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Home My WebLink About06-1195 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK ry p Plaintiff No: ?1Q? I??1S vs. COMPLAINT IN CIVIL ACTION AMY L HENCH 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 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 04966750 C A Pit WLG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No AMY L HENCH 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 the address listed below: AMY L HENCH 112 E KELLER ST MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card bearing the account number 4388641885885165 4. Defendant made use of said credit card and has a current balance due of $1756.16 , 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 15.900°' per annum on the unpaid balance from February 14, 2006 . A copy of Plaintiff's STATEMENT OF ACCO UNT 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 , AMY L HENCH , INDIVIDUALLY , in the amount of $1756.16 with continuing interest thereon at the rate of 15.900°1 per annum from February 14, 2006 plus costs. v Warmbrodt,4 524 WEINBERG & REIS CO., L.P.A. enth Avenue, Suite 2718 rgh, PA 15219 34-7955 ).412-338-7130 0 C A Pit WLG 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. IN Your account is delinquent. We wont to help! 9-190 -)To protect your credit with us, you need to make a payment, -4 we can help-but only if you Fall us. -4 When you call, you can make a free check-by-phone payment. Return your account to good standing, It's up to you to take the first step. au usl 1-800-479-7231 C'api alGW GOLD VISA ACCOUNT DEC 01, 2012-SAN 07,2013 4184-6411-Bflf-S165 Po.I ofI Acwtly Svvmary Pgvcuy, Crdivaud Adju M... Rovbw Blmce 11,515.23 PiMeI4. Mdluv Adjwh n8 S.00 TMzWiovl T,wnwAow Finmrcc CM78m $39.00 WD.60 1 01 SAN PAK DUE FEE 129.0 New Bawce 51,561.83 Yovrae.dto cb.YOV UCwm h. Wco rvw1wi. Yaw. will In cbaml worn 1, mchva 50 W.e. Minimum Amawd Duc 11364AI unBl[Nry y..III mdm.WrcaIYC%wuoew ux1 m. wnJ 'o vutc M. A.N. ABl vA PaYmun)Duc D.< Fobwry07,2003 omilifl.9rft.wam will apply while. baWce rmnalrv Plwae-ini it ycwmda and coal all cllvlw whiA autotwindly bill W Sow.corny. Tow Cmdll Linc SI.00 Tow AvJlmbCrWil 5.00 Cvdil Lin for Cwh 11.01 Avails CNWII for Oah S.00 AS yovtm42 To aII 1-800-9D-9033-3 -3 wwrs0onalonor uko urd: 637 fw fiswJisr waounxrviaoM rpx.W uabwraRUab{w ro-. www.aPWlwemm Swd,w-AiW SeW w'xiwb. Aw: Ramivaw Plawadw C".. We Serv'm D wal DS Seeelae PO. BOa OIO PO. Ba SWU RwIwml. VA 23276 lwmwM VA U215 "IS Im9aamun Am9vvlvforvuJov For M.I. SWie0.g .JI(M 929-1IUT. P. -16oen Egwllol, pw lrvormm9w 800.92.1137. Fimav9uC6vew l6wwasnwvtldab.irryvrw whir. ewmm n.sd. <y,.1..ay FWANIM yAV/m MA CHARGE N0.CSN56t 31^16 Wl% 13. f19p CASH SIIS]I MIM% I'm SI fI ANNUAL PERCENTAGE EATS NPlic9giapocbd ? PLEASE.ETl10.NP0RT10NHELOWWITHPAYM£NT. ? pM"o'One 0000000 0 4388641685885165 07 1564830033001564833 P6rwwr wwtiq Whwas+b,s eypbb? Vq SM V WrI N. New BJa.e S 564.e1 Minimum A. Duc 511561.9 Smm A a Psymcm Due Duc Fehmary 97, 100S 1 v Twat mcbeed S . x.n Pa.x All.,..em.. AeswlNveM: t3BBbfIHSY-516f X9000B22B120171138 MAIL ID SUHSEA Capp.] One Bent Q ANY L HEKH P. o. Box 85147 IIhIIIlnrrrllrlDld w 112 KELLER Br E Richllond, VA 23276 4ECHANCSBYRG PA 17055-382B tr,lrlrllLrrlrllDJrIIDIIIrIIIHllllrrllrrrllrllllrrrllerrl m ? Irr111LrrIllrrrrLLILL,rIirlrrlr,rldLlLr7rllwlrllrrLl Plme rrim ywvascarmnwnhr on yowr/rs4wmmePOJrmWV pAa6h bCpiW qv BuJW naJ N Nc ma'/mWenNCM 15.98% r EXHIE4' 0 2002 Capital One Services, Inc. Capital One is a federally registered seMce mark. All rights reserved. 