HomeMy WebLinkAbout12-3444' Robert N. Polas, Jr., Esquire PA Bar # 201259
Carrie A. Brown, Esquire PA Bar # 94055
Portfolio Recovery Associates, LLC
140 Corporate Blvd.
Norfolk, VA 23502 ii
I i
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
140 Corporate Blvd.
Norfolk, VA 23502
V.
MARCIA A KREISER
920 N FRONT ST APT 5
LEMOYNE PA 17043
ASSOCIATES, LLC
Plaintiff
Defendant
NOTICE
No. Z-3q Ll 4 CiW
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.
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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. :
MARCIA A KREISER
920 N FRONT ST APT 5
LEMOYNE PA 17043
Defendant
NOTICIA
USTED HA SIDO DEMANDADO/ A EN LA CORTE. Si usted desea defender conta la demands 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 par Demandante. usted puede perder dinero o propiedad o otros derechos importante para usted.
USTED DEBE LLEVAR ESTE PAVEL A SU ABOGADO ENSGUIDA. SI USTED NO TIENE UN
ABOGADO, VAYA O LAMME POR TELEFONO LA OFICINA FUADA 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
This communication is from a debt collector at'td is an attempt to collect a debt.
Arty information obtained will be used ?l(.)r that purpose.
Robert N. Polas, Jr., Esquire PA Bar # 201259
Carrie Brown, Esquire PA Bar # 94055
Portfolio Recovery Associates, LLC
140 Corporate Blvd.
Norfolk, VA. 23502
TELE: 1-866-428-8102
FAX: 757-518-0860
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
PORTFOLIO RECOVERY ASSOCIATES, LLC
140 Corporate Blvd.
Norfolk, VA 23502
Plaintiff No.
V.
MARCIA A KREISER
920 N FRONT ST APT 5
LEMOYNE PA 17043
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 MARCIA A KREISER, is an adult individual with last known address of 920 N
FRONT ST APT 5, LEMOYNE PA 17043.
3. It is averred that Defendant was indebted to CAPITAL ONE BANK N.A. on June 18, 2002 with
account number ************9300 (hereafter referred to as "Account"). A copy of the account
history is attached here to and collectively marked as Exhibit "A."
By using the Account, Defendant agreed to repay any incurred balances and/or charges made to the
Account pursuant to the terms and conditions governing said Account. Failure to pay Defendant's
incurred charges on the Account is considered a default.
At all relevant times material hereto, Defendant has used said Account for the purchase of
products, goods and/or for obtaining services.
This cotntnunication is fiom a debt collector and is ati attempt to collect a debt.
?rty information obtahicd will be used for that purpose.
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.
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 December 4, 2010.
8. Plaintiff is the purchaser, assignee and/or successor in interest CAPITAL ONE BANK N.A. and
Plaintiff is now the holder of the Account. A true and correct copy of the affidavit is attached
hereto and collectively marked as Exhibit "A."
9. As of the date within Complaint, the remaining balance due, owing and unpaid on Defendant's
Account, as a result of Defendant and/or any authorized user's use of said Account is in the sum of
$1,138.15.
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, MARCIA A KREISER, in the amount of $1,138.15, plus costs of this action and any
other relief as the Court deems just and reasonabl
Robert N. Polas Jr., Esquire # 201259
Carrie A. Brown, Esquire # 94055
11-78569
This coinn7Lill ication is from a debt collector ant] is an attempt to collect a debt.
Ariv infonnation obtained will be used tier that purpose.
VERIFICATION
The undersigned Custodian of Records for Portfolio Recovery Associates, LLC,
Mary L. Moore _ 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 : APP 2 Q 2012
11-78569
B :
1?V ry r once
Custodian of Records
This communication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.
EXHIBIT A
This communication is from a debt collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.
PORTFOLIO RECOVERY ASSOCIATES, LLC
140 Corporate Boulevard
Norfolk, Virginia 23502
Telephone: 1-866-428-8102
Fax: 1-757-518-0860
Statement of Account
Account: ************9300
MARCIA A KREISER
Account Holder:
MARCIA A KREISER
920 N FRONT ST APT 5
LEMOYNE PA 17043
Consumer Account Product Code: MC
Issuer: CAPITAL ONE BANK N.A.
Assignee: Portfolio Recovery Associates, LLC
Account Number: ************9300
Date Account Opened: June 18, 2002
Date of Last Payment: December 4, 2010
Date of Charge Off: July 14, 2011
Balance at Purchase: $1,154.81
Purchase Date: August 15, 2011
Balance at Charge-Off: $1,138.15
Less Payments: $.00
Balance Due: $1,138.15
11-78569
CAPM04
This communication is from a collector and is an attempt to collect a debt.
Any information obtained will be used for that purpose.
AFFIDAVIT
State of Virginia
City of Norfolk ss.
I, the undersigned, Mary L. Moore
depose, affirm and state as follows:
Custodian of Records, for Portfolio Recovery Associates, LLC hereby
I am competent to testify to the matters contained herein.
2. I am an authorized employee of Portfolio Recovery Associates, LLC, ("Account Assignee") which is doing
business at Riverside Commerce Center, 140 Corporate Boulevard, Norfolk, Virginia. I am familiar with the policies and
practices, as well as the books and records of Account Assignee with respect to the matters stated herein. This affidavit is
based upon my personal knowledge of Account Assignee's record keeping system and my review of Account Assignee's
records, including a review of the business records transferred to Account Assignee from CAPITAL ONE BANK N.A.
("Account Seller"), which have become a part of and have integrated into Account Assignee's business records, in the
ordinary course of business.
3. According to the business records, which are maintained in the ordinary course of business, the account, and all
proceeds of the account are now owned by the Account Assignee, all of the Account Seller's interest in such account
having been sold, assigned and transferred by the Account Seller on August 15, 2011. Further, the Account Assignee has
been assigned all of the Account Seller's power and authority to do and perform all acts necessary for the settlement,
satisfaction, compromise, collection or adjustment of said account, and the Account Seller has retained no further interest
in said account or the proceeds thereof, for any purpose whatsoever.
4. According to the records transferred to the Account Assignee from Account Seller, and maintained in the ordinary
course of business by the Account Assignee, there was due and payable from MARCIA A KREISER ("Debtor") to the
Account Seller the sum of $1,138.15 with the respect to account number (************9300), as of July 14, 2011 with
there being no known un-credited payments, counterclaims or offsets against the said debt as of the date of the sale.
5. According to the records of said Account Assignee, after all known payments, counterclaims, and/or setoffs
occurring subsequent to the date of sale, Account Assignee claims the sum of $1,138.15 as due and owing as of the date of
this affidavit.
Recovery Associates, LLC
Custodian of Records
APR 2 0 2012
to before me on 4 92012
N Public Ayiesha Commonwealth N. of King
Virginia
Notary Public
11-78569
) L(V Commission No. 7509711
MY Commission Expires 05/31/2015
..This communication is from a debt collector and is an attempt to collect a debt.
Any inforniation obtained will be used for that purpose.
Ca, i One, N.A. 15000 hm on, V l One Drive
Richmond, VA 23238
Bank
Exhibit 1 to
Forward Flow Receivable Sale Agreement dated June 30th, 2010
BILL OF SALE
Closing Date: August 15, 2011
Capital One Bank (USA), National Association ("Seller"), in consideration of a Purchase
Price of $. i 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 20110608.PS56CP.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 30th, 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 August 10, 2011. The aggregate Unpaid Balance of
the Accounts as of the Cutoff Date was $ --
CAPITAL ONE BANK (USA),
NATIONAL ASSOCIATION
By:
Nam • onathan Stalls
Title: SVP
C44 A" 0 #
501343
Your account works differently now
that you`re 7 payments late.
Please see the next page for important account information.
.-.............. - ......
Pagel of 2 1-800-258-9319
--- -- - -- - - - --`
www.capitalone.com/solutions Jun. 14-Jul. 13, 2011 30 Days in Billing Cycle
1 IMPORTANT ACCOUNT UPDATES
Platinum MasterCard 9300 your full balance is due. An ent ou make will reduce our balance and hel
YAaI`m Y Y ppay off
NEW BALANCE PAYMENT DUE DUE DATE yourde6tfaster.lheamount}rouowemaydiNerrfyou'veenteredinto aseparatepayment
i agreerrent.
$1,138.15 $1,138.15 PAST DUE
! Available Credit 50.00 I
Previous Balance Payments and Credits Fees and Interest Charged
51,085.29 - 50.00 + 552.86 }
TRANSACTIONS
PAYMENTS, CREDITS & ADJUSTMENTS FOR MARCIAA KREISER #9300
FEES
`- 1 1' ILL PAST DUE FEE $35.00
Total Fees This Period $35.00
Total Fees This Year $231.00
INTEREST CHARGED
INTEREST CHARCE PURCHASES 517.86
Total Interest This Period 517.86
Total Interest This Year $108.82
Transactions New Balance
50.00 ---\I - ? 51,138.15 -,
Help is Available.
Just pick up the phone.
Call 1-800-2S8-9319 and a specially trained agent will
be happy to help you check your balance and make payments.
INTEREST CHARGE CALCULATION
Your Annual Percentage Rate (APR) s the annual interest rate on your account.
Type of Balance Annual Percentage Balance Subject to Interest Charge
Rate (APR) Interest Rate
Purchases', 19.80% 51,097.37 51i 86
gash24.90;6 D 50.00 SO 00
PLEASE RETURN PORTION BELOW WITH PAYMENT OR LOG ON TO V MN.CAPITALONE.COM/SOLUTIONS TO MAKE YOUR PAYMENT ONLINE.
Account Number: 300
Due Date New Balance Amount Enclosed
Past Due $1,138.15
300
Manage your
account online.
Visit www.capitalone.com/solutions to manage
your account online. Have information at your
fingertips 24/7 without picking up the phone.
4crooaa
MARCSA A KRETSER
920 N FRONT ST APT 5
LEMOYNE, PA 17043-1036
111.111111.1III,1111111' 1' 1-PIIPP1IIII I -III[IIIIhllIll.III
Capital One Bank (USA), N.A.
P.0 Box 71D83
Charlotte, NC 28272-1083
nIIIIlrlnrrn111rhrI1lPll^IInlPrllrldlirllr?llhllll?hll
Please make checks payable to Capital One Bank (USA), N.A. and mail with this coupon in the enclosed envelope.
lkow can i avoid paying Interact Chargas7 Each month you pay your 'New Balance" in full,
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) oche,- charges. If you have been
raying your account in full with no interest charges applied and you do not pay your next bill
u fu !I, prorated interest charges will be assessed. There is no grace period on cash advances,
S'K'A! transfers, or on any rew transaction when there is an unpaid balance from a previous
bill
Row is the Interest charge appiieci7 Interest charges accrue from the 1) date of the
transaction, 2) date the transaction is processed or 3) first calendar day of the billing period
Interest charges accrue on erery unpaid amount until it is paid in fun This means you may owe
merest charges even if you pay the entire -New Balance- one month, but did not do sofor the
previous month. Unpaid interest charges are added to the proper segment of your Account.
rowayer, we reserve the right to not assess interest charges at any time.
Do you assess a Minimum Interest Char(R? Yes. A minimum INTEREST CHARGE of 50.50 will
be assessed for each billing period your account is subject to an interest charge
crow did you Calculate the Interest Charge? There are several calculations that are used to
determne your total interest charge. 1. To get your Daily Balance: For each segment, 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.
The result is the daily balance for each segment. However, if you paid your previous month's
ca!ance in full (or if your balance was zero or a credit amount), new transactions which post to
your purchase or speual purchase segments are not added to the daily balances. Also,
can=.jctions that are subject to a grace period are not added to the daily balances. 2. To find
your Average Daily Balance. 1) add the daily balances together and 2) divide the sum by the
umber of days in the billing cycle. 3 Estimate your Total Interest Charge 1) multiply your
average daily balance by the daily periodic rate and 2) multiply the result by the number of days
'.n the billing period. NOTE Due to rounding or a minimum interest charge, this calculation may
vary from the interest charge actually assessed.
Is the. "Payment Due" a Payoff Amount? No. All stated amounts are owed on the date of the
statement. However, because interest, late charges and other charges might change from day
to day as provided in your customer agreement, the amount due on the day you pay may be
larger For example, it you pay the amount stated in this statement, your account might still
have a balance after your payment is received. Also note that the amount you owe may differ 6
you've entered into a separate payment arrangement. Please call the number on the front of
t'e statement for an exact payoff amount.
How can my variable Annual Percentage Rate L" change? Your APR may increase or
cecrease based on one of seven standard indices reported in The Wall Sbeet7ouma/. To find
which index is used for your account, look for a code (P, L, C, S, D or F) on the front of this
statement next to the APR(s) Then check the table below.
Code next to your When your Annual
Annual Percentage Index which your rates are based on Percentage Rate
Rate (APR) will change
P 111III Quarterly Prime+ margin previously disclosed to you The first day of the
L Quarterly LIBOR+ margin previously disclosed to you billing periods that
G Quarterly GD+ margin previously disclosed to you and in January April,
S !3ankcard Prime + margin previously disclosed to you July and October
D by Prime+ margin previously idis 6etl to you The first day of each
F Monthly LIBOR + margin previously disGosed to you mon[hty billing
G Treasury LIBOR + margin previously disclosed to you period
Are there Additional Fees associated with try account? Yes, under certain orcumstamces,
you may he assessed a Late or Returned Payment Fee. You may also be assessed overlimit fees d
permitted by law. You will also be required to pay all of our actual collection expenses,
Mtormeys' fees and court costs unless the law does not allow us to collect these amounts. we
reserve the right to not assess fees without prior notice and without waiving our right to assess
a similar fee later.
wbat happens if my Account is 5usgended7 we may close or suspend your account and
your right to obtain credit at any time and for any reason, even if you are not in default.
Account suspension can be permanent or temporary. If your account is closed or suspended
ycu must 1) stop using your credit card and account, 2) cancel all automatic payments, 3)
clestloy all credit cards and access checks, and 4) pay all amounts you owe us, even d they were
charged after the account was closed or suspended
How do I Make Payments? Payments you mail us will be credited to your account as of the
business day we receive them, as long as 1) you send the bottom portion of this statement and
your check in the enclosed remittance envelope, and 2) your payment is received in capital
One's processing centers by Spot local time. Pease allow at least seven (7) business days for
mail delivery Mailed Payments received by Capital One at any other beacon or in any other
form may not be credited as of the day they are received.
Do you Process Paper Checks as an Electronic Funds Transfer? When you provide a check as
payment, you authorize us and our agents either to use information from your check to make a
one-time electronic fund transfer from your deposit account or to process the payment as a
check transaction When we use information from your check to make an electronic fund
transil funds may be withdrawn from your deposit account as soon as the same day we
receive your payment and you will not receive your check backfrom yourfinanclal institution.
Your authorization is not limited by the date on the check. We may resubmit and electronically
collect the returned payments
what if I file for Bankruptcy? d you are entitled to bankruptcy protection, this
communication is for information only, it is not an attempt to collect, assess or recover a debt
or claim. Do not send us payments without speaking with your bankruptcy attorney or the
Bankruptcy Court N you have questions about your account or bankruptcy proceeding, please
have your attorney contact us. If you or your attorney would like to contact our bankruptcy
claim s'enrcer directly, please contact. capital one PO Sox 30285 $a t Lake City, UT
84130-0285
BILLING RiGHT5 SUMMARY (Does Not Apply to small Business Accounts)
what to Do If You Think You Find A Mistake on Your Statement: N you think there is an
error on your statement, write to us a t.
Capital One
P O. Box 30285
Salt Lake City, UT 84130-0285
In your letter, give us the following information.
Account information Your name and account number
Dollar amount The dollar amount of the suspected error.
Description of Problem' If you think there is an error on your bill, desionhe what you believe is
wrong and why you believe it is a mistake.
You must contact us within 60 days after the error appeared on your statement.
You must notify us of any potential errors in_w[iting. You may call us or notify us electronically,
but it you do we are not required to investigate any potential errors and you may have to pay
the amount in question.
While we invesngate whether or not there has been an error, the following are true.
We cannot try to collect the amount in question, or report you as delinquent on that amount
The charge in question may remain on your statement, and we may continue to charge you
Interest on that amount. But, d we determine that we made a mistake, you will not have to pay
the amount in question or any interest or other fees related to that amount.
White you do not have to pay the amount in question until we send you a notice about the
outcome of our investigation, you are responsible for the remainder of your balance.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases. If you are dissatisfied
with the goods or services that you have purchased with your credit card, and you have tried in
good faith to correct the problem with the merchant, you may have the right not to pay the
remaining amount due on the purchase. To use this right, all of the following must be true. 1
You must have used your credit card for the purchase. Purchases made with cash advances
from an ATM or with a check that accesses your credit card account do not quaafy, 2. You
must not yet have fully paid for the purchase if all of the criteria above are met and you are
still dissatisfied with the purchase, contact us in writing at.
