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HomeMy WebLinkAbout08-2265r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: D$- aa(o5;v???era, VS. JO A REICHARD 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 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05790458 C N Pit DKB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No JO A REICHARD 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: JO A REICHARD 5510 SILVER CREEK DR MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXXXXXX4905 . 4. Defendant made use of said credit card and has a current balance due of $1392.56 , as of January 02, 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 27.7400 per annum on the unpaid balance from January 02, 2008 . A copy of Plaintiff's STATMENT is attached hereto, marked as Exhibit 11111 and made a part hereof. 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 , JO A REICHARD , INDIVIDUALLY , in the amount of $1392.56 with continuing interest thereon at the rate of 27.7406 per annum from January 02, 2008 plus costs. James WELTM 0,l a 436 S PV59 (F rmbrodt,42524 EINBERG & REIS CO., L.P.A. en h `?venue, Suite 2718 r , t1'A 15 219 3 -7955 -338-7130 8 C N Pit DKB This law firm is a debt collector at em ing to collect this debt for our client and any information obtai e will be used for that purpose. rN Surf up to 5x fasterwfth d FREE Accelerator for &e first 12 rrwnfhst - a $60 vahret 1-888-587-9669 Mention Offer Code: COIN Visit www.peoplepc.com/go/coin oa3 UNLIMITED INTERNET ACCESS PeoplePC Online offers the features you would expect from higher-priced Internet Service Providers, including: Virus Protection powered by SymantecrM ® Pop-Up BlockerTM Spam Controls p Smarter Smart Dialer Technology ® More Email Addresses Internet Call Waiting Capita/Q1we Account Summary Previous Balance $831.84 Payments, Credits and Adjustments $.00 Transactions $29.00 Finance Charges $19.62 New Balance $880.66 Minimum Amount Due $880.66 Payment Due Date December 27, 2005 Total Credit Line $500 Total Available Credit S.00 Credit Line for Cash $500 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 an d special customer offers, log on to: _capitalone.com Send payments to: Send inquiries to. Attn: Remittance Processing Capital One Bank Capital One P.O. B. 79,0216 P.O. B. 30285 St Lows, MO 63179-0216 SLC, UT 84130-0285 PLATINUM VISA ACCOUNT 4862-3625-4008-4905 OCT 28 - NOV 27,200S Page 1 of 1 Payments, Credits and Adjustments Transactions 1 27 NOV PAST DUE FEE Tace control and pay your Capital One credit card bill online for free. Eliminate the hassle of writing clreds, finding stamps and sealing envelopes. Everything you need to access, review and pay your bill is available online. Our \Veb site offers you a convenient, simple and secure way to manage your account. Visit www.capitalone.com and register your account to start simplif ing your life today! As a valued Capital One customer, you :tre eligible to receive a free Year End Summary for this specific account that recaps your 2005 charges, provided your account is in good standing and you have made transactions during the calendar year. Pleas call 1-R77-794-4487 before December 31, 2005, to reserve yew copy for this account. We will begin processing orders in January 2006. You were assessed a past due fee of $29.00 on 11/2712005 because your minimum payment was not received by the due date of 11/26/2005. To avoid this fee in the future, we recommend that you allow at least 7 business days for your payment to reach Capital One. $29.00 Finance Charges Please— ridef ; porrant info matron Eala„rc rmc Pr.nds Co..tspe..dng A on .ypl dm .?. AAPR CHA j-?tjGE RGE PURCHASES 5841.39 .07600%P 27.74% 519 82 CASH S.00 .07600%P 27.74% . $.00 ANNUAL PERCENTAGE RATE applied this period 27.74% PLEASE RETURN PORTION BELOW WITH PAYMENT Capitalow. 0000000 0 4862362540084905 27 088066 0000000880662 New Balance $880.66 Minimum Amount Due $880.66 Payment Due Date December 27, 2005 Total enclosed $ ? AccountNumbm 4862-3625-4008-4905 pi carprnnt mailing add- -,d'- r..ne:l ebanga brl rain" b/ -R-i _J Sneer Ape OF C-,,y $.'I ZIP Home Phone Almrnste Phone #9033109662936518# MAIL ID NUMBER Capital One Bank -? JO A REICHARD P.O. Box 790216 ?s?ss?ss??ts??sssss??? 5510 SILVER CREEK DR St. Louis, MO 63179-0216 r° MECHANICSBURG PA 17050-1961 Please • to yor4 account number on ynrv Aleck or money order made payable to Capital One Bank and mail io the enclosed envelope peoplepc- online u A better way to Internet. r 51q peoplepon online U A better way to Intemet. UNLIMITED INTERNET ACCESS i -888-587-9669 Mention Offer Code: COIN Visit www.peoplepc.com/ga/coin PwpWC is solely responsible fm this offer, and is not affiliated with Capital One. Capital One does not provide, andotse or guarantee, and is not abed with. any product or service shown here. Any tradOrnarks mentioned herein are so* owned by the respective entry. AN Rights reserved. By responding to this ofer, you may be commuecati g itdoratel l about yourself to the oarllpany that provides this poduct - for example, that you are a Capital One au[onler. 'PeoplePC Online: First 3 manlhs are billed at 54.97 per month; $9.95 per month thereafter. Offer available to new &W-up subscribers at least 13 yeas Of age and may not be redcenled wilt any Ww offer. Offer subiec4 to change at any time. Phone technical support available for $1.95 per minute. tAccelaator is free for 12 motd+s Offer good for limited time. After the first 12 moms, the Accelerated service will automatically revert to the standard PeopIl Online sevice. Offer subject to charge at anylime. With PeoplapC Orin Accelerated, certain Web page held and graphics will load faster when compared to standard dal-up trkama service. Actual results may vary. PeupI Onfns Accelerated is only compatible with Peo*K Online internal service and specified Windows® browsers. NOOK Online Accelerated is not compatible with Windows% 95 with E 5.5 SP2, Service not available in all aloes. Accessfees, taxes, and other fees and restrictions may apply. Telephone tail charges may apply, even during trial periods. You am responsible for determining enema a cell to are of our access mantles wt result n telephone toll charges. Access may be limited, wpPAally during tires of peak usage. Dial-up numbers may be clanged at Pw*PC's discretion. Conmalas use s piect to lineout promid rm All use is stAjed to PeoplePC Orlire's sauces Agreement and Acceptable Use Policy. 56K s the maximum speed of service; actual speed tray vary. 0 2805 PeoplePC Inc. Ali ?Lglft Reserved. PeoplePC Odin and its bgos are trademarks of PeopIaPC in the U.S. and other counties. 0 2005 Capital One Services, Inc. Capital One is a federally registered service mark All rigors reserved. 0 rv N O air ? O ; 1. Haw To Avoid A Fktanee Charge. periodic are. To obtain the average daily, balance for the your account it it has almady been dosed. For example, t a. Grace Period. You will have a mktfmtm grace period of billing period covemd by this .atmment, we take the if you authonzed a purchase from a merchant and rw 25 days without finance charge an new Punta nIs, new beginning balance of each -green each day, add any new receive the tansaction from the merchant aft. your balance transfers, now 6pm9al purl3teses and new ollmf ni-.MlotK to each segment, and fLknrci any payments aernunt has been dosed, your account win be reaparaq charges if you pay you oval 'New Balaoa', in or credits. Ili the code N appears on the trim of tfaa the amount of the charge will be added to your account, cordence wire the Imponam Notice for payments below, statement text tin 'Baance Rate Applied To,- we also and you will be responsible for payment. H sere Is a and in time for it to be credited by your next statement subtract any unpaid (lance datge, included in the balance membership fee Ion your account, the fee will -it- closing date. There is no grace period on cash advances of each segment.) This gives us the daily belrtce of each to be charged, to the extem permitted by law, until the and special transfers. In addition, there is no gram period segment. Then, we add up all the daffy balances for each cane b I.-e has been paid in full es defined above. on any trartsection if you do not pay the Total 'New segment for the batrg period and divide by the total 7 Using Yar Aeeoum.Your card or accam cannot he Dal once.' umber of days in the ITT IW g period. this yea -the sed in nnection vviTh any interren gambling l D. A.-ing Finance Charge. Transactions which ae not average daily balance of a ch segrnem. n-aroacn mns. subject in a grace period are assessed finance doge 11 3. Annual Percentage Rates IAPRi. 8. Nance About Electronic G -k Cawasion. When you from the date of the transaction on 2) from The date the a. The term -Annual Percentage Rate' may appear as provide a check as payment, yw ..hoi- us eliner to s is pre sed to your Account or 31 Imm the 'APR' on the, from of this statement. infor a on tram your check to make a first -endar rir y M ifs -rent billing period. Additionally, b. It the code P {Prime), L f3 mo LIBI C (Cethlew. oI electronic Tund transfer from your bank account nr T , It you did cwt pay The 'New Balance" from the p-... Depowt), or S (Bankcam Prime) appears on the front of process the payment as a check Trancii-. When we billing period in full, finance charges cow- to accme in :Ms statesmen next to the Periodic rate(s), the periodic use information fnm your cheek to make an electronic your unpaid balance until the unpaid balance is Paid in hail. es and wnespaTting ANNUAL PERCENTAGE RATES fund transfer, funds may be -thdrawn been you bank This means that you may still owe firortce barges, even it y vary toanl0y and may increase a decrease based may account as soon as the same day we receive your you pay the entire New Balance indcated on the front of rated indices, ea found in The Wag Street payment, and you will tot receive your check back ft= your statement by the text wetemrm dosing date, but did Jonanal, flue the margin We'^audY disclosed +a you. your firuncial innntaion. rot do so Re the previous month. Unpaid finance charges These charges wig be effective on the fire day of your e added to the applicable setpnent of your A mum. t c. Mitiowm F ones Charge. For each burg period thet billing periotl covered by your periodic astern am ending in the months January. April, Jul dad Ownhet. BILLING RIGHTS SUMMARY (in Case Of Errors Or Questions About Your Bill your account is subject iP a trance charge, a mint - ,..I RNANCE CHARGE of $0.50 will be imposed. If the c. If the code D (Prime), F (1-mo. LIBORI p G h3-mo. LIBOR Repriced Monday) appears ton the front of your If you dank your bill is wrong, or if you need .- infomation on a tramacion or bit, write to us on a total finance charge res thing from the application of your st s ameeor nen to the period. ratatsl, The parted. rates separate street es soon as possible at the address for periodc rate(s) is I- than $0.50, we will subtract that and conesponfi rig ANNUAL PERCENTAGE RATES may nt}anes shown on the from, of this statement. We must amount from the $0.50 minimum and the dTieram- will be vary monthly and may increase or decrease based on the hear tram you no later than 60 days after wR sets you the billed to the purchase segment of your .-O m. .aced ndces, as land in The Walt Sheer J.-I, pus from bin on which the error or problem appeared. You can 'r d. Temporary Raduetian I. Fit- Charge. We reserve the the margin previously disclosed to you. Tires changes ..If our Gutomer Relations number, but doing so will not right to not assess any on all finance charges for any given will he etewive an the first day of your billing period preserve your rights. In your letter, give us the following billing period. each mach. information: your name and account number, de dollar 2. Average Gaily eaMee Ilnckvaiog N- Pudtasasl• 6. Assetwrrr of Leta, Ovarfirnd and Rebartad Payment Fees. amount of the suspected em e, a description of the emof a, Rrarnce charge is calculated by multiplying The deny Your a=cmn will be assessed not more than two of the fees and an explantritr, if possible, of why you believe them is balance of each segment of your accent (e.g., cash listed here that occur during any billing period. Under the an error; o if you reed mac iwonmatlun, a description of advance, purchase, special transfer, and special purchase) moms of your customer agreement, we reserve the right to the hem you ere unsure about. You do not have to pay any by the corresponding daily period. ram(s) that has been waive or not to assess any fees without prior nodlication to amount in question whale we am inve.igating it, but you previously disclosed to ou. At the end of each day during You wittwut waiving our right to assess love same of similar are shin obligated to pay the pans of your bill that are not the rig period, apply the daily periods rate for each tees at a later time. question. While we investigate your question, we, carrot segment of your account to the daily balance of each 5.tRloweig Yor Account. If a membership fee report you as delinquent or take any action to collect the segment. Then at the end of the billing period, wa add up appears on the from of this s memet, you haw 30 a- you q-m.. the results of Ifese daffy calculatioro to arrive in your days from the dam this in I mend was mdkd to you to periodic finance charge for each segment. We add up the avoid paying the fee or To have such fee cracked to you l,t Special Rule Fo, Credit Card Purchases results from each segment to arrive at the total periodic if You cancel your accomt. During this period, you may finance charge ton your account. To get the daily balance continue to use your accomt without having to pay the If you have a problem wire the quality of property or for each segment of your account, we take the beginning membership tee. To cancel your eccarp, you rraEt are that You Purchased with a crack, card and you -me bar.-. for ea h segment and add say new uaBact(«a racily us by calling an Customer Relatias 1)epnMent ' ' jta- In good fahh to com- the problem with the and any periodic finance dirge calculated on the Previous New Balance in full {exclndrg the and pay your mecham, you may hew the right cwt to pay the remairang day's balance for that segment. We than wabtract any membership feel prior to the and of the tf ini period. amannlt due - the property m services. You haw this payments or credits posted as of that day that one atocamd 6. it Yea Class Your Aczsrad. You can request to dose protection omy when the purchase prier ova more than to roar segment. This gives us the separate deny balance your accounT by offing our Customer Relariats $50.00 and the purchase was made in your twine state or for each segment of your account. However, if you paid the Department You must destroy your credit cards) rid within 100 miles of your mating atfdtts?. (It vw ya nwn or New Balance shave on you` previous sta[emerm in hrl for ac.-I access checks, -et all pteaudnnrized billing, oPcem the merchant, or if w,e mailed you the if your new balance was -I o a nett smart, crew and cease using You account. If you do nor cancel ad-isernam for The ope pr ny or services, all purcfiases po your put sped Transamions which sit to chase or el eaulhoriietl blling arrangements, war will consider Pr o n -red a negerd 1 con- o location of purchase I purhase segments are Twt added to the daily balances. We receipt of a large your arch nitinion in reopen Your please remember to sign an correspondence. calculate the average daily balance by adding all the daily balances together and dividing the warn by ire ember of account. Addtiotally, your ac i will not be dosed until yon pay all amounts you owe us including any t Does ref apply to corwumer non-credit card accse xrt The days in the cunem billing cycle. To calculate your tout finance largea multiplyy your average daily balance by the d il ri d h b f d i btk b h tnnstar ; you haw authorized, firance chrges, paw due fees, 0-dimit fees, returned payment lees, man h f d t d f d f Does not apply to be nes noncredit card acco nrs t a y pa a c nd y t e rum a, o ays n t e ng period. Due to mundirg on a daily basis, there may he a vance any w et ees assesse o your a ees an amount. You are respirable for these arici its whether rotection: see mr Ceotal One supports information privac y slight valance between this calMwits, and to amount of finance charge actually assessed. they appear on you amount at the time you request tD close the account of they are normd subsequent to p website at www.cipktalone.-m. h. If the code 2 or N appears on the from of this same,, yam request to close the account. Thies may tesulf in Capital One is a federally registered service ..,it w Caphal next fo 'Balance Pete Applied To,' ww multiply the charges appearing on your account after you have One Financial Corporation. All rights reserved. 0 2003 average daily balance of each seamen by vr morthlw r.-- I- account 1. be closed or the moUenira of Copier Orre 011GLBAK trtportant Notice: Payments you nag to - wilt be cradled to your amount as of the business day we retain it, provided (1) you send the bottom portion of this statement and your check in the enclosed remittance envelope and {2) your payment is received in our processing creme' by 3 p we m. ET ft2 now M. Please allow at least fan (5) business days lot postal delivery. Payments received by ins at any when location or in =4t er form may not be credited as of the day recetw tlwm. Our business days are Monday through Saturday, excluding holidays. Pleaac do rTw use staples, paper clips, etc. when prywr payment. When you send - a peck(s), you authorize us to make a one-time electronic Transfer Olson from your bank c.- for The amount of the check. This authorization applies to ad checks re ind dung the billing cyder even if sent by someone else. If wze unto process the transfer, you authorize us to make a charge against your bank accent using the dock, a paper draft or other item. VERIFICATION CAPITAL ONE BANK (USA), N.A., successor-in-interest to Capital One Bank vs REICHARD, JO A 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 (USA), N.A., successor-in-interest to 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. JAMEL Y -44 Notary Public ARYONNE MABSON NOTARY PUBLIC DEKALB COUNTY, GEORGIA MY COMMISSION EXPIRES OCT. 29, 2011 4862362540084905 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 00 C) ? O D ti ?,a =a 77 ?x? a cjr? , ._ C? i., SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-02265 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK VS REICHARD JO A 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 REICHARD JO A but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , the within named DEFENDANT , REICHARD JO A NOT FOUND , as to 5510 SILVER CREEK DR MECHANICSBURG, PA 17050 PER NEW OWNER, DEFENDANT MOVED OUT OVER A YEAR AGO - UNKNOWN TO WHERE. Sheriff's Costs: So answers, - ?= . Docketing 18.00 , Service 12.00 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 "I'?lo' 40.00 WELTMAN, WEINBERG & REIS 04/24/2008 Sworn and Subscribed to before me this day of , A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff vs. JO A REICHARD No.: 08-2265-CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C. WARMBRODT PA I.D. #42524 WELTMAN, WEINBERG & REIS, CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5790458 t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. Civil Action No.: 08-2265-CIVIL TERM JO A REICHARD Defendant PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By: JAM E BRODT PA WE J BERG & REIS CO., L.P.A. 140 ing 436 e P itts 9 (412WWR #5790458 .C' 1 0 ':1 G -: n -c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT , PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. JO A REICHARD Defendant No : bg _ A(AS 0,1v I ( I L°.f' M COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmb#odt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05790458 C N Pit DKB i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. JO A REICHARD Defendant No: COMPLAINT IN CIVIL ACTION FILED ON BEHALlj OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmb#odt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05790458 C N Pit DKB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION i CAPITAL ONE BANK Plaintiff VS. Civil Action No JO A REICHARD 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 tondo 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. Y u 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: JO A REICHARD 5510 SILVER CREEK DR MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXXXXXX4905 . 4. Defendant made use of said credit card and has a current balance due of $1392.56 , as of January 02, 2008 . 5. Defendant is in default by failing to make mc¢nthly 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 theirate of 27.740% per annum on the unpaid balance from January 02, 2008 . A copy of Plaintiff's STATMENT is attached hereto, marked as Exhibit "1" and made a part hereof. 7. Although repeatedly requested to do so by Plaintiff, 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 , JO A REICHARD , INDIVIDUALLY , in the amount of $1392.56 with continuing interest thereon at the rate of 27.7400 per annum from January 02, 2008 plus costs. This law firm is a debt collector at our client and any information obtai James C armbrodt,42524 WEL EINBERG & REIS CO., L.P.A. 436 S ven h venue, Suite 2718 Pitt bur A 15219 (41 ) 43 -79 5 F 41 -338=7130 0 904 8 C NPit DKB em ing to collect this debt for e will be sed for tha purpose. rN Slef rip to 5x fas?terwith a FREE Accelerator forfba frtat f2 rrro ete-a stro ralttar 1-888-587-9669 Mention Offer Code: COIN Visit www.peoplepc.com/go/coin PLATINUM VISA ACCOUNT 4862-3625-4008-4905 OCT 28 - NOV 27, 2005 Page 1 of 1 Account S,mary Previous Balance $931 94 Paym n Credits and Adjustments . $ 00 Tnnstctions . $29 00 Finance Charges . $19.82 New Balance $880 66 Minimum Amount Due . $88066 Payment Due Date December 27,2W5 Total Credit Line $500 Total Available Credit $ 00 Credit Line for Cash $500 Available Credit for Cash $ 00 At your service To ca Co - Re ad- 't. report a lest m stoles [aid: 1-800-903-3637 For fie: online account sevicc said spend nutomer offer, Jog m to: -aotal-eom Payments, Credits and Adjustments Transactions 1 27 NOV PAST DUE FEE $29.00 Take control and pay your Capital One credit cad bill online for lam Eliminate the hassle of writing cheeks, finding stamps and sealing envelopes. Everything you need to access rniew and pay your bill is available online. Our Web site offers you a convenient simple and sear! way 10:2 nage your account. Visit wwtv.capitalone.com and register your account to start simplifying yolife today^. As a valued Capital One customer, you are eligible to receive a free Year-End Summary for this specific account that recaps your 2005 charges, provided your account is in good standing and you have made transactions during the calendar year. Please call 1-877-794-4487 before December 34 2005, to reserve your copy for this account We will begin processing orders in January 2006. You were assessed a past due fee of $29.00 on 11/27/2005 because your minimum payment was not received by the due date of I n6/2005. To avoid this fee in the future, we recommend that you allow at least 7 business days for your payment to reach Capital One. Send payments to: Send inquvia tot °t Aim: Remittanee Proon n, ?IQI F Capital One Bank Qpital 0- 6? F P.O. B. 7N216 P.O. Bra 30285 St Louis, MO MO 63179-0216 SLC SLC, UT a4m 84130-0265 F'mance Charges PlCd[J4'rerKrtl flefrfor [mporfa"t I.f.attaA Bd ire spJlalb Pe.:odt tee Co..eys[[L[t R-g PR llASe M PURC E CASH ss4L39 too .076ao%P 07600%P 27.74% $19.62 . 27.74% s.w ANNUAL PERCENTAGE RATE applied this period 27.74% PLEASE RETURN PORTION BELOW WITH PAYMENT V CapifalOhee 0000000 0 4862362540084905 27 0880660000000880662 New Balance $680.66 ?L°c1R1ir t °?"et mrd4rf-snel dn[aa bile-mad bbA wbl:k is! Minimum Amount Due $880.66 Payment Due Date December 27, 2005 see Apt t Total enclosed $ 6g Snoe 21P Account Number. 4962-3625-4008-4905 Home Phone Altera.tc PMne EnaO Addren Capital One Bank P.O. Box 790216 1 r 1tr 11111 rr 1111111 111 St. Louis, MO 63179-0216 Irllrarll,nrilirtrl6lnlltuul[1ur11[11tnu11tfiuIrtisI peoplepc- online u A better way to Internet. o ow ?m $90331096629365188 MAIL ID NUMBER JO A REICHARD a 5510 SILVER CREEK DR MECHANICSBURG PA 17050-1961 INTERNET ACCESS PeoplePC Online offers the features you would expect from higher-priced Internet Service Providers, including: ® Virus Protection powered by symantecrm Pop-Up BlockerTM Spam Controls 400 Smarter Smart Dialer Technology ® L More Email Addresses 4sw (S Internet Call Waiting r 5qq O?Q Xwe invite yt a,c wv "[ember m yosv cbwk a money cider mode ffayabk M CnfiW One Bank and mail in the enrAved em[dupe peoplepc- online u A better way to Internet. 8 0 N N O Of t J, O N pN UNLIMITED INTERNET ACCESS nm& 1-888-587-9669 MAEF Mention Offer Code: COIN Vsit www.peoplepc.com/go/coin f-1 aDd m rot addaad r b r o Ia one fees nil p oui le ehdota or Pleawitim, (tithed by the rapecpye '4" N any of-dtrcl or atrvice afeWn here. Any tradxnartcy nYatdard t-ekt are 30* about YOLT" to ft cmpay Prowboa ftp W-V t0 xa ° y0e -W bit comnKeiea6ny jpT atoom %®npk, aloe ym You a are a 01I One Ia mtstolreC lricingre are billed r $4.97 pr mmtN 59.95 per mong threaReC Obr amiable to may time. Khan eat. of a31 Y- O F1191, and may not be redanred ayyl any other obey. Offr.". m iy-rge • ar+Y tachnica support ridable for Sim Par miniae. 1AODL*ator K Lee for 12 nmobt O$r good for imbed tine. Aber the tie 12 monde, 1M AecMrawd red mvice thN omaiiiaaM fern ID the aW d d PWpWr 0,*, aervicn obr aubjxt ID a C pe ate AdO'26 pie and graphitm we Iwd fear Wien aonpelsd to M?? ? may ria. pC Onfine Actelraled Is only =TPebts lift prplepc D" h -* t-dbe and macL sPadked Witidthtve6 broratimrs. F'IepWC plepC Otifale Acctirafed is no rofnPai, acid WmdDw* 95 with E 55 SP2. S11I not meW* in d ate-. A-c-UM taxes. end aihrbes rd reabieiiorre my'aPPhc Tebphale fad ahrgas may aIIPN. scan d drilgLIY prfOda ltat r! fmporitlGa fa dafalflMllllg MW-a Caul I'D ON Of as aaae86 maMre ve rabW ? PaI Omaa?bm. m rr?? fDlsfleaDt ut Proad+a igfrrsd Al p-k use is pa.l?? s?,Led-nBad A4arnart and AcosdffiR Use Policy. 