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HomeMy WebLinkAbout06-6600t 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff No: 0(a - U66 VS. COMPLAINT IN CIVIL ACTION VICKI HARTMAN Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05467912 C A Pit CXC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No VICKI HARTMAN Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, CAPITAL ONE BANK is a corporation with offices at 6851 JERICHO TURNPIKE #190 SYOSSET , NY 11791 . 2. Defendant is adult individual(s) residing at the address listed below: VICKI HARTMAN 34 BELL AIRE AVE CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number 5291152053853269 . 4. Defendant made use of said credit card and has a current balance due of $1997.75 , as of October 27, 2006 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 25.900% per annum on the unpaid balance from October 27, 2006 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 111" and made a part hereof. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for judgment in its favor and against Defendant , VICKI HARTMAN , INDIVIDUALLY , in the amount of $1997.75 with continuing interest thereon at the rate of 25.900% per annum from October 27, 2006 plus costs. Jam s . Warmbrodt,42524 WE , WEINBERG & REIS CO., L.P.A. 43 S venth Avenue, Suite 2718 P'tt urgh, PA 15219 014 434-7955 t?NX67912 412-338-7130 C A Pit CXC This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. au cre Your account is delinquent. _ r to To protect your make a paymendit with us, you need We want to help 1 - ;< We can help-but only if you call us. t' --I When you call, you can make a free check-by-phone payment. Return your account to good standing. It's up to you to take the first step. Call us! 1-800-479-7231 ou-M CapualOne* Account Suutman Previous Balance $932.34 Payments, Credits and Adjustments $49.00 Transactions $5€.00 Finance Charges $20.32 New Balance $961.66 Minimum Amount Due $961.66 Payment Due Daze May 19, 2003 Total Credit Line $500 Total Available Credit $110 Credit Line for Cash $500 Available Credit for Cash S.00 At your service To cZ Cunomer Relations or r.• repon a lost or ttolm card: 1-800-608-5227 For fre online account service end sp-.1 out- offers, log on to: .vww.mpimlonemm Send pal a to: Smd intry o to: Attn: Renutunm Proeasing Capital One Senim Capital One Swices P.O. R. 85147 P.O. Box 85015 Richmon(L VA 23276 Richmond VA 23285-SOL Important Account Information For service in Spanish, please call (8o0) 929-€137. Para servicio en Espanol, por favor marque 800-929-8137. n COLD MASTERCARD ACCOUNT 5291-1520-5385-3269 MAR 20 - APR 19, 2003 Page 1 of 1 Payments, Credits and Adjustments 1 21 MAR DEP BAL OFFSET - C/O $49.00 Transactions 20 MAR Ol ERLIMIT FEE 3 19 APR PAST DUE FEE $29.00 29.00 Your request to close vow account has been received. Your account will be dosed when it reaches a $0 balance. Until then, you will continue tc receive statements and must continue to snake payments. AB terms and conditions of the account will apply while a balance remains. Please remember to cut your cards and cancel all charges which automatically bill to your account You were assessed a past due fee of $29.00 on 04/19/2003 because your minimum payment was not received by the due date of 04/19/2003. To avoid this fee in the future, we recommend that you allow at least 7 business days for your payment to reach Capital One. EXHIBIT Finance Charges Y& Pie-w revniee szder important information Bal- a, P r E -1 FUZ -= ?, er E 1 PURCHASES 5661.89 .07096% 25.90% 51456 CASH 5261.83 .07096% 25.90% 55.76 ANNUAL PERCENTAGE RATE applied this period 25.90% PLEASE RETURN PORTION BELOW VtnTH PAYMENT. C__P M0V 0000000 0 5291152053853269 19 0961660037000961663 New Balance 5961.66 Minimum Amount Due $961.66 Payment Due Date Mal 19, 2003 Total enclosed f Account Number: 5291-1520-5385-3269 Capital One Bank. P.O. Box 85147 {{{nnu{{u{{t{t{nl Richmond, vA 23276 {n{t{nl{nt{t{{ut{t{{u{{w{Im{{m{{w{{w{{w{{m{ pi-.-I _W.r ai,- andm r-raau coaaru tielam -.1, haw m>-i ink ,are. Apr e Suu ZIF Home Phone A)-- Phone F EmiL Adams #901_1059020159749# MP.IL I) NUMBER VICKI HARTMAN r a 34 BELL AIRE AVE CARLISLE PA 17013-9600 N _ ° ? {w{{{utll{runt{{a{{t{t{nt{{u{t{u{tlunl{u{nllu{t{ c,Y0grzl 3L5(- Please unite vow account numbs on yore rJreck or monev order made pavable to Cassia' One Bank and mat: m the enciwed enveiope. 0 2002 Capital One Services, Inc. Capital One is a federally registered service mark. Alt rights reserved. s 1. lbw 7. Avoid A Fiume Chrga. pemric rate, To obtair: the average daily balance tun the your accoum if it has already been closed. Far example, f a. arses Pried. You will new a midmurn grace period of billing peripp covered by this statement, we take the it you authorized a purchase from a merchant and we ralliallilit 25 days without finance charge on new pur[iwsss, new beginning balance of each segment each day, add any new receive the transaction tram the merchant after your balance Iran ite s, new special purchases and new other trarhsactias to each segment , and subtract any payments accotm has been closed, Your account will be reopened, gaaaaa charges it you pay your torsi -New Balance-, in or Creeps. (It The Code N appeaR The front 01 this ' The amour at the charge will be added to your account, ecrAfdanhCe with the important Nmice for paymets below, we also ramme sm next to 'Balance Rate Applied To, and You will be res{wMide to, payment. It there is a and in time for it to be credited by your rem Statement subtract y unpaid finance charge Included in the balance membership tee fo you, account, the fee will comvue closing time. There is no grace period on cash advances of each sail ett.l This gives us the daily balance of each to be charged, to the extent bemltted by law, until the end special monslers In addition, them is no grace period segrnem. Then, we add up all the daily balances for each a-- balance has been paid in full as defined above. on any trarwction if you do not pay the Loral -New segment for The billing earned and divide by the loud 7. Using Your Areama (.Your "to Or account cannot be . balance' number of days in the billing period. This gives us me used in connection with any imemet gambling - b. Arresting Fines. Charge. Transactions which are rot I average daily balance of each segment . turh6actIr6. - Subj ct to a grace period are assessed finance charge 11 I Arsral Pato masip Rata IAPRI. J = from the date of the transaction or 2) from the date the I a. The term 'Annual Percentage Rate' may appea, as BILLING RIGHTS SUMMARY transaction is processed To your Account or 31 trap the 'APR' on the trore of this mamprem fin Case Of ErmR Or Questwrre Abae Your Big! firm calendar day of the cornet billing penud. Atlditioralh, b. If the Cade P (Prime), L (3-ma. LIBOR), C (Certificate or If you think your bill is wrong, or if you reed more it you did rot Pay the 'New Balance" ham the previmes Deposit), or $ Mankcam Prime) appeaR on ins hot of ' intma atipp on a Inumeien or bill, The m w an a billing period is full, fine- charges -1- to accrue to odic this steamer next 10 The periodic rate(s), the p separate enact as soon as possible at the address for ' your unpaid balance until the used balance is paid in full. rapes and cumespardrng ANNUAL PERCENTAGE RATES npulries all- on the tram of this mapemem. We must This means That You may will owe finance charges, even if may vary domedy and may increase or decrease based hear from you no later than 60 days after yes Sam you the ' MINIMUM! you pay the entire New Balance indicated on the from of on the mated indices, as tard in The Wall Saes[ firm bill on which the arm, or problem appeared. You can your statement by the next Statement closing Me, but rid Journal, plus the margin previously daclosed to you. all our Cummirm Relations -bar, b- doing ao will rim not do so tar the previous month. Unpaid finance charges These charges will as effective an the first day of your preserve your rights. In your lenen, give us the following are added to the applicable sepmett of Your Account, billing period covered by your periodic Statement ending information: your name and accou t number, the dollar = t c. tlYrtaatan F.