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Home My WebLink About08-4205IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA. Plaintiff vs. LISA M SETTA 'y.z? , r:o: e)g - l.IU?C, COMPLAINT IN CIVIL ACTION Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, 'KEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 06741783 C N Pit TSW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BP.I\TK (USA/ N, N. Plaintiff VS. Civil Action No LISA M SETTA 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 I-ifter 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 'T'AKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO CI: TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LE^AL 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 C;)MPLA INT 1. Plaint iff, C API':AL ONE ;3aNc (USA) , N'. iN a corporation with offices at 15,000 CAPITAL ONE RIC MCND , VA 23238 2. Defendant is adult individual (s) residing at the address listed below LISA M: SET'TA 143 PENNSYLVANIA AVE CARLISLE, PA 1701.3 3. Defendant applied for and received. a cr,adi_t card bearing the account ;lumber XXXXXXXXXXXXXXXX6859 . 4. Defendants made use, of ,aid. credit card and has a current balance due of ;,2:70.23 , as of June 06, 2008 5. Defendant- is- in default by failing to make monthly paimer_ts when due.. As s-uch, the entire balance is immedia,'-ely due and payable to Plaintiff. 6. Plaintiff is entitled to the acz.dition of interest at the mate of 27.60096 per annum on the unpaid balance f:r_c:i June 06, 2008 . A cop,, of Plaintiff's SSTTEMEITT is attached hereto, m.-irked as Exhibit 1;' and. made a part hereof. 7. Although repeatedly reque.:ted to do so oy Plaintiff, Defendant has willfully failed and/or refused to pay the .-)glance due to Plaintiff. Wherefore, the Plaintiff prays for judgment in its favor and against Defendant LISA M SETTA , INDIVIDUALLY in the amount of $2570.23 with continuing interest thereon at the rate of 27.600. per annum from June OG, 2008 plus costs. James rmbradt,425?4 VIELTMAN, W INBERG & REPS CO., L . P . A. 436 Sev_nt Avenue, Suite 1400 Pittsb,.rgh PA 15219 (412) x:34- 955 1AX: 12- 3£3-7130 0674 SS3 C N Pit TSVI This law firm is a debt collector attem ri.g to collect this debt for our client and any information obtained ??? 11 be used for that purpose. FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date $2,039 42 - $0 00 + $47 03 + $39 00 = $2,125 45 $725 45 Oct 31, 2007 Sep 07, 2007 - Oct 06, 2007 Page 1 of 1 PLEASE PAY AT L AST THI AMnlil.T Visa Platinum Account Your account is six payments behind If we charge off your account due to late payments, we will report the 4862.3621.7046.6859 charged-off status to several national credit bureaus, and the Purchase APR as reflected on this statement wll be applied to all your outstanding balances Act now to prevent this from happening Please pay the amount due Your Account IrdOnnatl0n on your statement or give us a call at 1 800 955 6600 Well work with you so you can take control of your TOTAL CREDIT LINE $1,40000 account and start rebuilding your credit with Capital One TOTAL AVAILABLE CREDIT $0 00 $ CREDIT LINE FOR CASH $1,4 0 00 `Important Nobce•• Under the terms we previously disclosed to you, your account is now eigible for an increase AVAILABLE CREDIT FOR CASH $0 00 in Annual Percentage Rates (APRs) effective immediately However, Capital One has elected not to raise your APRs at this time Please be advised that if you fail to keep your account in good standing, Capital One reserves the right to raise your APRs in the future Finance Charges lease see reverse for important information) rate Penodx Correspo nding FINANCE to rate APR CHARGE Payments, Credits & Adjustments 9.44 0 07575% D 27 65% $45 89 035 0 07575% D 27 65% $1 14 Transactions RATE applied this period. 27.65% _ 1 01 OCT PAST DUE FEE - $39 Q At Your Service 1.800.903.3637 To call Customer Relations a to report a lost or stolen card ® Sendpaymentsto. Capital One Bank P.0 Box 70964 Charlotte, NC 26272-0664 A Send inquiries to. You were assessed a past due fee bemuse Capital One P 0 Box 30285 Sett Lake City, UT 64130-0285 this fee in the future, we recommend that you your hat least buusinnes business by the due date. To avoid ® your nunimum payment to reach Have a question about a charge on your statement? Capital One Please refer the Billing Rights Summary on the bad of EXHIBIT your statement or visit sit mrw.Gaaporlon mmldi t c. 1 6056 506 1 07 6 071006 PAGE 1 of 1 OlDM6056 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO W W W CAPITALONE COM TO MAKE YOUR PAYMENT ONLINE Gal^•alon1e I what's in your wallet?