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Home My WebLink About08-2886IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: ?$ a8$1bb of U t vs. COMPLAINT IN CIVIL ACTION MALLARY M CURTIS Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 06317107 C N Pit ABR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No MALLARY M CURTIS 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 (USA),NA 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: MALLARY M CURTIS 316 A N 2ND STREET WORMLEYSBURG, PA 17043 3. Defendant applied for and received a credit card bearing the account number XXXXXXIKXXXXXXXXX6842 . 4. Defendant made use of said credit card and has a current balance due of $2238.01 , as of April 08, 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 28.2406 per annum on the unpaid balance from April 08, 2008 . A copy of Plaintiff's STATEMENT 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 , MALLARY M CURTIS , INDIVIDUALLY , in the amount of $2238.01 with continuing interest thereon at the rate of 28.2409.- per annum from April 08, 2008 plus costs. James C. WELTMAN, 436 Sev Pittsb (412) ? FAX: 1" 063 1 ax uroaL,42524 W INBERG & REIS CO., L.P.A. t Avenue, Suite 1400 PA 15219 7955 338-7130 C N Pit ABR This law firm is a debt collector attenvting to collect this debt for our client and any information obtained will be used for that purpose. idFo -1 11 CAPHalOne` Account Sun. Now With FREE Accelerator for the first 12 montl?sr-a sgp value 97* a month for first 3 monMS; $4$9.95/mo, thereafter SIGN UP TODAY! 1-888-587-9669 Mention Offer Code: EMERALD Or visit www.peoplopc.com/go/emerald Previous Balance Payments, Credits and A4i Lgments $1,53439 $.00 Transactions $35 00 Finance Charges . $3359 New Balance $1,602.98 Munmum Amount Due $1,602.98 Payment Due Elate April 15, 2006 Total Credit Line $1 000 Total Available Credit , $ 00 Credit Line for Cash . $1,000 Available Credit for Cash $ 00 At your service T. .aB Custom" Rdatiom or to report a lost "stolen card: 1-800-903-3637 Send payments to Send mquirio to: Attn: Remittamx promaing Capital Oft Bank C*w One P.O. Box 790216 P.O. B. 30285 St Louis, MO 63179-0216 SLC, UT 8413o-o285 lutportattt Account bdbrmatien Please review the enclosed privacy information and retain it with your accoum records. Also visit www.capiWone.com/creditcw& and dick on the Visit the Guide to Benefits link to learn about your latest Via or MasterCard. account benefits. The dean lions in this online guide replace any information you received in the past. For a printed copy of the Guide to Benefits, call the Customer Relations number on the back ofyom card. PLATINUM MASTERCARD ACCOUNT 5178-0524-8285-6842 Payents, Credits and Adiustments FEB 16 - MAR 15, 2006 Page 1 of 1 Ttatlsacdons 1 15 MAR PAST DUE FEE $35.00 You were assessed a past due fee of $35.00 on 03/15/2006 because your minimum payment was not received by the due due of 03/15/2006. To avoid this fee in the future, we recommend that you allow at least 7 business days for your payment to reach Capital One. EXHIBIT __-J??? Finance Charges Plaueseeremurrde e»im j portant information Bdaturrah gyrvdte rax R PURC HASES CASH $1,453.34 .07737%P 28.2496 $31 48 $97.18 . .07737%P 28.24% $211 ANNUAL PERCENTAGE RATE applied this period V PLEASE RETURN PORTION BELOW WITH PAYMENT V 28.24% C4pita,low- 0000000 0 5178052482856842 15 1602980215001602987 New Balance 51 AiPW-rmgalbrrr? e- ai/rlmrgs &lecuse ngb/ „brs,•,F;,r? ,602.98 MiniteurnAl?tunt Due $1,602.98 Payment Due Date S rx April 15, 2006 Ape 4 Total enclosed $ Orr S_ ZIP C AeeountNwnber 5178-0524-82t5-6842 Home ?OOC Ahemae Pb- FmsIlAddner #9007529749626968# MAIL ID NUMBER Capital One Bank -? MALLARY M CURTIS P.O. Box 790216 1111311111111111111111 N 316A N 2ND ST St. Louis, MO 63179-0216 c WORMLEYSBURG PA 17043-1103 Pkare tnriteyourv nreount number onyoiv the<k or money miler madepeyubk to (•apifnJ OneBmrk rndmail in 1M enr/?uederrzrlo?e. peoplepc- online u A better way to Internet. PeoPlePC Online offers the features you would expect from higher-priced Internet Service Providers