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HomeMy WebLinkAbout12-2449FROTHONOTARY J?PIQOP52 ' 11 - 2 6 THIS IS AN ARBITRATION MATTE s ( ?EQu?g?p ASSESSMENT OF DAMAGES HEARINqtltLi?MU <,UNTY BY: Barry A. Rosen, Esquire PENNSYLVANIA PA Identification No: 42951 GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff Jefferson Capital Systems, LLC as successor in interest to Columbus Bank & Trust 16 McLeland Road Saint Cloud MN 56303 vs. ROSE MIRIELLO 225 W GIRARD ST MOUNT CARMEL PA 17851-1013 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. NOTICE 3v(*( 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 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 JUDGEMENT 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. Northumberland County Courthouse Lawyer Referral Service Sunbury, PA 17801 570-988-4167 aw SIb3. 7 Sid a? ag 013(oCi Q b[ a-wwss BY: Barry A. Rosen, Esquire PA Identification No: 42951 GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff Jefferson Capital Systems, LLC as successor in interest to Columbus Bank & Trust 16 McLeland Road Saint Cloud MN 56303 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. ROSE MIRIELLO 225 W GIRARD ST MOUNT CARMEL PA 17851-1013 DOCKET NO.: COMPLAINT IN CIVIL-ACTION 1. Plaintiff, Jefferson Capital Systems, LLC as successor in interest to Columbus Bank & Trust, is a business organization with a business address as stated in the caption above. 2. Defendant ROSE MIRIELLO is an adult individual residing at the above captioned address. 3. At all times relevant hereto, the defendant(s) was the holder of a credit card, which at the request of the defendant(s) was issued to the defendant(s) by the plaintiff under the terms of which the plaintiff agreed to extend to defendant(s) the use of plaintiff's credit facilities. 4. Defendant (s) accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the plaintiff for the use of said credit card. 5. The defendant(s) received and accepted goods and merchand- ise and/or accepted services and/or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of Plaintiff's Affidavit is attached hereto as Exhibit "A". 6. Defendant(s) defaulted under the terms of the credit card agreement by failing to tender monthly payments as required. 7. After allowing for all offsets and credits, a balance as of December 13, 2011 remains on the subject account having account number 7726740003253761 in the amount of $3,349.06; as of December 13, 2011 there remains a balance due in the amount of $3,349.06. 8. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $3,349.06 but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. 9. Defendant's last payment on account was made on January 27, 2010. WHEREFORE, plaintiff claims of the defendant the sum of $3,349.06 plus applicable court costs and interest. BY: Barry A. Rose ,0, Esquire Attorney for Plaintiff THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE THIS COMMUNICATION IS FROM A DEBT COLLECTOR PACARD JC000615 Jefferson Capital Systems, LLC as successor in Interest to Columbus Bank & Trust VSRISIC&TZODI I, Donna Larson, hereby state that I am the Custodian of Records of Plaintiff herein; that I am authorized to make this verification on behalf of Plaintiff in the foregoing action; that I have personal knowledge of the business records kept and the facts that give rise to this file; and that based on my review of those documents and business records the statements made in Plaintiff's Complaint are true and correct to the best of my knowledge, information and belief. I understand that the statements in this verification are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. By: 1& 0., al;14Z? Print Name:Donna Larson Title:Custodian of Records EXHIBIT "A" JC000615 Jefferson Capital Systems, LLC as successor in interest to Columbus Bank & Trust ROSE MIRIELLO 7726740003253761 AMPAVIT I, Donna Larson, being duly sworn according to law, depose and say that: I.I am the Custodian of Records of the Plaintiff herein and I am familiar with the files and business records relating to this account; 2.2 have personal knowledge of the facts that give rise to this file based on my review of the aforesaid account records and files; 3.Plaintiff's files and account records are maintained in the usual and ordinary course of business; 4.This action is based on a claim for breach of contract and that damages are sought as a direct result of said breach; S.After allowing for all offsets and credits, a balance as of January 16, 2012 remains on the subject account having account number 7726740003253761 in the amount of $3,349.06; 6.Sf called upon, affiant could testify at trial as to the facts pertaining to this matter. The above facts are true and correct to the best of my knowledge, information and belief. 0; onna Larson Sworn to and Subscribed before me this A day o At , 011. No ry Public AMM lM CAlI?t.YN ? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson® ?. Sheriff rnm Jody S Smith -- Chief Deputy ©. Richard W Stewart Solicitor, as+i; cc Jefferson Capital System Case Number vs. 2012-2449 Rose Miriello SHERIFF'S RETURN OF SERVICE 05/07/2012 02:54 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 7 2012 at 1454 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Rose Miriello, by making known unto herself personally, at 1043 Northfield Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. G MICHELLE GUTSHALL, DEPUTY SHERIFF COST: $34.00 May 09, 2012 SO ANSWERS, RONO'Y R ANDERSON, SHERIFF NUDELMAN,KLEMM&GOLUB,P.C. Attorney(s)for Plaintiff 425 EAGLE ROCK AVENUE ROSELAND,NJ 07068 973-618-0000 Jefferson Capital Systems,LLC assignee of : IN THE COURT OF COMMON PLEAS Aspire Card : CUMBERLAND COUNTY V. : DOCKET#: 12-2449 ROSE MIRIELLO , v PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF ANSWER rr AND ASSESSMENT OF DAMAGES TO THE CUMBERLAND COUNTY PROTHONOTARY: Kindly enter Judgment, indexing the same, in favor of Plaintiff, and against the Defendant(s),ROSE MIRIELLO,1043 North Field Dr. Carlisle PA 17013-1387 in the above- captioned matter for the sum of$3,349.06. Defendant has failed to file an to answer the Complaint within twenty(20) days as required by Pennsylvania Rules of Civil Procedure. Monetary damages are computed as follows: PRINCIPAL DEBT: $3,349.06 INTEREST: $.00 COSTS: $.00 LESS PAYMENTS: -$.00 JUDGMENT TOTAL: $3,349.06 Nudelman, Klemm and Golub, P.C. By Robert L. Baroska 3`d, Esquire PA Attorney ID #: 306728 JC000615 ct# W5�7 M04'ld# 4� qF5�0 NUDELMAN,KLEMM&GOLUB,P.C. Attorney(s)for Plaintiff 425 EAGLE ROCK AVENUE ROSELAND,NJ 07068 973-618-0000 Jefferson Capital Systems,LLC assignee of : IN THE COURT OF COMMON PLEAS Aspire Card : CUMBERLAND COUNTY V. : DOCKET#: 12-2449 ROSE MIRIELLO VERIFICATION/AFFIDAVIT OF NON-MILITARY SERVICE The undersigned does hereby verify, subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities, that undersigned counsel is the attorney for the Plaintiff, Jefferson Capital Systems,LLC; with a mailing address of c/o Nudelman, Klemm and Golub, P.C., 425 Eagle Rock Ave. - Suite 403, Roseland NJ 07068; and that the last known address of the Defendant(s), ROSE MIRIELLO, is believed to be: 1043 North Field Dr. Carlisle PA 17013-1387 . Undersigned counsel deposited in the United States mail a letter notifying the Defendant(s)that Judgment would be entered against them after ten(10) days from the date of said letter in accordance with Rule 237.1 of Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked Exhibit "A". In addition it respectfully averred that to the best of undersigned counsel's knowledge information, and belief the above captioned Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Service Members Relief Act, 50 App. U.S.C. § 501 et. seq. (amended in 2004). Nudelman, Klemm and Golub, P. L DEC 0 2 2013 Robert L. Baroska 3`d, Esquire PA Attorney ID #: 306728 File# JC000615 Department of Defense Manpower Data Center Results as 01 Dec-02-2013 12:15 56 SCRA 3.0 Statm.Repoil. Pursuant to Smiceme.m- ben- Civil Relief Act Last Name: MIRIELLO First Name: ROSE Middle Name: Active Duty Status As Of: Dec-02-2013 7i1 Aei ve Duly pn Ao(nra Duty Sistias bate' Active Duty