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HomeMy WebLinkAbout08-4607I THIS IS DAMAGES Goldman & Warshaw, P.C. NAN12394 AN ARBITRATION MATTER. ASSESSMENT OF HEARING REQUIRED. BY: JEFFREY M. PARRELLA, ESQUIRE Identification No.: 201946 PO Box 806 West Caldwell, NJ 07007 973-433-2153 CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK 4851 Cox Road Glen Allen VA 23060 vs. TRUDY CHORBA 683 MAGARO RD ENOLA PA 17025-1936 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : OB - A11067 al1/i ( em NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S BEDFORD STREET CARLISLE, PA 17013 717-249-3166 COMPLAINT IN CIVIL-ACTION 1. At all times relevant hereto, the defendant (s) was the holder of a credit card, which at the request of the defendant(s) was issued to the defendant(s) by the plaintiff under the terms of which the plaintiff agreed to extend to defendant(s)the use of plaintiff's credit facilities. 2. Defendant(s) accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the plaintiff for the use of said credit card. 3. The defendant (s) received and accepted goods and merchand- ise and/or accepted services or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of the Statement of Account is attached hereto as Exhibit "A". 4. All the credits to which the defendant (s) is entitled have been applied and there remains a balance due in the amount of $1,252.45. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $1,252.45 but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. 6. Defendant's last payment on account was made on July 15, 2006. WHEREFORE, plaintiff claims of the defendant(s) the sum of $1,252.45 plus applicable costs, interest and attorney's fees. Goldman & Warshaw, P.C. BY: Jeffrey M. P 11 , Esquire Attorney fo aintiff THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE THIS COMMUNICATION IS FROM A DEBT COLLECTOR P01A.NAN VERIFICATION The undersigned, Jeffrey M. Parrella Esquire hereby states that he is the attorney for Plaintiff in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. Counsel has signed this verification at the request of Plaintiff as a matter of time and convenience. Plaintiff has represented to counsel that there is a debt due and owing from Defendant to Plaintiff in the amount as set forth within the foregoing pleading. Plaintiff has provided counsel with all relevant information in order to allow counsel to sign this verification. Plaintiff agrees to provide a verification signed by Plaintiff upon request by Defendant. The undersigned understands that the statements herein are made subject to the penalties of 19 Pa.C.S.A Section 4904 relating to unsworn falsification to authorities. By: Jeffrey M. P e la, Esquire Attorney fo la?intiff EXHIBIT "A" NAN12394 CAPITAL ONE BANK (USA), N.A. TRUDY CHORBA 5291151909967356 AFFIDAVIT being duly served sworn according to law, depose and say that: 1. I am the agent for the Plaintiff herein and I am familiar with the files relating to this account; 2. I have personal lmowledge of the facts and circumstances in connection with this case; 3. Plaintiff's files are maintained in the usual and ordinary course of business; 4. This action is based on a claim for breach of contract and that damages are sought as a direct result of said breach; M 5. After allowing for all offsets and credits, a balance remains on the subject account having account number 5291151909967356 in the amount of $987.27; and 6. If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correct to the best of my owledge, information and belief. ant) Sworn to and Subscribed before me this _ day O?t ?Pr? DAVIS HENRY Cr,;!1NT? Q ^?ar(A " ra re- Notary Public MYCQ:.8 fp"J : z RES OCTOUE-R 24TH, 2010 0 00 ?-o C7 W v G -' C-71 co SHERIFF'S RETURN - REGULAR CASE NO: 2008-04607 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK USA NA VS CHORBA TRUDY MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CHROBA TRUDY the DEFENDANT , at 0016:30 HOURS, on the 13th day of August 2008 at 683 MAGARO RD ENOLA, PA 17025-1936 LEN WOODRING by handing to HUSBAND OF DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 15.00 Affidavit .00 Surcharge 10.00 .00 J)0A)6Y'")..,, 43.00 Sworn and Subscibed to before me this day of So Answers: i;g 0%? ?Z- R.'Thomas Kline 08/14/2008 GOLDMAN & WARSHAW By: Deputy Sheriff A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CAPITAL ONE BANK (USA) NA as successor in interest to CAPITAL ONE BANK 4851 COX ROAD GLEN ALLEN, VA 23060 Plaintiff 08-4607 Vs. TRUDY CHORBA 683 MAGARO ROAD ENOLA, PA 17025 Defendant DEFENDANT'S PRELIMINARY OBJECTIONS FAILURE TO COMPLY WITH PA RCP 1024 1. Defendant has filed preliminary objections alleging that Plaintiff has filed a faulty verification in the civil complaint in the above captioned matter, pursuant to Pennsylvania Rule of Civil Procedure 1024. 2. The framers of Pennsylvania Rule of Civil Procedure 1024 intended the rule so that every complaint would be properly reviewed by the Plaintiff, and the Plaintiff would be held accountable for the facts averred therein. The frames of Rule 1024 intended the verification to assure the truthfulness of each complaint. FAILURE TO COMPLY WITH PA RCP 1019 3. Plaintiffs have failed to comply with Pennsylvania Rule of Civil Procedure 1019, and have not attached a copy of the writing for the alleged debt. Wherefore, Defendant requests this Honorable Court to order Plaintiff to amend its verification to comply with Rules 1019 and 1024 within 20 days. Otherwise the Complaint should be stricken with prejudice.. Vicki Piontek, Esquire Date Attorney for Defendant 951 Allentown Road Lansdale, PA 19446 717-533-7472 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CAPITAL ONE BANK (USA) NA as successor in interest to CAPITAL ONE BANK 4851 COX ROAD GLEN ALLEN, VA 23060 Plaintiff 08-4607 Vs. TRUDY CHORBA 683 MAGARO ROAD ENOLA, PA 17025 Defendant ORDER And now, this day of 20 , upon consideration of Defendants' PRELIMINARY OBJECTIONS, Plaintiff shall amend its Complaint to conform to Pennsylvania Rules of Civil Procedure 1019 and 1024 and. If Plaintiff fails to amend the complaint within 20 days, the Complaint shall be dismissed with prejudice. The Court cc: Goldman and Warshaw, P.C. Jeffrey Parrella, Esquire Attorney for Plaintiff P.O. Box 806 West Caldwell, NJ 07007 Vicki Piontek, Esquire Attorney for Defendant 951 Allentown Road Lansdale, PA 19446 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CAPITAL ONE BANK (USA) NA as successor in interest to CAPITAL ONE BANK 4851 COX ROAD GLEN ALLEN, VA 23060 Plaintiff 08-4607 Vs. : TRUDY CHORBA 683 MAGARO ROAD ENOLA, PA 17025 Defendant CERTIFICATE OF SERVICE On the 8 h day of September, 2008, a true and correct copy of DEFENDANT'S PRELIMINARY OBJECTIONS to the following parties at the following address: Goldman and Warshaw, P.C. Jeffrey Parrella, Esquire P.O. Box 806 West Caldwell, NJ 07007 vs?---L-6AvJ L 1 0. 0 Vicki Piontek, Esquire Date Attorney for Defendant 951 Allentown Road Lansdale, PA 19446 717-533-7472 rya cse+ d '? i8FF 'v Mf °- _ m NAN12394 Goldman & Warshaw, P.C. HEATHER N. DANESH, ESQUIRE Identification No.: 209645 PO Box 806 West Caldwell, NJ 07007 973-433-2104 CAPITAL ONE BANK (USA), N.A., COURT OF COMMON PLEAS successor in interest to CUMBERLAND COUNTY CAPITAL ONE BANK vs. DOCKET NO. : 08-4607 TRUDY CHORBA PRAECIPE TO SUBSTITUTE A VERIFICATION TO THE PROTHONOTARY: Kindly take the attached Verification found in Plaintiff's "Praecipe to Substitute a Verification" and substitute it for the verification to Plaintiff's "Complaint" filed earlier with the Court. Goldman & Warshaw, P.C. BY: 1'?a HEATHER N. DANESH, ESQUIRE Attorney for Plaintiff P020/HD/scan CAPITAL ONE BANK (USA), N.A., Plaintiff, V. TRUDY CHORBA Defendant(s). VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities, that he/she is an authorized agent of CAPITAL ONE BANK (USA), N.A., Plaintiff herein, and that he/she is duly authorized to make this Verification, and that the facts set forth in the foregoin omplaint in Civil Action are true and correct to the best of his/her knowledge, information d belief. Dated: k A232 GOLDMAN & WARSHAW, P.C. CERTIFICATION OF SERVICE I, HEATHER N. DANESH, ESQUIRE, hereby certify that I, on the date below, served a copy of Plaintiff's Praecipe to Substitute Verification t:o Amended Complaint, via First Class Mail, postage pre-paid, t.o all other parties or their counsel of record. BY: v HEATHER N. DANESH, ESQUIRE Attorney for Plaintiff Date : 0 313//0 7 FILED-Q.- OF THE PROTHONOTARY 2049 APR -3 PM 1: 27 CuMb ?? '; iiV?Y 0AI ja PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) CAPITAL ONE BANK(USA), N.A., as successor in interest to CAPITAL ONE BANK VS. TRUDY CHORBA No. 4607 2008 Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer tact e., complaint, etc.): C m Defendant's Preliminary Objections to Plaintiffs Complaint ri ZZ0 -c -,r=- 2. Identify all counsel who will argue cases: CA " p*3 :,,o (a) for plaintiffs: r .. Z © f Barry A. Rosen, Esquire (Name and Address) , D . _ <? t'7 Goldman & Warshaw, P.C., 312 W. Broad St, Quakertown, PA 18951 - 4 r" (b) for defendants: Vicki Piontek, Esquire (Name and Address) 951 Allentown Rd, Lansdale, PA 19446 3. 1 will notify all parties in writing within two days that this case has been listed for argument. Notification mailed to Vicki Piontek, Esquire this May 18, 2011 4. Argument Court Date: July 15, 2011 Signature Barry A. Rosen, Esquire Print your name Plaintiff May 18, 2011 Attorney for C?4P1y?¢L oy? i9 gssK(ufA), tivg_ Date: y INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. , -, - - `i CAPITAL ONE BANK IN THE COURT OF COMMON PLEAS OF (USA) NA, as successor in CUMBERLAND COUNTY, PENNS YLVAN IA interest to CAPITAL ONE BANK, 4851 COX ROAD, GLEN ALLEN, VA 23060, Plaintiff V. CIVIL ACTION - LAW TRUDY CHORBA c cz) 683 MAGARO ROAD u rnCO c ENOLA, PA 17025 m = Defendant NO. 08-4607 CIVIL TERM w o IN RE: DEFENDANT'S PRELIMINARY A nt OBJECTIONS TO PLAINTIFF'S COMPLAINT = ;-_ BEFORE OLER and GUIDO, JJ. cn N ORDER OF COURT =f ? ca ?a AND NOW, this 19th day of July, 2011, upon consideration of Defendant's Preliminary Objections to Plaintiff s complaint, following oral argument held on July 15, 2011, and pursuant to an agreement of counsel reached at the argument, it is ordered and directed as follows: 1. Plaintiff is afforded a period of 30 days from the date of this order in which to file an amended complaint; and 2. Defendant's preliminary objections to Plaintiffs original complaint are stricken, conditioned upon Plaintiffs timely filing of the amended complaint and without prejudice to Defendant's right to file preliminary objections to the amended complaint if Defendant deems the same appropriate. J BY THE COURT, .Barry A. Rosen, Esq. 312 W. Broad Street Quakertown, PA 18951 Attorney for Plaintiff /Vicki Piontek, Esq. 951 Allentown Road Lansdale, PA 19446 .Attorney for Defendant 0114 1 / if 60 rc NAN12394 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. Goldman & Warshaw, P.C. BY: Barry A. Rosen, Esquire PA Identification No: 42951 GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK 4851 Cox Road Glen Allen VA 23060 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. TRUDY CHORBA 683 MAGARO RD ENOLA PA 17025-1936 DOCKET NO.: 08-4607 NOTICE - AMENDED COMPLAINT ' --4 C3 CD '+ ? = -r -i N' C:D ;Z? YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S BEDFORD STREET CARLISLE, PA 17013 717-249-3166 Goldman & Warshaw, P.C. BY: Barry A. Rosen, Esquire PA Identification No: 42951 GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK 4851 Cox Road Glen Allen VA 23060 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. TRUDY CHORBA 683 MAGARO RD ENOLA PA 17025-1936 DOCKET NO.: 08-4607 AMENDED CIVIL ACTION COMPLAINT 1. Plaintiff, CAPITAL ONE BANK (USA), N.A., is a federally chartered bank authorized to do business in Pennsylvania with an address as stated in the caption above, and is successor in interest to Capital One Bank in accordance with a change of name and designation as federally chartered bank as authorized by the U.S. Comptroller of the Currency in letter attached here to as Exhibit "A", the terms of which are incorporated herein. 2. Defendant is TRUDY CHORBA, an individual residing at the captioned address. 3. At all times relevant hereto, the defendant was the holder of a credit card, which at the request of the defendant was issued to the defendant by the plaintiff under the terms of a written User Agreement pursuant to which the plaintiff agreed to extend to defendant the use of plaintiff's credit facilities. A true and correct copy of the signed Application for Credit and User Agreement are attached hereto collectively as Exhibit "B" and incorporated herein. 4. Defendant accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the plaintiff for the use of said credit card. 5. The defendant received and accepted goods and merchandise and/or accepted services or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of the last monthly billing statement issued to defendant is attached hereto as Exhibit "C" and incorporated herein. 6. All the credits to which the defendant is entitled have been applied and as of July 29, 2011 there remains a balance due in the amount of $1,724.25, including interest which continues to accrue at the credit card rate of 18.50% per annum. 7. Plaintiff has made demand upon the defendant for payment of the balance due of $1,724.25 but the defendant has failed and refused and still refuses to pay the same or any part thereof. 8. Defendant's last payment on account was made on September 10, 2008. WHEREFORE, plaintiff claims of the defendant the sum of $1,724.25 plus applicable interest and court costs. Goldman & Warshaw, P.C. BY: BARRY A. ROSE SQUIRE Attorney for EQeaintiff P300 VERIFICATION OF AMENDED COMPLAINT BARRY A. ROSEN, ESQUIRE, hereby states that he is the attorney for the plaintiff in this action and verifies that the statements made in the foregoing pleadings are true and correct to the best of his knowledge, information and belief:. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. BARRY A. ROSEN, ESQUIRE CAPITAL ONE BANK (USA), N.A., Plaintiff, V. TRUDY CHORBA Defendant(s). VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities, that he/she is an authorized agent of CAPITAL ONE BANK (USA), N.A., Plaintiff herein, and that he/she is duly authorized to make this Verification, and that the facts set forth in the foregoiFd omplaint in Civil Action are true and correct to the best of his/her knowledge, information belief. Davina o - son A232 GOLDMAN & WARSHAW, P.C. EXHIBIT "A" I CouruplreMa of tt» Currrncy AdntinMtrator d Natonal t3anla Uoen*g Depwbnaret 250 E. Ohm, SW VV00*10W. DC 20219 October 19, 2007 Andres L. Navanretc, Esq. Manging Vice President & Chief Counsel - Regulatory Capitil One Fiaanciai Corporation 161100 Capital One Drive McLean, Virginia 22102 Corporals iaion #2007-08 bellr 2007 Re: Application to Convert to a National Bade Capitd One Bank, Glen Allen, V' iaia Proposed Title: Capital One BaakMk MS Natioruel Association OCC Control Number: 2007-NB-01-0011 Dear W. Navarrete: I approve your application to convert Capital One Bank Glen Allen, V' to a national. After a thorough review of all bdW=sdon available, std Mime upon commitments made In the application and by the bank's nXitavea, I that your conversion application meets the requireats >;or tD convert to a Tonal banking association pursuant to 12 USC 35 and12 CFR 5.24 as follows: Title: Capital One Bank (USA), National Association Location: Glen Allen, Virginia This approval is based in part upon the institution's representation that, prr to conversion, the capital swcture will be realigned to ccvommpplyy with the minimuQn capital reg4irements of 12 USC 35, 36, 52, and 371d to the extent applicable. 1 approve Capps! One Bank (USA), Nadooal Association's plans to contin"e the following acttviHes m the following subsidiaries. Foreign Bank: Capital One Bank (Europe) plc - bank orpaized under the laws of the U ' Kingdom ("UK"). Principle business rs issuing credit cards in the UK, which sccounts for ov 95% of total revenues. The bank also ha: a personal loan busi?ss, which is cunbntly ' 've, and a savings business, which is currently review. SWn 'es of Foreign Bank ?p1W One Mortgages Limited and One Homeowra Laaos Limited - formerly ansaiped Howem as of August 2007, drone subsidiaries iu the tti?ee ktaa seal brokmV = are bothrhhvicdve. As dmw subaidiarift we consideried eve, prior approval from the OCC will be required prior to beginning cry activity in the future. Capital One Loans (UK) Limited - is the holding company for capital one ort?age Limited and Capital One Homeowner Loans Limited. It does not engage in any actev" hies. Capital One Securities Limited and Capital One Overseas Limited - these Mes are investment companies which invest their excess liquidity in various debt eats, typically UK government bonds. Capital One Holdings, Ltd. - Is s holding company for Capital One Bank urope). Capital One Investmdtts Limited and Capital One Funding Limited -aped purpose subsidiaries farmed to provide ax-efficient debt haft to Capital One (Eumpe) to support its capitalization and liquidity. S+ Subaidiaties• Capital One Community Development Corp. - engages in community development investments and activities. S North Hill Ventures IL L.P. - an SBIC licermd by the SBA in 2002. This bsidiw%y invests in information technology and software apMM with a steei& fbem on fi vices and direct-to-coo mm marketing businesses nth t MOM eapttal to continue or ate their growth. SubsidMes EnguW in Holding Rook Premises: Worldscape, Inc. - owns property in Nottingham, England, which is used premises for Capital One Bank (Europe). Capital One Properties, Inc. - owns property in Nottingham, England, used as premises for Capital One Bank (Europe). I Capital One VA Properdes, LLC - holds property containing Capital One I operation centers in Glen Allen, Virginia. Capital One Funding, LLC - securitizes credit cud receivables. Capital One Funding Small Business, LLC - securitizes small business Subsid Capital One Loan Management, Inc. - invests in and holds Capital One and participations. data and card receivables 2 Renaissance Park PInc. - formerly owned real ease used by aP6lia les. Currod2-- i t As this eubattltatry is con:idered dornunt? OCC will be required prior to beginning my activity in the fidure. Capital One Realty, Inc. - holding company for Capital One VA Properl Renaissance Park. Engages is no other activities. Cl Insurance Corp., Inc, - previously sold inwrance products through Currently dormant. As this stibaidiary is considered dormant, prior ap required prior to beginning any activity in the &m. Inactive Subsidiatia: Ever 2255 Limited HFS Insurance Services, Ltd. Support Selling, Ltd. My Ltd. MyFinance Ltd. As these subsidiaries are considered inactive, prior approval from the OCC to beginning any activity In the f rture. You am reminded that the following items must be satisfactorily addressed effective date of the conversion: I One Bank and its approval from the LLC and I One Bank. of the OCC will be will be require prior or before the 1. The bank must purchase adequate fidelity bond coverage in acoordan 7.2013, which lugs four factors the directors should consider to datenn with 12 CFR ine adequacy. 2. If a director, officer, employee, or pr. . 11 shareholder of the bank (' which such person owns an ir?terost o iIti percent or mom) is involved life insiminc a to ban customers, the baa3k should enowe compliance arsong other things, pt5"Its a covered person from retaining commis from the sale of credit life ,lasumee connected with any lose the bank luding an entity in in the sale of credit ' 12 CFR 2, which sions or other income makes. 