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HomeMy WebLinkAbout08-5728IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Commonwealth Financial Systems, Inc 120 N. Keyser Ave. CIVIL ACTION Scranton PA 18504 Plaintiff vs. NO: U$ - 5'1a 8 lei t7? l T, STEVEN M PELCZYNSKI 23 QUEEN AVE Enola PA 17025 Defendant NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice to Defend are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 717-243-9400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Commonwealth Financial Systems, Inc 120 N. Keyser Ave. CIVIL ACTION Scranton PA 18504 Plaintiff vs. STEVEN M PELCZYNSKI NO: OF- Sq-9? 23 QUEEN AVE Enola PA 17025 Defendant COMPLAINT Plaintiff, Commonwealth Financial Systems, Inc, by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, Commonwealth Financial Systems, Inc, (hereinafter "Plaintiff") is a Pennsylvania corporation with a principal place of business located at 120 North Keyser Avenue Scranton, PA 18504. 2. The Defendant STEVEN M PELCZYNSKI (hereinafter "Defendant") is an adult individual residing at 23 QUEEN AVE Enola PA 17025. 3. At all relevant times herein, Plaintiff was engaged in the business of debt purchase and collection. 4. Defendant applied for and received a credit card issued by Citibank with the account number 5424180358152376. 5. The within account was sold by Citibank to Unifund for valuable consideration and all rights under said accounts were assigned to Unifund. (See, Bill of Sale, Affidavit and Assignment attached hereto as Exhibit "A.") 6. On or about August 29, 2003 Plaintiff was assigned all rights to certain credit card accounts from Unifund, including the account opened by Defendant with account number 5424180358152376. (See, Bill of Sale, Affidavit, and Assignment attached hereto as Exhibit "B.") 7. Use of the Citibank credit card was subject to the terms of the Cardmember Agreement, a copy of which was sent to the Defendant along with the credit card. (See, Copy of Cardmember Agreement, attached hereto and marked Exhibit "C. ") 8. Defendant used the Citibank credit card account number 5424180358152376, for purchases, cash advances and/or balance transfers. 9. The Defendant was mailed account statements relative to the Defendant's use of the subject credit card. 10. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 11. The account became delinquent on February 25, 2005. 12. The principal amount was $7,006.23 at the time it was received by Plaintiff. 13. Pursuant to the account agreement, any unpaid balance accrues interest at the rate of 24.99%. 14. The total amount due and owing the Plaintiff including interest, is $18,286.67. 15. Pursuant to the terms of the Agreement, Defendant is liable to Plaintiff for court costs and reasonable attorney's fees. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $18,286.67 plus costs of suit, reasonable attorneys' fees and any other relief as the Court deems just and appropriate. y Edwin A. Abrahams & Assoc. MichaeZWd d, Esquire Heather ff, Esquire Attorne6 285/207805 1729 Pi e Scranton, PA 18505 mratchford@eaa-law.com hwoodruff@eaa-law.com VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff,Commonwealth Financial Systems, Inc, am fully familiar with the facts set forth in the within Complaint and am authorized to make this Verification on behalf of Plaintiff. I Verify that the facts set forth in the within allegations are true and correct to the best of my knowledge, knowing that any false statements are punishable by law pursuant to 18 C.S.A. 4904. C-xkibr? fl BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT THIS BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT is dated as of May 28, 2003, 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, ("Buyer"), with its headquarters/principal place of business at 10625 Techwoods Circle, Cincinnati, OH 45242. For value received and subject to the terms and conditions of the Purchase and Sale Agreement dated May 28, 2003, 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, good and marketable title to the Accounts (as defined in the Agreement) free and clear of