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HomeMy WebLinkAbout07-1068o . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: 07 -.la4oa vs. COMPLAINT IN CIVIL ACTION ROXANNE M LEHMAN 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 05614441 C N Pit DRM F CUMBERLAND COUNTY, PENNSYLVANIA CIVIL IN THE COURT OF COMMON PLEAS I ISI CAPITAL ONE BANK Plaintif f '1- /O(, F Civil Action No VS. ROXANNE M LEHMAN 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 140 EAST SHORE DR GLEN ALLEN , VA 23059 2. Defendant is adult individual(s) residing at the address listed below: ROXANNE M LEHMAN 419 RENO STREET NEW CUMBERLAND, PA 17070 3. Defendant applied for and received a credit card bearing the account number 5291151768159384 . 4. Defendant made use of said credit card and has a current balance due of $4561.66 , as of January 29, 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 19.800% per annum on the unpaid balance from January 29, 2007 . A copy of Plaintiff's STATMENT is attached hereto, marked as Exhibit 11111 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 , ROXANNE M LEHMAN , INDIVIDUALLY , in the amount of $4561.66 with continuing interest thereon at the rate of 19.800% per annum from January 29, 2007 plus costs. James WELTM 436 S Pitt (412 FAX: 056 4 This law firm is a debt collector at our client and any information obtai Warmbrodt,42524 WEINBERG & REIS CO., L.P.A. nth Avenue, Suite 2718 ?h, PA 15219 4-7955 -338-7130 C N Pit DRM ng to collect this debt for 11 be used for that purpose. peoplepc online 003 UNLIMITED INTERNET ACCESS PeoplePC Online offers a better Internet experience, at a better price. • Over 9,000 local access numbers 41"'? • Virus Blocker 4 • Smart Dialer technology • Pop-Up Btocka • Spam controls • Or surf up to 6x faster for just $7.47/mo for the first 3 months with PeoplePC Online Accelerated** 3 MONTHS 1/2 OFF Download our software at www.peoplepc.com/go/silver2 for Cardholderell or call 1-888-5TRYNOW to request a disc. CapitalCW Mention Offer Code: SILVER2 Capital ow" Account Summary PreviousBalance $3,367.72 Payments, Credits and Adjustments $.00 Transactions $35.00 Finance Charges $5514 New Balance $3,457.96 Minimum Amount Due $3,457.96 Payment Due Date June 18, 2005 Total Credit Line $3,000 Total AvailableOedit $.00 Credit Line for Cash $600 AvailableCredit for Cash $.00 At your service To callCustomeRelationDrtoreportalostorstolemard: 1-800-955-7070 For freeonlin=ountervicandspeciatustomwffersiogon to: www.capitalone.com Sendpaymentto: Sendinquirieso: Attn: RemittancErocessing CapitalOneBank Capita)DneServices P.O. Box790216 P.0.130,B5015 St. LouisM063179-0216 RichmondVA23285-5015 GOLD MASTERCARD ACCOUNT 5291-1517-6815-9384 APR 20 - MAY 19, 2005 Page 1 of 1 Payments, Credits and Adjustments Transactions 1 19 MAY PAST DUE FEE $35.00 Capital One is proud to support The Heart of America@Foundation, helping children learn to read, succeed, and make a difference in the world In 2003, we gathered nearly $1 million worth of books for children in need To learn more about how you can help a child make reading a lifelongpassion, visit www.heartofamerica.mg. Youwere assesseda past due fee of $35.00 on 05119/2005 becauseyour minimum payment was not receivedby the due date of 05/19/2005. To avoid this fee in the future, we recommend that you allow at least 7 businessdays for yourpayment to reach Capital One. Pleasescowersusideforimpo=tinformation Finance Charges Balanceate Periodic Conesyonding FINANCE applieth rate APPRR PURCHASES $3,394.34 00 S .05425% 19.80% $55.24 05425% 19.80% S.00 CASH . . ANNUAL PERCENTAGE RATE applied this period PLEASE RETURN PORTION BELOW WITH PAYMENT Capital0w' 0000000 0 5291151768159384 19 3457960085003457962 New Balance $3,457.96 Minimum Amount Due $3,457.96 Payment Due Date June 18, 2005 Total enclosed $ Account Number: 5291-1517-6815-9384 Capital One Bank P.O. Box 790216 ?t?rr?ttr??t??tt?t?ut? St. Louis, MO 63179-0216 I,IlrrrrIll- II1.,,,,I,I,,,II,II„.„Ilrll„ I„LI Pleasprintmailin®ddresmd/oe-maithan9dcl0wsi4hrmrblact1k. 19.80% City State ZIP Ho-Phone Altemamone m ess T #9014076908743805# MAIL ID NUMBER ROXANNE M LEHMAN r 419 RENO STREET 1 NEW CUMBERLAND PA 17070-1877 EXHIBIT Pleasewrite youraccountuumberon yourchecbrmoneWrdetmadepayabl-Capita OneBank and mail in theenclosednvelope. ' r UNLIMITED I'7 4.9 NTERNET ACCESS per month for the first 9 months nneGU"erne aeott y"untlt to otlaornpa y th i m ehoe. Any a We prod a guaran PaopINC N aolesy napwnibla for do offs, ana w not aMliatNl rly b =.n., rerePOnoi q bin s oMa m b-e aewnp lnaa? 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A a any gn . 4. appear as any of yourbillmg?per>dt9dOUnY YOU guesuo7rt or teas any acpon t Retuned FaTMp. t FffL Special Rule For Credit Card Purchases or me statq or We own r $ Does not apply to consumer non-credit card accoul % Does not apply to business non-credit card accopn Ca%V Onformation privacy protection: ie tere? service rrarlt or al, ort. n t5 re-I a 201 WYN8 o ; N I orv? a rrv Ont of our VERIFICATION CAPITAL ONE BANK vs LEHMAN, ROXANNE M The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities, that he/she is, MAISHA DAVIS, Authorized Agent, of CAPITAL ONE BANK, Plaintiff Herein, that he/she is duly authorized to make this Declaration, 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. MAISHA DAVIS l MYRA PRINDLE Notary Public Gwinnett County Georgia My Commission Expires July 31 st 20C9 5291151768159384 A049 VJBLTMAN, WEINBERG & REIS CO., L.P.A. 1 4 ` V b N ttl d ?J r? i w i ? i- _.a 1'?J f: h Cam ^7 W CIl V `?? rn toe) it IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. ROXANNE M LEHMAN Defendant No.: 07-1068 CIVIL TERM 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: 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#05614441 a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No.: 07-1068 CIVIL TERM ROXANNE M LEHMAN 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, ROXANNE M LEHMAN, above- named, in the amount of $4,426.41 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 $4,426.41 with continuing interest thereon at a rate of 6% per annum plus costs from April 5, 2007. 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, ROXANNE M LEHMAN, in the amount of $4,426.41 plus continuing interest thereon at the rate of 6% per annum from April 5, 2007 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) $200 due by March 30, 2007; (b) $200 due on the end of the month each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. i 4. All payments are to be made payable to the order of "CAPITAL ONE BANK" 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. 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. 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 Lday of? 20 1 WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. olczan, 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 No. 05614441 By: Defendant, ROXANNE M LEHMAN Y f ` r-a { v C;1 -rt y t ) ` t, W 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No.: 07-1068 CIVIL TERM ROXANNE M LEHMAN 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 ??.t AW7 (xx) Assumpsit Judgment in the amount of $4,426.41 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 Roxanne M Lehman 419 Reno Street New Cumberland, Pa 17070 41 By: PRO ONOT j ) k_7 - SHERIFF'S RETURN - REGULAR CASE NO: 2007-01068 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS LEHMAN ROXANNE M MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon TFNMAN RnXANNR M the DEFENDANT , at 1710:00 HOURS, on the 6th day of March , 2007 at 419 RENO STREET NEW CUMBERLAND, PA 17070 by handing to ROXANNE LEHMAN 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: Docketing 18.00 Service 16.32 Affidavit .00 Surcharge 10.00 .00 44.32 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 03/07/2007 WELTMAN WEINBERG IS By: ;?77 Zo ' Deputy `She A. D. !0 .'t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. No. 07-1068 CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT ROXANNE M LEHMAN Defendant(s) 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. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7999 W WR#5614441 +?` ;? .s„ A. 45, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 07-1068 CIVIL TERM ROXANNE M LEHMAN Defendant(s) 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: James C. W brodt, squire PA I.D. # 4 5 4 WELTM EINBERG & REIS CO., L.P.A. 1400 Ko p s Building 436 Se Avenue Pittsb , PA 15219 (412) 34-7999 WWR #5614441 Sworn to and subscri e? before me this ?h day art'Ma}, 09 _ N C COYMOMi1t6A1 TH F P NN VAM Nclafw Seel JennMer M. Borowski, Notary Pubft CMy of PMbburgh. AMe"w County COm Won Feb. 22, 20'12 Member, $, oc) P© AT?4 co 48 97 t