HomeMy WebLinkAbout08-1884WHELAN, DOYLE & PRESSMAN, LLC This is an Arbitration Matter.
By: John J. Whelan, Esquire Assessment of Damages
Attorney ID# 44253 Hearing is not required.
712 W. MacDade Blvd.
Milmont Park, PA 19033
610-532-4222 Attorney for Plaintiff, Commerce Bank, N.A.
COMMERCE BANK, N.A.
6000 Atrium Way
Mount Laurel, NJ 08054
Plaintiff,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
vs.
ROBERT H. BLACK
1788 N. Meadow Drive
Mechanicsburg, PA 17055
Defendant.
NO. 08 - I g$ q Civ-( em
ARBITRATION MATTER
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 on you by entering a written appearance personally or by attorney
and filing, in writing, with the court your defense or objections to the claim set forth
against you. You are warned that if you fail to do so, the case against you 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 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
(717) 249-3166
1(800) 990-9108
WHELAN, DOYLE & PRESSMAN, LLC This is an Arbitration Matter.
By: John J. Whelan, Esquire Assessment of Damages
Attorney ID# 44253 Hearing is not required.
712 W. MacDade Blvd.
Milmont Park, PA 19033
610-532-4222 Attorney for Plaintiff, Commerce Bank, N.A.
COMMERCE BANK, N.A.
6000 Atrium Way
Mount Laurel, NJ 08054
Plaintiff,
vs.
ROBERT H. BLACK
1788 N. Meadow Drive
Mechanicsburg, PA 17055
Defendant.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
NO.
ARBITRATION MATTER
CIVIL ACTION - COMPLAINT
1. Plaintiff is Commerce Bank, N.A., a banking corporation organized and existing
under and by virtue of the laws of the United States of America and the Commonwealth
of Pennsylvania having its place of business at the above captioned address which is
herein incorporated by reference.
2. Defendant is an adult individual, whose full name and address is set forth above
and herein incorporated by reference.
COUNTI
3. Paragraphs 1 and 2 are hereby repeated and incorporated by reference as if fully
set forth herein.
4. On or about June 11, 2004, the Plaintiff approved the Defendant for a Business
Visa Account, account number XXXX-XXXX-XXXX-3700 whereupon Defendant agreed
to the terms of and conditions set forth in the Principal's Agreement ("Agreement")
which the Defendant executed on March 26, 2004. A copy of the Agreement is
attached hereto as Exhibit "A" and incorporated herein by reference.
5. Pursuant to the terms of the Principal's Agreement and Visa Business Credit
Card Agreement ("Credit Card Agreement"), Defendant was obligated to pay the
amount due thereunder. A copy of the Credit Card Agreement is attached hereto as
Exhibit "B" and incorporated herein by reference.
6. Notwithstanding the terms of the Principal's Agreement and the Credit Card
Agreement, Defendant failed to make the regular payment due on or about July 9, 2007
and subsequent payments thereafter.
7. By reason of the default and in accordance with the terms of the Agreement,
Plaintiff has accelerated the entire unpaid balance due under the said Agreement.
8. By reason of said default, Defendant is indebted to Plaintiff as follows:
Principal Balance $22,002.51
Interest Due as of 10/30/07 $ 764.15
Cost of Suit $ 178.50
Attorney Fees (10%) $ 2.276.66
Total Amount Due $25,221.82
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
$25,221.82 plus interest at the rate of 13.90% from October 31, 2007.
COUNT II
9. Paragraphs 1 through 8 are hereby repeated and incorporated by reference as if
fully set forth herein.
10. On or about June 11, 2004, the Plaintiff approved the Defendant for a Business
Visa Account, account number XXXX-XXXX-XXXX-3783 whereupon Defendant agreed
to the terms of and conditions set forth in the Principal's Agreement ("Agreement")
which the Defendant executed on March 26, 2004. A copy of the Agreement is
attached hereto as Exhibit "A" and incorporated herein by reference.
11. Pursuant to the terms of the Principal's Agreement and Visa Business Credit
Card Agreement ("Credit Card Agreement"), Defendant was obligated to pay the
amount due thereunder. A copy of the Credit Card Agreement is attached hereto as
Exhibit "B" and incorporated herein by reference.
12. Notwithstanding the terms of the Principal's Agreement and the Credit Card
Agreement, Defendant failed to make the regular payment due on or about July 9, 2007
and subsequent payments thereafter.
13. By reason of the default and in accordance with the terms of the Agreement,
Plaintiff has accelerated the entire unpaid balance due under the said Agreement.
14. By reason of said default, Defendant is indebted to Plaintiff as follows:
Principal Balance $2,412.97
Interest Due as of 10/30/07 $ 83.49
Total Amount Due $2,496.46
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
$2,496.46 plus interest at the rate of 13.90% from October 31, 2007.
COUNT III
15. Paragraphs 1 through 14 are hereby repeated and incorporated by reference as
if fully set forth herein.
16. On or about March 17, 2005, the Plaintiff approved the Defendant for a Business
Visa Account, account number XXXX-XXXX-XXXX-4697 whereupon Defendant agreed
to the terms of and conditions set forth in the Principal's Agreement ("Agreement")
which the Defendant executed on March 26, 2004. A copy of the Agreement is
attached hereto as Exhibit "A" and incorporated herein by reference.
17. Pursuant to the terms of the Principal's Agreement and Visa Business Credit
Card Agreement ("Credit Card Agreement"), Defendant was obligated to pay the
amount due thereunder. A copy of the Credit Card Agreement is attached hereto as
Exhibit "B" and incorporated herein by reference.
18. Notwithstanding the terms of the Principal's Agreement and Credit Card
Agreement, Defendant failed to make the regular payment due on or about July 9, 2007
and subsequent payments thereafter.
19. By reason of the default and in accordance with the terms of the Agreement,
Plaintiff has accelerated the entire unpaid balance due under the said Agreement.
20. By reason of said default, Defendant is indebted to Plaintiff as follows:
Principal Balance $2,677.77
Interest Due as of 10/30/07 $ 92.64
Total Amount Due $2,770.41
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
$2,770.41 plus interest at the rate of 13.90% from October 31, 2007.
COUNT IV
21. Paragraphs 1 through 20 are hereby repeated and incorporated by reference as
if fully set forth herein.
22. On or about March 17, 2005, the Plaintiff approved the Defendant for a Business
Visa Account, account number XXXX-XXXX-XXXX-4705 whereupon Defendant agreed
to the terms of and conditions set forth in the Principal's Agreement ("Agreement")
which the Defendant executed on March 26, 2004. A copy of the Agreement is
attached hereto as Exhibit "A" and incorporated herein by reference.
23. Pursuant to the terms of the Principal's Agreement and Visa Business Credit
Card Agreement ("Credit Card Agreement"), Defendant was obligated to pay the
amount due thereunder. A copy of the Credit Card Agreement is attached hereto as
Exhibit "B" and incorporated herein by reference.
24. Notwithstanding the terms of the Agreement, Defendant failed to make the
regular payment due on or about July 9, 2007 and subsequent payments thereafter.
25. By reason of the default and in accordance with the terms of the Agreement,
Plaintiff has accelerated the entire unpaid balance due under the said Agreement.
26. By reason of said default, Defendant is indebted to Plaintiff as follows:
Principal Balance $1,734.19
Interest Due as of 10/30/07 $ 59.99
Total Amount Due $1,794.18
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
$1,794.18 plus interest at the rate of 13.90% from October 31, 2007.
COUNT V
27. Paragraphs 1 through 26 are hereby repeated and incorporated by reference as
if fully set forth herein.
28. On or about December 19, 2005, the Plaintiff approved the Defendant for a
Business Visa Account, account number XXXX-XXXX-XXXX-9682 whereupon
Defendant agreed to the terms of and conditions set forth in the Principal's Agreement
("Agreement") which the Defendant executed on November 11, 2005. A copy of the
Agreement is attached hereto as Exhibit "C" and incorporated herein by reference.
29. Pursuant to the terms of the Principal's Agreement and Visa Business Credit
Card Agreement, Defendant was obligated to pay the amount due thereunder. A copy
of the Credit Card Agreement ("Credit Card Agreement") is attached hereto as Exhibit
"B" and incorporated herein by reference.
30. Notwithstanding the terms of the Principal's Agreement and Visa Business Credit
Card Agreement, Defendant failed to make the regular payment due on or about July 9,
2007 and subsequent payments thereafter.
31. By reason of the default and in accordance with the terms of the Agreement,
Plaintiff has accelerated the entire unpaid balance due under the said Agreement.
32. By reason of said default, Defendant is indebted to Plaintiff as follows:
Principal Balance $2,615.76
Interest Due as of 10/30/07 1$ 08.88
Total Amount Due $2,724.64
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
$2,724.64 plus interest at the rate of 13.90% from October 31, 2007.
COUNT VI
33. Paragraphs 1 through 32 are hereby repeated and incorporated by reference as
if fully set forth herein.
34. On or about March 24, 2006, the Plaintiff approved the Defendant for a Business
Visa Account, account number XXXX-XXXX-XXXX-5761 whereupon Defendant agreed
to the terms of and conditions set forth in the Principal's Agreement ("Agreement")
which the Defendant executed on November 11, 2005. A copy of the Agreement is
attached hereto as Exhibit "C" and incorporated herein by reference.
35. Pursuant to the terms of the Principal's Agreement and Visa Business Credit
Card Agreement ("Credit Card Agreement"), Defendant was obligated to pay the
amount due thereunder. A copy of the Credit Card Agreement is attached hereto as
Exhibit "B" and incorporated herein by reference.
36. Notwithstanding the terms of the Agreement, Defendant failed to make the
regular payment due on or about July 9, 2007 and subsequent payments thereafter.
37. By reason of the default and in accordance with the terms of the Agreement,
Plaintiff has accelerated the entire unpaid balance due under the said Agreement.
38. By reason of said default, Defendant is indebted to Plaintiff as follows:
Principal Balance $511.42
Interest Due as of 10/30/07 L _L7.68
Total Amount Due $529.10
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
$529.10 plus interest at the rate of 13.90% from October 31, 2007.
COUNT VII
39. Paragraphs 1 through 38 are hereby repeated and incorporated by reference as
if fully set forth herein.
40. On or about March 24e20?0(6X,X e?(P? Plaintiff
whereupon Defendant agreed
Visa Account, account numb
to the terms of and conditions set forth in the Principal's Agreement ("Agreement")
which the Defendant executed on November 11, 2005. A copy of the Agreement is
attached hereto as Exhibit "C" and incorporated herein by reference.
41. Pursuant to the terms of the Principal's Agreement and Visa Business Credit
Card Agreement ("Credit Card Agreement"), Defendant was obligated to pay the
amount due thereunder. A copy of the Credit Card Agreement is attached hereto as
Exhibit "B" and incorporated herein by reference.
42. Notwithstanding the terms of the Principal's Agreement and the Credit Card
Agreement, Defendant failed to make the regular payment due on or about July 9, 2007
and subsequent payments thereafter.
43. By reason of the default and in accordance with the terms of the Agreement,
Plaintiff has accelerated the entire unpaid balance due under the said Agreement.
44. By reason of said default, Defendant is indebted to Plaintiff as follows:
Principal Balance $209.58
Interest Due as of 10/30/07 $ 7.22
Total Amount Due $216.80
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
$216.80 plus interest at the rate of 13.90% from October 31, 2007.
Respectfully Submitted
WHELAN, DOYLE & PRESSMAN, LLC
John/? lien, Esquire
Atto for laintiff, Commerce Bank, N.A.
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commerce..' To Be Completed For Business Visa® ONLY
CBank
PRINCIPAL'S AGREEMENT
GUARANTY OF PAYMENT, For and in consideration of credit being extended by Commerce Bank, N.A. (Bank) to
(Borrower under and pursuant to a Bank Credit Card Agreement) and in order to
induce Bank to issue credit cards and extended credit to Borrower as provided in said Agreement, the undersigned
Guarantor hereby unconditionally guarantees payment of all indebtedness of Borrower to bank at any time or times incurred
or arising within the contemplation of said Agreement, whether for issuance or use of credit cards for any such extensions of
credit or for any other reason whatsoever, together with all expenses (including attorney's fees and costs) incurred by Bank in
the collection of said indebtedness and/or enforcement of this Guaranty. Guarantor agrees to be bound by all terms and
conditions of said agreement, and without waiving the generality of the foregoing, Guarantor expressly waves notice of the
existence or creation of any such indebtedness of Borrower, and notice of Bank's acceptance of the Guaranty. Guarantor
expressly waives demand presentment, notice of dishonor and protest and all other notices which may from time to time be
required; and agrees that Bank may amend the Agreement as provided therein, may surrender, compromise, substitute or
exchange all or any part of any collateral pledged to secure performance by Borrower under the Agreement, and may grant
any releases, compromises or indulgences with respect to said Agreement, or any extension or renewal thereof or any
sedurity therefore or to any party liable thereunder all without notjcd'to"or,consent of the undersigned Borrower and without
affecting the liability of the undersigned hereunder, any of whom' may be sued by Bank, with or without Borrower or any other
person liable on said Agreement or hereunder, and without first suing such other persons or otherwise proceeding to collect
from them. If more than"one party st5ali execute this Guaranty, th-e terms "Guarantor` and 'und"ersigned" as used above shaii"
mean each and all of them, who shall be jointly and severally obligatefi-hgreyndey.
Right to off-set: You can without notice to me, withdraw money fro my
Name (Plea a Print) Sig
Name (Please Print) Signature
Name (Please Print) Signature.
