HomeMy WebLinkAbout08-5822NAN16457
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.
JAMES M FISCHER JR
2117 PRINCETON AVE APT 6
CAMP HILL PA 17011-5447
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 08- C?BaU 0,1 I l a r m
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 and/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 as of September 18, 2008 there remains a balance
due in the amount of $1,540.03.
5. Plaintiff has made demand upon the defendant(s)for
payment of the balance due of $1,540.03 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 May 5,
2007.
WHEREFORE, plaintiff claims of the defendant(s) the sum of
$1,540.03 plus applicable costs, interest and attorney's fees.
Goldman & Warshaw, P_.C.
BY:
Jeffrey M. Pa?Ja, Esquire
Attorney for ntiff
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 M. rr lla, Esquire
Attorney fo P intiff
EXHIBIT "A"
NAN16457
CAPITAL ONE BANK (USA), N.A.
JAMES M FISCHER JR
368
AFFIDAVIT
ka U&Vis
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;
M 2. I have personal knowledge of the facts and circumstances in connection with this case;
in
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 368 in the amount of $1,279.72; 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.
(Name of Affiant)
Sworn to and Subscribed
JUL 02 2008
before me this _ day
of .2008
No u
Oud,ey ium
No,.- Put k, D0 Ccun!y. Georgia
My Cornet -,;;or Wire., January 19, 2009
CUSTOMI
Welcome to Capital One.e We are pleased to have your credit card account This
Caslomer Agreement contains information about your account Please read h and keep h
for your records. Your contract with us for the card and account ('he Agreement)
consists of this Customer Agreement, together with any changes to this Customer
Agreement grist we make as provided below, the Security Account (A applicable), the
Seamy Account Assignment Agreement (k applicable). Capital One Privacy Notice, any
account disclosures provided and delivered to you prior to or at the time your account
opened, hxiud'ng disclosures pursuant to requirements of Truth in Lending Ad
(herehafW'TI A Account Disclosures'), 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 signature) on any application, sales slip or other evidence of
indebtedness on your account In this Agreement the words you; 'Your and 'yours'
refer to each person who signed the application for the amount (each, a 'j int
accountholder') and to anyone else who is authorized to use the account in any way
(each, an 'Authorized Uses. Except as specifically slated herein each of you is
Individually and jointly obligated under this Agreement The words Va.''us' and 'out"
mean Capital One Bank and Its successors, assigns, agents and/or authorized
representatives. If the application lot the account stated that the account will be a
'Security Account' this means the Nods you have pledged to us to secure your account
This Agreement and the Security Amount Assignment Agreement (k applicable) do not
005/13
=R AGREEMENT
oedh limit even h time transactions result in an over lima fee, and those
transactions and fees wit be subject to this Agreement and the Security Account
Assignment Agreement (d applicable). Any transactions honored in excess of your
credit fimh will not resuh in an increase of your oedil limit unless we expressly
nothy you otherwise.
Additional Benefits and Services. From lime to time. we may oiler you benefits
and services with your account These benefits and services may be provided by
us or third ponies. Unless expressly made a part of this Agreement, and except as
provided in the Arbitration Provision below. any such benefits and services are not
a pan of this Agreement and are subject only to the terms and conditions outlined
in the benefits or services brochure and other official documents provided to you
with resped to the benefits and services. We may adjust add, or delete benefits or
services at any time in accordance with the brochures or comments you receive.
In addition, any such benefits or services offered to you n the most current version
of the 'Guide to Benefits' stag replace and supersede the benefits and services
that had been offered to you in at previous versions of the 'Guide to Benefits;
without turner 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.
apply to any other Capital One Bank account that you may have, ether now or to the
future, except as provided in he Arbitration Provision below. Unless you have entered
info a Security Amount Assignment Agreement with us, the account is unsecured. Except
as provided 'n the Security Account Assignment Agreement (g applicable). the account is
not secured by any other property. regardless of the terms of any diner contract to which
you and are are subject We an 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 account the Sectxity Amount (1 applicable). the
Security Account Assignment Agreement (t applicable) and/or our this under this
Agreement to an assignee. The assignee will take our place under this Agreement the
Scanty Account (1 applicable) and he Security Amount Assignment Agreement (d
applicable) with respect to the agreements and interests transferred. The assignee may
or may not be an affitate of Copilot One Bank You must pay the assignee and otherwise
perform all d your obligation under hose agreements. You may not transfer your
account or your rights under Tts Agreement. the Security Amount CO applicable) or the
Security Amourd Assignment Agreement (h applicable) to any person or entity without
our express prior written consent Subject b he preceding sentence, this Agreement will
be binding and inure lo the benefit of your and our resperAve successors, assigns and
representatives.
Using Your Account You an make purchases and obtain ash advances it cash
advances are an option for your acmuntl by using your card, amount camber and any
accowl access checks (Including Purchase Checks. Convenience Checks, Special
Tramief Checks and other similar sheds) that we may send to ycu. Addittorally, you
may request a slop payment on account access checks, but we reserve the right to
charge you a fee tot such services. When we provide you with account access checks.
we w81 kit you w 00 they will be Insisted as purchases. ash advances or special
transfers. Unless we leg you otherwise, Convenience Checks WIN always be treated as
cash advances. We may establish different segments for you account such as a
purchase segment a cash advance segment and a special transfers segment Each
segment may be sub)ed to lemons and conditions that are different than those that are
applicable to otter segments.
Our liability. I any, for any wrongful dishonor of an accamt access check is Imled to
you actual dernages end shall not include any consequential damages, and In no event
will it exceed the amoud of are check
You agree rid to use he card or account in connection with any Internet or illegal
gambling transactions, but any Internet or illegal gambling transactions in which you
engage wills do card or account nevertheless will be subject to this Agreement and the
Seamy Amount Assignment Agreement (t applicable).
Your card and amount may only be used for wall and lawful purposes. t you use, or
authorize someone else to use, the card or amount for any unlawful of Impermissible
purpose, you will be responsible lot such use and may be required to reimburse us and
MasterCard nlere0mal Incorporated 'MaslerCerd' or Visa S Inr. Vsa; as
applicable, or their successors for at amouts or expenses that or they pay as
result of such unlawful or imper n issble use. In any event any unlewkii or Impermissible
transactions in which you engage with the card or account nevertheless will be subject to
this Agreement and he Security Account Assignment Agreement (l applicable). You
agree hat we are not responsible l anyone refuses to honor you card or arrant
If you had a prior credit ant or otter amount with us, or such an axaat or balance of
such an account was transferred to us or one of our atlliates. and you agreed b reinstate
the balance of the prior account in the form of your new account. the new account wig
amore finance changes from the date that Ova new account is opened.
Authorized uses are not financially responsible for he account An authorized user may
use a credit card. an request certain account information and can request to be removed
from the amount Subject b our discretion an authorized user may not be able to Inflate
certain actions on the account You agree lo provide us with information identyirg any
person you autarize to use your account, including their name, address, date of birth
and other Identifying nkxmaton we may request
Exchange Rate. II you make a transaction in currency other than U.S. dollars. VISA
International or MasterCard International will convert the charge or credit into a U.S.
dollar amount h accordance with their operating regulation or conversion procedures in
effect at the time the transaction is processed. VISA nlemabonafs regulations and
procedures provide that effecive April 2. 2005, he exchange rate between tie
transaction currency Ord the billing currency used for processing International
transactions is ether (1) a rate selected by VISA from the range of acceptable rates in
wholesale currency markets for toe applicable central processing data, which rate may
vary from the We VISA ttsel receives or (2) the govemnrnl mandated rate In effect for
the applicable central processing date. MasterCard Internatorers regulations and
procedures provide the currency conversion rate l uses is either (1) a wholesale market
rate or (2) a government mandated rate in effect on [he day d the central processing
date.
Cash Equivalent Transactions. If cash advances are an option for your account you
can use you amount to purchase certain hems that we regard as 'cash equivalent
transactions.' At cash equivalent transactions will be treated as ash advances and will
be billed to the cash advance segment of your amount Cash equivalent transactions
include, without limitation, to purchase of wire transfer money orders, bets, lottery
tickets, casino gaming chips and other similar products or services. Nothing in this
paragraph will be interpreted to validate any transaction that is unlawful or impermissible.
Your Credit tdmit. Your vital credit limit will be disclosed when your account is opened
(or activated). Eghet Initially, or at any later time, we tray establish different credit limits
that apply to dfAerenl segments of your amount (such as purchases, cash advances and
special transfers). Your current credit imfts will be identified in your periodic statements.
You agree not in allow the balance of your account (including all transactions, finance
charges and other fees or charges). or the balance of the applicable segments of you
amount. to exceed the applicable credit limits. It you have been given the option to
increase your credit limit by adding funds to your Security Amount (if applicable),
reserve the right rat to increase your credit limit l the additional funds are provided while
your account 'sin default. We may increase or decrease you credit limits at any time
without prior notice to you, may temporarily increase or decrease your credit fhmits at any
time without prior notice to you. may limit the credit limit to 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 pay us and are gable lot all amounts due
resulting from the authorized 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. dolars. Payments made by a check. money order or other
nagotable instrument (an'lem') must be in a form acceptable to us and be drawn
on a U.S. financial 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 any way we determine, including balances
(including new transactions) with lower annual percentage rates (APRs) before
balances with higher APRs.
Payments you mat to us at the address for payment staled on your periodic
statement wit be credited to your amount as of he business day we receive it
provided (1) you send he renu0ance coupon portion of your periodic statement
and your check In the remitlance 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 lorm may not be credited as of he day
we receive gem. 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 amepl a payment at some other place. we may delay the credifing of
the payment for up to five (5) days. This may cause you to incur late payment lees
and additional finance charges, and may result in your account being declared to
be in default
Any minnaan payment that Is due will be stated in your periodic statement You
must pay at least the mininxmh payment due by the date stated in your periodic
statement to avoid a late paymerd fee. However. you may pay more than he
minimum payment or pay the balance in full. In any case, finance charges will
continue to be assessed during bung periods that you carry a balance regardless
of whether or not your stakernanl shows a rnininum payment due. In
We can accept late payments or pardal payments, a lens marked *payment
Nit' or other simlar language. or payments with a request to apply the payment in
a particular roamer, without losing any of our rights under this Agreement
including our right to receive payment in full. N? ayymenwaoperralte as an
accord and satisfaction without our prior other
communicatias mrwemIIrgg disputed amounts, including any check of
payment instrument th01 ind'eetes that he payment constitutes "payment in NN of
he amount owed or that is tendered with other conditions or firrhkalions or as fug
satisfaction of a disputed amount mist be mailed or delivered to Capital One. P.O.
Box 85010, Richmond. VA 232855010. You will not make payments from funds
obtained from he account or any oher credll account with us. If your payment is
made to any other address, we may accept the payment without losing any of our
rights.
When you send us dhedc(s) to make payment on your account you authorize ins to
make a One4k a electronic transfer bum your bank amount for the amount of he
died as indicated by numerical digits. This authorization applies to all check(s)
received by us dung the thing period even it sent by someone else, who you
agree Is your agent and was provided with these disclosures in advance. This
authorization is not restricted by he dale on he check and Includes resubmission
We will not be bound by any resalctlve legend or condition appearing on the face
or reverse side of he check it we cannot process the electronic transfer, you
authorize us to make a charge against your bank amount by processing the check,
substttule check draft or similar instrument
We may ad)sl you account as appropriate to corned errors, relumed lens.
rejected debits and similar mothers.
We rimy, In our sole discretion titer an expedited payment service. You are not
required to use this service. When you authorize us to process a demand draft
electronic ACH debit of other expedked payment method for your account we may
charge you an expedited payment fee an an amount disclosed to you at the time of
the service. We are not responsible for any dishonor of the payment by your
depository institution and may retain the lee in he event of such dishonor.
t you give your amount number or What account niomation to another person to
make a payment kN you or to ad on your behalf, you agree that we may discuss
your amount with that person and process the payment as k it were made by you.
You further agree that you will be responsible lot all consequences of payment or
non-payment by such party, including expedited payment return payment. late
yobehalf your or to permit another person to ad on your behalf. to accept payment on
Periodic Statement Each month that you have a credit on debit balance ol more
than 51 in your account we Will send you a periodic statement as and when
requited by applicable low. The periodic statement wig show all transactions blged
to you account during the hiing period. The biting period is the are Irom one
statement dosing date through and including he next statement dosing dale. The
statement dosing date determines the month of a specific biting period. For
example. your January bil rig period is the billing period with the statement closing
dale 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 it required
by applicable law.
Temporary Reduction in Finance Charge. We reserve the right to not assess
any or all finance charges lot any given billing period without waiving the right to
assess such finance changes in a future billing period.
Other Fees and Charges. The following fees will be billed to the purchase
segment of your account and will be treated as a purchase and applied against
your available credit ffmh, hngsss otherwise specified, in every billing period in
which they apply (i) A fate payment fee Will te assessed l we do not receive your
payment in time for it to be credited. as provided n this Agreement by the date
stated in you periodic statement (l an over limit fee will be assessed it the
balance of your account (or any segment of
_ -r , ..
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005113
your account) at any lime during the bitting cycle, for any reason. is greater than the
applicable temporary or permanent credit hurl (regardless of whether you went over Emil
as a result of a transaction, finance charge or any other fee or charge, even t approved
by us); M) a returned check tee will be assessed it we do not honor any account access
check for any reason; (w) copying charges for duplicate copies of transaction
documentation or periodic statements will be assessed on a per-page basis, unless
required for billing dispute resolution: (v) a returned payment lee will be assessed it,. for
any reason, (a) a check, drab or sindar instrument is not honored of cannot be
processed; or (b) an electronic debit is returned unpaid or cannot be processed. You
authorize us to resubmit returned payments in our dhscreton At our option, we may
assess this lee each time your payment 4 not honored or paid, even t it is later honored
or paid following resubmission. Any check, draft or simtte instrument may be colleded
electronically t returned lot insulfloeni or uncollected funds. We may change any of
these fees of charges. or add additional fees and charges, as provided below. We
reserve the right to waive any of these lees without prior notification to you while
maintaining our righl to assess these fees going forward.
Cash Advance Fee. t ash advances are permitted for your account a cash advance
fee fiance charge will be (i) assessed each time you obtain a ash advance or cash
equivalent transaction, (i) added to the cash advance segment of your account and (7
applied against your available cedi kmt The amount of tlhe ash advance tee 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 billing period. This may cause
the annual percentage rate disdosed for that billing period b be greater than the annual
perrar Caga rate disclosed to you.
Membership Fee. It applicable, a membership fee will be imposed in your first burg
period, unless specifically stated otherwise. If the membership fee is assessed annually,
it will be asamed'n the billing period in which each anniversary of the opening of your
account oomm. II the membership fee is assessed monthly. it will be assessed in each
billing period The ice will be tilled to the purchase segment of your amount and will be
treated as a purchase and applied agairst your available credit fmmT The membership lee
will not be refunded, in whole or in pan, even I you or we cancel the amount.
Transfer Fee. A fee will be assessed for each transfer of funds from your account to you
Security Amount d l you request The lee will be billed to the cash advance segment ?
your account and will be treated as a ash advance and applied against you
credt unit.
Foreign Inumacton Charge. For each transaction made in a country other than the
U.S., or U.S. Terribries, we will assess you a finance charge as previously disclosed to
you as pad of the TIA Account Disdaskaes or as we will disclose to you t 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 from
credit reporting agencies or others at any time and use it for des purposes of morn brig
your crecift performance, managkg you account and considering you for new offers and
programs.
Security Interest The lens and cor lidonxs contained within this paragraph apply only If
the application lor the amount stated that the amount will be a secured account You
provided us with certain kids. which have been deposited in the Security Amount To
secure pay"WA of the balance of line emwnt and all other amounts owing under the
wall, have
terms of tna Agreement endd the Security and granted to usf a security interest in the Security .
tzrisfe udsnod, PMB
Amount t all at kids contained In the Scanty Arxaurht all proceeds of the foregoing and all
proceeds of proceeds. This security interest Includes, without Inflation. the initial units
that were placed inb the Security Acmunl any additional funds added to the Security
Account by any person and any Merest earned to or accrued on the Sepalty Amount
The terns of the sepnty interest are set orth in the Security Account Assignmett
Agreement you executed. If it) you default or fag to abide by any of the tennis of this
Jreemest or the Socially Amount Assignment Agreement (a you dose your account or
we canal your amount for any reason, we may then or titer, and without prior
notice to you, exercise our securiy Interest by dedudig ban you Security Amount the
balance due on you account and all other amounts owing under the isms of this
Agreement and the Security Account Assignme t Agreement, We may exercise this right
to make such deductions from your Security Account periodically as we deiermine to be
appmpdete. Within sixty, days after the dab your amount is dosed. we will send all
remalift Mors in the Security Account to the person legally entitled to receive them
Future Offers. The tams of any future offer retailing to the amount will be disclosed to
you at the tyre the offer is made. 11 you accept an offer, the lens will become effective
immediately unless otherwise specified in the oiler.
Default. We may, in our sole discretion, declare a default under this Agreement it. (a) we
do not receive the full amount of any minimum payme d on or before the date it is due,
(b) you exceed any path limit or (c) an iem used to make payment on you amount Is
not honored or cannot be prooessed. of an electronic debit to make payment on yew
account is repined unpaid or cannot be processed. To the extent pemlted by applicable
law, we may also. In our sole discretion. declare a del" under this Agreement N (1) you
violate any of the other burs of this Agreernart or Security Amount Assignment
Ageemenl (1 applicable), (2) we have declared you to ba determine that made lemis at
any other agreement wih us or any of our alMales, or (3) in you
airy false or misleading statements on your appgaton for. or regarding the use of. the
amount or oberwise attempted to defraud us. (4) bankfuplcy or other insolvency
proceedings an instituted by you or against you or (5) you die or are declared legally
incompetent of ncapactated. At any time obwng any default ceder this Agreement (a
after we give you arry olioe or right to cure ft de ult n required by applicable taw), you
will be subject b paying interest finance charges and Or lees pursuant to the Was, of
this Agreerthanl including any applicable default rate, even alter any judgment Is
obtained. Adddonaty, we may, at our sole option. (x) fmi or not allow you to snake any
new purchases or cash transactors on your amount(s), (y) increase your minimum
payment with such notice as may be required by applicable law or (z subject o the
limitations of applicable law, dose your amoungs) and demand ' hate payment of
the entire outstanding balance plus at other amounts owing under the terms of this
Agreement and the Security Account Assignment Agneemenl
To the extent permitted by applicable law. you agree to pay us all d our actual court
costs, conedion expenses and atbmey's fins (whether paid to an attorney who is s one of
our enpoyees a an allomey who is not one of our employees) inured by u
collection of any arrouit you are us under this Agreement You also agree to pay us all
of our actual costs that we scut in retrieving your cards. Including any costs we may
incur by having your amount placed on a restricted list. Noting in this paragraph shall be
construed to warve or impede our right to require arbitration in aoordince with the
Arbitration Provision below.
Account Closure and Suspension of Cred'h Privileges. (1) We may, at any lime, with
or without cause, with or without advance notice, and regardless of the existence or
non-existence d a delaut under this Agreement cancel the amount arhdbr temporarily
or permanently suspend you credit privileges under ills Agreement If we canal the
accounL you agree to Immediately destroy all cards and unused amount access checks.
(2) Your oblfgalon to make payments and your other obligations under this Agreement
will continue in full force and effect after the amount is canceled or your credit privileges
are lemporarty or permanenty, suspended. Cancellation of the account andlor temporary
or permanent suspension of your credit privileges will not affect our security interest in
your Security Account (tt applicable) or our rights under the Security Account Assignment
Agreement (if applicable). You can dose your account by calling our Customer Relations
department with the number found on the back of your credit card or, t different. the
number stated in your periodic statement and requesting an amount closure. You agree
to destroy all cards and unused amount access checks, cancel all preauthorized billing
arrangements and cease using your card and account. If you do not cancel Ell
preauthodzed billing arrangements, you and we will consider our receipt of e
preauthorized debit to your account to constitute your authorization to reopen the
account on the terns set forth in this Agreement and the Security AcouM
Assignment Agreement (if applicable). Your account will not be dosed until you pay
all amounts you owe us under this Agreement and the Security Account
e
Assignment Agreement Id applicable) inducing, without fmnita?, any purchase
and cash advance transactions you have authorized,
payment lees, over limit lees, returned check lees, returned payment lees,
membership fees, cash advance tees, transfer lees, copying charges and any
other fees charged to your account. You are responsible for these 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 The may
result In domes appearing on your account after you have requested the account
to be closed and. I the account has already been dosed. the account will be
reopened on the tams set forth in this Agreement and the Security Account
Assignment Agreement (t applicable). For example. it you authorize a purchase
from a merchant and we receive the charge from the merchant aber our account
has been closed, your account will be reopened, the amount o U will be
of
added to your account and you will be responsible for payment
this Agreement and the Security Account A"nurrient Agreement (d applicable).
The membership fee for your account will continue to be charged, to the extent
Permitted by applicable law, until the entire account balance has been paid in tut.
as described above. If the account is reopened, a new membership fee will be
charged to dre account es slated above.
If you acOnp as tie primary andhotder, want to terminate a joint accountholder's
or an authorized user's access to the account, you mast cal our Customer
Relations department and request that termination. Immediately thereafter, you
agree to destroy that person's card(s) and destroy any unused account access
checks in that person's possession There may be a delay in the effective date of
the lennlnaton of that person's access to the account The amount will be
charged. and you and any pion acmuntoldes will be nesponsble. for any charges
tinm?h the use of the card or the acnund by the joint accountholder or autlwrized
user that occur prior to the effective date of the termination even t the charges do
not appear on the amount unlit a later time. N you are unable to destroy the joint
amowthoWer's or eUhafzed user's card(s) or to destroy, the unused account
access checks in that person's possesslon, and you al our Customer Relations
department to dose your acmul your account will be cardholder, i i apply
any. may accordaanc w ith
the preceding parag phh. Either Y ? the join
for a new account
Changes In Terms. We may add to, remove. amend or change any part of
provlsm of this Agreement inducing the annual percentage rate(s) and any
charges, (Including adding new provisions of the same on a different nabim as the
existing provisions In this Agreement) at any time. If we do so, we will give you
notice of such amerdrrhent or charge I requYea by Federal law or Virginia law Ito
the extent not preempted by Federal law) tmkss we had previously notified the
customer that the amount would be subject to such amendment or change without
notice. Notice wit be mated to Ine last ikng address fndcaled T ad ru ysfor
the acmut However, no notice will be mailed 1 we previmusN
that you account would be subjedto such amendment or change withoue.
Changes to the annual ratals) will apply to your existing account
balance from the aftedive date of the charge, whether or not the amount balance
includes transactions billed to the account before the change date and whether or
not you mflirne to use the account Changes to lees and other charges will apply
to your amount from the effective date of the change.
Governing 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
governed by the law of the United Stales of America and by the internal
laws of the Cornmonwesllh of Virginia without glvkV effed to any choke of
law rule that would cause the applation of fro laws of any Jurisdiction other
than the laws of the United Stiles of America or the Internal lam of the
Commawvealth of Vmginis to the rights and duties of the parties. This
Aggreement is made In Virginia. It will be veined only by Federal law and
Virgkls law Per the extent not preempted Federal law). N a court decides
not to enforce a part of this Agreement Ili s Agreement will then read as if
the hnhnforceabk or invalid part were not there, bull the remaining parts will
remain in effect.
Waivers. You waive the right to receive notice of any waiver or delay or
presentment ch rnand, protest or dishonor and arty right you may have to require
us to proceed against another parry before proceeding agairst you. You also
waive, to the extent permitted by applicable law. any stabile of limitations defense
for an additional period of time equal to the applicable limitations period.
Lost or Stolen Cards or Account Access Checks. It your card(s) or account
access checks are lost or stolen or t someone else may be using t ern without
your permission, notify us at once by calling the telephone number on the bad of
your credit card or, 1 different the leleth one number shown on the front of your
periodic statements. or by writing is at Capital One, P.O. Box 85015, Richmond.
VA 23285-5015. You will not be table in any amount for unauNorized use of your
cards or aaoud access checks.
You agree to fell us at once if you change your name. address. telephone comber
of employment You agree to give us writer notice of any charge in your biting
address at least 10 days belore the change. Charges may be written in the space
provided on the remittance coupon portion of your periodic statement or may be
sent to the following address: CaphA One. P.O. Box 85015, Richmond, VA 23285
5015.11 your amount is a joint account or i more then she person is permitted to
use it you agree that ON notices regarding the amount may be sent solely to the
address shown on our billing records.
Communications. We may release information to others regarding the stabs or
history Of your account as set forth in the Capital One Privacy Notice. a copy of
which has been provided to you. We may make inquir es of third parties in
connection with mainlanvg and collecting your amount and yon authorize such
third parties to release information about you to us. We or our representatives may
contact you from time to time regarding the account or to ask for additional
Information about you or your experience with Capital One. You agree that such
contacts are not unsolicited. are not Wiled except as expressly required by
applicable taw end may recut from contact Inlonmation you have provided or that L
obtained from other sources. For example. we may contad you at your home or
place of employment during weekends or holidays, on your mobile leiephone.
voicemai or answering machine, and by email, lax. recorded message, text
message or personal visit. Except as restricted by applicable law, we may montor
or record any calls we make or receive, suppress cater Identification services and
use an automated dialing and announcing device.
AT NOTE PLEASE THAT THE E TERMS ENCLOSED INCLUED NA THE N
PLEASE RBRRAIIION
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 15 A PART Of YOUR CUSTOMER AGREEMENT
a • • •
You all we ap•m fW IN. You or we envy. a rift, pa lys sop
election, "Quiet ra any Cash- (a dome below) be rew d by
Wrist albihNiOn
IF YOU OR WE ELECT ARBITRATION Of A CLAIM, NEITHER
YOU NOR WE WILL HAVE THE RIGHT TO PURSUE THAT
CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TD
PARTIC IN A CLASS ACTION OR ANY OTHER
COLLECTIVEEOR REPRESENTATIVE PROCEEDING. EXCEPT AS
SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE
FINAL AND BINDING. OTHER RIGHTS THAT YOU WOULD
HAVE If YOU WENT TO COURT, INCLUOING THE RIGHT TO
CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMI7ED OR
UNAVAILABLE IN ARBITRATION. THE FEES ASSOCIATED
WITH ARBITRATION MAY BE HIGHER THAN THE FEES
ASSOCIAIED WITH COURT PROCEEDINGS.
Spe[aal Definitions lie Ibis Arallrado. Praviaian. For the
purposes of this arbitration provision rArhibdfon provision'). The
folbwtng ddinnon stall apply in addition b ON derinl'mrs sit Job in
you Calome Agrmrenl (-AI"eenenYl
-C"im' mans aty dalTa connwesy, a li spilt of try Yid a man
between you and Us
A TAB &-fiM on Includes, wifhous 11-0-601. any Caien that is
any ray arises Irons or rtares to.
• the Agnesmanl and try d NS hams (adudng pray prior aoreenlenls
Mmnm you and us a between you and try differ enthy Ban which
w RaN'ved Tau account) -- - - _. .:
• this A.rCNalbn Provision (ndud'og 01910 ally Claim a sullied
to rntalion)
• she nablishnlaul Dpmatim a harm ation d YU acrnaa
, lswmh peacotnm a agar `N"pu lCI6=
• any dhdoaress dftr
Idwrg to yes atom, Mather they ommil bdae a after your
aeaaA va apfflad
• any iamacliom a Hlengled transitions involving four amount
• any altg a Iar%W= mNlM Itaft to tar afntae
•tol mWm(Kk qypA aiwaacmdb)IDYWSMM
anJ Dodds SWAM
m Mts. WOW a dim EW96 assured to your KCOUk a
Ilia akarbn
• any products. services or benefits ppogroms resod to a plod in
mnmJIspn with your account Elrclud'Hg any Inauame, died
LmNaRal a mknded Serene WPM and any WOW=. 'chits.
.ds. swwalsales. sambershps. dlscarM of Carolina) wheRar
a note dMacL ka rodamd, sold or provided Ihem
• err rsapt Lea a dsC®seOt any idomaft abodya or your stet
• arty Ann ma0ea relwMg k your amount a your Relationship whin m
B. This deAnisfon also incudrs. udrhouus Bmhadm. Jury (Jain
• rep-am Of hoc a whim N is brought (la sample as an Irdkl
cam. co rimcWm, ams-ckNrt nMDkedag a Btr6pNP calm)
• Oasis On any Ihmy at area or d.ro9a (Ndudig natty damns
and arty earn at spadfc Paid amasas or Inirddeekcbory a
dine equitable "fM)
- based an am NM of W or MAY ``kdud'ng cadnd bVL Yard.
corMBUion. sake. n e"011. oiOtwhoe a wonp)al ads an
-&bytbyy d.atoeoyany.dlamnrdd whesiltedlwthMym rindo aseraMlf)
(code e 01 YCo UrahmL9na
knegi
or a ea l
for you (am . y0ler g ar coapplnrt a aterind ssa d Yom
tall epee, year repmenativt Yoa heirs or 7 Ylkam in bMlRUptty)
• bar ncch wemry : directly a in" Nat ulbm am &M
including lespabrat sW[AD, a (Ann It A are flu aoDm
mead at Bar yea the Can is leads)
-'wn nkltJC! o NW rlaY eke in she cue, mpdm of whn tie
ads and droAnaaxes MN BM Ise Ill IM CCtrn DMWMd a Wtlal
der Cam accred
- mad as pad 011 des KDOR. Pt#* alatNy general action, of ode
V6rdlIel basis as set bass ant 1eAS ? n Ws ain AntilleI' prWar M
h
Arbitration AdMIAatrMas. ON of the lollowing arbitration
admristdoa (Aadnlifala' W. ObIl lvey. -Adminisheus7 will
adentdsta the arakdiorc
JAMS
1920 Man SL. Sk 300
Irvne, CA 92614
ww imead.e"
Asia A'a. Arbilnlba Aa'n
335 Madism Art. Rom 10
New York NY 1001746M
www ad.aq
Rd1uN AralbatlaA Fortin
P.O. B. 50191
lilint upofis. MN 55105
.abirelion-brunncom
Ya m?' annad ay d N Admi,iArras In otAan ffftwo m
I
Taal abNalYJll. aaNRlba Idn and =036urts. In schedules and
ciains form
Procedures and Lew Appllable I. Ahtslnilon. Irk Anabellon
pro M,al is made pasuaa to a banvcliian involving "Nskle
cmrma and shall be gwened by led emNwcablt under IN Federal
Anastasio, Ad phe -FM'. OutYiar abed wneft any Cain as
subject to a obaton shA resohed by eirprelirIl this Alatalion
PrDaiw0 N De broadea n ':%' t[land. cros:sttnl will tlt
FM and the Man d dds Arbhamislon. Tht a,Vl*kl will argy
shdesandw kw consistent With W FM mb 41paaae stwala Of
lina, ors. bur he nNdry end "gWeRma d any cam xlipn waiver
is a question for a Coal a CompNea jnadtlial roe in arbilaba to
deckle. The tooth may award any damapa a olhm Mrs yo rmi ird
by affable eabroft dew find will xa have power b review tie
aaoaaabrTiy a severabifi d If* paragl Dh 'No COnsdldtnon a
Jdaba at pvrlu.• bebr?J. bar the award step hamdN the rights and
oblipdbns Of tidy Uses Opened parties and only with low- to Fe
Clain in rid illiaL The Net IN pncedats d IN Admillslal0.
whirl you Ray obain ban 99 Aftialisura. Shall QOWM AN
arbilraNco ahem they con0id will nis A fformon Provision, in wndl
rise this AsbIIraUon PrwsLTn MII apply. The ablala will not be
bound by, and tlek ab4alion Prmkidn snap rol be Subject to. UX
lederal, sate a but rules d procedure and evidence per "Oukl apply
in Part CDWL a to still d I¢ut IM tled neap to arbitration
prxedigS. YOU on we naY have a living in institution Any
e i4cial you Mal Rlulta You' lateens b ailing
nape ledN
addnss or at snit Win place upon which YOU tiro we apse Yw a we
may be Nprtstaad by Cams) N you or we reese 1. par atbha)T will
Anna cairns of privilege recogniaa ado applable dew and will set
best dire -in pdkd conUdeael inLamadaa pmaudny Ihagh Ile
used pule sh, adasl The arbiautor will snake arty award In wibnp
and. it the bendy repNel of eithm pry. was provide a wrmen Salamea
of reasons let the award
Casts. The so indatn4 abarldon will pay the Idlal filing are. YO,
mart std a wow of or initial filing lee a al the Adbdnianthls
dear to jCepacively. Adenlnin"ta'S F-1 and. ay applicable
pas of ten AnMirlshada. ll you seek but do not paliy Ire, a wwnm, we
will consider any widen tapW by yywou b o wpay or reinskm you
for ilia pal d gla Adrddrialo's Fees. We aao w ll l pay a rein bwse
you bar all or pal of the Admirlshabrb Fees it Isla aalruta debermines
bee is good reason la us b do m. We win pry ay lea and cesb we
are rebaad k pay by taw. Olhernise. and mapl u aavide l in this
Apnertoal, you and we will bear all of an nespedive lead and amt
(ndudrg to Ad iAlsaamrls Fees and the Mss and cock nelwhlg• t
s0amys, upak and wggnmes). reavillms of who ill. Allocation
of lees and tolls realing to appeab In able"lion win Ue tabled n file
sea mamma
Na Ca eolldaUm or Jobrdet al P.M.i. The arhilvation of arty
Claim must pnoaed OR an indNldsl basis. ever) a the Cltim Las been
.send in a call 0 a class atio,L VIVIN apabey penal action a
otter repasanaiw or edlakn aniim. Lhnlm all parties consul.
mAlan you m we may join. como6dwe a Otherwise briny Cams
rebated to two or rove atdaE. Individuals a alsasdobm in In
cam ablallaa Also, udm all parties consent mige You nit n
may MM a thist; acllbls, Private aNWM gem" aCJae a POe
aveseedaMe of colMSAe MOOR in abbration, nit INY You or we
purer atria idiom in Cove 0 eery parry has elected aranpm YOU will
nd Iavt pa lgM 1o a1 IS a class Ital5lad3mw Of paACpat as a
member at a cis of dramas with respect la ay Cain as b which
aapalon has been ekcled
Judyuhenl, EMacamad, Flo." and Appeal. The adbaba
de[isioa will be fens ad btlldrg area flan 6ys aadm you a w sell
an appeal dl Ne award by Ruling a wrhlen ra lwal to the Aorninis"v.
The appeal pared. which win consist at PNec arbNzatim. will emidm IN
jackass and legal amla tam, will cond cl the ."I in IN sent
mesas K nth neat absenim and was nde da¢mN bawd On No
VON of h aajahy. The prors decision will be press and binding . MY
finis de ision d this atbltrwor or of de appeal pad a.00cl to judicial
review tidy as ad brit ado Lte FM M award in aNaaion wiN be
anlo'aaae order Use FM by any MA having jaisdYfim
Mi..allaaa... WRWer, $..ability, SlnWal. N you or we all
nd.Md abhadien or of arwke aiaa ilia Aragalan Provision as
mnm eal n wEnay pa Hues, Chains, you or are will not wire any rlprEs
to repair arbFaOon in comkdlon whit Dal a any open Claim Ac
MaUelbn Provision Nall Surv'ive' (() susWSolon. termination,
Invocatlyt clean a chengas at phis Awardd. You, acuud ant your
rdaoSdaip with its: (it) Ila banWcY a MNolrerKY by my par.. and
(10) try nmM a YOr aU.wa. or any a OURIS Owwd an you au-Nod.
to ay OBdr parson a mdiy. N tip p0N'ah of this MbInd o l Pro,15 m
k darned Mark a aadaaaDlt, I rmmillVlq poMm¢ d ahk
ArWifin PyIOMJW ship rrwlBla163 rmrasn valid m l in bna. n h
eared d a tadid a incanalslanq belwmn this Aabbrallen Provision
and pie opar prevaims d Ors ApmtmA a ay Vla a9iecret. this
Amgrdbn PlOtkbn shad povtm A pholecapy a ant em9e d nit
y be and n place d the agnmis
Atireatersent asand erpdWio Elipafion.
ass ell pm
C 2005 Capita Om Savara, kn. Capital Om a a Itderallr milistat0
saviors mark NI rights marred
Ele,io. and biHniao d Arbitration. You or w my eked
vb)afico uMa Ibis AAhation Pnorisial with respect b ay Claim
even if ne Cain k pose d a awai brwgM in aunt You a we may
Inia I rrdnn a Iened n can b anpd abtaliam d ay Caim
bade as pad d my kwal We wa ad elect a hadide abllret'nn d
any Ckmhb'auyhanasrmpckms tall, ado eprwMJi), solaqu
the Gain rewiwna1 law ceui's madeablyenbeialaan L'd?ivi at
a joint avsu l holder and is Rd node a Pad d e des action. plivwe
nmmy general PdimOr aacw reartlmillive a edkdM NOW
You :rd wr -1 kgow the ndm d h Auninldalors to K611
ashrati- 11 you in)iwe m0aral'un, you a" damp Pre d Iht
AEMristrwas. and ya nd naa, m ay make repAad by sew
Adairusbwa b P.O. Ben 8450. Rldanad_ VA MWSSS0. N w
initate arbitration. w will dcose DIM d Ile AdWObM on. all w wig
. o Yw am ndia required by Mt AdasiWAor b your bar-know,
sling addera. N we haw Wiwtd abr'Yation. we wig China Be
AoneirtsbaM ac you reQh,esl 0 ylyu Reply In n writing w t e abaft
adders within harem days d Be dale d n! nClMr w herd Yw d ou
ntiation d aaln slion.
4
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0
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-05822 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAPITAL ONE BANK USA N A
VS
FISCHER JAMES M JR
KENNETH GOSSERT , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
VTerL7L'D -7AML Q M 7P the
DEFENDANT , at 1000:00 HOURS, on the 4th day of October
at 2117 PRINCETON AVE APT 6
CAMP HILL, PA 17011-5447
by handing to
AS RACHEL FISHER
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
,,&/ 13/0 k (-?,
So Answers:
18.00 ??.
15.00
,r ?.«•
. 00
y yp10.00 R. Thomas Kline
.00
43.00 10/07/2008
GOLDMAN & WARSHAW
Sworn and Subscibed to
before me this
of
2008
By.
day 7 Dq?,utyi81jqxTf f
A. D.
W
in
Goldman & Warshaw, P.C.
BARRY A. ROSEN, ESQUIRE
Identification No.: 42951
PO Box 806
West Caldwell, NJ 07007
973-433-2104
CAPITAL ONE BANK (USA), N.A.,
successor in interest to
CAPITAL ONE BANK
VS.
JAMES M FISCHER JR
NM16457
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 5822-2008
PRAECIPE FOR ENTRY OF JVDGb=T FOR WANT OF AN ANSWER, ASSESSMENT
OF DAMAGES, VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE
TO THE PROTHONOTARY:
Enter judgment for want of an answer for plaintiff and
against defendant(s) above named only and assess damages
certified to be calculable as a sum certain from the complaint,
as follows:
Principal $1,279.72
Interest from
@ 27.4% $385.21
Costs (Complaint & Service)
Total: $1,664.93
Understanding the false statements made herein are subject to
penalty under 18 Pa.C.S.A. §4904, Unsworn Falsification to
Authorities, I verify that:
1. The last known addresses of the parties are: CAPITAL
ONE BANK (USA), N.A.,successor in interest to CAPITAL ONE BANK and
that the last known address of defendant, JAMES M FISCHER JR, 2117
PRINCETON AVE APT 6, CAMP HILL PA 17011-5447.
A
2. The annexed notice(s) of intention to file this
praecipe was (were) mailed to all parties, defendant and to their
record attorneys, if any, after default occurred, and at least
ten days prior to the date of filing of this praecipe.
3. The said defendant(s) is (are) not in the military
service of the United States or otherwise within the coverage of
the Soldiers and Sailors Civil Relief Act and is (are) over 18
years of age.
AND NOW, this day of 2009 Judgment
is entered in favor of the plaintiff(s) a against defendant(s) by
default for want of an answer and damages assessed at the sum of ,
$1,889.22 as per the above Wrtificatio,4
ProtKonotary
Goldman & Wa W, P
BY:
BARRY A. OSEN, E IRE
Attorney for Plaintiff
F
Y
BYMEATHER 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.
JAMES M FISCHER JR
TO/PARA
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.: 5822-2008
NOTICE OF INTENTION TO TAKE DEFAULT
JAMES M FISCHER JR
2117 PRINCETON AVE APT 6
CAMP HII.L PA 17011-5447
DATE OF NOTICE/FECHA DEL AVISO: December 4, 2008
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS
FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A
HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU
WITH INFORMATION ABOUT EMUNG A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU
WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS
AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S BEDFORD STREET
CARLISLE, PA 17013
717-249-3166
BY:
HEATHER N. DANES A, ESQUIRE
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
PI OD:NAN 16457:mary
FEED-i "'F' I*'- 1"CE
4 F/
OF THE:
2009 MAY 15 Ali 10: 59
#. -,/I/ m *
'
III 6
NAN16457
Goldman & Warshaw, P.C.
BARRY A. ROSEN, ESQUIRE
Identification No.:
PO Box 806
West Caldwell, NJ 07007
973-433-2104
42951
CAPITAL ONE BANK (USA), N.A.,
successor in interest to
CAPITAL ONE BANK
VS.
JAMES M FISCHER JR
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 5822-2008
NOTICE
Pursuant to Pa.R.Civ.P. 236 of the Supreme Court of Pennsylvania,
you are hereby notified that a judgment has been entered against
you in the above proceeding as indicated below.
/X[ Judgment by Default $1,664.93
LL Money Judgment $
?L Judgment on Award of Arbitrators$
Judgment on Verdict$
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEY
BARRY A. ROSEN AT THIS TELEPHONE NUMBER: 973-439-0077
PRO HONOTARY