HomeMy WebLinkAbout08-6136THIS IS
DAMAGES
Goldman & Warshaw, P.C.
NAN15780
AN ARBITRATION MATTER. ASSESSMENT OF
HEARING REQUIRED.
BY: JEFFREY M. PARRELLA, ESQUIRE
Identification No.: 201946
PO Box 806
West Caldwell, NJ 07007
973-433-2153
s
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. : p$- (o) 3(0 l'iVil -'Mm
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 9/18/08 there remains a balance due in the
amount of $2,576.29.
5. Plaintiff has made demand upon the defendant(s)for
payment of the balance due of $2,576.29 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
$2,576.29 plus applicable costs, interest and attorney's fees.
Goldman & Warshaw, P.C.
BY:
Jeffrey M. P el a, Esquire
Attorney for la 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 Esquire
Attorney fo P intiff
EXHIBIT "A"
NANIS790
JAMES M FISCHER JR
??1985
CAPITALOME BANK (USA), N.A.
AEEMAW
: •U l'??'.A ?'? ? l , being ** served sworn according to law, depose and say that:
1. 1 am the agent for the Ph*tiff borcin and I am 5miHor witt the files relating to this account;
1 have personal knowledge of the fact and circumstances connection with this case;
3. plaktiff s files ace maintained in the usual and ordinary course of business;
_ 4. This action is based on a claim for broach of con"d and that damages are sought as a direct
tip result of said breach;
5. After albvvi? for all cffsas and credits, a balance remains on the subject accow t having
account nwiber 9rS in the amount of 12350.56; and
& If celled upon, afliant can tss * at trial AS to the bets pertaining to this matter.
The above facts are true and oared to the best of my knowledge, information and belief.
Sworn to mad Subscnbed
JUN1
VW
of .2008
Notary Public
IMISHA DAVIS
HENRY CQ sSION EXP?R
MY COMM
24T i
OCTO13EFI , 2010
CUSTOM[
sIhfWhnelbm abdR youhave r amount Planes read It and keep I
Cu to hom er Ag10 Cspgat reement mn a We
for your nWards your contract with us for the pl an and account (? A r )
maisk of this Cusbnner Agreement, together
Ague max that we make as pvAded below. to Sec riq Aconut V &PPiabla). the
Security Amount Assignment Agreement (I applic"). Capital Ore Pnnay Moo. any
account died== provided and delivered to you pnia b a at the tans your aocoad
opened, k wing db*mm pursurd to requhememb of Trulh n Lending Ad
(ferel efler TIIA Amount Dbdonws9 as wag as anY mbaequent !wgces of therpes
to these doamerds, and any end all b that
hhckude Yow ahgrobxe any ebcbmlo or dotal signor) an any application, sales slip or other evidence of
i ndebbdnsffi on your amount. In this Agreement to wads you.' your' and yours'
rekr to each person who signed to eppkradon for to account (each, a ')ad
eccoutloben and to anyone ebe who Is sutatted to use to anent in any way
(each, an 'Augedaed Usen. Except as spacifI ", sated herein, each of you is
individually and piney shkgabd under this Agreement The words 1re,' 'us' and 'ouf
mean Capital One Bank and Its suaaasm. assigns, egenb aulbr aWVLmd
reprsmaiwa. If, the eppkcatbn br to amount staled tat lie aomurd will be a
somwty Account this means the furls you have pledged b us to secure you accOWL
This Agreement and the Security Acmu t Assignment Agreement (11 apPkcebb) do not
005113
A AGREEMENT
credit bolt even if those harewbo s result in an over WA fee, and there
transactions and fees will be strbjad to to Agreement and be Searky Accent
msigMent pa moment (lt apocal* Any tr nsadiaa horwed in cues of your
aWk IM not result in an Increase of your as& kart raises we exprw*
nooky you ot-.
Additional Beneflts and Services. Fran time to lime. we may otkr You benefits
and services with your amount Trees bene6b and services may be provided by
us or V" parties. Unless excesss* made a pert of thin Agree Ont. and except 85
provided in the Aftabon Pmrvblon below, any such berhe6b and services are not
a pat of the Agreement, and are subject only to the tams and cvdldon ouhgied
in the beets or services dodrra and otrr official *0000 provided to You
with rasped to to beralb and services. We may adjuA add, or debts banhefila or
services at any time in smadece with the brochi s or doarnna You receive.
n additoe. ay such baroMsa ea lees otaed b you h to most urrent version
of the 'Guide ID BemW shall replace and supersede the bereft and services
that had been offered b you in al previous vermn s of the 'Guide to Bereft'
without fuger notice. Except as ptr by applicable law. we are not NOW for
beathe or somm podded by third parries or to rotas or omissions of those
third parties.