-.. Clues. Fur each billing period ma! i the months January , April, July and Oc oner. mount of the suspected error, a description or the stmt your account is suugect to a finance charge, a minimum c. If the code D (Prime) F (i-mo. LIBOR) or G (3-mo. and an explanation, if possible, of why you believe there is _ tool FINANCE CHARGE of $0.50 will be imposed- If the LIBOR Repriced Monday) app-. on the fret of your an error, o, if you need mom mtomation, a description of S oral finance change rasufti g from the application of your statement hac to the penodim rape(s) the periodic tares the ium you are unsure about. you do hit have to pay any penoec rate(s) is less than $0.50, we wall subtract that and corresponding ANNUAL PERCENTAGE RATES may apnant in question while we are investigating it, but vent amount tram the $0.50 minimum and the difference will be vary mtmNv and may increase 0, decrease based on the are mill obligated to pay the parts at your bill that are not billed to the purchase Segment of your accounl mated indices, as foxed in The Wed Street Journal, plus in question. While we investigate your question, we Cann Te,rparry Rtbration in F'nrtoS pugs. We reserve the the magin previously disclosed to you. These changes capon you sa delinquent or rake any action to crapes the ngm To rot aaaess any or all finance charges for any given billing penOd. will be affective an the firm day of your billing period each month. ton- you West)-. 2. A-M. Dally Balance Ibsekrdi g Now Fvernesl. c. A.-ant at Lars, Ovefiait and Rnreenad Fwarsee F.- = t Special Rule For Credit Card Purchases a. Race charge is calculated by multiplying the daily Your account will be assessed an more than Two of The tees _ balance of each sagan- of your accaet (e.g., -an limed here that occur during any billing period. Under the It you have a problem with the quality of property or dvarce, purchase, special transfer, and special purchase) b terms of you, customer agreement, we reserve the right to rior notification to f ithout i t Services that you porn Sell with a creel[ card and you onsiss; een by the correspunding daily penodc rate(.! that has previously disclosed to you. At the end of each day during ve on not o assess any ees w wa p you will= waiving out nghi m assess the same or smiler have teed in good faith To correct rfe problem with the _ [tie billing period, we, apply The daily periodic rare for each ll l n e f each f th d b Ita$ an a later rime. It a membership tee TRrtawtr Yaa Account 5 merchem, you may have the Tight rim on pay to henetring moon due on the property or services. You hove this y Segment o your account to e a a a c o segro mt. Then at the and of the billing period, we add tC g . . appears on the from of this Statement, you hove 30 proecnen omy when the purchase price was more than • the resulm of these daaV calculations To arrive St Your days from the date this sumemene -a malted to you to $50.00 and the Purchase W$s made in your hate mate o within 100 miles of your mailing a0d,ess. (1t we own or periodic finance charge tot each segment. We add up the avoid paying the fee or to have such lee cradled 10 you h d i operate the merchant, or I! we mailed You the resorts from each segment to arrive at the total penochc finance charge to, you, acco[m. To get the dally balance e per o , you may if you cancel Your account. Duping t ..it - to we your account Withota having to pay lhE :d-rd-e' for the property or Services, all purchases i f h for each sepben of your accost, we take the beginning membership tee. To cancel Your account, you mum purc are covered regardless of amount or locat on o ase.) Plains romembe, to sign all ccomspadencs balance for each segment and add any new maisacbxe are any periodic finance charge calculated an The previous notify us by calling our Customer Rates- Department and pay your 'New Balance' in full (excuWg the day's balance for that segment. We then subtract any emberahip %e) prior to the ad of the Thrty4ey period. t Does not apply to consumer non-cred7t card accounts ' payments or credits posted as of That day that are allocated B. If You floss Your Aecarat[. You can request to dose to that Segment This gives us the separate dally balance your a..- by telling our Cumom.n Retail- t Does no, apply m hi si r- apa-credit card accounts for each sargrnem of your accauc. Howe-, if you paid the Department. You mum demroy you Credit Cells) end New Balance shown on your preview Statement in full to, access clack., cancel II preaumonzed baling, end ran - Ci trim( One supports Informal- privacy protection' see our if your new balance was zero o, a creep amounT, new rig your imeoi [. If You do not cease = halm m wvyw. ptalae.can. ransactiors which pas To your purchase or special a preauthorized billing arrangements, we will consider , Gael I One I. a federally registered service mark of Capital Purchase aegrrents are nap added to the daily balances. We receipt of 8 charge Your auhorizetion to reopen yout Gas chancel Corporation All rights reserved. is 2003 calculate The average pally balance by adding all the dally account. Adtlitiaai your amount will nap be closed Caput One balances Together and dividing the sum by the number of until you pay all amounts you owe us including, any the days in The current billing cycle. To caloaam your total transactions you have authorized, finance chmges, pas. f h C. finance charge, multiply your average daily balance by the daily periodic rate and by me number of days in the billing ees, cas due tees. -rum' taw, rap hied payment advance fees and any other tees aesesbd to your O period. Due to roundirhg a. a daily basis, there may be a account. You are responsible for these amd-. whether slight v riance be- this cW.u afton and the .maenl of they appear an your account ra toe time you na,- In o finance charge -cruelly assessed. cities The account or they are incurred Subsequent to h. If the code 2 or N appeals an the trahr of This Statement your request to does the account. This may result in reel to'Balance Rate Applied To,' we mumply the ever ace gaily balance of each sedmem by your monthly thl • charges appealing on your account after you hove moueat d its accou . t be closed or the mooeirg of OILGLBAK 22142M Important Notice: Your payment will be credited to your account as of the date we receive h, provided you send the bottom portion of this statement and your check in the enclosed remittance envelope, and your payment is received in our processing center by 3 p.m. Payments addressed to our Virginia or Georgia processing center must be received on a business day by 3:00 p.m. ET. Payments addressed to our Washington processing center must be received on a business day by 3:00 p.m. PT. Please allow at least five !51 business days for postal delivery. Payments received by us at any other location or in another form may no, be credited the same day we receive them. Our business days are Monday through Saturday, excluding holidays. Please co not use staples, paper clips, etc. when Preparing your payment. 