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HomeMy WebLinkAbout09-5434COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES of ALAN R. MP-GE, Plaintiff No.04 - S=!3 y Civil Term VS. PENELOPE ZAYAS, Defendant : CIVIL ACTION NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEYS 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE (717) 249-3166 Alan I Mege, EsqK28 Attorney ID No. 8 A ttorney for Plaintiff Law Offices of Alan R. Mege, Esq. P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES of : ALAN R. MEGE, 3 Plaintiff No. ©9' S? Civil Term vs. CIVIL ACTION PENELOPE ZAYAS, Defendant COMPLAINT 1. The Plaintiff is Law Offices of Alan Mege. ("Mege"), a proprietorship with an address of 70 E. Broad St., Bethlehem, PA 18018. 2. The Defendant is Penelope Zayas ("Zayas"), an individual with an address of 271 Newville Rd., Shippensburg, PA 17257. Count I - Breach of Contract 3. Defendant requested a credit card from US Bank. 4. On April 1, 2006,US Bank offered Defendant a revolving open-end charge account and issued a card to the Defendant subject to the terms and conditions set forth in a written agreement, a true and correct copy of which is attached hereto, made a part hereof and marked as Exhibit "A". 5. Exhibit "A", the contract between the parties, is a written contract and is attached hereto pursuant to Rule 1019(i). 6. Defendant accepted the terms of the written account agreement by using the US Bank credit card account number 4037-6600-0179-9832 for purchases, cash advances, and/or balance transfers. 7. Defendant was mailed account statements relative to Defendant's use of the credit card. 8. The Defendant has defaulted under the terms of the Agreement by failing to make monthly payments as they became due and owing. 9. The last payment of the Defendant was received and credited on September 20, 2007. 10. The within account was sold by U.S. Bank National Association, ND to Riverwalk Holdings, Ltd. ("RHL ") for valuable consideration and all rights under said account were assigned to RHL, whereupon RHL sold the within account for valuable consideration to Mege and all rights under said account were assigned to Mege. A true and correct copy of the Bill of Sale And Assignment Of Assets and Bill of Sale are attached hereto, made a part hereof and marked collectively as Exhibit "B". 11. Pursuant to the terms of the Visa Account Agreement, Plaintiff, upon default in payment, may declare the entire unpaid balance immediately due and payable without notice or demand. 12. Pursuant to the terms of the Agreement, Defendant, is liable for interest on the unpaid balance. 13. Pursuant to the terms of the Agreement, Defendant, is liable for Plaintiff s court costs and reasonable attorneys fees. 14. As of February 29, 2008, the balance due and owing to Plaintiff from Defendant was $2,505.21. 2 WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $2,505.21 plus costs and interest at the rate of 18.00% per annum from February 29, 2008 as well as reasonable attorneys fees of $750.00 and such other and further relief as the Court may deem just and appropriate. Count II - Account Stated 15. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 16. The within account was an account in writing and expressly or impliedly accepted by both parties. 17. The amounts due and owing to Plaintiff by Defendant are based on a subsisting debt and arise from a preexisting account or course of dealing between the parties. 18. This account is an Account Stated, thereby operating to foreclose any dispute over the amounts due. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $2,505.21 plus costs and interest at the rate of 18.00% per annum from February 29, 2008 as well as reasonable attorneys fees of $750.00 and such other and further relief as the Court may deem just and appropriate. Count III - Quantum Meruit 19. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 20. The services described above were provided by Plaintiff, by and through its predecessor in interest, and same were received by the Defendant, and the Defendant received and accepted the benefit of said services provided by Plaintiff. 3 21. At all times material hereto, Defendant was aware that Plaintiff, by and through its predecessor in interest, was providing the aforesaid services to Defendant and expected to be paid for such. 22. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff by and through its predecessor in interest, to provide the aforementioned services and incur damages. 23. At all time material hereto, the Defendant was unjustly enriched by retaining the benefit of receiving said services without paying Plaintiff or its predecessors interest fair and reasonable compensation. 24. By reason of the aforesaid unjust enrichment of Defendant at Plaintiff's expense, an implied contract exists between the Plaintiff and the Defendant, and the Defendant is obligated to pay Plaintiff the value of the services described above and in the exhibits attached hereto, in the amount of $2,505.21 plus costs and interest from February 29, 2008. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $2,505.21 plus costs and interest at the rate of 18.00% per annum from February 29, 2008 as well as reasonable attorneys fees of $750.00 and such other and further relief as the Court may deem just and appropriate. By: Alan . Mege, Atty. I.D. #8125e Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016 (610) 954-5393 4 CROUP I USB CONSUMER ;REVISED 04k;k13) abank U.S Bank Secured, Classic or Platinum Visa Credit Cardmember Agreement This is a cardmember agreement and disclosure statement ("Agreement) between you and U.S. Bank National Association NO containing the terms that wis apply to your U.S. Bank Secured. Classic or Platinum Visa Card Account ("Account') effective 10113/2002. In this Agreement. "you" and your means each individual accepting a solicitation or applying for the Account or otherwise agreeing to be responsible for the Account. 'We", "us", "our and "the Bank" means U.S. Bank National Association NO, the issuer of the Card and your Account creditor. Please read this Agreement carefully and keep it in a safe piece to make the best use of the U.S. Bank credit cards we issue with this Account (the "Card"). The Agreement becomes effective as soon as you or someone authorized by you (an "authorized signer uses the Card or Account, but no later than 30 calendar days after we issue and you fail to return the Card. In addition to this agreement. there are also relevant Account disclosures on your Card Carrier I Personal Use -You may use the Account only for personal, family or household purposes. Federal or state consumer protection laws may not apply if you use the Account for other than personal, family or household purposes In addition, we may suspend or cancel your ability to use the Account or Card if they are used for business or commercial purposes. 2. Account Purchases - You may use the Account to buy, lease or otherwise obtain goods or services from participating merchants (Including transactions you initiate by mail, telephone or over the IMemel). or take advantage of special promotional Convenience Check or Balance Transfer offers that post as Purchase transactions ("Purchases'). We will, in connection with any promotional Balance Transfer or Convenience Check offer we make, provide you with materials that explain whether those transactions will post and be treated as a Purchase. Even if you have not signed a sales draft or the merchant has not supplied you with a written receipt or ogler proof of sale. you are responsible for all Purchases made through the Account. except as expressly limited by applicable law (see "Your Billing Rights" section below for more details) 3. Account Advances - Advances are transactions other than Purchases that allow you direct access to funds available through your Account. Advances may include Account transactions such as cash advances you obtain directly from us, other participating financial institutions, or automated teller machines ('Cash Advances"). telephone transfers, some Balance Transfers, some Convenience Checks, FaslCash, Overdraft Protection Advances and Cash Equivalent Advances. ('Cash Equivalent Advances" include transactions to acquire or initiate wire transfers, travelers checks. money orders. foreign cash transactions. casino gaming and betting transactions and lottery tickets. "Financial institution' or 'ATM* advances include Phone (automated phone system). 24 Hour (customs service assisted) and Internet transfers.) Monthly Account statements we issue may refer to Advances as an "Advance". "Cash", "Cash Advances", or by the product or device you used to obtain an Advance. Refer to the Account Fees section for details on Advance Transaction Fees. 4. Advance Limits - No more than 50% of the Credit Limit (defined below) is available for Cash Advances. Cash Equivalent Advances or Advances requested through telephone transfers. Unless we have elected in this Agreement or otherwise to limit the amount, number and/or availability of other Advances you may obtain through Overdraft Protection, Convenience Checks and FastCash transactions. you may use the Account to obtain those Advances up to the amount available under the Credit Limit. 5. Convenience Checks - From time to time, we may supply Convenience Checks for use by the person(s) named on those checks. Convenience Checks are drafts that look like other checks, but are drawn on credit available in the Account. We may, based on the particular offers we make from time to time. provide Convenience Checks that will post and be treated as an Advance a Convenience Checks that will post and be treated as a Purchase. We will, in connection with any Convenience Check we provide, include materials that explain whether the Convenience Check will post and be treated as an Advance or as a Purchase. Convenience Checks must be written in U.S dollars We may return a Convenience Check unpaid if (a) the credit available under your Credit Limit is less than the Convenience Check amount (b) the Account is in default; or (c) the Convenience Check is improperly signed or otherwise fails to conform to our regularly accepted standards for check