SCSC752834 (1854633)

SCSC752834 (1854633) Form 3.1: Original Notice and Petition for a Money Judgment In the Iowa District Court for POLK County Plaintiff(s) Capital One, N.A., successor by merger to Discover Bank c/o Gurstel Law Firm PC 6681 Country Club Drive Golden Valley, MN 55427 vs. Defendant(s) Andrew J Romare 910 NW Orchard Dr, Ankeny IA 50023-9274 ORIGINAL NOTICE AND PETITION FOR A MONEY JUDGMENT If you need assistance to participate in court due to a disability, call the disability coordinator (information at https://www.iowacourts.gov/for-the-public/ada/). Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942). Disability coordinators cannot provide legal advice. To Defendant(s): 1. You are notified that Plaintiff(s) demand(s) from you the amount of $5,939.38, plus court costs and post judgment interest at the statutory rate: This demand is based on the failure to make payment in full on a credit account originating with Discover Bank. On May 18, 2025, Discover Bank ("Discover") merged into and became part of Capital One, N.A. ("CONA"). As a result of this merger, Discover no longer exists and CONA continues to operate as the sole surviving entity. The National Bank Act provides that the surviving entity in a merger of a state into a national bank is "deemed to be the same corporation as each bank or banking association participating in the merger," and that all "rights, franchises, and interests of the individual merging banks or banking associations in and to every type of property (real, personal, and mixed) and choses in action shall be transferred to and vested in" the surviving entity. 12 U.S.C. § 215a(e). Thus, in accordance with the National Bank Act, CONA holds all of the same property right and interest that Discover Bank had prior to the merger, including but not limited to the right in existing Discover Bank accounts and receivables, and is Discover Banks's successor-in-interest in any pending litigation and matters before any Federal or state court. 2. Judgment may be entered against you unless you file an Appearance and Answer within 20 days of the service of the Original Notice upon you. Judgment may include the amount requested plus court costs . 3. You must electronically file the Appearance and Answer using the Iowa Judicial Branch Electronic Document Management System (EDMS) at https://www.iowacourts.state.ia.us/EFile, unless you obtain from the court an exemption from electronic filing requirements. 4. If your Appearance and Answer is filed within 20 days and you deny the claim, you will receive electronic notification through EDMS of the place and time of the hearing on this matter. 5. If you electronically file, EDMS will serve a copy of the Appearance and Answer on Plaintiff(s) or on the attorney(s) for Plaintiff(s). The Notice of Electronic Filing will indicate if Plaintiff(s) is (are) exempt from electronic filing, and if you must mail a copy of your Appearance and Answer to Plaintiff(s). 6. You must also notify the clerk's office of any address change. ____________________________ Amy M. Goltz (#AT0010430-IA) ____ Kristin E. Weis (#AT0011326-IA) ____ Matthew W. Murphy (#AT0013807-IA) ____ Michael W. Pettengill (#AT0012765-IA) ____ A. Brandon Sanchez (#AT0014247-IA) ____ Noelle Young (#AT0016193-IA) ____ Jaden A. Wadas (#AT0016183-IA) ____ Gurstel Law Firm, P.C. Attorneys for Plaintiff 6681 Country Club Drive Golden Valley, MN 55427 Telephone: 1-877-344-4002 Fax: (763) 267-6777 IAADMIN@gurstel.com Small Claims Form 3.1, page 1 of 2* *Upon electronic filing, a clerk's signature page will be attached to this document as page 2. January 8, 15, 22 2026 LIOW0433057