Start.bete' Aciive Duty end bete,'`- Siatus Service Gompopeitt; NA NA r'iVo NA This response rail the inddiduals'active duty status based on the A'Ove!QUty:Status Date Leh Active Ruty.W th n 3.67.0 Active;Duty Status Date .:. ASm/eDUlySiert.Dete':.. •ACINeDUiyEntlDate..: Status Seroke: ompoilerrt.::.. NA NA :No NA This response reflects where tfte individual left 367;'deys preceding tha/iCSVe:Duty Status Date The Membee or His/HO turlit was lJoAtied;ot a',Futyre pelf-Wp to Active butt'-ion Acllve.DuV Status De)a OrdarNotdi iionStan Dais OrderNolticatioh Ehd Qate $fetus Serofce;pomporu3nt,':., NA --NA -Nd NA This response reflects whether the havfOuat of Mather unit has received eady notifi0aloe'lo report for active duly Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. r Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 File#: JC000615 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)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 Servicemembers Civil Relief Act(50 USC App.§501 at 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 only 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 was on active duty for the active duty status date,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:httpJ/www.defenselink.mil/faglpis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date 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). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense 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 Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(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). 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. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Titre 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). 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 the SCRA extend beyond the last dates of active duty. Those who could 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 last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: E5PAJ61 F3037450 File#: JC000615 Jefferson Capital Systems,LLC assignee of : IN THE COURT OF COMMON PLEAS Aspire Card : CUMBERLAND COUNTY V. : DOCKET#: 12-2449 ROSE MIRIELLO CERTIFICATE OF SERVICE l,. .. i ereby certify that on thisday of 20 , a true and correct copy of the foregoing pleading was served upon the party(s) named below in the manner indicated: Via USPS: ROSE MIRIELLO 1043 North Field Dr. Carlisle PA 17013-1387 ROBERT L.BAROSKA III,ESQUIRE NUDELMAN,KLEMM& GOLUB,P.C. 425 EAGLE ROCK AVENUE ROSELAND,NJ 07068 973-618-0000 ID#306728 ATTORNEY FOR PLAINTIFF Jefferson Capital Systems,LLC CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff(s) V. ROSE MIRIELLO Defendant(s) NO. 12-2449 To: ROSE MIRIELLO 1043 North Field Dr. Carlisle PA 17013-1387 Date of Notice : V 0 8 2013 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 NOTICE TO A 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 Cumberland County Bar Association 32 South Bedford St 32 South Bedford St Carlisle,PA 17013 Carlisle,PA 17013 (800)990-9108 (800)990-9108 2 Robert L. Baroska III, Esq. NUDELMAN, KLEMM & GOLUB,P.C. 425 Eagle Rock Avenue Roseland,NJ 07068 (973)618-0000 JC000615 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY TO: ROSE MIRIELLO 1043 North Field Dr. Carlisle PA 17013-1387 Jefferson Capital Systems,LLC assignee of : IN THE COURT OF COMMON PLEAS Aspire Card : CUMBERLAND COUNTY V. : DOCKET#: 12-2449 ROSE MIRIELLO NOTICE OF JUDGEMENT OR ORDER TO: (X) Defendant(s) ( ) Garnishee You are hereby notified pursuant to Pa. R.C.P. 236 that the following order of judgment was entered against you on: LPL day of , 20/9 (X) Money Judgment in the amount of$3,349.06, plus costs. (X) Entry of Judgment of: ( ) Court Order ( ) Non-Pros ( ) Confession (X) Default ( ) Garnishee ( ) Verdict ( ) Arbitration Award ( ) A copy of all documents filed with the Prothonotary in support of the within judgment are enclosed. If you have any questions concerning this notice please contact Plaintiff's counsel,Nudelman, Klemm, & Golub, P.C. at 973/618-0000. BY ORDER OF PROTHONOTARY: By: PR R .. EPUTY)