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Home My WebLink About08-2752Our File No.: 151531 APOTHAKER & ASSOCIATES, P.C. 'BY: David J. Apothaker, Esq. Attorney I.D.#38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff CAPITAL ONE BANK (USA), N.A. c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, VS. BARBARA A MILLER 120 CREEKVIEW RD NEWVILLE, PA 17241 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: b8- 017501 bVit berm NOTICE 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 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. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse do estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o con un abogado v entregar a la corte en forma escrita sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del edemandante y requiere que usted compla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esq. `Attorney I.D.# 38423 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-8920 Attorneys for Plaintiff CAPITAL ONE BANK (USA), N.A. c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, VS. BARBARA A MILLER 120 CREEKVIEW RD NEWVILLE, PA 17241 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: o F- 1 7 S.2 c6lu- T-4,u-- CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff, CAPITAL ONE BANK (USA), N.A., is a company with its principal place of business located at c/o Apothaker & Associates, P.C., 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114. 2. Defendant is BARBARA A MILLER, an adult individual residing at 120 CREEKVIEW RD NEWVILLE, PA 17241. 3. At the special instance and request of Defendant, Plaintiff sold and delivered to Defendant goods and/or services at the times, of the kinds, in the quantities, and for the prices set forth in Plaintiffs records. A true and correct copy of which is attached hereto, incorporated herein by reference and designated Exhibit "A". 4. Defendant received and accepted the goods and/or services described in Exhibit "A". 5. The prices set forth in Exhibit "A" are the fair, reasonable and market prices for said goods and/or services, and the prices which Defendant agreed to pay. 6. All credits, if any, to which Defendant is entitled, are set forth in Exhibit "A". 7. In addition, Plaintiff avers that Defendant has failed and continues to fail to make any payments, leaving a balance due and owing of $1,221.99. 8. Although demand has been made, Defendant has failed to make payment of the amount due as above. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $1,221.99 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney Plaintiff A Law Firm Eng ed in Debt Collection BY: David pothaker Dated: 4/10/2008 Our File No.: 151531 I VERIFICATION hereby states that I am for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint 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 unworn falsification to authorities. DATE: r ----------------------------------------------------------------------------------------------- S ow Mom your love! t ` Special savings for Capital Ones Cardholders! * on your next purchase when i t % you use Promotion Code CAP66 ; Save (See reverse for details) 1 Save this code! Offer good all year long! Remember: Mother's Day is Sunday, May 14th t 1-800-flowers com. Call 1-800-FLOWERS' (1-800-356-9377) or Click www.1800flowers.com today! Your florist of choice. L--------------------------------------------------------------------------------------------------J MASTERCARD ACCOUNT MAR OS - APR 07, 2005 v((? 5291-0717-6363-5347 Page 1 of 1 Account S Previous Balance $62924 Payments, Credits and Adjustments $.00 Transactions $35.00 Finance Charges $14.45 New Balance $678.69 Minimum Amount Due $678.69 Payment Due Date May 07, 2005 Total Credit lens $300 Total Available Credit COO Credit line for Cash $300 Available Credit for Cash $.00 Payments, Credits and Adjustments Triussactions 1 07 APR CAPITAL ONE MONTHLY MEMBER FEE $6.00 2 07 APR PAST DUE FEE 29.00 You were assessed a past due fee of $29.00 on 04/07/2005 berwee your minimum payment was not received by the due date of 04/07/2005. To avoid this fee in the future, we recommend that you allow at least 7 business days for your payment to reach Capital One. At your service To ell C,etoma Rdatans or to report a bar w stolm .,L 1-800-903-3637 Send pkymau to: Sad ingWd. to Attm Remimence Processing Capital One Bak Capital One Sav" P.O. Bo: 790216 P.O. Boa 85015 St. L 6, MO 63179-0216 Richmond, VA 23285-5015 Finance Charges P/emeJeeretrsrrerrdejel tenpartant informahm Br! drab l l P.W. C r 1-a A MW apP r a . PR PURCHASES 1313.19 .07626%P 26.74% $7.11 CASH 1323.20 .07326%P 26.74% $7.34 ANNUAL PERCENTAGE RATE applied this period 26.74% PLEASE RETURN PORTION BELOW WITH PAYMENT oI'1e' 0000000 0 5291071763635347 07 0678690015000678691 PGadprut svdieralirn-rL c--oileJ?,s`d bel .ni,ybtw ar blmF:..k New Balance X78.69 Minimum Amount Due $678.69 settee Apt. b Payment Due Date May 07, 2005 (:iq Srsre ZIP Total enclosed $ - 1 Home Ph- Alemee Pb. Account Number 5291-0717-6363-5347 Ee.a Addle #9009830969626193# MAIL ID NUMBER Capital One Bank BARBARA A MILLER P.O. Box 790216 Irlulnsllulsllutll ?o 39 S LOCUST POINT RD St. Louis, MO 63179-0216 a MECHANICSBURG PA 17055-9709 Ii IIuBill Bill usllt6Bill ua66ulltlluue11AIIIlu6l Pime wite yoga accv=t number on yo cbak or money ordsr mode payable to Capital One B=k and mail in theemdored rn Iape J 04 Se t d W D 0 SHERIFF'S RETURN - REGULAR CASE NO: 2008-02752 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE (BANK USA NA VS MILLER BARBARA A TIMOTHY REI Z , Sheriff or Deputy Sheriff of Cumberland ounty,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MILLER BARB RA A the DEFENDANT , at 1633:00 HOURS, on the 30th day of April 2008 at 120 CREE VIEW ROAD NEWVILLE, PA 17241 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 15.00 Affidavit .00 Surcharge 10.00 .00 ?a??oP ? 43.00 Sworn and lubscibed to before me his day of , So Answers: R. Thomas Kline 05/01/2008 APOTHAKER & ASSOCIATES By. ?2,-?- Dep y Sher' f A.D. CAPITAL ONE BANK (USA), N.A Plaintiff VS. BARBARA A. MILLER, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.08-2752 PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Barbara A.Miller, in the above captioned case. Respectfully submitted, ,G '? 'r . Date: 40A Geoffrey Biringer, Esquire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 0 CAPITAL ONE BANK (USA), N.A. Plaintiff VS. BARBARA A. MILLER, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY : NO.08-2752 PRELIMINARY OBJECTIONS TO COMPLAINT - CIVIL ACTION Defendant moves for the dismissal of Plaintiff's Complaint - Civil Action, and as grounds therefore avers the following: Failure to Conform to Law and Rule of Court Pa.R.C.P. No.1028(a)2) and 1019(h)(i) Plaintiff filed a Complaint-Civil Action demanding damages in the amount of $1,221.99. 2. Plaintiff alleges it is owed certain funds pursuant to a credit card agreement with the "original creditor," Citibank and, by assignment, to itself, but fails to attach a signed written contract between the "original creditor" or any other creditor and the Defendant. Such a writing would form the very core of Plaintiff's case, but such writing has not been appended to the Complaint, nor its absence explained, as required by Pa.R.C.P.No 1019(h) and (i). 3. The Complaint fails to state the date of the alleged default. 4. The Complaint fails to provide any documentation or accounting of charges allegedly made by the Defendant, which would support Plaintiff's claim of damages, such as a breakdown of charges, payments and interest, so that Defendant could bring a Motion for Summary Judgment based upon affirmative defenses such as the Statute of Limitations and/or Counterclaims. WHEREFORE, Defendant prays that Plaintiff's Complaint be dismissed with prejudice for failure to conform to a rule of court. More Specific Complaint Pa. R.C.P.No.1028(a)(3) 5. Paragraphs 1-4 are incorporated herein by reference hereto. 6. The Complaint contains alleged claims for money owed, but fails to specifically account for the purported sums outstanding and for the amounts of payments made. 7. The Complaint fails to provide the date of the alleged default. 8. The Complaint fails to be specific as to the allegations of the amount due and owing and to state specific services or goods purchased by Defendant. 9. Even if an agreement was implied rather than written, Plaintiff has failed to specifically plead the date of default and provide an accounting of the amounts paid pursuant to an implied contract. 10. Plaintiff fails to state specifically how Defendant was enriched by the use of credit and fails to account for any payments made pursuant to a written agreement, a contract implied in law, or a theory of unjust enrichment. 11. Defendant is entitled to know how he has been enriched by the provisions of goods and or services and how payments have been applied to any alleged goods or services provided. WHEREFORE, Defendant prays that Plaintiff's Complaint be dismissed with prejudice for failure to file a more specific complaint. It Respectfully submitted: MidPenn Legal Services W/I/ le go> Atto ys for Defendant BY: ?? Geoffrey M. Biringer, Esquire 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 ID#18040 CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, being a member in good standing of the Bar of Pennsylvania, hereby certify that I served a true and correct copy of the foregoing Preliminary Objections on this 1st day of August 2008, by placing same in the United States mail, first class, postage prepaid, addressed as follows: David J. Apothaker, Esquire 2417 Welsh Road, Suite 21, #520 Philadelphia,PA 19114 27? ` By: eoffrey M. Biringer Attorney for the Plaintiff MidPenn Legal Services 401 E. Louther Carlisle, PA 17013 Supreme Court ID#18040 r., ;s1?-' ..-? r ?aJ ?? ?- Our File No.: 151531 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.# 55140 2417 Welsh Road, Suite 21 #520 Philadelphia, PA `19114 (215) 634-8920 Attorneys for Plaintiff CAPITAL ONE BANK (USA), N.A. c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, VS. BARBARA A MILLER 120 CREEKVIEW RD NEWVILLE, PA 17241 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08-2752 NOTICE 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.# 55140 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 6344920 Attorneys for Plaintiff CAPITAL ONE BANK (USA), N.A. c/o Apothaker & Associates, P.C. 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 Plaintiff, VS. BARBARA A MILLER 120 CREEKVIEW RD NEWVILLE, PA 17241 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08-2752 AMENDED COMPLAINT FIRST COUNT 1. Plaintiff, CAPITAL ONE BANK (USA), N.A., is a company with its principal place of business located at c/o Apothaker & Associates, P.C., 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114. 2. Defendant is BARBARA A MILLER, an adult individual residing at 120 CREEKVIEW RD NEWVILLE, PA 17241. 3. Defendant applied for and received a credit card from Capital One Bank account number 5291071763635347. 4. Defendant used the credit card, account number 5291071763635347, and as of May 12, 2008 there was an outstanding balance due and owing in the amount of $1,221.99. 5. Attached hereto as Exhibit "A" are the Statements. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $1,221.99 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engag in Debt Collection Y: imb rly F. cian, Esquire Dated: 8/18/2008 Our File No.: 151531 VERIFICATION t 4d lu , hereby states that I am ?Q«7 _ for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint 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 -Iq-0 9 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.# 55140 2417 Welsh Road, Suite 21 #520 Philadelphia, PA 19114 (215) 634-$920 Attorney for Plaintiff CAPITAL ONE BANK (USA), N.A. Plaintiff, vs. BARBARA A MILLER Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08-2752 CERTIFICATION OF SERVICE I, Kimberly F. Scian, Esquire, attorney for Plaintiff, certify that on 8/18/2008, I mailed a copy of the Amended Complaint by Regular mail to MIDPENN LEGAL SERVICES ATTN: GEOFFREY M BIRINGER, ESQUIRE 401 E LOUTHER STREET, SUITE. 103 CARLISLE, PA 17013 Date: 8/18/2008 Our File No.: 151531 Capbal0he whaft kl yorw teaBetY Your account is about to charge off as a bad debt. c • We report an Rg rating to credit bureaus when an account charges off. • Lenders and employers nationwide can access credit bureau reports. • An R9 will limit our ability to offer you financial solutions. • You will still be responsible for repaying the debt. Good news - it's not too late. • Call 1-800-955.6600 for payment options. • Pay with our free Check by Phone service • If you have online account access, log on to your account and pay now at www.capitalone.com. • If you prefer, simply use the remittance coupon below. The purpose of this letter is to collect a debt Any information obtained w81 be used for that purpose. ® 2004 Capital One Services, Inc. Capital One is a federally registered service mark. All 6" reserved. 045-0404 C ow" MASTERCARD ACCOUNT FEB 08 - MAR 07, 2005 5291-0717-6363-5347 Page 1 of 1 Account Summary Payments, Credits and Adjustments Previous Balance $582.40 Payments, Credits and Adjustments $.00 Transactions Transactions $35.00 Finance Charges $11.84 1 07 MAR CAPITAL ONE MONTHLY MEMBER FEE $6.00 2 07 MAR PAST DUE FEE 29.00 New Balance $629.24 Minimum Amount Due $629.24 You were assessed a past due fee of $29.00 on 03/07/2005 because your minimum payment was not Payment Due Date April 07, 2005 received by the due date of 03/07/2005. To avoid this fee in the future, we recommend that you allow at least 7 business days for your payment to reach Capital One. Total Credit Line $300 Total Available Credit $.00 Credit Line for Cash $300 Available Credit for Cash $.00 At your service To call Customer Relations or to report a lost or stolen cud: 1-800-903-3637 Send pa7mau to: Sad inqui,6e t« Arta: Ratitt.aa Prooeing Capital One Bank Capital One Service P.O. Box 790116 P.O. Box 85015 St Louis, MO 63179-0216 Richmond, VA 23285 -5015 Important Account Information please review the important information enclosed with your statement and keep a copy for your records. Finance Charges Pleare rev reverse side fer important information f N Balms rate Prwdlr C-=-, ROSE ppI duo at, ° PURCHASES $271.94 .071MP 26.24% CASH $5.47 $316.36 .07189%P 26.2M6 $6.37 ANNUAL PERCENTAGE RATE applied this period 26.24% PLEASE RETURN PORTION BELOW WITH PAYMENT ?0000000 0 5291071763635347 07 0629240015000629249 New Balance $629.24 Minimum Amount Due $629.24 Payment Due Date April 07, 2005 Total enclosed $ Account Number: 5291-0717-6363-5347 Capital One Bank P.O. Box 790216 11111I11111I1111111111 St. Louis, MO 63179-0216 161111111111111111111111111111111I11111'111111111111111.. IIII Pvemepria1 mad-9-dder:and/ -1 mg.bekmm.,ilimoral k.1. s- Apc a C+tY Sate 23P Home Phone Al- Phone #9006730969626198# MAIL ID NUMBER _ BARBARA A MILLER N 39 S LOCUST POINT RD MECHANICSBURG PA 17055-9709 o ?- O -_ IIIIIIIIIIIIII II II II11I111I1III VIII III II I111111IIIIII11111I II r Please vviteyour account number on your ebecE or money order made payable to capital One Bank and mail in the enclosed envelope. S °o 0 N , a p _N periodic rate. To abteln the average daily balance for the billing dod cove md by this ntwe take the bagi ng balance of each e.=:_ h day, add any new tfamactiose to each segment, and srbtract any paymems or credit.. (if the code N mppaam on the from of Able stnemrmt nazi to 8elame Rete Applied To; we else subtract any unpaid ficence dmrge kr !W 1n the balance of each se em.) TMs givea w the daily balance of each aepnem. Then, we add up all Me daily bolarca for each s0gntsnt mr the balling period end dNda by the hotel manbar o1 day b Ale billion period 0 The Prortegs . This gives ua the 3 sr% daily balance of each aegmem. . hike IAPR)• e. The temp 'Amuei Por?s?o Rate' may appear as 'APR' on the from of this statement b. If the cod& P (Primal, L 13-mo. LIBOR), C (Certificate of OepasiG, or 3 {Bantam Pdmel sppeam en the from of 0 watemem next to the pedodc rete(a), the pe'odic rates and corr.;harhdnp ANNUAL PERCENTAGE RATES may vary gwrtedy and may increase or decrease based the elated indices, as /sad in TM Wag Sturm JOUaeaI, duo the mango previously dimi" d to you. Then theynp. M1 be effective on the flaw day of J your vered byAprilyou,r periodic asatemerm ending blllirg pedotlhsco cy end r. In the mont Jmeary, Octobe c. If the code D (Prime), F 0-mo. LIBOR) or G (3-mo. LIBOR Repriced Monthly) appears on the from of your atatemaM mmv to the periodic rate(s), the periodic rate and co eoponding ANNUAL PERCENTAGE RATES may and see Indicles, as taxd In TM Wall decresse barred an the J meal plus the margin previomly do ad to you. Then changes will he sfmctive on the 'VdaY of your blilirg padol each month. 4. Assessment of Lots, Ovw4wk and Reasoned Payment Fns. Yom amount will be eaaened ne more than two of the ran Ilrtea here that mace during my billing period. Under the terms of put astomor agreemen t, we reserve digit to waive or not to asaen any as witheu prior nctlflcetion to you whheut wNNrg our riplt to assess the were or similar • at a Iemr time. 5. Yau Aeoout. If a member" fee appears on the from of this statement, yen have 30 days from the dam this stateroom wee mailed to pu t0 avoid paying the fam or to haw such fee credited m you If you camas your account. During this period, you may ...drag to tale Your accent without hevkV to pay the memhemh1p fee. To cancel Your aocant, you maw notify w by canrg our Cuvcmv =.' Dep UZ-1 mhd pay per 'New allrrce" In full (excluding the membeMp fee) Prior to the and of the thirty-My -led B. If Y. Cbs. You Aees?R. You can request to cbas pu accent by caging our C._. RNatk t mnem. You maw destroy your credit carols) anti accent awns decks, arrcel ell preautterizsd billing, and roan using your amount. If you do not a .W preauthoI bllilnq artangemenm, we wig eansder receipt o/ a durga you authodzrtim m r ecmum. AddtiarNy, pu actov- will not n deed on1B you payyall ou hew a amasses ymed, owe fi.naIrrcncekuNf arty tm g: o dosses, pew dum lle fees, , owdimt fees, , returned payment fiaa, ash atlwnce fees end =oh ns assesen m your octant. You are for these amounts whether they appear en yea acrxaat M the Alma You request to don the emout or they am fn-rmd subsequent to your requew to don the amount. This maY resoit in carves ammi rim on vas ac= ..8-may er vah Mw. Your amenrm If ft hea already been closed. For example, If you authorized • purohese hmn a merohent and we, receive the true = from the mmchem after your cant hex been arced. your sccaart wi mops d, ll be ro the amount of the eddied to large will be your aecewt, and yyoouu will be responsible for payment. If them I. a mernbeip fee for your amount, the fee will continue to ba theMrped, to the extent Permitted by law, Will the account balance hex been paid in full as defined shove. 7. Using You As ose t.Yors card or accost cannot be used In connection with any Internet gambling henaacdms. 6. Nodom Abet EJesasanis Cheek Co m olon. When you provide ea P. more you aurodze ten either to we Infoa checkhorn your check to make a one-time electronic fund transfer from your bank e-s or to process the psymem ass daek transaction. When we we Inmma on lram your check to make an electronic hid transfer, finds may be withdrawn from your bank moot n wen as the earn. day we -.I- yow Payment, and you will not receive your check beck from your financial Institution. BILLING RIGHTS SUMMARY (In Came Of Enom Or Questions Abase Your Bill) It you think your bbl N wrong, or If pu need mom Information on e trreectbn or bill, write to ua on a separate sheet act soon n possible at the address for '_.fles sewn on the from of this easement. We must hear from you no later than 60 days after we sent you the first ball on which Ale error or problem appeared. You can cell our Cumomor R ,atlona number, Ina ==m par lights. In your letter, give np Pena ma 1- your area and accoun comber, the dollar emaam of, he sQmpeudad error, a dsscdptiorh of the error and an explanation bi. of a pu bslaw there I. an error, or if year mom Inform on , a dasc j w of the Itemhpu arc urrum about. You do rash hew m pay any amount queen on Is we am Investlgatkrp It, but you re stall ohllgstn m pay the parts of your blllf th t sin not in quearion. WNIe v?e inveat!get. your question, we rammt mpon You as tfeilrgnent or .it. any action to collect the amount you question. I,t Special Rude for Credit Cam Purchases 11 you hew a problem wIM tla gushy of property or hawrn Chet You h c wash • credit cam and you hew tried in good faith to to correct the Problem with the d merche you may heve the dgirt not m pay the men hdng mar. rice m the property or se r You hew this protection oly when the mocha" Palm wee mom than $60.00 and the mochase was made in your home woe or WIN 100 Mlles of your mailing address. (If wo own or Operem the merchant, in if we mafled you the adpmaemwa for the properly or seMcea, ail puraasea are covered regardiese of amount or loea0on of pur h...) Rea. remember m spas ell cmreepandence. t Does not apply to cnaamer m-credit card accounts x Doan not apply to WW-- non Id/f all aceounts Caph 1 One supports kto =. Privacy protection: on our webahe at www.mempwhalerns.com. =RA1nancl On Is a federally registered service me- of Capital One al Coryornbn. All dome mnrved. 0 2003 Capital One 01LGLBAK 1. atatrr To AvaY A FM se Orris Prbd. You will hawa rnirhlmun grace period of 26 days without firanca surge op r-v purchases, new balance transmra, new .pads! purphnn std new other cargo if you pay your trs 'NeW Bala ee , In eccmdarrce wash the Mponam Notice for payments below, erd in time for It to be credited b your text Volemam e Ding date. Thera 1. m grace tie cssh sdwnces std special trsmfem. In addtbn, Is nc grece period on my tranncdon if you da r. peY the total 'New balance.' b. Aemuag F'itannes /Tags. Trarracpors which em not snt(ect to a grece pMOtl are esamoed fiance charge 1) tram de diem of the trrwcNM of 2) hour the dine the trerwctlan is rocesaed m flint calendar my ot the a billing period. Addlti tonally, if you did not pay da 'New Balance' hartr the reNOUs billing period in fill, Nrmnee charges contAne topscene m your oapaid balance udl the upsld bakme I. paid In hdl. s meerr that yen mayy still owe hhwhce charges, even if You pay the entire New Balance ktd(camd on the trod of Your Sir by he next statement dosing date, but did net do n mr the previous month. npaid flrarne dherges em added to the apllcable r l of your Amoat. tc. Mrksan FYnennes tlrrgs, fore DNlkg period tMt tm l RNANCE CH,'Eto1 $10.50 MINN berompesad. H the total finance charge reolMq imm the apgkation of yw Periodic nam(e) Is Iess than $0.50, vse wall subtract theta moan fray the $0.60 minimum and the differenrc will be biped m the purdhne eepnr. of account. td. Tsnpmary ReAnw)ea kr Firm- Course. We mnrve the ddx to men axon any or all finance charges for my given 2 billing period. . Avsrsga Oailf' Botrnso lasokndrnN New Rrdrn. e. Flrunco cherpe h celodatn by mditiplylnp thee daily balms of each aepnr. oT your mcaam (e.g., cash atlvrwro, puchese, special trerami, and apec4l purchase) byevlasly dime art ngtdaily periodic rate(s) then hea been the blilirp edod, we appy the dai?.? of eat daY dudrq p ?y periodic rate fm each aepnard .:;l f your aceaum m the deifyy been. of ndh sap' Then et the and of the loll period, we add W the fi. of three Wei ly "Watlon. to amw In you periodic flnarhca doge for each segment. We bad uprthe rerM from oath aspmmd to arrive at the toml prioilc flnhenhce daryp fo your emaurrc. To get the dallyy balance mr each aepnmt of pu amount, we take the begin stg balance mr each 00gmem and add zany raw trertsectionc and any periodic finance charge cs?alned on the previae days balance for til== rnt. Wb Mm eLI .any paym ar or cadre ct of t day tilt are eNocmetl tl cat aeOnmm. This gives w the saparne dairy balance your each eepnem of pu accoun. 'However, if you d the balansm w rl Oh+preNdw wemmam In fWl (or trenictlo new shown on Ym n/lidh was zero or a brauW amawU, row Pon to your pardon or spedsl purchase sePrneme am not sddsd to Uhs daily baiances togethe an the a. y dl"g the the daily C=: da awrand repe daidiwdag ly balathe wee b nc0 by 1by a the number the dap in the arrem billing cycle, To calculate te your total finance dugs, mddply your eDe dally Derma by the tlally psFl c rete em by the =rF or dsya In the bill g period Nun to touring on: daily bass, there may be a allgiN variance Detwem tNs cal-"`- and the .mornof flrerrce du acbafly assessed. b. If the cads Z or N appeam on the from of this satemem next to 'Balms Hate Appled To, we mdgply the Inphe enertrlt Netise: warm you mail to w WIN be credited to Yom account as of the business day we receive It, provided 111 you se nd the bonam portion at this watemmt and you check In tbsed remittsnco mvetape and (2) Your payment is received In our yroceseins center by 3 p.m. ET ([ 2 noon Pea. Reese allow at leave gas 6) btlrnese de fa Paymema racefved by ce atpaapnyr othm Imaslon br In any other form may ran be diced a of the u da ( p Verfyy Please do ncA use nepl e d1n sta. when prepedn you y wa receive town. Our business dap are Monday thragh S.wmay, exdudrg relda'y,. .maw[ for the amount of the check. This euthbrization sg r payment. Whenyou and w a check(s), pu auheri:e ce to make a rxa-dine eluttronic transfer debit from your bank us m meta a charge epeiraw your bank amaam using chock, eaN checks received dump the billing cple even If sent by aameo a else. If we cemot process the trersler, you authorize paper dreh or other hem. r------------------------------------------------------- 1 1 1 Show Mom your love !1 1 Special savings for Capital One* Cardholders! 01O on your next purchase when 1 you use Promotion Code CAP66 , t Save 5 (See reverse for details) t I Save this code l Offer good all year long I I Remember: Mother's Day is Sunday, May 141h 1-800-flowersicom. Call 1-800-FLOWERS- (1-800-356-9377) or Click www.1800flowers.com today! Your florist of choice. L--------------------------------------------------------------------------------------------------J o• MASTERCARD ACCOUNT MAR 08 - APR 07, 2005 5291-0717-6363-5347 Page 1 of 1 Account Summa Previous Balance $629.24 Payments, Credits and Adjustments $.00 Transactions $35.00 Finance Charges $14.45 New Balance $678.69 Minimum Amount Due $678.69 Payment Due Date May 07, 2005 Total Credit Line $300 Total Available Credit $.00 Credit Line for Cash $300 Available Credit for Cash $,00 At your service To all Customer Relations or to report a lost or stolen eur& 1-800-903-3637 Send Pgnlmts to: Sind inquiries to: Att.: Reeeitnnee Promung Capital One Bank Capital One Scrim P.O. B. 790216 P.O. B. 55015 St Louis, MO 63179-0216 Richmond, VA 23255-5015 Payments, Credits and Adjustments Transactions 1 07 APR CAPITAL ONE MONTHLY MEMBER FEE $6.00 2 07 APR PAST DUE FEE 29.00 You were assessed a past due fee of $29.00 on 04/07/2005 because your minimum payment was not received by the due date of 04/07/2005. To avoid this fee in the future, we recommend that you allow at least 7 business days for your payment to reach Capital One. Finance Charges Pleare tee reowre ride for I mportant in)SIAlatlon m Bel rate .&1adm Perms C monlnd rate R WEE PURCHASES CASH 3313.19 $323.20 .07326%P 2,6.7496 .07326%P 26.74% $7.11 $7.34 ANNUAL PERCENTAGE RATE applied this period 26.74% PLEASE RETURN PORTION BELOW WITH PAYMENT ?a 0000000 0 5291071763635347 07 0678690015000678691 New Balance $678.69 Minimum Amount Due $67$.69 Payment Due Date May 07, 2005 Total enclosed $ Accomt Number: 5291-0717-6363-5347 Pkaeprmt--d-9-Ai-aader e--deh91, itimoarug41-orK kmk. street APL s aq Sate ZIP Home Phee Al.... Phne #9009830969626193# MAIL ID NUMBER Capital One Bank BARBARA A MILLER P.O. Box 790216 Illnlnlllulull ulll a? 39 S LOCUST POINT RD St. Louis, MO 63179-0216 MECHANICSBURG PA 17055-9709 N I1111IIIIIIIIIIIII1111111111111IIIIIII1111II11111111III1111111 ? a PL-we writeyour account number on your Cheek or money order made payable to Capital One Boni and mail in the endured en hpe r Get sweet savings on Mother's Day gifts for all the moms in your life 1 1-800-FLOWERS.COM" always promises you and all the moms you love: • Freshest flowers artistically designed • Personal service 2417 for delivery same day, any day • 100% satisfaction and freshness guaranteed • The finest selection of flowers, plants, gift baskets, plush toys, gourmet foods and more • Gifts exclusively designed for 1-800-FLOWERS.COMe by leading brands you trust. 1-800-ilowerseomne Your florist of choice. woman a r_ aN? S 0 O N N ' no O ipN on your next purchase when Save l 5 * you use Promotion Code CAP66 Save this code! Offer good all year long! Call 1-800-FLOWERSO (1-800-356-9377) or Click www.1800flowers.com today! 'Exclusive of applicable service and shipping charges and taxes. items may vary and are subject to availability, delivery rules and times. Items can be ordered online and by phone only. Offers annot be combined, may not be available on all products and are subject to restrictions, limitations and blackout periods. Offer valid through 12/31/06. Prices and charges are subject to charge without notice. Void where prohibited. ® 2006 Capital One Services, Inc. Capital One is a federally registered service mark Trademarks mentioned herein are solely owned by their respective entity. All fights reserved. 1-800-FLOWERS is solely responsible for this offer and is not affiliated with Capital One. Capital One does not provide, endorse, or guarantee any Product or service shown here. 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. ® 20061-800-FLOWERS.COM, INC. T- 1-800-FLOWERS.COMO uses Secure Socket Layer (SSU encryption technologyto secure its website. rdodlc rate. To obtain the average daily balance for the billing pedod covered by this statement, we mks the heglming balance of each segment each day, add any new frareaotlore to each segment, and subtract any yments or -am. [if the code N eppe the from ofpathis mmemen most to 'Balance Rate Applied To,' we, also subtract any unpaid finance charge included In the balance as of each se?nmt.) This give us the daily bean of each room. an, we add up all the daily balance for each segment for the billing period and divide by the total number of days In the biting period. TN. gives us the averagqee dally balance Of each aegmera. 3. Mull Varears in Rata IAPRI. e. The tam -Annual Percentage Rate- may appear as APR' on the tram of tale statement. b. If the code P (Prime), L 13- LIBOR), C (Certificate of Deposit), or S (Bankcmd Primal appeam on the from of this mafemem men m the periodic Foe(s), the periodic rate and correep-112 ANNUAL PERCENTAGE RATES may vary quarterly and may increase or decrease based the stated Indices, as fowl In TM Wag Sheet -A.., , plus the margin yynviously disclosed to you. These change wiH he eiteotlve on the fiFo day of your billing period covered by your periodic statement ending In the months January, Al July and October. c. If the coda D (Prime), F l1-mo. LIBOR) or 0 Ill LIBOR Repriced Monthly) appear on the from of your armament nom no the Periodic rte(s), the periodic rates and corresponding ANNUAL PERCENTAGE RATES may vary monthiy and may increase or decrease based on the mated indicts, as found in The Wall Straat Jawing, plus win e he gin m pprevi?Me fi?eed to you. Then change th y of your billing period each month. 4. Aanawmit of Lets, OvIdM* and Returned Parinee tt Fes. Yots account will be assessed ro more than two of the be fired hem that occur during any billing period. Under the terms of your wmaner agreemern, we reserve the rigor to welve OF not to rasa any fees wltheut pprlor ratification w R without walvirp our right to ames the same or similar a at a lamr time. 6.nssirg Yov Aesaus. If a membership fee appeam an the from of this sutsmem, you hew 30 days from the date this st.tement was mailed to you to avoid paying the fee or to haw such to edited to you If you clinical your account. During this period, you may continuo to use you account without having to pay the menthe s by by fee. To encal your ecoant, you must notify calling our and Pay and yo Neer Balance' nce" In fill the thdirg the membeshpurfs) prior m the end of the thirty-day part. e. If Yom Clesa Yav Asaaesi. Y=. n reglset to dose your accourtYyar myutn datror Relations Department. y your credit cad(s) and acuwuat access chacks, cancel all preauthorl tilling, and ese using your account. If you do not cancel preau8adz•d billing arrargamrats, we win consider recaipl of a darga you authorization to reopen your account. Additionally, your account will not be deed unN you Pay NI amoonta you owe us including: any trennactloro you haw audsrized, Banc. charges, part due fee, overilmIt fees, resumed payment fee, cash advance fees and any other fee assessed to your account. You am responsible for than smarms whether they appear en your acoxunt at the time you ragas[ to dose the acrourtt a they are Irharred aubsequaM to dim1 r In anon you secant after - he- your account if It has already been closed. For example, If you authorized a purchase ft= a merchant and we receive the tri nsemlon from the merchant after your accoure has been dosed, y- account will be reopened, the amount of the charge 'II be added to your account, and you will be responsible for payment. If them Is a henNp in /o your account, the fee will corml to be chargpeed, to the e-am permitted by law, until the ctrount hey Ience has been paid in full es defined above. 7. Uaig Yea Aseou nt.YMF card or account cannot be wed In connection with any Im erne, gambling transactions. 8. Notlse Akos Ekmbenle Cheek Cawsslon. When you provide a check as payment , you authorize us either to use information from your check to make a one-time Nectredc fuel transfer from your bank account or to inamas the payment es a .rack transaction. When w o use, Information from your check to make on electronic fund transfer, bonds may be withdrawn from your bank acco nt es seen as th e area day we receve you payment, and you will not mceive your .heck beck from your financial institution. BILLING RIGHTS SUMMARY (In Can Of Enron Or Guetloro About Your Bill) It you think your bill Is wrong, or It you need mom nfomatlan on a transaction or tell, write to us on a aeparam Nast as soon as Penna. at the add- far Inquiries drown on the from of this Nstemem. We most hear from you no leer than 80 days after we seem you the firm bill an which the error or problem append. You can call our Cuatano Relations number, but doing s will not starve your right.. In your letter, give us the fdbwlnq P formation: your name and account nunb.r, the ddlar amount of the suspected error, a deacription of the error and an explanation, If possible, of wlhy you bell" there Is an error; or If you need mom Interimlon, a description of the Item you are unsure about. You rb not hove to pay any smoraw In question while we are Invatiini It, but you are still ObIN=.d to pay the parts of your bit that am rrot in qumdon. While we Nwed to you goat rs" we cannot report you as delinquent or take any action to collect the amoont you question. I,t Special Rule for Credit Gd Purchases It you haw a problem with the quality of property or Mces that you purchased with a cmct cad and you me iced In good faith to correct the problem with the rcham, you may hew the night rat to pay ft. m reining moan cs an the propert y or s"A You haw this pFoecflon ally rdhen the purdhes pries was more then 860.00 and the purdaee was made In.. your hone state or witNm 100 net of your malllnq addr. (If w o own or OFF the merchant, er If we mailed you the ad,=. 1. the property on sMCa, all purchases are covered regardien of smoum or Iocstion of Purchase.) Please remember m sigh all correspondence. t Ores not apply to consumer moo-creott card accouds I Goes not wry m bualeass nan-a card accounts Capital One supports Information privacy protection: se our webehe et www.eeaapplIttsbro.can. capital la tedenlly redst*red service mark of Capital One .,=. l Corporation. All rigs reaerved. • 2003 Capital One 01 LGLRAK 1. Haw To Avoid A Fir- Charge. ta. Onsa Mkd. You will have a minimum grace period of 26 days without finance cherpa on new purchases, new balance transfers, new, spade purchases and new, other charges N you pay your torsi 'New Balance', in axordence with the Importrn Nuke for payments below, b in time for it to be credited byy you rest statement doalnq dam. Thera Is ro grace period on cash adva curd epedeI treehm. In addition, them Is no grace period on any transotion if you do not play the total 'New balance.' It. Alienaag Finishes Change. Tnminordtlas which am not from subject ti to r date oaf thee transaction of 2) from the date the ) tnmection is proceed to you pocant or 3) from the first -land, day of 1M current Account period. Additionally, If you did nth pay the -New Balance- from the previous bung period In full, fine nte eha ordrxra to aecnve - Wrs unpaid Wanc. utdl the d IF. la paid 1. fell. This maere that you me==ad floc- n the a, even If yon pay the and. New on the front f your atatemrrht by the rota atataNrg date, but rid root de s for the previous t ipeid flrar c an ndatl to the appMcable of your Aco. for sac ti lling period that tc. Mlnpt the hat your aoism ccost Is million Ili0)on act to e charge, a minimun tall FINANCE CIURGE of a0.60w61 be Imposed. If the total fbarrw desr? nwltlrq from the application of you pemodk ram(s) is lwe than a0.6q, we MI mbtram tfutr come t from the $0.60 mtrarant had the diff.- will be billed to the purchase eepnant of ii-.-oont. td. Tarrpssy Rsirsfi- In ikune. charg We reaerva the dam m not name any or all I_ dargas for any gi- bfing period. 2. Average Dilly Bslarsa Itnakdkg NOW Putelsssrl. a. Nuance charge Ise calculated by mthiplying the daily balance of each sag ierrt of your dccaat (e.g., cash advence, purchase, special transfer, and special purchase) by the corresponding daily pedodid rate(s) cat has been previously declined to you. At end of sch day during the bNNrg Iscod, we apply the day periodic ate fo ach eegmerm o yrep aorwm m the Y bslarae of sadh aegmant. Then at the ond of the Epp parted, we add up the rot 2 of three daily calcllatl to arrive at your periodic finance dirge for ach cur. Wa arid up the result. from each segrrsm be errivb m the I Pedodc Banco cherga br your acocont. a Net the dallyy balanux far eachagnent ot you acoourm; we take the b balance for ad1 aegnram and add any new troreactiona end arty Perlodc finance Oliver lmisted on the provious days Warne for t.hposgront. ilk then sMram any pay . or credits nied as of t(retday Uat a allocated gives w the separate dally is Wance to than seamen. This fa each sePn•nt of your acca.rt.' However, If you pact the New Baance shown on your Pm" smemsnt In iWl or if your new balance was zero or cull credit amount), now transactions which pat to your haa or special purchant estimates a calculate the a daily balance by adding number ofy added V lg e1 Five daily baiartcea together and cNdkg the sum by tl the day. In the arruht billing ". ?gi To -'I late your total finane charge, retltipl aver deny balance by the dally periodic rate and byour y the main r of days In the billing period Due to ramcng on a dally We. to may be a eNgM v dance between tNS cal- on of anti the amount finance des rye actually assssed. b. If the code Z o N- m tlr from of this Natemem next to 'Balance Rata Appled To,' we multiply the 11041- ltiyyyarsx onvai mail m w wBi be crodite0 to your account es of the husiroe dey uses recelw It, provitla (1) you send the brman portion of Wa aatemant and you dveck in tnpahents==b, ra ape end 12) your p%=t h received In our praceasing can tar by 3 p.m. kT (12 noon PTI. Plese Mow at lam five (6) Worries de for p xludi asul "calve Payma ? her ?cet eon Iher form may not be credited as of the day recelw them. Our bovines days arc Monday through Saturday, etng ho8dryip. e son do rot um sta clips, preparing your pa When you send - a dsaklN, you authorize s to make a one-time electronic transfer debit from you bank era for the amount of the check. This authorization applies to a checlu received damn. the billing cycle even if son by someone else. If we cannot process the transfer, you authorize use to make a charge against you, bank account using the cheek, a paper draft or other hem. S. Your account is temporaril sus ended 042 y p from future purchases and cash ACCOUNT STATUS FOR: BARBARA A MILLER advances due to its past due status. A good credit radng can help you get credit cards, 60 DAYS a cell phone or evon a job. PAST VTiE' We may be able to help you restore your charging privileges: • Use our free Check by Phone service by calling 1-800-955-66oo. TEMPORARILY is Call our friendly associates for payment options at the number above. SUSPENDED • If you have online account access, log onto your account and pay now at www.capitalone.com. Capi/a CW is If you prefer, simply use the payment coupon below. While In Nowwalla!?" The purpose of this letter is to collect a cleN. Any irdovnanon obtained will be used for that purpose. O 2004 Capital One Services, inc. Capital One is a federally registered service mark AO rights reserved 042-0404 J 4 Cap IOne" Account Su Previous Balance $535.34 Payments, Credits and Adjustments 5.00 Transactions $35.00 Finance Charges $12.06 MASTERCARD ACCOUNT 5291-0717-6363-5347 JAN 08 - FEB 07, 2005 Page 1 of 1 Payments, Credits and Adjustments Transactions 1 07 FEB CAPITAL ONE MONTHLY MEMBER FEE 2 07 FEB PAST DUE FEE New Balance $582.40 Minimum Amount Due $282.40 You were assessed a past due fee of $29.00 on 02/07/2005 because your minimum a ment was not Payment Due Daze March 07, 2005 p y received by the due date of 02/07/2005. To avoid this fee in the future, we recommend that you allow at least 7 business days for your payment to reach Capital One. Total Credit Line $300 Total Available Credit 5,00 Credit Line for Cash $300 Available Credit for Cash 5,00 At your service To all Customer PAinions or to report a loot or stolen nrd: 1-800-903-3637 send paymenu to: Smd inquiries to: Attn: Remittance Promsing Capital One Salim Capital One Servim P.O. Box 85147 P.O. Boa 85015 Richmond, VA 23276 Rchmond, VA 23285-5015 $6.00 29.00 Finance Charges Pkas- ntt ide fr impotant ino matioa b o at PI Conarpo,.disd ?j?$ g sl appbdf. uo 'W rer R E PURCHASES f23L61 CASH .07189%P 26.2^ f5.16 $309.72 .071N%P 26.2^ 56.90 ANNUAL PERCENTAGE RATE applied this period 26.24% PLEASE RETURN PORTION BELOW WITH PAYMENT 0000000 0 5291071763635347 07 0582400015000282402 New Balance 1582.40 Minimum Amount Due $282.40 Payment Due Date March 07, 2005 Total enclosed 1 Account Number: 5291-0717-6363-5347 Capital One Bank P.O. Box 85147 111 ll 111 r rill larrll III Richmond, VA 23276 III lrlullntlrllurltllnllnt1lnlllunullrlnllurllulrl Pkatrp,mtmailisd -&--mad chalirr, brkm..g b/w-Rd kmA. Street Apc e awry S- ZIP Home Prone Alternae Ph- #9003930969626197# MAIL ID NUMBER BARBARA A MILLER o 39 S LOCUST POINT RD MECHANICSBURG PA 17055-9709 ° IrrrlllrrrllLrrrlrlrrIs 61,lu6ulIII ulrlrlull1l,lr1rlrl,l F Pkme raritey? accoartt number onyour check or money ordn madepayable to Capital Ow Bank andmailin the encloredenvelope. s S 0 O i p?O I OWN 1. Hew T. Aveld A Fksuse Charge. t a. saes PrNd. You MX have a minknun grace period of 26 days without flrence char on new purohssea, new balance tranef ns, new spadart urchases and new other charges if you pay your MAO; Balance", in :-tedance with the hportrce Mr payment. below, tement ad in time bat It to he c edtad by yv _m :::d dump date. Them is ro greee pe?lotl on wnzs end apedel Immirlere. In addition, tfrme ie no grata period on any I!-.d- if you do not pay the total 'New balance.' b. =%F=C=- Tea oat MYdn am rat ere amas flrence charge 11 from the dam of the transaction or 2) from the date the transaction is prana»sad to yMwm Aacamt or 3) item the flat calendar day of the arrom bit period. Addtlomilly, if yea rid not Pay the 'New Belaauw? hen the provioue hohus ling period Tl full, I- darnel a..d to acorns to C apes helaree cannot the ups balance I. paid in full. C naam dot you meyy sell owe flmmx .bargee, even If you pay the arsim Haw Balance indicated an de hotel of yes rmemont by the nett Mail cluing rime, but did not da so for the pnvbu month. Up. fineree .herpes am added to the a e segment of your Access. period. rate.TO abimn dire awrege tlaily balance for the NIXng pedotl covered by thla rtetamem, we take the heel g balance of each segment each dry, atle any new trammcllom to each sspmem, and subtract any papnems or .radio. (If the code N appears m the from of the mmsme: text to , Sale= Rate Applied To; we eta subtract any unpaid flronz charge innrAead in the belame of each aegm ) Tim eves ua the daily balance of each se((ames. Then,m. vsa atld p aN the drilyy balance for each segment rote the bRirg padad and dvide by the total number dI dap en the f" Period. The give. u the average dally balance of each segmmt. 3. Amu Param- Rate CAPRI. a. Th. he term 'A "Arumuo percentage {ate' may appear as APR' on the from of of this the rtnemont. b. If the code P (Prim), L 13?no. LIBOR), C (Grd1cre of Depodt), or S (1=).rd Pdmel ellpan on the from of to rtelemem roxt m Me pedodc Isle(s), the peI' rota and carreapondng ANNUAL PERCENfAOE RTES may vary quarterly and may increase or decrease based on de med indices, as found in TM Wag Seem Joanna/, platus the margin yyraNounly disclosed to you. Theme therngu MX be eTlectiw on the first dry of your blllkg pemd uwmdl by your pedodc smtemem ending your atxmun If tt hen already been dosed. For example, If you euthalzed a puroh... from a memheni and we mcew the transaction from the merchem after your, has been closed, Vow account MN be reopened, the amount of the charge will be added to your account, end yyoouu vrlll he =b le for payment. If there is a membership fee ecoam, the foe will continue to b darged, to tote moment pemdtted by law, uml the -..count be,._. has been paid in full fie defined above. 7. shire Your Aeeaud.Yor card or account unrot be used In connection with any Imema gambling Immuctions. 8. 111aUe AbM 10.Mme Ouak Cmtwrslen. When You provide a check as payment, You authorize u either to use inlwmetlon Irorru scar deck to make a one-[Iota electmJc hod tnnsfer from Your bank account or to process the payment a- a deck transaction. When we e information from Your deck to make an electronic fund transfer, had. m thery he withdrawn from your bank account sa soon fie same day hoe receive yo payment, and you will not receive par deck back from Your financial imtitudw. 'r c. MW_ Fb-. Champ. For ads bNINV period that your age, a midmum total FINANCE CHA E t of 10.60 X be Imputed. If the total Manz charge rewtdrq from he ICatlon of your periodic tote(s) Is leas elan 10.50we will s.btrem flat ass iron the $0.60 mlNmu, the difference wXl be wed to the p[rdue espr?art of spur arxaat We re. td. Temporal R-dMlen n Firruu flyrga. serve the fills: to not eeaee any or aX finarwe charges for any dwn bdlinppe? aria 2. Averse- -Y - I- Ikmafreflne New m sing j ?prelnpsl. e. Penance large la ululeoed by to dells =71P==- mroots and cant (e. special cash apetl purchase) by 1M comapondng dWy periodic rate(.) that has been P.=, dadosed m yea. At the and of sach day during tthe ng re=ad, we apply Me daNpad od anc Isle for each egmam o1 your aecornt to the ba of ech a.(mneM. Then m m and of to mg Perbd. we add up the resdta of the. daBy ... to antes m year periodic Hmnce durga for each sm. We add up to eulte ham each =. m a:ve n de tool pedodIc flrence therge for your ccomas. Td I1et the dell"y balance for each sew.. of yam accourd, we take the begYNnp balance for ach aepnant and add n new transactions and any redc flnenu large aced on the preNas days bell nce for thet segnem. W than subtract any Payments or crsdta pored as of day shot are eNocmad to ? To s give u the porno daily balance hew Mown Your account. owewr, if yea paid the a. - on your previ natemem in Tull for if your new balance was zest or a (edit emout), new tnrreetlans vmich pan to your or spade pwdhaa aepnants are rat added t the dally balances. We calesete tle awrege 1141:" y adding aX the daily bal ances together and by Me number If the dap In to current Willing cycle., To calculate your total flrence .large, mul[iply your aver a dads balance by the dally period. ate am Dy the ram of dap In the bllNng period. Due to rounding on • dally es, them may be ¦ sX()Im vedance between is ulcui lea and the amrxmm of flrence du acuafiy aesamad. LIBOR RpniCad Monty) appsare on the fears of your rtatement nets to the period. ml the pedrMc Islas and rzrreapordn ANNUAL PERCENiAOE RAT" may vary monthly a may increase or ducroase based on the rated indices, as found in TM WM Sham Jbrmm/, pica. the margn previously decloaad to you. TMa. changes will he eHactiw on the first day of your billing period each month. 4. Asst " W Lab, OvrRrlt sari Rebated Pays et Fes. Vur a==7=1r mammased ro mre than two W the tau listed during any blBkp period Under the tems of your customer agreeme:, we ra- tie right to waive or not to asses any fees without ydon netiflutlon m whheut wNvNg car right to awes the came or And relater time. 6. en-vrimp Yaur Aaaaut. If a memMrNip fee appears an the front of this steamers, you haw 30 dap iron the data this statement: was mailed to you to avoid =!Z to or ta such fee credited to yea Ii you r atxtart. During this period, you may =r4=. yur artrxart Mteut having to pay the To or your account, you must n and otify us byytcalling of Cutomaf RNie1em fMpamneni m-here* fee) Prior torothe end of the thirty-day pedod. 8. If yea Cbse Yaw Aunt. Yu can mouse w ebse ryo =.M.1=1 ==1=0 D count actand and cam access checks, cancel f all pmauModied dzd billing, and cease uelrg Your accout. If you do not canal preautlarizad Ifirnp arrngamerm, wa MN consider rxelpt of a charge sow autlhodzation m ectzurt. Additionally, yam acrnont Mtl not be dosed udll you pay at due tea, ees amount you owe u trmdmrdrg: any yea hew tntladzed, 1Nuroe c, rt ,o k duo fees, reWmed payment h me, , cash adverse tees ea and any other fees theme ad to your accent. You ere responsible for theme mowa wfether they appear, on your eccaas at iM clam you menses he dome the acootmt a they am incurred sbserimm to Your request to clue the arxaum. TN. mmy mum in chemgea app-,kV on your account .her yu hew BILLING RIGHTS SUMMARY Yon Came Of Eno. Or 0u..dom About your Bill) If You think your bR b wrong, fir R Yoe dta to need a moonme hdomatlon on o tnrwctlon or ball, w salmorm sham am soon me Po..be at the add- for ingtides shown on the front of to statement. we must he ar tram yea no Irter than 80 dap .her we sent you the flnn bill on which the emu or problem appeemd. Yu can cell car C--. Relations number, but dolng act wR not Preme m r dghn. In Your letter, give u the following smart of dmeamr neme and accu a number, the dollar and an enplanes fllan posele ble, wh riyou of tlhe emu yy you bdlew dare Is an emu, YO if you reed mom . You d no ¦ ,eseriptlon of the Item you arc usure .bar. You rb tea heve to pay any amaat m gtuestlon v,dla sea are InveetlpstYYnnpp It, brut You re es onlWtad m pay tle peon of your half then em no in question. WMIe we mwsligete your timed., um unnm report you as delimpens murk. any action to collect the amount you question. t,t Special Rule For Credit Card Purchamas If you hew a problem MM de quality of property or :rA 2 that you purchased with a credit card and you hew tried in good Lich he .amts the problem Mott the memheM, you may hew the right not to pay the remaining Potent dire on the pmp.rty or seMea. You hew to protection rmYy wlen the purdnese price was mom than $50.00 and the purchase urea made In your bane rate or Mtn 100 nibs m YOW muting address, (lf M own or operas the march::, or if we .Had you the adyemserrem for the property or eMce, all purchases em co vered regerdea ot amoun or bcatlon of purchase.) Please remember to algn all correponderoe. t Ones mot OAPIY Act commoner mote-cradM cwd -m& i Goes not Ap/y to business non-credzt uzd accounts Caphel One suppom Infomatlon privacy protection: ass car w+belte at www.Capitatae.cam. CePhal One le a federally rrgirered aeMce mark of Capital One Financial Corporation. All dghtm reserved. s 2003 Capital Ore Ol LGLBAK b. Ii the cede Z or N appears on the fees of tNs me,__ next to 'Balance Rate Applied To,' we mrmicv the Imr rlkancbNotsei": "W": payments you mail to tae Mil be credited to year account as of the bulneaa day we receive It, provided (i) you and to bottom pordon of fhb matamem end your deck P the en rocelvad i uape arch (2) yaw yman la renziwd In our proceeing center by 3 p.m. E7 (12 neon PT). Reese allow at leer live (5) babes dap for prate wry, React do Ism fie ate u. at any other loeatlon ot in any o[her fin may not be credited as of the day recelw them. Our bue mta dap am Monday through Saluday=1r--=k Wdap. pl paper eet?a, ae. who prepedrg your Yoeym-k- m yyhen yea and m e check(.) yu auhedze u to make a ore-time electrocc trenefer debit fccoum for Me amount of the clack. Thin auMrsization applie to aX dseka received during da bd 0 cycle even If sera by someone else. If we Carrot procea the tmmkr, you authorize to make a charge sgsimt year bank acooum uenp he check, a paper dreh or other ken. ?13 trn IN) Cw. A "'C r W" CAPITAL ONE BANK (USA), N.A. Plaintiff vs. BARBARA A. MILLER, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.08-2752 PRELIMINARY OBJECTIONS TO AMENDED COMPLAINT Defendant moves for the dismissal of Plaintiff's Amended Complaint, and, as grounds therefore avers the following: Failure to Conform to Law and Rule of Court Pa.R.C.P. No.1028(a)2) and 1019(f)(h)(i) 1. Plaintiff filed a Complaint demanding damages in the amount of $1,221.99. 2. Defendant filed Preliminary Objections on August 1, 2008. 3. Plaintiff filed an Amended Complaint on August 22, 2008. 4. Plaintiff again alleges it is owed certain funds pursuant to a credit card agreement but fails to attach a signed written contract between the Plaintiff and the Defendant. Such a writing would form the very core of Plaintiff's case, but such writing has not been appended to the Complaint, nor its absence explained, as required by Pa.R.C.P.No. 1019(h) and (i). 5. The Amended Complaint fails to state the date of the alleged default. 6. The Amended Complaint fails to provide any documentation or accounting of charges allegedly made by the Defendant, which would support Plaintiff's claim of damages, such as a breakdown of charges, payments and interest, so that t Defendant could bring a Motion for Summary Judgment based upon affirmative defenses such as the Statute of Limitations and/or Counterclaims. 7. The three statements attached do not even support the amount of the Plaintiff's claim for $1,221.99. WHEREFORE, Defendant prays that Plaintiff's Complaint be dismissed with prejudice for failure to conform to law or a rule of court. More Specific Complaint Pa. R.C.P.No.1028(a)(3) 8. Paragraphs 1-7 are incorporated herein by reference hereto. 9. The Complaint contains alleged claims for money owed, but fails to specifically account for the purported sums outstanding and for the amounts of payments made. 10. The Complaint fails to provide the date of the alleged default. 11. The Complaint fails to be specific as to the allegations of the amount due and owing and to state specific services or goods purchased by Defendant. 12. Even if an agreement was implied rather than written, Plaintiff has failed to specifically plead the date of default and provide an accounting of the amounts paid pursuant to an implied contract. 13. Plaintiff fails to state specifically how Defendant was enriched by the use of credit and fails to account for any payments made pursuant to a written agreement, a contract implied in law, or a theory of unjust enrichment. 14. Defendant is entitled to know how she has been enriched by the provisions of goods and or services and how payments have been applied to any alleged goods or services provided. J WHEREFORE, Defendant prays that Plaintiff's Complaint be dismissed with prejudice for failure to file a more specific complaint. Demurrer, Pa R C P No 1028(-)(4) 15. Paragraphs 1-14 are incorporated herein by reference hereto. 16. Plaintiff has not alleged or attached an agreement between the parties, an agreement implied in law, or any other theory of recovery. WHEREFORE, Defendant prays that Plaintiff's Complaint be dismissed with prejudice for failure to state a cause of action. Respectfully submitted: MidPenn Legal Services UAtto eys for Defendant BY: ?` Geoffrey M. Biringer, Esquire 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 ID#18040 i CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, being a member in good standing of the Bar of Pennsylvania, hereby certify that I served a true and correct copy of the foregoing Preliminary Objections to Amended Complaint on thisd ay of September, 2008, by placing same in the United States mail, first class, postage prepaid, addressed as follows: Kimberly F. Scian, Esquire 2417 Welsh Road, Suite 21#520 Philadelphia,PA 19114 MIDPENN GAL SERVICES --? By: Geoffrey M. Beringer Attorney for the Plaintiff 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 i7 rr7"'r• ?`-7 Our File No.: 151531 APOTUAKER & ASSOCIATES, P.C. BY: 'Kimberly F. Scian, Esquire Attorney I.D.# 55140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff CAPITAL ONE BANK (USA), N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, VS. BARBARA A MILLER NO. 08-2752 Defendant. PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engaged in Debt Collection ly F. Scian, Esquire Dated: 9/25/2008 ? -rt "t cr,