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Home My WebLink About08-4915Our File No.: 176838 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff CAPITAL ONE BANK (USA), N.A. c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, VS. BEVERLY J WILLIAMS 12 N WASHINGTON ST SHIPPENSBURG, PA 17257-1421 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTTYNO.: M-1&15 04. vil-Ferrl- NOTICE 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.# 38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff CAPITAL ONE BANK (USA), N.A. c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: OF- 'Y91-5' -r...- BEVERLY J WILLIAMS 12 N WASHINGTON ST SHIPPENSBURG, PA 17257-1421 Defendant. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is CAPITAL ONE BANK (USA), N.A. c/o Apothaker & Associates, P.C., 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114. 2. Defendant(s) is/are BEVERLY J WILLIAMS, an adult individual residing at 12 N WASHINGTON ST SHIPPENSBURG, PA 17257-1421. 3. At the special instance and request of Defendant, Plaintiff, CAPITAL ONE BANK (USA), N.A., issued to Defendant(s), Account #4388641773965921. 4. Defendant received, accepted and used the account to its benefit. 5. This account is in default and Defendant(s) has an unpaid balance of $6,593.58. A true and correct copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A". 6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are included in Exhibit "A". 7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as above. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $6,593.58 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney Plaintiff A Law Firm Ens e in Debt Collection BY: David J. AMffiaker, Esquire Dated: 8/6/2008 Our File No.: 176838 VERIFICATION Z.b •! , hereby states that I am for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unswom falsification to authorities. DATE: P The Deal You've Been Waiting For... 003 MOTOROLA FREE?R V3 erjor M> FREE* Wireless Camera Phone af8r eehrOr xdTy > BONUS Free Bluetooth® Headset ($60 Value) > FREE Shipping & Handling iteACT d Time X cingular WIREFLcapital he° Cardoldem raising th ebar-di' Tice W! lalm SuperIdens t- Account S Previous Balance $2,055.70 Payments, Credits and Adjustments $.00 Transaetions $35.00 Finance Charges $47.39 New Balance $2,138.09 Minimum Amount Doe ;2,138.09 Payment Due Date November 25, 2005 Total Credit Line $1,500 Total Available Credit $.00 Credit Line for Cash $1,500 Available Credit for Cash $.00 Atyoutrservice To raB Customer Relations or to report a lost or stolen nrd_ 1-800-903-3637 For free online --t service and :Peels" aytoroq ogee, 1.8 4. to: v 'rapitala-even Send Payments to: Seed inqueiee to: Arm! Remittance Processing Capital One Bank CaPw. One P.O. Box 790216 P.O. Bas 30295 St Louis, MO 63179-0216 SW, UT 84130-0295 Imoortant Account Informatiorr- m Twelve unsung heroes of college athletics are competing for the honor of Capital One National Mascot of the Year - and you can help decide who wins! Each week, the mascots go head-to-head in competition, but only one will win the coveted title and $10,000 for their school. Go to capitalone.com where you can vote daily for your favorite mascot - and don't forget to tune in to the Capital One Bowl on ABC on Monday, January 2, 2006, to we who wins! PLATINUM VISA ACCOUNT 4388-6417-7396-5921 SEP 26 - OCT 25, 2005 Page 1 of 1 Payments, Credits and Adjustments Transactions 1 25 OCT PAST DUE FEE $35.00 We appreciate your business and are converting your account to Platinum status as of October 17, 2005. So, be on the lookout for the arrival of your new Platinum card at your next reissue. Until then, you will receive Platinum benefits when you use your current card. For details about your new Platinum benefits, visit www.capitalone.com/creditrards and click on the Guide to Benefits link. Thanks for choosing Capital One. You were assessed a past due fee of $35.00 on 10/25/2005 because yow minimum