all encumbrances, equity, lien, pledge, charge, claim, or security interest. This Bill of Sale, Assignment and Assumption Agreement is executed without recourse and without representations or warranties including, without limitation, warranties as to collectibility. Citibank (South D National Assoe By: unifundcbsd0501doc Unifund CCR Partners By. DQ (Signature) Name: Title: ?? G' ? ?' ? ,% ? ?' Name: Title: h??btg uniFund Unifund CCR Partners BILL OF SALE FC 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 August 20, 2003 (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 otherw' e, except to the extent stated in the Agreement. Executed on UNIFUND CCR PARTNERS By Credit Card Receivables Fund, Inc. Its General P By _ / -/ David Rosenberg President % r unlrund U se ONLY Client # PID CID # 11 E)( i1ble C CARD AGREEMENT This Card Agreement ofich includes your card carrier. is your contract with us and governs the use of cur card and account. The card carrier contains important account information, including your annual percentage rates and the amount of any membership fee. pease read and keep these documents for your records. FACTS ABOUT RATES AND FEES For complete information about these facts, please see the related sections in this Card Agreement. RATES-FINANCE CHARGES Purchase and Cash Advance APRs: See card carrier. All AFRs based eat tf:e Prime Rate may Lary each, ailing Feria.d. Default APR: See card carrier. The D :fault APR aqua's tie Prime Role plus up l0 23-09%, or up to 28..V:a, rtichvar 's greater. All APRs may automaicatly increase up to the Default APR if you fail to make a payment to us when due, exceed ;a. lir credit fine. Or Make a p7rtent to us that is not hOr?ored. 611nimum Finance Charge: Sa.50. TRANSACTION FEES-FINANCE CHARGES Balance Transfer Fee: 3% of each balance transfer, $5 minimum, S75 maximum. Purchases bade in a Foreige Currency Fee: 3% of each purchase after its conversiot into U.S. dollars. Cash Advance Fee: 3',4 of each cash adanance, $5 minimum. OTHER FEES Late Fee: S15 on balances up to $100: S29 on balances of 0100 up to $250; $39 on balances of $250 and over. Dyer-the-Credit-Une Fee: $'X Annual Membership Fee: See card carrier. Returned Payment Fee: S39. Returned Convenience Check Fee: S39. Stop Payment on Convenience Check Fee: 539. Rates, fees, and terms may change, Vile mar change the rates, fees, and terms of your account at any tine for arryr reason. These reasons maj be based on information in your credit report, such as your failure to make payments to another c€edhor when due, amounts owed to other creditors, the number of credit accounts outstanding, or the number of credit incphies. These reasons may also in Ude competitive or market-related factors. If we make a change for arry of these reasom, you wiff rec0se aclwce notice and a right to opt out in accordance :vita applicable lac.. Definitions Peasant: the relationship established tetween you and us by d;is Card Agreement. APR. annual percentage rate. assfharizsd user, any person you alloy., to use yor ac:eent. earn: one or more cards or other account mess d.-.ices, including acG7alt numbers..hat',tie issue to you to obtain credit under this Card Aoreen?ert. Card Agrooneat (arAgresmenfj_ this docuinent and tf•e urd carrier. we, us, acrd our: C-iilbank (South Oakola). NIA- Stye issue' of your account. you, your, and yours., the person wrho applied to open the acc^uat and any other person responsttle for complying :,his Agre$meril, including the person to whom address ;:?ifiirto ?tatemsn?'s. T Your Account You agree to List your account in accordance ,,41h this Agreement This Agreement is biri:14 on you unless you carscet ;,'Lr account ,viLh1n 30 dayos after rsceMng t 1. card 4nd you Rate nc)t used or authorized use of the card. You nub pay us for 0 amounts due on your account as specified in tttis Agreement. Your account miust only be used for lawrtul transactions. Autharized Users. You may al(o:w authorized users to use yo ur r-:o Jrt. You may regt*st adr"itional cards for asl arizeof users. 