HomeMy WebLinkAbout08-4016IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
VS.
DARLENE M JUMPER
AKA DARLENE JUMPER
Defendant
No : Ll G"4 1 "? cCNI
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 1400
Pittsburgh, PA 15219
(412) 434-7955
FAX: 412-338-7130
06568765 C N Pit SMI
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 , DARLENE M JUMPER , INDIVIDUALLY , in the amount of
$1782.19 with continuing interest thereon at te rate of 28.990% per
Ii
annum from May 22, 2008 plus costs.
James Warmhrrodt,42524
WELT WEINBERG & REIS CO., L.P.A.
436 S enth Avenue, Suite 1400
Pitt b rgh, PA 15219
(41 ) 34-7955
F 12-338-7130
06 68 65 C N Pit SMI
This law firm is a debt collector attting to collect this debt for
our client and any information obtain will be used for that purpose.
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PLATINUM MASTERCARD ACCOUNT
5291-0716-3737-9338
JUN 04 - JUL 03,200-6
Page 1 of 1
Account Summary Payments, Credits and Adjustments
Previous Balanm $1,536.61
Payments, Credits and Adjustments X00 Transactions
Transactions C
Financ Charges $35'04
137.04 1 03 JUL PAST DUE FEE $35.00
New Balance $1,608.65 You were messed a Pau due fee of $35.00 on 07/03/2006 because your minimum payment was not
Minimum Amount Due $1,608.65 received by the due date of 07/03/2006. To avid this fee in the fume, we recommend that you
Payment Due Date August 03, 2006 allow at least 7 business days for your payment to reach Capital One.
Total Credit Line $800
Total Available Credit $.00
Credit Line for Cash $900
Available Credit for Cash $.00
At your service
To all Customer Re xdt w to report a lest or stolen card:
1-800-903-3637
For free cruet twmnt aetvue and apedal mstoraee effms, log on to:
www rapitdone.com
Smd parvenu to Send iagnirsn t.
Attn: Ranmanoe Proeeaing
Capita One Bank Capiw oft
P.O. Box 7%n6 P.O. Box 30285
St Louis, MO 63179-0216 SLC, UT 84130-0285
Important Account Information
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m
7
Finance Charges e w revertetiAe * impwaw titA?/a tm?latan
Bslerrrarr Perie& ? ME
ePftldto rsk 1:17AK
PURCHASES $1,554.43 .0794AP 2899% $37.04
CASH $.00 .07942%P 2899% $.00
ANNUAL PERCENTAGE RATE applied this Period 28.99%
T PLEASE RETURN PORTION BELOW WITH PAYMENT
: oft
ap ow 0000000 0 5291071637379338 03 1608650020001608658
Pkmeprdd-riag.W- e-uwiraa q. kekw-Vuro.u.k ink
New Balance $1,608.65
Minimum Amount Due $1,608.65 s eet Apt 4
Payment Due Due August 03, 2006
Cary Smn ZIP
Total enclosed $ 1 :1 Home phone Alwe Phone
Account Number. 5291-0716-3737-9338 a
EmaSAddces
#9018562612295238# MAIL ID NUMBER
DARLENE M JUMPER r
Capital One Bank
P.O. Box 790216 650 CONODOGQUINET AVE
m CARLISLE PA 17013-8971
St. Louis, MO 63179-0216 ° asae>?
1111 1111 nsrI rrrsurI II III I ?uurrn?u1r1
PA%w waste yo acw at Namba onyx Jwl m money order madepayable to C#Oal0WBmik and mail iN theexdaed errodape.
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'to. Grew Fortiori You will hne a mHman grace period of
26 days rd r is arrnce er on row puolaase, -
beuhcs trades, raw sped pudreee and row od-
civinism Ii Pay your tow assaini 1.
a id In d titno for I k to he credited Notke for pafor payrrwu
and In ne focredited by your Thad sramnrent
fe,r
rid pipe W tr b In amtlonI d?iere is gre?oempetlod
on any trarectlon If you do not pay the mml 'New
bWrm.'
b. Aeanalnr Fihstss (7rys. Traraactlor With are not
=L den of imagers .=_2 Tram. =)
transaction h proosamed to your Account erato d3) from the
Ast calendar day of ri cumk bli plebe Additionally,
If you dM not pay the -New Balance from the previous
bip period h fu, Ara,ce Hurries cefehr! m accrue to
und! rsy aridr . a arm eris id in rs : wri rt
TN. n that you mn
you pay the eldm rbw Bala,hce htlcated on the front of
your nawtxe by the mi sucanea hrI ' dam, but did
not do se for the previous ammi Ur"M Amos danges
re added m th. ?r?b esgtam of your Accors.