04 To protect your make a paymendit with us, you need Your account is delinquent. to We want to help! i We can help-but only if you call us. When you call, you can make a free check-by-phone payment. Return your account to good standing. It's up to you to take the first step. Call us! 1-800-479-7231 otetato1 CapitalOnea Account Summarv Previous Balance $%1.66 Payments, Credits and Adiustments $•00 Transactions 564.00 Finance Charges $2129 New Balance $1,046.95 Minimum Amount Due $1,046.95 Payment Due Date June 19, 2003 Total Credit Line $500 Total Available Credit S.00 Credit Line for Cash $500 Available Credit for Cash $.00 At your service To cell C--. Relation. or to report a loa or stolen -& 1-800-608-522/ For free online account senior and special automer off-. log oo to: wwa.,xpita --, Send pm.. to: Send inga6es to: Attn: Remittance Processing Caputal One Smi- Capiul One Semees P.O. B. 8514; P.O. Box 85015 Richmond. VA 2327, Rkh...d. VA 23285-501-1 or[ant Account Information Capital One is a proud sponsor of the American Film Institute's CBS primetime special presentation -- ".AFI's 100 Years 100 Heroes & Villains: America's Greatest Screen Characters." Of the centurv's great film heroes and villains, who is the greatest hero and who is the greatest villain? Will the list contain Tames Bond, Rocky Balboa, Hannibal Lecter, Catwoman, Indiana Tones. Norman Bates- To find out the answers to these questions and mam more, tune in to CBS, Tuesday, lune 3 from 8 11 PM (EDT./PD71 7-10 PM (CDT). a a GOLD MASTERCARD ACCOUNT .529i-1520-5385-3265 APR 20 MAY 19, 2M. Page 1 of ] Payments, Credits and Adjustments Transactions 1 21 APR OVERLIM'_T FEE $29.00 2 19 MAY PAST DUE FEE 35.00 Your request to close vour account has been received. Your account will be closed when it reaches a $0 balance. Until then, you will continue to receive statements and muse continue to make payments. All tams and conditions of the account will apply while a balance remains. Please remember to cut vour cards and cancel all charges which automaucally bill tc vow account. You were assessed a past due fee of $35.06 on 05119,'2003 because your minimum payment was not received by the due daze of 05.119!2003. To avoid this fee in the future, we recommend that you allow at least 7 business days for vour payment to react: Capital One. Finance Charges e Please ire resew Ad jaa, important information Baim..rae. Pmol y o C mf? ,p/ dm rmr AP R PURCHASES $732.37 .07096% 25.90% $15.59 CASH $267.56 .0709690 25.90% $5.70 ANNUAL PERCENTAGE RATE applied this period 25.90% PLEASE RETURN PORTION BELOW WITH PAYMENT. CapFtMow, 0000000 0 5291152053853269 19 1046950037001046957 Net Balance $1.046.95 Minimum Amount Due $1,046.95 Pavment Due Date Tune 19, 2003 Total enclosed $ Accoum Number: 5291-1520-5385-3269 Capital One Bank P.O. Box 85147 111unn111nt11{ut1 Richmond, VA 23276 11111 16111 11111111111 11111 11111 11 P-, mint -1.f addren tartar e-mail rhmrn belay,-.fits, m Mari m,e Snee; hoc F svu ctty Homr ph- Al- Ph- E-L Add-, #9014059020159746# MAIL Jr: NUMBER VICKI HARTMAN r °i 34 BELL AIRE AVE a° CARLISLE PA 17013-9699 ° s {nt111nt111uuni{n1{t{t{ut1{u{?{u{t{nut{u{u{tuts{ Aease unite vow ao oun: number or. vow check m monn, order made payable to Capital One Bank and mail in the enclosed -elopc. Q 2002 Capital One Services. Inc. Capital One is a federally registered service mark. All rights reserved. ?L Z ti ti [i [i C c Q N t er. area! Period. You will her- . mMmun gmce Period at 25 day, "Thou, finance Charge on new purchases, balance'rancham, new, Special purchases and new other charges it you pay your Imal 'New Balance', is accordance Win the Important Nonce for payments below, and in time Tot n To be credned by your next me se sm dosing dale. There Is ne grace period on cash advances and special tommers. In addition, there is no grace penotl any ,- =I- if you do nor pay the total New baanc," It. Amwump P'- Charge. Transactions which are rot subject I. a grace period are assessed finance Charge 1) hem the date of the transaction or 2) from the time the transaction is processed to your ACCounit or 3) from the firsr Calendar day of the current billing period. A klitioneliy, if you did rot pay the -New Balance- from the previous falling period In full, finance Charges darm"we 10 'Cove In Thusrnea id ?o nce , it me boost d balance is Paid IT, hk you may mill awe finersz charges, even N you pay the entire Now balance nndcated on the thorn of your statement by The ned astement dosing data, but rid nor do so for me previous mornh. Unpaid finance charges are added to the applicable segment of your Account. tc. Mimaan Fneram Charge. Far each billing period that your addamr is aspect to a finance charge, a mirimun total FINANCE CHARGE of $0.50 will be rmppeed. If the total finance charge rearing from the eppiication of your periodic am(s) is less than $0.50, we will subtram Thai amount from the 00.50 minimum end the difference wilt be billed o the purchase aep?mnern of your accpart t d. Temporary R.duetien n tuner Chg.. We reserve the night to nor assess any or all finance charges for any given billing period, 2. A-we Daay Be,- li naahdng New PrMUSSsI. e. Rrxrce charge is calculated by mumplying the dally blience of eech aegmat of your account (e. g., cash advance, purchase, special transfer, and Special pureneeel by the Corresponding daily periodic rate(.) that has been prewouay tliscloaetl to you. At the end of each day during the billing period, we apply the all periodic rate for each segment of your account to The dally balance of each segmeam. Than at The end of the billing period, we add Lt. the resulis of These It calculations to arrive at your periodic finance charge or each Segment We add up the results tram each segment to arrive at the imal periodic finance charge for van acc urn, To gm the daily balance fa each segment of your accepts, win take rte beginning balance for each segameam and add any new ttataactins and any Periodic finance otarpe calculated on the previous day's balance for that segment. We than Subtract any paymems or credits posed as of thal day that are allocated to Vol segment. This gives us the separate daily balance or each segment of your accent. However, if you paid the New Bala... shown wit your ponaI- somennem in fill (or it your new balance was zero or a Credit amount), new tradeactlors which post to your Pare. or special purchase segments are not added'. In. daily balances. We car came the average daily balance by adding all the billy balarnces ax stain and dla"M the sun by da number the days in the current billing cytle. io calcWate your total finance charge. muluplv your average daily balance by the daily periodic rate and by the number of days in the baling period. Due To roundrg on a daily bass, them may be o sihght variance between dos cal.ohnion and are amount of finance charge actually assessed. b. It the code 2 0, N appears on the front of this samemem nee to 'Balance Rare Applied To,' we multiply the averace daily WiTince of each segment by your momMy 21909M periodic rare. To obtain lire average daily balance for the billing penod havered by INS mme nem, take the beginning balance of each segment chi day, add any new Trmeactions to each segment, and Subtract any payments or credits. (If the code N appears on the from of this statement Mere to 'faance, Rate Applied TO,' we also subtract any unpaid finance charge Included in the balance of each segmem.) Ths gives us the daily balance of each segment. Then, we add up all the daily balances for each segmern for the billing period and divide by the total number of days in me billing period. This gives us Ina average daily balance of each segment. 3. Aurual Pancerltage Rotas Iill e. The tam -Annual Percentage Rate' may appear as APR' on the tram of this statement b. If tie code P (Primal, (3-mo LIBOR). C ICertificate of Deposit), or S (brinkrard Prime) appears on the from of INS aaemem ran o pe periodic stela), the Periodic ,saes and corresponding ANNUAL PERCENTAGE RAT FS may vary quarterly and may increase m decrease based the Stated indices. as foul in The Wall Street Journal, plus the margin preaousiy disclosed to you. These charges will be ehectlve on the firm day of your billing period covered by your periodic statement ending 'n the months January April, July and October. c. Ii the Code U (Prime), F 0 -mo. LIBOR, or G 13-mo. LIBOR Repriced Monthly) appears on the into of your Statement ear' to the periodic mtelsl. the periodic rates and conesporMng ANNUAL PERCENTAGE RATES may vary monthly and may increase or decrease based on Ire mated indces, as food m The Wall Sheet Jmnost, plus whaill be effective an H? firm ddaa tof yyou, our These changes y r falling period each mornh. Your . 