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Home My WebLink About08-6165IN 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: LoIto S -Farm ERIC R. ANDERSON 42 MONARCH DR. CARLISLE PA 17015 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. ERIC R. ANDERSON ; NO; 09- 42 MONARCH DR. CARLISLE PA 17015 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 ERIC R. ANDERSON (hereinafter "Defendant") is an adult individual residing at 42 MONARCH DR. CARLISLE PA 17015. 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 5424181046589284. 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 March 2, 2007 Plaintiff was assigned all rights to certain credit card accounts from Unif ind, including the account opened by Defendant with account number 5424181046589284. (See, Bill of Sale, Affidavit, and Assignment attached hereto as Exhibit 11B.") 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 5424181046589284, 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 May 11, 2005. 12. The principal amount was $10,917.66 at the time it was received by Plaintiff. 13. Pursuant to the account agreement, any unpaid balance accrues interest at the rate of 32.24%. 14. The total amount due and owing the Plaintiff including interest, is $21,215.73. 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 $21,215.73 plus costs of suit, reasonable attorneys' fees and any other relief as the Court deems just and appropriate. Respectfully su Edwin A. Abrahamse Assoc. Michael F. Ratchfor , Esquire Heather K. Woodru f, Esquire Attorney I.D. Nos.: 86285/207805 1729 Pittston Avenue 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. Micha F. R,, uniFund Unifund CCR PaMUS BILL OF SALE Uriifund CCR P2.rw rs, for v;duc received 2nd in 2ccord2nce "JI the texas of the Accounts Rccc?viblc Purchzsc Agrccsrzcot by 2nd Rmor?g Uaifand CCR P2rtncm 2nd Commonwczlth Fin2n621 Systems,. Inc. (' Purch2sci D, d2icd zs of )2nu2Sy 26, 20D7 (the "Agreement"?, does hereby sd1, 2sr?n, znd transfer to Purehzser ell of its good 2nd m2rkct2ble tidc, free 2nd dc2n of 21,1 liens, d2ims u)d cneumbrznees m tad to the Accounts listed in the Account cbedule 2ttachcd 2s Apjscndix A to &;c Agxcemcn% =itbout recourse and without represcntztion or wzrr2nty of collectibIty, or otbcrwuc, except to the extern stated in the Agreement. Executed on January 26, 2007. For Unifund Uso ONLY 34 Client # PID CID # - rr-D 9 A RTNFRS BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT THIS BILL OF SALE, ASSIGNMENT AND ASSUMP'T'ION AGREEMENT is dated as of November 29, 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 Portfolio A, LLC, located at 10625 Techwoods Circle, Cincinnati, OH 45242 ("Buyer"). For value received and subject to the terms and conditions of the Purchase and Sale Agreement dated November 29, 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, good and marketable title to the Accounts described in Section 1.2 of 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. Unifund Portfolio A, LLC Citibank (South t7on National As By: By: (Si yF (Signature) Gras Name: ?f Bn. Ffi s t tt me Name: D2-d-, d k D 5tq Stu fads, 5 l?n ?6 Title: ( ? as Title: [ I ` r e??G AR AORKM TI Card Agree"nt, tech includes your AM carder, is your rArltraet volt us arttd >ifvers tlta use of ygur rand and account. 7$ card :CarriertTOr?a w-ITpoltant account: information, including your eftt ;ai tierceotap rates and the amount of tr*1 t - ltb p' i;B 1 8 rW ibd keep `these ?acvmettts for youf re?r? " , FACT'S AB6,0'r j qA'7- `S AND FEES Ftrr complki'information aboutthose facts, please sae the retated'sections in this Gard Agreement. GATES-FINANCE CHARGES' PairGhese and Cash Advance APRs: See card cartfer. Af! AM based on the Prime-Rate rn:'ty,?ary ?zo bilring period, Default AM: See card unier..The ila ritAPR equals the Prtmd Bate plus up to 23.99%,.4rb ob'28:99%,.urhiche'ver is greater;' All Aisles may 3utomaticaliy, increase tip to the Default APP if you.tailto make a: paymentta"usmdien due, exceed your credftflhe, or make a payment to us that is nut honored:. Minfr tum Fir nce Charge: $0,50. " ANSAOIO FEE$---FINANCE CHARGES Oe face" refer fee.- 3% of each trounce transfer, $5 nriaimrurn, 476 mum. Partbaar"s *800 0 arferelga , one ICS il' .1% vf each pursear??n ?r? cei arice Flre. ?3°ln`'6f cacti rash ad vances $5' minimum. O;F'i"I?t ? a fate pia: 516 on balancras up to $100; V9 on batances of $10 up tQ W $39 rrn bWanees of $250 aad aver; Q3tie?tedit-l?nn F$a: $?9. i A nuaLMernbembip fee: Sme card carrier. Raf?rnFa?mi?ee:'$39. fief' med 666renwrte ateck fee: 539. MOP, ent on mtv8derce Cited Fee: $39. Rates, faces, g two. metr thine: We may change the rates, tees, a :ternu of your a€rrtt of + time for any reason. 