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Home My WebLink About11-1036F6LLU-OrF .E r 2011JAIN31 AMli•3q CU MB RLANU COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. STACEY HOY Defendant No: COMPLAINT IN CIVIL ACTION 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 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 08701934 C A Pit KMJ T? air ?a? I.? THE COT7R.T OF COMMON I'LEA> OF CI'A?^RLAND^.C?:NTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. STACEY HOY Defendant Civil Action No 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 1. -Plaintiff, CHASE BANK USA, N.A. is a corporation with offices at 200 WHITE CLAY CENTER DR NEWARK , DE 19711 . 2. Defendant , is adult individual(s) residing at the address listed below: STACEY HOY 35 BOURBON RED DR MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 4266902020301352 4. Defendant made use of said credit card and has a current balance due of $6133.53 5. Defendant is in-default by having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $300.00 %ca'-ed' y equu.sted to d Zo by P'_aintyff,a .TIe.f.endan-L hw? willfully failed and/or refused to pay the principal balance, and accrued interest or any part thereof to Plaintiff. Wherefore, the Plaintiff prays for judgment against Defendant STACEY HOY individually , the amount of .$6133.53 with continuing interest thereon at the statutory rate of 6.000% per annum from November 29, 2010 plus attorneys fees of $300.00 and costs. James C. r ro t,42524 WELTMAN, W NBERG & REIS CO., L.P.A. 436 Sev th Avenue, Suite 1400 08701934 C A Pit KMJ Pittsbu gh, PA 15219 (412) 4 4-7 55 FAX: 4 -3 -7130 This law firm is a debt collector attempti g o collect this debt for our client and any information obtained w' 1 e used for that purpose. Payment Due Dale New Balance Past Due Amount MNnireum Payment Wrm- $6,133.53 $7.266.00 =1,477.00 Aooowil 1NWAW: 4200 9010 20301352 . Major year elisese paysmoto: Chess Card Oarvlesa. Please wren amwnt endowed. New address or dada? Pant on ad. 42664020203013520014770000613353000000000000005 45ea9 emu s wia e STACEY HOY 35 BOURBON RED DR MECHANICSBURG PA 17050-7852 1...III...111.... 1.1.11...1...11.1...101-1.I..II.11.1h.1 RIEWAROP I...III.1.rI..I.I..1..II...I.I....Il.l.l...ll..lrl...IIAIA CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 18888.6153 450006602181: ),84202030&352710 8701934 H lanes t yaw seaauet atone: AMMO" owftot Inlemadon YwwCApfaOMOWe worw Asa, .. t1a9a1t arnververely located on reverse ode ACCOUNT SUMMARY PAYMENT INFORMATION ACCounl Number: 42M 6020 2030 1 352 Now Balance $6,133.53 Previous Balance $5,882.21 Payment Due Date 042W10 Fees Charged .$39.00 Mramatm Payment Due $1,477.00 InWool Charged .$112.32 Late Payment Warning: If we do not receive your minimum New Balance 133 $8 53 payment by the date lsted above, you may hove to pay up to a , . $38.00 late tee and your APRs, VAN be subject to increase to a OpenltglCloang Dale 03101/7 0 - 032 8110 mrexknum Penally APR o127 99%. Total Credit Line 500 $5 Minimum Payment Warning: 11 you make only therrtramum , payment each period, you will pay more in interest and it will take Available Credit $o you longer to pay off your balance. For example. Cash Access Line 51,100 Available for Cash $0 If you make no additional charges You will pay off the balance stewn on Arid you wall and up paying an salimated using this card and this statement in total of... each month you about... pay.. Only the minimum 30 years $18.201 payment $242 3 yeara $6,718 (Sarnnga.