HomeMy WebLinkAbout11-8492IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CAPITAL ONE BANK (USA), N.A.
Plaintiff CIVIL ACTION
VS.
TERESA REINHARDT
866 OLD FORGE RD
New Cumberland PA 17070
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No: //- 8192
Defendant
NOTICE TO DEFEND
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 to
Defend are served, by entering a written appearance personally or by an 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 judgment 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.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE.
MIDPENN LEGAL SERVICES
401 EAST LOUTHER STREET
CARLISLE, PA 17013
717-243-9400
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R#--.267/9e
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CAPITAL ONE BANK (USA), N.A.
: CIVIL ACTION
Plaintiff
VS.
TERESA REINHARDT NO:
866 OLD FORGE RD
New Cumberland PA 17070
Defendant
COMPLAINT
Plaintiff, CAPITAL ONE BANK (USA), N.A. , by and through its attorneys, Edwin A.
Abrahamsen & Associates, P.C., complains of the Defendant as follows:
1. Plaintiff, CAPITAL ONE BANK (USA), N.A. , (hereinafter "Plaintiff") is a
corporation with a principal place of business located at 4851 COX ROAD GLEN ALLEN VA
23060
2. The Defendant TERESA REINHARDT (hereinafter "Defendant") is an adult
individual residing at 866 OLD FORGE RD New Cumberland PA 17070.
3. At all relevant times herein, Plaintiff was engaged in the business of debt purchase
and collection.
4. Defendant applied for and received a credit card issued by CAPITAL ONE BANK
(USA), * with the account number 4121742398454077.
5. Use of the CAPITAL ONE BANK (USA), * credit card was subject to the terms
and considerations of the Cardmember Agreement (hereinafter "Agreement"), a copy of which
was sent to the Defendant along with the credit card.
6. Defendant used the CAPITAL ONE BANK (USA), * credit card account
number4121742398454077, for purchases, cash advances and/or balance transfers.
7. The Defendant was mailed account statements relative to the Defendant's use of the
subject credit card.
8. The Defendant defaulted under the terms of the Agreement by failing and refusing
to make monthly payments on the account as they became due. (See, Cardmember Agreement
attached hereto as Exhibit "A.")
9. The Defendant last made payment on June 9, 2009.
10. The total amount due and owing the Plaintiff including interest, is $1,596.48.
WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the
amount of $1,596.48 plus costs of suit and any other relief as the Court deems just and
appropriate.
Edwin A?Atbrahamsen & Assoc.
Michael F. Ratchford, Esquire
Attorney I.D. Nos.: 86285
120 North Keyser Ave.
Scranton, PA 18504
mratchford@eaa-law.com
Phone: 570-558-5510
Fax: 570-558-5511
VERIFICATION
I, Michael F. Ratchford, attorney for Plaintiff, CAPITAL ONE BANK (USA), N.A. , am
fully familiar with the facts set forth in the within Complaint and am authorized to make this
Verification on behalf of Plaintiff. I Verify that the facts set forth in the within allegations are
true and correct to the best of my knowledge, knowing that any false statements are punishable
by law pursuant to 18 C.S.A. 4904.
CUSTOMER AGREEMENT 005113
Wobome b Capital 01M.0 We ere Pb=W to have your dxeditead aceaant This and tees wit be subject to this Agreanma and the SecuhyAmount Assignment
CustomerAgreement contains wo anon about your account Please read i and key a apptiead Any tmn;acftm; honored Inexcess ofyour credit it it
not
to your records Your cmtracttsitln us for he card and amount (Ore Apreement7 wi trasrlt in an increase of your credit andt undoes we expreasy gory you
cormb s of ft CwtamerAgmemmtt bptwwhh any char m tilt fis Qisbmer chemise.
