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Home My WebLink About10-0299FiLE??T'JcE OF Tt3c P°G"'?''G?fl?AH't 2010 J? ! 1 PM 12, 18 TY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: 1p- aq9 Ctvil (eXYA vs. COMPLAINT IN CIVIL ACTION THOMAS A MISITI 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 07795116 C N Pit KMJ *Qa.oo PO ) 'r CtCw 8g93m) H-2wol a23b 093 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No THOMAS A MISITI 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: THOMAS A MISITI 507 ALLENVIEW DR MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX8194 . 4. Defendant made use of said credit card and has a current balance due of $7684.79 , as of December 10, 2009 . 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 23.100% per annum on the unpaid balance from December 10, 2009 . 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 , THOMAS A MISITI , individually , in the amount of $7684.79 with continuing interest thereon at the rate of 23.100% per annum from December 10, 2009 plus costs. lames c. WELTMAN, 436 SeVE Pittsbux (412) 4 FAX: 41/2 077951t6 This law firm is a debt collector attemp our client and any information obtained if - a ro t,42524 EINBERG & REIS CO., L.P.A. h Avenue, Suite 1400 PA 15219 7955 138-7130 C N Pit KMJ to collect this debt for be used for that purpose. Ptszldous Balance Paymmb & Credits FINANCE CHARGE TTansactiorts New Balarax Minimum Paymert Due Dar $5,168.89 - $0.00 + $111.92 + $186.15 = $5,466.96 $466.96 Oct. 20, 2006 Aug. 26, 2008 - Sep. 25, 2006 Page 1 of 1 Mao word Platinum Account 5T1B4626J8704164 Your Account Mfomradon TOTAL CREDIT LINE TOTAL AVAILABLE CREDIT ;5,000.00 $0.00 CREDIT LINE FOR CASH $5,000.00 AVAILABLE CREDIT FOR CASH $000 Finance Charges (Please sae reverse for rrportant mfomation) Balance rate Pariodic Conesponcingl FINANCE glad to role, APR CHANGE Purchases $529231 006822% D 2490% $11192 Cash $0.00 0.088M D 2490% $0,00 ANNUAL PERCENTAGE RATE applied this period: 24.90% Q At Yorr Servke- Go b amoyitebnemm b marega your soomrt, or C3 180D,9D3.3837 b repot a but or sign cad or spade b Ours o- Relabars ® Pay Online aMWAVtebw=orrnsiWWriertb: ? 88 Be* NSA). NA • P 0 Bm 7MM • Oubtle, NC Send 6gtdrles to: Capital Ors P 0. Bat 30285 - Set We ply, Ur 841300 5 ® Have a question about a chuge on your ddemettt7 Prase refer to to Bkkg Rrghls Summery m the beds of you statement or vast wwopialoneoomIcksoutes PLEASE PAY AT LEAST THIS ANEW YWre betad by one payment Remember that paying the mramurn payment by the due We keeps your account current So make sure you send n the mrnnum payment to keep you axon t current Paymeft. Credits & Aldiustmeltts Transatdiotts 1 24AUG RITE AID STORE 2000 NECFW I CSBURG PA 5813 2 07 SEP GIANT FUEL #259 CAMP HILL PA $3201 3 10 SEP GIANT FUEL #120 ME3HA1AKS8uRG PA MOD 4 14 SEP GIANT FUEL #120 MECHANICSBURG PA S30.OD 5 18 SEP GIANT FUEL M CAMP HILL PA 531.01 6 19 SP PAST DUE FEE M'00 7 22 SEP GIANT FUEL #120 MECHAN tG PA $25.00 Under terms prevrauey dsdosed b you, same or a9 of your Annual Paceage Rates (APRs) have been increased since your account was past due Was n the past 12 brag cycles If your rates have already ncreased, subsequent daYncl ences a( naltid the duration of the, Increased Was Rernarnber If we reciaw your minimum monthly payment on tme for 12 oonseoxubve lolling cycles, t>ts account will be renewed for a possbls return b you Nor kdroicbiy APR, You account has gone war ifs crack limit. To avod ad*a d overlinrt fees, please pay aaugh to bring your balance below your crack limit immediately, and make we you remain below your (xecit limit Please be sue to amount for any future purchases, fees, and finance charges You were assessed a past due fee because you minimum payment was not reawed by the In date To mid this fee n the futle, we recomnard tat you Am at least 7 business days for your mirtmun payment to reach CSI One PLEASE RETURN PORTION BELOW WITH PAYMENT OR LAG ON TO WWW.CAPrrALONE.COM TO MAKE YOUR PAYMENT ONLINE al what's m your wallet New Balance Minimum Payment Due Date C$5,466.96 $466.96 3 Oct. 20, 2008 i r n.a wnwie i Amount Endosed C? Capital One Bank (USA), N.A. P.O. Box 70884 Charlotte, NC 26272-0884 7795116 11111111111.II'Illl1i111111111111111111111111•II'I'I1111'II111'11 )8194 25 5466960150000466961 Account Number: 5178-0526-3870-8194 Please pint address or Phone number diaries below using blue or black ink Ad&e s Home u9ro?e ftlteir)ste R'nwx -- E,nWr&ddies p #9027042879130807# MAIL ID NUMBER THOMAS A MISITI 507 ALLENVIEY DR MECHANICSBURG, PA 17055-6187 11111.1111....1111.1111111111.1. 