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HomeMy WebLinkAbout11-7319Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: 757-518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff V. A J SPENCER 203 LOG CABIN RD NEWVILLE PA 17241 Defendant NOTICE fi r ; tiJ Gil) - r rt You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action withing twenty (20) days after this Complaint and Notice are served, by entering a written appearance, personally or by an attorney, an 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 judgment may be entered against you by the Court without further notice of any money claimed or any other claim or relief requested by the Plaintiff. You may lose money or property 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 HELP. 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. Lawyer Referral Service - CUMBERLAND County Bar Association Court Administrator 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Pennsylvania Lawyer Referral Service (800) 692-7375 No. I I - '1319 aiv, I -F rr' 0 4ga.O0 PIS A'teq 01411 U(P This communication is from a debt collector and is an attempt to collect a debt. 0'o 1050'2(0 Any information obtained will be used for that purpose. Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: 757-518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff No. V. A J SPENCER 203 LOG CABIN RD NEW VILLE PA 17241 Defendant NOTICIA USTED HA SIDO DEMANDADO/ A EN LA CORTE. Si usted desea defender conta la demanda puestas en ]as siguientes paginas, usted tienen que tomar accion dentro veinte (20) dial despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o obejciones a las demandas puestas en elate contra usted. usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un juzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamdo en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LAMME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIlZ UN ABOGADO. SI USED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE 1NFORMACION ACERCA AGENCIAS. QUE PEUDAN OFRECER SERVICIOS LEGAL A PERSONAS ELGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Lawyer Referral Service - CUMBERLAND County Bar Association Court Administrator 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Pennsylvania Lawyer Referral Service (800) 692-7375 I his colnintinicition is irom a debt collector and is in at milli to ?'€>flcct a d1wbi. Any lil?foinilation t>l:)Fa11'ed will be ?r;c l i'Or Thai Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: 757-518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. ; Norfolk, VA 23502 Plaintiff No. V. A J SPENCER 203 LOG CABIN RD NEWVILLE PA 17241 Defendant COMPLAINT Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 140 Corporate Blvd., Norfolk, VA 23502. 2. Defendant A J SPENCER, is an adult individual with last known address of 203 LOG CABIN RD, NEWVILLE PA 17241. It is averred that Defendant was indebted to / CAPITAL ONE BANK N.A. on May 30, 2006 with account number ************3000 (hereafter referred to as "Account"). A copy of the account history is attached here to and collectively marked as Exhibit "A." 4. By using the Account, Defendant agreed to repay any incurred balances and/or charges made to the Account pursuant to the terms and conditions governing said Account. Failure to pay Defendant's incurred charges on the Account is considered a default. At all relevant times material hereto, Defendant has used said Account for the purchase of products, goods and/or for obtaining services. 1. hi ?° =In).cation tr(,,A a debt ??f,i? nd "? ? <?e€ernrFt. tc+ c alle?ct :? ejeht. 6. Defendant was provided with copies of the Statements of Account showing all debits and credits for transactions on the aforementioned Account to which there was no bonafide objection by Defendant. 7. Defendant was in default with respect to that debt for failure to make the required payments on the Account. The last payment made on this Account was on September 18, 2009. 8. Plaintiff is the purchaser, assignee and/or successor in interest / CAPITAL ONE- BANK N.A. and Plaintiff is now the holder of the Account. A true and correct copy of the affidavit is attached hereto and collectively marked as Exhibit "A." 9. As of the date within Complaint, the remaining balance due, owing and unpaid on Defendant's Account, as a result of Defendant and/or any authorized user's use of said Account is in the sum of $1,500.60. IO.Despite reasonable and repeated demands for payment. Defendant has refused and continues to refuse to pay all sums due and owing on the aforementioned Account, all to the damage and detriment of the Plaintiff. 11. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. WHEREFORE, Plaintiff respectfully requests this Honorable court enter Judgment in favor of Plaintiff and against Defendant, A J SPENCER, in the amount of $1,500.60, plus costs of this action and any other relief as the Court deems just and reasonable. Robert N. Polas Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 10-90746 I hi ? t .[r ?r? ica€ic tr ie. (from a debt " -)d is :? (i"l?i ,Irv injormattion ublaincd l 1) ?? cc ko! 111A 3 €r VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Yvette A Stephen hereby states that he/she is authorized to take this verification on behalf of said Plaintiff in the within action and verifies that the statements made in the foregoing Complaint are true and correct to the best of his/her knowledge, information, and belief, based upon information provided by the Plaintiff. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date : AUG 26 2011 By: Usrr?'% M - - 'Yvette M. Stephen Custodian of Records 10-90746 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. EXHIBIT A PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Boulevard Norfolk, Virginia 23502 Telephone: 1-866-428-8102 Fax: 1-757-518-0860 Statement of Account Account: ************3000 A J SPENCER Account Holder: A J SPENCER 203 LOG CABIN RD NEWVILLE PA 17241 Consumer Account Product Code: VISA Issuer: CAPITAL ONE BANK N.A. Assignee: Portfolio Recovery Associates, LLC Account Number: ************3000 Date Account Opened: May 30, 2006 Date of Last Payment: September 18, 2009 Date of Charge Off: April 26, 2010 Balance at Purchase: $1,519.93 Purchase Date: May 17, 2010 Balance at Charge-Off: $1,500.60 Less Payments: $.00 Balance Due: $1,500.60 10-90746 CAPI17 THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. AFFIDAVIT State of Virginia City of Norfolk ss. I, the undersigned, -Yvette M. Stephen , Custodian of Records, for Portfolio Recovery Associates, LLC hereby depose, affirm and state as follows: I am competent to testify to the matters contained herein. 2. I am an authorized employee of Portfolio Recovery Associates, LLC, ("Account Assignee") which is doing business at Riverside Commerce Center, 140 Corporate Boulevard, Norfolk, Virginia. I am familiar with the policies and practices, as well as the books and records of Account Assignee with respect to the matters stated herein. This affidavit is based upon my personal knowledge of Account Assignee's record keeping system and my review of Account Assignee's records, including a review of the business records transferred to Account Assignee from / CAPITAL ONE BANK N.A. ("Account Seller"), which have become a part of and have integrated into Account Assignee's business records, in the ordinary course of business. 