58K c be mexnean Valid of arrI aped Mad Onilet srvbn May my red other cone. Al Rights t rigid. p C Mae and III, bgos arc Iradrrmnle I PeopkRC in gr US. 62005 Capda One S Mcm kr- CWW One is a bdrdy reghwW tetvice mark. Ad rights rosrved r - a hew have • mFYmnan pace period o/ 25 deya wnyfT firnernce cir?rys on Cave putdnaa, crew Manic 1 , l R Parfcanaaa sne IrW Whet Cr i narwac rne. I o -brain the avenge dray belenu Mr the beta- pence covered by the E-'N" n, ear wk. he 9nnrm enh day w p e ° ? ro ! M a Wan secsux If h ha Clawed Y been doad fa • ? a Wrdee! mp- a mpdyn d et 1 you p apes t you Wv Vale total 'New Bnarce', in a ri , rx-recipe rim the nponam Notice for Pamens below . tr a ny I1eW a e q nw ?[ or tmMits. IH Ih coda N aro r6tuct aM. eymrps aPp_ on ter inorr of pth an W retaiyr aRer Wur alcpan has pr 1mm merCrrt dew, ;_11o utas vrr W f , for T IT who he. i, crWled by year War anarrom tio s,ip Gte. gfau period m cash and spedal tn f e Mran apron to 'llalaros Rne Itppaed 70. we aim Y unpaid Murnu rherpe incl ded in the balance ofth ol ••,•?• , frrspard , aM y-ywou"wB ?'? w#1 be addK ID Wr accq+Klit . fe+Parlble for P°ym.m, n ileac M a ann p m m any aramacrton tl ers.Y do d nor ,,he, groal?rN?awPafnd -alanu.' aepr ten " g1iq NI nth daay balarrs of "Ch . {!cry • ddY for each --W- 1a the blrGn ri d srrm arahip 1o+ scpan. the tee wr to be drape lda'm the enem ° aeon- bN Pemd[ted by 4w, uiW the p pe o and dude b. A-r kV F- e Charge aub)ep to a . Trar.ctbna Wash rte na I I n l manta of Wye . de bi by the opal ire War hl ping perioe. The gitrcs ua The Y +nce of e-h seQ- m the data n the date of the rracjion or ) ho ararafneactim is pro -wd to yorr Acnburrt or 31 trim Inc firm calendar day of rfr ewrmt A,' dod Add i - 3. Marcel y,relm ape Raa IAPR). 'The tern 'Amutl Percmtaye pate' may appear as APR' m the Iron o1 rhea tement n," 1- n onaay, if yoI dd rat pay the •New Batanu ham tiepin- period in are finer- Burgs poritkars the i . b. It the ceoe p I -Z L 13- . . UBOR), C ICeni &:ate of Deporq, or 9 IBarnkum Prime) e ro ccne to yyooww mwld bilI will the tahpaid 6:=i. TNs nteana that y vile in fW, e ven it You Pay dr main Ww 9Wa nr ,Anted M ?" ppeen m he tats of 1.2 nnenrm next ro th petlodic npW. dr pectic nee and tzar PERCENTAGE RATES meY vary 9uanedy I MITI ma e m s 1ra Wur nnamem by tar arxt swl-WTc tied, dew, but rid rot do a for th p.We. month Unpaid atnance cterges ,n dd d eaae or d.? b ased de smee iAtxa, as loud in 7% Wei SriarY Jm Plea the margin icially er a e '0 0. spplica" aapnem of yotr Accomr. t c. aa,niaran F6ap- (mire, For adn billing period th r ht m ry Y by rJwgea rml Ixwared be fbp period by your Ped-dk staar Vona aceeun has a Amt to a ar-lae Charpr, • m,imun tar RNANCE CHAtpE of 80.50 air be t t h l nrm Inc n ma ro- Jafaary, April, July and Ono4r. c- N the txee D 1Pdme), F 11 -rave. LIBOip a G p too arrrin er iedrape rear' ham ter aPPdnol y g - f'ls) is M- Chap 10.50. n-e war rubtran than am t +so. LIBOR Rapdrod M=.=Y) m do from of Wur ?101rrrp rite to n re The m NO T oisr ram the 80.50 mlNmen ni0 de dlfemnce wr be heed to the paahaae s?mtas of Apr accpsr. te. T "Y i F' w anu conaappArp AWA/AL PERCENTAGE RATES may sry arnmarly aril may Inelan a gatiase based m th ed r 10 1 a ? n nrr! ChrM• We teaewe the °'k?: any q M prance Bargee 1. arW ptvm s, as faaW in rim Z Wit Saaef .AOVpaG pie a riln 1-W0W1y 6WOeW W you, 7lrese dnrr e W R _ 2. Avmape Devy, Baba_ 1ateFtdYnp yew s. Rtartca dnsape Is caa4tse b antse l , p s v be effective on the fine dayof Your 6iTaq Peeoe each month. a. Aire rk Late (venom t y p y ng the da babnce of adn aepnem of your aecpra (e.g.. ~a11 , and Rtaatnee POP-* Face. eur +ccornf rq bar ....it we arnpe that time of the fees Yh he. ill. pm y and V da7y p adedc N th. P. b?'een Y diadond to you. At nhe end a ' =- or v t ari n em we tessns dr npht to -q' Mae v N *t sdh Wy dune nrnpp the billing paned. rve apply the ewy psdodp ma for ach aeRfasm of your aceoira ro air S r nene Pray md ID you withim enhbg - rips to Gana Ih acme Or ift r n • Istsr alma. aRfnenh[. Thin n th and of the billing vnadd t Period. the carats of Bra Wiry CF!:dh apnea t err W amve n W W h'f9a b aa ' p i . Year Amount. Ii a msmberahh(p /ar appesm m die from of tea anerrrere, Apr have 30 ft. ft little :Z s Ye . e am Ip the eana rem eadn Murnu tdrrpe Mf rjatx]O aram70 n the teal yparbdc a basn m wu ro ying aM to ha Pa wrdh if You eying Wen e " to umft i ro 'a belarntx Inch oapnWu'ps mmayy t apfYhifhp ro Pay the man 'DPnldpM In'ee,Tpryn whhm mr and any Peeled c Taenee Urrge calaaatad m daY s habrtn br that aspman. We aL[nifire n w'f01' s or erode o pit d , 1Ti .- noety n by u brng ire Cue q er ru rht- y New flNarce' In Romeme IIA (lerdnndrip 1errrd ;; b' D pe 1. Ih n of Bet day drt aro Mbuted 8 Ip "Ch apmmt your atxpm. Noa'p' a it v ? e / Yoe aid h - . u pese Yan.PA e • ya nn rID'piudado Wuf atxpiytt by caldrg aw Cuaomer Rynlorr p t e balinc?e ws:eropo radrt a' in newlor trannftip fii Dep,ftmmt. Yw Wawa dearoy yip credin aN[a) and eupr atzea checks. until are PreaWedaa and t r w dl pat ID Ymr pitrdep Or Yn aide- to th dN tl We ulpsne th"?' a A ' cean'a. ype .000811. if yes do not o nruipt of dygr'q anafnpemass, we wr core Wder sit , ft chilly ring anu- by milling msb. 1V d.ns Mao her are drilling the by Will g cyd. d To c 'he aceaup. Addna lyY. V. a ..: dotad you am verawyle ? Y L me?Wbuyr lo ? WiFnlyne?' ddordr =P- a mthr of e 611r Wlk^ tn iwc tlae YOU M pd1oWM, R rce??4 + pam af+ffam te f"' ' n er ? p Y a ==1 Detwesn mfr ralWnlan aTa ora a vsr nn My iM a a1M M sa i aaaaan. Y... neaporWre for th Wn d ,a finance d.70 nudy, etasasd. b. 1f tine code or aN a aw amwnta t11e1' appear on V~ acconan n 0. rime raetler to dom the r'm° r W ppaan m the him of this nnempu next to nance Rate a raw daily hl 'Sppf1fd To, we miseply Ih -_r; ems' aomrn n. ..,... ...,_.,.. rule aPPSadrq on yaw apa.,..n.. dested 7 Ilskng rwYaw a=% bee been caper eaerot b _ r utr or thy "1 iurmd rt ge prad 1 epreat to dose th ac Y ratan. TNs maY rsnat in used it, carer. rn memn tympana nceara e. her" Abet, EMNanie Oeet c- w?: m :=V- Provide a deck - payment, rm trurha&e r to niomnion trim Yea check to make a one.dme eberrmb lend Ir _asrrom your bank ,cixrun or to proceaa the paymem ! dreck ,,nnion tNThph v+e use 1MOmanon Inim your deck .'I Cart erecrrm}c Ineathe Ford ,lops mey be widajw_ from Yew bank Circe,,I a a aim u de same Wy v.s morve your ve rw r &,arnad., wtF i.1 waive vow` tuck beck from BIWNG RIGHTS SUMMARY IIn Gee Of Entire 01 Ouepione About Your Be0 R Ypt din, yate hill M wain-, a H Yaw need mare vnfprnatipp m a tnnaanron a Dal, wake ID !rPrrats eien ss sow as pof 1w. nnatarnrat. We men the aides for bar r m a hear f from shorn You no I eap than ter irrq 01 the !op days Cher rr earn You tlr firer br m vdhidn the error ofoblam appaamd, Yau urn ua tee flaorrner Rain irme comber, but doing a wN rot edomw Yots dies. =;7=-=- Wn brier. Rive to mr Wenan- rm -=, anvotatl of drf? aranapaci ===- H pesrble, of V-bell a = Is ft barn trod same Infearearlonn, a dear Wdm of you era unwee shoe, a mo You do - has ID fry any ua in gLmdm wore ire arc 9rr ahbligaNtad %eY the pane ofyow tFj in:a rim resort Yoa a dillrnparm iyour Prnim, ear Torn- or Take •mant You f W anon to txhn the -.t Spade! Nnas For Credit Gm Purduaa N yatn have a problem vv,h tpefrcy of property or ==,M you pnnehsat with a cnadt um and Rood Mich ro marten the Pfohmt wary die ae 50.00 and rdem, You may hnrthe dam not to pey tlw ranair: amour ?n ord th ProPertV p aMCa. You Ieve d:a fro -y warp the --ilea - was more than 50.00 and the wdun was made in you borne state or Chan f 00 mils oI yip making adores, rat we own or operate th mertiwn, p if war maibd War th ,dvieenniaanaa 1'p the inepany or cervices, sir --Berrrepolair a P"-- --nerapendence t Dae, pot -A* to convener eon-reedy con, +ccwara r Dula cep apply to h-reess cart--at card -11w, Cephat One pppprr ,nbmnion pd`nr" prpediore see our rehaite n vwWV.upllalml.tSm. Once Finlnde C federally r°ginsred -I ..,it of caphal Capital One orpenalion. AN right- re-r-d. 0 2003 OILGLBAK `Yewnaomp'eNard f2lofh qP'n Cary oiler bmtzpas 'piotxai omta ei 3vv! receive,, pmvi?lgN ,lbw n? POnim of alma nnemps am Wur drek Npema rapivee?phy ? ?w Pgef b? fir by P.m. ET i12 atom epee, WMr efp etc rden pfeW',rp yax Were W the W n! rscdve them. Our buainea Wy anaMaW15) bteltlea W ya Tp -stet dellvpy. ,etsux for th amass e1 eh Cheek. This wthda,dm aPPks M d Backe recpvT°Yad euMp de N?kii. Yotn eudrdce ue to m.k! , me . r dn'pNh snurmr, exdudnp Irpeeya: is to mob a Berge a0eirnat yip bank ecwue erne deetrornic [rersbr debit yept ienk is,ip th Bane,, a papa crab or otter hero. ? cycle evm N Cam by aonrraore sin. M vve urret -aortae dr t 1al ,App e11tt?e VERIFICATION CAPITAL ONE BANK (USA), N.A., successor-in-interest to Capital One Bank vs REICHARD, JO A 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 (USA), N.A., successor-in-interest to 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. JAMEL y Notary Public ARYONNE MABSON NOTARY PUBLIC DEKALB COUNTY, GEORGIA MY COMMISSION EXPIRES OCT. 29, 2011 4862362540084905 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. O 00 0 J 1 :? rv w SHERIFF'S RETURN - REGULAR CASE NO: 2008-02265 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK «,. VS REICHARD JO A SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RRTrWARn Jn A the DEFENDANT at 0839:00 HOURS, on the 6th day of September, 2008 at 6314 SALEM PARK CIRCLE MECHANICSBURG, PA 17050 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: Docketing 18.00 Service 11.00 Affidavit .00 Surcharge 10.00 00 gJuIOct ? 39.00 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 09/08/2008 WELTMAN WEINB G R S By. Dep t heriff A. D. CAPITOL ONE BANK, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 08-2265 JO A. REICHARD, IN CIVIL ACTION Defendant PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the defendant, Jo A. Reichard, and files these PRELIMINARY OBJECTIONS TO PLAINTIFF'S CIVIL ACTION COMPLAINT, and in support thereof avers the following: 1. Plaintiff is Capitol One Bank, a corporation with offices located at 15000 Capitol One Drive, Richmond, VA 23238. 2. Defendant is Jo A. Reichard, who resides at 6314 Salem Park Circle, Mechanicsburg, PA 17050. 3. Defendant has not resided at 5510 Silvercreek Drive, Mechanicsburg, PA 17050, as stated in Plaintiff's Complaint, since February of 2007. 4. Plaintiff filed its Complaint on April 10, 2008, alleging that Defendant made use of a credit card account with Capitol One Bank. Plaintiff's Complaint is attached hereto as Exhibit A. 5. Plaintiff claims that it is owed the alleged balance on the account, as the alleged original creditor, and demands damages in the amount of $1,392.56, as of January 2, 2008, in addition to continuing interest at the rate of 27.740%, plus costs. PRELIMINARY OBJECTIONS PURSUANT TO PA. R. CIV. P. 1028(A)(2) (FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT) AND PA. R. CIV. P. 1028(A)(5) (LACK OF CAPACITY TO SUE) FOR FAILURE TO PLEAD AND ATTACH ASSIGNMENT Paragraphs 1 though 5 of Defendant's Preliminary Objections are hereby incorporated as if fully set forth herein. 6. Plaintiff's Complaint is allegedly based upon a credit agreement entered into by Defendant and Capitol One Bank and has attached a "Statement' 'to its Complaint listing Capitol One Bank as Original Creditor. 7. Plaintiff's Complaint is signed by James C. Warmbrodt, of Weltman, Weinberg & Reis Co., L.P.A., a debt collection law firm. 8. Plaintiff s Complaint is verified by Jamela Singletary, Authorized Agent of Capitol One Bank (USA)(N.A.), successor-in-interest, to Capitol One Bank, Plaintiff herein. 9. Capitol One Bank (USA)(N.A.), is not a party to the alleged agreement between Defendant and Capitol One Bank. 10. Pursuant to Pa. R. Civ. P. 1019(1), when a claim is based upon a writing, the pleader must attach a copy of that writing or provide explanation for its absence. 11. To the extent that any agreement pertaining to the alleged assignment of the account is written, the Complaint fails to comply with Pa. R. Civ. P. 1019(i) in that Plaintiff has failed to attach to its Complaint a copy of any written agreement showing the assignment of the account from the alleged Original Creditor Capitol One Bank to Capitol One Bank (USA)(N.A.) or any explanation for the absence thereof. 12. Therefore, Plaintiff's Complaint fails to state a prima facie case that Capitol One Bank (USA)(N.A.) is a valid assignee or holder in due course of Capitol One Bank or that it has lawfully acquired any rights, title, and/or interest in Defendant's purported account or debt or that Capitol On Bank (USA)(N.A) has any standing or capacity to sue Defendant as an assignee or holder in due course. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff s Complaint with prejudice for failure to conform to a law or rule of court and lack of capacity to sue. PRELIMINARY OBJECTIONS PURSUANT TO PA. R. CIV. P. 1028(A)(3) (INSUFFICIENT SPECIFICITY IN A PLEADING) FOR FAILURE TO PROPERLY PLEAD ITEMS OR TIME, PLACE, AND DAMAGES Paragraphs 1 though 12 of Defendant's Preliminary Objections are hereby incorporated as if fully set forth herein. 13. Plaintiff claims that it is owed $1,392.56 and attaches as sole support thereof a "Statement" purportedly showing a balance $880.66. 14. Such "Statement" fails to specify the Defendant's amount, time and place of individual credit transactions making up the sum of damages claimed. 15. Plaintiff fails to sufficiently specify the type and/or amount of the alleged debt owed, including the amounts and dates of the alleged charges, the amounts and dates of any payments made, the amounts and dates of any interest charges, and the amounts and dates of any other charges. 16. Pa. R. Civ. P. 1019(f ) requires that averments of time, place, and damage shall be specifically stated. 17. Plaintiff's general assertion of damages thereof is in violation of Pa. R. Civ. P. 1019(f) and renders Defendant unable to properly defend this action. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice for insufficient specificity in a pleading. PRELIMINARY OBJECTIONS PURSUANT TO PA. R. CIV. P. 1028(A)(2)(FAILURE OF PLEADIN670 CONFORM TO LAW OR RULE OF COURT) FOR FAILURE TO ATTACH A WRITING Paragraphs 1 through 17 of Defendant's Preliminary Objections are hereby incorporated as if fully set forth herein. 18. Plaintiff bases its claim against the Defendant on a credit agreement creating the account between the Defendant and Capitol One Bank. 19. The "Statement" attached to Plaintiff s Complaint purports to represent Defendant's account, but is of unknown origin and authenticity, is not a credit agreement, and is not signed by the Defendant. 20. Plaintiff has failed to attach any credit agreement or application for a credit agreement made or signed by the Defendant. 21. Pursuant to Pa. R. Civ. P. 1019(i), when a claim is based upon a writing, the pleader must attach a copy of that writing or provide explanation for its absence. 22. To the extent that any credit agreement between Defendant and Capitol One Bank is written, Plaintiff's Complaint fails to comply with Pa. R. Civ. P.1019(i) in that Plaintiff has failed to attach to its Complaint a copy of any such written credit agreement or any explanation for the absence thereof. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice for failure to conform to a law or rule of court. PRELIMINARY OBJECTIONS PURSUANT TO PA. R. CIV. P. 1028(A)(2)(FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT) FOR FAILURE TO PROPERLY VERIFY PLEADING Paragraphs 1 through 22 of Defendant's Preliminary Objections are hereby incorporated as if fully set forth herein. 23. Plaintiff's Complaint is verified by Jamela Singletary, who is identified as Authorized Agent of Capitol One Bank (USA)(N.A.), successor-in-interest, to Capitol One Bank, Plaintiff herein. 24. Under Pa. R. Civ. P. 1024(c), a verification must be made by "one or more of the parties filing the pleading unless all the parties (1) lack sufficient knowledge or information, or (2) are outside the jurisdiction of the court and the verification of none of them can be obtained within the time allowed for the filing of the pleading". 25. The verification of Plaintiff's Complaint fails to conform to Pa. R. Civ. P. 1024(c) because Jamela Singletary does not appear to be one of the parties filing the pleading, nor does Plaintiff allege that all the parties lack sufficient knowledge or information, or are outside the jurisdiction of the court and the verification of none of them can be obtained within the time allowed for filing the pleading. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice for failure to conform to a law or rule of court. Date: C/P 3/ a g Respectfully submitted, B y o A. Reichard 6314 Salem Park Circle Mechanicsburg, PA 17050 VERIFICATION Jo A. Reichard, hereby states that the statements made in the foregoing Preliminary Objections are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A., 4904 relating to unsworn falsification to authorities. Date: I a 3' a 4 c o A. Reichard C ca +7 C tii (j 27 ? .. ? crr . S3 -c 11,11) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. JO A REICHARD No: b$- o't&S 0-,+vil (eeM COMPLAINT IN CIVIL ACTION Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmb?odt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05790458 C N Pit DKB y rwhe n',14 unto Set, my harj of said Cam g Cgs, pa. Monr?t Fx. P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. JO A REICHARD Defendant No: COMPLAINT IN CIVIL ACTION FILED ON BEHALF' OF Plaintiff ' COUNSEL OF RECORD OF THIS PARTY: James C. Warmb#odt,42524 WELTMAN, WEINBERG & REIS 436 Seventh Avenue, Suite Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-713'0 05790458 C N Pit DKB F >4. A i CO., L.P.A. 2718 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION l CAPITAL ONE BANK Plaintiff VS. Civil Action No JO A REICHARD 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 tondo 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. Y?u may lose money or property or other rights important to y8u. 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 I i Ey'. ?N 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: JO A REICHARD 5510 SILVER CREEK DR MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXXXXXX4905 . 4. Defendant made use of said credit card and has a current balance due of $1392.56 as of January 02, 2008 . 5. Defendant is in default by failing to make minthly 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 27.740. per annum on the unpaid balance from January 02, 2008 .,A copy of Plaintiff's STATMENT is attached hereto, marked as Exhibit 111" and made a part hereof. 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 , JO A REICHARD , INDIVIDUALLY , in the amount of $1392.56 with continuing interest thereon at the rate of 27.7400 per annum from January 02, 2008 plus costs. This law firm is a debt collector at our client and any information obtai James C armbrodt,42524 WELT EINBERG & REIS CO., L.P.A. 436 S ven h venue, Suite 2718 Pitt bur ?A 15219 (41 ) 43 -7955 F 41 -338=7130 05 904, 8 C N IPit DKB em ing to collect this debt for e will be sed for tha purpose. £x. R peoplepc- online A better way to Internet. Surf up to 5x fastertlm d FREE Accelerator for ft first f2 morttltst-a 460 reaped 1-888-587-9669 Mention Offer Code: COIN Visit www.peoplepc.com/go/coin ®?c 0Z?3 UNLIMITED INTERNET ACCESS PeoplePC Online offers the features you would expect from higher-priced Internet Service Providers, including: Virus Protection powered by syrruantecr" ® Pop-Up BlockerTM Spam Controls Smarter Smart Dialer Technology More Email Addresses ® Internet Call Waiting Czq2f fat( lW* 'lccotmt Suni i :Lry _ 'r ,&us I?alant $931.84 'aymenv Crec its and Adjustments $.00 I ra vaic ns $29.00 imiarx Charge. $19.82 4ew Balance. $860.66 Minimum Amc nr.J Due $880.66 Payment Due L :er;: December 27, 2005 Total Credit Li!e $500 Tonal.Avraable Credit $.00 Credit Li for Cash $500 Available Credi-.li.nr Cash $.00 iii your "Mc :-o ed Cusio ;3,rLrioro or to report a lost or stolen and 1-800-903-3637 f'u Ga online ace:,unt rnvioe and sped rrutansc oHm, log on tn; ,.wW.apinJmcco,. S:-d PsTmosu to: Swd ingwriss tw. !am: Remittance 1'--ing Capital One Bank Capita[ One ?.O. Boa 790216 P.O. Boa 30285 lit Laws, MO 631718.0116 SLC, UT 84130-0285 PLATINUM VISA ACCOUNT 4662-3625-4008-4905 OCT 28 - NOV 27, 2005 Page I of 1 Payments, Credits and Adjustments Transactions 27 NOV PAST DUE FEE Take control and pay your Capital One credit rand bill online for free. Eliminate the hassle of writing dads, finding stamps and sealing envelopes. Evcydling you need to access review and pay your bill is sa-Zable on fine. Our Web site offers you a conveniem, simple and secure way to manage your account. Visit V-.eapitalone.eom and register Your account to start simplifying your life toda)^. As a valued Capital One customer, you are eligible to receive a free Year-End Summary for this specific account that recaps your 2005 charges, provided your account is in good standing and you have made transactions; during the calendar year. Please call 1-877.794-4487 before December 31, 2005, to reserve your copy for this account We will begin processing orders in January 2006. You were asemd a past due fee of $29.00 on 1112712005 because your minimum payment was not received by the due date of 11/26/2005. To avoid this fee in the future, we recommend that you allow at least 7 business days for your payment to mach Capital One. DROP $29.00 Finance Charges Plemriarevas i de jorinforrars es r i n nioorm tio m Ito w e ? o P? C dPR?g T Ly yw tp l:tfAK?Y. ° PURCHASES CASH 594139 5.00 .07600%P 27.74% .076W%P 27.74% 519.92 S.00 ANNUAL PERCENTAGE RATE applied this period 27.74% ? PLEASE RETURN PORTION BELOW WITH PAYMENT ,?1 ?? CapftalOne- 0000000 0 4862362540084905 27 0880660000000880662 IQew lials tax $880.66 Minimum Amount Due $880.66 Payment riuc Date December 27, 2005 Total endured S Account N umber. 4862-3625-4008-4905 Phsrprnsf maifne da- -& rme fry seta k ruin, bhsr w 161.1 isL Sons Apt t GO Sesu ZIP Homy Ph- Alsannq Phone 990331096629365180 MAIL ID NUMBER Capital One Bank JO A REICHARD I? P.G. Box 790216 5510 SILVER CREEK DR ° MECHANICSBURG PA 17050-1961 St. Louis, MO 63179-0216 Please rsRifr yasc arcrosnf mumbo sin yoro r1xcF w money ordn made ryable to Cafifal Oru Sant and mail in the rnclwrd envelope F 51q 04 peoplepcn ? A better L , INTERNET ACCESS 1-888-587-9669 Mention Offer Code: COIN Visit www.peoplepc,com/go/coin PsoplsPC is so* responsible for thin offeL and Is not aMaated trill, Caplet Dne. Capital One does not provide, endorse a guarantee. and as not a rioted with. any product or service sham here. Any tratl?nxfs mentioned herein m solely owned by the resperiivs entity. AA figs ,served. By responding to this after, you may be conylnatieatitg infomtalron aboul yourself to the covelpaly thud prm%ds ft product - for example, gal you are a Capital One custom 'PeopW Witte Fast 3 trait m biled at 5497 per month, 5995 per moth thersaha Otter avallable to new dial-up subscribers of least 1S yeas of age and may not be redeemed with my oher offs, Offer subject, charge td any tine. Phone technical support WAS* for $195 per mi0ula tAccelaamr s free for 12 realer Offer good for hilted time. After the lust! 12 morals, the Accelerated Service TvIU &"rJbC* oeYdt to the stmdad Peopkf C OrtAne SOVIM OIW $ubject to OMW at anylmre. With PeopiePC INS. Accelerated, certain Web page text and graphics WE bad taster When compared to standard 6akip bdwW swam Actual 1'mlas may vay. PeoplePC Online Aeceleated IS ally compatible veM PeopiePC Dldlne interne! service and sped7ed Windowsd6 browses.PeoplePC OIIRITe Accelerated is rot co gabble .4h Wmdows6 95 with E 5.5 SM. Service not available in an vises Access fee; taxes, end other fates and restrictions; may ropily. T*ovm toll drags may apply, even during trial periods. You m responsible for detmnkdlq whrahaa call to one of our access melbas Y A mug in telephone toll charges. Aces may be rmlled, especially drngLrr? of peak usage Dial-up nernbers maybe changed in PeopNPC4 d.cmbon. Codmom use subject to lrneout procedures. At use IS ten W to PeoplePc Ordrre'a Services Agreement and Acceptable Use PaE3'.56K is the maximum speed of Samoa: actual speed may wry . Q 2DD5 PeoploPC Inc. N Rights 1 . PeopcPC Onfrre and Its khga are trademarks of PeopsPC in the U.S. and other combries. 4 2W5 Capital One Seragn, Inc. Wdal Om Is a federally regiVaed Service mark AA rights reserved ten. Is- prod. You AN haw . rain!- arm periodAt 25 drys winhorranee h.,r - mew immc ..I, balance 1»nssr, new sgdal pWie - and new other scmMann vdM xlt nom NodeeSNorT ay in d below, and in tine for it to beeccmMed by year rma nanormad oskg date. Then s - grace period - cash adwnces ad spsdal imnslar. N addition, them Is ne gram period on any trruion if you do rem pay the tool 'New balance.' It. Am mui g Fe Charge. Tunsaalons ridh an! nit subteen Ica a yam Period pro assessed fiwhce doge 1) Iron the date el the orms-lion or 2) ham the date he transaction is processed to your Accord or 31 front the lira calendar day of The content biN'eq period. Additionally, N t1d rho Pay tha'New Balance' from the prarfan ng period li kA, M1nada chages corirem to aecnhe to yens -paid balance udA the uimid btlaTce is Paid in hit. This wse?rs that you am Ads owe fs,alTm Wrgu, awn it you Pay The aria New BYarhm fidomd m tlhe Irad mr your stateeam by the and sl.temrr, riadrq Steve, but old nit de AS I. rte P.14- Tads. Unpaid iann charges ate added m the ta{lrtern of yens Account. c Mktkaw F Far sends ? t your aceoTad ni swpas m a ece dT. n, rntriuun lade scg% QIARGE of $0.50 wA he Imposed. if The teal iarTce d,otgo rttMing from the appacedan of your Pa. rataW h Nss Van $0.50, wen .A sd et tm mostad from the $0.50 minhmao and the Offence wen be bead m the prtfiw Nprhsd of Tar aaaud, td. Twsryraeay, Redirection I, F-- C arga, We mxne Me dplw Nperodotda- eny AT as fee mere charges for arty ghwn 2. Aurga May B b- II I I - New P.,W-1. a. FYtATtce Ueoue Is caludetsd by mulddNm AN Climate S 0 N 0 Co i To N btV by ITS eatxPoft I doily pArltwte rule that h- berm pmv*r*y dsdoud to you. At "Ter NO a OKA day dustsp the hafkll period, we apply as My parfeefc sass for ads eepwad at your accome m the deb1=1, ne ot mach soared. Ten AT the ared al den 4 v+s add hq ,he taacl, of Vex Mp edaanhns to ardor a Tar P.