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Home My WebLink About10-2037p; -rT? ONOTARY 2010 K" ?_ 3 A 10: i 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs DENNIS J ING JR Defendant No: Ib - ao307 0AVIk lerh COMPLAINT IN CIVIL ACTION 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 07957926 C N Pit EMR O ?qa. oo Pb arry avIt. qy a& g6 e'Am a 1s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,-PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No DENNIS J ING JR 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: DENNIS J ING JR 706 N PITT ST CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX9713 . 4. Defendant made use of said credit card and has a current balance due of $5470.42 , as of March 03, 2010 . 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 24.200% per annum on the unpaid balance from March 03, 2010 . A copy of Plaintiffs Statement is attached hereto, marked as Exhibit "1" 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 , DENNIS J ING JR , individually , in the amount of $5470.42 with continuing interest thereon at the rate of 24.2000 per annum from March 03, 2010 plus costs. fames c. ar=roat, 42524 WELTMAN, EINBERG & REIS CO., L.P.A. 436 Seve Avenue, Suite 1400 Pittsbu g PA 15219 (412) 4 4 7955 FAX: 4 - 38-7130 079579 6 C N Pit EMR This law firm is a debt collector attemptg to collect this debt for our client and any information obtained will be used for that purpose. Prsvious Balance Payments & Cradles FINANCE FINANCE Transactions New Balance Minimum Payment Due Date $3,842.94 - $100.00 + $84.15 + $83.00 = $3,910.09 $260.09 Aug. 26, 2008 Jul. 02, 2008 - Aug. 01, 2008 Page 1 of 1 MasterCard platinum Account 4w Your Account Information TOTAL CREDIT LINE $3,65000 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $3,650.00 AVAILABLE CREDIT FOR CASH $0.00 Finance ChaMft (Please see reverse for important information) Balance rate Periodic Corresponding FRANCE aipplied to rate APR CHARGE Purchases $3,81191 &07121%P 25.99% $8415 Cash $000 007121%P 25.99% $0.00 ANNUAL PERCENTAGE RATE appal ft period: 48-W% L' At Your SerAce-GobwJwAmbbroxmbmmegeywrwomt, a Ci 1E00.9033637 b repot a lost a siolan cad ar speck b CLAVnw Relations ® Pay Online aAvA90tebreoanormal5ourpsylrivitto: Capital One Bait (USA). NA - P 0 Bw 70844.Owtila, NC 24272-0884 A Send Inquiries, to: Capital Qnr P 0 Sac 38205 - Sat Was City, Ur 84130-0285 Hans a question about a chugs on yaw sGbnerd? Please refer to the Billing Rob Summary on the back ofyour statement or VIM Wiwi PLEASE RETURN PORTION BELOW WITH PAYMENT OR LAG ON TO WWW.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE what's n ymur wallPl' QWIWOie, New Balance Minimum Payment Due Date $3,910.09 $260.09 Aug. 26, 2008 PLEASE PAY AT LEAST THISAMOUNT Amount Endosed 0 5291152219616501 01 3910090100000260099 Capital One Bank (USA), N.A. P.Q. Box 70884 Charlotte, NC 28272-0884 7957926 Illllllllllrll'Illll'Illlllilllllllllltllllll'Il'I'illll'IIIII'll REASE PAY AT LEAST TIM Ae]aJT You're behhI4 by two payments Lets talk If you're having financial difficulties, and can't make your mrnlmum payment • we want to help Lees work together to find a solubon Payments, Credits & Al*stments 1 08 JUL ELECTROPJIC PAYMEt`4r 8100 00- Transactions 2 25 JUL PAST DUE FEE $39.00 3 01 AUG CAPITAL ONE MO JTFLY MEMBER FEE $5.00 4 01 ALIG OVERUMIT FEE ALIG 01, 2008 $39.00 Under terms previously disclosed to you, soma or all of your Annual Percentage Rates (APRs) have been nchmed snce your account was past due twice in the past 12 billing cycles If yo r rates have already increased, subsequent delinquencies mclanded the duration of the increased rates Rennemeer If we receive your muattum monmy payment on time for 12 consecubie pilling cycles, the account will be reviewed for a possible return to your Non-Introd)clory APR. Yon account has gore over is credit limit To avoid additional overlent fees, please Fay enough to brig your balance below your credit ling immediately, and make sure you remain bebr your credit Imd Please be sure to account for any fuure purchases, fees, and (Rene charges You were assessed a past de fee because your mmmum payment was not recerved by the de dine To avoid this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Capdal One Account Number: 6501 Please print address or Phorhe number oranges below using blue or black ink home Plane Aftwate Phone E,mav7a*yrss O #9021539884604029# MAIL ID NUMBER DENNIS J ING JR 706 N PITT ST CARLISLE, PA 17013-1951 .III loll Hrl.lrHuI'll 1lllllhltilrlulrllJill lllltrllllrurrllrr 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. PROTHONOTARY CUMBERLAND CO CAPITAL ONE BANK (USA), N.A., Plaintiff, V. DENNIS J ING JR 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 ie£ Dated: U UZ_ Davina Johns A049 WELTMAN, WEINBERG & REIS CO., L.P.A. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION CAPITAL ONE BANK (USA),NA, Plaintiff, vV. DENNIS J. ING, NO.: 10-2037 1-9 Defendant TYPE OF PLEADING: AMENDED COMPLAINT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF TI [IS PARTY: Submitted by: Plaintiff Lyndsay E. Rowland, Esquire PA I.D. 205520 WELTMAN. WEINBERG & REIS CO.. L.P.A 1.400 Koppers Building 436 Seventh Avenue Pittsburgh. PA 15219 (412) 434-7955 WWR: 7957926 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL, DIVISION CAPITAL ONE BANK (USA),NA Plaintiff vs. Civil Action No. 10-2037 DENNIS J. ING, Defendant AMENDED COMPLAINT 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 SI IOULD TAKE: THIS PAPER TO YOUR LAWYER AT ONC I:. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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 AMENDED COMPLAINT AND NOW, comes the Plaintiff, CAPITAL ONE BANK (USA),NA and files a Amended Complaint, the following of which is a statement thereof. Plaintiff is CAPITAL ONE BANK (USA),NA, a corporation with offices in 15000 CAPITAL ONE DRIVE RICHMOND, VA 23238-0000. 2. Defendant, DENNIS J. ING is an individual residing at 706 NORTH PITT STREET, CARLISLE, PA 17013. At all times relevant hereto, Plaintiff was engaged only in those activities, including transacting business in interstate commerce, that shall not be considered to be doing business in this Commonwealth, as defined by 15 Pa. C.S.A. §4122. COUNT I-BREACH OF CONTRACT 4. The averments contained in Paragraph 1-3 are incorporated herein by reference thereto as though herein set forth at length. 5. The Plaintiff made an offer to the Defendant to open a credit card account by mailing a CAPITAL ONE BANK (USA),NA credit card, bearing account number 5291157333699713 and a written cardholder agreement which contained the terms and conditions of said credit card. A true and correct copy of the most recent terms and conditions of the credit card are attached hereto and made a part hereof as Exhibit "1." 6. Defendant subsequently accepted Plaintiff's offer to open the above credit card account by using said card to purchase goods, merchandise and services. 7. Defendant continued to use the credit card to purchase goods, merchandise, and services and take cash advances. 8. Each month, pursuant to the terms and conditions of the cardholder agreement, the Plaintiff sent the Defendant a monthly statement setting forth the charges and payments made, if any, by the Defendant and the applicable interest rate. A true and correct copy of Defendant's monthly statements dated March 2, 2008 -- May 1, 2009 are attached hereto and made a part hereof as Exhibit "2." 9. Pursuant to the terms and conditions of the cardholder agreement, the Defendant was required to pay the total balance due or in the alternative the minimum monthly payment as stated in the monthly statements sent to the Defendant. 10. Defendant made periodic payments on the account with the last payment made on the aforementioned account occurring on or about February 16, 2009 in the amount of $5.00. 11. Defendant breached the terms and conditions of the agreement between the parties by failing to pay the balance due. 12. Defendant also breached the terms and conditions of the agreement between the parties by failing to make the required monthly payment. 13. The balance due and owing to the Plaintiff on the aforementioned credit card account as of March 3, 2010 was $5,470.42. 14. Pursuant to the cardholder agreement, the Plaintiff is entitled to continuing finance charges on any unpaid balances as described in the cardholder agreement and set forth on the Defendant's monthly statement. 15. Although repeatedly requested to do so by Plaintiff, Defendant has breached the terms of the cardholder agreement by willfully failing and/or refusing to pay the principal balance, finance charges or any part thereof to Plaintiff'. WHEREFORE, Plaintiff demands judgment in its favor and against the Defendant, DENNIS J. ING in the amount of $5,470.42, with interest at the rate of 24.20% per annum from March 3, 2010 to date of judgment and costs. COUNT II-UNJUST ENRICHMENT 16. The averments contained in Paragraph 1 through 15 above, are incorporated herein by reference thereto as though herein set forth at length. 17. "A claim for unjust enrichment arises from a quasi-contract." Stoeckin eg r v. Presidential Financial Corporation of Delaware Valley, 2008 Pa. Super 95, 948 A. 2d 828, 99 (Pa. Super. 2008). 18. The elements of unjust enrichment are: "benefits conferred on defendant by plaintiff, appreciation of such benefits by defendant, and acceptance and retention of such benefits under circumstances that would be inequitable for defendant to retain the benefit without payment of value." Stoeckinger v. Presidential Financial Corporation of Delaware Valley, 2008 Pa. Super 95, 948 A. 2d 828, 99 (Pa. Super. 2008) citing Styer v. Hugo, 422 Pa. Super. 262, 619 A.2d 347, 350 (Pa. Super. 1993). 19. Defendant used his CAPITAL ONE BANK (USA),NA credit card to purchased goods, merchandise, transfer balances and services. 20. By making use of said card, the Defendant has had a benefit conferred upon him through the use and enjoyment of those goods, merchandise, balance transfers and services purchased. 21. Defendant, despite requests to do so, has willfully failed to re-pay the Plaintiff the principal balance, finance charges or any part thereof due, as set forth in the monthly statement, attached as Exhibit "2." 22. As such, Defendant has improperly retained the benefit(s) conferred upon him without payment of value in return to the Plaintiff. WHEREFORE, Plaintiff demands judgment in its favor and against the Defendant, DENNIS J. ING in an amount not in excess of the arbitration limits. t Lyh&a E°RaUland, Esquire PA I.D. 05520 WELT AN, WEINBERG & REIS, CO., LT.A. 436 Seventh Avenue Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 Fax: (412) 434-7959 WWR #7957926 cal. Welcome to Capital'One ................ --...:...................... .......... 1 Some Definitions ................................................................. .:.1 Account Agreement ............................................................ ...1 New Offers- ......................................................................... ...2 Account Information ........ ....:............ -.......................... ..... .... 2 . Credit Limits ............................................................................2 Using Your Card .......................................................................3 Rewards ............ ..... 3 ........ .......... ................... Using Your Access Checks ......... 3-4 Stopping Payment of Access Checks .................................. ....4 Using a PIN ......................... -....:................ ............... ........... .... 4 Authorized Users ............................................:.................. ....5 Removing 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 ............. 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 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- ....... ........................... ............. ....15 Election and Initiation of Arbitration .................... .... ........15-16 Procedures and Laud 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 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 Definitions. The meanings of the terms you see in italics appear in the Glossary Section. To make the Agreement easy to understand, we will also use the following personal pronouns: "You", "your" and 'yourself' mean each applicant and co-applicant for the Account; any person responsible for paying the Account; and anyone they authorize to use, access or service the Account. It also Includes an Authorized User as defined in the Glossary Section and as the language allows. "We," "us." "our" and "Capital One" mean 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: (1) this document; (2) all Statements; (3) all rewards Information and documentation if your Account has rewards; (4) our Privacy NDUces unless you are not entitled to one; these describe our limitations on sharing Information about you with others; (5) 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 (9) 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; (6) your employment information. You must tell us when this information changes. Please mail these changes to us at the address provided on our Statement. You may also update some of this information by logging onto your Account on our website or by calrutg 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 will 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 Billing 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 transactions 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, tires, 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 Account. We wit[ 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. It might take up to two Billing Cycles for your earned rewards to appear on your Statement. 3-4. Using Your Access Checks. When we provide you with Access Checks, we will tell you whether we will treat them as purchases, Balance Transfers, Cash Advances, or Spacial Transfers. Ordinarily, we treat Access 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 on any Access Check by contacting us as provided on your Statement. We may charge you a fee to stop payment as described In the Fees Section. If you tail 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 If we 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 Check 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 in 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 Informatlon 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 wilt have a reasonable amount of time after your request to research the situation and remove them. You During this time, you still will be responsible for all amounts they charge to the Account. You wit! be responsible even if these amounts do not appear on the Account until later. We may dose 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 Account. This includes amounts where you did not sign a purchase slip or other documents for the transaction. 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 StatemenL 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 Billing 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. 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 Bitting Cycle that includes the anniversary date of your Account opening. If it is a monthly fee, we may than charge it once per month in each Billing Cycle. This fee is payable in advance even if you do not use your Account. • Late Payment: Fee. We may charge you a fee if we do not receive your payment in time for us to credit it by the due date shown on your Statement. • Overlimit 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 of your credit limits during any Billing Cycle. • Return 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 institut o S n later pays it. • Returned Access k 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, overlimit, suspor 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 Stopping Payment of Access Checks Section. in Fee. We may charge you a per-page fee for copies of transaction documents or Statements unless they are required in resolving a • Co yq. 'cling 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 mail. 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: (t) 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 our 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. $ 9. Faster Payment Services. We may make services available that allow you to make faster payments using a telephone, the )nternat or other payment system. We will describe the terms for using these services before you use them. You o 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 ft. We may refuse to accept any payment made by someone else for your Account. If we accept a payment made by someone else 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 imaged result in it not being processed as you intended. 9. How We Apply Your Payments. We generally apply your payment to lower Annual Percentage Rate balances before higher ones. Please refer to your TTruth in Lending Disclosures for details on how 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 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; (6) we determine that you made a false, incomplete or misleading statement on any of your Account documentation, or you otherwise tried 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) dose 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 must 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 your Account 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 information 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 information. 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. We may close or suspend your Account and your right to obtain credit. We may do this at any time and for any reason, even if you are not in default. A suspension of your Account might be permanent or temporary. If your Account Is closed or suspended for any reason, you must stop using your Card. You must also cancel all billing 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 all amounts you owe on the Account, even if they are charged after your Account is closed 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 investigate, pursue and get reimbursement from the wrongdoer. Your help includes giving us documents that we ask for and that are acceptable to 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 we 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 tail you otherwise, all changes will apply to both unpaid balances on your Account and new transactions. 12. Governing Law. This Agreement and your Account 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 live 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 this 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. • "11MIng 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 Cyde 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. • "Cash 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. • "Statement' means a document or information we provide to you showing Account information Including, among other things, transactions made to your Account during a Bliflng 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. 13-18. Arbitration Provision. You and we agree that either you or we may, at either partys sole election, require that any Claim (as defined 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. 13-14. Special Definitions for this Arbitration Provision. For the purposes of this arbitration provision ("Arbitration Provision"), the following definition shat apply in addition to the definitions set?orth in this Agreement: "Claim" means any claim, controversy or dispute of any kind or nature between you and us. A. This definition includes, without Amltation, any Claim that in any way arises 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 arbitration) • 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 Is brought (for example, as an initial claim, counterclaim, cross-claim, interpleading 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 property 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. 1%Arbitration Administrators. One of the following arbitration administrators ("Administrator" or, collectively, "Administrators") will administer the arbitration: JAMS 1920 Main St., Ste. 3DD Irvine, CA 92614 www.iamsadr.com American Arbitration Assn 335 Madison Ave., Floor 10 New York, NY 10017-4605 www.adr.oro National Arbitration Forum P.O. Box 50191 kInneapolis, MN 55405 www.arbitratign-forum.mm You may contact any of the Administrators to obtain information about arbitration, arbitration rules and procedures, fee schedules and claim forms. 15-16. Election and Initiation of 40iitr?atoa. You or we may elect arbitration under this Arbitration Provision with respect to any Claim, even if the Claim is part of a lawsuit brow t nom. You or we may make a motion or request in court to compel arbitration of any Claim brought as part of any lawsuit. We will not elect or imtiate arbitration of any Claim brought In a small cialms court (or the equivalent), so long as the Claim 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 Oil 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 n Lgw soli lele in Arbitration. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed and en?orceabTe under the Federal Arbitration Act (the 'FAA"). Questions about whether any Claim is subject to arbitration shall 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 limitations, but the validity and enforcement of any class aeon waiver is a question for a court of competent jurisdiction, not an arbitrator, to decide. The arbitrator 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 Consolidation or Joinder of Parties,' below), but the award shall determine the rights and obfigetions 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. 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, "Administrator's 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 us to pay or reimburse you for all or part of the Administrator's Fees. We also will pay or reimburse you for all - or pad 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 will beer all of our respective fees and costs (Including the Administrator's 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 nor we may join, consolidate or otherwise bring Claims related to two or more accounts, individuals or accounthoiders 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. 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 majorl 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 jurisdiction. 18. Miscellaneous, Waiver, S v bIlh,Suryiyal. 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; (it) 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 litigation. eapi t10itwelai'(0-ne ®2008 Capital One is a federally registered service mark All rights reserved M-93465 COF Customer Agreement 005 FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date $3,530.94 - $160.00 * $80.07+? $122.60 ?=$3,573.61 $107.00 Apr, 26, 2008, Mar. 02, 2008 -Apr. 01, 2008 Page 1 of 1 ? AS[ P'f V L[JLT T''-AS N:ACI: r.T MasterCard Platinum Account szet-1522-teat-6SOt Your Account Information TOTAL CREDIT LINE $3,65000 TOTAL AVAILABLE CREDIT $76.30 CREDIT LINE FOR GASH $3,650.00 AVAILABLE CREDIT FOR CASH $76.39 j Finance Charges (Please see reverse for important information) Balance rate Pe-IOdh: Corresponding FINANCE applied to rate APR CHARGE Purchases S3,5?K306 007189%P 2524% 580.07 Cash 9000 0 07189% P 26.24% $000 ANNUAL PERCENTAGE RATE applied th is period: 26.14% Q At Your Service 1410080-M7 To cd CAbnw PAbams or b report a bst or stobn cad Payments Credits & Adjustments 1 17 MAR ELECTRONIC PAYMErdT 5100 00- 2 01 APR ELECTRONIC PAYMENT S6000- Transaction5 3 02 MAR FIRST AMER HOME BUYER VAN NUYS CA 540 30 4 07 MAR MASTER BUILT COLUMBUS GA 52515 5 16 MAR PAYPAL'AMYFORFUN 4029357733 CA S12 45 5 26 MAR PAST OUE FEE S39 00 7 01 APR CAPITA- ONE MOt•TTHLY MEMBER FEE 5500 Jade, terms previously disclosed to you, some or all of your Annual Percentage Rates (A-Rs) have been noosed sinus your account was past due Avrx ru the past 12 bilrg eyJas If your rates have already increased, srbser}ent delrrr})encies extend the duration of the increased rates Remember It we receive your minimum monthly payment on time for 12 consecutive billing cycles, this aocount will be reviewed for a possible return to your Non-Introductory APR. You were assessed a cast due fee became your minimum payment was not received by the due date To avoid this fee in the future, we recommend that you allow at least 7 business clays for your minimum payment to each Capital One 0 Send payments to: Outital Ora 0k(UBA),NA - P 0 Oca 70984.0 urbM, NC 282.'2-D884 A Send Inquiries to: Capital Oran P 0 Bolt 30285, Sall L" City, UT 81130-M5 G Hm a question about a charge on your statement? Please refer to the Biling Rights Summary on the back of your statement or visit www caoltabne conJdispules PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW CAPIfALONE COM TO MAKE YOUR PAYMENT ONLINE 0 5291152219616501 01 3573610060000107006 tl.apatralQf'u vrhat'?.n'your wallets Account Number. 5291-1522.1961-6501 New Balance Minimum Payment Due Date Please print address or phone number charges below using blue or black ink $3,573.61 $107.00 Apr. 26, 2008 Address PLEASE PAY AT LEAST Home Phone Alternate F5'vm THIS AMOUN T E-mm7addirss Ca Amount Endosed f Capital One ak(USA),NA P•0. Box 70884 Charlotte, NC 28272-0884 7957926 #9009339884604020# MAIL ID NUMBER DENNIS J -NG JR 706 N PITT ST CARLISLE, PA 17013-1951 Please write your account number on your check or money order made payable to Capital One Bk(USA),NA and mail with this coupon in the enclosed envelope. f FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date $3,673.51 $60.00 + $78.01+? $123.00 83,714.62 $158.00 May. 26, 2008 Apr. 02, 2008 - May. 01, 2008 Page 1 0( 1 ---- r. RS= M`! FS CAST TRS MasterCard Platinum Account 5281-1522486141501 Your Account Information TOTAL REVOLVING CREDIT LINE 53,650.00 TOTAL AVAILABLE REVOLVING CREUI I $0.W CREDIT LINE FOR CASH $3,650.00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please see reverse for important information) Balance rate Periodic Corresponding FINANCE applied to rate APR CHARGE 'urchases 53,61720 0OT189%P 26.24% S7801 Cash $0 00 0 07189% P 26 24% $000 ANNUAL PERCENTAGE RATE applied tills period: 26249. Q At Your Service 1400803.1637 To cal customer Ralebcns or b report a b5t or doom card 0 Serd payments lo: Ctpilal One Ok(USA),HA • P 0 Bad 70684 • ChatAte, NC 28272-0884 A Send Inquiries to: Curial One' ? 0 Box 30285 - Sal We City, UT 81130-0285 Q Have a question about a charge on your sfatenrent7 Please refer to the Biing Rights Summary on the back of your statement or visit wwwaspltelone.corr?diseutea You're behind by one payment Remember that paying the minimum payment by the due date keeFo your account current. So make sure you send in the minimum payment to keep your aunt current. Payments, Credits & Adlustments 1 11 APR ELECTRONIC PAYMENT S0000- Transactions 2 02 APR FIRST ATv1ER HOME BUYER VAN NUYS CA S4000 3 26 APR PAST DJE FEE 539 00 4 Ot MAY CAPITA- ONE MU^JrHLY MEMBER FEE So 00 5 01 MAY OVER'_IMT FEE MAY D1, 20.08 S3900 Under terms previously disclosed to you, some of all of your Annual Percentage Rates (A'Rs) have been increased sure your account was past dua twice in the past 12 oiling cycles If your rates have already increased, subsequent delinquencies extended the duration of the increased rates Remernow If we ,eceNe your minimum monthly payment on time for 12 consecutive billing cycles, this account will be ,eviewed for a possible return to your IWn-Introdlcta'y APR. Your account has gone over its credit limit To avoid additional over6md fees, please pay enough to bring your balance oebw your credit Iirmll Immediately, and make sure you remain below your credit limit 'lase be sure to account for any future purchases, fees, and finance charges You were assessed a past due fee because your minimum payment was not received by the due date To avoid this fee in the future, we recomlmond that you allow at east 7 business days for your mlrimurn payment to reach Capital One PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO VW WV CAPITAL04E COM TO MAKE YOUR PAYMENT ONLINE Capj1W0iw ,vhate,nyourwarreta 0 5291152219616501 01 3714620060000158003 New Balance Minimum Payment Due Date $3,714.62 C $158.00 May. 26, 2008 i . `- - PLEASE PAY AT LEAST f HIS AMOUNT Amount Enclosed (- _-j Capital One Bk (USA),NA I)III')tl??l?ll I?111 ?? P.O. Box 70664 Charlotte, NC 26272-0664 7957926 ?I llrurl 111 ll l??II r?HII?nIIIIII?II IIIIIII II?II II1IIIuH)n Account Number. 5291-1522-1961-6501 Please print address or phone number changes below using blue or black ink Home Wrone Alternate Wane E-rnm7aJJias p #9012339884604025# MAIL ID NUMBER DENNIS J ING JR 706 N PITT ST CARLISLE, PA 17013-1451 rnIIIII I IIInrnIIII I IIrnIIIIIII I IIIIunIIIInuIIrniII I Please write your amount number on your check or money order made payable to Capital One Bk(USA),NA and mail with this coupon in the enclosed envelope. FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date $3,714.62-? $200.00 * 1W.36 $84.00 _$3,682.98 $110.00 Jun. 27, 2008 May. 02, 2008 - Jun. 02, 2005 Page 1 of 1 --- -- .'tnSL rKY n- LDS7 L ]IS A111r. 1.1 MasterCard Platinum Account ? Pay ments, Credits 8 Adjustments 529145?21981-ffi01 1 09 MAY ELECTRONIC PAYMENT S100 a Your Account Information 2 23 MAY ELECTRONIC PAYMEr•J S10000- TOTAL REVOLVING CREDIT LINE $3,650!00 Transactions TOTAL AVAILABLE KEVOLVING CKEDI 1 $0,1JO - 3 --- - 15 MAY FIRST AMER HOME BUYER VAN NUYS CA 54000 CREDIT LINE FOR CASH $31650.00 4 02 JJIN CAPITAL W MOPTTHLY MEMBER FEE 55.00 AVAILABLE CREDIT FOR CASH $0.00 5 02 J-91 OVER'_IMIT FEE MAY 17,20% 53900 Finance Charges (Please see reverse for Important nformabon) 6alarce fate Penock Corresponding FINANCE applied to rate APR CHARGE 'urchases S3,66707 0 0718A P 2524% $8436 Cash SO 00 0 07189% P 26.24% S000 ANNUAL PERCENTAGE RATE applied this period: 2824% Q At Your Service 141110803-M7 To cal Qabmr Pala s or to report a bst or so7M1 cad 1Q? 0 Serd payments to: : Wtal0ro WXjA),NA , P 0 Ouc 70884 • Clwblts, NC 28212-M A Send Inquiries to: ow 10 90c 30285 • Sall Ldw aly, UT 84133-0285 Q Have a question about a charge on your statement? Please refer to the Bilrg Rights Summary on the bac , of your statement or visit www =itakm.=Wdisojtw PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ONTO W WW CAPnALONE CUM TO MAKE YOUR PAYMENT ONLINE capITdi( rw I what', ?n Pour WA110 ' 0 5291152219616501 01 3682980100DO0110008 New. Balance Minimum Payment Due Date $3,682.98 -,$110.00 Jun. 27, 2008 PLEASE PAY AT LEAST I HIS AMOUN I Amount Endosed Capital One BK(USA),NA P.O. Box 70664 Cnarlotte, NC 28272-0684 7957926 ilrilurrirnirurrlilriruii(rirririNir(irriirrillirlunln Account Number. 5291-1522-1961-6501 Please print address or phone numtrer changes below using blue or black ink. Home Krone AlteMate gww E-nra/7bd(hej9 g) #9015539884604027# MAIL ID NUMBER DENNIS J ING JR 786 N PITT ST CARLISLE, PA 17013-1451 I n I I I n n I I I n n n n I I I I I I n n n I I I I I 119 111111111111111111111111 Please write your amount number on your check or money order made payable to Capital One Bk(USAA),NA and mail with this coupon m the enclosed envelope. FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date -- $3,682.98 $0.00 + $76.96 + $83.00 $3,842.94 $225.00 Jul. 25, 2008 Jun. 03, 2008 - Jul. 01, 2008 Page 1 of 1 MasterCard Platinum Account 5291.1522.19914.991 Your Account Information TOTAL REVOLVING CREDIT LINE $3,650.00 TOTAL AVAILABLE REVOLVING CREDIT $000 CREDIT LJNE FOR CASH $3,65000 AVAILABLE CREDIT FOR CASH $000 PLEAM K%1 aT IFAA n/1S 4VAN? Ycd,e behirrJ W one payment. Remember that paying the minimum payment ay the due date keeps your account current So make sure ya send in the minimum payment to keep yaur a=unt current Payments. Credb & Adjustments Transactions 1 21 JUN PAST DUE =EE S3? 03 2 01 JJL CAPITAL DNE "JTHLY MEMBER 7EE 5500 3 01 JJL OVERLIMIT =EE. JJL 01, 20D8 53900 (final-e Charges (Please see reverse for important information) Balance rate Periodic Corresponding FINANCE applied to ale APR CHARGE Purcgs-as 53,72683 007121%P 25.99°% 576.96 Cash SO OD 007 121% P 25.99% sow ANNUAL PERCENTAGE RATE applied this period: 25.98% I--- 1400?3363T Q At Your Service to cal l]lsicxlha" RaHc s Drip inpst a pint a si?4r, cad 1Q/ 0 Send payments to: :mortal One Bk(USA),44, • P 0 eox T%U • rnarbrt, Nc 28272-08M A Send Inqutrles to: (; ptel oro f D '3m 3M5 - Sat Lake City, Ur 84130-M G Have a question about a charge on your shdenrent? Please refer to the Billing Rights Summary on the back of your statement o, visit www.;ap(QIcmcDm/*Putes Under terms previously disclosed t you, some x at of your Annual Percentage Rates (APRs) have been nc,eased since your account was past due twice in he past 12 piling cycles If your rates have already increased, suibsequet deflrq.enaes extended the dxabon of fia vrFeased rates Remember if we receive your minimum monthly payment on lame for 12 =wcuWe bung cycles, this account will W reviewed for a passible return b your f•lal Mr dLctory APR Yolx a=unt has gone over its credit limit To avoid additional rwlrW fees, please pay anougn to brag your balance below your credit limit immedately, and make sure you remain below your credd limit Please be sure to accoiunt to any fAire purchases, fees, and finance charges You were assessed a past due fee because your minimum payment was rat received by the due date To mod this foc in the [afore, we rooommerd that you allow at last 7 pusriess days for your minimum paymenl to reach Capital Cne PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WNWJ CAPfrALONE.COM TO MAKE YOUR PAYMENT ONUNE /''. 0 5291152219616501 01 384294010D000225001 C 3phalolle (tih 1'( yp,,, wTIIPt Account Number. 5291-1522-1961-6501 New Balance Minimum Payment Due Date Please print address or Phone number changes below using blue or black. ink $3,842.94 $225.00 JUL 26, 2008 d'eST - r'LEASE r AY AT LEAST None Fhone _ A/rernew Phone THIS AMOUNT _ E-mai/addres_s`__-_-_-___-_ - ?! Amount Endosed - - ' #9018439884604027# MAIL ID NUMBER DENNIS J ING JR 706 N PITT ST Capital One Bk(USA),NA II I IIII I II CARLISLE, PA 17013-1951 P.O. Box 70684 r ii ru i rri ii r Charlotte, NC 26272-0884 7957926 irriri?rritrrirurhririi,mrninirinirhirrnnirtirrntrrii Please write your account number on your daed( or ninny order made payable to Capital One BK(USA),NA and mail with this coupon in the enclosed envelope. FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date $3,842.9 - $100.00 } $84.15 * $83.00 $3,910.09 $260.09 Aug. 26, 20081 Jul. 02, 2008 - Aug. 01, 2008 Page 1 of 1 PLEASE PAY Ar (FAA THIS MULINT MasterCard Platinum Account 52814572-18818581 Your Account Information TOTAL CREDIT LINE $3,650 00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $3,650.00 AVAILABLE CREDIT FOR CASH $0.00 1 Finance Charges (Please see reverse for important information) Balancerate Periodic Corresponding FINANCE applied to ate APR CHARGE Purchases $3,81191 0 07121% P 25 99% 58415 Cash SO 00 0 07121% P 25 99% 50.00 ANNUAL PERCENTAGE RATE applied this period: 25.88% i1h At Your Service - Go to vmw.caoitebro.oom to mare your account, a WL 1Z5M335371v report a Lni or stolen cad w speak to CLslorur Ret3hP,s ® Pay OnBne of www.cWWlx s.com or rml)ar PwTwvt 10, C W l Ore Be* (USA), NA - P 0 Had 70884 - Ohaioth, PIG 25272-0884 A Sad Inquiries to: Cvtal 0,io, P D Elm 30295 • Sat Law Oty, Ur 84130-Mli Q Have a question about a charge on your statement? Please refer to be Billing Rights Summay on the back of your statement or visit www.capdalone.com/disputes You're behindW tyro payments Lt's talk If you're having financial diffioulfleo and can't make your minimum payment - we wait to ?ie¢ Lers work together to fird a sdu6un Payments, Credb & Adjustments 1 OB JUL ELECTRONIC PAYMEPJT 5100 00- Transactions 2 26 JUL PAST DUE TEE S3900 3 D1 AUG CAPITAL ONE MONTHLY MEMBER =EE 55.00 4 01 AUG OVERLIMIT FE-- AUG01, 2006 S3900 Under terms previously disclosed to you some or all of your Annual Percentage Rates (APRs) have been increased since your account was past die twice in the past 12 tiling cycles If your rates have already Increased, sulbseWent delln ci ences extended the duration of the increased rates Remember If we receive your minimum monthly payment on time for 12 consecutive billing cycles, this account will W iedewed fa a pLasbte return to your Nor -Introdrebry APR You a count has gone over its aedil limit. To avod additional "Irnrt fees, please pry e'rough to big your balance below your credit limit mmediately, and make sure you remain below your credit limit Please be sure to account for any future purchases, fees, and finance charges You were assessed a past due fee because your minimum payment was not received by the due date To avoid this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach CEprhal One PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WM CAPITALONECOM TO MAKE YOUR PAYMENT ONLINE 7957926 0 5291152219616501 01 3910090100000260099 C-Wlwaie" Account Number. 5291-1522-1961-6501 New Balance Minimum Payment Due Date Please print address or phone number changes below using blue or black ink 53,910.09 \I $260.09 `A19. 26, 20W wren ---- J PLEASE PAY AT LEAST 7kme Phax - -- Ntemate ffwv - -------- THIS AMOUNT ------ Amount Endosed #90215398846040294 MAIL ID NUMBER DENNIS J ING JR 706 N PITT ST Capital one Bank (USA), N.A. CARLISLE, PA 17013-1951 P•0• Box 70664 Charlotte, NC 26272-0864 '1111.1111.1.1.1111111'I1111111111'III"11111111111'IIII'11"II" 11111111111'11'11111'IIIIIIIIIIIIIIIl11111111.11'I'11111'II111i11 Please write your account number on your payment rnade payable to Capital One Bank (USA), NA. and mail with this wupon in the enclosed envelope. FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date $3,910.09 -? $285.00 + $82.39 1+? $44.00 =I $3,751.48 $112.00 Sep. 26, 2008 Aug. 02, 2008 - Sep. 01, 2008 -- Page 1 of 1 MasterCard Platinum Account 111 SL ' - U ILSI 1X15 AMMIJ payments Credits & Adjustments 5291.1572-1881-0501 , _ 1 04 AUG CAPITAL OtJE (YJUItIE ACH PA AuthDaW D3Ui JG - -- - $135.00- Your Account Information 2 14 ALIG CAPITAL OPJE OfJLINE ACH PA AuthDate 13-A UG S15003- TOTAL CREDIT LINE $3,65000 Transactions TOTAL AVAILABLE CREDIT CREDIT LINE FOR CASH $0.00 $3 6b0 _ -- ----- - - - 3 01 SEP CAPITAL ONE MONTHLY MEMBER =EE - -- ---- 55.00 AVAILABLE CREDIT FOR CASH $000 j 4 01 SEP OVERLIMIr=EE SEP 01, 2006 53900 Fnanee Charges Please see reverse for important information) ? Balance rate Periodic Corresponding FINANCE appbed to rate APR CHARGE Purchases $3,73221 007121%P 2599% S839 Cash SO 00 007121%P 2599% 90W ANNUAL PERCENTAGE RATE applied this period: 25.8801 Q At Your Service - Go to WAW.aeotaixismn to maW47e your wmwt, x ad 1-M 03.3637 b?wA a lost P- sL;6 Mda-*,mk WCuW11. ReMois 0 Pay Online alwwrrmg1breoom orrregarpaymentb: Capital One Bak(USA),NA -P0 bo- TOW - Onabis,NC M72-0684 Send inquiries to: 03ptal Ow P 0 Sac 302% • Set Lake City, UT 84130-0 5 Q Have a question about a charge on your stilt immV Please refer to the Billing Rights Summary on the back of your statement or visit wwwbrre.oan/dlsoutes Your a=unt has gone over its credit limit, To avoid additonai overlrntlt teas, please pay enough to brig your balance below your credit limit immedatey, and make sure you remain below you, aedit limit Please be sire to account for any faWre purchases, fees, and fiance ctnargee PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WVVW CAPITALONE COM TO MAKE YOUR PAYMENT ONLINE 7957926 0 5291152219616501 01 3751480150000112002 Account Number. 5291-1522-1961-6501 New Balance Minimum Payment Due Date Please print address or alone number changes below using blue or blxk ink $3,7511.48 ( $112.00 Sep. 26, 2008 ,--_-.--- 'LEASE PAYAT LEAST Home Plwm ,Wtemate phone ------ - THISAMOUNi ___ Finad addmss Amount Enclosed J #9024639884604024# MAIL ID NUMBER DENNIS J ING JR 706 N PITT ST Capital One Bank (USA), N.A. CARLISLE, PA 17013-1951 P.O. Box 70884 Charlotte, NC 28272-0884 11111'1'I1 "''I'llIIP111110-111.11. 11'1"111'11""1'1'Illlll'I IIh11NIll. 11.11111'11111111111111111111 Jill. d'I'nPl'u9 .11 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. FINANCE Previous Balance Paymentr & Credits CHARGE Transactions; New Balance Minimum Payment Due Date $3,751.48 - $70.00 + $79.79 ??+ $8W100 $3,844.27 $194.27 Il OCt. 27, 200E Sep. 02, 2008 - Oct. 01, 2008 Page 1 of 1 %FASE Far AT LEAST THIS 413UNI MasterCard Platinum Account You re behind by o he payment. Remember that paying the mramum payment 5y the due date keeps your 5291-1522.IM4501 aaxwnt current So make sure you send in the minimum payment to keep your ac cunt wrrerht Your Account Information payments, Credits 1, Ad ustments TOTAL CREDIT LINE 53,65000 1 05 SEP CAPITAL ONE ONLINE ACH PA AUthDate 06•S EP S7003. TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $3,650.00 Transactions AVAILABLE CREDIT FOR CASH $000 2 26SED PAST DUE FEE 53900 _ 3 01 OCT WITAL ONE MONTHLY MEMBER FEE S500 -- _-? 4 01 OCT OVERLIMIT ;=EE OCT 01, 2008 53000 /Finance Charges (Please see reverse for rmportanl nfamatgn) Balancerate Pencdic Corresponding FINANCE applied to rate APR CHARGE Purchases S3,734 B7 0.07121%P 25.99% S7979 ( Cash 30 CO 007121% P 2599% $0 OD ANNUAL PERCENTAGE RATE applied this period: 25.99% Q At Your Service - Go t) www.oaoitab *=n to ritw9a yon t>rcoux, a DA 14DOM33637 b repot a lni or sio6n Lad rr speak It, 0'stv- R8611109I; 0 Pay Onkne al ww.cattebrhe.oorn or malyo r pay ahl b: Cap" Ora Bak (USA), NA - P 0 8m TIOW r Ohebthe, NC 26272-1063 Send Irequiries to: Oaptal Ore- P 0 axc X295 - Set L" Qty, Uf 841380265 Q Have a questlon about a charge on your stabemenCd Please refer to the Billing Rights Summary on the Eck of your statement or milt www.ceMabne can/dsautes Linder terms previously disclosed b you, some or all of your Amual Percentage Rates (APRs) have been Increased sire your account was past dos twice n the past 12 billing cycles If your rates have already increased, subsequent deingenaes a Larded the duration of the increased rates Rerr ember If we receive your minimum monlhy payment on IFme to 12 corSe .we bllirlg cycles, this accounl will be reviewed for a possible return to your Non-Introductory APR Your account has gee over INS credit limit. To avoid addlional owIrM fees, please pay enough to brag your balance below your credit limit immediately, and make sure you remain below you, credit limit Please oe sire to account for any future purchases, fees, and finance charges You were assessed a past die fee because your mmnum payment was not received by the due dale To avoid this fee in the (afore, we recommend that you allow at least 7 business days for your minimum payment to reach Gapdal One PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO VWWV.CAPRALONE.COM TO MAKE YOUR PAYMENT ONLINE 7957926 1 5291152219616501 01 3844270070000194273 CapftaS(?i1c- Account Number. 5291-1522-1961-6501 Save the land tend a hand Due Date New Balance Minimum Payment Amount Enclosed . . Manage your account online today- ?? ( l? 00t- 27, 2008 $3,844.27 $194.27 ? ? ? it's fast, easy and secure. __J ? ? O Pay crime anytime-no more checks, titanp5 or rl,tltN, PLEASE PAY AT LEAST THISAMOUNNT T THI Q W-eq? Change your address online or oo (ne hacF 0 FIdp v-e the planet Go paperless #9027639884604021# Q S?qn up at www Capnalone Coll DENNIS J ING A 706 N PITT ST Capital One Bank (USA), N•A• CARLISLE. PA 17013-1951 P.O. Box 71D63 "{Illlllll{'l1{'{{'I'11"{l{?1{I'?L111{.ILL"{nil{1'111{{11 Charlotte, NC 26272-1063 I??rlhrlr'dll?{"?Il'Ill{Ilhddr{'II?J"I{IIII'llll'{I'??II Please make the is payable to Capital One Bank (1.154 NA and mail with this coupon in the endosed envelope. FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date $3,844.27 - $0.00 * $85.95 $44.00 = $3,97422 $324.22 Nov26, 2008 Oct. 02, 2006 - Nov. 01, 200B Page 1 of 1 PLEASE PAY AT LEW Tars M1JUNT MasterCard Platinum Account 52814522.18814501 Your Account Information TOTAL CREDIT LINE $3,66000 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $3,650,00 AVAILABLE CREDIT FOR CASH $000 FlnanGe Charges (Please see reverse for important information) Balance rate Periodic Corresponchn FINANCE applied to rate APR CHARGE Purchases $3,89333 007121%P 2599% S86.95 Cash $0 00 0 07121% P 25.89% 9000 ANNUAL PERCENTAGE RATE applied IJs period: 25.111 e eAt Your Service - Go b ymmraiptabre.mm to macaw you sc=ud, or OA 1-00.9033631 to report a Wi or stolen cad a' Vat* to LLstoma RAibns 0 Pay Online at mw osodabns.corn or man par Pay?wnt b: Cap" Ore Be* (USA), NA - N 0 Bad 71063.Onabtb, NO 26272.1063 A Send Inquiries to: :aprtal Ore- P 0 Box 30285 - Sat Lairs Oly, Uf 84130-0285 Q Have a questbn about a ,huge on your statenmtl Please refer to the Billing Rights Summary on the taJ of your statement or visit www.mpolpremmIdI Ya)re behind by two payments Let's talk If you're having financial difficutbes and can't make your m"mum payment . we want tD h* Lets work togetIner to find a Solution Payments, Credits & AdLstments ---,----- -_ Transactions 1 27OCT PAST DUE FEE- -- -- - - - - $3900 2 01 NOV CAPITAL ONE MONTHLY MEMBER =EE 5500 Under terms prevoLo disclosed b you, some or all of your Annual Percentage Rate, (APRs) nave own rrc,eased snce you, account wes past die twice n the past 12 billing cycles If your rates have a6eddy rnceased, suosequent delingLenaes extended the duration of the increased rates Remember If we receive your minimum Tlbnthly payment on time for 12 carse:utue bitting cycles this account will be renewed fa a possible return to your NarlntrLdrelory APR You account has gore over its credit limit. To avoid additional sverlmd fees, you should pay more Iran the Minimum Payment Please ney enough to brrg your account call below your credit limit mmedratey, and make sure you account balance remains below your crest land Please, be sue the amount you pay accents for any future purchases, fees, and fiance charges You were assessed a past due fee because your minimum payment was not received by the due date To avoid thrs fee in the future, we iacornmend that you allow at least 7 business days for your mrumurn payment to reach C vatl One PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONECOM TO MAKE YOUR PAYMENT ONLINE 1 5291152219616501 01 3974220070000324228 7957926 Account Number. 5291-1522-1961-6501 Lend a hand Save the land Due Date New Balance Minimum Payment Amount Enclosed . . Manage your account online today- Nov. 26, 20081 $3,974_2 2 j $324-22 _ it's fast, easy and secure. _ _ online nnyt -no more ,heck,, stamps or clutter PIF PAY AT LEAST THI5AM0UNT iHI V-,n 9 1 Chand ce yo., address onli ne or c on the ock ? Hclp save the planet Co papcrless #9030739864604024# srge up at veww caprtalonc corn DENNIS J ING JR 706 N PITT ST Capital One Bank (USA), N.A. CARLISLE, PA 17813-1951 P.O. Do, 71083 1"?'Il??rl.11'I?'?I'I'1?"???lll?'I?.Il r??lllll??l?lll?llll'??11 Charlotte, NC 26272-1083 Please make checks payable to Capital One Bank (USA), NA and mail with this coupon in the enclosed envelope. FINANCE Previous Balance Payments & Credits _ CHARGE Transactions New Balance Minimum Payment Due Date i $3,974.22 /-? $0.00 $85.79 $44-00 $4,104.01 $454.01 Dec. 26, 2008), Nov. 02, 2008 - Dec. 01, 2008 Page 1 of 1 -- SLBSE Par W 1naS MTOUNT MasterCard Platinum Account SM-1522.1961 M Your Account Information TOTAL CREDIT LINE $3,65000 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $3,650.00 AVAILABLE CREDIT FOR CASH $000 Finance Charges (Please see reverse for rmportant ntormatmx Balance rate Periodic Conespondirrg FINANCE applied to rate APR CHARGE Purclases 54,01570 007121%P 25.99% $8579 Cash SDCO 007121%P 2599% 9000 ANNUAL PERCENTAGE RATE applied this period: MW. Q At Your Service - Go b www.owits na oom w mama yw ao=n, a alt I-==33%37 w rup rt a w or sbkn cad u speak to CLstoiren Rslalons Pay Onlro at yew.w.cawmbrre.=n or mat yon papnent w. Cap" One Bak (USA), NA v P 0 t30x 71083 v Oerbae, NQ 28272-1083 A Sand Inquiries to; Cigtal One- P 0 awe 30285 - Sd Ldw Qty, UT 84130-0x15 ® Have a question about a charW on your smlemerrtl Please refer to the &llirg Rghts Summary on the bask of your statement or mil ww? bne.can/cisoutes callio 1( "I Yo(f,e behind by three payments But you can bring your account current W paying he minimum payment amount on your statement If you're hawng financial difficube-, and you?re feeling overwhelmed - we want to help Ghe one of our associates a -,all at I WO X65 66X You'd be surprrsed what we can do together l0 work I* out. Payments, Credits & Adjustments Transactions 1 01 DEC CAPITAL ONE MONTHLY MEMBER FEE s5m 2 01 DEC MRLIMIT FEE DEC 01, 2008 53900 Under terms previously disclosed b you, some or all of your Annual Percentage Rates (APRs) have been increased 3nce you, account was past die twice in the pest 12 billing cycles If your rates have already rrc,eased, subsequent delinquencies extended the dration of the increased rates Renumber If we receive your mrnm.im monthly payment on trine for 12 consecatue tolrg cycles, this axaunt wtl be renrwed for a possble relum to your Non-Introductory APR You account has gore over is oredit limit. To ervod additional overlmd fees, you should pay more ton the Minimum Payment Please pay enough to brag your account oalance below your credit limit mmedraley, and make sure your account balance remains below your credit limit Please be sure the amount you pay accounts fa any future ourchases. fees, and finance charges PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOO ON TO WWW.CAPHALONE COM TO MAKE YOUR PAYMENT ONUNE 1 5291152219616501 01 4104010070000454011 Lend a hand. Save the land. Manage your account online today- it's fast, easy and secure. ® Pay nrhne anytime-no wore check,, stamps or clutter © Mw-91 ehenge your addrev online or on Ute bacl. © HOp save the planet Go paperless © Sign up at www -p lalor,c cola Capital One Bank (USAy, N.A. P.O. Box 71083 Charlotte, NC 26272-1063 uIIlPrlllrrnhlrhrlllPllrrllnlrrllrlrllhllrrlllllid'INI Account Number. 5291-1522-1961.6501 Due Date New Balance Minimum Payment Amount Enclosed Dec. 26, 2008) L $4,104.01 $454.01 L PLEASE PAY AT LtAST THIS AMOUNT #9033739884604021# DENNIS J ING JR 706 N PITT ST CARLISLE, PA 17813-1951 'IIIIIIII'lel??lllllrllll?r'llr?llrrlllrirrll?rlllldrll?11 7957926 Please make checks payable to Capital One Bank (USA), NA and mail with this coupon in the enclosed melope. Previous Balance Payments & Credits FINANCE CHARGE Transactions New Balance Minimum Payment Due Date 104.01 $227.00 1 + $85.24 $4 $44.00 $4,006.25 $356.25 Jan. 27, 2009 , , Dec. 02, 2008 - Jan, 02, 2009 Page 1 of 1 _ PLEASE 'AY AT LEAST THIS AATJUNT j MasterCard Platinum Account Yahe behind by Ulo payment-, Lens talk If you e havnlg fir algal dlfficuR e a d can't make your 5M4522.1W4l501 ni"MUm payment - we want to n* Lets work ta3etner to frd a Solution Your Account Information payments, Creel-Rs & Adjustments TOTAL CREDIT LINE $3,65000 1 15 DEC CAPITAL ONE ONLINE ?YMT AuthDate 15-0 EC $227 00. TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR GASH $3,650.00 Transactions AVAILABLE CREDIT FOR CASH $000 , _ -- 2 D2,1AN -CAPITAL .R•IEMOPJTHLYMEMBER =EE 3500 t - - % 3 02 JAN OVERUMIT EE JA 102, ">V X) t ( t f l C / Under terms previously disclosed b you, same or all of your Amaral Percentage Rates (APRs) have been un ama on) or rmpor an harges (Please see reverse Finance wnaesod since your account was past due twice In the past 12 billrg cycles If your rates have already Balance rate Parodic Comespondng FINANCE increased, subsequent delingrencres ederdad the daatnn of the increased rates Rianernber If we CHARGE applied to ate APR receive you minmum monlhy payment on time for 12 consecutive oiling cYzles, this account well be Purchases $4,01110 0 05641% P 2424% $86,24 reviewed for a pmble return to your Non, IntroUvy APR Casa S000 0 00641 % P 24249/o 9000 Your a=unt has gone over its credit limit, To avoid aditorral overlrrut fees, you should pay more than ANNUAL PERCENTAGE RATE applied this period: 24.24% the Minimum Payment Please pay enough to brig your account oaance below your credit limit - immediately, and make sure your account balance remain below your credit limit Please be sure the llrtk At Your Service - Go to mg.9 of abrbaorn m mawgeyar amount, amount you pay accounts for any future purchases fees, and finance cha ges - or Wt 1.800,9033037 to pt a lost or 4*n cad crW wtTC.0- Raw rs Pay Gnine at mwY cao tWx*.can or mail your Paynrant t; Captal one Berk (USA), NA I P 0 Box 71D53 • Ruby, NO 0 26272.1083 Sorel Irquiries to: aptal Ore- P D 3x 30285 - Sd L&e City, UT 841340265 A Have a question about a charge on your statement? Please refer to the Billing Rights Summary on the back of your statement a vlsA wwwe corn/dlsoutes PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WvWV.CAPITAIANE COM TO MAKE YOUR PAYMENT ONUNE 1 5291152219616501 01 4006250227000356255 Capftal 1L, Account Number. 5291-1522-1961-6501 Lend a hand. Save the land. Due Date New Balance Minimum Payment Amount Enclosed Manage your account online today- it's fast, easy and secure. Jan. 27, 2009 L006 .25 $356-25? any online anytime--no mmr che:kc, stamps or clutter PtFi1SEPAYAT LEAY Q Movmg7 Change your address online o, on the h-k THISAMOUIVT 0 -lclp lave the planet Go papcrless #9000339884604029# O 3,q, up al w.. casmalonc Caro DENNIS J ING JR 706 N PITT ST Capital One Bank (USA), N.A. CARLISLE, PA 17013-195L P.O. Box 71063 'It'lltl'111111"11'lltttl"1..1111'11111"Illltl'llltttllll'Ittl Charlotte, NC 28272-1063 1111111'111"nhl'11.111P11" Ilnh"11'1'111'11"Illllld'l111 7957926 Please make checks payable to Capital One Bank (USA), NA. and mail with this coupon in the enclosed envelope. FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date $4,006. 5 -I? $0.00 * $83.31 $44.00 $4,133.56 $483.56 Feb. 27, 2009 Jan. 03, 2009 - Feb. 02, 2009 Page 1 of 1 % s vLLasE etc ar tr,W rNis w.nuwr MasterCard Platinum Account 5291.1522.18818501 Your Account lydb ntadon TOTAL CREDIT UNE $3,650 00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $3,650.00 AVAILABLE CREDIT FOR CASH $000 (,Finance Charges (Please see reverse for important information) Balance rate Periodic Corresponding FINANCE applied to rate APR CHARGE Purchases S4,04557 0.06641%P 2424% 53331 Cash SOX 003041%P 2424% $0.00 ANNUAL PERCENTAGE RATE applied this period: 24.24% At Your Service - Go m bwvw.aeoitebre.oom to marap your w=urlt, or Obi 1-800.9033637 to repot d bd or sign cad or Wak to cWtvrow RetlrorI 0 Pay Online at mwv.ceatabno.oan or trial your Prynant tD Cmtal One Bait (USA), NA r P 0 Box 710333 r OnerM, N(; 28272.1083 A Sand Inquiries, to: metal 0v- P 0 Sox 30285 • Sat Lela City, UT 84130-0285 Have a question about a charge on your statemerrtl Please refer to the Billing Rights Summary on the back of your ,ttatement or viett www.ceoitalone, corn/d outes You're behind oy three payments But you can tring your account current by paying tie minimum :,apnenl amount on you statement If you're having fines ml difficulties and you're feelug overwhelmed - we want to help Carve orr_ of our associates a all at 1 &X) 955 5EW You'd be surer vd what we an do together tn wortttss out Payments, Credits 6 Adjustments Transactions 1 02 FEB CAPITAL ONE MONTHLY MEMBER FEE S500 2 02 FEB OVERUMIT FEE FEB 02, 2X9 539.00 Under terms previously disclosed to you some or all of your Annual Percentage Rates (APRs) have been ncreased Once you, account was post due twice in tie Peet 12 billing cycles It your rates lade already increased, subsequent defriquencies extended the oluratim of the increased rates Remember If we receNe your minmum monthy payment a) Um for 12 causeartue bt%rg cycles, thus accojnt wdl be reviewed for a possible return to your Norelntroductory APR Yar account has gone over ids crack limit. To avoid adcbonal overlmrt fees, you should Day more than #)a Minimum Payment Please pay enough to bring your account balance belovr your credit limit immediately, and make sure your account t>atance remains below your credit limit Please be sure the amount you pay accounts for any future ourchases, fees, and finance charges PLEASE RETURN PORTION BELOW WrTH PAYMENT OR LOG ON TO WwW CAPITAONE.COM TO MAKE YOUR PAYMENT ONLINE 7957926 1 5291152219616501 01 4133560227000483561 Capital u' , Account Number. 5291-1522-1961-6501 Lend a hand Save the land Due Date New Balance Minimum Payment Amount Enclosed . . Manage your account online today- 1 Feb. 27, 2009 $4,133.56 $483.56 ( it's fast, easy and secure. ? Pay orhne anytime-no more r heck,, stamps or cutter PLEASE PAY AT UAST THIS AMOUNT MoengChance your aJdrese online or on the hack Q © HOp cove the planet Go papvdvss #9003439884604024# © Srgn u-P at www Caprtalone Coro DENNIS J ING JR 706 N PITT ST CapLtal One Bank (USA), N.A. CARLISLE, PA 17013-1951 P.O. Box 71083 Illi??r?l??ll?l?'II'Il?'1111111"??'II??"11'?Il????l.?a?l{?alrl? Charlotte, NC 26272-1063 Please make checks payable to Capital One Bank (USA), NA and mail with this coupon in the enclosed envelope. FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment - Due Date 1 $4,13333 ? $5.00 ? + ? $77.61 $39.00 $4,24517 $598.00 ? (Mar. 27, 2009 Feb. 03, 2009 - Mar. 02, 2009 Page 1 of 1 PLEASE PAY AT LEAST THIS AMDUNr MasterCard Platinum Account 5281-15734388N713 Your Account Information TOTAL CREDIT LINE 163,65000 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $3,650.00 AVAILABLE CREDIT FOR CASH $000 Finance Charges (PIS see reverse for rnpbrtant Intonnation) Balance rate Periodic Corresponding FRANCE applied to ate APR CHARGE Purchases $4,17372 006641%P 2424% S7761 Cash SO 00 000641% P 2424% s 00 ANNUAL PERCENTAGE RATE applied this period: 24.24% 0 &At Your Service - Go m mwvw.caolrabre.oan m mav9s your moxx t, u ai 1-800&03-637 u, WX a bat or Aulan cad a spars; to CLstolrer Relations ji!!% Pay Ong no at &wv.cwt*r scan a met your peyr"to: ?I Cap" (ice Bait (Ud A), NA - P 0 Bad T1083. Outda, NG 28212-1083 A Sand IrquHw to: appal Ow P O E3ox 30285 • set Lake Carly, Uf 84130-0266 ® Have a question about a charge on your state ierV Please refer to the Billrig Rights Summary on the balk of your satementovsRwww ?a_c canfAsautes You're behind by far payments but you can still bring you, account current by paying the minimum payment amount on your statemett. bleed he ) Cwe Us a call at l &00955 6?w Well wore: togell r to hid a solution Payment3. Credits & Adjustments 1 15 FEB CAPITAL GIVE MONTFLY MEMBER FEE Transactions 2 27 FEB PAST DUE =EE. S3900 Your account has gone over its credit limit To avod additional oved" lees, you should pay more f ri the Minimum Payment Please pay arough to bring your account xahnce below your credit limit immediately, and make sure your account balance remain below your credit limit Please be sure Line amount you pay accounts for any future Purchases, fees, and finance charges You ware assessed a past ds fee because your minimum payment was not i ecewed by the due date To trod this fee in the future, we recommend that you allow at least 7 business days for you- mlmmum payment to reach CapM One Your account is now closed. Charges made prior to your request lo close will still post to your account, but future charges will be declined If you hum a balance, please continue to make payments intl your balance reaches $D Your account will be reported to the credit bureaus as closed. PLEASE RETURN PORTION BELOW WIT" PAYMENT OR LOG ONTO WWW CAPRTALONE COM TO MAKE YOUR PAYMENT ONUNE 7957926 1 5291157333699713 01 4245170227000598003 Capffal C?rzes , Account Number. 5291-1573-3369-9713 Lend a hand. Save the land. Due Date New balance Minimum Payment Amount Enclosed Manage your account online today- -\ Mar. 27, 2009 $4,245.17 $598.00 it's fast, easy and secure. J --- Fny online nnytime-no morN che?k?, stanps or dotter PLEASE PAY AT LEAST Q M- ny? Chanye your addre:.e online or on the ha,i. THIS AMOUNT Help save tho Planet Go paaerles, #9006299474000356# © sign up at court, <ap talonc <om DENNIS J ING JR 706 N PITT ST Capital One Bank (USA), N.A- CARLISLE, PA 17013-1951 P.O. Box 71083 Charlotte, NC 28272-1083 Illl II?IIIIII'Il??'?I?Ilylllldlidll?r??rr?r?l'11'??Ilsrrr?l??l Il????lrlllrrllll?'II'?I??IIIn??IIIIrr??rl????il?rr???l??l?'?II? Please make checks payable to Capital One Bank (USA), NA and mail with this coupon in the enclosed envelope. FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date 245.17 -?? $0.00 $85.55 $39.00$4 369 72 $766 00 Apr 27 2009 , . . , Mar. 03, 2009 - Apr. 01, 2009 Page 1 of 1 -- MasterCard Platinum Account \ PL6)st PAY ?r UASr -41, 411'uN 5291-1573.33699713 i Wre behind uy rrv_ payments If you continue to miss payments your aeatunt Is at me of being charged off Please dxtt let his happen If you're feeling overwhelmed, call us at 1 30 955 ,3M9 'Nell work with Your Account Information you to r_•so4ve this mattes TOTAL CREDIT LINE $3,650 00 Pamments, Credits 8r Adjusttnents TOTAL AVAILABLE CREDIT $0.00 ---- -- - - CREDIT LINE FOR CASH $3,650.00 Transactions AVAILABLE CREDIT FOR CASH $000 1 27 MqR PAS. DUE FEE S3900 Finance Charges (Please see reverse for important mfonnation) Balance rate Periodic Corresponding FUMCE applied to rate APR CHARGE Purchases S4,29410 006641%P 2424% SB555 Cash 5007 00x341% P 24249% 900) ANNUAL PERCENTAGE RATE applied this period: 24.24% u At Your Service - Go to www.cai>italxr.can to rAw" yw axwrt, a Cd 1900.933-637 0,ap xt a lost a Auk h cad O syeek to CLswmer Reiebs Pay Online at wwv.caatabne cn n or mailyar part" tar. Cap"[ One Balk (USA), NA • P 0 BW( 71083 • GTertda, NC 28272.1083 A Send Inquiries to: Caplal Ore P 01 3oz 30285 - Sat Lake city, UT 84130-0285 Q Have a question about a charge on your staterne t? Pease refer tote Billing Rights Summary on the back of your statement cr visit www.canlabneoomrdsoules Your account has gore over its credit limit To avoid additional overlmit fees, you should pay more than the Minimum Payment Please pay enough to brag your account balance below your credit limit mmedialay, and make sure your account balance remars below your crech lima Please be sure the amount you pay accounts b any future ourchases, fees, and finance charges You were assessed a pest "fee because your minimum lydyrnert was not i--ceaved by the due dale To avoid this fee in the future, we recommend that you allow at least 7 business days to, your minimum payment to reach Ceprtal One Your account is now closed Charges made prior lb your request to dose will still post to your account, but future charges will be declined If you have a balance, please continue to make payments until your balance, reaches S0 Your account will be reported to the crest bureaus as dosed. PLEASE RETURN PORTION BELA61' WITH PAYMENT OR LOG ON TO WM CAPrTALONE COM TO MAKE YOUR PAYMENT ONLINE 7957926 1 5291157333699713 01 4369720227000766001 ?aptf. Account Number. 5291-1573-3369-9713 Due Date New Balance Minimum Payment Amount Enclosed /Apr. 27, 2009 $4,369.72 $766.00 PLEASE PAY AT [EAST THIS AMUUN r #9009299474000353# DENNIS J ING JR 706 N PITT ST CARLISLE, PA 17013-1951 Illri111JInIIIINIIIrIrlLllllrrrnl"Illrlllllll"IrLll'Illlr Lend a hand. Save the land. Manage your account online today- it's fast, easy and secure. is Pay mime inyt-e-no more checks, stamps or nutter Q Moving? change your address borne or on the back Q Alp save the planet G. paperless © Sign up at wwww capitalonc com Capital One Bank (USA), N.A. P.O. Do, 71063 Charlotte, NC 28272-1083 1111111. 111 in 11111.1111111111of 111Ill 1--11.1-111-1-1111111-1111 Please make checks payable to Capital One Bank (USA), NA and mail with this coupon in the enclosed envelope. FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date $4,369.72 -? $0.00 1 f $88.03+ L $39.W $4,496.75 $937.00 May. 26, 2009 ??JJ ------ J ---.J Apr. 02, 2009 - May. 01, 2009 Page 1 of 1 -- KE15E PAY AT LEAST' ,HIS ANYJUNI TOTAL CREDIT LJNE $3,650 DO TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $31650.00 AVAILABLE CREDIT FOR CASH $000 Finance Charges (Please see reverse for important rnfamahon) Balance rate Periodic Corresponding FINANCE applied to -ate APR CHARGE Purchases 54,418 55 0 06641% P 2424% S8803 Cash SO 00 006341%P 2424% so OD ANNUAL PERCENTAGE RATE applied this period: 24.24/0 ASI!h At Your Service - Go to wmr cyWxo.am to ma" your awount or :at 1400-903-%37 I. repat a txi or Ian cad o- sped; to CLsiomer Re6?a,s ® Pay Online at r cwt*,ro.oan or mat yvir Paynaat t. Capital Lite Bark (USA), NA • P 0 Box 71083 - (ha'We, I& 28272.1083 A Send Inquiries to; Gapdal On- P 0 Tae 30285 • Sat Lake City, Ur 84130-0285 M Have a question about a charge on your statement? Please refer to he Billing Rights Summary on the back cf your statement o' visit www.centalaie.wntdisputes Payments, Credits & Adjustments Transactions _ 1 27 APR PAST DUE FEE - -- --- - - - -- S39 DO Your account has gore over as credit Itmt. To avod adclbonal overlmrt fees, You should pay more ran the Minimum Payment Please pay enough to brag your account oabnce below your crezkt limit immediately, and make sure your account balance remains below your credit limit Please be sure the amount you pay accounts for any future purchases fees, and finance charges You were assessed a past due fee oecause your minimum payment was hot received by the due date I o avoid this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach CapAal One Your account is now closed. Charges macle prix to your request to dose will still post to your account, out future dra ges will be decinad. If you have a balar>ce, please continue to stake payments until your telance reaches GO Your account At be reported to the credit bureaus as closed PLEASE RETURN PORTION BELOV'V WITH PAYMENT OR LOG ONTO W W N CAPRALONE COM TO MAKE YOUR PAYMENT ONUNE MasterCard Platinum Account SM-1573336W13 Your Account Information You're behutib cy so-', paymento If we charge off your account dr to late or mresad payments, finance dxnryes will continue to accrue Ad rlow to prevent this from happening Pled?-- pay the minimum rayment amount or your statement or give us a call at 1 5W 355 9000 We're here to h-4) I ake control of your crest with Capital One Lend a hand. Save the land. Manage your account online today- it's fast, easy and secure. 10 Pav online nnyhme-no mare checks, t-p, o- clutter Q Momny7 Change your address oeime or o, the hack Q Hcln save the planet Go paperless O Sign up at www capitalone Com Capital One Bank (USA), N.A. P.O. Box 71083 Charlotte, NC 28272-1083 1111111'III"IIIII'11'1111111rrllllll"11'1'111'11"11111111'1111 1 5291157333699713 01 44967502270DO937008 7957926 Account Number. 5291-1573-3369.9713 Due Date New Balance Minimum Payment Amount Enclosed May. 26, 2009 $4,496_75 E$9-37 .00 --- ?- J PLEASE PAY Ai LEAST THIS AMOUNT #9012299474000358# DENNIS J ING JR 706 N PITT ST CARLISLE, PA 17013-1951 I'll 11"1111111111'I"11""'II'111,1111111Jill. IIII1'1'1''111111 Please make checks payable to Capital One Bank (USA), NA and mail with this coupon in the enclosed envelope. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities, that he is an attorney for the Plaintiff herein and makes this Verification based upon the facts as supplied to him by the Plaintiff because the Plaintiff is outside the jurisdiction of the court and the Plaintiffs Verification cannot be obtained within the time allowed for the filing of this pleading; and that the facts and circumstances set forth in this pleading, are true and correct to the best of his knowledge, information and belief. r Lyndsay,E. Rowland, Esquire CERTIFICATE OF SERVICE A true and correct copy of the within Plaintiff's Amended Complaint has been sensed nr. by U.S. Mail, Postage Pre-Paid, on day of _ 2010 upon the following: Joseph Murphy, Esquire The J. Murphy Firm 210 Grant Street, Suite 301 Pittsburgh, Pa 15219 By: Lyndsayh. Rowland, :squire c~4 ~ ~~.~-i:~E~~ icy 2l0 OCR --&~ F`'I ~~ ~ ~/~~yA PRAECIPE FOR LfST1NG CASE FOR ARGIJMENJ' ~ ~ ,~ ~ ~~ ~ ~i ~^~ ~ I ~r ~ t (Must be typewritten and submitted in tripliea~e~~ r s''~` ~ `~" ~ ~,,~^+, ~ ? ~ :~ TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the witt-in matter for the next Argument Court.) CAPTION OF CASE (entire caption musf be sfafed in fcrii) C,~or~r~,l a~ ~k ~S. ~~ is ~~g p No. U l.W 3~ ; Term 1. State matter to be argued (i,e„ plaintifPs~mo/lion for new trial, Id~efendant's demur-r~er t~o~~y complaint, etc.):~~,~~~~. S '7'1~~~~~ I lq„ ~D~J-u ~~Jl,rnei ~ y ~ 2. Identify all counsel who will argue cases: {a) for plaintiffs: ~.C~.YI(~ 1a 1 . -43~ ~`~ (Name and Addre: ~~1~-~~t(Y1 ~c~ ) 52-1 °I (b) for defendark's: ,~~,,, , , , -1e ,,^,, J , MURPHY FIR M GH., PQ 15219 3. !will notify all parties in writing within two days that this case has bean fisted for argument. 4. n.,......~..« n„...« n.,«... Date: 2,Z. f 1} Attorney or fNSTRUCTIONS: 1. Two coptes of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary} before argument. 2, The moving parry shall file and serve their brief 72 days prior to argument, 3. The responding party shalt Erie 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 retisted. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), N.A., Plaintiff(s) v. DENNIS J. ING, Defendant(s) Docket No.: 10-2037 PRELIMINARY OBJECTIONS TO AMENDED COMPLAINT Filed on Behalf of Defendant Counsel: The J. Murphy Firm 210 Grant Street, #301 Pittsburgh, PA. 15219 (412)521-2000 Ashley M. Derr, Esq., Esquire Pa. Supreme Court I.D. 306604 ~ ~., ~~ ~ `~' =~ ~~ ~ ~ " 7 ~ `%"i C~ J W ~ ..~. _,+: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), N.A., Plaintiff(s) Docket No.: 10-2037 v. DENNIS J. ING, Defendant(s) CERTIFTCATE OF SERVICE I, Ashley M. Derr, Esq., counsel for the Defendant in the above captioned matter, do solemnly swear that .the foregoing Lyndsay Rowland, Esq. Weltman, Weinberg and Reis Co., LPA 436 Seventh Avenue, Suite 1400 Pittsburgh, Pa 15219 Resp~tfully Submitted, PRELIMINARY OBJECTIONS TO AMENDED COMPLAINT BRIEF IN SUPPORT OF PRELIMINARY OBJECTIONS TO AMENDED COMPLAINT MOTION/REQUESTJPRAECIPE FOR ARGUMENT were delivered by First Class, U.S. Mail, Postage Pre-Paid to the Below: ey M. Derr, Esq. We nesday, September 22, 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK (USA), N.A., Plaintiff(s) Docket No.: 10-2037 v. DENNIS J. ING, Defendant(s) PRELIMINARY OBJECTIONS TO COMPLAINT And now comes the Defendant, by and through counsel, the J. Murphy Firm and Ashley M. Derr, Esquire, and files the following Preliminary Objections, averring in support thereof as follows: OBJECTIONS TO CONTRACT CLAIMS 1. The Complaint references a credit agreement or contract. 2. Although the Complaint references a credit agreement or contract, no copy of the alleged agreement or contract is attached thereto. 3. The foregoing constitutes a violation of Pa. R.C.P. 1019(1). 4. Accordingly, the Complaint is the proper subject of preliminary objections pursuant to Pa. R.C.P. 1028(a)(2) for failure to comply with Pa. R.C.P. 1019(1). OBJECTIONS TO UN]UST ENRICHMENT/QUANTUM MERUIT 5. Plaintiff's Complaint pleads unjust enrichment/quantum meruit but has failed to establish such a claim, rendering it legally insufficient to sustain an award of damages. 6. Accordingly, the Complaint is the proper subject of preliminary objections pursuant to Pa. R.C.P. 1028(a)(4), as the claim for unjust enrichment/quantum meruit is legally insufficient. 7. Even if Plaintiff's Complaint were legally sufficient so as to sustain an award of damages, it contains a prayer for relief for an amount in excess of that recoverable under this theory, i.e. the Complaint seeks the exact same amount of damages on a quasi contractual theory as it does on the contract. Accordingly, the Complaint is the proper subject of preliminary objections pursuant to Pa. R.C.P. 1028(a)(4), for failure to establish the required legal elements for a claim of unjust enrichmentjquantum meruit. OBJECTIONS DIRECTED TOWARD LACK OF SPECIFICITY 8. Pa R.C.P. 1019(f) requires, inter alia, that items of special damage be pled with specificity. 9. In the context of a credit card case, items of special damage, which are to be specifically pled, include the dates and amounts of charges, fines, fees, interest and the like. 10. In credit card cases, the requirements of Pa. R.C.P. 1019(f) are typically satisfied by attaching copies of an uninterrupted chain of credit card statements, starting with a zero balance and ending with a statement showing the amount sought in the Complaint. 11. It is respectfully submitted that neither the Complaint, nor the documents attached thereto, specifically plead the items of special damage underlying this case. 12. Therefore, the Complaint is the proper subject of preliminary objections pursuant to Pa. R.C.P. 1028(a)(20, for failure to comply with Pa. R.C.P. 1019(f) and Pa. R.C.P. 1028(a)(3), based upon insufficient specificity. 06,7ECTIONS TO VERIFICATION 13. The Complaint is verified by counsel for the Plaintiff. 14. A verification by counsel may only be appropriate if the same complies with Pa. R.C.P. 1024(c). 15. Said verification does not comply with Pa. R.C.P. 1024(c). 16. Accordingly, the Complaint is the proper subject of preliminary objections pursuant to Pa. R.C.P. 1028(a)(2) for failure to comply with Pa. R.C.P. 1024(c). WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be dismissed with prejudice or, alternatively, that the Complaint be stricken, and the Plaintiff be required to plead over in accordance with the Pennsylvania Rules of Civil Procedure. Respectfully Submitted: ~~~~~-~IF~~~~ za~o acz -~ PH ~~ ~ ~ ~ur~a~~~~~~~~jJ ~~~,~~c0~r~~ IN THE COURT OF COMMON PL~~~.OF~G'U11~~RLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPTIAL ONE BANK (USA), NA Plaintiff No. 10-2037 vs. PRAECIPE FOR SUBSTITUTION OF VERIFICATION OF AMENDED COMPLAINT DENNIS J. ING, Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Lyndsay E. Rowland, Esquire PA I.D. 205520 Weltman, Weinberg & Reis Ca. L.P.A 1400 Koppers Building 436 7~' Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7957926 t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CNIL DIVISION CAPTIAL ONE BANK (USA), NA Plaintiff vs. Civil Action No. 10-2037 DENNIS J. ING, Defendant PRAECIPE FOR SUBSTITUTION OF VERIFICATION OF AMENDED COMPLAINT TO THE PROTHONOTARY: At the request off the undersigned attorneys for the plaintiff, you are directed to substitute the verification in the amended civil complaint in the above caption matter. WELTMAN, WEINBERG & REIS COfL.1~.A. By: Lyndsay .Rowland, Esquire PA I.D. 5520 Weltman, einberg & Reis Co. L.P.A 1400 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #7957926 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 _~~ ~~ r1C. C ~'~~` U`+~'~ 1~Yt "~4 ~ ~! ~ U~ ~ C pla~i~ti~h~ in, that (TITLE) --~~ (COMPANY) he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Amended. Complaint are true and correct to the best of hislher knowledge, information and belief. CERTIFICATE OF SERVICE A true and correct copy of the within Plaintiff's PRAECIPE FOR SUBSTITUTION OF ~ VERIFICATION OF AMENDED COMPLAINT has been served by U.S. Mail, Postage Pre-Paid, on day of ~ , 2010 upon the following: Joseph Murphy, Esquire The J. Murphy Firm 210 Grant Street, Suite 301 Pittsburgh, Pa 15219 By: 1??} 1 1 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CAPITAL ONE BANK, Plaintiff, Case No.: 2010-2037 V. r.1 ...a DENNIS J. ING co C- Defendant. nr- ?:U t:J c- : c? ;T ORDER . ' On this day of 44,,,041 , 2010, it is hereby ORDERED that Plaintiffs Amended Complaint is stricken. Plaintiff may file a Second Amended Complaint within thirty (30) days. If Plaintiff fails to file a Second Amended Complaint within 30 days, the Prothonotary, upon praecipe of the Defendant, shall dismiss this case with prejudice. BY THE COURT: J. nF TNF. ARnVF. nRDER fey M. DefT, squire d 'ZiL O DPIC 111 µ H Bibler, Esquire 09 l2 0 CAPITAL ONE BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW c ^ NO. 10-2037 CIVIL z+?^ z =-n DENNIS J. ING, Defendant s ro ) =C IN RE: MOTION TO DISMISS w r'G W rn ORDER N , .{ 2 Z`f O -S AND NOW, this day of March, 2011, the within motion is denied as mo ot, it appearing that the matter has already been the subject of a dismissal order. BY THE COURT, '< 'AL i . Hess, P. J. ?Frederick I. Weinberg, Esquire For the Plaintiff Q'Id M /Joseph P. Murphy, Esquire C ' a4 II ,,Q "'I For the Defendant .31 0 Am