4. Anow? of La., overpass rid a Playmates etas VOpt account will be assessed no more ore than n two of me fees limed here that o orene, , dumng .9 any tbilling , - period. reserve Under the terms of your coma sot, the right to will not to mosems O any lees a ho prior notification to without waivi% ng sir, ngM to as.. sess tie same or similar feet at a late, time. 5.',Rww^* p your Accars. It a membership fee appears on the from of this sp tern you have 30 days from the date this matemern was mailed to you t0 eyold paying The Tae or I. new, Such tee cradled to you If you cancel your account. During INS period, you may continue TO use your account wnhouh. having to pay the membeahip tee. To cancel war account, you mum rarity us by calling our Customer Relations Department and pay Your'New Balance' in full lexeudng the mambeol fee) prior to the and of the TNrtv-tlay period. fi. If You Casa Your Acl call. You can equem to dose you, account by calling air Customer Relations Department. You mum destroy your credo card(S) and account access checks, cancel all preeudionzed baling, end cease uainp you, account. If you do rat emeel preaumorized bdllrg arrangements, we will -.do, r -opt of a charge your auinentation to reopen yajr account. Additionally, your account will rot rx cased until you pay all amounts you owe is including: any transactions you have authorized finance charges, oam due acs, .-door, fees. rmumed payment fees, cash advanic i fees and any other fees assessed to your amt. You are responsible for these amounts whether They appear on your at- at the time vent request to close It. accmnt or they are incurred sbse uera to you, request to close the account. This may result in charges appealing on your account after you have your at-, n t ,es „ u war u . _. -- f you authorized a purchase from a memclam and we receive the transaction from the merchant after your accoam has bean closed, your account will to happened, the amount of the charge will be added to your accourr. and you will be responsible o, Payment . If there is a membership fee for your account, tle lee will continue to de charged, to the extent permitted by law, unil the ouan balance has been paid in full as defined above. 7. ling Yew Amout.Your card or accent, canner be used In curnec .- with any intemat gambling Tarisectione BILLING RIGHTS SUMMARY tin Case Of Errors Or QU.stiae Abma Your Bill) If you think your bill is wasng, or if you reed more information on a ttaoeschan or bal, write m us on a separate an- as non as Misalde at the address for inquiries shown on the from of this aetmnem. We must hear tram you no later than 60 days aher we sent you the fire bill on which tfa error or problem appeared You can cal our Gstomer Relations fiptirbet, but doing so will no preaerve year Sigma. In your letter, Ave us the following intonnaion: your name and account number, the dollar moue of the sumpected error, a description of the Timor and an moll ration, it possible of why you bekeve Irate is an fromr, Or it you reed mom Intorm.Uon, b ca"Cophen 01 The item you are mature mou. You rip ref have to pay any amours in question while we are irf-igstkg it, but you are stiff obligated to pay the parts of your bill that are nor in question. While we invesu me your question, we -- report you as delinganm or take any action to collect the amount You question. I,t Special Rule Par Credil Card Purchases if you new a problem with the quality of property or services trot you purchased with a credit cao and you haye Tried in good faith TO coriec, trie problem won the merchant, you may hove the rigor rat to pay the remarrsng amfalm tlue an the property or serapes. You have INS protection only when the purchase price was more than $50.00 and the purchase was made in your home mate oh within 100 miles of your mailing add- (11 we own or operate the merchant, or It we melted you the adverasemem or the property or setvicea. all purchases are Covered regardless of nine= or kicanon of purchase.) ?'. Please remember to sign all correspondence. t Does not apply to corsrnnm non-credit card acdndnds t Does not apply to hnsines non-credo card accouns II Capital One supports information privacy protection: see our webram 91 www capileiore.mm, Capital One is a federally epead aerate mark of Capital One rrnencial Corporation. Al! i rights reserved. 0 2003 Capful One 01LGLBAK Important Notice: Your payment will be credited to your account as of the date we receive it, provided you send the bottom portion of this statement and you, check in the enclosed remittance envelope, and your payment is received in our processing center by 3 p.m. Payments addressed to our Virginia or Georgia processing center must be received on a business day by 3:00 p.m. ET. Payments addressed to our Washington processing center must be received on a business day by 3:OC p.m. PT. Please allow at least five (5) business days for postal delivery. Payments received by us at any other location or jn another form may not be credited the same day we receive them. Our business days are Monday through Saturday, excluding holidays. Please do not use staples, paper clips, etc. when preparing your payment. CUSTOM! welcome he Capes or-* we are piwd to have your 002 card Venom The Csslow Agmermot cordons edom efo+ abMA yaks arxouht. Please reed t and law I for you tecrds Your cord TW win ua fr to card and accord rft Ag/eoerht) consists of pis CudDe w Aghast top lien sgb anY drogee ID this Cusbmer Agresssrd tat e1 make as propidd below, the Seoaly Aeeourd (d applicable). to Swft Account Aofpeaeni AgmeDrerrl (a appiobk). CaPbJ On P&MY 118102, DRY amui dsdoaaee prDrdad and dshwed 1D you Ipbr In or a fly tens Your accoead pPae 4 irdudng dsdmxn Purswnt to mqueemns of aTruth nt rioin Landing Act td rges puereia Adornd any Dwww as and erhd ee') as e'a? /1ul?awl your *nabn {neMrdsp ID take d gk=rnrored and y It aeros Sala ? Or O1Mr eznca at •rrryY afateods or on any any Pp n• igurs. rider In ni ad on you account. n In „s??ftiion nbr waft to, each, a pat fir eedx pozon who and I ?d thappacaa?uiioNel) end b anyone she who is sutuorad In uses to 1=onsd in awry way (mu t,-n lk*o and Usaf'? E=0 s spa stated hares, such of You gs YhdiMmIly and . obligated under this Aproenerd. The words be; 'us' nd 'Due meen Capital One Brdc and Is sucossors. assigns. aprde mdlr ardtat2d repsmaw wee, r fie spplpeon br the account slated test to araN ref be e 'AV^ Account' td; careers the Wds you here pledged b us tab noose Yaw account This Apaanwi and to Seaaty Acco ni Assignment AgraffW f 11 applicubb) do rd OW3 R AGREEMENT o sdl k4 am / those tmsacbrs reshot in an war knit to. and those ti>trcfctfoaa and bas are be subject to this Agreement and the Set urtY Accaknl Assignment Agmen-d (11 appiitable} Any trmsadons honored in excess d you ce kdt will rn1 n " n an ncsase 91 yrwr =A time unless we apnssN no* you otwwse. Addtbmat Baseta lard Senricac. Frown tier b fns. we may otkr You baWm fhd :envoys with yad amoutl These brhdta and nrrxet nay be PIO' bit a at Mw Parma Una wpm rude a pad of tags Agreement, and wend s provided n to Arbkslm ftrlsion below. fry soon berrks and srvfrm are rd ¦ Pad d enis Aglaeent and ail subject cad/ b to am and COnldiion DLt*W n the bwWb or mvieas bmdwm ant dies official door" ens provkad b YOt with respect to pe hmdb and nmi= . we may adjnst• add, or debt benela D sewioss of asl'sna in accordance we for bro , of dooneas you receive n addibn. wV such bsneik or servos okrad to You orates and serwa d ft C"& b Benebr' steal repay am supaeede the M had been 1010 to You in al Prerors vaabns d to 'Guide to B@rwft .glad bdler notice. E=W a tdovcled by novice few. we ore not liable to bratift?r srvLxs P°o'ibed by tend 1w'" or to edge a or omr M d those appy to rig CAM Capp1 One Bade w=" I* you may hare. star we or In the fiubaee? as Plvbed b !e At>?don Provision below. l)thlest you hoe wield iio a Saari Aaaunt Asnpaerd W .