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HomeMy WebLinkAbout12-0484INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (USA), N.A. 4851 COX ROAD GLEN ALLEN, VA 23060 Plaintiff VS. BLAINE KIMBALL 825 CLUB HOUSE DR MECHANICSBURG PA 17050-7622 Defendant : CIVIL ACTION NO: /a - 'q8V NOTICE TO DEFEND rn m c_ -n ? s.l7 W C:D .?3 t eivit7eirm 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 to Defend are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. O MIDPENN LEGAL SERVICES 4103.15 PO 401 EAST LOUTHER STREET C'§ f r oa CARLISLE, PA 17013 a?A3 717-243-9400 r , TN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK (USA), N.A. : CIVIL ACTION 4851 COX ROAD GLEN ALLEN, VA 23060 Plaintiff VS. . NO: BLAINE KIMBALL 825 CLUB HOUSE DR MECHANICSBURG PA 17050-7622 Defendant COMPLAINT Plaintiff, CAPITAL ONE BANK (USA), N.A. , by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, CAPITAL ONE BANK (USA), N.A. , (hereinafter "Plaintiff") is a corporation with a principal place of business located at 4851 COX ROADGLEN ALLEN, VA 23060 2. The Defendant BLAINE KIMBALL (hereinafter "Defendant") is an adult individual residing at 825 CLUB HOUSE DR MECHANICSBURG PA 17050-7622. 3. At all relevant times herein, Plaintiff was engaged in the business of debt purchase and collection. 4. Defendant applied for and received a credit card issued by CAPITAL ONE BANK (USA), * with the account number ending in 2273. 5. Use of the CAPITAL ONE BANK (USA), * credit card was subject to the terms and considerations of the Cardmember Agreement (hereinafter "Agreement"), a copy of which was sent to the Defendant along with the credit card. 6. Defendant used the CAPITAL ONE BANK (USA), * credit card account number ending in 2273, for purchases, cash advances and/or balance transfers. 7. The Defendant was mailed account statements relative to the Defendant's use of the subject credit card. (See, attached hereto as Exhibit "A") 8. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. (See, Cardmember Agreement attached hereto as Exhibit "B.") 9. The Defendant last made payment on July 30, 2008. 10. The total amount due and owing the Plaintiff including interest, is $27,874.27. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $27,874.27 plus costs of suit and any other relief as the Court deems just and appropriate. submi P( iri ACAbrahamsen & Assoc. Michael F. Ratchford, Esquire Attorney I.D. Nos.: 86285 / 120 North Keyser Ave. Scranton, PA 18504 mratchford@eaa-law.com Phone: 570-558-5510 Fax: 570-558-5511 VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff, CAPITAL ONE BANK (USA), N.A. , am fully familiar with the facts set forth in the within Complaint and am authorized to make this Verification on behalf of Plaintiff. I Verify that the facts set forth in the within allegations are true and correct to the best of my knowledge, knowing that any false statements are punishable by law pursuant to 18 C.S.A. 4904. 500023 7W 0 ie Q • Spread too thin? Paying bills takes a lot of time: writing checks, addressing envelopes, mailing letters. Get some time back each month with Capital One"' balance transfers. Consolidate your bills and higher-interest payments, maybe even save some money, and then spend your time relaxing, shopping or watching the game-instead of writing a lot of checks. to transfer? See reverse to learn how. Call i-877-q76-7939• C77 Previous Balance Payments & Credits CE FI FI ARNANCE Transactions New Balance Mirrmun Paymmrt Due Date $13,411.54 - $299.95 * $109.45 + $2,757.04 = $15,978.08 $319.00 May. 30, 2008 Apr. 06, 2008 - May. 05, 2008 Page 1 of 2 1% --- KM MY AT LEAST THIS PJAMW MasterCard Worldcerd Account H 54863017.4080.2273 ? Your Account Information REWARDS TOTAL REVOLVING CREDIT LINE $25,700.00 TOTAL AVAILABLE REVOLVING CREDIT $9,721.92 CREDIT LINE FOR CASH $5,140.00 AVAILABLE CREDIT FOR CASH $5,140.00 Finance Charges (Please see reverse for important information) Balance rate Periodic Conespondng FINANCE applied to rate APR CHARGE Purchases 514.964 20 0 02438% 890% 5109.45 Cash 50 00 0 02438% 890% S000 ANNUAL PERCENTAGE RATE applied this pedod: IIW% ATh At Your Service 1.800.8567070 To cal Oustomer RoWa or to reporl a bst a stolen cad V AWk Send payments to: (:a*10. Bk(USA),NA - P.O. Box 70884 - Charbee, NC 28272-0884 Send Inquiries to: CsPital One Serrbes- P.O. Box 85012 - Richmond, VA 23285-5012 For More Information on your Rewards: Visit. waw.capiaebne.co"mibsrewerds (?511: 1-800-2283001 ® Have a question about a charge on your statement? Please refs to the Bluing Rights Summary on the back of you statement or visit www cWtalone comldis rp tes Rewards Summary Previous available balance 27 274 Earned this period 1,866 (relleds transactions posaed during this billing cycle) Forfeited this period 1759 Available Balance 27 381 Payments Credits & Adi istments 1 23 APR TARGET OD022020 MECHA14 I CSBURG PA 531.95 2 01 MAY PAYME14T S258 XE Transactions 3 D4 APR SILVER SPRINGS DINER MECHANICSBURG PA S2583 4 05 APR GIANT FOOD #269 CAMP HILL PA S51 45 5 06 APR WEIS MARKETS #125 SHD CAMP HILL PA S1576 6 07 APR Amazon corn AMZN COM43ILL WA 52516 7 D7 APR AMZ•Amazon Payments AMZN CONYULL WA S2378 8 07 APR PURCHASE CHECK 1 250710413885 54388 9 07 APR WAL-MART #1886 MECHA141CS13UR PA 591 45 10 08 APR BLOCKBUSTER.COM 866-692-2709 TX S847 11 09 APR SHEETZ DOW2003 MECHANICBURG PA 5619 12 11 APR COVE14ANT EYES 963743-11 DO MI S799 13 12 APR SHEETZ 00001958 MECHA141CSBURG PA MO 02 14 12 APR RUTTERS FARM STRE Q87 ETTERS PA $4051 15 12 APR PALUMBO PIZZA MECHANICSBURG PA S1599 16 13 APR WAL-MART #1886 MECHANICS13UR PA S13416 17 13 APR FIRE MTN #2465 QB3 MECHANICS8URG PA S3746 18 14 APR APC'ALLPOSTERS COM 888-654-0143 CA 517.94 19 14 APR WAL-MART #1886 MECHANICSBUR PA S1375 20 15 APR PURCHASE CHECK 1 2509 08985239 S15700 21 16 APR MON,IOBIL 42DD4Q19MECHANICSBURGPA 5306 22 16 APR NAPSTER•ID 443906790 800-6394210 NY S1292 23 18 APR PURCHASE CHECK 1 2510 06782093 S1 n67 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ONTO WWW-CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE. ow-I --,-,in your waIlet?' 0 5466301740902273 05 0000000268000319003 New Balance Minimum Payment Due Date $15,978.08 $319.00 May. 30, 2008 PLEASE PAY AT LEASE THIS AMOUNT Amount Enclosed Capital One Bk(USA),NA Irlurirrrllrlrlrutrlii P O. Box 70684 Charlotte, NC 28272-0884 inlrl?ulMuir??nr?nirlilnr?nlrinlnini?nlnlnlinr?? Account Number: 5466-3017-4090-2273 Please print address or phone number changes below using blue or black ink. Hoene Phone AHMrWe Pyrnne E-mail a cf&e #9012721147452955lt MAIL ID NUMBER BLAINE KIMBALL TRACEY KIMBALL 825 CLUB HOUSE DR MECHANICSBURG, PA 17050-7622 I I IIIlnIIiIruIIIIIiIIIIIrniIIi1urlrlnhhrhhhlrnllr Please write your account number on your check or money order made payable to Capital One Bk(USA),NA and mail with this coupon in the enclosed envebpe. 1?)Ch) bi ? "A u Transferring balances is easy. Here's how: i. Grab copies of your other credit card or loan statements. 2. Then, grab your Capital One balance transfer checks. Write in the amount you'd like to transfer and mail them off. 3. Or, if you don't have checks, call us at 1-877-476-7939 and ask for a balance transfer. We'll walk you through the process step-by-step. 4. Be sure the total of your transfer requests doesn't exceed your available Capital One credit line. 5. Enjoy the time you'll save! M2 os 1. Hoer to Avoid a Fiance Charge, t a. Grace Period You will have a rrkdoum grace period of 25 days a dlout finance charge on neav punhasas, new balance transfers, new special purchases and new other charges It you pay your told "Near Balance'. I. accordance wIM the Impodant Notice for peymenk below. and M Ilene for k to be cradled by your rexl stateirriad closing dale. There is no grace perbtl on cash advances and specid in milers. In adpit there ts m grace period on dry Immaeton N you do not pay the total "Nev balance." b. Accruing Fiance Charge. Transactions which rs not subject to a grace period are assessed finance charge 1) from tie date of the transaction m 2) from to dab the transaction Is Processed loywr Account or 3) tam the first calendartlay dthe curtest hitting period Adrttmally, f you did not pay the "hdew Batance has the previous biting period in frt. finance charges c9dYrue to mcae to your -paid balance anN the unpaid balance a paid In fug. ltd means that you may sill owe finance charges, even Y yea Pay the.0. New Balance indicated w the front of your stalarted by the nod stiderme nt closing dais, but did nod do so for the previous nedh. Unpold finance charges are added to the applicable segued of your Account t c. Ninkrum Firearm Charge For each bang period that your account Is subject to a finance charge, a mtrimrn Idat FINANCE CHARGE of $0.60 wl be Inposed. It the Ictar finance charge resulting hen the application of your periodic rele(s) Is less than $0.50, we will subtract that amcud Ran the $0.50 nbtmem and the dW-'o AN be bled to the purchase segnerri d your account. t d. Temporary Reduction In Finance Ch arge.We reserve the right to not assess any or all Nance charges for any given brig Period- 2 . Average Oak Balance (Including New Purchases). Finance charge Is calculated by miMpymg the daily balance d each segnar or your account ie.g., cash advance, purchase, special handler, and special purchase) by the corresponding der periodic reb(s) Ind has been previously disclosed to you. At the and of secli day during the bMng period, we apply the tlay periodic role for each segnarw or your account to the defy balance d each segued- Than at Ito and or the billing period. war add up the results of these day calcukdlDm b arrive at your periodic tnarce charge for each seprnad. We adtl rp the results Rom each segment to arrive at the total pedotlk finance change for your amount. To get the ridgy balance for each segment of your account, we lake Ilse beginning balance for each sagnern( and add any raw transactions and any periodc finance charge calculated on the previous day's balance for that segnant. We ten subtract any Payrreds or credits Posted as of that day that are allocated to Ina segment. This gives us the sapaata dory bearce fa each sagriad of your account However. ally pad the Navy 8alence shown ou your previous stAemenl m bX (or If your mnir balance vies zero a a credit amount), new trensecltms, vArlch post to your purchase a spaded purchase segments are not added to the day balances. We calculate the avenge defy balance by adding all it* day balances together and Avidmg the sum by the number of the days W the coned bitting cycle. To calculate your told finance charge, muldply your avenge dally balance by the defy periodic rate and by the ember of days at the billing Period. Due to nundi g on a day basis, there may be a slight -dance betman this calculation and the amount of finance charge ackiatiy asswriad. 3 Annual Percentage Rates (APR). a. The lerm "Annual Percentage Rate" may appear as "APR' ai the front of this slatamed b. If the code P (Quarterly, Prints), L (Ouadedy UBOR), C Joust" CD). or S (Bartcad Prime) appaers W the front of this statemeril deal to the periodic nte(si, the ;;=Al les d spading ANNUAL E RATES naY vary quail" and they Increase a decrease based m the stead IndIc8s. so found In The well Strad Joumat phis the nergin previously disclosed to you These changes Will be effective w the first day of your Nllhng period covered by your periodic slatsmanl ending In the months of January, Apt, July and October. c. If the code D (Moray Prime). F (Monthly UBOR), or G (Treasury UBOR) appears on the frail Of your stationer next to the periodic rate(s), the periodic rates and corresponding ANNUAL PERCENTAGE RATES may very mr-tidy and My Increase or decrease based on the staled kidices, as found in The Wall Street Journal, Puts the Migin pravrously disclosed to you. These changes will be effective on the first day Of your biting period earn nmrth. t. Assassrnwd of Lab, OverNrrit and Returned Payment Fen. Your account wN be assessed no moes than three of the fees listed here that occur during dry btthg period. Under the lane d your customer egs""non , we nsarve the right to waive a not to asseas any fen wtih owl prior noNicetm to you wNhout tailing our right to assess the sane a stratlan fan ad a later Unria. t 5. Raready rg Your Amount if a membership ise appears M the front d Your slatemad, You have 30 days from the dale Ihts sill m l was naffed to YOU to avoid paying the fee or to have such fee credited to Y. r you tercel Your account adthoot having to pay the mardiershlP be. To cancel your acr ornt you -it ndry us by calling our Cusbniar Relations Department and pay your "Navy Balance" In IW (mcludbg the nrernbershtp fee) prior to the and of the Ihbty-day period. 6 N You Close Yerr Account- You can request to dose your account by calling our Cuslaner Relations Dspadmanl. You mat desboy your cncl cad(s) and account access checks, cancel all PreaYthorized hitting and cease using your account- Albr your request to dose, if you continue to handed a do not cancel prawbodzed b Nng aaang~s. as vA consider receipt of a change your authorization to keep ym account open. AddillmaNy, your accmr will not be dosed Will you Pay atI amours you owe us InoWdthg' any transactions you have authorized. finance changes. pest due fees, ovisibril fees. retuned payment fees, cash advance fees antl any other bes :sensed to your, account. You are reepwathle for these -fti whetherthe/ appear on your accord al the time you requast to dose the scowr or they en Incurred Subsequent to year request to cbse the account- This they result in Charges appearing an year account filer you have requestad the account to be closed. 7. llahip Your AOeount Your card or account cannot be used In cmnection Gth anY Intend gamDNng transactions- B. Notice Abet Bedrordc Cheek Cormadon When you provide a check as paymepl you authorize us diner to use Information from your Check to make a oneatrne alechodc fund transfer Ran Your barb account or In Process the payment as a check transaction. When we use Infomalbn from your check to make an electronic fund transfer, finds may be withdrew from your bank account as soon as the some day V'S receive your paymed, and You VAX not receive your check back from your financial mslfuiion. BILLING R1_ SUMMARY On Case of Enas or Ouesdons about Your BNry If you think your bit is wrong. or If you need ewe fidorrratiw on a Iranadion or bill, Vase ID us an a separate shed s r - as possible at the address for inquiries shown w the norm of this stationed. We nest hear from you nc Infer ten 00 days other we sed you the first bill w adrich the saw or problem appeared. You can coil our Cudurer Relations number, but tloing so ad and preserve your rights. In your Isryer, give us the WNOwkag infomelion your name and account number, the ddlar anount of the suspected error, a description of the sear and an explanation. r possible of why you believe there Is an anor; or ff you neat more I tomathon, a Cescriplim Of the Nam You are unsure abouL You do nod have to pay any redound m quaslian while vye an Investigating it, but you am sill obligated to pay the pads or your bill Nat are not In question. While m Investigate your question. we camel repel you as delinquent or take any action to coiled the amount you Quesion- L t Special Rib For CreCll Carat Purchases If you have a problern vtth the quality of properly a services the( you purchased with a credit carat and you have bled in good lamb to correctthe problem w*h tie nmmhiant, you may have the right not to Pay day renaming amaid due on Ita property m service. You have this protection ony when the purchase price was there than $50 00 and the purchase -1 rr ado In your hone slate m %Win 100 rain of your malting address. of we orvn a operate the narchad. of if are meted you the adveisanar by the Prop" a service. all purchases are covered regardless of amount orbcation d pumhase., Please renumber to sign all canspondance. t Does rod apply to cansunernon<redl ..,it accounts t foes not apppy to bkw Lies of wred, t cad acfv:n;b Capital One supports Inroaietian privacy probdion: see our website el uani• eahialo ne eon. Capital One Is a federally registered service nark Of Capita Ore Financial Corpordim. Ail rights reserved. 0 2006 CepNat One TC-0B 01 DM6056.I-01710007 impewtHpics: Psynwnb you met bas ail beaded bYar azwrdandIle humansdsy we reoeie AproNdd f1)you nil ate coda" potion aths adamant and yarn den in In aidand ramitlnoe me" ad t2) Your payment is re cowed m our prowag outer by 3 p.m. ET 112 roar Pr!. Plate May at lag two t5) busies days to Fred dicey. Payment novel by us at any, abrkansah a in any oiler fam may not In cedld a of be day lie amre them. Our balrcs days as kbdey Ihmugn Sdwday, -wrig hdidvs. Plater do Tel war rd.'pie. Paper Spa, ac. vdhm preparing your pwmeL 500017 Keen vour • 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. ynur abilih to get a credit card. • [;se 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 CHARGE Transactions New Balance Minimum Payment Due Date C>13,411.54 - $299.95 $109.45 + $2,757.04 $15,978.08 $319.00 May. 30, 2008 Apr. 06, 2008 - May. 05, 2008 Page 2 of 2 MasterCard Worldcard Account 5466-3017-40962273 L?.? r Your Accountlnformadon f Jl Hmde TOTAL REVOLVING CREDIT LINE REWARDS' $25,700.00 TOTAL AVAILABLE REVOLVING CREDIT $9,721.92 CREDIT LINE FOR CASH $5,140,00 AVAILABLE CREDIT FOR CASH $5,140.00 n(AM W AT UEW THIS ANMIC, Transactions (continued 24 19 APR DOCHOLLIDAY5STEAKHOHARRISBURG PA 510592 25 21 APR TURKEY HILL#280 069 ENOLA PA S4001 26 23 APR HESS 38285 038 CAMP HILL PA S4500 27 28 APR STt1BHUG.INC8667882482CA 559165 28 28 APR HESS 38285 0,38 CAW HILL PA S4503 29 29 APR HESS 38285 Q38 CAW H ILL PA S5000 3D 30 APR PAST DUE FEE S3500 31 01 MAY AMOCO OIL 05967690 HARRISOhBt1RG VA S3499 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 you minimum payment to reach Capital One Whether you're in the market for a home equity, ban or you're interested in refinancing , Capital One will find a home loan solution to frt your needs We offer great rates no hidden fees and you will receive the one-on-one attention of the same personal loan consultant iom cat to dose. Visit www.capitalonehomeloans corn for more information 500023 Q ? O • Spread too thin? Paying bills takes a lot of time: writing checks, addressing envelopes, mailing letters. Get some time back each month with Capital Ones balance transfers. Consolidate your bills and higher-interest payments, maybe even save some money, and then spend your time relaxing, shopping or watching the game-instead of writing a lot of checks. Ready to transfer? See reverse to learn how. Call 1-877-476-7939• FINANCE Previous Balance Payments & Credits CHARGE Transactions New Balance Minimum Payment Due Date C $15,978.08 - $375.92 $132.40 * $2,425.46 = 518,160.02 $363.00 Jun. 30, 2008 May. 06, 2008 - Jun. 05, 2008 Page 1 of 2 MasterCard Worldcard Account 5411111,30174M2273 ! ? Your Account lnfonna on REWARDS TOTAL REVOLVING CREDIT LINE $25,700.00 TOTAL AVAILABLE REVOLVING