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Home My WebLink About08-6225 IN THE COURT OF COMMON PLEAS OF CAMBRIA COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff, VS. DONALD J GONSER DONNA M PARSON, Defendants.. UP- G') aS li" No. 2006-4675 I ORDER OF COURT AND NOW, this ? day of 00 , 2008, it appearing to the 6 Court that the proper venue for this action is Cumberland County, Pennsylvania, it is ORDERED, ADJUDGED and DECREED that this action be and hereby is transferred to Cumberland County. J. EXTRACT FROM THE RECORD TIF D DAY OF L L? cc O .. C-) LLJ o` x .st C> r? x C) Ct3 C) C-' U- ? a ?-- o o cn WWR No. 05467400 !i O C_ PYS511 Cambria County Prothonotary Page 1 Civil Case Print 2006-04675 CAPITAL ONE AK (vs) DONALD J GONSER ET0 Reference No..: Filed........: 10/24/2006 Case Tyyppe'.....: COMPLAINT CIVIL ACTION Time. ... 0:43 Judgment..... .00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: ******************************************************************************** General Index Attorney Info CAPITAL ONE BANK PLAINTIFF WARMBRODT JAMES C 6851 JERICHO TURNPIKE #190 MOLCZAN WILLIAM T SYOSSET NY 11791 L~ f ow- (R GONSER DONALD J DEFENDANT %`' ' IDP4f'?F 1095 PETERSBURG RD BOILING SPRINGS PA 17007 D ALD- PARSON DONNA M DEFENDANT 1095 PETERSBURG RD T BOILING SPRINGS PA 17007 r„Aliwr r PROINONOTAR'+' ******************************************************************************** * Date Entries ******************************************************************************** - - - - - - - - - - - - - - - - - - - - - - - - - - - 10/24/2006 COMPLAINT IN CIVIL ACTION ANDRNOTICERYFILED. (AMOUNT OF DAMAGES CLAIMED: SEE PAPE1t). ------------------------------------------------------------------- 11/28/2006 PRAECIPE FOR REINSTATEMENT OF COMPLAINT, FILED. REINSTATEMENT DIRECTED TO SHERIFF. , ------------------------------------------------------------------- 1/12/2007 SHERIFF RETURN RECEIVED. 11/22/06 RECEIVED COMPLAINT WITH NOTICE TO DEFEND. NOTIFIED THE PLAINTIF'S ATTY. THAT WE NEEDED CHECK TO DEPUTIZE CUMBERLAND COUNTY. NEVER RECEIVED. PAPERWORK EXPIRED ON TH S DATE. 1227/06- RECEIVED REINSTATED COMPLAINT WITH NOTICE TO DEFEND NOTIFIED THE PLAINTIFF'S ATTY. THAT WE NEEDED CHECK TO DEPUTIZE CUMBERLAND COUNTY. NEVER RECEIVED. PAPERWORK EXPIRED ON THIS DATE. SHERIFF KOLARS COSTS PD FOR BY ATTY FOR PLFF. TOTAL COSTS $9.00 ------------------------------------------------------------------- 9/15/2008 MOTION FOR CHANGE OF VENUE FILED BY WILLIAM T. MOLCZAN, ESQ. ------------------------------------------------------------------- 10/06/2008 NOTICE OF PRESENTATION FILED BY BENJAMIN R. BIBLER, ESQ. (10/13/08) ------------------------------------------------------------------- 10/06/2008 ORDER OF COURT DATED OCTOBER 6 2008 FILED THIS ACTION IS SFERRED TO CUMBERLAND COUN'T'Y, ETC. SEk PAPER. BY THE COURT: : S LEAHEY, J. (COPY ISSUED TO WILLIAA T. MOLCZAN ESQ., DE ENDANTS AND A CERTIFIED COPY TO CUMBERLAND COUN'T'Y) ------------------------------------------------------------------- 10/07/2008 RECORD TRANSFERED TO CUMBERLAND COUNTY AS PER ORDER OF COURT DATED OCTOBER 6, 2008. - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Infor ation * Fees & Debits Be Bal PymtslAd ******End Bal ******************************** ******** ****** ************************* TAX ON CMPLT .50 .50 .00 AUTOMATION FEE 5.00 5.00 .00 JCS/ATJ FEE * 10.00 10.00 .00 COMPLAINT-C.A. 50.00 50.00 .00 ------------------------ ------------ 65.50 65.50 .00 ******************************************************************************** * End of Case Information ******************************************************************************** v IN THE COURT OF COMMON PLEAS OF CAMBRIA COUNTY, PENNSYLVANIA, CIVIL DIVISION CAPITAL ONE BANK, Plaintiff, V. DONALD J GONSER DONNA M PARSON, Defendants. No. 2006-4675 MOTION FOR CHANGE OF VENUE 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. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 C) _Y1 co . =.- C"' M m -a co .? (A zr m < < O C-) O WWR No. 05467400 0 0 IN THE COURT OF COMMON PLEAS OF CAMBRIA COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK., Plaintiff, vs., DONALD J GONSER DONNA M PARSON, Defendants. NO: 2006-4675 NOTICE OF PRESENTATION PLEASE TAKE NOTICE that the within Motion For Change of Venue will be presented on the day of ec, 2008 at 9:0 a.m p.m., to Judge (Motions) of Cambria County, Cambria County Courthouse, South Center Street, Ebensburg, PA. 15931, at which time you may be present to oppose, object to, or otherwise respond to said Motion For Change of Venue. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Notice of Presentation was served on the following on this ID +1 day of 2008, by first class, U.S. Mail, postage pre-paid: DONALD J GONSER And DONNA M PARSON 1095 PETERSBURG RD BOILING SPRINGS,PA 17007 WELTMAN, WEINBERG & REIS CO., L.P.A. By: ) William T. lczan, Esquire PA I.D#: 47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 0 0 IN THE COURT OF COMMON PLEAS OF CAMBRIA COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff, VS. DONALD J GONSER DONNA M PARSON, Defendants.. No. 2006-4675 MOTION FOR CHANGE OF VENUE AND NOW, comes the Plaintiff, by and through its attorneys, Weltman, Weinberg & Reis, Co., L.P.A., and files the following Motion for Change of Venue: 1. On or about October 24, 2006 Plaintiff filed a Complaint in the Court of Common Pleas of Cambria County, Pennsylvania. 2. On or about February 15, 2007, Plaintiff learned that No Service had been made on the Defendants. 3. On or about September 11, 2007 Plaintiff was notified by Post-Office Check that the Defendants' address is that of 1095 Petersburg Road, Boiling Springs, Pa. 17007, which is under the jurisdiction of Cumberland County, Pennsylvania. W WR No. 05467400 0 0 4. On or about July 25, 2008 Plaintiff contacted the Tax Assessment office of Cumberland County and confirmed that the Defendants' address of 1095 Petersburg Road, Boiling Springs, Pa. 17007 is under the jurisdiction of Cumberland County, Pennsylvania. Cambria County is not the proper venue for this action. 6. Cumberland County is the proper venue for this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an order transferring this action from Cambria County to Cumberland County, together with any further relief that this Honorable Court deems appropriate. Respectfull ubmitted, William T. czan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 05467400 t VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities, that he is an attorney for the Plaintiff herein and makes this Verification based upon the facts as supplied to him by the Plaintiff because the Plaintiff is outside the jurisdiction of the court and the Plaintiff's Verification cannot be obtained within the time allowed for the filing of this pleading; and that the facts and circumstances set forth in this pleading, are true and correct to the best of his knowledge, information and belief. r r?-2 William . Molcz , Esquire 9 0 CERTIFICATE OF SERVICE A true andrr correct copy of the within Motion has been served by U.S. Mail, Postage Pre-Paid, on 0 A? of JIee 2008 upon the following: DONALD J GONSER And DONNA M PARSON 1095 PETERSBURG RD BOILING SPRINGS,PA 17007 BY: ( __ , William T. Molczan, E)01 PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 05467400 • 0 IN THE COURT OF COMMON PLEAS OF CAMBRIA COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff, VS. DONALD J GONSER DONNA M PARSON, Defendants.. No. 2006-4675 I ORDER OF COURT AND NOW, this - day of otY t4 , 2008, it appearing to the Court that the proper venue for this action is Cumberland County, Pennsylvania, it is ORDERED, ADJUDGED and DECREED that this action be and hereby is transferred to Cumberland County. J. C) .. V b L4j CC C=D CC, c.' tO o a U- 1 Q Q b p ? WWR No. 05467400 0 \J) 0 0 IN THE COURT OF COMMON PLEAS OF CAMBRIA COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK., Plaintiff, vs., DONALD J GONSER DONNA M PARSON, Defendants. NO: 2006-4675 NOTICE OF PRESENTATION PLEASE TAKE NOTICE that the within Motion For Change of Venue will be presented on the 13?' day of &?0_?_r , 2008 at 9:009/p.m., to Judge (Motions) of Cambria County, Cambria County Courthouse, South Center Street, Ebensburg, PA. 15931, at which time you may be present to oppose, object to, or otherwise respond to said Motion For Change of Venue. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Notice of Presentation was served on the following on this 2 ' day of 0-4eJ , 2008, by first class, U.S. Mail, postage pre-paid: Donald J Gonser And Donna M Parson 1095 Petersburg Rd Boiling Springs,Pa 17007 WELTMAN, WEINBERG & REIS CO., L.P.A. By: Benjamin bier, Esquire PA I.D#: 93598 t? o = WELTMAN, WEINBERG & REIS CO., L.P.A3 a o x-- 1400 Koppers Building 436 Seventh Avenue 3> =1: + Pittsburgh, PA 15219 c-) = 0 (412) 434-7955 zoo ?J /M.? C O CASE. # PLAINTIFF 04675-06 CAPITAL ONE BANK DATE 11/22/06 0 DEFENDAN'T' 6ONSER DONALD . RECEIVED COMPLAINT WITH NOTICE TO DEFEND. NOTIFIED THE PLAINTIFF'S ATTORNEY THAT WE NEEDED CHECK TO DEPUTIZE: CUMBERLAND COUNTY. NEVER RECIEVED. PAPERWORK EXPIRED ON THIS DATE. 12/27/06 - RECEIVED REINSTATED COMPLAINT WITH NOTICET TO DEFEND. NOTIFIED THE PLAINTIFF'S ATTORNEY THAT WE NEEDED GHEC:K TO DEPUTIZE CUMBERLAND COUNTY. NEVER RECIIVED. PAPERWROK EXPIRED ON THIS DATE. MY COSTS PAID BY PLAINTIFF'S ATTORNEY. SHERIFF COSTS; $9.00 SO ANS?WQERI:S I _ n_ - BOB KOLAR, SHERIFF -w- -TI A ? N i IN THE COURT OF COMMON PLEAS OF CAMBRIA COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK -? _ r=: Plaintiff No.: 2006-4675 (-7 ?' rv -q vs PRAECIPE TO REINSTATE COMPLAINT-, GO c) . -ice DONALD J GONSER -.4 -< - DONNA M PARSON Defendants FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. 442524 WELTMAN, WEINBERG & REIS, CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05467400 I.:' . 1w , • IN THE COURT OF COMMON PLEAS CAMBRIA COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No.: 2006-4675 DONALD J GONSER DONNA M PARSON Defendants PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James . Wa brodt, Esquire PA I. #425 WEL MAN, EINBERG & REIS CO., L.P.A. 271 Kopper Building 436 Seven Avenue Pi sburgh, A 15219 (4 2)434 955 467400 ellr-, i 0 IN THE COURT OF COMMON PLEAS OF CAMBRIA COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. DONALD J GONSER DONNA M PARSON Defendants No : J00 6 46'75 COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: rn -g Cn r- -.a CD r\.) -n 1:" w r? n r- CCD CIO 4• 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 05467400 C A Pit DKB IN THE COURT OF COMMON PLEAS OF CAMBRIA COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK VS. Plaintiff Civil Action No DONALD J GONSER DONNA M PARSON -7, C-D r= Defendants o COMPLAINT AND NOTICE TO DEFEND CD You have been sued in court. If you wish to defend against-thq?,-;. claims set forth in the following pages, you must take actioti.;wi hir) twenty (20) days after this complaint and notice are served, -- by -enting 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. LAUREL LEGAL SERVICES, INC. CAMBRIA COUNTY OFFICE 225-227 FRANKLIN STREET JOHNSTOWN, PA 15901-2524 (814) 536-8917 1-888-244-7252 (814) 536-3377 FAX COMPLAINT 1. Plaintiff, CAPITAL ONE BANK is a corporation with offices at 6851 JERICHO TURNPIKE #190 SYOSSET , NY 11791 . 2. Defendants are adult individual(s) residing at the address listed below: DONALD J GONSER 1095 PETERSBURG RD BOILING SPRINGS, PA 17007 DONNA M PARSON 1095 PETERSBURG RD BOILING SPRINGS, PA 17007 3. Defendants applied for and received a credit card bearing the account number 5291071472811965 . 4. Defendants made use of said credit card and has a current balance due of $1930.39 , as of October 16, 2006 . 5. Defendants are in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 25.9008 per annum on the unpaid balance from October 16, 2006 . A copy of Plaintiff's STATMENT is attached hereto, marked as Exhibit "1" and made a part hereof. • 7. Although repeatedly requested to do so by Plaintiff, Defendants have willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for judgment in its favor and against Defendants , DONALD J GONSER AND DONNA M PARSON , JOINTLY AND SEV , in the amount of $1930.39 with continuing interest thereon at the rate of 25.900W per annum from October 16, 2006 plus costs. James C rmbrodt,42524 WELTMAN, W NBERG & REIS CO., L.P.A. 436 Se enth Avenue, Suite 2718 Pittsb rgh, PA 15219 (412) 434-7 55 FAX: 412-3 8-7130 0546 400 A Pit DKB This law firm is a debt collector attem tkhg to collect this debt for our client and any information obtained will be used for that purpose. r 05467400 C A Pit DKB 0 Your account is delinquent. We want to help! i?> ?ISoda`11. is -? To protect your credit with us, you need to make a payment. - We can help-but only if you call us. -¢ When you call, you can make a free check-by-phone payment. Return your account to good standing. It's up to you to take the first step. Calf us! 1-800-479-7231 any 014-11M one, Account Summary Previous Balance $970.86 Payments. Credits and Adjustments $.00 Transactions $64.00 Financt Charges $22.21 New Balance $1,057.07 Minimum Amount Due $1,057.07 Payment Due Date September 19, 2003 Total Credit Lane $600 Total Available Credit $.00 Credit Line for Cash $600 Available Credit for Cash S.00 At your service T. till Customer Rdaiions or to repot a lost or stolen seed: 1_800-60g-5227 For free online arcohmt sciv- and spend customer off=, log m to: www npitdonccom Send paymmn to: Send inquiries to: Attn: Reauttutn Promsing Capital One Services Capital One Setri x P.O. R. 95147 P.O. Rm 9505 Richmond VA 23276 Richmond VA 23285-501-C Imoortant Account Information Did You Know? Capital One offers more than just credit card products. With more than 47 million accounts, Capital One provides valuable fimncial solutions- including auto loans, personal loans, CDs, money market accounts and more- to one out of even three homes in the U.S. am Finance Charges Pl mc,w revere rrikfo iimfmtant infmma xon 8 F BaLna rm. Paioda C 1PR WEE m apjird to tau PURCHASES $725.09 .07096% 25.90% $15.95 CASH $284.52 .070969b 25.90% $616 ANNUAL PERCENTAGE RATE applied this period 25.90% PLEASE RETURN PORTION BELOR' RrITH PAYMENT. OWNWOM, 0000000 0 5291071472811965 19 1057070017001057077 New Balance $1,057.07 Minimum Amount Due $1,057.07 Payment Due Date September 19, 2003 Total enclosed S Account Number: 5291-0714-7281-1%5 Capital One Bank P.O. Box 85147 1 11,11n61,IIm11111 Richmond, VA 23276 11111Is 11111111111111111111111111tgill 111111111if 11nr11If rl M ASTERCARD ACCOUNT 5291-0774-7281-1965 TUL 20 - AUG 19, 2003 Page 1 of 1 Pavments, Credits and Adjustments Transactions 1 21 TUL OVERLIMIT FEE $29.00 2 19 AUG PAST DUE FEE 35.00 Your request to dose your account has been received. Your account will be closed when it reaches a $o balance Until them you will continue to receive statements and must continue to make payments All terms and conditions of the account will apply while a balance remains. Please remember to cut your cards and cancel all charges which automatically bill to your account. You were assessed a past due fee of $35.00 on 08/19/2003 because votes minimum payment was not received by the due date of 08/19/2003. To avoid this fee in the funte, we recommend that you allow at least 7 business days for your payment to reach Capital One. A'-mint -W .g aid- ands ..-mesa 6.q. aeroa,aaa bbw wee a4 ak S_ Apt s C.V 5hus Zia. }lone Ph- Altermtr Phan. Fmsu Ad.- #9023298521137111# MAIL ID NUMBER DONALD J GONSER DONNA M PARSON r GD tiles 1095 PETERSBURG RD ro BOILING SPRINGS PA 17007-9509 ° ? leer{Ilrn{1{nrl{nrlnl{lllwlr{r{Iwlrln{r11n{1111n111 Please earite vote aeronnt number on yma dxtk or money order mode payable to Cabitm' One Bank and mail in the entlaed envelope. 0 0 Q 2002 Capital One Services, Inc. Capital One is a federally registered service mark. All rights reserved. fly Millions SIMMONS Z MINIMUM C O N 1. Nee To Aveitl A Prises tip. t s. fAset P.M. Yeu wih hove a minimum grace period of 25 days witMU fl.- chsrqe naw Purclneaea, new balance trams s, new, special Purehass and raw Omer Wrgec if you pay your total New Balance', in below, atxortlerce wttn tea Mnporiam Nor- rot Payments and in time fo IF to be cre6tad by your near natomare closing date. There is no grace period on cash advances std spedal tmrwfem. In addition, mere is no grace period on any transaction if you do nor pay tw total 'New ow.-' b. Awar aril Pa.- Charge. Traraemcn which are rot supim n e rof tow treawetion Ori 2) from the rkteUw ) toon the dat Transaction is proceased to your Accent or 3) from the first calendar day of the eurnn bills period Additionally, i1 you rfd rof pay ire 'New Balance' tram trs pmNato bobs unpaid baler= NI, 6nsrlce Barges rxminue toaccrue to your utarce tall the unsitl boience i6 paid in full. This mean that you mry adfi owe finance -targets, aver ii you pay the amim New Balance indmed on the trim of your shma nert by the race statement dosing dote, hu ditl nth do as for the preWOS mom. Unpaid finenee dhergas are added m tea applMJNe off Om of you ACCOUm. basis peno0 tnsc t c. Mariam Fslsttaa Chap, For V. your account is a 60T to a final charge, a minimum tout FINANCE CHARLIE of 50.50 will be impwad. If the TM: finance charge rewlmhg from taw appgoaaon 01 your penodc oleos) ice ass man $0.50, we will aunts- that amuum from tow $0.50 hum= and the difference will be billed to the purcMM ?pnrem of your trceolrrc. t d. Tantparry Raauoirh ar Firrrw Chills. We raxrw the bni??tt to not ases any or all finance charges for any given 2. Avarpss ?BaWaa IaraWasq Nov Hadm 1. a. Rnance charge is calGlated by rri plying Tithe delay ealaraw of each sepnat o1 you accorm le.