HomeMy WebLinkAbout07-0624V'
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
vs.
JOE HURLEY
Defendant
No.07-624 CIVIL TERM
PRAECIPE FOR ENTRY OF JUDGMENT
BY CONSENT
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
James C. Warmbrodt, Esquire
PA I.D. #42524
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#05701825
Judgment Amount:$1193.23
V
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
VS.
JOE HURLEY
Defendant
Civil Action No. 07-624 CIVIL TERM
PRAECIPE FOR JUDGMENT BY CONSENT
TO THE PROTHONOTARY:
Kindly enter Judgment against Defendant, JOE HURLEY, in the amount of $1193.23 plus costs, based upon the
consent of the parties.
CONSENTED TO:
WELTMAN, WEINBERG & REIS CO., L.P.A., JOE HURLEY,
By: Q /L'
Defe dan
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
VS. Civil Action No. 07-624 CIVIL TERM
JOE HURLEY
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, JOE HURLEY, above-named, in the
amount of $1193.23 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent,
as follows:
1. Defendant admit indebtedness to Plaintiff in the amount of $1193.23 with continuing
interest thereon at a rate of 6.0% per annum plus costs from FEBRUARY 8, 2007.
2. To secure the repayment of said indebtedness, Defendant agree that Judgment by Consent will be
entered in favor of the Plaintiff and against the Defendant, JOE HURLEY, in the amount of $1193.23 plus continuing
interest thereon at the rate of 6.0% per annum from FEBRUARY 8, 2007 and costs.
3. Plaintiff agrees not to execute on its Judgment so long as Defendant cause to be delivered to Plaintiff
the following payments in full by 12:00 NOON on the following dates:
(a) $150.00 due by 3/8/07;
(b) $150.00 due on the 8TH day of each consecutive month thereafter 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 "CAPITAL ONE BANK"
5. All payments due under this agreement are to be received at the offices of Weltman, Weinberg & Reis,
Co., L.P.A., 2718 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA 15219.
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 frill 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 o
20
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
James armbrodt
PA I #42 24
WELT AN, INBER
2718 oppers uilding
436 venth '/AN
Pitt urgh, P 15219
(412) 4-7955
I WW No. 05701825
Esquire
& REIS CO., L.P.A.
By: J,&wj, ti,
efen ant, JOE HU Y
I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
vs.
JOE HURLEY
Defendant
JOE HURLEY
123 AMY DR
CARLISLE,PA 17013
Civil Action No. 07-624 CIVIL TERM
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the following
Order or Judgme t was entered against you
on ,i A067
(xx) Assumpsit Judgment in the amount
of $1193.23 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
By:
PRO ONOT )
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff No: 07 - L.?y ?LV L
VS.
COMPLAINT IN CIVIL ACTION
JOE HURLEY
Defendant 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
05701825 C A Pit CXC
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
vs. Civil Action No
JOE HURLEY
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
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:
JOE HURLEY
123 AMY DR
CARLISLE, PA 17013
3. Defendant applied for and received a credit card bearing the
account number 4862362195469161 .
4. Defendant made use of said credit card and has a current balance
due of $1193.23 , as of January 12, 2007 .
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
20.400% per annum on the unpaid balance from January 12, 2007 . A copy
of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1" 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 , JOE HURLEY , INDIVIDUALLY , in the amount of
$1193.23 with continuing interest thereon at the rate of 20.400% per
annum from January 12, 2007 plus costs.
Jame)bur armbrodt,42524
WELT EINBERG & REIS CO., L.P.A.
436 h Avenue, Suite 2718
Pit , PA 15219
41 7955
F 38-7130
05 0 A Pit CXC
This law firm is a debt collector att4?6pting to collect this debt for
our client and any information obtained will be used for that purpose.
r --------------------------------------------------------------------------------------
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CapitalQ?°
Account Sum
Previous Balance $728.45
Payments, Credits and Adjustments $.00
Transactions $29.00
Finance Charges $12.73
New Balance $770.18
Minimum Amount Due $770.18
Payment Due Date May 22, 2004
Total Credit Line $350
Total Available Credit $.00
Credit Line for Cash $350
Available Credit for Cash $.00
At your service
To m11 Customer Relation or to report a lost or stolen card:
1-800-903-3637
For fire online account service and spo" automer offers, log on to:
www.mpiol-mm
Send Payments to: Send inquiries to:
Attn: Remittance Processing
C>Pital One Sion CsPitd One Services
P.O. B. 85147 P.O. B. 85015
Richmond, VA 23276 Richmond, VA 23285-5015
PLATINUM VISA ACCOUNT
4862-3621-9546-9161
MAR 24 - APR 23, 2004
Page 1 of 1
Payments, Credits and Adjustments
Transactions
1 23 APR PAST DUE FEE $29.00
Your request to dose your account has been received. Your account will be dosed when it reaches a $0 balance.
