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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 a?A !^ 00 5 ?aa. k ??t3 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, O 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 6m? r? ^m.11 f C, F9 - ..,..? S"5 /yam ? D - 1 " C.../ :3 - (M GountySuite Shenff, T'eleosoft. Inc. I f , 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 so.S6 Ci a. C)o ?r u ?. It If (r bO ? tt ff 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