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Home My WebLink About12-4082Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: 757-518-0860 Attorneys for Plaintiff OF THE I ROTH JUN 29 41110. S5 rY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff V. DOUGLAS D HENDERSON 8 W GREEN ST SHIREMANSTOWN PA 17011 Defendant NOTICE No. You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action withing twenty (20) days after this Complaint and Notice are served, by entering a written appearance, personally or by an attorney, an 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 of any money claimed or any other claim or relief requested by the Plaintiff. You may lose money or property 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 HELP. THIS OFFICE CAN PROVIDE YOU WI INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service - CUMBERLAND County Bar Association Court Administrator 's 32 South Bedford Street 410 7-5-f Carlisle, PA 17013 . (717) 249-3166 ?=# Pennsylvania Lawyer Referral Service (800) 692-7375 -7 7 3 r?9 t?bj q This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: 757-518-0860 Attornevs for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff No. V. DOUGLAS D HENDERSON 8 W GREEN ST SHIREMANSTOWN PA 17011 Defendant NOTICIA USTED HA SIDO DEMANDADO/ A EN LA CORTE. Si usted desea defender conta la demands pues en las siguientes paginas, usted tienen que tomar action dentro veinte (20) dias despues que esta Demar. y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogadlo y archivan por escrito con la Corte sus defensas o obejciones a las demandas puestas en esate contra usted. usted advertido que si falla de hacerlo el caso puede proceder sin usted y un juzgamiento puede seir entrado coj usted por la Corte sin mas aviso por cualquier dinero reclamdo en la Demanda o por cualquier otro reclai o alivio solicitado por Demandante. usted puede perder dinero o propiedad o otros derechos importante p, usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSGUIDA. SI USTED NO TIENE ABOGADO, VAYA O LAMME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFIC A PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE INFORMACION ACERCA AGENCIAS. QUE PEUDAN OFRECER SERVICIOS LEGAL A ELGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Lawyer Referral Service - CUMBERLAND County Bar Association Court Administrator 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Pennsylvania Lawyer Referral Service (800) 692-7375 This communication is fro ri a debt collector and is an attempt to collect A debt. 'Nny information obtained ? ill be uscd tar that purpose, Y • Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: 757-518-0860 AttnrnPv% fnr Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. : Norfolk, VA 23502 : Plaintiff No. V. : DOUGLAS D HENDERSON 8 W GREEN ST SHIREMANSTOWN PA 17011 Defendant COMPLAINT Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 140 Corporate Blvd., Norfolk, VA 23502. 2. Defendant DOUGLAS D HENDERSON, is an adult individual with last known address of 8 W GREEN ST, SHIREMANSTOWN PA 17011. 3. It is averred that Defendant was indebted to CAPITAL ONE BANK N.A. on March's, 2005 account number ************6448 (hereafter referred to as "Account"). A copy of the account history is attached here to and collectively marked as Exhibit "A." 4. By using the Account, Defendant agreed to repay any incurred balances and/or charges made to the Account pursuant to the terms and conditions governing said Account. Failure to pay Defendant's incurred charges on the Account is considered a default. 5. At all relevant times material hereto, Defendant has used said Account for the purchase of products, goods and/or for obtaining services. llws corns-runicrttion is from a debt collector tid is an attempt to collect a debt. :1ny 61fiormation obtaMed will be used four that purpose. 6. Defendant was provided with copies of the Statements of Account showing all debits and credits' for transactions on the aforementioned Account to which there was no bonafide objection by Defendant. 7. Defendant was in default with respect to that debt for failure to make the required payments on Account. The last payment made on this Account was on October 23, 2010. 8. Plaintiff is the purchaser, assignee and/or successor in interest CAPITAL ONE BANK N.A. Plaintiff is now the holder of the Account. A true and correct copy of the affidavit is attached hereto and collectively marked as Exhibit "A." As of the date within Complaint, the remaining balance due, owing and unpaid on Defendant's Account, as a result of Defendant and/or any authorized user's use of said Account is in the sum $1,259.24. 10. Despite reasonable and repeated demands for payment. Defendant has refused and continues to refuse to pay all sums due and owing on the aforementioned Account, all to the damage and detriment of the Plaintiff. 11. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. WHEREFORE, Plaintiff respectfully requests this Honorable court enter Judgment in favor Plaintiff and against Defendant, DOUGLAS D HENDERSON, in the amount of $1,259.24, plus costs action and any other relief as the Court deems just and r s nable. Robert N. Polas Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 11-97840 This comirrwiication is from a debt collector and is an attempt to collect a cleft. of ,nv inforination olztainecl will be used for that purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Mary L. MOOre hereby states that he/she is authorized to take this verification on behalf of said Plaintiff in the within action and verifies that the statements made in the foregoing Complaint are true and correct to the best of his/her knowledge, information, and belief, based upon information provided by the Plaintiff. The undersigned understands that false statements herein are made subject to the penalties of 1 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Date : JUN 14 2012 By Mazy L. Moore Custodian of Records 11-97840 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. l EXHIBIT A This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. i PORTFOLIO RECOVERY ASSOCINrES, LLC 140 Corporate Ooulevard Norfolk, Virginia 23502 Telephone: 1-86428-8102 Fax: 1-75 518-0860 Statement of Account Account: ************6448 DOUGLAS D HENDERSON Account Holder: DOUGLAS D HENDERSON 8 W GREEN ST SHIREMANSTOWN PA 17011 Consumer Account Product Code: VISA Issuer: CAPITAL ONE BANK N.A. Assignee: Portfolio Recovery Associates, LLC Account Number: ************6448 Date Account Opened: March 5, 2005 Date of Last Payment: October 23, 2010 Date of Charge Off: June 18, 2011 Balance at Pui ? ase: $1,271.87 Purchase Date: July 18, 2011 Balance at Charge-Off. $1,259.24 Less Payments: $.00 Balance Due: $1,259.24 11-97840 CAPL64 This communication is from a collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. AFFIDAVIT State of Virginia City of Norfolk ss. I, the undersigned, Mary L. Moore , Custodian of Records, for Portfolio Recovery Associates, LL ' hereby depose, affirm and state as follows: 1. I am competent to testify to the matters contained herein. 2. I am an authorized employee of Portfolio Recovery Associates, LLC, ("Account Assignee") which is d ing business at Riverside Commerce Center, 140 Corporate Boulevard, Norfolk, Virginia. I am familiajr with the p licies and practices, as well as the books and records of Account Assignee with respect to the matters stated herein. This ffidavit is based upon my personal knowledge of Account Assignee's record keeping system and my review/ of Account Assignee's records, including a review of the business records transferred to Account Assignee from CAPITAL ONE BANK N.A. ("Account Seller"), which have become a part of and have integrated into Account Assignee's bu iness records, in the ordinary course of business. 3. According to the business records, which are maintained in the ordinary course of business, the accoun , and all proceeds of the account are now owned by the Account Assignee, all of the Account Seller's interest in such ac ount having been sold, assigned and transferred by the Account Seller on July 18, 2011. Further, the Account Assi ee has been assigned all of the Account Seller's power and authority to do and perform all acts necessary for the settlement, satisfaction, compromise, collection or adjustment of said account, and the Account Seller has retained no furter interest in said account or the proceeds thereof, for any purpose whatsoever. 4. According to the records transferred to the Account Assignee from Account Seller, and nl 'intained in t e ordinary course of business by the Account Assignee, there was due and payable from DOUGLAS ID HENDE SON ("Debtor") to the Account Seller the sum of $1,259.24 with the respect to account number (************644 ), as of June 18, 2011 with there being no known un-credited payments, counterclaims or offsets against the said debt s of the date of the sale. 5. According to the records of said Account Assignee, after all known payments, counterclairjns, and/or occurring subsequent to the date of sale, Account Assignee claims the sum of $1,259.24 as due and owing as of this affidavit. (PNtfollo Recover Associates, LLC By: Mary L. Moore, Custodian of Records JUN 14 2012 sworn to before me on of 12012 11 Jason Vita Commonwealth of rginla Notary Publ'c Commission No. 7509710 My GOmmisslon Expires 113112015 the date Hiss communication is from a debt collector and is an attempt to collect a debt. Any iXtt6rination obtained will he used for that purpose. Cal. i One, N.A. 15000 Capital One Drive Richmond, VA 23238 MLMV( Exhibit 1 to Forward Flow Receivable Sale Agreement dated June 30a, 2010 BILL OF SALE Closing Date: July 18"', 2011 Capital One Bank (USA), National Association ("Seller"), in consideration of a Purch Price of $ and other valuable consideration, the receipt of which is her, acknowledged, hereby sells, assigns and transfers all right, title and interest in the Accot identified in the Sale File entitled 20110713.PS55CP.SLDFLEI.TXT (which' may be electronic form) to Portfolio Recovery Associates, LLC (`Buyer"), without recourse representation except as expressly provided herein or on the terms, and subject to the conditic set forth in the Agreement (as defined below). This Bill of Sale is delivered pursuant to that certain Forward Flow Receivable S; Agreement, dated as of June 30`', 2010, by and between Seller and Buyer (the "Agreeement"). capitalized terms used, but not defined, in this Bill of Sale shall have the meanings assigned such terms in the Agreement. The Cutoff Date for the Sale File was July 13t, 2011. The aggregate Unpaid Balance the Accounts as of the Cutoff Date was 1 CAPITAL ONE BANK (USA), NATIONAL ASSOCIATION By: Name: Jonathan Stalls Title: SVP CA P«4 s r if you cannot make your minimum payment, but can pay at least $63.00, call us at 1.800.955.6600. Your account will not fall further behind, even though it will remain past due. DOUGLAS D HENDERSON visa Platinum NEW BALANCE $1,153.55 i.l i Credit Limit: 51,000.00 Available Credit: $0,00 Previous Balance 51,101.61 ' - 500308 IT'S STILL NOT TOO LATE. Your account is unusable. Please pay the amount due on your statement by the due date. Remember we're here to help! Let's work together to find a solution that's right for you. You can make a payment with our free check by phpne service or speak to an associate by calling 1.800.955.600. 0 2009 Capital One. Capital One is a federally registered server mark. All rights reserved. Page I of I 1-800-955-7070 -- - - - _--, www.capitalone.com Mar. 18 -Apr. 17, 2011 31 Days in Billing Cycle j i MINIMUM PAYMENT WARNING; If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balwoe. Fa example: XXXX-XXXX-XXXX-6448 I Payment Amount Each Period R No Approximate Time to Pay Off Estimated MINIMUM PAYMENT DUE DATE Additional Charges AmMe& Statement Balance Taal Cost $311.00 May 14, 2011 11 Minimum Payment 8 Yeas Et ,973 j K you would like information about credit counseling services, call 1-888-376-8055. PLEASE PAY A- LfasT. 