apply to any of er Capital One k amount tat you may have, ether now or n the
fulure, except as Kmided in the Arbltntbn Provision below. Udess you have ertared
nb a Santry Amount AsshgnoW Agreement with us, the amount is ueecwed. Except
as provided in the Saaaty Amount Assignment Agreement (if applicable). the amount is
not seared by any other property. regardless of the terms of arty other ooubact to which
you and we ere abjed We can delay enbrdng ay of our rights under this Agreement
without bang tam The card is and remains our prWrty, and you will surrender k to us
at any time upon request
Asignoom. We may transfer your account to Security Accent (t applicable). the
Secwky Amount Assign-W Agreement Q1.appkrable) adkx our rights udw this
Agreenet to an assignee. The assigns will We our piece under this Agreement. the
Soculty Amount (f applicable) and to Security Amount Assignment Agreement (t
applicabie) with roopW to to agreements and hares- Varolened. The assignee may
or may not be an affiliate of CAW One Bark You must pay the aesgnee and otherwise
perform at of yaw obligations under- l apmoards. Youmay! not taskr your
aomunt a you rights under this Agmenon to Security Amara (t appkr?b) or the
or
Seawlty A=rt Assignment Agreement (t Wks*) to any person or artily wCeu
pri b
Do comeat Subject ? wiet the beneR of your to ethe nd o rrespective successes, assigns and
represerblives.
Using Yaw Amount You can molar purchases and obtain cash advances (t cash
advances are an option for your s su l) by using your cad, smut amber and any
account amass erects (including purchase Cfeds. Cahvaance Checks, Specbt
Tnada Chords and oter simlar errata) that we may send b you. Additionally, you
may raped a slop payment on account access dodo, bul we reserve to right to
charge you a fee to such sawWs. When we provide you with amour access deft
we wN M you whether they will be baaftd a protases, cash advances or *add
trdrdes. Unless we tai you cdow , Gmenbnce Checa will as 0r?0U robe team as as
cash advances We may establish Alorant segment; your
purchase segment a cash afvance segment and a special trades segment Each
sagmera may be abjest b tame and conditions tat are dltferent than those gat we
applicable to other segments.
Our bbily, i any, for any wmhglut dhow of an amount amass died Is in no d to
your aduai damages and shalt not include any mrsequer tiai damages, end event
wl at exceed to ram of to dock
You agree not b use the cad or smut In convection with n ?f ?
ganbfng bo sactios, but any Internal or Mepal gem big
engage wilh the card or amount n *ddkn will be subject b this Agreement and the
Saawky Amount Assignment Agmenoml (fi applicable).
Your cad and amount may only be used for veld and allot pup- If you use, or
autletze aw- x Was b ass. the coed or amount far any unawful or Inpenrsswble
WPmes• You wl be !asPomebie br much use and may be required b rmimwae to and
ibstaCad In oMBIJDral Inmrperaad 'WaslarCad' or Yee USN, Inc. 'Yea; as
appkmbla, or V* slcWeeta bn at amounts or axpe sss tat we or they pay as a
rosin of such uriwM or Impermissible use. in any event any uhaaht or Infa niaAte
transactions In which 1 g g w1h in card or amount roverlheleas A be autject b
this s Agmeno and C Socrity Amount Aasgnmad Agrearant Ili sppfcabk} You
some that we as not responsible t anyone reran b fans you cam or account.
If you had a prior wad cad or am amount with us, or such an amount or halanCe of
such at amaatws bashed to W a Ono of our aikeles ad you agreed b esnetaa
amount opened. the new arrant wi
lhe bobnot of the prior it the IN galnthe new your
accrue Baran charges l
AWerlad ease ere not tnandaty reepalabla Iw the accent An autarmad nor my
use a aedL card. can mpot cabin axhourd inbaabm and can repeal to be removed
tom to amount. Subject b our dwslbn, an authorized user may not be able b Idl
certain accts an to account You agree b provide us with kbmation bahNfig sry
persons You auteri3 b use your aocoud ndWlg their mane, address, del of I=
and ether WorAllyhg inlommston we any regwsL
Exchtnge Races t you ids a transaction in Qrhe cy other then U.S. dohs. VISA
International or tbslerCod kat'NWW wl convert to clogs or as prooarkrse in
doter amount in accordance with their operating regiAllons or iconversion
abed at to 60e the tWMCbon b pmoceseed. VISA n ernownsfs reguhrtors and
procedures provide tM e0ectve Apt 2. 2005. to Woe nab betaten to
transaction QOrenly and the dip cuarxy used for proessakg irtantlonel
transactions Is either (t) a rats selected by VISA from the rage of acspabk rates in
whmobeete amq a9rkab br to opplic" central pmWesig do which nab may
very l to role VISA bet receives a (2) ta?ntgovamhet n l '- Ise sib In allot for
to applicable central pnoashg date. Mss Inbmadonafs mqubkora and
Procedures provide to whanhcy mrwerabn rate it uses is elder f1) a whhoiesa a aalrLl
rate or (2) a goverment madaled raft in e0ed on the day of the cered pocessirg
dab.
