CAPITAL ONE, N.A. v. RACHEL M ROURKE AKA RACHEL MARIE ROURKE

IN THE DISTRICT COURT IN AND FOR OKLAHOMA COUNTY, OKLAHOMA CASE NO. DIVISION: CAPITAL ONE, N.A., Plaintiff, Vs. RACHEL M ROURKE AKA RACHEL MARIE ROURKE Defendant(s) PETITION The Plaintiff, CAPITAL ONE, N.A., (hereinafter “Plaintiff”) sues the Defendant(s), RACHEL M ROURKE AKA RACHEL MARIE ROURKE (hereinafter “Defendant(s)”) and says: 1. Capital One, N.A. is a national bank headquartered in McLean, VA. 2. Plaintiff, by and through counsel, under penalty of perjury, has been able to determine that the Defendant(s), RACHEL M ROURKE AKA RACHEL MARIE ROURKE, is/are not on active duty and has/have not been on active duty for the past three hundred sixty-seven (367) days as of the date of this Affidavit. A copy of the DMDC Certificates in support of this statement are attached hereto, made a part hereof, and marked Exhibit A. BREACH OF CONTRACT 3. This action is based upon a Credit Account Agreement entered into by the Defendant(s) with the Plaintiff. 4. The Defendant(s) used or authorized the use of the Account to incur charges, or receive cash advances, or kept the Account open for future use, and by such action assumed the obligations of the terms and conditions of the Account. (A record of the governing terms and conditions of the Credit Account Agreement are attached and incorporated as Exhibit B). 5. Plaintiff relies upon the choice of law provision contained in the subject agreement attached hereto as the substantive governing law. 6. A record of the account statement is attached. See Exhibit C. 7. The Defendant(s) subsequently defaulted on the terms and conditions of the Account and the Plaintiff accelerated the full balance due and owing on the Account. 8. The Defendant(s) owes the Plaintiff $13,054.77. 9. Plaintiff has performed all conditions precedent to bringing this action, or the same have been waived by the Defendant(s). Wherefore, Plaintiff demands judgment in the amount of $13,054.77 against Defendant(s), and court costs to the extent permitted by applicable law. ZWICKER & ASSOCIATES, P.C. CAMILLE EDMISON, ESQ. OKLAHOMA BAR #35350 ZWICKER & ASSOCIATES, P.C. A Law Firm Engaged in Debt Collection 400 WEST CAPITOL AVE SUITE 1700 LITTLE ROCK, AR 72201 (800)397-6589 [email protected] Attorney for Plaintiff EXHIBIT A ఎంజె Status Report Pursuant to Servicemembers Civil Relief Act SSN: [REDACTED] Birth Date: [REDACTED] Last Name: ROURKE First Name: RACHEL Middle Name: M Status As Of: Jan-23-2026 Certificate ID: CGF85RM6QQLXLQS On Active Duty On Active Duty Status Date <table> <tr> <th>Active Duty Start Date</th> <th>Active Duty End Date</th> <th>Status</th> <th>Service Component</th> </tr> <tr> <td>NA</td> <td>NA</td> <td>No</td> <td>NA</td> </tr> </table> This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date <table> <tr> <th>Active Duty Start Date</th> <th>Active Duty End Date</th> <th>Status</th> <th>Service Component</th> </tr> <tr> <td>NA</td> <td>NA</td> <td>No</td> <td>NA</td> </tr> </table> This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date <table> <tr> <th>Order Notification Start Date</th> <th>Order Notification End Date</th> <th>Status</th> <th>Service Component</th> </tr> <tr> <td>NA</td> <td>NA</td> <td>No</td> <td>NA</td> </tr> </table> This response reflects whether the individual or his/her unit has received early notification to report for active duty. Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, Space Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formerly known as the Soldiers’ and Sailors’ Civil Relief Act of 1940). DMDC has issued hundreds of thousands of “does not possess any information indicating that the individual is currently on active duty” responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person’s status by contacting that person’s Service. Service contact information can be found on the SCRA website’s FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/scra/#/faqs. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 3921(c). This response reflects the following information: (1) The individual’s Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. EXHIBIT B Credit Card Agreement for REI Co-op Mastercard® Cards in Capital One, N.A. There are two parts to this Credit Card Agreement: Capital One Pricing Information and the Capital One Customer Agreement. The Pricing Information shows a range of terms that includes both mail and online offers for new accounts available under this Agreement as of September 30, 2022. The combination of terms that could apply to you will differ depending on the specific card offer and on your creditworthiness at the time of application. Not all offers will contain introductory rates. The Customer Agreement contains important information related to consumer credit cards issued by Capital One, N.A. Please visit www.capitalone.com to view our online credit card offers. If you are a current Capital One cardholder, please log in to your account if you would like to request the Credit Card Agreement for your account(s). Annual Percentage Rate <table> <tr> <th>Annual Percentage Rate (APR) for Purchases</th> <td><b>15.49% - 26.49%</b>.</td> </tr> <tr> <td></td> <td>This APR will vary with the market based on the Prime Rate.</td> </tr> <tr> <th>APR for Balance Transfers</th> <td><b>15.49% - 26.49%</b>.</td> </tr> <tr> <td></td> <td>This APR will vary with the market based on the Prime Rate.</td> </tr> <tr> <th>APR for Cash Advances</th> <td><b>26.49%</b>.</td> </tr> <tr> <td></td> <td>This APR will vary with the market based on the Prime Rate.</td> </tr> <tr> <th>Paying Interest</th> <td>Your due date is at least 25 days after the close of each billing cycle. We will not charge you interest on new purchases, provided you have paid your previous balance in full by the due date each month. We will begin charging interest on cash advances and transfers on the transaction date.</td> </tr> <tr> <th>For Credit Card Tips from the Consumer Financial Protection Bureau</th> <td>To learn more about factors to consider when applying for or using a credit card, visit the website of the Consumer Financial Protection Bureau at http://www.consumerfinance.gov/learnmore.</td> </tr> </table> Fees <table> <tr> <th>Annual Fee</th> <td>None.</td> </tr> <tr> <th>Transaction Fees</th> <td></td> </tr> <tr> <td>• Balance Transfer</td> <td>3% of the amount of each transferred balance that posts to your account at a promotional APR that we may offer you.<br>None for balances transferred at the Balance Transfer APR.</td> </tr> <tr> <td>• Cash Advance</td> <td>Either $10 or 3% of the amount of each cash advance, whichever is greater.</td> </tr> <tr> <th>Penalty Fees</th> <td></td> </tr> <tr> <td>• Late Payment</td> <td>Up to $40.</td> </tr> </table> How Do You Calculate My Balance? We use a method called “average daily balance (including new transactions).” See “How Do You Calculate The Interest Charge?” section below. What Are My Billing Rights? Information on your rights to dispute transactions and how to exercise those rights is provided in “Your Billing Rights Summary” on your Statement and other Truth-in-Lending Disclosures. THINGS YOU SHOULD KNOW ABOUT THIS CARD How Do You Calculate My Variable Rates? Your variable rates may change when the Prime Rate changes. We calculate variable rates by adding a percentage to the Prime Rate published in The Wall Street Journal on the 25th day of December, March, June and September. If the Journal is not published on that day, then see the immediately preceding edition. Variable rates will be updated quarterly and will take effect on the first day of your Billing Cycle which begins in January, April, July and October: Purchase APR: Prime plus 10.74% - 21.74%; Balance Transfer APR: Prime plus 10.74% - 21.74%; Cash Advance APR: Prime plus 10.74% - 21.74%. Any increase in the Prime Rate may increase your Interest Charges and your Minimum Payment. What Are The Daily Periodic Rates Used To Calculate My Interest? The daily periodic rate for your Purchase APR is 0.04244% - 0.07258%; Balance Transfer APR is 0.04244% - 0.07258%; and Cash Advance APR is 0.04244% - 0.07258%. See the “How Do You Calculate The Interest Charge?” section. How Do You Calculate The Interest Charge? We use a method called Average Daily Balance (including new transactions). Under this method, we first calculate your daily balance; for each Credit Plan, we 1) take the beginning balance and add in new transactions and the periodic interest charge on the previous day’s balance, then 2) subtract any payments and credits for that Credit Plan as of that day. The result is the daily balance for each Credit Plan. However, if you paid your previous month’s nonpromotional purchases balance in full (or if your balance was zero or a credit amount), new transactions which post to your purchase or special purchase Credit Plans are not added to the daily balances. Also, transactions subject to a grace period are not added to the daily balances. Next, to find your Average Daily Balance we 1) add the daily balances together for each Credit Plan, and 2) divide the sum by the number of days in the Billing Cycle. At the end of each Billing Cycle, we determine your Interest Charge as follows: 1) multiply your Average Daily Balance by the daily periodic rate (APR divided by 365) for each Credit Plan and 2) multiply the result by the number of days in the billing period. We add the Interest Charges for all Credit Plans together. The result is your total Interest Charge for the Billing Cycle. NOTE: Due to rounding or a minimum interest charge, this calculation may vary from the interest charge actually assessed. Capital One Customer Agreement Welcome to Capital One This Customer Agreement, including any changes to it ("Agreement"), contains the terms of your agreement with Capital One. Definitions The meanings of the terms you see in italics appear in the Glossary section at the end of this Agreement. As used here, “you” and “your” mean each applicant and co-applicant for the Account; any person responsible for paying the Account; and any person responsible for complying with this Agreement. “We,” “us,” “our,” and “Capital One” mean Capital One, National Association; and its agents, authorized representatives, successors, and assignees. Account Documents The following documents govern your Account with us: (1) this Agreement; (2) all Statements; (3) any privacy notices; (4) your Card benefits brochure which describes benefits provided by the Payment Card Network for your Account; (5) all disclosures and materials provided to you before or when you opened your Account; (6) any other documents and disclosures relating to your Account, including those provided online; and (7) any future changes we make to any of the above. Please read these carefully and keep them for future reference. New Offers In the future, we may provide you with new offers that we think may interest you. The terms of these offers may differ from the standard terms on your Account. This Agreement will still apply. Account Information We need information about you to manage your Account. This includes: (1) your legal name; (2) a valid U.S. mailing address and residential address (if different); (3) your date of birth; (4) your Social Security number or other government identification number; (5) your telephone number(s); and (6) your employment and income information. You must tell us when this information changes. We may ask you for additional documents to verify any changes. We may restrict or close your Account if we cannot verify your information, or if you do not provide it as requested. Your Revolving Credit Line and Spending We will tell you your initial revolving credit line when you open your Account. We may increase or decrease your revolving credit line at any time without prior notice to you, unless notice is required by law, and we may limit or take away the credit available for Cash Advances. You can find your current revolving credit line on your Statement. We may not authorize transactions in excess of your revolving credit line. We may consider each transaction that may cause you to exceed your revolving credit line based on several factors, including your performance on this Account and other credit accounts you have with us and your performance with other creditors. If we do authorize transactions in excess of your revolving credit line, they will be subject to this Agreement. They will not result in an increase of your revolving credit line. Using Your Account (1) This Agreement applies whether or not you use your Card or Account. It will continue to apply even after your Account is closed, as long as you have a balance. (2) You must sign the Card immediately when you receive it. (3) You must return the Card to us or destroy it if we ask you to. (4) You must take reasonable steps to prevent the unauthorized use of your Card, Access Checks and Account. (5) We may decline to authorize a transaction for any reason. This may occur even if the transaction would not cause you to go over your revolving credit line or your Account is not in default. (6) We are not responsible for any losses you incur if we do not authorize a transaction. (7) We are not responsible for any losses you incur if anyone refuses to accept your Card for any reason. (8) Unless we tell you otherwise, we will bill each transaction to the applicable Credit Plan of your Account. We will apply it against your available credit for that Credit Plan. (9) You must not use, or try to use, the Card for any illegal activity. You are responsible for any charges if you do. (10) We are not liable for any losses that may result when our services are unavailable due to reasons beyond our control. (11) You may use your Account for purchases anywhere Mastercard is accepted, and you may obtain Cash Advances and Transfers as permitted for your Account. You may not use these to pay any amount you owe us or any other company in the Capital One organization. Rewards Your Account may provide you with the opportunity to earn rewards. If it does, information and terms about the rewards will be provided separately. Promotional Credit Plans From time to time, we may offer one or more promotional Credit Plans prior to, or at the time of, your purchase. Only certain purchases may be eligible for promotional Credit Plans. These Credit Plans may have special repayment terms and are conditioned on your timely payment of at least the required payment amount each Billing Cycle. 1. Waived Interest Charge — With this offer there are no Interest Charges on your purchases for a specified period. 2. Reduced Rate — With this offer, you will receive a reduced Annual Percentage Rate (APR) on your purchase for a specified period. Using a PIN We may give you a personal identification number (PIN). For security reasons, you may have to provide the PIN before you are able to use your Card. Keep your PIN secure. Do not write it down, give it to anyone, or keep it with your Card. If you lose your Card or believe the confidentiality of your PIN has been compromised for any reason, you must contact Customer Service immediately. Authorized Users If you ask us to issue a Card to any other person, they are an Authorized User. We may require certain information about them. We may limit their ability to use your Card. They may have access to certain information about your Account. You will be responsible for their use of the Account and anyone else they allow to use your Account, even if you did not want, or agree to, that use. Removing an Authorized User If you want to remove an Authorized User from your Account, you must contact Customer Service and request their removal. You also must immediately destroy all Cards in their possession and cancel any arrangements they may have set up on your Account. They will be able to use your Account until you have notified us that you are removing them from your Account. During this time, you will still be responsible for all amounts they charge to your Account. You will be responsible even if these amounts do not appear on your Account until later. Authorized Users may remove themselves from your Account upon request. We reserve the right to remove them from your Account for any reason. To remove them from your Account, we may close your existing Account and issue a new Card with a new Account number. Your Promise to Pay You promise 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. We will treat transactions made without presenting your actual Card (such as for mail, telephone, Internet, or mobile device purchases) the same 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. Statements We will generally send, or make available to you, one Statement for all Cards on your Account at the end of each Billing Cycle. Under certain circumstances, the law may not require us to send, or make available to you, a Statement, or may prohibit us from doing so. Disputed Transactions You must inspect each Statement you receive. Tell us about any errors or questions you have, as described in the “Billing Rights Summary” on your Statement and other Truth-in-Lending Disclosures. If you do not notify us of an error, we will assume that all information on the Statement is correct. If we credit your Account for all or part of a disputed transaction, you give us all of your rights against others regarding that transaction. You will also: (1) give us any information about the disputed transaction, if we ask; (2) not pursue any claim or reimbursement of the transaction amount from the merchant or any other person; and (3) help us get reimbursement from others. No Warranties We are not responsible for any claim you may have regarding the purchase of goods or services made with your Card beyond your rights described in the “Billing Rights Summary” on your Statement. Lost or Stolen Card If your Card is lost or stolen or if you think someone else may be using your Card or Account number without your permission, you must contact Customer Service immediately. You will not be responsible for transactions on your Account that we find are unauthorized. If we reimburse you for unauthorized transactions, you will help us investigate, pursue and get reimbursement from the wrongdoer. Your help includes giving us documents in a form that we request. Interest Charges and Fees We will charge Interest Charges and Fees to your Account as disclosed on your Statement and other Truth-in-Lending Disclosures. In general, Interest Charges begin to accrue on any unpaid amount from the date of the transaction, date the transaction is processed or the first day of the Billing Cycle. However, we will not charge you interest on any new transactions posted to the purchase Credit Plan of your Account if you pay your “New Balance” in full by the due date on your Statement each month. If you did not pay your “New Balance” in full when due for a Billing Cycle, interest will continue to accrue between the time that we calculate your “New Balance,” as reflected on your Statement, and when we receive your payment. This interest will post on your next Statement. That is why if you start accruing Interest Charges, you generally must pay your “New Balance” in full for two consecutive Billing Cycles before Interest Charges stop posting to your Statement. Please note, however, that Interest Charges will begin accruing immediately for any Cash Advances and other transactions that do not post to the purchase Credit Plan. From time to time, we may offer Transfers or promotional purchase financing that do allow you to pay less than the statement “New Balance” and still avoid interest on any new transactions that post to the standard purchase balance. However, in these cases you must pay in full transactions that are posted to the standard purchase balance and any Cash Advance balance or Balance Transfer balances, plus any minimum payment due appearing on your Statement. We may also display an interest saver payment amount on your statement, if applicable, for your convenience. We will generally treat Fees as purchase transactions unless otherwise specified below. These Fees apply to your Account only if your Truth-in-Lending Disclosures provide for them. We may increase your Interest Charges and Fees as described in the Changes to Your Agreement section or in your Truth-in-Lending Disclosures. Late Payment Fee We may charge you this Fee if we do not receive your payment as instructed on your Statement by the payment due date. Minimum Payment You must pay us at least the minimum payment amount by the payment due date. Your Statement will tell you: (1) the minimum payment due, (2) your new balance, (3) the payment due date, and (4) an explanation of when the payment must reach us for us to consider it received as of that date. Returns and other credits to your Account will reduce your Account balance, but they will not change your minimum payment amount. In addition to the minimum payment, you may pay all or part of the total balance on your Account. But, you must still pay at least the minimum payment amount each month, even if you paid more than the minimum payment due on the previous Statement. We will continue to charge Interest Charges during Billing Cycles when you carry a balance regardless of whether your Statement includes a minimum payment that is due. If your Account is 180 days past due, is part of a bankruptcy proceeding or is otherwise charged off, the total balance is immediately due and payable. Making Payments Your payment must be made in U.S. dollars from a U.S. deposit account in a form 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 in the Capital One organization. You must send mailed payments to us as instructed on your Statement, unless we tell you otherwise. Other Payment Services We may make services available that allow you to make faster or recurring payments online or by telephone. We will describe the terms for using these services and any applicable Fee before you use them. You do not have to use these other payment services. We are not responsible if your financial institution rejects a payment made using our payment services. If you ask someone else to make a payment for you, we may provide that person with limited Account information necessary to set up and process that payment. We may also refuse to accept that payment. If we do accept it, you will be responsible for that payment even if a financial institution rejects it. Payment Processing We may accept and process payments without losing any of our rights. We may delay the availability of credit until we confirm that your payment has cleared. This may happen even if we credit your payment to your Account. We may resubmit and collect returned payments electronically. If necessary, we may adjust your Account to correct errors, process returned and reversed payments, and handle similar issues. When you send us an Item as payment, you authorize us to make a one-time electronic fund transfer from your deposit account. You also authorize us to process the payment as an Item. We may withdraw the funds from your deposit account as early as the same day we receive your payment. You will not receive your Item back from your bank. We will provide additional information about this process on your Statement. We may use the information from an Item to create an electronic image. We may collect and return the image electronically. This electronic image may also be converted to a substitute check and may be processed in the same way we would process an Item. We will not be responsible if an Item you provide has physical features that when imaged result in it not being processed as you intended. How We Apply Your Payments Your Account may have Credit Plans with different Annual Percentage Rates (APR). For example, purchases may have a lower APR than Cash Advances. If your Account has Credit Plan balances with different APRs, here is how we apply payments in a Billing Cycle: (1) We generally apply credits and payments up to your minimum payment first to the balance with the lowest APR, and then to balances with higher APRs. (2) We apply any part of your payment exceeding your minimum payment to the balance with the highest APR, and then to balances with lower APRs. Items with Restrictive Words, Conditions, or Instructions You must mail all Items bearing restrictive words, conditions, limitations, or special instructions to: Capital One P.O. Box 1330 Charlotte, NC 28201-1330 This includes Items marked "Paid in Full" or similar language. This also includes all accompanying communications. If you make such a payment or send any accompanying communications to any other address, we may reject it and return it to you. We may also accept it and process it without losing any of our rights. Credit Balances We may reject and return any payment that creates or adds to 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 charges. You may write to the address provided on your Statement or call Customer Service to request a refund of any available credit balance. Account Default You will be in default 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 file or become the subject of a bankruptcy or insolvency proceeding; (4) you are unable or unwilling to repay your obligations, including upon death or legally declared incapacity; (5) we determine that you made a false, incomplete or misleading statement to us, or you otherwise tried to defraud us; (6) you do not comply with any term of this Agreement or any other agreement with us; (7) you permanently reside outside the United States; or (8) your REI Co-op membership is canceled. If you are in default, we may take certain actions with respect to your Account. For example, depending on the default, we may take the following actions, without notifying you, unless the law says that we must give you notice: (1) charge you Fees, or change the APRs and Fees on your Account, if provided in your Truth-in-Lending Disclosures; (2) close or suspend your Account; (3) lower your revolving credit line; (4) demand that you immediately pay the total balance owing on your Account; (5) continue to charge you Interest Charges and Fees as long as your balance remains outstanding; and/or (6) file a lawsuit against you, or pursue another action that is not prohibited by law. If we file a lawsuit, you agree to pay our court costs, expenses and attorney fees, unless the law does not allow us to collect these amounts. Communications You agree that we may communicate with you by mail, telephone, email, fax, prerecorded message, automated voice, text message or other means allowed by law regarding your Account. You agree that we may contact you at any telephone number (including a mobile telephone number that you provide us), and use an automated telephone dialing system or similar device to do so. You agree that we may monitor or record any conversation or other communication with you. Credit Reports We may report information about your Account to credit bureaus and others. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. Information we provide may appear on your and the Authorized Users' credit reports. If you believe that we have reported inaccurate information about your Account to a credit bureau or other consumer reporting agency, notify us in writing at Capital One, P.O. Box 31293, Salt Lake City, UT 84131-1293. When you write, tell us the specific information that you believe is incorrect and why you believe it is incorrect. We may obtain and use credit, income and other information about you from credit bureaus and others as the law allows. Closing or Suspending Your Account You may contact Customer Service to ask us to close your Account. We may close or suspend your Account at any time and for any reason permitted by law, even if you are not in default. If we close or suspend your Account for any reason, you must stop using your Card. You must also cancel all billing arrangements set up on the Account. If we close or permanently suspend your Account, you must return or destroy all Cards. You must still pay us all amounts you owe on the Account. Changes to Your Agreement At any time, we may add, delete or change any term of this Agreement, unless the law prohibits us from doing so. We will give you notice of any changes as required by law. We may notify you of changes on your Statement or in a separate notice. Our notice will tell you when and how the changes will take effect. The notice will describe any rights you have in connection with the changes. Your variable APRs (if applicable) can go up or down as the index for the rate goes up or down. If we increase your APRs for any other reason, or if we change your Fees or other terms of your Account, we will notify you as required by law. The Law That Applies to Your Agreement We make decisions to grant credit and issue you a Card from our offices in Virginia. This Agreement is governed by applicable federal law and by Virginia law. If any part of this Agreement is unenforceable, the remaining parts will remain in effect. Waiver We will not lose any of our rights if we delay or choose not to take any action for any reason. We may waive our right without notifying you. For example, we may waive your Interest Charges or Fees without notifying you and without losing our right to charge them in the future. Assignment This Agreement will be binding on, and benefit, any of your and our successors and assigns. You may not sell, assign or transfer your Account or this Agreement to someone else without our written permission. We may sell, assign or transfer your Account and this Agreement without your permission and without prior notice to you. Any assignee or assignees 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 we notify you that we have transferred your Account or this Agreement, we can return the payment to you, forward the payment to the assignee, or handle it in another way that is reasonable. Access Checks We may provide you with Access Checks. If we do, we will tell you at the time if we consider them purchases, Cash Advances or Special Transfers. Only the person we designate may use Access Checks. You may not use them to pay any amount you owe us or any other company in the Capital One organization. We may reject and not pay any Access Check if: (1) your Account is past due, charged off, bankrupt, lost/stolen or closed; (2) we suspect fraud; (3) your Account is over the revolving credit line; or (4) the check has expired, is damaged or cannot otherwise be processed. Our liability if we do not pay an Access Check will never be more than (1) your actual damages or (2) the amount of the Access Check, whichever is less. Use of an Access Check is not the same as using your Card. When you use an Access Check, you will have fewer rights to dispute merchant transactions than with uses of your Card. Please see the “Billing Rights Summary” on your Statement and your other Truth-in-Lending Disclosures for more information. Stopping Payment of Access Checks You may request a stop payment on any Access Check by contacting Customer Service. We will have a reasonable amount of time after your stop payment request to research and complete the stop payment. We will not be responsible if we cannot complete the stop payment. Reasons include: (1) the Access Check was already paid; (2) you do not give us the information we asked for; or (3) the information you gave us was incorrect. We do not have to release the stop payment order unless the account holder who made the request asks us to. If we re-credit your Account after a valid stop payment order, you give us all of your rights against the payee or other holder of the paid Access Check. You also agree to help us in any legal action we may later take against the payee or other holder of the check. Cash Advance Fee We may charge you this Fee each time you take out a Cash Advance. We will treat this Fee as a Cash Advance transaction. Transfer Fee We may charge you this Fee each time you make a Transfer. We will charge the Fee to the same Credit Plan where we post the Transfer. Transactions Made in Foreign Currencies If you make a transaction in a foreign currency, the Payment Card Network will convert it into a U.S. dollar amount. The Payment Card Network will use its own currency conversion procedures. The conversion rate in effect on the processing date may differ from the rate in effect on the transaction date that appears on your Statement. We do not adjust the currency exchange rate or charge any currency conversion Fees. Glossary • “Access Check” means any check we send to you to access credit from 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 a person who may use the Card, but is not responsible for the repayment of the Account. • “Balance Transfer” means a Transfer posted to the purchase Credit Plan of your Account unless otherwise described in your Truth-in-Lending Disclosures • “Billing Cycle” means the period of time reflected on a Statement. This period may vary in length, but is approximately 30 days. 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. For example, a “March Billing Cycle” will have a closing date in March. We may also refer to a Billing Cycle as a “Billing Period”. If your Account balance has charged off, we may switch to quarterly Billing Cycles for your Account. • “Card” means any Capital One credit card associated with your Account. This 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. • “Cash Advance” means a loan in cash or things we consider cash equivalents, including wire transfers, travelers’ checks, money orders, foreign currency, lottery tickets, gaming chips, and wagers. We post Cash Advances to the Cash Advance Credit Plan of your Account and not to your purchase Credit Plan. • “Credit Plans” mean the different parts of your Account we may establish that are subject to unique APRs, pricing, or other terms. These may be individual purchases, or they may be combined balance types such as Balance Transfers and Cash Advances which are under same terms. The sum of your Credit Plan balances equals your total Account balance. • “Fees” means charges imposed on your Account not based on the Annual Percentage Rates. • “Interest Charges” means any charges to your Account based on the application of Annual Percentage Rates. • “Item” means a check, draft, money order or other negotiable instrument you use to pay your Account. This includes any image of these instruments. This does not include an Access Check. • “Payment Card Network” means the network provider displayed on your Card. This may be Visa Inc., Mastercard International Incorporated, or any other network provider. • “Special Transfer” means a Transfer posted to a Credit Plan of your Account that is not a purchase or Cash Advance Credit Plan. • “Statement” means a document showing important Account information, including all transactions billed to your Account during a Billing Cycle and information about what you must pay. We may also refer to your Statement as a “Periodic Statement” or a “Billing Statement”. • “Transfers” means amounts transferred from other accounts to this Account and includes Balance Transfers and Special Transfers. • “Truth-in-Lending Disclosures” means disclosures that the federal Truth in Lending Act and Regulation Z require for any Account. This includes your application and solicitation disclosures, Account opening disclosures, subsequent disclosures, Statements, and change in terms notices. EXHIBIT C 容貌 Payment Information Payment Due Date For online and phone payments, the deadline is 8pm ET. PAST DUE New Balance Minimum Payment Due $13,054.77 $13,054.77 IMPORTANT: Your account has charged off and is now serviced by the Recoveries department at 1-800-258-9319. Your full balance 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. Account Summary <table> <tr><th>Previous Balance</th><td>$12,833.65</td></tr> <tr><th>Payments</th><td>$0.00</td></tr> <tr><th>Other Credits</th><td>$0.00</td></tr> <tr><th>Transactions</th><td>+ $0.00</td></tr> <tr><th>Cash Advances</th><td>+ $0.00</td></tr> <tr><th>Fees Charged</th><td>+ $0.00</td></tr> <tr><th>Interest Charged</th><td>+ $221.12</td></tr> <tr><th>New Balance</th><td>= $13,054.77</td></tr> <tr><th>Available Credit (as of Feb 20, 2023)</th><td>N/A</td></tr> </table> Account Notifications Welcome to your account notifications. Check back here each month for important updates about your account. Pay or manage your account at REI.capitalone.com Customer Service: 1-844-480-5934 See reverse for Important Information How can I Avoid Paying Interest Charges? If you pay your statement’s “New Balance” in full by the due date each month, we will not charge interest on any new transactions that post to the standard purchase balance. If you have been paying your account in full without interest charges, but fail to pay your next “New Balance” in full, we will charge interest on the unpaid balance. For cash advances and balance transfers, we will start charging interest on the transaction date. From time to time, we may offer balance transfers or promotional purchase financing that do allow you to pay less than the statement “New Balance” and still avoid interest on any new transactions that post to the standard purchase balance. However, in these cases you must pay in full transactions that are posted to the standard purchase and balance transfer balances and any cash advance balance, plus any minimum payment due appearing on your Statement. We may also display an interest saver payment amount on your statement, if applicable, for your convenience. How is the Interest Charge Determined? Interest Charges accrue from the 1) date of the transaction, 2) date the transaction is processed or 3) first day of the billing period. Interest accrues daily on every unpaid amount until it is paid in full. Any interest that has accrued during a billing period will post to your account at the end of the billing period and will appear on your next statement. This means you may owe Interest Charges even if you pay the entire “New Balance” one month, but did not do so the previous month. For example, even if a customer pays their balance in full on a February 26th due date, interest would continue to accrue on the balance from February 2nd (the start of the Billing Cycle) through February 26th, and will appear on their next statement. Once you start accruing Interest Charges, you generally must pay your New Balance in full for two consecutive Billing Cycles before Interest Charges stop being posted to your Statement. Interest Charges are added to the proper Credit Plan on your account. However, we reserve the right to not assess Interest Charges. How do you Calculate the Interest Charge? We use a method called Average Daily Balance (including new transactions). Under this method, we first calculate your daily balance: for each Credit Plan, we, 1) take the beginning balance and add in new transactions and the periodic interest charge on the previous day’s balance, then 2) subtract any payments and credits for that Credit Plan as of that day. The result is the daily balance for each Credit Plan. However, if you paid your previous month’s non-promotional purchases balance in full (or if your balance was zero or a credit amount), new transactions which post to your purchase or special purchase Credit Plans are not added to the daily balances. Also, transactions subject to a grace period are not added to the daily balances. Next, to find your Average Daily Balance we: 1) add the daily balances together for each Credit Plan, and 2) divide the sum by the number of days in the Billing Cycle. At the end of each Billing Cycle, we determine your Interest Charge as follows: 1) multiply your Average Daily Balance by the daily periodic rate (APR divided by 365) for each Credit Plan and 2) multiply the result by the number of days in the billing period. We add the Interest Charges for all Credit Plans together. The result is your total Interest Charge for the Billing Cycle. NOTE: Due to rounding or a minimum interest charge, this calculation may vary from the Interest Charge actually assessed. How Can I Close My Account? You can contact Customer Service anytime to request that we close your account. How do you Process Payments? When you make a payment, you authorize us to initiate an ACH or electronic payment that will be debited from your bank account or other related account. When you provide a check or check information to make a payment, you authorize us to use information from the check to make a one-time ACH or other electronic transfer from your bank account. We may also process it as a check transaction. Funds may be withdrawn from your bank account as soon as the same day we process your payment. How do you Apply My Payment? We generally apply payments up to your Minimum Payment first to the balance with the lowest APR (including 0% APR), and then to balances with higher APRs. We apply any part of your payment exceeding your Minimum Payment to the balance with the highest APR, and then to balances with lower APRs. What To Do If You Think You Find A Mistake On Your Statement: If you think there is an error on your statement, write to us at: 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: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing. You may call us or notify us electronically, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. We will notify you in writing within 30 days of our receipt of your letter. While we investigate whether or not there has been an error, the following are true: • We cannot try to collect the amount in question, or report you as delinquent on that amount. The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. • While you do not have to pay the amount in question until we send you a notice about the outcome of our investigation, you are responsible for the remainder of your balance. • We can apply any unpaid amount against your credit limit. Within 90 days of our receipt of your letter, we will send you a written notice explaining either that we corrected the error (to appear on your next statement) or the reasons we believe the bill is correct. Your Rights If You Are Dissatisfied With Your Purchase: 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, the following must be true: 1) You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify; and 2) You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Customer Center, P.O. BOX 30285, Salt Lake City, UT 84130-0285. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will 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. © 2022 Capital One. Capital One is a federally registered service mark ETC-36 3/28/2022 Pay online at REI.capitalone.com Pay using the Capital One mobile app Customer Service 1-844-480-5934 Changing your mailing address? You can change your address by signing into your account online or by calling Customer Service. Any written request on this form will not be honored. How do I Make Payments? You may make your payment in several ways: 1. Online Banking by logging into your account; 2. Capital One Mobile Banking app for approved electronic devices; 3. Calling the telephone number listed on the front of this statement and providing the required payment information; 4. Sending mail payments to the address on the front of this statement with the payment coupon or your account information. When will you Credit My Payment? ◆ For mobile, online or over the phone, as of the business day we receive it, as long as it is made by 8 p.m. ET. ◆ For mail, as of the business day we receive it, as long as it is received by 5 p.m. local time at our processing center. You must send the bottom portion of this statement and your check to the payment address on the front of this statement. Please allow at least seven (7) business days for mail delivery. Mailed payments received by us at any other location or payments in any other form may not be credited as of the day we receive them. Transactions RACHEL MARIE ROURKE #0719: Payments, Credits and Adjustments <table> <tr> <th>Trans Date</th> <th>Post Date</th> <th>Description</th> <th>Amount</th> </tr> </table> RACHEL MARIE ROURKE #0719: Transactions <table> <tr> <th>Trans Date</th> <th>Post Date</th> <th>Description</th> <th>Amount</th> </tr> </table> Fees <table> <tr> <th>Trans Date</th> <th>Post Date</th> <th>Description</th> <th>Amount</th> </tr> </table> Total Fees for This Period $0.00 Interest Charged <table> <tr> <th></th> <th></th> <th></th> <th></th> </tr> <tr> <td>Interest Charge on Purchases</td> <td></td> <td></td> <td>$219.42</td> </tr> <tr> <td>Interest Charge on Cash Advances</td> <td></td> <td></td> <td>$1.70</td> </tr> <tr> <td>Interest Charge on Other Balances</td> <td></td> <td></td> <td>$0.00</td> </tr> <tr> <td>Total Interest for This Period</td> <td colspan="3" align="right">$221.12</td> </tr> </table> Totals Year-to-Date <table> <tr> <th>Total Fees charged</th> <th colspan="2" align="right">$0.00</th> </tr> <tr> <th>Total Interest charged</th> <th colspan="2" align="right">$456.22</th> </tr> </table> Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. <table> <tr> <th>Type of Balance</th> <th>Annual Percentage Rate (APR)</th> <th>Balance Subject to Interest Rate</th> <th>Interest Charged</th> </tr> <tr> <td>Purchases</td> <td>22.24% D</td> <td>$12,861.57</td> <td>$219.42</td> </tr> <tr> <td>Cash Advances</td> <td>28.24% D</td> <td>$78.39</td> <td>$1.70</td> </tr> </table> Variable APRs: If you have a letter code displayed next to any of the above APRs, this means they are variable APRs. They may increase or decrease based on one of the following indices (reported in The Wall Street Journal) as described below. <table> <tr> <th>Code next to your APR(s)</th> <th>How do we calculate your APR(s)?</th> <th>When your APR(s) will change</th> </tr> <tr> <td>P</td> <td>Prime Rate + margin</td> <td>The first day of the Billing Cycles that begin in Jan., April, July, and Oct.</td> </tr> <tr> <td>D</td> <td>Prime Rate + margin</td> <td>The first day of each Billing Cycle which begins in the next month</td> </tr> </table>