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HomeMy WebLinkAbout10-4974NAN31608 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. Goldman & Warshaw, P.C. BY: Barry A. Rosen, Esquire PA Identification No: 42951 GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK 4851 Cox Road Glen Allen, VA 23060 vs. ROBERT H BLACK 2250 BUMBLE BEE HOLLOW RD MECHANICSBURG PA 17055-5564 L -? v o COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 10- LArI`7 NOTICE C'gaTerm YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S BEDFORD STREET CARLISLE, PA 17013 717-249-3166 O .# Q&. CO P P PS'T`( & -I" a* ay&goy1 Goldman & Warshaw, P.C. BY: Barry A. Rosen, Esquire PA Identification No: 42951 GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK 4851 Cox Road Glen Allen, VA 23060 Vs. ROBERT H BLACK 2250 BUMBLE BEE HOLLOW RD MECHANICSBURG PA 17055-5564 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : COMPLAINT IN CIVIL-ACTION 1. Plaintiff, Capital One BANK (USA), N.A., is a federally chartered bank authorized to do business in Pennsylvania with an address as stated in the caption above, and is successor in interest to Capital One Bank in accordance with a change of name and designation as federally chartered bank as authorized by the U.S. Comptroller of the Currency. 2. Defendant ROBERT H BLACK is an adult individual residing at the above captioned address. 3. At all times relevant hereto, the defendant was the holder of a credit card, which at the request of the defendant was issued to the defendant by the plaintiff under the terms of which the plaintiff agreed to extend to defendant the use of plaintiffs credit facilities. 4. Defendant accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the plaintiff for the use of said credit card. 5. The defendant received and accepted goods and merchandise and/or accepted services and/or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of Plaintiff's Affidavit is attached hereto as Exhibit "A". 6. After allowing for all offsets and credits, a balance as of July 8, 2010 remains number 4802132578834924 accruing at the rate of amount of $7,871.89 for as of July 8, 2010 ther $17,760.84. on the subject account having account in the amount of $9,888.95 plus interest 28.1% from December 10, 2008 in the a total current amount due of $17,760.84; remains a balance due in the amount of 7. Plaintiff has made demand upon the defendant for payment of the balance due of $17,760.84 but the defendant has failed and refused and still refuses to pay the same or any part thereof. 8. Defendant's last payment on account was made on January 19, 2007. WHEREFORE, plaintiff claims of the defendant the sum of $17,760.84 plus applicable court costs and interest. Goldman & Warshaw, P.C. BY: 1?e? Barry A. R n, Esquire Attorney for Plaintiff THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR PACARD NRN 31Cov8 CAPITAL ONE BANK (USA), N.A., Plaintiff, V. ROBERT H BLACK Defendant(s). VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities, that he/she is an authorized agent of CAPITAL ONE BANK (USA), N.A., Plaintiff herein, and that be/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. I ? Z °? mil` L? w Dated: Edward Piotrowski A232 GOLDMAN & WARSHAW, P.C. CAPITAL ONE BANK (USA), N.A., Plaintiff, V. ROBERT H BLACK Defendant(s). AFFIDAVIT The undersigned, being duly sworn, makes the following oath: I am over 18 years old and competent to make this affidavit. I am an authorized agent of Plaintiff CAPITAL ONE BANK (USA), N.A. ("Capital One") for purposes of this affidavit. I am duly authorized to make this affidavit, and because of the scope of my job responsibilities, I am familiar with the manner and method by which Capital One maintains its normal business books and records, including computer records of defaulted accounts. 2. These books and records are made in the course of regularly conducted business activity (1) at or near the time the events they purport to describe occurred, by a person with knowledge of the acts and events, or (2) by a computer or other similar digital means, which contemporaneously records an event as it occurs. The contents of this affidavit are believed to be true and correct based upon my personal knowledge of the processes by which Capital One maintains its business books and records. 3. The books and records of Capital One show that Defendant(s) opened an account with Capital One for the purpose of obtaining an extension of credit and did thereafter use or authorize the use of the account for the acquisition of goods, services, or cash advances in accordance with the Customer Agreement governing use of that account. Further, Defendant(s) has/have breached the Agreement by failing to make periodic payments as required thereby. 4. The books and records of Capital One show that Defendant(s) is/are currently indebted to Capital One on account number 4802132578834924 for the just and true sum of $13383.29 as of 12/10/2008, plus interest accruing from said date at an annual percentage rate in accordance with the Customer Agreement, currently 28.10%, and that all just and lawful offsets, payments, and credits have been allowed. The Customer Agreement entered into between the parties also authorizes Capital One to recover from Defendant(s) reasonable attorneys' fees and costs to the extent permitted by law. 5. Post judgment interest will continue to accrue on Defendant's(s') indebtedness at the rate authorized by law and as set forth in the judgment order. 6. I declare under the penalty of perjury that the foregoing is true and correct and if called as a witness I would competently testify, under oath, thereto. Given under my hand on: Dated: l 12I ?? Edward Piotrowski City/County of Chesterfield, to wit: Commonwealth of Virginia SUBSCRIBED and sworn to before me, the undersigned Notary Public in and for the jurisdiction aforesaid, by Edward Piotrowski, who acknowledged before me his/her signature to the foregoing Affidavit. GIVEN under my hand and seal this 1 Notary Registration Number: My Commission Expires: / / 20 A232 GOLDMAN & WARSHAW, P.C. UAYiiJ:, :. Alkl. Jtii?itiiS(??1 hl•, ••? ?i:Jitt; '?? r? y ,.::om?r•si ?- , c:r,.:'re•s Jul 31• ??11' day 2-5.1 Notary Public ,??a?70?ls??lns! 1C ^ ? fo w v C(1 •? ?'yrr?7?Ib,7?g •?? '3Jrov 1 ?tlc . ? ..... ?l\• rya '• ' ! 71•I GF r?P?Jliyir?49?y SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson i- , . i ~ Sheriff - Jody S Smith Chief Deputy ~' --~ ~'~ ~, ~~ ~ ~~ ~~ E ~ i~ `~ ~.:i ~ 1 ~: ] 1 i ~ ~:. M I ~ ~ !y ~ Richard W Stewart "~ "- • . - ao,o .FauG I~ SOiICItOf Q~FiG6 ::- rn~; c`RIFF ~1....:°. _ ,~,, ~.j t ~ Capital One Bank (USA) vs. Case Number Robert H Black 2010-4974 SHERIFF'S RETURN OF SERVICE 08/12/2010 10:38 AM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 12, 2010 at 1038 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Robert H. Black,. by making known unto Pamela Black, Wife of defendant at 1788 N. Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. NOAH CLINE, DEPUTY SHERIFF COST: $46.00 August 13, 2010 SO ANSWERS, `"~ RON R ANDERSON, SHERIFF (cj CountySuite Shenft, Teleosoft. Inc. NAN31608 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. Goldman & Warshaw, P.C. BY: Barry A. Rosen, Esquire PA Identification No: 42951 GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK 4851 Cox Road Glen Allen, VA 23060 Vs. ROBERT H BLACK 2250 BUMBLEBEE HOLLOW RD MECHANICSBURG PA 17055-5564 COURT OF COMMON PLEAS n r., c) CUMBERLAND COUNTY Cv P'l -q rn U.j DOCKET NO.: 10-4974" -a r C-Z NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S BEDFORD STREET CARLISLE, PA 17013 717-249-3166 Goldm.a..^. & Warshaw, P.C. BY: Barry A. Rosen, Esquire PA Identification No: 42951 GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK 4851 Cox Road Glen Allen, VA 23060 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. ROBERT H BLACK 2250 BUMBLE BEE HOLLOW RD MECHANICSBURG PA 17055-5564 DOCKET NO.: 10-4974 AMENDED CIVIL ACTION COMPLAINT 1. Plaintiff, CAPITAL ONE BANK (USA), N.A., is a federally chartered bank authorized to do business in Pennsylvania with an address as stated in the caption above, and is successor in interest to Capital One Bank in accordance with a change of name and designation as federally chartered bank as authorized by the U.S. Comptroller of the Currency in letter attached here to as Exhibit "A", the terms of which are incorporated by reference. 2. Defendant is ROBERT H BLACK, an individual residing at the captioned address. 3. At all times relevant hereto, the defendant was the holder of a credit card, which at the request of the defendant was issued to the defendant by the plaintiff under the terms of which the plaintiff agreed to extend to defendant the use of plaintiff's credit facilities. A true and correct copy of the User Agreement is attached hereto as Exhibit "B" ,and incorporated herein. 