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Home My WebLink About08-4499IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. JONATHAN S THOMAS Defendant No. OF olII el o / 7u417 COMPLAINT IN CIVIL ACTION 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. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06667843 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No. JONATHAN S THOMAS Defendant COMPLAINT IN CIVIL ACTION 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff is a corporation with offices in 15000 CAPITAL ONE DRIVE RICHMOND, VA 23238-0000. 2. Defendant is an adult individual residing at 17 E KING ST APT 1 SHIPPENSBURG,PA 17257. 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 5178052577425362. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of JUNE 12, 2008, in the amount of $1,344.48. A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof. 5. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that the Cardholder Agreement between the parties provides that Plaintiff is entitled to the addition of finance charges at the rate of 29.200% per annum on the unpaid balance. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, JONATHAN S THOMAS individually, in the amount of $1,344.48 with continuing finance charges thereon at the rate of 29.200% per annum from JUNE 12, 2008 plus costs. O-S •5 ?+ o J C v ? c? v C °.o N ° ? w :3 v N - o O ? ? "C3 m ' t w N E k.. p v a y a? i 14 te ° v LA .0 r-c E S r - co ? maCL v w o a I CC o E.L ?Tp 4 A r $ $ ; 75- 06 L- iE 41 m atle p ?/ o *+ 1 q it f'r1 ? Q1 N t!1 N N 6A = CO u ?O C 12 ? 'a f0 N •? • ? ? tl'g .Q? L L } SIC V ` a a p -E -W A '? C} OC IF A ? VV,-f ? O ni vi od sf a? a M 4- u q-- w-- r- CN C14 0 fa z Q .. m = ?i O -Cch t d fis`t` t o E E z r t- c •..? as f+ c ,? '? u m t Nva 4J ?qq S m v"?i vg?i v'+ Ti io IN M° .t S. ? ? ?61 ? ? b A _ aE+ +n o V '- C7 M L6 V$ G r r N N N VERIFICATION CAPITAL ONE BANK (USA), N.A., successor-in-interest to Capital One Bank vs THOMAS, JONATHAN S 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 J Notary Public 5178052577425362 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. ? C co r r, C7 ` P _ r ? 1 SHERIFF'S RETURN - REGULAR CASE NO: 2008-04499 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK (USA) N A VS THOMAS JONATHAN S 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 TT?(1MAC ,7nnrATUATT q the DEFENDANT , at 0008:55 HOURS, on the 2nd day of August , 2008 at 17 E KING STREET, APT 1 SHIPPENSBURG, PA 17257 by handing to 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 Service Affidavit Surcharge 7jbqlb 1 4, 18.00 20.00 .00 10.00 i .00 48.00 So Answers: R. Thomas Kline 08/04/2008 WELTMAN Sworn and Subscibed to By: before me this day of A.D. yt _ 6 _ y r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. No.08-4499 CIVIL TERM PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT JONATHAN S THOMAS AKA JONATHAN THOMAS 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#6667843 $1,415.11 c "y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. JONATHAN S THOMAS AKA JONATHAN THOMAS Defendant Civil Action No. 08-4499 CIVIL TERM PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, JONATHAN S THOMAS AKA JONATHAN THOMAS, in the amount of $1,415.11 plus costs, based upon the consent of the parties. CONSENTED TO: WEL By: _ , WEINBERG & REIS CO., L.P.A., for Plaintiff JONATHAN S THOMAS; AKA JONATHAN THOMAS By: ? De ndant WWR#6667843 I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 08-4499 CIVIL TERM JONATHAN S THOMAS AKA JONATHAN THOMAS 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, JONATHAN S THOMAS AKA JONATHAN THOMAS, above-named, in the amount of $1,415.11 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 $1,415.11 with continuing interest thereon at a rate of 6% per annum plus costs from Date of Judgment. 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, JONATHAN S THOMAS AKA JONATHAN THOMAS, in the amount of $1,415.11 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) $100.00 due by September 30`h, 2008; (b) $100.00 due on the 30'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." 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 Plaintiffs 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. 1- 9. Intending to be legally bound, the parties set their hands and seals this day of / 20?. WELTWAN, WEINBERG & REIS CO., L.P.A. By: Matthew D. Urban VIELTMEN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 WWR No. 6667843 By: De dant, J ATHAN S THOMAS AKA JONATHAN THOMAS 70 ? C) Q v 00 C= cx? 9 y+'YU n r f A V , "yC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 08-4499 CIVIL TERM JONATHAN S THOMAS AKA JONATHAN THOMAS Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or ud ment was entered against you on /O (xx) Assumpsit Judgment in the amount of $1,415.11 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 JONATHAN S THOMAS 17 E KING ST APT 1 SHIPPENSBURG, PA 17257 By: PRO ON?OTTAR'f OR D UTY) S ?twY... S .-'.