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Home My WebLink About08-4496IN THE COURT OF COMMON PLEAS OF CUMBERLAND CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. No. of-'l y #b , PENNSYLVANIA ?i? 1 -Rft COMPLAINT IN CIVIL CINDY L NOBLE Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD THIS PARTY: JAMES C WARMBRODT PA I.D. #42524 WELTMAN, WEINBERG 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06742276 Esquire REIS CO., L.P.A. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No. 0 f- cly y CINDY L NOBLE Defendant You have been sued in court. If you wish to defend against the claim pages, you must take action within twenty (20) days after this complaint entering a written appearance personally or by an attorney and filing in A defenses or objections to the claims set forth against you. You are warned that may proceed without you and a judgment may be entered against you by the for any money claimed in the complaint or for any other claim or relief regl may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELE FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 VANIA set forth in the following nd notice are served, by ting with the court your 21 you fail to do so the case urt without further notice >ted by the plaintiff. You IF YOU DO NOT THE OFFICE SET COMPLAINT 1. Plaintiff is a corporation with offices in 15000 CAPITAL ONE RICHMOND, VA 23238-0000. 2. Defendant is an adult individual residing at 58 N 9TH ST LEMOYNE,PA 17043. 3. Defendant applied for and received a credit card issued by number 4862362601360608. 4. Defendant made use of said credit card and has currently a t Plaintiff, as of JUNE 12, 2008, in the amount of $8,818.05. A true and Statement of Account is attached hereto, marked as Exhibit "1" and made a p? 5. Defendant is in default of the terms of the cardholder LIVE bearing the account due and owing to copy of Plaintiff's hereof. having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and ?ayable. 6. Plaintiff avers that the Cardholder Agreement between the parti?s provides that Plaintiff is entitled to the addition of finance charges at the rate of 29.200% per annum on tfe unpaid balance. 7. Although repeatedly requested to do so by Plaintiff, Defendant as willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plain iff. WHEREFORE, Plaintiff demands Judgment in its favor and a NOBLE individually, in the amount of $8,818.05 with continuing finance 29.200% per annum from JUNE 12, 2008 plus costs. Defendant, CINDY L s thereon at the rate of THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFO SHALL BE USED FOR THAT PURPOSE. TION OBTAINED WELTMAN, WEINBERGJ& REIS, CO., L.P.A. JAMES A ?MBROD PA I.D 42 2 WEL MAN WEINBER 271 Koppe Building 43 Sevent Avenue Pi sburgh A 15219 ( 2)43 -7955 Esquire I& REIS CO., L.P.A. :06742276 FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minanum $5,984 90 - $0 00 + $155 37 + $35 00 = $6,175 27 $1,1 Dec 15, 2006 - Jan 15, 2007 Page 1 of 1 Visa Platinum Account 41162.3626-0136-0606 Your Account Information TOTAL CREDIT LINE $5,000 00 TOTAL AVAILABLE CREDIT $000 CREDIT LINE FOR CASH $5,00000 AVAILABLE CREDIT FOR CASH $000 [Finance Charges (Please see reverse for important information) Balance rate Periodic CornVondin9 CHARGE appfed lo rate AAPPRR rchases $6,06091 008011%P 2924% $155.37 ash $000 0 08011 % P 29 24% $000 NNUAL PERCENTAGE RATE applied this period. 29.24% ® At Your Service 1•s00403.3637 To cell Customer Releeons or to report a kid orstoien card ® Seridpaymerdsto. Capital One Bank P 0 Bmk 708M CherMfa, NC 26272-0864 A Send inquiries to. Capital One P 0 Box 30285 Sah Lake Crty, UT 841300285 X01 6056 506 1 7 14 070115 PAGE 1 of 1 OIBC6056 PLEASE RETURN PORTION BELOW WITH PAYMENT 0v I 0 4862362601360608 14 61752700. what's in your walletT New Balance Minimum Payment Due Date C$6,175 27 $1,175 27 Feb 14, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed Capital One Bank P.O. Box 70864 ?r?EE???rrrr?rr?r?r?r? Charlotte, NC 26272-0864 Due Date Feb 14,2007 PLEASE PAY AT LEAST S AMnnaT Your account is six payments behind If we charge o6 your account duet late payments, we will report the charged-off status to several national medd bureaus, and the Purchase as reflected on this statement will be applied to all your outstanding balances Act now to prevent the from ng Please pay the amount dine on your statement or give us a call at 1 800 955 6600 Well work with you so you can take control of your account and start rebuilding your credit with Capital One 15 AN When you provide a check as payment, you authorize us either to use iron from your deck to make a one-time electronic turd transfer from your account or to process the pa ant as a check transaction When we use nformation from your check to make an electrauc find transfer, fund maybe withdrawn tam your account as soon as the same day we receive your payment, and you will not recce your check back from your financial institution You were assessed a past due fee because your minimum payment was received by the due date. To avoid this fee in the future, we recommend that you allow at least 7 business do s for your rnnmum payment to reach Capital One Account Number. 4862-3626-0136-0608 Please print address or phone number changes below u *9001692545435434= NAIL ID NUMB, CINDY L NOBLE 126 SARAHI CT LEYISBERRY, PA 17339-9519 1175270 or black ink 6742276 Please write your account number on your check or money order made payable to Capital One Bank and mail with this coupon in [he enclosed envelope `1 -4 VERIFICATION CAPITAL ONE BANK (USA), N.A. vs NOBLE, CINDY L The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 falsification to authorities, that he/she is, TRACY TAYLOR, Authorized Agent, of C (USA), N.A., Plaintiff Herein, that he/she is duly authorized to make this Declaration, forth in the foregoing Complaint in Civil Action are true and correct to the best of his/h information and belief lating to unworn rAL ONE BANK I that the facts set knowledge, TRACY TAYLOR Notary Public 4862362601360608 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. ?w y ? C r7 J v '^ i -- Y SHERIFF'S RETURN - REGULAR CASE NO: 2008-04496 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK (USA) NA VS NOBEL CINDY L MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon NOBLE CINDY L the DEFENDANT , at 0019:40 HOURS, on the 13th day of August 2008 at 58 N 9TH STREET LEMOYNE. PA 17043 CINDY NOBLE by handing to 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 18.00 Service 16.00 Affidavit .00 Surcharge 10.00 .00 q'a 44.00 Sworn and Subscibed to before me this day So Answers: R. 12hoffia-s Kline 08/14/2008 WELTMAN WEINBERG & REIS By. Dep eriff of A. D. A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. No.084496 CIVIL TERM PRAEC1 PE FOR ENTRY OF JUDGMENT BY CONSENT CINDY L NOBLE Defendant 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#6742276 $9,194.59 Plaintiff VS. Civil Action No. 08-4496 CIVIL TERM Defendant PRAECIPE FOR JUDGMENT BY CONSENT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA CINDY L NOBLE TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, CINDY L NOBLE, in the amount of $9,194.59 plus costs, based upon the consent of the parties. CONSENTED TO: WELTM,?W, WEINBERG & REIS CO., L.P.A., CINDY L NOBLE, By: Attorney for Plaintiff WWR#6742276 By: CJ?XA -4 Defendant F- , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. Civil Action No. 08-4496 CIVIL TERM CINDY L NOBLE 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, CINDY L NOBLE, above-named, in the amount of $9,194.59 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 $9,194.59 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, CINDY L NOBLE, in the amount of $9,194.59 plus continuing interest thereon at the rate of 6% 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 NOON on the following dates: (a) $285.00 due by September 25 h, 2008; (b) $285.00 due on the 25`x' day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. ft 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., 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 don-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is final and c6mplete. 9. Intending to be legally bound, the parties set their hands and seals this _day 20 01 WELTMAN, 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. 6742276 By: i tc _ ? Z? V, lA - Defendant, C DY L NOBLE S? rc? d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. Civil Action No. 084496 CIVIL TERM CINDY L NOBLE Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $9,194.59 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 CINDY L NOBLE 58 N 9TH ST LEMOYNE, PA 17043 By: PR ONO OR D UTY)