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HomeMy WebLinkAbout12-1211Robert N. Volas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC 3F ' L t fl . ? 4 y k 140 Corporate Blvd. Norfolk. VA 23502 TELE: 1-866-428-8102 w `+ FAX: 757-518-0860 Attorneys for Plaintiff COUNTY (LYANIti 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. C70 G q- / 61;1 V. LYNN BRETT 115 CHARLOTTE WAY APT 301 ENOLA PA 17025 Defendant NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action 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 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. pave %108.7,5k C1L4 ) L1y U I? IL ! «c 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. LYNN BRETT 115 CHARLOTTE WAY APT 301 ENOLA PA 17025 Defendant NOTICIA USTED HA SIDO DEMANDADO/ A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte (20) dias 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 esate 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 CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION 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 P €"oly)IIIIII)MItion I's *rolTl a dc"' "31??[ ttsl° ?7?a =11 n,, ?11!'Or17"wbou ()hI 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. LYNN BRETT 115 CHARLOTTE WAY APT 301 ENOLA PA 17025 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 LYNN BRETT, is an adult individual with last known address of 115 CHARLOTTE WAY APT 301, ENOLA PA 17025. 3. It is averred that Defendant was indebted to CAPITAL ONE BANK N.A. on April 16, 1997 with account number ************9172 (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. 5. At all relevant times material hereto, Defendant has used said Account for the purchase of products, goods and/or for obtaining services. !,Ii, conIIII(Inic l-toll Is from it debt: 1!t.'.ltor ? 1 .. t= ddiI,. r 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 19, 2011. 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 $4,053.96. 10. 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, LYNN BRETT, in the amount of $4,053.96, plus costs of this action and any other relief as the Court deems just and reasonable. y' Robert N. Polas Jr., Esquire # 201259 Carrie A. Brown, Esquire # 94055 11-56141 I'll -, ('01101,11AIIic lOn i, Frtwn ?i debt atal _ ipt to , ;?I1 't t<, 01) €Z] ., _ . X11 l?{ wed VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, David D. Sage 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 : FEB 0 9 2012 By: -- -} •-- David D. Sage- Custodian of Records 11-56141 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Capitat, NA 15000 Capital One Drive Richmond, VA 23238 sardic Exhibit 1 to Forward Flow Receivable Sale Agreement dated June 30*, 2010 BILL OF SALE Closing Date: July 20'b, 2010 Capital One Bank (USA), National Association ("Seller"), in consideration of a .. 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 20100715.PS43CP.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 June 3&, 2010, 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 July 15'', 2010. The aggregate the Accounts as of the Cutoff Date was CAPITAL ONE BANK (USA), NATIONAL ASSOCIATION By: JL- Nam Stalls Title: Recoveries MVP , of C AVrbe Credit Card Agreement for VISA Signature' and World MasterCard' in Capital One' Bank (USA), N.A. There are two parts to this Credit Card Agreement: Capital One Pricing Information and the Capital One Customer Agreement. The Pricing Information shows a range of terms that includes both mail and online offers for new accounts available under this Agreement as of March 31, 2011. The combination of terms that could apply to you will differ depending on the specific card offer and on your creditworthiness at the time of application. Not all offers will contain introductory rates. The Customer Agreement contains important information related to Visa Signature and World MasterCard consumer credit cards issued by Capital One Bank (USA), N.A. Please visit www.capitalone.com to view our online credit card offers. If you are a current Capital One cardholder, please log in to your account if you would like to request the Credit Card Agreement for your account (s). Annual Percentage Rate Introductory rate of 0% for 12 months. (APR) for Purchases Non-introductory rates between 10.9% and 21.9%. Some Purchase APRs may vary with the market based on changes in the Prime Rate. APR for Transfers Between 10.9% and 21.9%. Transfer APRs may vary with the market based on changes in the Prime Rate. APR for Cash Advances 24.9%. Cash Advance APRs may vary with the market based on changes in the Prime Rate. Penalty APR and When 29.4% It Applies Penalty APRs may vary with the market based on changes in the Prime Rate. This APR may be applied to your account if you make a late payment. How Long Will the Penalty APR Apply? If APRs are increased for a payment that is more than 60 days late, the Penalty APR will apply indefinitely unless you make the neat six consecutive minimum payments on time following the rate increase. Paying Interest Your due date is at least 25 days after the close of each billing cycle. We will not charge interest on new purchases provided you have paid your previous balance in full by the due date each month. We will begin charging interest on cash advances and special transfers on the transaction date. Minimum Interest Charge If you are charged interest, the charge will be no less than $0.50. Annual Fee Between $0 and $59 annually. Transaction Fees • Transfer Fee 3% of the amount of each transfer. • Cash Advance Fee The greater of either $10 or 3% of the amount of each cash advance. • Foreign Transaction Fee None. Penalty Fees • Late Payment Lip to $35. • Over-the-Credit-Limit $0. • Returned Payment Up to $35. How We Will Calculate Balances: We use a method called "average daily balance" (including new purchases). See How Do l ou Calculate the Interest Charge? below for more details. Loss of Introductory APR: We may end your Introductory APR and apply the Penalty APR if you make a late payment. Things You Should Know About These Offers Can You Change My Account Terms? We can change the terms of your account as permitted by law. When required, we will send you notice before doing so. CA058_CAA_Fed_FormaLApril2C11.indd 1 4/27/11 11:09 AM How Do You Calculate Variable Rates? Variable rates nray change when the Prime Rate changes. We calculate variable rates by adding a percentage to the Prime Rate published in The Wall Street Journal on the 25th day of each month. If the Journal is not published on that day, then see the immediately preceding edition. If Prime changes, your new, rate will take effect on your next billing period. If your offer discloses a variable rate that changes quarterly, your new rate will take effect on the first day, of your January, April, July and October billing periods. If the APR associated with an offer is variable, the APR will equal: Non-introductory Purchase APR - Prime plus a margin between 7.65% and 1.8.65%. 'transfer APR - Prime plus a margin between 7.65% and 18.65%. Cash Advance APR - Prime plus 21.65%. PenaltyAPR - Prime plus 26.15%. What Are The Daily Periodic Rates Used To Calculate My Interest? The daily periodic rate for your introductory Purchase APR would be 0%, Non-introductory Purchase APR would he between .02986% atd.06%, Transfer APR between .02986% and .06%, Cash Advance APR .068'2'2% and Penalty APR .08055%. How Can I Avoid Paying Interest Charges? Each month you pay your "New Balance" in full by the due date, you will have a minimum grace period of 25 days with no interest charge on all new 1) purchases, 2) balance transfers. 3) special purchases and 4) other charges. If you have been paying your account in fall with no interest charges applied and you do not pay your next bill in frill, prorated interest charges will be assessed. There is no grace period on cash advances, special transfers, or on any new, transaction when there is an unpaid balance from a previous bill. How Is The Interest Charge Applied? Interest charges accrue from the 1) date of the transaction, 2) (late the transaction is processed or 3) first calendar day of the billing period. Interest charges accrue on every unpaid amount until it is paid in full. This means you may owe interest charges even if you pay the entire "New Balance" one month, but did not do so for the previous month. Unpaid interest charges are added to the proper segment of your account. How Do You Calculate The Interest Charge? For each segment of your account, we calculate your total interest charge by multiplying your average daily balance by the daily periodic: rate and multiplying the result by the number of days in the billing period. Due to rounding or a minimum interest charge, this calculation may vary slightly from the interest charge actually assessed. We determine your daily periodic rate by dividing the corresponding Annual Percentage Rates by 365 and rounding to the nearest 1/100,000th of 1 %, not to exceed the maximum allowed by applicable law. If the daily periodic rates and corresponding Annual Percentage Rates increase, the interest charge will increase and your minimum payment may be greater. To determine your average daily balance: 1) add the daily balances together and 2) divide the sum by the number of days in the billing cycle. To determine your daily balance: 1) take the beginning balance and add in new transactions and the periodic interest charge on the previous day's balance. 2) Subtract any payments and credits for that segment as of that day. However, if you paid your previous month's balance in full (or if your balance was zero or a credit amount), new transactions which post to your purchase or special purchase segments are not added to the daily balances. Also, transactions that are subject to a grace period are not added to the daily balances. 02011 Capital One. Capital One is a federally registered service mark. All rights reserved. Products and services offered by Capital One Bank (tSA), N.A. Capital One supports information privacy, protection: see our website at wwwcapitalone.com. MasterCard is a registered trademark of MasterCard International Incorporated. Visa and Visa Signature are registered trademarks of Visa International Service Association and used under license. CA056_CAA_Fed_FormaLApri12011.indd 2 4/27/11 11:09 AM Capital One® Customer Agreement Welcome to Capital One.*, Thank you for opening a credit Card Account with us. This Customer Agreement ('Agreement") contains the terms for your Capital One credit Card. Some Definitions. The meanings of the terms you see in italics appear in the Glossary Section. To make the Agreement easy to understand, we will also use the following personal pronouns: "You," "your" and "yourself" mean each applicant and co- applicant for the Account; any person responsible for paying the Account; and anyone You authorize to use, access or service the Account. It also includes an Authorized User as defined in the Glossary Section. "We," "us," "our" and "Capital One" mean Capital One Bank (USA), National Association; and its agents, authorized representatives, successors, and assignees. Account Documents. Your Account with us is governed by the following documents: (1) this document; (2) all Statements; (3) all rewards information and documentation if your Account has rewards; (4) any Privacy Notices describing our limitations on sharing information about you with others; (5) your Card benefits brochure which describes benefits provided by the Payment Card Network for your Card and Account. The most current version of your Card benefits brochure will replace all prior versions; (6) the "Security" Agreement if you have a secured Card; (7) all disclosures and materials provided to you before or when you opened your Account, including Truth in Lending Disclosures; (8) all other documents and disclosures relating to your Account including those provided online; and (9) any future changes we make to any of the above things. Please read these carefully and keep them for future reference. An