The URL can be used to link to this page

Home My WebLink About06-7051IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff Vs. ANDREW J WITTMAN Defendant No : Di. - 76s( of 0 ZL ;ti2 COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Michael J. Dougherty,76046 WELTMAN, WEINBERG & REIS CO., L.P.A. 325 CHESTNUT STREET SUITE 501 PHILADELPHIA, PA 19106-2614 215-599-1500 FAX: 215-599-1505 05318091 C A Jer KSD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK Plaintiff VS. Civil Action No ANDREW J WITTMAN 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: ANDREW J WITTMAN 453 ELDER TRL NEW CUMBERLAND, PA 17070 3. Defendant applied for and received a credit card bearing the account number 5291071759275249 . 4. Defendant made use of said credit card and has a current balance due of $1365.59 , as of November 01, 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 November 01, 2006 . A copy of Plaintiff's statement of acco unt 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 , ANDREW J WITTMAN , individually , in the amount of $1365.59 with continuing interest thereon at the rate of 25.900% per annum from November 01, 2006 plus costs. Mic a . Doug erty,76046 WELT , WEINBERG & REIS CO., L.P.A. 325 HESTNUT STREET SUITE 501 PHILADELPHIA, PA 19106-2614 215-599-1500 FAX: 215-599-1505 05318091 C A Jer KSD 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. 014 J To protect your Your account is delinquent. µ tomake a paymenCitwith us, you need We want to help! - 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 014AI02 CapitaiOne• Account S Previous Balance $1,643.75 Payments, Credits and Adjustments $108.51 Transactions 558.00 Finance Charges S31.59 New Balance $1,624.83 Minimum Amount Due $1,624.83 Payment Due Date April 15, 2003 Total Credit Line $1,000 Total Available Credit $.00 Credit Line for Cash $1,000 Available Credit for Cash S.00 At your service To -H Customer Relations or to reports I.. or stolen card: 1-800-608-5227 For free online aanunt service and special owtomer offers, log on to: www.npitalonecom Send Payments to: Send inquiries to. Attn: Renisnanm Pro--' g Capital One Services Capital One Servim P.O. Box 85147 P.O. B. $5015 Rschmond, VA 23276 Rkh-d, VA 23295-5015 Important Account Information For service in Spanish, please call (800) 929-8137. Para servicio en Espanol, por favor marque 800-929-8137. m n 0 MASTERCARD ACCOUNT 5291-0717-5927-5249 FEB 16 - MAR 15, 2003 Page 1 of 1 Payments, Credits and Adjustments 1 19 FEB DEP BAL OFFSET - C/O $108.51- Transactions 2 17 FEB OVERLIMIT FEE 3 15 MAR PAST DUE FEE $29.00 29.00 Your request to close your account has been received. Your account will be closed when it reaches a $0 balance. Until then, you will continue to receive statements and must continue to make payments. All 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. EXHIBIT Finance Charges for important infra at ion Please rte re jee Ji de 13alassa ratr p on Pmob'r C_ ME gaplirdto APR r ae PURCHASES $1,589.44 .07096% 25.90% $31.58 CASH S.65 .07096% 25.90% 5.01 ANNUAL PERCENTAGE RATE applied this period 25.90% PLEASE RETURN PORTION BELOW WITH PAYMENT. ow 0000000 0 5291071759275249 15 1624830050001624837 New Balance $1,624.83 Minimum Amount Due $1,624.83 Payment Due Date April 15, 2003 Total enclosed $ Account Number. 5291-0717-5927-5249 Capital One Bank P.O. Box 85147 Richmond, VA 23276 Lrl,IrrlLrrl111rrtltlltrllrrJlrtdLnlLrtllrtrlLttlLttl PI-prat mailing adki- and a-mail rbmgu &1 suing bl w Hark ink Sneer Apr! Gty S au ZIP Home Phone Al.... Phone Em.2 Addrm #9007535046358049# MAIL ID NUMBER ANDREW J WITTMAN O1 INEEMENEW 453 ELDER TR.L NEW CUMBERLAND PA 17070-3131 o _ o LrrlllrrJllrrtltrtllLrrrtlLttrllnllttttllrlrLrtlLlJrrl Please unite yore account number on yo dbwk m money miler made payabk to Capital One Bank and mail in the enclosed -dop. m 2002 Capital One Services, Inc. Capital One is a federally registered service mark. All rights reserved. T MEN= solutions S Z eeee? 1S 8 O N o b N periodic rate. To obtain the average daily balance for the billing period covered by this statement, we take the blghm)ny halance of each segment each day, add any new «srseotioru to each segntsrht and subtract any payments or credits. (If the code N appears m the from of this statement new to 'Bslence Rare Applied To,' we also attract any unpaid finance Burge included In the balance of each segartem.) This gives us the daily balance of each segment. Then, we add up all the dally balances to each segment for the billing period and din by the total number of days In the billing period. This gives us the averagpee daily balance of each segment. 3. Annual Pwosrmags Flat- IAPRI. a. The term 'Annual Percentage Rste' may appear as 'APR' on the from of this statement. b. If the code P (Prime). L (3-mo. LIBOR), C ICertifirate of Deport), or S (Banitram Prime) appears m the from of this statement rezt to the periodic rate(s), the periodic rates and corresponding ANNUAL PERCENTAGE AATE3 may very quarterly and may increase or decrease band on the mated Indices, as foul in The Wee Street Journal, plus the margin previously disclosed to you. These charge will be effective on the that day of you billing period covered by your periodic statement ending in the months Jan u ry, April, July and October. c. If the code D (Prime), F 11 ino. LIBOR) or G 13-mo. LIBOR Repriced Monthly) appears m the front of your petlodiC rates statement eve to the periodic rate(s), the and corresponding ANNUAL PERCENTAGE RATES may very monthly and may Increase or decrease based on the mined indices, ss found in The Was Strew Journal, plus the margin previously disclosed to you. Than dharhgea will be affective on the first day of your billing period each month. a. Assssme sat at Late. Ovwfirnlt and Reached Payment Fe-. Your account sag be assessed rat mom than two of the fee limed hem that occur during any Being period. Under the tem. of your e»tener sgmemem, we, reserve the right to walve or not to as.eas any was without prior notiecatim for you without waiving our right to asse- the same or similar at a later time. 5. Renewing Yrr Arenas. If a membership in appears on the from of this moment, you haw 30 days tram the data this statemen was mabd to you to avold paying the fee or to how suxh fee credited to you if you cancel your accent. During this period, you may continue to use your accent wlthm having no pay the membership fee. To cancel your account, you must notify us by telling our Customer Relmios Department eM pay you 'New Balance' In full (excluding the berehip lee) prior to the and of the shiny-day period. d. N You Close Your Account; You ten request to dose your scraus by calling our Customs Relation Department. You must destroy your credt cam(s) and accent access checks, cancal all preaulfmrized billing, and now using your accent. If you do cam caraxn preauthodzed billing arrangematts, we will consider recap[ of a charge your mmhodralim to reopen your accent. Adddonally, your account will rot be dosed owl you pay all amounts you owe us Including: any transactions you haw mahorized, finance charge, pent due fees, overlimN fees, renamed payment fee, cash advance fees and any other fees assessed to your account. You are responsible for then amours whether they appear on your accent at the time you request to dose the acmes or they are incurred artnequent to you r request to close the accent. This may hot in charges avocadno on Your account after you have your aceern if it has already been closed. for example, if you authorized a purchase from a merchant and we receive the traruactim from the merchant after your account has been dosed, your account will be reopened, the smo s: of the charge will be added to your sectun, and you will be responsible for payment. If there is a membentrip fee for Your account, the fee will confin e to be charged, to the extent permitted by law, unit the account balance has been paid in full as defined above. 7. U.ig You Aeaaut.Your card or accent carat be wed in connecrim with any imemet gambling trarhaacrion . BILLING RIGHTS SUMMARY tin Caw Of Ertors Or Questions; About Your Bill) If you think your bill I. wrong, or if you reed more Information m a transaction or bill, write to us an a nitrate sheet as soot as possible at the address for kgulnes shown on the from of this surnamed. We must hear from you no later than BO days after we are you the first bill on which the error or problem appeared. You can call our Customer Relations comber, but doing w "a not preserve your rights. M your letter, give us the following infomatlan: your name and accost number, the dollar amount of the suspected arm, a description of the error and an explanation, if possible, of why you believe them is an error; or if you need more infomratim, a description of the item you are issue sbou. You do het have to pay any amount in question wale we em investigating it, but YOU are will obligated to pay the parts of your big that am not in question. While we investigate you question, we ramot report you as deintl ent or take any scrim to collect the amount you question. t,t Special Rule For Credit Card Purchases If you have a problem with the quality of property or services that you purchased with a credit card and you have tried M good faith to correct the problem with the merchant, you may have the right not to pay the nansining amount due on the property or services. You haw this pruteWm only when the purchase price was more then $50.00 and the purchase was made in your home maw or within 100 mile of your mailing Wdrew. (If we own or operate the merchant, or if we mailed you the advertisement for the property or services, all purchases ant covered regerdiee of amount or location of pumhase.) Please remember to sign all correspondence. t Does trot apply rat consumer nth-credit card acco wta t Does not apply to business non-sire ft card accwaxs Capital One supports Infematon pdwcy protection: see our webohe at www.capitelane.com. Capital One is a federally rZatered service mark of Capital One Hnancisl Coporarion. All rights reserved. r 2003 Capital One 01LGLBAK -r a. arses Period. You will have a minimum grace period of 25 days without finance charge on new, ppurchases, new balance transient, new special purchases and new, other cargos if you pay you total 'New Balance', in accordance wth the Imponare Notice for payments below, and in time for it to be credited by your row statement dosing date. Thera I. no grata period on rash advances and pedal trerofem. In addition, them is no grace period an arty trarnactrm if you do no pay the total New belwcs.' b. Anus I Finwuw da ilp. Transactions which are not subject to a grace period am assessed finance large 1) from the date of the trwa ectim or 2) truen the dote the transaction is processed to yaa Account or 3) from the first calendar day of the current billing period. Additionally, if you did not pay the 'New Balance' from the previous biting period in full, finance, Burgas eorene to accrue to yyoouur unpaid balance until the unpaid balance Is paid in full. N. mews her you "'V ill owe finance charges, even if you pay the moire New Balance indicated on the from of your stmeinent by the raw statement closing date, but did not do w for the previous month. Uryald finance charge are added to the applicable segment of your Account. t c. kenirara Hares Charge. For each billing period that your account is slbjecr to a finance charge, a minimum total RNANCE CHARGE of $0.50 will be imposed. It the total finance charge resulting from the application of yotr periodic ratels) later; than $0.50, we will attract that amount from the $0.50 miramm and the difference will be biped w the purchase sapnaa of your auxasrt. td. Temporary, Redarem h fYrws Gl . We reserve the In to not risen any or all finance charges for any given biiI g period. 2. Avregs Dsey Bales lieeardirng New p rah-sel. a. Rnenhce Burge is calculated by multiplying the dally balance of each segment of your accost le.g., rash advance, purchase, special transfer, and special purchase) by the corresponding daily periodic ratels) that has been Previously disclosed to you. At the end of each day during tha bllenp period, we apply the dseY penodc ate for each aegmam of your account to to dally balance of each segment. Than al the end of the billing period, we add up the resuhs of these daily calculations to arrive at your periodic finance carpe for each segment. We add up the results hors each segment to arrive at the total periodic finance charge our your strain. To gm the dally balance for each segment of your eccatnt, we take the beginning balance for each segment and add any new trarsscrhes and any periodic finance large calculated an the previous day's balance roc that segment. We than subtract arty payments or crediw posted ea of that day tn. re allocated to that segment. This give us the separate daily balance for eadi segment of Your account. However, if you paid the New Balance shown an your previous statement in full lot if your new balance wee zero or a trait amount), new traradorn which pow to your purchaw or pedal purchase segmerss am hint added to the dairy balances. We calculate tie average dally balance by adding all the daily balances together and dividing the sun by the number of the days in the cumin billing cycle. To calculate your total finance large, multiplyy your average daily balance by the daily periodic rate and W the number of day in the billing period. Due to mulling m a daily bars, there may be a slight variance between this calculation and the amount or finance darye actually assessed. b. If the code Z or N appears on the from of this statement new to "Belerce Rate Appfied To,' we multiply the 507195 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 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 (5) business days for postal delivery. Payments received by us at any other location or in 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. 014 uent Your account is delin To your credit with us, you need q . make a payment We want to help! - 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. CaQ us! >>>?j 1-800-479-7231 01??1f02 CaMa1Ct MASTERCARD ACCOUNT 5291-0717-5927-5249 MAR 16 - APR 15, 2003 Page 1 of 1 Account S Previous Balance $1,624.83 Payments, Credits and Adjustments 5.00 Transactions (87.00 Finance Charges $36.77 New Balance $1,748.60 Minimum Amount Due $1,748.60 Payment Due Date May 15, 2003 Total Credit Line $1,000 Total Available Credit $.00 Credit Line for Cash $1,000 Available Credit for Cash $.00 At your service To call Customer Relations or to report a lost or stolen card: 1-800-608-5227 For Ere online account service and special asstomw off=, log on to: -capital..... Send Paymem, to: Send ingwria to. Attn: Remittanca Processing CaPital One Servi_ Capital One Servim P.O. Box 85147 P.O. B. 85015 Richmond, VA 23276 Richmond, VA 23285-5015 Important Account Information For service in Spanish, please call (800) 929-8137. Para servicio en Espanol, por favor marque 800-929-8137. Payments, Credits and Adjustments Transactions 1 17 MAR OVERLIMIT FEE $29.00 2 15 APR CAPITAL ONE MEMBER FEE 29.00 3 15 APR PAST DUE FEE 29.00 Your request to close your account has been received. Your account will be closed when it reaches a $0 balance. Until then, you will continue to receive statements and must continue to make payments. All 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 04/15/2003 because your minimum payment was not received by the due date of 04/15/2003. To avoid this fee in the future, we recommend that you allow at least 7 business days for your payment to reach Capital One. Finance Charges Please sm reverse side for important lnjO lA f atim olds Prriod? Cwrapwedind ?`t o? ?1 WE 'bP geplirdto ,ar AAPYIR( m PURCHASES 51,670.86 .07096% 25.9096 136.76 V n CASH 3.66 .07096% 25.90% 3.01 0 m ANNUAL PERCENTAGE RATE applied this period 25.90% PLEASE RETURN PORTION BELOW WITH PAYMENT. cop"Wo , 0000000 0 5291071759275249 15 1748600050001748603 PI au prim mailing ad?vu andi a-,nail dadrs 6r! asind b6a a blink in,E New Balance $1,748.60 Minimum Amount Due $1,748.60 Seeet Apt t Payment Due Date May 15, 2003 Cry Srae ZIP Total enclosed $ Home Phone Alcernste Phone Account Number. 5291-0717-5927-5249 F-0 Add- #9010635046358042# MAIL ID NUMBER Capital One Bank ANDREW J WITTMAN P.0. Box 85147 111 111111 11 p 11 u 1 r 1 r 1 453 ELDER TRL a Richmond, VA 23276 EW CUMBERLAND PA 17070-3131 co 0 LeleletllrrtlrlhlJJLJhnlh rrllrrrllrnlLrtlLtrlLnl an a? InJlhrrIlLlJrnI111rrrrlLlrrllrrlhltrllrLLtrlLldrrl Please writeyour aormw number an yew check or money order made payable to Capital One Bank and mail in the mdwedersv 1*e. 0 2002 Capital One Services, Inc. Capital One is a federally registered service mark. All rights reserved. seasonal I? inivinnin fi f>_ 8 O m ? ? N periodic rate. To obtain the average daily balance for the billing period covemd by du smernent, we take the beginning balance of each segment each day, add any new traraactirms, to each segment, and subtract my payments or credits. (if the code N appears on the filed of this "an" new to'Batancce Rare Applied To,' we aim subtract any unpaid finance large included in the balance of each segment.) This gives a the daily balance of each aepnarrt. Then, we add up all the daily balances for each segment for the billing period and divide by the total number of drys in the billing period. This gives us the average daily balance of each segment. 3. Arad le assails Rea IAPRI. a. The term 'Amaral Percentage Rate' may appear as APR' m the from of this statement. b. If the code P (Prime), L (3ino. LIBOR), C (Certificate of Deposit), or S (Barhkcerd Prime) appears on the hold of gist statement nev to the periodic rate(s), the periodic rata and corresponding ANNUAL PERCENTAGE RATES may vary quanedY and may increase or decrease based m the armed indices, im bud in Tae Wad Saes! Journal,, plus the margin previously dsdoad to you. Them changes will be effective on the first day of your filling period cowrad by your periodic matement ending the months Jessary, April, July and October, c. If the code D (Prime), F 11- a. LIBOR) or G (3-0. LIBOR Repriced Mlertdy) appears on the from of your sutemem new to the periodic rete(ll), the periodic rata and corresponding ANNUAL PERCENTAGE RATES may vary monthly antl may I%m: or decrease based on the rated Indices, as fend in The Wsa Sums Joumsl, plus the maI previously disclosed to you . Thew changes will fa eHectiw on the fire: day of your d" period each momh. C Ateae mart of Late, owners: and Resumed Payment Fees. Your scant will be assessed no mom than two of the fees listed hem that occur during any doing period. Under the temla of your customer agreement, we reserve the right to waive or not to same any ime without prim notiAcatim to you without waiting our right to asses the same or similar t a Inter tone. 5. You Aeaet. If a membership fee appars m the from of this statement, you haw 30 days from the date this summed was mailed to you to avdd paying the fee or to haw such fair credited to you it you -Cub your accost. During this period, you may ...thus to use your accused wishes hating to pay the membership fee. To tercel your account, you moot notify u by calling our Customer Routios Department and pay yau'New Balance" in Ail (exelurdirg the membership fa) prior t0 to and of the thirtydaY period. 6. N Yale Clue You Aamut. You can request to dose your account by calling our Customer Relations Department. You must destroy Your credit eardf d and account access decks, cancel all pmsuthorized bNfing, and cease using your accord. It you do not cared preauthodzed filling arrngamema, we will consider receipt of a charge your authorization to reopen your account. Additionally, your accent wig not be dosed udl you pay all emhwmr you owe us including: any transactions you haw authorized, finance charges, past due fees, owrlimh fees, returned payment fees, -all advance few and any other fee aeaeawd to your accord. You are responsible for tee amounts whether they appear on your accent in to time you request to dose the arson or they am incurred subsequent to your request to dom the amount. This may result in charges appearing an your accent after you hew your accent if it has already been dosed. For esemple, if you authorized a purchase from a merchant and we recidw the transaction from the merchant after your acclerrt hhm been dosed, your accord will be reopened, the amount of the charge will be added to your accent, and you will be reapraaible for payment. If them Is a membership fee for ymr account, the fee will cle seta, to be charged, to the event Fd-ined by law, until the accent balance has been paitl in full as defined abow. 7. Using You Amout.Your card or amount carrot be used in core action with arty intemet gambling transactions. BILLING RIGHTS SUMMARY (In Caw Of Enom Or Ouation s Abdul Your Bill) If you think your bill is wrong, or if you need more information on a tranaaction or bill, write to us an a wparents when as span ea possible at the address bar includes shown on the four of this statement. We must hear from you no later than 00 days after we sot you the first bill on which the small or problem appeared. You can call our Customer Relations number, but doing an will rot preserve your rights. In your letter, give us the following information, your name mid account number, the dollar amount of the suspected error, a descriltim of the error and an explanation, if possble, of why you be iew them is an error; or if you reed mom information, a description of the item you are usum about. You do rot haw to pay any amount in question %"Is we are inwstigstkg it, but you are will obligated to pay the pent of your bill that am not in question. While we investigate your question, we cannot report you as delinquent or uke any action to collecn the arnomt you question. f,t Special Rule For Credit Card Purchases If you haw a problem with the quality of property or wMces that you purchased with a credit card and you haw tried in good faith to cmec the problem with the merchant, you may haw the right not to pay the remaining amour due an the p ny or services. You haw this protection oilyy when is Wrchaw price was mom than $50.00 and tta purchew we made in your home mate or within 100 miles of your mailing aderae. (If we own or operate des mercam, or If we mailed you its adwdisemat for the property or iterwces, all purchases a re cared regardless of amount or location of purchase.) Plasm remember to sign as correspodrnce. t Goes mar apply b Cashman nos-cmdy cad accotnr or z Ones not apply no business ram-craM card accents Capital One supports Information pdwcy protection: see our webshe at www.captaloe.com. Capital One I. a federally registered service mark of Capital One Rnancial Corporation. All rights reserved. a 2003 Capital One OILGLBAK 1. How To Avoid A File- Charge. ta. Gima Partial. You will love a minimum grace period of 25 days without finance charge on new purchases, new balance vanafem, new special purchases and new other charges It you pay your 1-I 'New Belanoe, in accorderese with the Important Notice for payments below, and in lime for it to be credited by your neid statement dosing date. Thee is no grace period on cash advances and special tmratere. In addition, them in no grace period on any trartactim if you do non pay the total New balance.' b. Aoruag Finance Charge. Transactions which am not subject to a grace period am asserted finance charge 1) from the date of the instruction or 2) from the data the transaction is processed to your Accent or 3) from the firs calendar day of the cunert billing period. Additionally, if you did not pay the -New Balance' from the prevfer billing period In full, finenis charges cominue to awns to your unpaid balance "it cis unpaid balance is paid in full. Td. mean that you may still owe finance charges, even if you pay the slim New Balance indicated on the from of Your statement by the nav cateosie, but did rot do an for the Pmvious -.7=d 11M= cargo are added to the app a wgnent of your Account. t c Mats- Fbrea Otrps. nor ach billing period that your account is subject to a finance charge, a minimum total FINANCE CHAiK3E of $0.50 will be imposed. If the total finance Burge resuh'oq from the application of your periodic rate(s) is later than 30.50, we will subtract thin amour from the 00.50 minimum and the difference will be deed b the purchase apex of your accord. to. Temporary Reduction in Fkroe charge. We rearw the ct to not mesa any or all financoe charges for any given d ing 2. Average Daly Bsarra IYreYrdYrp New pradweel. a. Rnarhce charge in calculated 6y muldplNrg the tlegy balance of each segment of your account (e.g., cash advance, purchase , special transfer, and special purchase) by the cormapording daily periodic muds) thin has been previously disclosed to you. At the end of each day dump the billing period, we apply the Nay periodic rate for ash aegmenz of your mcprrd to the daily balerhce of each segment. Then in the and of the bating period, we add qp the Famm of these daily calaaatiesto aniw at youp periodic firunce large for each segment. We adA upthe results from each segment to ardve at the total periodic fiance charge for your amount. To get the daffy balance tor each segment of your account, we take the beginning balance for each segment and at my new transactions and any pe odic fiance large caIc iaud on the pmvious day s bale n car that segment. We then s btract any payments or credits Posted as of that Ny that are allocated to that segment. This gives use the separate daily balance for each segment or your accord. tbwewt, if you paid the New Balance shown m Your previous statement in kill (or if your new balance was zero or a credt amlent), new trarwctiae which post to your purchase or special purchase segments are not added to the dally balance. We calculate the awrage dally balance by adding ell the dally balance together and dividing tha sun by the runbar of the day. in the current billing cycle. To calculme your total fiarhce charge, multiplyy War avewge do ly balance by the daily periodic rete and by the rambar of days in the baring period. Use to rending on a daily basis, them may be e sign wriance between this calcul an and the amount of fiance charge act wlhy assasaed. b. If the code Z or N aam m the from of this statement nev to 'Be,,. RateppAoslied To,' we mubiplv the 50743S 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 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 (5) business days for postal delivery. Payments received by us at any other location or in 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. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is cho kf-J(enn?7 (NAME) of Gt _ ?/" ?A?` I?-- , plaintiff herein, that (TITLE) (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) WWR# N C-Q a f~ ? ate' Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 61a - 76.51 CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573