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Home My WebLink About08-6229IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. CHERYL D NEIDIG Defendant No. 0$- Laa9 ?ivil to N 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. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6524132 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. Civil Action No. CHERYL D NEIDIG 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 CUMBERLAND COUNTY 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. 2. Defendant is an adult individual residing at 49 WEST MAIN ST NEW KINGSTOWN, PA 17072. 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number : 5178052439030459 . 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of OCTOBER 13, 2008, in the amount of $ 2,358.11. A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked as Exhibit "I" 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 25.90 % 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, CHERYL D NEIDIG individually, in the amount of $ 2,358.11 with continuing finance charges thereon at the rate of 25.90 % per annum from OCTOBER 13, 2008 plus costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. JAMES C ARMBROD T', Esquire PA I.D. 25 4 WELT AN WEINBERG & REIS CO., L.P.A. 1400 ppe s Building 436 S ven Avenue Pitts , PA 15219 (41 4 4-7955 WWR#:6524132 o 0 a a ? b I f t ? 3 N » g? s 8 po ? O 8 f" ? a .? N of w » M ? U V ?Y 5 C? ?f ?g M gown 9? milt S60CBV N O a O O ? y o 0 o ? o ? 0 r E. M u O b 6 ? r a L % o ? 3 0 Q ? A M S m N Z O co a o a " o o a p ? O V A 6 i h z L W z 0 H ? 2 o n ? O O r' - a •, m a_ m Ch a C H z o O 33 ?s M Aco C7 "WON uaz 60E960 N - U e•l M 'D l0 ., O o y '0 PO O _ a - 41 L)°t _ uam _ r VERIFICATION CAPITAL ONE BANK (USA), N.A., successor-in-interest to Capital One Bank vs NEIDIG, CHERYL D The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn 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 OQC7:?:? otary Public 5178052439030459 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. C 7fd 4.a ? ??-. Ct"t -G SHERIFF'S RETURN - REGULAR CASE NO: 2008-06229 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA N A VS NEIDIG CHERYL D NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon NEIDIG CHERYL D the DEFENDANT , at 0008:40 HOURS, on the 23rd day of October , 2008 at 49 WEST MAIN STREET NEW KINGSTOWN, PA 17072 CHERYL D NEIDIG DEFENDANT by handing to 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 6.00 Affidavit .00 Surcharge 10.00 /b/2 k/b8 00 3,7 4:00 Sworn and Subscibed to before me this day of , So Answers: 400-11, 1. oe .10 T n 10/24/2008 WELTMAN WEINBERG & REIS By Deputy Sheriff A. D. ti I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. CHERYL D NEIDIG Defendant No. Qg - 10227 co t,C F eoun PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, Esquire PA I.D. 447437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6524132 AMOUNT:2,201.3 8 r IN THE COURT OF COMMON!, PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff e,-. v s. Civil Action No. 08- 1.249 cC. CHERYL D NEIDIG Defendant PRAECIPEI,FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defend ant, CHERYL D NEIDIG , in the amount of $2,201.38 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.?., I By: 4.?? -- - Attorney for Plainti CHERYL D NEIDIG , By: Defendant WWR#6524132 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. Oe - &;.2q CHERYL D NEIDIG 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, CHERYL D NEIDIG , above-named, in the amount of $2,201.38 pursuant to the Stipul tion of the Parties for Payment and for the Entry of Judgment by Consent, as follows: 1. Defendant admits indebtednes to Plaintiff in the amount of $2,201.38 with continuing interest thereon at a rate of 6% per annum plus costs from DATE OF JUDGMENT. 2. To secure the repayment of sad indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, CHERYL D NEIDIG, in the amount of $2,201.38 plus continuing interest thereon at the rate of 6% pe annum from DATE OF JUDGMENT and costs. 3. Plaintiff agrees not to execute the following payments in full by 12:00 NOOI (a) $148.00 due by 11/10/08; (b) $148.00 due on the 10' plus accrued interest and c n its Judgment so long as Defendant causes to be delivered to Plaintiff on the following dates: of each consecutive month thereafter until the Judgment amount are paid in full. Y ? ?4 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. 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 wi4in 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 appro riate 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 bounds !the parties set their hands and seals this _day of , 20 WELTMAN, WEINBERG & REIS CO., L.P.A. By: WILLIAM T. MOL AN, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 6524132 _RA - By: QQjU6jX,Q A04' refendant, CHER L D NEIDIG n w ell, C'? r-1. ;°x _; a IN THE COURT OF COMMON FLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. CHERYL D NEIDIG 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 $2,201.38 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 CHERYL D NEIDIG 49 WEST MAIN ST NEW KINGSTOWN,PA 17072 By: ( ?_JAIA PRO ONOTAR EPUTY) i-iLC G ?...TAR?l 20110 S 3 13 Ph 3: 27 c?ir,?? - u??l1Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. CHERYL D NEIDIG Defendant(s) No. 08-6229 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#6524132 CFR $8.00 pA A7'" C? 41v44r7(P IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 08-6229 CIVIL TERM CHERYL D NEIDIG 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. WELTMf N, WEINBERG & REIS CO., L.P.A. By: ?. , Esquire LynX220 PA WEBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #6524132 Sworn to and subscribed before me this ,r day of June, 10 a C??TH ,ypNu NOTARY PUBLIC OF MM-1 Sol Shells G. ""n, NOMY PUM Ra?elwPr Npy,s 3010 i my CpmtnMlNon Member- RN