Cash Equivalent Tmeadlorws. L cash advances ere an option br your accouK yo
can use Yaw amount to prdas When Leas tat we regard as 'rash uquiatevH
Veroaraloa.' Al Gosh epivalat trarm doru wl be bsbd ascash advances end war
be bled b the cash advance segwaro of your account. Cash equivalent ireWectae
WKkWs, wound bnkaMt the pudwe of wire bards money orders, bob, nb"
tidal, asno gaming chips and other similar products Paragreph ova be htrprsfsd to validate any basaction tat Is or services. Nothing unawf t or impenrimft.
Your Credit LWA Your Initiol credit bet wl be disclosed whhea your amount is opened
(or aciwkd). EMm Ihisty, or all any star tins, we a" seabbh ffwfaall aedl bib
that apply b III, t sagaeab of yew e0mut (such as prdhases, cash adwces and
spsM tars). Your opens aoM bNa wl be idemkked n your periodic saYenmhalb.
You agree not to stow the balance of you aomout (Including at basedbn, linace
charges and Other Iss of loges}, or to balance of to applicable segment of your
account to exceed the appk able credit bib. I you have been gwah the option to
nose your -M brat by adding lures to you Security Amount (If cep kWA), we
mum gar night not to increase you coM boll I to adddonol Buda are premed wMe
your amount is In debut We may noose or decrease you aedi bnlb at any bee
wldeut prior nokW to you, may bmporaty Increase or decrease your oleo knits at any
time w**A pia notice to you, may Ink to aedk bnk for cash advances or may eke
away your ablly to obtain cash advances. We may hover transactions in excess of you
MgkV You pmmse b pay and are W* finance
irducting any >for ON ar13
resubng tom the aut halzed use of yea mad ao
changes and Who doges due under the two of this Agrearront. Payments must
be made in U.S. &M& Psymenb made by a dhedu, money order or other
negogaMa ha mop (an W) nest be in a brm amepeabk to us and be d-
on a U.S. fmacial nstbton We may atomle parmla and agar aedb and
proceeds among the various segments of your amount and b charged and
baM=
each
within OOA due
cgaa lower new hasasegment. naar any annual pxmn min ((APRs) before
balances wth higher APR& sated on your Pe^odic
Payments you net b us at the address for payment saternat will be cradled to your amoum as of to business dry we receive L
wovided (1) you Send lie remaace coupon Patin of your periodic statement
and your dock In the renfanes envelope provided and (2) Your Wymad is
received in our processing center Please allow at West fin 5) hunk by dye for posed delivery. Payments received
by US al any other boater or In ay other tam my root be aedtcd as of the day
we receive hen. our badness nS are Mondry - Saturday, excluding holidays.
Crock availability our sole discretion b ensure pernend In good
yids. If fi ov wa a axnpt may a a be dented I
payment at some other PIK% we YOU to In= isle Payment foes
the Parnell! l mI to Ave days This FIVY MW av
and additional l bhanoe charges, and may resat In your amount being declared to
be In default
Any minimum payment that is de will be sated in your panodc statement. You
must pay at best to ffiwmxn payment due by the date sated In your periodic
saternera to avoid a brie par ert fee. However, you may pay more than the
mnimam payment or pay the balance in fop. In any case, finance chages will
eontme b be ass?ed dung bang paioda that you can a balance regardless
of whether or not your stake n shows a minimum payment due
We can accept lark p pants or partial pay^sb, or teme racked 'payment n
our or other shift arglage, or psynents with a request to apply the Payment in
a pakcuia nemer, wldW bang any of our rghk under Its Ageenenl.
ndudhg our NM to nroelvs parrot In luL No payment shot operate as an
accord and eatslacton sunsuit our Pnr wrpan approval AN written
oamwrocetioms oonuxmYYgg deputed amounts, i aiudng arty deer other
payment Instrument got indiodea to to payment mrsades,psymant in lo the arrant awed or that is lrhdaed with other oorndltfome or tin - K, or as kA
salskdm of a disputed ahead not be meted or dekaere, to Capital One, P.O.
BSc t1501D, Rkdnhood, VA 23265.11010. You will na mope payments from funds
obtained born the amount or ay other account with u. if payment your our
made to any other address, we may accept payment valloA
rights.
When you send us loco(s) to make payment on your amount you teMorize us b be*
for tie t of 1*
doer s indksaednuumakd dgbs This mahorlraaom appkas bDallncheck(s)
received by us fang to bung paled even If sea by someone visa, who you
epee is your egad ad was pomldad with these disclosures in advance. This
We bebard?nasticOw blind e- N, apposelMontholm
or reverse side of the dads t we cars poceas the electronic beater, you
authorize us b mabu a charge ayahd Your bark aomut by pocessirg to check.
suMtWls dolt dal or sbmM inhus ent.
