HomeMy WebLinkAbout13-5689 Supreme Cou ..Q
Cou mrg0 Pleas For Prothonotary Use Only: f
C 10 2,5 V8t Docket No:
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Cu BE t fiN r County /3• S� 1 `�
The information collecled on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by laic or rules of court.
Commencement of Action:
El ' Complaint 0 Writ of Summons D Petition
0 Transfer from Another Jurisdiction 0 Declaration of Taking
E
C Lead Plaintiffs Name: Lead Defendant's Name:
COMENITY BANK JILL KOSER
T
Dollar Amount Requested: Owithin arbitration limits
I Are money damages requested? Yes No
O (check one) Ooutside arbitration limits
N Is this a Class Action Suit? El Yes 0 No Is this an MDJAppeal? 0 Yes nx No
A Name of Plaintiff /Appellant's Attorney: WILLIAM T. MOLCZAN, ESQ. PA ID #47437
Check here if you have no attorney (are a Self - Represented (Pro Sep Litigant)
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
El Intentional 1l Buyer Plaintiff Administrative Agencies
0 Malicious Prosecution Debt Collection: Credit Card 0 Board of Assessment
[ Motor Vehicle Debt Collection: Other Board of Elections
0 Nuisance 0 Dept. of Transportation
Premises Liability El Statutory Appeal: Other
S Q Product Liability (does not include
E mass tort) � Employment Dispute:
Slander/Libel/ Defamation Discrimination
0
C El Other: 0 Employment Dispute: Other 0 Zoning Board
T 0 Other:
I 0 Other:
O MASS TORT
El Asbestos
N [] Tobacco
0 Toxic Tort - DES
0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
E] Toxic Waste
0 Other: 0 Ejectment 0 Common Law /Statutory Arbitration
B 1l Eminent Domain /Condemnation 0 Declaratory Judgment
17 Ground Rent Mandamus
0 Landlord/Tenant Dispute Non- Domestic Relations
0 Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABLITY 1] Mortgage Foreclosure: Commercial 0 Quo Warranto
[3 Dental 1] Partition 0 Replevin
0 Legal 0 Quiet Title 0 Other:
E] Medical 0 Other:
0 Other Professional:
Updated 1/1/2011
WELTMAN, WEINBERG & REIS CO., L.P.A. '��'
Attorney for Plaintiff(s) L 713 �, �, vo r� �
BY: William T. Molczan, Esquire EP 30 y
I.D. No.47437 " OCP-
436 Seventh Avenue, Suite 1400 6;4,L N D co
Pittsburgh, PA 15219 Yt VA UN T Y
Phone: 412.434.7955
Fax: 412.434.7959
File # 9603878
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
COMENITY BANK
Plaintiff
vs. Civil Action No.
JILL KOSER
Defendant(s)
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, 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
(717) 249 -3166
vo; : c
aa62 °CI
rV3 DI_
i
COMPLAINT
1. Plaintiff is a corporation with offices in 220 W Schrock Rd, Westerville, OH 43081.
2. Defendant is an adult individual residing at 120 E King St, Shippensburg, PA 17257.
3. Defendant applied for and received a credit card bearing the account number
XXXXXXX3858.
4. The original creditor, WFNNB, changed its name to Comenity Bank.
5. Defendant made use of said credit card and currently has a balance due and owing-`to
Plaintiff, as of February 14, 2013, in the amount of $1,236.75. A true and correct copy of Plaintiff's
Credit Card Statement 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. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or
refused to pay the principal balance, or any part thereof to Plaintiff.
r
WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, Jill Koser,
individually, in the amount of $1,236.75 with continuing finance charges thereon at the statutory rate of
6.00% per annum from the date of Judgment, 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.
William T. Molczan, Es re
I.D. No.47437
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
Phone: 412.434.7955
Fax: 41.2.434.7959
File # 9603878
........................................................................................................................................................................ ...............................
PAGE 1 OF 1
PaymewWormation
Account no. , X3858 New balance $1,210.79
Minimum payment due $345.00
Previous balance $1.150.97 Payment due date 01/1712012
Payments 0.00
OthorcredRS 0.00 Late payment warning:
Purchases 0.00 If we do not receive your minimum payment by 01/17/2012 you may
Other debits 0.00 have to pay up to a $35.00 late fee,
..................................................................................... ...............................
Fees charged 35.00 Minimum payment warning: If you make only the mlldmum
Interest charged 24.82
payment for each period, you will pay more in Interest and H will take
New balanta $1,210.79 you longer to pay off your balances. For oxample:
Past due amount 285,00 II you make no additions{ You will pay oN And you will
charges using this card the balance shown and up paying no
Credit limit $0 and each month you pary: on the smtnnem esltrnaled WW
Available credit $0.00 in about of:
Only the ndnlmum Payment 2 years $1572
Statement Closing date 12123r2011
Days in billing cycle 31 For information regarding credit counseling services,
cell 1.800.284 -17011
TR0.a8 DATE TflAN54LT10N DE8CRIPr gN1LOGAT101/ '
................. ...... ............................... ..............................
Fees
12flwo11 LATE FEE 35.10
Total fees charged for this period S35.00
............. .. ..... ............................... ......................................................................................... ...............................
Interest charged
Interest charge on purchases $24.02
Total interest for this period $24.92
2011 Iotaie year to date 0
T., i
fees Merged n 2011 $234,00
Total interest charged in 2011 $222.62 ,
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
TYPE OF BALANCESt18JECT INTEREST
BALANCE APR TO INTEREST RATE CHARGE
Purchases 24.9900% M 1,169.06 24.82
We are attempting to work with you. If payment Is not received your account will be turned over to our
Recovery Division. To make a payment by phone using your bank account, or to discuss payment
arrangements please call 1- 877 -851 -3122 (TDD /TTY 1. 800 -605- 1788).
IMPORTANT INFORMATION —YOUR CHECK AUTHORIZES ELECTRONIC DEBIT
Effective March 2005, we may process your payment by personal check as an electronic ACH debit. By
mailing us a check for payment on your credit Card accent, you are authorizing us to initiate an ACH
debit in the amount of your check from the account on which you have written the check. if we initials
Such a debit, we will do so as soon as we receive your check. To evold possible Costa due to a rejected
ACH debit, please make sure that the check Is covered by funds already in your account before you mail
us the check. Your check will not be returned to you. It will be imaged and the original destroyed.
........................ NOn0E Sae �wma0 also aor inlporlanl Inwmdim.
..................... ............................................................... ...............................
Account
Payment must reach rxmrber 3860
PR Q' u 11 va by 5 pm CT an New balance Mnlmvm pAyrtxr
l�Z Y 0111712012. 1210.79 $345.00
994
r( Yea. I have moved e. updated ^N Amount enclrwd: "I B IT
�L JJ o-mtail address - aaa reverse. EX
Please make check payable to:
'III' 1111111 111111 till t1.11.1111i91 WFNN8 - PACIFIC SUNWEAR 1
JILL A KOSER Please velum this portion along with you payment to:
120 E KING ST PO BOX 658705
9603878 $HIPPENSBURG PA 17257.1326 SAN ANTONIO TX 78265.9705
' -1 11.1111 .11 "111141
06001015 00003337 X3858 00034500 00121079
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA: C.S. 4904
relating
to unsworn falsifications to authorities, that he /she is
(NAME)
- fr rA aL o f , plaintiff
(TITLE) (COMPANY)
herein, that he /she is duly authorized to make this verification, and that the facts set forth
in the foregoing Complaint in Civil Action are true and correct to the best of his/her
knowledge, information and belief.
