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HomeMy WebLinkAbout08-1611e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: b,$- 611 CiVi ( -FerM Vs. KAREN D WINTER COMPLAINT IN CIVIL ACTION Defendant 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 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 06350103 C N Pit SXM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No KAREN D WINTER 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 15000 CAPITAL ONE DRIVE RICHMOND , VA 23238 2. Defendant is adult individual(s) residing at the address listed below: KAREN D WINTER 37 SUBDIVISION RD NEWVILLE, PA 17241 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXXXXXX0188 . 4. Defendant made use of said credit card and has a current balance due of $11264.90 , as of January 23, 2008 . 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 29.200% per annum on the unpaid balance from January 23, 2008 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 111" and made a part hereof. Q-1103"Ow what's in your wallet!* KAREN D WINTER NOT PAYING YOUR DEBT 058 DOESN'T MAKE IT GO AWAY. In fact, even if we report your account as charged off, you'll still be responsible for paying your debt. So why not call us to see what we can do together to keep you from receiving such a serious mark on your credit record? We're here to help. Please contact us to find a solution that's right for you. You can make a payment with our {egg check by phone service or speak to an associate by calling 1.800.955.6600. Make sure you call or pay the amount due on your statement within 30 davs to keep your account from being charged off. ® 2006 Capital One Services, Inc. Capita! One is a frik=11y regi Brad service mark. All rightr served 058-07754 Account Previous Balance $7,642.64 Payments, Credits and Adjustments x00 Transactions $35.00 Finance Charges $191.83 New Balance $7,869.47 ltl.n+n rn An-,--,lint a-,? $ ,8%+9.47 Payment Due Date September 21, 2006 Total Credit Line $6,500 Total Available Credit 00 Credit Line for Cash $1,300 Available Credit for Cash $.00 At vonr service PLATINUM MASTERCARD ACCOUNT 5191-1514-2434-0188 JUL 22 - AUG 21, 2006 Page 1 of 1 Payments, Credits and Adjustments Transactions 21 AUG PAST DUE FEE $35.00 s'attx rrcrnint i-5 sr pa;xnerr1 behind, Hive chxge off l- ur aacunc date to late =nuenrs, vie still 7c;v,rt this t. s wc`a! nado it acdi? 1,weauc which may have a rsr - u t:npG e y *ku c edit r coro. Act RCN to F -lent our, fr•tm tar,l nmg. ?leave Pry The arno nt enc c } ,.. s taw nest or give as a . a-1 a 'Nell ,,.k with }:+u :sew W1111 .All take come l cf w ur C*-! al One accotnn aUJ .^-.art. re)uildtng ivur crtdi . You were assessed a past due fee of $35.00 on 08121/2006 because your minimum payment was not received by the due date of 08/21/2006. To avoid this fee in the future, we recommend that you allow at least 7 business days far your payment to reach Capital One. To mII Cwtoma R&tiom a to report a lost or stolen la- 1-800-955-7070 For fm online aowunt service sM spe6al customer offers, log on to: -capital.- Send payments to Send inquiries to: Attn: Res dt ee Prooea S Capital One Bank Capital One000 P.O. Box 790216 P.O. Bor 30285 St Louis, MO 63179-0216 SLC, Ul 94L 0-0285 Important Account Information Take control and start paying your bill online for free. Eliminate the hassle of writing checks, finding stamps, and a? sealing envelopes Everything you need to access, review, and pay your bill is available online. Our website offers you a convenient, simple, and secure way to manage your account. Visit www.capiWone.com and register your amount to start simphfytng your life today! Finance Charges n t i o n Pkarexc reverxside jot imtodmitt ii fffnta N Bd rWr Pn+ol P?R ? ( +t p, ? y ? ? pp4rdto sMr lsL. l.i] PURCHASES $7,735.06 CASH $.00 .08000%D 29.20% .08000%D 29.20% $19L13 5.00 ANNUAL PERCENTAGE RATE applied this period 