Name of Corporation
or Other Organization (the "Organization"):
Address:
The undersigned certifies that he/she is the of the above named' Organization, and that the following
is a true copy of a Resolution duly and regularly adopted on by the Directors or governing body of
said Organization in full compliance with The Corporate Charter By Laws and applicable law, to-wit:
WHEREAS, this Organization desires financial accommodation from COMMERCE BANK, N.A. ("CBNA") through use of credit
- --- - - -
cards by designated. -persons.for- and.! n. connection-with.the.business.of-ihis.Organization,
It is therefore RESOLVED by this Board of Directors or governing body:
That the of this Organization be, and hereby is, authorized and empowered to execute
and deliver, for and in the name of and with binding effect upon this Organization, a Business Credit Card Account
Agreement with CBNA in the form of such agreement regularly used by said bank; and
2 That CBNA is and shall be fully authorized to rely and act upon said Business Credit Card Account Agreement, and upon
directors from time to time given by the of this Organization in all matters relating to
issuance of Business Credit Cards for the account of this Organization and use of same by its personnel in accordance
with said Agreement, including but not limited to the number of Cards to be issued, the persons designated to receive
and use same, and any ch nges of personnel among those thus designated. I r
WITNE S seal f said Organization this a?0 day of By: Title: Q as I D ?,r1T-
Signature of Authorized Officer Corporate Seal
PLEASE SUBMIT WITH APPLICATION
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COMMERCE BANK, N.A.
VISA* BUSINESS CARP
CA161t YARD ACCOUNT AGREEMENT
•'("AgI1IMeM1") And Ohe18wn Under
the Federal Tru1F Is Loriski Act
Dear C-1-
This Agreement is your contract. It also conaain3
disclosures requited by the Federal Truth in
Lending Act Pteese read .ff of N end keep A for
your records because when you have accepted,
signed or used your Card. or me Accarnl, you have
agreed to the Irma of The Agreemenl.
Cornmelce Bank. N A
Cherry Hl, New Jersey
in Ink AgiesmeM the +Oedz you, your And yours mean the
Cardhd1"lr(SI. ilk Words we. 4s and irr mean Cannata ff.na,
N.A, cheery WIN, Now Jersey and Airy agent lwdugrr which IM 1
Accowl It ItImbNthiml, - • .. .
you do 461 hive Id $411 the AgrbelilanL pal once you hews
accepted. S1.2ned of used Ilk Card, Pyle Ar&6un61N.Agreerlknl _
wit be in force.
the fotlownq MAniumns apply 18 she lemwnsogy used in this
A(rtemealandfanyew moaMysalerneM.
Account-The MSN Autnesc Card Cash •teouhlf aolrmed
6y lot lot yarn use which it subject. to the verms and
C6naitne of Into Atimm rd. . • . -
Annual Percentage Rolle-the cost of y6u credit as a yearly
rate
it" Cyela- thi Ilme IMervl between re"I mwpffy ill"
statement dales, this interval IS considered to be #qusI
heervds of eM Worst a ban" date vsnts mat thin sour (4)
days h6dl der regular dsom .
Cash AlAinte-CiedA evlenderl by us 18 you In Ie Iotm of a
loan made when you presets Ihn Card to us or to Any Pnancial
institution honoring the Card, 6r ate it any other CledN
Instrument, device. overdraw coverage plan m aunmaled Mkr
mschhe we make available to you. -
CArd-Any Yam Business C"id` I subject lot INS agreement
issued to you by us. or ww srgle rhea device thi used
from amt to wine upon presentation In ablan cagey,
lafrN, or. services, on credit. *Card' Is bneled when you aerobe
credit by using your actin Mother whinge using Ile Cad.
CANhofder-the hAWIm pwsON Of An COMmexhiNK k AWN cotporali6n. 0irinershlP, pr6firidofshipj usbclanoa.
cdgei aDve. esia1L Instill. W .0 . Meant saw 18 whom a chill
card is Itsued upon the Toordl of RiAWAdan 6f"natural
peon or organization for any gur0os(, Inchldp consermr
credit, business, CommerCIK Of b rlclllttrl NIT Or i MOSS
ration or orgAR1141166_wn a het agMed.wllh la t0 Pay:.
obligations arising from the Issrana eel a creel Bind to
m "Allier person
Closing DIa-The dal( of ft fast day of I M" Cycle.
Credw Lkle-The mbkem Armurl d credit avail" M you as
sec fa the Account by us from Bra to Ind. :. -
FMAnct Cherge-the coal or COW Oft~ 10 you CA ele
Account r,sotring Iron a0dyfrg a PIN Rate 16 No Areraee
Daily Ba18nces d Cash AdvilwAs ant mrebaaBi.
New Betime-TN atclslrl balance outstanding an par Closing
Date.
Other Chuges-Chirgts to your Account other than Cash
Advances or Prrchases. Omer Charges arm Asian In
pa-Weph (d) of 0% Apeon i
Peraedlc Rase-The peecemaq rate of Finance Chirp krposed
aahsl a balance rot a rwrnd. In ew Aereemant a 'Moody'
rerkadc P/e Is used.
Previous dmlance-The balance d end Account at go beg'
ruils
d PN Bain Cycle . too is me, same Alldwd what was aol-, as
New Beianct on wd CID" DAn an M'sllendM Id aid
pecedriq BiArig Cycle.)
Pwchesea-EyteN18ns at Credit by us 16 you lair purchases
throaiph sellers and letters of goods, labs, irdurance walla
Semmes Thai Is" your cad.
User-The personf sl "hofitted by a Cardholder to Obfain cltdl
W"A" an CCOW whether named in M JTNxNc llen am 3 User,
or otherwise.
TFNMS AND CONDITION&
PucA lslilcJ_"t JldvlctLXoa.CAn-uN the Card aOa -
FurChaies and Cash Advances. You will ewe us Inv I"Aee
anounts plus Nnowee Charge and Other Charges, d any. Bi
payable In United Stases gnawc
ft"by, 12MI , N yrer have an orrssanding peen or chrom New
Balance n gwms of 11.00 or it then Is any finance Charge
keosed Meng a Blatg Cycle we wl shed in you a tlallmerA
you muss pay us Inr If we erect. In Any awry Ica whom we Rantkr
and Assign your Account) according 10 the Terms and Committees
or The Account,
TO- find Conditions (Inclmelrq World Troth In Leadsnq
Disclosure)
(1) Thlivnikl18Liasm9er which a Finanu Chars urn tie noosed:
(1) puchmses A Finance Charge that wait accnd from tin
Iasi day of the nett Billing Cycle will be imposed on
Purchases nchWed n The New Balance when gee enne
flew Balance Is not paid In full within 25 days 01 The
Plhng Cyrie Closed Dais,
(2) LASIJ_Ad-1 1. A Finance Charge In the Term on a
periodic Rate Ih AI will sectors from the data of the
transaction on do fast day of the AAMg Cycle, whichever
Is lane,, to the data 01 lull payment will he imposed on
u mSaclNns lot Lash Advances. A Fnanca C.haqe in IN
Ism of a Lash AAwance lransaclbn Fee wa be
knpoxd
on each new Cash Advance transaction posted during a
Bang Cycle. There Is no Imo period wi01n which you
can repay a Cash Advance without Incuning a imanca
Charge.
p) It your Account Is subject to a Finance Charge. other than
a Cayh Advance lrsneac 1" Fe. then IN mac that you
pay and l'e sooer you pay IN less your Finance CNrp
w De
let Lhr1__math2d d dglVrAni o the balance upon which a Finance
Sswys in be fmcoso ;
We. will figure a portion of the Finance Charge on your
ACC ."MI by a every a Monthly rulndK Rate to each ul IN
'AyeNpe Daily Balances of Purchases (excluding culfenl
I(ansaclionsl and Lash Advances Including currenl
hansaclldns).
