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HomeMy WebLinkAbout07-6858 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. MARY J MILLER Defendant No: 07 -4568 &V; I 1gr(A 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 05950812 C A Pit AMT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No MARY J MILLER 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 -if 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 J MILLER 333 ZION RD MT HOLLY SPRINGS, PA 17065 3. Defendant applied for and received a credit card bearing the account number 4121741353224491 . 4. Defendant made use of said credit card and has a current balance due of $1875.02 , as of October 22, 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 24.990. per annum on the unpaid balance from October 22, 2007 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit I'll' and made a part hereof. T -? 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 J MILLER , INDIVIDUALLY , in the amount of $1875.02 with continuing interest thereon at the rate of 24.990% per annum from October 22, 2007 plus costs. James C WELT 436 S Pitts u (414 FAX 41 059708L warmbrodt,42524 WEINBERG & REIS CO., L.P.A. h Avenue, Suite 2718 , PA 15219 -7955 338-7130 C A Pit AMT This law firm is a debt collector attehptXng to collect this debt for our client and any information obtain d ill be used for that purpose. First 3 months half-price a month; 4 7 ftefo- SIGN UP TODAY! ' 1-877-778-1207 Mention Offer Code: JADE Or visit www.peoplepc.com/go/jade C"aift,ow• Account Su Previous Balance $995.28 Payments, Credits and Adjustments $.00 Transactions $35.00 Finance Charges $21.34 New Balance $1,051.62 Minimum Amount Due $1,051.62 Payment Due Date September 15, 2004 Total Credit Line $500 Total Available Credit $.00 Credit Line for Cash $500 Available Credit for Cash $.00 At your service To nB Customer Relations or to report a lost or stolen wrd: 1-800-262-1493 For fra online account service and spedsl outomes offers, log on to. --pindone.com Send Payment. to: Send inquiries to: Attn: Remittance Proemaing Capital One Service CaPiW One Services P.O. B. 85147 P.O. Box 85015 Richmond, VA 23276 Ridunond, VA 23285-5015 peoplepc- online %--./ A better way to Internet. PeoplePC Online offers the features you would expect from higher-priced Internet Service Providers at half price for the first 3 months! ® Email Virus Protection Pop-Up BlockerTM Spam Controls Smart Dialer Phisher Security Internet Call Waiting EXHIBIT F3tlance Charges Piewe see reverse sidefor important information Bd ee-1, Perad Cr espo -1 1ZN?CE WE m goplirdto tau APR ?Ij ? n PURCHASES $1,005.57 .06847%P 24.99% 121.34 CASH 6.00 .06847%P 24.99% 3.00 ANNUAL PERCENTAGE RATE applied this period 24.99% PLEASE RETURN PORTION BELOW WITH PAYMENT V :apffa1Cw 0000000 0 4121741353224491 15 1051620050001051621 New Balance $1,051.62 Minimum Amount Due $1051.62 Payment Due Date September 15, 2004 Total enclosed $ 1 ::1 Account Number: 4121-7413-5322-4491 Plxepint mailing adAw mrb e-mailebmga belm ruing blue or Vaak mi Capital One Bank P.O. Box 85147 IIIu1n11111111111u1 Richmond, VA 23276 11111111111 IN I I I IN I I I I I I I I III I I I I I 111111111 Ill I I 11111111111111 SILVER VISA ACCOUNT 4121-7413-5322-4491 JUL 16 - AUG 15, 2004 Page 1 of 1 Payments, Credits and Adjustments Transactions 1 15 AUG PAST DUE FEE $35.00 '"Capital One proudly supports the National Youth Anti-Drug Media Campaign. PARENTS. THE ANTI-DRUG. Stay Involved - Ask Questions. To get the FREE booklet, "Keeping Your Kids Drug-Free," call 1-800-788-2800 or visit www.TheAntiDrug.corn- You were assessed a past due fee of $35.00 on 08/15/2004 because your minimum payment was not received by the due date of 08/14/2004. To avoid this fee in the future, we recommend that you allow at least 7 business days for your payment to reach Capital One. Sneer Apr t G1y S_ ZIP Home Phone Al- Ph— #9022826473788225# MAIL ID NUMBER MARY J MILLER 1601 TRINDLE RD CARLISLE PA 17013-9714 11111111I1IIItttII IIIIIIIIII III IIIIII loll I IIIIIIIII fill IIIIIII r Plewe writeyow account number ors your check or money order made payable to Capital One Bank and mail in the enclosed envelope peopleprw online %1___1 A better way to Internet. MARY J MILLER 1601 TRINDLE RD UHUMITED INTERNET ACCESS SIGN UP TODAY! 1-877-778-1207 Mention Offer Code: JADE Or visit www.peoplepc.conVgG<ade g O , O O e r N PeopW is solely responsible for this offer, and is not affiliated with Capital One. Capital one does not provide, endorse or guarantee, and is not affiliated with, any product or service shown here. Any trademarks mentioned herein are solely owned by the respective entity. All rights reserved. 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. 