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Home My WebLink About06-6470IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: ab -0 0 vs. lr COMPLAINT IN CIVIL ACTION JOHN J WALSH 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 05467730 C A Pit DKB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No JOHN J WALSH 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 4190 SYOSSET , NY 11791 2. Defendant is adult individual(s) residing at the address listed below: JOHN J WALSH 141 BRIDGE ST NEW CUMBERLAND, PA 17070 3. Defendant applied for and received a credit card bearing the account number 5291151864545866 . 4. Defendant made use of said credit card and has a current balance due of $1853.58 , as of October 27, 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 25.9000 per annum on the unpaid balance from October 27, 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 , JOHN J WALSH , INDIVIDUALLY , in the amount of $1853.58 with continuing interest thereon at the rate of 25.900% per annum from October 27, 2006 plus costs. Jam s C. Warmbrodt,42524 WE , WEINBERG & REIS CO., L.P.A. 43 S venth Avenue, Suite 2718 P- tt urgh, PA 15219 Y41 434-7955 412-338-7130 0 67730 C A Pit DKB This law firm is a debt collector a?Aempting to collect this debt for our client and any information obtained will be used for that purpose. rN Surf up to 5x faster nh d Fl4EE Accelerator tar the first 12months! -a $W value! 1-888-587-9669 Mention Offer Code: DOLLAR Visit www.peoplepc.conVgo/dollar oos UNLIMITED INTERNET ACCESS PeoplePC Online offers the features you would expect front higher-priced Internet Service Providers; including: 19 Virus Protection riveered b} SymantecTu (j Pop-Up BiockerT11 Spam Controls 4W Smarter Smart Dialer Technology ® More Email Addresses ® t; Internet Call Waiting Papitat ( riW- Account Summary Previous Balance $974.11 Pavments, Credits and .Adiustments S.OC' Transactions S64.OO Finance Charges $2;_58 New Baiance 51,054(29 Minimum Amount Due $1,05469 Paymenr Due Date !anturn 2-, 2004 Taal Credir Line $500 Tot.' .Availabie Credit SAO Credit Line for Cash $500 Available Credit for Cash L00 At your service To cell Customer Relation:- or u. report a lost or stolen card: 1-800-903-3637 Srnd payn?env. to: Send inquiries ra: Attn: Remitt-Frocas;ng Capita One S-i- Capital One Smien P.O. Box 85747 P.O. B. 85OL5 Richmond, VA 2327f Richmond, VA 23285-5015 $29.00 35.OC? Finance Charges P!eare,ee rtvnie ride fo imDOr ant in{mm?ion Q saian?.rar, Frrmda ,. ):'j]?ANCE M sp?a,nF CI?I,I2GE apniud tc gpF c PURCHASES S1-,013.49 .070969, 25.909E S21.58 CASH S.00 .07096% 21.9096 S.00 .ANN'UAL PERCENTAGE RATE applied this period 25.90% V PLEASE RETURN PORTION BELOW WITH PAYMENT. Q*glajow- 0000000 0 5291151864545866 23 1059690050001059691 New Balance El 059 69 Minimum Amount Due $1,059.69 Payment Due Date Ianuarv 23, 2004 Total enclosed $ Account Number: 52 91-151 8-645 4 5 866 Cap-ita5 One Bank ic? !!! P.c. Box 85147 61u116nn6611111 R rimond, VA 23276 IemLLdlitaldlimmlmlledLmmlLmmllemelLmmlinmllmmmllaeel peoplepa online u A better way to Internet. GOLD MASTERCARD ACCOUNT 5291-1518-6454-5866 NOV 24 - DEC 23, 2003 Page I of I Payments, Credits and Adjustments, This is our thud and final notice that your account is serioushpast due. Payment mus` be received within 72 hours tc avoid action by our collection department Transactions 1 24 NOV Ol TRLIMJT FEE 2 23 DEC PAST DIIE FEE You were assessed a past due fee of $35.OC: on 12/23.'2003 because vow minimum payment was not received by the due date of 11%23/2003. Tc avoid this fee in the futare, we recommend that you allow at least 7 business datF for vow pavmenr to read, Capital One. Pi-prmr -imr adirm a d- anti; clime, er<oe, wmg blur or bled _ _ Art r scarf ... om ? on,r. el.eraar- Pn, a. ¦? #90356158989"_6084# Mk2L 1Z NUMBET, JOFIi\ J WAI.SH 1D 141 BRIDGE ST NEW CUMBERLNP. PA 17,!70-2124 {temllLiillltamlmmmlllitemmLLeil6,liLlee{.Immlmmmllame{{{ Pleats unite vow-i number vn your ch¢k , __ order ma¢r 9avab& tc Captal Gnc Bunk and tai:' in res enciaed en:teiojc r peoplepa online NI-1-1 A better way to fntemet. UNLIMITED INTERNET ACCESS 1 .888-587`9669 Mention Offer Code: DOLLAR Visit