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Home My WebLink About05-3399 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No. (;)~. 3 a9q ~ T~ vs. COMPLAINT IN CIVIL ACTION GEORGE W. SHAW Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA J.D. #42524 WELTMAN, WEINBERG & REIS CO.. L.P.A. 2718 Koppers Building 436 Seventh A venue Pittsburgh, P A 15219 (412) 434.7955 WWR#04219877 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. OS. 3399 c.;...;.) 1M- GEORGE W. SHAW 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 appearancc 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 tbe complaint or for any other claim or relief requested by tbe plaintiff. You may lose money or propcrty or other rigbts 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, THlS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON ON AGENICES THAT MAY OFFER LEGAL SERVICES TO EUGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LA WYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 7 I 7.249-3 I 66 COMPLAINT 1. PlaintitTis a corporation with otlices in 6851 Jericho Turnpike # 190, Syosset, NY 11791. 2. 17241. Defendant is an adult individual residing at 148 Conodoguinet Estates, Newville, P A 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 4388641654703094. 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintift~ as of June 27, 2005, in the amount of$1 ,955.75. 5. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to Plaintitfthereby rendering the entire balance immediately due and payable. 6. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay. WHEREFORE. Plaintill demands Judgment in its favor and against Defendant. George W. Shaw individually, in the amount of$I,955.75 additional interest at the legal interest rate of6% per annum from the date of judgment 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. es . arm brodt, Esq . J.D. #42524 EL TMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR#:04219877 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. !j4904 relating to unsworn falsification to authorities. that he is an attorney for the Plaintiff herein and makes this Veritlcation based upon the facts as supplied to his by the Plaintiff because the Plaintiff is outside the jurisdiction of the court and the Plaintiffs Verification cannot be obtained within the time allowed for the filing of this pleading; and that the facts and circumstances set forth in this pleading. are true and correct to the best of his knowledge. information and belief. (") "> ~ c: = ~ = < CoM r p <- =rl c: ("' ~ r- ffi:!J e r- I -om '<) en 1:'56 ....... " )...> -u -:;;1" ~-,-, 0<, - "" C ::r:: ~o -<:> r ~ C~ ofT! ..:. 00 - c--< ""- '^' "\ =< (), J;> 'Xl -J) ~ I.D -< SHERIFF'S RETURN - REGULAR CASE NO: 2005-03399 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK vs SHAW GEORGE W SGT. JODY SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SHAW GEORGE W the DEFENDANT at 1410:00 HOURS, on the 12th day of July at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE 2005 CARLISLE, PA 17013 by handing to GEORGE SHAW 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 Postage Surcharge So Answers: 18.00 .00 .37 10.00 .00 28.37 :r-~~ R. Thomas Kline 07/12/2005 WELTMAN WEINBERG REIS Sworn and Subscribed to before By: Jt;~~~ Deputy Sheriff me this /9 ~ day of i }.t~",,:C A.D. . 0. /J1.l;C,., ~ rothonotary , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No. 05-3399-CIVIL vs. STIPULATION OF THE PARTIES FOR PAYMENT AND IIOR THE ENTRY OF JUDGMENT BY CONSENT GEORGE W. SHAW Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA 1.D, #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue, Pittsburgh, P A 15219 (412) 434-7955 WWR#04219877 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 05-3399-CIVIL GEORGE W. SHAW 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, George W. Shaw, above-named, in the amount of$I,955.75 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: I. Defendant admits indebtedness to Plaintiff in the amount of$I,955.75 with continuing interest thereon at a rate of6.0% 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, George W. Shaw, in the amount of$I,955.75 plus continuing interest thereon at the rate of 6.0% per annum from date of judgme,nt and costs. 3. Plaintiff agrees not to execute on its Judgment so long as De~endant causes to be delivered to Plaintiff the following payments in full by 12:00 NOON on the following dates: (a) $65.00 due by August 30, 2005; (b) $65.00 due on the last day of each consecutive month the:reafter 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" 5. All payments due under this agreement are to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 2718 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA 15219. 6. In the event of default, each payment received shall be first attributed to costs, interest and then to principal. 7. Time is ofthe 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 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 .bLday Of~, 206 WELTMAN, WEINBERG & REIS CO., L.P.A. /. /. .f,~ By: f/Vu William T. M 1<:za, sqUIre PA J.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Awnue Pittsburgh, PA 15219 (412) 434-7955 WWR No, 04219877 By: ~~ t-..... P; t;; ~ ~ llr ""'" ~ ~ (J ~ 1~ ~ CY ~--u ~ P- t~ (") c ;:: ;f1 H' ~7" --! ~s::, :<'::' Ul r:::i<:> ~ --C) c: ~ ~ ~ ..... g ~ "-" en JTl .." ~~ =8s: ~~ ~~ ~ < IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 05-3399-CIVIL GEORGE W. SHAW Defendant NOTICE OF JUDGMENT OR ORDER TO: () Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following orde~~pmenl,was ente~ed against you on l~ ~ (xx) Assumpsit Judgment in the amount of$I,955.75 plus costs. () Trespass Judgment in the amount of $ plus costs. () If not satisfied within sixty (60) days, your motor vehicle operator's license andlor 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 George W. Shaw 148 Conodoguinet Mobile Newville, PA 17241 ~, BY' . PRO HO A Y EYl,Ff':)