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Home My WebLink About07-3815 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK nPlaintiff No: 07 " 3F? vs WILLIAM H BURDICK Defendant 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 05950945 C A Pit BNT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. WILLIAM H BURDICK Defendant Civil Action No 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: WILLIAM H BURDICK 197 BIG SPRING TE NEWVILLE, PA 17241 3. Defendant applied for and received a credit card bearing the account number 4305722131288402 . 4. Defendant made use of said credit card and has a current balance due of $1818.44 , as of May 24, 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 24.990% per annum on the unpaid balance from May 24, 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 , WILLIAM H BURDICK , INDIVIDUALLY , in the amount of $1818.44 with continuing interest thereon at the rate of 24.990% per annum from May 24, 2007 plus costs. James C. W rodt,42524 WELTMAN WE NBERG & REIS CO., L.P.A. 436 Sev nth Avenue, Suite 2718 Pittsb rgh, PA 15219 (412) 34- 955 FAX: 12- 38-7130 05950 45 C A Pit BNT This law firm is a debt collector attem i g to collect this debt for our client and any information obtained ll be used for that purpose. I/ Capitalone" First 3 months half-price 4 7* a SIGN UP TODAYI ' 1-877-7784207 Mention Offer Code: JADE Or visit www.peoplepc.com/go/lade Account Summary Previous Balance $1,025.60 Payments, Credits and Adjustments $.00 Transactions $35.00 Finance Charges $22.00 New Balance $1,082.60 Minimum Amount Due $1,082.60 Payment Due Date September 13, 2004 Total Credit Line $600 Total Available Credit $.00 Credit Line for Cash $600 Available Credit for Cash $.00 At your service To call Custom- Rdadons or to report a lost or Aolen oud: 1-SW-903-3637 For free online account service and special outomer offer, log on to: wwsv.caPitalooe.rnm Send Payments to: Send inquiries to. Attn: Remittance Processing Capital One Services Capital One S-woes P.O. B. $5147 P.O. B. 85015 Richmond, VA 23276 Riehmond, VA 23285-5015 EXHIOR M) F-manse Charges ta n Pleme see rea a ridefor important informa aat dr Per CarrssDosJed r p Er e n guplirdro u> +ete APR 4x1. n PURCHASES $574.63 .06847%P 24.99% $12.20 iD CASH $461.57 .06847%P 24.99% 59.80 ANNUAL PERCENTAGE RATE applied this period 24.99% PLEASE RETURN PORTION BELOW W1TH PAYMENT CalpffaloW 0000000 0 4305722131288402 13 1082600050001082601 New Balance $1,082.60 Minimum Amount Due $1,082.60 Payment Due Date September 13, 2004 Total enclosed $ Account Number: 4305-7221-3128-8402 Capital One Bank P.O. Box 85147 1111111111111111111111 Richmond, VA 23276 11111111111,1111111111111111111111I111111111111111111111111111 PLATINUM VISA ACCOUNT 4305-7221-3128-8402 JUL 14 - AUG 13, 2004 Page 1 of 1 Payments C find Adjustments Transactions 1 13 AUG PAST DUE FEE $35.00 You were assessed a past due fee of 535.00 on 08/1312004 because your minimum payment was not received by the due date of 08/13/2004. To avoid this fee in the future, we recommend that you allow at least 7 business days for your payment to reach Capital One. Pleat pint-dntg &AA- and/or r-mail thug-below-g blue-ilark ink Street Ape A Cry Sou ZIP Home Phone Al- Phone #9022782996328165# MAIL ID NUMBER WILLIAM H BURDICK s 197 BIG SPRING TER NEWVILLE PA 17241-9115 11111111111111111111111111111111111111111111111111111111111111 003 peoplepc- online u A better way to Internet. PeopiePC Online offers the features you would expect from higher-priced Internet Service Providers at half price for the first 3 months! ® Email Virus Protection Pop-Up Ellocker"m Spam Controls Smart Dialer Phisher Security Internet Call Waiting F Plea a torite your a nt number on your rb-k or money order made payable to Capital One Bank and mail in the enclosed emaelope 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 1'1 (NAME) of On fn i Ch)e aw-Lplaintiff herein, that (TITLE) (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. TUBE) WWR# ?dk W n r.? O C -ri ?k I- C= zc , N -rte Y _ C17 Cud G.3 y C` t cl ?f co . . i C-n OV-) SHERIFF'S RETURN - REGULAR CASE NO: 2007-03815 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS BURDICK WILLIAM H RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BURDICK WILLIAM H the DEFENDANT , at 1600:00 HOURS, on the 28th day of June , 2007 at 197 BIG SPRING TERRACE NEWVILLE, PA 17241 by handing to WILLIAM H BURDICK a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.52 Affidavit .00 Surcharge 10.00 .00 T?o q16,7 ? 39.52 Sworn and Subscibed to before me this day of , So Answers: s R. Thomas Kline 06/29/2007 WELTMAN WEINBERG REIS By: Deputy Sheriff A. D. R r, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. WILLIAM H BURDICK Defendant No.07-3815-CIVIL TERM PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT 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 WWR#05950945 ?` y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 07-3815-CIVIL TERM WILLIAM H BURDICK Defendant PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, WILLIAM H BURDICK, in the amount of $1,818.44 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., By: w.; /44w"G(X;?esrwo?-- Attorney for Plaintiff WILLIAM H BURDICK, Defendant WWR#05950945 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 07-3815-CIVIL TERM WILLIAM H BURDICK 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, WILLIAM H BURDICK, above- named, in the amount of $1,818.44 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 $1,818.44 with continuing interest thereon at a rate of 6.00% per annum plus costs from May 24, 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, WILLIAM H BURDICK, in the amount of $1,818.44 plus continuing interest thereon at the rate of 6.00% per annum from May 24, 2007 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) $100.00 due by 7/15/07; (b) $100.00 due on the 15th day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. ?. } '.. ? .. i.. . 1 .. ..i , . M 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. 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 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 uday of AMAr. , 20 O'3 WELTMAN, WEINBERG & REIS CO., L.P.A. By: Patrick Thomas Woodman, Esquire PA I.D. #34501 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 WWR No. 05950945 Defendant, WILLIAM H BURDICK C°s r '``' a "? ..?.? 1- ?, ??yye .'7'+ ? ???y. I ? ? y `T l y(? , -- s [ s V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 07-3815-CIVIL TERM WILLIAM H BURDICK Defendant WILLIAM H BURDICK 197 BIG SPRING TER NEWVILLE,PA 17241 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 (xx) Assumpsit Judgment in the amount of $1,818.44 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 NOTARY (OR DEP ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. WILLIAM H BURDICK Defendant No. 07-3815-CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT 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) 434-7955 WWR#05950945 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 07-3815-CIVIL TERM WILLIAM H BURDICK 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: James C W rodt, Esquire PA. I. D.#42 24 WELTMA , W INBERG & REIS CO., L.P.A. 1400 Ko er Building 436 Sev Avenue Pittsbur , PA 15219 (412) 434-7955 WWR #05950945 Sworn to and sub ibed before me this. - day,o; March, 09 PUBL COMMO EALT?H OF E YLVAN11% ?Nota" see! HW J. KPAY, NOWY Pubic don E)VW Nov. 4, 2008 wlMnber, Ps?u° Aso^ of Notarks N lick \`v )f tea ; ??i 110 c