3. According to the business records, which are maintained in the ordinary course of business, the account, and all proceeds of the account are now owned by the Account Assignee, all of the Account Seller's interest in such account having been sold, assigned and transferred by the Account Seller on May 17, 2010. Further, the Account Assignee has been assigned all of the Account Seller's power and authority to do and perform all acts necessary for the settlement, satisfaction, compromise, collection or adjustment of said account, and the Account Seller has retained no further interest in said account or the proceeds thereof, for any purpose whatsoever. 4. According to the records transferred to the Account Assignee from Account Seller, and maintained in the ordinary course of business by the Account Assignee, there was due and payable from A J SPENCER ("Debtor") to the Account Seller the sum of $1,500.60 with the respect to account number (************3000), as of April 26, 2010 with there being no known un-credited payments, counterclaims or offsets against the said debt as of the date of the sale. 5. According to the records of said Account Assignee, after all known payments, counterclaims, and/or setoffs occurring subsequent to the date of sale, Account Assignee claims the sum of $1,500.60 as due and owing as of the date of this affidavit. Portfolio Recovery Associates, LLC a:.,. -W, 16 By: Yvette M. Stephen , Custodian of Records Subscribed and sworn to before me on (: of , 2011 i Notary Pu lic 10-90746 i 11 L 1 it thai purpose, Capital N.0. ? ?. 15000 Capital One Drive ?k Richmond, VA 23238 8 Exhibit 1 to Forward Flow Receivable Sale Agreement dated December 18th, 2009 BILL OF SALE Closing Date: May 17'1', 2010 Capital One Bank (USA), National Association ("Seller"), in consideration of a Purchase Price of and other valuable consideration, the receipt of which is hereby acknowledged, hereby sells, assigns and transfers all right, title and interest in the Accounts identified in the Sale File entitled 20100512.PS41CP.SLDFLEI.TXT. (which may be in electronic form) to Portfolio Recovery Associates, LLC ("Buyer"), without recourse or representation except as expressly provided herein or on the terms, and subject to the conditions, set forth in the Agreement (as defined below). This Bill of Sale is delivered pursuant to that certain Forward Flow Receivable Sale Agreement, dated as of December 18'h, 2009, by and between Seller and Buyer (the "Agreement"). All capitalized terms used, but not defined, in this Bill of Sale shall have the meanings assigned to such terms in the Agreement. The Cutoff Date for the Sale File was May 12"', 2010. The aggregate Unpaid Balance of the Accounts as of the Cutoff Date was ' " CAPITAL ONE BANK (USA), NATIO A OCIATION By: Name: David Wasik Title: Senior Vice President CAPIT/7 CUSTOMER AGREEMENT Welcome to Capital One* We are pleased to have your creditcard account This Customer Agreement contains inlomrafion aboutyour a coml. Please read it and keep it for your records. Your contractwith us for the card and account ('11to Agreement') consists of this Customer Agreement bgetsrwih any changes to ft Customer Agreemerntihat we make as provided below, the SecurityAccount pI applicable), the Secrrity AccountAssignment Agreement (laWe"), Capital One Prnamy Notice, any account disclosures provided and derrrered to you prior to at at the lime your account opened, Including diedosures pumrsM to requirements orTrtM In lsndn9 Act (heminatter'TR A Account Diadomme), as well as my subsequent nalces of charges bthese downbnts,andanyandaldocuments hetInclude your signature onclui g any electronic o?(Il9ffel strekme) on ay, aapplication, sales slip on other evidence of indebtedness on your accost In this memart tie words you: your" and yours' refor to eecn person who signed the application ceBon for ge account (aeon, a 3obd a 'Authorized Use?fxceke ept as who is authaitted IID use the amount In any ? spedfical , stalad hereto, each ooyou b leach, individually, and jointly ahfgated urder tae Agreement. The words tae * W and 'our' mean Capital One Bank and its successors, assigns, agerds andbr authorized represeetallm If the appieailou for pie ammotsmmd thatthe Beeountwil be a This Agreement and tpheSecurityAr?untAssgnemennttAgdmemeMe(ifeap secure your future, apply to except alter Ca One Bank WM but as provided Into Ore ArbMadonMProvsio be?bw. have, Unless your have entered into a Security Account AssigmnadAgmementielh us, to acco ntis unsecured. Except as provided intineSawriryAccwMAssignmeMAgmement( appliceble} theacmuntis not secured by any oherproperly, regardless; of ho tams of ay other cordmot to which you and we are cubjemt We can delay eMOrcig any of our rights under this Agreement without losing hem. The card is and remains our property, and you will surrender it to us at any tote upon request Assignment We may transfer amount the Security Amount Of applicable), he Same* Account Assignment ?eernent(dapplicable) xWor our delis under gds Agmement b an assignee. The assgree coil take our place under gas Agreement he SmxudyAccoud(Ifapplksble)andheSeattgyAccouM ' nmeMAgreement(f applicable) with mapact to the aQreemenlB 1"d[ nitereSfS . The assignee may or may not be an amliate ofCapria One Bank. You must pay he assignee and otherwise paWrm all of your obligations urderthose agreements. You raw not kansharyour accountor your it" under uric Agreement the Security Account (d applfcade) or he SecudryAmountAseigmnent Agreement (if applicable) to any poison or etidly wow our express prior written consent SuWID tine precedrrgg aeMdhce, gds AgneemarNwil be binding and imae to Ve benefit ofyour and our nespemdve successors, assigns and represenlahves. Using Your Account You can make purchases and obtain cash advances (Cd cash advances arm an option tor your emounq by using your card, amountmanber and any amount access chards (including Purchase Checks, Convenience Checks, Spada Transfer Checks and one similar checks) Mwe may send to you. Ad6tonaly, you may request a atop payment on amount access ducks, butwe reserve the dot to charge you a fee for such services. Wnen we provide you wig amount amass checks, we win tell you whall trey will be treated as purchases, cash advances or special transfers. Unless we lei you otherwise, Commirler" Checks will always be keeled as cash advances. We may establish diffeetent segments 1 special ur aunt such as a purchase rnent, acash advance segment and a segment Each segment may be subject b lemma and c ordibu rs get are different Man those that am applicable to other segments. Our liability, if any, for any wrongful dstrdtor of an amount access check is Imiled to your actual damages and shall not include any mrsequengal damages, and in no event will it exceed gs arromerhtof the check. Yw agree not to use the card or account In corerection with any Internet or legal 9amldmg transacgcxs but any Inmmst or NegA gembgng transactions in which you epage with the cad or acme t neverdeless con be audyed' to this Agreement and the SecunityAooourdAsIVOWAAgreaaent(lappicable). Your card and amount may only be used forvernd and lawful purposes. If you use, or authorize someone else b use, the cad or amamtfor any unlawful orinperm ible purpose, o International will be ?ible forsuch use and may be required to reimburse us and MasterCard 4rmiporaled'MaslarCard or Visa USA, Inc. Yea,' as applicable, or their successors for al amounts or expenses thatwe or they pay as a result of such urdawfil or Impermissible, use. In any event any unlmrbl or knpemnisMble kasaclions in which you ergege with he cad or account nevergsless will be subject b this Agreement and the Security AccouMAssipnmeM Agreement (it applicable). You agree lows are not reeponer?le der. * re to honoryou card or account Nyou had a prior credit card or offer account with us; or such an account or balance of such an accouxHwas karskmred to as or one of our aftlales, and you agreed to reinstate the balance of the prior account In the form ofyo r new account the new amount will accrue finance charges from the dam Out ge new account Is opened Auhodzed users are not limund y, responsible for the account An augodzed user may use a crmcK card, can request certain account information and can request to be removed horn the amount Subject to our dscredon, an authorized use may not be cubs to inrtafe certain actors on the account You agree b provide us with InIonnation Identifying any persons you authorize to use your amount Indudi g their name, address, date of birth and other identfyig inhxmabon we may request. Exchange Ram. If you make a transaction in currency oho than U.S. dollars, VISA International or MasterCard IMemdonal will convert the charge or credit into a U.S. dollar amount in accordance with their operagrg re9Uatbris or conversion procedures in effect atlhe rime he Mensac ion Is processed. VISA IMemalonals regulations and procedures provide that eff acts April 2, 2005, the exchange rate bemeen the transaction cum incy and the billing pmauy used for processing International transactions it eiher (1) a ram selected by VISA from to ranee of acceptable rates in wholesale currency makes for the applicable cernbal processing date, which ram may for theyapfrom Me rale VISA ftelf receives or (2) the plicabs control processing deco. MasterCard mssnmtionafs regsdalons area procedures provide ge c rrauy conversion tote it uses Is eiter(1) a wholesale market rate or (2) a govemmenlmandamd rate in effect an Me key of he central processing dam. Cash Equivalent Transactions. If cash advances am an option fsyour account you can use you amount b ptrdese certain items that we regard as flash equivalent trehsactiam' AI cash aWksmM transactions will be treated as cash advances and will be bled to he cash advance segmwd ofyour account Cash equivalent transactors include, wihoulfinrilabon, Me purchase ofwire beefs money aides, beta, lobery tckels, casino gaming chips and other similar products or sinices Noting in this paagmph will be interpreted to vardate any karsaclim that is unlawful or impermissible. Your Credit Umlt Your initial credit limit will be disclosed when your amount is opened (or activated). Ether ki6aiy, or at any taker 1me, we may establish different credtflmil5 that apply to different segments of you amount (such aspuceses, cash advances and special kasfera). Your anent credo iris will be Wended in your periodic statements. You stead not It; allow the other few or balance ofyour account (nduding all transactions, finance xceed the, applcable a finite. or the balance of the been Ovengre oppllon to your amount to e i increase your credit limit by adding funds b Security Account (ffapplcable), we reserve the man not to Increase Your credo Imit Hthe additional funds we orovi}ed while your amount is in default We may boom or decrease your credit k ft at any lime wi0imt pion notice to you. may temporarily Increase or decrease you credit limits at any time without prior raft to you, map Emit the credt limitfor cash advances ormay take away your abilty to obtain cash advances. We may honortransectiors in excess of you credit limit even if Lose transactions result in an over frmitfee, and those transactors 005113 end few will be subject to this Agreement and the SearityAcwunt Assignment Agreement [[dapp0eable). Aiy transactions honored n excess of your credH irat will not resullin an increase of your emdd led unless we expressly now you otherwise. Additional Benefits and Services. From true to Ime, we may offer you be ieia and services with your account These beneft and services may be provided by us or third paries unless expressly made a part of this Agreement and except as provided h In the Aftmkn Provision Agreement and are tri*ctody to tsuch he in m e a me and arid condiione ou am not a part ousned In the benefits or services brochure and other official documents provided loyou with respect to the benefilt and services. We may adfust acid, or delete beneA6 or services at any Ime in accordance with the brochures or documents you receive. In adpllah, any such benetils or services offered to you in the most crrentversion of the rAdde b BendW shall replace and supersede the benefits and services get had been offered to you In ail previous versions ofthe'Guide to Banekls; without further not ca. Except as provided by applicable law, we are notifiable for tumallis or services provided by third parties or the actions oraelssian of those third pares. Makin Payments. You promise b pay us and are Is* for all amounts due reading from Oe auherized use o yore card or account indudi ng any finance charges and otter charges due under the tams of this Agreement. Payments must be made to U.S. dolls. Payments made by a check, money order or otter negotiable InsWment (an 5teml must be in a farm acceptable to us and be drawn on a U.S. firhardd I stbron. We may allocate payments and otter credits and pmceecla among the varous segments of your amount, and to charges and principal de within each segment in any way we determine, inducing balances (Including new transactions) with lows annual percentage rates (APRs) before batons wdli hitter APRs. Payments you mail to us at the address for payment stated on your periodic statement wit be cradled to your amount as of the business day we receive it provided (1) you send the remittance coupon portion of purbdk statement and your deck in he remittance envelope provided ad (2) your payment Is received in our processing tenmr by the lime indicated on your periodic statement Please allow at least be (5) business days for posmi delvery. Payments received by to at any other loceton or In any other form may not be credmd as of the day we meek More. our business dais are Monday- SaWrday, excluding holidays. Cmc t m1a silty may be delayed in our We dscrelion b ensue payment in good finds. If we accept a payment al some other place, we may debt' to creding of he payment for up to live (5) days. This iney cause you to four tote payment fees and additional finance charges, and may result in your account bang declared to be in default. Any minimum payment Mint is due wit be stated in your periodic statement. You mist pay at least the minimum payment due by he dale stated in your periodic statement to avoid a lags payment fee. However, you may ppaayy more ten the minimum payment or pay the balance in U. In any case, iunce charges will can&= to be assumed during billing perbds Met you carry a babrtce regardless ofwheher of riot your statement shows a minimum payment due We can accept lake men is or parts payments, or Item marked 'payment in WII' a char simlx ge, or payments with a request b apply the payment In a parbadar marusr, losing any of our rights under ids d'mement I ckrdng our right to receive payment in full. No payment end operate as an arauns, including any check or other tMiss payment constitutes; Wimurd in far of me amount unmoorman. swicereawonouter conumwosorimeta mseraslW safisfection of a disputed amount must be mailed or delivered to Capita One, P.O. Box 85010, Richmond, VA 232BS5010. You will not make payments; frown herds obtained from the amount or any other craft acmuhtwM us. If 1yroou paymnrt is made to ay other address, we may accept the payment withodtosing arty of our V& When you send us check(s) to make payment on your amount you authorize us to make a one-time electronc transfer from your bank amount for gee amount of the check as indicated by numerical dgits. This auhodzation apples to all deck(s) received by us during the bdfng period even if sent by someone else, who you agree is your agent and was provided with thew disclosures In advance. This autrorizalon is not restricted by the dam on the deck and includes reaubrntssios. We will not be brand gory rrsbk live legend or condition appearing on the face or reverse side or Me cheek If we cannot prdkess the electronic transfer, you authorize us to make a charge agekst you bank amount by processing the check, subslWle died, &A or smier instrument We may adpstyour amount as appropriate to correct errors, returned items, rejected debts and sireaa matters. We may, in our sale dscretton, offer an expedited payment service. You are not required to use gds service. When you authodu us to process a demand draft electronic ACH debtor other expedited payment method for your account we may charge yen an expedmd payment fee in an amount &closed to you at the gme, of gle w v Ca. We are not mspo Bible, far any dishonor of the payment by you depositary irsOhston and may retain the fee in the avant of such dshoror. If you give you amount number or order amount iMormaion to another person to make a payment br you or to act on your behalf, you agree hatwe may issues; your account with Owt person and process the payment as O it were made by you. You further agree that you will be responsible for all consequences of payment or non-payment by such pay, inckding expedited payment reWm payment lab payment and over limit fees. We reserve the right to refuse to accept payment on you behalf or to permit another person to act on you behalf. Periodic Sti nut Each month get you have a credit or debit balance of more than $1 in your amerrd, we will send you a parlodic s?eme ntas and when required by applicable law. The periodic statement will show all transactors bled to your suxount during the billing period. The bitig period is the lime from one statement dosing date. through and krciudrq he nextstammmiddle kg dam. The sl rtdosing data delemines IM morn of a specific bang period. For example, your January billing period Is the billing period with to statement closing dam in January. Finance Charge. You will be assessed finance charges as previously disclosed to you as of ge TiLA Account Msdaeures or as we will dsdose to you if required by appgmade sun. Temporary Reduction in Finance Charge. We reserve the dghtto riot assess any or all hence dreges for ay given billing period without waiving he fight to assess such fnaas charges in a future biting period. Other Fees and Charges The fallowing fees will be bled to to pudese segment of your account and will be treaed as a purchase and applied againat your avalable credit lmit unless of ensise swilled, in every biting peod in which they epplY: t7 A late payment lee wl be assessed ffwe do not receive you payment in Ome for it b be credited, as provided in hs Agreement by Me, data stand in your periodic stabernort (i) an over limit fee will be assessed If the balance of yam account for arnr seommt of 005113 your acmunQ at any time durng the bang cycle, for any reason, s greater thari the applicable temporary or permanent croft brit, (regadtess ofhrbeter you went ova limit as a reaak of a transaction, Nuance One or any other fee or duege, even N approved by us); (4 a returned fleck fee will be assessed Nwe do not honor any account access check for any reason; (iv) copying charges ter dupficale copies of transaction documentation or periodic statements will be assessed on a per-page basis, unless requfred for tolling dispute resolution; (v) a returned pay milt be will be assessed if, for any reason. ( a chedr, drag or sirMiar Instrument is not honored or cannot be processed; or ) an electronic debt is returned urpald or cannot be processed You mrlrodze us to resubmit retuned pay nents in our disaelon. At our oplo n, we may mesa gds fee each fine your payment is not honored or paid area NN Is cater honored Of Paid following ebe5'adcaly W returned for m unUInatdRdeat at uncollected id. t may be eeleebed may r e any e these fees or charges. or aaddyeddlional fees and charges, as Provided ed ed below. We mamma' g our rot assess the fe'rig fo n0 on to you white to . Cash Advance Fee. H cash advances am permitted for your account, a cash advance fee inane charge will be (Q assessed each rime you obtain a cash advance or cash equhralent transaction, (4 added b the cash advance segment of your astound and (IM applied ,rnst your avellable credit brit The amount of the cash advance fee trance charge w be added to other menus charges shown on your periodic sfelement for the puryose of calculating the manual percentage rate for tatblfng period. This may ease the annual percentage ra disclosed for that being period to be greater dun the annual percentage rate disclosed to you Membership Fee N ap?ll able a membe11119 tree wil be imposed in your that billrg period, urdess sped std otherwise. membership In is assessed annually, rt will be assessed in he hang period in which each endvasary of the opening of you amount occurs. If the membe hue is assessed monthly, tt vwa be mseesed in each An Period. The lee will be billed to the purchase, segment of your amount and wit be treated as a purchase and applied againstyour available credit li dl. The membership fee will notibe refunded, in whole or in part, even Nyou or we cancel the account Transfer Fee. A fee will be assessed for each taster of funds from your amount to you SecutyAmoum that yckh request. The fee wig be billed to the rash advance segment of your amount and will be treated as a cash advance and applied against your available creditfimit Foreign Transadion Charge. For each transactlon made in a country after than it* U.S., or US. Territories, we will assess you a tome doge as previously disclosed to You as Part of the TILA Account applicable e low. The fee will be based Disclosures the U.S. dollar amou the b r you ?yp?nuired by a Credit Bureau Informaton. You agree hat we may obtain information about you from crest reporting agencies or others at any rime and use N for the purposes of monitoring your c" performance, managing your account and considering you for new offers and programs. Security Interest The terms and conditions contained wtfin this paragraph apply any N the application for the account stated fief he amount will be a secured account You provided hs wfh certeIn funds, which have been deposited in he Sectunely Account TO secure payment of to balance of he amount and all odlw amounts owing under the terns of this Agree and the Seamity Aoteunt Assigmtent Agreement, you have Eansienad, asclpned?l pledged and graded to us a seedy Warest in the Security Amount all funds contained In the Security Account al Proceeds of the fougaa' gg and all proceeds of proceeds. This seedy kdersat kcklde% Without brdation, be LAW Ands that were Placed into he Seedy Amount any additional Aaxls added to the Security Account by any person and cry interest earned to or accrued on the Secudy Amount The tams of fe security interest are ad forth in he Security Accourd Assignment Agreement you axecufad. If @ you default or fall to ablde by any of that lams of this Agreement or tun Sect* Account Assignment Agreement, (a) you doss your amount or (Gil we cartel your amount for any reason, we may then or thereafter: and without prior notice b you, exercise our securely Interest by deduuchrg from your Secuiy Amdxn the balance due on your account and all other amounts owing under the lams of this Agreement and he Security Account Asa'ggrement Agreement We may exercise this right to make such ded dlons from your Security Amount perbdially as we "Iff e to be appropriate. Within sixty days altar the data your amount is closed, we ed send all remaining nerds in the Security Amount to the person legally emitted to receive them Future Offers. The terns of any future offer relating to the amamt coil be dledoead to you at the fine he offer Is made. If you accept an after, he farms will became effective immeduley wiles otherwise specified in the oar. Default We may, In our ads discretion, declare a default under hs Agreement if. (a) we do not receive the full amount of any minim urn payment on or before he data N is due, (b) you exose i any credit limit or (c) an Rem used to make paymed an your account is not honored or cannot be pwceased, or an electronic debit b make payment on your account is retuned unpaid or cannot be processed. To the extent pen. ifed by applicable law, we may aka, in our We dscretion. declare a default under this Agreement it. (1) you violate any of the other team of this Agreement or Seaaly Account Assignment Agreement (d applicable), (2) we have declared you to be in taudl under he terms of any other agreement with us or any of our alfiiates, or (3) we determine that you made any fake or mWera ing stetenmrnk on your application for, or regarding the use of, the account or otherwise stempted to defraud us, (4) bankruptcy or other insolvency proceedings are instituted by you or against you or (5) you rile or are declared legally Incompetent or ncapaciiii .At any time following any default under this Agreement (a after we give you any notice or right to cure he default if required by applicable law), you will be subject. to paying inlarest finance charges his Agreement Including ary applicable default rate, other avfees en after any re? to the terns is obtained Addtonally, we may, at cur sole judgment option. (x) limit or not aloes you 0o make any y new purchases or cash transactions on yaw accourd(s), 0f) increase your ndnknun payment with such notice as may be required by applicable law or (z subject to the Imtaiors of applicable law. dose your xauni and darend Immediate payment of be entire oukanding balance plus all other amounte owing under he tems of this To lie exlant dpemN Sectuily Account Assignment dted by applicable law s Ito pay us all of our actual court costs, collection expanses and albmeys fees (whether paid to an attorney who is one of our employees or an attorney who is not one of our empbyeea) Incurred by us in he collection of any amount you owe us under this Agreement. You also agree b pay us al of our actual costs hal we incur in ralrieving your cards, indudnq any rxsis we may rhxrr by havk g your account paced on a restricted fist Noting in bs paragraph shat be construed b waive or Impede our right to require arbitration in accordance with the Arbitrefon Provision below. AcoourriCloeure and So Ion of Credit Privileges. (1) We may, at any #me, with or wihout cause, with or without advance nofia, and regardless of the a talence or nmexhaence of a detain order this Agreement, cancel be amount andbr temporarily or permanency, suspend your credit privileges under this Agreement N we cancel the account you agree to Immediately, destroy all cards and caused amount scows checks. (2) Your obiaelor to make payments and you other aftsiors under this Agreement W1 Continue in fist [area and etfaet otter the account Is consist or your credit privileges are tampuanly or pemranerhty suspended Cancellation of the account and/or temporary or peana sent suapenstan of your crack privileges well not affect our seedy interest in your SeuxrRp Account (dapplicc") or our rights under the Security AmountAssignment Agreement (d applicable). You an dose your mated by calling our Cuskiew Relations depakrert sigh thou number found on the bank of your credit card or, N different Me number staked In your periodic statement and mgresfng an amount cbsum. You agree to destroy an cards and unused account access checks, cancel all preaudhotzed billing arrangements and cease using your cad and account f you do not cancel all preauthodzed bllnp arrangements, you and we will consider our receipt of a preauthorized debit b your account to constitute your augnorkaBan to reopen the amount on the tams set forth in this Agreement and the Security Account Assiprm MAgreemoM (Napplc"). Youra=w,dwll not be closed until you pay all amoets you owe us under this Agreement and tie Seedy Account Assigrrnerrt Agreement (el applicable) Including, without indtelon, any purchase and caste advance transactions you have authorized, chance lunges, late payment fees, over trnl fees, returned deck teas, retuned payment tees, membership fees, cash advance fees, iansfer fees, copying charges and any otter fees charged to your account You are responeble for these amounts whether they have bean incurred at the time, you request a doeare of the account or they are inured subsequent to your request to close the account This may wA in charges appearing on your account afar you have requested the account to be dosed and, if the amount has already, been dosed, the account ml be reopened on the terns set font in this Agreement and the Sscuty Account Assigunent Agreement (d applicable). For crumple, If you auhotize a purchase from a merchant and we receive to charge from the mendant altar your account ties been closed, your amour[ will be reopened, he amount of to charge will be added to your account and you ml be responsible for payment under the lar s of this Agreement and the Security Accost mere Agreement (if applicable). The membership fee for your account will aor mra b be changed, to the extent permitted by applicable In. until the mina account balance has been paid in tut as described above. If the amount is reopened, a new membership fee will be charged to the mount as staled above. If you, acting as to Primary cardholder, went to terminate a Joint accountholders or an authorized users amass to he account you must cal our Customer Relations department and request tut termination. Immediacy thereafter, you ?? agree to destroy that in 1hat rsMa pow 's card(s) and destroy any unseal account access the termination of passion. Thane may be a delay in the effective dais of that person's access to this amount The amount will be charged, and you and anyj&dacmnthalders will be responsible, for any charges through the use of the ad or fte amount by the jointamounMOlder or suAroitred user that occur prior to to effective date of the leurnmedon even if the charges do not appear an the account until a haler Arne. If you are unable to destroy he joint aocountholdses or aundeek d users ad(s) or lo destoy to unused amount access checks in that persons possession, and you cal our Customer Relations department to dose your account your account win be dosed in accordance with he preceding paragraph. Either you andfor the joint cardholder, if any, may apply for a new amount Chaves in Terms. We may add to, remove, amend or charge any part or pmvmon of this Agreement inchuddng the annual percentage rate(s) and any charges, p(rioncvskMbnnsg adding new provisions of to same or a dtkre t nature as to existing such am in this Agreement) at oil tine. N we do sou, we will give you notice a charge d required by Federal law or Vlginle hew (b ilte extent not preempted by Federal law) unless we had previously nodded the customer that be amount would be subject lo such amendment or charge wihout notice. Notice will be mailed to the 1 billing address Indicated in our records for the account However, no notice will be mteaed N we previously had nailed you that your acmuht would be subject to such amendment: or cheap without notice. Changes to the annual percentage rate(s) will apply to your ewstng account balance from the effeelve data of to dange, whether or not the arrant balance includes transacions billed b ft mount before the chugs data and whiter at not you continue to use he account Changes b fees end other charges will apply to your amount Eon the effective date of the chase. Governing Law. WE MANE 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 sad governed by the taws of The United Stales of America and by the internal laws of the CormuonweaNb of Virg) als without giving effed to orrery choice of law rule that would cane the appludon of Ore tars of any jurisdiction other than the laws of the Untied States of Ameks or he Internal laws of the Commonwealth of Vaginis to the rlyhb and dudes of the parties, This Aarament 1a made to Virginia N will be med only by Federal low. and m law (to he In 1fir not p It will d Federal law} t s court deckles not b eiamce a part of his Agreenwm this Agreement will than read as if the unwhrceabis or invalid part were not here, but the remaining parts will remain in effect Waivers. You won tea right to receive nodes of any waivcr or delay or presentment demand, protest or dishonor and any right you may here to require us b proceed against another party before proceeding against you. You also waive, to the extent permilled by applicable law, any statute of imitations defense for an additional period of rime equal to the apWAble limitations period. Loud or Staten Cards or Account Access Cheeks. N your card(s) or amount amens dkedis are lost or stolen or i someone else may be using them without your permission, notify us at once by calling the telephone number on the back of your credit card or, if different the telephone riumloe shown on the front of your periodic statements, or by wrung us at Capital One, P.O. Box 85015, Richmond, VA 23285.5015. You will not be liable in any amount for unauthorized use of you cards or account access cheeks. You agree to tell us at once N you change your name, address, telephone number or employment You agree to give us written notice of any change in your billing address at peas[ 10 days before the lunge. (changes maayybe written in to space provided on he remRtence coupon portion of your periodo staberret or may be said to the following address: Capital One, P.O. Box 05015, Richmond, VA 23285- 5015. N your account is a joint amount or if more Shan are parson is emitted to use k you agree to all noldxs regarding ft amount may be sent ad* to he address shown on our bang records. Communications. Vie may release Infomefon to others mitart6g the status or history of your account as set fore in to Capital Oro Privacy Notice, a copy of which has been provided to you. War may make inquiries of hW parks in connection with maintaining and collecting your account, and you aubodze such third panes to release information abort you to us. We an our eprhee tatl has may contact you from time to thIte regarding bs account or to ask for addtionaf information about you or your experience with Caput One. You agree Nut such contacts are not unsolicked, are not irniped except as expressly required by lcabk low obtal from and may resin him contact information you have pmvlded or to is ned other sources. For example, we may conduct you at you home or plea of employment, during weekends or holidays, on your mobile kmpbone, voicamall or answerbg machine, a91=d weal..fax. recorded massage, text message or personal visit Except as by applicable tae, we may mcrdbr or record any calk we make or receive, suppress caller Identification services and use an automated hieing and announcing device. ARBITRATION. PLEASE SEE ENCLOSED 'ARBITRATION PROVISION.' PLEASE NOTE THAT THE TERMS INCLUDED IN- THE ARBITRATION PROVISION ARE PART OF YOUR CUSTOMER AGREEMENT. 0 2005 Capital One Services, Inc. Capital One is a federally registered service mark. An rights reserved. D318-17-0305 ARBITRATION AGREEMENT M-75733 IMPORTANT. THIS ARBITRATION PROVISION IS APART OF YOUR CUSTOMER AGREEMENT You and we agree that either you or we may, at either pa?(t? ?sate election. require IhN any Claim (as defined b6ow) be resdsed by bkrding arbitration. IF YOU OR WE ELECT ARBITRATION OF A CLAIM NEITHER YOU NOR WE WILL NAVE THE RIGHT TO PR UE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. EXCEPT AS SET FORTH BELOW, THE ARBRRID R'S DECISION WILL BE FINAL AND BOOING. OTHER ROM THAT YOU WOULD HAVE IF YOU WENT TO COURT, iNCLUDING THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION. THE FEES ASSOCIATED WITH ARBITRATION MAY BE HIGHER THAN THE TEES ASSOCIATED WITH COURT PROCEEDINGS. Special urpose DeflidU= for this Arbitration Provision. For the purposes of this abitrafan an pr following definition shell apply in addition to the definitions set torlh in your Customer Agreeeet CAgreementry 'Claim' means any claim, controversy or dispute d any kind or nature between you and us. A This deRaffdor wrstudes without hmitadon, any Claim that in arty way arises from or relates to • line Agreement and art/ of is terns (including any prior agreements between you and us or between you and any other entity from which we acquired your account) • this Arbitration Provision (including whether any Claim is subject to arbitration) • the establishment. operation or lerminatim of your "mat • any disclosures, ?, pronpotl m or other communications relating to yaw amount, whether they occurred before or alter your account was opened • any transactions or attempted hansaciions involving yqx account • any billing or callactions ma ar.s mla ng to your account • arypoistktp ottraWars(mdtding payrthehts or Gedts) loyouraccount • any goods or services changed to your accou d • any leas, interest or other charges assessed to your account, or their caiculatiun • any products, services or benefits gproArams related to or offered in connection with your amount (Imcludfng any insurance , dent cancellation or extended service contradsand any programs, rebates, rewards, sweepstakes, membersft'?s dscamts or coupons) whether or not we offered, Introduced. sold ai provided them • our reaipt use a dsdosu2 d arty iNarthalion2botyd u oryouramood • any ofher rnatters relating to your account or your Wabonship with us O. Phis definition also f h des, without llmdatroa, any Claim. • regardless of law or when If is brought (for ample, as an InMi darn, countercalm, cross-calm, irderpteadkhg or Third-parry claim) • based on any theory of rend or damages Cnduding money damages and any form of specific performance or other equitable mt" injunctive, declaratory or • based m any theory of law or equity (including contract ton, fraud, constitution, statute, regulation, ordinance Of wronpIul acts or omissions of y type. whether negligent reckless or Inflonat) •made byyyaao byanyoneconnetedwithyou or claiming through or fa you (grueling a cc-applicant or atdhodted user of your account youraguvd, your represenanire your hers or a truske in bankruptcy) • nor wind[ we may be directly or ihititectly liable under any theory, indidkng impohxJea[ suped. or agency (even it we an rat properly named at tine fills the Claim is model • now in edfsteica or that may arse in the future regardless cf when tide fads and ciromstaxes tot give rise to the him occurred or when the Clare xcrued • made as pad ata clans action, "attorney general Zion, or other r d'rv?dihatWh? aso sett fort more lre fuul yC in this Arbishal tailon n?'sion ArbRrallon Administrators. One of the tolbwing arbitration administrators ('Admihistralar at. collectively, 'Administrators') will admfnistar the arbitration: JAMS '92(1 Main St., Ste. 300 i'vine, CA 92614 warm jamsaircom American Arbitration Assn 335 Madsw Ave, Rw 10 tkw Yak, NY 10017-0605 wow.adrong National Arbitration Foram P.O. Bax50191 Minneapolis. MN %405 wwvi.arWUdion- rum.com You may contact any id the Administrators to obtain information about arbitration, arbitration rules at prWitures, lee schedules and Claim forms. Election and Initiation of Atbliml ea, You or we may elect arbitration under this Arbitration Provsiart with respect to any Claim, even it the Claim is pat of a lawsuit brought In courL You or we may -rake a motion or reel in court to compel arbitration or any Claim brat as part of any lawsuit We will not elect of initiae arbitration of any -broughtinasnollcialnestaut((orthaequivalent),solongas the Clam remains in that court is made coley on behalf of an inaiviuWal or joint account holder and is not made as part of a class action, prime attorney general action or offer eserdatwe or collective action. Y. and we must [allow the rules of tha Adndn(straars to inklate arbitration. It you Irdt(ae arbitration, you may choose one of the Admirdstrators, and you must mail us any notice rreotWppIred by tie Administrator to P.O. Box 85550, Richmond VA 23285-M. 8 we intbaearbihallon, we will choose one of NeAdministrators, andrre will mail you any nolioe required by the Administrator to your last-known bil inn; address. If we have initiated arbitration, we wifl change the Administrator at your request if you nohy us in writing al the above aUW a5J w,:?u-1 na0ell Days Ji {pK tia1C W 3-ry i:JVII.G we SCiti ya: ul Dpi Initiafon of arbitration. Procedures and Law Applicable In Arbtratioo. This Arbitration Provision s made pursitant to a Yarnsacfon invit" interstals commerce and shall be governed Opyy and enforceable under fie Federal A-bitration Act (fix 'FAA'). 02-o s about w7wiher any Claim is subjd3 to arbardor shalt be resolved by interpA"krg this Arbitration Provision in the broadest if may be enforced, consistent with the FM and the terms; of his Arbon Provision. The arbitrator will apply substantive law coasstent with the FAA and' applicable setute; of limilations, bid the validity and enforcement of any class action wane Is a motion far a court of ca eten[ jiusdi lion, mean orb trao, to deade The arbi4ata may award airy damages or atlter refiel permfllad by applicable substantive law (bit 7411 not taws r to ranevr lice ertorc®bgity or sevorati ily of tin: Paragraph 'No Cansdidation ar Joinder of Parties,' below), bit the award shall daerrrom the rights and obligations of ordy the narai parties and only v4lh re to the Claims in arbitration. The rules and pprocedures of ma Administrator, which you may obtain from the Adadntshatil shelf govern the arbitration unless they c 0a l it with Itds Artdtratian Provision, in width case this Arbitration Provision will apply. The arbitrator will not be bound by, and ibis Aibitmtion Provision shat not be subject to, the faded. stets or local rules of procedure and evidence that would c'cppty in any court, or to state or loal laws that nature to arbil atfon proceedings. You or we may have a hewing in abibation. Any anti rationhearing tat you attend in person will take place at a location in the federal judicial district that includes your last-known biting address or at some other place Mal which you and we agree You or we may be represented by co rsel. If you or we request, the arbitrator will or claims of privi remgniied defier applicable law and will use hest alias to protect confidential information Cirickidmg through the use of protective orcfers). The arbitrator will make any award in wrili and at the time y request of either part', wit provide a written statement of realms Ion the award. Costs. The party initaing arbitration will pay the initial filingy Iae. You may sear a(ewaaiiver voffltvhe initial Ol®ahtgofee or an)y of the Admkdstratars istr rotu althe Atha' jrab itjnmatnk b 8 do t glty to a wapiver uQ will consider any wdtoh request byyou for us to ppaayy or rambduse you for all or part of the Adminsbatads Fees. We also N11 pay or reimburse you for all or part of the Administrator's fees if the arbitrator deformities there is pool reason for us to do so. We will pay any tees and costs live are required to pay by law. Otherwise, and emV as pmWed in this Agreement you and we will bear at of our respective tees and Costs pncivi ing tie Adndnistduo s Frees and the tees and costs relating to attorneys, Will and wihtesses). regardless of wita prevats. Allocation of tees and costs relating fo appeals in arbdrdkonwill be handled In the same manner. No Consolidation or joinder of Parties. The arbtratim of any Claim must proceed on an indvidual basis, even it the Claim has been asserted in a court as a class atom, private alto" general action err other representative or cafleclive action. Unless all parties consent, neither you nor we may join, consolidate or otherwise bring Claims related to bad or more accounts, individuals or accountholders in the same arbitration. Also, unless all patties consent, neither you nor we may pufsae a doss salon, private attorney general action or other representative of collective action In arbgmton, mar may you or we pursuesuchmotsinGauditanypartyhraselectedarbtrati n Youwill not have the right to act as a am representative or participate as a member of a class of clarnarns with respect to any Claim as to which arbitration has been elected. Judgment, Enforcement, Hnefily and Appeal. The arbitrator's decision will be final and binding ate Ntaea days unless you or we seek an appeal of the award by making ace iten request In the Administrator. The appeal pane, which will consist of three arbitrators, will consi? all Tactual and IE I issues anew, will conduct the appeal in the some manner as the nli lal arbitration and will make decisions based an the vote of tie majority. The paner5 decision will be anal and binding. Any final decision ot the arbitrator cr d tie appeal pans is subjectto judicial re Mew only as set forth under the FAA An award in arbitration will be enfameable War the FAA by any court Having jurisdiction. Miscellaneous, Waiver, Severability, Survival. If you or we do nit elect arbitration or ofiianirse enforce this Arbitration Provision in connection with any particular Cial you or we will not waivaany (ighis to require arbitrating in mnnediohh with ghat or any other Claim. This Arbitration Provision shall survive: C) suspension. termination, revocation, closure or changes of this Agreement, your armunt and your relationship with us: (ii) the bankruptcy or insolvency of any party: and (iii) any transfer of your account or any amounts awned on your account to any cam person or entity. If any portion at this Arbitration Provisfon is deuned invalid or unenforceable, the remaining potions of this Rbiirallon Provision shall nevertheless amain valid and in force. N the even of a cadlkt a inconsistency between this Arbitration Provision and the, other provisions of this Agreement or Wry prior agreement, this Arbitraton Provision shat govern. A photocopy or other image of this Agreement and dided documents may be used in place at tic originals for all purposes including fitigatton. ® 2005 Capital One Services, Ira, Capital One is a tederaty registered services mark. All riptds reserved. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OF vE ^cTF .?E^:IFF IIO F -5 AM 8: Li? PE NSYf '!,^-,NIA Portfolio Recovery Associates, LLC vs. AJ Spencer Case Number 2011-7319 SHERIFF'S RETURN OF SERVICE 09/28/2011 01:18 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on September 28, 2011 at 1318 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: AJ Spencer, by making known unto himself personally, at 203 Log Cabin Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $40.00 September 29, 2011 P. TIM CK, DEPUTY SO ANSWERS, CAM ?= &Z'' RON R ANDERSON, SHERIFF i,C) Court;ySute nent(, TB :'KJ50'1, I,'C. y PORTFOLIO RECOVERY : IN THE COURT OF COMMON PLEAS OF ASSOCIATES, LLC, : CUMBERLAND COUNTY,PENNSYLVANIA' Plaintiff VS. : NO.2011- 7319 , c A. J. SPENCER, : CIVIL ACTION - LAW rn m - -4 Defendant 'J - cn'l -tea* r a -- `}}?. -<> I? y V }J DEFENDANT A. J. SPENCER'S PRELIMINARY OBJECTIONS c6 TO PLAINTIFF'S COMPLAINT COMES NOW Defendant, A. J. Spencer, by and through his attorney, Sally J. Winder, and files the following preliminary objections to Plaintiff's complaint: FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT 1. Rule 1018.1(b), Pa. R.C.P., specifies the form of Notice to Defend with which every complaint filed by a plaintiff must begin. 2. Plaintiff in this case has not followed the form required by the Rules of Civil Procedure as noted in paragraph 1, in that it has omitted a statement of all of the things which defendant may lose by failure to take the action specified in the Notice to Defend. 3. By not following the required form, plaintiff has violated the specified Rule of Court. 4. Plaintiff's complaint should be dismissed. 5. Rule 1024 (a), Pa.R.C.P., specifies that every pleading containing an averment of fact not appearing of record in the action shall state that the averment is true upon the signer's personal knowledge or information or belief and shall be verified. 6. Plaintiff's complaint contains averments of fact not appearing of record in the action. 7. Plaintiff's complaint does not contain the specified statement. 8. By not containing the specified statement plaintiff has violated the specified Rule of Court. 9. Plaintiff's complaint should be dismissed. 10. Rule 1019(h), Pa.R.C.P., specifies that when any claim is based upon a writing, the pleader shall attach a copy of the writing to the pleading, unless the writing is not accessible to the pleader. 11. Plaintiff's claim is based upon a credit card account between defendant and Capital One Bank, N.A. Plaintiff has not attached any copy of said account to its complaint, nor has plaintiff stated that said account is not accessible to it. 12. By not attaching a copy of the specified account to its complaint, plaintiff has violated the specified Rule of Court. 13. Plaintiff's complaint should be dismissed. 14. Rule 1019(b), Pa. R.C.P., specifies that when any claim is based upon a writing, the pleader shall attach a copy of to writing to the pleading unless the writingf is not accessible to the pleader, unless the writing is not accessible to the pleader. 15. Plaintiff's claim is based upon the supposed assignment of defendant's account from Capital Bank One, N.A. to plaintiff. Plaintiff has not attached to the complaint any copy of an assignment of defendant's account from Capital Bank One, N.A., to plaintiff. 16. By not attaching a copy of the specified assignment writing, plaintiff has violated the specified Rule of Court. 17. Plaintiffs complaint should be dismissed. 2 WHEREFORE, for the foregoing reasons, defendant A. J. Spencer requests the Court to dismiss plaintiff s complaint filed against him. Respectfully submitted, Date: Sally J. der, Esquire Attorney for Defendant, A.J. Spencer Court ID Number 24705 P.O. Box 341 Newville, PA 17241 Telephone 717. 776.6656 CERTIFICATE OF SERVICE I, Sally J. Winder, attorney for defendant A.J. Spencer hereby certify that, on the date written below, I caused a true and correct copy of the foregoing document entitled Defendant A.J. Spencer's Preliminary Objections to Plaintiff's Complaint to be mailed first class postage prepaid to all other parties of record as follows: Robert N,. Polas, Jr., Esquire Portfolio Recovery Associate, LLC 140 Corporate Blvd. Norfolk, VA 23502 Dated: t D J ?6? Sal y J inder, Esquire Attorney for Defendant, A.J. Spencer Court ID Number 24705 P.O. Box 341 Newville, PA 17241 Telephone 717. 776.6656 4 Carrie A. Brown, Esquire - ,' U r r101N; Robert N. Polas Jr, Esquire Attorney ID # 94055/201259 :, , p L Portfolio Recovery Associates, LLC + l .,+ 140 Corporate Blvd. 3 s E L"i ?J C Q U 5 Norfolk, VA 23502 Attorneys for Plaintiff , E t,eaui IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff V. A J SPENCER 203 LOG CABIN RD NEWVILLE PA 17241 Defendant No. 11-7319 PRAECIPE TO SETTLE DISCONTINUE AND END PLEASE MARK THE ABOVE-CAPTIONED ACTION AS SETTLED, DISCONTINUED AND ENDED. Respectfull itted, Carne A- Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, #201259 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 (T) 1-866-428-8102 (F) 757-518-0860 Attorneys for Plaintiff 10-90746 This letter is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Carrie A. Brown, Esquire Robert N. Polas Jr, Esquire Attorney ID # 94055/201259 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff No 11-7319 V. A J SPENCER 203 LOG CABIN RD NEWVILLE PA 17241 Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Settle Discontinue and End upon SALLY J. WINDER, ESQ., by First /if Class Mail, Postage Pre-Paid, a copy thereof on this --1 day of 2011, to: _A1 SALLY J. WINDER, ESQ. P.O. BOX 341, NEWVILLE P 241 Date: Carrie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, #201259 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 (T) 1-866-428-8102 (F) 757-518-0860 Attorneys for Plaintiff 10-90746 This letter is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose.