HomeMy WebLinkAbout08-6138NAN15146
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.
JESSICA NOTZ
6520 CARLISLE PIKE
MECHANICSBURG PA 17050-5251
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : b8 - Lol38 0,ivit le rM
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 19, 2008 there remains a balance
due in the amount of $2,097.14.
5. Plaintiff has made demand upon the defendant(s)for
payment of the balance due of $2,097.14 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 April 14,
2007.
WHEREFORE, plaintiff claims of the defendant(s) the sum of
$2,097.14 plus applicable costs, interest and attorney's fees.
Goldman & Warshaw, P.C.
BY:
Jeffrey M. Parr a,' Esquire
Attorney for P 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:
Jeffre rella, Esquire
Attorney o Plaintiff
EXHIBIT "A"
NAN15146
CAPITAL ONE BANK (USA), N.A.
JESSICA NOTZ
??7385
AFFIDAVIT
t,wina Davis
being duly served sworn according to law, depose and say that:
I . I am the agent for the Plaintiff herein and I am familiar with the files relating to this account;
2. 1 have personal knowledge of the facts and circumstances in connection with this case;
3. Plaintiff's files are maintained in the usual and ordinary course of business;
4 This action is based on a claim for breach of contract and that damages are sought as a direct
.
result of said breach;
5. After allowing for all offsets and credits, a balance remains on the subject account having
_ account number X7385 in the amount of $1,729.70; 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 knowled e, information and belief.
(Name of Affiant)
Sworn to and Subscribed c ?p
before me this _ day JUN 16 M
Uvonda S. Brooks
f 8 Notary Public
Douglas County, Georgia
Notary Public My Commission Expires
February 29, 2012
CUSTOMI
Webome to Capital Onus We are pleased to have your credit card acm rt This
Cuslaror Agmernent contains nlorndon abed your account Phase oast It and keep t
for your records. Your contrail wth in for the card and account ('ter Agmerminn
mnsMb of tuts Custom AgmemnA, together wlh any changes b this Customer
Agmerrorl het we mare as provided below. to Sam* Amount (d applicable), to
account disclosures provided and deli ered(? p you pr)r to or at t to your Nolim. account
Act
openscl,
Dbdee + w suie*od ffi Lending io tcea changes
(h W'rLA"g M
b these doournerrb, and cry and all dzusnards that monde your signature (nduding
eny ebe4mic a dglel signarre) on any appicaton, win sip or other evidence of
ihdebbdress on your accent In Iris Agmeront tie words you, yap' and yours'
rater to each person who signed the application for to account (each. a 'font
amourritholdeO ((Auho and
ifinedd b anyone thee). E E Except ?ffi spec stated ID U56 tie account in hersh each of f you a
Individually and Ody Mtgelad under this Agreemerd. The words 'we: 'us' and 'our'
mean Capital One Bahr and Its successors. assigns, agents andlor authorized
rapsaenlefves. I he splikadon for the account slated tat the amount will be a
This Agsensn and the Seaat to y Aokinds omt Assignment Agsmhmt applicable) account
do .0
apply b any other Ors Bank account that you may have, ether now or in the
005113
eR AGREEMENT
crest Mnit, even N hoes tansactims result In an over lint ke, and those
immections and tees w(o be su*d to tits Agmenhent and the Security Account
no Intl vnY not resuh nan incream }Hof your limit unless expressly
no* you otherwise.
Additional 1301001b 2011 Services. from tone to fins, re may 01110f YOU benefils
and services with your account Thase beotts and seniloes mey be provided by
us orthird parties. Unless expresey made a pert atthis Agmennwnt and eitapt as
provided in to Arbitration Proview below, any such ' , 11ts and se vloas are not
a part of his Agreenent all are subject Day to the tern and conditions oudirod
in she benellis or services bnodha2 and afar dkW doonaras provided b you
with respell to 1116 barrtb col ssrrioas We may a*K add, Of &We WOW Of
servicesat any time it<madencewM the inodwea a doc rnenh you receive
n addition, ay such l netts a savlces offered b y n th moat anent vesor
of the 'Guide to Boa shat replace and supersede the b erellis W W4=
that had been offered b you in all previous versions of to 'Gutde to Benefits'
Benefits'
wuhaR Further noft EwO as gwided by applicable lair, we are not lade fo
be ols or services provided by thin penes or the aetas or omseiors of toe
hid parties.
kbre, except as apl? I provided in to Arbitration Provakin below. lhiass you have entered
rib a Searcy Amour Assgnran Agreenwn with us, he amount Is unsecured. Eaoept
as provided in to Semrty Amount Assgnnient Agreement (i applicable). to amount is
not seared by cry otw prmpaty. regtrdbes of fir terns of any otar 0otaa b which
you and we am W*d We can Oft oftdq ary of our rights under this Agnonerd it to us
without bug hen The card is and remains our pop". ell you will surrender
at any time upon request.
Assign saL We may transfer your amount the Seaaky Amount (0 applicable), the
Security Amour Assigr<rent Agreement (I eppicable) andfor our rights under the
Agrasrtwa b an assignee. The assignee will tale our place under this to Ammrd mint (I
applicable ) Ammird (I with rasped ) and the h to to agaerrenb and twrosb trarebried The aasigrwe may
or may not be an 0111 1 d CapYl One Bank You must pey the assignee and otherwise
perform all of you obligators order hoae agrea rods. You may not transfer your
amourd or your dphits order this Agraenehl he Sxtrtly Aoowtt p applcable) o he
Security Amount As<ignmen Agneernent (t applicable) b any p- or ediy without
our eukp"s3 prior wrMm consent. S16jed b the preceding sentence. Nor Agmano will
be binding and i um b to benefit of you end our respecive summors, assigns and
Using Your Aaarit. You an make pwdlases and obten cash advances (I cash
advances are an option err your amount) by using your card, account ranter and any
account eases dads (Including Pudaes Checks, Cowahistce Checks, Spada
Transfer Checks and dher similar dads) to we may send b y. Add"orlelyI You
may re , a skip payment on amour sows dads, but we raserve the right b
charge you a fee for such services. When we provide you with amount access coeds,
we will W you whadw they will be basted w ptrdaese, cash advances or special
tsrsks. Unew we bl you otherwise, Convenience Checks will always be bee as
rash advances. We nay esk bkh Efferent segmmentts for your account such as a
purchase segment a each advance segment and a special barabis segment Each
segrron may be edjed b cons and co dTions hat as different than those that are
Our llabiy? I' any. wrongful dishonor of an account amass deck is bnbd b
the dock any ? darram and in no event
7 vrit i ckW 1, g 1hs s - suli>shall
You agree not to use to card or amount In conneelon wit any hornet or legal
garih6lrg tranwctors, but any nlenat or iNega gembl lraneaktons n wtnwdh you
engage wrh to card or acmud nerertliWoss vrl be sudhj<d b hb Agreertent and the
epplceble).
Security Aaeud Asapr<sren Apraeron (if
Your card and somwWO may ony tea used for valid and lawful pupceas. If you use, or
flWtoroe someone aloe b use, he mad err accord for any unkwkbl or ngerr iwlofe
pu om you will be respork<ble for such use and may be ferMied to renlbnae w and
fAesioCard nometioml Incur 'MabWAir or Visa USA, Inc. 'Yaw: as
applicable, or thsir auooesrcre fad anoints or ebgerses tat we or they M as a
resultof such un ark l orimpemhiwbk we. in any event any unlawful orknionnisside
sarhsscilone it which you ergge wit the mad or account nevcrtlrdws will be sub)ed to
this Agrnerot and the Security Account Assignment Agreement! (t sppiceble. You
agree we am not reepohsble I arryahe rWwask Ihorhor your cad a ammunL
w1h us, or such an somurd or balance of
If you a
such anaoooudwacolit cod or olhar sbasimedbusoronedour arifstss and agreed ref 1 1
MI-1- 0a of this prig aboard in to tam of your new account, to new account will
acct s fmroe doges hen to dWe fetthe newaccount Is opened.
Auhabol wee are not tiler xk* responsible for the accent An adhomied user may
Una aldtcord, an "past certain amount nlortrotm ad ran equest b be removed
from to ecoMt Su*c1 b am dbaet, en ad hamad wr rosy not be able b iniMh
orbs aches on the smut You Was to provide w wit i fonnehah Werdlying
ay
paws you autoria b we your amount, ndudkg their name, address, date dM
and olieri erdyng'nbrmalb we may request.
FIIdwge Rob. If you make a bana9CYDn in manency ether than U.S. dollars. VISA
nkrnetlarl or MasterCard NhYrnuioal wl moved to dwpa or credit rib a U.S.
doles encash In nom . wlh gi* apeaMg oroonvssbn p"oedu e n
etad at ts, the to batresldimlb is prmcessedInbmabrers regubow and
procedures provide het allselve April 2. 2005. the audwge nab betweerh to
bansed{al currency and fir btlinq enemy used for prop koansionF d
earoactona is eNtw (1) a rele selected by VISA ban to retype d aaapts6b rWes n
wholssaie w:" nwlheb hash the applce?btb"txroW pnomessing dMs, whirr reb nor
two ?centrs pocwelip dNa( MssterCadinknatsul"et onga d
Pee Pie aahenwy oasreslon nab l cow is elw (1) a whobssb merkel
reb or (2) a ovid t rnadeod "k n eked on the day d to mentral pnocssaig
deb.
Cash Equivalent Tra aKdons. If mash advances are an opUm ter your amount yyoouu
can sus you amound b purdsea adisin terms that we regmd as "cash equoaierlt
transados.' Al ash egdvebn baroactans wl be treated ascash adva oss and will
be bled to to midi 2 I , - serwn Of Ymr acoant Cash equivWar t franedbla
include wihmt Ilnibton, to padres of wire bansler worry orders, bob, lotay
tdoels, eosin losing chips and other similar pioduds or services. Nmtnig In tins
paragraph will be' - - p I nab watdab any traracto tut Is unarkl or impermissible.
Your Credit tkak. Your lift credit BM will be disdceed when your amount a opened
(or advale4 Blher ihldy. or at any bbr time, we may side l different =0 knits
fret appy b aliefea esp wb d yourabomm hush as podawa, cash a hwm and
spacialYaabs). Yourarrantaaat iWb wl be Idenlted n yourperloac Walw o t.
You pea not to slow he balance of your amount (including al transaciors, finance
doges and otw bas or degas), or to balance of too wpkdA segmmo of your
ammuht to exceed to eppiceblecredit infs. I you have been given the option b
naeex your seat Mint by adding lands b your Secuty Account (If applcebb). we
reserve to dgM not b increase W seat limit I the addMorot funds as pmvWed while
your account is in delouk We may nasase or decrease your ciedl lint at any lime
without prior olm b ph may termporady, nIncrease or dedras I yor creditlimb at ay
time wMnart prior nmtm b you, may Mot the credit inn for cash advances or may take
away your alit ft 13 obW ash advanoss. We hey honor baroact ne in access of your
Making Payrnersb. You prmise to pay us and are liable for all amounts due
rewifirg from he autortzed use of Y= card a aoous, Including MY finance
doges mid other changes due under the Isms of hit Agmemerd. Payments east
be made in U.S. dollars. Paymertb meda by a chat k, many order or other
nagoaabk krorunent (an 'hem j must be in a form eacapfahle to us and be drawn
on a U.S. fnandat iatnim. We may allocate parries and other credits and
proceeds among the various segments of your anoint, and to degas and
pnndpal due wthn each sapient, in any way we dawrift. kicluding balances
(krckhding new tr) wfh lower around pecenlsge stem (APRs) bebre
balances wit higher APRs.
Payments you rrol b us at to address for paymsm stated m Your periodic
Wabriva will be ceeabd to your amount as of the business day we receive t
provided (1) you send the WAMarroe Coupon PoAOn Of Your periodic Mainland
and your deck in to minlim a envelops provided and (2) Yu pay, 0- is
received in our prmceaeinbg conler by to lnhs Flan sbd m yar peihac <bbnrnt
Pbese allow at least five (5) business days for pJosgl kbiwey. Paymaro received
by us at any other location or In any etor form may not be cue III as of the day
we moae tem. Our business days are Murray - Sbrday, excluding hoidaya
Credit avalabaly may be delayed in our sob discretion to ensue payment In good
funds. I we accept a payment at some offer place, we may delay to aedthg of
the peynan for up to fire (5) days. This may mac! YOU to kart We Payment ken
and additional finance charges, and may result In your amount using declared b
be in de bull
Any "ninum payment that is due will be stated in your pwb& sidament You
must pay at beat the minimum pe merit due by to dab shod in your padocc
stakrnen to avoid a We payment in. However, you nay pxa yy more tan the
mirinrm paymard or pay to balance in full. In any case, Mh- , changes will
orhMna to be assewed during bung perbds dot you carry a bateau regardless
ofwtoheror notyour 9btenrentohms aminir<mpaymentdue.
We can accept late payments or partlel payments, or items nreked "payment in
fur or other similar language. or psynoft with a request in apply to peynroit In
a particular marr r, without losing any of our " under tte Agreement
kAWhg our right to moawe permit In fut No payment shd opaak as an
accord and satislactbn without our pdor wrt4n approval. AN won
c0wrnrrr icalas concerning Baputsd artounis, including any dock or other
Payment wwwrn oat' that the payment on unite -p"ment in fur of
the amount owed or that is landerad wit other ooridloro or bnilatas or as tun
satelscim of a dsgAad anamt must be mailed or delivered b Capital One. P.O.
Bak 0010. Ricmond, VA x12B5b010. You will not mYs payrtwda from fads
obtained from the amount or any cater credit account w1h w. If your payment is
made to any other address, we may accept the paymond wlwo losig any of our
When you send w check(s) b mdse DeYnont i yo ramoud, you authorize w b
make a one•l= abroaic frmdm /mm your balk ac l - - kr tie anoint d der
dock as indiraled by m i ,1l dlPt. This au arkaton applies to all dod(s)
recurred by w dung the blip period avant If sod by seasoner Was. who you
agree Is your aged acl was provided with two disdosuras in advance. This
aWonmton s not r , ", , by fibs deb m the dock and includes roaulxnwbns.
We will not be bead by any reetfctMe leged a cordflon appaatrq onthe face
orreverse sided to dock. t we cow paoase the Wacbontc transfer, you
aulirize w b make a charge "ist your bank amount by, ocesskq be dhdc,
rhetltkdechadk, dstors'aiisrmsiument
We may e4ist your somunt a approprlao b owed arras, returned Nara.
rejeced dablis and sinter manes.
We may, In our sob dtsaelo n, ater an smediled peynent evvim You as not
niquired lo use this service. Whan bclron ACHdebk odh reapediledh paynrnm<I p w m layour w=Kwemay
dogs you an egedbd pywort be in an amount disclosed b you W to ire of
the senvna. We we not respaabis for any dbhmor of to period by your
depository islMaon and may retain to be in heaven d ach dishonor
If you glue your amount number or oher accent 0 domatlar in solo person to
make a peyrrient for you or to ad on yaw babel, you agree tat we may dsam
yma account wlh that person and process file as I it were merle by you.
You further egos fret you will be "<pasbb itch all wnnwgnanaa of pymam or
non payment by such party, khdudiug expedited pepnmt, return peyronl bb
Paymad and over pmt lass. We "sstva to rigid b uatw b sompl paynord on
your behat or to permit anotw perem b ad on your behat
Paiodie Shilemo s. Each monk tat you ive a credit or debt balance of more
than $1 in your amm K we will acrd you a periodic ebbnwe as and win
requited by aI II ' " law. The pabac statement will show d trw - 11, re bled
to your amount dung the bigr?^'a'?y-r The bing period Is to tone from one
statement closing dote trough ndudlg the nod a e 1 'owing dab. The
stabmed daft dab determines the monk of a specific big period. For
sample, your Am" billing period is to bing period with to stal rna t dosing
dab in January.
rkanme Chaps Youwl be assesed finance doges aspreviously dsdowd b
you as part d toTLA Amount Dtscosuras oras we will dlecbseo you I requiad
by spp e" taw.
Temporary Reduetlon in Finance Chrge. We reserve the Aga b not assess
such hwnoe charges; In Mara b" pa fir right b
Other Feas and Gwpas. The bbwkg bes will be bled to to Prrdaee
segment of your accent and will be seaW as a purchase and V*d a"
your avaleda credit Mot WAM cowwiss spac0 1 in evoy billing period in
which Iry m A loth payment fee wl be assessed IAw?enedro not receive your
at ke "you periodic for it ID staler i0 an° over Will ee vii be assessed! I the
batennce of your amou t (err my segrrenid
, . 6
your accouno at any appNable lempoMy time penoerent gedR during the bft* for any Mason, is greater than the
as a mvA of a transaction, tnanme c urge or any other be or dage, even If approved
by us (q) a returned dodt fee will be amassed N we do not honor any axon amass
dw* for any Mason; (wt copying charges for duplicate wpbs of transaction
docmxnlatm or periodic stetemerrs will be asom ed on a pMal basis. unless
required for berg dbpute resolution; (v) a rebmad payment be aed ill, for
any mom, (a) a chedt, draft or similar inshowt is not honored or carrot be
gocessed; or (b) an electronic debt's rebnod unpaid or cannot be processed. You
&MWtM us b M I*I* uaM , psy rods b our derelict At our optior% we mey
assess We be each lime your payment is not honored or paid, even l it Is later honored
or paid folodrg resubniseimro. Anyrdeck, draft or stria i sounwo cosy be mNected
elechortcaly u resroed ter k I sudlf or unmleded bids. We may, charge any of
these tees or drags, or add KW=ml fees and chwges below. We
reserve the right b wain arly Of mess INS wiled prior In you while
maintaining our right b assess these bas going forward.
Cash Advance Far. If can advances am pan. ited for your account, a ash advance
fee finance dw" will be rx aassaosd each fine you obtain a ash advance or cash
aNpppxifeadiaadpebaxsrfiorx M added b txe cafx advance aagmed d your amount aW (fi) The advance in inance
ouch lie wi be added to o1wr limo c h arges shown onn youir pe?iiDdlo stbNner t
purpose d for that
billing the an n all araw disc dp i great billing period ge th haan may and
p-loge rats to you. hIp ?r?paed
?a d axMUly
per". union apsx>Af sly BW*IN.. the trerally tee Is
your
Kett be mewed in the biig paled In which each wnkereay of rie open hg or
amount nears N the morrbsnhp are is aaeaed Erew"", it ME be assessed in each
. The fee will be WW to to purchase of and be
boated a a purthose and applied against your lable credit lm?k, The rcertberslip fee
wN notba r UxW, in whole a in pwt, even l youawe carat tie aomW.
Trarofer Fee. A fee will be amassed for each harsher of funds from your account b your
fee
Security
segment yow mom nt wd w ??i by e heated at ex advva aucad appliedda against advance your avalab of
aedt init.
PS Roa n Transaction ChugL F
U =am you a fierce dim as previously disclosed b
U .S. TNdbdss
you applicable e lawof to TILA Amount Olocimme or as we will . Thebe bewi based on the S.ddsramount of disclose iD you K required by
Inmeaction.
a
Craft Barra Information. You agree teat we may obtain iriormala about you from
credt aperubs or others; at any time and use it for the pupa of m orkri g
your adit , managing your account and considering you for now offers; and
Securtly stemst The terms and om N" contained within rile paagraph apply or* N
hn for the amour sood tat toe amount will be a secured amount You
preylded as w1A cetto funds, which have been deposited in the Security Amount To
eearw payahat d the belernos of to amount and all aria amass owing under the
tense d tic ItQMen. and Me S?IY Amount IssgMnNd AgreNad you have
to a aematy interest In the Security
traneiaoad, 42" nsd and gMOOied to
Amount ot the Sematy ACmud, of pro.eds nth bagoing and all
that were placed ft the Securttir Account. a addMasl lends added al brads
In the Soourtly
Amount by any person and any ktaesl awned to or accrued on to Searcy Account,
The terra of tie wady Interval: ant ad bM n the Seedy Amount AssWm nt
Agraxnart Ny youAosdeloulttor 1611 i9 by yw of the terms of this
d.eyaaauoudor
(i -e aced your smort ter any ream, we may ton orsweater r and without prior
notice In you, exercise our sea* ktuMSt by deductkg from your Sammy Amour to
basMx due an your amount and d miner womb owing under the lams of this
Agmnad end h Seerrty Aomust Ag,m,m, We may oxerdme ins right
b make such deduGbns fens your Somaily Amount periodic* as we debrrrine to be
appnhprids. Winn a* dry alter to deb your amount Is dosed. we will sand at
remaining tends In the Searcy Account to the perm sgaty entitled to receive them
Future Offers. The isms of any Mae offer mating b the amount will be disclosed to
yyoua at h tea the offer Is merle. N you accept an offer, h bas will bow, elective
Yaooedetey -w a donrse spedted in the ota.
Deteut. We n ouroste dscretm, dedm a dda* ado ths Agme o t t (a) war
do not Matw toe ful amount of ary minims n payment on or before the deb it is due,
(b) you axmesd any credit ink or (c) an bm used b mW paynwt on your s mud Is
not trounced or caret be prop m al, or an electronic debt to =710=1
amaw Is mka M urodd or anm of be oroassed To rim extent wblde ay d tie other terra of fro Aoreamd or seamy Account ffm
oism nt (l ))=? (2) we Awe decoct you b be n default under 1he lemn of
any dos agreement wtn es or any of am axles or (33) we detenke dot you made
any Isla or reieissdkg atetertrrmb a yyoouurr a?p?pWon ter. or regarding the we of, the
amount or oewwsa aft, in dekaud a, (1) f>edaupky or odwr krakanoy
pr, 111 0 a our Instituted by you or agaet you our (5) you r or am dadaed sgdy
nomr paint or nrapecioted• At ay Aso fnloainp any defatt uoda? (our
dbrweesug?ivectctyouaryyyYngoticeorrght locumtrrpadaa and autt l cow by
tss),you finance will be Agreeme t. i MoK any appliab a ddatl toss gaNSt b the W" at
n
obteked. AdMm*, we may. at our cos option. (x) i?hi cot allow ? to rndoe any
new purchases or cash ball I` con your aomuM(e), (y} Marcos your mktosrrn
wlh suds notice as may be Ngdred by applcebe ow at W wbjed b the
.. ns of applicable law, dome you acot0s) and demand fmr>adeis payrrwt of
the axis outstanding beome plss it o0wr amounte awing under the lams of rim
Agwnue andhSamityAomutAadpmnentAorearont
To to extend ponied by applicable law, you agree to pay us all d our actual court
oats, aA on s pesos ad domWs fees (wlrta pdd b an el m" who s coed
our Nrpbyees or an rioroy who le not one of our anpbyea) maned by us In h
collection day wad you owe us urea inn Agreement. You also ago b pay us d
d our a t usl own that we kwvr n your cams, ay matswe mey
nor by hevbng your sang pte.d an a reatrI Not. Nothing In tis paragraph shot be
ombued In waive or impede our right b haft erbiaaft in amada ce with the
Arbitration Provision below.
Account Classes and Suspension of CmM Privileges. 1) We may, at any lime, with
awitwtcase,with oradvance notice, and milardwas dthe, i, or
normblence of a ddsut under this AgmemoK eaoei h eoount andihr temporarily
or pemo enfyr you credit alder tic Agreement N we can.1 the
amount, you ago b nnodotey deakoy all cads end unused amour amass dads.
yo cter obfgaton s under this Agroo me t
( Yaw obligation In male psyrO" and u
vnll mnine in fun fora and eRedahar io accent o araeled a your aedt pdwMga
am lemporarly or psmww* suspended . Cano+Mion of to amount andfa temporary
a memword ash as 11,n d ymr aedt prMbm wR cot afed our sKu* Inbreei n
6'h rwikw found a tie bade d youu a" and or, l ditwt the
1 in you peAodlo stetament and requesting an account closure. You ego
ands and unused account emess dads, anal at preaAar®d bang
005113
artarigartaaN and cease uussiigg your nd and account. N You do not cenoel at
preautnalaed MV wwngedhans, yoau and we will consider our receipt of a
preat,tuodaed debt b your amount b OWWAN you aioabzet n b Mayan the
arrant on the Iomis set fomh in this Agma o end the Security Account
AsslgnmentAgteement(tapplicsbe).Youramoudwill ntrtWdowlunit you pay
all amonts you owe us under to Agreement and to SNxuty Account
Assignment Ayrtkr.nt (f applicable) indud'eg, ~ limitation, any pumhase
and cash advance trensackm you have authorized, tnerae deoges. tab
payment fees, over limit Now, refined coda fees. returned payment fees,
membership tea, ca'h advance fees, Irasla toss, copying chilies and any
other fees dwged to your acomml. You are wpm" for Von amounts
whnelar they have been Inouned at the tae you request a dosue d to amount
or they are neared eubseweal b your repast to dove the arrant This may
rMlt In dwges app?rYg on your smmunt afar you have requested to amount
b be dosed ant f tl» aa>ount has aMedy been dosed, to account will be
Agmanat and to Somolly Account
moponed on the torms
AmIgrn MM Agreerart (If i ®). Far example, l you autlgrme aarpurchase
from a merchant and we re , your aooont w? chmp M opae?d, the am t the dwp will ant
has bow coxed unt be
added to your amount and you will be mapore6le for payment under the bas of
this Agreement, and the Secuoty Account Aomema d (l oploiceble).
The membership fee for your amount will Mme be dwged, to the extent
pMMted by applicable law, aht the antis amount belarce has hear paid In fun
as desalted above. N the account is reopened, a new membership be will be
dw* to the amount as storied above.
If you, sing as the prin ery rzednolder, wad In terminate a joint accountholders
our an autaized users access to the amount, you mast al our Cusbma
Relations department and request to lamindon. hwmdd* tweeter, you
agree b destroy that pasWs cad(s) and do" cry Newt amount access,
chede in that person's pDomesi u. Them may be a delay in to elfed ive date of
the termination, of tat ppmon's amass to the amount. The somut will be
dwges
d-*, and you &W any
thmush the use to aid or the account do dwill be responsible. for o eo ilhokbr ?Wraimd
user tut nor prior b the dactra dab d the termination even N tie charges do
not appear an the amount unit a telsr lime. N you are unable to destroy, the jdnt
aomuntolde's or outa ved user's ad(s) or b destroy the a n used account
emeas docks in that pemon'a possession, and you al our Curtner Resume
department to dose your amount your account will be dosed In accordance wlh
the preceding paragraph. Eiw you ardor the )mkt antholder, t any. may apply
for a now amount
Chan ." N Tams. We may add b, remove, amend or ddewge any pat or
charges. w? (inof this Agreement Inchiding to annual cluding adding new p 01.4, . Of to esmoe e ra d ftm nnae esthe
P
916 proWeb? In this AgmWNMQ at any lime. N we do so, we will give you
not. d such anahdnva a change l ra4aev by Federal Iw arVkgkia law (b
the extent not preempted by Federal in) Wee we had previously nnatled the
customer that the account would be subject b such amendment or d wge witnut
zeta. Notice will be meted to the sat billing address I I I in our records for
the amount, However, no mo-1 will be l we p wAw* hed notNled you
that your amount would be abject to such emsmirmo a dwW wihod notice.
Changes No the anmlei pmo~ rate(s) will copy In your wising account
balance from the eteclve date of the change, whetMr or not to amount bdah.
ndudes transactions tilled b the amount bake the dwge data and whodw or
not you court to use the amour Cho" to Pose and don charges will apply
In your account from h effedve dos of to conga.
Gove nYq taw. WE NNff THE DECISION TO GRANT CREDIT, OPEN AN
ACCOtMRT AND ISSUE YOU A CREDIT CARD FROM OUR OFFICES N
VNOttA. This Agreement is No be amsI In wccodeaoa with and
goversed by t the lows; of #4 United Stalin of America and by the Internal
-.-Oh dYY?hoq -M at ?Mp N(Nd No take of
laws of On law rule do would Cane do npplalon also isws of ay Jnrbdktbn otor
than to lows of the unsed Shies of America or the lento taws of the
Commmonswth of Virginia to the trIyyhb ad Miss of the pores. This
s nude In VhSNte t whN3e aMAr Y1yfFmdnnat law and
not b=ie "m spat of sk Agreement, Agrsarrwill two rod as N
to rwrtoaanble or Imaid part were rat them but the remel ft pate will
amain in affect.
Naives. You wake the right b receive rofce of any wave or any or
prmabnaM, demV4 Pulled or dishonor and any you may hew b mgAm
us b proceed agafst amter tetra p?f ow you. You also
wake, to h extent pamltmd by appyf.6le tew, eery d irnta/ans ufeterse
for an eddimal period d fro equal b the applabe ln>ratona paled.
Lod or Ghnan Cards or Account Access Clods. N your ad(a or account
access cooks are lost or Aldan or l osmooro arse may be using tam widw
your penoisam nth es at once by calling to tekpaa number on the beds of
Your Nb?k scat 15. YouadiS bmK of be?ire aWephone number shown an the front t CaptY r. P.0 Box 15Riddmio nudr,
p
for unourimdzed uos d your
VA M-50 15. Ya wi not ibe able in any amount
adsaemoudaccess A wk,
You some b all to d once l you dwga your rune, address, Iaiephane member
fir employment You ego to like us willsn notice of wry dwge in your losing
address at heat lei days bdooo the cpaarge. Clio be mom in tomsppaEcee 11 tralofswfg Capi1M OrroP U Bo 85015. Rkhnad VA 2M
5015. l your amount Is a joint account or l mesa than am person is psnntled b
wet youagree led d mimes mgw&V h omowt msy be mt cosy b ine
address shorn on our billing rends
Comae rdicad o. We may reteass kobn."M in otoM regardo to New or
hsiory of you amount as sot bra In the Capitol One Privacy Notice. a M Of
which lice been provided In you. We may mein ovum of third prates In
commlm with meirinkg ad m1ectrg you soonk and you aatorize such
rilod parties In relsesa it molmn abet you b w We or our op mm tog weary
ranted you from ioo b Ire Mg, - h amount or b ark for addiaol
Monahm about youu a room 91 1- os win CoptM One. You SO" 20 such
motecto am not soldted ant not idled except as e eeMy required by
spp1cabls low and soy nnwtbom canted khkmolan you have provided or ht is
a6, .. from othw so roes For connote. we may omiact you at your home or
piece of WW4yrmK dukq wasuends or 1 oldeys on your nakk tesphone.
vdceref or wwrkg machine, and py amt lac, recorded massage, led
nwsrge or pa I sl vet Except as oealrfced by asafab a ttr. we may nnNa
or record any ate we mein or Moda, suppress a Irkrnfiicafiorn services and
use an adovoted dialing act amnundng device.
ARBITRATION. PLEASE SEE ENCLOSED %1RNTROWMN PROVISION.'
PLEASE NOTE THAT THE TERMS INCLUDED N THE ARBITRATION
PROVISION ARE PART OF YOUR CBSTOIBt AGREEfEttT.
0 2005 CapAel One Services. Inc. Capital One is a fedemly registered mviee
matt AN nights MM0rvW.
D318-17-0305
ARBITRATION AGREEMENT h'1-75733
/ • IMPORTANT: THIS ARBITRATION PROVISION IS A PART OF YOUR CUSTOMER AGREEMENT
YOU and We agree ad ~ You a e 1111r, at "No Ply% SW
re?dR tw m Chim (a3 defined bit* he W&M ey
eedan Procedures red Lear ABPtIWIa In AroMRaI. This Arb"ia
Provisol 11 sloe Pretest N a ULBadmn IIIVdPYIII tdarsto
,
NndkO u . t constants and Asp w yavwrd by end ambrcaAle emend tlal fedani
Arbbedm Ad jme 'FM . Go ions shod whether any Claia_ k
Ad
bahn
0
thi
IF YOU ON WE ELECT ARBITRATION OF A CLAIM, NEITHER
YOU NO WE WILL HAVE THE RWRT TO PURSUE THAT
RY OR TO i
ng
subject to arbitration ?I De re and by inleryre
s
Promm to the brrddsl wy E m? be enforced, rnBislM with in
Tb arh'Mbr wgl appf
awn olmt ArbhralM Prowgm
FM
d I
CIMR M COURT OR EFOE A JUDGE OR JU
PARTFCnn IN A ?HAOS ACTION OR ANY OTHER .
Ol
II
substantive New mns6Rd with Or FM and appiuble adrems o
COLLECIWE OR RBRMEMMVE MIOCEMHIO. EXCEPT AS
SET FOM BELOW THE ARBRRATOR'S DECWON WILL BE Iendtdt x bid IN vafAly and ergacdarg parry class action wine
Is a srbn for a coal of nit an ummi . t
rmOs
a 6: roil
I
? a
RI K No BMORio. OTHER MmTi THAT YOU WOULD
WOVE IF YOU WENT TO COURT MMM MB THE RENT TO
comwr ommyERY OR TO IIaPEK, my BE Lam on g
II ry
ge
6w*. The arbitrator may
by applicable amsffdve IN (hut will not have pow to review th
Its papr?h 'No c4mlkm t
eNaaahAiry or yRrayNry d d
*ro lhi son
t
b d
'h
6
h
d
tNUMIMLE IN ARBrnMUN. 71E FEES ASSOCIATED
WITH ARBITRATION MAY K HIGHER THU THE FEES ddw).
ero
s
u
em
utt
Jdnder of Pardp.
obhgagan d orgy Ital named pwlan red only wOI rasped to R
ASSOCIATED WITH COURT PROCEEMM.
it
Caims in Bbdtalion. The vies iWaoced um of me Administrant
i
h
ma
obfain from an s hall Moment
t
Spatial OdWOm ties ink ArUtraBa1 Parities. For the
ptwpanan d dta abbNtoa proviain CArWWn Prides 1, Me
' you
y
w
l
c
arbitration vies: Italy critiid with bia Attention Pronouns in whit
rase this Atbhrkion Provision will apply TIM r0itratar volt net It
hA mot he subl d at. O
l
l
n
A
bt
ti
P
d Ed
nNaB set forth in
mlmwhhg ddk*m NBII a? In add I on to Be dd
ran Cusbmrff AOared (" y tsu Ent rov
r
a
n
s
d
a
band by, an
e
RdBaL soh of Idcd rues of Fsoudlm and sisals out mqw
lat
tio
t
maim' mon awry dim. cabrrsy a 6spde d wy kind a nature
bAwkn you eno us. o ra
e
or any coat. or to sae or Nit laws Old re
proceedklga. You or we may Ise a him in arbtation. N
amratlul tleaing Ita l you attend in person wH pace r a bcedt
A Thk deflation hapWdas, sdtlqut linubbion. any Calm tend to
anywwyrtrJfromoryew to in de Lde judicial Behid tie rtndea your aldtlorr bilhr
addteuavtwmdewpaceuW1illdlyeuBitweagru.Youav
• h Apmeartont and any of is tens Cftaieg acct prier agrtemme
batm you and us in heho m you aed any other entity hoar whip may be mp mM by erwaat. O you or we root OR arbRabr W
boom dame of pminip recogdud order MpNmbe law and will u
we mordred yaw accuse
• cols M MMIan Provision Fmceding whether any Caim is sujjed best Aorts b Indent conlidenOst rmormid n (ialludnU through d
use of protective orders). The arrTater wlll rose wy auto In wrm
c and. at Itshardyripestaslow pitywillprovide awri mstore
ard, operation or twnination we you roses
• f Ndifi
arrolalro a aOa mnnurolatian
dal berm obwbwmR
pr of rwru her the award
.
warp b your arms. Maher teY rVeted beloe or do your
• ry?tral was opened
• any Ohilkmg or mledtm etMs rW6G to your avast
oeaaedk)myaraaaR
•a
any ygoods Is WA ia draped to your a ece occouA
• IM. r or R w or
• ms odw tlaryk amended to your aadat of
,
mbmw
• my peodude. mvim or berlRid tooled in a DMM Vn
-ammRYOn we your acce o Inc n0 any IMUrana, deed
aleAAon or otoM Inrvb onE- any prapalm.tehe.
raanrds, swW WIm, tneMerahpa, discounts or caAar) whdhu
or Ind we daltod, haedmed. sold a woviAad mInI
•ormci%Kt eadbdo nofwyiblance Siyyaauumyarean
• any door mdrt raWkV to your accost or youraWomhiDR m s.
- mpdm of how Be wiver, If is brought (lot excirmle. a an Right
based on a" dew d relief or n Onchurling amm
men row fem of Back mationnarm or Kxzft declaratory of
=kdudimil coined tort.
brand on any NM of Bar or
resobilymorityawroneconnectiodwiltyrovol or
p era
ro in ban cy)
Including .. Investor or low !two ime not
mnw at IN we ft Claim is )
now in midom a, that " Islas in ft e, Of tw the
hotel told ftmialwas that give rise 1, Cb or otten
wells a part of a III other. prh* ownej Defeat action, or other
= NN a or collective seem which Claim short prommell on in
AdOrWA n AdalnkNaetre. One at me tcl owklg arahalin
edalOllk*m rAYdntslr for or. attentively, 'MminidumrsI will
atkletM Its wbih bw
JAMS
19M Man SL, 5k 300
Irwin, CA g2611
wwwjamBW.com
American Arlitm AMe Asen
135 WAtsm Ave. Floor 10
New Yak MY 10017.16M
ommeadrag
Ndh" kbftgse Fenian
P.O. Bur 50141
Movements, MN 55105
nwaamoytelan-bnwmycan
You an
of ft Atom to obtain alai or
ahlaft eabitha Mca nit intentional, In schWuks and
dais elm
Cents. The parry k koffiq arb'mYlon will pay tle Irlal fift ad. YOU
may xA a waiver of Ite initial Nine fee a at the AdrrdnWm d t
dew sea cotwiwly. -AdmmYbrlde FN><) user any opplicam
elan d paAEddatra. Nyn aaekyabruldonol gpwpMymr, awaiver, w
, or mhwrm YOU
will cm** any written mqLW by its us to
for oil or at ft AMrJ*aW%
Arlinktionaltalt Owe goods rpart asoonkr to Fw?R pq rda IQ do so. ft any lood well CM we
are received to pry by her Otherwise, and Incept as provided in our
Aprlsnea, you net we will her all of our rspecitive lean and =0
Ao yea on
ranya apera L n . ran and M Use and ? tai
of cos and costs mkft m appab ahba0m wilaaksYt?Nedbdkdft
sent manly. I
Me Consolidation or Joinder of Partied. The abibaben of arty
Ctito not proded on in Ir d riduel Okk. even I ft Corm his bun
Ux? „Window" or ciesseclss? tkds alb Arlan -
m--seeder you nor we they Ion. cadolde or d bvAu bring Cakm
tolated to two or mom amounts, bdrkaB or Reaallholders at Me
sore notation. Aso. seas all partial comm. n Olw. you nor an
may mm a data sdboa, tairsk am* gram Khoo of doff
reprInertBtl or coleft action In shielded. nor they you or we
purr mhahomiaCaatIfnypaybudKWmtftdmYouwB
not Ire toe right to ad as a deal uprmntOro or pukpae as a
olemrf of a class of drrruna with noW to any Claim so to which
arhier" has loans a I =d Appeal. v~
docision will be fired W4 bkliliJoyoudi tans
an appal at Yon award by mmi a won raeumtb our A**Wrata.
The appeal pawl, which will comet of Mean wbtamn, wO coheNr KO
actrlat and tea, iswwe row. wind erradd the app! b fit* sans
mum an ft Intel a pram ad wii ndo de isam bred on the
vote of ft eajddly. The weft decision will be Ind and biteft
rod decisiond IN arbitrator or of doar pod tnflMtbjtGs.
ranbm amy m sou tM u derYB FM M wwd k *Mtrg n toll M
entacanme now the FM by any court hm q jatdchpt
to nequore aWm of connection well Old or day other Chun.
Arbination Provision strall survive: If) suspension. tormineflon,
revocation. donors or clesm ol this AgmiK your account sell Poor
rddbx* with us: III the hadomploly or insche" of any porty'. art
to arry offor person or onfiry If any portion of Ibis Provision
A, lmm. In ft
mdtooewpoVW=dftAommdorxNpriwag,m- the
® 2005 Caput One Was. Inc. Capitol One is a edertlly 1451OW
MY= mark M rot reserved.
11
S
Ob
W
r?a
O
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2008-06138 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CAPITAL ONE BANK USA N A
VS
NOTZ JESSICA
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
NOTZ JESSICA but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT & NOTICE ,
NOT FOUND , as to
the within named DEFENDANT , NOTZ JESSICA
6520 CARLISLE PIKE
MECHANICSBURG, PA 17050-5251
GIVEN ADDRESS IS A SHOPPING CENTER.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
So ansswer
:.
18.00
' ?..
?
.00 -
L=?
5.00 R. Thomas line
10.00 Sheriff of Cumberland County
.00
? 33.00 GOLDMAN & WARSHAW
10/20/2008
Sworn and Subscribed to before
me this day of
A. D.
David 1n.. Bue((
Prothonotary
KirkS. Sohonage, ESQ,
Solicitor
lfnee X Simpson
15G Deputy Prothonotary
Irene E. 94orrow
2'id (Deputy Prothonotary
Office of the Prothonotary
Cum6erfand County, Tennsy(vania
,OR-101.38 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 25TH DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R.C.P 230.2
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square • Suite 100 0 Carfisfe, M 17013 9 (717) 240-6195 0 Fax (717) 240-6573