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HomeMy WebLinkAbout03-2610BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 26 South Church Street West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff FIRST NORTH AMERICAN NATIONAL BANK IN THE COURT OF COMMON PLEAS 9960 Mayland Drive, Richmond, VA 23233 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. Z NO. p3 - ?btb Co LORI A WEBBER and DANIEL MARTIN WEBBER 317 10th Street, #317, New Cumberland, PA Defendant CIVIL ACTION - LAW COMPLAINT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claim 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. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 2 Liberty Avenue Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 26 South Church Street West Chester, PA 19382 610-696-2120 Attorney for Plaintiff FIRST NORTH AMERICAN NATIONAL BANK 9960 Mayland Drive Richmond, VA 23233 Plaintiff V. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. d3 aVIo &U1l. 1Z&n LORI A WEBBER and DANIEL MARTIN WEBBER 317 10th Street, #317, New Cumberland, PA Defendant CIVIL ACTION - LAW Complaint 1. The plaintiff is First North American National Bank with place of business located at 9960 Mayland Drive, Richmond, Virginia. 2. The defendants areLori A Webber and Daniel Martin Webber, who resides at 317 10th Street, #317, New Cumberland, Cumberland County, Pennsylvania. 3. At the defendants' request, plaintiff issued the defendants a credit card bearing account number 4435489100466715 for the defendants' use in making credit purchases and securing cash advances subject to the terms and conditions governing the use of the credit card. A true and correct copy of the terms and conditions of the account is attached hereto and marked Exhibit A 4. The defendants accepted the credit card and the terms and conditions governing its use for the purchase of goods, merchandise and services and/or for cash advances from vendors who accepted plaintiff's credit card. In using the credit card, the defendants agreed to comply with the terms and conditions governing its use which included the obligation to pay plaintiff for all charges made in full upon receipt of the statement or in installments subject to monthly finance charges. 5. The defendants utilized the credit card by making/obtaining purchases of goods, merchandise and services and/or cash advances from vendors who accepted the credit card. Monthly statements were sent to the defendants which detailed the charges made to the account including finance charges, late and/or, over limit charges. The balance due for the charges made by the defendants including any finance charges, late or over limit charges is $9,306.51. 6. Defendants did not pay the balance due in full upon receipt of the billing statements and failed to make the required minimum monthly payment set forth in the billing statement. As such, defendants are in default of the terms and conditions governing the use of the credit card. 7. Although demand has been made by plaintiff upon defendants to pay the sum of $9,306.51, the defendants failed and refused to pay all or any part thereof. 8. Plaintiff alleges it is entitled to recovery of its attorneys fees from defendants pursuant to the terms and conditions governing the account. Plaintiff seeks recovery of attorneys fees in the sum of $1,861.30. Wherefore, plaintiff demands judgment against the defendants in the sum of $9,306.51, attorneys fees in the sum of $1,861.30 and the costs of this action. BURTON NEIL & ASSOCIATES, P.C. ? BY: Burton Neil, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. ep54 i t PT" FNANB VISA' Agreement With First North American National Bankg 225 Chastain Meadows Court; Kennesaw, GA 30144 (the "Bank") 1. Agreement. We are pleased to open your FNANB VISA' Account. This is a copy of your Agreement with us. Please read it and keep It for you records. 2. Definitions. In this Aareement "Card' means the credit card(s) issue to you under this Agreement The words `we", `us", and 'our' mean th the Bank. 'You', `your" and 'yours' mean each person who opened the Account or to whom a Card was issued. These words also refer to anyone you have authorized to use the Account 'Accourd" means your credit card account established underthis Aareement. 3. Promise to Pay. You promise to pay us, in accordance with the terms of this Agreement, for all purchases and cash advances made under the Account, plus Finance Charges and any other charges due under the terms of this Agreemerd. All payments must be made in U.S. dollars. 4. Purchases or Cash Advances. You can use your Accoum to buy goods or services wherever the Card is honored. You can also use your Account or your Card to get cash advances. You may not use Convenience Checks which access your Account to make paymentser?your Account 5. Credit Limit. You agree that we may establish a credit limit for your Account and that you will not allow the balance of your Account to exceed your credit limit We can honor purchases or cash advances in excess of your credit limit at any time, but the decision is alp to us. If vve do so, this Agreement will cover those purchases and cash advances. Your credit limit and available credit will be shown on each billing statement. You agree that we may change your credit limit at any time. We may establish a separate credit limit for cash advances, which you agree not to exceed. Credit bal- ances do not serve to increase your credit limit 6. Billing Statement. We will send you a billing statement for each billing cycle in which there is an outstanding debit or credit balance of more than $1 in your Account at the end of the billing cycle, or on which a Finance Charge is imposed. 