$9,483) It you would like information about credit counseling services, call 1.886.787.2885. The outstanding balance on your credo card account is scheduled to be written o8 as e bad debt shortly. As a rexlt. your credo bureau will bo updtled with a negative ruling that could last for up to seven yews. Wean still help, but you need to ail us now et 1-888.7'82.7547 tooled 1-302.5948200), Important Measage: You Are Ow4iM4 Your statemant bdence exceeds your credit Ina, You should make a payment that includes Ile overlimit amount to bring to balance under your credo line, Your socant is closed. Please continue to make mordNy payments by the due dale unfit your balance to pad in IWI. IDISNEY DREAM REWARD DOLLARSM Balance from last statement 0 Please cal 6001300-SMto rWesm your .award dollars earned from rtes purchases o Disney Rewardem or if you have any quessons Reward dollars transtened to Rewards Caro 0 about the Daney Rewardall, Program. Remaining balance 0 Card ax *ar ID: 14302607 Use your Cardmember ID for special limned-ante promoson s such as Refer A Friend. Your eccotsnt is past due, therefore rewards earned INS period have not been posted to your account. Please make ate minimum payment due it nedsaely to amd forfeiture of rewards. ACCOUNT ACTIVITY Dete of Tianeeoton Merchant Name or Transaction Description $ Amount tii?? ??A,?:: , J:\,:;?h; ti::::ti'v\v?\:.',:vy}. \\ •:v'Cl:' isS\:>ii:U?iiT:::{?iui::,?':i:i2:;:L:;n?S:;R}:Y iti:?:vil:C4.?::i: tin.. •:ti.\ ?:tiij::;.:2\?+,. \ \\\\t\T 1 \\\ 4 ?\ v?•\\F.R' \v, vii?.i}?`.{<i::}i;•?:> \ \ h ti,:::;. v.: ..... n,.vw:. 0326 LATE FEE . :.:::: .... ..... .::.::...:.v:::::: •-.. .... .................:.::.: 3900 TOTAL FEES FOR THIS PERIOD $3900 0328 PURCHASE INTEREST CHARGE 106.50 03/28 CASH ADVANCE INTEREST CHARGE 5.72 TOTAL INTEREST FORTHIS PERIOD $11232 0000001 F193139004 000 Y 6 211 10%26 Pgal d2 00272 MAMA45tee 09710a000e0045MOt z o0.4 EXHIBIT 2of5 Statemern Date: 03/01/10 - 03/28/10 Account Number: 4266 9020 2030 1352 8701934 Paps 2 of 2 Total lees chargltd in 2010 $76.00 Total interest charged in 2010 $233.53 Year-lo- to total& rotect 00 Barges minus any rotunda applied 10 you aooounl on or Sher January 31, 2010. INTEREST CHARGES Your Annual Percentage Raw (API) is the annual iritereal rats on your sccou nt. Annual Balance Accrued Balance Percentage Raft (APR) Subject To l"West tmereet Type 26 Days in Cycle Imereet Raw Charges Charges Purchases 24.24%(v) $6,73243 $106.60 $0.00 Cash Advances 24.24%(v) $307.71 $5.72 $0.00 (v) . Vadetle Rate Rear aes fibrmauon About Your Account section for the Calculation of Balance Subject to Intaroal Rate. Annual Renewal Notice How to Avoid Interest on Purchases, and other important Information, as a{>pfcade. R OI10o0o1 Fl833MCI 00o Y e 2e tp'oy2e Paa2012 oe772 UN WA 45M 0571o0o0040e0r50H02 4 of 5 VERIFICATION The undersigned is an Officer of Chase Bankcard Services, Inc., which is a subsidiary and agent of the Plaintiff that maintains the records and services the credit card accounts owned by the Plaintiff. The undersigned is authorized to make this verification for and on behalf of the Plaintiff and is familiar with Plaintiffs account in this matter. Based upon my review of the Plaintiffs books and records of Defendant's account(s), I have personal knowledge of the facts set forth in the attached pleading. Records such as these are kept in the regular course of the Plaintiffs business and it is the regular course of Plaintiffs business to maintain these records, These records and the entries thereon are made at or near the occurrence in question by, or from information transmitted by, a person with knowledge of the account. This verification is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. WWR# 08701934 C A Pit KMJ Client Account # 4266902020301352 Name STACEY HOY SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff FILED-OF F IG a, Jody S Smith O THE PROTHGW-I"a Chief Deputy 9: 00 ?? -? ?? Richard W Stewart Solicitor ', ,t)MBERLAWD PEN Sy IYA I+`, Chase Bank USA, N.A. Case Number vs. 2011-1036 Stacey Hoy SHERIFF'S RETURN OF SERVICE 