7tftwreasants may be bred on ittformatlon in your cry rirt, ?lich as your faOure to' make payments to aromit'drVd' hit amo?tn owed to other credlfor% the nuftef i '.0, 4 (;O' "'6utstandW orthe number of r dlt.ki u ?8 "ttra?y' *o-Nt tide cbm hive trr ors; lute. n.OMM for aby of l lase t you i :l?ec s adtanca itiewand aright to opt out in accord a applicable law. Det3riFtivt*tS . u dos, and paymetjt due date. It afstr sftovrs your cuffM estaftiisfied betY evn you and us lay Gredit l'me and cash advanaelimiit; anted 1tsr4afrent ' this Card-J'tgreament. charms. pacm+entsand br rate SUM Mary; and bfher APR., and perpertage rate, important inf64iation We tdel?a Mate t to Qnty?ne address. You n us# ttitity r ice.of a chat a in aurhOved A? a', 4, p ers on You at + tO'us0 ra tty acwunt. address. It mm loeni ?ttr a?Otatttabet ? ins?tttte : care:tx?e* A 16M C'ds.ttr other account access devices, ! collection pm dwto fry sanding it to a wWdevefy or , , ` nt numbers, #w we issiie'to You,to obtain ineiti rt at#omey for cotte d fti vm may stop slow, yotl staid t ris. credifiun ?this, U 140mem Penn it final cheiestand fees continue ttt accrtte'te if a ?ttt joiA e merrfj. chi ocument and the 0s d we stop :rendir s to ems. card i*w The total i ftmtyou .ate us appears ,as the *u ?attce we, as, and our., Cifib2nk (South Dakota): NA, the issuer of on the billing stiAetment. To d&r mine th `iVtnre &take v e begin with the total balance at the stark ctf ate tar'ling period, out account. Vie add y pptCitases ur cash advances and sytifraa arty YOU, Ygtrr, add yours: the pers n hoapphnd to open thin ap credits pr pay news'c itea as of that biking per . M at itttt and Btly 4t#18r person r ans+bte Dr ?,At13 'ing with t tt n 833d aanr.paii0dic a113R is LEI t ES of 1`66 aiilt' fltkt Gley tW AWft nertt, including Vie #rarsurt la ufirirn`vre address zdtestrnants. biding StatemeritS APR ciut,Ac tut fls13ased on;POrnmV4reoak;u)ate"any APR based on the You agree to 0s9. our ntii7 rxatd dtthis U;S. Prune Pater 'rlnC0 Ratt:' , ,d -the ahplica 1 7-Y +eirl' e Ttds Feein4tttiZ b d ur ns yon >;et 3+ Qyt ttatv!` prat t ri, use'of ttte z rd You 'Ir a?'tipt than appears vt? the cant carrt?r iQ:#he PrirtE R #?a tt. ) or each billing period we use the Ptime Pate published ' ' : mint pus tier alt i#aaia tits due to your osird as spe ied 4 in The halt 5tteet Jourml two bu5ines days pt to the s ?rrtenVOlasing Dale for that N11ing period. If The i in M ernent Y r acccwnt must only be used for la> 1 $kW, mat does :r publish the Prime ate,:we may: trattsitdisrr#5: subsft5itte a similar P04hed rate. A citatw in an APB due A?herY?3d#t?dlra? Ypu t+tt?+a ? i tca use o fo E y r ur users. ! uS:tnoff `t ~r ? affable Al?H bs?ncesC to rom h t at iih ir w ltose dtre - ar u? ytul .fa?fntarni f o?ta a se r a rtt??€trRk? o .? , ? C rg et. ?` i O ,Yo, Owe to aft u tsswr t f t?C`?Er iti„s your account. WWI Hate, AR your APRs ? IWAease d you dot under any Card Agreement you have with us beaytm yca;lr tail to Crtatflt i.tue: Yow JIMM rodit i .Wm on Me Ord carrier. The tuff avowt of ydart l#te is .6040* . to ty or lease (ta)rs A payment to us hen due, * exand ypur Gr t Ift or y{ift rna a p to us #w. ir t tOnrat . In t1bw goods nr s> es tt ilte hard is txtnd tt:.t>f your - ctrcuft ttc s. we autoe A crecift Ihte, rid the cash aduattce W 4; ivWtabfq tar cash W ' ? dd wv ' {incfti ittg arry rttr>t Anal AF'HS oo all t4 !he f lt APP"' hi h th "11 f ° 1 1 " ante vances. e cwh+pe Y our c e )C? , cu w c oa s e Pie a to ?3.99 0 0 4 fo, : '? timeaick r t?stur. y yuu'f aw tfr up to 28 9994, iS,Vt69&. Fars boOdeted daW, ba tide ftr" may tMm be ors you ter n Ove ' di i T i Oterrtttrtg ?