HomeMy WebLinkAbout08-3088l
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff No: 0';V('
VS.
COMPLAINT IN CIVIL ACTION
FRANK J SIENKIEWICZ
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
06540329 C N Pit ABR
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
VS. Civil Action No
FRANK J SIENKIEWICZ
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 (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:
FRANK J SIENKIEWICZ
130 E COLUMBIA RD
ENOLA, PA 17025
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXXXXXX4348
4. Defendant made use of said credit card and has a current balance
due of $1180.59 , as of April 09, 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
28.1001 per annum on the unpaid balance from April 09, 2008 . 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 , FRANK J SIENKIEWICZ , INDIVIDUALLY , in the amount
of $1180.59 with continuing interest thereon at the rate of 28.1001
per annum from April 09, 2008 plus costs.
Ap?
James rmbrodt,42524
WEL INBERG & REIS CO., L.P.A.
436 S ven h Avenue, Suite 1400
Pitt bur PA 15219
(41 4 -7955
FAX. 4 -338-7130
06 40 9 C N Pit ABR
This law firm is a debt collector attting to collect this debt for
our client and any information obtained will be used for that purpose.
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VERIFICATION
CAPITAL ONE BANK (USA), N.A., successor-in-interest to Capital One Bank
vs
SIENKIEWICZ, FRANK J
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, 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.
TRACY TAYLOR
No
JAMELA SINGLETARY
NOTARY PUBLIC
GEORGIA, DEKALB COUNTY
MY COMMISSION EXPIRES NOV 4, 2011
5178052612584348
A049
WELTMAN, WEINBERG & REIS CO., L.P.A.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-03088 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAPITAL ONE BANK USA NA
VS
SIENKIEWICZ FRANK J
SHAWN HARRISON
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
SIENKIEWICZ FRANK J
the
DEFENDANT , at 1049:00 HOURS, on the 17th day of May 2008
at 130 E COLUMBIA RD
ENOLA, PA 17025 by handing to
FRANK SIENKIEWICZ
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
Service
Affidavit
Surcharge
bl.7 Z/49
18.00
15.00
.00
10.00
.00
V 43.00
So Answers:
Sworn and Subscibed to
before me this day
of
r4 Y
-.a Fr. c
R. Thomas Kline A
05/19/2008
WELTMAN WEINB 7 REI
By:
Depu Sheri f
A.D. ,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA), NA
Plaintiff
vs.
FRANK J SIENKIEWICZ
Defendant
No.08-3088-CIVIL TERM
PRAECIPE FOR ENTRY OF JUDGMENT
BY CONSENT
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#6540329
$1198.33
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA), NA
Plaintiff
vs. Civil Action No. 08-3088-CIVIL TERM
FRANK J SIENKIEWICZ
Defendant
PRAECIPE FOR JUDGMENT BY CONSENT
TO THE PROTHONOTARY:
Kindly enter Judgment against Defendant, FRANK J SIENKIEWICZ, in the amount of $1198.33 plus costs,
based upon the consent of the parties.
CONSENTED TO:
WELTMAN, WEINBERG & REIS CO., L.P.A., FRANK J SIENKIEWICZ,
By:
Attorney for Plainti Defen
WWR#6540329
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA), NA
Plaintiff
VS. Civil Action No. 08-3088-CIVIL TERM
FRANK J SIENKIEWICZ
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, FRANK J SIENKIEWICZ, above-
named, in the amount of $1198.33 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 $1198.33 with continuing
interest thereon at a rate of 6.0% 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, FRANK J SIENKIEWICZ, in the amount of $1198.33 plus
continuing interest thereon at the rate of 6.0% per annum from date of judgment 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 N ON on the following dates:
)
(a) $125.00 due b 44MO
(b) $125.00 due on the 10'h 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"
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 ` 4ay of
20
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: XIV
James . Warmbrodt, Esquire
PA I.D. # 25 4
WELT N, INBERG & REIS CO., L.P.A.
1400 ppers Building
436 S venth venue
Pitts gh, A 15219
412) 4-7955
W No.6540329
By: ". ?.
Defen ant, MAM J SI EWICZ
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA), NA
Plaintiff
VS. Civil Action No. 08-3088-CIVIL TERM
FRANK J SIENKIEWICZ
Defendant
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the following
Order or Jud ent was entered against you
on
(xx) Assumpsit Judgment in the amount
of $1198.33 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
FRANK J SIENKIEWICZ
130 E COLUMBIA RD
ENOLA, PA 17025
By:
EPUTY)
PRO ONO -R 7,
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