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Home My WebLink About06-5304 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLN CIVIL DIVISION CAPITAL ONE BANK Plaintiff No : QL -- 526 Y VS. DAVID J WITMAN COMPLAINT IN CIVIL ACTI 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 05215805 C A Pit SGM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No DAVID J WITMAN Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend a ainst the claims set forth in the following pages, you must take act on within twenty (20) days after this complaint and notice are serve by entering a written appearance personally or by an attorney and fili g in writing with the court your defenses or objections to the claims s t 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 ou by the court without further notice for any money claimed in the omplaint 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. I 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 MA BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OF ER 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 JERICHO TURNPIKE #190 SYOSSET , NY 11791 . 2. Defendant is adult individual(s) residing at the below: DAVID J WITMAN 59 SMITH RD GARDNERS, PA 17324 at 6851 listed 3. Defendant applied for and received a credit card beari g the account number 5178052124743291 . 4. Defendant made use of said credit card and has a curre t balance due of $3072.66 , as of August 12, 2006 . 5. Defendant is in default by failing to make monthly pa ents when due. As such, the entire balance is immediately due and pa able to Plaintiff. 6. Plaintiff is entitled to the addition of interest at t rate of 25.900% per annum on the unpaid balance from August 12, 200 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhi it 11111 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 ?laintiff. Wherefore, the Plaintiff prays for judgment in its fa or and against Defendant , DAVID J WITMAN , INDIVIDUALLY , in the amount of $3072.66 with continuing interest thereon at the rate of 2'.900W per annum from August 12, 2006 plus costs. V, y - Ja s C. Warmbrodt,425 4 W WEINBERG & RE S CO., L.P.A. 6 eventh Avenue, Su'te 2718 it sburgh, PA 15219 (41 ) 434-7955 F 412-338-7130 0 215805 C A Pit SGM This law firm is a debt collector cYttempting to collect th?s debt for our client and any information obtained will be used for t 1#t purpose. 002 One" , • Employers check credit references before hiring new people. • Banks and leasing companies often base the interest rate they offer you on your credit rating. • Achieving life goals such as buying a new car or owning your own home are facilitated by good credit' • Credit Bureaus keep information on your record for up to ten years so a credit problem history can fa ow you around for a long time. 002.1001 CaapitalCW Account S Previous Balance $1,622.23 Payments, Credits and Adjustment& $.00 Transactions $64.00 Finance Charges $36.71 New Balance $1,722.94 Minimum Amount Due $1,722.94 Payment Due Date September 02, 2003 Total Credit Line $1,000 Total Available Credit $.00 Credit Line for Cash $1,000 Available Credit for Cash S.00 At your service To all Customer Raafi" or to report a loot or stolen card: 1-800-903-3637 For free odne socount s oe and special outomer offers, log oa to: www.npihlo-on Send p+rmam to: Send k quiria one. Arta Res ummoe Processing Capad One Senira Capital Ode Seni- P.O. Box 95147 P.O. Bos 85015 Rkh.-d, VA 23176 Rkhmeond, VA 23285-5015 Intoorrant Account Inforatation Did You Know? Capital One offers more than just credit card product. With more than 47 million accounts, Capital One provides valuable financial solutions- induding auto loans, personal loans, CDs, money market accounts and mote- to one out of every three homes in the U.S. W m b Ones PLATINUM MASTERCARD ACCOUNT 517&0521-2474-3291 Credits and Transactions AUG 02, 2003 Page 1 of 1 1 03 JUL OVERLIMIT FEE $29.00 2 o2 AUG PAST DUE FEE 35.00 You were assessed a past due fee of $35.00 on 081OV2003 because your minimum Payment not received by the due date of 0810212003. To avoid this fee in the fimue, we recommend than allow at least 7 business days for your payment to reach Capital One. EXHIBIT Finance Charges P/easewrevenesideforinlisrtantinfwan w Bd-ra, Pni g ;L.,7yw,.1 V appfudta rate APR l rfAK PURCHASES $1,668.92 .07096% 25.90% x36.71 CASH $AO .07096% 25.90% $.00 ANNUAL PERCENTAGE RATE applied this period 25.90% PLEASE RETURN PORTION BELOW WITH PAYMENT. 