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Home My WebLink About09-5579t ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION OSEETAH CAPITAL LLC. Plaintiff VS. JOHN H LYNCH III Defendant No. Cpl -55rig n tvi L TLr M COMPLAINT IN CIVIL ACTION 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#7326796 V IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION OSEETAH CAPITAL LLC. Plaintiff VS. Civil Action No. 09- 5 79 &,t t 7_Z- JOHN H LYNCH III 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 PO BOX 831 NEWBURGH, NY 12550-0831. 2. Defendant is residing at 240 WALNUT DALE RD SHIPPENSBURG,PA 17257. 3. Defendant applied for and received a credit card bearing the account number 8214061901. 4. The Contract was subsequently assigned to Plaintiff. 5. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of JUNE 8, 2009 , in the amount of $ 4,897.87 . A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof. 6. 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. 7. Plaintiff avers that the Cardholder Agreement between the parties provides that Plaintiff is entitled to the addition of finance charges at the rate of 5.00% per annum on the unpaid balance. 8. 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, JOHN H LYNCH III individually, in the amount of $ 4,897.87 with continuing finance charges thereon at the rate of 5.00% per annum from JUNE 8, 2009 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. 11 JAMES C ARMBRODT, Esquire PA I.D. 2 24 WELT A , WEINBERG & REIS CO., L.P.A. 1400 p ers Building 436 S v th Avenue Pitts h, PA 15219 (412 3 4-7955 WWR#:7326796 PAGE 01 OF 01 ACCOUNT NUMBER 9043381800259481 Account Summary for JOHN H LYNCH 3 Previous Balance $4,774.74 Payments / Credits $0.00 Purchases & Other Charges $35.00 Finance Charges $14.77 Days in Cycle 31 New Balance $4.824.51 For account inquiries and to report cards lost or stolen call A minimum payment of $1477.00 is due by 02/16/2008. 1-877-252-6055 Refer to the back side for more information and remittance instructions. Send billing inquiries to: PO BOX 731 MAHWAH NJ 07430 CREDIT CARD TRANSACTIONS TRANSACTIO N POST CREDIT DATE DATE PLAN DESCRIPTION OF TRANSACTION AMOUNT 01/17 01/17 44444-02 LATE CHARGE ASSESSMENT $35.00 01/22 01/22 11185-01 BILLED FINANCE CHARGES $14.77 ************* FINAL NOTICE ************* FULL PAYMENT ON YOUR ACCOUNT IS DUE IMMEDIATELYI AVERAGE DAILY PERIODIC ANNUAL STATEMENT CREDIT PLAN DESCR IPTION DAILY BALANCE RATE(S) % RATE CLOSING DATE 11185-01 6 MTH SAC W/3.9% $4,459.74 0.01068% 3.9000 01/21 44444-02 LATE FEES / OTHER FEES $0.00 0.06000% 21.9000 01/21 PREVIOUS (-)PAYMENTS & (+)FINANCE (+)PURCHASES & (=)NEW MINIMUM CREDIT PLAN BALANCE CREDITS CHARGES OTHER DEBITS BALANCE PAYMENT 11185-01 $4,459.74 $0.00 $14.77 $0.00 $4,474.51 $1,127.00 44444-02 $315.00 $0.00 $0.00 $35.00 $350.00 $350.00 Finance c harges may be higher than the calculation above if your initial purchase was not paid in full by the end of the grace period. Please include detached portion with payment. Account No. 9043 38 1 8002 5948 1 Payment Due Date 02/16/08 Past Due Amount $1,285.00 New Balance $4,824.51 Minimum Payment Due $1 , 477.00 Enter Amount Enclosed in Boxes Below Please make check or money order payable to DEPARTMENT OF ACCOUNTS 100 0009043381800259481 02162008 00482451 00147700 02 0 2 #BWNJXVP 904000001 JOHN H LYNCH 3 240 WALNUT DALE RD YARD CARD SHIPPENSBURG PA 17257 P.O. BOX 609 MEMPHIS TN 38101-0609 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, tha&he is n? (Name) _ _G?r1 Bt- of f (? , plaintiff herein, that itle) (Co pany) 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. &'?' U., (Signature) WWR#7326796 ro, /I Cl Fl / 418, oo po A`rW 8q ! 55'q(", ? aa4?c? r Sheriffs Office of Cumberland County R Thomas Kline Sheri Tyr' ' ` ? ?utr Al?t??brr/?? Ronny R Anderson ? 2009 AUG 25 AM j??. Chief Deputy Jody S Smith Civil Process Sergeant OMCE ` r"` `"-RIFF :' !NTY Edward L Schorpp Solicitor Oseetah Capital LLC Case Number vs. 2009-5579 John H. Lynch, III SHERIFF'S RETURN OF SERVICE 08/14/2009 04:24 PM - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on August 14, 2009 at 1624 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: John H. Lynch, III, by making known unto John Lynch Jr., Father of defendan4at 240 Walnut Dale Road,Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $46.00 August 17, 2009 SO ANSWERS, ?ooNIot o R THOMAS KLINE, SHERIFF Deputy Sheriff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-5579 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due OSEETH CAPITAL LLC Plaintiff (s) From JOHN H. LYNCH, III AT 240 WALNUT DALE RD. SHIPPENSBURG, PA 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of WOODFOREST NATIONAL BANK AT 60 NOBLE BLVD. CARLISLE, PA 17013 PNC BANK AT 105 NOBLE BLVD. CARLISLE, PA 17013 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $5,081.71 L.L.