payment was not received by the due date of 10/2512005. To avoid this fee in the filmrq we recommend that you allow at least 7 business days for your payment to reach Capital One. C-mince Cha%w Pleme see rCYCRI ssikfor imtortant tnfffam tum BaJ «+d. Ae C -er APR 6 WE geptidio t PURCHASES $2,07&51 .07600%P 27.74% $47.39 CASH $.00 .07600%P 27.74% A00 ANNUAL PERCENTAGE RATE applied this period 27.74% PLEASE RETURN PORTION BELOW WITH PAYMENT V 0000000 0 4388641773965921 25 2138090070002138099 New Balance $2,138.09 Minimum Amount Due $2,138.09 Payment Due Date November 25, 2005 Total enclosed ; Account Number: 4388-6417-73%-5921 Pkauprud nvd z Jir asdinre-smd ehunzer&loru arindbba orb/aek dsk Steve APL s cry sine ZIP Home Phone AIIeranx Phone #9029968411760321# MAIL ID NUMBER Capital One Bank BEVERLY J WILLIAMS P.O. Box 790216 11111111111111 11111 11' a 12 N WASHINGTON ST St. Louis, MO 63179-0216 0 SHIPPENSBURG PA 17257-1421 Pleare vnitcyosa auonnt number onyonr chuk rsr money order rnadrpayable to Capital One Bank and mail in the endweden-4?e. F 8 O O r? .? b c-n ^> z??r ?` C ?J ?Z ` _y;.r _ « ? MM `_' ?=-. ev ri'1 -? n? c:-. -? 0 SHERIFF'S RETURN - REGULAR CASE NO: 2008-04915 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA N A VS WILLIAMS BEVERLY J KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WILLIAMS BEVERLY J the DEFENDANT , at 0923:00 HOURS, on the 23rd day of August , 2008 at 12 N WASHINGTON STREET SHIPPENSBURG, PA 17257-1421 by handing to BEVERLY WILLIAMS 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 9I?I pth 20.00 Affidavit .00 Surcharge 10.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 08/25/2008 APOTHAKER & ASSOCIATES By: of A. D. Our Filei'go.: 176838 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CAPITAL ONE BANK (USA), N.A. c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. BEVERLY J WILLIAMS 12 N WASHINGTON ST SHIPPENSBURG, PA 17257-1421 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08-4915 NOTICE 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 Our File No.: 176838 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CAPITAL ONE BANK (USA), N.A. c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. BEVERLY J WILLIAMS 12 N WASHINGTON ST SHIPPENSBURG, PA 17257-1421 Defendant. NO.: 08-4915 AMENDED COMPLAINT (As to Amount Due) FIRST COUNT 1. Plaintiff is CAPITAL ONE BANK (USA), N.A. c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are BEVERLY J WILLIAMS, an adult individual residing at 12 N WASHINGTON ST SHIPPENSBURG, PA 17257-1421. 3. At the special instance and request of Defendant, Plaintiff, CAPITAL ONE BANK (USA), N.A., issued to Defendant(s), Account #4388641773965921. 4. Defendant received, accepted and used the account to its benefit. 5. This account is in default and Defendant(s) has an unpaid balance of $3,817.11. A true and correct copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A". 6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are included in Exhibit "A". 7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as above. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $3,817.11 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney fo mtiff A Law Firm Engage in/Debt Collection BY: David J. Apot? a`1cer, Esquire Dated: October 30, 2008 Our File No.: 176838 VERIFICATION hereby states that I am for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unworn falsification to authorities. DATE: 003 • The Deal You've Been Waiting For... MOTOROLA FREE?RAZR 3 alea aireatmn9 a?.r ne.e,.m a- > FREE` Wireless Camera Phone > BONUS Free BluetoothO Headset (;60 Value) > FREE Shipping & Handling ACT NOW Limited Time Offer •-- X cingular WIREFLY. f°C',?e' raisingthebar a9Y' TheVarrless Su Pate PLATINUM VISA ACCOUNT SEP 26 - OCT 25, 2005 CW" 4388-6417-73%-5921 Page 1 of 1 Account Summary Payments Credits and Adjustments Previous Balance $2,055.70 Payments, Credits and Adjustments 1.00 Transactions Transactions $35.00 1 25 OCT