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Home My WebLink About09-1087 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: C q- 108`1 CIVj (ems VS. DONALD M PINTI 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 07081061 C N Pit CFR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No DONALD M PINTI 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 1 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: DONALD M PINTI 513 MARKET ST NEW CUMBERLAND, PA 17070 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX0263 . 4. Defendant made use of said credit card and has a current balance due of $3025.12 , as of December 17, 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 25.100% per annum on the unpaid balance from December 17, 2008 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1" and made a part hereof. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for judgment in its favor and against Defendant , DONALD M PINTI , INDIVIDUALLY , in the amount of $3025.12 with continuing interest thereon at the rate of 25.100% per annum from December 17, 2008 plus costs. James C. armbro*t,42524 WELTM?,N EINBERG & REIS CO., L.P.A. 436 Se e th Avenue, Suite 1400 Pitts r h, PA 15219 (412) 4 4-7955 FAX: 4 -338-7130 070 1 1 C N Pit CFR This law firm is a debt collector atte ing to collect this debt for our client and any information obtaine will be used for that purpose. ft. EXHIBIT FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date C$1,866 71 - C$0 FDC:i51 43 C$201 51 = C$2,119 65 C$151 00 Jan 11, 2008 Nov 18, 2007 - Dec 17, 2007 Page 1 of 2 PLEASE PAY AT (FAST TNS AW)LAT MasterCard Platinum Account 5176-0526400.0263 Q?tHals* Your Account Information REWARDS TOTAL CREDIT LINE $2.00000 TOTAL AVAILABLE CREDIT $000 CREDIT LINE FOR CASH $2.00000 AVAILABLE CREDIT FOR CASH 000 Finance Charges (Please see reverse for important information) Balance a Periodic Corresponding FINANCE to rate APR CHARGE Purchases $850.&5 0 00000% 0 DO% $000 Cash $1,17363 007507%D 27.40% $26.43 ANNUAL PERCENTAGE RATE applied this period. 30.49% Q At Your Service 1.800903.36.17 To cal Custorner Reliffhons or to report a lost or stolen card ® Serdpayments to. Caporal One Bank P.0 Bon 70884 Charlotte, NC 28272-0884 A Send inquiries to. Capital Ona P 0 Box 30265 Salt Lake City, UT 84130-0285 Q For mole information on your Rewards. vba: wine cap8alone.cmJLaAvaaards Cal 14M22g-3001 ® Have a question about a charge on your statement? Please refer to the Billing Rights Summary an the back of year statement or visd You're behind by two payments Let's talk H you re having financial difficulties and can't make your minimum payment - we want to help Lets work together to find a solution that works best for you Give us a call at 1 SW 955 7070 Rewards Summa Previous available balance $7 89 Earned this period $015 (rdeds transactions posted during fhb being cycle) Available Balance $804 Payments, Credits & Adjustments Transactions 1 17 NOV PNC RANK1438 S THIRD STRE LEMOYNE PA $2175 2 17 NOV 0999999000190311860 W 19 STEELTON PA $2200 3 17 NOV 0999999000190311860 W 19 STEELTON PA $2200 4 17 NOV HESS 38419 038 LEMOYNE PA $1501 5 19 NOV CASH FRONT END FEE FINANCE CHARGE $500 6 19 NOV CASH FRONT END FEE FINANCE CHARGE $500 7 19 NOV CASH FRONT END FEE FINANCE CHARGE $500 8 23 NOV MEMBERS 1ST FCJ714 W MAIN MECHANICSBURG PA $2175 9 24 NOV CASH FRONT END FEE FINANCE CHARGE $500 10 25 NOV WEIS MARKEJ5140 SIMPSON F MECHANICSBURG PA $2100 11 26 NOV CASH FRONT END FEE FINANCE CHARGE $500 12 12 DEC PAST DUE FEE $3900 13 17 DEC OVERLIMIT FEE DEC 17, 2007 $3900 6056 506 1 07 17 071217 PAGE 1 of 2 OlDM6056 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO W W W CAPITALONE COM TO MAKE YOUR PAYMENT ONLINE 0 5178052606300263 17 2119650000000151003 Capl ol18' what's in your wallet?" Account Number: 5178-0526-0630-0263 New Balance Minimum Payment Due Date Please print addressor phone number changes below using blue or black ink $2,11965 $151 00 Jan 11, 2008 Address PLEASE PAY AT LEAST THIS AMOUNT Amount Endosed C Capital One Bank P.O. Box 70884 ?r?rr???rrrrrr??rrr??? Charlotte, NC 26272-0884 IIIIIIII I'111'II'III?Ii?ll?llllllllllll?ll?lll?llllllli?lllll? Nome Phone Alternate Phone E-mail address Q #9035222131323057# MAIL ID NDMBER DONALD N PINTI 513 MARKET ST NEW CUMBERLAND, PA 17070-1436 kaIIII I IIIIE,EImIIIE,unIIIIInuIIIII I Inn III I IIIIIm 181061 Please write your account number on your check or money order made payable to Capital One Bank and mall with this coupon in the enclosed envelope FINANCE Previous Balance Payments 8 Credits CHARGE Transactions Now Balance Minimum Payment Due Date Jan 11,2008 $1,86671 - $000 + $5143 + $20151 = $2,11965 cEiD Nov 18, 2007 - Dec 17, 2007 Page 2 of 2 PLEASE MY AT LEAST THIS AM(AJKT Platinum Account MasterCard MasterCa latin Under terms previously da closed to you, some or all of your Annual Percentage Rates (APRs) have been x3 inovased ance your account was past due twice in the past 12 filing cycles If your rates have already norsased, subsequent delinquencies extended the durabn of the increased rams Remember If we receive Your Account Infonnatbn REWARDS your mmmum monthly payment on time for 12 oonsecubve bang