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Home My WebLink About06-4723 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. DONNI M ASBURY Defendant 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 05216082 C A Pit WLG Ccif?l:... 0 IN THE COURT OF COMMON PLEAS CAPITAL ONE BANK Plaintiff VS. DONNI M ASBURY Defendant OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No 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 it you fail to do so the case may proceed without you and a judgme ,-,,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 BEbPORD STREET CARLISLE, PA 17013 (717) 249-3166 i 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: DONNI M ASBURY 206 E LOCUST ST MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card bearing the account number 5291071513817419 4. Defendant made use of said credit card and has a current balance due of $2819.21 , as of June 20, 2006 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 25,900% per annum on the unpaid balance from June 20, 2006 . A copy of Plaintiff's STATEMENT OF ACCO UNT is attached hereto, marked as Exhibit 111" and made a part hereof. i 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 , DONNI M ASBURY , INDIVIDUALLY , in the amount of $2819.21 with continuing interest thereon at the rate of 25.900W per annum from June 20, 2006 plus costs. F - \---V - T Warmbrodt,42524 WEINBERG & REIS CO., L.P.A. nth Avenue, Suite 2718 gh, PA 15219 4-7955 -338-7130 C A Pit WLG This law firm is a debt collector'Xtempting to collect this debt for our client and any information obtained will be used for that purpose. Z-- 1 ? r U(? M Your account is delinquent. We want to help! ? t To protect your credit with us, you need to make a payment. -4 We can help-but only if you call us. a When you call, you can make a free check-by-phone payment. Return your account to good standing. Ites up to you to take the first step. cau usl 1-800-479-7231 ot4- Ones Aocamt Previww &lanm $1,372.07 Payvwvn, Credits and Adjuemene f.0 Tnvattiarss 358.00 F-mavice Charm $31.15 5291-0715-1381-7419 MAR 04 - APR 03, 2003 Page 1 of 1 Payments, tedttlsandAduatments Tramctdous 1 04 MAR OVERLIMIT FEE $29.0 1 o3APR PASFDUEFEE 29.0 New Ed. $1,46112 Minimum A.. Due $1,46112 You were avmed a Pat dm fee of f29.0o on 04/03/2003 beam you minimum pgmeot wa not Payment Due Dar Mlay 03, 2003 reerined by the due dam of04/03/2003. To nmd tbh fee in the from, we recommend that you allow .least 7 boaine9 days for your payment to mach Capiml One. Tod Credit Live $1,000 Tod Ava&Me Credit 3.00 Co.& L. for Cash 511000 Aoilable Credit fa Cash f.00 Atyomrservioe T. aR Chrome: Rdmon ww qvr • b,t or a& ark: 1-SM-903-3637 For wJinn aawnt w.iae.ed'p ouaww B'a,,4 ro: ww.apahrsaa Sad',neu 9o: Attu RaituOm P., C,pul One9 P.O. B. 85147 Ri&nw VA23276 Sad in,u ra C,pud Oer swats P.O.9m 2015 Ridmoad. VA23285-5015 Nor Fhaua Charges P4wura.r/de,)iwi 0.bwieii?m P.r.& We ,yrdm PURCHASES $1-06.61 .07096% 25.90% $$18.74 Casa 899.44 .0799-9 25.99$ a42 ANNUAL PERCENTAGE RATE applied this period 25.90% V PLEASE RETURN PORTION BELOW WITH PAYMENT. owl 0000000 0 5291071513817419 03 14612201000D1461227 New Bdatrm SLA07 D"`P11a"N114'uyII wt?r..dr4-e„kI u:,4 im.w H.t:t Minimum Ammar D. 31.461]1 6o-aw Ali Payrnent D. Daze May W, 2003 aw sa ffi Tod endoscd f yam, q? ?,m Ptiona Anommt Nomba,. 5291-"-1391-7419 m ?.4Add.m 99009463466569748# MAIL IO NUMBER Capital One Baok DONNI M ASBURY P.O. Box B5147 III II I I III a 214 N MARBLE ST urn u a u s o_ Richmond. VA 23276 m MECHANICSHURG PA 17055-6422 LdalaalLn1,16oIdLd6n16oILadlndLrrlledLnl LrdlhrrllLr.rLIrrLLdLnLdrJ,LdrLrdidnLdhl P4au urine yam aapmr aaawew m y,„w adwb a -en y v&. adeP%'aNe m Gpla! One Bed awl rxm/9. Ux mrbrd en.w/epe. N?) ® 2002 Capital One Services, Inc. Capital One is a federally registered service mark. All rights reserved. s? Release ! assesses ! 8 G o i d e. tc. td. 2.; e. N m rson, c n ra. mbe 1Y11a Yes Iv[W[al. a. asses of W ewYaft zed 11rmtl YMneY iw. [.t SOSIX.I NN fw cMr ON WcMr XM W mulHgwq da bYY W~. le.e... W W. NpNN PmSaN Y. a¢ am NN b asses m. Wn MO WdN mM IInM Nm Van . duYq Nor WYE pXW. Undid tla hnbmM.?Mdm., WmanM IN XdXm H Nvs. rttlnn wMM h Yw c PaIYMMWmYw paTnIas Nan I vwlw wmtmeves xry 1w x+tlaX pFr rctlYUtlmm Mb.11W Ywl WNnsd Mm[[am om ale pl w Alan .le?" aN e ll erhbYmeXry as" ? M d1 wu Xyamveev IN Umen NMler mWUSMdnXraws. Ne Nvebdln pled M1Mmcadn meYInesMXPdill.a. M. m W" Y tla,eneM^Y ea, M no N M b AS by W4vw of aM y d XM Mtl Fy b.TMew Yes MMee. H e mamrNYC ba X M di NNm u N d M1 X 9p or am al as m me wepeM tlr v m. Yw w eM W w P^dNV qb roozeden wmesw s blXq b . Na W d ar YNb X r o a a w . W w YPen en e m M We ma s rwe NM1 m u l0 b d i- 160.00 a4 me peduw er ends In puv Nnn ne4 or and a to er w e ywrc c P Mbm vpnae. MYWip tlN tln w y e a ma m sled mYFewlw Nm Nw atli lr cnBrtlmY.