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HomeMy WebLinkAbout08-6066PYS511 Franklin County Prothonotary's evil Case Print 2006-02658 CAPITAL ONE BANK "(vs).JASON A ROTHROCK Reference No..: Case Tyyppe..... . COMPLAINT Judgment......: 00 Judge Assigned: VAN HORN CAROL L Disposed Desc.: DISCONTINUED ------------ Case Comments ------------- Office * v8 -/a e Filed......... Time. .. Execution Date Jury Trial.... Disposed Date. Higher Crt 1.: Higher Crt 2.: Page 1 8/30/2006 t 12:26 0/00/0000 10/01/2008 ******************************************************************************** General Index Attorney Info CAPITAL ONE BANK PLAINTIFF MOLCZAN WILLIAM T 6851 JERICHO TURNPIKE #190 SYOSSET NY 11791 ROTHROCK JASON A DEFENDANT 3230B WHITE CHURCH ROAD CHAMBERSBURG PA 17201 ******************************************************************************** * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 8/30/2006 COMPLAINT IN CIVIL ACTION FILED WITH COPY SENT TO THE SHERIFF FOR SERVICE AND COPY RETURNED TO ATTY. ------------------------------------------------------------------- 10/10/2006 SHERIFF'S RETURN: COMPLAINT IN CIVIL ACTION SERVED ON JASON A ROTHROCK DEFENDANT UNABLE TO LOCATE. ------------------------------------------------------------------- 9/29/2008 MOTION FOR CHANGE OF VENUE FILED AND SENT UPSTAIRS. ---------------7--------------------------------------------------- 10/01/2008 ORDER OF COURT DATED SEPT 30 2008 THAT PROPER VENUE FOR THIS ACTION IS CUMBERLAND.COUNTY AND HEREBY ORDERED TO BE TRANSFERRED TO CUMBERLAND COUNTY FILED. BY CAROL L VAN .HORN JUDGE. ------------------------------------------------------------------- 10/01/2008 NOTICE OF ENTRY OF. ORDER-OR DECREE PURSUANT TO PA R.C.P NO 236 NOTIFICATION. THIS..DOCUMENT HAS BEEN FILED IN THIS CASE. PROTHONOTARY FRANKLIN COUNTY PA. WILLIAM T MOLCZAN ESQ VIA REGULAR MAIL. JASON A ROTHROCK,/DEFENDANT VIA REGULAR MAIL. ------------------------------------------------------------------- 10/01/2008 CASE TRANSFERRED TO.CUMBERLAND COUNTY PER ORDER OF COURT. - - - - - - - --- - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Be *Bal***Py*mts/Adl End Bal ******************************** **** ****** ******************************* TAX ON CMPLT .50 .50 .00 DISC 5.00 5.00 .00 COMPLAINT/ JCP 10.00 10.00 .00 COMP-AUTO FEE 5.00 5.00 .00 COMPLAINT FILED 60.00 60.00 ----- --- - .00 --------- -------------- 80.50 - --- 80.50 .00 ******************************************************************************** * End of Case Information ******************************************************************************** Attest A TRUE COPY LINpA !_. BEARD, PROTFIONOTARY 1 t ' `T- 73 ? a IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff, No. 2006-2658 JUDGE: Carol L. Van Horn VS. JASON A ROTHROCK, Defendant.. ORDER OF COURT AND NOW, this day of 2008, it appearing to the Court that the proper venue for this action is Cumberland County, Pennsylvania, it is ORDERED, ADJUDGED and DECREED that this action be and hereby is transferred to Cumberland County. By the Court, C=1 3T orn o° -Arri D zD -< p -0 ? -G X Cr WWR No. 05215476 r. TM IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No. 2006-2658 © -- , JUDGE: Carol P,Van ?orn ° Z-;0 -v G ?Z r n X ? rry A ) oa " vs. -? m x y ;0 7?0 ?-- JASON A ROTHROCK , Defendant.. MOTION FOR CHANGE OF VENUE AND NOW, comes the Plaintiff, by and through its attorneys, Weltman, Weinberg & Reis, Co., L.P.A., and files the following Motion for Change of Venue: 1. On or about August 30, 2006 Plaintiff filed a Complaint in the Court of Common Pleas of Franklin County, Pennsylvania. 2. On or about October 18, 2006, Plaintiff learned that No Service had been made on the Defendant. 3. On or about September 05, 2007 Plaintiff was notified by Post-Office Check that the Defendant moved and has a new address of 976 Ritner Highway, Shippensburg, Pa. 17257, which is under the jurisdiction of Cumberland County, Pennsylvania. WWR No. 05215476 4. On or about July 24, 2008 Plaintiff contacted the Tax Assessment office of Cumberland County and confirmed that the Defendant's address of 976 Ritner Highway, Shippensburg, Pa. 17257 is under the jurisdiction of Cumberland County, Pennsylvania. 5. Franklin County is not the proper venue for this action. 6. Cumberland County is the proper venue for this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an order transferring this action from Franklin County to Cumberland County, together with any further relief that this Honorable Court deems appropriate. Respectfully submitted, William T. Molc , Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 05215476 VERIFICATION 0 The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities, that he is an attorney for the Plaintiff herein and makes this Verification based upon the facts as supplied to him by the Plaintiff because the Plaintiff is outside the jurisdiction of the court and the Plaintiff's Verification cannot be obtained within the time allowed for the filing of this pleading; and that the facts and circumstances set forth in this pleading, are true and correct to the best of his knowledge, information and belief. William T. Mol an, Esquire 0 0 CERTIFICATE OF SERVICE A true and correct copy of the within Motion has been served by U.S. Mail, Postage Pre-Paid, on 'Ir Q(Lg ?j'\ of ?f?,C , 2008 upon the following: p v Jason A Rothrock 976 Ritner Hwy Shippensburg,Pa 17257 BY: William T. Molczan, Eire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 05215476 SHERIFF'S RETURN - NOT FOUND J CASE NO: 2006-02658 P 0 • COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN CAPITAL ONE BANK VS JASON A ROTHROCK GARY L WYRICK Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ROTHROCK JASON A but was unable to locate Him in his bailiwick. He therefore returns the COMP CIVIL ACTION NOT FOUND , as to the within named DEFENDANT to wit: ROTHROCK JASON A 3230B WHITE CHURCH ROAD CHAMBERSBURG, PA 17201 NOT AT THIS ADDRESS PER LANDLORD. Sheriff's Costs: Docketing Service Affidavit Surcharge So answers: .00 .00 .00 GARY L Mj-CK .00 ROBERT WO YUNG, Sh 'ff A n .00 WELTMAN WIENBERG AND REIS 10/10/2006 Sworn and subscribed to before me this ? day of A. D. Not ry Notarial Sgai publiC Richard D. McCarty, Notary ChambersbUrg BOf0' jan' 29, 200 Fraln My Commission E)(O • o m N o -n c -Q r OR D -m ? ::0 _ 2 z? U':3 e- mO o w zd r o - z • C ):= C?a) 04 • -{ o N -< N Q_ IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. JASON A ROTHROCK Defendant 6- 1 No -. aw ?CD58 COMPLAINT IN CIVIL ACTION OAA4t L.?Z /47*- 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 05215476 C A Pit VOC r? u IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No JASON A ROTHROCK 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. PA BAR ASSOCIATION LAWYER REFERRAL SERVICE P.O. BOX 186 HARRISBURG, PA 17108 1-800-692-7375 (PA only) (717) 238-6715 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: JASON A ROTHROCK 3230B WHITE CHURCH RD CHAMBERSBURG, PA 17201 3. Defendant applied for and received a credit card bearing the account number 4388642058406813 . 4. Defendant made use of said credit card and has a current balance due of $6979.47 , as of August 23, 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 25.9005 per annum on the unpaid balance from August 23, 2006 . A copy of Plaintiff's STATEMENT OF ACCO UNT 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 , JASON A ROTHROCK , INDIVIDUALLY , in the amount of $6979.47 with continuing interest thereon at the rate of 25.9001 per annum from August 23, 2006 plus costs. James Wark6brodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 e enth Avenue, Suite 2718 Pit s rgh, PA 15219 (4 2) 434-7955 F 412-338-7130 5 5476 C A Pit VOC This law firm is a debt collector at-f-empting to collect this debt for our client and any information obtained will be used for that purpose. • Your account is delinquent. We want to help! i • 024 To protect your credit with us, you need to make a payment. } We can help-but only if you call us. -3 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 us! 1-800-479-7231 014-1302 Cones Account S Previous Balance $3,568.15 Payments, Credits and Adjustments $.00 Transactions $64.00 Finance Charges $72.16 New Balance $3,704.31 Minimum Amount Due $3,704.31 Payment Due Dar April 25, 2003 Total Credit Line $2,700 Total Available Credit $.00 Credit Litz for Cash $1,350 Available Credit for Cash $.00 At your service To con Customer Rdstiom or to report a lost or stolen cord: 1-800-903-3637 For See online -at semen and spa" a nxr offm, log on to: www.npitolonncom Send pgzoets to: Send inquiries to: Arta Remittance Pmcening Capitol One Swvioer Capitol One Suvi- P.O. B. 85147 P.O. Box 85015 Rkh.-d, VA 23276 Richmond, VA 23285-5015 Important Account Information For service in Spanish, please call (800) 929-8137. Para servido en Espadol, For favor marque 800-929-8137. Finance Charges Please tee r~ses de for important information m N e PLEASE RETURN PORTION BELOW WITH PAYMENT. Capi>ralQng' 0000000 0 4388642058406813 25 3704310100003704311 New Balance $3,70431 Minimum Amount Due $3.70431 Payment Due Date April 25, 2003 Total enclosed S -- 1 Account Numbs: 4388-6420-5840-6813 VISA COLD ACCOUNT 4388-6420-5840-6813 FEB 26 - MAR 25, 2003 Page 1 of 1 Payments, Credits and Adjustments Transactions 1 26 FEB OVERLIMIT FEE $29.00 2 25 MAR CAPITAL ONE MONTHLY MEMBER FEE 6.00 3 25 MAR PAST DUE FEE 29.00 Auto Rental Insurance - Coverage for collision damage or theft with card purchase of auto rental. Certain restrictions and conditions apply. Warranty Manager - Doubles manufacturer's written U.S. repair warranty up to one year on warranties of three years or less. Certain restrictions and conditions apply. Register your purchases by phone or online. Go to www.viawm/benefits or call 1-800-955-7070 now for complete benefit information. EXHIBIT Balaei& Pl, Csn. .?P.rdro ,y,_' CHARGE rye ffPPRR PURCHASES 32,760.67 .07096% 25.90% 954.85 CASH 360.01 .07096% 25.9091 61.19 SPECLkL TRANSFERS 3811.34 .07096% 25.90% $1612 ANNUAL PERCENTAGE RATE applied this period P k a a p l n d mod gadk-send/ore-+.debms;a b d a m mimdatu w hl kisk 25.90% 5-t Apr Cry Sam 21P Home Pbme Al.- Ph- #9008523871268557# MAIL ID NUMBER Capital One Bank JASON A ROTHROCK P.O. Box 85147 lllnnullutlLltL1 N 211 W PINE ST APT A Richmond, VA 23276 N ! CLEARFIELD PA 16830-1640 lulrlnllntltlln3Llln1lnt1111311u311n311us11ut11utl loll 1111111111111111 Pleare eariteyasv armant number on you cbar.F or money order mo&pnyable to Capital One Boni and mail in the enclosed envdooe r 0 0 I/ VERIFICATION The undersigned does hereby verify subject to the p ties of 18 A. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is (NAME) Aaen-1--d 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 and belief. (SIGNATURE) WWR# 4w „w, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. JASON A ROTHROCK Defendant No. 2008-06066 PRAECIPE TO REINSTATE COMPLAINT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C WARMBRODT, ESQ. PA I.D. #42524 WELTMAN, WEINBERG & REIS, CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05215476 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 2008-06066 JASON A ROTHROCK Defendant PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. JAMDT, ESQ. By: T PA IWEG & REIS CO., L.P.A . 2718 436 Pitts(412) 434-7955 WWR #05215476 ? "64 "•• O SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06066 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK VS ROTHROCK JASON A R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ROTHROCK JASON A but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE NOT FOUND , as to the within named DEFENDANT 976 RITNER HIGHWAY ROTHROCK JASON A SHIPPENSBURG, PA 17257 CURRENT TENANT HAS BEEN HERE SINCE APRIL. DOES NOT KNOW DEFENDANT. Sheriff's Costs: So answers: Docketing 18.00 Service 18.00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 51.00 WELTMAN WEINBERG REIS 01/05/2009 Sworn and Subscribed to before me this day of , A.D. LU '- E LL ?' N '.?2 f r , 1 ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. JASON A ROTHROCK Defendant No. 2008-06066 PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE 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#5215476 , .. V IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 2008-06066 JASON A ROTHROCK Defendant PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR Settle, Discontinue and End the above-captioned matter upon the records of the Court without prejudice to refile and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: Attorney for 1400 Kopp rs 436 Seve h Pittsburgh, P (412) 43,#-795 WWR#52154) SWORN TO AND SUBSCRIBED before me this _ day of 2009 NOT Y P IC aintiff uilding A enue A 15219 COMMOWVEA Et4NSYLVANIA Notarial seal public Wendy L. 13"V, Notary county City Pittsburgh. Ailag nY MY Commission uxPiras Jul n ?Ndtafts Memb+sr, PenrtYi opia Ap$ tAt1a NII • ?. ??????? Q? ?? ?? ?? 26 ?? Z: ?'3 ?p09 4 Y `.?1.,?`tl.