0000000 0 5178052124743291 02 17229400500017229431 Pkarrp.iararaliwd.rinr? .-,adtdseegr,ddw„uedalrrwN.cfins New Baance $1,722.94 1 Minimum Amount Due $1.722.94 son, Apt R Payment Due Date September 02, 2003 Total enclosed S Accomu Number: 5178-0521-2474-3291 Capital One Bank P.O. Box 85147 ltlnlultltlultltltl Richmond, VA 23276 1111811111111111111161111111 Gry Sdte ZIP I Home Phone Al-- Phone T I FmsdAdd- I I 119021586848212720# MAIL ID NUMBER DAVID J WITMAN 59 SMITH RD rr'+ wannin¦ GARDNERS PA 17324-9000 c^ ?• G = IIIIIIIrrtltrlast[IIIIII I IItlnIII I IIIntllrrrt6lelJtrlltttl Please wdeyorv aaonnt aurabrr on yore dwi or monq order made- payable to Capita! One Bank and mail in ae encksed enmelope. o>_ g o I o n 1. Nwv To Awid A FYusrs tlrrpa. nsan groom period of tor. anew •aIM. You wR heve s on padaoc ram. To ebtaln tltD svmape tlaity beiance Id the dippe d.d covered by this atataaand we take the nee, add b f d a d f n rs your atxorat IT It rue nroaov enagnl if you aWnrizad a purches trO receive the uareartian from ate aaas. nror exampre, um and we TO after your o 26 slays vnlanem Arnarnee deeps on row perinea, new bahrtp tmmhro, mete spadM purtiuw ant raw other e ance o :.ce " ay, y a trboa... 111 e aspana N " payments ansaedorr to rich sgnsrc and wr accoud has been closed, your es be reopwud, dxrps i} you paY Your tatei 'New Beiartp', M th t m Aa from IT f kris or nsdte. IH the cods N sppserr on lied IT we also t t 'Bels Rat A t t the amens of tlr deeps wBl be arul6le for arty ou wei be raa to your stcWm. f time h d accomsre with 1M MpoHart Notice for payments balm, and M time for It to be cmdited by your neat[ statalellt roe pp atemen net o s wAtfad any untold Arwca dupe Mduded M the balvrce y p membandip lea for Vona anxsur will cornUnas t doiq drte. Thera la no prep period at psh aMatps A of each segment.) This gives w the daily bahres of each hd h d ll d b to be drrpsd, to the ocean pe aid in o t balance has been low, until the eMUd above m-, them h no grace pedod nr she spadd tx(sro. In ou do not the tow New tr.rraeuon it a m st anas r eac yY sepned. Then, we a d uupp a 1M :A asgmanl for the damp paled and tli y Ihe taei 1 p un M 7. that eau Aaare.rour non . nmm he p y y y babnp.' ives us nurbr of days M the dpxrp perioThis V= the r wed M nxratactlon viM any leas dirp rractlps wNnin am not b. Aaanrlrp Faunae Gsrpe. Tra 11 d A d d a99ss dopy balawe of eam aepnat. a Reis IAPRI 3 ad raesnta -E Transactions. I 1 rum eeps are sssaase aWjerH to • prep perio Irotn the Ms d the trorwetlon a 2) flan the dam the . . e tf a. The term 'Anrexl Mrcemape Ram' msY eppesr as (M 1 BILLING RIri11T8 SUMMARY trarm h pmceased to ytnr Account 01 3) from the APR' on tie frpm of tltb M to nera. fin Case Of Errors Or Ouestiore Your 11111 Ara plantar day of the current bpprp Period. Addaoneily, b. It The coda P (Prime), L (3-mo. UBOR), C (Gntricata d It you thMk your hit b v O , a H mead more tt 60 not the 'New Btlarnn' Irpnn Urs prsNaM you pay Depoeit), or S (BaY(eud Primal appaaro on are item of d eon or rip, • tn roa Irdermad n on on a m w Iipknp pentad M fug, Artaws durylas pmwe m accrue m xis statastant next h the padnrnlfc dtelei, the periaoe aparne efnsat as -a= k ft. addroas br your unwid balance until ore untpaid balance is paid in iris. NO mere that you may stlA owe Arrsrm =T: =' If hd t d h w N l B rates and pnapudrq AW4UAL PENCENTAOE RATES may vary gwnedy end may inc,"as a decrease based ss fonrrd M TM WW Sdesr on the rated Micas inpidas shown -on Wa hear fian you no later then SO de Am[ bR an which the error or prod . We must a vve sate you the appeared. You can ' u e you pry t e a ro ew ance a z ststatnam by the rnsxt atatsrnart dodnp Me, but did , Jame, Plus the mar¢n gproaNaaly disclosed m you Wan CLNI~ Ro ati reatAsr, s tt 9 i ding a0 Will not en /olbww not do s for 1110 praNae month. Unpaid kung dupas adtled m pe ppkade aepmstm Of your Arxeet. an C e For each bile peered slut Aarnieaan F'kneese Or Thes durgea wig ba all - on seam Ara day of yar tralrrp period eoceretl by tour PedoAC anemam erring M the anomie JaauTY ApR Jd and October. n your e s, proasrve Your v s. Mlormsdon: ywr rwne and sccarp amend of the expected error, Ir 5 us s , Me idler of the error g t . rq y Arerce dee, a mlNnnan c. 11 thecode D Wrinul, F Il-meat. UBORI a G 13+ne. and an axplaretlm, It posaele, of you bepsve them is yea acearant bw? act m • rp tool RNANCE CNAAOE of W.60 vsl be imposed. If the LIBOR Reprirbd MmWy) appearo on the frpnt of your an error; or N you road mom knbrm • dascdptlon of total Araw s dr.rgs reading hen the epcetlm of yw Ntsman nszl to 7M patWAc dmW, ttu pedoac rats the ham yw am arum about. Ya rust has eo peY a^Y periooe rstalal is eas than 40.60, WemI .must out end prmmaWr ; ANNUAL PEACENTAOE MTES may amoud M gwatim wHla we am k, but you amonm from the $0.60 minimum and the dltfa cs wet be vary To y a may Irwteaas a decrease based an the are sap oMPMed to PIY ore Potts of the are non bpkd to the grdew segment of your account. stated lidos. as bud M TM Ww Sfrast JOUnef, 0- M rl•asadt. Wldle we invsApne we canoe tab my m tc copeet tiro leirass, O - . We rsaX the the == , 'asd to you. These dengue -,It you as deMgrxnT or t d. TIORWoray R.A d m in F ps Oman my or ON kwce daps for my given s meanie. Ern day of ywr bi" period mean you gwstbn right to not he . 2. A blp= 0WaWw 1=;r P rdrasasl. 4. Assessed of Lets. Overlies ad Restated Payeare Fes- i.i- Bpedai Rds Fe crook card Pu?saas two of the ks a. 1lrerce daps b cdIPINnP the pgY Maur exam rW he saaepsd no more than balance of eatlt segnners of your accarm le.p., cash limed hem that otxar riming any bwv Period. Under tie If ycu heve a prodem with I the t}rdk f property or dye - purcduas, apadN traler, and spetlel purd hose) term of your customer agreemert, we reserve the right m y an. nxrr.eperrdirnp daily psdodc raro(ei out fw been wove a not to a- any toss v too= prior nodAeatiun m asrNCas Uut you I+udvaed wRh ¦ c cent and y U PIO.'e.iy Missed m you. At the end of ucle bay dudmP wlthaP waiNrrg our right m aaeaa the sane or aimihr hew tied In good too m comae mdam vM to the hAW p poriad, we pPIY tea dNy period a rota for si tt a titer Ante. mendem, you may hew "III rtpn he romakwp aa0tpar• Of your accodt m the nLlly bderep of , ch 5. Ynu A: of If a merrreeneHp tee amou t due on the PmPeM or ashe Cu Yohew IN. segment. Than st the end of the Oppnp Period, ws add UP afAeam m tie hO of rids datemsnr. You heve 30 Prosaism any when the Purdwe dies more than the results of Ihm dailyy catculat" to amve at Your Gya front the Me 11. statement woa mslled m you to $60.00 and the PL.cheas tvas yen here non or peaooc kung dumps for ==% We add rp ttu avid paypq the fee a to .Dl.prp a hew curie M ctaoM to you Wlren 100 Mks of your me1Rq . 61 we own a aepnent antes parodic if you Carrpd your accoramria period, Ycu may =%== or K vre mei den rsnits ironnn If nrps hr you accent. To pea the dasy balance nxnane to tae your sccaas whhdn hetMp m pay the property or as , dl purdgas for soh sepnam of your anxasn, we eke the beopeapp ma -P he. To carcei your atxotat, YoU must am caverad ropnosa M reeaum a! of f+Urdus.) balance for each aeQtnsrm .rd odd my tronascdone nodfy s by taping our (]xtpner Rdsaro Dapartlnam Please remember to sign ea p 633705 and any pedoo0 knarncs dupe nlnxteta d onthe proNoee r n W th bt l ' k and pay your Nsw adance' In iris lethe eriod m mberdd tee) or m the and of .!