PAST DUE FEE $35.00 Finance Charges $4739 New Balance $2,138.09 We eciate your business and are converting your account to Platinum status as of October 17, Minimum Amount Due $2,138.09 2005. So, be on the lookout for the arrival of your new Platinum card at your next reissue. Until Payment Due Date November 25, 2005 then, you will receive Platinum benefits when you use your current card. For details about your new Platinum benefits, visit www.capitalone.com/aeditcards and click on the Guide to Benefits Total Credit Line $1,500 link. Thanks for choosing Capital One. Total Available Credit $.00 you were assented a past due fa of 135.00 on 10/25/2005 because your minimum payment was not Credit Line for Cash 11.500 Available Credit for Cash 1,00 received by the due date of 10/25/2005. To avoid this fee in the future, we recommend that you allow at least 7 business days for your payment to reach Capital One. At your service To all Customer Relations or to report a lost or stolen card: 1-800-903-3637 For free onlii- aocaunt service and sp."l -to.. offers, 4 on to: w .mpitalone.com Send Payments to: Send inquiries to: Attn: Remittance P-sing Capital One Bank Capital On< P.O. B. 790216 P.O. B. 30285 St Lou., MO 63179-0216 SLC, UT 84130-0285 Important Account Information Twelve unsung heroes of college athletics are competing for the honor of Capital One National Mascot of the Year - and you can help decide who wins'. Each week, the mascots go head-to-head in competition, but only one will win the coveted tide and 110,000 for their school. Go to capitalone.com where you can vote daily for your favorite mascot - and don't forget to tune in to the Capital One Bowl Finance Charges Pleare zee reverse ride for important information on ABC on Monday, January 2, 2006, to see who wins! Bel , ?, P -Al C-..,maJmB APR gpplirdro .era PURCHASES $2,078.51 00 $ .07600%P 27.74% $47.39 07600%P 27.74% $.00 . CASH . ANNUAL PERCENTAGE RATE applied this period 27.74% PLEASE RETURN PORTION BELOW WITH PAYMENT 0000000 0 4388641773965921 25 2138090070002138099 CW" Pfrarrp.inr soiling adira-.d o. r-ma?lclran6.. be! .sting bhu o. black in.E New Balance $1138.09 Minimum Amount Due 12,138.09 sa«t Apt i Payment Due Date November 25, 2005 City so < ZIP Total enclosed $ ?1 Ham<Phon< Al ems a Phone Account Number. 4388-6417-73%-5921 i? #9029968411760321# MAIL ID NUMBER BEVERLY J WILLIAMS I Capital One Bank 12 N WASHINGTON ST P.O. Box 790216 ""' s"' "' a iiiiiiiii¦ SHIPPENSBURG PA 17257-1421 St. Louis, MO 63179-0216 °m s.. o aa? Pleae unite yarn amount number on your cbect or money order made payabk to Capital One Bank and mail in the endaed env kte. FREE*RAZR V3 stern r.ew and 2•,e. aryw aRwfwa Motorola RAZR V3 phone indudes: >Digital Zoom Camera >Bluetooth Capability >Built-in Speakerphone >Uhra-Thin Compact Design Cingular Winless Plans include: > Unlimited Mobile to Mobile >FREE Nationwide Long Distance >No Roaming Charges >Rollover Unused Anytime Minutes (A feature specific only to Cingular Wireless!) t. lbw To Avoid A Finance OhWgs. ta. Qaee Dada/, You vA have a minimum grace pariod of 26 sari witlrout aronce charge n maw punIs new balarxxr transbrs, new apeciN purdasea end new other drerges if YW pay your toulnt hlNanv Balance otlce for paym _ sccordance when 1M Ynpone a? bBlo?a?, aro M time for It to b. credited by your next mtemerd dosing date. Thera Is ro grace period on cash advnces and special thus. In addition, them is no grace period on arty tansactin it you do not pay the total New b. A bslartu.' nni Gunge. Transactiaa witch are rot Faes wbfgect g ea to a grace period are =.V, firoroe rga tl tram the date of the trnwcdfrail the date the transeCtlon Is prouwd o pot Aazont or 31 Tan tb. a=rt c.C0=r day of the atnem Dlarq period. Addtknsily, it you did not p.y the 'New BNmei from tine Provias - bining period In WII, marucs che=gea co - to accrue to Tsar unpaid balance utdl the unpaid balance is paid in suit Tits nears that you