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Home My WebLink About13-5690 Supreme Coti oq l?ennsylvania !4 : " Al Con D mo leas For Prothonotary Use Only: �! Ii C l bV,S eet f f Docket No: Si CLI E •RLX1i lb l I '�F• J/ County / The information collected 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 lain or rules of court. Commencement of Action: S El Complaint El Writ of Summons El Petition - Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: COMENITY BANK JILL KOSER T I Are money damages requested? S Yes -! No Dollar Amount Requested: Owithin arbitration limits (check one) Ooutside arbitration limits N Is this a Class Action Suit? (] Yes 0 No Is this an MDJAppeal? 0 Yes El No A Name of Plaintiff /Appellant's Attorney: WILLIAM T. MOLCZAN, ESQ. PA ID #47437 0 Check here if you have no attorney (are a Self - Represented (Pro Set 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 Buyer Plaintiff Administrative Agencies El Malicious Prosecution Debt Collection: Credit Card 0 Board of Assessment _; Motor Vehicle 0 Debt Collection: Other 0 Board of Elections 0 Nuisance 0 Dept. of Transportation 0 Premises Liability El Statutory Appeal: Other S 0 Product Liability (does not include 0 Employment Dispute: E mass tort) 0 Slander/Libel/ Defamation Discrimination 0 C 0 Other: Employment Dispute: Other ©Zoning Board T Other: I 0 Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Ejectment 0 Common Law /Statutory Arbitration B 7 Other: 0 Eminent Domain /Condemnation 0 Declaratory Judgment 0 Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute 0 Non - Domestic Relations M Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY F11 Mortgage Foreclosure: Commercial Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical EJ Other: 0 Other Professional: Updated 1/1/2011 WELTMAN, WEINBERG & REIS CO., L.P.A. THE 0T NO, HO fC Attorney for Plaintiff(s) 0 TA1 BY: William T. Molczan, Esquire 2 0 13 SEP 30 I.D. No.47437 AM N : 3 7 436 Seventh Avenue, Suite 1400 CU11SERLAtio Pittsburgh, PA 15219 'ENNS YLVAiVA Phone: 412.434.7955 Fax: 412.434.7959 File # 9603866 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 CK��t>♦��i� -:s3a A 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 XXXXXXXXXXXX6654. 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. -Io Plaintiff, as of February 14, 2013, in the amount of $1,923.32. 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. L WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, Jill. Koser, individually, in the amount of $1,923.32 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., - -1 .'.: William T. Molczan, Esqu' I.D. No.47437 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 41.2.434.7959 File # 9603866 # ` ..................................................................................................................................................................:............. ............................... PAGE t OF I informati Payment Account no. � -6654 New balance $1,882.95 Minimum payment due $594.00 Previousbalance $1,816.18 Payment due date 12/11/2011 Payments 0.00 Other credits 0,00 Late Payment warning: Purchases 0,00 If we do not receive your minimum payment by 12/11/2011 you may Other debits 0,00 have to pay up 10 a $29.00 late fee. ..... .............. ........ .............................................:............ ............................... Fees charged 29.00 Mini m um payment waming: If you make only the minimum Int c h a rg e d 37.77 payment for each period, you win pay more In Interest and it wig take New balance $1,882.95 you longer to pay off your balances. For example: Past due amount 499,00 If you make no additional You will pay off And you will charges using this card the balance shown and up paying an Credit limit $0,00 and each month you pay: on the statement estimated total Available credit $0,00 In about: of: Statement closing date 11/16r2011 Only the minimum payment 2 years $2430 Days in btlfmg cycle 30 For information regarding credit counseling services, call 1.600284 -1706. Detnils of your transactions TRANS DAC ON O/LATO AMOUNT ................ ..................... ........................ ..... ....... OC ......... I .N .................................................................................... ............................... Fees 11/12/2011 LATE FEE Y9 Total fees charged for this period $29.00 .......................................................................................................................................................................... ............................... Interest charged Interest charge on purchases $37.77 Total interest for this period $3777 2011 totals year to date Total fees charged in 2011 $281.00 Total interest charged in 2011 $340.23 Interest charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. ' TYPE OF eALANCESUBJECT INTEREST BALANCE APR TO INTEREST RATE CHARGE Purchases 24.9900% (v) 1,839.16 37.77 Additi p message 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- 800.695 -9872 (TDD/TTY 1- 800-695- 1788). 'Effective June 2011, our minimum payment due calculation has changed, which may result In a lower required monthly minimum payment. The minimum payment due no longer Includes fees. NOTICE: Sae reverse ante la Irr,ponern infixnbtbn. .......................... I.................................. ........... ............................... ............................................................. ............................... �caas roar el oareraao;�ioovv Account Payment must reach number x$854 - - - - d re s s ba rn us by 5 pm C7 on New balance Minimum payment x , 7 1, f 12/1112011. $1, 882.85 $594.00 994 O Yes, I have moved or updated my Amount andosad: e-mail address - see reverse. Please make check Payable to: IIIr11111111'11' 111111" IIIIIIlllrlflll1111 '1111'l11'lll "'111111 WFNNB DRESS8ARN JILL A KOSER Please return this portion along with your payment to: 120 E KING ST PO BOX 659704 SHIPPENSBURG PA 17257 - 1326 SAN ANTONIO TX 78265 -9704 9603866 11 "Illll,llr III '1111'11111'1!III'11111111'I'I "1111'1 09201011 00010607 6654 00059400 00188295 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unworn falsifications to authorities, that he /she is ` 1 fl�AAA'f (NAME) Azl 7 'Do 7 M -1,- of 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. I I (SIGNATURE) i i 1 i i WWR# 9603866 i i } i R SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ' Sheriff Jody S Smith I A 1,1 99 Chief Deputy Richard W Stewart f` .;��.�s 3�,t;.LW2 bUt l Solicitor i)F r t`,s�;�F Tk SHEAIP-° P'-- H l YL Y A H I l i Comenity Bank Case Number vs. Jill Koser 2013-5690 SHERIFF'S RETURN OF SERVICE 10103/2013 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 �TY SHERIFF COST: $50.60 SO ANSWERS, October 07, 2013 RbNO R ANDERSON, SHERIFF L � 41;6i, 20!3 DEC _2 phi 1, CUMBERLAND ONT PEA,+F S YL V 04 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMENITY BANK Plaintiff No. 13 5690 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# 9603866 A PIT ABR aRt.\-itlifiSOPOI a hi- 1/ 39 fwol __#-.4=4 SR -10 f nici-t..6 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION COMENITY BANK Plaintiff vs. Civil Action No. 13 5690 CIVIL JILL KOSER Defendant PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, JILL KOSER, in the amount of$1,923.32 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG& REIS CO., L.P.A. By: Attorney for Plaintiff JI KOSER 120E KING ST SHIPPENSBURG, PA 17257 WWR# 9603866 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMENITY BANK Plaintiff vs. Civil Action No 13 5690 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$1,923.32 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$1,923.32. 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$1,923.32 plus continuing interest thereon at the statutory rate of 6.00%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 /(/W , 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# 9603866 A PIT ABR /3 16 ■1111- J' L ' •SER 120 E KING ST SHIPPENSBURG, PA 17257 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMENITY BANK Plaintiff vs. Civil Action No. 13 5690 CIVIL JILL KOSER Defendant NOTICE OF JUDGMENT OR ORDER TO: ( )Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or J dgment was entered against you on (xx) Assumpsit Judgment in the amount of$1,923.32 plus costs. ( ) Trespass Judgment in the amount of$ 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 120E KING ST SHIPPENSBURG, PA 17257 By PROTHONOTARY(OR DEPUTY)