4. Defendant accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the plaintiff for the use of said credit card. 5. The defendant received and accepted goods and merchandise and/or accepted services or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of the last monthly billing statement issued to defendant and Affidavit of the Plaintiff are collectively attached hereto as Exhibit "C". 6. All the credits to which the defendantis entitled have been applied and as of September 24, 2010 there remains a balance due in the amount of $18,354.67, including interest continuing to accrue at the credit card rate of 28.10. 7. Plaintiff has made demand upon the defendant for payment of the balance due, but the defendant has failed and refused and still refuses to pay the same or any part thereof. 8. Defendant's last payment on account was made on January 19, 2007. WHEREFORE, plaintiff claims of the defendant the sum of $18,354.67 plus applicable interest and court costs. Goldman & Warshaw, P.C. BY: BARRY A. ESQUIRE Attorney fEN, Plaintiff P300 NRN 51&v8 CAPITAL ONE BANK (USA), N.A., Plaintiff, V. ROBERT H BLACK Defendant(s). VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities, that he/she is an authorized agent of CAPITAL ONE BANK (USA), N.A., Plaintiff herein, and that he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. ' Dated: l i 2 ("; fir' . Edward Piotrowski A232 GOLDMAN & WARSHAW, P.C. a Ccmprdw of the Ccararw Admk*VsW of Natonal Sanks l.banainp Dapartrnant 250 E. tlrsst, OW YballroWn. OC 20219 Corporate Ision #2007-08 October 19, 2007 ber 2007 Andres L. Nsvarrete. F.aq. Mumaing Via President dt Chief Comm) - Regulatory capital One Financial Corporation 1680 Cq" One rive McLema Virginia 22 02 Re: Application to Convert to a National Bank Capital One Bank Glen Allan, V rj ainia Proposed Me: Control Numb: 1 OCjC : 2007 NBank SA F.01.001 I N Association Dear W Navwn te: I approve your application to convert Capital O w Bank. Gin Aikn, V ' to a national bank. Atka a MiorouSb review of sH iaf?ormatiao available, aad mliaeoe and comaninneats made in the application aa?d by the baaolc's ves, I that your comvwyion application meets the mpireaaeata to convert to a ional banking association pursuant to 12 USC 35 amdl2 CPR 524 as follows: Title: Capital One Bank (USA), National Association Location: Glen Allen, Virginia This O"MVal is based in part upon the imuitution's repreamtation ft ' , to conversion, the capttai tiructum will be maligned to e amply with the minbmu capital req is of 12 USC 35, 36, 52, and 37id to the rodent oppi ibfe 1 approve Caapiud One Baak (USA), National Association's plans to ewtin? the following actrvitias im thhee following subsidiaries. Foreign Bank: i ?Cappitatl Oaae Bank ?.cuope) plc - bash or?aaized under the lava of the U ' Kingdom ("UK's. PrGucipi busitama >s iaeuing cu+edlt caanis m the UK, which xxoums for ov 9544 of total revenues. The baailc else has a loan business, which is curraMly . 've, and a savings business, which is currently w?ew. Capita! One MN%Mn Limited ?'t One Hommweer Lams l 1 thhce m doe loan and Wakenand However as of August are both pct a As t1? subsidiaries are "w * Ise I ieaOtive, prior will be required prior to beginning any activity in the future. CspiW One Loans (1;JIC) Limited - is the holding company for Capital One and Capital One Homeowner Loans Limited. It does not erpge in any oth Capita One Securities Limited and Capful One Overseas Limited - time s which invest their own liquidity in various debt ire ux government bonds. Capital One Holdings, Ltd. - is a holding company for Capital One Bank (E Capital One Investments Limited and Capital One Funding Limited - speoi? sr*SXharres formed to provide tax?ient debt ttinrding to Capital One Ben support its capitalization and liquidity. S Subsidiaries: Capital One Community Development Corp. - engages in community devel and activities. North Hill Vetttz a Q L.P. - an SBIC licamd by the SBA In 2002. This information ftchw[M and aoilwane CUMPMM with a focus on fr di sum rocx-ro-coner marketing buain m do reegvire capita two continue or growth. One B Inc. - ,ovens property in Nottingham, England, which is used a wope. Capital One Properties, Inc. - owns property In Nottingham, England, used Capital One Bank (Europe). Capital One VA Properties, LLC - holds property containing Capital One E operation centers in Glen Allen, Virginia. QRtjft SYlnddlsrils: Capital One Funding, LLC - securitiaes credit card receivables. Capital One Funding Small Business, LLC - securitizes small business low Capital One Loan Management, Inc. - invests in and holds Capital One and participations. - formerr!y apd bete subsld' of I from the OCC Limited I are typically to investmem my inverts in services and at their premises for Capital premises for data and card receivables Reludrasmce Park W. -? fL sabormer?lyy owned red ewe used by doisles. %AUI ttly? IncAs 16 aidiary is comidmW dormtnit, OCC will be required prior to beginning my activity in the Mure. Capital One Raft, Inc. - holding company for Capital One VA Renaisnin Park. FAgages is no odw activities. CI in=== Corp., Inc. - previously sold iaargnce through CCu uria* dd"". As dds s i in considered prior ap uired prior to beginning any activity the fatin. Ever 2255 Limited BFS hourance services, Ltd. Suyppat Selling, Ltd. MII..,,oo?nn Ltd. MyFirumce Ltd. As thee subtidiarie: are Considered inactive, prior approval from the to beginning any activity In the future. You are reminded that the following items must be gorily effective date of the conversion: 1. The bank wort base adequate Sdeiity bond coverage in ace 7.2013, which l? four Wtars the directors should consider to 1 One Bank and its approval from the LLC and 1 One Bank. of the OCC will be be require prior or before the with 12 CFR to adequacy. 2. If a director, ol&er, employ=47, ahweho der of the bank (' luding an entity in which such person owns an 6 petcw or mon?e) is involved In the sale of credit life insimmos to loan customem toe bank dmW we compliance . 12 CFR 2, which among mbar thhtga, a covered parson from Maining comet s or other income from the gala of Creel life 1nsma contrecsod with any lau, tide makes. icles, and procedures to cel 3. The board of directors must adopt sad 6avebaeJc.Ibe bo also ti Capin the a* and sound opentioo of the wuat review those polices, practices, and p c6ndmm lly and eaaurre the bank's corral' with them. Wa sre enclosing the 1? uaum Policies and Accxhm for national tsar lei a. that ' intends to maintain 4. Cspitai One Bade SAX National Association, has wasented its meuba as Federal Hans Lam Bank ffHLB aft I gt tune, Capital One Hank (USA), Nations! Assoeidim cesm w be a of the system, it must use its best elToets; inch- diag eoatlb iaoe frHI.H os flu ederal Kous Finesm Board, to dispose of wV abdc the The OCC it ider this smack a nonconforming asset for any period that Capital One Bank (USA), N done! Association, is not a member of the FHLB system. 5. The bank must ensue that all other iced approvals am Obtained. Pursuant to 12 CFR 12525 the bank will need to 5le with 'C a aottce req .ng designation as a limited purpose bank for purposes of the Commw?ity Reimvashnent A . 6. The directors must own qualifying shares in andbr mane with 12 USCG 72 and 12 CFR 7.2005. 7. If the converting institution is sub*eot to dse Home Mbigne DDisclosue Act ("HUDA"), the bank must ensure that its reporter khadfication no 4, Whided on i HMDA transmittal shoat is changed to reflect its new OCC charter mmnber. 