3. The board of directors must adopt and have in lace policies, practices ensure the safe and sound operation of the bank. The board also must practices, and pr?ocedtmas continually and ensure the Procedures for bank's the Minimum Polici olicies s and anu enclosing , and procedures to review those policies, with them. We are 4. Capital One Bank.(ilSA}, National Association, has reptesextted that ' intends to maintain its membership in the Federal Herne Lan Bank ("FM") system. I at time, Capital One Bank (USA), National Association, ceases 1o be a member of the FHLB system, it must use its best effort, inc1?d?n? the FHLB or the edaral Hsu Finance Board, to dispoe?e of ?le fhe.TThe OCC will insider this stock a nonconforming and for any period that Capital One Bank (USA), N ional Association, is not a member of the FHLB system. 5. The bank must ensure that all other raquirod story approvals are b"Amed. Pursuant to 12 CFR 12525 the bank will need to file with t? 0 ? a ?r A t. ng designation as a limited purpose bank far purposes f i Community 6. The directors must own qualibying shams in confonnanee with 12 US 72 and 12 CFR 7.2005. 7. if the converting institution is subtiot to tore Home Mortgage Disci Act ('11N MA"), the bank must enstir?c that its repoeber rdmdf>catiorr number mclu on i HMDA transmittal sheet is changed to reflect its new OCC charw number. 8. The converting institution must notify the OCC If the that: described the filing materially change at s y time prior to consummotion of the conversion. Any ges to the executive officers or directors must receive a "no objection" from the OCC. 9. of the boob and records of the foraipi subsidiaries % ill be located at of an operatin subsidiary of the Hank in the Hired Ststes. In ea of?l3adc or addition, the fore subsidiaries will subj to OCC examinmion, ision and reQUlatioa and the BBank will ensure prompt OOCCC access to all books and records of these sots. lanes. Upon completion of all required to convert to a national banking iation, submit the "Conversion Comphnionn=cjtion" (enclosed) certifying that you have one so. When the institrtion has sadalaadorily campkted all of the above steps, the OCC will issue a Conversion Completion Acknow? officially authorizinthe msti 'on to commence business as a national banking asaoe At that time you will receive th charter certificate. if the conversion is not conarmmated widiin six months from the date of the ision, the `pproval will automadcally terminate unless die OCC grants an a taraion of the rim period. The 7 its opposed to punting extensions, except under the most extenuating circa and expects the conversion to occur as soon as possible. The OCC will send toy under separate cover an set of OCC ?sndbooks, manuals, issuances, and selected odter publieabaes. Mds Inform does not incl the Comptroller's Licensing Mamwl, which is available in electronic form on our Web site: httDWwww.oc;c This approval, and the activities and communications by OCC emp connection with the filing, do not eonstidste a Contract, express or implied, or an other ?? binding pon the OCC, the United Std any =? or entity of the United States, or any o or emup of yen of the United States, and do not the ability of the OCC to exercise its ervisory, regulatory, and examination audxvities under applicable law and regulations. The ing may not be modified or waived by any ampkayee or agent of the OCC or the United s. All correspondence regarding this application should reference the anwwimion control Chanson at number. 4- If you have any questions, please contact Senior Licensing Analyst Ramat 5060. Sincerely, Jan Kahnus Jan Kalmus Acting Director for Licensing Activities Enclosures: Conversion Completion Certification Minimum Policies and Procedures 12CFR9 Survey Letter av CL 4 •c cc x 4. ? V ? as C? r r ? D 43 c aG N w .q; w . W CC L= u? 43 cT ui "mw "NNW Hi 0- (V 00 a 2 ?r .R cn 'f nJ V 'a C m E ? co V v L .- a pp _\J ?c Q U !n?0 C v O vs Q C ? a? J c N a-eea> G O acn ""'-iJ.110 ION 00 ..,6' All 031100 3HI 9NOW Q103 3SV31d ..._.. __ ... V os 'ma ?..y Fi,1 U ? M y V s " v ? Q v o ? V u7 O O L CD 441 C7 WD ? O U) CY) t1 . . mr r- O ? ...? • tD V '? u7 r?+ c c 3 .w ( , .--? g ?v o n A N Ia p?I O N V? e? c. Q M CUSTOM Welcome to Capital Omit We are pies to have your awl card &=of This Custom Agromenl cconbhs hdoma+ort NOW your account Please read t and keep It for yaw moods. Your aontad with a for the and end amount ('be Agreement) constsb of his Customer Agrmnvd, lopMw with any drapes to tlds Cusarner Agraermn drat we make as provided below, to Sal)addPl Account (iappHcebla), he Security Amount Assigirmanit Agreement applicablis, Capital Om P Notice, amount daeosuws provided and delvaed? D you pdor or ON he lime your aamuM opened including dM9oeurn pursuant to requirements of Truth In Lending Ad (haaYeller'fitA Amour Obdanre , as wait as any subsequent not= of de? nli9es to two documents, and any and all documents that oWMe you sgnahsa (tinctodlrg o or digital aigman} on my applpton, asks asp or ot1w eeldence of I=n on your amount. In Ibis Agreement to words 'yet' W and yours* refer to each pawn who signed M applldelbrr for he aruand (each, a Joint amwnhoklef} and to anyone am who Is suferiud to use he wound In may way (each, an 'Aulerhad Ummi Except as specifically dated berem, each of you is ndkMw* and ' - obligated under his Agreement. The wads wiI W and 'our" mean Cap" One Bard; aid as successor, assigns, agents adfer adhorked rapresanahaa, f Iba application her he account MM that the account will be a m theAfunds you hame pledged to us ad mean momAssgrsrwnt Agwmrmt (t applicable) ? ot f T oo rrient ad this opply to any ohs Capital One Bank asarnl that you may have, d them now or In the Afte, arm m pnovkbd In he Ardhation Provrsbn below. Unless you hove entered into a Sam* Account Amalgamated Agreement wlh us, the amount is uwecured, Except m provided It lie Seamy t Augment Agreement lf sppiaba}, the account Is not seared by ny ohs popery, rgardlM of to amw of any char contact to which you and wa am suNac. We cm delay enbrcNg any of our righa udw this Agreement without losing them. The card Is and remains our property, and you will sunader it to us at any lima upon request. Anignnext We may baa9la your amaamt the Society Accent (f applicable), the Security Amasri Assignment Apemen (t appiabfe) endfor our rights taller Ilb Agreement b on assgrae. The rise ell take our plea under ft he 9scurly Amount (I )eserespect to to egmeemarb shut restamned applicable) with The angme may or may bet be an affiliate ofCepbl One Bank You mat pry the assgms and otlwndse perform d of your obigafms under terse agreements. You mat bansfor your aaekmt or your rgtia order tats A9menhwh, he Searly Aarnuw If applicable) or Iba Security Amount Assigwnen Agreman (t sppkabb any pesos or may, wged our express prior written anon Subject to he Retooling to eantance, his Agreement will be binding and Inure to he benalk of you and our mmpadNe awceseor, assigns and repramtalli 005115 ER AGREEMENT credit tlmN, ewer If those transactions ream in an over Ims fee, and those transactions and bee will be sub}ed to film Agreement and Vol, Secasy Account AWprmonl A9m 1 applicable). Any transactions honored in excess of your area Ilm w? not In an Increase of your credit limit unless we expressly ndlfy you othease. Additional Benefks end Services. From fire to lime, we may other you benefits and services wih your socout. These bm tts and txMcas may be prunded by in or M parties. Union expresely made a pad of his Agraenwnt snd except as provided In he An6uedon Provision below, srry such benefits and services we not e pat of 0% Agreement, WA am ou"ict only b to eme and conditions outlined in im bmafbt or se ham brachia and other otfical documents provided to you with respect to to b oriefds and xrrices We may adjust add, or debt berefib or servkm at any rim n ecmdmce win the hwodauim or domMO you receNe. In addition. any such bereft or services offered to you In he most anent version d the %4& to Berefisr shot rapaoa and supeaeda the bmefb and services that had been ofead to you In ab previous versions of he nulde to Santis,' wrhout further, notice. Except as provided by applicable law, we arm, not twists for baefb or services provided by M parties or the actions or omissions of those third pates. Moktrig Psyrm tis, You paornse to pay us and am Rable for all amounts; due rmuftp from to aAlerhad tea of your cad or armor, Including my fiance d"d and MU S choWs due under lie toms by a of hdaeAgreement Payments must made In napofable Instrument (an Win') must ?a hem amble mow to us endrbe drawn on a U.S. fmmelal Institution. We may allocate payments and am credts and pnoaeds aalQag the various mgmab of your account, and to chegm and Pmt clue raew within tremaeach cfas ? lower any annumy we ds%mm1ne, al parcentaga rates (mss) belarices before ?s vin tgnaAFw. Payments you rail b us at the address her payment sated on your periodic statement w?)illly hiaet aedled to your amount as of the bsn$ss day we realue it. frocirldled nd yynour(ehedc in to resistance awoope provided and ( your payment is a removed In our processing anger by ft Now, indlcafed on your periodic ewbnanl. Plane stow at lessl free (5) business days for paid debvery. Payment waNed by us it any ohs baton or In any ohs form may not be credited as of he day we recefm hmc Our badness days are Monday - Sabi", excluding hol lays. Credit aradebBry slay be delayed in our sale discretion to eamre payment In good fn lo. If we siapt a payment at some ohs pace. we may delay the cradling of five (5) days. his rney Us ng Your Account. You an mess purchases and aNair rags aduancm (if ash a d adeflmd rl?impe dtargift andTmay resual h ? you 10 Incur mount being ? pay dared hom to statement b avoid a kb payment tee. However, you may pay more than the Including our right b wcalve payrmn in Out. No payment shall operate as an advances are an option for your account) by sang your can, ecooant harder and any be In default account senses chocks (including purchase Cie* Corwenianw Chocks. Special Any marknun payment that