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HomeMy WebLinkAbout06-5009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Vs. JEFF A JAFARI Defendant No : 4c. - Sw C'-, z,r.17 , 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 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05317925 C A Pit BXH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. JEFF A JAFARI Defendant Civil Action No 66-57609 CAV4 +UtK 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 COMPLAINT 1. Plaintiff, CAPITAL ONE BANK is a corporation with offices at 6851 JERICHO TURNPIKE #190 SYOSSET , NY 11791 2. Defendant is adult individual(s) residing at the address listed below: JEFF A JAFARI 7073 CARLISLE PI L29 CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number 4862362224949936 . 4. Defendant made use of said credit card and has a current balance due of $1173.25 , as of August 14, 2006 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 25.900% per annum on the unpaid balance from August 14, 2006 . A copy of Plaintiff's STATEMENT OF APPL ICATION is attached hereto, marked as Exhibit 111" and made a part hereof. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for judgment in its favor and against Defendant , JEFF A JAFARI , INDIVIDUALLY , in the amount of $1173.25 with continuing interest thereon at the rate of 25.900% per annum from August 14, 2006 plus costs. James C. P odt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 'e enth Avenue, Suite 2718 Pit s rgh, PA 15219 (4 ) 434-7955 F 12-338-7130 0 31 925 C A Pit BXH This law firm is a debt collector atfeXpting to collect this debt for our client and any information obtai d will be used for that purpose. Your account is delinquent. ?toTo protect make apaym ntitwi[hus,youneed We want to help! We can help-but only if you call us. When you call, you can make a free check-by-phone payment Return your account to good standing. It's up to you to take the first step. law Call W ? ?*0 1-800-479-7231 CAPIWOW PLATINUM VISA ACCOUNT 4862-3622-2494-9936 JUN 16 - JUL 15,200 Page 1 of 1 As tSumo Pagmenm,CmdmwdAdja9menb Pxaia. BC,ed Paroea., Crcd'aa and Adjuwems j9g7.91 4.00 od noetha your camt6c iowly px doe. Payouu max be aceiwd w4fiio 72 7LnLm &bd Tnwmom 464.W ad hamm avoavW id amoabyau m eoBal;oo department Fivvace Chug. $20.87 Taa nmctiow New Bg. Mitdmuo Aoxam Due 11,025.78 41,025.78 I 16JUN OVERLIMYF FEE 129.00 Pgmea Due Due A"15, 2003 2 15JUL CAPITAL ONE MONTHLYMEMBERFEE 6.00 3 15JUL PASTDUEFEE 29.0 Tod Ctedb Live 4325 Tad AnRvde Cn a f.m You wea aaaaed a pp"rc due f. of $29.00 on 07/15/2003 b.7. miniomm parnem was oat Ceeda Line for Cuh $325 miwalbythe dw dae of 07/15/2003. To void thr fee in the bane, weammmeodthe7ou A.M. Cali[ fa Cash 1.00 Awat lat 7baum. dar fa your prymua to red Cspiod Om Atyoutaeavice I. .8 Oases Rd,4.m a a„poa • 6o u rods avk 1-SM-903-3637 s.dp7aws a: s.d ?am.« AaaR?eaPaa:a! C.p.la.e s•ri® cmd or saris P.OOa. 147 P.6.gaesoss RiAaod,YA=G Ri ,LVAN -915 v EXHIBIT Fowwx Chugs HmaurrmanaJr/blaPwrwt ^y6..misw n.:a. G,?4 976rJh ear PURC? S LW .0"N% 1.0% CA &W ANNUAL PERCENTAGE RATE"Itaddupmod 25.90% PLEASE RETURN PORTION BELOW WITH PAYMENT. CAP& OW 0000000 0 4862362224949936 15 1025780090001025783 w...p.,e.r6.s.u,-.,ds.+dd,.aa wk. wq I6. w 3? :4 Nn Sdmm $1,025.78 Miming= Amami Dw 12,025.78 S.n Ad Paromt Due Dam August 15, 2003 Ow am ffi Tod eadoaed 4 Ran. pew„ uen.m Prop A.oam Nwnbm 4962,3622-24W9936 ?.aAeas -- 690197448282234801 MAIL ID NUM13M Capital One Bank JEFF A JAFARI? 7073 CARLISLE PIKE P.O. Box 85147 u.au, m LOT 29 Richmond. VA 23276 CARLISLE PA 17013-9757 I.LIa.IhaitlLtJt11at11atPubtnt.ILtanatalL,t11„d ? ® hatllhaalllaaa,tlhtlLhhthatldtLh.,la,LlLhtLL,l 1Wm,.iti2.arnwnf ma,bamym rbada Henry aJ w.*t-y ek m Qpdd 0.Beakand.1s. d dmdanawkk VERIFICATION The undersigned does hereby verify subject to the penalties of 16 Pa. C.S. §4904 relating to unswom falsification to authorities, that he is an attorney for the Plaintiff herein and makes this Verification based upon the facts as supplied to him by the Plaintiff because the Plaintiff is outside the jurisdiction of the court and the Plaintiffs Verification cannot be obtained within the time allowed for the filing of this pleading; and that the facts and circumstances set forth in this pleading, are true and correct to the best of his kno_wJedge, information and belief. Warmbrodt, Esquire W Q 1 cn c? . 71 m, L r SV -o w N 0 n ?rn 9 (to) SHERIFF'S RETURN - REGULAR CASE NO: 2006-05009 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS JAFARI JEFF A KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon JAFARI JEFF A the DEFENDANT at 0018:26 HOURS, on the 13th day of September, 2006 at 7073 CARLISLE PIKE LOT 29 CARLISLE, PA 17013 by handing to JEFF JAFARI a true and attested copy of NOTICE COMPLAINT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 5.28 ? ? Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 33.28, 09/13/2006 WELTMAN, WEINBERG & REIS Sworn and Subscibed to By: before me this day De sheVi of A.D. ?r V/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL, DIVISION CAP11 Al. _ONE, BANK Plaintiff vs. Ji?1,1: .iAFAR1 De{cndant No.Oh-5009-CIV IL-'ILRM PRAEC11)E FOR ENTRY OF JU1)CMENT 13Y CONSENT FII,ED ON BEHALF OF Plalmlif COUNSEL 01= RECORD OF 'H [IS PARTY: James C. Warmbrodt Paidfi 42524 Weltman, Weinberg & Rcis Co. 2718 Koppers Bldg 436 Seventh Avenue Pittsburgh, PA 15219 (,112)134-7955 W WR1105:) 17925 IN TIII COURT OF COMMON PLEAS C'UMBLRLAND COUNTY. PENNSYLVANIA CIVIL. DIVISION CAPITAL ONE BANK Plaintiff, vs. Civil Action No. 06-5009-CIVIL-TI?RM JIFF A JAFARI Defcndant PRAECIPE FOR JUDGMFNT I3Y CONSENT TO VI iE. PROTI IONO"I ARY: kindly enter Judgment against Defendant, JI11FF A JAFARI, in the amount of ,,1202.63 plus costs, based upon 0 e ?oliscilt of the parties. CO?SkN 1,H )l O: V/ 11 MAN, WEINBERG & REIS CO., L.P.A., J1:FF A JAFARI, By: _ Atiorlicy i,or VIV'R;105 Defendant 1T THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVEI- DIVISION CA?'1741, ONE BANK Plaintiff vs. Civil Action No. 06-5009-CIVIL-TERM Ji?FI-A .iAFARI I?)efendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF.JUDGMENT BY CONSENT I O THE PROTI IONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, JEFF A JAFARI, above-named, in the amount of $ 120.'.63 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as I",)IIo?A s: Defendant admits indebtedness to Plaintiff in the amount of $1202.63 with continuing interest thereon at a rate of 6.00% per ,uuIum plus costs from SI:P"fEMBER 20, 2006. To secure the repayment of said indebtedness, Defendant agrees that ,ludgment by Consent will h? cmt 'red in favor ofthe Plaintiff and against the Defendant, JI;FI" A JAFARI, in the amount of'$!202.63 plus continuing interest thereon at the rate of 6.00% per annum from 5I PTEMBER 20, 2006 and costs. Plaintiff agrees not to execute on its Judgment so long as Defendant causes to be delivered to Plaintiff' tLe fol .rr,ing pa.vments in full by 12:00 NOON on the following dates: (a) $150.00 due by 09/22/06; (b) $150.00 due on the 22TH day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. i A11 payments are to be made payable to the order of "CAPITAL ONE BANK" >. :111 payments due under this agreement are to be received at the off ices of W eltman, Weinberg X Reis, Co. L.P.A., 2718 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA 15219. 6. In the event of default, each payment rcceiv,,d shall be first attributed to costs, interest and then to p -ii,cipal. rime is of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff o- Plai;.RTf`ti eonnsel any payment in full xvithin five (5) caleoidar days ofthe stated due date, then Plaintifr shall be W1111ediately free to issue Execution as well as pursue all other remedies, in law or in cduit,y, to collect the full b?ilancc o 't'le Ju Ignicnt entered hereunder plus appropriate additional Hiterest and costs. R. No act of ornission of the Plaintiff, nor of anyone alleged to be acting on its behall; shall constitute a waiver. estoppel, or any other excuse for non-periOrmance of piny duty Undertaken by the Defendant in this Stipulation m hick tho p?irties agree is final and complete. tt i' fntending to be legally bound, the parties sct their hands and seals this day ul?' 1 I WI:L fMAN, Wl;1NBERG & REIS CO., L.P.A. 13y: ---- Jam 27-13 Pi Wa Pa zshtir rmbrodt n, W inberg & Reis Co. oppe s Bldg ent Avenue , PA 15219 ?)434-7955 WR No. 0>317925 By: Defendant, JEFF A JAFARI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL, DIVISION CA'TI A 1. ONE BANK Plaintiff vs. CiN it Action No. 06-5009-CIVIL-"IT1'RM Jig], FA.'AT`ARI ] ie.fcndant NO'['[CE OF JU[JGMI?NT OR ORDER 1'0: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby noti'fiod that the following Order or Judgment wa; entered against you on 0(= IL.r- ze '0 (xx) Assumpsit Judgment in the amount of $1202.63 plus costs. ( ) "Trespass JudgnIent in the amount of '$ __ _ -_ plus costs. ( ) if riot satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation. Bureau of'I'raffic Safety, Ilarri;burg, PA. (xx) I',ntry of Judgment of ( ) Court Ordcr ( ) Non-Pros ( ) Confession ( ) Detault ( ) Verdict ( ) Arbitration (- ) Award (XX) By Consent Prothonotary JI.I'FA JAI=ARI TM C ARLISLI? PI 1-29 CA ZLISI.E,PA 17013 13y: PRO'1 1 ONO (OR I'TU'I'1') . ? WEL'rMAN WEINBERG & REIS CO L l A 1111REING1 ON, A,I , ., . . . 509 91 1 0 13-, ArfURhtaSAr!"?w CIIICAG0, 11. 2715 Koppcrs BiJlding x,17 9.10 x)31 ' 436.Sevcnih Av,uuc Pitlshurgh, Pcnns)ha:nia 15219 (IhCa!S'N:A!'I. 011 412.434.7955 13 72.3 ?200 wwwmellnru,.cum ( L.1`.\ F,L\\D. 011 16 1OV C011 NIM S, 011 01'1'23 7 DE 11, 0C 1 , t11 \ _'=15 302 0? C)r- NV,)vATioN - 111111. M"I'P111:A, VA GNOV,TH . RESULT5 215.599.150n September 20, 2006 JEFF A. JAFARI 7073 CARLISLE PI L29 CARL ISLk-,PPk 17013 Re: CAPITAL ONE BANK vs. JEFF A JAFARI Case No. 06-5009-CIVIL-TERM Our File No. 05317925 Ce it iJIR JAFARI: Enclosed please find a Stipulation of the Parties for Settlement and for the Entry of Judgment by Consent. You should see that the enclosed Stipulation is signed and returned to our office in the enclosed self-addressed, stamped envelope along with your first payment on, or before, 09/22/06. Upon receipt of the signed stipulation, I will sign and forward the pleading to the curt ;or filing. Shoulc you have an y any questions or comments, please feral free to contact nee. Thank you for your cooperation in this matter. Very truly yours, Vh'JR-, KEB Enclosures C WARMBRODT, Esquire THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. PIZ M C?? r•' r.? c -? a? r `? 4t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. JEFF A JAFARI Defendant No. 06-5009-CIVIL-TERM PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Patrick Thomas Woodman, Esquire PA. I.D.#34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05317925 r sI IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 06-5009-CIVIL-TERM JEFF A JAFARI Defendant PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. WELTMAN, WEINBERG & REIS CO., L.P.A. By: ?? l?ipmad WGDA?Nar Patrick Thomas Woodman, Esquire PA. I.D.#34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #05317925 Sworn to and sub ri Med before me this day of ptember, 07 CAL OppENN3Yl,MA Webnl?lSea1 "i?bNa No?Y Ct/Ofp ,pile ? N VARY PU C i Ncarmbs ? *4 ©o v ono 0 D I 2 °i c, - .? to a mac - N C5 ,. co