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HomeMy WebLinkAbout06-6176 ~ , I illi I " I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION I Ii II :.A.P:iTAL ONE BANK Plaint.iff No: Dl. - ~1"1lp Cl;u~L '--r~ vs. COMPLAINr IN CIVIL ACTION DEBORAH A ,JONES Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RFCORD OF THl(; PARry: Ja:118<} C. Warmbrodt, 42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite :n::"8 Pittsburgh, PA 152:9 (412) 4:H-7955 FAX: 412-338-7130 05414475 C A pit cxc IN THE COURT OF COMMON PLEAS OF CUMBE~LAND COUNTY, PENNSYLVANIA CIVIL DIVI~; ION ~APITAL ONE BANK vs. Civil Ac-:ion No IIII Plaintiff DEBORAH A .TONES Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against ths claims set forth in the following pages, you must take action withi~ twenty (20) days after this complaint and notice are served, by entsring a written appearance personally or by an attorney and filing in wri~ing nith the court your defenses or objectlons to the claims set forth ~9alnst you. You are warned that if you fail to do so the case may 9roceed without you and a judgment may be entered against you by ~hG court without further notice for any money claimed in tr..e complaint or for any other claim or relief requested by the plalntlff. You may Lose noney or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA\^JYER AT ONCE. IF YOU DO-JOT HAVE A LAWYER OR CANNOT AFFORD ONE I GO TO OR TELEPHONE THE OFFICE S~':' f'ORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY IE /U[~E ro PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER L~iC;AL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. III! LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 I 1:111 COMPLAI:JT 1. Plaintiff, CAPITAL ONE BANK is a corporation with offices at 685J JERICHO TURNPIKE #190 SYOSSET , NY 11791 . 2. Defendant is adult individual(s) residing at the address lis~ed bElow: JEBORAH A ~JONES lS40 MARKET ST APT 2F :AMP HILL, PA 17011 3. Defendant applied for and received a credit card bearing the account number 4388641763624165 . 4. Defendant made use of saic:i credit card and has a cL).rrent ballnc<:; due of $2336.32 , as of September 29, 2006 ~. Defendant 1S in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable co Plalntiff. 6. Plaintlff is entitled to the addition of interest at the rate o~ 25.900% per annum on the unpaid balance from September 29, 2006 . A copy of Plaintiff's STATEMENT is attached ~ereto, marked as Exhj;)lt "1" and made a part hereof. 111'1 I I I II I 1111' 7. Although repeatedly reque~Jtcd to do so by Plaintiff, Defenda;1c ,las Nillfully failed and/or refused to pay che balance due to Plaint1tf. Wherefore, the Plaintiff prays for judgment ir: its favor and 3.gainst Defendant , DEBORAH A JOKES , INDIVIDUALLY , in the amo,mt )j $2336.32 with continuing interest theceon at the rate of 25.900% De~ I !H I, 3.nnum trom September 29, 2006 plus casts. W rmbrodt,42524 WEINBERG & REIS CO., L.P.A. 436 ev nth Avenue, Suite 2718 pit sb rgh, PA 15219 ( 4 Jj2 ) ,n 4 - 7 9 5 5 F'1: : 12 - 3 3 8 - T. 3 0 0~41 475 CAP t CXC / Tbis law firm is a debt collector at e pting to collect this debt toe ~ur client and any information obcain~d wlll be used for that purpo']c. Ill:! I I III1 045 5c{(\{L{1S -3U~ R9 CREDIT RATING Capita'One' wlloIt's In your WiJIk>t?' Your account is about to receive the worst credit rating - an R9. Your account is close to being charged off. . The result is an R9 rating - the worst credit rating of all on your credit bureau report. . It may prevent you from getting credit cards, an apartment, a celt phone, a car loan - or even a job - for as long as 10 years! . An R9 wilt limit our ability to offer you financial solutions. . You will still be responsible for repaying the debt. Good news - it's not too late. I I ., . Call 1-800-955-6600 for payment options. . Pay with our free Check by Phone service. . If you have online access, log on to your account and pay now at www.capitalone.com. If you prefer, simply use the remittance coupon below. / ~ 2003 Capital Ont; Services, Inc. Capital One 15 e feoerally registered service mark_ AI, nght5 reserveci 0.:1:,..0303 / CapitalOne" Account S\Ul1IIUlTI' Previous Balance Pavrnems. Credits and Adiustrnenrs Tr~nsactions . Finance Charges $1.089.64 $.00 $70.00 $24.Of Nevr Balance Minimum Amount Due Payment DuE Dale $1.183.70 $1, 183.70 l\ovember 07. 