- New Balance Minimum Payment Due Date $2,125 45 $725 45 Oct 31, 2007 PLEASE PAY AT LEAST THIS AMOUNT 4862362170486859 06 2125450020000725450 Amount Enclosed Capital One Bank P.O. Box 70884 Charlotte, NC 28272-0884 Account Number. 4862-3621-7048-6859 Please print address or phone number changes below using blue or black ink Home Phone Alternate Phone E-mail address @ #9026072750631440# MAIL ID NUM13ER LISA N SETTA 143 PENNSYLVANIA AVE CARLISLE, PA 17013-1141 6741783 Please write your account number on your check or money order made payable to Capital One Bank and mail with this coupon in the endosed envelope VERIFICATION CAPITAL ONE BANK (USA), N.A. vs SETTA, LISA 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, TRACY TAYLOR, Authorized Agent, of CAPITAL ONE BANK (USA), N.A., 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 Y TAYLOR Notary Public 4862362170486859 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. Q 'V rr-- -- W ((?? V t? p ...? i"71 -?'1 ' 1 ? " t t t SHERIFF'S RETURN - REGULAR CASE NO: 2008-04205 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK (USA) N A VS SETTA LISA M TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SETTA LISA M the DEFENDANT , at 0018:01 HOURS, on the 23rd day of July 2008 at 143 PENNSYLVANIA AVENUE CARLISLE, PA 17013 by handing to DINO SETTA HUSBAND OF DEFENDANT 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 5.00 Affidavit .00 Surcharge 10.00 7? s?b ?-• .00 ?/ 3 3 . 0 0 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 07/24/2008 WELTMAN WEINBERG & REIS By: Depxity Sheri A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. LISA M SETTA Defendant No.: 08-4205 CIVIL TERM PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: PATRICK THOMAS WOODMAN, Esquire PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6741783 AMOUNT:2,626.83 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No.: 08-4205 CIVIL TERM LISA M SETTA Defendant PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, LISA M SETTA , in the amount of $2,626.83 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., By: Attorney for Plaintiff LISA M SETTA, By: 6L Defendant WWR#6741783 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. Civil Action No.: 08-4205 CIVIL TERM LISA M SETTA 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, LISA M SETTA , above-named, in the amount of $2,626.83 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 $2,626.83 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, LISA M SETTA , in the amount of $2,626.83 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) $125.00 due by 915!2008; (b) $125.00 due on the 5'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 (USA), NA" The first payment due under this agreement is to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 436 Seventh Avenue, Suite 1400, 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. 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 J day of 3 20 68 WELTMAN, WEINBERG & REIS CO., L.P.A. By: PATRICK THOMAS WOODMAN, Esquire PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 6741783 By: m ° U?7 Defendant, LISA M SETTA Ilk t = F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. Civil Action No.: 08-4205 CIVIL TERM LISA M SETTA Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Ju ment was entered against you on (xx) Assumpsit Judgment in the amount of $2,626.83 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 LISA M SETTA 143 PENNSYLVANIA AVE CARLISLE,PA 17013 By: s - i . PRO H NOTARY (OR DEPUTY ai? WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Benjamin R. Bibler, Esquire I.D. No.93598 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 6741783 NPE CAPITAL ONE BANK (USA),NA VS. LISA M SETTA Attorney for Plaintiff(s) uJ C_ 7: r-'1 r"I Q s N C_ '- Cumberland County -^ Court of Common Pleas ca N C_? ? f r> Fl µS :;0 NO. 08-4205 CIVIL TERM 4 PRAECIPE FOR SATISFACTION OF JUDGMENT TO THE PROTHONOTARY: Please kindly Satisfy the Judgment of the above-captioned matter upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By in R. Bibler, Esquire v for Plaintiff Sworn to and re th? ay of January, 2011 / G M N F P NSYLVANiA NOMM Sam Wendy L. G ault, Notary Public City of PRtsbufyh, Allephany county ARY PUBLIC I MY ? FwPheB 1.&,15, m4 ' Member. Pennsylvania Assodanon of Notaries ?$,oa Ya a111S a"`? s?c,AOMC) hem asytS3