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HomeMy WebLinkAbout08-5507NAN14524 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. Goldman & Warshaw, P.C. 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. SHEYARD F FAROOK 116 NOVEMBER DR APT 1 CAMP HILL PA 17011-5042 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. :'68 - 3-S'67 l 1,;L'rSe-p, 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 $2,001.22. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $2,001.22 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 March 30, 2007. WHEREFORE, plaintiff claims of the defendant(s) the sum of $2,001.22 plus applicable costs, interest and attorney's fees. Goldman & Warshaw,, C. BY: Jeffrey M. P Attorney for ' Esquire iff 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 arrella, Esquire Attorn r Plaintiff EXHIBIT "A" NAN14524 CAPITAL ONE BANK (USA), N.A. SHEYARD F FAROOK 6466 AFFIDAVIT I, 'it ETA 7 , being duly served sworn according to law, depose and say that: 1. I am the agent for the Plaintiff herein and I am familiar with the files relating to this account; 2. I have personal knowledge of the facts and circumstances in connection with this case; 3. Plaintiff's 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 ?e result of said breach; 5. After allowing for all offsets and credits, a balance remains on the subject account having account number 6466 in the amount of $1,648.48; 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 kn ]edge, information and belief. 4e o cant) Sworn to and Subscribed before me this?YdtD 200 of 2008 Notary Public SHARON REUSENS F 10TARY SEAL DEKAIJ3c:Cjuii YGEORGIA MY COMh10 o*iLly LAr vv w3ER 16 201 CUSTOM Welcome to Capital One! We are pleased to have your credit Card account This Cuiltaner Agreement contains infomuilm about your account Please reed H and keep H for your records. Your contact with us for the card and account ('the Agreemenr) consists of this Customer Agreernerd, together with any changes to fins Customer Agreement that we make as provided below. to Security Account (d applicable), the Security Account Assignment Agreement (I applicable). Capital One Privacy Notice, any account disclosures provided and delivered to you prior to or at the We your account opened, kidudirg disclosures pursuant to requirements of Truth in Lending Ad (hereharfler'iLA Account Disdosures7, as well as any subsequent notices of changes to these documents, and any and all documents that include your signature (including any electronic: or digital sgrmature) on any application, sales slip or other evidence of indebtedness on your amount In this Agreement the words you, your and 'yours' refer to each person who signed the application for the account (each, a 'joint accountholder and to anyone else who Is authorized to use the account in any way (each. an 'Authorized User). Except as specifically slated herein, each of you is Individually and jointly obligated under this Agreement The words 'we; 'us' and 'our mean Capital One Bank and is successors, assigns, agents and/or authorized representatives. If Hie application for to account slated that the amount will be a 'Security Amount' this means the funds you have pledged to us to secure your amount This Agreement and the Security Account Assignment Agreement (I applicable) do not a y to any other Capital One Bank account that you may have, either now or in the 005113 ER AGREEMENT credit omit even I those transactions result in an over omit fee, and those transactions and fees wig be subject to this Agreement and the Security Account Assignment Agreement (d applicable). Any transactions honored in excess of your credit limit will not result in an increase of your credit limit unless we expressly notify you otherwise. Additional Benefits and Services. From tiros to time, we may offer you benefits and services with your account These berefds and services may be provided by us or third parties. Unless expressly made a pad of this Agreement, and except as provided in the Arbitration Provision below, any such benefits and services are not a pad of this Agreement and are subject only to the terns and conditions outlined in the benefits or services brochure and other official documents provided b you with respect to the benefits and services. We may adjust add, or delete benefits or services at any time in accordance with the brochures or documents you receive. In add lion, any such benefits or services offered to you in the most current version of the 'Guide to Benefits' shag replace and supersede the benefits and services that had been offered to you in all previous versions of the 'Guide to Benefits; without fuller notice. Except as provided by applicable law, we are not liable for benefits or services provided by third parties or the actions or omissions of those third parties. future, except as provided in the Arbitration Prevision below. Unless you have entered into a Security Account Assignment Agreement with us, the account is unsecured. Except as provided in the Security Amount Assignment Agreement (If applicable), the account is not secured by any other property. regardless of the lam of any other contact to which you and we are subject We can delay enforcing any of our rights under this Agreement without losing Them The card is and remains our property, and you will surrender t to us at any time upon request. Assignment We may transfer your aomurd, the Security Account (if applicable), the Security Account Assignment Agreement (H applicable) and%oor our rights under this Agreement to an assignee. The assignee will take our place under this Agreement the Security Aawnt (I applicable) and the SearHy Account Assignment Agreement (d applicable) with rasped to the agreements and Interests transferred. The assignee may or may not be an affiliate of Capital One Bank You must pay the assignee and otherwise perform all of your obligations under those agreements. You may not transfer your account or your rights under this Agreement, the Security Account (it applicable) or the Security Account Assignment Agreement (it applicable) 10 any person or entity without our express prior written consent Subject to the preceding sentence, this Agreement will be binding and inure to the benefit of your and our respective successors, assigns and representatives. Using Your Account You can-make purchases and obtain cash advances (I cash advances are an option for your account) by using your card. account number and any amount access checks (including Purchase Checks, Convenience Checks, Special Transfer Checks and other similar checks) that we may send to you. Additionally, you may request a stop payment on account access checks, but we reserve the right to charge you a fee for such services. When we provide you with account access checks. we will let you what her they will be treated as purchases, rash advances or special transfers. Unless we tell you otherwise, Convenience Chucks will always be treated as cash advances. We may establish dMeranl segments for your account such as a purchase segment a cash advance segment and a special bansfens segment Each segment may be subject to tams and conditions that are different than those that are applcabbe to other segments. Our liability, I any, for any wrongful dishonor of an amount access check is Rrthked to your actual damages and shag not include any consequential damages, and in no event will it exceed the amount of the check You agree not to use the card or amount in connection with any Internet or Illegal gambling trarsactiors, but any Internal or illegal garbing transactions in which you engage with the card or account nevertheless will be subject to this Agreement and the Security Amami Assignment Agreamenl (H applicable). Your cad aid account may only be used for valid and lawhd purposes. It you use, or authorize someone else to use, the card or account for any unsw4ul or impenrissible purpose, you will be responsible for such use and may be required to reimburse us and MasterCard International Incorporated 'MasterCard' or Visa USA, Inc Visa; as applicable, or their successors for an amounts or expenses that we or they pay as a result of such unlawful or impermissible use. in any event any uhleadul or impermissible transactions inwhkch you engage with the card or amount nevertheless will be subject to this Agreement and lie Security Amount Assignmad Agreement (r applicable). You agree that we are not responsible r anyone refuses to honor you card or account H you had a prior credit cad or other amount with us, or such an amount or balance of such an account was transferred to us or one of our afifiates, and you agreed to reinstate the balance of the prior account in the lam of your new account the new account will accrue finance charges imm the date that the new account Is opened. Authorized users are not financially responsible tar the account. An authorized user may use a credit cad, can request certain amount information and can request to be removed from the arrant Subject to our discretion, an authorized eaw may not be able to nitrate certain actions on the amount You agree to provide us with kin om mi dentlyirg an persons you authorize to use your accou t, including their name. address, date of bid and other Identifying nkxmation we may request Exchange Rork. If you make a transaction in currency other than U.S. dollars, VISA international of MasterCard International will convert to charge or credit Into a U.S. dollar amount in accordance with their operating regulations or conversion procedures in effect at the time the transaction is processed. VISA ntemalonars regulators and procedures provide that effective April 2, 2005, the exchange rate between the transaction currency ant the biting currency used for processing international transactions is either (1) a rate selected by VISA from the range of acceptable rates in wholesale currency markets lot the applicable central processing date, which rate may vary from the rate VISA self receives or (2) the goverment mandated rate In effect for the applicable central processing date. MasterCard Internationals regulation and procedures provide the currency conversion rate H hues is either (1) a wholesale market rate or (2) a government mandated rate in effect on the day of the central processing date. Cash Equivalent Transactions. If cash advances are an option for your amount you can use you amount to purchase certain items that we regard as 'cash equivalent bansadions.' AI cash equivalent transactions will be treated as cash advances and will be billed to the cash advance segment of your amount. Cash equivalent transactions include, wilhoul Imitation, the purchase of wins transfer money orders, bets, lottery tickets, casino gaming chips and other similar products or services. Nothing in this paragraph wi l be interpreted to validate any transaction that Is unlawful or impermissible. Your Credit Limit Your initial credit limit will be disclosed when your account is opened (or activated). Either Initially, or at any later time, we may establish different credit omits that apply to different segments of your amount (such as purchases, cash advances and special transfers). Your current credit limits will be identified in you periodic statements. You agree not to allow the balance of your amount (including all transactions, finance charges and other fees or charges), or the balance of the applicable segments of your account to exceed the applicable credit limits. If you have been given the option to increase your credit omit by adding funds to your Security Account (H applicable), we reserve the right rot to increase your credit limit I the additional funds are provided while your amount is in default We may increase or decrease your credit limits at any time without prior notice to you, may temporarily increase or decrease your credit limits at any time without prior notice to you, may limit the credit limn for cash advances or may take away your ability to obtain cash advances. We may honor transactions in excess of your Making Payments. You promise to Pal' us and are gable for cog amounts due resulting from the autorized use of your card or amount Including any finance charges and other charges due under the terns of this Agreement. Payments must be made in U.S. dollars. Payment made by a check, money order or other negotiable instrument (an'dem') must be in a form acceptable to us and be drawn on a U.S. fahandal institution. We may allocate payment and other credits and proceeds among the various segments of your account and to charges and principal due within each segment in arty way we determine. Including balances (including new transactions) with lower annual percentage rates, (APRs) before balances with higher APRs. Paymeahs you mail to us at the address for payment stated on your periodic statement will be credited to your account as of the business day we receive it provided (1) you send the remittance coupon portion of your periodic statement and your check In the remittance envelope provided and (2) your payment is received in our processing center by the time indicated on your periodic statement Please allow at least five (5) business days for postal delivery. Payments received by us at any other location or in any other form may not be credited as of the day we receive them. Our business days are Monday - Saturday, excluding holidays. Credit availability may be delayed in our sole discretion to ensure payment in good funds. If we accept a payment at some other place, we may delay the crediting of the payment for up to five (5) days. This may cause you te incur late payment fees and additional trance charges. and may result in your account being dedared to be in default Any minimum payment that Is due will be stated in your periodic statement You must pay at least the minimum payment due by the date stated in your periodic statement to avoid a late payment fee. However, you may pay more than the minimum payment or pay the balance in full. In any case, finance charges will confrere to be assessed during biting periods that you carry a balance regardless of whether or not your statement shows a mnkmarn payment due. We can accept lute payments or partial payments, or items marked 'payment in fur or other similar language, or payments with a request to apply the payment in a particular manner, without losing any of our rights under ths Agreement including our right to moaNe payment in full. No payment shat operate as an accord and satisfaction without our prior written approvel. AN written communications mrcamng disputed amours, including any check or other payment Instrument that indicates that the payment constitutes 'payment in tulr of the amount owed or that is tendered with other conditions or Inhkedons or as full satisfaction of a disputed amount must be coaled or delivered to Capital One, P.O. Box 85010, Rkthmad, VA 23285-5010. You will not make payments from funds obtained from the account or any other credit amount with us. 0 your payment is made to any other address, we may accept the payment without losing any of our rights. When you send us check(s) to make payment on your account you authorize us to make a one-time electronic transfer from your bank amount for fine amount of the check as indicated by numerical digits. This authorization applies to all check(s) received by us during the biting period even H sent by someone ese, who you agree Is your agent and was provided with these disclosures in advance. This autorization is not restricted by the date on to check and Includes resubmssions. We will not be band by any restictlve "cord or condition appealing on the lace or reverse side of to check. If we cannot process the electronic transfer, you authorize us to make a charge against your bank account by processing the dock, substitute dhede, draft or similar instrument We may adjust your account as appropriate to correct errors, returned items, rejected debt and similar maters. We may, in our sole discretion, offer an expedited payment service. You are not required to use this service. When you authorize us to process a demand draft, electronic ACH debit or other expedited payment method tot your amount we may charge you an expedited payment fee in an amount disclosed to you at the time of the service. We are not responsible for any dishonor of the payment by your depository imthrfan and may retain the fee in the event of such dishonor. It you give your amuurd number or other account Information to another person to make a payment for you or to ad on your behalf, you agree that we may discuss your account with that person and process the paymenl as I H were made by you. You further agree that you will be responsible for all consequences of payment or non-payment by such parry. including expedited payment realm payment. late payment and over limil fees. We reserve the right to refuse to accept payment on your behalf or to permit another person to ad on your behalf. Periodic Statement Each mouth that you have a credit or debit balance of more than $1 in you amount, we will send you a periodic statement as and when required by applicable law. The periodic statement will show all transactions billed to your amount during the billing period. The billing period Is the time from one statement dosing data through and including tie next statement dosing date. The statement dosing date determines the month of a specific biting period. For example, your January billing period is the billing period with the statement closing date in January. Finance Charge. You will be assessed finance charges as previously disclosed to you as part of the TILA Account Disclosures or as we will disclose to you H required by applicable law. Temporary Reduction in Finance Charge. We reserve the right to not assess any or all finance charges for any given biting period without waling the right to assess such finance charges In a rulure billing period. Other Fees and Charges. The following tees will be billed to the purchase segment of your account and will be treated as a purchase and applied against your available credit omit, unless otherwise specified, in every billing period in which they apply: () A late payment fee wit be assessed I we do rat receive your payment in time for it to be credited, as provided in this Agreement by the date stated in you periodic stalernent (i) an over limit fee will be assessed I the balance of your amount (or any segment of __---1r-- .... 005/13 your account) at any time during the biting cycle, for any reason, s greater than the applicable temporary or permanent credit regardless of whether you went over Omit as a result of a transaction, finance charge or any other lee or charge, even I approved by us); (Fit) a returned check fee will be assessed I we do not honor any account access check Id any reason; (w) copying charges for duplicate copies of transaction documentation or periodic statements will be assessed on a per-page bass. unless required for billing dispute resolution; (v) a retuned payment fee will be assessed it, for any reason, (a a check, draft or similar instrument is not honored or cannot be processed; or (b) an eleckonic debit is returned unpaid or cannot be processed. You authorize is to resubmit retuned payments in our discretion At our opton, we may assess this fee each tine your payment's not honored or paid, even il it is later honored or paid Joining resubmission. Any dnedk, draft or similar instrument may be collected electronically I returned for insufficient or uncollected funds. We may change any of these lees or charges, or add additional few and charges, as provided below. We reserve the right to waive any of These law without prior notification to you while maintaining our right to assess these lees going forward. Cash Advance Fee. I cash advances are permitted for your account a cash advance fee finance charge will be f) assessed each time you obtain a cash advance or cash equivalent transaction, () added to the cash advance segment of your aroord and (m) applied against you available credit Omit The amount of the cash advance fee finance charge will be added to other finance charges shown on your periodic statement for the purpose of calculating the annual percentage rate for that baling period. This may cause the annual percentage rate disclosed for that burg period to be greater than the annual percentage rate dosed to you. Membership Fee. I applicable, a membershp fee will be imposed in you first billing period, unless specifically slated otherwise. If the membership fee is assessed arnualy, it wit be assessed in he billing period in which each anniversary of the opening of your account occurs. If he membership fee is assessed monthly, it will be assessed in each billing period. The fee will be billed to the purchase segment of your account and will be treated as a purchase and applied against your available credit it* The membership fee will not be reMnded, in whole or in pad, even it you or we cancel the account. Transfer Fee. A fee will be assessed for each transfer of funds from your account to you Security Account that you request. The fee will be billed to the cash advance segment of your account and will be treated as a cash advance and applied against your available credit Ortdt Foreign Transaction Charge. For each transaction made in a country other than the U.S., or U.S. Territories, we will assess you a finance charge as previously disclosed to you as pad of the TMA Accost Disclosures or as we will disclose to you I required by applicable law. The fee will be based on the U.S. dollar amount of the transaction. Credit Bureau Information. You agree that we may obtain information about you horn credit repo" agendas or others at any fire and use it for the purposes of monibrig your credit perlornance, managing your account and considering you for new offers and programs. Security Interest The tens and conditions contained within this paragraph apply only I the application for On acconl stated pal the account will be a seared account You provided us with certain funds, which have been deposited in the Seanly Account To secure paymad of the balance of to account and al char amounts owing order he brtns of the Agreement and the Seedy Account Assignnent Agreement, you have transferred, assigned, pledged and granted to us a security interest in he Security Account all tots contained In the Seemly Account all proceeds of the foregoing and at proceeds of proceeds. This security merest Includes. without Imitation. the Initial funds that were placed no the Security Accamt any additional funds added to the Security Account by any person and any Interest earned to or accrued on he Security Account The terms of the security merest are sat font in the Sealy Account Assignment Agreement you exeakd. If () you deskdt or fall to abide by any of the tarns of this Jeernent or the Seeatry Account AssgnnsntAgreernent (r0) you dose you account or (!a we cancel your account for any reason, we may hen or thereafter. and without prior notice to you, exemse our security Interest by deducting from you Security Account the balance due on you account and all other amounts owing under the items of this to r coke such deduction from your Security Acc u t periodically we determine to be appropriate. Will sixty, days after the dale your account is dosed, we will send all remaining funds in the Security Account to the person legally entitled to receive them Future Offers. The terns of any fukae offer relating to he aaounf will be disclosed to you at the time the fifer Is made. It you accept an offer, the isms will become effective Immediately unless otherwise specified in the offer. Detauk We may. In our sole dsaedon, declare a default under this Agreement it. (a) we do not receive the tic amount of anmimmun payment on or before the dab it is due, (b) you exceed any credit Imlt or (c) an Awn used to make payment on you account Is not honored or cannot be processed, or an electronic debit to make payment an year account is returned unpaid or cannot be processed. To the extent permitted by applicable law. we may also. In our sole disaetun, declare a default under this Agreement ft. (1) you violate any, d the other hems of ths Agreanad or Security Account Assignment Agreement (I applicable), (2) we have declared you to be in file ault under the terns of any other agreanad with us or any of our affiliates, or (3) we determine that you made arty lase or moleadifl statements on your application for. or regarding the use W, the account or otherwise atempled to dehaud us, (4) bankruptcy or other Insolvency proceedings are instituted by you or against you or (5) you die or are daiared legally ancompelanl or incapacitated. At any time following any default under this Agreement (a after we give you any notice or right to are the default I required by applicable law), you will be subject to paying interest linanoe charges and other fees pursuant to the terns of this Agreement including any applicable default rare, even alter any judgment is obtained. Adddonaly, we may, at our sole option, (x) Omit or not allow you to make any new purchases or cash transactions on you aecoungs), (y) increraseey your mwmum . payment with applicable ca notice law as may be required your accco nl() applicable dend law m onedlia paayymen d the Imitation the entire ouMandig balance plus all other amounts owing under he ors of this Agreement and the Security Aooount Assignment AgmemenL To the extent pawed by applicable law, you agree to pay us all of our actual court costs, collection exposes and atbney's fees (whether paid to an attorney who is one of our employees or an attorney who is not one of our employees) incurred by us in the collection of any amount you owe us under this Agreement You also agree to pay us all of our actual costs the we Incur in mtrlevipg you cards. Including any rose we may mar by having your acoounf placed on a rwtrviced list Nothing in this paragraph shall be construed to waive or impede our right to require arbitration in accordance with the Arbitration Provision below. Account Cloture and Suspension of Credit Privileges. (1) We may, at any time, with or without cause, with or without advance notice, and regardless of the existence or non-existence of a default under this Ageement cancel the accoum and/or temporarily or pennanenily suspend your credit prvileges under fhis Agreement. I we cancel the account you agree to immediately destroy all cards and unused account access checks. (2) Your obligation to make =r t nd you other obligations under this Agreement will continue in hill force and after he account is canceled or your credit privileges are temporarily or permanently suspended. Cancellation of he account and/or temporary or pemmanem suspension of your credit privileges will not affect our security interest in your Security Account (I applicable) or our rights under the Security Account Assignment Agreement (I applicable). You can dose your account by caging our Customer Relations department with the number found on he back of your credit card or, if different the number stated in your periodic statement and requesting an accourd closure. You agree to destroy all cards and unused account access chess, cancel all preauthorized billing arrangements and cease using your card and account. If you do not cancel all preauthodied billing arrangements, you and we will consider our receipt of a preoufhodzed debit to your account to construe your authorization to reopen the account on the temp set forth in this Agreement and the Security Account Assignment Agreement (if applicable). Your account will not be dosed until you pay all amounts you cove us under this Agreement and the Security Aomunt Assignment Agreement (I applicable) hckdng, wihoul limitation. any purchase and cash advance transactions you have authorized, finance charges, late payment fees, over limit fees, returned check fees. returned payment fees, membership fees, cash advance lees, transfer tees, copying charges and any other fees charged to your account You are responsible for thm amounts whether they have been Incurred at the time you request a closure of the account or they are incurred subsequent to your request to close the account This may result In charges appearing on your accokmt after you have requested the account to be dosed and, n the account has already been dosed, the account will be reopened on the lens set forth in this Agreement and the Security Account Assignment Agreement (I applicable). For example I you authorize a purchase from a merchant and we receive the charge from the merchant after your account has been dosed, your account will be reopened, he amount of the charge will be added to your account and you will be responsible for payment under the terms of this Agreement and the Security Account Assi)nment Agreement (n applicable). The membership ice for your account will con Mam to be charged, to he extent pem itled by applicable low, until the entire accent balance has been paid in full, as described above. If the account is reopened, a new membership fee wit be charged to he account as slated above. ___ It you, acting as the primary cantndder, want to lemhinele a joint acmuntholdeu's or an authorized users amass to the account you must cal our Customer Relations deparbnehd and request then lerminetion. Immediately thereafter, you agree to destroy that person's card(s) and destroy any unused accent access checks in that person's possession There may be a delay in the effective date of the termination of that person's access to he account The account will be charged, and you and any)Dird acmunholdes will be resposble, for any charges hmtr the use of the card or the account by he joint accountholder or authorized user that occur prior b the effective date of the termination even t the charges do not appear on the account until a later time. N you are unable to destroy the joint aocaantholdefs or auhoized user's card(s) or to destroy the unused account access checks in that person's possession, and you cal our Customer Relations department to dose your account your account will be dosed in accordance with the preceding paragraph. Either you ardor the joint cardholder, il any. may apply for a new account. Changes In Terms. We may add to. remove. amend or charge any pan or provision of this Agreement i cludig the annual percentage rate(s) and any dangers, (including adding new provisions ??offy'th99e same or a different nature as the notice oof such amendment Agreement) charge )gatregnar by Federal law or Vigina a law (to the extant not preempted by Federal law) unless we had previously notified the customer that the account would be whiect to such anencirrent or dove without notice. Notice wit be mated to the last billing address indicated in our rends for the account However. no notice will be mailed il we previously had notified you that your account would be subject to such arrendrnent or change without notice. Changes In the annual percentage rate(s) will apply to your existing account balance from the effective date of the change, wheter or not the account balance ndudes transactions tilled to the attwd before the charge dale and whether or not you continue to use the account Charges b fees and other charges will apply to your account from the effective data of tae charge. Mavens!rsg Law. WE MAKE THE DECISION TO GRANT CREDIT, OPEN AN ACCOUNT AND ISSUE YOU A CREDIT CARD FROM OUR OFFICES IN VIRGINIA. This Agreement is to be construed In accordance with and porerred by the laws of the United States of America and by the Internal laws of the Commonwealth of Viugnla without giving effect to any choke of law rule that would cause the application of the laws of any jurisdiction other than Is Iowa of he United Stan of America or the internal laws of the Commonwealth of Virginia to the rights and duties of the pardas. This Agree n ant is made In Virgins. A will be poramed only by Federal law and Virgins law (o the extent nol preempted by Federal law). g a court decides not to enforce a part of this Agreement ifs Agreement will than read as if the unenforceable or Invalid part were not there, but the remaioing parts will remain in effect. Walvers. You waive he right to receive notice of any waiver or delay or pm5w&rmk demand, protest or dishornor and any right you may have to require us to proceed against another parry before proceeding against you. You also waive, b the extent permfted by applicable law, any statute of limitations defense for an additional period of time equal to the applicable knNatons period. Lost or Stolen Cards or Account Access Checks. It your card(s) or account access checks are lost or stolen or I someone else may be usig them without your pemnissbq notity us at once by calling the telephone number on the back of your credit taro or, I ctleramt ire telephone number shown on the front of your periodic statements, or by writing w at Capital One, P.O. Box 55015, Richmond, VA 23285-5015. You will not be fable in any amount for unauthorized use of your cards or account access checks. You agree b tell us at once I you charge your name, address, telephone raxnber or employment You agree to give us written notice of any change in you billing address at least 10 days before the flange. Changes may be written in the space provided on the rem1IIsnce coupon portion of you periodic statement or may be sent to the following address: Capital One, P.O. Box 85015, Richmond, VA 23285- 5015. If your account is a Pont account or n more than one person is permitted to use It you agree that ad notices regardag the account may be sent solely to the address sham on out billing records. Communlatons. We trey release information to others regarding the stabs or history of your account as set brh in the Capital One Privacy Notice, a copy of which has been provided to you. We may make inquiries of third parties in connection with maintaining and colecgrg your account and you authorize such third parties to reease information about you to us. We or our representatives may coned you from time to 8me regarding the account or to ask for additional Info rmation about you or your experience wilh Capital One. You agree that such contacts are not unsolicited. are not (united except as expressly requited by appfcable law and may result from contact Information you have provided or that is obtained from other sources. For example, we may contact you at your tome or place of employment cluing weekends or holklays, on your mobile telephone, veicemal or answering machine, and by email, tax, recorded message, text message or personal visit Except as restricted by applicable law, we may rnonior or record any calls we make or receive, suppress cater Identification services and use an automated dialing and announcing device. ARBITRATION. PLEASE SEE ENCLOSED "ARBITRATION PROVISION." PLEASE NOTE THAT THE TERMS INCLUDED IN THE ARBITRATION PROVISION ARE PART OF YOUR CUSTOMER AGREEMENT. 0 2005 Capital One Services, Inc Capital One is a federally registered service mark All rights reserved. D318-17-0305 ARBITRATION AGREEMENT M-75733 IMPORTANT: THIS ARBITRATION PROVISION IS A PART Of YOUR CUSTOMER AGREEMENT a You me ws agra Phis ether you a we may of either p"Y sole Pncedurilt and Law Applicable In Arollullon. This Mtilralion elerfiort require dui ably Claim (n7 dinned below) he resolved by Provision Is made fondant to a hamadloo involving interstate binding 1WO36M commerce and shall be governed by and enkvaaae under the federal IF YOU OR WE ELECT ARBITRATION OF A CLAIM, NEITHER "slier Ad "tic 'FM' 1. Ooesiions about wheihu arry Claim is subjed to arbitration shag R Inched by inks"in g this Arbitration YOU NOR WE WILL HAVE THE RIGHT TO PURSUE THAT Provisim in Use transient way t be enforced, consistent wile h CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO FAA and to ban M M MIallan o islan. The liberal. will apply PARTICIPATE IN A CLASS ACTION 08 ANY OTHER subsdUve law coma iall with the FAA and applicable statues of COLLECTIVE OR REPRESENTATIVE PROCEEDING. EXCEPT AS IimAafo s. lad the veldt and entorcema of am class action waiver SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. OTHER FUGHfS THAT YOU WOULD is a puslion for a tout d deal juisQhtial, rise an arteinaku. to deckle. The radiator may =any damages or other relief pointed HAVE IF YOU WENT TO COURT, INCLUDING THE RIGHT TO by applicable substantive law (oud will NO have power b review sex CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR mo7aahilly, a sevwap?y d the pmaprquh Consolidation m ' No t UNAVAILABLE IN ARBITRATION. THE FEES ASSOCIATED Joinder of Paniu'bela:). but Il asd sMDde hr mrc the rights and WITH ARBITRATION MAY BE HIGHER THAN THE FEES obI%js o aJy h named parties and only with raped to the ASSOCIATED WITH COURT PROCEEDINGS. Claiarc n arbenldaL The noes and ppsratWwn of the Administrator. which you ntay ob6in hen h Adnnishwor. stall timmi h Special Definitions to Ibis ArBllaDon Provision- Fa the wfiaaAn rrkat Gary nonAlc with this AaWration Provision, in which ion provision rArhibation Provision'). h purposes of tam east this Arbitration Provision will apply. The arbitrator will not be shall n b the definitions sal bdh in '(N mea bound and this Arbitration Provision shall not be subject to, IM ? ' rei yon Customer Agreement o ? , le or local rubs at procedure may evidence GW would appy, ' ih by CourL a 10 312111 a lout laws tat Mt* to arbhraton -Calm means ary data, eAalroversy a dhaphne d any lid a retire proceedings. You or we may have a hewing in arbBiaim. ART between you and us arbitration hearing go you attend in pariah will lake place at a location A This delintion batudes, without NmOafion, any Limon that it in Bbl Ndenl judicial district Nat Includes your laat-lnovm biting any way Prises Jrom a redeem to address or at spre ather place upon which you and we agree. You awe _ • the Agreennd and any d its arms (nluding any prior aprnmenat may be reyeawtled by cannel 1 you or we refusal. h arbAralr will bdween you and m a between you and any other amity Iran which honor alums of privilege recognized under applicable law and will we we wydred you acmud) best e"ods to piled confdedlal nlr ation(indudng hough the • Art ANNalton Provision limit " whatb n ay Claim is subject use of proem prowl. The arbitrator will edla my award in writing b araifion) and, at h Andy Request of either pay, will provide : wrlta satwrvat • she establishrteK, operation a termiPation of your accan of random M the award any jklorares, edwdsmnrss. pro rotia s in bear canrmrhlotioa • tn d i hi r p yr?a a m , w sBar they occurred before or Niter your Cosa. The party initialing arbitration will pay it* Initial Illg i ore You ? account war • my transactions a atenlpd ummliu s Involving yaw arrant the AdmindalihirS other ?'? N initial filing Fasts') un applicable • BIT biting Of COI-his MMWI elalig to your 3CCM rules at Ire Administrator. if you seek but do not quality fa, a waives, wt any pm*vof detlios(delsdnOFaMeMaCNdh)ayoaa¢alt • an coa a Vhi a dh d t will mHider any wrihn War by you for a topa5' reimburse you ' 2 y g c age o your account • Ba arc, imnnor or affair danger assessed to your account, at fa aft or pal d h AddaisBalB s fees. We also 1 pry or neiirehare you for all or pan at the AdmnesimM Fees B h arbllnla deumenes gad Calculation time is 9aad reason he us to do an. We will pay any lees and costs we • my pedlca. service or benefits program reread to or offered in we nganed to pay by dew. Otherwise, and except as provided in this conmllon A7111 your aamat (rcldin0 any IMUaaat, debt canaWBon or erard d l d ts d Apnsommi you and wo will bear at of our respeclive ke and cocoa a aefT a Ca rY an ary pro0raas. rehed. awards. swamsaks nldnbasAlps. discards or cm=m) wietE (Including Son A4dnislncorls Fns and GIN ae and costs totaling to afla a ys, experts aid wtresm). regardless of who ?s?Eih. Allocation • a not an o1Med. introduced. sold Or provided "rem of hoes and Covets reWinp to appeals In arbitration wiB h handed in the •aw excpt uasadsBarred ayitartmohh abatyouayphra®ad same mama • any oBi, maiden rddig to yaw amours or you refatronship with sQ ' of Partin. Na Consolidation loam" or The a of any 8. This dedniafon ./so bachMes, adf/aord finAaNnn, n A Claim h I an Insfividual Wall. am a l h • regardless of hoot a whn it is bought (fa console, i Initial sserted in sco d as class out a" percr at ma dah corterslalm oozstaim, W"WLg a Ghid-parry Wim) other repeyaaGK or collective union all parties Caalat • based an my I" of reed or "mom Preluding .may dioages rwbla you nor we rally join. comdidae Or dherwtse bring Corm and .1 11" of specific pvlormance a heikendire, dectratary in related to hro a mare insoma ts, individual; or aaaupolm in the other equlaae refill sae ahhllln Also, ulna ail parties easml, matte, you m we . • based an any them of law or equity l!wahading earoad tort baud, may pusue a days wJtohh. private :ROnry general action a oPm, eonlBdicn, statute. regulation, Sam= a wronged ads a npresmlalAe a collective action in arbitration. m may you or we mad= or any type. wildhw reglipeal nedsms or trkaltona) pursue each aclioe in Coat 0 arty parry has elected "room You will • rodeboyar o aymyarc mmecad wM you a daaahinp though a not have the Nat to ad as a des nepeaafive a participate c a Nor you beckadhg a eo;IpleLM a amaaed user d you a®cw4 member of a cuss d claimants with aspect to ary Clain as to which yaw apdd. your repeseatasa yaw bibs or a buatet in tonhvployj arbitration has barn eecled. • h vhch we mnuryy• h diHdy or hadndty gable trodia any h Includin «s arsdel aa edol or if g p Q (even are ale not lam. toy named at the lire the anim at made) wdyneat, Enlacement, Fanoely and Appeal. The ameralsin deca on ill b f l d t n i f • now In naterct a fW nay Vise in h wart. ragardless of whar, h g w e m an a n ng a terfdeen days unass you or an seek an appeal dhword by Orel a withen raghRY to the Administrator. fads and ck munes faat gin rise to h Claim occurred or when The appeal paid, which win consist d free arflaala I. will consider all h Claim zenm taclwl ad ugd won blew, will canoe! the tpyel in the same = • made is pad of a din 8:00A. Mv* aGorrey Qmnl action. or often mmrer M sea Yd'ai W and will .rake decisions haled an h represahglive a coNBCIM arlton which Clam SW pubc,ed an an "d h mijaly. The pmeh decision will he float and bulling. Any ndv 1 loves es ad hwth move fully in Bats Arbitration Provision final decision do h arbRaa an of On appeal panel is ardjd to jdida anew only as ad North model h FA M nand in ardaatfon will be Arbilnllen AdmlalstMas. One ot [be following arbitration enfnaNe Order the FAA by any court having jurisdcaon adnisisbale CAordalstrata- or. Cdecfisdy, 'AOmnislghas') will adntrkea the arWrallac Misallaoeoes, Wisher, Sarerability, Survival. B you or we do not elect abBra)wi or otherwise erdee ce phi Aranmm PrOASipn In JAMS comerDOUh withmy, pparticular Claim, you or we IRS riotwme any rlpmm ISM Man SL, SY. 300 to require arbitration in rnuadlon wM bad or any other Claim TM: brine, CA 91611 ' Arbitration Provision stall survive: (t) suspenshm, arminattm, www. ryusadncon avocation. Clsun a cherepes d Bill Agreement, Your eccaut and you ' relaladep with us: (fin) It banfuplq or insolvency d my Cory; a o An erion Arbilnlion Ass s (N) am lnnsur d your acxran, or any amou is owed on you aawd, 315 Media Are., Fop 10 Neer Yak NY 100174605 to wy afa pass a atty. h my porlon at this Arbifralam Rovsion at i d i ld wwwad.org t the wa a awdaaable Gov mailing patios of that Arbitration Provision shell nevertheless remain valid wat in ht". In the National Arbitration Forme evert d a Iaarifid or irancstency between that Arhnslln Provision and h ofa pavisias of this Agreement or any prim agreah,mt the P. D. Bbl 50;91 ArblrsHon Partaken shall govern A. aMampr Or *an sage of this Mir. apola, MN 55105 AWm ml and island daa reel may be used in place of h aagirefs wwermbtaliomfnneeon fa all wpm including IRpp"on You rry I tat Addriaatore to obtain irtanWim 1 76r= 3 C 1005 Caphel Ore Services. Inc. Capital On•- is a ederaly heffislen:d a 1 .1 . a 10A nks and pnadues. be schduus and swyias mark All if" asserted. se Eledioa lad Initialie of Arbitration. You or wer way elad wflration under Bea ArbAraGm Provision with raped In any ClailA even A $e Clam is Pmt d a heasul brought it mud YBP a we may main a motion or equip in cart in mnpd arbitration of ay Claim bo r as Pm Of any twain Ye war nut dart in IRW* utft im of ay mehrouoM nor" cairn convert (a Gov equfwl,dl. so lwq as Gov Gsim a nlbacoA Is madesde'onbOWtdm kid ' ail a ioid acoeuA holder ands bid made a pid d a class acdm. private aA-my genera wEen a atlur a colledivt KOM You and ON must flaw New Rft of h Aorridsea nits to initiator wb1rIaa B your adlgle arbitragers, you may dense ore a h Administrators. Will you naat mar us any Mka rpuhed by the AdminsbaW n P.O. Bat RM. RkWvW. VA 232115 5--.. B R nttiae abWon, re ail dam am ad Got Administrators. will we all Deli you my, "dim ragdned tie Admirifter to you last-emorm filing 0 wt have staled arbitr tio ill 11 n. we w a dargn to ..= . you Rfew B rally Ur he twang a Or moue you add6S wphn Rears days d the date d my rsac we seat yon d as Q ? T "? = S' 3 C(O SHERIFF'S RETURN - REGULAR CASE NO: 2008-05507 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL ONE BANK (USA) NA VS FAROOK SHEYARD F SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon pARnnK g9RVAPn P the DEFENDANT , at 0915:00 HOURS, on the 20th day of September, 2008 at CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge iolnlOF4, V, Sworn and Subscibed to before me this of So Answers: 18.00 5.00 .00 ? 10.00 R. Thomas Kline .00 33.00 09/22/2008 GOLDMAN WARS By: ?. day Deputy Sheriff , A.D.