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09-1819
P 1-v" .'i IN THE COURT OF COMMON A?(EM!'OIr CUMBERLAND COUNTY, PENN Y4M NIA ' CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff V. BARBARA A HARNER ,,, Defendant(s):; 7 NO. 69 COMPLAINT IN CIVIL ACTION Filed on behalf of: CAPITAL ONE BANK (U.S.A.), N.A. Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PF_PA_11 Cmplt Cvr Sht P&F File No. 08-85647 IN THE COURT OF COMMON PtEAS.OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff V. BARBARA A HARNER r Defendants NO. You have been sued in Court. If you wish to defend against Usted ha sido demandado en corte. Si usted desea defenderse the claims set forth in the following pages, you must take de las demandas que se presentan mas adelante en las action within TWENTY (20) DAYS after this Complaint and siguientes paginas, debe tomar accion dentro de los proximos notice are served, by entering a written appearance,perNonfltyj`,veirte (20) dias despues de la notificacion de esta Demands y or by an attorney, and filing in writing with the Court. yott?;_1lvasfo radicando personalmente o por medio de un abogado defenses or objections to the claims set forth against you. Yad natomparecencia escrita y radicando en la Corte por escrito are warned that if you fail to do so the case may proceed sus defenses de, y objecciones a, las demandas presentadas without you and a judgment may be entered against you,by,the aqui en contra suya. Se le advierte de que si usted fall de court without further notice for any money cltomar accion como se describe anteriormente, el caso pude Complaint or for any other claim or relief reghhstcd'?by`the proceder sin usted y un fallo por cualquier suma de dinero Plaintiff. You may lose money or property or other rights reclamada en la demanda o cualquier reclamacion o remedio important to you. solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad au otros derechos importantes pars usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER USTED DEBE LLEVAR ESTE DOCUMENTO A SU AT ONCE.IF YOU DO NOT HAVE A LAWYER GO TO OR ABOGADO INMEDIATAMENTE. SI USTED NO TIENE TELEPHONE THE OFFICE SET FORTH BELOW. THIS UN ABOGADO, LLAME O VAYA A LA SIGUENTE OFFICE CAN PROVIDE YOU WITH INFORMATIQNP O ICINA. ESTA OFICINA PUEDE PROVEERLE ABOUT HIRING A LAWYER i4bkMACION A CERCA DE COMO CONSEGUIR UN f"POADO IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1 717-249-3166 SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSO A PERSONAS QUE CALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION r. 1:. 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 W PA_21Notice to Defend P&F File No. 08-85647 2. ? ?' f?Fr t7h' i i. R IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. v. BARBARA A HARNER Plaintiff 1 ! ... Defendant(s) NO. 09- /1/? et?-d 94 --. COMELAINT IN CJEVI?• arTinN • ,4s r; r AND NOW, comes Plaintiff, CAPITAVOW-BANK (U.S.A.), N.A., by and through its attorney, GREGG MORRIS, ESQUIRE and the law offices of PATENAUDE & FELIX, A.P.C. and files the following Complaint in Civil Action, and in support thereof aver as follows: 1. Plaintiff, CAPITAL ONE BANK (U.S.A.), N.A., is a corporation and for the purpose of this litigation, maintaining a place of 6tisiness c/o PATENAUDE AND FELIX, a A.P.C., 213 East Main St Carnegie, P?,-Miy v iia 15:106. 2. Defendant is BARBARA A HARMER, an adult individual, believed to currently reside at 21 SUSQUEHANNA AVENUE APT# 302 ENOLA, PA 17025-2442. 3. Heretofore, the Defendant(s) opened a account with Plaintiff being Account No. 4388642513036130, for the purchase of good u -AJ eL. ices. } ? • y 4. The Defendant(s) has/have 'made or', a number of purchases and as of August 10, 2007, Defendant(s) owes $3,064.20 on said account plus interest at 28.10 %. 5. Plaintiff maintains accurate books of account recording all credits and debits for I, this account. 4 6 x.i iy1 !C PA-05 Civil Cmplt Crdt Crd P&F File No. 08-85647 i 6. Defendant assented to the correctness of the balance by making payments on the t U a.iij,4 ,r 'it account. ?t 4T 7. The Defendant(s) have/has received monthly billing statements from Plaintiff setting forth the nature and amount of all charges made by Defendant(s), and the transactions between Plaintiff and Defendant(s) give rise to, an account stated, upon which Plaintiff has relied i. b continuing to extend credit to Defendant s 8. The Defendant(s) made paymp) epi(s, but have/has refused to pay, and now refuses to pay the balance due and owing on the afor6iaid•account in the sum of $3,064.20, plus interest and costs. 9. By making payments andy by failing to object or dispute the statements, Defendant(s) have/has assented to and agreed to the, correctness of the balance due on the credit - f !I 1. k y' 1 card account so as to constitute and account *trc?4 ,K 10. Despite repeated demands, Defendant(s) have/has failed to make the required installment payments when due and therefore the full amount of the account is now due and payable. ? . ,+i 1 csTS n' PA 05 Civil Cmplt Crdt Crd l P&F File No. 08-85647 ti ?s WHEREFORE, Plaintiff demands'Judgment in its favor, and against Defendant(s), in the amount of $3,064.20, plus interest as set forth herein from the date of breach, with continuing interest at the legal rate thereon from the date of Judgment plus costs. The damages requested are less than the maximum amount for compulsory, arbitration as set by the Court. Respectfully submitte . Patenaude & Felix, . C. 141 Date: January 28, 2009 Gregg L. rri Esquire 213 E. Mb(n S eet (412) 4 . x, y 115106 75 PA-05 Civil Cmplt Crdt Crd P&F File No. 08-85647 h • r The undersigned, Gregg L. Morris, hereby states that he is the attorney for Plaintiff in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. Counsel has signed the verification at the request of Plaintiff as a matter of time and convenience. Plaintiff has represented to counsel that there is a debt due and owing from Defendant to Plaintiff in the amount as set forth within the foregoing pleading. Plaintiff has provided, Faunsel with all relevant information in order to allow counsel to sign this verification. Plaintiff agrees to provide a verification signed by Plaintiff upon request by Defendant. The statements are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: January 28, 2009 wonsel Witij 4 g L. orris, Esquire P to e & Felix, A.P.C. 2 3 . ain Street r2), gie, PA 15106 429-7675 PA_01 Atty Verification P&F File No. 08-85647 70 co GJ Sheriffs Office of Cumberland County R Thomas Kline ? D of r6umbtr LYV.wY L vv„`"rY Sheriff Solicitor Ronny R Anderson" Jody S Smith Chief Deputy OFFicE OF THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/26/2009 07:00 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 26, 2009 at 1900 hours, he served a true copy of the within Complaint and Notice upon the within named defendant, to wit: Barbara Harper by making known unto Barbara Harper personally, at 21 Susquehanna Avenue, Suite 302, Enola, Cumberland County, Pennsylvania, 170025, its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 March 30, 2009 SO `ANSWERS, ^V'Q "ic vIo?' R THOMAS KLINE, SHERIFF 01 1 YSeri Docket No. 2009-1819 capital one v Barbara Harner OF 490IMM Z I t-! r ? CAPITAL ONE BANK (U.S.A.), N.A., Plaintiff V. BARBARA A. HARNER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 09 - 1819 - Civil Term CIVIL ACTION - LAW Please enter my appearance for the Defendant in the above. ail ??a oa ?t ?? Date: -'14? ,,, Geoffrey M.Biringer 401 E.Louther Street Carlisle,PA 17013 (717)243-9400 Supreme Court ID#18040 RLED-OVFICE OF 7HE Pfr7HONOTARY 2H9 APR 15 AM IQ: 38 NIA PEI LVA 6 CAPITAL ONE BANK (U.S.A.), N.A., Plaintiff V. BARBARA A. HARNER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 09 -1819 - Civil Term CIVIL ACTION - LAW PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the defendant, Barbara Hamer, by and through her legal counsel, MidPenn Legal Services, and files these PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT, and in support thereof avers the following: 1. Plaintiff is Capital One Bank, with a listed address of c/o Patenaude and Felix, A.P.C., 213 East Main Street, Carnegie, PA, 15106. 2. Defendant is Barbara Harper (hereinafter "Defendant"). 3. Plaintiff filed its complaint on March 23, 2009. 4. Plaintiff claims that it is owed a balance on account for $3,064.20, plus interest, for use of a credit card. PRELIMINARY OBJECTION PURSUANT TO PA. R.C. P. No. 1028(a) (4)) (Demurrer) 5. Paragraphs 1 through 4 of Defendant's Preliminary Objections are hereby incorporated by reference hereto. 6. Plaintiff does not allege that there was any agreement between the Plaintiff and the Defendant. 7. Plaintiff attaches nothing to its Complaint to indicate, in any way, that Defendant agreed to the terms relating to balance, interest rates, or method of calculating the balance due. 8. Absent such allegations, Plaintiff fails to adequately state a cause of action. 9. Plaintiff's claims that Defendant opened an account with Plaintiff, but fails to describe how Defendant was unjustly enriched and does not include an itemization of the goods purchased, information that goes to the very core of Plaintiff's claim. WHEREFORE, Defendant prays that Plaintiff's Complaint be dismissed with prejudice for failure to state a cause a cause of action. PRELIMINARY OBJECTION PURSUANT TO PA. R. C. P. No. 1028(a)(3) (INSUFFICIENT SPECIFICITY IN A PLEADING) FOR FAILURE TO PROPERLY PLEAD ITEMS OR TIME, PLACE AND SPECIAL DAMAGES 10. Paragraphs 1 through 9 of Defendant's Preliminary Objections are hereby incorporated as if fully set forth herein. 11. Plaintiff claims that it is owed a balance of an account in the amount of $3,064.20 but attaches no exhibits which support this claim. Pa. R. C. P. No.1019(f) requires that averments of time, place and special damages shall be specifically stated. 12. Plaintiff's general assertion of damages therefore is in violation of Pa. R. C. P. No.1019(f) and renders Defendant unable to properly defend this action. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice for insufficient specificity in a pleading. PRELIMINARY OBJECTION PURSUANT TO PA. R. C. P.No.1028(a)(2) and No.1019(i)(FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT) FOR FAILURE TO ATTACH A WRITING 13. Paragraphs 1 through 12 of Defendant's Preliminary Objections are hereby incorporated as if fully set forth herein. 14. Plaintiff bases its claims against Defendant on an account opened by Defendant and use of this account. 15. Nothing is attached to the Complaint, however, of any agreements between the parties, or any list of items purchased by the Plaintiff. 16. Pursuant to Pa.R.C. P.No. 1019(i), when a claim is based upon a writing, the pleader must attach a copy of that writing or provide explanation for its absence. 17. To the extent that any credit agreements between Defendant and Plaintiff, are written, Plaintiff's Complaint fails to comply with Pa. R. C. P. No. 1019(1) in that Plaintiff has failed to attach to its Complaint a copy of any such written agreements or any explanation for the absence thereof. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice for failure to conform to a law or rule of court. Date Respectfully submitted, MidPenn Legal Services By. Geoffrey Beringer 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, being a member in good standing of the Bar of Pennsylvania, hereby certify that I served a true and correct copy of the foregoing Preliminary Objections to Plaintiff's Complaint on this 15th day of April, 2009, by placing same in the United States mail, first class, postage prepaid, addressed as follows: Gregg L. Morris, Esquire Patenaude & Felix, A.P.C. 213 E.Main Street Carnegie, PA 15106 By: )ktf:?-41'4 Geoffrey M. Biringer Attorney for the Defendant 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 FILED-4YFIGE UE TFrE RPIO7HCNOTAAY 2009 APP 15 Ali IC: 8 F? i? + IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff V. BARBARA A HARNER Defendant(s) NO. 2009-01819 AMENDED COMPLAINT IN CIVIL ACTION Filed on behalf of: CAPITAL ONE BANK (U.S.A.), N.A. Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PF_PA_1 to Amended Cmplt Cvr Sht P&F File No. 08-85647 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff NO. 2009-01819 V. BARBARA A HARNER Defendant(s) 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 GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 Usted ha sido demandado en corte. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted fall de tomar accion como se describe anteriormente, el caso pude proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya pot la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad au otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSO A PERSONAS QUE CALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 PA-2 INotice to Defend P&F File No. 08-85647 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff V. BARBARA A HARMER Defendant(s) NO. 2009-01819 AMENDED COMPLAINT IN CIVIL ACTION AND NOW, comes Plaintiff, CAPITAL ONE BANK (U.S.A.), N.A., by and through its attorney, GREGG MORRIS, ESQUIRE and the law offices of PATENAUDE & FELIX, A.P.C. and files the following Amended Complaint, and in support thereof aver as follows: Plaintiff, CAPITAL ONE BANK (U.S.A.), N.A. , is a corporation and for the purpose of this litigation, maintaining a place of business c/o PATENAUDE AND FELIX, A.P.C., 213 East Main St Carnegie, Pennsylvania 15106. 2. Dekendant is BARBARA A HARMER, an adult individual, believed to currently reside at 21 SUSQUEHANNA AVENUE APT# 302 ENOLA, PA 17025-2442. 3. Heretofore, the Defendant(s) opened an account with Plaintiff being Account No. 4388642513036130, for the purchase of good and services. See Plaintiffs Exhibit "A" incorporated herein by reference. 4. The Defendant(s) has/have made or authorized a number of purchases and as of August 10, 2007, befendant(s) owes $3,064.20 on said account plus interest at 28.10 %. Plaintiffs Exhibit "B" is incorporated herein by reference. PA-05B Dl Amended Cmplt P&F File No. 08-85647 Plaintiff maintains accurate books of account recording all credits and debits for this account. 6. Defendant assented to the correctness of the balance by making payments on the account. 7. The Defendant(s) have/has received monthly billing statements from Plaintiff setting forth the nature and amount of all charges made by Defendant(s), and the transactions between Plaintiff and Defendant(s) give rise to an account stated, upon which Plaintiff has relied by continuing to extend credit to Defendant(s). See Plaintiffs Exhibit "B" incorporated herein by reference. 8. The Defendant(s) made payments, but have/has refused to pay, and now refuses to pay the balance due and owing on the aforesaid account in the sum of $3,064.20, plus interest and costs. 9. By making payments and by failing to object or dispute the statements, Defendant(s) have/has assented to and agreed to the correctness of the balance due on the credit- card account so as to constitute and account stated. 10. Despite repeated demands, Defendant(s) have/has failed to make the required installment payments when due and therefore the full amount of the account is now due and payable. WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant(s), in the amount of $3,064.20, plus interest as attached hereto and set forth herein and attorney's fees in the amount of $0.00 with continuing interest thereon at the legal rate thereon from the date of Judgment plus costs. The damages requested are less than the maximum amount for compulsory arbitration as set by the Court. PA-05B Dl Amended Cmplt P&F File No. 08-85647 Count 11 Breach of Contract 11. The averments of paragraphs 1 through 10 are incorporated herein by reference as if the same were set forth herein at length. 12. Defendant opened the aforesaid account. A copy of the Account Agreement in effect at the time the account was opened or charges were made is attached hereto and collectively referred to as Plaintiff's Exhibit "A" and incorporated herein by reference. 13. Defendant is in default for failing to make payments as due. 14. The terms of the Contract provide that Defendant will pay Plaintiff's reasonable attorney's fees. 15. Plaintiff avers that counsel for Plaintiff is not a salaried employee of Plaintiff and that such attorney's fees will amount to an amount yet to be determined. WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant, in the amount of $3,064!20 plus interest as attached hereto and set forth herein and attorney's fees in the amount of an amount yet to be determined with continuing interest thereon at the legal rate from the date of Judgment plus costs. Date: May 04, 2009 Respectfully submitted Patenaude & eli -',O '.C. Gr g L. rris, Esquire E. m Street ne ' , PA 15106 (ul,,2Y'429-7675 PA-05B DI Amended Cmplt P&F File No. 08-85647 VERIFICATION The undersigned, Gregg L. Morris, hereby states that he is the attorney for Plaintiff in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. Counsel has signed the verification at the request of Plaintiff as a matter of time and convenience and because Plainitffs representative is located outside the jurisdiction of this Court and signature could not be obtained in time for filing this pleading. Plaintiff has represented to counsel that there is a debt due and owing from Defendant to Plaintiff in the amount as set forth within the foregoing pleading. Plaintiff has provided counsel with all relevant information in order to allow counsel to sign this verification. Plaintiff agrees to provide a verification signed by Plaintiff upon request by Defendant. The statements are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: May 04, 2009 4*1 ;91. o s, Esquire fiau46 elix, A.P.C. E. PhaA Street A 15106 ie 60 9-7675 PA__01 Atty Verification P&F File No. 08-85647 J d H bl a? tog, N {{{jjj O d o N c? r N A o IL 4gl I I CUSTOMER AGREEMENT Welcome to Capital Ons.® We are ply to open your credit card account This Agreement contains information about your account Please read it and keep it for your records, in this Agreement the wards you, 'your and'yoiW refer to each person who signed the appicatan and to anyone else who uses the amount In any way. Each of you is individually and piney obligated under (his Agreement The words 'wo, 'ue and 'Our' mean Capital one Bank and ft sumeeeom or assigns. We can delay aniordng our rights under his Agreement wkhouilosirs them. Using Your Account You can make purchases and obtain cash advances (d we have told you that cash advances are an option for your amount) by using your card, account number, and any account access checks (Including Purchase Checks, ConvaNanoe Checks, Special Transfer Checks and other simear checks) that we may send to you. When we provide you with amount amass checks, we will tell you whether they will be treated as purchases, cash advances, or special transfers. Unless we lei) you otherwise, Convenience Checks will always be treated all cash advances. Your card or account cannot be used In connection with any Internet or Segel gambling transactions. Your card and account may only be used for valld and lawful purposes. If you use, or allow someone else to use, the card or account for any hxparisstbte purpose, you will be responsible for such use and may be required to tekaburee us and MasterCard International Incorporated or Visa USA, Inc„ as applicable, for all amounts or expanses we or they pay as a result of such imperissihla use. You agree that we are not responsible I(anyone refuses to honor your amount h you do not use your account. you may cancel it by calling our Customer Relations department and destroying your card(s) and account access checks within 30 days after you receive them Cash Equlvalent Transactions, If cash advances are an option for your account you can use your account to purchase Kama that are directly convertible to mash These ash equivalent transactions wil be heated ea ash advances and will be billed to the cash advance segment of your account Cash equivalent transadlons include the purchase of wire transfer money orders, bets, lottery Ickels, casino gaming chips, and other similar products or services, Your Credit IJmK. You were told yow credit gmh when you opened your amount You also may have different credit limits that apply to different segments of your account (suds as purchases, ash advances, and special barulers). These devil( emits WE be Identified on your parkido statement You agree to make purchases or obtain ash advances anfy up $ the relevant credit Imlt We may inmas or decrease your credit limits at any time, may Iml the amount that is available for cash advances, or may exclude cash advances entirety from your account We may honor transactions in excess of your credit emit even K those transactions result in an overYml fee, and those transadbns end fees will be cwvamd by this Agreement Making Payments. You promise b pay us all amcamis due resulting from the use of your account including any finance debges and other charges due under the boos of No Agewnsid Payments must be made in U.S. dol ars. Payments made by a negodable Instrument such as a deck or a money order must be in a korm accepfabis to us clad be drawn rem a U.S. linartdal institution, We may allocate paymerho among the various sWinerre of your aaauM in any way we determine. You must pay at Wool the minimum amount due by to date requested on your Slatemant b avoid a late payment fee. However, you may pay more than the rrirjmw h payment or pay the balance in full. In arty can, Manse Me" fie conamra to be asseased during GNng periods that you carry a balance regardless of Whether or not your statement stows a mildnnum payment due. We can accept lab payments or pardai payments or checks and money orders marked payment in tuir or other similar language without losing any of our this under this Agreement, indudirg our right b receive payment In ful, periodic Stetpment Each month you have a balance In your edx ounk we will Send you a statement showktg all transactions billed to your account during the bIN period. The billing period is the time from one statement dosing tole through and Including this next statement closing data. The statement closing data delerlnes the month of a spedfio billing period. For example, your January billing period Is the being. padmd with the statement closing dais in January. Finance Charge Information. A. Grace Period. You will have a mmlmum grace period of 25 days wilhoul finance charge on new purchases, new balance trsnallim, new special purahaeee and new rather oherges It you pay Your tool New Balance as shown on your periodic statement In fut. - and In lime for It to be credited by your next alaterrent closing do& There '6 no .1 Perim! on cash advances and Wool bander, In addlbo, t you did not pal the tolaf New Balance from the previous bA%ng statement In fug and In Using for K to be credited by your nextstatement dosing da[& there is no grace period an wry transaction. B. Acming Finance Charge. Transactions which ere not subject to a grace parlod are assessed finance charge as follows: .Transaction mode during the current billing period: from the transaction date. .Undated transactions and transactions made with account amass checks: from the date the trarsocUon is processed to your account .Transactions made prior to ile current biting period: from the first calendar day of Oil current bligre period. Additionally, If you did not pay the New Balance from the previous billing period in full, inane charges menus to accrue to your unpaid balance until the unpaid balance is paid in full. This means flat you may sell owe fri charges, even it you pay the entire Now Balance indicated on the front of your stalemanl by the next statement closing date, but did not do so for the previous month. Unpaid finance charges are added to the applicable segment of your account. C. Minimum Finance Charge. For each being period that your account is suned to a finance charge, a minimum total Inanca charge of 60.50 win be vnposad. If the total finance charge resulting horn the application of your periodic rate(s) is lass than $0.50, we will subtract that amount from the 60.50 minimum and (he difference will be bleed to the purchase segment of your account r D. Periodic Reles. We determine the daily periodic rate by dividing the annual percentage rate by 365 and rounding K to the nearest 1HO0,000th of 1%. The rate may be deferent for each segment of your account (e.g., cash advance, purchase, special purchase, and Is special Vansfer if applicable for your amount). You were told IN daily periodic rate(s) when you opened your account and It appears an your stetwnent If E. Calculalabg Finance Charge. Finance charge Is calculated by multiplying the dairy balance of each segment of youremount(e.g., cash advance, purchase, special transfer, a and special purchase) by the correspondig dally periodic rate(s) that has been previously disclosed to you. At the end of each day during the billing period we apply the . dally periodic rate for each segment of your account to the dairy balance of each segment. Then at vibe and of cis Wiling period, we add up the issues of these dairy a calculations to arrive it your periodic finance charge for each segment We add up the to results from each segment to ardve at the total parodic Inane charge for your account it 005112.11 To get the dairy balance for each segment of your account, we take the beginning balance for each segment and add any new transactions and any parodic finance change calculated an the previous day's balance for that segmenL We then subtract any payments or cWha posted as of that day that are allocated to that segment. This gives us the separate daily balance for each eagmentof youraccounl. However, if you paid the New-Balance shown on your pravfous statement In lull (or I your New Saonce was taro or a credit amount), new Imnsaceons which poll to your purchase or special purchase segments are notadded to the daily balances. To calculate your total finance charge, multiply your average daily balance by the dally pedodlo rate and by the number of days In the blling period. Due to rounding on a dairy basis, there may be a slight vadenma between this calculation and the amount of Man charge actually assessed. F. Cash Adtrence Fee, if a cash advance fee applies to your account, you were (old the fee when you opened your account The fee will be charged each time you obtain a cash advance and will be added to the cash advance segment of your account and will reduce your available crecill, The amount of the cash advance fee will be added to other finance charges on your periodic statement for the purpose of calculating the annual percentage rate disclosed there. This may cause the annual percentage rate disclosed on your satemenl to be . greater then the annual percentage rate that was disclosed to you when you opened your account. G. Temporary Reduction in Finance Charge. We reserve The dghl to not assess any or all finance charges for any given blift period. Other Fees and Charges, The foeovNhg fees may be bleed to the purchase segment of your account unless otherwise specified, in every being period in which they apply: late payment fee If we do not receive your payment In time for it to be credited by the following statement dosing dais; ove tni t ice if your account (or any segment of your aaountl goes or stays above any ternpoi arty car Permanently assigned credit brill, even If we approved the oved'met amount, at any Ime during the blehg ode (regardleas of whether you went ova" as a result of a transaction, finance charge, or any other fee or charge.); returned check fee, Imposed every time a etstlc Is returned to us for any treason, or t we cannot honor your acerHmt access checks for any reason; and opying charges for duplicate mplas of transactions or statements unless required for bitg dispute mookMon. These fees and charges will not be assaafed ff your billing address was In Puerto Rico when your account was opened. The fee and charge amounts were disclosed to you when you opened yo uramount It any of these teas or charges are chaggad subsequent to your account openkg, you will be advised of the new amount We reserve the right b waive (hers (ties without prior nodecalon to you. Membership Fee. If your account has a membership fee, it was dlscbasd to you when You Opened Your aabunL The (as wig be btisd to the purchase segmenlofyouraccqunt Credit Bureau Information. You agree that we may obtain your credit irhforalm from credit mportlng agOnciss it any time for the pUMM of monitoring Your credit performance, managing your amount and eonsidark g you for now ofiws and programs. Future Offers. The (arms of arcs future offer will be disclosed to you at the lime the otter is media. If YOU accept sn plot, the terms will became alfectre Immediately unless otherwise specified in the offer. Default We may consider You 10 be In default undw this Agreement i (a) you fag to pay the minimum payment on tsne, {b) you exceed your cedk ft or (c) You Pay us with funds that are M111med (or any reason. To the extent permitted by law, You may aim be in default under Ids Agreement l: (1) you violate any of the other taros of this Agreement or any of The lore of any other agreement with us or any of our alTdiales, or (2) you made arty false or misleading statements on your application, or (3) bankruptcy or other kowhroncy praeadIngs are Instituted by you or against you. After you are In deoull (or after we give you any notice of or right to are the deouh N required by law), we may 111611[1 Your amount hill new trarmeclons, or close your account and demand immediate payment of the entire oulstwhdlrtg beonca In addition, as a result of tun detsult Your minNxxn payment may Increase without advance notice. To the extent permitted by law, you agree to pay all court costs and collection expenses humad by us In the collection of any amount you owe us under this Agreement If you defoull and we refer your account for collection to an annoy who Is not our salaried employee, to the extent paneled by law, you agree to pay mmf'able atWmeye' fees. You also agree to pay any costs we may Incur h ratrieving your cards, including any costs we may incur by having your account placed on a restricted Ilat It You Close Your Account. You an request to close your account by calling our Customer Relations department. You must destroy ail cards and account access checks, cancel all preauthodzed being arrangements, and cease using your amount If you do not cancel presulhorind being Waingementa we will consider receipt of a charge your outhorWon to reopen your account Addflonelly, Your account will not be dosed until you pay at amounts you owe us including: any transactions you have authorized, finance charges, late payment toss, ovaritmnl fees, returned check fees, cash advance fees and any other fees assessed to your account You are responsible for these amounts whether they appear on your account at the time you request to dose the account or they are incurred subsequent to your request To dose the account This may result in charges appearing on your account after you have requested the account to be closed or the reopening of your account if it has already been closed. For example, a you aullrodzed a purchase from a merchant and we eafre the Vansadion from the merchant after your account has been closed, your account will be reopened, the amount of the charge will be added to your account, and you will be resPOnlble for paYmenL It there Is a membership (all for your account the fee will continue to be charged; to the extent permitted by w, until the account balance has been paid In full as domed above. you want to stop an authorized user's access to your emourL you must all our Customer Relotons departmentand destroy the users card (t any) and any Mount across checks he or she may have. If you are unable to destroy that person's card and amount am"s checks, and you call our Customer Relations apartment to dole your account, your account will be dosad and both you and he joint cardholder, if any, may apply for a new account. it we dose (he mount, you and the Joint cardholder, If any, will sill be liable, Individually and gather, for all amounts charged to your account We Cancel Your Account or Suspend Credit Privileges. We may at any ?e, with or without cause and with or without advance notice, terminate this Agreement without bshg them. Changes in Terms. We may amend of change any part of your Agreement, Including padodo rates and other charges, or add or remove requirements (Including adding requirements or the creme or a different nature as the existing requirements in Agreement) at any tee. If we do so, we will give you notice I regtdred by half of a amendment or change. Nodce will be haled to the last bitting address Indicated In records. (However, no notice will be maked It we previously had nolOW you float I account would be subjad to such amendment or change without notice.) Changes to annual psmantege rate(s) wal apply to your account balance from the effective date of charge, whatnot or not the account balance included items billed o the accoad hot the change date and whether or not you continue to use the account. Changes to foes; other charges will apply to your account from the effective. date of the change, Applicable Iiw, This Agreamani wil be governed by Virginia law and Federal law, Sevarablllty. The invalidity of any provision of W3 Agreement shot not affect the Vero of arty other provisions. Lost or Stolen Cards DT Account Access Checks. It your cards or accourd acct checks are lost or Stolen or M someone else may be using them without your permssi nodry us at once by caging the telephone number shown on the front of your pedo statements, You will not be liable In any amount for unauthorWd use of your cards account access checks. Your Bitting Address. You agree to give us written notice of any change in your NO address at least 10 days before the change. Changes may be written in the space provided on the ramidanoo coupon portion of your periodic statement or may be sent the following address: Capital One, P.D. Box 85015, Richmond, VA 232855015. If account Is a joint account or If more than one person Is permitted to use It, you agree all notices regarding the account may be sent solely to the address shown on our bl records. Communications. We may call you (using live operators, automatic dialing devke3, recorded massages) at home or work end those calls will not ire considered unso8dh We may montlor or recall any cab we make or receive, We may release information others regarding the stetus or history of your account as IS more fully dsansad In Capital, One privacy policy, a copy of which has been provided to you We may me inquiries of third parties in connection with malntahhg and cdleetirg your account and you aWhodze such third parties to release Information about you to us, Cardholder BSnefNs. Cardholder beralle may be charged or terminated without n The bersnlo may be provided by third parties: we are not labia for such bansfis or for actions or omisalona of the third "a. U.S. Currency. If you make a purdresa of cash advance in foreign currency, transaction will be converted Into U.S. dollars using Visa or Marb(Carl regulations in conversion procedures In effect at the lime. Visa or MasterCard may Increase conversion rate and keep this Increased amount The rata in enact on Iris conversion do may ddfor from Me rata used on the Irmatiau dote, ARBfRATION: You and we agree that either you or we may, at ether panys sole election, Ricligns that that any Clans (as defined beov4 be resolved by binding eibtration, IF YOU OR WE ELECT ARBITRATION OF A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE 0 REPRESENTATIVE PROCEEDING. EXCEPT AS SET FORTH BELOW, T ARBITRATOR'S DECISION WILL BE FINAL AND BINDING, OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, INCLUDING THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE M ARBITRATION. THE FEES ASSOCIATED WITH ARBITRATION MAY BE HIGHER THAN THE FEES ASSOCIATED WITH COURT PROCEEDINIaS, Special Definitions for this Arbitration Provision. For the purposes of this ar4lrel(on provision CArblradon P~ the MIDwhg de8nidons shd apply In addition to the deMgbns set fad. In We Customer Agreement ('Agreemenrg We; se' and 'our mean Me owner at your aoowra (Capital One Bonk or Capital One, F.S,B.), go parent, and their died and khdasot subsidlaides and aftles, as well as at of their respective employees, officers, directors, Ycensses, predsoomore, awceesas, and allegro. 'Claim' means any claim, controversy, Of dispute of any kind or nature between you and A. This delrrMion lnikrdea; wldrouf fintaf(on, any CIeIn tha(In any cosy erkes lorrh w relates to: -tole Agreement and any of his tennis pncWhg any prior agreements between you end us or between you and any other a" from which we acquired your account -this Arbitration Provision (Including whether 0 Claim is subject to amlratlon) -the astabgehment, operation, or termination of your account -any disclosures, advertisements, promotions, or other communications relating to your aceount whether they occurred before a e8eryour account was opened .any transactions or attempted transactions involving your account .any being or collections matters relating to your account -any posting of transactions (including payments or credits) to your account .any goods or set&% charged to your account -any fees, interest, or other Merges assessed to your account, or their calculation -any products, services, or bents programs related to or offered in connection with your account (including any insurance, debt cancellation, at extended service contracts and arr programs, rebates, towards, sweepstakes, memberships, discounts, or coupons) whether or not we offered, introduced, sold, or prodded them -our receipt, use, or disclosure of any information about you or your aaaun I -any other matters relating to your account or your retatonship with us. B. This defmm'Uan also ¢rckrdas, 47outbtaton, any Claim; -regardless of how or when It Is brought (for example, as an Initial claim, counterclaim, cross-claim, Interpfeeding, or third-party claim) -based on any theory of relief or damages (nduding money damages and any form of specific performance or Injunctive, declaratory, or other equitable rase}) -based on any theory of law or equity (Including contmcs tort, fraud, consgtuton, statute, regulation, ordinance, or wrongful acts or omissions of any type, whether negligent, reckless, or Intentional -made by you or by anyone conmecled with you or cisimhg through or for you (In ftfding a co.eppficant or authorized user of your account, your agent, your representative, your hairs, or a trustee In bankruptcy) 005/12-21 -for which we may be directly Or it dtredH liable under any theory, Indudmg mapondeat supada or agency (even if we airs not property named at the time the Claim is mods) -now in existence or that may ache in the future, regardless of when the facts and cir umetencas that give rise to the Claim occurred orwhan the Clain accrued -made as part of a deal action, private attorney general action, or other representative or collective acdion, which Claim shall proceed on an Individual bass as set forth more fully in this Arblirallon Provision, Arbitration Administrators. One of the following st Mfailon administrators ('Adnministraor' or, colleclively, 'Administrators') will administer the arbiballon., JAMS American ArbitrsUon Assn National Arbttratlon Forum 1920 Main St, Ste. 300 335 Madison Ave„ Floor 10 P.O. Box 50191 Irvine, CA N81D NewYork, NY 10017A605 Minneapolis, MN 55405 www.lamsadr.com www.a ro w w.arblfratbn-forum.rom or You may contact any of the Administretom to oblain information about arbitration, arbitration rules and procedures, fee schedules, and claim forms. ng Election and Initiation of Arbitration. You or we may elect arbltrelon under this Arbitration Provision with respectto any Claim, even 9 the Claim is pad of a lawsufi brought in court. You or 10 we may make a motion or request in court to compel arbitration of any Claim brought as pad of your any lewsuh. We Mill not elect or trdtiate arbitration of any Claim brought in a small claims scud that (or the equivalent), so long es the Claim remains in that murf, is made solely on behalf at an gill individual or Joint account holder, and is not made as pan of a class action, private atfomey general action, or other representative or mleefve action. or You and we must fallow the rules of the Administrator: to Inhiste arbitration. II you Irddate d, arbitration, you troy choose am of the Admkdpbalors, end you must mail us any notice required o by the Administrator to P.O, Box 8585. Richmond, VA 232853550, If we Inltlsle arbitration, we lire will choose one of the Adminisiredors, and we will mall you any ndles required by the ire AcirbWalralor (a yotslastdmo n blNng address. It we have Inflated arbitration, we will charge the Administrator at your request d you no* us In wring al its: above address wNhh fifteen days of the date of any notice we aend you of our IdMaMah at arbiialfan. Procedures and Law Applicable In Atbibalon. This Arbitration Provision is mode pursuant to a transaction Involving Interstate commerce end shaft be governed by and enforceable under 0e Federal Arbitration Ad (the'FAAJ. Questions about whether any Cairn Is sub(ectto arbitration the shag be resolved by Interpreting thlo Ar6ltatbn Provision In the broadest way it may be d enforced, consent with the FAA and Me terms of this Alblbmlim Provision. The.adblrato will tie apply substantive law mtsktent with the FAA and applicable statutes of Mdtelfons. The. s arbitrator may award any domtages or other relief permhled by applicable substen8ve low, but the award shall determine the rights and obligations of rot) the named parties and only wide respect to the Claims In arbitration. The rules and proo>odurn of the Administrator, which you may obtain from the Admhlolmlor, shall gowem-ft arblinsdm unless May conltd with this Arbitration ProNafm In which case fib Arbitration Provision will apply. The arbitrator wig not be bound by, mid this Arbitration Provision shat rot be subjedm, the federal, state. or local rules of procedure and evidence that would apply In any court, or to state or local laws that refola to R arbitration, proceeding:. You or we may have a heartng In arblift5m Any arbaradon hearing that you attend In person, will take place at a location in Mine federal judh¢lof district that includes yaw feet known billing adress or at Some other place upon whkdh.you and we ogres. You or we may be represented by co nsg If you or we request the arbitrator wig honor debas of priv iage recognized under applicable law and will use best shore to protect cordidenUal infodmift (Indudlng through the use of protective orders). The adrlrelor wtti make any award in wridrg and, at the timely request of either party, will provide a written statement of feaedns fo the award, Costs. The parry Inhaling arbitration will pay the vital thing fee. You may seek a waiver of the in ial filing tae or any of the Admlhstrstors other fees (aoMeelively,'Adm)rdstrators Faes'J under any applicable rules of tie Administrator. If you soak, but do not quatfy for, a waiver, we will consider any written request by you lot us to pay or reimburse you far an or pert of the Adminiabatoes Fees. We sies wit pay or mhbtuse you Jar of or part of the Administrators Fees t Me arbitrator delamOrm there is good (seem far us b do so. We will pay any goes and =is we acs required to pay by law. Odgrwise, and except as provided In dda Agreeen6 you and we will beer of of our respeaft two and coals (Inn u ft tine Admhtetreore tees and the fads and costs relating to attorneys, aspects, and witnesses), regardless of who prevals. Allocation of feed --- and mats relating to appeals, in erbldation will be handled In tie some manner. No Consolidation or Joinder of Parties. The anbibatan of any Claim must proceed on an Individual basis, even It the Ctekn has been asserted In a c aun as a class action, private atbmey general action, or other representative or cdkcMw action. Unless all parolee consent nether you nor we may )eln, consolidate. or otherwise bring Chins related to two or more accounts, individuals, or account holders In the same arbibibn Also, unless at parties consent, neither you not we may pursue a doss actin, private attorney general action, or other representative or collective action in erblUson, nor may you or we pursue such actions in Court if any pally has elected arbitration, You will not have the tight lo act as a dssa representative or pardcipals as a member of a class of claimants with respect to any Claim as to which arbitration has been elected. Judgment, Enforcement, Finality, and Appeal, The arbtrators decision will be final and binding after nteen days umloss you or we seek on appeal Of de award by making a written request to the Administrator. The appeal panel, which will consist of three arbitrators, will consider all factual and legal issues anew, will conduct the appeal In the same manner as the initial arblimdon, and will make decisions based on jle vote of the rrojodly. The peners decision will be final and binding, Any foal decision of the arbitrator or of the appeal panel is subject to judicial review any as set forth under the FAA. An award In arbitration will be enforceable under the FAA by any court having jurisdiction. Miscellaneous, Waiver, Severabllty, Survival. If you or we do not elect arbitration or otherwise enforce this Arbitration Provision In connection with any particular Claim, you or we will not waive any rights to requite arbireton in connection with that or any other Claim. This Arbitration Provision shall survive: (D suspension, termination, revocation, closure, or changes of this Agreenladl, your account and your relationship wig/ us; (g) the bankruptcy or insolvency of any party; and (lit any transfer of your account, at any amounts owed on your account le any other person or entry. If any portion of this Arbitration Provision Is deemed Invalid or unenforceable, the remaining pardons of this Arbitrallat Provision shah nevertheless remain valid and In force. in the event of a conihct or Inconsistency between this Arbitration Provision and the other provfsiohs of this Agreement or any prior agreement, this Ardiraton Provision shall govern, a 2002 Capital One Services, Inc. Capital One is a federally registered service mark. All rights reserved. One" I what's in your wallet?' BARBARAAHARNER It could happen to anyone. Make sure you pay the amount due on your statement as soon as possible. Keeping your credit in good standing can aWHOOPEES do a lot more than you think. GOOD CREDIT = GOOD CREDIT REFERENCES 053 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) ®1006 Capital One Services, Inc. Capital One it a federaKy ngistersd service mark. All rights mewed. 063-WI06 PLATINUM VISA ACCOUNT JUL 04 - AUG 03, 2006 4388-6425-1303-6130 Page 1 of 1 Aooount Summary Payments, Credits and Adjustments PreviouaBalance Payrnema, Credits and Adjustments $1,584.70 5.00 Your scheduled payment has not been received. Please remit the amount due appearing on this statement If Transactions $50.37 you have already made your payment, please accept our thanks. Finance Charges $26.93 Transactions New Balance Minimum Amount Due $1,662.00 $96.00 1 28JUL ALS PIZZA & SUBS ENOLA PA $15.37 Payment Due Date September 02, 2006 2 03 AUC PAST DUE FEE 35.00 Total Credit Line $2,300 Your account is one payment behind. Remember that nuking your nfuilmum payments by the due date, keeps Total Available Credit $638.00 your account in good standing. When you miss a payment, late fees start adding up. And nobody wants that. Credit Line for Cash $2,300 So make stye you send in the minimum amount due on your statement to keep your account in good standing Available Credit for Cash $638.00 and to keep from baying extras fees. You were assessed a past due fee of $35.00 on 08/03/2006 because yvur minimum payment was not At your service received by the due date of 08/03/2006. To avoid this foe in the future, we recommend that you To nB Cwtomer Rds6om or to report a lost or stolen mud: allow at least 7 business days for your payment to reach Capital One. 1-800-903-3637 For free online a *"= oereiee and special automer offer, log on to: www.nparlonecom Sad payments to: Send inquirim to: Atte: Remitnme Procdsing CapitelOne Bwk C*PWOne P.O. Box 790216 P.O. Box 30285 St Louis, MO 63179-0216 SLC, UT 84130-0285 Important Account Infornuflon Take control and start paying your bill online for free. Eliminate the bode of writing checks, finding stamps, and sealing envelopes Everything you need to access, review, and pay your bill is available online. Our website offers you a convenient, simple, and secure way to mange your socoun. Visit www capiWone.com and register your account to start simplifying your life today. Finance Charges Pkaresee rewrtendeiBr imj artsat i mwienn nfur Bafmrnsra Penol-t C- t ?r 7 ?t .pp(irdfo rdr lxB l.rltiK PURCHASES 51,313.51 .05425% 19.80% 82209 CASH 5287.62 .05425% 19.80% $4.84 ANNUAL PERCENTAGE RATE applied this period 19.80% T PLEASE RETURN PORTION BELOW WITH PAYMENT 0000000 0 4388642513036130 03 1662000200000096000 New Balance $1,662.00 Minimum Amount Due $96.00 s r« Apt + Payment Due Date September 02, 2006 Gry Sox ZIP Total enclosed $ Home PMne Attawte A- Aceouat Number: 4388-6425-1303-6130 a #9021658945808179# MAIL ID NUMBER BARBARA A HARNER Capital One Bank 435 FRONT ST P.O. Box 790216 Islululrlrlultlrlrl ! APT E St. Louie, MO 63179-0216 ! MARYSVILLE PA 17053-1108 IJLrrrllrndllirrllrlrrlLrrrrlrLrJlrllrrrrrll,IlrJrrlrl ? sirellheillliierLltrrlLrrillriillllrielerLturtlrtrlllrril Fkare witeyota atcmtnt number on yaty cbak or money older madepayabTe to Capitd One Ba k and mail in Nx enlaced mwh e. M te• 2 t1tY? b ? o a e - c _ e h b. I _ o e t f td. 2. Al NINON a. t? 8 O ? tpgp?l 4 A Film. tthato• Had of ,- PerfoAC MW. Ta obtain the average My DNarce far the HRrq pod oawwd by Wa tuWMM wa 4ke Are yna soearrc rc rt rn a ? i ?? ? ? _. h You Its trap PueF?ae a Mw rapemirNman Wece P Nd. Yau row aahefere, rov++Pao p.dd - aM °?' DaNnca of l or ere, am w dY• add?anY ?+' trarwciar m eWi sapnartt and eraet arty Mn°"? lU Me node N appears on the kau Wa edo be reopened. ? u Dean Y? accost wY ttp yA be added m yW aocau[. fy If two N a ' You Your told 'l'Ievr BaWhoe'?r h a wpD 1De hparfam Nadco fo+ p;V L- beNw, . « cr s[aehrwn sad m 'BNanaa Rate AFpHW To: xe aDp abtrack try moaW Mwne chaps inducted F the balance , and you wdl be matareralrP foe Z; u amorart• dis foe "M oMldra+o h tl 4 m y re for N m be havhrkoed W Voter sad aumrhhem he. Thae N no Ilaca Pabd on cash advanoeo eso al HM ced e.) Tadd tl'foa M the daYy W Wbe of eeah Then, vta W all the ddry bNancaa /err Hdi f04n°"t- rrip o m d h d hr 60 F 0/ ai s1yocoh?ua brrics be T d al tralafehr. h aeMNtlm, there a m Q= p haWROW if You do rot p.y the tool Clew 18r Clio Niq pe?md and dude by the total Thom dwo us 0ra adod e DilMq F t Henw grnbang . =k mrrearlon vdd+.rw Fahawsa Nwga. Tmnsaallam whkh are rot > a Rw pnbd - Hasred Yawhae dwge 1) . h of aW P of each sownem awraye daMY ltabn JAM. pAt, 3. a.aal ?aransMlo 'Nwial Pareanags Rata nuy aplrser as he vallawdom 8. IMW Abet FiNerd. PD.ak Corewafon• When You u to o mom a WNdw m Ma"Ado :=Z=.x hanks a orlrtkhm dab of tlr [rah..taon « b ham tlr dos tlhe too?.?d m y?aNU Arcaat a 3) iron the hdaLer nadsd. p,ddtoroNy. ohm T APR' an 7M 1mm of tier sutamad• b. If the tads P fPMhm), L p°mo. UYOR), C iC m of mthe he fro Imm of eieothh> futd Lralabr ?k-00!cdon. Wlwh-M prthaeas hs Now h Wrx Yhdramd am dd MOM a'lms apprmmgof yo? Accoucat? a i!w!m a t -h ?rQ?p° rnkiman yppaEpof?h?NpO-60 wN bs?Fgathow?ra Ifytphe r le bee hM ?f).s0,?ws tiiN abtrarz tNr. 0 30.60aenptkhrianthtan ayhadrtla dfNhahoa wY W to, call F °fawM We i the eve ahW «at Ahwrce dhargr or erW dw^ IahH 1 Now eualaw,. N ealo?atad DY mhalplNng ilia deilY we apply the Ahw? ...e ..,..A.. hoer a ml of Ma Marcos of ssdh W wd e deNv doa.tlahe m? W -up hepr fa a.dt esahwt• We Addh4 Cho assort m strays K the oonl ped?dt _ and ?for?M/hw We Man ?psynwH a hmhdM Poamd as of Ma dr m tlrt ssprwt- Tli dine w tw segos for carte .eOnent of Yaw .ecohsrt. Ilowa fNw Baerhos shown m Vtar Pravwm atl If Your row Drahoal as mYSUrapudheM o ram am ey tra ream - m rdlnNrq err 1 duly beds, e ?a?gqssa aareeMd. a Z?«?N appeem m the from of w..e en,aea To. arem Dapatd. « S ?rhleeud Ptknal appears pedo? the eutarwrt Iliad m ft pedodC min", fhe V E tame and ANNUAL PERLHRAO RATES hney wry QarMV Mt«aw a deaHM beaed Jmoranai Dwe'N?r mO°eiepln geNaMY MEOW eMod..y - Theo riharhgsa ? pahlodc --- erh kdi tie Pm?aM?M Jwuary. AP'N. •k!yy and Q.'taba. c. If the code 0 Wdme), F (,-mo. USOR) « O l3-mo. appsaa m tie from of you UBOR RAP. MW" a atatarnai Chad to tlhs dude nteW the o. a rams P6lCENl`O we mey the wry may khereeae a dedsaH Weed on aced MdoM. H Nord F TM WaJ/ SY/eN.lae01(. Pluo the mar¢n Pre'doulY dedaHd to you. Tlws hi1a11gH veil W hdfaCiw m td Am daY of yaw Nllkq pMOd 4. Aasaaaaerrt of lab, Ovainit tK lWerwt DrfrrwtFar. Raved here ?otcur &MM NW bWrhg wi or not to Wdod• Under hhe s of You ortoma any low W a iea prior or r nUhr .0"nt 10o nano dvo Wn tdtldut wavtV ing a hhu d1a rids to o a0mm aoeeas the Hine e of a alhhilar eta Nta tlhrre. raw Araet• If a nrentDeraliP too epm m flhe ir«rt of We aaeman, you hew 30 don fr«n tr dau Ui. alenhaht car nuged to Vau to avaldpsaMYkq Cho fes a hn m Mw arch fee rsadted to you )f Vou urhed you aacaen. Durkq tlia period, you may cmUhnre to hate your aooorat vdtrat IyvMrp m WY the =,"y." NpIse. Ta cariaN lour arsehan, too must hhhlafY as by WNng o11r grtaner Rdatlar DePorunent V qey your New lr= F tJl W-lUft the membsralip rH) DAa to tW slid of the 1Nny oeypedod. Close Me Monn.tlon f am vow tlw:lA m m.ks an daetmNc aac wd as at H 1DaY1ama &y w Ww paymem, slid you VA not rehtave YOW hiheck bad[ flan your IYterhdel haltuft . &WNO fUGHTS SUMMARY r Ohmatlar AbWA Yeu Bpi) 1n Cw Of Enora .=R Ii you dirk You DN N wring. a N You rhsed more nfasnadm m• tmrractlon a bM, cadre m w m a hhegamm abet r soon as prrda a the a.. W1« IrMdtlee ihoveh m the lraa of Coma .taeeraerhta mu1 hear lion You rho leW=1:0 dew slier v'°iod Vw can. Ara bd m vAich fhs PmNom aDPea pdprraHl eoerruwwt]Mtr ARd? k =W vM W %NW.** Inbrhhatah. vow Iwthe and accaau manlier. the domar aewsn of tre ahhspected alas. + det?iptm of the error and an ahpanatm, if poaMM, of why lau bt Aare b an error: a If yeu toed mere utlon • deecechsdptlon of Ute Item Yto am unwae about. . You do nYo!t?N? It try ere am m pay the pwft of Vw that are not ar nw or ue*Wm ws a..." as d iea any action to Comsat the amaim y otht you question. tNtt• l,t specw RW For Cmdt Cad PuK h"M Ii you hew ¦ problrn vdM ttegWR1Y of ProPomY « u a arodt card ad yo ,a- Will W F ===11 1W problan V" the meml-A, you MY how tin ddt net m PMY *0 mmskdng .moon dos m propanr • vrdma Mmowm can tau can reps re .re alkratad (L R You fleas tar Aaswet. r,= oxcart ri aellkrp Cwlamef fNbtlorre 1? oepamhwht. Ytl mint dou-Y your crack G"s) ad o.M d biMkh d Dromo vw made Nh 1ow lhaM a,N or 360.ttdhw 00 and p ;;W 100 Mae of ytat M AM addam 01 wa ow' at M or N we melted You I dWN Note n fiM (a taau), row l g, xo eccowt ecaer decM, eanc?el d pmahao and cease wing Vou .colon. If you do not urcd rHUtddzed MYng amnpanemu• w. wN wdda B , opaam tom mher a mmgeMeaayopaty a eerNaH. 1 p""M - M amoud at locatlm of pucheeaJ hpade IV ball are We p recdp of a Burge Vour aNnrl:atlm to mopes Ww _ yMr eexteR wU sal W dnM gdddorully tan pear mmember to sign all com4a>dawo• tg aN the rlell nrrrber of y he , . eaoo a d You ZdI amo aie Yal eve w Wckxkg any st t Does sat eppfy to co-,~ non-uadit urd eccasus baimce by the nnesadars teas CAlMmnl fr? mtemed peYmtlm i0aa. C 3 Daas net'APlY m baAWSH nM'air*0 CWd MCMala M F the bfty may bee e adwahx iw and am/ other ter aeaeerrsd to you accoum. You are roalwrlble for two amoume wrhehtheh xhart at the rims you mWeat to pity Omer a4Pom MonTMhNm 1d cY pouNm: we ow 4*WW hAam cam l I M., of the they appear m Yon ac Boas the accohen or they are ==& . weiMm at W Mda mdeNrod earNea mark of Capital 0 a Na aatemem Cory the g:,=. urt to rive e axan _0?e_a?_o?w.atxhM• nt:anwram n of t ta^ °A 3 20 grra Fihwrdal Cotlraatal All ddns meaw0. OoPlul One 01LOL&4K accost the =:73- goMdad it) You sad the Dottan Porten Ot tie tNMnart hck ry nd = ddahMWYS• MlarYrt 31aYaa: Paymama YoU meY to w wRl be «wilted u Y. H of W p.m. kT (1f mom Pn. PIaHa a1Mwr at IeHn Avs h6) WimMS br apmd n the afrcloesd radttanc?e.mwlePe old /2) yes MReam b raxived n os axaaiH of the d. wa moNVa Ihsm. Ott Iarakheea dap am MmdaY traWh PaymerrN rhrdvetl M w a aW othx loeaton a In arW ogha bmpheNmheaYht (n 6ahs eotryddw(Neddeand tw a dhadtW. You audwdzs ua m maim a ona•tkrm alenmric toaMar daMt 1'mh You DahkuYho61. Plow do sae tea tmaliM PaPor q?e• ?wh jlm d aMcla mcalwd dnMq tin Dilkq cyds even R sem by eanems aM. It we umwt potew the vahsler. yw atxohad for M amazed of Yu a a, `,lie au tats bank oc«a% hairhp L the duck a paper draft or other ham. w m make a tdurge +gekw a 596805 on your auto insurance. bang for your insurance buck. with all the money you could save. Call to get our best prices on auto insurance. Answer Financial's+ rate comparison service is fast, simple and FREE to use. 1-877-888-9111 GwmPLATINUM VISA ACCOUNT AUG 04 - SEP 03, 2006 777`"'"I ??" 4388-6425-1303-6130 Page 1 of 1 Account Sutnmaty Payments, Ctediu and Adjustments Previous Balance =1,662.00 1 04 AUG PAYMENT RECEIVED - THANK YOU $60.00- Credits and Adjustments $203.52 2 23 AUG PAYMENT RECEIVED - THANK YOU 100.00- Tnneactious $623.38 3 29 AUG REDSKINS ONLINE STORE CREDIT 43.58- Finance Charges $32.70 NewBala= $2,11450 Transactions Minimum Amount Due $63.00 4 08 AUG MITCHELL DAVIS O.D. ENOLA PA $65.00 Payment Due Due October 03, 2006 5 14 AUG EASTBAY CATALOG NO-628-6301 VA 101.98 6 14 AUG REDSKINS ONLINE STORE 800-519-1733 PA 162.95 Total Credit Line tal Available Credit $125,50 T 7 19 AUG PACSUN #0274 CAMP HILL PA 82.50 o Credit Line for Cash $2,300 8 19 AUG PACSUN #0274 CAMP HILL PA 59.50 Available Credit for Cash $185.50 9 19 AUG JOURNEYS 1065 30 CAMP HILL PA 112.28 10 29 AUG NATHAN'S CAFE ENOLA PA 39.17 At your service NOTICE: Look for a new statement design for }our Capital One credit card beginning am month. To all Cwtomer Rohe- or to nq rt a lost ..W. ard• A summary of the key changes will be provided with your new statement. 1-800-903-3637 For free online am=stmea and special enstoreet offers, log on to, waav apinloncwm Send payment.to: Send inynioa to: Att.- Reanimna Procasing Capital One Bank Capital One P.O. Box 70884 P.O. Bo: 30285 Charlotte, NC 2W2-0884 SLC, Vf 84130-0285 Important Account Information Beginning October 1st, 2006, based on your account activity you tmy be asxseed more than two late, overli=4 or returned eriod billin t d i k f h h . g P omr ur ec ees t a c ng arty G a w ttion r i a Finatlce Charges Pl.areus recaruride jot iinfortaa BdararrmM1r }4riala Carr ab.R j fP r ? t 7 ?t ? 7? t },yM E+ VYlt11( u-+ altn nse ? 7°P' PURCHASES $1,658.96 .05425% 19.80% 827.90 CASH 822.5.69 .054251A 19.80% 84.80 ANNUAL PERCENTAGE RATE applied this period 19.8096 PLEASE RETURN PORTION BELOW WITH PAYMENT 0000000 0 4388642513036130 03 2114500100000063001 v?anp.&r,?.a:r•?a?,.?err-a.??yr e.??x ..sL«ti? New Balance $2,114.50 Minimum Amount Diu $63.00 s <ee Apt # Payment Due Daze Oaobe 03, 2006 City Staoe 22P Total enclosed $ Hom.Phme Ahamte Phca. Account Number. 4388-6425-13016130 ra<,sA4at.. #9024658945808176# MAIL ID NUMBER BARBARA A HARNER 435 FRONT ST Capital One Bank {1{{ {1{1u {{1 ? n ! APT E uw w P.O. Box 70884 Charlotte, NC 28272-0884 m MARYSVILLE PA 17053-1108 {..LI11J.1rLll...L.LIl111d.11.L.L.L.{1..11111.{1.11 1 1...1{{u.{{{uu{.1n111u11111111111111111 1 11 111N111 1111 Pleme viweyonarmumt nwaber on yoar dank or money order madepayable to Capital OneBani and mail in the m1wed mwLIpr. Take advantage of this special, free service to shop, and compare our best prices for your auto insurance. Call 1-877-886-9111 today to see how much you could save. Or visit www.capitalone.com/insurance +Answer Financial" is a program of, and Insurance services are offered through the licensed Insurance agency affiliates of Answer Financial" Inc., Insurance Answer Centel' Inc. (California License No. OB99714), Answer Center Insurance Agency, Inc. and through other affiliates. Answer Financial is not an Insurance company. Insurance plans and services are from insurance companies and other licensed related Insurance providers. Not all products available in all states. Rates subject to change. By responding to this offer you may be communicating information about yourself to the company that provides this product--for example, that you are a Capital Ones, customer. Answer Financial Inc. is solely responsible for this offer and is not affiliated with Capital One. Capital One does not provide, endorse or guarantee any third-party product or service shown here. Insurance products are not deposits or other obligations of, or guaranteed by Capital One or an affiliate of Capital One and are not insured by the FDIC or any other United States agency or Capital One. Your decision to purchase lnsurance and your choice of an insurer or agent will not affect your eligibility for any Capital One product or service. Capital One is a federally registered service mark. All rights reserved. Ili ftf? tti t? 8 0551 roF O0 will have a nhbbaen sacs, period of "wtoo cfwss on sew p aeheses, now bakg new aaodr w.dree. and raw odes,. f Yotr uW 'Now adanco" in e Important Ndioe for payments below, o be ctsdte 'by your most statelrnem t Is no grow period on cab advances was. In ddkiah, throro Is ro Qace period a credta atamnrhert atttamci e of each a sachem.' on achy tranaetnbh If you m not pay the tuts Now baladha.' b. Aeaniug Fbama C hags. Transactions w hi h are not f m?ihemdam? a t?ianeaetlmirom tlr da?OS?iMt l transaction Is proeeased to your Account or 3) from the amt calendar day of the craraK 6Wp pe?Ip?, pddtiorWly, If you rid not pay the 'New 6= flan the provia" bMV period In M, nuance chergr cortI to mortar to wy r upald balm rasp the taped balance a paid in fur. Ti near "Nat you m yy still owe rime deq)r, even if you pry the won New Balance, Mceaed on the hart of y not ,ostea m by the rocs afamnan closing data, but des so for the previous mat IA h pdd rirnce charges, am addedfo do somirment of Account. tc. M M. Fim- kar DlAlrq padod_ _ tile amotst Hart one Fe.6a0sministate and the dffererta the be pund- duNw in FMaedC= we reserve the to. T Ra to hoe Isamu any or i mauve charges, for any ti-n 2. A a. tno nrrg Pdool, was apply Una perldk mm ear us I aspeau your axone m tlr Mena of each aeQrwt. Then a the ien,d of the period, am add up d periodic he raanlu of theM lydpeyyyf.alaYllans m ardoe et Raft from each sewfeet tatlve at the totdl?ock made dwpe for your aoauroL To get ft diy balance account, we take === and add new traraafae AW Yb.?:hee 11 that Mo nk. We thent pahey peryma e a oedta posed r of that dry that am Neared to that sepnernt This your accours. If ,sews u tfe separate daily bspralhda Balsla ilhown on you PmNaa sou nm in fi- (or the H you clew halancs was 'an a e aedt arrhonatl' whew trarhaaplar which post to you putlter or 7= ala6ta fir gN°dima ! added to daily balahoea togdh. and dwMprg fhe am by dM mnnbet of tie days Ave the orrart hid cycle. To calculate you torah 3.; and sbtract Y, amargyty noow, are on the elm o:1 f Mim To; Nre also merge b IM balance eeoo, u rr 9w. w t aognan. Rate, may appear as of of ratas and e?orwfrq ANNUAL PERCENTAGE RATES may wry qus?nedy and maY Increase of decrease based on the stated Indices, as food In The Wag Street locate{ Pro to matY?n pnNady dadaed to yqa Thar dUrharghpeess tW be won the Inn day of Ym+ 16N n .la by your pedodc sratanont endnp ry, App, .key and October. e. If the ads D (Pelms), r. (lyrro. UBOR) or O (3? LIBOR ft ".d MonNo appe?m an tine 1md of you atataaan next bib 1140 C rataW, 1hs psdodc ratty tno ma will rgn ptevlonry dsebasd to you. Tfese dethpas b .. p- on de amt mY or raw bprig period each monph. 4. Arasaawnt of fail, Owrpme and Restarted Paynhart Fe s, your aeoeu t we be aaaeasd no more than two of the fees lifted here that occur AwkV arty hNbp peeled. Under the tennis of your Customer agreanent, we ease Stlhe ri?n m vmiw or rhea to aver any feu without ri. romation to you without wdykg our right to assess the same or stellar area. 6. 4n yar AeaaarL if a rnwnbtsrip foe appear on the from of Ols sutenunt, you hew 30 dew iteruh Uhe date this state ens was mied to You to awid psW ib tee or to ha- nth to credted m you if you anal your account. Dtrrirg this peeled, you mmy oanaate to t? you account without IuWg to pay the maMaaNp fee. To anal Ycw aaaatl, you must notify to by calling ear Clrslaln. ROlatlare OepeMlent end pay New Balarea- in fur NxGrdrg the. You non to thlny?day period 8. HH YmewPAa the end of to clot yyoour adsouht by eaBnp ear Qetmder Rotation oeparmum. You must destroy your crodl cordial and -um a- ducks, carnal atl prowdhalzd blphg, and are year account. H you do not cancef prearNndx artaoponerw, we we consider mooolppttlofpa??pyour atNerizadern to reopen be = until you pay all amount t you owe krJWMiw any trarractlano you bw aWwdzad, =c=._ , owed[ ter, rotund , your account tr and any, other fees scored to yew adxwnaht You ere reapahtbs for theme amaar whether duty aTmr on you %e omen in tb are yyuo request to tier the account or toy am boomed aWrghwn to you rePesf to der the account. This may rows In atxxaat feat been closed, yar ameult ab sea pOned, due anwt of the .=r be added to your account, ra?nwdrwpi b r paphsm. M throe ls e to be draped, m dteatdsr nktod by low, uW tics secant bistps hats been in M w dNMd above. 7. Yew Asaehaht.Yor aM or account cannot be u.VM with any interne[ g u ulag . S. aatlsa Abort 51 1, Cheat Corwaatsh. When you pro.Ma a duck as payment, yea aut hodze us ether to umer Information than your I ' to electronic had trorr fern Your make c ont or t pacer the pa r • dud trs bank dm. When - p UNG, kdomtarlen hear yar duck to make an ebdnork fwd tntrar, Ards easy be widalim t hoar yrar bNt account an som Y the sane dry we me" ydr WYmem, and yea veil n ihstiltslon.ot recelve your dneek back from your IkhttJS BILLING RIGWS SUMMARY (In case; Of Errom Or Questions About Your BIN) Ii you dhWt you hpl b wrong, or H you nod mom bbrtalon on • traerdan a bill, writs m a m a squats ash ee as soon as poaiM at the address to bpririas shown on the fret of dim sataaent. We must hear from you no later than 90daye after we sad you the Amt ltM on vlridn the sea ass peblent appeared. You can cap out Qnorer Relations frnber, but doing so will not give k1lovft m am:rorY?"yar rwteti. a`.ooo:n m .newer, non dollar amoau of the aapaated area, • description of the meter th =-. dah, H pesMMe, elWry you ==Vs e non , yaw If am u uruedrae more .Dad. . You a d? your You w do n at now to to pay arv pay ZX fre of In wo mRat delinquent or taiu my action to collect tie mourn you question. t,t Species Rule For Cmdt Card Pumchmm If you hero a pmMern with the quality of property or aervkes that you puarlhaad vMdh s nw?n ? hew tied b good altlh to careat du you the merchant, you may have the ddn not to pay the mmNrdnp amoraa duo an to p?pany a ssMer. You hate title 'p ?soNV wMn 1M pudnra pia wr Cuero than Mau WHW 100 k of your p III nradeadASSk Of we own or or operate the merchant, or if we mied rou the adverpaarwn for to prafwty or sailor, all ptadesee areX"md metetda ooffianatm = of purchase.) t foes not apply to conawmar nor-ned8 card accoints It Obaa not apply ro aoeheas tai-craft Id accounts Pdwcy promotion: more out rod sertks mark of capital ha reserved a 2003 O1LOL9AK perm. us, m rouhang on a do ealatdon ad the ammat fry sass, tiara nhlV b eof apdt vsdrhmbetween b. ==?. r N m ion of as stetan M rhos m '&laee pate Applied To; we mukk ly to b erncla ":: PPalplan a you mall to der will be credred to you moment as of the business day we rowiw I provided 11) you sad the bottom portion of thls sunamoan ono your deck werice .m lops NO W You ps)n,.9; roalwd b w C- pskub -Was by 3 p.m. ET it noon Pr). P. abw at low mew ry) buiuw dap br petal flat Pa u n env faro may rqt cndbsd_ u of *w°we ncOw ehan. Outbuffer dpa amMondsvasaW h Sabods , okrdlg hidsp. ." ysnenma "°`u mo»""emaivW by of °m'0 arty o°ae°?.9. location a In P'i""" lpnmaai"sdaala u a d ee' w, you .gdrd:. n. m m.k.a ah.,ae w.atrmta H. abr aaDR Xam ymt bw the tranar, yw autlod:e hem. the w m make • dA'W against: your b* agwunt using the chodi, a paper draft or mho berg cycle even H sere by swneahe else. If we comet Proesr, I / First 3 months half-price a mon" 4 7 $9.95/mo. ntereatesr SIGN UP TODAY! 1-877-778-1207 Mention Offer Code: ONYX Or visit www.peoplopc.com/go%onyx Roftj Account S itewus balance $2,114.50 Payments, Credits and Adjustments $120.00 Transactions $54.26 Finance Charges $34.82 New Balance 52,063.58 Minimum Amount Due $62.00 Payment Due Date November 03, 2006 Total Credit Line $2,300 Total Available Credit $216.42 Credit Line for Cash $2,300 Available Credit for Cash $216.42 At your service To all Customer Rdatiom or to report a lost or stolen out- 1-800-"3-3637 For free online aaootun senior and special outomer cffen, log on to: w xioitalonc.ra Send paymena to: Sind inquirin to: Attn: Remittance Proeening C." One Bank Cmoal One P.O. Box 70884 P.O. Box 30285 Charlotte, NC 28272-0894 SLC, Ur 84130-0285 003 peoplepc• online ?./ A better way to Internet. PeOPIsPC Online offers the features you would expect from higher-priced Internet Service Providers at half price for the first 3 months! ® Email virus Protection ® Pop-Up BlockerTM Spam Controls Smart Dialer Phisher Security Internet Call Waiting PLATINUM VISA ACCOUNT 4388-6425-1303-6130 SEP 04 - OCT 03, 2006 Page 1 of 1 Payments, Credits and Adjustments 1 02 OCT PAYMENT RECEIVED - THANK YOU $IM.00- Transactions 2 24 SEP REDSKINS ONLINE STORE 900-519-1733 PA $27.23 3 26 SEP REDSKINS ONLINE STORE 800-519-1733 PA 27.03 Finance Charges Ptearem rrwaendejar iarpar mt sgkrsrdm f ad~r,* ysad?? RrieJv - AI41t qPPdW1- 11* PURCHASES 81,851.31 .05425% 19.90% CASH 8288.21 .05475% 19.50% 830.13 84.69 ANNUAL PERCENTAGE RATE applied this period 19.90% PLEASE RETURN PORTION BELOW WITH PAYMENT 0000000 0 4388642513036130 03 2083580120000062007 New Balance $2.08358 Pkr firietmnrogrdarmmd/ore-mattdaegvklowwmrjWwnbtrk mi Minimum Amount Due $62.00 sheet Apt. # Payment Doe Date November 03, 2006 Gq Situ ZIP Total enclosed $ Account Number: 4388-6425-1303-6130 Home Phone AWwte Phone p Faun Addme #9027758945808171# MAIL ID NUMBER Capital One Ban k BARBARA A HARNER 435 FRONT ST I P.O. Box 70884 llnnrllrllududl APT E Charlotte, NC 28272-0884 ® MARYSVILLE PA 17053-1108 Irrlrllttlutltllrrrlrrlrll lrrrlultlulnlttllrrlrrlrrllrrrll ° ? Itrrlllrrrlllrrrrltlrnlltrrrllrrrllllrrrlrrlrlrtrllnrlllrrrl Pleareunteyova xwnrmbnonyowdwAormoneyordnmakp9whietoCapitalOneBankandwailintheauleredmwale peoplepc® online u A better way to Internet. UNLIMITED INTERNET ACCESS SIGN UP TODAY! 1-877-778-1207 Mention Offer Code: ONYX Or visit www.peoplepc.com/go/onyx PeoplePC is solely responsible for this offer, and is not affiliated with Capital One. Capital One does not provide, endorse or guarantee, and is rat affiliated with, any product or service shown here. Any trademarks mentioned herein are solely owned by the respective entity. AN rights reserved. By responding to this offer, you may be communicating Information about yourself to the company that provides this product - for example, that you are a Capital One customer. TeoplePC Online: First 3 months of service are billed at $4.97 a month; $9.95 a month thereafter. Offer available to now dial-up subscribers at least 18 years of age and may rat be redeemed with any other offer. Offer subject to change at any time. Phone technical support available for $1.95 per minute. For questions, call toll free at 1.877-778-1207. Service not available in all aress. 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AN rights reserved. 8 O qM, o d? gases Pr" You wM Mw a mkwntnt gram period of 26 davo vridwut artsroo drroo m row puNrses, row bahnoe "rostra, new spachil Wetness and now other tl esd0. if a s you pay voter tool 'Now Balance% In eceondres vNM fie hyrtrt Notice for Payments below, and h dons for It to be ostead by your next statement e N pepedM trrrfers. h ad?n, U?ate h Qraoe period m are trrrection If You hb not pay the mti New Aaas dhg Estate Chrgs. 7rawacdiona which are not s[gect e a gram mold arc reassessed erh¦eo txwree 1) the you pay me arrr ya edaratr[trd b are added m rim u Madmen libraries =- Is. RKAJXE a tad Is - dw mm fthe 11 baled to tiro Pled td. Tsgrry Rsda dk?[t nnaaaar 2. A a@ sbd. a. Rrwnce dame h scan e tat of at did :=V-So, we =deract tat 0.50 min ntun and the dfhrerhoe w11 be r sepmr[ of soorrr. n b Raw We reerrw Me any «M arwnm doges for any g1wrh 1 Iktsktild Nwv Ptrd-1. alotlated v mdtldWq the daflv vas appy, cca rice =b.= rate tar sax ant to rive of oath the and of the , we add tip e dnll ariaastlerr to amw n ad 'e rge each sernem. Ws d rip the we psynwo «aedita pates er «tthr ery cart are aloutr W art aegnat TNa gve0 us the sapareta dairy balance for each aegnhent of vote ateauhL )beset, if you void If Now Balsree slhorrn m yon prevksw atahnhent in Rle (« H yatr raw 6alahce wr zare « • soda --.0, raw transacdlar %#" per ta w, p[rdrr « spedi orsnca o earn aepnarn earn ceY. am any new tar to sett a see and wdtracl arty psy?nme or credh. (H the Dods rappears an the front of v slownent naxa ft -6"" Roo ARAW To; we sled subtract arty updd en - charge inckeled h the balsas of each aiimart.) Tile giver use the dairy balonce of each eBOh aa' Than, the vas laid ==== ?d: etold each number of days in the w the aver+ge dilly balors" of each segment. 3. Amad ?rerdps Run (APRs. a. The term 'Moor Percentage Rata' may appear as 'APR' on to from of this statatrertt. b. If the code P (Prima), L (3- LIBOR), C (Cerdecate of from U? *netarwn necd to the periodic cauhl, the periodic rated and ANNUAL PERCBITAOE BATES may wry quarterly and Inca, so or deasere based m to stated kxlces, as fart In The Watl Smart Janie(. " the marWh psNattdy disclosed to yaL There tlhrhpe? will be w m the snot day of your to, -scrod W y'ar peakift sutrham odng ry. Mro, M and October. e. If the code D pzrime), F (1-mo. LIBOIn .0(3-. LIBOR Reprloed Marhtihy) w m the troht of yea mtamam 0 m thsrneW the parlode ratan and 17m ay hWJz?ardeu?maee based on tla Wallow, Wag Jas tmargin PnaNawy?disclcloseedd to ou?Tlan dwhgap? Wr be steel" on to east day of yea til rg prod each month, 4. Asseaanat of Lab, Owdatk red R.amad ==% Your eeaoaht v.N be a eramed no mare than lined hero that occur during arty brig pared. Undo the terms of V%r aobmsr agreement, wa wow the right to waive or not to stet any fees Wtho t prior noaeeatim to tsthout wahang our right to assess the tame or similar at a Incur there. 6. Yv Aamut. If a membeaNp fee apperre on to }rarht n this staha , gu law 30 days from the dare tlhs natment was mated to you to avoid paying the is* ce to law rah fed credited to you if you conool your accolre. Durkq this period, you may continue to tw veto a -Le" Wilms having to pay the membership fed. To cancel yore scooted, you must notify w by aging or Customer Roletore Depenmam ad pp yyr r'him Bal nce' In file (excluding the mrmbsasllpd tee) prior 10 to end of the thrtY-dsy Period. & H Yet Close Yetr Aeerat. Yw can retpe rt to con Zaccout by calling our customer Relations mat. Ym must destroy, yet credit card(s) ad accost access decks, cancer all preaWedzed being, ed hear uFp yw accaut. It You do cwt cancel praaudedzed hirrg anarganots, ws vent coulter recafpt of a dhsgs yea atraerizedm to and you pay all snarYort you ova Including: rot be tl y baurornae al w laarrh0va r isr Whr n roee dhaarty o ir fires, uil pan due fees, , owaln cash advance feu and d any m laiumad lafwd ly Wyntem tees, otibl fern arm s to you accotat. You ere responsible far tMr am smatter Wanton hay appear m vnr eccalrt at the time yyoauur request to deed the accent « tray are keurred aldseperht to you ngrra to don the acoolsht. Thh may real[ h charged ap?saMq m 1'0o accent afdo. you._ ha_ Jv° _. Year accord If it hor akeady been closed For solo spiv, r or adntQd a purds a from a I reachest rd we ramie the tnrwaalon ftan the mad -- t afar your socant lw been dosed, your account will be reopred, the secure of the charge, sN be added to your acerrt, a card yw'os?trrwYip be rsapntrgs for Payment. H orris is accosts' fee for Vote ths to be did, [o am,* by Inv, Wag 1M atmount bites hr bean prild In N r dented M.- 7. Usft Y" Aoomd.Yow card of accotad cannot be used In whet any kK~ gardang transactions, 9. Mobs Arent Ebdmnh ahaak QmrsYn. When yw provide a cads as payment, you autedze u sale to tae Information from yotr dock to make a onTtna electnorde ftrld transfer from your bank accohat or to Process, the Payment ed . twit trara4Yla1. When - Ire Menma ion from yele dtaCI[ to a." an eteC[Mlh krhd transfer, Ards may be Wifickawsh front vote bent somtat n soon n the cram day sea recohm yar =%"" you wr rot ve Yous cask back ft. khatnrtlorh. BIWND ROM SUMMARY (h case Of Eaore Or Oussarw /Wets Yw Br) If you thhlt yar br h wnog, « If you nest rtt«e Intamedan m . vacaacrim «br, vehe m to m . saParaw elan ed assn ed faasirs of ow adored f« ktglader harsh on the front of the raewmt. We nttot tar flan v m later Man SO do" after vre am you the Ann bill m wNM to actor «faorrn appeared. You cost cal our Qletarttar Rdaaaw rerrtbst burl dokhg r VA not m1om[racr tentative to sea seerror, arcane mcipba, to es nd ogle to ilcm If pe a description of f rife anon one an sxpl ssade, m vou =tlaro h th error; If f vast H pa lea awed more h a of the from you are habeas abauL You do rho lum ap?y ary Alt t are edl to PsYribsW are ofytotr that arenot auera - ki-odgete your quaodmk we cam mount Yet; aaaloorare «U hoe arty region to Cassel the 1,t Special Ikle For Credit Grd Purchaser If you taw a problem whit to 9sol ty of property or edMCes clot you vdeh a ctadt um and you hew tried h iNth to cenred the proton whh Mq meMam, you may haw that right net to pay cue reaidrlg amen dus on do po?ty or aeNOerieau. You law this protaeeen acv wfwrh Ms ptrdhaMmads In lad rwma wu or 660.00 and the vo er veer within 100 nleea of d If we address. val M we own or GPWM to mtHdw yoham. or opHMy pfmY f are covered rogodeer M arann T. of pudun.) Please transcriber to air an cormspo dahu. t Does ref apply b eonaumr nao cmall r easy accoura 3 Does or apply ao boaerass r -craow cart/ -c haft Privacy Protection: ser " ad service mark of Capital tae reserve(. 0 2003 01LOLBAK period Due m m[rdr n oh s ? of th days o mry berg algt vadaw bstwaen thin ciWdm and the reactant of (hors==::=-:-n" b. If rile from of this saternat rota to 'Bahasa Rats Aodd To.' ws r aldoh, the hkrpMMr der; P you mod to tar we be credited w year scomon as of to business, day vve reoiw 2 provided (1) you sand the bottom pordah of tilt natwnad and vow dwelt ad. ad nookcancof riMape and (2) your p.tma? h rec*wd h our aorwire cant by 3 p.m. Ef <12 rhwrh Pr). Reaw slow at least eve (e) b[rkeo days for perhl dslverv PaYarsma received by us an any odor locetorh a M airy oghr iorm tray not bs ctdited_ w of tM d?ayy, we Nmive then. Ott Wolfson days am Monday V~ Samrdoyy, roduc ry IhW&ya Pear do nn tree staphs paper d?a ate. wMn pspsrkgspewyour pe When you send M a dhseltW. you aWwdae too to make a onetk-as decd al? trawler d" hem Yr[r DNt aceoun tar to amwd of the cMckTfda audwdzauah to N dhacb received daring ft being cyds even If era by samaau son. If we cannot promer tM wmke, wu and cdze w 10 mks a dare against vow bank accart using the cock, a paper draft « other Han. I / First 3 months half-price .0110 a xx ti ; 4 7 $9.95hno. thereanar• SIGN UP TODAY! 1-877-7784207 Mention Offer Code: QUARTZ or visit www.peoplepc.com/go/quartz 500016 peoplepce online i A better way to Intemet. IPeoplePC Online offers the features you would expect from higher-priced Internet Service Providers at half-price for the first 3 months! 19 Email Virus Protection Q Pop-Up EllockerT11 .V Spam Controls S' Smart Dialer Phisher Security Internet Call Waiting FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date $2,083.58 - $100.00 + $35.80 + $91.50 = $2,110.88 $63.00 Dec. 03, 2006 Oct. 04, 2006 - Nov. 03, 2006 Page 1 of 1 PLEASE PAY AT 1W TMS AMOUNT Visa Platinum Account 4368.8425.1303-4130 Your Account Information TOTAL CREDIT LINE $2,300.00 TOTAL AVAILABLE CREDIT $189.12 CREDIT LINE FOR CASH $2,300.00 AVAILABLE CREDIT FOR CASH $189.12 [ANNUAL inance Charges (Please see reverse for important information) Balance rate Periodic Co oor?Ing FINANCE applied to rate APR CHARGE urchases $1,841.32 0.05425% 19.80% $30.97 ash $287.08 0.05425% 19.80% $4.83 PERCENTAGE RATE applied this period: 19.80% ® At Your Service 1.806 963.3637 To call Customer Retail= or to report a lost or stden card 0 Send payments to: Capital One Bank • P.O. Box 70884 - Charlotte, NC 28272.0884 A send inquiries to: Capital One • P.O. Box 30285 • Sall Lake City, UT 84130-0285 Payments, Credits b Adjustments 1 28OCT PAYMENT $100.00- Transactions 2 18 OCT METLIFE AUTO&HOME PREM 8004224272 OH $91.50 6056 506 1 7 3 061103 PAGE 1 of 1 01BC6056 PLEASE RETURN PORTION BELOW WITH PAYMENT 0 4388642513036130 03 2110880100000063001 CapillalQr" I what's in your wallet?. Account Number: 4388-6425-1303-6130 New Balance Minimum Payment Due Date $2,110.88 $63.00 Dec. 03, 2006 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed . Capital One Bank r?rt?tt??rrr??r?rrr? P.O. Box 70!64 Charlotte, NC 26212-0884 6EItIItrIntu11n1u1u11ndl Please print address or phone number changes below using blue or black ink. Address Home Phone Altemate Phone E-mail address Q e9030&S&94S&06174s MAIL ID NUMBER BARBARA A HARNER 43S FRONT ST APT E CAMP HILL, PA 17031 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. peoplepc® online A better way to Internet. UNLIMITED INTERNET ACCESS SION UP TODAY! 1-877-778-1207 Mention Offer Code: QUARTZ or visit www.peoplepc.com/go/quartz PeoplePC is riot affiliated with Capital One and Capital One does not provide, endorse, nor guarantee and is not debts for any product or service shown here. Any tredemarla mentioned herein are solely owned by the respective entity. All rights reserved. By responding to this offer, you may be Communicating infommfial about yourself to the company that provides this product - for example, that you are a Capital One customer. 'PeoplePC Online: First 3 months of service are baled at $4.97 a month; $9.95 a month thereafter. Offer available to new dal-up subscribers at least 18 years of age and may not be mderned with arty other offer. Offer subject to change at any time. Phone technical support available for $1.95 per minute. For questions, call toll free at 1-877-778-1207. Service not available in all areas. Access fees, taxes, and other fees and restrictions may apply. Telephone toll charges may apply, even during trial periods. You are responsible for determining whether a call to one of our access numbers will result in telephone toll charges. Access may be limited, especially during times of peak usage. Dial-up numbers may be charged at PeoplePCs discretion. Continuous use subod to Itmocult procedures. All use is subject to PeoplePC Online's Services Agreement and Acceptable Use Policy. 56K is the maximum speed of service; actual speed may vary. 0 2005 PeoplePC Inc. All Fights Reserved. PeoplePC Online and its logos are registered tradernarks Df PeopIePC in the U.S. and other countries. C 2006 Capital One Services, Inc. Capital One Is a federally registered service mark. All rights reserved. 7. Hew to Avoid a Finishes Charge. t e. Oran Paris& You our have a mininwm grace period of 25 days wleew fiance charge on new purchases, new be[.- tronalee, new special purchases and new od- dorgee N you pry your WW 'New Balance', In accordance with the Important Nods for parrot s below, and In tone for ft to be credited by your nod Yahment closing dos. Theis Is e grace period on man advances and spatial baheram. In addlim doe k no grace pedod on any transaction if you do not pay the total "New, belana.' b. AeeuVing Finance Charge. Troneactans which are not subject to a grace period are mass mew finance Berge 1) Rom the date of to tahescion a2) frern the data Ma transaction is processed to your Account or 3) from to first calendar dry of the rxtent bOV period. AdtlRataly, ayou did met pay the "Now SW~ from the previous boiling period in full, farts charges contlna to wane to your impact balance uno the unpaid balance is paid in full. This mere that you may still owe finance charges, even il you IN - to entire New Baerhoe Nhdkaeed on tie form m your staiamant by to old stalarnsm cicstng date, log old not do a for tie previsus mach Unpaid rinses dupes use added to the approsbas segment of your Account. t e. Onhrran Films Grrge. Fa arch Ning peed del your account is subject to a finance delta, a ni krnrm otal FINANCE CHARGE of 90. So will be Imposed. t d. Temporary Reduction In Ilrtance Charge. We rmsrva tie right to not. .so any or ati hence charges for any given Wing period. 2. Avaags Daily Balance gnchrding Now Purchases). Finance dep. is calculated by muRplytg the dal balance of each sapnent of your account (e.g., cash advance, purchase. special ba & and .pedal purchase) by to wra.podig dry paedo moo(s) tot has been previously disclosed to you. At the and of each day dobg to boiling period, we apply to dally periodic raft for each segment of your acCmUnt to the dally balance of oath segment Then at am and of to being period, we add up the malls of Chess dally csWedahs to onto at your periodic Mena dope for each sognom We add to the mess from each segment lo arrive at the total periodic arena charge for your amain. To gar IM daily balance fir each segment of you stadlat, we NOW the begknklg balance for each segment and add any nnvarnsacesns ad any paioac fiunca charge, aldlaed on I m prsvb m days balance for that aegmenL VVa than outtrad any poyrrionts or credits posted as of tad day our am allocated to tot segment. This giwes us the separate daily balance for each segment of you account. However, il you paid the New Balance shown on your previous statement In of (a N your new balance was zoo or a creM amount), now banesetian s, which post to you purchase or spell purchase segment n not added to the doy balances. We calc late the average daily balance by oddkg of the duty balooa ogetlor and dividng the sum by the number of the days in the current blhg cycle. To calculate your total finance dope, mulkdy your swage daily banana byte dry pododle rile and by the mumbo of days In tie Wig period. Due U, rounding an a daily basis or due to minrnum finance clone wessmort, dire may be a variance between ids alculation and the amount of An- rh.W warty assessed. 3. Annual Percentage Rata (APR). a. The U.. 'Annual Percenage Rote" may appear -'APR'- use front of drb xtetan mL b. N the code P (Ouarery Prims), L (Quarterly UBOR), C (Quarerly CD). or S (Barkard Prime) appear on the front of this seemed nod to to pamlotlio role(s), the parodic rates and ccrr pondkg ANNUAL PERCENTAGE RATES may wary quarterly and may kxreasa or darsaes based - the shoed irdions,"found b The Wall Street Journal, phis the margo previously 6sdosed b you. Thais owi ga wil be Ishii an the Mt day of your billing period cowered by your periodic statement ending In the months of Jamey, April, July ant Ocloba. a If on cods D (Monthly Prime), F (Monthly LIBOR), a G (ressury LIBOR) appeae on the from of your at&~ next to the periodic rte(s), the periodic rasa and taespbotng ANNUAL PERCENTAGE RATES may vary monthly and may mommas or decrease based on the stated Indices, as fowl In The Wall Sbesl Journal, plus the margin provW Wy disclosed to you. These charges will be effective on the first day of yaw Wag period each month. 4. Assessment of Lent, OvrImN and Ranted Payment Few. Under the tame of your customer slimoonard, we reserve the rght to valve or not to ataso rury fees without prior notMaeon to you without waiving ourright o aseeaa the same a simNar roes sla later came. t S. Renewing Vo rAaoonl If. membership he epp- on the front of your natemaK you have 30 days from the data this aatarmnt was melted to you b avoid paying the fee or to have won fee asdled to you if you ancel your account without having to pay the membership fee. To ancd your account, you must notify a by callkg ow Customer Relations Department and pay your'New Balance In full (excluding the membasNp fea) prior to to and or the W r"y period. 6. N You Goa Your Aeeeum. You an request to dose your account by csling our Customer Ralatae Department. You must destroy you credit cordial and account accees derAs, canal all preaudwrized bBrg and oases using your account. After your request to does. N you comae to banned a do not anal DmaNbdaed being smangerrents, we wad consider moeyt as charge you authorization to keep your amount open. Addiliondy, your amount will not be closed until you pay s1 aroune you. Uwe us including: any tranuodons YOU haw authorlyed. Mena charges, past due fees, ovalmk hies, rMxted payment lea, ant advance fees and any o1wfae unusual to your sooourd. You use responsible W gets smoume wined- they appear on your notlunt at the ems you request to dose the account or they am Incurred subsequent to your request to close, the account. This may result in dorilae appearing on your account after you hew requested the account to be dosed. 7. Using Your Account. Your all or account cannot be used in connection wkh carry Inlemet gambling Iraeaaoe. B. Notice About El.ehonlo Check Coaeralat whet you provide a check a payment, you authorize us either to use information from your chock to make a arse-came electronic fend borderkom your bank account or to prams the payment a a chock temaabn. when we use hb m m from your Gedh to meha on stacliArd oaafar. funds may be wlt~ Own you bank socourd as soon as to some day we ra eive your payment, and you will not racehre your check back from yourhwidal InstNu6m. BILLING RIGHTS SUMMARY (In Case of Emon or Questions about vow DO) If you Brink your bN Is wag, or If you need more information on a bam-M n or bill, ore 1. us on a aporats aloes as scam as possible at the address it imi uk" an- on use front of Ibe statement We most hear fiom you m IOW den use days Mar we sent you the first bit on which the error problem appeared. You can coil our Customer Reladons mambsr, but doing so will no preserve you nghs. M your IoW, give us to blowup Infpne'on: your are and account; nabs, tie doer amount of the suspected am, a dsarJlpton of tan aura and an exposersYon, it posita, dwhy you believe tae Is an error, or if you need more i konvastien, a description of the Ram you m unsure about. You do not haw to pay any amount H question whie we we Inwatlgaft ft. but you are still obligated o pay the pas of your bill that are not In question. Wrie we bleabli you Wesson. we carvet neon you se dathgrant a take any acbm to ooaad the chant you gwshorl. t, t Special Rule for Croft Card Pwdmmm N you have a pmblern with fan queft of property or sewtas ohm you purchased with a credit card and you have tried in good f vin to cored the problem won the mrerdhant, you may have the right not to pay the remalhkg arnant due on the property or arvbes. You have this pnotadlon only when to purchase price was more own 550.00 and the purchase was mods In your home uses or within 100 mile of your among address. (111 we own a ogee do merchant, or If as ma ed you pre adwrloament for the properly or servlas, all purchases use covered regardleea of amount or location of purchase.) Purse mmember to sign off rrm-poritame. t Does not no* to cons~ tuner cmdY card accoxea 1 toes not apply to business naFaedg cold accounts Capital One suppers irformtion privacy protection: see our wanks at Yelelf. Capital One Is a fadeay registered service mark of Capital Ohre Financial Capoeton. Ace rights reserved. O 2005 Copkal One Ot BC5056 - e - 12/21M Important Nstks: Prymens you zest to us we be mftd b your aoornt as of tie bushels daym leant ft. praUSd (1) you sand to botbmpodmcWareOwmMandyxrdmarbaachedrenealce snw,pa andp!)ympsymosa hosahsdharproca I crow by 3p.mET(12 roan Pr). PealsribsatWM*n(5)bueslsdrysfwpaWdWWV.Psyrrsa mokwebyaaartyotrbcOmmk any oter form may not be crud ells of a days moshm than. Our Warsaw dole as Monday tsaugn SaudiwWhp I1o11 1 s. Prove do rot w sspka, peps clip, cab. Wes pepesg your payment. When you sad to a clock (o), you adbalm e b mesa a ah-0ns ekababotlwe dobk*on your boric account fate nnoneslte dirk Tha&*n*Wmspoke to of doe I m.aelod istgtls boiling crda can runt by'onscre obe. yes and prorrs as baafa, you a sh rbe win nob n doge agerstyan bare aacmt Iahlp tie docK s powdrM urorhsr rem. ock In a taw FIXED 744 OAPR* today ?? with a Home Equity Loan from Capital One® ¦ ransoYdnto debt, make home improvements, ¦ too%tax-doductiblo Interest pay car loans-you choose (check with your tax adviser) ¦ Cl your loan in to days or less ¦ $0 chain` cost options available QU your personal Hone Loan Consultant todayl 1'$00-760-2607 Preferred Customer Number: Mon-Fri B a.m.-8 p.m. and Sat io a.m.-i p.m. EST 8501 096 279 3507 Or apply online at www.capkatonehomeloans.com Capital One is an Equal Housing Lender. *Annual percentage rate is effective as of 10A19A16 and w?ect to change at any time. APR is based on an excellent rte. eat ?a? ewa xwow credit hosiery, minimum 1180,000 ban amoum, 80% combined ban-to-value ratio and a 20-year fixed-rate "??°f!'"??¦4?` LENDER Second•Ixm mortid Additional terms and restrictions apply Holm - See reverse for ad al important information. LOMtS FINANCE Previous Balance Payments 8 Credits CHARGE Transactions New Balance Minimum Payment Due Data $2,110.88 - $63.00 + $36.48 + $66.95 = $2,151.31 $64.00 Jan. 03, 2007 Nov. 04, 2006 - Dec. 04, 2006 Page 1 of 1 PLEASE PAY AT (FAST THS AMOUNT Visa Platinum Account 43884425.13034130 Your Account Information TOTAL CREDIT LINE $2,300.00 TOTAL AVAILABLE CREDIT $148.69 CREDIT LINE FOR CASH $2,300.00 AVAILABLE CREDIT FOR CASH $148.69 [ANNUAL nance Charges (Please see reverse for important information) Balance rate Periodic Corresponding C?CCEE applied to rate APR rchases $1,878.27 0.05425% 19.80% $31.59 sh $290.92 0.05425% 19.80% $4.89 PERCENTAGE RATE applied this period: 19.80% ® At Your Service 1480ee03.3837 To call Customer Relatlars or to report a lost or stolen card ® Sand payments to: Capital One Bank • P.O. Box 70884 - Charlotte, NC 28272-OBU A Send inquiries to: Capital One • P.O. Box 30285 - Sait Lake City, UT 84130-0265 6056 506 1 7 tCm a o what's in your wallet?. 0 4388642513036130 03 2151310063000064003 New Balance Minimum Payment Due Date $2,151.31 $64.00 Jan. 03, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed . Capital One Bank P.O. Box 70884 ?u?rr???rtr??nrtrr??r? Charlotte, NC 26212-0884 1u611trlrsddi,uIHIt116H6r66drrLdltrLoLrlltrrll Pavments. Credits 8 Adiustments 1 30 NOV Cap 1 ElecticnicPhonei mt AuthDate 29-N OV $63.00- Transactions 2 10 NOV CVS PHARMACY #2882 003 CAMP HILL PA $11.54 3 11 NOV GIANT FOOD #269 CAMP HILL PA $35.41 4 13 NOV AMOCO OIL 06954622 CAMP HILL PA $20.00 As a valued Capital One customer, you are eligible to receive a free Year-End Summary for this specific account that recaps your 2006 charges, provided your account is in good standing and you have made transactions during the calendar year. Please call 1-NO-214 4891 before February 28, 2007, to reserve your copy for this account. 061204 PAGE 1 of 1 OIBC6056 PLEASE RETURN PORTION BELOW WITH PAYMENT Account Number: 4388-6425-1303-6130 Please print address or phone number changes below using blue or black ink. Address Home Phone Alternate Phone E-mail address a 9033958945808179# NAIL ID NUMBER BARBARA A HARMER 104 LOTUS ST APT Al CAMP HILL, PA 17011 111111 111 111 111111 11 111 1111111 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. Don't forgct you can use your home's equity to consolidate debt, make home improvements or have cash on hand for unexpected expenses. Our customers lower their payments an average of $400 per month.' *Lower average monthly payment claim baud on first month's payment on nun-purchase loam, exclusive of closing costs, chat dosed between 01/0112006 and 07/3112006. Actual lower payment may vary. In some uses, refinancing m pay off existing debt may extend die tarn of the debt, possibly resulting in higher overall outs. 10-day claim calculated from receipt of completed application and all required supporting documentation. $0-closing-cost option requires minimum loan amount of $50,000 and is not available with all products. Sample availability as of 10/09/2006: $80,000 20-yr. feted-rate home equity loan at 8.75% APR. Offer intended for qualified applicants only Tams and conditions may change at any time. Not all loan products or terms are available in all states. Actual lash team are subject to qualification for income, credit and property . The actual closing times may vary based upon the sure in which the pmpcrty is located. This is not a mmhnitu cut to make a ban or a commitment to the interest rate, points and fees for a Icon. ® 2006 Capital One 6eruirw Les: Capital One it a federally regicemd service mark. AU rigkb marrved Home Equity Loans I Mortgages Refinancing I Debt Consolidation 1. Novi to Avoid a Finance Chimp. t a. Grace Psrlod. You hill haw a mnirwm grace period of 25 days wheat Irene charge on raw purchases, new balance Vanden, new species purchases and new other charges If you pay your total 'New Balance', in accordance with the Important Notice for peymens babw, and in tone for it ft be cased by your next Statement closing des. Thera Is no grace period on cash advances and Special Verdes. In addaon, IMn s e grace period many Iramadion if you do not pay he total 'Near balance.' b. Accruing Fiance Charge. Transactions which am not abed e ¦ grata pmad ers aessssed manor chaps 1) from tie dap of the transaction or 2) torn to rap the Immatlion is processed to you Account or 3) from Net fast calerda day of the current being period. AdGtlaudl6 If you hid not pay tie 'New Bdence- from the previous billing period in full, ahrlta changes cantnue to Seams 10 your unpaid baWa;a unfil the unpaid balance is paid in full. This means dust you may so owe alerts c argeo, even ti you pay tie a III Now Balance Indicated on to front of yaw statement by the ram statement closing tide, but did not do So for tie previous moni. Unpaid finance charges aim added to the applicable esgna t ofyourAcmunt. t c. fankeem Fla-I Clvrge. Fa eachbkpg psrlod lima your a,x:ou fi le¦hb)et e a tmaa cherga, a minimum blal FINANCE CHARGE dSO.5o cog be imposed. t d. Temporary Reduction In Finances Charge. We resume, the right to net &sees* ay or all finance charges for any given being perled. 2. Avenge Dolly Balms (aeiding Nest Purohasas). Finance charge is calculated by mWtlplying Me daily balance of each segment of your account (e.g., ash advance, purchase, special Vender, and Spacial purchase) by to carasponding defy pariedie rate(s) QW has been previously disclosed to you. At the and of each day during the being period, we apply one dolly pwloft raft for each Segment of your account to one defy balance of each segment Than at the and of ft being period, amw add up the results of tees daily calculations to serve at your periodic finance charge for each "W no* We add up one noels Vom each Segment to arrive at the steal perlack hems charge for yaracmaa. Toper son day balance fr each segment of yaw account. we take to beginning I I i for each ee(prwe rd dig ry mwhanseabns and Sy prhadk manta carpe calculated on tie previous days balance for dig worm nt Wet ten Subtract ay psyrwes or credits posted ea drial day pet am allocated he Mot sagerv rt. This gives us the separats daily balsno fa each seglhrd of your account However. N you Dad the New Balance Shown on your prewar statement In fug (or If your new balance Ws, zero or a weds scrum), mew masections, which post to your purchase or spatial purchase asomenl era net added to the daily balances. We calculate the average daily balms by Wdkg al the daily be/nose together &W dividing the Sum by the number of the days in the arum bill cycle. To calculate your total finance charge, multiply your average daily balance by the ddy periodic new and by the number of days in the calling padod. Due to rounding on a daily base or due to minimum finance site asseaement them nary be a variance between We calculation and the smoum of finance charge actually assessed. 3. Annual Percents" Raps (APR). a. The term *Annual Pwcantage RaW my appear m •APR• on the from of fide statement b. If to oode P (Quarterly Prim ]t L (Duortrly LABOR), C (ousnedy Colt or s (aonkcerd Pdma) ¦ppws on to front of this Nepmard next ft fa pedodk rap(e). the periodic rape and comsponcrg ANNUAL PERCENTAGE RATES may coy qurpdy and may Inme s or decrease based an the stated kdkes, as bud in The NMI Street Journal, Plus the margin previously doc ose d b you. Theta dwVw will be aBeahs on that fim day of yon billing paled covered by you per eel c Reservoirs ands g in the mont e of January April, July and October. a If the code D Ww ty Prim), F (Monthly LIBOR), or O (Tmm" LIBOR) appears on the from of yon Statement next to IM pmoft rect(a), the periodic raps and corresponding ANNUAL PERCENTAGE RATES may vary monthly and may Increases or decrease, based an tlhe stated Imdbss, as foul In TM Wall Sraet Journal, pion the margin previously disclosed to you. Thew charges will be atrlkn on the first day of your bait period sash month. 4. Assessment of Lela, Ovrerhk and Retwmd Payesm Flee. Under the pmt of your c stonier Werlvent, we reserve to right to wake or not to asesss any tees without pow notification to youwithout wWvkg ourrlghl toarso the sa rmor simgarfass ate INSrtime. t S. Rrswehg Vow Accc nt I e -mbraMp fes appears on the front of your sralemank you he" 30 days from the date this eralmers was mailed to you to avoid paying to fee or ft haw such lea rested to you it you cancel your Sectors wmeut having to pay the mendbarship fee. To moot your account, you mud notify us by cetiig our Customer Relators Department and pay your Thew Balanos' In full (excluding the membership fee) prior to the and ord , strty dely Wed. 6. NYet Close Your AccoWd. You can request to coea your aaours by calling or Cus a w Replbns DepaMpnt. You must desby you credit cord(s)and aoeanl exam cede, rental al prewlhorized biNrg and dime wing your account After your raWpN to close.I you ce,Rh us to transact or do not tarlast proauthorizat being arrangements. won will consider mo6o of a charge yaw sulMlmtlrr Io keep your account open. Additionally, your account will cot be closed unsl you pay ON amounts you can us including: any transactions you have sudnorized, thence charges. past due fern, ovarimlt pas, returned paymem seas, cash advance fees and any other faas amsmsd to your aaxum. You as responsible for these amounts wfhedlar they appear an your account at the fins you request to does Ina account a they are Incurred subseghwn to your request to dose be aoccurs. This may rawt In darges appearing on your accood after you haw requested the ecmmt to be dosed. 7. Using Your Account. Your card or uosurd cannot be used in connscllon with arty Intamet gambling transactions. S. Notice About Electronic Cheek Conversion. When You provide a dhadk es paYmera, you autlatze us either to use inform lion from your peek to make a anti-Sme electronic fund VmwW from your bank account or to Proeses the payment as a tack transaction. Naen we use Wormallon from your check a make an I le fund transfer, funds may be wt drown son your bank account at soon se the Sam dry wet reaps your payment. end you will net Meek e your check bark frml your financial I sdeltlrn. BILLING RIGHTS SUMMARY (In Case of Errors a Question about Your Ba) If you think your bill is wog, or If you reed mom Information on ¦ benucen or big, write to w an a aeperep sMN as Soon as possible d she address for inquiries *van an to from o(nth statamm We must hest from you no INS ten 00 rays alter wo ami you to firet bll w witch fe error r problem appeapd. You can call or Customer Relations number. but doing an wet not prawn your rights. In your lather, ove us M following Information: your name mid account mentor, ale dolt amount of the Suspected error, a description of the error and an exploitation. S possible, or why you balm gave is an acct; or S you reed more Inlofrmr6on, a desorption of the kern you am umre abouL You do not haw to pay any rmum in question whim we are Investigating fill but you we 80 abolished to pay the pant of your oil that am not in question. Yftk we Invemoals your gwfban. we camel report you as tie am il or eke any action to mlec the &view you question. $, t Special Rule for Credit: Card Purchases If you have a Problem wkh the quality of property or savlres that you purchased win a credit and and you have hied in good ISO to correct the problem with the merrsrd, you my have the rW not to pay to remaining amore due on she property or Services. You have this prolcfrh only whn the purchases pica was more than $60.00 and to purchases was mob in your ham state or within 100 miles or your missing address. (t we own or operate me nereMnt, or if we tasked you the advatlraasm for the property or services, all purchases die caveed regardless of amount or location of purchase.) Pleas remmhber to Sign all cemespordenos. T Does not apply b consurmr ransmdt urd accounts t Doer notaA* so buries i nnncradf card accounts Capitol One Supports inbmelim privacy protection: see our webama at tCS cookilm" . Capitol Om Is a feGaly registered service mock of Capital One Financed Corporation. AN rights reserved. O 2005 Capital One TC-0e 01 SCW56 - 6 -12r21M6 mpersMNmsa Pa)rmeyoumNbwhallpaealdbyour. tadtAI I day we feces" It, provided (1) you Sand the prom portion of Oft dement and your dock in the erhdass wearies whoops and (2) your pay as it me" In our . Carlo by3pal.ET(12 non PT). Rue Norm host ts"(5) budMa dap for pant delivery. Pay I, mama by a at any cow be&Ym arh any cow form may net be mdM a of die mywo leraI thaln, Or bbsbaa days w Man" though Sarday, afraglaadI Plan do not use ateplss, paps chi sic. who proper year p"So . Whom you plodds a dhack a Meant you sutlada w Who to ua ktmmatbn hen yosr tlhedl b coact ¦ an?hss ekesaileMd krelrfwn your Secorae orb groats tlr psymro tl a dhah* traratlon. When ve use Inmrmsm San you dREk b mass an eMOOkMdWasher, funds an be Woman hom your extant a stun tl the am day cow moolve"prymat and you notes rseahe podo& bad Sam your fntlda tradition. ?oVn a aw ?s67 %APR* today 500052 wta Home Equity Loan from Capital One? ¦ I?nresoYdsb debt, make home improvements, 100% ta*dodudibte Interest pay car loans-you choose (check with your tax adviser) ¦ Close your loon in so days or loess ¦ $0 dosing cost options available Call your personal Nome Loan Consrrlbot todayl Preferred 670 096 349 8391 Customer Number: 1-800-760-2493 8 Mon-Fri 8 a.m.-8 p.m. and Sat so a.m.-i p.m. EST Or apply online at www.capitatonehomeloans.com Capital One is an Equal Housing Lender. 11211, -Annual percentage rate is effective as of 11/01/06 and subject to change at any time. APR is based on an mcellent V/ i Taro ewuie aect Msto" minimum $80,000 loan amount, 80% combined ban-to-value rata and a 20-year fbmd-rate ?i°???0 A'1 LENDER second lien onorrccgqaagqee. Additional terms and restrictions apply Home Loma See reversetoraddifanal important information. FINANCE Previous Balance Payments 8 Crocus CHARGE Transactions New Balance Minimum Payment Due Date C$2,151.31 - $64.00 + $35.25 + $15.70 = $2,138.26 $Feb. 03, 2007 Dec. 05, 2006 - Jan. 03, 2007 Page 1 of 1 rItM PAY AT MAST THS AWJW tx When you provide a check as payment, you authorize us either to use information from your cscc to make a Vise 138&61Pladnuatinum 38 Account one-time electronic fund transfer from your account or to process the payment as a check transaction. Whorl we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account Your Account Information as soon as the same day we receive your payment and you will not receive your check back from your financial institution. TOTAL CREDIT LINE $2,300.00 TOTAL AVAILABLE CREDIT $161.74 CREDIT LINE FOR CASH $2,300.00 AVAILABLE CREDIT FOR CASH $161.74 Finance Charges (Please see reverse for important information) Balance rate Periodic Corresponding FINANCE applied to rate R CHARGE Purchases $1,875.45 0.05425% 19.80% $30.52 Cash $290.54 0.05425% 19.80% $4.73 ANNUAL PERCENTAGE RATE applied this period: 19.80% ® At Your Service I-80MM637 To call Customer Rated= or to report a lost or stolen card: ® sew paymiaMe to: AWL Capital One Bark - P.O. Box 70884 - Charlotte, NC 28272-0884 A SaW inquiries to: Capital One - P.O. Box 30285 - Saft Lake City, UT 84130-0285 Payments, Credits 8 Adiustments 1 28 DEC PAYMENT $64.00- 11 DEC ENOLA SHURFINE ENOLA PA $15.70 As a valued Capital One customer, you are eligible to receive a free Year-End Summery fa this specific account that recaps your 2006 charges, provided your account is in good standing and you have made transactions during the calendar year. Please call 14800.214.4891 before February 28, 2007, to reserve your copy for this account. 6056 506 1 7 3 070103 PAGE 1 of 1 01BC6056 PLEASE RETURN PORTION BELOW WITH PAYMENT ?...?? 0 4388642513036130 03 2138260064000064007 Q () 1e I what's in your wallell• Account Number: 4388-6425-1303-6130 New Balance Minimum Payment Due Date $2,138.26 $64.00 Feb. 03, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed Capital One Bank P.O. Box 70664 Charlotte, NC 26272-0664 Irr6lLdrirlrlloalraldlLrilrrlrL¦IiilrrlLrlrrlrrlLrrll Please print address or phone number changes below using blue or black ink. Address Home Phone Alternate Phone E-mail address #1000456945606171• MAIL ID NUMBER BARBARA A HARNER 104 LOTUS ST APT Al CAMP HILL, PA 17011 I l l l l l l l l l l l i l l l l l l l l l l l l l l l II 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. Don't forget you can use your home's equity to consolidate debt, make home improvements or have cash on hand for unexpected expenses. Our customers lower their payments an average of $400 per month.* Lower average monthly payment claim based on first months; payment on non-purchase loans, exclusive of dosing cosrs, that dosed between 01101/2006 and 10/31/2006. Actual lower payment may vary. In some caeca, refinancing to payoff existing debt may extend the term of the debt, possibly resulting in higher overall costs. 10-day claim calculated from receipt of completed application and all required supporting documentation. $0-closing-cost option requires minimum loan amount of $50,000 and is not available with all products. Sample availability as of 11/07/2006: $80,000 20-yt fixed-rate home equity loan at 9.40% APR. Offer intended for qualified applicants only Terms and conditions may change at any time. Not all loan products or terms are available in all states. Actual loan terms are subject to qualification for income, credit and property. The actual closing times may vary based upon the state in which the property is located. This is not a commitment to make a loan or a commitment to the interest rate, points and fees for a loan. ® 2007 Cgpiat( One Serf ims Ge Capital One is a fedenQy higbitchad serrke eevuL All rube imp Home Equity Loans I Mortgages Refinancing I Debt Consolidation 1. How No Avoid a Finance Charge. t a. Once Period. You will have a minimum grace period of 25 days without finance change on new purchases, new balance trensiss, new special purchases and raw other charges 0 you pay your lath "New Balance", In accordance with the Important Nodca for payments below, and In thee for it to be wedged by your tend statement dusky time. Then Is no grace period on =on advances and spedol WWom. In &WWI. then is w grace pseud m any transaction if you do not pay the teal Blew balance.' b. Accruing Finance Charge. Transactions which are not subject to a gran period are aaaad finance charge 1) From On date orthe bwwK kn or2) from tits dote the tramectron is processed to your Account or 3) imm IM ford calendar day of the arms being paled. Additionally Ifyou oar not psyths'New Bakers" from ft previous batrp period in fol. anance deg continue to scow to your unpaid balance until as unpaid balance is pat it tel. This man that you may dl owe 8nanm charges, even 0 you pay as wage Now BaMa Indicated on are port or your soNmsm by are nth statement closing date, but did no do an for as Previous; month. Unpaid finance changes are added to the appilesbls sapient of your Amount' t e. Mauer, Fiance Charge. For each b&M pmod that your account Is subject to e mama charge, a minimum trial FINANCE CHARGE a so.50 hid be imposed. t d. Tompmary 01-1-den M Ft-- Charge. VA raerwa the right m not essem any at ON finerce charges for any given tang period. 2. Average Only Bah c (Including New Purdaees). Finance Marg. I. calculated by muripykg are dry balance of each segment of your account (ag., cash advance oonsispondkp daily periodic roe(s) ate has been previously disclosed to you. At the and of each day during the being period, we apply the deity periodic ram for each segment of your accoma to are daily balance of esch seemed Than at the end ate bilhp period. w i add cop the results of these day calculations to arrive, N your parodic financa large for each segment. We add up the results Imm each segment to who at are rdel periodic charm charge for yourarmum. Toga the dolly bslarnoe fa each segment of your account. we take fe beginning balance brats sspmeit and add any new Inanugglikins and my periodic fiance charge nIW Wd on as previous days bdanoe ter thsi aeptam. Wa then suhasct my "Won or wade pasted as of that day bet are allocated In ate sagmmt. This gives us are separate ody belsrwa for each segment of your soooum. However, N you paid are New Balance shown on your previous statement In full (or If your new balance was as m, or a o edit amount), new trarrectan. which pad o your purchase a spec d purchase segments an not added to are dally balances. Vile release it* average tlay balms by adding as the dally belenea together and dividing are sum by the comber of the days in the comment billing eyd. I. - Warm your lamp f win Marge, multiply your average daily balms by the daily perfodo rate and by the number of drys In the tarp prod. Due to mudini; on ¦ daily baab or due to ninkraim finance dirge ammwnmt, them may be a vmanca bet-an IN. calculation and the amount of finance, chrga actually asammid. 3. Annual Percentage Rates (APR). a. The thin "Annual Parentage Rate" may appear ee "APR" on the Front of this statement. b. it the code P (Quarterly Pnne), L (Quarterly LIBOR), C (Qusrtady CD), or S (Smiumd Prime) appears on one from of this statement net to ft pedodip rate(s), the permdk rata and odrapatdng ANNUAL PERCENTAGE RATES may very quarterly and may Increase or lovers bard m the staged idles, as bud in The Wsil Street Journal, plus the margin previously disclosed to you. That ct angm will be a8actlvs on the drat day of your bhp period cawed by your periodic woentem ending In the months or January, April, July and October. c. If tie code D (Monthly Primej, F (Mmlhly LIBOR), or G (Tnarry LIBOR) appears on tlta hard of yaw sores ant net to the periodic rattift the periodic miss and camspordrp ANNUAL PERCENTAGE RATES may vary monthly and may i a NO or decrease bead on fed sided Indlose, as found in Th. Well Shat Journal, on the margin previously disclosed to you. These changm will he seethe on the hest day of your bllkp period each month. 4. Assessment of Lae, Ovmfmk and Renewed Payment Fase. Under the terms of your ceorner agneemaM, urn ramim Its, right to waive or not to asses my fees without prior notification to you wbhout vslvip our riotIt m asaa the same a simserfees at a latertime. T S. Ranarmg Your Account. If a krorroarNtq fee appal on Via from of your statement, you have 30 days tom fm rime the ereement was nhsilad m you m ovoid peyi g the fee or to have such fee wedged to you t you cancel your account wl0eul having to pay the mabaahip be. To cancel your axcunt, you must notify us by wiling our customer Relations Department and pay your 'Na. Balance In full (anduap the membership fee) pdor to 1he ad of this thistyday period. 6. N you Close Your Account You can request to does you amount by calka our Customer Roiokns Deparaem. You must destroy your as& ad(s) and accou d access decks, cwx* d pmathwaed billing and own wing your acnunL After your request to oboe. If you continue to hawed a do not cancel pebdMdaed b&V artmigeme e. tan will aeider Imelp as dirge your auMd>amn to keep your account open. Additionsly, your aocum wB not be rinsed until you pay all amounts you owe us including: ay timsackm you have authorized. Mann throes, past due sea. ovaAnlt fees, raerned paynehe tees. cask advance fees and any otherfam mesmad to your account. You era naponsihw for tlase env" Wiesner they appear w your account at the sea you request to dose gts sccaum or they am Inerurrad subWuem to your m i sat to does the account. The may rout in chmgm apprdrtg on youraccount timer you have requested sec account to be dosed. 7. Using Your Account. Ywr ad or account canna be Lead in connection warm any Inhemet gambling Inamiscillons. S. Notice About EhmA=ie Cheek Conversion. When you provide a Mark as payment you auhxtm us ether to use information from your check to make a one-time electronic find VaroW Ion ern your bank account or to promise the payment a a check tnMa tlon. When war use Information from your cheek to mks an afaahonic NOW transfer. funds may be wddraa horn your bank account as nom a the sae dry we recaps your payment. end you wig not raaNe yea check beds from your financial InsUtuton. BILLING RIGHTS SUMMARY (In Case of Ennis or ouesuon about Your ea) M you thin your big In wsang or It you need more Infamadm on a traaewbn or big, wills to us on a separate sheet m sown as possible at se adokas for inquida Mown m she hat of one eotanae. We mat bar from you no lamr than 00 days silsr we sent you ft Mot bed on which ale error or problem appeared. You con rat our Cemnar RoUd a number, bona doing so will not preserve your rights. In your INW, give us to Wk wire kdmatlon: your reroe and account nonce, are dollar amount of the s speuad aria, a desoptmn of the error she an aplandon, t pomM. awhy you below dam Is an era: or f you need more iManrlion, a daoip ion of the item you em unsure about. Yw do not have to pay any amount in geekon Mks vat era InvaedgatIng ft, but you are sttl obflpated to pay the parts of your bill that are not in question. Walla we Investigate your question, we carrot report you n delinquent or Was my Acton to holed to amount you question. k, t Special! Ride for Credit Card Purchases N you haw a problem with tits quslNy, a properly or savkee that you Wrcha ed with a endt ad and you have and in good faith to comet the problem with the mrdum, you may have the 69M not to pay the mmalnkp amount due on are proper ly a services. You have tide proteWon only when this purchases p6ce was more, than $60.00 and the, phrrhase was made in your home stew or within 100 miles or your coding adtkw. Of m cam or operate the mianothant, or t as mdad you the atMrarmea for the property or aanvicaa, at purchases w covered regarNees of amount a location of purchase.) Plana remember to sign ON aroepadence. T Does not apply So consumer nwt-cmc* cod amounts 2 Doe notapply to bkukkaa nw.=A aid accouma Capital Ose suppona irdormation privacy protst kin: see our wabeaa at tdldlyp>)1. Capital One Is a %deraly registered service mark of Capital One Financial Corporation. M rights miserved. O 2008 Capital One TCM 01 BCW56.6 -120006 kpmea Netlse: Payments you and to rwarbe aedad to yorawoatr of ft business dye oceM its p,i (1) you sue do boMmpatenargasW&mtandymdad Infsadoredm ttrdawnmbpeand(2)youpeynON kecemilinow pucrarp offm icy3p.m.ET(12ranPf).PbmisstIrkfn(5)h*nmdaysfwpmWd*my.P" as eaMdbyaslwryobef beats win cry odor gem myna beaeMod r d fa hya Ache fem. Qr budge Nye r Macy Mm* S&W*. atuAtap bddgt RareN not wetpke, paperap,ek.whenp I yorplimaK When you prrNaadad NO parent you aanbe NO Ww%Dw IMamdw fan your dad k msla ¦ w Mee eeoewnchad srrlr0an yu erteuA a e pl0mr uw pMaaaf r a did esnraaw. yten a w Ynarnrtabn clan yarded b mare n eedancfiad trewfr, kanN my te wBdaa ban yar coati r won r tlr acme dry war aniw yon payment, re yhwai not riche YOa Balk bad From yarlnadsi irtlldon. 500009 ~QW what's in your wallet?' It could happen to anyone. Make sure you pay the amount BARBARA A HARNER due on your statement as soon as possible. Keeping your credit in goad 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) by I payment. IMPROVED CHANCES TO GET APPROVED FOR LOANS (when you want to buy a home or new car) 2006 Capita[ One Services, Ine. Capita! One is a federally registered service mark, All rights reserved 500008.09503 FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date C?138.26D - $0.00 Ci37.16D + $143.50 = $2,318.92 Ci13iK) Mar. 03, 2007 r: . Jan. 04, 2007 - Feb. 03, 2007 Page 1 of 1 t IIEASE W AT IEUT THS AMOUNT Visa Platinum Account 43x&64251303-6130 Your Account Information TOTAL CREDIT LINE $2,300.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $2,300.00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please see reverse for important 1Mormetion) rate Ba plied to Per to dic CorresQortdirlg FN AtRGEHAE Purchases $1,917.97 0.05425% 19.80% $3228 Cash $291.60 0.05425% 19.80% $4.90 111ANNUAL PERCENTAGE RATE applied this period: 19.80% ® At Your Service 1-0N-003-3037 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 sera Inquiries to. Capital One • P.O. Box 30285 • Sa8 Lake City, UT 84130-0285 6056 S06 1 7 cmwwow I what's in your wallet?' 0 4388642513036130 03 2318920064000133005 New Balance Minimum Payment Due Date C$2,318.92 $133.00 Mar. 03, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed Capital One Bank P.0• Box 70664 1111111111111111111111 Charlotte, NC 26272-0664 1111111t111111111111111111111111111111111111111111111111111111 Your acoxmt is one payment behind. Remember that making your minimum payments by the due date keeps 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. Payments Credits & Adjustments Transactions 1 20 JAN METLIFE AUTO&HOME PREM 800422-4272 OH $108.50 2 03 FEB PAST DUE FEE $35.00 You were assessed a past due fee because your minimum payment was not received by the dare date. To avoid this fee in the future, we recommend that you allow at least 7 business days for your minimurn payment to reach Capital One. - Please Note - Some of the terms of your account are changing. Please read the enclosed ratification. 070203 PAGE 1 of 2 OIBC6056 PLEASE RETURN PORTION BELOW WITH PAYMENT Account Number: 4388-6425-1303-6130 Please print address or phone number changes below using blue or black ink. Address Home Phone Alternate Phone E-mail address @ s9003SS644S6061730 MAIL ID NUMBER BARBARA A HARNER 104 LOTUS ST APT Al CAMP HILL, PA 37031 Is I III II II IIIe11111t1111still 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. I . Now to Avek a Fhanco Charges. t a. Grace Period. You wa new a roinInem grace period of 25 days wfrhaB firembs charge on new purchases, new balance transfers, new special purchases and new other charges If you pay your total 'Now Balance', in accordance with the Imponhrs Notice for payments below. and In time fork to be onedaed by you cear statement closing dab. Them is no grace period on cash advances and special twofers. In addaon, tam in no grace period on any transaction if you do not pay the tatel 'New balance.' b. Accruing Finance [cape. Transaction which are not subject u a grace period w arise eel finance charge 1) Iron tat data or to transaction or 2) from the data the transaction m processed to your Account or 3) from Bs first calendar day of the current dBng period. Additionally V you did not pay am *Nevr B Jere from the pmWous bNkg plod In hid, franca charges centnue to sacrua to your unpaid baWm unr the unpaid balance is paid in full. This nears that you may ase rasa Mwnce charges, even a you pay is enem Nw Balance indicated on ore from of you saumers by ala near ahtamnm closing dote, but did not do ea for the previous month. UMM Maness d-W a. added to the appaare segment of your Account. t c. Mnkasn Fit -- a Chugs. For eieh baling peed 00 your account is NCW to a Mnce dsrge, a con insum teal FINANCE CHARGE r511.50 will be Inpceaa. t d. Temporary IMduction In Filanas Charge. Via reserve the right to not assess any or all finance charges for any gh en hitting period. 2. Average Dally Balance (Yaluding Now Purduase4 Finance chaps is calculated by nx*O Ing the daily balance of each segment of your account (a4, dash advance, puadhse, spacW eaalle aed spedr pucuse) by We corresponding daily paiodic mh(e) eve has been previously disclosed to you At tat and ouch day dur'ag the being period, ass apply the daily periodic roe for each segment or your account to the day balance of each se0mem. Than at the and of to telling period, we add up the results of teas dally eeleWatlome to arrive at your periodic finmea dump for each sagnsm Wa odd up Wa results inen each seprsnt to arrive at des WW periodic chance charge for your account To galas day balance for each segment of your acoard, we sake aid be& . balance for each sapnrd and add cry nwfranfaWann Mar any priodc *ww crape calculated on as previous deft balance for ant aepasm. We a- subtad any Powneras or ruche posed as of that day Wet am allocated bast aWent. This gives us the separate daily balance for each sagmam of your mecum However. If you pate aro Now Balance shown on you previous statement in full (or ayou new balance was ono or a we& amount), new transactions, which post to your purchases rspadal purchase segments em not added to the day balances. We calculate the average dally balance by adding al the dry balar ces together mol dMc irg the won by the comber of be days In the current baling cycle. To calculate your IoW fsance charge, multiply your average ddy balance by the daily Periodic rah and by the number of days an gta WIN parted. Due to rounding on a day baste or due to mInInMm (lance dwge aaeeument. Bleu may be a variance beessm this calcuWlen and the amount or finance charge actually assessed. 3. Annual Pvdnhge Rates (APR). a. The term "Annual Percentage Rats" may appear as 'APR' on the from of this stMSmsrs. It. B the cods P (Ouanany Prima). L (Quarterly UBORI, C (Ousrlariy CD), or S (Ban sand Prima) eppeus on the front of this eta~ nod to is pedodk mh(e), the omodb rates and corresponding ANNUAL PERCENTAGE RATES may very Wass by and may I_ a dsrrewe band on the awed indices, as farad in The Wall Simi Journal. plea the margin pra ously disclosed to you. These, changes will be effective on to first day of your basing period covered by your prI I stahment ends g In We months of January, April. July and October. c It the code D (Monthly Prima), F (Monthly LIBOR), or G (Treasury LIBOR) appears on the from of your staeman roe to is periodic nah(a), due periodic rays and tortaaponclh ANNUAL PERCENTAGE RATES may vary monthly and may kermess or decrease based on the stated Indices, as fund he The Well Seen Journal, plus the margin previously disclosed to you. Them changes will be aaad ive on tat first day of your 6NYg period each month e. Aaeaasmara of Lila, Ovallnal and Returned Payment Feaa Under ins terms of your cuskmw agreement, we reserve Bs right to wave or not to aressis any to" without Prier noBRdatlm to you althea walvatg owrigm to assess Me same a simar fees at a hhreme. T 5. Rreeh1 9 Your Account. as membership fee apparm on the front of your aahmem, you have 30 days from the data this summers was mailed to you to avoid paying the %a or to have such fee credited to you it you cancel your account Wtlwur haft to pay the nsnbaship fur. To osecel your account, you must notify us by calling cur Customer Relekm Deparomand and pay your 'New Balance in full (excluding the rnembsndhp fee) prior to is and dWe adriy-diy pod. B. It you Clause Yen Account You can request to dose your account by calkg our Cuslomer Relations Department- Vbu must des" your rode cod(a) and account airs ducks, coesi al prsaudwized being and ores using your acacrunt After your request to dose, If you conchae to based or do not cancel preauMdaad being arrangements, we will mrsWerrosip or a change yaw auBsrhaBOn to keep your acicrrs opm. Additionally, your comsd will not be deed until you pry all anorak you owe us including: any mmsedbns you have authatMd, f hence Chagas, past d us fees, oveAmb two, reamed payment mss, cash advaow fees and any atlurfees aaaaead to your account. You ore reapornbk for these amounts whether they, appear on your acecem at VW r me you request to okae the account or they am Incurred adaequent h your request to does Bs account This may mull in dmgaa appearing on your account after you have tegaested he accaaa to be dowd. 7. Using Your Account. Your card or account cannot be used in connection with any kNamat gamble Sara ndions. a. Notice Abort Eteobonk Check Convrelon. When you provide a check as pryment, you aulhMze us allher to coo information from your dner9t to nuke a una-time electronic had tmhaferfrom your bank accent or to process the psyrnsm as a cluck transaction. When we use In(pmYkn from your duck to &a an electronic fusel oanskr. funds may be WrW AW, from your bank a rd as soon as ft. amts dry -,-.W your permute. and you will not uoslve your dark back from your *wcW Institution. BILLING RIGHTS SUMMARY (In Case of Errors or Questions, about `Pow aid) B you Bard your bur Y wrap, or if you need mom Information on a transectlan or bid, wrote to u an a tapestries share ore from u possible at tlu address for inquiries show on ft front of am Monona. We must her from you no later Wash aB days alts we are you ft 11M bill on which the anon or problem appeared. You cm call our Customer Relations number, but doing fro will not preserve your riylea. In your INW, give us Ws folawg ktormaBon: your rume and account number, the da4r arn=d of the suspected error, a description of the error and an ogmaston, If poaEfe, of why you baaevs Burs Is an error; or a you need mom irdcmhatran, a description of fat item you am unary abouL You do ram have to pay any amount in question Whk we am Inwdpati g it, but you am sea ob bpasd to pay the pats of you bill that em not in qu@skn. With we Inveatlgate your question. ws carnal, repot you as delinquent or We any action to aolled the annum you question. $, t SpecW Rule for Credo Cam Proses If you have a problem with tie quality of property or services that you purchased with a credit card and you have trine in god faith to toned the problem win the nvedamt, you may have Bu right not to Puy We MMW" amount duo on the property or services. You haw Wh Pr-11, only Wen We prdwa pica vves more than $50.00 end ft purchases war made In your home state or within 100 mbar of your mYkg address. Of we awn or operate ft maoreao4 or a we mead you fat dwrtlasmant for tat property or services. all prdhom are emoted ragrdWS of amcrat or location of purchase.) Pleases remember to sigh all oonespodence, t Does of apply to consumer non<md card accounts * Does not apply to beIness ---*da card acceuas Capital One supports imametbn privacy protection: m our webaae at ypaM, .com. Capihal One Is a faderasy registered service mark of Capita One Financial Corporation. Ace rights reserved. O 2000 Gptr Cne 01 BC5W6-B-12121M InnpmWe Ilstka PapwnbywmdouwMbecmdudoysirauraemalasbumb rdeymscom It Provided(1)yousandes halbm portion coils sbYeam ad yair dad In tls erdaaad nnpnw rhWape rd R) ycrrpaymea b salved leerr pswssip comas by 3 pa. ET (12 raven Pf). Pleas row at MW*m (e) braves esplw pwer dowry. Paymmb saN.ed by w stmy odw beMbu r In any oar lam sync be oadted asdes dsyas m" than. Ow bwbae days are Monty Ihagh Shady, adding holidays. Pkae do not us sbples, paper dip, etc. whm preparing yeur pere-L 200102 08982 1s important notification of a change in terms to your account Your account is changing. These changes will start with your April 2007 billing cycle:* Late Payment (Past Due) Fee Your late payment fee will be based on the amount of your account balance at the time the fee is applied. Balance of $0 - $99.99 = $19 fee Balance of $100 - $999.99 = $29 fee Balances of $1,000 or more = $39 fee Over-the-credit-limit Fee Your over-the-credit-limit fee will be based on the amount of your credit limit at the time the fee is applied. Credit limit of $0 - $499.99 = $19 fee Credit limit of $500 - $999.99 = $29 fee Credit limits of $1,000 or more = $39 fee Whars Not Changing Although these terms are changing, your card still features all of your current benefits including $0 Fraud Liability and online account servicing. And if you are currently enrolled in a rewards program, you will continue to earn rewards on all of your eligible purchases. We truly value your business and look forward to serving you for years to come. 200102 see reverse for more information, including how to decline these changes to your account. CapitwOne* Please retain for your records. 6056 506 1 7 3 070203 PAGE 2 of 2 01BC6056 if you decide not to accept these terms You can choose to decline these changes and cancel your account. To decline these changes, call our automated system at 1-800-2145032 by midnight EST, March 30, 2007. Please have your-account information available. If you decline, starting March 31, 2007, you will: • Not be able to use your card • Have to cancel any scheduled payments you have set up for automatic billing • Not be able to redeem your rewards, if you are currently enrolled in a rewards program If you decline, you will be able to pay down your account at your existing terms. We will close your account after the balance you owe is $0 and we confirm that no new charges have posted to your account. Important Information * Your April 2007 billing cycle is the first billing cycle with a periodic statement closing date on or after April 1, 2007. These changes amend your Customer Agreement. All other account terms and conditions remain the same. © 2007 Capital One Services, Inc. Capital One is a federally registered service mark. All rights reserved. 0 W what's in your wallet? LET'S TALK - WE'RE HERE TO HELP ® 2006 Capital One Services, Inc. Capital One it a federally registered service mark. All righu reserved FINANCE Previous Balance Payments 8 Credits CHARGE Transactions New Balance Minimum Payment Due Date $2,318.92 - $0.00 + $35.50 + $64.00 = $2,418.42 $205.00 Apr. 03, 2007 Feb. 04, 2007 - Mar. 03, 2007 Page 1 of 1 nEl1SE BAY AT IEAST MS AAKNAT Visa Platinum Account 4388-6425-1303-6130 Your Account Information TOTAL CREDIT LINE $2,300.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $2,300.00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please see reverse for important information) Be? to Peen to odic Cortesponding CF HA GE Purchases $2,040.93 0.05425% tAA9PP.R80% $31.00 Cash $296.30 0.05425% 19.80% $4.50 ANNUAL PERCENTAGE RATE applied this period: 19.80% ® At Your service 14110403.3637 To all Customer Relations or to report a lost or stolen card O Send payments to: Capital One Bank • P.O. Box 70684 • Charlotte, NC 28272-0864 A Send inquiries to: Capital One • P.O. Box 30285 - Salt Lake City, UT 84130-0285 -Important Notice" Your account was past due. Under the terns we previously disclosed to you, if your account is past due again in the next 12 billing cycles, your Annual Percentage Rates (APRs) may increase. Payments, Credits 3 Adiustments 03 MAR PAST DUE FEE 03 MAR OVERLIMIT FEE MAR 03, 2007 500009 $35.00 $29.00 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 bast 7 business days for your minirrwm payment to reach Capital One. 6056 506 1 7 3 070303 PAGE 1 of 1 01BC6056 PLEASE RETURN PORTION BELOW WITH PAYMENT 0 4388642513036130 03 2418420064000205008 "I whaYsinyoarwalktt• New Balance Minimum Payment Due Date $2,418.42 $205.00 Apr. 03, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed Capital One Bank P.O. Box 70664 Irlrrlllrrrlrlrrrrllrl Charlotte, NC 26272-0664 IrrI,ILELrJtlLrdrrlElll,rJrIloilo lrrlulln6rlnlltull Account Number: 4388-6425-1303-6130 Please print address or phone number changes below using blue or black ink. Home Phone Alternate Phone E-mail address Q e9006356945606375e MAIL ID NUMBER BARBARA A HARNER 304 S LOCUST ST APT 3A CAMP HILL, PA 37033-6734 rrrlllrndllrtrrrdlrrrllJLELrrIrrllrJrdrrrllrrrlllrnL 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. 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. Lefs work together to find a solution that works best for you. Give us a call at 1.800.955.7070. 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. BARBARA A HARNER I. How to Avoid a Flnanss Charge. t a. Grew Period You will hase a minimum pace period of 25 dap without &a- Charge w new pumhoms, near baenca transfers, maw special purchases real new other charges If you pay your West 'Now Salwoo', in accordance, wren Me Important Notice for payments below. and In time for it to be vadled by your roe staemwt dosing dale. Thera Is no pace period on can advances and spades Investors. In addlim dun Is no pace prod on any transaction ts you do not pay the kcal "Now bWnoe' b. Accruing Foanse Charge. Transactions which are not subject to a paca period m fosssaad finance change 1) from the date of IM oruacdon or 2) from the date the tnnsa skm a processed to your Amount w 3) from the lost calendar dry of the Wort billing paled. Addgaew d you din not pry t e "New Balance' from the previous blkg period In tug. Mane charges cnt nue to accrue to your unpaid balance until the unpaid balance is paid in fug. This owns that you may ad owe f aeries changes. awn If you pay the orrice New Saloon Indicated on the het of per Mastermind by this net statement dosing date, bas dal not do so for the prowlers morlh Unpaid Inamca lunge acs added to the applicable mgnad d youAM-". t t. nerviness Firw+oe Charge. For erh being period that you emou . Is a?arlo a kris dirge, a minknum label FINANCE CHARGE of 50.50 will be imposed. t d. T?mpoary Reduction In Flnaoe Charge. Wa reserve the right to not aasass any or as kenca Charges for any given Wing Period. 2. Averpe Daly BaYnea (arkdng Nov Puohees). Finance chaps Is calculated by malpiyIng tin dally balance of each segment of your amount (eq., cash adwince, purchase, NMW trerrefer, and optical pnrdhne) by dire corresponding dally periodic rese(t) that has been PreNOUrdy disclosed to you. At the and of each day during tie bling period, we apply the daily periodic rate for each segment of your account to the doily balance of each segment. Then at the and of Vas deep period, we add up the results of tee doily alaheons to anNe at your periodic finance charge for each segmaa. We add lug tie roue from each segment to wrhm althe pies periuk rdo chage fa youraooomnt Togo tin duly besonce flar each segmentd youramaen. vat Was to beginning balnca for each segment and add any, nowtransactions food ay periodic dnanoe Urge calculated on she pnvials days betena for that mig rn. We den redact my payments or aeft palled a of that day Mat are allocated to that segment. The gheeusroeaeperaYdNybaI for each segment of you account However, d you paid the New Balance shown w you pnNOUS ataemant In fill (a If your new balance was zero or a credit trout), nor Invasedions, which pat to your purchase or special purchase egmerts are not added to the Eaty bolmose. We aktaale the average dally balance by adding as the dally bowcas together, and dividing tie sum by the number of nos dap In the current being cyder. To calculate your total finmw cage, multiply you overage daily balance by the daily pmodio rain and by the number of dap M the blNng period. Due to roumo g on a daily basis or due to minimum kung charge asessmem Men may be a vadann between this calculation and the assaseetl. amount of Macs charge actually 3. Annual PeraMage RAYS (APR). a. The lam "Annual Percentage Rae" my appear as "APR" on the from of des statement. b. If the Oda P (Quarterly Pnrla), L (Quarterly LIBOR), C (Quarterly CD), aS (Bmkcwd Prime) appears on the font of this statement nerd to On periodic care(s), the periodic raft and corresponding ANNUAL PERCENTAGE RATES may wry quarterly and may name a danease based on tiro stated ndfes, as found in The WWI Street Journal, plus the maryn provioudy disclosed to you. Thee clarifies we be aMmMe on the has day or your tiling period covered by you periodic sYtemerrt andklg In ft months of January, April, July and October. c If the code D (MOnthy Prime), F (MwtMy LIBOR), or G (Tnaeay LIBOR) appears on the sore of your statement next to de periodic rsua(a), the Waft rate end corresponding ANNUAL PERCENTAGE RATES may very monthly and may name w decrease based an the stated Intlkka, as found In The Wall Sleet Journal, pkrs ft mrgln previously disclosed to you. These charges ell be e5araw on the Mat day of your bluing period each month. 4. Aeessamert of Laos, Overstreet and Reeemd Payrmnt Fear. Under the temrs of yen ouflarrer agreement, we mane the right to vain a not to cease cry to" without prior notification to you without waking our riglM to assess de acme er snnier care st a titer lions. t S. Removing Yaw Account. If a membership fee appeals on to front of your ahft wt, you haw 30 dap tom tie time this alaleent wee mailed to you to avoid paying the fee err to haw such be aadi ed to you a you canal your acco rt wfttaa having to pay tin membership fee. To anoel you scomM you mum notify us by me" our Customer Relations Department and pay your 'New Batarnca' in full (eaduding the membership fee) prior to the and of the Nrty period. 6. NYou Cale Your Account. YO can request to doe your amount by calling our Cusanw Retaliate Department. You must deft" you anallcam(a) and account aerie dada, critical all pmouthorized blig and sae wing your account After your request to close, If you confirm to bananas a do not canal proeahMatal being arrangements, we will ecnsalern icaipi ate charge your sutMrizalWn to keep your account opm. Additional) yam aooonM oval rot be cleared until you pay are amaunla you axe us including; any oanudbns you hove authorized, Mane chaps, pest due tae, madiMt lee. reasoned psymant fes, cash advance fees and cry other fw ausued to your account. You are napaubie for Use amounts whether dey appear m you aeooue at the time you rmquest to doss the account or they an rammed wirs"usnt o you request to dose the aoOUm. This may nsuft i durgm tipper. on youracOUM after you have requested Ue account to be dosed. 7. Using Yaw Accent Your card waaouM cannot be used in connection with any Intent gambling Inormsollons. 6. NoUca About EleWWOnic Cheek Cmvsnen. Wien you provkM a dladn a paYmont, you eWha was us either to use information from Yoko duck to male a are-6ne alaetronie find tramhr from your bank account a to process tin psymont as a die* transaction. Winn vie use InMmrtlon from yolo chado to make an elaosoni hand tramilm funds may be vddkkewn from your bank account as can as tie fans day war too" your payment. and you will not stelae per check be& it= your flowdol suffusion. BILLING RIGHTS SUMMARY (Ins Case of Emurs or Questions about Ycu BB) If you think you bltl Is wrong, or d you need mom Information on e transaction or bit, write to us on a sepefau shoal a span ss possible at tie address for Inquires mtrerh w the front of this segment We must hew from you no later den Eb dap after we earn you the fins nit on which it* amor or problem appeared. You can tall our Customer Relations number, but daft se will not p- your right. In your Nlr, firm us the folowini; Inforrtudon: your rare and amount number, tie dollar amctrt of the suspected am, a description of the emote and an exportation, If pro "' , of why you bedew them Is an amar; or If you rated more nlonnWm, a deaip6on of On firm you an unsure about. You do not hew to pay any amount in question while we are nva diming it, but you mall obligated to pay the pars of you big that m not In Woolson. VMM we investigate gar quaaldl. ova cannot report you as defrlgnsm or teke my action to ocelot the fortuara you question. T. t Special Rule for Credit Card Purde ke s B you haw a problem with the quality of property or savtas Ural you purchased wen a credits card and you haw kind in good faith to coned tie problem with to rtadeM. you easy haw the ript not to pay the remaining mature due on ft vopery or fen ces. You haw No prolse . any when tie purchase pia we more than $50.00 and the purchase was marts In you home stab or ,M.100 miles of your maifg address. (N w pen or operate the maohanL a 0 war rmllod you the advertisement for the property or services, ark purchases m covered regardless of amount or location of purchase.) Pleass ranambpr to sign all correspondence. t Does not apply b consumer rancndk card accounts ) Dow not apply to busnese man-aeab card accounts Capital One supports iMann rtim privacy protection: tie our webue aaNOlg Capitol Ons Is a federally re"Wed service mark of Caps One FinandN Corporation. AN rams reserved. 02006 Capita One 01 BCWS8-0-12R1A5 ..tint Nate: Payments; you mall to e will be amad to your accent a of to kabels day as rsceha f, p ooldal (1) you end e batten paten ddla eWrmlsl ao gar test h din rltllsa mlWr emwape so (2) your psymert a rsrelved h oar praoaang inner by 3 pn. ET (12 oar Fr). Pala dow al haNfie(5) prat drysicr p=W dehwy. Pepma rstseed M u al aayotls bwtlm tr h my oft form may not be traded a of to day we mosini than. Our bushels drys as Monday Wo gh Saturday, adWng hot". Phandonottieeepes,pawrip,sin.withple"6 yourpaymers. c iG • I what's in your wallet?' 500010 MAKE A PAYMENT. AND TAKE CONTROL OF YOUR CREDIT WITH CAPITAL ONE? 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. 0 2006 Capital One Services, Inc. Capital One is a federally registered service marls. AA rights reserved. 500010.08503 FINANCE Previous Balance Payments d Credits CHARGE Transactions New Balance Minimum Payment Due Data $2,418.42 - $0.00 C$58.52D May. 03, 2007 + $78.00 = $2,554.94 Ci?1.00 rr. Mar. 04, 2007 - Apr. 03, 2007 Page 1 of 1 MUME PAY AT LWT THIS AMOUNT ACt Visa Platinum atinumAccount You're behind by three payments. That means you are temporarily unable to make new purchases or get cash 43U-6425-1303-6130 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 you re 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 $2,300.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $2,300.00 Payments, Credits & Adjustments AVAILABLE CREDIT FOR CASH $0.00 Transactions Finance Charges (Please see reverse for important information) Balance rate Periodic Ing FWANCE applied to rate R CHARGE Purchases $2,145.74 0.07712% D 28.15% $51.30 Cash $302.12 0.07712% D 28.15% $7.22 ANNUAL PERCENTAGE RATE applied this pwiod: 28.15% ® At Your Service 1.800403-3837 To call Customer Relations or to report a lost or stolen card: ® Sand payments to: Capital One Bank -P.O. Box 70884 • Charlotte, NC 28272.0684 A Send Inquiries to: Capital One • P.O. Box 30265 • Saft lake City, UT 84130-0285 1 03 APR PAST DUE FEE $39.00 2 03 APR OVERLIMIT FEE APR 03, 2007 $39.00 Under terms previously disclosed to you, some or 90 of your Annual Percentage Rake (APRs) have been increased since your account was past due twice in the past 12 biding cycles. H your rates have already increased, subsequent delinquencies extended the duration of the increased rates. Remember. ff we receive your minimum monthly payment on time for 12 consecu8ve billing cycles, this account will be reviewed for a possible return to your Non IntroduotOry APR. 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 reaxnmend that you allow at least 7 business days for your minimum payment to reach Capital One. 6056 506 1 7 3 070403 PAGE 1 of 1 OIBC6056 PLEASE RETURN PORTION BELOW WITH PAYMENT 0 4388642513036130 03 2554940064000281006 c4plwow I what's in your wallet?. Account Number: 4388-6425-1303-6130 New Balance Minimum Payment Due Date $2,554.94 $281.00 May. 03, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed ( Capital One Bank P.O. Box 70864 Itlttltttllttltltrlltl Charlottes, NC 26272-0864 lulrllnlntlrllurlulrlllutlalrlnlulnllnlulnllnrll Please print address or phone number changes below using blue or black ink. Address Home Phone Alternate Phone E-mail address CP :9009456945606170• NAIL I) NUMBER BARBARA A HARMER 104 S LOCUST ST APT 1A CAMP HILL, PA 17011-6734 ttrllltttlllrtrrttlltttllrllrrltttlrtlltrltrlttrllttrlllnlt 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. BARBARA A HARNER 1. How to Avoid a Finance Change. t a. Grace Period. You war hew a minimum grace paned of 25 days wreut firara charge on now purchases, now balance traders, now special purchases mid new other charges If you pay your oad 74sw Behan', In accordance with fir Important Naha far payrarns below, and N lime for kb be cradied by your mail el8,nent closing der. Thera Is no grace period all ash advances ate special bo sfem. In addlim Mere is n i grace paned 'Nw an any transaction if you do not pay the total balance.' b. Accruing Finance Charge. Transactions which are not road b s grace pMod am...said liana clauge 1) limn the dele cite trrnecliah ale 2) fern the role the tr.mectian is processed to your Account or 3) from the W calendar day or die fired bBkq period. AdtlltlrsMY. bayou din not pry the "Now Bslence' from the previous bMrq period in full. firma charge continue to sours to your unpaid balance uml the -paid balance is paid in ma. This means that you min s0 owe krwse charges, even N you pay rte antke Now Bdree Indicated on the Iron of yon statement by the mat stalarrrn dosing dale, but did no do so for to previous modh Unpaid Mora Charge en added to the applicable segment of your Account. t c. iMnbrean Foarhce Charge. For each burg pMOrl OW your aaaad k riled to a Amerce c aryp, a minimum tort FINANCE CFIARGE of 50.50 wall be imposed. t It. Temporary Reduction In Income Charge, Mfr reserve the right o not assess any rob finance charges far any given Wrap period. 2. Average Daly Balance (krru ling Now Purchases). Finance charge is aladaled by muNplykp the Wy balance of each segment of your aabwd (e.g., ash advance, purchoW special bans , arx! special purchase) by the corresponding dry periodic rays) that has bean previously deda..ed to you. At the and of each day dung to bong prod, we apply the dally periodic ode for each segment of your avast to that dairy balance of each esgrteot. Then at the and of to Willing period, war add up the rods of thase duty Wadsdrhe to arrive, at your periodic Mane cterge fr each esgmart 1% add up the rtl1A{ from each segwnt to anus at she Mid periodic finance charge for your srsud. To gal the day balance fr each segment of your roast M take le begkrip belches far soon segment and add any nowtranasa0rna and say periodic theme chaps calculated on the prsvlde dye balance or thd segment. We den suhaat any paymeass a aides pasted as of tat din #.I are Board to the segment. Thle gees a he separate defy brava b man segment of your account However, N you putt The Now Balmoo shown on yon previous dalament In full (r If your now balance was zero or. or.& herou d), nun frareecdons, which pal to your puds.e r special purchase egmerda are not added to the dally balances. We Wande the swamps dally barns by adding all the day basses together am dividing the sum by the number of the days in cis current bfkg cycle. To calculate your load frwra charge, mrslialy Your average daily bran by the daily periodic raw and by the number of days In ate being porkd. Out to rounding an a dolly basis or due to mirirwm M1unce d" aserermant Mara may be a vrisna between Ns calculation end the amount of finance charge acutely versed. 3. Annual PrarMpst Rats (APR). a. The Wm'AnnW Parentage Rats" may appear as 'APR' on the from of this liter mart b. M the code P (Quarterly Prime). L (OuarWy LIBOR), C (Quarterly CDZ or S (BaNVard prime) appears an the front of this smknwvt nine to the periodic rar(e), the psnodio he" and corresponding ANNUAL PERCENTAGE RATES may vary quarterly and may inrera or dacrease lased an the a1Wd radices, as found in The Well Bach Journal, plus ha margin Wevosly disclosed lo you. These changes will be NTeedw ones Ant day of your dNrg prlod covered by your periodic sW me d ending in the months of Jeremy, April, July and Otlobar. e If cis code D (Matey Prime), F (Monthly LIBOR), or 0 (Treasury LIBOR) appears on the Aom of your aaremert con o he periodic -W-1 the periodic male and corresponding ANNUAL PERCENTAGE RATES may very mcrhthy and may ncraess or decrease based a the bated Indlosr, as farad n Th. Wes Street Journal, plus the margin prWousy docko ad to you. Thera drergee wll be eaeclive an is Art day of your bake period each month. 4. Assessment at Lac, OvribNt and Reamed Payment Fees. Under the lebn , of your aatanw agmeavere, we reserve the right to valve or not o err any be without pnornotMcatono you wttoutwalvi g ourright aassess ft corner sknasrfe.. eta Irrtme. T 5. Ras oh VorAcaoes. go membership fss appears on the free of your statement, you have 30 days hen the rut via MW=rd ass mailed to you to avoid paying se fee or to have such lea aediled to you if you canal your account without having to pay the he ilmshipfes. To error yon scooan, you must nodly us by calling am Customer Relations Department and pay your New Balance in of (aslu ft the membership fee) prior to the our or the Nasty doy period. B. Mu Class Your Account. You can requem to doe your armed by coding our Customer Rasdwm Department You must destroy your credit cord(s) and secant access dads, real al was uilodzed bong and osese using your account After your request to doss. N you mormue to transact or do not canal prepshal»d WMrg arrangements, we will consider moral ala charge your authabeM In keep your acrid open. Additaaly, your amount will not be clued until you pay al amounts you owe w including., any tran"od" you hove authorized, fine ce charges, put due far. rsreemlt fee, resumed payment lass, ash ad- foss and my oUwfee veered b your amount, You am responsible far then amounts water OW appear an you account at the the you request to dose the amnnt or they am Incurred subsequent b your request to doe the account. Thk may mart in danpr appeasing on your account after you have -Pared the -11. be dosed. 7. Using Yates Acccura. Your card or amount cannot be used in connection with any Internet gambling asessialhons. 8. Notice About Electronic Chalk Conversion When You Provide a died as payment, you sWrorhe w of( to use kdormrion from your Check to make a ore-l rte deckonk fund barwhrfrom your brek adman or to process the payment as a check transaction. whwn wa use kdrmrkn from your deck in make an daaonic fund bansfr. hinds may be w hdrwn from your bank account ss aeon se the sans dry we raceme your p.~. and you will not roams your chock back from your financial Initiation. BILLING RIGHTS SUMMARY (In Case of Errors or OuesBOms about Your IBM) M you think your bill is wro% or M you wed more Information an a as reason or bill, was to ran an a sspsrar sled es soon as possible at the address for MgMw shown an the front of Ns staomML We must hear hone you no low than 88 days alter we sent you the trot hill on weds to error r problem appeemd. You an al our Cllsoner Ralstlnns number, but doing coo will not preaarve your rights. In your Who. grim us the following k#metlon! your name and account number, the dollar arrant Of the suspected error, a description of the able and an akplaa 10n, M possible, of why you below there is an error, or M you need room nlomrton, a doomplion of the item you a- unsure about. You ask not have to pry array arming in W"bon while we are nwtgseng a, but you we eta obligated to pry the pans of your all that an not in question. whoa war Inv..tlgar your grssion. we amd report you as dinquwt or hake my action to coded the amount you question. t, T Special Rule or Credit Card Puretrrs M you have a problem with the quality of proper or arvkas that you purchased when a radit card and you have trial in good faith to caned the problem with the mercers, you may have the right not to pay the remaining encased dun an the popery or services. You have this protacilce only wan the pure aces price our more than $50.00 and the p ..ohm was made in your home state a within to mass of your maing address. (M we cow or operate the merchant a M we mased you the adwrement for the property or serviw, all purchases sat Covered regardless of amount or location of purchase.) Pleas fornamblr, o sign all conresprean. T Does mt apply to consumer roncmdk cam accounts t Does notaA* o business mr o milt card scooads Capital One supports trdcrmation privacy proecum: W our w.baga at wave g ,alp. CA" One le a fedsaly registered service mark of Capita Once Randed Corporation. M rights reserved.O Me Capital One TC-08 01 BCWW - 6 -12121,08 keperan NoOm Paynwb you msl te m W a msdbd k y=Kwm r of he serer dsyve mrha a, paided (1)'Nw bar is bdbmpropofdksaarastandyakdadh"WHIM diendoua..velope met (2) your pernern is mahad in our praaersirg,saler by3py.ET(12race Pr).Plsaresitealk tn(5)budrdept,pwWd*my.Papnelih maksd by urdcry olhekcet. ark cry otlafam min not a vdee r she dsY a nand tlwn.llur buethw this n MeralN tmaigh SredN. errcaring lidi0rys. Pl w do not n.e raple, paper rip, so. sir peprip your pynee. Qwlwone" 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 fie check by phone service or speak to an associate by calling 1.800.955.6600. C 2006 Capital One Services. Inc. Capital One it a federally registered service mark. All righu reserved 500011-08503 FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date $2,554.94 - $0.00 + $59.81 + $39.00 = $2,653.75 $360.00 Jun. 03, 2007 Apr. 04, 2007 - May. 03, 2007 Page 1 of 1 PILAU PAY AT LEW THS AMOUNT Account Visa a Platinum Acc You're behind by four payments. You still can't make any new purchases or cash advances on your account. But you can still regain your charging privileges and bring your account back into good standing by paying the 8 38 amount due on your statement within the next 30 days. Unfortunately, If we don't receive a sufficient payment, Your Account Information we may have to pemenentty suspend your charging privileges. Need help? Give us a call at 1.000.955.6600. We'll work together to see what your options are to rebuild your account status. TOTAL CREDIT LINE $2,300.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $2,300.00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please see reverse for important information) Balance late to Periodic Corresponding orlding CHARG FKA E Purchases $2,275.71 0.07712% D 28.15% $52.65 Cash $309.30 0.07712% D 28.15% $7.16 ANNUAL PERCENTAGE RATE applied this period: 28.15% Payments, Credits & Adjustments Transactions 1 03 MAY PAST DUE FEE $39.00 Under terms previously disclosed to you, some or all of your Annual Percentage Rates (APRs) have been increased since your account was past due twice in the past 12 billing cycles. 9 your rates have sheady increased, subsequent delinquencies extended ft duration of the havased rates. Remember: R we receive your minimum monthly payment on time for 12 consecutive billing cycles, this m , ntwill be reviewed for a possible realm to your Non-Introductory APR. ® At Your Santa 1800803 3637 You were assessed a past due fee because your minimum payment was not received by the due date. To avoid To cab Customer Rela8au «to report a lost «sb en card: this fee in the future, we recommend that you allow at kest 7 business days for your minimum payment to reach Capital One. ® Send psymenis to: Capital One Bank • P.O. Box 70884 - charlotte, NC 28272-0884 A Send inquiries to: Capital One • P.O. Box 30285 • Sale Lake City, UT 84138-0285 6056 506 1 7 3 070503 PAGE 1 of 1 OIBC6056 PLEASE RETURN PORTION BELOW WITH PAYMENT "I what's in your wallet?. 0 4388642513036130 03 2653750064000360003 New Balance Minimum Payment Due Date C$2,653.75 $360.00 Jun. 03, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed Capital One Bank P.O. Box 70684 Irlrrlrrrllrlrlrrl"ll Charlotte. NC 26272-0664 lulrllnlurlrllurlulrlllnrlnlrlulnlullululullnrll Account Number: 4388-6425-1303-6130 Please print address or phone number changes below using blue or black ink. Address Home Phone Alternate Phone E-mail address Q #9012458945808175# MAIL ID NUMBER BARBARA A HARNER 104 S LOCUST ST APT 1A CANP HILL, PA 37011-6734 rr1111orlllororlltrJlJlrrLrJrrlLdrr6rrllrrrlllrrlr 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. BARBARA A HARNER I. How to Avoid a Finance Cleargo. i a. Grace Parted. You will have a minimum grace period of 25 days wMwa f na os charge on now purchases, new balance invaders. new special purchases and new other charges IN you pay your fttat "New BaWoe", In accordance with the Important Maine for payments below, and I. pane fr it to be ancient by your nerd statement doakp dais. Three is no grace period m cash advances and spatial transient. In aM&m Mm Y no grace period 'Naw on any transaction a you do not pay he Intel balance.' b. Accruing Finance Charge. TramaWom which we not sugeq o n grace pedod are aaso"W francs charge 1) tam On dare of ahs tmsacaon r 2) hm the date On tnme9m is processed to your Account r3) from cow first calendar day d cow caws btlkg grind. Addurtry, /you rid not pay dw'NSw Balance from the previous filling period in full, Mena charges crhtinw to acaw to your unpaid balance until tlso urpeo balance is paid in full. This means mat you may still ova fktsrwe charges, oven I you pay the wwa Nov Balekle Indicated on ft limint of your statement by the mail Mitterrand cloeft data, but did not do w for aso provions nmrYc Unpaid f rank o dwrges am added o the applooblesegent dyourAccount. I e. Wnknan Fiona Christie. For each Willing pared due your ac oou d 4 a ttisd o o Imnc?a dlarga, a nelkram teal FINANCE CHARGE of 50.60 will be imposed. t d. Ternporay Rod-". In Finance Charge. Yob mauve the right to not aesess any r all finance charges for my given bmft 2. Average Dely Baenra Pock ding New Pur.h-). Firms charge is calculated by Multiplying the dally balance of each segmard of yea acaum (e.g., ash advance, purchess, special frenefer, and special purchase) by the anespondi g dally priodo rae(c) that has been previously disclosed to you. At the end of each day during the being period, we apply the daily periodic raft for each segment of your account to the daily balance of each segment Than at tlso and of to blip print, are add up the results of these dally calaiations to rive at your periodic finance charge for each sopmm. Yye add tip gar results from esch "anent o ado althe feel pariodic fins charge far your amour To gal cow doily balance for each saigmat of your araurM1 we Was to beginning balance for each segment and add any now, vw eacoon Will any wo* finance charge calculated on the privWls days balance for dace segmam. Wes than Mbtrad any payments a claims posed as of eat day that am allocated ho Van sogmend. The gives us the sepaMe daly balance for each sagmati of your account However, If you past the New Salem shown on your praNous aetment In full (ar If your new balance was zero or a rsdf amount), mw trsmactlwr, which post to your purchase ar spacial purchase esgme is N not added to the daily lelonost. We calculate, the averps flaky balance by talking all the dally b&Mk together OW dividing the sum by the nurMre of the days In the current bang cycle. To caoulate your total fnence charge, multiply your average daily balance by the doily PwAft nob and by the number of days M to being period. Due to mundkp on a defy base or due to minimum Mnnce charge essacmlGnt, acme may be a vafitlla beaAeen ails nloulatlon and the amount of fnroe change actually assessed. 3. Annual Menge Rags (APR). a. The ter. Wnual Percentage Rate" may appear as "APR" on the from of this atMwno t. b. If cow code P (Quarterly Prink, L (Qaamry LIBOR), C (Quariedy CD), r S (Bon kccrd Prone) appears on the front of this statement mid to the periodic r&Wsl, the Periodic race and corresponding ANNUAL PERCENTAGE RATES may vary queerly eW cosy Inreaes r tlaresee based on the stWd Instance, es found in The Wall Slimed Journal, plus the margin previously disclosed to you. Time dw Vw will be effective on cow *9 ivy of your bON pwW covered by your periodic statement smog In ate monde of January, April, July and Odoser. m It the coda D (Monthly Prime), F (Monthly LIBOR), or G (Treaesy LIBOR) appears on the frond of your alalemam con to the parodic fee(s), the periodic raise and corresponding ANNUAL PERCENTAGE RATES may vary monthly and tray Increase or deoeeas bond m the stated Indlon, as found In The Wall Seven Journal. plus Ine margin proviously disclosed in you. These Mrgn will be elardw on dice Mat day of your being period each month. 4. ArmmaM of Lab, OverYrnR and Remained P*Wwd Fees. Under the emus of your awmnrr agreement, tea resell the right to wave or not to access any face without prior motllatlon oyouwithoutwdvkgourvighto has n s the sameoralmlaface at a Wartime. t S. Reasoning Yot rAccou t If a m-Ib ship fee appear on the front of your statement, you have 30 daychrn tine dW tits statement was raged to you to avoid paying as fee or to have soon fee credited to you H you canal your account without having to pay the membership fee. To cannot your scant, you must nmdy us by sling our Cu eonv r Relations Department and pay your Now Balms" In full (excluding the meveershlp foe) prior to vie end of the tiiry-day period. 6. If You Close Your Account You an request to doss your account by calling our Customer Relations Department You mud destroy yam radit cad(s) and acmkad arcs cheda, r8nei all preauawized agog and CNN usurp your account Alter your request to Boas, N you continue to Vermont or do not cancel prerNwdred being eRrgens", we wll arrWwrecalls of a charge your audwtra bn to keep your acctuml open. Additionally, year amount wall not be clued until you pay Y amounts you one us including: afy traneaUem you have authorized, finance charges. post due fees, oVwimit fees, returned payment face, cash advance face and any other feat woomod to your account. You are responsible far these ammts wfhathe they ripper on your account at the One, you m quest to dose the amount w they arc vaned subsequerr to yon fe tuact to dose cow amount The may result in cl ages apperkg on your account after you have requested the account to be closed. 7. Using Year Account Your card or account cannot be wd in commolon wilt arty Inerrsot parrlblYq 4emaWaru. 6. Notice About Oeseome Check Cenveralon. When you provide a check as payment, you authorize us either to use infomwkon from your choch to make a one-time electronic fund transfer from your bank avant or to process the payment ale a check transaction. YrAson we use kWonymOn tarn your dw* to make an elscaono fund transfer, funds may be will~ harm your bank aaaunt as soon M ate aartw day we recant your payment ant you wl not receive your check back horn your IInenclol Institution. BILLING RIGHTS SUMMARY (In Case of Emo s or Questions about Your BI) If yen think yaw hill in wrap, or if you need mono Information on a en martion or bill. write to us on a sciences shed es some as possible at the oddness for inquiries shown on the front dads statement We mot how from you ro oar awn 60 days after war ears you the amt be on which the err or problem appeared. You can MI our Customer RNtlbns number, but doing an will not preserve your rights. In your test, give us she blowing bmrnedm: your mnle ant aacwurt number. the dollar amount of the suspected on r, a description of the err and an explanation, a possible. of why you believe thee is an am; or it you road more nkurwlon, a description or the item you cm unawa about You do not have to (lay my amount in question web we are Wlvnfto*q k, but Yost we INN obligated to pay the par of your bill that are not In question. While we Investigate your Wasbm. we cannot report yea as da6n ue nt or We my scam to ooled the amount you Weapon. I, t Special fbtie for Craft Cold Pw&meo ayou have a poblan with the quality of property or services pad you purdmO with a credit card and you have tried in good forth to correct Ihe problem with the madpmt, you may have the right not to pay like remaining amount due on the properly or srvkea. You have "a protection only whin the pudnese trice was more than $60.00 and the purchase was made In your home site or within 100 miss or your malIng address. Of ww over or operate the msrdnmL or It we marked you the advemswront for the Property or services, all pLvd r an covered regardless of amount r location of purchase.) Places remember to sigh all cerrosp-derkne. T does nor apply to conaurmr-rack card accounts I Does not appy to Ouskws6 none e* card announce Capital Oro supports information privacy proterlion: area our wabamals oaggll00l,gpm. Capital One is a federally registered servos mark of Capita One Financial Corporation. AN rights reserved. O 2005 Capital One 015CWN-6-12RIMS lmporUM Ratra:Papnwbyoupreyowwlbewad dbyonstankwdma W*k daywncYak,Phwaat(1) YOU and ma batiam podim sltle sWwact rte your car n ion eWwad acdtaw awbpe sod RI ohs peynwni b naked n arpaeresanl law by 3 p.m. E (12 rem PTJ. Raw afro r Yasthn (S) hnnYaa days /arpnsat MMry. PMeasa necehstl by u d try olarbreiltn r n try olhrfam mry not b asdtd a rime Maw reoN.a ram Qrbunceso ds/s vie Ms^MY mmosgm Mssdsy, amusYg Mtlsys Row do not not swm. paw dips. etc. Man papa li your payment, 500012 COOW IT'S STILL NOT TOO LATE. what's in your walleV7 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 fig check by phone service or speak to an associate by calling 1.800.955.6600. m 2006 Capital One Services, Inc. Capital One is a federal y ngistemd service mark. AU rights ruerved. 500012-08503 FINANCE Previous Balance Payments b Credits CHARGE Transactions New Balance Minimum Payment Due Date $2,653.75 - $0.00 + $77.00 + $117.00 = $2,847.75 $547.75 Jul. 04, 2007 co-. May. 04, 2007 - Jun. 09, 2007 Page 1 of 1 PLEASE PAY AT (FAST THS AMOMT Platinum Account You're behind by five payments so we've permanently suspended your charging privileges. If you don't make a Visa Visa /abuts sufficient payment in the next 7 weeks your account is at risk for being charged off and reported to the national 43884425-1303-M 30 credit bureaus. Please don't let this happen. If you're feeling overwhelmed, call us at 1.800.955.6600. We'll work Your AceOU- Infomlatlon with you to resolve this matter. TOTAL CREDIT LINE $2,300.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $2,300.00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please see reverse for important information) aappplieed to nce rate Period Correll Purchases $2,380.90 0.07712% D 28.15% $67.94 Cash $317.40 0.07712% D 28.15% $9.06 ANNUAL PERCENTAGE RATE applied rids period: 28.18% ® At Your Service 1.800.803.3837 To wt Customer Roladm or b report a lost or stolen card: ® Send payments to: Capeal One Bank -P.O. Box 70884 • Charlotte, NC 28272-0884 A Send Inquiries to: Capital One • P.O. Box 30285 - Salt Lake City, UT 84130-0285 IMPORTANT INFORMATION ABOUT YOUR GRACE PERIOD: If you pay your balance in full away 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 mom details and thank you for your business. Payments, Credits 8 Adjustments Transactions 1 04 JUN PAST DUE FEE $39.00 2 09 JUN CAPITAL ONE MEMBER FEE $39.00 3 09 JUN OVERLIMIT FEE JUN 09, 2007 $39.00 Under terms previously disclosed to you, some or all of your Anrwal Percentage Rates (APRs) have been increased since your account was past due twice in the past 12 bilfi g cycles. H your rates have already increased, subsequent delinquencies extended the duration of the increased rants. Remember: If we receive your minimum monthly payment on time fa 12 consecutive billing cycles, this account will be reviewed for a possible return to your NorOntroductory APR. 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 9 070609 PAGE 1 of 1 OIDM6056 PLEASE RETURN PORTION BELOW WITH PAYMENT 0 4388642513036130 09 2847750064000547756 CAIIIIPIWOW . I what's in your wallet?. Account Number: 438&6425-1303-6130 New Balance Minimum Payment Due Date $2,847.75 $547.75 Jul. 04, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed Capital One Bank P.O. Box 70664 IrluluPlllulnlrlrl Charlotte, NC 26272-0664 LdrILPlrrrlrllrrrlrPIPIILrrLdrLPlrrlrrllrrLrlrrlLrrll Please print address or phone number changes below using blue or black ink. Address Home Phone Alternate Phone E-mail address d0 #9016158945808177# MAIL ID NUMBER BARBARA A HARNER 104 S LOCUST ST APT lA CAMP HILL, PA 17011-6734 rrdllrrdllrrrrrJlrrrllrllrrLrPLPIIrrLrLrrlLrrlllrrL 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. BARBARA A HARNER I. Nor to Avoid a Finance Charge, t a. Gran Faded. You wit have a minimum grace period of 25 days withal ftrerha Charge m new Purchased, raw balance transient, new special P mdch s and new other charges l you pay your total "New Balance, In accordance with the Important Notice for payma b; below, and In time for it to be credited by your psyrnant due date. Than is no WOOD period on ash advances and special transfers. In addition, there is W grace period on any transaction if you do not pay the total 'New bNana." b. Accruing Finance Charge. Transaetlaa whkh are nr arb)ec1 to a gas period w anwaed finance chamga 1) from Yee date of the transaction or 2) from the date the barnerion is precwnsd to your Account or 3) from the fist calendar dry of Are cram berg period. Additionally, If you died not Pay the 14w Satan' from tie Previous billing period in full, Arta changes continue to aarus to your unpaid baMrtw unit due unpaid balance is gold in full. This mesa mar you may so owe rasa charges. even I you pay the rare Now Balance Indicated on lw hat of your statement by the payment due dote, but did not do so fr the previous month. Unpaid IMerhce charges an added to the applicable segmens ofyourAC rlt. t c. AMkrsam Firearm Charge, For each bttrg farted that your armed Is st0)ect to a firma charge. a minimum total FINANCE CHIAME d10.50 Will be Imposed. t d. Temporary Reduction In Finance Charge. Won reserve the right to not saved any rail Inane charges for any given billing period. 2. Avenge Daly Balance (Including NOW Pumhaa? Finenoe charge Is calculated by muRplying the dally balm" H each "Wnent of your account (coq, cash advance, Pradaed, special hralar, and special purchase) by the corresponding dry parodk rag(s) that has been previously disclosed to you. At the telling prlod, we apply the daily perlo6c rate for dad sealant of your account to the day balance of each seWned Than at tine and of the bitig period, won add up the resub of the" daiy'aldhetbns to arrive at your periodic franca charge for each "Worm. 1Ne add tip tto results from each segrnem to arrive as On total perkde finance chortle for yon ocean. To get the day balance for each sepnenld your sccorn, we Was to beginkg balance for each eegmate and add any new bama sons and cry Periodic firre d4wp calculated on due prmio s days balance for that seWrwa, We tan Kft a any payments or asdb pealed as of Van day that are allocated to that segment. This gives us the separate daily balena fr won sapr a t of your amount. However, h you paid the New Balance shown on your previous statement in NI (r If your new balance was zero or a craclit amount), new Irrwadiona, which Pam to your purchase or spacial purchase wgmaa are not added to the dairy balenaes. We akhlate me average dally balance by adding all the dally belrres together ondl dMdng the am by the number of the days in the anent hitting cycle. To calculate your total finance charge, multiply your average daily bell- by the tidy perodik rate end by ow number of days in la' b*V period. Due to rounding on a daly brio r due to n Inkratm fiance chrga assessment, there may be a variance between Are abuledon and the amount of finance charge actually assessed. 3. Awned Pafc~ Raba (AP4 a. The lerm'Annual Percentage Rate" may appear es'APR' on the had of this awwmant. b. Alto code P ((uedMy Pmes), L (Ouaarty LIBOR), C (Quarterly CD), a S (Benkard Prime) appears on the front of this statement mad to the prludk rate(s). the periodic raise and corresponding ANNUAL PERCENTAGE RATES may toy rPonterly and may Incase or dosses based m the ateled indicant. as faced in The WNI Spell Journal, Pha the mar* ivahawly disclosed to you. These dharg" wil be effective on the Are dry of your billing period covered by your twbdic statement ending in the months of January, April, July and October. a If A. cods D R+lonthy Prima), F (Monthly LIBOR), or O (Treasury LIBOR) appears on the /morn of your statement and to the periodic row(s), the periodic reed and corresponding ANNUAL PERCENTAGE RATES may wry monthly and may increase or decrease hued en the slated Indkes, as faced in The % WI Sovelt Journal, plus the margin previously disclosed to you. These chergea wit be effective on the first day of your blkg period each mover. 4. Aaeaaeant of LHe, OvarIMH ad Returned payment Fees. Under the terms of yaw customer agreement, we reserve the right to want or not 10 ""am any hia without priorn0k W m to you wlNan wahhq ourright to assess the aama a sirhiler f"s H a item lime. t S. Rerea tng View Account l a nwmbraMP fas appeals on the front of your stetemsm, you him 30 days from the data this Haamam was malted to you to avoid paying the lee or to have such to credited to you t you cancel your account wiMout having to pay the mernhership fnt. To cancel yam account, you must notify us by alig our Customer Relations Deperbnant send pay your"New Balance to full (excluding the membership fee) prior to the and of Me dirty-day period. A. IYeu Cie" Your Account You an request to doss your account by calling our Customer Rated" DepeMeent. Yoe must destroy your credit cord(s) rd account access chacks, carrel all praeutlwm¢ed biting and oefie" using your account Alter your request to close, l you coMYuts to transact or do not cancel prornhodaed hitting arrangements, we %it consider moelq of a doge your stabotbatan to keep your account pen. Additionally, your amount will not be dosed until you pay am amounts yrr ovre us inducing: any transactions you have authorized, chance charges, pest des lees, ovrMe k fur, named pay-A fur, ash advars few and any other feu messed to your account. You are responsible rr these amounts wtwlwr OW ppearon your account at the Anne you request to do" me acccunt or they are caned subs"usm to your request to does the account. This ray rerM In darges appearing on your account efir you hew requested the account to be dosed. 7. Using Yam Acceuni. Your card or account cmnr nn used in connection with arty Internet gambilng aarnaaara. A. Naga Abad Electronic Cheek Conversion Whin you pmovids a dwrk an payment, you aulmrM us either to use information from your ch ok to make a o"4ime eteaonk had Vemel rham your bank account or to process the payment ed a check transaction. Villain we use Information tom yon tltodm to make an electronic Aced transfer, funds may be witdrewn Arum your hank soaurs as soon as tto tame day won rectos your payment, and you well not me" your check beck hors your fiendal ihulkelon. BILLING RIGHTS SUMMARY (to Case of Errors or Questions about Your BIN) It you Irkrk your bill In wrap, or tyou need more Information on a "I"cl on or bill, write to us an a "Pants star u soon u possible H the address for inquiries shown on Inn from of tits statement We must hear from you a later than AO days after we tam you the And bill w which the senor or problem appeared. You can al our Customer Relations number. burl doing so will not Preserve your rights. In your law giw ue the folowYg Information: your era and account number, tie ddr amount of the suspected aria, a description of the ertor and an explanation, I possible, of why you believe lws Is an mom; or I you need more itormation, a description or the item you am unsure about You do not haw to pay my amount in question while we we InvNtlgdrq it, but you are sun obfipatsd to pay the pre of your bit that ars not in Wealon. Whale we Invesagaie your question, we cannot spat you as doinpret or take any action to collect to amount you question. 2. t Special Rub for Credit Card Purchism If you have a problem with the quietly of map" or services that you purchased with a audit card and you have kind in good firth to erect tw problem won Are mrrdent you my have the right not to pay the rrnalnieg simohrt due on the property or services. You have this protection only Wwn the purchase rite was more then 550.00 and the pucheon was made in your home Maio or within 100 mules or your malting address. of we own or operate the mwdhartL a t we misled you the a0wrtlssrant for the property or services, all purchases are cowed regardless of amout or location of purchase.) Planes remember to sign all correspondence. t Does not apply to consumer noncredl card accounts t Does nrapplyfo busks s; nonoredf card accowds Cpksl One supports infrmatkn prelacy praaclon: ses our walatte at gam. Capital Oro Is a federally registered service man of Capita One Financial Corporation. AN rights reserved. O 2006 Caphal One bpatrn Notlr:psieakyoumaibovlbs re I byouerrantrofda Weberdrywmnhek, pmrUed(1) you and de botom piston d Ws sWrwn end yam dnd h is eedrW renBrhoa envsbpe a e pry yam payment Is salved in cur prooeang arse by 3 pm. ET (12 coo PT). place alow at keal0.e(R WYwr drofor porW d*my. Pgmna srked by w al ant Wwloaatim win cry atlw fans may ea te radtsd r rite dryw reaeia tlwn. Qr buaher drys asMaWy tladgh SaaWry, rdedYp Ineidera Phu" do not use rupler, PaWc dips, etc. when praprkg Your prynwt. callow what's in your wallet? NOT PAYING YOUR DEBT M13 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 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 acmunt from being charged off. ® 2006 Capital One Srrvicet, Inc. Capital One is a federally registered service mark. All rights reserved 500013-OSS03 FINANCE Previous Balance Payments 6 CretBts CHARGE Transactions New Balance Minimum Payment Due Date $2,847.75 - $0.00 + $66.81 + $39.00 $2,953.56 $653.56 Aug. 03, 2007 Jun. 10, 2007 - Jul. 09, 2007 Page 1 of 1 Vlw Platinum Account 4388-6425.1303-6130 Your Account Information TOTAL CREDIT LINE $2,300.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $2,300.00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please see reverse for important information) Belied two Prorate Corresponding ong CHARGE Purchases $2,561.93 0.07712% D 28.15% $59.27 Cash $325.70 0.07712% D 28.15% $7.54 ANNUAL PERCENTAGE RATE applied this period: 28.15% ® At Your Service 1-800.9033617 To call Customer Relations or to report a lost or stolen card ® Send payments to: Capital One Bank • P.O. Box 70884 • Charlotte, NC A Said Inquiries to: Capital One • P.O. Box 30265 • Salt Lake City, UT 6056 506 1 07 9 PLEASE RETURN PORTI woliv I what's in your wallet]. RFA% MY AT LEAST THS AMOUNT Your account is six payments behind. If we charge off your account due to late payments, we will report the charged-off status to several national credit bureaus, and the Purchase APR as reflected on this statement will be applied to all your outstanding balances. Act now to prevent this from happening. Please pay the amount due on your statement or give us a call at 1.800.956.6600. We'll work with you so you can take control of your account and start rebuilding your credit with Capital One. "Important Notice" Under the terms we previously disclosed to you, your account is now eligible for an increase in Annual Percentage Rates (APRs) effective Immediately. However, Capital One has elected root to raise your APRs at this time. Please be advised that 9 you fag to keep your account in good standing, Capital One reserves the right to raise your APRs in the future. Payments, Credits 8 Adiustments Transactions 1 04 IUL PAST DUE FEE $39.00 28272"08M 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 leash business days for your minimum payment to reach Capital One. 84130-0285 070709 PAGE 1 of 1 OlDM6056 ON BELOW WITH PAYMENT OR LOG ON TO W W W.CAPITALONE.COM TO MAKE YOUR PAYMENT ON LINE 0 4388642513036130 09 2953560064000653562 New Balance Minimum Payment Due Date $2,953.56 $653.56 Aug. 03, 2007 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed Capital One Bank P.O. Box 70664 l,IrrLrLlrtrllJrLl Charlotte, NC 26272-0664 LrIrILllTrddlrrdte1111LtrhdtlHlrrlrtll,rLtlrtllrrtll Account Number: 4388-6425-1303-6130 Please print address or phone number changes below using blue or black ink. Address Home Phone Ahemate Phone E-mail address Q #9019158945808174# MAIL ID NUMBER BARBARA A HARNER 304 S LOCUST ST APT 3A CANP HILL, PA 37033-6734 rtrllhrdllrtHtdLtrllrllHLrt6tILlLdrrdherllhrlr 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. BARBARA A HARNER t. How to Avoid a Finance Chug. t a. Grace FeHOd. YOU will have a mWmum grata ww of 25 days wMmoa Ikwtce dtarga an near purduam, new baknca twwkm, new ape" parcaases ant new other cha rg" f you pay Your total -New Balance'. In accordance W M the Important Notice for Payments [elan, rd In tkns for N to be dadrd by your payment due dab. There is no grace Period on cash advances and spacial tamhra. In addition, Ilene is ro grace Period on any transaction 4you do not pay the total 'Now b, Accruing F%wco Charge. Traneacdow ~ are nor sub(ad to a grace pedod are amaaed lhunce d%wge 1) from Us data delta wrmcdon or 2) fretm dad due Me tratpctim is Processed to your Amount or 3) from ft finl calendar day of Nita awemblhhg period. Adkstlm ft If you rid not pity *a'Now BSlence' from rite previous bi tg Period n U. Mama dtwgr amhma to socrum to your unpaid boance With to unpaid aWme is pally in full. The moue Mat you may 6W own Mrlee Chirgss, Hen ti you Pay he entire New Balance kdlcaad m 20 wolf Of ricer ataNmsnt by de paykwnt due dale, cad dad not do w fa fad previous month. Unpaid finance dwgea ate added to rite appwcable segment of your AaounL t c. Iwnkmaa Finance Charge. For each bang Period hat Your account is eunfed to a Ana charge, a mldm%nn tcW FINANCE CHARGE of$11AW Will be Woofad. t d. Temaarary Redu4*M In Finance Charg.. We reserve d0 rigln to not "asm any or a%frratme chary" for wry given bill%period. 2. AvSrage Dtly BaMta (hndudng Naar Pureh"aa). Fkwroa charge Is caiddated by muRplykq the daily balance of each sepwnt of your aeedunt (ag., coat advance, purchase, speCW NWUW. WW spedW Psc he") by the previously pr din daydoaed pwio to Accts) had of obeen y d0 you. . At ft and d each day during the being period, we sppiyMe daily periodic rata for each segment of your account to ha daily balance Of each ser" Than at to end dada Wing Period. Rea add cp Me mule dad"a dally caladedons to arrive 0 your periodic henna aw" for each "gnwt. YA add Ip"rearm from each sepwm to smve at Iha/aW periodic *Wve dwo for your account To aft the daily helalha for oath mgmeutd your eddatrrt. we aka tea hepkrirg beWta for Sam wW rd aw add may new Owmad1cm and rip PWlmk finance dhaga caidtaled on are Wwolow days balance for Mat sprlwtt MI, awn wboad my paynwm oraedtia pound as of dw day hat are asocNd to del ragman. This gives us to *operate daily bel"a for each sagnwtd your account. However, a you paid tN New BMata "vet on your pmvtorr statement in ful (w Hyde oar baler" was zero or a craft semen), new bwumc orm, which pod to your ptedte" or spacial ptachaea fagmenls am not added to the daily beisnoo, Yoe calculate Me average dally balance by adding as the day belanom blister Md dividing the sum by the nanber of the days in the current biisvg We. To calculate your lofal Maros charge. -AUPly Sle mother of days in the bMWp period. Clue to nordtg on a daily beak m due to nW&wm Memto dwge aussarrent, hen may be a vanwoe between Ws calculation and he amount of 11110106 charge aaiaiy, assessed. 3. Anneal Pmeanage Rows (API), a. Thor tam 'Annual Parcentow Reis' may appear r'APR' on Ile from d rids statement, b. If the code P (Quarterly Primm} L (pwtarty LIBOR), C (quarterly C% or S (Berkcerd Prima) appears m the front of his staanent nee to ft periodic Wa(s), rte periodic rates and coneSpordng ANNUAL PERCENTAGE RATES My wy gAdry and may hnawe or dmce bored on ho stm wd kwAoes, m& bu and in The Wale Sheet Jomw, plus ON margin pramusly dmdmW b you. The" denhpm will be atecdvs on the Nat day of your b/kg Parled aarwed by your periodic AMMS t andkg in the months of January, April, rely ant ocww. M N the code D (Mmdnly Prima), F (MonWt, LIBOR), or G (imMq LIBOR) appears on to from of your statement end to Ms perNdc ros(e), hs periodic etas and cotr"Pwx" ANNUAL PERCENTAGE RATES ley very monthy ant may iwea" or decree" brad on the stead Indices, "found in Th. wag St"t Journal, plus iM .11 be 606 WS previously W ft GM day of Me bad Pwbdwach lronn. 4. A"atamwlt at Lea, Dwagrnll and Mounted permed Fem. L4xW the tart" of your oastornr agreement, ens reawvo Ma rigid to "I" or not to ae"" any fees Wmout prlornodksWloyou withoawaNkngourogNto asms, the "ma w sbm W hr at a tar f ims. V r% Rrlelewg Vi w A06arw. N a tanOaranip ore appars m ft front dyoa staluwm, you he" 30 days tom fad data We aalerwm w" mailed to you to avoid paying One f" or to haw much fee credited to you N you cancel your account widwd Ming to pay ne nenMrathWf". To cencel your woourt, you most no" us by casing me Cuslonher Relations Oaparbrtcrtt and pay your 'Now Balance In full (excluding ton mombwv* t") Prior b the and of to Wdy dwy Period. d. R You Ca" Your Account You can request to dose your account by calling our CwMwr Relations Depwmmmt you must destroy ymramdtcad(a)&Ad w untotem dad., cancel ail preauthanzed billing end ales using your account After your mrsest to dose, N you corer e to traced or do nor C"ai Veoudwdaed bating arrangements, we Will 00,0161,-WO of a darpe your wihdhMon to keep your account open. AAdleenasy, your account WIN net be dad uma you pay as amaunta you owe m ndudirg: any kmneadb" YOU ton auhd1m0d, *Woo dmrg", past due fees, mwl"* 0164, maarted Potentials fees, cash advance fees and any adw fees aesesrW to your scocu t. You em '"PorwitN Pot tad" amounts w10Nher a" spear m you 500"" at the tma you IBgltea to do" ha scowm or May are Incurred subeaquem b you request to does fad armWa. Pilo may result in dwges appealing on your account after you have megUMed to atxout to be dosed. 7. Using Your Account. Your cud or sooount camot be Lead in kwnneckon with arty nwwt gmrWq wwwador. 9. Notice About Electronic ChwA Cenverskm What you provide a citatk as psymard, you sudit. us entat to use information from your dwok to nteke a on"" electronic fund branWer from your bank account or to Process did payment as a deck tranaaddon. V^mn we m information from your draft to make an elear"Ic am pander, Nnda may be wahdraw flom your tank account as soon ore the funs day we mules your parnaft, and you will notnaNe your check back hen your Rtatclel httWoon. BILLING RIGHTS SUMMARY (In Cow of Errors or Quest" about Your BSI) It you huh your bill Is wrong, or Nyou need more Wormaocn on a ftnnCbat or bill. Write to us m a separala at" me scow as possible at am address for imhgdlies dawn an the fret d hle alatenemt ft Read hear from you no tear teat 00 days she, the aeon you the fad bM ern Wt ft he error or prdbNm appssmd. You an dl our Cuaomu R*Wftw rermbw, but doing to WIN not preserve your Agltle. In your letter, give us he WmAV kdann"on: your wren and amount manner, ore dollar smoLms of the suspected anw, a description of the anon and an explanation, If possible, of why you believe tore Is an error; or es you need more Womadmh, a description at the item you are unsura Stout You do not haws to pay any weer" n question While Rea We Nvestpaitg it, but you are still obligated to pay ate pads of your bill *0 are rot in weedon. Whm we kwasagale you Wash n, ens cannot report you m 61angtwi or UM any action to collect tad amotml you quaaion. t, t Spacial Rule for Credit Card Padh mm a Nyou h m a problem with iM *a* of Woperty or services dig you purdtmed with a us& card and you I m tried in good faith to oared tad Problem win Sle mrerdwd, you may two he riot not to WY he ramddrtg snood due on to propaly or servtoee. You hm INS proadtlm only when the purdem price ear mom Than MOO and fad purchase Rem made In pour horme aid or cites 100 MIN of your nasktg address. Of Rea deal or operate the nlerdhant, or it wa mall" you are acwrammsm for he PropMy or services, all pwdhmm ab mwered regardless of mm" or base of purchase.) Plesse ramaabsr to aipn ail t Does notAppp'M consumer nomemdlt card accounts $ Does not apply No bushman non-dreds card accounts Ceptei One supports in ownwAsn povacy promotion, a" our websNeatYAywco kskno . Capital One Is a federally neglelanO seryla mwk of CaPaid One Financial Corporation. Al riglw reaaved. 020M Capitol Ow khawbM N#Um Psynwnb you mW b a W be oWW N)aw smeaKnotte busies drym ma" s, pawed (1) you savi to same paecnd aie smsmmt ad your dwd In do assailed tanaW" anrMge ad (2) you paptws Y Nc" lam p eceerkp rmer by 3 pm. ET f12 now PT). Pare Wow arestMe(6) buiwrdine trPostal delivery. Prpwgs me" by etc it ay olmlodan at w1oarnnnmay1101ba01 rdtlwdey-so" VWU Or buamte dad ore Maly Mwgt Sasedy, excluding h.16M. Pam do not m stapes, Papa dips, at Mori prepenp yea w0wt. C f f I, GREGG MORRIS, attorney for Plaintiff, CAPITAL ONE BANK (U.S.A.), N.A., hereby certify that a true and correct copy of foregoing document was served this date by ordinary mail upon the following: Geoffrey M. Biringer, Esq. 401 E Louther Street, Suite 103 Carlisle PA 17013 Date: May 04, 2009 PA 65 Certificate of Service Gre g . orris, Esquire Pa ud & Felix, A.P.C. 21 ain Street C e ie, PA 15106 ( 1 429-7675 P&F File No 08-85647 ?1 RL? RICE OF VIF PR TE ONOTARY 2009 MAY -6 P .1 1: 12 CU TY CAPITAL ONE BANK (U.S.A.), N.A., Plaintiff V. BARBARA A. HARNER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 09 -1819 - Civil Term CIVIL ACTION - LAW PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT AND NOW, comes the defendant, Barbara Hamer, by and through her legal counsel, MidPenn Legal Services, and files these PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT, and in support thereof avers the following: 1. Plaintiff is Capital One Bank, with a listed address of c/o Patenaude and Felix, A.P.C., 213 East Main Street, Carnegie, PA, 15106. 2. Defendant is Barbara Hamer (hereinafter "Defendant"). 3. Plaintiff filed its complaint on March 23, 2009. 4. Defendant filed Preliminary Objections on April 15, 2009. 5. Plaintiff filed an Amended Complaint on May 4, 2009 6. Plaintiff claims that it is owed a balance on account for $3,064.20, plus interest, for use of a credit card. PRELIMINARY OBJECTION PURSUANT TO PA. R.C. P. No. 1028(a) (4)) (Demurrer) 7. Paragraphs 1 through 6 of Defendant's Preliminary Objections are hereby incorporated by reference hereto. 8. Plaintiff does not allege that there was any agreement between the Plaintiff and the Defendant. 9. Plaintiff attaches an application for a credit card, an unsigned boilerplate agreement and a series of billing statements, nothing wherein the Defendant acknowledges a debt. 10. Absent such allegations, Plaintiff fails to adequately state a cause of action. 11. Plaintiff's claims that Defendant opened an account with Plaintiff, but fails to describe how Defendant was unjustly enriched and does not include an itemization of the goods purchased, information that goes to the very core of Plaintiff's claim. WHEREFORE, Defendant prays that Plaintiff's Complaint be dismissed with prejudice for failure to state a cause a cause of action. PRELIMINARY OBJECTION PURSUANT TO PA. R. C. P. No. 1028(a)(3) (INSUFFICIENT SPECIFICITY IN A PLEADING) FOR FAILURE TO PROPERLY PLEAD ITEMS OR TIME, PLACE AND SPECIAL DAMAGES 12. Paragraphs 1 throughl l of Defendant's Preliminary Objections are hereby incorporated as if fully set forth herein. 13. Plaintiff claims that it is owed a balance of an account in the amount of $3,064.20 but attaches no exhibits which support this claim. Pa. R. C. P. No.1019(f) requires that averments of time, place and special damages shall be specifically stated. 14. Plaintiff's general assertion of damages therefore is in violation of Pa. R. C. P. No.1019(f) and renders Defendant unable to properly defend this action. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice for insufficient specificity in a pleading. PRELIMINARY OBJECTION PURSUANT TO PA. R. C. P.No. 1028(a)(2) and No.1019(i)(FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT) FOR FAILURE TO ATTACH A WRITING 15. Paragraphs 1 through 14 of Defendant's Preliminary Objections are hereby incorporated as if fully set forth herein. 16. Plaintiff bases its claims against Defendant on an account opened by Defendant and use of this account. 17. Nothing is attached to the Complaint, however, of any agreements between the parties, or any list of items purchased by the Plaintiff. 18. Pursuant to Pa.R.C. P.No. 1019(i), when a claim is based upon a writing, the pleader must attach a copy of that writing or provide explanation for its absence. 19. To the extent that any credit agreements between Defendant and Plaintiff, are written, Plaintiff's Complaint fails to comply with Pa. R. C. P. No. 1019(i) in that Plaintiff has failed to attach to its Complaint a copy of any such written agreements or any explanation for the absence thereof. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice for failure to conform to a law or rule of court. Date ZG>?J9 Respectfully submitted, MidPenn Legal Services By: Geoffrey Biringer 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, being a member in good standing of the Bar of Pennsylvania, hereby certify that I served a true and correct copy of the foregoing Preliminary Objections To Plaintiff's Amended Complaint on this 12th day of May, 2009, by placing same in the United States mail, first class, postage prepaid, addressed as follows: Greg Morris, Esquire 213 East Main Street Carnegie, PA 15106 By: Geoffrey M. Biringer Attorney for the Defendant 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 T FILED +'-?? V "'I 2009 MAY 12 Aii ! i : 15 i' t w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff V. BARBARA A. HARMER, Defendant(s) NO. 09-1819 PLAINTIFF'S ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT Filed on behalf of: Capital One Bank, Plaintiff You are her y tified to file a written re nse 'thin the time provided b the R es o ivil Procedure or a judgm may be tered against you. Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Pittsburgh, PA 15106 (412) 429-7675 ANSWER TO PRELIMINARY OBJECTIONS.LEGGE, BARBARA HARNER.08-85647.CUMBERLAND.ATTY BIRINGER.MIDPENN.wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. ) Plaintiff ) V. ) BARBARA A. HARMER, ) Defendant(s) ) ORDER OF COURT AND NOW, this day of NO. 09-1819 2009 upon consideration of Defendant's Preliminary Objections Plaintiff's Amended Complaint and Plaintiff s Answer thereto, it is hereby Ordered that the Defendant's Preliminary Objections are hereby DENIED. By the Court: J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff V. BARBARA A. HARMER, NO. 09-1819 Defendant(s) ) PLAINTIFF'S ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS PLAINTIFF'S AMENDED COMPLAINT AND NOW, comes Plaintiff, above named, by and through the undersigned counsel, and files the following Plaintiff's Answer to Defendant's Preliminary Objections to Plaintiff's Amended Complaint, and incorporates herein by reference the averments set forth in Plaintiff's Amended Complaint in Civil Action filed at the above number and term, and further avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. PRELIMINARY OBJECTIONS PURSUANT TO PA.ILC.P.1028(a)(4) 7. Plaintiff incorporates by reference, Plaintiff's responses to Paragraphs 1 to 6 as though fully set forth herein by reference. 8. The paragraph states a conclusion of law to which no response is required. Without waiving the foregoing objection, the averment is denied. Strict proof thereof is demanded at trial. By way of further response, The Amended Complaint is set forth in two counts. Count I states a claim for default of an account stated and the signed application for credit, the credit card agreement and billing statements dated August 3, 2006 to August 3, 2007 are attached to the Amended Complaint in Civil Action. Count H is for breach of contract consistent with the terms of the credit card agreement. The Amended Complaint in Civil Action is incorporated herein by reference. The document speaks for itself. 9. Denied as stated. The Amended Complaint in Civil Action is incorporated herein by reference. The document speaks for itself. By way of further response, Pennsylvania law does not require signatures to create an enforceable contract. Hartman v. Baker, 766 A.2d 347, 351 (Pa Super. 2000). On the contrary, agreements may be accepted by conduct as in the present case. Hartman, supra.; Schreiber v. Olan Mills, 426 Pa. Super. 537, 627 A.2d 806 (1993). By way of further response, the billing statements show that Defendant was making payments on the account. 10. The paragraph states a conclusion of law to which no response is required. Without waiving the foregoing objection, the averment is denied. Strict proof thereof is demanded at trial. By way of further response, the Amended Complaint in Civil Action is incorporated herein by reference. The document speaks for itself. 11. The paragraph states a conclusion of law to which no response is required. Without waiving the foregoing objection, the averment is denied. Strict proof thereof is demanded at trial. By way of further response, the Amended Complaint in Civil Action is incorporated herein by reference. The document speaks for itself. The purpose of Pa.R.C.P. 1019(a) is to for the Plaintiff to put the Defendant on notice of what the plaintiff intends to prove at trial. Weis v. Equibank 460 A.2d 271, 274-275 (Pa. Super. 1983); Laursen v. Gen. Hospital of Monroe County, 393 A.2d 761, 766 (Pa.Super. 1978). Clearly, this is a credit card account that Defendant used for several years. Defendant has independent knowledge of how he used the account and what charges he made on the account. Defendant's retention of the statements without objection or protest clearly manifests his assent to the accuracy of the balance due. Restatement 2d of Contracts § 282. The Restatement Second goes on to say "a party's retention without objection for an unreasonably long time of a statement of account rendered by the other party is a manifestation of assent." Restatement (Second) § 282(1). This rule is consistent with the requirements established by Regulation Z of the Truth in Lending Act (TILA). 15 U.S.C. 1601 et seq. The regulations provides strict time limitations for the resolution of billing errors upon lenders provided the debtor affords the lender prompt notice (within sixty days) of the alleged dispute. 15 U.S.C. 1666.' Defendant received the billing statements, retained the statements without objection or protest, and made payments on the account. Plaintiff justifiably relied on Defendant's failure to object to the statements and his making payments on the account by continuing to extend credit to Defendant. WHEREFORE, Plaintiff request that the Court enter the attached order denying Defendant's Preliminary Objections to Plaintiff's Amended Complaint in Civil Action along with any additional relief the Court deems appropriate under the circumstances. ' These matters were addressed by the Court of Common Pleas of Lackawanna County by Judge Nealon in Commonwealth Financial Systems, Inc. v. Michelle Barnard, 07 CV 1384. A copy of Judge Nealon's decision is attached hereto as Exhibit "A" for the convenience of the Court, and in Lebanon County in Capital One Bank v. Yadira A Torres, 2008-00723. A copy of Judge Eby's decision is attached hereto for the convenience of the Court as Plaintiff's Exhibit "B" and in Capital One Bank v. Angel Medina 2008-01462 as Exhibit "C". This was also addressed by Judge Mascara in Washington County in Capital One Bank (U.S.A), NA v. Theodorea Deems, 2008-7610. A copy of the Order is attached hereto for the convenience of the Court as Plaintiff's Exhibit "D". PRELIMINARY OBJECTIONS PURSUANT TO PA.R.C.P.1028(a)Q) 12. Plaintiff incorporates by reference, Plaintiff's responses to Paragraphs 1 to 11 as though fully set forth herein by reference. 13. The paragraph states a conclusion of law to which no response is required. Without waiving the foregoing objection, the averment is denied. Strict proof thereof is demanded at trial. Pennsylvania Courts have consistently held that in order to produce an account stated, it is not necessary for Plaintiff to itemize all charges and credits. David v. Veitscher Magnesitwerke Actien Gesellschaft, 35 A.2d 346, at 349 (1944); and Connolly Epstein Chicco Fosman Engelmyer & Ewing v. Richard G. Fanslow, Kathy Fanslow and Virick Limited, 1995 WL 686045 (E.D.Pa) at *5. Plaintiffs response to Paragraph Number 5 is incorporated herein by reference. Clearly, Defendant must know what charges he made on his account. 14. Plaintiff incorporates by reference, Plaintiff's responses to Paragraphs 13 as though fully set forth herein by reference. WHEREFORE, Plaintiff request that the Court enter the attached order denying Defendant's Preliminary Objections to Plaintiff s Amended Complaint in Civil Action along with any additional relief the Court deems appropriate under the circumstances. PRELIMINARY OBJECTIONS PURSUANT TO PA.R.C.P. 1028(a)(2) 15. Plaintiff incorporates by reference, Plaintiff s responses to Paragraphs 1 to 14 as though fully set forth herein by reference. 16. Admitted. 17. Denied. Strict proof thereof is demanded at trial. The Amended Complaint in Civil Action is incorporated herein by reference. The application, credit card agreement and billing statement are attached to the Amended Complaint in Civil Action The document speaks for itself. 18. The paragraph states a conclusion of law to which no response is required. Without waiving the foregoing objection, Plaintiff incorporates by reference, Plaintiff s responses to Paragraphs 17 as though fully set forth herein by reference. 19. Denied. Plaintiff incorporates by reference, Plaintiff's responses to Paragraphs 17 as though fully set forth herein by reference. WHEREFORE, Plaintiff request that the Court enter the attached order denying Defendant's Preliminary Objections to Plaintiff's Amended Complaint in Civil Action along with any additional relief the Court deems appropriate under the circumstances. Respectfully submitted: Patenaude &''eld, A.P Gre s, Esquire F 21 M ' Street egie A 15106 12) 4 -7675 L'u, iJ? COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. MICHELLE BARNARD : IN THE COURT OF COMMON PLEAS OF LACKAWANNA COUNTY CIVIL, ACTION.- AT LAW. NO. 07 CV 1384 Defendant ORDER Defendant, Michelle Barnard ("Barnard") has filed preliminary objections to the complaint that has been filed by plaintiff Commonwealth Financial Systems, Inc. ("CFSI") this credit card collection action. Preliminary objections in the nature of a demurrer "can only be sustained where the complaint is clearly insufficient to establish the pleader's right relief." Reed v. Dupuis, 920 A.2d 861, 864 (Pa. Super. 2007). For purposes of testing the legal sufficiency of the challenged pleading, a demurrer admits as true all well=pleaded facts and every inference fairly deducible from those facts. Hess v. Fox Rothschild, LLP, 925 A.2d 798, 805 (Pa. Super. 2007). Preliminary objections which result in the dismissal of a claim may be sustained only in cases that are clear and free from doubt. Burgoyne v_. Pinecrest Community Association, 924 A.2d 675, 679 (Pa. Super. 2007). "To be clear and free from doubt that dismissal is appropriate, it must appear with certainty that the law would not permit recovery by the plaintiff upon the facts averred." Reardon v. Allegheny Colley 926 A.2d 477,480 (Pa. Super. 2007). If any doubt exists as to whether a demurrer should be sustained, that doubt should be resolved in favor of overruling the preliminary objections. Burgoyne, supra; Reed, su ra. CFSI avers that Bamard "applied for and received a credit card issued by FIRST CARD CONY with the Account number 4366133031317398", and that according to the bill of sale, affidavit and assignment which are attached to the complaint as Exhibit A, that credit card account was sold by FIRST CARD CONV to Unifund. (Docket Entry No. 1, 114-5). CFSI alleges that it subsequently "was assigned all rights to certain card accounts from Unifund, including the account opened by [Barnard] with Account number 4366133031317398." Ind., 16). CFSI has attached as Exhibit B to the complaint copies of the bill of sale, affidavit and assignment memorializing Unifund's assignment of Barnard's credit card account to CFSI. (Id., Exhibit B). CFSI further avers that Barnard's "credit card was subject to the terms of the Cardmember Agreement" and has attached a copy of that Agreement to the complaint. (Id., 17 and Exhibit "C"). CFSI alleges that Barnard used the credit card "far purchases, cash advances and/or balance transfers" and "was mailed account statements" for those charges, but "defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due." (Id., ¶¶8-10). According to CFSI, Barnard' "account became delinquent on September 12, 2006" and had a principal amount due of $7,091.71 at the time that the account was assigned to CFSI. (Id., ¶T11-12). Since the credit card agreement provides that "any unpaid balance accrues interest at the rate of ' _ -2- 14.15" percent, CFSI submits that "[t]he total amount due and owing [CFSI] including interest is $10,740.18." (Id., 1113-14). Additionally, inasmuch as the credit card agreement further states that "[Barnard] is liable for [CFSPs] court costs and reasonable attorney's fees in the amount of 25% of the balance", (Id., 115), CFSI demands judgment "in the amount of $10,740.18 plus costs of suit, reasonable attorney's fees and any other relief as the Court deems just and appropriate." Id., p. 3). Barnard essentially raises two arguments in her preliminary objections. First, citing Pa. R.C.P. 1019(a) which requires the pleader to attach a copy of a writing to the complaint whenever any claim is based on that writing, Barnard contends that the complaint should be dismissed due to CFSI's alleged failure to attach documentation substantiating the assignment of Barnard's credit card debt to CFSI. Second, Barnard submits that CFSI's complaint lacks the requisite specificity since CFSI has not averred the exact date on which Barnard made her credit card charges, the specific amounts that she charged to her card and the particular items that she purchased on those dates. (Docket Entry No. 2, 1116-20, 23-25, 38,40-41). The purpose of pleadings is to place a defendant on notice of the claims upon which the defendant will have to defend. City of Newcastle v. Uzamere. 829 A.2d 763, 767-768 (Pa. Cmwlth. 2003); Yacoub v. Lehigh Valley Medical Associates, 805 A.2d 579, 588 (Pa. Super. 2003), app. denied, 573 Pa. 692, 825 A.2d 639 (2003). Under Rule 1019(a), a complaint must give. the defendant fair notice of the plaintiff s claims and a summary of the material facts that support those claims. Carlson v. Communi Ambulance Services Inc 824 A.2d 122811 1232 (Pa. Super. 2003); McClellan, 413 Pa. Super. at 141, 604 A.2d at 1059-60. In determining whether the allegations of a complaint have been stated with the - -3- necessary specificity, the court should not focus upon one paragraph of the complaint in isolation, Yacoub, 805 A.2d at 589, and should instead examine the paragraph in context with all other allegations in the complaint. Rachlin v. Edmison. 813 A.2d 862, 870 (Pa. Super. 2002). Examining the allegations of the complaint and the exhibits attached thereto in their entirety, CFSI has adequately averred the various assignments which afford it standing and' the capacity to sue Barnard for her outstanding credit card debt. Moreover, CFSi has provided Barnard with fair notice of its claim and a summary of the material facts supporting that claim. Any additional specifics regarding the individual credit card transactions may be appropriate subjects for discovery, but do not warrant dismissal of the complaint pursuant to Pa. R.C.P. 1019(a) or (f). AND NOW, this 16`h day of August, 2007, upon consideration of "Defendant's Preliminary Objection to Plaintiffs Complaint", the memoranda of law submitted by the parties and the oral argument of counsel on August 16, 2007, and based upon the reasoning set forth above, it is hereby ORDERED and DECREED that: 1. Defendant's preliminary objection to plaintiffs complaint is OVERRULED; and, 2. Within twenty (20) days of the date of this Order, the defendant shall file a responsive pleading to the complaint. BY THE COURT: C?tXA L Terrence R. Nealon -4- cc: Written notice of the entry of the foregoing Order has been provided to each party pursuant to Pa. R. Civ. A 236 (a) (2) by mailing time-stamped copies to; Michael F. Ratchford, Esquire Edwin A. Abrahatnsen & Associates, P.C. 120 N. Keyser Avenue Scranton, PA 18504 Attorney for Plaintiff Jeffrey W. Nepa, Esquire Suite 400, 41 N. Main Street Carbondale, PA 18407 Attorney for Defendant -5- IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CAPITAL ONE BANK, Plaintiff, V. No. 2008-00723 YADIRA B. TORRES, Defendant APPEARANCES: KAMA VELTER, ESQUIRE For Plaintiff Weltman; Weinberg & Reis Co., L.P.A. ALEXANDRA R. ROBERTS, ESQUIRE For Defendant MidPenn Legal Services 0NION BY EBY. P..7., OCTOBER 16.2008: Before the Court are Defendant's Preliminary Objections to Plaintiffs Amended Complaint. On April 7, 2008, Plaintiff filed a Complaint against Defendant alleging that Defendant failed to make payments when due upon a balance incurred by using a credit card issued by Plaintiff to Defendant. On May 9, 2008, Defendant filed Preliminary Objections to Plaintiff's Complaint. On May 27, 2008, Plaintiff filed an Amended Complaint. In its Amended Complaint, Plaintiff avers that on June 5, 2002, Defendant applied for and was issued a credit card by Plaintiff pursuant to the terms of a customer agreement. Plaintiff avers that Defendant utilized the credit card to incur charges and defaulted uppn the terms of the agreement by failing to make payments when due. Plaintiff avers that the last payment made upon the account-was on April 3, 2006 and that the balance due and owing upon the account on February 25, 2008 was $1,439.10. 1 Plaintiff seeks judgment in the principal amount of $1,439.10, as well as interest and costs. Plaintiff attached a copy of the customer agreement, a copy of the cardholder application alleged to have been signed by Defendant, and copies of account statements associated with the credit card from November 4, 2005 to November 3, 2006 as exhibits to the Amended Complaint. On June 24, 2008, Defendant filed Preliminary Objections to Plaintiff s Amended Complaint. Defendant lodges two (2) Preliminary Objections to the Amended Complaint: 1. Plaintiff s Amended Complaint fails to conform to law or to rule of Court, as the documents appended to the Complaint are in violation ofPa.R.C.P. Rule 1019(i); and II. Plaintiff s Amended Complaint fails to conform to law or to rule of court and is insufficiently specific, as it fails to state the material facts upon which the cause of action is based On July 7, 2008, Plaintiff filed a Response to Defendant's Preliminary Objections. Defendant's Preliminary Objections subsequently were listed for disposition through Argument Court. The parties have submitted legal memoranda in support of their respective positions, and Defendant's Preliminary Objections now are ripe for the Court's disposition. In her first Preliminary Objection, Defendant argues that Plaintiffs Amended Complaint fails to conform to law or rule of court, as Pa.R.C.P. Rule 1019(i) requires that when a claim is based upon a writing, the pleader must attach a copy of the writing or a material part thereof to the complaint. Defendant argues that account statements attached to the Amended Complaint are dated November 4, 2005 to November 3, 2006. However, Defendant argues that these account statements fail to reflect the charges incurred prior to 2 November 4, 2005. Without information regarding the charges incurred prior to November 4, 2005, Defendant argues that she is unable to provide a meaningful response to balance alleged to be due. Moreover, Defendant argues that the customer agreement attached as an exhibit to the Amended Complaint does not include Defendant's signature. As such, Defendant argues that she is unable to determine whether an agreement existed between the parties or whether she breached any terms of such an agreement. For these reasons, Defendant argues that Plaintiff's Complaint fails to conform to law or to rule of court. Any party to a pleading may file preliminary objections on the basis that the pleading fails to conform to law or to rule of court. P&R.C.P. Rule 1028(a)(2). Pa.R.C.P. Rule 1019 sets forth required contents of a pleading. Specifically, Rule 1019(1) provides: "When any claim or defense is based upon a writing, the pleader shall attach a copy of the writing, or the material part thereof, but if the writing or copy is not accessible to the pleader, it is sufficient so to state, together with the reason, and to set forth the substance in writing." Defendant first argues that the Amended Complaint fails to comply with Rule 1019(i) because Plaintiff failed to attach copies of account statements reflecting charges made prior to November 4, 2005. With regard to actions to recover debt incurred by using a credit card, it has been held that the requirements of Rule 1019(i) are satisfied if the plaintiff attaches the underlying agreement between the issuer of the credit card and the credit card holder. Marine Bank v Orlando, 25 Pa. D. & C.3d 264, 266 (Pa.Com.Pl. 1982). Further, documents that are part of the proof of a cause of action, but not the basis of the action itself, are not required to be attached to a pleading. Bethlehem steel Corp., v. Litton Indus., Inc., 71 Pa. D. & C.2d 635, 641 (Pa.Com.Pl. 1974). - i 3 In this case, Plaintiff attached to its Amended Complaint a copy of the customer agreement that it purports created the legal obligation between the parties. Account statements reflecting charges incurred prior to November 4, 2005 are not documents that are alleged to have created the legal obligation that Defendant is alleged to have breached. While potentially of an evidentiary nature as to the underlying facts and circumstances giving rise to this action, account statements do not constitute the legal foundation. for the action. Since the account statements maybe of evidentiary value to Defendant, Defendant certainly may obtain copies of these statements through the use of discovery. However, Plaintiff was not required to attach these account statements to the Amended Complaint, as they do not form the basis for the action.. Moreover, Defendant argues that the failure to attach the account statements dated prior to November 4, 2005 precludes her from providing a meaningful response to the allegations of the Amended Complaint. However, Defendant is the individual zwho is alleged to have utilized the credit card to make purchases and to have failed to snake all payments as due pursuant to the customer agreement. Therefore, Defendant has independent, personal knowledge of whether she utilized the credit card and incurred the balance alleged and whether the balance averred by Plaintiff is accurate so as to be able to respond intelligently to the allegations of the Amended Complaint. For these reasons, the fact that Plaintiff did not attach account statements dated prior to November 4, 2005 to the Amended Complaint does not violate the requirements of Rule 1019(i). Further, Defendant argues that the Amended Complaint violates Rule 1019(i) because the copy of the customer agreement attached to the Amended Complaint is not i _ signed by Defendant. Defendant argues that the absence of her signature upon the 4 customer agreement renders her unable to determine if an agreement existed between the parties or if she was in breach of any part of the agreement. We note that Rule 1019(i) does not require that the writing that must be attached to a pleading contain the signatures of the parties. Rather, Rule 1019(i) merely requires that a copy of the writing forming the basis for the claim, or a material part thereof, be attached to the Amended Complaint. There is no requirement that the writing contain the signatures or other marks dr seals of the parties evidencing acceptance of the terms of the writing. However, even if Rule 1019(i) required that the writing attached to a pleading contain the signature of a party, Plaintiff attached to the Amended Complaint a copy of the cardholder application card Defendant allegedly signed and returned to Plaintiff, thereby. reflecting Defendant's alleged agreement to the terms of the customer agreement. Therefore, even if Rule 1019(i) were to be read as suggested by Defendant, the attachment of a copy of the signed cardholder application and a copy of the customer agreement would be sufficient to comply with the requirements of Rule 1019(i). Moreover, while Defendant argues that she is unable to determine if an agreement existed between the parties or if she breached that agreement because her signature does not appear on the copy of the customer agreement attached to the Amended Complaint, such an assertion is somewhat disingenuous. Again, Defendant is alleged to be the party to whom the credit card was issued and who incurred the charges by utilizing the credit card. Accordingly, Defendant has personal knowledge of whether she agreed to the issuance of the credit card in question and whether she made all payments required pursuant to the terms of the customer agreement. As such, Defendant possesses adequate knowledge and information to respond intelligently to whether she entered into an 5 agreement and whether she breached the provisions of the agreement. For these reasons, the absence of a signature on the copy of the customer agreement appended to the Amended Complaint does not prevent or render Defendant unable to respond to the allegations. We will overrule Defendant's Preliminary Objection lodged on the basis that the Amended Complaint fails to conform to Rule 1019(i). In Defendant's second Preliminary Objection, Defendant argues that the Amended Complaint is insufficiently specific and fails to conform to law or to rule of court, as the account statements attached to the Complaint do not provide any indication of the manner in which the balance alleged to be due was calculated. Defendant argues that Plaintiff's Amended. Complaint is insufficiently specific and fails to comply with the requirements of Rule 1019(a), as it fails to provide Defendant with notice of the material facts that form the basis of Plaintiffs cause of action. Rule 1028(a)(3) provides that any parry to a pleading may lodge a preliminary objection on the basis that the pleading is insufficiently specific. Rule 1019(a) requires that the material facts on which a cause of action or defense is based must be stated-in a concise; summary form. The purpose of Rule 1019(a) is to ensure that a party's pleadings apprise the defendant of the nature and extent of the plaintiff's claim so that the defends nt has notice of what the plaintiff intends to prove at trial and can prepare to meet such proof with his or her own evidence. Weiss v. Equibank, 460 A.2d 271, 274-275 (Pa.Super. 1983), citing Laursen v. Gen. Hosp. of Monroe County, 393 A.2d 761, 766 (Pa.Suhcr. 1978). Tn this case, Plaintiff avers in the Amended Complaint the identities and the addresses of the parties, that on June 5, 2002 Defendant applied for and received a credit 6. card issued by Plaintiff pursuant to a customer agreement, that Defendant used the credit card to incur a balance due and owing as of February 25, 2008 in the amount of $1,439.10, that Defendant defaulted upon the terms of the agreement by failing to make monthly payments when due, that the last payment upon the account was made on April 3, 2006, that Plaintiff is entitled to the addition of interest at the rate of 29.20 percent per annum on the balance, and that Defendant has failed to pay the balance due despite repeated requests to do so by Plaintiff. Further, appended to the Amended Complaint are the cus+:omer agreement stating the alleged terms of the agreement, the cardholder applic:::ion alleged to have been signed by Defendant, and account statements from November 4, 2005 until November 3, 2006 reflecting a balance due of $1,041.09 as of Nover ber 3, 2006. V,. i ile the balance reflected in the account statement on November 3, 2006 of $1,041.09 differs from -the balance claimed in the Amended Complaint of. $1,439.10 as of February 25, 2008, Defendant, as the individual to whom it is alleged the card was issued and Vl o is alleged to have incurred the charges by utilizing the card, certainly has know] die of the charges incurred, if any, and whether the balance claimed as of Febnurry 25, 2008 is accurate. If Defendant does not believe that the balance stated is accura' c otherwise does not understand the calculation used by Plaintiff to arrive at the amour c':!in.ed, Defendant, from her personal knowledge, is able to aver her under,, tand i n as to what the balance, if any, should be. Plaintiffs' Amended Complaint suffici nt':_? alleges the existence of an agreement, including the material terms, a breach of the rr s of the agreement, and the damages claimed by Plaintiff. As such, the Amer. 2? Complaint and its attachments sufficiently apprise Defendant of the nature and 7 extent of its claim so that Defendant has notice of what Plaintiff intends to prove at trial and cu. i p epare to meet such proof with her own evidence. Further, as stated above, Defen. ',ani will be able to obtain information regarding Plaintiffs calculation of the balanc ; due through discovery if she wishes. For these reasons, we will overrule Defen 'ant's Preliminary Objections lodged on the basis that the Amended Complaint is insuf-E :ien tly specific and fails to conform to Rule 1019(a). 8 IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CAPITAL ONE BANK (LISA), N.A., Plaintiff, V. ANGEL S. MEDINA, Defendant No. 2008-01462 APPEARANCES: KARINA VELTER, ESQUIRE Weltman, Weinberg & Reis Co., L.P.A. For Plaintiff ALEXANDRA R. ROBERTS, ESQUIRE MidPenn Legal. Services For Defendant OPINION BY EBY, P.J.. NOVEMBER 26,2009: Before the Court are Defendant's Preliminary Objections to Plaintiffs Amended Complaint. On July 10, 2008, Plaintiff filed a Complaint against Defendant alleging that Defendant failed to make all payments as required on a balance incurred by Defendant utilizing a credit card issued to Defendant by Plaintiff. On July 25, 2008, Defendant filed Preliminary Objections to Plaintiff's Complaint. On August 13, 2008, Plaintiff filed an Amended Complaint. In its Amended Complaint, Plaintiff avers tli4t.6n.November 27,. 2004, Defendant applied for and was issued a credit card by Plaintiff pursuant to the terms of a Customer Agreement. Plaintiff avers that Defendant utilized the credit card to incur charges and defaulted upon the terms of the Agreement by failing to make all monthly payments when due. Plaintiff avers that the last payment made upon the account was on July 15, 2006 and that the balance due and owing upon the account as of May 28, 2008 is $1,032.82. Plaintiff seeks judgment in 1 the principal amount of $1,032.82, as well as interest and costs. Plaintiff attached a copy of the Customer Agreement, a copy of the cardholder application alleged to have been signed by Defendant, and copies of monthly statements associated with the credit card _ account from December 16, 2005 until December 15, 2006 as exhibits to the Amended Complaint. On August 26, 2008, Defendant filed the Preliminary Objections to Plaintiffs Amended Complaint currently before the Court. Defendant lodges two (2) Preliminary Objections to Plaintiffs Amended Complaint: 1. Plaintiff s Amended Complaint fails to conform to law or to rule of court, as the Amended Complaint fails to state the material facts upon which the cause of action is based with sufficient specificity, and II. Plaintiff's Amended Complaint fails to conform to law or to rule of court, as Pa.R.C.P. Rule 1019(i) requires that a pleader attach a copy of the writing to the pleading when the claim is based upon a writing. On September 15, 2008, Plaintiff filed a Response to Defendant's Preliminary Objections. Defendant's Preliminary Objections subsequently were listed for disposition. through Argument Court. The parties have submitted legal memoranda in support of their respective positions, and Defendant's Preliminary Objections now are ripe for the Court's disposition. In Defendant's first Preliminary Objection, Defendant argues that the Amended Complaint fails to conform to law or to rule of court, as it fails to state with sufficient specificity all material facts upon which the cause of action is based. Defendant argues that Pa.R.C.P. Rule 1019(f) requires that items of time, place and special damages be specifically stated. Defendant argues that the Amended Complaint is insufficiently specific in. two (2) aspects. First, Defendant avers that while the earliest statement of 2 account attached to the Amended Complaint dated December 16, 2005 reflects a previous balance owed of $477.83, the Amended Complaint fails to identify the manner in which this previous balance was calculated or the dates, amounts and specific charges that comprise this alleged previous balance. Second, Defendant avers that while the last statement of account attached to the Amended Complaint dated December 15, 2006 reflects a balance of $770.23, the Amended Complaint claims an outstanding balance of $1,032.82 as of May 28, 2008, again without any indication as to the manner in which the outstanding balance of $1,032.82 was calculated. For these reasons, Defendant argues that the Amended Complaint fails to sufficiently aver all dates, times and amounts of charges comprising the previous balance and the balance claimed in the Amended Complaint, thereby failing to provide Defendant with notice of Plaintiffs claim and rendering Defendant unable to formulate a defense. Pa.R.C.P. Rule 1028(a)(2) provides that any party to a pleading may lodge a preliminary objection on the basis that the pleading fails to conform to law or to rule of court. Pa.R.C.P. Rule 1019 sets forth the required contents of a pleading. Specifically, Rule 1019(a) requires that the material facts upon which a cause of action or defense is based must be stated in a concise-and summary form. The purpose of Rule 1019(a) is to ensure that a party's pleadings apprise the defendant of the nature and the extent of the plaintiff s claim so that the defendant has notice of what the plaintiff intends to prove at trial and can prepare to meet such proof with his or her own evidence. Weiss v. Equibank, 460 A.2d 271, 274-275 (Pa. Super. 1983), citing Laursen v. Gen. Hasp. of Monroe County, 393 A.2d 761, 766 (Pa.Super. 1978). Further, Rule 1019(f) provides that averments of time, place and items of special damages shall be specifically stated. Periods of time rather than dates certain may be pled when the opposing party has equal or greater knowledge of the time of the acts alleged. Mikula v. Harrisburg Polyclinic Hosp., 58 Pa. D. & C.2d 125,130 (Pa.Com.Pl. 1972), citing Commonwealth ex rel. Cleland v. Myers, Supt., 82 Dauph. 390, 396 (Pa.Com.Pl. 1964). In this case, Plaintiff avers in the Amended Complaint the identities and the addresses of the parties, that on November 27, 2004 Defendant applied for and was issued a credit card by Plaintiff pursuant to the Customer Agreement, that Defendant utilized the credit card to incur a balance due and owing as of May 28, 2008 in the amount of $1,032.82, that Defendant defaulted upon the terms of the Agreement by failing to make monthly payments when due, that the last payment made upon the account was on July 15, 2006, that Plaintiff is entitled to the addition of interest at the rate of 19.90% per annum on the balance, and that Defendant has failed to pay the balance due despite repeated requests to do so by Plaintiff. Further, appended to the Amended Complaint are copies of the Customer Agreement stating the alleged terms of the Agreement, the cardholder application Defendant is alleged to have signed, and statements of account beginning on December 16, 2005 reflecting a previous balance of $477.83 and ranging through December 15, 2006 reflecting a balance of $770.23 on that date. We recognize that the first statement of account annexed to the Amended Complaint dated December 16, 2005 reflects a pre-existing balance of $477.83 and that the balance of $770.23 in the last account statement annexed dated December 15, 2006 4 differs from the balance claimed in the Amended Complaint of $1,032.82 as of May 28, 2008. However, Defendant, as the individual to whom it is alleged that the card was issued and who is alleged to have incurred the charges by utilizing the card, has equal _ knowledge to that of Plaintiff regarding the dates, the types and the amounts of charges incurred and payments made, if any. Likewise, Defendant has equal knowledge to that of Plaintiff regarding the accuracy of the pre-existing balance claimed to exist on December 16, 2005, the balance stated on December 15, 2006, and the balance claimed in the Amended Complaint as of May 28, 2008. Since Defendant has equal knowledge of these matters, no greater specificity as to the times, dates, and amounts of charges incurred is required. In the event that Defendant does not believe that the balances stated are accurate or otherwise does not understand any calculation applied by Plaintiff to arrive at any amounts claimed, Defendant, from his personal knowledge, is able to aver his understanding as to what the balances at any given time, if any, should be. Plaintiff's Amended Complaint sufficiently alleges that existence of an agreement, including the material terms, a breach of the terms of the agreement and the damages claimed by Plaintiff. As such, the Amended Complaint and its attachments sufficiently apprise Defendant of the nature and the extent of Plaintiffs claim so that Defendant has notice of what Plaintiff intends to prove at trial and can prepare to meet such proof with his own evidence. Moreover, a plaintiff should not be required to plead evidentiary matters. Mikula at 127, citing Leonard v Dolaway, 76 Pa. D. & C. 452, 455 (Pa.Com.Pl. 1951). Account statements reflecting the dates, times, and amounts of all charges and payments made upon Defendant's account are evidence that is relevant to the underlying facts and 5 circumstances giving rise to this action and the accuracy of the balance alleged to be due. As such, Defendant certainly may obtain copies of these account statements and information relating thereto through the use of discovery. However, the failure to plead - this information in the Amended Complaint does not preclude Defendant-from understanding the nature of the claim or render Defendant unable to respond to the allegations. For these reasons, we will overrule Defendant's Preliminary Objection lodged on the basis that the Amended Complaint fails to state the material facts upon which the cause of action is based with sufficient specificity. In Defendant's second Preliminary Objection, Defendant argues that Plaintiff's Amended Complaint fails to conform to law or to rule of court, as Pa.RC.P. Rule 1019(i) requires that a pleader attach a copy of the writing to the pleading when the claim is based upon a writing. Defendant argues that while Plaintiff attached a copy of the Customer Agreement to the Amended Complaint, Plaintiff failed to attach to the Amended Complaint the complete written agreement detailing all of the terms and conditions of the agreement. While conceding that some terms appear in the Customer Agreement, Defendant asserts that all of the essential terms governing the credit card account are not listed on this Customer Agreement, as the Customer Agreement indicates that fees and.fmance charges were disclosed when Defendant opened his account, thereby establishing that other documentation contains terms relating to the claim that were required to be attached to the Amended Complaint. Moreover, Defendant argues that Plaintiff never alleged or proved that Defendant agreed to the terms of the Customer Agreement. Defendant argues that Plaintiff's failure to attach a comprehensive document signed by Defendant detailing all terms of the agreement precludes Defendant from 6 understanding the terms of the purported agreement so that he can respond to the allegations and formulate a defense. Rule 1019(i) sets forth standards regarding the attachment of writings to _ pleadings. Rule 1019(i) provides; "When any claim or defense is based upon a writing, the pleader shall attach a copy of the writing, or the material part thereon but if the writing or copy is not accessible to the pleader, it is sufficient so to state, together with the reason, and to set forth the substance in writing." While Rule 1019(1) requires that if a writing is the basis for an action the pleader is required,to=attach the writing, or the material part of the writing, to the pleading, Rule 1019(1) does not require the pleader to attach every document that is part of the proof of the cause of action. Bethlehem Steel Corp., v Litton Indus. Inc., 71 Pa. D..& C.2d 635, 641 (Pa..Com.Pl. 1974). With regard to actions to recover debt incurred by using a credit card., it has been held that the requirements of Rule 1019(i) are satisfied if the plaintiff attaches the underlying agreement between the issuer of the credit card and the credit card holder. Marine Bank v Orlando, 25 Pa. D. & C.3d 264, 266 (Pa.Com.Pl. 1982). In this case, Plaintiff avers in its Amended Complaint that it issued a credit card to Defendant pursuant to a Customer Agreement, that Defendant made use of this credit card to incur a balance, and that Defendant failed to make all payments as due. The regtrrment to make payments as due is set forth in the Customer Agreement, which Plaintiff attached as an exhibit to its Amended Complaint. Therefore, Plaintiff attached the writing upon which its claim is based. However, Defendant argues that the Customer Agreement does not contain all of the terms of the agreement alleged, as the Customer Agreement refers to various items that were disclosed to Defendant at the time when he opened his credit card account. The 7 Customer Agreement provides that the credit limit of the account, the daily periodic rate, cash advance fees, and fee charges were disclosed to Defendant when he opened his account. Defendant argues that the references to disclosures made at the time when Defendant opened his account reflect that additional terms govern the agreement between the parties and that any documentation that contains these additional terms is required to be attached to the Amended Complaint. As an initial matter, it is not clear that the above- stated disclosures appeared in writing. If these disclosures were not memorialized in a writing, it is clear that the requirements of Rule 1019(i) would not be violated by any failure to attach documentation of such disclosures. If these disclosures were contained in a writing, Rule 1019(i) does not require that every document governing the relationship between the parties be attached to the pleading, just the documents forming the basis of the claim. Terms governing Defendant's specific credit limit, the daily periodic rate, cash advance fees and other fees incurred do not form the basis of Plaintiffs Breach of Contract claim against Defendant. Rather, these terms are relevant to the issue of calculation of damages due as a result of the alleged breach of the Customer Agreement. Any document identifying Defendant's credit limit, the daily periodic rate, cash advance fees, and other fees would be of evidentiary value to Defendant, and Defendant certainly could obtain copies of such a document through the use of discovery. However, since such a document would not form the basis for the cause of action against Defendant, Plaintiff would not be required to attach it to the Amended Complaint. Further, even if a document containing terms governing Defendant's credit limit, the daily periodic rate, cash advance fees and other fees formed the basis of Plaintiff's 8 claim against Defendant, the methods for calculating the daily periodic rate and finance charges are explained in the Customer Agreement that is attached to Plaintiff s Amended Complaint. Moreover, the Customer Agreement provides that Defendant's credit limit, _ the daily periodic rate, cash advance fees and other fees will be identified in Defendant's monthly statements of account. A review of the account statements attached as exhibits to Plaintiff's Amended Complaint reveals that Defendant's credit limit, the daily periodic rate, cash advance fees and other fees are identified in those statements. As such, even if a document containing terms governing these items formed the basis for Plaintiff's claim against Defendant, such terms already were attached to the Amended Complaint by virtue of the attachment of the account statements to the Amended Complaint. Finally, Defendant argues that Plaintiff failed to attach a signed Customer Agreement evidencing that Defendant agreed to be bound by the terms of that Agreement. We note that Rule 1019(i) does not require that the writing attached to a pleading forming the basis for the claim therein contain the signatures of the parties. Rather, Rule 10190) merely requires that a copy of the writing forming the basis for the claim, or the material part thereof, be attached to the pleading. There is no requirement that the writing contain the signatures or other marks or seals of the parties evidencing acceptance of the terms of the writing. However, even if Rule 1019(1) required that the writing attached to a pleading contain Defendant's signature to evidence acceptance, Plaintiff attached to the Amended Complaint a copy of the cardholder application Defendant allegedly signed and returned to Plaintiff, thereby reflecting Defendant's alleged agreement to the terms of the Customer Agreement. Therefore, even if Rule 1019(i) were to be read as suggested by 9 Defendant, the attachment of a copy of the signed cardholder application and a copy of the Customer Agreement certainly would be sufficient to comply with the requirements of Rule 1019(i). Further, Defendant suggests that the failure to attach a comprehensive document detailing every aspect of the agreement that is signed by the parties renders him unable to understand the agreement between the parties and to forward a defense to the allegations.. Defendant is alleged to be the party to whom the credit card was issued and who incurred the charges alleged by utilizing the credit card. Therefore, Defendant has personal knowledge of whether the terms stated in the Customer Agreement are complete and accurate, whether he agreed to the terms alleged by Plaintiff and whether he made all payments required pursuant to the terms of the Customer Agreement. As such, Defendant possesses adequate knowledge and information to respond intelligemtly regarding whether he entered into the Customer Agreement as stated and whether he breached the provisions of the Customer Agreement as alleged. For these reasons, any failure of Plaintiff to attach a comprehensive written document detailing every aspect of the agreement and signed by the parties does not prevent or render Defendant unable to respond to the allegations. Accordingly, we will overrule Defendant's Amended Preliminary Objection lodged on the basis that the Amended Complaint fails to conform to Rule 1019(i). We will enter an appropriate Order. 10 IN TBE COURT OF COMMON PLEAS OF LEBANON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CAPITAL ONE BANK (USA), N.A., Plaintiff, V. No. 2008-01462 ANGEL S. MEDINA, , Defendant , ORDER OF COURT AND NOW, to wit, this 26 b day of November, 2008, upon careful consideration of Defendant's Preliminary Objections to Plaintiff's Amended Complaint, PlaintiMs Response thereto, the record of this case, and the legal memoranda submitted by the parties in support of their respective positions, it is hereby Ordered that Defendant's Preliminary Objections are respectfully overruled. BY THE COURT: P.J. Ro J Eby. / RJE/sg ?6T OdTr DEC 012008 I U ?0 (0 Tf?k -a 0 0 z o v w c7 vo sr n : m m 0 R° r v pc: Karina Velter, Esq. Alexandra R. Roberts, Esq. 4q -,)3DDz IN THE COURT OF COMMON PLEAS OF WASHINGTON COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (U.S.A.), N.A., ) ) Plaintiff, ) vs. ) THEODORA DEEMS, ) Defendant. ) ORDER . ENTRY OF OPINION, t'.aEDECBEE, ADJUDICATION OR JUD1l4T FILED-?&_, /2-0 MAILED _,S1 f,?-?1__-•...?.. No. 2008-7610 AND NOW, this Jr day of May, 2009, following the Preliminary Objections filed by Defendant in the above-referenced matter and after considering the parties' arguments, it is hereby ORDERED, ADJUGED and DECREED that Defendant's Preliminary Objections are hereby DENIED. In issuing this Order, the Court notes Preliminary Objections should begrAnted only in cases that are clear and free from doubt. Uniontown Newspaper Inc v Roberts, 839 A.2d 185 (Pa. 2003). All well-pleaded, material and relevant facts are to be regarded as true and the benefit of all reasonable inferences therefrom made in favor of the non- moving party. Ham v. Sulek, 620 A.2d 5 (1993). The purpose of Rule 1019(a) is to ensure that a party's pleadings apprise the defendant of the nature and the extent of the plaintiff s claim so that the defendant has notice of what the plaintiff intends to prove at trial and can prepare to meet such proof with her or her own evidence. Weiss v. Eauibank 460 A2d 271 (Pa. Super. Ct. 1983). Rule 1019(i) requires that if a claim is based on a writing, the pleader shall attach the writing or the material part of the writing to the pleading. However, it does not require the pleader to attach every document that is part of the proof of the cause of action. Bethlehem Steel Corp., v. Litton Indus. Inc. 71 Pa. D.&C.2d 635 (Pa. Com. Pl. 1974). In an unreported case', the Common Pleas Court of Lawrence County has held that attaching the customer agreement, which made clear the customer was required to make payments as due, was sufficient to meet the requirements of Rule 1019, as this agreement to make payments is truly what the creditor's claim is based on. Capital One Bank v. Medina, Case No. 08-1462 Defendant argues Plaintiff's failure to attach the'actual cardholder agreement between the parties, is fatal to its claim. Defendant alleges this is a violation of Rule 1019 and 1028 of the Pennsylvania Rules of Civil Procedure, in that the claims are based upon a writing, namely the contract between the parties, and failure to attach the contract renders the Complaint insufficiently specific and subsequently fails to conform to law or rule of court. Defendant relies on Atlantic Credit and Finance Inc. v. Giuliana 829 A.2d 340 (Pa. Super. Ct. 2003), for the proposition that the underlying agreement must be attached to the Complaint in the creditor's action to recover sums allegedly due. Defendant argues that since the Superior Court in Atlantic Credit held the failure to attach "writings" is fatal to the claims set forth in the complaint, the fact that Plaintiff did not attach the actual contract between the parties is fatal. However, they fail to explain which "writings" the court was referring to in that case. The facts reveal the only writing attached to the complaint was one sheet of paper they alleged was an account statement with nothing further to substantiate their claim of an existing contract or ongoing obligation on the part of the debtor. 1 Though the Court notes this case is not authoritative, the reasoning of the Court of Common Pleas of Lawrence County is instructive. F. In contrast, Plaintiff in this case has attached Defendant's credit application as well as account statements itemizing every purchase making up the total amount claimed due and owing. Each statement also contains information regarding total credit line, and additional terms and conditions such as finance charges, annual percentage rates and assessment of late fees. In addition, the terms and conditions attached to the credit application as well as to every billing statement Defendant received made clear she was obligated to make payments on the balance of her charges as due. While there may be a question of whether the terms and conditions attached to the credit application were current as.of the time of the application; at no time did Defendant contest the terms and conditions attached to her statements nor did she contest the balance due until the initiation of this suit. These issues would be more appropriate after discovery is completed and the matter is ripe for summary judgment, if appropriate. Therefore, under the case law discussed above it is clear Plaintiff has provided enough information to satisfy the requirements of both Rule 1019 and Rule 1028. Accordingly, Defendant's Preliminary Objections are hereby DENIED. BY THE COURT: Pk 4-MZa ascara, Judge I, GREGG MORRIS, attorney for Plaintiff, CAPITAL ONE BANK (U.S.A.), N.A., hereby certify that a true and correct copy of foregoing document was served this date by ordinary mail upon the following: Geoffrey M. Biringer, Esq. 401 E Louther Street, Suite 103 Carlisle PA 17013 Date: May 28, 2009 PA 65 Certificate of Service P&F File No 08-85647 2 U09 4,ul _ i 1 t i 4 1 CA 1P e PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) CAPITAL ONE BANK USA NA C o o 3 w c? M - vs. sT, r- BARBARA A. HARNER;? Y QO c,; +819 2009 ' -4 O = -q -n No. J' EtDI Z n C: c:0 o rn 1. State matter to be argued (i.e., plaintiffs motion for new trial defendant's demurrer fo D , complaint, etc.): - DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT 2. Identify all counsel who will argue cases: (a) for plaintiffs: GREGG L. MORRIS (Name and Address) 213 E. MAIN ST., CARNEGIE, PA 15106 (b) for defendants: GEOFFREY M. WRINGER (Name and Address) 401 E. LOTHER ST., SUITE 103, CARLISLE, PA 17013 3. 1 will notify all parties in writing within two days that this case has been listed for argument. YES 4 uate: INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. ) Plaintiff ) V. ) BARBARA A HARNER ) Defendant(s) ) NO. 2009-01819 PRAECIPE FOR ARGUMENT TO: Prothonotary Please place the above captioned case on the Argument List for February 18, 2010 Issue(s) to be argued: Defendant's PreLminary Objections to Pla'ni f s Amended Complaint. Pursuant to Rule 1028(c). Local Rule Rule 1028(c) et seq. are applicable. Thank you. Plaintiff's counsel hereby certifies that a copy of this Praecipe has been provided as provided for by Plaintiffs counsel. See attached and below. Date: December 23, 2010 A copy of this praecipe has been provided to the following by the moving party: GEOFFREY M. BIRINGER 401 E. LOTHER STREET, STE 103 CARLISLE, PA 17013 PA_158M Praecipe Argument Monroe P&F File No. 08-85647 Respectfully submitted: 1, GREGG MORRIS, attorney for Plaintiff, CAPITAL ONE BANK (U.S.A.), N.A., hereby certify that a true and correct copy of foregoing document was served this date by ordinary mail upon the following: Georffrey Biringer, Esq. 401 E. Louther St, Ste 103 Carlisle PA 17013 Date: January 06, 2011 G g rr's, Esquire t n u 1' , A.P.C. 13 Main treet Carnegie, PA 15106 (412) 429-7675 PA-65 Certificate of Service P&F File No 08-85647 CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff V. BARBARA A HARDIER Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW-3 C--D NO. 2009 - 01819 r;rW, - CIVIL ACTION - LAW` u -a PETITION FOR LEAVE TO WITHDRAW .= ` ' .. ....E . r.J . Petitioner, MidPenn Legal Services, hereby petitions to withdraw from further representation of Defendant, Barbara A. Hamer, pursuant to Pa.R.C.P. No. 1012, and in support thereof, avers the following: 1. MidPenn Legal Services has been representing Defendant since April, 2009 in a collection case after Defendant received a Complaint from the Plaintiff. 2. Preliminary Objections to Plaintiff's Complaint were filed on April 15, 2009. 3. Plaintiff responded by filing an Amendment to the Complaint on May 4, 2009. 4. On May 12, 2009, Defendant filed Preliminary Objections to the Amended Complaint. 5. Plaintiff responded on May 28, 2009, by filing an Answer to Defendant's Preliminary Objections. 6. Plaintiff has now filed a Praecipe for Argument on December 23, 2010. 7. Petitioner has recently learned that Defendant is not answering to telephone calls and does not respond to letters asking for instructions. 8. An intemet search (White Pages) was also lodged without any result as to the whereabouts of the Defendant. 9. Pursuant to MidPenn Legal Services' guidelines, representation can only take place if contact can be obtained and maintained with the Defendant. 10. All Defendants are asked to inform Midpenn Legal Services immediately of any change of address or change of telephone number(s). No change of information request was received from the Defendant. 11. Further, and without revealing any confidential information which may prejudice Defendant, undersigned counsel alleges that representation has been rendered unreasonably difficult by the Defendant. 12. Undersigned counsel has good cause to withdraw as counsel for Defendant, pursuant to Rule 1.16(b)(1),(4), and(7) of the Pennsylvania Rules of Professional Conduct. 13. At this time, it is unknown when any further action can take place in this matter, and permitting Midpenn Legal Services to withdraw at this time would neither unduly prejudice nor have a materially adverse effect on Defendant's interests and would allow Defendant time to obtain alternative counsel. 14. Counsel sought Attorney Gregg L. Morris', counsel for Plaintiff, concurrence which concurrence was not answered. 15. Counsel sought Defendant's concurrence which concurrence was not answered. WHEREFORE, MidPenn Legal Services requests the Court issue a Rule to the Defendant for her to show cause, if any she has, why the relief sought by Petitioner should not be granted. Respectfully submitted, MIDPENN By: Prozesky, Esquire Court ID#209787 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 CAPITAL ONE BANK (U.S.A.), N.A., Plaintiff V. BARBARA A. HARNER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 1819 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Abraham Prozesky, the undersigned, hereby state that I served a copy of: 1. Petition for Leave to Withdraw in the above-captioned matter upon Defendant : A. by mailing, 1" class, US Postal Service, postage pre-paid to the Plaintiff at: Mr. Gregg L. Morris, Esq Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106, on February 23, 2011. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Ps.C.S. Section 4904, relating to unsworn falsification to authorities. Date: -1 ? 1-)) 2 b_4 Abrahartl roze , Esquire Attorney aintiff PA ID # 209 7 674 Stover Court Hummelstown, PA 17013 Tel: (717) 982-1532 CAPITAL ONE BANK (U.S.A.), N.A., Plaintiff V. BARBARA A. HARNER Defendant IN THE COURT OF CONIMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 1819 : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Abraham Prozesky, the undersigned, hereby state that I served a copy of- 1 . Petition for Leave to Withdraw in the above-captioned matter upon Defendant : A. by mailing, 1" class, US Postal Service, postage pre-paid to the Plaintiff at: Ms. Barbara A. Hamer 21 Susquehanna Avenue, Apt. # 302 Enola, PA 17025, on February 23, 2011. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Ps.C.S. Section 4904, relating to unsworn falsification to authorities. Date: Z 2,3 2 01 ky, Esquire Abraholn r09787 Attorney intiff PAID # 674 Sto ver Court Hummelstown, PA 17013 Tel: (717) 982-1532 CAPITAL ONE BANK (U.S.A.), N.A., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BARBARA A. HARNER, DEFENDANT 09-1819 CIVIL TERM ORDER OF COURT S. _ AND NOW, this day of March, 2011, a Rule is issued on defendant and plaintiff to show cause why MidPenn Legal Services should not be permitted to withdraw from further representation of defendant, Barbara A. Harper. Rule returnable fifteen (15) days after service. Any answers filed should be forwarded by the Prothonotary to chambers. By the Court, Albert H. Masland, J. Gregg L. Morris, Esquire Abraham Prozesky, Esquire Barbara A. Harner 21 Susquehanna Ave., Apt. #302 Enola, PA 17025 C') e. a :saap;r5 naas leap 31alli `_ C cD CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff V. BARBARA A HARNER Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009 - 01819 : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Shawn Stottlemyer, Certified Legal Intern, of MidPenn Legal Services, representing Defendant, Barbara A. Hamer, hereby certify that I have served a copy of the Order to Show Cause why MidPenn Legal Services should not be permitted to withdraw from further representation of Defendant, Barbara A. Hanner: Certified Mail same to: Gregg L. Morris, Esq. Patenaude & Felix, A.P.C. 213 East Main Street. Carnegie, PA 15106 Date: 3' 7 l -='C'6 ° -= Shawn Stottlemyer, Certified Legal Intern MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717)243-9400 2 -? I -t _ co ?. CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff V. BARBARA A HARNER Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009 - 01819 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Shawn Stottlemyer, Certified Legal Intern, of MidPenn Legal Services, representing Defendant, Barbara A. Harper, hereby certify that I have served a copy of the Order to Show Cause why MidPenn Legal Services should not be permitted to withdraw from further representation of Defendant, Barbara A. Hanner: Certified Mail same to: Ms. Barbara A. Harper 21 Susquehanna Ave., Apt. # 302 Enola, PA 17025 Date: Shawn Stottlemyer, Certified Legal Intern MidPenn Legal Services 0.` 401 East Louther Street Carlisle, PA 17013 ' (717)243-9400 cr7t'.._ =_-_ CAPITAL ONE BANK (U.S.A.), IN THE COURT OF COMMON PLEAS OF N.A., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION - LAW NO. 09-1819 CIVIL ?A 13ARBARA A. HARNER, Defendant IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT BEFORE HESS, P.J. AND EBERT, J. ORDER AND NOW, this /0' day of March, 2011, this matter having been called for argument and the defendant having failed to file a brief and/or argue, the preliminary objections of the defendant to the plaintiff's amended complaint are DISMISSED. 'Gregg L. Morris, Esquire For the Plaintiff ? Geoffrey M. Biringer, Esquire For the Defendant :rlm ?MQ r? p rr BY THE COURT, 4 1 'ilU140TA t i ,,= tit- '% p' COU??T'`LJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff NO. 2009-01819 V. BARBARA A HARNER Defendant(s) PRAECIPE FOR DEFAULT JUDGMENT Filed on behalf of: CAPITAL ONE BANK (U.S.A.), N.A. Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA 119 Prcp Def Jg Both aw'01q.m?Q 0. IL P&F Fob No. 08-85647 tk 5 -% 0'-i 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff NO. 2009-01819 V. BARBARA A HARNER Defendant(s) PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY Please enter a judgment against the defendant, above named, for failure to file an Answer to Plaintiffs complaint. Amount claimed in Complaint Interest from August 10, 2007 Less payments received Attorney's fees TOTAL $3,064.20 $3,096.96 $0.00 $0.00 $6,161.16 With continuing interest on the principal amount of $6,161.16, with interest at the legal rate, plus costs of suit. I hereby certify that a written notice of intention to file this praecipe was mailed to the defendants and defendants' counsel (if known), after the default had occurred and at least ten (1.0) days prior to the date of the filing of this praecipe. A copy of the Notice is attached. Respectfully submitted: Patenaude§eVelix, A.P.C. Date: April 13, 2011 F 7?a , A 15106 412)429-7675 PA_ 119 Prcp Def Jg Both P&F File No. 08-85647 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U. S.A.), N.A. Plaintiff V. BARBARA A HARNER Defendant(s) NO. 2009-01819 PLAINTIFF'S AFFIDAVIT OF NON-MILITARY SERVICE AND MAILING OF NOTICE PURSUANT TO PA.R.C.P. 1037(bl COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. Before me, the undersigned authority, a Notary Public in and for said County and State, personally appeared GREGG MORRIS, attorney for and authorized representative of Plaintiff, who being duly sworn according to law, deposes and states that the defendant(s), BARBARA A HARNER, is not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that Notice of Intent to take Default Judgment was mailed in accordance with Pa.R.C.P.237.1, as evidenced by the attached copy. Respectfully submitted: Patenaude Oel ix, A.P.C. Date: April 13, 2011 Sworn to and subscribed before me this X 21A. Main ,Carnegie, PA 15106 (412) 429-7675 day of 944?y -, 20A. Notary Pub is ()MMQW94TH O; PENNSriVANW Noto sea Carolyn J. Stewar4 Notary Public Camegle Boro, Allegheny County My Commission Expire Aun. 14, 2011 Member, Sylvania 11A 120 AffofNon Mil P&F File No. 08-85647 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff NO. 2009-01819 V. BARBARA A HARNER Defendant(s) IMPORTANT NOTICE Filed on behalf of: CAPITAL ONE BANK (U.S.A.), N.A. Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA_113 10 Day D1 D2 P&F File No. 08-85647 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (U.S.A.), N.A. Plaintiff ) V. ) BARBARA A HARNER ) Defendant(s) ) To: BARBARA A HARNER 21 SUSQUEHANNA AVENUE APT9 302. ENOLA PA 17025-2442 Date of Notice: April 05, 2011 NO. 2009-01819 NICK MATASH, ESQ. 401 E. LOUTHER ST, STE 103 CARLISLE PA 17013 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OT14ER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle PA 17013 717-249-3166 Respectfully suj4fl?tted: Patenaude 8;/TQrlx, 1?,K .C. Date: April 05, 2011 P7-E. Main Ytreet Carnegie, PA 15106 (412) 429-7675 PA_ III 10 Day DI & ATTY P&F File No. 08-85647 I, GREGG MORRIS attorney for Plaintiff, CAPITAL ONE BANK (U.S.A.), N.A. , hereby certify that a true and correct copy of foregoing document was serve this date by ordinary mail upon the following: BARBARA A HARNER 21 SUSQUEHANNA AVENUE; APT# 302 ENOLA PA 17025-2442 Date: April 05, 2011 NICK MATASH, ESQ. 401 E. LOUTHER ST, STE 103 CARLISLE PA 17013 x4m Gregg L. Morris, Esquire Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA-11 110 Day DI & ATTY P&F File No. 08-85647