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HomeMy WebLinkAbout07-5090 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. JULIE A HARCLERODE Defendant /~ . l 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 05845851 C N Pit KXW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No JULIE A HARCLERODE 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 individuals} residing at the address listed below: JULIE A HARCLERODE 124 ALTOONA AVE ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number 5178052412604478 . 4. Defendant made use of said credit card and has a current balance due of $1162.20 as of March 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 25.9008 per annum on the unpaid balance from March 29, 2007 A copy of Plaintiff's STATMENT 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 JULIE A HARCLERODE INDIVIDUALLY in the amount of $1162.20 with continuing interest thereon at the rate of 25.900 per annum from March 29, 2007 plus costs. James Warmbrodt,42524 WEL WEINBERG & REIS CO., L.P.A. 436 v nth Avenue, Suite 2718 Pitt b gh, PA 15219 (41 34-7955 FAX. 2-338-7130 05 4 51 C N Pit KXW This law firm is a debt collector at~ting to collect this debt for our client and any information obtai will be used for that purpose. (, peoplepcr~ online, ~ Abetter way to Internet. ~ ~ r ~- '' ~r facer ~ •' ~ ~~ Acoslsrstor 9arAsa Asst 92atastAtd-a ttBO rttitat i -868-587-9659 ~ Mention Offer Code: DOLLAR _~ Vfsit www.pt3oplepc.ctxrVgo/ddlar txa I~NLIMITED INTERNET ACCESS FeePIePC Online offers the features you would expect from higher-priced Internet Service Providers, including: Vrus Protection rbwaoa by symtNtteCTM ® Pop-Up BlockerTM `~ Spam Controls ®~ Smarter Smart Dialer Technology ®~ More Email Addresses ,®~ Internet Cali Waiting C~i?.e' Account Prevbue Balance (829.41 Paytaetm, Credits and Adjustmenu 3.00 Trattsactiom (29.00 Fioantx Charges 317.84 PLATINUM MASfERCARD ACCOUNT 5178-0524-1260-4475 NOV 24 -DEC 23, 2005 Page 1 of 1 Payments, Credits std Adjustments Transactions 23 DEC PAST DUE FEE 329.00 New Balance 3876.25 Your request to dose your acmunt has b«n received. Your armwtt will be dosed when it reacbea a 30 balanrs. Minimum Amount Due 3876.25 U~l theq you wtll continue to receive stateme~ and must contimx to make paymenu. All tents and Payment Due Datt January 23, 2006 cottdittons of the account will apply whsle a balance remains. Please remember to ettt ytna ands and rancd aU dtarges which automatially bBl to your account Total Credit Line Tohl Available Credit 3500 3.00 As a valued Capin! One customer, yan are d;gibk to receive a free Yar-End Summery for this Credit Line far Cash 3500 ~c account that reaps your 2005 d>arga, provided your account is in good standing and Available Cred'n for Cash 3.00 you have made traesacrione during the taleadar year. Please all 1-fl77-794-4487 before January 31, 2006, to reserve yota copy for this arcattu. Orders will be mailed out by the end of February 2006. At your stxvice We appredate your business and yon dercra gr~ bene5ts. We'd like yan to know rhu your To all QrtaoQ Rd.fioro or to report a last or aaolm cud: Platinum card btnefits have been updated Fm detailq vidt www.tapitalone.coat/aedius<ds and 1-800-903-3637 dick on the Guide to Benefits link. Thanks for choosing Capin! Ooe. Send lw7"~b ~ Send u,quirin ~: You were aexseed a part due f« of 329.00 on 12!23!2005 betatme yata minimum payment was mt Arm: ~~~ P~"~8 reoeived by the due date of 12123!2005. To avid this fee in the tunas, vrc recotnme~ that you Capital Oae Bank Capin! Oae P.O. Boa 790216 P.O. Bas 30285 St I.atiy MO 63179-0216 SLC, UT 84130-0285 allow at least 7 bumtteas days for ytwr payment to reult Capital One. / / ~ /~ ~~ ~ !//~JL a..~~d.S,d.B' +.~w« Iatportant Account Information .' ~ It's Capiml Orc Bowl w«k time agaia Tune into ESPN ~ j~ ~ and N2 carting on December ~ for the beet in past-seawn college football action to see yata favorite tramc ff~ig11uu for bowl dtampiotnhgx. And on January 2 ~ 1 pm (E'i), be sae to tune into ABC to watch the Capital One Bowl five from Orlaodq Florida! ~1I / ~/Itlilr l al~l/111~t0a 1 1[ l/~6 C 111at10t. ClullglJ ~1W6 JK f60f / 1[ ~~ }ry BSI d 1! AfI1~/~[ ^ '' s ~ ~I~ f QMI .1C ~ b rdt PURCHASES 8788.17 .07096% 8.90% 81G78 e CASH (49.82 .07096th 8.90% 8L06 ANNUAL PERCENTAGE RATE applied tins period 25.9091 • PLEASE RETURN PORTION BELOW WITH PAYMENT ~a 0000000 0 5178052412604478 23 0876250023000876257 New Batsnce 387625 M'taimnm Amount Due 3676.25 Payment Due Date January 23, 2006 Toni earlosed 3 ~~ Acooam Number. 5178-0524-1260-4478 Plraerprinraril~diva,~ r-n.aitr6.gwadmmia(~6r..~i.tlitst sn<et Gry State ZiP Horne Phone Ntanate Phone EnaAaat~, ~ A90358354776379371k MAIL ID N[1MBER Capital One Bank JULIE A HARCLERODE P.O. Box 790216 ~t~u~~~nut~t~u~~s~ c 124 ALTOONA AVE St. Louis, MO 63179-0216 u~i ~ EMOLA PA 17025-2541 m _ ~t~~tnt~~un~~~m~~t~o~~oac~t~aa~~r~~uur~~s~~u~n~t~ Pfrare witsyws aawnt aataberoa yore rbst A t^oa%' order atadr payable to Gfital Oru Baa,E std asst!! is the earlwed eaoalops. r ~, _ , VERIFICATION CAPITAL ONE BANK vs HARCLERODE, JULIE A The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that he/she is, JESSICA FOSTER, Authorized Agent, of CAPTTAL 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. ~, SSICA FOSTER ~:.