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HomeMy WebLinkAbout08-5358 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), N P4 Plaintiff No: M. r3M8 0AVt( Ic°.rM VS. LEEANN WICKENHEISER COMPLAINT IN CIVIL ACTION 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 06836444 C N Pit KLA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. Civil Action No LEEANN WICKENHEISER 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: LEEANN WICKENHEISER 1708 LETCHWORTH RD CAMP HILL, PA 17011 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXXXXXX1431 . 4. Defendant made use of said credit card and has a current balance due of $1225.83 , as of July 29, 2008 . 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 27.400$ per annum on the unpaid balance from July 29, 2008 . A copy of Plaintiff's APPLICATION 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 , LEEANN WICKENHEISER , INDIVIDUALLY , in the amount of $1225.83 with continuing interest thereon at the rate of 27.4001 per annum from July 29, 2008 plus costs. JamA434 rmbrodt,42524 WELINBERG & REIS CO., L.P.A. 436 Avenue, Suite 1400 PitPA 15219 (41955 FAX8-7130 068 N Pit KLA This law firm is a debt collector atte pt; g to collect this debt for our client and any information obtaine ill be used for that purpose. o? N : ll 'o a ALq n 1 o o t . i i? i t ! f {} S ! w w Q ? i i i i i 1 ; 0000 tNii R? w 0 ao ? N ? ? 0 N CA H N 00 0 N N -? ? ? Oo ' dp i i t i m x co c n c c C c c n ?p it s s e i 4 i; J CAPITAL ONE BANK (USA), N.A., Plaintiff, V. LEEANN WICKENHEISER Defendant(s). VERIFICATION 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 an authorized agent of Capital One Services, Inc., an affiliate of and service provider to CAPITAL ONE BANK (USA), N.A., Plaintiff herein, and that he/she is duly authorized to make this Verification, 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. ,) /l® -7, s Dated:" 6 2 4" Anthony A049 WELTMAN, WEINBERG & REIS CO., L.P.A. IV - -4 IV 4 00 4-->, [11 ` : « I rri ILO rr i C-fl Z SHERIFF'S RETURN - REGULAR CASE NO: 2008-05358 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA N A VS WICKENHEISER LEEANN MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE WICKENHEISER LEEANN was served upon the DEFENDANT , at 1318:00 HOURS, on the 11th day of September, 2008 at 1708 LETCHWORTH ROAD CAMP HILL, PA 17011 by handing to LEEANN WICKENHEISER 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: So Answers: Docketing 18.00 Service 16.00 Affidavit .00 Surcharge 10.00 R. Thomas Kline 00 tblb??b 44.00 09/15/2008 WELTMAN WEINBERG REIS Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. LEEANN WICKENHEISER Defendant No.08-5358 C1VII., TERM PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6.936zl,44 $1285.43 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 08-5358 CIVIL TERM LEEANN WICKENHEISER Defendant PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, LEEANN WICKENHEISER, in the amount of $1285.43 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., By: Aut Attorney for Plaintiff LEEANN WICKENHEISER, By- De - n t WWR#6836444 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. Civil Action No. 08-5358 CIVIL TERM LEEANN WICKENHEISER 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, LEEANN WICKENHEISER, above- named, in the amount of $1285.43 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 $1285.43 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, LEEANN WICKENHEISER, in the amount of $1285.43 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 NOON on the following dates: (a) $75.00 due by 10/30/08; (b) $75.00 due on the 30TH 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" 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. 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. 9. Intending to be legally bound, the parties set their hands and seals this _day of , 20 WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew D Urban, Esquire PA I.D. 490963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 6836444 By: _ /up, _?7z, D endant, LEEANN WICKENHEISER t ? r _1 G""? ??.. (... r.? ' ? S7 t ,- ' . ?„ -? ' ?? ?ny } \ ?! y C ?.dY _y l ?IYP r. -?.. ?/{ ?.x IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 08-5358 CIVIL TERM LEEANN WICKENHEISER Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Jud Sent was entered against you on (xx) Assumpsit Judgment in the amount of $1285.43 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 LEEANN WICKENHEISER 1708 LETCHWORTH RD CAMP HILL, PA 17011 By 40NOTARY(OR PRO DEPU ) Q?6 4 r ri iVC F,? EU Qy 2010 APR -1 rrl 2' ;)8 N ?r ' tr"?I?fx ?C.1At a.7' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. LEEANN WICKENHEISER Defendant(s) No. 08-5358 CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Lyndsay E Rowland, Esquire PA I.D. # 205520 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6836444 CFR 48.oo PQ A?r/ & aoia3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 08-5358 CIVIL TERM LEEANN WICKENHEISER 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. WELTMfj,N, WEINBERG & REIS CO., L.P.A. By: Lyndsay Rowland, PA I.D. 205520 WELTMAN, WEINBE 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7999 WWR #6836444 Sworn to and subscribed before me this day of r , 10 NOTARY PUBLIC AAB, , Jf Iv "?aV'tc8 uire G & REIS CO., L.P.A.