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HomeMy WebLinkAbout06-5011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Vs. DEBORAH B HUFF Defendant NO: O`- Sol/ COMPLAINT IN CIVIL ACTION 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 05215702 C A Pit BXH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. . Civil Action No OL - DEBORAH B HUFF 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: DEBORAH B HUFF 131 E ST CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number 4862362146473361 4. Defendant made use of said credit card and has a current balance due of $2468.88 , as of August 17, 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 25.900% per annum on the unpaid balance from August 17, 2006 . A copy of Plaintiff's STATEMENT OF ACCO UNT is attached hereto, marked as Exhibit 111" 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 , DEBORAH B HUFF , INDIVIDUALLY , in the amount of $2468.88 with continuing interest thereon at the rate of 25.9001 per annum from August 17, 2006 plus costs. Jam C. armbrodt,42524 WE M WEINBERG & REIS CO., L.P.A. 4 6 S venth Avenue, Suite 2718 itt urgh, PA 15219 (41 434-7955 F 412-338-7130 215702 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. -7 Oa ea To protect your Your account is delinquent. -)tomake apaymeitwithus,youneed We want to help! -4 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. Res up to you to take the first step. i lop Call us! ??` ?1c 1-800-479-7231 CBPIWCW PLATINUM VISA ACCOUNT 4861-3621-4647-3361 JUL 08 - AUG 07, 2003 Page I of I Ac tsummary Paro=U, Cm&m and Adimmmm t4eaiom Bdmm n,7M.56 P Cmdmand Adjmm,ema too 7106extbud and find exit dwrt v¢a¢wnt a moody pw doe. Ptymem ma h«mxd wphin 72 fum hm w mid anion byom c4eeSon depnmevt Finaom Chug. $28.74 Tr.wwsom Nee Bloom i1,3S630 Mlk Am D. n,356.30 1 08JUL OVERLIMITFEE {29.00 Paymeu Dm Due Sepumbee 042003 2 07AUG PASTDUEFEE 35.00 TOW Cmdk U. Tad AvaeUe Credit {500 100 Yovwem naaae I•put due fim d$35.00 oa 08/07/2063 bazee yom mini u pymem ww na reuived by the due date of O&W/2003 To void thk fm in the fim e we d b Credit Lice foe Ce& WO . u , eaommen u you t aR.u 1a 7buin dal. f. ymupr m wleab Capid Ow. A,-", Cndk fx Cub S.00 At 7. m Cu,m.r A dmae, u m aapwt.lrt a ,mlm mi 1-800-903-3637 F«6eeaefo.amwmta+imrd Vp awumc.&. leans www.apk,kxma Smd p.7mmee e. Sea ay A -0.mimne. P,.m,iaS Caput 0-9s,lw Copt Ooe Swim P.O. Ea ww P.O. R. W9 Ridueed, VA=6 Ri h..4 VA1 -5015 InmmmntAm Wwvez&n Did Ym Know? Capita One oRem mme tbanjue ac kcad podutm Wuh. dm 47 maion accm,v; Copml Om P'..davahnhle fi--.] dvtioo} iorlvfiiog exa loam, paaovd loua, CD4 money maker exoexu and more- w om an of nay three boma in the U.S. EXHIBIT ?"8° A6awaa,rv.aaradl6 r i spogmrf i ?4 - ar4s ? ? w , ? ? p ? A? - a yr6.+ ,.w APR CAAR PVACHASE4 a1?06.41 CASH to M14% 19.90. 17174 .0AW% 15.90a In ANNUAL PERCENTAGE RATE applied dwpermd 25.90% ? PLEASE RETURN PORTION BELOW WITH PAYMENT. Owl 0000000 0 4862362146473361 07 1356300113001356308 New Bda f135630 a1°P^u^^l6[addu.W .?e'.M4'eMe..%ye6.:Nd:J. Minimum Amoua D. {1.35630 ban Aymeu Dm Dam SV"ba 04 2003 Ap: a TaWedaaed f x- Pe,e. AaaeuNambr. 4562-3621-4647-3361 i-M 090220708420217254 HAIL ID IRII6BER Capital One Bank DEBORAH E BUFF P.O. Box 85147 11.61tltluliliul aaan 131E Bx r Richmond, VA 23276 v CARLISLE PA 17013-1407 InilhtlhtaldlnddhallmlLnlha11L1a16t.IL,tfittd ? Lnllht.llLn,,,ILalhattlldtdlLnlndaalLtnlladdl aY.ar.wireye,..w,w.,o.M.a„ye,.rM,ee.,,e„yose..sp,syadrem bprtd o..a.e e.s.alt. rAr e.d demrep VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn 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 Plaintiffs 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. C`r ? ?. e ?-?o A a? ??? ? ? ? ?? ?• r ? ?=?E? °. F- C. ? GJ `-? T ca m SHERIFF'S RETURN - REGULAR CASE NO: 2006-05011 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS HUFF DEBORAH B KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon uTTRR n7PnRAW R the DEFENDANT , at 0016:46 HOURS, on the 13th day of September, 2006 at 131 E STREET CARLISLE, PA 17013 by handing to a true and attested copy of NOTICE COMPLAINT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 4.40 • Affidavit .00 ' Surcharge 10.00 R. Thomas Kline .00 32.40 ? 09/14/2006 4- WELTMAN, WEINBERG & REIS Sworn and Subscibed to By: before me this day Dep S er f of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. DEBORAH B HUFF Defendant No.: 06-5011-CIVIL-TERM PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt Paid# 42524 Weltman, Weinberg & Reis Co. 2718 Koppers Bldg 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR##05215702 cx C. f ? I I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. DEBORAH B HUFF Defendant TO THE PROTHONOTARY: Civil Action No.: 06-5011-CIVIL-TERM PRAECIPE FOR JUDGMENT BY CONSENT Kindly enter Judgment against Defendant, DEBORAH B HUFF, in the amount of $2517.59 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., DEBORAH B HUFF, By: _ By: Attorney fore intiff Defendant WWR#0521 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No.: 06-5011-CIVIL-TERM DEBORAH B HUFF 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, DEBORAH B HUFF, above-named, in the amount of $2517.59 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 $2517.59 with continuing interest thereon at a rate of 6.00% per annum plus costs from AUGUST 17, 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, DEBORAH B HUFF, in the amount of $2517.59 plus continuing interest thereon at the rate of 6.00% per annum from AUGUST 17, 2006 and costs. 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 10/31/06; (b) $100.00 due on the 31 ST 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 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 3 day of^ 20 (U. WELTMAN, WEINBERG & REIS CO., L.P.A. By: _ J? Paid# Weltr 2718 436 Warmbrodt W inberg & Reis Co. ier Bldg ?h Avenue A 15219 134-7955 No. 05215702 B . I VS efendant, DEBO H B F C/I w y 1. F 7-' 1 f`? ? ?r-5 t . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No.: 06-5011-CIVIL-TERM DEBORAH B HUFF Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Onde ? CCU, r enwas entered against you (xx) Assumpsit Judgment in the amount of $2517.59 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 DEBORAH B HUFF 131 E ST CARLISLE,PA 17013 By: _e - - ZIW PRO;HONOT r _. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. DEBORAH B HUFF Defendant(s) No. 06-5011-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) 434-7999 WWR#5215702 r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 06-5011-CIVIL-TERM DEBORAH B HUFF Defendant(s) 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. Sworn to and subscribed before me this day of May 9 N . ARY PU PA I.D. # 4 52 WWR #5215702 By: James C. W brodt, Esquire WELTM EINBE 1400 Ko pe Building 436 Sev Ave nue Pittsburgh, PA 1 5219 (412) 434-7999 G & REIS CO., L.P.A. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Wendy L. Gault, Notary Public City of pftbur9h, Alle9heny County My Commissim Expires July 15, 2010 Member, Pennsylvania Association of Notaries ;ARY f 2: r. 5 Y I C)o ?? µ?