HomeMy WebLinkAbout08-5217THIS IS
DAMAGES
Goldman & Warshaw, P.C.
NAN12714
AN ARBITRATION MATTER. ASSESSMENT OF
HEARING REQUIRED.
BY: JEFFREY M. PARRELLA, ESQUIRE
Identification No.: 201946
PO Box 806
West Caldwell, NJ 07007
973-433-2153
CAPITAL ONE BANK (USA), N.A.,
successor in interest to
CAPITAL ONE BANK
4851 Cox Road
Glen Allen VA 23060
Vs.
CHERYL L DAVIS
360 PLEASANTVIEW RD
NEW CUMBERLAND PA 17070-2738
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO . : 08 - Sa.17 Civil tern
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET
FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER
THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY
OR BY 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 JUDGEMENT 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S BEDFORD STREET
CARLISLE, PA 17013
717-249-3166
COMPLAINT IN CIVIL-ACTION
1 . At all times relevant hereto, the defendant (s) was the
holder of a credit card, which at the request of the defendant(s)
was issued to the defendant(s) by the plaintiff under the terms of
which the plaintiff agreed to extend to defendant(s)the use of
plaintiff's credit facilities.
2. Defendant(s) accepted and used the aforesaid credit card
so issued and by so doing agreed to perform the terms and
conditions prescribed by the plaintiff for the use of said credit
card.
3. The defendant (s) received and accepted goods and merchand-
ise and/or accepted services or cash advances through the use of
the credit card issued by the Plaintiff. A true and correct copy
of the Statement of Account is attached hereto as Exhibit "A".
4. All the credits to which the defendant (s) is entitled have
been applied and there remains a balance due in the amount of
$3,318.58.
5. Plaintiff has made demand upon the defendant(s)for
payment of the balance due of $3,318.58 but the defendant(s)has
failed and refused and still refuses to pay the same or any part
thereof.
6. Defendant's last payment on account was made on June 19,
2006.
WHEREFORE, plaintiff claims of the defendant(s) the sum of
$3,318.58 plus applicable costs, interest and attorney's fees.
Goldman & Warshaw, P.C.
BY:
Jeffrey M. P
Attorney for
Esquire
i tiff
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR
THAT PURPOSE THIS COMMUNICATION IS FROM A DEBT COLLECTOR
P01A.NAN
VERIFICATION
The undersigned, Jeffrey M. Parrella Esquire hereby states that
he is the attorney for Plaintiff in this action and verifies that
the statements made in the foregoing pleading are true and correct
to the best of his knowledge, information and belief. Counsel has
signed this verification at the request of Plaintiff as a matter of
time and convenience. Plaintiff has represented to counsel that
there is a debt due and owing from Defendant to Plaintiff in the
amount as set forth within the foregoing pleading. Plaintiff has
provided counsel with all relevant information in order to allow
counsel to sign this verification. Plaintiff agrees to provide a
verification signed by Plaintiff upon request by Defendant.
The undersigned understands that the statements herein are made
subject to the penalties of 19 Pa.C.S.A Section 4904 relating to
unsworn falsification to authorities.
By:
Jeffrey rrella, Esquire
Attorney f Plaintiff
EXHIBIT "A"
NAN12714
CAPITAL ONE BANK (USA), N.A.
CHERYL L DAVIS
4388641824445121
AFA ?17??Y al _, vrr
I, . being duly served sworn according to law, depose and say that:
1. I am the agent for the Plaintiff herein an# I am familiar with the files relating to this account;
2. I have personal knowledge of the facts a0d circumstances in connection with this case;
3. Plaintiffs files are maintained in the usual and ordinary course of business;
4. This action is based on a claim for breach of contract and that damages are sought as a direct
result of said breach;
5. After allowing for all offsets and credits a balance remains on the subject account having
account number 4388641824445121 in the amoulat of $2,337.76; and
6. If called upon, affiant can testify at trial as to the facts pertaining to this matter.
The above facts are true and correct to the best of my knowledge, information and belief.
(N a ffi )
Sworn to and Subscribed
before me this _ day
of 200>AY 14 2M
Notary Public
iT". l rQRIA
1hy ,i?M?;ISSI(iN EXPINES :'i.T . 2011
Capiital0ne TAKE CONTROL OF YOUR CAPITAL ONEc" 3000
what's in your wallet'7' ACCOUNT AND KEEP IT FROM BEING
PERMANENTLY UNUSABLE.
We're here to help. You can regain your charging privileges and bring
your account back into good standing by paying the amount due on
your statement.
Let's work together to bring your account back to good standing.
You can make a payment with our free check by phone service
or speak to an associate by calling 1.800.955,6600.
1" 11111 U.r ?': :' la,.. l.: ,Urn' rr. I: 11.. rs: '1::( `•w90'?ll "d5(1.^,
FINANCE
Pralrious Balance Payments 8 Credits CHARGE Transactions New Balance Mirnmum Payment Due Date
$1,967.82 - $0.00 +
$49.7
1 $35.00 ( $2,051.99 $244 00 Dec 19 2006
Oct. 20, 2006 - Nov. 20, 2006 Page 1 of 1
P
L4S
:9, FT A:M 11 IS AM:) It
Visa Rauntm Account .
-
You're bennd by four payments. You still cant make any new purchases or cash advances on your account. But
43a64i41B•2444.5121 you can 01 regain your charging privileges and bring your amount back Into good standing by paying the
amount due on your statement within the nett 30 days. Unfortunately, t we don't receive a sufficlert payment
Your Account Irafomtation we may have to Permanently suspend your charging privileges. Need help? Give us a call at 1.800. 955.6800.
Well work together to see what your options are to rebuild your account status.
TOTAL CREDIT LINE $2,150.00
TOTAL AVAILA13LECRIED IT $98.01
CREDIT LINE FOR CASH $1,075.00
P,ay_md t0,, CreOl: A Ad?u*"I#
AVAILABLE CREDIT FOR CASH $98.01
7ranslrctlons
1 20 NOV PAST DUE FEE $35.D0
Finance Charges (Please see reverse for Important Information)
Balance rate Parodic CorreagcIng FINANCE
applied to rate APR CHARGE Under temla previously disclosed to you, some or all of your Annual Percentage Rates (APRs) have been
Increased since your amount was past due twice in the poet 12 billing cycles. If your rates have already
Purchases $1.992.62 0.07712% 0 28.15% $49.17 Increased, subsequent delinquencies extended the duration of the increased rates. Remember. t we receive
Cash $0.00 0.07712% 0 28.15% $0.0D your minimum montllty payment on time for 12 coreacutve billing cycles, this account will be reviewed for a
ANNUAL PERCENTAGE RATE epplkd dnk padod: 2515% possible return to your Nan-Introductory APR.
At Your service 1.100,903.3837 You were assessed a past due fee because your minimum payment was riot received by the due date. To avoid
®
To call Customer Relations or lo report a lost or stolen card: this fee In the future, we recommend that you allow at least 7 business days for your minimum payment to reach
Capital One.
® sand payinelds to:
Capital One Bank - P.O. Box 70884 Charbse, NC 28272-0884
e Send Inquiries to
Capital One P.O. Box 38285 - Sall Lake City, UT 84130-0285
6056 506 1 7 19 C6112C PACE 1 of 1 01BC6C56
PLEASE RETURN PORTION BELOW WITH PAYMENT
0 4388641824445121 19 2051990100000244001
C-alptal(}li(, vdut'sm,vnlrlmAlleN
Account Number: 4388-6418-2444-5121
New Balance Minimum Payment Due Date
$2,051.99 $244.00 Dec. 19, 2006
PLEASE PAY AT LEAST
THI5 AMOUNT
Amount Enclosed
?:apital ,; c Bank 11111111110111111111
r•.::?. Bo: 70554
Char tot re. NC 22272-0554
11111 11111 11111 loll
Please print address or phone number changes below using blue or black ink.
Address
Home Phone Alfemale Phone
E-mall address Q
09032545455222321# MAIL iD NUMBEP
CHERYL L DAVIS
360 F'LE A-AN Tt'IEU RF
NEU CUMBEPLAND, pA 17070-2735
1111111111111111111111111111111111111111111111111 r 111111111111
Please write your account number on your check or money order made payable to Capital One Bank and mail with this coupon in the enclosed envelope.
CHERYL L DAVIS
1. Morena Avold o Fimnw Cherie.
t e. rusts Peeked You will have a nemmo It Stood period of 25
drys yellow finance charge on, -W puremasn' Tenor
balenm rarnrem, raw fennel purfiases and nano other
.large. If You pay your Imo'Noso EeW1os" in
OCCOOaam MINI the anponaa NoWs fee payments Oak-
ad In Lime tut It k, be cresekd byyoar rood slabomaill
owing rate. Them Is no gram period an wall advanced
and rPKW noarym in sown, tier is no Saw period
On any Intonation, I you W nee pay the lopl YVew
beiv".-
b. Marring Farenn Ch10ge. Tranwatlone which are no
W4.d 1. a grace period at. asrsaad Mange deup 1)
trap she doe of am aanad on a 2) from the aft, U.
WaaGkah a pnbooned W your Account w s) (rml eq first
cHeda day of the cumorKDteg period. Materially, I you
as nor pay V. "Jew Belawe' ham the faveloaa biwg
period in fue, IlranWe charges whaler to Nounue to your
unpaid balance I** one unpaid Wh nccae is paid it full. Thin
moons mat you may so ow Amoco delver: over) a you
pay on emas Now Boleros i dica ed con the son of your
frotemam try ere naa Womant clow"o lots. but rid nor do
s. err gu praweln moos, Urlp" fro- dtmgow are added
W It. AM-0e 9"Mool aV-ACc Xvi
1 c. Ienkraav Firlrae Charye. For narA teing pnkM cwt Y!wr
adsount re adyad b. Roane ctala 0 mmmsan to al
FINANCE CHARGE of $0.50 will be ayosed.
t d. T-W.ly Reducdon b Protases Charge. We .scene ore
right to nor re sole any or al Arienue, crag" far any Wei
Wag Pedntl.
2. Average Deft Belnwa dreluang Nam, Pwonsaeay
Finnan charge a adadW W W m,AOyi io ere deyy Dalian
of cad) v,grent of your aaounl (e.p., mash arhua oe,
padoae. mwm ruraM, and OPWIM purchase) by to
wmowwi g daily peeoteo Ma(r) age has boon
poryl-sly disclosed On WtV period. vrc to your. At ere and of wadi day during
ppyae dolly Parkdle role for cach,
sagmea of your -W In ere daily balance Reach
e.g." Th. at the and of as baling period, w add W ore
rtnsises of Ihan daily riklabo a to anNe in yow periodic
Nodes dory. fee each "givoo t We sal up N. mulls from
each W/ranl to arrhe al as Ise peadin In a der charge for
Yea awewn. To Not the day "water fereadk aegr and of
yearoorwinl era use tho bajiroatg Worm as earn
oa
Mnm d-go calc load do yaCylaw day's bM nce for
a10 segment. we can b?beaot my payments Or waft
podm eso10a1 day ao lyre olWaom m that Mgnwnt. This
Biwaw
aCm oeapaau duly WMmi den Your
uld. H tiDtvwvbt, d you pad der Now Balance 9lown w
ynirn Mavlbne a alantwi H ml (n if your Mow hataraa was
zero w o Urea amount); saw raaadlao, when post to
yaw Purpose a sego purUase segnleras ere nW added
m as dally bwnma. %W oduasha Ilia-age, dally
(FA- by arldbig all the aory twurkme together and
dividing the awn by the number of the days h the current
ularig 1'0-* To 4Woubi a your tool fnaras charge, muaiply
you average dalybaande, by the only pa)odic roe ad by
War number of days In Y1e D11fog W" Duo W rounding w a
deny bass or duo b na10de nn mare cnayo awaso mn,
taro fray m a Ysidwoo beaeem this rwlrumMOn and the
amount Of Mauve thaw w tidy eandeed.
9. Anau id Foraeoupa Raw (mnt),
e. Tla arm'AnhvW Percentage fLoW may appear
as "APR' on to free Of this arMameit,
b. If ON Was P (Quedlinly Prom). L iQuw* Y ENK RL C
bold
M-whoy CO). w S (Behkwd Prime) appears On Try.
of as statement ma to ON Widdre relies), a" 1011,1001C
tatea andorrresponanq ANNUAL PERCENTAGE RATES
may wry We" aM noryInONea or dw- bum on
the Stated aldlwe, as bond In The Wall Slim Jourmal.. plus
tIU merger previously dedoe" W yW iheaa charges era
bat ON"" on iM Rst MY of Was Wwy porbd covered by
your Work elsewhere Mdhg In IM months of Jamary
April; July and Omkher.
c. If the coos D O"Ithly Premp F fMunlNy LIBOR), w G
(TreWaury LMIX R) opwkars M tho front of yea D1WMb01
mid to Bra Iao"k rWe(b), The pordodt rates and
mmnteponding ANNUAL PERCENTAGE RATES miry vary
mailhy and may Inaeaaa x demfeawe bewail ?n iha til8lad
;soles, as ,dead n Th. Wan Sirywl Jkllyno ohs via
invgin mminusy dac:.cM to - Th- rhanlY" M hn
ellacVVe on the first day of You, bleog pored eats. memo.
d. Asseasahant of Late, chilid ll and Returned Payment
Fes. ILrdw it. W- df Yew cusu,"e eg2onam vrt
rosarvd the right to wane or soli to alsyowa any tow ihdhLul
Prinrnotikarksl W you W(chout-ving ourrighi to aysaew Iha
`Jame w ekheaf ere... a 1Woram..
T d. RWWO*y Your ACOMM h a m asexal d ter appears
ant 0. front of yew eagmaW, you have 30 days from d1c
faro the WA WOM Y/ae halal b you b avoid Paying the
fea IN To have Much IN "WW to you If you comal your
wood"meroo hating to pay der m101OMO1p rea, To
COW,W'YW 8000104. you mum relay us by cs%V err
Customer R.Wllem Dapaorant em pay your "row
Boone In bill (tAqudlnig go mornowshp tea) prior to
the am of to Nry-tlry period.
B, It You CtNa None, Account You can reduec No close you
aemled by calling olio Cwamar Reatwia Dopedrtwd. You
muddewoy your raedh cad(r) and attain accons decks,
410101161 raaaildlontW being am aeaN using your awximil.
Al yo rrWaall W dual, it you wniinu , to roues w du
net co oel presudlabod Wing arrangamenho era •A01
flJn61d10 MM O OJadnaw your auaafzadon b k"P your
awmad open. Additionally.. Your occoum veal ant De dosed
wade You Pay A atiouhts you ern w Includi g. arty
OW"Ctlwp WIN, have biali std, Manor Charge& pal due
fees. owpkm 16". momvol psyslerd Gres, ram advance
fees and any ooarless aeeaalo f to your account. You we
mwwsau for owe ahmwB whww play appear m1 your
ao]Anl l seer fund Yw request to does the, araakum or Very
age incurred subsequilll W Yak mgaM to dawn the a crurt
This may --A In of-ge, appoari g W youraoomwer aria you
have lequesied ere aeo font Ise be dosed,
I. Using Yalr Account. Your onrd w absurd what be awed in
cunnrdbn Wth sky Internal Varlbling Wmecei ns.
B. Wetlw About Etaeb"* Chock Conwoion.
When you prwbe a check -payment. you whorl. Le
solar to use inlormaMn from your chadt to solo a one•bme
alerawaic amd lmnsfor hamyour bank -1 or so p--
the paynrnt ere A Il .& t10laeeeml. VAnn w use
mfamNae tram yew ehmk to make an okicb nie fund
transfer, funds may w via10ave, rem yew wnk wv ve m
boon n as sorer dry vre raWua vow t»prwd, and you wE
not rota". yew check bask firm your Iranrial ixlInAw
BILLING RIGHTS SUMMARY
(Ir Case of Enore w 0-41ane about Your W)
I you soot your bar is hang, w M you n -d mole adtamall. rn
a Iwaeotinn or W. -4. t. taw an a q-.% alone ea soon ere
poasoeo at the address fir kpuw" sww on trio hunt a dos
Nstamen[ We ever hear from yW to lea sal W days alai we
rent you the hop we rn vole) as enor err problem typewnd. You
tan call our Cusiwrgr RoWOmm numoor, but daring a. will mkt
Ma9eivs your NO,$. In your w.. pier us Inge f A-N
n,Wrmauoll y:a, name m:d dcf.Crunl suntan u, Enna, amnwu
ur me su,a,naan shorn n newcc.no,; ,.r me •,r?-r ?n„ .u
.+pUoption, a msiMro. c _n,y yea, n»nr.'?« rt _.,,: ,.. , , ,; 1
e apn , u tlo yr e I_ cn) ?>• , ?1• z .;
•aac ,favrh .; I )task a,. „ I• gi?r+n„ .Yn:. ..
yon WBSi+on. v.s cav, ? Moon /q) ere ;Mx;•tlMnrvN n ,rr x ,
8ct.+P lu CUX Wk ibN an wU?h you mro9 Wn
1. t Speewl %io Ion t;radi+ !.aid PwaC.h: -
It you have . Prcuam .,hthe quality or orcq,eny ., -'v- owl
you purdated :wan a coedit cord and you have moo n good Ian)
1. woad due MuWem will, ft rhwd)ant, wan Truly lave the never
hd to pay au remelniny smowt we oo the Ikn.pely or aorvimpa.
You have this phAoodon only of han ere Purchase Mire wan mom
than $50.00 and eha Purchex made h your homaabi. w
vitro 100 mdob of your nrlirg address. (11 M own w operate
the mefearrt, or Y era Molded You OW adVWUemeit OW the
Property or .v,- era Purchases gem .vow aegiordl.. of
arm. a loeadon of plrcho e.) Please ronamber to or all
o-roponderve.
T Does ref apply b[wanner nor 8011` cold account
Y Dues nor eppy to business ilmnlekal card accounts
Callow pa supports knromatan pMaoy protedbn: sere our
eebalre at amm6ovwvNLcOm.
Capital One Is a fodwaly migtsWra0 wvem mark ,/ Cephal Ola
Financial Corporation. AN dgas reserved.:?. 20M Capra) One
TO-09
O1BCGMG - o" -12121"
Impeaam lade: Paw W' wnl,na4 n: a reek nil via Iw k -n;I d.. W. r;,lv4;a.• I., 1 1.1 w. ir.e:.r "1"
. ., :.
o4n:mp4nlCn el awls aYaHmintan04vu1,:1,a:#nilnan,:CSau,tmadnYadnvcgGndl;•I Vn, ;., ..e?.. ;_i;; l.;... ?:-u,., ?r 1.
ty I G m El 112 -n Pis Plaada decry dl uasl its IS Ouarle3v dM k p ?.LIIOdFyz;y im.
anyotki I—maYnat W?radkd-f th:; wyaa m, - Ihcnl tip p A -1SJ?kid4 tr !nv xlY;n •A
Purse dC rql use ?apWS, pap r ips, a1: when pa,p,,rQ w.,
"Cllunr lalist2 ldaN lrcwn mm ha ka,. Wnl kv 1M,aik:uill the n", l a. ili.:i who ni
y'U.van lsaM EY sCmagW also a 11 i -i p0.'aas M irarekr Y?'u ddhcraa Iv k: ;Yiab a.lmnir?,Nd;;.:l y,:m ;..;.., inn r y I,.
Ch&k, a papardrar Cr Ctt;tr lam
Capitalollp IT'S STILL NOT TOO LATE. 50001_
what's in your wallet?
Your account is unusable. But, we can help you prevent further damage
to your credit record. Please pay the amount due on your statement
within 30 days. 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 ft= check by phone service
or speak to an associate by calling 1.800.955.6600,
O 2006 i 'r??l7ar!Lr •a....i:e .. . Yri112 J3aU3
FINANCE
Previous Silence
Payments i Credits CHARGE Transactions New Balance Minimum Pa ment Due Dale
`
+?
$2,051.99)-( $0.00 $3500 $2,13141 $30800
} 1, ;Jan. 19. 2007
J
Nov. 21, 2006 - Dec. 19, 2006 Page 1 of 1
Visa
Radnlm Account
V
is
nurn Flit. ?0 AT L+til TI IS AIX),It
You're behind by five payments so wave permanently suspended yourcharging prlvlleges. If you dont make a
a•sN&
438
t sufficient payment within 30 days of the Paymer i Due Date shorn an this statement we'll charge off your
account and report the charged-off status to the national credit bureaus. Please dent let this happen. If youte
Your Account Information feeling overwhelmed. call us at 1.600.955.6800. We'll work with you to restive this matter.
TOTAL CREDIT LINE $2,150.00
TOTAL AVAILABLE CREDIT $16.59 Payments, Credb 8 Adiustments
CREDIT LINE FOR CASH $1,075.00
AVAILABLE CREDIT FOR CASH $16.59 Transactions__.__ _
1 19 DEC PAST DUE FEE $35.00
Finance Charges (Please see reverse for Important Information)
Balance rate Periodic Correspond ng FINANCE Under terms previously disclosed to you, some or all of your Annual Percentage Rates (APRs) have been
Increased since your account was past due twice In the
ast 12 billin
c
cles
If
o
t
h
d
l
applied to rate APR CHARGE p
g
y
y
.
ur ra
es
ave a
rea
y
increased. subsequent delinquencies extended the duration of the Increased rases. Remember
It we receive
Purchases $2.075.51 0.07712% D 28.15% $48.42 .
your minimum monthly payment on time for 12 consecutive billing cycles, this accountwill be reviewed for a
Cash $0.00 0.07712% D 28.15% $0.00 possible return to your Non•Introdlctory APR.
ANNUAL PERCENTAGE RATE applied thk period: 28.15%
1
1 You were amerced a past due fee because
your minimum payment was not received by the due date. To avoid
At Your Servlrs 1.86x903.3637 this fee In the future we recommend that you allow at least 7 business days for your minimum payment to reach
®
To call Customer Relaions or a report a lost or stolen card: Capital One.
0 Send paysgMs to:
Captal One Bank P.O. Box 70884 - Charloae, NC 28272-0884
A Send inquiries to:
Capital One P.O. Box 30285 Sak Lake Cry, UT 84130-0285
6C56 5C6 1 7 19 C61219 PACE 1 of 1 01BC6056
PLEASE RETURN PORTION BELOW WITH PAYMENT
0 4388641824445121 19 2133410100000308005
New Balance Minimum Payment Due Date
C$2,133.41 $306.00 Jan. 19, 2007
PLEASE PAY AT LEAST
THIS AMOUNT
Amount Enclosed
Capita) v- Bank Irl nlllunnlllllnl
G•.G. Bos 708,54
Charlotte, NC 28272-0684
IrrLllrlhrllrlLlrLllrllllrlllllrlrll1r11rllrrllrlltlLlrll
Account Number: 4368-6418-2444-5121
Please print address or phone number changes below using blue or black ink.