Is due will be obled in your periodic; sbament. You Transfer Cords and ohr "or c aclw} that we may sad to you. At1d(tloely, you may must pay at bsaf the minnem payment due by he dame noted in your poriodc tequeel a atop payment an somas same decks, but we remrve tle right to charge you a in for such Wooden. Who we provide you with Mount amnia chaka, niwmm payment or pay IN brand in U. In any case, manse charges will we will ref you wmhr trey will be broad m purcteees, cash advances; or special wmtae to be amerced during bMng periods gal you carry a balance regardless dw tmaar. Union are ors YOU atanelme, Carvan e ce Checks vdfi esmys be treated as a beharor not yawsatementAmaminnam payment du m, arivanaea We may establish offered segment; her you account, arch as a purcrose We an adept late psyrams or partial payments, or harts merited 'payment In hi' segment a cosh adanance segment and a special t melsrs segment. Each or other eiafar language. or payment; whin a request to apply thepaymen t In aegrtwnt may be Ribjmd to henna end oondifione hit are different than those that are a particular manse, without laing any of our fights under tds A9?n, applkeda to olher sagrtents. Our =, m any, fa any wrogful dielena of an amount access check is knitted to a xard and satlslaaon wAmhd our prier written approval. All wallen your edu91 damages and that not Include any aaequemal damages, and in no avant ef mmmuniafgis OOle nning Eapubd arl0ala, Including any check or ofwr t it exceed the annum dhe check payment Instrument tat l I ,a fat the paymand coottlnes payment in Nir of oil agree not b ON he and or amount n canecfon coat any inters[ or Illegal he mnaWf tired or that lm al demd with alma condition or limealims or me full gtamlvp tramaoforid, but any Infernal or illegal gar Mip trarsecfons in which you engage with the card or amount neaedywfms reel be subject to this A9reemenl said he Security Account Assignment Apaammt {f anpfaWe). Your cord rand mcooum may ady be coed for valid end ahwkrl purposes. If you use, or amberite 3=110ae sae b me, he aId or emaian for ay aibwttA or io pupae, you will be rmponsana for such use aid may required to re' fee us and lAestemCad nlermiforid Inmeporated 'tdaeWCrd' or via USA, Inc. "Vice; as applicable. or IWW ammum het of almrb of experras tai we or they pay as a result d Rich uolawtol or kmpor issble use. to any even, any unfawhd or fmpenmesble banrsecfas in which You Itlh fee card or amount nevedeelses wR be KMW to his Agreement and the = Account Asel9nmad Agreement Of appfeaWe}. You agree het we am not mWnafble IN NW* reflees to honer your card of amount. If you had a prior credit card or Ober account with ve, or such an account or balance of much m Accord was transferred to us or on of our sfUMM and you agreed to relretab the batsnce of to prior amount h the yam of you new account, the raw account wend amore Mmm doges from ft deb tat On mw amount Is opened. Auhar and era am not kAnd sy rMwdbl$ Nor the errant An aufedted user may use a OWN CON!, an request =10 account kdmrabon and can mWea t to be mmoved son 111111 111101011111111. StMed to our dlmaeton, an authorized user may not be able to WW Oed* action an On amwnt You agree W provide up lath Information idevill" my Pesore YOU autlhaae to tee your account, indudbg their name, addren, doe of birth and other identifying nfomatlan we may inquest ExdwW Rate. If you make a transaction In currency other flan U.S. dollar, VISA bbmmfonel a MUWCad kllarndtanel will comfort to charge or credit Imo a U.$, dose amount in smadenee with lei operating rapWUony or conversion proomams in elbd at ft Imo the tremaetlen Is proasaed. VISA Intematbnefa regulations and psmedums provide toll effective April 2. 2095, the excl" rate behaem the transaction amnq and far biffi g txrcrioncy used for proassirig nbrmikml trensecUons b e ter 111 a coo selected by YlSA Gam the re npe of acceptable ram in whoieseIs a?rtm?y markets her for appfnbfd con cal pmocaeshp dam, Alan rate may very Gan the mb NSA belt receives or (2) Ilre feveertarham ma dabd rib in oW for cove eppfeaMe eenbd procasip deb. kbeMrCad Irdsmatbrtars regutagons and procedures povide Ina oararwy oxnrasmon na A uses Is atlwr (f) a wholesale market rem or (2) a government me rate in effect on the day of im cenrei prone " dab. Cash Equivolord oTransactions. N cub certain dome sdaare an option l cow for your a unt you an use your aoooui to rapid tremedbm' As ash equsdml transactions wall be treated as ash advances and will be bled to ft ash advance segment of your amount. Cash 9WAlen limrsacfons kxiude, witwut limbelon, the purchase of wkv bansar mans/ adds, bet, bltay tldsts. nano 9-" d0a herd dear simper products or savkas. NoIbbp in the peraymph will be kihmMmfed to "mob my Dmsadm hat is unawhJ or Impamiesiple. Your Cram, Un t, Your iitlal and IMt wR be dkmfoead whom your acmtm is oparwd (or VJVOW). Elm kftk, Or at cry later line, we may OWIlh dlterent c* Iimfs fwl apply b d kWt Ngrr nb Of yorracartt (such U pumlaess, cash rNrion ed apecbl NftftQ, Your merent aadll NO wB be Identified In your pebdlp aamentai YOU 11191se not to aft the babna d yaw aaaud (Including sit fmmcloM fiend cages ant spoof fees or degas), or to balance of the applic" segments of your amen, to axmad the $1140019 credit *rA&. If YOU have been glean he option to naeaae your credit Rd by edding funds b your Security Amount of applicabio), we reserve, far right net to ilaaase yore aedf fnhf f he additional Nits am provided while your amount is In debuts We may ncmme or deceam your weds ems at any lime wfhwl prior mfrs to you, may Mnpaemfy increase or deaape your credit lints at any cons w u prier rtot0e to you, may into to credit Tnk for astl advencee or mmy take away your ability to obtain cash aNmces. We may tuna transactions 19 excess of your ad from far amount or any Oliver credit amaum with us. -If your payment B b any other address, we may accept he payment without lovint; any of our When you send us deck(s) to mama paymenton your account, you authorize us to make a om$ne aieCaontp tanager from your bank account for the annum of The a" as Indicated by numerical dlglb. This aut ittafon appfm to of dtedgs) received by us during he bang period even if sent by someone ant, who you agree Is your agent and waa provided with hem disclosures in advance. This atMaaVmton Is not cmtrkAed by the dais an the check and Includes wem#noNms. We will not be bound by any msballve, logerd or condition appearing an the Ica or mvene side of Ave check. t we canna process the eacemk bander, you aulloo to in b make a chorge "at you beak amount by proceed" the check, sabesbrfa deck, drat or singer instrument We trey abet Now amours m rgpmoprkts to correct emw, rammed Rome, dchlb std akNar MMM. may, In our sole dlsaefort ofd an expedted payment serwa, You are not mgdred to use his orrice. When you ma haaa us to process a demand draft, eadmmb ACH debit or ofer expedied payment method for your account, we may charge you an expedited payment roe In an amount dtsrbeed to you at the frne of the service. We are not resp n" her any dishonor of the payment by yaw depakory hektudoh ad may remain, the tacit lie o sntdauch dshana, If you give your, acoonl number or afhs ammunt Information to another person to rota a paymrd for you or to ad on your behalf, you agree that we may discuss your amount wM that poison and proom lie paymmnt as m it were made by you. You fens ogme that you wkl bempambia to of consequencesof payment a maWayment by such party, including ohm bd payment return pa", ale fsyrmd and over waif hem. We reserve the tight to mNse to se s$ payment on your behaf Of to permit another perm to ad an your belat Partook Statement Each math that you have a credit or labs balance of more than $f in your eccour, we wa sad you a periodic aatgment se end when mq*W by applicable hew. The Wo* eaamen coif an= at hamaabns filled b your amount durig fm bMng The big period Is he tlme ran one soamant dakp data throtigh nduding ft next slelemml damp done. The sobmmt dosing deb determines de month of a apeaYc big prfod. For example, yourJareary bilking period Is the tolling period with Ate statement cbsng data In January. Fission Charge. You will be assessed finance charges as previously disclosed to you aspatdcowTIIAAco mtDsclouesor aswewill disclose byoui,required by applicable WW. Temporary Reduction in Finance Charge. We reserve the right to riot amens any or all Ar arm charges for any given filling period without wahkg he right to amen much franca Chagas In a Un bRng period, Warr Fero and Charges. The fcliawng fees will be billed to to pwdme segment of you amount and will be treated as a purchase and appal eta ret yaw ovaiabla am& it* u lou oMmwise spaeYad, in every bi! padod In which whet apply. (I) A bb payment ice will be asammd If we do not mahw your payment In On for k to be credited, as provided in this Aomerni n, by the defer ebkw nyour periodic satemenb (1) an over boil fee will be assessed f he Delany atf your account (or any segment of you amoung at ooy On during the Wing ? lo( wry reason, is gm al to to appAable tanporsry a pamenwut uadlt retedons of waell went amfirm as a rauR Of e Vansaatla Ilmnas aMga or any odour in or chil even r approvad by in); a returned c sck fee win be anessed I we do not tans any amount wccea deco for any twson, (!v) copying dwe" for dupfcate copes of "reactor donnrwagwn or perlodie s0flem de win be aaeaeed m a pa bask, unless required for Whigdypuk reaohroon; (w) a retumed payment fee wive ba asseaed d, for am ma h) i dadt draft or OW Inaxumwd k not honored or cwuat be ptoomaeQ a (b) n ebebmb drbil k retuned upW or anet be processed. You auArortra a to resubmit assured payments In our di ae0on. At our option, we may asem ft In each film your payment it not nonmed or paid, warn I It Is WK horored or pad tolaMhg resubntbetan. dadr, droll or *dw Ins rl be Collected orb two line or cpo Ay try for t or whmkdedd line. W provided We or add aMtoM less and nerve the right to ware any of gees tree without prior notification to you while mestsinhg our right to access trim fees going forward. Cob Adwance Fee. N cab adrenaa are pemlesd for your ao"s, a ash advance fee finance charge will be (i) assessed apgpuNekartoabpaytnseclion, _ cash advance segment of your acmum and X led Im. The mount merge will be a d to Ww Inane charges shown on your peril statement ? shee ft ossih advance fee of cote cam annual paranta9e mile disclosed rofa? l period to t be par than the w"I powaemage rote d ed b you. Membership Fee. If applicable, a marbership fee win be imposed in you bet baYUg using, oth omiss I will bur aeseaeda In the In ? ni s blifirg Period which goo In mmiry of fie tad our per K OM oooaae, V ft mambas Ipft fee Is sm ind em they it wit be aaes ?ted i sect bMM period. The fee will be billed la ft pwdl l of and will be 1r kdasapurdwaeandappladaganayou ftiercredit bm?ThemenmbemMir fee will not be refunded, n whom or in gam, wen t you awe anal the aacou i, Trams Fee. A fee win be seaemad for each transfer of funds from your smout to your Security Account advance "no your W At and! to by e teaad as ear Wince and 110 pp plied ds sga inst your awlabk as* Anvil Foreign Imnaaoft Charge. For each vwsadion mode In a aunty Wo then the U.