Exhibit,Appendix: CAPITAL ONE BANK USA NA Vs. HOMER A WILSON

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                                Case Number: 17-006383-SC
Filing # 61189262 E-Filed 08/31/2017 11:56:35 AM

IN THE COUNTY COURT FOR THE 6TH JUDICIAL
CIRCUIT IN AND FOR PINELLAS COUNTY,

FLORIDA
CASE NUMBER:
CAPITAL ONE BANK (USA), N.A.,
Plaintiff,
VS.
HOMER A WILSON,
Defendant.
/
COMPLAINT

The Plaintiff sues the Defendant(s) and alleges:
COUNT I- ACCOUNT STATED
1. This is an action for damages which do not exceed $5,000.00.

2. The Defendant made purchases of various and diverse consumer goods and/or effected cash

advances _— the use of his/her credit account obtained from the Plaintiff on account number

3. Before the institution of this action Plaintiff and Defendant had business transactions between them
and they agreed to the resulting balance.

4. Plaintiff rendered a statement of account to Defendant and Defendant did not object to the statement.
5. Defendant(s) owe(s) the Plaintiff $3022.91 that is due according to the attached account (Exhibit A).
6. The Plaintiff expressly disclaims the recovery of attorney’s fees in this action.

WHEREFORE, Plaintiff demands judgment against the Defendant(s) for damages of $3022.91

and any further relief this court deems just and proper.

(J Flynn LaVrar, Esq., FL Bar #91596

(J Richard Battaglino, Esq., FL Bar# 587931

{] Samantha Yero, Esq., FL Bar #125173
ew Linen Esq. FL Bar #121577

(7) Jesica Geevarghese, Esq. FL Bar #1000457

RAS LaVrar, LLC

ATTORNEYS FOR PLAINTIFF

Post Office Box 19039

Plantation, FL 33318

561-613-0067 or 844-500-2844

service@raslavrar.com

 

***ELECTRONICALLY FILED 08/31/2017 11:56:33 AM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***Page 1 of 2 ————
‘Customer Service 1-800-258-9319 Jun, 05 - Jul. 04,2016 30 Days in Billing Cycle
www.capitalone.com ~ ne 4

 

 

 

 

IMPORTANT ACCOUNT UPDATES
| Platinum MasterCard Account ending ill) yg ptrceis due. Any parent youmake wi rediee yourtlanoeané he py of
| NEW BALANCE PAYMENT DUE DUE DATE yew ce foster The amount you owe may difer if you've entered into a separate payment
| sonst $3022.91 ____PASTOUE
| Available Credit: $0.00 |
Previous Balance Payments and Credits Fees and Interest Charged Transactions New Balance
L $2,965.96 | - | $0.00 foe ($56.95 ) + [ $0.00 i f $3,022.91

   

 

   

 

    

(TRANSACT se
PAYMENTS, CREDITS & ADJUSTMENTS FOR HOMER A WILSON (tt #4

Help Is Available.
Just Pick Up the Phone.

tall 1-800-258-9319 and a specially

TRANSACTIONS FOR HOMER A WILSON IN) A

 

 

 

 

FeES. trained agent will be happy to help you or answer

Total Fees This Period $0.00 ed Bee be happy to help yo 7

any questions you may have,
INTEREST CHARGED s00043-6
INTEREST CHARGE:PURCHASES. $56.95
Total Interest This Period $56.95 CO co oo

TOTALS YEAR TO DATE INTEREST CHARGE CALCULATION a

Ton aes Ts Yeae eed Your Annual Percentage Rate (APR) is the annual interest rate on your account.

Annual Percentage Balance Subject to

Type of Balance Interest Charge

  

Rate (APR) Interest Rate
Purchases 23.15% D $2,993.39 { $56.95
Cash Advances 25.15% D i $0.00 i $0.00

P.L.D,F = Variable Rate. See reverse of page 1 for details

 

 

PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE.

ee
capieas Pe Account ending in
Stay Informed. @

New Balance
For the most current information about your

account, give us a call at 1-800-258-9319.

400021

Due Date Amount Enclosed

 

$3,022.91 | | |
nd ee A

- NN

 

\ PastOue |

     
     
   

HOMER A WILSON IIT

N7U5 BAY ST NE # 300-232 ;

SAINT PETERSBURG. FL 33703-4012 Capital One Bank (USA). NeA-
P.O. Box 73083

neo tafe en tfeenee fede Pe Ls ses Dat HE Charlottes NC 28272-1083

Ae ee et te beep ilildalHow Can | Avoid Paving Interest Charges? tf you pay your statements New Balance in fully the due date,
‘we vil not charge you interest on any new tanssctons that post to the purchase segment. you have been
paying your account nfl with no Interest Charges, bt then you do not pay your next New Balance in ful, we wil
charge interest on the portion ofthe balance that you did not pay. For Cash Advances and Specia Transfers, we
wil stan charging interest on the transaction date. Certain promationalofess may allow you to pay less than the
total Neve Balance and avoid paying interest Charges an new purchases. Please eft the font of your statement
for addiiona information.

How is the Interest Charge applied? Interest Chaiges accve rom the date of the transaction or the ist day of
the Biting Cj. interest Charges accrue on every unpaid amount unt it paid n ful. This means you may owe
Interest Charges even f you pay the entire New Balance fore Bling Cycle, but did nat do sa the previous Bling
‘Gye, Unpaid Interest Charges are added tothe contesponding segment of your account

Do you assess 9 Minimum Interest Charge? We may assess @ minimum interest Charge of $0.50 for each
Biling Cycle your accounts subject to an Interest Charge.

How do you Calculate the Interest Charge? We use 2 method called Average Daily Balance {including new
transactions)

1. Fist for each segment we take the beginning balance each day and add in new transactions and the periodic
Inverest Charge an the previous days balance, Then we subtact any payments and credits for that segment as
‘of that day. The result is the daily balance for each segment. However, if you paid your previous months
balance in tu (or your previous statement balance was ze0 ora credit amount, new transactions which post
to your purchase segiment are not added tothe dally balance.

‘Next, foreach segiment, we add the daly balances together and divide the sum by the numberof days inthe
Biling Cie, The results the Average Daly Balance fr each segment.

At the end of each Bling Cycle, we multiply your Average Daly Balance fr each segment by the daily periodic
‘ate (APR divided tty 365) forthat segment, and then we multiply the resuit by the numberof days in the Biting
Cycle. We add the Interest Charges for al segments together. The result is your fotat interest Charge forthe
Bling Cycle.

NOTE: Due to rounding or 8 minitsun Interest Charge this calculation may vay slighty from the interest Charge
actually assessed.

How can my Variable APR change? _ Your APR may increase or decrease based on one of the folowing reported
indices (reported in The Wall Street Journal) . To find which index is used for yout account, rook for aietter code
‘on the front ofthis statement next to your APRs), Then check the table below.

When your APR(s) wil change

 

[code nentto | How do we calculate your APRS}?
lyour APR(s} | Index + margin (previously disclosed to you)

 

he fitst day of the Biling Cycles that |

 

k 3 month UBOR + maagin lend in Jan, Api, ful, and Oc.
0 rime Rate + margin The fist day of each Bing Cycle
F 1 month LBOR + margin

 

 

 

 

 

How can | Avoid, Membership. Fees? if Renewal Notices pented onthe font of this statement, you may
avoid paying an annual membership Fee by contacting Customer Senice no ate than 45 days after the ast day in
the Biling Cyce covered by this statement to request that we dose your account. To avoid paying a monthly
membership Fee, close your account and we wil tap assessing your math membeship fee.
How_can 1 Clase fy Accaunt?. You can contact Customer Sewice anytime to request that we cose your
‘account
How do | Make Payments? You may make your payment in several ways
‘Oniine and fogging ito your accourt;
Capital One Mobile Banking app for approved electronic devices;
Jetephone Vace Response System by dating the telephone number fisted on the font ofthis statement and
{allowing the voice prompts,
Caling the telephone number tted on the front ofthis statement and providing your information to our
representative;
‘Sending mai payment to the address onthe rot of this taternent withthe paymert coupon or your account
information,

To change or update your address please call 1-800-258-9319

 

oot
o

How do vou Process Payments? When you make a payment, you authorize us t0 inate an ACH oF
electonic payment that wil be debited from your bank account or other related accourt. When you provide 3
check or check information to make a payment, you authorize us to use information trom the check to make 3
estime ACH or other eleconic transfer fom your bank acount. We may ais process it s a check transaction
nds may be withdrawn from yout bark account 3s soon as the same day we process your payment
When will ent?
For mobil, online or over the phone, as ofthe busines day we receive i, as lng as itis mage by 8 pm. ET
For mailed payments, as ofthe business day we receve it, a5 fong as you send the bottom port ofthis
statement and your check tothe payment address on the front of this statement. Pease alow at least (7)
business days for mai delivery Maled payments received by us at any ater cation ar payments in any other
form may not be ceded 3s af the day we receive them
‘How do you Apply My Payment? Wegeneraly apply payments up to your Minimum Payment fist to the
balance wit the iwest APR (cluding O% APA, and theato balances with higher APRS We apply any part of
your payment exceeding your Minimum Payrent tothe balance with the highest APR, and then to balances with
lower APRs

 

tf you thin there is an ertoron your

Statement, write to us a
Capital One P.O. Box 30285 Saf Lake City, UT 84130-0285

In your lett, give us the following information

Account information: Your name and account numb

Dollar amount: The dla amount ofthe suspected evs

Descigtion of Problem: If you think theres an evox on your bil, descebe what you believe is wrong and why
you believe’ isa mistake, You must contact us within 60 days after the extot appeared on your statement. You
must notity us of any potentiates in writing. You may caus oF city us elecrorically, but if you do we ae
sot requted to investigate any potential ears and you may have to pay the amountin question. We wi natty
you in writing within 30 days of our receipt of your ites, While we investigate whether or not there has been an
10, the following ae toe

We canmat try to collect the amount in question, o report you as deinquent on that amount. The charge in
{question may remain on your statement, and we may continueta charge you interest on that amount. Buf we
Geter that we made a mistake, you wi not have to pay the amount in question or any interest or other fees
‘elated to that amount

‘While you do not have to pay the amount in question unt we send you 3 notice about the outcome of our
invesugation, you are responsible forthe remainder of your balance

We can apply any unpaid amtaunt against your cet lit, Within 90 days of our receipt of your eter, we wil
send you a wrten notice exianing ether that we corected the errr to appear on your net statement) athe
reasons we beieve the bi scored.
Your Rights if You Are Dissatisfied With Your Purchase: if you are dissatisfied withthe goods or sewvices
that you have purchased wth your credit card, and you have tied in good fath to correct the problem with the
‘merchant, you may have te right not to pay the remaining amount due on te purchase Fo use this ight, the
following must be toe:
1) You must have used your crit card forthe purchase, Purchases made with cash advances from an ATM oF
with a check that accesses your ret card account do not qual; and
2) You must ot yet nave fy paid forthe purchase
I ll ofthe criteria above are met and you ae sil dissatisfied with the purchase, contact usin witing at
‘Capital One P.O, Box 30285 Sait Lake Ciy, UT 84130-0285

 

 

While we investigate, the same ses apply to the disputed amount as discussed shove. Ater we Ssh out
investigation, we wi tel you our decision At hat point if we think you owe an artount and you donot pay we
‘nay report you as delinquent

© 2045 Copital One. Capital One isa federally registered service mark,

Frcag.
oai29715

or visit www.capitalone.com