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Home My WebLink About11-8526f I"'r r; ^ t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WORLD FINANCIAL NETWORK NATIONAL BANK Plaintiff No. k `- 3 sg to N vs. COMPLAINT IN CIVIL ACTION ROSE A MIKOLAJCZAK Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. #42524 Weltman, Weinberg & Reis, CO L.P.A 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#8258414 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WORLD FINANCIAL NETWORK NATIONAL BANK Plaintiff vs. Civil Action No. ROSE A MIKOLAJCZAK Defendant COMPLAINT IN CIVIL ACTION 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 CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff is a corporation with offices in 220 W SCHROCK ROAD WESTERVILLE, OH 43081. 2. Defendant, is an adult individual residing at 134 CAMBRIDGE DRIVE MECHANICSBURG, PA 17055. 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX5478. 4. Defendant made use of said credit card and currently has a balance due and owing to Plaintiff; as of April 21, 2011, in the amount of $5,448.35. A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof. 5. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 6. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, ROSE A MIKOLAJCZAK individually, in the amount of $5,448.35 with continuing finance charges thereon at the statutory rate of 6.00% per annum from the Date of Judgment, plus costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. James C. brodt, Esquire PA I.D. 25 4 Weltma , We' berg & Reis, CO L.P.A 1400 K pper Building 436 Se enth Avenue Pittsbu gh, A 15219 (412) 3 955 WWR#:8258414 E rIT Y Page 1 of 1 This Month's Activity: Tom M N C? Trahsaotion P400sq Description Location Amount 12/01/00 00000000 001 LATE FEE $29.00 sf: We are attempting to work with you. If payment is not received your account will be turned over to our Recovery Division. To make a payment by phone using your bank account, or to discuss payment arrangements, please call 1-800-695-9872. Protect yourself against mail and phone consumer fraud. www.uspe.oom/opinVftp/pubs/pub281.pdf Statement Summary: Account 78 Payment Due Date: Today Credit Limit $0.00 Average Daily Balance $5,255.75 Previous Balance $5,1. Available Credit $0.00 DAILY Periodic Rate 0.06517% t Now Charges 00 Closing Date 12!07/2009 Corresponding ANNUAL - Psyments/Credits $0.00 Days in Billing Period 32 PERCENTAGE RATE 23.9000% v + FINANCE CHARGES $110.11 Scheduled to Pay $335.00 : Now Balance $5,335.43 Past Due $766.00 ANNUAL PERCENTAGE Minimum Payment $1,101.00 Minimum FINANCE CHARGE $0.00 RATE 23.9000% V N071CkT: See rrverse side 1br Important Information Please tear at perforation above Account Payment must reach Ntartber to us by 2 pm ET on: Nov Reliance Minimum Payment Today 335.43 $1101.00 99 4 Yes, I have moved or updated Please make checks payable lo: E-Mail ..See Reverse WFNNB - VALUE CITY FURNITURE Amount Enclosed ('III''?Ilrl?ltllll?ll'Il?tltrl?l?t?t?l?l'lll?ll?'llll?lllttl?rl ????? ¦ ?? ROSE A MIKOLAJCZAK 134 CAMBRIDGE DR MECHANICSBURG PA 17055-3$60 Please rslum the potion with your paymsrN to: 8258414 PO sox 659704 SAN ANTONIO TX 78265-9704 MOM 4780005335430001101001 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. Q S. 4904 relating to unsworn falsifications to authorities, that he/she is 91re...- (NAME) -64404 Qr& of c-jFrjr'i3 > plaintiff (TITLE) (COMPANY) herein, 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. WWR# 8258414 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor try 7011 NOV 28 AM 8: 4 1 ;'.''UMBEKLANU Lieu C PENNSYLVANIA World Financial Network National Bank Case Number vs. Rose A. Mikolajczak 2011-8526 SHERIFF'S RETURN OF SERVICE 11/16/2011 12:36 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on November 16, 2011 at 1236 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Rose A. Mikolajczak, by making known unto herself personally, at 134 Cambridge Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. RO ERT BITNER, D UTY SHERIFF COST: $38.00 November 17, 2011 SO ANSWERS, RON y R ANDERSON, SHERIFF (c Cnun?ySuitn ?^era, led?o.=.;;'t. I,?;:. V IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WORLD FINANCIAL NETWORK NATIONAL BANK Plaintiff vs. ROSE A MIKOLAJCZAK Defendant TO THE PROTHONOTARY: Civil Action No. 11-8526 CIVIL PRAECIPE FOR DEFAULT JUDGMENT 71 a rV r ?= C) c1, -4j'. Kindly enter Judgment against the Defendant, Rose A Mikolajczak above named, in the default of an Answer, in the amount of $5,448.35 computed as follows: Amount claimed in Complaint $5,448.35 Interest from date of judgment at the legal interest rate of 6.0% per annum TOTAL $5,448.35 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 otr the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. Warm oc PA LD.#42524 Weltman, W nbe 1400 Kopper Bldg 436 Sevent Avenu Pittsburgh, A (412) 434 7955? WWR#8 58414 , Esquire g & Reis Co., L.P.A. 219 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: 134 CAMBRIDGE DR, MECHANICSBURG, PA 17055 R? ?-7oos? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WORLD FINANCIAL NETWORK NATIONAL BANK Plaintiff ROSE A MIKOI,AJC:ZAK Defendant TO: Rose A Mikolajczak 134 Cambridge Dr Mechanicsburg, Pa 17055 CASE#: I 1-8526 CIVIL IMPORTANT NOTICE Date oi'Notice: _ WWR#:8258414 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 ACTT 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. TINS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD 1.0 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 WELTNIAN, WEINBERG & REIS CO., L.P.A. By: -L,?? -- William T. Molczan, B ire P.A.1.D.# 47437 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phcne: (412) 434-7955 WWR #8258414 IN THE COMMON PLEAS COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WORLD FINANCIAL NETWORK NATIONAL BANK Plaintiff vs ROSE A MIKOLAJCZAK Defendant Civil Action No. 11-8526 CIVIL NON-MILITARY AFFIDAVIT The undersigned is the duly authorized agent and/or attorney for the Plaintiff in the within matter and states as follows: Affiant 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, Rose A Mikolajczak 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 DMDC does not possess any information indicating that the below individual is in the military service: ROSE A MIKOLAJCZAK 134 CAMBRIDGE DR MECHANICSBLIRG, PA 17055 Affiant further states that the averments contained herein are true and correct to the best of Affiant's knowledge, information and belief and that these averments are made subject to the penalties of 18 Pa C.S.A. §4904 relating to unsworn falsification to authorities. Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Jan-09-2012 11:26:02 Service . Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Agency MIKOLAJCZAK ROSE Based on the information you have furnished, the DMDC does not possess 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). y6t 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://ur?,"v.defenselink.m_il/f tq/pis/P('09SI..,DR.ht,ml. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA maybe 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. httnc•//www .'mdr, n-,d mil/anni/crra/nnnrPnnrt rln 1 /9001 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:4CSSAATHU6 httns•//www ilmdr. nsrl mil/anni/sera/nnnrPnnrt do i /A/?nl 11\1 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WORLD FINANCIAL NETWORK NATIONAL BANK Plaintiff vs. Civil Action No. 11-8526 CIVIL ROSE A MIKOLAJCZAK 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 $5,448.35 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: PROTHONOTARY (OR DEPUTY) ROSE A MIKOLAJCZAK 2- 134 CAMBRIDGE DR MECHANICSBURG, PA 17055 Plaintiffs address is: c/o W eltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 1-888-434-0085