The URL can be used to link to this page

Home My WebLink About10-1822V w R? CUB.. _ r- A'RY 20;0Pz 'I A P% 12 FN 02 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: !0 - ego ?w1? ?Gf'M vs. COMPLAINT IN CIVIL ACTION MICHAEL J LEVINE 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 07773858 C N Pit EMR O #qa , ao P13 AT Y r''t' aw(os 0. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs MICHAEL J LEVINE Defendant Civil Action No 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 T. 06 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: MICHAEL J LEVINE 4902 CARLISLE PIKE # 373 MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX1264 . 4. Defendant made use of said credit card and has a current balance due of $4258.73 , as of February 22, 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 23.1000 per annum on the unpaid balance from February 22, 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 , MICHAEL J LEVINE , individually , in the amount of $4258.73 with continuing interest thereon at the rate of 23.100% per annum from February 22, 2010 plus costs. JamJ88 Warmbrodt',42524 WELWEINBERG & REIS CO., L.P.A. 436 th Avenue, Suite 1400 Pith, PA 15219 (41-7955 FAX338-7130 077C N Pit EMR This law firm is a debt collector atte p ing to collect this debt for our client and any information obtain ill be used for that purpose. -71 7773858 Previous Balance P ayrriets & Credits FINANCE CHAR3E Transactions New Balance Minirrxrnl Payment Due Date $3,233.76 - $0.00 :D + $64,36 ' $78.00 = $3,376.12 $730.00 Feb. 27, 2009 Jan. 03, 2009 - Feb. 02, 2009 Page 1 of 1 Visa Platinurn Account ?t2I4 ( Your Account Information TOTAL CREDIT LINE $2,500A0 TOTAL AVAILABLE CREDIT WOO CREDIT LINE FOR CASH $2,500,00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please see reverse for intportat information) Balance rate Pens Cmegnxi g FINANCE applied to rate APR CHARGE Purchases $3,177.24 0.06342%D 2315% 3247 Cash $0.00 0.053" D 2315% MOD SpewlTras $9629 0.06342% D 2319% $188 ANNUAL PERCENTAGE RATE applied We period: 23,15% O At Your Servke- W b wAw.mbtrromm bni FW. your rzairt, or Celt 141Wc a3637brepomabetorftbntagorspeakmQAbmer Raiiorhs ® Pajr Online at nw2walimm ormalyour peymantr. CxWd One Bade (USA), NA • P 0.9wc 710133. Ch rbt6, NC 28272-1083 A send lixiu lo: Ca"OroPD Bar3DM•SetLAeCty,Ur84130(1285 REASE PAY AT LEAST THIS AMOM YoUre behind by m paymens If we 01100e off yov aroxrt de to late of missed payments, ftnznce rd-Ws wi contrwe to amte Acinow to prevent this tom happaang Plam pay the nranun payment amount On yar statement a 0A'e us a cal at 1 BM 955 65M We're here to help Take eontrof of yov cr-A wth Capital Chre -Important Notloe° LIMW the terms we preimisy dscbaed to you, yov aowvht is now *M for an increase in Annual Peroahtap Rates (APRs) effeothe mrredatey Hmvever, CSI One has elected not to rasa yuv APRs at this trne Please be edread tat if you fed m keep your accaxt in good stahcig, Cpl One reserves the right to raw yew APRs in the hit ire Pa111rlents. Credits 8 Ad ustrmts Transaction 1 27 JAN PAST DUE FEE $39.00 2 02 FEB OVERJMIT FEE FEB 02, 2009 $ 3900 Yw account has gores over its one* int. To NW addbornN overint fees, you should pay more than the Mrcrmcm Paymenl. Please pay suo to bring you account balance balm your creA Isnt rnmedaley, and make we you account bdww remains below yov treat limit Please t>e sue the amount you pay ac=xb for any M n prrdwses, fees, and firencm charges You were assessed a past die ree because your mrrnm paymert was not received by the due dale To a old the fee in the fiil re, we recommend ttmt you abw at least 7 business days for your minrrum payment to reach Cap" One How a question aboet a chuge on your sl temertq ® Please refer to tta Bdiig Rtgtts &mmay m the tat of yw EXHIBIT Statement or vst www caoila6nemnJd u =Oman PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO VVWW.CAPrTALDNE.COM TO MAKE YOUR PAYMENT ONLINE 1 4862362557171264 01 3376120077000730001 Account Number. 1264 Due Date New Balance Minimum Payment Amount Enclosed Feb. 27, 2009 $3,376.12 $730.00 PLEASE PAY AT LEAST THISAMWNT #9003474713166408# MICHAEL J LEVINE 4902 CARLISLE PIKE M 373 Mechanicsburg, PA 170SU-3079 „1111' 111111, I,1111Ili. 11111111.11"11111111, 1.. 11, Lend a hand. Save the land. Manage your account online today- it's fast, easy and secure. e Pay orlme anyhme-no more checks, stamps or clutter Q Moving? Change your address online or on the back ® Help Save the planet Go paperless O Sign up at vvvrvv capitalone com Capital One Bank (USA), N.A. P.O. Box 71663 Charlotte, NC 26272-1663 IIIIIII'Il1"11111'11'1111111,x111111"11'1'111i11"11111111'1111 Please make checks payable to Capital One Bank (USA), NA and marl with this coupon in the enclosed envelope. ????_? PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. MICHAEL J LEVINE 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 foregoi Complaint in Civil Action are true and correct to the best of his/her knowledge, informatio and b ief. . Dated: J ie Wi liams A049 WELTMAN, WEINBERG & REIS CO., L.P.A. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson-1-"+ Sheriff 0F T} jr P THr'NOTAPY ?gitytti' 6t ?riirrGrr??G Jody S Smith Chief Deputy 2419 MAR 22 A`I Edward L Schorpp Solicitor OFFICE GjM11i _. s. , Capital One Bank (U.S.A.) N.A. vs. Case Number . Michael J. Levine 2010-1822 SHERIFF'S RETURN OF SERVICE 03/18/2010 04:35 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on March 18, 2010 at 1635 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Michael J. Levine, by making known unto Caroline Levine, Wife of defendant at 4225 Roth Lane #109, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. (AMA ndn d AM DA COBA GH, D/ LEAP SHERIFF COST: $46.00 March 19, 2010 SO ANSWERS, '6?71 X, Z?2 RON R ANDERSON, SHERIFF (r`. Cokmtyjuite shp'tf. ieiecsoft. lec. _ ~IL~_~~~~:` Zara ~N~~~~ ~ c ~; ~~ ~, c:.' '~ .J CU~f ~ ;#,~-~-y S i fi:('~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs MICHAEL J LEVINE Defendant No: 10-1822 PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan,47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07773858 C N Pit KMJ Judgment Amount $4419.31 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 10-1822 MICHAEL J LEVINE PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendant MICHAEL J LEVINE above named, in the default of an Answer, in the amount of $4419.31 computed as follows: Amount claimed in Complaint Less payments / adjustments made $4258.73 $0.00 Interest on the remaining principal balance of $3475.68 from February 22, 2010 to May 06, 2010 @ the interest rate of 23.1000 per annum $160.58 Attorney's fees TOTAL $0.00 $4419.31 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. Mo cza ,47437 07773858 C N Pi KMJ Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 And that the last known address of the Defendant is MICHAEL J LEVINE 4 2 2 5 ROTH LANE $# 10 9 MECHANICSBURG, PA 17050 ~I~.Oo piD AT'M CI~'~ ~S8Y9 ~ Q'~ a~FayR(~ ~ahee, ~.,1~~,,Q„~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 10-1822 MICHAEL J LEVINE NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that th~ following Order of Judgment was entered against you on Jr ~~o -~' (xx) Assumpsit Judgment in the amount of $4419.31 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 : ~ ~- MICHAEL J LEVINE 4225 ROTH LANE #109 MECHANICSBURG, PA 17050 Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. MICHAEL J LEVINE Civil Action No. 10-1822 NON-MILITARY AFFIDAVIT The undersigned, who first 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 MICHAEL J LEVINE is not in military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMSC), which states that the DMDC does not possess any information indicating the individual status. MICHAEL J LEVINE 4225 ROTH LANE #109 MECHANICSBURG, PA 17050 is not in the military service. Further Affiant sayeth naught. AFFIAN Request for Military Status Department of Defense Manpower Data Center `r,~' ` ` Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 May-11-2010 08:52:44 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency LEVINE MICHAEL Based on the information you have furnished, the DMDC does not possess J 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://www.defenselink.mil/fag/nis/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 5/ 11 /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:SOSH75QOTU https://www.dmdc.osd.mil/appj/scra/popreport.do 5/11 /2010 IN 7HE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs MICHAEL J LEVINE Defendant TO: MICHAEL J LEVINE 4225 ROTH LANE #109 MECHANICSBURG, PA 17050 Date of Notice: ~ ac~ Case No. 10-1822 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILEO TO ENTER A WRITTEN APPEARANCE. PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTION; 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, GC> 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 WITi-~ INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCEC= 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. gy..- 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 7773858 N PIT G4B