The URL can be used to link to this page

Home My WebLink About06-3819 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No. C>~ - 2ft? {!iud~ J-~ vs. COMPLAINT IN CIVIL ACTION JULIA L SMALL Defendant .. FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C WARM BRODT, ESQUIRE PA I.D.#42524 Weltman, Weinberg & Reis Co., L.PA 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05216323 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK ,.. Plaintiff vs. Civil Action No. JULIA L SMALL 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 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 Ij' ! iu ',,::~:;,,: , , .1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. Ot. - Ylrr (!;,Ol,.{ I~ JULIA L SMALL Defendant COMPLAINT AND NOW COMES, Plaintiff, by and through its counsel, WELTMAN, WEINBERG & REIS, CO., LPA., and hereby files this Complaint against Defendant, JULIA L SMALL, and, in support thereof, Plaintiff avers as follows: 1. The Plaintiff is a corporation with its principal place of business located at P.O. Box 85147, Richmond, VA 23285. 2. Plaintiff is the owner of this account, which is the subject matter of this action. 3. Defendant is an adult individual residing at 16 BEACHCLlFF DR CARLlSLE,PA 17013. ":;1, 4. Defendant requested the account and made use of said account and has currently a balance due and owing to Plaintiff, as of JUNE 26, 2006, in the amount of $ 2,236.59. 5. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, JULIA L SMALL, individually, in the amount of $ 2,236.59 with finance charges thereon at the rate of 20.65% per annum from JUNE 26, 2006, plus costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEI G & REIS, CO., L.PA INWR#: 05216323 ,: d Fj ". , YJ;RIFICA TIQN The undersigned does hereby verify subject to the penalties of 18 P A. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is t (l.rn... r/L,l 1.b (f) (NAME) ~ ~ ~ of 0.(>,4/ ()"..t fj."....k: , 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 ofhislber knowledge, information and belief. ~ I (SIGNATURE) I ~ WWR# tJ 5-02-' u, , ?-"> (::) ~ \ - ~ ~ w ~ ~ 0' oC4 II'} 1I1 CI1 () -J P- :f2 r ~~ S:;!I o :'~) S~ c.;1', n4 ~.~ ~~; ~ i I en -~". r:-? ?:,; (,') :-.:.: f'" 8 SHERIFF'S RETURN - REGULAR CASE NO: 2006-03819 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS SMALL JULIA L SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SMALL JULIA L the DEFENDANT at 2033:00 HOURS, on the 13th day of July , 2006 at 16 BEACHCLIFF DRIVE CARLISLE, PA 17013 by handing to JULIA SMALL a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. 18.00 5.28 .00 10.00 .00 33.28./ +- "1/;.&/D(, Sworn and Subscibed to Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: r~/<~~ R. Thomas Kline day 07/14/2006 WELATMN WEINBERG. REIS ~ By, ~ t . A.../ eputy Sheriff before me this of A.D. ~ " . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 06-3819 CIVIL TERM JULlA L SMALL Defendant PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, JULlA L SMALL, in the amount of$2,236.59 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., JULIA L SMALL , By' Ula ~_~~ Defe~~ WWR#05216323 ~ - [N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 06-3819 CIVIL TERM JULIA L SMALL Dei~ndant 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, JULIA L SMALL, above-named, in the amount of $2,236.59 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 $2,236.59 with continuing interest thereon at a rate 01'20.65% per annum plus costs from JUNE 26, 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, JULIA L SMALL, in the amount of$2,236.59 plus continuing interest thereon at the rate 01'20.65% per annum from JUNE 26, 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) $150.00 due by SEPTEMBER 15,2006; (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. -- , l -. 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 live (5) calendar days of the stated due dak, 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 boundl the parties set their hands and seals this jJ.~y of U~ 2000 WEL TMAN, WEINBERG & REIS CO., L.P.A. crfiIi1 . 1 By:__'. ~a= .~. H()LLY~HR!S A PA LD. #94496 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, P A 15219 (412) 434-7955 WWR No. 05216323 nt, JULIA L SMALL c :t ;Q.. -p -:C ~ ~ ~ () ~ ~ c. ~~ ~:Q f\ -UG' 0 - -0 -J g}.q:' (,-> ) .-\ -ohl r w /,.,.,. rV ti)t)." -nt? r- ~ <:) .~v ::.L . q() ~ frt <n ~c .,,~"- -'fl ? 5..... - C> ~ t~:: :::;1:- 'z~ 0.1 ~ / - t q? 9 ~ r ~ cJ\ ?O ,,' ~ -- .....J ---... ." ""', j!)- J-! (,~: u"7 -. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 06-3819 CIVIL TERM JULIA L SMALL 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 I"Y..J.. ~rJ ;loDlo , (xx) Assumpsit Judgment in the amount of $2,236.59 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 JULIA L SMALL 16 BEACHCLIFF DR CARLISLE,P A 17013 By: PROT fl. I " IN THE COURT SF GOMMON PLEAS OF CUMBERLAND OOUNTY, PENNSYLVANIA CIVil DIVISION i l CAPITAL ON~ BANI< I I Plaintiff va. No. 06..3819 CIVIL Tf;RM PRAeCiPe: FOR 8ATISFAe"fION OF JUD6Mt=NT JULIA L SMALL Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF ReefJRD OJf THIS PARTY: JAMeS C WARMSa{)OT, 5$.~ujfe PA. 1.0.#42524 . WELTMAN, WEINBeRG & REIS co., l,P.A. 2718 Koppers Builcling 436 Seventh Avenue Pittsburgh, PA 1521 9 (412) 434..7955 WVVR#0521e3~3 '-I : I I (1 : I ~I I I I I I I I I \ I i i I I I I ! i i I I I I i I I I I I I I I I I I I I ! I ; ! I , I .1 I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. I I JULIA L SMALL I I I i Defendant Civil Action No. 06~3a19 CIVIL TERM At the request of the undersigned attorneys for the Plaintiff, you are direoted to satisfy the above~captioned RRAE91PE FOR SATISFACTION OF JUDGMENT Judgment. Sworn to and subscribed before me this -V--.., day of January, 07 WELTMAN, WEINBERG & REIS CO., L.P.A. /' \fWVR #05216323 (") -o~: m(' :::? "i-1" ~= t;~C ~;:_c.. c-..~ ~~~ ~ .-(, r--'> c:;.? c;:) -..I .." rr1 co , (T't ""::liji o -n -4 ~~ :gO -'" \ ":~9, v -:;~ '~,~~ --I :J:::" ~ '-R w (..n