¢. FT., advance, Pun : apesal beefs, and epedal purchase) by the corresponding daily penodc rate(-) that has been prousouly dadoaed to you. At tw end of each day 611619 Eta bWirg period. wa apply the doily periodic rate for each aepnam of your accout 10 the dsfty ealance of each and therow l[s o?tlye= e tlWy ce Wneroparrive we yoaundr periodic fmaTCe dhsrge for each segment. we sae p the rata[. trues each segment to ante n to nasal penodc feance charge for you sG ra. To gar aw daily balance for each segrnem Of your account, net its to be0lnranp balance br won sepnam and add my new mrhse-tiors ono any periodic finance -tinge than ad on dw previoua pry's baance to that segment. We that then subtram e It ,e payments or credits sated as of tot day ran a are aiarace to teat segment This gives to the spathe say balan for each aegmo. of your a ccoum. pia. Fbwwi, if you pond the New Boisnce shown on your r previoua amtemern n fall for if your raw balance was zero or a credit amour), new traraamieu which poor to your puma. or .patio .limos tugs day boons by addrg ell to dally halmces together and dividing tlhe sun by the number of the clays in the curtem NNaq curie. To calculate your too finance Marge, m V Wear average deafly bounce by tea daily periodic rate and by tha ntamber of days in tow billing period. Due 10 rounding On a deny bars, there may be a at valance between this calculation and the amrxan of finance charge actually .ease. b. If tfre code Z or N epeem on the from of this n.arnem nac to 'Bill Rae Applied To.' wa multidy the awroce daily balance of eTich_eemrmm by vour monthly 12968M your XS sit n has alraaoy, o9er1 coifs- rot exampre, it you surrandzed a purchase from a merchant and we mowye the tranaaion from the Merriam alter your accout has been closed your account will be mopiawd, the amount of the crwrrggae wal be added To your a Intro, and you we be reaporWde for payment If tare is a iii membehatup fee mr your sccorrt, the tee will contkae to be charged, to the event lammed by law, until the aocOlrt boiarce has been paid in tug as defined eboye. 7, using You A..."Nour card or accent cahrot be used in connection with any intention gambling Transaction. BILLING RIGHTS SUMMARY (in Case Of Ems Or Quaodn Aboa Your Bill) H you tink your bill I. wrong, or H you need more e Information On a transaction or bill, write to to on own.,. alien es wren as posWfe of the address tot rptides at- on the from o11Na stolemam. We mean hear from you ro Iner tan a0 dsya site wa sent you the find bill on which the error or problem appeared. You can call Our Cunanar Reloion member, but doing oo wig not pre s, your rigtsa. In your letter, give us the following mmmaldn: your forme and accent number, this dollar amour of the suepemed emr, a decdption of tire error and an eV'- x==information, of why you belays tfwre is emr, if a description of the rem you are insure about. You do not hove to pay Tiny ampud nt queen- wsile Vie are inveeipuhp T. but you are gill oblipoad to pay Vw Dons of your dfi ran am W. in question. VYlak we mresagate your question, we (:aria[ repo" you gtwnimarm or take any action m culler the am t.'t Spatial Rue For Credit Card! Purchases if you law a problem with the quality of property or services that you purchased with a tied[ om and you Mw tried in good faith 10 m ea the problem with The merchant, you may haw rhw mV no to f Voaur the remalrgnp . Mw Chia .mourn due On the Property or ryieas pretsetion orgy when the purclwce price was mom than $60.00 and the urchsce ors made m your home sate of within 100 milspof your roar: addrm. (If wa own or Operate this merchant, or it we mailed you the adwdsnera tor the property or servfCea, NI pufdases are covered mgartkes of smarm or location of purchase.) Please remember to sign all conespondenes, t Doos Out Appy, m onnsurwr mm- Wft car0 aconta is z Ooes sot apply m aasmess -e-W card etc or ors Capitol Ore s pporta mt.-., n privacy preemion: see our waMte al www. upitslew.com. Capital Ore is a federafty registered service mark of Capital One Rran6.l Cemoraeec. All rights reeerved. a 2003 Capital One 01 LOLBAK Important Notice: Your payment will be credited to your account as of the date we receive it, provided you send the bottom portion of this statement and your check in the enclosed remittance envelope, and your payment is received in our processing center by 3 p.m. Payments addressed to our Virginia or Georgia processing center must be received on a business day by 3:00 p.m. ET. Payments addressed to our Washington processing center must be received on a business day by 3:00 p.m. PT. Please allow at least five (5) business days for postal delivery. Payments received by us at any other location or in another form may not be credited the same day we receive them. Our business days are Monday through Saturday, excluding holidays. Please do not use staples, paper clips, etc. when preparing your payment. periodic rate. To obtain the average daily balance toil the billing period wwred by this statement, wa take the beginning balance of man segmem each day, arid any new Transaction; 10 each N end subtl= any Payments or credits. (If the code appears m the tmm of It. sra irmenr nett to "Balance Rate Applied To;' we also suMmn any unpaid finance change -kided in the balance daily boiance of asM of each sopmem f This gives us the segment. Then, we add sip all the dog Y balances mr asM sgmen, ter the billing period and divide by The total comber of days in the billing period. TNa laves n the swrale doily balance of each Monent. 3. Arad Peoenaaas PAW IIWRI. a. The tam 'A-1 Pemandoge Rene" may appear as "APR' m the from of this natemmr. It. If the cDO. P (Prime), L (3-mo. LIBOR), C (Certificate of De a n), or S (Bank- he perio??melsl nthe pet ddcf the rates and cemapoh6ng ANNUAL PERCENTAGE RATES may vary quarterly and may ineroa- or d"'a". based on The stated a deft. as Idad M The Waft Street JounW, PI the margin Previously disclosed to you. These -thsnhges will be effective gin the fim day of your billing period cowed by Your penodc statsnem ending n the months Jararary, April, July end October. c. it the code D (Prime), F (1-mo. LIBORt or G 13mo. LIBOR Rapdced MvMly) appear- on fns from of your atatsmem raw to the ponadc raznts), the penodc rates end Mn oporsarg ANNUAL PERCENTAGE RATES may vary, froaNy and maY irhenease or decrease nosed eh the hated indcas. as ford in Tae Wsa Sire, Jotanel, Bus the margin pre mMv disclosed to you. Thee drops will be effeetrye on the film day of you dlli g period each mush. 4. Aves saart of Late, Ovwhmk Told Rolawsed your accent will be seseassd net more Ban two of taw fees listed here that ooau during any Nfiirs period. Under the tame of your o"""" apmemont, we reserve the right fo wive or nl to asses any tees vyimear pdo notification t0 you ITTZ waiving our right m mss the same or similar flea of a foe time. 5."?'Retealkp Yoe Assuan. If a membeMip tae appesra on the from of this mare .you law 30 days from tha Onc Elsa etafemen was =led m you to evdtl W ymg the tae or m Mw such ice craditad m you if you cancel your sccram. Otairg ENS period you may comirew to use, your aecmrn wkhou fawns m Pay the mambenNp fee. To Cneol your accaort, vtlu moat notify, us by callus our Customer Relation Department and Pay You 'New Balance" in full (exdudnp the mtwrita feel plot to the and! of the thirty-daY period. B. R Ym Cles Your Aeaotnt. You can request to dos your etxoux by OalI-V our Customer Rekdaa UepartmenL You mum eomy =1 cretin cards) and account access docks, ..0.1 all preautcrized bdanp, and cells earrq your accost. It you do rim cer W prealnwrize0 bilgrs arrarssmems,. w will cordd . ceipt of o a Barge your aumonzmon m reaps your ccont pay all oily, you ar, dwo will wa be came udl you pay of au you owe ua including: any , pear OYou how authorized, finance dares, due b dw fns, fees h two, monad payment teas, cash ad,.- tees ..it any otlwr des easesaetl to your account. You T; if amr lace a?O I whetrwr may t&pp. r on , I. you requests he acSbaYY nor they am in=rad RbaeQlenl to to Your regtwst to dos the accent This may msuff in .hangs eppawmg on your account -her you have N W ii g x c0 ti0 ?O OD L n ? d 00 ~rTiO. ? O v a d A "'1 W ?O 0 w N .P Cif N W O 1? O J to to to 01 0 0 lip hJ d m J e c d N I ?o i 3 e s a 3 y f:! 0 Q -1 F svG?? 0 m M . `' Wss Q 9 T A O ? f N ? m0 I N r a s ? a r Ve ? e R aFnu 9 p-iR H V CD Co "P- a?co . u o i $o g? ?4f 2LS c2.3, IV i'g o°?s" Reb -M lopaa$.29 CJ3°a pAamS- $'w z F C la » .L ng.10 ? ? ? 0 CG?? C = q ?a co en v! W m ? ?Z a ' °'`°» am?? `? n7a d ^! D lax CD Z6 C= ?+ g 3 o 2 E 5 s ? 0 'c ra 0 9 ?a am ?m a a A ?c Z Cs g a Q? s wo co a G J .i VERIFICATION The undersigned does hereby verify subject to the p alties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is A e` I Aarwr, L(RAME) of plaintiff herein, that T LE) (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. /72 S GN TURE) e" `"""" DSqC-7Lt00 v tv 9m, ? ro C? i i1?r Praecipe for reinstatement of_ statement dizected to l? a C) t`tiJ fV t? C.J O t: ?t 43 , faea IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. DONALD J GONSER AND DONNA M PARSON Defendants No. 2008-06225 PRAECIPE TO REINSTATE COMPLAINT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C WARMBRODT, ESQ. PA I.D. #42524 WELTMAN, WEINBERG & REIS, CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05467400 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 2008-06225 DONALD J GONSER AND DONNA M PARSON Defendants PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By: JAMES C A BRODT, ESQ. PA I.D. # 524 WELTM N, EINBERG & REIS CO., L.P.A. 2718 K per uilding 436 Se ent Avenue Pittsb g , PA 15219 (412 4 -7955 WWR #05467400 ? ? o ? o ?k ?: ?' T l f ?:. t (? ? 1 .? (? ? ?^? ? f ?f+( ? ?? ' r,? p c z ?? ? ?? SHERIFF'S RETURN - REGULAR CASE NO: 2008-06225 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS GONSER DONALD J ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within REINSTATED COMPLAINT was served upon GONSER DONALD J the DEFENDANT , at 0018:10 HOURS, on the 18th day of December-, 2008 at 1095 PETERSBURG RD BOILING SPRINGS, PA 17007 by handing to DONNA PARSON ADULT IN CHARGE a true and attested copy of REINSTATED COMPLAINT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.30 Affidavit .00 Surcharge 10.00 Postage 42 34.72 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 12/19/2008 WELTMAN WEINBERG & REIS By. A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-06225 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS GONSER DONALD J ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within REINSTATED COMPLAINT was served upon PaPgnNT nnwi\TA M the DEFENDANT , at 0018:10 HOURS, on the 18th day of December-, 2008 at 1095 PETERSBURG RD BOILING SPRINGS, PA 17007 by handing to DONNA PARSON DEFENDANT a true and attested copy of REINSTATED COMPLAINT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge ),..la'1/0 F Sworn and Subscibed to before me this of 6.00 .00 .00 10.00 .00 16.00 day So Answers: R. homas Kline 12/19/2008 WELTMAN WEINBERG & REIS By: A. D. CAPITAL ONE BANK Plaintiff V. DONALD J. GONSER and, DONNA M. PARSON Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : No. 08 - 06225 - Civil Term : CIVIL ACTION - LAW Please enter my appearance for the Defendant Donald J. Gonser in the above. Date: S .ZOO Geoffrey M.Biringer 401 E.Louther Street Carlisle,PA 17013 (717)243-9400 Supreme Court ID#18040 1 .1 '.rt'l E ,{'it?tdu;RY OF THE 2009 MAY -5 Pri 3: 4 3 Nly D CAPITAL ONE BANK : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff : No. 08 - 06225 - Civil Term V. DONALD J. GONSER and, : CIVIL ACTION - LAW DONNA M. PARSON Defendants PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Donald J. Gonser, by and through his legal counsel, MidPenn Legal Services, and files these PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT, and in support thereof avers the following: 1. Plaintiff is Capital One Bank, 6851 Jericho Turnpike #190, Syosset, NY 11791- 0000.. 2. Defendant is Donald J. Gonser(hereinafter "Defendant"). 3. Defendant Donna M.Parson is deceased. 4. Plaintiff filed its complaint on or about October 20, 2008. 5, Plaintiff claims that it is owed a balance on account for $1930.39 for use of its credit card. PRELIMINARY OBJECTION PURSUANT TO PA. R.C. P. No. 1028(a) (4)) (Demurrer) 6. Paragraphs 1 through 5 of Defendant's Preliminary Objections are hereby incorporated by reference hereto. 7. Plaintiff does not allege that there was any agreement between the Plaintiff and the Defendant, merely use of a credit card. S. Plaintiff attaches only one billing statement which billing statement does not even agree with the amount sought in the complaint. Said statement does not indicate, in any way, that Defendant agreed to the terms relating to balance, interest rates, or method of calculating the balance due. 9. Absent such allegations, Plaintiff fails to adequately state a cause of action. WHEREFORE, Defendant prays that Plaintiff's Complaint be dismissed with prejudice for failure to state a cause of action. PRELIMINARY OBJECTION PURSUANT TO PA. R. C. P. No. 1028(a)(3) (INSUFFICIENT SPECIFICITY IN A PLEADING) FOR FAILURE TO PROPERLY PLEAD ITEMS OR TIME, PLACE AND SPECIAL DAMAGES 10. Paragraphs 1 through 9 of Defendant's Preliminary Objections are hereby incorporated as if fully set forth herein. 11. Plaintiff claims that it is owed a balance of an account in the amount of $1930.39 and attaches as support thereof one monthly billing statement in an amount other than that prayed for. 12. This billing statement fails to specify any agreements of the parties, terms and conditions of the agreements, amendments to the agreements, or the Defendant's request for products, goods or services. 13. Pa. R. C. P. No.1019(f) requires that averments of time, place and special damages shall be specifically stated. 14. Plaintiff's general assertion of damages therefore is in violation of Pa. R. C. P. No.1019(f) and renders Defendant unable to properly defend this action. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice for insufficient specificity in a pleading. PRELIMINARY OBJECTION PURSUANT TO PA. R. C. P.No.1028(a)(2) and No.1019(i)(FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT) FOR FAILURE TO ATTACH A WRITING 15. Paragraphs 1 through 14 of Defendant's Preliminary Objections are hereby incorporated as if fully set forth herein. 16. Plaintiff bases its claims against Defendant on an alleged use of a credit card and one billing statement. 17. The application is not attached to Plaintiff's complaint. Plaintiff has failed to attach any credit agreements made or signed by Defendant. 18. The billing statements are not attached to the comlaint that would show a proper balance due. 19. No agreements between the parties are attached to the complaint. 20. Pursuant to Pa.R.C. P.No. 1019(i), when a claim is based upon a writing, the pleader must attach a copy of that writing or provide explanation for its absence. 21. To the extent that any credit agreements between Defendant and Plaintiff are written, Plaintiff's Complaint fails to comply with Pa. R. C. P. No. 1019(i) in that Plaintiff has failed to attach to its Complaint a copy of any such written agreements or any explanation for the absence thereof. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice for failure to conform to a law or rule of court. Respectfully submitted, MidPenn Legal Services Date Geoffrey Biringer 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, being a member in good standing of the Bar of Pennsylvania, hereby certify that I served a true and correct copy of the foregoing Preliminary Objections to Plaintiff's Complaint on this 5th day of May, 2009, by placing same in the United States mail, first class, postage prepaid, addressed as follows: James C. Warmbrodt, Esquire 2718 Koppers Building 436 Seventh Avenue Pittsbsurgh, PA 15219 By: Geoffrey M. Biringer Attorney for the Defendant 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 FLED-,O,:;:ir'E OF ?C Pry l ?, Fl'?1bT,Ru 2004 MAY -5 PM 3* 4 3 UNly FILED a-RCE ? / OF Tf?r GI:^T1 ?(??j OF lir11 2010 FEB 12 P1i 2: 04 1jN1-rr cUId! 3?_.I 'L FE"NI ISY VA"NiA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. DONALD J GONSER and DONNA M PARSON Defendant(s) No. 2008-06225 PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO RF,FILE 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. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5467400 SJS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 2008-06225 DONALD J GONSER and DONNA M PARSON Defendant(s) PRAECIPE TO SETTLE DISCONTINUE AND END WITHOUT PREJUDICE TO REFIL,E TO THE PROTHONOTARY OF Cumberland COUNTY: SIR: Kindly settle, discontinue and end without prejudice to refile the above-captioned matter upon the records of the Court and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. Wa dt, Esquire PA I.D. #42 WELTMA & REIS CO., L.P.A. BERG 1400 Kopp / ing 436 Sevent Pittsburgh 9 (412)43 7 SWORN TO AND SUBSCRIBED before me this 13 day of 204V /6- KOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sheila G. Bevan, Notary Public City Of Pittsburgh, AlleghenY County My Commission Expires Nov. 15, 2010 Member. Pennsvlvania Association of Notaries