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Home My WebLink About07-0584IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. ELIZABETH B FANUS Defendant No: 07- SPY 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 05701677 C A Pit CXC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. ELIZABETH B FANUS Defendant Civil Action No 0, .7 - 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: ELIZABETH B FANUS 1128 PETERSBURG RD BOILING SPRINGS, PA 17007 3. Defendant applied for and received a credit card bearing the account number 4388642071578614 . 4. Defendant made use of said credit card and has a current balance due of $1132.40 , as of January 12, 2007 . 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 14.900% per annum on the unpaid balance from January 12, 2007 . A copy of Plaintiff's STATEMENT 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 , ELIZABETH B FANUS , INDIVIDUALLY , in the amount of $1132.40 with continuing interest thereon at the rate of 14.900% per annum from January 12, 2007 plus costs. James Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 eve th Avenue, Suite 2718 Pitt bu gh, PA 15219 (41 ) 4 4-7955 F 4 2-338-7130 05 01 77 C A Pit CXC This law firm is a debt collector ae?6ting to collect this debt for our client and any information obta n d will be used for that purpose. flow 11011th FREE Accelerator for tle Oust 12 monBest-a $W value 97 ?? a uu a month for B SIGN UP TODAY! ' 1-888-587-9669 Mention Offer Code: PEARL Or visit www.peoplepc.rxan/go/pead peopiepcn online 1-01 A better way to Internet. PeoplePC Online offers all the features you would expect from higher-priced Internet Service Providers, including: ® Virus Protection Powered by symantec- 4US ® Pop-Up BlockerTM Spam Controls ® * Smarter Smart Dialer Technology ® rV More Email Addresses dgp ( Internet Call Waiting Capitalowis Account Summary - Previous Balance $720.77 Payments, Credits and Adjustments $.00 Transactions $64.00 Finance Charges $9.55 New Balance $794.32 Minimum Amount Dux $794.32 Payment Due Date March 15, 2004 Total Credit Line $400 Total Available Credit $.00 Credit Line for Cash $400 Available Credit for Cash $.00 At your service To on Customer Rastions or to report a lost or stolen c" 1-800-903-3637 For free online ace unt sersce and special antoma offers, log w to: www -Pddone - Send P.l nenu to: Send ingi is to. Arun: Remittance Ptomsing Capital One Setios Capital One Services P.O. B. 85147 P.O. Bar 85015 Rifimoad, VA 23276 Richmond, VA 23285-5015 Important Account Information This February Capital One a in the movies! Watch Ebert & Rm?a to see their top movie picks and visit EbertandRoeper.ty to see how you can get involved and learn more about Roger Eberfs 6th Annual Overlooked Film Festival. GOLD VISA ACCOUNT 4388-6420-7157-8614 JAN 16 - FEB 15, 2004 Page 1 of 1 payments, Credits and Ad' tments Transactions 1 16 JAN OVERLIMIT FEE $29.00 2 15 FEB CAPITAL ONE MONTHLY MEMBER FEE 6 3 15 FEB PAST DUE FEE 29'00 Your purchase APR has been returned to your previous fixed rate of 14.9%. Beginning with your NOVEMBER billing period, your purchase APR will be reduced to a fixed rate of 7.996. -Important Notice" You were mailed an Important Notice Of A Change In Terms in your February 2004 statement or were sent one in a letter from Capital One in February. if you have any questions, plcase call the customer service number on the back of your card. You were assessed a past dux fee of $29.00 on 02/15/2004 because your minimum payment was not received by the dux date of 07114/2004. To avoid this fee in the fimre, we recommend that you allow at least 7 business days for your payment to reach Capital One. EXHIBIT 3?n 3 Finance Charges Pkmeree reverse side for important in/ormaum karate Pnitr d CHARGE N $75457 . H?HHASES &Do . 040929. 14.40% 040929. 14.9096 $9.S5 $.00 ANNUAL PERCENTAGE RATE applied this period 14.90% PLEASE RETURN PORTION BELOW WITH PAYMENT. Cap"Ow 0000000 0 4388642071578614 15 0794320018110794321 New Balance $794.32 Minimum Ammmt Due $79432 Payment Due Date March 15, 2004 Total enclosed $ Account Number. 