HomeMy WebLinkAbout11-1041FILED-OFFICE
OF THE PROTH0,1YOTARy
29ItJAN31 A11I1:57
fitlAtBERLAND COUNTY
PENNSYLVAIiIr,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
vs.
EMILY R BRANDT
Defendant
No: //_ /p P o
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
08547689 C A Pit KMJ
CAI
(0 7,Alv,
/PA* 'A (4 3 q
IN THE COURT OF COMMON PLEAS OF CT-TIMBERLAND COUNTY, PENNSYLVANIA =
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
vs. Civil Action No
EMILY R BRANDT
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.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
J,
COMPLAINT
1. Plaintiff, CHASE BANK USA, N.A. is a corporation with offices at
200 WHITE CLAY CENTER DR, NEWARK, DE 19711.
2. Defendant is an adult individual(s) residing at the address
listed below:
EMILY R BRANDT
1131 PHEASANT DR N
CARLISLE, PA 17013
3. Defendant applied for and received a credit card issued by
Plaintiff bearing the account number 540168301.1028583.
4. Defendant made use of said credit card and has currently a
balance due of $3458.46. A true and correct copy of Plaintiff's
Statement of Account is attached hereto, marked as Exhibit "1" and
made a part hereof.
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.
8. Although repeatedly requested to do so by Plaintiff, Defendant
has willfully failed and/or refused to pay the principal balance, and
accrued interest or any part thereof to Plaintiff.
WHEREFORE, Plaintiff prays for judgment against Defendant, EMILY
R BRANDT individually, in the amount of $3458.46 with continuing
interest thereon at the statutory rate of 6% per annum from November
26, 2010, plus attorneys' fees of $300.00 and costs.
WELTMAN, WEINBERG & REIS, CO., L.P.A.
James
436 Se
Pitts
(412)
Fax 4
WWR# 8
THIS IS AN ATTEMPT TO COLLECT I
SHALL BE USED FOR THAT PURPOSE. /
Warmbrodt, 42524
th Avenue, Suite 1400
h, PA 15219
-7955
338-7130
7689
3T AND ANY INFORMATION OBTAINED
1
Payment Dua DaM New Balance Peel Due Amount Ilhdmunn Pay an
asnsno 53,458.46 $M 51,10200
Aoaolnl nunber: 5601 OM 1102 GM
7-:1 Now yalreleaa peyameto:
chw card 8anllheaa.
Please write amount andosod.
Now address or ?maa9 Print on bodt.
CHASE O
54016830110285830011020000345846000000000000001
eaeas® Z10aoC
EMILY R BRANDT
1131 PHEASANT DR N
CARLISLE PA 17013.1252
1...111... III... 1.116.II.... 11..1.1.1.611111.111.... Nd.d1
1,.,11111..6.111..1.111...1.11...1111.1...111.1.1.1.11,111.-1
CAROMEMBER SERVICE
PO BOX 18153
WILMINGTON DE 19888-6153
45000 in60 281: 209 30 110 285836~
Massa yaw seem" MAW. Aadwanal aaeaat kremadan
y ? conveniently located on reverse side
ACCOUNT SUMMARY
N
PAYMENT INFORM
Account Number. SW ON 1102 0669 New Balance $3.458.46
Previous Balance $3,333.35 Payment Due Date 05/1570
00
$1
102
Fees Charged +539.00 ,
.
Minimum Payment Due
Interest Charged +588.08 Lab Ptyrnee Warning: It we do not receive your minimum
payment by the date listed above, you may have to pay up to a
New Balance $3,466.46 $39.00 lete tee and your APRs vA be subject to increase to a
mo dmam Penalty APR of 29 99x,
Oponing Cbaing Dale 0 3/1 9110 - 00116/10 Ynimun Paymord Worming: It you ,nuke only the minimum
Total Credit Line $2,500 payment salt period, you wig pay more in interest and it evil take
Available Credit $o you longs to pay oil your balance. For etampu:
Cash Access Lis $20
11 you male no
You will pay on se
And you will and up
Available far Cash
Av $ additional tlmgs balance shown on paying an estimated
using this card and ?No alalerrnent in
...
total at
each month you about..
pay...
Only the minimum 26 yearn $11,713
paymril
It you would ni a imor atan aDout cram wutw w w?cm, w.
1-866-797-2886
The outstanding balance on your credit card account is scheduled to be wrinen of as, a bad debt shortly. As a result. your credit
txreou villl be updaved with a negative ruling that could last tor up to seven years. We can still help but you nsed to cal us now al
1-988-792-7547(collect 1-302-584.8200).
Important Message: You Are Ovedimie
Your statement balance exceeds your credit Ina. You should make a payment that includes the ovenns emournl 10 berg the
balance under your credit Ins.
Your account is closed. Please continue to make moral payments by the due date until your balance is pad in 1111.
ISHIMU A REWARDS SUMMA Y
Previous RebaN Balance 50.00 To redeem your ShMZ Reams
Rebels Earned on Purchases 50.00 call the number on the back
Current Rotate Total $0.00 of your card or log an to
wwav.c a".o0m.
ACCOUNT ACTIVITY
Date of
Transaction
Merchant Name or Transaction Description S Amount
:
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04/15 )ATE FEE .
TOTAL FEES FOR THIS PERIOD
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PURCHASE INTEREST CHARGE •., •. :•
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,
66.08
TOTAL INTEREST FOR THIS PERIOD $0608
Total tees chagod n 2010 $117.00
Total interest cnarosd in 2010 _ $241.27
Year-to-0els totals relaet all charges minus any nrl nds
applied 10 Vow account on or after January 31, 2010.
8547689
This Statement Is a Facsimile - Not an original
0000001 F1833M C 3 000 N Z Is 10AIA 6 Pays 1 19 2 08121 MAMA 59WS - W 00000110 01
X om
wuis samaces 2of5
2 ?
Statement Owe: 03/19/10 - 04113110
Account Nunlbe: 5401 6830 1102 8583
Pape 2 o12
INT EST CHARGES
Your Annual Pereantaya Rata (APIq is the annual imereet raM on your ac0oun.
Annual Balance Accrued
Balance Par, arl19 Raft (APR) SubjeciTO
R Irrleteet
ChwVm Irrlerwl
Chw"
Type 31 Days in Cycle aft
Innermel
Purchases 2910%(v) $3.379.82 $66.08 $0.00
00
$0
Cash Advance 29.91%(v) 50.00 50.00 .
(v) - VanlIe Rant
geese asst Inlormalion About Your Acoount sedion for the CalwlMion of Balance Suttlecl lo Interest Rate. Annual Renewal Notice.
Flow 10 Avoid Merest on Pvdtasee, end of er ingorum intomatlon, u applc8 M.
8547689
This Statement Is a Facaknlle - Not an original
x 0000001 Fla3M5C3 000 N Z 19 Iowa PeN2d2 00121 MA WA 50M 1091000M30005010M
4of5
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
Plaintiff's account in this matter. Based upon my review of the Plaintiff's 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
Plaintiff's 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.
(Signature) ?n
WWR#8547689
Client Account #5401683011028583
Name EMILY R BR.ANDT
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
v??4tia rai t_?.
FILED- 0FFICE
CC THE ['R0TFIOI C 1LL=i ?'% V'
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
2011 FEB -9 AM 9: 00
CDMBERLAN''D t CN T "
FENNSYs-; ; IA
Chase Bank USA, N.A.
vs.
Emily R. Brandt
Case Number
2011-1041
SHERIFF'S RETURN OF SERVICE
02/01/2011 05:45 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February
1, 2011 at 1745 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Emily R. Brandt, by making known unto Paul Mcann, Husband of defendant at 1131
Pheasant Drive North, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same
time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $33.40
February 03, 2011
RO RT BITNER, DEPUTY
SO ANSWERS,
RON R ANDERSON, SHERIFF
` ? ?„? t?p!?OTA
2. 09
^IJ??IBE ? YLYANI?ATY
rES
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
vs.
EMILY R BRANDT
Defendant
No.11-1041 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#08547689
$3809.63
0,Lf gcSS`l-7
I
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
VS.
EMILY R BRANDT
Defendant
Civil Action No. 11-1041 CIVIL
PRAECIPE FOR JUDGMENT BY CONSENT
TO THE PROTHONOTARY:
Kindly enter Judgment against Defendant, Emily R Brandt, in the amount of $3809.63 plus costs, based upon the
consent of the parties.
CONSENTED TO:
WELTMAN, WEINBERG & REIS CO., L.P.A.,
Z???
By.
Attorney for Plaintiff
EMILY R BRANDT,
By.
D endant.
WWR#08547689
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
vs. Civil Action No. 11-1041 CIVIL
EMILY R BRANDT
Defendant
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, Emily R Brandt, above-named, in the
amount of $3809.63 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 $3509.63 with continuing interest thereon
at a rate of 6% per annum from February 16, 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, Emily R Brandt, in the amount of $3509.63 plus continuing
interest thereon at the rate of 6% per annum from February 16, 2011, plus attorneys' fees in the amount of $300.00
and costs.
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) $150.00 due by February 15, 2011;
(b) no less than $150.00 due by the 15th 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 Plaintiff's 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 ,
20 t t
(412) 434-7955
By:
my Defendant R Brandt
WELTMAN, WEINBERG & REIS CO.. L.P.A.
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
WWR#08547689
IN THE COURT OF COMMON PLEAS OF BLAIR COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
vs. Civil Action No. 2010 GN 1701
EMILY R BRANDT
Defendant
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
(xx) Assumpsit Judgment in the amount
of $3809.63 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
Emily R Brandt
1 131 Pheasant Drive North
Carlisle, Pa 17013 /
By;
PROTHONOTARY (OR DEPUTY)
1400 Koppers Building • 436 Seventh Avenue • Pittsburgh, Pennsylvania 15219 •412.434.7955 • www.we ltman.com
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
vs.
EMILY R BRANDT
Defendant
No. 11-1041 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#08547689
H ? I ,
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
vs. Civil Action No. 11-1041 CIVIL
EMILY R BRANDT
Defendant
ACCEPTANCE OF SERVICE
I, EMILY R BRANDT, do hereby accept service of the Complaint in Civil Action.
DATE: - -Z?G /--? efen t