Until then, you will continue to receive statements and must continue to make payments. All terms and
conditions of the account will apply while a balance remains. Please remember to cut your cards and cancel all
charges which automatically bill to your account.
You were assessed a past due fee of $29.00 on 04/23/2004 because your minimum payment was not
received by the due date of 04/23/2004. To avoid this fee in the future, we recommend that you
allow at least 7 business days for your payment to reach Capital One.
E HIBIT
Finance Charges Pima see revere sidefor important inform&iox
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c PURCHASES 664855 .05589%P 20.40% 111.14
CASH $86.03 .05589%P 20.40% $1.49
ANNUAL PERCENTAGE RATE applied this period 20.40%
PLEASE RETURN PORTION BELOW WITH PAYMENT V
Q-111110ftlow 0000000 0 4862362195469161 23 0770180035000770185
New Balance $770.18
Minimum Amount Due $770.18
Payment Due Date May 22, 2004
Total enclosed $
Account Number: 4862-3621-9546-9161
Pleaseprint mailing a"- and e-mail eh-Z s bet using A. or Mark ink
Sheet Ape I
Gry Snte ZIP
Home Phone Mien,- Phone
#9011540846320623# MAIL ID NUMBER
Capital One Bank JOE HURLEY
P.O. Box 85147 Itlulurlltlulnlltl 123 AMY DR
Richmond, VA 23276 e CARLISLE PA 17013-8883
LJrIrtIL,rIrl6trlrllrJltrJltrJL,rIIrrJlrrrllrhrllrtrl s LrrllLrtlllrrrrrrllrtlltLrl,LrlJrJrrJLttl,ltrlltrllr,l
Please unite yore account number m your check or money order madepayable to Capital One Bank and mail in the enclosed envelope.
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does rat provide, endorse, or guarantee and is not affiliated with any product or service shown here. Bt responding to this otter, you may be communicating information about
yourself to the company that provides this product--for example that you are a Capital One warmer. ®2004 Capital One Services, Inc. Capital One is a federally registered
service mark. All rights reserved.
periodic rate. To obtain the average daily balarce far the
billing period covered by this statement, we take the
beginning balance of each segment each day, add any new
transactions to each segment, and subtract any payments
or credits. (If the code N appears on the from of this
statement next to'Baftrra Rate Applied To,' we also
subtract any unpaid finance large included in the balance
of each segment.) This gives w the daily balance of each
segment. Than we add up all the dally balances for each
segment for the billing period and divide by the total
number of days in the billing period. This gives us the
verage daily balance of each segment.
3. Meal Percentage Rate. IAPRI.
a. The Is= 'Almost Percentage Rate' may appear as
'APR' m the from of this statement.
b. If the code P (Prime), L (3-mo. LIBOR), C (Certificate of
Deposit), or S (Bankcam Prime) appears on the from of
this matemer reset to the periodic rwe(m, the periodic
urea and corresponding ANNUAL PERCENTAGE RATES
may vary quarterly aM may increase or decrease based
m the stated indices, as found in The Wall Street
Joanal, plus the margin previously disclosed to you.
These changes will be effective on the first day of your
billing period covered by your periodic statement ending
in the months January, April, July and October.
c. If the code D (Prime), F (1-mo. LIBOR) or G 13+no.
LIBOR Repriced Monthly) appears on the from of your
statement next to the periodic tote(s), the periodic rates
and coresponti ANNUAL PERCENTAGE RATES may
vary monthly and may increase or decrease based on the
armed indices, as food in The Wall Street Journal, Pius
the margin previously disclosed to you. These changes
will be effective m the first day of your billing period
each month.
4. Assessment of lusts, overseas aM ReNned Payment Fasts.
Your account will be assessed no mom than two of the fees
listed here that occur dump any billing period. Under the
terms of your customer agreement, we reserve, the right to
ve or not to tae ass any fees without prior notification to
you without waiving our right to assess the same or similar
fees at a later time.
5.tRanarMg You Account. If a membership fee
appears on the from of this statement, you have 30
from from the date this matermera was mailed to you to
avoid paying the fee or to have such fee credited to you
if you crrcel your account. During this period, you may
continue to use your account without tawrg to pay the
membership fee. To can==r ectwum, yvw most
notify is by calling our Relations Department
and pay you 'New Balance' in full (xduding the
rehip fee) prior to the end of the thirty-day peri d
6. N You Con You Account. You can request to dose
your accotat by calling our Custaner Relations
Department. You most destroy, your credit cam(s) and
account access checks, cancel all prearothorized billing,
and cease ualrh9 your account. If you do na cancel
preraho ized billing arrangements, we will consider
receipt of a Marge your auhorizatim to reopen your
aoxant. Additionally, your account will rat be closed
until you pay all amounts you owe us including: any
Transactions you have authorized, finance charges, par
due fees, ovetimii fees, returned payment fees, cash
advance fees and any Other toes assessed to your
emount. You are responsible for these amours whether
They appear m you accost at the time you request io
dose the account or they are incurred s bm quers to
your request to dose the account. This may result in
charges appearing on your account after you have
your account if it has already been dosed. For example,
if you authorized a purchase from a mordent and we,
race
've the trarsaottion from the merchant after your
has been closed, your account will be reopaad,
eta amount of the charge will be added to your account,
and you will be responsible for payment. 11 there is a
membership fee for your account, the fee will continue
to ba charged, to the agent permitted by law, until the
aceaum balarhce hest been paid in toll as defined above.
7. Using You Aeeourt.Your ca rd or at_- carrot be
used in connection with any intemet gambling
tmnsectiors.
BILLING RIGHTS SUMMARY
Iln Case Of [nom Or Questions About Your Bill)
If you think your bill is wrong, or if you mad more
intamattmn m a transaction or bill, write to us no a
separate sheet as soon as possible at The address for
inquiries shown m the from of this statement. We must
hear from you no later than BO days after we sent you the
first bill on vWtich the error or problem appeared. You can
call Our Customer Relations number, but doing an will net
preserve your rights. In your letter, give us the following
Information: your name and account comber, the dollar
amount of the suspected error, a description of the error
and an explanation, if possible, of wiry you believe there is
an error; or if you need more infounalion, a description of
the item you are urwue about. You do cot have to pay any
amour in question while we are investigating it, but you
are still obligated to pay the pans of your bill that am riot
in question. While we investigate your question, we mission
report you as delinquent or take any action to collect the
amount you question.
I,t Special Rule For Credit Card Purchases
If you have a problem with the quality of property or
services that you purchased with a credit card and you
have tried In good faith to correct the problem with the
merchant, you may have the right not to pay the remaining
amount due on the property or services. You have this
protection oniy when rho puretese price was more than
$50.00 antl tie purchase was made in your home state or
within 100 miles of your mailing address. (If we own or
operate the merchant, or it we mailed you the
adverosemem for the property or services, all purchases
covered regrdiese of amount or location of purchase.)
Please remember to sign all correspondence.
t Does not apply To consumer non-credit card accounts
t Does not apply to business nm-dill calf accounts
Capital One suppons Inomatim privacy protection: see our
websile at www.capitalone.rxm.
Capital One is a federally registered service mark of Capital
Ore Financial Corporalrm. All rights reserved. 0 2003
Capital Ora
OiLOLBAK
J 'a. Grata Pried. You will have a minimum grace period of
25 days with" finance charge purchases, new,
balance transient, new specie) purchases and new other
charges if you pay your total 'New Balance', in
scmntance with The Important Notice for payments below,
and in time for it to be credited by your Term materearrit
dosing date. Them is re grace period on cash advances
and special varefem. In addition, there is no grace period
arty transaction if you do not pay the total 'New
balance.'
b. Accruing Finma charge. Tramaictio s which are not
subject to a grace period are assessed finance large 1)
from the date of the transaction or 2) from the time the
transaction is processed to your Account or 3) from the
first calendar day of the current billing period. Additionally,
if you did not pay the -New Balance' from the previous
billing period in full, finance charges codinu , to accrue in
your upaid balance udil ttne unpaid balance I. paid r fill.
This means that you may still owe flZ= durgea, even if
you play the entire New Balance indcaled m the front of
your statement by the reset statement dosing date, but did
nct do an for the previous month. Unpaid finance charges
are added to the applicable segment of your Amount.
t c. Minimalist Fames Charge. For each billing period that
your account is subject to a firerce charge, a minimum
total FINANCE CHARGE of 90.50 will be imposed. If the
total finance charge resulting from the application of you
periodic rate(s) is less than to 50, we will subtract that
amount from the 90.50 minimum and the difference will be
billed to the purchase ugman of your octant.
td . Tamparary Reduction it Fknarnw Charge. We reserve the
doht to not assess any or all finame charges for any given
,,ling period.
2. Avaraga Doty Batarrca Iktcktdip New fVtlusasl.
a. Rm charge is calculatad by multiplying the dally
balance of each segment of your accouat (e.g., man
advance, purchase, special transfer, and special purchase)
by the corresponding daily periodic rate(s) that has been
previously disclosed to you. At the and of each day during
the billing period, we apply the daily periodic rate for each
segment of your account to the daily balance of each
segment. That at the end of the billing period, we add up
the results of these daily calculations to arrive at your
periodic finance large for each segment. We add up the
results from each segment to arrive at the total periodic
finance charge for your account. To get the daily balance
or each sePO.01 of your accam, we take the beginning
balance for each segment and add any new, transactions
and any periodic finance charge calculated m the previous
day's balance for that segment. We than subtract any
payments or credits posted as of that day that are allocated
to that segment. This gives us the separate daily balance
for each segment of your account. However, if you paid the
New Balance shown m your previo s ratement in full (or
if your new balance vela zero or a credit amount), new
tr=W ma which port to your purchase or special
purchase Fragments are nr added to the daily balances. We
calculete the average daily balance by adding all the dally
balances together and dividing the sum by the amber of
the days in the current billing cycle. To calculate your total
finance charge, muhiply your average daily balance by the
daily periodic rate and y the number of days in the billing
period. Due to routing m is daily basis, there may be a
slight voidance between ms micWatlm and the amoral of
finance charge actually assessed.
b. if the code Z or N appeal m the bm1 of this statement
nor to 'Balance Rate Applied To,' we muitiply the
41624M
Inportet Notice: Payments you mail to us will be credited to your accou d as of the business day we receive it, provided (1) you sad the bottom pordm of this statement and your check
In the snickered remittance envelope and (2) your payment is received in our processing center by 3 p.m. ET 112 mm PT). Please allow at least five (5) business days for postal delivery.
Payments received by ca a any otler localim r in anV rher am may not be credited as of the day we receive dam. Our business days are Monday through Saturday, exdidrg holidays.
Please do rot use staples, paper dips arc. vdhen preparing your payment. When your send us a deck(s), you authorize us to make a one-time electronic transfer debit from your bank
scout for the amount of the deck. This authorization applies to as checks received during the billing cycle even if will by someone else. If we cannot process the transfer, you authorize
us to make a charge against your bank account, using the deck, a paper draft or other item.
VERIFICATION
The undersigned does hereby verify subject to the penal ' of 18 P rl 4904 relating
to unsworn falsifications to authorities, that he/she is G
(NAME)
of aintiff herein, that
TLE) (COMPANY)
he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint
are true and correct to the best of his/her knowledge, information and belief.
A
(SIGNATURE)
WWR# 0 GJ1o1(8) .5
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SHERIFF'S RETURN - REGULAR
CASE NO: 2007-00624 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAPITAL ONE BANK
VS
HURLEY JOE
TIMOTHY REITZ
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
HURLEY JOE
the
DEFENDANT , at 1626:00 HOURS, on the 6th day of February-, 2007
at 123 AMY DRIVE
CARLISLE, PA 17013 by handing to
LESLIE BLUMEHAUER, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00
Service 4.40
--"?'!'?-•'"
Affidavit .00 Surcharge 10.00 R. Thomas Kline
00
32.40,/ 02/07/2007
Ap!IR WELTMAN WEINBERG REIS
dOWE'
Sworn and Subscibed to By:
before me this day D uty Sheriff
of A.D.
.r • ?&
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
vs.
JOE HURLEY
Defendant
No. 07-624 CIVIL TERM
PRAECIPE FOR SATISFACTION OF
JUDGMENT
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
William T. Molczan, Esquire
PA. I.D.#47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#05701825
f
I?
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
vs. Civil Action No. 07-624 CIVIL TERM
JOE HURLEY
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:
William T. Molczan squire
PA. I.D.#47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
Sworn to and subibed WWR #05701825
before me this aday of November, 0 I
Y PU ItWiftion EALTH OF PENNSYLVANIA
Notarial Seal
J. Kelly, Notary Public
ttsburgh, Allegheny County
E)pires Nov. 4, 2009
Member, Pennsylvania Association of Notaries
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