~_ Notary Public ~F 2 ~.. 9-x€'6 {~ F ~..y~°.. , 5178052412604478 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. n ~ c~ T+r~ 1. 1 ~. 2~• ~µ°.. a ~` ~ ra t:~ •+J C~ N .~- `¢ .~ N ~; O ~~ "(,1-r'1 f~~ ~{ `ti..1. ~ SHERIFF'S RETURN - REGULAR CASE NO: 2007-05090 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS HARCLERODE JULIE A KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HARCLERODE JULIE A the DEFENDANT at 1808:00 HOURS, on the 28th day of August 2007 at 124 ALTOONA AVENUE ENOLA, PA 17025 by handing to 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 14.40 Affidavit .00 Surcharge 10.00 00 4/b4~b7 ~ 42.40 So Answers: ~.~~ - /' R. Thomas Kline 08/29/2007 WELTMAN -------- - - --- - Sworn and Subscibed to By: before me this day of A.D. / ~ 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA -CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. JULIE A HARCLERODE Defendant ~~ No.07-5090 PRAECIPE FOR ENTRY OF NDGMENT BY CONSENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA LD. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05845851 Judgment Amount:$1162.20 IN THE COURT OF~COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. JULIE A HARCLERODE Defendant Civil Action No. 07-5090 PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, JULIE A HARCLERODE, in the amount of $1162.20 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., JULIE A HARCLERODE, ]N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 07-5090 JULIE A HARCLERODE 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, JULIE A HARCLERODE, above- named, in the amount of $1162.20 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 $1162.20 with continuing interest thereon at a rate of 6.0% per annum plus costs from MARCH 29, 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, JULIE A HARCLERODE, in the amount of $1162.20 plus continuing interest thereon at the rate of 6.0% per annum from MARCH 29, 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 9/20/2007; (b) $100.00 due on the 20TH day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. 1 ~ Y ~ 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 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 agee is fmal and complete. 9. Intending to be legally bound, the parties set their hands and seals this ~~ day of , 20~. WELTMAN, WEINBERG & REIS CO., L.P.A. By: ly James arnibrodt, Esquire PA I.D. #4 5 4 WELT 1NBERG & REIS CO., L.P.A. 2718 Ko pers wilding 436 Sev th venue Pittsbur , P 15219 (412) 4 4-7 5 5 No. 05845851 By r-~ G ~ .. f ~-~ ~ , .~ _~ L' .. "~ [~ r.., .~ ~=~. ~ .r .~ ~ tf' ~• ~ ,~ ~ + i • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ' CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 07-5090 JULIE A HARCLERODE Defendant NOTICE OF NDGMENT OR ORDER TO: ( )Plaintiff (xx) Defendant ( )Garnishee . You are hereby notified that the following Order or Judgment was entered against you on 9~~ (~) Assumpsit Judgment in the amount of $1162.20 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 JULIE A HARCLERODE 124 ALTOONA AVE ENOLA,PA 17025 By: PRO ONOTARY (OR DEP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. JULIE A HARCLERODE Defendant No. 07-5090 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C. WARMBRODT PA I . D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05845851 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff ys, Civil Action No. 07-5090 CIVIL TERM JULIE A HARCLERODE Defendant PRAECIPE TO SETTLE. DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR Settle, Discontinue and End the above-captioned matter upon the records of the Court without prejudice to refile and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: Attorney for aintiff 2718 Kop r Building 436 Seve th venue Pittsbur 15219 (412) SWORN TO AND SUBSCRIBED before me this ~ day of , 2008 RY PUBLIC Clt+. r, Pit t ~, A;i,{~h n °"..r~ r ' I „iJr`. r ai~. `, ~Y ~, iJ~_' i _. ~ .,. 851 r" -rte ~' ~° Q ~ ' =T: ~ ~ ~ n ~' r`~~n ' _ .. 1 ~ .° ~ r ~..~. .~ r-~, -~ ~ y „ ~ ~C~ ...• IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. JULIE A HARCLERODE Defendant No. 07-5090-CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt PA I . D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05845851 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 07-5090-CIVIL TERM JULIE A HARCLERODE 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: r James C. ar brodt PA I . D #4 24 WELTM INBERG &REIS CO., L.P.A. 2718 Ko per Building 436 Se ent Avenue Pittsb g PA 15219 (412) -7955 WWR #05845851 Sworn to and subsc '~d~~ before me this day of March, 08 N R BLIC COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jennifer M. Borowski, Notary Public City of Pittsburgh, Allegheny County My Commission Expires Feb. 22, 2012 Member, Pennsylvania Association of Notaries ~ c~ ~ cx~ ~ ~ ~~~ ~~ J ~~. ~ ~~~. W L ~ ~'' "~ ';_? C ~ s, N ~~ ,~:i ~ ~"