8. The converiimg imatiartion must notify the OCC if the firsts describai the filing meterial y chsnga st sny tune prior to corrumnadort of the converdon. Any ges to the executive otRcas or directors must recdve s "no objection" from the OCC. copies Bank Ibstin V411 be located at dic 4. S?of the Hack or off on a?perafts osabeidiary M-subSiddi the ratted Sutra. In addition, the krei=zW sidiarir will subject to OCC examinstim ision and reffidation and the Hank will assure pranpt OCC access to all books records of these sufaidiaries. uired to Convert to a national banking asso0ation. submit the Up? mpletion of all =MN `Convcsertsion Completiocatlon" (enclosed) cardfying that you have so. When the institution has sads&cWrily completed all of the above steps, the OCC will issue a Conversion ?mpdetron Acknowkd?t officially, the to commence business as a national banking assoo3atian. At that trnuel receive th charger certificate. If the conversion is not consummeW within six months from the date of the ision, the will autorna=emhmft unless the OCC grants an extension of the Om period. The its opposed to extensiom except mules the mat m teamustinng c' and expects the COnveaiOn to occur as soon as possible. The OCC will sand to you under separate cover :=does set of OCC handbooks. manuals, issuances, and selected odes publiaseoes. '111 not inclu le the Comptrol'ler's Do nshg Mww4 which is available in electronic form on our Web site: This approval, sad tlne activitks and communications by OCC enpi connection with the fifing, do not constitute a ooatsact, express at implied, or at?y ether obligati binding the OCC, the United States, any gLacy or eaft of the UnkW States, or any a or emp of the United Sees, and do not A bct the abil r of the OCC to exercise its , iscry, rgpdd ry, and aurnination authorities under applic kk law and reaulations. The rang may not be modified or waived by any amp" or agent of the OCC or the United s. All cortospendence regnn+dimg this application should reference the If you have anry questions, phase canted Senior Licensing Analyst 5060. Sincerely, Jan Kahmcr Jan Katmus Acting Director for Licensing Activities control number. usen at 202-674- Enclosures: Conversion Completion Certification Minimum Policies and Procedures 12 CFR 9 Survey Letter CUSTOM Walwme b Caplal Owe We an pleased b have your aWl ar smat This Cm0mr?prsmaantmntsm Vftvwm about yaw savant PlmeeraadRandknpk Ax your m=ds. Your waited wm to for One cod and accowl rfw Apmamat) consists of Wes Cubism Apremenn, bgeFer with mV dirges to tla Ccebmn Agmemend lbirlsw pmulded bollre9ear?lAO ma (s?app ). 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Tit card b ant oamak err popery, and youvrilramider Rion d any li s upon rewaL Assown8hl We ray tamer ym accwra, the Semft Acwwg (N epolcable). Am Seamy Aaxeua A slWanent Aagme-mi % appimbt) maw or *d; wdar Na NmmwK to an ansibram. The t UM *or mdaw 06 to Aecemt espkabis) and the wllSM* AaaadOW Assign wnAwasniark (f epp1ceD11) vM aapa? b the agret worse sal Interests Varm lanod. The asxgMe may or may niacinrMlleb dCap41 One Bank. You met pry tie nagnas and of awlee peam err of par obtpdoes weir few egwenynta. You err not tarsbr you edxwd a your under hie Armament the %aky Acmunt Ili apdabia} or go ow aNY Ao pkr vp(? bBne Ascad' a npa any eow, M aArdit m wi tea bkdkg and knave b tla baneAt dyer end oat mepedhe aaeam, eaelQns and MpeomeieL (J" Your Account; You con malm Mom* and obtain Cub aftul (I cash D ons am opl n for your ocigadnby m ft yaw car, amort minim owl shy groom am" duct (trdumnp aaa Cbdm, Convenience Chocks. Special Trawler Checks and dw atxtr dwdw) to we may sad b you. 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'in. as sp limbt, or hat ri mops for al anvil; or espeen riot w or Fey pay m a mull d NA unkmAlloof mimppeersimil la MR. b any aver, any wlwM or impaarrm4ee?lhla or accoud to F Afurwr aid 1s aaoaRy A?oxlb AWpowit Ag appNhcatlI} You Is n agree wammotnapaabbAargwamtmrabhonoryowa orsomml tt you hs s polar aadt and a Utarabporat hhin rq a such an saxtum a Deena N VAN en axarm res tarslerRd b w acne douraAlalu ant you egmad b slimsb he boxes of ty PFr wm wd it Ave krrn of yaw new s[mnl, the new smwt we emu bwm dwm bon hedfie ft the new west In opsn". Amboi lved um am not Ibandoly respdrFb fatly awtu l M aanabad wer may use a aedlcad. can m*"alab ec ownbbnnalms and an apart to be wwad tam the am ma %" b our dtcrribn, an auhoamd am may not be able to kaft rwtab actions on ha mmilL You agree to povids to with kaamhefon died! g any n pw Far arse, atldna% data of birth Panels YOU Vdh(XhM YMN snd other wer fylmg Irimmolort we N owrL Exdurgs lat. If you robs it sweaad w in ox rq CAW to U.S. doles, VISA Inbmaboul or YAONcad IntnwblW wll osrwrl me thole or credit Into a U.S. d 1ARr anrhm b accaranoe win fat oprWng m ow or oaaatilm pooswraw Is shed at ty tkmw fa famotlm Is pnoamed. VISA t nwdarutahb ant poosduwa provide Fat edicts Aprt 1, 1005. Fa araihrga mbeh ha tramadforn wwrcy ant ha biro amanq wed fa Isom" ksamalond mocowdi is Ww (1) a no tattled by vsk low the cis of soepabt rays in *tab" a?anq mom bf M tpptabis axr"prooaw' p ave. which ate nay vary We All, rata VISA ARIA real or fZ 1w gorrrwwr madatd rob In Ned for wk" fw k" w*w ptomkq dab. kkesagaM Inbermnafa mgdRfas and pccarkws Peft he arrahcy alarwerebn tab I Vasa Is ether (1) a aitabteis m*w "or (T) a govemm rA merdNed rob In effect OR the day of to W" paawang 005113 Vahto Psynnshdf. You pvn*e to pay w and am liable for of amwrat due reading Ass to snt erRsd MR of your am or acmxK bdudl p any Aare dwW tolemor be maids In Uoftc S. dd?aa Payment waft by a? AVemoK dock, momy oPayme rder or tl? ER AGREEMENT tacft trill, avert r those era w*m neaat in an war Intk W. and Foes taosadosm and fees will be vJ*ct to this Agmenwnl and As Security Aaant pmboaaast mNlwd Atls? Any aetwacilora hoxaed In excess of ywr credit to ai no reav<I b err wrw& of your m* milt unless we zvm* rw* you ohrwise. Adabest 9anelts and Unions. Fran Nma to Am, we may orw you benaWs and rwvlou rate year monolal. Taese berhmtt amd esrvlta may be pwmbd by w or hid paides. Unless aapeasly made m partot to Agmenwm and axept ae poorldtd In for AlbWabn Provbbn below, any such bawfb and e8v1oM am not a pin d thb Apwnsat and am rioted only to do on and con lions aarfned b taw badis or =man b ckwe and der dtidN doaamm pravnbd In you with mfpsd b N bawds and wrAm We may adl* add, or daft bnelb or sarvks at any Wes h accordance wth to bmntlnuw or doawrwna you soave. In addlbn, any ash bmdb or wvM ofaad b yw In the most amt salon of to T,dde b Berslis' Ad revs and mpmmb ft benat and seniom gist had bean abed to yow In al p wbw versions of the '(Kft t BMwlt; MW bllar notice. Fxcuo s? by applicable law, we am not labte for bw,d b or services prodded by pm or th ad ws or w4glons of those fled prbea negatsbis bstnnu t (an no be In a bm scowlsms b w sad tat dram on a 118 Sw4lal tsfbdon may slocat prynwills and am ere fft and proceeds wag the slow mom* of yaw NmLNK and to doges and p kftW dun b each wpm* in any vary w abrarw, k"Ing betatrons Mckift new tea cow) *6 tour annual perorlale mess J APRs) betro belimmstaMbVistAft. you mail to us at the address for pgmwd stated on put periodic will be aedia l b your savant as of the br sans ay we m solve tat prohldrM (1 yw send tlo wmplma coupon portion of your periodic Missouri: end your a in Als rrnlbaca RowNopR prwWW and (1) you' Wymad is PiewslowwN Vmmmkq conlar by the law kdolid on ( bnkimdayslapoemdews P ?eywwessmMONO ? by w of my Our bcaron or In any ofsr form may not be orrd ed at of to day we mosbs laws. Car laxness days are Monday -Sf slay, orckmig bomap, Credd awleaiy shay bodatyed in our sole diwetm to snout prynrd In good k%&lwe acceptaPWMKat acmeairptcr,we maydes p? Ft ter up b fwf (5) days. This may emm ywb an a Nwx Femme dwW and may msnl h par amaet being dedwed to beindebA Any n kim p livint d* Is dw will be stated in yarn price sWrnent You your periodic east py at text the mininwan slai noe nt b 1" a 10 Partatt p ties due mfr ft do you army pay mm than the ban as t?sumsed dddulrp MFg paba that you any a balance agaidless of wdMhranmpwstUnantshows amnimumPo mntdue. We can soepl at pri"Ift or Pau Pm", or ARm mired 'Paym at in W or ofr abler Imprepe, or phym b wit a mww to appy An ppssyyrrrrrnmemt In aSaar mint, waled I sng any d ow dolls under rill AgroemenL iilg ow rot to moor payee in bat No ppwm ohl owat a m accord and atmI " mehad ow prior wrilm appmwl. At wtlm mmmunkakns lAtut tap d?hpraed an?p d" or oMhe In bld payment convilm" r hymn buhanentFa end tail Fe to wwA awed of ft is bodaud wllh other mndllo w or iirtaaliam or es lull nom to acmum or ary car as* account *i h rie.'f yaw pwpwt is say Oft Wdm& we may acap(he payment w*mt loft any of our When you send w dm*) b ratapRymM oq yam bCxmat, you adwi a w b make a orm*w abdradc taraw rot m our bark Gomm for th man of The duck as Mosul by runarial dpb. This wkfttm amilas b all dwdys) mcebed bbyauw durfp the big period aver x xd by sorrows Was. aft you povideil thow diecloson in advance. aaFtdisrl6s b nod nmmbirab by A mdo ache chock And b me 6Nseianm. We as nd be band by any mwcm loped or endive mpprlrg an the tea or wawa ants of ty dirt f we mnd woopm taw aleaalc tanstr YOU auFahm an b maw a pp?rggvf your bnk scam by proaafkrg the deed:. absbftdock dealatMraer amt WWI "lly SOW yam accent a WPVWgb to axrmd errors, ravened fns, and fknller nutters. We mq, Is ow sole dbaetort, oat an emmdlad peyrnad wvice, You am rot M*W to we rib mr" When yes whabs w to wean a based drat! bbdWk ACH aid of aFa eepediad PIPM9 meted bryoweoea nk w May ergs you an atpadled psymntbe In an amour disclosed b you at M be of be swine. We are not responsible ter wV Adimor at the p arrant by par depositorygaautah and nay math t a fes b ha vmAcI P nth dishonor. A you 00 yow aaorat MOW or aft account bdareaOM b 8108~! Person to