payment. Convenience Checks may not be used to pay the Account or any obligation you owe us or our affiliates 6. Paying and Stopping Payment on Convenience Checks - You must use the number and address provided in the "Lost or Stolen Card or Convenience Check' section below to request that payment be stopped on a Convenience Check. You must call us promptly with an oral stop payment request and then provide us with a written confirmation of the stop payment request within 14 calends days. Any stop payment request we receive will remain in effect for 6 months, unless you renew the request in writing before the end of that time. We may pay Convenience Checks more than 6 months old There may be circumstances under which a Convenience Check must be paid. even if we have received a stop payment request from you. We will not be liable to you if we do not honor your stop payment request under those circumstances. If it is determined that a Convenience Check should have been paid. but was not, we will not be liable for any consequential, punitive or incidental damages if we acted in good faith. Our only obligation under those circumstances will be to pay the designated payee the amount of the Convenience Check and cancel any charges assessed against your Account as a result of any wrongful failure to honor the Convenience Check. 7. Balance Transfers - We may permit you to transfer balances and obligations to file Account that you owe other companies or financial institutions, subject to the terms and conditions disclosed in offers we may make to you from time to time Balance Transfers will post to the Account and be separately reflected on monthly Account statements as Balance Transfer. or. depending upon the offer, may post to the Account and be treated as a Purchase. Cash Advance or some other kind of Advance transaction. We will in connection with any Balance Transfer offer we make, provide you with materials that explain how the Balance Transfer will post to the Account and be reflacled on monthly Account statements. You may not request Balance Transfers of existing obligations you owe us or our affiliates. If you request a Balance Transfer that would cause the Account to exceed its Credit Limit. we may. at our option. (a) post the entire Balance Transfer requested to your Account and assess an Ovedirnit Fee; (b) post only a portion of the Balance Transfer requested to your Account up to the amount of credit available under the Gredit Limit; or (c) refuse to process the entire amount of the Balance Transfer requested 8. Overdraft Protection - This section is part of the Agreement only if you have specifically requested and have obtained Overdraft Protection linking the Account with a designated checking account at a financial institution with which we are affiliated or with which we have a correspondent relationship. An Overdraft Protection Advance allows us to transfer Account funds and prevent overdrafts on the designated checking account. You authorize us to make Overdraft Protection Advances from the Account as provided in this Agreement. Any Overdraft Protection Advance will post and be treated as an Advance drawn on the Account. An Overdraft Protection Advance will be made only once per day, and will be made in multiples of $25 (regardless of the specific overdraft amount). We may cancel Overdraft Protection privileges under the Account, even if the Account remains open for other purposes. NOTE. Overdraft Protection Advances on correspondent accounts may not be in multiples of S25, will post as a'Financial Institution Advance", and will be subject to those fees. Please verily the amount of the Overdraft Protection Advance with your financial institution. 9. Account FINANCE CHARGES - FINANCE CHARGES reflect the cost of credit. Your total FINANCE CHARGE for any billing cycle will equal the amount of any (a) periodic rate FINANCE CHARGES (sometimes referred to as 'interest" here and on monthly Account statements); (b) Advance transaction fees: and (c) any other transaction fees that are considered FINANCE CHARGES. In some of the following sections. we have abbreviated the terms 'daily periodic rate' as "OPR", 'average daily balance" as "ADS": and "ANNUAL PERCENTAGE RATE" as "APR" 10. Interest Rate - Variable Rate for'Purchaaei , Variable Rate for'Balance Transfers'. and Variable Rate for 'Cash Advances". The Daily Periodic Rate for transactions posting as Purchases. Advances and Balance Transfers is equal to 11365th of its corresponding ANNUAL PERCENTAGE RATE. The standard Daily Periodic Rate and corresponding ANNUAL PERCENTAGE RATE ("APR") for transactions posting to your Account as Purchases. Advances and Balance Transfers are variable rates that may change from time to time based on changes to a published Index. Your Daily Periodic Rate and corresponding APR may increase or decrease from time to time according to the movements up or down of the Index, which is the highest Prime Rate published in the 'Money Rates' section of the Midwest Edition of The Wall Street Journal on the last business day in each of the three most recent calendar months before the date on which the billing cycle dosed (in other words, the 'statement dale"). Any variable rate adjustment based on an index change will be effective as of the lust day of the billing cycle. and will apply to the new and outstanding Account balances and transactions subject to that variable rate. We reserve the right to choose a comparable new index it the The Wall Street Journal ceases to publish a Prime Rate. To determine the standard rates for transactions posting to the Account as Purchases and Balance Transfers. we will add the Index to the Margin disclosed on your Card Carver. To determine the standard rate for transactions posting as Advances. we will add the Index to the Margin disclosed on your Card Carrier. However. transactions posting as Advances are subject to a minimum Daily Periodic Rate of.054% (corresponding ANNUAL PERCENTAGE RATE 19.99%). Any variable rate adjustment will be effective as of the first day of the billing cycle that begins after a change in the Index, and will apply to all new and outstanding Account balances subject to the variable rate. Any increase or decrease to the Index will result in an increase or decrease in the FINANCE CHARGE on the Account, an increase or decrease to your Minimum Payment and an increase or decrease to your New Balance. Fixed Delinquency Rate. Upon the occurrence of an 'Adjustment Event", each Daily Periodic Rate and corresponding APR in effect for new and outstanding Purchase, Advance and Balance Transfer balances will increase from [heir standard rates or any introductory or promotional rates to a 'Delinquency Rate The Delinquency Rate will take effect and apply to new and outstanding Purchase, Advance and Balance Transfer balances as of the first day of the billing cycle in which the Adjustment Event occurs. An Adjustment Event occurs whenever a Minimum Payment is thirty (30) days past due or a Minimum Payment is five (5) days past due for the second time during the same twelve (12) month period. Your promotional rate will expire upon an Adjustment Event and will be changed to the Delinquency Rate. Each Delinquency Rate is a fixed rate that does not vary based on changes to a published Index. The Delinquency Rate that applies to Purchases and Balance Transfer balances will be disclosed on your Card Carrier. The Delinquency Rate for all Account balances wig remain in effect until the dosing date of the G" consecutive billing cycle that your Account is "current" (that is. no Minimum Payments past duel On the first day of the billing cycle following your 6th consecutive current cycle, the Daily Periodic Rate (and corresponding APR) for Purchase. Advance and Balance Transfer balances will decrease to [heir standard rates (not any introductory, promotional, or discounted rates). An increase to your Daily Periodic Rate will result in an increase in the FINANCE CHARGE on your Account, an increase to your Minimum Payment. and an increase to your New Balance 11. Interest FINANCE CHARGE: Method of Computing Amount Subject to Interest We calculate the periodic rate or "interest" portion of the FINANCE CHARGE by multiplying the applicable daily periodic rate ("DPR") by the Average Daily Balance (including new transactions) of the Purchase. Advance and Balance Transfer categories subject to interest ("Amounts Subject to Interest"), and then adding together the resulting interest from each category . We determine the Average Daily Balance ("ADB") separately for the Purchases. Advances and Balance Transfer categories. To get the ADB in each category, we add together the daily balances in those categories for the billing cycle and divide the result by the number of days in the billing cycle. We determine the daily balances each day by taking the beginning balance of those Account categories (including any billed but unpaid interest, fees. credit insurance charges and other charges), adding any new interest, fees, and charges, and subtracting any payments or credits applied against your Accounl balances that day. We add a Purchase. Advance or Balance Transfer to the appropriate balances for those categories on the later of the transaction date or the first day of the statement period. Billed but unpaid interest out Purchases, Advances and Balance Transfers is added to the appropriate balances for those categories each month on the statement date Billed but unpaid Advance transaction fees are added to the Cash balance of the Account on the dale they are charged to the Account. Any billed but unpaid fees on Purchases. credit insurance charges, and other charges are added to the Purchase balance of the Account on the date they are charged to the Account Billed but unpaid fees on Balance Transfers are added to the Balance Transfer balance of the Account on the date they are charged to the Account. In other words, billed and unpaid interest, fees, and charges will be included in the Average Daily Balance of the Account that accrues interest (the "Amount Subject to Interest") and will reduce the amount of credit available to you. Exception. Credit insurance charges are not included in the ADS calculation