Address
Home Plane Alternate Phone
f-maff address
190354484S62223214 MAIL ID NUMBER
CHERYL L CAVIS
360 PLEA; ANTVIEU Fl,
NEU CIIMBERLANC, PA 17070-273-1
!rrrlllrlrlllrrlLr,IILrIrlLllrrrlrl IlrlrrLrllrlll,rrtlLll
Please write your account number on your check or money order made payable to Capital One Bank and mail with this coupon in the enclosed envelope,
CHERYL L DAVIS
I. Nov to Adaid • FManoe Charge.
T e. Greco P.6.4 Ymd we hev.. mkninam grata Renal .125
drys %*had 9ranea ch up on now purchases, robe,
bal- h-nol-, new apsial Pumhme and haw other
charges it you pay your total "New BNaYde°, in
$Cccrdrda snlh No dpa"M NoWs la psymena baywl
and In tars kr it to be aadiled by your do dakrbi n int
daft deft, Thera in M yrcn period M osh adyancle
rW opum aarlahha In Wagon, t"a is no yen paw
on any transaction it yak do rdt pry the best Ji-
b. Attending Fb-- Chaya. Tui deacbbe bM h are am
-A*d b e gran period are steward fl- cage 1)
tom t" Mt, of the ka"arYn r2) lash the data U.
Va"aalks is W--.rd d your A.-M or r) from e" tear
cdordar day of a" amatbMtp paled. Addllotakit Vyou
aid not pay to "New Balanrs• Man as prev6ua filling
Wool In fat, anmle eherq.. cantbue to ee.rw to your
vWaid bur beads -9 be urtio d balance is paid kt kA. This
means But you may ON died, finrso chug,": - it you
DRY are end. thew BaMnca kaplruded on the"of your
aM.hwm by No Cora ayonwO dowg date. the aid Cod do
so lags w-- manic Unp id fire- dwgas aro added
TO the applicable rgrnaM Of your Acceunl
10. ktnfmas Fir"n.a Charye. For }h telling wkd that Ynur
account I. OubjW. to a fxwreve charge, a memmum r sal
FINANCE CHARGE of $0.40 wall be Imposed.
f d. Temporary Reducabn In Ph"nc , Chary.. VAa ropers. Core
light to to no ?aoan any or as a- charges to any Won
2. Average Daft BaalVa IMdaang Nw Pwohaaea}
FNhaca CMrpa a cak+dalsd by mdhpytlg the deny balance,
N each sopnerd of your amount (eq., Cosh adbince,
puddle, epatal healer, and Special purdlrrle) by t"
*W"Pendtg dairy pancift fstti(sl that has band
? Willing Period. we apply ft daiyperkof asch dia race for during
segrrhnrd of your raabOod to the Mgyfoorc Reach
seyrard. Then a 1" end d to biig period. sea add asp the
ranMC of than daily TadfoYaava to rrhed at your per(od c
inmes Barge kr nech ruigno t, We soliw dha MwY. oom
each asyranl to arrive al No kraal periodic: aura" charge fat
yaraccount. Togathe daly Imimi freadt seyhxM of
Your amid, cur tale the balgl'TA b.M- A. each
Wiwi and add dry rive, tdhlecoors and any pabdo
lance Berge nkwlabd Co No prevlpn data bionoa fa
tea SOWhO , ft Pad.ubbatbAnyPAWIVOO aoadla
posted a of that day that ere oboosd d tot sa gmnl. This
given a On asahsear dory bokmm Wr each agmre of oar
Actylml. HOwe`Adt a You 11ed 9b New Bsbnae shhovm on
ynthir r+avirw staomsd In fie (r if your new bean a was
dirt, or."am mutt A new trdwdbre, wNoh past to
yea phaaysa v sped! pardu.e s"Mants minor added
to as daily balances. Ub imic ote a. aeasg. dally
bW- by adding all the daily b.lrrrex together and
dividing the sum by the rumba of tlo days in the currant
bang code. To aicaape you out laance ch.", mdfpy
your an"ale deny bat- by the m1y penadc roe end by
ee nwlMnr of day. In u" bag pen"- Du. W roudklg W a
dally tyMa a due to narvmund 11aM.e Vago aa.exlmryM,
Barre may to a ",onion hetex" this cekwboon W the
e1n011.1 of ardor charge e.traly aaaeaxd,
7. Anruaf Perc 090 Rays (APR).
s. Ts Ism "ANdal PaoeNa(p Raba" may aK-
a "APR• do Via front of Ohio itatelnaa.
It. W d" Coda P (OW W" Prtad), L (puaryrty U80% C
Muenedy CD), or S tDo nccard Pnrr") appaa m the hall
of INS aUAe M rata no as perbyc rote(s), the IlsriaOfd
boa and carespdn9ag ANNUAL PERCENTAGE RATES
may wry custody -W may, Increase or it--b41adch
the awed tdbaa, as rp"d in The WON Shan Jouri plus
the dreight, to aMBMe on sedawd W". Thalia changes wok
all d Your bkkq Prkod rAVared by
your pwrbdb abrundoa, adYg in the monra d January
Aplr. July and October.
C, If the code D (MOllinly Prime). F (FAMINY LIBOR)"-
lost ur G
(Tmesuy LIBOR) api.ara.n the roe or your b the Renato, ra"r.). the P.Iwk rases rand
ocent.prdding ANNUAi. PERCENTAGE RATFS may •rtey
madhy emd may molOa.e r co-, baud do I,e 11-1
'ndlcev. as Glad in Tne W.I, ?Ireai .lixv,•q Pin ..a
*hargir, -, I, den4-0 1. lyre,. limes 9r" ml:
0-it.n rho Rau day of Y.w citing
;- A.-emir of Lat.. ObiarWrMt and Renamed Pay-.,
Fees Lk,d,rr II. bare " your 'Mon.. nV'im.N w.
-.- the right to wawt a .0110 -- any I— w -'
inf-dtir .mion sywrwkhdrwaivbgourrpM to became the
r.hraerteaaelNaome.
T 5. ItKWW1 ht Your Account. Ne membership he IpWr6
oh tiro front of your oatomeM, you heei 30 days from tea
dme don ""am wets nsloal so you d avoid POYag fu
M or to Pardo such Ile "added to you a you CDWCa yea
eoeanr, aferad having at pay the nwintimmpfw. To
Clinical your eNakad, you mule body u3 bycNap our
Che"ma IRAWJOra Disport rYent arml Pay your "New
Balance" in fug (excluding the merdeysrahip for) par to
the and of Aaiarpr-day, parbtl.
S. R Yiou Clow Poor Aaoount Yoe can rgadl to tides year
abroad by GAng a.r Cuatonta Meteor" Deperknent You
mustdea"oy your cr.&cm a)wW aooast xmsd, does,
ono Y prauhonled bkrg add- using your aomurd.
After yarrakkaal to ckos, a you cwrinw to vww.Kt a do
not Wed pMaghM2ed bW" ans pmplh. std with
coramy t#oabt 0141 cMrge Year auvwwjdm d keep you
account open Adalion41iy: your Wboundt oil not be closed
ung Yea pry el s lexalt, ycra oar of Inducing; any
vw"ctbr" you hero MOX-Itod, Tanco chargoa, past duo
fare. indidi itit fade, returned paymra fees, fateh r)vanca
Area and ay Other toes nwaaad 10 Your account. You are
racy--"- for Iha6 assess wMfrer d"y appear or your
acawrd o Ile Ilmn oar rrmaarsda to dose as ad4sni a lay
Fa Mounad 9Y oorp and 10 your reguaat to dobso b0 atnun.
Tate may law" in charges, esperirg on your account ate you
a"v. roquesaed No eawoud to be dosed.
I vary Your AaooVY. Year ONd a emaRd cannot be used in
? bfttkah 11111 any Intends grabbing transactions,
S. Kati" About Etacbonic Check Coar arabn.
Yyhre You Provide is died as pryneral, you .nhodxe us
either to use inhabitation frarn your dook to dolt, a -bit.
ahcaonlo rind t vest. ham year bank a.darrd or to pocea
the ttlyndnt ane cdct troaachon. WI"rh sea Ule
information Tram yaw check to make an aleatame kaW
VaneM. (U. may I" wltnkaarl ram your bank accou t le
noon Is the 741'" dayvw rataita yea prymaM: end You wB
not Means Yaw chock back frond your linei institution
BILLING RIGMSSLOAMARY
(bh Case d Errors a 01-No" boa, You, BA)
a you mad your to is swag, or if you no" drone nhamWon on
a haoeotbn or bt. write to W ka • sapera d cheek w aeon as
IrdsMbb at got address Pornynies slnwn - Ihe front w dad
Matan"n[ We must hoar from yea rq tar in.. a0 day. afhL'«o
rant Iryra ine final him r,n wnicn M an.• w I—- nPf:e.?rM w,i
Cot. 4Bl Oda Customer Ralpaa?e nhrnp. r. hdi dnmg w will ny>t
wew.rve you, r,?nln. Ile r„ Iwhf„.. .,rr:m .x iuWv+?•?
:nh,rt ,aY„?:. '? i :, n•la:r :, I,dlni ..:.,.?.,
sit m"x bar ale, I , .tow.. , ?r r n .•
.,,...... ?.. i,.• ..
wYdtr vlrMq:rn,?q :r h„i rM, n., a,a. ,q,.yay. n Pav.M,
l`a'x !d yraur Hill hu, are n,rl +n q,rrvahi[hn. V+h,e w• ands. ?Ba,.
par .ees}wn, xe cwr,.r rec.' p- as oeb- M .. ape 9•?y
edlkrh W Gdaad lli. iMndlrm yda laeAKa,.
S. Y SpecW Rub fa Cmdn Card Pkechaaas
It You he- a prrAbm won the r."Iny of Property r tolvMa eo.
YOU purposed with a 0redit card and you he" tried in good bath
W corral We Problem with the merchant. yrs+ may heel do kglV
nor to pay dot'moinkhg amount duo on thO property aaoniaos.
You have Ike Dilatation dory urban the purchase face wad rose
than 550.00 and to purchase seat made in your have ado or
within 100 mina of your nebbng address. (II sea own or operate
the merchant or d we malltd YOU 0% adwrasemN t for the
Moody or .adraa, aW purchases as --ad erge dlo , .1
artlouM or Iorudlan of prcMSe,I Phi- ramenber 1. sigh all
ocenedr ondence,
'I Boas+dtappy Mconara"rnawira Camt.aduae
T WOa WIN OPM to buctur as WOIFGapg card axomrs
Cepdal q" supports 1nForMMon pit" protection: sea,
tasMN at
lkkal pa"CAp..