at half price for the first 3 months! Virus Protection Powered by SymantecT1 ® Pop-Up BiockerTM g Spam Controls 42111P ' Smarter Smart Dialer Technology ® EW More Email Addresses ® * Internet Call Waiting peoplepc- online U A better way to Internet. UNLIMITED INTERNET ACCESS SIGN UP TODAYI 1-888-587-9669 Mention Offer Code: EMERALD Or visit www.peoplepc.com/go/emeraid PeoPmPC is solely responsible for this offer, and is Trot affiliated with Capital One. Capital One does not ned hprovide. endorse reserved. senduct or service shown here. Any trademarks mentiherein are slay or guarantee, and s not a chive d All with, rights any pro By mspondip to this offer our may be cam about yourself to the cam Y apical anal information owned a the ed 8 n t errory. company that provides this product -for example, tat you are a Capital Ore customer. 'PwplePC Online: Fret 3 months are billed at S1.97 per month; $9.95 par mpmh thereaher. Offer available to new dial-up subscribers at least 18 years of age and may not be redeerred with any other offer, Offer subject to change at any time. Phone technical support available for $1.95 per minute. tAccelerator is free for 12 moriths. Offer good for limitad time. After the first 12 months, the Accelerated service rdtl automatically revert r the Standard PeoplePC Online service. Offer subject to change at anytime. With PeopleK Online Acceleramc, certain Web page text and graphics will load faster when compared tc standard dal-up Internet service. Actual results may vary. PeoplePC Onine Accelerated is only compatible with PeoplePC Online Internet service and specified Windows* browses. PeopleK Online Accelerated is not carrrpalible with Windows® 95 with HE 5.5 SP2. Service not available in all areas, Access fees, tares, and other fees and restrictions may apply. Telephone tUl charges may apply. even during trial periods You are responsible for determining whether a call to one of our access numbers will result in telephone top charges. Access may be limited, especially dung times of peak usage. Oiai- id numbers may be changed at PeoplePCS discretion. Continuous use subject to timeout procedures. At use is subject to PeopLPC Onlinels Services Agreement and Acceptable Use Policy. 56K is the rrazoolim speed of service; actual speed may vary. 0 2006 PeccimK Inc. All Rights Reserved. PeopleK Onme and its logos are trademarks of PeoplePC in the U.S. and other countries. C 2006 Capital One Services, Inc. Capital One is a federally registered service mark. Ale rights reserved. 1. ris ter. 8 O I N ONI b nN secruc to mid in fib. Your Pay the enure New ?alarhce Indicated mfmrtof deteb for tee PriwMam end am Unpsidd Ilmenee date, but charges c are added m urn appirable aegmnt mf yams AoppK -f . Militiaman flmamaes Chrctga. For each bUng pouod that = RNAIiCE 4i4pG ro e lkrce drupe, a mkram E of 50.50 wN bpepLimePaOead- Ifytdher tool firharce cha? pedalo rasefa) leas?trrhWaOTran, w??e'wN .rtrraa, .h t bi u ro ? the $10.6a0 e"doii n t san and the diflerartae wY b t d. T-,-" P. pumch etNn ie F of Yar ac co ar.. - % reserve line r«kw ru se r given b at niod w a ail ckr ms on the from of his statertero lppied To, we rrrWphy the 3. A a. if ere o aoram tine average daily balance for the Wood by this summers wt, e take the ce of each ra grosiot each daily add any new each now, and subtract arty paYahterts e code N appears on the from of this ropaid hence d"AA= Ram Applied To,'ts rte we rise c Ite d chillopy b baleance of f a each t.) This gives W u th each we aril up all the dsgyy belahese for each ailing peeled and dvitle by the cord I the Auce of!Sh Period This segmem. gives u the .any no-IMY artdmay increase err decease based m Mtn stared hndicea, - found in Tae WW SUeer.brrnef, plus the ill be belf?ve on Previously V disclosed fiM«daay o1? piose pchanges w eriod month 4. As each W Lass, Owriunt and Raarned Pularme Fria, Your account will be assessed rot more than two of the fees rated here tlat occur dialog any billing period. Under the terms of your wstaner agreamem, we reserve the rigor to waive or not to assess arty tees without prier notification to roes you wi st a thout later tim warvirte g our right to calm the same or similar . b. 11PP"m On llllsrby yiss, if ro a araip ix froing of 30 daYS from the date this Steamers waz mulled m you to avold PaYing the fee or to hue such tee crooked to you if you cancel your account. During this period, Our may uantksa to ue your secant vhitleut having ro pail the maf us, by fie. To cancel votr account, you rout reify u by calling our Customer Relator Department end WY Your'Nepw Balance' In fill (e-ng the memse ) rier to the end of the tNrty-dal periled. 