w"!.peopjepc.com/goidollar earl is solely responsible for this cotta:, and a net afhtiated with :'al One. Capital Orw does rat pmvip6. endorse o; guarantee. and is not affiliate: wil am" product or service shover: here. Any trademarks mentioned herein are solely owned by tree misoactive entity. Al rights reserved. By resppndnc in this offer. von may be commurnicafing uAOmrafior abou' voul It the company fro' Drovdil thin produc: - for example. Ilia: vol are a Capital One custcmel. .Cewei Online: crq, : months are Diller a'. $4.9% per month: $9.95 per month thereafter Otter available to new die-uc suoscdoers a:. leas' 18 vears of age and may not be redeemed oriel:. any Other, offer. Ohe- subject to change a' any time. Pnone m mb;-e! supper, ava'fable to- $1.9r . per mlfbi TAcceimam' IS tree to' is months. Ofie, gOpo icy Ietliteg lima. Alta, tote his: monlns, the Accelerated sarwce veil autumati reler, to the stanom, Peoprel Onhre service. Offe+suaect to stenos a; "arse. Witt, peddledC OMrlr Accelerated,main Web page ter. and graphics will load taste" wnw compared to standaro dial-1)Ti interne,. service. Actual r^.sun mar- vars. PecoleP Oreina Accelerates o only compatible with Peorl WITS. im_rneuervlce and `pealed Wlnocav-4 browsers PeomePC. Oniine Accelerated is no, comoatible wits Wmdwrss 95 wih, IF c.E. Set, Service no: avaiable in all areas. Access fees, taxes. and other fees and msmalons mat' abpiy. Telejorr ine tell cfarges may apply., wen during Inal perioos. Yon are responsible for cetermirnnn wnemer, a cell to one of ou, access numbers veil resat! in teiepnorre toll aarpec. Access may be limited, espedialh, dung times of peak usag•_-. Diai-w numbers may be „hanged at PeoplecC's dscretlor, Continuous use subject to interior. orllcadwer. Al! use is subect to PeoblePC Online'. Services Agreamml are AcTeenialie. 'use Po m, 55K is the maxnnum Sneed of service. actual speed may' van. E' 200-, PeoplePG ins AI. Rights Reserves PeodeK Cxdmc- and its logos are trademarks c; PeopiePC r the L: antl othe• countries 2rC Capital One Services, !rw. Caprtar One rs a teaderalh, regustered service man;. All rights reserved. ?l + lbw 71 Avid . You Fill will Chw- . Ghee Pried. have a roinmurd grace It... Of o: medodre rate . To obtain the average daily balance for the billi vwr account it IT has already been cleared hr example 25 tleys how finance charge on new purchases, new ng period ob,a ed by INS statement, we Cake tths begrmirg balance of each se ment h d . , it you authorized a purchase fiord a merchant and was d halance transfers, new' ?eciel purchases and new inner " g eac er, add any new transactions to each aegrnent, eFit subtract any payments ve the transarnrx, from the mercnam sitar you b charges if 'ou pay your total h New Balance", in or credits. (If the cage N appears the from of this account has. een closed, vwr a will do reopened the amount of th h il d wit me the Implrtent Notice for payments below', in t - and in b f t i atammam hen ro "Balanee Rate April To.- we alas e c arge w l b, adtled to your account and you will be res n l f i on or ime f ID be credited by your next damMt oairg date. There m no prate Deriodve c h d sublram any unpaid finance i3.19e InGlWect in [he balance rio si e or paynlem 11 there is Membership fee for your account the at, will wntim e^ as vances a d spacial trenaters. In etrdnion, there is no grace period o1 earn aegment.r TMs gives us the dein balance of each segmen,. Then wis add Up sl' the daily bal f h . re a be -harped. to the extern permmed by law, until the on any iransamind if you do non pay the rota) "Nave balance , ances or ... segment for the billing period antl dvide by flits total count balance has been paid in full as defines above 7. U aip Your Aeeantwr rem or acco nt - b. A.-AV Falaae Ch.". did, Transactions which art number of days m rile b1 1.9 penotl This gives us the avenge daily balance of h s u cannot tie u etl in nectio conn waT any intents[ gambbng Flood 11 c n alit- m 1o a = I, fina d grace P period are assessed nce charge 1) eac segmen. 3. A-1 Pwewltape Rau IAPRI In neacrius . __ : trom the date at the transaction or 2) from the date the nsaor on. is proceed A . a. The term 'Annual Percentage Rate- may appear as - ' BILLING RIGHTS' SUMMARY Io your ccount or 31 from fhc - first calendar day of the current billing penud Additionally AOR on the from of this slalemom b If th P P d lln Case OI Er re Or Cluestidns Abu. Your Bill; . , Vw did net pay the 'New balance' from the previous . e ce ( e rime) L (3-mo. LIBOR), C (Certificate of DePOSni, or S (Bankoerd Prime) ap ears on th f f If you think your bill is wrong, or it v1 need more, IF log mill In hill, finance charges comirwe to .__ in p e rom o INS .smarnem next IV the periodic reels, the en odic information or. P transaction or bif,, wine ID us on a i your IrtpaiC halarae. until the amps d balance is partl in full. TM , p rates and conesponding ANNUAL PERCENTAGE RATES MPamle S r- as soon our possible FIT the address for in uirie h rice s means Ihet you may still owe fire charges, even it you pay the entire Ne B l may vary gwnedy and may increase or decrease based q s s own or. me fr- of this statement We must hear from you no laser then 60 da s aft It w a ance rndcaled ve the trout i your sraternem b the next `[ o on the .,ad indicgs, as found The Walt Street y er we Sam vw the final bill or tire error or problem a r e d Y y element c oing date. OUT Md not do so for the previous month n U id fi C Joumef, plus the mars, previously disclosed To you, . pp a e . ou -an. call ou Customer Ralauom number our d ill w . pa nance harges are dd.' t the applicable se m f A These changes will De attentive on the firs) day o1 your , l w n preserve your fights In yowl liner i ve ua se, f ll i g In o o your ccount t . t c. Mninlan F `nee I? Chool For each billin c eno Fl o bil llnp period covered by your periodic slatemem ending g , o ow n Informed- Vol name and eccoum manber the oollar g p m a i your .-m is sublem no a finance char u r e the months January. April, July and Omob I , amount of the suspected error. a deKcnption of the error g , m = ota, FINANCE CHARGE of aC 5C will be m d If h c t the ode C (Prime). F (1-mo. UBOR, pI G 43-inc. and an explanation if possible o? why you bNieve ther i e . i pose . T e final ce chain resulting from the application of your d UBOR Repriced Monthly) appears pit the from of your sl ,-.n, hex 1. me periods net (s) the Periodic rates , e s en error; or if you rued more information. a doscnpt h of the item peno IC consist ' less than $0.50, wor will nlbiram ln.t s s a wit; h r : and contest, rating ANNUAL PERCENTAGE RATES You are unsure abmn. You do non have To pay any amount i n question Mlle in orn T ie minimum and bite diterence will be • billed to the p hose se ment 1 wr P vary, monthly and may increase or decrease based on Vine we are ga pg Vou Uun vesti ti I. ere mill Obligated pay the parts of your that are bill T g eccoum Y a> i d ary n n Farman Chase. We reserve the stated g r, in The as fourrici Y Street Journal, plus th i i r o ro, m question. While While investigate war -- assess i oG sae`s any or all finance charges for any given Fight iN b pa I. o, prev e marg ously n cti n Te dlfide, day yw. changes I; be effective on the fim day of vw:_l biliperiod qu action SO lm report yw as delinquent or lake any amio m colleen the smwm ring n _ 2 Average Daily BNarae Ilncktliig Naw Puremosasl. IcWated by multiplying the dall e is a rr each month. d. Asaanmooa of Lae, Ovarfimh and RaMhrd Paymae Fans. v you question. t Speori it Rose For (r d C d P h 1 O y g balance of grnent of vwr account le.g., rush wr accolmt vAli be assessed no more than two of flit fees listed here that occur during any billing period Under the e t ar urc ases ? I? advance, purchase, special transfer, antl spedai purchase) by the corresponding Telly eriods ralels) th t h b . terms of your cuatome+ agreement . we remote the right to 11 you have a problem with the quality of property or p a as een '., prewoZ cisdosd TV you. Al the end .1 eater day Turing waive or not to assess any uses without prior not "'go to ifi ou without i i i sandcae thin you par-hosed worth a credit rare no you h the billing perod, wo, apply the daily penodc ate for each y wa v ng our r ght to ease`s the same , similar fees at a Idler time ave tiled In good faith to cone, 9. problem with the mercha = segment Of vwr eccoum to the daily balance of each . 5.tRwuwag your Acmaed. If a membership tee nt vw may have The right non to pay the remaining amount, due on the property or seances Y n hi - segment Tfh- the end of The billion period, we, add up, th ul1S of de, d il wears on the, hem of this sUr addsl you have 30 ou ave t s PdVmCU- dray when the purchase price was more than e - s a y celculatives td e roori m your la ,odic finance charge for Sol segment We ado up the days from the time pros aatament was. mailed In ou to y avoid i h f 650.00 and the purchase was made in your home slate or . results from each segment to arrive at the Total Tends pay ng t e ee u 1d have such fee credited to you if you dance` you ; Dunrh this ri d c wafnin IDo miler of your mailing address (if w, own or operate the merchant o it i = finarue charge for war account To get the daily balance . g pe o yw may domino, to use yw ac Mond wathorn h i h , r we ma led you he aciver icremen! for t1 for each Segment of your accelm:, will take the beginning av ng to pay t e membershp fee. To cancel your eccwnt you must 1e property or se vices aft purchases are covered regardless of wt or location of M balance for deco segment antl add any new T.-.i- n and ri d fi family us by calling our Cuaamer Relations Depammem pur ase.1 Pleasc remember to Sign all correspondence a y Pe o s rlarlceUarge calculatetl on the, previous be y'a balance for That W and pay -, 'New Balance- in hilt iexciudin the . agment. e then subtract any ettt -md 1s posted as of FORT da that are ll d g membeshp feel prior to the and of the tMRv-day period. 6 If Y "r Doan no, epee, to cnnsunar omit-credrl card accounts' TV r :A_ y a ocate TV lbld Tehis gives us The separate dally balance for each segment If vwr account. HDwSo it you paid the . ou Close Yew Ae"'i Yw can request 1o dose Your acdnimt by Calling our Cusmorden RN tinrts De ortm t V 1 Does rim apps, to husim- ran-credit caa' ac Is, New Balance shown w your previous atioemem in full (or p en . uu must tlestroV vwr crag, camis) ntl cc access checks dance ell preeuthonzed billi i' your new balance was zero or a credit amwntl, new i , ng, and ease te,i g your account If you tb rim cancel you One slppons minrmation privacy prptemirm'. see nor Gap1i tree sacl to wril pus, To your purchase or special purchase se m t preaudonzec billing arrangements, will conarder I websile at www.capnelone.cdm g en s are nor coded to pa daily balances. We calculate the avera e trait b l b receipt of a Charge vwr eurth."Ini on To reopen your C pit„) One it a federally reprs[eretl servile mark i aplial O ' g , a ance y addng all the daily halance5 together aM dividn tha b h r account Atldninnally, your scemxT WWI rim be closed ne dial CoR +dreuon. AI . dome .served . d 2002 C t O l O g s y t e, number o Q the days m tyre cunem billin l T until you pay all amounts you owe us ireful any en ra ne g cyc e. o caosae vwr liner finance charge, multiply your average daily balance b the lrarsamiorva you have elttfonzetl. finance charges, pas, d f - y C daily period. rate and by the number of diva in the billing ue ees. ovorm h tees r une,tl payment tees, ceah advance fees and any'", tees asaeased to r period. Dap to rounding on a daily basis, there ay be a slight variance between this calc l ti d h m you acdoum. You are responsible for these amounts whether u a on an t oun, of e a 1. fiance cha ge emually assessed They appear on your at-- a, the lime - request 10 l r c.. t. ^t tte, lode . or N aloe rs on the from of this statement ri c ose The, accoun or they are ohrwned subaequem t your request to 1111, the ecewnt TMs maV rear it in d e n It Balance Ra Applied To. na oruttiplY the ra ae daily bale on . =1 P a^ B blur accwm a y` h lter egmem by vw no 1s m f etl tfhe ac^ouan o o t o d ot it Boo Ot LGLBAK 432B6M frrportlird pashas: Your pa diem will be Sredoee to vwr -c -.m as of the date we rereive it, proWtled you send Me bottom Pont- o' this amiemen, and you: Check , the e rhdlaetl eminence envelope IS antl your payment reeived in our p easing Banter by 3 p.m. Payments adifiessed m our Virginia Or Georgr processing renter must on mcana, ve a b__. day by -v. Elands Pa reymceients by bessed ono wr Washington 1 mcesSing center must be received con a business day by 300 p.m. PT Please allow at tease five fit business days for postal no 1days VS Ple received b i be at any Other locative or in anmhei torte may net be credited the same tla, we receive them. Our busineas days are Monday through Saturday, xciudrg . ase do oar use staples, paper clips, etc. when preparing your payment When your send us check(, you authorize Is to make a one-time elemronic transfer debt: from your bank accoun, for the ammnf f the check. Thla aushonzation apthplies to all checks received during the billing cycle even if Send by Someone else It we sabot process the transfer, you uthonze us to make a charge against your bank accoum using e check, a paper dmh or .,her item. VERIFICATION The undersigned does hereby verify subject to the to unsworn falsifications to authorities, that he/she is 4J\e'n V of T LE) 'L;a? of 18 PA. C.S. 4904 relating rwn plaintiff herein, that ANY) 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, information and belief. ( GNA URE) WWR# &/--Lk S ? 10 }~ V C _.l T 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 06-6470 CIVIL TERM JOHN J WALSH 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 Ah4zkic" 8", .Z 0-0 (xx) Assumpsit Judgment in the amount of $1,883.72 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 JOHN J WALSH 141 BRIDGE ST NEW CUMBERLAND,PA 17070 By: PRO ONOTAR EP Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. JOHN J WALSH Defendant No.06-6470 CIVIL 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. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05467730 e? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. JOHN J WALSH Defendant Civil Action No. 06-6470 CIVIL TERM PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, JOHN J WALSH, in the amount of $1,883.72 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., By: Attorney for Plainti JOHN J WALSH, By: Defendant WWR#05467730 , *IV IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 06-6470 CIVIL TERM JOHN J WALSH 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, JOHN J WALSH, above-named, in the amount of $1,883.72 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 $1,883.72 with continuing interest thereon at a rate of 6% per annum plus costs from NOVEMBER 20, 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, JOHN J WALSH, in the amount of $1,883.72 plus continuing interest thereon at the rate of 6% per annum from NOVEMBER 20, 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) $250.00 due by DECEMBER 20,2006; (b) $250.00 due on the 20TH day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. .11001 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. 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 ?1day of?, 20 WELTMAN, WEINBERG & REIS CO., L.P.A. By: Willia . Molczan, Es #1e PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 05467730 By: (11_? - Defendan JO A H ~,?p C75 Q C7 ..` ' -TI CC) r W ?.. C.?s S., Q SHERIFF'S RETURN - REGULAR CASE NO: 2006-06470 P COMMONWEALTH OF PENNSYLVANIA: COUNTY 01, CUMBERLAND CAPITAL ONE BANK VS WALSH JOHN J RONALD E HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WALSH JOHN J the DEFENDANT , at 1838:OC HOURS, on the 9th day of November , 2006 at 141 BRIDGE STREET NEW CUMBERLAND, PA 17070 by handing to JOHN J WALSH 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 15.84 .101 Affidavit .00 1071 2013V Surcharge 10.00 R. Thomas Kline -00 43.84,/ 00/00/0000 Sworn and Subscibed to By: before me this day Deputy S eriff of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. JOHN J WALSH Defendant No. 06-6470 CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA. I. D.#47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05467730 1. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 06-6470 CIVIL TERM JOHN J WALSH 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. Sworn to and subs,crjbgd before me this day of S temb r, 07N ARY PU C WELTMAN, WEINBERG & REIS CO., L.P.A. By. William T. Molczan/squire PA. I. D.#47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #05467730 TiiOFPYl.4PM C0WXWhVX No" aw t A?egcrapon of ?t.:r? T? tk oo Z cra- _.. f,.