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Home My WebLink About06-5010I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK c? Plaintiff No: o(.- 9616 L'?vbL l 'h vs RICHARD E JAYNE COMPLAINT IN CIVIL ACTION 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 05215417 C A Pit BXH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No DLV - RICHARD E JAYNE Defendant COMPLAINT AND NOTICE TO DEFEND (S-U-t -an 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: RICHARD E JAYNE 3225 SPRING RD CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number 4388642022699808 . 4. Defendant made use of said credit card and has a current balance due of $3893.41 , as of August 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 21.150% per annum on the unpaid balance from August 14, 2006 . A copy of Plaintiff's STATEMENT OF APPL ICATION 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 , RICHARD E JAYNE , INDIVIDUALLY , in the amount of $3893.41 with continuing interest thereon at the rate of 21.150W per annum from August 14, 2006 plus costs. WELT WEINBERG & REIS CO., L.P.A. 436 ev nth Avenue, Suite 2718 Pit sb gh, PA 15219 (4 2) 34-7955 F 12-338-7130 0 2 417 C A Pit BXH 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. 5 zl5y/7 Capital One* Values You As A Customer! 014 If you are unable to pay the amount due at this time, we strongly urge you to call us immediately at 1-804955-6600. We are willing to work with you to help you out of your current finandal Situation and resolve the delinquency of your account. Don't further damage your credit. Your account will soon be reviewed to be charged-off as had debt. If your account is charged-off, you will Still be responsible for the debt, but it will be listed on your credit report and could prevent you from receiving Credit cards, loans and even affect future employment and housing opportunities. 0 MM Ceplnl One SWIM, Inc. Caput Om p a Sederaly repebred arviN mark NI rlptte rNerad. .u.d4m Wpfftdt/((!r • VISA GOLD ACCOUNT 4388-6420-21649808 Account Summer Pnme.o. Crtdin and Ad APR 09- MAY 07, 2002 Page 1 of 1 R-Ima Md.- 12,574.58 P=^ Credo and Adjuaoew fm Tnnnctiom . Tan-mom 858.00 Roaoa Chug- $45.65 1 08 APR OVERLIMTT PEE 129,00 2 07 MAY PAST DUE FEE 29,0 N New, Rd. 82,67813 Minimum AmO.m D. 87678.73 aorms FREE swID 0. r Prymem Due Due Juoe 072002 yoump.ypm bill oe8ae,d%dcla. bdvvxand ai-rpia,m. H. . q. quicWk,-yevd om Tod Credit Lim 81,200 Tod A-4,da14 Cred'¢ - 00 C Cash for 82,2201 Av T AwWbl" Crcre d'¢fa Cash 8.00 At?service To m Cmtemm pd.tiom a m ryurt . b.r a ,eolm ak 1.800-9%-3637 Fa 6eem8m smut mnn W ,p.oY aummacam, bg m m: www.-pmkrcam Surd Ranaum- Pmmo.1 iaquida,a Be P. a 8514) P Bs af03 . Muuosd,VA2376 R'r."VA15185RU t Atmuni lvktu-tion Capin!Ove 6 a proud pouv ofthe Amui-n Fib ImumteY CBS pdmeumeywd pr-eor?u - AFT. 100 YEARS-100 PASSIONS;g2lo.e morim tune'. m CBS, T. r*, Juoe 11 from 8-11 PM (ET/FT) 7-10 PM (CT), r AR o.una doer. She 100 penes b-ur.ia fiom the Put 100yws ld it .HWAofy.m Rfix. WE he hot-edt Could the SIEWAYWE SIDE STORY, CASABLANCA, PRETTY WOMAN, SLEEPLESS IN SEATTLE a u other oo. of your fi au.,a Youn ban m wart ro find ma. Don't ndu id 36 2m EXHIBIT F1naze Chatgn Plrv,rrvoa u ,i6r 6e4yarW : /G e rp fw 1P?dm C ., >timF !PR - ? p A N C E CFIARGE PURHHARS !3µS9.]8 365.A .6S1eAeP 2L15% OSM%P 3L3% 03.91 p.m ANNUAL PERCENTAGE RATE appl'aed the period 21.15% PLEASE RETURN PORTION BELOW WITH PAYMENT. cjwhwcfB` 0000000 0 4388642022699808 07 2678230060002678237 New Bda.ce 8267813 Pbm,pw,.Y.edmyv 8.6m.e:.tWadLi:J. m Amaum D. 8267813 Dm Dune Jum 07, 2002 ewm 6pe a C'n S. 1ID i?rT.mt eodoaed 8 Slams Steee Nun..SLOee 190128351104343354 MAIL ID NUMBER MENE RICHARD E JAYNE 7 Ca ital one Bank 520 HIGHLAND CT P.O. Box 85147 a t® APT 520 Richaumd, VA 23276 e ® CARLISLE PA 17013-3923 Ir.61rJlr,ddlerddLJLrJI,rrllrerllndLrrllrrdLr,l Lr.lllarlllrnndlnllrrrll?l,larel,LJLrddllndd.rl pk--rep,.ammt.rwbamyx,h,dw.e.yas...mpq,6Lmeap:w.see emre.se.dl:. w..,brdwn rg. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities, that he is an attorney for the Plaintiff herein and makes this Verification based upon the facts as supplied to him by the Plaintiff because the Plaintiff is outside the jurisdiction of the court and the Plaintiff's 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. D FL W a ?f Y9 r-a W W {J N V? 0 j s SHERIFF'S RETURN - REGULAR CASE NO: 2006-05010 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS JAYNE RICHARD E KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon JAYNE RICHARD E the DEFENDANT , at 0019:58 HOURS, on the 13th day of September, 2006 at 3225 SPRING ROAD CARLISLE, PA 17013 by handing to RICHARD E. JAYNE a true and attested copy of NOTICE COMPLAINT 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 Affidavit .00 ' C t Surcharge 10.00 o R. Thomas Kline .00 32.40 ? 09/14/2006 4 q1_1-1101, WELTMAN, WEINBERG & REIS Sworn and Subscibed to By: before me this day 11? pu? Sher of / A.D. 7l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. RICHARD E JAYNE Defendant No.: 06-5 010-C W IL-TERM PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. 447437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05215417 Judgment Amount:$3947.26 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. RICHARD E JAYNE Defendant Civil Action No.: 06-5010-CIVIL-TERM PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, RICHARD E JAYNE, in the amount of $3947.26 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., G By: Attorney for Plaintiff WWR#05215417 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No.: 06-5010-CIVIL-TERM RICHARD E JAYNE 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, RICHARD E JAYNE, above-named, in the amount of $3947.26 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 $3947.26 with continuing interest thereon at a rate of 6.0% per annum plus costs from AUGUST 14, 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, RICHARD E JAYNE, in the amount of $3947.26 plus continuing interest thereon at the rate of 6.0% per annum from AUGUST 14, 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) $175.00 due by 10/14/06; (b) $175.00 due on the 14TH 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" 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 _day of , 20 WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, Es re PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., ?.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR No. 05215417 By e- *w-- w 76 ?L ? t 3 ' r t ;: + M ? J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No.: 06-5010-CIVIL-TERM RICHARD E JAYNE Defendant NOTICE OF JUDG1WENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on d( .2 1 aoo(P (xx) Assumpsit Judgment in the amount of $3947.26 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 RICHARD E JAYNE 3225 SPRING RD CARLISLE,PA 17013 By: il?, . PR HON Y (O DEPUTY) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. RICHARD E JAYNE Defendant No. 06-5010-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#05215417 ti IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 06-5010-CIVIL-TERM RICHARD E JAYNE 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. By: James C W brodt, Esquire PA. I . D.#4 52 WELTM EINBERG & REIS CO., L.P.A. 1400 K p s Building 436 Se a Avenue Pittsb r , PA 15219 (412) 4-7955 WWR #05215417 Sworn to and subscribed before me this ?L dayAJanuar r, 09/--? 77AR7"Fl7BLIC h+ of PENwsnvEwa Notarlai SOW Jennifer M. Borowski, Notary Pubk city of Pilbburoh, A190" county C xrdr,Mw Ex*m Feb. 22.2012 Member. Assodedon Nolerl" r, 4Qo