tc. Mirase Fit- Orge. :"*= idNp period tlut
vo r account Is sbject to dram, • miri t
rrea `ursfroflanriMimiW k.. d cram!?soW t o dfbfebh.aa,rA,nhe
bua m ihimm a ondac duns. url to do a ed neptra of your account.
t d Thr to to notpleased- ed asepleased- - any y or fir as m finance sfinance rg drapey. rm reserve the
dy nos for any ova,
being period covered by pHs 100"a read, we take The
b
tre subtract ed bdanoe a eaehaemigniient esdh day, aldpdtlaia?annysnnesw
the code N on tM
statement roe Balance Rah Applied T? o also
subtract any upaitl trance duq)e Included in to bstahee
of each s .1 This ghsa r the ddY balsas o/ eedh
crag t. T
for hen,p uq ally did y Dalarhow? calm
number of days In The period Tib glues u the
,.eryp dry bid- m each megwm.
3. Armed va+saga Pb. rIAP1lA
a. Ths tam 'Aonhrl Polmnrage Rats' may appear as
APR' on ri from M 1Hs st WTL
i If the code P Q+rime). L 13-mo. LIBOR), C Mordecai of
rIof
Depo rm a S (BarivArd Pins) appears on the front
Iwo nnemwertnr senpexorthdmnhgri pedode ratow, to pptl
RATES
False and d AWAAL PERCENTAGE c
fray vary ,frftaM may maps or demwse based
on the sated Indoor, as foul an The War Straer
JbazW, plea to maryh proMady dbdosad m you
Ttrw tlhrpw vA he w an the flat day of you
hiRp period cowed by V. pedodc aaeman ending
ctober.
h ri martin Jrarry, *0
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UBOR Repriced Moral" the from sutenart next to The atebI ri pr'-
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wry moWey annddrwincrease or daaaame based on the
started hdcers, as feed in The Wadi Surat Ja=41
the m igih pavfady disclosed to you. These vii he etncaw on The ant dint of van biim aelod
4. A.Mwmt of Lab, Ovaget and Reen W Payrnrt Few.
Your account win be assessed nc moro thn two of the few
listed hero Ow oocrr ou,nn ary bnahg peead. under the
temm Of Your customer g ma , we remew the di m
vwiw or not to asaw row bco vadhakrt alor iicstlon to
vhhnut vwlving ore riglmt to eaaese dr acne or .radar
at • leer One.
&JR-imili You Account IF ... bendip for
appears ah the frail of this staemem, you hove 30
days from the dins aim sstrmm was mNed to you to
avoid paying the fare or to law audit fee cmdted to you
if you caned you accent. Drip this period, you may
cult! e m caw your account without hevip m pay the
memberdip Ise. To CJIICBI you aeeard, you m
notify us by caahg our Cmtaner Relrtlae Depnan
ament
and pay y?u New 8alai in full (excl d,p ri
menhbsrasp fee) prior to to and of the thirty-dry period.
awe
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rr ace tvA by crtrp our
Uepamad. You must deamy Y,sO cratlt w1d1s) and
account access docks, cancel a pmmg hodzed being,
. your aeopmt. If you do not cancel
and comm udr
preaWhalzed bnip annparenu, we wine consiydeerr
ao?cou t. Adddarlly,yyaw account We not be dosed
we you Pay all amorous you owe us I I I n: any
trareadae You hr autlodied, Aha ce eha es, pea
due rip, owtlntit fame, returned privni fees, cash
advance few aid any oast fees assmnd to your
steam. You ere MOP" is for sere anctnm wader
doeo unutorheym at kraured abagi m ow dnm you rmWam to
dae
the you sgcoen m dose the astern. THa ,nay resit in
surges appeadmg on your accent afla you hove
y.mr scour if k hr dfee* been doeea her eumnpm,
if you aaiodzed • putlms from • mmetrm ad we
mceiw the be semi from di read -9 aka your
accent Iw been doasd, yar aowtru wN he reopahed
the amour 4 the hr? be added to You account,
and you vat be fa payment. H team Is a
m ckN?ppdfaf efmscocurri the ri we ucontinue m8 the
sooouk balance hw been in M as dMhed above.
