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Home My WebLink About07-1257IN THE COURT OF1 CAPITAL ONE BA Plaintiff VS. BETTY L FLASHER Defendant ?OMMON PEAS OF CUMBERLAND'ICOUNTY, PENNSYLVANIA CIVIL DIVISION'. I I No: 6t7- 1.2 97 (1 " to L COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN,iWEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412338-7130 05701508C A Pit CXC i i ? IN THE COURT OF ?OMMON a CAPITAL ONE BAN Plaintiff vs. BETTY L FLASHER I.I Defendant PEAS OF CUMBERLAND:COUNTY, PENNSYLVANIA CIVIL DIVISION! Civil Action No 07' 1'2`" 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 an judgment may be entered against you by the court without fther o ice for any money',claimed in the complaint or for any other claim or r lief requested by!the plaintiff. You may lose !money or proper y or o h''r rights important, to you. YOU SHOULD TAKE T III PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER O CANNOT L_FFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO IND OU ;WHERE YOU CAN GET LEGAL HELP. IF YOU CAN OT AFF RD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU ITH IN ORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELI IBLE P RSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE ?RLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 a 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: BETTY L FLASHER RD4 BOX 348 Si UGAR GROVE, PA 6350 3. Defendant a plied i account number 121741' 4. Defendant m de use due of $2151.42 , as of i `o and received a credit card bearing the '54948433 of said credit card and has a current balance February 26, 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. 61. Plaintiff i entit ed to the addition of interest at the rate of 25.900. per annum on the unpaid balance fr?m February 26, 2007 . A copy of Plaintiff's ST AT MENT is attached hereto, marked as Exhibit "1" and made a art hereof. 7. Although repeatedly Willfully faile land/o: I Wherefore, the Pl against Defenda t , BE' $2151.42 with c ntinui annum from Febr ary 26 requested to do so by Plaintiff, Defendant has ?efused to pay the balance due to Plaintiff. II i tiff prays for judgment in its favor and T!Y L FLASHER , INDIVIDUALLY , in the amount of g interest thereon at the rate of 25.9000 per 2007 plus costs. This law firm i !a deb ollector a clur client and ny inf rl ation obta Jame C. Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 Se enth Avenue, Suite 2718 Pit sb rgh, PA 15219 (4 2) 34-7955 F 4 2-338-7130 0 701 08 C A Pit CXC em iog to collect this debt for .ne will be used for that purpose. r-----------------------------------------------------------------------------------------------oa3 t t Show Mom your love! n t , Special savings for Capital One' Cardholders! n on your next purchase when you use Promotion Code CAP66 I J (See reverse for details' i Save i Save this code! Offer good all year long! Remember: Mother's Day is Sunday, May 141 t r BETTY L FLASHER ' 1-800-flowers com. ; 1 Call 1-800-FLOWERS' (1-800-356-9377) or Click www.1800flowers.com today! Your florist of choice. L--------------------------------------------------------------------------------------------------J Caprl`aloW* VISA ACCOUNT MAR 17 - APR 16, 2004 4121-7417-5494-8433 Pagel of 1 Account S Previous Balance $1,287.48 Payments, Credits and Adjustments $.00 Transactions - $35.00 Finance Charges $28.63 New Balance $1,351.11 Minimum Amount Due $1,351.11 Payment Dux Daze May 1S, 2004 Total Credit Line ON Total Available Credit S.00 Credit Line for Cash $900 Available Credit for Cash $.00 At your service To call Customer Relations or to report a lost or stolen card: 1-S00-903-3637 Payments, Credits, and Adjustments Transactions 1 16 APR PAST DUE FEE $35.00 You were assessed a past due fee of $35.00 on 04/1612004 because your minimum payment was not received by the due date of 04/16/2004. To avoid this fee in the fume, we recommend that you allow at least 7 business days for your Payment to reach Capital One. Send pgmcnu to: Send inq ivies to: Arm: n Proce:;rag S Capital l One m?ioe Gpeal One Senior EXHIBIT P.O. B. 85147 P.O. Box 85015 Richmond, VA 23276 RidunorA VA 23285-5015 I F-mance Charges P/emeiee reomerdrf r,ofiertart rnfmam tion m B.I-ak ptliZ RAE R ,?trrdm .?. m a PURCHASES $77552 .07096% 8.90% 517.06 CASH $525.75 .07096% 8.90% 81157 ANNUAL PERCENTAGE RATE applied This period 25.90% PLEASE RETURN PORTION BELOW WITH PAYMENT low* 0000000 0 4121741754948433 16 1351110025001351111 New Balance _$1,351.11 Minimum Amount Dux $1,351.11 Payment Due Daze May 15, 2004 Total enclosed $ Account Number. 4121-7417-5494-8433 Capital One Bank P.0. Box 85147 ItltrLtrllttllrrlLd Richmond, VA 23276 lLtrlttttlLrtl L11rlrrl6u1r1 Isttlslln16nl6u1111t11n1 PI-firim mar-Lithe. ? e-,aat r6mrde. Ark. -W bb. -R.4 ink S- Apr. 4 Gry Suu 21P Home Plane Alrermte Phone Ems Add- #9010858507465953# MAIL ID NUMBER BETTY L FLASHER o RD 4 BOX 348 n SUGAR GROVE PA 16350-9232 r -_ ° LttIItlltttdhrLhlltrJrlsrsrldsrlLttltlJttlltsLhrell Pleare tortteyour aavrmt number on your dherk or money order made payabk to Gpital One Bank and mail in the endw&d envelope. Get sweet savings on Mother's Day gifts for all the moms in your life ! 1-800-FLOWERS.COMa always promises you and all 13EVVV MA 111M love: RDdiA flowers artistically designed SUAAAMMOM We or delivery same day, any day '412174 754 1Dbg/o sa ' action and freshness guaranteed • The finest selection of flowers, plants, gift baskets, plush toys, gourmet foods and more • Gifts exclusively designed for 1-800-FLOWERS.COMO by leading brands you trust. 1-800-flowers el m. Your florist of choice. 8 0 O o Save on your next purchase when 5you use Promotion Code CAP66 Save this code! Offer good all year long! Call 1-800-FLOWERS" (1-800-356-9377) or Click www.1800flowers.com today! 'Exclusive of applicabie service and shipping cl:rges and taxes. ttems may vary and are subject to availability, delivery rule and time hero can be ordered on5ne and by phone only OFkrs cannot be comb red, may not be available on all products and are subject to restrictions, limitations and blackout periods. Offer valid through 12/31106. Prices and charges are subject to change without notice. Void where prohibited. O 2006 Capital One Services, Inc. Capital One is a federally registered service mark Trademarks men tioned herein are solely owned by then respective emiry. All rights reserved. 1-8011FLOWERS is solely responsible for this offer and is not affiliated with Capital One. Capital One does not provide, endorse, or guarantee arty product or service shown here. By responding to this offer. you may be communicating information about yourself to the company that provides this product-for example, that you are a Capital One customer ® 20061-SWROWERS.COM, INC a; 1-800-FLOWERS.COMS uses Secure socket layer (SSU encryption technology to secure its website. - If you wh.h to use a different credit cord, for quesdos or to canal call toll free 1-SOO-927-9491. Your forms palms are ssdeemade for savings off the area price of yore salecth" Plurs the low rare aMwn. Allow four 10 ten week. for magazines to start. If a tide create, it will be replaced with me of equal or greater value. Cancel rlytl a and receive a mend for userwd Islam. Valid credit card required. orders will be proceaed vAt in thirty days at tG expiratfm data. When you make a setection, you become am wkred uxwtaner. O 2004 Nowlt b Magazine Services LLC INMS), Four High Wipe Park Stambrd, Cr 00905 1. the vsdor and neseruv the 69M to Iksit orMn. My tnderurls mentioned herein are amely o-red by the respective mtly. NmvSrb Mapszins SerMCU LLC is solely responsible for ride after and Is nos &Mated wide Capital Orr. Gph.l Ors does not provide, endorse, or guarantee and is rot effated with any product service shover here. By responding to this offer, you may be eomm formatter abau a edeamy mpiaem! yourself to the company that provides this product-for example that you are a Capital One customer. O 2004 Capital One SerNces, Inc. Capital One is service mark. All rights reserved. periodic rote. To obtain the average daily balance lm the bating period covered by this statement, we take the De?Wnnpg .al .o of each segmrm each day, add any raw tarwathan to each tsprrn and rbtract try gyntrea or credits. (it the cods N appsais on the Trent of this matemem next to 'Balnc?e Rote Appetl To: we also submrsctmaren for air any unpaid fmanhce dherye ndeded F tha balree of e.clh segern?7ies pint u Fine dsey hslance a each aeprnas. TThheenn eda up as 1G May tslaH each the period std divide M manage of days (.n the f etc ageTMs pitta u tha acreage daily balance Of eacm sepnrar. 3. Annual percentage Rates; IAPRI. a. The term "Arco] Pefcrnege Rate" may appear as 'APR' od the from of this a O. D. If the code P (Irdenst, L ankcr th ( Prime) tippers ICenihe q Of m this stn. or S (Bnext to Prime) appall. a Noe r this stamma nest to the periodic Csl. 1G perladc rates and cenaponMg ANNUAL PERCENTAGE RATES may wry quarterly and may in The or decent based an the "ad ad ad In here. , as land d in tae cur Saset Jourrest, Thlam due the reem previously declared to you These will be effectlw on 1 are day of b Vour ri cuvaned D cmatsnan ?ll?e rep ornhs January, April, July and October. c. 11 to code D (Prime), F (1-mo. LIBOR( or G (3m LIBOR Repriced MonNy) a n; m the from of your exammam nom to the periOdit mtaw. the =may and eommilp hMp ANNUAL PERCENTAGE RATES may vary monthly and may lncrgaa OF d[eroees based an tie sated Indoor, as foul in The Wag Street Jourrf, eau the margin previously disdosed to you. These changes will be effective an the am day of your bang pedod each month. 4. Ammearred at Lao, Ovenfna all Battened Psywrm Fee. Your account will be orammed re ere data two of the time fired hero Fiat occur during my DMing period Linder the hems of you customer .gmemen4 wen resent tG light to vGw or rot to repose arty f•ts •ithnu Prim -tiger- to you wither wsiWg our right to asses the am or similar Jjesesss at a later dm. 5.T an Yon Ammurd. If a membership fee appears ppal an the hard rst of of this settlement, ut, you haw 30 dap tram the time this raternrm wa nms-bd fo you ro ovoid peyng the fee or to haw ahsih la credited ro you if you anal your account. Dwlg this pared, you may corm(na ro hue your •caua whhmut having ro pay hhe _b.mNp fee. To canal your account you rout node u by calling our Customer Ralatian Depannnrm all pay your Z. Balance' in lull (excluding tbe membership Seal Prior to the and at Ue shiny. pwkA B. B You Clog Yam Account. You cen request to dose yyrougs scce.m by CA" our Cu m oer RelaMns Dept Farm. You =!= you, credit card(s) and seeram .cape cad prauhrizad berg, and rose -your accnmL If you do not anal pmnaGdr.1 hiiirg mra gemsea, we will consider receipt of a Bulge you auutGri:adm to rsopgn spyaontrt arras. Additionally, your aarsm cola rot be dmeE urea you pay as amounts you ova u ockefira any transactions you haw suhodzed, frree charges, par dos fare, ovedimk fees, roomed payment fees, cosh advance ism; all any odher fees as .sad to your account. You am msponible for these ammnga whether they appear an yrr account m the bne you request to doe the account m ,h y am named st8osgiea to your requst 1. doe the acclaim. This may rerh in charges ¦ooeadno to war aeaae alter your he- you sccotsm It it has ]ready been closed For example, if you authorized a purchase from a merr3ent and we receive the transaction from the merchant Neer your acco nil halt been dosed, your aoarea WIN be reopened, the amount of the charge will be added W Vom account and you will be resperWble for pa mmm. It them Is a membership fee for you account, the fee vii cerise to be c argad, to the come permitted by law, ail the accoraa balance has been paid in full as cleaned show. 7. L%bv Your A-.u.LYam cad m accomm carrot be teed in correction with any Internet probing tnnankxa. BILLING RIGHTS SUMMARY (n Can Of Enos Or Ousaias About You Bill) If you think your hit is wimp, or H you need nears (eomadon on e transaction or bill, wee ro us on e separate shat as sore as possible at the address for inquiries at- on the from of this rsteers. We arum her from you no Imer than SO days after we .rut you iG fire bit an which the error or problem zppeamQ You can call mx Cromer Relations number, but doing se will not preserve your rights. In your Wrier, give u tG following Information: your name and Fr count number. the dollar amount of the aspected error, a description at the error and an explanation, if possible, of why you believe there is or it you read more nfonnation, a deecriprim of tG item you N. crane about. You do not haw to pay " amosm in question whit vve we inv allows z hat bur you am rM obligated to pay the pore o1 yo r 61fi plat am not in question While we Investigate you question, we carom report you as delinquent or take my action to coNm the amour you question. 4,1- Special Rube For Credit Cad Purchases It you haw a problem with the quality of property or services dat you purWaed with a cost cod and you haw tried in pond qhh fo rxhnct the problem with the conchae, you my have the right not to pay the remaining anent du an the property or services. You haw this promotion rdy when the pods a price was room than $50.00 and tG puehasewear made n yrm home rote or withi. 100 mil of you m.&V add-. (H we own or operate the merchant. or if we mailed you do advertisement for de property or services, all purchases ere cowred mgrdiessgeof esm a loci fan of pu chose.? Please mmernber to ei M =-mzpmKIw . t foes rent apply to -or eon-real[ card acernts t Does nor appl y ro bashes nmo card =="a Capin] One supper Inlmnat(on potwcy protection: see our ..belle w www.caphdme.con. Capital Om Is a friendly registered service mark of Capital One Rnanial Corporation. All rights reserved. 0 2003 Capp] one OILOLBAK ta. Qkmm Partial. You win law a minimum graca pmW of 25 days without finance charye on new purchases, new belancs transient, new special PUWWses and new other ranges If you coy you coal "Mew chalice , in accerlehce walk the inpomn Nuke Tr peymes blow. and in time for it to be credited by you non stmommi dosing date. Them is no grace period on cash advrhm and special transfers. M addn(on, them Is no greca pedal an arty narwctten if you to not pay the total -Maw Glance.' b. Am rai g Fit-- Charlie. Tarrlctisa which am rot WOW to a grate period am amt sed firorce charge 11 from the date of the tranaction or 2) from the tine the transaction is processed ro you Ammon or 31 from the era calendar day of the oxen biRmg pedal. AMtkw ly, it you did not pay the 'New Balance' from dw Previous bi" period M hall, finis Barges eoekee to arena m your unpaid Glance wall de unpaid Glance is paid in fit This men ohmyou may? ail i owe fmrra durges, awn f you ply the min New 8alarha ihdalad m tG hen of your stateroom by the root statement closing date, but did not do W for the previous ninth. Unpaid it n surges am added to the applicable Negative of you, Account. 'r c. &a m[,-- Inane Carge. F. each bang period than your accent Is st W to a anrtcs charge , a ninkeer coal FINANCE CHARGE of .0.50 wM be inrepoaed If da finmoa Burge rerhing from the appfienian o} you if periodic anu(s) I. lea dun $0.50, we At suMraet that amount from the 00.50 minimum and the difference will be deed to the purchase a?r?as m your ccase. t d. Temporary Reduction I, Fshaw' 1C= We feaerve the right io cam asssss ally or all Wunee charges for airy given b. 2. Average Balrms I Mae wmelheaosI a. Fir- charge I. calaated mitiplyng de dray sccrnt fe.p•. c.]h belmca of each t•D0•tt of your atlvenee, purchase, apedel transfer, and apecd phsclrael by tM rxxresprhding dairy pedodic mtats) that hall bear pnwimlalY di.-W to you. At de ell of each day M'r0 tha period, wo apply the daily per odic rate for see segment of you, across to the d?oll?lyY Glance of each segrnem. That at the end W the Malls period, we add up the roaita of throe OMy caloulstiola ten aMw a you periodic anarha Burge for each wgerm. We add up tG realty hen each .spree to ardor at tha tam periodic ansnce charge Ir yin acceumt. To gtl the MaYy Glance for each [egmele Df spar aceont, M take tha OegYarg Glance for each woman and add any now transactions end ary psiodic an c djm. calculated m the p-mar day's Glare for that aepmn. We then subtract arty peyrmanrs of Credits pomad 1[ 100 day that am allocated to that sapper. Ties gives us the sepersre daily balance for each segment of your access. Ho evo. if you paid the New Balance Shawn an your p.-A- retamrm In hi Ire if spar nw balance was zee or • credit amuse), raw transactions whi h pan to you purchase or special purchase segments am not added to the daily balances. We cal-lam the .-rage dally balance by addilg [a the tlsey Glances together and dividing the .um by the amber of the days in tie current berg cycle. To calculate you total finance carpe, muftoy your verage daily balance by the daily periodic ate and by the ananbm of days in the bang period. Due to rounding to • daily bats, them may be to skids variance between this We laden and the amours of finance ca aotuaay as "`L b. If tbe ow" Z or N oppesm an the from of this statement next to "B.Wnce Rate Applied To." we multiply the 47320S Important Notice: Payments you mall to o will be credited to your account as of the business day vwe receive ft, provided (1) you serd the boom poem of this aetemn and your check in the enclosed remittance envelope and (2) your payment Is received n mr proces]rg amen by 3 p.m. LT (12 nom PT). Pleas allow n least a- (5) business days fr postal delivery. Paymeop received by u at any other locatlm or in arty ether form may, not be credited as of the day we maleve them. Our business days am Monday through Saturday, exetafng holidays. please do not use maples, paper cps, etc. weer pmpsdnp spar paymern. Whan you send a a cmeckls), you authodre r ro make a one-t(rro electronic transfer debit from your honk account for the amra of the deck. This authod; on apples m d dtacb received during the dWrg cycle ear if text by someone aim If we central process the transfer, you atMer(ze ns to make a charge against your bank account using the check, a paper draft or other hem. P VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is Nichole Kennedy Agent of , ;ap i4ja \ Oa, (3afiK , plaintiff herein, that (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 belief. i (SIGNATURE) WWR# OS 70 i5 ? c rr ^^ V ? I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. BETTY L FLASHER Defendant r No.: 07-1257 CIVIL TERM PRAECIPE TO SETTLE AND DISCONTINUE 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 WWR905701508 IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No.: 07-1257 CIVIL TERM BETTY L FLASHER Defendant PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY OF COUNTY: Please kindly Settle and Discontinue the above captioned matter upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: ?? William T. Molczan, Es ire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05701508 Sworn to and subscribed Before me the Day of NJARC 7 4?- 7n,..-- NPTARY 77LIC COMMONWEALTH OF PENNSYLVANIA Not3ftl Seal Wayne A. Jones. Notary Public City Of Pittsburgh, Allegheny County My Canrnleelon Eores June 29, 2010 Member, Penmsylvenla Aesee1e110n of Netarfea t?". -?? ?--? ?' =' --?± Cam.) ?s;' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL. DIVISION CAPITAL ONE BANK Plaimiff 07- JA57 vs. Civil Action No.4993bS BETTY L FLASHER Defendants PRAECIPE TO SETTLE DISCONTINUE AND END WITH PREJUDICE TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue the above captioned matter upon the records of the Court with prejudice and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. Bv: PATRICK 'T'HOMAS WOODMAN PA I.D #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W W R905701508 Sworn to and subscribed Before th COMMONWEALTH OF PENNSYLVANIA Day of J JU U L ??- Notarial SY-,! Gault, City burgh, F IV county NOTA Y PUB1, Cc asionExp y1{ eR, rte,, ,ylvanla As ;,tne o - '.?tar,e tC3" ? ? 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