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Home My WebLink About06-6328 . ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: Of.. - k'?'J./ CiuL<-Y~ vs. COMPLAINT IN CIVIL ACTION MARY E CHESTNUT 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 05468214 C A Pit KEB ~ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK vs. Plaintiff MARY E CHESTNUT Civil Action No 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: MARY E CHESTNUT 121 E SOUTH ST CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number 5178052153152463 . 4. Defendant made use of said credit card and has a current balance due of $1983.22 , as of October 11, 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 October 11, 2006 . A copy of Plaintiff's STATMENT is attached hereto, marked as Exhibit 11111 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 , MARY E CHESTNUT , INDIVIDUALLY , in the amount of $1983.22 with continuing interest thereon at the rate of 25.900% per annum from October 11, 2006 plus costs. This law firm is a debt collector our client and any information obt Warmbrodt,42524 , WEINBERG & REIS CO., L.P.A. enth Avenue, Suite 2718 rgh, PA 15219 34-7955 F 12-338-7130 546 214 C A Pit KEB to collect this debt for be used for that purpose. "" 0 C~ c:::~) ., 0"'\ -:t; a :;:J C':) ~ ! 11 <J in :!J (0 --I r- ~ -r-)rn ?::: ~ (,) -> t,-.:i ~ a ~5 l~ 'ie, '"";:J "~-~,~ =[,j U1 -..l.~_ ;::~! (5 ........ ~ (.) t"5rn .'1 ~ ~ ex C,) :-.0 ~ -..J -< \) ~ ~ ..() f' 1- ~ SHERIFF'S RETURN - REGULAR CASE NO: 2006-06328 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS CHESTNUT MARY E CPL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CHESTNUT MARY E the DEFENDANT , at 1710:00 HOURS, on the 15th day of November, 2006 at 121 E SOUTH STREET CARLISLE, PA 17013 by handing to MARY CHESTNUT 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 Service Affidavit Surcharge 18.00 8.80 .00 10.00 .00 36.80/ 00/00/0000 il .' ~ ;,;z/Of, J 01, Subscibed to So Answers: ~ ~ <. I R. Thomas Kline Sworn and By: kJ~M Deputy Sheriff before me this day of A.D. '\. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-06329 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ZEIDERS HEATHER VS WEITKAMP CHARLES R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: WEITKAMP CHARLES but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 9th, 2006 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge Dep Perry County Postage 18.00 9.00 10.00 39.02 1.02 77.04 /. 121/)~/()~ 11/09/2006 ANGINO & ROVNER County \,~ Sworn and subscribe to before me this day of A.D. ) .. In The Court of Common Pleas of Cumberland County, Pennsylvania Heather Zeiders VS. Charles Weitkamp No. 06-6329 civil Now, November 3, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .r~~~ Sheriff of Cum berland County, P A Affidavit of Service Now, November 7, 20 06 at , -' 8 : 510' clock A M. served the within Notice & Complaint upon Charles Weitkamp m 1680 Hominy Dr. Newport, PA 17074 ( Oliver Twp ) by handing to Charles Weitkamp- Defendant a True & Attested copy of the original Notice & Complaint and made known to Him the contents thereof. So answers, Donald E. Smith ~.e--r.<U._ t ~ Chief Dep. Sheriff of !ferry County, PA COSTS SERVICE MILEAGE AFFIDA VIT $ Sworn and subscribed before me this 1HL day of kj~ , 20 ~ NOTARIAL SEAL MARGARET F. fLICKINGER, NOTARY PUBLIC BLOOMFIELD BORO., PERRY COUNTY ttf1 COMMISSION EXPIRES FEB. 16,2008 $ . " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No.: 06-6328 VS. PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT MARY E CHESTNUT Defendant 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, P A 15219 (412) 434-7955 WWR#05468214 IN THE COdRT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. : 06-6328 MARY E CHESTNUT Defendant PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, MARY E CHESTNUT, in the amount of$1983.22 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & RBIS CO., L.P.A., MARY E CHESTNUT , By: ~c:-~ Defendant .." \. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DNISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. : 06-6328 MARY E CHESlNUT Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR mE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, MARY E CHESlNUT, above-named, in the amount of $1983.22 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: 1. Defendant admits indebtedness to Plaintiff in the amount of $1983.22 with continuing interest thereon at a rate of6.00% per annum plus costs from OCTOBER 11,2006. 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, MARY E CHESlNUT, in the amount of $1983.22 plus continuing interest thereon at the rate of 6.00% per annum from OCTOBER 11, 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) $105.00 due by DECEMBER 12,2006; (b) $105.00 due on the 12TH day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. 4. AI~ paymerts are to be made payable to the order of "CAPITAL ONE BANK" 5. All payme,nts 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 ~o be legally bo~nd, the parties set their hands and seals this ~ day of If m, 20 0(. WELTMAN, WEINBERG & REIS CO., L.P.A. r ~ By: ~~~ L Defend , MARY E CHESTNUT p ~ c- i. ...c 'Q . ~ () 0 r--) a = = -n r --..I ~ ~ <- -t ~ :C:::o ~ rnr- -4 ...... -t'J D"J ~ ~ N - n '-" ~ ........ w ~~~t u Vv -() E :r,~;'\) ... ,~ ~ on1 f - .-\ .:t::- oo :ij f'.,) \..0 :< _..<~ .~ - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL DNISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. : 06-6328 MARY E CHESTNUT Defendant NOTICE OF JUDGMENT OR ORDER TO: () Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order yr Judgment was entered against you on ....J::lL~ ..?..~ I 'J.667 (xx) Assumpsit Judgment in the amount of$1983.22 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 MARY E CHESTNUT 121 E SOUTH ST CARLISLE,PA 17013 :i~a~~