29.20% PLEASE RETURN PORTION BELOW WITH PAYMENT V :apiW0ga 0000000 0 5291151424340188 21 7869470198007869472 New Balance $7,869.47 Minimum Amount Due $7,869.47 Pa}nacnt Dix .Date kptemtxr 21, 2*y? Total enclosed $ Account Numlm: 5291-1514-2434-0188 Capital One Bank P.O. Box 790216 Illnluhl111n11u11 St. Louis, MO 63179-0216 11111111111111111111111111111111111111111111111111111111111111 Pr p.vt r„??r? e-?a,?r,?r?ra:?star?rar?;? Street Apt i Gry Sue ZIP Ham, Phone Alxma[e Phone Em.ZAdd- #9023472749097338# MAIL ID NUMBER KAREN D WINTER 37 SUBDIVISION RD n NEWVILLE PA 17241-8602 o ? m o 111111111/111111111111111111111111/111111111111111111111111111 Pkams iteyovaaount ...bnonymo-.5ea or moray mdomadetrycbleto Carnal OmBnnf andmailm the enclareden lope a? s apps r a? t? 8 0 M N N ?kV periodic raft. To obtain the average daly balance for the big period covered by this staNmam, we take the bagiratag balance of each segment each day, add any new trarrsctans m eatlh liners' and nlaram try payments or credit.. (R the code N appears on the from of this sratanom hen to 'BW- Rate Applied To: we also shbtaot any upeid finance large included in the balance of each saprhem-) This gitaa w the bslrhce of eatlh tech segmwn. TMs,, we addpumpfoadp the del b be for ry the total for the " days In the 61Nng period Thb try the wtlc ra?in6eerr of a¢ dilly balance of PM aegrwtt. 3. Multi Preerpa Rt. f Percentage a. The roan 'Aortal of thi. statement may appear as ID 'APB' on the from of e al. b. If the cos P Dame). L (3-Mo. m eU appear C (Certificate of Deposit), St next r Prime) to th rmpj,the the from omiodc rates and mrespmeArq ANNUAL PERCENTAOE RATES may wry gtsfiefiy and may increase or decrease based on to stied Indices, as tmd in The Wag Suter Jo~, paw the marginpre viauly disclosed to you ? cherhpea? be efY - on the Inn ay of yon oaaa?ia?d had Dy ymr periodic a atanam wing . bh the mmda January. Ape, July .nil October c. lithe code D (Prime). F limo. U6ON or G (3-mo. LIBOR Repriced Mermaid "appeal on the from of Vaar statement nest m the peaces me(s), the mode rates and corresponding ANNUAL PD CWA13E AATFS may wry ff Y ad rosy incrane or decrease based on the anted ireufcea, r tauW in The Will/ Strait ?ouna6 give you. These dhahgaa the mason prtNady disclosed to will be eit.cdw on the that day of yore Hing period each mondr. 4. A.-sment of Lap, Owalelt and Rabmsd PaYanert Far. Yw a om m will be assessed no more than two of the has Rated here that ocw dung any big period. Linder the terms of yea cwtaner agreement, we reserve to right to Waive or not TO assess any fees wit out prior notl to widema waiving m right to asseas the some or similar at a Ire time. 6. Vaal A.-L H a maobndip fee ppeate on the tram of his amement, you have 30 days hen the mete his statemem vest mailed to von to avoid paying the fee or to haw such f- credited to you if you cancel yw account. During this period, you may carrorare to tt- yore accoual w"Wit having to pay the mermbalcp fee. To cancel Your scomrd, ym mow notify Ue by calling m GLeamer Relations Deparmm tt and Pay yea Now Balance' in fit laacuearg the meMeralYp fee) par m to and of as W ny-0eY perld. 8. N You Cie Ysa Assns. Ym can req-at m dose yyews accent by calbg ter Chstme Reletlor Departman. Vm must destroy, yore credit cad(s) and account access checks, cancel all prewterized bllirg, and cease us" Voter accesm if you do not cancel Pmmgwized billing auaregements, we will consider receipt of a charge your authorization to reopen your aaenl. Additionally, your aocmam etas not be dosed wall Ym Pay all arnotarts you owe us Including. any trarhectlar yon Nw saledzed, Wnacs charges, past due fees, ovedinit ter, ratumed psymem fees, cash aMahce ter ad any otlarartalhle Tot -mm- Vour ecceurmt. Ym are reap br ease anmMS Wother say appear an Your accosm at the dime you request to close the accent or they arc Moaned atsagtartl to yw regwst m doh the aecom. This may mtdt in dhergas appearing on Ym aocmnl after you New your women If It has alkesfy been dosed Fa ehmhple, if you authorized a Purchase hen a rreerdarr ad we revive the transaction from the merchant after ymr acrous has been dosed, year scooters wall be reopened, she emotes of the coup will be added to ymr scrour, and you will be responsible for P-Wo-IL If there k a Membership fee for Yw agars, the fee WIN CmiRlle m be tlrrmd, m the a p nr by 4w, uab e sccous binc?e has been xh Pod In ful its as delkeed above. acooun caret be 7.1daYtp ear Aaaaas. th card or uraedle mrhodhon wilt cry Mamhet 9a^ea^g trtiv Allrta 8. Native Aber f]rbaie Cttssk Cawesish. When you ==1 check as payment, you sutleae us ehhor to nstorh from Yw check to make a tote-tine alemrome find tranafo fen yw bank scoter or m as a chack transaction, When Me 'tP Yrfreertls yw chack to make an electronic taro transfer, heeds may be w ithttam from ymr bank aams as soon as to same day we mce(ve year from Dadk paynwms, aid yon veil not receive Ootr check your iser Wit krtlhhdoth. BILLING RIGHTS SUMMARY (in Case Of Erma Or Okealmr About Ym Ban If you tit yon bill is wrong, or H you red mere inkmatlorh us, a transaction a bill, wax to w on t sepaox lest ss soon as possible at the address for inprirbe slhovin on the front of this statement. We rtes hear from Yea m later than 00 == Wm Nit on Wick the error a ped You urh aid m a nomer Relations mmhber, hurt ddoinp so Wa not preserve ymr riots. In ymr letter, give w the folowaep iMamaton, yar rtane and a-W member, the dollar amaun of the suspected corer, a description of to error and an toplammon, H possible, of vWRryhy yon believe there is an sate; or if Van need more mfomatlen a d dpton of the Ran you ere issue abalG You do not hew m psi' any but you amass in quatWh wale we are irhtadge it, are sW oHSekad W Pay the Hera of you_ W(dat em not ==== WHile evrdeat ?co of colect the or? ire 3,t Special Ikle For Credit Card Purchases If you law a problem with the quality of property or services that you purchased with a credit cad and you have tried In god thin to correct the prable n with the merchant, you may have the fight not to pay the remaining anwt due en the property m serAm. Yw how this protection emy Wan the p,% -eke wr tome den 560.00 and the pu chase wee made in Your home sate or within 100 mks of ymr mailing address (If we OWN a operate the merchant , a it we meaed Yon to advertisement fa to property or services, al purchases am cowered repehdsss eI ammnt a location of purchase.) Pieaae rareanber to eigh ea mrespordace. t Does ref Apply to caearrar aoos *O card accords S Does roe apply to &oh- racrcaadu card so-sor One skppom itlmrnaton privacy Prorocton: s- m regaterect service mark of Capital All n1/as reserved. 0 2003 OI LGLBAK to. 0rses Psrled. Ym will have a ntinem grace period of 26 data witlaut lowest tlrrpe on rave purchases, new baiahce irarlere, now special p rdwat and new other c "goo if you Pay Vaor total 'Nev.' B+Iahce', n aecemsre with to rnportrr Notlce for paymerss below, and In, time I. it to be credited by ymr nett statement a d pyedd trrrfem. ke adAdore, siem h grarB period m any tnsrdlen If You a not pay the total 'New b. As=" FY was Charge, Tra secdoe w idh are not rn`tamdac?'neot dheatrens.creilatfmm me d? that ) transaction Is processed to yw Acmar or 3) iron the that calendar day of the asters blip tedod Additionally, if you rid not Pay the 'New Briers from the preview blip period I. AM, finance charges -time m sans, to your upsid balers uall the utpefd balance is paid in hl. Tlie means that you totyy st/ owe Wrests tlharpss, even R you pay the ode New Belahce indicated on the front of yw statement by the nett statement closing due, btr did not do so for the pevbus rnodc Unpaid fiwsa dugs. am added m the sogmhat a yw Aco_ tc. andn..hh F1wss Fa rdih baarg period thet yen account is ah6)ect to a Stance charge, s minkman tad FINANCE CHARGE of $0.60 will bbeppilncp ataed Nythhee P=edo=W k ?tsstcwtni .5-0, t wN e6ttona? that amount from the $0.50.aininsa and the g billed to to pudsse mg.. of ymer aa di be t d Temporary Radtrelian in R - Owq, We reserve to for to noottrseae arty or M finance charges for any given 2. A bvaapD= aiy6 Ialshr (MYriq Nsw P shawl. a. I- charge I. raHnlated by tm/dplyirp to daily balance of each segment of yer somas (e.g., cash advance, phrdsse, special tralaler, and epedal pudhsse) by the mrssPorhdirg daily periodic rate(s) that has bran pevkstaly disclosed m you At the and of each day drug the Ding period, we apply the deal pedodic ram, for each sop se of ymr aamrt to the balance of rot segnem. Than at to ad of to big pabd, we add up the resits of the- daily olcrLdorr to arrive at yw periade flrnsrhce dchsrge for each as'. We zd up the malts from esch segment to arrive at the total Petle' fiance charge for yar agars. To got to daily balance for each asgtwr of Yw aecous, we take the heorring [ranssMas balrce for each sgrnem and add tarryhy new and any pper: lihahm charge celcrlsted on to previous day's bale f.r tries segment. We ton sultact any payments a cream pasrod as of that day that am alomed m that aaDmas- This gives us. the separate ddy ba-ce for dada eegrhet of yme acceuht. However, H you the New Saashca aiorm on you Pre'ms sutanem . (o H Yw rew belshce was zee o a fact smut), rave trshrciaea which post to yw pardnre or special perch se segrenta am not added to the ally bdences. We daWlaro to average daily balance by adding al the seal balances together and divf3g the am by the maMer of the ays In the moat big cycle. To dal-Is your total Idkuearyopeedwckdige mi tiply yen average deay bell - by the peMd. Drs, W. rat. No artdirg by a dYy -fteW of beak, d" in me rosy heag this ad the snare of slight tlrtancee b. H the m1e 7 or N app-m on to from of this amanan rem m'BILI- Ram A= To: we rmitiply the .. fnpart.nt Naffs: Paytrwms ym mail to w vAl be credited m Yau? aceoun W of the bti vi s aY we moalw k PsaNatl (1) you sad to botwe portion of this statement and you dexk le the acloaad mamma ce envelope and (2) your payment Is received In m center by 3 p.m. ET 0 2 neon Pry. Please Am at least lve (6) hairless aye for postal delivery. Paymams received by w at any other location or in any Mheyrwioapnsynm yyttnot bit credited as of the day we receive tem. Qr dskaa days are Monday trmdh Sawa , tzdudirg holdays. xmrrl?orr t a o rrt?:ar propma ff =. Vam yet, senj sA a dockt(a), You atithustre us to mks a awthose dectroric: transfer derbit Y%ff bank rt x= of th cAeck. , an?m tdm appHOS m N c he?cm? rwwived during the big eycl ever H sent by s ma suree eM It welf fps ss?ess t?tar?afer?you 4Uft zo M to make a charge against ym batik ao and wog to deck a papa draft a otea hem. First 3 months half-price 9 a morft 4 7 $9.WrFW. Cla6~ SIGN UP TODAYI P 1-877-778-1207 Mention Offer Code: ONYX Or visit www.peoplepc.com/go/onyx Caahfia,op• Account Previous Balance $7,86947 Payments, Credits and Adjustments S.00 Transactions $35.00 Finance Charges $197-52 New Balance $8,101.99 Minimum Amount Due $8,101.99 Payment Due Date October 21, 2006 Total Credit Line $6,500 Total Available Credit $.00 Credit Line for Cash $1,300 Available Credit for Cash $.00 At vote service To Call Cunoma Relations or to report a lost or stolen owi 1-800-955-7070 For fro online a-u t senior and spaces extome offer, log on to www.npiwonecom Send pgmetm to•. Send ingwr s toe Attn: Remittance Processing Capital One Bank CaPital One P.O. Bos 70884 P.O. lion 30285 Charlottc, NC 28272-0884 SLC, Ur 84130-0285 Important Account Information Beginning October 1st, 2006, based on your account activity you may be assessed more than two late, over unit, or returned check fees that occur during any billing period. 