02/02/2011 08:20 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 2, 2011 at 2020 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Stacey Hoy, by making known unto herself personally, at 35 Bourbon Red 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. SHERIFF COST: $37.00 February 03, 2011 ROB RT BITNER, DEPUTY SO ANSWERS, RON + R ANDERSON, SHERIFF k 1 R:.' n 2 ('y r 1 t ,, , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff VS. STACEY HOY Defendant No. 11-1036 CIVIL STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE 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 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#08701934 $6517.21 /?,/ It?•U?' flkb4i) 10 qef u 1/51 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. STACEY HOY Defendant Civil Action No. 1 1-1036 CIVIL PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, Stacey Hoy, in the amount of $6517.21 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., STACEY HOY, By: Attorney for Plaintiff ByAndant De WWR#08701934 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. STACEY HOY Defendant Civil Action No. 11-1036 CIVIL 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, Stacey Hoy, above-named, in the amount of $6517.21 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: Defendant admits indebtedness to Plaintiff in the amount of $6217.21 with continuing interest thereon at a rate of 6% per annum from February 21, 2011, plus attorneys' fees in the amount of $300.00 and costs. 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, Stacey Hoy, in the amount of $6217.21 plus continuing interest thereon at the rate of 6% per annum from February 21, 2011, plus attorneys' fees in the amount of $300.00 and costs. 3. 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 March 18, 2011; (b) no less than $130.00 due by the 18th of each consecutive month thereafter until balance is paid in full. 4. All payments are to be made payable to the order of "CHASE BANK USA, N.A." 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 44101-0430. 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. 9. Intending to be legally bound, the parties set their hands and seals this day of /V&#\- 20 WELTMAN, WEINBERG & REIS CO., L.P.A. By: 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 WWR#08701934 By: F Defendant, Stacey o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. STACEY HOY Defendant Civil Action No. 11-1036 CIVIL 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._ 3ja? hI (xx) Assumpsit Judgment in the amount of $6517.21 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 Stacey Hoy 35 Bourbon Red Drive Mechanicsburg, Pa 17050 By: PROTHONOTARY (OR DEPUTY) 1400 Koppers Building 9 436 Seventh Avenue • Pittsburgh, Pennsylvania 15219 •412.434.7955 9 www.weltman.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. STACEY HOY Defendant No. 11-1036 CIVIL ACCEPTANCE OF SERVICE 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 WWR#08701934 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. STACEY HOY Defendant Civil Action No. 11-1036 CIVIL ACCEPTANCE OF SERVICE I, STACEY HOY, do hereby accept service of the Complaint in Civil Action. DATE: I Pefendant WELTMAN, WEINBERG & REIS, CO. , L.P.A. BY: Ashley L. Sweeney, 313667 Attorney for Plaintiff (s) I.D. No. 313667 436 7th Ave Ste 1400 Pittsburgh PA 15219-1827 (412) 434-7955 FAX: 412-338-7130 File # 08701934 C A Pit SJS CHASE BANK USA, N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY vs. STACEY HOY CASE NO. 11-1036 CIVIL I ow PRAECIPE TO SATISFY r or' -orrl TO THE PROTHONTARY: yy -•< .x�- _ Kindly mark the case and judgment entered against Defendant STACEY HOY as satisfied. WELTMAN, WEINBERG & REIS CO. , L.P.A. By iI % - .1 • Ashl=g9F" S�' Attorney fo Pl- ntiff 41.561PC/ 1V/J Ci/f3Js- 4/9 176°