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HomeMy WebLinkAbout13-3277 � a Supreme Court o en nsylvania COEIr"t I O Co mmoIInleas For Prothonotary Use Only: 1 �►1 Cover Sheet J� k Docket No: S� )� County �C 1 The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by lmv or rules of court. Commencement of Action: IE Complaint 0 Writ of Summons 0 Petition Transfer from Another Jurisdiction Declaration of Taking E. C Lead Plaintiff's Name: Lead Defendant's Name: T , C (� Dollar Amount Requested: lwithin arbitration limits Y Are money damages requested? 'X. Yes 0 No check one ) outside arbitration limits O N Is this a Class Action Suit? Yes IX No Is this an MDJAppeal? 0 Yes rx No A Name of Plaintiff/Appellant's Attorney: MICHAEL F. RATCHFORD ESQ. 0 Check here if you have no attorney (are a Self- Represented JPro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional ©Buyer Plaintiff Administrative Agencies Malicious Prosecution _�ebt Collection: Credit Card Board of Assessment ® Motor Vehicle ® Debt Collection: Other Board of Elections E3 Nuisance [3 Dept. of Transportation Premises Liability Statutory Appeal: Other S [3 Product Liability (does not include ® Employment Dispute: E mass tort) 0 Slander/LibeU Defamation Discrimination E3 C 0 Other: Employment Dispute: Other Zoning Board T Other: I ® Other: O MASS TORT El Asbestos N E] Tobacco 3 Toxic Tort -DES ® Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste 0 Ejectment 0 Common Law /Statutory Arbitration B Other: 0 Eminent Domain/Condemnation a Declaratory Judgment D Ground Rent Mandamus El Landlord/Tenant Dispute Non- Domestic Relations © Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial Quo Warranto © Dental Partition Replevin Legal Quiet Title Other: ® Medical ® Other: © Other Professional: Updated 1 /1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL ONE BANK ( USA) , - , ( )� rn F 1 CIVIL ACTION - Q r-1 4851 COX ROAD c�n� GLEN ALLEN, VA 23060 Plaintiff -- � C) e:) VS. NO:/ V t MANDY E FORSTER 425 WOODLAWN LN # 101 : CARLISLE PA 17015 -4362 Defendant NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice to Defend are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 717- 243 -9400 0 s le g 7?a/?� s CL# a92aa 4t a 9 1 tv 6z X t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNNSYLVANIA CAPITAL ONE BANK (USA), N.A. CIVIL ACTION 4851 COX ROAD GLEN ALLEN, VA 23060 Plaintiff vs. NO: MANDY E FORSTER 425 WOODLAWN LN # 101 CARLISLE PA 17015 -4362 Defendant COMPLAINT Plaintiff, CAPITAL ONE BANK (USA), N.A., by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, CAPITAL ONE BANK (USA), N.A., (hereinafter "Plaintiff') is a corporation with a principal place of business located at 4851 COX ROAD GLEN ALLEN, VA 23060. 2. The Defendant MANDY E FORSTER (hereinafter "Defendant ") is an adult individual residing at 425 WOODLAWN LN # 101 CARLISLE PA 17015 -4362. 3. Defendant applied for and received a credit card issued by CAPITAL ONE BANK (USA), N.A. with the account number ending in 0361. 4. Use of the CAPITAL ONE BANK (USA), N.A. credit card was subject to the terms and considerations of the Cardmember Agreement (hereinafter "Agreement "), a copy of which was sent to the Defendant along with the credit card.(See, Cardmember Agreement attached hereto as Exhibit "A. ") 5. Defendant used the CAPITAL ONE BANK (USA), N.A. credit card account number ending in 0361, for purchases, cash advances and /or balance transfers. 6. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 7. The Defendant last made payment on October 3, 2011. 8. The total amount due and owing the Plaintiff is $21,698.92. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $21,698.92 plus costs of suit and any other relief as the Court deems just and appropriate. 4 Res tted , E ire Attorney I.D. Nos.: 6285 120 N. Keyser Av Scranton, PA 18 04 mratchford @eaa -law.com Phone: 800 -503 -1665 Fax: 570 -558 -5511 VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff, CAPITAL ONE BANK (USA), N.A., am fully familiar with the facts set forth in the within Complaint and am authorized to make this Verification on behalf of Plaintiff. I Verify that the facts set forth in the within allegations are true and correct to the best of my knowledge, knowing that any false statements are punishable by law pursuant to 18 C.S.A. 4904. Michaef F. Ratchford, Esqu e i i ITI Ex- i-B i i Capital One® Customer Agreement Welcome to Capital One .0 You may also update some of this information by logging Thank you for opening a credit Card Account with us. This onto your Account on our website or by calling one of our Customer Agreement (`Agreement') contains the terms for representatives at the telephone number provided on your your Capital One credit Card. Statement or on the back of your Card. We may require you to provide additional documents that are acceptable to us to i Some Definitions. verify this information or any changes. We maintain the right The meanings of the terms you see in italics appear in to restrict or close your Account if your information cannot the Glossary Section. To make the Agreement easy be verified or if you do not provide additional information as to understand, we will also use the following personal requested. pronouns: Credit Limits. "You," "your" and "yourself" mean each applicant and co- When you open your Account, you will receive your credit applicant for the Account; any person responsible for paying limits. These will also appear on your Statements. We might I the Account; and anyone You authorize to use, access or also refer to your credit limits as your credit lines. We may give service the Account. It also includes an Authorized User as you different credit limits for the different Segments of your defined in the Glossary Section. Account. For example, you might have a different credit limit !