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HomeMy WebLinkAbout08-5340 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), NA Plaintiff VS. No: bg - -5%M0 eiyi L -im COMPLAINT IN CIVIL ACTION KIMBERLY M DARHOWER 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 06807860 C N Pit KLA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), N. Plaintiff vs. Civil Action No KIMBERLY M DARHOWER 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: KIMBERLY M DARHOWER 170 E LOUTHER ST CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXXXXXX1832 . 4. Defendant made use of said credit card and has a current balance due of $4150.80 , as of July 30, 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 16.9008 per annum on the unpaid balance from July 30, 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 , KIMBERLY M DARHOWER , INDIVIDUALLY , in the amount of $4150.80 with continuing interest thereon at the rate of 16.900% per annum from July 30, 2008 plus costs. James C. WELTMAN, 436 Seve Pittsbux (412) 4 FAX: 4 2 068078 0 rmbrodt,42524 NBERG & REIS CO., L.P.A. Avenue, Suite 1400 PA 15219 )55 8-7130 N Pit KLA This law firm is a debt collector attempt to collect this debt for our client and any information obtained 1 be used for that purpose. Capita,Vt aL' NOT PAYING YOUR DEBT 5000113 what's in your wallet?` DOESN'T MAKE IT GO AWAY. In fad, even if we report your account as charged off, you'll still be responsible for paying your debt. So why not call us to see what we can do together to keep you from receiving such a serious mark on your credit record? We're here to help. Please contact us to find a solution that's right for you. You can make a payment with our f? check by phone service or speak to an associate by calling 1.800.955.6600. Make sure you call or pay the amount due on your statement within 30 days to keep your account from being charged off. ® 2006 Capital One Services, Inc. Capital One is a fedrrally registered service mark. All right, reserved 500013.08503 FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date $3,544.36 - $0.00 + $49.67 + $39.00 = $3,633.03 $651.00 Nov. 19, 2007 e'•. Sep. 26, 2007 - Oct. 25, 2007 Page 1 of 1 KEAM PAY AT UW TM AMOIRR Platinum Account Your account is six payments behind. If we charge off your account due to late payments, we will report the MasterCard MasterCard Patin charged-aff status to several national credit bureaus, and the Purchase APR as reflected on this statement will be applied to all your outstanding balances. Ad now to prevent this from happening. Please pay the amount due Your Account Information on your statement or give us a call at 1.800.955.6600. We'll work with you so you can take control of your account and start rebuilding your credit with Capital One. TOTAL CREDIT LINE $3,000.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $3,000.00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please see reverse for important information) Balance rate Periodic rasp i g FINANCE applied to rate C APR CHARGE Purchases $2,44923 0.04630% 16.90% $34.02 Cash $1,126.84 0.04630% 16.90% $15.65 ANNUAL PERCENTAGE RATE applied this period: 16.90X At Your Service1.800903.3637 To call Customer Relalim s or to report a lost or sblen card: ® Send payments to: Capital One Bark • P.O. Box 70884 - charlotte, NC 28272.0884 A Sand inquiries to: Capital One - P.O. Box 30285 - Salt Lake City, UT 84130-0285 ® Have a question about a charge on your statement? Please refer to the Billing Rights Summary on the back of your statement or visit www.capitalone.comidisoulas. Payments, Credits & Adjustments Transactions 1 20 OCT PAST DUE FEE $39.00 Your account is 90 days past due and your Payment Proteg on coverage has been suspended. As stated in your Payment Protection agreement, your coverage and monthly charge will be reinstated once your account is no longer 90 days past due. You may still be eligible for benefits to be paid to your account for loss events described in your Payment Protection agreement. Call Sbr ebridge Bane* Services at 1-888-527-M to see If your situation qualifies for benefits. You were assessed a past due fee because your minimum payment was not received by the due date. To avoid this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Capital One. EXHIBIT 6056 506 1 07 25 071025 PAGE 1 of 1 OlDM6056 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO W W W.CAP TALONE.COM TO MAKE YOUR PAYMENT ONLINE olf,e I ,..,*sin your wallet?' New Balance Minimum Payment Due Date F $3,633.03 $651.00 Nov. 19, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed Capital One Bank P.O. Box 70,184 IPIrsIrsllssslPlssllPl Charlotte, NC 28212-0114 LddLPLsdsILPPIrsIPIllrsdsrLLJsrLrllsrlssLPlLssll Account Number: 5178-0572-6168-1832 Please print address or phone number changes below using blue or black ink. 0 5178057261681832 25 3633030050000651007 Home Phone Alternate Phone f-main address @ #9029984989152460# MAIL ID NUMBER KIMBERLY M DARHOYER 170 E LOUTHER ST CARLISLE, PA 17013-3027 III Illlss,Illr11111l6Pll111111 11111111111s11 11 111 1111111s61 1 Please write your account number on your check or money order made payable to Capital One Bank and mail with this coupon in the enclosed envelope. KIMBERLY M DARHOWER 1. Now to Avoid a Finance Change. T a. Grace Pedod. You will have a minkMM pace piston of 25 days withal fiance charge on new, purchases, new, balance transient, new special prwoses and new other charges If you pay your total 'New Balance. In accordance with the Important Notice for payments below, and In tame for it to be credited by your payment due data. Thera Is no pray period on ash advances and special tarsiers. In addition, tare is no pace period on airy tremsction W you do not pay the total •New "I'll• b. AecruMg Finance Charge. Transactions Which sm not subject to a gran period are sasesad finance charge 1) from the deft o(to uanwarncn or 2) from the clear Me transaction is Processed to your Account or S) krom the fins aendar day of is carom being period. Additionally, If you dd not pay the Stew Basence from the Previous bake period in full, fiance charges confine to accrue to your unpaid balance until to unpaid balance is Paid in ful. This mss the you may so owe finance ohargW even t you pay the entire New Balance indicated on the font of you statement by he payment due data, but did not o so for she previous mono. Unpaid finance charges are added to the applicable segment of yourAOnun. t c. Winnow Finance Charge. For sects ding period man your arrant Is object to a firhrhos charge, a rrirtmaum tow FINANCE CHARGE of SO.50 will be imposed. t d. Temporary Reduction in Finance Change. Via serve ae right to not arse shy wall Mince charges for any given billing period. 2. Average Day Baennce (klcluding new Ptaehrea). Finance charge is calculated by multiplying the daily balance of each sagme t of your account (e.g., men advance, purchase, special tranwfer, and special purchase) by the co espondig dairy pare3m rate(s) than has been previously, ddisclosed to you. At the aM or each day owing the bhng pared, we apply the daily pmriodo rift fur each segment of yaw account to the day balance of each segment. Than at the eM of the billing period, we add hp the results of thews dairy calculation to ardor at your periodic finance charge for each segment. Vq add hp the ravens from each segment to arrive at the total pedoBm Ocerre large for your acoum. To gat tin daily balance for each segment of your account, we take tin begimMg balance for each segment and mid any newtrsnextions and any pmo6m *once charge calculated on Me previous days balance for that sapcent. We than subtract any payments or credits posted as of tart day that are alocefad to that segment. The gives us the seperase daily balance for each segment of your account. However, t you paid the New Balance shown on your Previous statement I. ful (r If your new balance was taro or e or** amount), new hare--b rs, which post to you purdaas or spwcW purchase segments tee not added to the daily balances. We alclate the average daily balance by ending all the daily balances tVWw and dividing to arm by the number or the days in the current bilng cycle. To calculate your total Mann large, multiply gar swaps dry balance by On daily Periodic raft end by fs member of days in the baling pinion. Due to sanding on a day bank or due Ur mkhenum fiawe dsrge awwnemt, them may be a variance between tits calculation and the amount of finance charge actually assessed. 3. Annul percentage Rases (APR). a. The term 'Annual Percentage Rate• may app- al •APRa on the horn of this statement. b. If IM Cede P (Guidry Prima). L (Quarterly LIBOR), C (Gusnedy CD), or S (Berhkcmd Prime) appears on the front of Mts stetement non to the periodic mte(s), the periodic rates and awrecpondng ANNUAL PERCENTAGE RATES may wry quarterly and may Incresse or deoasa bard em the stated indices, as foal in TM VMI Street Jownel. plus am margin pmwoualy disclosed to you. These charges will be effective on Me fiN day of your billing period covered by your pwl.& stasemrn-Ming in the months or January, April, July and October. c If the mdm 0 (Monthly Prune), F (MonIMy LIBOR), or G (Treasury LIBOR) appears on the from of your statement nerd to the perlodk: rate(s), the Pebdk: rafts and corresponding ANNUAL PERCENTAGE RATES may vary monthly and my nciease or decrease based on the stated Indices, as fowl M The Wall Street Journal, Plus the margin previously disclosed to you. These cwges win be effective on this find day of your bNkg Period each month. 4. Assesarnt of tats, OvrinR and Returaad Payment Fes. Under the firma of your amorner agreement, we reserve the right to wain or not to asses any fees wehout prior toBlatlm to you wthaa waNkg our right to assess the samewsimihrles ata lafrfinhe. t 5. RrreMrg Yes Account. f a Membership fan appears -ri to from[ of your statement, you have 30 days from the data this statement was meted to you to avoid Poyang the fee tar to haw such be credited to you If you cancel your account wital having to pay tin membership fes. To anal your account you must nodly us by calling oil Customer Relations Department and pay your 'New Balance M full (ocJudi g the membership fan) prior to is and of this thirty-day period. d. R You Class Very Account. You an request to dose your annum by calling ow Customer Relations Department You must destroy yaw =0 died(s) and accaad access checks, aroel all preeahonzed bhng w d owe wing your a M. After your request to close, If you continue to earned r do not anal preeutlcrird Whig arrangements, we will carerrsaipt of a cage your rnhdlaWOn b keep your adorn open. Additionally, your emoum will not W deed until you pay all amrlrlnti you ows us Including: any Iranssaons you hew authwhed, Marra charges, pest due fur, -sa11mR fees, returned payment fw, cash advance fees and any of-fw sseseed to your amra-nL You ere mapaaibb for the" amounts %+Ww they appear on your account at the lime you r"uesl to doss the account r they am ncwmd subaaguem to your request to close One accows. The may rar/l in dares appserrg on your account aher you have -Wasted in. sc-ohm to be closed. 7. Uehg Yeur Aooaunt Your cad ore it rannol be wed in connection winn any Internet Gunning immsections. 9. Notice About Ek.*-Ic Check Comns" n. When you provide a check as prflmmL You auth hm w ei1Mr to use infor n alo n tram your drank to make a W"ma decoonk fund tranuter from your be* apaMht or to process the payment as a check tram aKOW. When we use Information tram your check to make an skcbonk: fund VWSW., funds may be withdrawn from your bank amount n soon a fne same day we moelve your payment, and you will not receive your dwcd bark from your financial Institution. BILLING RIGHTS SUMMARY (In Case of Errors or puesdons about Your Bill) If you Mink your bill I. wrong, r If you reed more informadon on a fmnaagion or bill, wrier to us on a aeparrrb sheet es soon as Posable r the address ter q- shown on the front of th. statement We cwt her from YOU no later than W days mfr we wsm you the that bin on which the smor w Problem appeared. You can os our Customer Read- number, but doing so will not prserw your dphls. In your INler, give us the ksowirg Miomtbw: yow name and account num1w, a* dollar amounr of the suspected raw, a description of to emw and an mplanWkn, f Possble, of Wry you bsnww them Is an error, or t you need more kdonrnabonn, a deecriphon of the item you am untam about. You do nut have to pay any amount in qusaon white we are Mwadgeseg t. but you are still obligated to pay the parts of your Mn dot am not M question. Whitt we investigate Yew qusticn, we cannot report you as delinquent r take any action to oohed Me amount you quesam. k, t Special Rule for Credit Card Purchases If you have a problem with the gWlry of property or sarvhee that you Pura es with a credit raft and you have tried in good faith to correct the problem wth tar merchant, you may have the riper not to pay the remaining whom due on the popery or rMces. Yoe have Mla PnA cdm only when ft purchases price was more tan 550.00 eM the purchase was made M your home state or within 100 miss of your mailing address. (If we own r operate Pre nsrdant, w f we nMnW YOU tae advemesmMnt for the VDPaty or se rotas. all purchases era covered regardless of amain r cotton of Purchase.) Pees remember to sign all 0--PWd?. t Does not apply to consumer n-clit card accounts i Does not eppy to business nomaedt card accounts Capital One su pots information pnvaw protection: w or websfo at Capital Ors e NOLGInIumat"M a fedmalty mg"md service mark of Caput One Financial Corporation. All rights reserved. O 2006 Capital One 01 DMOD56 - 1 - 04/10107 MpaYnd Ildkc Payload You mil toss Witbeceded b Yaraaantsdlhe bAlmadayweranal it,Podded(1) you and tla bOUDMP"mufftaairmmtahdgardentshtheardOWmnnwt wAbPead(2)Yoepeym as aeakdhtar puocraihg amt by3pm.Ell(12reon Fr).Peasslowdfreefive(5)bhaI days forprtddehwy. Paymrea in" by us at any odw locasen ah any new form may not be oedbd as die days reosee tam. Oaneeeam days all Monday drahgh UK.*, riche hadep. Pleas 60 not w staples. POW tap, ail. Wen prpwi g your payment. CAPITAL ONE BANK (USA), N.A., Plaintiff, V. KIMBERLY M DARHOWER Defendant(s). VERIFICATION 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 an authorized agent of Capital One Services, Inc., an affiliate of and service provider to CAPITAL ONE BANK (USA), N.A., Plaintiff herein, and that he/she is duly authorized to make this Verification, 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. Dated: 8 Antoinette Miller A049 WELTMAN, WEINBERG & REIS CO., L.P.A. ? C.'.7 ? V? l 1 00 . L r . -? CJl :17 SHERIFF'S RETURN - REGULAR CASE NO: 2008-05340 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA N A VS DARHOWER KIMBERLY M WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DARHOWER KIMBERLY M the DEFENDANT , at 0904:00 HOURS, on the 17th day of September, 2008 at 170 E LOUTHER STREET CARLISLE, PA 17013 KIMBERLY DARHOWER 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. S'heriff's Costs: Docketing Service Affidavit Surcharge jo/o/1) 18.00 15.00 .00 10.00 00 43 . 00 Sworn and Subscibed to before me this day So Answers: AR ? R. Thomas Kline 09/18/2008 WELTMAN WEINBERG REIS By: Deputy Sheriff of A. D. r' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLANIA, CIVIL DIVISION CAPITAL ONE BANK (USA) PLAINTIFF FILE NO 08-5340 VS CIVIL TERM KIMBERLY M. DARHOWER JURY TRIAL DEMANDED DEFENDANT ANSWER TO COMPLAINT WITH AFFIRMATIVE DEFENSES In response to paragraph one of Plaintiffs Complaint, Defendant neither admits nor denies the same as she is without sufficient information to form a belief as to the truth and veracity of this paragraph. 2. In response to paragraph two of Plaintiffs complaint, Defendant admits the same. 3. In response to paragraph three of Plaintiffs complaint, Defendant neither admits nor denies the same but leaves Plaintiff to its strict proofs. 4. In response to paragraph four of Plaintiffs complaint, Defendant admits that she has used a credit card issued by Capital One Bank. Defendant denies that the current b*nce on the card is $4150.80. I 5. In response to paragraph five of Plaintiffs complaint, Defendant denies the same as it is untrue as plead. 6. In response to paragraph six of Plaintiffs complaint, Defendant denies the same as it is untrue as plead. 7. In response to paragraph seven of Plaintiffs complaint, Defendant neither admits nor denies the same but leaves Plaintiff to its strict proofs. To the extent local court rules require, Defendant denies the same as it is untrue as plead. WHEREFORE, Defendant respectfully prays that his complaint be dismissed, with prejudice as to all matters contained herein c d R. Gan. Esa. By: Gan Law Group 64 South Pitt Street Carlisle, Pa 17013 717-241-4300 ID 68721 r' AFFIRMATIVE DEFENSES Now comes Defendant Kimberly M. Darhower and for her affirmative Defenses states as follows. 1. That it was fraudulently misrepresented to her that the extension of credit was within her ability to repay. 2. That Plaintiff improperly and with design extended credit to Defendant which was contrary to her income and current responsibilities which severely hampered the repayment program on this extension of credit. 3. That the above actions were done in order to mislead the Defendant and provides a basis to declare the contract void ab initio as the terms and conditions upon which the contract was entered into were fraudulent and illusory. 64 South Pitt Street Carlisle, Pa 17013 717-241-4300 ID 68721 By: Gan Law Group VERIFICATION I, Kimberly M. Darhower, hereby certify that the facts set forth in the foregoing Answer to Complaint and Affirmative Defenses are true and correct to the best of my knowledge, information and belief; I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. AO' ly ower Date: Z 10 - & b Document #: 163765.1 _ t m f'T'9 w? EsJ ?? CD C PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) copACL\ 0 ( Plaintiff ) V5. (Defendant) No._ Civil 19 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): mo ?A (A/-\ Pv ? L'?, M rKo- J 2. Identify counsel who will argue case: (a) for plaintiff: Ma vJ Jr ban, ?s Address : (? ? f ? W? i 111 Y G S ?? V .1. I1? ??o? rc ors a?.? b for defendant : (-8(e7 ( ) Address : t 4* :s V)W-4 i char r) ?,,? tr2 3. I will notify pa an parties in-w Wing within two days that this case has Q been listed for argument. 4. Argument Court Date: lU z,1 a q0 q Attorney for 1Jk Q ,t n CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of PRAECIPE FOR ARGUMENT was served on the following on this 0 day of ,006 by first class, U.S. Mail, postage pre-paid: Richard Gan,Esquire 64 South Pitt St Carlisle Pa 17013 WELTMAN, WE ERG & REIS CO., L.P.A. By: Matthew D Urban,Esquire PA ID# 90963 Weltman,Weinberg & Reis CO L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 WWR No. 6577810 s qqL t, A L A .FT?[r 1 1? A??s M"triAi'' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. KIMBERLY M DARHOWER Defendant Case No. 08-5340 CIVIL TERM MOTION FOR SUMMARY JUDGMENT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: MATTHEW D. URBAN, Esquire PA I.D. 490963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR No. 6807860 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff VS. Case No. 08-5340 CIVIL TERM MOTION FOR SUMMARY JUDGMENT KIMBERLY M DARHOWER Defendant MOTION FOR SUMMARY JUDGMENT AND NOW COMES, Plaintiff, by and through its counsel, Weltman, Weinberg & Reis, Co., L.P.A., and hereby files this Motion for Summary Judgment against the Defendant. In support thereof, Plaintiff avers as follows: 1. Plaintiff filed a Complaint against Defendant seeking judgment in the amount of $4,150.80 with interest at the interest rate of 16.9% per annum from July 30, 2008, and costs. A true and correct copy of the Complaint is attached hereto as Exhibit "A" and made a part hereof. 2. Attached to the Complaint was Verification from an authorized representative of Plaintiff verifying the accuracy of the amount sought. See Exhibit "A". 3. Defendant filed an Answer to Plaintiffs Complaint. A true and correct copy of the Answer is attached hereto as Exhibit "B" and made a part hereof. 4. On or around February 25, 2009, Plaintiff served upon Defendant a set of requests for admissions and requests for production of documents. A true and correct copy of the same is attached hereto as Exhibit "C" and made a part hereof. 5. No response to the discovery demands has been received from the Defendant. 6. The requests for admissions are now deemed admitted under Pennsylvania Rule of Civil Procedure 4014(b). Thus Defendant has admitted that she has made no payment on the credit card since April 16, 2007; that she applied for the credit card; that the statements attached to Plaintiffs Discovery WWR No. 6807860 Request correctly identify the payments, charges, and balances on the account; that she has not submitted any written disputes as to billing inaccuracies; and that $4,150.80 is a correct and accurate balance on the credit card account. 7. By way of her Answer, the documents attached to this Motion, and the Requests for Admissions, deemed admitted under Pa.R.C.P. 4014(b), the Defendant has admitted all facts material to this matter and verified the amount owed. 8. There are no meritorious defenses against this action and Plaintiff is entitled to summary judgment as a matter of Law against defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant summary judgment in favor of Plaintiff and against Defendant for $4,150.80 with interest at the legal interest rate of 16.9% per annum from July 30, 2008, and costs. Respectfully Submitted: By: M TTHEW D. URBAN, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W" No. 6807860 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), N4 Plaintiff vs. KIMBERLY M DARHOWER Defendant No: 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 06807860 C N Pit KLA IN THE COURT OF COMMON PLEASCOF CUMBERSLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (USA), N. Plaintiff vs. KIMBERLY M. DARHOWER Defendant Civil Action No 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 and fi a written appearance personally oor by n b'ectionsttorthe claimslset forthrting with the court your defenses or objections fail to do so the case may against you. You are warned that if you 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 ARONE, YOUR GO TO OR TELEPHONE THEFOFFICEOSEOTT HAVE A LAWYER OR CANNOT AFFORD FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE OR THAT NO MAY OFFER LEGAL FEE. TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES SERVICES TO ELIGIBLE PERSONS 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: KIMBERLY M DARHOWER 170 E LOUTHER ST CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXXXXXX1832 . 