0. M Vast Came Yesr Aeon. You can ropest to does your accent by -MV our Clrtomer Rel - Dap. aooourn eesdteeks, ceitoal all meWhd kiYkg, and cease uWp your aecehrt. It you do rot cancel Preadedzed HNng antingaimema, we wile re consider ceipt of a charge your auMafzadan to reopen year AdditoWly, Yours account Will not l d= "I=1 mee pay at a new Our owe u including shy Wtae fees , O you have seunhedzed, trorhce changes, Pest advance falls and anrea, rammed fees, cash lls and any otlgr fees ""=* to youir acaam. You are ompoNhle for these amcumm #- e, iheY appear on yea aCCmmt a the lime you request to K the accotat or they are Incurred subsequent to yar reQUrest to tlor the account. Title may mast In gsMapp?eerirq an your acrn after you haw Your account if it already been ar« and le, a you the partial a him _Purde from a marcher, and wO we caws the been heat a from the a mardrs after Our attar[ has been tloaed, ypr a d will be raoperhed the a of the drupe will be added ed m your a1 and your ou will be resPOrai6lle fir t trterFe It here . . rrhen s a beralip fee for yar account , the fee wp constitute ro l d to the at¢aut DrmHrmd by 4w, until the r. Whig Y- A..aet.Y- card a sceduamdcamirst bbee?. used In, connection with any kupnet gambling 8. Nrlet About Ekost nie peek oenvarsim, Wham Yoe provide s deck as lisYrrhert, you attlntte ua sit her to electronic hind trrrfer from m make a are-time your bank a el, W a ro Procoa the yrrert r • check trrrae re, When we Y_ ch-sick to make Y be widrhawn from yeilectrooke find trarrrar, funds M our WNc aoeotrt Na some a the same day we mcerve Our Y You will receive your chock back from you" *wxiw BILLING RIGHTS SUMMARY (h Case OI Enor Or Ouastlr About Your Bi0 If You think vote bill k wrong, or If you need more mtamedon - a tnarracyien or bill, wore 10 lea - a separate sheet - soon as poaNble at the address for Irguiries afhown on the film of this starenert. We rust hear from you no later than alp days after wo saint you the firer tit an which '.=;m prob" appeared. You can cat our Grtdur Rol rarrber, but doing so will net preserve Our d{hts. n Your letter, pw u ttr moolunt t 'ofrr the lauspwed r rueme end accent mmher, the ddler and en anet{ error, a descdpton of the error en a re if you reed more rtea, offonnat nalma Our balrvedeacript-luremofis the hem Our are urtre about. Your do - he h o any amount in gcestlt while we are W you are stl obligated to pay to pane of your bill tat are not M Weston. While we InveatfWte Our ghhea.- we caratot report you as deinprm or take any actor to coley rile amovtt v- Question. 44 Special rule for Credit Card Purchases If you hove a Problem with the qudlly of property e liked " You perrha led wHh a credit card and you rmerd? flit correct the problem with the the right nut to pay the smart We on the Property or aerwees. Vou have ttiis?? Irotaetiet 0* when the purwachase price yeas rode than = $50.00 and the punhY. s made in far flocs of vitro 100 mfrs of yarn makkq adder. (If we own or operate tithe macham, a if we mailed You the adwhose nos for the prMoperry' or, earNcaa, ail pure . =w1d mmrmb^BQ r to:- all mcorre?on of Purchase.) t lMes rot appry to conwarez roe-craa card aCeeo," I Does nee apply m Mztiness ron_W, card accounts One uappoms inlomatert privacy praeclion: see Or at www,captalone.con. rOne is a federally rapstsrsd service mark of Canhd yams r+srsta. You wID hive a mbimun grata period of 25 days wither fn. drupe an new Ourtlhmas, now, bah ,go. if your r apedal purctaaos and how per hsrgea c if you pail Our told 'New Balrne'r in accordance, ft the and in dmw for it Be credited by your ? abalow' 110110s, Priced M cash advances ==.=w . h atl ditnn, there b grace period traeactat If you do not pay the told 'New Wpeareo as or that day the am st set gm This Yves 0 u this' separate dally bur ach aerhert of Your a somrt. However, N Our r riaw?balage was ," err + Weill[ arrdaW~r actorr which Pea to ~ isadhre a aPedal ask trOmafta am rho added m the daily ball data tt?rswm e,dWY balance, by ad3rg all the WP kit the enters bv0kkW =0 s Tn =tth: mft b. If the c tea m Fit-- Carp. Trassa cdona wHd, are not sdatepof?thePertra)odrraret acsehasess2) or)dfi*lon e ythdw dh"?gmt u is Dyroeeaead to Your ?excel or 3) from if Inparlant NWr: PaOterta Our mail to ut wll be aedsetl to younr aootarn as of rile beritrs ley P•m ?Ef,112 r I7) You sand the Doman potion rte this atstenen and your tlteclk h the arhtlasa0 rarrtlnanc?e envelope and 12) Yots paymam is rooeFtwd fn our procesalhg Dame b 3 Paymarts recdved by u st anY other location or m +nY otlter form mail nor be credited r of the de we retaive tem.. Otr?Dcritre deye amstMarhdef5) ?"s an rr postd deivary. Please do clot oar tttapLr, paper d1Pa roc. vNten preparitg your PsOrert. When your eery ya a deckle), you sudrnize r io make a QIS1Ine elxtronctt a rester?fYmm yoo bwhk eccotrt for the anran of Vte duck 77ic aurtfgrizaean appiea to ail ducks neoerved erg hgideK. u to make a charge agalrrt your Dank aoowrn ua"vg Ute deck, a dWrrD the blip cYtle arch it sett by asrrteere oie. If vw tamer paper drab or Darr item. Procer the trencher, you authonza I VERIFICATION CAPITAL ONE BANK (USA), N.A., successor-in-interest to Capital One Bank vs CURTIS, MALLARY M 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, TRACY TAYLOR, 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. TRACY T (?- Notary ubli y 6E'04 I dTY 1,4Y v+.?".! ^ `-N 4, 2011 5178052482856842 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 05 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-02886 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAPITAL ONE BANK USA NA VS CURTIS MALLARY M R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT CURTIS MALLARY M b t unable to locate Him in his bailiwick COMPLAINT & NOTICE , u was He therefore returns the the within named DEFENDANT NOT FOUND , as to CURTIS MALLARY M 316 A N 2ND STREET WORMLEYSBURG, PA 17043 PER POST OFFICE, DEFENDANT'S ADDRESS IS 2619 REEL STREET HARRISBURG, PA 17110-2018. Sheriff's Costs: Docketing Service Not Found Surcharge o' 6-1-tolep 18.00 15.00 5.00 10.00 .00 48.00 Sworn and Subscribed to before me this day of A. D. So R. '-Thotas Kline VLTe i fof Cumberland County MAN WEINBERG REIS 05/15/2008 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. MALLARY M CURTIS Defendant No : 08 l COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 06317107 C N Pit ABR t4.1!"? kRB6??? Y ^. i M Ws a „ '"foot, I We uv -? MV tr,.Od Ott at carlww. P (O. day out" I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Civil Action No MALLARY M CURTIS 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 I COMPLAINT 1. Plaintiff, CAPITAL ONE BANK (USA),NA 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: MALLARY M CURTIS 316 A N 2ND STREET WORMLEYSBURG, PA 17043 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXXXXXX6842 . 4. Defendant made use of said credit card and has a current balance due of $2238.01 , as of April 08, 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 28.240% per annum on the unpaid balance from April 08, 2008 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 11111 and made a part hereof. I 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for judgment in its favor and against Defendant , MALLARY M CURTIS , INDIVIDUALLY , in the amount of $2238.01 with continuing interest thereon at the rate of 28.2406 per annum from April 08, 2008 plus costs. James C. armbrodt,42524 WELTMAN, W INBERG & REIS CO., L.P.A. 436 Sev t Avenue, Suite 1400 Pittsb gh, PA 15219 (412) 34 7955 FAX: 1 338-7130 063 1 C N Pit ABR This law firm is a debt collector atterhi5ting to collect this debt for our client and any information obtained will be used for that purpose. • NOW With FREE Accelerator • for the first 12 mowthsr-a $60 value $97 - a month for lust 3 momM; $9.95/mo. tltereaiter SIGN UP TODAY! ' 1-888-587-9669 Mention Offer Code: EMERALD Or visit www.peoplepc.oom/go/emerald Capitalow 003 peoplepc- online %--./ A better way to Intemet. PeoplePC Online offers the features you would expect from higher-priced Internet Service Providers at half price for the first 3 months! Virus Protection powered by5ymantee- ® Pop-Up BlockerTM g Spam Controls ,ss Smarter Smart Dialer Technology 4® cW More Email Addresses 4P . Internet Call Waiting PLATINUM MASTERCARD ACCOUNT 5178-0524-8285-6842 Account Summary Payments, Credits and Adjustments FEB 16 - MAR 15,200-6 Page 1 of 1 Previous Balance !1,53439 Payments, Credits and Adjustments 5.00 Transactions Transactions Finance Charges $35.00 $33.59 1 15 MAR PAST DUE FEE $35.00 New Balance $1,60298 You were assessed a past due fee of $35.00 on 0311512006 because your minimum payment was not Minimum Amount Due $1,60298 received by the due date of 03/1512006. To avoid this fee in the future, we recommend that you Payment Due Date April 15, 2006 allow at least 7 business days for your payment to reach Capital One. Total Credit Line $1,000 Total Available Credit $.00 Credit Line for cash $1,000 Available Credit for Cash $.00 At your service To cO Cwomer Relations w to report a loaf w Alm nrd: 1-800-903-3637 Send payment to Send inquirers to: Attm Rmuttsnae Processing Capin! One B-k Capiul0- P.O. Box 790216 P.O. Box 30255 St Louis, MO 63179-0216 SLC, UT 54130-0255 Imvortant Account Information Please review the enclosed privacy information and retain n with your account records Also visit www.capiwone.com/cre&car& and click on the Visit the Guide to Benefits link to learn about your latest Vin or MasterCard. account benefits. The descriptions in this online guide replace any information you received in the past. For a tented copy of the Guide to Benefits call the Customer Relations ntimber on the back of your cad. EXHIBIT Finance Charges Pkasrter reomende for important information Bdmrarradr Perio7a Corm' yprrlaa ,w N PURCHASES $1,453.34 .0773746P 2&2^ $31.48 P CASH 597.15 .077379iP 28.2496 $2.11 ANNUAL PERCENTAGE RATE applied this period 28.24% T PLEASE RETURN PORTION BELOW WITH PAYMENT T Capftalow* 0000000 0 5178052482856842 15 1602980215001602987 New Balance $1,602.98 Minimum Ai Aunt Due $1.602.98 Payment Due Date April 15, 2006 Total enclosed E Account Number. 5178-05248285-6542 X-p-e rtrJa"r -dl- 1-9 Am$rr&lom-w b/ street nit. t City Srsu ZIP Home Phone Ahmaa Phone Fm 1Addms #9007529749626968# MAIL ID NUMBER Capital One Bank MALLARY M CURTIS P.O. Box 790216 1 1 1 1 II111'lllllllllll' 316A N 2ND ST St. Louis, MO 63179-0216 c WORMLEYSBURG PA 17043-1103 r 'III1111'IIIIIIIIIItII II11'?IIIIII IIIIIIIII I111II IIIIIIIII II I? ? ? P14ara xnri:e yon-.- numb, on y-J .k m momy order madepayabk to Capital 0„eBmrk acid -7- the e dad rnTaclope peoplepu online u A better way to Internet. UNLIMITED INTERNET ACCESS SIGN UP TODAY! 1-888-587-9669 Mention Offer Code: EMERALD Or visit www.peoplepc.com/go/emerald People aG s solely responsible for this offer, and a not affiliated with Capital Cana. Caput One does not provide, endorse ...sr:h,?own here. Any Ulderrarks mentioned herein are solely or guarantee, and is not affiliated with, any product or service owned by the respective entity. M rights reserved- By respondrig to this offer you may be communicafirg irdomietion about yourself to the company that provides this product - far example, that you are a Capital One customer. 'PeoplePC Online fret 3 months are billed a $9.97 per moi $9.95 per month thereafter. Offer available to new tfuFup subscribers at least IS years of age and may not be redeemed with any other otter. Offer subjed to change at any time. Phone technical support available for $1.95 per minute. tAcceleralar is free for 12 mordis Offer good for limited time, After the frost 12 months, the Accelerated service will automatically revert to the standad Peo*K Orrin service. Offer subject m change at anytime. With PeopleK On fine Accelerated, certain Web page text and graphics will bad fast" when compared to standard dal-up internet service. Actual mrsulfs may vary . PeoplePc Online Accelerated is only compatible with PeoplePC Online, Internet service and specified WindowsO browsers PacralePC Aline Accelerated s not ctxrpar ice with Windows® 95 with IE 5,5 SP2. Service not available in all areas. Access fees, taxes, and other lees and restrictions may apply. Telephone IN Barges may apply, even dung trial periods. You are responslbie for determining whether a call to one of our access numbers will result in telephone tol drags. Access may be fimi[ed, especially dutng tines of peak usage. Dial-up numbers may be changed at PeoplePC's discretion. Continuous use subject to timeout procedures. As use is subject to PeoplaK Onlinet Services Agreement and Acceptable Lee Policy. 56K is the maximan speed of service; actual speed may vary. 0 2096 PeoplePC Inc. All Rights Reserved. PeoplePC Online and its logos are trademarks of PeopiePG in the U.S. and other countries. 0 2006 Capital One Services, Inc. Capital One is a federally registered service nark M rights reserved. taw rap paled. Vou wail law a mdrirmm grace period I 25 days wiooun != chew on new purchases, nsw balenee [infers, rhevv apadel purane se ad raw soar csryas if You WY War rot, 'thew BWmE', in and h dree faith she be c credited Noti by yceea ? so¢ oa for Voltsaamielaw, and in time for It m W ert clasbhg date. TWm r ns (Pace peiod an rash advarrra and aPad, tmrs'fers n dddon, them 1. - grace period on any trrsanion if You do rot pay the turd 'Nsw' b. •FihaOS Cherge. Tmrrsetiors wfidh tie not Avening a s firs- d t 1 f ) r from m • ymw the transaction, i a so ne from he time at ore led to your A r 2) 2) from tr ties. the trasectim is p rocevead to your Accost a 3) fiorn the oil the eximent Rnsr.,hhrfal calendar mV the Bala fear Dmviats y, "Hmv 8 O d N O N ? te.N hw u,e periodK rate. To obti n the average may oar a Period wwmed by this statement, via take the begmnp balance of each segroom each day, add any new transactions m each segment, and Suit rid eery payments or credits fh the node N appears on the tram wof "he" e tl nmemem next m • Barance Rate Applied subtract any unpaid inane charge Included in the Wis_ of each xgne' add up 9- - the daily balance of each .1I the daily balances for eadh sag ? t. T?Thanlhe Nairg period and divide by the total ..mbar of days in the baarhg period This gives us the average daily bdarhce of each segment. 3. Moral Parthembga Ribs (AWtI. a. The torah 'MraW Perxxnuge Rate' may appear as APR` an the from d this sutemem. Ix If the code P (Prime), L (3yrho. LIBOR), C (Certificate of Deposit), or S (Bahkcard prime) appear; m the hart of this statement next to the periodic rme(d, the periodic rates and oonecpordng ANNUAL PO CENTAGE RATES may wry quarterly and may increase or decrease based m the earned indoes, es frond an Ti. Wag Somaz Ja Those d-V. WIN be uad, inks the margina?y dradoxd to you haling ped"d covered by your padodic su ermarn ending In the months January, Apal, July and Octebe. r_ If the code D (Prime), F (I-mo. UBOR) or G (3mo. LIBOR Repriced Morshiy) appcam m the imm at your sunse'erd n,sxt m the periodic rae(a), this p,dodc rises ad 00-spordmg AMLAL PERCENTAGE RATES may ==.y!% =- tse a decrease Wood on the The Wag Street Jaarol, pus the moron pamara ly declined to you. These changes vAl be effective on ire that day at your baarhg period each anmth. 4. Aaaeert of Lae, Ovrihit end Returned Pons et Fans. You ocrom "I be assessed no mom than two of the Uses aped him that oxu durkhg any tnirhg ==,. the terns at your arsuon- agreenern, we to waive or nor to assese any toes withoun prior no6M1camon to 5 at e g our niort to saseas the acme or similar you wiohourt waivin y? e..,.,.,,. If a mamWn,ip fee eppean m the frrtt at this etatenhem, you haw 30 days ban the date his sutemem was mailed to Tour to ii-id paying the Ice or to haw such fee credited to you if you cancel your accred. During this period, you tnsy continue to use To acroad vwitrul havip io pay the .-here* tee. To rarital year account, you must nmity es by calling our Custornm Relations Department and pay your New Balance' In till (excluding the membership fee) prior to the and of the thirry-day period. 8. ff You Close You Aveaad• You can requesu m dose your ocrnum by calling our Customer Relations Depamnrs. You nhursu destroy your credit cad(s) aM account access ehaeka, ere d an prenNOrhod Ming, and cases uskg you account. If you do rot caned preaulOrizd biting amrgermems,. we vlll coded" reedpt o a dherge Yohtr sulhorizatmm to neoDm you a courn. Additionally, Your account will nm W tloxd uda Vou Pay ydig alnrnla You noise es intludhnp: any tradactirr ou hew aWOrized. A= ,p. due fees, owramit tees, resumed Payment ad-_ fees and achy ,sfrr teen aooeooed to your exam. You are responsible for these arrouns vdhether they appear on YW account at the time you request to dose the secant " tOV are incurred subsequent to sult in Your FeCA? to close the account. cherries appearing an you soi fter may reher your accouet if It has already been eossi roc ehanhphe, if you eelod d a purchase from a merdham and we mic- the trareseco rh from the me c ham attar Yhxr aOUrs trs been owed, You across will be mopeced, the antics o or charge vvat be added to your acr:oure, and you veal be resporrble for payment. If them, Is IF xrhlixl@ rromber,hip fee for you..cara, the fee will a,rauht be has I»arh DaM?se fi above. 7. Wig You Aoeohsd.Vou cam or ahxoun cannot be used n emneafon wkh any ksenhat liatnbit^g nar-coar. 8. Native Abort Bact is Ohaek Cawesieh. When you pmvfde a check as paymers. you authorlxe us dither to use nfonnauon from you check m make a me-time electronic fund transfer from your bank accent a to procea the payment as a deck tramdion. When vve ate irdmnedm from yrr dock m make an Mechanic find transfer, funds rosy be wMdmwn from your batik sacouIt as anon - the same day we team- you payment, and you wi no receive your check be,c from your frond, mearadon BILLING RKWTS SUMMARY (n Case Of Errors Or Oueauom About You Big) If you l ink your bar is vsrhp, or If you raced more a -rdomeoon m a tanssctien or NI, write to us an separate =.:'s= e at the address for ihqudries from of this nrtemem. We mum Mar from you ns Inter tfrorh 8D days after we sus you the first bal m vldch the error a problem appeared. You ran cal( our Obscener Relations rmbet, dirt ding eo teTl cal preserve your dolts. In You IetMr, give us the eofi p bdamaoorx you name and axoun rear bet, the dollar amount of the suspected error, a description of the error and an explanation, rt possible, atwWYY you bdhew there s an error, or if you need mac InMmution a dens ripom at the hem Vetr are issue bout. You do rim haw W pay any sam re l gkoarlm wineawe are nvotigaong h, but y- am Fell obligated m pay the pans of your bill that are not in question. Wile vve krwnigae your Prestion, we cannot report you as dear.;7d or take any sdian to collect the amrrd you question S,t Special Rule Far Credit Card purchases, If you haw a problem with tw Pasty, of Property or salNeas [fat you purchased vrith a credit card and you Ww tried n good fahh to correct the problem wilt, the Michelin, you may Ww the right rho to pay the remalnng amount due an the property or services. You haw this protection, only warn the purchase price was nom than $50.00 and the purchases as w made in you bane nee or a own a vwdhin 100 miles at your if rrual we ng mal alod you (lf he aperme the mertldm, r en advertisanmt ion the Property or services, a1 Wrrohases m covered mp"dde at amour a ndenc of Wchese .) Oplea" terrhan6nr to sift ail cenrespahdahee. t Does rid app A' 1. consumav van-credo carts --.-za s Does vrW apply to irualaess aw-cred+ card accaa:s privacy protectim see our 0 Capital Ids se mserwd 2003 01LGLBAr This meirhs tlha you rosy seal owe iharhce charges, awn R you pay the ,xdm Nsw Bdsns irhdirated an it. hat of your sam nhem by the nod srmmrem doing dear, but did nor do W for the previous r Aran. Unpaid firdnce Merges am added to the applicable eePoare of your Axsrm. t c. Ni bourn Fna es Charge. Fa each ding pedmi that your account I. abject to s finaros dupe, • n**- toad RNANCE C]fAIM of $0.50 Will be Mpcaed If the toed imince charge m=% arnh the at You paiodc mmW u leas 50, vw ill sbtnce out anent from the 50.50 tmnuhmm and the differerhm 101111 b a, WMd W the p nCits- fKnat td Temporary Reduction In I Ohaga. We resew dhe riot m not aaess any, or N lihenhca drupes for any oven billito period 2. A epa Daily Bdahve ( Nsw Ardhnasl. a. Fbwhce Marge is calaanel mutipMrq the dairy belarhee of each asi mad at your across (e.g., rash . by it* 11-ince q ?y pe1--W. and dodc farm, that ) at fats been prWv msly disclosed w you At the and of each dayy Ming the bMV period, we apply the daily period. too for mach sepnet o you sxaes m the daily balance, o each ter nofttiase dally atialc it* bMV period. Five lotions to arrive at Your tp an, the isell ="=P.= We add i0 [the husc o nt.{ n the hod period. the for each charge for yoau account. T To get daisy balwhca al aoce hoe take ke Ube be?vhirhp balance each a t your r, this ter to, poerr each sagnam and add edit army now r and dey+?bsfahra for that, segnhaa We?trndatboe.t any pat^nmts or credta posted s at the day tut ire aaocaund m that saphhat- TNS gives us tW sepsrme doh' belenxo for saM sagrhert of your eCrOUt- N if he n hp% Cor New Balance, shoo- m you[ pmvbu if you raw hot- was zero or • credit a amend, raw which Worse segnarss ere rot added tam dally eOldouer We daily ballistics, by addirill ad the dail hot- together' and wdug the sun by nmbo oily the days in the c rest balkhg cyde. T. rJldlme gout hod ddaily pseCharlie, ae emhiplyd yby?the srashhber of days In the bm3rhg period Duman m rerdng m s daily bass, tam stay be s silo[ wdahce ootwee t tis CdOu aom and the rrhws to finahra drrge azuNV ecwsod. b. If the node Z . N appaam m the ham at INs stetanart "W"I'm the -go nee m 'ad- Rate Appaed To: we trultplY the .. hrpatet NWve: Payments You mail to us will W xmedrod ro Yr!r aopoun ss at the btntrhess day we receive it, Providd ft) you ear this tottcrn portico at th's irutanem aid you check n tW erhdoaed remineroe mvelape and 42) you psymarnt is receved in our f>+ can" by 3 P•m. ET (12 noon Pct. Please claw rt lean ties (5) bua6hess days nor Postal tteavery. Paymmu iscdvad W es m any oiler bcmm or m mY atrr form may rho W cruhdted as at the m ova reoeiw tem. Our btdiras deys_are Madan tam Saturda exMldrp tOliMyc. Pleax do not Use Staples, ptpar d'ps etc. Wtharh Prgarnp your psWrent. Wlhan You aentl uz a drekls), Yau autlhodze us to make a ahrtene doctrri. trarrter debit Uom Your Dealt acwus fa the atrhrm of the dhxk. The audOnzmim WtPlaa to dig dhxlm raoaved tluap tr b(Rq cWe evah it sent DY e°r^oona dx. It we rararot Pmuess the trardte, you audOdze w m make a Merge agdrst Your bark axoun udip the deck a paper drab ail nth" hem. VERIFICATION CAPITAL ONE BANK (USA), N.A., successor-in-interest to Capital One Bank vs CURTIS, MALLARY M 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, TRACY TAYLOR, 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. TRACY T fl . - Notaryubli 5178052482856842 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. MALLARY M CURTIS Defendant(s) No. 08-2886 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, 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#6317107 ?s IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 08-2886 CIVIL TERM MALLARY M CURTIS Defendant(s) PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR: Kindly settle, discontinue and end without prejudice to refile the above-captioned matter upon the records of the Court and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. brodt, Es ire PA I. D. 2 24 WELT A , WEINBERG & REIS CO., L.P.A. 1400 op rs Building 436 v th Avenue Pitt u h, PA 15219 (4 434-7955 SWORN TO AND SUBSCRIBED before me this f q* day of (Aa 009 ( - r300 W N PU g.30F VANIA sow W COW* 2012 9 J U, Fil