for Purchases until the first day of the billing cycle following the date the credit insurance premium is charged to the Account There is a minimum FINANCE CHARGE of $2.00 in any billing cycle in which a FINANCE CHARGE is due. 12. Grace Period - You have a 20 to 25 day grace period for Purchases (including any promotional Balance Transfers or Convenience Checks that will post as Purchases), provided you have paid your Previous Balance in full by the Payment Due Date shown on your monthly Account statement. In order to avoid additional FINANCE CHARGES on Purchases. you must pay your New Balance in fug by the Payment Due Date shown on the front of your monthly Account statement. There is no grace period for transactions that post to the Account as Advances or Balance Transfers. Those transactions are subject to interest from the date they post to the Account until the dale they are paid in fug. 13. Introductory and Promotional Rates - We may, at our option, offer you for a limited time introductory or promotional interest rates for alf or part of the Purchase. Advance, or Balance Transfer balances in the Account. We will tell you the introductory or promotional rate and the period of time during which it is in effect in the offer. Unless an offer states otherwise. an introductory or promotional rate will generally remain in effect until the last day of the billing cycle in which the introductory or promotional rate expires, the date the Account is closed to future transactions, or the date your Account first becomes Past due because a Minimum Payment is not received in full on or before its Payment Due Date, whichever occurs sooner (the 'Termination Date'). Any introductory or promotional rate that applies to new or outstanding Account balances will increase to the standard rate that would otherwise apply, or. when appropriate under the terns of this Agreement, a Delinquency Rate, if we du not receive at least the Minimum Payment dire by the Payment Due Date shown on a monthly Account statement in any month 14. Account Fees - You agree to pay the following Account fees and FINANCE CHARGES. (a) We will add a FINANCE CHARGE to the Advance balance of the Account in the form of the Advance Transaction Fees disclosed below for each Advance you obtain during a billing cycle. The fees imposed will equal the greater of the fee based on a disclosed percentage of each Advance or the minimum dollar amount, with the maximum Advance Transaction Fee. shown below All Advance Transaction FINANCE CHARGE fees listed below are in addition to the interest that accnhes on Account Advances. CLASH RECEIVED FROM PFwCcuTAGE OF CASH FEE MINIMUM MAXIM I?t FINANCIAL INSTITUTION 4% $5 NONE CASH EQUIVALENT 4% S10 NONE ATM 4% SS NONE CONVENIENCE CHECK 3% $5 NONE OVERDRAFT PROTECTION 3% 55 NONE We will add a Balance Transfer Fee FINANCE CHARGE to the Purchase balance of your Account equal to 3% of the balance transfer amount, subject to a minimum of $5 and a maximum of (no maximum). (b) In addition to interest, your Account may be subject to a FINANCE CHARGE in the form of a Promotional Discount Transaction Fee for each Promotional Discount you receive during the billing cycle, as outlined in any Promotional Discount offer we extend. (c) Annual Membership Fee. Classic Secured Visa- Each year, the Account will be subject to your payment in advance of $35. which will compensate us for maintaining and servicing the Account for the following year. Classic and Platinum Visa- We do not charge a fee for activating or servicing the Account for the first 12 months your Account is open. If you charge at least S.01 in Annual Net "Purchases" to the Account each year, the Annual Fee FINANCE CHARGE will be So. It you do not charge at least $.01 in Annual Net "Purchases" to the Account during any year, the next annual renewal of the Account will be subject to your payment in advance of a $40 Annual Fee FINANCE CHARGE for Platinum, or $20 Annual Fee FINANCE CHARGE for Classic. Annual Net "Purchases" is equal to the dollar amount of Purchases charged by a cardmember during an Account year less returns and credits. (d) We will add a Late Payment Fee to the Purchase balance of the Account if your Minimum Payment is riot received by the Payment Due Date shown on the monthly Account statement During any period of twelve consecutive months, the first 2 times your payment is late, a $29 Late Payment Fee will be assessed. Subsequent times your payment is late, the Late Payment Fee will be $38. The Late Payment Fee will be reduced to $29 when you have had two or fewer late payments in the prior period of twelve consecutive months. (e) We will add an Overtimit Fee of 535 to the Purchase balance of the Account 6 you exceed your Credit Limit at any time during the billing cycle, even if this occurs because FINANCE CHARGES or other fees are assessed on the Account The Overlimll Fee disclosure will be determined by your slate of residence. For KY, MI, OH and TN. the fee will be disclosed as Overlimit Fee FINANCE CHARGE $35. For residents of any other state the fee will be disclosed as Overunil Fee $35 (f) We will add a Returned Payment Fee of $35 to the Purchase balance of the Account if any payment on the Account is not honored or if we must return A to you because it cannot be processed. A check that is returned unpaid will be sent for collection. (g) We will add a Returned Convenience Check Fee of S35 to the Purchase balance of the Account it you write a Convenience Check that we do not honor under the tars of this Agreement. (See "Convenience Checks" and "Fraying and Stopping Payment on Convenience Checks" sections above for more details.) (h) We will add a Duplicate Documentation fee of $5 to the Purchase balance of the Account for each copy of a monthly statement, sales slip, refund slip, or Advance slip that you request. There will be no charge for documentation requests made in connection with a billing error notice, if our investigation indicates a billing error occurred. (i) We will add a Phone Pay Fee FINANCE CHARGE of 215 to the Purchase balance of the Account if you call us to make a payment on your Account and are assisted by a customer service representative to make the payment 0) We will add an Account Management Fee FINANCE CHARGE of $2.50 per month to the Purchase balance of the Account 4 you voluntarily close your Account with a balance (Secured accounts are not subject to this fee). (k) We will add a Secured Account Closing Fee FINANCE CHARGE of $25 to the Frtxchase balance of your Account if it is dosed any time within two years from when the Account was first opened. (1) We will add a Secured Account Credit Limit Change Fee FINANCE CHARGE of $15 to the Purchase balance of your Account if, at your request, we reduce the amount of your Credit Limit and release to you any funds from the corresponding Security Savings Account. 15. Insurance Charges - Credit life insurance and disability insurance are not required to obtain credit. If you are eligible, you may participate in a group credit card insurance program, which we have arranged. If you elect insurance coverage, an insurance premium charge (at the rate disclosed to you) will be added to the Purchase balance as of the closing date of each billing cycle based upon the Account balance (including accrued FINANCE CHARGES). The terms of your insurance coverage will be summarized in the Certificate of Insurance, which will be provided to you. 16. Credit Limit - The Account Credit Limit 13 the maximum amount of credit available and that you may owe under the Account at any time. You may not request or obtain additional Purchases. Advances or Balance Transfers once you have reached your Credit Limit. The initial Credit Limit is shown on the Card Carrier and will also appear on your monthly Account statements. We reserve the right to review your Account at any time and increase or decrease you Credit Limit. You may not increase your Credit Limit by carrying credit balances over the Credit Limi(we make available to you. (Also see the -Advance Limits" section above for more information about limits on Cash Advance, Cash Equivalent Advance and telephone transfer transactions). 17. Payment - You must pay us in U.S. dollars with checks or similar payment Instruments drawn on a finanaal institution located in the United States We may, at our option, choose to make an exception and accept a payment drawn on a foreign bank. However. you will be charged and agree to pay any collection fees required in connection with such a transaction. The date you mail a payment is different than the date we receive that payment. For purposes of this Agreement, the payment date is the day we receive your check or money order at the address specified on your monthly Account statement. If you mail your payment without a payment coupon or to an incorrect address, it may result in a delayed credit to your Account. This may result in additional FINANCE CHARGES. fees, and possible suspension of your Account. 18. Minimum Monthly Payment - Each month, you must pay at least the Minimum Payment and any past due Minimum Payment(s) by the Payment Due Date shown in your monthly Account statement. You may, at your option, pay more than the Minimum Payment or pay the New Balance in full to reduce or avoid the Interest FINANCE CHARGE for the Account. The Minimum Payment is equal to any Annual Membership Fee due, plus the greater of 510 or 2% of you regular New Balance rounded to the next highest dollar or the full amount of any regular New Balance less than $10.00. Any Minimum Payment or additional amount you pay each month will not prepay any future Minimum Payments required. or change your obligation to make at least a Minimum Payment by the Payment Due Date. 19. Payment Application - We will apply payments to promotional or discounted interest rate Purchase, Advance and Balance Transfer balances before we apply payments to higher rate balances. If we cannot collect your check or other payment item within a reasonable period of time. we may post as an Advance transaction the full amount of any credit previously given and charge interest on this amount from the posting date of the transaction. After a payment has been made, the Bank reserves the right to withhold available credit in the amount of the payment for 7 business days Any credit available before the payment is made will continue to be available for use during this time 20. Skip Payment Option - We may. at our option. occasionally offer you an opportunity to "skip" your obligation to make the Minimum Payment due You may not skip payments unless we make this offer to you. You may skip up to two (2) payments in twelve (12) months without incurring a Late Payment Fee, but those two monthly payments may not be payments that are required in consecutive months. You cannot use a skip payment option if your Account is subject to a Delinquency Rate, is otherwise delinquent, or is in default. When you take advantage of a skip payment option we offer, the interest will continue to accrue on the entire unpaid balance of your Account 21. Change of address - Your monthly Account statements and notices about your Account will be sent to the address you provided in your application or your response to our Account solicitation. To change your address, you must call us at 1-800.285.8585 write to us at the following address: U.S. Bank National Association ND, P O. Box 6352, Fargo NO 58125.6352. We must receive this information 15 days before the date a billing cycle closes to provide your Monthly Account statement at your new address. Note: If you have an address change within 45 days of the expiration dale of your Card(s), please contact Customer Service 1-800-285-8585 with that information so your new Card(s) can be mailed to your new address. 22 Authorized signers - You or any other Account obligor may ask us to issue a Card and otherwise give Account access to a person authorized to use the Account. This person is called an "authorized signer'. You agree to be responsible for all Account transactions made by any such authorized signer. You agree not to give your Card to anyone else or allow anyone other than an authorized signer to use the Account. If you give your Card or Account number to someone other than an authorized signer, you will be liable for any charges made by that person, unless and except as expressly required by applicable law You, as a primary or joint Cardmember and Account obligor, must call us at 1-800-285.8585 or write us at U.S. Bank National Association NO. P.O Box 6352. Fargo ND 58125.6352 with any request to cancel and remove the Account authority of an authorized signer or any other person given access to the Account. 23. Lost or stolen Card or Convenience Checks - You must notify us immediately if your Card or Convenience Checks are lost or stolen or there is possible unauthorized use of your Card. You will not be liable for unauthorized use of the Account. You must notify U.S. Bank National Association NO by telephone at 1-800-285-8585. in writing at P.O. Box 6352, Fargo NO 58125-6352 If this happens, we will ask you and all other persons given Account access to return all Cards and unused Convenience Checks to our Investigations Department. In addition, we have the right to chose your Account and open a new Account if we do so, new Cards and Convenience (.hacks will be issued for your new Account. 24. Using Your Card In A Foreign Country - For VISA Accounts - You may use your Credit Card for retail purchases at foreign (outside the United States) merchants and for cash withdrawals from foreign ATMs that bear either the PLUS System or VISA logos. If you use your card at an ATM that bears only the PLUS System logo (and no VISA logo), the charge will be processed through the PLUS System and will be convened into U.S dollars at the exchange rate established, from time to time, by the operator of that ATM. pkis one percent of the result. If you use your card at a merchant or an ATM that bears the Visa logo (and no PLUS System logo), the charge will be processed through the VISA system and will be converted into U.S. dollars according to the applicable bylaws and rubs established by VISA from time to time. If you use your card at an ATM that bean both the VISA and PLUS System logos, the ATM operator will determine whether to send your transaction over the VISA or PLUS System network using such network's respective currency conversion rules then in effect. You understand that the exchange rate in effect when the charge is processed may differ from the rate in effect on the date of the transaction or posting to your Account. The amount of your transaction in dollars if processed through VISA (under its current bylaws and rules) will be: (a) The amount of the foreign currency times an exchange rate in effect one day prior to the processing date that is: (t) the government mandated rate, if there is one. or (ii) if there is no government mandated rate, the wholesale market rate, pluf, (b) One percent (1%) times the resulting dollar amount, plus (c) Our fee of (2%) times the sum of subparegraphs (a) and (b). illaeitl!1m3a.mo 25. Responsibility to pay - You agree to pay us for all Purchases, Advances, Balance Transfers, FINANCE CHARGES, Account Fees and charges, any other transaction charges as provided in this Agreement and, to the extent permitted under applicable law, attorneys fees and collection costs we incur enforcing this Agreement against you. This is the case even if the Account is only used by one of you, or is used by an authorized signer chosen by only one of you if (here is more than one Account Holder, each of you is responsible, together and separately, for the full amount owed on the Account 26. Intent to repay - Every time you use the Account. you represent to us that you intend and have the reasonable ability to repay your Account obligations. We rely on this representation every time you use the Account. 