Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
14-3924
COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM CUMBERLAND MAGISTERIAL DISTRICT JUDGE JUDGMEN COMMON PLEAS No. l�- 3°1 a� ICI U L NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG.DIST.NO. NAME OF MDJ Gary L. Dove, by Michael J. Pykosh, Esquire 109-3-04 Kathryn H. Silcox ADDRESS OF APPELLANT CITY STATE ZIP CODE 2132 Market Street Camp Hill PA 17011 DATE OF JUDGMENT IN THE CASE OF(Plaintiff) (Defendant)' 06/16/2014 Absolute Resolutions VI, LLC vs Gary L. Dove DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT MJ-09304-CV-0000153-2014 This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J.No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as.a SUPERSEDEAS to the judgment for possession in this case. within twenty (20)days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT(see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Absolute Resolutions Vl, LLC appellee(s),to file a complaint in this appeal Name of appellee(s) (Common Pleas No. '�— p�4' )within twenty(20)days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE; To Absolute Resolutions Vl, LLC appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20)days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time,a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: ? 20 14y � S � Q b .B�V-LL Sign re of Prothono ary or e 't* d YOU MUST INCLUDE A COPY Pf THE NOTICt OF+9UD rO#AENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AO?C 312-05 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript.Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-3-04 Absolute Resolutions VI, LLC MDJ Name: Honorable Kathryn H. Silcox V. Address: 5275 East Trindle Road Gary L Dove Suite 110 Mechanicsburg, PA 17050 Telephone: 717-697-2201 Gary L Dove Docket No: MJ-09304-CV-0000153-2014 315 Charles Road Case Filed: 5/9/2014 Mechancisburg, PA 17050-3004 Disposition Summary (cc-Cross complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ-09304-CV-0000153-2014 Absolute Resolutions VI,LLC Gary L Dove Default Judgment for Plaintiff 06/16/2014 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Absolute Resolutions VI,LLC $0.00 $0.00 $0.00 Gary L Dove $0.00 $3,015.56 $3,015.56 Judgment Finding ("PostJudgment) In the matter of Absolute Resolutions VI, LLC vs. Gary L Dove on MJ-09304-CV-0000153-2014, on 6/16/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $2,901.56 $2,901.56 Costs $0.00 $7.00 $7.00 Filing Fees $0.00 $107.00 $107.00 Grand Total: $3,015.56 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES,IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Sti�y Date The Honorable Silcox ~ `"`` ` +w,4„ certify that this is a true and correct copy of the record of the proceedings containing t e Iu gment. Date Magisterial lDDistrict Judge MDJS 315 Page 1 of 2 Printed:06/16/2014 10:03:28AM Absolute Resolutions A LLC Docket No.: MJ-09304-CV-0000153-2014 V. Gary L Dove Participant List i + Plaintiff(s) Absolute Resolutions VI, LLC c/o Pressler and Pressler, LLP 7 Entin Rd Parsippany, NJ 07054-5020 Defendant(s) - ---- - -�--- -Gary L Dove 315 Charles Road i Mechancisburg, PA 17050-3004 Complainant's Attorneys) Ralph Gulko, Esq. Pressler and Pressler LLP / 7 Entin Road J�` Parsippany, NJ 07054-5020 ,r + C I r �� 1 MDJS 315 Page 2 of 2 Printed:06/16/2014 10:03:28AM ,� Michael J. Pykosh, EsquireT�iR ID#58851 o T/ t , Dethlefs-Pykosh Law Group, LLCf¢ JUL � 3 ` 2132 Market Street P1 . 07 Camp Hill, Pennsylvania 17011 C1 'PE Telephone—(717)975-9446 ENL Q OUNTY Fax—(717)975-2309 5 Y/ V,� mpykosh dplglaw,com Aito'44 for Defendant ABSOLUTE RESOLUTIONS VI, LLC, : COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No: 2014- GARY L. DOVE, CIVIL ACTION - LAW Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Defendant, Gary L. Dove, to proceed in forma pauperis. I, Dethlefs-Pykosh Law Group, LLC, by Michael J. Pykosh, Attorney for the party proceeding in forma pauperis, certify that I believe the Defendant is unable to pay the costs and that I am providing free legal services to the Defendant. Defendant was referred to the undersigned counsel by the Cumberland County Bar Association's Pro Bono Program. Respectfully Submitted. Date: U Michael J.10ykosh, Esquire I.D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant FiE OFF 'OFl H .PRO THONc 201t AUC1kf t ! 0 p,;! 1:29 :2a CUMBERLAND ENNSYLV SIA +(v PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served Q a copy of the Notice of Appeal, Common Pleas No. 14-3924 upon the Magisterial District Judge designated therein on (date of service) July 8 , 20 14 , ❑ by personal service E by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) RalphGulko.' on by (certified) (registered) mail, July 8 2014 ❑by personal service❑ sender's receipt attached hereto. (SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ' DAY OF July 20 14 aturf of official bef. whom afFdavit : s IT? t)Ct 010 Title of official/ My commission expires on 3/90, 20 % 0 AOPC 312A - 05 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Crystal L. Mahoney, Notary Public Cane MW 6ao, Cumberland County My Commission Expires March 20, 2018 WisitA. PEr4sTtVWA MSOCLATIOA Of MOTARIES /////L7Signature of` a ,arrell C. Dethlefs* lichacl J. Pykosh* ryan W. Shook leather N. Orisko 'harles J. Hartwell .ichard D. Hollingworth, Jr. latthew R. Seeley 'icole L. Javitt :atherine L. N1cDonald DETHLEFS-PYKOSH LAW GROUP, LLC 2132 Market Street Camp Hill, PA 17011 Phone: (717) 975-9446 'Foil Free: (800) 287- 1202 Fax: (717) 975-2309 I -mail ddethlefs@ aol coin http://www.dplelaw.cont July 8, 2014 l -Ion. Kathryn I -l. Silcox District Court 09-3-04 5275 East Trindle Road, Suite I I 0 Mechanicsburg, PA 17050 VIA CERTIFIED MAIL: 7012 1640 0001 9930 7983 RE: Absolute Resolutions VI LLC v Gary L Dove MDJ Judgment Appeal — Civil Action Cumberland County Docket No.: 14-3924 Dear Hon. Kathryn H. Silcox: Legal Staff Sherry L. Deckntan' Crystal I.. Mahoney Melissa C. Foreman Kathryn S. Fogle +1.itcn.c-J I'.d Title : I hent Enclosed and served upon you please find the Notice of Appeal regarding the above - referenced matter that was filed at the Cumberland County Prothonotary's Office. If you have any questions please feel free to contact me. my Yours, c• Pykosh MJP/clm Enclosure m Cr D m U- tr O 0 7012 1640 US. Postai ServiceTM. 'CERTIFIED MAILTM RECEIPT (Domestic Mall Only; No insurance Coverage Provided) ;For delivery information visit our website at www.usps:come Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required Total Postage 8 Fees Sent T on. S; Street, Apt. No.;�7 J or PO Boz No. 5 6 City, State Z1144 4 ccs )au e _--l_ t`? So PS Form 3800, August 2006 " J , See Reverse for Instructions; 138 East Market Street, 3r1 Floor York, PA 17401 A Debt Relief Agency The Dethlefs-Pykosh Law Group, LLC - "'Your Full Service Low Fire • 550 Cleveland Avenue, Suite 204 Chambersburg, PA 17201 Jarrell C. Dethlefs* dichael J. Pykosh* Cryan W. Shook leather N. Orisko 7harles J. Hartwell tichard D. Hollingworth. Jr. Matthew R. Seeley Jicole L. Javilt :atherinc L. McDonald DETHLEFS-PYKOSH LAW GROUP, LLC 2132 Market Street Camp Hill, PA 17011 Phone: (717) 975-9446 Toll Free: (800) 287- 1202 Fax: (717) 975-2309 E-mail: ddcthlcfs(a!aoLcom http://wtww.dplglaw.com Legal Staff Sherry L. Dccktnan* Crystal L. Mahone \'Iclissa C. Foreman Kathryn S. Fogle *Licensed I'.I Tule : I ecut July 8, 2014 Ralph Gulko, Esquire Pressler and Pressler, LLP 7 Entin Road Parsippany, N.I 07054-5020 VIA CERTIFIED MAIL: 7014 0150 0001 4829 1212 RE: Absolute Resolutions VI LLC v Gary L Dove MDJ Judgment Appeal — Civil Action Cumberland County Docket No.: 14-3924 Dear Mr. Gulko: Enclosed and served upon you please find the Notice of Appeal regarding the above - referenced matter that was filed at the Cumberland County Prothonotary's Office. If you have any questions please feel free to contact me. T my Your Pykosh MJP/clm Enclosure U.S: Postal ServlceTM CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) nJ For delivery information visit our website at www.usps.come Postage Certified Fee r1 D Return Receipt Fee O (Endorsement Required) Restricted Delivery Fee (Endorsement Required) r -R O r- 1 O r - Total Postage & Fees 07Z"Yr1 7r Ip Sent To Street, Apt. No.; or PO Box No. City, StateIP+4 00, August 200fi Gol�ofSgu-�� Roa4 See Reverse tor Instructions, 138 East Market Street, 3rd Floor York, PA 17401 A Debt Relief Agency The Deihlefs-Pykosh Lott Group, LLC— "Your Full Service Low Firm' 550 Cleveland Avenue, Suite 204 Chambersburg, PA 17201 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ABSOLUTE RESOLUTIONS VI,LLC Plaintiff vs GARY L. DOVE 3011- 312`4 Defendant NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH 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 REDUECED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA X ABSOLUTE RESOLUTIONS VI, LLC 6602 EL CAJON BOULEVARD, SUITE 200 SAN DIEGO, CALIFORNIA 92115 Plaintiff -vs- GARY L. DOVE 315 CHARLES RD. MECHANICSBURG, PA 17050 Defendant, COUNT 1 OUR FILE NO: D169832 NO. 14-3924 CIVIL ACTION - LAW COMPLAINT Plaintiff, by its attorneys, complaining of the Defendant(s), respectfully alleges: 1. Plaintiff, Absolute Resolutions VI, LLC. is a California company with a place of business located at 6602 El Cajon Boulevard, Suite 200, San Diego, CA 92115. 2. Defendant(s), Gary L. Dove, is an individual, residing at 315 Charles Rd. Mechanicsburg, PA 17050. 3. Credit was extended to Defendant(s) and Defendant(s) incurred debt to Capital One Bank (USA), NA, through the use of a credit card account ending in ***8851. Plaintiff purchased this account and now owns it. Plaintiff incorporates herein and attaches hereto a copy of the business records reflecting the assignment and Plaintiffs ownership of the account as Exhibit "A". 4. Defendant(s) credit card went in default and was charged off on or about December 18, 2010, due to Defendant(s) failure to make payments which were due and owing. Plaintiff seeks an outstanding balance of $2,901.56. Attached hereto as Exhibit "B" is a copy of monthly account statement(s) reflecting the Defendant(s) balance. 5. As of the date hereof, the outstanding balance remains unpaid despite due demand. WHEREFORE, Plaintiff, Absolute Resolutions VI, LLC, demands Judgment against the Defendant, Gary L. Dove, in the sum of $2,901.56, plus costs. COUNT 2 (In the alternative to Count 1) 6. Plaintiff incorporates by reference the averments of Count 1 as though fully set forth herein at length. 7. The date of last payment was processed on the account on or about June 14, 2011. 8. As a direct result of the receipt of the benefit of the extension of credit as hereinbefore described, the Defendant(s) has been unjustly enriched, to Plaintiffs detriment. WHEREFORE, Plaintiff, Absolute Resolutions VI, LLC, demands Judgment against the Defendant, Gary L. Dove, in an amount not in excess of the Court's Arbitration limits, plus costs. Dated: Resp -c 11 submitted, Fr. cis X. Grimes, Esq. Otorney for Plaintiff PRESSLER and PRESSLERLLP COUNSELLORS AT LAW 7 Entin Rd. Parsippany, NJ 07054-5020 1-973'753'5100 P&P FILE D169832 GARY L. DOVE VERIFICATION Defendant(s) L_K4ARKN4)yWAN' whose business address is 6602 EL CAJON BOULEVARD, SUITE 300SAN DIEGO,CA 92115 certifies and says: 1. I am CHIEF OPERATING OFFICER with ABSOLUTE RESOLUTIONS VI, LLC and have access to pertinent account records for ABSOLUTE RESOLUTIONS VI, LLC. I am competent and over the age of eighteen, am authorized to execute this Verification in the within action, that the facts contained herein and in the within pleading are true and correct and to the best of my knowledge, information and belief based upon my personal knowledge of those account records maintained by ABSOLUTE RESOLUTIONS VI, LLC. 2. Plaintiff is the current owner of and/or successor in interest to the obligation sued upon. Plaintiff was assigned all rights, title and Interest to Defendent(sr CAPITAL ONE BANK (USA), N.A. account 8E2, hereinafter ('the account'). 3. Based upon my review of Plaintiff's account records: 1) Defendant(s) opened the account on 09/87/05; 2) the last payment posted to the account on or about 06/14/11; and 3) the account was charged off on 12/18/10. 4. When applicable, attached as part of Exhibit "A" to Plaintiffs Complaint is a true and correct copy of Plaintiffs redacted computer data file reflecting the purchase of the Defendant's account. I understand that the statements made herein are made subject to t - "enaNesof1O PA.C.S. Section 4904 relating to unsworn falsification to authorities. me: M RK NA1MAN Title: CHIEF OPERATING OFFICER EXHIBIT "A" ACCOUNT 4002802754 RESPONSIBItITy NCS001 STATUS Principal Originator $ 2,901.56 CAPITAL ONE BANK (USA). N.A. OriginalAccount 8851 OpenDate oLastPaYDate 9/7/2005 5/14/2011 ChargeOffDate Portfolio NAME ADDRESS1 ADDRESS2 CITY STATE Zip PHONE_HOME PHONE_WORK 12/18/2010 COCO02 DOVE;GARY l 315 CHARLES RD MECHANICSBURG PA 17050 7274583398 7277348618 SSt PHONE OTHER XOB 963 Olt 36 ddress2 CoCity CoState CoZip CoHomePhane CoWorkPhone CoNAME CoAddressl CoA CoOtherPhone stCOlnt:d.001 postCOFee'0'00 Char9eOffDetail . or pOFp 2p1d ChgOffA+mt:3d76.561po C0DOB CoSSN $ecucedtnd�cat 00F0.°7�14� ASSIGNMENT OF RECEIVABLES THIS ASSIGNMENT OF RECEIVABLES (this "Assignment") is executed as of the date set forth below by Absolute Resolutions Corp, a California Corporation ("Assignor") in favor of the Assignee named below. RECITALS WHEREAS, Assignor is the owner of the receivables identified as NCS001, comprised of 1444 Accounts with a total face value of $3,620,689.43, and listed on Exhibit A attached hereto, which is incorporated herein by this reference (the "Receivables"), free and clear of all liens and encumbrances thereon, and WHEREAS, Absolute Resolutions VI, LLC ("Assignee"), a "related entity" under IRS rule 267(b), Assignor is contributing the Receivables to the capital of Assignee. ASSIGNMENT NOW, THEREFORE, Assignor does hereby transfer, assign and deliver to Assignee, all of its right, title and interest in and to the Receivables free and clear of all liens and encumbrances thereon. Assignor is executing and delivering this Assignment of Receivables for purposes of contributing the Receivables to the capital of Assignee. Dated: February 14, 2014 ASSIGNOR: Absolute Resolutions Corp. • By: Its: Its President and CEO 1 Exhibit Ito Forward Flow Receivable Sale Agreement dated April 11, 2013 BILL OF SALE Closing Date: May 20, 2013 Capital Ono Bank (USA), National Association ("SelIer"), in consideration of a Pu c7se Price of f1 l and other valuable consideration, the receipt of which is hereby ackcnowledged, hereby sells, assigns and transfers all right, title and interest in the Accounts identified in the Sale File entitled "20130515.PS7711B.Si.DFLEI.TXTn (which may be in electronic form) to Absolute Resolutions Corp. ("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; died as of April 11, 2013, by and between Seller and Buyer (the "Ag~ eement"). All capitalized tams used, but not defined, in this Bill of Sale shall have the meanings assigned to such terms in the Agreement. The Cutoff Date far the Sale File was May 15, 2013. The aggregate Unpaid Balance of the Accounts as of the Cutoff Date was $32,524,590.1$. CAPITAL ONE BANK (USA), NATIONAL ASSOCIATION By: Name: John H. Ma Cr Title: trice President EXHIBIT "B" • ~^~ VVelcnnnetn[apKa0ne � 1 Some Definitions ' 1 Account Agreement 1 � Nevv{�fwr 2 � Account A|nYornnation 2 ` Credit Limits 2 Using Your Card ' 3 Rewards . ` 3 Using Your Access Checks 3-4 Stopping Payment of AccesChecks • 4 Using a PIN 4 Authorized Users 5 n^�.i.~�Authorized User 5 Removing. an � Finance Charges S Your Promise to Pay 5 Statements 6 Disputed Transactions 6 Fees 6-7 Transactions Made in ForeiCurrencies 7 No Warranties 7 Merchant Refunds � °�.""".�"umuu / Minimum Payment 8 Making Payments 8 °== ' Mailed Payments. 8 Faster PaynnentSen��s 8-9 n��°"�'n"","" i"" � .—,'--.^..~^^~~' 9 How We Apply Your Payments 9 Items with Restrictive Words, 'Conditions, or Instructions 9 Credit Balances 10 Account Default 10 Communications 11 Credit Reports '11 Closing or Suspending Your Account 11-12 Lost or Stolen Card 12 Changes to Your Agreement 12 Governing Law 12 Waiver 12-13 Assignment 13 Arbitration Provision 134O Special Definitions for this Arbitration Provisio13-14 Arbitration Administrators 15 'E|ecdonapd|nitiadonofAvbitcahon 15-16 Procedures and Law Applicable in Arbitration 17. Costs 17 No Consolidation or Joinder of Parties 18 . Judgment, Enforcement, Finality and Appea18 Misce|aneous,VVakver, Severability, Survival 18 Glossa ry 18-19 grgegi- ° Your Credit Card Agreement 1. Welcome to Capital One. Thank you for opening a credit card Account with us. This Agreement contains the terms for your Capital One credit card. 1. 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'yoursell" mean each applicant and co -applicant for the Account any person responsible for paying the Account and anyone they authorize to use, access or service the Account. It also includes an Authorized User as defined in the Glossary Section and as the language allows. "We," "us," "our" and "Capital One" mean Capital One Bank (USA), National Association; and its agents, authorized representatives, successors, and assignees. 1. Account Agreement. Your Agreement ("Agreement') with us includes the following things: (1) this document; (2) all Statements, (3) all rewards information and documentation if your Account has rewards; (4) our Privacy Notices unless you are not entitled to one; these describe our limitations on sharing Information about you with others; (5) your Card benefits brochure which describes benefits provided by the Card Association for your Card and Account. The most current version of your Card benefits brochure will replace all prior versions. (6) the "Small Business Credit Card Addendum" if you have a small business Card; (7) all disclosures and materials provided to you before or when you opened your Account, including some 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. 2. New Offers. We might make new offers to you or forward offers from others that we think you might be interested in. The terms and documentation for these offers will be provided when we make you the offer. If you accept the offer, this Agreement will still apply except as modified by the offer. 2. 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 information. You must tell us when this information changes. Please mail these changes to us at the address provided on our 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 these changes. 2. Credit Limits. When you open your Account, you will receive your credit limits. These will also appear on your Statements. We might also refer to your credit limit as your credit line. We may give you different credit limits for the different Segments of your Account. For example, you might have a different credit limit for purchases than for Cash Advances. You are responsible for keeping track of your Account balances and your available credit limits, Do not allow your Account to go over any credit limit. If you do, we may still honor the transactions and charge you fees. But, our honoring the transaction will not Increase your credit limit We may also increase, decrease, restrict or cancel your credit limit on any Segment at any time. This will not affect your obligation to pay us. 3. Using Your Card. When you activate and use your Card, you promise to follow the terms of this Agreement 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. You may use your Card wherever it is accepted. We are not responsible if anyone refuses to accept your Card for any reason. Also, we may reject and not accept 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 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. If we do permit a transfer to this Account, the terms of this Account will apply once the Transfer is completed. 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 CardAssociation 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, 3. 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. 3-4. 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. Ordinarily, we treat Access Checks as Cash Advances. 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 Checkfor any reason. 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. 4. Stopping Payment of Access Checks. You may request a stop payment on any Access Check by contacting us es provided on your Statement. We may charge you a fee to stop payment as described in the 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 as we request in any actions we might later take against that person. 4. 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 Card Association 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. 5. 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 their 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, their use. 5. 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. We may close your existing Account and/or issue a new Card with a new Account number. 5. Finance Charges. We will charge Finance Charges to your Account as disclosed to you in your Statements and other TM!, in Lending Disclosures. In some instances, we will notcharge Finance Charges for some period of time for certain transactions or balances. 5. 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. 6. 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 positive credit balance or a negative debit balance of more than $1.00 or if we have charged a Finance Charge to your Account. Your Statement will show all transactions billed to your Account during the Billing Cycle along with other Important Account information. 6. Disputed Transactions. You must inspect each Statement you receive and tell us about any errors or questions you have as described in the "Billing Rights Summary" part of your Statement and other Truth in Lending Disclosures. If you do not notify us as provided in those disclosures, we may assume that all information in the Statement is correct. If you dispute a transaction made by you or someone else on your Account, and we later credit your Account for all or part of the disputed amount, you give us all of your rights against that other person. You also will: (1) give us any merchandise or other purchases you received in connection with the disputed amount If we ask; (2) not pursue any claim or reimbursement from the merchant and that other person: and (3) help us pursue and get reimbursement from the merchant and that other person; your help includes giving us documents that we ask for and. that are acceptable to us. 6-7. Fees. We will treat the following fees as purchases. These fees apply to your Account only If they are provided in your Truth In Lending Disclosures. Remember, paying the fees charged in connection with a default as described in the Account Default Section will not by itself cure the default. • Membership Fee. We may start charging you this fee in your first Billing Cycle or later. If it is an annual fee, we may then charge it approximately once per year during the Billing Cycle that Includes the anniversary date of your Account opening. If It Is a monthly fee, we may then charge it once per month 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 a fee if we do not receive your payment in time for us to credit it by the due date shown on your Statement. • Overlimit Fee. We may charge you a fee if a transaction, Finance Charge, or other fee, charge or balance causes you to go over or remain over any of your credit limits during any Billing Cycle. • Returned Payment Fee. We may charge you a fee each lime any payment you make to us is not paid by your financial institution, even if that institution later pays it. • Returned Access Check Fee. We may charge you a fee if we do not pay an Access Check for any reason, including when your Account is in default, overlimit, suspended or closed. • Stop Payment Fee. We may charge you a 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. The following fees are Finance Charges. We will treat them as Cash Advances. These fees apply to your Account only If they are provided in your Truth in Lending Disclosures. • Cash Advance Fee. We may charge you a fee each time you obtain a Cash Advance. ▪ Transfer Fee. We may charge you a fee each time you obtain a Transfer. 7. Transactions Made in Foreign Currencies. If you make a transaction in a foreign currency, the Card Association will convert it into a U.S. dollar amount The Card Association will use its currency conversion procedures In effect when it processes the transaction. Currently, it uses either a rate selected from the range available in a wholesale currency market or a government imposed rate. The conversion rate In effect on the processing date might differ from the rate in effect on the transaction or posting date. We do not currently adjust the currency exchange rate or charge any additional currency conversion fees. 7. No Warranties. Except as otherwise provided In the "Billing Rights Summary' part of your Statements, we are not responsible for any claim you might have regarding the purchases of goods or services made with your Card. 7. 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. 8. Minimum Payment. Your Statement will provide instructions for making payments, including the amounts due and the due date for receiving your payment. 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 credit limit we may request a higher minimum payment from you. Be aware that paying only the minimum payment amount might not be enough to avoid an overlimit fee. j In addition to the minimum payment, you may pay all or part of the total balances on your Account. If you pay more than the minimum payment you still must pay at least the minimum payment amount shown on each Statement we send you. We will continue to charge Finance Charges during Billing Cycles when you carry a balance regardless of whether your Statement includes a minimum payment that Is due. 8. 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 any other credit account with us or any other company within the Capital One organization. 8. Mailed Payments. You must mail payments to us at the address provided on your Statement. If we receive your payment on Monday through Saturday (excluding bank holidays), we will credit It to your Account on the day we receive It, If. (1) you send the remittance 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 our processing center by the time indicated on your Statement Please allow at least 5 business daysfor postal delivery.Payments received at any other location or in any other form might not be credited for up to 5 calendar days. This might cause you to be charged late payment fees and additional Finance Charges. 8-9. Faster Payment Services. We may make services available that allow you to make faster payments using a telephone, 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 reapon'sible for the payment made even if that payment is rejected or not paid. 9. 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. 9. How We Apply Your Payments. We generally apply your payment to lower Annual Percentage Rate balances before higher ones. Please refer to your Truth in Lending Disclosures for details on how we may apply your payments. 9. 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 "Pall In Full" or similar language) must be mailed to and received at Capital One, P.O. Box 30285, Salt Lake City, UT 84130-0285. If you make your payment to any other address, we may accept and process the payment without losing any of our rights. 10. 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. 10. Account Default. You will be in default of your Agreement with us if (1) you do not make any payment when it Is due; (2) any payment you make is rejected, not paid or cannot be processed; (3) you exceed a credit limit; (4) a bankruptcy or other insolvency proceeding is filed by or against you: (5) you die or are legally declared incompetent or incapacitated; (6) we determine that you made a false, incomplete or misleading statement on any of your Account documentation, or you otherwise tried to defraud us; or (7) you do not comply with any term of this Agreement or any other agreement with us. 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. 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 (5) continue to charge you Finance Charges 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 or our requiring arbitration as described in the Arbitration Provision Section. You. must pay us all of our actual collection expenses, attorneys' fees and court costs unless the law does not allow us to collect these amounts. In any action against you, we may choose the Virginia statute of limitations period or the period provided by the law of the state where you live. 11. 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 at your home and at your place of employment; (3) contact you on your mobile telephone; (4) contact you at any time, including weekends and holidays; (5) contact you with any frequency; (6) leave messages on your answering machine/service and with others; and (7) 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 with you, modify or suppress caller ID services and use automated dialing and announcing devices (autodialers). We may do these things whether we call you or you call 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. 11. 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 information about you from consumer (credit) reporting agencies and others as the law allows. jl 11-12. 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 We may do this at any time and for any reason, even if you are not in default A suspension of your Account might be permanent or temporary. If your Account is dosed or suspended for any reason, you must stop using your Carr. 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. 12. 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 f us. 12. Changes to Your Agreement. At any time, we may add, delete or change any term of this Agreement unless we told you that we would not. We will give you notice of any changes unless we previously told you that we may make certain changes without notice. If we do notify you of changes, we will send you a separate notice or Inform you on your Statement. Our notice will tell you when and how the changes will take illi effect and describe any rights you have in connection with the changes. Unless we tell you otherwise, all changes will apply to both unpaid balances on your Account and new transactions. 12. Governing Law. This Agreement and your Account will be governed by federal law that applies to them and, if federal law does not apply, then by Virginia law. This will be true regardless of where you live or where you use the Card. We are located In Virginia. We make the decisions to open and hold your Account, issue your Card end extend credit to you from our offices in Virginia. If any part of this Agreement is found to be not enforceable, this Agreement will be read as if the unenforceable part were not there. 12-13. 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 or reduce your Finance 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. 13. 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. 18-19. 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. • "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." • "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. • 'Card Association" means Visa Inc., MasterCard International Incorporated, or any other network provider displayed on the Card. • "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. • °Finance Charges' means certain charges that are your cost of credit expressed as a dollar amount These charges include the interest you pay on your balances and certain types of fees. Please refer to your Truth in Lending Disclosures for more information. • '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. • '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, Balance Transfers, 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. This includes your solicitation disclosures, account opening disclosures, Statements and change in terms notices. 13-18. Arbitration Provision. You and we agree that either you or we may, at either party's sole election, require that any Claim (as defined below) be resolved by binding arbitration. IF YOU OR WE ELECT ARBITRATION OF A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, INCLUDING THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION. THE FEES ASSOCIATED WITH ARBITRATION MAY BE HiGHER THAN THE FEES ASSOCIATED WITH COURT PROCEEDINGS. 13-14, Special Definitions for this ArbitrationProvision. For the purposes of this arbitration provision ("Arbitration Provision'), the following definition d shall apply in addition to the definitions set orth in this Agreement 'Claim' means any claim, controversy or dispute of any kind or nature between you and us. A. This definition includes, without limitation, any Claim that in any way arises from or relates to: • the Agreement and any of its terms (including any prior agreements between you and us or between you and any other entity from which we acquired your Account) • this Arbitration Provision (Including whether any Claim Is subject to arbitration) • the establishment, operation or termination of your Account • any disclosures, advertisements, promotions or other communications relating to your Account, whether they occurred before or after your Account was opened • any transactions or attempted transactions involving your Account • any billing or collections matters relating to your Account • any posting of transactions (including payments or credits) to your Account • any goods or services charged to your Account • any fees, interest or other charges assessed to your Account, or their calculation • any products, services or benefits programs related to or offered in connection with your Account (including any insurance, debt cancellation or extended service contracts and any programs, rebates, rewards, sweepstakes, memberships, discounts or coupons) whether or not we offered, introduced, sold or provided them • our receipt, use or disclosure of any information about you or your Account • any other matters relating to your Account or your relationship with us. B. This definition also includes, without limitation, any Claim: • regardless of how or when it is brought (for example, as an initial claim, counterclaim, cross-claim, Interpleading or third -party claim) • based on any theory of relief or damages (Including money damages and any form of specific performance or injunctive, declaratory or • based on any theory of law or equity (including contract, tort, fraud, constitution, statute, regulation, ordinance or wrongful acts or omissions of any type. whether negligent, reckless or intentional) • made by you or by anyone connected with you or claiming through or for you (including a co -applicant or Authorized User of your Account, your agent, your representative, your heirs or a trustee in bankruptcy) • for which we may be directly or indirectly liable under any theory, Including respondeat superior or agency (even If we are not properly named at the time the Claim is made) • now in existence or that may arise in the future, regardless of when the facts and circumstances that give rise to the Claim occurred or when the Claim accrued • made as part of a class action, private attorney general action, or other representative or collective action which Claim shall proceed on an individual basis as set forth more fully in this Arbitration Provision. 15. Arbitration Administrators. One of the following arbitration administrators ("Administrator" or, collectively, "Administrators") will administer the arbitration: JAMS 1920 Main St., Ste. 300 Irvine, CA 92614 www.iamsadr.gom American Arbitration Ass'n 335 Madison Ave.. Floor 10 New York, NY 10017-4605 www.adr.orq National Arbitration Forum P.O. Box 50191 Minneapolis, MN 55405 tivww.arbitration-forum.com You may contact any of the Administrators to obtain information about arbitration, arbitration rules and procedures, fee schedules and claim forms. 15-16. Election and Initiation of Arbitration. You or we may elect arbitration under this Arbitration Provision with respect to any Claim, even if the Claim is part of a lawsuit brought in court. You or we may make a motion or request in court to compel arbitration of any Claim brought as part of any lawsuit We will not elect or initiate arbitration of any Claim brought In a small claims court (or the equivalent), so long as the Claim remains in that court, is made solely on behalf of an individual or Joint account holder and Is not made as part of a class action, private attorney general action or other representative or collective action. You and we must follow the rules of the Administrators to initiate arbitration. If you initiate arbitration, you may choose one of the Administrators, and you must mail us any notice required by the Administrator to P.O. Box 85550, Richmond, VA 23285- 5550. if we initiate arbitration, we will choose one of the Administrators, and we will mail you any notice required by the Administrator to your last - known billing address. If we have initiated arbitration, we will change the Administrator at your request if you notify us in writing at the above initiation of arbitration. 17. Procedures and Law Applicable in Arbitration. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the "FAA"). Questions about whether any Claim is subject to arbitration shall be resolved by interpreting this Arbitration Provision in the broadest way It may be enforced, consistent with the FAA and the terms of this Arbitration Provision. The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations, but the validity and enforcement of any class action waiver is a question for a court of competent jurisdiction, not an arbitrator, to decide. The arbitrator may award any damages or other relief permitted by applicable substantive law (but will not have power to review the enforceability or severability of the paragraph 'No Consolidation or Joinder of Parties,' below), but the award shall determine the rights and obligations of only the named parties and only with respect to the Claims In arbitration. The rules and procedures of the Administrator, which you may obtain from the Administrator, shall govern the arbitration unless they conflict with this Arbitration Provision, In which case this Arbitration Provision will apply. The arbitrator will not be bound by, and this Arbitration Provision shall not be subject to, the federal, state or local rules of procedure and evidence that would apply In any court, or to state or local laws that relate to arbitration proceedings. You or we may have a hearing In arbitration. Any arbitration hearing that you attend In person will take place at a location in the federal judicial district that includes your last -known billing address or at some other place upon which you and we agree. You or we may be represented by counsel. if you or we request, the arbitrator will honor claims of privilege recognized under applicable law and will use best efforts to protect confidential information (including through the use of protective orders). The arbitrator will make any award in writing and, at the timely request of either party, will provide a written statement of reasons for the award. 17. Costs. The party initiating arbitration will pay the initial filing fee. You may seek a waiver of the initial filing fee or any of the Administrator's other fees(collectively, 'Administrator's Fees") under any applicable rules of the Administrator, if you seek, but do not qualify for, a waiver, we will consider any written request by you for us to pay or reimburse you for all or part of the Administrator's Fees. We also will pay or reimburse you for ail or part of the Administrator's Fees if the arbitrator determines there is good reason for us to do so. We will pay any fees and costs we are required to pay by law. Otherwise, and except as provided in this Agreement, you and we will bear all of our respective fees and costs (including the Administrator's Fees and the fees and costs relating to attorneys, experts and witnesses), regardless of who prevails. Allocation of fees and costs relating to appeals In arbitration will be handled in the same manner. 18. No Consolidation or Joinder of Parties. The arbitration of any Claim must proceed on an individual basis, even If the Claim has been asserted hi a court as a class action, private attorney general action or other representative or collective action. Unless all parties consent, neither you nor we may join, consolidate or otherwise bring Claims related to two or more accounts, individuals or accountholders in the same arbitration. Also, unless all parties consent, neither you nor we may pursue a class action, private attorney general action or other representative or collective action in arbitration, nor may you or we pursue such actions in Court if any party has elected arbitration: You will not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim as to which arbitration has been elected. 18. Judgment, Enforcement. Finality and Appea(. The arbitrator's decision will be final and binding after fifteen days unless you or we seek an appeal of the award by making a written request to the Administrator. The appeal panel, which will consist of three arbitrators, will consider all factual and legal issues anew, will conduct the appeal in the same manner as the initial arbitration and will make decisions based on the vote of the majority. The panel's decision will be final and binding. Any final decision of the arbitrator or of the appeal panel is subject to judicial review only as set forth under the FAA. An award in arbitration will be enforceable under the FAA by any court having jurisdiction. 18. Miscellaneous,. Waiver. Severability. Survival. if you or we do not elect arbitration or otherwise enforce this Arbitration Provision in connection with any particular Claim, you or we will not waive any rights to require arbitration in connection with that or any other Claim. This Arbitration Provision shall survive: (i) suspension, termination, revocation, closure or changes of this Agreement, your Account and your relationship with us; (ii) the bankruptcy or insolvency of any party and (ill) any transfer of your Account, or any amounts owed on your Account, to any other person or entity. If any portion of this Arbitration Provision Is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. In the event of a conflict or inconsistency between this Arbitration Provision and the other provisions of this Agreement or any prior agreement, this Arbitration Provision shall govern. A photocopy or other image of this Agreement and related documents may be used in place of the originals for all purposes including litigation. Capitlaie 2008 Capital One Capital One is a federally registered service mark. All rights reserved M-93465 3 GARY L DOVE YOUR ACCOUNT IS RESTRICTED 600014 TAKE CONTROL OF YOUR CREDIT WITH CAPITAL ONE® Your account is permanently restricted from future purchases and cash advances. But, it's not too late to prevent further damage to your credit. We want to help! Let's work together to find a solution that's right for you. You can make a payment with our free check by phone service or speak to an associate by calling 1.800.955.6600. C0 2009 Capital One. Capital One u a federally registered service mark. All righter reserved Visa Platinum NEW BALANCE $2,891.95 Pape 1 of 2 141004155.7070 www.capltalone.eom MINIMUM PAYMENT 5437.00 PLEASE PAY AT LEST THIS AMOUNT X10CX-700 X-XX7t%-8e51 DUE DATE Oct 14, 2010 Credit Limit: $3,000,00 Available Credit: $101.05 Cash Credit Limit: $1,500.00 Available Credit for Cash: $101.05 Previous Balance 52,846.83 Pa Aug. 16 • Sep. 17. 2010 31 Days in Billing Cyde MINIMUM PAYMENT WARNING: N you nuke any Be rrinnam payrnere Bath padod, you era pay more n nlareal and a ea lake you Roper to pay di your bekaco. For ward Payment Amount Ea d, Paned If No Approximate nes. to Pay Off Monad Additional Charges Are Made Statement Balance Total Coat Minimum Payment I 18 Years I $4,822 Rya would No hdoneom eboig bred moreairp wanes, cal 1-688-3264065. LATE PAYMENT WARNING: !Iwo do not resines your minimum payment by your Ow die, you may lase to pay a Intake dap to $35.00. nts and Credits Fees and Interest Charged $0.00 + $52.12 + Tran $0.00 New Balance $2,898.95 You're behind by lour payments, But you can still bring your account current by paying the minimum payment amount on your statement. Need help? Give us a call at 1,100,955.6600. well moth together to find a solution. TRANSACTIONS PAYMENTS, CREDITS I ADJUSTMENTS FOR GARY L DOVE #8851 FEES 1 14 SEP PAST DUE FEE Total Fees This Period Total Fees This Year INTEREST CHARGED INTEREST CHARGE:PURCHASES Total Interest This Period Total Interest This Year Transactions continue on page 2 $25.00 $25.00 $290.00 $27.12 $27.17 $230.01 r Help is Available. Just pick up the phone. LW Call 1-800-955-6600 and a specially trained agent will be happy to help you check your balance and make payments. INTEREST CHARGE CALCULATION 'Your Annual Percentage Rate (APR) Is the annual interest rate on your account. AnnualPerCerrtage Balance Subjecto Type of Balance Rate (APR) Interest Rate Interest Charge Purchases Cash 11.15%D 17.15% 0 52,863.13 50.00 $27.12 $0.00 PLEASE RETURN PORTION BELOW WITH PAYMENT Oft LOG ON TO WWW.CAPITALONE.COM TO MAKE YOUR PAYMENT ONLINE. 1 1111111111101111.9 851 Account Number 51 Due Date New Balance Minimum Payment Amount Endosed Oct 14, 2010 ) 52,898.95 'Sr $437.00 l PLEASE PAY AT LEAST TNI5 AMOUNT GORY L DOVE 617 HOLLY CT DUNEDIN, FL 34696-7732 I'I•hlll' II''Ih'llrl•II•'IIILllrl' 1l1•Irrlr,�dn hlllur 17 2898950075000437000 Take advantage. Take control. Manage your account online at www.capitalone.com • Make payments • Review account information • Manage your account in privacy 40000e Capital One Bank (USA), N.A. P.O.. Box 71063 Charlotte, NC 28272-1083 I,IlII1r111..11'1I•I1.l11llllr•11111I,•ll•1•III.11lrlll11111•1111 Please make checks payable to Capital One Bank (USA), NA. and mail with this coupon In the enclosed envelope. How tan I amid payino giktnntalyyd117 Each month you pay your New balance In ful, you 042 have a minimum grate period of 25 drys with no interest Merry on all now 1) purchases, 2) balance transfer,. 3) special purchases and 4) other dopes. If you haw been paying your mown in MI with so Merest dsarges applied and you do not pay your next bel n 001. prorated Interest Merges wGl be armsad. There Is no gran period on nth adrrras, spay. transfers, or on .y new transaction when there is en unpaid borate tram • p.sioun b•R. How le the Igtmt Ounce applied? merest ranges aooe Man the 11 date of to transaction, 2) date the trwna[tlon b protested or 3) fast Wends, day of the bhang period. Marra dhrgw nary on eery unpaid amend until H Is paid in full. Thi, mem you my ow. Merry loges awn M you pry the entry New Bann.. one month, but did not do so for the previous month. Unpaid interest charges an added to the proper segment of your Account However, we reserve the .gest to not assn. Merest charges. any trait D. you .erns • yyp)mgm Intent Mame Y. A minbnum INTEREST CHARGE of $0.50 0.1 be ulnad for each bling period your accurst is arbjed ton interest throe. How did you Calculate the Intend Cher.? Then an several tekvlolons that are used to determine yen total intent charge. 1. To g. your DeityIM.osn En nth segment 1) take the beginning balance end add in nes transactions and the periodic intent doge on the previous data bennm. 2) Subtract any payments and credits for the segment as of the dry. The result is the deity balance for tads segment Harmer, if you pd your previous month° balance in hail for H your balance was sac or •,edit amount). new transactions whd post to your purchase at spedal perches. segments w not added to the delay balances. Mo. trn,atins that are subject to . gran paid on. not added to the duly balances. 2. To find your Average Daily Ulan. 1) odd the dray balances Mother sad 2) divide Hes suns by the number of days in the billing cyder 3. Estimate your rot. Interest Charges 1) multiply your average deify balm by the dry periodic rate and 2) multiple the rwuh by he number of days in the idling period. HOTS: Due to rousing or • minimum interest charge, this alod.bn may vary from the Merest Marge raw* mind. How an my weiable Aea.l Ponclntaoe Rab (API) change? Your APR nosy hoer. or decrease Mod on one of sewn standard indices reported Pan Tha WOO Meet .bum.I To fed which odes is used for your account look to a code (PA. C. 5, D n f) on the front of this .etemeat next to the APR(.). Then deck the Obis blow. Code next to your Annwl Partentege Rolle lAPR) hod. which yosr Mee an bead on When your Annual Percentage Rab will Mange P L C s Oo.ns,dy Prima • margin p.wousy 6a W ad to you Ooo.lo ty LIBOR t margin p.rbu.y dedmed to you Quarterly CD a margin previously diedoa. to you Bedard Pine t margin previously dledmed b you The feet day of Ile big ped0d. that end In January. Apra Jody and October. Cr i o Monthly Prime a margin previously ddaed to you MntMy LIBOR a narpn previously dldosed to you Tneauy LIBOR • nem. pavbuvy 6adosed to you The hat ay. esth many bang plod. Ate hen Add(tovoLlan associated with my ,,Dunt? Yes, under Cestan drmm,One's, you my be ,sassed • Late or Return.. Payment fe.You may ono he durgd onimlt res H permitted by law. We reserve the eight to not assess h. without prior natl..nth without waiving can right to clean • simile, fee tate. lira an 1 Q0l.I IDI? You my dose your account by aging or writing on Custom Relation Department At that time, we wRl provide .ddl40.4 deteh including payment information. H you us. your wait rad or Marga post to your ueount rhe you ask of to dose it we can keep yaw .cnunt op.. ). avoid prying ay .pplable membership fes, on In dose your amount prior to the end of the cyde In winch it Is scheduled te be hind. What happ.ns if my ssmat I.'uspeoddy We may dose or suspend your decent end your right to obtain credit al any time and for any fern. even H yen On. not to drink Aunt suspension can be permanent or temporary. If your account is dosed or suspended you mud 1) stop using your credit ted and .aeon 2) cancel all ram.* payments, 3) destroy all oedit min end moms checks and 4) pay all .noun', you owe w, wen N they were charged otter the rant was dosed or suspended. Hew dot Mob.0.0D>«.tte Payments you men to us will be edited to your daunt H. to business day we receive it as long ea 1) you send the bottom portlas. thh ztehra0d and your deck In he enclosed remittance envelope, and 2) your pennant is received In we. our processing anter by Spn local tome. Please allow at Mast (7) business days for man delivery. Changing Address? Address._._...._.._......_......__..._.._.._.._......_.........._...._ HomePhone ....__..._._......_.._.._........._.._..__...._......_....... AlternatePhone ..... _......__.__......__..........._...._.___._._....._ E-mail Please print address or phone number changes above using blue or black Ink S 001 17 Mand payments naked by us et arty raw baton or M any other form may not be created as of to day ere naive them. Do you Process Paper Oren .0.n Ehctr.nk Funds Tansfea When you provide a check as payment you authortre us and our agoob either O use Information from yaw check to make • onetime electronic fund bender horn your deposit .®unt or to process the pyment as Medi transaction. When we use Informalian from your check to make on electronic fund transfer, funds my be withdrawn from your deposit .ccount as soon es the tame day we mere your pyment and you era not rac..e your Med back from your lnwndal institution. Your .tat w1.odoa is not limited by the dole n the check. We ny resubmit end .Mronkoy cdlect the returned payments. Moat H 1 ftie forger 16}pl? H you on. entitled to bankruptcy prohcdn, this oornmunkation is for bformatin only, it is not an .tempt to collect assess or recover . debt or claim. Do net sad us pym.nb without speaking with your bonkrupty attorney or the Bankruptcy Court If you or your attarr.y would Bke to entad our bnlwptg dans .,nicer dkecty, please contact Caplbl One • PO Bos 65167 • ttidmnd. VA 23265-5167 B1 WNG RIGHTS SUABAARY(Does Not Apply to Small business Accounts) Whet To Do H You Think You find A Mink. On Yaw Sbtrrnnt H you think there is an error n your statement write to us at COne P.O. Bos 30265 Salt Lake Gly, UT 84130-02115 In your Irtten give n to blowing Into.n.don: • A0Sgygtinfpcmdjgp; Your name and .coons number. • DdW amount Th. dollar .mouth of the suspected era. • Dnabibn of Problem: N you brink then is an era on your MA describe rad you helm b wrong ed why you bellm it is a mistake. You mud contact us within 60 day, after the error appeared on your .talwnent You mud notify m. any potential .non icumitlo6 You my can os or notify w demniuM. but H you do we an not required to nvntigole any poteati.l errors and you may have to pry the anourst in question. Whin we Investigate whether or not thew hes been an ..,on, the following ere bud - W. cannot try to collect he ernount in question, or report you as d.inquwst on that amount • The charge in question my remain on your statement end we my continua to Barg. you Interest on that amount But H we determine that we made . mistake, you will not have to pry the amount In mention on sty Interest on other fees Mara to that amount While you do not have to pry the wnont In question .til we sed you . nota about the outcome of cur Investigation, you on responsible for the reminder of yew bal.rca • We can app/ .airy unpaid amount against your credit Bmit Your Rights H You Are Meant/stied With Your Credit C.rd Purchases. H you are 6natafed with the gods or services that you have purchased with your credit card, and you have trod In good 14th to ownct he problem nth the merchent you may how the right not to pry the ne n:rng amount due on Int purchase. To use this right d. the following mutt be true: 1. The purchase must hew been made in your honn stab or within 100 miles of your Gent mailing address. and the purchase prim must halve been mon than 550. (Mote. Nether of these are n.muary If your purchase was band on on. advertbem.1 ere melted to you. or H we aur the company h. ,old you the god, or rennin.) 3. You mud have used your credit card to the purchase. Pndonn made rah cash advanon from an AIM or with a dedt that accesses your credit rad .mount do not qualify. 3. You must not yet to... fuiy pod for the purchase. If a0 of the criteria .rove de met and You are stil dhothfid with the purchase. contra u, Wrathful et Capital On. P.O. Btu 30215 SM Lin City, UT 841304205 While we investigate, the same rules appy to the dhputd amount as discussed shove. Meer we finish our awadigatin, we win tee you our dd,ion. At that pont H we think you owe n ,moat and you do not pay we my report you a, delinquent Capital One support; infnmabn Reay protection: on. our wrath*. www.captelone.com Capital One It a rd.rty registered unin mark of Capital On. ymandal Corporation. Al rights nerved O 2010 Capital One TC -0/ 05101/10 Not quite ready to make payments online? No problem. Follow these simple steps to make sure we process your payments smoothly: • Don't staple or paper dip your check to the payment slip. • Be sure to use the payment envelope that came with your statement. Using a different envelope could delay processing. • Please don't include any additional correspondence. • Last but not least, be sure to write your 16 -digit account number on your check. Take Control with Online Statements Managing your account online is easy: • Check your balance and view recent activity • View and print copies of past statements • Pay your bill online Sign up at www.capitalone.com Page 2 of 2 1.800455-7070 www.capitalone.com Visa Platinum x00C-1O00t-xxxx-Basi NEW BALANCE MINIMUM PAYMENT DUE DATE $2,89895 $437.00 Oct 14, 2010 Previous Balance Payments and Credits 52,846.83 $0.00 Aug. 18 - Sep. 17, 2010 31 Days in Billing Cyde Credit Limit: $3,000.00` Available Credit: $101.05 Cash Credit limit: 51,500.00 Available Credit for Cash: $101.05 Fees and Interest Charged + $52.12 Transactions $0.00 s: New Balance $2,898.95 (TRANSACTIONS CONTINUED You were assessed a past due fee because your minimum payment was not received by the due date. To avoid this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to ready Capital One. Your account is now dosed. Charges made prior to your request to dose will still post to your account, but future charges wdl be dedined. If you have a balance, please continue to make payments until your balance reaches $0. Your account will be reported to the credit bureaus as dosed. Capi what's In your wallet? GARY L DOVE YOU'RE BEHIND BY 5 PAYMENTS 500012 IT'S STILL NOT TOO LATE. Your account is unusable. Please pay the amount due on your statement by the due date. Remember we're here to help! Let's work together to find a solution that's right for you. You can make a payment with our free check by phone service or speak to an associate by calling 1.800.955.6600. • C 2009 Capital One. Capital One it a federally registered service math. All rights ruerved Visa Platinum NEW BALANCE $2,950.67 Credit Unlit: 53,000.00 Available Credit:549.33 Previous Balance Page 1 of 2 14100-955.7070 www.capitalone.com MINIMUM PAYMENT $518.00 PLEASE PAY AT LEAST THIS AMOUNT X00t-7000(-XXXX-8851 DUE DATE Nov 14, 2010 Cash Credit Urn it: $1,500.00 Available Credo for Cash: $49.33 $2,898.95 Sep. 18 - Oct 17, 2010 30 Days in Billing Cyde MINIMUM PAYMENT WARNING:II you make only the minimum payment each period, you WA pay mon F Merest end It of take you longer to pay off your Wens. For wenn Payment Amount Each Period If No Approdmat.Ttme to Pry Off Estimated Additional Charges An Made Statement Balance Total Cort Mlnhkan Payment 1 18 Years I $4,917 Rya would Ike b* emadon about ant wumeirg notes, cal 1.898326-8055. LATE PAYMENT WARNING: If e. do not mane your n*imun payment by your due date you may haw to pay elate fee ci 4,11)636.00. Payments and Credits Fees and Interest Charged - ( S0.00 + $51.72 Transactions $0.00 New Balance $2,950.67 You're behind by five payments. If you continue to miss payments your account is at risk of being charged off. Please don't let this happen. If you're feeling overwhelmed, call us at 1.800.955.6600. We'll work with you to resolve this matter. TRANSACTIONS PAYMENTS, CREDITS & ADJUSTMENTS FOR GARY L DOVE #8851 FEES 1 • 14 OCT PAST DUE FEE Total Fees This Period Total Fees This Year INTEREST CHARGED INTEREST CHARGE:PUROIASES Total Interest This Period Total Interest This Year Transactions continue on page 2 $25.00 $25.00 $323.00 $26.72 $26.72 $256.73 capthe Due Date Nov 14, 2010 Help is Available. Just pick up the phone. Call 1-800-955-6600 and a specially trained agent will be happy to help you check your balance and make payments. INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Annual Percentage Balance Subject to Interest Charge Rate (APR) Interest Rate Purchases Cash 17.15%D 5226.72 $0.0015 5$000 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAP1TALONE.COM TO MAKE YOUR PAYMENT ONLINE. 1 IIIPM.11111.118 8 51 Account Number. 111.111111111111,8851 New Balance Minimum Payment Amount Endosed l =D $2,950.67 $518.00 J \ / PLEASE PAY AT LEAST THIS AMOUNT GARY L DOVE 617 HOLLY CT DUNEDIN. FL 34696-7732 .II.,III„III.IIIIIILi41.1.1.m. ,llllllL,l.11llll.11llnll 17 2950670075000518001 Take advantage. Take control. Manage your account online at www.capitalone.com • Make payments • Review account information • Manage your account in privacy a 400006 Capital One Bank (USA), N.A• P.O. Box 71083 Charlotte. NC 28272-1083 1111111111"11111.111111111"111111"11.1.111.11"1111111P 1111 Please make checks payable to Capital One Bank (USA), NA and mag with this coupon in the endosed envelope. Now on I .veld pe)...) paying latesmcbmout rad. month you pay your been Balance In full, yen td have • mb.bnum gram padod of 23 days with no Intend dramm on all now 1) purdurw., 2) Miser benders, 3) pedal ps*d neo and 4) other thaws. N you hen bath posing your accent in list with no Interest deeges appreed ad you do not pry your neat bit N Ive1, monad .erns damn wit ba mama There h no grace period on ah armies, wad Radon, er n any now tar lotdon whoa them Is an unpaid Hunte tore a prank. til bwarsaaort 1) d •dm b proeesW S) IbeI niaciwarm n the 1) den of bank dry of me blare. prlad. Mewed damn waney pry a every amid amount vedl C b pall N lug. Thio mens you may owe a Munn dames wen If you pemM 11w gabnM one month, but did not do so cot the palms month. Unpaid barna charges we added to the proper segment of your Amount Noo.vr, w mom a right to not wows Interest charges et any time, Do you amen a WInhnew loteent Came Yat A minimum 1)07ERES1 WADI of 50.30 wed he .caved for each tang prod poor amount is mast to on intwa t dnga. Now did you Ockulatt the eltan.t Canal than are several ok/Ltions that .n rad to d.anelm your total barred cherge. 1. To velour Day Balmer For ..d, manna 1) oak. thr begbmb g bloom and add in new 00000?... and to. periodic Icons large on the parka dry)) b.bento. 1) Sabina wry almoner and coedits for that wasn't es of that My. rho taut Is to. day bane" for each e.g.,.,, Nawar, If you paid your parkas month)) Mlnm In M (a if your bane wen ow, or • ova smarm, new ens luno .dish port to par purd..sa or gnat puedee sagmnb are not added to a daffy Mlnan. Aho, b.oatien. then .n wast to • gram period we not add.d o a day b.i.non. 2. To 1•d your Average Only Bohner: 1) add a daDy batman together end 2) aridhr the gain by the rrmben of drys In a bung rya•. 3. Estado seer Total mteresl Gra: I) multpty yew swage daffy baso by the day periodic tote rd 2) moldpy to. awe)) M a numbs of dy. in the tan pied. NOTE: Dm to rounding or • minimum *tinned chrge, this calculation my vary non the Mann dump Aetna nomad. law con my .eetabl.Mnua Pwa•nt•00 Baa Lapp dung.) your APR my lemmas, or d.oeoe based on who of sewn standard Indices repot? n the ave Saar .Ertl to ted whirl Sada is used for your ••ms•t look for • cod. (P. L i 1, Doe F) on a frontal this sbt•mem nen to the alto). Ther dndt der table betook Code .ea to par Aerie) Percentage Rata IAPRI Man wadi yew nM are bawd on WO000 your Annul untag. Reid will arena P L C B Quarterly Paw 0 margin pnNasdy dadow0 to you Ourary LIBOR • margin previously &sewed to you .army CD • noggin pmeouoy dttdo..d to you Bwbd money • mini. pnrbuay adored W you The IM by of a bgbg periods that end In Januar', April, Amy and October. O F O Manly pans t corgis creamy dado.ed to you Mary UBOR • entrain previously disclosed to you Tammy LIBOR • Volaagiprestossly 0igdoand to you The Int day dead mudeytaro peed. Am then dddl(gpR(hattaunted with my..mecism! 