€r Dftk APR mw.. dude how lamp err Y d a6d tttimii dn 6 ti + t A i t1 ? ctu Cr 1tg f?er # T C t C E ar t 1 9 . O iWf t fins 4 w)d,fees, r ' ,tom ft :below :. Cad mitt drat you hsae m ar otf?r ' cretflt a r, the ansift your credit : indicado s of nunt per forrttaitce t'he 0 *0 k APR takes tie YOU rte ii m pally U& H t y our al has a CW4 effect. as of the fiirst day of ft ttrip pWW In tt you ba a, we ? rec e:ft wM balkWit, aft t*w t tfebult We-may Wirer the APR for t putdon wt/or O r d tom. tut your 46MURL You may rrt k##n a tctedli . baM to s of r mit fi CL ite terms of It=ou )fief fwd: l eefftedts that w fr i us for six cons tine bliri iods you w ne. s o Y , ff pr . : Hill SU400tturblift stalkmet'tt shows1he tolat ' ' ExIsWOUW669 remin sut to the Default- APR urfpt paid in Nil anferss iii tel you ofiter fse tk8k* ptti fitti ride tdt es: iees,rii rtum' amount irfilib , . zt 3 -'Effect of IAP.R lntreases: It an r'tPfi ink assn, periodic i, fiita%e'charges lncre and your minimum payment mayr increase. r.. `geriodlc Finance Charges Based On APRs ?, Parlorlic Fltrarrce ICh??rlt>r.,ReriodiC finartce charges a.re i .Nance charges tfilltate,lfded toour account vehen eve apply the Vplic abllt F3 to the, ? es on your account. Ytire r Ei itiate pedwc fiWci (targes separat iy for each balance :,..t.?..:.I. 4- ?494er 4 tiiS':rie #nr au stn Ain ' io Anrr[ r?nrri??tic $ `periodic finance { 1?S W eta balance for each day in trig trifli ' period, "<w r to of calculating periodic; finance charges rbsults in daf lye compounding of finance charges. When PerWic Finance Charges Begin to Accrue: Periodic finance charges begin to accrue on a charge from the date it is added to the ddb balance and coniirwe to accrue until payment in lull is credited to your account, (Charkdes include purchases, balance transfers, cash advances, transaction fees, other fees, and any minimum finance charge.) You can void periodic finance .charges on purchases (exciuding balance transfers) ihatappear on your current b1lift, stat°r-nni N you paid tfte New Balance on the last's'.dternert by the payment due date on that statement and you pay your N eve Balance by the paymerit due date on your current sWerneril, if you made a balance transfer, you may be urtable to B:VOid periodic finance charges on new purchases,: as described in the balance transfer offer.. GalculaticRof Percdfc Foance Charges: -For each baaee: te ilsultli* the daily balance by the' applicable daiNy periodic r8te. We do this for each da in the 1glling period. 'A daity,periodic rate. is the applicable Ali R =&365. A"billing period begins on the day after the losing U Gil die' reuior* bill0l; period and includes the SWeriteltt<Glosl Efate at tine current billing period. • To get tree gaily balance, we take the beginning balance. for each boon, evert d, ('irtdudmg unpaid periodic finance charges t isftt ,prev'" or I p Wici j,'aitd any. new chair and any pa Oat lance O MO. Oft. t -Mlous day's r_ balanr spbtratt anj+'cn;lt3 dr fsatrgts cr+ifad as of tilt t day, andrnfdce`p#her adiusirnerrls ?tre?rtbalaitce is triaf?edd as a balance of zero.' We add a c ha* to the dally' balance as follows-. We add a purchase to the appropriate balance as of the Sale Date r on the belllsfaterneM. We add a balance transfer or cash advance lie appropriate balance as of the Post Date on the statement. We add any transaction fees for purchases, 4 balance transfers, or cash advances to ttte same ;bajwe as the transaction as or the same date the transaction is addsii to!he daily hake. The Post bate is the date we recelve your request for the balance transfer or cash advAme, inctnding a request that the complete a balance tra Wet or caaib,admte convenience check for. A specific athount. If you senda Wince transfer or converiiience- check;&cctfy to someone, the Post Dale Is the date vile recely the check for POyinent. To get The :total periodic finance charge; mee add top ail M the daiVIperiodfp finance charges Ior each;, nce far-peach day m the billing percnd. For each balance, the Balance Subject to Finance ta'on the statement is the average orl the daily balances dunng,the billing period. It you multiply this figure for each balance by the number of days in the biding percent and by fhe applir le daily periodic rate, the malt is tt periodic finanda charges assessed for that balance, excegt for minim variations caused by founding: Minimum finance Charge: If the periodic ratt finance oharge r;tould othervinse be fens anon $0.50, vie assess a minimum FINANCE CHARGE of $0.61 We add the amount to arty balance that is assessed a finance charge, Transaction Fees Tra nsaclion fees and. APRs: It you are assessed a transaction fee for a balance transfer, a purchase made in a foreign currency, or a cash advance, the transaction lee will cause the APR on the ,billing statement on.thrich the ita:nsact on first apipears.io exceep your.nominal APR. Transaction Fee for Balance Transfers: You obtaln,a balance transfer if you obtain fonds through a balance transfer checl£ or trailer a balance %i thodt using'a