$.50 Interest $282.35 Atty's Comm % Any Paid $165.50 Plaintiff Paid Due Prothy $2.00 Other Costs Date: 3/11 /11 (Seat) REQUESTING PARTY: Name MATTHEW D. URBAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 90963 '-?wv David D. othonot By: Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION OSEETAH CAPITAL LLC Plaintiff vs. JOHN H LYNCH III Defendant(s) WOODFOREST NATIONAL BANK PNC BANK Garnishee(s) 7J. Sly rr 411-1.o6 11 10 '?, -Af ,ZPC# _S -Y59 pa)- a a & 45 '5042( No. 09-5579 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) J , 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 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR No. 7326796 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION OSEETAH CAPITAL LLC Plaintiff vs. Civil Action No. 09-5579 CIVIL TERM JOHN H LYNCH III Defendant(s) WOODFOREST NATIONAL BANK PNC BANK Garnishee(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against JOHN H LYNCHIII , Defendant 3. against WOODFOREST NATIONAL BANK, PNC BANK,, Garnishee 4. Judgment Amount $ $5,081.71 Interest $ $282.35 Costs $ SUBTOTAL: $ $5,364.06 Costs (to be added by Prothonotary): $ WELTMAN, WEINBERG & REIS CO., L.P.A. Matthew D. Urban, Esquire PA I.D. 490963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 7326796 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff FILED-OFFICE Jody S Smith 4,tr,, ?r 4a,tf,(i*rrF THE PROTHONOTARY Chief Deputy' 2011 MAR 2S AM 10: 59 Richard W Stewart Solicitor OrFICEOF ?.?-ERIFCUMBERLAwn cnilUTV PENNSYLVANIA Oseetah Capital LLC VS. Case Number . John H. Lynch, III 2009-5579 SHERIFF'S RETURN OF SERVICE 03/21/2011 10:04 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 21, 2011 at 1004 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: John H. Lynch, III, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, PA 17013, Cumberland County, Pennsylvania, by handing to Beth Eppley, Branch Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on March 23, 2011 to John H. Lunch„ III, at 240 Walnut Dale Road, Shippensburg, PA 17257. 03/21/2011 10:12 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 21, 2011 at 1012 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Jophn H. Lunch, lll, in the hands, possession, or control of the within named garnishee, Woodforest National Bank, 60 Noble Boulevard, Carlisle, PA 17013, Cumberland County, Pennsylvania, by handing to Adam Gettel, Teller, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to him. SO ANSWERS, / March 22, 2011 RON R ANDERSON, SHERIFF 4VIlliam Cline, Deputy (C) Cour,ySuite Sheriff. Te":ecso`t. Inc. IN THE t:CURl' OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION OS1=,1:"fAt-I CAPITAL. LLC Plaintiff vs. jMIN I-I LYNCI-I III Defendant(s) WOODFOREST NA" ZONAL BANK PNC BANK Garnishee(s) Civil Aaiun No.U9,W. CIV1L'1EICV1 190 -?s99 TO: WOODFOREST NATIONAL BANK, 60 NOBLE BLVD, CARLISLE, PA 17013 PNC BANK, IO.i NOBLE BLVD, CARLISLE, PA 17013 RE: JOHN I.1 LYI, CI 1111, 240 WALNUT DALE RD, SHIPPENSBURG, PA 17257 Suggested Reference No : XXX-XX-4644 4fif XXX-XX- 1(I,?;d fC IMPORTANT NOTICES 'rO GARNISHEE! A. You a -e •equired to file answers to the following interrogatories within twenty (20) days after service upon you. Fai ur; to do so may result in Judgment against you. B. Herei i, :he word "defendant" means any one or more of the defendants against whom the writ of Execution is issued. C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is d en in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's r ossession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a 'krnishee-Bank would not be measured by the balance in the debtor's account, either at the tune of service of the W -it or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during :ht intervening period. W WR No. 7326796 o ?t ` tnr Mo C 1 3 ?` :` C3 LL C US, J o bi n J, n e'h 1f INTERROGATORIES IN ATTACHMENT (;AS,o 1U0, ??G; ?? 