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HomeMy WebLinkAbout10-0836 2010 FED -2 it", ? 2" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No : ( D (2-w'L-wA-" VS. COMPLAINT IN CIVIL ACTION KENNETH W SMITH Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07514665 C N Pit KMJ Q-S +901.00 Pb qm/ cy-ir 8901 4 root/4 3579 791 R' 013-7 093 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No KENNETH W SMITH Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, CAPITAL ONE BANK (USA),NA is a corporation with offices at 15000 CAPITAL ONE DRIVE RICHMOND , VA 23238 . 2. Defendant is adult individual(s) residing at the address listed below: KENNETH W SMITH 55 FAIRFIELD ST CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX2857 . 4. Defendant made use of said credit card and has a current balance due of $2869.87 , as of November 13, 2009 . 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff . 6. Plaintiff is entitled to the addition of interest at the rate of 23.900% per annum on the unpaid balance from November 13, 2009 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 111" and made a part hereof. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for judgment in its favor and against Defendant , KENNETH W SMITH , individually , in the amount of $2869.87 with continuing interest thereon at the rate of 23.9000W per annum from November 13, 2009 plus costs. Dames c warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 S th Avenue, Suite 1400 PittY625 gh, PA 15219 (412 4-7955 FAX: -338-7130 075 C N Pit KMJ This law firm is a debt collector atte ting to collect this debt for our client and any information obtained will be used for that purpose. Pntvious Balartca Paymenb & Credks FINANCE CHARGE Transaction New Balance klininxun Payment Due Dab $2095,90 - $0,00 + $g3,gp + $78.00 = $2,217.80 $392.00 Dei 01, 2008 Oct. 02, 2008 - Nov. 01, 2008 Page 1 of 1 ItgeterArd Pladraffn Account $17545723tl7-= Your Account Information TOTAL CREDIT LINE $1,500.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $1,000.00 AVAILABLE CREDIT FOR CASH $0.00 f lnall0e Clt gft (Please see reverse for ngortant information) Balance rob Parodic Corresponding F544= wood b rate APR CIf14R0E Purchases $2,118.31 0066W%D 2440% 54390 Cash $0.00 0OfiOM D 2440% 50.00 ANNLAL PERCENtAGE RATE applied this period: 2440!6 dnl AtYohrService -Cob wwwastelomm tomrnpeyorccvut, or Clot 1AM35Nbrepotaloot or sbbngood or speekbDAkx r ReWiorc ® Pay Odrod owwraziabnocom or met WpWmtto OhprW One Be* (USA), NA - P 0 Bx T1003. Ohabtle, NC 28272.1033 Said rgrdrive be; O WOrrP013x30285.SetL"Oy,UT841300786 ® Have a ghwrtlon about a chugs on your statanverV Pease refer to tte Br1kg Rghb Summary m to beck of you statement or VIM i 1 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WW W.CAPITALONECOM TO MAKE YOUR PAYMENT ONLINE Yonne behnd by sH payment if we charge off you accost die b late or mooed pwrients, firhanoe charges wd cortmue b aocrue Ad now to prevent tas lrom happening Please pay to m ntrarn payment amount on you statement or re us a call at 1 800 955 6500 We're here to help fake control of you credit wth Capital One r2857 01 2217800150000392002 7514665 Gie Account Number: 5178-0572-3437-2857 Due Date New Balance Minimum Payment Amount Enclosed DeO.01, 2008 $2,217.80 $392.00 PAY AT LEAST THISAMOUNT #9030707616074295# KENNETH Y SMITH SS FAIRFIELP ST CARLISLE, PA 17013-3114 Ilia-111, 111hyh1„p111 to P1611NJ 6.I11111111.1111111,1d111-1 "Important Nothoe" Under the terms we prearousy dsclosed to you, your account is now olgicle for an ncrease n Arrua Percentage Rates (APRs) effective mmedd* Fbweff, Capital Ore has elecled not to rase your APRs at to time Plow be adnsed that if you fall to keep your woohnt n good standing, Capital One =am to right to rase you APRs in tte future Payments Credits & AdlusNfents Transactions 1 01 NOV PAST DUE FEE $3900 2 01 NOV OVERLIMIT FEE NN D1, 2008 $38.00 Your account has gore over is credit limit To wad addliona oAhrknt fens, you ohhould pay morn then to Wnmun Payment Please pay aou gh b bring your acoouht balance bebw your credit limit mmedietey, and make sue your axant balane rertern below your credt limit Please be an the amount you pay accounts fa any fuMe purchases, fees, and tkvm charges You were assessed a past the fee because your mraram pa)mhent was not recewed by the de class To and the fee in the Un, we recommend tat you Ow at least 7 bupm days for your minimum payment to reach Capitol One Lend a hand. Save the land. Manage your account online today- iYs fast, easy and secure. e Pay orlme anytime-no more checks, stamps or clutter ® Moving? Change your address online or on the hack ® Help save the planet Go paperless © sign up at www capdalone corn Capital One Bank (USA), N.A. P•0• Box 71D63 Charlotte, NC 26272-1063 1111111,111,h11111?IrI111111hr11111P?ll?lell1i11??1ii11111h1111 Please make checks payable to Capital One Bank (USA), NA and mail With this coupon in the endosed envelope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. KENNETH W SMITH 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 foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information And belief. Dated: -AC\Q?\ Sierra Fenner A049 WELTMAN, WEINBERG & REIS CO., L.P.A. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff FILE-0-C", , r r Jody S Smith THI- Chief Deputy ?t I ^•. ??ia,f Y Edward L Schorpp 2010 F`B 16 Ari 0 6 Solicitor tJVil? . !"•U I F! Capital One Bank (U.S.A.) N.A. vs. Kenneth W. Smith Case Number 2010-836 SHERIFF'S RETURN OF SERVICE 02/04/2010 04:10 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on February 4, 2010 at 1610 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kenneth W. Smith, by making known unto himself personally, at 55 Fairfield Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 SO ANSWERS, February 08, 2010 - NNY RAN R ON, HERIFF By ep t Sheriff =t Icy ~/t~ SG~I ~'~ ~~P/TEL D~ ~'.6.il.f/C ~~~J.~J£Ti°/ 41. 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S 1..JOU1d .6£ l~.Viti.JG 7"o TR SI To I?Pi9CN /9 /~/q Y/'9£.JT ig G.~£dY7~.JT W /T/s~ T//£ /~ti9/.JT/~F 1'F j /~£'f GaOUGC'~ i9G~t~`£ TO £t/~/.Ji97£ TNC /~iQ£clJOtl51 y /'71'.~-T/o.J£1~ C /~/i9.CG£S, /' ££S /o~'.J/9 LT/C,S /9~1 d SO O.J . /9 S j C O.JT/.~1 u£ T D t3 E 6.!/TNOU~' ~/''lPtoy/7£.JTi /9.~1Y/9G•t££/rl~.vT GJoutt7.c~££r7 TO aF,QEi9t/ST/C, i9SI /~Ar7 S T~9T£.C7, _Z" /9/''7 U.JFi9/rJ/C /i9R CJ I TH /~iQOCFd t~.l E Z'.J it f GA.IdS TO T///S /'7/~TT£~~ I W /t G /9 ~,,J/9/T ~Z",~ S Tip t~cT/O.J . T/di9.a1!! `/OU . S /.~c £.QFI y rl ,~'„`'l ~ ~ '_ ~ n^ ~~'-°J 8~ ~~ ~~d EZ 8~3QlOZ F'~'.~) t7AaJT ~~'.J~J£iy GJ S~~T/~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) NA, Plaintiff, VS. KENNETH W SMITH, Defendant. Case No.: 10-836-CIVIL TERM MOTION FOR SUMMARY JUDGMENT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA ID# 90963 Weltman,Weinberg & Reis CO L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 =rn -0 ' -- -- r -<> <? C) E5 arm: o WWR# 7514665 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) NA, Plaintiff, Case No.: 10-836-CIVIL TERM VS. MOTION FOR SUMMARY JUDGMENT KENNETH W SMITH, Defendant. MOTION FOR SUMMARY JUDGMENT AND NOW COMES, Plaintiff, by and through its counsel, Weltman, Weinberg & Reis, Co., L.P.A., and hereby files this Motion for Summary Judgment against the Defendant. In support thereof, Plaintiff avers as follows: 1. Plaintiff filed a Complaint against Defendant seeking judgment in the amount of $2,869.87 with interest at the interest rate of 23.90% per annum from November 13, 2009, and costs. A true and correct copy of the Complaint is attached hereto as Exhibit "A" and made a part hereof. 2. Attached to the Complaint was Verification from an authorized representative of Plaintiff verifying the accuracy of the amount sought. See Exhibit "A". 3. Defendant filed an Answer to Plaintiffs Complaint. A true and correct copy of the Answer is attached hereto as Exhibit "B" and made a part hereof. 4. On or around December 30, 2010, Plaintiff served upon Defendant a set of requests for admissions and requests for production of documents. A true and correct copy of the same is attached hereto as Exhibit "C" and made a part hereof. 5. No response to the discovery demands has been received from the Defendant. 6. The requests for admissions are now deemed admitted under Pennsylvania Rule of Civil Procedure 4014(b). Thus Defendant has admitted that he applied for, received and made use of the credit card; that the statements attached to Plaintiffs Discovery Request correctly identify the payments and/or WWR# 7514665 credits, purchases and/or balance transfers and/or cash advances, and interest rates; that he has not submitted any written disputes as to billing inaccuracies; that the account accrued interest at a variable rate; that he has made no payment on the credit card since May 04, 2009; and that $2,869.87 is a correct and accurate balance on the credit card account. 7. By way of his Answer, the documents attached to this Motion, and the Requests for Admissions, deemed admitted under Pa.R.C.P. 4014(b), the Defendant has admitted all facts material to this matter and verified the amount owed. 8. There are no meritorious defenses against this action and Plaintiff is entitled to summary judgment as a matter of Law against defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant summary judgment in favor of Plaintiff and against Defendant for $2,869.87 with interest at the legal interest rate of 23.90% per annum from November 13, 2009, and costs. Respectfully Submitted: By: i Matthew D. Urban, Esquire PA ID# 90963 Weltman,Weinberg & Reis CO L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 WWR# 7514665 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff No: vs_ KENNETH W SMITH COMPLAINT IN CIVIL ACTION Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO_, L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07514665 C N Pit KMJ 5. Iblihi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff rs. Ci it Action No KENNETH W SMITH Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW '?'O FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS-AT -A REDUCED-FEE-OR NO FEE.. _ LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, CAPITAL ONE BANK (USA),NA is a corporation with offices at 15000 CAPITAL ONE DRIVE RICHMOND , VA 23238 . 2. Defendant is adult individualts) residing at the address listed below: KENNETH W SMITH 55 FAIRFIELD ST CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX2857 4. Defendant made use of said credit card and has a current balance due of $2869.87 , as of November 13, 2009 . 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balanceis immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 23.9006 per annum on the unpaid balance from November 13, 2009 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 111" and made a part hereof. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for judgment in its favor and agars- Defendant , ?'ENNETH W SMITE individuall?, in the amount 0- $2869.87 with continuing interest thereon at the rate of 23.9000 per annum from November 13, 2009 plus costs. James C Warm ro t,42524 WELT WEINBERG & REIS CO., L.P.A. 436 S Ith Avenue, Suite 1400 Pitts u gh, PA 15219 (412 34-7955 FAX: 2-338-7130 075 65 C N Pit KMJ This law firm is a debt collector atteTVting to collect this debt for our client and any information obtained will be used for that purpose. FI`MCE Previous 3alance ?ayments & Credits l OWGE Transactions New Balance Wnmxnm Payment Due Date $2? as - i ` 30.00 t $43_90 * $78.00 = 52 27 T.60 $392.00 Dec. 01, 2008 Oot. D2, 2008 - Nov. 01.2008 Page 1 of 1 E' -? MfASeexYAfl A9TWAWoW Maste-Card Platinum Account S17L-0572343T?B5T Your Account Information TOTAL CREDIT LINE $1,500 00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $1,000.00 AVAILABLE CREDIT FOR CASH $0.00 'Finance Charges (Please see reverse for aroatant vi(ormahon) Bakincerale Periodic Conespo:xkq FRMCE a0ied to rate APR CHARGE Purchases 52,11831 0..056M 0 2440% S43.90 Cash SOW O.OOM 0 24 40% SO.CO ANNUAL PERCENTAGE RATE applied tlts palod: Z4.40Y. c At Your Service-Gobw,wSaztt?n?.oprtas nnauga )araomu4. - uOi lA008D33637Nwp?r[nWor ddsnwda?rdcb Cuffir.wr Ral3tms jtoJ? Pay Online at newceodabro can WnvA [pyaiMb CM011010M 9air (USN. NA • 110 arc 71083.OvlXbe, NC M72.1083 ® send Inquiries to: C3PW0ro-P0 BOX 7lylAi' Sat Lalaaoty, UT84130-M Oft Have a question about a,have onyow stateamwn Please refer b lie BdCNxj RgMs Samisens on the bdr dyour ....... _statemanlavst - Yotne bslvrtd br s1x paytnenb If w8 ulta*ge offyar tawkrrl due b Isle a tnPated paynnEYds, fwLrKe dwgRs wdl conkil a to aoaue Ad now topreverd du f cal lappereng Please paV the rn matel raynienl aal0lwd on yaw sallen and or 9we us a cell at 1 800 955 699 We're here to" Take o**oi of yar credit will CWW One -Wp%W Wb*- Un*t the terms we preAorsV dsdead b yo,, your m=a n wff elgfde for m uraeasana.wtr?eroer?gaReles(FPRs}axeglNemmedetey fiowaw,fkp?loreresek?led mt b rmseyar APRs al ifes tme Please be advised flat Ifyae fed to keep your ecmunt n good sfardrg, Ciprtal Ons reserves Bra n3fd b rase yon APRs in lie fiAUe Payments, Credits & Adjustments Transactions 1 01 NOV PAST DUE FEE 536100 2 01 WN MRL1WT FEE NOV Oi, 20tH S39,00 Yar aGOaOM has gacocr As a(x1t lent. To Bvordadd4ornai ovotkrLl fees, yW sloWdpay mite Nan lie tvdrunam PayrrerL. Plsase pay ercllgfn bong your acwlwd 1sa? bebwyow ,nett t+rwl nniedmicy, and make sue your exam balance re nabs below yaw c" Inet Plarse be sue Ile armunl you pay acoownts to any fukwe me ases, fees, and frame charges You were assesseda Fast die fee because your nsrwram payment was not received by the due dale To avoid Na The in the fudre, We recanmend that you allow al least 7 btwm days br your mmmm '""mN io lead I Cap" One ?fU U4r1t PLEASE REZIIRN PORTION BELOW WITH PAYMENT OR LOG ON TO W W W CAPI TALONE.COM TO MAKE YOUR PAYMENT ONLINE P2857 01 2217800150000392002 Capita^![ Account Number. 5178-0572-3437-2857 Lend a hand Save the land Due Date New Balance Mininxan Payment Amount Enclosed . . Manage your account online today- Oec. 07, 2008) $2,217.80 $392.00 it's fast, easy and secure. ? O Ply onime anyume•--no -re check,, 0-4. or duller _ PAY AT i THISAMOUNT 0 PA~q? Change your address online or nxi the hack ® Help save The Planet Go Paperless #9030707616074295# Sign up at wow caP.talone COM KENNETH Y SMITH SS FAIRFIELD ST Capital One Bank (LISA), N.A. CARLISLE, PA 17013-3319 P.O. Box 71063 1il.1111111{11161n{(111..{f1d1.11.'il1t111{"111111101{1'1'1 Charlotte, NC 26272-1063 1111116111" 1it11,11,1111111'.111111"{1'1'111i11"{{111111'1!11 7514665 Please make checks payable to Capital One Bank (USA), NA and mQ with this coupon in the enclosed em elope. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, KENNETH W STMITH Defendant(s). VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn 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 foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information And belief: Dated: Ae? -%rz' '? - Sierra Fenner A049 WELTMAN, WEINBERG & REIS CO., L.P.A. QLI t.I?p?TC? D?G 6it?? K?'.J.J£Thl 4J. S/7/Tf? V6 ?%f.JiJ£ ?/V GJ Si'?iT?? ,S3- F/9/RF/EtD ST. CAA-zisic, PA 1'70,t,3 7i 7- ass-,T36-8 RESPOA)SE To CIVIL ACT/ON ,VO. /4 - 834 To /9Lz .Zn17ERES7ED OR Co/JCeR.)ez) P19A7'leS ,P,? fiASE 19CM-07 TNrS Doc0172eA)7AS ./'7Y 1?ESPaoUsF_ To rNe 19.6c)V,- 1?EF6Re.AJCED 40710N.fl18D19GA1AJ,571-7'. 19S2 AW7 9/11 UNEDUCA7CD 14 /1 L 6 /L 1 y/ -7 I?/l 36.Jo?4A,J7r To PRORCR PROTOCOL OR P.e OCeD4),ee .2A) REGARDS To R£Qu/Rera PAPeReJORA f/OPe, odzY Ti's/S?/l[ SUFF/Ce. ,j Cq/'?P1 £TEl Y AD/'9/T A.?t? 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PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS AND REQUEST FOR PRODUCTION OF DOCUMENTS Plaintiff demands that the defendants answer and respond to the following Request for Production of Documents under oath pursuant to the Pennsylvania Rules of Civil Procedure within 30 days from the date of service hereof. Plaintiff also demands that defendants answer and respond to the following Request for Admissions pursuant to Pa. Rules of Civil Procedure 4014. You are requested to admit the truth of each of the statements of fact hereinafter stated. You are instructed that: 1. These requests are made under Pennsylvania Rules of Civil Procedure 4001, et seq., and each of these matters of which an admission is requested shall be deemed admitted unless your sworn statement in compliance with such Rules is timely made. 2. If you do not admit each of such statements, you must specifically deny each one not admitted or set forth in detail the reasons why you cannot truthfully either admit or deny each such matter. 3. Your answer, signed and properly verified, must be delivered to the undersigned attorney of record for the Plaintiff within thirty (30) days after delivery hereof. 4. If you fail or refuse to admit the truth of any such statement of fact and the Plaintiff thereafter proves the truth thereof, you may be required to pay the reasonable expenses incurred in making such proof, including attorneys' fees, witness expenses, etc. 5. If, in response to any of the following statements of fact, it is your position that the statement is true in part or as to some items, but not true in full or as to all items, then answer separately as to each part or item. 6. If you have been sued in more than one capacity or if your answers would be different if answered in any different capacity, such as partner, agent, corporate officer or director or the like, then you are requested to answer separately in each such capacity. Failure to do so constitutes an admission in any such capacity. In these Requests for Admissions: A. The word "person(s)" means all entities, and, without limiting the generality of the foregoing, includes natural persons, joint owners, associations, companies, partnerships, joint ventures, trusts, and estates; B. The word "document(s)" means all written, printed, recorded, graphic, or C. The words "identity "identify", "identification", when used with respect to a person(s) means to state the full name and present or last known address and business address of such person(s) and, if an actual person, his present or last known job title, and the name and address of his present or last known employers; D. The words "identity" "identify" "identification", when used with respect to a date, subject matter, name(s) or person(s) that wrote, signed initialed, dictated or otherwise participated in the creation of the same, the name(s) of the addressee or addressees if any and the name(s) and address(es) of each person who have possession, custody, and control of said document(s). If any such document was, but is no longer in your possession, custody, or control, or in existence, state the date and manner of its disposition; and E. The word "identify", when used with respect to an act (including an alleged offense), occurrence, statement, or conduct (hereinafter collectively called "act"), means to (1) describe the substance of the event or events constituting such an act, and to state the date when such act occurred; (2) identify each and every person(s) participating in such an act; (3) identify all other person(s) (if any) present when such act occurred; (4) state whether any minutes, notes, memoranda, or other record of such act was made; (5) state whether such record now exists; and (6) identi the person(s) presently having possession, custody or control of such record. 8. Unless otherwise indicated, all Requests herein relate to those certain events, persons, and period of time more fully described in the pleading in this case. 9. These requests are of a continuous nature. These Requests for Production of Documents shall be deemed continuing so as to require supplemental answers and documents if any information of documents are acquired subsequent to the filing of responses hereto, which information or documents would have been included in the answers and docunents produced had it been known or available at the time the answers and the documents provided pursuant hereto were produced. Defendants shall supply such information and documents by supplemental answers and production of documents as soon as such information becomes known or available and in all events, prior to trial of this action. If objection is made to any requests for production of documents, it is demanded that the requests for which there is no objection be answered and furnished within the aforesaid period. All documents identified in response hereto shall be organized and labeled to correspond with the request to which it pertains. For all documents produced, list the individual and his or her job title and department from whose files it was produced and the current custodian of said document. If a document called for is believed to exist or is known to exist, but is in the possession, custody or control of another person or party, the existence of the document, the identity of the possessor, custodian and one in control of such documents shall be provided along with any applicable common description or citation utilized by the publisher, possessor, custodian or disseminator of such document. it J"'' !1QCUnle('r called i)r by this I?C111eSi i? »ICllheltl t)?. ?? .>15 i;l'- "??.ifTl '? blind copies, date, subject matter; number of pages; attachments or appenLlices: all ,;eIsors to whom distributed, shown or explained; present custodian; and nature of the privilege or similar claim asserted. REQUEST FOR PRODUCTION OF DOCUMENTS 1: Produce any and all documents evidencing proof of all payments on the subject credit card referenced in the Complaint, including, but not limited to, cancelled checks, receipts, coupons, statements, accountings, memoranda, invoices, financial statements, accounting entries, diaries, charts, lists, phone records, data compilations etc. REQUEST FOR PRODUCTION OF DOCUMENTS 2: Produce any and all documents you intend to introduce and/or provide testimony on as evidence at the time of trial. REQUEST FOR PRODUCTION OF DOCUMENTS 3: Produce all documentary evidence or information substantiating the defenses asserted in your Answer. REQUEST FOR ADMISSION NO. 1: Listed as Exhibit "I", Defendant signed the credit card application referenced in the Plaintiff's Complaint. \:_im ittCC! Denied If the answer to Request for Admissions No. 1 is anything other than an unqualified admission, please qualify your response by setting forth which parts of the request are admitted and which parts are denied, or set forth in detail the reasons why the answer cannot be admitted or denied. Please attach any documentation in your possession that supports your response to this request. REQUEST FOR ADMISSION NO. 2: Defendant received and used the credit card referenced in the underlying action. Admitted Denied If the answer to Request for Admissions No. 2 is anything other than an unqualified admission, please qualify your response by setting forth which parts of the request are admitted and which parts are denied, or set forth in detail the reasons why the answer cannot be admitted or denied. Please attach any documentation in your possession that supports your response to this request. REQUEST FOR ADMISSION NO. 3: Defendant resides at the address listed on the monthly statements dated August 1, 2007 through "y Admitted Denied If the answer to Request for Admissions No.3 is anything other than an unqualified admission, please qualify your response by setting forth which parts of the request are admitted and which parts are denied, or set forth in detail the reasons why the answer cannot be admitted or denied. Please attach any documentation in your possession that supports your response to this request and identify the Defendant's addresses and the dates that Defendant resided at the said address. REQUEST FOR ADMISSION NO. 4 The purchases and/or balance transfers and/or cash advances listed on the monthly statements attached hereto as Exhibit 'T' are correctly identified for the underlying credit account Admitted Denied If the answer to Request for Admissions No. 4 is anything other than an unqualified admission, please qualify your response by setting forth which parts of the request are admitted and which parts are denied, or set forth in detail the reasons why the answer cannot be admitted or denied. Please attach any documentation in your possession that supports your response to this request. REQUEST FOR ADMISSION NO. 5: The payments and/or credits listed within the monthly statements attached hereto as Exhibit "T' are correctly identified for the underlying credit account. e led If the answer to Request for Admissions No. 5 is anything other than an unqualified adm ission, please qualify your response by setting forth which parts of the request are admitted and which parts are denied, or set forth in detail the reasons why the answer cannot be admitted or denied. Please attach any documentation in your possession that supports your response to this request. REQUEST FOR ADMISSION NO. 6: Defendant made no payment on the credit card since May 4, 2009. Admitted Denied If the answer to Request for Admissions No. 6 is anything other than an unqualified admission, please qualify your response by setting forth which parts of the request are admitted and which parts are denied, or set forth in detail the reasons why the answer cannot be admitted or denied. Please attach any documentation in your possession that supports your response to this request. REQUEST FOR ADMISSION NO. 7: The credit card account which is the subject of the underlying action accrued interest at a variable rate. Denied If the answer to Request for Admissions No. 7 is anything other than an unqualified admission, please qualify your response by setting forth which parts of the request are admitted and which parts are denied, or set forth in detail the reasons why the answer cannot be admitted or denied. Please attach any documentation in your possession that supports your response to this request. REQUEST FOR ADMISSION NO. 8: The interest rates listed within the monthly statements attached hereto as Exhibit "3" correctly identify the interest rates for the underlying credit account. Admitted Denied If the answer to Request for Admissions No. 8 is anything other than an unqualified admission, please qualify your response by setting forth which parts of the request are admitted and which parts are denied, or set forth in detail the reasons why the answer cannot be admitted or denied. Please attach any documentation in your possession that supports your response to this request. REQUEST FOR ADMISSION NO. 9: Defendant has not submitted any written dispute as to billing inaccuracy concerning the credit card in question. Denied If the answer to Request for Admissions No. 9 is anything other than an unqualified admission, please qualify your response by setting forth which parts of the request are admitted and which parts are denied, or set forth in detail the reasons why the answer cannot be admitted or denied. Please attach any documentation in your possession that supports your response to this request. REQUEST FOR ADMISSION NO. 10: $2,869.87 is a correct and accurate current balance of the credit card account in question as of Novemher I3, 2009. Denied 1f the answer to Request for Admissions No. 10 is anything other than an unqualified admission, please qualify your response by setting forth which parts of the request are admitted and which parts are denied, or set forth in detail the reasons wiry the answer cannot be admitted or denied. Please attach any documentation in your possession that supports your response to this request. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. _ Befijaf'rti- R. BibleCT-squrire- Pa[_ AD . #9 598 We`ltman, einberg & Reis Co., L.P.A. 140 Ko ers Bldg. 43 venth Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR:7514665 DEFENDANT'S VERIFICATION ?. (please print) under penalty of perjury and >> J j filUP r'?i ill rl '> T, _ LI -il ,:erliti, ?hat the soregoing Responses are true and correct to the best of my knowledge, information and belief. Date Signature CERTIFICATE OF SERVICE A true and correct copy of Plaintiff's First Request for Production of Documents and Request for Admissions has been served by U.S. Mail, on the ,i?day of 1 -I 1 C, Ji)i -C s ?1GL'vlil?r Kenneth W. Smith 55 Fairfield St Carlisle PA 17103 By= h ?R € o g r Z p ti a ?? ? d a r C± ? ? d E v 41 N E ? C G C N O 'L, V o O Y D 6 ?r ry C w ..? A ? 11 ? O QL sc a Q o a o Z C nLr 3 ? a s ?? d ? ?z ?O H? ??? ?_ u N ip CL x s /'? a, q ° W 7 V1 V1 00 3 s c' +?+ m a..'d :° g s c R a? C6 v+ n r° Qw ? Y 'i 7514665 Q o a `p IrI4 lr4 ° t N' t?O ° ° tA 4 Q ?A ?E LLI N I(N g 4 0 VIA cn a d rn T _ 41 Q a p ct3 y- 3 lp .i ua .2 i K1 op o Y U o E ? m a? w ai C -52 M CU ?- r . ? n, CJ N O Ln cAj z O.. n i o= u i J A, W F f I? i ?. !- • E e ? c.0 -ccme to Capital One ........... ......... ...:. ......................_.......1 >Clne Je'Wtidns ........_ ................. -------- ---- .---------- ..............:.1 Account agreement.. ............1 New Offers ..... ................... ....................... .............. .................. 2 Account Information ......... ...:.... ............... .................. ............. 2 - Credit Limits ................... ........................ ................................2 Using Your Card ......... .......... ..•--......... ...... .................. .............. 3 Rewards ......:..:......................................... ...............................3 Using Your Access Checks.,......... ............. .. ........ I ........ --- 3-4 Stopping Payment of Access Checks ....... ............................:..4 Using aPIN .....................-------- ..:............... .......................... .....4 Authorized Users ..................................... .........:.....................5 Removir.g an Authorized User .................. ...............................5 Finance Charges --- ........._ ...........:........ ................................5 Your Promise to Pay --------- ........--------- --- . .......... ..... --- ..........5 Statements .............................................. ................................6 Disputed Transactions ............................ ................................6 Fees ......... ....... ............... ____ ............. ... ............ ........ ........6-7 Transactions Made in Foreign Currencies ................................7 No Warranties ._ .................................... ................................7 Merchant Refunds .................................. ..... .........................7 Minimum Payment. .... - ...... ................... ................... ............ 8 Making Payments.--. .......... ............... __ __ .... _ .................. _8 Mailed Payments .............. .......... ............ ..... ............. .......... - -8 Faster Payment Services ...................... _- -......... .......... ....... 8-9 Payment Processing ................ _.-.....-......._...........9 How We Apply Your Payments. ... ............ .. .............. _____9 Items with Restrictive Words, Conditions , or Instructions .... _9 EXHI8IT Account Default ............................... .......... ..................... ......10 Communications ........ ..................................... . ...---...... ........ 11 Credit Reports_.. ....... .............. .......................... ................... 11 Closing or Suspending Your Account ................ .......... ....11-12 Lost or stolen Card ............................................. ...................12 Changes to Your Agreement .... ....----- ....... ......... ................... 12 Governing Law..-...... .............._............. . • . ...................12 Waiver.. ....................:......................................... ...--.-- ..-12-13 .......................... ..... Assignment.. .............. ........ ..................13 Arbitration Provision ......... .......... ................. ...... .... ..........13-18 Special Definitions for this Arbitration Provision . ......... 13-14 Arbitration Administrators._. ..........................:..... ................,...1 S Election and Initiation of Arbitration .... ............. ........ .......15-16 Procedures and Lao/ Applicable in Arbitration .... .....................17. Costs ............... ................................................ ....................17 No Consolidation or Joinder of Parties .............. .........'............18 Judgment, Enforcement, Finality and Appeal .... .................... 18 Miscellaneous, Waiver, Severability, Survival. ....... ............ ....... 18 Glossary .......... ........ ............ ............... ................. ......... -.18-19 ???jeW Your Credit Card Agreement 1, Welcome to Capital One. Thank you for opening a credit card Account with us. This Agreement contains the terms for your Capital One credit card. 1. Some DBflnitionS, The meanings of the terms you see in italics appear in the Glossary Section- To make the Agreement easy to ;:ndersiand, w,-,,,AI also use ;he following personal pronouns: ou ";our" a-d ";ourei?' msan each applicant and co-applicant for the Account: any person responsible for paying the account; and anyone they raulhcrize ro use. ,c.ess ::r sar;ice trte Ac aunt It also ;ncludes an Authorized User as defined in the Glossary Secbon and as the language allows. We," "us.' "our' and 'Capitai One- rnt?an Capital One Bank (USA). National Association; and Its agents, authorized representatives, successors, and assignees. 1, Account Agreement. Your Agreement ("Agreement') with us Includes the following things: (t) this document; (2) all Statements; (3) ail rewards Information and docmrientation if your Account has rewards; (4) our Privacy Notices unless you are not entitled to one; these describe our limitations on sharing information about you xith others; (S) your Card benefits brochure which describes benefits provided by the Card Association for your Card and Account The most current version of your Card benefits brochure will replace all prior versions. (6) the "Small Business Credit Card Addendum" if you have a small business Card; (7) all disclosures and materials provided to you before or when you opened your Account, including some Truth in Lending Disclosures; (8) all other documents and disclosures relating to your Account including those provided online; and (g) any future changes we make to any of the above things. Please read these carefully and keep them for future reference. An Image of any of these can be used instead of the original. 2, New Offers. we might make new offers to you or forward offers from others that we think you might be interested in. The terms and documentation for these offers will be provided when we make you the offer. If you accept the offer, this Agreement will still apply except as modified by the offer. 2, Account Information. We need information about you to manage your Account. The Information we need includes: (1) your legal name; (2) a valid U.S. mailing address and residential address (if different); (3) your date of birth; (4) your social security number or other government identification number; and (6) your employment informaiion. You must tell us when this information changes. Please mail these changes to us at the address provided on our Stalement_ You may also update some of this Information by logging onto your Account on our website or by calling one of our representatives at the telephone number provided on your Statement or on the back of your Card_ We may require you to provide additional documents that are acceptable to us to verify these changes. 2. Credit Limits. When you open your Account, you will receive your credit limits, These will also appear on your Statements- We might also refer to your credit limit as your credit line. We may give you different credit limits for the different Segments of your Account. For example, you might have a different credit limit for purchases than for Cash Advances. You are responsible for keeping track of your Account balances and your available credit limits. Do not allow your Account to go over any credit limit. If you do, we may still honor the transactions and charge you fees. But, our honoring the transaction will not increase your credit limit. We may also increase, decrease, restrict or cancel your credit limit on any Segment at any time. This will not affect your obligation to pay us. 3- Using Your Card. When you activate and use your Card, you promise to follow the terms of this Agreement. Please sign the Card Immediately when you receive It. The Card is valid during the dates provided on the front The Card is our property, and you wilt return it to us or destroy it if we ask. You will take reasonable steps to prevent the unauthorized use of your Card and Account You may use your Card wherever It is accepted. We are not responsible if anyone refuses to accept your Card for any reason. Also, we may reject and not accept any transaction for any reason. Unless we tell you otherwise, we will bill each transaction to the applicable Segment of your Account and apply it against your available credit limit for that Segment in each Bilfing Cycle. You may also obtain Cash Advances and Transfers if they are permitted for your Account Unless we agree, you may not use a Transfer to transfer amounts from other accounts with us or any other company within the Capital One organization. If we do permit a transfer to this Account, the terms of this Account will apply once the Transfer is completed. You must not use, or try to use, the Card for any Internet gambling transactions or transactions that are illegal or not permitted by us. You will still be responsible if you do. In addition, these transaction will be subject to this Agreement, and you might have to reimburse the Card Association and us for all damages and expenses. From time to time, due to circumstances beyond our control (such as system failures, fires, floods, natural disasters or other unpredictable events) our services might be unavailable. When this happens, you might be unable to use your Card or obtain information about your Accounf. We will not be responsible or liable if this happens. 3, Rewards. Your Account might provide you with the opportunity to earn rewards. If it does, we will separately provide you with all information and terms about your rewards . We will include on your Statements all rewards you have earned. !t might take up to two Sitttng Cycles for v our ?rned r:.waf:?s :o appear ?n your Statement. t151rig `f cur e, s-hecks. vVhen we provide you with Access Ghecks, `rte will tell you whether we colt treat there s ?urrhases, ess Paianca Transfers, Cash Advances, or Speciai Fransfers. Ordinarily. we treat :I.ccass Checks as Cash Advances. Only the person we designate may use Access Checks. Access Checks may not be used to pay any amount you owe us or any other company within the Capital One organization. We may reject and not pay any Access Check for any reason. Any liability for our wrongful dishonor of an Access Check will be limited to your actual damages and will not exceed the amount of the Access Check. When you use an Access Check, you will have fewer rights to dispute merchant transactions than with other uses of your Card. Please see the "Billing Rights Summary' part of your Statement and your other Truth in Lending Disclosures for more information. 4. Stopping Payment of Access Checks. You may request a stop payment an any Access Check by contacbrg us as provided on your Statement. We may charge you a fee to stop payment as described In the Fees Section. If you call us to stop payment, you must also send to us a written request within 14 calendar days. We will have a reasonable amount of time after your stop payment request to research the situation and complete it. We will not be responsible if we cannot complete the stop payment because the Access Check was already paid, you do not give us the Information we asked for or the information you gave us was incorrect. ifwe cannot stop payment for these reasons, we may still keep the stop payment fee. Once we complete a stop payment, we do not have to release the stop payment order unless the same person asks us to. If we re-credit your Account after paying an Access Gheck following a valid stop payment order, you give us all of your rights against the payee or other holder of the paid Access Check. You also agree to help us as we request to any actions we might later take against that person. 4. Using a PIN. We may give you a personal identification number (PIN). For security reasons, you might have to provide the PIN before you are able to complete some transactions using the Card. With a PIN, you may use your Card to: (1) obtain cash from certain automated teller machines (ATM) or (2) make purchases at certain merchant or retailer point-of-sale devices (POS). You may do these things If the ATM or POS requires entry of a PIN and displays the logo of the Card Association on your Card. We will treat all ATM transactions as Cash Advances and all POS transactions as purchases. You should keep your PIN secure and not write it down, give it to anyone, or keep it with your Card. If you lose your Card or believe that someone has gained unauthorized access to your PIN, you must contact us immediately. 5. Authorized Users. You may ask us to add one or more Authorized Users with additional Cards on your Account. If we agree to your request, we will need certain information about the Authorized User to manage your Account. This will be the same information you provided about yourself as described in the Account Information Section. We may limit an Authorized User's ability to initiate certain transactions. If we do, we will tell you about these limitations before adding any new Authorized User on your Account. Once we add an Authorized User to your Account, we may discuss your Account with them and provide them with Account information. You will be responsible for their use of the Card and your Account as well as anyone else they allow to use your Card or Account. This will be true even if you did not want, or agree to, their use. 5, Removing an Authorized User. If you want to remove an Authorized User from the Account, you must contact us as provided on your Statement and request their removal. We will have a reasonable amount of time after your request to research the situation and remove them. You the 4C'crWnt We vrilr not fin this for vr» r During this time, you still will be responsible for all amounts they charge to the Account. You will be responsible even if these amounts do not appear on the Account until later. We may close your existing Account and/or issue a new Card with a new Account number. 5. Finance Charges. We will charge Finance Charges to your Account as disclosed to you in your Statements and other Truth in Lending Disclosures. In some instances, we will not charge Finance Charges for some period of time for certain transactions or balances. 5. Your Promise to Pay. You promise individually and jointly to pay us all amounts due on your Accounf. This includes amounts where you did not sign a purchase slip or other documents for the tranS2Ction. If you use your Card number without presenting your actual Card (such as for mail, telephone or Internet purchases), this will be treated the same way as if you used the Card in person. If you let someone else use your Card, you are responsible for all transactions that person makes. 6. Statements. We will send you one Statement for all Cards on your Account unless the law does not require or permit us to send a Statement. Statements will be sent at the end of each Billing Cycle when your Account has a positive credit balance or a negative debit balance of more than $1.00 or If we have charged a Finance Charge to your Account Your Statement will show all transactions billed to your Account during the Biding Cycle along with other important Account information. 6. Disputed Transactions, You must inspect each Statement you receive and tell us about any errors or questions you-have as described in the "Billing Rights Summary' part of your Statement and other Truth in Lending Disclosures. If you do not notify us as provided in those disclosures, we may assume that all information in the Statement is correct. J If you dispute a transaction made by you or someone else on your Account, and we later credit your Account for all or part of the disputed amount, you give us all of your rights against that other person. You also will: (1) give us any merchandise or other purchases you received in connection with the disputed amount if we ask; (2) not pursue any claim or reimbursement from the merchant and that other person; and (3) help us pursue and get reimbursement from the merchant and that other person; your help includes giving us documents that we ask for and that are acceptable to us. 6-7. Fees. We will treat the following fees as purchases. These fees apply to your Account only if they are provided in your Truth in Lending Disclosures. Remember, paying the fees charged in connection with a default as described in the Account Default Section will not by itself cure the default. • Membership Fee. We may start charging you this fee in your first Billing Cycle or later. If it is an annual fee, we may then charge it approximately once per year during the Billing Cycle that includes the anniversary date of your Account opening. If it is a monthly fee, we may !hen charge it once per month in ,?acn -Silling Cycle. i his fee is payable in advance even if you do not use your Account. Late ?avmert F _ '•Va nnay ' ^arge -ou a . _e if we do not +eceivp ,our payment in time f^r • ; fo :-edit it by the due -fate .,norm nn your a!errent. Overtimit Fee: We may charge you a fee if a transaction, Finance Charge, or other fee, charge or balance causes you to go over or remain over any?ecilt limits during any Billing Cycle. • Returned Payment Fee. We may charge you a fee each time any payment you make to us is not paid by your financial Institution, even if that institution later pays it- • Returned Access Check Fee. We may charge you a fee if we do not pay an Access Check for any reason, including when your Account is in default, overlimif, suspended or closed. . Stop Payment Fee. We may charge you a fee each time you request us to stop payment on an Access Check or you renew an existing stop payment order as provided In the Stepping Payment of Access Checks Section. Copying Fee. We may charge you a per-page fee for copies of transaction documents or Statements unless they are required in resolving a billing dispute. The following fees are Finance Charges- We will treat them as Cash Advances. These fees apply to your Account only if they are provided in your Truth In Lending Disclosures. • Cash Advance Fee. We may charge you a fee each time you obtain a Cash Advance. Transfer Fee. We may charge you a fee each time you obtain a Transfer- 7. Transactions Made in Foreign Currencies. If you make a transaction in a foreign currency, the Card Association will convert it into a U.S. dollar amount. The Card Association will use its currency conversion procedures In effect when It processes the transaction. Currently, it uses either a rate selected from the range available In a wholesale currency market or a government imposed rate. The conversion rate in effect on the processing date might differ from the rate in effect on the transaction or posting date. We do not currently adjust the currency exchange rate or charge any additional currency conversion fees- 7. No Warranties. Except as otherwise provided in the "Billing Rights Summary" part of your Statements, we are not responsible for any claim you might have regarding the purchases of goods or services made with your Card, 7. Merchant Refunds. If you are entitled to a refund for goods or services purchased with your Card, you will accept these refunds as credits to the purchase Segment of your Account. We do not control when a merchant sends us your refund. We will also have a reasonable amount of time after we receive your refund to process it. 8, Minimum Payment. Your Statement will provide instructions for making payments, Including the amounts due and the due date for receiving your payment. Your Statement will also include a minimum payment amount. To avoid a late payment fee, you must pay us at least this minimum payment amount by the due date provided in the Statement, If you exceed your credit limit we may request a higher minimum payment from you. Be aware that paying only the minimum payment amount might not be enough to avoid an overlimit fee. still must pay at least the minimum payment amount shown on each Statement we send you. We will continue to charge Finance Billing Cycles when you carry a balance regardless of whether your Statement includes a minimum payment that Is due. 8. Making Payments. Your payments must be in U.S. dollars from a U.S deposit account and otherwise be acceptable to us. We do not accept cash payments through the malt. You may not make payments with funds from your Account or any other credit account with us or any other company within the Capital One organization. 8. Mailed Payments. You must mail payments to us at the address provided on your Statement. If we receive your payment on Monday through Saturday (excluding bank holidays), we will credit it to your Account on the day we receive it, if: (1) you send the remittance coupon included with your Statement in the same envelope with your payment, (2) you include your Account number on your payment; and (3) your payment arrives at out processing center by the time indicated on your Statement. Please allow at least 5 business days for postal delivery. Payments received at any other location or in any other form might not be credited for up to 5 calendar days. This might cause you to be charged late payment fees and additional Finance Charges. 8-9. Faster Payment Services, We may make services available that allow you to make faster payments using a telephone, the Internet or other payment system. We will describe the terms for using these services before you use them. You do not have to use these other payment services, and we may charge you a fee for using them. If we do, we will tell you the amount of the fee at the time you request the service. We are not responsible If a payment made using our payment services is rejected or not paid. Even if it is, we may still keep the fee. If you give your Account number or other Account information to someone else to make a payment for you, we may provide Account information to them and process their paym ent as if you made it. We may refuse to accept any payment made by someone else for your Account. if ws accept a payment made by someone also for your Account, you will be responsible for the payment made even if that payment is rejected or not paid. 9. Payment Processing. We may accept and process payments without losing any of our rights. Even if we credit your payment to your Account, we may delay the availability of credit until we confirm that your payment has cleared. We may resubmit and electronically collect returned payments- We may also adjust your Account as necessary to correct errors, to process returned and reversed payments, and to handle similar issues. When you provide an Item as payment, you authorize us either to use information from your Item to make a one time electronic fund transfer from your deposit account or to process the payment as an Item. We will provide additional information about this process on your Statement or other documents we send you before your payment. You may contact us and ask that we not process your future Items in this way. When you provide an Item as payment, it might also be converted into an electronic image and collected and returned electronically. These electronic images may also be converted to substitute checks. We will not be responsible if an Item you provide has physical features that when mated result in it cot being processed as you intended. 9. aHo`>a! We Apply dour Payments. we generaily aooiy your payment io lower Annual Percentage Rate balances befcre higher ones. Please refer to your Truth in Lending Disclosures for details on ,,^.ow we may apply your payments. 9. Items with Restrictive Words, Conditions or Instructions. All Items that have restrictive words, conditions, limitations or ( special instructions added (including items marked with the words "Paid in Full" or similar language) must be mailed to and received at: Capital One, ` P.O. Box 30285. Salt Lake City, UT 84130-0285. If you make your payment to any other address, we may accept and process the payment without losing any of our rights. 10. Credit Balances. We may reject and return to you any payment that creates a credit balance on your Account. Any credit balance we allow will not be available until we confirm that your payment has cleared. We may reduce the amount of any credit balance by any new amounts billed to your Account. You may contact us as provided on your Statement and request a refund of any available credit balance. If you contact us in writing, we will refund your credit balance within 7 business days from our receipt of your written request- I 10. Account Default. You will be In default of your Agreement with us if (1) you do not make any payment when it is due; (2) any payment you make is rejected, not paid or cannot be processed; (3) you exceed a credit limit; (4) a bankruptcy or other insolvency proceeding is filed by or against you; (5) you die or are legally declared incompetent or incapacitated; (5) we determine that you made a false, incomplete or misleading statement on any of your Account documentation, or you othernlse triad to defraud us; or (7) you do not comply with any term of this Agreement or any other agreement with us. For certain actions, including changing the rates and fees on your Account, our options appear in our original offer materials when you opened your Account. In addition, if you are in default, we may take the following actions without notifying you, unless the law says that we must notify you: (1) close or suspend your Account, (2) lower your credit limits; (3) increase your minimum payment; (4) demand that you Immediately pay the entire balances owing on your Account (5) continue to charge you Finance Charges as long as your balances remain outstanding, and/or (6) pursue any other action against you that the law allows, which includes the filing of a lawsuit against you or our requiring arbitration as described in the Arbitration Provision Section. You most pay us all of our actual collection expenses, attorneys fees and court costs unless the law does not allow us to collect these amounts. In any action against you, we may choose the Virginia statute of limitations period or the period provided by the law of the state where you live. 11. Communications, We may contact you from time to time regarding your Account. We may contact you in any manner we choose unless the law says that we cannot- For example, we may: (1) contact you by mail, telephone, email, fax, recorded message, text message or personal visit; (2) contact you at your home and at your place of employment; (3) contact you on your mobile telephone; (4) contact you at any time, including weekends and holidays; (5) contact you with any frequency: (6) leave messages on your answering machinelservice and with others; and (7) identify ourselves, your relationship with us and our purpose for contacting you even if others might hear or read it. Our contacts with you about your Account are not unsolicited and might result from information we obtain from you or others. We may monitor or record any conversation with you, modify or suppress caller ID services and use automated dialing and announcing devices (autodialers). We may do these things whether we call you or you call us. If you ask us to discuss yourAccount with someone else, you must provide us with documents that we ask for and that are acceptable to us. 11. Credit Reports. We may provide Information about you and the Account to consumer (credit) reporting agencies and others as provided in our Privacy Notices. Information we provide might appear on your and the Authorize Users' credit reports. This could include negative infonnalion if you do not comply with the terms of this Agreement. We may obtain and use information about you from consumer (credit) reporting agencies and others as the law allows. 11-12. Closing or Suspending Your Account. You may ask us to close your Account by calling or writing us as described on your Statement. Your Statement will provide additional information about this process, and we may also separately provide you with additional details after your request. This might include payment informaton_ If you use your Card or charges post to your Account after you ask us to close it, we may Keep it open or reopen it. iNe may dose or suspend your account and your right !o obtain credit. bVe may io ;his at .?nv 'Imo and for any reason, even if you are riot in default. suspension of your Acconr might be oerm3i,ent or temporary if your Account is closed or suspended for any reason, you must stop using your Card_ You must also cancel all biiiing arrangements to the Account. We will not do this for you. If we close or permanently suspend your Account, you must also destroy all Cards. You must stilt pay us ail amounts you owe on the Account, even if they are charged after your Account is dosed or suspended- 12_ Lost or Stolen Card. You will take reasonable steps to prevent the unauthorized use of your Card and Account. If your Card Is lost or stolen or If someone else might be using it without your permission, you must tell us at once. You may tell us by calling the telephone number on the back of your Card or on your Statement or by writing us at the address on your Statement. You will not be responsible for charges made to your Account that are found by us to be unauthorized. If we reimburse your Account for unauthorized charges made using your Card, you will help us i investigate, pursue and get reimbursement from the wrongdoer. Your help includes giving us documents that we ask for and that are acceptable to I us. 12. Changes to Your Agreement. At any time, we may add, delete or change any term of this Agreement unless we told you that vie would not. We will give you notice of any changes unless we previously told you that we may make certain changes without notice. if we do notify you of changes, we will send you a separate notice or Inform you on your Statement. Our notice will tell you when and how the changes will take effect and describe any rights you have in connection with the changes. Unless we tell you otherwise, all changes will apply to both unpaid balances on your Account and new transactions. 12. Governing Law. This Agreement and yourAccount will be governed by federal law that applies to them and, if federal law does not apply, than by Virginia law. This will be true regardless of where you five or where you use the Card. We are located in Virginia. We make the decisions to open and hold your Account, issue your Card and extend credit to you from our offices in Virginia. If any part of this Agreement is found to be not enforceable, this Agreement will be read as if the unenforceable part were not there. 12-13, Waiver. We will not lose any of our rights if we delay taking any action for any reason or If we do not notify you. For example, we may waive or reduce your Finance Charges or fees without notifying you and without losing our right to charge them In the future. We may always enforce our rights later and may take other actions not listed in this Agreement if the law allows them. You do not have to receive notice from us of any waiver, delay, demand or dishonor. We may proceed against you before proceeding against someone else. 13. Assignment. This Agreement will be binding on, and benefit, any of your and our successors and assigns. You may not transfer your Account or your Agreement to someone else without our written permission. We may transfer your Account and Ibis Agreement to another company or person without your permission and without prior notice to you. They will take our place under this Agreement. You must pay them and perform all of your obligations to them and not us_ If you pay us after you are informed or learn that we have transferred your Account or this Agreement, we can handle your payment in any way we think is reasonable. This includes returning the payment to you or forwarding the payment to the other company or person- 18-19. Glossary. - "Access Check"means any check we send to you to access your Account We may also refer to an Access Check as a convenience check' or a "purchase check." • "Authorized User" means one or more persons who may use the Card but is not responsible for the repayment of the Account. "Balance Transfer" means a Transfer posted to the purchase Segment of your Account unless otherwise described in your Truth in Lending Disclosures. "Biffing Cycle" means a period of time that might vary in length but is approximately 30 days. The specific period of time is described on each Statement. However, you will have a Billing Cycle even if a Statement is not required. We will often specify a Billing Cycle by the month in which its closing date occurs as provided on the Statement. For example, a "March Billing Cycle" will have a closing date in March. We may also refer to a Billing Cycle as a "Billing Period." • "Card' means any Capital One credit card associated with your Account, which includes all renewals and substitutions. it also means any other access device for your Account we give you that allows you to obtain credit, including any Account number and any Access Check. • "Card Association" means Visa inc., MasterCard International Incorporated, or any other network provider displayed on the Card. • "Gash Advance" means using the Card to obtain loans in cash or things we consider cash equivalents. Cash equivalents include wire transfers, travelers' checks, money orders, foreign currency, lottery tickets, gaming chips and wagers. Cash Advances are posted to the cash advance Segment of your Account and not to your purchase Segment. • "Finance Charges" means certain charges that are your cost of credit expressed as a dollar amount- These charges include the interest you pay on your balances and certain types of fees. Please refer to your Truth in Lending Disclosures for more information. • "item' means a check, draft, money order or other negotiable instrument you use to pay your Account. This includes any image of these instruments, This does not include an Access Check. • "Segments" means the different parts of your Account we may establish that are subject to unique pricing, grace periods or other terms. We create these parts of your Account for such things as your purchases, Balance Transfers, Cash Advances and Special Transfers. "Special Transfer" means a Transfer posted to the Special Transfer Segment of your Account and not to your purchase Segment. • "Statemant' means a document or information we provide to you showing Account information including, among other things, transactions made to your Account during a Billing Cycle- We might also refer to your Statement as a "Periodic Statement" or a "Billing Statement" "Transfers" means balances transferred from other accounts to this Account and Includes Balance Transfers and Special Transfers. • "Truth in Lending Disclosures" means any Account information we provide to you that is required by the federal Truth in Lending Act and Regulation Z. This includes your solicitation disclosures, account opening disclosures, Statements and change in terms notices. Arbi ra*.ion Provision. on and :ve agree inai -:ter you .-,r -e e may, at eiiher nzr'y's >eie election, require thai _.ny Claim (as yenned 'below) be resolved by binding arbitration. IF YOU OR 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 ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, INCLUDING THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION. THE FEES ASSOCIATED WITH ARBITRATION MAY BE HIGHER THAN THE FEES ASSOCIATED WITH COURT PROCEEDINGS. 1314. Special Definitions for this Arbitration Provision. For the purposes of this arbitration provision ("Arbitration Provision"), the following definition shall apply in addition to the definitions set forth in this Agreement: "Claim" means any claim, controversy or dispute of any kind or nature between you and us. A. This definition includes, without limitation, any Claim that in any way ar/alas from or relates to: • the Agreement and any of its terms (including any prior agreements between you and us or between you and any other entity from which we acquired your Account) this Arbitration Provision (including whether any Claim is subject to a(bitration) the establishment, operation or termination of your Account any disclosures, advertisements, promotions or other communications relating to your Account, whether they occurred before or after your Account was opened any transactions or attempted transactions involving your Account any billing or collections matters relating to your Account any posting of transactions (including payments or credits) to your Account any goods or services charged to your Account any fees, Interest or other charges assessed to your Account, or their calculation • any products, services or benefits programs related to or offered in connection with your Account (including any insurance, debt cancellation or extended service contracts and any programs, rebates, rewards, sweepstakes, memberships, discounts or coupons) whether or not we offered, Introduced, sold or provided them our receipt, use or disclosure of any information about you or your Account B. This definition also includes, without limitation, any Claim: regardless of how or when it !s brought (for example, as an initial claim, counterclaim, cross-claim, inlerpleading or third-party claim) based on any theory of relief or damages (including money damages and any form of specific performance or injunctive, declaratory or • based on any theory of law or equity (including contract, tort, fraud, constitution, statute, regulation, ordinance or wrongful acts or omissions of any type, whether negligent, reckless or intentional) • made by you or by anyone connected with you or claiming through or for you (Including a co-applicant or Authorized User of your Account, your agent, your representative, your heirs or a trustee in bankruptcy) • for which we may be directly or indirectly liable under any theory, including respondeat superior or agency (even if we are not properly named at the time the Claim is made) • now in existence or that may arise in the future, regardless of when the facts and circumstances that give rise to the Claim occurred or when the ClaiM accrued _ • made as part of a class action, private attorney general action, or other representative or collective action which Claim shall proceed on an individual basis as set forth more fully in this Arbitration Provision- 15. Arbitration Administrators. One of the following arbitration administrators ("Administrator' or, collectively, "Administrators") will administer the arbitration: JAMS 1920 Main St., Ste. 300 Irvine, CA 92594 www.iamsadr.com i American Arbitration Assn 335 Madison Ave., Floor 10 New York. NY 90017-4605 www.adr.org r National Arbitration Forum P.O. Box 50191 Nlinneapells, MN 55405 ,vww.asrut mtion-forum.ccm You (nay contact any of the Administrators to obtain information =_bout arbiimon, arbitranen rules and procedures, fee schedules and ciam forms. f 15-16. Election and Initiation of Arbitration. You or we may elect arbitration under this Arbitration Provision with respect to any Claim, even if the Claim is part of a lawsuit brought in court- You or we rnay make a motion or request in court to compef arbitration of any Claim brought as part of any lawsuit. We will not elect or initiate arbitration of any Claim brought In a small claims court (or the equivalent), so long as the Clain remains in that court, is made solely on behalf of an individual or joint account holder and is not made as part of a class action, private attorney general action or other representative or collective action. You and we must follow the rules of the Administrators to initiate arbitration. If you initiate arbitration, you may choose one of the Administrators, and you must mail us any notice required by the Administrator to P.O. Box 85550, Richmond, VA 23285- 5550. If we initiate arbitration, we will choose one of the Administrators, and we will mail you any notice required by the Administrator to your last- known billing address. If we have initiated arbitration, we will change the Administrator at your request If you notify us In writing at the above initiation of arbitration. 17 Procedures and Law Aoolicable in Arbitration. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and j shall be governed by and enforceable under the Federal Arbitration Act (the "FAA°). Questions about whether any Claim is subject to arbitration shall 11 be resolved by interpreting this Arbitration Provision in the broadest way it may be enforced, consistent with the FAA and the terms of this Arbitration Provision. The arbitrator will apply substantive law consistent with the FAA and applicable statutes of llmltatlons, but the validity and enforcement of any class action waiver is a question for a court of competent jurisdiction, not an arbitrator, to decide. The arbltrator may award any damages or other relief permitted by applicable substantive law (but will not have power to review the enforceability or severability of the paragraph "No i.._ Consolidation or Joinder of Parties,' below), but the award shall determine the rights and obligations of only the named parties and only with respect to the Claims In arbitration. The rules and procedures of the Administrator, which you may obtain from the Administrator, shall govern the arbitration unless they conflict with this Arbitration Provision, in which case this Arbitration Provision will apply. The arbitrator will not be bound by, and this Arbitration Provision shall not be subject to, the federal, state or local rules of procedure and evidence that would apply in any court, or to state or local laws that relate to arbitration proceedings. You or we may have a hearing in arbitration. Any arbitration hearing that you attend in person will take place at a location in the federal judicial district that Includes your last-known billing address or at some other place upon which you and we agree. You or we may be represented by counsel. If you or we request, the arbitrator will honor claims of privilege recognized under applicable law and will use best efforts to protect confidential information (including through the use of protective orders). The arbitrator will make any award in writing and, at the timely request of either party, will provide a written statement of reasons for the award- t 17. Costs. The party initiating arbitration will pay the initial filing fee. You may seek a waiver of the initial filing fee or any of the Administrator's other fees collectively, "Administrators Fees') under any applicable rules of the Administrator. If you seek, but do not qualify for, a waiver, we will consider any written request by you for Lis to pay or reimburse you for all or part of the Administrators Fees. We also will pay or reimburse you for all t-... or part of the Administrator's Fees If the arbitrator determines there is good reason for us to do so. We will pay any fees and costs we are required to pay by law. Otherwise, and except as provided In this Agreement, you and we wilt bear all of our respective fees and costs (including the Adminlstrators Fees and the fees and costs relating to attorneys, experts and witnesses), regardless of who prevails. Allocation of fees and costs relating to appeals In arbitration will be handled in the same manner- 18. No Consolidation or Joinder of Parties. The arbitration of any Claim must proceed on an individual basis, even if the Claim has been asserted in a court as a class action, private attorney general action or other representative or collective action, Unless all parties consent neither you not we may join, consolidate or otherwise bring Claims related to two or more accounts, individuals or accountholders in the same arbitration. Also, unless all parties consent, neither you nor we may pursue a class action, private attorney general action or other representative or collective action in arbitration, nor may you or we pursue such actions in Court if any party has elected arbitration. You will not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim as to which arbitration has been elected. its. Juugmenr Cmortannerrt rn"auav n,,.. •,r+v??.. ••,? •.. ?•••°•?• appeal of the award by making a written request to the Administrator. The appeal panel, which will consist of three arbitrators, will consider all factual and legal issues anew, will conduct the appeal in the same manner as the initial arbitration and will make decisions based on the vote of the majority. The panel's decision will be final and binding- Any final decision of the arbitrator or of the appeal panel is subject to judicial review only as set forth under the FAA. An award In arbitration will be enforceable under the FAA by any court having jurisdicflon. 1 B Miscellaneous Waiver Severabillty, Survival. If you or we do not elect arbitration or otherwise enforce this Arbitration Provision In connection with any particular Claim, you or we will not waive any rights to require arbitration in connection with that or any other Claim. This Arbitration Provision shall survive: (1) suspension. termination, revocation, closure or changes of this Agreement, your Account and your relationship with us: (ii) the bankruptcy or insolvency of any party: and (iii) any transfer of your Account, or any amounts owed on your Account, to any other person or entity. If any portion of this Arbitration Provision is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. in the event of a conflict or inconsistency between this Arbitration Provision and the other provisions of this Agreement or any prior agreement, this Arbitration Provision shall govern. A photocopy or other image of this Agreement and related documents may be used in place of the originals for all purposes including Utigallon. capi Q 2008 Capital One Capital One is a federally registered service mark. All rights reserved M-93465 COF Customer Agreement 005 500019 Protect your account. Enjoy peace of mind. • In case of emergency, makes the minimum monthly payment you owe on your eligible balance once per calendar year. • Pays the minimum monthly payment on your account if you are Payment disabled or involuntarily terminated for up to 12 months. P R O T E C T I O N ' Pays the entire eligible balance up to $to,coo in the event of death with Emergency Payment or Permanent disability. f-'. Cap"Om' • Costs just 99 cents per .,co of ,your statement ending balance. • ENROLL TODAY.r See reverse for enrollment information FINANCE Prenous Balance Payments & Credits CHARGE Transacoons New Balance Mwmum P6vment Due Date $0.00 - $0 00 $0.00 +? -$39.00 $39.00 $15.00 Aug 01, 2007 Jun. 25, 2007- Jul 02, 2007 Page 1 of 1 'LL'sk M, AT U.q TM Of mT MasterCard PlaMure Account 5178-0572-3437-2857 Yow Account Information TOTAL CREDIT LINE $1,000.00 TOTAL AVAILABLE CREDIT $961.00 CREDIT LINE FOR CASH $1,000.00 AVAILABLE CREDIT FOR CASH $961 00 Fn- Charges (Please see reverse for important mformao Bdancerase Penodtc CortapmdusgFINANC apphed b raze APR CHARG Purcfu5a s0 00 0 00000% 000% S000 Cash $000 005477°!.P 1999% $0.00 ANNUAL PERCENTAGE RATE applied this period. 000% 0 At Your Service 1.8(10.903-3617 - To call Customer Relaeau or to repor' a last or stolen card Pavrrwtts -Credts & Adtusmte Is Transacaoru 1 02 JUL CAPITAL ONE MEMBER FEE 53900 0 Send payments to: Capdal One Bonk fi P o Box 70884 fi Charlotte, NC 28272-0884 e S-d inquiries to Capttel One fi P O Box 30285 0 Salt Lake City, UT 84130-0285 ?XHl?li 6036 $06 1 07 1 0707oz PALE 1 of 1 01096056 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO W W W.CAPITALOt4E.COM TO MANE YOUR PAYMENT ON LINE 0 5178057234372857 01 0039000000000015008 Orw (uwlsars m your wallet?' Account NumberS178-05723437-2867 New Balance Minimum Payment Due Date Please print address or phone number changes below wln0 biw or black Ink. L$39.00 EE$pp15.00 Aug. 01, 2007 Address PLTHIS A A UNTLEAST Home Phone Alternate Phone E-mail address (d) Amount Enclosed $901"0711607429" NAIL ID NUMBER KENNETR M SNITN 55 FAIRFIELD ST Capital One Bank CARLISLE, PA 17013-3119 P.O. Box 70984 M2131K Y170133I19554R Charlotte. NC 29272-0934 7514669292720896847% Please write your account number on your check or money order made payable to Capital One Bank and mall with this coupon in the enclosed envelope SOD016 PSSST... Capital Ones does credit cards-and then some! Need a car? A savings account? A loan? Braces or glasses? Capital One can handle it all. Hassle free'! Visit capitalone,com for a complete list or services and to manage your account online. Ca1italone- + what's m your wallet? FINANCE Prevtotn Baance Payments & Credits CHARGE $39.00 - $39.00 $0.00 Jul. 03, 2007 - Aug. 01, 2007 Page 1 of 1 Trmacuoru New Balance Mi u num Pavment Due Date C$149.24 $149.24 $15.00 Sep. Oi, 2007 71FASE PLY Ai 1£65T M5 eena<i erCerd PlaOOlun ACCOUm F175"572-3437-2957 Your Account tnrormation TOTAL CREDIT LINE $1,000.00 TOTAL AVAILABLE CREDIT $850.78 CREDIT LINE FOR CASH $1,000.00 AVAILABLE CREDIT FOR CASH $850.76 Potence Chaigffi (Please see reverse ra unporient rnforman BaLmce rue Periodic Come xbngFI1ANC applied to rata APR CHAAG Purchases $000 0 00000% 000% $000 Cash $0 00 005477%P 1999'.{, S000 ANNUAL PERCENTAGE RATE appbed ilus paned. 0 .1.) trA At Your Service 1-8M)-903-3637 To call Customer Relauoru or w repon a lost or stolen wrd Payinern, Credits & Adrustments I 18JUL PAYMENT $3900- Trtuvcoom 2 08JUI. WM SUPERC04TER CARLISLE PA $14924 ® Send partimm to Capital One Bank- fi P O Box 70884 6 Charlotte, NC 28272-0884 9 Send mq.n. to Capital One fi P 0 Box 30285 fi Salt Lake City, UT 8413"285 6076 $06 1 07 1 070401 PACE 1 or 2 010"6016 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO W W W.CAPITALONF.COM TO MANE YOUR PAYMENT ONLINE /',.?.?ya..?(?,,,,. I 0 5178057234372857 01 0149240039000015002 ?'°?'Iee°Vr?' whit's Y1 701i1 wallet?' New Balance Minimum Payment Due Date Account NumberS17"572-3437-2857 Plea prlb address or phone number changes below using blue w black Ink. $14924 $15.00 Sep. 01, 2007 Address PLEASE PAY AT LEAST THIS AMOUNT Home Phone Alternate Phone Amount Enclosed E-mail address a &90214076160742930 MAIL ID NUMBER KENNETH M SMITH SS FAIRFIELD ST Capital One Bank 2?? CARLISLE, PA 17013-3119 P.O. Box 70994 ? ;17otJ 31t9554R Charlotte, NC 28272-0804 751466 .482720884847 % Please write your account number on your check or money order made payable to Capital One Bank and mail with this coupon in the enclosed envelope. 200245 KENNETH W SMITH fit` 55 FAIRFIELD ST 12372 CARLISLE, PA 17013-3119 Use by October 23, 2007 65-7270/2560 0,9493 v W / ( %y to the 0rderof VO I D ---- W Dollars V Capital0 , j Richmond, vA 1 CurOh0ld er M.M. /12372/*256072701*7510004046393/ 6056 y06 1 07 1 070101 PACE 2 aP 2 Easy. Convenient. \ You deserve hassle-free financial tools. So to make it as easy as possible for you to access your account, we're pleased to offer you these no-transaction-fee Purchase Checks.' You can use them wherever personal checks are accepted to: • Get cash for things you want and need • Use them where credit cards are not accepted • Buy something special Purchase Checks come with the same rate you pay for purchases you make with your card. Just be sure the total of your checks, other transactions and fees doesn't exceed your credit line. • See back of letter For important information about using these checks KENNETH W SMITH 55 FAIRFIELD ST CARLISLE, PA 17013-3119 01046056 NO TRANSACTION FEE Remember to use these Capital One" Purchase Checks by October 23, 2007. Use by October 23,21M Date Pay I. the orderofv O ! D 12373 68.7270/2560 09493 U4 W Z lu $E h Q x Dolkrs N Cap/tWOM- Rlchmond, VA Memo /12373/*256072701*7510004046393/ C Cardholder Signature 200245 KENNETH W SMITH 12374 55 FAIRFIELD ST ame, 68-7270/2560 09493 y[ CARLISLE, FA 17013-3119 Use by OcWba 23, 2007 is W Z U PoylOtheOrd NOf __1r1 D 0 W $ Q x Dollars UQ ??++?? ?'?7mPtorze C, Richmond, VA Cardholder 75146692 /12374/*256072701*7510004046393/ Capital ?! Capita! One Auto Buying-as '°' makes car-buying easier. Because you're already a Capital Onea customer, you qualify for special, low, No Hassle pricing ? Low, No Hassle pricing :) cire,)t 'A on a huge selection of new and used cars at No negotiating needed ? deal • • exclusive partner dealerships near you. Less time at the dealershic, a quick buying Huge inventory of new process, and a great low price all aad up to sur and used vehicles (11-NO Hassle Nu Hassle promise -when you buy your next car. FINANCE Prevuoos Balance Payments & Credits CHARGE. TrnnsecLons New Bd." Mmuma , Payment Due Date $149.24 - $100.00 + $0.00 + $300 = $349.36 $15.00 I? 01, 2007 J Aug. 02, 2007- Sep. 01, 2007 Page 1 of 1 TI&11E JAY At IFIT lMt AYfYM MasterCard Platinum Account 5176-0572-3437-2857 Your Account Irdonnabon lUTAL CREDIT LINE $1,000.00 TOTAL AVAILABLE CREDIT $650 64 CREDIT LINE FOR CASH $1,000.00 AVAILABLE CREDIT FOR CASH $850 64 Finance Charges (Please see reverse for important infom?en Bdanteerde Periodic Corrapondin 1ANC applied to rare APR CHARG Purchases 5266.37 O.000OO% 0.00% 50.00 Cish $0.00 0 05477%P 19 99% SO tx) ANNUAL PERCENTAGE RATE applied this Period. 0 00% At Your Semce 1-800-903-3637 To call Customer Relations or to report a lost or stolen card. Payments. Cfedm AAdjustments 1 29 AUG PAYMENT S1(x)W_ Transactions 2 08 AUG PURCHASE CHECK 17399 73672391 $122.65 3 27 AUG UNI RIN DIRECT INS CO 800-437-8394 PA S77 50 4 28 AUG KOBLS 110188 CARLISLE PA $9997 1?/ 0 Send payments to Capital One Bank fi P O Box 70884 It Charlotte, NC 282724)884 A Send mgmnes to Capnel One fi P O Box 30285 ri Sdt Lake CITY, UT 84130-0285 ® Have a ques ton about a charge on your su a.mmx7 Please referto the Billing Rights Summmy on the back of yom statomenl or vr.,a...v r.poA`?uru/d.s ya 6016 $06 1 07 1 070901 PAGE 1 of 2 0110,4056 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO W W W.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE QW I what's in your wallet?' 0 5178057234372857 01 0349360100000015000 New Balance Mlnlmum Payment Due Data C$349.38 EE$gq15.00 Oct. 01, 2007 PLTHIS AMOUNTLEAST Amount Enclosed c---::D Capital One Bank P.O. Box 70884 %4274% Charlotte, MC 29272-0834 751466.93272o-4- Account NumberSI78-0572-3437-2857 Aease Please print address or phone number clum es below using blue or black Mk. Home Phone ARemate Phone E-mail address A *9024507610742970 RAIL ID NUMBER KENNETH M SMITH SS FAIRFIELD ST CARLISLE, PA 17013-3119 '/.170133119554% Please write your account number on your check or money order made payable to Capital One Bank and mail with this coupon in the enclosed envelope. 200245 KENNETH W SMITH Date 55 FAIRFIELD ST 12361 CARLISLE, PA 17013-3119 Use by November 22, 2007 68-727o/256o 09497 U W Poyfa the orderaf ?/ I D t a? a U W Dollars Q ,ti!bmand. /A .. Memo /12361/*256072701*7510004046393/ Cardholder Signature 6056 506 1 07 1 070901 PAGE 2 of 2 OIN44056 Easy. Convenient. NO You deserve hassle-free financial tools. So to make it as easy as TRANSACTION possible for you to access your account, we're pleased to offer you these no-transaction-fee Purchase Checks.* You can use them wherever personal checks are accepted to: • Get cash for things you want and need - -? • Use them where credit cards are not accepted Remember • Buy something special to use these Capital One* Purchase Checks come with the same rate you pay for purchases Purchase Checks by you make with your card. Just be sure the total of your checks, November 22, 2007. other transactions and fees doesn't exceed your credit line. " See back of letter for important information about using these checks KENNETH W SMITH 12362 55 FAIRFIELD ST Dote 68-7270/2560 CARLISLE, PA 17013-3119 09,497 Use by November 22,20M l2 W R2 0 y to the to., jV O I D r ? rW _ l e Dollars a fN3ftM1()lf1e- 4 Richmond. VA Cardholder Signalure /12362/*256072701*7510004046393/ 200245 KENNETH W SMITH M63 55 FA@FIELD ST Date 68-7270/1560 CARLISLE, PA 17013-3119 Use by November 22. 2007 09491 v W x in Poyto the order-fV 0 1 D $ "f in J Q Z ? Dams 0178' a Richmond, VA Cardholder 751469-90 signature 112363/*256072701*7510004046393/ Capital One Auto Buying. 500179 makes car-buying easier. te?',,e r I, your short-air to Because you're already a Capital One" customer, you qualify for special, low, No Hassle pricing ? Low, No Hassle pricing 11 gre_)t 'A on a huge selection of new and used cars at • • exclusive partner dealerships near you. ? No negotiating needed Less time at the dealership, a quick buying ? huge inventory of new process, and a great low prce all aec up to our end +ised vehicies C,/NOHassle No Hassle promise when you buy your next car FINANCE Prenous Balance Payments & Credits CHARGE Transactions New Balance Mmhmum Pz)tnenl Due Date C $349.36 - $100.00 $0 00 $508 77 = $758 13 $22 00 Nov 01, 2007 Sep. 02, 2007- Oct, 01, 2007 Page 1 of 1 MasterCard Platinum Account 5178-0572-3437-2857 Your Account ktformaaon TOTAL CREDIT LINE $1,500.00 TOTAL AVAILABLE CREDIT $741 87 CREDIT LINE FOR CASH $1,000 00 AVAILABLE CREDIT FOR CASH $741.87 Finance Charges (Please ace reverse for important utformano Balance role Periodic ComespandingFBJANC applied to rote APR CHARG Purchases $77090 000000% 000% SO OO Cash SO OO 0 0534096P 1949% s0 00 ANNUAL PERCENTAGE RATE applied the period. 000% ® At Your Service 1.800-903-3637 To call Customer Relations or to report a lost or stolen card Poymenb-Credits & Adjustments _ I OI OCT PAYMENT $10000- Ttansamom 2 04 SEP PPL ELECTRIC UTIUBMC 800-342-5775 PA $24000 3 04 SEP FEES 214-750-2700 TX 54.95 4 07 SEP APPLEBEES YOR071 DO043 YORK PA .5230 12 5 28 SEP UNITRIN DIRECT INS CO 800-IJNITRJN CA S33 70 COegratulsnahs on your credit hue increase) By successfully completing your Capital One Credit Steps, you've eared a credit lane increase. You can put this new purchasing power to work for you right away We look forward to providing even more products end services to meet your needs in the fugue. (Credit Steps is a semen mark of Capnal One ) 0 Send payments to. Capital One Bank fi P O Box 70884 It Charlotte, NC 28271-0884 A Send inquiries to Capital One fi P O Box 30285 fi Salt Lake City, UT 84130-0285 Have a question about a charge on your statement? Please refer to the Billing Rights Summary on the back of your statement or vismvwr gap,Imp 6056 506 1 07 1 071001 PAGE 1 or 1 OlDN6016 PLEASE RETURN PORTK)N BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE a3piwo' I v bes in your wa iw, New Balance Minimum Payment Due Date C$758.13 ?$p2g2.00gy Nov. 01, 2007 PLTHIBEAMOUAJLEAST Amount Enclosed Capital One Bank P.O. Box 70884 %4305% Charlotte, MC 28272-0884 751466682720884847, 5178057234372857 01 0758130100000022002 Account Numbe1517"572-3437-2857 Alddre palm address or phone number changes beknw using lights, or black Ink. Home Phone ARemate, Phone E mail address i 39027507616074294* MAIL IV NUMBER KENNM M SMITH 55 FAIRFIELD ST CARLISLE, PA 17013-3119 %170133119554'% Please write your account number on your check or money order made payable to Capital One Bank and mail with this coupon in the enclosed envelope. Capital One Auto Buying'. 5010119 makes car-buying easier. W Because you're already a Capital One' customer, you qualify for special, low, No Hassle pricing ? Low, No Hassle pricing on a huge selection of new and used cars at g No negotiatin needed o exclusive partner dealerships near you. g Less time at the dealership, a quick buying ? Huge inventory of new process, and a great iow price all add up to our and used vehicles (#d Ha551e No Hassle promise when you buy your nest car. FINANCE Prevrom Balance Payments & Credits CHARGE Transachors New Belarue Mmnmum Paynsent Due Date $758.13 - $30000 + $000 + $231.40 = $889 53 $20.00 Dec. 01, 2007 Oct. 02, 2007- Nov. 01, 2007 Page 1 of 1 nra r - iii -1T MasterCard Plawrun Account 5178-0572.3437-2857 Your Account Information TOTAL CREDIT LINE $1,50000 TOTAL AVAILABLE CREDIT $81047 CREDIT LINE FOR CASH $1,000.00 AVAILABLE CREDIT FOR CASH $810.47 Farance Charges (Plate see reverse for important inform ) Balance rate Penodre CorresoondingFiNANc apphed to rate APR CHARG Purclmes 5820 51 0 00000% 0 00% S0.00 Cash $000 0 053409'8 1949% $000 ANNUAL PERCENTAGE RATE applied tied period. 000% ® At Your Sermnce 1-800.903-3637 To call Customer Relatsons or to report a lost or stolen card PavRIM- Credits& Adustrre is 1 29 OCT PAYMENT $30000- Trmsechom 2 V CT COMCAST CENTRAL PA 800-COMCAST DE S 197 70 3 28 OCT UNITRIN DIRECT INS CO 800-UNrTRIN CA $3370 ® Send payments to CaPiW One Rank fi P 0 Box 70884 fi Chadolte, NC 28272-0884 ® Send mqumes to CaptW One fi P 0 Box 30285 fi Sah Lake City, UT 84130-0285 ® Have a question about o dlsrge co your statement? Pleat refer to the Btling Rights Summary on the back of your swerowt or nt oltdalnm, jcnrnrdvirnues "SO 506 1 07 1 071101 PAGE 1 or 2 ow""S6 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO W W W.CAelTALONE.COM TO MAKE YOUR PAYMENT ONLINE C-Meawtw I wAlrs I. you'-w" New Balance Minimum Payment Due Date $689.53 $20.00 Dec. 01, 2007 PLEASE AMOUJT EAST Amount Enclosed C= Capital One Bank P.O. Box 70884 3/64335'% Charlotte, NC 28272-0884 751466992720884847% 5178057234372857 01 0689530300000020007 Account NumbeiS178-0572-3437-2857 Pisa" print addrssa or phone number changes below using bkn or black ink. Address Home Phone Alternate Phone E-mail address A i9030707515074295i MAIL ID NUMBER KENNETH M SMITH 55 FAIRFIELD ST CARLISLE, PA 17013-3119 %170133119554% Please write your account number on your check or money order made payable to Capital One Bank and mail with this coupon in the enclosed envelope. 200245 KENNETH W SMITH 55 FAIRFIELD ST Dal! 12331 CARLISLE, PA 17013-3119 Use by January 23, 2008 68-727012560 09505 y v W Pay to the order of 0 ?? E U - -- W Capitalone CC 2icna,aae. ?iA '? Cardholder /12331/*256072701*7510004046393/ 6056 506 1 07 1 072101 PAGE 2 of 2 OID16056 Easy. Convenient. N 0 You deserve hassle-free financial tools. So to make it as easy as TRANSACTION possible for you to access your account, we're pleased to offer you these no-transaction-fee Purchase Checks.* You can use them FEE wherever personal checks are accepted to: • Get cash for things you want and need • Use them where credit cards are not accepted • Buy something special Remember Purchase Checks come with the same rate you pay for purchases to use these Capital Ohe" Purchase Checks by you make with your card, lust be sure the total of your checks, other transactions and fees doesn't exceed your credit line. January 23, 2008. See back of letter for important information about using these checks KENNETH W SMITH 55 FAIRFIELD ST CARLISLE, PA 17013-3119 12332 Dare 68-727o/2560 _ 09505 Usc by Januay 23, 2008 V W z V O 1 D Puy to the order- LU x Dollars CapitalOne• y Richmond, VA Memo /12332/*256072701*7510004046393/ Cardholder Signature 200245 KENNETH W SMITH 12333 55 FAIRFIELD ST Date 68-7270/2560 CARLISLE, PA 17013-3119 2008 09505 ? Use by Januay 23 , U W v Pay to the order oj O I D W Q z Dollars /•?.?? !L__ ?ftl0 _. Rlchmand, VA 4 _ Cardholder 7514W W Signature /12333/*256072701#7510004046393/ 500016 V) PSSST... Capital Ones does credit cards-and then some! Need a car? A savings account? A loan? Braces or glasses? Capital One can handle it all. Hassle free! Visit capitalone.com for a complete list of serjices and to manage your account online. tCapi"Olne- I ''what's in your walled' FINANCE Previous Balance Paymens & Credia CHARGE Trwxtions New Balance Mttnmtun Payment Duo Date $689.53 - $500.00 $000 + $1,216.29 = $1,405 82 $42-00 Jan. 02, 2008 Nov. 02, 2007- Dec. 01, 2007 Page 1 of 1 MasterCard Platmum Account 517840572-3437-2857 Your Account information TOTAL CREDIT LINE $1,500.00 TOTAL AVAILABLE CREDIT $94.18 CREDIT LINE FOR CASH $1,000.00 AVAILABLE CREDIT FOR CASH $94.18 Ftnancc Charges (Please see reverie for tmportam utfarman ) Balance rate Periodic ConespondungFINANC applied to rue APR CHARG Purchases $1,27727 000000% 000% SOW Cash $000 0 05340W 1949% $000 ANNUAL PERCENTAGE RATE applied dus period. 000% Al Your Servicc 1-800-903-3637 € To call Ctalomer Relations or to report a lost or stolen card Payments. Credits R Admstments 1 05 NOV CAPITAL ONE ONLINE ACH PAYMENT 5350 00- 2 07 NOV CAPITAL ONE ONLINE ACH PA YMENT 515000- Tim rsatxtons 3 04 NOV NEBRASKA GAME & PARKS 402-0715520 NE $17800 4 04 NOV USAIRWAY 03770894141350 ATLANTA GA $68010 TK0 03770894141350 PSGR. SMITH/KENNErHW ORIG' MDT, DEST ORD S/0 X CARRIER. US SVC H ORIG ORD, DEST OMA S/0 0 CARRIER. US SVC H ORIG' OMA, DEST MCK S/O O CARRIER. US SVC Y ORIG MCK, DEST- OMA S/O 0 CARRIER. US SVC Y ORIG MDT, DEST ORD CARRIER. US SVC Q ORIG ORD, DEST MDT 0 Send payments to CARRIER. US SVC Q Capital One Bank fit P 0 Box 70884 fi Charlone, NC 28272-0824 05 NOV EXPEDIA'SERVICE FEES 800-367-3476 NV S500 6 09 NOV NEBRASKA GAME & PARKS 402-4715520 NE $178 00 44 Sand mqutnas to 7 16 NOV CHIEF MOTEL DEVELOPMEN MC COOK NE $141 49 Capital One h P 0 Box 30285 fi Salt Lake City, UT 84130.0285 ARRIVE. 11/09/07 DEPART 11/16/07 FOLIO# (00005094 PH# 866-842-3252 - Have a question about a charge on your stalemeitV 8 29 NOV UNITRB4 DIRECT INS CO 901-ONMIN CA $33 10 Please refer to the Billing Rights Swtmtary on the bock of your statement or vmkWaw n.mr Irnmfdwmrces 6056 506 1 a? 1 071301 PALE 1 or 1 011)""S6 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO W W W.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE C-Pi ow I what's in your wallet?' New Balance Minimum Payment Due Date C$1,40582 $42 00 Jan. 02, 2008 PL?ASE PAY AT LEAST IS AMOUNT Amount Enclosed Capital One Bank P.O. Box 70694 Y.40021A Charlotte, MC 28272-0884 7151 46 6 SB2720884847% 0 5178057234372857 01 1405820150000042008 Account NumbeiSi7"672-3437-2857 Pkuae print addreea or phone number changes below wing blue or black Ink. Address Nome Phone Alternate Phone E-mad address 0 #9033607616074294# )Mil 10 NUMBER KENNETH M SMITH S5 FAIRFIELD ST CARLISLE, PA 17013-3119 %170133119554% Please write your account number on your check or money order made payable to Capital One Bank and mail with this coupon in the enclosed envelope. Capital One Auto Buying-re "79 makes car-buying easier. W Because you're already a Capital One' customer, you qualify for special, low, No Hassle pricing P Low, No Hassle pricing on a huge selection of new and used cars at F No negotiatin needed O exclusive partner dealerships near you. g Less time at the dealership, a quick buying J Huge inventory of new process. and a great low price all add ,10 to our and used vehicles CANOHa55le No Hassle promise when you buy your next car, FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Mtmm im Payment Due Dote $1,405.82 - $75 00 $22.32 + $145.03 $1,498 17 144.00 Feb. 01, 2008 Dec. 022007- Jan. 02, 2008 Page 1 of 1 f f MasterCard Platinum Account pr,r•?,V ^„[•(•,••.•,••^'•.• 5178-0572-3437-2857 Your Account Infoniabon TOTAL CREDIT LINE $1,500ji3 00 TOTAL AVAILABLE CREDIT $CREDIT LINE FOR CASH $1,0AVAILABLE CREDIT FOR CASH $Finance Charges (Please see reverse for important nforman ondnTHNANC Balance rale Periodic CorraspR ARG apphad to rate AP Purchases 51,422.34 004904%8 1790% $2232 Cash $0 00 0 05203-AP 18 99% $000 ANNUAL PERCENTAGE RATE applied this period. 17 if , At Yow Service 1-800-903-3637 KV To call Customer Relations or to report a lost or stolen cord Payments. Credits & Adn unerte 1 05 DEC CAPITAL ONE ONLINE ACH PA AuthDate 04-D F.C S75 00- Transaction. 2 12 DEC CRAFT LI E CUTTER 2035671127 MA S5294 3 16 DEC DESIGN TOSCANO 800-525-0733 IL $4780 4 21 DEC JCPENNEY STORE 2712 CAMP HILL PA S1059 S 28 DEC UNITRIN DIRECT INS CO 800-UNn'RIN CA S33 70 0 Send payraents to Capital One Bank fi P O Box 70884 fi Charlotte, NC 28272.0884 ® Send mgnnes to Capital One fi P O Elm 302AS h Sall Lake Cory, UT 84130-0285 Have a question abwt a charge on yow stirement? Please refar 10 the Billing Rights Summary on the back of yow $tateune0t or v>s_s0t lone ... id..T,res 6656 306 1 07 1 010107 PALE 1 of 1 011"60511 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO W W W.CAPtTALONE.COM TO MAKE YOUR PAYMENT ONLINE wtnt's in your wallet?" New Balance Minimum Payment Due Date C$1,498.17 $4g4 Feb. 01, 2008 PLMJIE00 AMOUNTLEAST Amount Enclosed CaP1ta7 One Bank P.O. Bolt 884 :4032% CChhyarlotte70, NC 28272-0884 751466992720884847% 0 5178057234372857 01 1498170075000044006 Account NumberG17"572-3437-2867 Mae" print address or phone number chartgas below using blue or black Ink. Address Home Phone Alternate Phone E-mad address l9000407616074298i MAIL To NUMBER KENNETH Y SMITH SS FAIRFIELD ST CARLISLE, PA 17013-3119 :170133119554% Please write your account number on your check or money order made payable to Capital One Bank and mail with this coupon in the enclosed envelope. Previous Balance Payments & Credits $1,465 82 $75 00-- FINANCE CHARGE Transactions New Balance Minimum Payment Gx Data x,;2232 _ ' - --150 $44 C o JC$ Dec 02, 2007 - Jan 02, 2008 Page 1 of 1 / MasterCard Platinum Account 5178.05723417.2857 Your Account Information TOTAL CREDIT LINE $1,500 00 TOTAL AVAILABLE CREDIT $183 CREDIT LINE FOR CASH $1,00000 I\ AVAILABLE CREDIT FOR CASH $183 i 41nance Charges (Please see reverse for Important information) Balancerale Periodic Correspondrg FINANCE applied to rate APR CHARGE Purchases $1,42234 004904% P 1790P. $2232 Cash $0 00 0 05203% P 18 W1 $000 ANNUAL PERCENTAGE RATE applied this period. 17.90% 17At Your Service 1.800.9033637 To cab C.SIo I R.1alions a to r.pon a lost w stolen exit W- ?^r? 0 Send payments to. Capital Ore Bank P O Box 70884 Chadolle, NC 282T2 0684 Send Inquiries Ia. Captal One PO Bar 302&5 Set; Lek. City, UT 84130-0285 Have a question about a charge on your slatement9 Please refer to the Billing Rights Summary on the back of your statement or visit vraw.candalon cam/dim 11 s. P!. ME PAI .11 '. EDIT I., I o )I.Y.I Payments, Credits & Adjustments 1 05 DEC CAPITAL ONE ONLINE ACH PA AulhDate 04-D EC - $7500- Transactions - 2 12 DEC - - - CRAFT LITE CUTTER2035671127 MA - - gg2 g-q 3 16 DEC DESIGN TOSCANO800-525-07331L $4780 4 21 DEC JCPENNEY STORE 2712 CAMP HILL PA $1059 5 20 DEC UNITRIN DIRECT INS CO800-UNITRIN CA $3370 6055 505 1 07 1 080102 PAGE 1 cf 1 OIDM6056 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW CAPITALONE COM TO MAKE YOUR PAYMENT ONLINE Capital0i7e I what's m your wallet?' New Balance Minimum Payment Due Date $1,498 17 )I` $4400 )( Feb 01, 2008 J PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed Capital One Bank P.O. Box 70664 Ii1nI1Inu11Iu11111 erg. Charlotte, NC 26272-0864 7514665 IIIIIII 111111 IIII11111111IIIII IIN III IIIt111111111111111111111 0 5178057234372857 01 1498170075000044006 Account Number: 5178-0572-3437-2857 Please print address or phone number changes below using blue or black ink Horne Phone Alremare Phcre _ E-mail address (d 4900040761GO742984 MAIL ID NT7MO2R KENNETH B SnITH 55 FAIRFIELD ST CARLISLE, PA 17013-3111 I I I I I I I I I I I 11111111 I I II 1111"111111111111111111111111111111 Please write your account number on your check or money order made payable to Capital One Bank and mall with this coupon in the enclosed envelope Capital One Auto Buying. ?"g III makes car-buying easier. Because you're already a Capital One customer, you qualify for special, low, No Hassle pricing ? Low, No Hassle pricing on a huge selection of new and used cars at ? No negotiating needed exclusive partner dealerships near you. Less time at the dealership, a quick buying Huge inventory of new process, and a great low price all add up to our :+nd used vehicles (ZNOHassle No Hassle promise when you buy your next car. FINANCE Previous Balance Payments & Credits CHARGE Transactions Nov Balance Minimum Payment Due Date $1,498 17 - $125 00 + $21.72 + $81.38 = $1,47@.27 $44 00 Mar. 01, 2008 Jan. 03, 2008 - Feb. Ot, 2008 Page 1 of 1 Pl A RA. At LEAn nes xMpd1 MasterCard Platinum Account Payments Credits SAdjustments St TB-0T2J417•ts57 , I 03 JAN CAPITAL ONE ONLINE ACH PA AuthDate 03J AN $6000. Your Accwnt Information 2 24 JAN CAPITAL ONE ONLINE ACH PA AuthDala 23J AN $65 (10. TOTAL CREDIT LINE $1,500 DO Trenwctlons TOTAL AVAILABLE CREDIT $2373 CREDIT LINE FOR CASH $1,00000 3 O6 JAN LOWES 101710' CARLISLE PA $4768 ,4VAllABLE CREDR FOR CASH $23 73 4 29 JAN UNITRIN DIRECT INS CO 800-UNITRIN CA, $3370 Finance Charges (News see reverse for important Information) Balms rate PwWic Cw tpwdin0 FINANCE applied to rate APR CHARGE Purchases $1,476.58 0.04904%P 1790% $2172 Cash $090 005203%P 18.99% $0.00 ANNUAL PERCENTAGE RATE applied ihM pesbd: 17.00% tMOlk At Your Service 1-600.903-3637 ?o call Cuchex Rdetlaa a b rayon a bet a ekten cstl 0 Semi . -is I., CaPAaI One Bank A P 0 Box 70884 A Cbslonk NC 28274-0684 Send Irpuirlas to: C.PW OrnA P O Box 38285 A Sell LAW CBI, LIT 8413MMS ® Haw a quw8on about a charge on your AtahmentT Please refer to ft 9png Rlghe Surrenary on the back of your statement w YisN PLEASE RETURN POR710N BELOW WITH PAYMENT OR LOG ON TO W W W CAPrrALONE.COM TO MAKE YOUR PAYMENT ONLINE. 0 5178057234372857 01 1476270065000044002 Capita/(' I wn.rtmYOr<w.hhsLr AccountNumber: 5178-0572-3437-2857 New Balance Minimum Payment Due Date $1,47@.27 $44.00 Mar. 01, 2008 PLEASE PAY AT LEAST THIS AMOUNT Amount Enclosed Ca01ta1 One Bank •4061• P.O. Box 708,V Cherlatte, NC 26272-0684 7 5146 6 5282720884847 Pease print addreu W phone number lunges below uwg blue or black ink. 7foa,e PAYxu Ali,- phone #90033076160742970 MAIL ID NUMBER KENNETN Y SMITH SS FAIRFIELI ST CARLISLE, PA 17013-3119 '170133119534• Please Witte your account number on your check or money order made payable to Capital One Bank and mail with this coupon in the enclosed envelope. FINANCE Previous Balance Payments ?i Credits CHARGE 51,498.17 -? $125.00 + ( 521.72 Jan. 03, 2008 - Feb. 01, 2008 Page 1 of 1 MasterCard Platinum Account 5179-05723437.2057 I Your Account Information TOTAL CREDIT LINE $1,500.00 TOTAL AVAILABLE CREDIT $23.73 CREDIT LINE FOR CASH $1,000.00 i AVAILABLE CREDIT FOR CASH $23.73 Finance Charges (PI-dse sue reverse fui nnpoull Infamalun) Balance rate Parodic Carespondlrg FINANCE applied to race APR CHARGE iPurchases $1,475,56 004804%P 1790% S2172 Ca>h S0,00 0,052M P 18991. 9101 ANNUAL PERCENTAGE RATE applied this period: 17.90% > i AtYour$ervke 1300.9013637 (? 1JI:at Qll'IIJIII?nCdILYPU'fJrtl?.fMle?h{lM'S?ULi1 Wli 0 Send Payments lo: Carta! Ore Bark • P) P= 70884 • Charblta, NC 25272,94 send Inqu irles to: CaPh i Ores P 0 Box 00205 • set Labe City UT 0717}0205 Have a question about a charge on your statement? Please refer to the Bding Rghls Surnmary an the back of your salen enl Or vsd www.ppdabnecorn/dsoules Transactions New Balance X81. 3 51,476.21 Minimum Payment _Due Date ? -lam 00 ?Aa . ='j'. 2008 Payments, Credits & Adjustments 1 03 JAM CAPITAL ONE ONLINE ACH PA AuthDate D3-J *1 ---- 56001 2 24 JAN CAPITAL ONE ONLINE ACH PA AuthDate 23-JMI S6500- Transactions 3 05 AN LO'NES 1101710' CARLISLE PA 4 29 JAN UNITRIN DIRECT FIS CO BCOIJNITRIII Gk PLEASE RETURN PORTION BELOVII WITH PAYMENT OR LOG ON TO WWW.CAPLTALONE.COM TO MAKE YOUR PAYMEtrrONUNE 7514665 0 5178057234372857 01 1476270065000044002 Capita11077e Account Number: 5178-0572-3437.2857 New Balance Minimum Payment Due Date Please pint address or phone number changes below us,ng blue or black mk ( $1,476.27 1 ( $44.00 ){ Mar. 01, 2008 Addirss -- - --- PLEASE -- PAY AT LEAST Tome Phwre ; Vremate f Yunr THIS AMOUNT - -- -------- E-mail address (7g Amount Enclosed ? ) - -- -__-- -_- #9003307616074297# MAIL ID NUMBER KENNETH W SMITH 55 FAIRFIELD ST Capttal One Bank ?r?rr???rln??lrruL??) CARLISLE, PA 17013-3111 P.0• Box 70884 Charlotte, NC 28272-0884 ?nr???nL,??rtunu??N??uu??rnr??rn???r?ur?r?n?r?u?rt?) ?n?r??n?ur?r??nu?N?ru?rrr?n?r?n?n?trnn?,r?rrurn?? Please write your account number on your check or money order made payable to Capital One Bank and mail with this coupon in the enclosed envelope. 53370 FINANCE Previous Balance Payments & Credits CHARGE S 1,A?76?7 575.00 $20.86 Feb. 02, 2008 - Mar. 01, 2008 Page 1 of 'I Wl-*-l'a d Plat Ac nt r rnum cou sl7aosna4?7•ass7 Payments, Credits & Adjustments - ----- - I 1 22 FEB CAPITAL GIVE ONLINE ACH P1 AuthDale 21-F EB 3'5 DC- Your Account Information Transactions TOTALCREDITLINE TOTAL AVAILABLE CREDIT $1500.00 $39.29 2 28 FEB lA•JITRPJ DIRECT 11, IS CO 800-UNITRIN CA S38.58 CREDIT LINE FOR CASH $1,000.00 AVAILABLE CREDIT FOR CASH $3920 WheCie you're in the market fa a hone equity ban or yoJYe Inlei eslad In rafvw c y, Capllal One will find a r Finance Charges (Peaw see levelse bl mipaaitin(aMillion) \ Balance rate Periodic Corresponding FINANCE applied to rate APR CHARGE Purchases $1,46712 004904P 1793 S2086 Cash 50.00 005203%P 1899'5 5000 ANNUAL PERCENTAGE RATE applied tiNs period: 17.90% At Your Service 100.9033037 To del CuAul. Rablua u-b iapa r e katrx siukar cxxd 0 Send payments to: Capital One Br(USA)NA - P O B. 70884 • Chwbtte, NC 28272-09,44 ® Send Inquiries to: 4,01 Ore- P 0 Bois 30205 • Sat Late City, UT t}417a0D85 G Have a question about a chuge on your statemwrl? "lease refer to the Billing Rights Summary on the track of your statemenl w vlsil wwwcapdaloneopm/dsoules Transactions New Balance Minimum Payment Due Date 538.58 = 5"{,460.71 : =o.CO Hr. J; have loan solution to fit your needs We otter great rates, no hlddan tees, and you A receive this one-on-one attention of Cie same personal ban consultant from cap fo cLae VISA Aww capdelerehanelmns cars for more infomtallai PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WW V.CAPITALONE.COM TO MAKE YOUR PAYMENT ONI LINE 7514665 Capital!One- h- was-t-. New Balance Minimum Payment Due Date $1,460.71 543.00 (Apr. 01, 2008 J PLEASE PAYAT LEAST THISAMOUNT Amount Endosed ) Capital One Bk(WSA),NA IIII rII 11111 i1 /1r11111 P.O. Box 70664 Charlotte, NC 26272-0664 I1117111111111111111II11111I111111111111111111111111II11111111 0 5178057234372857 01 1460710075000043004 Account Number. 5178-0572-3437-2857 Pkase print address or phone number dienges below using blue or biad. ink dome Phone Alretnf re Fhone E-madaddresr --(?--- #9006207616074296# MAIL ID NUMBER KENNETH W SMITH SS FAIRFIELD ST CARLISLE, PA 17013-3119 IIiI III IIIIIII IIIIIIIIIIIIIIIII III II VIII II1111111111111111 Please write your account number on your died( or money order made payable to Capital One 8k(U%,NA and mail with this coupon in the enclosed envelope. FINANCE Previous Balance Payments & Credits CHARGE Transactions Nov Balance Minimum Payment Dee Date 51,460.71 - 5100.00 r $20.14 SI-1g.46 51,499.31 544.1)0 r. 1d i. 01 2)C6' Mar. 02, 2008 - Apr. (31, 2008 Page 1 of 1 MasterCard Platinum Account Payments Credits & Adjustments 5178-05723437.2857 , 1 31 MAR CAPITAL ONE OILII- E ACH PA AuthDate 31-MAR 310000- Your Account Information Transactions TOTAL CREDIT LINE $1,500.00 2 15 MAR SPORTSMMdS GUIDE 8OD888-5222 VVI 53496 TOTAL AVAILABLE CRIED) $0.69 i CREDIT LINE FOR CASH $1,000.00 3 28 Wy1R UNITRIN DIRECT INS C0 80011; IITRII`) CA 544.50 AVAILABLE CREDIT FOR CASH $0.69 4 01 APR OVEP.LIMIT PEE MAR 28 aJLl9 53900 Whetter you're in this market for a hone ey ity Part or you ie interested n refs arty, Calvial au wr0 firxl a trance Charges (Please see fwwe a on xtrouiLuit inkarnatto)) ) hone loan solution to fit your needs We fifer great rates, no hd:6n fees, and you will receive the a?orroe Balance rate Periodic Corresponding FINANCE attention of ltre same pcwnal ban con-iltant from call to cb3e Vrd www.,molorahomebans oom for more applied to :ale APR CHARGE information Purchases 51,49139 00435&/.P 1590"0 52014 Cash SA CO 0.0655%P 1599; :1300 ANNUAL PERCENTAGE RATE applied this period: 15.90% At Your Service 1800.9033637 Tu AQ)-t- Retdua. 1.114latatur siubtcad 0 Send payments W; Capdal One &<(USh),NA - P O Sw MM - Chabaa, HC 262724M Send Inquiries to: Cepital one f' U B,. 30285 - Set Lake City, ur 841:10285 Oft Have a question about a charge on your staten uil? Please refer to the Billing Rl M Summary on the back of your statement or visit www caplabne mm/dsputes PLEASE RETURN PORTKNJ BELOW WrM PAYMENT OR LOG ONTO VW W CANTALONE.COM TO MAKE YOUR PAYMENT ONUNE Gapitalptle- „hAt w,>«r New Balance Minimum Payment Due Date $1,499.31 544.00 May. 01, 2008 0 5178057234372857 01 1499310100000044006 "LEASE PAY AT LEAST THIS AMOUNT Amount Enclosed I Capital One 9k(USA),NA IIII111111111111111i11 P•0• Box 70684 i Charlotte, NC 28272-0884 7514665 1111)111111111)IIn11n11111n11u1tin1ulnllnlr,I»I1u111 Account Number- 5178-0572-3437-2857 Please print address or phone number changes below using blua a' black ink Address Nome Phone Akcvnate Phone ---------- E-mail address #9009307616074291# MAIL ID NUMBER KENNETH W SMITH 55 FAIRFIELD ST CARLISLE, PA 17013-3119 Ili lllrrrlllr1111111)1ll[till ))r1111)tii111111111rr11111111 Please write your account number on your chedt or money order made payable to Capital One 80SA),144and mail with this coupon in the enclosed envelope. FINANCE Previous Saiance Payments & Credits CHARGE Transactions Now 3al3nce Minimum Payment Due Cate 51, ty9. 1 - 565.00 ?? t 319.57 11? 514.48 51.498.36 S44.pIJ -- J r . )2 2008 Apr. 02, 2008 - blay. 01, 2008 Page 1 of 1 MasterCard Platinum Account 51784572.3437.2857 Your Account Information TOTAL REVOLVING CREDIT LINE $1,500.00 TOTAL AVAILABLE REVOLVING CREDIT $164 1 CREDIT LINE FOR CASH $1,00000 AVAILABLE CREDIT FOR CASH $1 04? Finance Charges (Please see reverse for important information) Balance rate Periodic Corresponding FINANCE ;Fplnito rate APR CHARGE Purchase, $1,497.39 004358',4 P 1590% S1957 Cash 50 00 004W.4 P 10 99°5 S000 !, ANNUAL PERCENTAGE RATE applied this period: 15.90% At YourServlce 1800.9033637 Tu,;al LLs4nicr- Relrlua tx- W,epxt a Inn rr fib, uad 1??? 0 Send paymerds lo: Capital One Bk(USA).NA , P 0 Bx 70884 • Cha6tte. NC28272-0M Send Inquirles to: ap tal D- P D Elcx 30235 - Sat L&e (ky, UT 84130-0756 Have a question about a charge on your statement? Flame refer to it* Billing Rots Summary on the hack of your statement or visit www.capihbne.cun7rtcules ,C '?[ W' ,:r L-Si not Payments, Credits & Adjustments 1 24 APR CAPITAL ONE ONLINE ACH PA AuthDate 24-A PR %503- Transactions 2 2B APR (1r11TP,INDIRECT INSCO 80DUI1ITRIN CA 54448 Whetter yoke in the nxarkel for a home equity loan or you're interested n rereFancig, Capital One will find a hoots ban solution to fit your needs We offer great rates, m hldJan fees, and you will moew the onaorrorte attention of the same personal ban consultant from call to close Unit www caoibl riehomebens can for more information PLEASE RETURN PORTION BELOW W ITH PAYMENT OR LOG ONTO WW W.CAPnALONE.COM TO MAKE YOUR PAYMEfJr ONUNE 7514665 0 5178057234372857 01 1498360065000044005 fapital0flL' Account Number. 5178-0572-3437-2857 New Balance Minimum Payment Due Date Please printaddressarphonenumber changes bebwUsing bkleorbladcink $1,498.36 844.00 Jun. 02, 2008 1 Address ---- ------- PLEASE PAY AT LEAST 7Axipe Mwrre A7temareifione THIS AMOUNT -- __ _ E-mailaddvs O Amount Enclosed N90123076160742964 MAIL ID NUMBER KENNETH W SMITH 55 FAIRFIELD ST Capital One Bk(U3A),14A {I{rt{rn{{r?l?n?r r{{ CARLISLE, PA 17013-3114 P.O. Box 70884 Charlotte, NC 28272-0864 {nr{{{ni{??nnn{{a{?+n??un?{nr?{?r?nr?r{n?r?u?n?{ ?n{r??n?nr{i?{nr{n?r{{{ur{n?r{n{u?rr??u?n?rr?{nr{{ Please write your account number on your check or money order made payable to Capital One WUSA),NA and mail with this coupon iii the enclosed envelope. s FINANCE Previous 3alance Payments & Credits _ CHARGE - Transactions New Balance Minimum Payment Due Date 130.00 61 3d. o ;21.16 _'008 $122. 8 - S1,S42.00 X93 v0 Jul- 01, blav. 02, 2008 - Jun. 02, 2008 Page 1 of i -- 'LESE P,? A!r,il>,?JjUNI j MasterCard Platinum Account you're behind oy one payment Remernber that paying the minimum paymentW the due dale keeps yax 517&05723437-2857 axxxll cxrenl So make see yu 1 send in t1Y mnmarn payment to keep your aMoud current Your Account Information Payments, Credits & Adjustments TOTAL REVOLVING GREDI I LINE $1,500.00 ---- TOTALAVAILABLE Transactions REVOLVING CREDIT $000 1 28 MAY USTRPJ DIRECT INS W BOD-UNITRIN CA 544 48 CREDIT LINE FOR CASH 81 p 02 JJPI PAST DUE FEE 00 AVAILABLE CREDIT FOR CASH $000 / _ $3900 3 02 J34 OVERUMIT FEE JUI 02, 2008 (l` mane Charges (Please see revere for unpatanl Information) Balance rate Periodic Conespondrrg FINANCE applied to rate APR CHARGE x Purchases $1518 08 0 04358% P 15 9CPb S2116 Cash $0 00 0 04655% P IOW. 9000 ANNUAL PERCENTAGE RATE applied this period: 15.90°/ Q At Your Service 1-9004033637 TsuiCusiarea Ra44uou brapnlalatu sluknwd 0 Send payments to: Capital One Bk(t1SA),NA • P D em 7,M • Chabna. Nc 2BW-DB84 ® Semi Inquktes to: aTMA ore-P0 tbx 30M- Sat L" Qty, Ur 8413)Q96 Have a question about a charge on your statement? Phase refer to the B4hng Rights Summary on the back of your Aatement o visit www.caoitalane oom/disputes You occount has gore over its aecit limit To avoid additional overlmll fees, please Pay e.-ao to brag you balalce below your credit Imd mmedately, and make we you remain bekw you- credit limit Please be sue to account for any future purchases, fees, and finance charges You were assessed a fast die fee because your mnunun payment was rot ; ecenved by the due date To avoid this fee in the fuhue, we recommend that you allow at least 7 business days for your minimum payment to reach Capital One PLEASE RETURN PORTION BELOW WTNI PAYMENT OR LOG ON TO WNVi CAPITALONE COM TO PAAKE YOUR PAYMENTONUNE 7514665 0 5178057234372857 01 1642000065000093002 Cap6talolje „:,;r •;<,r„ uw.. Account Number: 5178-0572-3437-2857 New Balance Minimum Payment Due Date Please printaddressorplwnenumberchanges below using blue orblack. ink $1,642.00 $93.00 '1[ Jul. 01, 2008 addren - -- ---- - \i'LEASEPAYATLFAiT ---- hlomrfrivix A/tanatePhonr -------------_-- THIS AMOUNT f--mad/address (? _-- -- -- Amount Enclosed ? _, ? -- - -_- -? -_- M9015507616074298tt MAIL ID NUMBER KENNETH W SMITH 55 FAIRFIELD ST Capital One Bk(USA),NA CARLISLE, PA 17013-3111 C 701184 harlotte,NC26272-11664 Please ,sprite your account number on your check or money order made payable to Capital Orle Bk(USA),NA and mail with this coupon in the enclosed envelope. s• FINANCE Previous Balance Payments ayments & Credits CHARGE Transactions New Balance Minimum Pa, r -lit Cue Date 51,3-1, 2.00 -I SOAO 520.58 3117_C'0 $1 .?79.3 47. "908 Jun. 03, 2006 - Jul. 01, 2008 Page 1 of 1 i MasterCard Platinum Account Y W-e china by faro paymerrts Let'> talc If yore having firencol ditficultea and mn t maFe y ar 5176-05723437-2857 ninirnurA _ann?iit - we wad to hip. Lens w,:4 b3eller to find a 3olu8m Your Amount Information "Imoorlant NOtva. - Your azxount was past due Undei me terms we previo s-iy dschsad to you. rf ywr TOTAL REVOLVING CREDIT LINE $1,500.00 account is past due again nr the next 12 tdfirg ryes, your Ainual Perowitage Pales (A'Rs) [Tray TOTAL AVAILABLE rncreax REVOLVING CREDIT $000 CREDIT LINE FOR CASH $1,00000 AVAILABLE CREDIT FOR CASH $000 "a ffwnts . Credits 8 Adjustments_ - Transactions - (Finance Charges (Please see revere for mvortanl information) 1-011k PAST DUE FEE S3900 Balance rate Penodc Corresponding FINANCE 2 01 JJL CAPITAL ONE MENSEP, FEE 53900 a:phed to -ate APP. CHARGE 3 01 JUL OVERUMIT =EE JUL 01: 2008 539010 P: ncKases S 1554 57 0 04288% P 15 55!0 S2058 Cash SO CO 00458`9. P 167x. 93.01, Your grunt has ::ore over As credit limit. To avod a:tilgnai werkrni mss, phase e n to t?Y >? biting your balance bebx your credA knit mmedrately, and make sure yw remain below you- credit hint l ANNUAL PERCENTAGE RATE applied this period: 15.65 k Prase be sire to ax,uM for any future puohases, fees, and finarce c urges You were assessed a past d:? fee berme your mrcwmm payment was, ot re_? ei by the die date To (y? A[ Your Service 1880.9033637 this Fes, in the fuGae, we recommend that you albw at leant, busne33 days to' your minimum avoid ro :d a>rrer tz;uua rr t? „ter a tnt ur s?ot? ?d paymenl to raach Capital One '?' / 0 Send payments ho: Capital One W46A),NA • P 0 5xc 70884 • Lha btle, NC Mr-OW 9 Send Inquiries to: C,?pILd O' P D Box 302 - SA L4. Qty, Lit 8413DJM ® Have a question about a charge on your stAlemeW. Phase refer tote Billrg Rights Summary on the beck 1 your Aaternent or visit www caoAabne.com/dsoules PLEASE RETURN PORTION BELOW WIrH PAYMENT OR LOG ONTO %1 %',V CAPITALOPIE.COM TO MAKE YOUR PAYMEtn ONLINE 0 5178057234372857 01 1779580065000146005 Account Number 5178-0572-3437-2857 New Balance Minimum Payment Due Date Please prink. address or phone number changes below using blue or black ink $1,779.58 $146.00 Aug. 01,2008 Addv? PL FASE PAY AT LEAST THISAMOUNF c'-mailaddress Amount Endosed -- #9018407616074298# MAIL ID NUMBER KENNETH Y SMITH 55 FAIRFIELD ST Capital One Bk(USA).NA jr ?rr?rrlr ?rtn?'r'nrl' CARLISLE, PA 17033-3111 P.O. Box 70684 Charlotte, NC 23272-0884 jmjjjmjjjnnnjIujjur1junjjrnj11r1nr141 11151n1 11 11 7514665 itrirnrrjrujrnn,irririnrrrirri,ir,?rrirr?i,rirrir,nrrr?i Please write your account number on your check or money order made payable to Capital One BkWSA),NA and mail with this coupon in the enclosed envelope. a FINANCE Previous Balance Payments & Credits CiWGE Transactions New Balance Mirirrtum Payment Due Date 51,, r °. i3 $156.00 + ! $38.27 5267.00 - $1 J34.? 20-' ;X, ?eo ) 21,008 Jul. 02, 2008 - Aug. 01, 2008 Page 1 of 1 PAI 'l Mastercard Platinum Account You`e behind by three payments But ?ou can bring you- ao vuntcarrent Gr payng; the mindrum 517845723437-2857 payment amount on your statement. If you're having. finarr.:al dffkvltes and yod y0ri ra f-:.4ry w"whelrtsd - Your Account Information we want to frip Give ore_ cf cm, as;-r_iat?s a call at 1800 955 »00 Yid to surprsed whal we an do together b'aor thus out. TOTAL CREDIT LINE $1,500 00 TOTAL AVAILABLE CREDIT $0.00 Payments, Credits & Adjustm rats CREDIT LINE FOR CASH $1,0D0.00 1 12JUL CAPITAL COE(XILINEACHPA AuthDate07JU_ 315000- AVAILABLE CREDIT FOR CASH $000 Finance Charges (Please see revere for important information) Balance rate Parodic Corresponding FINANCE appb?d to -ate APR CHARGE Purhases 51®D959 005872°/. D 2490% 539.27 Cash SO CO 000822•/. D 2490% 5003 ANNUAL PERCENTAGE RATE applied this period: 24.90% At Your Service - Go to vv r capbbrraxxm to marepa W amut, or Car 1500903 37 to report a tai a doBn cad m spede m CLstomer Re9tms Pay Online at rm+'v.caatabne.cofn or maiyar paired t: Capital Une Bak (USA), NA • P O S? T0884 • Qrat%lo, NC 23772-OW ® Send inquiries to: Caudal Qv- P D Box 30285 - Sat L" Qty, UT 84130-0265 Transactions 2 14 JUL Returned Online ACH Payne nt S15DLO 3 17 JJL RETURITCHECK FEE 53003 4 01 AUG PAST DUE FEE S3?W 5 01 AUG OVERLIMIT =EE AUG D1, 2/B 33900 Under terms previously disdobnd to yogi, some a all of your Annual Pe!centrge Rates (A? ham) have been nc-eased since your account was pas[ die twice in Ile past 12 bill g cycles ff your rates have already xtc:-eased; subsequent deGnq w. pr ies exterrled the duatnn of +Je ncraase:l rates iememter If we receive your minimum monthly payment an time U 12 corsecu+.rve thing cyrlas, this ax, :ual will be reviewed for a possble return to your Not-Inlrod.cbry APR You account has gone over its tract limit. To avoid additional overlimrt fps. please pay eiomh to bug your balance below your credit land mmecLatefy, and make sue you reman below you, a eit limit Ft_ase be sure to account for arty fibre purchases, fees, and finarrce charges You were assessed a past de fee because yor mnunum payment was not received by the due date To avod this fee in the future, we recommend that you allow at Last 7 business drys for your mrnxmm payment to reach Capid One is Have a question about a charge on your statement? Please refer to the Billing Rrgtds Summary on the back d ycxr statement or vsd www carAabrteoom/dsoutes PLEASE RETURN PORTION BELOW WRH PAYMENT OR LOG ONTO MIiW.CAPRALONE.COM TO MAKE YOUR PAYMENTONLINE 0 5178057234372857 01 1934850150000204009 Account Number 5178-0572-3437-2857 New Balance Minimum Payment Due Date Please print address or phone number changes below using blue or black. ink $1,934.85 l $204.00 ( Sep. 01, 2008 Address _- -- --- --. / . PLEASE PAY AT LEAST --- - Home Pho Alrcvnate Pho e ---- -.._---__-_- THIS AMOUNT F-moi/address ---------- ---- Amount Enclosed I ) #9021507616074290# MAIL la NUMBER KENNETH W SMITH 55 FAIRFIELD ST Capital One Bank (USA), N.A. CARLISLE, PA 17013-3119 P.O.. Box 70864 1111• ! 1 i 1 11 i Charlotte, NC 28272-0864 It' IIII' 'fill 1111111.1. 11 • 11 -fill 11'11"11'Ilti 1"11' 7514665 Iglpuul•h'11111.19PIIIhhlhnhli111•Ihl•utl!•Illh•11 Please write your account number on your payment friade payableto Capital One Bank(UW, NA. and mail with this cAupon in the enclosed ernrelope. FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance minimum Paynneint Due Date 51,J3a 5 C.00 341.3? +i 339.00 S .J15. r' _'7 r30 01. 1-008 Aug. 02, 2008 - Sep. 01, 2008 Page 1 of 1 MasterCard Platinum Account 5178-05723437-7857 Your Account Information TOTAL CREDIT LINE $1,500 00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $1,000.00 AVAILABLE CREDIT FOR GASH $000 Flname Charges (Please see r verse for important informahori) Babnce rate Periodic Corresponding FINANCE applied to -ate APR CHARGE Purctnses S1,95603 005822.D 2490'. 54137 Cash SO 00 0 07872°7. D 24 90°70 50 CID ANNUAL PERCENTAGE RATE applied this period: 24.90; 61 At Your Service - Go b nww.caoilot atmb maWe y---urd, aCd1.900.9033137breRxiatd«sinEn redaspe?eb U+imrer R_W3 Pay Online at wow.rar,4abrremm«mrc.lyarpayme•M b (;a" One Bait (USA), rl..l • P O am 709&1.Owdk, NC 23272-0434 Send Inquiries 60: Captal0-w P,) Box 30295 - Sat Lake City, to 34130. 1 Have a question about a charge on your statlement? ?.? G P6,ase refer to 11e Billing Rtghils Summary Drt the tack Q(Wur statement or vsit www moldbrte comldsoutes Prsse =ar air ?rsr mar ca_unr Ycti'e tr tnlld by far payrn°nts. tYat you earl sWl br!ng your axiom! curre-?t trj paYiry i e rnaumum payrienl amount on you statement. teed tr b?',xde r a gall at 1 a? 955 r.,J) 'Ne11 wa; tatr_* to hrd a soluhat Payments Credits & Adjustrrtents Transactions 1 01 SEP PAST DUE FEE S3900 Under terms pievoisly disclosed to vau.. sane Dr all of your Animal Pe c-e iiage Rates (APRs) have be_n mc-easad since your account was past d -- twice in t-i-- past 12 bihtg cycles If your rates have already nosed, subseque?it deft gjenms ederdad the clraWn of tie ncrease i rates Remembef If we receive your mvvmum monthly payment on time hr 12 corsecutwe bring cycles, this account will be reviewed for a possble re4um to yaw Non- lntrodrIory APR Your account has gore over its credit limit. To avoid additional overkntrt fees.. please pay enob:3 to b LID your balance below your credit limit Nnmeclately, and make sure you remain below you- credit limit Flease be see to account for any Liture purchases, fees, and finance charges You were assessed a pest dx fee bemuse your minimum payment was not recarved by the du:. cb!e To avoid this fee in the future, we recommend that you altar at least 7 business days for your menimu.n payment to reach Capital One PLEASE RETURN PORTION BELOW Wmi PAYMENT OR LOG ON TO WVWU.CAPITALONE COM TO MAKE YOUR PAYMENT ONLINE 7514665 0 5178057234372857 01 2015220150000264002 C-Pitalone Account Number 5178-0572-3437-2857 New Balance Minimum Payment Due Date Please print address w phone number dtangm below using blue or Wad: ink $2,015.22 F S264.00 OCL 01, 2008 \I Addzess ^LFR5E PAY AT 05 Home rhate Altemate r'hune _-- THIS AMOUNT £-mai/addrss c3 Amount Enclosed 990246076160742959 MAIL ID NUMBER KENNETH W SMITH 55 FAIRFIELD ST Capital One Bank (USA), N-A- CARLISLE, PA 17013-3119 P.O. Box 76884 1 i II 1 1 1 1 I i i 111. 1 1 1 1 lllil'1' II IIII'I'I•IIIII ' II"1 II 11 I ell 1'I I 'III Charlotte, NC 2&272-0884 Illdnnu.q•III11'1'll'P141111n11n1°I•d•1'nPl'u9r9 Please write your account number on your payment made payable to Capital One Bank (USA), NA. and mail with this coupon in the enclosed envelope. 500251 - important notification 41080 of a change in terms to your account Please see the important notice included vvith this statement. It details changes to the: • Minimum monthly payment calculation This change will take of=pct starting with your December billing peried- You canno decline this change. FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date $2,01522 -?? $0.00 + ( $41.68 $39.00 $2,095.90 $325.00 l Nov. 01, 2008 1 Sep. 02, 2008 - Oct. 01, 2008 Page 1 of 1 ?irffSE?AY P.TL?ISr THE«:1011>T( ' MasterCard Platinum Account } YouYe behind by five frdyments. We've permanently ra?mkedyour GYdrginaaiv 3 _ Ify'ea ::a?11im? to 51M-W2,WV-2857 I miss payments your amommt is at risk. o- ogi charged ,ff. I'la e- dart let his, 1ao^ V n. If youhe feeling' Your Account Information ? erwhel[TI-'J, -ail us at 1:SU 55.69J0. WA work with you to;esolve the r.:atFr. TOTAL CREDIT LINE $1,.riW.OU paymentssCredlts __ ___ _ ___ TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $1,000.00 Transactions AVAILABLE CREDIT FOR CASH $0.00 1 - ST --- - - - - 1 01 OCT PAST DJE FEE 53440 Jrder terms prevbusly d closed to you, some or of of your Annual PercenUgr'Rates (A-Rs) have been Finance Charges (Please s revwse fo impo ant information) nseased since your account was pest due twice in the past 12 rbQng Cycle'- BYOB rates have already increased, subsequent delincluencies ezterci=d t-te duration of the rncressed motes. Rememxr' If w= dance rate Pe'iodc- Corresponding FINANCE •ecerve you[ minimum monthly payment on time for 12 consecutive billing cycles, Lnle account will be *Iallad to tale APR CHARGE -wiewed for a possible return to your fb Antroductay APR. -'schrases S2,036.57 0.06D 24.4?'/. 541.68 06822% D 24 gash SD 00 0 40% `S0 0D Your account has gone over its credit limit To avoid arthticxal overfimit fe,--, please cay enexJh to bring . - . . I your balance tebw Your:.-relit limit rnmeda ': and crake sure you remain 1b,-4o% Your ^edt lima. ANNUAL PERCENTAGE RATE applied this d- Z4-W. PeAO - ?Inse be sure to account for any (inure purchases, few, and finance charges At Your Service - Go b ~.catitri6re.unn b inarage y- a.-azrd 0 44 You were assessed a past due Ise because your mnmum payment was riot reca ed by the due date. 10 - %. ? CA - 1-8044033637b r°pud abstxsbpn wdxsp u4bQabre' avoid this fee in the fiuture, we rerpmnlerd that you allow at least 7 business days fa your minimin nau Reieus prylw_nl to Ietlt}I Capital Dne- ® Pay online at rv , vlebne=n x-1 W peymtyl to •Cxpta Ore Sank (I JSA), N.A. • P.0_ Bxc 710,33 • Dwbtte. NC 2372-1093 Send Mquiries to: Gertal Orr t'.0. tbx 30285 `;y Lake UtY. UI 4130,05 ® Have a question about a charge on your staterne ? Please refer to the Billing Rights Summary on the back of your stal ment or visit www?tab?e.coutichwules PLEASE RETURN PORTION BELOW WITH PAYNIEW OR LOG ON TO NNVW.CAPITALOFIE.COM TO MAKE YOUR PAYMENT OFIUNE. 1 5178057234372857 01 2095900150000326008 Capitale Account Number. 5178-0572-3437-2857 Lend a hand Save the land Due Date New Balance Minimum Payment Amount Enclosed . . Manage your account online today- Nov. 01, 2008 1 $2,095.90 I 5326.00 it's fast, eery and secure. Pay crline anytime-ro niece checks, sta-p< oc duster PLEASE PAY AT LEAST THIS AMOUNT Mcvin9. Change your address cM,no or on tic hack- O ? Q Help save the planet--Go paperless- tf90276076160742921f G San uP at wrnN.capiialnnc.cem. KENNETH W SIXTH 55 FAIRFIELD ST Capital One Bank (USA), N.A. 7514665 CARLISLE, PA 17013-3114 P. 0. Box 71083 11.U'!l?lNll?Ml?t?'1111t"l?.Jf'tttllllllll..tl.l.l.lllllll Charlotte, NC 26272-1063 I 11...»I 1 .. 1. 1 11..1.1.. i .1.. 1 . I . ll' I 1 ll ll 1 (ill III III 1 II 1 11'1111 Please make checks payable to Capital One Bank (USA), NA. and mail with this coupon in the enclosed envelope. Capita I;,t JI 1. Flow to Avoid a Fmrrw Charge. a.Grace, Period. You vA have a mininn rn gran period of 25 days winnrt fiance chat's on new purchases, new baarrz tanners, flew special pum tras9ea ad raw drier charges d you pay your total 'New BabnoY% n accordancewah the irrtporta i Notice for payrrients tebw, and in aaa fort to U. cha(Aed by Your Paymari Sue date There is ro grace Period on cash advarlcce and special transfers. In audition, Iha, is no grace Fm WC on arty transaction a you do not pay the total '74-n Smanca." b. hmri t; I- Charge. Transactions 1 h h are not subject to a gate perod are assasaed fiance chagz 1) I- kite dale of the transaction a 2) TV it* date Ice harsadbn m Processed to Your A-A Of 3) nom UW tits: calendar day a to --il being perod. Additionally, a You did riot pay ihe'Tlew Balance' fromtne gevtas cuing period in full, francs charges Conb'ba to accrue to your W 44W paanim UrM the unpaid beanie M pail n full. This news that you rrsy *fit owe finance chat -js, even (you pay the atom New Baarea indicated M the fiord of your stimnigd ly the payne+d due date. Sul dd not dos orrice pravnes north. Unpaid Scarce,-arges a a added to the app CWa segment of yoerA=urt c. Min- Ft.- Charge. Fa each bitkg period sal your accord u -*d b ar brace charst,, a rrahmrn total FIRMCE CHARGE of T13.50 wig In imposed. d. temporary Reduction n Finance Charges. We reserve the right o npt arses airy o as finance charges i -pry given biting period. 2. Average Daily Ba6nez (includag New Purcteses). Fire" Marge, 6 Ml`daod by nobpyag the arty oamice of each 5W-n snt (Y- ascot (e.g.. casT advarhce, purchase, special trauma, and special purchase) by the wrrespodrg day peiodc raters)- this has b- I p2vi mly l'scosed to you. At I . end of each day Juig the tinging Period, we apply the day Parodic ran for ea--h segm-t u( you aut,-d I. the day baiasx of each segrrent Than at the and of the billing peroa we add up the results a ther4 day cakesaiors W arrive A you Periodic rkance chargafor each seginent. We add up the msuor tan each --herd to ant, aI a. tow P.ildic rnan_e Marge for You --in. To get ate ANY talance hr each nWhant of put accord. ere take the tegroag t.akatrg for each segnherd and add any a Vansacliats ad any pefl07ic taarae carge calaueaed of ne P_iu. Lys Seance fa tut-W. A. We twin subbalt any Pair-Ls or cn_W6 posted n of that day LW are allocated W tau seghartt This gives us the separate daily balarcr for each segmsr%of you account Ho-w, If you paid the New Bali srcwn on your pm%ous salehrlerd in bog ;a t Your new trance Was Zero M. credit anaWd), raw transactions. whit) post to you purchase or speon Wchase segtnihb are root added to be dap) beances. We calculate Meaveraga day balance by adding all it* JaW Leisure togell- ad Widrg On sum by Itri nu'rber of the days ih the currer%dlGg rycle. roelcuateyorldal fnar_e charge, thus" your average data balance oy the day periodic nab and by Ire MnbW d days In the billing prod. Due o hounding on a dayboss -M. to nlntinarn raah_? dram assessrtent them, may la a Y ,I- behveerl this caktitation and the gourd of alarce ct a-ge achlsly Changing Address? Address .. Home Phone ..... .......... ._.__ Alternate Phone ............................................... ....._............. 7514665 E-mail Address ................................ ................. .................. 3. Annual Percentage Rates (APR). 3 The term "Annual Percentage Ra!' my appear as "APR" on the (rant of tis staterrehL b. t the anae P 14uarte y P-). L ;Quarterly LIBr,-t). C ,Qua" CD), or S (Bankcard Prune) appears on the fort of this statement nod to the periodic rate(s), On parodic rates and corresponding ANNUAL PERCG(TAGE RATES nay vary quarterly and rtay ,nomase or decrease based on the staged uxlices, w found in Tree Wall Street Journal, pas he Margin fMiptisty dYCbW o You. These changes rH be effect.. on U. first day of )our billing period covered W your periodic slalernert enSng in On nsrdhs of January, A^ July and O'Xaber. c. If the code D %tnthy Prime), F (fvbrdny LIBOR). a G ;Treasuy LIBOR) appears on the fart d your stalerrera red b the periodic refe(s), the periodic, rah, and oormspofdKlg ANNUAL PERCEN TAGS RAIES nay vary mordhy end may Increase or decrease cased on the stated idr_es, as feed in The Wag Street Journal, plus to martin phn ictmy disclosed to you Thase changes wile be effective on Ile rest day or yo r tiling period each ncnth. 4. Assesasartt of Late. Gverara and Returned Paymwt Fees Under the lenne efyeur csorreragearant, we menve V. right to waive a no to lessees any fees Wiho% Prix notificatm b you w0roulwaitig our right W assess the sarecrsmaar tees at a last trine . 5. Mtenaenhp Fee and Renewing Your Account- t a merrilaship fee appears or this slaereM w A]l credit the lee if you request to close your -1, within 30 days of the nailing of this slaten erk You may continue to use the account Drag the 30 dy period bsl-your request. If you ]o rid pay at charges owed on this aC_ourdwth in 90 days, o a You use your real tad a account mts-You request to Case, am armirbwsh"q fee pwiousy warred trey be raralaed to your account N. Cosng or Su ipeomg'/olr Account. You nay quest Ohs your account be closed by calling x wnttg pun Customer Relations Deparinrad. At the large of your request. we wile provite you wth additional Jelats on 'loan Your -it. Th. nay include paymand narration. if yea use you credit card oretarges post to your account tiler you ask us o close your account. we can k_eo your accord open a reopen iL We may close a suolmd you -it and yuu right b obtain credit. We may m meat arty ante and tpr any leasoft even d you tie not n default. A susperraw 7your accord can be pgrranrd a tenporay. If Yar_rg is cosed or suspended, you mast sop being your credit card 3rd account. You must am. cancel all preaulhcdzed biting anangerrsrts to the accou_ L We will tot do tins roe You O - close or per-rarla%y srspsruf yes a.-^ You must also des" at credit arts and account access epeeos. You must stiff pay at anouds you ore us at the aoaaud, even a they Were charged atar your-,it 6 closed a suapasal T. Maktg Payments. Pymints you at to us will be credited to your aocolyd tie of the bashes day hear reCeye t provided (1) You send n is Lotxn portion of this staerterd and your ct=K n One sncosed rerngancemwelope and (2) Ylrrpaynard s received in err Pmmsstg carder M 3pm Er r 12 oorl PT). Please prow at Nast fine (5) trsiess bays to postal d 11hrmy. Payrnmil. received by us at any other lo_ lion or n any star form may rho be Gadded as d the day war receive than Ou- bus- days are kips ay through 3aturay, excluding hol[ays. Please print address er phore numbe, changes aMve using blue or bzck int.. Notice Abort Eladronc Check Cmversion- When you P'-de a check m puiri e't )ou -thlprtze us either to Ise off ation fmmyourctadc b crake a ora4ire electonic fund trarMer, froth yourdeposl account o;- to process the pay.'rerd as a check Ir„rsactoT. When we Ise infor-rallon front your chec to .rake an eactenc fully transfer, funds -Y is with--franYour deposit account as sport sir to sane day We, receive your payrrenL ant you will not rsanveYour deck Dept With Your financial irstOLdM Your aldnr(Z=n M nit 5rrded by the date on the check. We may resulurrlt m-0 efectonicay cotect returned pay-ft. 9- Bantruptcy- If you ane entitled to bahKngdcy p:plecto'u for y,x account, alb corrrnu t-d1w. s ony for MTraboisl purposes. R a -t an ill rryt I. nllect, asses a m war a debt o- clalfn. Do nut scud any payrrer115 direlly to us Without speaking with your bankruptcy atonley or the Bartloupery C'.rrrt If you want to contact us axut Your accent a Your Lenrcupoy --ding. please rave yore arornY co,daut M. IEILUNG Ri: HTS SLATISA 3Y ,in Case of Errors or rDwebo s about Your Ba) If you mink ypur oils -g, or If you need rrdeirfomation on atralsactonabill, mil,brB airs dta 31lC1 HS 500(1b possible at the address fa inquiries sewn on the Fiord pr this staternera. We nest hea-rromyou no later- than BD days after He sent you the rest bill on etich the enor a pmnarn appeared. You can :al our CM- R^raliors mrnper a nday us by email or ,-be.. Set dying so v M not preserve your rights. In your later. grin us the fofipn g Information: your nation, and account nWMW. the doaaf attar t of the suspected ernar, a descrifdion d Vre renpr ant an a:?lanaiion, if pCSSiSIa, a eNry you behave there s an error, or d yea Toed ? idarreaol, a deSCdpW- Of rue kern You are IrITE fools You m not have to pay any anowd in quesnon ;yfae we are rresugge g g, put you are still obligated o fay the Pais of y- bill tat are not in qua h- White we imesitgate your qu stion, ws cann l report you as deliY.suad or lake aW rant m stied the arnout you q (ion. I- Special Rule for Credt Cana Prr3ases 9,you lave a problen with the quality x pvperly or seyixs that you purchased with a =a* ray and you have tried in goat 13th to correct the Irobem YAM to Merchant, you may lave the right' to pay the rent," around Zia on the property a servr:es. You rave ttu prolachai r ph* When Ore plrhnaa2 Tice was mop than $50.00 and ft purplasewas peK$ it ypu lixrre stab awilhin 10D rtaas a yea raiag edd'Eaa. (t we Deal) a operde tie h19-Cmrt, a if m Raded y0a the ad"nimrrient for the property or services, at prchmme ae covered re9mdmW Of around a location of purchese) p15- f°marntief to sign all correspondence t Odes not erM .b b;6/nsss a?^+sr.`s cap" One Supporb ilaprmasal Pira_y pndecti- see our VMbede at -t9patalpnegT Capra one is a federally regeL.ed service rra-k of capital Our. F-r cial Corpotaion. All d" served. G 2009 Capita One Not quite ready to make payments online? No problem. Follow these simple steps to make sure is we process your payments smoothly: Don't staple or paper clip your check to the payment slip. • Be sure to use the payment envelope that came with your statement. Using a different envelope could delay processing. Please don't include any additional correspondence. Last but not least, be sure to write your 16-digit account number on your check. 200567 41080 KENNETH W SMITH O important notification of a change in terms to your account The changes detailed in this notification amend your Customer Agreement. All other account terms and conditions remain the same. Please retain this notification for your records. Your Minimum Payment Calculation The following change will take effect starting with your December 2008 billing period: If your new statement balance is $15 or less, your minimum payment will be equal to your balance. Otherwise, we calculate your minimum payment by adding any past due amount to the ra eater of: • $15; OR • The total of 1% of your new statement balance, plus new interest (periodic finance charges), plus new late payment fees, plus an amount equal to a full year of membership fees divided by 12. This minimum payment will be required for every statement with a balance, even if you paid more than the minimum payment or made multiple payments in a previous billing period. Please note that this change in how your minimum payment is calculated could result in a higher minimum payment than you're currently paying. For example, if you pay late or have missed a payment, it's likely that your minimum payment will increase. This policy change is required by federal banking regulators and cannot be declined. 0.1567 Please send questions or concerns related to this change to Capital One Bank (USA), N.A. P.O. Box 30285 Salt Lake City, UT 84130-0285 We cannot process your payment, nor can we process your request to decline these changes if mailed to this address. Our federal banking regulator is the Office of the Comptroller of the Currency. 7514665 capita 7514665 Q 2008 Capital One. Capital One is a federally registered service mark. All rights reserved. FINANCE Previous Balance Payments & Credits CHARGE - Transactions Nv w Balance Minimum P2ym^nt Due Date - 82,015.22 50.00 :141.68 S39.1110 i S2,095.90 8325.00 cv.01 2008 Sep. 02, 2008 - Oct. 01, 2008 Page 1 of I `Sc PAY Ar LEAS, rWs CU_UW P ' MasterCard Platinum Account _ You',e behm o7 five payments yv v>_ per;na rn y revoked ycur hargrg a wl gas If you • x,tnue to 5178-05723437-?B57 I T rs, paylnenrb your account is at ; rsk of t eng chu ged off Plece d nl let Its haPr_n If vxfra feelay Your Account Information verwhelmed, callus at 1 80J 955 6W We l wort: with vau b resilra L7is n tt TOTAL CREDIT UNE $1,50000 Payments, Credit &Adjustments TOTAL AVAILABLE CREDIT $0.00 _ CREDIT LINE FOR CASH $1,000.00 Transactions ! AVAILABLE CREDIT FOR CASH $0 00 j _ 1 010CT PAST t7UE FEL :.39.00 7514665 Finance Charges (Please see reverse for important tnformatronI Balance rate Percduc Correspordirg FINANCE applied to gate APR CHARGE Purchases 52,03657 005822%D 24917°5 541.68 Cash SO CO 00•t822%D 2490°5 90O ANNUAL PERCENTAGE RATE applied this period: 24.96 At Your Service - Go m mvw.raoikbremm to ma mpyor wow t. or Cal l?W-.7033637 bnpata lhi v ddxr cad or ?pedc b Wstn,r. R.hbm Pay Online A mvxceotabneoom or malW pafirwi t: ,ift CaptM One Bak (USA), NA • P O B. T1083 • ChaWk, Nf: 2272-1083 A Send lrprmies to: Q*"i On- P O Bmc 30285 • Sat Late City, UT 841300285 ® Have a question about a charge on your statemu9t? Please refer tote Wig Rughts Summary on the tech of your statement or visit www.?odabm.rbm/dsgites Urdu lams plwrcrisy discbeed to you. sn:-rle ix all of your Arutual Pauantage Pales (APRs) have tin rx -eased since your account was past diie twice in he past 12 billing cycles It your ales have already nc-eased, absequent delirquenaes ezterded the drratm cf 6te rrcreasei rates ?.en nber If we receive your mrvmum monlhy payment on tune bf 12 ccr>secutrve nArg uyclas, thisac?-unl will pe reviewed fix a possba relum to your 1'b+Introdicbry APR You account has gore over its credit knit. To avod arddd"- overlent (mss, please pay a rxyh to'ix tg your balance below, your credit limn immediately, and make sure you remain below your credit limit Please be s ire to account for any fibre purchases, fees, and firatce charges You were assessed a past die fee bec:arse your maim lrn payment was not r5,--Ned by lie die Cite To avoid this fee in the fuhtre, we fecomrnend that you allow at least 7 business days for your mnmum payment to reach C vbl Ore PLEASE RETURN PORTION BELOW W frH PAYMENT OR LOG ON TO VWAV CAPTALONE COM TO MAKE YOUR PAYMENT ONDNE 1 5178057234372857 01 2095900150000326008 Capjta/( 7i• Account Number 5178-0572-3437-2857 Lend a hand. Save the land. Due Date New Balance Minimum Payment Amount Enclosed Manage your account online today- NOV. Ol 2008 ( $2,095.90 ) $326.00 lI j it•s fast, easy and secure- ____? _ _?J '.._ _ 4?y orlme nmtime-nn -yore chvcka, ,tanpc or Cotta. PLEASE RAYAf [EAST rn t =hanye your aJdress online er «, •na hac4 THISANIOUNT Q Help save the planet G. papedeos #9027607616074292# G S'gn Pat wvvw capdalooc corn KENNETH It SMITH 55 FAIRFIELD ST Capital One Bank (USA), N.A- CARLISLE, PA 17013-3119 P-0. Box 71D83 Charlotte, NC 28272-1083 llrmulllldrtlntld•lull°ll..lrnthlttgt..u.l.l,lttti6 I .u,. ,,,1 l .. 1. I ur.t,l.. I .t., t r i r. II i lll6lldl I11 dnlnlhlhl Please make checks payableto Capital One Bank (USA), NA and mail with this coupon in the enclosed envelope. NOT PAYING YOUR DEBT M!3 cap"" ii - DOESN'T MAKE IT GO AWAY. what's in your wallet? 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. ?.,.... - c.Y I Cu r:e; rh," -n t' I, ,' ,r.r.. Thp el: r -. r,-. ?. ,... 1« j- '-FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minirmlm Payment Due Date $2,095.90 $0.00 + ( $43.90 }+I $78.00 1=( $2,217.80 $392.00 I Dec. 01, 20081 Oct. 02, 2008 - Nov. 01, 2008 Page 1 of 1 ? SSE ??1' fS L:l5i7HG!rhJVVf MasterCard Platinum Account 517810W24437-28W Your Account Information TOTAL CREDIT LINE $1,500.00 j TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $1,000.00 AVAILABLE CREDIT FOR CASH $0.00 Rnance Charges pie;e see rere se fa mporlard i lbn nation) Balance We Pe,iodc Correspordng FNANCE applied to sale APR CHARGE ?urchases 52,118.31 0.066454: D 24.4x% S43.90 Cash 50.00 0.06685. D 24.401/. 50.00 (ANNUAL PERCENTAGE RATE applied this period: 24.40 c At Your Service • Go b www cmitabT b nosege }w -int, or Cat 1A1y19D33W to report a bstorsbbncaM orspusalc to 0dtow n561tuns ® Pay On&re d www.cmilabieaT ci meilyw paynerd b. CipitdOre Be*, r(1154), RA . P.O. Bx 71443 • D-tottte NC 247'2-1083 (j] Send Inquiries W. i? GWW Ores P.O. B. 3M5 • Sal Lek. city. Uf 84130D295 ® Have a question about a charge on your stAMWnP PWw refer to the BdIM Rights Summary on the back of your statement or visit www caofta" corrddspAes You're behind by sr_ payma- It;. If we ::!urge off your account due !o late or missed rx-y real-,, filaI Ce charges will confwwe to accrue. Aft i;_w L ;xeient this fray harperiN- Fkase pad the minimum payment anarlt •Jn your statement ?- ,fie us a call at IJKO.955.6303. Wi?,- lw? In fwo. Ta•e 7x*lrol of ycwr aedit with C4AN One. " IrRmlait r•lc ie" Utdet the lelms we pievbu ly mY-losed to you, your a-mi urt is raw elite fa an increase n Arad Percentage Rates (APRs) effective irnmeclatefy. However, Capital One has elected not to rase your APRs at this time. Please be achased that if you fail to keep yw amount in good slandrg, Capifal 0-tee i ese. ve3 the rirg1 !c i ase yxn APRs n the fulwe. Payments, Credits &Adjustments Transactions 1 Ot f OV PAST DJE FEE --- - --- S39.90 2 01 t-"V OVER Iir1IT FEE ! IOl' 01, r-8 S39.00 Your a:nxrt has gone over its cedfl limt To avoid acillioml ove ivnit fees, ycu shad pay Tnoie than t,e ?Anw-rn Payment Plieese pay enaugn to brng gar acwmt balers below your c edd lirnd immedEtk*' and male sueyw asnunl baLmce remains tebw yon credit unit. Pleasa'r_ sue the amount you pay accounts for any fulure W chases, fees, and finance cha7gas. You were assessed a past due fae Lvcauss y.:ur mnnlum payment was not racaiv d by re due date. To avoid ft fee in the huhre, we r&xynm--d that you allow at k-ast 7 brirlESa. ci?y3 for ya r -nirennrn payment to, -Kh Caplal One. PLEASE RETMI PORTION BELOW VATH PAYrv¢NT OR LOG ON r0'AV.M1V.CAP1rALOP1ECOM 10 FAAKE YOUR PAYMENT ONUtrE. 1 5173057234372857 01 2217800150000392002 Cafp, Account Number. 5176-0572-3437-2857 Lend a hand Save the land Due Date New Balance Minimum Payment Amount Enclosed . . Manage your account online 001, 2008 ! '$2,217.80 I S392.00 00 iYs fast, easy and secure- -- 4a Pity UI'I,nC dItY11iTC-f:0 ^IC? ChC'CrtS, SL::M(:5 or T PLFiHISAAPAYATdOUNT LFAA TH moving? Cyange your address online or on thr, hack. 0 V 1telp save the planet-Lg Pdpnrles. #903(7707616074295# a Sign ?p at •a; a m.cep{idtonc cem_ KENNETH w smi TH 55 FAIRFIELD ST Capital One Bank (USA), N.A. 7514665 CARLISLE, PA 17013-3119 P.O. Box 71083 1 111 1! 111•.1 1 1 1 1 1 1 1 11 i •h •II 1111 ! •I••tl ) h I.1 ••I 11 II••11 I n d •I•I Charlotte, NC 28272-1083 nlllh•111••nhl•h•Idllll••Ihl4••II•I•ftl•II••llhlhl•lot Please make checks payable to Capital One Bank (USA), N.A. and mail svith this coupon in the enclosed envelope. KENNETH W SMITH 0i 01 1. How to Avotl a Finance Charge. a.Grace Period. You will have a mirsrsm grad period of 25 days wtlo tfitarrP Charge on new Purchases, new balance transfers, nee special purchases and new other charges t you Pay Your Ml-NM Balance., n accurd3noawin ere trponand Notice rot Permits hebw , and in litre for K to be crecItad by your payment due dais. There is rd grace Period on cash advances wJ spacial travelers. In arYlbn. tha9ls ncgrace pww on any trasaction if you do not pay the I" 'New 13A. .* o. Atmilp Fahalrt Charge. Transactions wash are riot subject b e grace prod are assessed fsance chat's 1) from he data of the transaction x 2) fall ale dale it* raleati n s PnocessW W yorACCard Or 3) tvnthe rust calendar day or to coned billing period. Ad mly it yw dal not pay U.New Balance" frbm the pisnous badrg pedal n Us, fnace tll3ngea Mni ta=M 10 your unpaid astatine until to upaid balances s paid in full This morn that you middy slid owe ferace d-_3 . even IF you pay the antis New Balance Indicated m the licit or your slalernad by the paymrsd due date, bud did not do mtorUe prev o s rrorah. unpad bans', otsnges and added b to aWimittesegmed of yorrACwurd. c. lerhtirsars Finance Charge. FWeach biting period Orel your account a subject to a finance, carys, a rliuxr total FINANCE CHARGE of $150 wit Is inpos d. d. Temporary Redmilion In Finance Chagas. We deserve Us right b.q assess i y or am li ance charges b' any given hitting pennd. 2. Average Daily BeYnrca (Nlstidiif New Racfsaes)_ Finance change is =cutAled by mu6pyng tadaly tow-d each segnad ohyournzuut 04'. casn adlace, Purchase. special Danew and special poctsse) by Us caraspordtg daily, paoilc rate(s)tat has been previasy disclosed ho you At Ile a cl death day chug to biMg peiod, we apply Us dany pens- has for ee:h segmrd of you aa:JUt to Is loll, balance cf each secprait Than alto end alto being period, vs add up the resuts or those daffy catubbi to anhe at your pedodcfinance -hwls fo' seen segned. We add up the resut4 corn each seg"ennt b an-attheSAM pedio6c fn- charge fo your account- To gal Use daily balance for cede seined of yon so-k we take as beginirg lalance, for each sagrled and add any new aansaclies ad ary Pero=finance charge calculated M the previous days beildlrLYrod that segnsrt We 0a1 stbbact ay pay-ts orcradils posted as d that day Dal are allocated to that segment The gins ins Me separate dally balance rw each segrtsrr of your account, However, U you paid Is New Balance shown m your prevras staearant n flat (o 0 your nes balance was iao bra oedi atrornl), few tnmactio s, which post to you purchase w special pirch essetymeris a a not added to de daily balances- We calculate Us average daily balance by adding ad to daffy L. AiarrWS tog*w ad dividing Us sun by ifs rarrbs d Ire days n m4 tuned burg cycle. To calculate yox total f9- charge, m Aft your ayaage day tlAa se by to day Parbtllc tab and by la enter of days inothe biding period Due to nwdig on a day basis or clue to trdarMn fnen:e charge assessment tlam my is a vadarcr D91ween the calculation and Line areut of Anna clha'ge ecanay assess. Changing Address? Address ................. -...-_- .. ......... _........ .... Home Phone ............... ..._._..._...... --- Alternate Phone 7514665 E-mail Address 3. Annual Percentage Rates (APR). a The berm Anrwal Percentage R.W nary appear as "APR" on the front Of Ve staterroll b. If the was P (Quay" Prue), : (Qudna y LIBOR), C (OUateny OD), ors f3a kewd Prime) appears On therrart of this statement nwct to to periodic rate(s), me penodlc rates and cwresp-hng ANNJAL PMG04TACC RATES may vary quarterly arcs may increase oroecrease basal on Us staled Indices, as rand n The Wall Street .1-al, plus tie nsrgtn pnwbrsly daciceed to you, These degas wild be rtredhle of are first Say of your blHng period covered by your is-fic slalemat along in as morals of January, April, July aid OotQi C. U the code D W"fy Prime). F (Mk Whfy LIBOR). or r (Treasury LIBOR) appeal m the Fwd of your statement nest b the periods ra1NS), ihs periods rates and canespOrcsg ANMLAAL PERCENPAGE RACES rtsy vary moNnly and nay donates w decrease based o t fie Staled irdces, as food in The Wall Streel Jamul, Plus U. margn gav busy dscbsN to you. These charges ws be effective m the fast day of yon bilkrg period each mondi. 4. Asaessrrad Of Late, Ovensrs and Ralumed Payrred Fees. Urger the terra Of Yttur astortar agresna t we reserve Us right to waive or not to assess any lees'whoul pion notw.a0on U you wtaut "Min; her right to assess Use sans cs sSPVW lees at a few tins. 5. MnrOSrahp Fee and Renewing You AVZOUm. 9 a n b-tid, fee appears at this .lament, we wed creel[ U. fee tYou MR...t1. close your.-d "Man 3O days or tie ""M of this stalertred. You may Continue to use t s aomud dung the 30 day Period bar: va YOU request. If you W not pay old Barges aver on this a-Untwar n 90 days, or if you use your caret card or account after you regress to close, any nsmthershto sea previously waived nsy be nsetatetl byor account. 6. Clio" X Susperdang You heat You nay' i,* rt get your accout be closed by categ x wrtrg our Cudwner Relations Deperrha t At the ens Of your reop-L we wit pmvk* you with additional details w closing ywr accord. This tray inctrla Pay" it nfur ratiort Uyou rat Yo Credt cad orcharges poet to Your account after You ask is to close Your account. we can Keep your am-t open or reopen it We nay cross or suspend yw' account and your right b obtain crecht. We may rb Ins at arty tare and Ix any reason, even i You sent In dated[. A susp nsion f your aw.oud can be patrsne d orter po-ary. If Ywf account is dosed w su Warchist you rest stop using you shalt card aryl amount You must also cancel ad p"sud Vied w ling anageriais to ds acsou-t We WIN no do tm W you. U we close or partanedy suspe you accw^ You mutt also des" ad Credit cads and atl of inf scossa C'heCKS. You mot slid pay all snoods yw ore us on to a.:cut -en U may were cha gad after your account a cosea a suspwlma T. Mal ho Pay"whas. Payrnaris you mad to us will be -dited toyer accout as of the bu9isss day we receive t policed (1)you send to tolbrn potion of this stasrtern and Ywr ChMCK In the enclosed rerrtdaw ern "ad (2) You peymad'e received in w- processing center M_- ET 112 roan PT). Please Now al kear use (5} dents s Wye l:r PpalN derrvay. Payments tecawed by us at any Other n.atlon or n at, other fomn may not be crested as or the lay we feceiye Ulm Our business days are ntoday tWo gh Sanrtby, edchdng hOldays. Please print address or phore nurrrbe• changes above using blue or back ink. 8. Notice About Eladtanc Check Corwersbn. Whenn you pvvdv a check as paynns iL yw authorize us eiaer to use inbanation (Twin yolr check b make a orraime electronic fund transfer froth yoturdeposit abouUnl or to process in%Payrsd as a Mack trarleaho'1. When are use information fron yorch" to.rraKa an electrwtc Psnd transfer, tads nay bewinQawn f orn your deposit arw:d as soon a+ Its same day war rso ".- your paynerif end yw we l not raceiae your c ecK bacK from your financial institution. Your authorization is mt Eriled by the date on the 0-t- We nsy 1-i and eIetnru:aty wile'-t arts, d payments. 9_ Bankruptcy. d you are ed?ted to barktho-y pulectiom for yox account, this confirxd_,^bon s only for utomeW?tal purposes. It s nx an at@rro Ir. -He :t, assess x remva a debt o- claim Do not send any Paynens Lrect, to us without speaking with you benkruplcy stoney or Us Batouptry Cast avow wad to conG9ct w awut yox acCOUnt oryar anmtpcy pruc-ding, please have your A-ey cordact _.. i°IW NG RIGHTS SILM%LRY (n Case of Etrors a Questions about Your Bs) It you think you odh is wrong, or Ifyou reed more information m a transact- or bill, roteb us urn a separate Sheet a. Soon a. possityb at Us address for inqu'irs; shown on the front of nit stulenad. We nest hear nom you rd Whir than 6D Says otter we sent you mB first bill M which the error o-p'ohlern appeared. You ran cell our Csstotrer Relations waver or no[ty ua by amaU a websie. but doing edwa rot presww you rids. In your Wear, give us the folseigitdmallon: your nitre and account nW%W. to doeet amount of Vm suspeclad anx, a dos ii of la ear and an acplanation, U paasale, of wiry you believe there is an error, or t you need gram idonsti-, a rlascf0i0n d the item you a2 unsure about You cb not have to pay any arrOUd in question whist, we are memjMV IL out you are still obligated to pay to pe-La of pur bill to are not in queslicn. While are investigate your qu esmn, we cant report You as dalinquert a take any action b c.fli tre afoot you question. t Specal Rite for Credal Coil Purases d you have a Pmk-me wth the qumly X P-ty or s.,- that you p=hessd with a Kdit card and you lave tried in good fain to conect to proftan WEI the n6rctsd, pa trey have fns Sght mat M pay the rosining arrwd due m me onoo" a deuces. You avetas pr.Wdon onN when the purchase pry- - mom than $50.00 and fts Wiese hvas-Lot in pus rune state or within 100 miles dY= rraiig eddies; ;a tw owu o operate the McCnar't, or t war nailed yos the aoveraserrrerrt far the Property x services, ad pu2na.es am cVlaed regardless (A -ant w location of F-Mdse.) ?I..a e reharriter to sign ad comBSpancla- t DD rid aspty m b? --t, Capital One supports ril-ston ptvacy pro_ lion, see:u wahsie at www.tavUatornercrth capital Ors s a fedaay sgsbistl- cm nro-K d Captal One 9n3nci3ICofpbration. All ri'jts -d.02005 Capin Oda io•,cYis6 - t -usrlrrQB Not quite ready to make payments online? No problem. Follow these simple steps to make sure we process your payments smoothly: Don't staple or paper clip your check to the payment slip - 3e sure to use the payment envelope that came with your statement. Using a different envelope could delay processing. Please don't include any additional correspondence. - Last but not least, be sure to write your 16-digit account number on your check- FINANCE Previous 9alance Payments & Credits CHARGE Transactions New Balance 4linimum payment Due Date 52.095.90 50.001 + S43.90+i 573.0.6 - 52.217.&3 $392 00 Dec. 01, 2308 eC. Oct. 02, 2008 - Nov. 01, 2008 Page 1 of 1 MasterCard Platinum Account 5178-05723437-2857 Your Account Information TOTAL CREDIT LINE $1,500 00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $1,000.00 AVAILABLE CREDIT FOR CASH $000 ( Finance Charges (Pleesee see reverse for important information) Balance rate Perodic Carespondrg FINANCE lipped to -ate APR CHARGE Purchases S2,118 31 0 05685% D 24 40% W90 Cash 5000 00£t85'. D 2440'; SOW ANNUAL PERCENTAGE RATE applied this period: 24640% At Yore Service - Go to wxaatab*a No mr-W yw a=unt, a Cal 1$00 M-637 brepota Wi at*. cad a spek m Cuslo r R-bbores 0 Pay online a tmmw.rawfe ng=mxmal)a Pwaivit t. Corral 0rie Ivak (USA), NA • P O lime T1063. Ovtxe, NC 232r-1083 Send hquiies to: Capital Ore-P U Boc 30285 • Sat Lae City, UT 84130', Have a question abort a charge on your sttemmV Please ref r to the Billing Rghds Summary on the heck of you statement or vrA www -a3labneconJdsoutes ?,-Li5E ?,Y Ar tEYi-T ; ? =_ u.Fun- YoV*e bahrnd by sa payments It we charge off you a, ount d.e to bG or mssed psyntertts, r7rartp ctar;g-s willconlin i Ad rrw Ln pravard this born f ,roixg Phase pay the mnnnrn (layment amount on you statement or yve us a call at 1 8 ) 955 65x. Ate're here to het: rake control M you, cr-t with Capital One -Imoortant rdotoa- Under t a terns we previously disclosed to you, you a=unt is mw elgt* for an increase n Annual Pe•cenlaiW Rates (APRs) effective immediately Howwg, Capital Ore has etected not to rose yor APPS al his lane Please be advised that if you fat 1o keep yo-ir acc.^+rit n goxl staind rg, Capital Ckp reserves the rght to rase your APRs in the fut re Pfinents, Credits 8 Adjustments __-__ _------. -- -___ Transactions 1 01 PIOV PA51 DUE TEE 53900 2 01 f10V OVEP.LIMIT = i P%W 01.2003 S3900 Your acount has gore or_?r e; cro* limit. To avoid odihonal ovartrrat foes, yol shodi pay more than the Morrium Payment Please pay emugh to b-ny your account >a6nce bEbw your mei3t limit rnmedral*, and make sue your account bad remain below your m-egt Ynt Plee_se be sure Ithe amount you pay acmn6 for any future ourdases, fees, and franc- charges You were assessed a fast due fee because yaw minimum payment was i by the die date To avoid this fee in the ('Attire, we recommend that you allow at least 7 blsrleass days for your mmmum payment to c each Capital One PLEASE RETURN PORTION OELOW Wt1H PAYMENT OR LOG ON TO WWoV.CAPITAtONE.COM TO MAKE YOUR PAYMENT ONLINE 1 5178057234372857 01 2217800150000392002 ?514665 Capitaf?(rtTt Account Number 5178-0572-3437-2957 Due Date New Balance Minimum Payment Amount Enclosed ( Dec-01,200& _ l $2,217.80 $392.00 1 --- PU54SE PAY AT tEA5 THIS ANIOUNT #9030707616074295# KENNETH W SMITH 55 FAIRFIELD ST CARLISLE, PA 17013-3119 Illipulillllp.I•.Ipn••pl•yrlt••HIh41••IPPnlhtl•I.1 Lend a hand. Save the land. Manage your account online today- it's fast, easy and secure. Q P:w -l- nnyhme-no r-r rh,,k,, ..tar-pc n- dueler dnuwnq? Ch--.e yo„r Ad-' e"l- ec c.. ;-s Fa_.- r? Help save rhr pl-el Go papi :ess v 5,qn up It .+:ww capitatnnc mm Capital One Sank (USA), N.A. P.O- Box 71(183 Charlotte, NC 28272-1043 077777•lll••ulll•1rIIIP11••Ilu4••!!•I•III•tl••Ilbllthinl Please make checks payable to Capital One Bank (UW, NA. and mail with this coupon in the enclosed ertvelope- CERTIFICATE OF SERVICE A true and correct copy of the within Plaintiff's Motion for Summary Judgment and Brief in Support has been served by U.S. Mail, Postage Pre-Paid, on0srday of , 2011 upon the following: Kenneth W. Smith 55 Fairfield Street Carlisle, Pa 17013 B: Matthew D. Urban, Esquire PA ID# 90963 Weltman, Weinberg & Reis CO L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 W WR# 7514665 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) NA, Plaintiff, Case No.: 10-836-CIVIL TERM vs. KENNETH W SMITH, Defendant. ORDER OF COURT AND NOW, to-wit, this day of , 2011, upon Plaintiffs Motion for Summary Judgment, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that said Motion is GRANTED and Judgment is entered in favor of Plaintiff for $2,869.87 with interest at the rate of 23.90% per annum from November 13, 2009, and costs. BY THE COURT J. WWR# 7514665 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate)"". THE PROTHONOTARY OF CUMBERLAND COUNTY: ament Court.) ON OF CASE caption must be stated in full) rAL ONE BANK (USA) NA vs. W. SMITH (List the within matter for tlz*xt Ul) r- ---------------------------------- -<> C'a C) '-G Vic-' =W C c? No. 10-836 CIVIL Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): MOTION FOR SUMMARY JUDGMENT 2. Identify all counsel who will argue cases: (a) for plaintiffs: MATTHEW D. URBAN, ESQ. (Name and Address) 436 7TH AVE, SUITE 1400, PITTSBURGH, PA 15219 (b) for defendants: KENNETH W SMITH- PRO-SE (Name and Address) 55 FAIRFIELD ST, CARLISLE, PA 17013 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: MAY 27, 2011 Signature MATTHEW D. URBAN Print your name PLAINTIFF 04/19/11 Attorney for Date: c? Q "r cJr, -mt 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. WW R-* `1514LQU5 CERTIFICATE OF SERVICE A tr a and correct copy of the within Praecipe for Listing Case for Argument was served by U. S. Mail, postag prepaid, this day of, April 2011, upon the following: Kenneth W. Smith 55 Fairfield Street Carlisle, PA 17013 By: Matthew D. Urban, Esquire PA I D# 90963 Weltman, Weinberg & Reis CO L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 OFF TH.!? PROT1,10p T',,, - r" s; 2011 JUL 18 AM 11: 1 v CUMBERLA110 M4?Wki T Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PR&WW f CIVIL DIVISION CAPITAL ONE BANK (USA) NA Plaintiff . vs. KENNETH W SMITH Defencimt. Case No.: 10-0836-CIVIL TERM TYPE OF PLEADING PRAECIPE FOR JUDGMENT PER ORDER OF COURT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D.#90963 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR # 7514665 $3,997.38 s- / q .06 ?,-L4"%-( eK? I aovLci y8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) NA Plaintiff vs. KENNETH W SMITH Defendant. TO THE PROTHONOTARY: Case No.: 10-0836-CIVIL TERM PRAECIPE FOR JUDGMENT In light of the Court Order granting Summary Judgment in favor of Plaintiff on May 31, 2011, kindly enter Judgment against the Defendant, KENNETH W SMITH, in the amount of $3,997.38 computed as follows: Amount Awarded per Order: $2,869.87 Interest from November 13, 2009 through July '3, 2011 at the contract rate of 23.90% per annum: $1,127.51 TOTAL: $3,997.38 Attached is F, copy of the Court Order in favor of Plaintiff for Judgment. WELTMAN, WEINBERG & REIS, CO., L.P.A. By: Matthew D. Urban, Esquire PA I.D.#90963 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 Plaintiffs address is: c/o Weltman, W°inberg & Reis, Co., L.P.A., 1400 Koppers Building, 436 7 h Avenue, Pittsburgh, PA 15219 And Defendant's addres,; is: 55 Fairfield St, Carlisle, PA 17013 CAPITAL ONE BANK (USA) N.A., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KENNETH W. SMITH, DEFENDANT 10-0836 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE OILER, J., EBERT, JR., J AND MASLAND, J ORDER OF COURT J ;r AND NOW, this d ay of May, 2011, after briefing by the Plaintiff and argument en banc, the Plaintiffs motion for summary judgment is GRANTED. In the Defendant's answer to the complaint, he admitted all relevant material facts necessary for entry of judgment against him. Further, he failed to respond to the Plaintiffs request for admissions rendering all those facts admitted as well. Pa. R.C.P. No. 4014(b). There are no triable issues of fact remaining and judgment must be entered in the Plaintiffs favor. By the Court, Albert H Masland Matthew D. Urban, Esquire 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 For Plaintiff Kenneth W. Smith, Pro se 55 Fairfield Street Carlisle, PA 17013 saa r° d r7 ?-1 q 46 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA) NA Plaintiff Case No.: 10-0836-CIVIL TERM vs. KENNETH W SMITH Defendant. NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendants ( ) Garnishee You are hereby notified that the follTim ing Order or Judgment was entered against you on / (xx) Assumpsit Judgment in the amount of $3,997.38, plus interest at 6.00% per annum, plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of (xx) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration Award ( ) By Consent Prothonotary Kenneth W. Sm'th 55 Fairfield St Carlisle, PA 17013 By: ? PROTHONOTARY (OR DEPUTY) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-836 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK (USA), NA Plaintiff (s) From KENNETH W. SMITH, 55 Fairfield Street, Carlisle, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: WOODFOREST NATIONAL BANK, 60 NOBLE BLVD., CARLISLE, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$3,997.38 Interest $15.77 Atty's Comm % Atty Paid $166.40 Plaintiff Paid Date: AUGUST 17, 2011 (Seal) REQUESTING PARTY: L.L. $.50 Due Prothy $2.00 Other Costs David D. Buell, Prothonotary Deputy Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BUILDING, 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-836 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK (USA), NA Plaintiff (s) From KENNETH W. SMITH, 55 Fairfield Street, Carlisle, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: WOODFOREST NATIONAL BANK, 60 NOBLE BLVD., CARLISLE, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$3,997.38 Interest $15.77 Atty's Comm % Atty Paid $166.40 Plaintiff Paid Date: AUGUST 17, 2011 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs ---? I, ?l David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BUILDING, 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPIT-?L ONE BANK (USA),NA Plaintiff vs. Civil Action No. 10-836 CIVIL TERM Qom' ;°' ref= SS ?,(?-Cx S?. Co,,rlisle? P 110(3 , 1 ( = KENNETH W SMITH - Defendant(s) ??Vc?. CardSlet t'? 1?0? WOODFOREST NATIONAL BANK - ?o V?fltot e =? w ° . Garnishee(s)' ' ?.? PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issur: a Writ of Execution in the above matter... 1. dirwvd co the Sheriff of CUMBERLAND County: 2. agair;st KENNETH W SMITH , Defendant 3. aga ':st WOODFOR.EST NATIONAL BANK... Garnishee 4. Ju&,uent Amount $ 3997.38 Ler.s Payments/credits received $ 0 Inter(tst $ 15.77 Cos;. $ SUF 01 AL: $ 4013.15 Costs (to be added by Prothonotary): a any a?. s? ?a 6'k*4 33 . y o Cif qa.oo u c? 14. o0 a. so << WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, Esq Ore PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 ? . 50LL I,#- I bb7( qS 1ew3`Z 1 WWR No. 7514665 WrA- &6&c- Ts kte:4 IN THE COULY OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK .((JSA),NA Plaintiff No. 10-836 CIVIL TERM vs. PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) KENNETH W SMI'''H Defendant(s) WOODFOREST NATIO'(JAL BANK Garnishee(,) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 7514665 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff OFFI E O? F ? -RIFF FILED-OFFICE OF THE PROTHONOTARY Jody S Smith Chief Deputy Richard W Stewart Solicitor Capital One Bank (U.S.A.) N.A. vs. Kenneth W. Smith 2011 AUG 31 AM 8'. 35 CU PENN Y> BVA COUNTY Case Number 2010-836 SHERIFF'S RETURN OF SERVICE 08/26/2011 11:06 AM - Amanda Cobaugh, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Woodforest National Bank at 60 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to ROBERTA IULA, RETAIL BANKER, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on August 29, 2011 to Kenneth W. Smith at 55 Fairfield Street, Carlisle, PA 17013. SHERIFF COST: $165.45 August 29, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF i= C Amanda Cobaugh, De ty (c) Goo`ySuite Sherff- Te;ecSoft_ Inc. s , V c W . ?rn i 1'VI INTERROGATORIES IN ATTACHMENT f, - THE FILED--OFFICE Q? v 1. At the time you were served or at any subsequent time did you o VAw dnt o or were you liable to him on any negotiable or other written instrument, or did he claid ah' ney or were liable to him for any reason (including funds on deposit for checking or savi deposit)? mwft ??iftGat?? of UtM i PENNSYLVANIA I a. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount of mom; y you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof, the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. O Q C,h?GVl r10 MO u,4-- W04) W ff6 VAIWVA W01.?'l LU At ',he thn,s you were served or at any subsequent time was there in your possession, custody or control ,)f yourself -.nd c -ie or more other persons any property of any nature owned solely or in part by the defenda-it. NO 3. At th?? time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely of part by the defendant or in which defendant held or claimed any interest? Nb 1. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had in interest? /Vb 5. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any person err place pursuant to your directions or consent and if so what was the consideration thereof? lv ?:i. At ar,v time after you were served did you pay, transfer, or deliver any money or property to the defenda,it or to any Epersc or place pursuant to his direction or otherwise discharge any claim of the defendant against you? NU 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, Identify each account and state the reason for the exemption, the amount being withheiu under each exemption and the amount of funds in each account, and the entity electronically depositing :,lose funds on a recurring basis. NO WWR No. 7514665 8. If you am a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt fun;;s, did not exceed the amount of the general monetary exemption under 42 Pa.C,S. § 8123? If so, identify each account. ?P?, ?I?? t?.? a,?-? ou.r?t- ? 33?. 3? ?t g7g ?r ? ?. p v?r?,?vv? ?,?,? ?,e? 9. If tiie answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on tha; institution. 10. If the aris A er to Interrogatory 1 is in the affirmative, state the date the written instrument, checking or savings account, certifloate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this institution. 11. If th:, res?,onse to Interrogatory 7 is in the affirmative, are other funds comingled in the account which ar.- not depos) `,.d elr,ctronically on a recurring basis and which are identified as being funds that upon deposit a-Q exempt fiom exce',4bon, levy or attachment under Pennsylvania or federal law? ?v D 12. If the rest onse to Interrogatory 1 I is in the affirmative, state the amount of non-exempt funds on deposit in the accourii. N/A WELTMAN, WEINBERG & REIS CO., L.P.A. By: ! -7-/4, William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR No. 7514665 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is 7'q'C'-G1IN GL(,l't), iii 1 (Name) ?. V ? ? ?IX?tT of IN d tfty St W, NGU V , shee herein, (Title) (Company) that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrc,. ator;es are true and correct to the best of his/her knowledge, information and belief. (SIGNATURE) Woodforest National Bank DOW Bryan Abraham 832-378-129 Fnone Jessica Black 832-375-3071 FaX Cedrick Frazier 25231 Grogan Mill Rd., Suite 100 The Woodlands, TX 77380 AUG 2 6 2N WWR No. 7514665 SHERIFF'S OFFICE OF CUMBERLAND COUNTY aderson . Smith Deputy ,chard W Stewart Solicitor 2012 MAR 22 AM 1D: 4 4 JUMBERLAND LDDNT ; PENNSYLVANIA Capital One Bank (U.S.A.) N.A. Case Number vs. 2010-836 Kenneth W. Smith SHERIFF'S RETURN OF SERVICE 08/26/2011 11:06 AM - Amanda Cobaugh, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Woodforest National Bank at 60 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to ROBERTA IULA, RETAIL BANKER, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on August 29, 2011 to Kenneth W. Smith at 55 Fairfield Street, Carlisle, PA 17013. 03/21/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $88.13 SO ANSWERS, March 21, 2012 RON R ANDERSON, SHERIFF ? e- tf Tel osoft. I,i