G
(SIGNATURE)
i
WWR# 9603878
i
i
s
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy u l
X, r , s ti
Richard W Stewart d{s
Solicitor MCE OF T" E$"ERIC w tJi i�.�7•�#Rp rL A-Pi�" t�j
PENN) 1 LVANIt,ya: t
Comenity Bank
V& Case Number
Jill Koser 2013-5689
SHERIFF'S RETURN OF SERVICE
10/0312013 02:11 PM-Deputy Brian Grzyboski, being duly sworn according to law, served the requested Complaint
&Notice by handing a true copy to a person representing themselves to be Alicia Koser, daughter, who
accepted as"Adult Person in Charge"for Jill Koser at 120 E. King Street, Shippensburg Borough,
Shipppensburg, PA 17257.
BRIAN GRZY S UTY
SHERIFF COST: $50.60 SO ANSWERS,
October 07, 2013 RONW R ANDERSON, SHERIFF
€�? ;xrniyStite Sherir:'iefeasrft.�!,c.
� 1
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
COMENITY BANK
Plaintiff
vs. Civil Action No. 13-5689 CIVIL
JILL KOSER
Defendant
PRAECIPE FOR JUDGMENT BY CONSENT
TO THE PROTHONOTARY:
Kindly enter Judgment against Defendant, JILL KOSER, in the amount of$1,236.75 plus costs, based
upon the consent of the parties.
CONSENTED TO:
WELTMAN, WEINBERG& REIS CO., L.P.A. ■
°r'i r---
By:
Attorney for Plaintiff Wiz:, c �
Alt -
JI[ •DER _
1 0 E KING ST `to �..
SHIPPENSBURG, PA 17257
WWR# 9603878
03,4 iaite, c-cpola
eJ(_-t4i lI 3�SOO
agc9a7
th. id
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
COMENITY BANK
Plaintiff No. 13-5689 CIVIL
vs.
STIPULATION OF THE PARTIES FOR
PAYMENT AND FOR THE ENTRY OF
JUDGMENT BY CONSENT
JILL KOSER
Defendant 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.
436 7th Ave Ste 1400
Pittsburgh, PA 15219
(412) 434-7955
WWR# 9603878 A PIT ABR
. D
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
COMENITY BANK
Plaintiff
vs. Civil Action No 13-5689 CIVIL
JILL KOSER
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, JILL KOSER, above-named, in
the amount of$1,236.75 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by
Consent, as follows:
1. Defendant admits indebtedness to Plaintiff in the amount of$1,236.75.
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, JILL KOSER, in the amount of$1,236.75 plus
continuing interest thereon at the statutory rate of 6.000%per annum from the date of judgment, 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) no less than$25.00 per month due by November 30, 2013 and December 31, 2013;
(b) After the December 2013 payment, Defendant shall contact Plaintiff's counsel to discuss a
possible settlement or increase in payments. Payments will continue each consecutive month
until the Judgment amount, plus accrued interest and costs are paid in full.
4. All payments are to be made payable to the order of"COMENITY BANK"
5. The first payment due under this agreement is to be received at the offices of Weltman,
Weinberg & Reis, Co., L.P.A., 436 7th Ave Ste 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 fails 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 N()V , 20 1 .
WELTMAN, WEINBERG& REIS CO., L.P.A.
By:
Matthew D. Urban, Esquire
PA I.D. #90963
WELTMAN, WEINBERG& REIS CO., L.P.A.
436 7th Ave Ste 1400
Pittsburgh; PA 15219
WWR# 9603878 A PIT ABR
L/
JILL'KOS R
120 E KING ST
SHIPPENSBURG, PA 17257
•
Y
x u • a
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
COMENITY BANK
Plaintiff
vs. Civil Action No. 13-5689 CIVIL
JILL KOSER
Defendant
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the following
Order or Judgm nt was entered against you
on ►off � 3
(xx) Asylum sit Judgment in the amount
of$1,236.75 plus costs.
( ) Trespass Judgment in the amount
of$ 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
JILL KOSER
By: ,,•
120 EKING ST
SHIPPENSBURG, PA 17257 Wit•€'` .'
,1 ca
PROTHONRY(OR DEPUTY)