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HomeMy WebLinkAbout10-6939NAN30690 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. Goldman & Warshaw, P.C. BY: Barry A. Rosen, Esquire PA Identification No: 42951 GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK 4851 Cox Road Glen Allen, VA 23060 Vs. DOUGLAS R WASHINGER 142 E KING ST SHIPPENSBURG PA 17257-1329 c-j o r-TI - ?- - ..{7 i r < e V r -T7 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: Ip - 039 NOTICE 0YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S BEDFORD STREET CARLISLE, PA 17013 lu 717-249-3166 .00 P 0 AT1Y e 8'xik 0 a o o6co.? Goldman & Warshaw, P.C. BY: Barry A. Rosen, Esquire PA Identification No: 42951 GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK 4851 Cox Road Glen Allen, VA 23060 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOUGLAS R WASHINGER 142 E KING ST SHIPPENSBURG PA 17257-1329 DOCKET NO. : , COMPLAINT IN CIVIL-ACTION 1. Plaintiff, Capital One BANK (USA), N.A., is a federally chartered bank authorized to do business in Pennsylvania with an address as stated in the caption above, and is successor in interest to Capital One Bank in accordance with a change of name and designation as federally chartered bank as authorized by the U.S. Comptroller of the Currency. 2. Defendant DOUGLAS R WASHINGER is an adult individual residing at the above captioned address. 3. At all'times relevant hereto, the defendant was the holder of a credit card, which at the request of the defendant was issued to the defendant by the plaintiff under the terms of which the plaintiff agreed to extend to defendant the use of plaintiffs credit facilities. 4. Defendant accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the plaintiff for the use of said credit card. 5. The defendant received and accepted goods and merchandise and/or accepted services and/or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of Plaintiff's Affidavit is attached hereto as Exhibit "A". 6. After allowing for all offsets and credits, a balance as of October 22, 2010 remains on the subject account having account number 5291151841913567 in the amount of $7,607.56 plus interest accruing at the rate of 25.9% from November 18, 2008 in the amount of $4,469.71 for a total current amount due of $12,077.27; as of October 22, 2010 there remains a balance due in the amount of $12,077.27. 7. Plaintiff has made demand upon the defendant for payment of the balance due of $12,077.27 but the defendant has failed and refused and still refuses to pay the same or any part thereof. 8. Defendant's last payment on account was made on January 24, 2008. WHEREFORE, plaintiff claims of the defendant the sum of $12,077.27 plus applicable court costs and interest. Goldman & Warshaw, P.C. BY: Barry A. R en, Esquire Attorney for Plaintiff THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR PACARD CAPITAL ONE BANK (USA), N.A., Plaintiff, V. DOUGLAS R WASHINGER 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 i? Civil Action are true and correct to the best of his/her knowledge, information and belief. Dated: / Pamela Nelson Vc A232 GOLDMAN & WARSHAW, P.C. EXHIBIT "A" CAPITAL ONE BANK (USA), N.A., Plaintiff, V. DOUGLAS R WASHINGER Defendant(s). AFFIDAVIT The undersigned, being duly sworn, makes the following oath: 1. I am over 18 years old and competent to make this affidavit. I am an authorized agent of Plaintiff CAPITAL ONE BANK (USA), N.A. ("Capital One") for purposes of this affidavit. I am duly authorized to make this affidavit, and because of the scope of my job responsibilities, I am familiar with the manner and method by which Capital One maintains its normal business books and records, including computer records of defaulted accounts. 2. These books and records are made in the course of regularly conducted business activity (1) at or near the time the events they purport to describe occurred, by a person with knowledge of the acts and events, or (2) by a computer or other similar digital means, which contemporaneously records an event as it occurs. The contents of this affidavit are believed to be true and correct based upon my personal knowledge of the processes by which Capital One maintains its business books and records. 3. The books and records of Capital One show that Defendant(s) opened an account with Capital One for the purpose of obtaining an extension of credit and did thereafter use or authorize the use of the account for the acquisition of goods, services, or cash advances in accordance with the Customer Agreement governing use of that account. Further, Defendant(s) has/have breached the Agreement by failing to make periodic payments as required thereby. 4. The books and records of Capital One show that Defendant(s) is/are currently indebted to Capital One on account number 5291151841913567 for the just and true sum of $8444.25 as of 12/18/2008, plus interest accruing from said date at an annual percentage rate in accordance with the Customer Agreement, currently 25.90%, and that all just and lawful offsets, payments, and credits have been allowed. The Customer Agreement entered into between the parties also authorizes Capital One to recover from Defendant(s) reasonable attorneys' fees and costs to the extent permitted by law. 5. Post judgment interest will continue to accrue on Defendant's 'I ind bt d e e ness at the rate authorized by law and as set forth in the judgment order. 6. 1 declare under the penalty of perjury that the foregoing is true and correct d i'f an called as a witness I would competently testify, under oath, thereto. Given under my hand on: Dated: Pamela Nelson County of Chesterfield, to wit: Commonwealth of Virginia SUBSCRIBED and sworn to before me, the undersigned Notary Public in and for the jurisdiction aforesaid, by Pamela Nelson who acknowledged before me his/her signature to the foregoing Affidavit. GIVEN under my hand and seal this CQ day of -- , 20OR Notary Public Notary Registration Number; SHARONDA NICOLE JO N 415- Notary Public My Commission Expires: / / 20 Commonwealth of vlr Ic 7177$01 11MY Commission Explrae Dec 31, 2012 A232 GOLDMAN & WARSHAW, P.C. P?fALE -Alp log : S r G?S ' C9 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson OF THEFILED-OFFICE p HAR;' Sheriff o?i?tr pt ttui rtr ? DEC --2 PM 3: 4 S Jody S Smith 20 i'a 1 4 Chief Deputy Richard w Stewart CUMBERLAND COUNTY Solicitor OMCF P TK°KER'FF PENNSYLVANIA Capital One Bank vs. Douglas R. Washinger Case Number 2010-6939 SHERIFF'S RETURN OF SERVICE 11/24/2010 02:04 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on November 24, 2010 at 1404 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Douglas R. Washinger, by making known unto himself personally, at 142 E. King Street, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $82.00 November 30, 2010 A_V? L16&z26;:: GERALD WORTHINGTO EPUTY SO ANSWERS, RON R ANDERSON, SHERIFF Cj Count SLAG Shennff. Ie.eosoft. Inc. OF THE PROTOONO rA ^ `r IN THE COURT OF COMMON PLEA OF CUMBERLAND COUNTY, PENNSYL IOW i o PM I : 1 I CUMBERLAND OOUNTy PENNSYLVANIA Capital One Bank (USA), N.A., Successor in interest to Capital One Bank 4851 Cox Road Gen Allen, VA 23060 . Plaintiff . VS. Douglas R Washinger 142 E King Street Shippensburg, PA 17257-1329 Defendant To The Prothonotary: : No. 10-6939 Civil Term Praecipe Please enter my appearance on behalf of Defendant in the above captioned case. Respectfully, Date: 0 & 116 H. Anthony Adams, Esquire Attorney for Defendant 49 West Orange Street Suite 3 Shippensburg, PA 17257 (717)-532-3270 w w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Capital One Bank (USA), N.A., Successor in interest to Capital One Bank 4851 Cox Road Gen Allen, VA 23060 Plaintiff VS. Douglas R Washinger 142 E King Street Shippensburg, PA 17257-1329 Defendant : No. 10-6939 Civil Term PRELIMINARY OBJECTIONS - - cn r , -4° >° -o - z 7 C"3 7 Now comes the Defendant, Douglas R. Washinger, by and through his attorney, H. Anthony Adams, Esquire and sets forth the following: 1. The pleading in this case does not conform to law or rule of court in as much as paragraph 5 and 6 were obviously added after signatures, verification and the affidavit. 2. The item attached as an "affidavit" is impertinent and does not conform to the information contained within the body of the complaint. The claimed affidavit and verification predate the information in the complaint by one and one-half years. Wherefore, Defendant prays your Honorable Court dismiss the Plaintiff's complaint. Respectfully, Date: i 10 H. Anthony Adams, Esquire Attorney for Defendant 49 West Orange Street Suite 3 Shippensburg, PA 17257 (717)-532-3270 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Praecipe and Preliminary Objections upon the person indicated below, by depositing a copy of the same in the United States Mail, Shippensburg, Pennsylvania, with first class postage prepaid: Barry A. Rosen, Esquire Goldman & Warshaw, P.C. 312 W. Broad Street Quakertown, PA 18951 Date: ?a Ib t 1 H. Anthony Adams, Esquire 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 (717)-532-3270 NAN30690 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. Goldman & Warshaw, P.C. BY: Barry A. Rosen, Esquire PA Identification No: 42951 GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK 4851 Cox Road Glen Allen, VA 23060 vs. DOUGLAS R WASHINGER 142 E KING ST SHIPPENSBURG PA 17257-1329 c? --? COURT OF COMMON PLEAS -; -' _ CUMBERLAND COUNTY DOCKET NO.: 10-6939 NOTICE - 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 ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S BEDFORD STREET CARLISLE, PA 17013 717-249-3166 Goldman & Warshaw, P.C. BY: Barry A. Rosen, Esquire PA Identification No: 42951 GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff l AYl 1AL U1VL IJAIN& (UJA), N.A., successor in interest to CAPITAL ONE BANK 4851 Cox Road Glen Allen, VA 23060 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DOUGLAS R WASHINGER 142 E KING ST SHIPPENSBURG PA 17257-1329 DOCKET NO.: 10-6939 AMENDED CIVIL ACTION COMPLAINT 1. Plaintiff, CAPITAL ONE BANK (USA), N.A., is a federally chartered bank authorized to do business in Pennsylvania with an address as stated in the caption above, and is successor in interest to Capital One Bank in accordance with a change of name and designation as federally chartered bank as authorized by the U. S. Comptroller of the Currency in letter attached here to as Exhibit "A", the terms of which are incorporated by reference. 2. Defendant is DOUGLAS R WASHINGER, an individual residing at the captioned address. 3. At all times relevant hereto, the defendant was the holder of a credit card, which at the request of the defendant was issued to the defendant by the plaintiff under the terms of which the plaintiff agreed to extend to defendant the use of plaintiff's credit facilities. A true and correct copy of defendant's signed Credit Card Application and User Agreement are attached hereto collectively as Exhibit "B" and incorporated herein. 4. Defendant accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the plaintiff for the use of said credit card. 5. The defendant received and accepted goods and merchandise and/or accepted services or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of the last monthly billing statement issued to defendant and an Affidavit of the Plaintiff are collectively attached hereto as Exhibit "C". 6. Defendant defaulted under the terms of the credit card agreement by failing to make monthly payments when due. 7. All the credits to which the defendantis entitled have been applied and as of February 3, 2012 there remains a balance due in the amount of $14,604.09, including interest continuing to accrue at the rate of 25.90% in the amount of $6,035.21 to date. 8. Plaintiff has made demand upon the defendant for payment of the balance due but the defendant has failed and refused and still refuses to pay the same or any part thereof. 9. Defendant's last payment on account was made on January 24, 2008. WHEREFORE, plaintiff claims of the defendant the sum of $14,604.09 plus applicable interest and court costs. Goldman & Warshaw, P.C. '274 ? - BY: BARRY A. ROSEN, SQUIRE Attorney for Plaintiff P300 N AN30690 CAPTTAT. ONE RANK (USA), N.A., successor in interest to CAPITAL ONE, RANK VERIFICATION "0 'Zal 1, a hereby state that 1 am the ? zcJ f?5;? of Plaintiff herein; that 1 am authorized to make this verification on beliall'of' Plaintiff in the foregoing action; that 1 have personal knowledge or the statements made in the foregoing Complaint; and that the statements made in Plaintiffs Complaint are true and correct to the best of my knowledge, information and belief. I understand that the statements in this verification are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Ry:?' Print Name: 4An5- Title: EXHIBIT "A" c? Comptroller of the Currency Administrator of National Banks Licensing Department 250 E. Street, SW Washington, DC 20219 October 19, 2007 Andres L. Navarrete, Esq. Managing Vice President & Chief Counsel - Regulatory Capital One Financial Corporation 1680 Capital One Drive McLean, Virginia 22102 Corporate Decision #2007-09 December 2007 Re: Application to Convert to a National Bank Capital One Bank, Glen Allen, Virginia Proposed Title: Capital One Bank (USA), National Association OCC Control Number: 2007-NE-01-0011 Dear Mr. Navarrete: I approve your application to convert Capital One Bank, Glen Allen, Virginia, to a national bank. After a thorough review of all information available, and reliance upon the representations and commitments made in the application and by the bank's representatives, I found that your conversion application meets the requirements for approval to convert to a national banking association pursuant to 12 USC 35 and12 CFR 5.24 as follows: Title: Capital One Bank (USA), National Association Location: Glen Allen, Virginia This approval is based in part upon the institution's representation that, prior to conversion, the capital structure will be realigned to comply with the minimum capital requirements of 12 USC 35, 36, 52, and 371d to the extent applicable. 1 approve Capital One Bank (USA), National Association's plans to continue the following activities in the following subsidiaries. Foreign L Bank: Capital One Bank (Europe) plc - bank organized under the laws of the United Kingdom ("UK"). Principle business is issuing credit cards in the UK, which accounts for over 95% of total revenues. The bank also has a personal loan business, which is currently inactive, and a savings business, which is currently under review. Subsidiaries of Foreign Bank: Capital One Mortgages Limited and Capital One Homeowner Loans Limited - formerly engaged in the mortgage loan and brokerage business. However, as of August 2007, these subsidiaries are both inactive. As these subsidiaries are considered inactive, prior approval from the OCC will be required prior to beginning any activity in the future. Capital One Loans (UK) Limited - is the holding company for Capital One Mortgage Limited and Capital One Homeowner Loans Limited. It does not engage in any other activities. Capital One Securities Limited and Capital One Overseas Limited - these subsidiaries are investment companies which invest their excess liquidity in various debt instruments, typically UK government bonds. Other Foreign Subsidiaries: Capital One Holdings, Ltd. - is a holding company for Capital One Bank (Europe). Capital One Investments Limited and Capital One Funding Limited - special-purpose subsidiaries formed to provide tax-efficient debt funding to Capital One Bank (Europe) to support its capitalization and liquidity. Statutory Subsidiaries: Capital One Community Development Corp. - engages in community development investments and activities. Small Business Investment Company Subsidiary: North Hill Ventures II, L.P. - an SBIC licensed by the SBA in 2002. This subsidiary invests in information technology and software companies with a specific focus on financial services and direct-to-consumer marketing businesses that require capital to continue or accelerate their growth. Subsidiaries Engaged in Holding Bank Premises: Worldscape, Inc. - owns property in Nottingham, England, which is used as premises for Capital One Bank (Europe). Capital One Properties, Inc. - owns property in Nottingham, England, used as premises for Capital One Bank (Europe). Capital One VA Properties, LLC - holds property containing Capital One Bank's data and operation centers in Glen Allen, Virginia. Operating Subsidiaries: Capital One Funding, LLC - securitizes credit card receivables. Capital One Funding Small Business, LLC - securitizes small business loans. Subsidiaries Engaged in Holding Assets and Servicing Activities: Capital One Loan Management, Inc. - invests in and holds Capital One credit card receivables and participations. 2 Renaissance Park Properties, Inc. - formerly owned real estate used by Capital One Bank and its affiliates. Currently dormant. As this subsidiary is considered dormant, prior approval from the OCC will be required prior to beginning any activity in the future. Capital One Realty, Inc. - holding company for Capital One VA Properties, LLC and Renaissance Park. Engages is no other activities. Subsidiary Engaged in Underwriting and Reinsuring Credit Related Insurance: Cl Insurance Corp., Inc. - previously sold insurance products through Capital One Bank. Currently dormant. As this subsidiary is considered dormant, prior approval of the OCC will be required prior to beginning any activity in the future. Inactive Subsidiaries: Ever 2255 Limited HFS Insurance Services, Ltd. Support Selling, Ltd. MyLoan Ltd. MyFinance Ltd. As these subsidiaries are considered inactive, prior approval from the OCC will be require prior to beginning any activity in the future. You are reminded that the following items must be satisfactorily addressed on or before the effective date of the conversion: 1. The bank must purchase adequate fidelity bond coverage in accordance with 12 CFR 7.2013, which lists four factors the directors should consider to determine adequacy. 2. If a director, officer, employee, or principal shareholder of the bank (including an entity in which such person owns an interest of 10 percent or more) is involved in the sale of credit life insurance to loan customers, the bank should ensure compliance with 12 CFR 2, which among other things, prohibits a covered person from retaining commissions or other income from the sale of credit life insurance connected with any loan the bank makes. 3. The board of directors must adopt and have in place policies, practices, and procedures to ensure the safe and sound operation of the bank. The board also must review those policies, practices, and procedures continually and ensure the bank's compliance with them. We are enclosing the Minimum Policies and Procedures for national banks. 4. Capital One Bank (USA), National Association, has represented that it intends to maintain its membership in the Federal Home Loan Bank ("FHLB") system. If, at any time, Capital One Bank (USA), National Association, ceases to be a member of the FHLB system, it must use its best efforts, including contacting the appropriate FHLB or the Federal Housing Finance Board, to dispose of any stock in the FHLB. The OCC will consider this stock a nonconforming asset for any period that Capital One Bank (USA), National Association, is not a member of the FHLB system. 5. The bank must ensure that all other required regulatory approvals are obtained. Pursuant to 12 CFR § 25.25 the bank will need to file with the OCC a notice requesting designation as a limited purpose bank for purposes of the Community Reinvestment Act. 6. The directors must own qualifying shares in conformance with 12 USC 72 and 12 CFR 7.2005. 7. If the converting institution is subject to the Home Mortgage Disclosure Act ("HMDA"), the bank must ensure that its reporter identification number included on its HMDA transmittal sheet is changed to reflect its new OCC charter number. 8. The converting institution must notify the OCC if the facts described in the filing materially change at any time prior to consummation of the conversion. Any changes to the executive officers or directors must receive a "no objection" from the OCC. 9. Duplicate copies of the books and records of the foreign subsidiaries will be located at facilities of the Bank or of an operating subsidiary of the Bank in the United States. In addition, the foreign subsidiaries will be subject to OCC examination, supervision and regulation and the Bank will ensure prompt OCC access to all books and records of these subsidiaries. Upon completion of all steps required to convert to a national banking association, submit the "Conversion Completion Certification" (enclosed) certifying that you have done so. When the institution has satisfactorily completed all of the above steps, the OCC will issue a Conversion Completion Acknowledgment officially authorizing the institution to commence business as a national banking association. At that time you will receive the charter certificate. If the conversion is not consummated within six months from the date of the decision, the approval will automatically terminate unless the OCC grants an extension of the time period. The OCC is opposed to granting extensions, except under the most extenuating circumstances and expects the conversion to occur as soon as possible. The OCC will send to you under separate cover an appropriate set of OCC handbooks, manuals, issuances, and selected other publications. This information does not include the Comptroller's Licensing Manual, which is available in electronic form on our Web site: http://www.occ.treas. og v/corpapps/corpapplic.htm. This approval, and the activities and communications by OCC employees in connection with the filing, do not constitute a contract, express or implied, or any other obligation binding upon the OCC, the United States, any agency or entity of the United States, or any officer or employee of the United States, and do not affect the ability of the OCC to exercise its supervisory, regulatory, and examination authorities under applicable law and regulations. The foregoing may not be modified or waived by any employee or agent of the OCC or the United States. All correspondence regarding this application should reference the application control number. If you have any questions, please contact Senior Licensing Analyst Ramah Chansen at 202-874- 5060. Sincerely, Jan Kalmus Jan Kalmus Acting Director for Licensing Activities Enclosures: Conversion Completion Certification Minimum Policies and Procedures 12 CFR 9 Survey Letter 4 EXHIBIT "B" d C CD ?i c o 721 0000 cV Q tD oD G T T T 7? 0 h? '2 m ?$ 3cnaa 0000 r G-J u7 h. C> ? er r T T POW w w N I iJ • --• • a 6? of INS a L _'LD L CL f ao s Ea r `"'? -iitt ION 00--Q: ?Nl-1 CaLL?Q?!{i9FlQ-W 010! MM 6-6 A O 0 A 4? C? m lk v a a 0 'gr Cl O ?.y MMd co [? '00 O <L D 0 0 N M) -4 rr r al. 1?1 ? F r? ?VI ,.I?r?'? vN ?? V1 r ?WW r? M, . r? T? ^^?,1 V r V Welcome to Capital Onae We are Plem Cusbresr Agreement centshs Wormallon Six for your scads. Your conhad will us for consists of this (adlamr Almmoma it, logo Apeament #0 we make Seallty Ad. Aadgnnent ^t aaorat dfedoeuass Provided and dalvered I opened. Ip T O tA Account Okedoa es as v to two doamenb, and any and at docima any oleaonko or digs d Signature) m any a bdahradraam on your smount. In this Agra few b alit P"M who dosed lw on ermwtlaolden and b arryaw Sloe who Is i Z?aoa?ch, an •AUftoriad User). Except as s Idkidualy and ,*, oblgoked under fds A mean CaPM t)raa Balc and as suc m mpaesntdns. f the application for to ¦ 'Security Amount' this mass der bads you This Agmffsm and the Ama apply ID way other Capitol ?a Security Account Assignment Ailments a provided in >ha Society Accourdd Assipma not wand by any other popery, regardless you loft I= The cod is aid mmdns at any time upon request. CUSTOMI to have your credit card amount. This I. your account plane road It and keep Y a ad and amount rft Agreanerly or with any charges to fits Customer to SBadty Amount (d sot"). the go"), Capital ON Privary Notice, any you prior to or at Ile toe your account wqulrements of Truth In Lerdig Ad IN as any subsequent nofcas of ea as its fait ncBde your sgrwara ('unerr?g *mIlom, gales alp or odw ce of was to words 'you: 'yid' and 'yours' albs for the axmuM (each, a Joint Ahol Ld b use the account In IN way DoflCaly rooked herein, each of you is merrenL The words lea; its' and bur as, in", agents erdfor authwked xxmt dated fiat it* amount will be a ova pledged to in to "cum your account iDrareM /gireemaU (t applicable) do not cwt you may have, either now or In to mvisbn below. Union you have entered with us. be Bream! b unsecured. Except t Agmanwrd Otapplicable), the account IS /the boof our a a[dyahylaMwr mdud b Whkh under ft Agreement our any and you will Rimend r It In s 005/13 :R AGREEMENT credit Well ova If taus transactions result in an onr kd fee. and Vase transactions and fees will be su" to Wilt AOleammrt and the Seaaty Am" Agar err 1 Agreement ry appbeetiI Any transactions hanared In exams of your credit *M will not reso in an fricassee of your credit lot unless we expressly nmly you otherwise. Addkbnd Owe% and Services. From time to toe, we may oft you bandit and sank ee wfri your account Than bei CAts and smaras may be provided by us or lard pordn. Uelass expway made a part of late Agrownent, and except ere Rich berwilts aral Services am not provided In lar Arbliallon Provision, e part of th Agreement, and moisct or to he tons and mrhddoan call in to beam or services timchu s and oawr olticsf doaereds provided to you with reaped to the baadfs and services. We may ad* add, or delNe besheas a sevioss at any lime In ocaoNeaa wilh the brochures or documents you recehas In adralon, any such berates or servlras ofwed b you h lie mod cateat version of this '(wide to Berelts' sal replace and supersede fa hmwAts ant swam that had been offered ter you in all pravbua vmabna of the Tulde to Bensfts; wilraA Miter notes. Except as provided by applabb Imv. we arm not labia b bmwlb or nMces Provided by Ilyd parts or the ad" or cro sslons of Lose fibbing due resulting We tab Ysulao teed use of your aus and are Ilablis for all nd or annul, iralCrdlrg any name charges and other charm des under the teas of t h AFewmmt Pay amals nnut be made h US, dollars. Payin nab made by a dock mawy ceder or liter negotiable Inebriating (as'ibm') must be in a tom atxepta M to us end be drawn on a U.S. tnanncto IndMa, We may abceb payma der and claw credits and proceeds ammrg the various sagmada of your account end In dares and due witrn each Segment. in any way we dow ants, lacking bolatoea new tramaolma) with bwmr aural Percentage MINIAPRS) before waatdpherAPRt. payments you red to us at the address for payment stated on your pmkx& stolomW will be aedled to your aocoM as of the Mrdnen day we modve k Provided (1) you said the mmtWme oupo portion of your periodic Ministrant and your deck in the minliame Breslow provided and (2) your Potmwt is received in our procaetng araker by to time Ihdbebd on your periodic slwamem plane lbw at baml five (5) busses days for postal delivery. Pay'nlyde reahved by us at any other bodkin or In any Star form may not be credited as of tea day we receive hers Our Woman days an ma day - Saturday, exdhdng holidays. Credit amllablay may be delayed in our sole discretion to angora Payrrwd In good furac l we am* a payment at some odes ow. we may delay the cradling of hePe{•li;-e^n fee tip to NO (5) days. This may muse you b recur lab Dlytlte0 tom a d additional Ireece charges, and may maul in your amouo being declared to bend" Any nirrns rn payment that Is row will be stated in yam gedoric dammed You mat pry at Wit the minimum paynhent due by ft dent stead In your Periodic slatemeM to avold a late paymart be. However. you M' Pay more "a the mM>wat payment a prey fn co lmbain M. In any ease. illlarmm charas will err ows to to Banned during tang periods that yoll any a balance regardless of wghedwror rot you slalmrontshom a minnwm Payment due. We an ac spit Ile payments or paid pay ninds, or leers rrmdmd 'Payment in hell' w oow *Mw brguage or psyrmnts with s requad to applythe payment h a particular rwmw. without long ay of our dghls under Ink Agsemerht Yhdudng our rigid to receive payrnem in hi No pow" shell operate as An accord end s kbCdon wBwd our prior naen approval AN wvaon communications oaaemig dtprkd amounts. including My. dmdr w oriw C CMvrA fnatu moo Oast ndiaees tot he payrrmnt anattdes payaen in (ut' of amend owed a thd'e lendemd with Otw mrWft. w Ilya a as full satisfaction of a disputed amoud must be nailed or delivered to CaPiW Ora, P.O. Box NO1D. AlJanouhd. VA 232856010. You will not mare payments from funs obteirred from to axomt w any am credit sxard with us. I your payment is made b any ohw address, we may accept the puyment without losing any of our you awn us chock(s) to mob payment on you ruccounf, you eWhorla us to mob a one4me eNdhwab tend& Imm your bank amount for the amowd of ft chalk as Indicated by numanial digit. This auhaiat®n apple to ol ched(s) hesllVed by us during he bcTxg pared even t said by Someone abr. who you agme Is your apart and was provided with Owe dlsdomsa in advance. This authorization is not restricted by the dale on the dnesk and Includes mabri sfons. We was not be bouts by any msekdve beard or aMYau apPoWrig on the lace or mwase aide of ter dwlc, f we cannot process the ehriok barnhr, you adihodze us b make a dmrge apm?d your bank account by p oesoV he dock. lath ulelack,drat)wtkrdiarMstrument. Assigmwd. we may tnarw your ama nt the Soaaty Acmwd (t applicable), he Security Account Assigreren Ap-m M applicable) andfor our rights under this Agreement b an engrma. The wlfppree w? lace oil piece under this AgmemaK rig Secu lyr Amount Of applicable) acrd the Searb Aoeoud AnlgnmeM Agreement (f applicable) war rapact brow o d n0emeb basfaned. The assignee may or may rot be an al0lete of C i One Benk You mast pay the wgne and otsrelae Podolia al of your obligations under tame sgmemanke. You not tansfer your account or your I" under fits Aglwant the Beady =Zff applabb) or the Seedy Amount Assignment Agreenwrd (11 applicable) to arty Person W erdty without ow "grass prior wdten arrant Sir b the preceding aerdsuce, tab Agreement will be bldlg and Inure to tea bones row and our respective suxenom. aragrs and representatives. Using Your Account You an make purchases and obtab can advances (1 ash advances ate an oplim for your scampq by tong your aid. smart number and any amount axes ducks (nWdirg Ptachest Checks, Commieua Childs, Special Transfer Ctaio and olw sholw dada) ha we may eau to you. Additionally, you may request a crop payond on exwrd axes dads. bud we reserve the (ght to dwrga you a fas to such gawks. When we povke you with account access check we will gal you water they will be baeI as putdWa, all advance or mocial tmnsbrs. Union we tell you Were", Convenience Chocks will elveys be treated as ash advances. We gay aHabNh dMeanI aagmnb for your account such ae a purchase, segment a ash advance ngnherd and a epeciel bamhs segment. Each sepmad may be subbot to temp end minditioos hat are dfbrent gran own fast we apo abls to other sef;maI Our labiihh t any, for any wrogfu dblhanor of an accouhl amen check is boiled to your actual darmges and shel not Include any mnsequm+tlel manages, and in no avail will t exceed he amount tithe check. You apme rot to on he cad or account n cossCtlon with any Inmmel or !legal gandig their sus but any Ilmhet or flogs genhbiug tall nssctora in vtech you engage with the card or amount mare Nnlw will be oull)ad to this Agmareral and tlw Y? rd and a C may be for vald ea)rd larks Purposes. If you use. or authodxe aortheorhe ebe b rase, the ad or sccoud lea any unlawful or impenrassble purpose you will be responsible for such use and may be required b rembunse us and MasuaGard laleffatond Innwpombil Washocarc or Vies USA. Inc, "Am as applicable, or their Successors !w all amasds or espnwa that we or tray pay as a result of such udawlul or I pemieble use. In any even, any unfawld or irapmmYebb vmmd o in which you wgege wit tre card or account neverhdns will be ab?Id to this Agreement and C Sasofy Amount Assignment Agmenwl (t applceble} You agreefWweamrotresponsible, tary *takenbhmwyour card oaoooehl If you had a prior salt cad or otter canard with us, or such an account or balance of Such an aemmtwa n "mid b us awn of our aRiatec and you Agnad to mkstate he bdol of to prior acrtoml in dw form of your new amount, the new amoral wa amass Mena c hegea it= to dab lW the new amount Is ope ed. Adhaiasd users ere red lnardaly rapoMDle for Oho KMWL M suhodad user may use a wedtcad. can request aabin smoot nfwmetla and an "M to be removed tan the account. Sob d bar discrstln, m sufadzed user may not be abis IS Inilete tartan actions an the wmunt You ape to provide us with Wormatm ban" any persons you authorize b Loa your account kadudng their rare, adder, deb o lift and ofw bdenttyng nfomalon we may request Exchange Bate. If you make a bansado In aurency other than U.S. doles, VISA Inlemetbal or MasterCard Wernntma will omen the charge or credit ft a U.S. dollar smaad in aemrda ce with their operating rapWttlons or eorwweinn procedures in el ed at lea Case the iramado is groaned. vw nbrataaya repuWhro and preadateg provide that efeslve April Z, 2005, the exchange rata between the transaolon currency wad fee billing wren y used for processing international btnsactb s Is either (1) a mile selected by VISA from fm range of acceptable raps In wvioissola cumaricy mhedab for lm appfc" antral praaeekg den, which nab may very from the tole VISA bell reserves or (2? fm g?euertaral mandated rate In affect for the appfabse antral pocesdng dab. kaeewGad Internationals regulations and procedures provide the errancy commsbn rate f uses Is aUmr (t) a whaissela markel rob or I2) a government nmidall rate in elect on the day of the control processing dab, Cash EquNalal Transactions. If can advances are an opfon lea your amount you an use your aomust to pumhan cabin Rom Owl we tepid es 'ash equivalent tramadlam' Al ash equivalent bmaolcrn our bus heated as ash adwmas end wa be bled to to cob advance agmeM Of yaLff aomunL Cash equivalent benaerdrwhe indudo, without twitaloru, the purchase of who traruew nwney, ordoM boa, lottery idob, asm gaming drips and etlw sknlsr products of ssnoss. Noting in Oft piing ph erabe kdafigmadto widideany transaction galbunlawful orimper isible. Yaw Cradle y Nat. Your nice credit iM via be disclosed when your account is (a aNwded} Ewan naay, a at my later time, we may odWbh different red Irtae tot apply b dW&vd Segmnb dywacmunt (such as pavhuw wh a&an m mud special too sfine), Your current all"via be idenHed in your pwk db alakenherlb. You wpa agrato ads oBwslow the toloace ola tyour he be ce (of ppeaso transactions, imarace ble sus mob d yow amount to coned he epplooli a avedt ilia. If you eve been given tea option to increaft your n Security A-unt rm erve line "nol to yourbaa a dit mm m tea additional ally a c re Provide Whale your axourl is in dnlaut We may Increase or decrease your coedit lath at my in ,obw Pea rata to you, may bmpoa* Increase or drawn your credit Imdb at any take free wawa! Prot notese to you amt' frith ft aid limit for cash advances ax: T away your ability to obtain ash advenas. We may honor transactions; in Bxees of your We may amt your aomum as appropriate to cared errors, returned items, m*W debtb and lanller mebm We may, In our a* discirellon, oft an mcpedtbd payment service. You are not required to an ills saMCe. When you aalkoda us b process a derna d drat, eledronb ACH debit or now axpedled payment mallrod for your aocemt we may charge you an expedftil paymerl too in an amomnt dbdosed to you at the Ise of tea sawn. We are roc mspm" ter any dlahmor of the payment by your deposlbryhuaulo and may mlah the fee in the event of such eablwnor. 1 you VW your acomt number or ather account nbulation to awher person b main a payment for you or to ad on your behol, you agree that we may discuss you account with tat pane and process the pay+a mt as If t were "BOB by you You luilw agmo toll youwillba aaapamill for sl ansequences of paynwm w rah-payrwl by such pC:. ncloft expedind Payrawl, return payment late puouubehafor so permit aotherpesmbadonyour beat.ro ?pu on y Pwbdb Stabmat Each monn dot you have a credit or debit balance of more tan $t In your account, we A send you a periodic ebkemwf as end when requited by applicable tow. The periodic statement wit show el transactions Mod to you acounl during to blip period. The Mang period Is to five tram one statement eosin dab through and including to next statement closing dais. The statement dwing data dell mkma die malt of a specie b&v period. For eu Is, Yaw January bog period Is the Ming period with to stalmwd closing dale h January. Fkmnce Charge. You via be esessed lnana cages as pmwasay disclosed to you m pwt d lw TILA AmoumOisdowres or as we wit dbdae to you f required p/ aDPa law. Tm"rary Reduction In Francs Charge. We reserve the right to not assess my at erg inaha charges !w wry inn bill% Perked wWqut waNng tea right to asses such finerce charges In a loam bong period. Other Fen and Charges. The following las wa be billed to he praetase segmeN of your amoud and wil be haled as a purchase and NO,= st your available aedl roll, wilen oMm be spindled, In every n which t 7ply M A lob payment fee vii be assessed If we ddro not recaHe you ymem me hor it to be credited, as d in your periodic statement; M an over lirA fee via be assessed N the spubb balance of your amount (or any segment of M13 at any lime drdrg the hii for any moon, Is greeter 111,0111 do porgy a ore a YnN (wgmdas d **IWyou woe over Ihdt r ease odf n. arum eves or on other be or deal even a approved doprnahlal or periodic Ma W" we be aaaad 00 a Dasl uness nt lee be assessed 11, for reputed for boom dispute resolution; (v) a raWmedpayme pa any resat (a a chol draft or ibr W haku is not honored or cannot be prolosesocl. You pocooK aulialae us to MP XA leaned dppay aIn oudbaaion At our opfil we nosy alas Inks be each acme your psyrrort Y nos hated or poll, ever I I Is later honored Or pdd totiwrlep rawhadseiarr. NMqyr otedr, draft a aNmla iratrnaeanl may bee Dolbc7ad dec4admy It moaned for theuIndatt or urnrolecte6 hoods. We may chaps any d "a lea « cane, or no addllaW lea and rdsW as bebw. we reserve ova fi0ht b trehre d Noe lent with otR grin n to you Whk matrb nkV our roil to sows trail fail gaol forward. Cash Advance Fa. N cash adrabw are permitted for your accaunl. a case advance %a fors "go, will be G1 asaweed each fine you obtain a Cent advance «wh squlvakm bahadoth, IN) tided to the mar scarce sea o d you aooaaht std (if) ?p?ed ?alrnt yaw evaabW sect Amll The snawt a(tlw mob adranw la hrnce dterga an't be addsd to diner grange charges shown on your parbdk stdanad for No This ha arwad co ybpgee mle discl 0 for that Wino period to bbee gresi th tin air percentage role edkscmad to you. thmhenNp Fast. It applicable. a m embersND to will be imposed In your first Po l peiod istlata spaMikey glad oMeratil if ft aralberathp fee It aseaed trrway, k wit be ammd h the bll q WW h Oic h adh arl*w y d to opoin d yow aaccccouunttoccurs, I Ina mermb er" to Is estimated smeaooll k vent be starred In each babd as a ppuurThe fee chol aan nd shop led aat?ywp rr credit bta rm This feeee will not be mfondod.. In winch or h pan. aver I you awe cared the account. Trimbr Fee.A bawl be erased for each transfer Of brie s from your 1100001% to your Sawy Account ova you egusd. The be wl be blood to Ins cash advance Ingest Of yoZb t and will be cased as a cash advance and appaed against your ors" Foreign Tranaadbn Charge. For each transaction made In a country, cover than the U.S., or U.S. Tamlaba, we 119 saw you a Arenas donee a pravioualy dPacia b You as pot of the TPA Aomnl Dledmrses or as we will tae b you Itrequl ed by applicable lay. The Imwig be toad on the U.S. dcerannoudd to transaction. Credit Bwww laforwatl, . You aura that we may obbtrm Intention about you from credit reporting agenda or oaias at any tme and use it for the purposes d your uadt perbnronce, man a ing your account and consldesing you for now ones program. letenet The lams and wndtloa contend wi9m #6 pang apply only, N ova bt ova al abroad that to accdrtt will be a sac account. You a ?vdt t t pAan Jura. which have been deposited in the Secl Awant To bmiroadp Inks of the baene of he mount and d Oliver amounts awl under the Ihb t said to Securtly lt0munt Assignment Agraerant, you hero tmaifalad, gedpat aid groolood to us a awry hfaest In the 9BC%dry AM Mt d (undo coats in Ote Snaaly Accaa6 at premeds of the b egalrtl?I ahd so fixeds procroods the were dpi ce the"AocauK any additional kinds e ?dded two ht Stntry Aaannt by cry Well and Gsry terval earned to or accrued an to Sewudty Aawrd The lams of the warty Interest: are ad tank in the Seamy Account Assigarrd fail to A?Agreemeddor he SWIy tAcoonMil Asslgmsrtot Agmmal, ( yes cldmeyar aomdud cards we aural your amMt for sty moon, we may tat h of and without prior natives to C. eaedse our seccaNy, lowered by dadidi g loom your Seedy Acco ud he balama due on your acoatd and all other amounts masno ha char to flans of his approptlem. Within sidly de ego the date your a count Is aired, we will cod ON ramolNrmp frMds h 44 SeaaitY AMM 10 he PMM mgay &AM ID Ml tree. errrgtervirss and rases Uric you card and account Iyou do not Wnoa al preaulwrbstl blNing arrangiumns, you and we who cenaider our moolpt of a preendoo tpd debt b your accoud to cwAub your auilhoiredon to reopon Nes account an he Was ad Posh le this Agreement and do Saw* Account "n ret Agrwrod (N applicable). Your armurdwi riot teclosed u dl yyoouu pay an amounts you are us under his Agreement and to SecLh* Accent Arigmned Agreement (IN appllabli) Including, without nrr60ar, any purchm, and cash advance banrclbrs you have autbtxed, inane charges. bb Ph* rt?mb slnplew?cash aadvaaaretess, briefer lea, .wotpqy ruggasandan any ote r fees charged to your aabunt You are rompicin color hoe smarty whoom thoy beer been Yrarnd at he Now you request a clowns of the aamnd or am lecvaed abeequat to your request to abet the accent The may nal tr dnrga epoesdrb on your oooam attar you hue mquw to aaoud to be closed and, tl the aaaaunt has already been dosed. Pre acaoud will be reopened on ice lame yea Join in in ants Agreement and tbe Security Arrant ) rot from to reIll sidual shoe your account ban a merchant and we ?iecehe he deeps has ban dosed, you account win be roapaod, the amount of to dregs will be added to yaw account and you wN be responsible la payment under to bums of this Agramat and ft Security Award Aulqpmwi Agrees end (f opplic"). The ramDesldp he far your acoanl will carilroe to be dWged, to ft real patnlbd by m4ploable law, and Ise oUw accent balance has been pail In out, as dabbed above. I the accent Is mowed, a new, membership fee will be draped to to account a shied above. N you, acting se Ina prim ry camdobe, wad to temhate a At aeeaur"Iders or on Mobbed user's amen to Ins awwaatt you must call our Cusl inw Rd*m depBmmd and request list M*wim. ImmsdM* tomW, you actpsr car b dmboy tot peaora )end da*oy Worried account access the srr iroMm hatt=or °ersou''ss ero to me" t be a in occount hie acui,d wdata ill of Nvughh ft and ise of awn dn account by h?h #A swat older muany d user hat am prior to No aced five, dab of the temdrofon ever i she drapes do not appear on the aNourrt rn9 a later flra. N you au u noble to destroy he )Dint aaan"oes of wNraixed uool can*) or to destroy, pre ummd accent scum clads in not person's possession, and you not our Cuwlorw Relations disponment to r with te mwft paagi ?h Ether you your account well be dosed In ou r No pil cordhooldder N any, may apply f«enewabout, Champs in Terms. We may add toy remove, amend or change any pat or provbron of this Agreement hcludsig the annual paoaomga mb:) and try charges. (Including accts raw plomoro of the same or a d?a arLre as the =naWo d an In Oft dins, Agreaod) at sow 11111110L we do Federal few « or we WIN 96V you law the aatat not preempted by FFe bus) un w we had previously a~ O( e rxeWmr Post the acoart would be aubjeot to such a ondment or carpe without notice. Notice win be meted b M IoM bill address Indicated In, our reotrds for the accred. However, no ricks will be maked If we prevluusy had nodded pou that your amount would be suite d to arks aarhdmat or charge without notice. Clangs b he serve pemeMape retains !WreNielv to your ecbtiug -I balance from the dbcin date of lie charge. r a nd No ecmat balance Includes Da sacOan bled to the accord beore the charge data and whether or not you arses to use lire aamrd. Charges to few and other rhr ges will apply to your account bom the effecive dam of the sharps. Devanpq Low. WE MANE THE DECNifON TO GRANT CREDIT, OPEN AN A COUNT AND MM YOU A CREDIT CARD FROM OUR OFFICES IN VIRGINIA. This Apaaerrk Is to be construed in auwrdsnce, wMh said governed by to lives of the Untied Sales of America and by the Internal haws of he Oommenwan Of Virginia wNlaut oNewl te wy dtoke, of law rule hot would cane In application of OWL". of cry Jurisdiction ether than he laws of he United St" of America or the Infernal lets of tle Commomvo tin of Virginia to the rights and duties of the pasta. This AAppmoment Is made In VbghY. It wool be at only by Federal law and Yfigkda tew po 1M axbM moo prahsptsd D?yaFemdord hvr) If a gout hlacWa not p obrca a port d Ink Agramo4 Onia Agramwm will ho read as if the amnkrcaable or Invald part woe nol thee, but the remaining pans will remain fn stbct Future Offer. The tens of any mom olhr refdtq b Ina account cal be dbcoed to yyoqu1 at the tone the dW Is made. N you seep an dW, the bee wit became eNedNe (rnanedW* unWe ohavtee specified in ea clear. awsob discretion, declare a ddat under ft; Agreement it (a) we Debug. We maii, in do not revive Its bit amount of anif minimum payment on or betere ft date N Is due, (b( you azoad am Cledll vent or (c) an ibm used to irskaQ??? on your acou" Is not hDrtaad or ranted be processed, or an sladtock dabli b llltxa I on your account a tol mod uhpdd orcanned be pmcaned. To the stem pemakrrd bWy rppka6m nY of to other best of its /gmartad or Sam M (I app koble , (2) we have declared you b be in 1 a wwMht o b shb m my yayaar++rahldea or (br a or otherwise ahmpbd b tlefrel be" to em ksslhad by You OF NOW you « 5) you t e or to cum ins eaaneu d oy eppomor rev?. you breet Marra Choggaa and ohs pursusnt loft ems Of am aoolwdo dd11 M nb. even filer any iuditmed is obhhad. Additaul we may, at our eels aphrt (x) Inds Or not Amu you b mare any nor pirdaea or Cash transactions an Paw acaaur a) (o) keel your minimum wMr eudr notice as may be required by law or ( admjact to ft of applicable low, doss your accent(s) end dmww paymed of the aim aubMidi g bNbrta pis all cite smounb owing utdor de terns of he moment and to Seemly Acaant Aaa4wMK AgrwrenL To Ie saw 1>emNed by bo, you OF" to pay us all of our actual dwd cosh coluton eWesa ad agomoy'a Ines tNI Mmes pdtl b an $§Drmy who b err Of our Wo%, es Or an agamp woks is rod am Of sew ) hems by us in ft cam d any absent you ovre m artier this AWomot. ou ebb agree b PaY us at of out acne wash to we incur In m**g your mods, kdLft any caste we may incur by h ift you aacbwl placed on a restricted 151. Noshing In this parapeph Mss be MIOM to wake or tnpetle our right to require art baDan In accordance with he ArbNmtOri Provision below. of Credit Privibges. (1) We may, at any time, with or gam exactly strlmertd yaw audit prMleg rs under ft; Agmaent N we aria tie accocML you M. b Mo.* y dwray al dads and..W scent. dtads, Your obbdo i to naive and your at obipatlom under Vb Agreement rrl r»rlkwnln Put sum ramd? r the alert is cwxMW or your emdt candelas are lemporedy or wrino ly, suspended. CanoMMM d the account ad olor Ialponry a gem and suspension of rrr>? aNlapa will not gilled our security Oberst In your tietxrry Aurawdt (i rh?p J a our rights order the SemNy Account Assignment Agreement (i oppill au cab me your account by mgng our Customer Relations The deparl number stated In nYour numbe, found an ft periodic A 'and ? requ of your Pis g an aadnrrccou card t dwwv:. .YYou agree to destroy at cards end waged account eocesse checks, minkd so preathodmd bOV Waivers. You wake to right to receive robot of any waver or delay of prasombomil, demand. POW ereus b proceed alaknt aioN aropedishonor and any right. rrrty?aabefOm you you You require I also 1foraan additional period d tons equal to ft appNable limits ion limitations detecse Log or Stoles Cards or Account Acmes Chocks. If your cords « accord access checks am sat or station or I seams she may be uarg Pi11but your ponUm rosy usM one by mft No breplaro easier an Iha back d ydo sbla ? rle ds, or will is a?eo I Capha reactor ~ on Orb, P.O. ft 05015 ? Ric arse your r 292355015. You Pill not be WA in any amount for unauthorized use of you cal or awccunt room d acsa, You agree to 0 us at once I you chaps your noes, address, tskptiao numbs or employmers. You ague to give us wisdom notice of any dt?ln your mono adder at IoM 10 dogs before the cage. Chages may be in the space prDNded ca Bm rordgarhoe coupon port on d your pedwde Mahmdatt or may be sent to Noe fol" sddrer: Capita One, P.O. Box 35015, Richmond, VA 29285 5015. h yaw aoeoud Is a 1*1 account or t more Van on person b permitted ei usa It you agree diet al fnoices mgap*g to account nay bee red coley to the address shown on our b*g mmrds. Conomnkatlom. We nay mos a tdomo5on to Ohare mgeNhp the shtua or hetory d your account a sal both In he COW One PMacir Nate, it copy Of with has ban prouMed to you. We may oats Inquiries of Vkd parties h connection with mwk4moV and 0ala M your aom nt, and you autlbdxa such hto pair in tabaae Irmbnimmon about you to ea. we or our represedathes may ComBd you bm time to acne mgadhg ft eckalrl, or to ask for additional tr%ortrrton abol or Tyuat apedaxe who Capital One. You agree that such ether am not you1311c e4 am not baled except a impotently required by eeppplab law and may maYRfrom bontsct Monsoon you bare provided or Hurt is Descent from otr.. For marrpb, we may wonted you et yarc hone or piece d employment dull .secants or hoW^ an your nbDNe bbphme, voicami or malchl and pb?y sans, fax, recorded mwags, but rmaeage or p? Except as metrEbd by apckabla law, we may rtodbr or mod arty core we make or remea, wppnr to lueclceton services and me an automated 4b" and annouhdrg device. ARBITRATION. PLEASE SEE ENCLOSED "ARBITRATION PROVISION.- PLEASE NOTE THAT THE TERMS INCLUDED N THE AftgrrRATIDN PROVISION ARE PART OF YOURCUSTOMER AGREEMENT. 0 2005 Capitol One SWIM. Ire Capital One is a federally registered service mark At mpbb reamed. 0318-17-0305 ARBITRATION AGREEMENT M-75733 IMPORTANT: THIS ARBITRATION PROVISION IS A PART OF YOUR CUSTOMER AGREEMENT You and we agree drat all you or we may. A either NMI$ $ore ekctiar, require std any Claim Its dehned below) be rase d by bkdkg arbitration. IF YOU OR WE ELECT ARBITRATION OF A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PURSUE THAT CtJUM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR SET FoRm BELOW REPRESENTATIVE THE ARBITRATOR'IISI?ON EXCEPT BE FINAL AND UNtUUIG. OTHER TIGHTS THAT YOU WOULD HAVE W YOU WENT TO COURT INCLUDING THE RIGHT TO CONDUCT DISCOVERY OR TO AfiPEAL, MAY BE LIMITED OR UNAVAILABLE Uj ARBITRATION. THE FEES ASSOCIATED WITH ARBITRATION MAY BE HIGHER THAN THE FEES ASSOCIATED WITH COURT PROCEEDINGS. SpeNai D9 i.AiUrms Tar this Ar (b-itralioa Provision. For the purposes Qa q ddgliUortt shholl apply In addi to MeeNdeli i as set b in yea CnatoeorApeemem ("Agreemson: -CUim' mean any clak0. controversy or dispute of any kind or nature betwem you and us. A This de6n(uon Includes, without 11117Rafron, any Claim that in any Wayaraas ham or rotates m • the Agreemad and any of Is errs Cncludino any, prior agreements to,tam you and us or between you and airy other entity trom whin we acquired your account) • ads Atbilralnon Provision (including whdhes any Claim is subject to infiltration) • the eWsorrbrd, operation err lamination of your smaord • d6dosures, advatmwenm. Pramotlan a Other eamwniulies mf y account. whether they omared bye of after your t UPOW • any transactions or ammplad transactions involving your amood • am billing at edleettonte m etas relating to your aceotrt • any gcok of services changed to your azcarnto m youraaonatf • army teas, gdEtesl at other charges assessed to year aocwrR a their rakwwlon • airy produft services or banetA pragrams related to or oBered in connection with your amount pncluding any Inatdatlra, debt cancellation or si ended service; contracts and any PMPM. MM", Towns, sweeposom ffrownberebips. sold or amvded tlemr ) wkaB err o> oBaed, Irdra? • armrspl. use adhdowre d anybtamration aCordyymauror yareecaaa • ary other madam rdNing to yours ormt of your relatmahipwilh ore. B. This deNnAton also includes, without dhtRaBan, arry Clionr• regardless to • c lain SouiticJaim or am when it Wm, t`iap?ing or M-parry rhitmll • based on arty theory at mbd or damages (ktctudwq money damapaa and any form of specific perkamance a Injunctive. declaratory or miner equitable rend) • based on eery 1h?Y n-1 law or equity ((including contact, tat fraud, eonsldullon, stduh, requldion, ornAnaree of wrongful sets of onisalars of an yy yon, whethr negl ark rwwen or lr*hmd) .Mosby u a ey anyone co with you or claiming t ro gh or for you f nclui q a co-awkmt or adhrrind use of your EWA. yyoour aped your representative. yaw treks or a trustee in banluuplcy) • Ion when ra msqq be dkpgly of inJsecty 112* under any the Including no rnoettsWS named at the time the Claim • nowktedsmnceor that miy the rs am acdioNnstv" that Glib onsel • made as pad of a class actia representative or collective Individual basis as set tooth Arbitration Admledstrato anknkdatratore ('Adrrdnisaalor' or. cdlectivey, 'Administrators") will admkdster the arbitrdiorr. JAMS 1920 Malt St., Ste. 300 Irvine. CA 92674 wtverPr>sadccom American Arbitration Assn 335 ldadlson Ave., Floor 10 New Yak NY 10017.45 WWWadcarg National Arbitration Foram P.O. Bar 50191 thinn?olei, MN 55405 wvnttabitretloMonan.com Yau may cooled erry al the Administrators to obtain i lormdion ahgd 2diadan. abitrlion rules and procedures, tee schedules and ctakn low. Election and Initialise, at Anot ration. You or we tray elect arbitration ender this Arbitration Provision with respect to art/ Clalm Smash U the Claim is part d a lawsuit brought in court You of ova may make a mellne or inclosed: In toad to coned arbitration at any maim brought as pad of aryl kn sukWe will not elect or Initiate 9Wtr4Om d Waiver, Severabiilty, Survival. K you or we do n or otherwise enforce this Aabthhon Provision in to require arbitration m connection vin ma or my cola uanm. leis Arbitration Provision shall survive: () suspension. mrminullon, revuugon. closure of changes of fills Agreement. your account and you refadorstdp with in: (it) to bankruptcy or lnsdrenq of any parry: and at a conflict or ineasWdenry between this Arbdrtion Provlston shell govern. A pnclocomy of caner mega or tots Including Itlir> nerits may be used in place of the originals Ag ear purposes related for all a 2005 Capital Ors Services. Inc. CaOtml One Is a mdenlly registered services mark All rights reserved. we must'lailow Die miss a its AolnvMStrators to initiate w It you italkate ablUation, you may choose one d int aeon, and you must mail us any rdice r lied by The elm to P.O. Boa 85550, FIrhrhord, VA 2 5550. d we )%atium, we will chow am of the Administrators, and we maul any n00ee:%Irad by the Admkdshabr to your last-known IdrassI TI we aye Irtllisted arbitration. we will Oi ge din ator at y?outtr request it you rally us in writing at fie above ritnin Ittt m days of the dale of ay notice we send you 01 our of arbitration. Procedures and Law Applicable in Provisim is made pursuant to a tree 10 ar6Ultaaon shall be I?otved by tmtr"rlg IT Is ArUUWM m in the broadest war it be erdorad. Consisted MITI Un- f ate terms of this kloilralion Revision. The arbirater win apply Ova law cunsM with the FAA and applicable sums of acs, but the vafidy and enbrcemenl of any class action waiver esdon la a court of rat Jtd3diclion. not in arbitrator, to The arbitrator an" award any damages or other rtltal permitted arable substantive law (lad will ad have r to review ale allay or severabftlry d the par"rel 'Nn- Consolidation or of Parbas.' below). bW Ure rated shall domrmiuss the rights and Ions of arty the nailed parties and oidY with lespect to boa in arbitration- The tiles and mocedaes of the Admktlatrata. can this Arbnrklon-Provielan will apply The arbitrator will not be bound edera4 sib or 1=1 rubs of procedure Provision shall Ievidences drat would a t apply In any court, or to slam or local lave #41 relale to arbitration arhit?rdlon hwY g ail you iadtd in pe s ?IIllake pre oat a?laxll?on to Fie koyerd jodkded district M atcul your lad-known billing address or at some other ptaee upon which you and we agree. You or we may be repreurded by counsel. I you or we re wet. ON arbitrator wall hnnnr •laent rat m d raeenirM wrier aoolicabe mw and will use lratorWill make any party, will provide a Costs. The party IndiaOn arbitration will pay the Initial fllky tea You ogler feesa( and %* 'AdministratalY Fees under any applicable ides of theAdminbbator.Syouseekriddo qualiytor,,aweivecwe will consider my wwilterh request by you tar us to pall err ramMrse you tot all err pa[ of are AdmirubtrotarY Fes. Wo, also vdtl pay or rdmburu you forall a part at Bee AdmihisostOrb Fans if the arNtamr determines Brae is good reason for us to m so. We will pry any has and oasts we are required to pay W taw; Otherwise and except as Isovid? in this Agreement, you and we will hear all of our oespectlw lees and case (Indudinp rite Administrator's Fees and the fees and coals rel8ling, to attorneys, erpam and wdrxases). regardless of who Drawailt Allocation of lees and cosm rtdating to appeals in arbiha0an w g be hx pledin the same manna. . We Caroolideuon or Joinder at Parties. The arblUadon of any Claim must proceed an in wdMdual basis, even it dtB Clain has been asserted in a court as a class action, p W& aganey general actin or Doer represenmdve or considi" aahwt. Unless ail partles cowed. neither you nn- we may Join. consolidate a otherwise bring Claims related to Me or more amounts bldividuds or accoundiol lers In the sane artiaralion. Pisa, unim all parties consent neift you nn- we may perm a class action. prtvem ationsly genard action or other RpreSMl WW of eolixlive action in erWhation, tar mmaayy your or we pursue such actions In Court If any patsy has I' and arblUadon. You Will not have lot fl* to act as a doss ?Wresarlta0va or padkipate as a i rember of a class at cmitrads with rasped to any Clam as to which arbitration has been elected, olar o mq (even it we are not properiy Judgment, Entamamat, FInality and Appal. The erbibator's m IS made! decision will be final and *4 ng saw fifteen days unless you or we seek arise in the tare regardless of when the an appeal of the award by miing a writ mn"to she Adminidretor. list OM else to as hUafm occurred or when The appeal Ismd, which will consist d three arbltmas, MR consider all taclud a d legd issues aim,, will conduct ite appeal in the some It, private often ! general action, or other ocarinas is the Inkid arbitration and will make dectstons based an the action which Clam twit proceed on an rate of the ma(aiy. The peters derision will b a, arat and binding. Any mom billy in thiskbitraaarl Prevision, fataidadsion of the arbitrator adthe appeal panel Is subject to jodical review ordy as set math under the FAk M award in arbitration will be n. One of the following arbitration enimrtabte under the FAA by any mud having jurisdiction. EXHIBIT "C" ?r J Capita what's in your wallef7 NOT PAYING YOUR DEBT DOESN'T MAKE IT GO AWAY. In fact, even if we report your account as charged off, you'll still be responsible for paying your debt. So why not call us to see what we can do together to keep you from receiving such a serious mark on your credit record? We're here to help. Please contact us to find a solution that's right for you. Waiting on your tax stimulus check-and looking for a smart way to use it? Pay off your debt and help bring your Capital One 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. fl,r,..?e:; Il,a.;.; ir;.c:,.ida. un,'?.1d,r1=•.Ir-;., 1-;-ape::.I..tin,,:.,i?c-1;-.irq•r:rlf'du. 100,, ,, . r:... , ..... r11 .:.,.r. Previous Balance Payments & Credits FINANCE CHARGE Transactions New Balance &jinimum Payment Due Date $7,206.90 - $0.00 * C$ + $39.00 = $7,413.78 $1,t',:<.7}? Jul. 11, 2008 May. 16, 2008 - Jun. 16, 2008 Page 1 of 1 MasterCard Platinum Account $201-15184191.3567 Your Account Information TOTAL REVOLVING CREDIT LINE $5,500.00 TOTAL AVAILABLE REVOLVING CREDIT $000 CREDIT LINE FOR CASH $5,500.00 AVAILABLE CREDIT FOR CASH $0.00 Finance Charges (Please see reverse llor important information) Balance rate Periodic Corresponding FINANCE died to rate APR CHARGE Purchases 56,23355 0.07189% P 2624% $143.4D Cash SOLO 0.07100 P 2624% $OOD SpeaalTrans $10540 0.07189% P 2624% $24.46 ANNUAL PERCENTAGE RATE applied this period: 26.2491 At Your Service 1-8004103.3637 K& 7 To call Custom Rely ims of to report a lost or stolen card Send payments to: Csp ial Ore Bc(USA),NA - PC. Boot 7W - Charlotte, NC 28M4W Send Inquiries to: Capital One- P.O. Box 30285 - Sal Lee Cry, UT 84M4285 ® Have a question about a charge on your statement? Please refer to the Billing Rights Summary an the tack of your stale eni or visa wwwcartabreocml35flrnes ?odfit b:bmdby six p- I It i - _ ` y: jatnt ot:o le er lea i .: G-r.?(g9fi ::IN'li:", a '(:1'OHrI ......:,,ell ki '!:0111 I'<?)f:t C. `Ef.}'1.^.e 'tl 11 .? -snxlm 311 on.! o: a y . n, a c. 0I ..8()(,,,W5 a T •ecxxrtol of yo r CIA; w f4; 0 "Imporiam Poke" Under the terms we previously discbsed to you, your account is now eligible for an increase in Annual Percentage Rates (APRs) effective immediately. However, Caplal One has aleded not to rase your APRs at this time. Please be advised that if you fail to keep your account in gooe standing, Capital One reserves the rignt to raise your APRs in the future Payments, Credits & Adjustments Transactions 1 CAJUN PAST DUE FEE 53000 Your account is 90 days past due and your Payment Protection coverage has been suspended. As stated in your Payment Protection agreement, your coverage and Mthly charge will be reinstated ore your account is no larger 90 days pest rule. You may still be eligible for benefits to be paid to your account for loss events described in your Payment Protection agreement Call Stormsridge Beni Services at 1.66&527-69D4 to we if your situation qualrres for berefifs. Your account has dyne over as credit limit To avoid adchlio al oveaimit fees, please pay enough to bring your balance below your crucial lima immediately, and make sera you remain below your credit limit. Please be sum to account for any fuhre purchases, fees, and finance charges. You wane assessed a past due fee because your minimum payment was nor received by the cue dale. To avoid this fee in the fur ue. we recommend t 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. CaLl.ftal0n r , .:. r ., 1,., 0 5291151841913567 15 7413780200001913782 New Balance Minimum Payment Due Date C$7,413.78 $1,913.78 Ju'. 11, lG(J8 Pt..r.ASe ri Ar 1.EA;I. THIS Afi 011N l Amount Enclosed C - Capital One BK(USA),NA P.O. Box 70884 hltllnlllltlttllllrl Charlotte, NC 28272-0884 InLl6tltt-1tlltt-L-LIIL-rLtlrLJrr6t16Jrdttlltttll Account Number. 5291-1518-4191-3567 Please print addressor phone number changes below using bkx or black ink. Ibme Phone filione NnalaArkem #901693413536294711 MAIL ID NUMBER DOUGLAS R WASHINGER 142 E KING ST SHIPPENi URG, PA 17257-1329 rIt [fill if Ul111It lrlrttfill IIttl1utltlltlrltlulnl)liit e Please write your account number on your check or money order made payable to Capital One Bk(USA),NA and mail wr this coupon in the enclosed envelope. DOUGLAS R WASH INGER I. Has to Avoid a Finance Charge. a. Grace Period. You will have a miNmum grace period of 25 days wknout finance charge on now Puralw et. now balmoo treaters. no special purchases Ord now Otter oepee II you pw ay your feel 'Now Balancey. In aydadunco with the Important Notice for payraree below. and In tine for h to be created by your Paty"Ohl due data, There Is no grace period on can advaroa end hpadal translate. In addition. there is no grace period on any traseobn it you do not pry, the 1=1 'New Bdabe' b. Accruing FkWM Charge. TrOM9001110116 Which OM MA sublet to a gees period am assessed nnafoe charge 11 from the doe of the transaction or 21 from the data the tracmalon It processed to your A&;OUM of 31 from the first OWW40 day Of the Clifford bi lling period. Additionally. n you did not pay the 'Now Belorae' from the previous bi lling period in full. finance charges continue to seem to your unpaid balance uall the unpaid baknoe h paid In full. This means beat you may still owe finance changes. even lt you pay the entire New Balance irdbOled on the front of your sediment by the paynm due date. but did not do So for the previous month. Urpod Anabe charges are added to the applicable Segment of your ACdolnt o kMrnem Fire" Charge. For each billing period that your aocotrt is Subject to a finance mange. a rnNwm total FINANCE CR RGE ON $o. Sat will be imposed. d. Temporary Reduslan In Finance Charges Wo reserve the right to not dsess nary' a all Rance charges for any given billing period. 2. Aaarego Day BWW40 (Including NOW Pmbgm) Finance chaos Is calculated by nasprylrg the daily balance of each sepram of you account (e.g.. can advaos. purchase. Special tamer. and Special pudese i by the oareeponding daily periodic, rala(eltha has been prevbusty dsok eed to you At the and of each day during the billing period ww apply the daily parbdfo tae for each sogrrent a your secant to the ?N mlence a seen segmers. Then a the end or the lolling period. we Oda W the results at these daily calculations to arrive at your periodic finane, merge for each sigmas. We add up the results from each segment to amre at the tad periodic finance canoe for your mcount. To get the daily balance fa each Segment or you account, we take the beg rani g baler" for aeon sigireht aid add any new noreaotbrus and my periodic finance charge calculated an the previous day's talarae for that Sequent. We then Subtract any Iaymmts or ersdits pasted as of that day that ere allocated to that Sagmant. The gives us the Separate daily balance for each women of your account . However. lt you paid the New Balance Shawn on your prwbus statement in full (or n your now balance war zero or a credit Oirrium). new, ttransactions. which post b your Padese a Special purchase Segments are not added to the daily beenoes. We calculate the average dally balance by adding ail the daily bakrwss together and dividing the sum by the number of the days in the current biking cycle. To tabulate your total finance ctlage, muklpfy, you avaage daily balance by the daily periodic rate and by the nmbar of days In the billing period. Due to rolndirg On a inky bas or due to Maiwrn l inane Charge assessment. there may be a valence between this oubulat Ion and the mourn of finance dirge actually asseered. 3. Annual Rmeemaga Fula (APR). a. The term 'Amid Pemantoge Rata" may, appear as'APR' on the bas d INS slalellnart. b. If tie code P (dtanery Prima), L (OMfteriy LIBOR}. C (Gunnery CD), a S (Barkeerd POhe! appears m the front of this sebrrwrt two to the parodic rae(sl, the periodic rata as omapahdinq ANIJAL PERCENT- RATES may vary quarterly and may, keroae a dectemo based on the sued fndom+ afound In The Wall q- Journal plus the margin provlahsy disclosed to you. These ehenges will be eneaNe on the first did of your billing period emeed by you Arta icomm em ending in the monhs a aaesy. Ap 1. July and October. o If the code 0 (kAOary Prthej, F (klonthty LIBURI, or G Treasury LIBOR! appeals an the front Of you Salalnein naAt to the periodic fee(s). the periodic rates and corresponding ANNUAL PERCENTAGE RATES they Very marshy and may increase or decrease based on the sated Irrdioes, as found in The Wa I Street Journal, plus the margin previously disclosed to you These change At I be eteei an the rim day or your billing perloa Gaon inch If A. Assessment of Lae. Overlaid and Rsumed Paynea Fees Under the tams of your customer aprieralere. we rose" the right to waive or not to assess any lass without prior naMCetlon to you without weMhg our right to assess the Sara or sir ikar fees al a kse lime. 5. Vambashlp Fee and Renewing Your Account. If a membership fee opposite on thin tnatarem we will Credit the to if you request to dose your accent within 30 days of the mailing of Ins wournort. You may continue to use the account drug the 30 day period before your request. if you do tea pry all charges awed on five account wit In in 90 days or a you use you credit dad or account a nor you request to doto. any membare hip fee previously waived may be rameteded to Your account 6. Closing at Suspending Your Account. You way request flat your account be dosed by dating or writing our Customer Relelba Department. At the 9" of your raquest we with pwido you with additkted details an closing your account. This may Include payment Inamallom If you use your credit cad or ohages post to you account after you Gek us to dose your amour. we can keep your mco nt open or reopen lt. We may Close of Suspend you occoure Ord your rot to obtain credit. We mid do this at my time and for arty ream, swan k you are net in default. A auspoi Of you account can be permanent or tmnporery. If your account hi closed a sueponnded you rats stop using Your oredit cord and amours. You mill disc, canml all proWN011 d billing amangemans to the m0ount. We won hot do fruit fa you e We dose a permanently Suspend your account. you fast alto destroy all oedk oade and aooou d Gomm checks. You must 6911 pay all arnCUSS you owe us on the account. own u they were charged oar your aeoc nt is closed a SUepemded 7. kneiff" Paymanls. Payments you rail to us wit be crooned to your account as or ino business day we receve n. provided (1) you send the bottom Pont on or this statement and your Greek In the enclosed nemtnance emebpe and (21 Your payment is mcehsd In our proceestng cover by 3pn ET (12 am PTI. Peas Allow at least five (51 bosimees days to posted delNay. Payments raeNed by US at any other location or In any other tam may not be aedhed as of the day vow receive therm. Our bustlass days are Monday truougn 8. Notice Abate EIW Mb Chadt Conversion. When you provide a check as payment. you wMrize us either to use inamation tram yo r chink to Make a o ealms eleotronio fund transfer from you depose account a to process to paymee as a oheck rarawkin. When we use Imormerbn nom your check to Make an olocknorilt, fund transfer. funds trey be withdrawn from your depose acooua es soon as the same day w8 recoNe your payment. and you will not receive yaw check bwklrom your knenobl irsteutlon Your auhodmlbn is not limited by the dale on the oteok We may resubmit ano ebetraamly collect retuned Pay. 9. Bardaupoy. If you we aanled to bankruptcy promotions for your account. this communication Is Only far International proposes. It Is not an atempt to collect. whose of roomer a debt a clam Do not send any payments direody to us without speaWrg Win your bankruptoy mammy or the Benuupby cam. a you wan to ocrtan us about your account or your bankruptcy pooaodin g, paces hue your attorney contact us }BILLING RIGHTS SUMMARY e1n Cosa of Errors or Questions about Yam Bill; It you think your bill is wrorng. or it you need more Iaormaion on a Inaraodon or bill, wide to us on a separate Sheer as Soon as post big Of the address for inquiries shown on the tram a this statement We must hear Iromyou no later than 90 days bier we hen you the first bill an which the era of problem appeared. You Gant call our Customer Relations amber or notify us by email a "bees. but doing So will root preserve Your rights. In Year Naar, give us the following Inaraeon your new and account number. the dcllaramoaht Of the Suspected ema, a deseriptbn of the era and an "atbn if posmiloe, of why you believe there is an ma, or if you read more Information. a description of the him you we unsure about You do not two a pay any amount in question WNW we we Investigatlrg lt. bun you are still obligated to pay tee pas of your bill that ate not i n question While we investigate you question, war camel report you es delinquent a take any action to collect the amount you quesUm t Special Rule for Credit Cod Puehwa It you news a problem win the quality or property or Servkw that you purchased with a credit card and you hove tried in good lath to correct tie problem with the merchant, you may have the right not to pay the remaining moon ate on the popery a Services. You taus INS paeaon nay wren the purchase price was more then 550.00 and the puroiaee was made In your how state or within 100 miles of your mail trig oidots.(If we awn a operas the meretwinrt. a e we tided you the advancement for the property a Services. all purchases we covered regadsss of amour a location of purchase.; Please remember to Sign all dorrehpardewe. t Des tees Goofy to business woVU)Is Capita one supports information privacy praeoion: we out webefte or rBh Capita One Is a federally "hired Service mark of Capita One Flnanclal Corporation All rights maerwed. 672005 Capita One kryalaekblm:Popwney mabunaGU'Qbyoreamantardasarheexaayavfaciae.00f M It!restrent to bdhrn poem of hfaabriet and you death b teerbsareai6me eaeate lad (2) You payhriei/isreameA m air peae®q name by 3 pm. ET(12 man Pry. Rem drool bat! We(6) NSrae ape for poets delmY. Paynnenb reaiweo by of stay dine bedtm a n my dhe fora any not be aeeen n a tedayasheoewe tmi. Cur anmre dyes are Ha dry magi Se rdaj. mdrnbN heidele. Renee do not life ekpb4 pope dpi lab wide Rtpemg Your ppmea. NAN30690 CAPITAL ONE BANK (LISA), N.A., successor in interest to CAPITAL ONF BANK DOUGLAS R WASHINGER 5291151841913567 AFFIDAVIT 1, being duly sworn according to law, depose and say that: 1.1 am the agent for the Plaintif} herein and I am familiar with the files relating to this account; 2.1 have personal knowledge of the facts and circumstances in connection with this case; 3.Plaintifl's files are maintained in the usual and ordinary course of business; 4.This action is based on a claim for breach of contract and that damages arc sought as a direct result of said breach; 5.After allowing for all offsets and credits, a balance as of February 3, 2012 remains on the subject account having account number 5291151841913567 in the amount of $14,609,05 including interest which continues to accrue from said date at an annual rate of 25.9% ; 6.If called upon, affiant can testify at trial as to the facts pertaining to this matter. The above facts are true and correct to the best of my knowledge, information and belief. (Name of Afliant) Sworn to and Subscribed before me this )7Lday of n-Lc- 2012 NotUy Public X11\111lf/ffff ,•`?,?`ry o NARY PUBLIC •,.'O?tn '?. REG # 358247 c,'MYCOMMISSION; C ? EXPIRES jW . 2/2812013 LTN f11\`` ,'''f'foil Goldman & Warshaw, P.C. BY: Barry A. Rosen, Esquire PA Identification No: 42951 GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK 4851 Cox Road Glen Allen, VA 23060 VS. DOUGLAS R WASHINGER 142 E KING ST SHIPPENSBURG PA 17257-1329 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-6939 CERTIFICATION OF SERVICE m J I, BARRY A. ROSEN, ESQUIRE, counsel for plaintiff, hereby certify that on the date below, I served a copy of Plaintiff's Amended Complaint via First Class Mail, postage pre-paid, to all other parties or their counsel of record, as follows: H. Anthony Adams, Esq. 49 W. Orange Street, Ste 3 Shippensburg, PA 17257 _ BARRY A. SEN, ESQUIRE Dated: /2 / 2 Y f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Capital One Bank (USA), N.A., : No. 10-6939 Civil Term Successor in interest to Capital One Bank 4851 Cox Road Gen Allen, VA 23060 Plaintiff - 'UT-r7 l J V Vs. • t, h + ? Douglas R Washinger 142 E King Street Shippensburg, PA 17257-1329 Defendant PRELIMINARY OBJECTIONS Now comes the Defendant, Douglas R. Washinger, by and through his attorney, H. Anthony Adams, Esquire and sets forth the following: 1. The pleading in this case does not conform to law or rule of court in as much as paragraph 5 and 6 were obviously added after signatures, verification and the affidavit. 2. The item attached as an "'affidavit" is impertinent and does not conform to the information contained within the body of the complaint. The claimed affidavit and verification predate the information in the complaint by one and one-half years. Wherefore, Defendant prays your Honorable Court dismiss the Plaintiff's complaint. Date: i 10 Respectfully, H. Anthony Adams, Esquire Attorney for Defendant 49 West Orange Street Suite 3 Shippensburg, PA 17257 (717)-532-3270 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Praecipe and Preliminary Objections upon the person indicated below, by depositing a copy of the same in the United States Mail, Shippensburg, Pennsylvania, with first class postage prepaid: Barry A. Rosen, Esquire Goldman & Warshaw, P.C. 312 W. Broad Street Quakertown, PA 18951 Date: H. Anthony Adams, Esquire 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 (717)-532-3270