image of any of these can be used instead of the original. New Offers. In the future, we might make new offers to you or forward offers from others that we think you might be interested in. These offers may have new or different terms and documentation for these offers will be provided when we make you the offer. If you accept the offer, your previously disclosed terms will still apply except as modified by the offer. Account Information. We need information about you to manage your Account The information we need includes: (1) your legal name; (2) a valid U.S. mailing address and residential address (if different); (3) your date of birth; (4) your social security number or other government identification number; (5) your telephone number(s); and (6) your employment and income information. CA058_CAA_Fed_Format_April20ll.indd 3 You must tell us when this information changes. Please update your address in the manner provided on your Statement. You may also update some of this information by logging onto your Account on our website or by calling one of our representatives at the telephone number provided on your Statement or, on the back of your Card. We may require you to provide additional documents that are acceptable to us to verify this information or any changes. We maintain the right to restrict or close your Account if your information cannot be verified or if you do not provide additional information as requested. Your Revolving Credit Line and Spending. Your Account features no over limit Fees for additional spending flexibility. While transactions in excess of your revolving credit line will not result in an over limit Fee, they will be immediately due and payable in your next periodic Statement. The revolving credit line is the maximum amount you can borrow and choose to repay over time. Transactions and Fees in excess of your revolving credit line may not be honored. If honored, however, they will be subject to this Agreement. Any transactions honored in excess of your revolving credit line will not result in an increase of your revolving credit line unless we expressly notify you otherwise. Your initial revolving credit line will be disclosed when your Account is opened. Unless required by law, we may increase or decrease your revolving credit line at any time without prior notice to you, may limit the credit available for Cash Advances or may take away your ability to obtain Cash Advances. Your current revolving credit line will be identified in your periodic Statements. Using Your Account. You promise to follow the terms of this Agreement as long as your Account remains open or has a balance. Please sign the Card immediately when you receive it. The Card is valid during the dates provided on the front. The Card is our property, and you will return it to us or destroy it if we ask. You will take reasonable steps to prevent the unauthorized use of your Card and Account. We are not responsible if anyone refuses to accept your Card for any reason. Also, we may reject any transaction for any reason. Unless we tell you otherwise, we will bill each transaction to the applicable Segment of your Account and apply it against your available credit limit for the Account and Card for that Segment in each Billing Cycle. You may also obtain Cash Advances and Transfers if they are permitted for your Account. Unless we agree, you may not use a Transfer to transfer amounts from other Accounts with us or any other company within the Capital One organization. You must not use, or try to use, the Card for any Internet gambling transactions or transactions that are illegal or not permitted by us. You will still be responsible if you do. In addition, these transactions will be subject to this Agreement, and you might have to reimburse the Payment Card Network and us for all damages and expenses. From time to time, due to circumstances beyond our control (such as system failures, fires, floods. natural disasters or other unpredictable events) our services might be unavailable. When this happens, you might be unable to use your Card or obtain information about your Account. We will not be responsible or liable if this happens. 4127/11 11:09 AM Rewards. Your Account might provide you with the opportunity to earn rewards. If it does, we will separately provide you with all information and terms about your rewards. We will include on your Statements all rewards you have earned. It might take up to two Billing Cycles for your earned rewards to appear on your Statement. Using Your Access Checks. When we provide you with Access Checks, we will tell you whether we will treat them as purchases, Balance Transfers, Cash Advances or Special Transfers. Only the person we designate may use Access Checks. Access Checks may not be used to pay any amount you owe us or any other company within the Capital One organization. We may reject and not pay any Access Check for any reason. Some examples of reasons why we may reject and not pay include: your Account is delinquent, charged-off, bankrupt, lost/stolen or closed; our fraud system prevents the offer fulfillment; your Account is overlimit; or the checks have expired. Any liability for our wrongful dishonor of an Access Check will be limited to your actual damages and will not exceed the amount of the Access Check. When you use an Access Check, you will have fewer rights to dispute merchant transactions than with other uses of your Card. Please see the "Billing Rights Summary" part of your Statement and your other Truth in Lending Disclosures for more information. Stopping Payment of Access Checks. You may request a stop payment on any Access Check by contacting us as provided on your Statement. We may charge you a Fee to stop payment as described in the Interest Charges and Fees section. If you call us to stop payment, you must also send to us a written request within 14 calendar days. We will have a reasonable amount of time after your stop payment request to research the situation and complete it. We will not be responsible if we cannot complete the stop payment because the Access Check was already paid, you do not give us the information we asked for or the information you gave us was incorrect. If we cannot stop payment for these reasons, we may still keep the stop payment Fee. Once we complete a stop payment, we do not have to release the stop payment order unless the same person asks us to. If we re-credit your Account after paying an Access Check following a valid stop payment order, you give us all of your rights against the payee or other holder of the paid Access Check. You also agree to help us in any actions we might later take against that person. Using a PIN. We may give you a personal identification number (PIN). For security reasons, you might have to provide the PIN before you are able to complete some transactions using the Card. With a PIN, you may use your Card to: (1) obtain cash from certain automated teller machines (ATM) or (2) make purchases at certain merchant or retailer point-of-sale devices (POS). You may do these things if the ATM or POS requires entry of a PIN and displays the logo of the Payment Card Network on your Card. We will treat all ATM transactions as Cash Advances and all POS transactions as purchases. You should keep your PIN secure and not write it down, give it to anyone, or keep it with your Card. If you lose your Card or believe that someone has gained unauthorized access to your PIN, you must contact us immediately. CA058_CAA_Fed_Format_Apn120t1.indd 4 Authorized Users. You may ask us to add one or more Authorized Users with additional Cards on your Account. If we agree to your request, we will need certain information about the Authorized User to manage your Account. This will be the same information you provided about yourself as described in the Account Information Section. We may limit an Authorized User's ability to initiate certain transactions. If we do, we will tell you about these limitations before adding any new Authorized User on your Account. Once we add an Authorized User to your Account, we may discuss your Account with them and provide them with Account information. You will be responsible for the Authorized User's use of the Card and your Account as well as anyone else they allow to use your Card or Account. This will be true even if you did not want, or agree to, the use. Removing an Authorized User. If you want to remove an Authorized User from the Account, you must contact us as provided on your Statement and request their removal. We will have a reasonable amount of time after your request to research the situation and remove them. You also must immediately destroy all Cards in their possession and cancel all of their billing arrangements to the Account. We will not do this for you. During this time, you still will be responsible for all amounts they charge to the Account. You will be responsible even if these amounts do not appear on the Account until later. An Authorized User may remove themselves from the Account upon request. We may close your existing Account and/or issue a new Card with a new Account number. Your Promise to Pay. You promise individually and jointly to pay us all amounts due on your Account. This includes amounts where you did not sign a purchase slip or other documents for the transaction. If you use your Card number without presenting your actual Card (such as for mail, telephone or Internet purchases), this will be treated the same way as if you used the Card in person. If you let someone else use your Card, you are responsible for all transactions that person makes. Your promise to pay us will apply to your estate if you die. Statements. We will send you one Statement for all Cards on your Account unless the law does not require or permit us to send a Statement. Statements will be sent at the end of each Billing Cycle when your Account has a debit or credit balance of more than $1.00, or if we have charged any Interest Charges to your Account. Your Statement will show all transactions billed to your Account during the Billing Cycle along with other important Account information. Disputed Transactions. You must inspect each Statement you receive and tell us about any errors or questions you have as described in the "Billing Rights Summary" part of your Statement and other Truth in Lending Disclosures. If you do not notify us as provided in those disclosures, we may assume that all information in the Statement is correct. If you dispute a transaction made by you or someone else on your Account, and we later credit your Account for all or part of the disputed amount, you give us all of your rights against that other person You also will: (1) give us any merchandise or other purchases you received in connection with the disputed amount if we ask; 4/27/11 11:09 AM (2) not pursue any claim or reimbursement from the merchant and that other person; and (3) help us pursue and get reimbursement from the merchant and that other person; your help includes giving us documents that we ask for and that are acceptable to us. Interest Charges and Fees. We will charge Interest Charges and Fees to your Account as disclosed to you in your Statements and other Truth in Lending Disclosures. In general, Interest Charges begin to accrue from the day a transaction occurs. However, we will not charge you interest on any new balances posted to the purchase Segment of your Account provided you have paid your previous balance in full by the due date. We will treat the following Fees as purchase transactions unless otherwise specified below. These Fees apply to your Account only if they are provided in your Truth in Lending Disclosures. We may increase your Interest Charges and Fees as described in the Changes to Your Agreement section or in your Truth in Lending Disclosures. • Membership Fee. We may charge you this Fee as early as your first Billing Cycle or the first Billing Cycle after this Fee becomes effective. If it is an annual Fee, we may then charge it approximately once per year. If it is a monthly Fee, we may charge it once in each Billing Cycle. This Fee is payable in advance even if you do not use your Account. • Late Payment Fee. We may charge you this Fee if we do not receive your payment in time for us to credit it by the due date shown on your Statement. • Returned Payment Fee. We may charge you this Fee each time any payment you make to us is not paid by your financial institution for any reason, even if that institution later pays it. • Stop Payment Fee. We may charge you this Fee each time you request us to stop payment on an Access Check or you renew an existing stop payment order as provided in the Stopping Payment of Access Checks section. • Copying Fee. We may charge you a per-page Fee for copies of transaction documents or Statements unless they are required in resolving a billing dispute. • Cash Advance Fee. We may charge you this Fee each time you obtain a Cash Advance. This Fee will be treated as a Cash Advance transaction. • Transfer Fee. We may charge you this Fee each time you obtain a Transfer. This Fee will be treated either as a Special Transfer or purchase transaction depending on the Segment in which the Transfer posts. Transactions Made in Foreign Currencies. If you make a transaction in a foreign currency, the Payment Card Network will convert it into a U.S. dollar amount. The Payment Card Network will use its currency conversion procedures in effect when it processes the transaction. The conversion rate in effect on the processing date might differ from the rate in effect on the transaction or posting date. We do not currently adjust the currency exchange rate or charge any additional currency conversion Fees. No Warranties. Except as otherwise provided in the "Billing Rights Summary" part of your Statements, we are not responsible for any claim CA058_CAA_Fed_Format_April20i1.indd 5 you might have regarding the purchases of goods or services made with your Card. Merchant Refunds. If you are entitled to a refund for goods or services purchased with your Card, you will accept these refunds as credits to the purchase Segment of your Account. We do not control when a merchant sends us your refund. We will also have a reasonable amount of time after we receive your refund to process it. Minimum Payment. Your Statement will provide instructions for making payments, including the amounts due and the due date for receiving your payment. If applicable, your Statement will also include a minimum payment amount. To avoid a late payment Fee, you must pay us at least this minimum payment amount by the due date provided in the Statement. If you exceed your revolving credit limit, we may request a higher minimum payment from you. In addition to the minimum payment, you may pay all or part of the total balances on your Account. However, you must still pay at least the minimum payment amount each month, even if you paid greater than the minimum on the previous Statement. We will continue to charge Interest Charges during Billing Cycles when you carry a balance regardless of whether your Statement includes a minimum payment that is due. If your Account is 180 days past due, part of a bankruptcy proceeding or otherwise charges off, the entire balance is immediately due and payable. Making Payments. Your payments must be in U.S. dollars from a U.S. deposit account and otherwise be acceptable to us. We do not accept cash payments through the mail. You may not make payments with funds from your Account or any other credit account with us or any other company within the Capital One organization. Mailed Payments. You must mail payments to us at the address provided on your Statement or as otherwise instructed by us or our agents. We will credit it to your Account on the day we receive it, if: (1) you send the payment coupon included with your Statement in the same envelope with your payment; (2) you include your Account number on your payment; and (3) your payment arrives at the address indicated on the payment coupon in our processing center by the time indicated on your Statement. If your due date occurs on a day on which we do not receive payments, any payment received the next day which conforms to the above requirements will not be treated as late. Please allow at least 7 days for postal delivery. Unless we or our agents specifically instruct you to remit payment in a different manner, payments received at any other location or in any other form might not be credited for up to 5 days. This might cause you to be charged late payment Fees and additional Interest Charges. Faster Payment Services. We may make services available that allow you to make faster payments through a customer service representative using 4/27111 11:09 AM a telephone, the Internet or other payment system. We will describe the terms for using these services before you use them. You do not have to use these other payment services, and we may charge you a Fee for using them. If we do, we will tell you the amount of the Fee at the time you request the service. We are not responsible if a payment made using our payment services is rejected or not paid. Even if it is, we may still keep the Fee. If you give your Account number or other Account information to someone else to make a payment for you, we may provide Account information to them and process their payment as if you made it. We may refuse to accept any payment made by someone else for your Account. If we accept a payment made by someone else for your Account, you will be responsible for the payment made even if that payment is rejected or not paid. Payment Processing. We may accept and process payments without losing any of our rights. Even if we credit your payment to your Account, we may delay the availability of credit until we confirm that your payment has cleared. We may resubmit and electronically collect returned payments. We may also adjust your Account as necessary to correct errors, to process returned and reversed payments, and to handle similar issues. When you provide an Item as payment, you authorize us either to use information from your Item to make a one time electronic fund transfer from your deposit account or to process the payment as an Item. We will provide additional information about this process on your Statement or other documents we send you before your payment. You may contact us and ask that we not process your future Items in this way. When you provide an Item as payment, it might also be converted into an electronic image and collected and returned electronically. These electronic images may also be converted to substitute checks. We will not be responsible if an Item you provide has physical features that when imaged result in it not being processed as you intended. How We Apply Your Payments. We apply your minimum payments to lower Annual Percentage Rate balances before higher ones. We apply any portion of your payment, in excess of your minimum payment, to higher Annual Percentage Rate balances before lower ones. Items with Restrictive Words, Conditions or Instructions. All Items that have restrictive words, conditions, limitations or special instructions added (including Items marked with the words "Paid in Full" or similar language) and all accompanying communications must be mailed to and received at: Capital One, P.O. Box 30285, Salt Lake City, UT 84130-0285. If you make your payment or send any accompanying communications to any other address, we may accept and process the payment without losing any of our rights. Credit Balances. We may reject and return to you any payment that creates a credit balance on your Account. Any credit balance we allow will not be available until we confirm that your payment has cleared. We may reduce the amount of any credit balance by any new amounts billed to your Account. You may contact us as provided on your Statement and request a refund of any CA058-CAA-Fed-Format-April2011.indd 6 available credit balance. If you contact us in writing, we will refund your credit balance within 7 Business Days from our receipt of your written request. Account Default. We may consider you in default of your Agreement with us if: (1) you do not make any payment when it is due; (2) any payment you make is rejected, not paid or cannot be processed; (3) you exceed, and fail to immediately repay the amount over, your revolving credit line by the following due date; (4) a bankruptcy or other insolvency proceeding is filed by or against you; (5) you die or are legally declared incompetent or incapacitated; (6) we determine that you made a false, incomplete or misleading statement on any of your Account documentation, or you otherwise tried to defraud us; (7) you do not comply with any term of this Agreement or any other agreement with us; or (8) you permanently reside outside the United States. For certain actions, including changing the rates and Fees on your Account, our options appear in our original offer materials when you opened your Account. Remember, paying the Fees charged in connection with a default will not by itself cure the default. In addition, if you are in default, we may take the following actions without notifying you, unless the law says that we must notify you: (1) close or suspend your Account; (2) lower your credit limits; (3) increase your minimum payment, (4) demand that you immediately pay the entire balances owing on your Account (for example, as described in the Minimum Payment section); (5) continue to charge you Interest Charges and Fees as long as your balances remain outstanding; and/or (6) pursue any other action against you that the law allows, which includes the filing of a lawsuit against you. You must pay us all of our collection expenses, attorneys' fees and court costs unless the law does not allow us to collect these amounts. Communications. We may contact you from time to tirne regarding your Account. We may contact you in any manner we choose unless the law says that we cannot. For example, we may: (1) contact you by mail, telephone, email, fax, recorded message, text message or personal visit; (2) contact you using an automated dialing or similar device ('Autodialer"); (3) contact you at your home and at your place of employment; (4) contact you on your mobile telephone; (5) contact you at any time, including weekends and holidays; (6) contact you with any frequency; (7) leave prerecorded and other messages on your answering machine/service and with others; and (8) identify ourselves, your relationship with us and our purpose for contacting you even if others might hear or read it. Our contacts with you about your Account are not unsolicited and might result from information we obtain from you or others. We may monitor or record any conversation or other 4/27/11 11:09 AM communication with you. Unless the law says we cannot, we may modify or suppress caller ID and similar services and identify ourselves on these services in any manner we choose. When you give us or we obtain your mobile telephone number, we may contact you at this number using an Autodialer and can also leave prerecorded and other messages. We may do these things whether we contact you or you contact us. If you ask us to discuss your Account with someone else, you must provide us with documents that we ask for and that are acceptable to us. Credit Reports. We may provide information about you and the Account to consumer (credit) reporting agencies and others as provided in our Privacy Notices. Information we provide might appear on your and the Authorize Users' credit reports. This could include negative information if you do not comply with the terms of this Agreement. We may obtain and use credit and income information about you from consumer (credit) reporting agencies and others as the law allows. Closing or Suspending Your Account. You may ask us to close your Account by calling or writing us as described on your Statement. Your Statement will provide additional information about this process, and we may also separately provide you with additional details after your request. This might include payment information. If you use your Card or charges post to your Account after you ask us to close it, we may keep it open or reopen it. We may close or suspend your Account and your right to obtain credit from us. We may do this at any time and for any reason, permitted by law, even if you are not in default. A suspension of your Account might be permanent or temporary. If your Account is closed or suspended for any reason, you must stop using your Card. You must also cancel all billing arrangements to the Account. We will not do this for you. If we close or permanently suspend your Account, you must also destroy all Cards. You must still pay us all amounts you owe on the Account, even if they are charged after your Account is closed or suspended. Lost or Stolen Card. You will take reasonable steps to prevent the unauthorized use of your Card and Account. If your Card is lost or stolen or if someone else might be using it without your permission, you must tell us at once. You may tell us by calling the telephone number on the back of your Card or on your Statement or by writing us at the address on your Statement. You will not be responsible for charges made to your Account that are found by us to be unauthorized. If we reimburse your Account for unauthorized charges made using your Card, you will help us investigate, pursue and get reimbursement from the wrongdoer. Your help includes giving us documents that we ask for and that are acceptable to us. Changes to Your Agreement. At any time, we may add, delete or change any term of this Agreement unless the law prohibits us from doing so. We will give you notice of any changes as required by law. If we do notify you of changes, we will send you a separate notice or inform you on your Statement. We may send this notice to you electronically as permitted by law. Our notice will tell you when and how the changes will take effect and describe any rights you have in connection with the changes. Your variable Annual Percentage Rates (if applicable) can go CA058_CAA_Fed_Format_Apri12011.indd 7 up or down as the index for the rate goes up or down. If we increase your Interest Charges for any other reason we will notify you in writing. If we increase your Fees or other terms of your Account we will notify you in writing and inform you of your options in advance, including the right to opt out of some of these changes. We may increase your Interest Charges for new transactions and your Fees after the first year of the Account. Also, if your payment is not received within 60 days after the payment due date, we may increase your Interest Charges and Fees for existing balances and new transactions at any time. We may change any other terms of your Account at any time. The Law that Applies to Your Agreement. We make decisions to grant credit and issue you a Card from our offices in Virginia. This Agreement will be interpreted using Virginia law. Federal law will be used when it applies. You waive any applicable statute of limitations as the law allows. Otherwise, the applicable statute of limitations period for all provisions and purposes under this Agreement (including the right to collect debt) will be the longer period provided by Virginia or the jurisdiction where you live. If any part of this Agreement is found to be unenforceable, the remaining parts will remain in effect. Waiver. We will not lose any of our rights if we delay taking any action for any reason or if we do not notify you. For example, we may waive your Interest Charges or Fees without notifying you and without losing our right to charge them in the future. We may always enforce our rights later and may take other actions not listed in this Agreement if the law allows them. You do not have to receive notice from us of any waiver, delay, demand or dishonor. We may proceed against you before proceeding against someone else. Assignment. This Agreement will be binding on, and benefit, any of your and our successors and assigns. You may not transfer your Account or your Agreement to someone else without our written permission. We may transfer your Account and this Agreement to another company or person without your permission and without prior notice to you. They will take our place under this Agreement. You must pay them and perform all of your obligations to them and not us. If you pay us after you are informed or learn that we have transferred your Account or this Agreement, we can handle your payment in any way we think is reasonable. This includes returning the payment to you or forwarding the payment to the other company or person. Glossary. -'Access Check" means any check we send to you to access your Account. We may also refer to an Access Check as a "convenience check" or a "purchase check." "Account" means your Card Account with us. "Authorized User" means one or more persons who may use the Card but is not responsible for the repayment of the Account. -"Balance Transfer" means a Transfer posted to the purchase Segment of your Account unless otherwise described in your Truth in Lending Disclosures, 4/27/11 11:09 AM -"Billing Cycle" means a period of time that might vary in length but is approximately 30 days. The specific period of time is described on each Statement. However, you will have a Billing Cycle even if a Statement is not required. We will often specify a Billing Cycle by the month in which its closing date occurs as provided on the Statement. For example, a "March Billing Cycle" will have a closing date in March. We may also refer to a Billing Cycle as a "Billing Period." If your Account balance has charged of-, we may switch to quarterly Billing Cycles to your Account. -"Business Day" means any day in which Capital One's offices are open for the processing of payments and credits -"Card" means any Capital One credit Card associated with your Account, which includes all renewals and substitutions. It also means any other access device for your Account we give you that allows you to obtain credit, including any Account number and any Access Check. -"Cash Advance" means using the Card to obtain loans in cash or things we consider cash equivalents. Cash equivalents include wire transfers, travelers' checks, money orders, foreign currency, lottery tickets, gaming chips and wagers. Cash Advances are posted to the Cash Advance Segment of your Account and not to your purchase Segment. -"Fees" means charges imposed on your Account that are not based on the Annual Percentage Rates. -"Interest Charges" means any charges to your.Account based on the application of Annual Percentage Rates. -"Item" means a check, draft, money order or other negotiable instrument you use to pay your Account. This includes any image of these instruments. This does not include an Access Check. -"Payment Card Network" means Visa Inc., MasterCard International incorporated, or any other network provider displayed on the Card. CA058_CAA_Fed_Format-Apd12011.indd 8 -"Segments" means the different parts of your Account we may establish that are subject to unique pricing, grace periods or other terms. We create these parts of your Account for such things as your purchases, Cash Advances and Special Transfers. -"Special Transfer" means a Transfer posted to the Special Transfer Segment of your Account and not to your purchase Segment. -"Statement" means a document or information we provide to you showing Account information including, among other things, transactions made to your Account during a Billing Cycle. We might also refer to your Statement as a "Periodic Statement" or a "Billing Statement." -"Transfers" means balances transferred from other Accounts to this Account and includes Balance Transfers and Special Transfers. -"Truth in Lending Disclosures" means any Account information we provide to you that is required by the federal Truth in Lending Act and Regulation Z. These include your application and solicitation disclosures, Account opening disclosures, subsequent disclosures, Statements and change in terms notices. J 2011 Capital One Capital One is a federally registered service mark. All rights reserved. CapHal f 058 4/27/11 11:09 AM SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson T i. Sheriff t t a :_ f tJ j NtJ% o l trrrt?rt) d Jody S Smith rd 1. .slur; - A,4 8:42 Chief Deputy Richard W Stewart CUM)ERLAND COUNT)" Solicitor P EMN S YLYA N I A Portfolio Recovery Associates, LLC Case Number vs. Lynn Brett 2012-1211 SHERIFF'S RETURN OF SERVICE 02/29/2012 01:18 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on February 29, 2012 at 1318 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Lynn Brett, by making known unto herself personally, at 115 Charlotte Way, Apartment 301, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. HA UTSHALL, DEPUTY SHERIFF COST: $43.00 March 02, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PA,-i r = - CIVIL ACTION - LAW , J 7 PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Boulevard Norfolk VA 23502 , Plaintiff No 2012-1211 Civil . V. - c_, rv - LYNN BRETT r , . 115 CHARLOTTE WAY APT 301 ENOLA PA 17025 Date: Defendant PRAECIPE FOR DEFAULT JUDGMENT Filed on Behalf of Plaintiff Counse record for thi a i ti'j' Robert N. Polas, Jr., Esquire # 201259 Carrie A. Brown, Esquire, #94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 (T) 1-866428-8102 (F) 757-518-0806 Attorneys for Plaintiff at?A 944-w? 0? T1e .? -70909 i his communication is froltl a debt collector is i?ii <ittecnf)t tc? ec?llect d (16(- P - A riy in_f'ona?at.ic?r? t±hi:ai_t?ed bce med t' Or that pLirpose. ?? Dv Department of Defense Manpower Data Center p u:ts as If "i.a t";-2612 x)30633. SCRA 2.1 Status ER-eport Pursuant to Sei'vicetrt mber Civil Relief Act Last Name: BRETT First Name: LYNN Active Duty Status Date May-09-2012 4ct1 r DAy DA 1De4c ?? s d t)-tar:tve 00y [vt k:a sr,?t, S1..4"D'A" ?.- __ ... _. ._ m._ _ .r __ .?..._ ..r...w NA No ( A Tnis response €,"entx l ?inr, cduals' arrive dtdy status haled - the Actiwe Outy Sf,atus Dite Lint Active o'rc?ty rvttrin 361 6nys A A"t,yo Ut.ty Statue Data NA No NA T, s ?asyvnsa rrtlects whoro'•.•t End ??Aj left att tyu duty Status M?hrn .167 days precrfd i tut A. ?..-, tat, . Swn?S €';?ia The f:Membor of Hl01 r Und b'fes Notified of arc".,re Cale-Up to Activo Dwy ui* Aa,,v Cwt, status Date .. NA No _NA Th"ss respwse reflects a'hethef the rndrodual of Nsthor unit has received early notihcat,an to fopu fer active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or hislher unit receiving notification of future orders to report for Active Duty. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 11-56141 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) 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 systerris- The DoD strongly supports the enforcement of the Servicemembers 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 only 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 was on active duty for the active duty status date, 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:;Jw%w.defenselink.mil/faglpislPCOgSLOR.htmi, If you have evidence the person was on active duty for the active duty status date 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.. a SSN, First. Name), you can submit your request again at this Web, site and we will provide a new certificate for that query This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date_ More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense 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 Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (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). 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. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). 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 the SCRA extend beyond the last dates of active duty. Those who could 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 last name, SSN, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Report ID: 9JQTA6C58G