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Home My WebLink About08-5254IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WORLD FINANCIAL NETWORK NATIONAL BANK Plaintiff No. OS- X#Uj aiylll lexh vs. JEROME D EVANS Defendant COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, P.A.I.D.# 42524 Weltman,Weinberg & Reis Co.,L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412)434-7955 Fax: 412-338-7130 WWR#6065886 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WORLD FINANCIAL NETWORK NATIONAL BANK Plaintiff VS. Civil Action No. O r- 3-,)- 5'-V G 1 ? f JEROME D EVANS 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 LAWYER REFERRAL SERVICE 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 RD WESTERVILLE, OH 43081-0000. 2. Defendant is an adult individual residing at 326 JUNIPER ST CARLISLE,PA 17013. 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 2558. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of AUGUST 25 2008, in the amount of $ 2,669.57. 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. Plaintiff avers that the Cardholder Agreement between the parties provides that Plaintiff is entitled to the addition of finance charges at the rate of 0.00% per annum on the unpaid balance. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, JEROME D EVANS individually, in the amount of $ 2,669.57 with continuing finance charges thereon at the rate of 0.00% per annum from AUGUST 25 2008 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, ' P.A.I.D.# 2 4 Weltm ,W nberg & Reis Co.,L.P.A. 436 Se n Avenue, Suite 1400 Pittsb gh, A 15219 (412) 34- 955 Fax: 1 338-7130 6065886 Page 1 of 1 This Month's Activity: Trans Reference Credit Transaction Date Number Plan/Seq Description Location Amount 09/07/06 00000000 001 LATE FEE $29.00 As a reminder, we may assess a $29 Late Fee if you do not pay at least your Minimum Payment Due by the Payment Due Date shown on your Monthly Billing Statement. We are attempting to work with you. If payment is not received your account will be turned over to our Audit and Investigation Division. To make a payment by phone using your bank account, or to discuss payment arrangements, please call 1-800-695-9872. Statement Summary: Account: 5856-3710-0803-2558 Payment Due Date: Today Credit Limit $0.00 Average Daily Balance $2,568.74 Previous Balanoe $2,536.09 Available Credit $0.00 DAILY Periodic Rate 0.06547% + New Charges $29.00 Closing Date 10/05/2006 Corresponding ANNUAL - Payments/Credits $0.00 Days in Billing Period 29 PERCENTAGE RATE 23.90000/6 + FINANCE CHARGES $49.15 Scheduled to Pay $205.00 = New Balance $2,614.24 Past Due $360.00 ANNUAL PERCENTAGE RATE 23.90000/6 Minimum Payment $565.00 Minimum FINANCE CHARGE $0.00 NOTICE: See reverse side for important information Please tear at perforation above Payment must reach us by 12 pm ET on: Today F1 Yes, I have moved or updated E-Mail ...See Reverse Account Number 5856-3710-0803-2558 New Balance Minimum Payment $2,614.24 $565.00 Vu 4 Please make checks payable to: WFNNB -VALUE CITY FURNITURE Amount Enclosed T 1-1 F1 El El El ¦ 1-1 [1 JEROME D EVANS 326 JUNIPER ST CARLISLE PA 17013-2524 Please return this portion with your payment to: PO BOX 659704 SAN ANTONIO TX 78265-9704 07201004 049190 58563710080325580002614240000565001 VERIFICATION The undersigned, does hereby verify subject to the penalties of 18 PA.C.S. 14904 relating to unworn falsifications to authorities, that he is Matthew Zak, Agency Auditor, of World Financial Network National Bank, plaintiff herein, that he 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 knowledge, information and belief. )? /"I-- /I World Financial N ork ational Bank ?Q 6?- s? ? O0 Q ?? W (?? Z r T1 V V ' t^ rv rs ZZ _ `, SHERIFF'S RETURN - REGULAR CASE NO: 2008-05254 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WORLD FINANCIAL NETWORK NATION VS EVANS JEROME D BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon EVANS JEROME D the DEFENDANT at 0943:00 HOURS, on the 6th day of September, 2008 at 326 JUNIPER ST CARLISLE, PA 17013 by handing to JEROME EVANS 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 5.00.,.?p Affidavit .00 Surcharge 10.00 R. Thomas Kline 9?li?bS ?^ 3 09/08/2008 3.00 WELTMAN WEINBERG REIS Sworn and Subscibed to By: before me this day Deputy Sheriff of A. D. r ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WORLD FINANCIAL NETWORK NATIONAL BANK Plaintiff vs. JEROME D EVANS Defendant No.08.5254 CIVIL TERM PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 Weltman,Weinberg & Reis CO., L.P.A. 1400 Kopper Building 436 Seventh Avenue Pittsburgh, PA 15219 WWR#6065886 $2,261.07 ?,) • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WORLD FINANCIAL NETWORK NATIONAL BANK Plaintiff vs. Civil Action No. 08-5254 CIVIL TERM JEROME D EVANS Defendant PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, JEROME D EVANS, in the amount of $2,261.07 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., By: _ /L----" Attorney fo Plaintiff WWR#6065886 JEROME D EVANS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WORLD FINANCIAL NETWORK NATIONAL BANK Plaintiff vs. Civil Action No. 08-5254 CIVIL TERM JEROME D EVANS Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, JEROME D EVANS, above-named, in the amount of $2,261.07 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: 1. Defendant admits indebtedness to Plaintiff in the amount of $2,261.07 with continuing interest thereon at a rate of 6% per annum plus costs from date of judgment. 2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, JEROME D EVANS, in the amount of $2,261.07 plus continuing interest thereon at the rate of 6% per annum from date of judgment and costs. Plaintiff agrees not to execute on its Judgment so long as Defendant causes to be delivered to Plaintiff the following payments in full by 12:00 NOON on the following dates: (a) $130.00 due by 4/15/09; (b) $130.00 due on the 15TH day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. 4. All payments are to be made payable to the order of "WORLD FINANCIAL NETWORK NATIONAL BANK" 5. The first payment due under this agreement is to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 436 Seventh Avenue, Suite 1400, Pittsburgh, PA 15219. All future payments are to be mailed to the offices of Weltman, Weinberg & Reis, Co., P.O. Box 5430, Cleveland, OH 44141- 0430. 6. In the event of default, each payment received shall be first attributed to costs, interest and then to principal. 7. Time is of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff or Plaintiffs counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. 8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is final and complete. fl 9. Intending to be legally bound, the parties set their hands and seals thiss day of 200-1 WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew D. Urban, Esquire PA I.D. #90963 Weltman,Weinberg & Reis CO., L.P.A. 1400 Kopper Building 436 Seventh Avenue Pittsburgh, PA 15219 WWR No. 6065886 By: Defen t, JEROME D a 4 , ... FILED-OrFICE OF THE PIr"ICTI-YON',C)TARY 2009 MAY I i PH 2: 58 GU titi ANT PENNSYNA, 110 MY 4004,841 or ;A4gt*9 k?,j? 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WORLD FINANCIAL NETWORK NATIONAL BANK Plaintiff vs. Civil Action No. 08-5254 CIVIL TERM JEROME D EVANS 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 !t 09 (xx) Assumpsit Judgment in the amount of $2,261.07 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 ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent Prothonotary JEROME D EVANS 326 JUNIPER ST CARLISLE,PA 17013 By: PR ONOTAR D UTY) r:0-0i 1=iGi i?r-iONOTr?'R WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Sarah E. Ehasz, Esquire Attorney for Plaintiff(s) 2011 'AY -2 PH 3. 32 I.D. No.86469 436 Seventh Avenue, Suite 1400 CUMBERLAND COUNTY Pittsburgh, PA 15219 PENNSYLVANIA Phone: 412.434.7955 Fax: 412.434.7959 File # 6065886 TIC WORLD FINANCIAL NETWORK NATIONAL BANK Cumberland County Court of Common Pleas vs. JEROME D EVANS NO. 08-5254 CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT TO THE PROTHONOTARY: Please kindly Satisfy the Judgment of the above-captioned matter upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG & REIS CQJ., L.P.A. By Siarah E. Ehasz, Esquire Attorney for Plaintiff Sworn to and ibed of April, 2011 MO91r?A1 EOAi. OEAI"WAM 1MOM MI? con Neu" pvmk aAft 14.20 OL04 %? CZ) Pd Q - 51104 St Ck. 7 F-1? 2580.3