7115 AMOUNT - LATE PAYMENT WARNING: If we do net receive your minimum payment by your due date, Cash Credit Limit: 51,000.00 j ?ou may have to pay a late fee of up to 135.00 and your APRs may he Increased up to the Penalty APR of 79.40%. Available Credit for cash: s0.00 Payments and Credits Fees and Interest Charged Transactions New Balance 40.00 + S51.94 + ( 5000 _ S1,15355 i I you cannot make your minimum payment, but cart pay at least 563.00, Cal; us at 1.80C.955.66(IC. Your accourt will not fail further behind even though it wilt remain past due. Keep i0 mind, you're behind by five payments. If you continue to miss payments your accounts at risk of being charged off. Please donl let this happen. If you fee' overwhelmed, give us a call. We ii work with You to resolve this matter. TRANSACTIONS PAYMENTS, CREDITS b ADJUSTMENTS FOR DOUGLAS D HENDERSON #6448 FEES 1 14 APR PAST DUE FEE $35.00 Total Fees This Period $35.00 Total Fees This Year $140.00 INTEREST CHARGED INTEREST CHARGE. PURCHASES S16,94 Total Interest This Period S16.94 Total Interest This Year $61,61 Transactions continue on page 2 Help is Available. Just pick up the phone. Call 1-800-955-6600 and a specially trained agent will be happy to help you check your balance and make payments. INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Annual Percentage Balance Subject to Interest Charge Rate (APR) Interest Rate Purchases 17.90%0 51,114.27 816.94 Cash 24.90% D 50.00 50.00 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE. 1 Account Number: 448 Due Date New Balance Minimum Paymen mots ndased May 14, 2011 $1,153.55 $311.00 PLEASE PAY AT LEAST THISAMOUNT DOUGLAS D HENDERSON 8 W GREEN ST SHIREFITTOWN, PA 17011-6515 11111111111111-1.if 111111111111hill II•IIIf 110If 111111...IPrL1 448 17 1153550074000311002 Take advantage. Take control. Manage your account online at www.capitalone.com Make payments Review account information AQ Manage your account in privacy 400006 Capital One Bank (USA), N.A PO Box 71083 Charlotte, NC 28272-1083 111 -1 if 111.11.1111111i,Ilu11..11.1.111.4-11I11111,IN1 Please make checks payable to Capital One Bank (USA), N.A. and mail with this coupon in the enclosed envelope. . yaw n,&Net?. tow can I amid paying interest chard Each month yog pay your "New Balance" in full, you will have a minimum grace period of Z5 days with no interest charge on all new 1) purchases, 2) balance transfers, 3) special purchases and 4) other charges. t you have been paying your account in Lull with no interest charges applied and you do not pay your next bill m full, prorated Interest charges will be assessed. There as no grace period on, cash advances, special transfers, or on any new transaction when there is an unpaid balance from a previous bill. Now is the interest Charge applied? Interest charges accrue from the 1) date of the transaction, Z) date the transaction is processed or 3) tint calendar day of the billing period. interest charges accrue on every unpaid amount until it is paid in full. This means you may owe Interest charges even if you pay the entire "New Balance" one month, but did not do sofor the previous month. Unpaid interest charges are added to the proper segment of your Account However, we reserve the right to not assess interest charges at any time. 00 you assess a Minimum Intemo t Chang Yes. A minimum INTEREST CHARGE of 50.50 will be assessed for each billing period your account k subject to an interest charge. How did you Call a the Interest Charga7 There are several calculations that are used to determine your total interest charge. 1. To gat your Daily Silence For each segment, 1) take the beginning balance and add in new transactions and the periodic interest charge on the previous day's balance. Z) Subtract any payments and credits for that segment as of that day. The result is the daily balance for each segment. However, it you paid your previous month's balance to full (or If your balance was zero or a credit amount), new transactions which post to your purchase or special purchase segments arc not added to the daily balance. Also, transactions that are subject to a grace period are not added to the daily balances. 2. To find your Average Daily Balance 1) add the daily balances together and 2) divide the sum by the number of days in the billing cycle. 3. Estimate your Total Interest Charge: 1) multiply your average daily, balance by the daily periodic rate and z) multiply the result by the number of days in the billing Mod. NOTE: Due to rounding or a minimum interest charge, this calculation may vary from the interest charge actually assessed. How can my variable Annual Percentage Rate (Pelf) change? Your APR may increase or decrease based on one of seven standard indices reported in The WaH StreetJournal. To find which in clefs rs used for your account, look for a code (P, L, C, S, D or F) on the front of this statement next to the AFRfs). Then check the table below: Case next to your Annual Percentage Rate (APR) Index wttlch your rates are based on Whet your nual Percentage Rate will ahartge p Ouaterly Prms, margin previouslydiccbsed to you = Thefintdayofthe L Ous y LIBOR a margin previously disclosed to you billing periods that C Ouaitsrly CO +margin previously disclosed to you end in January, April, S Bonkcard Prime + margin previously diackrsed to you July and October. D MoMhlV Prime+margin previously disclacado you Thefietdsy Weach F Monthly LIBOR + marg. previously disclosed to you monthly billing G Treasury LIBOR +margin preveouely disclosed o you period. Are then Additional Fear as Ciated with my account? Yes, under certain circumstances, you may be assessed a Late or Returned Payment Fee. You may also be charged overlimit fees t pegnrtted by law We reserve the right to not asses fees without prior notice and without waiving our right to assets a semllarfee later sow can 1 Close Nor Accoum7 You may close your account by calling or writing our Customer Relations Department. At that time, we will provide additional details including payment information t you use your credit card or charges post to your account after you ask us to close it, we can keep your account open To avoid paying any applicable membership fees, call to dose your account prior to the end of the cycle in which it is scheduled to be billed. What happens t coq Account is Suspended? we may close or suspend your account and your right to obtain credit at any tome and for any reason, even if you are not in default Account suspension can be permanent or temporary. If your account is closed or suspended you must 1) stop using your credit card and account, 2) cancel all automatic payments, 3) destroy all credit cards and access checks, and 4) pay all amounts you owe us, even if they were charged after the account was dosed or suspended. How do I Make Paynerlts7 Payments you mail to us will be credited to your account as of the business day we receive it, as long as. 1) you send the bottom portion of this statement and your check in the enclosed remittance envelope, and 2) your payment is received in one of our processing centers by 5pm local time. Please slow at least (7) business days for mail delivery Mailed payments received by us at any other location or in any other form may not be credited as of the day we receive them Do you Process Paper checks as an Electronic Funds Transfer? When you provide a check as payment, you authorize us and our agents either to use information Irom your check to make i one-time electronic fund transfer from your deposit account or to process the payment as a check transaction When we use information from your check to male an electronic fund transfer, funds may be withdrawn from your deposit account as soon as the sane day we receive your payment and you will not receive your checkbackfrom urfmancial institution. Your authorization is not limited by the date on the check. We may resubmit and electronically collect the returned payments. What if I file tot Bankrupt cv? If you are entitled to bankruptcy protection, this communication is for information only, it is not an attempt to colletrii assess or recover a debt or claim. Do not send us paymentswithout speaking with your bankrj+ptcy attorney or the Bankruptcy Court . if you or your attorney would like to contact our bankruptcy claims servicer directly, please contact' Capital One - PO Box 30265 Salt Lake City, Ut 84130-0285 BILLING RIGHTS SUMMARY (Does Not Apply to Small Business Accounts) What To Do If You Think You find A Mistake On Your Statement: t you think there is an error on your statement, write to us at. Capital One Is .0, Box 30285 Salt Lake City, UT 84130-0285 in your letter, give us the following information Account Information Your name and account number. Dollaramount. The dollar amount of the suspected error. Description of Problem. If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must natty us of any potential errors inwrc ping. You may call us,or notdy us electronically, but if you do we are not required to investigate any potential errors ahd you may have to pay the amount in question while we investigate whether or not thane has been an error, the following are true. We cannot try to collect the amount in question, or report you as delinquent on that amount. The charge in question may remain on your statement, and we may continue to charge you interest on that amount out, if we determine that we made a mistake, you will not have to pay the amount in question or any entered or other fees related to that amount. while you do not have to pay the amount in question until was send you a notice about the outcome of our investigation, you arc responsible for the remainder at your balance. . We can apply any unpad amount against your credit lime. Your Ieghts if You Are Dissatisfied With Your Credit Card Purchas t you are dissatisfied with the goods or services that you have purchased with your credit lard, and you have triedin good faith to correct the problem with the merchant, you may have a right not to pay the remaining amount due on the purchase. To use this right, all of the f lowing must be true 1. The purchase must have been made in your home state or within i W miles of your current mailing address, and the purchase price must have been more than b?0. (Note. Neither of that are necessary d your purchase was based on an advertssement we malted to you, .1 1 we own the company that said you the goods or service.) 2. You must have toed your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credo card account do not quality. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are dill dissatisfied with the purchase, contact us m writing at. Capital One P.O. Box 30285 Salt Lake City, UT 84130-0285 While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tellyou our decision At that point, t we think you we an amount and you do not pay we may report you as delinquent. Capital One supports information privacy protection. see out websim at www capdalone com Capital One is a federally registered service mark of Capital One Financial Corporation All rights reserved it 2010 Capital One TCo8 o3fli 1 Changing Address? Address ............. ................................................................. ................................................................................. Home Phone ........................................................................................... 19 Alternate Phone ........................................................................................... E-mail Address ........................................................................................... Please rint address or h n n b h b i bl p p o e um er c anges a ove us ng ue or black ink. Not quite ready to make payments online? No problem. Follow these simple steps to make sure we process your payments smoothly: • Don't staple or paper clip your check to the payment slip. • Be sure to use the payment envelope that came with your statement. Using a different envelope could delay processit • Please don't include any additional correspondence. • Last but not least, be sure to write your 16-digit account number on your check. 14_? Take Control with Online Statements Managing your account online is easy: • Check your balance and view recent activity • View and print copies of past statements • Pay your bill online Sign up at: www.capitalone.com Gal?al a, W_ Page 2 of 2 1-100-955-7070 www.capitalone.com Mar. 18 -Apr. 17, 2011 31 Days in Billing Cycle j Credit Gmft: 51,000.00; ., Visa Platinum XXXX-XXXX-XXXX-6448 1 Available Credit: 80.00 NEW BALANCE MINIMUM PAYMENT DUE DATE i Cash Credit limit: 51,000.00 j $1,153.55 $311.00 May 14, 2011 Y I Available Credit for Cash: SOAO Previous Balance Payments and Credits Fees and Interest Charged Transactions New Balance ( 51,101.61 - 50.00 } 55194 I } 50.00 41,153.55 I `TRANSACTIONS CONTINUED You were assessed a past due fee because your minimum payment was not received by the due date, To avoid this fee in the future, we recommend that you allow at least 7 `: business days for your minimum payment to reach Capital One. . t if you cannot make your minimum payment, but can pay at least $63.00, call us at 1.800.955.6600. Your account will not fall further behind, even though it will remain past due. 500308 DOUGLAS D HENDERSON IT'S STILL NOT TOO LATE. Your account is unusable. Please pay the amount due on your statement by the due date. Remember we're here to help! Let's work together to find a solution that's right for you. You can make a payment with our free check by phone service or speak to an associate by calling 1.800.955.6600. (D 2009 Capital One. Capital One is a federally registered service murk. Ad rights resmed. Pagel of 2 1-800-955-7070 www.capitalorie.com Visa Platinum NEW BALANCE $1,153.55 MINIMUM PAYMENT $311.00 PLEASE PAY AT LEW This AMOUNT Credit limit; 51,000.00 Available Credit: $0.00 Mar. 18- Apr. 17, 7011 31 Days in Billing Cycle MINIMUM PAYMENT WARNING: If you make only the minimum payment each period, you wt11 pay more in interest and it will take you longer to pay off your balance. for example: XXXX XXXX XXXX 6448 Payment Amount Each Period If No Approximate rime to Pay Off Estimated DUE DATE Additional Charges Are Made Statement 9uslance Total Cost May 14, 2011 Minimum Payment SYears E1,923 4 you would like information about credit Counseling services, call t-688-32"055. LATE PAYMENT WARNING: If we do not receive your minimum payment by your due date, Cash Credit Limit: $1,000.00 1 you may have to pay a late fee of up to $35.00 and your APRs may be increased up to the Penalty APR of 29.40%. Available Credit for Cash: S0.00 I I Previous Balance Payments and Credits Fees and Interest Charged Transactions New Balance $1,101.61 - SO.00 + 551.94 = } I 50.00 S1,153.55 I? I f you cannot make your minimum payment, but can pay at least S153 00, call us at ?.800.955.6600. Your account vrili not fail further behind, ever. though it -:rill remain past due. Keep :n mind, you're behind by five payments. It you continue to miss payments your account s at risk of bein I g changed off. Please dont let this happen. 't you fee: aRrvrhelmed, give us a cal.. We I! work with you to resoiw th:; matter. I i i TRANSACTIONS PAYMENTS, CREDITS b ADJUSTMENTS FOR DOUGLAS D HENDERSON #6448 I I i ? FEES j 1 14 APR PAST DUE FEE $35.00 Total Fees This Period $35.00 Total fees This Year $140.00 j INTEREST CHARGED j INTEREST CHARGE. PURCHASES $16.94 Total Interest This Period $16.94 Total Interest This Year $61.61 1 i Transactions continue on page 2 Help is Available. Just pick up the phone. Call 1-800-955-6600 and a specially trained agent will be happy to help you check your balance and make payments. INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Annual Percentage Balance Subject to Interest Charge Rate (APR) Interest Rate Purchases 17.90%D s1, 114.27 $16.94 Cash 24.90% D 60.00 SC.00 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE. 1 448 17 1153550074000311002 Account Number. 448 Due Dale New Balance Minimum Paym?osed May 14, 2011 $1,153.55 $311.00 PLEASE PAY AT LEASt -------------/ THIS AMOUNT DOUGLAS D HENDERSON 8 W GREEN ST SHIREMANSTOWN, PA 17011-6515 IIIIIIIIIIIIII'I'Illlllllllllllllll'II'Illlllllllllllllrrrll"I'I Take advantage. Take control. Manage your account online at www.capitalone.com Make payments Review account information AQ Manage your account in privacy 400006 Capital One Bank (USA), N A. P.O. Box 71083 Charlotte, NC 28272-1083 lllllllrlll•?IIIII•II•Illllllrrllllllrrll•I?Illrll•?Illlllllrllll Please make checks payable to Capital One Bank (USA), N.A. and mail with this coupon in the enclosed envelope. C -;7 MW V1- wihat's, in your wdNt? How can I avid paying Interest Chances? Each month you pay your "New Balance" in full, you will have a minimum grace period of 25 days with no interest charge on all new 1) purchases, 2) balance transfers, 3) special purchases and 4) other charges. d you have been paying your account in full with no interest charges applied and you do not pay your next bill in full, prorated interest chargeswdl be assessed There is no grace period on cash advances, special transfers, or on any new transaction when there is an unpaid balance from a previous bill. How is the interest charge applied? Interest charges accrue from the 1) date of the transaction, 2) date the transaction is processed or 3) first calendar day of the billing period. Interest charges accrue on every unpaid amount until it is paid in full. This means you may owe interest charges even it you pay the entire 'New Balance' one month, but did not do so for the previous month. Unpaid interest charges are added to the proper segment of your Account However, we reserve the right to not assess interest charges at any time Do you assess a Minimum Intoran Chem e7 Yes. A minimum MTEREST CHARGE of 50.50 will be assessed for each billing period your account is subtract to an interest charge Now did you Calculate the Interest Chame? There are several calculations that are used to determine your total interest charge. 1. To get your Dally Balance' For each segment, 1) take the beginning balance and add in new, transactions and the periodic interest charge on the previous days balance. 2) subtract any payments and creditsfor that segment as of that day. The result is the daily balance for each segment. However, d you paid your previous month's balance in full (or B your balancewas zero or a credit amount), navy transactions which post to your purchase or special purchase segments are not added to the daily balances. Also, transactions that are subject to a grace period are not added to the daily balances. 2. To find your Average Daily Balance. 1) add the daily balances together and 2) divide the sum by the number of days in the billing cycle. 3. Estimate your Total interest Charge: 1) multiply your average daily balance by the daily periodic rate and 2) multiply the result by the number of days in the billing period. NOTE. Due to rounding or a minimum interest charge, this calculation may vary from the interest charge actually assessed. How can my variable Annual Parcentaae We (APR) Change'? Your APR may increase or decrease based on one of seven standard indices reported in The WaU saeet)oumal. To find which index is used tot your account, look for a code (P, L, C, S, D or F) on the front of this statement next to the APR(s). Then check the table below cods next m your Annual PorcaMage Rate (APR) Index -,- your rates errs based on When your Annual Percemage Rate will champs P Quarterly Prime+ margin previouslyd-losed to you The find day ohthe L Quarterly LIBOR+ margin Previously disclosed to you billing periods that C Quarterly CO + margin Previously disdosad is you and in January, April, S Saill-d Prime+ margin prwimaly discosed to you July and October D Monthly Prkne+ margin Previously discimad to you Thefirstdayofeach F Momhly LIBOR + margin previously disdose l to you momMy billing a Treasury LIBOR + margin prwiously diadoead to you Period Are theta Additional Fm associated with my accou M? Yes, under certain circumstances, you may be assessed a Late or Returned Payment Fee. You may also be charged ovenimit fees it permitted by law. We reserve the right to not assess fees without prior notice and without waiving our right to assess a similar fee later. Lbw can I close Account? You may close your account by calling or writing our Customer Relations Department. At that time, we will provide additional details including payment information d you use your credit card or charges post to your account after you ask us to close it, we can keep your account open To avoid paying any applicable membership fees, call to close your account prior to the end of the cycle in which it is scheduled to be billed. What happens if my Account is Suspended? we may close or suspend your account and your right to obtain credit at any time and for any reason, even if you are not in default. Account suspension can be permanent or temporary . If your account is closed or suspended you must 1) stop using your credit card and account, 2) cancel all automatic payments, 3) destroy all credit cards and access checks, and 4) pay all amounts you owe us, even it they were charged after the account was closed or suspended. How do I Mate Pavrnatim, 7 Payments you mail to uswill be credited to your account as of the business day we receive it, as long as: 1) you send the bottom portion of this statement and your check in the enclosed remittance envelope, and 2 ) your payment is received in one of our processing centers by Spin local time. Please allow at least {7) business days for mail delivery. Mailed payments received by us at any other location or in any other form may not be credited as of the day we receive them Do you Process Paper Checks as an Electronic Funds Transfer? When you provide a check as payment, you authorize us and our agents either to use information from your check to make a one-time electronic fund transfer from your deposit account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your deposit account as soon as the same day we receive your payment and you will not receive your check back from your financial institution. Your authorization is not limited by the date on the check. we may resubmit and electronically collect the returned payments. What'd I file for wilkruutic if you are entitled to bankruptcy protection, this communication is for information only, it ls not an attempt to collect, assessor recover a debt or claim. Do not send us payments without speaking with your bankruptcy attorney or the Bankruptcy Court If you or your attomeywouid like to contact our bankruptcy claims servicer directly, please contact: Capital One PC Box 30285 Salt Lake City, UT 84 13 0-02 85 BILLING (LIGHTS SUMMARY (Does Not Apply to Small Business Accounts) What To Do If You Think You Find A Mistake On Your Statement: d you think there is an error on your statement, write to m at Capital One P.O. Box 30285 Salt Lake City, UT 84130-0285 In your letter, give us the following information Account infomution. Your name and account number. Dollaramount. The dollar amount of the suspected error. Description of Problem. If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within Bo days after the error appeared on your statement You most notify as of any potential errors in writing. You may callus or notify us electronically, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we immstigatewhether or not there has been an error, the following are true We cannot try to collect the amount in question, or report you as delinquent on that amount. - The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, it we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. While you do not have to pay the amount in question until we send you a notice about the outcome of our investigation, you are responsiblefor the remainder of your balance. . We can apply any unpaid amount against your credit limit Your Rights It You Are Dissatisfied With Your Credit card Purchasee. d you are dissatisfied with the goods or servlcea that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of thefollowing must be true. I. The purchase must have been made in your home state orwithin 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note. Neither of these are necessary it your purchase was based on an advertisement we mailed to you, or 4 we own the company that sold you the goods or serv-) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM orwith a check that accesses your credit card account do not qualify. 3. You must not yet havefully paid for the purchase. d all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at Capital One P.C. Box 30285 Salt Lake City, UT 84130-0285 While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, a we think you owe an amount and you do not pay we may report you es delinquent. Capital One supports information privacy protection. see our website at www.capitalone.com Capital One is a federally registered service mark of Capital One Financial Corporation All rights reserved T; 2010 Capital One TC-08 03101il1 Changing Address? Add ress.'-..........- ......................................................... .................. ........................................................................................... Home Phone, ............................................................................... ........... Alternate Phone ........................................................................................... E-mail Address ........................................................................................... Please print address or phone number changes above using blue or black ink. Not quite ready to make payments online? No problem. Follow these simple steps to make sure we process your payments smoothly: • Don't staple or paper clip your check to the payment slip. • Be sure to use the payment envelope that came with your statement. Using a different envelope could delay processh • Please don't include any additional correspondence. • last but not least, be sure to write your 16-digit account number on your check. I*-) Take Control with Online Statements Managing your account online is easy: • Check your balance and view recent activity • View and print copies of past statements • Pay your bill online Sign up at www.capitalone.tom G- Page 2 of 2 1-WO-9S5-7070 --- -- -- j www.capitalone.com Mar. 18 - Apr,17, 2011 31 Days m edlmg Cyde ---._.-.-..--..-..------ - - -- --...... .. -- - - - --- - visa Platinum XXXX-XXXX-XXXX-6448 Credit bmrt: 51,000.00 Available Credrt: $0.00 NEW BALANCE MINIMUM PAYMENT DUE DATE Cash Credit Limit: $1,000.00 $1,153.55 $311.00 May 14, 2011 1 Available Credit for Cash: 50.00 Previous Balance Payments and Credits Fees and Interest Charged Transactions New Balance S1,101.61 - 50.00 } 551.94 ?i } 50.00 c S1,153,55 -.-.-.- -- -- - J `TRANSACTIONS tONTINUED You were assessed a past due fee because your minimum payment was not received by the due date. To avoid this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Capital One. If you cannot make your minimum payment, but can pay at least $64.00, call us at 1.800.955.6600. Your account will not fall further behind, even though it will remain past due. DOUGLAS D HENDERSON XXXX-XXXX-XXXX-6448 MINIMUM PAYMENT DUE DATE $375.00 Jun 14, 2011 PLEASE PAY A' LFASi TH:5AM.OUNT Page 1 of 2 1-Wo-955-7070 www.capitalone.com Apr. 18 - May. 17, 2011 30 Days in Billing Cycle Visa Platinum NEW BALANCE $1,205.71 Credit Limit: 51,000.00 Available Credit: 50.00 Previous Balance 51,153.55 - 500309 IT'S TIME TO TAKE CONTROL OF YOUR DEBT. WE'RE HERE TO HELP. Even if we report your account as charged off, you'll still be responsible for paying your debt. So why not call us to see what we can do together to keep you from receiving such a serious mark on your credit record? Please contact us to find a solution that's right for you. You can make a payment with our free check by phone service or speak to an associate by calling 1.800.955.6600. Make sure you call or pay the amount due or you, statement by he die date to eliminate the risk of being charged off. 2009 Capital One. Capita( One a rt federally registered scrvur mark. Ad rights reserved. Cash Credit Limit: 51,000.00 Available Credit for Cash: $0.00 MINIMUM PAYMENT WARNING: 4 you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. for example: Payment Amount Each Period If No Apprmdmate rime to Pay Off Estimated Additional Charges Are Made statement Balance TAW Cost Minimum Payment 9Years $11990 I you would like information about credit counseling services, call 1-888-326-8055. LATE PAYMENT WARNING: If we do not receive your minimum payment by your due date, you may have to pay a We fee of up to $35.00 and your APRs may be increased up to the Penalty APR of 29,40%. i New Balance $1,20571 -_I - --- - --- -------- - Payments and Credits Fees and Interest Charged Transactions SO.00 + S52.16 + I 56.00 - H you cannot make your minimum payment, but can pay at least S64.00, call us at SCC.9- 151 0. Your accourt will not fail further behind, ever. though I will remain pasl due. You 5houid krww• you're behind by six payments. if we charge off your 3c,ount you will continue to accrue finance zhaiges..Ail now to prevent this from happening Please pay the minimum payment amount or yvur statement or give us a caii today VV: re hele to heip. TRANSACTIONS PAYMENTS, CREDITS & ADJUSTMENTS FOR DOUGLAS D HENDERSON #6448 FEES 1 14 MAY PAST DUE FEE Total fees This Period Total Fees This Year $35.00 535.00 S1 75.00 Help is Available. Just pick up the phone. Call 1-800-955-6600 and a specially trained agent will be happy to help you check your balance and make payments. INTEREST CHARGED INTEREST CHARGE. PURCHASES Total Interest This Period Total Interest This Year Transactions continue on page 2 517.16 S17.16 $78.77 INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Annual Percentage BalanceSubject to interest Charge Rate (APR) Interest Rate Purchases17.90%D S1, 166.46 $17.16 Cash 24.90% D S0.00 50.00 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE. 1 448 17 1205710074000375003 CAOM Account Number:llllllllllllll?!i448 Due Date New Balance Minimum Payment Amount Enclosed - - --------- --- ------ Jun 14, 2011 $1,205.71 $375.00 PLEASE PAY AT LEAST TH15AMOUNT DOUGLAS D HENDERSON 8 W GREEN ST SMIR ERANSTOWN, PA 17011-6515 I'Illlllll"I'Illlllll„Illlr„Ir,lllllll'I'Illllll"IIIII'Illlll Take advantage. Take control. Manage your account online at www.capitalone.com Make payments Review account information AQ Manage your account in privacy 400 Capital One Bank (USA), N A. P0- Box 71083 Charlotte, NC 28272-1083 III III IrlnrrIll lllrIll. hlhllit. llrll1?.11.l,lll,11. llllllllrhll Please make checks payable to Capital One Bank (USA), N.A. and mail with this coupon in the enclosed envelope. whws in your wallet? How can I avoid paying Interest .Changes 7 Each month you pay your "New balance" in full, you will have a minimum grace period of 25 days with no interest charge on all new 1) purchases, 2) balance transfers, 3) special Purchases and 4) other charges. If you have been paying your account in full with no interest charges applied and you do not Pay your next bill in lull, prorated interest charges will be assessed. There ls no grace period on cash advances, special transfers, or on any new transaction when there is an unpaid balance from a previous bill. How is the Interest change appiiedT Interest charges accrue from the 1) date of the transaction, 2) date the transaction is processed or 3) tint calendar day of the billing period. Interest charges accrue on every unpaid amount until it is paid in full. This means you may Oliver interest charges even it you pay the entire 'New balance' one month, but did not do so for the previous month. Unpaid interest charges are added to the proper segment of your Account However, we reserve the right to not assess interest charges at any time. Do you assass a Minimum Interest charger Yes. A minimum INTEREST CHARGE of $0.50will be assessed for each billing period your account a subject to an interest charge. How did you Calculate the interest charoeT There are several calculations that are used to determine your total interest charge. 1. To get your Dally Balance. For inch segment, 1) take the beginning balance and add in new transactions and the periodic interest charge on the previous day's balance. 2) Subtract any payments and creclastor that segment as of that day. The result is the daily balance foreach segment. However, it you paid your previous month's balance in full (or it your balance was zero or a credit amount), new transactions which post to your purchase or spacial purchase segments are not added to the daily balances. Also, transactions that are subject to a grace Period are not added to the daily balances. 2. To find' your Average Daily Balance. 1) add the daily balances together and 2) divide the sum by the number of days in the billing cycle 3. Estimate your Total interest Charge'. 1) multiply your average daily balance by the daily periodic rate and 2) multiply the result by the number of days in the billing period. NOTE. Due to rounding or a minimum interest charge, this calculation may vary from the interest charge actually assessed. How can my variable Annual Partatttape late (APR) change? Your APR may increase or decrease based on one of seven standard indices reported in The Wall Speet2ournel. To find wha:h index is used for your account, look for a code (P, L, C, S. D or F) on the front of this statement next to the APR(s). Then check the table below Coda next to your Annual PoM-R"a Rate (APR) 1 ? Index which your rates are based on When your Annual PBrGnbgs Rob MAiI charge P Quarterly Prime+ margin previously demosed to you The first day of the L Quills" LIBOR+ margin pmv ualy disclosed to you billing periods that C Quarrel CO + margin previously disckend to you it,. January, April, S Bankcord Prime+ margin previously disclosed! o you July and October D MonMly Prime+ margin praviously disclosed to you Tha first day of each F Monthly LIBOR + margin previously disclosed to you monthly billing G Treasury LIBOR + margin previously disclosed to you period. Are them Additional fine associated with sty, accoum7 Yes, under certain circumAances, you may be assessed a Late or Returned Payment Fee. You may also be charged ovenimit fees it permitted by law. We reserve the right to not assess fees without prior notice and without warvng our right to assess a similarfee later. How can I Close My Account ? You may close your account by calling or writing our Customer Relations Department. At that time, we will provide additional details including payment information. if you use your credit card or charges post to your account after you ask us to close it, we can keep your account open To avoid paying any, applicable membership fees, call to close your account prior to the end of the cycle in which it is scheduled to be billed. What happens if my Account is Susi added? We may close or suspend your account and your right to obtain credit at any time and forany reason, even if you arc not in default. Account suspension can be permanent or temporary . It your account is closed or suspended you must 1) stop using your credit card and account, 2) cancel all automatic payments, 3) destroy all credit cards and access checks, and 4) pay all amounts you owe us, even 4 they were charged after the account was dosed or suspended. How do I Make Pavr tsT Payments you mail to w l be credited to your account as of the business day we receive it, as long as. 1) you send the bottom portion of this statement and your check in the enclosed remittance envelope, and 2) your payment is received in one of our processing centers by Spm local time. Please allow at least (7) business days for mail delivery . Mailed Payments received by us at any other location or in any other form may not be credited as of the day we receive them. Do you Process Paper Checks as an Etecswnic Funds Transfer? when you provide a check as payment, you authorize us and our agents either to use information from your check to make a onetime electronic fund transfer from your deposit account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your deposit account as soon as the same day we receive your payment and you will not receive vow check back from your f financial institution. Your authorization is not limited by the date on the check. We may resubmit and electronically collect the returned payments. what'd I file for Bankruptcy? If you are entitled to bankruptcy protection, this communication is for information only, it is not an attempt to collect, assess or recover a debt or claim. Do not send us payments without speaking with your bankruptcy attorney or the Bankruptcy Court. If you or your attorney would like to contact our bankruptcy claims semcer directly, please contact: Capital One PC Box 30285 Salt Lake City, UT 84 13 0-02 85 BILLING RIGHTS SUMMARY (Does Not Apply to small business Accounts) What To Do If You Thank You Find A Mistake on Your Statement: if you think there is an error on your statement, write to us at capital one P.O. Box 30285 Salt Lake City, UT 84130-0285 In your letter, give Us the following information Account mfdo tion. Your name and account number Dollaromovig The dollar amount of the suspected error. Description of Problem. It you think there is an error on your bill, describe what you believe is wrong and by you believe it is a mistake. You must contact us within 80 days after the error appeared on your statement. You must nottly us of any potential errors in writmo. You may call us or notify us electronically, but it you do we are not required to investigate any potential errors and you may have to pay the amount in question. Whilewe investigate whether or not them has been an error, the following are true. We cannot try to collect the amount in question, orreport you as delinquent on that amount. The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, d we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. While you do not have to pay the amount in question until we send you a notice about the outcome of our investigation, you are responsible for the remainder of your balance. We can apply any unpaid amount against your credit limit Your Rights if You Are Dissatisfied with Your Credit Card Purchases. 4 you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true 1. The purchase must have been made in your home state or within loo miles of your current mailing address, and the purchase price must have been more than 850. (Note. Neither of than are necessary it your purchase was based on an advertisement we mailed to you, or if vw own the company that sold you the goods orservices.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us m vvritil%1 at. Capital One P 0 Box 30285 Salt Lake City, UT 84130-0285 While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, We wll tell you our decision At that point, it we think you owe an amount and you do not pay we may report you as delinquent. Capital One supports information privacy protection. see our webute at wiew capltalone.con, Capital One is a federally registered service mark of Capital One Financial Corooranon All rights reserved C, 2010 Capital one TC-OB 03y01j11 Changing Address? Address ........................................................................................... ........................................................................................... Home Phone ........................................................................................... 19 Alternate Phone ........................................................................................... E-mail O Address ........................................................................................... Please rint address or hone n b h b i bl bl p p um er c anges a ove us ng ue or ack ink. Not quite ready to make payments online? No problem. Follow these simple steps to make sure we process your payments smoothly: • Don't staple or paper clip your check to the payment slip. • Be sure to use the payment envelope that came with your statement. Using a different envelope could delay processif • Please don't include any additional correspondence. • Last but not least, be sure to write your 16-digit account number on your check. (( ?? Take Control with Online Statements Managing your account online is easy: • Check your balance and view recent activity • View and print copies of past statements • Pay your bill online Sign up at: www.capitalone.com ?. Page 2 of 2 1-800-955-7070 www.capitaloree.com Apr. 18- May. 17, 2011 30 Days in Billing Cycle Credit Limn: 51,000.00 Visa Platinum XXXX-XXXX-XXXX-6448 1 Available Credit: 50.00 NEW BALANCE MINIMUM PAYMENT DUE DATE Cash Credit Limit: 51,000.00 $1,205.71 $375.00 Jun 14, 2011 I Available Credit for Cash: $0.00 Previous Balance Payments and Credits Fees and Interest Charged Transactions New Balance i S1,153.55 - 50.00 + 552.16 j + 50.00 J c S1,205.71 _ -_-- `TRANSACTIONS CONTINUED You were assessed a past due fee because your minimum payment was not received by the due date, To avoid this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Capital One. 500343 Your account works differently now that you're 7 payments late. Please see the next page for important account information. Pagel of 2 1-800-256-9319 www.capitalone.connlsolutions May. 16 - Jun. 17, 2011 31 Days in Billing Cycle IMPORTANT ACCOUNT UPDATES 1 Visa Platinum MA48 1 your full balance is due. Any payment you make will reduce your balance and help payoff NEW BALANCE PAYMENT DUE DUE DATE ogre debt faster. The amount you owe may differ h you've entered into a sepa ate payme u ement. $1,259.24 $1,259.24 PAST DUE Available Credit: $0 00 Previous Balance Payments and Credits Fees and Interest Charged Transactions New Balance 57,205J7 !.. - 50.00 t S53.53 + _) 50.00 _ S1,259.24 __... ._ r .-_ TRANSACTIONS PAYMENTS, CREDITS e: ADJUSTMENTS FOR DOUGLAS D HENDERSON #6446 FEES 1 14 JUN PAST DUE FEE $35.00 Total Fees This Period $35.00 Total Fees This Year 5210.00 INTEREST CHARGED INTEREST CHARG€.PURCHASES $18.53 Total Interest This Period 518, 53 Total Interest This Year $97.30 Help is Available. Just pick up the phone. Call 1-800.258.9319 and a specially trained agent will be happy to help you check your balance and make payments. INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Annual Percentage Balance Subject to Interest Charge Rate (APR) Interest Rate Purchases 11,90%D $1219.14 $18.53 cash 24,90%D , 50.00 50,00 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONE.CONVSOLUTIONS TO MAKE YOUR PAYMENT ONLINE. 1 Account Number: 448 Due Dale New Balance Amount Enclosed Past Due $1,259.24 448 17 1259240074001259247 Manage your account online. AR Visit www.capitalonexom/solutions to manage your account online. Have information at your fingertips 2417 without picking up the phone. 4o00D4 DOUGLAS D HENDERSON 8 W GREEN ST SHIREMANSTOWN, PA 17011-6515 111'1"11'hllllll'11IIIIIrr?J11rII1rI11Jlll'1'II'Il'Il'Illllll Capital One Bank IUSA), N.A. P.O. Box 73083 Charlotte. NC 28272-1083 1III 1111-111.rit 11l,h-If 11111rr111111^II-1-111.11--11111111- 1111 Please make checks payable to Capital One Bank (USA), N.A. and mail with this coupon in the enclosed envelope. raw can 1 avoid paying IntorastChames? Each month you pay your "New Balance" in full, you will have a minimum grace period of 25 days with no interest charge on all new 1) purchases, 2) balance transfers, 3) special purchases and 4) other charges. If you have been paying your account in full with no interest charges applied and you do not pay your next bill in full, prorated interest charges will be assessed. There a no grace period on cash advances, special transfers, or on any new transaction when there is an unpaid balance from a previous bill How is the interval Charm applied? Interest charges accrue from the 1) date of the transaction, 2) date the transaction is processed or 33 first calendar day of the bilkng period interest charges accrue on every unpaid amount until it is paid in full. This meamyou may owe interest charges even it you pay the entire -New Balance- one month, but did not do so for the previous month. Unpaid interest charges are added to the proper segment of your Account. However, we reserve the right to not assess interest charges at any time. Do you assess a Minimum Interest Charge? Yes. A minimum INTEREST CHARGE of 5D 50 will be assessed for each billing period your account is subject to an interest charge. How did you Calculate the (merest Charge? There are several calculations that are used to determine your total interest charge. 1. To get your Daily Balance: For each segment, 1) take the beginning balance and add in new transactions and the periodic interest charge on the previous day's balance. 2) Subtract any payments and credits for that segment a of that day. The result a the daily balance for each segment However, N you paid your previous month's balance in full (or it your balance was zero or a credit amount), new transactions which post to your purchase or special purchase segments are not added to the daily balances Also, transactions that are subject to a grace period arc not added to the daily balances. 2. To find your Average Daily Balance: 1) add the daily balances together and 2) divide the sum by the umber of days in the billing cycle. 3. Estimate your Total Interest Charge: 1) multiply your average daily balance by the daily periodic rate and 2) multiply the resuh by the number of days in the billing period. NOTE. Due to rounding or a minimum interest charge, this calculation may vary from the intemt charge actually asessad. Is the'Payrnem Due- a Payoff Amount ? No All stated amounts are owed on the date of the statement. However, because interest, late charges and other charges might change from day to day as provided in your customer agreement, the amount due on the day you pay may be larger. Forexample, if you pay the amount stated in this statement, your account might still have a balance after your payment is received. Also note that the amount you owe may differ it you've entered into a separate payment arrangement. Please call the number on the front of the statement for an exact payoff amount. Now can try variable Annual Percentage Nate (APR) change? Your APR may increase or decrease based on one of seven standard indices reported in The Wall Stmetloumal. To find which index is used for your account, lookfor a code IF, L, C, S, D or F) on the front of this statement next to the APR(s). Then check the table below: Cod. Mxt W Your When your Annual Annual Percentage Index wruch your rates are based on Percentage Rate Rate (APR) ___-- will change P quarterty Prime+mwgin geviously disclosed to you The first day of the L Ouartarty LIBOR+ margin previously disclosed to you lifting pereodsthart C Quad" CO + margin previously disclosed to you end in January, Apnl, S Bankcard Prime + margin previously disclosed to you Julyard OUObar D Monthly Prime+ margin Previously disclosed to you The first day of each F Monthly LIBOR + mwgin P-ely disclosed a you monthly billing G Treasury LIBOR + margin previously disclosed to you period. Are then Additional Fees associated with sty account? Yes, under certain circumstances, you may be assessed a Late or Returned Payment Fee. You may also be assessed overlimit fees f permitted by law You will also be required to pay all of our actual collection expenses, attorneys' fees and court costs unless the law does not allow us to collect these amounts. we reserve the right to not assess fees without prior notice and without waiving our right to assess similar fee later what happens if my Account is susoencill We may close or suspend your account and your right to obtain credit at any time and for any reason, even if you are not in default. Account suspension can be Permanent or temporary. If your account is closed or suspended you must 1) stop using your credit card and account, 2) cancel all automatic payments, 3) destroy all credit cards and access checks, and 4) pay all amounts you owe us, even N they were charged site the account was closed or suspended. How do I Make Pawrarat Payments you mail us will be credited to your account as of the business day we receive them, as long as: 1) you send the bottom portion of this statement and your check in the enclosed remittance envelope, and 2) your payment is received in Capital One's processing centers by Spm local time. Pease allow at least seven (7) business days for mail delivery Mailed Payments received by Capital One at any other location or in any other form may not be credited as of the day they are received. Do you Process Paper Checks as an Electronic Funds Transfer? When you provide a check as payment, you authorize us and our agents either to use information from your check to make e one-time electronic fund transfer from your deposit account or to process the payment as a check transaction. When we useinformation from your check to make an electronic fund trarerfer, funds may be withdrawn from your deposit account as won as the same day we receive your payment and you will not receive your check backfrom yourfoU ncial institution. Your authorization is not limited by the date on the check. We may resubmit and electronically collect the returned payments. Whet If I file for Bankruotcv7 it you are entitled to bankruptcy protection, this communication is for information only, it is not an attempt to collect, asses or recover a debt or claim. Do not send us payments without speaking with your bankruptcy attorney or the Bankruptcy Court. If you have questions about your account or bankruptcy proceeding, please have your attorney contact us. If you or your attorney would like to contact our bankruptcy claims servicer directly, pease contact) Capita) One PO Box 30285 Stilt Lake City, Ur 841300285 BILLING all SUMMARY (Does Not Apply to Small Business Accounts) Whet To Do If You Think You Find A Mistake On Your statemenit d you think there is an error on your statement, write to us at. Capital One P.O. Box 30285 salt Lake City, UT 84 1 30-02 85 In your letter, give us the following information. Account information Your name and account number Dollar amount: The dollar amount of the suspected error. partlytion of Problem. if you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 6D days after the error appeared on your statement. You most ratify us of any potential errors Ei v-w nq You may callus or notify us electronically, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true. - We cannot try to collect the amount in question, or report you as delinquent on that amount The charge in question may remain on your statement, and we may continue to chargeyou interest on that amount. But, A we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. While you do not have to pay the amount in question until we send you a notice about the outcome of our irwestigalion, you are responsible for the remainder of your balance. Your Rights If You Are Dissatisfied With Your Credit Card Purchases 8 you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the nght not to pay the remaining amount due on the purchase. To use this right, all of the following must be true 1. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account to not quality. 2. You must not yet have fully paid for the purchase if all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing, at Capital One P.C. Box 30285 Salt Lake City, UT 84130 0285 While we investigate, the same rues apply to the disputed amount as discussed above After we finish our investigation, we will tell you our decision. At that point, it vie think you owe an amount and you do not pay we may report you as delinquent. Capital one supports information privacy protection: see our website at www.capitalonecom Capital one is a federally registered service mark of Capital One Financial Corporation. All rights reserved 11- 2010 Capital One TC-10 001 r10 To change or update your address please call 1-800-258-9319 or visit www.capitalone.com/solutions 200866 Now that your account is 7 payments past due, the changes detailed below will apply to your account. Hopefully, these changes will make it easier for you to take control of your finances again. C _;X Your balance is still due and you'll be contacted soon to discuss options for resolving your debt. You are responsible for paying the full balance on your account as well as any associated collections expenses as provided in your customer agreement, unless the law where you reside does not allow us to collect such expenses. If we continue to send you statements, you'll now receive them quarterly instead of monthly. We may continue to report the status of your account to the credit bureaus, unless prohibited by law. We will also report when your account is paid off. Help is available. We understand that it can be challenging to manage your finances. Here are three important facts about your account that may help make it easier for you to repay your balance: 1) Highest interest balances are paid first: You will no longer be charged past due, over limit, or membership fees. 2) No more compound interest: Future interest charges will never accrue interest-making it easier to pay down your debt faster. 3) Regular payments will resolve your debt: Since your interest doesn't compound, making regular payments will get your balance paid. Call 1-800-258-9319 to discuss your options. If a third-party agency is already managing your account, your call will be automatically routed to them. Remember, you can check your balance and make payments online any time at www.capitaIone.com/solutions. W Help is available. Just pick up the phone. Call 1-800-258-9319 and a specially trained agent will be happy to help you check your balance, make a payment and answer any questions you may have. C0 2011 Cdpitat One. Capita! One is a federally registered ;twice mark. All might; reserved. Capital One* Customer Agreement Welcome to Capital One.e Thank you for opening a credit Card Account with us. This Customer Agreement ("Agreement") contains the terms for your Capital One credit Card. Some Definitions. The meanings of the terms you see in italics appear in the Glossary Section. To make the Agreement easy to understand, we will also use the following personal pronouns: "You,I'll your" and "yourself" mean each applicant and co- applicant for the Account; any person responsible for paying the Account; and anyone You authorize to use, access or service the Account. It also includes an Authorized User as defined in the Glossary Section. "We," "us," "our" and "Capital One" mean Capital One Bank (USA), National Association; and its agents, authorized representatives, successors, and assignees. Account Documents. Your Account with us is governed by the following documents: (1) this document; (2) all Statements; (3) all rewards information and documentation if your Account has rewards; (4) an Privacy Notices describing our limitations on sharing information about you with others; (5) your Card benefits brochure which describes benefits provided by the Payment Card Network for your Card and Account. The most current version of your Card benefits brochure will replace all prior versions; (6) the "Security" Agreement if you have a secured Card, (7) all disclosures and materials provided to you before or when you opened your Account, including Truth in Lending Disclosures; (8) all other documents and disclosures relating to your Account including those provided online; and (9) any future changes we make to any of the above things. Please read these carefully and keep them for future reference. An image of any of these can be used instead of the original. New Offers. In the future, we might make new offers to you or forward offers from others that we think you might be interested in. These offers may have new or different terms and documentation for these offers will be provided when we make you the offer. If you accept the offer, your previously disclosed terms will still apply except as modified by the offer. Account Information. We need information about you to manage your Account. The information we need includes: (1) your legal name; (2) a valid U.S. mailing address and residential address (if different); (3) your date of birth; (4) your social security number or other government identification number; (5) your telephone number(s); and (6) your employment and income information. You must tell us when this information changes. Please update your address in the manner provided on your Statement. You may also update some of this information by logging onto your Account on our website or by calling one of our representatives at the telephone number provided on your Statement or on the back of your Card. We may require you to provide additional documents that are acceptable to us to verify this information or any changes. We maintain the right to restrict or close your Account if your information cannot be verified or if you do not provide additional information as requested. Credit Limits. When you open your Account, you will receive your credit limits. These will also appear on your Statements. We might also refer to your credit limits as your credit lines. We may gig you different credit limits for the different Segments of your Account. For example, you might have a different credit limit for purchases than for Cash Advances. You are responsible for keeping track of your Account balances and your available credit limits. Do not allow your Account to go over any credit limit even if you have authorized us to charge you an overlimit fee for doing so, as described in the Interest Charges and Fees section. We may still honor transactions above your credit limits, but our honoring of these transactions will not increase your credit limit. We may also increase, decrease, restrict or cancel our credit limit on any Segment at any time. This will not affect your obligation to pay us. Using Your Account. You promise to follow the terms of this Agreement as long as your Account remains open or has a balance. Please sign the Card immediately when you receive it. The Card is valid during the dates provided on the front. The Card is our property and you will return it to us or destroy it if we ask. You wily take reasonable steps to prevent the unauthorized use of your Card and Account. We are not responsible if anyone refuses to accept your Card for any reason. Also, we may reject any transaction for any reason, Unless we tell you otherwise, we will bill each transaction to the applicable Segment of your Account and apply it against your available credit limit for the Account an Card for that Segment in each Billing Cycle. You may also obtain Cash Advances and Transfers if they are permitted for your Account. Unless we agree, you may not use a Transfer to transfer amounts from other Accounts with us or any other company within the Capital One organizatior You must not use, or try to use, the Card for any Internet gambling transactions or transactions that are illegal or not permitted by us. You will still be responsible if you do. In addition, these transactions will be subject to this Agreemei and you might have to reimburse the Payment Card Netwoi and us for all damages and expenses. From time to time, due to circumstances beyond our control (such as system failures, fires, floods, natural disasters or other unpredictable events) our services might be unavailable. When this happens, you might be unable to use your Card or obtain information about your Account. We will not be responsible or liable if this happens. Rewards. Your Account might provide you with the opportunity to ear rewards. If it does, we will separately provide you with all information and terms about your rewards. We will include on your Statements all rewards you have earned. It might take up to two Billing Cycles for your earned rewards to appear on your Statement. Using Your Access Checks. When we provide you with Access Checks, we will tell you whether we will treat them as purchases, Balance Transfers, Cash Advances or Special Transfers. Only the person we designate may use Access Checks. Access Checks may not be used to pay any amount you owe us or any other company within the Capital One organization. We may reject and not pay any Access Check for any reason. Some examples of reasons why we may reject and not pay include: your Account is delinquent, charged-off, bankrupt, lost/stolen or closed; our fraud system prevents the offer fulfillment; your Account is overlimit; or the checks have expired. Any liability for our wrongful dishonor of an Access Check will be limited to your actual damages and will not exceed the amount of the Access Check. When you use an Access Check, you will have fewer rights to dispute merchant transactions than with other uses of your Card. Please see the "Billing Rights Summary" part of your Statement and your other Truth in Lending Disclosures for more information. Stopping Payment of Access Checks. You may request a stop payment on any Access Check by contacting us as provided on your Statement. We may charge you a fee to stop payment as described in the Interest Charges and Fees section. If you call us to stop payment, you must also send to us a written request within 14 calendar days. We will have a reasonable amount of time after your stop payment request to research the situation and complete it. We will not be responsible if we cannot complete the stop payment because the Access Check was already paid, you do not give us the information we asked for or the information you gave us was incorrect. If we cannot stop payment for these reasons, we may still keep the stop payment Fee. Once we complete a stop payment, we do not have to release the stop payment order unless the same person asks us to. If we re-credit your Account after paying an Access Check following a valid stop payment order, you give us all of your rights against the payee or other holder of the paid Access Check. You also agree to help us in any actions we might later take against that person. Using a PIN. We may give you a personal identification number (PIN). For security reasons, you might have to provide the PIN before you are able to complete some transactions using the Card. With a PIN, you may use your Card to: (1) obtain cash from certain automated teller machines (ATM) or (2) make purchases at certain merchant or retailer point-of-sale devices (POS). You may do these things if the ATM or POS requires entry of a PIN and displays the logo of the Payment Card Network on your Card. We will treat all ATM transactions as Cash Advances and all POS transactions as purchases. You should keep your PIN secure and not write it down, give it to anyone, or keep it with your Card, if you lose your Card or believe that someone has gained unauthorized access to your PIN, you must contact us immediately. Authorized Users. You may ask us to add one or more Authorized Users with additional Cards on your Account. If we agree to your request, we will need certain information about the Authorized User to manage your Account. This will be the same information you provided about yourself as described in the Account Information Section. We may limit an Authorized User's ability to initiate certain transactions. If w do, we will tell you about these limitations before adding ai new Authorized User on your Account, Once we add an Authorized User to your Account, we may discuss your Account with them and provide them with Account information. You will be responsible for the Authorized User's use of the Card and your Account as well as anyone else the allow to use your card or Account. This will be true even if you did not want, or agree to, the use. Removing an Authorized User. If you want to remove an Authorized User from the Account you must contact us as provided on your Statement and request their removal. We will have a reasonable amount of time after your request to research the situation and remove them. You also must immediately destroy all Cards in their possession and cancel all of their billing arrangements to the Account. We will not do this for you. During this time, you still will be responsible for all amounts they charge to the Account. You will be responsible even if these amounts do no appear on the Account until later. An Authorized User may remove themselves from the Account upon request. We may close your existing Account and/or issue a new Caro with a new Account number. Your Promise to Pay. You promise individually and jointly to pay us all amounts dL on your Account. This includes amounts where you did not sign a purchase slip or other documents for the transaction. If you use your Card number without presenting your actual Card (such as for mail, telephone or Internet purchases), this will be treated the same way as if you used the Card in person. If you let someone else use your Card, you are responsible for all transactions that person makes. Your promise to pay us will apply to your estate if you die. Statements. We will send you one Statement for all Cards on your Account unless the law does not require or permit us to send a Statement. Statements will be sent at the end of each Billing Cycle when your Account has a debit or credit balance of more than $1.00, or if we have charged any Interest Charges to your Account. Your Statement will show all transactions billed to your Account during the Billing Cych along with other important Account information. Disputed Transactions. You must inspect each Statement you receive and tell us about any errors or questions you have as described in the "Billing Rights Summary" part of your Statement and other Truth in Lending Disclosures. If you do not notify us as provided in those disclosures, we may assume that all information in the Statement is correct. If you dispute a transaction made by you or someone else on your Account, and we later credit your Account for all or part of the disputed amount, you give us all of your rights against that other person. You also will: (1) give us any merchandise or other purchases you received in connection with the disputed amount if we ask, (2) not pursue any claim or reimbursement from the merchant and that other person; and (3) help us pursue and get reimbursement from the merchan and that other person; your help includes giving us documents that we ask for and that are acceptable to us. Interest Charges and Fees. We will charge Interest Charges and Fees to your Account as disclosed to you in your Statements and other Truth in Lending Disclosures. In general, Interest Charges begin to accrue from the day a transaction occurs. However, we will not charge you interest on any new balances posted to the purchase Segment of your Account provided you have paid your previous balance in full by the due date. We will treat the following Fees as purchase transactions unless otherwise specified below. These Fees apply to your Account only if they are provided in your Truth in Lending Disclosures. We may increase your Interest Charges and Fees as described in the Chances to Your Agreement section or in your Truth in Lending Disclosures. • Membership Fee. We may charge you this Fee as early as your first Billing Cycle or the first Billing Cycle after this Fee becomes effective. If it is an annual Fee, we may then charge it approximately once per year. If it is a monthly Fee, we may charge it once in each Billing Cycle. This Fee is payable in advance even if you do not use your Account. • Late Payment Fee. We may charge you this Fee if we do not receive your payment in time for us to credit it by the due date shown on your Statement. • Overlimit Fee. If you agree, we may charge you this Fee when a transaction causes you to go over or remain over any of your credit limits during any Billing Cycle. We may also charge you two additional Fees if your balance remains over your credit limits as of the payment due date in future Billing Cycles. You will only pay one Fee per Billing Cycle, even if you go over your limit multiple times in the same cycle. • Returned Payment Fee. We may charge you this Fee each time any payment you make to us is not paid by your financial institution for any reason, even if that institution later pays it. • Returned Access Check Fee. We may charge you this Fee if we do not pay an Access Check for any reason, including when your Account is in default, overlimit, suspended or closed. • Stop Payment Fee. We may charge you this Fee each time you request us to stop payment on an Access Check or you renew an existing stop payment order as provided in the stopping Payment of Access Checks section. • Copying Fee. We may charge you a per-page Fee for copies of transaction documents or Statements unless they are required in resolving a billing dispute. • Cash Advance Fee. We may charge you this Fee each time you obtain a Cash Advance. This Fee will be treated as a Cash Advance transaction. • Transfer Fee. We may charge you this Fee each time you obtain a Transfer. This Fee will be treated either as a Special Transfer or purchase transaction depending on the Segment which the Transfer posts. Transactions Made in Foreign Currencies. If you make a transaction in a foreign currency, the Payment Card Network will convert it into a U.S. dollar amount. The Payment Card Network will use its currency conversion procedures in effect when it processes the transaction. The conversion rate in effect on the processing date might differ from the rate in effect on the transaction or posting date. We do not currently adjust the currency exchange rate or charge any additional currency conversion Fees. No Warranties. Except as otherwise provided in the "Billing Rights Summary" part of your Statements, we are not responsible for any claim you might have regarding the purchases of goods or services made with your Card. Merchant Refunds. If you are entitled to a refund for goods or services purchas( with your Card, you will accept these refunds as credits to tl purchase Segment of your Account. We do not control whe merchant sends us your refund. We will also have a reasona amount of time after we receive your refund to process it. Minimum Payment. Your Statement will provide instructions for making paymen including the amounts due and the due date for receiving your payment. If applicable, your Statement will also includf minimum payment amount. To avoid a late payment Fee, yc must pay us at least this minimum payment amount by the date provided in the Statement. If you have agreed to incur for going over your credit limit, be aware that paying only tl minimum payment amount might not be enough to avoid overlimit Fee. In addition to the minimum payment, you may pay all or pa of the total balances on your Account. However, you must s pay at least the minimum payment amount each month, ev you paid greater than the minimum on the previous Statem We will continue to charge Interest Charges during Billing C when you carry a balance regardless of whether your Staters includes a minimum payment that is due. If your Account is days past due, part of a bankruptcy proceeding or otherwise charges off, the entire balance is immediately due and payal Making Payments. Your payments must be in U.S. dollars from a U.S deposit account and otherwise be acceptable to us. We do not acce cash payments through the mail. You may not make paymei with funds from your Account or any other credit account v us or any other company within the Capital One organizatic Mailed Payments. You must mail payments to us at the address provided on yc Statement or as otherwise instructed by us or our agents. Vb will credit it to your Account on the day we receive it, if: (1) you send the payment coupon included with your Stater, m the same envelope with your payment; (2) you include your Account number on your payment; and (3) your payment arrives at the address indicated on the payment coupon in our processing center by the time indicated on your Statement. If your due date occurs on a day on which we do not payments, any payment received the next day which to the above requirements will not be treated as late. Please allow at least 7 days for postal delivery. Unless we or , agents specifically instruct you to remit payment in a differei manner, payments received at any other location or in any o- form might not be credited for up to 5 days. This might cau? you to be charged late payment Fees and additional Interest Charges. Faster Payment Services. We may make services available that allow you to make fas payments through a customer service representative using a telephone, the Internet or other payment system. We will describe the terms for using these services before you use t You do not have to use these other payment services, and % may charge you a Fee for using them. If we do, we will tell you the amount of the Fee at the time you request the sere We are not responsible if a payment made using our pa mi services is rejected or not paid. Even if it is, we may still kee Fee. If you give your Account number or other Account informat to someone else to make a payment for you, we may provid Account information to them and process their payment as ue Il if 80 you made it. We may refuse to accept any payment made by someone else for your Account. If we accept a payment made by someone else for your Account, you will be responsible for the payment made even if that payment is rejected or not paid. Payment Processing. We may accept and process payments without losing any of our rights. Even if we credit your payment to your Account, we may delay the availability of credit until we confirm that your payment has cleared. We may resubmit and electronically collect returned payments. We may also adjust your Account as necessary to correct errors, to process returned and reversed payments, and to handle similar issues. When you provide an Item as payment, you authorize us either to use information from your item to make a one time electronic fund transfer from your deposit account or to process the payment as an Item, We will provide additional information about this process on your Statement or other documents we send you before your payment. You may contact us and ask that we not process.your future Items in this way. When you provide an Item as payment, it might also be converted into an electronic image and collected and returned electronically. These electronic images may also be converted to substitute checks: We will not be responsible if an Item you provide has physical features that when imaged result in it not being processed as you intended, How We Apply Your Payments. We apply your minimum payments to lower Annual Percentage Rate balances before higher ones. We apply any portion of your payment, in excess of your minimum payment, to higher Annual Percentage Rate balances before tower ones. Items with Restrictive Words, Conditions or Instructions. All Items that have restrictive words, conditions, limitations or special instructions added (including Items marked with the words "Paid in Full" or similar language) and all accompanying communications must be mailed to and received at: Capital One, P.O. Box 30285, Salt Lake City, UT 84130-0285. If you make your payment or send any accompanying communications to any other address, we may accept and process the payment without losing any of our rights. Credit Balances. We may reject and return to you any payment that creates a credit balance on your Account. Any credit balance we allow will not be available until we confirm that your payment has cleated. We may reduce the amount of any credit balance by any new amounts billed to your Account. You may contact us as provided on your Statement and request a refund of any available credit balance. If you contact us in writing, we will refund your credit balance within 7 Business Days from our receipt of your written request. Account Default. We may consider you in default of your Agreement with us if: (1) you do not make any payment when it is due; (2) any payment you make is rejected, not paid or cannot be processed; (3) you exceed a credit limit; (4) a bankruptcy or other insolvency proceeding is filed by or against you; (5) you die or are legally declared incompetent or incapacitated; (6) we determine that you made a false, incomplete or misleading statement on any of your Account documentation, or you otherwise tried to defraud us; (7) you do not comply with any term of this Agreement or any other agreement with us; or (8) you permanently reside outside the United States. For certain actions, including changing the rates and fees on your Account, our options appear in our original offer materials when you opened yourAccount. Remember, pay the fees charged in connection with a default will not by r cure the default. In addition, if you are in default, we may the following actions without notifying you, unless the law that we must notify you: (1) close or suspend your Account; (2) lower your credit limits; (3) increase your minimum payment; (4) demand that you immediately pay the entire balances owing on your Account (for example, as described in the Minimum Payment section); (5) continue to charge you Interest Charges and Fees as long as your balances remain outstanding; and/or (6) pursue any other action against you that the law allows, which includes the filing of a lawsuit against you. You must pay us all of our collection expenses, attorneys' fee and court costs unless the law does not allow us to collect these amounts. Communications. We may contact you from time to time regarding your Account. We may contact you in any manner we choose unle the law says that we cannot. For example, we may: (1) contact you by mail, telephone, email, fax, recorded message, text message or personal visit; (2) contact you using an automated dialing or similar device ('Autodialer"); (3) contact you at your home and at your place of employment, (4) contact you on your mobile telephone; (5) contact you at any time, including weekends and holiday (6) contact you with any frequency; (7) leave prerecorded and other messages on your answerinc machine/service and with others; and (8) identify ourselves, your relationship with us and our purpose for contacting you even if others might hear or read it. Our contacts with you about your Account are not unsolicite and might result from information we obtain from you or others. We may monitor or record any conversation or other communication with you. Unless the law says we cannot, we may modify or suppress caller ID and similar services and identify ourselves on these services in any manner we choose. When you give us or we obtain your mobile telephone number, we may contact you at this number usinc an Autodialer and can also leave prerecorded and other messages. We may do these things whether we contact you or you contact us. If you ask us to discuss your Account with someone else, you must provide us with documents that we ask for and that an acceptable to us. Credit Reports. We may provide information about you and the Account to consumer (credit) reporting agencies and others as provided in our Privacy Notices. Information we provide might appear on your and the Authorize Users' credit reports. This could include negative information if you do not comply with the terms of this Agreement. We may obtain and use credit and income information about you from consumer (credit) reporting agencies and others as the law allows. Closing or Suspending Your Account. You may ask us to close your Account by calling or writing us as described on your Statement. Your Statement will provide additional information about this process, and we may also separately provide you with additional details after your request. This might include payment information. If you use your Card or charges post to your Account after you ask us to close it, we may keep it open or reopen it, We may close or suspend your Account and your right to obtain credit from us. We may do this at any time and for any reason, permitted by law, even if yyou are not in default. A suspension of your Account might be permanent or temporary. If your Account is closed or suspended for any reason you must stop using your Card. You must also cancel all billing arrangements to the Account. We will not do this for you. If we close or permanently suspend your Account, you must also destroy all Cards. You must still pay us all amounts you owe on the Account, even if they are charged after your Account is closed or suspended. Lost or Stolen Card. You will take reasonable steps to prevent the unauthorized use of your Card and Account. If your Card is lost or stolen or if someone else might be using it without your permission, you must tell us at once. You may tell us by calling the telephone number on the back of your Card or on your Statement or by writing us at the address on your Statement. You will not be responsible for charges made to your Account that are found by us to be unauthorized. If we reimburse yourAccount for unauthorized charges made using your Card, you will help us investigate, pursue and get reimbursement from the wrongdoer. Your help includes giving us documents that we ask for and that are acceptable to us. Changes to Your Agreement. At any time, we may add, delete or change any term of this Agreement unless the law prohibits us from doing so. We will give you notice of any changes as required by law. If we do notify you of changes, we will send you a separate notice or inform you on your Statement. We may send this notice to you electronically as permitted by law. Our notice will tell you when and how the changes will take effect and describe any rights you have in connection with the changes. Your variable Annual Percentage Rates (if applicable) can go up or down as the index for the rate goes up or down, If we increase your Interest Charges for any other reason we will notify you ?n writing. If we increase your fees or other terms of yourAccount we will notify you in writing and inform you of your options in advance, including the right to opt out of some of these changes. We may increase your Interest Charges for new transactions and your Fees after the first year of the Account. Also, if your payment is not received within 60 days after the payment due date, we may increase your Interest Charges and Fees for existing balances and new transactions at any time. We may change any other terms of your Account at any time. The Law that Applies to Your Agreement. We make decisions to grant credit and issue you a Card from our offices in Virginia. This Agreement will be interpreted using Virginia law. Federal law will be used when it applies. You waive any applicable statute of limitations as the law allows. Otherwise, the applicable statute of limitations period for all provisions and purposes under this Agreement (including the right to collect debt) will be the longer period provided by Virginia or the jurisdiction where you live. If any part of this Agreement is found to be unenforceable, the remaining parts will remain in effect. Waiver. We will not lose any of our rights if we delay taking any action for any reason or if we do not notify you. For example we may waive your Interest Charges or fees without notifyin? you and without losing our right to charge them in the future. We may always enforce our rights later and may take other actions not listed in this Agreement if the law allows them. You do not have to receive notice from us of any waiver, delay, demand or dishonor. We may proceed against you before proceeding against someone else. Assinment. This Rgreement will be binding on, and benefit, any of your and our successors and assigns. You may not transfer your Account or your Agreement to someone else without our written permission. We may transfer your Account and this Agreement to another company or person without your permission and without prior notice to you. They will take our place under this Agreement. You must pay them and perform all of your obligations to them and not us. If you pay us after you are informed or learn that we have transferred your Account or this Agreement, we can handle your payment in any way we think is reasonable. This includes returning the payment to you or forwarding the payment to the other company or person. Glossary. *"Access Check" means any check we send to you to acc your Account. We may also refer to an Access Check as a "convenience check" or a "purchase check." *"Account" means your Card Account with us. *"Authorized User" means one or more persons who m use the Card but is not responsible for the repayment of Account. •"Balance Transfer" means a Transfer posted to the purchase Segment of your Account unless otherwise described in your Truth in Lending Disclosures. *"Billing Cycle" means a period of time that might vary in length but is approximately 30 days. The specific period of time is described on each Statement. However, you will have a Billing Cycle even if a Statement is not required. We will often specify a Billing Cycle by the month in which its closing date occurs as provided on the Statement. For example, a "March Billing Cycle" will have a closing date in March. We may also refer to a Billing Cycle as a "Billing Period." If your Account balance has charged off, we may switch to quarterly Billing Cycles to your Account. *"Business Day" means any day in which Capital One's offices are open for the processing of payments and credits *"Card" means any Capital One credit Card associated with you? Account, which includes all renewals and substitutions. It also means any other access device for your Account we give you that allows you to obtain credit, including any Account number and any Access Check. -"Cash Advance" means using the Card to obtain loans in cash or things we consider cash equivalents. Cash V a equivalents include wire transfers, travelers' checks, money orders, foreign currency, lottery tickets, gaming chips and wagers. Cash Advances are posted to the Cash Advance Segment of your Account and not to your purchase Segment. • "Fees" means charges imposed on your Account that are not based on the Annual Percentage Rates. • "Interest Charges" means any charges to yourAccount based on the application of Annual Percentage Rates. • "Item" means a check, draft, money order or other negotiable instrument you use to pay your Account. This includes any image of these instruments. This does not include an Access Check. .-Payment Card Network" means Visa Inc., MasterCard International Incorporated, or any other network provider displayed on the Card. • "Segments" means the different parts of your Account we may establish that are subject to unique pricing, grace periods or other terms. We create these parts of your Account for such things as your purchases, Cash Advances and Special Transfers. -"Special Transfer" means a Transfer posted to the Special Transfer Segment of your Account and not to your purchase Segment. • "Statement" means a document or information we provide to you showing Account information including, among other things, transactions made to your Account during a Billing Cycle. We might also refer to your Statement as a "Periodic Statement" or a "Billing Statement." -"Transfers" means balances transferred from other Accounts to this Account and includes Balance Transfers and Special Transfers. • "Truth in Lending Disclosures" means any Account information we provide to you that is required by the federal Truth in Lending Act and Regulation Z. These include your application and solicitation disclosures, Account opening disclosures, subsequent disclosures, Statements and change in terms notices, cap;;" * 2010 C;Otal Ore CaPital One ;, a gaily registered swke mark, All tights rC;rmm, RV600157 M-99488 BR t 65892 cor cures dgrxrnc,e e? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Portfolio Recovery Associates, LLC vs. Douglas D. Henderson OEF ?FkE IMOT 2012 JUL 16 AM 8= 0 ;U PENNSYLVAN A Case Numbe 2012-4082 SHERIFF'S RETURN OF SERVICE 07/06/2012 08:32 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on July 2012 at 2032 hours, she served a true copy of the within Complaint and Notice, upon the within name defendant, to wit: Douglas D. Henderson, by making known unto Dan Weaver, Step Brother of Defen at 8 W. Green Street, Shiremanstown, Cumberland County, Pennsylvania 17011 its contents and at t same time handing to him personally the said true and correct copy of the,sarfie. VALERIE WEARY,DEPUTY SHERIFF COST: $43.00 July 09, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF op Carrie A. Brown, Esquire Robert N. Polas Jr, Esquire Mark R. Garvey, Esquire Attorney ID # 94055/201259/312686 r a r Portfolio Recovery Associates, LLC t °� PROTHOP,U 120 Corporate Blvd 2O J _' Norfolk, VA 23502 H 9':145; Attorneys for Plaintiff CUMBERLAND cou , y PENNSYLVANIA, IN THE COURT OF COMMON PLEAS OF CUMBERLAND cOUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff No. 12 4082 v. DOUGLAS D HENDERSON 8 W GREEN ST SHIREMANSTOWN PA 17011 Defendant PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above-entitled case as discontinued without prejudice. Respe ily Submitted, i / ':ert N. Polas, Jr., Esquire PA Bar# 201259 Carrie Brown, Esquire PA Bar# 94055 Mark R. Garvey, Esquire PA Bar# 312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: (757) 518-0860 Attorneys for Plaintiff 11-97840 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. ! Carrie A. Brown, Esquire Robert N. Polas Jr, Esquire Mark R. Garvey, Esquire Attorney ID # 94055/201259/312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC • 120 CORPORATE BLVD • NORFOLK, VA 23502 • Plaintiff : No. 12 4082 v. • DOUGLAS D HENDERSON • 8WGREENST • SHIREMANSTOWN PA 17011 • Defendant • CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Discontinue upon DOUGLAS D HENDERSON, by First Class Mail, Postage Pre-Paid, a copy thereof on this day of , 2013, to: DOUGLAS D HENDERSON, 8 W GREEN ST, SHIREM• ► STOWN PA 17011 11-97840 •o.ert N. Polas, Jr., Esquire PA Bar# 201259 Carrie Brown, Esquire PA Bar# 94055 Mark R. Garvey, Esquire PA Bar# 312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: (757) 518-0860 Attorneys for Plaintiff This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose.