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HomeMy WebLinkAbout06-5093IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. GARY A MICULITA JR Defendant Not (nL- '<M (2"Z- COMPLAINT IN CIVIL ACTION 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 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05215956 C A Pit VOC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No GARY A MICULITA JR 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 is a corporation with offices at 6851 JERICHO TURNPIKE #190 SYOSSET , NY 11791 2. Defendant is adult individual(s) residing at the address listed below: GARY A MICULITA JR 2458 LOBACH DR MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card bearing the account number 5178052201733058 . 4. Defendant made use of said credit card and has a current balance due of $3069.34 , as of August 11, 2006 . 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 20.650$ per annum on the unpaid balance from August 11, 2006 . A copy of Plaintiff's STATEMENT OF ACCO UNT 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 , GARY A MICULITA JR , INDIVIDUALLY , in the amount of $3069.34 with continuing interest thereon at the rate of 20.650% per annum from August 11, 2006 plus costs. WELT WEINBERG & REIS CO., L.P.A. 436 ev nth Avenue, Suite 2718 Pit b gh, PA 15219 (41 ) 34-7955 F 12-338-7130 05 1 956 C A Pit VOC This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. a'Sq Your account is delinquent. We want to help! i A2> Wow. l One Ac t Peevmm Rd. $1,625.98 AC.dimand Adjmm $.00 vm $58.00 F,. Chmgee $2927 New B.I. $1,713.25 Min4,mm Amoum D. $1,713-25 Aymera D. Dam Februmy27,2003 Tod Ctdk Lim $1,250 Totd Available Credit $.00 Ctdh Lim fa Cash $1,000 Available C,dk fm Ca.h $.00 Atyo wrvi5.e To m8 Cummm Rab4ero m ro mpmt. brt m , W m, ad 1-800-903-3637 Pm6mm,c,m.®,m,..a«.aarwala,.mmrt<a .. be m, m: mP6.w-mm Sect 9md upui,ie ar Am,: R-,'.. Pm,ing C.. m O P.O. 9147 B. . Bm goo P. P.O. ],VA RkAmond YA212]6 Rid,mond VA PA 23]85-SOH ImportantAceomtInfo ion F. xrvi. in Spdi f, plea to 1(800) 929-8137. P. ecviao eo ET.6 4 pm &v mmgm 800-929-8137. --)To protect your credit with us, you need to make a payment -) We can help-but only if you call us. -4 When you call, you can make a free check-by-phone payment Return your account to good standing. It's up to you to take the first step. Call usl 1-800-479-7231 PLATINUM MASTERCARD ACCOUNT DEC 28, 2002 - JAN 27, 2003 5178-0522-0173-3058 Abe 1 of I Paymeatg Gndtt.uW Adje.tmente T,mma Wns 1 28DEC OVERLIMITFEE $29.00 2 27JAN PASFDUEFEE 29.00 EXHIBIT F-m Cha%u P '.serevnirskf.'.tmtn is(or.rdla. Rr-e.dr ' P=1 ce,=r.a Ruff yA b rlm .i CFIARGE PURCHASES 31,601.54 .05651RP Alm M n CASH W 6 .05658%P A1. ILM ANNUAL PERCENTAGE RATEapplied thi.pedod PLEASE RETURN PORTION BELOW WITH PAYMENT. • 20.65% C--#PftatDw 0000000 0 5178052201733058 27 1713250005001713259 %ao ::e1. d4vv -14.r.olrA., er6rmm-? - New ad. $1.71925 p y Minimum AmmmtDm $1.71325 sm. Aµ0 P.pe D. Dm Febremy27 203 , Gb Am NP T oW endord $ A.aoNombm 5178-0522-0173-3058 xom,Pm.. .11nm-.Pb- Capital One Bank P.O. Box 85147 I11ur11nu11111u1r1 Richmond, VA 23276 I,1LLr II urldlnd 11L111rrrl l1.66.. 11..,11,11111.116.1 990028962248334348 MAIL ID NUMBER GARY A MICULITA JR 4706 N CLERVIEW DR CAMP RILL PA 17011-4013 ° ? Inrlllurlllunuilrnll,L,IIh,,,,rllrrll11lnrJLrrll.,l r P2.ma wifrpraravune aw,Mon yam drtm moray mdmma& frydkroC Pied One Banl andmd]in Nsenrb,denmr]oPe VERIFICATION s of 18 PA. C.S. 4904 relating ie The undersigned does hereby verify subject to tmrig to unworn falsifications to authorities, that he/she is (NAME) of plaintiff herein, that (TITLE) (COMPANY) he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information belief. (SIGNATURE) WWR# VI c s Vt O Jt [) !ti ?^ J111 SHERIFF'S RETURN - REGULAR CASE NO: 2006-05093 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS MICULITA GARY A JR KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MT(''TTT,TTA C;'ARV A JP the DEFENDANT , at 2020:00 HOURS, on the 20th day of September, 2006 at 2458 LOBACH DRIVE MECHANICSBURG, PA 17055 by handing to GARY MICULITA JR 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: So Answers: Docketing 18.00 Service 8.80 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 36.80,/ 09/21/2006 WELTMAN WE INBERG RE I S Sworn and Subscibed to/ By: before me this day / -D(pAly rT f f of A.D. IN THE COURT OF COMMON PLEAS OF CUMBLERANp COUNTY, PENNSYLVANIA CIVIL DIVISION j CAPITAL ONE BANK Plaintiff No. 06-509IVIL TERM vs. GARY A MICULITA Defendant PRAECIPEZOR 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. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05215956 Judgment Amount $ 3216.94 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBLERAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 06-5093 CIVIL TERM GARY A MICULITA Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, GARY A MICULITA above named, in the default of an Answer, in the amount of $3216.94 computed as follows: Amount claimed in Complaint $3069.34 Interest from AUGUST 11, 2006 TO NOVEMBER 4, 2006 at the legal interest rate of 20.65% per annum $147.60 TOTAL $3216.94 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. MOLCZAN SQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05215956 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7"' Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 2458 LOBACH DR, MECHANICSBURG,PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff GARY A MICULITA JR Defendant (s) IMPORTANT NOTICE TO: GARY A MICULITA JR 2458 LOBACH DR MECHANICSBURG,PA 17055 Date of Notice: i o - WWR#: 05215956 Case # V (.c - ?J c -i's 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 FOLLOWING 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 BY: JAMF BRODT, ESQUIRE PA 2524 WELEINBERG & REIS CO., L.P.A. 271 E RS BLDG, 436 7TH AVE. PIT; , PA 15219 IN THE COMMON PLEAS COURT OF CUMBLERAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. GARY A MICULITA Case no: 06-5093 CIVIL TERM NON-MILITARY AFFIDAVIT Defendant 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, GARY A MICULITA 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, GARY A MICULITA is not in the military service. Further Affiant sayeth naught. / (N AFFIANT /C) day T ND SUBSCRIBED in my presence this lV day Hofl . COMMONWEALTH OF PENNSYLVANIA 1 Notarial Seal Heidi J. Kelly, Notary Public Ot Pittsburgh. Aiiegheny Cour.tJ ommnissior. Expires NOV. M?,p`d: ennsyfvania Associatic. ro9 This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. Request for Military Status Department of Defense Manpower Data Center lddfilmb? AM Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 NOV-04-2006 09:23:01 "< Last Name First/Middle Begin Date Active Duty Status Service/Agency MICULITA GARY A 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. )6t Pl. Y"4- 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. #167;#167; 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: http //www.defenselink mit/fa / is/PC09$LDR.h,tml WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 11/4/2006 Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: WXZZSVIHOV https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 11/4/2006 IR n co q IN THE COURT OF COMMON PLEAS CUMBLERAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 06-5093 CIVIL TERM GARY A MICULITA 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 K, oZOG(.o (xx) Assumpsit Judgment in the amount of $3216.94 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 OTARY GARY A MICULITA JR 2458 LOBACH DR MECHANICSBURG,PA 17055 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`i' Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No. 06-5093 vs. PRAECIPE TO SETTLE, DISCONTINUE & END GARY A MICULITA JR Defendants 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. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W W R#05215956 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 06-5093 GARY A MICULITA JR Defendants PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue and End the above captioned matter upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: /y JAMES C. W BRODT, Esquire PA. I.D.#425 4 WELTMA , WE BERG & REIS CO., L.P.A. 2718 Kop ers B lding 436 Sev th A nue Pittsbu h, P 15219 (412) 34- 55 WW # 215956 Sworn to and subscribed Before me the -_ Day of "beC2yn r? a()0-7 ?A NOTARY PUBjLIC FPEWWL?VANIA _ = 2011O '= ?-? ?.m, ? t ,M. ? r? {'?'l .,) f..J -- °Yi ` --? ` ? y? ?? 0 _ ,? o _....,.t .