'You must pa; u$ fcr all Oarges made by authorwed users even it you did not intend to be responsible for those charges. You must notify us to rmke aml permission you to an authorized user to use a card or to use your acrzurt. Credit Line; Your inadal cred t line appears on the card carrier. T' a fut. amount of your credit fine Is available to bar, or tease goods or services where tits card is honored. Part of your credit Ire. called the cash advance [Wit, is male for cash advances. Vie may change your credit fine or cash advance :irnk at arty tune tar arty reason. We vidl nolffy ya'e of w y change. but tee change may take effecx before you tecer"Ve Vie notice. The total tafance on your amount, including periodic finarsce charges and fees, must aiw" remain below the credit line. Havuevzc if the total balance Exceeds your credit Mee you rest still pay is. it your axot:ni `tis a credit :valance. we. . may reduce the credit balance by any:l?4Y Gizarges an your account. You ray not mailntain a area balance In excess of your creoit tiny Billing Statement: your billing statement shows the total balance, permdic finance charges. fees. minimum amount oue, and payment due date. it also shows. ;,our current credft tine and cash adva-we Gntt; an Itemized first of cur.ert charges. payments and credits: a rate summary; and other irmportait information. Me danrar a statement to only one- address. you must notify Customer Seniics of a change in address. if 'tire deem your account unyo1lool5le or institute colection pr_ceedings by sanding it to an outside tg-en- W or attorricy for collection, we may stop sending you staternerits. Pe.•io[.ytc finan.,e urges and fees continue to accrue eves ,:e step sending stamens. he total amount you ori-e us appear as the New Balance mil .he tilting statement. io deterdne IF.; B,al's r-8 i.'e b83in yith tf<e total balance at the Stwi of the b:ll:ng period. We add arri pJrchases or cash adva-r.•ces and subtract a:l'r credits r,,r ;)aymerits credited as of ;hat billing period. V&-, then add ary periodic rsrance charges or fees and make c=tfier _LT=.'Stmerils- APRs APRs Bas°d as Prince: We cdcut-ate any APR based on the U.S. Prime Rate ("Prime Rate} by adding the apprQbie :.mount that appears on the card carrier to the Prime Fate. For each Ming period rue use the Prime Rate published in ; ^9 Wall 5? 2st.ru!u;??lr4II bu ness days prior to tt e StatamenvClcsing Date for that billing period, If The I:Idyl Snail .1ournaldoes not Pubash the Prime Rate, %t may substitute a similar published rate. A change in an APR due to a change in the Prime R rte takes effect as of the first day ;,f ti-e tilling period tot rahicll '::e calculeze the APR.14re apply 'the re's aLplicable AFR to any, existing balances, subject to arr: promotional rate that may apply. Defauft Rate: WI your AFFs may increase if you dsfault under an Garet Agretmerif that you five vrith us because you fait to make a payment to us 144= due, you exceed your credit fine. or yrou nrake a payment to us that is not honorer:. In these cirwmstances. ;ee may automatically Increase your APRs holuding any promotional APPS) on all balances to the Default APP,. which equals the Prime Rate plus up to 23.99?---c. or up to 28.99!" at chever is greater. Factors considered in de`ernining your Detsauft APR spay include how long your account `Ias been open, the timing or seriousness of a detauh under atry Gard Agreement that yew have with us, or etber indications of accousrt performance. The Default APR takes effect as of the first dart of the hiflina period in which you de;a-A I'Ve may kromr the APR for new purchases andlor cash a&ances if you meet ris. terms of all Card Agreements that you have wit<t us for six consecutive W, 14 periods- Extsting -Iiauxes remain subject to the Default ;PR until paid i'1 trap. unless we tall you Onen'rise Effect of APR Increases: If an Af-F is tresses. periodic finance ch_-gss increase and y:;ur w?niinunn paynant ma;; increase. Periodic. Finance Charges Based On APRs Periodic F€nanee Charges: Periodic finance: ctrarges are finance. charges that are added to your axcurt vtwi we -rpply the alplic35le APR to the ba`anc_s cn your _cco?ni.'We