003 peoplepc• online u A better way to Internet PeoplePC Online offers the features you would expect from higher-priced Internet Service Providers at half price for the first 3 months! Email Virus Protection ® Pop-Up BlockerTm `j Spam Controls Smart Dialer Phisher Security Internet Call Waiting PLATINUM MASTERCARD ACCOUNT 5291-1514-2434-0188 AUG 22 - SEP 21, 2006 Page 1 of 1 Payments, Credits and Adjustments Transactions 1 21 SEP PAST DUE FEE $35.00 NOTICE: Look for a new statement design for your Capital One credit card beginning next month. A summary of the key changes will be provided with your new statement You were assessed a past due f« of $35.00 on 09/21/2006 because your minimum payment was not received by the due date of 09/21/2006. To avoid this fee in the filnrq we recommend that you allow at least 7 business days for your payment to reach Capital One. Fnmct Charges Pkmerareverse tidaforsmpmtantinformation y Bdaurr- PerioLr N ?rdar tuh APR - N PURCHASES $7,964.63 .09000%D 29.20% $19752 CASH 300 .08000%D 29.20% 3.00 ANNUAL PERCENTAGE RATE applied this period 29.20% PLEASE RETURN PORTION BELOW WITH PAYMENT :apftalow 0000000 0 5291151424340188 21 8101990198008101998 New Balance $8.101.99 Minimum Amount Due $8,101.99 Payment Due Date October 21, 2006 Total enclosed $ Account Number. 5291-1514-2434-0188 Ell prixtm.rj,,&-ate c-_WAffg.,ir www -K.*irk 5veet Apt # City Snte ZIP Hume Phone Al-Phone #9026572749097332# NAIL ID NUMBER Capital One Bank KAREN D WINTER P.O_ Box 70884 IIIO111111IIIu1IOI' mN 37 SUBDIVISION RD Charlotte, NC 28272-0884 N NEWVILLE PA 17241-8602 N III II II11?1I IIIII1/1IIII1'I'I II IIII IIIIII IIII'IIII11'11'11111' ? 'I IIIIIII IIII Ii?I'III111'I'11'IIIf 11'll llltlllllll 111 lllllllll Pkau-deymoarmmt namberm yomchxF cr mmuy order madrpayabk to Caprtal OwBmrk and mail m the endured emrtope. r peoplepci online u A better way to Internet. UNLIMITED INTERNET ACCESS SIGN UP TODAY: 1-877-778-1207 Mention Offer Code: ONYX Or visit www.peopleK.com/go/onyx PeoplaPC is solely responsible for this offer, and is not affiliated with Capital One. Capital One does not provide, endorse or guarantee, and is not affiliated with, any product or service shown here. Any tredernarke mentioned herein are solely owned by the respective entity. Ali rights reserved. By responding to this offer, you may be communicating information about yourmil to the company that provides this product - for example, that you are a Capital One customer. 'PeoplePC Online: First 3 months of service are billed at $4.97 a month; $9.95 a month thereafter. Offer available to now dial-up subscribers at least 16 years of age and may not be redeemed with any other offer. Offer subject to change at any time. Phone technical support available for $1.95 per minute. For questions, call toll free at 1-877-778-1207. Service not available in all areas. Access fees, taxes, and other fees and restrictions may apply. Telephone toll charges may apply, even dung trial periods. You are responsible for determining whether a call to one of our access numbers will result in telephone toll charges. Access may be limited, especially during times of peak usage. Dial-up numbers may be changed at PeoplePCs discretion. Continuous use subject to timeout procedures, All use is subject to PeoplePC Onnfim's Services Agreement and Acceptable Use Policy. 56K is the maximum speed of service; actual speed may vary. ® 20006 PeoplePC Inc. AI Rights Reserved. PeoplePC Online and its logos are registered trademarks of PeoplePC in the U.S. and other countries. ® 2006 Capital One So-vim, Inc. Capital One is a federally registered service mark. All rights reserved. r_ t_ 8 O C) N ? N N NN t e. Ones Psrbd. You Will hoe a -,In- grace period of 25 days Wilms: finem charge on row pad-, balance ttmMers, now, special purchases and new other dhsgr H you PW You tort 'lbw Baian e" in aceor m with tr npotas Notice for payments below, and in time for it to be credited by your next statement rash edvancs mio . date. Them b no gran period on and apeed tnarbrf In addition, them is no grace period on any tra?n.Yim if you do rot pay the tool -flew b. Asruig Fit- charge. Tmne-tus vAidh am not am)ect to a gram period w a.