438"420-7157-8614 P/ areprint stailiad add r and?or r?rail rkmhda brlom asiredbha w BLrck ink sweet Apc e City swe ur Home Phone Al-- Phone 0 E-A Add- #9004664837124700# MAIL ID NUMBER ELIZABETH B FANUS Capital One Bank .-+ 1128 PETERSBURG RD P.O. Box 85147 BOILING SPRGS PA 17007-9509 Richmond, VA 23276 In Pleau writeyour a,unmt number m yow cbak or money order made payabk to Capital One Bank and mail in for emAmd envdope r peopleprw online u A better way to Irderrlet. ELIZABETH B FANUS 1128 PETERSBURG RD TED INTERNET ACCESS SIGN UP TODAYI 1-888-587-9669 Mention Offer Code: PEARL Or visit www-peoplepc.com/go/pearl N O 0 m do e r N pwplePC is solely meporable ferd16 der, t d is not of bed with Capital One Gapdal am does not provide, endorse or parable, and a not mildan d with, any V- a senttce dloan here. Any badernterldi rtrantional risen are sally oNW by the msspediee reedy. AN rights resented. 6y mapandnp to this Oft. YOU may be CDMU te6ng information AW yol.sen to to company dial provides to product - for example, d"d you se a Capai &W pntmer. ?mplePC Ovine: Faso 3 morila - hied at $497 per month; $995 per mono thereafter. Oder ay Wh to new ddq p mdsto bars at lug id years of age and may not be redeemed with arty otter odeL Offer subject to change at any tins. Phone tedricel aappmt mile* for $1.95 per Inlue. tAcodvalor is hea lot 12 rtladlw. Offer good tr united tune. Abler the first 12 nnrMs, ONi Accelerated my" will aatomalicay repot to to standard PeoplePC Online service. Offer abject b change al anytime. Witold PeoplePC Online Accelerated, codes Web page lane and graphed aid loadtowwhen otaltared to standard did-up hdernert senrce. Acted mMs may very. PeopleM Onine Accelerated is only compatible with PeopleM Ovine Internet service and sp=rW Windoet® Normans. PmolePC Online Accelerated Is not compatible with Wmdima® 95 with E 55 SP2. Service not avdable, h erg arm. Access fees, taxes, and Mho fees and restrictions may III Telephone ION charges may appllt even dung hid periods You we responsible for dalenrvdn9 W wdw a dl to ante of err amen rumbas wi melt in belaphone WI dlagea. Aoxxd may be line d, espaday durN ti ms d peak cBege. DA-W natters may be cherged at PaoplePC's dBmaial. CamtnWUs use subject tofimeout pmcedxea. Ad use is subject to PeoplePC Onlme's salyloseAgreamat aidAccept" UssPolicy. 56K a the maximum speed of served actual Wood may vary. 0 20D6 PaoplaPC Inc. AN Rights Reserved PeoplePC Onlne, and its logos are trademarks of PeoplePC in the U.S. and Cum Cmmbles 0 2006 capital are Services, bit Capital One is a leaerally registered service mark al r des, reserved. Periodic cafe. To obtain the average daily balance for the period c horsed by this stmentem, we take the bepinrhp bdanc?e al gait segment won day, add any new trarhs.emrs ro each separate. and muract any payments or cFedkm (N the code N appease on the tram of Vat Nero Internet norm to 'Balance Rete Applied To: we abima dry unpaid Greece large kekabd in the bsistce :=11=vs, This glues us the daily DNanee of each add up all the =balances for each ==i%:. being period and 11,4 by to total s in the bWft period. This gives us the average daily balance M each segment. odd Paoatap. ? IAIrRL Th. corm 'AnmaI PaWAM a Rne" nay appear as 'APR' on the front t tea ptemtn. b. If tre cads P fPd-A. L 13-nm. LIBOR), C ICedficete of Depowl, w S IBanrtrard Primal appeal on the from of this p.. cext t: tha pedotlk ramisl, the pedode rata and cnneap:ndg AINt1AL PERCENTAGE RATES may vary caanedy sod may Imes- or decrease based rha oared ihdisse, m loud ar The Wee Surer J.-K pie the maNh Aft a y dlsdcesd ro yW. Them d?rpet wW W eNecaye on tie dm asy of Year hphg pe= Covered iW Vm periodic Instrument analog in the moMe January, Apes, Judy and October. c. If the code D (PMel, F 0-mo. LIBOR) OF G (3-mo. LIBOR Rap&W saodev) appease on He load of your musessont From to 0. and commpodng ANNUAL PERCENTAGE RATES mayor wry madly and -V In creams or decrease based on rue stud hdicas as food to The Waal Saw imnsl, pin the margin prehlady &@closed to you. These chases 1 he effective on the fire day of your biting period mmb, d. Ass mmd of Ltd, Overseas and Ralransd ==.F=;. Your accouM was be eseead ce pane dap Bold ham that occur, dekg any hnNhg period. Under the terms of your cisrorn r apmmod_ we maerve the Fight to -w m M to assess my fees wet -I Palo notifieation to yma w khmd waivers or right to as.eas the pone OF similar imp an . lase rime- 5.tRanhssvkV Ymr Account. If a nro bers* lee appeam on to from at this Wtemad, you haw 30 days from the dole this aolemat "a milled to Yon In awed Paying the ke a to law such f- oedted 1. V- if you cancel yea actors. Doug Ws period, you may dxsnkra to Ise your acme wldhna he," to pay the you manbeosL$ fee. To Cuanoner Remises o tome wB notify ha by casstg ou and ==%:) Newr Balance- in ere lexdudq the mmpdo to the red of iha tlirty-0sy period. Class Y-r Assistant. 6. ==Y%= RYwm You dam s dose destroy Vora credit card(s) and accocst access; dotes, canon all pro-t odzed Idling, and cease!!6r!? ?Y?o?n ::;=, you do rot cancel Praautih dbFd 1ee"a a, - will consider receipr of a charge your -hudzmrm m reopen your aeaout. Additionally. You axon wse rot W dined all you pay ad -mats VI owe ban kF=ng: arty carne boor you haw authorized. f recce Barges, Pm due ten, owaisk fides, mused p.Vmem fees, cash advmea fses and airy odor fees asseesed to your accout. Ym am nspon -. far these :mans wdrethen they appear on Your account m the amt You request to dose the account a they ae homed absruquan to your request to dose the attune. This may mall in chasm appmring an your acoat aher you haw your accoum If it has already been dosed. For example, if you audmft d a pwdhast ban a merchant and we receive the masse Lion from Aar merchant she your -count has been dosed, you axohn will be reopened, the amaan of to charge wit be added to you accoum, and you will be responsible for peymem. If throe is It m-bN'tap fee for V- ax:an, me lee to W rpd' to to mdem pannhtd by III,= bdnso has been paid in hull me defined above. 7. U FrV Yon Aces nt.Yar card or accent unrest be used in correction wish arty ksenrat gambling transactions. BILLING RIGHTS SUMMARY fin Case Of Emma Or Questions Abaa YWr Bill) "=.#L- Vera lie is wmg, or if =71- hon • trerhssotion or cll. on a sepanme meet as mom as posalbie a the ad&- kit intiones shown an the troll of this mmelnan. We must hear form you no later then 60 days aher - sad you Its ice bid on wlhidh tha arm a problem appeared. You can tab Wr CUmonler Relation nxanber, Out doing m will not ppreserve your ogms. M your borer, giw hs the following ,oomesdon, your roue ad ace:rrs number, the dollar emaax of de an,apectd arm, a description of the error and an enplAration, it possible, of why you beiew there is emer; or it you need more info-bon, a description of the item yW m Freon about. You do not haw to Pay dry amant in quasaooh whsle r es, am investigating it, oar you arc slid obligated to fay the orris at yohu bid that ere nai in glteaUm While we inverstigae blur question, we carat report you as de squent w take any anion 10 collect the amass YW question. z,t Special Rule For Credit Card Purchases if you haw a pmWm with the quality of property OF services then you Purch.rad with a credit cad and you haw tried in goal faith W comaC1 dre problem with the merchant. you my how the right rot to pay the resting amaat der on the property or ser". VW hew s pme(tioh and vdhan the puroham was mod than within 100 miles of?WUrr marrg addreea IH wee down or or sperm the merdam, or 11 M mNfed you the adwdamers ton the property or services, as purchases arc hovered regardless of arson or location of purdhem.l Please remember to sign as corre po donhx. t Does not appy to mnater e, noo-cradlf card -owls z Does nap apyy m bushes non-cradR cad acco nts Capital One supports Information, pdvacy protection : see Wr web h. sit www.ctph-hroo.rxm. Capital One I. a tedatasy registered service mark of Capital One Rronsisl Corporation. All rights nemryed. 0 2003 Capital One 01LGLRAK !low To Avert easshss rebate. Period. . will law a grace pedal of 25 der 25 days w s &h.rce charge e on on new porch-, raw balance .helps t nsfert y- pa, new Tk+er set. and in cater , dagps t Vote, -Let the Important 'No. ew Balance in a t You pe with wit Ya?ate Nuke I. WNaer>ca below, and in due for it to be credited by your next slolemem closing special dale. Them is no Oraca Add on cash ahNanrss and end spa}al tnansfeca. In wort them is no grace pedal on any traradkn it you do do twit pay the total 'New Mater.' arc ass b. Aoanuhg Fir- Chega. Trameoinran which akjed to a grace period .rc m sewed Im- dregs n Iran the data of the transaction or 2) from the dam the t-criot la processed to Vora A.-IM or 31 from toe Rm calendar day of the Wreent billing Period. AddtroeBY, it you rid nt pay the -New Balance- from the Preworu bikg period in kdl, finance charges caekare to accrue 10 v- unpaid balance call the unpaid balance Is paid In full. This nhearan that you Feey' pit owe fires ce charges, awn if =','Y.= BNMCe in6camd on the pros of by the refs n memars dosing dte, but rid not do m tot the P-Arss month. Urpad finance Barges am added to to applicable asp mom of your Accost. t c irldni n t;vas Change. For esch bN" period that your account is subject to a trance large. a madman total RNANCE CHARGE of $0.50 will be imposed. If the mW *a- dung. peaking front the eppfiutim of yea periodic me(s) is lees than $0.50, we well aUlcao that amhan from to $0.50 mhnun and the difference will be bided to to WrWae mprhas of War accaum. t It. Tmrpanay RaAwlan kh r Cage. We ressrw the rids tonoassess any or all finance charges for any given 2. Awrbia? Period Dally Raba 1khekr=r? 1F P=1 • a. Rnahca charge a calkYlaad by nnltpldaily balance of each mgoars of Yea accede (e.g., cash dine, purchase. aped el mortar, and special purchase) by ties commapondirg daily periodic mots) that tee bean p-tiouNY disclesd to you. At to and of each day during to bgag period, we, apply the daily periodic me ice each legmem of your account m the dally balance of .itch w>Qnm. Then a the od of the btsrg plod, wit add rp the rssults of them daily cakulatiom m andw, 0 vow periodic finance charge for each sagment. We add tp to results freer each mpnaa to .rove at the total periodic finance charge for your accost. To get the dasy balance for each sagmem of yea accotn, we lake the bepkrpg balance for each segment and old entry nrew traealtion9 and my ppeerio=c limence charge cauxlatd on the prcvtoa day's balahrx. roes that s=cam. We than mboaet any paymats Of coc=a popd ss of tM ley that am allocated to that segmrat. TN. ghee ea the -parent daily balance for each stpndn Of your aCCOUt. Howewn, if you paid the New Balance shown on You DrehloUa satertam In ink (o it YOra dhow Wisnce rm zero or e erect[ lohhonaR), new narhsediae wfddh post to ym purchase or special pcachase segments as not added to the daily bal= We cahxame the swap daily balance by adding all the ha my Llamas logethen and dividing the am by the member of the dye in the anent bOM cycle. To daladm your total finance hangs, neINJOy your .-age daily balance by the daily periodic rate and by the -caber of days in to biting period. Due to mn=ng - a dally Wes, tam may be ¦ sfiftt wdame bet- dds ,caldxdarlon and the arioun of firhwcs t3arps MhasY .word. b. If the code Z or N appms m the from of this ppm- new to "Balance Rata Appild To,' we multiply to . 5031S Inrgadat Nrtids: YWr psymers win be credited to your accent ss of fie be we recatw h, PrOVitetl You nand the boom portion of this statement and your check in the aloud Iadnahca anvNape, end year payment is received n au proeeaalrg tinter by 3 D-m. Payments addressed to - Vhgir" or Georgia PooCesalrg cuter must be received on a osirhess say a blarhw deal by 3:00 P.m. PT. Please allow at least eve 151 Wsiress lava for postal by 3:00 P.M. ET. Payment esdressed m orr W,mhin, ton Processing career mesa be received or daliwry. Peymdans reedvd DY us st any other locatim or in anhpAher cam meal not be cra=ted the sense dal use receive them. Our business alp am MandaY anongh Saturday, excluding hudidys. Please do rho else =1 ps roc. when Preparing Yore P.ymem- When ye"' aehd ea a deCklsl. you authorize hs to make a ore-time eleom ro transfer tran er, your Wrhk accent or tW amaet of the his authorization applies to all derclo mcelwd a," ere cling cycle even if s rs by anomoms Nx. If we esmot process the tremter yW authorize u to make a large against your bank accru: hang the check, a paper draft or other hem. D45 to W avhars: In yo1W am ow- Your account is about to receive the worst credit rating - an R9. Your account is close to being charged off. • The result is an R9 rating - the worst credit rating of all on your credit bureau report. • It may prevent you from getting credit cards, an apartment, a cell phone, a car loan - or even a job - for as long as to years! • An R9 will limit our ability to offer you financial solutions. • You will still be responsible for repaying the debt. O 2003 Capital One Services, Inc. Capital One is a felt Good news - it's not too late. • Call i-8oo-955-66oo for payment options. • Pay with our free Check by Phone service- • if you have online access, log on to your account and pay now at www.capitalone.com. • Ifyou prefer, simply use the remittance coupon below. service mark. AS rights reserved. 045-0303 Capital oW VISA GOLD ACCOUNT 4388-6420-7157-8614 DEC 16, 2003 -JAN 15, 2004 Page 1 of 1 Account Suit niffly Payments Credits and Adjustments Previous Balance $652.18 Psymems, Credits and Adjustments 5.00 Transactions Transactions $64.00 x 59 1 16 DEC OVERLIMIT FEE 52900 Finance Charges . 2 15 JAN CAPITAL ONE MONTHLY MEMBER FEE 6.00 New Balance $720.77 3 15 JAN PAST DUE FEE 29.00 Minimum Amount Due ment Due Date Pa $720.77 February 14, 2004 You were asxased a past due fee of $29.00 on 01/15/2004 because your minimum payment was not d h y at you t received by the due date of 01/15/2004. To avoid this fee in the fimre, we recommen Total Credit Line $400 allow at least 7 business days for your payment to reach Capital One. Total Available Credit 5.00 Credit Line for Cash $400 Available Credit for Cash $.00 At your service To mn Code- Relations or to report a lost or stolen card: 1-800-903-3637 For free, online acrount suvi« and sp. iW eustomer of , log on we -eapitalo.-no send Pgmenb to: Send in iniria to: Attn: Remitm-Procening Capit.1 One Services Capta One Sw i- P.O. Bon: 85147 P.O. Bat 85015 Richmond, VA 23276 Richmond, VA 21285-5015 i n Finance Charges Xwemere jeli&Cfirimp rtantt lm7ntent ionn m r ti j ] ? CHARGE J PURCHASES S683SS .021641A 7.90% CASH f.00 .04082% 14.90% f4.59 $.00 ANNUAL PERCENTAGE RATE applied this period 7.90% PLEASE RETURN PORTION BELOW WITH PAYMENT. Caps'/ Gw 0000000 0 4388642071578614 15 0720770018110720771 New Balance $720.77 Minimum Amount Due $720.77 Payment Due Date February 14, 2004 Total enclosed $ Account Number 4388-6420-7157-8614 Capital One Bank P.O. Box 85147 j 111111111191111119111 Richmond, VA 23276 111111 111111111111111111111111111 .11 1116111111111111111111 gill ne printaomliard,&- a& -eoVcAM-brlwr-9 bha wbl-k enk R Ci,y Seen, ZIP ra,,,.. Pl Alteimte Phone #9001664837124703# MAIL ID NUMBER ELIZABETH B FANUS o 1128 PETERSBURG RD m BOILING SPRGS PA 17007-9509 N F PI., nmteyov armsmi number on your &J-k w snowy order made payable to Capital One Bank and mail is tux enclared envelope 8 0 0 0 ? N periodic rate. To obten me average nwY owwc: ,w - billing Period covered by this statement, we uka the nnpp baance of :Z:!:, wdh day, add arty new trwwtioro fo each t, and auhtrad anry Paymema OF credit.. fit tie coda N appears m da fort of this a nentem sett to •B. Rats Appled To,' we also stbttct ary tapaid Rrarpe rings hrcltsded n rte balanc?e of writ wpnmm) This ghats r the r1alIY balarlCe 01 se. sepnad. Then, we add W a11the deny blame for each ssgnrn fa Ube sang pwod and divide by the tool ramber of days 1 the bwng period. This gives us the average daily balenx or wdh segmene. 3. Annual Prertaga Rtes IAfMtI. a. The term 'AnrRW Percadage Rate' may appear as 'APR" to the frd of thfw statnnarrt. b. If the code P IPrknal. L (3+co. UBOit C ICartifiat of DepnsiO, or S 18arirard Primal:gear m the ham of INS' emapeaotrwtdodm petfodic tateW, de MAT ,.in and carewam 2 ANNUAL PEACENTAO RATFS may : ai the Fast add nInices, .mfoyirdlnnn Wee aw(Waed .hum.; plus t1r twrgn pmvtoudy hdiadteed m you biding paled covered by Yet pedodie 5rnsrernatt ending n the mtsaha Jrsary, Apdi, JdY and Ouxeber. c. If the code G (Primal, F ll?no. UBOR) a G (3-- LIBOR Repriced -.11 eppaaw to the from of your etatemem ram io the periodic rns(sl, the Pafotfic ra[w and corresponding ANNUAL PERCENTAGE RATES may vary manNy and may irrvwee a deereaw treated m the cured frdcw, as fond in Tae Wie Sheaf •hnartat plus the magn pmviredy diadoted to you. These changes wit be eHecttve nn the Bret day of you bang Period each r ash. 4. Asaaesmest of Late, overdmit and Relo-d Paywrt Faes. You accotarl Will be eaessesd fe m Otalt two of tam few lined hem that ocraa long swat bAkg Patiod. larder the terms of your aatoma sgrwmwt, we reserve the riya to salve a ran to rses» any Rtes wiOau pd. nod tiar io you w ilhou wsiving out dbn to atoees the same or simN., Ieas at a lair floe. 5. rawiq Vau Ararat. If a membership fee appww co the hoot of dhk nattanea Vau have 30 dap ban tare date die atetenlem wem e malkd to you to avoid Paying the be a to have such fee crs . to you if yco tared Vote aceaaa. (lteig on Period, Yott may corhdrate to rise per account without having m pay the rnem =b, .,at. . Trg out Custanm flaro o wcd yar aRdwla , youOhPem^ =M rrotlty r by hm Pay Nenha n kI ktadudirg the and manhndip law) Pw -.,Bdto /M end of rte thin " P°u- B. Npyaytuoru Orem eaar Ya e can W to dose DeDw°°hm. Vco nowt destroy your credit rardle) and aaatn acce» dhwks, coned a• ptwtdrized big, and chew uedbRirg arrq you errwrxataa. N yco do rot 1xra:N prewterizgwrams,-ee will consider racsiln ot a drrge yote atafodz»on m regen Y'u sccwn. AdditlrxaNy, you srxrouv wM not ha dosed and Yco PeY ail anourns yco oche r ksludirg: ahY an tratrsscdww you have au0md:ed, 5rrrce cash ad Tees,::= raw, returned Paymat fees, advancs teen and p• oiler r fees =d=.-, less. ap. You n V responsible responsible for they to they appear co yen der, at ihm Ihrle you reQwto 10 smotxw low the arutaa a rimy are inntned ettbwgiert to rout rrer?mn to does Firm atxoua. This may rewL In dames ameedM co vcor atxoua after You have _ your account if IF has already been closes. raandngaa, e R you authorize:=-- frog a merdmm revive U+e ttwribs merrlhem shw Y°ut acctum h» been dosed, Y°ut scconan wall be t°oPhred, the amours m Oe charge wa ha atldsd m your astern, and yyoouu will be r===If dam Is e s mambaship be h ccor win to be lamed, to the ettwt Permitted by law, until the scant arse has been Paid In hA » dtfaed above. 7. Ifakg You Aaesul.Ycor wrd OF accent cannot be tttetl n carshecien with any imernet gambling ,ranaectkm. BILLING RIGHTS SUMMARY Ian Can Of Errow Or Gteeniaw Abas Your Big) N you drink your bill b wog, or if yco rmed room Moon tin on a tnear ctian or bill, wfie to is on a sepanne etmet as aoco» prsmbie a he address for npudes shown co the bang of this sutemem. We mush tear Iran you co Ine,.=:D days rfter we stmt you the 5rn bR to vtieh the Prehlam npPeaed. You can can out Ctmomer Remiss raanber, hid doing es will not prewrve ycor righis. In =,=w, give r Oe W=ng mormaUOn: your roma as mmhar, the dtiir amuum of the stsptected -, a deseipdco Of the error and an nplerotico, i1 Dossibie, a wiry you believe them Is an error, or if you need more infomation, a description of the hem you an uhwm abort. You do not hve to Pay any arrmtea n QtlaatiM whhil® we am irhveatga[kg h, but you sm stall obRgsted to PeY the Dam of your dg c rot in r5estitrn while we nvesta et Yaa question, tion we oreart repot you » defirhgwm a rice any action OF m collect the mood you gttesti°rh. f,t Special Rula for Credit Card Purchases if you have a prabiem with Oe tSWhy of prghsny a esrwtes that you ptaxhased wiOh a colt ard and you have trietl n good fahh to corms Oe Drobiem wnh the merdteM, you may haw ribs tiaa rral to PeY the rem.Wbv amour dw m the property a »rvies. You mhe- ? tl s protection ody Palen the Puohate prix was 560.00 and the pulses was made in row bans sat or within 1(t0 mad of pun maifing address. Of we Mown or da mercham, a if we medal you tha temhm hhr tam property o, tervtces, so ptnchaees am covered regardless of amaen or location of purchase.) Please remember to sign ad coneaparden e. t Does not apply m consumer non-craot[ card acxrnts t Does net apply to busters nort-adlr card mc-"$ Capital One support information privacy Prmectin: ass our webs to an www.xpitakse.can. a tederaay repnered ,- mark of Capital Capita One is = Orhe Frontlal Corporation. Ale riglas rvrM. ° 2003 Capital One 01LOLOAK ta. lirsw Prin. Vou Paid have i midaam grace Period of 25 deya Wdraa frwrc° tHrgP=- ? Charges Inrokmew bin darpes If you Pe,YnY°u total -New Balar¢e', tr accordmce wiOh tha inponam Nwix for Paymwus blow, enem and I. Ume for it m ha credited by ==1 g date. Them is ro grace Peridvrrxs and special tmrobra. n addition, sham is ro Ilrhah Period on wry h 'aroactlnn if y- do not pay the toted 'New Dalarhx. h. Aohmrkg Pisses t7hwga• Trwwacdorw which am FOR M finance ch.W 1) front the date of the trmeacdm or 2) from the data the iraroacdon is proteesed to you Arstttaa a 31from the nor, slander tlsy of the tsaram biding periaG Additionally, b {fyou did rr Pay tha • New ealanhce• oo the Prmwaw al z period n fd, Poerss verges comiae TO occrum to Vc it unpaid balance and %= bhx d: TNS omens that you mayy drarha d:=!= if Pay tha ram New Brlsnx indicated m the bons of date, did nnot do ?forr theypmvious mash. Urpwd ir ikrkucuurr wrc• charo» am added Io tha spplkeble wp . of you Atssttan. t c. a t-irree Chrgh. Fa each bdig lmrid that ran accwe is sgett w a finch large, s mahimsn tnd FlNANCE CHA110E of 5050nhha Intpoando'f de total finance large raaddng Pfiav Vote Parodic rate(s) i kiss than 50.50, we rrx sttbtraet thhn amour from the 50.50 mNimun rod tha differwroe wa ha bided to the µschaw a?maa of your wee reserve the t d. Taepaay RaBtaBar I Firms flr?ga. right to gat asses; arty or all firorss, verges for any given biNkg ppssriaL 2. Avrtrapa OsNY Balser IYwitiq Naw Ptrdsasal. e. fiance dmrge is alWated by mddPlWg the rally halerax of each hhgghnt! of your octave (e.g., welt dvarce, purdhste, hPhtral mroM, and speeial ptseetel by de corrsaDOndng drily P%1 die mteW =h prarioudY hisdoted to you. Om end at d.y during the baring period, Pam apgY lhh daily Periodic rat for each tm wom of your axoest m Ote 4Nyy Dearth d race tegmwt. Then n the and of Oe bgftrg Palod, weyoadwd tp the results of Owes deny calal0 =11-. add rp the dic finasa lunge for war refula (ran each hh9rrhhm to ardse n lha Patio psriodc fironce dregs 1nr your succors. To Bh't lha drwY balance for each as Of of your acecun, we take the begiairg balance lot each sagraem and whd any new irasaGdarw and MA Parodic flnanx large calculated rt Oat Pmsfaw day. P. for that segmam- We Ohwt strMrap dry nce to that wgmem. glw r ale rrltParate didiYehakted for each segment of Vou scooZ Ibsmw cif b full l the or New Balsas at- m =P= sea erft reaaal, new if you new balance hag»etioro wNch post === am -- We halarsxse topatlerard dividkq the Pam alking by mmbeO fy the hap n tha tunent bang cyde. To calculate you tool fink Ocar lags, mtiOply ycor evemge deny balance by the FIX Periodic m° and by tie nunber of dap k the bang period. Ore to rotahdirg co a say basis, them may be . P, variance between cis dmletkn and the amotwt of Rance charge actually Restated. b. If the code Z or N sp "m co the Trani of Ois stwaoa s rott to _Bdarhee Rae Applied To: - ncitiyy the .. 2201M Irrpatam ,Cris: Your Payment will ha credited to your accent as of the awe we rective it, Provided you =the bottom Porrlon of tNs stat=n. d your deck n the enclosed day mminarce envelope. rrd yote Pev°e°t i received n out processrg comer by 3 D.m. Paymema aadieesed m aw Yrgir:a a Georgia Pmc?°0 am x reeved on a busi=a 3:00 P.m. L7. Peymems rdOressed to out WaalinWon Processing mace mum ha received cR a btsnees »y by 3:00 P.m. PT. Passes allow at leave Ave (5) Duuhe» dap for l Sarturda by delivery. Peytnmtta rtnelved by r n erry odor i-Vor, a in aedmr form may not be credited t ha same day we mc°veaeMwize t a w to mess eaays t meMonday tic tcorephwler debii iron your MslFo DY =day,, Pleew do na use httePl®, paper dips ac. vAmn PmP°'!hg Y°a D°Yeh Wla^ %herd tw a dmckfsl. yw bank accoun for the amorart of the dwek Thi suharizatlan appeas to ap decks received during the billing cycle aver if sent by saneae also. n we arahot Prows the transfer, you authorize w to make a charge amine, your bank 9tYWn using tha check, 0 Paper draft or other item. VERIFICATION The undersigned does hereby verify subject to the penal ' of 18 P C.S 4904 relating to unworn falsifications to authorities, that he/she is G ` (NAME) of Icp t (rtQ ?cc n K , plaintiff herein, that TLE) (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, information and (SIGNATURE) WWR# 0 701077 vl Ul D Cy* ov) SHERIFF'S RETURN - REGULAR CASE NO: 2007-00584 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS FANUS ELIZABETH B MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon T, AVTTC L'T.T 7A PT7TU R the DEFENDANT , at 1105:00 HOURS, on the at 1128 PETERSBURG ROAD BOILING SPRINGS, PA 17007 ELIZABETH FANUS by handing to 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 18.00 Service 10.56 Affidavit .00 Surcharge 10.00 .00 38.56 Sworn and Subscibed to before me this day 7th day of February , 2007 So Answers: R. Thomas Kline 02/08/2007 WELTMAN WEINBER REIS By. Deputy Sherifil- of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. ELIZABETH B FANUS Defendant No.: 07-584 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 WWR905701677 U+L IN THE COURT OFCOMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. ELIZABETH B FANUS Defendant TO THE PROTHONOTARY: Civil Action No.: 07-584 CIVIL TERM PRAECIPE FOR JUDGMENT BY CONSENT Kindly enter Judgment against Defendant, ELIZABETH B FANUS, in the amount of $1132.40 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., ELIZABETH B FANUS, By: 0,0 - Defendan IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No.: 07-584 CIVIL TERM ELIZABETH B FANUS 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, ELIZABETH B FANUS, above-named, in the amount of $1132.40 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 $1132.40 with continuing interest thereon at a rate of 6.00% per annum plus costs from FEBRUARY 8, 2007. 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, ELIZABETH B FANUS, in the amount of $1132.40 plus continuing interest thereon at the rate of 6.00% per annum from FEBRUARY 8, 2007 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) $109.00 due by 03/10/07; (b) $109.00 due on the 10TH 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 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 thiA day o 20 WELTMAN, WEINBERG & REIS CO., L.P.A. By: - James armbrodt Paid# 425 Weltman nberg & Reis Co. 2718 K pe Bldg 436 Se ent Avenue Pitts g , PA 15219 1 434-7955 R No. 05701677 By: Defendant, ELIZABETH B FANUS iv 1 1 t . .p '? om.:.. ? ` 1 y i ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No.: 07-584 CIVIL TERM ELIZABETH B FANUS 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 02!24 eL Q` a1?D0'j (xx) Assumpsit Judgment in the amount of $1132.40 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 ELIZABETH B FANUS 1128 PETERSBURG RD BOILING SPRINGS,PA 17007 By: PROT ONOT 0 . - -b IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. ELIZABETH B FANUS Defendant No. 07-584 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. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05701677 . .. • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No. 07-584 CIVIL TERM ELIZABETH B FANUS 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 Wa PA. I . D.#4Pth WELTMA2718 Kop 436 Seve Esquire NBERG & REIS CO., L.P.A. gilding Pittsbur A 15219 (412) 4&-7'055 WWR V5701677 Sworn to and subs ' ?d before me this /A- day of June, 8 NO Y P C COMMONWEALTH OF PENNSYLVANIA Notarial seal W.Y. A. Jones. Notary Public CAy Of Piisbur9h, A?9WY County My Commission Expires June 29' 2010 Member, Pennsylvania Assodatlon of Notaries OZ. -to 0 ? a 416