cash advance eonvenierits chick. We treat balance tranfts as purchases unless citllerwise provided in this Agreement. For each balance transfer we add an additional FINANCE CHARGEof 3% of the amount of the balance transfer, but notiess-than S5 or more than $75, 7Yai saetlgn fee for PutchaM Made In a Foreign Cmency: reach purchase Made to a frireign currency we add an additional RNAHGE CHRAGE of 3% of the purchase mount after its conversibq into U'S. dollars. Transaction Fee for Cash AdVanturs: You Obtain a cash advrance 0 you obtain funds through an automated teller machine (AIM), CGSmenience check, home banking, or financial Institi.41K malice a awe transfer, obtain a money order, travelers-check, lottery ticket, casino chip, or similar item: or engage Ina similar transaction. For each cash s advance we add an additiortal RUNCE: RSE of 3% of the arnaittttof the. cash advatift t im,fest an Othet If t3 , S Late Fee: we add ? hire lee to .ftondard purchase balance for each billing perm ypu fairto'pay, b? fts due.date, the. P116imum Amount Due (less the Amo6tNerCredit tine sfiovrn?trh Ourbill 'statement} Tt* feels based on yooraccount bade as0-the payment due sate. it is: $15 on balanees'up to-$100; $29 on balances at $100 up to $ergi, . and $39 on balances of $250 and over Over-the-Credit-Ling Fee: We add a $39 fee to the standard purchase balance I your amount balan&p,,exceeds your credit line at any firne during the tillfing'penod '1!Ve adtl'this Tee even it transactions. we authorka or periodic ifini ce charges. tees; and other charges you incur are a reason the account balance exceeds.yotlr credit line. We add`this fee even if the account` balance falls below your credit line by the'end of the milling period. Annual Membership Fee; Yde add any applicable annual membership tee to the standard purchase balance. This fee is non-refundable unless you nofity us tp.cencel your adocurt ik?Ahin 30 days of the ttrailing or, delivery dlate of site ttlliirtg. statement on which the fee is billed. Returned Payment Fee We add a $39 fee to the standard. purchase balance If a payment Che& or 41imilar!Astrtrmentis ?.: not honored or is returned because it cannot be processed, or rt an autometc ` t It returned unpaid. ale assess This fee the fiat tltheyouriiihock or payment is not trortorarf* sett if it is honored; updo.resubbmisslon. i Returned Clairtt tlil to Check Foe- ft add a $39 toe to the i standant ba>ance it we ?dirtie tb hontrr a cam?stience check.'1Ne ine m hanvr these dwcks If. for emrnlfle, the amount of the check would cause the batanc a to excted the cash advance limit or credit llne,'ff your defauft if you did riot comply with our instructions r*rding thb icheck, dt it your accounf # lien closed. 4"Stop Fella old brtzttt libolattcee Check Fee WWI a 43111ee »ju a tote *40d?"ed tfal8?ce#we honor your r .16 a a stop vhkk $1t cortvertt+h?eck W1tt8t 1?{I $r#X4; S DuX Fall C' in effeCtdttt 6 man"wniess in,torithtg, l- 3afartc Try i er ce Cheeks. Each check rtttrst 1*116 theji tit it was Mbed acid used according to any Instrudans,aye give. 'ice Ctfecks must not be used to pay en adurit pi if us;uritlerthis or another rand ApriraeMint: that you l ave ?%rith us,I We do not certify these chi or r tum Aatty such checks thathaue.been paid- Infortnation on Fomigrl,Curriency boll iv&slon Pt a it ' If yio make a transaction in a'foref?n curfg6cy, other than a cash4Mrkbe tna&i at,a branch or ATM pf one of our ahuiales, Master arts eon Pies h? its fomA'gn urrency conver- siun-procedures then in effect.`]Vla5 r(,ard°currently uses a conversion fait in effect one clay print to its transac- tion processing date. Such rate s;ertber a wholesale market rs% or the government-mandated rate: Visa complies vrith rt toreign curtenby conversion prxedures then In effect. Visa currently uses a comter- sion:.rate in effect on its appikable central processing dateAuch rare is eittler a rate it selects from the.tange of rates available in wholesale currency markets, '.v.hich may vary from the rate it receives, or the government- mandated tale. American Express cornpltes with its foreign, currency conversion procedures #hen in effect. tinless a particular rate is required by applicable Liw, tte rats used by American EVress shall be hChighest intterbi nk rate selected on the businew day prior to the days on which the transaalon is processed lay American Express. It a cash advance is tootle in a foreign currency at a brancc or ATM of one 4 r l r affiliates, the amount is tonverted into U.S, dollars b44-ftft jd.au%rdaiceiq 'Rs* currency conversion', proo them iii a etrt :Ctui `a +lfate. re uses a convioshan rate In effef t ore its,"appFi>"atlne processing state. Such rife 1s; eitheF a mid-point" mart rate or the gave nmem-mandated rate. Ths foreign currency cot mon rate in effect on the. OR acable prolcssl .date for a. tramacdori may dif er imm : tee rpacteblineffes?t on the Safe or Post date on your biding statement for that tra sa?on. lf.a transaction is converted a third party prior to such transa a b&*pmces ty. s*,ardr Visa, tar Aftrkan fkbreM, i efi ergn cpr s avetslnn we for that transactitm WIN be this rate Wetted-by that third party: htit it 19M ltrpltunt fee. `Eardl tilt you mug. pay at least tfie Unirrmurn rnmunt Due by the Payment alto date. The sooner you pay the NOW Balance. the less you will d in.''. People as.Weit We may also obtain follava-trp credit rrsparts periodic 3rnan a"rges. on:3rou &r:ex plc; wfien we review your apcrrurd for a Tv oxictriate the Nfanimrim Amount true. begin with any' crbdd bpe4norea*, If you wish to knov,, v ch males vre st duearraount and add any amount in excess of your credit or?rttat fed, vtrite us at the Customer Service addresson Me f r ine. Vice "then add #fle taxgest.of the following., billing staUeruern, The 14ew Balance on the billing staternerd If it is ass then If you think,we.reported erroneous intormation to a credit p20; • $20 if the New Balance is at toast $20; repprtipg,a write s a t tthe Customerlsefftaddress on ? bifllr g.at?Mt Wewill prtsrnpt#yuiitie igate the 04 of ilte fdeW Uance,(Whieh 616ulation is rounded "fter anp it eve agrae wo you, yip 111th-coritadva0b ' down to t a nearest doilaP) plus the amount of your . credit reporlftrg agepcy to rurr c#t n? reported and rpue a ; ts!lII&VUme charges and arty applicable late fete; or coif$ctlon: if, atiw our investigation, vm disagree wlrtr you, ?:5°,f of the Neve Balance (which ccalulation is rounded sue"41"liell You in wditint oiby teleptrone and tell you how down,to the nearest dollar), to submit a statement to ttmse agencies for inclusion in your However tfie Minimum Amount Due never exceenstheNew credit report. Balance, In calcullatlrng the Minimum Amount Due, vre,tray subtrCt from the EVesv,Balance certain foes added to your Changes to this Agreement account durinp.the billing period. We may change the rates, less, andtems at this AgreerttenUk any time for any, reason,,'iliese, reasons Application of Paymentts: We apply Mirrnents and credit5to - may be.based an Information in,ytrur credit report, such love APR balances be-fore higher-APli-balances. That means at your.failum to make payments to?enother creditor your savings will be reduced if you make transactions that are oen;due;, ?vttnts awed lo,othercreditars, the number - subject to higher APRs. of credit accounts outstanding, or the number of credit payment instructions: Payments are credited in accordance inquiries. %ese reasons may also include ;competit ve or, path the payTient instructions on the billing sta-Lerment. You must pay us in U.S. dollarszusing.ath'a k, similar instrument; or automatic debit that_is'drm _bn and honored by a ban, in tfte`t9.S.,8o nntsend casti.; Wkan adept late or partial; pmnents; and payments that reflect pa d in full" or otfrerrifrfctive endoraerrrenfs'thouttnsing our rights: market related factors, Changing_ replac4m of deleting provisions t and to;tbe nature, extent, and enli and pbligattans you or the have re 'T'hese changes are binding on yot Vol] cause'a,fee, rate or minimum _.-- -- ---------, We reserve the right lo:accept-payments made in foreign we will. maityou,wr'ttten notice at least 15 days befcire' ourrenty and instruments dram on funds can depositoutside the beglnn14 of the billing period A which the rhanpe the UJ & if 'do, the select the.currenq conversic[Irate at becomea effectivie, if you do not agree to the change, ou. Wr knotion and credit,your account in U.S. dollars affarmost notify us in wrifing within 25 rays alter the e? deductlrig any costs incurred in processing your payment, or date of the change and pay us the total balaAre, either we tray tell you separately for such costs. at once or under the tertras Of rice unchanged Agreement. Unless we fiatf ., y6d'otherui p, us* Of the card alter#tte. Op?a€yJoy f?hrmie Service You may reque5f« to fnai(e ?y? yo 1?1 _, rv> iettpuvp#iopalaf by f'hane eftecti+te data of tl change chart be deemed a cores: i Ch ti[n0 you; such a ealuesf, you agree to pay of the clew terms-, n It tho .20 d itarre not expired. us the amount $ sown in t Pay by Phonb section on the Defitu back fit rile bilCui?g s%tertmerrt. Qua reptemUdives are trained You default under this AQreernem If you tail to pay the to IJsll you tfiI I arhaunt I you decide; to use this optional Pay! tatinimurm Arnow. Due by its due die, exceed your credit by Bruno Service. fine; pay: by a chetk or similar Instrtrtnentthat Is not honored lift R r yt or that we must reborn be se It cannol be processed; pay lie may report information_about your ac orn to,creuit by automatic tlef t Prat is returned tj id; fife for bankruptcy, or default, under an i other Card R ; Y. glret?erit.that yt?u ftaire writit repor-thrg clues ents missed paymerris. or da r ccoortirnay appear on you alit us: if you default, W6 crate clo a.your afaeounf ttl dernarrd immedlatex meat of the tiaal baiapce. It du rep oft ti?st?€Ids on.your.account for.attiers. +re. , P??y_ Y . ? vs a. may rr ps?rta Trot fnfnrltr?tW in the names of thtrse other security intarust in afiertitt of:i posit, vie rrtay [rs# tf7e de p * amount to pay aaty amount yov,OWO. s ? F ma ` rn o to R , m- Z a, n? : va W 0 ,- gz" Ica w w o - o ,y ?3 o' en 0 to ai t 7 AMM of o ca Rw a o i- "cam °' E • 'if c ? Es u w+ ?t3RSb? EA']n er ? +7C en w '? ? L c c _ `n 03 C) 211 'em E co s? ,a 7ro .b m 0 How Arbit How flues a party initiate arbil arbitration must choose one 61 firms aN follow its rules and p pursuing an arbitration: Amerrc National Arbitration Forum. Art) attend wilt be held at a place dt C will proilde a brief, tUl fter of the reasons. for thazrd, An party filing,an' award In arbitration sl I determine the rigtrts;and abligations two arbitration between the named parties only,. and only in rasped of initiating and the Claims in arbitrattoo and shall not have any bearirtg:on Assoc iatton or the rights and obligations of any other person; or on the aarinn tact you resolution of .any "other t tote, instrr ctions for initiating an arNtratir3rr by contacting tiiern as follows: American Arbitratiori Association 335 Madison Ptenue, Floor 10 New Ybrk, NY 10013-4605 Web site. watnv.adr.orp National Arbitration Forum P.O. Sox 50191 j lAinneapotis, MN 55405 Web site: vvq`nt?.arbitration-forurri.'oo.m At anytime you or we may ask an appropriate court to i' compel arbitration of Ciairns, or to stay the litigation of Claims pending arbitration; even it such Claims are parto?falawsuit, unless a trial has begun or a final judgment has been entered, Even if a party fails to exercise these rights at any particular firne, or in connection vvfth any particular Claims, that party f ran still require arbitration at a later time or in connection with eny other Claims. What procedures and few are applicable In arbitration? A single, neutral arbitrator will resolve, Clams. The arbitrator i will be either -a laveyer with at least. ten years experience or a retired or former judge, selected in accordance with the rules of the arbitration firm. The arbit , ration w6fil follow procedures and rules of the arbitration firm In a sect on the date the ertrltradall isfied unless tlrose'prbcedures and rules are irloon t ntwith thisAgreernent; in wiril i this ` Apr"Ment will prevall. Those p'rocedu'res and,rutes rnayAi it th disabtrery available to yrorf or us: The arbArattofWAl ft teasonable:stepsto protect customer account information and other confidential information tf regfaested to `do sb by+ you -or us. The arbitrator will apply applicable substantive law consistent with rite FAA and applicable statcrtes of limitations, +a%ttl ON. -aims of privilege recognised at taw, and v?i[i have rite pgWer td awattf to a harry any oama0es or other relief provided fvr ender applitatiti fnvi?. Y VIM e have a tearing and be represented by coubsetn. The ar' r" atk will.Malki arrya-rd ilr'wo ting and. if requetW byr* or us 12 Who pays? Whoever files the-arbitrabon pays the in!Itiai ,filing fee. if we file, 4vs pay; if you;(ile, you pay, unless you get a. fee walver<underthe applicable rules of the arbittatton:firm. if you have paid ttre MW filing fee and OU pm(aif, we will reirinbu rse you for that fee. It there is a heariltffv we void. pay amy tees of the arbitra-tor and arbitration flan for The first d of that hearing. All other fees will be allocated as prm±rlded:16Y the males of the arbitration firm and applicable lawI H v, ewl toe will advance or reimburse your fees if the arbitrafion firtrl or arbitrator determines there is good reason for requiring us to do so, or if you ask us and we determine there is gad reason for doing'so. Each party will bear the expense of that party's attorneys, experts, and v?ihnesses, and otfier expenses, regardless of writer polity prevails, but a party may recover any or all expenses frta another park, if the, arlAtrator, applyiro applicable law, so determines. Who can be a party? Claims must be brought in the name of an individuat person or entity and must proceed on an individual (non-class, iron-representative) basis: The arbitrator will not. award relief for or agairW an,rone vitro iS flat a party. It yolr-or we require arbitration of a Claire, neither you, we, nor any other parson may pursue the Claire in arbitration as a class action; priuate atforrzey general action or other representative action, nor may such Glirn be pursued. on your or our behalf in any litigation in any.court. Claims, including assigned Claims, of two or more persons may not be jointed or consolidated In the saute arbitrathrn. hfotvever, applicants, co-applicants; authorized users on a single accrrurtt aWor related accounts; Or Corporate affiliates are here considered as one person. When is an athit five awwd. titrarl? The artritratar s award is final:and bMing trirtttle pe leg titlfBaS a;frar y appeals Itin wri tp to the arb' art #irrrt o+itfliri( Mon.. days Of notes Of tha.award. The apPeA must request :a_new arbitration before a pariet of 'three neutral a?rbitrat6ts designated by the same arbitration Fran. The panel will consider all factual and legal issues screw, follow the same rules that apply to a proceeding rang asingle arbifrat6t, and maM decis?ns based on the vot+e.of the majority. 6o s Troll be allot t in the same way they are aitvcated for arbitration beftrre a single ar3frafor. maw ard by a panel is final and binding on tip partles after. fifteen days trks passed, A MW and binding award is subject 14 u C7 ar oo cA g as >- = Cs$ S ca m `gym:' 4 'g o m 'tea °' ?n ro;o a c? a. oo m 0, AlfZ4 tg" M, tj of a = ? ? i esq.. c Z? co Apt -W CL,= va G. ,T a? C'I Q ? O m G lie ,3 2= .c CL '.°x' to A CC-= to C3 tR! 03 Ian w .? ?.. f? f.u w ??p?c7 oc;1g9y t a r Y ?- E t Q Q k CI q) y- Q : N Y 9 (A1 C3 ev .?. L." Q U1 ` - tit ._? SHERIFF'S RETURN - REGULAR CASE NO: 2008-06165 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMONWEALTH FINANCIAL SYSTEMS VS ANDERSON ERIC R MICHELLE GUTSHALL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ANDERSON ERIC C the DEFENDANT at 0009:24 HOURS, on the 16th day of October , 2008 at 42 MONARCH STREET CARLISLE, PA 17015 by handing to ERIC ANDERSON DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.00 Affidavit .00 Surcharge 10.00 .00 IoJaajoP 3 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 10/17/2008 EDWIN ABRAHAMSEN By. Deputy Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS INC CIVIL DIVISION Plaintiff VS. NO: 08-6165-CICIL TERM ERIC R. ANDERSON Defendant PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE CLERK OF JUDICIAL RECORDS: Kindly enter judgment by default for failure to respond to Plaintiff's Complaint in the amount of $21,215.73. Notice of the intent to file a default judgment was served upon the Defendant on November 26, 2008. A copy of the Notice of Intent to Take Default Judgment is attached hereto and marked Exhibit "A." Edwin A. Michael F. Ratchf Attorney I.D. No.: Attorney for Play JUDGMENT & Associates, P.C. AND NOW, this 15t4 day of , 2008, Judgment is hereby entered in favor of the Plaintiff and against the Defendant in the amount of $21,215.73, which includes reasonable attorneys' fees for failure to respond to Plaintiff's Complaint. +"?20M0Q,0rn P-y r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS INC CIVIL DIVISION Plaintiff : NO: 08-6165-CICIL TERM VS. . ERIC R. ANDERSON Defendant CERIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on the date indicated below, I served a copy of the Praecipe for Entry of Default Judgment in the above captioned matter by mailing the same via First Class United States mail, postage prepaid addressed as follows: ERIC R. ANDERSON 42 MONARCH DR. CARLISLE PA 17015 Edwin A. Abrahamsen & Associates, P.C. Date: December 12, 2008 Attorney I.D. No.: 8 1729 Pittston Ave Scranton, PA 18 5 (570) 558-5510 Michael F. Ratchford, COMMONWEALTH FINANCIAL SYSTEMS INC VS. ERIC R. ANDERSON Plaintiff Defendant In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Civil Division NO: 08-6165-CICIL TERM AFFIDAVIT UNDER SOLDIERS AND SAILORS RELIEF CIVIL RELIEF ACT OF 1940 AS AMENDED State of Pennsylvania County of CUMBERLAND SS: Michael F. Ratchford, Esquire being duly sworn according to law deposes and says that the above named defendant(s): ERIC R. ANDERSON; is(are) not in the military service of the United States of America as defined by the Soldiers' and Sailors' Civil Relief Act of 1940 as amended; That the defendant(s): ERIC R. ANDERSON; is(are) older than eighteen years of age; That the employment status of the defendant(s): ERIC R. ANDERSON; is(are) unknown. of 20 V Subscribed befor et day Jen er Loeh- No Publ' wi 5.• ^1? .6 0. EDWIN A. ASRAHAMSEN THE LAW OFFICE OF MICHAEL F. RATCHFORO EDWIN A. ABRAHAMSEN & ASSOCIATES, P.C. HEATHER K. WOOORUFF• 'ALSO MEMBER OF FL BAR WWW.EAA-LAW.COM November 26, 2008 ERIC R. ANDERSON 42 MONARCH DR. CARLISLE PA 17015 Re: COMMONWEALTH FINANCIAL SYSTEMS INC v. ERIC R. ANDERSON CUA/13ERL,,1A1D Couni'v Civil Aclion Alo.:08-61(5-CICIL TERM, Our File No.: 08-01110 Dear ERIC R. ANDERSON : Enclosed please find the Ten Day Notice of Intent to Take Default in regard to the above- noted matter. Please act accordingly. If you have any questions or wish to discuss your outstanding account, please contact me at (570) 558-5510. Edwin chael F. Ratchfo Enclosure This is a communication from a debt collector in an attcniKto collect a debt. Any information will be used for that purpose. 1 729 PITTSTON AVE. • SCRANTON, PA 1 B505 0 (P) 570.556.551 0 • (F) 570.558.551 1 Abrahamsen & Associates. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS CIVIL ACTION IN C Plaintiff : vs. : NO: 08-6165-CICIL TERM ERIC R. ANDERSON Defendant : TEN DAY NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT To: ERIC R. ANDERSON 42 MONARCH DR. CARLISLE PA 17015 Date of Notice: November 26, 2008 IMPORTANTNOTICE PURSUANT -TO PA.R.C.P. 237. I (a)(2) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER AN APPEARANCE PERSONALLY OR BY AN A'T'TORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OB.IECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLI7SS YOU ACT WITHIN TI:N DAYS FROM THE DATE OF THIS NOTICE A ,JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A ]-TEARING 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 I-TIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, "THIS OFFICE MAY BE AISLE TO PROVIDE YOU WIf1-I INFORMATION ABOU"I- AGENCIIES 'l-FIA-I' MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. MIDPL'NN LEGAL SERVICES 401 EAST LOUTI.1PR STREEET CARLISIX, PA 17013 717-243-9400 IN THE COURT OF COMMON I'I.I_AS OF CUMI3EIlLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL. SYSTEMS INC Plaintiff vs. CIVIL, ACTION NO: 08-6165-CICIL TERM ERIC R. ANDERSON Defendant : CERIFICATE OF SERVICE 1, Michael F. Ratchford, Esquire, hereby certify that on November 26, 2008 1 served a copy of the Ten Day Notice of Intent to Take Default in the above captioned matter by mailing the same via First Class United States mail, postage prepaid addressed as follows: ERIC R. ANDERSON 42 MONARCH DR. CARLISLE PA 17015 Edwin A. Abrahamsen & Associates, P.C. e Michael 17. Ratchff862 Attorney I.D. No.: 1729 Pittst on AveScranton, PA 185{570} 558-5510 Request for Military Status Department of Defense Manpower Data Center 4D Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 DEC-12-2008 12:26:16 '< Last Name First/Middle Begin Date Active Duty Status Service/Agency ANDERSON ERIC Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. A A. 410i_A?to.? ht Ift Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink.mil/faq/pis/PC09SLDR.htinl WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:KVLNYBMJP https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 12/12/2008 C? '? ?Q? ? v i D H ?, -it Z _ r? --? " ' ? ? ? 1 f , CJ"t ?: i -? r' 7 -<' ? `? -< COMMONWEALTH FINANCIAL SYSTEMS INC Plaintiff In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Civil Division VS. ERIC R. ANDERSON NO: 08-6165-CICIL TERM Defendant NOTICE OF FILING JUDGMENT Notice is herby given that a money judgment in the above-captioned matter has been entered against you in the amount of $ J1 15 . ?a __ on By: aa.- 'C. 3 If you have any questions regarding this notice, please contact the filing party: Edwin A. Abrahamsen & Associates 1729 Pittston Avenue Scranton, PA 18505 Telephone: (570)-558-5510 (Notice is given in accordance with PA Supreme Court Rule of Civil Procedure No. 236)