-and Nnoree chug. 1) tram the data of the transaction or 2) than the dote the va section is procesed to your Account or 3) from the first calendar day of the mrrere, bill" period. Additionally, H you did roc,PaY thf= Bd men to prevrar big period n full ansnc?e drgr tmaere to amnia m your unpaid balance u d! the upoid balance b pond n full. The reams hire you -y sa owe hawse drgesr even H you pry the mare New BeWCe I dcated on the from of yw saterem by the nerd aaanerd coaling dote, but did not do r for the pmvlmr month Unpaid fl- changes m added to the ?pgraNe ••P••rr of yw Acewt. tc Llrrinoan FYhrhr Ouga. For wdh billing period that Iknste drugs, a ntkinun yw acraut b artbjea we tool FINNAN ICE (744f10E of $0.50 wi In intpased H the r from the appg?anmh of yam total fit- c w pedocc rate(s) less, than 30.50, we wY abtraa t ail t amour from the $0.50 rni nimran and fir difference will be bled to to P t d. Ter learary Radrdhs ih Fnsnw ahaga. We moerve the dolt m not seer any a an finance charges for any given paWdc rm. To obtain the .-,.a. daily balance t« the bW?++hg0 covered by this staaanad, we take the bap balrrw of each segment each day, add my new troe-nes to each women, and subtract env PsNnents o tier a tracts. (H the code N appears on the need statement next W -Balance Rae Applied To: vie ciao sttaraa any unpaid fnerce -'L- hrd- the be" of each a?hrnt.) This gives u deny brims a each Turn, we add hp as the daily b.M- for each =11dsya the kikhg pafod and dviM pabd. TNeygi o vesthe utlh ltde of each .9average day la the agy balance of ch segment. fAPRi. 3 Meal ft=== a. The = Rate' may appear as APR' on the from of tub sum enrm. b. If the code P (Prime), L (3p= LIBOR), C (Cerstcae of this Deposit), w (Bar I spines on the front of 0 periodic mte(e) the rohiodc next V rates and o..espah6hp ANNUAL PERCENTAGE RATES may way gertedy and may increase or decease based on tlhe sated aloes, as found in The Wdl Sfmor J.-I, glue to margin pprreevioudY disclosed to you Than dhahpI who be efleelho on the Nrrt day of your bile, paid covemd bV You pedodc satanont adng c. If the code D (Prime), F (1y LIBOR) or G (S-mo. of yw LIBOR Repriced Massy) ?ppaa the from amtemetm nexi 10 the Perot mtabl, the periods rams and cmmgpo drho ANNUAL PHICEITAOE RATS may wry monlhiY rosy increre or decease based on the anted irhricea, r farad n The Wag Sbsd Jouag plus the margin PaeviailY dsrlmed m You These ehnn0ea will be effective on the Urn dry of 1'atm big Paned you a coure If it has abeady been doa.& Far example, if you stlotzed a pudwe from a merchant and we roetve the trMdKdM forth the merchant after yetr account has been closed, your account will be reopened, the aloud of the doge who be added m your account, and yywou wR be resPorh.II I for paymad. H there b e eolkrs nhanberetip fee for you account, the fee will m badwped, m the axiom pemYeted by law, eW the etxxhur b.lamre hw been Par lo full r defined above. 7. Yw Aesahot.Yw cent or smmat cannot be uecin transactions, n whin any ktemer gienbir, 9. plebs. Mad infk'la p y won, you authorize When you provide . ? - from yo rmdr? m credos m al amric fund trarbr frem yam bunk account a m Process to Peymaa r e duck trarsction. When we tae ntonrnhedan from yw dneclt m make an elearonie had trsnsrer, funds may be withdrawn from your bast account as sum s the were day we meehe your peymem, and you will not moshm you duck back train yot? *= institution. WILLING RIGHTS SUMMARY (In Can Of Errol Or Question About Your BM If you It" yw 6i is ver0rhp. or If you toad more lofomxedon on a transaction « WI, wine to us on a separate sheet s son ere pxr- a st the addmN Pon