calculate periodic f?na-,ne charges srpa?atet;: for Each bulge ce subject to different tern's, fir example. --arcard purhases. etandard cash advame.5, and each promotional offer. The total periodic fir>arice charge for f~?e hitting period. euata tie cail2 pariod?c finance charges for ea•;h t-aLinre for each day in the hi!ling peruse. This i nelhCd of caICulatfng pericdiv tnance cherces results in caihr cewpou idin of finis ce targcs. When FeriadiC Finance Charges Begin to Accrue: Periodic finance charges begin to accrue on a charge fr to the d€tr it is added to ti daily ta!ance and wniinue to _cc!ue until payment, in trill is ::,edited to your aot:ourt. (Charges irciude purchases. hzJatnce taH ers, casri a:i?7anr..es, transaction ae) fro i r3r: fees, other fees, and any mirirvum ji:t?rce otar, aroid Pe1lodic finance charges or, purOases luxe=utifrla balance transfers) ihat app?ai "r your current a 11-ri, S-1w rnert if -.,Oil paid tits roev. dance on the fast statement tnr ;he pays-nem JLe Cate on t ai stateTert and you (hay 'ywf hh ?,alum. Icy the oa;.'rert dt:e da on '; cur currc-nt 5 "i? er`:nzm' if du :node a balance trarster. you r,ar to urable t;: a•m;el periodic fit lance cha.roes "M now p,urh:ases. as describer( 'n ilre balance transfer offer. Caicolat€on of Periodic Finance Charges: • For each tatance eve n:iltiply the dally balance 5; he applicable daiha peric-ft rate.'Ne dre this `.or each t<a; in tie billing period. t daily periodic tare is the app:tcable ;APR dKided by 365. A billing perion begins on the d=: at '.'Er the S'u zmentLosing mate of ttte atevious til` sa period :nd ir,cludes the Statemcnt 7csing Gaie of the nurrerl b ling period. • To yet the salty balance. --.,.-e take the bginning t?al;n O `or eac! balance evert day lrcluding unpa'd per Wfic finarce charges faun Frevio?s blllrrg periadsj. add pry re-,v cha gas, and any periodic fira;toe c1a-ga on the previous cay's balance, s:it:tract any oredits or pa'ym?ents crediled as elf that lay, and nn2ke other adlustrF-rts. A credit balance is lipmad as a aafante of zero. • We add a charge to the daily balance as tcliwis-'We. ac-d a purdnase to the appropriate balance as of tie Sale Date en ta bdll€rig st-ate?rent. 'Ve add a balance trrnster or cash advance to the appropriate balance as of the Post Cate on Toe statern_nr Ne add any transactiron fees' :r purchascs. halance transfers, or cash advarces to the same balance as the transaction as of the same date tie trarsaction is added to ttv daily bay .:e. ?he Post Date is the date %vc rccsFae cove request for the balance_rsfer or cash ad:ancc, includi*?g a request that na ;ornplete a balance trarsfe., or cash advance coirrenierce check far a sped`' amount. if you send a batanm transfer ;;r cowenhnce check •direc"ke to sorneorre, he Post rate is the date v??t reYei a 1,e check for paynent • To pet the total periodic f ranm c'targe, r ie add t<p ail cf the calf, periodic fira:ice charges for eac balanoe for each day in the billing period. • Fa< a• I: balancs. the Wance S•.rr e?,! to Firaxe Cha.-ge oa the statement is ttta averace of the daiig balanses during the yT,ling period. it you muftiip;y tiffs figuie fc;r each balance tiv the ,:umber of dz;s in the tilling periud and by th3 rpplimble Jz*.Py pericdlc rate, the resu't is the periodic finan..e charges assessed for that balanx, except for rr:inor ,•_a'.atians Mused h nwnding. Minimum Finance Charge::( thz. prricdlc rte `inance charge would cihertrise be las than SO.k v.e k+e:•s a rrivialirr, FINANCE CHARGE of S0.5u. We add th s amount to are; bda ce that is assessed a Firaxe charge. Transaction Fees Transaction Fees and APRs: 'f you are zss.