cycles, this account will be reviewed fa a possible return to your Non-Introductory APR TOTAL CREDIT LINE $2,00000 TOTAL AVAILABLE CREDIT $000 You were assessed a past due fee bemuse your minimum payment was not received by the due date. To avoid CREDIT LINE FOR CASH $2,00000 this fee in the future, we recommend that you allow at least 7 business days for your minimum payment lo reach AVAILABLE CREDIT FOR CASH $0 00 Capital One 181061 6056 506 1 07 17 071217 PAGE 2 of 2 OIDM6056 PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. DONALD M PINTI Defendant(s). VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities, that he/she is an authorized agent of CAPITAL ONE BANK (USA), N.A., Plaintiff herein, and that he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Comp nt in Civil Action are true and correct to the best of his/her knowledge, information and beli£ , Dated: t ( a'? ? f X-Q, ?, 't ? Edward Piotrowski A049 WELTMAN, WEINBERG & REIS CO., L.P.A. "=a 00 ) -O o0 p SHERIFF'S RETURN - REGULAR CASE NO: 2009-01087 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA N A VS PINTI DONALD M STEVE BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PINTI DONALD M the DEFENDANT , at 0019:40 HOURS, on the 24th day of February-, 2009 at 513 MARKET ST NEW CUMBERLAND, PA 17070 by handing to DONALD PINTI DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this So Answers: 18.00 15.30 .00 10.00 R. Thomas Kline .00 43.30 02/25/2009 WELTMAN WEINBERG & REIS By: day Deputy Sheriff of A. D. ; ?:? ."# c?, .-a ^'q? -? ?3 =. " ;,? - ' ; ?$ , ter, _, r >. ;,? A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. DONALD M PINTI Defendant No. 09-1087 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. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#07081061 Judgment Amount $ 3,242.99 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 09-1087 CIVIL TERM DONALD M PINTI Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, DONALD M PINTI above named, in the default of an Answer, in the amount of $3,242.99 computed as follows: Amount claimed in Complaint $3,025.12 Interest from December 17, 2008 to April 16, 2009 at the legal interest rate of 25.10% per annum $217.87 TOTAL $3,242.99 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: lw?- 320? 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#07081061 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7'h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 513 MARKET ST, NEW CUMBERLAND, PA 17070 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff V5. DONALD M PINTI Defendant Case no: 09-1087 CIVIL TERM NON-MMITARY 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, DONALD M PINTI 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, DONALD M PINT[ is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN TO AND SUBSCRIBED in my presence this day of ^ ?'?i ,?, DCO wsvnNw COWNAWIAL-r-H OF NOUN N SW Jennifer M. BOMWW, NOfary Public City of PMlaW*, AIM OM Cw* COrnmbeion Fab. 22, 2012 Member, PenMOVOft ASWOMn OF 6-10 10 Request for Military Status Department of Defense Manpower Data Center s Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 APR-16-2009 09:05:04 Last Name First/Middle Begin Date Active Duty Status Service/Agency PINTI DONALD 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. Aut 14. 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. §§ 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: hqp://www.defenselink mil/faq//pis/PC09SLDR.hWi 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 ID: FDYABLUTLR https://www.dmde.osd.mil/scra/owa/scra.prc_Select 4/16/2009 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. DONALD M PINTI Case No. 09-1087 CIVIL TERM Defendant IMPORTANT NOVICE TO: DONALD M PINTI 513 MARKET ST NEW CUMBERLAND, PA 17070 Date of Notice: I bi 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. By: ?... Ma ew Urban P.A.1.13 4 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 7081061 N PIT B41 OF THE FF'F 21H MAY -a All ?C V Jf'r - Y . f #(4.00 pa ATrj P4 aavc.7jG ?a{ac.?. ?ulc? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 09-1087 CIVIL TERM DONALD M PINTI 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 (xx) Assumpsit Judgment in the amount of $3,242.99 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 By: QA4." . PRO ONOTARY (OR DEPU ) DONALD M PINTI 513 MARKET ST NEW CUMBERLAND, PA 17070 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 1-888-434-0085 WELTMAN, WEINBERG & REIS CO. L.P.A. '-1 ° `' , BY: Michael J. Dougherty, Esquire Attorney for Plaintiff(s) -=~' ' ` , ~ ~-`_ . D. No. 76046 ' = ` ~`~ = = ; ~-i - - ~~ 325 Chestnut Street Suite 501 ~ '' ' "= `-' , Philadelphia, PA 19106 ~; , ~ ~- ~, .o c,~: ~- Phone: 215.599.1500 ~~ ~7 . ~: - Fax: 215.599.1505 =`' ~ ~ ? ~ ~.- -- ~ ~ File # 7081061 ~ =. rv p ~ , ~_a c_r _ _ ~~-, - CAPITAL ONE BANK (USA),NA CUMBERLAND County Court of Common Pleas vs. DONALD M PINTI NO. 091087 CIVIL TERM PRAECIPE TO SATISFY TO THE PROTHONOTARY: Kindly mark the case and judgment entered against Defendant(s), DONALD M PINTI, as Satisfied. WELTMAN, WEINBERG & REIS CO., L.P.A. B , ~~` Y Michael J: Dougherty, Esquire Attorne~r for Plaintiff a~~ $ a' S0'~ ~~ C~~+-a~g~ao~l