rqunes shown on It. from of No statement. We mtrt hear tram you no later than 010 days after we sent you the feet bill on which the error a problem appeared You can call w Custaner Relations manna, butt doing W will not preserve Your rides. at yam otter, 1 u the ieifOWrng tnlamatiorc your name and emout outer, the ddler error amore of the suspected star, a description of the and an npanstim, U poseiae, of Wry you believe them is an emor, a if you need mom nton anon, a description of the hem youoaerteedawe abort. You do not have m pay cry amount in question while we am ir"' a In question. we 90 abbRYY w pay the parts bid a ?d lpott yw as Mangsnt or take any action to ct the amount you Vuestiorh• i,t Spacial Rule For Credit Card Purchases If you have a priories Wd the gudhty of property « maims that you purchased YAM a credit card and you have tried In good fahit to correct the problem Wth tai mordum, you may have the digit not to pay to remaining amour due on the property or services. You have this pmteedon arlY Wsn the purcstMm6 IceywN mere tun or 3within 100 nibs of year maakq eddreN(If we own or 0par•re ,he merlin, or it we milled you the edvertis,he 0 ft the property or aervIon, M purdsaes m cowered mil der of amain or loretlon of purdheseJ Plesee manember to sigh as osregmaideoe. t Rost not Awly to ooararr non-emalf card ece«sts t Does, nor apply to bosimss non-cemf can accounts privacy protection: use or red service mark of Capital on reserved. 0 2003 OILGLBAK Avsngi Daly Beare Iknakrdet0 Naw Pudaasl. 4. A ..mrNt of Lala, Oy~ ertl Retuned Psymrt Fses. e. Rrt race charge is calculated by multiplying the dairy Your ecoout will be Nseased no mom than two W the fcd balance of eedh Ngee t of you accotr : (e.g., t "It lined hem due occur during cry hung pedod. Under he advance, purchaser, special tmrrfer, and spadd prdhase) nigh. m tams %your aratam« ogmemat, we reserve the = by the dally pehf0ae mte(et that has been n d f c d d t any fees without prim nod m wive « not m our right to asset the same a similar without we* u g ai mu o ea h sv Pravb,sly to you. At tai big period, we apply the diy Periodic rate for sash M t . n a Ina time. H. ownbmfNp fee Aaerst 6 Y' n h ••0rh•rt of yw a,xxtas to the deny idahoe aegnem. Then n tlr end of the bliq period, we add up . . w 30 appeal on the tort of this narmrrs, you haw your the realer of these dally tallaNdo s to arrive at mdbd ro data tram the dine thin sutemem was you to perioeb thane chaps for eadn aegmnmmt. We add up tai avoid paling the fee or to have such fee cmdted to you resits (torn each sepnmt m erllve n tai Loud pefbdic if You prod your smart. During his petnod, you may finance drips for vats account. To go the daily balarhce somas to tae yam ecoout WNot having m pay the for adh wgnne t of you account, we take the bM*-* membmeHp fee. To cenod Yw amain, you nun balance for each sapnat and add any now trrwdiono rd any pedoee Ohaur Berge calculated on the pmt as W t W t ' notify u by calling our Customer Relations Department e=1 w Balance in full WmkdM the me) lb rior to the and of the tHny-day period s balance for that sag are, e on s tme rW day payments a cadia posted as of that day that am agoramd . p & H Yw a. Your Aa.aot. You can mgrret to d- to that segment. This gives u the sepnna dally baWCe eld the Ib H f your amount by calling our Customer Rlelatlens You rout destroy Yam cmdit and De nrhh.rt you g weva. your ac mat. for each ••7xw• o Nair Bdahce down on your pr. autmhaht lo fun (a .d pa • accahat acme dreka, oaad .u pheaWohizea aabg, If you new balance ws zero or a credit amount), now l * i end cease yw acmuht. H you do rut red we wit eZ. nanDemenN. reaudehtred Wgn - or spec a traearmona which von to your p.. purchase segments am not added to the daffy bdances. We , g p reaip of a drupe your sWwb.6- to reopen yw calmLm the avenge d?s?ilyy??Were by adding all the MiY bela em, together and dividing the sun by the !mbar of accent. AdetohNy. your accost will nn be died unto you pay am aroma you owe is ihetdna any the hop In the current: big cyda. To calculate yam teal transaction you hive authorized. dunce charges, past fnare c harp, tftldply yam average daily hadance by tai due fees, overenit fees, retuned pawnat tees. cash Miy mm and by the maul a of days in tai big edl- bes srW my other tees aseesed to yw pane mtrdrg on a daffy heda, true rosy bee M=b* You am tespaheile for en etnauotc Wethar mourn. th ai anhouer of aiyt vedance baweerh this ealcrletfon and . they appear an your Iri t at the true you regret to Othe Code ectM sacred b. If the coda Z err N appeem m me from of this sun' sWegterhi don the accmat a try am incurred to your regret to dose the somut. This my rear In next to 'Balance Rate Applied To,' we rusty the charges appearing on your .epaat efts you have ktpaam Roam Payment; you mail to to will be caditad ro Your aooout as of tai business day we mcalve IL pm~ (1) yw and the boom Potion of this nnentat and yw duck n tai erKlwad mmlrtahm envelope and (2) yw payrrmt a receved n w comer by 3 pm. kT (12 roan PT). Pk- dlow at lean Nve (5) business, Mye for pesul ddvery. Paynrnre received by u at any other location or n any otter tam nmhoV nil be a.d[ed s of the day we receite than. Our business toys am Monday 1Mauh SanrdaY, exodudnp hokdaW Pbar do not use staple, Paper rib. em• oaring your mpsynha2 What you sand u a drekW, Yw Media u to make a a Urea electronic transfer debit fran Yes bat ahxart tar tai armhovt of the deck 11hie ai chatter received dui, the bail eyde even if him by sameomh sloe. If we .an goon the transfer, you authorize us to make a charge agdM your bait account using the check, a paper daft a other item. VERIFICATION CAPITAL ONE BANK vs WINTER, KAREN D The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that he/she is, JAMELA SINGLETARY, Authorized Agent, of CAPITAL ONE BANK, Plaintiff Herein, that he/she is duly authorized to make this Declaration, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. "Z7? JAMELA SING Notary Public ARYONNE MABSON NOTARY PUBLIC DEKALB COUNTY. GEORGIA MY COMMISSION EXPIRES OCT. 29, 2011 5291151424340188 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. N_ 7 ? ?A S E)7 (N UI cc < 0 SHERIFF'S RETURN - REGULAR CASE NO: 2008-01611 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS WINTER KAREN D DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WINTER KAREN D DEFENDANT the at 1842:00 HOURS, on the 13th day of March , 2008 at 37 SUBDIVTSTnN ROAn NEWVILLE, PA 17241 KAREN WINTER by handing to 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: So Answers: Docketing 18.00 _ Service 13.44 Affidavit .00 Surcharge 10.00 R. Thomas Kline ?-44 03/14/2008 WELTMAN WEINBERG REIS Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLA ND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No. 08-1611 vs. PRAECIPE TO SETTLE, DISCONTINUE KAREN D WINTER AND END WITH PREJUDICE Defendants FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C. WARMBRODT PA I.D. 42524 WELTMAN, WEINBERG & REIS CO. 1400 KOPPERS BLDG. 436 7TH AVE. PITTSBURGH, PA 15219 (412) 434-7955 WWR#06350103 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. KAREN D WINTER Defendants Civil Action No. 08-1611 PRAECIPE TO SETTLE DISCONTINUE AND END WITH PREDJUDICE TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue the above captioned matter upon the records of the Court with prejudice and mark the cost paid. Sworn to and subscribed Before me the_ Day of MARCH, 2008 "I'fA-RY PUBLIC , coMaior r..u - ?FrarvsYLvaN , Y Public City 0, P'i!st. }iCounty My Cornrno«;`e., 412009 Member Ferrnsyw ?i /,s _ L :wuRar{es WELTMAN, WEINBERG & REIS CO., L.P.A. _ By JAMES C. ARMBRODT PA I.D. 4 52 WELT N, EINBERG & REIS CO. 1400 OPPE S BLDG. 436 H AV . PI SBU H, PA 15219 (4 2) 43 955 WR 6350103 Cz* ~c Cr? l4 ..?