-s,ed a ;r_ns_ctiaa fez, for a ba'.ance trarsfer, a purchase made i1 a foreign currency. or a cash aO.ance, the tra,vm:? t:on fez. , i!I cause the APR on the 5i'ling staierncra on whit the transactlon rust appears to exceed ;,our norrira At Transaction Fee for Balance Transters: You ;rain a balance transfer if vcu obtain funds through a Marc: transfer cti;tk or tran> er a balance rt??nout using a cash advarice curiveniviG , check. We treat aalarce tra:asfei s as purchases unless others, se provided in t t:s Agreener.t, For each balance transfer -we add an addi i aaJ FINAPdCE CHARGE of 3% of the atrount of ;ire balarce traVver. but rot less than 85 or more than 5. Transaction Fee for Purchases Made in a Foreign Currency: For each purchase made in a foreign currency -e e add an addidanai FIMUCE CHARGE cf 3% of the purhase arnwrit of r its ccrrrersion InIm IS, doJars. Transaction Fee for Cash Advances: You ob.zin a cast a nernat_d tetlsr art:aanc.'if you cttain toads through an rmchre (ATM), camel-ince check. h-me bank'srg, cr financial inst€lutrorr rake a mire transfer obtair a moan, order. traveler's check, lottery ticket. casino chip, or similar item: or en'gare in a s mFar t=artsacdoi. For east ash advance .%e add an additiorat FINANCE CHARGE of 3% cf the ar" runt of the cash ad-oance. but :tot less than 45. Other Fees Late Fee: bide add a late fee tc The standard purchase bll. nae for each bilfiig period you fail to aay, by its due date, the Mintmuri An2ura Due (less the Amount 0,:tr Credit' :ne sho-em on your bitting stater it). This fee rs based on your account bafancE as of the payrnent due date. A is: S15 cn balances up to 5100. S29 on balances of $100 rip to 5250. and S$9 on Inlarces of $25 and •c er. Over-the-Credit-tine Fee: Vie add a S39 fee to the standard purchase balance if your ac:czu.nt 5alance exmsds your credit Gne at arv time during tfte billing period. Vve add this fee reen ii transactions the authorize or periods: three ctarges, f-es; and other charges you incur are a reason The account balance exceeds yyur credit fr;•e. rte acid this fee aven if the account hatanoe fulls belo;o your credit irr•.e b the erd of the billirr. period. Annual Membership Fee: 'a'cre add arty af;h ar-?it h rn:r: l mCnbership fee to ha standard purchase ba`anae. Pnis "Pc is non-r_frundable runless you notify us to :-"heel your acccu°nl w4hin 301 days of the mailiig or tfuli cry date of tlic bit=ing statement on %V;,ch the few is billed. Returned Payment Fee: We add a $39 fee ,o the standard purchase balwoe if a paymr:rt chick or similar instrument is not honored or F5 returmid because it :,argot be processed, cr if an autoratic debit is returned unpaid. 16a assess this fee the first three, your check or payment is not ` ".cored. even t :t is honored upon resubmissicr. Returned Convenience Check Fee: We add a 539 fee to ?he standard advance balance if -ve decline to honrir a w.,veriemw check. 'r,'e may decline to honor tr*se checks if, fo- example. tie amount of the check e.rould cause the balam to exceed tte cash advance lint it or cradit line. K vao default, if ,au did riot comply von, our instructions regarding the cfiec`r, or if your account has been closed. Stop Payment an Convenience Check Fee:'Ws add a $39 fee to the standard advance balance if -we Voaor pur request to stop payment can a corre•enience check. To stop payment on a comMnience Check win ,e us at P.O. Box 6500. Sioux Fads, South Dakota 67117, or call tbs. Customer Seem-ice number on the billing stalement. If you calf, you must confirm the call in writfrg within 14 days. A written stop payment order rama'rrs in effect for 6 rhontlis unless renewed in vilftva Balance Transfer Checks and Convenience Checks: Eactt check must be in ne torn( It was iss:pd and used according to any instructions we gree.'he &.evks :rust not bP. LS-EC to pay an amount owed us under this or another Card Agresmrrt that you have IVVAt r:s. We do :tot cer,if.;• (hers Oecks or return any such chec•:s =hst tave been pad. Information on Foreign Currency Conversion Procedures if you mdse a raps ctfon in a toraign currency, voter il%an a cash admrce made z; a branch cr r.V-A of ore of our affil<atss, MasterCard. Visa or A--nericari, _Vress, leper drip, on .,'h ch card is used, converts tie amount irto U.S. dnliars as follows: • rlA iercard ccmpries %-ail its foreign c trrvrxy c4n.?;- sion procedures thin in effew . f."u> rCaI ^= tatty uses a col' O7sion rate in effect ^re dR,e Vor 10 its tl'=me c- Von prcc_ssing date. Such r_ts is aiti sr a ?, alesair mark- rate or the