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Home My WebLink About11-0880I °. r?1 de 1" i1 tj-, ..}fit ?^1.,?•;r•?`??'t?"+(!1??""` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FEDERATED CAPITAL CORPORATION, F/K/A FEDERATED FINANCIAL CORPORATION OF AMERICA, ASSIGNEE OF ADVANTA BANK CORPORATION DvitTewm Plaintiff No. vs. COMPLAINT IN CIVIL ACTION DONNA ZOTTER DB/A THERE'S A CHEF IN MY KITCHEN Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James P. Valeck.o, Esquire PA I.D. #79596 Weltman, Weinberg & Reis, CO L.P.A 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#9008179 C a. oo.t It at i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FEDERATED CAPITAL CORPORATION, F/K/A FEDERATED FINANCIAL CORPORATION OF AMERICA, ASSIGNEE OF ADVANTA BANK CORPORATION Plaintiff vs. Civil Action No. DONNA ZOTTER D/B/A THERE'S A CHEF IN MY KITCHEN 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 CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff is a corporation with offices in 30955 Northwestern Highway, Farmington Hills, MI 48334. Plaintiff is an assignee of Advanta Bank Corporation, a true and correct copy of the Bill of Sale and Assignment is attached hereto, marked Exhibit "1 ", and made a part hereof. 2. Defendant, is an adult individual residing at 3609 Golfview Dr, New Cumberland, PA 17050. 3. Defendant applied online for and received a credit card from Advanta Bank Corporation bearing the account number xxxxxxxxxxxx3412. True and correct copies of the terms and conditions of which were agreed upon by the parties are attached hereto, marked Exhibit "2", and made a part hereof. 4. This account was subsequently assigned from Advanta Bank Corporation to Plaintiff. A true and correct copy of the Bill of Sale and Assignment is attached hereto as aforementioned, marked Exhibit "I", and made a part hereof. 5. Defendant made use of said credit card and currently has a balance due and owing to Plaintiff, as of January 24, 2011, in the amount of $35,926.78. A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked as Exhibit "3" 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 29.08% per annum on the unpaid balance. 8. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's reasonable attorneys' fees incurred in enforcing said Agreement. 9. Plaintiff avers that such attorneys' fees amount to $1,500.00. 10. 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, Donna Zotter d/b/a There's a Chef in my Kitchen individually, in the amount of $35,926.78 with continuing finance charges thereon at the rate of 29.08% per annum from January 24, 2011, plus attorneys' fees of $1,500.00, and costs. WELTMAN, WEINBERG & REIS, CO., L.P.A. r ("I James P. alecko, Esquire PA I.D. #79596 Weltman, Weinberg & Reis, CO L.P.A 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR4:9008179 AD/IA NTA EXHIBIT NO AGENCY POOL BILL OF SALE AND ASSIGNMENT The undersigned Seller (the "Assignor") hereby absolutely sells, transfers, assigns, sets-over, quitclaims and conveys to Federated Capital Corporation, organized under the laws of the state of Delaware (the "Assignee") without recourse and without representations or warranties of any type, kind, character or nature, express or implied, except as provided in the Asset Purchase and Sale Agreement dated. November 22, 2005, by and between Assignor and Assignee, all of Assignor's right, title and interest in and to each of the assets identified in the No Agency Pool Closing Sale Tape (the "Assets"), together with the right to collect all principal, interest, other amounts due or other proceeds of any kind with respect to the Assets remaining due and owing as of the Cut- Off Date (including but not limited to proceeds derived from the conversion; voluntary or involuntary, of any of the Assets into cash or other liquidated property, including, without limitation, insurance proceeds and condemnation awards), from and after the Cut-Off Date. Dated: December 20, 2005 ASSIGNOR: ADVANTA BANK CORP. By. AJ4410` Name: Title: Michael Coco Vice President and Treasurer 1 m w? w a ac z a cN ?.a z ? w. mug as a EXHIBIT M_ a a ko h N i 1. N IS ` ix e FF '11 x ? rg Fg m . w ? d all VpxQ?1' q y3$??1 yy ? tV ? ? fl ? ? d6: CC ?? .v J v O _ Y R (.? ? V {j}a¢?i? il ? g l1 C F. o i E d E e? ? ~ ,/1 A O G •V Cl V CA . cr ? m m . o ac ? ? m I i g.?? I fill, Y b wit b e fi fit ° *.. . HIM I bVt tl a MS 1 zs- fi It 19 1 g?,a &g ?t Afib 4 n HNI all fill 4113111 A n.a `l FIX .9 # Al £ff gtl ?b 9 $t E? ? gg 91 tfig $$ lip IM a If 5i?5 z $ III g E? ?g gj a 3L.? f All t e &law fit c f?' ? c fs lie ,e fix ,4 v , 041,11 1 r EXHIBIT 3 V _ PAYMENT INFORMATION ADVANTA Amount Number: 3412 Payment Due Date: NOW DUE. www.advanta.com New Balance: 0.00 Minimum Payment Due: 0.00 Pica tc check here if address. Phone or PLEASE WRITE IN S c- mail changes are indicated on revcrac side F1 PAYMENTENC,LOSED: i , .......?.......... i ...................1 ? ......... ? THR'S A CHF IN MY KITCN 201 MAKE PAYMENT TO: DONNA ZOTTER 136 RED HAVEN RD ADVANTA BANK CORP NEW CUMBERLND PA 17070-3164 PO BOX 808E PHILADELPHIA,PA 19101-8088 01111 till 111111+n111141. 111. it III 111u111,L11IIn1lu1#111 111111111,1 till 11n11rr1111111111r1L?L l,d11,1111,,111111. 13412 0000000 0000000 Detach TopFnrti.a and P.admc with "teat PLAT 1 N U M A D V A N T A ADVANTA PLATINUM BUSINESSCARD WITH CASH BACK. STATEMENT B U S I N E S S C A R D ACCOUNT SUMMARY BALANCE SUMMARY Account Number 3412 Previous Balance 14,771.23 Total Credit Limit 12,500.00 (+) Purchases & Cash Advances 0.00 Total Credit Available 0100 (+) Miscellaneous Fees 0.00 Cash Advance Credit Limit 12,500.00 (+) Finance Charge 0.00 Cash Advance Credit Available 0.00 (-) Payments 0.00 Billing Cycle Closing Date 10/31/05 (-) Credits 14,771.23 Days In Billing Cycle 30 New Balance 0.00 Payment Due Date NOW DUE Minimum Payment Due 0100 REBATE SUMMARY Previous Balance +/- Earned/Adjusted This Statement - Forfeited This St at it = Current Balance 0.00 I 0.130 I 0.00 I 0.00 TRANSACTIONS Trans Date Post Date Reference Number Activity Since Last Statement Amount 10/31 10/31 I F1045009GO0999990 I CHARGE OFF ACCOUNT-PRINCIPALS -12,259.33 10131 10/31 F1045009G00999990 CHARGE OFF ACCOUNT "FINANCE CHARGES' - 2,51190 FINANCE CHARGES _ PAYMENT SUMMARY Average Nontinai Annual Daily Annual Finance Charges Payment Due 0.00 Daily Aalancc Percentage Rate Periodic Percentage Due to Daily Transaction + Amount Over Credit Limit 0.00 1 Rate Rate Periodic Rates Fee, + Past Due Amount 0.00 Purchases 0.00 28.85% .08012% 28.85% 0.00 0.00 Minimum Payment Due 0.00 Cash Advance-, 0.00 28.85% .09012Y. 28.85% 0.00 0.00 FOR CUSTOMER SERVICE. PLEASE CONTACT US: Fol Online: By Mall: Advanta Bank Corp. P.O. Box 30715, By Phone: wvvlv.ndvanta.com ® Salt Lake City, UT 84130-0715 1-800-705-7255 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION 5962 0001 860 1 3 1.5 051031 Z X Page 1 of 1 1045 9700 P924 OIAA5962 201 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that she is Sharon L. Willeford Dittrich, Director of Portfolio Services for Federated Capital Corporation, plaintiff herein, that 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 her knowledge, information and belief. 1Q Sharon L. 1 ord Dittric Name: Zotter, Donna/There's A Chef In My Kitchen Account Number: 5584189701363412 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff or ?,t,n i` ILED-GIFFICt Va0t, rr{'art ' ? HE ???THO?jn ?" ?''"• Jody S Smith s' Chief Deputy j FEB _ 9?: Richard W Stewart Solicitor s??L?MBE1iLAf!,1 /?:O???:T"' F i L ,A1 . Federated Capital Corporation Case Number vs. 2011-880 Donna Zotter SHERIFF'S RETURN OF SERVICE 02/03/2011 08:33 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 3, 2012 at 2033 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Donna Zotter d/b/a There's A Chef in My Kitchen, by making known unto herself personally, at 3609 Golfview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. ROBE T BITNER, PUTY SHERIFF COST: $37.00 February 04, 2011 SO ANSWERS, ROW R ANDERSON, SHERIFF SMIGEL, ANDERSON & SACKS, L.L.P. River Chase Office Center 4431 North Front Street, and Floor FILED-OFFICE ji. HE RROTHONOTAR"t 2011 FEB I I AM I1: 29 Darryl J. Liguori, Esquire dliguori@sasllp.com Attorney for Defendant 17110-1778 Harrisburg, FA 34-240011 ? (717) 234-2401I MBERLNND CQVH I ? (717)234- .? U V FEDERATED CAPITAL CORPORATION F/K/A FEDERATED FINANCIAL CORPORATION OF AMERICA, ASSIGNEE OF ADVANTA BANK CORPORATION, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2011-880 CIVIL TERM CIVIL ACTION - LAW V. DONNA ZOTTER D/B/A THERE'S A CHEF IN MY KITCHEN, Defendant. PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of the Defendant Donna Zotter d/b/a There's a Chef in My Kitchen in the above-referenced matter. Respectfully submitted, Date: February 9, 2011 SMIGEL, ANDERSON & SACKS, LLP By: Di I Darryl J. Liguori, Esquire ID #91715 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant FEDERATED CAPITAL CORPORATION F/K/A FEDERATED FINANCIAL CORPORATION OF AMERICA, ASSIGNEE OF ADVANTA BANK CORPORATION, Plaintiff, V. DONNA ZOTTER DB/A THERE'S A CHEF IN MY KITCHEN, Defendant. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2011-880 CIVIL TERM : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Darryl J. Liguori, Esquire, attorney for the Defendant in the above-captioned matter, certify that I this day served a copy of the foregoing Praecipe for Entry of Appearance upon the person(s) indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: James P. Valecko, Esquire Weltman, Weinberg & Reis, CO L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Attorneys for Plaintiff Date: February 9, 2011 SMIGEL, ANDERSON & SACKS, LLP By: Darryl J. Liguori, Esquire ID 491715 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant { Tnm x rn 2 T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN PENNSYLVANIA ?cn CIVIL DIVISION ao FEDERATED CAPITAL CORPORATION F/K/A FEDERATED FINANCIAL CORPORATION OF AMERICA ASSIGNEE OF ADVANTA BANK CORPORATION Plaintiff, VS. DONNA ZOTTER D/B/A THERE'S A CHEF IN MY KITCHEN, Defendant. No. 2011-880 CIVIL TERM TYPE OF PLEADING: PLAINTIFF'S REPLY TO NEW MATTER FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: ca c? i n' : CD C) --+' James P. Valecko, Esquire PA I.D.# 79596 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR # 9008179 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FEDERATED CAPITAL CORPORATION F/K/A FEDERATED FINANCIAL CORPORATION OF AMERICA ASSIGNEE OF ADVANTA BANK CORPORATION, Plaintiff, No. 2011-880 CIVIL TERM VS. DONNA ZOTTER D/B/A THERE'S A CHEF IN MY KITCHEN, Defendant. PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes the Plaintiff, by and through its counsel, James P. Valecko, Esquire and Weltman, Weinberg & Reis Co., L.P.A., and files the following Reply to New Matter: 11. Paragraph 11 of Defendant's New Matter contains no averments to which a response is required. To the extent that a response may be required, Paragraphs 1 through 10 of the Complaint are hereby incorporated by reference as if fully set forth. 12. The averment contained in Paragraph 12 of Defendant's New Matter constitutes conclusions of law to which no further response is required. 13. The averment contained in Paragraph 13 of Defendant's New Matter constitutes conclusions of law to which no further response is required. II 14. The averment contained in Paragraph 14 of Defendant's New Matter constitutes conclusions of law to which no further response is required. 15. The averment contained in Paragraph 13 of Defendant's New Matter constitutes conclusions of law to which no further response is required. By way of further response, the statement attached as Exhibit "3" to Plaintiff's complaint refers to a document that is a pleading of record, which document speaks for itself, and therefore no further response is required. 16. The averment contained in Paragraph 16 of Defendant's New Matter constitutes conclusions of law to which no further response is required. WHEREFORE, Plaintiff demands judgment in its favor and against the Defendant in the amounts demanded in its Complaint. Respectfully Submitted: WELT?44N, WEINBERG & REIS, CO.,,ZP.AI By: `---? James P. V lecko, Esquire PA I.D.# 7 596 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR # 9008179 CERTIFICATE OF SERVICE I, James P. Valecko, certify that I served a true and correct copy of Plaintiff's Reply to New Matter by First Class Mail, Postage Pre-Paid, on the day of 2011, upon the following: Darryl J. Liguori, Esquire River Chase Office Center, Third Floor 4431 North Front Street Harrisburg, PA 17110 B4aame. a lecko, Esquire WELTMAN, WEINBERG & REIS CO., L.P.A. BY: James P. Valecko, Esquire I.D. No. 79596 436 Seventh Avenue 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 Fax: (412) 338-7130 File # 9008179 FEDERATED CAPITAL CORPORATION F/K/A FEDERATED FINANCIAL CORPORATION OF AMERICA, ASSIGNEE OF ADVANTA BANK CORPORATION vs. DONNA ZOTTER D/B/A THERE'S A CHEF IN MY KITCHEN {4 ..»L.t-?1 f t4?. PROMNOTAR'i Attorney for Plaintiff(s) 2,3I1 JUL 25 PM 2: 56 ?UPENNSYLVANIA TY Cumberland County Court of Common Pleas No.: 2011-880 CIVIL TERM PRAECIPE TO DISMISS WITH PREJUDICE TO THE PROTHONOTARY: Kindly dismiss the above matter with prejudice. WELTMAN, WEINBERG & REIS CO., L.P.A. By James P. V ecko, Esquire Attorney r Plaintiff