=. t 0- not apply ro awesome non-c cad aa'ornr+ p at espma . en w rae any e y p rvx br s s Wy a W ed 8. N Ysu Cbr Yar Aaaaead. Ycu nn repeat te dos ant day slut pryma a croon atl m u alanceerrce dopy y bd to That s rt. Thh gtvs us g sgra nste the epnw YYoouUr accdat by rxiArnp ore Gmoma Retailer i Does mar apply ro buahresr non-crest red accoues for each sepmaa of your acwtant. Honer, if you paid the New Balance detvn on your P-A.U., .tatenrnert M M (or uepartnretd. You must dainty your trait pmts) and attarnt accss deco, cancel dl proeWtodzed ding. Caphai One mWons infomutlm pdvwy protection: ss our rt yo a new balance vas zero a • credit amaan), new uncei and ceaw udrq yo r account. N you do not er vne ill nrMder d d N h h webdte rt www.r+Pitdaro. p n. tranaecdore wNdt pod m ==d:6;= Purduas aeprtess am rat . we Pm s o ze eap sn r , w zakn apm your Gpiul One b e tederaNY repaterod =To of Capital Aii ngltd 2003 Coryaaam nkeame the avaaq dilly edsrce M arNkp s the dstly your atxnun wig nor he clcsad ==11y, . Ca ita balances topeansr and dvi&tp tle wan bV ore TO rasnber of uml you pay M amass you owe u kduorrp: any p tryds. To ralaia your mW 11 trosan/aee YOU have aurhorizad, flrnsrrce dxrpas, pen rps, nadtlply yax avaags dWY hdernp by'he = -: deity periodic ram and ty the mmba of days M the bMkV due has, overiMttary parr fss aaseerd has, attuned WYtrean has, nab advace its wT to your period. Due to rounding on . dolly basis, sere may be . aMc M. You .ro responsible for ores amours whether dl veriallEe between xis nlataaon she the arastaa of they appear m ywe aacasrt at au one ycu repeat to Arence de actwllY aaasaasd. done the aaAex w they are Marred akixegrent to b. If the pods Z or N appearo m tle hat of this statement your repeat m dos the acwm. TN. may roast M next to 'Belarex Rate Apo ed To,' wn ,Uhwv the dupes appsaft on your arxtxan after you he- maw 01 LGLBAK 'l JJl Important Notice: Your payment will be credited to your account as of the date we receive it, provided you send this bottom portion tl this statement and your check in the enclosed remittance envelope, and your payment is received in our processing center by 3 p.m. pants addressed to our Virginia or Georgia processing center must be received an a business day by 3:00 p.m. ET. Payments addressed to o r Washington processing center must be received on a business day by 3:00 p.m. PT. Please allow at least five (5) business days for postal delivery. Payments received by us at any other location or in another form may not be credited the same day we receive them. Our business days are Monday through Saturday, excluding holidays. Please do not use staples, paper clips, etc. when preparing your payment. . . . $ VERIFICATION The undersigned does hereby verify subject to the p ties of 18 A. C.S. 4904 rating to unsworn falsifications to authorities, that he/she is (NAME) of ?-?+ I r J?^`- ?` ?C plaintiff herein, that --Aae, )4 (TITLE) (COMPANY) he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information (SIGNATURE?? WWR#,J5a21S J 6 -- b {\ 0 e' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BAND Plaintiff VS. DAVID J WITMAN Defendant No. 0&5 304-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. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05215805 Judgment Amount $ 3312.50 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 BAND Plaintiff VS. Civil Action No. 06-5304-CIVIL-TERM DAVID J WITMAN Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT &DGIV>[F. NT Kindly enter Judgment against the Defendant, DAVID J WITMAN above named, in the default of an Answer, in the amount of $3312.50 computed as follows: Amount claimed in Complaint $3072.66 Interest from AUGUST 12, 2006 TO NOVEMBER 30, 2006 at the legal interest rate of 25.9% per annum $239.84 TOTAL $3312.50 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: WILLIAM T. MOLCZ , ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L,P.A, 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05215805 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 59 SMITH RD, GARDNERS,PA 17324 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff DAVID J WITMAN Defendant(s) IMPORTANT NOTICE TO: DAVID J WITMAN 59 SMITH RD GARDNERS,PA 17324 Date of Notice: WWR#: 05215805 Case # ??34 L Vier YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 BY: JAMES BRODT, ESQUIRE PA I.D. 42524 WELT WEINBERG & REIS CO., L.P.A. 2718 1fC PERS BLDG, 436 7TH AVE. PITT GH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Case no: 06-5304-CIVIL-TERM Plaintiff vs. DAVID J WITMAN Defendant NON-MILITARY AFFIDAVIT The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, DAVID J WITMAN is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, DAVID J WITMAN is not in the military service. Further Affiant sayeth naught. AFFIANT S RN TO AND SUBSCRIBED in my presence this day N)cc COMMONWEALTH OF PENNSYLVANIA Notarial Sea' 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. ARY P _ IC ounty ' iQ9 Member, Pennsylv an,a AssocaG:,n 0 Notands Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 DEC-01-2006 05:28:54 Last Name First/Middle Begin Date Active Duty Status Service/Agency WITMAN DAVID Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. 14.110,44, 6 4bk? In A?? 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. #167;#167; 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: httD://www_ :defen_ selink.mit faq/p s/PC09S_L_DR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd,mil/scra/owa/scra.prc_Select 12/1/2006 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: BCHUYBTHAFU https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 12/1/2006 v F- n Vl./ ?4^1` 0 0 t i J e N j IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL DNF, BANK Plaintiff vs. Civil Aption No. 06r53047ClVlLrTERM RAVID 1 WITMAN Def&I?dant tjOTICE OF JUQOMENTQR ODDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Ord r Judgment was entered against you onFwr t 1006 (xx) Assumpsit Judgment in the amount of $3312.50 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-Prsas ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: PROT ONOTA DAVID J WITMAN 59 SMITH RD GARDNERS,PA 17324 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 13219 1,888-434=0085 SHERIFF'S RETURN - REGULAR CASE NO: 2006-05304 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS WITMAN DAVID J GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WITMAN DAVID J the DEFENDANT , at 2027:00 HOURS, on the 6th day of October , 2006 at 59 SMITH ROAD GARDNERS, PA 17324 by handing to DAVID WITMAN a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 17.60 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 45.60 10/09/2006 WELTMAN WEINBERG REIS Sworn and Subscibed to By: before me this day Deputy She f of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. DAVID J WITMAN Defendant PNC BANK, Garnishee, No. 06-5304 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) 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 Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05215805 f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 06-5304 CIVIL TERM DAVID J WITMAN - 99 ?r,tit?4 Defendant PNC BANK, - /00 ?KscJ.s.wrsbc...cr, 17,E ? 7caSS Garnishee PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against DAVID J WITMAN, Defendant 3. against PNC BANK, Garnishee 4. Judgment Amount $ 3312.50 Less payments of $ 54.40 Interest $ 557.06 Costs $ SUBTOTAL: $ 3815.16 Costs (to be added by Prothonotary): $ WELTMAN, WEINBERG & REIS CO., L.P.A. W r By: William T. Molczan, Esqui PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05215805 . CS) OF THE FIRS 7H;0NOWY 2009 OCT 13 PM 3: 51 ch iN;S` IL iA,NiiA ? o er?- 55.50 ?.OO n a.so °'x/3'7.10 - PD AT'E Y 444.0 o bwe dD • so LL, C*--g 'qZ4?&3L4. '-Z `ley ECJAJ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5304 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK, Plaintiff (s) From DAVID J. WITMAN, 59 Smith Road, Gardners, PA 17324 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: PNC BANK, 100 Mount Allen Drive, Mechanicsburg, PA 17055 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 $3,258.10 Interest -- $557.06 Atty's Comm % Atty Paid $137.10 Plaintiff Paid Date: 10/13/2009 L.L. $.50 Due Prothy $2.00 Other Costs (Seal) REQUESTING PARTY: By: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Deputy Telephone: 412-434-7955 Supreme Court ID No. 47437