_ "We," "us," "our" and "Capital One" mean Capital One for purchases than for Cash Advances. Bank (USA), National Association; and its agents, authorized representatives, successors, and assignees. You are responsible for keeping track of your Account balances and your available credit limits. Do not allow Account Documents. your Account to go over any credit limit even if you have Your Account with us is governed by the following authorized us to charge you an overlimit Fee for doing so, f documents: as described in the Interest Charges and Fees section. We may still honor transactions above your credit limits, but our (1) this document; honoring of these transactions will not increase your credit I (2) all Statements; limit. (3) all rewards information and documentation if your Account has rewards; We may also increase, decrease, restrict or cancel your credit (4) an Privacy Notices describing our limitations on sharing limit on any Segment at any time. This will not affect your information about you with others; obligation to pay us. (5) your Card benefits brochure which describes benefits 1 provided by the Payment Card Network for your Card and Using Your Account. Account. The most current version of your Card benefits You promise to follow the terms of this Agreement as long I brochure will replace all prior versions; as your Account remains open or has a balance. Please sign (6) the "Security" Agreement if you have a secured Card; the Card immediately when you receive it. The Card is valid (7) all disclosures and materials provided to you before during the dates provided on the front. The Card is our or when you opened your Account, including Truth in property, and you will return it to us or destroy it if we ask. Lending Disclosures; You will take reasonable steps to prevent the unauthorized (8) all other documents and disclosures relating to your use of your Card and Account. Account including those provided online; and (9) any future changes we make to any of the above things. We are not responsible if anyone refuses to accept your Card for any reason. Also, we may reject any transaction for Please read these carefully and keep them for future any reason. Unless we tell you otherwise, we will bill each reference. An image of any of these can be used instead of transaction to the applicable Segment of your Account and the original. apply it against your available credit limit for the Account and Card for that Segment in each Billing Cycle. New Offers. in the future, we might make new offers to you or forward You may also obtain Cash Advances and Transfers if they are offers from others that we think you might be interested permitted for your Account. Unless we agree, you may not i in. These offers may have new or different terms and use a Transfer to transfer amounts from other Accounts with documentation for these offers will be provided when we us or any other company within the Capital One organization. make you the offer. If you accept the offer, your previously x disclosed terms will still apply except as modified by the offer. You must not use, or try to use, the Card for any Internet gambling transactions or transactions that are illegal or not Account Information. permitted by us. You will still be responsible if you do. In We need information about you to manage your Account. addition, these transactions will be subject to this Agreement, The information we need includes: and you might have to reimburse the Payment Card Network and us for all damages and expenses. (1) your legal name; (2) a valid U.S. mailing address and residential address (if From time to time, due to circumstances beyond our control different); (such as system failures, fires, floods, natural disasters or other (3) your date of birth; unpredictable events) our services might be unavailable. When (4) your social security number or other government this happens, you might be unable to use your Card or obtain identification number; information about your Account. We will not be responsible or j (5) your telephone number(s); and liable if this happens. (6) your employment and income information. Rewards. You must tell us when this information changes. Please update Your Account might provide you with the opportunity to earn j your address in the manner provided on your Statement. rewards. If it does, we will separately provide you with all information and terms about your rewards. We will include your request, we will need certain information about the ` on your Statements all rewards you have earned. It might Authorized User to manage your Account. This will be the take up to two Billing Cycles for your earned rewards to same information you provided about yourself as described appear on yo u r Statemen t. in the Account Information Section. We may limit an Authorized User's ability to initiate certain transactions. If we Using Your Access Checks, do, we will tell you about these limitations before adding any When we provide you with Access Checks, we will tell you new Authorized User on your Account, whether we will treat them as purchases, Balance Transfers, Cash Advances or Special Transfers. Once we add an Authorized User to your Account, we may discuss your Account with them and provide them Only the person we designate may use Access Checks. Access with Account information. You will be responsible for the Checks may not be used to pay any amount you owe us or Authorized User's use of the Card and your Account as well any other company within the Capital One organization. We as anyone else the allow to use your Card or Account. This may reject and not pay any Access Check for any reason. will be true even if did not want, or agree to, the use. Sorne examples of reasons why we may reject and not pay include: your Account is delinquent, charged -off, bankrupt, Removing an Authorized User. lost/stolen or closed; our fraud system prevents the offer If you want to remove an Authorized User from the Account, I fulfillment; your Account is overlimit; or the checks have you must contact us as provided on your Statement and expired. Any liability for our wrongful dishonor of an Access request their removal. We will have a reasonable amount of Check will be limited to your actual damages and will not time after your request to research the situation and remove exceed the amount of the Access Check. them. You also must immediately destroy all Cards in their possession and cancel all of their billing arrangements to When you use an Access Check, you will have fewer rights to the Account. We will not do this for you. During this time, dispute merchant transactions than with other uses of your you still will be responsible for all amounts they charge to the Card. Please see the "billing Rights Summary" part of your Account. You will be responsible even if these amounts do not Statement and your other Truth in Lending Disclosures for appear on the Account until later. An Authorized User may more information. remove themselves from the Account upon request. Stopping Payment of Access Checks. We may close your existing Account and /or issue a new Card You may request a stop payment on any Access Check by with a new Account number. contacting us as provided on your Statement. We may charge you a Fee to stop payment as described in the Interest Your Promise to Pay. Charges and Fees section. If you call us to stop payment, you You promise individually and jointly to pay us all amounts due must also send to us a written request within 14 calendar days. on your Account. This includes amounts where you did not sign a purchase slip or other documents for the transaction. s We will have a reasonable amount of time after your stop If you use your Card number without presenting your actual payment request to research the situation and complete it. Card (such as for mail, telephone or Internet purchases), We will not be responsible if we cannot complete the stop this will be treated the same way as if you used the Card payment because the Access Check was already paid, you do in person. If you let someone else use your Card, you are not give us the information we asked for or the information responsible for all transactions that person makes. Your I you gave us was incorrect. If we cannot stop payment for promise to pay us will apply to your estate if you die. I these reasons, we may still keep the stop payment Fee. Statements. Once we complete a stop payment, we do not have to release We will send you one Statement for all Cards on your the stop payment order unless the same person asks us to. Account unless the law does not require or permit us to If we re- credit your Account after paying an Access Check send a Statement. Statements will be sent at the end of following a valid stop payment order, you give us all of your each Billing Cycle when your Account has a debit or credit 4 rights against the payee or other holder of the paid Access balance of more than $1.00, or if we have charged any Check. You also agree to help us in any actions we might Interest Charges to your Account. Your Statement will show later take against that person. all transactions billed to your Account during the Billing Cycle along with other important Account information. Using a PIN. We may give you a personal identification number (PIN). For Disputed Transactions. security reasons, you might have to provide the PIN before You must inspect each Statement you receive and tell us you are able to complete some transactions using the Card. about any errors or questions you have as described in the "Billing Rights Summary" part of your Statement and With a PIN, you may use your Card to: (1) obtain cash other Truth in Lending Disclosures. If you do not notify us from certain automated teller machines (ATM) or (2) make as provided in those disclosures, we may assume that all i purchases at certain merchant or retailer paint -of -sale devices information in the Statement is correct. (POS). You may do these things if the ATM or POS requires entry of a PIN and displays the logo of the Payment Card If you dispute a transaction made by you or someone else on Network on your Card. We will treat all ATM transactions as your Account, and we later credit your Account for all or part Cash Advances and all POS transactions as purchases. of the disputed amount, you give us all of your rights against that other person. You also will: 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 (1) give us any merchandise or other purchases you received believe that someone has gained unauthorized access to your in connection with the disputed amount if we ask; PIN, you must contact us immediately. (2) not pursue any claim or reimbursement from the merchant and that other person; and Authorized Users. (3) help us pursue and get reimbursement from the merchant You may ask us to add one or more Authorized Users and that other person; your help includes giving us with additional Cards on your Account. If we agree to documents that we ask for and that are acceptable to us. Interest Charges and Fees. Merchant Refunds. We will charge Interest Charges and Fees to your Account as If you are entitled to a refund for goods or services purchased disclosed to you in your Statements and other Truth in Lending with your Card, you will accept these refunds as credits to the Disclosures. In general, Interest Charges begin to accrue from purchase Segment of your Account. We do not control when a the day a transaction occurs. However, we will not charge you merchant sends us your refund. We will also have a reasonable interest on any new balances posted to the purchase Segment amount of time after we receive your refund to process it. of your Account provided you have paid your previous balance in full by the due date. Minimum Payment. We will treat the following Fees as purchase transactions unless Your Statement will provide instructions for making payments, otherwise specified below. These Fees apply to your Account including the amounts due and the due date for receiving only if they are provided in your Truth in Lending Disclosures. your payment. If applicable, your Statement will also include a We may increase your Interest Charges and Fees as described in minimum payment amount. To avoid a late payment Fee, you the Changes to Your Agreement section or in your Truth in must pay us at least this minimum payment amount by the due Lending Disclosures. date provided in the Statement. If you have agreed to incur Fees for going over your credit limit, be aware that paying only the • Membership Fee. We may charge you this Fee as early as minimum payment amount might not be enough to avoid an your first Billing Cycle or the first Billing Cycle after this Fee overlimit Fee. becomes effective. If it is an annual Fee, we may then charge In addition to the minimum payment, you may pay all or part it approximately once per year. If it is a monthly Fee, we may of the total balances on your Account. However, you must still _ charge it once in each Billing Cycle. This Fee is payable in pay at least the minimum payment amount each month, even if advance even if you do not use your Account. you paid greater than the minimum on the previous Statement, We will continue to charge Interest Charges during Billing Cycles • Late Pavment Fee. We may charge you this Fee if we do not when you carry a balance regardless of whether your Statement receive your payment in time for us to credit it'by the due date includes a minimum payment that is due. If your Account is 180 shown on your Statement. days past due, part of a bankruptcy proceeding or otherwise charges off, the entire balance is immediately due and payable. • Overlimit Fee. If you agree, we may charge you this Fee when a transaction causes you to go over or remain over any of your Making Payments. credit limits during any Billing Cycle. We may also charge you Your payments must be in U.S. dollars from a U.S deposit two additional Fees if your balance remains over your credit account and otherwise be acceptable to us. We do not accept I limits as of the payment due date in future Billing Cycles. You cash payments through the mail. You may not make payments will only pay one Fee per Billing Cycle, even if you go over your with funds from your Account or any other credit account with limit multiple times in the same cycle. us or any other company within the Capital One organization. • Returned Payment Fee. We may charge you this Fee each time Mailed Payments. any payment you make to us is not paid by your financial You must mail payments to us at the address provided on your institution for any reason, even if that institution later pays it. Statement or as otherwise instructed by us or our agents. We ! will credit it to your Account on the day we receive it, if: • Returned Access Check Fee. We may charge you this Fee if we do not pay an Access Check for any reason, including when (1) you send the payment coupon included with your Statement your Account is in default, overlimit, suspended or closed. in the same envelope with your payment; s • Stop Payment Fee. We may charge you this Fee each time you (2) you include your Account number on your payment; and request us to stop payment on an Access Check or you renew an existing stop payment order as provided in the Stopping (3) your payment arrives at the address indicated on the Payment of Access Checks section. payment coupon in our processing center by the time indicated on your Statement. j • Copying Fee. We may charge you a per-page Fee for copies of transaction documents or Statements unless they are required If your due date occurs on a day on which we do not receive in resolving a billing dispute. payments, any payment received the next day which conforms to the above requirements will not be treated as late. • Cash Advance Fee. We may charge you this Fee each time you obtain a Cash Advance. This Fee will be treated as a Cash Please allow at least 7 days for postal delivery. Unless we or our Advance transaction. agents specifically instruct you to remit payment in a different manner, payments received at any other location or in any other • Transfer Fee. We may charge you this Fee each time you form might not be credited for up to 5 days. This might cause ! obtain a Transfer. This Fee will be treated either as a Special you to be charged late payment Fees and additional Interest Transfer or purchase transaction depending on the Segment in Charges. which the Transfer posts. Faster Payment Services. Transactions Made in Foreign Currencies. We may make services available that allow you to make faster If you make a transaction in a foreign currency, the Payment payments through a customer service representative using Card Network will convert it into a U.S. dollar amount. a telephone, the Internet or other payment system. We will The Payment Card Network will use its currency conversion describe the terms for using these services before you use them . procedures in effect when it processes the transaction. The conversion rate in effect on the processing date might differ You ch arge you a Fee for using them. If we do, we will tell not have to use these other payment services, and we P 9 9 may charge from the rate in effect on the transaction or posting date. We you the amount of the Fee at the time you request the service. do not currently adjust the currency exchange rate or charge any We are not responsible if a payment made using our payment additional currency conversion Fees. services is rejected or not paid. Even if it is, we may still keep the No Warranties. Fee. Except as otherwise provided in the "Billing Rights Summary" if you give your Account number or other Account information part of your Statements, we are not responsible for any claim to someone else to make a payment for you, we may provide you might have regarding the purchases of goods or services Account information to them and process their payment as if s made with your Card. I you made it. We may refuse to accept any payment made by (6) we determine that you made a false, incomplete someone else for your Account. If we accept a payment made or misleading statement on any of your Account by someone else for your Account, you will be responsible documentation, or you otherwise tried to defraud us; for the payment made even if that payment is rejected or not (7) you do not comply with any term of this Agreement or € paid. any other agreement with us; or I Payment Processing. (8) you permanently reside outside the United States. We may accept and process payments without losing For certain actions, including changing the rates and Fees any of our rights. Even if we credit your payment to your on your Account, our options appear in our original offer Account, we may delay the availability of credit until we materials when you opened your Account. Remember, paying confirm that your payment has cleared. We may resubmit the Fees charged in connection with a default will not by itself and electronically collect returned payments. We may also cure the default. In addition, if you are in default, we may take adjust your Account as necessary to correct errors, to process the following actions without notifying you, unless the law says returned and reversed payments, and to handle similar issues. that we must notify you: When you provide an Item as payment, you authorize us (1) close or suspend your Account; either to use information from your Item to make a one time (2) lower your credit limits; electronic fund transfer from your deposit account or to (3) increase your minimum payment; process the payment as an Item. We will provide additional (4) demand that you immediately pay the entire balances information about this process on your Statement or other owing on your Account (for example, as described in the documents we send you before your payment. You may Minimum Payment section); contact us and ask that we not process your future Items in (5) continue to charge you Interest Charges and Fees as long this way, as your balances remain outstanding; and /or (6) pursue any other action against you that the law allows, ` When you provide an Item as payment, it might also be which includes the filing of a lawsuit against you. l converted into an electronic image and collected and returned You must pay us all of our collection expenses, attorneys' fees i electronically. These electronic images may also be converted and court costs unless the law does not allow us to collect to substitute checks. We will not be responsible if an Item you these amounts. provide has physical features that when imaged result in it not being processed as you intended, Communications. We may contact you from time to time regarding your How We Apply Your Payments. Account. We may contact you in any manner we choose unless We apply your minimum payments to lower Annual the law says that we cannot. For example, we may: Percentage Rate balances before higher ones, We apply any portion of your payment, in excess of your minimum (1) contact you by mail, telephone, email, fax, recorded payment, to higher Annual Percentage Rate balances before message, text message or personal visit; lower ones. (2) contact you using an automated dialing or similar device ('Autodialer "); Items with Restrictive Words, Conditions (3) contact you at your home and at your place of or Instructions. employment; I All Items that have restrictive words, conditions, limitations (4) contact you on your mobile telephone; or special instructions added (including Items marked (5) contact you at any time, including weekends and holidays; I with the words "Paid in Full" or similar language) and all (6) contact you with any frequency; accompanying communications must be mailed to and (7) leave prerecorded and other messages on your answering received at: Capital One, P.O. Sox 30285, Salt Lake City, machine/service and with others; and UT 84130 -0285. If you make your payment or send any (8) identify ourselves, your relationship with us and our accompanying communications to any other address, we may purpose for contacting you even if others might hear or accept and process the payment without losing any of our read it. rights. Our contacts with you about your Account are not unsolicited Credit Balances. and might result from information we obtain from you or We may reject and return to you any payment that creates a others. We may monitor or record any conversation or other credit balance on your Account. Any credit balance we allow communication with you. Unless the law says we cannot, will not be available until we confirm that your payment has we may modify or suppress caller ID and similar services cleared. We may reduce the amount of any credit balance by and identify ourselves on these services in any manner any new amounts billed to your Account. You may contact us we choose. When you give us or we obtain your mobile as provided on your Statement and request a refund of any telephone number, we may contact you at this number using i available credit balance. If you contact us in writing, we will an Autodialer and can also leave prerecorded and other F refund your credit balance within 7 Business Days from our messages. We may do these things whether we contact you receipt of your written request. or you contact us. Account Default. If you ask us to discuss your Account with someone else, you { We may consider you in default of your Agreement with us if: must provide us with documents that we ask for and that are acceptable to us. (1) you do not make any payment when it is due; (2) any payment you make is rejected, not paid or cannot be Credit Reports. processed; We may provide information about you and the Account to (3) you exceed a credit limit; consumer (credit) reporting agencies and others as provided (4) a bankruptcy or other insolvency proceeding is filed by or in our Privacy Notices. Information we provide might appear j against you; on your and the Authorize Users' credit reports. This could (5) you die or are legally declared incompetent or include negative information if you do not comply with the incapacitated; terms of this Agreement. We may obtain and use credit I j and income information about you from consumer (credit) period for all provisions and purposes under this Agreement reporting agencies and others as the law allows. (including the right to collect debt) will be the longer period provided by Virginia or the jurisdiction where you live. If any Closing or Suspending Your Account. part of this Agreement is found to be unenforceable, the You may ask us to close your Account by calling or writing us remaining parts will remain in effect. j as described on your Statement. Your Statement will provide additional information about this process, and we may also Waiver separately provide you with additional details after your We will not lose any of our rights if we delay taking any request. This might include payment information. If you use action for any reason or if we do not notify you. For example, j your Card or charges post to your Account after you ask us to we may waive your Interest Charges or Fees without notifying close it, we may keep it open or reopen it. you and without losing our right to charge them in the future. We may always enforce our rights later and may take We may close or suspend your Account and your right to other actions not listed in this Agreement if the law allows obtain credit from us. We may do this at any time and for them. You do not have to receive notice from us of any any reason, permitted by law, even if you are not in default. waiver, delay, demand or dishonor. We may proceed against A suspension of your Account might be permanent or you before proceeding against someone else. temporary. Assignment. If your Account is closed or suspended for any reason, you This Agreement will be binding on, and benefit, any of your must stop using your Card. You must also cancel all billing and our successors and assigns. arrangements to the Account. We will not do this for you. If we close or permanently suspend your Account, you must You may not transfer your Account or your Agreement to also destroy all Cards. You must still pay us all amounts you someone else without our written permission. owe on the Account, even if they are charged after your r Account is closed or suspended. We may transfer your Account and this Agreement to another company or person without your permission and Lost or Stolen Card. without prior notice to you. They will take our place under You will take reasonable steps to prevent the unauthorized this Agreement. You must pay them and perform all of your use of your Card and Account. If your Card is lost or obligations to them and not us. If you pay us after you are E stolen or if someone else might be using it without your informed or learn that we have transferred your Account or permission, you must tell us at once. You may tell us by this Agreement, we can handle your payment in any way j calling the telephone number on the back of your Card or we think is reasonable. This includes returning the payment on your Statement or by writing us at the address on your to you or forwarding the payment to the other company or Statement. You will not be responsible for charges made to person. your Account that are found by us to be unauthorized. If we reimburse your Account for unauthorized charges made Glossary. using your Card, you will help us investigate, pursue and *"Access Check" means any check we send to you to access get reimbursement from the wrongdoer. Your help includes your Account. We may also refer to an Access Check as a giving us documents that we ask for and that are acceptable "convenience check" or a "purchase check." to us. -"Account" means your Card Account with us. Changes to Your Agreement. At any time, we may add, delete or change any term of this 'Authorized User" means one or more persons who may Agreement unless the law prohibits us from doing so. We will use the Card but is not responsible for the repayment of the I give you notice of any changes as required by law, If we do Account. notify you of changes, we will send you a separate notice or inform you on your Statement. We may send this notice to -"Balance Transfer" means a Transfer posted to the you electronically as permitted by law. Our notice will tell you purchase Segment of your Account unless otherwise when and how the changes will take effect and describe any described in your Truth in Lending Disclosures. rights you have in connection with the changes. -"Billing Cycle" means a period of time that might vary Your variable Annual Percentage Rates (if applicable) can go in length but is approximately 30 days. The specific period up or down as the index for the rate goes up or down. if we of time is described on each Statement. However, you will increase your Interest Charges for any other reason we will have a Billing Cycle even if a Statement is not required. notify you in writing. If we increase your Fees or other terms We will often specify a Billing Cycle by the month in which of your Account we will notify you in writing and inform you its closing date occurs as provided on the Statement. For. i of your options in advance, including the right to opt out of example, a "March Billing Cycle" will have a closing date some of these changes. in March. We may also refer to a Billing Cycle as a "Billing Period." If your Account balance has charged off, we may We may increase your Interest Charges for new transactions switch to quarterly Billing Cycles to your Account. and your Fees after the first year of the Account. Also, if your payment is not received within 60 days after the payment -"Business Day" means any day in which Capital One's due date, we may increase your Interest Charges and Fees for offices are open for the processing of payments and credits. i existing balances and new transactions at any time. We may j change any other terms of your Account at any time. -"Card" means any Capital One credit Card associated with your Account, which includes all renewals and substitutions. It also The Law that Applies to Your Agreement. means any other access device for your Account we give you We make decisions to grant credit and issue you a Card from that allows you to obtain credit, including any Account number our offices in Virginia. This Agreement will be interpreted using and any Access Check. Virginia law. Federal law will be used when it applies. You waive any applicable statute of limitations as the law -"Cash Advance" means using the Card to obtain loans allows. Otherwise, the applicable statute of limitations in cash or things we consider cash equivalents. Cash i 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. I -"Interest Charges" means any charges to yourAccount 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. F • "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. i -"Special Transfer" means a Transfer posted to the Special Transfer Segment of your Account and not to your purchase Segment. j -"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. i i 2010 C;pptal One pital On.- +s a ieda;lly cgisteed serite mart- ,k rights teYra_d. RV600157 M -99488 BRt 65892 cor amo A i TJ5 I i i i i j SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson -- Shoriff Jody S Smith $; Chief Deputy - 2013 JUN 14 AR Richard w Stewart D}lMBERLAND Q11U1T i Solicitor PENNSYLVANIA Capital One Bank i vs. ( Case Number Mandy E Forster 2013-3277 SHERIFF'S RETURN OF SERVICE 0611012013 03:26 PM-Deputy Tim Black,being duly sworn according to law,served the requested Complaint& Notice by"personally"handing a true copy to a person representing themselves to be the Defendant,to wit:Mandy E Forster at 425 Woodlawn Lane#101, South Middleton, Carlisle, PA 17015. TITI- SLA K, DEPUTY SHERIFF COST. $34.78 SO ANSWERS, June 12, 2013 RONITY R ANDERSON,SH�"F Gp�MU✓1,1 SAS (�VI�'.'" �w� IN THE COURT OFF COUNTY, STATE OF A Plaintiff, CAVW �►� �`�n1L ASE NUMBER: i3,.3P_7 C I�►(,_ cusp, VS. tj%[l Copt C—le,hilen,j a30(oG Defendant'iaS C,r1;51.e ANSWER TO COMPLAINT COMES NOW the Defendant in the above styled cause to answer the Plaintiffs Complaint as follows: e )eA � rn -. :zw rn r�r Wr- rn C z r' c� 5;c= CD � Dated this a G 12013 Respectfully Submitted, ignature of Defendant CERTIFICATE OF SERVICE I,the undersigned,hereby certify that I have served the Plaintiff or its attorney with a copy of this pleading by US mail,postage pre-paid,on this the day of 2013 ;Defend t I am writing this to explain my unfortunate set of circumstances that have caused me and my husband to become delinquent on our bills.We have done everything in our power to make ends meet,but unfortunately we have fallen short and would like you to consider settling this account through Freedom Debt Relief. The main reason that caused us to become late is loss of income.In 2009,my husbands(Joseph Forster) job relocated us to PA from MD and at the time the housing market was poor leaving us with not being able to sell the house in MD for what ii was worth.,The only option we had was to rent it out and purchase another house in PA.The purchase of our house in PA was contingent upon us getting a signed lease for the MD house which was accomplished. -Until recently,we have not been able to get enough rent to cover the MD house mortgage,line of credit for the MD house,and associated rental costs. In addition,we only had one renter which actually stayed for the length of their lease agreement,causing us to cover all associated cost with the MD house(mortgage,equity loan, realtor fees,electric,and sewer)each month the property was vacated while at the same time covering the costs of the PA house. Juggling two houses on a reduced income caused us to fall behind further and further each month to the point where we are now. In addition to the loss of rental income over various months,I had a reduction of self-employment pay which lead me to another job,which I recently also lost.And on a final note,my husband Joseph Forster is a federal government employee who has been denied any further overtime as of Jan 14,2013 (which was once available and used)due to the current fiscal issues faced by the nation's capital and the direction provided by the highest US government officials. In addition,my husband Joseph Forster is being furloughed due to our nation's fiscal issues which will be resulting in another 20%reduction in pay. The loss of income,thankfully,has been since addressed by a few ways.First,we worked with our mortgage company to get a home modification loan for both our MD and PA house which lowered the payments recently which now allows us to pay all the bills associated with the MD house and for the first time our renters seem established in the community causing them to recently sign another one year lease for the property.We have also been working with a debt relief company(Freedom Debt Relief)for the last 20 months to resolve other debt that occurred as a result of juggling two properties.This is a four year program.All credit lines associated with this plan have been closed and being paid down per negotiated settlements through Freedom Debt Relief.No other credit lines have been opened since enrollment in this program.We also withdrew retirement savings to catch up on behind bills. Finally,we have cut numerous expenses and are watching eery penny that is spent. We feel that a settlement on this account would benefit us and get us back on track.We would appreciate it if you can work with us through Freedom Debt Relief to come to a settlement on this account. Due to the above history, I(along with my spouse Joseph Forster) have been working with a debt reduction company named Freedom Debt Relief since around October 2011. My husband and I started the program with Freedom Debt Relief with 20 accounts to be resolved(including the subject account with Capital One),and to this date Freedom Debt Relief has resolved/came to settlement on 11 and are in negotiations with the rest(including Capital One and it's attorney Michael F. Ratchford for the subject account)to agree on a settlemen All accounts under the Freedom Debt Relief program were cancelled immediately once I was enrolled in the program. I have confirmed with Freedom Debt Relief that they Enclosure(1) are currently in contact with Michael F. Ratchford,attorney for Plaintiff, Capital One Bank(USA), N.A., in attempts to resolve the subject account. I was unaware that there were issues resolving this account until I received the"Notice to Defend"on 10 June 2013 around 1500 as my Freedom Debt Relief account stated that they were in "active negotiations"with Capital One to resolve this account. Furthermore, I didn't think there was going to be an issue resolving this account as Capital One Bank(USA), N.A. recently came to a settlement agreement with Freedom Debt Relief for my husbands(Joseph Forster) account which had nearly the same balance as mine and could not imagine why this one would be different. As I have detailed above,we have done everything in our power to resolve our debt. Freedom Debt Relief has been working with our creditors to agree on settlements with the goal to have all settlements paid off by the end of 2015.This is basically our only avenue left to settle on our debt without filing for bankruptcy which will not help anyone. I truly hope that you will consider working with us and we are anxious to get this settled. Enclosure(1)