HomeMy WebLinkAbout08-2988
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff No: o8- An 3vil ? l°Ph
VS.
COMPLAINT IN CIVIL ACTION
APRIL D SMITH
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 1400
Pittsburgh, PA 15219
(412) 434-7955
FAX: 412-338-7130
06508610 C N Pit SMI
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
VS. Civil Action No
APRIL D SMITH
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
s
COMPLAINT
1. Plaintiff, CAPITAL ONE BANK (USA),NA is a corporation with offices
at 15000 CAPITAL ONE DRIVE RICHMOND , VA 23238 .
2. Defendant is adult individual(s) residing at the address listed
below:
APRIL D SMITH
455 CROSSROAD SCHOOL RD
COLEBROOK, PA 17015
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXXXXXX8125 .
4. Defendant made use of said credit card and has a current balance
due of $8157.90 , as of April 11, 2008 .
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
19.9001 per annum on the unpaid balance from April 11, 2008 . A copy
of Plaintiff's STATEMENT is attached hereto, marked as Exhibit '1111 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 , APRIL D SMITH , INDIVIDUALLY , in the amount of
$8157.90 with continuing interest thereon at the rate of 19.900% per
annum from April 11, 2008 plus costs.
James C.; rmbrodt,42524
WELTMAN; W INBERG & REIS CO., L.P.A.
436 Sev nt Avenue, Suite 1400
Pittsb gh, PA 15219
(412) 34- 955
FAX: 12- 38-7130
0650 610 C N Pit SMI
This law firm is a debt collector attem t' g to collect this debt for
our client and any information obtaine ill be used for that purpose.
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VERIFICATION
CAPITAL ONE BANK (USA), N.A., successor-in-interest to Capital One Bank
vs
SMITH, APRIL D
The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom
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.
_1?
TRACY TA
JAMELA SINGLUARY
NOTARY PUBL Q
GFORGIA, DEKALS COUNTY
k4Y CtJItWSSION EXPIRES NOV 4, 2011
4862362541448125
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WELTMAN, WEINBERG & REIS CO., L.P.A.
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C..a
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-02988 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAPITAL ONE BANK USA NA
VS
SMITH APRIL D
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
OTBTMU TnDTT. n the
DEFENDANT , at 1642:00 HOURS, on the 16th day of May , 2008
at 455 CROSSROAD SCHOOL RD
CARLISLE, PA 17015
JESSICA DODSON
by handing to
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:
Docketing 18.00
Service 10.00
Affidavit .00
Surcharge 10.00
.00
6/?2 a?oP T 3 8. 0 0
Sworn and Subscibed to
before me this day
of
So Answers:
R. Thomas Kline
05/19/2008
By: "
/,/
WELTMAN WEINBERG REIS
ty
A. D.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA), NA
Plaintiff
VS.
APRIL D SMITH
Defendant
No.08-2988-CIVIL TERM
PRAECIPE FOR ENTRY OF JUDGMENT
BY CONSENT
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Benjamin R. Bibler
PA I.D. #93598
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#6508610
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA), NA
Plaintiff
vs.
Civil Action No. 08-2988-CIVIL TERM
APRIL D SMITH
Defendant
PRAECII'E FOR JUDGMENT BY CONSENT
TO THE PROTHONOTARY:
Kindly enter Judgment against Defendant, APRIL D SMITH, in the amount of $5996.21 plus costs, based upon
the consent of the parties.
CONSENTED TO:
WELTMAN, WEINBERG & REIS CO., L.P.A.,
By:
Atto ey r in
APRIL D SMITH,
By:
Defendant
WWR#6508610
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA), NA
Plaintiff
VS. Civil Action No. 08-2988-CIVIL TERM
APRIL D SMITH
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, APRIL D SMITH, above-named, in the
amount of $5996.21 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 $5996.21 with continuing
interest thereon at a rate of 6% per annum plus costs from date of judgment.
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, APRIL D SMITH, in the amount of $5996.21 plus
continuing interest thereon at the rate of 6% per annum from date of judgment 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) $255.00 due by JUNE 20TH, 2008;
(b) $255.00 due on the 20TH 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 (USA), NA"
5. All payments due under this agreement are to be received at the offices of Weltman, Weinberg & Reis,
Co., L.P.A., P.O. BOX 5430, Cleveland, OH 44101-0430.
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 _day of ,
20
WELTMAN, WEINBERG & REISj(20j L.P.A.
By:
Be j in . Bibler
PA I.D. 598
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR No. 6508610
By -?
e endant, APRIL D SMITH
r-?
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Y
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA), NA
Plaintiff
VS. Civil Action No. 08-2988-CIVIL TERM
APRIL D SMITH
Defendant
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the following
Order or Ju gment was entered against you
on
(xx) Assumpsit Judgment in the amount
of $5996.21 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
APRIL D SMITH
455 CROSSROAD SCHOOL ROAD
COLEBROOK, PA 17015
Prothonotary
By:
PR ONOT UTY)
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,F : HE 'ttilyl
esty
2010 AN 28 °M 12: 47
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI.
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
vs.
APRIL D SMITH
Defendant(s)
No. 08-2988-CIVIL TERM
PRAECIPE FOR SATISFACTION OF
JUDGMENT `
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Lyndsay E Rowland, Esquire
PA I.D. # 205520
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR46508610 CFR
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
vs. Civil Action No. 08-2988-CIVIL TERM
APRIL D SMITH
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.
WELTMAY, WNEINBERG & REIS CO., L.P.A.
By: 'K f
.
Lyndsa E wl , s uire
PA I.D. # 2 520
WELTMA , WEINBERG & REIS CO., L.P.A.
1400 Kopp Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR #6508610
Sworn to and subs ri ed
before me this
day ofd
NOTA Y PUB IC
COMMONWEALTH OF PENNSYLVANIA
Notadel Seal
Wendy L. Gault, Notary Public
City of Pitbburgh, Allegheny County
Commlaebn rea Jul 18, 2010
Member, enna nla Aafodatlon of