We may adlni your account as appopata to coned eras. returned elms.
rejected debts and aria n , N .
We may, n our sole dbaelah. der ah expedited poynmt service. Youare not
ebcbonic ACH debt a other wpadbdd por mt mntcd br Your acme t we coney
charge you an expediled payment be in an amount disclosed to you it to lime of
to Samoa. We are not rsa;, -,, Jar any dishonor or the payment by your
depa" institution and may mah the be In the sore of such dehcnor
ti you give your award mentor or alma aomout Momallon ba spa
make a Ferrero br you or to ad on your behat, you on o discuss
, aaurarmay by You.
your smart wldh het pence and process b e tn of payment or
You loafer sgnea sal You A be responsible lor al mnes*acas
none mat by such party, including expedtod payment rebm po mesl, air
to accept perment on
pap" eMa am llmll beg. We reserve to pent ootha person b ad on ny your tidal
your beA
periodic Skismo t Each mm* gat you have a credit or debt belnoe of mere
ton $1 in your amount we wa send you a periodic sbaemsrt as and when
required by applicable ova. The periodic stolamo will show at leanalas bled
to you account dung its big The dig period Is the rime law
saemwa dahg daft through ndudng to ned statement daft dale. The
sW~ closing dale del rm i es I he woe of a specific blIng rid. For
example, you Jamey billing period a the lolling period with the dab in January.
Finance Charge. You wl be aaaeased burce charges as prevously disclosed to
you as pat of the TLA Amount Disclosures or as we will d, " b you I required
by applio" low.
Temporary Reduction in Finance Charge. We restive to right b not assess
any or of finahhca charges for any given king period wldhout waiving to right b
assess such finance charges In a luaus burg period.
Other Few
and? beb?taakd se s ppill wd sesand appIho purchase
lied agawwt
segment ot Youurr acmunl Charges.
you ova"' aadk belt asses otuawbe sparied n "billing Dedod n
which toy opplyc (n A aft pymero ice coal be assessed t we do nor raci a you
psymerd In dim for L to be, aditaA, as paelded In this AgrsmemL by to dale
sated In you periodic sakmaht (I) an over knit yes will be assessed It to
baanca ot yaw smout (orany ssgrmd d
005113
reason, greater Van the
your account) at any time duig the dknQcycIe for
applcable teagaary a pemuurt creak air m (ref of whether you went over knit
as a result of a tansaction. freance deep or any aher be or dupe, even 1 approved
by as) (1) a returned deck fee will be assessed it date honor any amount
cheat for any reason: CM copying claque. of vwmKtk)n
dpparrataSOn or plods statements will be assessed on a pre VW basis, u iew
m**vd for bring dispute resoatton; (v) a rearmed payment feivillf be assessed t, for
any meson, (a a dedm, craft or aMia instrument is not honored or cannot be
processed; a (%) an electronic debit is relined unpaid or cannot be processed. You
aurialae us to rmbni roomed payments in our discretion At our option, we may
assess iota be each ones yaw payment is not honored or paid, mean I it Is letr honored
or paid tokoeirp rasubnissiorr.Arry?dude, drag or similar Yntnxuart may be obcbd
efechordcap 1 reamed for ieulficernt or urmxdacbd rods. We may dmsrge any d
these fees or domga or add oddk mg tees and clreugas, as Drr to below. MOM ft right to wave any of two less WOW
141110
maintaining our right aesesa axle bee; going torment.
Cash Advance Fees. N cash advances am permiobd for ymw amount, a cash advance
tee Man carpe will be G) sassesaed each we you obtain a cash advance or cash
equivanerd harhssdOn (? added b to cash advanos aepnerd d y amount and no
appCad akeral your avelabb aedi limn. The amouount of the cash adwnoe fee I name
durya rani be added to oter inmroe charges; shown on you periodte sfalenart for to
This may cause
purpwa of caYwlefrg One must pow dage rate for tai bling period.
to annual pauoe pa Nrak disclosed on that Ming panod to be greater Em to annual
percentage rata arnca b you.
Membership Fos. a applicable, a mw*em* lee will be Imposed in you frst bkrmg
period, u lass speaefleMy stated aknaaeke. H the membeship tae Is assessed annually,
it will be asand in the Mkig period In which each amikwe ary of to opening of you each
will be
telling paccurs. eriod. The e loge wnewnbership fee ill be bolted t is ppua a segment d yyoour? a Simms and ?
heated as a putchass and applied aganst your vreibble credl hnk The membership fee
will not be relxtded, in whole or in pat, even I you or we canal tes amarm.
Tr
Sacuroy Account that ansfer Fes. A be will be assessed ter each transfer of cords from your amount to you
advmbe billed to the cash advance ae and applied against y l aualebfe
your account will be Yeas ae cash will
credo meet.
Foreign Trrradbrr Cherie. For ORO "mKdmn made In a ourtY Ogre can tha
U.S., or U.S. Ternlorba we will as - you a *am charge as previously dcdaed b
you as part of to TLA Account Disclosures or as we will discim to you 1 repined by
appkable low. The lea will be based an the U.S. MW amount of the transaction.
Croak Buiw Morm dkmL You agree that we may obtain rdowefon about you ran
credi mefhmlip ill; q e or ariare at any one and use it fa to purposes of modorYp
Your ascot prbmhmhca, managing yaw amount and considering you for row oilers and
programs.
Nmteast The tarts and co dNom contained wigm this paragraph apply any 1
the be to account stated art to amount will be a seamed amount. You
s with cabin fads. which haw boon deposited in the Security Account TO
seoxe peyrthm t of She balances d to account and all now amounts wag under to
lows d this Apwanad ad the Searky Aaxod A nigh ent Agheament. You here
h Security
tianslorred, awned ?edped ad granted to in a seamy interest in tla
Amount. all funds canltiYadbe the Security Amami, N pounds of the foregoing and S all
kilt was phased into the Saaaly AcmuK arry ita al We added ve the Securitity
Amount by any prim and ay I I I armed to or accrued an des Searcy /wcarf
The tome of to seal, Trim on ad forth In the Security Acaouad Assigmwt
Ag ea at you esalod If (Q you deist or fail to abide by aye terms
a
Apr a ft Scarp Amount AnW-B d Agmwo@K (k} you
r-00z yam aamwt be any room. we may ten ortheredle e new whoa pda
rake In you, wercise or swop Yard by ded udYhg team your Seartly Account the
balance dun on your ammad and d afar ramwda owing uda the terms of this
Agreement ad the Seaudy Amara Awashad Agreement We may exerdse riffs right
b iilda atnG1 dedllmtara rater ymr Ssasp Aoommt pubdcaly as we determine b
apprmprbb. Wish ably da,5 der to dab your amass is dosed, we will sand all
rerrrYip irhds In the Suxr Aocurd b the pawn legally ailed to rewire them.
Future Ot e s. The bma d any its filer re" to I* account will be disclosed to
,w at the time to oem Is made. I you eccaP an offer, the hens will beco" eteclw
kauhaleley unlessmtanrbe apedfed n She abr.
DNardt We b cow sob d14, A , decbe a deb11 udr rib Agreement t (a) wit
do not ecal-, to (b) you owed cry m& 111mn of I.Tan 0 tionimuen psyment an or billions the do it he Isme used to make payment your amend Is
wcmtsefbnlutor , c be inactivated, on dectionic dM to mab payment an your
i wtpstl a con, be aP To o oftA parmuited by spiellcidile
tow, we rtay"lo our cab dboa 1 declare a daladl under ieea Agreement x (1) you
*hft any of Its oar isms of tees Apmsenhent or Sedurb Account Assignment!
Agreement P apPgceW1, (2) we taw dieclaed you to be in ddail under to tern at
any char agredant wtfh d or any of our decoke, or (3) we deft stns that you made
any taise or minion ng steimensi lo an your application tor. or regarding the one, d, the or Dow vesolleancy
account or all - I , alisnplo I to deraud u, (1) bainhpY?a ?
proceeaps an cheated by ysu or qp t you or (5) you ?e
A?eeahpt (Or
a rhapaclelad Al cry tine klpwsq m, ddmM under this
after wgiveyoucryndcaorrightballfaddmN lnpis,byapplicablebar),you
will be subject to ?yYq aderdt ammo derpd and carless pumwart to to boa d
this Agnanrd, irAdirhp any applicable debuts reb, mean alter any rudgnhent Is
obtained. AddNarly, weary. at cur a* cpiom (x) unit or not cow you to mda any
new punctuates; or cash irawc , on your a). ) bows your ninimmn
d
Sam ppa?aarhhtt wNn such no** as may be required by v U or (d VAJad 11D the
intihdbno of applicable few. colon yaw ammerd h and donn b
a rnhimieta Pero the anima aunblon I j balance plus all other amounts amp under this bare of ens
Agreement and the Seowp AcmuRAeetgnme t Agnrmrt
To the surd PaniW by applicable law. you agree to p?Y is all of our amid court
costs, callem n amPrwe and adonrrs teas Mirth pro b an a tlomay who is as of
cur engbyees a s aaamry who is not coca d ow hsmpbyees) rromed by as h rid
Oolecion d any grout yo awe err uda tluts Agmadamt Ya also ague b pry ui d
d cur am6N malo that coca Ytcu n wannrhq y rants, army outs we array
irnaur by erring you amoamt phased m a raerwied lot. Hatmbk n ads pmagpah ahel be
anrsrhred b rain « impede cow mi9al b megea mbiatm b amoordahca wpm the
Arbitration Pmvidon below.
Account Cbeuo sot Suuspenclaa of Credk PaMtgn. 1) We may, al any tm with
orwMMcam. vOor IhMwhom rate,and mgm? at the exsbnoeor
nmmWrhae of a default under iii canal to amount aadbr tempomerp
OF PWMWW* cab di - Your 08* orksy de?
aooY k caum and unused amount soar dada
Yaw you eagkr?ns to main paynaade and your other dApaias under lhb Agreement
mMYwr in full law rd coed Mar to amount lie conceded or your act pivYgas
an temporarily or perrmn many s aparded. Cancellation at two amourd andeor bre p ea ry
dourly nlereef n
or pemrmnt amsPsnsian dYou? acct prlrkno will not albd our
your Aaaud (tapplcaDle) or curtgtb under the Seccity Amou m
Agnrnrm AmghmeM
p apptcabb) YYa can Bas you a collet by nimp our Customer Rebus
depareasnt with to number found an the beam of your as* cad or. 1 dibent, the
amber e
b destroy all and ummsed amawm socess carnoet all p ermaadmd Yung
arrangements cord cases using your card and account H you do will consider our como W daa
paauttobd blimp anarnpements, you and we
peaufndted debit to your BmOwm to mmWide You eufnonunYOn to rwPerm the
account on the toms set birth in the Agreement and the Searcy Amount
Asslgnmdd Agtierme t (1 applicable). Your amoud will not be closed until You Pay
d a ec rots you an us undar this Agreement and lee Searcy Account
Assignment Agreement (d applicable) Including, walnut 6rtlation. arty purchase
ad cash advance iereadfars you have wtomed, inane charges. lete
peyrnenl tees. ova limit lees, rehmrd duct fees, retrmd payment ben.
menb v*V fees, cash ado mme lees, transfer Islas charges and any
other lees drged to your wmhwn YOU are br these amounts
whether they have been incurred at the lime you request a dowre of the account
or they as named subsequent to your request to dose to account This may
result in cargos ap an your amount ant you have requested to account
to be closed ant the amo rd has already been dosed, lone aloud will be
noparred on the terms sot forth in cots Agreement and the Sew* Acooud
Assignment Agreement rd aP de). For exmnple. I you authorize aaupurchase
has been closed, yaw aooaad will be cha mo?peeed, thhee a merchant d she cherpe r be
added to your 8moud and you will be resporebk for paynrnt under the ease of
cis Agreement and the Security Amount Assumed Agreement (i applicable).
The rrembership be for your amount will onlrme to be Barged, bore extent
pamMW by Wks* low, uni one entire amount balance has been paid In fur
as described above. I the amount is reopened. a new membership fee will be
charged bas aecoun as slated above.
K you, acting as the peimmy cardholder, wad to terminate a joint axaunaolders
or an auknrined user's access to she account you reset cal our Customer
Relaaat6 defearsnord and request Bat wffkw an. ImmedbblY aeadter; you
ogee b daboy fat pemsan's sand(s) and destroy any unused account access
cheats n td pawn's pmsessun There may be a delay in to reflective dine of
the larntmdon of rat parwn'a accesses bas amount The aomud will be
charged and you and cry jolrt aoooutaddas will be responsible. for any charges
txotph to me of to aro a the aamud by in joint aoountlhdder or atedectimd
user than occur prior to the eliecere dab of the termination aver it to charges do
not appear on the eaaout until a iata time. I you am uhehb b dnwoy the joint
aomuAnaNers or aulhamad users cant(s) or ve dssYoy to ureeed acouret
amass dodo in that pmso's possession, and you car am Cusbrnar Relations
dieligatiment to r
the preceding paragraph. EamouK ither you your atdeoemourd will r as join be arddosed In otla, a any. trey a"
for a new account
Cprwnu?m of in Term. We may add to, 16ft wK h*drp r? all per or charge any part or
the amoral cage rate(s) and any
dderrppasas (Including addirp new Pmatalas d coo cease cram (ft-t nacre as the
edafrmg pawiebm in cots Agrsrmnhq marhy come. n we do w, vie will give you
reeks of such anerndmment or mimwpa 1 naquYed by Fedmai low or Vague law (to
as axbnt not preerthpted by Federd law) tweeess we had pmadolo m otkad coo
customer vo the anoourt wohid be strafed b such artordnrd or change wignu
notes. HOfce will be meted brie lest biig address lrhdwalad in our records for
the amount However, no (Oft will be rsled i we prevbusly led m rIII you
Man y amount w mW be snbjed b wch marhdmrd a =%= hul notice.
Charges brie arrant peramMge motels) will apply in a amount
ixtudes bsaectaro died betlo feacourd bdawN ado change dNe and whdlsr or
not YOU eoMrre b roe rid emoun Clhmpes to fives and other charges will so*
oeyor aoamt ran coo eaedlee deb d the flange.
Goweel" Lm WE NAME THE DECISION TO GRANT CREDIT. OPEN AN
ACCWW AND 18811E YOU A CREDIT CARD FROM OtAR OFFICES N
1A MK This Agmarnant k to be mlrlllle I In WOOPhrce whin and
govmm by ore paws of the Ihaked Subs of Ammon and by do internal
wq s of Conraonwaaih N?-ak^..rr.ia ?aMmad pMYmi Mad oa cosy cake of
d
law rile than womM camse an ppleMea of 1M Yrw , ON jmabMdbn oYar
than as lows of the Ul" Stalin of Anomalies or ore Ydwrrd bus of the
Coaraoraeaatlh at Vielimis b tr di cad dhhl on of Fadend law and &a pudes. This
NO,jjkosaa cool Wol am kin w 4 be
aM FFodwd lae)a cSmin overt rated d n
not Is Salim a pat of cis Apdsrnl Apwrd
ths mneNwcyabts or Irrrald pat wee nd ads but ft mamardnto pub vdl
remain in diot
WaFrws You waloe the b niceties notica of any waiver or delay or
pesarinmd, ddwd, paned «dYtator and my might you My haw to negrlre
us to proceed against anon paapmpykbaadoee orewedng regional you. You ObO I Or
fworan badd to wW out p - _111 WW @f *M epquel b td apOCObbbb sT#A - dermas
' period.
amount
Lod or ado Cards; or Account Amu Chadets, 9 your
amen desch an bet or stolen or same a sloe may be us ing 1? without
your ima nisalm me* us an once by cdbV Me ml 1 nunbx an ft bete of
your credit a and or.1 do. , , the tabplhdre mbar sham more rod of your
pwb0k 9tltermlalis or by WWI to an Capita Ora, P.O.00 85015, Redwood,
VA MN55015. You wi not be fable in ary amount for uredhor®d use of your
cards or account aloes drone.
You aped to tin ca an once I you cnanpe your mesa, adbw, WW- rdrber
or empl yrnereL You ogee to gem to wrom notice of any charge in your be7rg
adbaa at lest 110 days bebn to change. Conga n be wmllon In to apace
PUN" co to eanklim coupon Paton of your Pawac soft Or or may be
said brie bowing addmaas Capital One, P.O. Sam 15015. Ridmrad. VA 23285-
5015. ff your account Is s joy coconut or i more can one parwn it pemuMbd to
use k you agree than all nwrfaas r pdm the accourt may be aid ad* to foe
amlmrw Shan on our bifaup rarxwds.
CamwmkWwo. We may nloaaa nbandorh to olra nyerdrg tlr slots of
le" of you account as ad loch in cur Capital On MACY fldbe. a copy of
which has been pin - - to You. We in" mate inquiries hiledparcn
mfyou matt I roan nOYvlobip and cola ft yaw amount,
thid parka to m once rdnnNotice abad You to ee. We w our MPSwddws may
coded you from time to tom mMoto g /r wmwrL a to oar for adntkonvd
kdamaYan about ymo a erg, iaoe with Capin One. You agd to such
montecb as not uroddlot we not imuNW "caps as ergnsrdT ragied by
applicable Iw and mayread lam coded Yhfonastomh yea haw Pasidad or art is
ohYYrd Yam other sources. For oomph. we may cocoa you N your home or
plan of employment dump waekmds or holidays. on yaw mnbk bbplnme•
winner or mowwap mmv dine, and pry rusk lam. meoadnd message, ban
massage or P.W week E=W as nsbbbd bf few, we may! madbr
or mooed any can we make or recall. suppress aasw ftftietim emotes and
use an aulanaled dialling and amarhdnp devlce.
AMM. PLEASE SEE ENCLOSED *ARBITRATION PROVISIO111."
PLEASE TNDTE THAT THE RSIS INCLUDED N THE ARBITRATION
PRDYSM ARE PART OF YOUR CUSTOMER AOREEWIT.
02005 One Sevias. Inc Capitol Ore is a bdenap registered crevice
mark. All reserved.
D318-17-M
ARBITRATION AGREEMENT M-75733
IMPORTANT. THIS ARBITRATION PROVISION IS A PART OF YOUR CUS70MEN AGREEMENT
• • • apme to wallet yw v we ndy. a eRIR: ?yyy11yyss sae Pmdms mad law Appllable IN ArbRvetlpB. Tree Ar -I-
daed M Rorddl 16 male paned b I trarraddion urvd*V iawsle
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IF YOU OR WE ELECT ARBITRATION OF A CLAIM MOTHER
YOU NOR WE WILL HAVE THE RIGHT TO PURGOE THAT soared to IAiodion side De ln*W by uauPdi^0 'he AA6Man
RaARM in Me farms" waF E own o -Wooer, wbira wen Ma
w do bons d MO MBRmlmp ROisloaTlR UFapSI°, r'nAI 0*
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CLAIM EN COURT OR BEFORE A JUDGE OR JINN OR TO
PARTICIPATE IM A CLUB ACTION OR ANY OTHER a
s "pr" mw conow NO Me FAA and apps alt Wda III
W IN may and uaaanet d any class actiort w
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COLLECTIVE OR OEPREBEIFGTIYE PROCEEDING. EXCEPT AS
GET FORM BELOW 11E MBITRATOR'G DEGGIOM WILL aE
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m a aastion la a na1 d Awlsadim• red WWrdKtD
The wblta nay Swd smJ apord' a oma mIW pNmNel
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FINAL AN BMOI?6. OTTER RIMING 7XAT YOU WOUL
NAME IF YOU WENT TO COURT Mau OU1G 7NE RIGHT TO
Comm OMMVHVf 011 TO AT'PEAt, MAY BE L1F/iDI OR .
by applicable aUbemaR Ia (bd 01 M here pews to foram ft
era- 1 40, y?pN? d IN paragraph 'Ib commotion or
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UNOMRABLE W MlITIIATIOI. TIE FEED ASSOCMTED
WITH MBIIRATL011 MAY N NIGHER 11IM1 THE FEED
ASSGCIAT® MMiH COURT PROCEEDINGS. 9
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berm ym as us.
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any mew arba Ran or mb n IN,
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-06136 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAPITAL ONE BANK USA N A
VS
FISHCER JAMES M JR
MARK CONKLIN , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
FISCHER JAMES M JR the
DEFENDANT , at 0905:00 HOURS, on the 18th day of October , 2008
at 2117 PRINCETON AVE APT 6
CAMP HILL, PA 17011-5447 by handing to
RACHAEL FISCHER, FORMERLY KNOWN AS JAMES FISCHER JR
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 18.00
Service 16.00
Affidavit .00
Surcharge 10.00
.00
io'2alDb' V- 44.00
Sworn and Subscibed to
before me this day
So Answers:
r.r?
R. Thomas Kline o7
10/20/2008
GOLDMAN & WARSHAW
By.
eputy Sheriff
of A. D.
It
Goldman & Warshaw, P.C.
Barry A. Rosen, Esquire
PA Identification No: 42951
GOLDMAN & WARSHAW, P.C.
312 W. Broad Street
Quakertown, PA 18951
267-373-9730
Counsel for Plaintiff
CAPITAL ONE BANK (USA), N.A.,
successor in interest to
CAPITAL ONE BANK
VS.
JAMES M FISCHER JR
Y?- 7 JI i`?`r,4nV
f
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 08-6136-cv
PRAECIPE FOR ENTRY OF JUDGMENT 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
Interest from
@ 25.90
Costs (Complaint
$2,576.28
9/18/2008$1,402.35
& Service)
Total :
$3,978.63
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
14.00 p o A TtJ
co tv%q
04?-.?VU5V
IJv ep- M
PRINCETON AVE APT 6, CAMP HILL PA 17011-5447.
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 Js+ day of -1j 6l 010
is entered in favor of the plaintiff(s) and against defend ( )d by nt
default for want of an answer and damages assessed at the sum of ,
$3,978.63 as per the above certification.
S >,
Prothonotary
Goldman & Warshaw, P.C.
G
BY:
BARRY A. ROS ESQUIRE
Attorney for Plaintiff
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c
BY:HEATHER N. DANESH, ESQUIRE, Identification No.:20%45
PO Box 806
West Caldwell, NJ 07007
973433.2104
CAPITAL ONE BANK (USA), N.A., successor in
interest to CAPITAL ONE BANK
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
vs.
JAMES M FISCHER JR
JAMES M FISCHER JR
2117 PRINCETON AVE APT 6
CAMP HILL PA 17011-5447
DOCKET NO.: 08-6136-cv
NOTICE OF INTENTION TO TAKE DEFAULT
TO/PARA: JAMES M FISCHER JR
DATE OF NOTICE/FECHA DEL AVISO: February 11, 2009
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 HIRING 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. DANESH, 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
PIOD:NAN15780:Millie P
t
ti
NAN15780
Goldman & Warshaw, P.C.
Barry A. Rosen, Esquire
PA Identification No:
GOLDMAN & WARSHAW, P.C.
312 W. Broad Street
Quakertown, PA 18951
267-373-9730
Counsel for Plaintiff
CAPITAL ONE BANK (USA), N.A.,
successor in interest to
CAPITAL ONE BANK
VS.
JAMES M FISCHER JR
42951
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 08-6136-cv
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.
/X1 Judgment by Default $3,978.63
L-L Money Judgment $
?l Judgment on Award of Arbitrators$
Judgment on Verdict$
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL THE LAW
FIRM OF GOLDMAN & WARSHAW, P.C. AT THIS TELEPHONE NUMBER: 267-373-9730
-a, 2-1)
PROTHONOTAR
d////o