+ MMn 1Cp mXb el grmNYry edLS.IHwewi cr peXOfc gnrt. To agnd,Y dNY tlN.as lad ? 1Wr aawX. 0ma dM penod. Ivu mry ?mbvmuerwxvmv Wmoa N da cream dN ca s" r as, mNW Tm da ea bpi°y°nY MMm w e.M aNUW mb r.cccun. Ns, de YemW?P . yooenure nNn4 me. To cancelpaeea.e. so Cr mered aWNev N wnaen w lomlm or P+Wro.I Lbwsize M°^Yar le .IS r [.r,eeennb,u. .XI .m rry on thii . Csa. Y m MNwY og Z or cal so, erce. owea as O. mnadhir X wY u pv Hea 9dno' o F W maf as Vn.m. W. W. ihon den. si sAwor wry tln M N m d.1 by m rw ad w, azi su mtlm red of tlNWnYNY 6. a H Y. clap 1y CYV your MeM. You on rpan or Nsv n tObn mt pgYm wnamr?onuMX vsacranfa o s dN egnn aal d a NU' Yd W H al' Mrp s CWanr RNNae. pw. Yw MM nxc MloMIY N IX I Lbu M gayly ro Mans messes! W s[ms? yes p r swum. Newr. r pur y F MwNm 1W IIX . p n mey waasn, scr e¢yv NacYa, cancel f 1,1161, wbuee.F1,1161, sere vex call nos nppnne Fglmetlm so-, 0s..mYa'. . or [M w a clM.vuel, ran ur Wel to w udu w a w WY mMbr r Vosu,l. If Yes O rt ury WdaX[ d wuW mnpavp , n a .ophIora.[vn. p w g v.dbd m tla aMy aearw. We m . scapt W. owes pa sWOtlsem m p? caNl qa le. Flom, ayNeM vMn maM1 N CeNW qy goryN Ccrpondm DUI Xyu swd a 2003 Yr aNnin aY.aYq r m.lolly =j e .[GW11. 1a1MWV. Yn a[M.n nfl sP1 . aIMYI Ga N o+LOteNc MOW Imporbrd Ratios: Your payment will be credited to your account sa of the des we receive it, provided you send the bottom portion of this statement and your check in the emolosed remittance smrelope, 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. FT. Mass allow at bait five 161 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. Phase do not use staples, paper clips, etc, when preparing your payment. VERIFICATION es of 18 PA. C.S. 4904 relating The undersigned does hereby verify subject to tmcp to unworn falsifications to authorities, that he/she is (NAME) of Cc?'i &%Q- P" , plaintiff herein, that (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 W WR# rzz r_. y1=: b N O G7 61 "o N 7 SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-04723 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK VS ASBURY DONNI M R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ASBURY DONNI M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT ASBURY DONNI M 206 E LOCUST STREET MECHANICSBURG, PA 17055 PER POST OFFICE, DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: So an s yte? j`? Docketing 18.00 Service 8.80 Not Found 5.00 R. Thomas ine Surcharge 10.00 Sheriff of Cumberland County .00 41.80/' WELTMAN WEINBERG REIS 09/19/2006 Sworn and Subscribed to before me this day of , A. D. I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. DONNI M ASBURY Defendant No : L 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 05216082 C A Pit WLG ? ?4F? ?OIYI R? :d 00 ON" at CEW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No DONNI M ASBURY 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 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: DONNI M ASBURY 206 E LOCUST ST MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card bearing the account number 5291071513817419 . 4. Defendant made use of said credit card and has a current balance due of $2819.21 , as of June 20, 2006 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 25.9000 per annum on the unpaid balance from June 20, 2006 . A copy of Plaintiff's STATEMENT OF ACCO UNT is attached hereto, marked as Exhibit 111" and made a part hereof. I 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 , DONNI M ASBURY , INDIVIDUALLY , in the amount of $2819.21 with continuing interest thereon at the rate of 25.900. per annum from June 20, 2006 plus costs. MAN, WEINBERG & REIS CO., L.P.A. ;1/42) s Warmbrodt,42524 Seventh Avenue, Suite 2718 sburgh, PA 15219 434-7955 412-338-7130 6082 C A Pit WLG This law firm is a debt collector tempting to collect this debt for our client and any information obtained will be used for that purpose. Return your account to good standing. It's up to you to take the first step. cau us! make a paymenditwith us, you need Your account is delinquert. M to To protect your We want to het p -4 We can help-but only if you call us. -4 When you call, you can make a free check-by-phone payment. ?