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HomeMy WebLinkAbout10-6866SHERIFF'S OFFICE OF CUMBERLAND Ronny R Anderson Sheriff Jody SSmith Chief Deputy Richard W Stewart Solicitor Capital One Bank (U.S.A.) N.A. vs. Brenda J. Banks SHERIFF'S RETURN OF SERVICE 11/01/2010 05:25 PM - William Cline, Corporal, who being duly sworn according to law, 2010 at 1725 hours, he served a true copy of the within Complaint and Noti defendant, to wit: Brenda J. Banks, by making known unto Devin Carbaugl Penn Street, Shippensburg, Cumberland County, Pennsylvania 17257,its c, handing to her personally the said true and correct copy of the same. o SHERIFF COST: $46.00 November 04, 2010 U NTY Case Number 2010-6866 tates that on November 1, upon the within named adult in charge at 415 S. itents,pnd at the same time WILLIAM CLINE, DEPU SO ANSWERS, RON R ANDERSON, SHERIFF 1=n ..F'. ai c! Gctf" ySuiz She, Te'°osofi. ir':, Nov, 18. 20 10 1:19PM No. 1370 P. 3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), N.A Plaintiff vs. BRENDA J. BANKS Defendant Civil Action No. 10.6866 pRAECIPE FOR JUDGMENT BY CONSENT; TO THE PROTHONOTARY: C:1 Kindly enter Judgment against Defendant, BRENDA J. BANKS, in the amount of $1,983.92 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., By: AM WV{ BRENDA J. BANKS, i By; Ike ndant 't-t? at Nov. 18. 2010 1:19PM No. 1370 P. 4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), N.A . Plaintiff VS. Civil Action No. 10-6866 BRENDA J. BANKS 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, BRENDA J. BANKS, above-named, in the amount of $1,983.92, plus costs pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: I . Defendant admits indebtedness to Plaintiff in the amount of $1,983.92, plus costs, with continuing interest thereon at a rate of 6.00% 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, BRENDA J. BANKS, in the amount of $1,983.92, plus costs, and continuing interest thereon at the rate of 6.00% 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 Noveinber 30 ,2010; (b) $100.00 due on the 30th day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. (c) If Defendant pays that amount in a timely fashion Plaintiff agrees to file a Satisfaction of the Judgment. (d) If Defendant fails to pay as agreed, Defendant will owe amount of judgment less any payments made plus accrued interest and costs. Nov. 1S. 2010 1:19PM 4, All payments are to be made payable to the order of "Capital One' No. 1370 P. 5 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 fail to have in the hands of Plaintiff or Plaintiff's counsel any payment in full within live (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 MhlY 2010 WELTMAN, WEINBERG & REIS CO., L.F.A. By: -? armbrodt, Esquire James CAq)4 PA I.D. Weltm einberg & Reis Co., L.P.A 1400 op rs Building 436 ev th Avenue Pitt ur , PA 15219' (41 ) 34»7955 No. 7425218 y, , Bi eft, BRE , BANKS Nov. 18. 2010 1;19PM No. 1370 P, 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), N.A Plaintiff YS, Civil Action No. 10-6866 BRENDA J. BANKS 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 Q ' - (xx) Assumpsit Judgment in the amount of $1,983.92 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 Brenda J. Banks, c/o Michael J. Pykosh, Esquire 2132 Market Street Camp Hill, PA 17011 BP ' OTAR (OR DEPUTY)