HomeMy WebLinkAbout08-2176T
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
VS.
JENNIFER J HAMMAKER
Defendant
No. (A - o2174o Civi t ter"
COMPLAINT IN CIVIL ACTION
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#06436244
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
vs. Civil Action No. OF - Z 176 L -d Te. -
JENNIFER J HAMMAKER
Defendant
COMPLAINT IN CIVIL ACTION 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
CUMBERLAND COUNTY
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
I
COMPLAINT
1. Plaintiff is a corporation with offices at 15000 CAPITAL ONE DRIVE RICHMOND, VA
23238.
2. Defendant, HAMMAKER, is an adult individual with a last known address of 10
CHERISH DR CAMP HILL,PA 17011.
4. Defendant applied for and received a credit card issued by Plaintiff bearing the account
number XXXXXXXXXXXX7274.
5. Defendant made use of said credit card and has a current balance due and owing to
Plaintiff, as of MARCH 19, 2008, in the amount of $ 24,611.24. A true and correct copy of Plaintiff's
Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof.
6. Defendant is in default of the terms of the cardholder Agreement having not made monthly
payments to Plaintiff thereby rendering the entire balance immediately due and payable.
7. Plaintiff is entitled to the addition of interest at the rate of 28.10% per annum on the
unpaid balance from MARCH 19, 2008, 2008.
8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or
refused to pay the principal balance, finance charges or any part thereof to Plaintiff.
WHEREFORE, Plaintiff prays for judgment in its favor and against Defendant, JENNIFER J
HAMMAKER individually, in the amount of $ 24,611.24 with continuing finance charges thereon at the
rate of 28.10% per annum from MARCH 19, 2008 plus costs.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
SHALL BE USED FOR THAT PURPOSE.
WELTMAN, WEINBERG & REIS, CO., L.P.A.
James C. ?Vtnbrodt, Esquire
PA I.
D. 42 4
WELT A , WEINBERG & REIS CO., L.P.A.
1400 op rs Building
436 v th Avenue
Pitt gh, PA 15219
(4 434-7955
WWR#:06436244
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VERIFICATION
CAPITAL ONE BANK (USA), N.A., successor-in-interest to Capital One Bank
vs
HAMMAKER, JENNIFER J
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, TRACY TAYLOR, Authorized Agent, of CAPITAL ONE BANK (USA),
N.A., successor-in-interest to 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.
T.
?YLORR
Notary Public
.i
4802132504167274
A049
WELTMAN, WEINBERG & REIS CO., L.P.A.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-02176 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAPITAL ONE BANK
VS
HAMMAKER JENNIFER J
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
HAMMAKER JENNIFER J the
DEFENDANT at 0014:36 HOURS, on the 10th day of April 2008
at 10 CHERISH DRIVE
CAMP HILL, PA 17011 by handing to
KEVIN HAMMAKER HUSBAND
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 15.00
Affidavit .00
Surcharge 10.00
.00
H??`+?o$- 43
Sworn and Subscibed to
before me this day
of
So Answers:
49 er"
R. Thomas Kline
04/11/2008
SRL
By:
A. D.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
VS.
JENNIFER J HAMMAKER
Defendant
No. 08-2176 CIVIL TERM
PRAECIPE TO SETTLE, DISCONTINUE
AND END WITHOUT PREJUDICE TO REFILE
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
James C. Warmbrodt
PA I.D #42524
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#6436244
r
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
VS. Civil Action No. 08-2176 CIVIL TERM
JENNIFER J HAMMAKER
Defendant
PRAECIPE TO SETTLE DISCONTINUE
AND END WITHOUT PREJUDICE TO REFILE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
SIR:
Kindly settle, discontinue and end without prejudice to refile the above-captioned matter upon the records
of the Court and mark the costs paid.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
James C. W
PA I.D #4
WELT
1400 Ko )e$ Building
436 Se en
(412
SWORN TO AND SUBSCRIBED
before me this J l 2 day
of 008
NOT Y PUBLIC
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
JennHer M. Borowski, Notary Public
City of Pltisburgh, Ailpheny County
My ComrMwioo Expir" Feb. 22, 2012
Member, Pennsylvania Association of Notaries
& REIS CO., L.P.A.
Building
t T Avenue
,, PA 15219
7955
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