oovammeit-naj sated rate. - Visa comp!ies 'sstith i's fcre°cn fiV-er.r C;1n;' er5i4r procedures then in effect. %Fim -.rrre-;afl • tilts w MnVer- sion r:a'r+ effect on its applicabls, central p:ncessir;cq kale. Sudi r= 's either a rate i1 s lzic,s frnm :'.ta rarve o€ rats a.'a l-b!e i1 ::l?O eSe e ^-ur enly n _.rksts, diic:1: nay my front the rote it r cci-ves, or the r?Uev'n F.nt- in1:dated rate. • Amenr-art Express ouniphes 1-ri:lr its foreign currca,., contiemor pronedures'tier in effect. ,'rtes; a pari<cular rate is -etluiryd by a4?privable I_s:,, he rte used by rmerimn Express shall be the i:ohes interbank 'ate selected on the t:usiness dare pr=o: to 111'e dF? al the iransaction is procnsed by Atgcrir, n E:spt:ss. if a cash adva"rce is made in a foreign currency at a Eraitch or AJPA of core of cur affiliates. the amount is conve_ ed i ito U.S. dogars by our affliale in accordance :Ath its toreign curra:icy oo:i ,emlon pm edunes tier !r ftsct. +Jur afii3 3 currently uses a corrversicin rate in elect an i.-,s aFplicabl_. pwessinq date. S°uch rate is sit.er a m>c-polnt naris t ra`;a or the warnrrent-mandated rate. Tare f :reign ;urreVICIi com.ers:on rase in effso w the applicable processing date for a transaction may differ `rom .he rate in effect on the Sale or Past d21o ein titer h71:rg staterent for ihai transaciioa. If a transaction is converted by a third hart:! pricT it sun transaction bring pro=ed t y Master„ arc.'; sa, or American Express, the (areign currency conversiar. rate !or 11101 Z=430311 ukill be the rate Selected by that thi*d party, Payments Minlmum Amount Due: Each mcrt) you nus: patir at !e m the fdir:imum A:rcunt Due by the pa-yrient due date. -he sooner you pay ttie f;ew Satar.ce. the less you %-;il, pay in periodic., finance charges. To calculate the Minimum Amount Due, vee Merin :+rhh any past due amount and add aRy amount it excess of your creel lire. th"s :hen add the largest of the fait- +:r.g: - The New Balance on the billing statenorif it y is less Mar, S20; • 520 if the New Batanoe is at least 520: • 1% of the New Balance (wi ch caiculatien ;s rounded down to the nearest d0flal" pins the amount d f yo>.ir billed finaim rharges and any applicable late fee; or • 1.5% of the P2cv. &-lance (which calculation is rounded dcw,,n to the nearest dollar). l oiivere : tha Minim;im Arnourt Due sever exceeds t )s Mmv Balance. in calsufating the IAinimum Amount Due. +.e clay subtract from the taeEv Balance certai:l fees added to your accouril during the Mlina pe-HIM. A+ppfication of Payments: We apply payments and credits to lava APP balances Me ore aig "m APR balances. T hat means your savings J i be radi ced ik 'roil Ta' a lumsa tiols 1-at ar. sultisct to hichsr APgs. Payment Instructions: Payrrerits ire <,reditvd< ii ,cuord,rce ;ith he palmed instrn,.tix-s o7 lult bi;ling sta nest. You must pay u5 in U.S. doilws us ig a uh,:,cX. simlt ar irstrunent, or automatic debit that is dr;mn on and honnr.d by a Sad k n the U.S. Do not send cash. je cr:i accepl iate cr partial payments, and payrrn?nnis that reflect "Paid lr. tulf' or otter restrictive endorsements, :AlLhout lcsirg our r-V:hts. ,Ve reserve the right to accept pay+rnents made in foreign currency and insirurnents drain or, fuids oil depcs t otitside the U.S, If we da, ve select the currenny conversim rate at our d€scretioa and credit your account in U.S. d411ars after deducting are -osts ircurred h processSrg your payment, or Yee may bail you separ_teiv to such dos=s. Optional Pay by Phone Service: You may request to 1rike your payment by phGne ;jsin f ow opit o'1 I Fa: kv Phme Service. Each tirne you snake s ich+a request, you agree to pay us the amount slovin ii the Fay by al=one secticn on the (tack of the billing statement. Our represenlafrves are trained to tell you this an'oint if you dreids to use Ns optioral Pay by Phons Senrice. Credit Reporting Vile may report infor-mation about your account to credit reporting agencies. Late payments, missed paynents. or c11>er defaults on your account may appsar on your credit, report. if you request cards on your account for others, we may report account inforrraticn in the narws of these other pwple as vmll. tr,e may also ctltaii fAtl?ir.'