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HomeMy WebLinkAbout08-2273IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: ?g- aa73 vs. COMPLAINT IN CIVIL ACTION KELLY A RATTAY 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 06436396 C N Pit SMI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No KELLY A RATTAY 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 at 15000 CAPITAL ONE DRIVE RICHMOND , VA 23238 . 2. Defendant is adult individual(s) residing at the address listed below: KELLY A RATTAY 603 HERITAGE CT MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXXXXXX7201 . 4. Defendant made use of said credit card and has a current balance due of $1214.77 , as of March 06, 2008 . 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 29.200% per annum on the unpaid balance from March 06, 2008 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 11111 and made a part hereof. i. 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 , KELLY A RATTAY , INDIVIDUALLY , in the amount of $1214.77 with continuing interest thereon at the rate of 29.200% per annum from March 06, 2008 plus costs. James C. rmbrodt,42524 WELTMAN, W INBERG & REIS CO., L.P.A. 436 Se ent Avenue, Suite 1400 Pitts urgh, PA 15219 (412 434- 955 FAX- 412- 38-7130 06 6396 C N Pit SMI This law firm is a debt collector attft ;ng to collect this debt for our client and any information obtai e will be used for that purpose. -nvn FYov T - o W Y -Ka ?* x - m O am _ °o W -_ rm ru F N N G S 3 c m 7 0 ID Q. - 3 ? ?e ac man ? =WHO _-a=<w Zri ?HAab =nM 41 -fAm - W>a N C m- N -?n{tea - ? N = a ? o -a r t' _ a o m z m 00 CO O O A 3 r 3 n CO C co 3 C'D's W `t -1 ? ? v m ? O N ? p N O V ' p f 3 O D C T 2 C 3 O- m 1 A N W 01 N -Pb O V 0 4- 00 N W o• N r OD O of 3 v N O 2 VI 0 CD O W O O O O O O O W ?O O W O 00 0 ® D ?m ?m oD R- m3 m 01, R. a 09 ir aV y S /D n Lp T\ d m mm W s ?? a m a? ?? S ° 0 6? m g ? B Era T at ag -. ? ? C1 S a vg? S ? A O ? a ? \ $ mm <A00 DODD S4 W?D(? mZDm omPv m003 ' gzmz In )0M 0 M Axv x 0 0°0 0000 0000 c o' V ? o N ? m I ? v ? O 00 a V + as ° CO V zz co mm ? E 111i ' O1 m m g + n R3- cn n ?03, a z'fX 3S'? ? ? n ? m 4 L E 2g?' w. a w D. ? 9 C) O ! ?vm m zvn O. ? a 6i??,m? m ?m r??yvg m = No g g o m ? ? ? 3 fpm m ? w .ms?m? 'S m ss,tt C ?S e m a ? m pcp?'? 3v co O m 7 m 2 42L o c m ?g 0 3 c > w co 3 SL C) m ? L 3 m <° ° $?m A `°' m? w ?-' °'? g n ? v m a s -m m m c m EF So S$ `? gm o Cv m g ?v m m 8 VERIFICATION CAPITAL ONE BANK (USA), N.A., successor-in-interest to Capital One Bank vs RATTAY, KELLY A 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, MAISHA DAVIS, Authorized Agent, of CAPITAL ONE BANK (USA), N.A., successor-in-interest to Capital One Bank, Plaintiff Herein, that he/she is duly authorized to make this Declaration, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. MAISHA DAVIS Notary Public JAMELA SINGLETARY NOTARY PUBLIC GEORGIA, DEKALB COUNTY MY COMMISSION EXPIRES NOV 4, 2011 4862362480617201 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. Tf , IT 09 m 9o a 7" - C> CAJ CZ) , IA, . j ,i q SHERIFF'S RETURN - REGULAR CASE NO: 2008-02273 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA NA VS RATTAY KELLY A NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RATTAY KELLY A the DEFENDANT , at 1700:00 HOURS, on the 17th day of April , 2008 at 603 HERITAGE CT MECHANICSBURG, PA 17050 KELLY RATTAY by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 41.1"1 C°8 ? ... Sworn and Subscibed to before me this of So Answers: 18.00 9.00 . 00 10.00 R. Thomas Kline .00 37.00 04/18/2008 WELTMAN WEINBE I By: day ' { Depulty Sherif: A . D / /?C??'/`?'? ?G ??-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. KELLY A RATTAY Defendant No. 08-2273-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#06436396 Judgment Amount $ 1302.23 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 08-2273-CIVIL TERM KELLY A RATTAY Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, KELLY A RATTAY above named, in the default of an Answer, in the amount of $1302.23 computed as follows: Amount claimed in Complaint $1,214.77 Interest from 03/06/08 to 06/04/08 at the legal interest rate of 29.200 % per annum $87.46 TOTAL $1302.23 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#06436396 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`s Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 603 HERITAGE CT MECHANICSBURG,PA 1.7050 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNS YL ,NA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. KELLY A RATTAY Defendant Case no: 08-2273-CIVIL TERM NON-MILITARY AFFIDAVIT The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, KELLY A RATTAY 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, KELLY A RATTAY is not in the military service. Further Affiant sayeth naught. AFFIANT / SWORN O AND SUBSCRIBED in my presence this day of . COMMONWEALTH OF PENNSYLVANIA w Notarial Seal Wendy L. Gault, Notary Public NOTARY P IC City of Pittsburgh, Allegheny County My commission Expires July 15, 2010 Member, Pennsylvania Association of Notaries This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff KELLY A RATTAY Defendant(s) IMPORTANT NOTICE TO: KELLY A RATTAY 603 HERITAGE CT MECHANICSBURG, PA 1?7y0-?5f 0 Q Date of Notice: l T,? I A-+ 10 U WWR#: 06436396 Case # (8' 2001-J3 `C1VJL 7MRM 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: ? z? NCW-" Wl'Jp?- PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BLDG, 436 7TH AVE. --.......,, T""y.r nT 1 479 q Request for Military Status Lepartment of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 JUN-04-2008 08:21:42 Last Name First/Middle Begin Date TActive Duty Status Service/Agency RATTAY KELLY A 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. 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. 55 501 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. https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 6/4/2008 Request for Military Status Page 2 of 2 If you obtain -=urther 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: http://www.defenselink.mil/faq/pis4PCQ95LDR.htmi WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report I©:BVVSFVPRTEZ https://www.dmdc.osd.mil/scra/owa/scra.prc-5elect 6/4/2008 C U ge 00 fl CD fil r c .. . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 08-2273-CIVIL TERM KELLY A RATTAY Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on tohzot6a (xx) Assumpsit Judgment in the amount of $1302.23 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary A By2O5zANOTA PR E TY) KELLY A RATTAY 603 HERITAGE CT MECHANICSBURG,PA 17050 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 1-888-434-0085