Cain Or" y a federally 109WWW srwoa nark d Capital Ord
Financial Corporation. AN rights reserved 9) 2000 Cap(W Oda
01B000W-6 -12121 ft
ImporYM Melia: Peynente you mad b" At be:W1W b Part -1 ac ch the mean 'iev.". a.. n. p.;rcu..,
bdba pMion of this aWess aro Mar dad nthee.haad brietan:aamwbpd and 121 year pa,-Nw,.af n•.vr p.su.,rp ianle
by Y p.m. ET (12 hots PT) Pkaa Sloe at east Ibe 15) bubesv date lob RcdeldeI,N PaymeW eased ty m of sty emer Ualen a..n
any.iMr bum maynd ha aredad a6 et dote Ball Va eaLe Mam. Oar turwas day. era ganday thragh Saturday, exw g kw,a
Para a. Cod lea napes, paps,11K stk. win paparkg your pryu.mt. what tot prodoa a clack lie pay-in. Ycu aetbodc. uc alma, k use
ak Ian hen purcheckbmad aohHYne abtnxnt land ba,Wrlatm y?wraGaMOrb p.i:aslM paprnl ass cn3tranrden
Whin sea s" bilmMlbn ion yar clock b Inks an abdi nb turd trrakr, hurls rosy be Warms Isom y'curtiawnl as aeon u th same
carves scats ydurpaymaq and you sill Cod WOW yardack bad from your Isandel badlbn.
capaailojc-. NOT PAYING YOUR DEBT 'pJ?i'
what's in your wallet?' DOESN'T MAKE IT GO AWAY.
In fact, 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?
We're here to help. Please contact us to
find a solution that's right for you.
You can make a payment with our free check by phone service
or speak to an associate by calling 1.800.955.6600.
',IJI.c:Urt 1xl vt J p?, .II n UL . CJC of'xil A-I.c no, v ,)III 3C JJgs .c I,C_p /UU _LUL 1- `un bd q 0u11.lLd loll.
FINANCE
Previous Balance Payments 8 Credits CHARGE Transactions New Balance Minimum Payment Due Date
$2,133.41 - $0.00 +(63 $2,220.04 $374.00 Feb. 19, 2007
Dec. 20, 2006 - Jan. 19, 2007 Page 1 of 1
1`1:J_ ::I AT 1'tl 11 I%AIX).It
so Platinum Account
430&0416.2444.5121
Your Acruunt Information
TOTAL CREDIT LINE $2,150.00
TOTAL AVAILABLE CREDIT $0.00
CREDIT LINE FOR CASH $1,075.00
\ AVAILABLE CREDIT FOR CASH $0.00
Finance Charges (P4ase sae reverse for Important information)
Bslancerate Periodic Carves ncing FINANCE
applied to rate APR CHARGE
Purchases 52,159.40 0.07712%D 28.15% $51.63
Cash $7.00 0.07712% D 28.15% $0.00
l ANNUAL PERCEN?qGE RATE spelled thk pedod: 28.15%
AT-h At Your Service 1.000.903.3637
recall Cudorrr Relarlonsof to report a lost or olden card:
® Seed payments to:
Gaptal One Bank - P.O. Box 70884 Charbae. NC 29272-0884
e Sand Inquiries to
nap8al One P.!;. Mx 30285 Bak Lake Cry. Lrr 84130.0285
Your account is six payments behind. If we charge off your account due to late payments, we will report the
chargedma stabw to several national credit bureaus, and the Pls•de6e APR as reflected on this statement w8i
be applied to all your outstanding balances. Act now to prevent this from happening. Please pay the amount due
on your statement or give us a caA at 1.800.955.6800. Well work with you so you can take control of your
account and start rebuilding your credit with Capital One.
'Important Notice" Under the terms we prevlouey disclosed to you, your account is now eligible for an increase
in Annual Percentage Rates (APRs) effective Immediately. However, Capital One has elected not to raise your
APRs at this time. Please be advised that 8 you fail to keep your account In good standing, Capital One reserves
the right to raise your APRs in the future.
Payments, Credits $ Adiustments
Transactions
1 19 JAN PAST DUE FEE $35.00
When you provide a :.heck as payment. you authorize us either to use information from your check to make a
one-time electronic !L nd transfer from your account or to process the payment as a check transaction. When we
use Information from your check to make an elecBorllc fund transfer, funds may be withdrawn from your account
as soon as the same day we receive your payment, and you will not receive your check back from your financial
Institution.
You were saaessed a past due fee because yourminlmum payment was not received by the due date. To avoid
this fee it the future, we recommend that you allow at least 7 business days for your minimum payment to reach
Capital One.
5056 5C6 1 7 19 070119 PA06 1 of 1 01BC6C56
PLEASE RETURN PORTION BELOW WITH PAYMENT
0 4388641824445121 19 2220040100000374003
?a^•?l,)It(! vd.vt'smyh'a:rwallvN
Account Number: 4388-6418-2444-5121
New Balance Minimum Payment Due Date
Please print address or phone number changes below using blue or black ink.
$2,220.04 $374.00 Feb. 19, 2007 wren
PLEASE PAY AT LEAST
THIS AMOUNT Nome Phone Alternate Phone
f-mall address
Amount Enclosed
s10020464582221.26v MAIL IC NUMBER
.HEFYL L LAVIS
160 PLEAS Apr TVIEU FD
;apital zinc bank 1 I Ill I I11u11 NEkl !Un BE PLAND, PA 17070-273!.
eot ^0864 r n un I 1 In 1111nrlllu11nr1111nn1111n1in1111nInllnlln111ln1
!harlotte• N! 28272-0134.
111111111 In111111niulrlll 1#411111111111114111 Ind 11111 I'll
Piease write yalr account number on your check or money order made payable to Capital One Bank and mail with this (amps)n ;he Pnk losed enveIOpe
CHERYL L DAVIS
1. Neer b Awdd a Fnarere Charge.
t a. omw Period You will have a minimum pace period of 25
drys %on" *W" large of Iwo Ddda60s, new
balarkrr wrdem, now special puftt a and new tier
chap" if you pay your tow Tura Bdrtoe•, in
w4ordwlca we ON Ynpwuat Wass for prylermin DWW
and In tae for r W be added byym neldMalsmeM
vW speW dab. Thall, IS ftniftm Inoo*ft VW period on rah advaryM
, Mro k no gnoc period
on any, barmaction t you do nal pay the IoW'lifew,
befaroa'
b. Acoruing Fnanw Chace. Trantacdou width en Ma
subject b a grace period ON 9.053" flu-. darye 1)
Mom the data of Na kw%KJbn or 21 Gam the dale the
GMtaer:timl d PMOW"d to your Ammint ur d) (mm ON 4ml
CMPJX a day of the oxrent M9rg paned. Adita"y, Ifyou
dirt nM pay Nn 'New 9alanW from the prnw,us bind
paned m (m, fin uma, Chaga t,omm. I. On4me to Vow
wWaid WISM:r until ms wWSd bahtnea Is pad ti fug. The
means brat YOU may IM a - fewtcu dh.W -- t v-
pay the emEr Now BagnrA ndirated m the b)M M your
twee ll by ON mat rafenver, doann data. his and nM do
a1) for ye prewMm mank, Unpad fm,,. charges am adoso
b the owimoW sagmem of your Aocu m
t c. Mnkn ve Finanps Cherie. Frrlkxh blim period dnayar
acccen is atbad to a fiance durriw. a man rtat total
FINANCE C VJME of $0.50 will he imposed.
If d. Temprary Reduc*m I# Flr m Charge. yin raawWa an
dpht to not i8aag t any oral fulace dirges for any ghern
bOV POW.
2. Aiewspp DaNy Batrre p ukOng New PwaheM
frwace dirge a oktuw UW M~lo Ne 0* rated
M each warning dyad account Canadurwe,
parAeM. apedd *wW&, and tomW purchase) by that
corM$WWMlg daily periodic ree(s) laf ban bow
pmvnusry AsdoeW b you. At On and of each day dwep
The bhkg period. we sopythe daily pMnaie tale beach
wagment dyad AOCalld in rla dasybalerka of each
aagilag. Than at ate end d era Nimg period, w add np Bee
mama of plate dally Goladabm bamhe dyorprbdto
tarok daryp fur add, seatsmt We add Up Ow nsuls from
each segment to arrive al the ota PMOdlc brave" dterga for
yawacooua. Toamt the daily balrkperorMCh wilmant of
your Gom ml, w rase the beaMtalg balance for act and any PwKxjc
and dints Calcorv ulated m INprpreN is balonce for
the wpmara. ft pan "too Arry pa erleraa arria"M
posted es of Oat day that are saooebd to that MOmsnt. This
giSat us Ww aaurrlm daily Mrrcefor each =gervit d you
ACOWnt. Howls' . M you trait to New BMahde shown mi
ymu mman m statomerd in ha (M If your now hatawiiI Ivan
eon or a asdll amount), rlmY kwmdip m which Pont to
our pu cluaw or special purcttaw sarwift era not added
b the dairy bdenoM. IAik mkuW a Ue ainrapa daily
b9Lllkca by adding tut the daily ddanee bgetw and
dl%kk g the urn by the number of the days h the current
biIkV oylaa. To oalouan yes odd Imanne charge, mmipy
you emrage dalybelenoe byre daily Pa.* min rd by
the "g-of day, in the biirg pafod, 0. 6 murEily ern a
daay backs of dui to nthaount trawa adage sMaaned,
owns may, be a van- hot,- IN.
raleulaiorr and tlhn
emcum Of lunge owe" sodraly ONOOW.
d. Aolud Pod U" ROW (APR).
s. The lean •Anmsd Prroer"ge pate" may adimsr
ss'APRr m Na Gont d this etalemeM.
b. It ON too P IOhrarledy Plain), L (Ojw" LIBOR), C
(Granary Co), or S IDankard Fnma) aypera on me bons
Of Nis stalMwM nor( to IN Derbdo Me(s), the prbdfe
rates and Crrawpondtrg ANNUAL PERCENTAGE RATES
may very TraNdy and mwyinrmaae or doe- teams m
the Stales nd/oss, M bond in The Wall Street Journal. Plus
Ilya margin li-i-IMY dadoiad b v?'u Th- cher,gme wit
hL^ erl'tl. 1)n fir IN di Y d raw reline f .no,• e.o,r-coal by
war MW, mnemmr Pndna it me. mans ?,1 IPr??wv;
At. I Judy end lathe
i. If Ih. u.W D l•Na?mry P,mly, r iM.nlNw Uli,111
ITrcawxy l iW)W epa:ara r u+e: ,-I it
A hats.,,,:, ,
inn to III nenudc IiM,0"l. u.a PanMiw r.Naw .w.n
bvrespmding ANNUM. PFRCFNFAi:F RATF -
matthry wnd may nwrsaea r oaceawe bm ao a? me armed
mdlebS, at bed n Tvw Wall Simet Jrsmal. pus nor
1mrgn i-kseNy doutome l In val. These hanpr.K ,Al h,
ar"- m Na Mat day of your filing pwbd each mmm,
a. Aaaaa wAN of Late, owarrndr and Round PERmwnt
Pees. LkWw the lime of your tjA_ ayreemenl, we
(OMW the flat[ to waft Or not to gram any bee without
prior na M,.I n byouwlthaeneWViit;_,r id.-,he
semsrsnatrfees at a [.We...
t 5, Pt -0 oYbWAeerer.rsmra &Wghipfmkppsra
your wlatem#d, ytw haul 3D ripe from the
flab iia ratamenvae nerved n yew b evold paynp ire
Ise ato her" ewrnIse credwto you0you csn iyaw
aCCa at **-A la»ng to pay this swe"athkefaa. To
cancel IRKS amanL you must nr^ us bycaNg our
Cubhner ReNdo i Dapatbnem and Pay y_ -New
BabnOe in OUR (eadraMrg de membership tea) Prim b
the and dNef r"Y Paid.
S. If oar ChM Y-r As oowK You - remuua to dose your
XWEA by Galing mar dabmer Row" Departure Ybu
mustdoway your mhdM erdis)xd soomnt moos dada,
tame al Pnoueoncad berg and Deese using yes aoto .
Mary+Nrrattuasl to dunk, 0 you csNflim. I. sen woo du
apt cancel omautamiaed filling a hgtmrda, w -,All
I-Sider rrkxln des dhrie your "**rimlbn b keep yaa
Oxotwit opae Add iculy.. your wxount Val not be dosed
-9 You PaY ai an-M. Ywu awn us indudhg: arty
I- you hews AuNtafsed, erarxe oiargoa, pasl due
roe nvaimit Ream, mu ned paynnium IMw ram adorn
fees Old cry odour sees eas=ed m your account. You ON
reaihorm*)W for paw amount w heowr they appear m your
acaw 9 d thou Ilmu You mmreral b dose the -t a they
era ncuned rrbMqueMb oar npusel to done ON anocur.
Thin may resin In dts W apparing m your aemwm spar you
Irma mgAWmI M amount to be doomed.
7. Uaelo r w Accord. Your Card or -ound -not he used in
arrtrteolke wah arty IM cMC Vwn'«wg Gaeeark".
B. Notlq Abort Baetronk Cheek Coavarabn.
Mark you pudds in check OR, patYmsol, you atahotas us
epwr to use information from your mock to moss, a one wa
eincoonk Mal ban"item yaw Gmk sooand or to prover
the psymentm B dock transaction What,wauw
information from yaw dhepk to coke 4. electurink; fund
tremor Amiga may be aeandrawrt from your Dank a 111 as
boon as tar wmla day we remius your paynraM, and you win
nor reCen/e your Check back from your iirrar,ciai MIMUbon.
BILLING RIG=S SUMMARY
(hr Cake of ERpa or cr-h-about Your 8111)
If wau roan tour bl l-W I e 1-11 m11
,ornrm;nioo „,
r it w .. own:., r -1,m•
'idnlr?! "r.f•. -nl r,. ;h, w p.1ur
d fnP ausn pPr1 ,N ,,,1 -cnag ,,, .,r a hr ,
aapla?Uhnn, it ppseltl®, nl :My y1), treliwvR tharcr .t ,,,a.n„ .,, ,1
you deed mare ndm,aalhor,. tl dencrimem d Ply am. you ere
once WOW eau rip 1101 have la Pay any amWM n Wilialan
whb we art *Wgt"tng k. Iwo you ero 90 obllgahid to Pay tie
Pads of Your, bill that ors not in comet-. yMMe we invaatipre
ytww CIUWW, w tamydt moon you es 11111INN MaWe cry
KOW to cdlodIt* Wriuugl you Vaedlon.
t• t Sork," Rude for Craft Card Purchases
If you have a Prrddafw with rite quantity of PK*.dyr -,I- Ihr
M WrdM" W* A amid card 04 you ),eye and at good lath
Iu CRnak NW ProbhM with the merdieM, yry nary lane pour nphf
not to pay the remanig l mourn dao m the property or Nhaaa.
YOU haw tea WGWC bn only wfan am purchase WA was mink
than 550.00 old ate punfuse was nude b your h-ebm rat
within 100 mist d Your rnwkV address. (11w own or opemis
IN MWOM M, a If wa mauled you Na advsricame,t1. the
Pnpaty or aaacew.. ar Pun*.- am covered regerdtea of
amount o bnUm dpatlase.I PWM remember to sim all
as sispodarae.
T Daet .0-Ppfy to corawrher nm.uekri rardecco nt,
f Cosa nut afpy to Mautoss nuraedr card eocourva
Capaat Otte supports beCrmtlblt prrary protection we our
watt" at ytsgtGmgN0.I1LCYfn.
CMDMI Gn. b a Ietrally NoMpkise servos mark of Cepaus Ora
Financial Corporation. Al rights reserved. Yr 2W6 Caput Gen
TC-09
G18C0?6 • c • 12/21At
Impum"mi;e: Paymenle you mesa iC _1'_ WWk yw,_Ia Cl llw CUat,an;,fay w1. 1a,11. f. 1)l'-- rv'.'- ", lk,
Min linden 14 ins ddallldnt IM yC,u 46a in Jr. an:MW rdmlaAd dnra bpd and (1) N:nr paymdM R rdtawdd n Ckr pr[KSnlp Wnk,
ty 7 Pm. ET 1)2 noon Ply Pinar ekw a Wt Ike (d) tutor do/e IN Pcaleldetwry. PeymenU W-d ny lee at any other bcetpn or n
any
Pler= ccer dctoellcl ace naynat mapYWS, paper r caps, W. dry wrap wa papering voweew .Our dap r e a a wk as abrdry,ains 01.
paymentnt, . WO IYMR y W pfatle a pyrant You aulnodte " uc arwrb as
ntorratoa Into yowr:n,:t to mar a arhalme aadrontiuM tranainr mom your aoplM a to plttata Ito paPnaiad 9:hed tranerdicn.
When M ON wwmdbn Ifyouraw:k to gait an aavaeb find tranakr, funds may a MNdrawn from yoiracmerl asaocn n its same
day wl actual your payment and you will not mow Mrdwk a from four Randal nalhpM.
CUSTOM
Welcome to Capita One! We are pleased to have your cradg card account This
Customer Agreement contains Iniomhadon about your account Please rand it and keep it
for your records. Your contract with us for the card and account ('tie Agreement')
consists of this Customer AgreemeK together with any changes to tea Customer
Agreement that we make as provided below. the Saarty Amount rd applicable), the
Security Account Aasgmrent Agreement (t app1cebla)). Capital One Privacy Notice, any
account disclosures provided and delivered to you prig to or at the time your account
opened, Including dscinues pursuant to requirements of Tnlh in lending Ad
(herehatsr 71A Account Disclosures ') as wet as any subsequent notcea of changes
to these doounens, and any and all ts tat ndude your sgnal ue (Including
any electronic or dbital dgnakim) an any applcatim sales alp or other evidence of
inndbtadnasa on your account. In this Agreement Ora words 'you,' your and yours'
MW b each person who signed to application for the account (each, a Joke
eaouNholden and to anyone vise who Is sulna¢ad to use the amour in any way
(each. an 'Authorized Usail Except as speclkay stated herein, each of you is
Individually and pity cblipled under the Agreement. The words ewe.' 'ue and 'our
mean Capital One Bank and As seumerm s, asgns, agents ardor aWarized
rsPresmiefvea. If IN application for the account stated that the account will be a
This mrky Ammt* 110 funds you have pledged to us to secure your account
apply b any o 011- and Cap to Capital 6 Account one Back account that l Agreement (f ar now now applicable) do not
you may have, either or in to
ER AGREEMENT 005113
Credit knit even it terse transactions result in an over Omit tee, and those
transactions and fees will be sub)ed to this Agreement and the Security Accamt
Assgm and Aphstrnent (O appAceble} Any transactions honored in excess of your
credit W wo not result in an increase of your credit Omit unless we expressy
notify you otretwse.
Additional Benefits and Services. From time to time, we may offer you benefits
and services with your account These benefits and services may be provided by
us or thin parties. Unless expressly made a part of this Agmemen, and except as
provided In t e Arbitration Provision below, any such barefis and services are not
a pan of this Agreement and are subject only to do terms and conditions oudined
in the benefits or services brochum and other oRidnl documents provided In you
with respect to the benefits and services. We may a*A add, or delete benefits or
services at any time in accordance with the sodums or decunants you receive.
In addition. any such bents or services olfered b you In the most current version
of the "Guide to BeeeW shat replace and supersede the benefits and services
that had been onesed to you in all previous versions of the %uide to Bwwb,
without hdw notice. Except as Provided by applicable taw, we are not liable la
berreNS or services provided by third parties or the actions or omissions of those
Oft parties.
Nlure, exoepl as provded in the Arbitration Provision below. thhless you have entered
into a Security Account Assignment Agma nent with us. to account Is unsecured. Except
as prnvided how Snarrty Account Asgnnent Agreement applicable). the account is
not saxaed by any other property, regardless of to bums of any Eher contract to which
you and we are subject. We can cosy enfadrg my of our rights under tics Agreement
without being them. The card is and remains our property, and you wt surrender it to us
at any time upon request
Aagren aL We may transfer your amount the Security Account rl applicable). the
Securiy Account Asalpmmt Agreement Of applicable) ardoor our rights under gins
Agreement to an assignee. The I Me will lake or P11= under gins AgmwneK the
Seaxty A-rst (O appirabis) end the Searcy Account Assignment Agreement (f
applicable) with respect to to agreements and Interess traoferred. The assignee nay
or may not be an WMMB of Capital One Bank You must pay Ow assignee and otherwise
perform &I of
Vansler
account a you rights under #6 not ic") you
Security Account Assigobligations under 110,911 agreements. nment Agreement (if Agreement, epIse Security picab ) b AM any aoP l
our express prior writlm consent Subject b the preceding sentence. M Agreement will
be binding And Inure to the benefit of your and our respective suocesaas, assigns and
Using You Mxourt. You can mare purchases strut obtain cash advances (f cash
advm m am an aptan for you aaounq by wig your card. amount number and any
amount etas dads (Including Purchase Cheats, Convenience Cheats, Specie
Transfer Cheats and 0OW shrla decks) gut we may send to you. AddftiahayI YOU
MY request a atop Paymmt on amound acom decks, but we mum the right to
duage You 0 be You whether r suh Services. y wi be When we ice you with account sass decks,
trend=. I Access purchases, cash advances or special
cash aNmoes. we let p you of her eles, Cmvankmoe Cleats will always be treated as
cash ad rasm W a may ditm.t segments for you account such as a cub Advance aegnemt and a special bansfers segment. Each
segment be subject b Wn and cmnd$ons that are ddferad ban tlass got are
applcabla clarsegnents
Our isbilY, any, for
any wsangfl dshono of an amount amass cock is limited to
your ac6W and shelf not Include any oosequernlal damages, and In no event
wit k rose to amonu otie deck
You agree jot I we ge Card or account in con edon with airy Inimet or Illegal
gamhNg transactions, but any Irdmat or toga gemb&g transactions in which you
== cad or account newenNelass A be sobjad to this Agreement and to
AssgmnmtAgre ment(fappicable).
You card aRd account nay only be used for valid and lawful purposes. If you use, or
auNarizs someone ese to use, the and or account for any unlawful or htpenrrssi la
purpose, you will be responsible for such use and may be required to mknbuse us and
MaslaCaro InbnWiorel InwrporeYd 'MastoCad or Visa USA, Inc 'Vita; as
applicable, cr tek ataowsaare for SO amends or expanses to we of they, pay as a
result Of such untswda or impermisble use. In any event, any unlawful or Impermissible
transactor h which you agape with the and oraeommi mewert ales will bewbject to
this Agreement and to Security Acco d Assignment Agreement (f appllcs* You
agree to we are not eepeoulble If anyane rehees to hoar you card or account.
If you had a prior credit cad of other Smut with us, or such an amen or batanca of
such an /0000411111 was bo stemed to w orae of our agitates, and you agreed to reInsta e
to balance of to prior 800lrn In to form of your new account the new amount will
amine frlance darns from to dab gal the new account is opanad.
Authalaad was ere not g wd^ reepmable der to amount An au#wiaed use may
we SOUR std. Can request certain account hbrmationr and can neycast o be removed
from to acoaant Subject bar dsaeion, an aufarized user may not be ale to Innate
ce lain autos on to amount You epee to provide w with irdmnad n k1m6trirg anmyy
Parson you authorize to use your amour, including their nine, address, dale of bMh
and other IderhOfYYg lnbm ton we may request.
Exchange RAN. t you make a transaction in currency other than U.S. dollars VISA
Inlemaf W or MasterCard International will convert to dage or as & Into a U.S.
dollar amount In accordance with their operating regulations or conversion procedures in
effect at the time the transaction s Processed. VISA hbmaim s reguslbrs and
procedures provide that shelve April 2, 2005. the exchange raw between the
WarmKdm e
transactions Is 1) a raw aalecbd by MSA from the range of co"ible whobsab a vane nobles ter the applicable central processing date, which cab rates In
may
very a?f the rato VISA beg nnives or ( the goverment nodaled rele In avid for
the processing dale. rd Insmagorafs regulations and
procedures provide to camreWon rate it uses is etlor (1) a wholesale market
rate or (2) a gorem M marl wd cob in eted on the day of to antral pnxmsing
data.
Cash Equivalaat Transactions. If ash advances are an option for you amount you
can we you aeoourd to purcharm cash hems via we regard as 'ash equivalent
transactions.' All ash equivalent transactions will be treated as ash advances and will
be billed to tie cash advance segment of your account Cash equivafent transactions
include, withal Onrtaim, the purchase of wins transfer moray orders, bets, btlery
tickets, casino gaming g chips and other shier products or services. Nothing In this
paragraph will terprefed to validate any transaction that is unlawful or Impermissible.
Your Credit Lknit Your Initial as* Nat will be disclosed when your account is opened
(or acOvaksd). Either Initially, or at any War vine, we may establish different credit limits
that apply to cilorent segments of you account (molt as purchases, ash advances and
special aansss). You current aedt amts will be identied in your periodic statements.
You agree not to allow the bad ouof your r balance account @xk g d transactions, franc
charges and agar fees or der of the appiable segments of your
account to exceed the apple" aedi limb If you have been given the option to
increase you credit Nnf by adding funds to your Security Amount (f applicable), we
reserve the right not to Increase you c mdk M* f the additional funds are provided while
your account Is h default. We may Increase or decrease your credit knits at any vine
without vine t prior Iaba to you, may lemporenly Increase or decrease your credit Odes at any
prior notice to you. may knit the credit limit for cash advances or may take
away your ability to obtain cash advances. We nay honor transactions In excess of your
at use of ? us and are liable for all amounts due
Making from o tle me You promise to
charges and the your card or arxauru, including any finance
ages other charges chat under the items of 06 Agreement. Payments must
be made in US. dollars. Payments made by a deck, no" order or other
negotiable halnarrmt (an TWI must be in a form acceptable to us and be drawn
on a U.S. financial Institution. We may allocate payments and other credits and
proceeds aneng the various segments of your account, and to charges and
principal due within each segment in any way we determine, hdu/higp balenoes
Ig a nave transactions) with lower annual percentage rats (APRs) before
basrhoes with hgherAPRs.
Payments you mall to us at the address for payrtheht stated on your periodic
stalanmt will be exedNed to your account as of iilae Moines day we receive it
provided (1) you send the nenrtanoe coupon portion of your periodx summenl
and your deck In the remidance envelope provided and (2) your payment Is
received In our processing ceder by the sine indicated an your periodic statement
Plasse allow at least furs (5) business days for postal delivery. Payments received
by us at any other location or In any other tom may net be uedited as of gee day
we receive than. Our bushes days are Mayday - Saturday. excluding hoklays.
Credit avatabily may be delayed in our a* dsaaiton to mum peymerd h good
funds. If we accept a payment at some other piece, we may delay the aadHrg of
afd eddibtml Onp to fin (5) days This may cause you to hour Isle payment leas
be in delahlt charges, and may result in your amount being declared to
Any rrYrrmun payment that Is due will be staled in your periodic statement You
must pay at lead the minimum payment due by the daft stated in your periodic
statement to avoid a We payment fee. However, you may pay moue than the
ims bntas t or pay ft balance in full. In any oars, finance doges A
min ring big Periods dot you carry a balance regardless
of whether or not your Moment shows a minknum paymml dire.
We can see* late payments or partial psyments, or items marked "payment In
fur or other order language, or payments with a request to apply the payment in
a Particular manner, without losing any of our rights under ft Agreement
khcudhg or right to receive payment In full. No payment shat operate as an
accord and satisfaction wmaot our Prior written approval. All written
coanaNoefons aarcemkg disputed amounts, kldudug arty dads or other
Payment ins un rd" kudicakus that to payment consawas -payment in tot' of
the arrahnt owed or that is tendered with other co dim or lirrlatlora or as cal
satisfaction of a disputed amount must be rtaRed or deirmsd to Capital One. P.O.
Bole 05010, Richmond, VA 232855010. You will not make payments Isom funds
obtained from the account or any other credit account with w. f your payment is
made to any Ww address, we may accept the payment without lo" any of our
rights.
When you send us deck(s) to mac payment on your amour, you adhoriae us to
make a ahe4ne electronic transfer loom your bank account ter to amount of the
dank as kdNeled by numerical digits. Tins aApritetlm applies to ar check(s)
received by us during the big Period even I sent by someone ass, who you
agree Is your agent and was Provided with Case dndoanes In advance. This
autladmhon is not restricted by to dale on the deck and Includes msubmssima
We will not be bound by any rest; ldNe legend or condlfon appearing on you face
or reverse aide of the deck If we carrot process to electronto transfer, you
authorize us to make a dorge agaist you bank account by processing ft dock
substitute deck draft or simfar instrument.
We may east your account as appmprss to corral emus, resumed Rerun,
rejected debits and sknbr metiers.
We may. In our sole disaeten, offer an expedited payment services You are no
required to we Ors service. When you auboWae w to process a demand drat
electronic ACH debt or other expedited payment mahout for your account we may
change you an expedited payment two h an amount disclosed to you at the time of
to service. We are not responsible for any dishonor of the payment by your
depository Institution and may retain the Our In the event of such dishonor
i you give your amount number or of er so=" Information to aster person to
make a payment for you or to ad on your behalf, you apse tot we may discuss
you accost with that person and process the payment as I it wan node by you.
You hrrfer agree that you will be responsible for all consequences of payment or
non-payment by such party, including aapeditad imyorent mWm payment late
payment and war Imil fees. We reserve the fight to keftme to accept payment on
your behalf or to pan* another person to at on your behalf.
Periodic Sswrnart. Each month that you have a credit or dabl balance of more
than 51 in your amount, we will sad you a periodic statement as and when
required by apok" low. The perbdlc statement will show all transactions billed
to you amount during vie big pafod The billing period Is the vine from one
statement d0lIn8 data through alrro hdudng the next statement dosing date. The
smomem dosing dab delemrnes ire month of a specific billing Period. For
example, your January billing period is the biting period with the sNfemaht dosing
dab in January.
Finance Charge. You will be assessed finance charges as previously disclosed to
you as part of to TOA Account Disclosures or as we will disclose to you f required
by applicable law.
Temporary Reduction In Finance Charge. We reserve the right to not assess
arty or all finance charges for any given big period without waiving the right to
assess such finance charges In a future big period.
Other Fees and Charges. The following fees will be billed to to pureness
segment of you account and will be treated as a purchase and ROW against
your avaleble osdit init. unless otherwise specified, in every big Period In
which fay apply. l7 A tole psyr ent fee will be assessed f we do not receive your
payment In time tax it to be credited, as provided in this Agreement by the dab
stated In your periodic statement (k) an over Omit fee will be assessed t the
balance of your account (or any segment of
7 -T-
yaw accent) at any time during the Mingcytle, fa any reason. is greater than the
applicable emponary or m cmdil Inil (regardless of whether you went over knit
as a result d a finance charge or any other be or charge, even I approved
us) N) a returned deck fee will be assessed I we do not hona arty amohwmt ecom
deck Jor any reason, (N) copying charges for duplicate copies of transaction
documentation or periodic statements will be assessed on a per bass, unless
required for biting dispute resolution: (v) a returned payment nee wi be assessed t, for
any remi. (a a deck, draft or skmia instrument is not honored or cannot be
pmassed., of () an electronic debit Is reswned unpaid or cannot be processed. You
authorize us to resubmit reared payments in our dsaebon At our oplim we may
assess this in each time your payment Is not honored or paid, even I I Is briar haared
or pad timing resubmssiahn Arty cis, drag or simar Instrument may be collected
eledrontay N returned for ' wlfwlen or uoodeeled funds. We may change any of
these fees or charges, or and addiom-I fees and charges, as povded tbbw. We
reserve the fight to wave any of these fees witout pnor nolfica b YOU 111168
maintaining our right b assess these lees gag forward.
Cash Advance Fea. N ash advanoes are penrnibd for your amount, a ash advance
fee finance charge will be ur) assessed each tree you obtain a ash advance or ash
equivded transaction, (1) added to the ash advance segment of you account and n
applied aNdrst yen available a" Iona. The amount of the ash advance fee krance
d rge will be added to other keno dirges shown on your periodic staharerd for Be
Pirpaa Of cafoulakg the annual percentage We for that bNng plod. This may amse
the annual wromom role dsdosed for that bung period to be grater than to anneal
percentage rated ed to you.
Membership Fes. I applicable, a foe will be Imposed in your first btkg
period, u nil ss specifically slated dlwwhe. If membership be is assessed sanely,
d wal be m=W in the b&V WW n which each ar 4muryd th=open d your
amount occurs. If the menbershp be is assessed mm", It will be in each
biting period The be will be bNed to to purchaser aaeeggmem of your amourd and we be
treated as a purdhne and applied agalW yourmisble credit knit The menbemsfip lee
will not be mainded, in whole or in pat, wen I you awe cancel the account.
Transfer Fee. A be will be assessed for each transfer of bards from your account to your
aedt account andt wthat you rawest. The fee ill be heated as a ashadadvabe billed No nce, and pp ash thyo segment of
applied against your avalabk
Foreign Transaction Chngs. For each to isudon made In a country other than the
U.S., or U.S. TanfiorbA we will assess you a finance charge as previously dscbsed to
you as part of the TILA Accocrnt Dkclorem or as we will dsdm to you N mequled by
applicable law. The fee will be based on the U.S. dollaramount of the transaction.
Credit Buarsm Infonnatim You agues that we may obtan inimnalon about you from
credimpoolin; agenclas or Others at any fim and use It for to purposes of
rtanib
your out Dubmmnce, mrer"I g your account and mre( n ider or new a
offal end
programs lg you ya for n
Saou?kftext The lams and cordlons conaned wihn ins paragraph apply on N
the for the socant started Net the account will be a seared amohrd You
provided us with ordain f rds, which ton been deposited in the Security Accord, To
setae Of Me baaa11 of the amount aid all other amounts aft under the
ems d° moment eaannd the SeAmount Assfpanent Agreement, you have
Accanl, ? fie mdetedn t the Sed to to a securky rest in curity Amount, alp snsthe foregoing the Sandal .
Proceeds Of proeadL This searily interval ndudw without lh.#A mn,the l funds
that were Arrant d?pesart the Security on and any Inkaft A suned additional additional funds o added b * the Seayil
The ems of the to or he Seaccrued on to Seamy Account.
security 1mNrea cue ad lath in the Seally Aoooud AssfpnneM
Agm enso you exeaed. I m you dearit or fail to abide by any of the terms of Nhs
Ag
reemeatt or the Sealy Accord AsalpmeMAgm mail (Nil ya dove yo r account a icel (s? we your amount for any reason, we may then or tlioreelbr and without prior
notice to you, exerdsa our security Iiaw by dedudkg from you Security Amount to
balance do on your account and all other emouds owkg ado the erns of this
Agreerthad end Ne Searry Account Agroensnt YW may exerdse this right
to m aM such deductions from your S?tAooounI perfociay as we determine tube
appropriate. Within rer frrhb g? days alter the date your amount Is closed, we will send all
Seedy Accotnl b the paean leggy erhtltled b recaire tem.
Future Olen. The team of any fake offer relating b to account *1 be dsdosed b
yyoouu at the time the oler is made. I you accept an offs, the errs will hecorne effective
ihrmedktaly unless otherwise specified In the offer.
Debuk We may. n w sob discretion, declare a defahd under this Agreenent If. (a) we
do not receive the full Inland of any merman payment on or before the dab It Is due,
(b) you exceed any credit W a (e an fern used b make peyrnent on your account is
not honored or amt be processed, or in electronic debit to make payment on your
amount Is relined unpaid acersat be pmoaned, To to erbntpemmdtled by appliable
law, we may aso. In our sole discretion, declare a ddadt order this Agreement Its (1) you
es R appNcalr? (2liters of 16 ) we how declared ? you nt to Securky default Amount Angnm
Agre of
any other agreemad h w or any of w aWalm or P) wedef lemrla the you monde
any bee or ndaleadig steer emds anyDtir application for, or regards g to use of, to
amourtL or oterrke aNamplad b defrad us, (4 -a- h u)"
".eadings ere Instituted yea or nd yes a 5) you r r as dadaed lagay
hoanpebmd or t any time following any ddadlt th11da tlhta
assova9MaYoudrysotsarightbaurafa Tide dLNretiredby?you
war be subjed b Paying 'K khans and other few Pursued b the bars d
Ms mwmwd
mia, even a" any PAinerr! our "
1D make new
musuft. mclases or ash transactions on ? W Nor not crow you your mini any
.
lb?y law s), (Y) Base VAto rNMna
w1h such notice as your
payment the
WrAelibris of apprable low, d? he Oliver a ( Su
_ yaw acoanl(s) and demand payment to
Of
AgreamentarAthe SeSecurtyAccountAsdgmnentggmemea under the larrrs of this
To the axed pamrdited by appkabka law, you agree to pay us all of our actual court
costs, collection exposes and atbmef leas Water paid to an attorney who Is she of
our anployees or an aft" who Is not one of our employees) Incurred by us In the
collection of any amount you are us under this Agreement You also agree to pay us al
of our actual costs hat we ncur In rebris" your amts, lockiding any coats we may
Incur by having your accent placed on a moulded 1st Nothing In # its shat be
construed to waive or knfed11 our right b require arbftation in accordance with he
Arbitration Provision below.
Account Closure and Suspension of Credit Privileges. (11) We may, at any kne, wkh
or without cause, with or without advance notice, and regardless of the existence or
no -axience of a debut under the Apwner? canal the account and/or temporary
or Pamanenty suspend your credit vleges under the Agreement I we anal the
ac cowl. You agree buy d? all ands and unused acm nt access dheds.
°?°n b maim your other obigetions under this Agreement
mMnua in M doe and aatler the amount is canceled or your credit whillerges
area temporarily or of your suss d. Cancelledw of to account adfa temporary
or meant sue? yyoouurr pduAeges will not afted our security Interest in
your Seedy Amaral (th table) or our rights under the Security Account Assignment
Agreement (N apdkalb) Ya an dose your amount by calling our Cmsto ner Relations
dePadrnam will the nunber found on the back of your credit card or, N diluent the
number stated in your periodic statement and requeskg an aemum closure. You agree
to destroy all cards and unused acoomt access daces, cancel at pmauta ized hung
005113
artatgemens and oease using your card and account N you do not cancel all
Iweaulhortwel bNrg amerhgeuer11ts, you and we will consider our receipt of a
preauNwdacd debit to your amount to carotkAe your imisonm6on to reopen the
amount on the ems set forth in this Agreement and the Secun7y Amount
Assignment Agree"nt (N appkable). Your amount will not be dosed unit you pay
of amens you we us under this Agreamara snd the Security Award
Assignment Agreement (d applicable) YrAdfrg, without km7ationn, any purchase
and cash advance trarsadbns you have eullnrized. finance charges. Fate
payment fees, over lemur lees. returned check fees. rammed payment lees,
membership fees, cash advance lees. transfer fears = charges and any
diner fees charged to your account You ere for these amounts
whiter they have been Inaned at the sne you request a dosurs of the w=nt
or trey are incurred anubeeW0111 to Your request to dose the amount This may
result In Charges appesrinrm on you account ale you have requested the account
b be dosed and. t1 the __acmu t has already been dosed, the accurst wit be
reopened on the tams set forth in this Agreement and the Security Amount
Assiynmenl Agreement (N appacabk). For example. N you authorize a purchase
from a merchant and we mWw the charge from the mr arda t offer yar account
has been dosed, your account will be reopened, the amount Of the u hi erye will be
added b your &OWN and you wit be respoebk for payment under the leas s of
this Agreement and the Security Ac mu tAnIpmrsrd Agreement rd applicable).
The membership fee for you amount wit oondnhn b be charged, to ft extent
permitted by applicable law, uhf the entire aCCwd balance has been paid In ful,
as described above. a the amount is reopened, a new nambavshtp fee wit be
Charged to the account as staled above.
If you, acting as the primary cardholder. want to temdneb a j0hd amoundalders
a an authafzsd user's amen to the amwK you must cal our Customer
aRgerleaeions depammant and mWeeattlu go termination. Immedkbly t ereslsr, you
destroy, chedu in t perso s p s lens ?Iahere may be ?yinthe effective data of
the termination of that Peaon's amass to the account The account wN be
C argent, and you and any joint accountholders will be resporsda, for any charges
thmumh the use of the and or the amwd by the jurist emouhtolder or authorized
user caret Occur Prior b the effective dote of to termination even N tie charges do
not appear on the amount unit a later time I you are uahta to destroy the joint
amountolders of authorized users curd(s) a to deaboy the unsW account
a- decb in that Pemm's possession, and you al our Customer Relations
department to dose your account your, aoaont wit be dosed in somrdsm wish
for a new anent Ph, either you anNa the joiM aNhaHer, a any. may apply
Chanties In Terra. We may add to, remove. amend or change any pad or
proveon of this Apeenent, bduding the amrhmel Pfflaw%
rak(e) and any
che gas es, (kiduding adding new provisions of the sane or a muss as the
9 rovkbm in this Agreement) at ay tame. a we do so, we will give you
notice of Such amendment or change N rapsred by Federal taw or Yrylia law (to
the egad rot preempted by Feted law) aim we had pnaviowy WOW to
msbmer tine the accamnt would be b such amednerd a chaps wi tout
mica. Nokia wit be naiad b to bat address lmdmoied in ou records for
the account However, no nodca will be Insed I we pevamsy had notified you
that Yom amount would be subject to such anersiment or charge without notice.
C*Vm to to annual percentage rase(a) wit appy to your selling account
balance Ism to effective dale of the change, whelw a not the amount balance
indudes bansados bled to do sawd before the charge dab and whither or
not YOU eorMrnw b use the amount. Changes to fees and dha charges will apply
b Your account from the effective data of the charge.
Govaming Law. I1E MAKE THE DECISION TO GRANT CREDIT, OPEN AN
ACCOUNT AND ISSUE YOU A CREW CARD FROM OUR OFFICES N
VIRGINIA, This Agreement N to be anssmed In smmordana whh and
g:e med by the tars of the United Shoe of America and by the internal
taws of the Co emonwealh dVigice without akig Bled to =ice of
law rue the would awe on applaUon of NM Noss of VW juisdkton other
than the lows of the Untied Stara of Amerke or the idemal Noss of the
Cmrea 11111 Of Vkgimb to 20 ruIlgghb sad dulles of the pplis? This
Apgyreemab is rrme& In Vlrgink. it will be only, by Fe teratNw and
Virgbh low do the ertad not pmeehopbd W I law), I a cowl deddes
not to enforce a part of this Agruunenmt Agreement wl1 tlen need as I
the wwdOlmbk or Invalid part wave not than, but the remaining parts will
remain In effect.
Walvers. You wake the dripght to mca re notice of any waive or delay or
Wasent mmad, demand. proft or dishonor and any right you may have b require
us to proceed ceed agahnst another bebme proceeding agalet you. You also
value, faun Additional ce the el extent permitted by ew. any stable of limitations defense period Of finne appiabie k kdm period.
Lost or Stolen Cads or Account Access Cheeks. I you ad(s) or account
access dwJ3 am bat or sblen or I someone else may be using them wftw
your PenasaoR noV, us attoonce by aNrg fie b4hone msnber on the bade of
your credit ad or, f lnumber shown an the hoot of your
periodic sfaanechs, or by writing us at Cepiml One, P.O. Bur ti5015, Rbdaand,
VA 232&5-5015. You will not be fable in any arou t for unaut homed use of your
arils or amount access decks.
You agree b ld us a woe I you change your name, address, bW*m number
or emmpfoyrtent You agree to give w wrhtee rata of any large in your blkmg
address at lest 10 days before the dmsuge. Changes may be wdt n in this space
provided on de mmhaoe capon portion of year periodic stakinant or may be
sent to M? blowing address: Capital One, P.O. Box &5015, Richmond, VA 23285-
5
use it 015. your account is a joint account
agar &nht ant rabas or I more then on person is permitted to
regarding the amount may be sent ad* to the
address shown on our biting records
Comnne nkabns. We may mleese Momelfon to others ce{pcdig the stabs or
history of your amount es sit forth In 11111 Cepbl One Privacy Notes. a Copy of
which has been provided to you. We may make requites of third pates n
connection with mairdsining third re and collecting your account, and you aularite such
parties m information aboull you to us. We or our represahN&ve ; pay
contact you from lims to Intimation about you or your eVenena ? whir C Old One. ya for add
by
unsolicited. that such
contact are not uroo are not kMbd accept as expressy required by
d
applicable bun and may result from contact Information you hove provided or lab is
obtained From other sources. For example, we may corded you a home or
pace of employment during weekends or holdays, on your rrotNe kkphoe.
voicemar or arewerinf machine. and by inset. tax, retarded message, text
message or personal visit Except as resir(cbd by applicable law, we may monbx
or record arty cab we make or realve, suppress cater lenfilation services and
use an automated dialing and announcing device.
ARBITRATION. PLEASE SEE ENCLOSED 'ARBITRATION PROVLSION.'
PLEASE NOTE THAT THE TERMS INCLUDED N THE ARBITRATION
PROVISION ARE PART OF YOUR CUSTOMER AGREEMENT.
0 2005 Capital One SGrAM, Inc. Capital One is a federally registered service
mark. Al rights reserved.
D318-17-0305
ARBITRATION AGREEMENT M-75733
IMPORTANT. THIS ARBITRATION PROVISION IS A PART OF YOUR CUSTOMER AGREEMENT
you nowt "° tome mat am you or we may, At ow par" sola
dSCOM mOYiR Ma ay Chdn (as kNted tdop b revved b Pricedium IRA Law Applicable Is Arbitration. The ArbIbaan
P
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y
blalhrp ub4aim , is main PrBIHrt to a transaction imelYhlp tknll
ro
COMM Nod AIR Ian by cad emaondo urkr pit Faded
kbhkb A
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IF YOU OR WE ELECT ARBITRATION OF A CLAIM, NEITHER r
e TM
O
1. omium AW WhUhy any Claim is
sdiRd to Arbitration Am k res*W b
ie
i
YOU NOR WE WILL IMYE THE RIGHT TO PURSUE THAT
CLAIM IN COURT OR BEFORE A JUDGE OR Amy OR TO y
upl
ng Ibis kbineoal
Prowsiar In ft womesi gay b mTy be o I . co siydtl with UR
weed aw awns or mla kb rA lore Pr.iSOm Th
ill
nt .
PAl1TlCIPATE IN A CLASS ACTION OR ANY OTHER e a
w
apaY
substardre bw nmatuea with NO FM and appkable alaMr of
COLLECTIVE OR REPREUMT[VE PROCEEDMIG. EXCEPT AS
SET FORTH BELOW. THE ARBRRATOR'S MMON WILL BE
FINAL AND MMDWG
OTHER RMM THAT YOU W IkAkd & Me Me vaMlAly aril an ateeura of any clans, action rekw
13 a Muslin for a Coot of angatwe OiWkUM not an abv t In
.
OULD
HAVE IF YOU WENT TO COURT IMMUOINO TINT RIGHT TO
CONDUCT DISCOVERY OR TO APPEAL MAY BE LIMITED OR dKW The arbitrator nay acrd any damign or oho rslM pombi d
by appUabb subeWdN tin (be MV not hm paw to miew MR
k
0
UNAVAILABLE W ARBITRATION. THE FEES ASSOCIATED
W er
ro
kj In se?abt? of to paprph 'No Calaotikoar or
JdMwaPMiea,•batow)6, utRwa?d shB deMrslin meripba end
ITH ARBITRATION MAY BE HIGHER THAN THE FEES
ASSOCIATED WITH COURT PROCEEDINGS. DblOgm Of only UR noted prop wd ally with impea to Me
Claims it abAahDn. Tot Nes adp100icartl of pit AdnaWna.
Wkh
ou m
blai
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Special Definition Ir TINA Arbhm$n Prwisioe. For OR
prams of this ambatlon prwisiaD (C'ArYiatlen Provision'). MR
ml
ddW y
y o
l
ate the ABdnnaraa, AN DoYwn the
art iliapn udm May eadtd with tic NMatial Pnwision, Or wlich
epee pea Arbwamn Pyalabn will a%*. The aolosan will not be
"
m gat ap4Hy In idNg011 laBR kTwMa6 sd bat m
yourCurbmw Atin erRw (Alusavearl bound 6y, led Ibla ArbRaBan Pralatm sW cal be alb(ad NO, ft
kilns, dal or local calla of pbahu and tadoln tlW ve
n?Qd?1Y'
'Mein' lopes tq tatrA cawoYrsy a dkpsa a
ay or man
beaten you and a
nd L ?
may court, or to so or local INS IN Wo to
ambit
proccedi gs. You or wt my awe a hismig In P*diorL Any
.
A)Tla ua
i/duars w aheut '
Mrdtahium any Claim that in
w0'noy aroma hatlw
W wwom trewaq Mer you Allow apa?rr wN lie pace a a boaln
in Val lades judicial district Mat icoM yaw IR.bgYn bodoo
re
es fv
. eve AeeYirwY,M rx N e. r.,•. rw,aw.. __..._. ?_? amrmaasan otlR Ca apme.Youaw
p )IQDn rdlbil }sus sib w!
• I S bURNOO PM*W (including winter try Claim is SUOW
to abb")
• NO eddlEaened, or" akmmaion d Your zwat
•auyydhdo-Midmfteem Milatialsa DER ansrungatioes
1A III YOLII oo•?. wonder In cool nd Noe or akr yow
• ay baaadlwa a abrtpW DooKb= ty" YOU, KARL 1
•aytdkgaakr- moirenlahgb War KMW
• aypaag olbrmmiwe fSW6ngpprR6 aaeRb)myaurwrdae
• a7 ODArJs w rlYiaS chaprd m ISur BsJ:OIdr
• d%? intend or OtlNf dRrMa owed to ynr ACOUAL a
wry Pr luck. "AllM a b"Its ream b or drared in
-.Matlm with your aaarat ? any Inca a MID!
reads a nRlbvngs any c wAe?mc
aadwdNred.,-ft ad,mildaPolled mob
•OVRellitut b* Ofmyidanadmabdipyauuapaawr
• ay of man rehong to your aaoue W yarrelatiaalripRDrus
B. TMs atAsAfan abe hamdes, wBhadRM'wtm, try (iatm.
• mp lg- of haY or worn k is boedt (for raopla, d n ldal
call aaAUdam, ORnecwm a mIN-pay damn)
• luad ON any thaayd MU a ftwq. p RRy &
papp
all IN bin of oft Pwt ffw a or 110adYte dac6lyW a
Mann Opu6He few
• bad an My 94" of law or eMRy, loQMAjdAg contact mR 1rauL
caaAWm, $aft IpdiB rk wwxu or w Isagd ants or
ffeds by twryry Bal. wkw new, Mdko of )
' y in MM OO YouadaadF4VMQha
for your( RauOlnp a ailplad a a hocked as d your a®aL
• son wihkA w?mq b dAK0y or nAemw. ifenkh Ora how tly table neDm any #.
tidal ?aOr pally(nor it we at not properly
• IIOW hrpateeaIbw rnt NIW a MRMure, Rgardlm of wfRrMR
facts And clausestinces
aelmW mwg w Nan to Be Caws occanO or when
ftcwm
• 006 Its pd of a dm Milan, prhdeabmypnwa ailm,adrRr Cbdor do puceed on
"MR, at al lodh male fully ie ma kbbWm Pru idon
ArbNredu Am islatrefort. One at Ibe Idimirp arbinalion
8&*W*m rAdmiMsaaAy or. a Inch ey. •A6rninislyas") woo
adffA*W OR wbbdar.
JAMS
1920 Main SL. Sts 300
Wile. CA 92611
www.pmaatrcom
r-q arwpr a
one d aelatmw aarsl The Inflator wig wok try and to a ilap
mid. at ft Amy, Rawwa offer pay. WIN aaNde awmin SWIM N
of ream hr the ward
Costa. The Party aNhNng Arbitratin will pay the NW initial ill" as you
Oft INS ( lad rah Fro I OlOCAlluMbbab under any, Applicable
will -I&I%wy MuslMyar for Rappay?ra?rNma you
for alvpato BR Adrdretralars Fps. We plat wdip?y aninEuSe
You brill or part at the ANad6abrh Fps A Aw arbRlHo delarrdnes
Mgt I phod mum la a to do se. We will ply wry ban and coati we
we ra Wed to pay by law. Wmwise. Bell rapt as pains in this
AW~. you Sod we will bear all of Na Megaton bit war coca
(yICIWng 11! AnmlRlaalrY Feel as in Rte ago raI raaYlq in
am t? ndsdmmp).I LINSaWhoprgtyly Allocation
of I- will Itlatig to gpnN m uUnft dA or hwded In the
saint BMW. r
NB Con lMBgon or Joinder of Partin. The apimam of all
Clan area paaid m an NdiYlacreI ISIS, am B NR Claim hu ben
usm110 inn tun in a Cba acB01l_pmYala ibmgy pnml actin or
Mrw A or odrrdrn UNm all pan CaRwe. ll nor we raved to Mo or ma?arsamis, kwmdnk or WAS, in tl?iy
Mme "Idt"Ane, At- 0*0 all parties comml now you nor we
warV PrpaR a lase arboo, pw* Rant gama anion a drew
repatbYlM a alla'wt at50 In mbmulea, nor nay your or we
Para d KUM in caw gray pay ws deand B odoilinn, You will
not hot the NPN to ad AS a dap vai rmandaNre or puklpk AN a
mamba of a clap of daimets with maps in all Chia at to whine
Inbkagm has Into elackd
Jedg a 6breaana4 and Appeal. Tin arbNlDrt
Oethdn will be fial Ad lancing a4 Annulwyeuarmand
n UM Of BR Paid by mNdp a wdbm now to NO, Ad histrier.
ThepapalP".whichwifte=MdNaawb*an,d,, "wall
km w aEwmajahy. N Pawndcsm pp?pllPbald b a and 6pamFdidal
decision bav or of Min a
_M
e kw wii Water = 3d tM M mda the FM Maud m wdeaim will b
by in cam having pmakfa m
Survive; 10 SOW*bL wwwim,
Annulate Arbitration Ass's
335 MMSm Ave, Floor 10 (11) any haw of W accarv. at any ranoteft ;;6?z
*WYai, fly lDM7JW5
rnwvadtaq Is doxed livold or Be
ft an Of MIS
Nadur Arbitration former
P.D. Bar 50191
MMUPd'w, MN 55105
Inplaceddleclonals
wwRrhilaGon-bnmcom
You mry woad ary d the AdmkisbmM to obtain kemrwoim O 2005 Capital one WrIan, Inc. Capin One is a lederaly Inpatient
aDdt abtlatiox, uWradae woks and woukres. in adaduas ad serviw mwk AI "" revved.
Main aorta.
Elution and Initiation of Arbibation. You or we tray etell
ubb" or lr Us Arbitration ftAsioe with rl40 to any Claim
Rte A Na Clan IS Pill Of a IarRw brought it caA You or we may
RPM A mdkin a NNW In owat In m.W phi ilia. N Inv rh.,
Yon
R wogwn, re m dRDie ale Mme Admlrktraaa.ad vela RBI
You any oaks Rakd by Me Admi ddraa to your IWotom
R we hate NialM erbaraian. am Vol aRpe OR
ypr regrM M YOU rogy on b wriirg at or Wove
ma T1?Ne11 at?Rr ders of ft dam a Ry notice we and you of m
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Goldman & Warshaw, P.C.
HEATHER N. DANESH, ESQUIRE
Identification No.: 209645
PO Box 806
West Caldwell, NJ 07007
973-433-2104
CAPITAL ONE BANK (USA), N.A.,
successor in interest to CAPITAL
ONE BANK
VS.
CHERYL L DAVIS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 08-5217
PRAECIPE TO WITHDRAW COMPLAINT
TO THE PROTHONOTARY:
Kindly withdraw the above-captioned action, without prejudice.
Goldman & Warshaw, P.C.
BY: -
HEATHER N. DANESH, ESQU
Attorney for Plaintiff
P006
CERTIFICATION OF SERVICE
I, MATHER N. DANESH, ESQUIRE, hereby certify that I, on the date
below, served a copy of Plaintiff's Praecipe to Withdraw Complaint
Pursuant to Pa.R.C.P. 1028(c)(1), via First Class mail, postage pre-
paid, to all other parties or their counsel of record.
HEATHER N. DANESH, ESQUIRE
Dated:
C3
rNI) ?