- 'Gaye ?O ? >>> Cag?j? Account S Previous Balance $1,372.07 Payments, Credits and Adjustments 1.00 Transactions $58.00 Finance Charges $31.15 New Balance $1,461.22 Minimum Amount Due $1,461.22 Payment Due Date May 03, 2003 Total Credit Line $1,000 Total Available Credit 1.00 Credit Line for Cash $1,000 Available Credit for Cash $.00 At your service To call Customer Relations or to report a lost or stolen card 1-800-903-3637 For free online account service and special customer offers, log m to: -.capitalme.com Send paymwts to: Send inquiries to: Attn: Remittance Processing Capital One Services Capital One Services P.O. Box 85147 P.O. Box 85015 Richmond, VA 23276 Richmond, VA 23285-5015 1-800-479-7231 MASTERCARD ACCOUNT 5291-0715-1381-7419 014 014-1102 MAR 04 - APR 03, 2003 Page 1 of 1 Payments, Credits and Adjustments Transactions 1 o4 MAR OVERLIMIT FEE $29.00 2 03 APR PAST DUE FEE 29.00 You were assessed a past due fee of $29.00 on 04/03/2003 because your minimum payment was not received by the due date of 04/03/2003. To avoid this fee in the future, we recommend that you allow at least 7 business days for your payment to reach Capital One. Finance Charges Please see reverie Jide for important information Balaarr rats Pmod C'-r.?o,?dm 8 WISE pplydto ?r .fPR 2 PURCHASES 51,306.64 .07096% 25.90% 528.74 m CASH 1109.44 0 CD .07096% 25.90% 52.41 N ANNUAL PERCENTAGE RATE applied this period 25.90% V PLEASE RETURN PORTION BELOW WITH PAYMENT. V Cc7ph"al0m, 0000000 0 5291071513817419 03 1461220100001461227 New Balance $1,461.22 Minimum Amount Due $1,461.22 Payment Due Date May 03, 2003 Total enclosed $ AccountNumber. 5291-0715-1381-7419 Capital One Bank P.O. Box 85147 llluuttllultlnllsl Richmond, VA 23276 lultlnllhnlsllsnltllullntllhnllntllntllnslltnllntl Pl- print mad.g add sr r-mail rhmsgv brlom usmg b&rr orb! h -k S-t Apt 9 Gty Suit: ZIP Home Phone Alternsu Phony Finer Address #9009463466569748# MAIL ID NUMBER DONNI M ASBURY 214 W MARBLE ST IMMENSENESS o MECHANICSBURG PA 17055-6422 co o a. luslllnslllnultlnlhlnllntlulnlrlnltlutlltlnlulltl _...1 S ` Please vni# yow account number on your- dserk or money order made fayabk to Ca.pital One Bank and mail in the end ared envelofr Q 2002 Capital One Services, Inc. Capital One is a federally registered service mark. All rights reserved. 8 O O M o$ O O N periodic rate. To obtain the average daily balance for the billing period covered by this statemerm, we take the beginning balance of each segment each day, add any new transactions to each segment, and subtract any payments or credits. (It the code N appears on the front of this statement nest to -Balance Rate Applied To,' we also subtract any unpaid finance charge included in the balance of each segment.) Thin gives us the daily balance of each segment. TFnn, we add up all the dally balances for each segment for the billing period and divide by the total number of days in the billing period. This gives w the averagqee dally balance of each segment. 3. partial Paoatage Rates IAPRI• a. The term 'Annual Percentage Rate' may appear as 'APR' on the front of this satemem. It. If the code P (Prime), L (3-ma. LIBOR), C (Certificate of Deposit), w S (Bsnkcerd Prime) appears nn the from of this statement next to the periodic rate(s), the periodic rates and conespondng ANNUAL PERCENTAGE RATES may vary quarterly and may increase or decrease based on the stated indices, as fond in The Wall Street Journal, plus the margin previously disclosed to you. These changes will be effective on the first day of your billing period covered by your periodic statement ending in the months January, April, July and October. c. If the code D (Prime), F 0-mo. LIBORI or G (3-mo. LIBOR Repriced Monthly) appears on the from of your statement nest to the periodic rate(s), the periodic rates and correspo ding ANNUAL PERCENTAGE RATES may vary monthly and may Increase or decrease based on the awed indices, as foul in The Wap Stmer Jotrral, plus the margin previously disclosed to you. These changes will be effective m the first day of your billing period each month. 