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HomeMy WebLinkAbout07-7165~ s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC NO. 07 - 7/(v5 l~tvi (~GnM assignee of UNIFUND CCR PARTNERS assignee IN CIVIL ACTION of CITIBANK (SOUTH DAKOTA), a National Association -vs- Plaintiff(s) DIRK A. KISSINGER Defendant(s) COMPLAINT CODE- FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: Charles F. Bennett, Esq. PA I.D. No. 30541 Joel E. Hausman, Esq. PA LD. No. 42096 APPLE AND APPLE, P.C. Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213 Telephone: 412-682-1466 Faz: 412-682-3138 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC NO. assignee of UNIFUND CCR PARTNERS assignee IN CIVIL ACTION of CITIBANK (SOUTH DAKOTA), a National Association -vs- Plaintiff(s) DIRK A. KISSINGER Defendant(s) 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 are served, by entering a written appearance personally or by 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1800-990-9108 2 COMPLAINT 1. Plaintiff is a corporation having offices at 120 North Keyser Avenue, Scranton PA 18504. 2. Citibank South Dakota, a National Association, assigned an account portfolio to Unifund CCR Partners which, inter alia, included the account of the above- captioned Defendant, and Unifund CCR Partners assigned an account portfolio that, inter alia, included the account of the above-captioned defendant to Commonwealth Financial Systems, Inc. Attached hereto as Exhibits "A" and "B" are true and correct copies of the aforesaid assignments. 3. Commonwealth Financial Systems, Inc. as the assignee of Unifund CCR Partners, and as the ultimate assignee of Citibank South Dakota, stands in its assignors' stead and all are hereinafter referred to interchangeably as "Plaintiff'. 4. Defendant is an individual whose address is 349 Holswart Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 5. At a specific instance and request of the Defendant, the Defendant applied for a Citibank South Dakota credit card. 6. The Plaintiff avers that the Defendant was granted a revolving open-end credit card account and was issued a credit card for such account subject to the stated terms and conditions contained in a written account agreement, a true and correct copy of which has been attached hereto, marked Exhibit "C" and made a part hereof. 7. Plaintiff avers that the Defendant accepted the terms and conditions of the revolving open-end credit account contained in the aforementioned written agreement by using the credit card which had been issued to make purchases and/or cash advances. 8. Thereafter, in breach of obligations under the Agreement, the Defendant failed to make payments as they became due. 9. Plaintiff avers that the terms of the Agreement provide for acceleration of the entire balance due and owing upon Defendant's breach of the Agreement. 10. Plaintiff avers that the balance due amounts to $14,523.64, as is more specifically shown by Plaintiffls account detail, a true and correct copy of which is attached hereto, marked Exhibit "D" and made a part hereof. 11. Plaintiff avers that the interest has accrued at the rate of 32.24% per annum on the principal balance of $7,793.63 due from February 22, 2007. 12. Per the term of the agreement, the Defendant has agreed to pay to the Plaintiff as liquidated damages, the costs of collection, including all reasonable attorneys' fees incurred in the collection of monies owing, which Plaintiff avers will amount to 25% of the balance due. 13. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and refused to pay the amount due to Plaintiff or any part thereof. 4 WHEREFORE, Plaintiff demands Judgment against Defendant in the amount of $14,523.64, with appropriate additional interest from February 22, 2007, plus attorneys' fees and costs. 5 APPLE AND APPLE, P.C. I3CLL OH SALE, ASSIGNl4~fENT AND ASSUMPTION AGREEMENT THLS BOLL OF SALE, ASSIGNMENT AND ASSUNIPTT~1`~F AGREEMENT is dated as of January 6, 2005, between Citibank (South Dakota), National Association, a national banking association organized under the laws of the United States, located at 701 East 60th Street North, Sioux Falls, SD 57117 (the "Bank"} and Unifund CCR Partners, located at 10625 Techwaods Circle, Cincinnati, Oki X5242 ("Buyer"}. Far value received and subject to the terms and conditions of the Purchase and Sale Agreement dated January 6, 2005, between Buyer and the Bank {the "Agreement"), the Bank does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, goad and marketable title to the Accounts described in Section l.2 of the Agreement, free and clear of all encumbrances, equity, lien, pledge, charge, claim, or security interest. This Bill of Sale, Assiartment and Assumption Agreement is executed without recourse and without representations or warranties including, without limitation, warranties as to collectibility. Citibank ~ Nation Ass By: ": (?~ Name: ~~_ Title: Dakota}, ation , Unifund CCR Partners ~IS~r~• ~~ (Signature) ~~ ~~s ~-~a~~f ~~~~~~~~ anifundcnscfl2W.Joc Name: wttf ~ • ~y~ft~ ~CI'Gf Title: ~`~~~~ ~'~~~lLfl Exeieir7~C uniFund Unifund CCR Partners BILL OF SALE Unifund CCR Partners, for value received and in accordance-with the terms of the Accounts Receivable Purchase Agreement by and among Unifund CCR Partners and Commonwealth Financial Systems, Inc. ("Purchaser"), dated as of March 11, 2005 (the "Agreement"), does hereby sell, assign and transfer to Purchaser all of its good and marketable title, free and clean of all liens, claims and encumbrances in and to the Accounts listed in the Account Schedule attached as Appendix A to the Agreement, without recourse and without representation or warranty of collectibility, or otherwise, except to the extent stated in the Agreement. Executed on . G~ Z~ UNIFUND CCR PARTNERS By Credit Card Receivables Fund, Inc. Its General Partner By Davi osenberg President Fc 12 EXH1811 3 r Unifund U se ONLY Client # PID CID # ~~#~~ AGR~E~~~T This Card F-geeement, ~~rhich includes your card carrier= is your COntTdCt S'~~tfi r!s and gavems the use of Sour card and accotfnL The card carrier cnsatnins important aGCpunt information, itrciuding your artctttdE percentage rates atiQ the arrtourit of any membership fee. Please read and keep these dvcumerrts foryour records. FACT`S A!'3C?UT 1~~t~`i=S r4Nt~ FLEE For i~mplete frtfatmation about these fac#s, please see the rrrlated sections iii this Card Agreer~nt. Ft~-TE~--F![~4I~CE GHAiR{aES Farchase and Cash Advance APRs: See card carrier. ail APRs based on tf-ta Peirce RatiEr m,ay very each bil.fing period. fyefault APi~: Sss card carrier. ~e Qefauif AFI~ equals the Prime Rate pigs tip to 23.E°,4,, or up to ~6.99'~, x+ri~'ttitever is greater. All APRs may autamaticatiy isicrease 'up tti ffte Qefauit APR if you fail to make a paiyrmeitt co us vr<tien due, exceed your CE'etiit line, ar make ~ pa~mlent tn'uS tl'~t iS not 11{fnbfE~d. t~irrintum i=tnance Charge: 56.50: TF~AN~4GT1~[!~ FEi~S~F1NEtF~~ CHAf~GES Batance Transfer Fee: 3% of-each balance transfer,. ~S minimum, $la rriaximun~. Purchases made in a Ferei~n Currency ice: 39Q of each purchase after i#s corivers~n irito U.S. dofiars. Cash AdveoE~ fee: 3°,~ of eat ash advance; ~~ minimum. Q~fER FEES Late Fee: $15 pn fsatarrces up tiz $140;. X25 r}n haiarir~s of 51i)(f up fti $~5tt; $39 vn baiances of $25t} aiid aJver. Q~er-fhe-~red~-Lure Fee; X39. Anotraf tYfambership Fee: See card carrier. Re~tnad Payment Fee: f~. itetdrae~ t~Qrrveafence Check Vie: 539. Step Payment an Corruenierlee Check Fee: 539. Rafes, tees, arad terms may charge: W8 try change the rates, foes; -and #emrs of your ar~qunt at any Mme for any eeun; These raeasdns may be based on irrft~rmatiart in yrrur Credit report, surds as your far'lure to make payments to anatfter tat ~ due, amatisrts awed to atfrer creditors, the nurrriter of credit accaurrts autstandinp, or the number of credit irrAuiries. Tttiese reasons may atso include competitive ar market.-re#at~i factors: if vie make a change fear ark of these reasrns, yttu ti~iil te~elve advance r~otiaEt acid a rihht to ~ opt ottt in accordance with applicable iavr. j EXHIBIT C Ch~'fttt%tiol7s BCtrr~tf~ tie ~Iada ishEip ~Frsh~ hetirr~n you and us by this Card figreement. ~9PR: anntrat p~ercer~ge rate. arrt~rsr'i~t! user arty persarn you aila~Y to rise your acca:.=rtt_ cat~tL• arre or fore Cards ar ct~er account access dam, inctudrrrg nccaudt nurntiers, that tive issue to you #a atrtairr credit under tt-is lard Agreement Gard ligreerrrenf (rrr AgreEru~f) tlt"r, dacunertt and the card r~rriac .1rs, astf crrrc Citibank (Sgutti aatco~), Cd.A_, the issuer m your aC~unt. yeti. yurrr, and yuut~ thg person tsrha applied #a opEn the a~tuit and an^~ Differ person respransibte for cnmplYing ~~tith this Agfeemeni, irtCitrdirrq dte persart to ~vttam ~ address ttiilint~ s#a~triertts. Y~r Accc}urtf . You agr~ to ussyn ur accnttnt in acc~trdance with this RgrErXmartt.. This Agreeme~rt is taindiFtg an ysfir snlessyvu tattoo! your accortrit ~n 3D days after receiving the card drtd yaFi hsve riot used or 3Wtlb0liZ8d tlSE Cf fire Card, Yav' must pay u5'far aG amaurr~ dire an your account as sperrfted in tilts AgraersFent. Maur acCOUrn n~rust anty be used for lav~ful tratiSeCttoxts. Aufh~aard tlsar~ Yotr ntay allow authari~ad users tv use your acurt. You trey r~t~5t aiaaat ra€ds far atrffnari~d users. You must pay as far ail charges made 6y aut#ioriaed users even tf yaw t#it! riot intend to be respvnstble for thdse charges. Youy~m,~,u,7s~~~t,, notify tis ttk rep any pErmis~ort you gi~~e to art a~i7'iV114Gd u$rtr t4 use a Caid afi t4 rye y©rrr ~~rit. Gnedit titre: Y€)ur ~ credit hale ~tpe orr the Carrier. The fud an°IOtFr$ ~ yourcred€t line rS avPat'~ble t0 buy S!1'lEc45~ gaatts yr services where file card fs honored. Part of your Credit Cane, ruled the cash aduant;e ntni~ Es available fva cash erhrrtces. Nfe may change your creddit bate or cash ad~nce limit at time for any ran. ldya wG! no~}r yflu t~f airy Charm, but tare Change may teite effect :be#a~ you reren~ fife notice. Tfae tcita! batarsce orr yawraet~untr,induding periodic finanei} ctiang~es and fees, Est aluray5 rsrrrain below the Credit . Fiavr; !~ file tat~di balarsCe exceeds your Credit titre yQU must st+'N l~Y us. tf your accaurrt has a Credit bade, we ma;r reduce the a~iif Ce ~ arty Hato charges riot yteu aCCxturtt You riot rrtairdaitt a credit 6atance in-exc~ of your credit Bale. 8i€lfeg Stetelteetr~ Your bi[lirrg statement shows the total balance, periodic friarir~ rimes, fees, minimum amount rfue, and payment due date. It aisa shows your current credit time slid cacti advanC2 limit; art iterrtiaed iii taf Current charges,. payarrertts and credits; a rate summary; and 4tfier irrpvrtarrt infarmafEan 4'~!a deCrv2r a statement tQ ~ty one address. You must notify Custr~mei' Sen~Ce of a Chari~e in address. [t ure deem your accatsrit uncollecilble ar institute cvl~ct€on prdce~ed€ngs'by sending it to ocrt~ide a~enc~ ar aft©mey for caEFectiQn,'+n~e may stop sending you s#aterne:rts. Per€cad'rc fnariee charges artd tees cantmue tot accrue e~~rt if cite slap sending statemetrts. The iota! amount you dwe us appears as fire l~ew 8aianc~e vr. ttre bixfwtg statem~ti To determine tht € Satance ore i~gin vrith fife fniat 6afanae at the start of fife biting pEriad. UJe add any pun~ases or Caste adsr,~rtces and subtract arty credits or payarients Credited as of that hilfiltg period. l~da then add any ppdvdiC fiizarrca ~ia~es a~ fees and make ath°f adtirstmertts. APRs AIPRs $ased rtn t'rime.'~le crlate arty APR' based ore the tl.S: Pritire Rate 4'iPriane Kate" by adding the appG~ab€e amount tti~t appears 4ri the card rarer t0 ttl8 Prrme Rate. For each f~lirug 'period vge use tttp ~ Rate pglstied in The ,.t ~lotrrrtal two b€rSiness days prior to the Stat$menitGiasing Date far that.bGGnp period. ff i"fte mall Sfreet.trx~m~-d©es not pir6iisb the Pr€me; Rate, eve chap subsfitute a s(aaiifar ptEbltSher! gate: A Clta~e In art APF1 dus to a charrrre tat tfte Prune Ranee tales eff>~t as of fife fast day crf fife ttil~ng mad tar which eve cafc-rl~-te tale APR.. We apply try nerx appGca6le APR to arty existrrrg balances, subpect tv any promatianai rate that maY aPpfY l3efatrft Rafe: Ail your hPRs ntay increase if you default under any Card Agreement that yon ftaue r~aitb us hecar~se you fai€ to make a paymei~ tEt us whit due, Iron ®ct~eed your cr~it Gyre, ar you matte $ payrtiei'rt tit its tlea# is not honored. to these CirCUrTt5tSn625, 1~e array autamatieally increase ~nur APRs (in~uting any prvmational APRs vn ail balances to the Default APR, w€tich equals the E'eime liafie plus up to C3.99~'a, or up tv 28.x, 3vhich~evar is greafer. facthrs considered in dstetrrriinir>g }rciirr Gefarrlt JtRR may include how long yalrr aCCOnnt has heart open, the tlrrung or seriousness of a default urxrter any Card Rgreement thatyait Have Bath us, ar artier irtdicatians bf accorrrtt performance: The tlefautt AF'K takes effect ~3s of the First day of file trilling period tit which you defardt We Hiatt tower the ;4PK tar near purchases aririfar cash acl`~nces if o meet the terms t~f all Card ~reements that you trove +rrith us for six cansecufrve biting periatis. existing ~telances remain subj~Ct to the DefaulE hFR until paid in ttri€, unless ut~ teW ycsu ottlervrise. Ellett of APR Increases: if an APP, i:tcreases, periodic irrtarrce charges increase and your minimum payrnerrt rnay~ ir~reas°- P~riodic Finance Charges Based Ore APRs Periodic Finance Charges: Periodic finance charges ate fitrartda charges tha# are added to your ax;tunt trah4n the ,apply the applicable APii t0 the Balances an your account. V-re '. calculate periodic iina,ae charges sYparatety for each balance subject to different terms, far Example, standar-d purchases, standard cash advances, and each promotional offer. Tire total [feriodtc finance charge for the bitting p2ripd equals the laity pyriodtc finance charges far each balance far each day in the 6iClinp period. This method of calculating periodic finance ctierges results in daily compounding of finance charges. ~4Ftjen Periadfe t=iltance Charges Begin 10 Accrue: Periodic finance charges begin to accrue on a cfrarge cram the date it is added to thE daily halarice and Continue to accrue until payment to full is credited to yocrr account. (Cttargas include purchases, tralance transfers; cash advances,lransactian feea, other tees, and any mintnturn -nance Charge.) Ypu can avasd periodic frnance charges cut purchases (excluding bnianCe trarzsl'ers) that appear an your current billing statern~nt ji ydu paid the ~6ew 13alartce on the fast statement by the j+2}ntlent due date an that stolen-gent and you pay yo;rr Nc"a~ ~larrCe by the payment dtle dafe Oil yauE Current statPrtiertt. hyou rrrade a balance transfer you may be unable to avoid periodic fwrlance charges nn near purchase<, as described in fire balance transfer otter. Cafc~ri>}fiun of Periodic Fnance Charges: • For eaClt bafane~ the multiply the lath{ balance by the apppCrcatrle daily periodic rate. l4Te do this €or each day in the hiElirrg period. A rlaiiy pertadic rate is file applicable APR derided try X65. A frilling perlnd b$gins on the day after the Statemerrts"ClosirrQ'Dote of the previous billing period and incfuiteS the StatemsnttCtosing Date of the current billing pericxi. * To get the daily balance, ore take the beginning balance far earth balance every day (including unpaid per:odic finance cftarQes from previous bilking periadsl, add any nevr charges, and any periatf~ fitrance charge on the pra-rious day's balancce, s=.rbtract am,+ credits or payments credited as of that day, and makE tither adjustments. A credit btliarrCe is treated as a balance of zero. • tMe add a charge to the laity balance as foilovrs: '~"~'e add a purdtase io the appropriate balance as of the Sale Date on the biAFng 5tatetetent. VVl(v add a balance transfer or cash advance fct the appropriate balance a5 of the Post Date an the statamRrri. lNe add are{ transaction fans fOr purchases, balance transfers, or wash ad~~ances to the Same balance as the trarrsaetiaR a5 of the Same date tt`re #rt'aScCtian is added ttt the daily balance. The Post Date is the dal= ti}rA rtCer.~e your request for file balance transfer or cash advance, including a request that t7e cprnplete a balance transfer cr cash ad>panCrr Convenience check f;~r a spacific amou:tt. ti you send a balance transfer ar canveni¢ncR check directly to someone, the Posf Date is the data ~ti~e recerre the cktaok for pay=mant. • TCt act the toil periodic finance charge, ~r:~e add up all of file daif~ periodic finance cfrarges for each baianwe for eawh day 1t the baling period. • For each balance, the Balance Subject to Finance Ch~~gs a:r the 5tatentent.;s the average d the daily balanwes during the billing period, If you multiply fibs figure far each balance 6y the number of da}'s in the bftting period and by the applicable daily pErfadfc rate., the result is the per colic frnatCe wftarges assessed tar that batanwe, except far minor ti~ariatiQns waused by rouitdinq. h9initrtum Finance Gfrarge: Ef hre prrtadic rate finance charga ~r~~outd atherr~ise be tars than $0.5U, u:e a`£sess a minimum FI:NAHCE CHARGE of Ss?.59. We add tfie amount to any balance #ha# is assessed a fnance charge. fi-attsactivre Fees Transactfon Fees and APRs: tf you are assessed a trcnsactfan fee far a balance transfer, a purchase made in a foreign currency, or a cash advance, the transaction fee:viil cause tfte AFAR an the billing statenrertt orl which the transaction for5t appears to exceed your noneinaf AP(;. Tiansaction Fee fur l3alarece Traelsters: You obtain a balance transfertf you pbtain funds through a balarca #ransfer cltpck or transfer a balance without using a casts ad~~anCe caaveltience check Yee treat balance transfers as ppurchases unless ctherrn~se provided in this AgreentEnt, For each 6alar3Ce transfer we add an additional FINANCf Gt{ARCE Elf 3`;0 of the amount of the balance transfer. but napless than S5 or more than $75_ Transautinn Fee for Purchases Made in a Foreign Currency: For eachh pur>hase made lit a Foreign current{ we add ann aed'ttiffitaf EtbEANGE CHARGE of 3°l0 of the purchase amount after its conversion irttsr tJ.S, dollars. Fransactfbd Fee for Cash Advances: b`ou obtain a casts a"dvdq(~ if you obtain funds through an autornatsd teller rtiacbire (ATM), cirm~enience check, Name banking, cr frnancial ins#itutfttn; make a t+rire transfer; obtain a money order, ttavaler`s check, lottery ticket casirrri Chip, or similar item; or engage in a similar tansaction. Far each ;.ash i' a advance --+e add an additional Ftt+fRNCE GEikROE of 3p~~ of the artaurt of tfie cash advance, but not less man 55. t C3the<r Fees t$te Fee: `~+e add a late fee to the starrdacd purchase balance for each billing period you tai! to pay, by its due date, the f~tinimum .Amount lace (less the arnrunt Over Credit one shdu~tt oft yvtir bilfng statement}. Ttris fbe is based on your account balance as Qf the payment due date. l# is: $15 on ;` balances up to 5100, $29 an batancQS of St00 up to St50. .,and $39 ara balances of $254 and veer.. '~ ~?ver-the-Credit-Lune Fee: 4~1e add a X39 fee tc the st«ndarrl purdiase batande if your account balance exc~ds your credit Itne at any time during the biitirtg period. tNe add this fee 2~+en ? if iransactiorts we Qutttorize or periodic finance charges, fees. r= artd over' chargtts you incur are a reason thg account b«I«nce ~cceeds your credit tine.l~4~e add this fee et~~rt if tfre «txount ~~~ balance tabs belov+r your credit line by the end t]f the billing period. Mnuai Memhersfiip Fee: w`e add arty «pptireble annual rriersitrership fee th ~e sfandard purchase balance. This fee is n©n-rcfundatale rlnles~ you ttotify us to ^ancel your accourd n+ff~in 30 days pf the rnailirtg or de1i.~;ry date of the bitting statemErd on vahlch tfre fee is billed. turned Paymemt Fee: tN'e add a 539 f$e to the standard puticQtase laalance ifi a pa~rment check or similar instrument is no# Honored yr is returned because it cannot be processed, or if an automatic debit is returned unpaid.lNe assess this fee fie first. tune your chect€ or payment is not honored; even if it#s horlo~ed upon resubmission. F ftetr#rned Cenvenience Check Fee: l+ye add a ~9 fee tp the ~ S$an~fard advance batartCe If we dfeCilnB tR t10n¢f a ~onvenierRCe dteot€. VVe rr~ay decline to honor these checks if, for exempla, the amount of floe check would cause the t>Ialance to exceed z floe rash advance limit ar credit line, if you default. if you did r~ comply uyith our tnstructiRns r~ardinq the check, or if your account has #een closed. -Stop Faytrtent on Canvenfe~ Chalk t=ee: We add a 5 i9 fee to the standard adnc~ ttafance iE ore honor your request to stop payinertt on a eanvenierce the-ck. To stop payment an a eonven~e~ cheat wr1t~ uS at P.€}. Box 6500, Sioux Falls, Sautb Dakota 57117, ar ratl the Customer Sen~ice number fln tyre billing statement li you r~dl, you must confirm the call in vrritittq +uithirt 14 days. A wrBten stop paymerrt order remains in affedt far 6 moms urcl~ess renewed in writing. Betaierie Transfier Checks and Cnrnrenience Checks: Each check must rte in ttie form it was issued grid used «ccerd=.ng fi to any irtistructicns ~~re ghre. The checks roust not be used to pay an amount owed us under this or another Gard ~greemGrt that you ha-~e tivi`~h us. V,ie do not carfit~t these cheeks ar return any such cheeks :hat have been paid. irtforrnatiort on Foreign Currency Carnrersiort Procedures tf you rnakw a transaction in a foreign currenvr, other than a cash advance made at a branch or ATfJ[ of one of our afllliates, F.9asterCard; Visa ar ~irnerican Eacpress, depending vn ~+hich card is used,. com~erts the amount into U.S. dollars as follows: • A~asterl;ard complies 4t+ith its foreign curranc~y cc~r~ver- sian procedures then in effect. hrl3sterCard currently uses a conversion rate in effect one dzy prior to its transac- Bonprocessing date. Such rate is either a v~+nolesale market rate or the government-mandated rate. -Visa complies vrith its foreign currency con.~ersian procedures then in effect. Visa currently uses a conver- sion rife in effect on its applicable central processing date. Such rate is either a rate ii selscts from the range of rates available in +~holesale currency mad:ets, which may vary fnarrE the rate it receives, or the governsrent- ntartdated rate. * American Express complies with its foreign currency conversion prfures th$fa in eflett, tlntess a particular rate is required by appticatrle law, the r`te used by Art7erfcan Express shalt !Se the highest interbantt rate selected cn ttte business day prior to the day an vr~ich the transaction is processed by,~merican Express. if a cash adrrance Is made in a foreign current at a branch or ATk7 of one of our atfiti~~es; the amount 'rs converted into ~.$. doilar5 by Ollr affitlat6 In aCCOrdance with Its foreign Currency ~C(1r1Vt~514R proCedur85 then iR Effect. Our affiliate currently uses a conversion rafie in effect on its applicable processing date. Such rate is zither amid-point market rat~2 or the government-mandatr~d rate. The foreign currency conversion rate in Effect an the applicable processing date far a transaction may differ from the rate in effect on the Sale or Post dat• an your billing statement for that t~nsaction. If a transaction iS converted by a third party prior to sack tratsaction being processed by AriasterCard:l~isa, or Rmerican F-xpress, the foreipn eurrenc~~ conversion rte for that trartsaGtion 9riiGl be the rate selected try ttrat third party. Payments Minimum t#~tount floe: Each month you must pay at le«st the minimum Amount aue by the paymerd due date. E tre sooner,~0u pay the t~etPr 3alance, tf3e 19ss yrou tail! pay in periodic flnanCE Ci12rgE5. To calculate the r~tlnimum Amostnt Gue, are Oegin avi?h any past due amount and add any amount in excess of yaur credit fine. t+4~e ghen add the largest at the Fallavt~ng. -The tdet'r Balance on the bi.llttg suer=ien4 if t is less than $20; X20 If th2 #'tekv f331ance is at least 520, • i°{a of the htevl 8alanr~ (vrhich calculation is rounded daaun to the nearest dollar} plus ~e amount cf };our bitted finar7ce charges and any applicable late fee; or * 1_S°~b of the l~evr gafance (~,tmich calculation is rounded dpiran tta the nearest dollar). F~~gdvetPer, the Minimum Amount Dua never exceeds the ttet~l 6alartce. tti calculating the Minimum Amount due, -vre may Subtract from the PJew Balance certain feES added to Sour account during tt'se biting period. Appticatron of f ayments: t1Je apply payments a:ld credits to lour Ar~R balances before higher A~t~ balances. Tl~t means your sauings tvitl 5e reduced :f you rttat;e transactions that are subject to higher At'Fls. f}ayment lnstrrtctlpna; Payments are creditwd in accordance avith tti~' payment instruetio~ns an #1e biting st~merd. YOu mus# pay us in U.S. datiwrs using a check, sirni;ar instrument, o~ autarnatiC debit that iS drd~,Pn art and honored by a bank in the t1.S= do nc~t send Cash. UVe Carty accept tote or partial payments, and payrrlerlts that reflect "paid in full" or other restrictit+e e:ldttrSytT?entS, a~7ttt4rit losing our rights. Vde rris~rve ttte right to accept payrnertts made in foreign ctrrency and instruments deafen an funds on deposit ou~ide the U.S. if tyre do, flee select the currency canversir}n rate at out discretion and credit your accoutre in iJ.S. dollars after deduCtir3g arny costs irlGUrred in processing }roar payment, or ate ~3- bill ypu separately for such cosy. Optienat tray by t'hone Service; You tray request to make your payment by phone using our optional Pay By Phone Service_ Each time you matte such a request, you agree to pay us the arr~unt shown in the Pay by f?hone s~ctian ttrt the back of the bitting statamErrt. par representatives gee Erin~ed to let yell this amount if you decide to use tills optimal Pay by Phone Seruioe. Credit Re~rtfng yife mate report infarntatiort about your account to credit reporting agencies. Late payments, missed pa'{ments, or other defr3ults art your ac~eount may appear on your credit repack. It yaef regra~t cards on }Pour acearant for others; v+~e may report account inforrtaatiori in the names of those other ' people as v.eil.'~t~e may also ebtai't follc+rr-up credit reports on you (tar exarnpl~, when vie retiierr your account for a Credit line increase?. if you wish to l:nevr t~=17ioh a~e~7wius vre cantactnd, t~rrite us at the Gustomrrr Service address an the billing statement_ If you think tyre repa:ted erraneaus i=lfarrna:fon to a credit repotting ayenCy, write us at the ~ustflmer Service address on tits batting statement. We ;~;ll prornptfy invest;cate the matter and if 4ue agree ~+vittt you, vre vrill car~ct each credit reporting agency to which ales reported and regrtest a earrectian. if, after cur investigation, tan disagree ~rrith you, the avitl tell you in vrriting or by telephone and tell you hour to submit a statement to thaw agencies far inclusicn in your credit report.. Cftanges to ttfi~ Agre~mertt ills may change the rates, fees, attd terms of his Agreemerd at any time for arty reason. i~ese reasons may he based crn informai+an in yaur credit report, such as your failure to make payments to another creditor when due, amoutrts owed to other creditors. the numfier of credit ac>raunts atlfstanding, er tfMe rtttmber of credit inquirtt:s. Ttte~ reasons may also include cempeti[tvve or rnaEket-related factors. Changi.rtg terms in~ciudes adding, replacing, qtr detetinQ previsions relating to your acceurrt and to the nature, extent, area enfarcemert of the rights aind ohfigatirlns yatr ar are have relating to this Agreement. Fhase changes are binding an yatF. Haarever, it the change wilt cause a fee; rate or mitaimurn payment fa increase, we wtft maul yea written netice at feast t5 days before the beginning of the bitting periad itt which the tdtange 6eeotn+P.s eftecOre. tf you da not ogres to fire change, you mast notify us lilt wriii>iy within 25 days after the effective date at tfte change and pay as the total balance, etfher at ancie ar tinder the terms of the .unchanged Agreement. Uttiess we ee#ify ou uthertuise, Erse of the card alter the effiective date et the orange shaft 6e deemed acceptance of the new ferrt[s, erren it the 25 days have not expired, i7efatr;lt You default under this Agreement if }fag fail to pay the Minimum Amount Oese By its etas date; exceed your credit tine; pay by a check or similar instrarnent that is not honored or that vre must return Because it canl~ct be pfocessed; pay by automatic debit that is rzturned unpaid, file far bankruptcy; or default under any other Gard Agreen•+ent that you have avidt us. if yea default, tern rraay class your account and demand immediate payment of the fatal talarrca. if you gave us a seCUr'iitr interest in a Certificate of t}epasit, the rr:ay use tl3e deposit amaurrt m pay any amourst you eves. ~4~ i.'Y ip i--1 WI Qi ~I ~ r AFFIDAVIT I, Patricia Cobb, Esquire, of Commonwealth Financial Systems, Inc., Plaintiff herein, verify that the statements of fact contained in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. X4904 relating to unsworn falsification to authorities. 1~~~-0~ Date: e PATRICIA COBB Executive Vice President 120 North Keyser Avenue Scranton, PA 18504 Apple & Apple File N~~.. ~ ~ ~ a~~ t CIjSI File No. ~4~~Co ~{~ 7 s~ '~ w W ~l Ott d 3 "T ~? C:u ,= .... r;•.a ~_.~ -..., ~:~t ~=:: e~ ~~~ ~~ ~} i3 --t ~_ -,.j n ~ ,._-- 4 ,~ .i e ' `_ ati~ 1~. ~: z^~