make a psyswa For you or b &a on yaw bawl, you agme that we may dewss your a zonlwM Fat perm fro prerreu Fe p?tant es r 1 wrra nada by yes. You Afar spa tIW Iw Val bat mponsble (a si eonsecMa a d payr ar or rnan peynhwmt by ouch pert', thinning Bros d p ffv^ reborn in yasnl tat payntam and our Wolf tea. we meene fa dpM b Roam b aaspt peymem an your beat or to pe mf orahm peon to ad on yaw What Wank /ttmnt Each mmF Awl you haw a craft or dew balance of mote tout $1 In your ecoomt w will sww you a pefoftc sbtmm a ref wean raqunad by 4Vke* lew. The Pam Mt mm will am u baaatyons bead b 1010 ammil durbg the Me Read. The hit period In the Aire from ow kftft mtabmnt Closing ate ? iaa to a rdh of next a padie whop caw. Th For Cesh Equivalent Tawaetlous, f cash advances ere an option for your aeoourd you aubpis, y"Jrklm big prod is the bldg paid with the sweonnC dabg t an use yow auW b pahm oaks flew Fa we regard a *mh gdubnt dale In low". tmraedbro' Al sash tom madba will be Vowed as mh adwm and aft be band to fa ash advance apaam of aoamat Cash erptvsbm IrmsaMaa Flow" Chwga You will be sommud pw cs dwrges a vm*x xy disclosed to irckide, vtrd Wes" 1, the Imocau of wka hr*W mawy edam, DNo, In" tyaotas ollhenAAoxunlDbdwumsaatwwWdledaetoyou faaquired tidsb, aokt gw" dip and Ww xmler producb or swvim. Notafg in this by tppkable her. paragraph Val be I darn ed In wtdet ny b mdm tat Is urmakaor Impermissible. epee not b allow Fe bbrtm of yam acmum tar and oft few or aatamw) or Me bstnce Van. b ecsad the awkstle credit Fut. f 1 Twpomy Reduction In Fl"M a Champ. We mum to right b not msmess my or of *Was dwpa for any gluts WIWg padod wkhart w ht f to Vt to as" such low" chow In a haum biro Period. Mar Fen and ryeeas a ford of yam aomunt and will twbd as a purchase and XI your your waARhis code b* who olnewhe spKft In hake I,= In whidn fulyn 0) A orb paymna be ad be sumsed AwredMo not mcahre yaw psymmit data k yaw gg Bab stimemait (q as n mor roll he Awill eabe Lmaa sede9 N balssbw mrdd and atnrt We rosy Increase at dectems yaw credit " at any fine to you. FM b nwalty Increase or decree yaw me bft at any mks to yo% a* take n obya omen Whinags. We ? bIkelt for con adwom or ona "nsecdom in mom a yaw a nfflQ any " ?^d t aaacbilling rr?L`Irali der a NOM IS rar° w?eM afar r a e?p?oyed a s send of a lnnoa & AV on now fw or drape, inn If w)?1 a returned cock woossed lwondotathawartyemailllimas ava down 0111ai pedodb aee% - W bee seemed n a paP?pe tnMss roquFed to hMt ditpulr raeoMNOn (r) a relared 1pe cent be wit be messed V,, for hatils' endheokdeAnN?c dasimilar ie6Aaed dwuryrld% Is Pat honored ee pr ram Yaai W?oaeeMOKA ed, o ((1 p at ensue us to eabedt Meaed paymamb In our discrodn. At cur aWhn, we they at paid fafavNp teeabaidyourwt. Any dad; droll dorm IRSWMW p Is be odbc*d Mecbadmly S odamW for truf ionf co uncollected fade. We may change, wry of thane We or do", or add addltlatM few and rdwgea, w Provided below. lib whit maaW the 4M b wales any of Ws wit" as nwAMMA b you cap Innowd. maliew"ort mtopavestlrw Cob A*wxt Fes. N cub aMento am penned for your saw M a ads adverse in Ilona daps we be 01 tensed each iro you WO a cash advance or cash sW ,Call added W The alvw the adva,sw tea fie ova a appled aaelim iD WW Oft your Pedodh eldemwt for the a ides l1asdele ? for 0* MIS period. This may cow ralln, disclosed 1. OW billing MW W W ppoor Then the nn 1 percwfdspemile If ad to you. MPtmbttldp Fee. if sppacahls, a maaCMaldb loo N be fa?oeed to your Ard bobs pttppwwbbHHdd union apeWloMy alliedpoegdortdwW. N 1r trrarberddp Iva Is peospeeneldnpnnuely. accom Grim, NP 111 rung loo In Is which aeseeeeeseed aemepar Allyn aydrd d1he sewed fan wdr I wapuMfthw wdap*daSMatyou eaminbf crodiinItThearmbrdlpfee wR nab rebmded, b ooloa Zee, am tyou awe canal to amount: Twellor Fos. A foe w1 be seasoned breach tranahr abods from yma amid to your tNhcrMy Account tM you oncost The be will be bitted to to ash shamm aegnewdof y" amount and Will lea keNld as a Cash aftace and applied opebd you nd*b me 11111t Faalph Tweactiw Charge. For esM tea sadfon mach h s cour" Otha than tine U.S., or U.S. T*AWA , won Wit now you a i wics charge as pmvbuy disclosed b you a pad of to TI LA Amount Olodoeaes or as vier will manors to you If r*MW by appamble for. The tea y1111 be wait on the U.S. richer ~of the transaction. Cred1 BUNN bbraetloo. You agree, that we may W" bdmmWon abed you loom credit mincing atnobn or oleo at any ban and we It fa the papaw of moolofkl your aedt Women, MOVV your amont and considerkp you for now Oft and POW". Security Vita(. The bow and whdlab ow t k* within ads pwgr"h ** only 1 In applicalibn to be amount stated tat to accord will to a seamed amount You a with certain Tlnda, tdddl have bun I - 11 in the "Avant To ? of [wpm of ft boom d ft amount and all dw enouds cam WdM 10 III Agnowrownt and the AmruM Attention Apanatt you have traoenad, and b us a teaeNy, hdvwlbinn to g asomeedn of pwoeeda This seamy Now Mcl der, with ImINAM tle_ WtW I (undo Sind were *W hid the Sociolly Account. my addlorW binds addad to to Accoundt by = and any 'I-- - amid b or accrood on 14 Secuilly The Wins oiry? st unly We" ire ad loft In BMSrty Am mat Assgeromd Agreement you aaernbd N W you defaul or fail b abide by any of the Was of this Awwftl lambing fin?h? toSociality Aoc muKbl01% your WMIN a closed, ieinamorn%Ply WOW bIMWIWsend M d FuWe Olive. The bans of any hbug der rob" to to aocad vii be dbdped w yyWou at the moo tea aW it node. N you accept n dlr IM Wm Will WMW Meclve knamedNlsy uhden odawbo Willed b ill odor. DdaL WO may, b aursolo dlowtln, dedmpaadyenlewmlt uodr tda Agaemxt fE (a} all you nsaada ryaeda idt n (e anNaauwd to oelroa peymut your amount Is not IvaMW a areal be woomed, or an *KIM c =orb mob p IMI on your vom or me ae? ems of tva Apemem a Widly Ammo Aealreenl we have declaimed you dolled und e?feen? visor any dal our dMehe, a t3) uw determine dot you made any files or MMWirp sbbaads oil pu catbn tin, or regarding ft use at to eomA or otherwise afbapbd to u, (4 or IV" you o )5)pa dies ae id banbup?y a minm a tltdNetwy ceps sm imaWed ?r ( y Nte?qayodf? rtllhtbmlaellewrMa4 nby?y,- vii be sit to pay IthbrgeL InachoA dalegw end shim sew purewMb to sernds d gob Apemen, fduclup an appiowe dabult ale, mush aft ay ?dg? b oblo od. AdOway. we may, at our ads optorc (a) Nall or not atom you b riw4 any now p wine" or Cads gm motors n you a) i daeene yam niitanIn ppgqnnaeMm wMu fuck Hain a any 6a aghAed by Ise or ( subJad to to YnlbMse of Apptmbb Now, done you amaud{5 sad dwherd :sender prymwM a Ile shed ottsMNdkhe beblwe due M oNw ertneUew Gift ads the wn of Lin To the warm pemrhad by taloaney' law, yon ogres b py a cep of oura wl mud sorb, calarAOmd a0shbaa a+d s mew (Ntlher pe b an alpnoy who b ono a our anpbyws or an atawy eta Is cal am of ow anima) Incomd by u Is the wDoc nanywmWyo+owwudrtubApmwoKYoudeoagtwbtidyuat d our Anal msb flat nave bon IN MNrYt your aae, bclodko any an* we hey eau by llm:wa yaraaanra @Moed n s lneb dad bL Nothing In ids propph slot be co glrted b nt or irtoods ar dgM b require Whom In arsbrdsas with Me Arobatlon PmWWw Wow. Account Cbwra and Swpwtlon of CmA rrNkyu (1) Wes mar. at arse 1me, with a~asues,Witha Without advanonndw,cadapadaseat efthineea nw4alftn or pamawnyngad you wall p"M udwft AArsomen . I we cancel temporarily a accanL you ape b bnottatey, doabdy as c" and card swoud access decks, villillidon YmnNhw kul tID ff4b and your mist cbrgedan under hid ApneIrIMK b and rtoate rsnbcancelledayoucmdlpthlepes are biriporadly or wmnw* sullpevelod. Connotation of on o r at v awn arih VA no IIIaged our * account *BMW % % 005113 INN cases uahp you card and amount k you do m1 cancel as I NN erhapwew, you end we WM meow our rencaopW of as nest to lomes sM bM in this Agmowwd NO the ury Amount Anlpnmeld Apnadndn p1 spplicsWel. Yaramotdwal not be dosed amp you pay dl rnerenes you we us w dv this Ap onlnaN cad lie .460rdy Amount Assipnno nt Agrwmwd (I 00cft) Including, OSM lmi" dry Purchase, and Cash sthhenae WNW" you revs altwdad tome dorgas, to prJoK check M, sialroad ass l ilp tiska? a? ralumed f Inm* fm W1 desti?i card any dw fees w to your account. You we ere ter Mrse smmna whaft they ban ca binned at the 1me you tossed a rloeus Of it* amount or qtytr are IIL1eed subasquad to your squat to does the amanL This may real In the Caw eppwtNq an your amaad shat you taea the Aemas t to be dosed and, t the account heu Moody been doted She ama M wK be moponed an the farm W bM W 11111; Agword well the Security Acmunt Assiti ent Agreaned td >. For er I you adw a pumhate dwp km hem been closed, you Amami wt he r fturd cal Zyaa?a added b your amtidrd and you will be noporrlolo W wdw aloe bmw d ft Vwhw l and to Somoly Account Assffpprated Agm M" it sil k}. The R*Mftda tea for you armed tai tomhNwe to be charged. to lie gained pamMst by aoobdde low, udR M wife amid balance Ms been paid is kit as Owabgd above 1 tho seoown b rwgerrd, a raw mm filhip fee Abe caged In 10 RMat w 09W abmw. I you, adfp as to p rn" coed oldet, wad to tammbew a Jotid amnnladees or in oultodwd wens access in to amolnL you mint all our Cpbmv Relabw depil nt and cawted 1dd Wndnslah. ImmaditW teedbr, you a8pyIees0 b destroy Pet persons and do" ctryry u am out access ,third M tbt P0.6 Popaeien b be a dNay in to eNe1M data of this Wmfefbn of teal rypputnn's mom b tie aaaM. The emoud will be ctlhwedrygahd a?=tMaoco b pW mpxWW apa>f?a chages; uthorized user diet oast Card b the gNsalhte dab a tee bn+dsaion s+en ii 1r eteryw do not appear on the minced w9 s bier tmg. I }nu me unable to ?dyuwsy a? to local some deft In #* peens p osembn, and you amt ourthGnWwr RWON 6V~ done your amouK your amounk will be closed III sawdenoo with ft premdhgb wagraph. ENw you anft Sea ON ardwder, t any, may owly fora now account Changes In Tarr, We may add to emavw, amend or cherpe any Can or pmvbwn of 16 Agroo ork bckdafp Ina amwd pewn=0=rid any or a as tie p,p(bo?dssfdorn In tub lpheament) o story the I we do aa% we wR 9w you Will o(such snbndrwM or charge t essdra by Federal low or Virginia, law (b be pbtt cad porroo d by FWW law) union we had pevbwy noft to arbmhde IMt tr soun wouldbe too afwtaknora or dale ww wt notion. Ndfon vii be mend to the tad addrew h4aWt I now toads for the amount "mom. an nice ail be t we pbvbday had nob7lw yyoouu sot you avocu rtwould be au?b* to said amendment or dills W MA naUMPS laanceli mt the e daleofhedripsrradnrrofnotMxwilift mudbW ?rnal kd*s baroaciau bad b the emend It" to dale data, and W*w of not you mnNae to erg 10 ACmned. Chslu It leas And Gthedrdgw war appy ID your Amount from to dbcft" d the chop. GOWAN Law WE MAKE Tiff DeC1810N TO ORANT CREW, OPEN AN ACCOUNT AND MA YOU A CREDIT CARD MV OUR OFFICES IN VItTOSUA. The ApguNM Is to be cowrued in wonplam a wMh and parsed by to few of do United Stubs of Ameba sad by to totted not to Menge a part of this Aprwmset, We Agree em will Nlan rod as if the IaherlbRwblt w bvald pmt visa not tfws, but the eamWdng pads will rsmab in N d Walras. You waw the ddyGM to mww notice of my wow or do* or pwieentinaP p or edit mad any eoM you Yamaha o de(eue weiw nwdmin aiMilew wl e to the p?WkWv lit ation period. for an additial Lod or Shen Cads at Astound Amara Chub. If your cord(s) or account sows ducks era led of sbiad or t someone slow my be udrp tam wiled your Permission, miry us at ono by soft to %*" nuPWT an 1e beck a oorlod10 mYemo ft of ytrMq any ial?he ? P.o dvm eak WD115, R akf owed, A Z3P85MS, You alt not belle In any amount forwtattoded use of you stns or amcud amass ditw You ague to bti w all once t you daps your nom, atdrsu, bhphone mnbr a empbytnent You ago0 b phis a wftn notice of any in your MNng aabone d diet 10 dep before the c ange. Changes may b von n in the space Pmviad an tie M*W" coupah Casson of your porlo 0 ow*r cat or may be send b the foloudrl addrom Ca* One, P.O. Uw 05015, Rfrhmo d, VA Y3 5. 5015. N your amount Is a Joint acmes or I mar then one person Is pemWd! b ee It you apes ltd d a76rea regldmp the amount may be sort soloy In, the addmss sham n arbbp remrda. Coemnkdons. Won may ideas 111m)"on to others byorg the slows or hbewy of your email as set bath In the Coold Oe Macy Now, a copy d which hoo bw proWed b you. We mir make Incluklas of Not parties, in eawtWan mandah Ing aid coNmiel your account and you auto o such third pergag b mission f/arnRon *M you to us We or our rep onlWo may cased you tram In to On mpadfp the waft or b ask for adetlmnat irdnmotprt shod youu?a ymar apedence of Co* One. Y Was, lot such mofd+ctr are not sw4 ae not Ndhd MOW as apomty required by sappppksAb kne and may sultan Donee Mfonnwon you have pmvbed agoUs obtained from nor sautes, For aompb, ver may muted you at your hone or Wew of employment duke waskado or to NWA an yaw mobfe bloplim vobomM or uachfo, and by emit, ev, marled mosspe, land n esna, or pK Encino w reel by aooirabte low. vre may wodbm or record dry sit via make or sane, eapp sea air 00111 lm umm and use an aubmwd dWa and emadabkp dwke. ARWMTIDN. PLEASE WE ENCLOSED "ARMITRATNRf PWIAMN,' PLEASE NOTE THAT THE TERM NICLUOED tl THE ARBITRATION PROVIMN ARE PART OF YOURCUSTOMFRAOREtlAE/r. 0 2005 At dCW lit One lienim, Im Caplul Ow it a federally M*Iemd w0ce mark. . number shod m your Pawam ahebmaM sed MIAMI" an account closure. You to datroy as rids and unused am M acme cMW, mnod d prn clotted tips -n.... .... ... 77 777 Cap talow* I what's in your wallet? NOT PAYING YOUR DEBT 500013 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 frig check by phone service or speak to an associate by calling 1.800.955.6600. Make sure you call or pay the amount due on your statement within 30 days to keep your account from being charged off. 0 2006 Capital One Services, Inc. Capital One is a federally registered service mark. All rights reserved. 500013-09503 FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date $9,359.83 - $0.00 + =$226,40 + $35.00 $9,621.23 X1;£357.00 Sep. 07, 2007 Jul. 08, 2007 - Aug. 07, 2007 Page 1 of 1 FUME FAY AT (FAST THIS AMOUNT Visa Business Card Account 4802.13257883.4924 (?!H Has* Your Account Information REwARDV TOTAL CREDIT LINE $8,000.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $4,000.00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please see reverse for important information) Balance rate Periodic Co ing FINANCE applied to rate AT CHARGE Purchases $9,470.03 0.07712% 0 28.15% $226.40 Cash $0.00 0.07712% D 28.15/0 $0.00 ANNUAL PERCENTAGE RATE applied this period: 28.15% t ?;.• ar s, e s.r e. a?ge of I_ -It;.: , . .. ; 6 rR a<. :-i4i du a ? ?. '. adi bs. ,. , and y a?1 , t c:r: he a 1 d ,.1; yi out „w. m try. n "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 not to raise your APRs at this time. Please be advised that if you fail to keep your account in good standing, Capital One reserves the right to raise your APRs in the future. Rewardslummall Previous available balance: 13,809 Earned this period: 0 (reflects transactions posted dur" this billing cycle) Available Balance: 13,809 0 At Your Service 1-800.887.0904 Payments Credits & Adjustments To call Customer Relations or to report a lost or stolen card: ® send payments to: Transactions Capdal one sank P.O. Box 70884 - Charlotte, NC 28272-0884 1 07 AUG PAST DUE FEE $35.00 Send inquiries to: Capital One P.O. Box 30285 - Salt Lake City, UT 84130-0285 ® For more Information on your Rewards: You were assessed a past due fee because your minimum payment was not received by the due date. To avoid Visa: wwe.cap1talone..rr*4esrewerds this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Cale 1400228-3001 Capital One. 6056 506 1 07 7 070807 PAGE 1 of 1 OlDM6056 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE 0 4802132578834924 07 9621231595001857004 C3~ ` I what's in your wallet?* Account Number: 4802-1325-7883-4924 New Balance Minimum Payment Due Date Please print address or phone number changes below using blue or black ink. $9,621.23 $1,857.00 Sep. 07, 2(107 Address PLEASE S itAY AJ SEAS 1h90JNT E- Home Phone Alternate Phone TN: E-mail address @ Amount Enclosed , #9022080591164808# MAIL ID NUMBER ROBERT H BLACK R H BLACK INC. Capital One Bank 2250 BUMBLE BEE HOLLOY RD P.O. Box 70884 Irlululrlrlrlrllurl MECHANICSBURG, PA 17055-5564 Charlotte, NC 28272-0884 Iut111nr111nuIr1nlrlnlrlulrlnlludulrlrlrlluJnrll Irrlrllrrlrr11 1111111111111111 1111011011111111111111 llrrlu1111111 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. ROBERT H BLACK 1. Mow to Avold a Finance Charge. t a. Grace Period. You with have a minimum grace period of 25 days wlltaut fktmes, ohm" on raw purchases, new balance transfers. new *pedal purchases and new other charges Nyou pay your hotel-Now Balance-, In accordance with the important Notice or payments below, and in tare for It to be credited by your payment due date. There We no grace period ale cash advances and special transfers In addition, there Is no grace period on any transaction Qyou do not pay the Withal 'Now balance.' b. Accruing Finance Charge. Tranaadbns which are not subject to a grace period are assessed finance, darya 11 Win the data of the as tagidson or 2) from the dale the transaction is processed to your Account or 3) from the that calendar day of the carman billing period. Additionally. If you did not pay the 'New Balance' from the previous Willing period in full. lrnarWe charges mane to scan s to your unpaid balance until to unpad balance is paid in Full. This mean that you may ag owe finance charges even If you pay as emirs New Balance indicated on tat hate of your statement by to payment due date, but did not do so for the previl month. Unpaid ice" charges are added to the apotcebla segment of your Account. t c. IBnimun Finance Charge. For each hiHng pied that your account la abject so a finance charge, a minimum tidal FINANCE CHARGE 450.50 ,IN be imposed. t d. Temporary Reducdoe In Ffnnu Charge. We reserve the right to not seem any or at Nnancoe charges for any given billing period. 2. Averege Daly Balance Oncluding Now Purchases). Firhrwa charge is calculated by multiplying the daily balance of each segment of your account (e.g., cash advance. Purchase, spades Manager, and special purchase) by the corresponding dally periodic rate(s) that has been previously disclosed to you. At the snd of aeon day during the bill period, we apply to dally periodic rate for each segment of your account to the day balance of each segrteM. Than at to and of the Willing period, we, add up the respire of these daily calculations to arrive at your penodic finance charge for each segnheN. We add up the results from each segment to sonic at the total periodic tkynoe dmwW for your account To gat the doily balance for each segment of your amount, we take the beginning balance for each segment and add taly new transactions and any periodic lnance charge cWmlebd on lta previous drys balance for that segment. We lank subtract any payments or credits posted ea athat day that ere albeated to that segment. This gives tea this separate dally balance for each segmert of your account Holvewr, N you paid the New Baianco shown on your previous statement In full (or If your new balance was zero or e coat am 1), new transactions, which poet to your purchase or special purchase segments are not added to the daily balances. We calousta lid average daily balance by adding ad the dally balanccee together ate dining flee sum by the number of the days in the current bilkg cycle. To calculate your total finance charge, multiply your average deny balance by the daily periodic rate and by the number of days In to bgkhg period. Due to rounding an a dally basis or due to minimum finance charge assessment there may be a variance betwom tide calculation and the amount of finance charge actually assessed. 3. Annual Percentage Raba (APR(. a. The form 'Annual Percentage Rate' may appear as'APW on the front of this statement. b. It this code P (Qua," Puma} L (Quarterly LIBOR), C (Quarterly CO), or S (Bankcard Prime) appears on the front of this statement next to to parodic rate(s). the periodic rates and corresponding ANNUAL PERCENTAGE RATES may vary quarterly and maylncraeas or decrease based m the staled indices, eat band in The Wall Street Jaunt plus the margin previously disclosed to you. These diverges will be, elfechle on the fled day of your Willing period cowed by , your periodic treatment ending In the months of January April, July and October. a If to code D (Monthly Prime), F (Monthly LIBOR), or G (Treasury LIBOR) appears on the front of your statement next to the periodic rate(s), the periodic rates and mmespondiN ANNUAL PERCENTAGE RATES may vary monthly and my increase or deaaase based on U. stated indlow, as found In The Wall Street Journal, plus the margin previously aiedosell to you. These changes ell be Qectw -the that day of your billing period soon month. 4. Asaeasmant of Later. Overton and Retumsd Payment Fess. Under the terms of your customer agreement we, mom the right to Waive or not to aaseas any fees vMhout prior notf catcntoyouwithout walvig ourright to assess the same or s angar leas st a tear time. t 5. RarhsrNng YourAccounL N a membership fast appears on the front of your statement, you have 30 days from Ina dale this statement was mailed to you bawd paying the fee or to have such has credited to you If you cancel your account wilhoul having to pay the membership fee. To clinical your account you must notfy, us by calling our Customer Relation Department and pay your-New Balance In ha (exdhidling the membership fee) prior to the and or the dis ty-day period. 6. N You Coss Your Account. You can request to dose your amount by calling out Customer Relations Department. You moat destroy you creel candle) and moamt access decks, cancel all presuthohized billing and cease using your account. After your request to does. N you continue to transact a do not cancel Preaugho rind biting arrangements , we will consider recdq of a charge your sutgrtraUon to keep Y. account open. Additionally, your amount vsl no be dosed until you pay all amounts you owe us including: any tronsactlo ns you have authorized, Mance charges, past due fees, martins fees. returned payment lose. cash advance Ises and any .tearfees *.send to your cccum. 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 In does the account. This may reedit in charges appeasing on your account after you have requested the account to be dosed. 7. Using Your Account Your card or account cannot be used in connection with any Internet gambling trensediau. 8. Notice About Electronic Check Conversion. Wuhan you provide a check as payment you euthwixa us either to use information from your check to make a ore-lime electronic fund transfer from your bank account or to process the payment as a deck transaction. When we use khfomaton from your check to make an electronic fund transfer, funds may be wddrewn from your bank account as soon as to same day we receive your payment, and you wR not receive your check back from your financial Institution. BILLING RIGHTS SUMMARY (In Caen of Enos or Questions about Your Bill) It you think you bit Is wrap, or if you need more information on a transaction or bit, write to us can a separate shad as soon as possible at the address for inquiries shown on the front of this statemem- We must hear from you no later than 60 days after we sent you fat flat big on which the error or problem appeared. You can call our Customer Relations number, but doing Wwill not preserve your rights. In your letter. "us the following information: your name and account number. the dollar amount of the suspected error, a descriptIon or the ermrand an explanation, If possible, of why you believe there is an error; or if you need more information. a description of the item you ere unsure about You do not haw to pay any amount in question while we are Investigating It, but you are sit[ obligated to pay the parts of your bill tat are .it in queatim. Wldte we Investigate your question, we cannot report you as deli quent or take any action to called the amount you question. $, t Special Rob for Credit Card Purchases if you haw a problem with the quality of property or services that you purchased with a credit cad and you have tried in good truth to coned the problem with the mercham, you may he. In right not to pay the remaining amount due on the property or services You have tors protection only when tat purchase price was more than S50.00 and the purchase was made In your home state a whin 100 miles of your meting address. (If we own or operate the merchant, or It we mated you the aMertlsoment for the prop" or services, all purchases ere covered regardless of amount or location of purchases.) Plante remember to sign all correspondence. t Does not apply to consumer noncredtl card accounts Lies not apply to business non.credif card accounts Capital One supports information privacy protection: are our wabsta at wymcao6alone.com. Capital One is a federally registered service mark of Capitol One Financial Corporation. At rights reserved. A 2005 Capital One Ul Umbum - 1 - V411uml ImpotlaM Note: Payment you mill to us Wo be credited to your account aid dw bkaaaas daywa recaim it. provided (t) you send did bottom ponxn Of die statement and your deck in he erndmed amaance ansts a ald (2) your payment h mowed n an go-iirv center by 3 p.m. ET (12 man PT), Pbase etowat Nest five I51 bufYlssa days fa posit debery. Paytlms recehed by us a arty atlm hcalon a In any other tam may not be created a of tat dry wa recwe item. Our business days am Monday dwoogh Sawrday, exdWhg holidays. Please do not use staples, paper dips, etc. when piercing yon paymehd. Goldman & Warshaw, P.C. BY: Barry A. Rosen, Esquire PA Identification No: 42951 GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK 4851 Cox Road Glen Allen, VA 23060 Vs. ROBERT H BLACK 2250 BUMBLE BEE HOLLOW RD MECHANICSBURG PA 17055-5564 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-4974 CERTIFICATION OF SERVICE I, BARRY A. ROSEN, ESQUIRE, counsel for plaintiff, hereby certify that on the date below, I served a copy of Plaintiff's Amended Complaint Pursuant to Pa.R.C.P. 1028(c)(1), via First Class Mail, postage pre-paid, to all other parties or their counsel of record. BAR Y ?7ROSEN, ESQUIRE Dated: ,2 y 40 CAPITAL ONE BANK (USA), N.A., Plaintiff, V. ROBERT H BLACK Defendant(s). AFFIDAVIT The undersigned, being duly sworn, makes the following oath: 1. I am over 18 years old and competent to make this affidavit. I am an authorized agent of Plaintiff CAPITAL ONE BANK (USA), N.A. ("Capital One") for purposes of this affidavit. I am duly authorized to make this affidavit, and because of the scope of my job responsibilities, I am familiar with the manner and method by which Capital One maintains its normal business books and records, including computer records of defaulted accounts. 2. These books and records are made in the course of regularly conducted business activity (1) at or near the time the events they purport to describe occurred, by a person with knowledge of the acts and events, or (2) by a computer or other similar digital means, which contemporaneously records an event as it occurs. The contents of this affidavit are believed to be true and correct based upon my personal knowledge of the processes by which Capital One maintains its business books and records. 3. The books and records of Capital One show that Defendant(s) opened an account with Capital One for the purpose of obtaining an extension of credit and did thereafter use or authorize the use of the account for the acquisition of goods, services, or cash advances in accordance with the Customer Agreement governing use of that account. Further, Defendant(s) has/have breached the Agreement by failing to make periodic payments as required thereby. 4. The books and records of Capital One show that Defendant(s) is/are currently indebted to Capital One on account number 4802132578834924 for the just and true sum of $13383.29 as of 12/10/2008, plus interest accruing from said date at an annual percentage rate in accordance with the Customer Agreement, currently 28.10%, and that all just and lawful offsets, payments, and credits have been allowed. The Customer Agreement entered into between the parties also authorizes Capital One to recover from Defendant(s) reasonable attorneys' fees and costs to the extent permitted by law. 5. Post judgment interest will continue to accrue on Defendant's(s') indebtedness at the rate authorized by law and as set forth in the judgment order. 6. I declare under the penalty of perjury that the foregoing is true and correct and if called as a witness I would competently testify, under oath, thereto. Given under my hand on: ? Dated:[ 1 12- j C) ` City/County of Chesterfield, to wit: Commonwealth of Virginia Edward Piotrowski SUBSCRIBED and sworn to before me, the undersigned Notary Public in and for the jurisdiction aforesaid, by Edward Piotrowski, who acknowledged before me his/her signature to the foregoing Affidavit. ^^?? GIVEN under my hand and seal this U1 day .? Notary Registration Number: Notary Public My Commission Expires: ! i 20 'Opsi"'",."" _ .;P ?J??t?it`C .* •,. tiy . .. • ? + ?....,.,,?:?.,:, ,_.M.' , ...• .,_. , :r,?,...?? : c-' : , C' ?`11TE ?erg • •t S •' fy..m?*1rt}w,, .;i;l O' ?i(!?F?}i4 Ja. ?,'JL + ?? !ar EAJu) 31, Z312 '?r'. j ` \I?•.4h Pei,/ ii A232 GOLDMAN & WARSHAW, P.C. ., .W OFFICES OF PETER J. RUSSO, P.C. .ATTORNEYS FOR DEFENDANT 5006 EAST TRINDLE ROAD, SUITE 100 MECHANICSBURG, PA 17050 (717) 591-1755 -PHONE (717) 591-1756 -FAX ~~i~ ~=~~Grrl~:~ -~-; ~ ; -, -; r ~;, 0 ~~ R'f •~tr~ ,rf "l1'~ CAPITAL ONE BANK (USA), N.A., COURT OF COMMON PLEAS Successor in interest to CAPITAL .CUMBERLAND COUNTY ONE BANK Plaintiff DOCKET NO.10-4974 v. ROBERT H. BLACK Defendant CIVIL TERM NOTICE TO PLEAD TO: CAPTIAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK c/o Barry A. Rosen, Esquire You are hereby notified to file a written a written response to the enclosed Defendant's Preliminary Objections to Plaintiff s Amended Complaint within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, + + OF TER J. RU5S0, P.C. Peter J. Russo, Esquire Attorney ID No. 72897 Elizabeth J. Saylor, Esquire Attorney ID No. 20013 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 717-591-1755 Date: ~ C1 l b ~l 0 i _J• ~ LAW OFFICES OF PETER J. RUSSO, P.C. ATTORNEYS FOR DEFENDANT 5006 EAST TRINDLE ROAD, SUITE 100 MECHANICSBURG, PA 17050 (717) 591-1755 -PHONE (717) 591-1756 -FAX CAPITAL ONE BANK (USA), N.A., Successor in interest to CAPITAL ONE BANK Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 10-4974 v. ROBERT H. BLACK Defendant CIVIL TERM PRELIMINARY OBJECTIONS OF DEFENDANT ROBERT H. BLACK TO PLAINTIFF'S AMENDED COMPLAINT AND NOW, COME Defendant, Robert H. Black by and through their attorneys, Law Offices of Peter J. Russo, P.C., and file the within Preliminary Objections to Plaintiff s Amended Complaint, and in support thereof, avers as follows: 1. On or about July 30, 2010, Plaintiff commenced an action against Defendant by filing a Complaint in the Court of Common Pleas of Cumberland County, Pennsylvania. 2. Plaintiffs Complaint purports to set forth a single cause of action against Defendant sounding in breach of contract. 3. On or about August 31, 2010, Defendant filed Preliminary Objections to Plaintiff s Complaint. 4. On or about September 27, 2010, Plaintiff filed an Amended Complaint purporting to set forth a single cause of action against Defendant sounding in breach of contract. ~, T FAILURE OF A PLEADING TO CONFORM TO LAW OR RULE OF COURT and INSUFFICIENT SPECIFICITY IN APLEADING - PA.R.C.P.1028 5. Pazagraphs 1- 4 aze incorporated herein by reference as if fully set forth at length. 6. Rule 1019 (h) and Rule 1019 (i) of Pennsylvania Rules of Civil Procedure requires that when any claim or defense is based upon an agreement and if the agreement is in writing, it must be attached to the pleading. 7. The allegations set forth in Plaintiff's Complaint assert that Defendant owes a sum specific of money to the Plaintiff, specifically $18,354.67. 8. Plaintiff does not attach "a true and correct copy of the total due and owing" only one statement from 2007. 9. Plaintiff fails to attach the contract between the parties and is therefore in violation of the Rules of Civil Procedure. 10. In a credit card suit, a creditor must "attach the writings which assertedly establish [the creditor's] right to a judgment:" Atlantic Credit and Finance, Inc. v. Giuliani, 2003 PA Super 259, 829 A.2d 340, 345 (2003). 11. The Plaintiff has failed to "attach the writings which assertedly establish [the creditor's] right to a judgment." 12. Rule 1019 of the Pennsylvania Rules of Civil Procedure requires that a plaintiff sha11(1) set forth the material facts upon which a cause of action is based and (2) attach the writings when a claim is based on a writing. 13. Whenever a claim involves one period of time in which the initial terms and conditions of the credit card agreement apply and other periods of time in which amended terms and conditions apply, the plaintiff must attach to the complaint both the original and amended terms and conditions with the dates on which they are applicable. Worldwide Asset ~. 1 Purchasing, LLC v. Stern, 153 P.L.J. 111 (2004). 14. A complaint in which a plaintiff seeks recovery of a specific amount of money that is allegedly due must include documentation or allegations supporting recovery of this amount sufficient documentation to permit a defendant to calculate the total amount of damages that are allegedly due by reading the documents attached to the complaint and the allegations in the complaint. Worldwide Asset Purchasing, LLC v. Stern, 153 P.L.J. 111 (2004). 15. Plaintiffs Complaint is insufficiently specific because. it does not meet the requirements of Pa. R:C.P. 1019(a) and (f). 16. Plaintiff avers that Defendants owes $18,354.67 for charges made under a credit agreement with a credit card yet does not attach anything showing such information. 17. Pa.R.C.P. 1019(f) states that "[a]verments of time, place and items of special damage shall be specifically stated:" 18. Plaintiff has failed to comply with Pa.R.C.P. 1019(f). 19. Defendants believe therefore aver that the obligation Plaintiff seeks to collection has been assigned from the original creditor and Plaintiff has not attached an a true and correct copy of said assignment. 20. Plaintiff attaches a purported assignment however "Capital Bank One" is not named as one of the subsidiaries approved by the conversion application as issued by the Comptroller of the Currency. 21. Plaintiff failed to state .specifically whether said alleged assignment was oral or written, in violation of Pennsylvania Rule of Civil Procedure 1019(h). 22. Plaintiff failed to attach a valid assignment to the complaint, in violation of Pennsylvania a •~ ~ Rule of Civil Procedure 1019(1). 23. Demurrer is appropriate because Plaintiff is not a real party in interest in this matter, it lacks capacity to sue, pursuant to Pennsylvania Rule of Civil Procedure 2002(x), which requires that alI actions shall be prosecuted by and in the name of the real party in interest. 24. The complaint alleged that Defendant received, accepted, and used an account to its [sic) benefit and the account is in default and has an unpaid balance of $18,354.67; however, the complaint failed to state any claim upon which relief can be granted. WHEREFORE, Defendants respectfully request that this Honorable Court SUSTAIN the Preliminary Objection and strike Plaintiff's Amended Complaint. Respectfully submitted, A~~-6i+z R J. RUSSO, P.C. Peter J. usso, squ~r Attorney ID No. 72897 Elizabeth J. Saylor, Esquire Attorney ID No. 20013 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 717-591-1755 Date: f v C !~ ~ ( O Z ! a ~ LAW OFFICES OF PETER J. RUSSO, P.C. ATTORNEYS FOR DEFENDANT 5006 EAST TRINDLE ROAD, SUITE 100 MECHANICSBURG, PA 17050 (717) 591-1755 -PHONE (717) 591-1756 -FAX CAPITAL ONE BANK (USA), N.A., Successor in interest to CAPITAL ONE BANK . Plaintiff . v. . ROBERT H. BLACK . Defendant . COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. 10-4974 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of Defendants' Preliminary Objections to Plaintiff s Amended Complaint upon the following persons, in the manner indicated: FIRST CLASS MAIL Goldman & Warshaw, P.C. Barry A. Rosen, Esquire 312 W. Broad Street Quakertown, PA 18951 THE LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Defendant BY: Ashley R. M lcolm, Paralegal Date: ~ C~ ~ ~U ~ ~ 1 ' Goldman & Warshaw, P.C. Barry A. Rosen, Esquire PA Identification No: 42951 GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK vs. ROBERT H BLACK FfiCED-O~'FICE NANSi6os Df THE RRpTNON01'ARY zoo ocT ~ 9 are ~o~ zs r~~'PEt~NSYLVANUA TY COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 10-4974 PLAINTIFF'S ANSWER TO PRELIMINARY OBJECTIONS TO AMENDED COMPLAINT 1 - 4. Admitted. 5. This paragraph, incorporating prior paragraphs by reference, does not require a response. 6. Admitted. 7. Admitted. 8. Admitted in part, denied in part. It is admitted that plaintiff attached one statement to the complaint. It is denied that this is not a representation of the amount currently due and owing, which can be determined by continuing to accrue interest set forth on the statement through the date of preparation of the complaint, which is set forth in the complaint. 9. Denied. The User Agreement is attached to the complaint. As indicated in the complaint, the User Agreement is sent to the defendant upon receipt of his application but not signed, and defendant's use of the credit card signifies acceptance of those terms by the user, in this case defendant. 10. Admitted to the extent that the case cited by defendant is a document that speaks for itself. 11. Denied. It is denied that plaintiff has failed to attach the documents to its Amended Complaint which establish plaintiff's right to judgment. On the contrary, the documents attached, taken together, establish defendant's right to judgment. 12. Admitted. 13 - 14. Admitted to the extent that the case cited by defendant is a document that speaks for itself. 15. Denied. It is denied that plaintiff's Amended Complaint is insufficiently specific. On the contrary, the allegations and documents attached to the Amended Complaint meet the requirements of Pa.R.C.P. 1019(a) and (f). 16. Denied, for the reasons set forth in paragraph 8 above. 17. Admitted. 18. Denied. It is denied that defendant has failed to comply with Pa.R.C.P. 1019(f). Plaintiff believes and avers that its pleadings and documents, taken together, comply with the said Rule of Civil Procedure. 19-22. Denied. It is denied that the obligation plaintiff is seeking to collect has been assigned from the original creditor. On the contrary, as alleged in the complaint, the creditor is the same, although as indicated in the complaint the name of the creditor changed from Capital One Bank to Capital One Bank (USA), N.A., and Exhibit "A" to the complaint is evidence of that name change. 23. Denied. It is denied that plaintiff is not a real party in interest to this matter. On the contrary, as noted above, plaintiff is the original creditor, although with a change of name from Capital One Bank to Capital One Bank(USA), N.A. 24. Denied. This averment is a conclusion of law which requires no response under the applicable Rules of Civil Procedure. By way of further answer, Plaintiff believes it has set forth allegations that defendant contracted with plaintiff for use of plaintiff's credit facilities, that defendant defaulted in his obligation to make payments when due and that plaintiff has sustained damages as a result of that breach. These allegations set forth a cause of action upon which relief may be granted. WHEREFORE, Plaintiff respectfully requests an Order denying defendant's Preliminary Objections to the Amended Complant. Goldman & Warshaw, P.C. BY: BARRX A. OS ESQUIRE Attorney for Plaintiff P014 BARRY A. ROSEN, ESQUIRE, hereby states that he is the attorney for the plaintiff in this action and verifies that the statements made in the foregoing Answer to Preliminary Objections to Amended Complaint are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. BARRY A. R EN, ESQUIRE Goldman & Warshaw, P.C. Barry A. Rosen, Esquire PA Identification No: 42951 GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK vs. ROBERT H BLACK COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 10-4974 CERTIFICATION OF SERVICE I, BARRY A. ROSEN, ESQUIRE, hereby certify that I, on the date below, served a copy of Plaintiff's Answer to Preliminary Objections to Amended Complaint, via First Class Mail, postage pre-paid, to all other parties or their counsel of record, as follows: Peter J. Russo, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17Q50 BARRY A. OSEN, ESQUIRE Dated: /r/ /y/~' CAPITAL ONE BANK (USA), NA IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 10-4974 CIVIL ROBERT H. BLACK Defendant ORDER AND NOW, this 'sue day of March, 2012, the appointment of a Board of Arbitrators in the above-captioned case is VACATED. Dawn S. Sunday, Esquire, Chairman, shall be paid the sum of $50.00. BY THE COURT, Kevi .Hess, P. J. 41 L Dawn S. Sunday, Esquire Barry A. Rosen, Esquire- For Capital One Bank v' Court Administrator rlm 3?X?111?_ jv t 03-05-'12 11;29 FROM-GOLDMAN btanlcy u. uoiaman, asq. David B. Warshaw, Esq.°-" Julie M. W, Warshaw, Esq.'-" Jeffrey M. Parrella, Esq. Oerardino DiPopolo, Esq. ° Carl Zapffe, Esq. °" Angela Morisco, Esq. Barry A. Rosen, Esq. .......................... licensed in MA ° licensed in NJ " licenscd in PA "licensed in NY " retired WARSHAW PC 267-373-9781 (.iOLi)MAN & WAKSMAW, P.C. ATTORNEYS AT LAW ® Reply to Pennsylvania Office: 312 W. Broad Street Quakertown, PA 18951 (267) 373-9730 Fax: (267) 373-9781 March 5, 2012 Court Administration of Cumberland County One Courthouse Square Carlisle, PA 17013 Via Fax: 717-240-6462 RE: CAPITAL ONE BANK (USA), N.A. vs. ROBERT H BLACK CUMBERLAND County Docket No.: 10-4974 My File No.: NAN31608 Dear Robbie: T-119 P0001/0001 F-868 419W - .1. vwvP, Goldman, Warshaw & Parcella 10 oakland Ave., suite 2.4 Po Box $97 Warwick, NY 1099p (845)544.1783 Fax: (866)541-9926 NYC OcA. LIC 1211927 New Jersey Office: 34 Maple Ave„ Suite 101 Pino Brook, NJ 07058 (973) 439-0077 1,11 Fax: (973) 439.7204 4 41 I am counsel for plaintiff in the above referenced matter. We had recently filed a Prae6pe for Appointment of Arbitrators, but this was done in error, as there are outstanding Preliminary Objections to Plaintiff's Amended Complaint. Accordingly, pleasse vacate the appointment of arbitrators. I will be filing a Praecipe for Argument with regard to the Preliminary Objections under separate cover shortly.. Thank you for your cooperation.. Very truly yours, Goldman & Warshaw P.C. BARRY OMEN, ESQ. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR LPABLTC G&W/Minnucci cc: peter J. Russo Esq. Law Office of Peter J. Russo 5006 East Trindle Rd Suite 100 Mechanicsburg, PA 17050 ??ilw1 ??r{.' Goldman & Warshaw, P.C. Barry A. Rosen, Esquire PA Identification No: 42951 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff Et D COU" E a ?'E??I?SvLVr??d!{? NAN31608 CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK vs. ROBERT H BLACK COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 10-4974 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel for plaintiff, CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK with regard to the a e captioned matter. Attorney for Plaintiff WITHDRAWAL OF APPEARANCE TO the Prothonotary: Kindly withdraw my appearance as counsel for plaintiff„ CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK with regard to the above captioned matter. Goldman & Warshaw, P.C. BARRY A. R< EN, ESQUIRE