6. Assumrars of Late, Overgmit and Returned Psymant Fees. Your account will be assessed no more than two of the tees limed here that occur during any billing period. Under the terms of your customer agreement, we reserve the right to waive or not to assess any fees without prior notification to you without waiving our ngm to assess the same or similar tees at a later time. 5.tRanawig You Account. If a membership fee appears on the front of this statement, you have 30 days from the date this statement was mailed to you to avoid paying the tee or to have such fee credited to you if you canal your account. During this period, you may commie to use your account without having to pay the membership fee. To cancel your account, you must notify us by calling our Customer Relations Department and pay your 'New Balance' in full (excluding the membership fee) prior to The end of the thirty-day period. 6. N You Case Your Account. You can request to dose you account by calling our Customer Relations Department. You must destroy your credit card(s) and account access checks, cancel all preauthorized billing, and cease using your account. If you do not cancel preauthorized billing arrangements, we will consider receipt of a charge your authonzation to reopen your accom. Additionally, your accent will not be .Deed will you pay all amounts you owe us Including: any transactions you have authorized, finance charges, past due tees, ovedimh fees, returned payment fees, cash advance tees and any other tees assessed to your accost. You are responsible for them amounts whether they appear on you account at the time you request to dose the account or they are incurred subsequent to your request to dose the account. This may result in charges appearing on your accout after you have your account if it has already been dosed. For example, if you authorized a purchase from a merchant and we receive the transaction from the merchant after you account has been dosed, your account will be reopened, ma amount of the charge will be added to your account, and you will be responsible for payment. If there is a membership fee for you account, the fee will continue io be charged, to the extent permitted by law, until the account balance has been paid in full as defined above. 7. Using Your Aeeount.Your card or account cannot be used in connection with any internal gambling transactions. BILLING RIGHTS SUMMARY (in Case Of Errors Or Questions About Your Bill) If you think your bill is wrong, or if you need more information ort a transaction or bill, write to us on a separate sheet as soon as possible at the address for inquiries shown on the front of this statement. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can call our Customer Relations number, but doing so will not preserve your rights. In your least, give es the following information: your name and account number, the dollar amount of the suspected error, a description of the error and an ebplanatim, it possible, of why you believe there is an error; or it you reed mom information, a description of the item you are unsure about. You do not have to pay any amoum in question while we are investigating it, but you are still obligated to pay the parts of your bill That are not in question. While we investigate you question, we cannot report you as delinquent or take any action to collect the amoum you question. S,t Special Rule rot Credit Card Purchases If you have a problem with the quality of property or services that you purchased with a credit card and you have tried in good faith to correct the problem Math the merchant, you may have the right not to pay the remaining amours due on the property or services. You have this protection aiy when the purchase price was more than $50.00 and the purchase was made in your home state or within 100 miles of your mailing address. (If we own or operate the merchant, or if we mailed you the advertisement tor the property or services, all purchases are covered regardless of amount or location of purchase.) Please remember to sign all correspondence. t Ones mat apply to consumer non-credir card accounts f Does rim apply to business mn-cradft card accwmts Capital One supports information privacy protection: see our website at www.rapitslone.com. Capital One is a federally registered service mark of Caphal One Financial Corporation. All rights reserved. a 2003 Capital One 01LOLBAK 1. Now To Avoid A Fahahee Charge. ta. Grace Period. You will hove a minimum grace period of 25 days without finance drerpe on rtew purchases, new balance transient, new apedal purchases and new otter charges it you pay your total 'New Balance', in accordance with the knportant Notice for payments below, and in time for it to be credited by your next statement closing date. There is no grace period on cash advances and special transfers. In addition, there is m grace period on any transaction If you do not pay the Final 'New balance.' b. Aca si g Finance Charge. Transactions which are not subject to a grace period are assessed finance serge 1) from to date of the transaction or 2) ham the date the transaction Is processed to your Account or 3) from the first calendar day of the current billing period. Additionally, it you lad rot pay the 'New Balance' horn the previous billing period M full, firahce charges continue to accrue to your unpaid balance nail the unpaid balance Is paid in full. This means that you may still owe finance charges, even if you pay the entire New Balance indicated an the from of your statement by the now statement dosing date, but did nth do so for the previous month. Unpaid finance charges are added to the applicable segment of your Account. t c. K Town Firarea charge. For each billing period that your account is "am to a fnantce charge, a minimum total RNANCE CHARGE of $0.50 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 amount from the $0.50 minimum and the difference will be billed to the purchase segment of your account. t d. Terrporsry Reduction it F"nawa Charge. We reserve the noht to no, assess any or all finance charges for any given bi firg period. 2. Average Daily Balance Ilrrdudi g New Phrefhasesl. a. Rrance charge Is calculated by multiplying the daily balance of each segment of your account (e.g., cash advance, purchase, special transfer, and special purchase) by the comespodirg daily periodic rate(s) that has been previously disclosed to you. At the and of each day during the billing period, we apply the daily periodic tine for each segment of you sccmas to the daily balance of each segment. Then at the end of the billing period, we add up the results of them daily calculations to arrive of your periodic fiance charge for each mgment. We add up the results hom each segment to arrive at the total periodic finance charge for your accent. To gat the daily balance for each segment of your account, we take the beginning balance for each segment and add any new tarsectiors and any periodic fanatics, charge calculated on the previous day's balance for that segment. We than subtract any payments or credits posted as of that day that are allocated to tat segrrers. This gives es the separate daily balance for each segment of your account. However, if you paid the New Balance shown on your previous statement in full (or if your new balance was zem or a credit amount), new trareactione which post to your purchase or special purchase segments are not added to the daily balances. We calculate the average daily balance by Turing all the daily balances together and dividing the sun by the number of the days in the current billing cycle. To calculste your total finance charge, multiply your average doily balance by the daily periodic ate and by the number of days in the billing period. Due to rounding en a daily basis, there may be ¦ slight variance between this calculation and the amours of finance charge actually assessed. b. If the code Z or N appears on the from of cis statement next to 'Balance Rate Applied To,' we multiply the 28069M 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. VERIFICATION The undersigned does hereby verify subject to the alties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is (NAME) Of P-" plaintiff herein, that (TI 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 GNATURE) VWWR# 4 i? 1 Cl L i c; 'a `i lJ % IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. DONNI M ASBURY Defendant No. 06-4723-CIVIL-TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C. WARMBRODT PA 1. D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05216082 Ilk i I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 06-4723-CIVIL-TERM DONNI M ASBURY 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: Attorney f P intiff 2718 Ko per Building 436 Se enth venue Pittsb gh, A 15219 (412) 434- 955 WW #0 16082 SWORN TO AND before,7ne this OTARY PU 3SCRIBED day , 2007 ;?F PENNY \ ? ? ? ??? -? ?.,?., - `_. S ? , ` ?41 ? _ ? r+e. s ._i ?. •?• ..1 ?+? - ?.? `1