2003 T oral Credit Line T oUll A,-ailabl, Credit Credit Line for Cash A,-ailable Credit for Cash $800 $.00 $800 $.00 At your set'\1.ce T (> call Customer Rd.aciom or to report II lost or stolen card.: 1-800-903-3637 For free onlinr account ~Cl'vicr and special o.u;torner offen, log ,)0 to: www.ca.pitalClne.com Send payment~ to. Attn: Rernittance Processing Capinl One Service. P.O. Box 85147 Richmond. VA 13276 Smdinquirie>to Capital Qnr Services P.O. Box 850L\ Ridlmond.. VA 23285-S015 important Account infonnation Cast your vote on capJtalonebowLcom to help select the National Mascot of the Year fi-om the 12 finalists.. and be sure to tune in to )\.BC college football, ESPN. and ESPK2 to Set this year's mascot commercials! This Year's v.mner will be ann~unced during the Capital One &wl. which airs on .filiC at l:00p.m. ET on.Tanuary 1st. ~: 50 ~. V1SA GOLD ACCOUNT 43Ro-6417-6362-416.\ SEP 00 . OCT 07. 2003 Page 1 of 1 Transactions Payments, Credits and Adjustments 00 SEP 07 OCT 07 OCT OVERLIMIT FEE CAPITAL ONt. MONTHLY MEMBER FEE PAST DUE FEE S29.OO 6.00 35.QO Families in PA EARNING INCOMES UP TO $43,240 per year may b, eligible for low-cost or free heald, care coverage FOR THEIR UNiNSURED CHILDREN. If you or someone you know has a child without health insu.-ance, call LOU nee 1-g7i-KlDS-NO\~"" for i.nformation abOUT the low-cost" or free h~alth arre coverage programs in PA. You were assessed a past due fee of $35.OC' on 10J07/2003 because your mi.nimum payment was not received br the due date of 10/07/2003. To avoid this fee in the furme. we recommend that vou ana"\\.' at I~ast i bmiiness days for yoUT payment to reach Capital Ont. . - - tmance ChaIges EXH\8\1 1 - Pka.u Jet' re'V"$t' sidefor important i"!.formatioll 124.06 S.OO - - - " -.r " c - - - ~ PURCHASES CASH Balantt "lIif PrrWdi.: lIftiudt~ ,,/lit $1.130.42 .070%% 5.00 .07096% CorrcS'f:>01Uiinc "/PR 2;._ 2;.90% t%.\~f 25.90% A."iNUAL PERCENTAGE RATE applied this period CapltalQne' ~ PLEASE RETUR.'\ PORTION BELOW W1TH PAYMENT. ~ 0000000 0 4388641763624165 07 1183700023001183707 Pit4$t ,flrin: mailing tul4rw muVOr ,-mail Cflanl'lJ helD'll' wint biUl or hiad: ink. Street hp: # New Balance Minimum Amount I>uf Payment Due Dart $1.183.70 S1.183.70 ~ovember Oi, 2003 Total enclosed Account '!\jumber: 43Sg-1-417-6362-4165 .., Capital One Bany. P.O. Box 85147 1.1"1,,11,,,,1111I11I Richmond, VA 23276 1.,1,1,.11".1,11,.,1,11,.11,.,11",11,.,11.,,11.,,1\.,,11.,,1 ':'11; 2:F Hr,m~ ?harw Alterm.L~?h::lm .' EmailAdares: #9028187475917112# ~.IL ID WUMBER ~EBORAH 1-. JONES PO BOX 628 CAMP HILL PA 17001-0628 r 1".111",111",11,.""1111...,11",.1.11.,1,,,1,11.,1..1,\,1 Please 'UJ1'ite YOI8 IUcount number- or. YOU!" ,bed:. at mon~' ordc made payabj( to Capiial One Bank and mail iT! tnf' endo.red envelope. . - - !!!!!! !!!!!! - - - ~ !!!!!! !!!!!! !!!!!! - - - - ~ - - - - - - - - - ~ !!!!!! - - ~ !!!!!! - - - - - : , _ How To Avoid A Fr...ce Ch.... t II Gr.c. Pwiod. You will have 8 minimlJ1'l grace penod of , 25 days without finance charge on new purchases. new balance transfen;, new special purchases and new other charges it you pay your total' New Balance", in accordance wiTh the ImportaM Notice for payments below and in time for it to be cledhed by \lOUI neXt statement closing date. There is no grace period 0f'1 cast: advances and special transfers. In addition, there is no grace period on any 1ranaaction if you do no1 pav the total "New balance, . b Aoaruhg Fin.,ce Ch-va. 1 ransactions whicl1 are not subjeCl tv 1I grace period lue assessed finance charge 1) from the date at the transaction 01 2) from the IUlte the transaCtion is processed to your Accoum 01 3) trom the first calendar day of the current billillQ paned. Additionallv, if you did not pay the "New Balance" trom the pre\lious billing period in full, finance chargef; continue to accrue 10 your lKlP8ld balan('.e lIltil the unpaId balance is paid In full This means that you may still owe finance charges, even it you pay the emire New Balance indicated on the front of your 8latement by the next statement closmg date, but did not do so for the previous month. U~d finance Charges are added to the applicable segment of your Account t c Minimum F...-.ce ~1r9&' For each billing period t':'at your account IS subieC11Ci II finance i:harge, a milllmlRJl total RNANCE CHARGE of $0.0(' will be imposed If the total ffnanCfJ charge resuhmg trom the applicatioo of youl penodic ratels) is less than $0 _ 50, we vwill subtraCl that amourn from the SO.50 minimum and the difference will be bill8(j to the purchase segment of your account t d. T ernporwy Reduction ., Fnwtoe a.rga, We reserve the ~t~~ir:)8n:ro:.S9ess any or 811 finance ChalgeS for any given 2. A--.. OMy a.-.o. IInc1udi'lg New Purohasasl. a Finance charljJe Is calculated by multiplying The dally balance of each seomem of your accoLl'lT (e.g., cash advance, purchase, special transter, and special purchase) by the corresponding dail~' periodic ratelsi tNn has Deen previOusly dIsclosed TO you. At 1he end 01 eaCh day during the billing period, \/\Ie apply the daily perIodic rate for each segment of \IOUI accourn to the daily balance of each se\PIent. Then a1 the end 01 the billing period, we add up the result:s 01 these daily calculatiOns to aUllie at your periodic finance charge tor each segment, We add up the results from eacl'1 segmenlto arriVf' 8t the total periodic finance charge for your aCCQU1t. T () gel the dally balance tor eaCh SiE9Tlem of your account. we tak.e the l>eginning balance tor each se~flnt and add any new transactions and any periodic finance charge calculated on the preYioue OO'(s balance tor that segment. We then subtract any payments or credits posted as of that 00'1' that are allocated to That segment. This gives us The separatp. daily balance 101 each segment of your account. However. if yoo paid the New Balance shown on your previous Btlnemem in full (or if your new balance was zero 01 II credil amount). new transactions which post to your purchase or special purchase segments are not adeled to the daily balances. We calculate The average dally balance b\o' aOding all the aally bBIBnces together and dividing the sum by the number 01 the days in th€ currenT billing cycle, To calculate your total finance charge. multiply your average daily balance b't" the daily periodiC rate and bV the numbel 01 days in the billing perioc:l. Due to rounding on 8 daily basis, there may be ,8 91i(trl variance between this catCLlation and the amounT 01 finance charge actually assessed b If the code Z or III appears on the fronT of this statement neXl to ~Balancl' Rate Applied To: we muttiolv the averaDe dailv balance of each seomem by vour monthly 469055 periodic rale. To obtain the ave,apE' daily oalance to! the billing period covered by this statement, we tak.e the bepilllling balance 01 each segment each da"" add any new transactions te. each segmem, and subtract any payments or credits. (II the code N appears on t~ tram 01 this STatemenT neX'1 TO "Balance Aste Applied To," we also Subl raC1 any unpaid financ€" chlllpe inCluded in the balanCE' 01 each segmem.) This gives us the dailV balanc~ of each segment, Then. WE add up all the dally balances for each segment for the billing period and drvide bv the total number of a8\fS in thE- billing period This gives us the 8veraQ~ daily bal8flCe 01 eact, segment 3. Amual P.cmt-se RIdes IAPRI. 8. The term "Anoual Percentage Aate" may appear as . APR" on the tront 01 this statement t:. If the code P (Prime). L (::I-mo UBORJ. C (Certificate 01 Depositl, or 5 (Bankcard Primel appears on the trom oi ThtS stalement ne:a TO the pefiodic rale{s), the periodic rates and corresponding ANNUAL PERCENTAGE RATES may vary Quaneriy and may increase or decrease based on the suited indices, as 10und in The Will! Street Journal, plus the margin previouslv disclosed to you. These chanpes will be effectIve on the first day of your bllhnQ period covered bV your periodic statemem ending in the momhs January. April, Juty and October. c. If the code D (Prime), F (1-mo. UBOR, or G (3-mo UBOR Repriced Monthly) appears on the front of your statement next to the periodic ratets), the periodic rates; and conesponcflng ANNUAL PERCENTAGE RATES may Yatv monthly and: may increase or aecreBse based on the stated indices, as found m The Waif Strer:r Journal, plus the margin previously disclol'led to you. These changes will be effective on the first de)-' of your billing period each monTh 4. As.......... of Late, Owriimit .-:I A...,.ed payment F.... Your account will be assessed 00 more than tWO 01 the fees listed here tlla1 occur during any billiny period. Under the 1erms of your CUSTOme! agreement, we reserve the right to waive or nOT to assess am' fees vvlthout prior notification to you without waiving our n{tlt to aness the same or similar tees a~ a later time 5.tR.,.wng yOU" Account. If a memberstip fee appears on the flOm 01 this Slinement. you have 30 days from the date this 918Tement was mailed to VOU I.:. avoid paying the fee 01 10 haVE such fee credited 10 you if you cancel your account. During this period, you may continue to use your account vwithouT having TO pay the membership fee, To cancel your aCCOUffi, VOU mum notify us by calling our Customer Relations [)epanment and pay your ~Ne\l\' Balance" in tl.Jl lexcluding the membership fee) priOl to the end of the Thirty-day period 6. If You ao.. You- AcOO!.rlt. You can request 10 dose your account bV calliTl{! our CU!'l1omel Relations Depar1ment. You mUSt destroy your cledil cardls} and accoum access checks, cancel all preauthorized billing and ceas~ using ,your account 11 you del not ca~cel p,esuthonled billing 8rrangerrtBnlS, we will conSIder receipt ot a c:tlarge your authorization 10 reopen YOUI accoum. Additionally, your account \/\/ill n01 be closed until you pa 1/ all amounts you owe us including: an.,. transactions vou have authorized. filliloce cnarges, paSl due fees. o....erlimh fees. returned paymem fees, cash advance fees and any other fees assessed to your account. You are responsible lor these amOlJ\ts v.tlethel they /topear on your accolJ'lt a~ the tim~ vou reQUest W close the accoum or the\' are inculled SlbseQLlem to vour requeSt 10 close the account. ThiS may result in charges appearing on your accoum after you have reauestM the account to be closed or the reooeniO(] 01 your account it II h8~ already been closed FoI example if '1'00 authorized a purchase from 1I merchant and \'\Ie receive the transaction trom the merchant after your accoum has been dosed, your accoun~ Vllill be reopened the .moun! 01 the charge will be added to yow account, and vau will be responsible tor payment. 11 there is a memt>ershjp lee for your account, the tet' will continue to be charged. to the extent pemTlned by l..w, until the account balance has beer, paid in 1uII 8S defined aoo'IC 7 Uang You- Accoanl. YOUI card or account cannot be used in connection wiTh any intemel gambling transaCTions BILLING RIGHTS SUMMARY Un Case 01 f:rrors Or Questions About Your Billi II you think your bill is wrong, or if vou need more In1ormation on a trans8Clion or bill, write 10 us on ~ separate sheet 8S soon as possible 6t the address for irq,jriet; shown on the flonl ot this suuement. We must hear from you no later than 60 days aher woe sent you the first bill on wtich the error or problem appeared. 'You can call CUI Customer RelatIons number, bul doing 80 vvill no1 preserve your "tilts. In your lener, give us the follOWln{l information: vour name and accounr IllI'TTber, the dollar amoum of the suspected error, a description of the error a~ an explan..tion, if possible, of Y\o'hy you believe there is an error; or if you need more information. a description of the item you are unsure about You do not have 10 pay any amourn in 9uestian while we are investigating n, bU'[ you are stili obtlga1ed TO pay the pans 01 your bill tha1 afe not in question. While we investigate your questioo, we cannot repon you 85 delinquent 01 take llny action to colleCt the amount you question :l.t Special Rule I=or Credl1 Card Purch,8ses It voo haVE! & problem with the quality 01 propeny or seMces that you purcnased with 8 Cledit card and ym; have tried in good faith to correct the problem WIth lhe merchant. \o'Ou may MIie the- rilln not to pay the remaining amount due 01"1 the pfOperty or services. You helve this protection onl\-' when the purchase price was more than $&0.00 and the purchase was made in your home state or within 100 miles 01 your mailing address. (If we OWfl Of operate the merchant, or If we mailed you the advertisement tor the propeny or selvices. all purchases are covered regardless ot amount or locatioo of purchase.) Please remember to sign all correspondence. t Does not Bpply to consumer non-credff card accounts 1: Does nol apoly 10 business nan-credlt card 8CcourrIS Capi1al One suppOrts infonnaTlon privlIC,," protection: see our "'II6bsilf' 81 www.caoitalorre.com Capital One is a federallv registered service mark of Capital One Hnancial Corporation. All rights reserved, e 2003 Capital One 01lGtBAK Important Notice: Your payment will be credited to your account as of the date we receIve It, prOVided you send the bottom portion 01 thiS s....atement and your check in the enclos9d remittance envelope, and your payment is received ir. 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 8 business day by 3:00 p.m. PT, Please allow at least five (5) business days for postal delivery. Payments re;:eived 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, excludin~ holidays. Please do not use staples, paper clips, etc. when preparing your payment. c c c o $:? ~ peoplepcTwonline '--/ A better way to Internet. Surlupto ~ 5x faster with . Cit FREE Accele forlhe first 12 months' - a .. 1-888-587 -9669 Mention Offer Code: COIN Visit www.peoplepc.comlgo/coin CapitalOne. \1SA GOLD ACCOU1\;T 4188-6417-0362-4165 Account SUIIlIIIaIT Previous Balance Pavmenrs. Credits and Adiusr-..ments T ransaction.~ . Finance Charge!> Payments, Credits and Adjustments tl.183.70 $.00 S70.00 S26.97 oos UNLIMITED INTERNET ACCESS PeoplePC Online offers the features you would expect from higher-priced Internet Service Providers, including: ~ NEt. ..$' -~ __ Y.J ..~ Virus Protection powereo bl' Symantec~ Pop-Up Blocker™ Spam Controls Smarter Smart Dialer Technology More i::mail Addresses Internet Call Waiting OCT 08 - NOI' 07, 2003 hgrlofl Transactions 08 OCT O\"ERLIMIT FEE 07 Nor CAPITAL ONE MOl\'THLY MEMBER FEE 07 Nor PAST DUE FEE S29.00 6.00 35.00 New Balance Minimwn Amoum Due Payment Due Date SI,280,67 SI.280.67 Deeember 06. 2003 Tow Credit Line TmaJ Available Credit Credit Linr for Cash Available Credit for Cash $800 $.00 S800 S.OO You were assessed a past due fee of S35.00 on 11/07/2003 because your minimum payment was not received by the due dare of 11/07/2003. To avoid this fee- in the future, we recommend that vou allow at le-ast: i busine~ days for your payment to reach Capital One. . At your service T (> call Customer Rcl&tiom 01 t(. rcpon II loS1. or stolen card.: 1-800-903-3637 For fret: online account $c:rvict ll1Id special OlStome: offen.. log on to: WW'Io";'.capitalone.oom Send payrnenu. to: Attn: Remittance Proce,;sing Capital One Service P.O. Box 85147 Richmond.. V A 2327{. Send inquirie. to: Ca.pital One Service P.O. Box 85015 llidtmond, VA 23285-5015 rmance ChaIges PURCHASES CASH PleQ.j( 5et Tn.u:rse .ridtfor importanr infarmation Bai4nu Tai, PmuJ~ "?!jjdt,, Tilt, Sl.225.88 .07096% S.OO .070%% Corr:;p;Jmg 25.90% 25.90% tWA~8f S26.97 S.OO ANNUAl PERCENTAGE RATE applied this period 25.90% CapifalOne' T PLEASE RETIJR.'\ PORTION BELOW V\llTH PAYMENT. T 0000000 0 4388641763624165 07 1280670023001280671 Street PilflS( prmt mailing midrw fmJ/(ff (-mail c;xmrls luiUfL' USfn[ ;'iut (IT bUKk ink. A.pt.1 New BalanCt Minimum J\moum Due Payment Due Date $1.280.67 $1.280.67 December 06. 2003 Cll'" S (.;J.l~ L.~: Total endosed Account Number: :--;orn~ Ph:m~ 4388-641i-6362-4165 E.rnu:.Adcires: Alternllt~ Phont Capital One Bank P.O. B::>x 85147 Richmond, VA 23276 '" co o :.,. o - - - #9031287475917115# ~~_IL =~ WJMBER DEBORAH A JONES PO BOX 628 CAMP HILL PA 17001-0628 1",111",111",11"""1111""11,,,,1.11,,1,,,1,11,,1,,1,1,1 r .., - !!!!!!!!!!!! 1,1..1..11..1,,11I,..1 1.,1,1,.11",1.11",1,11,.11..,11",11.,.11",11..,11",11",1 Piea.u 'U}Titt'wJW aaount number ()t: your check or mon,::1' order 17tIlJ:b payabir to Capita] One Bank and mat/ in tb( enci()Jed enveiopt. Q~leRC" online PO BO~ A better way to Internet. CAMP HILL PA 17001-0628 URt11MITED INTERNET ACCESS .1-888-587.9669 . . . Mention Offer Code: COIN ViSit www.peoplepc.com/go/coin PeoplePC Is soieiy responsibl6 to" thlE offer, and is not affiliated witn Gaona! OnE. Caoita: One does nm prolJioe., efldorse o~ auaIl101ee.. and IS no: affiliated wttll. any produe', o~ servlce snown nere. Mr,' 1raoemarK~ mentioned herelr, are solei) ~ed by the resoactivs ent1~, All nghts reserved. By responding to thl::- OftSi, you may be commrzucanng informatlor aoout yoursef 1C trw company tnlt orovides tnlS product - lor examPle. thai yo!.! arf e CaPita: Dnt customer "Peop/Elpc. Onlin€: FIrs: 3 montrn: are biB& a~ ~.9~ pe: month: $B.g:: pEJ month tnereaftEr Otter CM1ItabIe te I1EM dia:~up subscrib~ at least 18 years of age and may not be redeemed witt, any othe' offer. Offer subject tt char:ge at an~ time. Phone tecnnica! suDDOri a\'aitablE to~ $: .95 per minutt tAcceleratO~ IS ff'BE: to~ 12 monttls. Offer good tor hmited time. AttEr- me firs: 12 months. the A:.."9leratec SefVlC{, \1M autornahcally rever: Ie thf: Standard PeooiePC OnlinE servi\:c. Offer subject to change at anytime. Wttn PeopleP(; online Acceleralec. certain Web oagf' text anc grapl'll:::S wI; loa:! Taste" W'lerl comoared tc s;:anaaro dia'~ut, Imerne: selVlC~ A:tual rw.its may vary P~ePC Online Acceleratec if: OO!y comoatible willi PeopleD(; Onliilf Imerne: seMCe. anc sp<>...ctflec Winc1owst, browsers PeoplePC OnlinE- Accelerated is no: compatibie witr Wmdows!!, 95 witt; IE 5.: S~ ServIce not availaole in all are&. Access tees. Talt:es, ar,,, otnertees and restTi:ilOllS may aopIv, Teleotlone loti charges ma) aDPly. even dunng triai oeriOds. '1'01.. are responsible for determIning wnetIler a cat to one of our access nlJlTlbers Will resut In le1eohone tol: cnarges. mess may bE limited, especially durmQ times. of peak UsagE. Dia'.up numbers may be changec at PeopiePC's d1scretlCKt ::;ontinuou!' use sublect to tlmeou: orocedures. PJI use IS subfect t(o P'eopIeP(; Online's Services Agreement and /l.cceotablf Use poiicr. 56K IS tne maximum speed of seM:e; actual soeed may val) f;; 20Cf PeooiePC Inc Ai" RIghts Reservec ~eOOlePC ClnlinE- anc it~, iogm: all: t'ademaOl.!; ::>f PecpiePC ir, trlE' U.S and o1tle" coumnes e 2005 Capita! 8ne ServIces. In: CaDital One IS a tederally registMlC seMce 1'Tlaft.. AI: ngnts reserved - - ~ ~ - - - = ~ ~ - ~ - - - = - - - - - - - - - = ~ - - - ~ - - - - - c c ~ 0 ~' g N I 1. Hpw To Avoid A F....-.ce Ch-va. t 8. Grace P~. You will hsve II mirjml.J1l glBce period 01 25 days W1thoul finance charge or. ney,,' purchases, new balance Hansters, new special purchases and new other charges it you ps'y your total -New furlance" , in accordance with the Imponam Notice tor pavrnents below. and in time for i1 to be clediled by yOU! next Slatement closing d8te. There is no grace penod on cash ad\IBnces and special transfers, In addition, there is no grace period ()(1 any transaction it you do n01 pa." the total "New balance." b. Accruing Finane. ~. T ransactiom: which are not sub;ecl 10 .& glace period are assessed fin~mce charge 11 from the date 01 the transaction or 21 from the date the transaction is processed 10 your ACCOun1 or 3) from the fllS1 calenc:lar day of the currenT bilhrw;; period. Additionally ii you did 001 pay the "New Balance" trom the previous billing period in MI. flT1ance charges conTinue to accrue 10 your unpaid balance lIllil the unpaid balance is paid in lull This means that you may still 0'l'Y'e finance charges, even if you pal,' the entire New Balance indtc81ed on the tront of yoUr statement by the next statement closing date, but did no~ do so for the previous month. U~id finance charges are added 10 the applicable se(JTlem of your AccounL t c Mnimum Finance D'Jw9a. For each billing period that YOUI account is subiect to a finance charge, a minimum tOtal FINANCE: CHARGE 01 $0.50 will be imposed. !f the t01al finance cha rge resultinQ from the application 01 vour periodic late(s) IS less than $0.50. we INiIl subtract that amount from the $0.50 minimum aod the difference will be billed to the purchase segment of your accol6Tl t G. ~.mporw'y Reduction in F~ Qwge. We reserve the nglll to rM?t asse~ an" o~ all finance charges 101 any gIve!' billing penod Avwll9_ Daity BaaInce IInClUdng tHw PIIchUes]. l:l Rnance charge is calculated by multiplyinQ the daily balance of eactJ segment 01 vour ticcoum je.g., cast] a(jvance, purchase. special transfer, and special purchase) b~ the corresponding dailv periodic rateis) that hse been previously disdosed 10 you. At the end 01 each day during the billing period, WE< a~y the dailv periodic rate for each segment 01 VOUl accounT to the dally balance of each segment, Then a1 the end of the billin1;j period we add L4i the results 01 these daily calculations to arrive 8t your periodic finance charge tor each 88(jJmem, We add up The results trom each segment to arrive at the lotal periodic finance char~ tor vour accounl, To get the dally balance tor each segnent of your account. we laKe the beginning balance tOI each segmem and edd any new transactions and any periodic finance charge calculated on the previous day's balance to! thst segment. We then subtract any payments 01 credit~ posted as 01 that day that art' allocated to that f;egmem This gives us the separate daily balance tor each segmem of VOUl account However, if you paid the New Balance shown on your previoUl5 statement in full (0: i1 your new balance was lero or a credit amount), new transactions whic!''' pos1 to your purCMge or special purchase segments are n01 added to the daily balances. We calculate the average dailY balance by adding all the dBiI~ balances togethel and dividillQ the BUm bv the Ill.mbel of the days in the current billif)ljl cycle, To calculate your tOlal fln~ncE'. charge. multiply vour average daily balance by the d811~" pe:nodic rale and b~' the number of davs in the billing period. Due to roundin~ on B daily basts. there may be a shttrr variance beTween thi$ calculation and the amount o~ flmmce charpe actually assessed b Ii the code 2 Of N appears on rhe front of this 91atemen-t next to "Balance RatF Apphec:i 10: we multiply the averaoe dailv balance oi each aeamen] bl' your monthlv 47086S periodic ulle. To ob1ain the average daily balance lor the billinc penod covered b\l this Slatement, we tak.e the beginning balance of each segment each da~', edd any new transactions to each segment, ane! subtract any pavments or credits, III 1he cOCle N appears on the tront 01 this STaTement ne>n to -Balance Rale Applied To: we al80 subtract any unpaid finance charge included in the balance of each se9mem.} This gives us the daily balance 01 each s89mem, The!'., "'If: add up all the daily balances for each s89mem for the billing period and divide by the total number of days in the billing period This gives us the average riail\! balance of each segment 3 Amra! P.c_. ~81 IAPR\, a. The term "Annual Percentage R81e" may appear as "APW on the trom 01 this statement b. If the code P (Prime), L r3-mo. USOA). C lCertificate ot Deposit). or S (Bank.card Prime) appears Ol"l the from 0" this statement ne>n to the periodic rale(s), the penodic flllles and corresponding ANNUAL PERCENTAGE RATES may vary quanerly and may increase or decrease based on the stated indices. 8S found in The WolI Street Journal, p1~ tne margin previously disclosed to you. These changes will be effective on the first Ciay of your biliin1;j period covered by your periodic statement endinQ in thf month~ Ja~ry, April, .)uly and OClobel c. It the code 0 (prime). F (1-mo, UBORI or G (3-mo UBOR Repriced Monthly) appears on the front of your Statement next to the periodic rate(s). the periodic rates and corresponding ANNUAL PERCENTAGE RATES may vaf',' monthly and may increase or decrease based on the stated indices. as fOISld m The W/JH StrerJ( JOUfTl8/, plus the mafgin previously disdosed to you. These Change2 will be effective on the first dey of your billi~ period each month 4 Asseurnenl of lilt., Ovwtirnit wid R-..ned Payrt*'Il F..s. Your account will tie assessed no more than TWO of the tees liSTed here that occur durinQ any billing period. Under the teRnS of VOur CU8tome~ agreement, 'Ne reserve the right te waive or not to assess any tees withOUt prior notifiClltion to Vou Without waiving OUI right to assess the same or simBar ,fees at II later time fJ.TRenewW1g yOU' AcCOU1l., It a membership tee appears on the trom of this statement, ...ou have 30 dll'(S from the date this STatemem was mailed to you to avoid pllying the tee or 10 hllve such fee crediled 10 you if you cancel your account. Duling this period, you may continue to use your account loI'JithOUl having to pay the membership tee, To cancel your account. vou mUSt notitv us bv calling our Customer Relations Department and pBV \IOlIr "New Balance' in fljl lexcluding the membership fee) prior to the end of the thiny--day period 6, If You em.. Vcu- AcCOW1t. YOl; can request 10 dose VOUl 8ccourn by calling OUl CUSTomer Relations DttPanment. You must destroy youl cledit cBrdlsl and account access checks, cancel all preauthorized billing. and ceas~ usi"\lVOU' account. 11 you de not cancel preauthonzed billing arrangements, we will consIder receipt of .(j ch8rge- VOUi authori:zatlon to reopen your account. Additionally, VOU! account !Nill not be closed until you PlI'" 811 amounts you owe us including. any transactions. )'Ou ha\le authorized, finance charges, past due fees, overlimit fees. returned payment fees, cash advance tees and any othe' tees assessed to your account. You are responsible' lor these amounts whether they appear or, your account al the time vou requ6$l te close the account or they are incurred SlbseQuent to 'lour reouest to close the account. ThIS may re!'lult in charges appearing on vOU! account atter '(Ou have reouested the accoum 10 De closed or the reooeninc of YOUl account if it has already been cklsed. For example if vou authorized .& purchase hom t merchant arK! we receive the transaction from the merchant atter your account has been closed, ...our account wil' be reopened, the amount of the charge will oe added to YOu' account, and 'IOU will be responsible tOI payment. If there is a membelship lee fOI vour account, th€ fee will continue to be charged, to the extent permined by la....'. until the accoun1 balance has been paid in full as defined above 7 Usi1g Y04$ AeCOlftt.Your card or accounT cannot bE used in connection with anv internet gam~ing traflS8CTIOOS BILLING RIGHTS SUMMARY Un Case 01 Errors Or Questions About You' 8illi If you think your bill is wrong, or if vou need more information on .& transaCTioo or bill. Wf1te to us on a separate sheet 8S soon 8S possible aT the addrest fOt irQ.Jiries sho\Nf1 on the hent 01 this statement, We must hear trom you no lalel than 60 davs after 'Ne sent vou the first bill on which the error or problem appeared. You C8f1 call our Customer AetatlOflS number, but doing 8(l will nat preserve vour ri~$. In your lener, give US the tollowing intormation: \fOUr name and aCCount number, the dollaf amount 01 the suspected error. a description of the error and an explantnion. if possibie, of wtw ...au believe there is an error; or if you need more information, a description of the iTem you are IJIsme about. You do no; have to pay any amoum in QUestion while we are investigating It. but you are still obligaled to pay the pans of your bll! thaI are n01 in QUestion, While we investigate your question, wt- C81Tlot repon you 8:S definquent or take any Bction to collect the amount you questIon t ,t Special Rule For Credit Card Purchases If you have a problem with the quality of propeny 01 services that you purchased ......th a credit card and you have tried in good faith to correct the probiern with the merchant. you may have the right nol to pay the lemaining amount due on the propeny or services. You have this protection only when the purchase price was more than $&0.00 and the purchase W8S made in your home state 0' within 100 miles of yoU! mailing address. lit we own or operate the merchant, or if we mailed you the advenisement tor the property 01 services all purchases ale covered regardless of amount or location of purchase,) PleaSE: remernbel to sign all correspondence. t Does na~ apply to conSlinJer non-crtKih card accounts t Does no; apply 10 business non-credit card 8CcoumS CapiTal One suppons informa1ion priVItCV prmeClion see our website al INWW.capitalone.com Capital One is a federally registered service mark of Capital One Hnanoal Corporation. All fights reserved. e 2003 Capital One 01 LOLBAK I~ MDl:ice; Your payment wll: be cradted to 'fOUr account as of the date we receIve h. provided you send the bonom portion of this statement and yoU! check in thf> encIos.ed renuttllnce envelope, 8no your pavrnem is received !I"l our processlrsg center by '8 p.m. Payments addressed TO OUt VirginIa or Georgls processing center must be recftivec' on a busrness da\, by .3:00 p.rn fT. Pa'lf!lents addressee 10 our Washington processing center must be reCeived on a business day b'l 3:00 p.m. PT. PleatM: allo'll\' at leaS! five (5,i business days tol pO!J1:al dc\~very, Payments received by US at any other IOClltion or In anot~er fOfTTl may not be credited the same day we receive them, Our business dIIys are Monda.,. througt1 Saturday, excluding hohdays Pleasf' do not use Staples, paper chps. ete when prepannQ yoU! payment VERI FICA liON The undersigned does hereby verify subject to the pe alties of 18 P A. C.S. 4904 relating e\' AME) CCOn to unsworn falsifications to authorities, that he/she is ~~ . T LE) of (OP;14 I O~ ~n" , plaintiff herein, that I (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. al(dM!:rt(:~~fj, WWR#OS-~ 'l.! Lj '75" AJ ~ ~ } ~ n ,..,~ ~ C t:::=...""") 0 t:::.:.:..::) ~~~ (,5""'" -n ,v, 0 -l C) I..,., --l ;-11- ~ r- ~ CIl 1'.' -n;'T1 G __heJ w ;) .1 () ~-t \.-} \' N -0 -:)~~ r -"~;;:_'. ......... tAl 25rrJ Or ~ C,) / ,--I _oj ,r-. ...z (fl :):J ~ \.0 -< ~ "-'... \. .' '"' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No. : 06.6176 vs. PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE DEBORAH A JONES Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 \f\J\NR#05414475 ~ .' . IN THE COUHT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. : 06-6176 DEBORAH A JONES 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: Attor y f r Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05414475 / SWORN TO AND SUBSCRIBED before me this J b1" .day COMMONWEALTH OF PENNSYLVANIA Notarial Seal Wendy L. Gault, Notary Public CIty 01 PittSburgh, Allegheny CountY \ I MyCommlSSlOn ExpifesJuIy 15,2010 Member. Pennsylvania Association of Notaries of ~ c;.::> c:::r :;;r- 52 0) o -0 ~:. ~ 1.--n rne -om -00 (::~ b --- ... --r l '".r~ 4~; :), (:";, ;i.')\Tl '::~ 51 ~ {') ., o 0.) SHERIFF'S RETURN - REGULAR CASE NO: 2006-06176 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS JONES DEBORAH A BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon JONES DEBORAH A the DEFENDANT , at 2031:00 HOURS, on the 2nd day of November, 2006 at 1940 MARKET ST APT 2F CAMP HILL, PA 17011 by handing to DEBORAH A JONES 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 Service Affidavit Surcharge So Answers: 18.00 13.20 .00 10.00 .00 41 . 20/ 1.2/ (:)~ I 0 (.. r~~~~f R. Thomas Kline ~ Sworn and Subscibed to By: before me this day of A.D.