Capital One
P.O. Box 30285
Salt Lake City, UT 84130-0285
While we investigate, the same rules apply to the disputed amount as discussed above After
we finish our investigation, we will tell you our decision. At that point, 0 we think you we an
am urt and you do not pay we may report you as delinquent
Capital One supports information privacy protection'. see ourwebsne, at vu,vAV capralone. com
Capital one is a federally registered service mark of Capital One Financial Corporation. All rights
reserved lu 2010 capital one
TC-10
0x3111 l
To change or update your address please call 1-800-258-9319 or visit www.crapitalone.com/solutions
200866
Now that your account is 7 payments past due,
the changes detailed below will apply to your account.
Hopefully, these changes will make it easier for you to take control of your finances again.
Capita,
Your balance is still due and you'll be contacted soon to discuss options for resolving your debt.
You are responsible for paying the full balance on your account as well as any associated
collections expenses as provided in your customer agreement, unless the law where you reside does
not allow us to collect such expenses.
If we continue to send you statements, you'll now receive them quarterly instead of monthly. We may
continue to report the status of your account to the credit bureaus, unless prohibited by law. We will
also report when your account is paid off.
Help is available. We understand that it can be challenging to manage your finances. Here are three
important facts about your account that may help make it easier for you to repay your balance:
1) Highest interest balances are paid first: You will no longer be charged past due, over limit, or
membership fees.
2) No more compound interest: Future interest charges will never accrue interest-making it easier
to pay down your debt faster.
3) Regular payments will resolve your debt: Since your interest doesn't compound, making regular
payments will get your balance paid.
Call 1-800-258-9319 to discuss your options. If a third-party agency is already managing your
account, your call will be automatically routed to them. Remember, you can check your balance and
make payments online any time at www.capitalone.com/solutions.
W Help is available. Just pick up the phone.
Call 1-800-258-9319 and a specially trained agent will be happy to help
you check your balance, make a payment and answer any questions you may have.
CD 2011 Gtpital One. Capital One is a federally registered ;rewire murk. All rights reserved.
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.
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 C.'ard. 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 riot 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 Crash 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.
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.
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 acid 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. Y'ou 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 sorneone 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;
(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.
• Returned Access CEheck Fee. We may charge you this Fee if
we do not pay an Access Check for any reason, including
when your Account is in default, overlimit, suspended or
closed.
• 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
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'ime 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:l, 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 rninimum 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 riot
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 rernit 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
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 yourAccount
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 Itcrns 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 riot be available until we confirm that your payment has
cleared. We may reduce the amount of any credit balance by
any nevv amounts billed to your Account. You may contact us
as provided on your Statement and request a refund of any
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, riot 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 vvith 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 time 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
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 arnounts 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
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 frorn
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.
-"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 off, 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.
-"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" rneans 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 L. These include
your application and solicitation disclosures, Account
opening disclosures, subsequent disclosures, Statements
and change in terms notices.
(0 2010 Capital One
Capital One is a federally registered service mark.
All rights reserved.
Capit? "
058
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff n ; t? i r
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
v,,,,ta p{ utrttsrp ?b
l ,???41 r
-JF'' BED ,tLk,t'D t,OUN
PEWISYL`/WilA
Portfolio Recovery Associates, LLC
VS.
Marcia A. Kreiser
Case Number
2012-3444
SHERIFF'S RETURN OF SERVICE
06/04/2012 07:42 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on June 4,
2012 at 1942 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Marcia A. Kreiser, by making known unto herself personally, at 920 N. Front Street,
Apartment 5, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time
handing to her personally the said true and correct copy of the same.
SHERIFF COST: $44.00
June 06, 2012
RYAN BURGETT, DEW --N
SO ANSWERS,
RON R ANDERSON, SHERIFF
(c) CountySuite Sheriff, Teleosoft, Inc.
..~L_~.D-El~~#=tC~ ~~
.~~ ~ lid i'R~TFl~NQTA Y
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION -LAW ~~~~ ~~~ , ~ ~~ 2~
PORTFOLIO RECOVERY ASSOCIATES, LLC
120 Corporate Blvd
Norfolk, VA 23502
Plaintiff
v.
MARCIA A KREISER
920 N FRONT ST APT 5
LEMOYNE PA 17043
Defendant
Date:
°~~~~a-~ couNr~
~~NNSYLVANlA
No. 12-3444 CIVIL
PRAECIPE FOR DEFAULT
JUDGMENT
Filed on Behalf of Plaintiff
Counsel ord for this P y
Robert N. Polas, Jr., Esquire # 201259
Carrie A. Brown, Esquire, #94055
Portfolio Recovery Associates, LLC
120 Corporate Blvd
Norfolk, VA 23502
(T)1-866-428-8102
(F) (757) 518-0860
Attorneys for Plaintiff
This communication is from a debt collector is an attempt to collect a debt.
Any izrforznation obtained will be used for that pzzz~pose.
Q~ ~
Ck~
~a
I Co. S~o~d af~
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IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PA
CIVIL ACTION -LAW
PORTFOLIO RECOVERY ASSOCIATES, LLC
120 Corporate Blvd
Norfolk, VA 23502
Plaintiff No. 12-3444 CIVIL
v.
MARCIA A KRRISER
920 N FRONT ST APT 5
LEMOYNE PA 17043
Defendant
PRAECIPE FOR DEFAULT JUDGMENT
Please enter Judgment in Favor of Plaintiff and against Defendant, MARCIA A KREISER ,for failure to
answer the Complaint.
(X) Amount Due $1,138.15
Less Credits $.00
TOTAL $1,138.15
(X) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the
complaint and is calculable as a sum certain from the complaint.
(X) Pursuant to PA.R.C.P.237 (Notice for Final Judgment or Decree), I certify that a copy of this
praecipe has been mailed to each other party who appeared in the action or to his/her Attorney of
Record.
(X) Pursuant to Pa.R.C.P.231.1, Icertify that a written notice of intention to file this praecipe was
mailed or delivered to the party against whom judgment is to be entered and to his/ ear Attorney of
record, if any, after the default occurred and at least t ys prior to the date t fling of this
praecipe and a copy of the notice is attached. _
Date: ~ ~~ ~ ~ /~
Robert N. Polas, Jr., Esquire # 201259 _
Carrie A. Brown, Esquire, #94055
Portfolio Recovery Associates, LLC
120 Corporate Blvd
Norfolk, VA 23502
(T) 1-866-428-8102
(F) (757) 518-0860
Attorneys for Plaintiff
This communication is from a debt collector is an attempt to collect a debt.
Any information obtained will. be used for that purpose.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION -LAW
PORTFOLIO RECOVERY ASSOCIATES, LLC
120 Corporate Blvd .
Norfolk, VA 23502
Plaintiff No. 12-3444 CIVIL
v.
MARCIA A KREISER .
920 N FRONT ST APT 5
LEMOYNE PA 17043 .
Defendant
NOTICE OF JUDGMENT
(X) Notice is hereby given that a judgment in the above-captioned matter has been entered agalinst you in
the amount of $1,138.15, plus interest, on . ~, ~ ^r
(X) A copy of all documents filed with the Prothonotary in support of t~ ithi
If you have any questions regarding this Notice, please con t filing party.
Date: ~ /i1
Robert N. Polas, Jr., Esquire # 201259
Carne A. Brown, Esquire, #94055
Portfolio Recovery Associates, LLC
120 Corporate Blvd
Norfolk, VA 23502
(T)1-866-428-8102
(F) (757) 518-0860
Attorneys for Plaintiff
This communication is frotal a debt collector is an attctnpt to collect a debt.
Any information. t:~btained will be used }'or thaC l~tupose.
~.. i
PORTFOLIO RECOVERY ASSOCIATES, LLC
Litigation Department
140 Corporate Boulevard Norfolk, VA 23502
Telephone: (866} 428-8102 Fax: (757} 518-0860
Hours of Operation: Monday through Thursday 8 AM to 11 PM, Friday 8 AM to 9 PM,
Saturday 8 AM to 5 PM, Sunday 12 PM to 11 PM (EST)
June 25, 2012
MARCIA A ICREISER
920 N FRONT ST APT 5
LEMOYNE PA 17043
11-78569
RE: PORTFOLIO RECOVERY ASSOCIATES, LLC
VS. MARCIA A KREISER
12-3444 CNIL
Dear MARCIA A ICREISER:
Enclosed herein please find a 10-Day Notice pursuant to Rule 237.1 of the Pennsylvania
Rules of Civil Procedure.
Sincerely,
Robert N. Poles, Jr., Esquire
Carrie A. Brown, Esquire
Attorney ID# 201259/94055
Portfolio Recovery Associates, LLC
140 Corporate Blvd.
Norfolk, VA
Attorneys for Plaintiff
# ~~
This communication is from a debt wllectar is an attempt to collect a debt.
any infonnatinn obtained will he used for that purpose.
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. 12-3444 CIVIL
v.
MARCIA A KREISER
920 N FRONT ST APT 5
LEMOYNE PA 17043
Defendant
T0: MARCIA A KREISER
920 N FRONT ST APT 5
LEMOYNE PA 17043
DATE OF NOTICE: June 25, 2012
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIII~SS 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 HIRWG 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
Robert N. Polas, Jr., Esquire
Carrie A. Brown, Esquire
Attorney ID # 201259/94055
Portfolio Recovery Associates, LLC
140 Corporate Blvd.
Norfolk, Va 23502
Attorneys for Plaintiff
-Chic cotntnunication is from a debt collector is au attempt to culled a debt.
Any inforn~aiion obtained will ba used for that pumase.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
CIVIL ACTION -LAW
PORTFOLIO RECOVERY ASSOCIATES,
LLC
120 Corporate Blvd
Norfolk, VA 23502 No. 12-3444 CNIL
Plaintiff
v.
MARCIA A KREISER
920 N FRONT ST APT 5
LEMOYNE PA 17043
Defendant
AFFIRMATION OF NON-MILITARY SERVICE
The undersigned counsel, as attorney for plaintiff, herein affirms under the penalties of perjury
that I am the Attorney for the Plaintiff in the above-captioned matter, and that to the best of my
knowledge, information and belief, the above named Defendant, is over 21 years of age; is last known to
reside at
920 N FRONT ST APT 5
LEMOYNE PA 17043
and is not in the military service of the United States or its Allies, or otherwise within the provisions of
the Service Members Civil Relief Act and its Amendments.
Date:
11-78569
Robert N. Polas, Jr., Esquire, #2012:
Carrie A. Brown, Esquire, #94055
Portfolio Recovery Associates, LLC
120 Corporate Blvd
Norfolk, VA 23502
(T)1-866-428-8102
(F) (757) 518-0860
Attorneys for Plaintiff
This cornmilnication is a debt collector and is an attempt to collect a debt.
A.ny informatiarl obtained will be used for that purpose.
Department of Defense Manpower Data Center
$apart
~tn~aa~at to 3t~,~cas Cavil Rirlit>rf Act
Last Name: KREISER First Name: MARCIA A
Active Duty Status As Of: Jul-23-2012
fteauib ea d :.A~F23.2012
~ ~ ~ ~
Tf1ia 11ap01W laeaE~ 611 ~IdiM~i~ My' fA I~ ~Mf/ load dl Ala ~1Y~ ~Y a~i ~a,~
NA lVl~ No lJ/t
Thk raapafala rsMcb wfrra' tlu 4kiNdnN N0. adlw dolt aiaMn wMhln 367 dqs pwaailkp fln Acaw Ou1y Sladrp OaM
raA I ~ 1 No I IJA
1 Ttrls repom. raasaea aNnOwr we IndNidual «nw/w udl n.. noaihd «rk noMwaan q nrral4« acdw dirt I 1
Upon searching the dam baMcs of the Dapartrnarrt or Osrenss Manpower Gala Center, based on the InkonnaUon that yoo provided, the above is the st of
the ir~viduei on the active dt>ty amtlrs dam as to aN lxancltes of the Ur4lbrrned Servkxs (Army Navy, Martne Corps. Ak Foroe. NOAH, PubNc Health,
Cowl t3uaM}. This smlua includes ir>•ormsdon on s Servicarrwmbsr or ttasRrer unit rocsivurg ralili~ion of firhiro orders to report /or Active Duty.
N-wr. ~. ,a.~,_~..
Mary M. Srrevely-0ixon, Director
Department or De/ense - Mar-pcwver Dam Center
4800 Mark CerrNer Drive, Sins 04F.25
~~yJ~22950
Tha Defense Manpawet Data Canter tDMDC) b an orgarNZation of the Department of Defense {DoD) Meat mafMdns ttm Deksrras ErxoNrrient and
Reporting 3ystan {DEERS) database which is tha oftk~ai eowtx of data on eNg~iNty for m'd'itary medical cars and other eNgibNity aYatsmS.
The OoD strongly supports the eraforcernent of the Servkxnrombsrs CMN Relief Act (50 U3C App. § S01 et seq, as amended) (SCRA} (tamerty known as
the Sokfiers' and Sailors' ChrN ReNsf Ad of 1940}. DMDC has issued hundreds of Uiousarde of "daa rrot poassss any intormatbn ir-dimsting that the
individual ie currently on aura duty" responses. and has sxperiervcsd ony a amaM emsr rata. M the want tlae individual referertcsd abgw, or any (army
msrtabw, friend, or rspreeerdatlva assorts in any mennar Mael the individual vas on active duty for the active duty status date. of is otlw~wdae entitled to iM
prolsctloras of tM SCRA. You are strong encaaaged to obtain furttrsr vertlicatlora of the parson's status by contactlng that person's Ssyvice via fhe
"defeerraeNrakmil" URI: fatgtJlwww.detiraatink,miUfatypiNPCOBSLDR.hhrd. M you have BvicNr>ce 1M person urea on active duly for iM derive +iuty atatw
dale and you fail 6o abfsin this addNionel Service veriNcstiaa. punitive prravvisions of tl~s SCRA may be irnroked againd you. Sae 30 USG App. § 521(c).
TNa response -eNects the toNowing intorrnation: (1) Ths individual's Active Duty atria an the Ardivs Duty Status DaN (2) Whetlaer tt-s irdividtuA bR Actb
Duty stMus vvitisin 38T days preceding the Adiw Duy 3taha Data (3} YVtaelher the individuM or blather unit reeeiwd eery rvotiNcatla~ b report for active
duty on the Artlva Duty Stsbra Date.
More information on "Active Dury Status"
Active dory status ~ roporbd in this ate is deNraed in acrbrdance with 10 USC § 101(d) { 7 }. Prior b 2010 only some of the swtiva duly periods k
than 30 conseioutlve days ~ length vvsre avaNaWs. to the rase of a member of the tVatlonal Guard, tlMe irrctudes servios under a caN to ~fivs service
autlwrized by the President or the Secrehry of i)afense under 32 USC § S02(Q for pugaoses of rWpordmg to a rtaticnN errNrysrwy declared by the
Presidar-E and supported by federal funds. AN Actlva t3uaM Reserve (AQ#t) rrwrnbers nenK be assigned sgakrst ~ autlmrized mobN~ttion position in
unit d>eY aupparl. This includes Navy Training arx! AdmlNstrrNbn of the Reserves (TARS)„ Marina Carpe Adhre Reserve (ARS) and Coast Guard Rase
Program Admkaiatrelor (t~^As). AdMs Duty stator also appNee to a Unronned Service member who is an active duty commiasionsd oA9csr of the U.S.
Public Fie.Nh service a the Natknal Oceanic and Atnaosptaeric Admkrktratlon (NOAH Canmtssionsd Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the sCRA is broader to some casa+t and irrchadat some categories of persona on active duly for of the SCR/i who wand not
repaMd ~ an Actlvs Dury under ~ certNkxte. SCRA prntectlorts are for TNte 10 and Title 14 sctlve dory -eoorde for aN the Unifomisd Services psria
Title 32 psrioda of Active Duty ors not covered by SGRA, ~ defkasd in aocardance with 10 USG § 101(dxt ).
Many tkraea order ens amended to edarxi tlve period of active duty. vrfak;h would saderd SCRA protectlaaa, Persona seeking to rayon tlais webabe
certidicatkan should chedt to make aura the a~xs on vvMch SCRA protections an based have tort lasso amended b saMnd the kaeJusiYS daNe of serv
Futlsenraors, some proter4foras of the SCRA may eaderd m persona vviso have raeeived orders to rpsoR for adNe duly a to be kduc~ed, but vvtw have
aau~ry begun active duty or actuaNy rsporbsd for inducdcn. The L~ Date on Active Dury entry is irraportent because a raamber of prodsrkions of the S
extend bsyorx! the last dates of active dory.
Tfase who could rely on this arrtiNcats are urged to seek quaNlfed Mgal oouneei to ensure that aN rigFMs guaranteed tp Service rtNrrrbeRS under the
are proter4ed
WARNING: This certiflcab vvae provtrNd based an a lard name. SSN, and ar4ive duty status daM provided by the rer•u+sater. Providkag erroneow
irrfonrwdora wiN cause an srronsora certlNcata io 6e provided.
Report iD; 99SUO9C8G8