77 m MM ss? s? 8 aoeeu ImportaMesotke:Youf payment will be rnd0ed to your account as of Irm data wa mca e q provided you aaM the bollcm portion of this star mem arm your check in the enclosed remittance emebpe, and your payment Is recessed in our processing center by 3 P.M. Payments addressed to our Virginia or George processiN center must be received on a business day by 3:00 p.m. ET. Payments addneaaed to our Washington processing center must be moss ad on a busineP day by 3: W p.m. PT. Mamm allow M teas) five (5) business days to postal debvary . Payments received by ua at any oftwr f ciii w m airothen lorm may rot be mulaad the aam day we revalue them. Our business days are Mondry through Saturday, excluding holidoya. Please eu not use stopma, paper clips, ado. when preparing your payment. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. relating to unworn falsifications to authorities, that he/she is 2, ? ,(?1/ (NAME) - of , L plaintiff herein, that (TITLE) 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 his/her knowledge, inform WWR# !r'1 ? w, ?`? ?a ? W ? ? d _ ,? ? ; , .? ?_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. AMY L HENCH Defendant No.06-1195 CIVIL 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: William T. Molezan PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04966750 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 06-1195 CIVIL AMY L HENCH 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, AMY L HENCH, above-named, in the amount of $1769.99 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 $1769.99 with continuing interest thereon at a rate of 6.0% per annum plus costs from MARCH 13, 2006. 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, AMY L HENCH, in the amount of $1769.99 plus continuing interest thereon at the rate of 6.0% per annum from MARCH 13, 2006 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) $107.00 due by 3/24/06; (b) $107.00 due on the 24TH 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 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 tAkiay ofl r " 20(9 . WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan PA I.D. 947437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR No. 04966750 By: Defend t, AMY L IIENCH 2r ;fl R., ?i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 06-1195 CIVIL AMY L HENCH 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 2i C 2LY>? (xx) Assumpsit Judgment in the amount of $1769.99 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 Amy L Hench 112 E Keller St Mechanicsburg,Pa 17055 By: PROT NOTA DE TY) SHERIFF'S RETURN - REGULAR CASE NO: 2006-01195 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS HENCH AMY L TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE HENCH DEFENDANT was served upon the , at 2015:00 HOURS, on the 8th day of March , 2006 at 112 E KELLER STREET MECHANICSBURG, PA 17055 by handing to HENCH 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 8.80 Affidavit .00 Surcharge 10.00 .00 36.80 Sworn and Subscribed to before me this dJaY day of tk AAAJL, .20V A. D. Pro o ar So Answers: R. Thomas Kline 03/09/2006 WELTMAN WEINBERG REIS By: ?I- >? De ty Sheriff A .} IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. AMY L HENCH Defendant No. 06-1195 CIVIL PRAECIPE FOR SATISFACTION OF JUDGMENT 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. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#04966750 t ? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 06-1195 CIVIL AMY L HENCH Defendant PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. Sworn to and subsgr end before me this day of Se e rARY WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. armbrodt, Esquire PA. I . D.# 2 4 WELT N, EINBERG & REIS CO., L.P.A. 2718 opp s Building 436 even Avenue Pitt urg , PA 15219 (41 ) 4 -7955 #04966750 COMMONWEALTH OF PEN14SYLVANIA - 010 D 06 ? D r3i