= faetm chn. fss' xdh -post. We meld up 11e rep . New each -peon a ,rift a the teal prlodie hmatce tdaope for yea accetat. To gat Me dMYy imbance tin each -proem of your Accord. me take the b"Is 11, g balance lot each wpxm and add Any raw 1 raataL0 and any pyetfedc Arran. charge calculated m the prarfos, day. be for that xpnat. We Sherri aasmn pry Payments a crdts Pand as W diet day that ar agomted ra ha,?w. wN. ghee w the sapms ddy balance New am- shown So year pmviooarmarow you M I., if yw new balann was faro a A aldt amww), maw ...rem .ims w on prat m yaw parch.- or sprmw We Purchro Statements am red added to ft My rreser. C-ic stem do storage espy basree by adsnp a Us daily bosuns Ttlgaher oft dnldmg rile vise by dw s ndaw of it- days In ft oaem baiq cyee. To dodge you mead fnenee large, mddplY you ahrerage dry lalaen py the dagY does. acct by ITS rantber ot Myer n den b '.*g pie to roundmhg on A daily bass, der maybe o sap'e -ease bel.emn *is calculation em den emoue of fawn! Charlie Ackrlly .-..d. h. If the code Z or N app-. m The from M this aate ment next 10 'Balance Rao Applied To,' wen amhloly the Pa..- rate. t o poem tin average any metarres Tor tne bWVrNiperiod -red by this Aersmmc, ws sake ale vadiwcrlo m, esd -ginerm each day. add any of ... IT ells. (H the code ea e n p., and Subtract amy vne- w ,.. appum on the free of It" man. Ten N 'SalatTTS Rae Append To.' we aso at6araa any upmfd finance charge included iIT the br. of each xgmarc.) This Biwa us the daily bela,rs of each a.gp . Then, we add up as the deae bah n for each lgmera for pie blNng period and di by the teal ,e.Mer, of day. in he baling period. This Owe w the .-rape May halm- of each seram m. 3. Amual Prcrdag! Items IAPRI. a. The term 'Awed Panmspe If.'*. may aX-' as 'APR' on the Irene of IN. r.1. b. It In. code P lPrimel. L (3-mo. 1.1801111, C IC.nifcam of Depends), or S (Barkerd Prime) appears on the bore of INS aaanem nevi to the pro odc rely, The periodic ,.I- ad conupohd g ANNUAL PERCENTAGE RATES may, very' "..dy and may hhanx AS decease based on the aaetl indices, as found in TAe WM Sweet -%...at Plus The martin Freviady :=.Y you These vat Rat etfsal- on of your ballrq laded _=b eemd W Wur DaAodc Ioannina adrq in den monde J-,V. April July and Oaeber. c. H the code D IPrimy, F (I- UBOM or G 13-Sen. LIBOR Rptimtl MTmdhI +ppaam on den frail of your suteTt.ns most m den psdode mWW, IM Periodic tau and coraparTdmg ANNUAL PERCENTAGE RATES may wry enaodhiy std may nueax or dscwoe based on the stead lakes, sit ford In 71s. W.$ Sts-l' Jsunel, phs the marlin preeooly dsdoted to yea, Thos danger, wA be eMaeti- - the is day of you bulky period each mash. 6. AmmPnm* of Late, Oveist and Rammed Prymrd Fees. Your attars .A be sweated no mite Thin too of to fm aced hem dust ocar dukq Any billing Period Under the gems of your grata r egrenaent. we ttxtft the •gld ta walw of not to A Troy fen IThma pda nodfkation m you without t. our dght to seem the -oat a wag, S.tRatrayrYq Your Aaseud. H a mmmberdrip No appear on The from of this sme-M you hew 30 days from ft tine INS marnm em wen .Had m you to .void Paykq the f- or to he- such f- ceded m you H you urTCr your ,emu-. Da1rg Vie peeled, you may nrhMera m ux your acme midhw loving m pay The nonify he? a Wp carical your ? our Cu tm%*rRsadas Depenmatt and Pay y?r New Balance' in hall lesdudag den membatasp fay pda to 7M and of ft VinYdry, prod. S. If Yew t.im Yw A.-Tt. You can lagtaa To dose you, ccpn by r .1 irg w Customer Ralaors Deparmhns. You mug destroy Yw r.& -.11(s) and •ccar. arm cracks. canted An twoa t,koked bafng, •nd wen rarq your accwn. H you do rot rat ed maelrhahed h Me arrrhp.,nems, vw .A o,haider r.caipi of e da,g your a WO am re m roped vour aceotre. At(tf a mosey, I'om aoraad real inn be deed asR eau par M amours you owe us kdudina entry rnnercdoTS you heft atrhedcod, hatch dsgpu, pea due feat. overarch secs. rClTaned paymar Nee, cash ad.- farm and any other, feu nseaeed to yw account. You am responsible for slam mrwues srAmover they appea on your Account at the Isms, yea request to ox IM ac c me or They AN incruared a8uquen To your requea to d- the accuse. This may reap in cargesappeadna en yw accwe shit you here your AsxtuA IT m 11116 .IrxY been cl ea& For example, new ro dw vise Warned- heron in. merchant mt. your .- has been timed, yeur - wA be mopped, The aneom of the Berge wN be added AT Term, saaue, and you WIN be weporrible br paymae. H Clem s a membaatep has to your accumd, the fire was mmiree m be oh=,, ,the enam peknhted M lwr, Bail the .cceue altm hu DmaT paid n tug a detkhad above. 7 Using; Your A.-.LYw card or me- canna be used in Conrteevm wish arty irnemet gambiq I.. S. Nodes About E6.6-A. CMek Cr A., W1hm you protide a check u paymrm. Too marhmixe us either to use nlormatfon Iron yw check To make . -6m. eNamme, lad transfer tram your bank encase a To process the Pastrami as A check transaction when we intern sax Infomat intern vow neck so make en .1-mark fund Hasler, ludic may be vdthdram her Your bank seen u the sem. day wn rmeiw your acme AS Paymaa, .cad you vhA often rmalw Tor dneclt bed, trop your fiha,cal mnhukrt 51WHO MONTS SUMMARY IN Came Of Enos Or Omrsd- About Your BfW H you Mink your ben is .won., w if you need mom khormatbn - • interim pin a bill, -he , vie m s xpef area AS teen x pass@M AT the am- I. Nhgcririu Ah im n m Ili bone of IN. aattmelL We must near foam you ne later than 00 days after we tea you The grit ben m which the am, a poblem appeaoM You can W mar Cal- Rastkes mew-, ben tong to .0 not Fre- r- your rigtet. In your km-, ghw w Ve ldlowing kmomsatiaG Tar ehene end eased number, de doaas emnrre ot de assphacted mare, • deenipden of she amen aft an nmlanninn. H plssmN, .1 Mhy You bww- Vote s en eero . PC H you need wipe. kdea .-, A fsaaipton of d. Flew you mm moue about. You do nit hwe m pay any arnoud in Question while me am cawwgadm IT. but You as aN ahbgned to pay the Pam of your his That mm not n tpaseon vwiN ace kwesdgaaa your quulfm, wen tart .port you as deiguerd of mks any anion m CAM The .mews you qu xtim. :,t Special Rao For Credit Cad Purchases H youtenh. ¦ probso wide ihe gwmty of Property, or A dhat you Pu.dhaxSt wide • craft tam and You he- fried in good faith to etrtect den problem amid, the madam Tar may new the rigle nit to pay the rawai,ring mare due on the Property a xr i- You he- cis protection only when de Pund`N Price was mite dun 50.00 and the purdhax -as made in You home stem o 1lvn 100 max of Top m.Wig Address. Bt we own a operate the neerdrm, a it urea maned you the .d- moms t for the prupeny a mervims, as putlesea an covered regafs ot.mare a locafon of purdux.) Rsex ramembsr , alPa aA mrrespoMenca. t Does not aA* o oonsurrer cam-cne sr card -.-ws t Dome .or apply to bushems aen<wdIr cad aemuds Cwpied One spperla inlama km pricy p-..(- see w vadsite a vwrw.npphhealae.txm. Aphal dens • NdsrAy repataed service mark of Capital One Financial Corporation AN rights reserved. a 2003 Capital One OILGLBAK Inyenrxt NOY4a: Paymanta yea ma , w will ba -&ad re year cease as of the book- day wen recal- it. troweled (1) you mend the broom portion of This naawerd and Your Cluck In the .dosed rardma,sce amdoPa and (21 yam payment s tacdvad in w procmng canter by 3 p.m. ET 112 raon Pn. Plesx entice a lean f- (5) btnkax My for penal do ivery. Payments received by w at any other location a In any other cam my rot be rndted ss of the day vre rocei- them. Our btdness days an Malay through Saund y, esdudrm hdideys. Plum de nit case ataplea, paper du etc. ur payment When ypu sSo o e deck(s), you asslMrse to to make A one-time dedmrie lrerssr debit form y-, bane accoue for the amour o7 den deck YNS .==W. tl checks recarvad during the billing cycle awn H am by aonmone else. If we camel process rise tog eho, you authorize o to make A carpe again you bank Occaat wing the cheek, a paper draft or other hem. online way to Intemet. i x- A VERIFICATION CAPITAL ONE BANK (USA), N.A., successor-in-interest to Capital One Bank vs REICHARD, JO A The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities, that he/she is, JAMELA SINGLETARY, Authorized Agent, of CAPITAL ONE BANK (USA), N.A., successor-in-interest to 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. JAMEL Y Notary Public ARYONNE MABSON NOTARY PUBLIC DEKALB COUNTY. GEORGIA MY COMMISSION EXPIRES OCT. 29, 2011 4862362540084905 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. fy-4 A ' , .'. r -r. Fy y ? ' ? 3?c'?? - -`??i ,.? ?- y --y ._V7?.? C.._r -x ,. ?"' ?? ?t`+ CAPITOL ONE BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 08-2265 JO A. REICHARD, IN CIVIL ACTION Defendant CERTIFICATE OF SERVICE The undersigned hereby certifies that on the date stated below, she served a true and correct copy of the within Preliminary Objections, by mailing same to the office of Plaintiff s attorney of record by first class mail addressed as follows, which service satisfies the requirements of Pa.R.C.P. No. 440: James C. Warmbrodt, 42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 Date: 9A Ile By: Jo A. Reichard 6314 Salem Park Circle Mechanicsburg, PA 17050 ng IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) NA Plaintiff Vs. JO A REICHARD Defendant No. 08-2265-CIVIL TERM AMENDED COMPLAINT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5790458 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) NA Plaintiff VS. JO A REICHARD Defendant Civil Action No. AMENDED COMPLAINT IN CIVIL ACTION 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 ON AGENICES 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 ST CARLISLE PA 17013 717-249-3166 AMENDED COMPLAINT 1. Plaintiff is a corporation with offices in 15000 Capital One Drive Richmond Va 23238. 2. Defendant is residing at 5510 Silver Creek Dr, Mechanicsburg Pa 17050. 3. At all times relevant hereto, Plaintiff was engaged only in those activities, including transacting business in interstate commerce, that shall not be considered to be doing business in this Commonwealth, as defined by 15 Pa.C.S.A. § 4122. 4. Defendant applied for and was issued a credit card by Plaintiff bearing the account number xxxxxxxxxxxx4905. Defendant applied for the Credit Card. Attached hereto is a true and correct copy of the application marked as Exhibit "1". 5. The aforesaid account is subject to the terms and provisions of the written customer agreement. A true and correct copy of Plaintiff's written customer agreement which was mailed by the Plaintiff to the Defendant, and which agreement was received by the Defendant, is attached hereto, marked as Exhibit "2" and made a part hereof. 6. Defendant used the aforementioned credit card to purchase goods, merchandise and services. 7. Attached hereto, marked as Exhibit "3" and made a part hereof are true and correct copy of a monthly statement on Defendant's aforementioned account, dated October 28, 2005. 8. Pursuant to the terms of the agreement between the parties, Defendant agreed to make monthly payments on the outstanding balance on his account. 9. Defendant is in default of the agreement between the parties by failing to make the monthly payments when due. 10. The balance due and owing to the Plaintiff on the aforementioned credit card account as of October 28, 2005 was $880.66 11. Pursuant to the aforesaid customer agreement, unpaid balances on Defendant's account are subject to the addition of finance charges at the rate of 27.74% per annum. 12. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands judgment in its favor and against the Defendant, Jo A Reichard, individually, in the amount of $880.66, with interest at the rate of 6.0% per annum from date of judgment, plus costs. Respectfully submitted, James C. brodt, 42524 WELT , WEINBERG & REIS CO., L.P.A 436 Se en Avenue, Suite 2718 Pittsb , PA 15219 (412) 4 4-7955 FAX. 412-338-7130 WWR# 5790458 This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities, that he is an attorney for the Plaintiff herein and makes this Verification based upon the facts as supplied to him by the Plaintiff because the Plaintiff is outside the jurisdiction of the court and the Plaintiff's Verification cannot be obtained within the time allowed for the filing of this pleading; and that the facts and circumstances set forth in this pleading, are true and correct to the best of his knowledge, information and belief. CERTIFICATE OF SERVICE I, James C Warmbrodt, hereby certify that a true and correct copy of the Amended Complaint was served on Defendant by regular U. S. Mail, postage prepaid, this G+h day of &-U K , 2008, addressed as follows: JO A REICHARD 5510 SILVER CREEK DR MECHANICSBURG PA 17050 tj M A C p a E > • L € N --^-"?-'- C LSE C o .. alf -a ON %A c by `? -- O 10 ???? b c 2.10 •? *2 -C a., 0 4A CL o N Tc a N ( 7 (? a y _3 r C. 10 0 yy .g .n tV T F" .si Q c .A C O N.Y 7 u E Nn- 0 ?? h O QO t V ?z° v? az' ° co Ln : co Ln L. N O tA wl 3: vs L p 5E. C a+ ? .tomO d f'O $ ''?QQ+ T. E V?1 V1 fl." ? '_'? O u >4 « CL ?r ?J m 0 O L a ? d C 0 d .r. n Y A 2' E m n d z u a N Ip'd 'u+ ° + a v Z x r r? a s u ? V L ? q d ti N q O . v O ? c Q :°. o Q R ? Q iJI: N V C R .r s O? ?C O ?C H q?o o? C ESU 4.C? ?Cp d 0 0 he C.a d C h ? O N O iC V O C Cv coo O_ W ?o I c N y' H? ai Ca- cc N I N E C O Q.' u Q v OJ w W dN? M! N ON ` ??( ? F CUSTOMER AGREEMENT )come to Capital One.% We are pleased to open your credit card account This eement contains information about your account Please read it and keep it for your )rds. In this Agreement the words 'you,' 'your' and 'yours' refer to each person who ied the appficafwn and to anyone else who uses the account in any way. Each of you idividualiy and jointly obligated under this Agreement The words 'we,"us' and 'out' sn Capital One Bank and its successors or assigns. We can delay enforcing our rights let this Agreement without losing them ng Your Account You can make purchases and obtain cash advances (it we have you that cash advances are an option for your account) by using your card, account nber, and any a=unt access checks (including Purchase Checks, Convenience sds, Special Transfer Checks and other similar checks) that we may send to you. en we provide you with account access checks, we win tell you whether they wig be ited as purchases, cash advances, or special transfers. Unless we ten you otherwise, ivenience Checks will always be treated as cash advances. it card or account cannot be used in connection with any Internet or illegal gambling isacfwns. Your card and account may only be used for valid and lawful purposes. If use, or allow someone else to use, the card or account for any impemhissible pose, you wig be responsible for such use and may be required to reimburse us and >terCard International incorporated or Visa USA, Inc., as applicable, for all amounts or -arises we or they pay as b result of such impermissible use. i agree that we are not responsible if anyone refuses to hora your account If you do use your account, you may cancel it by calling our Customer Relations department destroying your card(s) and account access checks within 30 days after you receive m. ;h Equivalent Transactions. If cash advances are an option for your account, you use your account to purchase items that are directly convertible to cash. These cash ivalent transactions will be treated as cash advances and Will be billed to the cash •ance segment of your account Cash equivalent transactions include the purchase of transfer money orders, bets, lottery fidcets, casino gaming chips, and other similar duds or services. it Credit Limit You were told your credit limit when you opened your account You i may have different credit limits that apply to different segments of your account ;h as purchases, cash advances, and special transfers). These credit limits win be itified on your periodic statement You agree to make purchases or obtain cash ances only up to the relevant credit limit. We may increase or decrease your credit is at any time, may limit the amount that is available for cash advances, or may lude cash advances entirely from your account We may honor transactions in excess tour credit fcmit, even if those transactions result in an ovedimit fee, and those isactions and fees will be covered by this Agreement ling Payments. You promise to pay us an amounts due resulting from the use of your Dunt, including any finance charges and other charges due under the terms of this eement Payments must be made in U.S. dollars. Payments made by a negotiable rument such as a check or a money order must be in a form acceptable to us and be wn on a U.S. financial institution. We may allocate payments among the various menu of your account in any way we determine. i must pay at least the minimum amount due by the date requested on your statement void a late payment fee. However, you may pay more than the minimum payment or the balance in fun. In any case, finance charges Will continue to be assessed during hg periods that you carry a balance regardless of whether or not your statement ws a minimum payment due. can accept late payments or partial payments or checks and money orders marked mment in full' or other similar language without losing any of our rights under this cement, including our right to receive payment in tun. iodic Statement Each month you have a balance in your account, we will send you atement showing an transactions billed to your account during the billing period. The mg period is the time from one statement dosing date through and including the next ement dosing date. The statement dosing date determines the month of a spedfic g period. For example, your January billing period is the billing period with the Biment dosing date in January. ince Charge Information. 'race Period. You will have a minimum grace period of 25 days without finance ,ge on new purchases, new balance transfers, new special purchases and new other 'gas if you pay your total New Balance as shown on your periodic statement in full in time for it 0 be credited by your next statement dosing date, There is no grace oil on cash advances and special transfers. In addition, if you did not pay the total r Balance from the previous billing statement in tun and in time for lt to be credited by 'next statement dosing date, there is no grace period on any transaction. Issruing Finance Charge. Transactions which are not subject to a grace period are .ssed finance charge as follows: inactions made during the current billing period: from the transaction date. dated transactions and transactions made with account access checks: from the date ransaction is prcomsed to your account inactions made prior to the current billing period: from the first calendar day of the :lit blfing period. itionany, if you did not pay the New Balance from the previous billing period in fun, ice charges continue to accrue to your unpaid balance until the unpaid balance is in fun. This means that you may still owe finance charges, even if you pay the entire V'Jbf l z-11 To get the daily balance for each segment of your account, we take the beginning balance for each segment and add any new transactions and any periodic finance charge calculated on the previous day's baliince for that segment We then subtract any payments or credits posted as of that day that are allocated to that segment This gives us the separate daily balance for each segment of your account However, if you paid the New Balance shown on your previous statement in tug (or If your New Balance was zero or a credit amount), new transactions which post to your purchase or special purchase segments are not added to the daily balances. To calculate your total finance charge, multiply your average daily balance by the daily periodic rate and by the number of days in the billing period. Due to rounding on a daily basis, there may be a slight variance between this calculation and the amount of finance charge actually assessed. F. Cash Advance Fee. If a cash advance fee applies to your account, you were told the fee when you opened your account The fee will be charged each time you obtain a cash advance and will be added to the cash advance segment of your account and will reduce your available credit The amount of the cash advance fee will be added to other finance charges on your periodic statement for the purpose of calculating the annual percentage rate disclosed there. This may cause the annual percentage rate disclosed on your statement to be greater than the annual percentage rate that was disclosed to you when you opened your account G. Temporary Reduction in Finance Charge. We reserve the right to not assess any or an finance charges for any given billing period. Other Fees and Charges. The following fees may be billed to the purchase segment of your account, unless otherwise specified, in every billing period in which they apply: late payment fee if we do not receive your payment in time for it to be credited by the following statement closing date; ovedimit fee if your account (a any segment of your account) goes or stays above any temporarily or permanently assigned credit firhii, even if we approved the overfimil amount, at any time during the billing cycle (regardless of whether you went overimit as a result of a transaction, finance charge, or any other fee or charge); returned check fee, imposed every time a check its returned to us for any reason, or if we cannot honor your account access checks for any reason; and copying charges for duplicate copies of transactions or statements unless required for billing dispute resolution. These fees and charges will not be assessed if your billing address was in Puerto Rico when your account was opened. The fee and charge amounts were disclosed to you when you opened your account If any of these fees or charges are changed subsequent to your account opening, you wiR be advised of the new amount We reserve the right to waive these fees without prior notification to you. Membership Fee. If your account has a membership fee, it was disclosed to you when you opened your account The fee win be billed to the purchase segment of your account Credit Bureau Information. You agree that we may obtain your credit information from credit reporting agencies at any time for the purposes of monitoring your credrl performance, managing your account and considering you fa new offeis and programs. Future Offers. The terns of any future offer win be disclosed to you at the time the offer is made. If you accept an offer, the terms wi8 become effective immediately unless otherwise specified in the offer. Default We may consider you to be in default under this Agreement it (a) you faW to pay the minimum payment on time, (b) you exceed your credit limit, or (c) you pay us with funds that are returned for any reason. To the extent permitted by law, you may also be in default under this Agreement it (1) you violate any of the other terms of this Agreement, or any of the terms of any other agreement with us or any of our affiliates, or (2) you made any false or misleading statements on your application, or (3) bankruptcy or other insolvency proceedings are instituted by you or against you. After you are in default (or after we give you any notice of or right to cure the default it required by law), we may restrict your account from new transactions, or dose your account and demand immediate payment of the entire outstanding balance. In addition, as a result of the default, your minimum payment may increase without advance notice. To the extent permitted by law, you agree to pay an court costs and collection expenses incurred by us in the collection of any amount you owe us under this Agreement If you default and we refer your account for collection to an attorney who is not our salaried employee, to the extent permitted by law, you agree to pay reasonable attorneys' fees. You also agree to pay any costs we may incur in retrieving your cards, including any costs we may incur by having your account placed on a restricted fist @HBO If You Close Your Account You can request to dose your account by calling our Customer Relations department You must destroy an cards and acc--- access checks, cancel all preauthorized bong arrangements, and cease using your account If you do not cancel preauthorized billing arrangements, we win Consider receipt of a charge your authorization to reopen your account Addiftany, your account will not be dosed until you pay an amounts you owe us including: any transactions you have authorized, finance charges, late u.....,,.,,.,,..,. J- -, IV -, -..o ,o :,v y, ate- F-"- -""I 9. Accruing Finance Charge. Transactions which are not subject to a grace period are >_ss?!ssed findnce charge as follows: .Transactions made during the current billing period: from the transaction date. Undated transactions and transactions made with account access checks: from the date the transaction is processed to your account .Transactions made prior to the current billing period: from the first calendar day of the .urrent billing period. %ddifionally, 9 you did not pay the New Balance from the previous billing. period in full, finance charges continue to accrue to your unpaid balance until the unpaid balance is )aid in full. This means that you may stiff owe finance charges, even if you pay the entire 4ew Balance indicated on the front of your statement by the next statement dosing date, )ut did not do so for the previous month. Unpaid finance charges are added to the ipplicable segment of your account. Minimum Finance Charge. For each billing period that your account is subject to a inane charge, a minimum total finance charge of $0.50 will be imposed. If the total inance charge resulting from the application of your periodic rate(s) is Less than $D.50, ve will subtract that amount from the $0.50 minimum and the difference will be billed to he purchase segment of your account ). Periodic Rates. We determine the daily periodic rate by dividing the annual percentage ate by 365 and rounding it to the nearest 1/100,DOOth of 1%. The rate may be different x each segment of your account (e.g., cash advance, purchase, special purchase, and special transfer 9 applicable for your account). You were told the daily periodic rate(s) vhhen you opened your account and it appears on your statement .. Calculating Finance Charge. Finance charge is calculated by multiplying the daily lalance of each segment of your account{e.g., cash advance, purchase, special transfer, nd special purchase) by the corresponding daily periodic rate(s) that has been 'reviously disclosed to you. At the end of each day during the billing period, we apply the ally periodic rate for each segment of your account to the daily balance of each egment Then at the end of the billing period, we add up the results of these daily alculations to arrive at your periodic finance charge for each segment We add up the cults from each segment to arrive at the total periodic finance charge for your account cement and/or temporarily or permanently suspend your credit privileges. This ides, but is not limited to, situations where you have violated this Agreement or where have reason to doubt your credilworthiness. Your obligations under this Agreement inue after your rights to obtain credit have been terminated or suspended. We may y in enforcing our rights under this who is not our salaried employee, to the extent permitted by law, you agree to pay reasonable attorneys' fees. You also agree to pay any costs we may incur in retrieving your cards, including any costs we may incur by having your account placed on a restricted list If You Close Your Account You can request to dose your account by calling our Customer Relations department You must destroy all cards and account access checks, cancel all preauthorized billing arrangements, and cease using your account If you do not cancel preauthorized billing arrangements, we will consider receipt of a charge your authorization to reopen your account Additionally, your account will not be closed until you pay all amounts you owe us including: any transactions you have authorized, finance charges, late payment fees, overfimh fees, returned check fees, cash advance fees and any other fees assessed to your account You are responsible for these amounts whether they appear on your 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 account after you have requested the account to be dosed or the reopening of your account H it has already been dosed. For example, N you authorized a purchase from a merchant and we receive the transaction from the merchant after your account has been dosed, your account will be reopened, the amount of the charge will be added to your account and you will be responsible for payment If there is a membership fee for your account the fee will continue to be charged, to the extent permitted by law, until the account balance has been paid in full as defined above. If you want to stop an authorized user's access to your account, you must call our Customer Relations department and destroy the users card (If any) and any account access checks he or she may have. If you are unable to destroy that person's card and account access checks, and you call our Customer Relations department to dose your account, your account will be dosed and both you and the joint cardholder, if any, may apply for a new account If we dose the account, you and the joint cardholder, if any, will still be liable, individually and together, for all amounts charged to your account. If We Cancel Your Account or Suspend Credit Privileges. We may at any time, with or without cause and with or without advance notice, terminate this rpeoplepc- online A better way to Internet. ? Surf up to • 5x fa0ter?4 m a FREE 4ocefera it for tM fist 12 amiltsr- a $W valaal 1-888-587-9669 ?? ? ? • Mention Offer Code: COIN Visit www.peoplepc.com/go/coin UNLIMITED INTERNET ACCESS PeoplePC Online offers the features you would expect from higher-priced Internet Service Providers, including: ® Virus Protection powered by SymanteoT" ® Pop-Up BlockerTIA 1? Spam Controls ,Zw % Smarter Smart Dialer Technology ,go More Email Addresses g Internet Call Waiting cap"AlOw, Account Summary Previous Balance $831.84 Payments, Credits and Adjustments $.00 Transactions $29.00 Finance Charges $19.82 New Balance $880.66 Minimum Amount Due $880.66 Payment Due Date December 27, 2005 Total Credit Line $500 Total Available Credit $.00 Credit Line for Cash $500 Available Credit for Cash $.00 At your service To oB Customer Raatiom or to report a lost of stolen w&- 1-800-903-3637 For free online aerount serviee and special automer offers, log on to: w -Jiwone.oom Smd payments tw. Send inginies to: Attn: Rmutuace Prooming Capital Otte Bank Capital One P.O. Box 790216 P.O. Box 30285 St Louis, MO 63179-0216 SLC, Ur 84130-0285 Finance Charges Please see rewi side for iingwtant tajormahon 13d a g-e Penolir Coc. r pl;<!ro ? tart AP R l:l7Hi(l l; to, PURCHASES $84L39 .07600%P 17.74% $19.82 ,n CASH $.00 .07600%P 27.74% $.0o ANNUAL PERCENTAGE RATE applied this period 27.74% PLEASE RETURN PORTION BELOW WITH PAYMENT Cap#Wo W* 0000000 0 4862362540084905 27 0880660000000880662 New Balance $880.66 Minimum Amount Due $880.66 Payment Due Date De ember 27, 2005 Total enclosed $ Account Nwnbm 4862-3625-4008-4905 PLATINUM VISA ACCOUNT OCT 28 - NOV 27, 2005 4862-3625-4008-4905 Pagel of 1 Paymenss Credits and Adjustments Transactions 1 27 NOV PAST DUE FEE $29.00 Take control and pay your Capital One credit card bill online for free. Eliminate the hassle of writing checks, finding stamps and sealing envelopes. Everything you need to access, review and pay your Will is available online. Our Web site offers you a convenient, simple and secure way to manage your account. visit www.capitalonexom and register your account to start simplifying your life today! As a valued Capital One customer, you are eligible to receive a free Year-End Summary for this specific account that recaps your 2005 charges, provided your account is in good standing and you have made transactions during the calendar year. Please call 1-877-794-4487 before December 31, 2005, to reserve your copy for this account We will begin processing orders in January 2006. You were assessed a past due fee of $29.00 on 11/27/2005 because your minimum payment was not received by the due date of 1112612005. To avoid this fee in the future, we recommend that you allow at least 7 business days for your payment to reach Capital One. Plrauperrm XV11ddrrr-& s- ddu d:brl vi jblve orbl?kkk. Stet Ape b Gay Smv ZIP Han, Plum Alt,enax Ph.. #9033109662936518# MAIL ID NUMBER Capital One Bank JO A REICHARD P.O. Box 790216 1I1t,11111111111,1JI1 m 5510 SILVER CREEK DR St. Louis, MO 63179-0216 N ,. MECHANICSBURG PA 17050-1961 If 1119 111 !ur111 ltrell,ItrlL,rt1 1 61116111111111111 n1 11 1 11 Pleare write yon amount numbs on yore died or -my ordo madepayable to Capital One Bani and mail in the m1wed mush pe. F peoplepctw online u A better way to Intemet. UNLIMITED INTERNET ACCESS 1-888-587-9669 Mention Offer Code: COIN Visit www.peoplepc.com/go/coin PetpiePC a ad ly responsible for this offer, and Is not affiliated with Capital One. Capital One does not prOWs. endorse or guarantee, and is not affiliated with, any product or service shown here. Any trademarks mentioned herein are solely owned by the respective entity. M rights reserved. By responding to this offer, you may be communicating information about yourself to the company that provides this product - for example, that you are a Capital One customer. 'PeoploPC Odma: First 3 months are billed at $1.97 per month; $9.95 per month thereafter. Offer available to new dial-up subscribers at least 19 years of age and may not be redeemed with arty other offer Offer stbted to change at any time. Phone technical support available for $1.95 per minute. tAccelaralor is free for 12 months. Offs good for sated time, After the first 12 months, the Accelerated service will automatically revert to the standard PeoplePC Onine service. Offer abject to change at anytime. With PeoplePC Online Accelerated, certain Web page tail and graphics will load faster when compared to standard dal-up Internet service. Actual results may vary. Pecph PC Online Accelerated is only compatible with PeoplePC Oriline Inamet service and specfied Windows@ browsers. Peop sPC Online Accelerated is not compatible vial Wmdowss 95 with IE 5.5 SP2. Service not available in erg areas. Access fees, faxes, and other fees and restrictions may apply. Telephone toll charges may apply, even during trial periods. You are responsible for determining who ix a call to one of out access numbers will result in leephone toll charges. Access may be limited, especially during tines of peak usage. Dal-up numbers may be clanged at PeoplePCls discretion. Continuous use subject to fimeoul procedures. Muse is subject to PeoplePC OnlineN Services Agreement and Acceptable Use Policy. 56K is the maximum speed of service; actual speed may vary. 0 2005 PeoplePC Inc. All Rights Reserved. PsoplePC Online and Ns logos are trademarks of PeoplePC in the U.S. and other countries. 0 2005 Capital One Services. Inc, Capital One Is a federafy registered service mark. All rights reserved. 8 O N 0 on N id periods rao. To abtaen the avero0e daH balance for hie rg period covwmd by this alald'Jmlem, we tike the beprvwmg bdarco of each segment each day, add any revu transactions to each and attract MY payments saunters, or credits. (It the code N appear m the iron of rill statement next to 'Balance Rate Applied To,' we at" attract any unpaid finanax dirge included in tut balance of each segment) The gives u the daily belmCe of each moment. Than, we addp etprIoads the daily baLm is each segment for the bllkV rA g peand dIvIde by the lost riod. This gives us the number of days N the bNan Vierege daily balance of each segment. 3. Anvil Perearibrgs Rise IAPRL a. The Farm 'Annual P-mat-ge Rate' may appear as APR' m the from of ails statement. b. If tut code P (Prima), L (3- LIBOR), C (Certificate of Deposit), or S (Bankcard Prime) appeals on the from of c thin statement nee to the periodic Frew, to rates and carewahdrip ANNUAL PERCENTAO RATES may vary quarterly and may increase a decrease based m the "ad eooes, as foul In The Wad Street formal, plus the margin prevlouly disclosed to you These cages vA1 be effecave m the aFr day of Your bieinp p rod covered by you, periodic statemen erring In lithe mont a January, April, Joyy and Ocrober. c. 11 the code D (Prime), F (1-mo. LIBOR) a O 43-mo. UBOR Repriced Monthly) appears an the from of your statement rem to the periodic bu(s), tut V.-dc rates and mneapondrq ANNUAL PFACENTAGE TF5 may wry nlhi'a nd .=iv m a OF deeroass based on the the changes tmargin previously dadaed to you.rTheae will be effective on tiro aFr day of Your hiekg paled each mmN. 6. Assessment of Lale, owr7ralr and Rese-I Payment Fu ss. You, accent will be assassod na mom than two of the fees lived hero then occur during any billing period. Under the terms of your customer agroanem, we reserve the right to live a not to areas any fees wtthoul VFla notifi"tiro to =without waiving our Fluid 10 Masao the same or similar hrn at a later time. 5.tRar swig Your Aooo-L If a membersllp fee appeals on the free of this inurement, you hew 30 day from tut date this swement was mailed to you to avoid paying the tee or to how such hoe cndted to You of you cancel your accent. During this Period, you may continua to use your account without having to pay the membership fee. To caned your mccout, You must rarity u by cNkng Per Customer Relations Departmant and pay yar New Balance' In full *'*A g tut membenalsp tee) prior to the end of the 1NmY Y period. u. R You Class Your A-ouFF4 You can request to dose yyoouur acoam by -Mina our customer Relations Depanmem. You must steamy your credit cardls) end scour access checks, "noel all preauthodzed billing, end "acre tiring your avant. 11 you do rot "dad preaWadzed b6Wng arrangements, we will conadef receipt of a surge your authorization to reopen you account. Additionally, your account will not he dosed carol you pay aN amount you owe u including: any trensagtlons you hew aWOdzed, finance doges, fan due fees, overfeml tees, returned payment fees, "aft advance ten and airy other fees a>eaossd to your occurs. You am responsible for these whou wleder they app"r m your accent at the time you request to dose tut secant a they em Incurred subsequent to yon bequest o does the account. This may to" in darges appearing m your account To you have your exam if it has areadY been ooeeca. if Yam eWorizod a purdrss ee77q- wa fan a merchant necstw the trenacriah from the win be r m, acaowv has been cloned, your account the arnou t of rho charge wild be added to you ascot, and yyoouu wall be responsible for payment. If there is a memberrtip fee for yar 0. fee win cadrvas t0 be der LP LAD @%tad 1st W few, .b t11B emoux anee Ass been DB in 1e1 cleared ebow. 7. =Y=,2 -F ices cannot be garmbling trasectias. S. Notice Abort Fleabane Check Coro-rabn. When you provide duck as Perrault, you sWsdze os either in, use information man your check to make a -d- electronic fund to efer from your bank aceous or o ==. ut peymen ss e deck trasacdorh. When we from you deck to make ar eleetnoie fud tunsler, ha der may be widdrawn from Your rank excuser as scam as the same day we receive =-.= n miw your check byour eck from iaeneim. BIWKKI RIGHTS SUMMARY (In Case Of Erma Or Quesdas About Your BNB If you think your bill Is wrong, or If you need more Information m a transaction a big, write to us m a separate seal as soothes possible at the address for annar shown m the from of Ills statement. We mum hear Iran you ro later than 00 cloy after we cam you tut AM hie m welch the enor or problem o"red. You can call cur Customer Relations n mbar, but dole so VAN rot meor m your dgms. I your letter, give u the following Pnfam.tim: rxr name and account number, the dollar amour of the arpected error, a description Of the errs and an etplaration, R possible, of yYW believe there is an error, a if you need more Inormadm a description of tut hem you am uwane abort. You do not law to pay arty amount I que.Om . we re IvestlgaN it, toll you are aW obligated to pay the pans of You bill that are rat I question. When we Iwa gate you a ea Ian, we eamot report you as dellnpam or lake any scl= to coZ tut amour You question. 1,t Spacial Rule for Credit Cam Purchases If you haw a problem with the gLwI ty of property of services that =r rdhagod whin a credit nn and yd haw ood I to correct the problan with the , tire merchant, you may hoowe the right not to pay tut remalretg amours due art the OF, services. Y haw a protection ody vten the ppuurc hase price was mere fruit $60.00 and the pun hose was made in your hone sate or whhln 100 rNles of Your mailing eddnasa. Of we own or operste the mefdam, or if we mabd you the adwnlaemant er the property a service, all purchases are covered regardless of amoral a location of purchase.) Plesse remember to sigh all correspadence. t Does not apply to consumer moz mdd card accarsa a Does rot apply to auslaess rxn-cmdlt sand accounts Ono appose Information Privacy Praectlm: we ea at www. one.com. One lie a feckinally regirwed ssrvic mark of Capital Mal COWelf x All dills reserved s 2003 dAIC t a. Games Parlad. YPU tvi love i mininuam grace pedal of 25 days wMnu fnanoe the m now purchases' now balance tranhafals, row ye . PurHraes end rew ndver c areaa If you psY your total -New Boleros', I. accordance with the impon" Notice for psymerss below, and In time for it to be cra6ted by lams nand xerentad dosing data. Them is no grace period m cash adwroes and apiarist trarsrers. I adAdon, them I. no gece period sty tT_1dah if you do not pay mime cast 'row hot-.' b. Aaarsig Fb- Charge. Transactions which ere not sut)sct to e grace perod em aaaeased arts charge 1) from der data of de trsraNat or 2) from tut data the transactim Is processed to V. Account: a 31, from the y, first calendar day of the cu rae bgirhp period. Additional if you rid or pay d* 'Now, Balance ban the Ph. biOV period in As, frwsa cargos [animas o accrue to you unpaid balannc rasa the unpaid boa ce la paid in IJi. This eans tat you may die owe finches chews, evan if you Fl pay the emir New Balance Indicated on the front of your vat arant by the now, s rumment dosing date, but rid roc do an for the preNas mach. Unpeld finds' changes em added o the eppWable segttad of yar A ha 11 th0.1 t c. kgriraan Fimaras CIsrW. Pon ,ydh N p A at yar ;=C=to a firero dirge, a minirsan bola of $0.50 w9 be Imposed If the tow arsnn cutsmpe msm/mkq limn the tiro of you periodic fate(ol h bs dhn 10.50, we well atm:rect drt amour flan the 60.50 minimum rd the dffertnre will be bleed to the Ddreheee sagrtas of your etraas. td. Teeparsy Radnetienh I. Fihcwa OrsW We reserve the right w not assess any or all firwhoa charges for any gfvan 2. A billing D+H wea IY a?hp New fiealausl. rh e. Hnhsnee chehge b c.=. d by mWphr" the dally balrhee of each segment of your account (e.g., dash advchm, Ph?hsse• special transfer, rd special purchase) by der -.WOndrg daily periods ram(s) their hss been pmvlasly disclosed to, you. At the and of each dey tiro bBerhg period, we apply the dse priede rsta or as BBTheht of your accent re der aelnc?e of each the aahs rarrive ?hm s?yoeumr tQ at these to and defy of the periodo anarhee charge for sadh eegmerhr• We add up tut melt. mom each segoerr UP auto re the tool Periods Brhan" drrye for Yem+ acoant To AN the elegy belarh" for each aegncs of your accaat, we talFa the begiWng balance for each esgnat curd add dry new tmhssctiar and wy+bde flrorae datga mylnland m the Pnvias day. for river We thort my payments or credit. posted as o art day dint van to Nat -gamim The gives u the soprem daily hot.- fix each segnaht of your account. Hotwvm, 1f you d rile sulemas I (a New Bairns ahewwh m your Previous if yar rlow balance was zeo or a credit anmou t), Flow, treractierr wAich For re Your Purchase OF special purchase, sagin eres an rot ailed to the daily balences. We calculate the average Astiy?balsa by adding all tut delY belroea togearr, a and dividing the ern by tut number of the days I the arras biig cycle. To calculate your total Nance charge, mltlgyWyour a-rape daily balance by the daily Due rashdr alg daily 4 lidays int the ver, may be a a aegis vataae between this calculation and the amour of fkinc miargs acorlly assewed. b. If tut ode Y or N eppeem m the front of this stateman nnn o 'Balms Rate Applied To: we multiply the ... Inpa be Notlee: Payments you .It to u will be credited to Your aocwn as of tie bskrsa day we most- In, pm,4dad (1) you ssrd the bell= portion of this statement and your duck in the enclosed reMktros anve1ep0 rd (2) your Wroad is received I hxr caner W 3 p.m. Er (12 ratio PT). Pleass allow at least ew (6) baiheaa day for poses delivery. PaYhmhatta received by u at any other locatim a In mY other form m not crsdted as of tat dayy we receive then. Our business day an Monday through SCUMMY, excluding holidays. Pleass de col tiro staples paWr dIa etc. vlhen peparig youz W ent. When ssrd u a chockW, you auaoffze u to mocks a ots-lime elxtraic transfer d" tram yao bark .c. for tut amount n ibe deck' auaarizatlan appliae to a chocks received during the bOV cycle even if sat by samosa else. It we "ma process the tremor, yw authorize us to make a charge sWirst your bank soccut using the crock a paper draft or other turn. C', C=l C7 ^ 4 t? _ CAPITOL ONE BANK, (USA) NA IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-2265 JO A. REICHARD, IN CIVIL ACTION Defendant PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT AND NOW, comes the defendant, Jo A. Reichard, and files these PRELIMINARY OBJECTIONS TO PLAINTIFF'S CIVIL ACTION AMENDED COMPLAINT, and in support thereof avers the following: 1. Plaintiff is Capitol One Bank (USA) NA, a corporation with offices located at 15000 Capitol One Drive, Richmond, VA 23238. 2. Defendant is Jo. A. Reichard, who resides at 6314 Salem Park Circle, Mechanicsburg, PA 17050. 3. Defendant has not resided at 5510 Silvercreek Drive, Mechanicsburg, PA 17050, as stated in Plaintiff's Amended Complaint, since February of 2007. 4. Plaintiff was informed of Defendant's current address by the Cumberland County Sheriffs Office on September 6, 2008 and by the Defendant on September 25, 2008. . 5. Plaintiff continues to mail all pleadings, notices, etc., to Defendant's previous address knowing that it will not be received by the Defendant with the exception of the recent 10-day judgment notice dated January 21, 2009. Exhibits A and B. 6. Plaintiff filed its Amended Complaint on December 11, 2008, alleging that Defendant made use of a credit card account with Capitol One Bank. Plaintiff s Amended Complaint is attached hereto as Exhibit C. 7. Plaintiff claims that it is owed the alleged balance on the account, as the alleged original creditor, and demands damages in the amount of $880.66, with interest at the rate of 6% per annum from date of judgment, plus costs. PRELIMINARY OBJECTIONS PURSUANT TO PA. R. CIV. P. 1028(A)(2) (FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT) AND PA. R. CIV. P. 1028(A)(5) (LACK OF CAPACITY TO SUE) FOR FAILURE TO PLEAD AND ATTACH ASSIGNMENT Paragraphs 1 though 7 of Defendant's Preliminary Objections are hereby incorporated as if fully set forth herein. 8. Plaintiff's Amended Complaint is allegedly based upon a credit agreement entered into by Defendant and Capitol One Bank and has attached a "Statement" to its Complaint listing Capitol One Bank as Original Creditor. 9. Capitol One Bank (USA) N.A, is not a party to the alleged agreement between Defendant and Capitol One Bank. 10. Pursuant to Pa. R. Civ. P. 1019(i), when a claim is based upon a writing, the pleader must attach a copy of that writing or provide explanation for its absence. 11. To the extent that any agreement pertaining to the alleged assignment of the account is written, the Amended Complaint fails to comply with Pa. R. Civ. P. 1019(i) in that Plaintiff has failed to attach to its Amended Complaint a copy of any written agreement showing the assignment of the account from the alleged Original Creditor Capitol One Bank to Capitol One Bank (USA) N.A. or any explanation for the absence thereof. 12. Therefore, Plaintiff s Amended Complaint fails to state a prima facie case that Capitol One Bank (USA) N.A. is a valid assignee or holder in due course of Capitol One Bank or that it has lawfully acquired any rights, title, and/or interest in Defendant's purported account or debt or that Capitol On Bank (USA)N.A has any standing or capacity to sue Defendant as an assignee or holder in due course. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff s Amended Complaint with prejudice for failure to conform to a law or rule of court and lack of capacity to sue. PRELIMINARY OBJECTIONS PURSUANT TO PA. R. CIV. P. 1028(A)(3) (INSUFFICIENT SPECIFICITY IN A PLEADING) FOR FAILURE TO PROPERLY PLEAD ITEMS OR TIME, PLACE, AND DAMAGES Paragraphs 1 though 12 of Defendant's Preliminary Objections are hereby incorporated as if fully set forth herein. 13. Plaintiff claims that it is owed $880.66 and attaches as sole support thereof a "Statement" purportedly showing a balance $880.66 on October 28, 2005. 14. Such "Statement" fails to specify the Defendant's amount, time and place of individual credit transactions making up the sum of damages claimed. 15. Plaintiff fails to sufficiently specify the type and/or amount of the alleged debt owed, including the amounts and dates of the alleged charges, the amounts and dates of any payments made, the amounts and dates of any interest charges, and the amounts and dates of any other charges. 16. Pa. R. Civ. P. 1019(f) requires that averments of time, place, and damage shall be specifically stated. 17. Plaintiff s general assertion of damages thereof is in violation of Pa. R. Civ. P. 1019(f) and renders Defendant unable to properly defend this action. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiffs Amended Complaint with prejudice for insufficient specificity in a pleading. PRELIMINARY OBJECTIONS PURSUANT TO PA. R. CIV. P. 1028(A)(2)(FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT) FOR FAILURE TO ATTACH A WRITING Paragraphs 1 through 17 of Defendant's Preliminary Objections are hereby incorporated as if fully set forth herein. 18. Plaintiff bases its claim against the Defendant on a credit agreement creating the account between the Defendant and Capitol One Bank. 19. The "Statement" attached to Plaintiff s Amended Complaint purports to represent Defendant's account, but fails to sufficiently specify the type and/or amount of the alleged debt owed, including the amounts and dates of the alleged charges, the amounts and dates of any payments made, the amounts and dates of any interest charges, and the amounts and dates of any other charges. 20. Plaintiff has failed to attach any credit agreement made or signed by the Defendant with Capitol One Bank (USA) N.A. 21. Pursuant to Pa. R. Civ. P. 1019(i), when a claim is based upon a writing, the pleader must attach a copy of that writing or provide explanation for its absence. 22. To the extent that any credit agreement between Defendant and Capitol One Bank (USA) N.A. is written, Plaintiffs Amended Complaint fails to comply with Pa. R. Civ. P.1019(i) in that Plaintiff has failed to attach to its Amended Complaint a copy of any such written credit agreement or any explanation for the absence thereof. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff s Amended Complaint with prejudice for failure to conform to a law or rule of court. Date: !l ;? 710 ? Respectfully submitted, By n ` . Jo A. Reichard 6314 Salem Park Circle Mechanicsburg, PA 17050 VERIFICATION Jo A. Reichard, hereby states that the statements made in the foregoing Preliminary Objections are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A., 4904 relating to unsworn falsification to authorities. Date: 7) 0 a (), ?? C ?mj Ioff- Jo A. Reichard CERTIFICATE OF SERVICE I, James C Warmbrodt, hereby certify that a true and correct copy of the Amended Complaint was served on Defendant by regular U. S. Mail, postage prepaid, this day of .L.JIL( gin 2008, addressed as follows: JO A REICHARD 551.0 SILVER CREEK DR MECHANICSBURG PA 17050 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff Case No. 08-2265-CIVIL TERM vs, JO A REICHARD I I Defendant IMPORTANT NOTICE TO: JO A REICHARD 6314 SALEM PARK CIR MECHANICSBURG, PA 17050 Date of Notice: Jq I .YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE . . PERSONALLY OR BY ATTORNEY AND FILE IN. WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. By: ?1?Zu.?.Lt.kx9dr.4,? Patrick Woodman P A I D # 34507 WELTMAN, WEINBERG & REIS CO., L.P.A. .436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) NA Plaintiff No. 08-2265-CIVIL TERM VS. AMENDED COMPLAINT i JO A REICHARD Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5790458 c IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) NA Plaintiff VS. JO A REICHARD Defendant Civil Action No. AMENDED COMPLAINT IN CIVIL ACTION 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 ON AGENICES 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 ST CARLISLE PA 17013 717-249-3166 AMENDED COMPLAINT 1. Plaintiff is a corporation with offices in 15000 Capital One Drive Richmond Va 23238. 2. Defendant is residing at 5510 Silver Creek Dr, Mechanicsburg Pa 17050. 3. At all times relevant hereto, Plaintiff was engaged only in those activities, including transacting business in interstate commerce, that shall not be considered to be doing business in this Commonwealth, as defined by 15 Pa.C.S.A. § 4122. 4. Defendant applied for and was issued a credit card by Plaintiff bearing the account number xxxxxxxxxxxx4905. Defendant applied for the Credit Card. Attached hereto is a true and correct copy of the application marked as Exhibit "1". 5. The aforesaid account is subject to the terms and provisions of the written customer agreement. A true and correct copy of Plaintiffs written customer agreement which was mailed by the Plaintiff to the Defendant, and which agreement was received by the Defendant, is attached hereto, marked as Exhibit "2" and made a part hereof. 6. Defendant used the aforementioned credit card to purchase goods, merchandise and services. 7. Attached hereto, marked as Exhibit "3" and made a part hereof are true and convect copy of a monthly statement on Defendant's aforementioned account, dated October 28, 2005. 8. Pursuant to the terms of the agreement between the parties, Defendant agreed to make monthly payments on the outstanding balance on his account. 9. Defendant is in default of the agreement between the parties by failing to make the monthly payments when due. 10. The balance due and owing to the .Plaintiff on the aforementioned credit card account as of October 28, 2005 was $880.66 11. Pursuant to the aforesaid customer agreement, unpaid balances on. Defendant's account are subject to the addition of finance charges at the rate of 27.74% per annum. 12. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands judgment in its favor and against the Defendant, Jo A Reichard, individually, in the amount of $880.66, with interest at the rate of 6.0% per annum from date of judgment, plus costs. Respectfully submitted, r Jambs C brodt, 42524 WEL , WEINBERG & REIS CO., L.P.A 436S e en Avenue, Suite 2718 Pittsb PA 15219 (412) 4-7955 FAX 412-338-7130 WWR# 5790458 This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities, that he is an attorney for the Plaintiff herein and makes this Verification based upon the facts as supplied to him by the Plaintiff because the Plaintiff is outside the jurisdiction of the court and the Plaintiff s Verification cannot be obtained within the time allowed for the filing of this pleading; and that the facts and circumstances set forth in this pleading, are true and correct to the best of his knowledge, information and belief. V ? C l ^ 40 J2 v ?v t V Q 4.0 M A .Q O ? e O ? •?+ ? l N ?-0 O M L 5 C A V C- E = 6. r V a z A MEMO a ri 0 N H ? D r y Q b x a cn cq '' a o D E e?1 , o A $A 0 co st 6% a o CLV f r_ v J'" `° d Q a _ ?E .? K' € V w- 0 $ O a " w VA o !_' ? (r X: ?1 11% rte! V r $_ s go CO =0 zas a OHIO q G• op I 11 INN 1NI0 N CUSTOMER AGREEMENT lcome to Capital OneA We are pleased to open your credit card account This eernent contains Information about your account Please read t and keep it lor your )rds. In ids Agreement the words 'you: your and 'yours' refer b each person who fed the application and to anyone else who uses the account in any way. Each of you idividually and 'pinny obligated under this Agreement The wads %n, -us, and 'our 3n Capital One Bank and It successors or assigns. We can delay enforarig our right her this Agreement without kukg them ng Your Account. You can make purchases and obbin cash advances (t we have you that cash advances are an option for your ac counQ by using your card. account nber, and any account access docks (mckrdkrg Purchase Checks, Convenience ado, Special Transfer Checks and otter similar checks) that we may send b you. en we provide you with account access docks, we will tell you whether they will be Iced as purchases, cash advances, or special transfers. Unless we tell you otherwise, rveniernce Cthecis wit always be treated as cash advances. jr card or acoounl Cannot be used In connection with any intemet or legal gambling sadions. Your card and &MOW may only be used for valid and lawful puaposes. if use, or allow sornedne also b use, the card or account for any inponiftble pose, you wi be msponsbie for such use and may be required to mknburse us and sterCard Intematonai kxorporafed or Visa USA, krc.. as appkabie, for of amounts or enses we or they pay as b rheum of such knpermiesbie use. h agree that we are not respansbie If anyone mkm b honor your account If you do use Your account You may cancel t by caWtf mg Customer Robtlons department i destroying Your card(s) and account access deft within 30 days after you receive A Equivalent Transactions. If Cash advances 'are an option for your account you • use your sccout b purchase tams that are thirty conveftle to cash. These cash "lent transactions will be treated as cash advances and will be Mod to the cash 'ante segment of your account Cash equivalent transactions Include the purchase of a transfer money orders. bet, lodwy k kets, casino gaming caps, and otter sumoar duds or services. r Credit Umit You were laid your creed &M when you operod year account you h may have different cad limits that apply to different segment of your account Ji as p=hases, cash advances, aid special transfers). These ova firnjt will be htified on your periodic statement. You agree b make purchases or obtain Cash ance$ only up to the relevant credit Gat We may Increase or decrease your credit Is at any lime. may Hurt to amount that is available for cash advances, or may Jude cash advances entirely from your account We may how hmadons In excess W credit Ifrnlt em x hose tranSeCtions result In an worfimt W. and those wsacdions and fees will be covered by thie Agreement dng Payments. You promise b pay us at amounts due resuting from the use of your ouht indudlhg any finance charges and other dirges due under On terms of this eanwnt Payment must be reads in U.S. doles. Payments made by a negotiable rumen( such as a check or a money order must be in a form acepfabfe to to and be m on a U.S. financial insfiluffm We may atocate psymermt among the various menu of your account in any way we dekrmkm must pay at feast the minimum amount due by to date nopsted on your stab ont void a lams payment fee. However, you may pay morn than the minimum payment or the balance in RA In arty case, finance charges will m n&m to be assessed during g periods that you carry a balance regardless of wvhether, or not your statement v3 a minimum payment due. can accept lab payments or partial payment or docks and money orders marked mat in fur or olher similar language without losing any of our rights under thB :anent indudig our right to receive payment in full, odic Statement Each month you have a balance in your account we Will send you 'lament showing all transactions tailed in your accout during the billing period. The g period is the time from one statement dosing dote trough and k4t*V the next Mont dosing date. The statement closing dale determines the mhonill of a specific I period. For example, your January bang period a the bulling period wide the rent dosing dab In January. ice Charge Informatim race Period You will have a minlraxn grace period of 25 days wiout fnanco o on new purchases, new balance trars*% new special purchases and new otter 'a+ M YOU Pay Your total New Balance as shaven on you[ periodic statement in fro 1 time for it b be credited by your nod statement cbsig dots. There is no grace f on Cash advances and special Vansfsrs. In addition, Y you did not pay the btal Balance from the previous Wing 4tatamer1t In fun and in time for it to be credited by hex( statement dosing dale, there is no grace period on any transacem caving Finance Charge. Transactions which are no( sub)ed to a grace period are Sed finance charge as fodcwvs: sadlons made duukhg,the current Wing period: from the transaction date. Ited transactions and transactors made with account access checks: from the date ahcacton is processed to you account sactions made prior to the current billing period: from the first calendar day of the it billing period. matt', t you did not pay the New Balance from the previous bMhg period in full, s charges continue b accrue b your unpaid balance until the unpaid balance is . R./ 7LL -___ k?. ..?.. - _nw - _. . .. VjW1 Z-11 To get the daily balance for each segment of your account, we take the beginning balance for each segment and add any new hnsacdons and any periodic finance charge calculated on the previous days ba4m for that segment We then subtract any payments or credit posted as of that day that are allocated b that segment This gives us the sepamb dally balance for each segment of your account. However, If you paid the New Balance shown on your previous statement In full (or o your New Balance was zero or a credit amount), new transactions which post b your Wrchasa or spacial purchase segments are not added b the dally balances. To calculate your tonal finance charge, muitply your average dally balance by the dally periodic raft and by the number of days in the titling period. Due b rounding on a dally basis. two may be a sight variance between this cakatlatfon and the amount of finance charge actually assessed. F. Cash Advance Fee. t a cash advance fee applies b you acaorml, you were bid the tee when you opened your account. The fee will be charged each time you obtain a cash advance and will be added to the cash advance segment of your account and will reduce you avak* ovdK The arrouad of the cash advance tee will be added to other finance charges on your periodic statement for the purpose of calculating the annual percentage rate disclosed there. This may cause the annual percentage rate disclosed on your statement to be greater than the annual percentage rate that was disclosed to you when you opened your account G. Tanporay Red c bn In Fironce Charge. We reserve the right to not assess any or all finance chages for any given dFag period. Other Fees and Charges. The ktlowving fees may be billed b the purchase segment of your account unless otherwise specified, In every billing period in which they apply: lab payment lee t we do not racelve your payment in fine for it to be credited by the following statement closig date; owerfirrdt tee if your account (or any segment of your account) goes or slays above any temporarily or permanently assigned credit funk, even o we approved the overfrrit amount at any time during the biBrhg ante (regardless of whether you went overGrrdt as a result of a bansadton, lance charge, or any other fee or dhnrge? returned dw* fee. Imposed every tine a check is returned to us for any reason, or i< we cannot honor your Account access chocks for any reawo and copying larger for dupicate copies of traruactons or stafanernt unless required for billing dispute resolution. These fees and charges will not be assessed o you billing address was in Purerb Rico when yokr account was opened. The tee and charge amounts ware disclosed b you when you opened your account If any of case fees or dirges are charged suineWent to your account opening, you will be advised of the new amount. We reserve the right b waive these fees without prior not Mraton to you. Membership Fes. I' your account has a membership lee, it was dbdosed to You when You opened Your account The fee will be billed to tits pundhase segment of your account. Credit Bureau Inbrmadon. You agree that we may obtain your credih Infomaton tram credit reporting agencies at any lime for the purposes of montorig your credit pedmnance, managing your account and ainsidering you for new offers and programs. Future Offers. The terms of any Wre oiler will be disclosed to you at the time the offer Is made. It you accept an otTK the terms will become effective knrtmeriatdy unless otherwise spedw in the offer. Dehult We may consider you to be In debut under dhir Agreement ii: (a) you tall b pay Be mmkmiram payment an time, (b) You exceed your credit unit or (c) you pay us with funds that ant renamed for any raisin. To the extent permitted by law. you may also be In dsfaut under its Agreement It (1) you violate any of be otter lerms of this Agmer nalt or any of the lens of any other agreement with us or any of our affitates, or (2) you made any false or mWeadirg statements on your apptcaton, or (3) bankruptcy or other im*wlcy proceedings are Instituted by you or against you. After you are In default (or after we gW you any notice of or right b cure the debut fi requrad by larwj we may restrict your account from now transactions. or dose your mount and demand immediate payment of the entire outstanding balance. In addtbn, as a result of the detacdl, your minimum payment may increase widodd advance notice. To the ardent permitted by law. you agree to pay all court costs and collection expenses hared by us In the collection of any amount you we us under this Agreement h you debut and we refer your amount for cDibctlon b an attorney who is not our salaried employee, to the extent permitted by jaw, you agree b pay reasonable atomeye fees. You also agree to pay any cost we may inch in retriwaig Your cards. Ihdudig any costs we may incur by having your CMDI! account placed on a restricted fns ff You Close Your Account You can request to dose your account by ca ft our Cuslorw Relations department You must destroy ell cards and ML t - - access checks, cancel all preauthorized tiring arrangements, and cease using your account If you do not cancel preauthortzed billing arrangements, we wig Consider receipt of a charge you authat Mfr to reopen you account Additonety, your account will not be dosed unto you pay al amaads veer e,ve 3. AcclvkV Finance Charge. Transactions which are not subject to a grace period are assessed fwdnce charge as follows: eTransactions made during the current billing period: from the harhsactiori date. -Undated transactions and transactions made with account acc a checks: from the date the transaction is processed to your account .Transactions made prior to the current billing period: from the lust calendar day of the anent billing period. %dd?fionally, il you did not pay the New Balance from the previous billing. period In full, inane charges continue to accrue to your unpaid balance until the unpaid balance is said in full. This means that you may sail owe finance charges, even I you pay the entire 4ew Balance indicated on the front of your statement by the nebd statement dosing date, set did not do so for the previous month. Unpaid finance charges are added to the hpplicable segment of your account A, hkan Finarme Charge. For each biting period that your account is subject to a inane charge, a minimum toW finance charge of $0.50 wig be imposed. If to total inane charge msuffng from the application of your periodic rate(s) is less than 50.50, ve will subtract that amount from the $0.50 minimum and the difference will use billed to he purchase segment of your account. ). Periodic Rates. We determine the daily periodic rate by drvidig the annual penmtage ate by 365 and mundng k to the nearest i11 00,0001h of M The rate may be different x each segment of you accent (e.g., dash advance, purchase, special purchase, and special transfer il applicable for your account). You were bid the daily periodic rate(s) lien you opened your acdourt and it appears on your statement :. Calculating Finance Charge. France charge is calculated by multiplying the daily. lalance of each segment o (your acdount(e g, rash advance, purchase. special transfer, ,nd special purchase) by the cormspondng dally periodic rate(s) that has bun ,revkusly disclosed to you. At the end of each day during the biting period, we apply the aly periodic rate for each segment of your account to the daily balance of each egrnent Then at the and of to bung period, we add dip the results of these daily alarlations to arrive at you periodic finance charge for each segment We add up the nults from each segment to arrive at the total periodic finance charge for your account remerd wAfor temporarily or pemnne * suspend your cred$ prkilW= This ides, but is not Il ited to, sihratiohs where you have violated ft Agreement or where iave reason to doubt yow credboftm Your obligations under this Agreement inue after your rights to oblan credit have been terminated or vispended. We may y in enforcing our rights under this who is not our salaried employee. to the extent permitted by law, you agree to pay reasonable attorneys' fees. You also agree to pay any costs we may incur in retrieving your cards, including any costs we may incur by having your account placed on a restricted list If You Close Your Account You can request to dose your account by calling our Customer Relations department You must destroy all cards and account access checks, cancel all pmauthorized billing arrangements, ft cease using your account If you do not cancel preauthorized bang arrangements, we will consider receipt of a charge your autrortzation to reopen your account Additionally, your account will not be dosed until you pay all amounts you owe us including: any bansadlons you have authorized, finance charges, late payment fees, overli t lees, returned check fees, cash advance fees and any other fees assessed to your account You are responsible for these amounts whether they appear on your account at the time you request to dose the account or they are incurred subsequent to you request to dose the account This may result in charges appearing on your account after you have requested the a= nt to be dosed or the reopening of your account I N has already been dosed. For example, if you authorized a purchase from a merchant and we receive the transaction from the merchant after your account has been dosed, your account will be reopened, the amount of the charge will use added to your account and you will be responsible for payment if there is a membership fee for your account the fee will continue to be dnarged, to the extent permitted by law, until the accent balance has been paid in full as defined above. If you want to stop an authorized unes access to your account, you must cal our Customer Relations department and destroy the usees card (d any) and any account access checks he or she may have. I you are unable to destroy that person's card and account access checks, and you ®1 our Customer Relations department to dose your account your account will be dosed and both you and the joint cardholder, if any, may apply for a new account If we dose the accent, you and the joint cardholder, I any, will still be fable, individually and together, for at amounts charged to your account If We Cancel Your Account or Suspend Credit Prtvtleges. We may at any time, with or without cause and with or wtinout advance notice, terminate this Prpeoplepc- online A better way to Internet. J 5x faster??t a • '? ? AoceebraBDr dorala sat ft/aaww-.eeoatdtlr 1-888-587-9669 • • Mention Offer Code: COIN Visit www.peoplopc.com/go/coin Cap/ oW * PLATINUM VISA ACCOUNT OCT 22 - NOV 27, 2005 4862-3625-4008-/905 PaveI of 1 Amount Stmmua7 Payments, CeetTtn sad A4wtt Bents Prrvloos Blom 813134 0 4 Crshs and Adjueanenu L00 ; Transactions ; ? $19.92 1 27 NOV PAST DUE FEE 129.00 New Branco 8180666 Take control and Myoa CopW Ono eadit card bid edim for free. Mwinae the hrde of Miaimsm Alaount Due 8180.66 vexing cbecia, finding --pa and -dog iawlepa Erarytlwq you need to amwk mww Our Web sae offers ou a cmvenknt sim le a1d eleue vra wleble on inc 0 i d Payment Dw Data Dwamba 27, 2005 . y y , p s a pay ymr an * www.npitalone.cer and Mr- ym auatst to start impiifyine unt V Tod Credo line fS00 ;:7. Tod Ave!Ak Cw k L00 Crdit Lim for Crh 8500 As a vllwd Copad Om coaaa ar, yea we ellgibk to. acairae a free Yaw-End Sammay fa this AnrlaHe Crda fm Cart L00 spedite ==at that me" your 2005 chreay ponied yua amount is is good audio, ud yea bm mach truawdom dwing the Wonder yav. Plow eE 1-177-791-4417 befun mbr farthis ommat We be rmeaio odes is janm 2006 v in our co 2005 21 Atyowea pke g . e y py p e y , to rew , T? adlCasealer 11eLti.r r/a!•P/•t a lrtr aW-oak You vue anowd a prt due fee of 829:00 on 11/27/2005 beearw year miaimum payrmta wa no To avoid dim fee in the finom we rocoaumnd tha you the due date of 1LWA0 mad b 1-NO-903-3637 . re y allow atkaa 7 bu/ineu dap for yaw peymatt to reach Capital Onc per fray 0" -M •ir sad ap1Or alalrf eRea, 3q M tar www-pitlLaafr Sfad pqumft 1 t 30d 16VWO tat Ann Rsiua Pmawult Cspdoael-k C40irl0af P.O."7fa m P.OLAw311M St Laai4140 63179-a SLC, Vr SU16436 ?F'_ ? I'?ante Phafrre/eew/eaJf/iri iyiralat il a • f felt _ ^ p 4C rr r . . I P V ? L 11fil os 8 ?"" ? L V LOS ANNUAL PERCENTAGE RATE applied thisperiod 27.7191 PLEASE RETURN PORTION BELOW WITH PAYMENT T :apUWQW 0000000 0 4862362540084905 27 0880660000000880662 q"lar!^'•r"'?a[?td+?ra/dirr•ww71i.r3w J•rlwaaiyJriwrilmF st Now Belems (180.66 bf6dtusm Amour: Due 318466 so" Aw ! Pgmot Due Dar Da vaber 27, mw 07 tan 32P Tad stdawd 8 Heaere.r Aaawu 74r AcamaNumbrt 4461-362 4001-49QS eer- Capital One Bank P.O. Box 790216 lllulullnllunllll St. Louis, MO 63179-0216 1#111II1111f11111l1l11lirll!!I/l1111I1111U1lII1111111111/?11 #90331096629365181 MAIL ID NU3EER JO A REICHARD a 5510 SILVER CREBR OR ,°. s NECHANICSBORO PA 17050-1961 N O aaaaaaa O 111 r UNLIMITED INTERNET ACCESS PeoplePC Online offers the features you would expect from higher-priced Internet Service Providers, Including: 19 Virus Protection imwww by Symantw- ® Pop-Up Blocker'rm * Spam Controls ®e Smarter Smart Dialer Technology o (l More Email Addresses 4W % Internet Call Waiting Pr-If etrVf yafl amnaw aaaalsla yeY1 cdatt A11111a?yfr?d0•AladlrlaJwfllf L "'7f? ?IYBalft aa/araf/ NI r6fnlrrwlaa/lebfa 1 PwprPC r Wry raa; I l fQ ft o1K wd r tat &4k W was Capllr Ons, Capar Ono dos nal p ovkK rear a gamy., and r not dare wW aw mold w mm down hrb ft VmW mb.ttnl m hrsn w moldy awmd by Um no " aft N d¢ia naanmd By sir polklrq N We d1K yoe may to moo ia" nrmrim l nli - 0" yard Ydm ampo,y " poft.. mr prod. b.x&TO.,bryo. am r cmu Di. o?,.. peo p ne epc o ?won (]ells flrtt 7 msdfs as hire d $437 pr ffw* WA Pr MrA Naade ar all" Y now A better way to Intemet. u 1, wo Any waPhanladaiafrS*wsWW*fa$1.95wmbua W mamas affK t>Ilr *f N at a1y tP=dmw is from r 12 ma&a Otte good lar bred Irr Mr Me fast 12 mil Bm Amelydad w*A wa sdmsusoMy rmyOn fl tw aandad PmopbFC Onira aryka OM aW+d b dmya r arytlnM YIM PaaptPC 01'ww 0c dardod dd.o warm arwoa whr a.d ra IM W" Accdsora4 arrY web ptp 51 ad UNLIMITED A= is ' v v MM4 Atbal Istdr may vnlt Pstp11PC Oft Aearrd.d is o* arid Ha vifll PaapldC Itim Hsrd avn m SP2. ogdhd rwder.s ttowwra P?op.PC Cldint Aatratad r nat aalprEN ash VlblmwaB 1S w6h k INTERNET ACCESS ? n? 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WOO" . r irsfdior l lywr pi ! o yrm 11mw Ioo.ssbl is sip d marrmy.adwma I am P-6 Poll t DOOR .r &A* a dwhM~ r.•ar.f sir.yrsrrr 6 oM mom a DO" Mt 4%* w bwb M aw+.rra Mod alorrra 1 aml -' 10" to l.ap0a1 faM aaiwr fMrrladml Pd "I pawed" ar ow M adv. r. p.Mdr ray VOW rd h bawm Prdms sit M aarmM ar VOW dmet lry0yy.51. Q 11 raw pry, Prmr dow w Yaw 151 fin W imoss dYa" far pad ad-mv. hddev% oe;INY.. lac a0mat. w wits a aoa•twas dseoaplia a.rwr dmha Nrahni M 4 .mom .0.K0. by smo.ena des it M oomr prr.w h tlorosrr. Vas ."emir ? T ri,?•. Q P? j c°? ,?, r? 1? ?.,..y ?""` d7j. •? `" -,?. ._ -.: ?? _? t?; ? CAPITOL ONE BANK, (USA) NA Plaintiff VS. JO A. REICHARD, Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-2265 IN CIVIL ACTION CERTIFICATE OF SERVICE I, Jo A. Reichard, hereby certify that a true and correct copy of Defendant's Preliminary Objections to Plaintiff s Amended Complaint was served on the Plaintiff by regular U.S. Mail, postage prepaid, this 3rd day of February, 2009, addressed as follows: Patrick Woodman WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburg, PA 15219 QP a, Z?Aa4 Jo A. Reichard CJ r" Co C ('. MAN (5m -.J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) NA Plaintiff VS. JO A REICHARD Defendant No. 08-2265-CIVIL TERM SECOND AMENDED COMPLAINT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5790458 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) NA Plaintiff VS. JO A REICHARD Defendant Civil Action No. SECOND AMENDED COMPLAINT IN CIVIL ACTION 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 ON AGENICES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 SECOND AMENDED COMPLAINT 1. Plaintiff is a corporation with offices in 15000 Capital One Drive, Richmond VA 23238. 2. Defendant is residing at 6314 Salem Park Cir, Mechanicsburg Pa 17050. 3. Effective March 1, 2008, Capital One Bank, a Virginia state-chartered bank, converted to a national bank charter and changed its legal name to "Capital One Bank (USA), N.A.". 4. At all times relevant hereto, Plaintiff was engaged only in those activities, including transacting business in interstate commerce, that shall not be considered to be doing business in this Commonwealth, as defined by 15 Pa.C.S.A. § 4122. 5. Defendant was issued a credit card by Plaintiff bearing the account number xxxxxxxxxxxx4905. A true and correct copy of application is attached hereto, marked as Exhibit "1" and made a part hereof. 6. The aforesaid account is subject to the terms and provisions of the written customer agreement. A true and correct copy of Plaintiff's written customer agreement which was mailed by the Plaintiff to the Defendant, and which agreement was received by the Defendant, is attached hereto, marked as Exhibit "2" and made a part hereof. 7. Defendant used the aforementioned credit card to take cash advances and to purchase goods, merchandise and services. 8. Attached hereto, marked as Exhibit "3" and made a part hereof are true and correct copies of the monthly statements on Defendant's aforementioned account, dated March 4, 2005 through October 28, 2005. 9. Pursuant to the terms of the agreement between the parties, Defendant agreed to make monthly payments on the outstanding balance on his account. 10. Defendant is in default of the agreement between the parties by failing to make the monthly payments when due. 11. The balance due and owing to the Plaintiff on the aforementioned credit card account as of October 28, 2005 was $880.66. 12. Pursuant to the aforesaid customer agreement, unpaid balances on Defendant's account are subject to the addition of finance charges at the rate of 27.74% per annum. 13. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands judgment in its favor and against the Defendant, Jo A Reichard, individually, in the amount of $880.66, with interest at the rate of 27.74% per annum from October 28, 2005 to the date of judgment, plus costs Respectfully submitted, WEINBERG & REIS CO., L.P.A Y:412 rmbrodt, 42524 Avenue, Suite 2718 A 15219 55 38-7130 8308 This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. CERTIFICATE OF SERVICE I, James C Warmbrodt, hereby certify that a true and correct copy of the Second Amended Complaint was served on Defendant by regular U. S. Mail, postage prepaid, this Q?' day of 2009, addressed as follows: JO A REICHARD 6314 SALEM PARK CIR MECHANICSBURG PA 17050 Continue to save by transferring balances Choose the card that suits your style. ? ? Please place your card choice here from the stickers provided. if you do mat place a sticker on this form, you will receive the Platinum design. 23. ® Animal Incdmds Please print dearly in black or blue ink. Social Security Number Date of Birth - ©?e g ! ohs 1 S? t Total usehold Income Home Phone s AmxWAo (OpnWW) MI Send m<a RWE addNlenar Wd ft- PrW autt p ed UWel NAM r lust Na Last Name 1 ItaeerN IMPORTNt) pSCWSUeES, and Nana of OfM sseleted. inchidine U» prowi*n MWnq b m o:,d t4tlaeand a¢w b tR botad as ryedaed thveb. d 1 bare mmpleled the Nrskr KWefL I Iwe Mad and ayee to tlut mks eiornrfon welaMd.YUU ant aueur¢ed b ched mysnda and anplormem mlwy rho Wk, b nortVruMabk, A w/old?,delys. PkrxPa'?"?ar/i?nlwr?utlan raaue-uad/• Date sigma`-?Y J0 A. AeCtard r t i 8400.14 Please see Ile importtant Disclosures on the back of tbo letter for 9282 rate, fee and Whet cost i0oigion. See reverse for Capital One mailing address. YES! 1 run to trwow d» raeaaatq bab-0 wwaovk* my- to ncawe nw Ptiaacy Dbdoa tram GapiW Otte === aawtd iatonruoon Nanslets sdl be made onb U tM mtK reWesnd a -ro aedt line. Then b no fae for trartsfenirtq balances issn iro U I f! ?}'` rl-"'? cal ?L Account Dumber 7 `4J?p O l g '? l J? 3 Specific Amount to Pay t Ix . / D e? C? •1 ?/ O{ /3 Transfer up to 2 additional balances and save even more PIP, II& offer aspire: March 21, 2005 i Please correct name or addim if necessary. 8400014422301 014 014 J0 A. Reichard 5510 silver Creek Dr Mechanicsburg, PA 17050-1961 5790458 END CUSTOMER AGREEMENT one to Capital OneAD We are pleased to open your credit card account This ement contains information about your account Please read it and keep it for your ds. In this Agreement the words you; your" and 'yours" refer to each person who d the application and to anyone else who uses the account in any way. Each of you IM arid )Dingy DID%slad undei this Agreement The s "we. 'us'and'bnr- Capital One Bank and its successors or assigns. We can delay enforcirig our rights this Agreement without losing them. 1 Your Account You can make purchases and obtain cash advances (if we have Du that cash advances are an option for your account) by using your card, account er, and any account access checks (including Purchase Checks, Convenience cis, Special Transfer Checks and other similar checks) that we may send to you. we provide you with account access checks, we will tell you whether they will be d as purchases, cash advances, or special transfers. Unless we tell you otherwise, snience Checks will always be treated as cash advances. :arc or account cannot be used in connection with any Internet or illegal gambling actions. Your card and account may only be used for valid and lawful purposes. If se, or allow somedne else to use, the card or account for any impermissible se, you wolf be responsible for such use and may be required to reimburse us and rCard International Incorporated or Visa USA, Inc., as applicable, for all amounts or ses we or they pay as ti result of such impermissible use. gree that we are not responsible ti anyone refuses to honor your account If you do ;e your account you may cancel it by calling our Customer Relations department ?stroying your card(s) and account access checks within 30 days after you receive Equivalent Transactions. If cash advances are an option for your account you ;e your account to purchase items that are directly convertible to cash. These cash dent transactions will be treated as cash advances and will be billed to the cash ce segment of your account Cash equivalent transactions include the purchase of ansfer money orders, bets, lottery tickets, casino gaming chips, and other similar .is or services. 'redit Limit You were told your credit limit when you opened your account You ray have different credit limits that apply to different segments of your account as purchases, cash advances, and special transfers). These credit limits will be ad on your periodic statement You agree to make purchases or obtain cash :es only up to the relevant credit fimil We may increase or decrease your credit at any time, may limit the amount that is available for cash advances, or may e cash advances entirely from your account We may honor transactions in excess r credit limit, even I those transactions result in an overfimit fee, and those :lions and fees will be covered by this Agreement I Payments. You promise to pay us all amounts due resulting from the use of your it including any finance charges and other charges due under the temps of this nent Payments must be made in U.S. dollars. Payments made by a negotiable ient such as a check or a money order must be in a form acceptable to us and be on a U.S. financial institution. We may allocate payments among the various its of your account in any way we determine. ist pay at least the minimum amount due by the date requested on your statement f a late payment fee. However, you may pay more than the minimum payment or i balance in full. In any case, finance charges wig continue to be assessed during ?erk>ds that you carry a balance regardless of whether or not your statement a minkrwm payment due. h accept late payments or partial payments or checks and money orders marked !nt in fug' or other similar language without losing any of our rights under this rent including our right to receive payment in fug. is Statement Each month you have a balance in your account, we will send you nent showing all transactions bilged to your account dung the billing period. The veriod is the time from one statement dosing date through and including the next :nt dosing date. The statement dosing date determines the month of a specific )eriod. For example, your January billing period is the billing period with the int closing date in January. e Charge Information. ;e Period. You will have a minimum grace period of 25 days without finance an new purchases, new balance transfers, new special purchases and new other if you pay your total New Balance as shown on your periodic statement in fug ime for it to be credited by your next statement dosing date. There is no grace in cash advances and special transfers. In addition, tf you did not pay the total lance from the previous billing statement in fug and in time for it to be credited by .t statement dosing date, there is no grace period on any transaction, ring Finance Charge. Transactions which are not subject to a grace period are d finance charge as folbws: ctions made during the current billing period: from the transaction date. d transactions and transactions made with account access checks: from the date ;adfon is processed to your account ctions made prior to the current billing period: from the first calendar day of the Afing period. ally, If you did not pay the New Balance from the previous bilging period in full, charges continue to accrue to your unpaid balance until the unpaid balance is A. This means that you may still owe finance charges, even if you pay the entire .... N.., (.,,,.f ,.f ,,,.,,, c+af-f f- fh. novf ef.i.-f,4-i- riot. To get the daily balance for each segment of your account, we take the beginning balance for each segment and add any new transactions and any perbdic finance charge calculated on the previous day's balance for that segment We then subtract any payments or credits posted as of that day that -are a0eeale-ft' t segrnent Thus gives us the-separate4a0y balance for-each segment of your account However, lt you paid the New Balance shown on your previous statement in full (or if your New Balance was zero or a credit amount}, new transactions which post to your purchase or special purchase segments are not added to the daily balances. To calculate your total finance charge, multiply your average daily balance by the daily periodic rate and by the number of days in the biffing period. Due to rounding on a daily basis, there may be a slight variance between this calculation and the amount of finance charge actually assessed. F. Cash Advance Fee. If a cash advance fee applies to your account, you were told the fee when you opened your account The fee will be charged each time you obtain a cash advance and will be added to the cash advance segment of your account and will reduce your available credit The amount of the cash advance fee will be added to other finance charges on your periodic statement for the purpose of calculating the annual percentage rate disclosed there. This may cause the annual percentage rate disclosed on your statement to be greater than the annual percentage rate that was disclosed to you when you opened your account. G. Temporary Reduction in Finance Charge. We reserve the right to not assess any or all finance charges for any given billing period. Other Fees and Charges. 1 ne IDllowing tees may De billed 10 the purchase segment of your account, unless otherwise specified, in every billing period in which they apply: late payment fee lt we do not receive your payment in time for it to be credited by the following statement closing date; overtimit fee 'd your account (or any segment of your account) goes or stays above any temporarily or pemnanently assigned credit firrA even it we approved the overfimit amount, at any time during the billing cycle (regardless of whether you went overtimil as a result of a transaction, finance charge, or any other fee or charge); returned check fee, imposed every time a check is returned to us for any reason, or if we cannot honor your account access checks for any reason; and copying charges for duplicate copies of transactions or statements unless required for billing dispute resolution. These fees and charges will not be assessed if your billing address was in Puerto Rico when your account was opened. The fee and charge amounts were disclosed to you when you opened your account If any of these fees or charges are charged subsequent to your account opening, you will be advised of the new amount We reserve the right to waive these fees without prior notification to you. Membership Fee. If your account has a membership fee, it was disclosed to you when you opened your account The fee will be billed to the purchase segment of your account Credit Bureau Information. You agree that we may obtain your credit information from. credit reporting agencies at any time for the purposes of monitoring your credit perfomiance, managing your a=unt and considering you for new offers and programs. Future Offers. The terms of any future offer will be disclosed to you at the time the offer is made. If you accept an offer, the terms will become effective immediately unless otherwise specified in the offer. Default We may consider you to be in default under this Agreement if. (a) you fail to pay the minimum payment on time, (b) you exceed your credit gmlt, or (c) you pay us with funds that are returned for any reason. To the extent permitted by law, you may also be in default under this Agreement it (1) you violate any of the other teens of this Agreement, or any of the terms of any other agreement with us or any of our affiliates, or (2) you made any false or misleading statements on your applcation, or (3) bankruptcy or other insolvency proceedings are instituted by you or against you. After you are in default (or after we give you any notice of or right to cure the default if required by law), we may restrict your account from new transactions, or dose your account and demand immediate payment of the entire outstanding balance, In addition, as a result of the default, your minimum payment may increase without advance notice. To the extent permitted by law, you agree to pay all court costs and collection expenses incurred by us in the collection of any amount you owe us un e Agreement If you default and we refer your account for collection to an attorney who Is rot our salaried employee, to the extent permitted by law, you agree to pay reasonable attorneys' fees. You also agree to pay any costs we may incur in retrieving your cards, including any costs we may incur by having your account placed on a restricted list If You Close Your Account You can request to dose your account by calling our Customer Relations department You must destroy all cards and account access checks, cancel all preauthorized billng arrangements, and cease using your account If you do not cancel preauthorized bllfng arrangements, we wig consider receipt of a charge your aUftTIZation to reopen your account Additio fly, your account w10 not be dosed until you pay all amounts you owe us including: arty transactions you have authorized, finance charges, late navmanf fan_e. nvarfimit faa_c rammed check fees. cash arfvanrp far±a and anv Accruing Finance Charge. Transactions which are not subject to a grace period are sessed finance.charge as follows: nsactions made during the current billing period: from the transaction dat a e. ndated transactions and transactions made with account access checks: from the date transaction is processed to your account ansaccfions made prior to the current billing period: from the first calendar day of the rent billing period. _ ditionally, K you did not pay the New Balance from the previous billing. period in full, nnce charges continue to accrue to your unpaid balance until the unpaid balance is d in full. This means that you may still owe finance charges, even if you pay the entire N Balance indicated on the front of your statement by the next statement dosing date, did not do so for the previous month. Unpaid finance charges are added to the Acable segment of your account Minimum Finance Charge. For each billing period that your account is subject to a trice charge, a minimum total finance charge of $0.50 wig be imposed. If the total once charge resulting from the application of your periodic rate(s) is less than $0.50, will subtract that amount from the $0.50 minimum and the difference wr31 be billed to purchase segment of your account 'adodk Rates. We defermkne the dally periodic rate by dividing the annual percentage by 365 and rounding it to the nearest 1/100,t1001h of 1%. The rate may be different each segment of your account (e.g., cash advance, purchase, special purchase, and cial transfer 9 applicable for your account). You were told the daily periodic rate(s) m you opened your accbunt and it appears on your statement Calculating Finance Charge. Finance charge is calculated by multiplying the daily ince of each segment of your account (e.g., cash advance, purchase, special transfer, special purchase) by the corresponding daily periodic rate(s) that has been piously disclosed to you. At the end of each day during the billing period, we apply the y periodic rate for each segment of your account to the daily balance of each menu Then at the end of the billing period, we add up the results of these daily ulations to arrive at your periodic finance charge for each segment We add up the rlts from each segment to arrive at the total periodic finance charge for your account rent and/or temporarily or permanently suspend your credit privileges. This m, but is not limited to, situations where you have violated this Agreement or where ve reason to doubt your creditworthiness. Your obligations under this Agreement ie after your rights to obtain credit have been terminated or suspended. We may n enforcing our rights under this who is not our salaried employee, to the extent permitted by 'aw, you agree to pay reasonable attorneys' fees. You also agree to pay any costs we may incur in retrieving your cards, including any costs we may incur by having your account placed on a restricted list If You Close Your Account. You can request to close your account by calling our Customer Relations department You must destroy all cards and account access checks, cancel all preauthorized billing arrangements, and cease using your account If you do not cancel preaufhorzed billing arrangements, we wig consr recenp o a charge your a onza on o reopen y)ur account.- Additionally, your account wig not be closed until you pay all amounts you owe us including: any transactions you have authorized, finance charges, late payment fees, overlimit fees, returned check fees, cash advance fees and any other fees assessed to your account You are responsible for these amounts whether they appear on your account at the time you request to dose the account or they are incurred subsequent to your request to close the account This may result in charges appearing on your account after you have requested the account to be dosed or the reopening of 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 your account has been closed, your account will be reopened, the amount of Die charge will be added to your account, and you will be responsible for payment If there is a membership fee for your account, the fee will continue to be charged, to the extent permitted by law, until the account balance has been paid in full as defined above. If you want to stop an authorized user's access to your account, you must call our Customer Relations department and destroy the user's card (if any) and any account access checks he or she may have. If you are unable to destroy that person's card and account access checks, and you call our Customer Relations department to dose your account, your account will be closed and both you and the joint cardholder, if any, may apply for a new account If we dose the account, you and the joint cardholder, if any, will still be liable, individually and together, for all amounts charged to your account. If We Cancel Your Account or Suspend Credit Privileges. We may at any time, with or without cause and with or without advance notice, terminate this PLATINUM VISA ACCOUNT 4905 Accotmt Summary PreJwue Balance $.00 Paynlellb, Credits and Adjustments Roo Tnauctions $498.14 Fiance Charges $.00 New Bdanm $496.14 Mudmlua Amount Due $15.00 Payment Due Daze May Z7, 2005 Tow Credo Line $500 Total Avadabk Credit $1.86 CredIt Line for Cash $500 Available Credit for Cash $1.86 Atyouraetvke To al Cuoa Rcleu o or to rcput a loot or smlm and 1-800-903-3637 Forfla on/mssoaount. oad Tool aptaner offan, log on --pmlonemm Sadpaymmbto Send xr?q- W. Ame R-wo- Proouung Capital One Bank Capwl One Semaa P.O. Box 790216 P.O. Box 85015 St 1aw, MO 63179-0216 RKhmm4 VA23285-5015 MAR 04 -APR 27, 2005 Page 1 of 1 Paymcnt,, Credits and Adjustments Transactions 1 30 MAR SEARS ROEBUCK 2624 CAMP HILL PA $37722 2 10 APR EXXONMOBILIS 09655580 CARLISLE PA 3125 3 12 APR WINE &WiRPMS2107 CAMP HILL PA 11.65 4 16 APR ShopNW 42424976 800-676-5523 MN 61.98 5 20 APR MONMOBIL7504209763HARRLSBUPA 10.02 6 22 APR HESS 38256 I EMOYNE PA 6.02 FnnrlmCharges Plew rewsende,FirmrportmOIq,6rmdion m t-?' r_? awa PURCHASES x00 .00000% 00% 8.00 CASH 3.00 .05751%P A"% :.00 ANNUAL PERCENTAGE RATE v0ied this Period 0.00% PLEASE RETURN PORTION BELOW WITH PAYMENT v 0000000 4905 27 0498140000000015006 Prwrxprw mdmda41-mAwrmnl4&v"klamwMMwrwH"Awk New Bolauce $496.14 Mmiamm Amaua Due $15.00 Sww Apt s Payment Duc Date May 27, 2005 Ga Soft 7m Total endosed $ Home Pl- Alwm?e l'Icoe AccountNumber. 4905 a >aaaaned<xr 5790458 #9011809662936519# MAIL ID N[I"ER Capital One Bank JO A REICHARD r P.O. Box 790216 Iu111n11111u11n111 ® 5510 SILVER CREEK DR 1 St. Louie, MO 63179-0216 MECHANICSBURG PA 17050-1961 1111uu1111111111111'111life 1111111111 fill 111111111111911/1/1 1 IIt111.11111111111111111111111111111 1111111111111111111 fell 5790458 rjearerroeymmwacmattffwnb70"Y'owoW or"10^yorAr jgk, 3V?kto CatwArOweAwAaidimd;mJheerdwdemrJepe. will 3 PLATINUM VISA ACCOUNT 4905 Account Ptevioiu Balance 3498.14 Payments, Credits and Adjustments $.00 Transactions M.991 Fuunce Charges $.00 New Belwa $581-13 Minimum Areaemt Due SSL13 Payment Due Date Tune 27, 2006 Total Credo Line $500 Total Available Credit 300 Credz Lux for Cash $500 Aw i aNe Credit fa Cash 3.00 Atyourservime To C01 Cuamnw Rdd*W or to rgiat a!oat or atolm and 1-800-903-3637 Forfra =Lna oocount aavra sad rPamol ouMana' o$ao, log as to www.°pblorwmm Seed Psymmb to Sad mqurua to: An., Rannbnm Pmoaang CaPml Ow Beek CaPWOne Saran P.O. Boa 790216 P.O. Box 85015 StLwa,MO63179-0216 Rdunond,VA23295-SMS Payments, Credits and Adjustments APR 28 - MAY 27, 2005 Page 1 of 1 Your achsdtded payment has not been received. Pkase remit the amount due appearing on this statement. If you have already made y- payment, please accept om thanks Transactions 1 16 MAY ShopNBC' 42424976.2 80Od76-5523 MN $24.99 2 17 MAY OVERLIMIT FEE 29.00 3 27 MAY PAST DUE FEE 29.00 You were assessed a past due fee of $29.00 on 05/27!9005 becanse your mini mom payment was not received by the due dace of 05/27/2005. To atotd this fee in the future, we recommend that you allow at least 7 business days for yar pay wfd to reach Capital One. Flussaxe Charges Xwe ice rowxmkfir rarfortmrt raim Bdmwa/i )4r,aLe Cmnyanlnr .ppFrlle tale PURCHASES $51&76 Atom .00% f,00 CASH 11.00 .657514tP 2099% $.00 ANNUAL PERCENTAGE RATE applied this paW 0.00% • PLCASC RCTURN PORTION BCLOW WITH PAYMCNT v CR 4905 27 0581130000000081139 0000000 Pkupnntmm6xddkArmrYar-inn! J/mysr hhmra?NwwiGe! m,E New Bakke $581.13 Minimum Amount Due $81.13 Sure Apt t Payment D. Dare June 27, Zoos Coq Sat TIP Total enclosed S HomePlws AlanatPlnoe AroamtNumber. 4905 EmdAddsm 5790458 #9014809662936516# MAIL ID NUMBER Capital One Bank 79 16 JO A REICHARD 5510 SILVER CREEK DR P.O. Box 02 St. Louie, MO 63179-0216 m MECHANICSBURG PA 17050-1961 c 5790458 Xweaslrcy, ax mw ronyo„ ermmky ffdr,a.t*wAkto Qwltwk x r? Account Prevkw Balance $581.13 Paymerrtk Credrtn and Adkwments $.00 Transactions $58.00 F'tomce Charges $10.84 New Balance $649.97 Minimum Amount Due $149.97 Payment Due Date July 27, 2005 Total CrednLime $500 Total Available Credit $.00 Crain Lim for Cash $500 Available Credit for Cash $.00 Atywtrservkx To call Curtomer Rdmom or to report a tat w maim card: 1-800-903-3637 F a freecalmsmW=temruemdV wlautorneroffsrtikront.x -.cq.td aeoom Send paymmb to S-4 mqL to Amu- Roma- Pnevama Cgad One Bank Capbl One Sa P.O. Ber 790116 P.O. Bur 65015 St Law, MO 61179-0216 R,dmm4 VA 23205-5015 PLATINUM VISA ACCOUNT 4905 MAY 28 - JUN 27, 2005 Page 1 of 1 Payatents, Crcdita andMiustrnents Tra mcdons 1 28 MAY OVERL1M7f FEE $29.00 2 27 JUN PAST DUE FEE 29.00 Capital One is proud to suppcat The Heart of Ameriraa Foundation, helping children learn to read, succeed and take a dnfference m the world. In 2003, we gathered nearly $1 million W0011 of books for children in need To learn more about how you can help a child make reading a lifelong passion, taw www.hewtofamermorg. -Important Notee"' Store your account was p? doe, your Annual Percentage Rams (A.P.Rs) have been increased as pronovaly dmdoeed. All other terms and conditions remain is full fora and effect Please be advised that under the tonne of }our account, your A.P.RA are suhXet to additional increases ifyou, far to keep your account in good standing. You were assessed a past due fee of $29.00 on 06/27/2005 because your n u imwn payment was not recinved by the due lose of 06127/2005. To avoid this fee in the fi.', ?.t reeommeod that you allow at least 7 bus mm days for your payarcm to reach Capntal Om - F'ammCharges Plom tee rewieidefir rs?orraur,x*=Ji -A-,- ?y(? a m PURCHASES $615.35 .05662%P 2174% $10.84 CASH 1.0o .05956%p 21.74% SAD ANNUAL PERCENTAGE RATE applied this period 20.74% PLEASE RETURN PORTION BELOW WITH PAYMENT v 4CW W 4905 27 0649970000000149977 0000000 PfswuPnNnanfngeldreuawj'wrmaldimrrn Mawaaar6diarwMeaFesrk New Balance $649.97 Minimum Amount Due $149.97 Soar Ar-a D D P 27 Zoos J r ate ayment ue , u y Cig Svc ZIP Total enclosed 3 Home Hart AtvaacPWse AacotuaNumber.. 4905 EmdAdda 5790458 #9017909662936511# MAIL ID NUMBER Capital One Bank 0 6 l ltlli l ! ! l i JO A REICHARD 5510 SILVER CREEK DR P.O. Box 79 21 St. Louie, MO 63179 n e u u rs s -0216 o c MECHANICSBURG PA 17050-1961 (sllserrllrsrrlllssrllelrrllrrrrrlr ltrrllrllrrrtrllrllrrlrrlr! ? Irrtlllsrslllrtrtlelsllrssrrtllleltssllrrtesllrsrllllsselulsrl Pdauru?inysa raaewrr nadrde.wr yoarr$ael rr nronry orle»rxaleprysdkro G/rJalOneBanF sad teal in Nrrnrlo?adem elofr 5790458 PLATINUM VISA ACCOUNT 4905 Account Summary Previous Balance $649.97 Paymen% Credda and A4ntmems $.OD Tramactioos $29.00 Finance Charges $14.58 New Balance $67355 Minimum Amount Due $19355 Payment Due Date Auguat 27, 2005 Too CredA Line $500 Total Available Credit $.00 Credit Line for Cash $500 AvatUble Credit for Cash $.00 At T.cd Cut.=Rdb-as to report a torto AA. ad. 1-800-903-3637 Forpro. online.ooount.uraoa and .P-d awtomee.ff m log on to a.wm,.opedoie.aom S"Ap.ymmbta S..a q ,ota Attn: R-dun a Proatrang Cape.1 Ono Bank Cspml One P.O. Bat 790216 P.O. Rur 30285 St. Lou, M0 6 3179-0216 SLC, UT 8430-0285 JUN 28 - JUL 27, 2005 Page 1 of 1 Paym=% Credits and A4lotmcata Ttatzeections 1 27 JUL PAST DUE FEE $29.00 Want to reduce your A.P.R.? lfwe recene your minimum moaddy paymem on time for the am six conxcctmve billing Periods, this account will be reviewed fen' aposa+ble A.P.R. dearax. "Important Notict Since you account wan past due your Annual Percentage Rata C&P.Rs) have been increased as previously disdowl All ocher tams and condmom remain in full force and effect "Notice of Chaoge in Account Terms" if your account is five or more days pax due within nix bdhng periods af0er beuig two or more days past due, a if we do not receive your mvumum mondAypaymart for two cDw=tie billing periods, all rates may increax to the Default APR previously dtaclosed to you. All other terms and condmom on your account remain in effect You were awned a plot due fee of x29.00 on 07/27/2005 berwx your minimum payment was not rasioed by the due dace of 07/27/2005. To void this fee m t1te future, we recommend that ym allow at lent 7 business days for yor Payment to reach Capital One. Fmo,ce Charges Plmrcmremiendel6r trnpwiw mfxvwhov: PURCHASES $656.98 .07399%P 26.99% CASH LOO .0nmp 26.99% $1458 $.00 ANNUAL PERCENTAGE RATE applied this period 26.99% PLEASE RETURN PORTION BELOW WITH PAYMENT GR 0000000 4905 27 0693550000000193557 FlsmrpnntllMIIAI j?YAtl1YRNMt(I/OIrH IYIROICN(G?fIIMAI.LF PLC New Balance $693.55 Mmimum Amount Due $19355 s? Apo m Payment Due Due August 27, 2005 C-y S„ ZIP Total endowd $ H-Pfa. Atkta.kPl- AccountNumber. &naaAdd- 5790458 #9020909662936516# MAIL ID NUMBER Capital One Bank ??1?1?11? ? l l i 1 JO A REICHARD N 5510 SILVER CREEK r n l n o l P.O. Box 790216 St. Louie, MO 63179-0216 MECHANICSBURG PA 170 7050-1961 O1 ? r till 111111111 1111111 111111111111 Will 5790458 PJaarewite,ym awfitiw.bmrmiym,AwxkmrmmiymrdmraiadepayiabletoCvtd!OneBankaidmailiit&mdaedartKbpe. PLATINUM VISA ACCOUNT 4905 Account Summary Previous Balance $693,55 Paymelm, Credits and Adjustments Tranwctioos $.00 $29.00 Finalue Charges $16.08 New Balsocc $73&63 Minimum Amount Due 123&63 Payment Due Date September 27, 2005 't'otal Credit Liao $500 Total AwiaNe Credit 1100 Credit lane for Cash $500 Awalabk Credit for Cash x00 Atyoursetvice or stdm a,cd: To.A Cuftma Rdst- or w rgvd a It 1-800-903-3637 Fa free oche aooount snnae osd,peaot asMma offers, log on ter. w,w.aap,esbneaom Sind psymmts to: Sad aqumo tat Arm: Raneulxc Pmoxang Cgdd Ona Bank CaPal Ona P.O. Bas 790216 P.O. Box 3029 St Law,, MO 63179-0216 SLC, lTf 84130-0285 JUL 28 - AUG 27, 2005 Page I of 1 Payments, Credits andAdiustmarts TrW=CdDng 1 27 AUG PAST DUE FEE $29.00 You were assessed a past due fee of $29.00 on 06!27/7005 because your muum,un payment was not mcdted by the due date of 08/27/2005. To avoid this fee in the future, we recommend that you allow at least 7 bunllela days for yaw payment to teach Capml One. Fmw=Cllatpea Plmtaranvvienkfi rimtmtant,nfo rma im f Bdarrr ? Ar,edr Cx, /o,,,G,? ?? l? N 'y?drJa .mar APPRR w ?3%6P $16.08 CA { SA 22&9 .07 &000 ANNUAL PERCENTAGE RATE applied this period 26.99% PLEASE RETURN PORTION BELOW WITH PAYMENT 0000000 4905 27 0738630000000238631 TT' srfnat^?g?a0ly0rMlWlttMlagkla,osYa1(16Maldlada,k New Balance $73863 Mrmmum Ammut Due SZ36 63 Sax, Ape i Payment Due Dote September 27, 2005 ah Sue ZIP Total endowd 5 Haax Pl?e Al?Pl- AcomaNumber 4905 En,OAddrm 5790458 Capital one Bank 11I111'II111' P.O. Box 790216 161 111111 St. Louie, MO 63179-0216 11 I1?'1111'1111'I?111?'II11?'III11'II111'?1'?11IIII'17111?IIIII #9024009662936511# MAIL ID NUMBER JO A REICHARD 5510 SILVER CREEK DR MECHANICSBURG PA 17050-1961 n I1/III?11/I??1111?1'1'IIi1111???1?1111 ?11IIIIlillll"IIIIIIIII r 5790458 P4azwunkyowaawWammkrmyavdratkarmmnyordererm ktayakktoCaprdOneBankandmadintbamrlaadenveApl: PLATINUM VISA ACCOUNT 4905 AUG 28 - SEP 27, 2005 Page 1 of 1 Account Sunin my Pests, Credits andAdjtutments Prcvi" Bolat" $73&63 Paymema, Credits and Adjustments $.00 Txamaetioxr9 Transactions $29.00 12 $17 1 27 SEP PASO DUE FEE $2800 Fumasce Charges . New Belt= $7B4.75 You was aammed a past due fee of $29.00 on 09127!2005 beca»se your minimum Payment was not To awid this fee in the fume, we rxommend that yw due eau of 09/2712005 j b th Mammum Amount Due $294.75 2005 b 7 . y e x.ce a allow at least 7 bimnwa days for yow payment to reach CaP'W One. Payment Due Dace , Octo er 2 'I'on! Credo Line $500 Total Avail" Credit S.00 Credo Line for Cah $500 Ava&W Cndat for Cash $100 At)uwserdice To ca Cwtoma Rdatuna or to report a lost or smlat card: 1-800-903-3637 For fins o dm w-wt raises and spend eutomeregan, lot on ea mbncoom www:ca p Sad prymmh to Sa,dnq-tan Atm: Rasamt-Pro s Cgm1 O-Rank C-FW Ono P.O. Bar 790216 P.O. Bor 3OA5 St Loma, MO 6317"216 SLC, LTP $4L'O-M lmoortant Account Information Twelve heroes of college athletics we competing Tor the honor of . One National Mascot of the eat - and you can bdp de°de who wins! Each week, the smsots go Lad-In-head in competition, WE only one will win ere coveted tide and $10,000 for then school. Go to capstalone.com where you can vote daily Z= vorme maim - and dont forget to time in to One Bowl on ABC on Monday, Jamsary2, 2006, to we who wmW n Finance Charges P14ws a reooxridrfirrmftMaar rn/6r-ion Rder>raar Carr ? ? pp6rlb 1A, rak PURCHASES 046.88 .07399%P 26.99% 617.12 CASH soo .07399%P 2&99% s.ao ANNUAL PERCENTAGE RATEsspplied thispaiod 26.49% ? PLEASE RETURN PORTION BELOW WITH PAYMENT v CR 0000000 4905 27 0784750000000284759 A'raarprmrnwJJ ksn6aw? o-n.dJav?a krom>r?N.o.sfacF,st New Balatrre $784.75 Mmimtsm Amoutat Due $294.75 Sark Mt Payment Due Date Octobr 27,2W5 Cdy s- Z3, Totalendowd s HomePlma AlwmwFlons AccounrNumber. p Bmdnma. 5790458 #9027109662936516# MAIL ID NUMBER 1 Capital one Bank 6 r 2 JO A REICHARD 5510 SILVER CREEK DR 1 P.O. Box 790 St. Louie, MO 63179-0216 r. MECHMICSBURG PA 17050-1961 5790458 pia.te,,>w moxkronyowdiedff or&r , ,,l..?to C,,6.tdOjwB-A and -ad sit hSe PLATINUM VISA ACCOUNT 4905 AccountSumnnrv Pay- %CrcditsandAdjustmant9 PMWID x Balance ;784.75 Paymena, Credits and Adjustments 9.00 Tramactions $29.00 Finance Charges SlL09 New Bak= $83L84 M.nimurn Arnlwmt Due SOL& Payment Due Date November 24 21005 Total Cred¢Line $500 Total Available Credit $ 00 Creels: Line fcv cash $500 Available Credts for Cash $.00 At yourse rvice 7o On Curmmer Rdauow Vf WX4W t a loft or attar and 1-800-903-3637 Foe Setoed1 -met-eand.peooloutamrod'en,logenty vmw.aprorlonroom Smdptpnmt+t« Smdu?gw,nttc Amc R-t- P-g Caph1 Ow Bank Cepdal One P.O. Boa 790216 P.O. Box 3M St Loan, MO 63179-0116 SLC, UT 84LV4M Important Account Infomnstion Twelve vusun heroes of college athletic are mmpmng for the honer of One National Maamt ofthe Yeat - and you can help deade who wms Each week, the masrnu go heal-lo-lmd in competition, but, only one will win die coveted tide and $104000 for doer school. Go to capnalone.com what you an vote dady for favorite mascot - and don't forget to tune in to the One Bowl f on ABC on Monday, January 2, 2006, to see who wosl SEP 28 - OCT 27,200S Page 1 of 1 Trawactions 1 27 OCT PAST DUE FEE M•00 You were armed a past due fee of $29.00 on 10/2712WS becaue your mminaun payment was not received by the due date of 10/27/2005. To avid this fee in the fimae we re» ommend that you allow at kart 7 lamnas days for your payment m reach C2PW One. Run= Charges Plowreeremres*#r aapsrtew m,,6rwahm [?murrahb Bd:;t.- , r Pevtole& Ca+rsfarlw; VI11?1ttrL APA PURCHASES $793.45 CASH Loo A7600%P 27.74% $19.09 .07600%P 27.74% 3.00 ANNUAL PERCENTAGE RATE applied this period 27.74% ? PLEASE RETURN PORTION BELOW WITH PAYMENT Ca 0000000 4905 27 0831840000000831848 Pi<mrpmuatarmg.diarm?d?oremmlrbor4wA? romgdArws6sl.c4. New Balance $831.54 Mmimam Amowrt Due $31.84 s Apt a Payment Due Date Nowmba 26,205 Ste ZIP Gg Toaleaclosed $ -? H-Ptan AaaoalePtea AeoamtNumber. 4905 e EmdAddmr 5790458 #9030109662936511# MAIL ID NUMBER Capital One Bank JO A REICF-am P.O. Box 790216 11611u11rU111111111 0 5510 SILVER CREEK DR ^ MECHANICSBURG PA 17050-1961 St. Louie, MO 63179-0216 111111111111111ilnrtlLLJlttrrrLlnrdLlit111111,16161111 1111111/1111111116611a111111111111111111116u1116u61u1 Plauc write ynrvaanwit nwnttran yowelnd or marrty ordcrrnadepryable M CapifalOneBank and marl in the a rr?scdervcrnpo 5790458 5790458 Account Sumvury Previous Idalance $831.84 Paymema, Credits and Adjmtmettta too Tnmactions $29,00 Finace Charge $19.82 New Balmer $880.66 Minimum Amount Due $0166 Payment Due Date December27, 2005 'fatal Credit Line $500 Total Available Credit 11.00 Credit Line for Cash 00 $5 Available Credit for Cash $.00 Atytatrserviec To a8 Cultism Rdancas or w rapoA a loft or.tdm ore 1-800-903-3637 F. free -line oo..t ? sod V..d -t-sr -06" log em tae mlonaawn rrrr.ra? p Sind papoints to: Send-r-t. Attie Rant- Prooaang C.pbl O-B"k CV w One P.O. Bas 790116 P.O. Boa 30285 St Lau., MO 63179.0216 SLC, UT mm-0285 PLATINUM VISA ACCOUNT OCT 28 - NOV 27, 2005 4905 Page 1 of 1 Payments, Cm" and Adaa+tmenta Trmmctions 1 27 NOV PAST DUE FEE $29.00 Take control and lay your Capital One credit card ball oriltm for free. Eluninate the hassle of wrmng chedka, finding stamps and aealinX envelopes. Evaydimg you need to access, revuw and pay yaw bill is avadahle online Our eb an offer you a convemen4 simple and secure way to manage your account Visit www.apielone com and register your account w start suurpldyrng your life today As a valued Capital One wamme', you are eligible to receive a free Y=-End Summary for this speolic account that rasps your 2005 charges, provided y0ta mount a in good standing you ban made nrmectiom during the calendar year. Please call 1-Sri-794-4487 Wore 31, 2005, to reserve your copy for flue account We will begin processing orders n January 2006. You were assessed a past due fee of $29.00 on 11/27!2005 because your minimum payment was not recdnd by the due daze of 11AW2005. To avoid this fee tnthe finite, we recommend that you allow at least 7 bansmss days for your payment to reach Capital One. Fuanee Charges Pleararan serxn&/6rrnrAwtonr rn/6rntMP" gopkdao rdr ql PURCHASES SgdL39 L00 .07600%P 27.74% 07600%P 27.74% 619.82 f.00 CASH e . ANNUAL PERCENTAGE RATE apphed this period 27.74% PLEASE RETURN PORTION BELOW WITH PAYMENT Cap jx 0000000 4905 27 08806 60000000880662 New Balance $880.66 Minimum Amount Date $880.66 Payment Au Daw Doo mb er 27, 2005 Total enclosed S AcwuntNamber. 4905 5790458 Pf,-trWs d.,dmiira,wV? ,, dmW drlom.-ZM.r Hsd xvi Saes Aptf. Gq S- ZIP Home A- Ak-W Plnx 0 EmrlAdahe? #9033109662936518# MAIL ID NUMBER A REICHARD One Bank 55 SILVER ER CREEK P.O. Box 790216 1111111111011111111111 o 5510 SREEK ? MECHANICSBURG PA 170 7050-1961 St. Louie, MO 63179-0216 N 11111 milli 1111111111 11111 11111111 11111 Plmrcvoi#j w ..ntnweberonhawdradormmgordermakfsYsble toC.ti One Bank andmadinNxendmadenvekpa: r r? ? " F't c.a Z ,-"=? ?,s-t ?y .-- - _rt, . - _? " ,;3 ; `a `: a; ? . CAPITOL ONE BANK, (USA) NA IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA vs . : NO. 08-2265 JO A. REICHARD, IN CIVIL ACTION Defendant PRELIMINARY OBJECTIONS TO PLAINTIFF'S SECOND AMENDED COMPLAINT AND NOW, comes the defendant, Jo A. Reichard, and files these PRELIMINARY OBJECTIONS TO PLAINTIFF'S CIVIL ACTION SECOND AMENDED COMPLAINT, and in support thereof avers the following: 1. Plaintiff is Capitol One Bank (USA) NA, a corporation with offices located at 15000 Capitol One Drive, Richmond, VA 23238. 2. Defendant is Jo A. Reichard, who resides at 6314 Salem Park Circle, Mechanicsburg, PA 17050. 3. Plaintiff states that Capitol One Bank converted to a national bank charter and changed its legal name to "Capitol One Bank (USA), N.A.. 4. Plaintiff filed its Second Amended Complaint in March, 2009, alleging that Defendant made use of a credit card account with Capitol One Bank. Plaintiff's Second Amended Complaint is attached hereto as Exhibit A. Also attached is a credit card application to Capitol One Bank and an illegible copy of an agreement. Exhibits B and C. 5. Plaintiff claims that it is owed the alleged balance on the account, as the alleged original creditor, and demands damages in the amount of $880.66, with interest at the rate of 27.74 % per annum from October 28, 2005, to date of judgment, plus costs. PRELIMINARY OBJECTIONS PURSUANT TO PA. R. CIV. P. 1028(A)(2) (FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT) AND PA. R. CIV. P. 1028(A)(5) (LACK OF CAPACITY TO SUE) FOR FAILURE TO PLEAD AND ATTACH ASSIGNMENT Paragraphs 1 though 5 of Defendant's Preliminary Objections are hereby incorporated as if fully set forth herein. 6. Plaintiff's Second Amended Complaint is allegedly based upon a credit agreement entered into by Defendant and Capitol One Bank, Original Creditor. 7. Capitol One Bank (USA) N.A, is not a party to the alleged agreement between Defendant and Capitol One Bank. 8. Pursuant to Pa. R. Civ. P. 1019(i), when a claim is based upon a writing, the pleader must attach a copy of that writing or provide explanation for its absence. 9. To the extent that any agreement pertaining to the alleged assignment of the account is written, the Second Amended Complaint fails to comply with Pa. R. Civ. P. 1019(i) in that Plaintiff has failed to attach to its Second Amended Complaint a copy of any written agreement showing the assignment of the account from the alleged Original Creditor Capitol One Bank to Capitol One Bank (USA) N.A. or any explanation for the absence thereof. 10. Therefore, Plaintiff's Second Amended Complaint fails to state a prima facie case that Capitol One Bank (USA) N.A. is a valid assignee or holder in due course of Capitol One Bank or that it has lawfully acquired any rights, title, and/or interest in Defendant's purported account or debt or that Capitol On Bank (USA) N.A has any standing or capacity to sue Defendant as an assignee or holder in due course. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Second Amended Complaint with prejudice for failure to conform to a law or rule of court and lack of capacity to sue. PRELIMINARY OBJECTIONS PURSUANT TO PA. R. CIV. P. 1028(A)(3) (INSUFFICIENT SPECIFICITY IN A PLEADING) FOR FAILURE TO PROPERLY PLEAD ITEMS OR TIME, PLACE, AND DAMAGES Paragraphs 1 though 10 of Defendant's Preliminary Objections are hereby incorporated as if fully set forth herein. 12. Plaintiff claims that it is owed $880.66 and attaches statements from March 4, 2005, through October 28, purportedly showing a balance $880.66. Exhibit D. 13. Plaintiff fails to sufficiently specify amount of the alleged debt owed, including the amounts and dates of the alleged charges, the amounts and dates of any payments made, the amounts and dates of any interest charges, and the amounts and dates of any other charges from October 28, 2005, through March, 2009. 14. Plaintiff's general assertion of damages has rendered Defendant unable to properly defend this action. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Second Amended Complaint with prejudice for insufficient specificity in a pleading. PRELIMINARY OBJECTIONS PURSUANT TO PA. R. CI'V. P. 1028(A)(2)(FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT) FOR FAILURE TO ATTACH A WRITING Paragraphs 1 through 14 of Defendant's Preliminary Objections are hereby incorporated as if fully set forth herein. 15. Plaintiff bases its claim against the Defendant on a credit agreement creating the account between the Defendant and Capitol One Bank. 16. The statements attached to Plaintiff's Second Amended Complaint purport to represent Defendant's account, but fails to sufficiently specify the amount of the alleged debt owed, including the amounts and dates of the alleged charges, the amounts and dates of any payments made, the amounts and dates of any interest charges, and the amounts and dates of any other charges from October 28, 2005 through March, 2009. 17. Plaintiff has failed to attach any credit agreement made or signed by the Defendant with Capitol One Bank (USA) N.A. 18. Pursuant to Pa. R. Civ. P. 1019(i), when a claim is based upon a writing, the pleader must attach a copy of that writing or provide explanation for its absence. 19. To the extent that any credit agreement between Defendant and Capitol One Bank (USA) N.A. is written, Plaintiff s Second Amended Complaint fails to comply with Pa. R. Civ. P.1019(i) in that Plaintiff has failed to attach to its Second Amended Complaint a copy of any such written credit agreement or any explanation for the absence thereof. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Second Amended Complaint with prejudice for failure to conform to a law or rule of court. Date: Respectfully submitted, BY 61 Jo A. Reichard 6314 Salem Park Circle Mechanicsburg, PA 17050 VERIFICATION Jo A. Reichard, hereby states that the statements made in the foregoing Preliminary Objections are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A., 4904 relating to unsworn falsification to authorities. Date: c( o A. Reichard IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) NA Plaintiff No. 08-2265-CIVIL TERM vs. SECOND AMENDED COMPLAINT JO A REICHARD Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5790458 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) NA Plaintiff VS. _ Civil Action No. 70 A REICHARD Defendant SECOND AMENDED COMPLAINT IN CIVIL ACTION 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 ON AGENICES THAT MAY OFFER, _LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717)249-3166 SECOND AMENDED COMPLAINT 1. Plaintiff is a corporation with offices in 15000 Capital One Drive, Richmond VA 23238. 2. Defendant is residing at 6314 Salem Park Cir, Mechanicsburg Pa 17050. 3. Effective March 1, 2008, Capital One Bank, a Virginia state-chartered bank, converted to a national bank charter and changed its legal name to "Capital One Bank (USA), N.A.". 4. At all times relevant hereto, Plaintiff was engaged only in those activities, including transacting business in interstate commerce, that shall not be considered to be doing business in this Commonwealth, as defined by 15 Pa.C.S.A. § 4122. 5. Defendant was issued a credit card by Plaintiff bearing the account number xxxxxxxxxxxx4905. A true and correct copy of application is attached hereto, marked as Exhibit "1" and made a part hereof. 6. The aforesaid account is subject to the terms and provisions of the written customer agreement. A true and correct copy of Plaintiffs written customer agreement which was mailed by the Plaintiff to the Defendant, and which agreement was received by the Defendant, is attached hereto, marked as Exhibit 'T' and made a part hereof. 7. Defendant used the aforementioned credit card to take cash advances and to purchase goods, merchandise and services. 8. Attached hereto, marked as Exhibit "3" and made a part hereof are true and correct copies of the monthly statements on Defendant's aforementioned account, dated March 4, 2005 through October 28, 2005. 9. Pursuant to the terms of the agreement between the parties, Defendant agreed to make monthly payments on the outstanding balance on his account. 10. Defendant is in default of the agreement between the parties by failing to make the monthly payments when due. 11. The balance due and owing to the Plaintiff on the aforementioned credit card account as of October 28, 2005 was $880.66. 12. Pursuant to the aforesaid customer agreement, unpaid balances on Defendant's account are subject to the addition of finance charges at the rate of 27.74% per annum. 13. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands judgment in its favor and against the Defendant, Jo A Reichard, individually, in the amount of $880.66, with interest at the rate of 27.74% per annum from October 28, 2005 to the date of judgment, plus costs Respectfully submitted, Jev rmbrodt, 42524 , WEINBERG & REIS CO., L.P.A Avenue, Suite 2718 A 15219 55 8-7130 308 This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. CERTIFICATE OF SERVICE I, James C Warmbrodt, hereby certify that a true and correct copy of the Second Amended Complaint was served on Defendant by regular U. S. Mail, postage prepaid, this 97'?' day of 2009, addressed as follows: JO A REICHARD 6314 SALEM PARK CIR MECHANICSBURG PA 17050 Continue to save by transferring balances Choose the card that suits --Ap Y ...,.araM,h.•??..r.r..,.?«:..wr w YES! NeOerf?aw lkMr tsr.lanR wiN aaawl iaY?ax?L?1an/a. wi lw r? ft-w r d tlr your sty*. a. ?. entYe,.•yaree.aant i ..saw u+r..iq?x• wdr Rix. iiws fa no hr fo, tranrhn4g srrwa Phan place your card choice here from the stickers p wid.d. if you do not CwdAwn p ro V t d ( I'r C(X ? ?-{-r+?t etc puq a the Mr on 06 term you ?a recaiw the Math san n deign. 23. 0 Animal yxd,Kys , t ? g5-° 3 0 l T g g ? S 3 NUN*W Plena print clearly in black or blue init. SO?KAnWnt $ '7 3 ? f social Seauitr Number cafe of flirth Transfer up to 2 additional Warm* and save even more ? t Total incante name Phone This aMw Otpirm Marsh 2l, 2005 s el o ('02 j 3v 3- ci5L 5 3 -- i0a+ah wa s.d w.. nrarsan.r ortl w,: Mnl wrx?.• v _ LMX.M M I ?a..a.ra.aroaamp?ppyq .r?asns.rorrward.rr•fadiV. tiNaMnrawaralw?aM6rala?iMM+?+shar?rww?rtrrawaK??w.w+.r m ,..r .rae¦e.ea.+r,a.op t i wralr rMq? ?rh'; I inrw?rrr.? wre1.? - Meae ODrra[r A.a!• Or addrem Nfxr•IIar){ Slyna Date / 8400014422301 014 014 Jo ??=e400 f • ?",,.,, Ukdm in do bad of e Wou If Flow no d al 10 A. Reichard s510 Sb ar Gaet or . 9282 r9t fee and colt whir Wchanksbum PA 17050-1961 _See reverse for Capital One mailing address. 790,458 I e to Capilal One.m We are pleased to open your credit card account. This ant contains information about your account Please read d and keep it for your In this Agreement the words you,' 'your' and 'yours' refer to each person who he application and to anyone else who uses the account in any way.' Each of you under this Agimuneit Ilia s'we-. -'us`ard-'oW itrall?asai?rsi,uy abtiga appal One Bank and its successors or assigns. We can delay enforcirig our rights .is Agreement without losing them our Account You can make purchases and obtain cash advances (rT we have that cash advances are an option for your account) by using your card, account and any account access checks [including Purchase Checks, Convenience Special Transfer Cheers and other similar checks) that we may send to you. e provide you with account access checks, we will tell you whether they will be as purchases, cash advances, or special transfers. Unless we lei you otherwise, am Checks will always be treated as cash advances. 'd or acmuil cannot be used in connection with any Internet or illegal gambling ions. Your card and account may only be used for vald and lawful purposes. If or aftow somedne else to use, the card or account for any impermissible you will be responsible for such use and may be required to reimburse us and aid International Incorporated or Pisa USA, Inc., as applicable, for all amounts or s we or they pay as lie result of such impermissible use. ore that we are not responsbk If anyone refuses to honor your account If you do your account you may cancel A by calling our Customer Relations depaMent troying your card(s) and account access checks within 30 days after you receive auivalent Transactions. ff cash advances are an option for your account you your account to purchase Items that are directly convertbie to cash. These cash nt transactions will be treated as cash advances and will be billed to the cash segment of your account Cash equivalent transactions include the purchase of isfer money orders, bets, btlary tickets, casino gaming chips, and other similar or services. edit Limit You were told your credit limit when you opened your account. You y have different credit knits that apply to different segments of you account ; purchases, cash advances, and special transfers). These credit firrifts will be I on your. periodic statement. You agree to make purchases or obtain cash s only up to the relevant credit funs. We may increase or decrease your credit any tone, may knit the amounnt that is available for cash advances, or may ash advances entirely from your account We may honor transactions in excess credit kmlt even d those transactions result in an overlimit fee. and those xis and fees will be covered by tho Agreement payments. You promise to pay us all amounts due resulting from the use of your including any finance charges and other charges due under the lams of this ot. Payments rrutst be made in U.S. dollars. Payments made by a negotiable it such as a check or a money order must be in a form acceptable to us and be i a U.S. financial institution. We may allocate payments among the various of your account in any way we determine. t pay at least the minimum amount due by the date requested on your statement a late payment fee. However, you may pay mots Chan the minimum payment or glance in full. In any case. finance charges will continue b be assessed during rinds that you carry a balance regardless of whether or not your statement ainfmum payment due. eccept tale payments or partial payments or checks and money orders marked in fur or other similar language without losing any of our rights under Cis nt, including our right to receive payment in full. Statement Each month you have a balance in your account, we will said you mt showing all Uansactons bled to your accokud doming do billing period. The iod is the time from one statetrierd closing date through and ii k dig the next t dosing date The statement dosing date detenmirm the month of a specific rind. For example, your January billing period is the brig period wlli the t dosing date In January. 'harge Information. Period. You will have a minimum grace period of 25 days without finance i new purchases, row balance transfers, new special purchases and new other f you pay your total New Balance as shown on your periodic stabment in fW ie for it to be credited by your next statement dosing date. There is no grace cash advances and special transfers. In addition, lt you did not pay the total nce from the previous billing statement in Full and in On for 1 to be credited by statement closing date, there is no grace period on any transaction. hg Finance Charge. Transactions which are not subject to a grace period are finance charge as follows: fora made during the anent billing period: from the transaction date. transactions and bansadrons made with account acce ss checks: from the date ction is processed to yowaccoutit ions made prior to the current billing period: from the lust calendar day of the kng period. !y, d you did not pay the New Balance from the previous bIM ng period in full, iarges coitmue to acme to your unpaid balance until the unpaid balance is This means that you may still owe finance charges, even if you pay the entire +'... J.?t...l .... A.- f.....f ..r .inv.. 0.fOn.Ont 6. 0.e incur eab-nf AneiM Afti0 To get the daily balance for each segment of your account, we take the beginning balance for each segment and add any new transactions and any perfodic finance charge calculated on the previous day's balance for that segmant We than subtract any payments or credds posted as of that day that -are-Wkmated-te'tca"mnent--IN give"s-the-sepaFab-d811y MlaFtm-for-WQ'+ segment of your account However, k you paid the New Balance shown on your previous statement in hrl (or I your New Balance was zero or a credit amoinQ, new transactions which post to your purchase or special purchase segments are not added b the daily balances. To calculate your total finance charge, multiply your average daily balance by the daily periodic rate and by the number of days in the billing period. Due to rounding on a dally basis, there may be a slight variance between this calculation and the amount of finance charge actually assessed. F. Cash Advance Fee. If a rash advance fee applies b your account you were told the fee when you opened you account The fee will be charged each Time you obtain a cash advance and will be added to the cash advance segment of your account and will reduce your available aedit. The amount of the cash advance fee will be added to other finance charges on your periodic statement for the purpose of calculating the annual percentage rate disclosed them. This may cause the annual percentage rate disclosed on your statement b be greater than the annual percentage rate that was disclosed to you when you opened your account G. Temporary Redrierm in Finance Charge. We reserve the right to not assess any or all finance charges for any given billing period. other tees ana unarges. n no rouowmg lees may oe woo m me purcrine segment of your account unless otherwise specified, in every billing period in which they apply. late payment fee if we do not receive your payment in time for lt to be credited by the following statement dosing daft over" fee i your account (or any segment of your account) goes or stays above any temporarily or permanently assigned credit firnil, even 1 we approved the overlimit amount at any time during the billing cycle (regardless of whether you went overlimil as a result of a bansad iDn, finance charge, or any other fee or chargeX returned check fee. imposed every lime a check is returned to us for any reason, or if we cannot honor your account access checks for any reason and copying charges for duplicate copies of transactions or statements union mqured for billing dispute resolution. These fees and charges will not be assessed if your billing address was in Puerto Rico when your account was opened. The fee and charge amounts wen disclosed to you when you opened your accomt If any of these tees or charges are changed subsequent to your account opening, you Will be advised of the new amount We reserve the right to wain these fees without prior notification to you. Membership Fee. If your account has a membership fee, it was disclosed to you when you opened your accourit The be will be biped to 6 purchase segment of your account Credit Bureau Information. You agree that we may obtain your credit information from credit reporting agencies at any fame for the purposes of monibring your mad perfomnance. managing your account and considering you for new offers wid programs. Future Offers. The terms of any future offer will be dscbsed to you at the time the offer is made. H you accept an offs, the terms will become effective irrrnedral* unless otherwise specified in the offer. Default We may mrskier you to be ii•default under this Agreement it (a) you fail to pay the mintnum payment on time, M you exceed your credrT finch, or (c) you pay us with haids that are returned for any reason. To the extent permitted by law, you may also be in default under this Agreement If (1) you violate any of the other terms of this Agreement or any of the iemu of any other agreement with us or any of our atfikates, or (2) you made any false or misleading statements on your application, or (3) bankruptcy or other insolvency pioceedii s are instituted by you or against you. Alter you are in default (or after we give you any notice of or right to cum the default ff mquked by law), we may restrict your account from new transactions, or dose your account and demand birnediate payment of the enire outstanding balance In addition, as a result of the default, your minirtum payment may increase wilhoul advance To tie extent pemiitted by law. you agree to pay all caul costs and collection expenses insured by us in the won of any amount you we us uncTV?ft- ?/ a Agreement. If you default and we refer your accout for ollecd0n to an attorney I. who Is not our salaried ernpbyee, lo the extent permiiited' by law, you agree to pay reasonable attorneys' fees. You also agree to pay any costs we may incur in retrieving your cards, including any costs we may incur by having your account placed on a restricled tist If You Close Your Account You can request to dose your account by calling our Customer Relations department You must destroy al cards and account access checks, cancel all preaulhorized biting arrangements, and cease using your account ff you do not cancel preauthortzed billing arrangements, we will consider receipt of a charge your authorization to reopen your account Additionally, your account will not be closed until you pay of amounts you owe us including: arty transactions you have authorized, finance charges, late navmnnf fow_e. mprlimH fmot. slimed check fePS. rash advanrp faro arxi any sec finance charge as follows: sactions made during the current billing period: from the transaction date. Bled transactions and transactions made with accountaocess checks: from the data insad6n is processed to your account sactions made pry to the current billing period: from the first calendar day of the it billing period. orally, d you did not pay the New Balance from the previous billing, period b 0. a charges continue to accrue to your unpaid balance until the unpaid balance is i full This means that you may still owe finance charges, even If you pay the entire Balance indicated on the front of your statement by the net statement dosing date, d not do so for the previous month Unpaid finance charges are added to the able segment of your account iunum Finance Charge. For each billing period that your account is subject to a e charge, a minimum total finance charge of $0.50 wit be imposed. If the total e charge resulting from the application of your periodic rate(s) is less than $0.50, D subtract that amount from the $0.50 minimum and the difference will be billed to wdiase segment of your account iodic Rates. We determine the daily periodic rate by dividing the annual percentage y 365 and rounding d to the nearest 1/100,0001h of 1%. The rate may be different ch segment of your account (e g., cash advance, purchase, special purchase, and it transfer if applicable for your account). You were told the daily periodic rate(s) you opened your ac6burnt and fi appears of your statement kufating Finance. Cbarye. Finance charge is calculated by multiplying the daily x of each segment of your accent {e.g., cash advance. purchase, special transfer. 'per Pub) bythe p+^g daily periodic rate(s) that has been usly disclosed to you. At the end of each day during the tiff" period, we apply the periodic rate for each segment of your account to the daily balance of each mL. Then at the end of the bulling period, we add up the results of these daily itions to arrive at your periodic finance charge for each segment. We add up the i from each segment to. arrive at the total periodic finance charge for your acxounL "MMMUM F-7, in retrieving your cards, including any costs we may incur by having your account placed on a restricted fist If You Close Your Account- You can request to close your account by calling our Customer Relations department. You must destroy all cards and account access checks, cancel all preauthorized billing arrangements, ad cease using your account. If you do not cancel preauthorized billing arrangements, we will consider receipt o a charge your aulhortzation to reopen your auxoun Additionally, your account will not be dosed until you pay all amounts you owe us including: any transactions you have authorized, finance charges, late payment fees, overtimit fees, retuned check fees, cash advance fees and any other fees assessed to your aocounL You are responsible for these amounts whether they appear on your account at the time you request to dose the account or they are incurred subsequent to your request to close the account This may result in charges appearing on your account after you have requested the account to be dosed or the reopening of your account if it has already been closed. For example, 'd you authorized a purchase from a merchant and we receive the transaction from the merchant after your account has been closed, your account wit be reopened, the amount of the charge will be added to your account and you will be responsible for payment. If there is a membership fee for your account the fee will continue to be charged, to the extent permitted by law, until the account balance has been paid in tug as defined above. If you want to slop an authorized users access to your account, you must call our Customer Relations department and destroy the users card (f any) and any account access checks he or she may have. If you are unable to destroy that person's card and account access checks, and you call our Customer Relations department b close your account your account will be dosed and both you and the joint cardholder, K any, may apply for a new account It we dose the account you and the joint cardholder, if any, will still be gable, individually and together, for all amounts charged to your arxounL If We Cancel Your Account or Suspend Credit Privileges. We may at any time, with or without cause and with or without advance notice, terminate this sit and/or ternporarily or permanently suspend your met prWeges. This but is not kaed to, situations *tare you have violated tiffs Agreement or where reason to doubt your aedt morthinerm Your obligations under lids Agreement after your rights to obtain credit have been terminated or suspended We may Bribming our rights under this PLATINUM VISA ACCOUNT MAR04 - APR 27, 2006 4905 Page 1 of 1 AaauLtSummuy Payments, Cmcfiits aadAdju? Plevim Dalasm too Pqne^ Coda anaA4uamenb $A Ttsamwdom Ttmoc6m $4911.14 P' ga Lm 1 30 MAR SEARS ROEBUCK 2624 CAMP HILL PA &M,u 2 10 APR EXXONMOBILIS 0%SSSOD CARLISLE PA 31,25 Neer Balaaea S49LI4 3 12 APR WANE 8&SPIRM 2107 CAMP TULL PA 11AS Mudmam Aaxuat Due SISAO 4 16 APR Sh*pNBCv 42424976 500.676.5523 MN 6L96 PaymmtDm Dam May27, 2005 S 2D APR MONMOBU.7S 04209763 HARRISBU PA 10A2 .Taal Craig Lien 5500 6 22 APR HESS 33256 LEMOYNE PA 6A2 ToedAxeLd&Crack $L56 Crack 14" 6n Cade 6500 AvagdAe Crack fae Cash $1.86 Atymwmwvke Ted CrMrRdah?s atbaepxt sk?taeA9x arde 1-900-903-3637 P«S...aLwwwr.r..«r?.Pe.l au?r.ra6.y ]e5.aw ra"ePa.Lwaow . Sd Pgs00w SwA amp u we Cn bLOaaBrk CarNQr3-vox PAL 849 790316 P.O. Dae "GIs SLL.wyM0017966M RAm-4VA2129-5015 - Famaea amgp PfsaasxrrAr J1.rnr A-& 6nvyiriw __ , .?v6?Jr +uar lAMR PUACHASPS Lm .ODOM AM Loo CASH L00 A9S1uP 20J9M LOO ANNUAL IMUMNT1'AGERATE.Rd dtLwrdod 0.00% • PLCASC RCTURN PORTION SCLOW WITH PAYMCNT C 0000000 4905 27 0498140000000015006 19r?rwfwrfw?ri?wXre?diwp h6?wgAirwHsk wE mawBd=W $OL14 00 fws APL Pq- Dwe Due Mq 27, 2005 Taiaadaed $ ?P? Alrrrfl.r AmnwNmbw. X906 5790458 31111111111 #9011809662936519# NAIL ID RI01Wn Capital one Bank o JO A RBICBARD P.O. Box 790216 Inl?Iutllalullmll r 4510 9ILVCR CRBBR DR St. Louis, NO 63179-0216 a NY09N><DIICSBOIIO PA 17050-1961 IellexdlunllleulltlullmxldxtlldlnxegeAululd ? LollbxlllxxleLlL?xaJUelaxlltxxllaullAaulJul 5790458 CCC ?• - L C-0 PLATINUM VISA ACCOUNT APR 28 - MAY 27, 1005 4905 Pa6e 1 of 1 AoaauttSummatp plv-ta,CxdinsttdAdpnumnts peeiota Balance SOL14 Pqmem4 Cmdita and A4mtmwft Sm p? hr Y ow bd ner ban recdoeL Plow t amount doe Vpa" on the r-?--•» - If fe a4a dr P P Fiona Chute 6.00 TnUmecdow btuimtw Amautt Doe S61.13 1 16 MAY ShopNBC 424249761800676-5527 MN 624,99 PgmaRDue Dam Juoe27,2005 1 17MAY OYF2=a'CFEE 29.00 3 27 MAY PAST DUE FEI 29,00 Tod cMki ins 6500 Tod Awe"" QmU SAO Ctedq Urn he calk 6500 Yonwae aaaad a pe due feeof529.00 a.05/27/10056etaaae yaar mtuunnm pepmatwa not molted by the de dace otOS/AAW. To grad iYs fee mtbe Aww%we remmmend d= you Animm Cmdk for Cash LM allmr atlat 7 be"asdap for year payment m reach CaFW One. AtyRxtraa+iee T.d CAmr Rdbm Mt. sgwt• lea.rsat= a.* 1-800-903-3637 FK 6.. e.Lr Nawt,eeee.../ que.l trlrat.B.,ti 3ejM tk ?Y,YROP1?{e1N.Oef11 ' S.dpyeisbw sffgmr t. Am RMftmm.o Pmm" C.F"LO eBMk C:.F"O.e Sa.s P.0. BM 7MM6 P.06 3m gm StL.^MO0319-CIA Rwhmm4YA13>S-= - FineeceCba? Ara.r,.aoearriJe" awylwtw ta36atdinr srM.,e., Asir ?in/N ..k /AC PURCHAM AMM AN 0 ? ? CASH AM S ilt. SP A f6p ANNUAL PF.A«1CAGERATE WWthispeSod 0.0096 • PLCASCRLTURNPORTION SCLOW WITH PAYMCNT C6? 000000 5 0 490 27 0581130000000081139 P/a?rjrrwdwjliswXr?wdigr4ioaw?KrwNrF..E NsaBslsan. SS61.13 . MmimamAmwatDue 581.13 Su.e A7aa Prymast Dee Dave Jane 27, 2005 civ 'Cod aocbaad 6 NwrPlaw Atf.wsPl?w AsausrNembar. 494E L`..1A6r.. 5780458 !9014609662936516• NAIL ID N MB>QC Capital One Hank P.O. Box 790216 lalulutlllaellnltl JO A RRICWM 5510 SILVBR CRzzK OR r 1 St. Louis, MO 63179-0216 w M>iCMMICSSOM PA 17090-1961 o LILmIIonllLedLLelluoaLLetIIJLtodldLd?e1J ? ? IoJILoI1LutIJJLuoaIlLLn11nu11Ln11NatLLel 5790458 „per.u.,..e.e?,a.M,..e?ae,..aM?r,.r.??a.?a.?.?aa..?.?.a?,aa clg? PLATINUM PISA ACCOUNT MAY2e - JUN 27,1005 4905 Page 1 of I A=awt Saum many PalmeattN Credits said Mjwtcatnu Preimue Bdanae M13 Credit and A*aimc ub - ?0D Tratanoetiotts Purace Charges St0.64 1 26 MAY OVERI.IMIT FEE 529.00 2 27NN PAST DUE FEE 29.00 Bda= N $ Manim um Amount Due 5149.97 Capin One it Proud to apport The Rent ofAm rinr Paudatios, helping ehddna ksra In reed. Paytmat Due Dace 7u1127, 2005 wed, and niu a duff°Nre in the world. 1n 2003, ws rvwaly sI ml6en ratdtofboaka a U forchUminnew. Tokernmore A mhowyeatanh* malereadinga6feleagposioo. e '11oulCaads11m $500 wsHWWWJ*Wufamaumx Tad Await" Credit LM Cmk Lim for Carp SSW " Important Nacre" Smut yar acaosa t Mva pp rac due, yar Anm W Peroarage Rars(A.PJW d did b di b d i i e Av gAk Credit for Cash sm s aetma ca ooa d m adarad. AD or eaa rem ba an intreae a sl d 6eee ad e1ka Ptah be adrierd dot utdor da emnrdyear amount, year A.P.Ri are s4bra to additional kcrea ct ifyou far to keep your account in good aaodar. T. adCowen gdd¦ woard. wtararlaa ouk You were aresed aput dun fee ofS2900 an 09271MW becsow; r mramtm payman Wo net To asoid due bee is the Cudw wee raoona reeceieed b e due daa of 06/27/1005 nd 64 M 1-800-903-3637 . . r Y y allow attest 7 burn ar days for your pgnwn W rcaeh Ggd One ?traf L?a, ,M,?k?L e`COMe<MAlaaad aPaeal auawer.ff n,kx N tM .4ad pyaaa4 Sal fwd wqw as Ams R.ara.ee. Pr.eawat, C.FWAOaslMak CopalOMS, P.O. So 79MA P.O. Ds Weis - ScLwyM061179.01t4 RuMt.a;VA21295?f039 FhYtaRCharsa PAvwrawrnmarndrjr wAraaatine Lia.rtmr Jta..ie 6waMraiK _ w ?irlt. car 1A! ° PURCHASES sif53f AUMP Alm 31061 CASH tea AWAMP, 3174[1 $A6 ANNUALPERCtNTAGE RATEspldid thbperW 20.74% V PLCASC RCTURN PORTION SCLOVf WITH PAYMCNT 0 00 4905 27 0649970000000149977 00 0 0 P4rMrtw.6r?.idwwJGr..rfdrgwlalrwrwsJirwlid wk NeW Bmb= 5649.97 Mreuonm A?nouat Duo 5149.97 A..a Apo I Payarnt Daa Date Jd127, 2006 w. m CIV Tad mdaed i HM IHwatl- AlrrrPlrw AoeeuatNumbae 5790458 #9017909662936511# MAIL ID HUMBER Capital 8 C 6k JO A RRIC M r ER E 7901 1116112118111111111111 P.O. 80x 2 CR EK DR 1 o 5510 SILV Sc. Louis, MO 63179-0216 0 MECHMICSBUR.O PA 17050-1961 LIIonllaadlLrdlalaalLunLLuIIJLmrILllrJald ? lodllndllaulaldLmallLLnllaanllaJlllorLLJ ;790458 Capp PLATINUM VISA ACCOUNT NN 29 - JNL 27, 2005 4905 Page 1 of 1 AmouatSamaury Payments,C-&tsandA --cnes penimm Bdaoca $649.97 Pqnwt; CredmandA4wmwn 'p m Thnoctiam $V.00 FUWKeCharges 514.56 1 27)UL PASTDUEFEE 52900 New B&Jsm $693SS Want mmdi yas A.P.R.? MmimumAawumDtw S39SSS ]fweraawyarmidammmom* pgmeaeontimeforthe a dxconwomemWrnpaiody Pgmem Due Data AWW 27, 2005 thm amourk will be renew ad for apow"a A.P.R. deovw- Tod Caa kl ins $500 "Imp-* Nolte" Sure)- - pet dm yas Aasnl Percentage Rase (A-P.R4 s sad cod3donsremam is fig Carta &W d All d w b v W Tod Amnhik Craft Lm o w a as prcnm* vw hate oon in m Cradt Lion for Cash $Soo and effers Avei"Cmd't for Cash f 00 "Nofia of Cheap Is AacmatTame Ifym aaomat is fm or noes days peat dm within is bdlmg pwiodsa bs ben Ws or mm days pet due, or ifwe do not same your aanamm Atyowwr.ira monthly far twe rnroemens Wagpaio 4 A nms mg inaase w dw Ddrk APP ff T.dC.ersmRAde .r*xpwtalwr.rrbma w* _ sa. ply oaymAlladwmrmaandmsddwmanya =uumrem"Lne 1-800-903-3637 You wve aawma a pet due &e of =00 an 07W)W bemme yar nisiamm pgnwrt wn not sera and the due dom of 07/27/2005. To m d this fm m the fimmm we to mmad *a re am at 1nt 7 buiu m days for yam pryma,t to reach Capital One. S.dpq wbl. Sadmyuir br Arne Rsasaea P,..s. x C.prt OmBmk Cq,N Os P.063"79011$ PmB.e3m SLL okMD61V9-QU SLC,Urmm*-- K Fir,mce Arm wAV mwdwAk/fir njonamm & Cw.Miir /r A - _ Red godA* r.. 6 ?R .Aa6JY PURC4fASB5 Q"I" .073"%P 2L"% slash 1A0 Arl"SP 2LM te0 ANNUAL PERaWAGE RATE applied thispetiod 26.999$ V PLCASC RCTURN PORTION B=W WrrH PAYMCNT • 0000000 4905 27 0693550000000193557 ' p0.r/..dw.lwp.tdw wl4e?liwpfi..ag/fi..?Nwl.i New B4mu Eggs- AmaaatDue $19355 S..r Apace P.pnsat Dos Dees A% t2T 2005 Cn s.. 2W Tod eadmd s M.. mt AWPW Ply, AammNsmbar. 4w Au... 5790458 N9020909662936S16/ MRIL ID BiDMBSR P.O k JO A R81C LRD 0 SILV9R CREEK DR 5 1 1 . Box 790221i 1 5 St. Louis, MO 63179-0216 ' NYCRANICSSURG PA 17050-1961 ?ruua,uuu?una??t?unuata?t?u,???n,arnu?Ho?n?,? ? ? („?u?,nun„?a6?lnnul??,?,au,n,t??aerunau?t?,a? 5790458 Capita PLATINUM VISA ACCOUNT JUL 29 - AUC 27, 2005 1905 Page 1 of 1 Aaxouat Samwt7 Paymeata, CaeaGra quad Adja?enb PieriwuBraaoe 3dws Cmdda and A4uftwft $ .OD Pa7>? Traawcdoan Tmaucuoea $29.00 Fu me Charges $1606 1 27 AUG PAST DUE FEE s29.00 . New B@Um S"L63 You wem used a prA due fee of MOD on 08/27/2005 bemoe year mmidom Peymau wn not Msuvww Aa Due SUL63 rmdved by the duo dad ef08/27/20". To avoid dais fee is d w fuNC4 we recommend *at you Payment Due Dace September 27, LOOS allow at Oat 7 busnmdaya for yma payment to mrh Capmi One. Tod Ca+edsliue $SOo TotalAN i Credit $A0 Cra Lilo for Cash $500 Avul" Coo& for Cmh Loo Atyonnervim T•,dCwumwRdw.wwo tal..t.naLook 1-800-903-3637 - F.tfm WAd wwK.a+we.d good em...t 4mm lo6.e IN s SmdI9 a. SWA-sp we Ara. R- o- Pm-ft C.P"OmB.ek Cgmlaf PA. B.e 790DA P.O. Bs w2BS & L..4 mo 43179-ou X.C, UT61t O-= FimtreCbattgeo Pfrrasorw.xA?r?$r ayP..rv.. Ad w.* A a..r.Y PURCHASM !78129 A "IMP 2Lm% sum CASH &MI Ar3MP MA% s oD ANNUAL PM=NTAGE RATE appBed duo pa W 26.9991 T PLCASC RCTURN PORTION BCLOW WITH PAYMCNT 000000 905 27 0738630000000238631 0 4 ?..r.r..?.+d.. r9...rr?. d.R...,iaA...x?9..k New B&W 6 IMI MWWWAao Due $230.63 a.. A#.A Pymne Doe Dave September V. 2006 - c•. s.. 2v Tod adowd t I He„p?, Aher.7le.. AmaaNwebru 4905 5790458 . - .? 19024009662936511d NAIL SD NMMZA Capital 7 6k JO A REICIDIAD mom r ?a?u?a?a?wu???ru? 902B1 5510 SILVER CREEK DA •• 1 St. LouiHD 63179-0216 --- 1ECa?JIli2CSBDRG PA 17050-1961 h 1790458 PLATINUM VISA ACCOUNT AUC 26 - SEP 27, 2005 4905 Page 1 of I /1LCO19nt: pqn-th Ctcd'ib tatdAdjnotarab . Reviout Bdance $73863 Paymere; Credits aed A4ummm LM Tnmmacdom Traerctiear 529.00 Fwnee Charga $17.12 t 27 SEP PAST DUE FEE $29.00 New 1lelenrt $704.79 S You ?+ere asamd ap.? dne fee of 529.00 an 07177/2005 became your mmiamm pw/rmc..ea not ro*cAv d the dus dsae 409127/2005. T. av oid thin fa in the fume, wo recommend that you UW Py Due Date Due Orbs 272005 allow at kW 7 buanerdays Tae Your payment m f-h CaPtW 0- Tad C44AA Um $500 Tod AMIAk Credit LM Cook Lim in CMh 5500 Avaihble CO& fa Cash $A0 ToaRC:aawe Rdwrorraeprloloeterrdmoak 1-800-903-3637 F??r?LN?N?LyN?eOr?WtMr?IM MI??rnel rMMQ.?.y'?iNW Swdpryes.r?Nr 6e?irgre?a - Am Rmw"- P,---m . P.0.I"79=6 P.0. so 302K .hLewtiA9O63179?16 6I.C,VfN13003K Importata<Aaw9x lnCoaa?don Trdve hunsofmile?erdiatic; for ed Is f .apca' I Orr Naasnl llormt ofdNOW - cad " yw oa Ywlp deudewho wmd Fx? wadr. ilr snob go X da d W ) h t v w at of Y 9a w m Iwd +o hsd is aompd oaeeteadde End nQ0M far thm I&ML Co to crr"Oftoomvr)rayndanvmd*..for iwom r 10eeBon! t t * Q i A& t ALmsa rv.eraa,dr f?yvwtastrr #rmatiwr ch = n D A 0 ao nwcmt-w n l y am" 0a AX an Mmift mmy 2.20M to ra0 who von! t.I.vNir .Pja6e?i tMr IJ'R R 2 lP 3LM $17.12 j LOO 0773 2LM CASH ANNUAL PERCENTACERATE applledthiape&d 26.99% ? PLCASC RCCURN PORTION Ha-OW WITH PAYMCNT C2? 00000.00 4905 27 0784750000000284759 - Xrrfrwfn"it?liwwXr?wdaiggkbrrwl(/Mrwhf?f wE . New Sahara $786.75 b?rmge2r Amoaat Due SMM.7S Tent A" t r Aoe Dose Oebba 27, 2005 Civ ar ZIP Tomicadaed $ Hm PA AL.re NM AacowNemberc 1905 57SU5a #9027109662936516# NAIL 20 NMUZR capital One ll nl ll ll l Balk IJ JO A REIL'871R0 -_ 5410 SILVCR CRIIHIC DR O , mr r u m St. Louis, NO 63179.0216 N>rCmt39ICS80RG PA 17050-1961 1911uodlaulllu911tlullumltlutllrlluurll911u1m191 lurlllvetlllnuldrllnaallltltnllmuvlletrlllluvlrlml ;790458 1rrrry...r.?ar?,.r,.e.k.r.N.,.r?r...rk,,r,.rf?rreB.rk.?,?.r?.mr?.a??,aa PLATINUM VISA ACCOUNT SEP 28 - OCT 27, 2005 4905 Page I of I AamentSammuy Pg=cnt9,Caed srJAdinstmatb pfrimr B*wV MC75 Pqne^ Cmd'dtandAdputmerm m Tnmescooae TrAnlacdow Fiw a Chugs $19,09 1 27 OCT PAST DUE FEE $29.00 Ncw BaLnee f83LS4 You were awm ad a pea due fee of $29.00 an 1N27/200S beats you midomen paymwn was not Mmtimum Amount Due SOLS4 tacdved by due due data of iWV12005. 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Cnrrs A.lata.e r to a*Mtslwt raeiw ark Yon weaa arrsed a pprastt daa fas of sV.00 on 11/27/w berate your naaimam p9weewas not ad d f d f h d 1-800-903-3637 imre, we reoomme ot you ee in t e d s received by the due date of WV2005. To mol sgow at We 7 basins days far Mr payment to rack C*,W One. RrlaradweeerrtMnrrdeyeslaaauucda.lKesuv S+ipyssnw saut I be - - AsaRanaerPn--s C.p"OrB.ak C.pai or - P.0. JIM now P.O. 3013020 - BCLa.e,M04313?alte SLC.LITM 0FO76 FwRMChaga alrurn.ra?raurlrF,wtwr rny6rsrnw adaweb A,nir Ott .. c d gya ,? r . 0.74 PJRCHASZS 3041.39 7 P 1' ell 6M CASH sm . J 100 ANNUAL PERCENTAGE RATE applied dais pe&d 27.74Y. V PLCASC RCTURN PORTION BCLOW WITH PAYMCNT ? - C? 0000000 4905 27 0880660000000880662 Net Dnlasu 5880.66 Mtsi>tataAamaatDae 5880.66 see Apra Payment Dan Data Dmmbw Y1, 2005 w son 37P Todaaelanl HausPhan At..rP? Aa wsweNt ob r: 4906 5790458 *9033109662936SIS# NAIL ID NUMBER Capital JO A REIOULRD SS10 BILVYR CREEK DR P .O. Box 0216 {a{r11u{{u{{nua{ll - w Bt. Louis, NO 63179-0216. - N ? NYCWWICSBM BA 17050-1961 {a?{nvs{{tea{{{na{{v{l>f{uns{t{ne{{t{{net{{e{{u{n{a{ ° rte, a Cam' f A CAPITOL ONE BANK, (USA) NA IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA vs . : NO. 08-2265 JO A. REICHARD, IN CIVIL ACTION Defendant CERTIFICATE OF SERVICE I, Jo A. Reichard, hereby certify that a true and correct copy of Defendant's Preliminary Objections to Plaintiff's Second Amended Complaint was served on the Plaintiff by regular U.S. Mail, postage prepaid, this 2nd day of April, 2009, addressed as follows: James C. Warmbrodt WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburg, PA 15219 Jo A. Reichard OF 4BPPID-ol NARY 7009 APR -3 Ali 11: 54 cultvii- PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE CAPITAL ONE BANK (USA) NA v. JO ANN REICHARD (entire caption must be stated in full) CAPITAL ONE BANK (USA) NA vs. JO A iEICHARD No. 2265 08 Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.)- ;? / e LL c%P_ f-{ ,-r ?C!/s? TS !/r'P /r r! i ?4r Q? 'r. c?io.? S t0 Z ?%?.v?rna?cc?--. 2. Identify all counsel who will argue cases: (a) for plaintiffs: JAMES C. WARMBRODT, ESQUIRE (Name and Address) WELTMAN, WEINBERG & REIS CO., L.P.A., 1400 KOPPERS BUILDING, PGH., PA 15.-4q (b) for defendants: JO REICHARD, PRO SE (Name and Address) 6314 SALEM PARK CIRCLE, MECHANICSBURG, PA 17050 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: November 25, 2009 Jam 6/C. Warmbrodt, Esquire Pri you name Date: 10/20/2009 for INSTRUCTIONS: v 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. CA/AL OFnHEw'rwt OCT 23 IN 12= 19 ? Wi ?G FILE[ , . r r- 7A111 R ! L010 JAi12G P? 1 9: 48 rr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) NA Plaintiff vs. JO A REICHARD Defendant No. 08-2265-CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITH PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I. D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5790458 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) NA Plaintiff vs. Civil Action No. 08-2265-CIVIL TERM JO A REICHARD Defendant PRAECIPE TO SETTLE DISCONTINUE AND END WITH PREJUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR: Settle, Discontinue and End the above-captioned matter upon the records of the Court prejudice to refile and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C Attorney 1400 K 436 Se e (412) SWORN TO AND SUBSCRIBED before me this ZI day of 2010 OTARY PUBLIC Tlbrodt, Esquire aintiff Building venue 15219 COMMONS EALTH NNSYLVANIA Notaial Seal 3heua G. Bevan, Notary Public itv Of Pittsburgh, Altegheny County ,\ :cxwission Expires Nov. 15, 2010 L I I Member. PonnsvivaniE association of Notaries CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the within Praecipe to SETTLE, DISCONTINUE AND END WITH PREJUDICE TO REFILE on the day of , 2010 by United States first class mail, postage pre-paid, addressed as follows: DOUGLAS MILLER, ESQUIRE 60 WEST POMFORT ST CARLIESLE, PA 17013 Weltman, Weinberg & Reis Co., L.P.A. James C. Wbrodt, Esquire Attorney f r aintiff