1. At thz time you were served or at any subsequent time did you owe the defendant any money or were you liable to hir r c n any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason (including funds on deposit for checking or savings accounts and certificates of deposit)? I -I. I P the answer to I rntermgatory I is in the affirmative, state the following: the amount of money you owe of o.ved to defendant, and, if such money is in the form of a fund, the present location thereof. the term,, lace amot nt and amount you owe or owed to defendant on each of such negotiable or other written instruments and the I recant location ofeach of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. On J-01r) ' l Owed ch ec Hi nj ccoun7`, fh Afl 0l??/?rau?? hd4w , y 2. At the Lime you were served or at any subsequent time was there in your possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. NO I. At th.- time you were served or at any subsequent time did you hold legal title to any property of any nature owned sal -ly or part by the defendant or in which defendant held or claimed any interest? 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defeAAn//dirt 1 ac an interest? /V (//JJ)) 5. At a iy time before or after you were served, did the defendant transfer or deliver any property to you or to any person or (lace pursuant to your directions or consent and if so what was the consideration thereot? AN 6. At at y :ime after you were served did you pay, transfer, or deliver any money or property to the defendant or to any ;rerson or place pursuant to his direction or otherwise discharge any claim of the defendant against you? ko 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and w rich ore identified as being funds that upon deposit are exempt from execution, levy or attachment under Pen ns ilvan is or federal law? If so, Identify each account and state the reason for the exemption, the amount being with rhOld under each exemption and the amount of funds in each account, and the entity electronically deposit nF; those funds on a recurring basis. NO WWR No. 7326796 S. Ifyatt'.re a bank or other financial institution, at the time you were served or at any subsequent (line did the defendat;t have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt fw,ds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? if so, identify each accoura. V15/ ChecK??, AlwltlO' ?39? ?1a!D tlldh 441 f% 64,1ne, 9. If th,: aiswer to Interrogatory 1 is in the affirmative, state the date the sheriiifsellitted these nt.:r; ?;.etc ri cm the; i »titution. on D/- ab off? 171VA al, gull 10. If th,: a rswer to Interrogatory 1 is in the affirmative, state the date the written instrument, checking or savings account, c:rtificate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this institution. PO POO DVS -ro A561OP -5 g m p-rlold 11. If thy: rosponse to Interrogatory 7 is in the affirmative, are other funds comingled in the account which are not deposi ed electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from exe,:ution, levy or attachment under Pennsylvania or federal law? NO 12. If thc: response to Interrogatory I I is in the affirmative, state the amount of non-exempt funds on deposit in the account. N* WELTMAN, WEINBERG & REIS CO., L.N.A. L y: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR No. 7326796 VERIFICATION The; urulursiL,ned does hereby verify subject to the penalties of 13 PA. C.S. 4904 relating to itnsworn t(llsltICalio is to authorities, that he/she is :51r1o (Narne) '' -J ,, ofWjtfi O&j[ti0Ad &VI, garnishee herein, (Title) (Company) that he/she is duly at.thorized to make this verification, and that the facts set forth in the foregoing Answers to lnterrol;,,.tories are true and correct to the best of his/her knowledge, information and belief. (SIGNATURE) Woodforest National Bank Legal Dept. Bryan Abraham Jessica Black 832-375-2898 - Phone Cedrick Frazier 832-375-W71- Fax 25231 Grogan's Mill Rd, Suits 100 The Woodlands, TX 77380 APR 42011 WWR No. 7326796. WE TMAN, WEINBERG & REIS CO., L.P.A. BY: James C Warmbrodt, Esquire I.D. 0.42524 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File 7326796 Attorney for Plaintiff(s) :?o u . r- - -- CD n c:> C- W CD rA Y l -4 ?Y FAH CAPITAL LLC VS. H LYNCH III and PNO BANK and WOODFOREST NATIONAL BANK Cumberland County Court of Common Pleas NO. 09-5579 CIVIL TERM Garnishee(s) PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: indly marked the above matter discontinued and ended as to Garnishee(s), PNC BANK and )DFOREST NATIONAL BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By n to and su ,e me the,- NOTXRY PUBLIC of April, 2011 Mota?lal Seal n ' • • - endY Gault, Notate public County GtY of p?bur9h, July 15, 2014 MV COmrt issw ?res _aurtnn of Plot Ck-? S? S (aSSO C1 a ? asg -3 VC? James Carmbrodt, Esquire Attome f r Plaintiff