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Home My WebLink About09-1286 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff Vs. MARK A STAHL No: D9- Ias(o Civil (erm 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 07050267 C N Pit LXR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. MARK A STAHL Defendant Civil Action No 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: MARK A STAHL 20 ORANGE ST MOUNT HOLLY SPR, PA 17065 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX0580 4. Defendant made use of said credit card and has a current balance due of $1275.94 , as of January 07, 2009 . 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 19.900% per annum on the unpaid balance from January 07, 2009 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1" and made a part hereof. A. 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 , MARK A STAHL , INDIVIDUALLY , in the amount of $1275.94 with continuing interest thereon at the rate of 19.900% per annum from January 07, 2009 plus costs. James c:. wart[wrou?, WEL WEINBERG & REIS CO., L.P.A. 436 S nth Avenue, Suite 1400 Pittsburgh I PA 15219 (412 34-7955 FAX: 2-338-7130 070 0 67 C N Pit LXR This law firm is a debt collector attenVting to collect this debt for our client and any information obtained will be used for that purpose. EXHIBIT FINANCE PnWous Balance Petyetlerds & Credits CHARGE Trareaclbns New Balance Minbnum Payment Du Dew C$848 93 - $0 00 + $14 45 + $29 00 = $890 38 $390 38 Sr 03, 2007 T. Jan 04, 2007 - Feb 03, 2007 Page 1 of 1 nLW PAY AT LAST IM AMmAT Vise Platinum Account 4so3B22a1934M Your Account Information TOTAL CREDIT LINE $50000 TOTAL AVAILABLE CREDIT $000 CREDIT LINE FOR CASH $50000 AVAILABLE CREDIT FOR CASH $0 00 11 Finance Charges (Please see re 0 for Iflrloflent information) Periltec CrresQRdug CHAR CROOE Purchases $854.52 0 05452% 1990% WAS Cash $000 0 054521t 1990% $000 ANNUAL PERCENTAGE RATE appiled this period. 19.90% ® At Your Service I-800-955-TM To cat Customer RoWws a t0 report a bat orsldan cad ® Send paymeMsto. Captel Oro Bra P 0 ear 70881 Clerlola, NC 9b272.OBBt• A Send Irkprirles to Cspael ono P.0 Box 90786 Sall Lab sly. UT 841300285 6056 506 1 7 3 070203 (,i° I what's in your wallet' Your Wmrd is six payments behind B we charge off your account due to late payment, we wtfl report the darged+7R SUM to avert natirnd aedd bureaus, end the Purchase APR as reflected on the aWemeM will be mood to of your outWhdng bdstca Act now to Vmwd to from happenng Plaes pay the amount due on your statement or give us a osfl at 1 SM 985.11800 We9 work with you so you can take control of for account and sled rebuddng your recd with capital One "bnportnt Nokce" Under the terms we prewcusly disclosed to you, your ac-rot is now eligible for an ncrease in Annual Percentage Rots (APRs) dlactive m-edetely Howevr. Capita One has elected not to rase your APRs at this tome Please be advised the d you fad to keep your account in good standing, CapW Ora reserves the fight to rase your APRs in the future Payments, CredRs & Adiustmettts Transactbns $ao 1 03 FE 3 PAST DUE FEE Your account is 90 days past We and your Payment Protection orienBe has been suspended As stated in your Payment Protekon agreement, your coverage and monthly chute vol be renatated woo your account is no longer 90 days pat due You may a* be eligible for breBt to be pad b your account for loss event downbad in your Payment Protection agrernerd. Cell Slunebrtdge Benefit Services at 1-8813-527 04 to see d you otiiaban quells for laneft You were assessed a pat due fee boom your mnsnan payment was not rocened by the due data To avoid this be in the future, we reconhmerd Slat you allow at last 7 business days fr your m llnum payment to reach CepoW One "' Please Note "' Some of the tens of your account are changing Please read the enclosed notification PAGE 1 of 2 OlEC6056 PLEASE RETURN PORTION BELOW WITH PAYMENT 0 4862362231930580 03 0890380020000390389 New Balance Minimum Payment Due Date C$890 38 $390 36 Mar 03, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed Capital One Bank 1i1rr111rrir11raur1r11 P.O. 80K 70664 Charlotte, NC 26272-0864 1 oitH'Il1nl1d1lir1u1r111ar11n'a1plnlll"/IIIIIII?if loll Account Number. 4862-3622-3193-0580 Plum print address or phone number changes below using blue our black ink Address Home Phone Alternate Phone E-mail address ® . e40035469116576074e NAIL ID NUMBER MARK A STAHL 20 ORANGE ST MOUNT HOLLY SPRINGS, PA 17065-1721 nn??ur?a?rro???rn?n?r?n1 111111111110111111 7050267 Please write your account number on your check or money order made payable to Capital One Bank and mail with this coupon in the enclosed envelope PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. MARK A STAHL Defendant(s). VERIFICATION 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 an authorized agent of 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. Dated: 0/ -?e-awry Ricky Evans A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 4u'7. s i (A? ?_ rr t? b Sheriffs Office of Cumberland County R Thomas Kline of umbrrl? Edward L Schorpp Sheri' 7# Solicitor 4-: Ronny R Anderson Jody S Smith Chief Deputy OFFJOL o` TSHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/06/2009 08:08 PM - William Cline, Deputy Sheriff, who being duly sworn according to law states the within Complaint and Notice was served upon Mark A. Stahl, the defendant, at 2008 hours on the 6th day of March, 2009 at 20 Orange Street, Mount Holly Springs, PA 17065 by handing to Mark A. Stahl a true and attested copy of the Complaint and Notice and at the same time directing his attention to the contents thereof. SHERIFF COST: $33.82 (PAID) March 09, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Capital One Bank VS Mark A. Stahl 2009-1286 Civil eputy S ri . r ? eM r, t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) N.A. Plaintiff vs. MARK A STAHL Defendant No.09-1286 CIVIL TERM STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE 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#7050267 z IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) N.A. Plaintiff vs. Civil Action No. 09-1286 CIVIL TERM MARK A STAHL Defendant PRAECIPE FOR JUDGMENT BY CQNSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, MARK A STAHL, in the amount of $1326.82 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., By: - Attorney for Plaintiff MARK A STAHL, Defendant W WR#7050267 z IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) N.A. Plaintiff vs. Civil Action No. 09-1286 CIVIL TERM MARK A STAHL 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, MARK A STAHL, above- named, in the amount of $1326.82 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 $1326.82 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, MARK A STAHL, in the amount of $1326.82 plus continuing interest thereon at the rate of n% 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) $150.00 due by APRIL 24, 2009; (b) $150.00 due on the 15TH 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) N.A." 5. 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 fails 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. r 9. Intending to be legally bound, the parties set their hands and seals this S day of M.'-t, 20 J 1 WELTMAN, WEINBERG & REIS CO., L.P.A. By: -- 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 No. 7050267 Br -? Defendant, MARK A STAHL "F THE MIRY 2lT3(Ki'tY 27 iiiili.- 09 Pd - ?i[/.ab m 1?/? NUl3C?P? aas7n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) N.A. Plaintiff VS. Civil Action No. 09-1286 CIVIL TERM MARK A STAHL 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 12W L (xx) Assumpsit Judgment in the amount of $1326.82 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 Mark A Stahl 20 Orange St Mount Holly Spr, Pa 17065 By: PR HONOT EPUTY) T-E