maySavii a owe Mnnce Barges, awn it yaurpatbV de rob. M-- doskgtdata, but did not do so tar the previous march. Unpaid silence charges an added to theappNc able sepnam of your Accent. t c.? $irwse Gtwgs. ror each Wgeug period that your eccorrtt a sugeet to a finaros durga, a mklmun tool FiNAYVCE CHARGE of $0.60 will b. knposedo'f Uar total finance he reerldnp frail 1De a0olicat You periodic matat w lea tI la50, wa will r. a that amoud from the $0.50 minimum and the dlferertce will be billed to the purchase of your accent. t d. TerrpwrV lisduoNent In FYrioe OMrP. We reserve t e riQM to not atwesa nV or as entsrr:e dargas any given billing Dedod. New Prahsarl. Z. Avwsgs 0egy lWwe I a. Fl- cltarpe Is caoJetai the d1sa It hsiance or teach seannt of ;1=.t (e.p., ash advsnca, purchase, spade. transfer, and $Peedal Purchase) by the urrapawarq daily periodic rmis) that has been Previously dedosed to you. At the aid of each desy wOng i? Ue billing period, we apply the daily pedodc ate eon entice eepnrwn o vow accoud w tie deity Wlnu of sea sepnnt. Then n tie an0 of w bin rag period, vs add up Use ro"uta of dauitnge te dasY ula h sag seper ardor et your pedodc firvoroe br each neM. We add tp the results from each segmaa to ardor at the total periodic finance -. br yaw arxaraN. TO gat thbthe beglMe daNY Mlanca or each sgeterd of ynr eccouad, Yn ornp Wwnce br each apnea aM add any trod I ? d," and any Periodic firarru charge we than subtract any previous day's belanoeor that segmerd. ad B. N Ywu cbm Yaa Aeeaatt. You cm regtwt to dose paymenta or trod." pared as of that day that a10 lout to dot mpmwm. This gives ut the =rate dsllY panca the or tech eegmwtt of your vlwua? maiMe dint inn h111dor New Balance shown ter par p it 'Nor new hsianca ores xsro or a credit staved), new trawctiens witch post to yea Pudrsse w Axial purchase segments an rum added to the dsifY palanca. W ulalate the average Way DNarrx,bY adding all des daily Zadrtcatogether spa dvidrrg the ram DY the amber of ays in tha a A= bfianq cycle. To cala4te your total 8 firordca charge, mwMply Wes averag. daily belant by vie p tleNV Dedodc no and by des m , of dsri br the NINng N pad Due to rouddnp on e tbuy basis, Urero may b. a N siigltt rience between tins cal sdrer and the amount of finsrrce du actually eseased. b. If the code Z w N appan n the front of this nmmem N and to 'Balance Rme AW6dI To: vm mt"Pdy de _ .. _ _r._ - __ by vour momNV Order Today! Call 1-800-973-0691 Or Visit www.wirefly.com/capitalone a a x cing4larr W" REFLY •a?ftnet t afw aompYOVFm rad?eeol . Thill Oft h? d Wftft ekrc , an !4 =Ski ? Itr to or wMG MIrOuYrWkelea. Not ON US mrkeb are served by CMprYr Mnrwos• g 9°b ere tat in if Ctloll?M?hbseaeayau eM 01111111 reeldcgae 1 fill ills, Tor delNle. Oiler retaNe rills giael abler Iran amtlNr mans, vdfelws 0 Ned tfalMr4rif8 5ekes sbyenber 30, 2005.Oft Prey ve7 ckfgf+s,10 J kon, RoNaas and Yk are roya d CYlpbs YWeler, LLC. Rafailq The Bs aId fit kmn se service tas danAler aw two 1(190 1111111 or molfrell tadfffaft ks d Walm LLC. angular O LLC N 2006 CYq?r ?rd? ? fpphtldoa, VW nil WW W are reepareWle to fb offs, XW liae not IdBbated with Capital One. CIII One does YOU maybe ??r4pnWd haws sowned1byy ttetarapec.M etdNy ANtgMe fserYad• rospordkg to tide offs, wrnnxascsklN Watnauar about yonW to the company M poyNes tW ROW - for example, that ydu are a CapildOne aWomar. O 200.5 CfpW One Stdvicee, Inc. Capital One is a Weigh modenitif ?? mark All it" reserved. periodo raw. To ddein the average daily Whence for the bgU period of silt segment teach day,Mdt any new vensedfans to eedt aepndnt, and subtract wry P+` mails or credits. lit the dada N aPPean on Me Tom of s mta mwri next to'Bsienca Rate Applad To: vra also erbtmd my tat aid Nnartcs charge incfruded In the balance of each segmwd.l This give w the d.xy bsianos of each aepnmt. 71an we add up all the daily balances for each segment for the bl" period and divide bV the total numb., of days In the DNling period. This b;. us the ewrsppe? dail?y bsiance of each segment. 3. Arced Dwssdege Rates IAPAJ. a. The term 'Amts) Penurtape Raw' may appear as APR' on Ue of rids "atemwn. b. If tha cede P 1=01 !, L 13•mo. LIBORI, C (O"oicam of eppeen on dire hen of DepoW), or S Wankean Pilots, tits etaternentt ram to Use Pedodic ms(s), de pedodc rota and coneapo .g ANNUAL PERC.AOE RATES they wry gosnariy rW m y incrase or decrease based on Ue stated indices, as lard in TM Wall saw, JournM, plus the aruugn prevousy disclosed to you. These ch as wa beefbcUw on the fins day of your billing pa' W= DY your Periodic sfatemem ertdirtp . aros, Aod, JJVan Ocwb.r c. Ifth W4.0 the made ( JPdmel,ryF 1 mo. LIBOPo or G 13-mo. UCed MaWlyl eppesro on d de frail of your waterrtent rata to me psdodc ,nets), des Pe 'rota and comaspaNhq ANNUAL PFACENTAGE RATES may very mdxWly wWW may Increase or decrease based n the sated kndces, as feaW in The Wea Street Jounal, pi- th. margin prevosly dsdwd to you. Theo chartpes will ba eflecdw on the fins day of your billing period each month. d. Aaawwst the Law, Ovsmbit aro Xaasrrse DaNemd Fw. Your accalad wIN ba sassed rte moro ddanod Under the period. lined hen Uat oxur dabtp any babg tens of you txstemer agreement, vre reserve Us ddH to wNw or not to "save any tea withaa prior naiautln to you wltb.u wsivkp our right to eases the same or similar bas et a Imr time. Oven echo Yea Aaaetnt. It a rtrombanNP have 30 Wasp n the httm of Ws matemmt, you days from the data tors mtwmnt was malled to you to avoid paying des we n to have such fee credited to you if V. cared War occaun. Wring Ws period, you they conthas to use Wes amodrH wlthant hevNq to pay des membership fee. To ra=ttan yon amour, you mum notify a by uNkug our Ctatan°r Relations Depamm?t and pay your'Naw Balance' in hb la 1b. no Ue Membership fee) Pdw to the end of the 0,M-daV Period. yyoeua "stead DY c+fikrp ter p,WZrsrredit umcFlsiatlans must dtWro Your IMpadmwd. Yw tal end accent attest clacks, cancel all proauhorized galling, and tease usirq you accent. If you do not anal proaWOrised anaN arrangormn a, we wlNc°nsiderr e receip of • chsrga ywr r amdrrd wifi ,=,= AtldltonsNY. You uda yar pay all amounts rs bdtrdnp: any tranaectiaa pas Mw auMdxed, finsrrce detgae, path dos for, ovsdNnN tor, returned permed fees, cash :louse ores and mV aro, fete amassed to vote adxorad. You ors reeaetalde or these mounts vvhetb.r gay appser n your atxoued et the tone you ,sprat to pia i ?ddo twhey eoromt.m. T?luls msie Wttm Baron anosamg on your account after you Mw your amorra if it Ma already beta dosed. For example. It yw amladzed a purchase from a merchant and vm -ye the trensa f= Ua mm, waiM your l barreopaned, been dosed,ern,your account b.s ctbn the ayymwou? wla oeeMreq foDarnemtlt there saan, and mamberahrlp,aldea for your account, the fee will continue to be cha law I the accent be arcs to The extent pertted has been paid in tfulll as de uebove. 7. Usktg Yerr Aoseud.Your card or account tenor be used In caxacdn wmh any imemet gambling tra sseWtns. 8. Nutlaa About Eleelrsels Oaek caudrsrYn. When Voce provide a check as par ,you authorize a either M use Informed- from your deck to Meke a ons-time electmric knd traroter from yae bank accoud or t- P" the payment as a dock t=1 . Wtan we use inlormadm t=an your deck tc brtd trarrefer, TtaWS may be withdrawn from your bank scanted as soon as the arcs day we receive your payment, and you will rat receive your check back from your fiurousi Iramudon. BILLING RIGHTS SUMMARY Inn Gee Of Enm Or Oueatidn About You Bill) If youmraeonWruk your bill ds wrap, or if you need more inb n a trarwectin or bill, write to W W 8 separate sheet tee soon tee Pwdbie at des addnae for inquiries Grown n the from of this netemem. We mat hear trail you ro later than BO desqq tens, we silt you tie first bill W witch the error or problerm apparel. You can n dfdrtp se will not call our gstomr Rmniar stab.,,give bi loving call our Yoe, rigors. b vow assn, os the intimation: par rams and aomutt reatber, the dofial anou+ut of Uta aunpeored srtor, a desedptiott of 0. eIt end m etdarotlon, it posedbie, of wfw you Dsllsw there ie an enw; or If you need moro ownat a deacripdon ofn, a wa a its oga d that aro rot =I==. obegated to pay tro pa Your in n, we carrot on. Whilwe inwatlgkawe Yoder WetI ____que.sti _. __ ...,. .,r r env talon to ailed 1b. " you have a prabiem with the r$Wity of Pz:r. Or servkea that you purchased with a credit card end yon haw tiled In good faith to corracl tha tMW Wth the remaining mercltam, you may haw rty tie or right rot services t My Von y he the w this . a maad due on ::.Pc he" protection my Purchase price was mom than $60.00 she the puniase was Made In yea home mate or w due mercfram, or n dlima? ()e ° or opera ed:rtj. d to' r the or if i i m Y or service, tahll purchases sro cevered rsgardw re smarm or location of purchase.) Poeae =emembar to sign all cerreeportdertce. t Does not apply to consumer, nun-credit card accosts t Does nor API* to business non-credit card accuu me Capiul One mppons nbmation privacy protection : we our weDSiw at www.cepitsioro.con. Capital One Is a bdersily n wrod service mark of Capital One FTandal Corporation . All nghw reserved. ° OOOOLBAK Capital One Irnpwswd llolioa: Payments You nag to w wIN b. cradtad to your actxxad as of tfe D O Y p r 'rotl2 ? ?t M met y rt five ran obrrkese dari for pomm dyck Nive Carter in de errdosed remlTartp nvelope W l2) Ytra peYmem b rocsiwM y err pmasirq y SaturdsV. exV=ng holiday". Our Pay.. rocsived bV u et nY afar beaUon or n wry otlter bum may not Wra she cwyout ad a is the del v Youu audaUw. w to m oreri-dam elect " tr rarer dehlt from bank Pbese do rat we mda, PePer dip", etc. when Preparing pot faYd' r during the it. cycle even df sent DY eaneera else. If vre umor process tha transfer, you accost or he amount of the clack. This sutorixation applla to NI daclu m to make a her, sgsimt your bank account gang the clack, a paper draft or oiler Item. t,t Special Rule For Credit Card Purchases c C =D T - L 7 C-,7 CAPITAL ONE BANK (USA), N.A. IN THE COURT OF COMMON PLEAS OF c/o Apohtaker & Associates, P.C. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. BEVERLY J. WILLIAMS Defendants No. 08-4915 JURY TRIAL DEMANDED ANSWER TO PLAINTIFF'S AMENDED COMPLAINT AND NOW COMES the Defendant, Beverly J. Williams, by and through her attorneys, Jerry A. Weigle, Esquire, and Weigle and Associates, P.C., and file this Answer, averring the following: 1. Admitted. 2. Admitted. 3. Admitted 4. Admitted in part and denied it part. It is admitted that Defendant opened and used the above referenced Capital One Bank account. It is specifically denied that the amount alleged to be due and owing is accurate and strict proof thereof is demanded at trial. 5. Admitted in part and denied in part. It is admitted that there is a balance due on the above referenced account. It is specifically denied that the amount demanded is the amount currently due and payable and strict proof to the contrary is demanded at trial. By way of further answer, the amount claimed and being due and owing ($3,817.11) does not agree with the proof offered in Exhibit "A" ($2,138.09). WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 6. Denied as stated. Defendant is without sufficient knowledge and information to form a belief or to the accuracy of the allegations, and strict proof or to what amounts have been credited to Defendants account is demanded at trial. 7. Admitted in part and denied in part. It is admitted that previous demands for payment have been made and that Defendant has not made payment of the amount demanded on the Complaint. It is denied that said amount demanded in the Complaint is accurate and therefore due and payable and strict proof to the contrary is demanded at trial. WHEREFORE, Defendants respectfully request that your Honorable Court enter judgment against Plaintiff and in favor of Defendant. Date: Respectfully submitted, WEIGLE & ASSOCIATES, P.C. B Je A. Wei le, Esquire Attorney for Defendant Attorney ID No. 01624 126 East King Street Shippensburg, PA 17257 717-532-7388 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 VERIFICATION I verify that the statements made in the foregoing Answer to Amended Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Dated: , ' _ ??? ?' 61 ?Y BEVERL LLIAMS WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ( .. r'_. ' . ? 4.?-? T'•.. a 1 ....' ,.(,? ?.. {?: it CAPITAL ONE BANK (USA), N.A. IN THE COURT OF COMMON PLEAS OF c/o Apohtaker & Associates, P.C. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. BEVERLY J. WILLIAMS Defendants No. 08-4915 JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE OF COUNSEL To the Prothonotary: Please enter my appearance on behalf of the Defendant, Beverly J. Williams. WEIGLE & ASSOCIATE?, R Dated:/ 2--2 3- 0 F- By: Jkrry A. VVt We, Esquire Attorney ID # 01624 126 East King Street Shippensburg, PA 117257 (717)532-7388 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ` , 44^? r;-.. -•--t 1 C' 1 ..._.. _. o- .. - . Our File No.: 176838 CAPITAL ONE BANK (USA), N.A. Plaintiff VS. BEVERLY J WILLIAMS Defendant Civil Action PRAECIPE FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Res ly tavallaro, ed, Be jam n J. Esquire ? C~ ?c I rv i V w? f\y cr? Benjamin J. Cavallaro, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue 2. The claim of Plaintiff in the action is $3817.11. ORDER OF COURT The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: For Defendant For Plaintiff ATTN: MR. JERRY A WEIGLE ESQ Benjamin J. Cavallaro, Esquire 126 EAST KING STREET 520 Fellowship Road C306 SHIPPENSBURG, PA 17257-1397 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. June 18, 2010 AND NOW, and as prayed for. Esq., and 20_, in consideration of the foregoing petition, Fn Ti Esq., Esq., are appointed arbitrators in the above captioned action By the Court, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 08-4915 $44,00 Pb A7Y-/ e agyags Our File No.: 176838 CAPITAL ONE BANK (USA), N.A. ) Plaintiff ) vs. ) BEVERLY J WILLIAMS ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 08-4915 Civil Action PRAECIPE FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: ,6. ? C s ?5 v,t -< Benjamin J. Cavallaro, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue 2. The claim of Plaintiff in the action is $3817.11. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: For Defendant For Plaintiff ATTN: MR. JERRY A WEIGLE ESQ Benjamin J. Cavallaro, Esquire 126 EAST KING STREET 520 Fellowship Road C306 SHIPPENSBURG, PA 17257-1397 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Res ly ;Su m ed, June 18, 2010 Be jam n J. avallaro, Esquire ORDER OF COURT o{ AND NOW, 20th , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action as prayed for. ?? r I By the Court, C'i l ' ° CCI Cx.. / 1114.., 4014. 00 Pp ArM e* is?47a e'1gg2qs CAPITAL ONE BANK (USA) NA IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 08-4915 CIVIL BEVERLY J. WILLIAMS, Defendant ORDER AND NOW, this 2 .! day of December, 2010, the appointment of a Board of Arbitrators in the above-captioned case is VACATED. William A. Addams, Esquire, Chairman, shall be paid the sum of $50.00. /17 BY THE COURT, Kevin . Hess, P. J. -,- illiam A. Addams, Esquire Court Administrator LIZ- :rlm a? rn a ? ??.c?. IY !U Cn C= N C7 CD Yt rfi cc) M , ?i cn r" ? ? o ? N 0 r- : xc:) xc=) ? o -r Our File No.: 176838 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff CAPITAL ONE BANK (USA), N.A. Plaintiff, VS. BEVERLY J WILLIAMS Defendant. I"=ILED-ClC"I``1` 2010 DEC 17 PPS 1: 34 CUMBERLAND COUNT"-' PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-4915 PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & ASS4Dt TES, P.C. Attorneys for P ff A Law Firm Engaged ' Col lection By: David J. Apoth cer, Esquire Dated: 12/8/2010 HNIIIIIIIIIII