7. Payments; Minimum Payments. You may pay all or part of your Account balance at any time. You must pay at least the Minimum Payment Due shown on the billing statement by the payment due date shown on the statement The Minimum Payment Due shown on the billing statement will be equal to the greater of $20 or 4% of the New Balance (rounded up to the nearest dollar). We will add to your Minimum Payment Due the amount of any past due payments from previous billing statements. If the New Balance shown on your statement is less than $15, your Minimum Payment Due will be the entire New Balance. Your receipt of a credit does not relieve you of your obligation to pay the Minimum Payment Due_ S. Receipt of Payments. Payments on your Account should be mailed to us at our remittance address shown on your billing statement. Payments accompanied by the upper portion of your statement received by us at that address before 10:00 a.m. on any banking day will be credited to your Account as of that day. Payments received by us at any other location, or in any other form, may be subject to a delay in Crediting of up to 5 days after the date of receipt. 9. Application of Payments. The provisions relating to application of pay- ments in paragraph 23 of this Agreement apply solely for the purpose of determining which items of merchandise remain subject to our security interest For all other purposes, payments on your Account will be applied to the balances in your Account in the manner we determine. 10. (a) FINANCE CHARGE There is a 25 day Grace Period for purchases but not for cash advances. You can avoid an additional Finance Charoe on purchases if you pay the total New Balance shown on the front of your billing statement by the Payment Due Date shown on the statement. If applicable, Finance Charges are computed for purchases and cash advances in the following planner, and your total Finance Charge for the billing cycle is the sum of all the Finance Charge components so computed, plus, ff applicable, any Annual Fee Finance Charge included for the billing cycle, except that the Finance Charge component: if any, computed on each Average Daily Balance of Interest Free Special Purchases is accumulated from billing cycle to billing cycle and posted to your Account only ff the applicable Interest Free Special Purchases have not been paid in full by the date the Interest Free feature expires or if you fail to make any Minimum Payment Due by i due date in any 2 consecutive billing cycles before the applicable interes Free Special Purchases have been paid in full: (i) Purchases. The balance method for purchases is the Tvvo-Cycle Average Daily Balance (including new purchases): (1) W., compute a portion of your Finance Charge by multiplying ilia applic- able monthly periodic rate shown or, the front of your sTatemenf Times the Average Daily Balance of Purchases (including new purchases). This is the balance designated as Code °A' on the hotnt of your statement. To defer- ,nine the Average Daily Balance of Purchases, we iiJ take The beginning bal- ance of purchases in your Account each day (excluding the remaining Bal- a,", e Of any interest Free Special Purchases. Or gth Soeciaf Pur cisases. foi whici`I the li terest Free feature Or other aDDIMDIS promotional feature has not laminated as n; fhc ay ;-hfc also ciu = ar• -^° Char es ion curchases), rrsL tali e chc c nnuai 7ee 'Ina t a roes terms apply. We take the beginning balance each day of such Interest Free Special Purchases, and we add any new such interest Free Special Purchases for that day, and subtract the applicable portion of any payments and credits applied to your Account as of that day and subtract the balance of any Interest Free Special Purchases for which the Interest Free feature terminated as of 'that day. New Interest Free Special Purchases are added r as of the date of the transaction. The Interest Free feature terminates, and the balance of the interest Free Special Purchases is subtracted, as of the d date the Interest Free period expires if the balance for the Interest Free Special Purchases was not paid in full by that date: or, r the termination is due to failure to make the minimum Payment Due in any 2 consecutive billing cycles, as of the first day of the next billing cycle. This gives us the daily balance. Then we add up all the daily balances for the billing cycle and divide the total by the number of days in the billing cycle. This gives us each Average Daily Balance of Interest Free Special Purchases. (4) We compute a portion of your Finance Charge by multiplying the applicable monthly periodic rate shown on the fmrf of your statement times each Average Daily Balance of Special Purchases (including new Special Purchases) as shown in the Promotional Summary section on the front of the statement. If we have offered you special promotional terms (except as described in paragraph (i)(3) above) which are applicable unlit a specified expiration date, and which may apply to all purchases made by a specified date or during a specified period, or only to purchases of particular Items or types of items, all as specified in our promotional offer, and If you have any unpaid purchase balances which during the billing cycle remained subject to one or .more such special promotional offers, then for each such special promotional offer the Average Daily Balance of Special Purchases and the applicable monthly periodic rate are shown in the Promotional Summary section on the front of your statement To compute each Average Daily Balance of Special Purchases, we use only those purchases to which the particular special purchase terms apply. We take the beginning balance each day of such Special Purchases, and we add any new such Special Purchases for that day, and subtract the applicable portion of any payments and credits applied to your Account as of that day, and subtract the balance of any Special Purchases for which the special purchase terms terminated as of that day. New Special Purchases are added as of the date of the transaction. The Special Purchase feature terminates, and the balance of the Special Purchases is subtracted, as of the date the Special Purchase terms expire, if the balance for the Special Purchases was not paid in full by that date, or, if you fail to make your Minimum Payment Due in any 2 con- secutive billing cycles before the applicable Special Purchases have been paid in full, as of the first day of the next billing cycle. This gives us the daily balance. Then we add up all the daily balances for the billing cycle s and divide the tout by the number of days in the billing cycle. This gives us m each Average Daly Balance of Special Purchases. (5) The sum of the amounts determined under (1), (2), (3) and (4) above is your Finance Charge on purchases. The Finance Charge, ff any, deter- mined under (3) above is accumulated from billing cycle to billing cycle and posted to your Account only if the applicable Interest Free Special Purchases tave not been paid in full by the date the Interest Free feature expires or ff you fail to make any Minimum Payment Due by its due date in any 2 consecutive billing cycles before the Interest Free Special Purchases have been paid in full. (if) Cash Advances (including Convenience Checks and Balance Tansiers): (1) We compute a portion of your Finance Charge by adding a one-time Cash Advance Transaction Fee FINANCE CHARGE of $5.00 or 3% of the cash advance, whichever is greater, for each cash advance when it is post- ed to your Account (excluding any cash advance we have specified will not be subject to the Fee). (2) We compute a portion of your Finance Charge by multiplying the applicable tncnthly periodic rate shown on the front of your statement times the p,yerage Daily Balance of Cash Advances (including new cash advances). Tais is the balance designated as Code "C" on the front of your statement To determine the Average Daily Balance of Cash Advances, we (ii take the beginning balance of cash advances in your Account each day (excluding tha remaining balance of any reduced rate cash advance), including any unpaid Finance Charges (on all cash advances) posted to your Accoun- during previous billing cycles, (if) add any new cash advances (other than reduced rate cash advances) as of the date posted to your account for convenience checks or balance transfers and as of the date of the transaction for others, and (iii) subtract the applicable portion of any payments and credits applied to your Account as of that day. This gives us the daily balance. Then we add up all the daily balances for the billing cycle and divide the total by the number of days in the billing cycle. This gives us the Averaoe Daily Balance of Cash Advances. ;3) We comppte a Portion of your Finance Charge by mu _ -the aCph6able monihiy periodic mate shown on the front of your statement limes each Ave age Daily Balance of Reduced Rate Cash Advances (Including new Reduced Rate Cash Advances) as shovrn in the Promotional Summary section on the front of the statemant. To determine each Average Daily Balance of Reduced Rage Cash Advances v'e use only those cash adbancas to whim The patcuiar giomguuna a€.s adplY and Plj we mke me beomn:no balance eacli dal? df such cash EdVa ,ces FJ.i and any new sucC assn cd'c asO. i tai pnsiec :J OU" ascc;hi: _J CO.Tfenieiica returned check charges and any other charges (except late charges, over- the-credit limit charges, annual fees, cash advances and Finance Charges on cash advances), (n) add any new purchases (other than Interest Free Special Purchases and other Special Purchases) and other charges (except late charges, over-the-credit limit charges, annual fees, cash advances and Finance Charges on cash advances), and (i7 subtract the applicable por- tion of any payments and credits applied to your Account as of that day. Purchases are added as of the date of the transaction; other charges added pursuant to rr above are added as of the date posted to your Account The accumulated Rnance Charges on any Interest Free Special Purchases are added as of the day on which the Interest Free feature, expires, If the Interest Free Special Purchases have not been paid in full by that date, or as of the date the Interest Free feature is earlier terminated for failure to make a Minimum Payment Due in any 2 consecutive billing cycles before the Interest Free Special Purchases have been paid in full. This gives us the daily balance. Then we add up all the daily balances for the billing cycle and divide the total by the number of days in the billing cycle. This gives us the Average Daily Balance of Purchases. No Finance Charge is computed on the Average Daly Balance of Purchases for any billing cycle in which the Previous Balance shown on the front of your billing statement is zero or is a credit balance or is paid in full within 25 days after the Closing Date of the previous billing cycle. (2) We compute a portion of your Finance Charge by multiplying the applicable monthly periodic rate shown on the front of your statement times the Average Daily Balance of Previous Cycle Purchases (including previous cycle new purchases). This is the balance designated as Code 'B" on the front of your statement This balance is determined, for the previous billing cycle, in the same manner in which the Average Daily Balance of Purchases described in (1) above is determined for the current billing cycle. Finance Charges will be computed on the Average Daily Balance of Previous Cycle Purchases only if () the New Balance shown on your billing statement for the previous billing cycle is not paid in full within 25 days after the Closing Date of the previous billing cycle and, in addition, (i) the Previous Balance shown on your statement for the previous billing cycle was zero or a credit balance or was paid in full during the previous billing cycle. (3) We compute a portion of your Finance Charge by multiplying the applicable monthly periodic rate shown on the front of your statement times each Average Daily Balance of Interest Free Special Purchases (including new Interest. Free Special Purchases) as shown in the Promotional Summary section on the front of the statement. These are special promo- tional purchase balances on which Finance Charges are accruing but will be waived provided (i) the balance for the interest Free Special Purchases is paid in full by the date the Interest Free feature expires as specked on the front of your billing statement and (ii) you never fail to make any Minimum Payment Due by the payment due date shown on your statement in any 2 consecutive billing cycles before the Interest Free Special Purchases have been paid in full. There may be more than one Average Daily Balance of Interest Free Special Purchases shown on your statement if during the billing cycle you have unpaid purchases made pursuant to more than one such Interest Free Special Purchase offer for which the interest free feature has not yet terminated. Each Average Daily Balance of Interest Free Special Purchases, and the periodic rates applicable to it, is shown in the Promotional Summary section on the front of your statement To compute each Average Daily Balance of Interest Free Special Purchases, we use only those purchases to which the particular Interest Free Special Purchase WIV6KD UI UdIWJ U Ua11WUtb allU al UI UIC UalC VI Uallbd000H 1UI UUiCIJ, QUU (iii) subtract the applicable portion of any payments and credits applied to your.Account as of that day. This gives us the daily balance. Then we add up all the daily balances for the billing cycle and divide the total bythe num- ber of days in the billing cycle. This gives us each Average Daily Balance of Reduced Rate Cash Advances. (4) The sum of the amounts determined under (1), (2) and (3) above is your FINANCE CHARGE on Cash Advances. (b) Monthly Periodic Rates. The monthly periodic rate and corresponding ANNUAL PERCENTAGE RATE used to compute the FINANCE CHARGE will be a variable rate, which means they may vary from billing cycle to billing cycle. The variable monthly periodic rate and corresponding ANNUAL PER- CENTAGE RATE is subject to increase or decrease once Each mordh based on changes in the Bank Prime Rate as published in The !Nall Street Joumal in its Money Rates Section (Prime Rate). Any increase or decrease will be effective on the first day of your billing cycle and Oil be based on the Prime Rate published in The Wall Street Journal on the 15th day of the calendar month preceding the billing cycle, or the first business day after the 15th of the calendar•month preceding the billing cycle when the 15th does not fall on a business day. The monthly periodic rate will be equal to the Prime Rate plus a preferred 'Margin" of 12.05 percentage points, divided by 12 and rounded up to the nearest 1/10M of 1%, but wilt never be less than a preferred 'Floor Rate' of 1.65% (corresponding ANNUAL PERCENTAGE RATE of 19.8%). If The monthly periodic rate and corresponding ANNUAL PERCENTAGE RATE increase, the FINANCE CHARGE will increase and your Minimum Payment Due may be greater. The current periodic rate and cor- responding ANNUAL PERCENTAGE RATE are shown on the enclosed card carrier or other enclosed insert. Notwithstanding the foregoing provisions, if you fail to make the Minimum Payment Due by the payment due date shown on your billing statement for two consecutive billing cycles, then, beginning with the next billing cycle, your monthly periodic rate will increase to 2% (corresponding Annual Percentage Rate 24%). This APR VAR contin- ue in effect until you have paid at least the Minimum Payment Due by the payment due date shown on your statement in 6 consecutive billing cycles, at which time the preferred Margin and Floor Rate norm ally applicable to your Account will resume, effective as of the first day of your next billing cycle. (c) Minimum FINANCE CHARGE If a Periodic Finance Charge is imposed on purchases, the minimum amount will be $ .50. If a Periodic Finance Charge is imposed on cash advances, the minimum amount will be $.50. (d) Annual Fee FINANCE CHARGE. Waived for the first year. Thereafter, you agree to pay us an Annual Fee FINANCE CHARGE of $25, which will be charged to your Account unless you have charged at least $2,000 to your Account during the preceding year. 11. Late Charge. If we do not receive the Minimum Payment Due by your next statement Closing Date, we may impose a late charge of $25. 12. Charge for Returned Checks. If your payment check or draft is returned to us unpaid for any reason by your bank or other financial insfitw bon, or if we decline to pay your convenience check because paying it would exceed your credit limit, or because your Account is closed or deiin- quent, we may impose a charge of $20. 13. Insurance. Insurance is not required to obtain credit it you request any insurance coverage in connection with the opening of the Account or ... CONMNU£D ON Ra SRSE 5!D!E later, and are eligible for such insurance, you authorize us to charge the 25. Delay in Enforcement/No Waivers. We can delay enforcing our rights insurance premium to your Account on a monthly basis. under this Agreement without losing them. We can also accept late pay- 14. Promotional Transaction Options. We may at various times offer ments or partial payments or checks and money orders marked payment in Promotional Transaction options. Four standard Promotional Transaction full or other similar language without losing any of our rights under this options we may offer are: (1) Interest Free SDecial Purchase: Fora specified Agreement. time period from the date of purchase, the Finance Charge which accrues 26. Billing Address, if your Account is a joint account or if more than one on the balance of the Interest Free Special Purchase is not added to your person is permitted to use the Account, you agree that all notices regarding Account balance but instead is accumulated from billing cycle to billing the Account may be sent solely to the address shown on our billing cycle and posted to your Account only if you fail to pay your Minimum records. You agree to give us written notice of any change in you, billing Payment Due by the payment, due date shown on your statement in any 2 address. Any such change will became effective upon our receipt, of your consecutive billing cycles before the interest Free Special Purchase has written notice ai the Bank's designated office. been paid in full or if, the Interest Free Special Purchase has not been paid in 27. Assignment. You may not assign your rights under the Account We full by the end of the specified time period. (2) Nonretroactive Interest Free may assign our rights, including our security interesL at any time. SDecial Purchase: For a specified time period from the date of purchase: no 28, Call Monitoring. You agree that from time to time we may monitor, Finance Charge is imposed on the Nonretroactive Interest Free Special which may include recording, telephone calls between you and us to assure Purchase. When the specified time period expires any remaining balance of the quality of our cistomer service. the Nonretroactive Interest Free Special Purchase will thereafter be subject to Finance Charges. If you fail to pay your Minimum Paymert Due by the 29 Mediation and Arbitration. This Section applies to any claim; dispute payment due date shown on any statement your Nonretroactive Interest or controversy arising from or related either to this Agreement or the rela- ' ' , Free Special Purchase feature will terminate and any remaining balance of fionships that result from this Agreement The term claim, as used in the I your Nonreti-OaCtive interest Free Special Purchase will thereafter be subject following paragraphs includes any such claims; disputes or controversies: to Finance Charges. (3) Reduced Rate Special Purchase: For a specified Mediation. Either you or we may request that a claim be submitted to non- time from the date of purchase, the monthly periodic rate in paragraph binding mediation. Such claim shall be subject to nonbinding mediation if 10(b) used to compute the Finance Charge will be reduced on your the other party so agrees within 60 days of you or us making the request by Reduced Rate Special Purchase. If you fail to pay your Minimum Payment letter. Any such mediation so agreed to shall be held in the federal judicial Due by the payment due date shown on any statement, your Reduced Rate district in which you reside, and shall be conducted according to the media- Special Purchase feature will terminate and any remaining balance of your tion rules of the National Arbitration Forum. You and we agree further to Reduced Rate Special Purchase will thereafter be subject to the applicable share the cost of any such mediation equally. No mediation shall com- monthly periodic rate and corresponding ANNUAL PERCENTAGE RATE until mence unless both parties agree to it, and no mediation shat( continue If any remaining balance of the Reduced Rate Purchase is paid in full. (4) either party declares an impasse. Reduced Rate Balance Transfer and Reduced Rate Convenience Checks Arbitration. Except as provided below, you and we agree that any claim that (Reduced Rate Cash Advances): This may apply to balance transfers, con- is not resolved through the nonbinding mediation process outlined above venience checks or other cash advances as specified in the promotional shall be resolved by binding arbitration conducted by and according to the offer. The monthly periodic rate in paragraph 10(b) used to compute the Code of Procedure cf the National Arbitration Forum in effect at the time the Finance Charge will be reduced on your Reduced Rate Cash Advance. claim is filed. Fifing fees shall be paid by the jiarf}1 filing a claim, and other Change in Pavmerrt Promotional Transaction options may involve a change fees will apply as stated in such Code of Procedure. All claims submitted to in your payment while the Promotional feature is in effect One standard t shall filed either any National Arbitration Forum office or changed payment feature that may apply is: (1) No Payment We exclude 1, P. .O The Code certified mail at cfied P.O. Box Minneapolis, Minnesota 55 de the unpaid amount of your Promotional Transaction from your Account ba- orm nal Arbitration of Procedure of the National Arbitration Forum and related forms, including ante for purposes of computing your Minimum Payment Due under para- the forms to be used in filing a claim, may be obtained by calling (800) graph 7. Once the Promotjonat feature terminates the unpaid amount of the 474 2371. Promotional Transaction will be subject to the normal payment terms under Any.claim must be filed with the National Arbitration Forum or with a court paragraph 7. of competent jurisdiction within the applicable statute of limitations and Same specific Promotional Transaction options we may offer from time to nothing herein serves to extend any time period thereunder. tirne are: (a) 90 Days Interest Free: This has the interest free feature Arbitration under the Code of Procedure of the National Arbitration Forum described in (1) above, with 90 days from date of purchase as the specked can take the form of a document hearing where the parties submit docu- time period. There is no change in how your Minimum Payment Due is ments and their claim is resolved through an independent arbitrator's review determined. (b) 6 Months Interest Free: This is the same as 90 Days of those documents which is conducted at the arbitrator's office, outside Inteest Free, except that the specified time period is 6 months from date of the presence of the parties. Arbitration may also take the form of a partci- purchase. (c) 12 Months interest free: This is the same as 90 Days Interest patory hearing in which the parties can appear and present evidence which Free, except that the specified time period is 12 months from date of pur- will be considered by the arbitrator in resolving the claim. Parties request- chase. ing a participatory hearing must pay an additional fee as stated in the Code We will identify at the time of offering any option, which of the standard of Procedure. Any participatory hearing that is held will be conducted in the federal judicial district in which you reside. If requested by either party the or other Promotional Transaction options and changed payment features, if , arbitration award will be accompanied by a written decision explaining the any, described above or elsewhere applies to that purchase. Any transac- basis for the award. the party reques ing such a written decision may be iior charging to your Account a purchase so identified in this paragraph will required to pay an additional fee. constitute your agreement that the applicable Promotional Transaction option described will apply to that purchase. For any Promotional Judgment upon the arbitration award may be entered in any court having Transaction or changed payment feature not described above, we will indi- jurisdiction. cate the applicable promotional terms at the time we offer the promotion. Notwithstanding the above agreement to arbitrate, either party shall have the 15. Over-The-Credit-Limit Charge. If you exceed the credit limit applicable right to apply to any court having jurisdiction and seek interim, provisional, to your Account, or any separate credit limit applicable to cash advances injunctive or other equitable relief, including replevin or other prejudgment , we may impose a charge of $20 remedy, relating to any collateral, security or orooerty interests for contrac- . tual debts now or hereafter owed by either party to the other under this 16. Copy Charges. If you request that we provide you an additional copy Agreement, until the arbitration award is rendered or the controversy is oth- of any statement more than 90 days after the date we sent the statement to erwise resolved. In addition, if either party files a claim with a court of com- you, we may impose a charge of 53.00 per copy. petent jurisdiction, such filing shall not be deemed a waiver of the right to 17. Applicable Law. GEORGIA AND FEDERAL LAW WILL GOVERN THIS arbitrate that is provided under this Agreement. If, however, a party files a AGREEMENT. To the extent permitted by law, you waive any right of venue claim with a court of competent jurisdiction; and neither party files with the and personal jurisdiction and agree that all legal actions between you and us court a pleading asserting the right to arbitrate within 30 days of the last may be brought in a coon of competent jurisdiction in the State of Georgia, date established by the court forthe filing of all clams: defenses and coun- Couniy of Cobb. ierclaims, then the nahts of the parries to arbitrate such claims, defenses 18. Default. You will be in default under this Agreement if you fail to pay the and counterclaims under 'this Agreement shall be deemed to have been Minimum Payment Due on time. To the extent permitted by law, you agree waived. you will also be in default if you fait to keep any of you, other promises you using Cardhoider Agreement to Prfediauon and Arbtration Provisions. By have made in this Agreement or if bankruptcy proceedings are filed by or your credit card anytime 30 days or more following the date of this amend- against you. If you are in default, after we give you any nonce of or right to men;, you agree to the terms enclosed herein. Fw-thermore you acknowl- oorreci the default, required by law, we may terminate y?git r .-.CCg mf and edge that you prefer to resolve anv claims. disputes or controversies de!Tand payment or the Outstanding balance it,, your Account immediately. Lhrouch the mediation, and arbitration GroV15(OnS "Set forth above, and o the eienf permitted by law, you ag ee to pay all reasonahfE a`omevs aCcor dinoh? waive the nahL you would otnerv,.,ise have to a -trial by Jury or by fees, court costs, collection, expenses and repossession expenses incurred a court except as provided above. by vs. You agree that If you are in defaulf, yon will accept Calls from us 30. Effective Date. i his Agreemenu becomes Effec ive umon our aconova regarding me collection of your Account. To the extent .0a'niliEd by, law a nd oPeni :o of youi Account in Georgia. l you do not use your Account. VOL; am ee tiaf the calls Can be aL'tO abcaliy dMiSo and _ --Corded mes- y 0g may cancel it OV Cu in-o Jour card(s) in hail anc i wining tie, to L's. sa0_- P', ay oe play ed. and :hat such calls will 00` u„ nnS01tC!twd` C'a1tS tilt ,jut pubII ul bmm ul much at to . 19: Change of Terms. Upon such prior written notice as is required by applicable law, we may change the terms of this Agreement In such event, to the extent permitted by applicable law, the new terms shall apply to your Account balance at the time of the change and to future charges. However, you may avoid the new terms if you surrender your Card by mailing it to as at the address indicated in paragraph 20 of this Agreement prior to the effective.dale of the change, in which event you may continue to pay off your Account balance under the same terms and conditions as then in effect Failure to surrender your Account Card prior to the effective date of the change will constitute your consent to the change in terms. 20. Lost or Stolen Card or Unauthorized Use. You may be liable for the unauthorzed use of your Card. You will not be liable for unauthorized use that occurs after you notify us by telephone at 1-800-685-6761 or by mail at FNANB VISA', P.O. Box 42336 Richmond, VA 23242 of the loss, theft or possible uniuthorized use. In any case, your liability will not exceed $50. 21. Credit Information. You agree that we may-give information about your Account (including whether you have been late in malting payments) to per- sons and companies which are allowed by law to receive such information (for example, credit bureaus). You agree that we may request one or more consumer credit reports in connection with any application for establish- ment of this Account or in connection with any update or renewal of, or extension of, credit under your Account. You also agree that, to the extent permitted by law, we may provide information about your Account, and other information we may have about you to affiliates of ours for possible marketing to you of products and services provided by our affiliates. 22. Cancellation. We have the right to cancel this Agreement at any time as it relates to future purchases and advances. You will still be responsible to pay any amounts you owe in accordance with the terms of this Agreement. If your Account is. canceled, you will retum your Cards to us at the address shown in paragraph 20 of this Agreement ' 23. Security interest. To the Went permitted by applicable law, you grant to us, and we shall retain, a purchase money security interest under the Uniform Commercial Code, in each item of durable goods purchased on your Account as shown on sales slips, until the unpaid balance of that Item is paid in full. For purposes of determining at any time which items remain subject to our security interest, payments on your Account will be applied in accordance with any mandatory provisions of applicable law and, absent such provisions. shall be applied as follows: first to Finance Charges; then to any late charges, annual fees, over-the-credit limit charges, returned check charges or other charges (except insurance charges, purchases or cash advances); and then to insurance charges; purchases and cash advances charged to your Account on different dates, in the order of entry to your Account, and in the case of insurance charges, purchases and advances charged to your Account on the same date, the lowest priced shall be deemed first paid for. However, It is expressly agreed that no secu- rity interest is or will be retained or acquired by us in any consumer's princi- pal.dweliing. This does not apply to a lien created by a court judgment In the event of default, we shall have all the rahts of a secured party under applicable law, including, to the extent permitted by applicable law, the right to repossess items that remain subjectto our security interest. 24. Severability. The invalidity of any provision of this Agreement shall not affect the validity of any other provision. YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act Notify Us in Case of Errors or Ouesruons About Your Bill If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet at the address fisted on your bill. Write to us as soon is possible. We must hear from you no later than 60 days after we sent you the first big on which the error or prob- lem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: -Your name and Account number. -The dollar amount of the suspected error. -Describe the error and explain, If you can, why you believe there is an error. If you need mare, mfornation, describe the item you are not sure about. Your Rights and Our Responsiblities After We Receive Yoar Written Notice We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you ques- fion, or report you as delinquent as to the questioned amount We can con- tinue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any .questioned amount If we did not make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amourd that you owe, we may report you as delin- quent However, if our explanation does not satisfy you and you write to us within ten days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled-between us when it finally is. If we do not follow these rules, we cannot collect the first $50 of the ques- tioned amount, even rf your bill was correct. Special Rule for Credit Card Purchases If you have a problem with the quality of property or services that you pur- chased with a 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 du on the property or services. There are two limitations on this right (a) You must have made the purchase in your home state or, 9 not within your home state, within 100 miles of your current mailing address; and (b) The purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant, or R we mailed you the advertisement for the property or services. POI-8526-7 ='19.8%A;l+?CPS-66280 VERIFICATION g a n 17 is Lea 1 Q cfl r? r? c?A ar e of uthorized representative) (Title or Position) for First North American National Bank, the within Plaintiff, and makes this statement on its behalf as to the truthfulness of the facts set forth in the foregoing Complaint subject_te-floe penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: N N? ??? t •? C c ! :? W Cy ?O rn?il . C I? r G.,:. l ? S BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 26 South Church Street West Chester, PA 19382 610-696-2120 ATTORNEY FOR: Plaintiff FIRST NORTH AMERICAN NATIONAL BANK 9960 Maryland Drive, Richmond, VA Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2610 LORI A WEBBER 317 10th Street, #317, New Cumberland PA 17070-1307 Defendant : CIVIL ACTION - LAW Praecipe to Reinstate To the Prothonotary: Please reinstate the Complaint. 'Z'-4'12n5i0e - Burton. Ne 1, Esquire Attorney for Plaintiff I BURTON [L & ASSOCIATES, P.C BY: o O Cll:ii' J . l i n C71 ? SHERIFF'S RETURN - REGULAR CASE NO: 2003-02610 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST NORTH AMERICAN NATIONAL VS WEBBER LORI A ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WEBBER LORI A the DEFENDANT at 1630:00 HOURS, on the 8th day of July 2003 at 317 10TH STREET #317 NEW CUMBERLAND, PA 17070 by handing to DANIEL WEBBER, HUSBAND a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.73 Affidavit .00 Surcharge 10.00 .00 39.73 Sworn and Subscribed to before me this 10 day of lTh? ,2 A.D. nr thonotary ' So Answers: R. Thomas Kline 07/09/2003 OLIN NEIL HALTRECHT By: OKI pu y e ff SHERIFF'S RETURN - REGULAR CASE NO: 2003-02610 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST NORTH AMERICAN NATIONAL VS WEBBER LORI A ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WEBBER DANIEL MARTIN the DEFENDANT , at 1630:00 HOURS, on the 8th day of July 2003 at 317 10TH STREET #317 NEW CUMBERLAND, PA 17070 by handing to DANIEL WEBBER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 / 10.00 R. Thomas Kline .00 16.00 07/09/2003 OLIN NEIL HALTRECHT Sworn and Subscribed to before me this /D e* day of o7fi'j A.D. -7- P o honoGy '?'l By: n Deput S erDeput S ' f FIRST NORTH AMERICAN NATIONAL BANK 9960 Mayland Drive Richmond, VA 23233 Plaintiff vs. LORI A WEBBER DANIEL MARTIN WEBBER 317 10th Street, #317 New Cumberland PA 17070-1307 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2610 Civil CIVIL ACTION - LAW Praecipe for Default Judgment To the Prothonotary: Please enter judgment by default for want of an answer in the above case in favor of the plaintiff and against the defendant, and assess damages as follows: Principal: $9,306.51 Attorneys Fees: $1,861.30 TOTAL $11,167.81 Understanding that false statements herein made are subject to penalty under 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, I verify that: 1. The above are the precise last-known addresses of the judgment debtor and creditor. 2. The annexed notice of intention to file this praecipe was mailed to all parties against whom judgment is to be entered and to their record attorneys, if any, after the default occurred, and at least ten days prior to the date of the filing of this praecipe. 3. The said defendant is not in the Military Service of the United States or its Allies or otherwise within the coverage of the Soldiers' and Sailors' Relief Act of 1940, as amended, is over 18 years of age and has a civilian occupations. JUDGMENT BY DEFAULT ENTERED AND DAMAGES ASSESSED AS ABOVE. NOTICE GIVEN UNDER P /rfLCIV.P. 236 Pro Prothonotary The law firm of Burton Neil & Associates is a debt collector. TES, P.C. BURTON IL iPlainti BY:, Burton NAttorney I.D.#11348 PO Box 356, W . Chester, PA 19381 03-158 4 FIRST NORTH AMERICAN NATIONAL BANK Plaintiff VS. LORI A WEBBER DANIEL MARTIN WEBBER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2610 Civil CIVIL ACTION - LAW Notice of Intention to File Praecipe for Default Judgment TO: Lori A Webber 317 10th Street, 9317 New Cumberland PA 17070-1307 DATE OF NOTICE: July 30, 2003 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 obligations to the claims set forth against you. Unless you act within ten (10) 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 notice to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 BURTON NE & ASSOCIATES, P.C. Burton Neil, Esquire Attorney for Plaintiff Identification No. 11348 26 South Church Street West Chester, PA 19382 610-696-2120 The firm of Burton Neil & Associates, P.C. is attempting to collect a debt. 03-158 FIRST NORTH AMERICAN NATIONAL BANK Plaintiff vs. LORI A WEBBER DANIEL MARTIN WEBBER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2610 Civil CIVIL ACTION - LAW Notice of Intention to File Praecipe for Default Judgment TO: Daniel Webber 317 10th Street, #317 New Cumberland PA 17070-1307 DATE OF NOTICE: July 30, 2003 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 obligations to the claims set forth against you. Unless you act within ten (10) 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 notice to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 BURTON NE & ASSOCIATES, P.C. Burton Neil,' quire Attorney for Plaintiff Identification No. 11348 26 South Church Street West Chester, PA 19382 610-696-2120 The firm of Burton Neil & Associates, P.C. is attempting to collect a debt. 03.158 T? !r tk ?{? o ? ? ?, o ? ? r ?, . ?.: ? ?} . . PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) Pa.R.C.P. § 3103 to 3149 FIRST NORTH AMERICAN NATIONAL BANK Plaintiff vs. LORI A WEBBER DANIEL MARTIN WEBBER Defendant(s) FULTON BANK Garnishee(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2610 Civil CIVIL ACTION - LAW To the Prothonotary: ISSUE A WRIT OF EXECUTION IN THE ABOVE MATTER 1. Directed to the Sheriff of Cumberland County, Pennsylvania 2. against LORI A WEBBER, DANIEL MARTIN WEBBER , Defendant(s) 3. and against FULTON BANK , Garnishee(s) 4. and index this writ (a) against Defendant(s) (b) against Garnishee(s) as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (specifically describe property) NO LEVY-GARNISHMENT ONLY Serve interrogatories on garnishee at: 6520 Carlisle Pike, Mechanicsburg, PA 17050 5. Amount Due $11,167.81 Interest from 8/18/03 $ 155.87 Total $11,323.68* *Plus writ costs Dated: November 10, 2003 NOTE: Under paragraph 1 when the writ is directed to sheriff of another county as authorized by Rule 3103(b), the county should be indicated. Under Rule 3103(c) a writ issued on a transferred judgment may be directed only to the sheriff of the count in which issued. Paragraph 3 above should be completed only if indexing of the execution in the county of issuance is desired as authorized by Rule 3104(a). When the writ issued to another county indexing is required as of course in that county. See Rule 3104(b). Paragraph 4(b) should be completed only if real property in the name of the garnishee is attached and indexing as a lis pendens is desired. See Rule 3104(c). The firm of Burton Neil & Associates, P.C. is attempting to collect a debt. C? eq 0 ? C w J C7 j` ( W V ? O nL I C V WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-2610 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FIRST NORTH AMERICAN NATIONAL BANK, Plaintiff (s) From LORI A. WEBBER AND DANIEL MARTIN WEBBER, 31710TH STREET, #317, NEW CUMBERLAND, PA 17070-1307 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of FULTON BANK, 6520 CARLISLE PIKE, MECHANICSBURG, PA 17050 - SERVE INTERROGATORIES GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $11,167.81 L.L. $.50 Interest FROM 8/18/03 - $155.87 Arty's Comm % Due Prothy $1.00 Atty Paid $137.73 Other Costs Plaintiff Paid Date: DECEMBER 2, 2003 CURTIS R. LONG Prothonot r ? r Z2 (Seal) _By: 4 .' 7efiI 0I Deputy REQUESTING PARTY: Name BURTON NEIL, ESQUIRE Address: 26 SOUTH CHURCH STREET P.O.BOX 356 WEST CHESTER, PA 19381-4111 Attorney for: PLAINTIFF Telephone: 610-696-2120 Supreme Court ID No. 11348 BURTON NEIL & ASSOCIATES, P.C By: Burton Neil, Esquire Identification No. 11348 26 South Church Street West Chester, PA 19382 610-696-2120 Attorney for Plaintiff FIRST NORTH AMERICAN NATIONAL BANK Plaintiff vs. LORI A WEBBER Defendant and FULTON BANK Garnishee To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 03-2610 Civil CIVIL ACTION - LAW Praecipe to Dissolve Attachment Dissolve the attachment against FULTON BANK, garnishee. BURTON BY: ASSOCIATES, P.C. Attorney for ?? c ? 0 ? ? ? rt??? ? --y-? ? ? , c? ? ?g 1:.: _) 4s -ay T Ti .4 ? ? - ? ?? r 4 ??.? -c w W -? First North American National Vs Lori A. Webber Writ of Execution Docket No. 2003-2610 Civil Term 2909 E 0 V 16 I'i`i I : 4 9 Ci R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. No action has been taken in the last six months. Sheriff's Costs Docketing $18.00 Surcharge $30.00 Levy $20.00 Mileage $ 6.21 Poundage $ 1.50 Prothonotary $ 1.69 Garnishee $ 9.00 Total $86.40 -/ 9 ?)- So Answers: ?O00a0epp"doz R. Thomas Kline, Sheriff BY_i? Cti Sergeant U h c:l? 7jv? y