&, or U.S. Territories, we whin amass you a tnaoe as:%iousy disclosed b you as pat of to TI LA Account Dlwioaheea .. .' wM dledaee b you it required by applicable Inn. The feewa be based on ft U.S. dOitaram ooh the transaction. Crack Buren Information. You agree tat we may obtan irdmnatm about you from credit Morig agencies a ours It Dry tree and use A la Ibe puposse Of monitoring your anal perbrnwoo, m ragleg your accent and o ntldwing you for new Oilers and programs. Security Imerat The terms and andirons contained wthh this paragraph apply ony t fine application br the account stand that the account win be a seared account You proridad us wtri contain finds, wdhidh have ben deposited in the 9satriq Account To secure payment of the balance of the amount end am other amounts aaeg under you lams of Ints Agremrent and to SoQ" Account Assign rho d Agreaem, you have at tut ?Obdg90 e grand b us a security Intel In the Security proceeds of proceeds. this security nlwest Includes, will Milon beg 10 were placed std to Security Aoartm, any addiona funds added b fa Seaaly Acaunl by ay pwam and any him gamed b a arced m tar Seamy Arrant The same, of the sawiy I*" we set fore h fa Secw* Account Assignment Agreement you awalei 11 111 you ddwlt or fall to abide by any of the terms of this Apreemtmor rim Seamy Anoarnt Assiprwrhent AgrssmenL (<t you cbee you account a (tIit) cue canned yarn account br shy rntesm, we ray den or ftartdbr, tiro nwNlnout prlor notes b you, our edy Mseriest try dnducig Han you S'ecorly Aooounl rie bakna due m Y: oecaum ad aA ota aouunkowNq order fe krrrs of ins Agreemam end arlgACCaanAseiprondt/gtaonwtlWa may aswWe tnb nnggMm to coda eurdn deAla fro9m your Secrtdly Aoaunt padadfaAy a we detamna tube remelnhg fin?tha Sou d- Atxohadu you yPerson IegaM aRkd 1o aceNe ywnm eA Fuhn OSars. The Ism of any tune all misting in rie smcunt will be dsdowd b yyoWu at to Inge the offer Is made. N you accept an otter, the Were AM beats eflaalvs Mlemdklely, umese oriawks epadw In the liner. Daauf. We may, is our sob dbcrabn, declare a d clad ands this Ageere nt If. (a) we do not Me&* the full am unt of an nin(mum payment on or belong to data it Is due, (b) you nosed any aedlt Met or (7.n here used to make p on your aoauM Is not honored or cannot be preommd, or an sec onl0 ft bgb Ill fparyyment on your account is nfral unil or cannot be aocessed. Tothe extent Demthad tar noFahle Agreement (a appMaatal ), (2) Woe taw declared you b be in dakWt ardour the term of any other sgmww t with us or any dour aNNn. or f3) we detemine bet you made any Was or mkbadng statements on yqur aao&xUice, or egardtg do use of, the account or atemka atWmpbd to defraud un m-' bantunpley or other nsoNanq his are hswuled by you or eganal you a 5) you doe or am declaed isp ?r or MhppadkNd At any tea bllowYYqq arty dstaut under this a rwe p youayn?otordghtfocinthm, kuitii?ea?edby?you rn1 be subJetx to pry-g Inbred, intros Chagas and oft tea pursuant to the isms of this Agrtanent -dudkhg ary appeaga ddaWt reb, wan atx ay bdamart - oblefred. Addakxwy, we may, at Our $ob option, (x) Init or not slaw Y. b reeks any new plhchaa or cash Haseadias an your eco s), y) Marease your mgimum ppaayp?raaaen?I win such rata as may be nequned ? cant law w Iz1 subJed b to Nrwbttlors of applicable law. dam your acwmgs) end demand b payment of the enter oraserd V balm plus all odw amounts owing or to W" or ris is rie wuenht.ffwsd by kw, You epea to PSY a cog of our actual court cab, collection apeaa AN"I lea (wil paid b an attorney who Is one of our employees or an am" who Is not one of our w ) Incurred by us In the collection of any aaaunt you are a under the Agreem ot. You also agree b pay us all of our actual costs rid we hcur in reMev-gp your ar&, Indcd-g any coo we may Incur Ir/ havbg yoxrau'ooum plead m a rseMldetl flat Noting In tM parapeps sled be am Wed b waire a impala our right b require arbitation in accordance win the Arbitration PmvWw below. Account Cloture and Sasperabn of Credit Pdrikges. (1) We nary, at wy time, with orwiaul cause, with or What advance rafts, rid agaden of the existence or non-exislna of a deb A wow as to account ardror dared our pem milly eapard your writ I? undw gnat to Agreement N we cancel the 006M3 an wrrMa and dean using you cwd and aoawd. Nyau do not cancel an praeuladmd blNing arrergwnems, you and we win aonaida our recall of a prawladted debit to your amount to constitute your aueariturtfan b reopen on account on thou lie m as begin In this Agil and the Security Account Assignment Agreement ftapptcabia). Youracceud will not bur deed writ yyoouu pay a0 amounts you owa us order this Agreement end to Seedy Acaaxnt Assignment Agreement (t appicada) IhckdMg, wNoct Amgatim any purchase and cash edvaoe bmaectbns you bare suUbtsed, tirwnce dwrgea, kfe Payment tree, am limn lase, robsed check teen, mulaw paym m fees, mnnbirslip tow cash advance lees, baefer fees, ?appYycog charges and any alter fees charged to your amount You we reaponn,Ate fen tang amounts whether they rare been ftmed M the tkw you request a closure of the avant a qwy we I11CUll d subaquam b you request to does the avant This may rows k dwgaa appewYg On you amowd &%w you them requested M sccamt to be dosed end, r the amout has anowly even coed. fie arootm will be mopwad on ft fear settppbth in the Agreement and to Smoky Account ple fran a?nardhert? ant we(teceNe tiler )die from the M you mta? yyoaurr s mt merchant has baser dosed, your account will be reopened. the wmrd of go charge will be this Agrartranl and to Sway Aoxowf /uaprmmi ABnemml IN woe"). The membership be for yaw aconsfl will Canl>ttue to be changed, to IN esknt permilled appill low, unit ft an% amount balancis has bow id In full, as deeaibedby above. NN the account peed, a new mMnthip flee will be darned b tun amount as dared above. t you, mill ng as ft pAmW cardholl want to terminate a JoM accaanfolders or on aMotbeld users access to low amoaht you mutt all our Customer Refelass department and nemylest Nis Wnlrebon. Immediately tneroefar, you apnea b destroy gat peraaya and destroy aay url account access chad a in that persons pamemin. re my bs ¦ delay n the elfeciwe dab d the lse ndon of that pep-ft emal b to aaaunt The emount will be charges harn?llw use of IN amt a to scot nt ft JOW accol gder a u through t halsad eterminalliDnewniffnedSlIg6l not appear on t the account untiln bbr 1I If you am unable b d Ihe Joint acamlholdera Of adnttodmd UBWS cards) of b destroy the unwed account access rdectt In that person's pomemI n, and you at our Cebmer Relations dream b does Your aCamnt you account wet be dosed in accordance wile low preceding pargrsph. Ell you andior tar Joint ardnodar, I any, may apply for a newacaouN. Changes In Forms. Woe may add b, remove, Board or change any pat of provision of this Ape ant mcludil to anunsi pwanrlegqae rak(e) and ary charges, (Including adding new provisions of Ue creme or a "faro nature is the exbtl g In this Agenent) artegmuyketdbs. N we ead do ? a go. we win on you by F the axkm nol Posempled by Fe?deafe ihaw) unions we h pvbusyynotfalaw d he carper that to account would be subJed to such amandma t or dsmge wetaut notice, Notes will be maned to to lam b%Vaddress Indaled in our records for the account l no notice will be maned N we prevbusy had notilin you tal your amount would be autil to such amendment or Orange without nice. Chwga to the arnol penoartage mus(e) wi eeppppy to purr "Ati g account b lance from thou eNachw deco of fifie charge, wtnrNer of not The amount balsas ncs dam Martatdiw6v birtl b tla occaat! befw the cage dab and whetwr not you anti ue to use the mount. Charge to lase arid Ofwr charges will apply byour amcou hmtheeflecevedatedfachange. m Law. WE MAKE THE DECISION TO GRANT CREDIT, OPEN AN OUh2TiN AND ISSUE YOU A CREDIT CARD FROM OUR OFFICES IN VIRGIN A This Aill Is to be aetired in aaotdem whin and governed by the lawn of the United 114We of Arnica and by do Menial ll of the Commonwe" of ylaw wthod ytvhg egaat to any choke of law rule out would cause rte a pNcation of it* Wart of try Jurisdiction Me( to the laws of the United Stalls of America or thou Missal laws of the Commeani sir of Virginia to the rights and dales of to parties. This Agneasm le made In Virgil ft w111 be y mod"by Fedanl low and not?b? bra a pert Agnew t This Agnam ed will thin road n if to elanlolCeabfa a Invalid peel ware not that, but tie remaining parts will ratnmle In sfkct Ifil You welve tun right to reahre mice of any waver or delay or alb proceed a wA trot a d stow and any right you may haw b MWIre party b*m vain, b to extent pwiMM by appliable ben anyMdsam insertions deferse for an adOma paled of ieegnai to tine ep k*e limitations period. lour or Stolen Cards or Account Aeeaa ChKkL It your cad(s1 or account aak,a decks en lost a SUM a If SOMOV I ehu may be using thwo without your plemisaon, mlffyr us d once q aihlg de trim number on fa beck of Y. 51. vend a, A diflaenl to klepho a number sewn an to Hat of your VAIN tem enis, a by wdOrmg us at Capital One, P.O. Sox 85015, Rchnad, 15. You will red be lode n any amorrd lo r unovtodnd use of your cards or account access dads. You agree b tell u, a area t you doge your name, eddrem, tebphom number i=7: You agree to give a wmbn notce of any in you billing 10 days before the binge. CAargea lea 1Y l1 In the space prodded on ft nrd8ance coupon pa8m of your p irma wet or nav be sent to to following address, apNa the, P.O.6%85015, Richnad, VA 21285• 5015. K your amount a a joint aoarrl or If more then me perecn is powi&d to life I, you agree that 8A rotdxs regendng fa account may be amt coley to the address down on our bill records. Coemuntraflorm. We may Alone MomWim to Othem mgaMhq tie status of w'? of your socount 6ear a set forth in tie Capital One Privacy Notice, a copy of connection with inn you. We may cone dries of thW parties in co xg and col l your account and you sutor¢a such rikd palls to abase ndmmwym about you b in. We or our n iprosentarm may MOW you Mom time b Ime regarding far account or to ask far additional hem lion ebohd you Or your aapalenct AM Caplbl One. You agree that such contacts am not unsolicited, am not idled axapl as expmeny squint by aapppplisede fear and hey rauMf hl OWW M010101 1l have provaed a tat a obWned foom other same. For mampl% we may orated you at your tome or plea d employment dung weekends or hddays, an your moble kkphme. rotxrel or WINIffing MK*A, ON by small, lax, receded meutge, fed real Of pit Except a restricted by applicable law, we ray monilor or record any curb we maa or nxxdNe, suppress caller Idntioabon saNkeg and use n aubnu ed disig and anauhdng dwbe. mNar dbYyd You red unused accourst access dwb. ARENTRATil PLEASE SEE ? under tkAgrwnmt PLEASE NOTE THAT THE TERM IM LUDEO IN THE ARBITRAVON e and s?a?r to max um k carnated or You C" privileges PROVISION ARE PART OF YOUR CUSTOMER AGREEMENT. werw r ugow sae on m oast a your agaa Ora Or, m dMarent rib tgqne f in ar yes tl untried amaurt gcam dhaka, anab as . YOU preautlariad thilrhg 0 2005 Capital One Services, Ina Capital One is a federally registered service merle AN rights reserved. D318-17-0305 ARBITRATION AGREEMENT M-75733 IMPORTANT. THIS ARBITRATION PROVISION IS A PART OF YOUR CUSTOMER AGREEMENT You and we aprae Lhat eater you or we may, at eiVw par" sole election, require oral any Claim las delned below) be resolved by toddling arbgralli it YOU On WE ELECT ARBITRATION of A CLAIM, NEITHER You NOR WE WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. EXCEPT AS SET FORTH BELOW THE ARSITRATGR'S DECISION WILL BE FILIAL AND MMMiG. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT INCLUDING THE RIGHT TO CONDUCT DISCOVERY On TD APPEAL, MAY BE LIMITED OR UNAVMLABLE IN ARBrmaioN. THE FEES ASSOCIATED WITH ARBITRATION MAY BE HIGHER THAN THE FEES ASSOCIATED WITH COURT PROCEEDINGS. Spe*W DeUnilione tar this Arbitration ProvkferL For the ppuurposes of Ihis arbitration Provision ((%rbitoDen Provision'), the fdbwktg deltnlEan shall apply In adddan to pre ddinitidns set forth in your Custanas ptpeemem (-Agrdoownlr): -cliaial means any deli controversy of din le of any kind or nature between you and co A 7hh deBniryon ficludes aftut UmAation, toy t7atm that rh any way arises ham of relates m • tins Agreemed and any of Rs terms [including any pftor agramonts between you aM us or between you and any offer an* from which won aoquired your account) • this NOftration Provision (including whether any Claim Is subject to actuation) • the estabkshmard, operation or to rni ation at your account •ary dhdosures,advertsements prenotiaroor other rnmmunle-atiora relatiq fo your acoou t, whetlhe grey omrred betas or after your amcould was opened • any trarsadbns or alampted traaacdo s imnlvvg your amount • arty Willing or CNWA ra Malin relating to your account any goodle, or services scharged to yourmouaueQTS)b?ureaohnt • any lees, ineffef or filhe charges assessed to your amount, or their calculation • any prod xis, servkes or benelAs ograms related to or o5wed in Cannectlon with your account (including any Inavtancel, debt cancellation or extended service contracts and wry programs, rebates, rewards, swoepshlsy, memberehtps. dlsmume or Coupons) whether or net we offered, introduced. sold or provided them • oar nnralpl ufieadbdesuadamlbdamatiateboatyaudlytaraccoun •myother madam lowing toyour amodntorymrr ationehlpwithus. 8. This deNnldern afro incfudes, without NmMatloa any Claim. • rapardlass of how or when i is brought (for fearnple, as an Initial claim, ca llostialm, (sass-claim, Imrapteding at Bdrd•party Claim) • based on any theory of react or damages (l cilati tg money damages and my farm of Specific Pedorrnance or injurrcuvee, dm)Ntory or other equlleble noel) • based on any theory at law or equ ty (including canbnd, torL fraud, eonslilullon, suotule. regulation, ordinance or wrongful ads or ardss!ms d any type, tvhethe neplipenl reddens a Ire lionat} • made ly yyoou o ny anyone Connacrad wiMh you or da1lRllg Itrotgh a for You (1rrfodlltp a co-e?lkaf or aut arimd user at you amoteril. yyoour gpem your ref reentipva, your oars ora trustee in bankruptcy) • for which +re mmaayy be directly or indirectly liable under any theory' Inducting respodeat supedor or cap MY (twit" are not properly named at flu file the Clain is model + now in existence or that m yarise in the future, rogardess of" the lacts and circumstances; that give rise to the Cb!m oecumd of when this Claim accrued • made as pad at a class xea V ion attorney general action, or tiller represenhlwe or collective ion which Claim shall parnxed on an Individual bails as set lath more fully in this Arbitration Provision Arbitration Administrators. One of the tollowing arbitration admilsbaleie ('Adni nistralor' or, 0dlMW*, 'Adninistralors') will administer the atitfabiom 820 1920 Main St., Ste. 300 Irvine. CA 92614 wwa.jamsadccom American Ark itration Ass'n 335 Madison Am., Floor 10 Now, Yak NY 10017-46M waw.adrorq National Arbitration Foram P.D. Box 50191 Minneapolis, MN 55405 www.atbintio*4onim.com You mai? contactay of the Adrliristatore to ollain information about arhIlation. abia0an rules and procedures, to schedules and claim [arms. Election and Initiation of A1rbHration. You or we may elect arbitration under Ibis Arbitration Provision with rasped to any Claim, evien I the Claim Is part at a tavnut bought in cwt You or we may mate a maBan or request In court In compol arWkation of any Claim bra%1=11h t as pat of any lawsdt. We will not elan or idiats erbltrabon of arty a mall dalnrs mud (mr the equivalent), so I theCInthatcout.isnade lyonbehallotantell or joint account holder ands not made as pat of a Mass Won, pdvale attorney general action or aera rteeppraaem dve or collective adlon You and we must follow the rules of the Administrators to initiate arbitration- II you initiate arbitration, you may choose one of the Administrators. and you must rail us carry notice ro . W try the AdnWatstrata to P.O. Box 85550, Ri 2mOM. VA 23285.5550. i we inii ite arbi ra0on, we will choose one of the Administrators, and we 741 mail you any notiu hllang address. II colined e blyy the Administrator to your last-known Irtlhated xrbitraaah, core vriil change rtu AartinlsVaar at your inquest II you ndly on in wYiGnp at the zbave address within f! em days of the date of any notice we send you o! our Inkiatlon of arbitration. Procedures and Law Applicable in ArbttraDon, Thlis Arbitration Provision is made pursuant to a transaction involving lnlerslale wrrsnerce and shall be pavened by and wilaresable under The Federal Arbitration Ad (the 'FM Questions about wheher any Claim is subjed to arbitration stal be lead* by Interpreting this Arbitration Provision in the brooded way B may be enforced, consistent with the any damages or now n i permitted all will rid hue power to review the the peragreph 'No Consolidation or m award strait downrairn the rights and parties and day wkh respect to the and amoddarul of ffe Administrator. case fedora!, stab or local ruin of pronetprre and evidence Bat would apply in any count, or to stab or local Iowa tint relate to arbitration promedings. You or we may (awe a hearing in arbitration. Any arbiUlon hearing gW you attend in person will lake pfaceat a IaaUar it the federal judeki dia lot that includes your last-Itnown Ming address or it am other place upon which you and we aaree. You or we may be repnsauad by counsel. B you or we nearest, film arbdater will honor claims at privilege rxagnbed under applcable few and will use best efforts to protect ewfldentiq Information (including trough the use of pro KUW ordtin i). The arbitrator will more my award In wrfkrg and, at Ile timely request at either party, will provide a written sUbrnarit of reesas for the award Casts. The party inilixtinq arhihallon will pay be Initial filing fee. You may seek a waiver of Ica Idgat Nirhop In of of the Admhtstnkds other lean (cishadivety, 'Adral>istratarle Fees under any applicable ruhas of the Administrator. B you seek but do not quality for, a waiver, we mere is good reason for us to do so. We will pay my fees and casts won we rawrrad to pay by law. Otherwise, end except as provided In this AgroemaN, you and we will beat all M our respective lea and Costs (Including the Adnldebalots Fea and the fees and cosh rotating to ationneye, experts and wnlnesses . roVess of who revalh. Allocation of fees and mats relating to appeals In arbitration wi I be handled in the same manfar. No Camollda0on or Joinder of Parties. The srblindien of ary Claim must proceed an in k &Wull basis. even it me Clain has been asserted in a court as a class adim, private attorney general action or other represented" or collective shin. Unless all parties consent neither you non we may Join, consolidate or otherwise bring Claims related to two or more amounts individuals or accaumhofoes in the sane arbtraBOn Also, unless all parties casent neither you nor we may pursue a class action, pirate ahtomey general action or elf representative or collective sedon in arbftration, non may you or we purwe arch actions In Cant If ay party has eta led w0nition. You will not lave the right to ad al a Wass reprefienhtive a padicipah as a nsmbei at a class of claimants wigs respect to cry Clain as to which arbitration has been elected. Jadgment, Enforcement, Finality and Appall. The arbVatofs decision will be final and binding eftertiffes days unless you orwe seek on appeal al the award by making s wrill requet to the Administrator. Thu appeal pared, which will consist of threcarbliators, wig confider all factual and legal issues show, will conduct the appeal in the same manner as the Initial arbitration and wit cake decisions bases on the vote of law majority. The panes decision will be it aal and bull ft Any Taal decision of the arhiialor or of the appeal panel is subict to judicial rovvrew only as set ford under lie FAA M oaard in arbitration 011 be onforeeable under the FAA by any court having jurisdiction. Mlssellanaoas, Waiver, Severability, Survival. a you or we do not elect arbitration or otherwise enforce this Arbitration Provision, In connection with an particular Claim, you or we coil notvahro any rbf is W require albitradon In connection with mat or arty otsr Claim. This Arbbaalion Provision stall survive: (i) suspension. termination. revocation, closure a charges at Ihts Agreement. your accountand your relationship with us; (7 IN banknrp(cy, or insolvency of any pagi; and (nil) any transfer at your amount, or any me mis owed on yw aowant, to Taft er person or milk. 11 cry pp tan of this Arbtraioo Provision Is deemed kNaW or unehforombk, the remamtrg Wines of this Atbgtstan Pmvlaion shat newerNekse, remain valid and in lace. In the evism of a convict or focafslstency between this Arbftdw Provision and gre other provisions of this Agreement or any prior agreement, this tot all purposes including litigation, 0 2005 Capital Oro Services, Inc. Capitol One Is a federally registered service mark. All rights reserve <e pitalo , NOT PAYING YOUR DEBT 500013 what's in your wallet? DOESN'T MAKE IT GO AWAY. In fact, even if we report your account as charged off, you'll still be responsible for paying your debt. So why not call us to see what we can do together to keep you from receiving such a serious mark on your credit record? We're here to help. Please contact us to find a solution that's right for you. You can make a payment with our free check by phone service or speak to an associate by calling 1.800.955.6600. Make sure you call or pay the amount due on your statement within 30 days to keep your account from being charged off. 2006 Capital One Services, Inc. Capital One is a federally registered service mark. All rights reserved. 500013-08503 FINANCE Previous Balance Payments 8 Credits CHARGE Transactions New Balance mlmi urn Due Date $886.84 ,- $0.00 )+ $13.64 + $34.00 = $934.48 Jan. 15, 2007 Nov. 16, 2006 - Dec. 15, 2006 Page 1 of 1 PLEASE PAY AT LEAST THIS AMOUNT MasterCard Platinum Account 5291.1519-0996.7356 Your Account Information TOTAL CREDIT LINE $600.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $600.00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please see reverse for important information) Balance rate Periodic Corresponding FINANCE applied to rate APR CHARGE Purchases $894.54 0.05082% P 18.55% $13.64 Cash $0.00 0.06641% P 24.24% $0.00 ANNUAL PERCENTAGE RATE applied this period: 18.55% Q At Your Service 1-800.955.7070 To call Customer Relations or to report a lost or stolen card ® Send payments to: Capital One Bank - P.O. Box 70884 - Charlotte, NC 28272-0884 A Send inquiries to: Capital One P.O. Box 30285 - Salt Lake City, UT 84130-0285 "Important Notice" Under the terms we previously disclosed to you, your account is now eligible for an increase in Annual Pe tentage Rates (APRs) effective immediately. However, Capital One has elected not to raise your APRs at this time. Please be advised that if you fail to keep your account in good standing, Capital One reserves the right to raise your APRs in the future. Payments, Credits 8 Adjustments Transactions 1 15 DEC PAST DUE FEE $29.00 2 15 DEC CAPITAL ONE MONTHLY MEMBER FEE $5.00 You were assessed a past due fee because your minimum payment was not received by the due date. To avoid this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Capital One. 6056 506 1 7 15 061215 PAGE 1 Of 1 01BC6056 PLEASE RETURN PORTION BELOW WITH PAYMENT C-30 5291151909967356 15 0934480020000334482 pl?a??1e` I what's in your wallet?' New Balance Minimum Payment Due Date $93448 $334.48 Jr1, 15, 2(? J? r A• Amount Enclosed Capital One Bank P.O. Box 70864 Irlaalllrrrlrlllllllrl Charlotte, NC 28272-6884 Inloil nlurlrllnrlulrlllnrlnlrlrllnlnlhllnllrllogo ll Account Number: 5291-1519-0996-7356 Please print address or phone number changes below using blue or black ink. Address Home Phone Alternate Phone E-mail address @ e9035025226739061s MAIL ID NUMBER TRUDY CHORBA 683 MAGAR0 RD ENOLA, PA 17025-1936 nllllnrlllnnrlrllllluulllrlnullnllnlulnrllnlllr Please wrhe your account number on your check or money order made payable to Capital One Bank and mail with this coupon in the enclosed envelope. TRUDY CHORBA closing date. There is no grace period on cash advances and special transfers. In addition, there is no grace period on any transaction if you do not pay the total "New balance." In. Accruing Finance Charge. Transactions which are not subject to a grace period are assessed finance charge 1) from the date of the transaction or 2) from the date the transaction is processed to your 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 billing period in full, finance charges continue to accrue to your unpaid balance until the unpaid balance is paid in full. This means that you may still owe finance charges, even if you pay the entire New Balance indicated on the front of your statement by the next statement closing date, but did not do so for the previous month. Unpaid finance charges are added to the applicable segment of your Account. t c. Minimum Finance Charge. For each billing period that your account is subject to a finance charge, a minimum total FINANCE CHARGE of $0.50 will be imposed. t d. Temporary Reduction in Finance Charge. We reserve the right to not assess any or all finance charges for any given billing period. 2, Average Daily Balance (Including New Purchases). Finance charge is calculated by multiplying the daily balance of each segment of your account (e.g., cash advance, purchase, special transfer, and special purchase) by the corresponding daily periodic rate(s) that has been previously disclosed to you. At the end of each day during the billing period, we apply the daily periodic rate for each segment of your account to the daily balance of each segment. Then at the end of the billing period, we add up the results of these daily calculations to arrive at your periodic finance charge for each segment. We add up the results from each segment to arrive at the total periodic finance charge for your account. To get the daily balance for each segment of your account, we take the beginning balance for each segment and add any new transactions and any periodic finance charge calculated on the previous day's balance for that segment. We then subtract any payments or credits posted as of that day that are allocated to that segment. This gives us the separate daily balance for each segment of your account. However, if you paid the New Balance shown on your previous statement in full (or if your new balance was zero or a credit amount), new transactions, which post to your purchase or special purchase segments are not added to the daily balances. We calculate the average daily balance by adding all the daily balances together and dividing the sum by the number of the days in the current billing cycle. To calculate your total finance charge, multiply as `APR" on the front of this statement. b. If the code P (Quarterly Prime), L (Quarterly LIBOR), C (Quarterly CD), or S (Bankcard Prime) appears on the front of this statement next to the periodic rate(s), the periodic rates and corresponding ANNUAL PERCENTAGE RATES may vary quarterly and may increase or decrease based on the stated indices, as found in The Wall Street Journal, plus the margin previously disclosed to you. These changes will be efrective on the first day of your billing period covered by your periodic statement ending in the months of January, April, July and October. c. If the code D (Monthly Prime), F (Monthly LIBOR), or G (Treasury LIBOR) appears on the front of your statement next to the periodic rate(s), the periodic rates and corresponding ANNUAL PERCENTAGE RATES may vary monthly and may increase or decrease based on the slated Indices, as found in The Wall Street Journal, plus the margin previously disclosed to you. These changes will be effective on the first day of your billing period each month. 4. Assessment of Late, Overlimlt and Returned Payment Fees. Under the terms of your customer agreement, we reserve the right to waive or not to assess any fees without prior notification to you without waiving our right to assess the same or similar fees at a latertime. t 5. Renewing Your Account. If a membership fee appears on the front of your statement, you have 30 days from the date this statement was mailed to you to avoid paying the fee or to have such fee credited to you if you cancel your account without having to pay the membership fee. To cancel your account, you must notify us by calling our Customer Relations Department and pay your "New Balance" in full (excluding the membership fee) prior to the end of the thirty-day period. 6. It You Close Your Account. You can request to close your account by calling our Customer Relations Department. You must destroy your credit card(s) and account access checks, cancel all preauthorized billing and cease using your account. After your request to close, if you continue to transact or do not cancel preauthorized billing arrangements, we will consider receipt of a charge your authorization to keep your account open. Additionally, your account will not be closed until you pay all amounts you owe us including: any transactions you have authorized, finance charges, past due fees, overlimit fees, returned payment fees, cash advance fees and any other fees assessed to your account. You are responsible for these amounts whether they appear on your account at the time you request to close the account or they are incurred subsequent to your request to close the account. This may result in charges appearing on your account after you have requested the account to be closed. u le P.Y. .., tlJ. -- . tlIIJtlVIIVII. vv-.we- information from your check to make an electronic fund transfer, funds may be withdrawn from your bank account as soon as the same day we receive your payment, and you will not receive your check back from your financial Institution. BILLING RIGHTS SUMMARY (In Case of Errors or questions about Your Bill) If you think your bill is wrong, or if you need more information on a transaction or bill, write to us on a separate sheet as soon as possible at the address for inquiries shown on the front of this statement. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can call our Customer Relations number, but doing so will not preserve your rights. In your letter, give us the following Information your name and account number, the dollar amount of the suspected error, a description of the error and an explanation, If possible, of why you believe there is an error; or if you need more infomtation, a description of the item you are unsure about. You do not have to pay any amount in question while we are investigating it, but you are still obligated to pay the parts of your bill that are not in question. While we Investigate your question, we cannot report you as delinquent or take any action to collect the amount you question. $, 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 in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. You have this protection only when the purchase price was more than $50.00 and the purchase was made in your home state or within 100 miles of your mailing address. (If we own or operate the merchant, or if we mailed you the advertisement for the property or services, all purchases are covered regardless of amount or location of purchase.) Please remember to sign all correspondence. t Does not apply to consumer non-credit card accounts t Does not apply to business non-credit card accounts Capital One supports information privacy protection: see our website at www.capitalone.co . Capital One is a federally registered service mark of Capital One Financial Corporation. All rights reserved, 0 2006 Capital One TC-08 O1 BC6056 - 6 - 12/21/06 Important Notice: Payments you mail to us will be credited to your account as of the business day we receive it, provided (1) you send the bottom portion of this statement and your check in the enclosed remittance envelope and (2) your payment is received in our processing center by 3 p.m. ET (12 noon PT). Please allow at least five (5) business days for postal delivery. Payments received by us at any other location or in any other form may not be credited as of the 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. When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. Goldman & Warshaw, P.C. BY: Barry A. Rosen, Esquire PA Identification No: 42951 GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK 4851 Cox Road Glen Allen VA 23060 vs. TRUDY CHORBA 683 MAGARO RD ENOLA PA 17025-1936 AM AI OW COURT OF COMMON PLEAS CUMBERLAND COUNTY? ° rj M c r:, F,r._-. - ccn r - DOCKET NO.: 08-4607 .C v - ? r; CD 4 c.0 CERTIFICATION OF SERVICE I, BARRY A. ROSEN, ESQUIRE, counsel for plaintiff, hereby certify that on the date below, I served a copy of Plaintiff's Amended Complaint Pursuant to Pa. R. C. P. 1028(c)(1), via First Class Mail, postage pre-paid, to all other parties or their counsel of record, as follows: Vicki Piontek, Esquire 951 Allentown Rd Lansdale, PA 19446 BARRY A. ROS , ESQUIRE Dated: ? ?I ?I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSVf J '? F p ? . CIVIL ACTION -LAW,., ? , COUHT'CAPITAL ONE BANK (USA) NA fi Y N11 A as successor in interest to CAPITAL ONE BANK 4851 COX ROAD GLEN ALLEN, VA 23060 Plaintiff 08-4607 Vs. TRUDY CHORBA 683 MAGARO ROAD ENOLA, PA 17025 Defendant DEFENDANT'S AMENDE ANSWER TO PLAINTIFF'S AMENDED COMPLAINT _' c7 ._a 17) CD c:; r-; 1. Plaintiff, CAPITAL ONE BANK (USA), N.A., is! a federally chartered bank authorized to do business in Pennsylvania with an address as stated in the caption above, and is successor in interest to Capital One Bank in accordance with a change of name and designation as federally chartered bank as authorized by the U.S. Comptroller of the Currency in letter attached her- to as Exhibit "A," the terms of which are incorporated herein. Admitted. 2. Defendant is TRUDY CHORBA, an individual residing at the captioned address. Admitted. 3. At all times relevant hereto, the defendant was the holder of a credit card, which at the request of the defendant was issued to the defendant by the plaintiff under the terms of a written User Agreement pursuant to which the plaintiff zagreed to extend to defendant the use of plaintiffs credit facilities. A true and correct copy of the signed Application for Credit and User Agreement are attached collectively as Exhibit "B" and incorporated herein. i Admitted. 4. Defendant accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and condition prescribed by the plaintiff for the use of said credit card. Admitted that Defendant applied for a Capital One account. Admitted that Defendant used her Capital One account. Denied that by doing so she agreed to the terms alleged in Plaintiff's purported cardholder agreement. States legal and factual conclusions. Strict proof is required at trial. 5. The defendant received and accepted goods and merchandise and/or accepted services or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of the last monthly billing statement issued to defendant is attached hereto as Exhibit "c" and incorporated herein. Admitted. 6. All the credits to which the defendant is entitled have been applied and as of July 29, 2011 there remains a balance du in the amount of $1,724.25, including interest which continues to accrue at the credit card rate of 18.50% per annum. Denied. States legal and factual conclusions. Strict proof is required at trial. 7. Plaintiff has made demand upon the defendant for lipayment of the balance due of $1,724.25 but the defendant has failed and refused and still refuses to pay the same or any part thereof, Admitted that demands have been made. Denied that the amount alleged by Plaintiff is due. 8. Defendant's last payment on account was made on September 10, 2008. Admitted. Wherefore Defendant requests that no judgment will be entered without a trial first. Vicki Piontek, Esquire Date Attorney for Defendant 951 Allentown Road Lansdale, PA 19446 717-533-7472 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CAPITAL ONE BANK (USA) NA as successor in interest to CAPITAL ONE BANK 4851 COX ROAD GLEN ALLEN, VA 23060 Plaintiff 08-4607 Vs. TRUDY CHORBA 683 MAGARO ROAD ENOLA, PA 17025 Defendant VERIFICATION I, Trudy Woodring, verify that the statements contained in the attached answer are true and correct to the best of my knowledge, understanding and belief. Trud odring Date IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CAPITAL ONE BANK (USA) NA as successor in interest to CAPITAL ONE BANK 4851 COX ROAD GLEN ALLEN, VA 23060 Plaintiff 08-4607 Vs. TRUDY CHORBA 683 MAGARO ROAD ENOLA, PA 17025 Defendant CERTIFICATE OF SERVICE On the 17th day of October, 2011, a true and correct copy of the attached amended answer was send to the following parties at the following addresses by First Class U.S. Mail, postage pre-paid. Goldman and Warshaw, P.C. Jeffrey Parrella, Esquire P.O. Box 806 West Caldwell, NJ 07007 Vicki Piontek, Esquire Date Attorney for Defendant 951 Allentown Road Lansdale, PA 19446 717-533-7472 Goldman & Warshaw, P.C. Barry A. Rosen, Esquire PA Identification No: 42951 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff ,I 1 ,to ;---Ui"IBEF i, AND COUNT',. "` EP? N S`lI*VANi NAN 12394 CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK vs. TRUDY CHORBA TO THE PRO`T'iON0"-IARY : COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 08-4607 ENTRY OF APPEARANCE Kindly »Yr'::,,r the appearance of the undersigned as counsel for plaintiff, CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK , w.'.:h regard to the above captioned tter. ?2, r Attorney for Plaintiff WITHDRAWAL OF APPEARANCE TO the Proc:_.,>_,ary: Kindly w=t:: draw my appearance as counsel for plaintiff„ CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK , with regard to the above captioned matter. Goldman & Warshaw, P.C. BARRY A. R N, ESQUIRE ROBERT L. BAROSKA III, ESQUIRE U NUDELMAN, KLEMM & GOLUB, P.C. t � r 425 EAGLE ROCK AVENUE ROSELAND,NJ 07068 CUMBERLr�,�` COUNTY 973-618-0000 PENNSYLVANIA ID #306728 ATTORNEY FOR PLAINTIFF CAPITAL ONE BANK (USA),N.A. CUMBERLAND COUNTY COURT OF COMMON PLEAS V. TRUDY CHORBA NO. 08-4607 ORDER TO DISCONTINUE AND END WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly mark the above-captioned matter as discontinued and ended without prejudice upon payment of your costs only. Date: August 19, 2013 Respectfully Submitted: NUDELMAN, KLEMM & GOLUB, P.C. Robert L. Baroska III, Esquire 425 Eagle Rock Avenue Roseland,NJ 07068 (973) 618-0000 NN 116991