-d 0 us. 1. accountepp t Js ? -W. Fxoq s posy dad n n Sawafg Ac?untASip d to :Dodd h rdrteean0 by ar7 ehtar progefty. lgprdlnc d to Was fry cater ooirld b which you end we in subjmat We on dent w&ckV ag of mx rib Indan this Agrxmrd wf/wd being 401. The card s and resoles our property, and you will surrender lt to us st any tree upon request. Assigamrd. We troy bander your account the SwurW Amur (a apPioble)• the Seoahr Amwi Aaegrrwi Agreement (t applicable) rdr me *a ode this Aprwen t to an assignaa The assignse ref take our pace under to Ap eemaK the Sstselp Account (11 applicable) and the Sead4y Aosu I Asdpnnw- Agrssmerd (i appieatb0) with Suspect to the awwrenfs end votress waro cod. id otarvva or any ad be as M ' of Capital One Back You mud pay the ssslpsae r transfer awsmud of yaw dphhabligiadr to Aplnre nit the Sam* Account (I applicable) to Smartly Account Adpmrert Agreernaant (t applicable) In f tans A rW&Y Wit will 011 i pea wrYbn consent Su" of led ore6ve successors. assigns and be binding nd bur to the boreal your a • Using Yaw Acoeuat You can meth pirdases and obtain cash advances (i cash dvarCe9 fe n dplan for you acccurrp by hskg you ord. account number and fw atmu i access dmda fahrktdaq Purchase Chrd Comenince Chuclm Spacial Tmsbr Chador and star crier chucks) taw we mat' send to you. Addion*. You may rageew a sap I*rT d on accord access days. but se reserve the right n dranga you a fee for such w"caa. Who we provide you nth acnoud access dada, we will ball you whether bay will be heated as purchases, cash edvan= or sped transfers. Unless se bit you wwmise. Convert CIe:IS wf :Ways be reeled as cash advances. we cosy esb sh dilbad segments for your aczaunt such as a purchase sagmrd a cash advance sepment and a spacial Each sopro t busy be ninjed to tams and cndikbns tat ail different than tow tal are applicabta b olw aeg nan . our iebflftr, t ant, for wry wrorgtrd doom of an sm=og amass dmk is knifed b T actual drnegec and shall tat s>cl de any conssgvant0l damages. and in rio event exceed fhe amount of to dew InterthN r lkgw You agm col In use to card or acaunt in co nsc on sib any gambling rmascilm but any hnlerm or legal pambkg =mob= in which you mpega wain to card or a, , I rcvartdos will be subpd to Oh's Agrawat and the Saaak Aecasd Asgrnent Apraanrd (11 appfioble). _ use. or Yaw wd and acc:Dult may onlIr be used for valid and auhxtn xwwm Was to use, the w r sceaad for M UrrbWbA r haP?emissibk Props you d be msponsble bee such use find may be required In lhnbume us and MestrCad n s that USA, Inc, 'Visa,* as lapappl Ces C1 L1ee wmsorsl 1 smaada or rCror %cz& tat we or they pay as a =9 lag such wdraW c imperrnislae use. In any evsnl any unlawful or irmamrstale trarradots in which you ngsge with to and or account nevertheless will be =Wit In this Agnwtnt and the Secrty Aeme.'d Auw9wet Agreement (t applicable). You Was the we w not 1sPors3 1 a anyone refuses to how your card or sawL I you hod a prior oath card or *w scoord wth us, or such an amount or balance of Such an amrnunt was vaslensd to us or one of our statute and you agreed a raw" to btano of Do prior wcourrf In the form of you new account. 0* new account will aL41a -shyly! charpaa boa to dale that the new account 6 opened. ALftdnd ow at not brdaey responsible for the accanl M authorized user may use a ran end. on mWM tertan amount eromrfbe and can regraS to be mewed 4qn to a=wrn Sd*cI In our dlaaelm on wA rtrsd tsr may not be able IDs irdi ale YOU ?. to I)MOCIS US WM In Orename ,date of birth our AM's to uss, your birth and stew meoft nbmafion we may rrprest Exdarge Rata. K you make a sa sacion in morency arm tan US. dollars. VISA Interregional or MsbrCatd Inmate wit c xwen to large tr as& Into a U.S. dollar amrad In a= dance wit% their gwakq regutafas or cobvrt on famdures in area w to we to tasaelos is Prorseed. VGA Hernafonars regulators d? pneoWees puovW pal elleclin Ape 2 2DD5• to exduerge raft bearsen the taaaclph t9nency and ft b*j amnccy used for processrhp Wamafmd srrssclao Is alley (1) a rase selecled by VISA born the range of a, which rate may r ", , c nmr., mwlrs for to applicable twnbal prbtesin0 data, w vey been the sae VISA bet receives or (2) to gover:rrid natdatd tale in Mect fr the 0ppio1ie anbel potesainp dab MislerCad Inerratonsts regulators and procadues pn'be 4e currency conversion 1t A tars is Ww (1) a wholesale market ilk or (21 a qws A1A°nt vrendaled rate In effect on tae day of the xnhd proossirg dale. Cash our "ow In b drt I cesh advances we an tars i o we eepp o for ? rrdn? can on your motnd purdah p Oensuclione' At ash atp*Wmt bastcbm reel bl tvatad s cash sOrsncas 110 wit be 2Nd b to Cowl advance w2co d of yon account. Can M **N rmsectios include, wDed kwWon. to pudase d rare imnew moray orders. bets. IDWY tors, aseio p n ng drips and War simta Products or savices. Nonnp n Ts p n"ph will be htaxpmW m vaidae"vasadmm tal is unb%U or n?amsbk. (a Cro& ? k4allr at t any later *w we disclosed when your account IS opened tat sp* b slant vVear s of your account (Such as purchasw ash advances and rxPadd tlrndas? Yw osrad tdfdl bhlc eel be fdarn0ed n you Permds stem ra Yoe epee net to abw to balance of your lrsshad (thdudmp chaps lansa ad oleo bs or dwpwsa the balance of to "guar" of ras asoa! b exceed 1M appecs0la awn knid t lave ban given to oPton to ndassa yw 084 lei by awdiq fiend; b your Cud 2= a p applicable). we reearve h rlQhl rhol b ewreeee Yes gas kml a Or fhnnhea are provded whk You aecorsa le n rbbuU. INS MV/ Iinraeee OF die Yand WN; at our aedk kNk a &W arm faalard glen near b you. cony fi0Y an Nhaul pea mote b You. may sry ka bit to hens firs let cash adrarrs or may tab asey yw ably to oban cash advanors. We nay how asnmcbns in sires of you Mailag Psymrrts, you p err ee b pay us and art fable for al awns due Rsurirp tore to sutnrimd use d you cad or aecoorl ids 0 - any firanx deign and cow do" des ads the tors of 96 Agreement P1Ym wft nsa be wads to U.S. doles. Ptyowds ands by a dodo mousy order or other nagoaebla kown@ t (as'Aeml mcsb be in a ben accepablt 10 us and be dtawP an a US ksmdal hswubr. We may abcat Wynans and offer credits and prtteeds among to vrfous d yo t so:ourA and to snags and Mk*W due wlhn aaoh aepnanl m ny M vm dafmke, Including balances ryoldsq raw Varssdres) wen low erw11 Pertrdaga rats (APRs) before balances wile higher APRs. Parma you sal to us at the address for payment stow an your peroft elaleme I reel be radde0 b yaw amud as d to business WY we mceive A 111 (1) you send er rsrrnfance coupon pwkn of your pw-k eu --. a and your chuck in to rnil0roe envelope Provided and (2) your paynnerl 6 mosired in bur processing wwtW by the tree krdio0d m Your ParOdc 311119mnent P1aase aNDw At 1123150 (5) business days for POSW dsivey. PaYnans lxived by US dV1 otm botion at in any ahr iDrm may nd be aedaad as d the day we 1cawy throw our braness p our discretion sob * - Saw ogy, adu&V h?a WdCc. g t we ar1dt we &=availability epa a t a M Is, ps rr" w sous offer pace, we cosy delay the ct d*V of tax Payment for hp b be e (5) (5) days. This may tehSe you to sour lele PaYrwn gees and addifi" finance charges. and may result in ms accourd bm% declared ID be in dda=tt Any orison psymwd tlat is due we be sated in you pedodx stabmem YOU mug pay at kno f re minenum payment due by the doe stated in Your penode staww to vied a tat Pernen; iee. H--w. you ^ay pay mono elan the rninilrslln paytrrd of pay to balance it hill. In ww case, inw= Charges will mytirare b be westmd dumng bOV periods tlW you carry a balance moardiest of whalm or nol your sb ma a shoes a ru nknm wfn*M due. et n We can accept kk lerpwas or partial paymems. or tams craned "pa,outs bur or new *rAw briam . or payments with a request to sppl ? the payment c a particular saner, withal Iosap any of our highs urdr ft Alm-TK kridkq war dgK to acne peymem in furl No paYmed shall operate as ac accord and SaWlatbon wMM our pw wdMrn approval AN writer. cnrrewrieebrs dhpuad anions, including nY check or other paynrnt eafhsrant= awl the prymarl congaris'paynsn; in tun of the wrcw owed or that it tendered win Dler mn&= Of knife KX. Off 25 WE srbacior of a disputed smioad rwd be melad o debered m CaPtil CVW, funds Boss LVID• RidmncL VA 7 L'>-5D10. You will not make paymems from Dbakad ban 4e accoad of arty Dthar dedl =DO ant us. t Your Paynem E mods b eery other address, we mar accept the peYwnt wMOul ban; ern' of Dm When you seed ha check(s) to rata Parretti On Yea amUK You authorize us b W male a Ora-tme tMontc transfer from Your banka-ctntdd for taw 2"IDUM Of ore deck s indicated by nunertel dgls. This tutwdaiiw applies to as dheCk(S) ,to If by s during to bung period Mn ti snt try someone 0151. who you egw is your spent and was provided with ten dscimmm in advan x. This stAlsrfatn is not mWc*d by but deft on Be dark and includes msut:OT . We wit not to bound by any falbieWl I1gr11 r " '01 le appearing on the lace or4M= side Of the desk. If we watt Process the etdmrk hander. Yam a=aiotia es to coda • carpe against you barn aCCaknt by proan+rg the dad; su6gMua deal. Gag or skft Instrument We la g SCODUM IS appmP" b pored -errors, wunsd eerm. M*W deals anisMr mows. Wo ffw. in our sale dscmim oar an eegedkm peyr ew cervix. You are shot negnirp 11D yore this sdvur. When You -Taft is in goons s demand dral'c we , *, ACH dabit or otar axpedifed permed rn" for your =punt we may dwge you an foo sdilnd Pe nam be in an afro5d dedDw to YOV a, fthwa of the of the serves. We so nd respralbb for any the M-t by your depgoVy estibrbn and oW Wish the let in the even d such dsh orw a You gin: your aecoud nynbw or am aozurnt nbramon to another person to mab a Permit for you or to ad on your boat, you ow to we wzy discuss your ecmnf with eat person and process to paY 1 as V ii were made by you. You tutor apse tot you wit be mspo'.abm for at yens: d FOYwTd or ndo-ereent by such party. hnciudeIl expedited per" raium paYnoni late par-11 and ter lent tees. We teem to right to refuse iw accept parment on you behalf or In permit anoAar Persrh to act On you behalf. Pedodc Stabnw2 Each morih teal you have a rdt or debt balance D! mot flew $1 in aka asard we wi sand you a periodic saterrov as and when nusNiued 1rr appfcade low. The penhodio stetnhn a l crew an transaclam Mind In far account dump to btkq period The blot pernd 5 ft toe halm One ndmrem doing dale Tough and i I 1 9 OR sad stetmem dosdg dale. The pewd- For sample, ym Jm mf b&V period 15 to billing pancid win the mg ene I dosing dale In Janary. Fine= Charge. You wit be sesessed tan- cho" as lxevionaN dselosed to you as pal of tar T1U Ac=rd'Dacbsuas or as we wt disclose 10 you t required by applicable law. Tasporey Rstuc on in Finance Charge. We nisave the fight to cost mass My or at oaken: doges 'let amt' givrh beaq I*1td wlhoul waiving the right to asses such moors longs: In a try- Deng period. Dorn Feee and Chwp& The bbwng bs wit be bled In the: purchase of ur and we to ves%d ti sa M mss otwwm sPa we a and applied aphiM h you wadi every --v Period It, ??srfia rdddx bay aPPh • @ A ? t? be we be sassed t we w roe naelire !vu itt et lea tee if c fncmdfad. - I ? anP? ? In vll?ndammed11 INC j66j it, soled You periodic mad to taincadramaerustl(or any 2" DD5n 3 Ir+ advunhQ at any the during to billing -1* lr soy "!sear. is greater ban to appfcabie temporary or-pamopord sad am Ifspo hn o(wholhof you wed aver tent as a MM of a van a doge or rw cow Iw ar crepe. ewer r approved by usk (ill s roYmhad dodo in wM be mined d we do not hm arq arrant auras check far art o- I (M copyi g carps tor dam} copho of losedon documentation or pentode saawares will 1Nrrod p sod an be eek to assessed Mqusad fa bong dsprda MA*K Iv. ) soy reeaen, U) a cloak drat tia srnlbr istfumerd is rd to of a Mold be processed; or N) an etedroric It is mined unpitl or cannot be pnDmaad You authodae ins to nestimt murv d Fey-As in our ds-oa At our option, we may asses cis in each Ime your peyrrord Is not homo od or paid, Mn 1 I is later benhaed or pald lolowimg rearbnimion Any dgdt doll or rimier Instrunr+d may be cotleyad elaeroricaly I R Wnhad for kGAC nd or uhwladad funds. we may, change any d rim kin or dhrpm or add additional fain and charges, s pv&W tolow. We reaenw to right b hvelw any of mesa has veilod prior rogation to you wNe mr4 fah ig ow tight to aaess those toes /d^D toward. Cash Advance Fee. I cash advances ere pwdM fo your aeCOUMI A cash scheme om *am dop will ((pbety(D apeach adtime wruyouwyDM-?rd oa cash a"- Or -1) f yw aemud /n0 {? apeist svkwk sent! Intl! The magi of the cash Advance tea inn's =wi ba zz b o lh r l - , fimgee stroam rah yore Pam ?a'^a rpoea d miculaiing is ararel pocoope cab for tot billing pariod. -i no 1111111Y Dose he sand permrdme mie dbdosed for that bW; period to be 9mader Cm the annual percentage rate dodosb yet. Mambas le Fee. pro t applicable ill, Sin d aired a rmerob 11 *tee wi mbrshi?re s be a?!d asses err.aty. period, tries spat9ticaly otwwllee. t doe rrle 1 Accowd 9 ft 110, in is assessed oonthly, 11 will be we be ocamossed curs. in owe big period in which each mnipowsory of to°e?en= .n'k°oS' of your in each big period The tee will be bllad to the We heee segnord d your &=W and be . . as a ptrdhase and apoW spied hour aebble cod I MIL The nMot0fe p tea wit not be vahahdad. in whale or in Wt. teem I you or we carrel to atsourt. Taralr Fee. A tee tai he ns for each sonar d lures from your ecrm" b Yon sears , Acmad howl you request The be we be bled to the rash advance sapinant of your =d and we be treated ac a cash advrhca and apgled agakd Yea avsbbb h7ed InhL Foreign Transaction CIMML For each transaction made in a winery *0 than to U.S., or U.S. Tentodas, we will asses you 16 nhanra dwga as p eA-If dsdosed b to TLA he to wilbe blood on ft l Diaclosures S. dDw amount or b ion. ad by bw. T Coed Bsmw Moraatims you ag" that we may obtain iriortre(ah abut you ham creel n pv agencies a nags at t and nsidering you for raw o your owV& ed ar(ormanm, rnrgginp your ce account PrognaMS. Security interest The was and conditions contained wrahih thin per89MI)h apply only I all app- caaon fo the amoud sated hN th a=unt win the ?account. A-JK To provided us wrh cetYn funds, which love been depca(ad MM psymed drag taf m of rag account and all maw amourds owkg under the erred peel, pkdaed Famed row asaadsy ebbed agn SSemAy Account. dl bads tam n he Savoy Acatad ea procaine d the b spoilt and al proms at praee . This aa'sAy iaRed Peck ds, wighd Imbaoh, the ird al hods hN were plead "o all Sam* Atmunt any Waloal tends added b the Semidry Account by any gnaw lard any kbnad "wed b or accrued ca ins Seadly Acamt nlsapnrd The hays; drag srxday iavud we ad bh n all Ssc uib Account Aipeope d you aseo ted, a M you dead or .? b abide by amt of ft ar=mtr 4m need a rag Secefly Am" Aw ri-t Ap-w t fa?S fou n* we mncad you amount w any ?m we may then o IheeaaK and riot pno nolca to you, vjMW our securtry WOW by "ducting lror your Security Account the balance due on you acwud end all maw moms acing W r the lams d fin's Agmanon and the Seciat Acmud A 2111W0101111 AgmwftM We may axerclas 21s right somaily Account ariedreaIlly as we deartnele Id be b Cade soot daductiac hum oar epprDprat. Wtldn sixty days arm the data your amour edified closed. . send all ranairdrg halo n to seohei7 ACDUn(b he peraah lga(y Future Offers. The ems d my Mn afar retailing b the rzvud" be disclosed to ?n to owan offer. the lerrt c we became etedHe amg?aly vies otowrise spedaad Debult Wow may, in our ode dauetat declare a do" under tub Agreement t (a) we d due, (b) you eacaed any' ? on (C) an mk*nLn payment bM her fo matt paor bellove the do rMll your WWM is not honood a cannot be procured, of m 011MMI IC deha to crake prymad an you account is returned u gold or cannot be; I emeTo rag aced pemilMld by appicab4 raw, we may eau, h our sob 1, a, " h tledel! a deb ilundst ins Agreenheri t (1) Yoh vow any of to cow hurls d the Apramard r STdO A under Assgnmerll Agmrrrd (I appfeabY) M we h M deftMd you b ho n dhdalM unto as amw d any Dino Wrornrd will os or any of our s6 - or (3) we ? owe Mail ux o Df he the any the or mabodlig Amuwa on Yar application of at our h d L ac=rd. or dmwrse r0enpad b 1d W (i) her'kum arceeadko as islirtad by you or agai gi you or ((S) you dye o are dtcand Ygaiy' rssnpead or Yrapidated. Al any bins -a- any deI under airs Arte~ (a atr we gin's you any mace or right b cab: to dafrAt I aquind by apPecaaa awl. YOU Wt to atthjecl to Pli ig "brat tirhsrce drops and maw as pu cant b ha tons d this Agamwt imA " any sppkable dL%d mt, even AW NJ Judgment is Whined. AddaoralY, we may, d rr area DPtiont (;J area or rot aka You ID Male MY new purchases or cash Inemoolrs on you adereh 51 (Y) inhcMae you minimum wO such notice as may be MgWW by applicable be of (z) K*9 to the ors of applicable Yee, dos your rmunl(s) roll dmamd a+ngdNa payment of the ltlta mnrdrg iaaoce pia all otlr wards DNilg under the amS d 116 Apmen rm and to Soma* Amount Asgranri Apremad To to eels[ l by appicabla fn', you agent to ply os all d or add court aMpfoyaaa a m SamleyeA6 one s mpbyes) tuaured by ins Into cMarMDU d Try mead ydu owe tee wdaf dda Ageeedlstl Ya dee spry b pay es el d oho rural toss !hN we lneu h ?awri?h?ayoa scads. ae?rdrlg any oosY wow male moss. wed b x M inpade ar rigkf b hrgaa ? kh?ac?vbr a Mk the AtbSdefn Provision bvIcw. ADCOW Cbwm sod susansim d Credit Pdvtegs. (1) We Tray. X any km with r wilosd Case. we rwvw advance rbft and opoes d free tasterlce r wAxisharm or Pat 101wAydaoplt?d under tit' andar V& Voismat I we ? the account, you apen b kemdW* de*W AN Cads sod wised a=unt sines chods. ((2?? your D?aon to mda p?r?Y and Tau afar dtlgedos lyder ads Agmament ini tsrhN In iM fame and dYd &W IN atmstd is tashwaed or rou ad pNMgs row tanlpaadA or pmlwwdly suspended. Cocoldm drag Room" India wspra?y a pwasgnrl =71=') ad on abd our socially rear in o, off hiDkY ardor t s Sectlq Account Assgned Agarlwdt w (a appacable). YYou co does yar shoed by clip ow Customer Relvill doprhwd with to "!union bud on h bah of your hied cad or. I dirrd. to awe numbr SWW In pa Case sfnYnrd and rapolg an accourd cloaca. You to damoy sit cards and umw0 go=" -deft canc?d 31 pgtukD W rsyp anngetns& end caress uskV your card and a=mt t you do not carcd al presunabod bang amagomsns. you and we will consider our recast of a Veadhortzed data to your at;ausi to tprsiLA i your s1Ahatmil l b locpan the are" on the terms sal brh in this Apreenwd and the Sealy Account AnVd-t Aprsmod flf appicabk} Youramard will not be dosed urd y=1 ay all smo ns you owe ins unto is Agmemed and to Sow* Account Asgnmri Agmwrwd Of appfmaDk) iiCkS11111, WNW kndtion any puma zsa and cash advanos tnnsadena you hm authwood. Iniume dvrges. Yte aye tee, air bti low returned dock fees. rearnhed aym e?ka, mondeship fees. Cash advance bes,tarsho ra oher tint dorged b your sca" You va le br for mdess to a amrrououn wfheuw toy haw beer) i curved a arc 5ma you mqued a closum to acorht The may or toy' ate inatn ad shhaaquerd to l yar mqu@M b close m%A In capes r on you a=hrd abler you haw mqualed ha smuru to be dowel std S the surd has already sea" closed. 1he will be fine Secrly Account mo wod an to bins ad bM in to Agwrrwd and A=OMWA Agraemerd (I aPPicabfaI For, areple. I you awhata a pac ase account has been closed, your account WE be A to amount d to dirge VA be Be *= of added b your accoM and you will to, p I r .ls for per - ? es. ) tie Apaw-t and the Sectat Aaaui ASOM-0 Ag smiled by applicable, law, caul mrie ? manure t?nz hes; been bpdd nttvt as desobed above. t the rmed's acprad, a now r o nhershy be we be charged b the accost as sWed shows. I you, adng as tat p*may m doidef, wad b terminate s pint ermrdhoiders r or an whodead usWz access ID Is accouni you mug call our Reasons deaMod and otytlesil that a i ewe bnradivoly, t thersafter. you Was b de*W Berl person's ant(s) end destoy any mused account aezss checks in hd persons possession. There nary be a delay in the elkdia dale of to bm*dM d tat person's KCM b to acrid The BOVA hve be dhalged, and you and any pint acmurarold6 will be r-s; , I le. la any congas through the use ol to card or the anmrmt by We joint amarhholder or sumodrad user td OLitr prior to to eteetve dais of ha Yrmntien ewe r 1he charges do era appear on he account ung a War Ira. K you are unable 1 d a?+rY accountoldefs or auaadvied users =rd(s) or b desboy dare access docks in that persm's posses, and you call our Customer Retawns depaehwi b dose your arrant your aka our we be dosed in accordance wmh be preceding Paragraph. Either you ardw to pint cardholder. I ery. Tray aaaty tr a new account. Changes in Terms WC say add b. mmove, amend or change any an or any prowewh of 1 his Agree nw4 rhtdhd% the amoral Imantep rale(s) and dahtrs, (ncuding adding raw p mgrs d the sane or a diterad nsbne as the ass(ng PwAsavs In the Agreenotd) at any Ins. M we do so, we wig give you notice such amendnnent or change I legwed by Federal law or Yogi is few (tD the s fort not pmer pled by Fedral low) unless we had previously notdod aye mx mar td the atmmt world bow subpd b arh aow>dffmd a ct- wihou notice. Nonce will be mated to owe lad burg addrlS6 indraletl in tea records for fine azwriL However, no nuke we be naiad I we prevohsry had ndreG you Ch Changeyour m=W would be ublied ID such NMWMKA or chanp without nolice s ges ID In Anal an2rdsge =*a) we apply to your eising ac ouni balrm from Be Wk be dace of to change, whdhor or not the amad balance mcludes tansadlos bled b tg s9ohlti before the change date and whatw or not you" ' b use to amount (hangs to fees and odor charges will apply b your a=trd kdm arc eve daw of to change. Goveraft Lam %E MAKE THE DECSfDN TO GRANT CREDIT, OPEN AM A=M AND ISSUE YDU A CREDIT CARD FROM OUR OFFICES IN MGM. This Agmemad is b be comr had n acwrdan ce with and gw and by the leers of fins United States of America and by the internal laws of the Commonwealth of Yugina vlehout giving affect to any choke of law nee that would cam be apptedfon d to laws of any Jurisdiction other than to Was of the United Stan of America or the rdernol laws of the Commmmaagfh of Virginia to the rights and duties of the parties. This neewrd Is wade n V Dols. it will be gaamed oily by Federal law and uglnY low (fo the e1'tard Da preempted by Fadiral raw} t a court decides trot tD an ace a part of this Agreement, tes AgmnwA wit than reed as If the soerdorcaabk or maid art were not them, but he remaining pans v All remain in etad Waivers. You waive the right ID recaive rake d try rower a delay Dr prannimemL denond " 1011011 ?P Mdi t 3g3W Yhe-a to OU Your also w walWok b Proceed repaid permitted Jof kne VVIfor at, addDdi?aa?dcd by to the a?? mils o s ptm d. ins defense f Lori or Stolen Cards or A=vurd Access Chocks. t your card(s) or acoum scoes docks; am W or Mari or 9 sormen else may be mg forn yaw ph 1, 1 rety to Noma by cW" the h telephone ndMhr a the bac?d ba your Cad card a, 1 dian o 1ha telephone n n r shown Dn vine hod d you perloAc slosmvn , or by wftq s at Cs*l One, P.O. Bea t5D15, Richmond. VA 20S.M15. You wt not be YDt in any amount toy uauhDriurd has of you: cards or arswht mom dads. YDD agree b at da N WM I YDU Umge y=r fame. atldTSS, ahptone rarnber or empty, You agree to give ins watw notice of any charge in you Dosing addres N lain! 1D days 1lsbtaAhe charge. lOhRrlgs pow" an the rtmiDanms cmtDd palm d you pe?rooSc hewrien n*ne;aece stetarrent r may bt sod b the Ink, address: CapkY Om P.O. Bur 15015. Richmond, v;. 232aS 5015.1 you " t is a joint i¢ourd or I Mart then we Person is pemdw ID use IL you Was that all notes regrdng to aeourd may be sad solely b the address ahem Do Dee bang r ODRIa. Commemicaationc. We may adease idomdon to chain regarding. ha status of history d you accDr1 as set fodh Ir the Capital One Pmiwx No=. a copy d which has been prDrided b you. We Toy tab is nns of thid palm r mnhadionh wih Mrnkeog and-1 I , aamyour account, and you eudenrcs such !hod pants b lekaee kdornstiom about you it t6 We a Dur mpTsrdatvs may wrlad ya kra ikl! b time negatdrg the V=Mfl L a b ask to addenfal k* Dates shad you r you fspedrha w1 h Capital One. You Wee that such C?yapffbcadkskin nd Wookad. W rd( indad a=$ as awassry aglried by obYkrd ken r sources. For camapla yy conad You In you home of pace d ernplaImalld during wsfwds or holdays, on you mrobae teoPthre. vaim or nachihe, and tr small, In. amrded mew, le rlhssape or p? Except s mAn ded by applicable law, we may monkm or aced any cats wow MMs of aszne, apprsi caller ftntifofomr se-mcas and use an adYm ew doing and announcing devtmt SEE A ? NOTE TTHATMTHE TERMS MCWDEDD IN ? A PROV TWN PRDYISION ARE PART OF YOUR CUSTOMS AGREEMENT. 0 2005 Capital One SW%tM. Inc Ca" Oft is a taderaiy Tepis1e20 semvte mart AI nighs mWrwd. 037&77-MM ARBITRATION AGREEMENT W,757M "MUffA A7:` THIS ARNRRATga MOWSIO I d A Mir. OF YOUR CUSTOMER AGREEMENT Tau awl R epst vw wo You a K v40 a ~ ale P stlav PW Lw Appllubb In ArlbaRaa. 7tk ArFal a1 vbdaq vsaw fN ow Ciro as delay Woo be by hokao Is be ptvrsa a a "Au bb h.N.Am 1 dt7ft Robafis Rd Pe •FM'Lno whac a1W .- * or ebin k IF YOU OR WE ELECT ARIRRAT1011 OF A CLAW. NVIER srj¢t a atdbiw Nwal ie MNwO bf iaapaap ms "W"im YOU NOR WE WILL HAVE THE RWKT TO lWXA THAT - CLM b COW OR IERW A AMCE OR JURY OR 76 ttoevRa4bsdat ..aelypbJ k ad-d. owifrl wb $ fM ae b bss r afl ArACOtIft ftWWW tk adJlfla rX mipy MRTRWATE IN A W M ACTUN OIL ANT OTM N ow k LaOkFi .0 On FM NO oppitseb embma d ? and Chu i W FOM UNOW R RATU 3 DECWOV WUA NE k e mmflvRR br t m d N e ?s? jrkAeAOq m akimt m FWAL AND 1OKWL OTW FORAM TNAT YOU WOULD daft 1t FROM soy ewK ad Araw r obr aw paame>! s .d< Rd %m fob g i b mi O CONOPOM 1X=V11n OR TO AREAL. 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Claw Dm i a mRFAy mpiww , lbod a adml vebaefve AAS Rd m fW RMdblw rd totes eel Af rf* tilted o b dWm Eaabt Rod Wdba N ArWhOw In a K by dea vbkdm a* ale All, - - holds we now, m or Cot OFF U b Lin k w d t ksd kbmm in alb Ym IF in ow r File r toldlw uk b Adirkolaat m ee am olow wo INNER! by OF Afasdbml IF ym 111043W M haw ashy arbipoa ! .N Cmagr ft P coca! l Z a" a b WWI d or Fibm n em N be f! r ry Ameet Fiord You N m ,. . .. ;. T _ -..TT- VERIFICATION The undersigned does hereby verify subject to the pe alties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is A e` I ALOODr) AME) AU)Ln? of `t??-V --Pln L plaintiff herein, that T LE) (COMPANY) he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. (SIGNATURE) W WR# ()Ij14 C4--l 9 `Z IL rrv^^( vl -L) SHERIFF'S RETURN - REGULAR CASE NO: 2006-06600 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK VS HARTMAN VICKI ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HARTMAN VICKI the DEFENDANT , at 2115:00 HOURS, on the 20th day of November , 2006 at 34 BELLAIRE AVENUE CARLISLE, PA 17013 by handing to VICKI HARTMAN a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 4.40 ?i:?y"?-rt.?-•? '?...? Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 32.40,/! 11/21/2006 WELTMAN WEIN13ERG REIS Sworn and Subscibed to By: 4? VF. before me this day Deputy Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION jCAPITAL ONE BANK 4 i Plaintiff ?ftj vs. VICKI HARTMAN I Defendant ?I No.apWCO CNIt,T! 1 PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt Paid# 42524 Weltman, Weinberg & Reis Co. 2718 Koppers Bldg 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05467912 IN THE'COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION (CAPITAL ONE BANK Plaintiff VS. VICKI HARTMAN `III -'II Defendant I ?TO THE PROTHONOTA?tY: I Civil Action No. Cx#, (D (o 0 0 CCU 1 L TE q ? PRAECIPE FOR JUDGMENT BY CONSENT Kindly enter Judgment against Defendant, VICKI HARTMAN, in the amount of $1997.75 plus costs, based 1upon the consent of the parties. 1 CONSENTED TO: WELTMAN, WEINBERC & REIS CO., L.P.A., VICKI HARTMAN, By: ?By Defendant At "W l IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION (CAPITAL ONE BANK Plaintiff VS. Civil Action No. Q VICKI HARTMAN Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT PTO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, VICKI HARTMAN, above-named, in the amount of $1997.75 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by I Consent, as follows: 1. Defendant admits indebtedness to Plaintiff in the amount of $1997.75 with continuing interest thereon at a rate of 6.00% per annum plus costs from OCTOBER 27, 2006. 2. To secure 'he repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, VICKI HARTMAN, in the amount of $1997.75 plus continuing interest thereon at the rate of 6.00% per annum from OCTOBER 27, 2006 and costs. 3. Plaintiff agrees not to execute on its Judgment so long as Defendant causes to be delivered to Plaintiff the following payments in full by 12:00 NOON on the following dates: i'. 1 ! (a) $121.50 due by 12/20/06; (b) $121.50 due on the 20TH day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. 4. All payments are to be made payable to the order of "CAPITAL ONE BANK" 5. All payments due under this agreement are to be received at the offices of Weltman, Weinberg & Reis, jCo., L.P.A., 2718 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA 15219. 6. In the event of default, each payment received shall be first attributed to costs, interest and then to principal. 7. Time is of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff or Plaintiff's counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance lof the Judgment entered hereunder plus appropriate additional interest and costs. 8. No act or -omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any ot,ier excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is final and complete. 9. Intending to be legally bound, the parties set their hands and seals tWLLday of MfZ` -, 20 O L/ i I IBy: Defendant, VICKI HARTMAN WELTMAN, WEINBERG & REIS CO., L.P.A. By: James Paid# 425' Weltm 2718 K pi 436 S en Pittsb rgh (, 12) Weinberg & Reis Co. P'- 15;55 219 4-7955 X10. 05467912 i I 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY P f ENNSYLVANIA CIVIL DIVISION ICAPITAL ONE BANK Plaintiff VS. VICKI HARTMAN Defendant + I s? ':, I I Civil Action No. 0(-a (P (D (D c> CAU l ? - -tyYY) NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on r a00? (xx) Assumpsit Judgment in the amount of $1997.75 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. I y ( ) If not satisfied within sixty (60) ` ' ! days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic j Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent e Prothonotary VICKI HARTMAN i 34 BELL AIRE AVE iCARLISLE,PA 17013 By: PROTHONOTARY ) WELTMAN, WEINBERG & REIS CO., L.P.A. ATTORNEYS AT LAW 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 412.434.7955 www.weltman.com OF INNOVATION GROWTH .RESULTS November 22, 2006 I VICKI HARTMAN '34 BELL AIRE AVE iCARLISLE,PA 17013 Ali Re: C,4P/TAL ONE BANK vs. VICKI HARTMAN Case No. Our File No. 05467912 Dear VICKI HARTMAN: BURLINGTON, NJ 609.914.0437 CHICAGO, IL 847.940.9812 CINCINNATI, OH 513.723.2200 CLEVELAND,OH 216.685.1000 COLUMBUS, OH 614.228.7272 DETROIT, MI 248.362.6100 PHILADELPHIA, PA 215.599.1500 Enclosed please find a Stipulation of the Parties for Settlement and for the Entry of Judgment by Consent. You should see that the enclosed Stipulation is signed and returned to our office in the enclosed self-addressed, stamped envelope along with your first payment on, or before, 12/20/06. Upon receipt of the signed stipulation, I will sign and forward the pleading to the (court for filing. Should you have any questions or comments, please feel free to contact me. Thank you for your cooperation in this matter. Very truly yours, II '' JAMES ??WARMBRODT, Esquire JCW:cxc Enclosures THIS LAW FIRM 1$ ATTEMPTING TO COLLECT OBTAINED SHALL BE USED FOR THAT PURPOSE. it A DEBT AND ANY INFORMATION ? n O 40. nV V r.? ? ?1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. VICKI HARTMAN Defendant No. 06-6600 CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C Warmbrodt, Esquire PA. I.D.#42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WW R#05467912 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff vs. Civil Action No. 06-6600 CIVIL TERM VICKI HARTMAN Defendant PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. Sworn to and subscribed before me this. ? day of Ju e, 08 NOT RY LIC WELTMAN, WEINBERG & REIS CO., L.P.A. By. r James C brodt, Esquire PA. I. 24 WELTW INBERG & REIS CO., L.P.A. 27 18 s uilding 436 Svenue Pittsb A 15219 412) 55 7912 CO;R TH OF PENNSYLVANIA al Seal lt, Notary Public , Allegheny County xpires July 15, 2010 Member, Pennsylvania Association of Notaries 7 L L W -a ?y. c? cr+ c?a c? q AM 4 --o -- •G