'em, under certain deeumsanaes, you my be assessed a tate on Rotumed Pyment Fee. Yen my abo be carped .verso)) furs lf nnnitnd by taw. We noose a right to not wows her without prior nada and without wN.b.p our right to anew a similar holster. Now on 1 Mow My Amount? You cavy dmo your amount by caking or writing our Gramme Relations DepMmnt At that thin we ndi previa additlnd dab including payment Informatics , Ifyou use yaw credit of Of down pato your woman after you est us to dose it we on kap yon amount onn.To ovoid paying any opprrobt memMnap fin, cat 10 dose yaw rceunt prior to a end of the Cyd. In which N is scheduled to be Need Whet happens If rnyatotat,D,ruatailta We ay don or .append your account and your eight to obtain oast e t any time and foe ay meson, on., Ryon .re not in default Acountsutpwutn can be permanent or taproom. thaw wawa is Brad or ousponderd you must 1) sop using your and)) card and account, 2) caned .t autocratic pymmb, 3) destroy a credit ad, and amts chocks, and 4) pry .1 amount you eve. us, .von if ay wen dread after to. account was dosed or sury.nded.• NOW do iblail RYmmhyPayn,wdo you mag to es mil be aedit.d to your account as of the bwinms day w moan it n kap at: t) you and too bottom portion of this statemented your check in a enclosed malaria nwlap., and 2) your pyoora Is nolVed in one o1 our prooetetg centers by Spm load time. Paw. *tow at least (7) beams days far mall dafn.y. Changing Address? Address............_.._.._.... • Home Phone,_ Alternate Phone E-mail Address._._.........._._.._.._...._.._......................................_._ Please {pant address or phone number changes above using blue or black ink. vet I? • aled pm/mats recant by n at any oar ttedon or In try osis" tone may not be creditad o of the dry w receive them. De you Promos Papw C hob oe an El_._i .nk a sogyim...4e.7 When you prod& a dells w menet you mambo ver end our *gab ether to on. Irrformadan how your cited ea make a on..tiw elector* herd Rend" tram your deposit account or to porno the p ymrn as a Bert transaction. When we ase kdormabr from your deed to mato an Watsonk fund bad., Arndt my be wdhd.s.n how your depm) wawa as non as the same day Wa naive your payment and yon wry not .sent pow chock boa bean your tnandd institution. Your •utlwrbadn h not Pelted by the dot. on the check We ens tauten and area.. Way coact a returned paywenl., Whet H I Rle for 6an(mlgygt7 If you re mooed to bankruptcy peots1vt thio eemmdogen in for Inoematbn only, it is net an attempt to Who mows or ream a dobe dein.. Do not .end a pan.ob without .nldrng wed. your banbaptey attorney or Me tatmpay Cart H you or your athwart woad no to meted ow bnbuptry drrn. WOW directly, pleas* contact Capitol One - PD tom 65167 - Richmond, VA 2316.:5162 MUM MOMS 317MMARY(Dow Not Apply to Smell 6u,bres. Account) Wirt To Do N Yon Think You Find A Minato On Your 3btemnrt If you think Mere Is an MIN on your ratwnnt write to n at Capita On. P.O. ton 10263 Sal lane Ory. UT 541360165 a sour attar, glee u, the otowng bdornnedac • aim; Your name end amount number. • Drata..nb The dare amount of the =vented wren. • De•tawon of ham: If pro thbd there h n error on your bot dwotbe what you bairn Is wrong and nsiy you ballon N it a tartan Yen must contact us within 60 bye an the err append on your aatrnent Ya must notify us of ay potato' we. Wig. You my call us or noti fy u. .a.cbnkaly, but If you do we are not remind to arraign* any potentia veras and you may have In pay Ma inmost In quotas. While w imwtigate wwhathw or not then has been en err, the follruk,g are baa •W. rear by to cooed the .n ant in proton, or repot you n delinquent on thou amount • The charge In qunbon my remabn on your statement, .n0 we my continuo to charge you loaned/ on dim amount Rut S we dwwmine then w code • mistier, you wag not have to pay the amount in question or wry Interest ce other hes related o that .mount Wflle you do not ham to pay Me mount in menden until w wed you a notice about to. entarn. of our bare tlg.den, you are mpnsble for the rwnalnder of your barns. • We can apply .y unpaid .•ert pout your credit bolt Your Mght If Yon An Dinstaad With Yaw Credit Card Purchases -1r you re dus*tlofd wan a good r swvkm then you ism pwdosad Wath your croak awl, ad you ism Med ti good faith to canal the problem with the medial, you nue" am to. right not to pay the manning amara der on a pedlar. To use thio right all of the following must b. bur. 1. 7th mocha...at have been made In 'ON ham nab Or Within W0111161 of your current a•iog address, end the poem. pin mat Iron Man man to. SS6. Mote Rarer of these w. newo.ay H your purdrwe on. brad n on adwrtuement we malted to yen, or O w owe. Me company at add you I. good. a ."New.) 2. Ya mum have wed your pada cad for the pothole. Pathan mar with cash tut wcut from en AT15 or with a check that ammo. your credit ad swami do not quay. 3. Yen must not yet haw hilly paid for th. pardon. If all of the ulna above an met and you we MR duaankd with the predose, contact n Capita One P.0, Bea awns Sat eke Oty, 07 64130-0265 When we ineeodgete, the some runt appy to the dsput.d amount an dmussed above After w Ankh Our leondgedat we will tel you err decision. At toot point H w think you ave an am amt we you do not pay w nay rgrt yaw detrgwnt Caul 6re sapparb information privacy probation: sur or nada et ..ww.caplloro.can Capital On. b a fdra y 'almond .mks mark of Capita 0n. Fluorin! Cerporelorc All rights roared 0 2010 Capitol OM TCA6 05.01/10 Not quite ready to make payments online? No problem. Follow these simple steps to make sure we process your payments smoothly: • Dont staple or paper clip your check to the payment slip. • Be sure to use the payment envelope that came with your statement. Using a different envelope could delay processing. • Please don't include any additional correspondence. • Last but not least, be sure to write your 16 -digit account number on your check. 2 Take Control with Online Statements Managing your account online is easy: • Check your balance and view recent activity • View and print copies of past statements • Pay your bill online Sign up at: www.capitalone.com Visa Platinum NEW BALANCE $2,950.07 Previous Balance Page 2 of 2 1.000.055.7070 www.capltalone.com XXXX-)000(-)000-8851 MINIMUM PAYMENT DUE DATE 2518.00 Nov 14, 2010 22,898.95 Payments and Credits l $0.00 Sep. 18 - Oct 17, 2010 30 Days in Billing Cyde Credit Unit: Available Credit: Cash Credit Limit Available Credit for Cash: 23,000.00 $4933 $1,500.00 24933 Fees and Interest Charged 251.72 Transactions $0.00 New Balance 22,950.67 (TRANSACTIONS CONTINUED You were assessed a past due fee because your minenum payment was not received by the due date. To avoid this fee in the future, we recommend that you allow at least 7 business days for your minimum payment to ready Capital One. Your account is now dosed. Charges made pdor to your request to dose will still post to your account but future charges will be dedined. It you have a balance, please continue to make payments until your balance reaches 20. Your account will be reported to the credit bureaus as dosed. GARY L DOVE YOU'RE BEHIND BY 6 PAYMENTS 500013 IT'S TIME TO TAKE CONTROL OF YOUR DEBT. WE'RE HERE TO HELP. Even if we report your account as charged off, you'll still be responsible for paying your debt. So why not call us to see what we can do together to keep you from receiving such a serious mark on your credit record? Please contact us to find a solution that's right for you. You can make a payment with our ¢go check by phone service or speak to an associate by calling 1.800.955.6600. Make sure you of or pay the amount due on your statement by the due date to eliminate the risk of being charged off. 02009 Capital Onr. Capital Ota it a federally registered rewire mark. AU rid/m retested Visa Platinum NEW BALANCE $3,013.77 Credit Limit 53,000.00 Available Credit 50.00 Previous Balance Page 1 of 2 1.8004557070 www.eapitalone.com MINIMUM PAYMENT $611.00 PLEASE PAY AT 1EAST EMS AMOUNT X)00(-)000(40001.8851 DUE DATE Dec 14, 2010 Cash Credit Limit $1,500.00 Available Credit for Cash: $0.00 $2,950.67 Payments and Credits $0.00 Oct 18 - Noy. 17, 2010 31 Days in Billing Cycle MINIMUM PAYMENT WARNING:N you make cedy tbe yardmen payment each palled, you .,e pay more h Hereat and k we take you lager to pay off your balance. For example: Payment Amount Each Period N No Approximate Time to Pay Off Estimated Additional Charge Are Made Statement Glance Total Con Mirbmm Payment I 16 Years I 54.692 ewe would Re inlonnetion about wed counseling swam, wk 1.888426-8055. LATE PAYMENT WARNING: tends not receive yanminiman payment by your due date, you may have in pay a late tee of up lo $3540. Fees and Interest Charged + $63.10 + Transactions $0.00 e New Balance $3,013.77 You're behind by six payments. If we charge off your account due to late or missed payments, finance charges will continue to accrue. Act now to prevent his from happening. Please pay the minimum payment amount on your statement or give us a call at 1.800.955.6600. We're here to help. Take control of your credit with Capital One. TRANSACTIONS PAYMENTS, CREDITS & ADJUSTMENTS FOR GARY L DOVE 58851 FEES 1 15 NOV PAST DUE FEE Total Fees This Period Total Fees This Year INTEREST CHARGED INTEREST CHARGE:PURCHASES Total Interest This Period Total Interest This Year Transactions continue on page 2 535.00 535.00 5358.00 528.10 $28.10 $284.83 Help is Available. Just pick up the phone. Call 1-800-955-6600 and a specially trained agent will be happy to help you check your balance and make payments. INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Annual Percentage Balance Subject to Interest Charge Rate (APR) Interest Rate Purchases Cash 11.15%D 17.15%D) S2$0.001 I 8.10 $20,00 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONE.COM TO MAKE YOUR PAYMENT ON UNE. Due Date C Dec 14, 2010 i� 1 X851 Account Number: 111111111111111.81351 New Balance Minimum Payment Amount Enclosed $3,013.77 i $611.00 i. PLEASE PAY AT LEAST THIS AMOUNT GARY L DOVE 617 HOLLY CT DUNEDIN, FL 34698-7732 1•I„.11d,.11111N1d1•hlh1h11111•ill11111".111+lllr•III i 17 3013770075000611008 Take advantage. Take control. Manage your account online at www.capitalone.com • Make payments • Review account information • Manage your account in privacy atoms Capital One Bank (USA), N.A. P.O. Box 71083 Charlotte, NC 28272-1083 IIIIIII,III,•11111.1I•1111111••IIII1I•'II'1111.II..11111111•I111 Please make checks payable to Capital One Bank (USA), NA and mail with this coupon in the enclosed envelope. Now can I weld paring r Cad month you pay your 11ew Balance in putt you will haw a minimum pace period of 25 days with no Interest charge on ell new 1) purchaet 2) balance trandrs, 3) special purchases and 4) othw larges. N you have been do Mil i�, proorrated InntMsnst dirges wwith ill be assessed. Thel charges n I. nogrrate period on pay hadva a. .pedal transfers. or on any new transaction when there b an .npaid balance Rom • previous hit Now Is the (gtane 0,.,oe applied? InterM drga accrue horn the I) date of the lunation. 2) date the rruaction is processed or 3) ren ander day ort bang period. 'newest charges amus on ovary unpaid amount ontll N in paid in full This means you may owe interest dames now If you pay the entire Neer Boland' one month, but did not do so for the pro ictus mane. Unpaid interest charges an added to the proper segment of your Account 110W.. , we r..rw tite right to not nems Wowed charges a any time. Do you amu • (y1.b.002n SmU Ye. A minimum INTEREST OIARGE of 30.50 will be assessed /or sad biting period your account Is staled to n Interest doge. How db you rjStriate the Interest Cryan There are several cakubdons tin Or. wed to determine your total interest large. 1. To gat your Daly Balance: for *ads segment 1) tate the beginning bronco and odd In new transactions and the periodic intrust deeps on the previous day)) barna. 2) Subtract any primula and cred)b for that segment as of ewe day. The result is the daily balance for each segment Nowta dyers paid your previous mord° Irina In full (or N your balance ma bora or • credit amount), new transactions whkis post to your percher or pedal pads. segmenb an not added to the drily boauos. M0, tramacNons that an subject to a grace prod are not added to the daily balances. 2. To }std your Average Dab Balance tl aid the daily balance together and 2) ?yids the .m by the number of days In the Meng cycle 3. Estimate your Total Interest Clara l) multiply your average dray balance by the day periotic rah and 2) multiply the result by the number of drys in 141 Mktg period. NOTE: Due to rounding or mninura Interest charge this Wcuhtiu my vary horn the interest large *dually assured. Now an my variable Moual Pemenb.e Rate (APR) danger Your APR may Increase as dude. brad on one of awn standard Mika reported in The WWI Steer Jour! To find which index Is used for your account, look for • code IP. L, C 5, 0 or f) on the front of this rtar,.ent nee to th• APR(.). Then tired tho table below. Code nut to your Annual Peronhgo Rate (APR) Index which your rates ase based on What your Annual Percentage Rah wlbl change P Ourtnty Prim. • envois previously did.ed to you Quarry LIBOR • margin dodged to you TM hat day of the L bang periods that previously b you end In Unary. di• B da Bankcard Primoi• margin prrobualy dhdo..You July end October. 0 Monthly Rha • margin previously disused to you The firs day of rod P Monthly LIBOR • margin preiousy&doaed to you money biting 0 Treasury LIBOR • margin pnnousy decrial to You peed. Are Owe Adotlonal Pees fuo.bted with my .ccmmt7 Yes, under crab dramsbnces. you may be assessed a labor Retuned Payment fine You may also be charged uwwlm)t few if permitted by law. We reserve the right to not risen few without pray notice and wlhout miring our right to cows a slmaar fee later. Now an 1 jyp2Sdhca6RllfV7 You may dose your mount by atirg or writing ow Customer Aeration Dparbnent At that time we will provide edditnni debts including payment information. N you ea your credit ad or ddarges port to your account .It., you ad w to dose it no on kap your account open.To avoid prying orb pliable membership fen, ell to dose your account prior to the end of the oda in whirl itis sdadobed to be riled. Whet happens N my ,ScrawslieSsuaraltd7 Ws may doss or suspend your account and your right to obtann cart et any time and 10r any reason, con If you are not In defers. Amount suspension can be permanent an tern panty. If your account Is dosed or suspended you mod 1) stop usn0 your credit and and account 2) anal M wean.* pymmb. 3) destroy it credit cards and awns checks. and 4) pay se amounts you owe us, oven if they were larged .Rus the OCount was dosed or suspended How do I MPkl.dt menta Pyme is you mail to us MI be credited to your account as of the business day we receive it as long as 1) you send the bottom pompon of this statement std your dud in the endued remittance envelope, and 2) your payment h rwrred n one of our procesng centers by Spm local tins. Pere allow et Mast (7) business days to. mail drive?. Changing Address? HomePhone._._ .................. _......_...................... _._...... _..... ._...._.._. E-mail Address Please print address or phone number changes above using blue or black Ink 001 17 M.Ibd p9m.nb revived by us stony other locator. or In my other form may not be credited as of the day we receive therm. Do you Process Pilus Cherls as en Ekn40nk usga000fwl When you provide • deck as payment you authorhe us and our agents either to use Infonnetion horn your died to make a 0.041,.. electronic frond bender how your deposit account or to process the payment as • dad hema tits. Whenwv on. information tram your dad to make an electronic fund transfer, Ml may be withorewn horn your deposit .00ent es soon n the same day we receive your payment and you WS not naive your duck beck from your financial Institution. Your authorisa0on Is not limited by the dere on the deck. We my resubmit and electro.noiy collect the returned payments. Whit IfMlle for Qlnk0uacif N you ea entitled to bankniptcy protection, thio canmunk.tim b for InMmoton only, it is not an attempt to oohed. sums a recover a dart or dim. Do not and us payments without speaking with your banbnuptsy attorney or the tonbyptef Gaut If you or your attorney would Ore to contact our bobnpty darns senor directly. plea. contact Capital One - PO Poe 65/67 • Richmond, VA 23205.5/67 BILLING RIGHTS SUMMARY(OOe Not Apply to 5ma0 Business Acworth) What To Do N You Think You Find A Miebke On Veer Sbtnnent N you think thou bon ens on your statement write to us at Capital OM P.O. Bol 303115 Salt lake City. UT 1413 0-02 05 In yout tetter, ger w the Cdbo..bkg inform Wore •y oonLltritmltiue; Your name and account number. • 121211r anowt The dollar .mount of the suspected .nor. • Description of Problem; N you think there I. en error on your hit describe whet you beleve b wrong and wiry you believe It h a mistake. You must contest us within 60 days eft., the now appeared on your statement You must notify us of any potential arm inialling. You may ail us or notify us.kctronk.fy, but if you do we re not rewind to Investigate any potentia anon end you may have to pay the .mount in gpuestion. While we Investigate whether or not then has barren aro. P. following ere true: • We .mot try to collect the amount in question. or report you as delinquent on that amount • TM Cage In question may nonee, on your statement and we may continue to charge you interest on tet amount But, if we determine that we made a mistake, you nil not have to pay the amount in quedon or any interest or over fou related to that emceed. While you do not hove to pay ton .mount in quertbn until we send you a notice about the outcome of our investigation, you ars ropomible for the reminder of your balance • We an appy any unpaid amount against your ova emit Your Rights N You A. Db.tbtld With Your Credit Card punhases. N you are dissatisfied with the goods or swim the you hove purchased with your credit card, and you hew tried is good Nth to Cent the problem with the merchant yam may h.ve the right not to pay the remaining amount dee on the padre. To use this right ell of the following mud be true 1. The pada* mud hew been made in your home star w widdn 100 miles of your current making address, and the purchase price mud have been more than 550. (Note: Neither of these an neo nary if your perdu. was based on an advertisement we ma0ed to you. or N we own the company that sold you the good. ..wakes.) 2. You mud hew used your credit card for the purchase. Purchases math with ash winnow horn en AIM or with a dud the accesses your credit nod account do not qualify. 3. You mud not yet haw idly pid for the padre If all of the criteria above re mat and you are still dissatisfied with the purchase, contact us rtl Capital One P.O. Box 30205 Salt Lahr City, UT 04130-02n While we investigate the same rules appy to P. riveted amount as discussed above Aha we finish our nrwtlg.tlon. ave 141 td you our derision. At the pont Nese think you owe on ▪ out and you do not pay we may report you as delinquent Capital One supports information privacy protection: see our want. at wnw.ophabn..cwn Capital One h a federally registered aria mask of Capital One Mandel Corporation. AB rights reserved O 2010 Capitol Or. TC4O 05107/10 Not quite ready to make payments online? No problem. Follow these simple steps to make sure we process your payments smoothly: • Don't staple or paper clip your check to the payment slip. • Be sure to use the payment envelope that came with your statement. Using a different envelope could delay processing. • Please don't indude any additional correspondence. • Last but not least, be sure to write your 16 -digit account number on your check. (2} Take Control with Online Statements Managing your account online is easy: • Check your balance and view recent activity • View and print copies of past statements • Pay your bill online Sign up at www.capitalone.com Page 2 of 2 1.800.955.7070 www.capitalone.com Visa Platinum NEW BALANCE $3,013.77 XXXX-XX%R-XX)0t-8851 MINIMUM PAYMENT DUE DATE $611.00 Dec 14, 2010 Previous Balance $2,950.67 Payments and Credits $0.00 Fees and I Oct 18 - Nov. 17, 2010 31 Days in Ea01rrq Cyde Credit Unit: Available Credit: Cash Credit limit: Available Credit for Cash: $3,000.00 $0.00 $1,500.00 10.00 rest Charged $63.10 Transactions $0.00 New Balance $3,013.77 TRANSACTIONS CONTINUED You were assessed a past due fee because your minimum payment was not received by the due date. To avoid this lee in the future, we recommend that you allow at least 7 business days for your minimum payment to reach Capital One. Your account is new dosed. Charges made pear to your request to close win still post to your account, but future charges will be declined. 8 you have a balance, please continue to make payments until your balance reaches $0. Your account will be reported to the credit bureaus as closed. Your account works differently now that you're 7 payments late. Please see the next page for important account information. 500343 Page I of 2 1800.258.9319 www.capitalone.comisolutions Visa Platinum 4003-4425-88224851 NEW BALANCE PAYMENT DUE DUE DATE $3,076.56 $3,076.56 PAST DUE Available Credit $0.00 Previous Balance $3,013.77 Payments and Credits 50.00 Nov. 18 - Dec 17, 2010 30 Days In Billing Cyde IMPORTANT ACCOUNT UPDATES Your An balance a due. My payment you make ell reduce your balance end help pay all your debt faster. The amount you oae 'royalty a you've mitered Into a separate payment agreement Fees and Interest Charged + $62.79 + Transactions $0.00 New Balance $3,076.56 TRANSACTIONS PAYMENTS, CREDITS & ADJUSTMENTS FOR GARY L DOVE 88851 FEES 1 14 DEC PAST DUE FEE Total Fees This Period Total Fees This Year INTEREST CHARGED INTEREST CHARGE:PURCHASES Total Interest This Period , Total Interest This Year $35.00 $35.00 $393.00 $27.79 $27.79 $312.62 Help is Available. Just pick up the phone. Call 1-800-258-9319 and a specially trained agent will be happy to help you check your balance and make payments. INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Annual Percentage Balance Subject to Interest Charge Rate (APR) Interest Rate Purchases I 11.15%D $3,031.82 $27.79 Cash 17.15%D $0.00 $0.00 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONE.COM/SOLUTIONS TO MAKE YOUR PAYMENT ONLINE. 1 111111110.111111111113851 17 3076560075003076562 CaPit Account Number:411011.11111111118851 Due Date New Balance Amount Endosed Past Due $3,076.56 GARY L DOVE 617 HOLLY CT DUNEDIN, FL 3469B-7732 Ihrhill.0d1hrrlr,l^IrNU611111rllul.p1rll1°nlhl41 l Manage your account online. 2, Visit www.capitalone.com/solutions to manage your account online. Have information at your fingertips 24/7 without picking up the phone. Looe Capital One Bank (USA), N.A. P.O. Box 71083 Charlotte, NC 28272-1083 IIIIII1.I11"lllllrlrlllllll„Illllrrllrlrlllrllrrllllllelrinl Please make checks payable to Capital One Bank (USA), NA and mail with this coupon in the enclosed envelope. N ow can I said paying IntamalasEstal Erste month you ply your Mew UMW In M, you w0 have a minimum gum pried of 25 drys with no Want dame on all new 1) pedants, 5) balan°. tramfm. 3) specie) pachnes and 4) other throes. N you leave been paying your amount ih hail with no interest dames Implied and you do not pa your nert In loft wrote bleed damn wl b •11ese.d There Is no gem pried on cath dunce., special Panda, or on ay new transaction when tae Is en unpaid blame from • redoes bit Now le the hylaseglasametiapplied? Intone terga Mahe nam to 1) den of dee b.nnotort 7) aro the transaction h processed m 3) Ike Mande day of the WIMP pedad. MMM dame wave orb .••y unpaid .mount onti k b paid In M. 1Me canon you may owe Mont dames sen H you pay the atm Now WW1, one month, but did not do m ter the ware month. tlopod Interne charges w. added to the pop' segment or your Account H ower, we ewe the eight to not on..,. Interni themes Karry thew Do yds mare BliglEmBELIBMEM1332.760 Yea A minimum INTEREST CHANGE of 00.50 ori la seated for reach being pried your mount b sub).d been based char. How did you Cakubte the entente Charge Thera era wed mso4atkms that n used to determine your total Inbrne loge. 1. To ger you Daily e.lmm: For ..tit segment 1) tabe the beginning berm and odd In new trensetioos rod the periodic intent demean the parlous d.yl f.lano. 2) Subtrd wry armed, and nddo for that snares es of that day. The result le the dolly Wanes for each tan wet Now0we, If you paid your pardon month() berme In hail (te N your babno wn two or • credit •mount. nesw transactions which post to your patine or model purdm a .aynenb are not added to the dear belanres. Also, transaction dud are mbgdm a gra perked on. not added to the ddb Mean. 2. To Feld you Aeny. Daly Balmer 1) odd to day balances bg.lha0 end 2) drlda to tom by the n umber of d.y. Ye the hTeg cede. 3. Enna, bpm Total entree Charge I) multiply yo'n . saga daily beam by dee daily pdodk res and 2) multiply the mull by the numbs of dry. In to being period. NOTE: Due to rounding ora rather. invert them., this cabd.to ply wry from the Merest charge adn.Il messed. 11 the Itharatest pan' a panahmnmO? No N red .mounts we mad on to doh of the statement Nawar, because Interest late damn •rod oudaw targe might dhmge barn day n dry et paraded in your ashcan agrament the amount der on the day you pry Tory be larger. For esanpb, R you pay the amort[ sed in this eatement your account night .t! have a bouts. .Nur your p.yorant h remised Alto not, the the amount you owe rn•y differ if ma. entered into •'pond payment arrengemant 51...e of the number on the front of the demerit Int an w.d pyofe .rant Amu ran my adobe App0L ooR.ti (APR) donmei Tow APR my Mame or decease bad on pea of anon sbnded Indices reported In TM Was Saar huge To fed wed, index b nod for your .count look for a rode (P, 0 C. S, Ce or f) on the front of this er.tennan net to th APRs). Then dad the bib below. Cod. nat b your Annual Percentage Rah (APR) Index abet your robe a bawd on W Mn you Annual Paco•nla3e Rab wgl Change P I. C 5 Omegas Pena • nay. pe.l0dy Sodom, as en Cawtwfy LIBOR • margin p.healy dhecent to Yah Ouop..nry om ttely CO • margin uY maimed Pine • margin pmeooly dladove lo Yoe The fret day dim 3biting rd In eriod.y ) hay and October. D F 0 MOmhly Pees • naghpnslthdry dbdowd 10you MmAay UBOR • margo peawdy dada. to you 'freeway LIBOR • mega pwwwiway dadn.d to you The IMw5 of each mo day Ming period. An the Addllis LLftp.a.ocbtd with my aaount7 Yes, had . certain drmhnrbe0be, you may be auesed a ton or Returned Mame Fee. You my oho be assessed owatbnk fan H permitted by law. You WEI mho be required to pay el of our awe mlkodoh experms. atbmeylQeel rut roux cab tiniest the taw des not akow cat to road time amount. We ratans the right tont anon ten whine Mar notice and without wailing our riga to assess *sane M lea. What epp0t If my Atoml.tL.btmmdody W. my dose or suspend your account and your right to obhin creeht wary tine end for any renwh, even H you an not In dew% Amount.npanalan on be permanent or temporry. ef you account is dosed or suspended you must 1) stop using your edit card and amount 2) onod al atom* pyenalL 3) destroy M edit cards and amen dada. end 4)la/ all mounts you owe us, wen H they were charged alter the mount res dosed w suspended. WI 17 H ow do 1 M.65f!ffi.(m7 Paymenb you mad us l be credited to baa amount as of the bus:he,0 day we remhe then, as long n: 1) you send the bottom portion of this slatenwnt and your deck In the endord meas.. an.elopa, and 3) yet payment is reglad in Coital one() pracwdng cetera by Spm bol time. Nam .Oow a Int sewn (7) lou inea drys to. and Mary. Mated Pry mmt. recahod by Captbl One al awry debar location or In wry other time my not be reedited n of tM day they are mead. co you Process Papaw Cheeks n .n 005.00,10 w do 0000fe1/ When you prodder• date as payment, you edhmhe us and our agenb.ltla to um information horn your deck to maks a 000-tirne decnenicfnd aerobe bore your deposit mount or to preen the payment a. • dad barn ado,. When we wee Worm elm born your check heds *ace woy d Vaster, hod. may be wHhMde .wn from your peel aoent to men as reeve your metal and you ern net nob. your dad back from your financial bw00,0on. Your authodortion 100005.10.4 by the date on the coot We may eobmh and eNetrWNcaly raid Overarmed payment. What H 1 RM toe p.nlonM5Y7 N you our wddad to bena.vpt07 protection. this tom reunbtorn N for infwmdon only, It Is not an ettempl to co1Mel neve or mann • debt or dairn. Do not and us prymeab without spalmg MP your bankruptcy attorney or the 6.nkruptty Cant N you hen qualforn about you a0munt m ban0optcy proceeding, plena here your egorny Contact u. If you or your attorney would DL to Contact ow banboptcy dabas shim diecty, plane contact Capital One - PO Nos 30167-0enrnnd, VA 13235-5167 slum RN4wTS wMMMY (Doe Nol Appy h Sonat Bh.dn..n Aelnelb) What To Do H You Think You find A Wealth On VOW Slabnearm N you think there h arm en your eteernmt wan ifl Ys at Capital One P.O.3o 30135 Sall take Gay, UT 04130.0705 In your leetw, glee en t» following bfn.w.?ion: dosaitiLjn( : Your nano end amount number. • Dein amount Tha doter amount of the encoded error. • peoi.tion of Problem. If you think thaw ban error on yor bit describe what you benne h threw rod wry you berm II Is a mister. You mutt Contact us within 60 days alta the error app. d on your waanent You must natty us of wry potential sena IO.AalW4 Tro may WI us a potty us .kolm,kaly, but H you do we re not required to ineougate my potential wore end you may haw to pay the amount on geattiore- table the hart gate wham or rot them hat bash an n aur, lh• 100w105 w M. • We Menne by to collect the Amount in question. or report you n 4.9,00000100 the ...Mt • The charge In question may sten on your abetment and w. my continuo O deer rot A•s. e intend on the amount But H we dermka that no made le mistake, you will pay the mount In question or wry interest or other lea related to that move. - 001.4. you do not her b per the amount b question .not we lend you a notice about to outcome of our imntgetbn, you are n.pomide for the 'made of your beam,. Your Rights N You An Dlnatieled Wit. Your Cafe Card Purdue, H you re d.rbMd with the goods of Undoes the you hr. patent wth your dedit card and you haw tried In good htth to correct to problem with the merchant you may have deo eight not to at taw ,..mining amount duo do tM purdah. To oto thin raged el of the fallowing moat be bus 1. The perchers must have born mode in your home state or within 1e. miles of your apnm mallkrg address, and the puede. primmest hare been more then 550. (cote. Neter of Ane n o. mammy H pow purchase was lord on en adrwtaaned we mailed to you, or H ver own the company the said you the g••d, or ten/on.) 2. You must Sane usod your credit rand for the porde era. Peahen reds tate ode advents horn at AIM m with a dad the mama your oak mrd amount do not gddiy. 3. You must not you hon folly Pad fm tat. P.M.... N N O of the swim above we me and you are still doseishd with the pada.. contact tea K Capital One P.O. Bra 30735 Salt Lake Gay. UT 04130-0305 While we In eigate, the sane rote appy to the dnptd amount n dirund above. After we finish our botiga4on. we wit loll you our decision At that print If we think you ora en ornowe and you do not pay we may report you es delinquent Capital On. supports Mlormebbn perm protection: a on abate a www.certeree.mm Copibl Om I. • fede.Ry ..ghbnd fern. mark of Caplta Om Wanda Cmpmetlaw All rlghl reserved O 2010 Capital One To change or update your address please call 1-800-258-9319 or visit www.capitaione.com/sotutions TC•10 05/01/10 200727 Now that your account is 7 payments past due, the changes detailed below will apply to your account. Hopefully, these will make it easier for you to take control of your finances again. Your balance is still due and we'll contact you soon (directly or through a collection agency) to discuss options for resolving your debt. You are responsible for paying the full balance on your account as well as any associated collections expenses, attorney fees and court costs unless the law does not allow us to collect these amounts, as provided in your customer agreement. If we continue to send you statements, you'll now receive them quarterly instead of monthly. We may continue to report the status of your account to the credit bureaus, unless prohibited by law. We may also report when your account is paid off. Help is available. We understand that it can be challenging to manage your finances. Here are three important facts about your account that may help make it easier for you to repay your balance: 1) No more compound interest: This means that future interest charges will never accrue interest— making it easier to pay down your debt faster. 2) Highest interest balances are paid first: Your payments will go toward the balance with the highest interest rate first—automatically saving you money whenever you make a payment. 3) Regular payments will resolve your debt: Since your highest interest balances get paid first and your interest doesn't compound, making regular payments will get your balance paid. Call 1.800.258.9319 to discuss your options. And remember, you can check your balance and make payments online any time at www.capitalone.com/solutions. Help is available. Just pickup the phone. Call 1-800-258-9319 and a specially trained agent will be happy to help you check your balance, make a payment and answer any questions you may have. © 2010 Capital One. Capital Ont is a federally registered rervice mark. All rights reserved 01 4 Take control of your finances today! Call 1-800-258-9319 to get up-to-date information about your account and make payments. It's not too late. Call now to get started. capite VISA PLATINUM NEW BALANCE 53.006.31 Page 1 of 1 1-800.258.9319 www.capitalone.com/solutions PAYMENT DUE $3,006.31 4003.4425.8822-8851 DUE DATE Past Due Available Credit: $0.00 Previous Balance Payments and Credits $3,084.81 J — I S125.00 Fees Mar. 17 -Jun. 15, 2011 $0.00 IMPORTANT ACCOUNT UPDATES Your felt babnce is due. Any payment you make will reduce your balance and help pay off your debt faster. The amount you owe may differ if you've entered into a separate payment agreement Your account is enrolled in an interest waiver program. Interest Charged New Balance 1 + C $46.50 C S3,006.31 TRANSACTIONS PAYMENTS, CREDITS & ADJUSTMENTS FOR GARY L DOVE #8851 1 27 MAY PAYMENT 2 14 JUN PAYMENT (550.00) ($75.00) FEES INTEREST CHARGED I 16 APR INTEREST CHARGE 2 16 MAY INTEREST CHARGE 3 27 MAY INTEREST CHARGE Total Fees This Period Total Fees This Year Total Interest This Period Total Interest This Year $0.00 S0.00 $20.30 519.65 $6.55 $46.50 5104.75 Help is Available. Just pick up the phone. 011 1-800-258-9319 and a specially trained agent will be happy to help you check your balance and make payments. INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) Ng* annual Interest rate on your account Annual Percentage Balance Subject Type of Balance Rate (APR) to Interest Rate Inkrest Charge Interest Bearing 1 7.900% i $3,025.94 i $46.50 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONE.COM/SOLUTIONS TO MAKE YOUR PAYMENT ONUNE Account Number: Due Date New Balance Past Due J $3,006.31 GARY L DOVE 617 HOLLY CT DUNEDIN. FL 34698-7732 1 X8851 16 3006310000003006312 8851 Amount Enclosed Manage your account online. 2 Visit www.capitalone,com/solutions to manage your account online. Have information at your fingertips 24/7 without picking up the phone. Capital One Bank (USA), N.A. P.O. BOX 71083 CHARLOTTE, NC 28272-1083 .11111.15.11111'IIIII111111l11.1'I'II111,r4i1,1yr9111111.111 Please make checks payable to Capital One Bank (USA), NA. and mail with this coupon in the enclosed envelope. How is the Interest Charge applied} Interest charges accrue from the 1) date of the transaction, 2) date the transaction is processed ora) first calendar day of the billing period. Interest charges accrue on every unpaid amount until k is paid in full. However, we reserve the right to not assess interest charges at any time. How did you Calculate the Interest Charge/There are several calculations that are used to determine your total interest change. 1. To get your Daily Balance: 1) take the current balance from when your account charged -off. 2) For each day after, subtract the payments, credits, and adjustments as of that day. The resuh is the daily interest beating balance. 2. To find your Average Daily Interest Bearing Balance: 1) add the daily interest bearing balances together and 2) divide the sum by the number of days the interest rate was in effect. 3. Estimate your Total Interest Charge: 1) muhiply your average daily balance by the daily periodic rate and 2) multiply the result by the number of days the interest rate was In effect NOTE: Due to rounding, balance adjustments, or returned payments, this calculation may vary from the interest charge actually assessed. Is the x Payment Dae/ savoff Amoete? No. All stated amounts are owed on the date of the statement However, because Interest tate charges and other charges might change from day to day as provided in your customer agreement the amount due on the day you pay may be larger. For example, if you pay the amount stated in this statement your account might still have a balance after your payment is received. Also note that the amount you owe may differ if you0ve entered into a separate payment arrangement Please call the number on the front of the statement for an exact payoff amount. Are Nese Additional Fees associated with my account? Yes, under certain circumstan- ces, you may be assessed a Returned Payment Fee. You will also be required to pay us all of our actual collection expenses, attomeys0 fees and court costs unless the law does not allow us to collect Nese amounts. We reserve the right to not assess fees without prior notice and without waiving our right to assess a similar fee later. How do I Make Pa tarot s? Payments you mail to Capital One will be credited to your account as of the business day they are received, as long as: 1) you send the bottom portion of this statement and your check in the enclosed remittance envelope, and 2) your payment Is received In Capital OneOs processing centers by 5 pm local time. Please allow at least seven (7) business days for mail delivery. Mailed Payments received by Capital One at any other location or in arty other form may not be credited as of the day they are received. Do you Rows Paper Ueda as an f tectroni Funds Transfer? When you provide a check as payment you authorize us and our agents either to use information from your chedcto mate a one-time electronic fund transfer from your deposit account or to process the payment as a check transaction. When we use Information from your check to make an electronic fund transfer, funds may be withdrawn from your deposit account as soon as the same day we receive your payment and you will not receive your check back from your financial institution. Your authorization Is not limited by the date on the check We may resubmit and electronically collect the returned payments. What H t file for R H you are entitled to bankruptcy protection, this communia ation Is for information only, it is not an attempt to collect, assess or recover a debt or claim. Do not send us payments without speaking with your bankruptcy attorney or the Bankruptcy Court. If you have questions about your account or bankruptcy proceeding, please have your attorney contact us. if you or your attorney would like to contact our bankruptcy claims servicer directly. please contact Capital One 6 PO Box 30285 6 Salt Lake City, UT 84130-0285 BUNG RIGHTS SUMMARY (Does Not Apply to Small Business Accounts) What To Do IfYou Think You Find A Mistake On Your Statement: If you think there is an error on your statement, write to us at Capital One P.O. Box 30285 Salt Lake City, UT 84130-0285 In your letter, give us the following Information: • Account information: Your name and account number. • Dollar amount The dollar amount of the suspected error. • Description of Problem: Il you think there B 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. White 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 defnquem on that amount • You do not need to pay any disputed amounts and related interest charges or fees until we send you a notice about the outcome of our investigation. • The charge in question may remain on your statement and we may continue to charge you Interest on that amount But ft we determine that we made a mistake, you will not have to pay the amount in question or arty interest or other fees related to that amount. • While you do not have to pay the amount in question until we send you a notice about the outcome of our investigation. you are responsible for the remainder of your balance. Yost Rights11 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. You must have used your decd 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. 2. You must not yet have fully paid for the purchase If at of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at Capital One P.O. Box 30285 Salt take City, to 84130-0285 While we investigate, the same roles apply to the disputed amount as discussed above. After we finish our investigation, we wit 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. Capital One supports information privacy protection: see our website at www.capitaionemm Capital One is a federally registered service mad of Capital One Financial Corporation. All rights reserved ® 2011 Capital One To change or update your address please call 1-800-258-9319 or visit www.cap'rtalone.com/solutions 01 /Jr -Take control of your finances today! Call 1-800-258-9319 to get up-to-date information about your account and make payments. It's not too late. Call now to get started. Your account is being serviced by Capital One Services, LLC unless you've been notified otherwise. Please note, if your account is being serviced by a third party, then your call will be automatically routed to them. NOTICE: PLEASE SEE REVERSE SIDE FOR IMPORTANT INFORMATION VISA PLATINUM NEW BALANCE $2,901.56 Page 1 of 1 Customer Service 1-800-258-9318 www.capitalone.cont/solutions PAYMENT DUE $2,901.56 4003.4125.88224851 DUE DATE Past Due Available Credit: $0.00 Previous Balance Payments and Credits Fees Sep. 17 - Dec. 16, 2012 C52,901.56 J — I 50.00 ) '� I 50.00 IMPORTANT ACCOUNT UPDATES Your full balance is due. My payment you make vAl reduce your balance and help pay oft your debt fester. The amount you owe may differ t you're entered into a separate payment agreement Interest Charged ) t r $0.00 / New Balance l = I 52,901.56 ) (TRANSACTIONS PAYMENTS, CREDITS & ADJUSTMENTS FOR GARY L DOVE #8851 FEES INTEREST CHARGED TOTALS YEAR TO DATE Total Fees This Period Total Interest This Period Total Fees This Year Total Interest This Year $0.00 10.00 $0.00 50.00 Help is Available. Just pick up the phone. Call 1-800-258-9319 and a specially trained agent will be happy to help you check your balance and make payments. INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Typeof Balance Annual Percentage Balance Subject Interest Cha rge Rate (APR) to Interest Rate Non -Interest Bearing I 0.000% I 52,901.56 I 50.00 PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO WWW.CAPITALONE.COWSOLUTIONS TO MAKE YOUR PAYMENT ONLINE 1 8851 16 2901560000002901568 C Account Number: '851 Due Date New Balance Amount Endosed Past Due $2,901.56 .4 GARY L DOVE 315 CHARLES RD MECHANICSBURG, PA 17050-3004 Manage your account online. Visit www.capitalone.com/solutions to manage your account online. Have information at your fingertips 24/7 without picking up the phone. Capital One Bank (USA), N.A. P.O. BOX 71083 CHARLOTTE, NC 28272-1083 '11111"14111,111111111111.1+1.11111"thiqq"11.11"111 Please make checks payable to Capital One Bank (USA), NA. and mail with this coupon in the enclosed envelope. Now b 303. applied/ Mono chargesDao from the I) date d t e *road. 2) date the tomato is power ,ed 0 3) hat (Amide day d the Ming period. Intim 331030 .1000 0 00330 unpaid .mews 01101 h N fold 0 ml. However, we reNm the 4331 to not mess interest 31390. 01 arty Ont. New dM yes 3&310.003,. Wept Our. There o, several caiwMbm 0585 are used In 111[300. 3a0twi1Mm00hag0. 1. TO get your OWN 80en0: t) Son with tee ammo 38330.3308 when your moue toogedcfl. 2) for ado1000300,suMad0hepayn.nr5 MIAs, and edyrmen0n tithe Noy. 711010 remit daily *Dom2.)03.11 paAweage Wilya3ereR' ening 300001)gk dodgy 00weibbmnn9lasnmt 0090103 and 1} 1150110 the sum by 0330 number d days the interest 304 was in erect. Eftmabey03T03T Irwin (330,911) Multiply$903.90 deity Wand by the daily pelota rote and 2) multiply the molt by the 30100 d deysdNOtcest abwas in •fled, NOTE: Due to round.. hobo.. 'Ostrom 3 meld poymerm, 11010 30X&034 0033 0X33 3300 the 000001 (barge.10310 assessed. is OR Porno Dw.Po oypgy No. Al x00.31013060 Ore owed on 3303atedthe statement. beam MD., 1!0 313.39.0 0331 031103 dirges 10593103.00933 from day to day 00 provided n you 00033803 09030X04 t.0 amour due on the 3100 you pay map 4 )093. f3 ample. 8 poo pay the +8031 Nosed in Olds 800bment 980.0.000origin 019 38.0 Whoa atm you 3030013 Ueo8N0d. Mo 10133Meths 0330 000 owem.9M. 11)03.03.00,3831 W* .0!73.80 p0ym0t.angeraem PtoseaO the 010000 0 de/rowdtlN nem. f3 an nut 00011.10010 M Uo.e 811110031(tut xe.dater 0Rh 0900080831 Yo., under .3100 aimmt0cn, 33033 may M assessed 0 Retuned Pep*. fee. You wll also h requved m p03 us all d OUT actual 0313301108 3300005 amt. tees and mud 0008 odes do )w don n0 Dime o0 to collet 93.00 080808, We mase 110 QM so me xt3s 010 what price ned3 and .00.01 waMni ow rift m totems s 033.00 Mthe.. Now 303 9yd32 Payments you mOEtoCatgut Ow 1100010100/1 myour .01003 as of t. buskins 11001309 3000 weird. x 10g 08 1)900 004 the930003 pmwrr d this Ratan. and your checkn t. enclosed1100300 envelope. and 2) Your poymem) auioed X 601)1 On®Orarnin9 ureas 333 5 pm bol One. Meese alar 01x0 000801 (7) laminas 3109,1 .08.03110.039, Maid Perron received by Capital One 0 any other bon. 3 is 0Y other lean may n3 M credited.* dept 00 000003.11. Do 900 Proms Pep. Clods 00 an 3 Who, )our pro. a dock x P00mem, Pout 0.1.130 ,, and 03 .gem 3q3 m 000 1.100010. horn your cab to 1330 0 0 030 31.000018 mrd 00113 3033 9003 deposit mount 3 m alum the payment as a 1106 000110. when 080u0eidoma0on333300dse6m 10..00 eeeoo turd 803,,.)0111, maple withdrawn Stam yaw deposit mourn as 0103 x to 0008 day we 300000 000110Yaa0 and you Minot 0 00 0000 your check hull Rom your 63.380 IxmA3n, Your authorization is ,30 )40.31 by the date 10111011011 We may resubmit el.0rorl309y 109000 the retooled foymem0. 08380 M 1 RX M yp3 T 3 you art 000.31 to bamupry 7 0019ma 4.. cae3wr301.0 is l3 hloro.0Gm MOM. not an 3.1000001. 3q Q300 3 30003 a 3010300 tees Do not omni w payments gsuk*g 033 300 hnkrtOtq 0100109 3 the 10100903 Cast 0330 have questions 060.3330 030033 a3 bankruptcy 933004333, please have 3330 0301380 menet 0t 133033 3300 attorney *odd like m contact our bookn05y 0330.0 0.048001300•, please MUM Capital One,. POI,, 302115, See lake Ory, O 730130.0285 IWNGM0IIT5StlMMANY f0oes0onAmer m Sw98uommsAcmoo1d M7w0T.b>NYOu Think YO. Fled A M33003800,30w 5bhmmt 930003303 ewe is 010300 your antemmt 0340000, M (4y40Qo P.0.3,,30235,50333031. Qty. 1)734130.0205 In 301311010. give n me following information: • Account I3003038:Yme name and lcmum number. • War d d3. suspected 03. •)kmINta3$Po,b40r 90 th0tdro.is an 0m00youraR describe who you 66..4 03104.0 why 9006084.033. a 0 ok. You mm coma us widen 60 days after the 310 appealed m your 3m0eme0 You end notify us el my pAenwl errors gm= You may 001 u0 3 n0t4y us el0tmtlnly, but 3 you do 080 ars not aWmd m investigate any potential errors 0d y0 may ham t0 pay the mom in questionWe veil nobly you Ru withal 30 days 0 os. Receipt d p0. ham.. WAD. im'mgam whether 3 not them has bee an ena dtelot noing Nett. • We cannot by to mho the amount In question, re report you as delinquent on dot amount • The charge in question my remain on your Ratenwnt and we myante. to 409. you X00300 on the amour. But l we determine the we made a iodate you will not 3310 to pay Re mo oo inqueston or 00y 53010 or odic Des related (etut0mour. • Wide you do not here to pay the amour in m o dO ural we send you a notice about the outcome of our Invengaton, you me responsible for the remainder el your beano. 0 We on appal an unfold amount against your credit limit Within 90 *sear reale we w0 send you a mitten nonce a 5 g tee the we combed the maim appear* your rent stetemen0 0 the moons we berrew me ball3 coma a Yew Wm NY. Aso 0380.1X31 With Yr. Cre to Cour pWdsgx. If you are dlssxbfied with thepoodl oramvicesdutyou havepudwsed with y000ed1300, *dem havenfwt:n pond faith to coma the problem with madam, you may have MON* n0 *pa'Nen 000338 sm. thee en the numbs.. To Welds Ogle the loi10wttg mere beanie 1)You must lave used your credit rod tor the outdraws Noduses made with cash adw3mfron an ATM owah a deck that accesses your cede buda83mda rut gwNy:end 2} You mann Mime inky paid fregopurdvse t M d the arida abr.. me and you as OR asne3P d web the purchase. cornett us Iptlgjm.et Capital One. P.O. B,, 30205. Salt eke City, UT 30034-0285 WNDweim0303tethe Dr* roles o ymthe dux. erne. as dowsed above... welted out In3Wigetice, wevel tell you 0u 3edsmn.A1 that pent Itwedirk you owe an amount end you do not pay we may report you 00/114303033 W38 Is .p3o, ar> Your mount abeigg serviced by Coital Coe Seniors,LLC unless yws000 been notified Mem. pose nate Wymuan:mem hh4ng serdad by Wel pony. ahs made to Caribi One 1a3m etioNy be muted mi.. Mete mod tool Obdo,wn. dyer) rm. the 000800100Connecticut the 0510100 Columbia, lova, New Yoh City, or Noor Cud., end 0003 stamps involves a dee Owed primarily l3 personal, burly. household or oW., meta. purposes), 0 f ramed0.to snMnm[0Vennom inspects* atthe *me et t0 debt emulate{ with your Adman, the (30.391133x0e b required Mem n mai Dm This s.. MONO b 08330 a (*mewed dsbtWdeld. Mrh om0b. obtained X01 M used for W00 peeps*. The Iebn39dsduur s regied by we sou M sae Ancon M.S. a den owed pd.Wy ten personal, family. household 3.3303 consume mewls) and 908 teem ND lean in Iowa: This 1010,313000 o from • debt eilm00. The lobe. dsdamn 0 reigned by 100 taw C f0 amw 041 more motion n 3enrnam: ThN collodion ege.Y8 lined by the Mine.,.. Deprs.at 00 Common. The following dsdomw. is required by Dab kw if your Account involves debt awed pmnady f3 peacoat, family, h0s.hd0os40000000 .p,poseb) and y0 receive the biotin Masom3enms: NONCE OF IMPORTANT MCi00 YOU NAVE TIM RIGHT TO AWE WRITTEN OR DULL REQUEST THATTELEPNONE GMS REGARDING YOUR DERE NOT IM MADE TO YOU AT Y0119 MACE ON (103000MEM. ANY DNCN ORAL REQUEST WNL RE VAUD 8811 ONLY TEN DAYS UNLESS YOU PROVIDE WRITTEN CONFIRMATION Of THE REQUEST EOSTMAMMD OR [MUDDED twat 0EV01 OATS Of 0300 REQUEST. YOU MAYTERMtM,TETND REQUEST IY WRITING MINE CREDITOR. This not a complete list el Me tights the yeu might ham. The terms above 0 this Semen 300 Mined by appleable 0010 or QM Nomura 15 USC 16920(69E10nd O) d the fair Debt COM. Pra0OaAct, Capital onedrlem0. MC Is nee a deb admix under federal bw. Capitol One supper. Dionne. Macy nM Ohoo3. set o3 Imbue a0 immemphknemm 02012 Capital One. Capita One isa lederatyregist3M soaks mart NI fluid mored. OV13332 To change or update your address please call 1400-258-9319 or visit www.capitalone.com/solutions ABSOLUTE RESOLUTIONS VI, LLC. : COURT OF COMMON PLEAS 6602 El Cajon Boulevard, Suite 200 : CUMBERLAND COUNTY, Whippany, NJ 07981 : PENNSYLVANIA Plaintiff : CIVIL ACTION -LAW : No.: 14-3924 vs. GARY L. DOVE 315 Charles Rd. Mechanicsburg, PA Defendant CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of Plaintiff's Complaint on the date indicated below to all parties or their attorneys of record by: X regular first class mail certified mail other DATE: PRESSLE1. and 'i SSLER, LLP BY: FAN,CI'S X. GRIMES, ESQUI Attor}ey for Plaintiff ABSOLUTE RESOLUTIONS VI, LLC, : COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No: 2014-3924 GARY L. DOVE, CIVIL ACTION - LAW Defendant NOTICE TO PLEAD To: Absolute Resolutions VI, LLC c/o Francis X. Grimes, Esquire Pressler and Pressler, LLP 7 Entin Road Parsippany, NJ 07054-5020 You are hereby notified to plead to the enclosed Preliminary Objections within twenty (20) days from the date of service hereof or a default judgment may be entered against you. Respectfully Submitted, Date: 8 oto 2gd Michael Pykosh, Esquire I.D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant (7) C- M _ -<2' q C ;z E, Michael J. Pykosh, Esquire ID#58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 mpvkosh6W plglaw,com Attorney for Defendant ABSOLUTE RESOLUTIONS VI, LLC, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No: 2014-3924 GARY L. DOVE, CIVIL ACTION - LAW Defendant DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Gary L. Dove, by and through his attorneys Dethlefs-Pykosh Law Group, LLC, by Michael J. Pykosh, Esquire, who files his Preliminary Objections to the Plaintiff's Complaint, and avers as follows: 1. Plaintiff filed suit against Defendant alleging that Defendant owes money to Plaintiff arising out of an account issued by Capital One Bank (USA), NA, of which Plaintiff claims to have purchased this account and now owns it. Comp. ¶ 3. 2. The Complaint was filed on July 28, 2014. First Preliminary Objection - Pa. R.C.P. 1028(a)(2) Failure to Conform to Law or Rule of Court 3. The Complaint avers the existence of some type of contract pertaining to a credit card between the parties. 4. Pursuant to Pa. R.C.P. 1019(h), where a claim asserted is based upon an agreement, the pleading must state whether the agreement is oral or written. 5. Pursuant to Pa. R.C.P. 1019(i), if the agreement is written, it must be attached to the pleading or, if not, the pleader must explain its absence and set forth the substance of the agreement. More specifically, Plaintiff has failed to attach the entire original Loan/Credit Agreement and periodic mailings to the original Loan/Credit Agreement, including amended terms and conditions applicable to the Loan/Credit Agreement. Asset Acceptance, LLC v Margaret Madden dated March 18, 2009, No. 2912 of 2008 GD (Fayette County 2009) citing Atlantic Credit & Finance, Inc. v Guiliana, 829 A.2d 340 (Pa. Super. 2003). Plaintiff has also failed to attach "other" periodic mailings detailing changes to the terms and conditions applicable to the Loan/Credit Agreement. Remit Corporation v Miller, 5 Pa. D&C 5th 43, 45 (Centre Count, 2008). Plaintiff attached a purported Cardmember Agreement. Said Agreement does not include all of the terms concerning the account in question. Second Preliminary Objection - Pa. R.C.P. 1028(a)(2) Failure to Conform to Law or Rule of Court 6. Pursuant to Pa. R.C.P. 1028(a)(2), a party may file a Preliminary Objection based upon the failure of a pleading to conform to law or rule of court or inclusion of scandalous or impertinent matter. 7. Plaintiff's Complaint is based upon a contract. 8. Plaintiff asserts a cause of action based upon an account stated theory of recovery. 9. An account stated theory of recovery is not applicable in credit card cases. Capital One Bank (USA) NA v Cleverstine 7 Pa. D&C 5th (Ct. Com. Pl. Centre County 2009). JMMM PC Company v Patricia Stillwagon 2011 Pa. D&C Dec. Lexis 24 (Luzerne County). 10.Plaintiff in pleading account stated cause of action is not permitted to escape pleading requirements otherwise applicable. CitiBank (South Dakota, N.A.) v Xenofon Skaboulos 2009 No. 09-8676 (Cumberland County). CitiBank (South Dakota, N.A.) v Heather B. Wadas 2012 No. 2012-1705 (Cumberland County). Third Preliminary Objection - Pa. R.C.P. No. 1028(a)(3) Insufficient Specificity in a Pleading 11.The Complaint contains only a general assertion of the amount the Plaintiff claims is owed by the Defendant. The Complaint provided no detail as to the date(s) on which the debt(s) were incurred, the amount(s) incurred on each date(s), the date(s) or amount(s) of payments, or date(s) of accrual and amount(s) of interest charge(s) and other fee(s). 12.Pa. R.C.P. No. 1019 and Pa. R.C.P. 1028(a)(3) require that the above detail be included in a Complaint of this type. 13.By not including the requisite detail of the account, the Complaint fails to conform to an express rule of Court. 14.By not including the requisite detail of the account, the Plaintiff has insufficiently pled its accounted stated cause of action. See Arrow Financial Services LLC v. Witmer No. 59 Cumb. L.J. 154 (Pa. Com. PI. Cumberland County 2010). Fourth Preliminary Objection - Pa. R.C.P. No. 1028(a)(4) Demurrer to Court 15.The Plaintiff has failed to allege facts sufficient to maintain a cause of action for Breach of Contract and Account Stated WHEREFORE, the Defendant respectfully requests that her Preliminary Objections be sustained, and that Plaintiff's Complaint be dismissed with prejudice. Respectfully Submitted, r Date: �� o Michael J. Pykosh, Esquire I.D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717)975-9446 Attorney for Defendant Michael J. Pykosh, Esquire ID#58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 mpykosh dpl4law,com Attorney for Defendant ABSOLUTE RESOLUTIONS VI, LLC, : COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No: 2014-3924 GARY L. DOVE, CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendant's Preliminary Objections to Plaintiff's Complaint, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Absolute Resolutions VI, LLC c/o Francis X. Grimes, Esquire Pressler and Pressler, LLP 7 Entin Road Parsippany, NJ 07054-5020 Respectfully Submitted, Date: t <�- Michael J. Pykosh, Esquire I.D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABSOLUTE RESOLUTIONS VI, LLC vs. GAY L. DOVE : No:2014-3924 PLAINTIFF'S RESPONSE IN OPPOSITION TO DEFENDANT'S PRELIMINARY OBJECTIONS C.) 1. Denied as stated. Plaintiffs Complaint is in writing and speaks for itself 2. Admitted. 3. Denied as stated. Plaintiff s Complaint is in writing and speaks for itself. 4. Denied as stated and as a conclusion of law to which no response is required. Byway'of further response, Plaintiff s Complaint attaches and incorporates therein as an Exhibit the written Agreement. 5. Denied as stated and as a conclusion of law to which no response is required. By way of further response, Plaintiff's Complaint attaches and incorporates therein as an Exhibit the written Agreement. 6. Denied as stated and as a conclusion of law to which no response is required. 7. Denied as stated. Plaintiff Complaint and attached Exhibits are in writing and speak for themselves. 8. Admitted. 9. Denied as a conclusion of law to which no response is required. 10. Denied as stated and as a conclusion of law to which no response is required. By way of further response, Plaintiffs Complaint and attached Exhibits are in writing and speak for themselves and Plaintiff is not required to plead evidence. 11. Denied as stated and as a conclusion of law to which no response is required. By way of further response, Plaintiff s Complaint and attached Exhibits are in writing and speak for themselves and Plaintiff is not required to plead evidence. American Express Bank, FSB v Hench, 2009 No. 09-7570 (Cumberland County). 12. Denied as stated and as a conclusion of law to which no response is further response, Plaintiff's Complaint and attached Exhibits are in writing themselves and Plaintiff is not required to plead evidence. 13. Denied as stated and as a conclusion of law to which no response is further response, Plaintiff's Complaint and attached Exhibits are in writing themselves and Plaintiff is not required to plead evidence. 14. Denied as stated and as a conclusion of law to which no response is further response, Plaintiff's Complaint and attached Exhibits are in writing themselves and Plaintiff is not required to plead evidence. 15. Denied as stated and as a conclusion of law to which no response is required. By way of further response, Plaintiff's Complaint and attached Exhibits are in writing and speak for themselves and Plaintiff is not required to plead evidence. WHEREFORE, Plaintiff, Absolute Resolutions VI, LLC, respectfully request this Court to enter the accompanying Order over -ruling Defendant's Preliminary Objections. required. By way of and speak for required. By way of and speak for required. By way of and speak for Dated h/ RANCIS X. Attorney for Plain SQUIRE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABSOLUTE RESOLUTIONS VI, LLC vs. GAY L. DOVE : No: 2014-3924 CERTIFICATE OF SERVICE I, Francis X. Grimes, Esquire, attorney for Plaintiff, hereby certify on the date set forth below, that I served a true and correct copy of Plaintiff's Response and Memorandum of Law in Opposition to Defendant's Preliminary Objections upon the Defendant or their attorney of record, by first class pre -paid mail. Date: ancis X. Grime , ttorney for Plainti fi 01 /I PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE' • (entire caption must be stated in full) ABSOLUTE RESOLUTIONS VI, LLC vs. :'7 GARY L. DOVE No. 3924 2014 Term' 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections to Plaintiffs Complaint 2. Identify all counsel who will argue cases: (a) for plaintiffs: Francis X. Grimes, Esquire, 804 West Avenue, Jenkintown, PA 19046 (Name and Address) (b) for defendants: Michael J. Pykosh, Esquire, 2132 Market Street, Camp Hill, PA 17011 (Name and Address) 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: February 6, 2015 Date: INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted ignature Francis X. Grime's squire Print your name Attorney for Plaintiff Gr: C— a auk,* .5 PRESSLER and PRESSLER, LLP By: FRANCIS X. GRIMES, ESQUIRE ID No.: 62404 804 West Avenue Jenkintown, PA 19046 (215)576-1900 Attorney for Plaintiff ABSOLUTE RESOLUTIONS VI, LLC : COURT OF COMMON PLEAS : CUMBERLAND COUNTY Plaintiff : CIVIL ACTION -LAW v. : No.: 14-3924 GARY L. DOVE Defendant CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of Plaintiffs Praecipe for Listing Case for Argument on the date indicated below to all parties or their attorneys of record. by: X regular first class mail certified mail other DATED: PRESSLER and PRESSLER, LLP BY: &bit* RANCIS X. (GRI V , ESQUIRE Attorney for Plaints f