4. Defendant made use of said credit card and has a current balance due of $4150.80 , as of July 30, 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 16.9000 per annum on the unpaid balance from July 30, 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 , KIMBERLY M DARHOWER , INDIVIDUALLY , in the amount of $4150.80 with continuing interest thereon at the rate of 16.9000 per annum from July 30, 2008 plus costs. James C. rmbrodt,42524 WELTMAN, E NBERG & REIS CO., L.P.A. 436 Seve th Avenue, Suite 1400 Pittsbur h, PA 15219 (412) 4 4-7 55 FAX; 4 2-3 8-7130 068078 0 N Pit KLA This law firm is a debt collector attempt to collect this debt for our client and any information obtained ' 1 be used for that purpose. CapitalOm' I what's in your wallet? NOT PAYING YOUR DEBT 500013 DOESN'T MAKE IT GO AWAY. in fad, even if we report your account as charged off, you'll still be responsible for paying your debt. 5o why not call us to see what we can do together to keep you from receiving such a serious mark on your credit record? We're here to help. Please contact us to find a solution that's right for you. You can make a payment vvith our fig check by phone service or speak to an associate by calling 1.800.955.6600. Make sure you call or pay the amount due on your statement within 30 days to keep your aanum from being dharged off. 500013-08503 ® 2006 Capital One $trvieu, Inc Capita! Oru it a fedrmlly r pirrrnd trrvicc mach. AU rights rurrutd Previous Balance FINANCE Payments 8 Credits CHARGE Transactions New Balance Minimum Payment Due Date $3,544.36 - $0.00 + $49.67 + $39.00 = $3,633.03 $651.00 Nov. 19, 2007 2007 - 26 Se Oct 25, 2007 Page 1 Of 1 nEW Par AT LHsr TM A11ohrr , p. I ns we will reond the MasterCard Platinum Account 5176-0572-616&1832 Your Account Information TOTAL CREDIT LINE $3,000.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $3,000.00 AVAILABLE CREDIT FOR CASH $0.00 Your account is six payments behind. M we charge off your account due to ate payme , charged-off status to several national credit bureaus, and the purchase APR as reflected On this statement 010 be applied to all your outstanding balances. Ad now to prevent this from happening. Please pay the amount due on your statement a give us a cal at 1.800.955.6600. We'll work with you so you can take control of your account and start rebuilding your credit with Capital One. Payments, Credits 8 Ad'ustments Transactions $39.00 1 20 OCT PAST DUE FEE Finance Charges (Please see reverse for important kftmatlon) Baiacce to Pa erat Conesporhdin9 CHARGE PPIi Purchases $2,44923 0.04630% 16.90% $34.02 Cash $1,126.84 0.04630% 16.90% $15.65 ANNUAL PERCENTAGE RATE apprued this pariod: 16.90% At Your Service 1.0003.3637 O To od customer Relations or to report a 1051 a 5101en Gard: ® Sod payments to: Caporal One Be* n- P.O. Box 70884 - gol10tk. NC 28272-DBB4 e Send inquiries to: Copier One • P.O. Box 30295.5a8 Lake Cry, UT B413o-M is Have a question about a charge on your statement? Please reter to the BBing Rights Summary on ft back of your statement or visit weal ao talane conld soules. Your account is 90 days past due and your Payment Protection coverage has been suspended. As stated in your Payment Protection agreement, your coverage and monthly charge wi8 be reinstated once your account is no longer 90 days past due. You may stir be eligible for benefits to be paid to your account for loss evens described in your Payment Protedw agreement. Call Stonebridge Benard Services at 1-888-527-6 to see H your situation qualfies for benefis. You were assessed a past due fee because your minimum payment was not received by the due dale. To avoid the fee in the Mure, we recommend fhat you allow at least 7 business days for your minimum payment to reach Capital One. EX ILI 1, I 1 07 25 071025 PAGE 1 of 1 OIDM6056 6056 506 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO W Ww•CAPITALONE.COM TO MAKE YOUR PAYMENT ONLIN 0 5178057261681832 25 3633030050000651007 Cap"Cl I what's in your wallet?. New Balance Minimum Payment Due Date C?,633.03D C$651.00D Nov. 19, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed C:== Capital One Bank 11I 11111111 loll I1r1111 P.O. Box 70864 Charlotte, NC 28272-0884 1111111ills 111111111I11I I II I111I11111 11111111 11111111 1111 11111 Account Number. 5178-0572-6168-1832 Please print address m Phone number changes below using blue or black ink. Home Phone Akemate Phone Finad address QO #9029984989152460# NAIL ID NUMBER KIMBERLY M DARHOVER 170 E LOUTHER ST CARLISLE, PA 17013-3027 I11111111411111111111 a 1111 Oil 11111 It 1111111111111III 111111111 x, at'....., ,.,,,e ,,,,.„ arrni inn number on vour check or money order made payable to capital one Bank and mail with this coupon in the enclosed ttirlRtb'w.. -04M KIMBERLY M DARHOWER t. Nesrto Awotd • Fuunce Charpa. 1 a. Grace Period. You WE haws a mnkmrn gl'ar'e perms of 25 day$ wNhoul lnenur CIWOP on new Pumhwe", new bran aawters, new, spacial purchases and new other ciwga 1 you pay yw total -Nae, Babr ce'. in .madame with the hnP.Mad Notice for Payments below, and in tier, for it to be a.dtW by yw Parnsnt due date. Them k - pace period .n COM advances and We" aaafam. In addkk n, ghee I. no pane period on any a.nsaction r you do not pay the I" 'NOW baarca.' b. A=Ml hg Fine- Charge. Tmnsxtonc which - dh•1-1 t 1 snb)etd to . pace psnod am --ad the data dh transaction or 2) from h dace 0. uas,dion s p--.W to yw Ac t or3) Imo the fast calendar day of h aerens b" Period. AddWm y, IF you dd not payee Tt.w Brame' nom the prevbm bRnp period n full. Maca onagers crdrear b arena b Your nnp.id yknse art the unpael bakna k paid kh lul. Thk meal. Y. may sin we fn-dory.. even It you pry the W. New Balance indicated on the kohl d yea statement by the peymem due data. butt rid not do ea for the ptevbus month, Unpaid finance dhngas are added to hapoinabt.-W-M dyou A--nL _ Tc thal y= account ks,bj cI to a fans aw". mi*msn total FINMICE CHARGE d50.50 wll be knposed. T d. Tewporray Wi right So or ON (ear charp. for any gwen 2. raga Dally Bel- (kckrdhhg New Pundh.,.l Fnrra ring. Is alwa.ted by n.Agying the daily bOW- d each armed of yaw =..A (e.g., cash Wvarta, gonna.,, WWW panda. and specW pac haste) by h owuspo dnp daily perio6c mt.(s) that be. been W.4-.*y di.d.ed to you. At the and of each day &AV to bang period, wort apply h dally paiodk race for each septum of yw aorars to the deity balance Of each sepnaM1 Than at the and of Ue WWQ period. we add w In. mSdk of thee dally abjM- b a-1- at you pWOdic bits,, onaW to each earem. We acid up fin murk km .adh"pant b arrive r h Ida pwbdc fnace dargefor yw azanl To get h day balance for each segment of ywr azaad, we take to begmhng balaha for each u9nent and add aynswtrawadcn and any parodic Rnance chugs celcttlud on h pnsviws days balance tar listaapnlsr, We then anoart any peynwis or Credits poalW as dead Ny that as rba1W b that seg awn. Thin pins m V. separata daily balance brawn seprsn or your amount "Dn.ver. r ytu pad h New Balarhce thrown on yap pmWm aremeni n ful (a ryw rotor bat.rre was moor • Credit raudJ roe In-acl cee, Mtdh Patio yea purchase err a . pudon eagnw As ore nor added to the dry Wlaces.lrye aaWM the awerape CWIY batance by Wdrg at the day beianres rogeter and dk.' V to sum by the wanb,r of the days In the parent bkbg cycle, To calculate yw loot inane dogs. mJYPIY yw evempe dat bilk- by #W dally ? - and on by to Mar" d nays in to binp Period. daly beek a dos b rninkm m.Rance ciharN ass.smeed, ten my be a variance between this CahrWion end the an-" Of knte- dwrga actually assessed. 3. Annual Percentage Raul (APR4 s. The ter.'Amwl PamenlNe Rau' may appear es'APR' on h Inane of talk sta eat art b. If the rode P (OuMrlry Prima} L (Ouarlsly Ueat). C (0untady CD), ors (Bmtrad Prime) appears on the kont of thk aatenteM land b fie periodic rrNs1, the PrlWic taus and corresponding ANNUAL PERCENTAGE RATES may way qurt.rly and noy.irveasa or decrease based on the MOW kdowL as boned n The Wet Sheet JwwW, plus the m.rgn pm ict sly dueaW b you. Tina charges wil be agw#n on the tit day of yar big period cuwW by yaa periodic alrnrno eWkg n the morns d Jan. y. April. Joy and Octobr. e If the coda D (Monthly Prim). F (Monthly LIBOR), or G (Tm.uy LIBOR) appeas on to torn of your statehnerd he'd b the pwbdc "I"(sl, W. parioek ern and ryr.pondrq ANNUAL PERCENTAGE RATES may vary monthly and my nc a as or decrease based on the sated I dbes. as found In Th. Well Slier Jounr, pka the mrgin pr*vWj y disdos.d to you. These changes with be eredhre on the bill day of ypa Weep POW each -reh. I. Asaessnwd ON Lau, Ovarlnht and Returned Payment Face, Li der the more d ywr wrmn r apmrnem• we reserve the light to Main or not to eases any tit. wahoui prior n odRaton to you wMnMS vmd*V ore d V t to assess the same a sknl.rte. eta lalrtill ppalaOr T5.Rrawntet• M you haaaltp teal on the O front ofydM"Wg lW Mart days dale e td6 aalaniat Mss M&W milled 10 b you b ewid paykg the fee a b haws rah faeCredited b yon r you anal Your scoout willmd having to pay the rownbanship for. To anon you axwrk you must notry ua by calling w Customer Relations Department ad pay yourTUw Brace In ful(ertludin the membarahiP fire) Ow to the and of far thkp day period. B IF You Close Your Arseur. You an inquest to dose yaw a coM by taBnp w Cuaorme Relstons Department. You our destroy yok? Credit cw*).W ausun awe. cads, anaid d paaWRdizW bting and oa.e mint ywr.cceum. After yw repast to don. If you anima to teased or do not rental pesWadred bNkg anangamrm, we will c"Wermoelp of a doge ypa arwrlrton to keep your am out open. Addiewuly. yet account will not be dosed seta You Pay etam-ohl you tae a W.W g: any arhaMbro you have aut hwhW, finance charges, put due fen. owemra fea. rewneal paywem fen, ash a"- I- aW any sterile .-.ad to yao.m.* You am msprsble tar in- arwwh wMNwr bey appear on you efaoud at tin ems yos repast to dose the aaden rthay am W-..d acbse t a nil to yw re*.m to dose the armors. This my muM In carpe app.." on yw atmur her you haws mode" to acmud to be deed. 7. Using Or AccnurrL your nerd or amount Cannot be used in ranraceon with any nunnat ganrlWinp muck- S. Notice About EI-berde Ch-k Conversion When =W=.. ceck. payment you authDrk. m the lierh from your deck b make a one-lime decironk Raid aerate, from your b.mk accost or b process the pOWwM as a Cheek toenabOlon. When ve use nfamaton ppn yw dark to mkt an at.cacnlckad infer, funds may be M*Wmw'n Rom your bank.rsoum as soon as to Same day we mcehe your payment, and you will not receive your chuck back Inc. yw Rrarhi i nstkdion. BILLING RIGHTS SUMMARY (n Gee of Errors or Ouabors abort Your BB) t you think your bill I. vAwg, or r you need come Mmnatm on ¦ trensadion or bill. writ. b m on a sagest, char n soon as pasbW r to address for ngLenes shown on the from of this auetemem. We must hear Rom You no later than 60 daw BtW we set you h Rat 61t on svlnth the error or pmBt.m eppamd- You an tat our Customer Ra ednne n nhber, bed doing so will nr preserhn yes right.. In y- kDa . giw• us It. folo-at) bdomodon: ydr name and amount number. the ddlr amount or the suspected error, a descdptbn of the srrr and an espla..it-. N posabkt of why you bareve tom IS an error or if you road more khfartrofon, ¦ deaoriptiwh of the item you are uroor, *b..L You do not N.+ b pay my -rd in *-bon white we am nvatpstrg k btu you re still ob GMM to Pay the part, Of your bill Una am not In We"mh. Wrdls we nvesegae yw qm bon, we cannot report you as de impart or take any action b Como Ina ammsa you question. t. T Special Rub for Cma Cad Ptnrch m if you hm a problem with the gllalky of property or swAcee that you purchased with. Credit card and you hsv. Mad n good litA to osrmd the Problem with h madanL you my haw the rrgM not to pay dhw, rernainnp envied due on the property or services. You have We prdWkn only when the parches. Price sea, more than SSD.00 and the plarhafe was mede In your home state or within IDD me. Of yw -MV address, It - own a opaale to mordant, or t w. MAW you h atrtlsarwm for ma properly or services. ON Purchases are Covered regardless of am.Ud or location of pvehm.) Pt.ase remember to sign all arrvpond.nc.. T Does not appyfi cenware r non-cretin card accords j Doe, not apply to burros non-credt card acowwis Capital One supports iromhaton privacy prmedon: sit our wank. r Capital One te. felonry rap4t.rW s-ice mark of Cad1r Oa Facial Com mdon. N rights rew-d. 02008 Capkal One 01 DIASM - t - D4110107 knpatrt Ned-payeardsya mat b a sea be cedaed b your O-W as rte Malone daywe mph, It MMW(1) ye andte bodes perlbn alas downed ant your dwdk h the andewdrwnkw- Wdw ael M your paynsst Is naked 1 ourprocergpear by 3 von. ET (121leell PI) Pkar slwr al Iar4w (S) bushy dayslorpaa dwry. Payvlaa ntabM byre r try hdher bnaNan Cr h sty alrream mayor u aesetl r ot h dryse mks tlaa.0ur6rskaw drys son AMSIy leohrph Sekenry, srad.9 MMrye. PI®e do ml m staple. PsD.ndQS, et ton PsPer^p Ycur PsYaasf A, CAPITAL ONE BANK (USA), N.A., Plaintiff, V. KIMBERLY M DARHOWER Defendant(s). VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities, that he/she is an authorized agent of Capital One Services, Inc., an affiliate of and service provider to CAPITAL ONE BANK (USA), N.A., Plaintiff herein, and that he/she is duly authorized to make this Verification, 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. Dated: 61-7 ?,C e-- ' - Antoinette Miller A049 WELTMAN, WEINBERG & REIS CO., L.P.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLANIA, CIVIL DIVISION CAPITAL ONE BANK (USA) PLAINTIFF VS KIMBERLY M. DARHOWER DEFENDANT FILE NO 08-5340 CIVIL TERM - r' -? JURY TRIAL DEMANDED ANSWER TO COMPLAINT WITH AFFIRMATIVE DEFENSES 1. In response to paragraph one of Plaintiffs Complaint, Defendant neither admits nor denies the same as she is without sufficient information to form a belief as to the truth and veracity of this paragraph. 2. In response to paragraph two of Plaintiffs complaint, Defendant admits the same. 3. In response to paragraph three of Plaintiffs complaint, Defendant neither admits nor denies the same but leaves Plaintiff to its strict proofs. 4. In response to paragraph four of Plaintiffs complaint, Defendant admits that she has used a credit card issued by Capital One Bank. Defendant denies that the current balance on the card is $4150.80. pul? 5. In response to paragraph five of Plaintiffs complaint, Defendant denies the same as it is untrue as plead. 6. In response to paragraph six of Plaintiffs complaint, Defendant denies the same as it is untrue as plead. 7. In response to paragraph seven of Plaintiffs complaint, Defendant neither admits nor denies the same but leaves Plaintiff to its strict proofs. To the extent local court rules require, Defendant denies the same as it is untrue as plead. , WHEREFORE, Defendant respectfully prays that his complaint be dismissed, with prejudice as to all matters contained herein r?cd R. Gan, Esq. By: Gan Law Group 64 South Pitt Street Carlisle, Pa 17013 1 717-241-4300 ID 68721 AFFIRMATIVE DEFENSES Now comes Defendant Kimberly M. Darhower and for her affirmative Defenses states as follows. 1. That it was fraudulently misrepresented to her that the extension of credit was within her ability to repay. 2. That Plaintiff improperly and with design extended credit to Defendant which was . contrary to her income and current responsibilities which severely hampered the repayment program on this extension of credit. 3. That the above actions were done in order to mislead the Defendant and provides a basis to declare the contract void ab initio as the terms and conditions upon which the contract was entered into were fraudulent and illusory. 64 South Pitt Street Carlisle, Pa 17013 717-241-4300 ID 68721 By: Gan Law Group VERIFICATION I, Kimberly M. Darhower, hereby certify that the facts set forth in the foregoing Answer to Complaint and Affirmative Defenses are true and correct to the best of my knowledge, information and belief; I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. erly . D ower Date: (19 ` & Dli? Document #: 163765.1 BROOKLYN HTS., OH 216.739.5100 CHICAGO, IL 312.782.9676 CINCINNATI, OH 513.723.2200 CLEVELAND,OH 216.685.1000 COLUMBUS, OH 614.228.7272 February 24, 2009 WELTMAN, WEINBERG & REIS CO., L.P.A. ATTORNEYS AT LAW CClEW7!l+f4 of ?? cnowr ?vn[su?*s Richard Gan, Esquire Gan Law Group 64 South Pitt Street Carlisle, Pa 1701.3 Re: Capital One Bank (USA) NA vs Kimberly M Darhower Docket No.: 08-5340 CIVIL TERM: Our File No.: 6807860 Dear Richard Gan, Esquire: DETROIT, MI 248.362.6100 GROVE CITY, OII 614.801.2600 PHILADELPHIA, PA 215.599.1500 PITTSBURGH, PA 412.434.7955 Enclosed, please find a copy of the Plaintiff s Request for Admissions and Production of Documents. I am forwarding copies of the monthly statements on this account. I have also included the application, if it's available. Please allow this letter to constitute notice pursuant to Pa.R.C.P. 1305(b) of Plaintiff s intention to offer the aforesaid statements into evidence at the arbitration hearing. As you can see, we are proceeding with this litigation. If you wish to resolve the lawsuit without the need of further litigation and trial, please contact this office at the above number. We may be able to offer you a payment plan or a lump sum. settlement. Very truly yours, Benja r er, q. BRB/sgm Enclosures This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. rmnn MARD1 1400 Koppers Building • 436 Seventh Avenue • Pittsburgh, Pennsylvania 15219 9 412.434.7955 9 www.weltman.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION CAPITAL ONE BANK (USA),NA Plaintiff V. NO. 08-5340 CIVIL TERM KIMBERLY M DARHOWER Defendant PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS AND REQUEST FOR PRODUCTION OF DOCUMENTS Plaintiff demands that the defendants answer and respond to the following Request for Production of Documents under oath pursuant to the Pennsylvania Rules of Civil Procedure within 30 days from the date of service hereof. Plaintiff also demands that defendants answer and respond to the following Request for Admissions pursuant to Pa. Rules of Civil Procedure 4014. You are requested to admit the truth of each of the statements of fact hereinafter stated. You are instructed that: 1. These requests are made under Pennsylvania Rules of Civil Procedure 4001, et seq., and each of these matters of which an admission is requested shall be deemed admitted unless your sworn statement in compliance with such Rules is timely made. 2. If you do not admit each of such statements, you must specifically deny each one not admitted or set forth in detail the reasons why you cannot truthfully either admit or deny each such matter. 3. Your answer, signed and properly verified, must be delivered to the undersigned attorney of record for the Plaintiff within thirty (30) days after delivery hereof. 4. If you fail or refuse to admit the truth of any such statement of fact and the Plaintiff thereafter proves the truth thereof, you may be required to pay the reasonable expenses incurred in making such proof, including attorneys' fees, witness expenses, etc. 5. If, in response to any of the following statements of fact, it is your position that the statement is true in part or as to some items, but not true in full or as to all items, then answer separately as to each part or item. 6. If you have been sued in more than one capacity or if your answers would be different if answered in any different capacity, such as partner, agent, corporate officer or director or the like, then you are requested to answer separately in each such capacity. Failure to do so constitutes an admission in any such capacity. 7. In these Requests for Admissions: A. The word "person(s)" means all entities, and, without limiting the generality of the foregoing, includes natural persons, joint owners, associations, companies, partnerships, joint ventures, trusts, and estates; B. The word "document(s)" means all written, printed, recorded, graphic, or photographic matter, or, sound reproductions, however produced or reproduced, pertaining to any manner to the subject matter indicated; C. The words "identity" "identify", "identification", when used with respect to a person(s) means to state the full name and present or last known address and business address of such person(s) and, if an actual person, his present or last known job title, and the name and address of his present or last known employers; D. The words "identity" "identify" "identification", when used with respect to a date, subject matter, name(s) or person(s) that wrote, signed initialed, dictated or otherwise participated in the creation of the same, the name(s) of the addressee or addressees if any and the name(s) and address(es) of each person who have possession, custody, and control of said document(s). If any such document was, but is no longer in your possession, custody, or control, or in existence, state the date and manner of its disposition; and E. The word "identify", when used with respect to an act (including an alleged offense), occurrence, statement, or conduct (hereinafter collectively called "act"), means to (1) describe the substance of the event or events constituting such an act, and to state the date when such act occurred; (2) identify each and every person(s) participating in such an act; (3) identify all other person(s) (if any) present when such act occurred; (4) state whether any minutes, notes, memoranda, or other record of such act was made; (5) state whether such record now exists; and (6) identify the person(s) presently having possession, custody or control of such record. 