-;p c:edit :epos $ on you t`or exarnply, ,;,lien %Y8 rt •ifM your a-,czurit for a credk line increase}. If you eiifih td`s kn:''/i whk:h: ifrlf.' il;i°s we con icted, atts us at the Ctistcnex Ser ;ce address to 111,3 billiig s;atcrrnt. If sou think ire itpotiSd e ronl`CUS i"iforni!dol to a credit repwing ao.engC wile, us at ff'.e Cu5E3mer per-Ace. address on t=ile billing statement, ii.e a;ll promptly tnbvestlgate the matter aid if we agree vet you, tue MV coact each credit reporting agency to .sihich .ae repcit_d ard reouees a correl:ori. If. after cur ir:",restigation. vie disagrae with yo.l, .va All lets you %n writing or by teiepticr:e and tell yrc•u hn:v to suhrrt a statement to;hc,e awicies for ilclasicr: in yojr eredfr: report. Changes to this Agreement We may change the rates, fees, and terms of this Agreement at any time for any reason. These reasons may be based an information in your credit report, such as your failure to make payments to another creditor Mien due, amounts mtied In ether creditors, the number of credit accounts outstanding, or the number of credit inquiries. These reasons may also include competitive or market-related factors. Changing terms includes adding, replacing, or deleting provisions relating to your account and to the nature, extent, and enforcement of the rights and obligations you or ive have relating to this Agreement. These changes are binding an you. However, if the change .Yitl cause a fee, rate or minimum payment to Increase, we will mail you written notice at least 15 days before the beginning of the billing period in which the change becomes effective. If you do not agree to the change, you must notify us in writing within 25 days after the effective date of the change and pay us the fatal balance, either at once or under the terms of the unchanged Agreement. Unless we notify you otherwise. use of the card after the effective date of the change strati be deemed acceptance of the new terms, even If the 25 days have not expired. Default `y'ou default under this Agreement ii ym, fa] to pay the Minim n A'.rtount Doe by its ;cue data: exceed your credit !ins p€y b a check or similar irstn;rnent t`iat is nat ?i2nvreJ or that we crust return because it inrnof be prcicessed: pay by automatic debit that is returned uura:d'. file tar bankruptcy; or default under any other Card: Agreement that : ju have w th us. If you default. we :nary close sour account and demard Itnrrteudiate prim:r: of the total balaxue. If you gaee us a security interw in a Cerftfica,e of Deposit ve n'ay i:e the deposit arro unt to pas any ?mzurt you o4re. z-4 00 (7) C-3 C- C/) j ° Y h? € _,7 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-05728 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COMMONWEALTH FINANCIAL SYSTEMS VS PELCZYNSKI STEVEN M R. Thomas Kline Sheriff or De?uty Sheriff, who being duly sworn according to law, says, that he m?de a diligent search and inquiry for the within named DEFENDANT PELCZYNSKI STEVEN M but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , the within named DEFENDANT AVE 23 NOT FOUND , as to PRT.=NSK11 STEVEN M ENOLA, PA 17025 r,TVRN ADDRESS IS VACANT. PER POST OFFICE, DEFENDANT LIVES IN NEVADA. Sheriff's Costs: Docketing 18.00 Service 16.00 Not Found 5.00 Surcharge 10.00 )0 D qrv s (-, .00 49.00 So /R. T ff of ?RDWIN ABRA 10/02/2008 Sworn and Subscribed to before me this day of A. D. s &line berland County & ASSOCIATES Commonwealth Financial Systems, Inc 120 N. Keyser Ave. In the Court of Common Pleas of Scranton PA 18504 CUMBERLAND County, Pennsylvania Plaintiff Civil Division vs. NO: STEVEN M PELCZYNSKI Praecipe to Withdraw Civil Complaint 23 QUEEN AV ENOLA PA 17025 Defendant To the Prothonotary of CUMBERLAND County Pennsylvania: Please enter the above Praecipe to Withdraw the Civil Complaint. Thank you, Michael F. Ratchford, Edwin A. Abrahams Lawyer ID # 8628 Associates, P.C. Sworn and subscribed before C'46 day of L20 •J' ?=?? ??? ?? .? ..?.. ?n ?r ? :, ?, ,? ,?. -?C? ?- ?. - ..?}- ,' ;,.? ?;: