Loading...
HomeMy WebLinkAbout14-1122 Supreme Court of Pennsylvania Court d Common Pleas / r, - �" For Prothonotary Use Only: 1 1\ 1 1[ S I ANI P Ciri C � ver -Sleet Docket No: CUMBERS _ County The information collected on this form is used solely for court administration purposes. This form does not supplement or- replace thefiling and service ofpleadings or other a ers as required by law or rules of court. Commencement of Action: S R Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name: Lead Defendant's Name: PORTFOLIO RECOVERY ASSOCIATES, LLC GARY A MICULITA T 1 Dollar Amount re money damages requested. ®Yes ❑ N Requested: X within arbitration limits O q (Check one) outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No A Name of Plaintiff /Appellant's Attorney: Robert N. Polas, Jr./ Carrie Brown/ Mark R. Garvey ❑ Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Credit Card ❑ Board of Elections ❑ Nuisance ® Debt Collection: Other ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not include I S mass tort) ❑ Employment Dispute: E ❑ Slander/Libel/Defamation Discrimination ❑ Zoning Board C ❑ Other: El Employment Dispute: Other ❑ Other: T ❑ Other: I MASS TORT Q ❑ Asbestos N ❑ Tobacco REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - DES ❑ Toxic Tort - Implant E] Ejectment ❑Common Law /Statutory Arbitration B ❑ Toxic Waste E] Eminent Domain/Condemnation El Declaratory Judgment ❑ Other: E) Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Partition ❑ Replevin PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: ❑ Legal ❑ Medical ❑ Other Professional: M2 14 -68243 Robert 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 F Norfolk, VA 23502 �'�f, {EE,r,p TELE:I -866- 428 -8102 ", CoU N Ty FAX: (757) 518 -0860 � L VA q/,4 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 No. Plaintiff, V. GARY A MICULITA 2458 LOBACH DR MECHANICSBURG PA 17055 Defendant. NOTICE 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, and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice 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 WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service - CUMBERLAND County Bar Association Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 14 -68243 (717) 249 -3166 42 00 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 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Demandante, No. V. : GARY A MICULITA 2458 LOBACH DR MECHANICSBURG PA 17055 Demandado. NOTICIA USTED HA SIDO DEMANDADO/ A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar action dentro veinte (20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o obejciones a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un juzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamdo en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LAMME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON 1NFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS. QUE PEUDAN OFRECER SERVICIOS LEGAL A PERSONAS ELGIBLE UN HONORARIO REDUCIDO O GRATIS. Lawyer Referral Service - CUMBERLAND County Bar Association Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 14 -68243 Esta comunicacion es de un cobrador de deudas y es un intent do cobrar una deuda. Cualquier infrom.acion sera utilizada Para ese proposito. Robert 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 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. V. : GARY A MICULITA 2458 LOBACH DR MECHANICSBURG PA 17055 Defendant. COMPLAINT 1. Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 120 Corporate Blvd, Norfolk, VA 23502. 2. Defendant, GARY A MICULITA, is an adult individual with last known address of 2458 LOBACH DR, MECHANICSBURG PA 17055. 3. It is averred that Defendant was indebted to HSBC BANK NEVADA, N.A. / CAPITAL ONE, N.A. / METRIS on September 12, 2007 with account number * * * * * * * * * * * *4014 (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. This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. 5. At all relevant times material hereto, Defendant has used said Account for the purchase of products, goods and/or for obtaining services. 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 the Account. The last payment made on this Account was on July 10, 2012. 8. Plaintiff is the purchaser, assignee and/or successor in interest HSBC BANK NEVADA, N.A. / CAPITAL ONE, N.A. / METRIS and Plaintiff is now the holder of the Account. A true and correct copy of the Plaintiffs Bill of Sale is attached hereto and collectively marked as Exhibit "A." 9. 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 of $5,714.04. 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 of Plaintiff and against Defendant, GARY A MICULITA , in t ount of $5,714.04, us osts of this action and any other relief as the Court deems just and as ab . ie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, # 201259 Mark R. Garvey, Esquire, # 312686 Attorneys for Plaintiff 14 -68243 This communication is froth a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Michael La Douceur 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 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: JAN 21 2014 B y : Z C Mic hael La Douceur Custodian of Records 14 -68243 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. XHIBIT 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. PORTFOLIO RECOVERY ASSOCIATES, LLC 120 Corporate Blvd Norfolk, VA 23502 Telephone: 1- 866 - 428 -8102 Fax: (757) 518 -0860 Statement of Account Account: * * * * * * * * * ** *4014 GARY A MICULITA Account Holder: GARY A MICULITA 2458 LOBACH DR MECHANICSBURG PA 17055 Consumer Account Product Code: MC Issuer: HSBC BANK NEVADA, N.A. / CAPITAL ONE, N.A. / METRIS Assignee: Portfolio Recovery Associates, LLC Account Number: * * * * * * * * * ** *4014 Date Account Opened: September 12, 2007 Date of Last Payment: July 10, 2012 Date of Charge Off: January 31, 2013 Balance at Purchase: $5,714.04 Purchase Date: February 14, 2013 Balance at Charge -Off: $5,714.04 Less Payments: $.00 Balance Due: $5,714.04 14 -68243 HSBR40 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Exhibit 1 Forward Flow Receivable Sale Agreement dated 12/06/2012 BILL OF SALE Closing Date: 02/14/2013 Capital One, National Association ("Seller"), in consideration of a Purchase Price of and other valuable consideration, the receipt of which is hereby acknowledged, hereby sells, assigns and transfers all right, title and interest in the Accounts identified in the Sale File entitled ' _ _ _ _ . " i (which maybe in electronic form) to Portfolio Recovery Associates, LLC and its affiliates and its subsidiary entities ("Buyer"), without recourse or representation except as expressly provided herein or on the terms, and subject to the conditions, set forth in the Agreement (as defined below). This Bill of Sale is delivered pursuant to that certain Forward Flow Receivable Sale Agreement, dated as of 12/0612012, by and between Seller and Buyer (the "Agreement). All capitalized terms used, but not defined; in this Bill of Sale shall have the meanings assigned to such terms in the Agreement The Cutoff Date for the Sale File was 02/11/2013. The aggregate Unpaid Balance of the Accounts as of the Cutoff Date was' CAPITAL ONE, NATIONAL ASSOCIATION By: N : John H. Maurer Title: Vice President � COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION —LAW PORTFOLIO RECOVERY ASSOCIATES, LLC Plaintiff v. Gary A. Miculita Defendant No. 14 -1122 Notice to Plead To: Portfolio Recovery Associates, LLC You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered against you N Dzim Gary . r is " a, Jr. Answer and New Matter Defendant, Gary A. Miculita, Jr., answers the Complaint filed in this action as follows: 1. Defendant admits everything is true. 2. Defendant admits everything is true. 3. Defendant admits everything is true. 4. Defendant admits everything is true. 5. Defendant admits everything is true. 6. Defendant admits everything is true. 7. Defendant doesn't know if the information in paragraph 7 of the Complaint is true or false. Defendant has no way to figure out if the information is true or false. Since he doesn't know if the information is true or false, he denies that the information is true. He demands that Portfolio Recovery. Associates, LLC should be required to prove the information is true at a hearing. 8. Defendant doesn't know if the information in paragraph 8 of the Complaint is true or false. Defendant has no way to figure out if the information is true or false. Since he doesn't know if the information is true or false, he denies that the information is true. He demands that Portfolio Recovery Associates, LLC should be required to prove the 'information is true at a hearing. ncurcr onri (Male, fi113#ar Dona 1 of .J 9. Defendant doesn't know if the information in paragraph 9 of the Complaint is true or false. Defendant has no way to figure out if the information is true or false. Since he doesn't know if the information is true or false, he denies that the information is true. He demands that Portfolio Recovery Associates, LLC should be required to prove the information is true at a hearing. 10. Defendant admits everything is true. 11. Defendant admits everything is true. WHEREFORE, Defendant, Gary A. Miculita, Jr., requests this Court to enter a judgment in his favor and against Portfolio Recovery Associates, LLC. New Matter First Defense: Lack of Standing 12. Defendant repeats all the statements in the previous paragraphs as if typed in full here. 13. Portfolio Recovery Associates, LLC is not the original credit card company with which Defendant opened this account. (HSBC Bank Nevada was the original creditor.) 14. Defendant never signed a contract or other papers with Portfolio Recovery Associates, LLC in which agreed or promised to pay Portfolio Recovery Associates, LLC for this debt. 15. Unless Portfolio Recovery Associates, LLC can show how it became the owner of Defendant's account, and show the legal paperwork to prove it, the court must dismiss this case against the Defendant. WHEREFORE, Defendant, Gary A. Miculita, Jr., asks the Court to: A. Enter a judgment in his favor and against Portfolio Recovery Associates, LLC; and B. Grant any other relief as the Court deems just and proper. Second Defense: Disputed amount 16. Defendant repeats all the statements in the previous paragraphs as if typed in full here. 17. Defendant disputes the amount that Portfolio Recovery Associates, LLC says Defendant owes. 18. Defendant believes the amount is wrong because: A ncu,er one.' Mai Matter Pone ') of Q a) the amount of interest, or the rate of interest, is too high; b) the fees (like late and over -limit fees) are too much or should not have been added; and c) there are no calculations or enough information to prove how much Defendant owes 19. Portfolio Recovery Associates, LLC must provide proof of the exact amount Defendant owes by presenting evidence of what charges were made and how the amount was calculated. WHEREFORE, Defendant, Gary A. Miculita, Jr., asks the Court to: A. Enter a judgment in his favor and against Portfolio Recovery Associates, LLC; and B. Grant any other relief as the Court deems just and proper. Verification I verify that the facts stated in this Answer and New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements in this Motion are subject to the penalties of 18 Pa.C.S.A. §4904, relating to unswom falsification to authorities. Date: .3 /r 420/ Gary A. Miculi , Jr_ 2458 Loba Drive Mechani burg, PA 17055 Ariewar end Klezuu Mutter Pane q of '2 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC PLAINTIFF v. No. 14 -1122 GARY A. NIICULITA DEFENDANT Certificate of Service I hereby certify that I have this day served a true copy of the foregoing document upon the parties, listed below, in accordance with the requirements of § 440 Pennsylvania Rules of Civil Procedure (service of legal papers). 1. PORTFOLIO RECOVERY ASSOCIATES, LLC 120 Corporate Blvd Norfolk, VA 23502 Service Used: Certified United States Mail Dated this March 14th, 2014 Defendant Gary A. Miculita Jr., Esquire #90416 2458 Lobach Drive Mechanicsburg, PA 17055• 717 - 795 -6282 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ow at (irvnt+�r�t r OFFICE OF ThE SHERIFF C) —4 C:' c: "" + ✓_ C°)+"� Portfolio Recovery Associates, LLC vs. Gary A Miculita Case Number 2014 -1122 SHERIFF'S RETURN OF SERVICE 02/28/2014 02:26 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Gary A Miculita at 2458 Lobach Drive, Upper Allen, Mechanicsburg, PA 17055. SHERIFF COST: $39.30 SO ANSWERS, March 05, 2014 RONNY R ANDERSON, SHERIFF (c) Cour tySu to Sheriff, 1eleoso €f, Inc Carrie A. Brown, Esquire PA Bar #:94055 Robert N. Polas, Jr, Esquire PA Bar #: 201259 Mark R. Garvey, Esquire PA Bar #: 312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866-428-4102 FAX: 757-518-0860 Attorneys for Plaintiff '.ED -OFFICE O THE PROTHONOTARY 4 JUN 30 AN IC; Q3 CUMBERLAND COUNTY 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 v. GARY A MICULITA 2458 LOBACH DR MECHANICSBURG, PA 17055 Defendant : No. 14-1122 CIVIL PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS Plaintiff demands that Defendant answer and respond to the following Request for Production of Documents under oath pursuant to the Pennsylvania Rules of Civil Procedure within 30 days from the date of service hereof. Plaintiff also demands that Defendant answer and respond to the following Request for Admissions pursuant to Pa. Rule of Civil Procedure 4014. You are requested to admit the truth of each of the statements of fact hereinafter stated. You are instructed that: , 1. These requests are made under Pennsylvania Rules of Civil Procedure 4001, et seq., and each of these matters of which an admission is requested shall be deemed admitted unless your sworn statement in compliance with such Rules is timely made. 2. If you do not admit each of such statements, you must specifically deny each one not admitted or set forth in detail the reasons why you cannot truthfully either admit or deny each such matter. 3. Your answer, signed and properly verified, must be delivered to the undersigned attorney of record for the Plaintiff within thirty (30) days after delivery hereof. 4. If you fail or refuse to admit the truth of any such statement of fact and the Plaintiff thereafter proves the truth thereof, you may be required to pay the reasonable expenses incurred in making such proof, including attorneys' fees, witness expenses, etc. 5. If, in response to any of the following statements of fact, it is your position that the statement is true in part or as to some items, but not true in full or as to all items, then answer separately as to each part or item. 6. If you have been sued in more than one capacity or if your answers would be different if answered in any different capacity, such as partner, agent, corporate officer or director or the like, then you are requested to answer separately in each such capacity. Failure to do so constitutes an admission in any such capacity. 7. In these Requests for Admissions: A. The word "person(s)" means all entities, and, without limiting the generality of the foregoing, includes natural persons, joint owners, associations, companies, partnerships, joint ventures, trusts, and estates; B. The word "documents(s)" means all written, printed, recorded, graphic, or photographic matter, or, sound reproductions, however produced or reproduced, pertaining to any manner to the subject matter indicated; C. The words "identity", "identify", "identification", when used with respect to a person(s) means to state the full name and present or last known address and business address of such person(s) and, if an actual person, his present or last known job title, and the name and address of his present or last known employers; D. The words "identity", "identify", "identification", when used with respect to a dated, subject matter, name(s) or person(s) that wrote, signed initialed, dictated or otherwise participated in the creation of the same, the name(s) of the addressee or addressees if any and the name(s) and address(es) of each person who have possession, custody, and control of said document(s). If any such document was, but is no longer in possession, custody, or control, or in existence, state the date and manner of its disposition; and E. The word "identify", when used with respect to an act (including an alleged offense), occurrence, statement, or conduct (hereinafter collectively called "act"), means to (1) described the substance of the event or events constituting such an act, and to state the date when such an act occurred; (2) identify each and every person(s) participating in such an act; (3) identify all other person(s) (if any) present when such an act occurred; (4) state whether any minutes, notes, memoranda, or other record of such act was made; (5) state whether such record now exists; and (6) identify the person(s) presently having possession, custody or control of such record. 8. Unless otherwise indicated, all Requests herein relate to those certain events, persons, and period of time more fully described in the pleading in this case. 9. These requests are of a continuous nature. These Requests for Production of Documents shall be deemed continuing so as to require supplemental answers and documents if any information of documents are acquired subsequent to the filing of responses hereto, which information or documents would have been included in the answers and documents produced had it been known or available at the time the answers and the documents provided pursuant hereto produced. Defendants shall supply such information and documents by supplemental answers and production of documents as soon as such information becomes known or available and in all events, prior to trial of this action. If objection is made to any requests for production of documents, it is demanded that the requests for which there is no objection be answered and furnished within the aforesaid period. All documents identified in response hereto shall be organized and labeled to correspond with the request to which it pertains. For all documents produced, list the individual and his or her job title and department from whose file it was produced and all current custodian of said document. If a document called for it is believed to exist or is known to exist, but is in the possession, custody or control of another person or party, the existence of the document, the identity of the possessor, custodian and one in control of such documents shall be provided along with any applicable common description or citation utilized by the publisher, possessor, custodian, or disseminator of such document. If any document called for by this request is withheld on the basis of any claims of privilege or any similar claim, identify that document as follows: author, addressee; indicated or blind copies, dated, subject matter; number of pages; attachments or appendices; all persons to whom distributed, shown or explained; present custodian; and nature of the privilege or similar claim asserted. REQUEST FOR PRODUCTION OF DOCUMENTS 1: Produce any and all documents evidencing proof of all payments on the subject credit card referenced in the Complaint, including, but not limited to, cancelled checks, receipts, coupons, statements, accountings, memoranda, invoices, financial statements, accounting entries, diaries, charts, lists, phone records, data compilations etc. REQUEST FOR PRODUCTION OF DOCUMENTS 2: Produce any and all documents you intend and/or provide testimony on as evidence at the time of the trial. REQUEST FOR ADMISSION NO. 1: Defendant applied for the Credit Card referenced in the Complaint. Admitted Denied If the answer to Request for Admissions No. 1 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 2: Defendant has failed to make all required payments on the credit card. Admitted Denied If the answer to Request for Admissions No. 2 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 3: The attached monthly statement correctly identifies the payments, charges, and balance on the account. Admitted Denied If the answer to Request for Admissions No. 3 is "denied", then supply copies of canceled checks, both front and back, and/or if not available, specific written documentation supporting the denial.. REQUEST FOR ADMISSION NO.4: Defendant has not submitted any written dispute as to the billing inaccuracy concerning the credit card in question during the time the account was opened on September 12, 2007 until the last payment date of July 12, 2012. Admitted Denied If the answer to the Request for Admissions No. 4 is "denied", then supply copies of specific written disputes as to any billing inaccuracies REQUEST FOR ADMISSION NO. 5: $5,714.04 is the correct and accurate balance of the credit card account in question at the time the account was charged off. Admitted Denied If the answer to Request for Admissions No. 5 is "denied", then supply specific written documentation supporting the denial and indicate with full explanation what you believe to be the correct balance on the account. REQUEST FOR ADMISSION NO. 6: 6. Please admit that you agreed to pay Plaintiff's predecessor all amounts due resulting from the use of your credit card account, including any finance charges and other charges due under the terms of the agreement. Admitted Denied If the answer to Request for Admissions No. 6 is "denied", then supply specific written documentation supporting the denial and indicate with full explanation what you believe to be the correct balance on the account. REQUEST FOR ADMISSION NO. 7: 7. Please admit that for each month you had a balance on your credit card account, you were sent, by mail or otherwise, a bill, statement of account, invoice or other request for payment showing all transactions billed to your account during the billing period. Admitted Denied If the answer to Request for Admissions No. 7 is "denied", then supply specific written documentation supporting the denial and indicate with full explanation what you believe to be the correct balance on the account. INTERROGATORIES 1. Please identify the person(s) answering these Interrogatories. ANSWER: 2. Please identify each and every person that has assisted you in responding to these Interrogatories. ANSWER: 3. Separately, for each of your answers to Requests for Admissions 1 through 9 above where your answer is anything other than an unqualified admit, please: a. State each fact known to you upon which you rely to support your denial or qualified answer; b. If your response is that you do not have sufficient information or knowledge to admit or deny, then describe each effort you have made to acquire the information you feel would be necessary to admit or deny the request; c. Identify each document known to you which you believe contains information relevant to your answer; and d. Identify each witness known to you who may have knowledge with respect to the information upon which you rely for your denial or qualified answer and as to each witness, state the information you believe is known to them with respect to your answer. ANSWER: 4. If you filed affirmative defenses to Plaintiff's Complaint, separately for each defense, please: a. State the factual basis that supports your defense; b. Identify each document known to you which you believe contains information relevant to your defense; and c. Identify each witness known to you who may have knowledge with respect to the information upon which you rely for your defense and as to each witness, please state the information you believe is known to them with respect to your defense. ANSWER: 5. Have you ever requested Plaintiff's predecessor to open a credit card account in your name? If so, please state the credit card account number(s). ANSWER: 6. Are you aware of any credit card accounts with Plaintiff's predecessor opened in your name? If so, please state the credit card account number(s). ANSWER: 7. Have you ever made a purchase or obtained a cash advance by using a card, account number and/or account access check issued by Plaintiff's predecessor? If so, please state the credit card account number(s) and the date(s) of the purchase or cash advance. ANSWER: 8. Has Plaintiff's predecessor ever sent to you, by mail or otherwise, any bills, statements of account, invoices or other requests for payment? If so, identify each document and state whether you objected to it. If you have objected, identify each objection, including whether it was written or oral. ANSWER: 9. Have you ever objected, in writing or otherwise, to any bills, statements of accounts or invoices you were sent? ANSWER: 10: If you keep records of purchases or payments with respect to your credit 'card account with Plaintiff's predecessor, do these records show a balance owing on the account? If so, what is that balance? ANSWER: 11. Is there any portion of Plaintiff's claim that you admit you owe? If so, state the amount that you admit you owe to Plaintiff and any facts that support your claim that you do not owe the rest of Plaintiff's claim. ANSWER:. 12. If you claim that the account on which Plaintiff is suing is inaccurate, specify each inaccuracy and any facts that support; your conclusion that the account is inaccurate. ANSWER: Respectfully Submitted, By: Carrie A. Brown, Esquire #94055 Robert N. Polas Jr., Esquire #201259 Mark R. Garvey, Esquire #312686 ptt Exhibit 1 Forward Flow Receivable Sale Agreement dated 12/06/2012 BILL OF SALE Closing Date: 02/14/2013 Capital One, National Association ("Seller"), in consideration of a Purchase Price of `-- and other valuable consideration, the receipt of which is hereby acknowledged, hereby sells, assigns and transfers all right, title and interest in the Accounts identified in the Sale File entitled T " "`— -- ;which may be in electronic form) to Portfolio Recovery Associates, LLC and its affiliates and its subsidiary entities ("Buyer"), without recourse or representation except as expressly provided herein or on the terms, and subject to the conditions, set forth in the Agreement (as defined below). This Bill of Sale is delivered pursuant to that certain Forward Flow Receivable Sale Agreement, dated as of 12/06/2012, by and between Seller and Buyer (the "Agreement"). All capitalized terms used, but not defined; in this Bill of Sale shall have the meanings assigned to such terms in the Agreement. The Cutoff Date for the Sale File was 02/11/2013. The aggregate Unpaid Balance of the Accounts as of the Cutoff Date was CAPITAL ONE, NATIONAL ASSOCIATION B N e: John H. Maurer Title: Vice President Credit Card Agreement for VISA Signature° and World MasterCard° in Capital One° N.A. There are two parts to this Credit Card Agreement: Capital One Pricing Information and the Capital One Customer Agreement. The Pricing Information shows a range of terms that includes both mail and online offers for new accounts available under this Agreement as of March 30, 2012. The combination of terms that could apply to you will differ depending on the specific card offer and on your creditworthiness at the time of application. Not all offers will contain introductory rates. The Customer Agreement contains important information related to Visa Signature and World MasterCard consumer credit cards issued by Capital One N.A. Please visit www.capitalone.com to view our online credit card offers. If you are a current Capital One cardholder, please log in to your account if you would like to request the Credit Card Agreement for your account(s). CAPITAL ONE® PRICING Annual Percentage Rate (APR) for Purchases INFORMATION Introductory rate of 0% ranging from 9 months to 12 months. Non -introductory rates between 11.9% and 19.9%. Some Purchase APRs may vary with the market based on changes in the Prime Rate. APR for Transfers Non -introductory rates between 11.9% and 19.9%. Transfer APRs may vary with the market based on changes in the Prime Rate. APR for Cash Advances 24.9%. Cash Advance APRs may vary with the market based on changes in the Prime Rate. Penalty APR and When It Applies 29.4%. Penalty APRs may vary with the market based on changes in the Prime Rate. This APR maybe applied to your account if you make a late payment. How Long Will the Penalty APR Apply? if APRs are increased for a payment that is more than 60 days late, the Penalty APR will apply indefinitely unless you make the next six consecutive minimum payments on time following the rate increase. Paying Interest Your due date is at least 25 days after the close of each billing cycle. We will not charge interest on new purchases provided you have paid your previous balance in full by the due date each month. We will begin charging interest on cash advances and special transfers on the transaction date. Minimum Interest Charge if you are charged interest, the charge will be no less than $0.50. Annual Fee $0. Transaction Fees • Cash Advance Fee • Foreign Transaction Fee The greater of either $10 or 3% of the amount of each cash advance. None. Penalty Fees • Late Payment • Over -the -Credit -Limit • Returned Payment Up to $35. $0. Up to $35. How We Will Calculate Balances: We use a method called "average daily balance" (including new purchases). See How Do You Calculate the Interest Charge? below for more details. Loss of Introductory APR: We may end your Introductory APR and apply the Penalty APR if you make a late payment. Things You Should Know About These Offers Can You Change My Account Terms? We can change the terms of your account as permitted by law. When required, we will send you notice before doing so. ICA358_CAA_Fed_Format_Aprfl2012.tndd 1 (0) 4/5/12 4:21 PM I � I How Do You Calculate Variable Rates? Variable rates may change when the Prime Rate changes. We calculate variable rates by adding a percentage to the Prime Rate published in The Wall Street Journal on the 25th day of each month. If theJournal is not published on that day, then see the immediately preceding edition. If Prime changes, your new rate will take effect on your next billing period. If your offer discloses a variable rate that changes quarterly, your new rate will take effect on the first day of your January, April, July and October billing periods. If the APR associated with an offer is variable, the APR will equal: Non -introductory Purchase APR - Prime plus a margin between 8.65% and 16.65%. Non -introductory Transfer APR - Prime plus a margin between 8.65% and 16.65%. Cash Advance APR - Prime plus 21.65%. Penalty APR - Prime plus 26.15%. What Are The Daily Periodic Rates Used To Calculate My Interest? The daily periodic rate for your Introductory Purchase APR would be 0%, Non -introductory Purchase APR would be between .0326% and .05452%, Transfer APR between .0326% and .05452%, Cash Advance APR .06822% and Penalty APR .08055%. How Can I Avoid Paying Interest Charges? Each month you pay your "New Balance" in full by the due date, 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 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 if 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. How Do You Calculate The Interest Charge? For each segment of your account, we calculate your total interest charge by multiplying your average daily balance by the daily periodic rate and multiplying the result by the number of days in the billing period. Due to rounding or a minimum interest charge, this calculation may vary slightly from the interest charge actually assessed. We determine your daily periodic rate by dividing the corresponding Annual Percentage Rates by 365 and rounding to the nearest 1/100,000th of 1%, not to exceed the maximum allowed by applicable law. If the daily periodic rates and corresponding Annual Percentage Rates increase, the interest charge will increase and your minimum payment may be greater. To determine your average daily balance: 1) add the daily balances together and 2) divide the sum by the number of days in the billing cycle. To determine your daily balance: 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 as of that day. However, if you paid your previous month's balance in full (or if 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 are not added to the daily balances. © 2012 Capital One. Capital One is a federally registered service mark. All rights reserved. Products and services offered by Capital One N.A. Capital One supports information privacy protection: see our website at www.capitalone.com. MasterCard is a registered trademark of MasterCard International Incorporated. Visa and Visa Signature are registered trademarks of Visa International Service Association and used under license. CA358_CAA_Fed_Format_Apri12012.indd 2 4/5/12 4:21 PM Capital One° Customer Agreement Welcome to Capital One.® 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," "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 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) any 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. ICA358_CAA_Fed_Format_Apn12012.indd 3 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. Your Revolving Credit Line and Spending. Your Account features no over limit Fees for additional spending flexibility. While transactions in excess of your revolving credit line will not result in an over limit Fee, they will be immediately due and payable in your next periodic Statement. The revolving credit line is the maximum amount you can borrow and choose to repay over time. Transactions and Fees in excess of your revolving credit line may not be honored. If honored, however, they will be subject to this Agreement. Any transactions honored in excess of your revolving credit line will not result in an increase of your revolving credit line unless we expressly notify you otherwise. Your initial revolving credit line will be disclosed when your Account is opened. Unless required by law, we may increase or decrease your revolving credit line at any time without prior notice to you, may limit the credit available for Cash Advances or may take away your ability to obtain Cash Advances. Your current revolving credit line will be identified in your periodic Statements. 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 will 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 and 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 organization. You must not use, or try to use, the Card for any Internet gambling transactions or transactions that are illegal or not permitted by us. You will still be responsible if you do. In addition, these transactions will be subject to this Agreement, and you might have to reimburse the Payment Card Network 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. 4/5/12 4:21 PM I Rewards. Your Account might provide you with the opportunity to earn rewards. If it does, we will separately provide you with all information and terms about your rewards. We will include on your Statements all rewards you have earned. It might take up to two Billing Cycles for your earned rewards to appear on your Statement. 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. CA358_CAA_Fed_Format_ApriI2012.indd 4 () i 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 we do, we will tell you about these limitations before adding any new Authorized User on your Account. Once we add an Authorized User to your Account, we may discuss your Account with them and provide them with Account information. You will be responsible for the Authorized User's use of the Card and your Account as well as anyone else they allow to use your Card or Account. This will be true even if you did not want, or agree to, 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 not 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 Card with a new Account number. Your Promise to Pay. You promise individually and jointly to pay us all amounts due on your Account. This includes amounts where you did not sign a purchase slip or other documents for the transaction. If you use your Card number without presenting your actual Card (such as for mail, telephone or Internet purchases), this will be treated the same way as if you used the Card in person. If you let someone else use your Card, you are responsible for all transactions that person makes. 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 Cycle 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; 4/5/12 4:21 PM (2) not pursueanydaimorneimbucement from the merchant and that othand (3) help us pursue and get reimbursement from the merchant and that other person; r 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 Changes 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 le or thefirst 00nCycle 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. • Returned Payment FeWe may charge you this Fee each time any payment you make to us is not paid by your financial institution forreason, uany. • 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 ou obtain a Cash Advance. This Fee will be treated as a Cash Advance transaction. • Transfer FeeWe may charge you this Fee each time you obtain a TransferThis Fee will be treated either as a ecial Trafer or purchasetmnsac1iondependingonthe Segment in 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 Card Nerk 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 currenexchange rate or charge any additional currencyconversmnress. No Warranties. Except as otherwise provided in the "Billing Rights Summary" part of yourStatements' 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 areenttledtoarefundforgoodsorsemicespurchmsed with your Card, you will accept these refunds as credits to the purchase Segment of your Account. We do not control when a merchant sends us your refund. We will also have a reasonable amount of time after we receive your refund to process it. Minimum mmt Your Statement will provide instructions for making payments, including the amounts due and the due date for receiving your payment. If applicable, your Statement will also include a minimum payment amount. To avoid a late payment Fee, you must pay us at least this minimum payment amount by the due date provided in the Statement. If you exceed your revolving credit limit, we may request a higher minimum payment from you. In addition to the minimum payment, you may pay all or part of the total balances on your Account. However, you must still pay at least the minimum paymentamounteach month, even if you paid greater than the minimum on the previous Statement. We will continue to charge Interest Charges during Billing Cycles whenbalance d| of whether your Statement includes a minimum payment that is due. If your Account is 180 days past due, part of a bankruptcy proceeding or otherwise charges off, the entire balance is immediately due and payable. Making Payments. Your payments must be in U.S. dollars from a U.S. deposit account and otherwise be acceptable to us. We do not accept cash payments through the mail. You may not make payments with funds from your Account or another credit account with us or any other company within the Capital One organization. Mailed Payments. You must mail payments to us at the address provided on your Statement or as otherwise instructed by us or our agents. We will credit it to your Account on the day we receive it, if: (1) you send the payment coupon included with your Statement in the same envelope with your payment; (2) you include your Account number on your payment; and (3) your payment arrives at 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 receive payments, any payment received the next day which conforms to the above requirements will not be treated as late. Please allow at least 7 days for postal delivery. Unless we or our agents specifically instruct you to remit payment in a different manner, payments received at any other location or in any other form might not be credited for up to 5 days. This might cause you to be charged late payment Fees and additional Interest Charges. Faster Payment Services. We may make services available that allow you to make faster 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 use them. You do not have to use these other payment services, 4/5/12 4:21 PM and we may charge you a Fee for using them. If we do, we will tell you the amount of the Fee at the time you request the service. We are not responsible if a payment made using our payment services is rejected or not paid. Even if it is, we may still keep the Fee. If you give your Account number or other Account information to someone else to make a payment for you, we may provide Account information to them and process their payment as if 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 lower 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 cleared. We may reduce the amount of any credit balance by any new amounts billed to your Account. You may contact us as provided on your Statement and request a refund of any available credit balance. If you contact us in writing, we will refund your credit balance within 7 Business Days from our receipt of your written request. CA356_CAA_Fed_Format_Apri12012.indd 6 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, and fail to immediately repay the amount over, your revolving credit line by the following due date; (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 your Account. Remember, paying the Fees charged in connection with a default will not by itself cure the default. In addition, if you are in default, we may take the following actions without notifying you, unless the law says that we must notify you: (1) 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' fees 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 unless the law says that we cannot. For example, we may: (1) contact you by mail, telephone, email, fax, recorded message, text message or personal visit; (2) contact you 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 holidays; (6) contact you with any frequency; (7) leave prerecorded and other messages on your answering 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 unsolicited 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 4/5/12 4:21 PM we choose. When you give us or we obtain your mobile telephone number, we may contact you at this number using 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 are 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 you are not in default. A suspension of your Account might be permanent or temporary. If your Account is closed or suspended for any reason, you must stop using your Card. You must also cancel all billing arrangements to the Account. We will not do this for you. If we close or permanently suspend your Account, you must also destroy all Cards. You must 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 your Account for unauthorized charges made using your Card, you will help us investigate, pursue and get reimbursement from the wrongdoer. Your help includes giving us documents that we ask for and that are acceptable to us. 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 CA358_CAA_Fed_Format_April2012.indd 7 increase your Interest Charges for any other reason we will notify you in writing. If we increase your Fees or other terms of your Account 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 notifying you and without losing our right to charge them in the future. We may always enforce our rights later and may take other actions not listed in this Agreement if the law allows them. You do not have to receive notice from us of any waiver, delay, demand or dishonor. We may proceed against you before proceeding against someone else. Assignment. This Agreement will be binding on, and benefit, any of your and our successors and assigns. You may not transfer your Account or your Agreement to someone else without our written permission. We may transfer your Account and this Agreement to another company or person without your permission and without prior notice to you. They will take our place under this Agreement. You must pay them and perform all of your obligations to them and not us. If you pay us after you are informed or learn that we have transferred your Account or this Agreement, we can handle your payment in any way we think is reasonable. This includes returning the payment to you or forwarding the payment to the other company or person. Glossary. •"Access Check" means any check we send to you to access your Account. We may also refer to an Access Check as a "convenience check" or a "purchase check." •"Account" means your Card Account with us. •"Authorized User" means one or more persons who may use the Card but is not responsible for the repayment of the Account. •"Balance Transfer" means a Transfer posted to the purchase Segment of your Account unless otherwise described in your Truth in Lending Disclosures. 4/5/12 4:21 PM I � I •"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 your Account, which includes all renewals and substitutions. It also means any other access device for your Account we give you that allows you to obtain credit, including any Account number and any Access Check. •"Cash Advance" means using the Card to obtain loans in cash or things we consider cash equivalents. Cash equivalents include wire transfers, travelers' checks, money orders, foreign currency, lottery tickets, gaming chips and wagers. Cash Advances are posted to the Cash Advance Segment of your Account and not to your purchase Segment. •"Fees" means charges imposed on your Account that are not based on the Annual Percentage Rates. •"Interest Charges" means any charges to your Account 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. CA358_CAA_Fed_Format_Apd12012.indd 8 •"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. © 2012 Capital One Capital One is a federally registered service mark. All rights reserved. 358 4/5/12 4:21 PM AFFIDAVIT OF ASSIGNMENT I am a Representative of Capital One Bank (USA), National Association (the "Seller") which owned the account of the customer(s) named below under the account number specified. The account was subsequently sold, assigned and transferred to Portfolio Recovery Associates, LLC. on or about 02/25/2013. The statements in this affidavit are based on the computerized and hard copy books and records of the Seller, maintained in the ordinary course of business, the entries having been made by a regularly operated business. The affiant is authorized to make the statements and representations herein. Customer(s): GARY A MICULITA JR Account Number: 4014 A computerized ending balance and last payment date were maintained on the Seller's database. The end balance showing on the books and records of the Seller at the time of the assignment of the account to Portfolio Recovery Associates, LLC. was $5,714.04 on or about 02/25/2013. The date of charge off for the account showing on the books and records of the Seller was 01/31/2013. Dated this day ofJ4'C Sheila Matt ews sworn toforea this 1 day of NOTARY PUBLIC ,,(( My Commission expires: \\\‘ .:11:u. �,NE1AA a /, IXP!RE O. aUG, 13.2or5 r •O /// `<'°F l a lot. Avy 10 `\��� Template: Forward Flow COF Affidavit HSBC m IL Page 1 of 1 DIRECTMERCHANTS BANK Account Statement Account Number 4014 December 26. 20111111,1 2013 SUMMARY OF ACCOUNT ACTIVITY Previous Balance $5,605.00 Credit Limit $S.000AO Payments $0.00 Credit Available $0.00 Other Credits - $0.00 Cash Advance Limit V $1,250.00 Purchases/Debits + $0.00 Cash Advance Available $0.00 Cash Advances + $0.00 Statement Closing Date 01/25/2013 Past Due Amount $1.101.00 Days in Billing Cycle 30 Fees Charged + $0.00 Interest Charged + $109.04 New Balance $5,714.04 \Cash Advance Limit is a portion of Total Credit Limit Questions? Customer Service: Lost/Stolen Card: Outside USA Collect: TDD/Hearing Impaired: PAYMENT INFORMATION New Balance - -- — — — — - — ------- — — $5,714:6-4-- 5,714.04Minimum Payment Due $1,268.00 Minimum Payment Due Date 02/20/2013 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $35 and your APRs may be increased up to the Penalty APR of 29.99%. Minimum Payment Waming: 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 balance. For example: If you make no additional charges using this card and each month you pay... You will pay off the balance shown on this statement in about... And you will end up paying an estimated total of... Only the minimum payment 19 Years $14785.00 $223.00 3 Years $8016.00 (Savings=$6769.00 If you would like information about credit counseling services, call 1-866-569-2227. Payment Address:Payment Center, PO Box 71105, Charlotte, NC 28272-1105 800-379-7999 Billing Inquiries: Cardmember Services, PO Box 5894, Carol Stream, IL 60197-5894 800-379-7999 Manage Your account online at www.AccountCentralOnline.com 904-997-4997 877-902-0967 IMPORTANT INFORMATION TOTAL INTEREST CHARGES PAID IN 2012 $609.30 YOUR ACCOUNT IS CURRENTLY CLOSED. AS A REMINDER, YOU MAY PAY YOUR CREDIT CARD BILL ONLINE OR THROUGH OUR AUTOMATED PHONE SYSTEM FOR NO FEE. The HEXAGON DESIGN® (AND VARIATIONS), HSBC®, THE WORLD'S LOCAL BANK®, HOUSEHOLD® (AND DESIGN) and HOUSEHOLD BANK® Eareregistered trademarks of HSBC Holdings plc or HSBC Finance Corporation and are used by Capital One by permission. Capital One is the issuer of this account. e TRANSACTIONS Trans Date Post Date Description of Transaction or Credit Reference Number Amount TOTAL FEES FOR THIS PERIOD Fees Interest Charged 01/25 01/25 Interest Charge on Purchases 01/25 01/25 Interest Charge on Cash Advances TOTAL INTEREST FOR THIS PERIOD $0.00 $80.85 $28.19 $109.04 2013 Totals Year to Date Total Fees charged in 2013 Total Interest charged In 2013 $0.00 $109.04 INTEREST CHARGECALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Purchase Cash Advances (a) = Variable Rate Annual Percentage Rate (APR) Balance Subject to Interest Rate Interest Charge Promotional Balance 21.99% (v) $4,474.06 28.99% (v) $1,183.46 $80.85 $28.19 N/A N/A 5994 DOH 1 7 17 130125 0 E X PAGE I of 1 1 0 8800 1500 C302 O1CU5994 DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT. HSBC ID 'Your account is over the credit limit. Please pay your total due of $1,268.00. which includes your Minimum Payment Due and any additional Over the Credit Limit and/or Past Due amounts. GARYA MICULITA JR 2458 LOBACH DR MECHANICSBURGPA 17055-5376 Irtllihlruhdlllllrllllrlllllrllrrnyrllll4 Idh4nl New Address or Phone Number? Please check the box and enter your new information on reverse side 904 SEE REVERSESIDE FOR IMPORTANT INFORMATION Account Number: New Balance Minimum Payment Due Payment Due Date 014 $5,714.04 $1,268.00' 02/20/2013 Include account number on check to: Card Services Do not send cash. Please send your payment 7 to 10 days prior to the payment due date to ensure timely delivery. AMOUNT ENCLOSED n-1 PAYMENT CENTER PO BOX 71105 CHARLOTTENC 28272-1105 IIIIII1II1l Ihlilllhurrllldlrllllllllllllllllllnrllill4rll111 4014 What To Do if You Think You Find a Mistake on Your Statement If you think there is an error on your statement, write to us on a separate sheet of paper at the billing inquiries address listed on the front of this billing statement. In your letter, give us the following information: • Account information: Your name and account number. • Dollar amount: 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 notify us of any potential errors in writing. You may call us, 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 charge you interest on that amount. But, if 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, you are responsible for the remainder of your balance. • We can apply any unpaid amount against your credit limit. Your Rights ii You Are Dissatisfied With Your Credit Card Purchases If 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 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check Mat 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 in writing at the billing inquiries address on the front of this billing statement. While we investigate, the same rules apply to the disputed amount as discussed above. Atter we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. How to Avoid Paying Interest on Purchases (Grace Periods on Credit Card Purchases): Periodic Interest Charges begin to accrue on the date of the transaction and continue to accrue until your balance is paid in full. However, if you pay your entire New Balance shown by the Payment Due Date in the previous month, you can pay your current month's New Balance by the Payment Due Date without being assessed an Interest Charge on your purchases. Paying Interest on Other Transactions (No Grace Period on other transactions): There is no Grace Period for other transactions including cash advances, balance transfers, and credit card checks. Periodic Interest Charges begin to accrue on the date of the transaction, and continue to accrue until payment in full is credited to your Account. How We Calculate Interest Charges: We calculate the periodic Interest Charge on your Account by multiplying the applicable Daily Periodic Rate by the Average Daily Balance for each category of transactions shown on your billing statement (e.g., purchases, balance transfers, cash advances); the results are then multiplied by the number of days in the billing cycle. You can determine your Daily Penodic Rate by dividing the APR by 365. Determining the Daily Balance: We take the beginning balance for each category of transactions each day, add any new transactions, any previous day's periodic Interest Charges, any assessed fees and charges, and subtract any payments and/or credits. If your Account is subject to a grace period during the billing cycle, payments made during that cycle will be subtracted from all Daily Balances in the current cycle. If a transaction for a returned payment or a dispute resolved in our favor posts after the beginning of the billing cycle, the applicable Daily Balance(s) and any related Interest Charge calculations will be adjusted retroactively to include the transaction amount as of the date of the original transaction. 02010 Card Services Inc. Calculating the Balance Subject to Interest Rate: For each transaction category, we add all the Daily Balances for the billing cycle together and divide the total by the number of days in the billing cycle. This is the Average Daily Balance (including new purchases) method. Annual Percentage Rate: If your Account has a variable rate, your Annual Percentage Rate may vary. Penalty APR: Your APRs may increase to the Penalty APR if you fail to make a minimum payment to us when due. If your Account becomes subject to the Penally APR, we will provide advance notice before the new Penalty APR goes into effect. If you make the next six consecutive minimum payments once the Penalty APR goes into effect, your rates will return to the non - penalty APRs applicable to your Account. If you do not make these six consecutive minimum payments, we may keep the Penalty APR on your Account indefinitely. Foreign Transaction Fee: A 3% Foreign Transaction Fee will be assessed on the U.S. dollar amount on transactions made in a foreign currency. Card Renewal Annual Fee: An Annual Fee may apply to your Account. If your Annual Fee is billed annually, you can avoid paying the fee if you call and close your Account within 30 days of being billed, You may continue to use your Card during the 30 day Period without paying the fee. If your fee is billed monthly, when you call and close your Account due to the Annual Fee charge, that month's fee will be credited back to your Account. About Your Payment You agree to pay at least the Minimum Payment Due in time to be credited to your Account as of the Payment Due Date. You may pay more than the Minimum Payment Due, and you may pay the entire New Balance at any time. Payments should be mailed with a single coupon to the payment address shown on the front of this billing statement. Payments must be made by a single check or money order payable in U.S. dollars and drawn on a U.S. Institution. Payments may also be made using our optional payment by phone or online services using the phone number or Web address listed on the front of this billing statement. Payments received on any day at the payment address shown on the front by 5:00 p.m. in the time zone of such payment address will be credited to your Account as of the date of receipt. Payments submitted by phone or online by 5:00 p.m. Pacific Time will be credited to your Account as of the date of receipt. All payments received after 5:00 p.m. of the time zone indicated will be credited the next day. A processing fee may apply to agent assisted phone payments. Crediting payments to your Account may be delayed up to five days if the payment is not made as described above, or, is not mailed to and received at the address provided for remittance; is not accompanied by the payment coupon; is received in an envelope other than the envelope provided for remittance; is stapled, folded, or paper clipped; or includes multiple payment coupons or checks. Requests for credit balance refunds should be mailed to the inquiry address shown on the front of your billing statement. By sending us a check for payment on your Account, you authorize us to make a one time electronic funds transfer (EFT) from your bank account or to process the payment as a check transaction. When we use information from your check to make an EFT, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. If you do not want your checks to be converted to an EFT please call customer service at the phone number on the back of your card. Payment by Phone: When you use our optional payment by phone service, you authorize us to initiate an electronic funds transfer from your designated bank account or to process the payment as a check transaction. You must authorize tire amount and timing of each payment. Please retain this authorization for your records. Hearing Impaired: If you are hearing impaired, call Telecommunications Devices for the Deaf (TDD/ TTY) at the phone number listed on the front of this billing statement. Negative Credit Bureau Reporting: We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. If any specific information related to your Account, transactions or credit experience with us is inaccurate, you may notify us and request us to correct the inaccurate information (after confirmation of the alleged error) reported to any credit reporting agency by writing to us at P.O. Box 5253, Carol Stream, IL 60197-5253. Debt Collection: We are required by law, if applicable, to notify you that we are attempting to collect a debt, and any information obtained will be used for that purpose. 01CU5994 - 4 - 01/19/11 To ensure accuracy, please print neatly using uppercase letters and numbers only! If you've filled in a new address and/or phone number, be sure to check the box on the reverse side of this payment coupon. Change of address form. Street Number (it arty) Erroll Address Street Name or the words 'PO Box" I C imr nnn1IIInuE ❑-❑ Horns Phone (Primary) ❑I In Mobtta Phone ❑❑ I0❑ -1-I I= 1:1011 II State Untl or PO Son Number ❑❑ Zip p Work Phone (Prknary) nn Work Phone )Seco I ran Li oary II ) I❑❑-❑❑ II PORTFOLIO RECOVERY ASSOCIATES, LLC 120 Corporate Blvd Norfolk, VA 23502 Telephone: 1-866-428-8102 Fax: (757) 518-0860 Statement of Account Account: ************4014 GARY A MICULITA Account Holder: GARY A MICULITA 2458 LOBACH DR MECHANICSBURG PA 17055 Consumer Account Issuer: Assignee: Account Number: Date Account Opened: Date of Last Payment: Date of Charge Off: Balance at Purchase: Purchase Date: Product Code: MC HSBC BANK NEVADA, N.A. / CAPITAL ONE, N.A. / METRIS Portfolio Recovery Associates, LLC ************4014 September 12, 2007 July 10, 2012 January 31, 2013 $5,714.04 February 14, 2013 Balance at Charge -Off: Less Payments: Balance Due: 14-68243 HSBR40 $5,714.04 $.00 $5,714.04 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that nurnose. ACCTNU M 4014 NAME1 MICULITA JR.GARY A ADDRESS1 ''2458 LOBACH DR CITY ................ STATE ZI P SSN 884 PHMPHONE 6282 'PWKPHONE'2143 NBR CMKR ':0 LIABLE [NAME2 ADDRESS2 CITY2 1MECHANICSBURG >MECHANICSBU RG PA :::17055-5376 STATE2 PA ZIP2 ..... ..... . ..... :.17055-5376 `SSN2 CHMPHONE. CWKPHONE' PRIN BAL :::4885.47 :BALANCE :::5714.04 BLKDATE 20130131 DT 1ST DEL €:20120726 OPENDATE ::.20070912 LPA E0.00 LPD 120120710 is BA LAN C E 2 :::5714.04 CH1 DOB :1971■ PORTFOLIO MET2 ORIG BANK ::21100 Column 30 Data printed by Portfolio Recovery Associates, LLC from electronic records provided by CAPITAL ONE, N.A. pursuant to the sale of accounts from CAPITAL ONE, N.A. to Portfolio Recovery Associates, LLC HSBC ID e Page 1 of 1 DIRECTMEcount S Be40nt1 Account Number 4014 December 26, 201 o anuary , 2013 SUMMARY OF ACCOUNT ACTIVITY Previous Balance $5,605.00 Credit Limit $5,000.00 Payments $0.00 Credit Available $0.00 Other Credits - $0.00 Cash Advance Limit V $1,250.00 Purchases/Debits + $0.00 Cash Advance Available $0.00 Cash Advances + $0.00 Statement Closing Date 01/25/2013 Past Due Amount $1,101.00 Days in Billing Cycle 30 Fees Charged + $0.00 Interest Charged + $109.04 New Balance $5.714.04 \Cash Advance Limit is a portion of Total Credit Limit Questions? Customer Service: Lost/Stolen Card: Outside USA Collect: TDD/Hearing Impaired: 800-379-7999 800-379-7999 904-997-4997 877-902-0967 PAYMENT INFORMATION New Balance ---_-- $5,714.04 Minimum Payment Due $1,268.00 Payment Due Date 02/20/2013 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $35 and your APRs may be increased up to the Penalty APR of 29.99%. Minimum Payment Warning: f 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: If you make no additional charges using this card and each month you pay... You will pay off the balance shown on this statement in about... And you will end up paying an estimated total ot... Only the minimum payment 19 Years $14785.00 $223.00 3 Years $8016.00 (Savings=56769.00) If you would like information about credit counseling services, call 1-866-569-2227. Payment Address:Payment Center, PO Box 71105, Charlotte, NC 28272-1105 Billing Inquiries: Cardmember Services, PO Box 5894, Carol Stream, IL 60197-5894 Manage Your account online at www.AccountCentralOnline.com IMPORTANT INFORMATION TOTAL INTEREST CHARGES PAID IN 2012 $609.30 YOUR ACCOUNT IS CURRENTLY CLOSED. AS A REMINDER, YOU MAY PAY YOUR CREDITCARD BILL ONLINE OR THROUGH OUR AUTOMATED PHONE SYSTEM FOR NO FEE. The HEXAGON DESIGN® (AND VARIATIONS), HSBC®, THE WORLD'S LOCAL BANK®, HOUSEHOLD® (AND DESIGN) and HOUSEHOLD BANK® 6areregistered trademarks of HSBC Holdings plc or HSBC Finance Corporation and are used by Capital One by permission. Capital One is the issuer of this account. 6 TRANSACTIONS Trans Date Post Date Description of Transaction or Credit TOTAL FEES FOR THIS PERIOD 01/25 01/25 Interest Charge on Purchases 01/25 01/25 Interest Charge on Cash Advances TOTAL INTEREST FOR THIS PERIOD Fees Interest Charged Reference Number Amount $0.00 $80.85 $28.19 $109.04 2013 Totals Year to Date Total Fees charged in 2013 Total Interest charged in 2013 $0.00 $109.04 INTEREST CHARGECALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Purchase Cash Advances (v) = Variable Rate Annual Percentage Rate (APR) Balance Subject to Interest Rate Interest Charge Promotional Balance 21.99% (v) 28.99% (v) $1,183.46 $4,474.06 $80.85 $28.19 N/A N/A 5994 DOH 1 7 17 130125 0 E X PAGE 1 of 1 1 0 8800 1500 C302 01CU5904 DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT. HSBC ID 'Your account is over the credit limit. Please pay your total due of $1,268.00, which includes your Minimum Payment Due and any additional Over the Credit Limit and/or Past Due amounts. GARYA MICULITA JR 2458 LOBACH DR MECHANICSBURGPA 17055-5376 If1IIIF41rhhIIIIIIIIIIdhIILIIIIIIuIIuli IIuIIIII) 11111 11111 ElNew Address or Phone Number? Please check the box and enter your new infommbon on reverse side 904 SEE REVERSESIDE FOR IMPORTANT INFORMATION Account Number: New Balance Minimum Payment Due Payment Due Date 014 4.04 $1,268.00 02/20/2013 Include account number on check to: Card Services Do not send cash. Please send your payment 7 to 10 days prior to the payment due date to ensure timely delivery. AMOUNT $ ❑ OL ENCLOSED L Cn PAYMENT CENTER PO BOX 71105 CHARLOTTENC 28272-1105 nplrhrlliuPllhu11IIIIIhlIIIIIIIIIlyllnlllllllIIIIhI Ill 4014 What To Do if You Think You Find a Mistake on Your Statement ' If you think there is an error on your statement, write to us on a separate sheet of paper at the billing inquiries address listed on the front of this billing statement. In your letter, give us the following information: • Account information: Your name and account number. • Dollar amount: 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 notify us of any potential errors in writing. You may call us, 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 charge you interest on that amount. But, if 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, 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 If 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 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 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 in writing at the billing inquiries address on the front of this billing statement. 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, if we think you owe an amount and you do not pay we may report you as delinquent. How to Avoid Paying Interest on Purchases (Grace Periods on Credit Card Purchases): Periodic Interest Charges begin to accrue on the date of the transaction and continue to accrue until your balance is paid in full. However, if you pay your entire New Balance shown by the Payment Due Date in the previous month, you can pay your current month's New Balance by the Payment Due Date without being assessed an Interest Charge on your purchases. Paying Interest on Other Transactions (No Grace Period on other transactions): There is no Grace Period for other transactions including cash advances, balance transfers, and credit card checks. Periodic Interest Charges begin to accrue on the date of the transaction, and continue to accrue until payment in full is credited to your Account. How We Calculate Interest Charges: We calculate the periodic Interest Charge on your Account by multiplying the applicable Daily Periodic Rate by the Average Daily Balance for each category of transactions shown on your billing statement (e.g., purchases, balance transfers, cash advances); the results are then multiplied by the number of days in the billing cycle. You can determine your Daily Periodic Rate by dividing the APR by 365. Determining the Daily Balance: We take the beginning balance for each category of transactions each day, add any new transactions, any previous day's periodic Interest Charges, any assessed fees and charges, and subtract any payments and/or credits. If your Account is subject to a grace period during the billing cycle, payments made during that cycle will be subtracted from all Daily Balances in the current cycle. If a transaction for a returned payment or a dispute resolved in our favor posts after the beginning of the billing cycle, the applicable Daily Balance(s) and any related Interest Charge calculations will be adjusted retroactively to include the transaction amount as of the date of the original transaction. O2010 Card Services Inc. Calculating the Balance Subject to Interest Rate: For each transaction category, we add all the Daily Balances for the billing cycle together and divide the total by the number of days in the billing cycle. This is the Average Daily Balance Including new purchases) method. Annual Percentage Rate: If your Account has a variable rate, your Annual Percentage Rate may vary. Penalty APR: Your APRs may increase to the Penalty APR if you fail to make a minimum payment to us when due. If your Account becomes subject to the Penalty APR, we will provide advance notice before the new Penalty APR goes into effect. If you make the next six consecutive minimum payments once the Penalty APR goes into effect, your rates will return to the non - .penalty APRs applicable to your Account. If you do not make these six consecutive minimum payments, we may keep the Penalty APR on your Account indefinitely. Foreign Transaction Fee: A 3% Foreign Transaction Fee will be assessed on the U.S. dollar amount on transactions made in a foreign currency. Card Renewal Annual Fee: An Annual Fee may apply to your Account. If your Annual Fee is billed annually, you can avoid paying the fee if you call and close your Account within 30 days of being billed. You may continue to use your Card during the 30 day period without paying the fee. If your fee is billed monthly, when you call and close your Account due to the Annual Fee charge, that month's fee will be credited back to your Account. About Your Payment You agree to pay at least the Minimum Payment Due in time to be credited to your Account as of the Payment Due Date. You may pay more than the Minimum Payment Due, and you may pay the entire New Balance at any time. Payments should be mailed with a single coupon to the payment address shown on the front of this billing statement. Payments must be made by a single check or money order payable in U.S. dollars and drawn on a U.S. Institution. Payments may also be made using our optional payment by phone or online services using the phone number or Web address listed on the front of this billing statement. Payments received on any day at the payment address shown on the front by 5:00 p.m. in the time zone of such payment address will be credited to your Account as of the date of receipt. Payments submitted by phone or online by 5:00 p.m. Pacific Time will be credited to your Account as of the date of receipt. All payments received after 5:00 p.m. of the time zone indicated will be credited the next day.A processing fee may apply to agent assisted phone payments. Crediting payments to your Account may be delayed up to five days if the payment is not made as described above, or, is not mailed to and received at the address provided for remittance; is not accompanied by the payment coupon; is received in an envelope other than the envelope provided for remittance; is stapled, folded, or paper clipped; or includes multiple payment coupons or checks. Requests - for credit balance refunds should be mailed to the inquiry address shown on the front of your billing statement. By sending us a check for payment on your Account, you authorize us to make a one time electronic funds transfer (EFT) from your bank account or to process the payment as a check transaction. When we use information from your check to make an EFT, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. If you do not want your checks to be converted to an EFT, please call customer service at the phone number on the back of your card. Payment by Phone: When you use our optional payment by phone service, you authorize us to initiate an electronic funds transfer from your designated bank account or to process the payment as a check transaction. You must authorize the amount and timing of each payment. Please retain this authorization for your records. Hearing Impaired: If you are hearing impaired, call Telecommunications Devices for the Deaf (TDD/ TTY) at the phone number listed on the front of this billing statement. Negative Credit Bureau Reporting: We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. If any specific information related to your Account, transactions or credit experience with us is inaccurate, you may notify us and request us to correct the inaccurate information (after confirmation of the alleged error) reported to any credit reporting agency by writing to us at P.O. Box 5253, Carol Stream, IL 60197-5253. Debt Collection: We are required by law, if applicable, to notify you that we are attempting to collect a debt, and any information obtained will be used for that purpose. 01 CU5994 - 4 - 01/19/11 To ensure accuracy, please print neatly using uppercase letters and numbers only! If you've filled in a new address and/or phone number, be sure to check the box on the reverse side of this payment coupon. Change of address form. Street Number (I any) Street Name or the words 'PO Box' UM or PO Box Number ❑ ❑ E ❑❑❑ I ❑❑❑■■■• ❑❑ I ❑n State Zip ❑City n❑❑ n❑❑n❑❑❑❑❑❑❑n❑n❑ uL ❑❑oo❑ Email Address ❑❑❑❑❑u❑❑❑❑ =❑❑❑❑❑❑n Home Phone (Primary) Work Phone (Primary) ❑❑❑'❑ ❑-= n❑❑'❑❑❑ -❑❑u❑ Mobile Phone Work Phone (Secorgary) ❑❑n'❑❑n-❑❑nn ❑ ❑�❑ ❑-❑❑n❑ ■■ I I HSBC m i e Page 1 of 3 DIRECTMERCHANTS BANK Account Statement Account Number 014 May 25, 2 , 2012 SUMMARY OF ACCOUNT ACTIVITY Previous Balance $5,066.21 Credit Limit $75.00 Credit Available $0.00 + $0.00 + $0.00 $147.00 + $35.00 + S100.39 Payments Other Credits Purchases/Debits Cash Advances Past Due Amount Fees Charged Interest Charged New Balance 5,126.60 Cash Advance Limit V Cash Advance Available Statement Closing Date Days in Billing Cycle \Cash Advance Limit is a portion of Total Credit Limit $5,000.00 -$126.00 $1,250.00 $0.00 06/25/2012 31 Questions? Customer Service: Lost/Stolen Card: Outside USA Collect: TDD/Hearing Impaired: 800-379-7999 800-379-7999 904-997-4997 877-902-0967 PAYMENT INFORMATION New Balance $5,126.60 Minimum Payment Due $299.00 Payment Due Date 07/20/2012 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $35 and your APRs may be increased up to the Penalty APR of 29.99%. Minimum Payment Warning: f 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: If you make no additional charges using this card and each month you pay... You will pay off the balance shown on this statement in about... And you will end up paying an estimated total of... Only the minimum payment 19 Years $14937.00 $200.00 3 Years $7183.00 (Savings=$7754.00) If you would like information about credit counseling services. call 1-866-569-2227. Payment Address:Payment Center, PO Box 17313, Baltimore, MD 21297-1313 Billing Inquiries: Cardmember Services, PO Box 6894, Carol Stream, IL 60197-5894 Manage Your account online at www.AccountCentralOnline.com IMPORTANT INFORMATION YOUR ACCOUNT IS PAST DUE. IF YOU HAVE ALREADY MAILED YOUR PAYMENT, THANK YOU. IF YOU HAVEN'T SENT YOUR PAYMENT, PLEASE PAY THE AMOUNT DUE TO AVOID POTENTIAL DAMAGE TO YOUR CREDIT. AS A REMINDER, YOU MAY PAY YOUR CREDITCARD BILL ONLINE OR THROUGH OUR AUTOMATED PHONE SYSTEM FOR NO FEE. The HEXAGON DESIGN® (AND VARIATIONS), HSBC®, THE WORLD'S LOCAL BANK®, HOUSEHOLD® (AND DESIGN) and HOUSEHOLD BANK® Eareregistered trademarks of HSBC Holdings plc or HSBC Finance Corporation and are used by Capital One by permission. Capital One is the issuer of this account. E IMPORTANT ANNOUNCEMENT: Effective October 1, 2012 we will no longer accept credit card payments at HSBC Bank Branches. We apologize for any inconvenience this may cause you. Please make your payments using any of these three easy methods: by mail, by phone, or online. The correct mailing address, phone number, and Web address for your account are listed on the front of this billing statement. For more information about making a payment, please review the instructions located on the back of this statement. Thank you! TRANSACTIONS Trans Date Post Date Description of Transaction or Credit 05/31 05/31 ONLINE PAYMENT -THANK YOU TULSA OK Reference Number 8545800H82W6DR7G2 Amount $75.00 - Fees 06/20 06/20 LATE FEE TOTAL FEES FOR THIS PERIOD $35.00 $35.00 06/25 06/25 Interest Charge on Purchases 06/25 06/25 Interest Charge on Cash Advances TOTAL INTEREST FOR THIS PERIOD Interest Charged $75.82 $24.57 $100.39 2012 Totals Year to Date Total Fees charged in 2012 Total Interest charged in 2012 $95.00 $580.63 INTEREST CHARGECALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Percentage Rate (APR) Balance Subject to Interest Rate 21.99%)v) $4,060.34 Type of Balance Purchase Interest Charge $75.82 Promotional Balance N/A 5994 DOH 1 7 17 120625 0 X PAGE 1 of 3 DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT. HSBC ID 10 8000 1500 C302 01CU5994 'Your account is over the credit limit. Please pay your total due of $299.00, which includes your Minimum Payment Due and any additional Over the Credit Limit and/or Past Due amounts. GARYA MICULITA JR 2458 LOBACH DR MECHANICSBURGPA 17055-5376 IIII111111Ii. ii.lrllr111111.III' 11111hnuulllhwgll1111111 EiNew Address or Phone Number? Please check the box end enter your new information on reverse side 904 SEE REVERSESIDE FOR IMPORTANT INFORMATION Account Number: New Balance Minimum Payment Due Payment Due Date 4014 6.60 6.60 $299.00 • 07/20/2012 Include account number on check to HSBC Card Services. Do not send cash. Please send your payment 7 to 10 days prior to the payment due date to ensure timely delivery. AMOUNT ENCLOSED cur❑ PAYMENT CENTER PO BOX 17313 BALTIMORE MD 21297-1313 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1Ir111111,11Ir11rllllllrl 4014 What To Do if You Think You Find a Mistake on Your Statement If you think there is an error on your statement, write to us on a separate sheet of paper at the billing inquiries address listed on the front of this billing statement. In your letter, give us the following information: • Account information: Your name and account number. • Dollar amount: 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 notify us of any potential errors in writing. You may call us, 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 charge you interest on that amount. But, if 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, 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 If 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 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 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 in writing at the billing inquiries address on the front of this billing statement. 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, if we think you owe an amount and you do not pay we may report you as delinquent. How to Avoid Paying Interest on Purchases (Grace Periods on Credit Card Purchases): Periodic Interest Charges begin to accrue on the date of the transaction and continue to accrue until your balance is paid in full. However, if you pay your entire New Balance shown by the Payment Due Date in the previous month, you can pay your current month's New Balance by the Payment Due Date without being assessed an Interest Charge on your purchases. Paying Interest on Other Transactions (No Grace Period on other transactions): There is no Grace Period for other transactions including cash advances, balance transfers, and credit card checks. Periodic Interest Charges begin to accrue on the date of the transaction, and continue to accrue until payment in full is credited to your Account. How We Calculate Interest Charges: We calculate the periodic Interest Charge on your Account by multiplying the applicable Daily Periodic Rate by the Average Daily Balance for each category of transactions shown on your billing statement (e.g., purchases, balance transfers, cash advances); the results are then multiplied by the number of days in the billing cycle. You can determine your Daily Periodic Rate by dividing the APR by 365. Determining the Daily Balance: We take the beginning balance for each category of transactions each day, add any new transactions, any previous day's periodic Interest Charges, any assessed fees and charges, and subtract any payments and/or credits. If your Account is subject to a grace period during the billing cycle, payments made during that cycle will be subtracted from all Daily Balances in the current cycle. If a transaction for a returned payment or a dispute resolved in our favor posts after the beginning of the billing cycle, the applicable Daily Balance(s) and any related Interest Charge calculations will be adjusted retroactively to include the transaction amount as of the date of the original transaction. 02010 Card Services Inc. Calculating the Balance Subject to Interest Rate: For each transaction category, we add all the Daily Balances for the billing cycle together and divide the total by the number of days in the billing cycle. This is the Average Daily Balance (including new purchases) method. Annual Percentage Rate: If your Account has a variable rate, your Annual Percentage Rate may vary. Penalty APR: Your APRs may increase to the Penalty APR if you fail to make a minimum payment to us when due. If your Account becomes subject to the Penalty APR, we will provide advance notice before the new Penalty APR goes into effect. If you make the next six consecutive minimum payments once the Penalty APR goes into effect, your rates will return to the non - penalty APRs applicable to your Account. If you do not make these six consecutive minimum payments, we may keep the Penalty APR on your Account indefinitely. Foreign Transaction Fee: A 3% Foreign Transaction Fee will be assessed on the U.S. dollar amount on transactions made in a foreign currency. Card Renewal Annual Fee: An Annual Fee may apply to your Account. If your Annual Fee is billed annually, you can avoid paying the fee if you call and close your Account within 30 days of being billed. You may continue to use your Card during the 30 day period without paying the fee. If your fee is billed monthly, when you call and close your Account due to the Annual Fee charge, that month's fee will be credited back to your Account. About Your Payment You agree to pay at least the Minimum Payment Due in time to be credited to your Account as of the Payment Due Date. You may pay more than the Minimum Payment Due, and you may pay the entire New Balance at any time. Payments should be mailed with a single coupon to the payment address shown on the front of this billing statement. Payments must be made by a single check or money order payable in U.S. dollars and drawn on a U.S. Institution. Payments may also be made using our optional payment by phone or online services using the phone number or Web address listed on the front of this billing statement. Payments received on any day at the payment address shown on the front by 5:00 p.m. in the time zone of such payment address will be credited to your Account as of the date of receipt. Payments submitted by phone or online by 5:00 p.m. Pacific lime will be credited to your Account as of the date of receipt. All payments received after 5:00 p.m. of the time zone indicated will be credited the next day. A processing fee may apply to agent assisted phone payments. Crediting payments to your Account may be delayed up to five days if the payment is not made as described above, or, is not mailed to and received at the address provided for remittance; is not accompanied by the payment coupon; is received in an envelope other than the envelope provided for remittance; is stapled, folded, or paper clipped; or includes multiple payment coupons or checks. Requests for credit balance refunds should be mailed to the inquiry address shown on the front of your billing statement. By sending us a check for payment on your Account, you authorize us to make a one time electronic funds transfer (EFT) from your bank account or to process the payment as a check transaction. When we use information from your check to make an EFT, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. If you do not want your checks to be converted to an EFT, please call customer service at the phone number on the back of your card. Payment by Phone: When you use our optional payment by phone service, you authorize us to initiate an electronic funds transfer from your designated bank account or to process the payment as a check transaction. You must authorize the amount and timing of each payment. Please retain this authorization for your records. Hearing Impaired: If you are hearing impaired, call Telecommunications Devices for the Deaf (TDD/ TTY) at the phone number listed on the front of this billing statement. Negative Credit Bureau Reporting: We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. If any specific information related to your Account, transactions or credit experience with us is inaccurate, you may notify us and request us to correct the inaccurate information (after confirmation of the alleged error) reported to any credit reporting agency by writing to us at P.O. Box 5253, Carol Stream, IL 60197-5253. Debt Collection: We are required by law, if applicable, to notify you that we are attempting to collect a debt, and any information obtained will be used for that purpose. 01CU5994 - 4 - 01/19/11 To ensure accuracy, please print neatly using uppercase letters and numbers only! If you've filled in a new address and/or phone number, be sure to check the box on the reverse side of this payment coupon. Change of address form. Street Number (It any) Street Name or the words "PO Boo' ❑ ❑ ❑ I ❑❑❑ ❑Ciry ❑ =IL f =EMI Email Address ❑❑❑n❑❑ ❑❑❑❑❑❑ Home Phone (Prknary) ❑❑❑inn❑-❑ i i I Mobile Phone n ❑'❑❑n -nn ■I. t_JLJ❑ ■. 1 Unit or PO Box Number State Zip �u ❑❑ten Work Phone (Primary) .■ Iii ❑ ❑❑❑'❑❑n -❑n❑❑ Work Phone (Secondary) n❑❑'❑n❑-n❑ i❑ HSBC ID lc Page 2 of 3 DIRECTMERCHANTSS BA0nt1 Account Number 4014 May 25, o une , 2012 INTEREST CHARGE CALCULATION(continued) Type of Balance Annual Percentage Rate (APR) Balance Subject to Interest Rate Interest Charge Promotional Balance Cash Advances 28.99% (v) $998.18 (v) = Variable Rate $24.57 N/A Secure Registration at: accountcentralonline.com Enroll in paperless statements, track spending, pay your bill and update personal information online with Account Access. 5994 DOH 7 17 120625 0 X PAGE 2 of 3 1 0 8800 1500 C302 01CU5994 WHEN SENDING US YOUR PAYMENT... ALWAYS INCLUDE YOUR ACCOUNT NUMBER ON THE CHECK BE SURE TO SIGN YOUR CHECK REMOVE THE TOP PORTION OF YOUR STATEMENT AND RETURN WITH YOUR PAYMENT IN THE ENVELOPE PROVIDED PAYMENT IS DUE BY THE DATE INDICATED IN THIS STATEMENT HSBC Page 3 of 3 5994 DOH I 7 17 120825 0 X PAGE 3 of 3 1 0 8800 1500 0302 01005994 DIRECTMERCHANTS BANK Account Statement Account Number 4014 May 25, 2uII to June JE, 2012 HSBC ID Page 1 of 1 DIRECTMERCHANTS BANK A unt Statement Account Numberc 2012 Juunee 25, 25, 012 SUMMARY OF ACCOUNT ACTIVITY Previous Balance $5,126.60 Credit Limit 55,000.00 Payments $147.00 Credit Available -$80.00 Other Credits - $0.00 Cash Advance Limit V $1,250.00 Purchases/Debits + $0.00 Cash Advance Available $0.00 Cash Advances + $0.00 Statement Closing Date 07/26/2012 Past Due Amount $152.00 Days in Billing Cycle 31 Fees Charged + $0.00 Interest Charged + $101.22 New Balance $5.080.82 \Cash Advance Limit is a portion of Total Credit Limit Questions? Customer Service: Lost/Stolen Card: Outside USA Collect: TDD/Hearing Impaired: 800-379-7999 800-379-7999 904-997-4997 877-902-0967 PAYMENT INFORMATION New Balance $5,080.82 Minimum Payment Due $305.00 Payment Due Date 08/20/2012 Late Payment Warning: If we do not receive your minimum payment by the dale listed above, you may have to pay a late fee of up to $35 and your APRs may be increased up to the Penalty APR of 29.99%. Minimum Payment Warning: f 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: If you make no additional charges using this card and each month you pay... You will pay off the balance shown on this statement in about... And you will end up paying an estimated total of... Only the minimum payment 19 Years $14793.00 $198.00 3 Years $7124.00 (Savings=$7669.00 ) If you would like information about credit counseling services, call 1-866-569-2227. Payment Address:Payment Center, PO Box 17313, Baltimore, MD 21297-1313 Billing Inquiries: Cardmember Services, PO Box 5894, Carol Stream, IL 60197-5894 Manage Your account online at www.AccountCentralOnline.com IMPORTANT INFORMATION YOUR ACCOUNT IS PAST DUE. IF YOU HAVE ALREADY MAILED YOUR PAYMENT. THANK YOU. IF YOU HAVENT SENT YOUR PAYMENT, PLEASE PAY THE AMOUNT DUE TO AVOID POTENTIAL DAMAGE TO YOUR CREDIT. AS A REMINDER, YOU MAY PAY YOUR CREDITCARD BILL ONLINE OR THROUGH OUR AUTOMATED PHONE SYSTEM FOR NO FEE. The HEXAGON DESIGN® (AND VARIATIONS), HSBC®, THE WORLD'S LOCAL BANK®, HOUSEHOLD® (AND DESIGN) and HOUSEHOLD BANK® Eareregistered trademarks of HSBC Holdings plc or HSBC Finance Corporation and are used by Capital One by permission. Capital One is the issuer of this account. E IMPORTANT ANNOUNCEMENT: Effective October 1, 2012 we will no longer accept credit card payments at HSBC Bank Branches. We apologize for any inconvenience this may cause you. Please make your payments using any of these three easy methods: by mail, by phone, or online. The correct mailing address, phone number, and Web address for your account are listed on the front of this billing statement. For more information about making a payment, please review the instructions located on the back of this statement. TRANSACTIONS Trans Date Post Date Description of Transaction or Credit Reference Number 07/10 07/10 ONLINE PAYMENT -THANK YOU TULSA OK 8545800JG2W6DR7G4 Fees TOTAL FEES FOR THIS PERIOD Interest Charged 07/26 07/26 Interest Charge on Purchases 07/26 07/26 Interest Charge on Cash Advances TOTAL INTEREST FORTH'S PERIOD Amount $147.00- $0.00 $76.04 $25.18 $101.22 2012 Totals Year to Date Total Fees charged in 2012 Total Interest charged in 2012 $95.00 $681.85 INTEREST CHARGECALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Annual Percentage Rate (APR) Batance Subject to Interest Rate Interest Charge Promotional Balance Purchase 21.99% (v) $4,072.08 $76.04 N/A Cash Advances 28.99% (v) $1,023.05 $25.18 N/A (a) = Variable Rate 5994 DOH 1 7 17 12072$ 0 X PAGE 1 of 1 DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT. HSBC ID GARYA MICULITA JR 2458 LOBACH DR MECHANICSBURGPA 17055-5376 10 8800 1500 C302 O1CU5994 • 'Your account is over the credit limit Please pay your total due of $305.00, which includes your Minimum Payment Due and any additional Over the Credit Limit and/or Past Due amounts. IInII11IlIII uiIIIIIIIlIII11111111.IIIIIII IIIIII 111III 11111ll6 0 New Address or Phone Number? Please check the box and enter your new information on reverse side 904 SEE REVERSESIDE FOR IMPORTANT INFORMATION Account Number: New Balance Minimum Payment Due Payment Due Date Mill4014 0.82 $305.00 ' 08120/2012 Include account number on check. Do not send cash. Please send your payment 7 to 10 days prior to the payment due date to ensure timely delivery. AMOUNT ENCLOSED PAYMENT CENTER PO BOX 17313 BALTIMORE MD 21297-1313 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 4014 What To Do if You Think You Find a Mistake on Your Statement If you think there is an error on your statement, write to us on a separate sheet of paper at the biting inquiries address listed on the front of this billing statement. In your letter, give us the following information: • Account information::Your name and account number. • Dollar amount: 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 notify us of any potential errors in writing. You may call us, 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 charge you interest on that amount. But, if 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, 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 If 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 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 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 in writing at the billing inquiries address on the front of this billing statement. 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, if we think you owe an amount and you do not pay we may report you as delinquent. How to Avoid Paying Interest on Purchases (Grace Periods on Credit Card Purchases): Periodic Interest Charges begin to accrue on the date of the transaction and continue to accrue until your balance is paid in full. However, if you pay your entire New Balance shown by the Payment Due Date in the previous month, you can pay your current month's New Balance by the Payment Due Date without being assessed an Interest Charge on your purchases. Paying Interest on Other Transactions (No Grace Period on other transactions): There is no Grace Period for other transactions including cash advances, balance transfers, and credit card checks. Periodic Interest Charges begin to accrue on the date of the transaction, and continue to accrue until payment in full is credited to your Account. How We Calculate Interest Charges: We calculate the periodic Interest Charge on your Account by multiplying the applicable Daily Periodic Rate by the Average Daily Balance for each category of transactions shown on your billing statement (e.g., purchases, balance transfers, cash advances); the results are then multiplied by the number of days in the billing cycle. You can determine your Daily Periodic Rate by dividing the APR by 365. Determining the Daily Balance: We take the beginning balance for each category of transactions each day, add any new transactions, any previous day's periodic Interest Charges, any assessed fees and charges, and subtract anypayments and/or credits. If your Account is subject to a grace period during the billing cycle, payments made during that cycle will be subtracted from all Daily Balances in the current cycle. If a transaction for a returned payment or a dispute resolved in our favor posts after the beginning of the billing cycle, the applicable Daily Balance(s) and any related Interest Charge calculations will be adjusted retroactively to include the transaction amount as of the date of the original transaction. 02010 Card Services Inc. Calculating the Balance Subject to Interest Rate: For each transaction category, we add all the Daily Balances for the billing cycle together and divide the total by the number of days in the billing cycle. This is the Average Daily Balance including new purchases) method. Annual Percentage Rate: If your Account has a variable rate, your Annual Percentage Rate may vary. Penalty APR: Your APRs may increase to the Penalty APR if you fail to make a minimum payment to us when due. If your Account becomes subject to the Penalty APR, we will provide advance notice before the new Penalty APR goes into effect. If you make the next six consecutive minimum payments once the Penalty APR goes into effect, your rates will return to the non - penalty APRs applicable to your Account. If you do not make these six consecutive minimum payments, we may keep the Penalty APR on your Account indefinitely. Foreign Transaction Fee: A 3% Foreign Transaction Fee will be assessed on the U.S. dollar amount on transactions made in a foreign currency. Card Renewal Annual Fee: An Annual Fee may apply to your Account. If your Annual Fee is billed annually, you can avoid paying the fee if you call and close your Account within 30 days of being billed. You may continue to use your Card during the 30 day period without paying the fee. If your fee is billed monthly, when you call and close your Account due to the Annual Fee charge, that month's fee will be credited back to your Account. About Your Payment You agree to pay at least the Minimum Payment Due in time to be credited to your Account as of the Payment Due Date. You may pay more than the Minimum Payment Due, and you may pay the entire New Balance at any time. Payments should be mailed with a single coupon to the payment address shown on the front of this billing statement. Payments must be made by a single check or money order payable in U.S. dollars and drawn on a U.S. Institution. Payments may also be made using our optional payment by phone or online services using the phone number or Web address listed on the front of this billing statement. Payments received on any day at the payment address shown on the front by 5:00 p.m. in the time zone of such payment address will be credited to your Account as of the date of receipt. Payments submitted by phone or online by 5:00 p.m. Pacific Time will be credited to your Account as of the date of receipt. All payments received after 5:00 p.m. of the time zone indicated will be credited the next day. A processing fee may apply to agent assisted phone payments. Crediting payments to your Account may be delayed up to five days if the payment is not made as described above, or, is not mailed to and received at the address provided for remittance; is not accompanied by the payment coupon; is received in an envelope other than the envelope provided for remittance: is stapled, folded, or paper clipped; or includes multiple payment coupons or checks. Requests for credit balance refunds should be mailed to the inquiry address shown on the front of your billing statement. By sending us a check for payment on your Account, you authorize us to make a one time electronic funds transfer (EFT) from your bank account or to process the payment as a check transaction. When we use information from your check to make an EFT, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. If you do not want your checks to be converted to an EFT, please call customer service at the phone number on the back of your card. Payment by Phone: When you use our optional payment by phone service, you authorize us to initiate an electronic funds transfer from your designated bank account or to process the payment as a check transaction. You must authorize the amount and timing of each payment. Please retain this authorization for your records. Hearing Impaired: If you are hearing impaired, call Telecommunications Devices for the Deaf (TDD/ TTY) at the phone number listed on the front of this billing statement. Negative Credit Bureau Reporting: We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. If any specific information related to your Account, transactions or credit experience with us is inaccurate, you may notify us and request us to correct the inaccurate information (after confirmation of the alleged error) reported to any credit reporting agency by writing to us at P.O. Box 5253, Carol Stream, IL 60197-5253. Debt Collection: We are required by law, if applicable, to notify you that we are attempting to collect a debt, and any information obtained will be used for that purpose. 01CU5994 - 4 - 01/19/11 To ensure accuracy, please print neatly using uppercase letters and numbers only! If you've filled in a new address and/or phone number, be sure to check the box on the reverse side of this payment coupon. Change of address form. Street Number (i1 any) Street Name or the words "PO Box" ❑❑ n City ❑I Email Address ( 11 Home Pion (Primary) Mobile Phone 11 I I II PH 11 II II I❑1 1❑ I1 11 11 11 11 I H 11 nl n❑ State OW or PO Box Number 11❑❑ Zip C 1 n I II I J u 1 11 H II 1❑0 Work Phone {Primary) I Work Phone (Secondary) I 1 1III 11 HSBC ID Page 1 of 1 DIRECTMERCHANTSS e 014 Account Number 4 4014 July 26, 20 2012 SUMMARY OF ACCOUNT ACTIVITY Previous Balance $5,080.82 Credit Limit $5,000.00 Payments - $0.00 Credit Available -$182.00 Other Credits $0.00 Cash Advance Limit V $1,250.00 Purchases/Debits + $0.00 Cash Advance Available $0.00 Cash Advances + $0.00 Statement Closing Date 08/26/2012 Past Due Amount $305.00 Days in Billing Cycle 31 Fees Charged + $0.00 Interest Charged + $102.03 New Balance $5,182.85 \Cash Advance Limit is a portion of Total Credit Limit Questions? Customer Service: Lost/Stolen Card: Outside USA Collect: TDD/Hearing Impaired: 800-379-7999 800-379-7999 904-997-4997 877-902-0967 PAYMENT INFORMATION New Balance -_ $5,182.85 Minimum Payment Due $459.00 Payment Due Date 09/20/2012 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $35 and your APRs may be increased up to the Penalty APR of 29.99%. Minimum Payment Warning: f 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: If you make no additional charges using this card and each month you pay... You will pay off the balance shown on this statement in about... And you will end up paying an estimated total of... Only the minimum payment 19 Years $14798.00 $202.00 3 Years $7267.00 (Savings=$7531.00) If you would like information about credit counseling services, call 1-866-569-2227. Payment Address:Payment Center, PO Box 17313, Baltimore, MD 21297-1313 Billing Inquiries: Cardmember Services, PO Box 5894, Carol Stream, IL 60197-5894 Manage Your account online at www.AccountCentralOnllne.com IMPORTANT INFORMATION AS A REMINDER. YOU MAY PAY YOUR CREDITCARD BILL ONLINE OR THROUGH OUR AUTOMATED PHONE SYSTEM FOR NO FEE. The HEXAGON DESIGN® (AND VARIATIONS), HSBC®, THE WORLD'S LOCAL BANK®, HOUSEHOLD® (AND DESIGN) and HOUSEHOLD BANK® areregistered trademarks of HSBC Holdings plc or HSBC Finance Corporation and are used by Capital One by permission. Capital One is the issuer of this account. t IMPORTANT ANNOUNCEMENT: Effective October 1, 2012 we will no longer accept credit card payments at HSBC Bank Branches. We apologize for any inconvenience this may cause you. Please make your payments using any of these three easy methods: by mail, by phone, or online. The correct mailing address, phone number, and Web address for your account are listed on the front of this billing statement. For more information about making a payment, please review the instructions located on the back of this statement. TRANSACTIONS Trans Date Post Date Description of Transaction or Credit TOTAL FEES FOR THIS PERIOD 08/26 08/26 Interest Charge on Purchases 08/26 08/26 Interest Charge on Cash Advances TOTAL INTEREST FOR THIS PERIOD Fees Interest Charged Reference Number Amount $0.00 $76.22 $25.81 $102.03 2012 Totals Year to Date Total Fees charged In 2012 Total Interest charged in 2012 $95.00 $783.88 INTEREST CHARGECALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Purchase Cash Advances (v) = Variable Rate Annual Percentage Rate (APR) Balance Subject to Interest Rate 21.99% (v) $4,081.48 28.99% (v) $1,048.53 Interest Charge Promotional Balance $76.22 N/A $25.81 N/A 5994 DOH 7 17 120828 0 XPAGE 1 of 1 1 0 8800 1500 C302 01CU5994 DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT. HSBC ID 'Your account is over the credit limit. Please pay your total due of $459.00, which includes your Minimum Payment Due and any additional Over the Credit Limit and/or Past Due amounts. GARYA MICULITA JR 2458 LOBACH DR MECHANICSBURGPA 17055-5376 Il IrrrlllIIIIiiIIIIIIrlllllIIIIIIrlrlllllrlllltlllrllllrlltllrlll New Address or Phone Number? Please check the box end enter your new infonnefan on reverse side 904 SEE REVERSESIDE FOR IMPORTANT INFORMATION Account Number: New Balance Minimum Payment Due Payment Due Date 014 2.85 $459.00' 09/2012012 Include account number on check. Do not send cash. Please send your payment 7 to 10 days prior to the payment due date to ensure timely delivery. AMOUNT ENCLOSED C PAYMENT CENTER PO BOX 17313 BALTIMORE MD 21297-1313 IIIIIIIIIIIIII'IIIIIIIIuIIIIIIIIruIIIIIIIIIIII'II111I101I9JIl 4014 What To Do if You Think You Find a Mistake on Your Statement If you think there is an error on your statement, write to us on a separate sheet of paper at the billing inquiries address listed on the front of this billing statement. In your letter, give us the following information: • Account information: Your name and account number. • Dollar amount: 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 notify us of any potential errors in writing. You may call us, 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 charge you interest on that amount. But, if 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, 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 If 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 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 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 in writing at the billing inquiries address on the front of this billing statement. 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, if we think you owe an amount and you do not pay we may report you as delinquent. How to Avoid Paying Interest on Purchases (Grace Periods on Credit Card Purchases): Periodic Interest Charges begin to accrue on the date of the transaction and continue to accrue until your balance is paid in full. However, if you pay your entire New Balance shown by the Payment Due Date in the previous month, you can pay your current month's New Balance by the Payment Due Date without tieing assessed an Interest Charge on your purchases. Paying Interest on Other Transactions (No Grace Period on other transactions): There is no Grace Period for other transactions including cash advances, balance transfers, and credit card checks. Periodic Interest Charges begin to accrue on the date of the transaction, and continue to accrue until payment in full is credited to your Account. How We Calculate Interest Charges: We calculate the periodic Interest Charge on your Account by multiplying the applicable Daily 'eriodic Rate by the Average Daily Balance for each category of transactions shown on your billing statement (e.g., purchases, balance transfers, cash advances); the results are then multiplied by the number of days in the billing cycle. You can determine your Daily Periodic Rate by dividing the APR by 365. Determining the Daily Balance: We take the beginning balance for each category of transactions each day, add any new transactions, any previous day's periodic Interest Charges, any assessed fees and charges, and subtract any payments and/or credits. If your Account is subject to a grace period during the billing cycle, payments made during that cycle will be subtracted from all Daily Balances in the current cycle. If a transaction for a returned payment or a dispute resolved in our favor posts after the beginning of the billing cycle, the applicable Daily Balance(s) and any related Interest Charge calculations will be adjusted retroactively to include the transaction amount as of the date of the original transaction. 02010 Card services Inc. Calculating the Balance Subject to Interest Rate: For each transaction category, we add all the Daily alances for the billing cycle together and divide the total by the number of days in the billing cycle. This is the Average Daily Balance (including new purchases) method. Annual Percentage Rate: If your Account has a variable rate, your Annual Percentage Rate may vary. Penalty APR: Your APRs may increase to the Penalty APR if you fail to make a minimum payment to us when due. If your Account becomes subject to the Penalty APR, we will provide advance notice before the new Penalty APR goes into effect. If you make the next six consecutive minimum payments once the Penalty APR goes into effect, your rates will return to the non - penalty APRs applicable to your Account. If you do not make these six consecutive minimum payments, we may keep the Penalty APR on your Account indefinitely. Foreign Transaction Fee: A 3% Foreign Transaction Fee will be assessed on the U.S. dollar amount on transactions made in a foreign currency. Card Renewal Annual Fee: An Annual Fee may apply to your Account. If your Annual Fee is billed annually, you can avoid paying tie fee if you call and close your Account within 30 days of being billed. You may continue to use your Card during the 30 day period without paying the fee. If your fee is billed monthly, when you call and close your Account due to the Annual Fee charge, that month's fee will be credited back to your Account. About Your Payment You agree to pay at least the Minimum Payment Due in time to be credited to your Account as of the Payment Due Date. You may pay more than the Minimum Payment Due, and you may pay the entire New Balance at any time. Payments should be mailed with a single coupon to the payment address shown on the front of this billing statement. Payments must be made by a single check or money order payable in U.S. dollars and drawn on a U.S. Institution. Payments may also be made using our optional payment by phone or online services using the phone number or Web address listed on the front of this billing statement. Payments received on any day at the payment address shown on the front by 5:00 p.m. in the time zone of such payment address will be credited to your Account as of the date of receipt. Payments submitted by phone or online by 5:00 p.m. Pacific Time will be credited to your Account as of the date of receipt. All payments received after 5:00 p.m. of the time zone indicated will be credited the next day.A processing fee may apply to agent assisted phone payments. Crediting payments to yourAccount may be delayed up to five cays if the payment is not made as described above, or, is not mailed to and received at the address provided for remittance; is not accompanied by the payment coupon; is received in an envelope other than the envelope provided for remittance; is stapled, folded, or paper clipped; or includes multiple payment coupons or checks. Requests for credit balance refunds should be mailed to the inquiry address shown on the front of your billing statement. By sending us a check for payment on your Account, you authorize us to make a one time electronic funds transfer (EFT) from your bank account or to process the payment as a check transaction. When we use information from your check to make an EFT, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. If you do not want your checks to be converted to an EFT please call customer service at the phone number on the back of your card. Payment by Phone: When you use our optional payment by phone service, you authorize us to initiate an electronic funds transfer from your designated bank account or to process the payment as a check transaction. You must authorize the amount and timing of each payment. Please retain this authorization for your records. Hearing Impaired: If you are hearing impaired, call Telecommunications Devices for the Deaf (TDD/ TTY) at the phone number listed on the front of this billing statement. Negative Credit Bureau Reporting: We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. If any specific information related to your Account, transactions or credit experience with us is inaccurate, you may notify us and request us to correct the inaccurate information (after confirmation of the alleged error) reported to any credit reporting agency by writing to us at P.O. Box 5253, Carol Stream, IL 60197-5253. Debt Collection: We are required by law, if applicable, to notify you that we are attempting to collect a debt, and any information obtained will be used for that purpose. 01CU5994 - 4 - 01/19/11 To ensure accuracy, please print neatly using uppercase letters and numbers only! If you've filled in a new address and/or phone number, be sure to check the box on the reverse side of this payment coupon. Change of address form. Street Number (It any) Street Na City .1 or the words 'PO Box" LL nAddress nnnn Home Phone (Primary) ❑ ❑'❑❑ '❑❑-1 Molle Phone LU ❑ LJ= 1n n I I Unk or PO Box Number` W State Zip nn J Work Phone (Primary) �n 'nnE-❑ 1❑111 Work Phone (Secondary) P Carrie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, # 201259 Mark R. Garvey, Esquire, # 312686 Gregory J. Babcock, Esquire, #205061 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: (757) 518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC : Plaintiff v. NO. 14-1122 CIVIL GARY A MICULITA Defendant PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW, comes Plaintiff Portfolio Recovery Associates, LLC, by and through its attorneys, and files this Motion for Summary Judgment for the following reasons: 1. Plaintiff initiated litigation, via Complaint, against Defendant on or about February 25, 2014. 2. On March 14, 2014, Defendant filed an Answer to Plaintiffs complaint. 3. On or about June 30, 2014, Plaintiff served Request for Admissions via first-class mail. A copy of said Request for Admissions is attached hereto as Exhibit "A." 4. Said discovery requests were not returned by the Post Office. 5. As of the date of this filing, Defendant has failed to respond to Plaintiffs Request for Admissions. 6. Plaintiffs Request for Admissions sought admissions to certain facts dispositive of Plaintiffs collection case. 7. Pursuant to Pa.R.Civ.P. 4014(b), all requests for admissions are deemed admitted if not responded to. 8. Pennsylvania Rule of Civil Procedure 1035.2 states: After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment in whole or in part as a matter of law (1) whenever there is no genuine issue of material fact as to a necessary element of the cause of This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. action or defense which could be established by additional discovery or expert report, or (2) if after the completion of discovery relevant to the motion, including the production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense which in a jury trial would require the issues to be submitted to a jury. 9. Based on Defendant's failure to respond to Plaintiffs Request for Admissions, there is no issue of material fact remaining for trial. 10. More specifically, Defendant admits the balance due and owing to Plaintiff is $5,714.04. 11. As a result, Judgment should be issued in favor of Plaintiff as a matter of law for total Judgment of $5,714.04. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant its Motion for Summary Judgment and enter Judgment in Plaintiffs favor and against Defendant in the amount of $5,714.04 plus costs of suit. 14-68243 Respect ubmitted, rrie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, # 201259 Mark R. Garvey, Esquire, # 312686 Gregory J. Babcock, Esquire, #205061 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC : Plaintiff v. GARY A MICULITA Defendant NO. 14-1122 CIVIL CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Motion for Summary Judgment upon GARY A MICULITA, by First Class Mail, Postage Pre -Paid, a copy thereof on this /01 -day of 14-68243 , 2015) to: GARY A MICULITA 2458 LOBACH DR MECHANICSBURG PA 1 arrie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, # 201259 Mark R. Garvey, Esquire, # 312686 Gregory J. Babcock, Esquire, #205061 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 PA Bar #:94055 Robert N. Polas, Jr, Esquire PA Bar #: 201259 Mark R. Garvey, Esquire PA Bar #: 312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866-428-4102 FAX: 757-518-0860 Attorneys for Plaintiff F rFit ED -OFFICE 28' RI JUN 30 411104 04 CU BE LAPSD COVN PENNSYLVANIA rY 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. 14-1122 CIVIL v. GARY A MICULITA 2458 LOBACH DR MECHANICSBURG, PA 17055 Defendant PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS Plaintiff demands that Defendant answer and respond to the following Request for Production .of Documents under oath pursuant to the Pennsylvania Rules of Civil Procedure within 30 days from the date of service hereof. Plaintiff also demands that Defendant answer and respond to the following Request for Admissions pursuant to Pa. Rule of Civil Procedure 4014. You are requested to admit the truth of each of the statements of fact hereinafter stated. You are instructed that: 1. These requests are made under Pennsylvania Rules of Civil Procedure 4001, et seq., and each of these matters of which an admission is requested shall be deemed admitted unless your sworn statement in compliance with such Rules is timely made. 2. If you do not admit each of such statements, you must specifically deny each one not admitted or set forth in detail the reasons why you cannot truthfully either admit or deny each such matter. 3. Your answer, signed and properly verified, must be delivered to the undersigned attorney of record for the Plaintiff within thirty (30) days after delivery hereof. 4. If you fail or refuse to admit the truth of any such statement of fact and the Plaintiff thereafter proves the truth thereof, you may be required to pay the reasonable expenses incurred in making such proof, including attorneys' fees, witness expenses, etc. 5. If, in response to any of the following statements of fact, it is your position that the statement is true in part or as to some items, but not true in full or as to all items, then answer separately as to each part or item. 6. If you have been sued in more than one capacity or if your answers would be different if answered in any different capacity, such as partner, agent, corporate officer or director or the like, then you are requested to answer separately in each such capacity. Failure to do so constitutes an admission in any such capacity. 7. In these Requests for Admissions: A. The word "person(s)" means all entities, and, without limiting the generality of the foregoing, includes natural persons, joint owners, associations, companies, partnerships, joint ventures, trusts, and estates; B. The word "documents(s)" means all written, printed, recorded, graphic, or photographic matter, or, sound reproductions, however produced or reproduced, pertaining to any manner to the subject matter indicated; C. The words "identity", "identify", "identification", when used with respect to a person(s) means to state the full name and present or last known address and business address of such person(s) and, if an actual person, his present or last known job title, and the name and address of his present or last known employers; D. The words "identity", "identify", "identification", when used with respect to a dated, subject matter, name(s) or person(s) that wrote, signed initialed, dictated or otherwise participated in the creation of the same, the name(s) of the addressee or addressees if any and the name(s) and address(es) of each person who have possession, custody, and control of said document(s). If any such document was, but is no longer in possession, custody, or control, or in existence, state the date and manner of its disposition; and E. The word "identify", when used with respect to an act (including an alleged offense), occurrence, statement, or- conduct (hereinafter collectively called "act"), means to (1) described the substance of the event or events constituting such an act, and to state the date when such an act occurred; (2) identify each and every person(s) participating in such an act; (3) identify all other person(s) (if any) present when such an act occurred; (4) state whether any minutes, notes, memoranda, or other record of such act was made; (5) state whether such record now exists; and (6) identify the person(s) presently having possession, custody or control of such record. 8. Unless otherwise indicated, all Requests herein relate to those certain events, persons, and period of time more fully described in the pleading in this case. 9. These requests are of a continuous nature. These Requests for Production of Documents shall be deemed continuing so as to require supplemental answers and documents if any information of documents are acquired subsequent to the filing of responses hereto, which information or documents would have been included in the answers and documents produced had it been known or available at the time the answers and the documents provided pursuant hereto produced. Defendants shall supply such information and documents by supplemental answers and production of documents as soon as such information becomes known or available and in all events, prior to trial of this action. If objection is made to any requests for production of documents, it is demanded that the requests for which there is no objection be answered and furnished within the aforesaid period. All documents identified in response hereto shall be organized and labeled to correspond with the request to which it pertains. For all documents produced, list the individual and his or her job title and department from whose file it was produced and all current custodian of said document. If a document called for it is believed to exist or is known to exist, but is in the possession, custody or control of another person or party, the existence of the document, the identity of the possessor, custodian and one in control of such documents shall be provided along with any applicable common description or citation utilized by the publisher, possessor, custodian, or disseminator of such document. If any document called for by this request is withheld on the basis of any claims of privilege or any similar claim, identify that document as follows: author, addressee; indicated or blind copies, dated, subject matter; number of pages; attachments or appendices; all persons to whom distributed, shown or explained; present custodian; and nature of the privilege or similar claim asserted. REQUEST FOR PRODUCTION OF DOCUMENTS 1: Produce any and all documents evidencing proof of all payments on the subject credit card referenced in the Complaint, including, but not limited to, cancelled checks, receipts, coupons, statements, accountings, memoranda, invoices, financial statements, accounting entries, diaries, charts, lists, phone records, data compilations etc. REQUEST FOR PRODUCTION OF DOCUMENTS 2: Produce any and all documents you intend and/or provide testimony on as evidence at the time of the trial. REQUEST FOR ADMISSION NO. 1: Defendant applied for the Credit Card referenced in the Complaint. Admitted , Denied If the answer to Request for Admissions No. 1 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 2: Defendant has failed to make all required payments on the credit card. Admitted Denied If the answer to Request for Admissions No. 2 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 3: The attached monthly statement correctly identifies the payments, charges, and balance on the account. Admitted Denied If the answer to Request for Admissions No. 3 is "denied", then supply copies of canceled checks, both front and back, and/or if not available, specific written documentation supporting the denial.. REQUEST FOR ADMISSION NO. 4: Defendant has not submitted any written dispute as to the billing inaccuracy concerning the credit card in question during the time the account was opened on September 12, 2007 until the last payment date of July 12, 2012. Admitted Denied If the answer to the Request for Admissions No. 4 is "denied", then supply copies of specific written disputes as to any billing inaccuracies REQUEST FOR ADMISSION NO. 5: $5,714.04 is the correct and accurate balance of the credit card account in question at the time the account was charged off. Admitted Denied If the answer to Request for Admissions No. 5 is "denied", then supply specific written documentation supporting the denial and indicate with full explanation what you believe to be the correct balance on the account. REQUEST FOR ADMISSION NO. 6: 6. Please admit that you agreed to pay Plaintiff' s predecessor all amounts due resulting from the use of your credit card account, including any finance charges and other charges due under the terms of the agreement. Admitted Denied If the answer to Request for Admissions No. 6 is "denied", then supply specific written documentation supporting the denial and indicate with full explanation what you believe to be the correct balance on the account. REQUEST FOR ADMISSION NO. 7: 7. Please admit that for each month you had a balance on your credit card account, you were sent, by mail or otherwise, a bill, statement of account, invoice or other request for payment showing all transactions billed to your account during the billing period. Admitted Denied If the answer to Request for Admissions No. 7 is "denied", then supply specific written documentation supporting the denial and indicate with full explanation what you believe to be the correct balance on the account. INTERROGATORIES 1. Please identify the person(s) answering these Interrogatories. ANSWER: 2. Please identify each and every person that has assisted you in responding to these Interrogatories. ANSWER: 3. Separately, for each of your answers to Requests for Admissions 1 through 9 above where your answer is anything other than an unqualified admit, please: a. State each fact known to you upon which you rely to support your denial or qualified answer; b. If your response is that you do not have sufficient information or knowledge to admit or deny, then describe each effort you have made to acquire the information you feel would be necessary to admit or deny the request; c. Identify each document known to you which you believe contains information relevant to your answer; and d. Identify each witness known to you who may have knowledge with respect to the information upon which you rely for your denial or qualified answer and as to each witness, state the information you believe is known to them with respect to your answer. ANSWER: 4. If you filed affirmative defenses to Plaintiff's Complaint, separately for each defense, please: a. State the factual basis that supports your defense; b. Identify each document known to you which you believe contains information relevant to your defense; and c. Identify each witness known to you who may have knowledge with respect to the information upon which you rely for your defense and as to each witness, please state the information you believe is known to them with respect to your defense. ANSWER: 5. Have you ever requested Plaintiff's predecessor to open a credit card account in your name? If so, please state the credit card account number(s). ANSWER: 6. Are you aware of any credit card accounts with Plaintiff's predecessor opened in your name? If so, please state the credit card account number(s). ANSWER: 7. Have you ever made a purchase or obtained a cash advance by using a card, account number and/or account access check issued by Plaintiff's predecessor? If so, please state the credit card account number(s) and the date(s) of the purchase or cash advance. ANSWER: 8. Has Plaintiff's predecessor ever sent to you, by mail or otherwise, any bills, statements of account, invoices or other requests for payment? If so, identify each document and state whether you objected to it. If you have objected, identify each objection, including whether it was written or oral. ANSWER: 9. Have you ever objected, in writing or otherwise, to any bills, statements of accounts or invoices you were sent? ANSWER: 10. If you keep records of purchases or payments with respect to your credit card account with Plaintiff's predecessor, do these records show a balance owing on the account? If so, what is that balance? ANSWER: 11. Is there any portion of Plaintiff's claim that you admit you owe? If so, state the amount that you admit you owe to Plaintiff and any facts that support your claim that you do not owe the rest of Plaintiff's claim. ANSWER: 12. If you claim that the account on which Plaintiff is suing is inaccurate, specify each inaccuracy and any facts that support your conclusion that the account is inaccurate. ANSWER: Respectfully Submitted, By: Carrie A. Brown, Esquire #94055 Robert N. Polas Jr., Esquire #201259 Mark R. Garvey, Esquire #312686 Carrie A. Brown, Esquire PA Bar #:94055 Robert N. Polas, Jr, Esquire PA Bar #: 201259 Mark R. Garvey, Esquire PA Bar #: 312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866-428-4102 FAX: 757-518-0860 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. 14-1122 CIVIL v. GARY A MICULITA 2458 LOBACH DR MECHANICSBURG, PA 17055 Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Request for Admissions upon Defendant, by First Class Mail, Postage Pre -Paid, a copy thereof on this day of J , 2014, to: GARY A MICULITA 2458 LOBACH DR MECHANICSBURG, PA 17055 By: Carrie A. Brown, Esquire #94055 Robert N. Polas Jr., Esquire #201259 Mark R. Garvey, Esquire #312686 Exhibit 1 Forward Flow Receivable Sale Agreement dated 12/06/2012 BILL OF SALE Closing Date: 02/14/2013 Capital One, National Association ("Seller"), in consideration of a Purchase Price of and other valuable consideration, the receipt of which is hereby acknowledged, hereby sells, assigns and transfers all right, title and interest in the Accounts identified in the Sale File entitled (which may be in electronic form) to Portfolio Recovery Associates, LLC and its affiliates and its subsidiary entities ("Buyer"), without recourse or representation except as expressly provided herein or on the terms, and subject to the conditions, set forth in the Agreement (as defined below). This Bill of Sale is delivered pursuant to that certain Forward Flow Receivable Sale Agreement, dated as of 12/06/2012, by and between Seller and Buyer (the "Agreement"). All capitalized terms used, but not defined; in this Bill of Sale shall have the meanings assigned to such terms in the Agreement. The Cutoff Date for the Sale File was 02/11/2013. The aggregate Unpaid Balance of the Accounts as of the Cutoff Date was CAPITAL ONE, NATIONAL ASSOCIATION B N e: John H. Maurer Title: Vice President ptf 0 Credit Card Agreement for VISA Signature® and World MasterCard® in Capital One® N.A. There are two parts to this Credit Card Agreement: Capital One Pricing Information and the Capital One Customer Agreement. The Pricing Information shows a range of terms that includes both mail and online offers for new accounts available under this Agreement as of March 30, 2012. The combination of terms that could apply to you will differ depending on the specific card offer and on your creditworthiness at the time of application. Not all offers will contain introductory rates. The Customer Agreement contains important information related to Visa Signature and World MasterCard consumer credit cards issued by Capital One N.A. Please visit www.capitalone.com to view our online credit card offers. If you are a current Capital One cardholder, please log in to your account if you would like to request the Credit Card Agreement for your account(s) . CAPITAL ONE® PRICING INFORMATION Introductory rate of 0% ranging from 9 months to 12 months. Non -introductory rates between 11.9% and 19.9%. Some Purchase APRs may vary with the market based on changes in the Prime Rate. Annual Percentage Rate (APR) for Purchases APR for Transfers • Non -introductory rates between 11.9% and 19.9%. Transfer APRs may vary with the market based on changes in the Prime Rate. APR for Cash Advances 24.9%. Cash Advance APRs may vary with the market based on changes in the Prime Rate. Penalty APR and When It Applies 29.4%. Penalty APRs may vary with the market based on changes in the Prime Rate. This APR may be applied to your account if you make a late payment. How Long Will the Penalty APR Apply? If APRs are increased for a payment that is more than 60 days late, the Penalty APR will apply indefinitely unless you make the next six consecutive minimum payments on time following the rate increase. Paying Interest Your due date is at least 25 days after the close of each billing cycle. We will not charge interest on new purchases provided you have paid your previous balance in full by the due date each month. We will begin charging interest on cash advances and special transfers on the transaction date. Minimum Interest Charge If you are charged interest, the charge will be no less than $0.50. Annual Fee $0. Transaction Fees • Cash Advance Fee • Foreign Transaction Fee The greater of either $10 or 3% of the amount of each cash advance. None. Penalty Fees • Late Payment • Over--the-Credit-Limit • Returned Payment Up to $35. $0. Up to $35. How We Will Calculate Balances: We use a method called "average daily balance" (including new purchases). See How Do You Calculate the Interest Charge? below for more details. Loss of Introductory APR: We may end your Introductory APR and apply the Penalty APR if you make a late payment. Things You Should Know About These Offers Can You Change My Account Terms? We can change the terms of your account as permitted by law. When required, we will send you notice before doing so. How Do You Calculate Variable Rates? Variable rates may change when the Prime Rate changes. We calculate variable rates by adding a percentage to the Prime Rate published in The Wall Street Journal on the 25th day of each month. If theJournal is not published on that day, then see the immediately preceding edition. If Prime changes, your new rate will take effect on your next billing period. If your offer discloses a variable rate that changes quarterly, your new rate will take effect on the first day of your January, April, July and October billing periods. If the APR associated with an offer is variable, the APR will equal: Non -introductory Purchase APR - Prime plus a margin between 8.65% and 16.65%. Non -introductory Transfer APR - Prime plus a margin between 8.65% and 16.65%. Cash Advance APR - Prime plus 21.65%. Penalty APR - Prime plus 26.15%. What Are The Daily Periodic Rates Used To Calculate My Interest? The daily periodic rate for your Introductory Purchase APR would be 0%, Non -introductory Purchase APR would be between .0326% and .05452%, Transfer APR between .0326% and .05452%, Cash Advance APR .06822% and Penalty APR .08055%. How Can I Avoid Paying Interest Charges? Each month you pay your "New Balance" in full by the due date, 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 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 if 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. How Do You Calculate The Interest Charge? For each segment of your account, we calculate your total interest charge by multiplying your average daily balance by the daily periodic rate and multiplying the result by the number of days in the billing period. Due to rounding or a minimum interest charge, this calculation may vary slightly from the interest charge actually assessed. We determine your daily periodic rate by dividing the corresponding Annual Percentage Rates by 365 and rounding to the nearest 1/100,000th of 1%, not to exceed the maximum allowed by applicable law. If the daily periodic rates and corresponding Annual Percentage Rates increase, the interest charge will increase and your minimum payment may be greater. To determine your average daily balance: 1) add the daily balances together and 2) divide the sum by the number of days in the billing cycle. To determine your daily balance: 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 as of that day. However, if you paid your previous month's balance in full (or if 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 are not added to the daily balances. © 2012 Capital One. Capital One is a federally registered service mark. All rights reserved. Products and services offered by Capital One N.A. Capital One supports information privacy protection: see our website at www.capitalone.com. MasterCard is a registered trademark of MasterCard International Incorporated. Visa and Visa Signature are registered trademarks of Visa International Service Association and used under license. ---- - _ _ /IN A/GH9 AA1 OLA Capital One® Customer Agreement Welcome to Capital One.® 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," "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 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) any 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. Your Revolving Credit Line and Spending. Your Account features no over limit Fees for additional spending flexibility. While transactions in excess of your revolving credit line will not result in an over limit Fee, they will be immediately due and payable in your next periodic Statement. The revolving credit line is the maximum amount you can borrow and choose to repay over time. Transactions and Fees in excess of your revolving credit line may not be honored. If honored, however, they will be subject to this Agreement. Any transactions honored in excess of your revolving credit line will not result in an increase of your revolving credit line unless we expressly notify you otherwise. Your initial revolving credit line will be disclosed when your Account is opened. Unless required by law, we may increase or decrease your revolving credit line at any time without prior notice to you, may limit the credit available for Cash Advances or may take away your ability to obtain Cash Advances. Your current revolving credit line will be identified in your periodic Statements. 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 will 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 and 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 organization. You must not use, or try to use, the Card for any Internet gambling transactions or transactions that are illegal or not permitted by us. You will still be responsible if you do. In addition, these transactions will be subject to this Agreement, and you might have to reimburse the Payment Card Network 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. QISti? d.?1 PAd 1 Rewards. Your Account might provide you with the opportunity to earn rewards. If it does, we will separately provide you with all information and terms about your rewards. We will include on your Statements all rewards you have earned. It might take up to two Billing Cycles for your earned rewards to appear on your Statement. 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 we do, we will tell you about these limitations before adding any new Authorized User on your Account. Once we add an Authorized User to your Account, we may discuss your Account with them and provide them with Account information. You will be responsible for the Authorized User's use of the Card and your Account as well as anyone else they allow to use your Card or Account. This will be true even if you did not want, or agree to, 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 not 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 Card with a new Account number. Your Promise to Pay. You promise individually and jointly to pay us all amounts due on your Account. This includes amounts where you did not sign a purchase slip or other documents for the transaction. If you use your Card number without presenting your actual Card (such as for mail, telephone or Internet purchases), this will be treated the same way as if you used the Card in person. If you let someone else use your Card, you are responsible for all transactions that person makes. 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 Cycle 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; /b\ AIH, 4•04 MA 1 (2) not pursue any claim or reimbursement from the merchant and that otheand (3) help us pursue and get reimbursement from the merchant and that other person; your help includes giving us documents that we ask for and that are acceptable to us. Interest Charges d 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 Changes to Your Agreement section or in your Truth in Lending Disclosures. • Membership Fee. We maharge 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 Bi/ling 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. • Reted Pat Fee. We may charge you this Fee each time any payment you make to us 5 not paid by your financial institution for any reason, even if that institution later pays it. • 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-pageFeeforcopies of transaction documents or Statements unless they are required in resolving billing dispute. • Cash Advance Fee. We may charge you this Fee each tirne you obtain a Cash Advance. This Fee wiU 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 . SpecialTransferor purchasetmnsac1iondependingonthe Segment in which the Transfer posts. Transactions Made in Foreign Currencies. If you make a transaction in a foreign currency, the Payment Card Network wili convert it into a U.S. dollar amount. The Card Network willuseitscurencyconversion 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 currentiy adjust the currency hange rate or charge any additional currencyadditionai currency conversion Fees, No Warranties. Except as otherwise provided in the "Billing Rights Summary" part of your Statements, we are not responsibie 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 purchased with your Card, you will accept these refunds as credits to the purchase Segment of your Account. We do not control when a merchant sends us your refund. We will also have a reasonable amount of time after we receive your refund to process it. Minimum Payment. Your Statement will provide instructions for making payments, including the amounts due and the due date for receiving your payment. If applicable, your Statement will also include a minimum payment amount. To avoid a late payment Fee, you must pay us at least this minimum payment amount by the due date, provided in the Statement. If you exceed your revolving credit limit, we may request a higher minimum payment from you. In addition to the minimum payment, you may pay all or part of the total baiances on yourAccount. However, you must still pay pay at east the minimum payment amounteach month, even if you paid greater than the minimum on the previous Statement. We will continue to charge fnterest Charges during Billing Cycles when you carry a balance nd| of whether your Statement includes a minimum payment that is due. If your Account is 180 days past due, part of a bankruptcy proceeding or otherwise charges off, the entire balance is immediately due and payable. Making Payments. Your payments must be in U.S. dollars from a U.S. deposit account and otherwise be acceptabie to us. We do not accept cash payments through the mail. You may not make payments with funds from your Account or any other credit account with us or any other company within the Capital One organization. Mailed Payments. You must mail payments to us at the address provided on your Statement or as otherwise instructed by us or our agents. We wili credit it to your Account on the day we receive it, if: (1) you sendthe payment coupon included with your Statement in the same envelope with your payment; (2) you inciude your Account number on your payment; and (3) youpayment arrives at the addresindicated on the ent 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 receive payments, any pt receivedth ext dwhich conforms to the above requirements wili not be treated as late. Piease allow at Ieast 7 days for postal delivery. Uniess we or our agents specificaliy instruct you to remit payment in a different manner, payments received at any other Iocation or in another form might not be credited for up to 5 days. This might cause you to be charged late payment Fees and additional Interest Charges. Faster Payment Services. We may make services available that allow you to make faster payments through a customer service representative using a telephe, the Internet or other payment system. We will describe the terms for using these services before you use them. You do not have to use these other payment services, and we may charge you a Fee for using them. If we do, we will tell you the amount of the Fee at the time you request the service. We are not responsible if a payment made using our payment services is rejected or not paid. Even if it is, we may still keep the Fee. If you give your Account number or other Account information to someone else to make a payment for you, we may provide Account information to them and process their payment as if 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 yourAccount 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 lower 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 cleared. We may reduce the amount of any credit balance by any new amounts billed to your Account. You may contact us as provided on your Statement and request a refund of any available credit balance. If you contact us in writing, we will refund your credit balance within 7 Business Days from our receipt of your written request. 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, and fail to immediately repay the amount over, your revolving credit line by the following due date; (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 your Account. Remember, paying the Fees charged in connection with a default will not by itself cure the default. In addition, if you are in default, we may take the following actions without notifying you, unless the law says that we must notify you: (1) 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' fees 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 unless the law says that we cannot. For example, we may: (1) contact you by mail, telephone, email, fax, recorded message, text message or personal visit; (2) contact you 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 holidays; (6) contact you with any frequency; (7) leave prerecorded and other messages on your answering 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 unsolicited 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 similarservices and identify ourselves on these services in any manner .K,. ,.f. e.. I we choose. When you give us or we obtain your mobile telephone number, we may contact you at this number using 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 are 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 you are not in default. A suspension of your Account might be permanent or temporary. If your Account is closed or suspended for any reason, you must stop using your Card. You must also cancel all billing arrangements to the Account. We will not do this for you. If we close or permanently suspend your Account, you must also destroy all Cards. You must 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 your Account for unauthorized charges made using your Card, you will help us investigate, pursue and get reimbursement from the wrongdoer. Your help includes giving us documents that we ask for and that are acceptable to us. 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 in writing. If we increase your Fees or other terms of your Account 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 notifying you and without losing our right to charge them in the future. We may always enforce our rights later and may take other actions not listed in this Agreement if the law allows them. You do not have to receive notice from us of any waiver, delay, demand or dishonor. We may proceed against you before proceeding against someone else. Assignment. This Agreement will be binding on, and benefit, any of your and our successors and assigns. You may not transfer your Account or your Agreement to someone else without our written permission. We may transfer your Account and this Agreement to another company or person without your permission and without prior notice to you. They will take our place under this Agreement. You must pay them and perform all of your obligations to them and not us. If you pay us after you are informed or learn that we have transferred your Account or this Agreement, we can handle your payment in any way we think is reasonable. This includes returning the payment to you or forwarding the payment to the other company or person. Glossary. •"Access Check" means any check we send to you to access your Account. We may also refer to an Access Check as a "convenience check" or a "purchase check." • "Account" means your Card Account with us. •"Authorized User" means one or more persons who may use the Card but is not responsible for the repayment of the Account. •"Balance Transfer" means a Transfer posted to the purchase Segment of your Account unless otherwise described in your Truth in Lending Disclosures. d/.MO 4.91 PKI I •"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 your Account, which includes all renewals and substitutions. It also means any other access device for your Account we give you that allows you to obtain credit, including any Account number and any Access Check. • "Cash Advance" means using the Card to obtain loans in cash or things we consider cash equivalents. Cash equivalents include wire transfers, travelers' checks, money orders, foreign currency, lottery tickets, gaming chips and wagers. Cash Advances are posted to the Cash Advance Segment of your Account and not to your purchase Segment. • "Fees" means charges imposed on your Account that are not based on the Annual Percentage Rates. • "Interest Charges" means any charges to your Account 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. © 2012 Capital One Capital One is a federally registered service mark. All rights reserved. Capita - 358 AI,10 4.04 DU I AFFIDAVIT OF ASSIGNMENT I am a Representative of Capital One Bank (USA), National Association (the "Seller") which owned the account of the customer(s) named below under the account number specified. The account was subsequently sold, assigned and transferred to Portfolio Recovery Associates, LLC. on or about 02/25/2013. The statements in this affidavit are based on the computerized and hard copy books and records of the Seller, maintained in the ordinary course of business, the entries having been made by a regularly operated business. The affiant is authorized to make the statements and representations herein. Customer(s): GARY A MICULITA JR Account Number: XXXXXXXJ00000014 A computerized ending balance and last payment date were maintained on the Seller's database. The end balance showing on the books and records of the Seller at the time of the assignment of the account to Portfolio Recovery Associates, LLC, was $5,714.04 on or about 02/25/2013. The date of charge off for the account showing on the books and records of the Seller was 01/31/2013. //rr ,,rrI Dated this 1'?day of�/t/j J' (J Y NOTARY PUBLIC My Commission expires: d mss Ps E,,e,,/��i iI 44 cS . EkPIRE ° ' AUG. 13.20 r5 �. Zo• 'Will 1110". Template: Forward Flow COFdfdavit his ` 1 day of HSBC ID Page 1 of 1 DIRECTMERCHANTS BANK Account Statement Account Number 4014 December 26, 201 o anuary , 2013 SUMMARY OFACCOUNTACTIVITY : Previous Balance $5,605.00 Credit Umit $5,000.00 Payments 60.00 Credit Available $0.00 Other Credits - $0.00 Cash Advance Limit V $1,250.00 Purchases/Debits + 50.00 Cash Advance Available 60.00 Cash Advances + 50.00 Statement Closing Date 01/25/2013 Past Due Amount $1,101.00 Days in Billing Cycle 30 Fees Charged + $0.00 Interest Charged + 5109.04 New Balance $5,714.04 \Cash Advance Limit is a portion of Total Credit Limit Questions? Customer Service: Lost/Stolen Card: Outside USA Collect: TOD/Hearing Impaired: ', PAYMENT iN_FORMATION " New Balance $5,714.04 Minimum Payment Due 51,268.00 Payment Due Date 02/20/2013 Late Payment Waming: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to 635 and your APRs may be increased up to the Penalty APR of 29.99%. Minimum Payment Waming: f 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: If you make no additional charges using this card and each month you pay... You will pay off the balance shown on this statement in about... And you will end up paying an estimated total of... Only the minimum payment 19 Years 514785.00 5223.00 3 Years $8016.00 (Savings=$6769.00 ) If you would like information about credit counseling services, call 1-866-569-2227. Payment Address: Payment Center, PO Box 71105, Charlotte, NC 28272-1105 800379.7999 Billing Inquiries: Cardmember Services, PO Box 5894, Carol Stream, IL 60197-5894 800-379-7999 Manage Your account online at www.AccountCentralOnline.com 904-997-4997 877-902-0967 IMPORTANT.INFORMATION• ',;: TOTAL INTEREST CHARGES PAID IN 2012 $609.30 YOUR ACCOUNT IS CURRENTLY CLOSED. AS A REMINDER, YOU MAY PAY YOUR CREDITCARD BILL ONLINE OR THROUGH OUR AUTOMATED PHONE SYSTEM FOR NO FEE. The HEXAGON DESIGN® (AND VARIATIONS), HSBC®, THE WORLD'S LOCAL BANK®, HOUSEHOLD® (AND DESIGN) and HOUSEHOLD BANK® Eareregistered trademarks of HSBC Holdings plc or HSBC Finance Corporation and are used by Capital One by permission. Capital One is the issuer of this account. E TRANSACTIONS.`?, ' ; ,i, j,r ) ";: .. Trans Date Post Date Description of Transaction or Credit Reference Number Amount -r r.` ,' :.:. 4,..Fees t .. �g., TOTAL FEES FOR THIS PERIOD $0.00 r ;`' .. Interest Charged °L t 01/25 01/25 01/25 0125 Interest Charge on Purchases Interest Charge on Cash Advances TOTAL INTEREST FOR THIS PERIOD $80.85 528.19 5109.04 2013 TotaisYear to Date Total Fees charged in 2013 Total Interest charged in 2013 50.00 6109.04 INTEREST CHARGECALCULATION;' Your Annual Percentage Rate (APR) is the annual interest rate on your account Type of Balance Purchase Cash Advances (v) = Variable Rate Annual Percentage Rate (APR) Balance Subject to Interest Rate Interest Charge • Promotional Balance 21.99% (v) 54,474.06 28.99% (v) $1,183.46 $80.85 N/A 628.19 N/A 5994 DOH 1 7 17 130125 0 E X PAGE 1 of 1 1 0 8800 1500 C302 01CU5994 DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT. HSBC m GARYA MICULITA JR 2458 LOBACH DR MECHANICSBURGPA 17055-5376 'Your account is over the credit limit. Please pay your total due 01 61,268.00, which Includes your Minimum Payment Due and any additional Over the Credit Limit and/or Past Due amounts. I1l11i1t1r11IiiIIi1i11r1111rngiirlirriigr111111 Illhhni 0 New Address or Phone Number? Please check the box and enter your new information on reverse side 904 SEE REVERSESIDE FOR IMPORTANT INFORMATION Account Number: -4014 New Balance 55,714.04 Minimum Payment Due $1,268.00 • Payment Due Date 02/20/2013 Include account number on check to: Card Services Do not send cash. Please send your payment 7 to 10 days prior to the payment due date to ensure timely delivery. AENCMOUNTLOSED $ 0 0 01. 0 0 0.m PAYMENTCENTER PO BOX 71105 CHARLOTTENC 28272-1105 IiIIIJII'IIIIIIIIIIIIIrriIiIIiIIIIIIIiuiIIIIiIIIIIuIIIIIII'It'll 4014 What To Do if You Think You Find a Mistake on Your Statement If you think there is an error on your statement, write to us on a separate sheet of paper at the billing inquiries address listed on the front of this billing statement. In your letter, give us the following information: • Account information: Your name and account number. • Dollar amount: 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 notify us of any potential errors in writing. You may call us, 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 charge you interest on that amount. But, if 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, 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 11 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 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or r we own the company that sold you the goods or services.) 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 • t this purchase,contact us /0 writing at the billing inquiries address on the on 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, if we think you owe an amount and you do not pay we may report you as delinquent. How to Avoid Paying Interest on Purchases (Grace Periods on Credit Card Purchases): Periodic Interest Charges begin to accrue on the date of the transaction and continue to accrue until your balance is paid in full. However, if you pay your entire New Balance shown by the Payment Due Date in the previous month, you can pay your current month's New Balance by the Payment due Date without being assessed an Interest Charge on your purchases. Paying Interest on Other Transactions (No Grace Period on other transactions): There is no Grace Period for other transactions including cash advances, balance transfers, and credit card checks. Periodic Interest Charges begin to accrue on the date of the transaction, and continue to accrue until payment in full is credited to your Account. How We Calculate Interest Charges: We calculate the periodic Interest Charge on your Account by multiplying the applicable Daily Periodic Rate by the Average Daily Balance for each category of transactions shown on your billing statement (e.g., purchases, balance transfers, cash advances); the results are then multiplied by the number of days in the billing cycle. You can determine your Daily Penodic Rate by dividing the APR by 365. Determining the Daily Balance: We take the beginning balance for each category of transactions each day, add any new transactions, any previous day's periodic Interest Charges, any assessed fees and charges, and subtract any, payments and/or credits. If your Account is subject to a grace period during the billing cycle, payments made during that cycle will be subtracted from all Daily Balances in the current cycle. If a transaction for a returned payrnent or a dispute resolved in our favor posts after the beginning of the billing cycle, the applicable Daily Balance(s) and any related Interest Charge calculations will be adjusted retroactively to include the transaction amount as of the date of the original transaction. 02010 card Serstros Inc. Calculating the Balance Subject to Interest Rate: For each transaction category, we add all the Daily Balances for the billing cycle together and divide the total by the number of days in the billing cycle. This is the Average Daily Balance (including new purchases) method. Annual Percentage Rate: If your Account has a variable rate, your Annual Percentage Rate may vary. Penalty APR: Your APRs may increase to the Penalty APR if you fail to make a minimum payment to us when due. If your Account becomes subject to the Penalty APR, we will provide advance notice before the new Penalty APR goes into effect. If you make the next six consecutive minimum payments once the Penalty APR goes into effect, your rates will return to the non- consecutivRs v minimum paymcable to ents, our we may kecount. If ep the ou oPe Penalty APRthese on your Account indefinitely. Foreign Transaction Fee: A 3% Foreign Transaction Fee will be assessed on the U.S. dollar amount on transactions made in a foreign currency. Card Renewal Annual Fee: An Annual Fee may apply to your Account. If your Annual Fee is billed annually, you can avoid paying tie fee if you call and close your Account within 30 days of being billed. You may continue to use your Card during the 30 day period without paying the fee. If your fee is billed monthly, when you call and close your Account due to the Annual Fee charge, that month's fee will be credited back to your Account. About Your Payment You agree to pay at least the Minimum Payment Due in time to be credited to your Account as of the Payment Due Date. You may pay more than the Minimum Payment Due, and you may pay the entire New Balance at any time. Payments should be mailed with a single coupon to the payment address shown on the front of this billing statement. Payments must be made by a single check or money order payable in U.S. dollars and drawn on a U.S. Institution. Payments may also be made using our optional payment by phone or online services using the phone number or Web address listed on the front of this billing statement. Payments received on any day at the payment address shown on the front by 5:00 p.m. in the time zone of such payment address will be credited to your Account as of the date of receipt. Payments submitted by phone or online by 5:00 p.m. Pacific Time will be credited to your Account as of the date of receipt. All payments received after 5:00 p.m. of the time zone indicated will be credited the next day. A processing fee may apply to agent assisted phone payments. Crediting payments to your Account may be delayed up to five days if the payment is not made as described above, or, is not mailed to and received at the address provided tor remittance; is not accompanied by the payment coupon; is received in an envelope other than the envelope provided tor remittance; is stapled, folded, or paper clipped; or includes multiple payment coupons or checks. Requests for credit balance refunds should be marled to the inquiry address shown on the front of your billing statement. By sending us a check for payment on your Account, you authorize us to make a one time electronic funds transfer (EFT) from your bank account or to process the payment as a check transaction. When we use information from your check to make an EFT, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. If you do not want your checks to be converted to an EFT, please call customer service at the phone number on the back of your card. Payment by Phone: When you use our optional payment by phone service, you authorize us to initiate an electronic funds transfer from your designated bank account or to process the payment as a check transaction. You must authorize the amount and timing of each payment. Please retain this authorization for your records. Hearing Impaired: If you are hearing impaired, call Telecommunications Devices for the Deaf D/ TTY) at the phone number listed on the front of this billing statement. Negative Credit Bureau Reporting: We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. if any specific information related to your Account, transactions or credit experience with us is inaccurate, you may notify us and request us to correct the inaccurate information (after confirmation of the alleged error) reported to any credit reporting agency by writing to us at P.O. Box 5253, Carol Stream, IL 60197-5253. Debt Collection: We are required by law, if applicable, to notify you that we are attempting to collect a debt, and any information obtained will be used for that purpose. 01CU5994 - 4 - 01/19/11 To ensure accuracy, please print neatly using uppercase letters and numbers only! If you've filled in a new address and/or phone number, be sure to check the box on the reverse side of this payment coupon. Change of address form. street Number (Many) Street n� n ■t■ Home Phone (Primary) CD /n Mobile Phase or the Wolds CPQ kW n .Ju FTI State Unit or PO Box Nu 111 Work Phone (Prknary) inn Zip J 11 Work Phone (Secondary) -CI❑ State PORTFOLIO RECOVERY ASSOCIATES, LLC 120 Corporate Blvd Norfolk, VA 23502 Telephone: 1-866-428-8102 Fax: (757) 518-0860 ent of Account Account: ************4014 GARY A MICULITA Account Holder: GARY A MICULITA 2458 LOBACH DR MECHANICSBURG PA 17055 Consumer Account Issuer: Assignee: Account Number: Date Account Opened: Date of Last Payment: Date of Charge Off: Balance at Purchase: Purchase Date: Product Code: MC • HSBC BANK NEVADA, N.A. / CAPITAL ONE, N.A. / METRIS Portfolio Recovery Associates, LLC ************4014 September 12, 2007 July 10, 2012 January 31, 2013 $5,714.04 February 14, 2013 Balance at Charge -Off: Less Payments: Balance Due: 14-68243 HSBR40 $5,714.04 $.00 $5,714.04 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that numose. ACCTNUM NAME1 ADDRESS1 12458 LOBACH DR CITY .MECHANICSBURG i:MICULITAJR.GARY A ;STATE :ZIP SSN PHMPHONE IPWKPHONE NBR CMKR >0 iPA :17055-5376 LIABLE NAME2 €ADDRESS2 CITY2 MECHANICSBU RG STATE2 €>PA IZI P2 0.7055-5376 SSN2 CHMPHONE CWKPHONE' IPRIN BAL ilA.885.47 ;BALANCE ;:;5714.04 BLKDATE :::20130131 DT 1ST DEL ;20120726 OPENDATE ;'20070912 LPA 10.00 `LPD 20120710 EBALANCE2 ;5714.04 CH1 DOB 19711 (PORTFOLIO ':MET2 IORIG BANK "21100 Column 30 Data printed by Portfolio Recovery Associates, LLC from electronic records provided by CAPITAL ONE, N.A. pursuant to the sale of accounts from CAPITAL ONE, N.A. to Portfolio Recovery Associates, LLC HSBC \u • Page 1 of 1 DIRECTMERCHANTS BAN ccount Statement Account Number 4014 December 26, 201 o anuary , 2013 SUMMARY. OF ACCOUNT ACTIVITY Previous Balance 55,605.00 Credit Limit Payments 50.00 Credit Available Other Credits 50.00 Cash Advance Limit V Purchases/Debits + 50.00 Cash Advance Available Cash Advances + 50.00 Statement Closing Date Past Due Amount 51,101.00 Days in Billing Cycle Fees Charged + 50.00 Interest Charged + $109.04 New Balance 55,714.04 \Cash Advance Limit is a portion of Total Credit Limit $5,000.00 $0.00 51,250.00 50.00 01/25/2013 30 Questions? Customer Service: LosVStolen Card: Outside USA Collect: TDD/Hearing Impaired: PAYMENT.ONFORMATION Y , New Balance 55,714.04 Minimum Payment Due 51,268.00 Payment Due Date 02/20/2013 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $35 and your APRs may be increased up to the Penalty APR of 29.99%. Minimum Payment Waming:1/ 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: If you make no additional charges using this card and each month you pay... You will pay off the balance shown on this statement in about... And you will end up paying an estimated total of... Only the minimum payment 19 Years $14785.00 5223.00 3 Years 58016.00 (Savings.$6769.00) If you would like information about credit counseling services, call 1-866-569-2227. Payment Address:Payment Center, PO Box 71105, Charlotte, NC 28272-1105 800379-7999 Billing Inquiries: Cardmember Services, PO Box 5894, Carol Stream, IL 60197-5894 800-379-7999 Manage 'Your account online at www.AccountCentralOntine.com 904-997-4997 877-902-0967 ORMATION, . s lf�" � >..>,�� � (A` ..->i�.,_,..3N.. IMPORTANT.INF :.: a;:. � F _ , TOTAL INTERESTCHARGES PAID IN 2012 $609.30 YOUR ACCOUNT IS CURRENTLY CLOSED. AS A REMINDER, YOU MAY PAY YOUR CREDITCARD BILL ONLINE OR THROUGH OUR AUTOMATED PHONE SYSTEM FOR NO FEE. The HEXAGON DESIGN® (AND VARIATIONS), HSBC®, THE WORLD'S LOCAL BANK®, HOUSEHOLD® (AND DESIGN) and HOUSEHOLD BANK® Eareregistered trademarks of HSBC Holdings plc or HSBC Finance Corporation and are used by Capital One by permission. Capital One is the issuer of this account. E E TRANSACTIONS:4i I, ./:: ;...-;:'';,:'•;!,' . �. s:.., ,0 :: Trans Date Post Date Description of Transaction or Credit Reference Number Amount .. F>, rr Nr �r,�: ;Fees ,:. ," r it „. r �,:,; ;:; � o 50•0 TOTAL FEES FOR THIS PERIOD . }r,y-„7-7'- '' , <'.` Interest Charged^t'» 01/25 01/25Interest Charge on Purchases 01/25 01/25 Interest Charge on Cash Advances TOTAL INTEREST FOR THIS PERIOD $80.85 528.19 5109.04 2013:, Totals: Year,to; Date;::;,; Total Fees charged in 2013 Total Interest charged in 2013 50.00 $109.04 INTEREST CHARGECALCUTATION e Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Percentage Rate (APR) Balance Subject to Interest Rate Interest Charge Promotional Balance Type of Balance Purchase Cash Advances (v) = Variable Rate 21.99% (v) 28.99% (v) 54,474.06 51,183.46 580.85 $28.19 N/A N/A 5994 DOH 1 7 17 130125 0 E X PAGE 1 or 1 1 0 8800 1500 C302 01CU5994 DETACH M40 RETURN BOTTOM PORTION WITH YOUR PAYMENT. HSBC m 'Your account is over the credit limit Please pay your total due of 51,268.00, which includes your Minimum Payment Due and any additional Over the Credit Limit and/or Past Due amounts. GARYA MICULITA JR 2458 LOBACH DR MECHANICSBURGPA 17055-5376 I"iII111111111II11IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ElNew Address or Phone Number? Please check the box and enter your new information on reverse site IIIIIIIIII 904 SEE REVERSES IDE FOR IMPORTANT INFORMATION Account Number: 4014 New Balance M111114.04 Minimum Payment Due $1,268.00• Payment Due Date 02/20/2013 Include account number on check to: Card Services Do not send cash. Please send your payment 7 to 10 days prior to the payment due date to ensure timely delivery. AENCLMOUNTOSED $ 0 0 DO DE El PAYMENT CENTER POBOX 71105 CHARLOTTENC 28272-1105 ulullnllllnllllllnuuiIiIIIIIIIllh1111pIuII11111IuII11IIlII 401,4 What To Do if You Think You Find a Mistake on Your Statement If you think there is an error on your statement, write to us on a separate sheet of paper at the billing inquiries address listed on the front of this billing statement. In your letter, give us the following information: • Account information: Your name and account number. • Dollar amount: 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 notify us of any potential errors in writing. You may call us, 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 charge you interest on that amount. But, if 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, 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 If 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, at of the following must be true: 1. The purchase must have been made in your home State or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or witch 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 in writing at the billing inquiries address on the front of this billing statement. While we investigate, the same rules apply to the disputed amount as discussed above. Atter we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. How to Avoid Paying Interest on Purchases (Grace Periods on Credit Card Purchases): Periodic Interest Charges begin to accrue on the date of the transaction and continue to accrue until your balance is paid in full. However, if you pay your entire New Balance shown by the Payment Due Date in the previous month, you can pay your current month's New Balance by the Payment Due Date without being assessed an Interest Charge on your purchases. Paying Interest on Other Transactions (No Grace Period on other transactions): There is no Grace Period for other transactions including cash advances, balance transfers, and credit card checks. Periodic Interest Charges begin to accrue on the date of the transaction, and continue to accrue until payment in full is credited to your Account. How We Calculate Interest Charges: We calculate the periodic Interest Charge on your Account by multiplying the applicable Daily Periodic Rate by the Average Daily Balance for each category of transactions shown on your billing statement (e.g., purchases, balance transfers, cash advances); the results are then multiplied by the number of days in the billing cycle. You can determine your Daily Penodic Rate by dividing the APR by 365. Determining the Daily Balance: We take the beginning balance for each category of transactions each day, add any new transactions, any previous day's periodic Interest Charges, any assessed fees and charges, and subtract any payments and/or credits. If your Account is subject to a grace period during the billing cycle, payments made during that cycle will be subtracted from all Daily Balances in the current cycle. If a transaction fa a returned payment or a dispute resolved in our favor posts after the beginning of the billing cycle, the applicable Daily Balance(s) and any related Interest Charge calculations wit be adjusted retroactively to include the transaction amount as of the date of the original transaction. 02010 Card Services Inc Calculating the Balance Subject to Interest Rate: For each transaction category, we add all the Daily Balances for the billing cycle together and divide the total by the number of days in the billing cycle. This is the Average Daily Balance (including new purchases) method. Annual Percentage Rate: If your Account has a variable rate, your Annual Percentage Rate may vary. Penalty APR: Your APRs may increase to the Penalty APR if you fail to make a minimum payment to us when due. If your Account becomes subject to the Penalty APR, we will provide advance notice before the new Penalty APR goes into effect. If you make the next six consecutive minimum payments once the Penalty APR goes into effect, your rates will return to the non - .penalty APRs applicable to your Account. If you do not make these six consecutive minimum payments, we may keep the Penalty APR on your Account indefinitely. - Foreign Transaction Fee: A 3% Foreign Transaction Fee will be assessed on the U.S. dollar amount on transactions made in a foreign currency. Card Renewal Annual Fee: An Annual Fee may apply to your Account. If your Annual Fee is billed annually, you can avoid paying the fee if you call and close your Account within 30 days of being billed. You may continue to use your Card during the 30 day period without paying the fee. If your fee is billed monthly, when you call and close your Account due to the Annual Fee charge, that month's fee will be credited back to your Account. About Your Payment You agree to pay at least the Minimum Payment Due in time to be credited to your Account as of the Payment Due Date. You may pay more than the Minimum Payment Due, and you may pay the entire New Balance at any time. Payments should be mailed with a single coupon to the payment address shown on the front of this billing statement. Payments must be made by a single check or money order payable in U.S. dollars and drawn on a U.S. Institution. Payments mayalso be made using our optional payment by phone or online services using the phone number or Web address listed on the front of this billing statement. Payments received on any day at the payment address shown on the front by 5:00 p.m. in the time zone of such payment address will be credited to your Account as of the date of receipt. Payments submitted by phone or online by 5:00 p.m. Pacific Time will be credited to your Account as of the date of receipt. All payments received after 5:00 pm. of the time zone indicated will be credited the next day. A processing fee may apply to agent assisted phone payments. Crediting payments to your Account may be delayed up to five days if the payment is not made as described above, or, is not mailed to and received at the address provided for remittance; is not accompanied by the payment coupon; is received in an envelope other than the envelope provided for remittance; is stapled, folded, or paper clipped; or includes multiple payment coupons or checks. Requests for credit balance refunds should be mailed to The inquiry address shown on the front of your billing statement. By sending us a check for payment on your Account, you authorize us to make a one time electronic funds transfer (EFT) from your bank account or to process the payment as a check transaction. When we use information from your check to make an EFT, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. If you do not want your checks to be converted to an EFT, please call customer service at the phone number on the back of your card. Payment by Phone: When you use our optional payment by phone service, you authorize us to initiate an electronic funds transfer from your designated bank account or to process the payment as a check transaction. You must authorize the amount and timing of each payment. Please retain this authorization for your records. . Hearing Impaired: If you are hearing impaired, call Telecommunications Devices for the Deaf (TDD/ TTY) at the phone number listed on the front of this billing statement. Negative Credit Bureau Reporting: We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. If any specific information related to your Account, transactions or credit experience with us is inaccurate, you may notify us and request us to correct the inaccurate information (after confirmation of the alleged error) reported to any credit reporting agency by writing to us at P.O. Box 5253, Carol Stream, IL 60197-5253. Debt Collection: We are required by law, if applicable, to notify you that we are attempting to collect a debt, and any information obtained will be used for that purpose. 01CU5994 - 4 - 01/19/11 To ensure accuracy, please print neatly using uppercase letters and numbers only! If you've filled in a new address and/or phone number, be sure to check the box on the reverse side of this payment coupon. Change of address form. Street Number (11 any) ICity l ❑ Small Address Street Name or the words 'PO Box Urta or PO Sox Number Y I 1111111{1 HH ■ ■ ■ f T❑= 0❑❑❑ Home Phone (Primary) ❑❑DC ❑-C MobIle Phme Y n' ❑❑-❑ State Work Phone (Primary) • 1 ZtP Eli I L LLL 1 ❑❑L'❑❑❑- ❑❑❑ Work Phone (5econaary) ❑o'❑o❑-rn HSBC m Page 1 of 3 DIRECT MERCHANTS BANK Account Statement Account Number14 May 25, 2 , 2012 SUMMARY OF ACCOUNT ACTIVITY Previous Balance 55,066.21 Credit Limit 55,000.00 Payments - $75.00 Credit Available 4126.00 Other Credits - $0.00 Cash Advance Limit V 61,250.00 Purchases/Debits + 50.00 Cash Advance Available $0.00 Cash Advances + 50.00 Statement Closing Date 06/25/2012 Past Due Amount 5147.00 Days in Billing Cycle 31 Fees Charged + 535.00 Interest Charged + 5100.39 New Balance 55,126.60 \Cash Advance Limit is a portion of Total Credit Limit Questions? Customer Service: Lost/Stolen Card: Outside USA Collect TDD/Hearing Impaired: 800379-7999 800379.7999 904-997-4997 877-902-0967 PAYMENT INFORMATION'' New Balance 55,126.60 Minimum Payment Due 6299.00 Payment Due Date 07/20/2012 Late Payment Warning: 1/ we do not receive your minimum payment by the date fisted above, you may have to pay a late fee of up to $35 and your APRs may be increased up to the Penalty APR of 29.99%. Minimum Payment Warning: 1/ you make only the minimum payment each period, you will pay more in interest and it will lake you longer to pay off your balance. For example If you make no additional charges using this card and each month you pay... You will pay off the balance shown on this statement in about... And you will end up paying an estimated total of... Only the minimum payment 19 Years $14937.00 $200.00 3 Years 57183.00 (Savings=$7754.00 ) If you would like information about credit counseling services, call 1-866-569-2227. Payment Address:Payment Center, PO Box 17313, Baltimore, MD 21297-1313 Billing Inquiries: Cardmember Services, PO Box 5894, Carol Stream, IL 60197-5894 Manage Your account online at www.AccountCentralOnline.com IMPORTANT INFORMATION YOUR ACCOUNT IS PAST DUE. IF YOU HAVE ALREADY MAILED YOUR PAYMENT, THANK YOU. IF YOU HAVENT SENT YOUR PAYMENT, PLEASE PAY THE AMOUNT DUE TO AVOID POTENTIAL DAMAGE TO YOUR CREDIT. AS A REMINDER, YOU MAY PAY YOUR CREDIT CARD BILL ONLINE OR THROUGH OUR AUTOMATED PHONE SYSTEM FOR NO FEE. The HEXAGON DESIGN® (AND VARIATIONS), HSBC®, THE WORLD'S LOCAL BANK®, HOUSEHOLD® (AND DESIGN) and HOUSEHOLD BANK® Eareregistered trademarks of HSBC Holdings plc or HSBC Finance Corporation and are used by Capital One by permission. Capital One is the issuer of this account. E IMPORTANT ANNOUNCEMENT: Effective October 1, 2012 we will no longer accept credit card payments at HSBC Bank Branches. We apologize for any inconvenience this may cause you. Please make your payments using any of these three easy methods: by mall, by phone, or online. The correct mailing address, phone number, and Web address for your account are listed on the front of this billing statement. For more information about making a payment, please review the instructions located on the back of this statement. Thank you! TRANSACTIONS Trans Date 05/31 Post Date 05/31 Description of Transaction or Credit ONLINE PAYMENT -THANK YOU TULSA OK Reference Number 8545800H82W6DR7G2 Amount 575.00 - Fees t 06/20 06/20 LATE FEE TOTAL FEES FOR THIS PERIOD $35.00 $35.00 ' Interest Charged - 06/25 06/25 06/25 06/25 Interest Charge on Purchases Interest Charge on Cash Advances TOTAL INTEREST FOR THIS PERIOD $75.82 524.57 5100.39 2012 Totals Year to - Date Total Fees charged in 2012 Total Interest charged in 2012 595.00 $580.63 INTEREST CHARGE CALCU LATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Purchase Annual Percentage Rate (APR) Balance Subject to Interest Rate 21.99%(v) 54,060.34 Interest Charge Promotional Balance $75.82 N/A 5994 OOH 1 7 17 120825 0 X PAGE 1 of 3 1 0 8800 1500 C302 01CU5994 DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT. HSBC m 'Your account is over the credit limit Please pay your total due of 5299.00, which includes your Minimum Payment Due and any additional Over the Credit Limit and/or Past Due amounts. GARYA MICULITA JR 2458 LOBACH DR MECHANICSBURGPA 17055-5376 Illhy1111"1 111111IIIltltnittllrihu011111 lllgllllhllt 0 New Address or Phone Number! Please check the box and enter your new information on reverse side 904 SEE REVERSES IDE FOR IMPORTANT INFORMATION Account Number: New Balance Minimum Payment Due Payment Due Date 014 6.60 $299.00 • 07/20/2012 Include account number on check to HSBC Card Services. Do not send cash. Please send your payment 7 to 10 days prior to the payment due date to ensure timely delivery. AMOUNT rt C ENCLOSED PAYMENT CENTER PO BOX 17313 BALTIMORE MD 21297-1313 IIIIII111111'IIIItuIIIIIIIIIIIII111IIIIIIIIIIIIIIIIIIIIIIIIIIIIII 4014 .11 What To Do if You Think You Find a Mistake on Your Statement If you think there is an error on your statement, write to us on a separate sheet of paper at the billing inquiries address listed on the front of this billing statement. In your letter, give us the following information: • Account information: Your name and account number. , . • Dollar amount: 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 notify us of any potential errors in writing. You may call us, 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 charge you interest on that amount. But, if 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, 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 If 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 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 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 in writing at the billing inquiries address on the front of this billing statement. • 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, if we think you owe an amount and you do not pay we may report you as delinquent. How to Avoid Paying Interest on Purchases (Grace Periods on Credit Card Purchases): Periotic Interest Charges begin to accrue on the date of the transaction and continue to accrue until your balance is paid in full. However, if you pay your entire New Balance shown by the Payment Due Date in the previous month, you can pay your current month's New Balance by the Payment Due Date without being assessed an Interest Charge on your purchases. Paying Interest on Other Transactions (No Grace Period on other transactions): There is no Grace Period for other transactions including cash advances, balance transfers, and credit card checks. Periodic Interest Charges begin to accrue on the date of the transaction, and continue to accrue until payment in full is credited to your Account. How We Calculate Interest Charges: We calculate the periodic Interest Charge on your Account by multiplying the applicable Daily Periodic Rate by the Average Daily Balance for each category of transactions shown on your billing statement (e.g., purchases, balance transfers, cash advances); the results are then multiplied by the number of days in the billing cycle. You can determine your Daily Penodic Rate by dividing the APR by 365. Determining the Daily Balance: We take the beginning balance for each category of transactions each day, add any new transactions, any previous day's periodic Interest Charges, any assessed fees and charges, and subtract any payments and/or credits. If your Account is subject to a grace period during the billing cycle, payments made during that cycle will be subtracted from all Daily Balances in the current cyde. If a transaction for a returned payment or a dispute resolved in our favor posts after the beginning of the billing cycle, the applicable Daily Balance(s) and any related Interest Charge calculations will be adjusted retroactively to include the transaction amount as of the date of the original transaction. 02010 Card Servos Inc. Calculating the Balance Subject to Interest Rate: For each transaction category, we add all the Daily alances for the billing cycle together and divide the total by the number of days in the billing cycle. This is the Average Daily Balance Including new purchases) method. Annual Percentage Rate: If your Account has a variable rate, your Annual Percentage Rate may vary. Penalty APR: Your APRs may increase to the Penalty APR if you fail to make a minimum payment to us when due. If your Account becomes subject to the Penalty APR, we will provide advance notice before the new Penalty APR goes into effect. if you make the next six consecutive minimum payments once the Penalty APR goes into effect, your rates will return to the non - penalty APRs applicable to your Account. If you do not make these six consecutive minimum payments, we may keep the Penalty APR on your Account indefinitely. Foreign Transaction Fee: A 3% Foreign Transaction Fee will be assessed on the U.S. dollar amount on transactions made in a foreign currency. Card Renewal Annual Fee: An Annual Fee may apply to your Account. If your Annual Fee is billed annually, you can avoid paying the fee if you call and close your Account within 30 days of being billed. You may continue to use your Card during the 30 day period without paying the fee. If your fee is billed monthly, when you call and close your Account due to the Annual Fee charge, that month's fee will be credited back to your Account. About Your Payment You agree to pay at least the Minimum Payment Due in time to be credited to your Account as of the Payment Due Date. You may pay more than the Minimum Payment Due, and you may pay the entire New Balance at any time. Payments should be mailed with a single coupon to the payment address shown on the front of this billing statement. Payments must be made by a single check or money order payable in U.S. dollars and drawn on a U.S. Institution. Payments may also be made using our optional payment by phone or online services using the phone number or Web address listed on the from of this billing statement. Payments received on any day at the payment address shown on the front by 5:00 p.m. in the time zone of such payment address will be credited to your Account as of the date of receipt. Payments submitted by phone or online by 5:00 p.m. Pacific Time will be credited to your Account as of the date of receipt. All payments received after 5:00 p.m. of the time zone indicated will be credited the next day. A processing fee may apply to agent assisted phone payments. Crediting payments to your Account may be delayed up to five days if the payment is not made as described above, or, is not mailed to and received at the address provided for remittance; is not accompanied by the payment coupon; is received in an envelope other than the envelope provided for remittance; is stapled, folded, or paper clipped; or includes multiple payment coupons or checks. Requests for credit balance refunds should be mailed to the inquiry address shown on the front of your billing statement. By sending us a check for payment on your Account, you authorize us to make a one time electronic funds transfer (EFT) from your bank account or to process the payment as a check transaction. When we use information from your check to make an EFT, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. If you do not want your checks to be converted to an EFT, please call customer service at the phone number on the back of your card. Payment by Phone: When you use our optional payment by phone service, you authorize us to initiate an electronic funds transfer from your designated bank account or to process the payment as a check transaction. You must authorize the amount and timing of each payment. Please retain this authorization for your records. Hearing Impaired: If you are hearing impaired, call Telecommunications Devices for the Deaf (TDD/ TTY) at the phone -number listed on the front of this billing statement. Negative Credit Bureau Reporting: We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. If any specific information related to your Account, transactions or credit experience with us is inaccurate, you may notify us and request us to correct the inaccurate information (atter confirmation of the alleged error) reported to any credit reporting agency by writing to us at P.O. Box 5253, Carol Stream, IL 60197-5253. Debt Collection: We are required by law, if applicable, to notify you that we are attempting to collect a debt, and any information obtained will be used for that purpose. 01 CU5994 - 4 - 01/19/11 To ensure accuracy, please print neatly using uppercase letters and numbers only! If you've filled in a new address and/or phone number, be sure to check the box on the reverse side of this payment coupon. Change of address form. Street Number (II any) City Street Name or the I I E 'PO Box' LJIJ C C Emal Address ❑❑❑n❑m❑n❑n❑❑n Home Phone (Prhnary) ❑❑❑'n❑ -L Mobile Plrve 1 11 II 1 rl 7-1 1 11 11 1 1 State Unt or PO Box Number Zip n 1 Wort Paorre (Primary) n❑=1 1 I IJ ❑- n❑ Work Phone (Secondary) 1—Ir-1r--1 rl 11 n 1 1 a If 11 1 HSBC ID Page 2 of 3 DIRECTMERCHANTSS BA40nt1 Account Number 4014 May 25, o une ,2012 INTERtST CHARGE C\L:GU Type of Balance Cash Advances (v) = Variable Rate Annual Percentage Rate (APR) BalanceSubject to Interest Rate Interest Charge 28.99% (v) $998.18 $24.57 yG4A ii N Promotional Balance N/A WO* * AN h1 Secure Registration at: accountcentralonline.com Enroll in paperless statements, track spending, pay your bit and update personal information online with Account Access. 5994 DOH 7 17 120825 0 X PAGE 2 of 3 1 0 8800 1500 C302 01CU5994 WHEN SENDING US YOUR PAYMENT... ALWAYS INCLUDE YOUR ACCOUNT NUMBER ON THE CHECK BE SURE TO SIGN YOUR CHECK REMOVE THE TOP PORTION OF YOUR STATEMENT AND RETURN WITH YOUR PAYMENT IN THE ENVELOPE PROVIDED PAYMENT IS DUE BY THE DATE INDICATED IN THIS STATEMENT HSBC ID Page 3 of 3 5094 DOH 7 17 120625 0 X PAGE 3 of 3 1 0 0800 1500 0.302 01CU5994 DIRECTMERCHANTS BANK Account Statement Account Number 4014 May 25, 20T210 June s, 2012 HSBC 41) Page 1 01 1 DIRECTMERCHANTS BAN ccount State ent Account Number 014 June 25, , 012 SUMMARY OF ACCOUNT ACTIVITY. Previous Balance $5,126.60 Credit Limit $5,000.00 Payments - 5147.00 Credit Available -580.00 Other Credits - $0.00 Cash Advance Limit V 51250.00 Purchases/Debits + • 50.00 Cash Advance Available 50.00 Cash Advances + 50.00 Statement Closing Date 07/26/2012 Past Due Amount $152.00 Days in Billing Cycle 31 Fees Charged + $0.00 Interest Charged + $101.22 New Balance 55,080.82 \Cash Advance Limit is a portion of Total Credit Limit Questions? Customer Service: Lost/Stolen Card: Outside USA Collect: TDD/Hearing Impaired: 800-379-7999 800-379-7999 904-997-4997 877-902-0967 PAYMENT: INFORMATION New Balance 55,080.82 Minimum Payment Due $305.00 Payment Due Date 08/20/2012 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $35 and your APRs may be increased up to the Penalty APR of 29.99%. Minimum Payment Warning: f 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: If you make no additional charges using this card and each month you pay... You will pay off the balance shown on this statement in about... And you will end up paying an estimated total of... Only the minimum payment 19 Years 514793.00 5198.00 3 Years 57124.00 (Savings=$7669.00 ) If you would like information about credit counseling services, call 1-866-569-2227. Payment Address:Payment Center, PO Box 17313, Baltimore, MD 21297.1313 Billing Inquiries: Cardmember Services, PO Box 5894, Carol Stream, IL 60197-5894 Manage Your account online at wwwAccountCentralOnline.com IMPORTANT INFORMATION , „ , YOUR ACCOUNT IS PAST DUE. IF YOU HAVE ALREADY MAILED YOUR PAYMENT, THANK YOU. IF YOU HAVENT SENT YOUR PAYMENT, PLEASE PAY THE AMOUNT DUE TO AVOID POTENTIAL DAMAGE TO YOUR CREDIT. AS A REMINDER, YOU MAY PAY YOUR CREDITCARD BILL ONLINE OR THROUGH OUR AUTOMATED PHONE SYSTEM FORNO FEE. The HEXAGON DESIGN® (AND VARIATIONS), HSBC®, THE WORLD'S LOCAL BANK®, HOUSEHOLD® (AND DESIGN) and HOUSEHOLD BANK® Eareregistered trademarks of HSBC Holdings plc or HSBC Finance Corporation and are used by Capital One by permission. Capital One is the issuer of this account. E IMPORTANT ANNOUNCEMENT: Effective October 1, 2012 we will no longer accept credit card payments at HSBC Bank Branches. We apologize for any inconvenience this may cause you. Please make your payments using any of these three easy methods: by mail, by phone, or online. The correct mailing address, phone number, and Web address for your account are listed on the front of this billing statement. For more information about making a payment, please review the instructions located on the back of this statement. TRANSACTIONS' ': c: ;; i i ;r:. , Trans Date 07/10 Post Date 07/10 Description of Transaction or Credit ONLINE PAYMENT -THANK YOU TULSA OK Reference Number 8545800JG2W60R7G4 Amount 5147.00 - •Fees `_ y '".. TOTAL FEES PERIOD 50.00 , . r r :; , Interest Charged '. " 07/26 07/26 07/26 07/26 Interest Charge on Purchases Interest Charge on Cash Advances TOTAL INTEREST FOR THIS PERIOD 576.04 525.18 6101.22 2012: Totals Year to Date Total Fees charged in 2012 Total Interest charged in 2012 595.00 6681.85 INTERESTCHAR3ECALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Purchase Cash Advances (v) = Variable Rate Annual Percentage Rate (APR) Balance Subject to Interest Rate 21.99% (v) 64,072.08 28.99% (v) 51,023.05 Interest Charge Promotional Balance $76.04 N/A 525.18 N/A 5994 DOH 1 7 17 120728 0 X PAGE 1 of 1 DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT. HSBC m 10 8800 1500 C302 01CU5994 'Your account is over the credit limit. Please pay your total due of $305.00, which incudes your Minimum Payment Due and any additional Over the Credit Limit and/or Past Due amounts. GARYA MICULITA JR 2458 LOBACH DR MECHANICSBURGPA 17055-5376 Ill'90'11n1�11�1��111�11�11111'���I"ILIn�InI�11JJl��h 0 New Address or Phone Number? Please check the box and enter your new Information on reverse side 804 SEEREVERSESIDE FOR IMPORTANT INFORMATION Account Number: New Balance IMII4014 0.82 Minimum Payment Due $305.00 Payment Due Date 08/20/2012 Include account number on check. Do not send cash. Please send your payment 7 to 10 days prior to the payment due date to ensure timely delivery. AMOUNT fc00 ENCLOSED PAYMENT CENTER PO BOX 17313 BALTIMORE MD 21297-1313 ODD ID IIIIrl'11111liII'111111'I'III1IIIIII1111111"111'II'II'IIIII14 4014 What To Do if You Think You Find a Mistake on Your Statement. If you think there is an error on your statement, write to us on a separate sheet of paper at the billing inquiries address listed on the front of this billing statement. In your letter, give us the following information: • Account information: Your name and account number. • Dollar amount: 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 notify us of any potential errors in writing. You may call us, 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 charge you interest on that amount. But, if 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, 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 If 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 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or'r. we own the company that sold you the goods or services.) 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 in writing at the billing inquiries address on the front of this billing statement. While we investigate, the same rules apply to the disputed amount as discussed above. Atter we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. How to Avoid Paying Interest on Purchases (Grace Periods on Credit Card Purchases): Periodic Interest Charges begin to accrue on the date of the transaction and continue to accrue until your balance is paid in full. However, if you pay your entire New Balance shown by the Payment Due Date in the previous month, you can pay your current month's New Balance by the Payment Due Dale without being assessed an Interest Charge on your purchases. Paying Interest on Other Transactions (No Grace Period on other transactions): There is no Grace Period for other transactions including cash advances, balance transfers, and credit card checks. Periodic Interest Charges begin to accrue on the date of the transaction, and continue to accrue until payment in full is credited to your Account. How We Calculate Interest Charges: We calculate the periodic Interest Charge on your Account by multiplying the applicable Daily Periodic Rate by the Average Daily Balance for each category of transactions shown on your billing statement (e.g., purchases, balance transfers, cash advances); the results are then multiplied by the number of days in the billing cycle. You can determine your Daily Penodic Rate by dividing the APR by 365. Determining the Daily Balance: We take the beginning balance for each category of transactions each day, add any new transactions, any previous day's periodic Interest Charges, any assessed fees and charges, and subtract any payments and/or credits. If your Account is subject to a grace period during the billing cycle, payments made during that cycle will be subtracted from all Daily Balances in the current cycle. If a transaction for a returned payment or a dispute resolved in our• favor posts after the beginning of the billing cycle, the applicable Daily Balance(s) and any related Interest Charge calculations will be adjusted retroactively to include the transaction amount as of the date o1 the original transaction. 02010 Card Services Inc Calculating the Balance Subject to Interest Rate: For each transaction category, we add all the Daily Balances for the billing cycle together and divide the total by the number of days in the billing cycle.This is the Average Daily Balance (including new purchases) method. Annual Percentage Rate: If your Account has a variable rate, your Annual Percentage Rate may vary. Penalty APR: Your APRs may increase to the Penatty APR if you fail to make a minimum payment to us when due. If your Account becomes subject to the Penalty APR, we will provide advance notice before the new Penalty APR goes into effect. If you make the next six consecutive minimum payments once the Penalty APR goes into effect, your rates will return to the non - penalty APRs applicable to your Account. If you do not make these six consecutive minimum payments, we may keep the Penalty APR on your Account indefinitely. Foreign Transaction Fee: A 3% Foreign Transaction Fee will be assessed on the U.S. dollar amount on transactions made in a foreign currency. Card Renewal Annual Fee: An Annual Fee may apply to your Account. If your Annual Fee is billed annually, you can avoid paying he fee if you call and close your Account within 30 days of being billed. You may continue to use your Card during the 30 day period without paying the fee. If your fee is billed monthly, when you call and close your Account due to the Annual Fee charge, that month's fee will be credited back to your Account. About Your Payment You agree to pay at least the Minimum Payment Due in time to be credited to your Account as of the Payment Due Date. You may pay more than the Minimum Payment Due, and you may pay the entire New Balance at any time. Payments should be mailed with a single coupon to the payment address shown on the front of this billing statement. Payments must be made by a single check or money order payable in U.S. dollars and drawn on a U.S. Institution. Payments may also be made using our optional payment by phone or online services using the phone number or Web address listed on the front of this billing statement. Payments received on any day at the payment address shown on the front by 5:00 p.m. in the time zone of such payment address will be credited to your Account as of the date of receipt. Payments submitted by phone or online by 5:00 p.m. Pacific Time will be credited to your Account as of the date of receipt All payments received after 5:00 p.m. of the time zone indicated will be credited the next day. A processing fee may apply to agent assisted phone payments. Crediting payments to your Account may be delayed up to five days if the payment 1s not made as described above, or, is not mailed to and received at the address provided for remittance; is not accompanied by the payment coupon; is received in an envelope other than the envelope provided for remittance; is stapled, folded, or paper clipped; or includes multiple payment coupons or checks. Requests for credit balance refunds should be mailed to the inquiry address shown on the front of your billing statement. By sending us a check for payment on your Account, you authorize us to make a one time electronic funds transfer (EFT) from your bank account or to process the payment as a check transaction. When we use information from your check to make an EFT, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. If you do not want your checks to be converted to an EFT, please call customer service at the phone number on the back of your card. Payment by Phone: When you use our optional payment by phone service, fou authorize us to initiate an electronic funds transfer from your designated yank account or to process the payment as a check transaction. You must authorize the amount and timing of each payment. Please retain this authorization for your records. Hearing Impaired: If you are hearing impaired, call Telecommunications Devices for the Deaf (TDD/ TTY) at the phone number listed on the front of this billing statement. Negative Credit Bureau Reporting: Wemay report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. If any specific information related to your Account, transactions or credit experience with us is inaccurate, you may notify us and request us to correct the inaccurate information (after confirmation of the alleged error) reported to any credit reporting agency by writing to us at P.O. Box 5253, Carol Stream, IL 60197-5253. Debt Collection: We are required by law, if applicable, to notify you that we are attempting to collect a debt, and any information obtained will be used for that purpose. 01 CU5994 - 4 - 01/19/11 To ensure accuracy, please print neatly using uppercase letters and numbers only! If you've filled in a new address and/or phone number, be sure to check the box on the reverse side of this payment coupon. Change of address form. Street Number (11 any) ❑ ❑❑❑ C1ty CC Small Address ❑___I Street Name or the words 1.0 Box' Its LJ 1 J V Hoare Phone (Primary) ❑ ❑/T❑ -1-E Mobile Phone 1 11 11 0❑0❑❑C❑❑❑T n Irl 11 Irl r—lr—Ir N State Unit or PO Box Number [IL 1 Ztp LED= I _..1_ 1 1 Work Phone (Primary) 001/1❑❑ -nn❑❑ Work Phone (Secondary) X11-111 /1 11 11 I_I-11--1[ II 1 HSBC 4D DIRECTMERCHANTSS BA01 ent Account Number 4014 July 26, 20 2012 SUMMARY.; OF ACCOUNT;ACTlV Previous Balance $5,080.82 Payments 50.00 Other Credits 50.00 Purchases/Debits + $0.00 Cash Advances + 50.00 Past Due Amount $305.00 Fees Charged + 50.00 Interest Charged + 5102.03 New Balance $5.182.85 Credit Limit Credit Available Cash Advance Limit V Cash Advance Available Statement Closing Date Days in Billing Cycle \Cash Advance Limit is a portion of Total Credit Limit 55,000.00 -$182.00 51,250.00 $0.00 08/26/2012 31 Questions? Customer Service: Lost/Slolen Card: Outside USA Collect TOD/Hearing Impaired: PAy.pAENT INFORMATION - -' New Balance $5,182.85 Minimum Payment Due 5459.00 Payment Due Date 09/20/2012 Late Payment Warning: 11 we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to 535 and your APRs may be increased up to the Penalty APR of 29,99%. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will lake you longer to pay off your balance. For example: If you make no additional charges using this card and each month you pay... You will pay off the balance shown on this statement in about... And you will end up paying an estimated total of... Only the minimum payment 19 Years 514798.00 5202.00 3 Years 57267.00 (Savings=$7531.00 ) If you would like Information about credit counseling services, call 1-866-569-2227. Payment Address:Payment Center, PO Box 17313, Baltimore, MD 21297-1313 800379-7999 Billing Inquiries: Cardmember Services, PO Box 6894, Carol Stream, IL 60197-5894 800379.7999 Manage Your account online at www.AccountCentralOnllne.com 904-997-4997 877-902-0967 ,IMPORTANTTINFORMATION , xxt4 AS A REMINDER, YOU MAY PAY YOUR CREOITCARD BILL ONLINE OR THROUGH OUR AUTOMATED PHONE SYSTEM FOR NO FEE. , The HEXAGON DESIGN® (AND VARIATIONS), HSBC®, THE WORLD'S LOCAL BANK®, HOUSEHOLD® (AND DESIGN) and HOUSEHOLD BANK® Eareregistered trademarks of HSBC Holdings plc or HSBC Finance Corporation and are used by Capital One by permission. Capital One is the issuer of this account. E IMPORTANT ANNOUNCEMENT: Effective October 1, 2012 we will no longer accept credit card payments at HSBC Bank Branches. We apologize for any inconvenience this may cause you. Please make your payments using any of these three easy methods: by mail, by phone, or online. The correct mailing address, phone number, and Web address for your account are listed on the front of this billing statement. For more information about making a payment, please review the instructions located on the back of thls statement •T'RANSACTIONSW,., .fts;rr :t.yk ', •; tui,s Description of Transaction or Credit . Reference Number Amount Trans Date Post Date Yk-.,`, 1 tt R;;c't.a r . .. .. f 1 '- FeeS .. .. .. �'.. . i.t . 1 4,:•:,, i t TOTAL FEES FORTH IS PERIOD $0.00 Interest Charged 08126 08/26 Interest Charge on Purchases $76.22 08/26 08/26 Interest Charge on Cash Advances $25.81 TOTAL INTEREST FOR THIS PERIOD $102.03 2012 Totais Yearto Total Fees charged in 2012 Total Interest charged In 2012 $95.00 $783.88 RESTCHAftGECALCULATION?'.,) Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Percentage Rate (APR) Balance Subject to Interest Rate Interest Charge Promotional Balance 21.9916 (v) 54,081.48 576.22 N/A 28.9996 (v) 51,048.53 525.81 N/A Type of Balance Purchase Cash Advances (v) = Variable Rate 5994 DOH 1 7 17 120828 0 XPAGE t of 1 1 0 8800 1500 C302 01CU5994 DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT. HSBC tD GARYA MICULITA JR 2458 LOBACH DR MECHANICSBURGPA 17055-5376 *Your account is over the credit limit. Please pay your total due of $459.00, which includes your Minimum Payment Due and any additional Over the Credit Limit and/or Past Due amounts. Illrarl1111111r111111rlI1I1111111111111.1.1II1r111111I11111111I11 New Address or Phone Number? Please Bleck the box and enler your new information on reverse aide 904 SEEREVERSESIDE FOR IMPORTANT INFORMATION Account Number. New Balance Minimum Payment Due Payment Due Date Include account number on check. Do not send cash. Please send your payment 7 to 10 days prior to the payment due date to ensure timely delivery. 014 2.86 $459.00 • 09/20/2012 AMOUNT ENCLOSED PAYMENT CENTER PO BOX 17313 BALTIMORE MO 21297-1313 IIIlllniurllylllrr1I rlIIIIIIl111hIIIIIh11uI1111huyIlrlrl mom 41.11.1111 What To Do if You Think You Find a Mistake on Your Statement If you think there is an error on your statement, write to us on a separate sheet of paper at the billing inquiries address listed on the front of this billing statement. In your letter, give us the following information: • Account information: Your name and account number. • DollaramountThe 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 wiry you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing. You may call us, 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 charge you interest on that amount. But, if 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, you are responsible for the remainder of your balance. • We can apply any unpaid amount against your credit limit. Your RightsifYou Are Dissatisfied With Your Credit Card Purchases If 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 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or i we own the company that sold you the goods or services.) 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 in writing at the billing inquiries address on the front of this billing statement. 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, if we think you owe an amount and you do not pay we may report you as delinquent. How to Avoid Paying Interest on Purchases (Grace Periods on Credit Card Purchases): Periodic Interest Charges begin to accrue on the date of the transaction and continue to accrue until your balance is paid in full. However, if you pay your entire New Balance shown by the Payment Due Date in the pious month, you can pay your current month's New Balance by the Payment Due Date without being assessed an Interest Charge on your purchases. Paying Interest on Other Transactions (No Grace Period on other transactions): There is no Grace Period for other transactions including cash advances, balance transfers, and credit card checks. Periodic Interest Charges begin to accrue on the date of the transaction, and continue to accrue until payment in full is credited to your Account. How We Calculate Interest Charges: We calculate the periodic Interest Charge on your Account by multiplying the applicable Dairy Periodic Rate by the Average Daily Balance for each category of transactions shown on your billing statement (e.g., purchases, balance transfers, cash advances); the results are then multiplied by the number of days in the billing cycle. You can determine your Daily Penodic Rate by dividing the APR by 365. Determining the Daily Balance: We take the beginning balance for each category of transactions each day, add any new transactions, any previous day's periotic Interest Charges, any assessed fees and charges, and subtract any payments and/or credits. If your Account is subject to a grace period during the billing cycle, payments made during that cycle will be subtracted from all Daily Balances in the current cycle. If a transaction for a returned payment or a dispute resolved in our favor posts after the beginning of the billing cycle, the applicable Daily Balance(s) and any related Interest Charge calculations will be adjusted retroactively to include the transaction amount as of the date of the original transaction. 0 2010 Card Services int Calculating the Balance Subject to Interest Rate: For each transaction category, we add all the Daily Balances for the billing cycle together and divide the total by the number of days in the billing cycle. This is the Average Daily Balance (including new purchases) method. Annual Percentage Rate: 11 your Account has a variable rate, your Annual Percentage Rate may vary. Penalty APR: Your APRs may increase to the Penalty APR if you fail to make a minimum payment to us when due. If your Account becomes subject to the Penalty APR, we will provide advance notice before the new Penalty APR goes into effect. If you make the next six consecutive minimum payments once the Penalty APR goes into effect, your rates will return to the non - penalty APRs applicable to your Account. If you do not make these six consecutive minimum payments, we may keep the Penalty APR on your Account indefinitely. Foreign Transaction Fee: A 3% Foreign Transaction Fee will be assessed on the U.S. dollar amount on transactions made in a foreign currency. Card Renewal Annual Fee: An Annual Fee may appty to your Account. If your Annual Fee is billed annually, you can avoid paying the fee if you call and close your Account within 30 days of being billed. You may continue to use your Card during the 30 day period without paying the fee. If your fee is billed monthly, when you call and close your Account due to the Annual Fee charge, that month's fee will be credited back to your Account. About Your Payment You agree to pay at least the Minimum Payment Due in lime to be credited to your Account as of the Payment Due Date. You may pay more than the Minimum Payment Due, and you may pay the entire New Balance at any time. Payments should be mailed with a single coupon to the payment address shown on the front of this billing statement. Payments must be made by a single check or money order payable in U.S. dollars and drawn on a U.S. Institution. Payments may also be made using our optional payment by phone or online services using the phone number or Web address listed on the front of this billing statement. Payments received on any day at the payment address shown on the front by 5:00 p.m. in the time zone of such payment address will be credited to your Account as of the date of receipt. Payments submitted by phone or online by 5:00 p.m. Pacific Time will be credited to your Account as of the date of receipt. All payments received after 5:00 p.m. of the time zone indicated will be credited the next day. A processing fee may appty to agent assisted phone payments. Crediting payments to your Account may be delayed up to five days if the payment is not made as described above, or, is not mailed to and received at the address provided for remittance; is not accompanied by the payment coupon; is received in an envelope other than the envelope provided for remittance; is stapled, folded, or paper clipped; or includes multiple payment coupons or checks. Requests for credit balance refunds should be mailed to the inquiry address shown on the front of your billing statement. By sending us a check for payment on your Account, you authorize us to make a one time electronic funds transfer (EFT) from your bank account or to process the payment as a check transaction. When we use information from your check to make an EFT, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. If you do not want your checks to be converted to an EFT, please call customer service at the phone number on the back of your card. Payment by Phone: When you use our optional payment by phone service, you authorize us to initiate an electronic funds transfer from your designated bank account or to process the payment as a check transaction. You must authorize the amount and timing of each payment. Please retain this authorization for your records. Hearing Impaired: If you are hearing impaired, call Telecommunications Devices for the Deaf (MD/ TTY) at the phone number listed on the front of this billing statement. Negative Credit Bureau Reporting: We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. If any specific information related to your Account, transactions or credit experience with us is inaccurate, you may notify us and request us to correct the inaccurate information (after confirmation of the alleged error) reported to any credit reporting agency by writing to us at P.O. Box 5253, Carol Stream, IL 60197-5253. Debt Collection: We are required by law, if applicable, to notify you that we are attempting to collect a debt, and any information obtained will be used for that purpose. 01C U5994 - 4 - 01/19/11 To ensure accuracy, please print neatly using uppercase letters and numbers only! If you've filled in a new address and/or phone number, be sure to check the box on the reverse side of this payment coupon, Change of address form. Sheaf Number (if any) Street Name 01 the words 'PO 805 City LE IMO m PO Box Number LL mo Zlp Com EI 1E a I ILJM �Email Address E DDD C TM= Home Phone (Primary) Mobile Phone LEP COME= �0 Stale Work Phone (Primary) OM1/1700-E Work Phone (Secondary) —1 5'I LH—o D ,