igrebedthffiweMoore esprovidedb ireSecurity Amount (fir appleabl the
Securilly Account Assignment Agreement (V applicable), Capital One Parmy Notes, any
amount opened. lncWkV InVd direr and dolvared to you prior to at at the thas natant to requk mnls of Tnnh In Leada? Act
b e documents, arid any at d all ddoc une? timeInclude your subsequent of changes
,gg
airy Obcn c or dgled straure) en arty application, sales sip or other evidence of
teebediism an your account in tide Agnemem the wards you: your' and yours'
refer to ouch person who signed to spp croon for the account (each, a -pi m
And to dtli nanyone ekewholewithorhedbusetemount inerryway
sch, an r7 Except at spedhxy, steed herein, each of you Is
ndMafuey and jointly OMgaed under this Agreement The words 'we,''oe' and'ote
mean Capital One Beek and flat successors, assign, agents anchor auMnaed
reprsswWbft lithe application for he account stated Mahe account will be a
'Seeudlv Account' this moon the bids you hove pledged b us to secure your account
This Agresmerd and to Securiy Amount Assignment Agreement (if applicable) do not
to any aftrCapidl One Bank account Mat you mW haw, ether now or in the
M, except as provided In ire An Igm Provision below. Unless you have ordered
into a Securiy Ammar! Assignment Agreement: w n us, the accottmk unsecured. Excep
as provided In to SenrityAccasd AssignmentggreesoM (tappesabloh the acootnat is
not wo a ed by any oterpmpeay. regardless of this terns of eny oft cahtrad to which
you and we are subject lire can delay onforekg any of our this under this Agreement
wibaa losing tear. The card is and remains our property, and you will surrender it to us
starry tree upon reglest
Assignment We may transfer yaramount the Securgy Amount Cd appltcada). the
Se-*AmoinlAssignment pA rsetrent(dappicable)ahdkiram ghbwider tds
Ag now. to an assignee. The assig<os will late our place under lies Agreement the
Security, Account
entAgnmentf
applicade ?ne??tto iclubt) and ther Socially tosgrearmteandkaereels=ad.1Teaniya@may
or may riot be at diiape of Capital Ono Bank You matt pay Me asslordee and ogowke
aD caatayoirofttuundergls rreeement ?'Yem ountritasferyau Me Samagly applicable) or the
SecudyA, - i Agreemant(ffapplany erson
Aealgmentcable) abb) to any person or on try WNW
had
ourWWspriorwrittenconsantSubjectbtep?sentnce,thisAgmendtentwil
be binding and inum to the benefit ofyour and our e successors, assigns and
representatives.
Using Your Account You can make purchases and obtain cash advances ('d cash
advances am an option for your accouno by using youreard, accountaumber and any
account access checks (Including Purchase Cheds, Convenience Cracks. Special
Trance Checks and older stinger checks) that we may send to you. Addfonay, you
may request a skip, Pyeam on account access decks, butwe reserve the right to
charrmspe you a fee arr such services. When we provide you wh h accent amesechec ks,
we Met you Ndutner they will be traded as purchases, cash advances orspecal
Ironstone. Union we let you otherwise, Convenience Checks will Awns be treated as
cash advakce$. We may establish dtlerem segments fayour account such as a
porchoae segment a cash advance aeg rent and a special tanshim segment Each
segment may be suNact an toms and condom nM are different than two tat are
applicable b otorsegnonls.
Our Itebiffy, if arty. for any wrongful dishonor of an account exam check Is limited to
your weal damages and shall not include ay co Sequent al damages, and in oo event
will It excered the smo ntof Me chock.
You B not to use the red or account In connection w Ma any Internet or Segal
gamb6g baaasias, but ary Imamet or IbgA q I asacions In which you
engage with the card or account nevertheless eu be subed to this Agreement and the
Security Account Assignment Agmement Valid Your cud and account may a* be used br vaid and sex I purposes, if you use, or
authake someone eke b use, the cad or account for any untetvhd a Inkper issible
purpose, you will be responsible tor such use and may be required to reimbume us and
MasterCard International karporeled Wastatenr or Yid USA, Inc. Yea,' as
appicubk,orIteksummers fordamounts orexpenses fiMweortheypy asa
read of such ur ati or bgereleWe use. In any avant any unbwfid or Intpernhissible
tra done in which you arm with to cad or account nerrertatms will be surfed In
tyat had a pia tmdit card or other aocountwth us; or ad an arxcwt a balance of
such an accauntwae hmbrred to m none of our aflfats, and you agreed b reinstate
the balance of the prior account in the tom dyour new account the new aceamt wit
MIUM finance charges from the dole that the new account to opened.
Autadzed uses are not financially responsible for the WMRL An outarized user may
use a cmdt cad, can request certain accent information and an regent to be removed
from the account Subject to our dkcrefon, an authorized user may not be able to inifiae
certain actors on the account You agree to provide us with Information idatfying any
persons you sul orha to use your account including their name, address, data of lion
and other idenf ring inhumation we may request
Exchange, Rae. If you make a transaction in currency other, then U.S. dollars, MA
IntamafmalorMaster Card lausen ional will cromedthechargeor creditinoaU.S.
dollar amount in accordance with diet operating Vuladoas or conversion procedures in
Offset Milo #me the tral4aetiorn Is processed. VISA Imsmafonars regulations and
procedures provide that etfeclive April 2, 2005, the exchange rste between the
transaction currency and the bil aamency used for processing International
tnnsadions is vigor (1) a rate mkcled by VISA from the range of acceptable rates in
wholesale currency makeis for the applicable cor" procemmg date, which nab may
vary from the mb VISA belt recelves or (2) to government mandated rate in effect for
the opplcable control processing dab. MasterCard led emedmtars rair"ons and
procedures provlds to Glaraay Canelalen mb it uses Is e1har(1) a wholesae market
rate or (2) a government mandated rate in effect an to day tithe contral processing
data.
Cash Equhratent Transactions. O cash advances are an opfaa far your mount, you can
use your account to purchase contain (term that we regard as'cw equivalent
tmoacgme•' AN cash equWalerntransactions will be treated as sash advances and will
be bled to the cash edvar a segment d r acaourht Cash egtlivalad be ueetions
inckda, without Williston. Me purchase of whe livelier money orders, bets, btery
tickets, caeiro gaming chips and other similar products or services, Nothnq in this
paragraph will be htenpreled to validate any transaction that is unlawful or impermissible.
You Caudill LLrlL Your Iliad credit link will be disclosed when your account is opened
(a adFraled). Either Inilwy, or at any 12W drie, we may establish difaentcredit limi s
mat apply to dMo;ontsegments of you aecoed (such as purchase, cash advances and
special iasisk ).Your current aeddirik wig be Mantled in your periodic statements.
You agree nab allow the bd mx dyour 8d0WM(nClading all transactions, Tmatce
charges and oMr teas or degas}, or the balance olio appic" sepmern of your
account to exceed this applicable credit mite. ff you haw been given to ogre to
increase your credit limit by adding kinds b your Securiy Account IN applicable), we
reserve the fiaht not to Increase your credit alai lithe adddloml funds are orovided while
your accounts in default. We may Increase or decrease your credit IInats at any time
win notes to you, may temporarily increase or decrease your credit amts at any
One o prior notice to you, may left to credit amt for cash advances or may take
away your ability to obtain each advances We may hear tra secants in excess of your
credit trait even if base tkansacfons result in ar over limit fee, and those transactions
AdMonal Baefk and Services. From tare to Vale, we may dish you benefits and
services with your aaeent These benefBs and senACa may be provided by us or
third panes. Unless expressly made a part of this Agreement and except as
prperi ded in the Artillimillon d are on blow. any such beneets and services are not
a oflhiS AOreenant a subjedonlylo the fours and condbbns culned
in the beroate or servart brochure and other oiMdai docunanfs provided to you
with respect b to boefte and services. We may sdpat add, or delete bereft or
services at any time in accordance with Ore brochures or documents you mcdve.
In addition. any such bensik or services offered to you in the most current version
d ha'Guide b Beneite' Bhali r and harpersaG fo beroite and services
that had been offered w you In ell prerbra veftdofts dtM'Gude to Beneile'
without further not Except as provided by applicable law, we ate not liable for
bereft or services provided by third parses or the actions or emissions of terse
third parties.
Mating Payments. You promise b ppayy us and am fade for all amounts due
rematisg from the mil ortred use ofyaw card or account Including any lnera:e
charges and ollm charges due under the (errs of this Agreement Paym ear many
be made In U.S. dollars. Payments made by a check, money orders other
negodable instrument (an larmy cod be in a form acceptable b us and be drawn
on a U.S. trends! institution. We may Aloeae paymene and over weft and
Pmceetts enorg tlne various segments ofyow account and to does and
pdndpei due I if sash segment In arty waywe dobm*,e, IndM
Ong new barsocio s) with lower anual peroenegs rates (APRRsj befores
balances win higher APBs.
Payments; you mall to us at the address for payment stated on your periodic
statement will be credited to your mount as of the buskaee day we receive it
provided (1) you send to remittance coupon porion d Periodic suiewt
and your dock in the remit once envelope pamddad anti (2) your payment is
nmW in our pmceuft center by d* fee inriealed m parprIcift abbment
Pease d w at leadtve (5) business, days far postal delveny. txrile received
by us of any ogtarklcoi or In any odw ham may act be credited as of the day
we receive then. Our business days are Monday- Saturday, excluding holidays.
Creditwalatiiy may be delayed in our sorb duration to am= payment In good
kinds. If we accept a payment at some otter piece, we may the ending of
the payment for the to ive (5) days. This many case you to incur Payment fees
and eddtional finance charges, and may result In your account being declared b
be In default
Any minimum payment that is due will be stated In your periodic allotment You
must pay at least the minimum payment due by to deb stated in your periodic
statement to avoid a lads payment lee. However, you ray pay more tan the
minmum payment or pay the balance in U. In any, case, mum
contfine to to assessed during dung periods that: you my a bal?regadless
dwhe0or or not your statement shows amhNmurn payment due.
We can aced lee payments or partial payments, or terns marked Wyaw in
tut' or other sinter , or payments with a request to apply he payment in
a particular manner. w' t bsng ay of ourfights under t!s AOmement
Including our rthtto receive payment in fut. No payment shat operate as an
accord and satefaWm wilhoutour prior wdlbn approwl. All wdtern
ceramerlAIOM eenceoteg dkpoted amounts, Includ'rg any check OF Otlrer
paymentistumemMIndicate that iopayment crosObbs'pay tin Re of
the ariountowed ordat is lends ed with otter mrd1lons or IlrNbtiona?oras full
saOsWdon of a disputed amount must be mailed or delivered to Capild One. P.O.
Box 85010, Richland, VA 232654010. You will not make payments hum funds
obtained from the account or any otter an & account with us. tyow payment is
made to any other address, we may accept the payment without b .ng any of our
rights.
When you sand us=a) b make payment at yoursmaK you auftatze us to
Make aone4mee etasfer from youbankaoeountforlow umoffhe
check as indurated by numerical dgde. This auhorlmton applies to at cheek(s)
received by us during the brev Period even Nsent by ammae else, who your
agree is your sWand was provided wdin thaw disclosures In adwnce. This
authodzedm Is notrestricted by to dab on the duck and Includes maulanbalps.
We will not be bowed by any resbkWa egend or condition appeadng on the face
or reverse Wedthe dock. If wecorm procesatheekchnicMuller, you
au lbodw us b make a charge ap" your bank account by processing the died.
substfub dock, draft asimilar instrument
We may a*mtyau account as appropdMe to coned arms, returned Items,
rejected debits and similar maters.
We may, in our sale discretion, offer an expedited payment service. You am not
required b use this service. When you aulhoda us to process a demand drat
electronic ACH debit or other expedited payment melad foryour account we may
charge you an expedied paymentfee in an amount disclosed to you at the time of
the wake. We are not responsible for any dishonor of the payment by your
depositary, insfbeon and may retain the fee in the event of such dishonor.
If you give your account number or other ace nt iraomofon to another person to
make a payment for you or to act on Vote behalf, you agree l atwe nary discuss
your amount with that person and process the payment as If it were made by you.
You further agree ithat you wig be responsible for all consequences of payment or
non-payment by such party, rock dltg expedited payment retum payment lab
payment and over imp fees. We reserve the right to refuse to accept payment on
your behalf or to permit another person to act on your behalf.
Periodic Statement Each month tat you have a credit ordebit balance of more
tart $1 in you accent we will send you a periodic statement as and when
required by applicable law. The periodic statement wig ahme all transactors billed
to your amount dwrg the bung pedod. The bang period is nor Ihee from one
statement closing date.nmagh and including the nextsbbmeddosi g date. The
stalemena cbsig data deemilm ire mach of a speciie bung period. For
example, your January ding period Is the billing period urn the statement dosing
date in January.
Finance Charge. You will be assessed finance dages as previously disclosed to
you m of the TM Account Disclosures or as we will dsdoee to you If required
by aPp kw.
T Reduclbn in Finance Charge. We reserve the dghtb not assess any or
allfinarcischargesharanygloan bung period wlhoutwaiving the tight to assess
such finance degas in a future biting peiod.
Other Fees and Charges. The btowi g fare will be buffed to the purchase segment
of your account and will be tailed as a purchase and applied agenstyour
available credaNni, unless onerwin spa MK In every bi not t period in which
they app(. m A late pymentfes will be assessed ifwe do receive yes
payment in time for it b be credited, as provided In Ids Agreement by fl o dale
stated in your periodic statement (i) an over limit fee will be assessed lithe
balance of your account for any segtrtent of
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ARBITRATION AGREEMENT M-75733
IMPORTANT, THIS ARBITRATION PROVISION IS A PART OF YOUR CUSTOMER AGREEMENT
You and we agree that either you or we may, at arlher partpt sole
election, require that any Claim (as defined below) be nsolvad by
binding arbitration.
IF YOU OR WE ELECT ARBITRATION OF A CLAIM, NEITHER
YOU NOR WE WILL HAVE THE RIGHT TO PURSUE THAT
CLAIM DH 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 ARBiTI ITOR'3 RECISION WILL BE
FINAL AND BBHINO. OTHER RIGHTS THAT YOU WOULD
HAVE IF YOU WRIT TO COURT MCLUMNG THE RIGHT TO
CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR
UNAVANJUU IN ARBITRATION. THE FEES ASSOCIATED
WITH ARBITRATHON MAY BE HIGHER THAN THE FEES
ASSOCIATED WITH COURT PROCEEDINGS.
vSpacial OenaiUaes for Offs Arit
b( ??radoe Provision. For the
bfoowih g ?n?ot shall M N in a?ItlanbUeOde?finiio s set I rthin
your Customer Agrarrherht (' referniii
'Claim" means any dakn, controversy or dispute of any kind or nature
between you acid us.
A. This i*0000 mdndK without Nmitabron, any Claim that in
between you and be er bdwreen you and any amer amity from which
win acquired your account)
• this Arbitration Provision (including whether arty Calm Is subject
b arbtration)
• the establishment operation or termination of your account
•anydhdostlres, pmnnxiogOrOther
ubnsmdtrptim
reamg to your accent whether they Occurred before or after your
account was Opened
• any transactions or attempted transactions involving your account
• any ruling o collections matters retailing to your account
ppoogokdsgo 01 Lasarocss(inclu?dinggppa orcredas)byour account
• anp teas, interest or other charges assessed to you account, ar
tltelr txicuatton
• any products, services or berie is p rams reoad to or offered in
connection with your account (intruding any insurance, debt
cancelatton our Wended service Contraca amt any programs. reb as,
rewards, swap lli membershps discounts or coupons) whetter
or not we offered, introduced, sold or provided them
• currenipt=ordariasonsdanyl annatianalwymoryouraacotad
• any oft craters relating to youracoount or your relationslhip with us
B. Ibis de6nibon also lndudes, iwsflrorut Umilation, any Claim.
• regardless of how or when it is brought (for 'I'M e:, as an initial
claim, comterclatnh, cross-claim Interpleading or 106-party claim)
• based on any theory of rdfef or damages Oncluding morteyr damages
and any form of specific performance or injunctive, declaratory or
other equitable relief
• rased a arty Hheory of tow or equity onduding coatrad, tort, fraud,
an*$tutloof arty typ sialio rebar , Mann or wmn&l acts at
rr?sions o vA Wtetlta negligen4 reclidess or Intentional)
•rtprta thvvmi nr ammnn rmnw3•A VriM emu nr Mhmlrv, thin 1h
ir (ewah of we are not property
future regerdlessofwhmthe
h the Gaim occurred or when
ad of adass action, prlvateattomey general action, or other
It" or collective action which Claim shall proceed on an
basis as set forth more hilly in this Arbitration Provision.
Arbitration Adminlelretots. One of the following arbitration
adminislrahors ('Administrator' or collectively, 'Adminlslratas) will
administer the arbitration:
JAMS
1920 Main St, Ste. 300
Irvine, CA 92614
wwwiamsadccom
American Arbitration Assn
3335 Madison Ave., Floor 10
New York NY 10017-4605
vrvlw.adr.org
National Arbilration Forum
P.O. Box 50191
M?'?rma?ppoW, MN 55405
www.arbitalloMorum com
You may omhacl of the Adcuinisbators to obah information
about a 'tralion, ara2ration rules and procedures, in scttedutes arid
claim lcr=
Election and bminuen of Arbitration. You or we may elect
arbtragmh under this Aftation Provision with resped to arty Claim,
even If the Claim is part of a awsut brougta In court You or we may
male a motion or request in court to compel arbitration of any Claim
!:fougqht as pat of any %WSUIL We will not eeot or initiate arbitration of
any Gaim brought in a small dears tart ((a the aquirdlait), so bop as
the Claim remains in that court, is made Snaty on behalf of an hneivii"
or joint account holder and is not made as (rant of a class action, private
adomey general action or other representative or collective Khoo.
You ind we must hollow the rules of the Administrators to inhale
arbitration. t you Writhe arbitration. you may choose one at the
Administrators, and you most mail us any naft iced by ate
Admlislator to P.O. Box W6, Rldtrnood, VA ?323550. T we
inatate arbitation, we wdll dhooser one of the Administtators, and we wil I
mail you any notice requred by the Administrator to your last-known
biting addreess. I} we have inlaad arbitation, we will flange the
Administrator at your reprast it you notify us in writing at the above
eaueai w,iti,iu 1111601 udys ui u 4eid w dry NiitC wd Salt; ya1 Ui UU1
initiation of arbitration.
Procedures and Law Applicable In Arbliratkne. This Arbitration
Provision is made pursuant to a transaction involving Werstate
com aroe and shad be governed DDyy and enforceable under the Fed"
Arbitration Act (ft 'FAA7 Ouestions abed whatha any Clam is
subbed to arbitration shalt be resolved by interpreting this Arbitration
Provision in the broadest way it rrey be enforced, consistent with the
FM ant the arms of this ArbrTfall an Provision. The arbitrator will apply
substantive haw con $Writ with the FAA and applicable statutes of
limits dory, but the validity and erdorcement of airy class actlmt walver
is a ion for a court at co etert jurisdiction, icon an arbitrator, to
decide. The arbitrator may award any damp or other relkl permited
by applicable substantive law (Ens will not have power to review the
enlorceabNry or saveraabitiry of the p?aprapft 'No Consolidation of
Joinder Of Padies,' below), but the awid almlI detarmine the rights and
Obligations of Only the named parks and onty, with respect to fire
Claims In arbitration. The ales and protedues of the Admin to,
which ?Otl may obtain fr the Admknstrator, shall gwAm the
arbitraboh unirar trey co 11domwith this Arbitration provision, in which
rase this Arbitmlioh Provision will apply. The arbitrator will not be
bound by and this Arbilratm Provision shat not be subject in, ire
federal, shoe or local rubs of procedure so "once that would sepppqtyy
in arty court, or to state or heat laws that relate to abilretlen
proceedings. You or we may have a hearing In arbibe t Any
afihtratioh hearing tlal you atand in person will take place d a location
In the federal jm1(ckal district net Includes your last-known billing
address or at some otter plan upon which you and wealift You or we
may be represented bbyy taunsel. It you or we request, the arbitraor will
bona claims of pft recognized cruder applicable law and ,rill use
beat efforts to prated confidelial information (including through the
an at prdecllve orders). The acbibator will make any award in writing
arid. at the timely request Of either parhi, will provide a wdten statement
Of reasons fm the award.
Costs. The party inifialelp arbitratopn will payyrhthhe inllal finny lee. You
may
of it. other f?eesa(cawaiver of . live l srtMly, Admmiinistr orr3 Fees") under arty applicNts
rules of tre nistr o.t you seek but do not quality to wwaiveer, we
will consider any written request by a for us to ppaoiy or reimburse you
for all or pal of the Administrators Fees. We also wlli pay or reimburse
you far all or part of the Administrator S Fees if the arbitrator determines
there is pond reason for us to do so. M will pay any lees and costs we
are required to pay by law. Otherwise, and a* as provided in this
Agreement, you and we will bear at of our respective toes and costs
including the Administrators Frees and the fees and costs rearing 0 meys, of less OW ?ssreellatlnp eals?in as b ? tr?a?i sit ti be lit edd In
same manner.
No Consolldadon or Joinder of Parties. The arbitration of any
Claim must proceed on an Individual basis, evert It the Claim has been
asserted In a court as a class action, private altorr general action our
other represerhlatlve or collective action. unless all Wigs consent,
nether you nor we may join. consolidate ar otherwise bring Claims
reload to two or more accornts. Indiv"s of accountholders In the
same arbitration. Also, unless all parties onaerht, neither you nor we
may pursue a class adlm, wale atomey general action or other
representative a collective actinofrnpIn arbitration, nor may you or we
not haave uch t ieririgtoht do acct as a class repr?aentativeorpa?rtiopa as a
member of a class of claimants with respect to any Claim as to which
arlifton has been elected.
Judgment, Eudemement, Ruslif!y and Appeal. The ar0ilahmr
decision will befhlefandWining aft leendaysurdessyouor we seek
an appeal at the awed by making awriten request to rte AdminislraW.
The appeal paid, which will corslst of three arNinthors, will consider all
faduai and legal Issues anew, will conduct The appeal M the same
manner as the Initial arbitration and will ado decisions baud an the
vote of the majority. The panels decision will be gnat and binding. Any
fuel decision of the arbitrator or at He oat panel is subject to judicial
review only as Sat forth under the FAA Ain award in arbitration will be
enkvcmble under the FAA by any court having jurisdiction.
Mimilaneous, Waiver, Severabllity, Survival. t you or we do
not elect arbluvion or otherwise enforce this Arbitration Provision in
connection with any particular Chaim, you owe will oowaive anyIf his
to require arbitration In connection with that or any other Claim. This
Arbitration Provision shall survive: () suspension, termination.
revocation, closure or charges or this Agreenera, your account and your
relatlauhip with us: (ii) the bankruptcy or insolvency 01 any party: and
(iii) any transfer of your account, oranyamounis owed on your account,
to any other person or entity. It any portion of this Arbitration Provision
is deemed imatid or uneniorceabla, the remaining potions of this
Arbitration Provision shall nevertheless remain valid and in force. In the
event of a coNiict at locorsismocp berhm this A bibsuion Provision
and the other provisions of cods Agreement or any prior agreement, this
Arbilation Provision shat fiovam. A ph" or other image of this
Agreement and related comments may be reed in pace of the originals
for all purposes including litigatian
a 2005 Cam One Services, Inc. Capital One is a federally registered
services mark. All rights reserved.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CAPITAL ONE BANK (USA), N.A.
CIVIL DIVISION
Plaintiff
VS.
TERESA REINHARDT
866 OLD FORGE RD NO: 11-8492
New Cumberland PA 17070
Defendant
+ ?-? J'-
iLk 1 PG(..
t
?i2 HiP -1 PH 1: 0°
CUMBERLAND CouNTy
RENNSYLVA141A
PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT
TO THE CLERK OF JUDICIAL RECORDS:
Kindly enter judgment by default for failure to respond to Plaintiff's Complaint in the
amount of $1,596.48. Notice of the intent to file a default judgment was served upon the
Defendant on January 12, 2012. A copy of the Notice of Intent to Take Default Judgment is
attached hereto and marked Exhibit "A."
A. A15raham.61dh &)Usoci
Mchael ft/Ratchford, Esquire
Attorney I.D. No.: 86285
Attorney for Plaintiff
JUDGMENT
AND NOW, this day of)92.-L&,:,?_20 j o udgment is hereby entered in favor
of the Plaintiff, CAPITAL ONE BANK (USA), N.A. and against the Defendant, TERESA
REINHARDT in the amount of $1,596.48 for failure to respond to Plaintiff's Complaint.
PROTHONOTAP*\, :l
e /33 Inc,
-? 7lS0/-
A1)41Le.n1a1
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CAPITAL ONE BANK (USA), N.A.
Plaintiff
vs.
TERESA REINHARDT
866 OLD FORGE RD
New Cumberland PA 17070
Defendant
CIVIL DIVISION
NO: 11-8492
CERTIFICATE OF SERVICE
1, Michael F. Ratchford, Esquire, hereby certify that on the date indicated below, I served
a copy of the Praecipe for Entry of Default Judgment in the above captioned matter by mailing
the same via First Class United States mail, postage prepaid addressed as follows:
TERESA REINHARDT
866 OLD FORGE RD
New Cumberland PA 17070
Date: February 17, 2012
Edwin A. Abrahamsen & Associates, P.C.
NfIchael F. RatcWrd, Esquire
/Attorney I.D. No.: 86285
J20 N. Keyser Avenue
Scranton, PA 18504
(570) 558-5510
CAPITAL ONE BANK (USA), N.A.
Plaintiff
In the Court of Common Pleas of
CUMBERLAND County, Pennsylvania
Civil Division
vs.
TERESA REINHARDT
866 OLD FORGE RD
New Cumberland PA 17070
Defendant
NO: 11-8492
AFFIDAVIT UNDER SOLDIERS AND SAILORS
RELIEF CIVIL RELIEF ACT OF 1940 AS
AMENDED
State of Pennsylvania
County of CUMBERLAND SS:
Michael F. Ratchford, Esquire being duly sworn according to law deposes and says that the
above named defendant(s): TERESA REINHARDT is(are) not in the military service of the
United States of America as defined by the Soldiers' and Sailors' Civil Relief Act of 1940 as
amended;
That the defendant(s): TERESA REINHARDT is(are) older than eighteen years of age;
That the employment status of the defendant(s): TERESA REINHARDT is(are) unknown.
Subscribed before me this day o Ul.lO? 0
Notary P b Tic COMMONWEP.L ! t:
Dyame i, ox.
City of Srrantor, aCK :r
My cam„
MEMBER, P NN
EDWIN A. ABRANAMSEN
MICHAELF. RATCHFORD
KEVIN J. CUMMINGS
NINA MENICHELU
Ifli
THE LAW OFFICE OF
BDININ A. ? UPLAM I%B'RN & cSUt L-,7 BN. M
WWWXAA-LAW.COM
January 12, 2012
TERESA REIN]-IARDT
866 OLD FORGE RD
New Cumberland PA 17070
Re: CAPITAL ONE BANK (USA), N.A. v. TERESA REINHARDT
CUMBERLAND Coualy Civil Action No-11-8492
Our file No.: NAI 14214/AMP
Dear TERF;SA REINHARDT:
Enclosed please find the Ten Day Notice of Intent to Take Default in regard to the above-
noted matter. Please act accordingly.
If you have any questions or wish to discuss your outstanding account, please contact me
at (570) 558-5510.
Edwin A. Abrahamsen & Associates,
Kevin J. Cummings, Esquire
Enclosure
This is a communication from a debt collector in an attempt to collect a debt. Any information
will be used for that purpose.
120 N KEYSER AVE SCRANTON, PA 18504 (P) 570.558.5510 (F)570.558.5511
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CAPITAL. ONE BANK (USA), N.A.
: CIVIL. ACTION
Plaintiff
vs.
TERESA REINHARDT NO: 11-8492
Defendant
TEN DAY NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT
To: TERESA REINHARDT
866 OLD FORGE RD
New Cumberland PA 17070
Date of Notice: January 12. 2012
IMPORTANT NOTICE PURSUANT TO PA.R.C.P. 237.1(a)(2)
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER AN
APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH
THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH
AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS
NOTICE A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING
AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITI-I INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
York County Sheriffs Office
45 N. George St.
York, 1'A 17401
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CAPITAL, ONE BANK (USA), N.A.
CIVIL ACTION
Plaintiff
vs.
TERESA REINHARDT NO: 11-8492
Defendant
CERIFICATE OF SERVICE
I, Michael F. Ratchford, Esquire, hereby certify that on January 12, 2012 I served a copy
of the Ten Day Notice of Intent to Take Default in the above captioned matter by mailing the
same via First Class United States mail, postage prepaid addressed as follows:
TERESA REINHARDT
866 OLD FORGE RD
New Cumberland PA 17070
Edwin A. Abrahamsen & Associates, P.C. /; /
BY:
Mic el tchford, Esquire
Attorney 1.6. No.: 86285
Kevin J. Cummings, Esquire
Attorney I.D. No.: 209660
120 N Keyser Avenue
Scranton, PA 18504
(570) 558-5510
Request for Military Status
Department of Defense Manpower Data Center
Military Status Report
Pursuant to the Service Members Civil Relief Act
Page 1 of 2
Feb-28-2012 10:33:28
* Last First/Middle Begin Date Active Duty Status Active Duty End Date Service
A
enc
Name g
y
Based on the information you have furnished, the DMDC does not possess
REINHARDT /TERESA any information indicating the individual status.
Upon searching the information data banks of the Department of Defense Manpower Data Center, based
on the information that you provided, the above is the current status of the individual as to all branches
of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast
Guard).
14
y6t pq.
Mary M. Snavely-Dixon, Director
Department of Defense - Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that
maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the
official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§
501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940).
DMDC has issued hundreds of thousands of "does not possess any information indicating that the
individual is currently on active duty" responses, and has experienced a small error rate. In the event the
individual referenced above, or any family member, friend, or representative asserts in any manner that
the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly
encouraged to obtain further verification of the person's status by contacting that person's Service via the
"defenselink.mil"' URL http://www.defenselink.mil/fag/12is/PC09SLDR.html. If you have evidence the
person is on active duty and you fail to obtain this additional Service verification, punitive provisions of
the SCRA may be invoked against you. See 50 USC App. §521(c).
If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a
middle name), you can submit your request again at this Web site and we will provide a new certificate
for that query.
This response reflects active duty status including date the individual was last on active duty, if it was
within the preceding 367 days. For historical information, please contact the Service SCRA points-of-
contact.
https://www.dm(ic.osd.mil/appj/scra/popreport.do 2/28/2012
Request for Military Status Page 2 of 2
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a
period of more than 30 consecutive days. In the case of a member of the National Guard, includes
service under a call to active service authorized by the President or the Secretary of Defense for a period
of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national
emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR)
members must be assigned against an authorized mobilization position in the unit they support. This
includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a
Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health
Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a
period of more than 30 consecutive days.
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active
duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate.
Many times orders are amended to extend the period of active duty, which would extend SCRA
protections. Persons seeking to rely on this website certification should check to make sure the orders on
which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report
for active duty or to be inducted, but who have not actually begun active duty or actually reported for
induction. The Last Date on Active Duty entry is important because a number of protections of SCRA
extend beyond the last dates of active duty.
Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights
guaranteed to Service members under the SCRA are protected.
WARNING: This certificate was provided based on a name and SSN provided by the requester.
Providing an erroneous name or SSN will cause an erroneous certificate to be provided.
Report ID:NOA2AD6SEC
https://www.dm(Ic.osd.mil/appj/scra/popreport.do 2/28/2012
CAPITAL ONE BANK (USA), N.A.
Plaintiff
VS.
TERESA REINHARDT
866 OLD FORGE RD
New Cumberland PA 17070
Defendant
in the Court of Common Pleas of
CUMBERLAND County, Pennsylvania
Civil Division
.0: 11-8492
NOTICE OF FILING JUDGMENT
Notice is hereby given that a money judgment in the above-captioned matter asbeen entered
against you in the amount of $ /S'ni L L/ on 311
By
If you have any questions regarding this notice, please contact the filing party:
Edwin A. Abrahamsen & Associates
120 N. Keyser Avenue
Scranton, PA 18504
Telephone: (570)-558-5510
(Notice is given in accordance with PA Supreme Court Rule of Civil Procedure No. 236)