'PeoplePC Online: First 3 months of service are billed at $4.97 a month; $9.95 a month thereafter. Offer available to new dial-up subscribers at least 18 years of age and may not be redeemed with any other offer. Offer subject to change at any time. Phone technical support available for $1.95 per minute. For questions, call toll-tree at 1-877-778-1207. Service not available in all areas. Access fees, taxes, and other fees and restrictions may apply. Telephone toll charges may apply, even during trial periods. You are responsible for determining whether a call to one of our access numbers will result in telephone toil charges. Access may be limited, especially during times of peak usage. Dial-up numbers may be changed at PeoplePCs discretion. Continuous use subject to fcneout procedures. All use is subject to PeoplePC Onlinert Services Agreement and Acceptable Use Policy. 56K is the maximum speed of service; actual speed may vary. 0 2006 PeoplifPC Inc. All Rights Reserved. PeoplePC Online and its logos are registered trademarks of PeoplePC in the U.S. and other countries. 0 2006 Caphal One Services, Inc. Capital One is a federally registered service mark Ai rights reserved. periodic rate. To obtain the average daily balance for the billing period covered by this sratemem, we take the beginning balance of each segment each day, add any new transactions to each segment, and subtract: any payments or credits. ITT the code N appeal on the ham of this ststemerit next to 'Balance Rate Applied To,' we aim subtract any unpaid finance charge included in the balance of each aegmem.) This gives us the daily balance of each segment. Then, we add up all the daily balances for each mgm nd for the billing period and divide by the tonal -bar of days in the billing Period. TNS gives us the even daily balance of each aegmem. 3. Amrai fsimrs age Rates IAPRI. a. The term 'Annual Percentage Rate' may appear as 'APR' an the from of Oft statement. b. If the code P (Prime), L (3-mo. LIBOR), C (Certificate of Deposit), or S (Bankmd Prime) appears at the from of this raatemem neon to the padodc rete(s1, the pedock rates and corresponding ANNUAL PERCENTAGE RATES may very C runty and may I= am or decrease based on the Hated indices, es found in The War Street Joumal, plus the margin previously disclosed to you. These charges will be effective the first day of your Wllirg period covered by your Periodic statement erMfq in the made January, April, July and October. c. If the code D (Prime), F 0-mo. LIBOR) OF G (3-mo. LIBOR Repriced Monthly) appeare on the front of your statement Farm to the part c rate(s), the periodic rates and conespanding ANNUAL PERCENTAGE RATES may vary monthly and may Increase or decrease based an the stated indices, as fount it The War Street Joamat, plus t e margin previously disclosed to you. These charges will be effective on the first day ot your billing period each morph. 4. Aswanad of Lat., overtime and Rotund Pa neat Fan. Your accent will be anessd no more than two of the fees listed here that occur during any billing period. Under the tuns of Your customer agreement, we "- the right to waive or Cat to aseen any fees without polo notification to you without waiving our right to aseen the same or similar fees at a later Lima. 5.tRenwvkg Year Asses. If a membership tee appears on the from of this statement, you have 30 days Pram the date this mat orena was mailed to you to avoid paying the fee or to have such fee cradled to you it you cancel your accent. During this period, you may continue m use your account without having to pay the membership fee. To Cancel your accent, you mum entity us by calling our Customer Relatias Department ad pPay ywr'New Balancde' inndo fillf (excluding the =baeysip fee) pdor to a e the INrty-day pariah. 8. N You class Year Accord. You Can request to dose your account by calling our Customer Relatiom Deparbnem. You must destroy, your credit card(s) and accent access decks, Cancel all preauthorized bilkng, and mere usirre your account. If you do Car Cancel preauthorized bdlirp arrangements, we will consider receipt of a charge your authorization to reopen your assort. Additionally, your accaam will not be dosed ard" you pay all amounts you owe us including: any transactions you he- mithoriaed, fimrce Burge., Past due fees, ovedimt fen, returned payment fees, Cash advance fees and any other fees aseened to your account. You are responsible for these amounts whether They appear on Vale accord at the time You request to dose the accent or they are irlouried sxbeaquent to your request to dose the account. This may result in charges appearing on your account after you he- your acmum if it her already been dosed. For example, if you authorized a purchase it= a merchant and we receive the transaction from the merchant after your account has been dosed, your accent will be reopened, the amour of the charge will be added W your accoun, ant you will be respondde for payment. If there is a membership fee for your accent, rite fee will cantirua to be Merged, to the emem permitted by law, if the account balance has been paid in full as defined above. 7. Uakv Your Aoeatrt.Your Card or account mrylot be used in connection with any imertet gambling rrersamiens. 8. widisa About Electronic chaok Corwarson. When you provide a dock as payment, you authorize w either to use information tram your deck to make a one-time electronic fad transfer hen your bank account or to praess the payment as a deck transaction. Wlrerx we use information from your deck to make an electronic fund transfer, kids may be withdrawn from your bank assert as roan as the same day we receive your payment, and you will riot receive your check back from your financial illatitunon. BILLING RIGHTS SUMMARY (In Case Of Errors Or Querfers Abaci Your Bill) It you think your bill is imung, or if you reed more information on a Transaction or bill, write tow on a separate show as soon sa possible at the address for inrquldes shown on the from of this statement. We mum hear from you no later than 80 days after we sent you the first bill on which the error or problem appeared. You Can cal our Customer Relations number, but doing m will not Preserve year rights. In your latter, give w the fo,,OW it, mformatian: your mine and account amber, the dollar smart of the suspected error, a description of the error and an explanation, if possible, of why you believe there Is an error; or if you mod more infomation, a description of the Item you are onmre about. You do not new tbut o payarty amount kx gUHiion while wa are inveatlgetirnB it, you are MITI obligated to paY the parts of you bill that are nor in question. While we investigate your question, we Cams report you as delirptarm or take any action to collect the amain[ year question. I,t Spacial Rule Far Credit Card Purchases If you have a problem with the quality of property or sewacez that you P-tuaed with a credit Cam and you have tried in good faith to correct the problem said, the merchant, you may hove Ica right not to pay the remaining amount due on the property or services. You have this protection ally vMan the purohem price was mote than 460.00 aod the pinch. was made in your home Hate or within f 00 miles of your mailing address. %:- own or operate the merdum, of if wer milled you advertisement for the property or services, all purchases am covered regardless of ammm or location of purchase.) Please remember to sign all mrmspordence. t Dues Cat apply to consumer non-credit card accounts t Dan not apply to business nor cmailt card accounts Capital One supports information privacy protection: see our webaimOw fca deralll- core. Capiral y reginered service mark of Capital One Rmncial Corporation. An rights res rw rl. a 2003 Capital One 01 LOLBAK t How To Avsid A Finance Charge. . Orwa Period. You will have a minimum gram period of 25 days without that dueme on new purchases, new balance transfers, new epedal Purchases ant new other charges it you pay yea total 'New Balance', in eccortlence with the Important Notice for payments below, and in time for IF to be credited by your next state nem doing date. There is no gram period on Cash advances and special minters. In addition, there is no grace period on any transaction if you do sal pay the total -New balance.' b. Accruing Finrtce Charge. Transactions which are not acblect to a gram period era assessed finance charge 1) from the date of the transaction or 2) from the date the, transaction is processed to your Accent or 31 from ore first Calendar day of the ourrrt blllirg period. Addtianslly, it you did not paY the 'Now Belarce' hoot the previous big period i full, fir= charges =r to accrue to your unpaid balance until the unpaid balance is paid in full. This mere that you may still owe firanm charges, even if you pay the entire New Balance indicated an the from of your statement by the next statement closing data, but old not do so for the pm%aow mo mh. Unpaid finance charges are added to the applicable segment of your Acceutt. tc. Nisi urn Fnrtae pupa. For each billing period that your amount is abject to a finance charge, a minimum total RNANCE CHARGE of 80.50 will be imposed. If the total finance charge resulting from the application of your periodic rate(s) is less than $0.50, we will subtract that emotat from the 50.50 mirlmum and the difference will be billed to the purchase seprrnerq of your account. td. Tenprary Reduction In Firrwe Qrrpa. We maerve the do ao rot amen any or MI finance ,= Igo for any given fit erg period. 2. Average Duly Babes 1sdated b New Poraft.-I. a. Rnance charge is miy multiplying the daily balance of each seg t" of your amoral le.g., cash advance, purchase, pecial III I, and special purchase) by the mrrepontltl6qsdaily periodic retels) that has been previmsdy disclosed to you. At the end of each day during the billing period, we apply the daily periodic rate for each == of your acco rt m the dally balarae of each aegnrrt. Then et the an of the billing period, we addW the results of than daily calculations io arrive at Your periodic finarrm charge for Tisch segmem. We add Lip The results from esch segment to arrive at the total periodic finance Marge for your account. To get the daily Indexers, for each sagmem of your account, we take the beginning balance for each segment and add any new immediom and arty periods fimme charge calculated on the previous day's balance tort that segment. We than subtract arty payments or credits posted as of that day that arc allocated to that segment. TNS gives w the separate dally balance for each moment of your accom. Hovaevet, it you paid the New Balance shown an your previous satemem in full (or if yea new balance was zero or a credit amount), new transactions which par to your puduae or apedal purchase segments am mt added to the daily balances. We correlate the average daily balance by adding all the dally balances rogether and dvidirg the run by is nunher of the days in the cistern billing cycle. To Calculus your total finance cherpe, multiply your average daily balance by the daily psdodic rete and by is raanber of day. in the billing period. Due to rounding m: dally basis, there may be a slight variance between IN calculation and the amain of finance drupe actually assessed. b. If the Code Z or N appears on the front of this natemem next to 'Balance Rate Applied To,' we multiply the 7489M Itnpsrlam Noim: Payments you mail to us will be credited to your account as of the business day we receive It, provided 111 you send the bottom pardon of this statement and your check in the etctosed remmame envelope and (2) your peymem Is received in our processing career by 3 p.m. ET (12 upon PT). Plane allow at least five (5) business; days far postal delivery. yore s receive sbay s, at any other location or in any other loan may not be credited as of the day race} them. Our business days are Monday through Saturday, excluding holidays. Please do t cceun for the amount , Ire the Check This authorization applies yyo to ai m nt. enyoud during hec, (a), you auewme w to make a one-time electronic Transfer debit from your bank send erg the billing cycle even if sent by someone else. If we, cannot process the transfer, you authorize us 1. site a charge against your bank assort using the deck, a paper draft or Other item. . +. 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 L? 7" ?. of plaintiff herein, that (_x (TITLE) (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. (SIGNATURE) W WR# 3 :1 iPl, In the Court of Common Pleas of Cumberland Co. PA Civil Division Mary J. Miller no. 07-6858 civil term Defendant Complaint in Civil Action Vs. Capital One Bank Filed by Defendant Plantiff Mary J. Miller A nswer- I .- IA Before this complaint my Capital One Card has been paid and on time for the most part. Thecard became out of hand because of We charges and over limit fees, which I feel are Capita One's fault. I don't know the correct date but sometime between July 16-Aug, 2004 I had gone to a department store in a mall and tried to put $36.00 on my credit card (Capital One). It was refused. Because I was at my limit of $500.00 which has always been the limit of my Capital One Bank card. I wasok with the refusal. As I got into my car to head home, I heard an advertisement on the radio for quitting smoking. So I called the number, after talking to them for awhile, the asked me if I had any credit cards, and since I really didn't want the product, I didn't want to give them a card to put it on. However the guy I was talking to wouldn't give up. He said, surely you have at least one credit card. So I said I do, but it is maxed out or at it's limit. He said that's ok I can work with that. So I decided to give him my Capital One Bank credit card, because I thought for certain he would not be able to charge anything. Just 10 minutes before this I tried to use it and was told by Capital One it was to the $500.00 limit. The next thing I knew Capital One had allowed this company tp put $200 on the already maxed card, plus an over limit fee of $35 and a late fee of $35. So I called Capital One after I got the bill and asked how this could be. How could you let someone put $200 on my card and not allow me to put $36 on it. They didn't have an answer. So I told them to take off the $200. They said they couldn't do that. I asked why and why did they let this happen? They told me to call the smoking company and have them take it off, they said they couldn't because it was already sent. So I asked the smoking Co. how could they get $200 put on my credit card when I know for a fact that it is at it's limits. They told me that Capital One Bank sold them my account number and they could out anything on it for me, even two of the orders if I wanted. So by now I was a little upset and I called the Capital One bank back again. To ask how they could sell my account number, I didn't even think about selling a number, how can this be legal, this is so wrong. How can you do this? I still didn't get any answers. So I told them, close my account and until you take this $200 off and all the fees it caused, I'm not paying it. The following months I recalled the Capital One bank and asked them to do the same thing. Take off the over limit fees, late fees, and interest that keeps adding up and getting out of hand. They refused and so I refused to pay. Maybe I was wrong to give the Smoking co. a credit card I knew was at it's limit but that's the only way I could get this guy to hang up. I never dreamed it could go through. I still firmly believe that it was so wrong of them to sell my account number to anyone and allow my credit card to go so far over the limit and then add the over limit fees and late fees to it yet. That's just wrong as far as I'm concerned. 'o' J. l'r1, lle2 F IN q • • { Y cl*k rwr + SHERIFF'S RETURN - REGULAR CASE NO: 2007-06858 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS MILLER MARY J MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE MILLER MARY J DEFENDANT was served upon the at 1510:00 HOURS, on the 29th day of November-, 2007 at 333 ZION ROAD MT HOLLY SPRINGS, PA 17065 by handing to WARREN HORNE HUSBAND 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: Docketing 18.00 Service 6.72 Affidavit .00 Surcharge 10.00 ^ 00 J`0 34.72 Sworn and Subscibed to before me this day So Answers: cor !I R. Thomas Kline 11/30/2007 WELTMAN WEINBERG EIS eput Sh i of A. D. In the Court of Common Pleas of Cumberland Co. PA Civil Division Mary J. Miller no. 07-6858 civil term Defendant Complaint in Civil Action Vs. Capital One Bank Filed by Defendant Plantiff Mary J. Miller d? q- 0:3", Before this complaint my Capital One Card has been paid and on time for the most part. Thecard became out of hand because of late charges and over limit fees, which I feel are Capita One's fault. I don't know the correct date but sometime between July 16-Aug, 20041 had gone to a department store in a mall and tried to put $36.00 on my credit card (Capital One). It was refused. Because I was at my limit of $500.00 which has always been the limit of my Capital One Bank card. I wasok with the refusal. As I got into my car to head home, I heard an advertisement on the radio for quitting smoking. So I called the number, after talking to them for awhile, the asked me if I had any credit cards, and since I really didn't want the product, I didn't want to give them a card to put it on. However the guy I was talking to wouldn't give up. He said, surely you have at least one credit card. So I said I do, but it is maxed out or at it's limit. He said that's ok I can work with that. So I decided to give him my Capital One Bank credit card, because I thought for certain he would not be able to charge anything. Just 10 minutes before this I tried to use it and was told by Capital One it was to the $500.00 limit. The next thing I knew Capital One had allowed this company tp put $200 on the already coaxed card, plus an over limit fee of $35 and a late'fee of $35. So I called Capital One after I got the bill and asked how this could be. How could you let someone put $200 on my card and not allow me to put $36 on it. They didn't have an answer. So I told them to.take off the $200. They said they couldn't do that. I asked why and why did they let this happen? They told me to call the smoking company and have them take it off, they said they couldn't because it was already sent. So I asked the smoking Co. how could they get $200 put on my credit card when I know for a fact that it is at it's limits. They told me that Capital One Bank sold them my account number and they could out anything on it for me, even two of the orders if I wanted. So by now I was a little upset and I called the Capital One bank back again. To ask how they could sell my account number, I didn't even think about selling a number, how can this be legal, this is so wrong. How can you do this? I still didn't get any answers. So I told them, close my account and until you take this $200 off and all the fees it caused, I'm not paying it. The following months I recalled the Capital One bank and asked them to do the same thing. Take off the over limit fees, late fees, and interest that keeps adding up and getting out of hand. They refused and so I refused to pay. Maybe I was wrong to give the Smoking co. a credit card I knew was at it's limit but that's the only way I could get this guy to hang up. I never dreamed it could go through. I still firmly believe that it was so wrong of them to sell my account number to anyone and allow my credit card to go so far over the limit and then add the over limit fees and late fees to it yet. That's just wrong as far as I'm concerned. >- ' J .? tJ ? , c -ys-• ? `'r _ ? ?_ ,,, N ,1„ =.: ?? u , .,? ca rra ?, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. MARY J MILLER Defendant No. 07-6858 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R. Bibler, Esquire PA I. D #93598 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05950812 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 07-6858 CIVIL TERM MARY J MILLER Defendant PRAECIPE TO SETTLE DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR Settle, Discontinue and End the above-captioned matter upon the records of the Court without prejudice to refile and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: Attorne for Plaintiff 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05950812 SWORN TO AND /SUBSCRIBED before me this 00 day of '&W '2009 6 0( NO RY P L COMMONWEALTH OF PENNSYLVANIA Notarial seal Jennifer M. Borowski, Notary Public City of Pittsburgh, Apa"W County My Commission Expires Feb. 22, 2012 Member, Pennsylvania Assodatlon of NolsAes Pf...? ' !