(1) Puichatsi. To gel the 'Average Daily Balance' Oil
PUtChasis, each day we lake the beglnning balance of
your ACCO-I allrihuTaae to Purchases and subtract
spollcabie Cred•IS and Payments, unamld Finance
Charges, and Olhrsr Charges. Vas do not A6d n any mw
Prrchases, this gives us tie dally balance to Purchases
Then. we add 11 the dally balances Ia The Olmp Cycle
and divide the total by the nnnbe, of days in me Biting
Cycle This gives is the -Average Duly 0lance' of
Purchases II rte Previals Balance of a current filling
CyUe Is either a ?erg. A Credit of A darn balance INI h
-,I In I.., -hin in. .- 1, Afar our ,1.. -- r...,.
FEE-18-::008 13:53
(NOVI 2. 13 JR 14: 1`i,'ZT
(21 LaILI Edyaneu. Yo pal me 'Aveoyye Derry Balance' of
Lash Advances, each Illy we lave IN oeplrmxq balance
of your Account anrNuable 10 Cash Advanat And. As or
the dill of no 4lnimilen', we add new Cash Arlvantes
and subirlel appacobe Credits and paym•Mt and unplld
Flnanc! Charpes. This fives as amt dairy balance for cash
Advances. Then, we add al the dm4y is inees for the
Ble.q It" and dMde IN total by Ina n%abor of days an
One Sitting Cycle. this gives by the'Ayarage Daily
Balance, of Cash Advinees.
' 114 dale 61' vie MnsncFor, R move The p i*V one.
w1 mu"Ir me amount d feet Rfiucnon by th! number
or days tedsi'ma q Ins" the date of me baNaclion or
the Msf day of Die Rattan I Cycle, ~am It Inter, to Ina
Potting dale and faced the product #M Iba 000 h8fame.
(tl jh?lawC CNANOE bemq)<gimp a Ainb L1di1 w btlh
Lm?LRt?mlltls?L '
(1) The Am
16 Dally Balaiae of Purchases m4npfed by a
uomhfy e116dic Pali el 1.151% (corresponding
'ANNUAL PEACENTAC6 PATE of 13.1%) OB 1.90.
wMrhwvo TO grearee.
.12) The Av mage Daly Bwnee of cash Advances moalilded by
a Monthl ; periodic 113111,61' 1,151% (eof(RSpondmg
ANNUAL EAC(NTAA HATE of 13.1%)
_15hihe afhbuhi o"Sill-AiW Ceah-AewenerbmnsiellOn -
Patted 4iMg a Bi" Cycle mulllpNd by a Cash Advance
Tanshemion ee of S%, a SSOOO, whichever Is less.
'To) IiKJnnLl?tld>?MLI?heLGBY?M?seLOeJm¢4aA1
(1) Annual Fat You agree to pay in &met fee according to
me following $MOM:
GLd _]§Luld Per Ace6urd Charge Per Card
1.5 $3500
6•IS X00
If or man 2S.00`.
The fee will normally be Charged to your (wrchssl
ACCOON In lie *at ImAng pUiDtl following IN Month M!F
yew Card vas Waited any Ptlleaner in Ian Rank OVA
Bich vex. the metal arenas let k nova-nfundabte astir
the Msf Reelection for a Purchase or a Cash Advance.
the newt wawa) ice N non-Mumdable NOW 50 days of
I OOV Iw slallmlN on AADch Ie tenewl annual fee is
bled.
12) lAli 10" CMIN. We f "y charge you a late throe of
115.0,1110 youa de _m ppay wva mnbrwm n.0 a payment
W" Is mays aer 9 PaemM De Dals shown an yew
nner•pry s1Amma sL .
(J) ?II?ILEAI. We may Char y0o anovetbml lot of
5515.00 "111111111,01, the New BaUnc1 an Yew monthly
31. If 111 It mac Ilan your ends LIN. .
(4) loo Vie emay Ibrpe you a hHumid hem fee
d 510.00 yettr uynMM N musised So am far
". kTwee10 NW at an_yvablh Mason.
1'• 1:?6118A?l16117ti2 INeV
to any y aspect eecctt of of 1't1k.16i ..
cedes er ascirenta IrreMl•d PN binq
amp re•aweolt pM"L TN fM IW may be 1tlessN
we: 53.00 par sal" Me of each adwwti dial Imed 15.00
per slavers". Then wM,bo M charge 10f requests.
n4ing so doe ctaftsew.40 an lens d IN aalega11111 d
We may *=eh you a q! when you reliesl a copy
do to lov of bar ill"mereamM. VN rosy be
iake to ncom a C60Y d 118 charge by Co111acWig Ihe
- wwrch rk ArocOy.
(e) the eatNteN WA, m ndo w?edv reidn jr ' a wtr
um 16 JORT h him" IN pawilLt dare
LAIAYIId?Wli i'..
am w o cash, we may ilk yen all secure your Account
balance by owl us a secum 1"181111 n abniA of yew
personal propery (Saeb as on arlbmo ills We deposit
aecoaall. N we b, we ell Elk you is glen a eepnle
decumenL known as a secotly greenmM which Wffy
descobet Rile personal proof" Ira ew rooms In N. to
eddAlamn, are NYy ask you so mlex;f nd delve ~ dealt am I
IN Order d pales OW Nghi1. It you 4K* net 18 ton tie
mom* agroemi we may tleld you Adomill Por d
plderly &no" aMwu f.a?i,n with W may same secure Ids
Mcdinl Personal prdpMy sod*. q this Account may Slip
factors dew IpwN with wt.
eft ?(I I WNW 241 days ft t 0*1 oil!
of No."" Cycle Lawn M Your flaunt K you nwsl
_ _ -.pay Jour-balance RIAll or. it want-eD16n?e?nlnMtlum ..-
OavmNl as determined arcordln Ill tine fopewing
uhedule. A neldred r0immin m6Mlxy paylTleM aM be
ant graa esl d:
• 2.e% at yaw New Balim it (founded to The uansl
.hole doamr) _
11500
• yew ongie New Balance; 111133 than 115.00
121 In Wdkim to IN above, the jr Yi verve payment Al also
Include got amommt of any past due paymonU mad stir
amounts by which the New It InKe @"ads got C om
LIN 1o ad Account.
15) You can always pay ratio, m'n yid requited m1rdm rm
monthly psynni but avail I live b, you I NSI stiff
make hewn requited mthI mn.psymeMS Bich eaOMh.
41) Yaw pay time Mt be amoses' to reduce the endure you
owe us In per lolbwaq order
a. Finance Charges
b Other Charges
c. Phcp/ In ft lolpwng adirr.
• PryvbofN DAde Cash AdVancee
• Pnevibusly bllad Pureha?Is (oklesl hut)
• New Cash Adympen
• New "hates (oldest As1)
However, a reserve the might to apply payments In
any mapdr.
(S) Payments must be In U.S. IunIs Von mull use the shot
we send to you wM each m110h1y slsae ri ant mall
4 l psynNM to The addroet I" air Mt puppu 6"
he statement. Tbod payr,014 maceired by LOD rm. on
any busMSs day wl be cntilkp on eel day I yve make
a Dayment at my other klcaeun (Including 6w branch
I= or Ihroagh Audmated NOW, MJCfr4dt). ?eAA 18
your Account may be dslayM tot up Is live business
days.
(6) A credit will Mal be r1fied an a payment toward your
eotsimding balance. N because d an everpaymem Of A
credo. Nit is a credll balance on your AtcrNM. we awe
refund the femanino balance .thin seven business days
Iron receitri of yew wAnen request We win make a good
kin effnl to relund my pan of a credl balance greaten
mac 11.00 remurvng 6 you, Awowd Fur mme man ale
moe1N.
101 T9L1F10MIfYJm Ina gemft.d yH_ rtyou, Qwd vrw may De
aahN Inr the uneutlnry7eil use of new credd card. You end
n01 be gable fo UaauW7ad use par occurs Joel you mj*
us ai Commerce Bank, N.A.
Credit Card Department
P.O. Bas 255-1
95
P.03
14 NU. 4370'<23`iG:
FkGIQ
?'? 1' dried, or pasilbk maurhohtfef
a1'NIset, weed Moo for each
!L TMs
1 bld_Ytt dgMS and
rv}lWlaila?sfq .
ft 1 Yi{Alwit liboul Your TOO
'??,' INjii6ilt.fs'rvelig; Dr II oft need that!
InfdrnlillENn bbul S 1)Myaeflon oa gout Di{. wide us on e
tederatl ! C. 311he Addreet do your big. Wnlr to us, as soon
A3 potSlN ti<We.Rlusl Maf hbM you no later than 6o dayf
abet wt life yd b,i hrtl bill an which gal error or problem
opptetid. You can ftleph6ue us, but doing to will flat
aeeerve V60 name.. .
In Vnun labor; give us tie following Inrpmslinn
t Ybur eamt end account number.
f The dollar Amoua of Ind suspecled error.
e Oescdbil The error and orptain, it you can, why you
beMve there k an aroh. 11 you ""it male mIDRNIbn,
ditcdoi the Aem you are not ate about.
It you have lulhorped Of to 04Y your "'oil cud Dill
aotomaticaAiy, from your Sannda Al thstv109 account, you can
area IM payment an any am yfr think Is wrong. To slop
the DAVftenl yaw killer true reach us 01104 business 68Vt
balOr! IN atOmilk p1YIMnt IS lChfdAed to OGCer ,
Ybuf Aighis ind Our HliOMdlblglks '
Aher We Rater" Valet Written Walk.
We Must Atkin viev, ybt later union 30 days. unless
we have torferled tat error by theJr MtOh 90 days wf must
ease. carets !M crro: of tMIsIn 'why wt btee. the bar was
correct - -
A"er we rtctbt your kern, we cannot try to Cowl any
Amount yon question, or report you is devhgWa. We can
CmOnue to bill you la Ihe amount you "Sm. Incbdin;
finance charges. and we can apply any unpaid amount
against your ttedll limit. You des not have Ill Day 0;
questioned wA surd walk we in hwes"adng, Der you are sat
obligated to Day Ihe plot of yaw bbl MN Are era in quesllon.
e we Ik,d oral we made s nilslalre on you NO. you will at
have t i pay any IInmet Charges related to airy queutpeud
amount. It Wt don't make a misuke, YOU may nave b pay
frame charges, and you Will nave to mass up any misttd
paymenls on the questioned amount In either cast, wit vale
send yar a slatrmera of the amOnnt you owe and me dale
that t is this. :
if you lag 10 Day the amamt pat we Mink you owe, re
may report Vou is delinquent. However, a Dui e.plan0an
does nol satisfy you and you wyNe to us within ten days
telling us that you sue refass to per, We meal Ik 3"" we
report you to MA you he" A question about your bit. And. we
must tee you the game of arlyau we 14001141 Yore b. Wt
must lea anyone we rago you to Man IN manta has been
settled betwean us when it ill* IA. :
11 we dent follow ewsa tire', w can't celled ell first 150
.1 14 qt oreldf ld amour". eyln d ytur bit grit Wired. "
Special Rule for CreeN Card Purchaser
p yon have a problem with the quality a P10010Y of
smvkts that you purchased with a Cladtl card. and You have
Vwd M Ocilla Ilan N correct the mob*n with The MWCh2K
you may havt tyre right not to pay pit .t4.t*wrg aMarf this
on ate property a terACes There are two MkaeOne on WAS
right.
(a) Voru must have Milan ow purchase in yaw home slaw of.
v nOt lwtw you, home state. within 100 mites of Your
c's ent matng address: and
fill The ptehess coca must have been Mae than 150
These Nmatllnnl do not Spay N wt awn N seallf the
M tenant. of IT we moved fine the Advertisement ton the
prquny of services.
AODMONAL PROVISIONS
I" site Agra to an a Ike 1046.14:
0wnvahlo 1 Cards. Any Card a Other uses Instrument M device
which we supply to you Its our pospsrM ask Doti be retuned Is
us at art agent ImmedlaeHl ~ dowwA. you apes M fan any
Calais) wvch may be issued 10 you as soon 35 Yaf raelae it. 1
we ask, you will destroy The Card by calling e M had, ant will
st-div, a to us or ore apenl, mat N 10 us. or sou a West ant of
w offices pal we direct.
p ey aotul1. whether Obtained far or by a
omained under in Acc
User d Me Account. v more t mote than one Cadhoka. Ihen
each woo be liable, jointly and sevMay, Jay 30 Cleo" oblAbed
under an Account.
Clear In Vnn will rot usf ale Card to obtain credit M recess of
ore ernuunl of the Credit Lim avaaabk to you on an Account.
Hnwovor, it we agree M venting in Temporal" AOOw you to exceed
you Credll Lhw. you agree in reppay the "CASs vndMd according
to the terms apes Agreement. We can In crease you Gedd Lt..
at w dlsa,lion
LOa. a Path at Card. You see responsible la tat possession and
use of The Card a" the ptfSarat IdenMkatlvl atel12ef we may
assign to gnu. In the event of less, "nth. or possible unauhdred
use n) the Card of personal Idenhficalion ournbar, nobly us
irnme,h,40/ by calling 6N-751911011. Makay-Friday. 900 a..
5 00 0 m. AnyY lime after 500 p m. or during weekends or
hrairdAys, core 1.1100.8,11.2911 (cat toaster 202.341.1005 from
mvsidr the U S 1 to report the lost. Ihen, or hmouhaked use.
I these mor"m are rral to tie cord Ire gins, a W" I You further
a0ne nn cnnfilm iris nmice in wdlirq wn,en too 121 days al:
Commerce Bank, W .A.
Credit Cara Depanmenl
P.O. Bat 2500
Cherry Hill, NJ Oeo34
busmass Use of Catd, a 10 0l more Cads My issued by us for
use by shyibYees at a single baskets a aner organization. soh
dtsi ess or doer orgardnlbn wiY be Aable to "bunked use
nI Any such Catd%. but In no case MAY Dry artiness or Other
or 93n4allnn or we impose liability per any employ" 01 sucn
Dushross or nfhee aoaaaalvan with respect to unIuMatzed use nl
such Card eveppl in accordance with and sublet to file Nh•r
Novhimrn of that Agreement.
T14n0 QqL You will rtt* for statement vedrkalion your coot'
eTT eadr snp (IkkCUdgnj rtsulong nom even pulcMse. Cash
Advance and othe, transaction an you Account. We wis provide
yav weh phctognpha. a all'" dnaumentary evidence a each
Ifans2CfiTwl I=i yaf+ r1non30. reMleit a upon proof when
nolicr of x hv6na enor Pleasi rtler To paragraph Idl of this
Ayietment aplwned 'Ins canollgnl udQLLL$L? Inv Olne,
Cha9ss may be mooted "
flnanclal Into[ OIL_ You agree to give us tram Use In lime
whoever financial information comem;rp yourself that we MAY
request. You ndenland that Isikrrf 16 c"Ply win our r"ue.l
may cause your Accmmlffi to be lenvwted by us.
1f1mlaA!,IgB..9f?tducd90. Wr can lefMNale your flphl to oWin
dvahcns a educe your Credit Lme At any IVhe wyIbW not t In
you Such 1•rminalron at reduction will mil affect you 04100n lip
Pay 1k amount 044
L42%1gaDau
I We MAY Cancer, yru, ACCoubi of t!nk.e On',rd mile, Mis
faros, cut in hall, by malty q them Io the address as prw,ded
an the ben paragraph.
1. you may cancel this Apretherd it any lime by wining to us.
You must teshen a8 outstanding Cards, Cut M hall, an your
notice ark MAN Nunn to: -
CboMm6;6 Bank, N. A.'
Credit Card Oepeoment
P.O. %K2540
Chatty I4L NJ 08034
Cancellation vdl be eeecim imo edshoy, she wt recelve Van
oulice sndla all Cads. i ' '
3. Ater cancellation, our res a elslallty Ill mean Advances 10 you,
a far Ypu. war slop Imms,lAtely. We may increase al luhre
requhed monthly, ppmerdf to a tired Mot" annoying equal to
11201h of Ike highest batznte of your Account On a after
caoceeatbn a $100 00. whkhever is Nrelin. AT pt Nine a
c+ncelatlon. the rest of IM t Agreement wit sin stilly to your
Account what you pay 4 ON .
1"r" d Aral L Ymr Camgl Iransler an Account to any other
person.
Hdodfb 1 -ad We IN not be responsible Inv the tal ," ar
orbital of anyone 10 hones the (:red or any Will char Instrument
a device rte supply to you.
Df,keoAL N a shier agrees 10 9p'e you a rel nd a adlusbgenl You
will acOtpt a Cleo" iip la your Account b neg. d i caah Idund.
??? ?g?? rypy;jppC pOAa, Ya wi advise us
promo„yTi you tkarlpe Yow mat addess. We c+n acted
address corrections retdyed Ifam I U.S. Postal Service. AN
when adi,ee and Stl~ t ty, u% to you will be Sell 10 sour
address as N appeMS OR w records. An waken notes and
Johan, Is US should be amt of us at eu1 SOd/all of sill bask
above. 11 Mail if more than Ike Cardhoku on an Account,
dldvery at nonce Std fl+bhlOIS ba any ON at our CardW6-&
will cansUlate delivery of Pokii led ilalomtMS b eA 01 gas.
Get Beoonl. You guilholdle It b make Of he" me(% any t(Md
implnrmea and kwfieg+ave vapvMT as we deem apMaplaN
he NN dklensl" of enA a 01116116 Of lendwi S awMg on the
Account. We can brrllfh Intam:lioh tnncahing yaw Aocewrl a
coedit Ala in caasumer rapOna4l Agtncios Too anal vino may
properly receive pat Inharmsehloo.
kMAdu p%vabbus. We tan aCNpl lilt paymenb at partial
paymentf, a checks and motley orders marked •PRMWK In hall"
wMiap IOfkN arty of our 14ms wa1M this Alinement.
mll6
1. We maY require you to pay fit , MAI baWrct an you, Account
N a dawn octal. Merest *A wre?we At pu agreed felt was
we Are hilly paid. You agree 0 it WO can dfclare yew ankh
balance Imma0laflr due f. -
• You oft rd looks o inquired payment to Its On Ilene.
• you become past due on Ny Dow obligation you have
with us:
• you evicted your GeM Line, -
m.- you mks psymgnts oAyaggA-dvyv II+k'M WWI advanced
t Yes IM to rfhfn CardI +ik far Meai. :.. :
v yell etdias any prpvbbd Id tins Agrwom, Is My aver
cm*3tt a lw"mom wm It. - .
• you wpply, us *0 take p IMslik*4 C" Mlamsrpu.
• You dis Nle to Mw 1"ad 40aIns1 you) a proceeding M
bArwrupkY a eleMlty, a atria P+Y yea debt.
• Any judgment, Aen, IHae mflN or necullen Is It Wed
stahe You a raw 0"" ;.
2. Ups doctor% you -ACCOMal M IlelauN, M MAY brmbuw
your credit pfhMpes and fal lMe you b surtMhaer A Calais)
M us. our raepoined" 10old16 1r"Inc" lo YOU, a fa You.
we slop VnMedieWy N a MIW 7. %. -
LolACbntaW. N we s,e Yer b I?Oany .. you rent of
so4r kids A9rfenafnt. you vent OAY/ n 1 elMNtllen loll and
C-*Clko cost, Y pemom Iy feet, bNlu ion wnbA "*I%".
MIN avy's was Mho court cash. ; .
air In gmaloard We can as ly, kniacky any di w d9Ms
?p o provision of ? j Agreement lowaV nd be waiver of Nu same witimeass to way aped ottialon. -
dgp0 ha SUbW to any IlnYuh?d floNca. we can aa stye
CAN,
A3ree h fat of any Vote. OU 111 ERSTANO THAT W CAN.
AMONG _ _ I TMNOs, IIICIeEA'?E On DECREASE, OR EOTH,
FROM TIME TO TIME THE ANNW i l IKEMAGE RATE, WNN:N
WILL RESULT IN A cORRES11bNO1NO CHANGE IN THE
FINANCE CHANGE IMPOSED. Eklld) tely! 4 nt will ill" 10 IM
N0alkAl" C Rati0. ft gait N o at Ink All tment. All L ~"d
We of IN Cud on of aRer Its e4beM doll dl pre Chop WON
GrmSINM apreiwn Is 1r" eMerrd N you do net SEr" b Ike
AnNndmeM, You M any Iher must dal Wes yea or NNd Card on
to lifer Ike elltctlve date of the amendmont. In MOW. N
pemrIned by low, we maY "kf f 18 haft 112 In voodoo h pal
you do not apes to me anakmea' And ratan your CMd(%), cut
In ham, b rf n a palae er ehealvf da12 N 1r" elriandrhnera. N
you do not apes to the amettdmljd, pre tans of your eriskrp
Agreement in coNkaN to apply in The ouslMrdlrrg balAnce.
bmmlE.
i. We de not aequke GedN Insu,nEe on Vote Account.
2. From lime to Dine, we may a"a w cuslaentrs Credit Llle
andor Disability kLfu,antl. N yiht wed 11116 praecOnn. you
will bare in Sipes a written regwt++ ar a farm we M supply.
3 insurance coverage will Mal DO tillable la out caslomers
who have reached CMatn 89,12• Also. Colville will $lop
+ufomoncaily when Inv hatted Peef00 goes over Me
mMkrkrn no permuted by the joky.
e A cent"Cale descnbkN Ill cMirApe will be matters to you
vNhln 30 days 3021 cm1130e1baglns. Only the pfrson(s)
named in The ceAVkale will ba dravad. The Insurance ORer•
you, acceptance, and too telpflfate wed be par of Ibis
AgmemeM 1
S. We will chary Tha monthly, h"urance Diatom. 10 your
Accaml as a Purchase.
6 We, or you, can camel Yw Inskiam, coverage C-dnalrne
must be In writing ant WN 146 enact 15 days alter nolke is
aNSn.
LplatdEa OC"2MMOKL IT you ufe Yda Cold lor
Irensacllons in a currency olhalf than U.S. dollars, The
parrsathons will be converted m TO d rsvt, 9-130Y us"
eNMr A 1n povemrtNnI "ndad rata a pl) wholesale Markel
,Ale In ei?eCl the day DelOre Vie Ilinsiclion ploeessing dale.
Inclosed by ant pacent'1%1. N A 6MIX t SUOStgXplh ?14n
la a Iraosacllon, 4 will be dec,castl by one percent jl%). I The
c,01 has a dilfarenl prbrresing draft. then Inw en:hanpe hie M
the trede can be pNlerness than that M the w1for pensatti-,.
The currency conversion role rat IN, day belwe the hanssclion
Voli ssng date may finer horan the rate I. .".,I at the it- nl
Ott kw,sac,'ron or an the dale the h.msaahon If posted on Your
A,,,_N. You are" to uupt the convened amovnl in U.S.
daises.
CAL1j2nv_ydd&4j,,h nt3 lei gale ko D_Qr1s. Captions And
cacmines Are intended solely as reels to cnnvenea reference.
and no tle-, A as 10 Intent with iesped to this Agreement may
be dawn 11" mem_
o ;mngkyv, this Agteemea h gcvemd by fedaal laws ant
the laws of New Jersey _as•14Y ear 11 ppfy 11 any pan of this
P.03
C
'"&" mi6erce .
CBank
T? aR completed For BustnpI VISA 9NLY
PRINCIPAL'S AGREEMENT
N.A. Bank to nk/Harrisbu GUARANTY OF PAYMENT, For and in consideration
wer u derand pursuant to a B nk Credit Ca daAg eement)rand in order to in-
Gua ower
(Borr
ned
und
in said
Bank to issue credit cards and extended credit
ndebtednessrof Bor?owerdto bank agany t men ohtim se n 9 rr d or aas ng
ons of
hereby unconditionally guarantees payment of ds for
such
any
credit within the contemplation of said Agreement, whetr r issuance or use of credit (including attorneys feesrand co s) inc ur d by (Bank in the col-
and
for any ocher reason whatsoever, together with all expenses s to be bound
by all
ofGuaranty.
ons lection of said indebtedness and/or enforcement oalithis
the foregoing,rGuara noreexpressly waves noticerof the exist naie or
ves
of said agreement, and without waiving the gene ty creation of any such indebtedness of Borrower, and notice and alBother not ces the Guaranty.
from t me to me bepequi edaland
demand presentment, notice of dishonor and protest agrees that Bank may amend the Agreement as provided therein, may surrender, compromise, substitute orrrexccha ge all or
Borrower under th Agreeent, and may. grat . . any releases,
any part of any collateral pledged to secure p ? A mance
any extens n ore enewal thereof or, any. s curity.•therefore or
compromises or indulgences with respect to said g ned
or anywithotheout (able oni sa d
liabil to any party liable thereunder all without notice to or consent thdorrwigthout Borrowerand
rom them
the undersigned hereunder, any of whom may be sued by Bank, w collect
more Agreement y shall aes Guaranty, thsuing. ms "G arrantor" and "undo s gtned" as u ed above shall (mean each la d all
than one party shall execute te this Guaranty, the
of them, who shall be jointly and severally obligated hereunder.
Right to off-set: You can without notice to me, withdraw money from aceo o thi gua nty.
Sign re
NPlease Print)
Signature , t .
Name (Please Print) . .
Signature
Name (Please Print)
Name of Corporation -
or Other Organization (the "Organization"):
Address:
U,,49, of the above named Organization, and that the following
The undersigned certifies tha h i he is the by'the Directors or governing body of
is a true copy of a Resolution duly and regularly adopted on l _-l
said Organization in full compliance with The Corporate Charter By Laws and applicable law, to-wit:
I rl?
WHEREAS, this Organization desires financial accommodation from COMMERCE BANK/Harrisburg, N.A. ('CBNA") through
use of credit cards by designated•persons for and-in•co66e-ct1ori with the business of'this Organization,
It is therefore RESOLVED by this Board of Directors or governing body:
1 That the `(t'? OjN? of this Organization be, and hereby is, authorized and empowered to execute
and deliver, for and in the name of and with regularly u effect upon this used by said bank; and Organization, a Business Credit Card Account Agree-
ment with CBNA in the form of such agreement
2 That CBNA is and shall be fully authorized to rely and act upon said Business
s
this Organ cation in all greersent, relatingand upon
directors from time to time given by the
des designated accordance
be use of issued, the persons personnel
with receive
suance said of Business Credit Cards for the account of
not limited to he this number of Cards to and
but
with said Agreement, including
and use same, and any changes of personnel among those thus designated.
WITNESS my h n and the, eal said Organization this jr ?' day of
r
_4
Title: D
By: Corporate Seal
Signature of Authorized Officer
PLEASE SUBMIT WITH APPLICATION
VERIFICATION
Stacy L. Hunter, hereby certifies she is an Officer (Assistant Vice President) of
the Plaintiff and that she is authorized to make this verification on its behalf. The deponent
further avers that the facts set forth in the foregoing pleading are true and correct
to the best of her knowledge, information and belief.
I make these statements pursuant to 18 PA Cons. Stat 4904 relating to unsworn
falsification to authorities and understand that false statements may subject me to
criminal penalties under the.statute.
ant Vice President
Sta . Hu OkNsA
C merce BDate:
-/?'??
r7 ?3
00
nir
`
Y
rv -
cti
Ch r r i
C'3 `
0
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-01884 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
COMMERCE BANK NA
VS
BLACK ROBERT H
DAVID MCKINNEY , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
BLACK ROBERT H the
DEFENDANT , at 1104:00 HOURS, on the 2nd day of April 2008
at 2250 BUMBLE BEE HOLLOW ROAD
MECHANICSBURG, PA 17055
PAMELA BLACK, WIFE
by handing to
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 11.00
Affidavit .00
Surcharge 10.00
YlbF fa1 . 00
39.00
Sworn and Subscibed to
before me this
of
So Answers :
R. Thomas Kline
04/03/2008
WHELAN DOYLE PRESSMAN
By:
day eputy Sheriff
A.D.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
COMMMERCE BANK, N.A.
6000 Atrium Way
Mount Laurel, NJ 08054 NO. 08-1884 Civil Term
vs.
ROBERT H. BLACK
1788 N. Meadow Drive
Mechanicsburg, PA 17055
PRAECIPE
TO THE OFFICE OF THE PROTHONOTARY:
Please enter a Judgment against ROBERT H. BLACK, Defendant, for failure to
file, within the required time an Answer to Plaintiff's Complaint filed in the above matter
and served on April 2, 2008.
It is further certified that damages in this matter are a sum certain, Thirty Five
Thousand, Seven Hundred Fifty Three Dollars and Forty-One Cents ($35,753.41) plus
interest at the rate of 13.90% as described in the Plaintiff's Complaint.
Jo . Whela , Esquire
A r ey I D# 4253
W LAN, DOYLE & PRESSMAN, LLC
712 West MacDade Boulevard
Milmont Park, PA 19033
610-532-4222
ENTRY OF JUDGMENT
Pursuant to the foregoing Praecipe, a Judgment is entered against
ROBERT H. BLACK, Defendant in the amount of Thirty Five Thousand, Seven
Hundred Fifty Three Dollars and Forty-One Cents ($35,753.41) plus interest at the
rate of 13.90% as described in the Plaintiff's Complaint.
2at?qUL
Off a of the P of
611-.10$
ASSESSMENT OF DAMAGES
AND NOW, to wit, this lai`day of , 2008 Judgment is
entered in favor of the Plaintiff, Commerce Bank, N.A. and against the Defendant,
Robert H. Black for failure to file an Answer, and Plaintiff's damages are assessed in the
sum of $35,753.41 plus interest at the rate of 13.90% as described in the Plaintiff's
Complaint.
WHELAN, DOYLE & PRESSMAN, LLC
By: John J. Whelan, Esquire
Attorney ID9 44253
712 W. MacDade Blvd.
Milmont Park, PA 19033
610-532-4222
I HEREBY CERTIFY THAT
OF INTENTION TO FILE TI
MAILED TO ALL DEFOG
OFREp oRDH IIFDANYY AATT 1
I" -
TEN NOTICE
RAECIPE WAS
AND (1TO) EYS
3 THIS PILAMPL
for Plaintiff, Commerce Bank, N.A.
COMMERCE BANK, N.A.
.6000 Atrium Way
Mount Laurel, N1 08054
Plaintiff,
vs.
ROBERT H. BLACK
1788 N. Meadow Drive
Mechanicsburg, PA 17055
Defendant.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
NO. 08-1884 Civil Tenn
ARBITRATION MATTER
TO: Robert H. Black, 2250 Bumble Bee Hollow Road, Mechanicsburg, PA 17055
DATE: April 24, 2008
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER -IMPORTANT RIGHTS.
YOU SHOULD TAKE, THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT 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
717-249-3166 or1-800-990-9108
John
Attor.
I AM ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OB?AINED WILL BE
USED FOR. THAT PURPOSE. I AM A DEBT COLLECTOR.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-01884 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
COMMERCE BANK NA
VS
BLACK ROBERT H
DAVID MCKINNEY
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
BLACK ROBERT H the
DEFENDANT , at 1104:00 HOURS, on the 2nd day of April 2008
at 2250 BUMBLE BEE HOLLOW ROAD
MECHANICSBURG, PA 17055
by handing to
PAMELA BLACK, WIFE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Sworn and Subscibed to
before me this
of
So Answers:
18.00 11.00
i'?-r?-•?'?-' ?tf°;?,.-E?'''-.,,.-?..?°
00
10.00 R. Thomas Kline
.00
39.00 04/03/2008
WHELAN DOYLE PRESSMAN
By:
day eputy Sheriff
A.D.
WHELAN, DOYLE & PRESSMAN, LLC
By: John J. Whelan, Esquire
Attorney ID# 44253
712 W. MacDade Blvd.
Milmont Park, PA 19033
610-532-4222 Attorney for Plaintiff, Commerce Bank, N.A.
COMMERCE BANK, N.A.
6000 Atrium Way
Mount Laurel, NJ 08054
Plaintiff,
vs.
ROBERT H. BLACK
1788 N. Meadow Drive
Mechanicsburg, PA 17055
Defendant.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
NO.
ARBITRATION MATTER
AFFIDAVIT OF NON-MILITARY SERVICE
STATE OF NEW JERSEY :
COUNTY OF CAMDEN
ss
The undersigned, being duly sworn, according to law, deposes and says that the
Defendant(s) is/are not in the military or Naval Service of the United States or its Allies,
or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of
Congress of 1940 as amended;
That Defendant ROBERT H. BLACK is over 21 years of age, whose last known
address is 1788 N. Meadow Drive, Mechanicsburg, PA 17055 and is employed
Unknown Position: Unknown
Fefore n to and subscribed
me the d
of 2008 St y LHun r, AVP
ommerce Bank, N.A.
ry Public
DENEE A. GREEN
NOTARY PUBLIC
STATE OF NEW JERSEY
l?11 MY "N111110N €101011 N4YIIIER t1, l111
ZIA.
?a
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
COMMMERCE BANK, N.A.
6000 Atrium Way
Mount Laurel, NJ 08054
vs.
ROBERT H. BLACK
1788 N. Meadow Drive
Mechanicsburg, PA 17055
NO. 08-1884 Civil Term
Notice is given that an Order in the above-captioned matter has been entered
against ROBERT H. BLACK on pzt is , 2008.
(X) Default Judgment
() Decree
() Verdict
() Award
() Transfer Judgment
OFFICE OF THE PROTHONOTARY
If you have any questions concerning the above please contact.
John J. Whelan, Esquire
Attorney ID# 44253
WHELAN, DOYLE & PRESSMAN, LLC
712 West MacDade Boulevard
Milmont Park, PA 19033
610-532-4222
5/1,C10S ?"" -1-4
Pe oN o7
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CNIL DIVISION: LAW
METRO BANK, f/k/a
COMMERCE BANK/HARRISBURG, NO.: 2008-01884 CIVIL TERM
Plaintiff
vs.
ROBERT H. BLACK and PAMELA R.
BLACK,
Defendants .
PRAECIPE TO SATISFY JUDGMENT
TO: PROTHONOTARY'5 OFFICE OF CUMBERLAND COUNTY
Please mark the above-captioned Judgment as SETTLED and SATISFIED.
Dated: October 21, 2010
St ven .Carr, Es ' •e
J ck F. eam, Esquire
eam, arr, Markey & Woloshin LLP
ast Market Street
York, PA 17401
LD. 10241
Phone 1-717-843-8968
Fax 1-717-846-6676
c, r E-mail JReam_639@comcast.net
~
~ Attorney for the Plaintiff
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- ~~ Metro Bank f/k/a Commerce Bank/Harrisburg
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