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HomeMy WebLinkAbout10-5639 E c 4i?-"4'- bTARY J ?tv?eJ 3 AM I I • k3 COUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GOTHAM COLLECTION SERVICES I CIVIL DIVISION CORP., a corporation, assignee 1 of CHASE BANK USA I Plaintiff(s), 1 I No. 2010 -5ro r C?Vj oP- V. I I RONALD P. OKUM, an individual 1 I I I Defendant(s), 1 I COMPLAINT I I I Code No. lb- A''ITorm I Filed on Behalf of: I 1 PLAINTIFF I I I ATTORNEY OF RECORD FOR THIS PARTY I I Louis B. Swartz I I PA. ID # 00242 I I ISWARTZ, LOVEJOY & ASSOCIATES 116th FLOOR LAW AND FINANCE BUILDING (PITTSBURGH, PENNSYLVANIA 15219 I I 1(412) 288-0303 %82984 NOTE: THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE H2954 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GOTHAM COLLECTION SERVICES CORP., a corporation, assignee of CHASE BANK USA Plaintiff(s), V. No. 2010 RONALD P. OKUM, an individual Defendant(s), NOTICE TO DEFEND AND CLAIM RIGHTS 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 days (20) 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 judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any 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, 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 NOTDEFCO.PLE n 0 Ra • oo PO /PTT`{ cn x'1309 R.t 82999 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GOTHAM COLLECTION SERVICES CORP., a corporation, assignee of CHASE BANK USA Plaintiff(s), No. 2010 Sto 9 C N r. ?"Gdw? v. RONALD P. OKUM, an :individual Deffendant(s), COMPLAINT 1. Plaintiff(s) is GOTHAM COLLECTION SERVICES CORP., a corporation, assignee of CHASE BANK USA. Plaintiff's address is c/o 429 Fourth Avenue, Suite 1600, Pittsburgh PA 15219. 2. Defendant(s) is RONALD P. OKUM, an individual. Defendant's address is 1 Nita Court, Mechanicsburg, PA 17050. 3. Defendant entered into an agreement with Plaintiff's assignor, Chase Bank USA, for the purpose of obtaining a credit card account, which Plaintiff's assignor granted to Defendant as account number ending in 1849. True and correct copies of the documents of Defendant's account with Plaintiff are attached hereto as Exhibit "A". 4. Defendant thereafter used the account and made the charges thereto for which there is a balance remaining of $28,619.98 which, despite repeated demands, has been overdue, owing and unpaid ever since October 22, 2008. The account has been assigned to Plaintiff for value. WHEREFORE, Plaintiff demands Judgment against Defe N2, t(s) in the amount of $28,619.98 plus interest from Octobe 2008 and costs. Louis B. Swartz J Attorney for PLAI IFF 16th FLOOR LAW A D FINANCE BUILDING PITTSBURGH, PENNSYLVANIA 15219 (412) 288-0303 Statement for account number: 4417 1284 2060 1849 New Balance Payment Due Date Past Due Amount Minimum Payment $28,619.98 10/22108 $4,100.00 $7,182.98 ' Make your check payable to: Chase Card Services. Please write amount enclosed. New address or e-mail? Print on back. 441712842060184900718298028619980000001 12603 BEX Z 27106 C RONALD P OKUM 3947 LENNANE DR STE 120 SACRAMENTO CA 95834-1971 IIrIr?rlrlrlr,LrrllrrL,Ir.rIII,I,Jrrrlrrrllrlrrlrl,lrrlrrll AO L. 0> CARDMEMBER SERVICE PO BOX 94014 PALATINE IL 60094-4014 1: 5000 L60 28e: 2 2 L84 2060 ia49 ills Opening/Closing Date •> Payment Due Date: 08/28/08 - 09/27/08 CUSTOMER SERVICE 10/22/08 In U 1-800-265-6524 S AO Minimum Payment Due: . . $7,182.98 EspaAol 1-888-446-3308 TOO 1-800-955-8060 Pay by phone 1-800-436-7958 Outside U.S. call collect 1-302-594-8200 VISA ACCOUNT SUMMARY Account Number: 44171284 2060 1849 Previous Balance $28,243.10 Total Credit Line $26,200 ACCOUNT INQUIRIES Box 15298 Purchases, Cash, Debits +$39.00 Available Credit $0 Wilmington, DE 19850-5298 Wilmingtonn, DE Finance Charges +$337.88 Cash Access Line $26,200 New Balance $26,619.98 Available for Cash $0 PAYMENT ADDRESS P.O. Box 94014 Palatine, IL 60094-4014 VISIT US AT: www.chase.com/aol The outstanding balance on your credit card account is scheduled to be written off as a bad debt shortly. As a result, your credit bureau will be updated with a negative rating that could last for up to seven years. We can still help, but you need to call us now at 1-888-792-7547 (collect 1-302-594-8200). Your account is closed. Please continue to make monthly payments by the due date until your balance is paid in full. FLEXIBLE REWARDS SUMMARY To redeem your Flexible Rewards points, call Previous points balance 0 1-800-603-2265, or log on to Points earned on purchases this period 0 www.chase.com/creditoards for 24-hour access New total points balance 0 to your rewards program. TRANSACTIONS Trans Date Reference Number Merchant Name or Transaction Description Amount Credit Debit 09/22 LATE FEE $39.00 FINANCE CHARGES Finance Charge Daily Periodic Rate Corresp. Average Daily Due To Transaction Accumulated FINANCE Category 31 days in cycle APR Balance Periodic Rate Fee Fin Charge CHARGES Purchases .03836% 14.00% $3,557.50 $42.30 $0.00 $0.00 $42.30 Cash advances .03836% 14.00% $7,752.56 $92.19 $0.00 $0.00 $92.19 Convenience check .03836% 14.00% $17,103.75 $203.39 $0.00 $0.00 $203.39 Total finance charges $337.88 Effective Annual Percentage Rate (APR): 14.00% Please see Information About Your Account section for balance computation method, grace period, and other important information The Corresponding APR is the rate of interest you pay when you carry a balance on any transaction category. The Effective APR represents your total finance charges - including transaction fees such as cash advance and balance transfer fees - expressed as a percentage. This Statement is a Facsimile - Not an original 0000001 FIS33335 C 3 000 N Z 27 08109/27 Page 1 of 1 00094 MAMA 12603 27010000030001260301 X 0050 Address Change Request Please provide information below only if the address information on front is incorrect. Street Address: -_-----__-------------- City: - - - - - - - -- - - - - - - - - - - -- State. Zip: ----- --'-- Home Phone: --- --- ---- Work Phone: --- --- ---- E-mail Address: -__----__-------- L f? i a? t? Information About Your Account Loci or Stolen Cards: Please report your lost or stolen card immediately by calling the Customer Service number found on the front of your statement. Advisors are always available to assist you. You can reach an Advisor by pressing 0 afteryou enter your account number. Crediting of Payments: For payments by regular U .S. mail, send at least your minimum payment due to ourpost office box designated for payments shown on this statement. Your payments by mail must comply with the instructions on this statement. and must be made by check or money order, payable in U.S. Dollars, and drawn on or payable through a U.S. financial institution or the U.S. branch of a foreign financial institution. Do riot send cash. Write your account number on your check or money order. Payments must be accompanied by the payment coupon in the envelope provided with our address visible through the envelope window; the envelope cannot contain more than one payment or coupon; and there can be no staples, paper clips, tape or correspondence included with your payment. If your payment is in accordance with our payment instructions and is made available to us on any day except December 25 by 1:00 p.m. local time at our post office box designated for payments on this statement, we will credit the payment to your account as of that day. If your payment is in accordance with our payment instructions, but is made available to us after 1:00 p.m. local time at our post office box designated for payments on this statement, we will credit it to your account as of the next day. If you do not follow our payment instructions or if your payment is not sent by regular U.S. mail to our post office box designated for payments, crediting of your payment maybe delayed for up to 5 days. Payments made electronically through our automated telephone service, Customer Service advisors, or our web site will be subject to any processing times disclosed for those payments. Account Informallom Reported to Credit Bureaus: We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report. If you think we have reported inaccurate information to a credit bureau, you may write to us at the Cardmember Service address listed on your billing statement. Notice About Electronic Check Conversion: When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. Call the customer service number on this statement if you have questions about electronic check collection or do not want your payments collected electronically. Conditional Payments: Any payment check or other form of payment that you send us for less than the full balance due that is marked "paid in full" or contains a similar notation, or thatyou otherwise tender in full satisfaction of a disputed amount, must be sent to Card Services, P.O. Box 15049, Wilmington. DE 19850-5049. We reserve all our fights regarding these payments (a g_ if it is determined there is no valid dispute or if any such check is received at any other address, we may accept the check and you will still owe any remaining balance). We may refuse to accept any such payment by returning it to you, not cashing it or destroying it. All other payments thatyou make should be sent to the appropriate payment address. Annual Renewal Notice: If your account has an annual fee, it will be billed each year or in monthly installments. whether or not you use your account, and you agree to pay it when billed. The annual foe is non-refundable unless you notify us that you wish to close your account within 30 days of the date we mail your statement on which the annual fee is charged and at the same time. you pay your outstanding balance in full. Your payment of the annual fee does not affect our rights to close your account and to limityour right to make transactions on your account. If your account is closed by you or us, we will continue to charge the annual fee unfit you pay your outstanding balance in full and terminate your account relationship. Explanation of Fiance Charges: We calculate periodic finance charges, using the applicable periodic rates shown on this statement, separately for each feature (e.g., balance transfer/convenience checks and cash advance checks ("check transaction"), purchases, balance transfers, cash advances, promotional balances or overdraft advances). Please consult your Cardmember Agreement for the features that are applicable to your card. These calculations may combine different categories with the same daily periodic rates. If there is a "V" next to a periodic rate on this statement, that rate may vary, and the index and margin used to determine that rate and its corresponding APR are described in your Cardmember Agreement, as amended. There is a minimum finance charge in any billing cycle in which you owe any periodic finance charges. and a transaction finance charge for each balance transfer, cash advance, or check transaction. in the amounts stated in your Cardmember Agreement, as amended. To get the daily balance for each day of the current billing cycle, we take the beginning balance for each feature, add any new transactions or other debits (including fees, unpaid finance charges and other charges), subtract any payments or credits, and make other adjustments. Transactions are added as of the transaction date, the beginning of the billing cycle in which they are posted to your account, or a later date of our choice (except that check transactions are added as of the date deposited by the payee or a later data of our choice). Fees are added either on the date of a related transaction, the date they are posted to your account, or the last day of the billing cycle. This gives us that day's daily balance. A credit balance is treated as a balance of zero. If a daily periodic rate applies to any feature, we multiply the daily balance by the daily periodic rate to get your periodic finance charges for that day. We then _1 add these periodic finance charges to your daily balance to get the beginning balance for the next day. (If more than one dairy periodic rate could apply based on the average daily balance, we will use the dal periodic rate that applies for the average daily balance amount at the end o the billing cycle to calculate the daily periodic finance charge each day.) To get your total periodic finance charge for a billing cycle when a daily periodic rate(s) applies. we add all of the daily periodic finance charges for all features. To determine an average daily balance, we add your daily balances and divide by the number of the days in the applicable billing cycle(s). If you multiply the average daily balance for each feature by the applicable daily periodic rate, and then multiply each of these results by the number of days in the applicable billing cycle(s), and then add all of the results together, the total will also equal the periodic finance charges for the trilling cycle, except for minor variations due to rounding. To get your total periodic finance charge for a billing cycle when a monthly periodic rate(s) applies, multpy the average daily balance for each feature by the applicable monthly periodic rate and add the results together. The total will equal the periodic finance charges for the billing cycle, except for minor variations due to rounding. Grace Period (at leap 20 days): We accrue periodic finance charges on a transaction, fee. or finance charge from the date it is added to your daily balance until payment in full is received on your account. However we do not charge periodic finance charges on new purchases billed during a billing cycle if we receive both payment of your New Balance on your current statement by the date and time your payment is due and also payment of your New Balance on your previous statement by the date and time your payment was due. There is no grace period for balance transfers, cash advances, check transactions, or overdraft advances. In addition, if there is a "Qualifying Promotional Financing" section on this statement, you will not incur periodic finance charges on any Remaining Balance that appears in that section if you pay that balance in full by the applicable Expiration Date, However, if you default under the terms of your Cardmember Agreement or any Qualifying Promotional Financing offer, the applicable periodic finance charges will accrue on any Remaining Balance as soon as the billing cycle in which the default occurs. To avoid finance charges on new purchases when your New Balance includes any Remaining Balance(s) in the Qualifying Promotional Financing section. payyour full New Balance minus the total of those Remaining Balance(s) by the date and time your payment is due. However, if your statement shows that a minimum payment is due, we must receive at least that minimum payment by the date and time specified on your statement. even if your New Balance consists only of Qualifying Promotional Financing balances. For "deterred interest' Qualifying Promotional Financing, periodic finance charges accrue during the promotional period but are not added to your account balance. Instead, they accumulate from billing cycle to billing cycle. If a deferred interest Qualifying Promotional Financing balance is not paid in full by the applicable Expiration Date, the deferred finance charges will be added to your account as soon as the first day after the Expiration Date. Further, if you default under the terms of your Cardmember Agreement, the deferred finance charges will be added to your account as soon as the date of default. For "fixed payment" Qualifying Promotional Financing that permits you to pay fora purchase in a designated number of payments, you will not have a grace period for that balance as each payment includes a portion of the interest owed over the repayment term for that purchase. However. you will have a grace period on other new purchases as described above. BILLING RIGHTS SUMMARY In Case of Errors or Questions About Your Bill: If you think your bill is wrong. or if you need more information about a transaction on your bill, write Cardmember Service on a separate sheet at P0. Box 15299 Wilmington. DE 19850-5299 as soon as possible. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter. give us the following information. • Your name and account number • The dollar amount of the suspected error • Describe the error and explain, if you can, why you believe there is an error If you need more information, describe the item you are unsure about. You do not have to pay any amount in question while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. While we investigate your question, we cannot report you as delinquent or take action to collect the amount you question. If you have authorized us to pay your credit card bill automatically from your savings or checking account, you can stop the payment on any amount you think is wrong. To stop the payment. your letter or call (using the Cardmember Service address or telephone number shown on this statement) must reach us at least three business days before the automatic payment is scheduled to occur. Special Rule for Credit Card Purchases: If you have a problem with the quality of goods or services that you purchased with a credit card (excluding purchases made with a check), and you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the goods or services. You have this protection only when the purchase price was more than $50 and the purchase was made in your home state or within 100 miles of your mailing address. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. MA030708 I sn29x4 IN THE CouRT OF ti.t?lON PLEAS OF CiIMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GDTHAW. COLLECTION SERVICES t CORP., a corporation, assignee I of CHASE BANK USA i i Plaintiff(s), I No. 2010 I RONALD P. OKUM, an individual I I I I Dgfandant(s), I VMUFTCATION The undersigned, avers that he/she is the O t c?s? of Plaintiff, is authorized to make this verification on behalf of Plaintiff, the statements of fact contained in the attached Complaint are true and correct to the best of his/her information, knowledge and belief, and are made subject to the penalties of 16 Pa. Cans. Stat_ Ann. Section 4904 relating to unsworn falsification to authorities. Date c'ERif 'M. PLE j E SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy - Richard W Stewart Solicitor Gotham Collection Services, Corp. vs. Ronald P. Okum Case Number 2010-5639 SHERIFF'S RETURN OF SERVICE 09/14/2010 08:35 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on September 14, 2010 at 2035 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Ronald P. Okum, by making known unto himself personally, at 1 Nita Court, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 September 15, 2010 RYAN BURGSTIT, DEPUTY--"' SO ANSWERS, r - 2? RON R ANDERSON, SHERIFF c? ?= n D -0 1 I C- M -?-?. 1,0 1,0 ^ w In The Common Pleas Court of Cumberland County State of Pennsylvania Plaintiff: GOTHAM COLLECTION SERVICES CORP (Chase Bank) c/o Swartz, Lovejoy, & Assoc. 16~` Floor Law & Finance Bldg Pittsburgh, PA 15219 Defendant: Ronald Okum 1 Nita Court Mechanicsburg, PA 17050 ANSWER TO COMPLAINT COMES NOW the defendant in the above styled cause to answer the Plaintiff's Complaint as follows: c-y -a 0 ~~ ~,.~ In 2007 I, Ronald Okum, was laid off from my construction job for about six months before fording another job in remodeling. During this time I was able to pay my bills and on time. Since my new job paid significantly less that the former one it became more difficult to keep up with the bills and make timely payments. I was force to "rob Peter to pay Paul" to try to stay ahead. However, that is when the interest rates and payments went much higher (for everyone). I did my best but finally had to go to Freedom Debt Relief to handle my account. In August of 2009 I was laid off a second time due to the economy. After nine months I did get another remodeling job but again, with a pay decrease. I am trying to avoid bankruptcy. I generally disagree with the amount being sought as well as the attorney fees and court costs. Dated this 1~ day of October, 2010 Respectfully submitted, CERTIFICATE OF SERVICE Case Number: 10-5639 ~~ rn~ .~~ ,~ %~ ;~7 ~ _~ ~. ~a :~ c-, -=s 0 ~~ r~s :. ~~ ~ ~~ c~- ~_ ~ r-. s- I, the undersigned, hereby certify that I have served the Plaintiff or its attorney with a copy of this pleading by US Mail, postage prepaid, on this 1st day of October, 2010.