N.A. Plaintiff (s)
From JULIE A. GILL, 315 W. SHADY LANE, ENOLA, PA 17025
(1) You are directed to levy upon the property of the defendant (s)and to sell s .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
PSECU I CREDIT UNION PL, HARRISBURG, PA 17110
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof,
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$2,567.07 L.L. S.50
Interest $779.03
Atty's Comm % Due Prothy $2.25
Atty Paid $188.00 Other Costs
Plaintiff Paid
Date: MAY 25, 2012
/ 1 l
David well, Prothonotary
(Seal) By:
REQUESTING PARTY:
Name : MATTHEW D. URBAN, ESQUIRE
Address: WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 KOPPERS BUILDING
436 SEVENTH AVENUE
PITTSBURGH, PA 15219
Attorney ,for: PLAINTIFF
Telephone: 412-434-7955
Supreme (Court ID No. 90963
Deputy
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE',BANK (USA) N.A.
Plaintiff
vs. Civil Action No. 2010-06310
JULIE A GILL 3t S W?`e''a . ?? l?luaS
Defendant
PsECV, \
Garnishee
PRAECIPE TO INDEX WRIT OF EXECUTION
AND ENTER IT IN THE JUDGMENT INDEX
TO THE PROTHONOTARY:
Kindly issue a Wait of Execution in the above matter...
1. directed to the Sheriff of Dauphin County:
2. against Julie A Gill, Defendant
3. against PSECU, Garnishee
4. and enter this writ in the judgment index
(a) against Julie A Gill, defendant, and
(b) against PSECU, as garnishee ,
<> cll r± '
? `?
cry
. is
as a lis pendens against real property of the defendant in the name of garnishee as follows:
Any and/or all personal property belonging to the defendant(s) in possession of the garnishee(s).
5. Judgment Amount
Less payments of
Interest
Costs
SUBTOTAL:
Costs (to be added by Prothonotary):
Coco CA
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Ci a. C)o
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u ?.
It If (r
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a 00 -? o
$ 3463.67 ?? a 5 (1']. ?1
$ 896.60 ,
$ 779.03
$
$ 3346.10
Y.
WELTMAN 7BERG & REIS CO., L.P.A.
B Matthew D Urban, Esquire
PA I.D. 490963
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
ekLg 16s03vy
Ft ??-7 <?-7 9-7
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE'',BANK (USA) N.A.
PlaintiffNo. 2010-06310
vs. PRAECIPE FOR WRIT OF EXECUTION
AND ENTER IT IN THE JUDGMENT INDEX
(BANK ATTACHMENT ONLY)
JULIE A GILL
Defendabt
PSECU,
Garnishee,
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Matthew D Urban, Esquire
PA I.D. #90963
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#08479224
i
WELT'MAN, WEINBERG & REIS CO., L.P.A. -• ~~~_ ~ ~~~
BY: William T. Molczan, Esquire AttorHey for ~~Q~H~D~ ~~
LD. No.47437
436 Seventh Avenue, Suite 1400 ~~ ~ ~ A~ ~ 5 ~~ ~; (t
Pittsburgh, PA 15219
Phone: 412.434.7955 ~v
Fax: 412.434.7959
File #8479224
CAPITAL ONE BANK (USA),NA
CUMBERLAND County
Court of Common Pleas
vs.
JULIE A GILL,
N0.2010-06310
and
PSECU
Garnishee(s)
PRAECIPE TO DISCONTINUE ATTACHMENT ERECUTION
TO THE PROTHONOTARY:
Kindly mark the above matter discontinued and ended as to Garnishee(s), PSECU, , only.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By ,~`
William T. Molc squire
Attorney for Plain ff
Q„~•~l. °~ a~
a 9 s-to