The URL can be used to link to this page

Home My WebLink About06-1130 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: 0'"= - !13{) C-u~{~SUvt vs. COMPLAINT IN CIVIL ACTION EDWARD F DOUD Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbroclt,42524 WELTMAN, WEINBERG & REIS CO., L. P . A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 04967038 C A Pit WLG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY" PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No DIe, - //20 Cu'tL ~'T:JLk EDWARD F DOUD 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 is a corporation with offices at 6851 JERICHO TURNPIKE #190 SYOSSET , NY 11791 . 2. Defendant is adult individual (s) residing at t.he address listed below: EDWARD F DOUD 82 LINDA DR 48 MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number 5291071776193938 . I ' 4. Defendant made use of said credit card and has a current balance due of $1828.77 , as of February 14, 2006 . 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 20.650% per annum on the unpaid balance from February 14, 2006 . 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 , EDWARD F DOUD INDIVIDUALLY , in the amount of $1828.77 with continuing interest thereon at the rate of 20.650% per annum from February 14, 2006 plus costs. Warmbrodt, 425 WEINBERG & R IS CO., L.P.A. 436 S v nth Avenue, Suite 2718 b gh, PA 15219 34-7955 12-338-7130 038 C A Pit WLG ! I , I This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. ~~~~ ~ ~S'" Ii ~ 5" e- ~ tv ~S(~i ~ l';('"'ac. \D Il" a '"<I"" t:1> ~ ~ i~' ~ .-l ~ g. 01 ~ 00 \)1 "" Q . .... "" 8 ..ll "-~ EXHlBlt "" y II !!! II ill ~ ~ ~.~ ~:~ ~ - a ~ . =-- \ --- c> \j.:J r' -- ~Cl - o (> ~~ C \~ L ~9~.gr; g: [ [ ts.t:.rt9'.i ll~j.re.~ ~ z 6~8j;'6~e. ~ >< \i ~ at. i ~ ~ ~. ~~. ~ r~ ~ \i~! ~~ z ~ ~-i1' ~ \!!.i~ ; \u H ftt H~ hi ~i ~ ~ - \'" ~ - i .g. ~ I:': l ~ -..\:;::-. ~ ~ t g: ~-:JQ~-"'- '< t>~(l~ ~i_a -::t:l-J g~ QaO~ ... ~ :; '<I <;- n~ Q~~.:>o::. '"7 %. . ;;; 0 a t ~ -1 r i~ ~ it 1~ l o::;:~:; " lr~'"t\~ ~. ~ tth, . !"'> &h 1~t<:>~ gs- ie'" i-t! i:: ~ ~ 0: i ~~ ; 0... ~ ~ c \l 1: ~ l '~ C:>Q. il'g }S>?";g ,.)>( t~~ ;1.~i co _.... b '" ~ ." 'it> ~ z ~~l-t\ [~i,~ t -t. ! i ~ ~ . i~ \ ~ Co i ~- ~ ~ ~ -- ~ ~ ~ ! ~ 1 G\ a- Q .... 0 'it i ~ i ~ a ~ l i { 5' ;> o P N ~ 'g. '< a' n 0' a Cl n g ~ ... t.;) !? .tv o o - ...c:. ~ """ -l -..t.~ ~:t. -~ W ;;r ~~ ~t: ~"d if i ,l! . it \1. '" If [ it a \ l o o I.M - ~ fFl ~.. ""0 S) g. ~' g 9' (C ~ (J r ~ o p.. [ S' Ii < t: ~ 1'} tl> ~ ..... q ...... n '2 ~ ~ " ~ l" ~ (J 0 i i r VERIFICATION to unsworn falsifications to authorities, that he/she is The undersigned does hereby verify subject to the penalties of 18 P A. C.S. 4904 relating .)\f\ \' A \( ~ .\ \i)'\ V'\ (NAME) Po~ (TITLE) of Cq(),-", \ . (} N G , plaintiff herein, that (COMPANY) he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of hislher knowledge, information and belief. , L/ A---- WWR# '-\ Cvn ().~ 'i ~ D N 7'S tr1. \\:- ~ ~ _ ~ lf1 ~ ~ \J) ~ \"" -!<J '1-.J ~ I):::... ~\ t- '---'- ',~",..,. Q r<' \:] -"T~ r.: C':' ---- -- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No,06-1130 CIVIL TERM vs. STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT EDWARD F DOUD Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T, Molczan PA !.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR#04967038 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 06-1 130 CIVIL TERM EDWARD F DOUD Defcndant 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, EDWARD F DOUD, above-named, in the amount of$1 843,93 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: 1. Defendant admits indebtedness to Plaintiff in the amount of$1843.93 with continuing interest thereon at a rate of 20.65% per annum plus costs from MARCH 10, 2006. 2, To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor ofthe Plaintiff and against the Defendant, EDWARD F DOUD, in the amount of $1843.93 plus continuing interest thereon at the rate of 20,65% per annum from MARCH 10, 2006 and costs. 3, Plaintiff agrees not to execute on its Judgment so long as Defendant causes to be delivercd to Plaintiff the following payments in full by 12:00 NOON on the following dates: (a) $100.00 due by 3/31/06; (b) $100.00 due on the LAST 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" 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 of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff or Pla;ntiff's counsel any payment ;n full within five (5) calendar day' of the st"ted 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 JLday Of~, 20 () l\: WELTMAN, WEINBERG & REIS CO" L.P.A. By: U William T. MoIcza PA 1.0. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh A venue Pittsburgh, PA 15219 (412) 434-7955 WWR No, 04967038 By:E~~d ~,{7~ Defendant, EDWARD F DOUD -4 0 4) i p il \) It C> :, , ~ , - p:: -' F ~ :.- . 'l'- V( c:..~' ... '\J j C> "" D --....r:: -- +- ,.,"' IlJ -r-- - .A... ~ "~ t, '. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DNISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 06-1130 CIVIL TERM EDW ARD F DOUD Defendant NOTICE OF JUDGMENT OR ORDER TO: () Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or J ud~ment was entered against you on JlpfL~ \ , I {.) I J.Do(", (xx) Assumpsit Judgment in the amount of$1843.93 plus costs, () Trespass Judgment in the amount of $ plus costs. () Ifnot 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 Edward F Doud 82 Linda Dr 48 Mechaniesburg,Pa 17050 t~ By' Iv; , PRClT NOT,,\_ Ery) SHERIFF'S RETURN - REGULAR CASE NO: 2006-01130 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS DOUD EDWARD F ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DOUD EDWARD F the DEFENDANT , at 2045:00 HOURS, on the 1st day of March , 2006 at 82 LINDA DRIVE 48 MECHANICSBURG, PA 17050 by handing to EDWARD DOUD 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 Affidavit Surcharge 18.00 9.68 .00 10.00 .00 37.68 So A?~~ R. Thomas Kline 03/03/2006 WELTMAN WEINBERG REIS day of ~f~JJ\u Deputy Sheriff Sworn and Subscribed to before me this ,) fAr ~~AD ~ (' Prot tary.