8. Unless otherwise indicated, all Requests herein relate to those certain events, persons, and period of time more fully described in the pleading in this case. 9. These requests are of a continuous nature. These Requests for Production of Documents shall be deemed continuing so as to require supplemental answers and documents if any information of documents are acquired subsequent to the filing of responses hereto, which information or documents would have been included in the answers and documents produced had it been known or available at the time the answers and the documents provided pursuant hereto were produced. Defendants shall supply such information and documents by supplemental answers and production of documents as soon as such information becomes known or available and in all events, prior to trial of this action. If objection is made to any requests for production of documents, it is demanded that the requests for which there is no objection be answered and furnished within the aforesaid period. All documents identified in response hereto shall be organized and labeled to correspond with the request to which it pertains. For all documents produced, list the individual and his or her job title and department from whose files it was produced and the current custodian of said document. If a document called for is believed to exist or is known to exist, but is in the possession, custody or control of another person or party, the existence of the document, the identity of the possessor, custodian and one in control of such documents shall be provided along with any applicable common description or citation utilized by the publisher, possessor, custodian or disseminator of such document. If any document called for by this request is withheld on the basis of any claim of privilege or any similar claim, identify that document as follows: author; addressee; indicated or blind copies, date, subject matter; number of pages; attachments or appendices; all persons to whom distributed, shown or explained; present custodian; and nature of the privilege or similar claim asserted. REQUEST FOR PRODUCTION OF DOCUMENTS 1: Produce any and all documents evidencing proof of all payments on the subject credit card referenced in the Complaint, including, but not limited to, cancelled checks, receipts, coupons, statements, accountings, memoranda, invoices, financial statements, accounting entries, diaries, charts, lists, phone records, data compilations etc. REQUEST FOR PRODUCTION OF DOCUMENTS 2: Produce any and all documents you intend to introduce and/or provide testimony on as evidence at the time of trial. REQUEST FOR ADMISSION NO. I: Defendant signed the attached credit card application. Admitted Denied If the answer to Request for Admissions No. 2 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 2: The attached monthly statements, from March 19, 2007 through November 19, 2007, correctly identify the payments, charges, and balances on the account. Admitted Denied If the answer to Request for Admissions No. 2 is "denied", then supply copies of canceled checks, both front and back, and/or if not available, specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 3: The last payment on the account was made on April 16, 2007. Admitted Denied If the answer to Request for Admissions No. 3 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 4: Defendant has not submitted any written dispute as to billing inaccuracy concerning the credit card in question. Admitted Denied If the answer to the Request for Admissions No. 4 is "denied", then supply copies of specific written disputes as to any billing inaccuracies. REQUEST FOR ADMISSION NO. 5: $4,150.80 is a correct and accurate current balance of the credit card account in question. Admitted Denied If the answer to Request for Admissions No. 5 is "denied", then supply specific written documentation supporting the denial. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. Benj . i er, Esquire PA I.D. 598 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-79555 WWR: 6807860 DEFENDANT'S VERIFICATION 1, , (please print) under penalty of perjury and subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities verify that the foregoing Responses are true and correct to the best of my knowledge, information and belief. Date Signature CERTIFICATE OF SERVICE A true and correct copy of Plaintiff's First Request for Production of Documents and Request for Admissions has been served by U.S. Mail, on the day of DJ0 , 2009, upon the following: Richard Gan, Esquire Gan Law Group 64 South Pitt Street Carlisle, Pa 17013 Oo ro?ww ? •Y VJ O O CJ• V1 o ti rn ? O' w co 0 0 a 0 1 cv 2 ea o' N r_ « S 03 A o n N 1 a?w ['l p0 r?Q N a?.ci ? QO N ?n ^? z $a?: K ro 9 yM a ^. 3 Wp 3 W ID =a c ro ski ?? 0 wr o?n v " a O oYff ? °1 ctt p A P-r a, z°'x o _ 0 CD 1-0 N O Nm SL W o N : W ? ? ?nso ?mE N J W Ln l O V1 G? C `- C ? r? W J 3 Ul s 0 \/ ro c -9 Q 19 s ro d -] ro ? A D ? d 0 c a J d ITS N 3 r?o C) z to p ? .0 0 0 ? ro 0 51.3 00 t h S V , ID m M r^ ? ri. n l K j C d 7 C C v 3 o -0 3 y(D al X, OI _ •-1 v - A ro o 3 s? c r O M .. ro N l A a S 'a •? 0 rr ro un Q A )C 0 G • 7 N ? ? ? ?D tea. Ll T N M t N Im N ,. -y, tb 17 y "0 ; o Im ' ^ lD ... Q c.i r N ? ? O O V C O. Y A b 0 3 zu Z m 500019 Protect your account. Enjoy peace of mind. In case of emergency, makes the minimum monthly payment you owe on your eligible balance once per calendar year. Pays the minimum monthly payment on your account if you are Payment disabled or involuntarily terminated for up to 12 months. P R 0 T E C T I 0 N Pays the entire eligible balance up to $io,ooo in the event of death with Emergency Payment or permanent disability. .from Cawdwcw Costs just 99 cents per $ioo of your statement ending balance. I ENROLL TODAY! •-} See reverse for enrollment information FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date $0.00 - $0.00 + $34.11 + $1,586.50 =$661 $48.00 Mar. 19, 2007 Jan. 14, 2007 - Feb. 19, 2007 Page 1 of 2 . nWE PAY AT AT THIS AMOUNT MasterCard Platinum Account 5178-0572-6168.1832 Your Account Information TOTAL CREDIT LINE $3,000.00 TOTAL AVAILABLE CREDIT $1,379.39 CREDIT LINE FOR CASH $3,000.00 AVAILABLE CREDIT FOR CASH $1,379.39 Finance Charges (Please see reverse for important information) Balance rate Periodic es ing FINANCE r applied to rate CHARGE APR Purchases $0.00 0.00000% 0.00% $0.00 Cash $368.09 0.04630% 16.90% $5.11 0 At Your Service 1400-903.3637 To call Custww Relations or to report a lost or stolen card: ® Send payments to: Capital One Bank • P.O. Box 70884 • Chadotte, NC 28272-0664 A Send inquiries to: Capital One • P.O. Box 30285 - Sait Lake City, UT 84130-0285 Payments Credits & Adjustments Transactions 1 20 JAN TARGET 00020990 CARLISLE PA $76.47 2 20 JAN WM SUPERCENTER CARLISLE PA $45.69 3 21 JAN F 6 M TRUST1700 E. HIGH S CARLISLE PA $42.00 4 22 JAN CASH FRONT END FEE FINANCE CHARGE $5.00 5 23 JAN DELI CREATIONS CARLISLE PA $23.24 6 24 JAN M&T BANKIM&T 1900 RITNER CARLISLE PA $60.00 7 24 JAN SHEETZ 00002634 CARLISLE PA $19.00 8 25 JAN CASH FRONT END FEE FINANCE CHARGE $5.00 9 25 JAN GIANT FOOD STORES #112 CARLISLE PA $24.33 10 26 JAN GNC #00599 CARLISLE PA $44.99 11 27 JAN CORNERSTONE FC15 EAST GAT CARLISLE PA $300.00 12 29 JAN CASH FRONT END FEE FINANCE CHARGE $9.00 13_ _29_JA_N_ VERIZON WRLS 06231-01 MECHANICSBURG PA _ $262.79 14 30 JAN VERIZON WRLS 06231-01 MECHANICSBURG PA 5233.1tt 15 01 FEB WAL-MART #2574 CARLISLE PA $66.72 16 03 FEB GABRIEL BROS - HARRISB HARRISBURG PA $8.48 17 03 FEB CHUCK E CHEESE00009087 HARRISBURG PA $20.72 18 03 FEB CHUCK E CHEESE00009087 HARRISBURG PA $10.00 19 06 FEB DELI C CARLISLE CARLISLE PA $33.96 20 08 FEB GIANT FOOD STORES #112 CARLISLE PA $4207 21 09 FEB CARLISLE DINER CARLISE PA $10.92 22 10 FEB WEIS MARKETS #95 SHD CARLISLE PA $10.36 23 15 FEB M&T BANKIM&T 1900 RITNER CARLISLE PA $20.00 24 15 FEB SHEETZ 1X1002634 CARLISLE PA $24.00 25 16 FEB CASH FRONT END FEE FINANCE CHARGE $5.00 26 17 FEB MEMBERS 1ST FC1255 S SPRI CARLISLE PA $101.75 27 18 FEB WM SUPERCENTER CARLISLE PA $8997 28 19 FEB CASH FRONT END FEE FINANCE CHARGE $5.00 29 19 FEB PAYMENT PROTECTION 1-888-527-6904 $15.88 6056 506 1 7 19 070219 PAGE 1 of 2 01BC6056 PLEASE RETURN PORTION BELOW WITH PAYMENT 0 5178057261681832 19 1620610000000048008 CapffalOw what's in your wallet?' Account Number: 5178-0572-6168-1832 New Balance Minimum Payment Due Date $1,620.61 $48.00 Mar. 19, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed C:= Capital One Bank P.O. Box 70664 ltllr.llrPtl.rrllrrlr Charlotte, NC 26272-0664 Please print address or phone number changes below using blue or black ink. Nome Phone Alternate Phone E-mail address a e9005164989152465e NAIL ID NUMBER KIMBERLY M DARHOYER 170 E LOUTHER ST CARLISLE, PA 17013-3027 mill.uillnuullullurl1Plluu9l.llnrllnrlllnrlrlrl lul.llnlnrlPllurlul.lllnPlnlrlnlulullnlnlullnrll 01 Please write your account number on your check or money order made payable to Capital One Bank and mail with th ul: iri Utenclosed envelope. To enroll in Payment Protection: Call toll free 1-888-527-3014 When you call, please mention Key Code 3PT Enrollment is optional and will not affect the terms of any existing credit card agreement you have with us. Once you enroll, this credit card will be billed 99 cents per $100 of your statement ending balance each month. There are conditions and exclusions that may limit your eligibility for certain benefits. For example, you will not be eligible for the inability to work benefit if you are self-employed, seasonally employed, part-time, retired, or currently unemployed. You will also not be eligible for disability benefits if you are currently disabled. A Welcome Kit and the Member Benefits sheet should arrive in 7-10 business days. Please review the Addendum, which will be included, for a full explanation of all benefits, conditions, and exclusions. If you're not completely satisfied with this product within the first 30 days, you can call 1-888-527-6904 to cancel and request a full credit of your Payment Protection fees. 1. Hoar to Avoid a Finance Charge. t a. Grace Period. You win have a minimum grace period of 25 days without finance charge on new purchases, new balance benders, new special purchases and new other charges If you Pay your total -New Balance, in socercance with the Important Notice for paynants below, and In firne fa it to be credited by yw rod deterrent dosing date. There Is no gram period on cash advances and spsdal tandem. In addidon, there b - gram period any transaction if you do not pay de local *Nsw balance • b. Accruing Finance Charge. Tweactions which are not sub)ed to a gram period era ez.-ad finance he%. 1) from the date tithe transaction or 2) from tie date the transaction is processed to your Aowunl or 3) from IM first calendar day of the mama billing period. Addtipvly. N you dal not pay the -New Balance from Me previous bBig period in fed, finarhce dterges continue to accrue to your unpaid 6elence until ate unpaid balance is paid in fut. This means drat you may still owe fhage charges, even N you pay the entire New Balance Indicated on the front of your statement by the Held statement doming date, but did not do an fo he previous month Unpaid pram charges am added to the applicable segment of your Account. t c. hint mrn Flans Charge. For each billing period that your accord is maim to a finance charge. a nammum total FINANCE CHARGE of S0.50 will be imposed. t d. Temporary Reduction In Finance Change. We n Bove the right to nod rimes any or err finance charges for any gh an bring period- 2 . Average Dab Balance Orchndig New Purehswat . Finance tarps is calculated by muriplying the daily bakarice of each segnaml of your account (e.g.. cash advrre. Prrdwe, epedd trarader, end special purchase) by the corresponding dry periodic rate(s) that has been j previously disclosed to you. At the and of each day during the bill" PwW, we apply the daily Periodic rare for each segment of your amount to the dairy balance of each s.gmars. Than at gar and of the billing period. we add up the results of dwae dally calculations to arrive st your pedodic finance charge for each s.gnuant We add up the msuft from each segment to amble at the tool periodic fiance charge for your.CCU.L To gel the daily bdrm for path eegrnerd of your aooounL we take the bsgkawg balance far a..h segment and add any new transactions ant any periodic finance charge cakdated err am p Motes days balance for dust aegna0. We then subtract any payments or credits posted as of that day that acs allocated to that segment. The gives us the separate dary balance for each mgnerd of your account. However, N you paid tie New Saunas shown on your previous statement In full (a N your new balance was zee or a credit amount), new transactions, which pod to your purchase or special purchase solimentc are rat added to the dally bNaus. VV@ corolate the average dally balance by adding al the daily balances together and diwdng the aunt by the number of tie days in the current biting cycle. To calculate your total Finance large. multpy your average daily balance by the dairy periodic rate and by tie number of days in the bifxq period. Due to rounding on a dally beat or due to minimum finance serge assessment, term may be a varlann balwwn this calculation and the amount of lmncs charge actually assessed. 3. Annul Percentage Rates (APR). a. The term *Annual Percentage Rate' may appear as 'APR' on the from of this star-eau. b. N the code P (Ow mlair Pdmel. L (Ouartry LIBOR), C (Omriedy CD), or S (Brrkrard Prime) appears on the from of this statement net to the periodic elm(s), the periodic rotes and mrteepardkg ANNUAL PERCENTAGE RATES my wry quemwly and army Inc m wa or decrees. based an the stated indices, as ford in The Well Simi Journal, plus the merge previously disclosed to you. These changes toil be eaecOm on the hat day of your b&V period covered by your periodic statement ending In the months of January, April, July and October. a If the code D (Mm" Prime), F (Monthly LIBOR), or G (r-ry LIBOR) appears on the hod of your statement nad to the periodic rate(.), the parodic rates and corresponding ANNUAL PERCENTAGE RATES nay vary monthly and may noeese or decrease based on the slated indices, as found M The W W Street Journal, Pow the margin pevousy disclosed to you. These changes will be eRediw on the hot day of your b" period each month. 4. Assessment of Late, Ow*nN and Returned Payment Fax Under the hems of your customer egrsanerk wa reserve the right to "We or not to seeps any fees wlhotl pdanotMcation to YOU whltqu "MV ourdo to assess the samaasimrafeuatatatatims. t S. Renewing Your Accous. N a membership fee appears on the front of your alinement, you have 30 days from the date this statement was mailed to you to avoid paying the fm a to have such fm cradled to you it you cancel your account without having to pay the membership fee. To caaxl your secant, you mud notify us by cling our Customer Relations Department and pay yourliew Balance M full (excluding the membership feel prior to the and of the darty-day, period. & if You Close Your Account. You can request to dose your aanont by o1Mg our Customs Relations DepaMhent You must destroy your credit card(s) and account access dada, cartel al preauthorized billing and case using your account After your request to do", it you continue to transact a do no cancel prseaWhodzad billing amperrrerm. wra will consider raealpt at a charge your authorbodon lo keep your account open. Adddonaly, your account will not be dosed until you pay all amounts you one us including: any ten"etione you have authorized, Kamm charges, pest due tem, ceAmft fees, mooned payment em, cash advance fees and any aherfees e...sed to your account. You ere responsible for these amounts .4.0- they appear on your accord at the alma you request to clop de account or bray am incurred subsequent to your request to close the amount. This may result in charges appaerig on your account after you have requested the amoral to be dined. 7. Using Yew Account. Your card or account cannot be used in connection with any Internet gambling transactions. 8. Notice About Electronic Check Converaion. When you provkle a check as payment, you authorize us ether to use information from your check to make a one-time electronic fund transfer from your bank accent or to process the payment as a check transaction. When we use Information Irom your dock to new an sladronic fund transfer, funds may be withdrawn from your bank account as soon as de sane day we recent your payment. ant you will not receive your check back from your hander Mstiw ion. BILLING RIGHTS SUMMARY (In Case of Errors or Questions about Your BB) N you V" your d1 is wrong, or If you need more Information on a transaction or bill, write to us on a separate shell as soon as possible at the address for inquiries show on the front of this statsmern. We must how from you no lacer then 50 days after we sent you the first big on wdach the error or problem appeared. You ten call our Customer R.Wkxw number, but doing an will not preserve your rights. In your letter, give us ft following information: your name and scrnunt number. the dollar amosrt of the auspeded era, a description of the error and an explanation. N possible. of why You believe than to an an-. M If you need more hfcrmatien, a description of the item you are unsure about You do not have to pay any amount m question while we are hve dpft it, but you are still obligated to pay the parts of your bill the are not in quasaon. While we Investigate your question, we cannot report you are delinquent or take any action to clad the amount you question. F, t SPedel Rule for Credit Card Purchases N you have a prnbenwith the quality of property or serAws dot you purchased with a credit card and you have tried M good faith to mnect the problem with the nemcham, you army haw the right no to pay the remsining an-A due on the property or mrvims. You have this proedron only when the purchase price was mom than $50.00 and the purchase was made In your home at.%. or within 100 miles of your mailing address. Of we own or operate the merchant, or N we malled you the advertisement for the property or services, erg purchases are .-ad regardless of amount or location of purchase.) Please remember to sign all corresp.denm. t Does not apply to consumer noncredr card accaurds t Dona not apply to business noncuedN cad accounts Capital One supports info-lion privacy protection: we our webdte at wwW-Mlom.mnt Capital One is a federally registered service mans of Capital One Rnandal Corporation. All rights reserved. 02006 Capital One IrrporientIlstke: Psymarc you mat to a all be ceded b yea -t as of era twima dry wa made 1, pnrkled (1) yos wM the bdlan pardon of ft st le-I and yow dmdt h the adoa d nasaate arwstp. and (2) yarprymrd'e raaked in aurprorerirp aratr by 3pm.Ef(12 osm PT).Plow.lord hest N.(5) echo days for postal ddk y. Paymals mmhed by te at say dlaloutlm ate any.tha!for. rray not be credal as dtladay- mash 1am. Our WW- drys n M..dy h.0 S.W y,e.duft hdidrya Plem do not we stapes, papaUpa, rob when prpssg your paymal CapitaIGW e 500017 • Know your credit limit and the amount of credit available for your use. • Maintain a good credit history ...it affects more areas of your life than just your ability to get a credit card. • Use a budget to help you see what you can afford to buy now and to help you save for the future. • Understand that the cost of credit includes fees as well as interest. • Request a copy of your credit report from a credit reporting bureau regularly. FINANCE Previous Balance Payments 8 Credits CHARGE Transactions New Balance Minimum Payment Due Date $0.00 - $0.00 + $34.11 + $1,586.50 = $1,620.61 $48.00 Mar. 19, 2007 Jan. 14, 2007 - Feb. 19, 2007 Page 2 of 2 PLEASE PAY AT LEAST THIS AMOUNT Thank you for enrolling in Capital One's Payment Protection Plan. Your fee will be conveniently Wiled to your MasterCard Platinum Account MasterCard Platinum Capital One credit card based on your month-ending account balance. If you have any questions, please call the 1t 2 customer service number listed in the transactions section of your statement. Your Account Information TOTAL CREDIT LINE $3,000.00 TOTAL AVAILABLE CREDIT $1,379.39 CREDIT LINE FOR CASH $3,000.00 AVAILABLE CREDIT FOR CASH $1,379.39 6056 506 1 7 19 070219 PAGE 2 of 2 OIBC6056 SAVE HUNDREDS` when you shop around for your insurance. Iasnra°°OC°mPanres Shop and you could save $500 or more' on your auto insurance alone. Combine your auto and homeowners insurance and you could save an additional 15%. insurance GET UP TO 6 FREE QUOTES Answer from top carriers when you shop online. center www.capitalone.com/insurance Estimated 6 Rating Nlonth Premlur^ 7 ____ -- 3 -_ O __ _____ 36 e- ___ _O _ _ _ _ _ _ _ A+ 6 _____ C1 -- ___ _$397 -- - ----Ml _ ------- _ ?____ A+ -- _ ___ - ine- -- 1 O -- ____ - 8418 _ _ __ O -. - + __ ____ 5421 ___ O __ ___ - ----A+ ---$i3 ------- -ire- --- - O 3806 - 0-6 ' -- O line( ---" A+ $579 5afe,» Tns"mr" co. ---_---_--__I paerbrk Insurance - - - - -Y T".1em ______________ Unitrln Drted ---------------- mar+,eord------------------ Electric At A9ann Auto --__-___---- privafromP----------- -------------- Encompass FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date $1,620.61 - $100.00 + $31.63 + $1,543.98 = $3,096.22 $96.22 Apr. 19, 2007 Feb. 20, 2007 - Mar. 19, 2007 Page 1 of 1 M-WE PAY AT U15T Ties AMOUNT MasterCard Platinum Account 517(1-0572-6168-1832 Your Account Information TOTAL CREDIT LINE $3,000.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $3,000.00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please see reverse for important information) Balance rate Periodic Co responding FINANCE applied to rate AA?P?R CHARGE Purchases $0.00 0.00000% 0.00% $0.00 Cash $893.54 0.04630% 16.90% $11.58 ANNUAL PERCENTAGE RATE applied this period: 42.48% jj!h At Your Service 1-800-903-3637 To call Customer Relations or to report a lost or stolen cad: ® Sand payments to: Capital One Bank- P.O. Box 70884 • Charlotte, NC 28272.0684 A Send inquiries to: Capital One - P.O. Box 30285 - Salt Lake City, UT 64130-0285 Payments Credits & Adjustments 1 19 MAR PAYMENT $100.00- Transactions 2 18 FEB KMART 00077461 CARLISLE PA $75.96 3 21 FEB VERIZON WRLS MORRISTOWN NJ $495.01 4 22 FEB M&T BANKIM&T 1900 RITNER CARLISLE PA $20.00 5 22 FEB SHEETZ 00002634 CARLISLE PA $23.90 6 23 FEB CASH FRONT END FEE FINANCE CHARGE $5.00 7 28 FEB MEMBERS 1ST FC11166 WALNU CARLISLE PA $301.75 8 01 MAR CASH FRONT END FEE FINANCE CHARGE $9.05 9 02 MAR DELI C INC CARLISLE PA $17.00 10 03 MAR LEMOYNE SLEEPER COMPAN CARLISLE PA $295.74 11 04 MAR WM SUPERCENTER CARLISLE PA $28.96 12 08 MAR CORNERSTONE FC45 EAST GAT CARLISLE PA $200.00 13 08 MAR SHEETZ 00002634 CARLISLE PA $26.60 14 09 MAR CASH FRONT END FEE FINANCE CHARGE $6.00 -- 15 19 MAR PAYMENT PROTECTION 1-888-527-6904 $30.06 16 19 MAR OVERLIMIT FEE MAR 09, 2007 $29.00 Thank you for enrolling in Capital One's Payment Protection Plan. Your fee will be convenien4 billed to your Capital One credit card based on your month-ending account balance. If you have any questions, please call the customer service number fisted in the transactions section of your statement. 6056 506 1 7 19 070319 PAGE 1 of 2 01BC6056 PLEASE RETURN PORTION BELOW WITH PAYMENT 0 5178057261681832 19 3096220100000096221 Cape I what's in your wallet?' Account Number: 5178-0572-6168-1832 New Balance Minimum Payment Due Date Please print address or phone number changes below using blue or black ink. $3,096.22 $96.22 Apr. 19, 2007 Address PLEASE PAY AT LEAST Home Phone Alternate Phone THIS AMOUNT E-mail address C? Amount Enclosed e90079&49&9152466s HAIL ID NUMBER KIMBERLY M DARHOYER 170 E LOUTHER ST Capital One Bank CARLISLE. PA 17013-3027 P.O. Box 70&84 ?tu???m???nunn Charlotte, NC 28272-0864 Ln1 9 11.11110 I'?IIII11111111 so IIIIllllllrl^"II?IIIIIIIIIIII Please write your account number on your check or money order made payable to Capital One Bank and mail with this coupon in the enclosed envelope. SHOP AND COMPARE and you could save $500 or more' off your auto insurance premiums. insurance j j CALL 1.877.886.9111 SAVE EVEfrI MORE: or visit www.capftalone.corn/insurance Up to 15% when you combine Answer to see how much you can save. your auto and homeowners. center. There's no obligation and no pressure to buy. '006 Source: www.smartrnomycorrVcartsu nedrdeu.cfiMatory=aAcir rarxs. hsurance products are offered by Insurance Answer Center' Inc. (CAi(om a License No. OB99714). Answer Center Insurance Agency, Inc., and other affiliates. insurance parrs and services are from insurance compares and other icersed ihslranceerdated providers. Insuraroe Answer Center Inc. represents only the insurance companies and is paid commissions and may receive otter performance- based ompensetion for the services provided to you. Not ail products IAaieble In ail states. Rates slC(eect to change. At pro ducts may not be available In all states. Capital Onar does not provide, enclose or guarantee any ttid-party procure( or service shown here. Insurance products am not deposits or other obligations of, or guaranteed by Capital One or an affiliate of Capital One and are not inured by the FDIC or any other Ltr(ed States agency or Capital One. Your decision to purchase irm ranoe and your doioe of an insurer or agent wit not affect your eigb6ly for any Capital One product or service. Any tradanaks mentioned heren are sddy owned by ft respective eri tx ® 2007 Capital One Services, hc. Capital One is a federally registered service mark. At rights reserved. 1, How to Avoid a Finance Charge, t a. Grace Period. You wll have a minimum grace period of 25 days Wthout insnca charge w new purchases. new balance tranalere, new Special purchases and new od- charges t you pay your total *New Balance', in accordance wth due Important Notice for payments below. and in time for It to be credited by your need stasarrent closing daft. There is no gram period on cash advahrea and special herders. In addgm them is no grace period any transaction g you do not pay the lutal'New balance' b. Aeeming Finance Charge. Treoll3a s which am, not shbied to a grace period are assessed finance charge 1) from the deb of the transaction or 2) from the data the transaction is poosued to ymr Account or 3) Imo to fist calendar day of the ounent blhg Period. Addlisdy If you dal not pay the Tlav Balance from the previous bBWG Period in ful, hence charges ad6wm to sccrua to your unpaid balance anal the unpaid balance is paid in full. This means that you may sd1 owe finance chargas, .van If you pay the erdie New Branca Mndlcafad on the hat of your .bftmem by de nest elatement ck drg dale, but die not do So for ow p ini-S month. Unpaid finance charges ere added to ih appicable segment of your Acom". t c. Wnkman Finance Chaps. For each bling Period that your aaaSUt I. aub}d to a ante charge, a minimum low FINANCE CHARGE d 50.50 IN be inpxed. t d. Temporary s edut dan in Finance Charge. We raseve the right to not assets any or all hence charges for any given Willing PWW 2:.._-Avereq. Daily Bed.- Onckell il flaw Purshsse4 -- Financa charge is calculated by multiplying the daily balance or each Segment of your ace-rd (s.¢, ash advance, purchase, special bw W. and special purchase) by the corresponding dairy pe peck raft(a) that has been previously 6sd.ead to you. At the and of each day durng the billing period, wwt apply the dry perodlc raft for each segment of your acc-ni to the daily balance of each segment. Than at the text of to blRng paod, we add hp the netts of te6e daily calcdadore to arrive at your periodic finace Berge for each segrnanL We add up to results from each Segment to solve at to Wild Periodic finarcn charge fa your accent. To get the dry balance for each segment of you account, we take to beginning balance for each segment eed add any new trarabck" and try Periodic inane dhrge calculated w the previous days balance for dot sepnw t Via ten whsart any psyr ern or credits posted es of tlW day that ere alocMed to that asomd. This gives us the separate daily balance for each segment of you acmum. However, t you paid the New Batence shown w your previous Statement in full for If your new, balance was zero or a credit emourd), raw transactions. which goat to you puduas m special purchase segments are no added to the dry balances. WO caldAata tin average daffy balance by adding all the dally balances oget ar and divi6ng the cam by the mrrlber of the days in to current biting cycle. To calculae your tout fmanca charge, mukiPtY yon averega daily balance by the defy periodic rate and by the number of days in to billkq period. Dust to rounding on a daily bask or due to minimum finance charge assessment. them may be a vadanre between the calculation and the amount of finance charge actually assessed. 3. Annual Percenuga Rases IAPR). a. The lean Wnual Percentage Rate may appear as "APR' on ere from of this staternant. b. N are code P (Quarterly Prime). L (Quarterly LIBOR), C (Quarterly CD), err S (Ba ice d Prime) app.wa on the frcal of this statement then o the periodic rag(s), the Periodic rates and corresponding ANNUAL PERCENTAGE RATES may wry quunady and may Increase or decrease based on the slated iodides, as farad o The Wall Street Journal. pus Uro margin Pmvieury disclosed to you. These degas will be effective on the het day d your blhg period covered by your perioft slaounant ending In the months of Jaroay, April, July and October. c If the ends D (Alonthy Prime). F (Monthly LIBOR), or O (Treaeury LIBOR) appears W Ina from of your statement next to the periodic rela(aL the periodic raise and corresponding ANNUAL PERCENTAGE RATES my vary monthly and may bmeass or decrease based on the stated indices, as found In The Wall Street Journal, plus the margin previously disclosed o you. Thee changes will be aaacfive on the first day of your filing period mach month. 4. Ase "nitent of Lab. OwtrnN and Rslomed Payment Few Under the hums of your aslomer agreement, war reserve the right to wane or not to assess any fame without prior ondi ireUon b you without wshvi g ourrightto assess the _-sanaorsinirLasateWertr lam -_____. _- - t 5. Renewing Your Account t a membership fee appears on the loom of your statement, you have 30 days from the daft tta statement was mailed to you to avoid paying the fee or to have such les credited to you N you cancel your account without having to pay the membership fee. To osocel your account, you meet notify us by calling our customer Relations Department and pay your 'New Balance N full (excluding the membership fee) prior to to and of the thirty-day period. 6. N Yw Close YOw Account. You an request to dote your aocopd by calling our Customer Relations Department. You must destroy your credo card(s) and accoan sous dads, cruel all peautuaized biting and osase using your soccum. After your request to does. it you ahMwe to bansad or do not cancel preaWodzed bang anangernanla, we call consider receipt da charge your aWortralon to keep your acmum open. Additionay, your account will not be dosed lama you pony all amounts you owe us Including: any transactions you have authorized. finance chargm. past due fees, overt" fees. roamed payment fees, cash advance fees and any other fees a..-.d to your account. You re respansbk for these amounts whelher they appear on your account at the time you request to dose to account or grey are Incurred subsequent to your request to dace to account This may taut In charges appearing on your account eta you have requested the scr al to be dosed. 7. Using Your Account. Your card or account cannot be used in eorneetidn wail any InWnet gambling transactions. 9. Notice About Electronic Check Convertor. When you provide a dhack as payment, you authorize us either to use information from your check to make a one-lime eketroni : fund trends, from your bank account or to process the psymwni as a check transaction. When we use Intome6on from your deck to make an decbonk: fund transfer, funds may be vvthdre- from your bank account as soon as the same day war receive your payment. and you eAl not reeeNe your cheek back from your financial instt pion. BILLING RIGHTS SUMMARY (In Case of Errors or Questi" about Your BR) N you t lok your bill Is wrong, or If you need nore Infonnaton on a ban.adion or bill, wrhe, to us on a separate sheet u soon as possible I the address for inquiries shown on to from of tat st.wnenL We must hear from you no later tun 60 days after we seen you the Ins bus on ti h the era or problem appeared. You an cant our customer Retail- number. but doing so will not prelusive you rights. In your letter, give us the following Information: your name and account number, the ddar amoral of the suspected error, a description of the ens and an explanation, x possible, of why you believe them Is an error, or h you need more infometion, a description of the item you are unsae about. You do not have to pay any amount in question while we are khwsdgahq ft, but you ere sit obligated to pay the parts of yam bill that are not in gu.edon. While we investgate your question, we cannot report you as delinquent or take any axon to oottarJ the smoum you question. S, t Special Rule for Credit Card Purchases Ny1eve a Problem witft equally or Prop" orswvkm that you purchased wilh • credit and and you have tried in good faith o -red the problem vd h the rrerch". you may law the light not to pay the remaining amant due on the property or wrvloae. You law fits protection only when the purchase price war mere than SM.00 and tle pu dress was me& In your home stab or within 100 miles of your mailing address. (If we own or operate to me c hant, a h we mailed you the adwrtumem for the property or services. all purchases are covered regardless of amount a location of purchase.) Please remember to sign all correspondence. t foes not aWy to censumar not-radif card accounts i Does rod appry to bladrou non- .* cad aedoums Capkml One supports information privacy protection: we our -tuft at m capftahma fAm. Capital One Is a fedrahy registered service mark of Capllil Oft Financial Corporation. AN rights reserved. O 2006 Capital One mipmset Notice: PWaeS Y. real to r ell be redid b ysur...W at of IM balsa day as-',. it, pwod (1) you Send tlr err porsdnp untar bohan Pont. duo stalamal end you dec h tlr anrlaad rarrihaxs amdep. and (2) your payment Ismadv.d In ly J p.m. ET (72 mean Pn. Rua albs N welfis (5) bhekaa days kr pr.W deMY. Pryriwa nrebed M a el try olhr loatlon a w try Wear mm may not be oedted a of ft delve receAe them. O Our buSYass dap are Mad" tnouph Saturday, eadding hok.ys. Pkae do not ere stapes, pupa dlpa, ate. when prop r ym pymem. 200140 KIMBERLY M DARHOWER Date 12201 170 E LOUTHER ST CARLISLE, PA 17013-3027 Use by 0610112007 68.7270/256o o8956 Y U W $ Z U Pay to the order of V_i n W N Dollars = u CapitalQne' Z 4 Richmond, VA Memo Cardholder Signature 11• L 2 20 ill' 1: 2 S 60 7 2 70 i1: 7 S 100017 2 S 6 7011• 6056 506 1 7 19070319 PAGE 2 of 2 01BC6056 Easy. Convenient. No Transaction Fee. You deserve hassle-free financial tools. So to make it as easy as possible for you to access your account, we're pleased to offer you these no-transaction-fee Purchase Checks.* You can use them wherever personal checks are accepted to: Prepare get cash ...for your home Control consolidate bills Don't Wait! Your Capital One• Purchase Checks Get Going tackle home projects should be used by 06101/2007 Even better, these checks have the same rate you enjoy for purchases made with your card. So use them today. Just be sure the total of your checks, other transactions and fees doesn't exceed your credit line. * See back of letter for important information about using these checks. KIMBERLY M DARHOWER 170 E LOUTHER ST CARLISLE, PA 17013-3027 Pay to the order Date Use by o6/ot/2o07 12202 68-7270/256o 08956 ?,[ Q W tt u $ tn Q Dollars One, Richmond, VA Memo Cardholder Signature on 12 20 211n 1: 2 S 60 7 2 70 LI: 7 5 1000 & 7 2 5 6 701" Z a 200140 12203 KIMBERLY M DARHOWER Date 68-7270/256o 170 E LOUTHER ST 08956 Y CARLISLE, PA 17013-3027 Use by o6/oi/2oo7 W Z u Pay to the order ofy n t n W $ Q Dollars Z Cap"al0m, CL Richmond, VA Cardholder Memo Signature 11'1220311' 1:2S6072?0&1:7Si000i7256700 ,i 0 a a M M M O O O O O < a z O y M n n 0 Z M I 0 0 M-4 S < f ut oa m T m = o- m T > m Z C nl Z n 9 r L° Z Z 2 ? m C r 2 = C r, mC *m Purchase Checks: (i) Will be treated as purchases according to the terms and amendments of your Customer Agreement. (z) May not qualify for reward programs. (3) Are subject to your credit availability on the day Capital One processes your rheck. Please be sure the total of your checks, transactions and fees does not exceed your available credit line. (q) May not be processed or may be processed at a higher default rate if your account is not current (i.e. restricted, past due or in collections) at the time a check is processed. (5) Will be returned unpaid and you may be assessed a Returned Check Fee if the credit is unavailable or your account is not current as stated. (6) Cannot be used to paydown or poyoJfonyCapitol One account (7) Cannot be used by authorized users. And authorized users cannot request transfers. (8) Qualify as using your account. (g) Cannot be cashed at a Capital One branch unless you have a deposit account with Capital One, N.A., which has sufficient funds to cover the amount of the check(s) in the event the check(s)is(are)returned unpaid. All other terms and conditions for your account remain in full force and effect. t9 2007 Capital One services, Inc. Capital One is a federally registered service mark. All rights reserved. 0 D a m a m m O a 0 O O O m z O N m c? 0 0 0 X 0 z -- m o My 0 n!- 0 0 N m s 2 3 y 0 n y r N Z O CA 0 1 m 1 r m C 4 O Z S r5 0 M C 0 M0 mz N 9 O m? o?-? O m 9 Z ' Z G Dv Z O n 71 D `p F . 2n 2 N m C r 2 ? 2 Vr N m m Z 0 --- N 2 ]t m m z O O M W M x a M * m 500016 mv)pSST - Capital One' does credit cards-and then some! Need a car? A savings account? A loan? Braces or glasses? Capital one can handle it all. Hassle free! Visit capitalone.com for a complete list of services. CaprtaiQne I what's in your wallet?' FINANCE Previous Balance Payments 6 Credits CHARGE Transactions New Balance Minimum Payment Due Date $3,096.22 - $100.00 + $15.26 + $58.81 = $3,070.29 $92.00 May. 19, 2007 Mar. 20, 2007 - Apr. 19, 2007 Page 1 of 1 . c JIM PAY AT (FAST INS AMOUNT Your participation in Capital One Credit Steps has ended. Because you did not successfully complete the MasterCard Platinum Account required steps for this program, we are unable to increase your credit line at this time. You may be eligible for a 5178-0572-6168-1832 credit line increase in the future. We encourage you to continue to build strong credit by making your payments on time and by not exceeding your credit limit. (Credit Steps is a service mark of Capital One.) Your Account Information 00 TOTAL CREDIT LINE $3,000. payments Credits & Adjustments 00 TOTAL AVAILABLE CREDIT $0. 00- 1 16 APR PAYMENT $100 CREDIT LINE FOR CASH $3,000.00 . AVAILABLE CREDIT FOR CASH $0.00 Transactions 2 19 APR PAYMENT PROTECTION 1-888-527-6904 $29.81 Finance Charges (Please see reverse for important information) 3 19 APR OVERLIMIT FEE APR 19, 2007 $29.00 Balance rate Periodic Corresponding FINANCE applied to rate APR CHARGE Purchases $0.00 0.00000% 0.00% $0.00 Cash $1,062.95 0.04630% 16.90% $15.26 ANNUAL PERCENTAGE RATE applied this period: 16.90Y. At Your service 1.800-003.3637 ® To call Customer Relations or to report a lost or stolen card: ® send payments to: Capital One Bank - P.O. Box 70884 - Charlotte, NC 28272-0884 A Send inquiries to: Capital One • P.O. Box 30285 - Saa Lake City, UT 84130-0285 6056 506 1 7 19 070419 PAGE 1 of 2 01BC6056 PLEASE RETURN PORTION BELOW WITH PAYMENT C,.?.?y 0 5178057261681832 19 3070290100000092004 ?•°'.?" what's in your wallet]. Account Number: 5178-0572-6168-1832 New Balance Minimum Payment Due Date C$3,070.29 $92.00 May. 19, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed . Capital One Bank P.O. Box 70664 I llr r ltrr llrrllllrl rtl Charlotte, NC 26272-0664 IJill llpill rlrllnrlulrlllnrlultlnlnlullIloilo llnril Please print address or phone number changes below using blue or black ink. Home Phone Aftemate Phone E-mail address #9011084989152469# MAIL ID NUMBER KIMBERLY M DARHOYEit 170 E LOUTH R ST CARLISLE, PA 17013-3027 Inrlllnrlliuurrllullurllrllr,utltllrnllnrlllurlrlnl Please write your account number on your check or money order made payable to Capital One Bank and mail with this coupon in the enclosed envelope. A quick glance at what capital one can do for you. Car Loans Buy a new or used car or refinance the one you already have. You could save on interest. Banking Free online Savings accounts with one of the best money market rates in the nation. Personal Loans Consolidate your bills, buy what you need or have extra cash on hand. Healthcare Finance Whether its braces or laser eye surgery, we can bring medical costs into focus! Visit capitalone.com to learn more! Capital One Bank, Capital One, F.S.B., Members FDIC. 1. Hoar to Aveld a Finance Charge. your average doily balance by the daily pare dic rala and by t a. Grace Period. You will have a minimum grace period of 25 Me number of days in the biting period. Due to rounding on a days wfih ud finance charge on new purchases. new, daily bask or due to mnknum finance charge assessment, balance trarerfen, new special purchases and new other there may be a variance between this calculation and the charges if you pay your total -New Bebrwe', In artaud of finance Marge acutely assessed. accordance with to Important Notice for payments below. 3. Annual Percentage Rates (APR). and In tkna fn it to be credited by your nerd statement a. The term -Annual Percentage Rate' may appear closing date. There is no green period on cash advances as'APW on the front of this statement. and special troefes. In addition, Men I. no gram period b. If the code P (OuaRMy Prime). L (Quarterly LIBOR), C any lnnsocllon g you do not pay the total 'New (ouartedy CD), or S (Berke." Prime) appears on the front balance.' of this stalemere next to the Periodic vale(s), the perkdic b. Accruing Finance Charge. Transactions which an not rates and ronrospondng ANNUAL PERCENTAGE RATES .object o e grace period tie ...seed finance Marge 1) may wry quarterly and may Inereaes a decease based on from the data of the transaction or 2) son he data the the slated Indices. as round in The Wall Street Journal, plus transaction is processed to your Account or 3) Inca the fast ow margin previously disclosed to you. These dhmi will calendar day of the current bRkg period. Additionally, a you be egectNe on he fist day of your billing Period covered by rid not pay the -N- Balance from the previous Ielfrg your parkdk statement ending In the months of January, period In hot, hnanca charges continue to accrue to your Apra, July and Octobac unpaid balance until the unpaid balmon is paid in his. This c If the ode D (Monthly Prinne). F (Monthly LIBOR), or G means that you may still owe finance charges, oven a you (Treasury LIBOR) appears on the front of your statement pay the ants. New Bud- Indicated on he front of your man to the periodic rate(s), the periodic notes aM sbbment by the naa statem at closing data. but did not do cdnapording ANNUAL PERCENTAGE RATES may vary so for the previous month. Weald maim charges are added monthly and may increase or decrease based on the stated to tha appimbls segment of your Account. Indices, es found In The Wag Street Journal, Pus Me } e. Minkraan Rwnc , Clurgs. For each bihg period died you margin prevousy dledoeed to you. These charges will be amount is subject to a franca chop. a miNmwn total eRscllve on the first day of your bNfrg period each month. FINANCE CHARGE" 30.58 will be Imposed. 4. Asses-eed of Laos, Overlfrnll and Resumed Payrnent t d. Temporary Red uction In Fin.ca Charge. We reserve the Fea. Under the Isms of your custome groomers, we night to not asses any or ail finance charges for any ghmn mom ft right i se s my fares l" or not to M boiling period. u to s the to you Prior -2.- AwrageDagy Balance-(Ycluding lbw P.urdessol.- _ - samemsingarJoes etalaterAme. Finance charge is celoseted by multiplying the dally balance t 5. Rwwaeng Yrer Account B a mambersNp fa appears of each segnent of your account (e.g., cash advarra, on the from of your statemenit, you haw 30 days from the puMess, special tralfdar, and special Purchase) by the deb this susernere was mailed to you to awed paying he corresponding dry periodic ralNs) that has been to or to taw such fee credited to you a you cancel your previously disclosed to you. At the and of each day during account wihwal twving to pay the membership fa. To the biting period, we apply the dolly periodic rate for each cancel your amount, you must notly us by call kg our segmem of your account to the daily balance of each Customer Relations Department and pay your Now septum. Than at the and of the blip period. wit add up Me Balenca' In ful (excluding the membership fee) prior to roues of tiwse daily calculations to anNe at your periodic the and of the ftrh,4 y period. Maur charge for each segment We add up the results from B. B You CION Your Account. You can request to dose your each segrem to amve at the tout pwkdk fienm charge for accounl by calling our Customer Relations; Department You your acwue. To gal the daly balance fa each asgnhemd mud destroy your credit card(s) ad account seem cads, your .mnt. we take the beginwig balance for each cancel all preauMOrized billing and aces using your account segment and add any new transactions and any parade After your request to close. It you continue to behead a do snare charge calcWetod on the prwlaus dars balance for no cancel psaufteblid billing anangernens, ww will that soon nt- We then a lamet shy peynhom or Beds tacker recelpl of a charge your authorization to keep your posted as of that day that are allocated in that segment. The arxoum open. Additionally. your account will not be dosed give os the seper.te daily balance for each seQhham of your until you pay all amounts you ows a Including: any sectors. However. If you Pad the New Balance Hewn on transactions you how authorized, finance charges, past due your previo s statement In fus (a N your new balance was fees, overlme lees, returned payment I-, cash advance mro a. credit amount). new son ..tions, which post to tea and any aff-h- assessed to your.ccoum. Y- are you purdass or special purchase segments n not added responsible, for these .nouns waheher hey appeor on your to the dairy avncs. We w Witte the avenge deny socounf at the aces you request to close the account or say balance by ad" at the dally aianres signal- and an incurred subsequent to your request to dose the ac arm dividing the sum by the number of the days In the current This may routi In charges appearing on your account after you billing cycle. To calculate your total finance carpe, multiply haw requested ass account to be dosed. 7. Using Your Account. Your card or account cannot be used in connection with any Internet gambling bersacaons. S. Notice About Electronic Check Ccnvenlon. When you proufde a check as poym-L you authorize us either to use information from yow dwk b make a one-lime electronic fund transfer from your bank account W to Prows the payment as a check transaction. When we use Information from your deck to make an electronic fund emmilar, funds may be withdrawn from your bank account as soon as the same day we recalve your Paymere, and you will not moshm your check bade from your financial institution. BILLING RIGHTS SUMMARY (In Case of Errors a Ouesdore about Your Be) If you think your bill is smog, or If you need more Inhxmatlon on a transaction or bill, write to m on a saponta most as soon as possible at to address for inquiries shown on the front of this sbbment. We most hear horn you no Iffier mfr 60 days after we sent you the Ent bill on which the .nor or problem appeared. You can call our Customer Reladons mernber, but doing so will not preserve your right.. In your letter giwe us tie following Inlomatlon: your name and account number. the dollar amount of the suspected am. a description of the error and an explanation, 0 posslbk, of wiry you bsllwe them is an .nor, or N you reed .ore information, . description of the it.. you en unsure about. You do not how to Pay any amount in question while are an nvestigafing e, but you are Oil obligated to pay the pars of your bill that an not in question. While we in-Ogate your question, we c nmA report you as delinquent or take any action to paced the emaad you question. t, t Special Rule for Credit Card Purchases If you h-pabiemwlth-frarnm8lyof ixopenyrora-$.& that you purchased with a credit card and you haws tried in good faith to comsel the problem with the merchant, you may hew the right not to pay tie r.ndning amount dm on the properly or mrvkes. You haw thb protection only when the purdwee Price was mors than $50.06 end the purchase was made in your have state or within 100 mil. of your mailing address (If we own a openle the m.chaM or it we mailed you the adwnbament for the property or seMCes, ail purchases are cowered regardless of amount or location of purchase.) Please remember to sign all cenespundence. t Does riot apply to Consumer nor-da card -19. t Does not aptly to business nonaede card secounla Capitol One supports infomaticn privacy protection: see our websee at Im?apJh ,?. Capital One Is a federally registered seMce mark o (Capital One Financial Cohponaon. M rights reserved. O 2006 Capiol One Ot BC6056 -6 - 12121A6 kportnl Notice. Paynaw you mail k us we be credited to your exact a of the busma day as reach It Phased (1) you surd tla belfam potion of the Wrrae rd your dad in ft eidwed harasses envelope ad(2)yourpey-fikecenedhourpmomb mnr try 3 pm ET (12 roan PT). Plasse albs at Nee Me (5) bualosa days for pwraldaAary. Permits rewsed by oat ay otter bwesn a in ayairfammgcatbeaedkd.dthedsyweawedasm Owbhalwadaystie Mondryhw *Sa.day,exdudaghildaye. Pk.e do M we sspM, prlsrdVe. et.. wen prepalhil year paynaal. KIMBERLY M DARHOWER 170 E LOUTHER ST CARLISLE, PA 17013-3027 Date Use by June 24, 2007 200140 12235 68.7270/2560 09187 a[ V W Poy to the order of o w 5 Z v W Dollars v Ca/i/alow, j Richmond, VA CL Memo Cardholder Signature 11.12235110 1:2560727011:7 5 1000 1 7 2 5 6 7011' 6056 506 1 7 19070419 PAGE 2 of 2 01BC6056 Easy. Convenient. No Transaction Fee. You deserve hassle-free financial tools. So to make it as easy as possible for you to access your account, we're pleased to offer you these no-transaction-fee Purchase Checks.* You can use them wherever personal checks are accepted to: Prepare get cash ...for your home Control consolidate bills Don't Wait! Your Capital One Purchase Checks Get Going tackle home projects should be used by June 24, 2007 Even better, these checks have the same rate you enjoy for purchases made with your card. So use them today. Just be sure the total of your checks, other transactions and fees doesn't exceed your credit line. * See back of letter for important information about using these checks. 1223 KIMBERLY M DARHOWER 170 E LOUTHER ST Date 68.7270/2560 CARLISLE, PA 17013-3027 09187 V Use by June zq, 2007 W Z U Pay to the order 0V O 1 D $ Q Ln Q Z Dollars C Z) CapifaiQW CL Richmond, VA Cardholder Memo Signature I'm12236n' 1: 2S607 2 70 11:751000i725670g' 200140 12237 KIMBERLY M DARHOWER Date 68-7270/256a 170 E LOUTHER ST 09187 yi CARLISLE, PA 17013-3027 Use by June 24, 2007 V w Z Pay to the order of o l n W $ O Q Z Dollars Capi"Die' CL. Richmond, VA Cardholder Memo Signature ,'1223711' 1:256072700:7 5 1000 17 2 56 700 0 M O m m Z O M > > < f r My m m S O' 71 N m ? D 2 V D 9 Z 0 y O O D b Om Z O O 2 O ~ 0 m 1 O Z O p y Z S ? c w m N m r O i m Purchase Checks: (i) Will be treated as purchases according to the terms and amendments of your Customer Agreement. (z) May not qualify for reward programs. (3) Are subject to your credit availability on the day Capital One processes your check. Please be sure the total of your checks, transactions and fees does not exceed your available credit line. (y) May not be processed or may be processed at a higher default rate if your account is not current (i.e. restricted, past due or in collections) at the time a check is processed. (5) Will be returned unpaid and you may be assessed a Returned Check Fee if the credit is unavailable oryour account is not current as stated. (6) Cannotbe used to paydown orpay offany Capital One account (7) Cannot be used by authorized users. And authorized users cannot request transfers. (8) Qualify as using your account. (9) Cannot be cashed at a Capital One branch unless you have a deposit account with Capital One, N.A., which has sufficient funds to cover the amount of the check(s) in the event the check(s) is(are) returned unpaid. All other terms and conditions for your account remain in full force and effect. 01007 Capital One Services, Inc. Capital One is a tederaly registered senate mark. All rights reserved. ?i m 0 D 9 m m m m n O O O O m Z O N M c? O n 0 X O 2 - m o- p y Om mD yZ "a Z 0 n Z r ? Z O N Z y m Im C r O q Z S fA CO mE: ?m 0 :0 o M m = M O -4 <E M x D y O m a 0 m D ze D v Z O () p T Z O 2 ? m 1 m ?o oe Z y ? mC *m 500008 C_aJ 1 ft1CW what's in your wallet?' it could happen to anyone. Make sure you pay the amount KIMBERLY M DARHOWER due on your statement as soon as possible. Keeping your credit in good standing can WHOOPS' do a lot more than you think. GOOD CREDIT = GOOD CREDIT REFERENCES You're behind! BETTER INTEREST RATES (good credit could mean lower interest rates) • • IMPROVED CHANCES TO GET APPROVED FOR LOANS (when you want to buy a home or new car) m 2006 Capital One Services, Inc. Capital One is a federally registered service mark. ALI rights reserved 500008-08503 FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date $3,070.29 - $0.00 + ,$14.83 + $94.88 = $3,180.00 $187.00 Jun. 19, 2007 2007 - May. 19, 2007 Page 1 of 1 Apr. 20 , PLEASE PAY AT LEAST naS AWAMT Your account is one payment behind. Remember that making your minimum payments by the due date keeps latinum Account MasterCard Master and Platin your account in good standing. Further missed payments may be reported to the national credit bureaus. So ? make sure you send in the minimum amount due to keep your account in good standing. Your Account Information TOTAL CREDIT LINE $3,000.00 Payments Credits & Adlustments TOTAL AVAILABLE CREDIT $0.00 Transactions CREDIT LINE FOR CASH $3,000.00 AVAILABLE CREDIT FOR CASH $0.00 1 19 MAY PAST DUE FEE $35.00 2 19 MAY PAYMENT PROTECTION 1-888-527-6904 $30.88 3 19 MAY OVERLIMIT FEE MAY 19, 2007 $29.00 Finance Charges (Please see reverse for important information) Balance rate Per t A PR Corresponding FINANCE CHARGE You were assessed a past due fee because your minimum payment was not received by the due date. To avoid o pplied to rate a this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Purchases $0.00 0.00000% 0.00% $O.oo Capital One. Cash $1,067.91 0.04630% 16.90% $14.63 ANNUAL PERCENTAGE RATE applied this period: 16.90% At Your Service 1400-903.3637 To call Customer Relations or to report a lost a stden card: ® Send payments to: Capital One Bank • P.O. Box 70084 - Charlotte, NC 28272-0864 A Send inquiries to: Capkal One -P.O. Box 30285 • Salt Lake City, UT 84130-0285 6056 506 1 7 19 070519 PAGE 1 of 1 OIBC6056 PLEASE RETURN PORTION BELOW WITH PAYMENT 0 5178057261681832 19 3180000100000187000 CiapitalQng• what's in your wallet?' Account Number: 5178-0572-6168-1832 New Balance Minimum Payment Due Date C$3,180.00 $187.00 Jun. 19, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed Please print address or phone number changes below using blue or black ink. Address Home Phone Alternate Phone E-mail address @ #9014084989152466# MAIL ID NUMBER KIMBERLY M DARHOYER 170 E LOUTHER ST CARLISLE, PA 17013-3027 Capital One Bank P•0. Box 70884 Ir?rrlrrrlllrnlllErr) Charlotte, NC 28272-0604 111 11111111111rllnrlte111111,rlr,I11O111111l1plr,1nllgo III urlllnr?l?uun??rsllmllrllunrlnllurl?nn?llnrlrlu Please write your account number on your check or money order made payable to Capital One Bank and mail with this coupon in the enclosed envelope. 1. How to Avoid a Finance Charge. T e. Grace Period. You will haw a minimum grace period of 25 days without finance charge on new pwchaees, new balance asndene, maw Special purchases and new other charges N you pay your IoW 'New Balance, in accordance with the Importers Notice for poremis below, and in lime for N o be credited by your red deterrent dosing data. There ta no grace period on cash advances ant spedsf ImMen. In addition. them k no grace period on any transaction if you do not pay the total "New balance' b Accruing Fiance Charge. Transactions which are not yub(erJ to a grace period are assessed finance charge 1) from the data old. trsroadi- or 2) from the dale the transaction is processed to you Account or 3) from the frst ubnder day of the current bWng period. Addli-ft If you did not pay the "New Be[.-* from she porous biting period in fur, fuunce surges continua to anus to your unpaid belrra will gas unpaid behancs's paid in full. This mans that you may still owe hence charges, even tl you pay the antic New Rat- kdkamd on the furs of you statemaM by the mcd staWrun closing date, bud did not do so Ice the previous moni t Wupaid finance charges Madded to the applicable sog n ore of your A=aunl. T c. Minimum Fiance Charge. For each biting period that your avaus k auh)ed to a lbarce charge, a rrinnMm tdah FINANCE CHARGE or 50.50 vAg be Imposed. ; d. Temporary Reduction in Finance Charge. We reserve the right to not aasess any or ail finance charges loamy ghen biting period. 2. Avsrags Deft Balsrhcs Wicluolloto New Purchases). Finance chortle is calculated by mdlipyirg the dW)afacw of each segment of your account (e.g., cash advance, purchase. Special arrfrr, and Special purchase) by the corresponding daily pnricdle rem(s) Mot has been previously disclosed to you. At the and of each day during gas bMrg Period, we apply the dolly periodic raft for each segment of your amount to tlo daily balance of each segmera. Then at ths and of the billing period. we add up the metals of terse daily calculation to arrive at your periodic fiance charge for each mgmt vw add w to moults from each sawro d to ants at the toW periodic nuance dww for your amount. To get the daly balance for each segment of your erccun4 we take the betlfonng balance for each Sweet scot aria cry new aensedtons and stry periodic finance charge calculated on the previous days balance for that swmao. M then whaad any payments or credits posted as of tat day that am allocated to teal Sgment. This gives us the Separate daily balers for each Segment of your amount- Howewr. N you paid the New Balance shown On your pevioas sfesement In full (r If your new balance was zero or a cm& amuurd), new kamac6os. which pmt o your phrchso or special purchase segments ere not added to the dairy balances. We calcr/ate the average daily balance by adding all the daily Wlaress logetw and dMdrg to sum by the member of the days n the cunsm billing ryas To calculate your total finance charge, multiply your average daily balance by the daily periodic rate and by the number of days in the bgip period. Due to rounding on ¦ dally bask or due to mnknam finance charge assessment. them may be a variance between his rakuletlon and the amount of finance charge actually assessed. 3. Annual Psrcaetapa Rates (APR). a. The term 'Annual Percentage Rate' may appear as 'APR' on the from of this statement b. t the code P (Ouadedy Prhne). L (Ousrterly LIBOR), C (Quarterly CD). or S (amkcwd Prime) appears on the frond of this statement ned to ft periodic rate(s). the Periodic rates and conespondhng ANNUAL PERCENTAGE RATES my wry quarterly and may Increase or decrease based on the staled indices. as food in The Wall Street Journal. Plus the margin previously disclosed to you. These dwges will be efiecdw on fro fist day of your billing period crewed by your periodic Statement endl g In the month of January, April, July and October. c Of the code D (Mmtny Prime), F (Monthly LIBOR), or G (Treasury LIBOR) appears on tlv from of your s1OW-11 rod to the periodic rob(s), tls periodic miles and corresponding ANNUAL PERCENTAGE RATES may vary monthly and may increase or dmaese based on the stated Indoas, as found In The Wall Street Journal, pts V. margin previously disclosed to you. These charges will be eRecOm on the first coy of your billing period each month. 4. Assas MM& of Lana, OrarNmit and Returned Payment Fur. Under the terns of your c Bomar agresmem, we makerne coo right to "I" or not to "Son any fee without priornotficildw oyou withalwaNkg ourrpht to assass the some or sin parfees at* later tine. -} . Rerb?w ip Vaar a nerr -- es_ on the front of your stabmeM, you hew 30 days from the dace the statement was mated to you No owid Paying ft fee or to hove Mich lee cnmftd to you N you cancel your account without having to pay the membership fes. To cancel your ammad, you must ro0y us by calling our Cwlomr Robot- Departoen and pay your Now Balance In Mp (secluding the membership lies) prior to the and of hie thity-day, period. 6. N You Close Your Ataounl You can request to dose your account by calling our Cuolomar Relations DeprlmsM. You mud destroy your credit ad(s) and account access dodo. rascal all presethori-d! bgpng and coma using your amount vier your request to doer. if you continue to tram"N"' or do not canal proeuthorbsd bi" arrangements, we wW consider recalls ota doge your auaarbaYm to keep you account open. Addifionay. your swum will not be dosed until you pay all amounk you owe us including, any tranaeWre you have authorized, finance charges, past due feet. m erlir it fees. returned payment less, cash ad-nre too and any other bss assessed to your amount. You are responsible for them amoune wfsthr they pp- on your soccurd at one I- you mqumf o dose ft. swum or they am incurred subsequent o your request to dose to account. This may rout In darpas appeerkg on your account ear you hew requested the accoonl to be dosed. 7. Using Your Account. Your card or account cannot be used in connection with any Internal ganlblirp transactions 8. Notice About Elscbonlc Cheek Conversion. When you provide a check m payment, you authorize w ether to use information from your olwck to make a one-time electronic fund barrier from your bank account or to process the payment as a check transaction. When we use hdormden from your check to make an electronic fund transfer, funds may be wit drawrh from your bank scoxmt as soon as the same day we racehe your payment, and you wo not racalve your check back from your financial Instilution. BILLING RIGHTS SUMMARY (In Case of Enom or Questions about Your Big) I you drink your hill In wrong, or t you need more Infamadon on a transaction or W. write to us on s separate sheet as soon as possible at the address for inquiries shown on the front of this Statement. Wa must hear from you no taer than 60 days 81W we sent you the that big on which to error or problem appeared. You can call our Cusomer Relations number, bas doing eo will not preserve your rights. In your letter, giw us to following Inform flow: your name and account number, to dollar amount of the suspected error a description of the enor and an espanaeon, N possible, of wiry you bell- then Is on error; or N you need more Womation, ¦ description al the item you am unsure about You do not haw to pay any amount in question while we am nvesditaft N, but you am slN obligdad to pay the parts nt you bill that are not o qu..Son. While we Imesdgau you kuresoor, we and report you So delinquent or take tiny adion to rated the amount you question. you purchased with a credit card and you hew tried in good IsM to correct the problem with the rterchaM, you may haw the right not to pay to remaining amount due on the property or services. You haw this protection only when the Purchase price was more ten $50.00 and the purchase was made in your hare state or within 100 mules of your milking address. (It we own or opemle the merchant, or it ws naaed you the atwertro ment or the property r services, at purchases are cowered regardless of anlrnt or location of purchase.) Please remember to sign all correspondence. i Does roc apply o consumer non-credt card accounts Does not a*y to business --fit card accouds Capital One supports information privacy protection: sae our webslft at Imo. Capital One Is a federally regerared service mark of Capita One RnancW Corporation. AN rights reserved. O 2006 Capital One 01 BCW56 - 6 - 12r2lM lepertani Nuke: Payments you map to u NO be crtled b your szant as of too Warms dry m reahe 1, provided (1) you MW ft bosom portion of ft etaenarrt andyns dodo se sed led remRseoanekpsand! (2) your P.M" is recaked her Drcandhg caner by 3 pr. ET (12 roe Pr). Plus eilce al cal fie (5) bushes dryst postal dWhary. Paymars noeiW by u at any other ocean or b any W. bum mry not be titled a of tlo day as -W trs Ocr budess days am V." t roo Sasodry. adding Ihntd ". Place do not use etapia, paper dips, W. whah prsprig your payment. what's in your wallet? LET'S TALK - WE'RE HERE TO HELP 500009 Sometimes unexpected expenses keep you from making your credit card payments. We understand. At Capital One" we're here to help you keep your credit on track. Give us a call. Here are 3 easy ways to make a payment: • Give one of our associates a call at 1.800.955.7070. • Mail us the amount due on your statement. • If you have Internet access, you can make a payment securely online by logging on to wwwcapitalone.com. m 2006 Capital One Services, Inc. Capital Ow it a federally registmd service mark. AU righu reserved FINANCE Previous Balance Payments & Credits CHARGE $3,180.00 - $0.00 + $18.58 May. 20, 2007 - Jun. 25, 2007 Page 1 of 1 MasterCard Platinum Account 5178-0572.6168-1832 Your Account Information TOTAL CREDIT LINE $3,000.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $3,000.00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please see reverse for important information) Balance rate Periodic Corresponding FINANCE applied to rate APR CHARGE Purchases 50.00 0.00000% 0.00% $0.00 Cash $1,064.60 0.04630% 16.90% $18.58 ® At Your Service 1-000.903.3637 io car C,ustomar Rdations or to reporta lW u stolen card: ® Send payments to: Capital One Banc • P.O. Box 711884 • Charlotte, NC 28272-0884 A Send inquiries to: Capital One - P.O. Box 30285 • Sall Lake Cry, UT 84130-0285 Transactions New Balance Minimum Payment Due Date ?+ $67.01 = $3,265.59 $284.00 Jul. 20, 2007 PLEASE PAY AT LEAST THS AMOUNT You're behind by two payments. Let's talk. If you're having financial difficulties and can't make your minimum payment - we want to help. Let's work together to find a solution that works best for you. Give us a call at 1.800.955.7070. IMPORTANT INFORMATION ABOUT YOUR GRACE PERIOD: If you pay your balance in full every month by your due date, you will enjoy an interest-free grace period of 25 days on new purchases. Paying by your due date also helps you avoid late fees. Please see the back of your statement for more details and thank you for your business. Payments Credits & Adjustments Transactions 1 19 JUN PAST DUE FEE $35.00 2 25 JUN PAYMENT PROTECTION 1-888-527-6904 $32.01 the terms of your Payment Protection agreement. If you have experienced an eligible loss event, please call Stonebridge Benefit Services at IIMS-527.6904 to see it your situation qualifies for benefits. Your account is 60 days past due and your coverage will be suspended if A reaches 90 days past due, as stated in your Payment Protection agreement. You were assessed a past due fee because your minimum payment was not received by the due date. To avoid this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Capital One. 6056 506 1 7 25 070625 PAGE 1 of 1 OlDM6056 PLEASE RETURN PORTION BELOW WITH PAYMENT 0 5178057261681832 25 3265590100000284000 ?` what's in your wallet?* Account Number: 5178-0572-6168-1832 New Balance Minimum Payment Due Date Please print address or phone number changes below using blue or black ink. C$3,265.59 $284.00 JUL. 20, 2007 Address PLEASE PAY AT LEAST Home Phone Ahemate Phone THIS AMOUNT E-mail address Q Amount Enclosed #9017784989152468# MAIL ID NUMBER KIMBERLY M DARHOYER 170 E LOUTHER ST Capital One Bank Irlrrlrrlrlllrrrrrrlll CARLISLE, PA 17013-3027 P.O. Box 70864 I II 1111 err 111 nrl1Tllull ofI r ll 1.111611 arll urll 11111 r l nl Charlotte, NC 28272-0884 1 11111 11111111111111111511111111111111111 oil Please write your account number on your check or money order made payable to Capital One Bank and mail with this coupon in the enclosed envelope. KIMBERLY M DARHOWER 1. Now to Avoid a Finance Charlie. t e. Gram Period. You will have a minimum grace period of 25 days without finance charge w new pumhases. new balance kansam, new spacial purchases and new other charges If you pay your total'New Balance. In accordance with the Important Notice for payments below, aand in time for it to be credited by your payment due date. There is no grace period on cash advances and special transient. In addition, there is no grace period on any transaction M you do not pay the total 'Now basence.e b. Aecndng Flnanm Charge. Transactions which are not subject to a gram period are assessed finance charge 1) from the data of the 4aceantork or2) from the data the transaction is promssW to your Account or 3) Irwin the first calendar day of the -am bikg prod. Atldtladly. V you did not pay the -Naw Balance' from dis previous bier period in full, finance danger continue to accrue to your unpaid balance until the unpaid betatron is paid in rug. This means that you may sou owe fiance charges. even l you pay the emirs, New Balms indicated on the bore of your statement by the payment due data, but rid not do so for the previous month. Unpaid manse charges are added to the aPpkable segment of your Acciptuit. t c. Mininsen Fkanm Change. For each Wing period that your acrare Is subject to a lance charge, a minimum total FINANCE OWtGE of 50.50 will be inpomd. t d. Temporary Reduction In Finance Charge. We reserve the right to not amess arty or all finance charges or any given dling period. 2. AYaregtDaty_@apm4Ll #14gilaw Purchases L Finn Charge is CeIrAwled by mugiply"i g the deity balance of each segment of your account (e.g., cash advenm, purdme, special transfer. and special p actelse) by the corresponding daily periodic metals) that has been previously disclosed to you. At the and of each day dung the bung period, we apply the daily periodic rote for each segment of your a rd to the dally beiance of barb segment. Than at da and of the b1Yg period, we add up Ow results of them, daily calculations to arrive at your periodic firma charge for each segment. We add up the results from each momern to ardor at the total perlodk fir- dirge for your-111. To Not the daily balance or each e"mant of yon.-A.weneketoboge- beanoreach eagmml and atld any new trarheadaa and any periodic nnsore charge calculated on the Previous days balance for duo segment Ws than subbed any payments or credits posted n of that day that am slocated to tM segment. This gives us the separate daily b.Whm for each segment of your account. however, IN you paid M New Bean sown on your previous statement In full (or if your new balance wes, ao or a credit anourd), new trenactlma. Which pmt to your purchase or apedal purchase segments ere not added to the daily balances. We calculate ill average day baan by adder all its dewy balances together and dividing the aunt by the number ( the days n the rumen biting cycle. To calculate you Intel fknence carpe, multiply your average deity balance by the daily periodic rate and by the number of days In to billing period. Due b rounding on a dally bask or due to mnknum finance change assessment, them may be a variance between this ulculallm and the amount of finance charge sdwlly assessed. 3. Annual Percentage Rates (APR). a. The farm 'Annual Percentage Rate' may appear as 'APR' on the front of this statement b. # the code P (Quarterly Prime). L (Quarterly LIBOR), C (Quarterly CD). or S (Bar kcard Prime) appears on the front of this statement neat to the periodic rate(s). the periodic rates and corresponding ANNUAL PERCENTAGE RATES may wry quarterly end may noeew or decease based on the stated indices, as Fend in The Wall Simi Journal. plus the margin previously discoed 1. you. These dirges cod be efrecrha on the ast day of your bing period cowed by your periodic statement ands g in the months of January, April, July and O wber. n If the code D (Monthly Prime), F (Monthly LIBOR), or G (Treasury LIBOR) appears on the frond of your statement rod in the periodic rate(s). the periodic roles and corresponding ANNUAL PERCENTAGE RATES may vary monthly and may increase or decease based on the slated Indices, m found in The Wall Street Journal, pile the margin previously disclosed o you. Them ranges will be eRecave w the fiat day of your bikq period each month. 4. Amamm-1 of Late, Ovw imk and Returned Payment Feat. Under the I.- of your antomer egret 1, vro reserve hie right to went or not to mean any fees "hou prior notification oyouwithout waivi g our right to assess the con the front of your statement, you have 30 days from the data this stalemem was maned to you to avoid payer the fee or to hew such fee credited to you 0 you Cant your account we" having to pay the marnbership Not. To cancel you aooouro, you must notify us by calk our Customer Relations Department and pay your'New Balance In full (excluding the membership fee) prior to the end of the thinyday period. 8. H You Close Your Account. You can request to doss your account by Wtrhg our Customer Relations Department. You must destroy Your credit card(s) and account saws decks, cancel all pnesuNaized bung and con using your account After your regal to dose, d you kondreas to owned or do not cants presulhodzeE bWhg arrangements, wen will consider mcW of a charge you autodaalrm o keep your secourd open. Additionally, your sceourn 71 not be dosed unli you pay all accounts you awe us inddnr: any transactions you lave authorized. fiance charges, past doe few, oaerlark lam, returned payment sea, cash advan fees and any other few sammad o your scmum. You sm responsible for them.-ft Wader ray appea on your aooount at the ruts you request to dose the amount or they are ncrlrted subasquem c your request in close the account. This may result in charges apperr" co your account after you hew requested the ee 1 to be d.-d. 7. Using Your Account. Your card or accoum cannot be used in connection with any Internet gambling transactions. 6. Notice About Electronic Cheek Con-I.n. When you proeide a dad as payment, you authorize us either to use Information from your check to make a one-fime electronic fund trarofer from your bank soxaunt or to process the payment as a crook transaction. When we, use information from your check to make an electronic hod transfer, funds may be withdrawn from your bank account as aeon as the same day we receha your payment, and you will not -.N. your check back from your financial instlud... SICCING RIGHTS SUMMARY (In Cam of Errors or Questions about Your Bill) N you Kink your big Is wrong, or If you need more Information on a transaction or big, write to us w a separate shell se soon as possible at hie address for inquiries shown on the front of this statement We mud hear from you no later ten 60 days after we owl you foe first big on which hie amor or problem appeared. You can call our Customer Relations number, but doing so will not presave your rights. In your hiller, give us the following information: your name and account numbe, to dollar amount of the suspected error, a description of the error and an etplanadon, t posdble, of why you believe there Is an emit. or t you need nom nfomafion, a description (In. tern you are unsure about. You do not have to pay any amount in question while we ate Investigating t, but you are still obligated to pay the parts of your bill Nat am not In question. While we Invesligal. your question, we cannot report you as delinquent a take any action to collect Our amount you question. t, t Special Fide or Credit Card Purchases tyw-FV Ve a-prodenrh-witlrihe quegy ofpmpenyor-cervices-Nat you purchased with a credit card and you have tried in good faith to correct the problem with fine merchant, you may hew the right not to pay hie remaining annum due on the property or swvfcw. You haw this protection only when the purchase prim was more than S50.D0 and the purchase was made in your home sate or within 100 mean or your mailing address. (If we own a operate the merchant, a g we malted you the advanisement for the property or services, all purchases we covered regardless of amount a location of purchase.) Pimm remember to sign all comsapadence. t Doea not apply to consumer non?cmdg card w ohna t Dom not apply to busnew norocmd f card accounts Capital One supports inrc mention privacy protection: me our wlabalte at wifew fdlbh . Capital One Is a federally registered service mark of Capital One Financial Corporation. AN rights reserved. O 2006 Capital One TC-W 01 DM6056. 1. 04/10107 khporiad dtloc Paynwa you mal to as all be medic a you accost a of to burrs day as remise L raided (1) you sod 0a botem pokon of fs dente Land your dad 14 ft ardtad m Um envelops and (2) your Payment is heraived k oar psaang cater by3pm ET(12man Pf).PIMMsours MWOn(S)burI drys for porW delivery. Payments rasped by a s any oiler bedon or In any otter fom may no be paled as of tlo day es nabs dam Or budnets days are Mondry through Saturday, aduding hnlMya. Pll-dD rid-.WW, PrW dips, elk. vino paprkg yea psydmd. Capitalow, I what's in your wallet?* MAKE A PAYMENT. AND TAKE CONTROL OF YOUR CREDIT WITH CAPITAL ONE? 500010 Your account is temporarily unusable. The good news is, by paying the amount due on your statement, you can still bring your account into good standing. Let's work together to bring your account back to good standing. You can make a payment with our free check by phone service or speak to an associate by calling 1.800.955.6600. © 2006 Capital One Services, Inc. Capital One is a federally registered service mark. All rigbu reserved. 500010.08503 FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Data $3,265.59 - $0.00 + $15.30 + $67.82 $3,348.71 $384.00 Aug. 20, 2007 Jun. 26, 2007 - Jul. 25, 2007 Page 1 of 1 REAM PAY AT IFAST TWS AMOUNT Mas MasterCard Platinum Account Ma terCar Platin You're behind by three payments. That means you are temporarily unable to make new purchases or get cash s advances. But you can regain your Capital One charging privileges and bring your account back into good ' standing by paying the amount due on your statement. If you re having financial difficulties and youre feeling Your Account Information overwhelmed - we want to help. Give one of our associates a call at 1.800.955.6600. You'd be surprised what we can do together to work this out. TOTAL CREDIT LINE $3,000.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $3,000.00 Payments, Credits & Adjustments AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please see reverse for important information) l Transactions Balance rate Periodic Corresponding FINANCE 1 20 JUL PAST DUE FEE $35.00 applied to rate APR CHARGE 2 25 JUL PAYMENT PROTECTION 1-888-527-6904 $32.82 Purchases $2,178.42 0.00000% 0.00% $0.00 Cash $1,101.55 0.04630% 16.90% $15.30 ANNUAL PERCENTAGE RATE applied this period: 16.90% ® Send payments to: Capital One Bank -P.O. Box 70884 • Charlone, NC 28272-0684 0 At Your Service 1-MM3.3637 To call Custonrer Relatias or to report a lost or stolen card: A Send inquiries to: Capital One - P.O. Box 30265 - Salt Lake City, UT 84130-02B5 You were assessed a past due fee because your minimum payment was not received by the due date. To avoid this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Capital One. 6056 506 1 07 25 070725 PAGE 1 of 1 OIDM6056 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONE.COM TO MAKE YOUR PAYMENT ON LINE 0 5178057261681832 25 3348710100000384004 O11e' I what's in your wallet?* Account Number: 5178-0572-6168-1832 New Balance Minimum Payment Due Date Please print address or phone number changes below using blue or black ink. $3,348.71 $384.00 Aug. 20, 2007 Address PLEASE PAY AT LEAST THISAMOUNT Home Phone Alternate Phone E-mail address @ Amount Enclosed #9020784989152463# MAIL ID NUMBER KIMBERLY M PARHOdER 170 E LOUTHER ST Capital One Bank CARLISLE, PA 17013-3027 P.o. Box 70884 hlrtlr,lrlr,l601'll IrrrllLrrlllrrnullrsllruilrl6stnlrllrt,l6r,lllrrrlr6rl Charlotte, NC 28272-0884 6rhllrrlrrrLllrrrLrLIII, I'll rlr6rIllill rrLrlrrlLrrll Please write your account number on your check or money order made payable to Capital One Bank and mail with this coupon in the enclosed envelope. KIMBERLY M DARHOWER 1. How to Avoid a Finance Charge. t a. Grace Period. You will have a minimum gram period of 25 days wilhaut fimrloe charge on new purchases, new, balance transfers, new special purduses and new other charges l you lay your loW'Nm Bal-ce, In accordance with the Important Notice for payments below, and In tine for it to be credited by your payment due doe. Thews e - graoa period on cash adwnces and special transient In addition. there is no grace period on any transaction N you do not pay the IM "New balance,' b. Accruing Finance Charge. Tran-c los, ~ are not nb)ecp to a gram period are assessed finance charge 1) from the dale or Me transaction or 2) from the date the transaction is processed to your Account or 3) Iran tiw find calendar day of to mamas being period. Additionally, V you did not pay the "Jew 8aeame' from W. previous Wiling period in full, finance charges confine to sorts to your unpaid balance until th unpaid balance Is paid in full. This means that you may still owe fnere charges, even If you pay, the antie New Bean Indicated on the from of your statement by the payment tlw data, but did not do so for the previous month. Unpaid finance charges are added to the applicable segment of your Amount t c. ksnlnean Fiance Charge. For each bing period that your amrnt Is rbjec to a stance charge, a nerilmum total FINANCE CHARGE of $0.50 will be imposed. t d. T-twory Reduction In Fi- Charge. Yya rwmw the right t not assess any or all finance charges for any given billing period. of each segment of your account (e.g., cash advance, purdWW special transfer, and special padhaw) by the corresponding daily periodic tat(s) rile has been previously disclosed to you. At the and of each day during the billing period, we apply the, daily periodic rate for each segment of your aroerd to the daily balance of each segment Than ad tins and of to bang prod, we add hen the results of those dally calnllataw to amvs at your periodic finance charge for each sagnwrt We add up tad results from each segment to antue at the total periodic fine charge for your sooourd. To gad da dally balance for each segment of your etxouM, we talks the beginng balance for each segment as add ay new, lranseuTOna and my ponolc Mane charge calculated on the previous days balance lot thW soli nord. Vya awn subtled any payrroru or credits pasted r of tat day goal am slnceted to tat segmerd. This gives us the mporae daily balance or each segnas d your account. However, N you paid the New Balance shown on your previous statement in tut (r if your new, balance was zero or ¦ credit srmxml, now, traiactaa, which pool to your purchase or special purchase segments one not added to the daily balances. We calculate the average dairy balance by adding at the daily Guam together and dividing the sum by the number of the days In the wmsm bdgnp cycle. To calcrake your Ical f large, multiply your average day balance by the daily parodic rate and by the number of days in the toting period. Dw to rounding on a daily basis or due to minimum finance charge assessment, there may be a variance between this calculation and the amount of finance charge actually assessed. 3. Annual Preantage Rates (APR). a. The term "Annual Percentage Rat' may appear as 'APR' - the from of this statement b. If she rode P (OuerlMy PrlrmJ L (Quarterly LISORI. C (Quarterly CD), r S (B-1c and Prime) appears can tw front of tlrk statement road to to periotlk role(s). the periodic rata and tarespadrq ANNUAL PERCENTAGE RATES may wry Wrtrly and may n-- a decraaes based m the stated indices, as found in The Wall Street Journal, Pita tie margin previously disclosed b you. These ciksnges will be affective on its fia dory of your being period c ered by your periodic steamers ending In die menthe of Jernary, April, July and October. c. If the code D (Monthly Prone), F (Monthly LIBOR), or G (Treasury LIBOR) appears on the urn of your customers awn to the periodic rat(a), the periodic now and mnasprdig ANNUAL PERCENTAGE RATES may vary -thy and may mesa. or dechease Geed m the sated Indices, as ford In The Wall Street Journal, pica the margin previously disclosed to you. These charges will be efieotiw on the dint day of your being period each month. s. Assessment of Lae, OvrMSs rid Returned Payment Fees. Under the lama of yoir customer agreement, we reserve the right to wawa or not t..as any fees without prirnotficaton tyou wit outwaiving ourdglstassoss the same r simdarI-at a laI- im's t 5. Rernwing your Accowd. a me appears on the front of your stternerd, youhaw 30 days from the date fuss statement was mailed to you to avoid paying The to or to law such fat credited to you t you mrheM your account will having to pay to nrrnbrship fur. To cannel your aawq you must notify us by calling or Customer Relations Deparbnas and pay your %New Balan' In ful (excluding the membership fee) prior to to and or the thii sy perod. 6. It You Close Year Account. You can request a claw your account by calling our Cusdoma Relations Department You mule destroy your rent wand(s) and actors access chew, cancel at presusonzed being and oeasa using your account. After your request to elms, fi you confine to bamod or do not cancel prosuthorlaad bRng armngernens, we *4 mwrWderrecelp of a large your au hodstlm to keep your amount open. Additiraly, your account will not be dosed unit you pay all amount you ows us Including: my cranes ctons you have authorized. Menca dirges, past due fees. ovedimi lees, mounted payment lees, roan advance fees and any other loss waned to your account. You ors reaprabk lr these emunt whether they appear on your scooted at the pons you request to core the account or they am incurred subsequent t your request to dose tli account. This may rout In charges eppoui g on your account after you have requested the amount to be closed. 7. Using Your Account. Your card or account cannot be used in connection with any Internet gamblkp Uansaclions. S. Notice About Electronic Check Conversion. When you provide a check as payment. you authortm us either to use information from yaw check to make a ono-lime electronic fund tnnolr from your bank acmhnt or to process the payment as a check transaction. When we use Information from your check to make an electronk, hind transfer, funds may be wtht raven from your bank account as seen as the same day we receive your payment, and you will not receive your check back from your financial khstaWon. BILLING RIGHTS SUMMARY (In Casa of Errors or Question about Your BID) a you tannic your bit Is wrong, or N you need more Information on e transaction or big. writ to us on a separate ahead as soon as portable ad the address for inquiries shown an the from of this staerro et. We must her from you no later than 60 days altar we sent you the first lag on which the error or problem appeared. You can tall our Customer Relations number, but doing so will not presrw you right. In your letter, give us the following Information: your name and account number, the data anoint of the suspected error, a description of the eon and an explanation. If possible, of why you belt- there I. -error: or t You road more Information. a description or the it.. you are unsure aWuL You do rot have o pay any anourd I. question while we are Investigetng g, but you are still obligated to pry the parts of your bill sat am not In question. Walk we Investigate your question. we cannot report you as delinquent or take any action to collect the amour you quadkn. $. t Special Rule for Credit Cam Purchases 4ywlhav -goMernwisHOw-qualky,&-poperyocarAces-Nat. you purchased with a red's card and you hew triad in good faith to correct the problem with the mercwM, you may have the right not to pay sw remaining amount due on is property or services. You have this protection only when the purchase price were more than $50.00 and the purchase use made In your home slat or within 100 miles of your malting address. (If we own r opeale the merchant. a If wo mated you sat adveNSarnent for Me popery a services, all purchases re covered regardless of amount or location of purchase.) Please remember to sign all c-asitnndonce. t Does not apply to consumer noncredg card accounts t Does nr sA* lo business non-reap cad accounts Cepilal One support information privacy protection: we our wabste M wvrw cac titll? Capital One is a federally registered servlu mark of Capital One Financial Corporation. AN right reserved. O 20M Capital One 01 DM6056. 1 •04/10107 Important Nollm Papnaro you mad to us will be mdbd b your account a of ft business deywe shine 1. prided (1) you send the beam pantosc at stdomeal and yor dada n fite aslaed rarrldlO anaepe and (2) yourpitylrad b no lved n rat proves . r -M by 3 pm ET (12 roan PT). Plsor slow at leosl fire (5) busies day fr postal deMy. Paymae naiad by r at my otla location ar In ary clbar lam mry rid be charged as of N. day-terekw ft.. Qr burhete days am btondey 0-0 Saturday. sduding holidays. Peat do rM can stapes, paper dip, sit wiles pepsin your poimm d. Capitalow what's in your wallet? TAKE CONTROL OF YOUR CAPITAL ONEO 500011 ACCOUNT AND KEEP IT FROM BEING PERMANENTLY UNUSABLE. We're here to help. You can regain your charging privileges and bring your account back into good standing by paying the amount due on your statement. Let's work together to bring your account back to good standing. You can make a payment with our free check by phone service or speak to an associate by calling 1.800.955.6600. ® 2006 Capital One Services, Inc. Capital One is a fedentdy registe red service murk. All right, reserved 500011-08503 FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date $3,348.71 - $0.00 + $48.50 + $68.97 $3,466.18 $487.00 Sep. 19, 2007 Jul. 26, 2007 - Aug. 25, 2007 Page 1 of 1 . nFASE FAY AT UE M TIRS AMWW You're behind by far payments. You still rant make any new purchases or cash advances on your account. But MasterCard Platinum Account you can still regain your charging privileges and bring your account back into good standing by paying the 51711-0ST2 616&1832 amount due on your statement by the next due date. Unfortunately, it we don't receive a sufficient payment, we may have to permanently suspend your charging privileges. Need help? Give us a call at 1.800.955.6600. Well Your Account Information work together to see what your options are to rebuild your account status. TOTAL CREDIT LINE $3,000.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $3,000.00 Payments Credits & Adjustments AVAILABLE CREDIT FOR CASH $0.00 Transactions Flnanee Charges (Please see reverse fa tmpodant infom,ation) 1 20 AUG PAST DUE FEE $35.00 Balance rate Periodic Corresponding FII NCCEE 2 25 AUG PAYMENT PROTECTION 1-888-527.6904 $33.97 applied to rate APR CHAR Purchases $2,261.63 0.04630% 16.90% $32.46 Cash $1,11710 0.04630% 16.90% $16.04 ANNUAL PERCENTAGE RATE applied this 'od: 16.90% Your account is 90 days past due and your Payment Protection coverage has been suspended. As stated in ® At Your Service 14I00.903.3637 your Payment Protection agreement, your coverage and monthly charge will be reinstated once your account is To can Customer Relations a to report a lost or stolen card: no longer 90 days past due. You may still be eligible for benefits to be paid to your account for loss events described in your Payment Protection agreement. Call Stonebridge Benefit Services at 1-888-527-6904 to see 9 ® Send payments to: your situation qualifies for benefits. Capital One Bank • P.O. Box 78881- Charlotte, NC 28272-0884 You were assessed a past due fee because your minimum payment was not received by the due date. To avoid this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Send inquiries to: Capital One. A Capital One - P.O. Box 30285 Salt Lake City, UT 84130-0285 6056 506 1 07 25 070825 PAGE 1 of 1 OIDM6056 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO W W W.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE ?+,.V.?,??/?,?,, 0 5178057261681832 25 3466180100000487002 ?iOl?11°aVrIG' ? what's in your wallet7' New Balance Minimum Payment Due Date $3,466.18 $487.00 Sep. 19, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed Capital One Bank P.O. Box 70664 1111111111111111111111 Charlotte. NC 26272-0664 111 1111,1111J111111Ld1111111LJd1d111111111111111111loll Account Number: 5178-0572-6168-1832 Please print address or phone number changes below using blue or black ink. Address Home Phone Alternate Phone E-mail address Q #9023884989152468# MAIL ID NUMBER KIMBERLY M DARHOYER 370 E LOUTHER ST CARLISLE, PA 17033-3027 III 'Jill pill r.. 11111,11111111111loll II 1ll11,111111111111 11111 Please write your account number on your check or money order made payable to Capital One Bank and mail with this coupon in the enclosed envelope. KIMBERLY M DARHOWER 1. How to Avoid a Finance Charge. t e. Grace Period. You wit haw a minimum grace period of 25 days without linen" charge on new purchases, new balance Vendors. new special purchases and new odwr charges 1 you pay your total 'Now Balance, in accordance with the Important Notice for payments below, and in time for it to be credited by your payment due date. There Is no grace period on cash advances and special trardfens. In addition, there Is no grace period on any transaction f you do not pay the total 'New balance.' b. Accruing Finance Charge. Transactions which are hat subject to a gram period am aaseeaad finance charge 1) from the data of the transaction or 2) from the data the trahwdion is processed b your Accooni or 3) from the first calendar day of the current baling period. AddeloWly, f you did not pay 0. "New Balance' so. the proWu. billing period in fW, from charges cordnue to scow to your unpaid balance until the unpaid het.- k paid in full. This means that you may *0 owe fnance charges, even t you pay the end. New Balance Indicated on the hors of your staesmmm by the payment due date. but dad no do so for the previous month. Urpaad Rnence charges am added to ane applicable segment of your Account t c. Mininten Finance Charge. For each bight; period that your -d I. sub)erd to a finance charge, a mInI total FINANCE CHARGE of $0.50 err be knposed. t d. Temporary Reduction 1. Place Charge. We mesrva the right to not assess any or ail finance ddrges for any given Willing period. of each segnwrt of your amount (e.g., cash advance, purchase, special Versifier sed special psddee) by the corresponding defy periodic rate(s) that has been preAmilly dsdwad to you. At the and of each day during am billing parlor, we apply the deny periodic rate for each segment of your account to the daily balance of each segrnert Than at td and of the bilhg period. we add hp the results of them dairy calculations to ante at your periodic finance charge for NM segma t We add up line resuna from each seghners to artier at the UAW periodic f Tian" charge for your account. To ON the daft balance for each segment of your ore nL we take the beginning balance for each "I m wd and add any now transehatom and any periodic finance charge calculated on it* previous days balance for Mat aeyewiL At than ad o.dany DaYrnahae or credits posted . of ane1 day that are allocated ad that mg-rW Thk gives us as separate daily balance for each segment of your account. HWrever, It you paid the New Bake shown on your previous statement in full (or If your new baler" was zero or a Deft --ad). new bares kee, which post to you purchases or special purchase segments we not added to the daily balarhces. We calculate ft average dairy balance by add1 al the daily bl.- together and dh icing the aunt by the nobler of the days In the curmA billing cycle. To cekadate your total fnanm h.,V., meMlpfy your average daily balance by the daily parodic rate and by the number of days in the bif ng period. Due b murdup on a defy bask or due to mkdrratm finance charge assessment deem may be a variant between this calculation and the amours of finarrs doge achWly assessed. 3. Annuat Palmate" Rates (APR). a. The tenn'Anmtei Pwcwft a Rate" may appear as *APR' on the front of tins statement b. 11 the code P (Quarterly PMne], L (Ouaetary LIBOR), C (Owredy CM or S (Bw*cwd Prime) appears on the front of this statement mitt to the pnlodlc rate(s), the periodic rags and corresponding ANNUAL PERCENTAGE RATES rimy very quarterly and may In-or decrease based on the staled indices, ea feud in The Well Sumal Journal, plus the rorgn previously daciosed to you. These dangas wil be W%cWe on the arat day of your Wig period covered by your perlofc imemerd ending In the rnort e el January, April, July and October. c. If 1st code D (Monthly Prime), F (Monthly LIBOR), or 0 (Treasury LIBOR) appears on the from of your sdtement nand to the Periodic mte(s), the periodic mess and -p-ding ANNUAL PERCENTAGE RATES may wry narAhly and may kroeass or dmoresse based on the "bled Indices, as found In TM Wan Street Journal, Plus the margin previously disclosed to you. These changes will be effective on ton first day of your billing period each month. 4. Aaaesues A of Late, Ovwl n k and Roomed Payment Fore. Under the terms of your cuslannr epmrnem, we reserve the right to wahe or not to amew any foss vMhout Prior nW k"m to you withoutwaNkhg ourrightto assess the on the from of your statement you he" 30 days from the date this stskmem was mailed to you to avoid paykg the in or to have such ice credited to you it you cancel your account wiMaA having to pay the nwnbmNp tea. To carrel your account you must nod y us by calling our Guam- Rated- Deparinnard and pay your 'New Balance' N full (excluding the membership fee) prior to the and of the thirty-day, period. 6. N You Class Your ACCpanl. You can request to does your account by calling our Customer Relations Oepanmem. You must destroy your cm& cam(s) and accost access dodo, cancel all peauthonized baling and cesss using your account After your request to close, if you continue to tmnsad or do not cancel preauthodmid baling armngemenk, we whl consider recalls of. charge your authortratm to keep your account open. Additionally, your amount will rat be dosed unU you pay all amounts you ows us including: arty transactions you have a ithalzed, fenenca charges, past due fees, o-ifim fees, redsrned payment fees, cash advance teas and any other lees aasewd to your-.L You - responsible for these amounts whether awry sppeer m your ecoant 84 the time you request to does the account or May am Incurred wboaquem to your request to dose the account This my mull in dwpm appearing on your amount after you hew requested the account Ica be dosed. 7. Using Your Account Your card or account cannot be used In ocnneclbn with any Internet gambling transactions. B. Notice Abed Mechanic Cheek Ccnwmlen. When you provide a check as payment you authorize us .W. to use informa6an from your check to make a one-time elecoonto fund "miler from your bank account or to process the p.ymaM as a check transaction. When we use Information from your dnedc to make an electronic fund bounder, funds may be withdrawn from your bank account as soon ore the same day we realm your payment, and you will not receive your check back from your financial runitution. BILLING RIGHTS SUMMARY (in Case of Errors or Questions about Your 60) a you Mink your bill Is wrong, or If you need mom Information on a transaction or bill, write to us on a separate shead m soon as possible at the address for inquiries shown on gel frail of this statement. WB must hear from you no lalef than 60 days after we sent you the first bill on which to snort or problem appeared. You can call our Cusonv r Relations number, std doing so will not preserve your dghla. In your Win. giw us the ro krami; Information: your rdme and aooounl number, the dollar amount of the suspected error, a description of the error and an mplaratlnn, l possible, of why you believe them Is an arm; or If you need more nfornation, a description of the item you am unsure sbouL You do no haw to pay any amount in question while her am Investigating it, but you am sill obligated to pay the pans of your bill thal am not in quession. Yaik we kwastlgate you question, we moot mport you as delinquent or take any .Rion to collect IM smart you question. I, t Special Rule for Credit Card purchases #wu-hawayrod«rtitNB+Ma aaalky-0f umwrtyuorsawimsmat. you purchased with • credit card and you have tried in good faith to coned the problem with the merchant. you may haw the right no to pay the ro-kung amount due on the property or servlcas. You haw this protection only when the purchase prim was mom than $50.00 and the pucnaaa was made In your Mme state or within 100 mild of your mailing address. Of we own or operate the merchant or B we mailed you the adwrtsenront for the property or services, all purchases are covered regardless d amount or location of purchase.) Please remember to sign all ccrespodem. t Does not apply to consumer nontmdt card accounts Does not apply to busim" -crodf card accounts Capital One supports m1cr-lion privacy pmtecaon: see our wob.".1 . Capital One Is a federally regkwad servk:e marls at Capital One Financial Corporation. AN rights reserved. O 2006 Capital One 01 DMI - 1 - 04!10/07 nWeeks nlNotla: Pay-is you mar to is will be mdbd lo your account a olthe nakaa day we reahe it, porided (1) you sad the bottom patendtM staleatadyear dad htipendows mnhstrtsenwkgeate(2)you payment krewlset hour prior I mar by3pm.ET(12manFr).Pbareslawrlmtbe(5)MM mdryskrpatedetmy.Prymendotedbyastcryfiberbeatlonarth arq other ten say not be mdkd as olthe dayea nrela tem. W baMa days n Monday though Sake*. sasdhg holdsys. Pleas m not m slapks, paper rip, ato. wee Mpring your payrses. CapitalOne• , 5000,2 1 what's in your wallet?' IT S STILL NOT TOO LATE. Your account is unusable. But, we can help you prevent further damage to your credit record. Please pay the amount due on your statement within 30 days. Remember we're here to help! Let's work together to find a solution that's right for you. You can make a payment with our free check by phone service or speak to an associate by calling 1.800.955.6600. ® 2006 Capital One Services, Inc. Capital One it a federally registered service mark. All rights reserved 500012-08503 FINANCE Previous Balance Payments 8 Credits CHARGE Transactions New Balance Minimum Payment Due Date $3,466.18 - $50.00 + $50.18 + $78.00 = $3,544.36 $544.36 Oct. 20, 2007 Aug. 26, 2007 - Sep. 25, 2007 Page 1 of 1 PLEASE MY AT (FAST MS AMOUNT You're behind by five payments so we've permanently suspended your charging privileges. If you don't make a Platinum Account MasterCard MasterCard Platin sufficient payment in the next 7 weeks your account is at risk for being charged off and reported to the national credit bureaus. Please don'I let this happen. If you're feeling overwhelmed, call us at 1.800.955.6600. We'll work Your Account Information with you to resolve this matter. TOTAL CREDIT LINE $3,000.00 TOTAL AVAILABLE CREDIT $0.00 Payments, Credits 8 Adjustments CREDIT LINE FOR CASH $3,000.00 1 24 SEP PAYMENT $50.00- AVAILABLE CREDIT FOR CASH $0.00 Transactions lnance Charges (Please see reverse for important information) F 2 19 SEP PAST DUE FEE $39.00 Balance rate Periodic Co d'xtg FINANCE 3 25 SEP OVERLIMIT FEE SEP 25, 2007 $39.00 L applied to rate APR CHARGE u ases $2,364.03 0.04630% 16.90% $3393 sh $1,131.90 0.04630% 16.90% $16.25 Al-h At Your Service1-600403.3637 I W- To callCustomer Relations or to report a lost or stolen card: ® Send payments to: Capital One Bads - P.O. Box 70884 - Charlotte, NC 28272-DBU A Send inquiries to: Capital One • P.O. Box 30285 • Sall Lake Cly, UT 84130-0285 ® Have a question about a charge on your statement? Please refer to the Billing Rights Summary on the back of your statement or visit www.cadtalwte.comIdismdes. Your account is 90 days past due and your Payment Protection coverage has been suspended. As staled in your Payment Protection agreement, your coverage and monthly charge will be reinstated once your account is no longer 90 days past due. You may still be eligible for benefits to be paid to your account for loss events described in your Payment Protection agreement. Call Stonebridge Benefit Services at 1.888-527-6904 to see if your situation qualifies for benefits. You were assessed a past due fee bemuse your minimum payment was not received by the due date. To avoid this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Capital One. 6056 506 1 07 25 070925 PAGE 1 of 1 OlDM6056 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE 5178057261681832 25 3544360050000544365 CW what's in your wallet?. New Balance Minimum Payment Due Date $3,544.36 $544.36 Oct. 20, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed Capital One Bank P.O. Box 70684 IrI1111s1111o111111111 Charlotte, NC 28272-0884 1 111111 111111 loll Inl11Is111snl11lsl11l11l11Ilul11l11l!IIIII Home Phone Alternate Phone #9026984989152463# MAIL ID NUMBER KIMBERLY M PARHOYER 170 E LOUTHER ST CARLISLE, PA 17013-3027 1111111 Is 11111111111111111pill lilies s611111IIn1His III 611 Please write your account number on your check or money order made payable to Capital One Bank and mail with this coupon in the enclosed envelope. Account Number: 5178-0572-6168-1832 Please print address or phone number changes below using blue or black ink. KIMBERLY M DARHOWER 1. How to Avoid • Finance Charge. t e, Grace Period. You wR have a minimum grace period of 25 days wthout far ante charge on new pumhases, new balance transfers, new spacial purchases and new other charges gym pay your lotd'New Balance. In accordance with the Important Notices for payments balm, and in tens for d to be credited by your payment due data. Thsrs s no grace period on cash advance. and special transfers. In addition, them s no, grate period any transaction If you do not pay the total -Nev, balance.' b. Accming Finance Charge. Tireneactions which are not subject l a gram period am mas sed finance charge i ) Aram the dace of the brnaction or 2) from the dam the transaction is processed to your Amount or 3) from the felt calendar day of to current bldg period. Addldmatty, Nyoa rid not pay dm 'law Balerus' from the previous b0 ing period in hs, finance ehrges continue to accrue to your unpaid balance unW the -paid balance is paid in full. This mmm that you may.0 awe finance charges, eve N you pay the male New Balance Indicated an the from of your statement by the payment due data, but did not do so for the previous month. Unpaid feancs charges am added to the applicable segment of your Account. t c IBnehaam Finance Change. For each billing period that your acroud I. subject to a Since charge. a minimum total FINANCE CHARGE of 50.60 will be imposed. t d. Temporary Reduction in Flnana Charge. Vve maer m to right to not losses any or as fiance, charges for any given billing Period. 2. Average Daly Barone (Including Naw purchases). -- -- Hance comw a rp 1?drTy belia?ce of each segment of your a¢ounl (e.%. ash advance, pad-. special transfer, and spedd garhase) by is crrasta di g daily periodic rate(s) that has bar previously disclosed to you. At the and of each day during to being period, we apply t ha daily pwWe two far each seyrsnt of your account to the daily balance of each sapasrht Than at the and of the dWng period. m add hap the results of these dally akxdadoas to an" at your priori francs charge for each sagm em Vh add up the m.uk. tom each segment to solve at the lW periodic finance charge far your atmunL To ad the dally balance for each segment of your -...L we mite the bsgennD balance for each segment and add any now baasediona and any periodic finance charge calculated on the previous days balance for that sagnsift We Vien sufead any porname, a, credits pasted r of that day that em alaated to that segment. This gives hs Na aspetde daily balance for each segment of your account. However, t you paid tha New Balance shown an your previous statement in ful (r If your new balance was zero or a re61 rroad). new tresaWons, when pasta your phadas r or spe tat purchase segments re not added o the daily barman We Carodate to average daily bateraa by adding all the daily balances "ter and dividing the sum by the maMr of the day. in the anent billing cycle. To calculate your total fnrse clerga, multiply your average daily balance by the duly periodic rate and by the number of days M the bi kp prod. Due o rounding on a daily bash or due to minimum finance charge assessment them may be a vedanu beMaen this calculation and the amount oi An- charge ammly -.ad. 3. Annual Prcentege Rate. (APR). a- The term 'Annual Percraage Rate' may appear ea'APR' oo the front oi this staismont b. if the code P (Quarterly Prime} L (Quarterly LIBOR), C (ouanedy CO), or S (Brtknard Prima) appears an the front of this statement reel to be pWWIC mas(s), the Parodic rates and corresponding ANNUAL PERCENTAGE RATES may wry gtwwly and may Increase or ---- the stated indmes, as found n Th. Wall Street Jo red, plus the margin previously dsdowd to you. These dirges will be effective on the fife day.1 your being period--red by your periodic statement ending In the months of January, April. July and October. a If A. rode D (Monthly Prkne), F (Monthly LIBOR), or G (Treasury LIBOR) appears on the ford of your alafement rod to the periodic ram(sj the periodic miss and crresponaAng ANNUAL PERCENTAGE RATES may very monthly and mey nomew or deres. based m the stated Indian, as found In The Well Street Journal, pin the margin previously disclosed to you. These charges well be effective on the first day of your bating period each month. 4. Assessment of Lam. Overtmit and Resumed Psymerd Frs. Under the rams of your csomer agreement, we les" the right to mkwt or not to asseas any ter "ahom pairnotRCatlon oyou withoutwalA g owright oassess the same rsime.rfer at a Wrdints g sa-a)lpear? cn Reviewin the front of your statement, you have 30 days from tic data tlth statement wu moiled to you to avoid paying the tee or to have such fee credited to you a you cancel your sccoxd vdhoul having to pay the membership Am. To tarsal your axrart you must notly us by calling our Customer Relations Department and pay your "Neve Balance in full (excluding the membership far) prior to the and of A. thirty-day period. 6. N You Close Your Account You can regtuest to dose your account by calling or Customer Ralsdons Department. You must destroy your cmdk card(s) and account access dads, cabal all preauthorized biting and tear using year account Mr your request to don, B you continue to transact or do not anal pmaudhorizsd biling arrangements ' vs ell Conner receipt of a cthrge your audwtutdon o rp yo account open. Additionally. your exeunt will netkbe dosedur until you pay all amounts you ows us Including; any transactions you have authorized. fianca charges, pest ds leer, overlntk ter, mtumed payment fate, ash advance fees and any other ter a.....d to your acatrnt. You are responsible for thsee -1. whets r gay appear an your acootmt at the tine you request to class the account or thou am vaned subeaquem to your request to dose the arnurd This may result In charges appea ft on your account after you hee requested 0. account to be dosed. 7. Using Your Account Your card or account cannot be used in wrmaclfon with any Intemet gambling transactions. S. Notice About Electronic Check Comarsion. When you provide a check s5 payment, you authorize us either to use information from your check to nuke a one-lime electronic fund transfer from your bank accent r to process the payment as a Check transaction. When we use Information from your check to make an electronic fund transfer, funds may be withdrahvn from your bank scomat as soon as the same day m racehre yaw payment, and you will not receive your check back from your financial kutltutim. BILLING RIGHTS SUMMARY (in Case of Emrs or Ouesto s about Your Bill) If you think yo r Ne h wrong, or If you need mom information on a transaction or bill, write to us on a separate sheet as soon as possible at the appease for inquiries shown on the front of this satrnem. We must her from you no nor dun AD days after we sent you die Srat big on which the error or problem appeared. You can call our Customer Relations number. but doing so will not presume your rights. In your lellr, give us the following Information: your name and amount number, the dollar amount of the suspected error, a description of the senor and an explanation. If passible, of why you believe dam is an error, or d you need more khfa matirh, a descriplion of the item you am unsure about You do not have to pay any amount in question while vs am Investigating ft, but you are still obligated to pay the pars of your bill that are not In question. While we investigate your question. vs cannot report you as delinquent or take any action to Coded the amount you question. 3. t Special Rule for Credit Card Purchases -Di'au-have-a.problem-mid+-lhaqudkyofpapeMarservkbs-lluL you purahafed with a credit card and you have tried in good faith to coned the problem with ft merchant y- may have the right not to pay the remaining amount due on the property or services. You hew this protection orgy when the purchase price was mom than $50.00 and the pwchass was made in your home state or within 100 miles of yaw mating address. (ill vie own or operate the merchant or t wa marled you the advertisement far the property or services. all purchases are covered regardless of amount or location of purchase.) Please mmember to sign all correspondence. t Does not play m consumer nonamde card accounts t Does not apply to business nm-cmdlt card accords Capital One supports information privacy protection: sea our vrbslte al w9 'motai"mm. Capital One le a federally registered service mark of Capital One Rnandai Corporation. Air rights reserved. O 2006 Capital One TC-0s 01 DM6056- 1 •04M0107 Imported Ndke: Payrno* you mall to a all be castled to yaw aoxrd a of On banter day w n eshe A podded (1) you sod tle boron lorandtlss staMnrtaedyrr dealntle andrsd remlmtr snhdops rd R)Yoe DaPhes hreceivedn-pac" nardr by 3 pm ET (12 eon PT). Plrr Was at lead A. (5) buirr days is pasta datary. Paymmb mashed by a d any other brad. or in cry stxrform mry not be rrdked as of tlw day r sale alum. Or budsr days are ki-* trough Setrdry. erddbg holidays Plesse do M tralaplea, Depot dips, alc. disc prepreg )war paynes. Capifalpw• NOT PAYING YOUR DEBT 500013 what's in your wallet? DOESN'T MAKE IT GO AWAY. In fact, even if we report your account as charged off, you'll still be responsible for paying your debt. So why not call us to see what we can do together to keep you from receiving such a serious mark on your credit record? We're here to help. Please contact us to find a solution that's right for you. You can make a payment with our free check by phone service or speak to an associate by calling 1.800.955.6600. Make sure you call or pay the anount due on your statement within 30 days to keep your account from being charged off. ® 2006 Capital One Services, Inc. Capital One is a federally registered service mark. All rights reserved 500013-08503 FINANCE Previous Balance Payments 8 Credits CHARGE Transactions New Balance Minimum Payment Due Date $3,544.36 - $0.00 + $49.67 + $39.00 = $3,633.03 $651.00 Nov. 19, 2007 Sep. 26, 2007 - Oct. 25, 2007 Page 1 of 1 KEASE FAY AT LEAST TWS AMOUNT Platinum Account MasterCard MasterCard Patin Your account is six payments behind. If we charge off your account due to late payments, we will report the charged-0ff status to several national credit bureaus, and the Purchase APR as reflected on this statement will 5178-0572-6168-1832 be applied to all your outstanding balances. Ad now to prevent this from happening. Please pay the amount due Your Account Information on your statement or give us a all at 1.800.955.6600. Well work with you so you can take control of your account and start rebuilding your credit with Capital One. TOTAL CREDIT LINE $3,000.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $3 000 00 Payments, Credits 8 Adjustments AVAILABLE CREDIT FOR CASH $0.00 Transactions Finance Charges (Please see reverse for important information) 1 20 OCT PAST DUE FEE $39.00 Balance rate Periodic Corresng FINANCE applied to rate A R CHARGE Purchases $2,449.23 0.04630% 16.90% $34.02 Cash $1,126.84 0.04630% 16.90% $15.65 ANNUAL PERCENTAGE RATE applied this period: 16.90% 0 At Your Service 1-666-963-3637 To call Customer Relatk= or to report a lost or stolen card: ® Send payments to: Capital One Bank • P.O. Box 708M - Charlotte, NC 28272-0884 A Send inquiries to: Capital One • P.O. Box 30285. Sek Lake City, UT 84130-0285 ® Have a question about a charge on your statement? Please refer to the Billing Rights Summary on the back of your statement or visit www.caoitaklne.corn disoulas. Your account is 90 days past due and your Payment Protection coverage has been suspended. As stated in your Payment Protection agreement, your coverage and monthly charge will be reinstated once your account is no longer 90 days past due. You may still be eligible for benefits to be paid to your account for loss events described in your Payment Protection agreement. Call Stonebridge Benefit Services at 1-888-527-6904 to see if your situation qualifies for benefits. You were assessed a past due fee because your minimum payment was not received by the due date. To avoid this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Capital One. 6056 506 1 07 25 071025 PAGE 1 of 1 OlDM6056 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPtTALONE.COM TO MAKE YOUR PAYMENT ONLINE G'apitalorle I what's in your wallet?. New Balance Minimum Payment Due Date F $3,633.03 $651.00 Nov. 19, 2007 0 5178057261681832 25 3633030050000651007 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed Capital One Bank P.O. Box 70064 Io11111111uo1111111111 Charlotte, NC 28272-Oa84 111111111111111111111111111111 loll 11111111111111111n1u1ullnol l Account Number: 5178-0572-6168-1832 Please print address or phone number changes below using blue or black ink. Home Phone Alternate Phone #9029984989152460# MAIL ID NUMBER KIMBERLY M DARHOYER 370 E LOUTHER ST CARLISLE, PA 17013-3027 11111111.11111111111111 r 16tI 11 r 16 II II I r l l 111 o f 111 o 1111111,111 Please write your account number on your check or money order made payable to Capital One Bank and mail with this coupon in the enclosed envelope. KIMBERLY M DARHOWER I. How to Avoid a Finance Charge. T e. Grace Period. You will have a minkman grace period of 25 days wit rout finance charge on new purchases, new balance transfers, new, special purchases and new other charges 1 you pay your lptal •New Sae-", In ..-dance with to Important Net" for peymrmts below, and in tkne for it to be netted by your payment due date. There is no grace prod on cash advances and special transfers. In addi8an, there is ho grace period on any transaction 0 you do out pay the total 'Nm balance.' b. Accruing Finance Charge. Transactions which am not sub)rd b a grace period am assessed firm- charge 1) kon the data oi Me baroadion or 2) from the data the transaction is processed to your Amount or 3) Iran the frs calendar day of the currant bllkg pared. AddMo *A lyou dd not pay the "New Balance' from the previous hitting period in full, grunce charges continue to accrue to your unpaid baWru until the unpaid balance is paid in full. This means that you may still owe hence charges, even l you pay the mike New Balance Indicated on the here of your statement by the paymrd dw date, but did of do so for the pnvlous month. Lived it charges aka abided to the applicable ssgmrrt of your A-rt t e. Mnimun Finance Charge. For each Ming period Mat your .cooed a object b a finance charge, a msntnaum total FINANCE CHARGE c(S0.So w1 be Imposed. t d. Temporary Reduction In Flnance Charge. We ressve the right to not as-se any or as finance charges for any ghee Ming Period. 2. Avenge Daily !.fence (ecaading New Purchases). -Fwana chsryeTie iifidTby musipying Me ely baW-- of each segment of your amount (e.g., Gash advance purdete, aps.W barefr, and special purdhese) by the corresponding daily priodic rate(s) that hes been previoustY disclosed to you. At the end of each day during the Mang period, ve apply to daily periodic to for each seyhont of your account to the daily balance of each sagrrwt Than at the end of the batkg period, m add rip the results Of these daily WwYations to amlw ¦t your parodic fmace Charge fr as In segnwt We add Up the muss from each.egrmre to rave at the total periodic finrua charge for your acmhnl To gal the daily balance foroath W- K of your account we take the beginning balance for each segment and and any new transaction and any periodic finsoa ChOrga akrtsed on Me previous days balance for that aegrlwA We ten subtract any paymors, or credits, posed as of that day that are alcoled to that segment. The glues use the -para. daily balance for each seuphwe of your w0oul. However, K you paid the New Balance shown on your previous statement In full (a if your new balance was zoo or a credit amourd). sew tren.sctiorr, which pat to your pudese or special purchase segments are me added to the dally bsano-. We calculate the average daily balance by adding al the dally boons eogsher and dividing the sum by the number or the days In the current IWWV cycle. To calculate you total finance charge, mulbpy the number of days M to biWp period. Dee to rouMing on a dally bask or due 10 mlllkmr n finance change assesamont, Mae may be a variance between this calculation and the amount of finance charge actually assessed. 3. Annual Perantaga Ratan (APR). a. The term'Anrcal Percentage Rate" may appear as *APR* on the front of the statement. b. K the code P (CAMUrty Pdme), L (Quarterly LIBOR), C (Ouartfly CO), or S (Bw*cwd Prime) appears or the front of this statement newt to the periodic rate(s), the periodic rates and coneepondhV ANNUAL PERCENTAGE RATES my way Wareariy and may increase or daaewe bared on to stated indices, as (oral in The Wall Street Journal, pi- the margin previously disdowd to you. These dhagu nil be elective on the first day of you bMbV period covered by your Periods statement ending I. the meths of January, April, July and October. e K the code D (Monthly Rime), F (Monthly LIBOR), or G (Treasury LIBOR) appears on the boar of your age anwa newt 10 the periodic rate(.]. the periodic rates and mnespahdrg ANNUAL PERCENTAGE RATES may very monthly end may moose or decease based on W. stated Indieos, as food in The Wall Street Journal, plus the margin previoualy disclosed to you. These cerg- will be elective on the first day of your bang period each month. 4. Asa.asmanc of Late, Ovadimk and Retuned Payment Feea. Under the term of your oetomr agraemrra, we reserve tie right to "We or not to anew a" lees wWOA Pdorrmtketion te you walked WaivYp ourrignt to asses the _ same or similerfess at a serum. t3. a wbng* I- appears on the trot of your setownenL you hew 30 days from the date this stalammnt was meded to you to avid paying the fee or b have such fee credited to you it you anei your accoura without having to pay the mernbership fee. To caned your acsurrt, you must notify us by calling our Customer Rated- Department and pay your "New Balance In full ("oludkg the membmhlp fee) prior to the and of the thirty.fey, period. 9. N You Close Your Account. Yon can request to cow your aoomes by calling our Cuetoner Rotations DepwMwnL You must destmY your credo c3rd(s) and •pcorss arras checks, cancel all prewlhorized Ming and ease using your amount After your repast to cow, N you continue to transact or do not cancel weauthodi bating smi ngoewts, we war sander reoalpl of a charge your autthortratlon to keep your actead open. Addbionaly, your amount eta net be dosed unto you pay all -15 you sew us pndudkg: any transactions you have auMadted, finance charges, past due least, ovadme fame, retuned payment fees, cash advance few and any otherfaee assessed to your acmurrt. You are responsible for these amounts whether they appear on your account at the tone you regt*U to date the amount or they are vaned subsequent to your request to close the acc um. The nay result in dhrgw appearing on your account after you hew requested the accent b be dosed. 7. Using Your Account. Your card or account cannot be used in connection with any Internet gentling muses ions. 8. Notice About Electronic Check Conversion When you provkfe a check as payment, you authorize us either to use information from your check to make a one-8me electrons ; hind transfer from your bank secant or to process the payment as a check trace agkm. When we use Information from your check to make an aectrono fund transfer funds may be wiahbawn form your bank amount as soon as the same day war receive your payment, and you will not mosive your duck back from your financial khatitubt n. BILLING RIGHTS SUMMARY (In Case of Enos or Cakeek a about Your BA) K you think your bill It wrong. or if you need more Information on a transaction or bill, write to err on a separate sh" az coon as possible at the address for inquiries shown m the front of this statemntt. We must her from you no later than fig days aher we sad you the first bar w which the error or problem appeared. You can call our Customs Relations number, but doing so wit not preserve your rights. M your letter, give us the lo8owirg Informaton: your rome and account number, the doles annum of the suspected error, a description of the error and an explanation, l possible, of Wry you believe them Is an afar, or if you need more inlerm limn, a description of the item you are un um ab-L Y do not have o Pay any amount in question while we are nwetgadkg h. but You am seal obligated to pay the parts of your bit that am not In question. While we inwsagate your question, we cannot report you as delinquent or take any fiction o mllad to anhounl you question, t, t Special Rule for Credit Card Purchases ilvrrMwsvraMem+Mar+henaallrof-Isopeny r-imathat- you purchased with a aadt card and you have hied in good girth to cared the problem with to merchant, you may have the right no to pay the ramdnng amount due on tlm property or seMCU. You hew this protection only when the purchase, price caw more than 550.00 and the purchase was made In your home see or vAWn 100 maw of your mailing addreas. (If we own or operate the merchant, or a we mead you the adwrwemant for to property or seMces, all purchases are mverad regardkw of amount or location of purchase.) Pease mmambr to sign all correspondence. t Does not apply to consumer rontredt card accounts t Does not apply to butanes non.morl cart/ accout$ Capital One supports nfamagon privacy protection: see our webs te, at ?.csoltsforw ,?. Capital One is a federally registered service mark of Capaal One Financial Corporation. AN rights reserved. 0 2008 Capes One OIDM8058 - 1.04/10107 Impertrd NOUN: Paymnb you mat e se WE be meted o your account as of ft business dry as race" It provided (1) YOU sad IM boson pwlM of INS StMKMt and your dun in IM sdaed enAetrs week eanda) your paymaa Is meelhed in sa Men"sass by 3 pm ET (12 noon FT). Pepe alow at WO the (5) faker days IN pace ddury. Paynrt steered by e at any other bcaft a in any else form may not be traded r of to sty as resthe them. W business days are Monday through Saturday, arLtleg hMM Plea.e do not use stapes, piper alga. atc. when W"wbV your pap-.. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, he is an attorney for the Plaintiff herein; makes this Verification based upon the facts as supplied to him by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the court and the Plaintiff's Verification cannot be obtained within the time allowed for filing of this Motion, and that the facts set forth in the foregoing Motion are true and correct to the best of his knowledge, information and belief. Attorney for Plaintiff WWR No. 6807860 CERTIFICATE OF SERVICE A true and correct copy of the within Plaintiff's Motion for Summary Judgment and Brief in Support has been served by U.S. Mail, Postage Pre-Paid, on day of , 2009 upon the following: Richard Gan, Esquire Gan Law Group 64 South Pitt Street Carlisle, Pa 17013 B MATTHEW D. URBAN, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA' 15219 (412) 434-7955 WWR No. 6807860 U'L Orr' TFE,: ?i 4'l;'? 4 D 1 v" vY 2009 V V? V } . l ?it CAPITAL ONE BANK (USA), NA IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 08-5340 CIVIL KIMBERLY M. DARHOWER, Defendant IN RE: MOTION FOR SUMMARY JUDGMENT BEFORE HESS AND EBERT, J.J. ORDER AND NOW, this 11" day of June, 2009, upon Plaintiff's Motion for Summary Judgment, it is hereby ordered, adjudged and decreed that said motion is GRANTED and judgment is entered in favor of Plaintiff for $4,150.80 with interest at the rate of 16.9% per annum from July 30, 2008, plus costs. BY THE COURT, Matthew D. Urban, Esquire For the Plaintiff /chard Gan, Esquire For the Defendant Am ?v? DES m.a t LPL 1 `?r s?dp OF THE PC, P.a?`tNEOTM 2009 JU 15 Pfl 4: 04 LtE ?.:1 tJ ?JY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) NA Plaintiff TYPE OF PLEADING VS. Case No.: 08-5340-CIVIL PRAECIPE FOR JUDGMENT PER ORDER OF COURT KIMBERLY M DARHOWER Defendant. FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R Bibler, Esquire PA I.D.#93598 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR # 6807860 $4,150.80 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) NA Plaintiff VS. KIMBERLY M DARHOWER Defendant. TO THE PROTHONOTARY: Case No.: 08-5340-CIVIL PRAECIPE FOR JUDGMENT In light of the Court Order granting Summary Judgment in favor of Plaintiff on June 15, 2009, kindly enter Judgment against the Defendant, KIMBERLY M DARHOWER, in the amount of $4,150.80 computed as follows: Amount Awarded per Order: $4,150.80 Interest from July 30, 2008 through July 15, 2009 at the legal interest rate of 6.00% per annum: TOTAL: $4,150.80 Attached is a copy of the Court Order in favor of Plaintiff for Judgment. WELTMAN, WEINBERG & RE)S, CO., L.P.A. By: Benjami 1 r, ?q re PA Dy# X9 9 8 Weltm n, Weinberg &. Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 Plaintiff s address is: c/o Weltman, Weinberg & Reis, Co., L.P.A., 1400 Koppers Building, 436 7`'' Avenue, Pittsburgh, PA 15219 And Defendant's address is: 170 E LOUTHER ST, CARLISLE,PA 17013 CAPITAL ONE BANK (USA), NA IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 08-5340 CIVIL KIMBERLY M. DARHOWER, Defendant IN RE: MOTION FOR SUMMARY JUDGMENT BEFORE HESS AND EBERT, J.J. ORDER AND NOW, this f S ' day of June, 2009, upon Plaintiffs Motion for Summary Judgment, it is hereby ordered, adjudged and decreed that said motion is GRANTED and judgment is entered in favor of Plaintiff for $4,150.80 with interest at the rate of 16.9% per annum from July 30, 2008, plus costs. BY THE COURT, A?4 Hess, J. Matthew D. Urban, Esquire For the Plaintiff Richard Gan, Esquire For the Defendant Am ? 9 ( Pk) 8® 7 8-b o RUE COPY FROM RECORD ' Y Q O I Mm um set rear haN r d SW at camw f Q7 rAL 11A OF THE?PROTHO OTARY 2009 JUL 20 PM 2= 4 3 PENNSYLVANIA 41q-00 PD Al-N e3*aasa14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) NA Plaintiff Case No.: 08-5340-CIVIL vs. KIMBERLY M DARHOWER Defendant. NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendants ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on _ 71401,100? (xx) Assumpsit Judgment in the amount of $4,150.80, plus interest at 6% per annum, plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of (xx) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration Award ( ) By Consent KIMBERLY M DARHOWER Prothonotary 170 E LOUTHER ST CARLISLE, PA 17013 By: PR 1 A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPTIAL ONE BANK (USA, NA Plaintiff vs. KIMBERLY M DARHOWER Defendant No. 08-5340-CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D 442524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 6807860 . _ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPTIAL ONE BANK (USA, NA Plaintiff vs. Civil Action No. 08-5340-CIVIL TERM KIMBERLY M DARHOWER Defendant PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned J udgment. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. W? PA LD #425 WEL"TMA 1400 Kopp i 436 Seve (412) 4-JA-r55 Sworn to and subscribed before me this ((I 4 day of November, 09 , /x -4 - , ,, P_ 1_e'?_ OTARY PUBLIC GOMMONWEAT of pEYLVANIA Notarial Seal Public Sheila G. Bevan, City Of Pittsburgh, Allegheny County My Commission expires No'I 2010 sy!u r+' r4ssar,'.ati' n of Notare Member, Penn Esquire [NBERG & REIS CO.. L.P.A. ilding en ue 15219 W W R No. 6807860 RUE- `,E,_ !Y tf" ('fir, t ^s?,•,?n?'T'?.F l i 2009 DE.C 21 Fill r : ' ? Ty CUM ! 4 a. C-0 Pic> my, cj.v 8q ao(O(Ao P-Tt a 3531 (o