CREDIT $7,539.96 CREDIT LINE FOR CASH $5,140.00 AVAILABLE CREDIT FOR CASH $5,140.00 F inance Charges (Please see reverse for important information) Balance rate Periodic Corresponding FINANCE applied to rate APR CHARGE Flachmes S1751898 002438% 890% S13240 C ash SO 00 0 02438% 8 9D% 5000 1 WNUAL PERCENTAGE RATE appied this period: ILAOX At Your Service 1-Mr-6-711ITO rd-' To car Olslomer Relations or to report a lost a stolen cad ' Send payments to: Capital One WUSAI,NA • P.O. Box 700M • Charbae, NC 28272-0884 ' Send Inquiries to: CWital One Services- P.O. Box 85012 • Richmond, VA 23285-5012 For More Information on your Rewards: Visit: wAw.capitabne.oomAnilesrevsrds Oat 1-800-228-3001 Have a question about a charge on your abatement? Please refer to the Bung Rights Summary on the back of your statement or visit www.caritalone comlds routes Rewards Sum PLEASE PAY AT LEAST THIS AMMINT Previous available balance: 27 381 Earned this period 1:743 (reflects transactions posted during this bang cycle) Available Balance 29.124 Pay ments, Credits & Adjustments 1 13 MAY MARSHALLS WU MECHANICSBURG PA 534.93 2 15 MAY WAL-MART #1886MECHANICSBURPA S694- 3 15 MAY TARGET DD022020 MECHANICSBURG PA S1499- 4 29 MAY PAYMENT S319 00 Transadions 5 05 MAY THE HOME DEPOT 412D MECHANICSBLJRG PA 54255 6 OB MAY BLOCKBUSTER COM 866-692-2789 TX S847 7 08 MAY HESS 38285 Q38 CAMP HILL PA 54503 8 09 MAY MARSHALLS #834 MECHANICSBURG PA S3499 9 1D MAY OCS#0203MECHANICSBURMECHANICSBURGPA S1258 10 10 MAY CHARLOTTE RUSSE 253 CAMP HILL PA S49 98 11 11 MAY COVEI IANT EYES 983743-1100 MI S799 12 11 MAY APPLE13EE S MEC07201007 MECHANICSBURG PA S8592 13 12 MAY SHEETZ 00002287 HALIFAX PA S4000 14 13 MAY WM SUPERCENTER MECHANICSBURG PA S19552 15 13 MAY JO JOS PIZZA MECFIANICSBURG PA S1201 16 13 MAY SILVER SPRINGS DINER MECHANICSBURG PA 52736 17 15 MAY AMZ•Amazon Payments AW04 COWBILL WA S8794 18 15 MAY GOOD HOPE FAMILY PRACT SOUTH ENOLA PA S5000 19 15 MAY GOOD HOPE FAMILY PRACT SOUTH ENOLA PA 975 00 20 15 MAY PURCHASE CHECK 1 2512 0852819D S1 D26 67 21 16 MAY PAYPAL *SOUTH COAST 4029357733 CA S4684 22 16 MAY MACARONI GR32700003277 HARRISBURG PA S3997 23 16 MAY TURKEY HILL #280 Q69 ENOLA PA 55000 24 17 MAY MCSBYS PUB MOL44T JOY PA S2165 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE. 0 5466301740902273 05 0000000319000363007 41:ilpiwow I what's in your wallet?' Account Number: 5466-3017-4090-2273 New Balance Minimum Payment Due Date C$18.160.02 $363.00 Jun. 30, 2008 PLEASE PAY AT LEAST THISAMOUNT Amount Enclosed , Capital One Bk(USA),NA P O. Box 70884 l t l ttlartliltalttalall Charlotte, NC 28272-0884 lrtitiininrlrlinrlulAl llntinltlnIIElnllnlnioil nrii Please print address or phone number changes below using blue or black ink. Home HSone Aderrwre FAcri e F arad adrD-ess #9015821147452950# MAIL ID NUMBER BLAINE KIMBALL TRACEY KIMBALL 825 CLUB HOUSE DR MECHANICSBURG, PA 17050-7622 to lllnrlllanriririiIt intitlinnirinitinlritirintlit Please write your account number on your check or money order made payable to Capital One Bk(USA),NA and mail with this coupon in the enclosed envelope. Transferring balances is easy. Here's how: 1. Grab copies of your other credit card or loan statements. 2. Then, grab your Capital One balance transfer checks. Write in the amount you'd like to transfer and mail them off. 3. Or, if you don't have checks, call us at 1-877-476-7939 and ask for a balance transfer. We'll walk you through the process step-by-step. 4. Be sure the total of your transfer requests doesn't exceed your available Capital One credit line. 5. Enjoy the time you'll save! 1. How to Avow a Finenoa Charge. a. Gaea Period. You willhave a ni inum gate Pentod a 25 day. without Mnance charge On nevi purchases. new balance transren. new special purchases and new ohr charges it you pay your "W "New Balance", in accordanee with the Important Notice for payments below, and in I,- bas a b b credfed by your mymed due dale. These is no grace period at cash advances all spact.$ li sirs. In oddltlon, there Is no grace period on any transaction r you do not pay the total .New Balenc?a " b. Accruing Flnerwe Charge. Transactions which are not subject to a grace period are assessed chance charge 1) from he date of the Irensoctlon or 2) kam he date it. Iremacfa, is processed to your Account or 3) from he asst calendar day athhe current Willing period. Additionally, r you tllo not pay the'New Balance" from the previous billing prod In fur, finance charges continue to accrue to your unpaid balance will he unpaid balance Is paid in full. This meal that you my s11111 eve finance charges, even It you pay ha miles New Balance Indicated on the frond of your stalerren by the payment due date, but did not do so for the previous month. Uhpold finance charges are added b he applicable segrod of your Amount. c. Minimum Finance Charge For such bevy prod that your account Is alDject to a Menke charge, a minimum total FINANCE CHARGE of $0.50 will be Imposed. d. Temporary Reduction in Fkence, Charges. We reserve the right to not assess all r all gnence charges bas all given btiMhg period. 2. Average Daily Believes (Including New Purchases). Finance charge Is calculaled by mu/iplybg he risk balance of such segment of your account (e.g.. cash advarre• purchase, special kanslor, and special purchases by he corresponding daily periodic raja(s) that her been previously disclosed to you. Al he and or each day during the baitng priod• we apply the dally periodic rape for each sag rd of your acdount b he daily balance a each segnant Than at the end of he billing period, we add up the rsutis of them dally calculations to arrive at your periodic Mrencs charge rr each segment. We add up the results from such sagnert to arlNs at the total periodic fink. charge for your account. To get he dally balance for each segment of your account. we take the laagi-i g balance for each segment and add arty near Inarneaclions and any perkstlk Mnance charge calculated on the previous day's balance for that segment We that subtract any payments or credits pooled as of hat day that am allocated to that segment. This gives us The soperale dally balance fit each segrreenl of your amount However, it you paid the New Balance shown on your previous statement In full (or If your new balance ors zero or a credit amounq, nest trensadlons• which post to your purchase or spectra purchase segments am not added to he dally balm". We calculate But average daily balance by adding of the daily balances together and dlvkfng the sum by the number of the days in the currant being cycle. To calculate your total finance charge, muNply your average dally balance by the dray periodic rate and by the number of days In the "Mktg period. Due to rounding on a dally basis or due to rtiiraan finance charge assesamem, them may be a valence between this calculation and the amount of Menke charge edualy essossad_ 3. Annual Prrsmbage Rates (APR). a. The teen "Annual POMOMage Role" may appear as "APR" on the front antis slalenenl. b. It he code P (OuarbM Pdmel, L iOuadery LIBORI, C (oumody CD), or S (Bmkcad Prim) appeas W the front of this statement nod to the periodic mas(s), the Perlocic rotes and corresponding ANNUAL PERCENTAGE RATES trey very quarterly and may Increase or decrease based on he staled Indices, as found In The We# Street Joumel, plus the mrghi pevbusy disclosed to you. These changes will be erectile or the first day of your blMng period covered by your periodic slot ervent ending In the mclahs of January, April. July and October. c. if the code D tbbrthly Primei. F,AAmrMy UBORI, a G (Treasury U80R) appears on the front of your slelenent nod to he periodic rele(s), the periotlk raps and corresponding ANNUAL PERCENTAGE RATES my very monthly and may Increase or decrease based on the stated Indices, as found In The WON Street Journal, plus it* nmgin previously disclosed to you. These changes wall be efecMVe on the IMSt day of your baling period each monk. 1. Assessment of Late. Overanil and Returned Payment Fes. Undertho terms of your cusloner agmenent we reserve the right to "Ova or not to assess all lees without prior n fin :alion to you without weMng or right to as sess the same or sMlar leas at a ire Mme. 5. Membership Fee red Ranewkq Your Accourt. r a membership fee appears on his skaleme i, ass wM credit the fee If you fob eal to close your account vdhin 30 days ahe ma6rrg of his strenamL You trey continue to use he account during he 30 day period before your request. It you do not pay as charges owed on this accent with In 90 days, or it you use your credit card or account offer you request to close, any membership fee previously walled may be minstaled to your account d. Cioskg or Sumpadkrg Yor Account. You nay request that your --I be closed by calling r Wrpkg our Customer Relations Depadtrent. M the Bone of your mquast we will provide you with additional details on closing your account. This nay Include payment Momiatlon. If you use your credit card or charges post to your accaunl den you ask us to close your account. we can keep your accourt open or reopen a. We may dose of suspend your amount and your light b ablaln credit We may do this at any titre and for any reason , even If you are not In default. A suspension of your account con be pe rnment ortenporary. If your account is closed or suspended, you neat slop using your credit ,red antl account You meal also cancel all prsahalzed bgrng anangenraas to he account. We will not do this for you . If we close or pemrenensly suspend your account, You -1 .h. destroy all credit cards and account access checks. You mull sal pay ON amounts you owe s on he account even If they ware charged aver your accmnl h closed a suspended. T. Making Payments. Payments you mall to us will be credited to your account as of the business day we receive M, provided (1) you send the bodom portion of this statement and your check In he enclosed romillance envelops and (2) your payment is received In our processing center by 3pm ET 12 noon PTy. Please allow at least five (5i buskers days for poalek delivery. Portraits received by s al any other looalbn or beery other form may not be credited as of Ito day we receive hem Our business days am Monday through B. Notice About Ebchro is Check Conversion. When you provide a check as payment, you oulhorize us either to use bromallon from your check In make a onadkru aleckonic fund transfer from your deposit account or to process the payment as a check transaction. When we use Irtomell from your ctwil to mare an electmric fund transfer, lands may be wrhdrewn Ifam your deposit account as soon as the sane day we receve your payment. and you will not receive your check back from yournnenclal inslrulbn. Your aulbod-tbn Is not Ikntled by the data m the chwk_ We may mwbmk and aleckonicary cored resumed payments. r. Bankruptcy. If you are aided to bankruptcy protections for your accourt, his comm+Ncatbn is only for laorreitorel purposes. N is not an attempt to collect, assess or mcwer a tied or claim Dona send any parments dkeuily to us without speaking with your bmkmpicy attorney or The Bankruptcy Court. If you wad to cored us about your account or your bankruptcy proceeding, please have your attorney contact us. tBILLNG RIGHTS SUMMARY (In Case of Enos or Ouesbns about Your Ba0 If you think your DM Is wrong, or ryou need more Information on s Imnsadkn or bill, write to us on a suspends sheet as soon as possible of he address for hatuldes shown on the kohl of this staterret. We must ilea from you nn IWe Mal 00 days alter we sea you the first des on which the mror or problem appeared. You can ctl our Customer RelWkrhs number or nary us by small or w eballe, but doing so will not preens your rights. In your leer, give us he following kfanefbn: your mare antl account number, the dollar anoua of he suspected eror, a tlesaiptlah vita err and an eoplahalkn, rpomde, of why you bell" ham is an sou, or ryou need more Information. a description ahe Man you se unsure about. You do rot have to Pay all amount In question while we are Imstigalbg IL but you am Stitt ofteled to pay Its path of your bill hat am not in quaslkm White we instigate your grestim we canna report V. es doitngeent or lake my action to cored the err 1 you question t Special R.I. fa Credit Card Purchases If you have a problem with he quality of property or services that you purchased with a credit card and you have triad In good faith to correct the problem with the rtuachant, you my have he right not to pay the remaining amount due on the property or service. You here his protection only when ft purchase price was more than $50.DO and he purchase was node in your hone sire or within 100 miles aycur r uftg address. (If we awn or rip a the merchant, a r we nraled you the advetiserrvut for the pmpey or services, all purchases are covered raga dim. a amount or location or purchase.; Reese mrenber to sign fir correspondence. t Does not appy in btwhess -'s Capita One supports laomnatlon privacy protection: see our wobsile al g CaprW One is a federally registered service mark of Capra One FlnehdW Corporation. Ail rigMS reserved dt 20W Copilot One knparea We- Pymais you mkl as us ail be uedied In yen accost as of the buses day rw reriys iL prowled (1) you seed the bdlun portion rife aWmml sal you dudk in he wadm d renftl a nnapo end (2) your pymml I. recsyed in our pro ang aver by 0 p.m. ET 112 man Pry. Peas WI- a Merl five IS, busts dry. er Israel delivery. PWnere,ored by us a my odor luafim or in all dha form may eat be awhed r oMm dy m r-im gran. des bmi w dye ore Wndy ewsugh Swurdy, rdidmg hdiday.. Plae do ml m sepia, Prat des.. etc ohm pr?eing your Pymmt kcapind 510017 K ur • Know your credit limit and the amount of credit available for your use. • Maintain a good credit hisu)rV...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 LhaL 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 CHARGE Transactions New Balance Mirlimrm Payment Due Date CI5,97808 - $375.92 $132.40 + $2,425.46 $18,160.02 $363.00 Jun. 30, 2008 May. 06, 2008 -Jun. 05, 2008 Page 2 of 2 ;t MasterCard Worldcard Account 5466-3017.4090-2273 Your Account Inforinallion TOTAL REVOLVING CREDIT LINE R $?A700 00 TOTAL AVAILABLE REVOLVING CREDIT $7,539,98 CREDIT LINE FOR CASH $5,140,00 AVAILABLE CREDIT FOR CASH $5,140.00 nUSF PAY M LEAST THIS AIAWW, Transactions (continued 25 18 MAY THE PATRIOT-NEWS MACTI 717-255 8237 PA 547 60 26 19 MAY SHEETZ 00002014 MECHANICBURG PA S45 D1 27 19 MAY NAPSTER'ID 443906790 800 839 421 D NY S0, 99 28 24 MAY HESS 38265 038 CAMP HILL PA S64.99 29 27 MAY SHEETZ 00002003 HALIFAX PA S5179 30 28 MAY SILVER SPRINGS D INER MECHANI CSBURG PA S1513 31 30 MAY RN *RHAPSODY MUSIC 8%834-5509 WA SD 89 32 30 MAY HESS 38265 Q38 CAMP HILL PA S55 DI 33 30 MAY WESTY BEER DIST INC CAMP HILL PA S3179 34 D1 JUJ WM SUPERCENTER MECHANICSBURG PA S8188 35 02 JUN HESS 38285 Q38 CAMP HILL PA S4&01 36 03 JUN PAYPAL'AUTOTRADERC4029357733GA S25.t7D Whether you're in the market for a home equity loan or you're interested in refnarring, Capital One will find a home loan solution to fit your needs. We offer great rates no hidden fees and you will receive the one-on-one , attention of the same personal loan consultant horn cal to dose Visit www caotalonehomeloans can for more information. 005113 CUSTOMER AGREEMENT Welcome b Capital One* We are pluaeed b have yew credit card a hint. This and kaswi be subject to Us Agreement and he Seem* Account Assignment CsWw Agreement canMis i io n don abod your account Please read it and keep t Agtea?ht0tappkrble} Ary transactions harored In etas ofyour crediitiml fa your mcords,Yaw", , wk%ugtrtosc m oWaccowd(VAAg ff mr) ?treepimaniureata0fyour cmQtireitunless weexpreeclynowyou consiebofiti OxionnowAgiummo Ml l wihaydaigKloilisQsbrer Otw*ke. make as pousdW bigger. is Seatrly Account Fapplcable} the =W~ AV--d (I applea Ona Neves, any t padded ad dYkar, to o}b?tue lire yP*Wmff account bdosra puerM to teWma nfis MTmh In Landing Act the" Dtedosp se), swat: any mbeequerdrnoices of danger any decteie or 403M egrhme) a any sppmalm going slip or oterewiderra of" iruibhbdries on your account In this to wds you: yard ant 1-1 rdatoeachpersonwhosigedto urfatheaccout(sackajobd IdWftl aid 10 anyone on wI Is salhatted b use tie In (gach,ah'AuborWd Useq DOWasspecdealygftdhwde.each ofyrwis bdAiidualy arid Ok* ft M cede OnAwamot. The wads V%' W wd'ots' mean Capin One Bantu and ib sameaara, assigns. M" emdbr eWtoRad repwanbMvea nee appkdo n cone MOMstaed nMts account all be a Account' this mum ft 'hit AgwmatwdnoSSaahdbrAceo"AAsapnisnlApamwd ?pleabte)ao not aPPy leay oarerCCaeppied On Bask axauatst you may haw, eL Mw m fn the loose. except as prodded In he AMbalm Provides below. Unless you have entered into a Secury AcowtAssignment Agreement wMn us, ft amount Is usem md. Eaw not somme by ay omrproparb, apneas M to bras many other YOU and we are subject ifb can data/ enbreng any Moe right rota w1ho t berg them. The cod t and remains our popery, and you wig at any One upon mW-L AgrewneM b an aaipse. The aeipresawil iece ourplats undo Ins AgreanaK the gom*A=Wt(efp?x ptiiceble)wdNeSOCU*Ascama anatAgnsen?wne[e(t 10 to ,W or )bearsilidedGptM Bw# Younwpytpssigmeatddhe p perbmi all Myer obgalas u lerfhoa aprwmetts You mayr nMbasferyes ac oor)atd$fcinchtieApwmKtheS@m*AmmM(dappfcahb)ais a se des ejkAgme me twil our HISFOCIVIR strcceswm, sloe and Using Your Account You can mate purehasas and obtain cash advances [[tech advances se an oplow forywur atmmu4 by using yourcar4 amountnunber and any chocia TMWKClscke and ottsAndsc" nMwe my send to you . Addlonelyr, you has request a slip payment an sweet access decks. br tw am" ten dgnib rge you s fen brsucb nerviest Whanw provide you win axairntactys drat s w wN W ywar wMMr nywi be kabd s peur]rases. pelt adraxa or spedel tasters. Unless we ten you afeuwke, 0onveuteruce Clucks wri abrys be treated at ash advances. Wb ray esbbleti dlMtaegeenb foryoraaroun. such s a puehsesegment.acooWvamuceagentsaridaspecMbaleP cagreetEach segment rosy be sayeet b bras and carillons tel are dbrwd far toss ha are Our Willy, tair arya watgiddidrabrof an mount seem d" is Invited to wi it amwW damages ew the easxnt and M to check. NO ad include any mirmsWasils! damages and in no event You ages not b asa the cad oraccouMin mreeclon win cry Internet or iege taMUGeg traocacYws bit any bNarrot or r gwrbGuo tasecloncAl whkAyar engagerlAnecard aaxoirMavarlWetsan?beabysd` bnkAgmeneMadte SxuiyAcamstAstiOmeMAgmesM(d eppGxbio) Your cad and awourt may only be lead brvafd and Iardet purposes. If yes use, or aaghorbesommoneebebse,theantaaIIa it 1, r aymanbbwflminparmbsible pupae, you wig be responsible brash use and may be Mqukrad to raaburse us and MsbuCad International' - F orated 1bn11aCad' or Visa USA. Inc Yea,' as appfabla, or their auaessas ford aacrmt or expenses nMwar fey pay as a nattofwch umiaw Ui a bupariiselife use. In any mint, arty un arkd or i npemissible bamsacfons in which you epege Nigh the card or accout sverlwleas win be subject to ticAgreeontaWisS,Aao ntAtapnwMAge mM(7appieeble).Yes ague Gat w are itot lsyme r ' -to haerymr corder account Iyou bad a p or credf ant or Mow acamrwin s, orsuch an acoum or balance of such an aecaedws tnrelarml to s none Maur MgMs, and you spread to neii he beisa of fre pdm actomtin Ice lam cfymwnew accoua, the new accormt wil amen Grarea chugs from the this net to now acoamt is opened Aute dead Lens am Doti eiWj ra immil lr for the arLamt An arhafzad nap may use a =0 cad, can fequest certain amount WormoSon and an request b be rwwoved from the amount Subject to our dbordoa, an aulodM user may not be able b hllfat certain actors on he account You agree b prwAde s wUi bbrmafon idwNyinp any poems you auhat to b se your account In cl di g their name, address, dab of kern and other iderilift informafon we may request Exchange Rake. If you make a transaction in arteacy Mrs nun U.S. doibrw, VISA IntemalonalaMwbfCwdMenelo afwigcomethedsgeacredd'akaU.S. dolor amount In accadimwinM&operaYy eg orcabetsmnprocedures in elect Mho tae he b umacOon Is processed. VISA Intemdonars regulaio s and procedures provide the Meelue Apes 2.2M5, fie exchange rate beta an the transaction c!"Ficy and the 67np currency used fa processing inlandonal tra , Iorsaether(1)ambredacted byVISAfrom herea?eot aruesio whabgae anncy males ter this appefcffib cerY'M proasemp dab, which rob may ? from cob oVI ram meeker or (2) to govement mandated rate in slat for processing dab. MasterCard brbwaiorars reglakons and r 2) apgouernmeM od main etbct on is day of f he pcentrw processing dado, Cash EWhotentTransectlms I ash advances an an opim for yam amours, you can use your eccigi t b purchase calla hems haw egad as 'cash squiWant basactors.' Al csh equWW tweadons wi be trwsd n ash advaces and wtl be bled b the cash advance sagmentafyur account Cadet egtnvaet bxxsc ens iwcida, miMoatloitdgn, /e padres Moire baste nraey odors, lies, bltery Ickes, Casio ganimp chips and Mgr sessile pales atervics. Notiing In this paragraph wig be inbrpnbd to validate any transaction flat is udawdul or sripenrussibte. Your CmM Limit Your info) =0Inhf WI be dscbsed when your ammird is opened [a aclvab?. der brifafy, or at my bar line. we may eshblri dbtfaotcreditlknis IeMap* to d i emMispmms Myer amount (such as purchases, =0 advances and special bastes). Yew current OVA link wig be dnlid in your perb6o stoomeriti You Was 0a to slaw the behina ofyour sem uat WuGp NO transactions, tome chops NOW DIM 1148 or Chagas), ort the balance of to apple" Segment of your amount to exceed the appiable alt finis. If you have been given to opium to frveaseyour Ought renfbyaddngleft b SeaftAccount (If appiahio).we reserve to dote net to Increase goer credit frdt Ithe addloal laodt are orovilad whin your accountIn W defantt WB may Increase or deemse your credit limits aany time without Wa to voce. may teeeaaii kxaeawa rr dwyaaae- -ie N.V. coo aoigr b again gash advaneos. yye may toner tratsacMens even if those bunsecions resubin an over Miles, and he AdNoW Bereft and Services. From Irm b Imo, we may air you bends and servioae wlm yen account Those l IIIe and services my b i provided bT ut or find parsec Unless speedy madea part of We Agreement and excepts appoolaftAgeeneKaiProvision d are snbr below. my such berieft ad btobo and services viro Into' -1 orwWmbmdsuaaWotwofidddoamrrtksmalledbyw wis mspw2b the brink ad swviae. Wa mays" e1d, a debb bwaMs a arenas May time n aecordarca rlh the brodnres a docuoenlr you recdue. In ad 1, any such 6 ers0 or sww cK 0, eel b you in the mooLOWW weskit of the'%ft b ftmW steal replace ad supersede is Wells at anus nethodbeenoimdbyouInW )xudousm b offtrAidetoBem&,' witroutfrlsr nalce. Except as prortded by appleMe low, waste rot Ifabbe fa burieR service ; provided by fled pates or be eefom or omissions d those Hit! parles. Meting Payments. You promise b peg as and we lade for at amounts due manes tam f ahNsdred use Myer ced or accooK bdu iii g ay inarm charges and oterehargec due trader the tans of f Agreement Payment must be made in U.S. dd w Psymwt made by a chadx, mriborrwwyyod b e a ofwr negotabb InsbrrneM(an IMMI anal be in a bat axepbNe s end be drawn on a U.S trren 1 in skilim. WM mayslowb pgwts and clsreredae and poaedc aaraht Ihevabs ea9 1 l ofyo r ammK wd bdmgeg ad powcipadua gmcbsgmeKbaywaywddmwJ%.AduI balances OnMftiwlhhigI MUftnt)wdbbw racrndperanlageoftVJW4babe tolonceherAPIts. Payownt you real to us a the address for payment stead an yam peiock Ste- wilbe gelled b your aseotmts Mme kakass dy we receive R presided (1) you send the Mmiterm ooupw poriw M F. "rl, sbbpord and yyooturm died in the resistance envelope podded ad (27 your psyment's receAred in our ptooasebp oataby t Gam indicated on parr podock cob hrooK Pbse slow a kaMlve (5) bsbsa digs Joe "M dslo ry. payments received by t "xVdwbmnynotbaaa6Ydasoftoday we room twas Our bumm CmMaaih'fymybeddrMna f fabdieca axaab payment d funds. If we accept a pagmrMata m Dom plow we my delay the emoting of fe ps ymatfrry b f er (5) days. Tits war case you m iota Mepeymad fnea and auldtond ba ce charges, and may msutin your account being decant b be In ddalt Any urination paymnttat is due win be Meted In your pedodc sbbrnmt You Must py a MW go minivan payment due by the deb .lint in your paiodc sW~to avid a Ma payuat fee. Hiwswwr, you maypsy rear ft minkegan do" VA txarGee to be anomor pay ter I , in rot. In any Mo. d duals Ming pedodstoyou rsrry y a tudarica regadlss Mwrhdierm notyourddn wt down amibmw pWmwt des. Wle can amapt bb or pail pa mmK or fns ma ad payrowit in bf aaGwwdar or palasaswhnarequest bap*Ikepaymenno apaGglarnuner,wil boigayoforarightsundertrigAgreement InGrAng our rtglnb receive paymmtm fun. No pywtMsl opermb as an accmdadaafaaclmwwwownwOm LAI- ifw commwrialas eanawrirrp dsprbd aneourns,mrcludnq any clerk a one payraMInMromatfattdceil tin is paywM Iona mpms'pymn ntin flint he amomtmwW orfidb bndesd win Mee omdww orGmlblors a s fed ssfteclon M a dyWed amaurdrmstbe nheied a deNaed b C.apibl one, PA. Box 85010. Ridrmmd. VA 23285'5010. You wl ant neka payments from funds Obtained from inmead orayother aadtaecaatwMhus.f ?aymarbis Made b ay other address, we may soup[ the payment wtFoitloakng cry Of ou TWOOL Wan you amt is drat(.) b make pymeMm your accomt you auteorke us to n dmacmarnsebdmrsckwMabomyawbankaaouMbrtheamuMMMe deck as imedceled by mwericd Agin. Thb aulhWrdm sppfes to al dthecl (s) nceivW by us dudrg is biro pW W evwn if aatby som m ebe, w1w you agaa syour agar and ws prodded writ ten d od ma b edvence. Thk artlrorf elon Is notnstrkbd by tredae onto csd and Inc uds meubudsaas. Wes wl wtbe bmnd by rabkfw bgad orme3& appeabg n tee face ornwaddeofft xwcamMproaafaebcM. "kasfer.yw a lbodar s b mate a doaye a(Iewyour bank aeoout by "Missing the deck, subsimte check, dref a swim usbment. Wemya Wyourremuntas epiwapdebbcorrect arm,moanedieens, rejected debis ad si aaar mate re. We may, in our a* demotion, olbr an axpegad paymeMservies. You am riot mq*W to are fries service. tWsn you autlodze is to prows a demand dal, decma is ACH debtor other empet led psymeM motel for your accent, we may chase you an expected payrneMte in an anount deciesed to you at ft ore of hecoma.Minarenotrspasibieforanyr- , tofhepaymentbyyou depotiby, irsibdon and may rmfn to to in tlu wad ofesh dishonor- If yousheyour amount ntniberaOliver smomlinbmw wbaotherpersono macs a payment b we or to actor your behest, you agree hat we may dsaas your ta acwA agree fiat f yyoousswigbe and process ft payment mommift for strenewmadebyyou. 1* non-payment by suchpaty.inehdkrg etcpedAW paymm nentt tdsum retura psigM payment t lab payment sad over Emit fns tlYe reserve tls loth b muse b accept paymentn you tanager to permit another person to act on your behaf. Periodic Sblement Each modi thetyou have a creditordetT balance of more thanS1 b your amount weagl awl yea a periodic statement as and when required by applicable low. The pemodc sbtementwll shwa al tasastos tied to your accountdukg the tiling period. The Nip period is the time to one skdarreK Closing dft.femgh ad tnCimip ft ned statement doakp dab. The sb bmartclosing done deertaas is commit of aspecifc big period. For exanpie, your Mi sy Nip peOW is fie b1Gp peril with the statement closing date is January. yFinance spat tMtoTMAccount Disdom sor as we 'I as previously you V d red by aDPkable law. Temporary Reduclm in Finance Charge. We reserve the right b notassss any or at Imance4 ages for any given bl'ing period withoutwehdng the right to assess such Inane dupes in a frtore Ming ptwod. 01st Fees and (hags. The blowing fees wB be bled to he purchase segment of you saountand wig be burned as a purchase and appled against your avalabie credit ling. on= otandse speclfed, In awry King priori in which p4mM ey in ire fork payment mdbwi b asawd Ben do rat receive you th stated in your periodic statement (a] an war kM fee Inwig be wed e M the babax of your account for ary segment of your accounQ at wry time daisy tun bang c1de, for any mason, is prowler rear Ilea applicable ahrrporary or pamanad =0 bA (mpaNMes ofrhWw you ward over *A es a m dt of a bummidq Mw Berge or any oba tea a charge, eves r approved chedt ? any now, copying charge; for dtplwle copies transad ion docussafon or periodic steterrhanv will be assessed on a pr basis, unless mgrimd for bfty depse mwkb, (v) a reamed pelahmnt be nil be assamod N, for any reasons ( a dock, draft or sinuor Irediunnrd Is not honored or cannot be procaawQ or ) an dedronic debit is mound unpaid or, , be processed You aulraize s to resubmit oared puymoai< In our dlsomilah. At car opdm, we may amen Ids bt each I= yon PWffdtd it net homed or paid, OUR It s leer letrorod or paid foloeNg msubralWom. Any check drR or sifto isbunad my be Cdkw eledro ic* I mhnre, for inarlfdent or uncoleoad kndc Via may rlmrge ay of leu an or clamp a, or add additW Teas and choral a prwided below. Vb reserve the right b wan aayy of Bess lama ~ prior rollcarmh to We while mantaidrg ourWoo asmacthase bas acing forward. Cash Advmaee Fee. If cob ad mnoms are peralit d for your swoua, a cash advance be bNnce, dregs will be W amassed each inn you obtain a cash advance or rack )Pued Yaw (cow h bh as& iait The mom of to ads eB&W= loo bunco dnange will bs added b oller " , m dams shorn m your pr ock slalmmrd ter hie pulp= d aloddrg to mensal po lovilepe rate for 00 blfng priod. This may cares be annual pocafti a rate disclosed for that berg period b be greater than the annual percentage rte disclosed to you Yembaasfp Fee I applicable, a membeisMp fee will be Imposed in your lest bi priori urlen p cif sftd obawim B de memberhip In is a a and annually. it WE be annum n tai big period n which each eadvers" of the opening of yaw amount cones It to membeahp In is assessed no". I will be assessed n each Msrg pedal. The to will be hied to am podm a segment of your accent arc will be treated a a pwdews end applied against your evagabbcmrHlisl. Mm membership fee will not be refueled, in whole or in pad, men Iyou or wecauxh to a toad. TranshrFee. A fee wA be assessed for each larefa of furele from your account to your Security Account tuna ym request The be will be billed In Ion dab advance sa/rad Of yaw account and will be Imated a a cab advance and applied against your odable ;edit firw. Foreign Tra sedlen Charge. For cab trarsactim made in a country deer than the US, of US. Tonalities, we will assess you a hence clangs se prevlohny disclosed to you as part of l be TIA Amount Dlodossm or as we win dxfese to you if required by applicable low. The be will be based an the U.S. dollar anaoddrie sanseclon. Caft Buns Iafama6m. You agree tot we may obtein l 01 101 about you kom credit reptali aga do; or others st aqr 1ne and use it for the purposes d oonilorilg your craft porlomahce, maaging yaw account and considering you for low aM and programs Serominlaeat The i m; and Cgd*m contained! within iris paragraph apply ody I be hr to 8rxelad shad the rim ammttWll be a marred seemed You ssec a pymmd of be balance of which lawe been the amount and al T al dha amounts The come of ft Agreement and to Meant Asswrmert Agaleneirt you hom A r11p1e?tr IS>a. to Accoou M, all psecially raedaf In tsedhd all that woe paced loco the This am* lideverl Includim, Sam* Amo:ad, any @M ds added to the Swiftly Acaut by ay perm and arty nhmat earned b a enausd plh M Seaely Account The tens of be smelly intern we aft tore In fur Secory Account Assignment AgrauesM you amended. I 0j you detadt or fail b apace by ary of IN terns of bs Agrees mat orl e Sol* Aalounl ASSpsentAoreemfiL M you dose your a courMa (r4 we wroN ymr amount ter ay raison, we may then or t her saw and nitwit Dr cer .1. b you, Qe1d. mr seawly, ihWad by drkrcdrg from your i.a Aeedrd the balance An on )oar account aid el ddNr anamk co" under In come of to Ayaemed and Ira Seem* Acaurl Assignment Agreement War may sum m In riots b maim each dadrdon son Your Secu had pModicaty as we debwnreb be appropriate. fu ? iSeaarityity Account to tdais your accaft Is d=K he person lag* wOW to we will _ mcelve them all remaining Future Olen. The Wm of any Lass offer mating b tun accord will be disclosed In you lime ft hanmoedefay olhav ion s?pecttled n taccap! he opera alter. the arm will becorrN eifeedve we= Default IBh a n our sole discreti on declares default under fin Agmenent if (a)we do not oeeira tN 1tA amaohmt of eery mkimum payment on or before The dale I is due, (b) you exceed say on& tedt or (c) an ill used b maim papa rt an your saronnt is not hemmed or cared be processed, or on electronic debt b crake payment on your accmed is msrmed unpaid or c and to processed. To to cad pemoidef by applicable law, we may aso, in our sole discretion, declare a do** under Ids Agreement it (1) you violate cry of the ether vans of ft Agreement or Security Adxxmt Assignment Agrealmd Of applicable), (2) we have declared you to be In deftull undo on tams of any oft agreement sib us or any of our aRiates, or (3) we determine Uus you made any false or misleading a- I me onyyaro1nr applalon for, of ragedng the use of, be accanrt or gbaw11e attempted lo defraud us, (4) berdnupky or other nmk-q proaedirgpa ar how ow by you a agalrft you or (5) you de or are declared legally incompetent or hicepaialod. At eery foe holoming any deWdt undo Ift Agreement afterwetpve you any nolica or rind In, rum the default. I required by applies e will be su*d b payag narst, finance dmrgn and other teas punawd to be fame of tlrs AyrBeeBlll kndudirg erg applicubla default rice, sash aver any p' rdgrrmtd Is Obteiriot Addilwely, we may, it t our sole option, (nt1 bait or not atkm you b maim arty new purchases or crib tmran dform on your seeourOO), (y) inlasse your mina m payment wile such data as may be required by applicable law or (z) sulood to the bffg*m of applicable law. does your accouno) ad ebmad Immedets payment of the emnfm orsvndrg below pis all ormr amounts owing under Ion terms of ft Toes ?fmSecuriyAkxaatAnspmmrdAgrseweM the exlent pernafed by applicable Imo, you agree b pay us all of our abral court toss, cesmhton a perms and ssorneys fees fwh*w paid b an alowey who is one of our of or an alasey who is not one of our employaea) Incurred by us in the collection day amourdym on us ardr fts Agreement You also agree b pa/ us all of our actual cat fW we nor in mildsving your ode, rrrduda4 my cools we may incurty havig ymeaeeountpvad on a rot Ndiug n bs paragraph dial be tormned to waive or Impede our right to mom arbitration in accordance whh ion Arhitraam Prevbbn below. Account dosum and Sesprmlon of Credit PdvBmpes. (1) VAa may, at any time, will or Without caus,wAna without advacenaice,andregardless. dlmourieresor nw,eA$*nde of a desert under to Alig l caned tun socaad a dior Nmpordly or pernNMn/y suspend your erodit p&ieps undo In Agreenerd. N we owed IN arcoud, you same to immediately destroy all cads and to used saxurht seem checks (2) Year WWm No maim psyneea and your obr oblgaWs code bk Agorrwd will confirm in ktl some and effect aft the account Is canceled or your credit /1110111086 am t o wwbr or pmmmw suspended. Caahlelm Of be amount amft temporary or peon wad ssp mm Of yymourr do* pduf eg wig not dW our seamy kdeost in yea Security Acmerm(lappie>bte) or our rights under ft Searcy Aeeou1rt Assgnment Agrew" Pd appiabla). You an does your account by calling me Customer Rddm department wri to comber bwel on be bad; of your credit card or, I dilarml the number ststed lo your padodc satesaant and requesting an account closure. You aloes to des" d cards and unused account access checks, cancel all peaubwtted bft 005r13 anageanlo and cease using your card and aooou l I you do not aacd ar prey thortio d billing arranparaerds. you and we will consider our rarresget op of a preaullimbd debit lo your alsomad 10 comillarle account Inn use 1wb in carne st uy Account Amigni sdAgmernent(rappleabla).Yoreaccmmtwgrotbedosedundlyoupy all amards you on us under pis Agrsement and Ie Sam* Account Asslpmisrn Agmesmn2 Pf applicable) Including, wgdod imitates, eery puss hue and cab advance transactions you ban aullobvd, fronce derges, isle payment has, mrer sell Bees, mirmed dad: has, reamrd pairuent fees. oft left charged b your accam? You are tansfie; responsible for for charges ad Issue amour whether fey blue been incurred at be fm , you mQred a dome of the 8dmant or risy we barred su sequent In your mrpmet b close fm account. This may react in charges appealing on your ammelt after you ham rags mod to account b be dosed ad, if the account has dreally bean dosed, IN cement wA be reopened on the terns ad Nub In /ails AWames and the Seouiy Account Aadpnnaht Agreement (iappicaft For s marpie, I you sufmrka a pad- from a mordmad and we maim be chap from fur msirhod Am, aeeolmt has been closed, your seemed will be mopermd, am amount of Ion wA be added b your accountant you wA l m mspoasble for psymadunder be Wms of ft Aom mad and Ike Secuq Accmed AWgemod Agmanart (1 applwbb). The membaWdp in or your account will condo b be dual to to sad by applicable ie as described Am. I t mocaunnt reopened, a n balance hu rtbbship be paid in will bye charged 10 to eccoud as sided above. I you, ecbg s to prlowy ardWdr, want to tranlsla a joint a=WdWdeeS or an autroraed uses access Io fre atxxmd, you nun call all G1slDner Rdalotm depwblat old nmiumit fast Mm irAftn. ftmew, You aloe to destroy, li et paaats cad(s) and destroy any amount seem dodo in Imt person's possession. Thee ley be a detey in tun aractive dab of be brrrinsim of riot immods access b the account The amount will be shoved, and you and ay jond accceNuddarwA be responsible, for any charges livough rim use of the card or the account by Iw joint accohsefnolder of sulhodted user that occur prior to In efeefwe dab of ft Nomination awn I On drain do not appear on to account usA a eta time. i you ae unable to dstry Im ON accauHmlder's or adlnrked user's cad(p or b denary 1e unused account acosss chedA in tlet peoorts possession, and you al our Chaoma Relations department: to doss your accouil, yon SUM will be dosed n eel , ,, ace with ion prow d% paragraph. Either you adfor the 0 9 cardholder. I sq. may apply fora new acowmt Cha in Tamers. VPs may add to. momma, amend or damp any pat or provision of Ids Apneuwd, including be Mond r ripe rssa(s) and any charges, (Mdu*p adding new pwjWwa d rim mm aa Afaard adin s 9m existing pfoulsions in aids Apeanrrt) at my Yaw. I we do se, we will ghm you notice of such ammrAxwrt or do" I raqurd by Federal has or VignN tar (to to sided not preenpled by Federal law) utess we had pmmusly Model be cuslow lea be aeco i t would be ageeb to such sammime t at dmnpe rfiout ref e. Notes will be failed b to hunt bAig w*m Ndiaad In our ran* for im aaaus However, no notice will be welled I we preAbrwy had rolled you Ind your account would be subject to such anmdnrM or singe Will note. Chagas b the WMW percenape rate(s) d apply b )War 0611ing amount balance iram fur effKft doe of Im charge, wheMr or not the secant baance Includes trassaefons bled b Ion aceasd bdore be chaps dace and whaler or not you txrrtinne b un to account Chwgss b bu and odor dwoss wA apply to your accent kasi tun eRddive dale dbe cheaga Governing Law. WE MAI(E THE DECISION TO GRANT CREDIT, OPEN AN ACCOUNT AND ISSUE YOU A CREDIT CARD FROM OUR OFFICES IN Americ accordance with VIRGINIA, byrse loAgromord ws of the U to be I Sta of Amin go el iMan? laws of 1ha Caspemwaltlr of wiled pieNrssg;red to eq dais of willa low fulle that woodd cam Ina app than the loam of to Uuded Sades of Amorka or In lidernal ? l laws of fur AACa??meonnelomn b of Virginia to to riot and dulls of Ion pales Thar Vkgna iar : In lifirghda. xprseigad r FedderaN°?W4 by Feft I has I as mind doddda not to enforce a pat of this Agra mart VA Agreement will Aron rod r I Im unemf=I, or kaatd part were not them, but Via remaining parts will moan IN, eAuet Waiver. You webs the fight to roe" oefa of ary wafer or delay or presen marK demand, protest or ddmr and any right you may have to require us In proceed against looter pay before proceeding agaist you. You also weave, ID the exaM Par,, by applicable cow, any saaa of bwWios defense or an additional period dorm equal b the applicable snivfos polled. Lod or $Man Cards or Amount Access Checks I yaw ad(s) or =must access duds are lost or seen or r seememee eke may be esig boh Wit t your pmmbs n, noly to at once by cWhg ft telephone nunfr an be back of your credill can! at, if "in t the Islaphorm show on the ftnt of pedo6c sb>rekmuts, or al w riling s at Ones, P.O. Box 85015, Richmard, VA 23285.5015. You will not be fable in any amount or unaufkorized use of your cads or account access cracks You agree to NA us at once I you charge your name, address, aephone number or aapbyment You agree to give us wdUwr noll of ary change in your betray address at less 10 days before the drag,. Changes may be widen in to spas provided on Ire remiltance coupon por/an of your pedodc nsersent or may he sent to be blowkg address: Capital One. P.O. Book 85015, Rihnond VA 2328& 5015. I your somunt Is a At account or I more am one poach is pemphd to use ft, you ogre fast all notion regarding In amount may be sent ad* b be address sham on our bang recede. CmmuWcad ns. We may release nomafm b obey rapadrhp the saris or blow of your account a ad ferb in Be Capital One Privacy Nolk, a copy of which has been provlded to you. Vie may make " des of god pads in cwmKdm with Maintaining and collecting your amaurut ad you sulbaft aria pdd pefs to roans ifomefm about you to Lc M or our mpnmemilvs may contact you from are to term regarding the accwK or Is ask for addtoW n shad you a your expefbrce wile Capita One. You spree bat such maters are not usalic ed, are not brdled arcyt a expressly regdrd by apOim* cow and may malt tan contact iulonn don you has pnavlded or bat is oobbWWned from other sources. For example, we may caned you at your home or place of ar pbymeal long weelmMs or holidays, on your amble telephone, vocsWl or mosedmg machine. and by asst,.fac, recorded message. WA msaege or persons Ait Except as restdded by applicable few, we may nw&r or resod any calls we make or receire, suppress caller ksmilcafim services and hue a aulomakd daicg a d arvow" devke. ARBITRATION. PLEASE SEE ENCLOSED 'ARBITRATION PROYL41ON.° PLEASE NOTE THAT THE TERMS INCLUDED IN THE ARBITRATION PROVISION ARE PART OF YOUR CUSTOMER AGREEMENT. 0 20f1S CapiaE One Senecas, Inc. Capital One Is a federally registered service mad. AN rights reserved D31&17-M M-75733 ARBITRATION AGREEMENT IMPORTANT! THIS ARBITRATION PROVISION IS A PART OF YOUR CUSTOMER AGREEMENT YOU am we aw ft either you or we may, at althar sole denim, regdre that any Clam (as defined below) be istived by binding arbitration. IF YOU OR WE ELECT ARBIM' nM OF A CLARE IETf1ER YOU IIOR WE WILL HAVE THE RIGHT TO THAT CLARI N COW OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE N A CLASS ACTION! I AMY O1HER COLLECM OR REPRESBFWIVE PROCEED=. El i AS SET FOW MM THE ARBRR1 MI DECMM WILL K FINAL. AM MM. OTHER RIGHTS THAT YOU WOULD HAVE E YOU WETIT TO COURT. BICUMM THE FKHT TO CONDUCT MCDVM OR TO APPEAL. MAY BE LMM OR IRNWULASLE HR ARBRRATiOH. THE FEES ASSOCIATED WITH ARBITRATION MAY BE HIGHER THU THE FEES A38MATTD WITH COURT PROCEEDINGS. p8p?papcoissel of Beffedumea; for aft 0 P.- Fels arbi'ltafon prmisim ('AabiadaU Prat law. For tThe he foiowfng defn" shill appy in addf m to the definitions sal HoM in your Customer Agreement r rWWARlr): 'Clem' mmns any claim, cndroversy or dispute of any Idnd or nature behmen you and us. A TW deftidw axfude% wooof knNaelont any Clem Met in • Mee Agmennnt am wry all is beets (Including arty prior agmenaits between you and us or behom you and any other emby from which we acgndred you aocoonQ • this Addramon Provision (including whefna any Claim is subject to arbitration) • the atabislvmmad, operation or lemkhdion of your axwot azaryy?1?YGosees, adverlisermft pramdias Of other camruaalimns • D , b yaw amain, wheel ell bay ocamed before or filer your amount was *period • any transactions dtempbd hafisaClianinvolving yell account • any biting of ceAedios main refaWg to your at0ars •aypodYgol" i tas(ndirdngwPvolsorcrix laymnasaat • any goods or senias dinged to your accuad • arydrlhias or odwr charges assessed to you amont a calculation • any products, services or bmft ppmropprams relaad to or offered IN eoniweborr with you account (ku kdIng any iradrace. debt eanaNatan at mended service comadsard any programs. rebass. rawads, sweepataLws. membwenbs, thimmle or wows) wh*0 or not we offered. introhcad, sold or provided gam • our Tempt use ordiscbwmdaryirdamotiah5boutye ayouaccout • any other maths mbmg b yon acwt a you mldkavddp wth us. B. Tips dethiAron &in o nclades, wiNNioat ImAllaa n, NW Chun. • Mo caetotrci?drh aoe?ddlem is broughor 0 as an Indian I wPI dint o tdid "tdakn) • based on any theory of raid or dat[ages (ndudba money damma?s aralory and ay lmaw of ?pecdk perlomhatce of njuncthrie decl or Ober equtabte ml, • based on ay teary of taw or egdly ¢nchdinli mrtract IaC Iraud, ceiaslthuioe, sleule, ngubion, na or won acts or ahissions at ay W wlaetlher negligad mdrbss or One) • made bvvou or bvanome connerded wtlh you or cLimbag through or • now in eeieahce or That hey aria In ft futum, regardless d Mherh the fads and eimamstaices bmt give rise to Sit CWm occurred a when fit Claim accrued • Matisse part otadass edbrm, prhreleafOrirey general action, or other epresmplire or cofecave action which Clam shall proceed on an ndmduat basis as set loon more fully in this Arbitration Provision. Arbitration Admlatstrators. One of the 101100ngp lubdrdion administrators rAdmoftialot a. cdbctiely. 'Administrators') will a rninisler the arbilration: JANIS 1920 Main $t., Sre. 300 by ne, CA 92614 wwtiv.jarnsadr.Com Amerkan Actiibolion Assn 335 Madison Ave., Floor 10 New Yak, HY 10117-4605 ivww.adroy Rabaul Arbitration Foram P.O. Box 50191 Mineapolis, MN 55405 www.arMUdhonNomm.can You mry contact of the AdminisL2tnrs to obtain ifor atim abort abikd on, arbitration rules and proattio , fee schedules and Claim forms. ProcNares and Law Applicable In ArbBmtloa. Tlds Arbihahm Provision is mode parsuarl to a transaction involving interstate commerce and shell be governed bWy asi ebrmabt8 under vie Federal Arbitration Ad (the 'FAAJ. Quedio s abed wheNar ally Claim is subject to erbiratim shelf be resolved by itsippee" kris Arbitration Provision in the broadest way t mao be afacad. cor st nt wM ft FAA adIbetermsdtipsArb Provision. ThearbbalarSoltapply suueadie taw cohsaleit welly No FAA end' appliraWe sbdules of Ihndail but the validity and enlonommil of any class actim warier msipd pr,wiiim rot an ab7iabr, to is a Wation for a card not da de ' The eiWfdor mqf, aawd wry bariapes or tlf mid lamented by applicable substantive law (d! will not have power for newaw Se: emmbrrtabRly or xw?abiiry of the pr>pmpfi Ho Candrdtim or Joinder d Parues,' bekw but Wnurd a II ddantiia the rgHS at ddipdions of only the Rand Padova said only w4bb respect. Claims in arbitration. The rules andpropdhae of the Administrator. which yon may obtain from the Admleishsbr, shall govern the arbiatrora hnbss Say motlict web INS 16'bitreion PrwaasioA< n vsadh care this Arhimfon Pmvisinn will apply. The aoihda will not be to, the bound federal,stab and Ibis k1lidnatim Provisia shall not be or lad miss of procedure and evidarace Sat would Voir in any court, or to state omay r local Ian that ralae to srbt it ti having ?t yyoou afeent mve - wilt (rLe14 at a fora in the hderal o dtdal district cin kids you IasFdno wn titling address or at some olwge place upon which you and we agree You or we be represamit! counsel. N will did. d prMkpe remgdrdeudor we do er applicablis We and war use baiha a bed clods b pram confidential nlomntidm (including & at* to use of pidectlve ordw# The arbiLabr will make ally cram in writing ant at the Ifinely requed of aft party, will provide a written s6Bmad of reasons for the award. Co ft The party imiming arbdrdlon will pay the initial iI lee You may seer a waived the Wttal Fleif in err: Of fu AdmkdslQbft altar fits 'AdininBkdoR Fecoda ay applicable ndesdfm iymissakbddo ?layfotawaNer,we will consider any w lm request by yam la us to ppayay or ndnmbnese YOU for all or pat of the Adminial de's Fees Vk alsoMi pay or rdndase you frem for A or part of ft Is good maon for use lo do so. Nle will pay any teas aid cats we am required to pay by law. Oliserwim and acept as "AM in In Agmenndt, ya and we will bear all of our respective teas and costs purl ding fw AdidiKtralak Fes and fa taws and ads ?b OM WA expects amwilases), gidless of wbo paw d lam ad cats reatbg loappedssln all on will be herded b vie sane Manner. No Coaealltatbn err Jobndw of Pa ft. The amblmaim of any Claim most proceed on we Individual bads, am S the Clem has been asserted In a ooat as a class act=t= gam" action a oft Mixeenialve or care parties Camels, mreRma yam nor we may join. co sol'dab or o0mvise bring Claims related b two or rare accounts. ha lMdals or arrnunlniders in the same addration. Also, unless all pates consent, oeftr you nor we may pursue a class adton, pdv le MM general actin or atlas mprosaihaill or collective adbn In arhfmdim, nor may you or we pursue such aoft in Court ianyperryhaselerttdahkralIamyouVdl rat have the right to atlas a doss fWaser derive or participate as a mnemha of a class at claimants with respect to any Clam as to which arb[rdtie has beet uduhCled. Jedgmeal. Eafercemul, Fine nil Appeal. The arbha ers decision wN be lbdad bbdbg altar Moen dip inlets you awe seek all appeal at the awed by making awrifen must b Fete Ad irddrda. The eppcd parrs. which will CM313t elf re arbibatirs, vat conside all leCbd am legal issues Sam Val conduct the appeal in ton same ranrer as the arblu dm wad wit rrdae dreisiorn based on to rob of tan majordly. The pavers derision oval be font and binding. Any final deotsiondtwabitrabrordtla panellssubject toju&W review only as sal forth under tlin f k An award in arbitration well be adaceabfe under the FAA by any court having jurisdiction. Mkc dln s. Watvae. SevwMMty, 8amhral. [ you or we do not deed abbdfon or otherwse enforce this Arbitration Provision in Connection whim any panlabr Claim you awe grin net wave any rghts to require arbitration h connection with Mal or any dher Cbtm. Tt+s Aibdrat n Provision strati survive: () suspension. termination, rr,oonb0. closure of ckages o hisAgreemet, your account and your relationship *0 us: (i1 eras bankruptcy or irisolvmcy of any paby and (n) any transfer of you account, or any amounts owed on your account, to any other pens or eel y. It any porfm of ass Arbitration Provision is dawned arvalid or unrdacwble, the remavirg porfrns of this Arbitratta Provision shall nevertheless retain hOd and in lore. In One evear of a conflict or k msistmrXr baasan ft Arbimfion Provision and the other provisions of this Agreement or any prior agreement. [his kbibaion Provision slid fern- A photocopy or other image of [ms Agreement and related dmameris may be used in place of the o iginals for all purposes including litiga[on 0 2005 Capital One Service, Inc. Capital One is a tedemty regMered services nark. All rights mservaQ. Election and bfikdlm of Arbitration. You or we aoy elect a lrAm under this Anbtratlon Provision with respect to any dam, even it the Claim its part of a tarsuk brought in COWL You or vii nay maim a mom or request In and to compel arbitrallm at any Claim nrouaht as tart d any mvsuL We wR rnt deed erWbA abkmhon of sty Chen bmpbt in a small claims court (of Um IOdvilled), so log as th Cbnm romans in that court is made ad* on bemall of an individual or joint account holder and is at made as put of a dam action, prime attorney general aclhon or dhs representative a collective action. You and we asst follow the odes d the Adrddsedos to Inkbte arldtratian. n you bidfale arbitration, you nwy choose one of the. Adrddshaturs, and you rnuor mall us any notice required by ton ARtiiserdor to P.O. Bar 85550, FkhmorA A M285,1? . I we loidefe abkrafion, we will dhow ire of the Administrators, and we will ma l you any notice requited by the Admfrkstialor b your last-Imo in b4lig.address. It we have indwo arbitrdfon, we will change the hordrostrdor d your request d you a" us in wrdvig at the above <UUc?v *4-1 npeeu Wyo Ui Uie. ibie W Mil rikiCt ere k W ya, U1 cow initiation of arEhLration. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?a??ttt: ni ?umbcrr??l6 sue{ .7`--. CUFF E c --F $-kRIFF F11-ED-0, FIGS ?-, tr- ,7r;ter i't.w r "?JT?SOI??Tt1?t, R, 12 FED 12* 22 aJ PENNSYLVAN q TY Capital One Bank (USA) vs. Blaine Kimball Case Number 2012-484 SHERIFF'S RETURN OF SERVICE 02/09/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Blaine Kimball, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Blaine Kimball. Request for service at 825 Club House Drive, Mechanicsburg, Pennsylvania 17050 the Defendant was not found. Deputies were advised, Blaine Kimball was the previous owner of this residence but has not lived at this address since 2007. SHERIFF COST: $43.45 February 09, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ;Cf G-Unty."SLAP Sher ft. I eiecsott, hoc. CAPITAL ONE BANK (USA), N.A. 4851 COX ROAD GLEN ALLEN, VA 23060 Plaintiff vs. BLAINE KIMBALL 1149 PHEASANT DR N Carlisle PA 17013 Defendant In the Court of Common Pl.e Cumberland County, Per A,-S Civil Division pEx>KSYLVA?IA NO: 12-484 CIVIL TERM Praecipe to Reinstate Civil Complaint To the Prothonotary of Cumberland County Pennsylvania: Please enter the above Praecipe to Reinstate the Civil Complaint. Thank you, Michael F. Ratchford, Edwin A. Abrahams Lawyer ID # 862857 & Associates, P.C. 0 ? 00 ? 1 g 7C? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith orttr o1 ?a?r't?t??¢ Chief Deputy Richard W Stewart Solicitor , Capital One Bank (USA) vs. Blaine Kimball SHERIFF'S RETURN OF SERVICE 4: { IH It2' ? : Z JUL 23 AN 8: 3 3 CUMSERLM4U (;UUt4I- PENNSYLVANIA Case Numbe 2012-484 07/16/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent se rch and inquiry for the within named defendant to wit: Blaine Kimball, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Blain Kimball. Request for service at 1149 Pheasant Drive, Carlisle, Pennsylvania 17013 the Defendant was not found. The Carlisle Postmaster has confirmed, Blaine Kimball has moved and left no forwarding address. SHERIFF COST: $39.00 July 17, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-Or F ICS' Sheriff o-,<,��ti�t�ett�brrtd Of-- THE F'FdOTHflNOTA;`I` Jody s smith Chief Deputy 2013 MAR 1$ AM 9: 57 Richard W Stewart ° Solicitor r� OFFICE OF CUMBERLAND COUNTY PENNSYLVANIA Capital One Bank(USA) N.A. vs. Case Number Blaine Kimball 2012-484 SHERIFF'S RETURN OF SERVICE 02/21/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Blaine Kimball, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Lancaster, Pennsylvania to serve the within Complaint&Notice according to law. 03/08/2013 The requested Complaint& Notice returned by the Sheriff of Lancaster County, the within named Defendant Blaine Kimball, not found. Deputies spoke to defendant's parents who informed them that the defendant moved to Tennessee Two years ago. Mark S. Reese, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.45 SO ANSWERS, March 08, 2013 RONNY R ANDERSON, SHERIFF is CountySulte Sheriff,Teleosoft inc. SHERIFF'S OFFICE OF LANCASTER COUNTY Mark S. Reese � ;� Brad Harris Sheriff ! r Solicitor f Charles Hamilton Marc Lancaster - �, Chief Deputy Lieutenant CAPITAL ONE BANK(USA) N.A. Case Number vs. BLAINE KIMBALL 2012-484 SHERIFF'S RETURN OF SERVICE 03/01/2013 09:59 AM- DEPUTY CHARISSA LEPPLER, BEING DULY SWORN ACCORDING TO LAW, ATTEMPTED SERVICE TO THE DEFENDANT, TO WIT: BLAINE KIMBALL AT 2071 THOUROUGHBRED LANE, LANCASTER, PA 17601. THE DEFENDANT WAS FOUND TO HAVE MOVED. SPOKE WITH DEF PARENTS IN LAW WHO STATES DEF MOVED TO TENNESSEE TWO YEARS AGO. �AMJ4;Mw�� CHARISSA LEMPLER, DEPUTY SHERIFF COST: $47.15 SO ANSWERS, March 04, 2013 MARK S. REESE, SHERIFF COSTS DATE CATEGORY MEMO CHK# DEBIT CREDIT 02/26/2013 Advance Fee Advance Fee 02646 $0.00 $150.00 02/26/2013 Receiving,Docketing&Return $9.00 $0.00 02/26/2013 Service $9.00 $0.00 02/26/2013 Affidavit $2.50 $0.00 02/26/2013 Deputy Time $10.00 $0.00 02/26/2013 Copies $6.00 $0.00 03/01/2013 Service Mileage $5.65 $0.00 03/04/2013 Not Found Return $5.00 $0.00 03/04/2013 Refund $102.85 $0.00 $150.00 $150.00 BALANCE: 1 $0.00 Plaintiff Attorney:EDWIN ABRAHAMSEN&ASSOCIATES, P.C., 120 NORTH KEYSER AVENUE, SCRANTON, PA 18504 icli Cnumy$u t SIvnff Tpleosoft hrc CAPITAL ONE BANK(USA),N.A. In the Court of Common Pleas of Plaintiff CUMBERLAND County,Pennsylvania Civil Division VS. NO: 12-484 BLAINE KIMBALL Praecipe to Withdraw Civil Complaint 3 511 REFUGE TRL Thompsons Station TN 37179 Defendant PRAECIPE TO WITHDRAW To the Prothonotary of CUMBERLAND County Pennsylvania: Please enter the above Praecipe to Withdraw the Civil Complaint. C= Thank you, °` Co C2� -r f ° - C-') -Z ry a Michael . Ratchford,E uire r ; Edwin A. Abrahamsen Associates, P.C. Lawyer ID# 86285 120 N. Keyser Aven Scranton, PA 18504