2d, card a ccent canna be
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precep the ?? as a check uwwocdel. What we
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rud rrarwW, lends may be wMndrawn from you bank
account as moon as the mane day we ,xdveyar
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your financed
BIWNG RIQi SUMMARY
(h Caw Of Erma Or Quwdar About Your BBD
B you tf** your bN Y wmp, or If you need more
Mfamat- on a traowdm a bill, wdm to u on a
aeparare drat w moon p possible a the add- for
hhmdrlee darn an ri from at No statement. We must
Iran from you nc lacer than e0 days Non ws male you
the
ion hN on vlidh ri anal a Prieblen appeared. Yw vh
sell our Qrtoma( Rdatlom nrriber, but dung re wU not
fenovlrhg
prpave, Your dyda. In our easr, give u the
hhIts sure your rune and account number, ri dollar
snare of the suspected error, a description of ri enor
and an a plaMllal, N possible, awAv you believe there is
an error; or if You nwd more Information, a description of
ri hem you ore vrmmaa abort. You do not teve to pay any
anortt h lade mar are h, but you
In ni m peal ri parr Of yon riot are nor
n you . vve h vaom yea wwdm. we earn quesid:
fep- orl you p estion. a halos airy emir to coNsGt the
anent you mueslorh.
i,t Specal Ikb For Crack Card Pudmw
If you have a problem wit to quality of property a
live Maned ih You nilh m earoet p,elian With the
mm yonmay has ri agd not to pay he remaining
the papetty or saviors. You hove Wa
protection only wean tpr pudwepks was trore Mhrh
$60.00 and ri pumwe was rode ih your hams due or
vaieih 100 ntMs of yam tWN addasa M we own or
operante to advardmmM mafroherik,pamifaty we malled a aeMaa, N pkntlrwea
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Rease mtatber m sign N oormapadeoe.
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t epporu ?ttce?k?deahmntri n giWry Protection: see our
apital
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t md =V26.
let Co4ordat All 11"
Aver* DNy Ntlaltsa fireI I No. I Ladrawl.
a. Fiume do," Is calculated by tmadplyi to Nfy,
(advane Wa ras, spend trader, ad special pure came)
by the mnwpe dne dally prattle mte(W tlrt hers been
pnevfoely direlased m you Al thr end of each d. drip
the Ihnrp oabd, we apply the Ihsaotlc ran talon writ
aallma,e of en seeoak m ftr Wars of we ad
trdae to and daily ra tioOar m ? your
the me Mftr
we si
each
rerla frmn wdh aeorrak a lea rite taut pt Acri
Area dhanps for your ameat. To get ris, balance
fa each si - of your account, von taken the
bslaflpe fa each mevrrat and add new trrradkna
acre any fnrer dr tm caleui aed an the Ihreviar
dsys for thou asIII We Then abtraa aW
prYmnm a mode posted as of the dry that am Nooma
m the eaO re, t Ti Owe m the reforms dry balance
Isdahmf04n"antva ash Y=c, .`pOe?Bfam;mm n ?rpdto'?
If yea mar bdarce map zoo or a aadt anoan), row
traradfor whkh past to your pudms or spectra
purdsirs, ul ss Pam not ? m? ,gyp Nbd. We do di
6dnc?ae togetlrr a,d dvfdlp the sun by tit mbar of
to days h tit m+rerr 6§kp cycle. To ealcrrisse ,r tad
Areadrgs, " Yru &wmW dry:=cYaby tit
m cr eip enaa ? of than m y do bWq be a
enyn Wdw m between tuft calculation and the arrant of
Arne
i If the .27.== tram of IN. sW%_n
nod m 'eaaance Ram A-DW To,- we rnua iy fit
Yrpeten Ilsdom Payments you mN m us wall be credited to you accent as of The business day we recelw k provided (1) you sad to better patlon of tlis summon and your deck
n the enclosed mdtta ce anvdape ad (2) your psyman is mwiwtl n w ant by 3 p.m. ET (12 moan Pr). Please allow a Mm tw (6) business days for p=W delivery.
Paymars relived by u at any Won ioeatiarh or in any oga blur mry rot M eatlteE w as of the may, we modus Tram. Our business dare +re 6$amr tl.pWr smrd. , sxdudnf ri•
PNps G nor us atapNs paper dpi prepartp par payment When you send a a deckW, you Modze us m robe a me tkw eNmm transfer GNt mr yo r belie
?c t 04 111,11, mr ? dock muatlmri+ppw ms a paper an cinder aeW k?emp tho bNkp cycle oven if mart by son eat star. If we camp pawn the transfer, you audodz.
VERIFICATION
CAPITAL ONE BANK (USA), N.A., successor-in-interest to Capital One Bank
vs
JUMPER, DARLENE M
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, DUDLEY TURNER, 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.
Uvonda S. Brooks
Notary Public
Douglas County, Georgia
My Commission Expires
tary Public February 29, 2012
5291071637379338
A049
WELTMAN, WEINBERG & REIS CO., L.P.A.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-04016 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAPTITAL ONE BANK (USA) NA
VS
JUMPER DARLENE M ET AL
DENNIS FRY
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
JUMPER DARLENE M
DEFENDANT
the
at 0009:30 HOURS, on the 12th day of July , 2008
at 650 CONODOGQUINET AVE
CARLISLE, PA 17013 by handing to
DARLENE M JUMPER AKA DARLENE JUMPER, DEFENDANT
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
Service
Affidavit
Surcharge
L;L
18.00
5.00
.00
10.00
nn
? .3.5. VV
Sworn and Subscibed to
before me this day
of
So Answers:
r-r- ??? .
R. Thomas Kline
07/14/2008
WELTMAN, WEINBERG & REIS
By:
Derputy Sher'
A.D.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA), NA
Plaintiff
vs.
DARLENE M JUMPER
AKA DARLENE JUMPER
Defendant
No.08-4016-CIVIL TERM
PRAECIPE FOR ENTRY OF JUDGMENT
BY CONSENT
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Matthew D. Urban
WELTMEN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
FAX: 412-338-7130
WWR#6568765
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA), NA
Plaintiff
vs.
Civil Action No. 08-4016-CIVIL TERM
DARLENE M JUMPER
AKA DARLENE JUMPER
Defendant
PRAECIPE FOR JUDGMENT BY CONSENT
TO THE PROTHONOTARY:
Kindly enter Judgment against Defendant, DARLENE M JUMPER, in the amount of $1,779.77 plus costs, based
upon the consent of the parties.
CONSENTED TO:
WELTMAN, WEINBERG & REIS CO., L.P.A.,
AKA DARLENE JUMPER,
By:
Attorney fof Plaintiff
DARLENE M JUMPER
By: 0a.+c 44":z. 1'Yl , Q 2?t>
Defendant
WWR#6568765
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA), NA
Plaintiff
vs. Civil Action No. 08-4016-CIVIL TERM
DARLENE M JUMPER
AKA DARLENE JUMPER
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, DARLENE M JUMPER, above-named,
in the amount of $1,779.77 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by
Consent, as follows:
Defendant admits indebtedness to Plaintiff in the amount of $1,779.77 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, DARLENE M JUMPER, in the amount of $1,779.77 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) $75.00 due by August 25th, 2008;
(b) $75.00 due on the 25th 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."
All payments due under this agreement are to be received at the offices of Weltman, Weinberg & Reis,
Co., L.P.A., 1400 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA 15219. All future payments are to be
mailed to the offices of Weltman, Weinberg & Reis, Co., 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. 010
1W ?
tt
9. Intending to be legally bound, the parties set their hands and seals thi _day of v J,
20_
WELT N, WEINBERG & REIS CO., L.P.A.
By
Matthew D. Urban
WELTMEN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
FAX: 412-338-7130
WWR No. 6568765
Defendant, DARLENE M JLTfAPER
00 }
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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. 08-4016-CIVIL TERM
DARLENE M JUMPER
AKA DARLENE JUMPER
Defendant
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the following
Order or Jud ment was entered against you
on 102
(xx) Assumpsit Judgment in the amount
of $1,779.77 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
DARLENE M JUMPER
650 CONODOGQUINET AVE
CARLISLE, PA 17013
ByAHONOTAR PR UTY)
FILED-OFFICE
OF THE PROTHONOTARY
1010 DEC -3 PM 3.- 42
CUMBERLAND COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
vs.
DARLENE M JUMPER
Defendant(s)
No. 08-4016-CIVIL TERM
PRAECIPE FOR SATISFACTION OF
JUDGMENT
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Benjamin R Bibler, Esquire
PA I.D. 493598
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#6568765 NPE
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9
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK (USA),NA
Plaintiff
VS. Civil Action No. 08-4016-CIVIL TERM
DARLENE M JUMPER
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.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: C
Benjamin R i e s wire
PA I.D. # 935 8
WELTMAN, E BERG & REIS CO., L.P.A.
1400 Kopper B ding
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR #6568765
Sworn to and subscribed
before me this _ '
day of November, 10
N9TARY
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Wayne A. Jones, Notary Pub0c
City of Pittsburgh, Allegheny County
MY Commission Expires June 29, 2014
Member. Penncfi+inla Aecataatian of Notaries