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HomeMy WebLinkAbout10-6177 HAYT, HAYT & LANDAU, LLC By: Arthur Lashin, Esquire Identification No. 23425 400 Market Street Suite 600 Philadelphia, PA 19106-2513 (215) 928-1400 OUR FILE NO. 331944 ^r 1 ri r,-w ^ - ?, L: I u ?. CUMBERLA C PENNSYL`, . ,.. = C - rn ? - f rn ? ter N c J 1 3;, c--) - C-a rn P J? Attorney for Plaintiff CAPITAL ONE BANK 4851 COX ROAD GLEN ALLEN, VA 23060 Vs. CRAIG L HENCH 9 KEYSTONE DR MECHANICSBURG PA 17050 OLDE FORGE BUILDERS INC. 9 KEYSTONE DR MECHANICSBURG PA 17050 No. IO - (ol'7'1 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION CIVIL ACTION "NOTICE "You have been sued in court. N you wish to defend against the china set forth in the following pages, you mast take action within twenty (M days alter this complaint and notice are served, by entering a written appearance personally or by attorney and MkV In writing wM the court your deform" or objections to the claims set forth against you. You are warned that N you fail to do so the case may proosed without you and a judgment may be en- tered against you by the court without further notice for any mon- ey claimed in the oompbkA or for any other claim or relief request- ed by the plaintiff. You nay loss money or property or other rights important to you. 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 CUMBERLAND COUNTY BAR ASSOCIATION 32 S BEDFORD STREET CARLISLE PA, 17013 800-990-9108 "AVISO (2iVlF tGt M "Le han derrandado a ustsd an Is oorte. Si usted quiere defenderse de sates demands* expusstes on Los pfginas siguientes, ustsd tiers veinte (20) dias, de plszo at patir de Is fech a de is demands y Is nodficaoi6n. Hace kite asantar ura oomparenoia escrits o on persona o con un abogado y entngar a Is oorts on forms escrita an defensas o sus objscio es a las demandes an Contra de su persona. Sea ovisedo que si usted no se defiende, is torte toward medides y puade continuer to demands on contra suya sin provio oviso o nobficaa6n. Ademis, la come puede decidir a favor del denandante y requiere que usted cumpla con todas hs provisiores de eats demands. Usted puede perder dinero o sus proplededes u otros derechos importantes pars usted. "LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ASOGADO O $I NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LtAME POR TELEFONO A LA OFICINA CUYA DIRECC16N SE ENCUENTRA ESCRITA ?? ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR/ C 1 ASISTENCIA LEGAL. ?? *4a.00 Pa AIW & 1"416 y- 9,1 ss4 TERM. CIVIL ACTION 1. Plaintiff CAPITAL ONE BANK is a business entity securing or collecting debts, with offices located at: 4851 COX ROAD, GLEN ALLEN, VA 23060. 2. Defendant CRAIG L HENCH is an individual residing at: 9 KEYSTONE DR, MECHANICSBURG, PA 17050. 3. Defendant OLDE FORGE BUILDERS INC. is a PP. Corporation with offices located at: 9 KEYSTONE DR, MECHANICSBURG, PA 17050. 4. Upon application by Defendant(s) a Credit/Revolving Charge Account was established for Defendant(s), which was assigned account number 4802137099935159. 5. Defendant(s) subsequently utilized the aforesaid account to make various purchases and/or receieve cash advances, thereby incurring payment obligations to Plaintiff and/or Plaintiff's predecessor in interest. 6. Defendant(s) defaulted by failing to adhere to repayment terms and in accordance therewith, the entire remaining balance became due and immediately payable. 7. As a consequence of the foregoing there is presently due and owing to Plaintiff by Defendant(s) the following amounts (see Exhibit "A"): Unpaid Balance: Interest: TOTAL DUE: $9,915.84 $982.37 $lo,8-9T-.Ti- 8. Despite repeated demand by Plaintiff, Defendant(s) has/have failed and refused to pay the aforesaid sum. WHEREFORE, Plaintiff demands that judgment Defendant(s) in favor of Plaintiff in the together with interest and costs. HAYT By: be entered against amount of $10,898.21 Attorney for Plaintiff 500008 wrrat's in youe_,TTet7 It could happen to anyone. Make sure you pay the amount CRAIG L HENCH due on your statement as soon as possible. Keeping your credit in good standing can WHOOPS! do a lot more than you think. GOOD CREDIT = GOOD CREDIT REFERENCES You"re behind BETTER INTEREST RATES by #1 payment. (good credit could mean lower interest rates) IMPROVED CHANCES TO GET APPROVED FOR LOANS (when you want to buy a home or new car) n 2008 (lnpital Owr .Smrrcrs, Inc. Capital One if a federally. regi errd .semice mark. AU righa revrord FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date C$- $0.00 + $158.22 + $78.00 = $8,198.77 $359.00 Feb. 20, 2009 Dec. 27, 2008 - Jan. 26, 2009 Page 1 of 1 Ysa Business Card Account 4802.1370.9993.5159 ??t?k Your Account Information REWARDS TOTAL CREDIT LINE $8,000.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $4,000.00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please see reverse for important information) Balance rate Periodic Corresponding FINANCE applied to rate APR CHARGE Purchases $8,047.59 0.05342% U 23.15% $158.22 Cash $0.00 0.06342% 0 23.15% $0.00 ANNUAL PERCENTAGE RATE applied this period: 23.15Ys Q At Your Service • Go to www.c®Rabne.com to manage your axoun1. or Cat IW)-867.M to report a bst or stolen card or speak to W sbmer Rain- Pay Online at www.cacilabne.oom or mail your payment to. Capital One Bank (USA), N.A. • P. 0. Box 71083 - Charbtte. NC 28272-1083 A Send Inquiries to: Capital One. P.O. Box 30285 - Sat Lake City. Ul 84130.0285 ® Manage your Rewards online by visiting or Cat 1-800-228-3001 ® Have a question about a charge on your statement? Please refer to the Billing Rights Summary on the back of your statement or visit www caoitalone.com/disputes PLEASE PAY AT LEAST THIS AMOUNT You're behind by one payment. Remember that paying the minimum payment by the due date keeps your account current. So make sure you send in the minimum payment to keep your account current. Rewards Summa Previous available balance: 59,186 Earned this period: 0 (reflects transactions posted during 1Ns ding cycla) Available Balance: 59,186 Payments, Credits & Adjustments Transactions 1 20 JAN PAST DUE FEE $39.00 2 26 JAN OVERLIMIT FEE JAN 26, 2009 $39.00 Under terms previously disclosed to you, some or all of your Annual Percentage Rates (APRs) have been increased since your account was past due twice in the past 12 billing cycles. If your rates have already increased, subsequent delinquencies 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 be reviewed for a possible return to your Non-Introductory APR. Your account has gone over its credit limit. To avad additional overlimit fees, you should pay more than the Minimum Payment. Please pay enough to bring your account balance below your credit 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 because your minimum payment was not received by the due date. To avoid this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Capital One. PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ONTO WWW.CAPfTALONE.COM TO MAKE YOUR PAYMENT ONLINE. 1 4802137099935159 25 8198770088540359000 ear. Account Number: 4802-1370-9993-5159 Due Date New Balance Minimum Payment Amount Enclosed Feb. 20, 2009 $8,198.77 $359.00 PLEASE PAYAT LEAST ??JJ THIS AMOUNT #9002795653188841# CRAIG L HENCH 0LDE FORGE BUILDERS INC. 9 KEYSTONE DR nECHANICSBURG, PA 17050-1571 III'1111'llll111111""II111111'IIIII III I" 1+11-I11I'1'I111111I Lend a hand. Save the land. Manage your account online today- it's fast, easy and secure. Q Pay online anytime-no more checks, stamps or chater. 0 Moving? Change your address online or on the back. ® Help save the planet -Go paperless. ® Sign up at www.capitalone.com. Capital One Bank (USA), N.A. P.O. Box 71083 Charlotte, NC 28272-1083 1111111,Cllr.Illllrll'1111111,.111111"II'I'lllrll"11111111'llll XHI131T A Please make checks payable to Capital One Bank (USA), N.A. and mail with this coupon in the enclosed envelope. Cap/'^-?iC??+ what's In your wallet? LET'S TALK - WE'RE HERE TO HELP. 500009 Sometimes unexpected expenses keep you from making your credit card payments. We understand, At Capital Ones we're here to help you keep your credit on track. Give us a call, Here are 3 easy ways to make a payment: • Give one of our associates a call at 1.800.955.7070. • Mail us the amount due on your statement. • If you have Internet access, you can make a payment securely online by logging on to www.capitalone.com. Q 2008 Capital One Services, Inc. Capital One it a frdemlly registered service rnark. All right reserved FINANCE Previous Balance Payments 8 Credits CHARGE Transactions New Balance Minimum Payment Due Date $8,198.77 -C::$0.001 + $157.58 + $78.00 = $8,434.35 $639.00 Mar. 23, 2009 Jan. 27, 2009 - Feb. 25, 2009 Page 1 of 1 Visa Business Card Account 4802.13708883.5158 AlAk H Ir / Your Account Information aSs f e ` • REWARDS' TOTAL CREDIT LINE $8,000,00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $1,000.00 AVAILABLE CREDIT FOR CASH $0,00 Finance Charges (Please see reverse for important information) Balance rate Periodic Corresponding FINANCE applied to rate APR CHARGE Purchases $8,282.42 0.06342% 0 23.15% $157.58 Cash $0.00 0.06342% D 7.05% $0.00 ANNUAL PERCENTAGE RATE applied thk period: 23.15% Q At Your Service . Go to www.cmitabrra.oom to manage your acocunt, or Cat 1-000-867.0904 to report a lost or Mtn Caro or speak to Customer Relations 0 Pay Online at www.caoilabne.oom or mail your payment to: Capital One Bards (USA), N.A. • P.O. Box 71083 • Charlotte, NC 28272-1083 A Send Inquiries to: Capital Ones P.O. Box 30285 - Sat Lake City, UT 84130-0285 ® Manage your Rewards online by visiting or Cat 100-228.3001 ® Have a question about a charge on your statement? Please refer to the Biting Rights Summary on the back of your slatement or visit www.caoitalone.comtdiwutes PLEASE PAY AT LEAST THIS AMOUNT You're behind by two payments. Let's talk. If you're having financial difficulties and can't make your minimum payment - we want to help. Let's work together to find a solution. Rewards Summa Previous available balance: 59,186 Earned this period. 0 (refuels transactions posted during this Ning cysts) Available Balance 59,185 Payments, Credits & Adiustments Transactions 1 20 FEB PAST DUE FEE $39.00 2 25 PEG OVERLIMIT FEE FEB 25, 2009 $39.00 Under terms previously disclosed to you, some or all of your Annual Percentage Rates (APRs) have been increased since your account was past due twice in the past 12 billing cycles. If your rates have already increased, subsequent delinquencies extended the duration of the increased rates. Remember: If we receive year minimum monthly payment on time for 12 consecutive billing cycles, this account will be reviewed for a possible return to your Pin-Introductory APR. Your account has gone over its credit limit. To avoid additional ovethmit fees, you should pay more than the Minimum Payment. Please pay enough to bring your account balance below your credit 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 because your minimum payment was not received by the due dale. To avoid this fee in the future, we recommend that you atow at least 7 business days for your minimum payment to reach Capital One. PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPrrALONE.COM TO MAKE YOUR PAYMENT ONLINE. 1 4802137099935159 25 8434350088540639007 Account Number: 4802.1370-9993-5159 Due Date New Balance Minimum Payment Amount Enclosed CMar. 23, 2009 $8,434.35 Mi$639.00 PLEASE PAY AT LEAST ?J THIS AMOU NT #9005795653188848# CRAIG L HENCH OLDS FORGE BUILDERS INC. 9 KEYSTONE DR MECHANICSBUR G, PA 17[150-1571 'il'IIhIIII'II'Intl"I'IIIhHI'II'II'I'IH"I I'IIII'1'IIIIIHI Lend a hand. Save the land. Manage your account online today- it's fast, easy and secure. Q Pay online anytime-no more checks, stamps or clofter. 0 Moving? Change your address online or on the back. ® Help save the planet--Go paperless. 0 Sign up at vvww capitalone.com. Capital One Bank (USA), N.A. P.O. Box 71083 Charlotte, NC 28272-1083 IIIIIII'ill"VIII'Il'IIIIIIIrrIIIIII"II'I'lll'II"IIIIIIII'IIII Please make checks payable to Capital One Bank (USA), N.A. and mail with this coupon in the endosed envelope. EXHIBIT A CRAIG L HENCH MAKE A PAYMENT. AND TAKE CONTROL 500010 Cappitaj3t- what's in yourwa/!et? OF YOUR CREDIT WITH CAPITAL ONE? Your account is temporarily unusable. The good news is, by paying the amount due on your statement, you can still bring your account into good standing. Let's work together to bring your account back to good standing. You can make a payment with our free check by phone service or speak to an associate by calling 1.800.955.6600. O 2008 Capital Onc Servi-, Ir Capirzl One is a frdenzgy registered ;ervi,e rnark. All rights reserved. FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date C$- $0.00 ) + $$78.00 = C?,663.49D $915.00 Apr. 20, 2009 Feb. 26, 2009 - Mar. 25, 2009 Page 1 of 1 Visa Business Card Account 1802.137069993.5159 ??,,// ?k Your Account Information ?- REWARDS TOTAL CREDIT LINE $8,000.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $4,000,00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please see reverse for important information) Balance rate Periodic Corresponding FINANCE applied to rate APR CHARGE Purchases $8,511.15 0.05342% D 23.15% $151.14 Cash $0.00 0.06342% D 23.15% $0.00 ANNUAL PERCENTAGE RATE applied tltk period: 23.15Y, j1h o At Your Service • Go lo ww.c®Habne.com to manage your account, - or Cot 1 M-867-0404 to report a lost or stolen card or speak to Customer Relations ® Pay Online at -caratabne.com or mail your payment to: Capital Ore Banc (USA), N.A. • P.O. Box 71083 - Charlotte, NC 28272.1083 A Send Inquiries to: Capital Ow P.O. Box 30285 • Sal Lake Cry, UT 84130-0285 ® Manage your Rewards online by visiting our Cat 100-228-3001 ® Have a question about a charge on your statement? Please refer to the Billing Rights Summary on the back of your statement or visit www.caoitalone.comldsoutes PLEASE PAY AT (FAST THIS AMOUNT You're behind by three payments. But you can bring your account current by paying the minimum payment amount on your statement. If you're having financial difficullies and you're feeling overwhelmed - we want to help. (34ve one of our associates a call at 1.800.955.6600. You'd he surprised what we can do together to work this out. Rewards Summa Previous available balance: 59,186 Earned this period: 0 (reflects transactions posted during this biing cycb) Available Balance: 59,186 Payments. Credits & Adjustments Transactions 1 23 MAR PAST DUE FEE $39.00 2 25 MAR OVERLIMIT FEE MAR 25, 2009 $390 Under terms previously disclosed to you, some or all of your Annual Percentage Rates (APRs) have been increased since your account was past due twice in the past 12 billing cycles. If your rates have already increased, subsequent delinquencies extended the duration of the increased rates. Remember: If we receive your minimum monthly payment on time for 12 consecutive biting cycles, this account wil be reviewed for a possible return to your Non-Introductory APR. Your account has gone over its credit limit. To avoid additional overlimit tees, you should pay more than the Minimum Payment. Please pay enough to bring your account balance below your credit 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 because your minimum payment was not received by the due date. To avoid this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Capital One. PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ONTO WWW.CAPFrALONE.COM TO MAKE YOUR PAYMENT ONLINE. 1 4802137099935159 25 8663490088540915008 Account Number. 4802-1370-9993-5159 Lend a hand. Save the land. Due Date New Balance Minimum Payment Amount Enclosed Manage your account online today- Apr. 20, 2009 $8,663.49 $915.00 C:= it's fast, easy and secure. G Pay online anytime-no more checks, stamps or clutter. PLEASE PAY AT LEAST THISAMOUNT O Moving? Change your address online or on the back. ® Help save the planet paperless #9008595653188849# O Sign up at www.capitalone.com CRAIG L HENCH OLDIE FORGE BUILDERS INC. Capital One Bank (USA), N.A. 9 KEYSTONE DR P.O. Box 71083 MECHANICSBURG, PA 17050-1571 Charlotte, NC 28272-1083 EXHIBIT A Please make checks payable to Capital One Bank (USA), N.A. and mail with this coupon in the enclosed envelope, CRAIG L HENCH Capi? what's In your wallet? TAKE CONTROL OF YOUR CAPITAL ONE" 500011 ACCOUNT AND KEEP IT FROM BEING PERMANENTLY UNUSABLE. We're here to help. You can regain your charging privileges and bring your account back into good standing by paying the amount due on your statement. Let's work together to bring your account back to good standing. You can make a payment with our free check by phone service or speak to an associate by calling 1.800.955.6600. 0 2009 Capital One. Capital One is a f dt7aBy regisuved service mark. Au righrs reserved FINANCE Previous Balance Payments 8 Credits CHARGE Transactions New Balance Minimum Payment Due Date $8,663.49 1- $0.00 $39.00 1= $8,874.60 $1,214,00 May. 20, 2009 Mar. 26, 2009 -Apr. 25, 2009 Page 1 of 1 Visa Business Card Account 4802.1370 M-5159 A Your Account Information ? REWARDV TOTAL CREDIT LINE $8,000.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $4,000.00 AVAILABLE CREDIT FOR CASH $0.00 ------..._.....----------...... ._.__, Finance Charges (Please see reverse for important information) Balance rate Periodic Corresponding FINANCE applied to rate APR CHARGE Purchases $8,753.98 0.06342% D 23.15% $172.11 Cash $0.00 0.06342% D 23.15% $0.00 l ANNUAL PERCENTAGE RATE applied this pentad: 23.15% ----..........------- -----.._._......--- O At Your Service • Go to www. mhehne.com to ma,ege your account, or Cat 1A00-067-0504 to repot a lost or stolen card or speak to Customer Relations 0 Pay Online at www.caoitebne.com or mad your payment to: Capital One Bank (USA), N.A. • P. 0. Bon 71D83 • Charlotte, NC 28272-1083 ® Send Inquiries to: Capital Ones P.O. Box 30285 - Sal Lake Oty, UT M130-0285 ® Manage your Rewards online by visiting a Cat 1-800.228-3001 ® Have a question about a charge on your statement? Please refer to the Billing Rights Summary on the back of your slatement or visit www.capitalone.com/disoules PLEASE PAY AT (FAST THIS AMOUNT You're behind by four payments. But you can still bring your account current by paying the minimum payment amount on your statement. Need help? Give us a call at 1.800.955.6500. We'll work together to find a solution. Rewards Summary Previous available balance 59,186 Earned this period: 0 (reflects transactions posted during this Ming cych) Available Balance: 59,186 Payments, Credits & Adjustments Transactions 1 20 APR PAST DUE FEE $3g.0p Under terms previously disclosed to you, some or all of your Annual Percentage Rates (APRs) have been increased since your account was past due twice in the past 12 billing cycles. If your rates have already increased, subsequent delinquencies extended the duration of the increased rates. Remember: If we race ive your minimum monthly payment on time for 12 consecutive billing cycles, this account wig be reviewed for a possible return to your Non-Introduclory APR. Your account has gone over its credit limit. To avoid additional overlimit fees, you should pay more than the Minimum Payment. Please pay enough to bring your account balance below your credit limit immedraley, and make sure your account balance remains below your credit limit. Pleese be sure the amount you pay accounts 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 dale. To avoid this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Capital One. PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ONTO WWW.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE. 1 4802137099935159 25 8874600088541214003 Account Number: 4802-1370-9993-5159 Due Date New Balance Minimum Payment Amount Enclosed May. 20, 2009 ( $8,874.60-) ( $1,214.00 - ) ------ JJl PLEASE PAY AT LEAST THIS AMOUNT #9011695653188842# CRAIG L HENCH OLDE FORGE BUILDERS INC- 9 KEYSTONE DR MECHANICSBURG, PA 17050-1571 I'Il?mlrlll^Il?lhlllln?llllll?lhnllll'II"Illhllnllll?ll Lend a hand. Save the land. Manage your account online today- it's fast, easy and secure. Q Pay online anytime-no more checks, stamps or dotter. 0 Moving? Change your address online or on the back. I® Help save the planet---Go paperless. V Sign up at www.capitalone.com. Capital One Bank (USA), N.A. P.O. Box 71083 Charlotte, NC 28272-1083 ll I III1'III"Itlll'll'lllll I I"Illlil?-II' l'll I'll"I III IIII?II II Please make checks payable to Capital One Bank (USA), N.A. and mail with this coupon in the enclosed envelope. EXHIBIT A CRAIG L HENCH 500012 C what's In your wallet? IT'S STILL NOT TOO LATE. Your account is unusable. Please pay the amount due on your statement by the due date. Remember we're here to help! Let's work together to find a solution that's right for you. You can make a payment with our free check by phone service or speak to an associate by calling 1.800.955.6600. 0 2009 Capital One. Capital ONe is a federally registered service mark. All right, reserved. FINANCE Previous Balance Payments & Credits CHARGE_._ Transactions New Balance -Due Date--- _, --\ --- Minimum Payment $8,874.60 - $0.00 + ( $170.56+? $78.00 $9,123.16 ) $1,514.00 ) Jun. 19, 2009 J J Apr. 26, 2009 - May. 25, 2009 Page 1 of 1 Visa Business Card Account 4802.137069993.5159 C? Your Account Information REWARDS' TOTAL CREDIT LINE $8,000.00 TOTAL AVAILABLE CREDIT $0,00 CREDIT LINE FOR CASH $4,000.00 AVAILABLE CREDIT FOR CASH $0.00 i Finance Charges (Please see reverse for important information) Balance rate Periodic Corresponding FINANCE applied to rate APR CNARGE Purchases $8,964.50 0.06342% D 23.15% $170.56 Cash $0.00 0.06342% D 23.15% $0.00 ANNUAL PERCENTAGE RATE applied this period: 23.15% O At Your SaMce • Go to wrwr caoitabne.oom to manage your acomml, or Cat 1-000.867-0904 to repot a lost or stolen cad or speak to Customer Relations 0 Pay Online at www.ceolsbne.ocm or mail yora payment to. Capital One Bank (USA), N.A. • P.O. Box 71083 • Chabae, RC 28272-1083 Send Inquiries to: Ceptal Onw P.O. Box 30285 • Sat Lake Cry, UT 84130-0285 ® Manage your Rewards online by visiting or Cat 100-22&3001 is Have a question about a charge on your statement? Please refer to the Billing Rights Summary on the back of your statement or visit www.cacitalone.com/disuules PRASE PAY AT 1fAST THIS AMOUNT You're behind by five payments. If you continue to miss payments your account is at risk of being charged off. Please don't let this happen. If you're feeling overwhelmed, call us at 1.800.955.6600. We'll work with you to resolve this matter. Rewards Summary Previous available balance 59,186 Earned this period: 0 (reflects trensectiorrs posted during this biing cycle) Available Balance: 59,186 Payments, Credits & Adjustments Transactions 1 20 MAY PAST DUE FEE $39 00 2 25 MAY OVERLIMIT FEE MAY 25,20N $39,00 Under terms previously disclosed to you, some or all of your Annual Percentage Rates (APRs) have been increased since your account was past due twice in the past 12 billing cycles. If your rates have already increased, subsequent delinquencies 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 be reviewed fa a possible return to your Non-In(roduclory APR. Your account has gone over its credit limit. To avoid additional overlimit fees, you should pay more than the Minimum Payment. Please pay enough to bring your account balance below your credit 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 because your minimum payment was not received by the due date. To avoid this fee in the future, we recommend that you allow at leash business days for your minimum payment to reach Capital One. PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPfALONE.COM TO MAKE YOUR PAYMENT ONLINE. 1 4802137099935159 25 9123160088541514002 Account Number: 4802-1370-9993-5159 Due Date New Balance Minimum Payment Amount Enclosed Jun. 19, 2009 I I $9,123.16 ) L$11 514.00 ) -------- - - - ------- - PLEASE PAY AT LEAST THIS AMOUNT #9014695653188849# CRAIG L HENCH OLDE FORGE BUILDERS INC. 9 KEYSTONE DR MECHANICSBURG, PA 17050-1571 111111111r11r,1111111rI1'111111'"'1111rtlllllllr11111"'IIIrr11r Lend a hand. Save the land. Manage your account online today- it's fast, easy and secure. Pay online anytime-no more checks, stamps or clutter. 0 Moving? Change your address online or on the back. ® Help save the planet - Go paperless. 0 Sign up at www.capitalone.com. Capital One Bank (USA), N.A. P.O* Box 71083 Charlotte, NC 28272-1083 1111111,111„1111111'IIIItll,rl11111"11.1 ?lll'11"11111111-1111 Please make checks payable to Capital One Bank (USA), N.A. and mail with this coupon in the enclosed envelope. K` G_IBIT A CRAIG L HENCH 500014 Capita__-1I, TAKE CONTROL OF YOUR what'slnyourwa!letT CREDIT WITH CAPITAL ONE? Your account is permanently restricted from future purchases and cash advances. But, it's not too late to prevent further damage to your credit. We want to help! Let's work together to find a solution that's right for you. You can make a payment with our free check by phone service or speak to an associate by calling 1.800.955.6600. n 2009 C?ijniral One. Capital One is a federally registered.remire mark. Al! rights resented. FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date f $9,123.16 ?1-I $1,214.00 $210.10 $78.00 $8,197 26 $631.00 J ul 20, 2009 j . May. 26, 2009 - Jun. 25, 2009 Page 1 of 1 '-------"---------"-_-- PLEASE PAY AT (FAST THIS AMOUNT Visa Business Card Account 4802.1370.9993.5159 Your Account Informallion REWARDS' TOTAL CREDIT LINE $8,000.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $4,000.00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please see reverse for important information) Balance rate Periodic Corresponding RNANCE applied to rate APR CHARGE Purchases $8,414.04 0.08055% D 29.40% $210.10 Cash $0.00 0.08055% D 29.40% $0.00 ANNUAL PERCENTAGE RATE applied this period: 29.40% O At Your Service • Go to ..eariblona.com to manage your account, or Cat 1-BW-867.0904 to report a bd or stolen card or speak to Customer Relations ® Pay Online at www.caoilabne.oom or mail your payment to. Capital One Bank (USA), N.A. • P. 0. Box 71083 • Charbtle, NG 28272-1083 A Send Inquiries to: Captal Ones P.O. Box 30285 • Sat Lake city, UT 84130.0285 ® Manage your Rewards online by visiting or Cat 1.80D-228.3001 Have a question about a charge on your statement? Please refer to the Bill Rights Summary on the back of your statement or visit www.capitalone.com/disputes You're behind by one payment. Remember that paying the minimum payment by the due date keeps your account current. So make sure you send in the minimum payment to keep your account current. Rewards Summa Previous available balance: 59,186 Earned this period: 0 (ranacts transactions posted during this bung cycle) Available Balance: 59,186 Payments, Credits & Adjustments 1 05 JUN PAYMENT $1,214.00. Transactions 2 19 JUN PAST DUE FEE $39.00 3 25 JUN OVERLIMIT FEE JUN 25, 2009 $39.00 Under terms previously disclosed to you, some or all of your Annual Percentage Rates (APRs) have been increased since your account was past due twice in the past 12 billing cycles. If your rates have already increased, subsequenl delinquencies 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 be reviewed for a possible return to your Non-Introduclory APR. Your account has gone over its credit limit. To avoid additional overlimit fees, you should pay more than the Minimum Payment. Please pay enough to bring your account balance below your credit 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 because your minimum payment was not received by the due date. To avoid this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Capital One. PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE. 1 4802137099935159 25 8197261214000631003 Account Number: 4802-1370-9993-5159 Lend a hand. Save the land. Due Date New Balance Minimum Payment Amount Enclosed Manage your account online today- Jul 20, 2009 $8,197.26 $631.00 1 it's fast, easy and secure. - .., % Q Pay online anytime-no more checks, stamps or clc,ter. PLEASE PAY AT LEAST THISAMOUNT Moving? Change your address online or on the back. O ® Help save the planet--Go paperless #9017795653188844# 0 Sign up at www.capitalone.com CRAIG L HENCH OLDE FORGE BUILDERS INC. Capital Ono Bank (USA), N.A. 9 KEYSTONE DR P.O. Box 71083 MECHANICSBURG, PA 17050-1571 Charlotte, NC 28272-1083 EXHIBIT A Please make checks payable to Capital One Bank (USA), N.A. and mail with this coupon in the enclosed envelope, CRAIG L HENCH Capii_ i TAKE CONTROL OF YOUR what'sTnyourwa!let7 CREDIT WITH CAPITAL ONE? 500014 Your account is permanently restricted from future purchases and cash advances. But, it's not too late to prevent further damage to your credit. We want to help! Let's work together to find a solution that's right for you. You can make a payment with our free check by phone service or speak to an associate by calling 1.800.955.6600. nc 9009 Capital One. Capital One is a federally rea stored service mark. All rights reserved. FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date ---- _ $8,197.26 - $0.00 + $200.61 -+? 178.00 $8,475.87 $955.00 Aug 19, 2009 Jun. 26, 2009 - Jul. 25, 2009 Page 1 of 1 Visa Business Card Account 4802.1370.9883.5159 Your Account Information tREWARDf TOTAL CREDIT LINE $8,000.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $4,000.00 AVAILABLE CREDIT FOR CASH $0.00 'Finance Charges (Please see reverse for important information) Balance rate Periodic Corresponding FINANCE applied to rate APR CHARGE Purchases $8,301.55 0.08055% D 29.40% $200.61 Cash $0.00 0.08055% 0 29.40% $0.00 ANNUAL PERCENTAGE RATE applied this period: 29.40% Q At Your Serylie • Go to wrm.cmitsbramom to manage your s;ccuni, or Cat 1-8"7.0904 to report a lost or stolen card or speak to Customer Relations ® Pay Online at wxw.cadtabne.wm or mail your payment to: Capital One Bank (USA), N.A. • P.O. Box 71083 • Charlotte, NC 28272.1083 A Send Inquiries to: Capital One- P.O. Box 30285 - Sal Lake City UT 8, 41 00285 ® Manage your Rewards online by visiting or Cal 100-228-3007 ® Have a question about a charge on your statement? Please reter to the Bill Rights Summary on the back of your statement or visit www.cadtalone.com/disoutes PLEASE PAY AT LEAST THIS AMOUNT You're behind by two payments. Let's talk. If you're having financial difficulties and can't make your minimum payment -we want to help. Let's work together to find a solution. Rewards Summary Previous available balance: Earned this period: (reflects transactions posted during this uilng cycle) Available Balance: 59,186 0 59,188 Payments, Credits & Adjustments Transactions 1 20 JUL PAST DUE FEE $39.00 2 25 JUL OVERLIMIT FEE JUL 25,2X9 $39.00 Under terms previously disclosed to you, some or all of your Annual Percentage Rates (APRs) have been increased since your account was past due twice in the past 12 billing cycles. If your rates have already increased, subsequent delinquencies 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 be reviewed for a possible return to your Non-Introductory APR. Your account has gone over its credit limit. To avoid additional ovedimit fees, you should pay more than the Minimum Payment. Please pay enough to bring your account balance below your credit 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 because your minimum payment was riot received by the due date. To avoid this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Capital One. PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONE.COM TO MAKE YOUR PAYMENT 0NUNE. Account Number: 4802-1370-9993-5159 Due Date New Balance Minimum Payment Amount Enclosed Aug. 19, 2009 } $8,475.87 } I $955.00 r - - - --------- -- PLEASE PAY AT LEAST THIS AMOUNT 1 4802137099935159 25 8475871214000955000 #90207956531888494 CRAIG L HENCH 0LDE FORGE BUILDERS INC. 4 KEYSTONE DR MECHANI CS BURG, PA 17050-1571 lrlylr d-.11rldI,-11ll'11'1'111111'l11,.r'll'111'hl1111111111 Lend a hand. Save the land. Manage your account online today- it's fast, easy and secure. Pay online anytime-no more checks, stamps or clutter. Q Moving? Change your address online or on the back. ® Help save the planetGo paperless. ® Sign up at -.capitalone.com. Capital One Bank (USA), N.A. P.O. Box 71083 Charlotte, INC 28272-1063 1111111rlllrs11111'Il'Illllllssllllll"II'l'Ill'll"IIIIIIII'1111 EXHIBIT A Please make checks payable to Capital One Bank (USA), N.A. and mail with this coupon in the enclosed envelope. CRAIG L HENCH Cap: TAKE CONTROL OF YOUR what's In your wallet? CREDIT WITH CAPITAL ONE 500014 Your account is permanently restricted from future purchases and cash advances. But, it's not too late to prevent further damage to your credit. We want to help! Let's work together to find a solution that's right for you. You can make a payment with our free check by phone service or speak to an associate by calling 1.800.955.6600. C 2009 Grpital One. Capita! One it a fi-dera4v registered service mark. All rights reserved. Visa Business Card Account 4802.137069993.5159 _,? Your Account Information) REWARDS TOTAL CREDIT LINE $8,000.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $4,000.00 AVAILABLE CREDIT FOR CASH $0.00 FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment $8,475.87 $0.00 ll + $214.44 + $39.00-? $8,729.31 1 $1,295.00 -- -- - J - _ _ ?l l --------- _...._._.......-------? .- --- - -- - -- J ..._.......... __._...... - Jul. 26, 2009 -Aug. 25, 2009 Page 1 of 1 --- PLEASE PAY AT IFASTTHIS AMOUNT Finance Charges (Please see reverse for important information) Balance rate Periodic Corresponding FINANCE applied to rate APR CHARGE Purchases $8,587.92 0.08055% D 29.40% $214.44 Cash $0.00 0.06055% D 29.40% $0.00 ANNUAL PERCENTAGE RATE applied this period: 29.40% Q At Your Service • Go to www.cwitatne.com to manage your amount, or Cat I -M-867-0004 to report a lost or stolen card or speak to Customer Relations ® Pay Online at www.cadtabne.com or mail your payment to: Capital One Be* (USA), NA. • P. 0. Box 7108.9 • Charlotte, NO 28272.1083 ® Send Inquiries to: Capital Ono P.O. Box 302B5 • Sal Lake Orly UT 8, 41 00285 ® Manage your Rewards online by visiting Ix Cat 100-228.3001 ® Have a question about a charge on your statement? Please refer to the Billing Rights Summary on the back of your statement or visit www.capitalorte.comtdisoutes Due Date Sep. 19, 2009 You're behind by three payments. But you can bring your account current by paying the minimum payment amount on your statement. If you're having financial difficullies and you're feeling overwhelmed - we want to help. Give one of our associates a call at 1.800.955,6600, You'd be surprised what we can do together to work this out. Rewards Summa Previous available balance: 59,186 Earned [his period: 0 (reflects transactions posted during this biling cycle) Available Balance: 59,186 Payments, Credits & Adjustments Transactions 1 19 AUG PAST DUE FEE $39.00 Under terms previously disclosed to you, some or all of your Annual Percentage Rates (APRs) have been increased since your account was past due twice in the past 12 billing cycles. If your rates have already increased, subsequent delinquencies extended the duration of the increased rates. Remember If we receive your minimum monthly payment on time for 12 consecutive billing cycles, this account wig be reviewed for a possible return to your Non-Introductory APR. Your account has gone over its credit limit. To avoid additional overlimit fees, you should pay more than the fdinimum Payment. Please pay enough to bring your account balance below your credit limit immeriately, 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 because your minimum payment was not received by the due date. To avoid this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Capital One. PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ONTO WWW.CAPITALONE.COM TO MAKE YOUR PAYMENT ONUNE. 1 4802137099935159 25 8729311214001295008 "--I Account Number: 4802-1370-99935159 Due Date New Balance Minimum Payment Amount Enclosed - - - -------- - - ------ Sep. 19, 2009 $8,729.31 - ( $1,295.00 ............... --- --- -- ---------? ---- PLEASE PAY AT LEAST THIS AMOUNT #9023895653188844# CRAIG L HENCH 0LDE FORGE BUILDERS INC. 9 KEYSTONE DR MECHANICSBURG, PA 17050-1571 Llrlrlrlllllllr,ll'ullr„IIIIIIII,IIIrIrlJhll'lll'1II11111J Lend a hand. Save the land. Manage your account online today- it's fast, easy and secure. e Pay online anytime-no more checks, stamps or clutter. 0 Moving? Change your address online or on the back. ® Help save the planet---Go paperless. Sign up at vvww.capitalone.com. Capital One Bank (USA), N•A• P•0• Box 71083 Charlotte, NC 28272-1083 nlllll'III"nhl?h?ldlnlrrllull"II?I'Ill'Il"IIIIIIII'IHI EXHIBIT A Please make checks payable to Capital One Bank (USA), N.A. and mail with this coupon in the enclosed envelope. CRAIG L HENCH CalpifMTAKE CONTROL OF YOUR whafs,nyourwa!let7 CREDIT WITH CAPITAL ONE? 500014 Your account is permanently restricted from future purchases and cash advances. But, it's not too late to prevent further damage to your credit. We want to help! Let's work together to find a solution that's right for you. You can make a payment with our free check by phone service or speak to an associate by calling 1.800.955.6600. 0 2009 Capital One. Capital Our is a federally ree stored semire mark. All rights reserved. FINANCE Previous Balance Payments 8 Credits CHARGE Transactions New Balance Minimum Payment Due Date $8 729.31 $0.00 $220 85 + $78.00 $9,028.16 ( $1,645.00 ? Oct 20, 2009 -? Aug, 26, 2009 - Sep. 25, 2009 Page 1 of 2 -------- ------ PLEASE PAY AT ITAST THIS AMOUNT visa Business Card Account 4802-1370491115159 lllles* Your Account Information) Ei RE WARDS TOTAL CREDIT LINE $8,000.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $4,000.00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please see reverse for important information) \ Balance rate Periodic Corresponding FINANCE applied to rate APR CHARGE Purchases $8,844.44 0.08055% D 29.40% $220.85 Cash $0.00 0.06055% D 29.40% $0.00 ANNUAL PERCENTAGE RATE applied this period: 29.40% O At Your Service • Go Io wnw.ceatabna.oom to menage your account, or Cat 14W-867-0904 lo report a bst or slolan card or speak to Cusi mer Reletims Alialk Pay Online at www.cadlabne.com w mad your payment to: Capital One Bank (USA), N.A. • P.O. Box 71083 • Charbtte, NO 28272-1083 A Send Inquiries to: Captal Ow P.O. Box 30285 • Sad Lake City, LIT 84130-0285 Aft Manage your Rewards online by visiting or Cat 100-228-3001 ® ® Have a question about a charge on your statement? Please refer to the Biding Rights Summary on the back of your statement or visit www.caoitalone.comldwutes You're behind by four payments. But you can still bring your account current by paying the minimum payment amount on your statement. Need help? Give us a call at 1.800.955.6600. We'll work together to find a solution. Rewards Summary Previous available balance 59,186 Earned this period 0 (reflects transactions posted during this bitng cycle) Available Balance 59,186 Payments, Credits & Adjustments Transactions 1 19 SEP PAST DUE FEE $39.CO 2 25 SEP OVERLIMIT FEE SEP 25, 2009 $39.00 Under terms previously disclosed to you, some or all of your Annual Percentage Rates (APRs) have been increased since your account was past due twice in the past 12 billing cycles. If your rates have already increased, subsequent delinquencies 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 be reviewed for a possible return to your Non-Introductory APR. Your account has gone over its credit limit. To avoid additional overlimit fees, you should pay more than the Minimum Payment. Please pay enough to bring your account balance below your credit 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 because your minimum payment was not received by the due date. To avoid this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Capital One. Important Information About Credit Reporting: We will be reporting your Capital One@ Small Business Credit Card status to consumer credit bureaus beginning October 1, 2009. Late payments, missed payments or other defaults on your account may be reflected in your credit report. PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE. 1 4802137099935159 25 9028161214001645000 Account Number: 4802-1370-9993-5159 Due Date New Balance Minimum Payment Amount Enclosed Oct. 20, 2009 $9,028.16 J $1,645.00 .....-..-.._........._...- PLEASE PAY AT LEAST THIS AMOUNT #9026995653188849# CRAIG L HENCH OLDE FORGE BUILDERS INC- 4 KEYSTONE DR n ECHANICSBURG, PA 17050-1571 n1,111111?111111^"Ir11.1111111Ph1?11?111rnIIIrr111111-11 GO GREEN. SAVE GREEN! Pay online and save money on stamps. / Sign up at www.capitalone.com -?J Capital One Bank (USA), N.A. P•0• Box 71083 Charlotte, NC 28272-1083 I III I I I-111..11111-11-1111111r-111111"111?111?11'?I1111111.1111 Please make checks payable to Capital One Bank (USA), N.A. and mail with this coupon in the enclosed envelope. EXHIBIT A CRAIG L HENCH Cap?taj - our 500017 • know your credit limit and the amount of credit available for your use. • Maintain a good credit history..,it affects more areas of your life than just your ability to get a credit card, • Use a budget to help you see what you can afford to buy now and to help you save for the future. • Understand that the cost of credit includes fees as well as interest. • Request a copy of your credit report from a credit reporting bureau regularly. FINANCE Previous Balance Payments & Credits l CHARGE Transactions New Balance Minimum Payment - - - $8,729.31 - $0.00 + $220.85 +` $78.00 $9,028.16 ) C $1,645.00 ti Aug. 26, 2009 - Sep. 25, 2009 Page 2 of 2 "- PLEASE PAY AT (EAST THIS AMOUNT Visa Business Card Account 4902.137041993.5159 C Your Account Information ?evuWA DV TOTAL CREDIT LINE $8,000.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $4,000.00 AVAILABLE CREDIT FOR CASH $0.00 D_ua Date l Oct. 20, 2009 Important change to your Rewards travel redemptions beginning February 2010. A booking fee may apply when you call our Rewards Center to book travel using your rewards. However, you can still book travel online for free at www.capilalone.corn. EXHIBIT A 500012 `lnyourwaNet? IT'S STILL NOT TOO LATE. Your account is unusable. Please pay the amount due on your statement by the due date. Remember we're here to help! Let's work together to find a solution that's right for you. You can make a payment with our fig check by phone service or speak to an associate by calling 1.800.955.6600. C> 2009 Capital One. Capital One is a federally regiaered service wark. All rights rese owed. FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date $9,028.16 - $0.00 + $228.40 ?+ $78.00 1= $9,334.56 $2,005.00 Nov. 20, 2009 7 Sep. 26, 2009 - Oct. 26, 2009 Page 1 of 1 Visa Business Card Account 4802.13705993.5159 A 1 Your Account Information C . 2 REWARDS TOTAL CREDIT LINE $8,000.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $4,000.00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please see reverse for important information) Balance rate Periodic Corresponding FINANCE applied to rate APR CHARGE Purchases $9,146.93 0.080x1% 0 29.40% $228.40 Cash $0.00 0.08055% 0 29.40% $0.00 ANNUAL PERCENTAGE RATE applied this period: 29.40% Q At Your Service - Go to www cep8abn&oom to manage your account, or Cat 1.800-867-0904 io report a bet or slokr. card or speak to Ouslomer Rebtims ® Pay Online at www.caoitabne.mm or mail your payment to: Capital One Bank (USA), N.A. - P.O. Box 71083 • Charbtte, NC 28272-1083 ® Send Inquiries to: Capital Ones P.O. Box 30285 - Sal Lake City, UT 84130.0285 ® Manage your Rewards online by visiting aCat 100-228.3001 ® Have a question about a charge on your statement? Please refer to the Billing Rights Summary on the back of your statement a visit www caoitalone.com/disoutes PLEASE PAY AT LfAST THIS AMOUNT You're behind by five payments. If you continue to miss payments your account is at risk of being charged off. Please don't let this happen. If you're feeling overwhelmed, call us at 1.800.955.6600. Well work with you to resolve this matter. Rewards Summary Previoua available balance 59,186 Earned this period: 0 (reBBCfs transactions posted during this boiling cycle) Available Balance: 59,186 Payments Credits & Adjustments Transactions 1 2000T PAST DUE FEE $390 2 26 OCT OVERLIMIT FEE OCT 26, 2009 $39.00 Under terms previously disclosed to you, some or all of your Annual Percentage Rates (APRs) have been increased since your account was past due twice in the past 12 billing cycles. If your rates have already increased, subsequent delinquencies extended the duration of the increased rates. Remember: If we receive your minimum monthly payment on time for 12 consecutive billing cycles, this account wig be reviewed for a possible return to your Pon-Introductory APR. Your account has gone over its credil limit. To avoid additional overlimit fees, you should pay more than the Minimum Payment. Please pay enough to bring your account balance below your credit 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 because your minimum payment was not received by the due date. To avoid this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Capital One. PLEASE RETURN PORTION 3ELOW WITH PAYMENT OR LOG ONTO WWW.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE. Account Number: 4802-1370-9993-5159 Due Date New Balance Minimum Payment Amount Enclosed Nov. 20, 2009 L $9,334.56 $2,005.00 l PLEASE PAYAT LEAST THIS AMOUNT 1 4802137099935159 25 9334561214002005002 #9030095653188842# CRAIG L HENCH OLDE FORGE BUILDERS INC. 9 KEYSTONE DR MECHANICSBURG, PA 17050-1571 n1f1f41'f'rf'ullhl??lllur??llfllhlf?l?flf?r'I?ul?unl' BE SAFE! Your trash could be an identity thief's . gold. Manage your account online and end the paper trail. Sign up at www.capitalone.com Capital One Bank (USA), N.A. P•0• Box 71083 Charlotte, NC 28272-1083 Illlllf lfl"I If IIIII lllllllrrllIIf l"Il I] II Please make checks payable to Capital One Bank (USA), N.A. and mail with this coupon in the enclosed envelope. EXHIBIT A CRAIG L HENCH Cappw what's in your wallet? 500013 IT'S TIME TO TAKE CONTROL OF YOUR DEBT. WE'RE HERE TO HELP. Even if we report your account as charged off, you'll still be responsible for paying your debt. So why not call us to see what we can do together to keep you from receiving such a serious mark on your credit record? Please contact us to find a solution that's right for you. You can make a payment with our free check by phone service or speak to an associate by calling 1.800.955.6600. Make sure you call or pay the amount due on your statement by the due cate to eliminate the risk of beigg charged off. C 200Y Capital One. Capital One is a ?dewily regnrered mruirc murk. All rights reren?ed. FINANCE Previous Balance Payments 8 Credits CHARGE Transactions New Balance Minimum Payment $9,334.56 $0.00 + $228.41 + $78.00 $9,640.97 $2,368.00 _........... --- -- - ?..... -------J 1 - --..._._.. -? ` -- ---... --------? - - -? Oct. 27, 2009 - Nov. 25, 2009 Page 1 of 1 PLEASE PAY AT LFAST THIS AMOUNT Visa Business Card Account 4902.1370.9993.5159 hNoHmialle Your Account Information Q REwARDT TOTAL CREDIT LINE $8,000.00 TOTAL AVAILABLE CREDIT $0.00 CREDIT LINE FOR CASH $4,000.00 AVAILABLE CREDIT FOR CASH $0.00 ' Finance Charges (Please see reverse for important information) Balance rate Periodic Corresponding FINANCE applied to rate APR CNARGE Purchases $9,452.23 0.08055% 0 29.40% $MAi Cash $0.00 0.08055% D 29.40% $0.00 ANNUAL PERCENTAGE RATE applied this period: 29.40% At Your Service • Go to www ceitatrra.com to manage your axcunl, or Cat 1.800.867-0904 to report a lost or stolen card ar speak to Qrstomer Relations Due Date l Dec. 21, 2009 You're behind by six payments. If we charge off your account due to late or missed payments, finance charges wit continue to accrue. Act now to prevent this from happening. Please pay the minimum payment amount on your statement or give us a call at 1.800.955.6600. Were here to help. Take control of your credit with Capital One. "Important Notice" Under the terms we previously disclosed to you, your account is now eligible for an increase in Annual Percentage Rates (APRs) effective immediately. However, Capital One has elected not to raise your APRs at this time. Please be advised that if you fail to keep your account in good standing, Capital One reserves the right to raise your APRs in the future. Rewards Summary Previous available balance: 59,186 Earned this period: 0 (reflects Iransactions posted during this biting cycle) Available Balance 59,186 Payments Credits & Adjustments Transactions 1 20 NOV PAST DUE FEE $39.00 2 25 NOV OVERLIMIT FEE NOV 25, 2009 $39.00 Pay Online at www.cacitabnsoom or mad your payment to. ® Capital One Bank (USA), N.A. • P.O. Box 71083 - Charlotte, NO 28272-1083 A Send Inquiries to: Your account has gone over its credit limit. To avoid additional overWmit fees, you should pay more than Capial Onw P.O. Box 30285 - Sat Lake City. UT 84130-0285 the Minimum Payment. Please pay enough to bring your account balance below your credit limit immediately, and make sure your account balance remains below your credit limit. Please be sure the ® Manage your Rewards online by visiting amount you pay accounts for any future purchases, fees, and finance charges. or Cat tA00-228-3001 You were assessed a past due fee because your minimum payment was not received by the due dale. To avoid this fee in the future, we recommend that you allow al least 7 business days for your minimum ® Have a question about a charge on your statement? payment to reach Capital One. Please refer to the Billing Rights Summary on the back of your statement or visit www caatalone.comidisoules PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPfrALONE.COM TO MAKE YOUR PAYMENT ONLINE. 1 4802137099935159 25 9640971214002368003 Account Number: 4802-1370-9993-5159 Due Date New Balance Minimum Payment Amount Enclosed Dec. 21, 2009 $9,640.97 $2,368.00 PLEASE PAY AT LEAST THIS AMOUNT #9033095653188849# CRAIG L HENCH 0LDE FORGE BUILDERS INC. 9 KEYSTONE DR MECHANICS BURG, PA 17050-1571 IIIIIIIIIIII"1'111'1"III'll'lll'lllll'IIIIIIIInIIrLLllrllnl GO PAPERLESS! The trees will thank you, Sign up at www.capitalone.com Capital One Bank (USA), N.A. P.O. Box 71083 Charlotte, NC 28272-1083 1111111'III"IIIII'Il'Illllll"111111"II'I'Ill'Il"III11111'Il II EXHIBIT A Please make checks payable to Capital One Bank (USA), N.A. and mail with this coupon in the enclosed envelope. CRAIG L HENCH CAPITAL ONE BANK (USA), N.A., Plaintiff, V. CRAIG L HENCH Defendant(s). VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities, that he/she is an authorized agent of CAPITAL ONE BANK (USA), N.A., Plaintiff herein, and that he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. Dated: d- 2- I y I -? Margaret Parton N00000033958887 621894500 A088 HAYT, HAYT & LANDAU LAW OFFICES OF PETER J. RUSSO, P.C. ATTORNEYS FOR DEFENDANTS 5006 EAST TRINDLE ROAD, SUITE 100 MECHANICSBURG, PA 17050 (717) 591-1755 -PHONE (717) 591-1756 -FAX CAPITAL ONE BANK Plaintiff . v. . CRAIG L. HENCH and OLDE FORGE BUILDERS. INC. Defendants . T v ! r` i~ ?!-'li ~'i ~, ~ j°,'-~~w, COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.10-6177 CIVIL TERM NOTICE TO PLEAD TO: CAPITAL ONE BANK c% Arthur Lashin, Esquire You are hereby notified to file a written a written response to the enclosed Defendant's Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, ~W OFFS OF~EiI'ER J. RUSSO, P.C. Peter J. Russo, Esquire Attorney ID No. 72897 Elizabeth J. Saylor, Esquire Attorney ID No. 20013 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 717-591-1755 Date: (~, ~ ~, ~ ~ p t , LAW OFFICES OF PETER J. RUS50, P.C. ATTORNEYS FOR DEFENDANTS 5006 EAST TRINDLE ROAD, SUITE 100 MECHANICSBURG, PA 17050 (717) 591-1755 -PHONE (717) 591-1756 -FAX CAPITAL ONE BANK Plaintiff : v. . CRAIG L. HENCH and . OLDE FORGE BUILDERS. INC. Defendants . COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.10-6177 CIVIL TERM PRELIMINARY OBJECTIONS OF DEFENDANTS, CRAIG L. HENCH AND OLDE FORGE BUILDERS. INC. AND NOW, COME Defendants, Craig L. Hench and Olde Forge Builders, Inc., by and through their attorneys, Law Offices of Peter J. Russo, P.C., and file the within Preliminary Objections to Plaintiff's Complaint, and in support thereof, avers as follows: 1. On or about September 27, 2010, Plaintiff commenced an action against Defendants by filing a Complaint in the Court of Common Pleas of Cumberland County, Pennsylvania. 2. Plaintiff s Complaint purports to set forth a single cause of action against Defendants sounding in breach of contract. FAILURE OF A PLEADING TO CONFORM TO LAW OR RULE OF COURT and INSUFFICIENT SPECIFICITY IN A PLEADING - PA.R.C.P.1028 3. Paragraphs 1- 2 aze incorporated herein by reference as if fully set forth at length. 4. Rule 1019 (h) and Rule 1019 (i) of Pennsylvania Rules of Civil Procedure requires that when any claim or defense is based upon an agreement and if the agreement is in writing, f it must be attached to the pleading. 5. The allegations set forth in Plaintiff's Complaint assert that. Defendant owes a sum specific of money to the Plaintiff, specifically $10,898.21. 6. Plaintiff does not attach "a true and correct copy of the total due and owing," instead Plaintiff attached copies of some random statements. 7. Plaintiff fails to attach the contract between the parties and is therefore in violation of the Rules of Civil Procedure. 8. In a credit card suit, a creditor must "attach the writings which assertedly establish [the creditor's] right to a judgment." Atlantic Credit and Finance, Inc. v. Giuliani, 2003 PA Super 259, 829 A.2d 340, 345 (2003). 9. The Plaintiff has failed to "attach the writings which assertedly establish [the creditor's] right to a judgment." 10. Rule 1019 of the Pennsylvania Rules of Civil Procedure requires that a plaintiff shall (1) set forth the material facts upon which a cause of action is based and (2) attach the writings when a claim is based on a writing. 11. Whenever a claim involves one period of time in which the initial terms and conditions of the credit card agreement apply and other periods of time in which amended terms and conditions apply, the plaintiff must attach to the complaint both the original and amended terms and conditions with the dates on which they are applicable. Worldwide Asset Purchasing, LLC v. Stern, 153 P.L.J. 111 (2004). 12. A complaint in which a plaintiff seeks recovery of a specific amount of money that is allegedly due must include documentation or allegations supporting recovery of this amount sufficient documentation to permit a defendant to calculate the total amount of '~ > damages that are allegedly due by reading the documents attached to the complaint and the allegations in the complaint. Worldwide Asset Purchasing, LLC v. Stern, 153 P.L.J. 111 (2004). 13. Plaintiffs Complaint is insufficiently specific because it does not meet the requirements. of Pa. R.C.P. 1019(a) and (f). 14. Plaintiff avers that Defendants owes $10,898.21 for charges made under a credit agreement with a credit card yet does not attach anything showing such information. 15. Pa.R.C.P. 1019(f) states that "[a]verments of time, place and items of special damage shall be specifically stated." 16. Plaintiff has failed to comply with Pa.R.C.P. 1019(fj. 17. Pa. R.C.P. No. 1024 requires that every Complaint be verified by a party, unless the party is without sufficient knowledge or information with which to verify, or, alternatively, that the party is outside the jurisdiction of the court and its verification cannot be obtained within the time allowed for pleading. Pa. R.C.P. No. 1024(c)(1)and(2). 18. The Complaint is verified by an authorized agent of CAPITAL ONE BANK (USA), N.A. which is a separate and distinct entity from the Plaintiff and therefore not an employee or agent of the Plaintiff. 19. Defendants believe therefore aver that the obligation Plaintiff seeks to collection has been assigned from the original creditor and Plaintiff has not attached an a true and correct copy of said assignment. 20. Plaintiff failed to state specifically whether said alleged assignment was oral or written, in violation of Pennsylvania Rule of Civil Procedure 1019(h). 21. Plaintiff failed to attach the alleged assignment to the complaint, in violation of Pennsylvania Rule of Civil Procedure 1019(1). 22. Demurrer is appropriate because Plaintiff is not a real party in interest in this matter, it lacks capacity to sue, pursuant to Pennsylvania Rule of Civil Procedure 2002(a), which requires that all actions shall be prosecuted by and in the name of the real party in interest. 23. The complaint alleged that Defendant received, accepted, and used an account and the account is in default and has an unpaid balance of $10,898.21; however, the complaint failed to state any claim upon which relief can be granted. WHEREFORE, Defendants respectfully request that this Honorable Court SUSTAIN the Preliminary Objection and strike Plaintiff s Complaint. Respectfully submitted, PETER J. RUSSO, P.C. Peter J. Russo, Esquire Attorney ID No. 72897 Elizabeth J. Saylor, Esquire Attorney ID No. 20013 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 717-591-1755 Date: j ~~ b t l ~ LAW OFFICES OF PETER J. RUSSO, P.C. ATTORNEYS FOR DEFENDANTS 5006 EAST TRINDLE ROAD, SUITE 100 MECHANICSBURG, PA 17050 (717) 591-1755 -PHONE (717) 591-1756 -FAX CAPITAL ONE BANK Plaintiff v. CRAIG L. HENCH and OLDE FORGE BUILDERS. INC. Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.10-6177 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of Defendants' Preliminary Objections to Plaintiff's Complaint upon the following persons, in the manner indicated: FIRST CLASS MAIL Hayt, Hayt, & Landau, LLC Arthur Lashin, Esquire 400 Market Street, Suite 600 Philadelphia, PA 19106-2513 THE LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Defendants „ ~. BY: ~ ~1 o-Q Ashley R. M colm, Paralegal Date: ~ ~} ((,~ `` SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ,~ Sheriff r- It C~-0~"f=1C~ ~4~trticq pt ~~a)ribr ~~ ~~rr''~} t f I:-?'~'°"t-R~~°~ ~~1~ `~~ Jody S Smith Chief Deputy ~; ~,~ Z~ ~ ~ ~~'~ _ ~ R~=~ `: 2 Richard W Stewart , ~ ~ '~ Solicitor ~F~ECE.~,F ~ ~,.~RI~F !'~~"~~~~(.j,i~L CQi~~~T~~' oti Capital One Bank Case Number vs. Craig L. Hench (et al.) 2010-6177 SHERIFF'S RETURN OF SERVICE 10/01/2010 03:34 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 1, 2010 at 1534 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Craig L. Hench, by making known unto Amber Southard, Paralegal for Attorney Peter Russo at 5006 E. Trindle Road, Suite 100, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct c ,of~the s~am~e~ _d Cam' ` NOAH CLINE, DEPUTY 10/01/2010 03:34 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 1, 2010 at 1534 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Olde Forge Builders, Inc., by making known unto Amber Southard, Paralegal for Attorney Peter Russo at 5006 E. Trindle Road, Suite 100, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. ~. ` ~~ NOAH CLINE, DEPUTY SHERIFF COST: $53.44 October 05, 2010 SO ANSWERS, ~~¢ RON R ANDERSON, SHERIFF (c) Goun~y8uite Sheriff. Teleosoff. Inc. Acceptance of Service I accept the service of the ~~~~,;, ~ f ~~ c.L (on behalf of /~/sCe ~~ ~~-,'l~vs, hc, and certify that I am authorized to do so.) iol ~I~o Date ~~~~~ Authorized Agent ~~ ~ Address Acceptance of Service I accept the service of the ~~~/~.~~ ~ /~~ ?.e (on behalf of !~.,~~ .and certify that I am authorized to do so.) ~ 1 t ~ Date T Authorized Agent .~ 20JQ ocr zo ~~ ~ : ~ 3 ~~r~se~a~.A~~ ~a~~~- ,i ~ ~ENP~SY~,~rANl,Q HAYT, HI~1fT & LANDAU BY: A1tT"~ LASt3IN IDENTiFlCA710N NO. 23425 ATTORNEY FOR PLAINTIFF SIXTH F ~ ~ STAEIT . 400 PHILADELPHIA, PA 19106-2509 (216) 928-14pq ~: i CAPITAL!ONE BANK vs. CRAIG U;NENCH and OLDE F(~12GE BUILDERS, !NC CUMBERLAND COUNTY COURT OF COMMON PLEAS •. cl~~ DIVISION I'E'RM, NO. 10-bt77 PRAECIPE TO DISCONTINUE WITHOUT'PREJUDICE TO THE PROTHONTARYe . I Kindly discontinue the above captioned matter ~witlidut prej~idice. l HAYT I sv: . . ',i . I~ 25