11.1.11•dIIII .I'Pl.Ill. 11111.1 Please write your account number on your payment made payable to Capital Dire Bank (USA), NA and mail with this coupon in the erldosed envelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. THOMAS A MISITI 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: _ Shawn Wood A049 WELTMAN, WEINBERG & REIS CO., L.P.A. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor Capital One Bank (U.S.A.) N.A. vs. Thomas A. Misiti C"i??LJ?.ri 1"i.?L. 07 - D ,+,nh n 2010 JAN 14 PIN 2: 21 U" n -1 Case Number 2010-299 SHERIFF'S RETURN OF SERVICE 01/12/2010 07:59 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2010 at 1959 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Thomas A. Misiti, by making known unto himself personally, at 507 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 January 14, 2010 SO A SWER , R NY R ANDERSON, SHERIFF Deputy Sheriff )F t P 2CEQMAR _8 PN ?. FE IRJi y'' t I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. THOMAS A MISITI Defendant No. 10-299 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#07795116 Judgment Amount $ 7,994.01 f I Y, bb P k '47 cz #yyrD3? ,xS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. Civil Action No. 10-299 CIVIL TERM THOMAS A MISITI Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, THOMAS A MISITI above named, in the default of an Answer, in the amount of $7,994.01 computed as follows: Amount claimed in Complaint $7,684.79 Interest from December 10, 2009 to February 22, 2010 at the legal interest rate of 23.10% per annum $309.22 TOTAL $7,994.01 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: _144 William T. Molczan, Euire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#07795116 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: 507 ALLENVIEW DR, MECHANICSBURG, PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. Civil Action No. 10-299 CIVIL TERM THOMAS A MISITI 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 3-r- ib (xx) Assumpsit Judgment in the amount of $7,994.01 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: ) PROT NOTARY ( R DEPUTY) THOMAS A MISITI 507 ALLENVIEW DR MECHANICSBURG, PA 17055 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7`s Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. THOMAS A MISITI Defendant Case no: 10-299 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, THOMAS A MISITI 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, THOMAS A MISITI is not in the military service. Further Affiant sayeth naught. `. ? ?? ;D in my presence this /0 day COMMONWEALTH OF PENNSYLVAMW NohrW a«u WWm A Jon, No" Pw* EMY?Ca?beP !!ft! AM . Allowiny?Ca p Member, Penns*" W Noums Request for Military Status Department of Defense Manpower Data Center W Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Feb-22-2010 10:27:51 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency MISITI THOMAS Based on the information you have furnished, the DMDC does not possess A 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). 14. )(1114, 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://www.defenselink.mil/fag/pis/PC09SLDR.html. 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 2/22/2010 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:BBRJIHISFA https://www.dmdc.osd.mil/appj/scra/popreport.do 2/22/2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs THOMAS A MISITI Defendant Case No. 10-299 CIVIL TERM IMPORTANT NOTICE TO: THOMAS A MISITI 507 ALLENVIEW DR MECHANICSBURG, PA 17055 Date of Notice: 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, WEINS4RG & REIS CO., L.P.A. By: " R Matthew Urban 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 7795116 N PIT H4P