HomeMy WebLinkAbout12-2561Robert N. Polas, Jr., Esquire PA Bar # 201259
Cahie A. Brown, Esquire PA Bar # 94055
Portfolio Recovery Associates, LLC
140 Corporate Blvd. L ` ` F 3 r' ..'r.
Norfolk VA 23502
TELE: 1-866-428-8102 -,
FAX 757-518-0860 Jun:
r1 7y , f !
Attorneys for Plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
PORTFOLIO RECOVERY ASSOCIATES, LLC
140 Corporate Blvd. \
Norfolk, VA 23502 No. 1 ;L - DS W v t
Plaintiff
V.
AMY J MILLER
3900 MOUNTAIN VIEW RD
MECHANICSBURG PA 17050
Defendant
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 withing twenty (20) days after this Complaint and Notice are served, by entering a
written appearance, personally or by an attorney, an 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 of
any money claimed or any other claim or relief requested by the Plaintiff. You may lose money or
property 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 HELP. 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.
Lawyer Referral Service - CUMBERLAND County Bar Association
Court Administrator
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166 s
Pennsylvania Lawyer Referral Service ? 1 ?? 7 5 Q
(800) 692-7375 O
OLD 158475°r
This communication is from a debt collector and is an attempt to collect a debt. 1 lD po (!
Any information obtained will be used for that purpose. '?# a-?Ll
Robert N. Polas, Jr., Esquire PA Bar # 201259
Carrie Brown, Esquire PA Bar # 94055
Portfolio Recovery Associates, LLC
140 Corporate Blvd.
Norfolk, VA 23502
TELE: 1-866-428-8102
FAX: 757-518-0860
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
PORTFOLIO RECOVERY ASSOCIATES, LLC
140 Corporate Blvd.
Norfolk, VA 23502 ;
Plaintiff No.
V.
AMY J MILLER
3900 MOUNTAIN VIEW RD
MECHANICSBURG PA 17050
Defendant
NOTICIA
LISTED HA SIDO DEMANDADO/ A EN LA CORTE. Si usted desea defender conta la demanda puestas
en las siguientes paginas, usted tienen que tomar action dentro veinte (20) dias despues que esta Demanda
y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando
por escrito con la Corte sus defensas o obejciones a las demandas puestas en esate contra usted. usted es
advertido que si falla de hacerlo el caso puede proceder sin usted y un juzgamiento puede ser entrado conta
usted por la Corte sin mas aviso por cualquier dinero reclamdo en la Demanda o por cualquier otro reclamo
o alivio solicitado por Demandante. usted puede perder dinero o propiedad o otros derechos importante para
usted.
USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSGUIDA. SI USTED NO TIENE UN
ABOGADO, VAYA O LAMME POR TELEFONO LA OFICINA FUADA AQUI ABAJO. ESTA OFICINA
PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO.
SI USED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE
INFORMACION ACERCA AGENCIAS. QUE PEUDAN OFRECER SERVICIOS LEGAL A PERSONAS
ELGIBLE AQ UN HONORARIO REDUCIDO O GRATIS.
Lawyer Referral Service - CUMBERLAND County Bar Association
Court Administrator
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
Pennsylvania Lawyer Referral Service
(800) 692-7375
This coinnitmication' is from a debt collector and. is an attempt to collect a debt.
Any information. obtained will be used for that purpose.
Robert N. Polas, Jr., Esquire PA Bar # 201259
Carrie Brown, Esquire PA Bar # 94055
Portfolio Recovery Associates, LLC
140 Corporate Blvd.
Norfolk, VA 23502
TELE: 1-866-428-8102
FAX: 757-518-0860
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
PORTFOLIO RECOVERY ASSOCIATES, LLC
140 Corporate Blvd.
Norfolk, VA 23502
Plaintiff No.
V.
AMY J MILLER
3900 MOUNTAIN VIEW RD
MECHANICSBURG PA 17050
Defendant
COMPLAINT
1. Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with
offices located at 140 Corporate Blvd., Norfolk, VA 23502.
2. Defendant AMY J MILLER, is an adult individual with last known address of 3900 MOUNTAIN
VIEW RD, MECHANICSBURG PA 17050.
3. It is averred that Defendant was indebted to CAPITAL ONE BANK, N.A. on March 9, 2002 with
account number ************3971 (hereafter referred to as "Account"). A copy of the account
history is attached here to and collectively marked as Exhibit "A."
4. By using the Account, Defendant agreed to repay any incurred balances and/or charges made to
the Account pursuant to the terms and conditions governing said Account. Failure to pay
Defendant's incurred charges on the Account is considered a default.
5. At all relevant times material hereto, Defendant has used said Account for the purchase of
products, goods and/or for obtaining services.
1"his comin.unication is from a debt collector and is an. attempt to collect'a debt.
Any information obtained will be used for that purpose:.
16. Defendant was provided with copies of the Statements of Account showing all debits and credits
for transactions on the aforementioned Account to which there was no bonafide objection by
Defendant.
7. Defendant was in default with respect to that debt for failure to make the required payments on the
Account. The last payment made on this Account was on July 25, 2009.
Plaintiff is the purchaser, assignee and/or successor in interest CAPTTAL ONE BANK, N.A. and
Plaintiff is now the holder of the Account. A true and correct copy of the affidavit is attached
hereto and collectively marked as Exhibit "A."
9. As of the date within Complaint, the remaining balance due, owing and unpaid on Defendant's
Account, as a result of Defendant and/or any authorized user's use of said Account is in the sum of
$8,490.33.
10. Despite reasonable and repeated demands for payment. Defendant has refused and continues to
refuse to pay all sums due and owing on the aforementioned Account, all to the damage and
detriment of the Plaintiff.
11. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration.
WHEREFORE, Plaintiff respectfully requests this Honorable court enter Judgment in favor of
Plaintiff and against Defendant, AMY J MILLER, in the amount of $8,490.33, plus costs of this action and
any other relief as the Court deems just and reasonable.
Robert N. Polas Jr., Esquire # 201259
Carrie A. Brown, Esquire # 94055
11-66197
"This coma-mmication is from a debt collector and is are. attempt to collect a debt.
Anv infornnation obtained will be used for that purpose.
VERIFICATION
The undersigned Custodian of Records for Portfolio Recovery Associates, LLC,
Mina Spellman hereby states that he/she is authorized to take this verification on behalf of
said Plaintiff in the within action and verifies that the statements made in the foregoing Complaint are
true and correct to the best of his/her knowledge, information, and belief, based upon information
provided by the Plaintiff.
The undersigned understands that false statements herein are made subject to the penalties of 18
Pa. C.S. Section 4904, relating to unworn falsification to authorities.
Date : MAR 212012 By:, Custodian of Recor s
11-66197
This communication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.
EXHIBIT A
This communication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.
PORTFOLIO RECOVERY ASSOCIATES, LLC
140 Corporate Boulevard
Norfolk, Virginia 23502
Telephone: 1-866-428-8102
Fax: 1-757-518-0860
Statement of Account
Account: ************3971
AMY J MILLER
Account Holder:
AMY J MILLER
3900 MOUNTAIN VIEW RD
MECHANICSBURG PA 17050
Consumer Account
Issuer:
Assignee:
Account Number:
Date Account Opened
Date of Last Payment:
Date of Charge Off:
Balance at Purchase:
Purchase Date:
Balance at Charge-Off.
Less Payments:
Balance Due:
11-66197
CAPH91
Product Code: VISA
CAPITAL ONE BANK, N.A.
Portfolio Recovery Associates, LLC
************3971
March 9, 2002
July 25, 2009
March 10, 2010
$8,696.74
April 19, 2010
$8,490.33
$.00
$8,490.33
This communication is from a collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.
AFFIDAVIT
State of Virginia
City of Norfolk ss.
Itina Spellman
I, the undersigned, , Custodian of Records, for Portfolio Recovery Associates, LLC hereby
depose, affirm and state as follows:
1. I am competent to testify to the matters contained herein.
2. I am an authorized employee of Portfolio Recovery Associates, LLC, ("Account Assignee") which is doing
business at Riverside Commerce Center, 140 Corporate Boulevard, Norfolk, Virginia. I am familiar with the policies and
practices, as well as the books and records of Account Assignee with respect to the matters stated herein. This affidavit
is based upon my personal knowledge of Account Assignee's record keeping system and my review of Account
Assignee's records, including a review of the business records transferred to Account Assignee from CAPITAL ONE
BANK, N.A. ("Account Seller"), which have become a part of and have integrated into Account Assignee's business
records, in the ordinary course of business.
3. According to the business records, which are maintained in the ordinary course of business, the account, and all
proceeds of the account are now owned by the Account Assignee, all of the Account Seller's interest in such account
having been sold, assigned and transferred by the Account Seller on April 19, 2010. Further, the Account Assignee has
been assigned all of the Account Seller's power and authority to do and perform all acts necessary for the settlement,
satisfaction, compromise, collection or adjustment of said account, and the Account Seller has retained no further interest
in said account or the proceeds thereof, for any purpose whatsoever.
4. According to the records transferred to the Account Assignee from Account Seller, and maintained in the
ordinary course of business by the Account Assignee, there was due and payable from AMY J MILLER ("Debtor") to the
Account Seller the sum of $8,490.33 with the respect to account number (************3971), as of March 10, 2010
with there being no known un-credited payments, counterclaims or offsets against the said debt as of the date of the sale.
5. According to the records of said Account Assignee, after all known payments, counterclaims, and/or setoffs
occurring subsequent to the date of sale, Account Assignee claims the sum of $8,490.33 as due and owing as of the date
of this affidavit.
Portfolio covery Asso iates, LLC
By: , Custodian of Records
MAR 212012
and sworn to before me on of , 2012
Jason Vita
Commonwealth of Virginia
Notary Public
KPuc Commission No. 7509710
My Commission Expires 1/3112015
197
1-his communication i.s frorn a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.
0
Exhibit I to
Forward Flow Receivable Sale Agreement dated December 18th, 2009
BILL OF SALE
Closing Date: April 19`x, 2010
Capital One Bank (USA), National Association ("Seiler"), in consideration of a Purchase
Price of .. and other valuable consideration, the receipt of which is hemby
acknowledged, hereby sells, "sirs and tr &M all right, title and interest in the Accounts
identified in the Sale File entitled 20l00413.PS P.SLDFLFl.'TXT (which may be in
electronic form) to Portfolio Rocavery Associates, LLC (`Buyer'), wh it recourse or
representation except as expressly provided hers or on the terms, and subject to the conditions,
set forth in the Agreement (as defined below).
This Bill of Sale is delivered pusuant'to that certain Forward Flow Receivable Sale
Agreement, dated as of Dec-ember 18`h, . 2009, by and between Seller and Myer (the
"Agreement). All capitali;ed terms used, but not defiwd, in this Bill of Sale shall have the
meanings assigned to such terms in the A. ement.
The Cutoff Date for the Sale File was April 13`x', 2010.
CAPITAL ONE BANK (USA),
NATIONAL ASSOCIATION
By:
V -
Name: 1
Tittle: R M
CAP H 51
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
00tv pt
4
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
2012 MAY -4 PM 3= 21
PENNSYLVANIA
Portfolio Recovery Associates, LLC
vs.
Amy J. Miller
Case Number
2012-2561
SHERIFF'S RETURN OF SERVICE
05/01/2012 06:33 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on May 1,
2012 at 1833 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Amy J. Miller, by making known unto Charles Geedy, adult in charge at 3900 Mountain
View Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time
handing to him personally the said true and correct copy of the same.
SHERIFF COST: $38.00
May 02, 2012
RYAN BURGETT, DEP
SO ANSWERS,
RON R ANDERSON, SHERIFF
(C! She! € c roc-ctt r..;.
PORTFOLIO RECOVERY : THE COURT OF COMMON PLEAS
ASSOCIATES, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : NO. 12-2561 Civil Term
r ,
AMY J. MILLER M
Defendant
PRAECIPE TO ENTER APPEARANCE
•
?
rrv
TO THE PROTHONOTARY: --
Please enter the appearance of MidPenn Legal Services on behalf of the Defendant , Amy
J. Miller, in the above captioned matter.
Respectfully submitted,
MIDPENN LEGAL SERVICES
Date: / a-0 , D?'
i
By: -
aura Weeden
CertifNd Legal Intern
Amy akis, Esquire
Jessid'a Holst, Esquire
Supervising Attorneys
MidPenn Legal Services
401 E. Louther Street
Carlisle, PA 17013
(717) 243-9400
PORTFOLIO RECOVERY : THE COURT OF COMMON PLEAS
ASSOCIATES, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : NO. 12-2561 Civil Term
C7
AMY J. MILLER, rn ui
Defendant
r'Q
DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S CO 11, A T LL
Defendant, Amy J. Miller, by and through her counsel MidPenn Legal Services h@mby
files these Preliminary Objections to Plaintiff's Complaint and moves for dismissal as follows:
Portfolio Recovery Associates, LLC, (hereinafter "Plaintiff'), filed a Complaint in
this Honorable Court against Amy J. Miller, (hereinafter "Defendant"), on April 26, 2012,
seeking judgment in excess of eight thousand four hundred ninety dollars and thirty-three cents
($8,490.33).
MOTION TO STRIKE/FAILURE OF PLEADING TO CONFORM TO LAW OR
RULE OF COURT - FAILURE TO ATTACH DOCUMENTS
2. Pa. R.C.P. No. 1019(h) states "[w]hen any claim or defense is based upon an
agreement, the pleading shall state specifically if the agreement is oral or written."
3. Pa. R.C.P. No. 1019(1) states "[w]hen a claim or defense is based upon a writing,
the pleader shall attach a copy of the writing ...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."
4. Plaintiff fails to attach to its Complaint a credit card application or cardholder
agreement bearing Defendant's signature. Such writings would form the very core of Plaintiff's
case, but such writings have not been appended to the Complaint, nor their absence explained
pursuant to Pa. R.C.P. No. 1019(h) and (i).
5. Therefore, Plaintiff has failed to adhere to the requirements of Pa. R.C.P. No.
1019(h) and (i), requiring the filing of these Preliminary Objections pursuant to Pa. R.C.P. No.
1028(a)(2).
WHEREFORE, Defendant Amy J. Miller respectfully requests that this Honorable
Court sustain her Preliminary Objections and dismiss Plaintiff's Complaint with prejudice.
MOTION TO STRIKE/FAILURE OF PLEADING TO CONFORM TO LAW OR
RULE OF COURT - LACK OF ASSIGNMENT/LACK OF CAPACITY TO SUE
6. Pa. R.C.P. No. 2002 requires an action be prosecuted by the real party in interest.
7. Plaintiff alleges that it is owed certain funds pursuant to an account with the
t
original creditor CAPITAL ONE BANK, N.A.
8. Plaintiff fails to attach a valid written assignment or bill of sale from CAPITAL
ONE BANK, N.A. or any other entity to demonstrate a contractual relationship between Plaintiff
and Defendant.
9. Specifically, Plaintiff attached to its Complaint a Bill of Sale which references the
purchase by Plaintiff of a Sale File entitled 20100413.PS40CP.SLDFLEI.TXT, but which fails
to indicate that Defendant's alleged account is included in said file.
10. Without a valid written assignment or bill of sale demonstrating a chain of
custody from the original creditor to Plaintiff, Plaintiff has failed to demonstrate that it is the real
party in interest as required by Pa. R.C.P. No. 2002.
11. Plaintiff has failed to attach a written assignment or bill of sale from the original
creditor to any entity, properly identifying the account alleged to be owed by Defendant. Such
writings would form the very core of Plaintiff's case, but such writings have not been appended
to the Complaint, nor their absence explained, as required by Pa. R.C.P. No. 1019(h) and (i).
R
12. Therefore, Plaintiff has failed to adhere to the requirements of Pa. R.C.P. No.
1019(h) and (i) and Pa. R.C.P. No. 2002, requiring the filing of these Preliminary Objections
pursuant to Pa. R.C.P. No. 1028(a)(2).
WHEREFORE, Defendant Amy J. Miller respectfully requests that this Honorable
Court sustain her'Preliminary Objections and dismiss the Plaintiff's Complaint with prejudice.
MOTION TO STRIKE/INSUFFICIENT SPECIFICTY OF PLEADING
13. Pa. R.C.P. No. 1019(a) requires that the "material facts" on which a cause of
action is based shall be stated in concise and summary form.
14. Pa. R.C.P. No. 1019(f) requires that items of special damage be specifically
stated.
15. TAe Complaint contains alleged claims for money owed but fails to specifically
account for the purported sums outstanding and for the amounts in dispute and payments.
16. Plaintiff alleges in Paragraph Nine (9) that the total amount Defendant owes is
eight thousand four hundred ninety dollars and thirty-three cents ($8,490.33).
17. H6wever, Plaintiff fails to provide documentation by way of attachment
establishing that this is the correct amount.
18. Plaintiff only provides two documents entitled "Statement of Account" and
"Affidavit" (Exhibit A") which allege that the correct balance is eight thousand four hundred
ninety dollars ana thirty-three cents ($8,490.33).
19. Neither the document entitled "Statement of Account" nor the document entitled
"Affidavit" provide a specific breakdown of charges and payments to support the allegation that
the balance due is eight thousand four hundred ninety dollars and thirty-three cents ($8,490.33).
20. Furthermore, Plaintiff has failed to allege services rendered to Defendant which
would entitle Plaintiff to recovery.
21. Plaintiff also failed to provide documentation or accounting of specific charges
allegedly made by Defendant to support Plaintiff's claim of damages.
22. Consequently, Defendant has not been provided with any information which
would be pertinent to Defendant in preparation of her defense.
23. Therefore, Plaintiff has failed to adhere to the requirements of Pa. R.C.P. No.
1019(a) and (f), requiring the filing of these Preliminary Objections pursuant to Pa. R.C.P. No.
1028(a)(2).
WHEREFORE, Defendant Amy J. Miller respectfully requests that this Honorable
Court sustain her.preliminary objections and dismiss Plaintiff's Complaint with prejudice.
Respectfully submitted,
MIDPENN LEGAL SERVICES
Date: S ( 2?-J' ap t -4.
By:
Laura Weeden
Certified Legal Intern
Nicktash, Esquire
Am irakis, Esquire
Jessica Holst, Esquire
Supervising Attorneys
MidPenn Legal Services
401 E. Louther Street
Carlisle, PA 17013
(717) 243-9400
PORTFOLIO RECOVERY : THE COURT OF COMMON PLEAS
ASSOCIATES, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : NO. 12-2561 Civil Term
AMY J. MILLER,
Defendant
CERTIFICATE OF SERVICE
I, Laura Weeden, hereby certify that I am serving a true and correct copy of Praecipe to
Enter Appearance and Defendant's Preliminary Objections To Plaintiff's Complaint on the
following person, counsel for Plaintiff, by depositing a copy of the same in the United States
mail, postage prepaid, on May 23, 2012.
Robert N. Polas, Esquire
Portfolio Recovery Associates, LLC
140 Corporate Blvd.
Norfolk, VA 23502
Respectfully submitted,
MIDPENN LEGAL SERVICES
Date:
?????
By:
Laura Weeden
Certjfc?d Legal Intern
7
Nick M *?h, Esquire
Amy JfliyAkis, Esquire
Jessi olst, Esquire
Supervising Attorneys
MidPenn Legal Services
401 E. Louther Street
Carlisle, PA 17013
(717) 243-9400
Carrie A. Brown, Esquire PA Bar #:94055
Robert N. Polas, Jr, Esquire PA Bar #: 201259
Portfolio Recovery Associates, LLC
140 Corporate Blvd.
Norfolk, VA 23502
TELE: 1-868-428-4102
FAX: 757-518-0860
Attorneys for Plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
PORTFOLIO RECOVERY ASSOCIATES, LLC
140 Corporate Blvd .
Norfolk, VA 23502
Plaintiff No. 12-2561
v. .
AMY J. MILLER
Defendant
PLAINTIFF'S RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS TO
COMPLAINT
AND NOW, TO WIT, this ~ day of , 2012, comes the
Plaintiff, Portfolio Recovery Associates, LLC, by and through its attorneys, and files
following Response to Preliminary Objections as a statement herein:
1. Denied. Plaintiff s Complaint is a writing which speaks for itself and
attempt by Defendant to characterize same is strictly denied.
2. The allegations contained in Paragraph 2 of Defendant's Preliminary
Objections are conclusions of law to which no response is required. To the extent that
response is necessary, same is denied and strict proof is demanded at Trial. By way of
further response, Defendant has been provided with all pertinent information regarding
his account via Exhibit "A". Plaintiff's Complaint is a written document which speak:
for itself.
3. The allegations contained in Paragraph 3 of Defendant's Preliminary
Objections are conclusions of law to which no response is required. To the extent that
response is necessary, same is denied and strict proof is demanded at Trial. By way of
further response, Defendant has been provided with all pertinent information regazding
his account via Exhibit "A". Plaintiff s Complaint is a written document which
for itself.
4. The allegations contained in Pazagraph 4 of Defendant's Preliminary
Objections are conclusions of law to which no response is required. To the extent that
response is necessary, same is denied and strict proof is demanded at Trial. By way of
further response, Defendant has been provided with all pertinent information regazding
his account via Exhibit "A". Plaintiff s Complaint is a written document which
for itself.
The allegations contained in Pazagraph 5 of Defendant's Preliminary
Objections aze conclusions of law to which no response is required. To the extent that
response is necessary, same is denied and strict proof is demanded at Trial. By way of
further response, Defendant has been provided with all pertinent information regazding
his account via Exhibit "A". Plaintiff's Complaint is a written document which
for itself.
6. The allegations contained in Paragraph 6 of Defendant's Preliminary
Objections are conclusions of law to which no response is required. To the extent that
response is necessary, same is denied and strict proof is demanded at Trial. By way of
further response, Defendant has been provided with all pertinent information regazding
his account via Exhibit "A". Plaintiff s Complaint is a written document which
for itself.
7. The allegations contained in Paragraph 7 of Defendant's Preliminary
Objections aze conclusions of law to which no response is required. To the extent that
response is necessary, same is denied and strict proof is demanded at Trial. By way of
further response, Defendant has been provided with all pertinent information regarding
his account via Exhibit "A". Plaintiff's Complaint is a written document which
for itself.
8. The allegations contained in Paragraph 8 of Defendant's Preliminary
Objections are conclusions of law to which no response is required. To the extent that
response is necessary, same is denied and strict proof is demanded at Trial. By way of
further response, Defendant has been provided with all pertinent information regarding
his account via Exhibit "A". Plaintiff s Complaint is a written document which speak
for itself.
9. The allegations contained in Paragraph 9 of Defendant's Preliminary
Objections are conclusions of law to which no response is required. To the extent that
response is necessary, same is denied and strict proof is demanded at Trial. By way of
further response, Defendant has been provided with all pertinent information regarding
his account via Exhibit "A". Plaintiff's Complaint is a written document which speak.
for itself.
10. The allegations contained in Paragraph 10 of Defendant's Preliminary
Objections are conclusions of law to which no response is required. To the extent that
response is necessary, same is denied and strict proof is demanded at Trial. By way of
further response, Defendant has been provided with all pertinent information regarding
his account via Exhibit "A". Plaintiff s Complaint is a written document which speak;
for itself.
11. The allegations contained in Paragraph 11 of Defendant's Preliminary
Objections are conclusions of law to which no response is required. To the extent that
response is necessary, same is denied and strict proof is demanded at Trial. By way of
further response, Defendant has been provided with all pertinent information regarding 'I
his account via Exhibit "A". Plaintiff's Complaint is a written document which
for itself.
12. The allegations contained in Paragraph 12 of Defendant's Preliminary
Objections are conclusions of law to which no response is required. To the extent that
response is necessary, same is denied and strict proof is demanded at Trial. By way of
further response, Defendant has been provided with all pertinent information regarding
his account via Exhibit "A". Plaintiff's Complaint is a written document which
for itself.
13. The allegations contained in Paragraph 13 of Defendant's Preliminary
Objections are conclusions of law to which no response is required. To the extent that
response is necessary, same is denied and strict proof is demanded at Trial. By way of
further response, Defendant has been provided with all pertinent information regarding
his account via Exhibit "A". Plaintiff s Complaint is a written document which
for itself.
14. The allegations contained in Paragraph 14 of Defendant's Preliminary
Objections are conclusions of law to which no response is required. To the extent that
response is necessary, same is denied and strict proof is demanded at Trial. By way of
further response, Defendant has been provided with all pertinent information regarding
his account via Exhibit "A". Plaintiff s Complaint is a written document which speak;
for itself.
15. The allegations contained in Paragraph 15 of Defendant's Preliminary
Objections are conclusions of law to which no response is required. To the extent that
response is necessary, same is denied and strict proof is demanded at Trial. By way of
further response, Defendant has been provided with all pertinent information regarding
his account via Exhibit "A". Plaintiff s Complaint is a written document which speak
for itself.
16. Plaintiff s Complaint is a written document which speaks for itself and
any attempt by Defendant to characterize same is strictly denied.
17. The allegations contained in Paragraph 17 of Defendant's Preliminary
Objections are conclusions of law to which no response is required. To the extent that
response is necessary, same is denied and strict proof is demanded at Trial. By way of
further response, Defendant has been provided with all pertinent information regarding
his account via Exhibit "A". Plaintiff s Complaint is a written document which speak:
for itself.
18. The allegations contained in Paragraph 18 of Defendant's Preliminary
Objections are conclusions of law to which no response is required. To the extent that
response is necessary, same is denied and strict proof is demanded at Trial. By way of
further response, Defendant has been provided with all pertinent information regarding
his account via Exhibit "A". Plaintiff s Complaint is a written document which speak:
for itself.
19. The allegations contained in Paragraph 19 of Defendant's Preliminary
Objections are conclusions of law to which no response is required. To the extent that z
response is necessary, same is denied and strict proof is demanded at Trial. By way of
further response, Defendant has been provided with all pertinent information regarding
his account via Exhibit "A". Plaintiff s Complaint is a written document which speak:
for itself.
_ ~ _ __ _
20. The allegations contained in Paragraph 20 of Defendant's Preliminary
Objections are conclusions of law to which no response is required. To the extent that
response is necessary, same is denied and strict proof is demanded at Trial. By way of
further response, Defendant has been provided with all pertinent information regarding
his account via Exhibit "A". Plaintiff s Complaint is a written document which speak
for itself.
21. The allegations contained in Paragraph 21 of Defendant's Preliminary
Objections are conclusions of law to which no response is required. To the extent that
response is necessary, same is denied and strict proof is demanded at Trial. By way of
further response, Defendant has been provided with all pertinent information regarding
his account via Exhibit "A". Plaintiff's Complaint is a written document which speak
for itself.
22. The allegations contained in Paragraph 22 of Defendant's Preliminary
Objections are conclusions of law to which no response is required. To the extent that
response is necessary, same is denied and strict proof is demanded at Trial. By way of
further response, Defendant has been provided with all pertinent information regarding
his account via Exhibit "A". Plaintiff s Complaint is a written document which speak
for itself.
23. The allegations contained in Paragraph 23 of Defendant's Preliminary ~
Objections are conclusions of law to which no response is required. To the extent that
response is necessary, same is denied and strict proof is demanded at Trial. By way of
further response, Defendant has been provided with all pertinent information regarding
his account via Exhibit "A". Plaintiff s Complaint is a written document which
for itself.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss
Defendant's Preliminary Objections with prejudice, and deny the relief requested
Respectfully submitted,
Carne A. Brown, Esquire #94055
Robert N. Polas Jr., Esquire #201259
Attorneys for Plaintiff
VERIFICATION
The undersigned hereby states that he/she is the attorney for the Plaintiff, Portfolio
Recovery Associates, LLC, who is located outside of this jurisdiction and in order to file the
within document in an expedient and timely manner, he/she is authorized to take this veri
on behalf of said Plaintiff in the within action and verifies that the statements made in the
foregoing Response to Preliminary Objections are true and correct to the best of his/her
knowledge, information, and belief, based upon information provided by the Plaintiff.
The undersigned understands that false statements herein are made subject to the
penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
Date: ~ ~ ~~`
By: `~
Came .Brown, Esquire #94055
Robert N. Polas Jr., Esquire #201259
Carrie A. Brown, Esquire PA Bar #:94055
Robert N. Polas, Jr, Esquire PA Bar #: 201259
Portfolio Recovery Associates, LLC
140 Corporate Blvd.
Norfolk, VA 23502
TELE: 1-866-428-4102
FAX: 757-518-0860
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
PORTFOLIO RECOVERY ASSOCIATES, LLC
140 Corporate Blvd
Norfolk, VA 23502
Plaintiff No. 12-2561
v.
AMY J. MILLER .
Defendant
CERTIFICATE OF SERVICE
The undersigned does hereby certify that a copy of the foregoing Response to
Preliminary Objections was served upon the Counsel for Defendant, by First Class Mail,
Postage Pre-Paid, a copy thereof on this ~~ day of , 2012, to:
Nick Matash, Esquire
MidPenn Legal Services
401 E Louther
Carlisle, PA 17013
Respectfully Submitted,
By:
Carne A. Brown, Esquire #94055
Robert N. Polas Jr., Esquire #201259
500343
G~_
Your account works differently now
that you're 7 payments late.
Please see the next page for important account information.
j Page 1 of 2 1-800.258-9319 i 1
I
www.capitalone.com/solutions Feb 10 Mar. 09, 2010 28 Days m Bilhrrg Cycle ~ ,
~ ~ i
i ____.-__-__._."_.__".__"._._...."__"._........._".."
I
I
IMPORTANT ACCOUNT UPOAFFS !
f
i YISA PLATINUM 971 You full balance rs due. An
y payment you make will reduce your balance and help pay off
NEW BALANCE PAYMENT DUE DUE DATE ~ ~ ebt[aster. the amount you owe maydiffer if yovve entered into a separate payment ~
I
I (8,490.33 $11.00 PAST DUE I
' i Available Credit: 50,00
I~
I
I ~
i
Previous Balance
Payments and Credits
Fees and Interest I
Charged Transactions New Balance ~
i
1 (- -----1
50
00 ~ -- -
~ 4265 b9 --- l ~ 1 i
~ SO 00 I = ~ 48 490
33
~
i i $8,224.64
- .
~
1 t
~ .
}
1
l
---- ---- -----._ I
--.__
TRANSACTIONS ~
PAYMENTS, CREOIIS tt ADJUSTMENTS FOR AMY1 MILLER #3971
i III
FEES
1 06 MAR PAST DUE FEE 539.00
2 09 MAR CAPITALONE MEMBER FEE 539.00
Total Fees This Period 578.00 I
Total Fees Thy Year 5195.00 i
INTEREST CHARGED
INTEREST CHARGE:PURCHASES 5187.61
INTEREST CHARGE:CASH 50.08 I
TotallnterestThisPeriod 5187.fi9 i
Total Ir4erest This Year 4514.92
Yau were assessed a past due fee because your minimum payment was not I
' received by the due date. To avid this fee in the future, we recommend that you I
allow at least 7 business days for your minimum payment to reach Capital One.
I` -------------"----------- %
Help is Available.
lust pick up the phone.
Call t-800.25&9319 and a specially trained agent will
be happy to help you check your balarxe and make payments.
INTEREST CHARGE tALCULATION
Your Annual Percentage Rate (APR) iz the annual irrterest rate on your account,
Type of ealerke Annual ParoarAage Balance SubjeR to Interest Charge
Rate (APR) Irrterett Rate
Purchases 29.40%D I S&318.28 $187.61
Cash 29.40% D ( 53.39 40.08
PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO VNNW.CAPITALONE.CONySOLUTIONS TO MAKE YOUR PAYMENT ONLINE.
977
t<aypi.
Account Numbee 971
Oue Date l ( New Balance (Amount Endosed
Past Due---- I I -" (8,490.33 -- t -----.
Manage your
account online.
Visit www.capitalone.com/salutions to manage
your account online. Have infomlation at your
fingertips 24/7 without picking up the phone.
AMY J MILLER
PO BOX 303
HALIFAX, PA 17032-0303
Ilhlhlllllhhlirhlihrlllll~llr'nhll,nthllll'rr'h111411
Capital Ona Bank (USA), N~A~
P•0• Box 71083
Charlotte, NC 28272-1083
Illllllrlllrrlllllrll'Illllllrrllllll"Ilrl'Illrllr'illlllllrllll
Please make checks payable to Capital One Bank (USA), N.A, and mail with this coupon in the enclosed envelope.
stow fan I avoid paying Intanst Charaes7 Ea[h month you pay your "New Balance' in fuN,
you will have a minimum grace period of 25 days with no interest cMrge on all newt )
purcMses, 2) balance tranrters, 3) spe<kl purchases and 4) other charges. d you hive been
paying your account in full with no interen charges applied and you do not DaY YOUr next bill
in full, prorated interest charges writ be assessed. There b no grace period on cash advances,
special transfer, or on arty new transaction when there is an unpaid balance from a prwious
bill.
fbw is tM Intoner Charw appfiad7 Interest charges accrue Irom iM t) date of the
transaction, 2) date iM transadbn is procesed or 3) first cakndarday d the billing period.
Interest charges accrue on Nery unpaid amount until itn paid in full. This means you may owe
interest charge wen N you pry iM entire •New Balance' one month, bur dM not do so for the
previous month. Unpad interen charges are added to the proper ngment of your Account.
Howwer, we reserve the right to riot assess Interest charges at arty time.
Do you MSKS a Minimum Interest Chua87 Yea. A minimum INTEREST CHARGE of 50 50 well
be assessed for each bAkng oerbd your account Is subJed to an interest charge.
How did you Calculate the Interest CMrgaT There are sweral calcuktions that are used to
determine your total enterers charge. 1. To get your W fly Balance: For each segment, i) rake
the beginning baknca and add in new iransactioM and the periodic interest charge an the
prwious day's baknce. 2) Subtract arty peymenn and credRS for that segment as o1 that day.
The rewh a tM daily balance for each segment. However, d you paid your prwious month's
baance in full (or A your balance was zero ova credit amount), new transactions which post to
yow Durchasa or special purchase segments era rat added to the daily balances. Also,
transactions that are wbJe<t to a grace period are not added to tM daAy balances. 2. To find
your Average daily Balance: 1) add the daily bakncei together and 2) divide tM sum by the
number of days in tM billing cycle. 3. Estimate your Total mterest Charge: t) multiply your
average daffy Wtance by the Miy parodic me and 2) multiply the rewh by the number of days
in tM billing perod. HoTE-. Due to rounding or a minimum interest cMrge, this calculation may
varytrom the interest charge aclwAy assessed.
Is the -Payment Ow- a Pavolf AmouMt No. All stated amounts are owed on the date of the
statement. However, because iMarert, INe charges and other charges might changefrom day
to dory as provided in your cunomeragreement, the amoum due on iM day you pay mry be
larger. for example, 8 you Day the amount staled ks tMs statement, your account might still
have a bakssce after your payment k received. Also note that tM amount you owe may drffer rf
you've entered into a separate payment arrangement. Please call tM number on tM front d
the statement for an exact payoff amount.
How can rq varabla Annual Parcantaaa Rata (ANq change? Your APR may increase or
decrease based on one d swen standard indkes reported ks The Wali Street Journal. To tint
which index is used for your account, look for a code (P, t, c, 5, D or P) on the front of tMs
sntement rseM to tM APR(:). then check the nbk blow:
Cods next b Your
Anrwsl Pertseat0a
Rats (APR)
Index aNdch your retes aro based txs When yourMnuaF
Peresnhgs Rats
will oharsga
P Ouarteb Pdmsemargin prevbusydiwbaedbyou TM Rrstdry diha
L glraRSrly LIEIOR • maryln plevbuary diacbasd b you bilirg periods that
C Ouattarh CD a rnugin PrNbualY tAsGossd b you and in January. April.
S Bankpud Rims • rtwrgln pnvlousy diacbsae b you July and OUOber.
D MorlMly Mtrta a margin provlouty tlkelpaatl b )W 71N Mat day d each
F Morxhy LIBOR .margin Dlevbusy disdosetl b you morlttlty Glkng
G Trasuly LIBOR ~ margin Praiousy dadoasd b You Period.
Ara then l9~l2t associated with rry account? Yes, under chain circumnarlces,
you may 6e anesed a Late or RNUmed Payment Pee. Yau may also be assesed overlimit tees if
you hive chosen to accept them. You will aKO tee required to pay all of our xtwl collection
expanses, attorneys' fees and court cons unless the kw does not agow us to collect thee
anwunts. We reserve IM rght to not assess fees witMul prior notce and without waiving our
right to assess a sxnilar tee later.
What happens if my AcrnuM is Suaoeedsdt We mry cbce or wspend your account and
your right to obtain credit n arty thna and for any mason, wen d you an not in default.
Account suspemion un be permanent or temporary. II your account h closed or wsDended
you must 1) stop using your credit cant and account, Z) cancN ap automatk payments, 3)
destroy aIi credit cards and access checks, and 4) pay NI amounts 7rou owe us, even if they wen
charged after the account vns closed or wsperded.
Haw do I Make Paymems7 Payments you mail us will be credned to your account as of the
business day we receive them, as Long as: 1) you send the bottom portion a1 Ihis statement and
your check in the enclosed remittance ernebpe, and 2) your payment u received in Capital
one's proceninq centers by Spm beat time. Hears allow at least swen (7) business days for
mail delivery. Mailed Payments received by Capital One at any other location or in eery other
form may not M crcdind as o1 the day they are received.
Do you Process Paper [hacks as an Elxtroni< Funda tra~rsfari when you provide a check as
payment, you amhome ua and our agents eitMr to use Mtormation from your check to make a
onetime elec[ronk fuM transfer from your deposit account or to Process the payment as a
check transaction. When we uu iMormation from your check to make an electronk fund
narlsfer, funds may Mwithdrawnlrom your deposit account as soon as the same day we
receive your payment and you will not re[eWe your check back from your financial institution.
Your authorization K not limited by the date on the check. we may resubmit and electronkaly
collect the returned payments.
What'd I file }or Bankruottv7 8 you are entitled to bankruptcy protection, this
communkation is for information only, it a not an attempt to collect, assessor recover a debt
or claim. Oo not send us paymenb without speaking with your bankruptcy attornH or the
Bankruptcy Court. d you have questions about your account or bankruptcy proceeding, please
have your attorney contact us. It you or your attorney would like to contact our bankruptq
claims sewicer directy, please contact: Capital One ~ R7 Box 85167 ~ Richmond, VA 2 32 85-51 67
RILIING PoGHTS SUMMARY (OOes Not Apply to Small Business Accounts)
Whrt To Do If You Think You find A Mistake On Your Statement: d you think there is an
error on your statement, write to us at
Capital One
P.O. Box 30285
Salt lake City, uT 64 1 30-02 85
In your letter, give us the following information:
Account information: Your name and account numMr.
DoAar amount: The dolkr amount of IM suspected error.
Deuription d Problem. If you think there is an error on your bill, describe what you beliwe is
wrong and why you beliwa it is a mistalu. You must contact us within fso days after the error
appeared on your statement. you must notfij us of ant potential mrors in writing. Yau may
call us or noti}y us by wehsite, but rl you do we are not required to irnestigate arty potential
errors and you may have to pay the amount in question. W Mle we investigate wherher or not
there has been an error, the folbwtnq are trw:
We cannot Iry to collect tM amount in question, or report you as delinquent on That amount.
YOU do not need to pay any disputed amounts and related interest charges or fees untR we
send you a notice about the outcome of our imectigaMn.
the cMrge in quenion may remain on your statameM, and we may continue to charge you
interest on that amount. But, rf we determine that we made a mistake, you will not have to pay
the amount in gwslbn or any interest or other fees reared to that amount.
While you do not have to pry the amount in quenion, you are responsible for the remainder
d your balance.
Your frights M You M Dissatisfied Wirir Your Cradri Card Purchases 8 you are diuatirtied
with Iha goods w wrvkes that you have purcMsed with ypur credit card, and you have tried m
good faith to correct the problem with the merchant, you mry Mve the right not to pay tM
nmeMinq amount due on the purchase. ro we fhb right, NI of the tollovdnq mun be trw~. 1.
The purcMse mun Mve been made in your home slate or within 1 W miles of your current
mailing address, and tM purchase price must have been more than 550. (Nola: Neither of these
are necessary d your purchase was based on an advenhement m mailed to you, or d we own
tM company that sold you the goods or sarvkes.) 2. You must have used yow cndh card for
the Durchne. Purcluses maM with cash advancer from an ATM orwith a check the accessn
your cndh card account do not qualAy. 3. You must not yet hwefu8y paid for tM purchase. It
ap of the criteria above arc met and you are Hill dissatisfied with the purchase, contact us in
wMin9 err
Gpiul ono
P.O. Box 30285
Sall lake City, UT 84130-0285
While we {rnestigate, tM same rules appy to tM disputed amount as discussed above. Attar
we linhh our kvrertgatbn, we wiN teA you our dechlon. At that Doint, d we think you owe an
amount ant you do rat Dry vve may report you ai dNirpuenl.
Capital one supports kdormation DrNacy prolectbn: see ourwebsite at www.caphalone.com
Capital One is a faderaAy regbtered sarvka mark of Capital one Hnan<kl Corporation. AA rights
reserved &I 2010 Capital one
TC-10
o1~3ong
To change or update your address please call 1-800-258-9319 or visit www.capitabne,com/solutioms
zoom
Naw that your account is 7 payments past due,
the changes detailed below will apply to your account.
Hopefully, these will make it easier for you to take control of your finances again.
C~yaiit~ -
Your balance is still due and we'll contact you soon (directly or through a collection agency) to discuss
options for resolving your debt. You are responsible for paying the full balance on your account as
well as any associated collections expenses, attorney fees and courc costs unless the law does nat allow us
to collect these amounts, as provided in your customer agreement.
If we continue to send you statements, you'll now receive them quarterly instead of monthly. We may
continue to report the status of your account to the credft bureaus, unless prohibited by law. We may also
report when your account is paid off.
Help is available. We understand that it can be challenging to manage your finances. Here are three
important facts about your account that may help make it easier for you to repay your balance:
1) No more compound interest: This means that future interest charges will never accrue interest-
making it easier to pay down your debt faster.
2) Highest interest balances are paid first: Your payments will go toward the balance with the
highest interest rate first-automatically saving you money whenever you make a payment.
3) Regular payments will resolve your debt: Since your highest interest balances get paid first and
your interest doesn't compound, making regular payments will get your balance paid.
Call 1-800-258-9319 to discuss your options. And remember, you can check your balance and
make payments online any time at www.capitalone.com/solutions.
Help is available. Just pick up the phone.
Call t-800-258-9319 and a specially trained agent will be happy to help
you check your balance, make a payment and answer any questions you may have.
® 20l0 Capital Ont. Gtprtal One it a fedoaUy regirured rcrurce mar~F. AU ~igbtr rererned
Need a home loan? A car loan? A savings account? A personal loan? Financing for
braces or glasses? Capital One can handle it all. Hassle free!
Visit capitalone.com for a complete list of products and services and to manage your
account online.
uwi ~oxra
F~
LENDER
what's in your wallet?
FINANCE
Previous Balance Payments r# Credits C~pE Transactions New Balance Mlnimtnn Payment _ Due Data
$6,885.24 ~-` $210.00 l +~ $34.00 ~#~ $285.46 J=~ $6,994.70 J~ $107.00 ~ (Apr. 28, 2009
Mar. 01, 2009 -Mar. 28, 2009 Page 1 of 1 `'''
- -~ ~ gnu Po~.r,r:<, ,ww,,Nr„,Nr
Visa Platinum Account
n
Your Account Informatan
TOTAL CREDIT LINE 57,500.00
TOTAL AVAILABLE CREDIT $505.30
CREDIT LINE FOR CASH 57,500.00
AVAILABLE CREDIT FOR CASH 5505.30
(tIn8I1Ce Chal'ge! (Please see reverse far enpodant informalwn)
Baianca rate Periodic Corresponding FINANCE
applied to rate APR CHARGE
Purchases $6.90597 0.01756% l 6.41% $33.96
j Cash $2.91 0.04521% L 16.50% $0.04
ANNIUI PERCENTAGE RATE applied 1hN period: 5.919:
® At Your Service • Go to vnro.cadteMe.can to manage your aoounl,
`~~' a Ce1:1900-903-3637 to report a bst or sblen card or speak b Customer
f7eleions
Pay Onllna al twn.ceotabrre.oom a malyour papnent M~
Capdel One Bank (USA). N.A. • P.O. Bo: 60599.Oy al industry. CA
917160599
A Send Inqulrks to:
Cepild Orre• P.O. Bar 30285 • Sal LekE Oy. Ur 8/13U@85
® Have a quaWon about a charge on yow statemanl9
Please rekr to the Billing Rights Summery on fhe back of your
stabm ent ar visit wryw.caoiFalone.com/disoutes
Pavmenta. CredNs dr AtNustments
1 16 MAR PAYMENT $210.00-
Transactions
2 10 MAR BLOCKBUSTER VIDEO A06346 LA MESA CA $3222
3 10 MAR LONGS DRUG STORES iA19 LA MESA CA 551.61
4 21 MAR SMOG OR TUNE LEMON GROVE CA 5146.74
5 21 MAR ANTh]UE ROW CAFE OF LE LEMON GROVE CA 515.89
6 28 MAR CAPITAL ONE MEMBER FEE 539 00
PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONE.COM TO MAI(E YOUR PAYMEM ONLINE.
`~~~ Account Number. ~~~~122
Due Date New Balance Minimum P7lffii50PffFnclosed
CApr.28,2009 ~ $6,994.70 $107.00-~~~~~. ~~
PLEASE PAY AT LEAST
THIS AMOUNT
#9008835538228463#
AMY J MILLER
PO BOX 4203
LA MESA, CA 91944-4203
~Pllmllllll„rlllrrllillll.Ilulrl,lrpl,n..lul.lnll,rllul
122 ~~~
Lend a hand. Save the land.
Manage your account online today-
it's fast, easy and secure.
® Pay online anytime-no more chMks, stamps or clutter.
® Moving? Change your address online or on the back.
® Help save the planet--Go paperless.
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Capital One Bank (USA). N~A.
P~O~ Box 60599
City of Intlustry, CA 91716-0599
r~Ihrlllhidlhril~ulllrnnirl~ll~~illnP4rh,irlhllill
Please make checks payable to Capital One Bank (USA), N.A. and mail with this coupon in the enckrsed envelope.
Capital One® does credit cards-and then some!
A quirk glance at what Capital One can do for you.
Home Loans
Refinance your existing mortgage or purchase a new home.
Auto Loans
Buy a new or used car, or refinance the one you already have.
Banking
Free online Savings accounts with one of the best money market rates in the nation.
Personal Loans
Consolidate your bills, buy what you need or have extra cash on hand,
Healthcare Finance
Braces, laser eye surgery, and more-we can bring medical costs into focus!
Visit capitalone.com to learn mare!
Products and services oifered by the Capital One family of companies, including Capital One Bank (USA), NA. and Capital One, N.A., members FDIC.
Capinl One is an [qwl f lousing lender as 2gtl8 Grprra! Onr. C:cpim! Ou n a, frdrm!!y n{iarxd uruirc m.<rk. r~ righrr rrrrvsvd
nU5
zd
1. How to Avant • Finance CMrge.
a Grave Poriad, You wUl Mve a minimum grace perod of
26 data wMhcul ananure chage on new WrcM«es. new
balance Crane/as. new apeclal pwchasef end new
dha cMrg« N You Day Your bNl "New Betanw". In
eccordencs wlNt the 1mpoAaM Ndlw tar paYmar+s
bebw, and b Wrw ra h b be aedaetl by yea payrtraa
due dde. mae b iro gr«e palod an c«n edvarrc«
erM spedal MrwNa. In adtllaon. there la no grew
pabd on ery tranaectlon N you do nil pay the tdd
"New BeNnce."
b. Accruing FlMrrw Charge. Tranaadbns which are nil
aub)ed to a grew pabd are eas«aed Nnencs merge 1)
(ran Me dde d the tremadion a 2) from Me dde 1M
trensaclbn b prccesse0 N Your Account a 3) iron the
Ural wlarda tlay d Ms wmnt DNKng period. AtltlNlonally.
N You dirt nil Pay IM "New Balanw"from the prevlaus
bilNng PeMd b NN. flnanw cMrgsa caAmue b aceme b
your unpad DaMnw umN IM unpaid bdarca K paid in
1uN. TNa rmunslhd You may atftl oweflnaroa chag«.
even N You Pal' IM eMNS New Balance IrMkaNtl on tM
Hod d Your ddement DY tM payment due daN. but d!d
nil do so rot Me prevbw nroMn. Unpeltl fimnce caarges
ere added b IM applfcaDN segment d Yow Account
c. 1sMUYMrm Fgwwa CMrge. For each Df4Nn9 patod the
bill F~NANCE CNARGft d 30 60 wNl Ibegmpned~um
tl. T~rryorery Redrailorr In Fberrw Cnaljges. Ws reserve
Ms AgDt to trot «u« any a al flnanw cMrg« fa any
gWen bNMng pabd.
2. Armage DsNy BaNrwa pndudlrg New puruiraeea).
Flnarms chags b crabWabd Dry multlplying Ms dally
aaNnw of «cn fegrrwM d Your account (s.g.. cash
advance. pwcn«s. apedal Iramfar, and specld Purotwe]
by IM oar«pmdng dilly periodk Me(s]It1d has bean
M bNNng DaioO, ne appy tM dairy pdiotlfe raaabtl«cn
segmaA d yW r aorwwN b Iha OaNr Oalanw of «ch
aegmaA. Then d Me end of tM dNing pabd, we add up
tM r«Wlf d M«e dMy wlculdtms b amve d yow
PeMdto Nmnw chage for each segment. We add up 1M
r«uNS from «ch seprtwnt b amve d Ma bbl periogk
rmarroe caergs br your account. To gd Me dilly Dalanw fo
each segment d your account. we NKS IM pegbMng
luNnw la eaph ae9menl Ntl add any new kamectbrw
and nY periodb flMnw chage cakuNtetl on tM prevbua
daYb belanp nor ten/ segmed. We IMn subtract any
peymenta or aedks paNd «of tntl day Md era Mowletl
to toil segrrwm TMa 91rsa ua Ms «pards tlMY wlancs b
earn aegrrant d Yow account. However. N You P•b tea
Nsw BaNnw fMwn mYdrr prevloua steNrtwd In bll (w N
your tier baMnce awl zero a a crMa artrounl}. new
tnmaetlom. wnbn Pod b Your porch«e a specid
puRhefe spmaas era not added to tM daily Dalanc«. W
cekuMN IM average airy twknoa by adding dl Ma 4dly
EeNnga togeMa and dvMKg tM sum by Me numbs d
Me days In 1M cueaM bMng cyds. To dracWde Your Idd
Umnce drags, rrarIYD1Y yow avsrpe tlaNy betancs by tM
dahy pariodk ids ant try tM mmDSr d tlaya 1n Ms dNing
period. Due b tounCln9 on ^ defy basis a due to minimum
/Imnce charge «sa«rrwrrt. Mae may M a vavNrroe
tMwaan IhM wka+Mbn end Ms amount of Itmnw charge
aduaNY «a«sed.
3. Mnuel PerwMege Rdea (APR).
a. TaeNrtn'Annual Pan:eMage Rate" may appear as "APR"
on the iraA of Chia ddanent.
b. 11tH code P (OUanetly PAme). L (OUaAedy LIBOR). C
(OUaAeAy CD], or 3 (BanKwrtl Prune) app«ra on Ms hoM
d Mia sleMmaA next to tM peAOdic raN(a). the pertotlb
raNa and coo«paWir9 ANNUAL PERCENTAGE RATES
maY vary quaneAY aril may sror«ae or decre«e D«ed
on tae sided indiws. «/ourM n 7M Well Shed Journal,
pus 1M margin prwibwly dixlosed to You. Tn«e
cnang« will be dNdWe on tM first day d Your tMling
peAOtl covaetl by tour pabdic staNmaA aiding in tM
montna d January. Apnt, Juy end October.
c. N Me coda D (Montlty Prime]. F (MOntny LIBOR), or G
(Tie«ury LIBOR] app«o on Ma ban d your dalartwnt
neat b the peAOtlic ide(a). Ms peAOtlb rM« end
con«ponding ANNUAL PERCENTAGE RATES tmy vary
monMly and may inae«e d tlectmea Dretl an IM atdeo
intliwa. as found M The Wap Strad Journal. pbf tM
margin previously disclwetl to you. Th«e cltang« will De
elfeclive an the brat day oT Your Dillin9 Anted each month.
4. Paso«meM d late, OwrNmN ant ReNrned Payment
F,rea. Under the forma d your cwtoma agrsemsM. ws
resarvs+ne right b waive or rot b ass«s airy rasa wAhout
poor ndNiceNon b You wNnoW waiving our right b ass«s
the same a airrUla fa« d s Idsf dens.
6. IgmbereldP Faa and Renewag Yaur AcmuM. its
manDarehip f« app«ra on Mu aNNmeM. as wiN cretlq tM
tae a you equed b doe rout account wNtrel 30 days d+M
maiang d lha aldanent. Vou may cadirvas b use 1M
account durNg tM 3B Oay Dertod odors your equed. N rya
do not pay M cMtg« owed on Mier sccauM wan ut gQ days.
w N You use Yaur aedA vent a account abet gau rsa+«11o
do«. any memDaeMp fee previauslY waived may M
rdnddetl to your account.
8. Cbdng of Swpandatg Your Aceaunl. You may request
the Ywr account be cloeatl by wlarrg a wvifag au
Cuabma Rdatbm OrepaAmsd. At 1hs time d your requ«t.
we will provide you wdh addilicnN ddaib on dosing yow
acwunt. This may inclrWe payrmm iMOmwtron. It You use
yow credo wrtl or cherg« pool to yow ucowl efts yw «k
w to cbae yow account. ws wn Map Yow account open or
r reopen N. We rosy ciwe a awpentl yow accowrl aid your
AgM to dNakt cretld. We may tlo Chia d any time erW to any
r«son. awn N you ere nil in detaua. A auspania~ d Your
accoud wn M pemwned a tanporay. N yow account is
dosed a awpendW. You mud stop wing Your aedN wrd
and awaM.Vou mwt abo cared M pr«uttaAZetl bifltrg
r ertangamnta b tna aucwnt. Ws wrU nc1 tlollua for You. N
we dose m parmnedy ewpend yow secant. you moat
also d«tmy all aaNt wide ant accaud aoc«f ohsCW. Vou
mwt adN DaY aN amounts you owe us on Me account. even a
Her were cnaga) eNa Your ~wlml w ckwetl a
• suepardstl.
7. laaktn9 Psy+rwrM. PaymaAS you mad to w vent 9e aadaetl
to Your account as dMe buakr«a pay are rswirw N.
provided 111 you «ntl the Doaam portbn d His aYNmaa
end Youf check in tM «dosetl ranrNlancs antelope ant t?]
yow payment w r«sivetl in our pros«dng wdar Dy 3pm E
{12 noa+ PT}. Pta«a Mow d 1«st lute (ti]bwkra« otys to
pwtd OdWery. PsYmeMf racdve0 Dy w d any oN1a
Iacdbn a in any dnaform rmY nil Do cretliNd « d Me
tlay we receive Ihsm. Our bueins« tlaya ere Monday Mrougt
8. NoNca Abort Eladronb CMck Convenlon.
Waen you provroe a cMck as payment. yea aulaalze us
enna to use Infartretbn lien Yow caecK b make s one.tlma
alectlonlc fund transfer from yow dePOari sccouM a b
prow« Me payment u a dlscK tonaedbrr. When ws we
iMOmwtlon hom yow cMCir to make en electroMC furM
aensfa. Wnds maY be wiMdawn hom Your deposd account
« soon as IM same day ws receWa your payment. and you li
vrgl nil recdve your check backtmn your Ilmncld '
irotllWlon. Vow auMonzdion h not IimiNd by the dde m Ina
dleck. Wa may rasuDmU and elecaonkally mlNd rebmetl
payments.
g. 8enluuptoy. Ii you era endued to MnNruptcy protacnona for
yow account. Mb canmuMcatlon Is only fu IMamatbmt
purpos«.11 is nil en edranpt b coNed. assess or recover e
debt a claim. Oo rw+ «nd any payments drxNy b us
wahoul ap«king wNh yar DanKruplcy atbmeY a the
BanpuAcy Coed. If you wanlld vented us about your
acaouM or Yaw bankruptcy prowetlbg, please have Your
artomey contact ua.
TB1llING RIGHTS SUMMARY
(In Casa d Efraa a Ouedlons about Vour Srllt
1/ you tnlnK your bill K wrong. or d You need rtrora WamaUon °"
a trarwadbn a dll. wme b us on a fepaaN sMd as soon as
poaalON d tae addr«s fa Inqutrles shown on Ms front dthq
s+drsm«I. W e must sear from You no NNr Man ten days eha
we aeM you IM tact der on which Me enor a prodem appeared.
tau can call aw Cudarmr Rddbna numbs or eddy us Dy
emdl d websM. Mil domg so wW nil prwewe Your rlgMS. In
your NtNr. gh'• ua IM fralowkrg Idomwtbn: your name and
accoud number. tM ddNr amount d Me wspeded aria. a
0«alptbn d Me erta and an aaplamtron. K pcaalbN. of why
You beasvs Chas Is an error, or H you metl mss tMOnmlbn, a
0«alptbn d lee Mm you era wwre about. You tlo nil have b
pay any amount b qu«tlon af1W ale are inv«tlgdatg If drt
you are stl)1 obllgded to pay IM paAa d yow dN the era nil W
qu«tbn WhIN we Inv«tlgde Yea qu«tlon• wa wraiot tepoA
You « delinquanl a teKe any acdon to tilled Me runounl you
quswlbn.
t Spxial RWe fa cretlN Cant Purchaf«
If yw have a prodem was Me queNly d pmpMY or sewkea
1Mt you punch«s0 wdh a cntlN cad and You Mrs tried b good
rain to oared Me IamDlam wNh Ms rmrcMM. You may Mvs tae
rlgM nil b D•Y tM remdning amount tlw on Ms goperry a
servtc«. you Mvelhts ptoNdfon Doty when the purch«e pries
was mere Men 360.00 end Ms pwon«e w« made In yea
ham sNN a wdhln 100 mass d yow making Wtlr«s. (If ws
own a opaaM tM macaanl, a N aw rtwNed you tM
adveAlaamnt fa tea property a aeMCea, all pumhexa ere
coveted regard«s d amount a bcdton of putch«e.) Please
remanDa to algn dl comapartlencs.
t Da« nil appy b Duairresa eocaunfa
Capaal Ore auppons iMamdlon MWary protsdbn-. see out
T svebsM a1 sUtBtLfAPBa~1IN.~
Capad Cns b a tederdlY regMaetl sewlce hralr d CepNd QCs
Financial Capadlon. All rights r«ervetl_ 02008 Capdel Orre
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Address ................
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E-mail
Address
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• Don`t staple or paper clip your check to the payment slip.
/! • Be sure to use the payment envelope chat came with your
statement. Using a different envelope could delay pY'oc'essi
• Please don't include any additional correspondence.
• Oast but not least, be sure to write your 16-digit account
number on your check.
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7 ~ ! ME_ MBER
wwiw,w s~rawv
LENDER
whaYs fn your walletT
FINANCE
Previous Balance Payments aiiCredits CHARt3E Trensactions_ New 8aiance Minimum Payment Due Date
$6,885.24-~-~ _-_$210.00 ~ $34.00 ~~ $285.46 ~_ $6,994.70 J$107.00 ~ CApr. 28, 2009
Mar. 01, 2009 -Mar. 28, 2009 Page 1 of 1 •:'•
~ Visa Platinum Account ~
zz
Your ccount Information
TOTAL CREDIT LINE $7,500.00
TOTAL AVAILABLE CREDIT $505.30
CREDIT LINE FOR CASH $7,500.00
AVAILABLE CREDIT FOR CASH $505.30
~ FlnaflC@ Charges (Please see reverse for important information)
Balance rate Periodic Corzesporlding FINANCE
j applied to rate APR CHARGE
~ Purchases $6.905.97 0.01756% L 6.41% $33.96
i Cash - $2.91 0.04521% L 16.50% $0.04
ANNUAL PERCENTAGE RATE appllad thk parlod: 9.91%
At Your SarWca • Go to www.cadhah~e.com to manage your scouts,
or Cal: 1$00-9033637 to repon a bsl or sbbn card or speak b Cusbmer
Relations
Pay Online ~ nwacmilabrtacan or malyaur payment to:
Capdal One Bank (USA), N.A. • P.O. Box 60599.Oty of Industry. CA
91716-0599
Send Inqulrin to:
Capital Ora:• P.O. Box 30285 • Set Leke Oly, UT 81130-0265
® Have a quastlon about a charge on your tdakmard9
Please rekr b the Bilkrg Righb Summary an the back of your
stakm ant or visit www.raoifalone.comldislwtes
vrrA~ Tar ar rrntt mis nutnnrr
Pavments. Cred'da 3 Ad"wstments
1 16 MAR PAYMENT $210,00.
Transactions
2 10 MAR BLOCKBUSTER VIDEO A063461A MESA CA $3222
3 10 MAR LONGS DRUG STORES t019 LA MESA CA 551.61
4 21 MAR SMOG OR TIA~ LEMON GROVE CA 5146.74
5 21 MAR ANTItaUE ROW CAFE OF LE LEMON GROVE CA 515.89
6 28 MAR CAPITAL ONE MEMBER FEE $39.00
PIEASE RETURN PORTION BELOW WITH PAVMENi OR LOG ON TO W1ANV.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE.
~ayw ~~~ 12 2 ._
Account Number. ~ Z?
Due Date New Balance Minimum closed
Cpr. 28, 2009 C $6,994.70 $107.00 ~~
PLEASE PAY AT IEAST ~~JJ
THIS AMOUNT
g90088355382284r5311
AMY J HILLER
PO BOX 4203
LA MESA, CA 91944-4203
'111111'IIIIIIrrJIInIIIIIILIIIIbIrIrIII,ILrllll,lllllr,lllll
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Capital One Bank (USA), N•A•
P~0• Box 60599
City of Industry, CA 91716-0599
r~IIr11161111hrllrnlPrnnlrlrllrrllhlP4rh~lrllllllll
Please make dlecks payable to Capita1011e Bank (USA), N.A. and mall with this coupon in the enclosed envelope.
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Products and services offered by the Capital One (army o(tompanics, including Capital One Bank (USAI, N.A. and Capital One. N.A., memhers FDIC.
l'apial On< is an !goal t laming (.ender Qi 2008 (.spire! Oro C:+pirr/ Oro u a federally reyiurxd rrrui~e mark. iL? righa rrrnrvd
am
2N
1. Now to Avoid a Flnarroa Charge. 3. Mnuel Percentage Rates (APR). 8. Nogw ADoul Elaarank Check Convarolen.
a.Graw Pedotl. You wNl nave a minimum grace padotl of a. The term "Novel Percetage Rate" may appear as "APR" When you provltle a check u payrnenl. You aNh«Ize us
26 days wMOUI enance chetge on new purchases. new on the imnt a IhN sidemen!. e6nw to use Im«mdbn from your check b make a one-dme
balance transfers. new speeld p«Magee entl new D. If the code P (GuaneAy Pnme}. L (GuaAedy LIBOR}, C drwnronkfund !stater from your tlepoeN accent «Yp
ahw cNarysa N You PSY Your blal "New Bdanw". In (GUaAedy CG), or S (Benkwrd Prime} appears on ma Troll pewee Me peymMl as a Meck tranaadbn. WMn we use
acrnrdence wIM tM ImpoAam Natw!« paYrrwms a Mis abbmam nezt to IM panotlic ace(s), tM penodic Imomatkfn from Your check to nwke en ebctromc furrtl
Dabw, entl In dme 1« ri b De aetltted Dy yo« AaYmenl rates and oorreapwtlirry ANNUAL PERCENTAGE RATES Vansiw, funds may be wrihrkewn from your deposN account
due date. Thera b no grace pwbd on caen atlnncee may vary querteAy entl may increase or tlecreaee Msed as soon as fha same tlry ay receWs your paymem. and you
and spadal carriers. In eddNbn, then b no grow w the sided mdiws, ae found in TM Well Street Joumel. wtNna rxrave your Meck beckfrom yourftnenctd
pubd pn arty tanaxibn N you tlo na pay the tad qua the mwgin prwioucly tlieolwe0 to you. Ttreae InatltWlon. Your auMonzdlon to nd NmMtl by IM tlde on the
"New Balance." cnangea will De dadive on tM lint day a your billing check We meY resudnri and elactronlcaky wiles reWmetl
D. Nxtuu+g Fkranw Ctarga. Transadtons wnlM ate not peAotl covwetl b/ your penotlic slatemwA ending in Ina PaYrtwnb.
sutysa to ^ grace pwkd ale asaeaastl (Nance Mugs 1) months a January. APm. Jury and Ocbbw. 9. Bsnkruplcy. 1l you era enlriletl to bankruptcy protadlona for
hom Me tlate of Me awraaaan «Z] from the tlde tM c. N the Dods D (MOnlhly Pnme}. F (MOmnry UBOR]. or G Ww account. fib commumwtbn is onq f« im«rtwttonai
kemectlon b processed to yow Acccunt « 3}from IM (Trwury UBOR} appNrs on the hoot a Your ddemem purposes. N w na en aNem{A to cdMd. assess «recover a
Nrst wbrdu day a Me wrtam DNNng penatl. AddabndlY. wxt to 1M perbtllc rde(a). Me perbtlic rates entl dept or c1dm. Do nol send any paymams dlrect% ro us
N you dltl oat pay tM "New Balanw" OodttM pmrbus oonnaeprmdmg AIJTWAL PERCENTAGE RATES may vary ~~ spapkirg wtth your bankruplry atkrrney or tM
billing penotl In Wq. flnanw cMrgea c«AMue to accrue W monMly entl may inceease «decrease Dared on 1M sided Bankruptcy CouA. It you want to correct ua about your
your unpdtl bdenw umN IM unpaid Ddslriw b paid to indiws. u found M Tile WaN Strad Journal. Plus the acwum « your Denktupfcy pmceetlfng. please have your
IuN. Thb means the you may atNl owe Nnarce chwgea. margin prwioualy tlwcbsed to you. Tneee cttanga vnll be ettpmey contact ua.
wen If you pay IM emke New Balance IrMkabd on tM dreaive on IM lint tleY of Your Dillirg peAOd each muAh.
trod of your atdertwm by tM gayrram dw dent. Mrl did ,{. Asaswmea a Leta, pvaADml end Refi+rmtl PaymerA rBILLING RIGHTS SUMMARY
na do so (« Me pnrvioua rtromh. Unpaid (Noce Merges Fees. Under tns terms d your duabmw eryraerrrerA. we (In Case W Etr«s «Owdlons eDwl Your eilp
are added b tM epplkebk ssgmenl d your Account reserve the ngM W wain or oat W seems ercy fees wAhoul 1f you InMX ywr DII{ b wrong. or N you need m«s Mformatlon on
c. Minimum Finenw Chage. For each DIINng pwbtl Ihd pnof rsAdiwfion M you wNMW waiving our dga b assess a tawacdon «DIII. write b ue on a sepuaN aMw as soon as
yo« account Is suDJxA to a finance charge. a minimum the same M aimNw fees d a Iabr gma. possNNle d the address f« lnqulnea shown on Me from a tNa
btel Ff W WGE GWlRGE o! $0.60 wW De Imposed. 5. Memttenhb Fea entl RaMwtng Your Axeurd. g a sidemen( Ws must Mar from you no Inter Men NO days agar
tl. TerrNMrwy RWUCNorr In Flnartoe CNsrgee. Ws reserve mwflwrslpP fee appears on Min etabmenl, wa wiA CretlA IM we seal Ya 1M Ilrsl DIN on wrvkh the error « proNem appeared.
Me ngnt to nA sasses enY «dl Nrtanw cMrgm f« enY iee N you squad b close Yes ®ccoum within 30 days a IM You can ceN our Customer Retdfona number or rw1Ay w M
given DNNn9 pw~~ malting o1 Min atdsment. You may cominue b ass tM emdl «wabsNe. Dui ddn9 ao. wNl na preserve your rlghls. In
Z. Average DaNy Bs`nw (IMaMirg New Purchases). acwum tluMg tM 30 day psdotl bel«s yo« agWal. h you your lellu, 4Ns ue IM IoNowln9 imormadon: yar name and
Ffnanw chugs la edcuhted DS' muNlplyMg Me det7 tlo not pay dt eMrga owed on Nis account wNh it 90 days. accwm numwr. IM tldhr amount a Me suspwtied ea'«. a
D~nw o/ Bent segmem a tour acwum (ag.. cash «d you use tour aedN wrd «axoum aver Yw nqumt to tlasupaian a Me aar« mtl an. sxplarrdbn. N pwslDle. o/ why
advance. pufMme. apedel tarpkr. artd epedd pumhme} dose. any membership fee prwbuely waived may Da you DWlwe (Data Ia an eaoc or N you rtaetl mots kdrarwllon. a
by IM conmponding deNy pedodk rde(s)Illd hoe Dean reinddatl to you aocoum. dma~tlon a tM bm You era unsure eDarA. You do na hwe to
prevlouery rMdoaed b you. At Me entl of sent der tludn9 6, Cbaing or 3ueperadlrg Your Axoum. You may request pay any artrount In qumdon wMle wa era Invesdgding h, Dut
fM D1Nk+9 penotl. ws aPWY 1M tlaNY penotNe rde for each Mat Your accour% ba olmetl M wNing a vmaing cur you are aWl wllgaled to pay [Ae paAe a yore DIN the rue na fn
aegmem dyour acwumbtM dw%Ddanwor Bent Cwbmer Reletione OspaAmem. At Melime oTYOUt request. qumtbn. WMle we Nwmggde ywr qumtlon. ay wrmot apon
segmem. Then d Me entl a IM piping period. uw add up we will provide you wNN atldilionsl tldaila on closing Your you as w6nquem «t~a enY acdon b cdlad Me amount Y W
the rmuae a Mme dairy wtwteftma hs emve d Your accoum. This may include WYrn•nl imorma6on. N you sae qumtton
penotlk rlwnce Marys rot each segment. We add up the yorg cretld wrtl or Magee pwl to your acc«atl altw yw ask
rmuNs from wM segmem b artwe d Me tobl penodk w to clone yore account we wn keep your aocoua open M t SpecW RWe f« CfedN Cud PurcMsea
flwnce Marge for your atcount. To get Me dairy Oalanw br pppyt p. We may dwe «e W Pend yow accouA entl your If you Nws • probem wah Ma qua6ry a properlr or servlws
each asgrtwnt a your accwM. w bite 1M twpMwg dgM to oDtaM catlA. Ws may do ton at any tirtw arW 1« enY that you purcneasd wNn a credN cud and you Mvs tdsd M good
Dahnw fa coat segment and Wd any new Yaraaatons reason, even a You era na in ddauN. A suspension d Your IaJIN fa wraA Me problem wllh Me trlerCMm. you rwy hen the
entl any parbclk: (Meow Margo wk:INaMd on IM prwloua ecooum wn Da psmynam w temporary. N your account is rIp1N M b PSY 1M rwndnNry emoum dos on Me propMly «
day's Dalanw f« the segmem. We Ihan auDbea any dosed «suapended. You trust stop uakp your aWN card servk:m. Y W Mrs this gotedhon Dory when 1M purctlms prlw
peYmema «aewa pwNd ae d IMt day MM an dbwle0 and accoum. You rrwat adso erred ~ prewModzW DNIMg aye more Man 860.00 and Me WrMme wu made M Your
to tNd aeprrlent. TNS 91ns us Me ppuds t1aNy OaNnce br emengemanls to Me account. We wiN nd tlo this f« you. N horM aYM of wNflla 100 rta1K IX yow malting address. pt va
each aegrrwnt a your aeceunt. Roaae+w. N you paid the ey does or pemynsmlY suspend yo«account you moat ovm w apwaN 1M mwchant «N we rwNw you 1M
New Bdanw shown on Yo« parWua stabment M Mp (« N also tlmtmY all watlA was entl aucoum arxme cMCka. You atlvaMaemeM 1« tM propeAY or aerwcw. ell Wrchseea we
ywr new Debnce was zoo « a cede amwnQ, ww moat sWl pay aN amovaa you ova us on NN acmum. oven N covaro0 agarClaes a amoum « IccaNon of purcNme.) Please
tansaawm. vANCn pop b Your pWMase «speeW May wars charged aNw Your acooum is closed « ramenMw to sign all correspondence.
puroheN Segmems as na atltlW to the WllywWrcN.We eusparWed.
cak:WSletM aveape tlMly balwua M adding aN Ms dory 1. MakMg PaymsnL. Paymems yw mac to us wig De aetlNed f ~ oaf app% b business accaunfs
talanws togeMw entl tlbkNng 1M sum M Me numDw of (tl your acooum u of 1M Dualnwa day ey rewire N.
IM days M 1M curtara dNMg ryas. To cekubts Your Iasi piowded (1] you aarW lM boNom pbAlgll d Nis atabtneld CepNd One supports Im«mstbn prlvary pmbdWn see our
gMnce Marys. muNgly your swags dMY t>elatree DY tM end Your Mack M tM endomd ramlNeroe enveWpe entl (g) ayOeM„~
daNy PwbWc rde errd Dy INS MIrIDer of days M Me blpirg yore paymsm b tecslvsd M our Ordcweing wow Dy 3pm ET CapllM Gne b a fetlwdly feglgwW swvtce muk a Caprid One
Pedotl. Due b rountlutg on a d•l1Y Desis or dueto minimum (1Z noon PT). Pierre aNOw d ltd Nvs (6) bwMea days Y« plnwtcld C«p«albn. AN rgNb raserwd. 4~ 2008 Cap6al Goa
fmance Marys mesaarwnt. Mae may w a rarWres postd tldivery. Paymanb receiretl M w d enY oMw
between fhb akuldlon entl Me amoum of linanw chage lacdion d W enY otltwfartn may na w cretlaatl a of Ua
saually mamaed. day we rxeive them. Our deinma days ere Monday through Tr ro
.1-
Changing Address?
Address ................
Home Phone
Alternate Phone ...................................................._.....................................
E-mail
Address ...........................................................................................
Please print address rx phora number changes above using blue w black ink.
Not quite ready to make payments online?
No problem. Follow these simple steps to make sure
we process your payments smoothly:
• DonY staple or paper clip your check to the payment slip.
• Be sure to use the payment envelope that came with your
~,_ statement. Using a different envelope could delay process!
• Please don't include any additional correspondence.
® • Last but not least, be sure to write your 16-digit account
number on your check.
-digit Account Number 971
_ ___.
stomer Type N
stomer Name :'MILLER AMY J
stomer Street Address >PO BOX 303
Customer City 'HALIFAX
Customer State
_ _ ' PA
_ ._.
,
Customer Zip Code =17032-0303
Customer Phone Number
, __
£425
:.
:Customer DOB ,_
;.01/01/1959
'Customer SSN
~.: ,:
::Secured Card Indicator
Interest Rate <26.100
:Open Date 03/09/2002
Date of First Delinquency
_..... 09/27/2009
Charge-off Date 03/10/2010
Last Payment Date :07/25/2009
'Last Payment Amount 0000000000000000.00
Charge-off Amount
:... ........ . ....... .......... .. ....... X0000000000008490.33
r_ __.. .
::Current Total Balance `0000000000008696.74
`Post Charge-off Interest
_. .0000000000000206.41
„Post Charge-off Fees 0000000000000000.00
Secondary Customer Name
;Secondary Customer Street Address
,_ ___
%Secondary Customer City
;Secondary Customer State
.. ........................................................................ ...................
.
:Secondary Customer Zip Code
:Secondary Customer Phone Number
Secondary Customer Date of Birth
;Secondary Customer SSN
Data printed by Portfolio Recovery Associates, LLC from electronic records
provided by CAPITAL ONE BANK, N.A. pursuant to the sale of accounts from CAPITAL ONE BANK, N.A.
to Portfolio Recovery Associates, LLC on 4/19/2010
Capital One® Customer Agreement
Welcome to Capital Une
Thank you for opening a credit Card Account with us. This
Customer Agreement {"Agreement"} contains the terms for
your Capital One credit Card.
Some Definitions.
The meanings of the terms you see in italics appear in
the Glossary Section. 7o make the Agreement easy
to understand, we will also use the following personal
pronouns:
"You," "your" and "yourself" mean each applicant and co-
applicant for the Account; any person responsible for paying
theAccount;and anyone You authorize to use, access or
service the Account. It also includes an Authorized User as
defined in the Glossary Section.
"We," "us," "our" and "Capital One" mean Capital One
Bank {USA), National Association; and its agents, authorized
representatives, successors, and assignees.
Account Documents.
YourAccount with us is governed by the following
documents:
(1) this document;
(2}all Statements;
(3) all rewards information and documentation if your
Account has rewards;
(4) any Privacy Notices describing our limitations on sharing
information about you with others;
(5} your Card benefits brochure which describes benefits
provided b the Payment Card Network for your Card and
Account. The most current version of your Card benefits
brochure will replace all prior versions;
(6) the "Security" Agreement if you have a secured Card;
(7) all disclosures and materials provided to you before
or when you opened yourAccount, including Truth in
tending Disclosures;
(8) all other documents and disclosures relating to your
Account including those provided online; and
(9} any future changes we make to any of the above things.
Please read these carefully and keep them for future
reference. An image of any of these can be used instead of
the original.
New Offers.
!n the future, we might make new offers to you or forward
offers from others tha# we think you might be interested
in. These offers may have new or different terms and
documentation for these offers will 6e rovided when we
make you the offer. If you accept the offer, your previously
disclosed terms will still apply except as modified by the offer.
Account Information.
We need information about you to manage yourAccount.
The information we need includes:
(1) your legal name;
(2) a valid U.S. mailing address and residential address (if
different);
{3) your date of birth;
(4) your social security number or other government
identification number;
(5) your telephone number{s); and
(6) your employment and income information.
You must tel# us when this information changes. Please update
your address in the manner provided on your Statement.
You may also update some of this information by logging
onto yourAccount on our website or by calling one of our
representatives at the telephone number provided on your
Statement or on the back of your Card. We may require you
to provide additional documents that are acceptable to us to
verify this information or any changes. We maintain the right
to restrict or close your Account if your information cannot
be verified or if you do not provide additional information as
requested.
Credit Limits.
When you open your Account, you wilt receive your credit
limits. These will also appear on your Statements. We might
also refer to your credit limits as your credit lines. We may give
you different credit limits for the different Segments of your
Account. For example, you might have a different credit limit
for purchases than for Cash Advances.
You are responsible for keeping track of your Account
balances and your available credit limits. Do not allow
your Account to go over any credit limit even if you have
authorized us to charge you an overlimit fee for doing so,
as described in the Interest Charges arrd Fees section. We
may still honor transactions above your credit limits, but our
honoring of these transactions will not increase your credit
limit.
We may also increase, decrease, restrict ar cancel our credit
limit on any Segment at any time. This will not affect your
obligation to pay us.
Using Your Account.
You promise #o follow the terms of this Agreement as long
as yourAccount remains open or has a balance. Please sign
the Card immediately when you receive it. The Card is valid
during the dates provided on the front. The Card is our
property and you will return it to us or destroy it if we ask.
You wilt take reasonable steps to prevent the unauthorized
use of your Card and Account.
We are not responsible if anyone refuses to accept your
Card for any reason. Also, we may reject any transaction for
any reason, Unless we tell you otherwise, we wi8 bill each
transaction to the applicable Segment of your Account and
apply it against your available credit limit far the Account and
Card for that Segment in each Billing Cycle.
You may also ob#ain Cash Advances and Transfers if they are
permitted fvr your Account. Unless we agree, you may not
use a Transferto transfer amounts from other Accounts with
us or any other company within the Capital One organization.
You must not use, or try to use, the Card for any Internet
gambling transactions or transactions that are illegal or not
permitted by us. You will still be responsible if you do. In
addition, these transactions will be subject to this Agreement,
and you might have to reimburse the Payment Card Network
and us for all damages and expenses.
From time to time, due to circumstances beyond our control
{such as system failures, fires, floods, natural disasters or other
unpredictable events) our services might be unavailable. When
this happens, you might be unable to use your Card or obtain
information about yourAccount. We will not be responsible or
liable if this happens.
Rewards.
Your Account might provide you with the opportunity to earn
rewards. [f it does, we will separately provide you with all
~_ _
information and terms abau# our rewards. We will include
on your Statements all rewards you have earned. It might
take up to two Silting Cyc%s for your earned rewards to
appear on yourStatement.
Using Your Access Checks.
When we provide you with Access Checks, we will tell you
whether we will treat them as purchases, Balance Transfers,
Cash Advances or Special Transfers.
Only the person we designate may use Access Checks. Access
Checks may not be used to pay any amount you owe us or
any other company within the Capital One organization. We
may reject and not pay any Access Check for any reason.
Some examples of reasons why we may reject and not pay
include: your Account is delinquent, charged-off, bankrupt,
lost/stolen or closed; our fraud syystem prevents the offer
fulfillment; yourAccount is overlimit; or the checks have
expired. Any liability for our wrongful dishonor of an Access
Check will be limited to your actual damages and will not
exceed the amount of the Access Check.
When you use an Access Check, you will have fewer rights to
dispute merchant transactions than with other uses of your
Card. Please see the "Billing Rights Summary" part of your
Statement and your other Truth in Lending Disclosures for
more information.
Stopping Payment of Access Checks.
You may request a stop payment on any Access Check by
contacting us as provided on your Statement. We may charge
you a Fee to stop payment as described in the Interest
Charges and Fees section. If you call us to stop payment, you
must also send to us a written request within l4 calendar days.
We will have a reasonable amount of time after your stop
payment request to research the situation and complete it.
We will not be responsible if we cannot complete the stop
payment because the Access Check was already paid, you do
not give us the information we asked far or the information
you gave us was incorrect. If we cannot stop payment for
these reasons, we may still keep the stop payment Fee.
Once we complete a stop payment, we do not have to release
the stop payment order unless the same person asks us to.
If we re-credit your Account after paying an Access Check
following a valid stop payment order, you give us all of your
rights against the payee or other holder of the paid Access
Check. You also agree to help us in any actions we might
later take against that person.
Using a PIN.
We may give you a personal identification number (PIN). For
security reasons, you might have to provide the PIN before
you are able to complete some transactions using the Card.
With a PIN, you may use your Card to: (t) obtain cash
from certain automated teller machines (ATM) or (2) make
purchases at certain merchant or retailer point-of-sale devices
(POS}, You may do these things if the ATM or POS requires
entry of a PIN and displays the logo of the Payment Card
Network on your Card. We will treat all ATM transactions as
Cash Advances and al! POS transactions as purchases.
You should keep your PIN secure and not write it down, give it
to anyone, or keep it with your Card. If you lose your Card or
believe that someone has gained unauthorized access to your
PIN, you must contact us immediately.
Authorized Users.
You may ask us to add one or more Authorized Users
with additional Cards on your Account. If we agree to
your request, we will need certain information about the
Authorised User to manage your Account. This will be the
same information you provided about yourself as described
in the Account Information Section. We may limit an
Authorized User's ability to initiate certain transactions. if we
do, we will tell you about these limitations before adding any
new Authorized User an your Account.
Once we add an Authorized User to yourAccount, we
may discuss your Account with them and provide them
with Account information. You will be responsible for the
Authorized User's use of the Card and your Account as well
as anyone else they a11ow to use your Card ar Account. This
will be true even if you did not want, or agree to, the use,
Removing an Authorized User.
If you want to remove an Authorized User from the Account,
you must contact us as provided on your Statement and
request their removal. We will have a reasonable amount of
time after your request to research the situation and remove
them. You also must immediately destroy all Cards in their
possession and cancel all of their billing arrangements to
the Account. We will not do this for you, During this time,
you still will be responsible for all amounts they charge to the
Account. You will be responsible even if these amounts do not
appear on the Account until later, An Authorized User may
remove themselves from the Account upon request.
We may close your existing Account and/or issue a new Card
with a newAccount number.
Your Promise to Pay.
You promise individually and jointly to pay us all amounts dui
on yourAccount. This includes amounts where you did not
sign a purchase slip or other documents for the transaction.
If you use your Carol number without presenting your actual
Card (such as for mail, telephone or Internet purchases),
this will be treated the same way as if you used the Card
in person. If ou let someone else use your Card, you are
responsible for all transactions that person makes. Your
promise to pay us will apply to your estate if you die.
Statemen#s.
We w'sll send you one Statement for all Cards on your
Account unless the law does not require or permit us to
send a Statement. Statements will be sent at the end of
each Billing Cycle when your Account has a debit or credit
balance of more than $1.00, or if we have charged any
Interest Charges to your Account. Your Statement will show
all transactions billed to yourAccount during the Billing Cycle
along with other importantAccount information.
Disputed Transactions.
You must inspect each 5taiement you receive and tell us
about any errors or questions you have as described in
the "Billing Rights Summary' part of your Statement and
other Truth in Lending Disclosures. If you do not notify us
as provided in those disclosures, we may assume that all
information in the Statement is correct.
If you dispute a transaction made by you or someone else on
yourAccount, and we later credit yourAccount for all or part
of the disputed amount, you give us all of your rights against
that other person. You also will:
(1) give us any merchandise or other purchases you received
in connection with the disputed amount if we ask;
(2) not pursue any claim or reimbursement from the
merchant and that other person; and
(3} help us pursue and get reimbursement from the merchant
and that other person; your help includes giving us
documents that we ask for and that are acceptable to us.
Interest Charges and Fees.
We will charge nterest Charges and Fees to your Account as
disclosed to you in your Statements and other Truth in Lending
Disdosures. In general, Interest Charges begirt to accrue from
the day a transaction occurs. However, we will not charge you
interest on any new balances posted to the purchase Segment
of your Account provided you have paid your previous balance
in full by the due date.
We will treat the following Fees as purchase transactions unless
otherwise specified below. These Fees apply to your Account
only if they are provided in your Truth in Lending Disclosures.
We may increase your tnterest Charges and Fees as described in
the Changes #o Your Agreement section or in your Truth in
Lending Disclosures.
• Membership Fee. We may charge you this Fee as early as
your first Billing Cycle or the first Billing Cycle after this Fee
becomes effective. !f it is an annual Fee, we may then charge
it approximately once per year. If it is a monthly Fee, we may
charge it once in each Br!ling Cycle. This Fee is payable in
advance even if you do not use your Account.
• Late Payment Fee. We may charge you this Fee if we do not
receive your payment in time for us to credit it by the due date
shown on your Statement.
• Overlimit Fee. If you agree, we may charge you this Fee when
a transaction causes you to go over or remain over any of your
credit limits during any Billing Cycle. We may also charge you
two additionaE Fees if your balance remains over your credit
limits as of the payment due date in future Billing Cycles. You
will only pa one Fee per Billing Cyde, even if you go over your
limit multiple times in the same cycle.
• Returned Payment Fee. We may charge you this Fee each time
any payment you make to us is not paid by your financial
institution for any reason, even if that inst-tut~on later pays it.
• Returned A4cg~s Check Fee. We may charge you this Fee if we
do no# pay an Access Check for any reason, including when
your Account is in default, overlimit, suspended or closed.
• ~p Payment Fee. We may charge you this Fee each time you
request us to stop payment on an Access Check or you renew
an existing stop payment order as provided in the Stopping
Payment of Access Checks section.
• Copying Fee. We may charge you aper--page Fee for copies of
transaction documents or Statements unless they are required
in resolving a billing dispute.
• Cash Advance Fee. We may charge you this Fee each time
you obtain a Cash Advance. This Fee will be treated as a Cash
Advance transaction.
• Transfer Fee. We may charge you this fee each time you
obtain a Transfer. This Fee will be treated either as a Special
Transferor purchase transaction depending on the Segment in
which the Transfer pasts.
Transactions Made in Foreign Currencies.
If you make a transaction in a foreign currency, the Payment
Card Network will convert it into a U.S. dollar amount.
The Payment Card Network will use its currency conversion
procedures in effect when it processes the transaction. The
conversion rate in effect on the processing date might differ
from the rate in effect on the transaction or posting date. We
do not currently adjust the currency exchange rate or charge any
additional currency conversion Fees.
No Warranties.
Except as otherwise provided in the "Billing Rights Summary"
part of your Statements, we are not responsible for any claim
you might have regarding the purchases of goods or services
made with your Card.
Merchant Refunds.
It you are entitled to a refund for goods or services purchases
with your Card, you will accept these refunds as credits to thf
purchase Segrrrent of your Account. We do not control when
merchant sends us your refund. We wil) also have a reasonab
amount of time after we receive your refund to process it.
Minimum Payment.
Your Statement will provide instructions for making payment
including the amounts due and the due date for receiving
your payment. If applicable, your Statement will also include .
minimum payment amount. To avoid a late payment Fee, yoc.
must pay us at least this minimum payment amount by the d
date provided in the Statement. If you have agreed to incur F
for doing over your credit limit, be aware that paying only the
minimum payment amount might not be enough to avoid ar
overlimit Fee.
In addition to the minimum payment, you may pay a!I or pars
of the total balances on your Account. However, you must sti
pay at least the minimum payment amount each month, eves
you paid greater than the minimum on the previous Statemei
We will continue to charge Interest Charges during Billing Cyr
when you carr~r a balance regardless of whether your Stateme
includes a minimum payment that is due. If your Account is 1
days past due, part of a bankruptcy proceeding or otherwise
charges off, the entire balance is immedsately due and payabl
Making Payments.
Your payments must be in U.S. dollars from a U.S deposit
account and otherwise be acceptable to us. We do not accep
cash payments through the mail. You may not make paymerc
with funds from your Account or any other credit account wi
us or any other company within the Capital One organization
Mailed Payments.
You must mail payments to us at the address provided on yoi
Statement or as otherwise instructed by us or our agents. We
will credit it to your Account on the day we receive it, if:
{1) you send the payment coupon included with your State
to the same envelope with your payment;
(2) you include your Account number on your payment; and
(3) your payment arrives at the address indicated on the
pa ent coupon in our processing center by the time
indicated on your Statement.
If your due date occurs on a day on which we do not receive
payments, any payment received the next day which conforrc
to the above regwrements will not be treated as late.
Please allow at least 7 days for postal delivery. Unless we or o~
agents specifically instruct you to remit payment in a different
manner, payments received at any other location or in any otl
form might not be credited for up to 5 days. This might causE
you to be charged late payment Fees and additional Interest
Charges.
Faster Payment Services.
We may make services available that allow you to make faster
payments through a customer service representative using
a telephone, the Internet or other payment system. We vv~ll
describe the terms for using these sen+ices before you use the
You do not have to use these other payment services, and we
may charge you a Fee for using them. If we do, we will tell
you the amount of the Fee at the time you request the service
We are not responsible if a payment made using our pa menl
services is rejected or not paid. Even if it is, we may still keep 1
Fee.
If you give your Account number or otherAccount informatio
to someone else to make a payment for you, we may provide
Account information to them and process their payment as if
T
you made it. We may refuse to accept any payment made by
someone else for yourAccount. If we accept a payment made
by someone else for your Account, you will be responsible
for the payment made even if that payment is rejected or not
paid.
Payment Processing.
We may accept and process payments without losing
any of our rights. Even if we credit your payment to your
Account, we may delay the availability of credit until we
confirm that your pa ment has cleared. We may resubmit
and electronically collect returned payments. We may also
adjust your Account as necessary to correct errors, to process
returned and reversed payments, and to handle similar issues,
When you provide an Item as payment, you authorize us
either to use information from your Item to make a one time
electronic fund transfer from your deposit account or to
process the payment as an Item. We will provide additional
information about this process on your Statement or other
documents we send you before your payment. You may
contact us and ask that we not process.your future Items in
this way.
When you provide an Item as payment, it might also be
converted into an electronic image and collected and returned
electronically. These electronic images may also be converted
to substitute checks: We will not be responsible if an Item you
provide has physical features that when imaged result in it not
being processed as you intended.
Now We Apply Your Payments.
We apply your minimum payments to lower Annual
Percentage Rate balances before higher ones, We apply
any portion of your payment, in excess of your minimum
payment, to higher Annual Percentage Rate balances before
lower ones.
items whit Restrictive Words, Conditions
or Instructions.
All Items that have restrictive words, conditions, limitations
or special instructions added (including Items marked
with the words "Paid in Full" or similar language) and all
accompanying communications must be mailed to and
received at: Capital One, P.O. Box 30285, Salt lake City,
UT 84130-0285. if you make your payment or send any
accompanying communications to any other address, we may
accept and process the payment without losing any of our
rights.
Credit Balances.
We may reject and return to you any payment that creates a
credit balance on yourAccount. Any credit balance we allow
will not be available until we confirm that your payment has
cleared. We may reduce the amount of any credit balance by
any new amounts billed to your Account. You may contact us
as provided on your Statement and request a refund of any
available credit balance. if you contact us in writing, we will
refund your credit balance within 7 Business Days from our
receipt of your written request.
Account Default.
We may consider you in default of your Agreement with us if:
(1) you do not make any payment when it is due;
(2) any payment you make is rejected, not paid or cannot be
processed;
(3} you exceed a credit limit;
(4) a bankruptcy or other insolvency proceeding is filed by or
against you;
(5} you die or are legally declared incompetent or
incapaatated;
(6) we determine that you made a false, incomplete
or misleading statement on any of your Account
documentation, or you otherwise tried to defraud us;
(7) you do not comply with any term of this Agreement or
any other agreement with us; or
(8) you permanently reside outside the United States.
For certain actions, including changing the rates and Fees
on your Account, our options appear in our original offer
materials when you opened your Account. Remember, paying
the Fees charged in connection with a default will not by itself
cure the default, In addition, if you are in default, we may take
the following actions without notifying you, unless the law says
that we must notify you:
(1 }close or suspend your Account;
(2} lower your credit limits;
(3) increase your minimum payment;
{4) demand that you immediately pay the entire balances
owing on yourAccount {for example, as described in the
Minimum Payment section);
(5) continue to charge you Interest Charges and Fees as long
as your balances remain outstanding; and/or
{6) pursue any other action against you that the law allows,
which includes the filing of a lawsuit against you.
You must pay us ail of our collection expenses, attorneys' fee
and court costs unless the law does not allow us to collect
these amounts.
Communications.
We may contact you from time to time regarding your
Account. We may contact you in any manner we choose
the law says that we cannot. For example, we may:
(1 }contact you by mail, telephone, email, fax, recorded
message, text message or personal visit;
(2) contact you using an automated dialing or similar device
{"Autodialer");
(3} contact you at your home and at your place of
employment;
(4} contact you on your mobile telephone;
(5} contact you at any time, including weekends and holidays
(6) contact you with any frequency;
(7) leave prerecorded and other messages on your answering
machine/serviceond with others; and
(8) identify ourselves, your relationship with us and our
purpose for contacting you even if others might hear or
read it.
Our contacts with you about your Account are not unsolicitet
and might result from information we obtain from you or
others. We may monitor or record any conversation or other
communication with you, Unless the law says we cannot,
we may modify or suppress caller ID and similar services
and identify ourselves on these services in any manner
we choose. When you give us or we obtain your mobile
telephone number, we may contact you at this number using
an Autodialer and can also leave prerecorded and other
messages. We may do these things whether we contact you
or you contact us.
If you ask us to discuss your Account with someone else, you
must provide us with documents that we ask for and that arE
acceptable to us.
Credit Reports.
We may pro~de information about you and the Account to
consumer (credit) reporting agencies and others as provided
in our Privacy Notices. Information we provide might appear
on your and the Authorize Users' credit reports. This could
include negative information if you do not comply with the
terms of this Agreement. We may obtain and use credit
and income information about you from consumer (credit)
reporting agencies and others as the law allows.
Closing or Suspending Yaur Account.
You may ask us to close your Account by calling or writing us
as described on your Statement. Your Statement will provide
additional information about this process, and we may also
separately provide you with additional details after your
request. This might rnclude payment information. If you use
your Card or charges post to your Account after you ask us to
close it, we may keep it open or reopen it.
We may close or suspend your Account and your right to
obtain credit from us. We may do this at any time and for
any reason, permitted bylaw, even if yyou are not in default.
A suspension of your Account might be permanent or
temporary.
If your Account is closed or suspended for any reason, you
must stop using your Card. You must also cancel aEl billing
arrangements to the Account. We will not do this for you.
If we close or permanently suspend your Account, you must
also destroy all Cards. Yau must still pa us all amounts you
owe on the Account, even if they are charged after your
Account is closed or suspended.
Lost or Stolen Card.
You will take reasonable steps to prevent the unauthorized
use of your Card and Account. If your Card is lost or
stolen or if someone else might be using it without your
permission, you must tell us at once. You may tell us by
calling the telephone number on the back of your Card or
on your Statement or by writing us at the address on your
Statement. You will not be responsible for charges made to
your Account that are found by us to be unauthorized. If
we reimburse your Account for unauthorized charges made
using your Card, you will help us investigate, pursue and
get reimbursement from the wrongdoer. Your help includes
g~vmg us documents that we ask for and that are acceptable
to us.
Changes to Your Agreement.
At any time, we ma add, delete or change any term of this
Agreement unless the law prohibits us from doing so. We will
give ou notice of any changes as required bylaw. If we do
notifyy you of changes, we wflf send you a separate notice or
inform you on your Statement. We may send this notice to
you electronically as permitted bylaw. Our notice will tell you
when and how the changes will take effect and describe any
rights you have in connection with the changes.
Your variable Annual Percentage Rates (if applicable) can go
up or down as the index for the rate goes up or down, If we
increase your Interest Charges for any other reason we will
notify you in writing. If we increase your fees or other terms
of yourAccount we will notify you in writing and inform you
of your options in advance, including the right to opt out of
some of these changes.
We may increase your Interest Charges for new transactions
and your Fees after the first year of the Account. Also, if your
payment is not received within 60 days after the payment
due date, we may increase your Interest Charges and Fees for
existing balances and new transactions at any time. We may
change any other terms of your Account at any time.
The Law that Applies to Your Agreement.
We make decisions to grant credit an issue you a Card from
our offices in Virginia. Thrs Agreement will be interpreted using
Virginia law Federal law will be used when it applies.
You waive any applicable statute of limitations as the law
allows. Otherwise, the applicable statute of limitations
period for all provisions and purposes under this Agreement
{Encluding the right to collect debt) will be the to er period
provided by Virgins or the jurisdiction where you five. If any
part of this Agreement is found to be unenforceable, the
remaining parts will remain in effect.
Waiver.
We will not lose any of our rights if we delay taking any
action for any reason or if we do not notify you. For example,
we may waive your Interest Charges or Fees without notifying
you and without losing our right to charge them in the
future. We may always enforce our rights later and may take
other actions not listed in this Agreement if the law allows
them. You do not have to receive notice from us of any
waiver, delay, demand or dishonor. We may proceed against
you before proceeding against someone else.
Assignment.
This Agreement will be binding on, and benefit, any of your
and our successors and assigns.
You may not transfer your Account or your Agreement to
someone else without our written permission.
We may transfer your Account and this Agreement to
another company or person without your permission and
without prior notice to you. They will take our place under
this Agreement. You must pay them and perform all of your
obligations to them and not us. If you pay us after you are
informed or learn that we have transferred your Account or
this Agreement, we can handle your payment in any way
we think is reasonable. This includes returning the payment
to you or forwarding the payment to the other company or
person.
Glossary.
•"Access Check" means any check we send to you to acce.
your Account. We may also refer to an Access Check as a
"convenience check" or a "purchase check."
•'Account" means your Card Account with us.
•"Authorized User" means one or more persons who may
use the Card but is not responsible for the repayment of the
Account.
•"Balance Transfer" means a Transfer posted to the
purchase Segment of your Account unless otherwise
described in your Truth in Lending Qisclosures.
•"Billing Cycle" means a period of time that might varlr
in length but is approximately 30 days. The specific period
of time is described on each Statement. However, ~rou will
have a Billing Cycle even if a Statement is not required.
We will often specify a Billing Cy~e by the month in which
its closing date occurs as provided on the Statement. For
example, a "March Billing Cycle" will have a closing date
in March. We may also refer to a Billing Cycle as a "Billing
Period." If your Account balance has charged off, we may
switch to quarterly Billing Cycles to your Account.
•"Business Day" means any day in which Capital One's
offices are open for the processing of payments and credits.
• "Card" means any Capital One credit Card associated with your
Account, which includes all renewals and substitutions. It also
means any other access device for your Account we give you
that allows you to obtain credit, including anyAccount number
and anyAccess Check.
•"Cash Advance" means using the Card to obtain loans
in cash or things we consider cash equivalents. Cash
equivalents include wire transfers, travelers' checks, money
orders, foreign currency, lottery tickets, gaming chips and
wagers. Cash Advances a re posted to the Cash Advance
Segment of yourAccount and not to your purchase
Segment.
•"Fees" means charges imposed on yourAccount that are
not based on the Annual Percentage Rates.
• "interest Charges" means any charges to yourAccount
based on the application of Annual Percentage Rates.
• "Item" means a. check, draft, money order or other
negotiable instrument you use to pay your Account. This
includes any image of these instruments. This does not
include an Access Check.
•"Payment Card Network" means Visa Inc., MasterCard
International incorporated, or any other network provider
displayed on the Card.
• "Segments" means the different parts of your Account
we may establish that are subject to unique pricing, grace
periods or other terms. We create these parts of your
Account for such things as your purchases, Cash Advances
and' Specia! Transfers.
•"SpeciaE Transfer" means a Transfer posted to the Special
Transfer Segment of your Account and not to. your purchase
Segment.
• "Statement" means a document or information we
provide to you showing Account information including,
among other things, transactions made to yourAccount
during a Billing Cyde. We might also refer to your Statement
as a "Periodic Statement" or a "Billing Statement."
•"Transfers" means balances transferred from other
Accounts to this Account and includes Balance Transfers and
Specia! Transfers.
•"Truth in Lending Disclosures" means any Account
information we provide to you that is required by the
federal Truth in Lending Act and Regulation Z. These include
your application and solicitation disclosures, Account
opening disclosures, subsequent disclosures, Statements
and change in terms notices.
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Robert N. Polas, Jr., Esquire PA Bar # 201259
Carne Brown, Esquire PA Bar # 94055
Portfolio Recovery Associates, LLC
140 Corporate Blvd.
Norfolk, VA 23502
TELE: 1-866-428-8102
FAX: 757-518-0860
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION -LAW
PORTFOLIO RECOVERY ASSOCIATES, LLC
140 Corporate Blvd.
Norfolk, VA 23502
Plaintiff No.
v.
AMY J MILLER
3900 MOUNTAIN VIEW RD
MECHANICSBURG PA 17050
Defendant
COMPLAINT
1. Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with
offices located at 140 Corporate Blvd., Norfolk, VA 23502.
2. Defendant AMY J MILLER, is an adult individual with last known address of 3900 MOUNTAIN
VIEW RD, MECHANICSBURG PA 17050.
3. It is averred that Defendant was indebted to CAPITAL ONE BANK, N.A. on March 9, 2002 with
account number ************3971 (hereafter referred to as "Account"}. A copy of the account
history is attached here to and collectively marked as Exhibit "A."
4. By using the Account, Defendant agreed to repay any incurred balances and/or charges made to
the Account pursuant to the terms and conditions governing said Account. Failure to pay
Defendant's incurred charges on the Account is considered a default.
S. At all relevant times material hereto, Defendant has used said Account for the purchase of
products, goods and/or for obtaining services.
This communication is from a debt collector and is an attempt to collect' a debt.
Any information obtained will be used for that purpose.
Defendant was provided with copies of the Statements of Account showing all debits and credits
for transactions on the aforementioned Account to which there was no bonafide objection by
Defendant.
7. Defendant was in default with respect to that debt for failure to make the required payments on th
Account. The last payment made on this Account was on July 25, 2009.
Plaintiff is the purchaser, assignee and/or successor in interest CAPITAL ONE BANK, N.A. and
Plaintiff is now the holder of the Account. A true and correct copy of the affidavit is attached
hereto and collectively marked as Exhibit "A."
9. As of the date within Complaint, the remaining balance due, owing and unpaid on Defendant's
Account, as a result of Defendant and/or any authorized user's-use of said Account is in the sum o
$8,490.33.
10. Despite reasonable and repeated demands for payment. Defendant has refused and continues to
refuse to pay all sums due and owing on the aforementioned Account, all to the damage and
detriment of the Plaintiff.
11. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration.
WHEREFORE, Plaintiff respectfully requests this Honorable court enter Judgment in favor
Plaintiff and against Defendant, AMY J MILLER, in the amount of $8,490.33, lus costs of this action an
any other relief as the Court deems just and reasonable.
~_
Robert N. Polas Jr., Esquire # 201259
Carrie A. Brown, Esquire # 94055
11-66197
This communication is from a debt collector and is an attempt to collect a debt.
A:ny information obtained will be used for that purpose.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION-LAW
PORTFOLIO RECOVERY ASSOCIATES, LLC
120 CORPORATE BLVD
NORFOLK, VA 23502
Plaintiff No. 12-2561
V.
AMY J MILLER
3900 MOUNTAIN VIEW RD
MECHANICSBURG PA 17050
r
Defendant.'
�C x
PRAECIPE FOR DETERMINATION
TO THE PROTHONOTARY:
Kindly submit the following matter to Judge Presiding Judge for determination:
Plaintiffs Brief In Opposition To Defendant's Preliminary Objections filed August 31, 2012.
AMY HIRAKIS, ESQ. Robert N. Polas, Jr., Esquire#201259
401 E. LOUTHER STREET Carrie A. Brown, Esquire, #94055
CARLISLES PA 17013 Mark R. Garvey, Esquire, #312686
Portfolio Recovery Associates, LLC
120 Corporate Blvd
Norfolk, VA 23502
(T) 1-866-428-8102
(F) (757 18-0860
Estimated Time for Hearing: 30 min.
Date:
Carrie A. Brown, Esquire, #94055
Robert N. Polas, Jr., Esquire, #201259
Mark R. Garvey, Esquire, #312686
Attorneys for Plaintiff
11-66197
This communication is from a debt collector and is attempt to collect a debt.
Any information obtained will be used for that purpose.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION-LAW
PORTFOLIO RECOVERY ASSOCIATES, LLC
120 CORPORATE BLVD
NORFOLK, VA 23502
Plaintiff No. 12-2561
V.
AMY J MILLER
3900 MOUNTAIN VIEW RD
MECHANICSBURG PA 17050
Defendant.
CERTIFICATE OF SERVICE
The undersigned does hereby certify that I served a copy of the foregoing Praecipe for
Determination upon AMY J MILLER, by First Class Mail, Postage Pre-Paid, a copy thereof on
this day og�)_�z , 2013, to:
AMY HIRAKIS, ESQ.
401 E. LOUTHER STREET
CARLISLES PA 1701
Date:
Robert N. Polas, Jr., Esquire, #201259
Carrie A. Brown, Esquire, #94055
Mark R. Garvey, Esquire, #312686
Portfolio Recovery Associates, LLC
120 Corporate Blvd
Norfolk, VA 23502
(T) (866) 428-8102
(F) (757) 518-0860
Attorneys for Plaintiff
11-66197
This communication is from a debt collector and is attempt to collect a debt.
Any information obtained will be used for that purpose.