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Home My WebLink About06-4009I 'i I I I I I f' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPIT L ONE B IK yh lal?ritif No: d` i l C.aU t ? "" I' VS. COMPLAINT IN CIVIL ACTION KEITH E CHESTNUT Defendant 1, FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG &'R8IS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05253217 C A Pit WLG i II iw IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BALK Plaintiff' VS. Civil Action No KEITH E ?IJESTN T Defen ant 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) day's after this complaint and notice are selrved, 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 TO PR VI Ei. SERVI IS(7 i I u AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL E 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 l± 1. PLai tiff, I JERICHO TURNPI COMPLAINT PITAL ONE BANK is a corporation with offices at 6851 #190 SYOSSET , NY 11791 2. Defendant i?s adult individual(s) residing at the address listed below: KEITH E CHESTNUT 121 E SOUTH ST CARLISLE, PA 17013 3. 'Defendant 41 ppl account number I 4. pfe dantl due of $X511.4 5. Defendant due. As such, ied for and received a credit card bearing the 291071638616423 e use of said credit card and has a current balance , as of July 07, 2006 is in default by failing to make monthly payments when the entire balance is immediately due andlpayable to Plaintiff. 6. Plaintiff 'is entitled to the addition of interest at the rate of 25.900% per an um on the unpaid balance from July 07, 2006 . A copy of Plaintiff's ST,TEMENT OF ACCO UNT is attached hereto, marked as Exhib t a' made a part hereof. i I ' II 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 itsi,favor and against Defendant , KEITH E CHESTNUT , INDIVIDUALLY , in the amount of $1511.44 with continuing interest thereon at the rate of 25.900W per annum from Jul 07, 2006 plus costs. -?? G James Warmbrodt,92524 WELT WEINBERG &'REIS CO., L.P.A. 436 ev nth Avenue,1Suite 2718 Pit sb rgh, PA 15219 (41 ) 434-7955 F 412-338-7130 05 217 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 fo'r that purpose. i ro4 Your account is delinquent. We want to help! i ?? ? CAPHalow EXHIBIT MASTERCARD ACCOUNT 5291-0716.3861-6423 AUG 16 - SEP 15,2W3 Page 1 of 1 Arcmmt Summary Payment; C,e&ma dAdjuatmenn Previous B9. $1,355.91 Ayment4 Cxd'laand Adjimmema $.00 Tb a our third w id final ooda d= your account u smwudypam due. Nymem mmt be received within 72 Tmnarcdo0a $64.00 hour: w vmd action by om cdla ndcpwneot. Fivaum Charges $30.79 Tmvaectiom New Balance $1,450.70 M?um /woum D. $1,45170 1 16AUG OVERLIMITFEE $29.00 Payment D. Date October 15,2M 2 IS SEP PAST DUE FEE 35.00 Totd Crdit Line $700 Y. wee am..dn : due fa of $35A0 m 09/15/2W3 ban your minimum prymentwu not Total Avd We Crdit $.00 realvdb/the due duce oM1512003. To awid thin fa m the form, we ...d dot Y. Crdit Lire fm Cash $700 allow atlwat7 b-. drys for your paymem to rerh Capital Om. Aaadable Crdk for Caah $.00 Atww,mice To 00 CLnoma Rd.eom w ro rep:ar.ba m.ro5m erd: 1-800-903-3637 Fa fm online .aaum ,aviee and ,pe6d aaromu effm, b$ m m: Smdpy,mm? to: Sind inquirie ro: Aun: R.wituna Pmveing C.p One Gpd One Se.iv P.O. Bd,V 47 P.O.Bm R4Tm-d,VA Tf2]6 R'vhmod, VA VA 2lle5-501$ ]YmOlTallt ACCn11MInfoN Lion Did Y. Kro ? Capital Om of. more tbanjuc alit rid prdt Wnh more than 45 mMon accoun% Capital Ow leovidee valmble fin ancial'.ludo. - lad'.iog auo 10 M." Imoy CDs, money marbet aceounra and more - to om om ofevny dace home m the U.S. F',....,n. Chug' P4mrearmrmn&f6rirnjafa e in fw r n m im r Bdwuw. ? `1 N A ? .? ? g P.eia& Oae,.a.Ji,r ypG to C}3ARG w E PURCHASES fl,M9.75 .070 )5M" CASH CASH f00 .0]99A 6% 25.90% •00 ANNUAL PERCENTAGE RATEepplied tbiapenod 25.90% PLEASE RETURN PORTION BELOW WITH PAYMENT. C--P1WCW 0000000 0 5291071638616423 15 1450700046701450707 New Bd.-.. $1.450.70 Minimum Amami D. $1,450.70 6n.n A, I Payrmn D. Date Oaoba 15, 2643 m ze Tam eurlo i f H?.F? daauw5rooa AsomtNumbw.. 5291-0716-3961-6423 a Capital One Bank PO. Sox 85147 LLd,dJl:,l:l::l:l Richmond, VA 23276 Ie.IJ,e ? le. d Jl a rL llul ? ?ull,..I I,e.II udlutl hull.e.I _ #9025973517308359# MAIL ID N BER _ KEITH E CHESTNf1T 121 E SOUTH ST !! CARLISLE PA 17013-3429 ? LtJILuIILuudLJluelleduL,LIIJuul,ludlL,dl -; To protect your credit with us, you need to make a payment. -} We can help-but only if you call us. 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. Call us! 1-800-479-7231 r Pfrme wrireyxrmwr nronMonyom dar.Fwaoe yor&'wa&pryable to Gfirel pro Bonlvduail in tAe nnc?drnvlofe i ® 2002 Capital One Services, Inc. Capital One Is a federally registered service mark All rights reserved. case. ees ENNi S aaaa? Masi 8 0 o ? n 14 m Important Notice: your payment will be credited to your account as of the date we receive h, provided you send the bottom portion of this statement and your check in the enclosed remittance envelope, and your payment is received in our processing center by 3 p.m. Payments addressed to our Virginia or Georgia processing center must be received on a business day by 3:00 p.m. ET. Payments addressed to our Washington processing center must be received on a business day by 3:00 p.m. PT. Please allow at lean five (5) business days for postal delivery. Payments received by us at any other location or in another form may not be credited the same day we receive them. Our business days are Monday through Saturday, excluding holidays. Please do not use staples, paper clips, etc. when preparing your payment. VERIFICATION The undersigned does hereby verify subject to enalties of 18 PA. C.S. 4904 relating to unworn falsifications to authorities, that he/she is (NAME) of C? ^4 •, Qn=L I , 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#5 ?2?Jf W e SHERIFF'S RETURN - REGULAR CASE NO: 2006-04009 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS CHESTNUT KEITH E VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE CHESTNUT KEITH E was served upon the DEFENDANT , at 1841:00 HOURS, on the 24th day of July , 2006 at 121 EAST SOUTH STREET CARLISLE, PA 17013 KEITH CHESTNUT by handing to 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: So Answers: Docketing 18.00 Service 4.40 r Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 32.40 ? 07/25/2006 WELTMAN WEINBERG REIS ,/"-/o - Sworn and Subscibed to By: before me this day eputy Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. KEITH E CHESTNUT Defendant No 06-4009 CIVII, TFRM PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT FILED ON BFI-IALF OF Plaintiff COLJNSEL OF RF;CORD OF THIS PARTY: James C. Warmbrodt Paid# 42524 Weltman, Weinberg & Reis Co. 2718 Koppers Bldg 436 Seventh Avenue Pittsburgh, PA 15219 (41 ) 434-7955 ff?I WWRh05253217 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. KEITH E CHESTNUT Defendant TO THE PROTHONOTARY: Civil Action No. 06-4009 CIVIL TERM PRAECIPE FOR JUDGMENT BY CONSENT Kindly enter Judgment against Defendant, KEITH E CHESTNUT, in the amount of $1552.62 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., KI"I'I'll I CI-IESI'NU"I', By: By: L367 Attorney fo Plaintiff Defendant WW #OS 53217 i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 06-4009 CIVIL TERM KEITH E CHESTNUT Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONO"TARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, KEITH E CHESTNUT, above-named, in the amount of $1552.62 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 $1552.62 with continuing interest thereon at a rate of 6.00% per annum plus costs from AUGUST 16, 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, KEITH E CHESTNUT, in the amount of $1552.62 plus continuing interest thereon at the rate of 6.00% per annum from AUGUST 16, 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) $100.00 due by 08/20/06; (b) $100.00 due on the 20TH 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 Plaintiffs counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be irnmediately 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 20 WELI'MAN, WEINBERG & REIS CO., L.P.A. By: -v -- 1! - James C. War r t Paid# 42524 Weltman, We erg & Reis Co. 2718 KoppersinIdg 436 Seventh ven Pittsburgh, P 1 19 (412) 43 55 WWR No. 05253217 By: G. Defendant, KEITH E CHESTNUT Q cn tJ'3 -' ? r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 06-4009 CIVIL TERM KEITH E CHESTNUT Defendant NOTICE OF JUDGMENTOR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following o?.o-was entered against you Opd? e ? gment I aW6 (xx) Assumpsit Judgment in the amount of $1552.62 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 ( ) Confessior;. ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent Prothonotary KEITH E CHESTNUT 121 E SOUTH ST CARLISLE,PA 17013 By: ----- PRUT NOTARY- R U UTY) "WS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. KEITH E CHESTNUT Defendant No. 06-4009 CIVIL TERM 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. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 05253217 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 06-4009 CIVIL TERM KEITH E CHESTNUT 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. WELTMAN, WEINBERG & REIS CO., L.P.A. James C. W bradt, E By. PA I.D #4 524 WELT AN, INBE 1400 ppers uilding 436 venth venue Pitt urgh, A 15219 (4 ) 43 -7955 Sworn to and subscrib d before me this 6 day 9f January, 08 Y PUBLIC i ' ?l1y t; y L L0 -I Membtr, pgnnsyt- & REIS CO., L.P.A. WWR No. 05253217 00 an 8 M :ri Z 00 D 00 i ? co