27 Settling a disputed balance; Payment in Full - If you want to settle a disagreement with us about any amount you owe by sending a check on which you have written 'Payment in Full" or similar language, you must send us a written explanation of the disagreement or dispute and any such check to U S Bank National Association ND. P 0. Box 8335. Fargo NO 58125-6335. (See "Your Billing Rights" section below for complete details.) This address is different then the address you use to make Accent payments. Writing "payment in full" or similar language on the check will not be enough to resolve the dispute. If we tolled a check or any payment instrument marked "Paid in Full" that you sent to an address other than the one provided in this section (such as the address at which you normally make payments). we will not have waived our right to collect any remaining amount you owe us under the terms of the Account 28. Default - You and the Account will be in default if: a) you do not make the Minimum Payment by the Payment Due Date disclosed on the monthly Account statement. b) you violate any other provision of this Agreement: c) you de without a surviving Joint Account Holder; d) you become insolvent- assign any property to your creditors. or go into bankruptcy or receivership; e) you have made false statements affecting the application or maintenance of your Account. D you go over your Credit Limit: g) we have any reason to believe that the Account is in danger of, or is being used for fraud, h) you are a married community property state resident and you or we receive a written termination notice of this Agreement from your spouse; or i) anything happens that we believe in good faith materially increases the risk that you will not live up to your payment and other obligations under this Agreement. 29. Illegal Purchases - The Card must not be used for any unlawful purpose. such as funding any account that is set up to facilitate online gambling. You agree that you will not use or knowingly permit another to use the Card err Account for any transaction that is illegal under applicable law. minimum dollar amount, with the maximum Advance Transaction Fee. shown below All Advance Transaction FINANCE CHARGE fees listed below are in addition to the interest that accrues on Account Advances. (?1 CASH RECEIVED FROM PERCENTAGE OF CASH FEE. MINIMUM MAXIM FINANCIAL INSTITUTION 4% $5 NONE CASH EOUIVALENT 4% Sip NONE ATM 4% S5 NONE CONVENIENCE CHECK 3% $5 NONE OVERDRAFT PROTECTION 3% $5 NONE We will add a Balance Transfer Fee FINANCE CHARGE to the Purchase balance of your A(xount equal to 3% of the balance transfer amount, subject to a minimum of $5 and a maximum of (no maximum). (b) In addition to interest, your Account may be subject to a FINANCE CHARGE in the form of a Promotional Discount Transaction Fee for each Promotional Discount you receive during the billing cycle. as outlined in any Promotional Discount offer we extend. (c) Annual Membership Fee. Classic Secured Visa- Each year. the Account will be subject to your payment in advance of $35, which will compensate us for maintaining and servicing the Account for the following year. Classic and Platinum Visa- We do not charge a fee for activating or servicing the Account for the first 12 months your Account is open. If you charge at least $.01 in Annual Net "Purchases" to the Account each year, the Annual Fee FINANCE CHARGE will be $0. If you do not charge at least $.01 in Annual Net "Purchases" to the Account during any year, the next annual renewal of the Account will be subject to your payment in advance of a $40 Annual Fee FINANCE CHARGE for Platinum, or $20 Annual Fee FINANCE CHARGE for Classic. Annual Net "Purchases" is equal to the dollar amount of Purchases charged by a cardmember during an Account year less returns and credits. (d) We will add a Late Payment Fee to the Purchase balance of the Account if your Minimum Payment is not received by the Payment Due Date shown on the monthly Account statement During any period of twelve consecutive months, the first 2 times your payment is late. a $29 Late Payment Fee will be assessed. Subsequent times your payment is late, the Late Payment Fee will be $38. The Late Payment Fee will be reduced to $29 when you have had two or fewer late payments in the prior period of twelve consecutive months. (e) We will add an Overtimit Fee of $35 to the Purchase balance of the Account if you exceed your Credit Limit at any time during the billing cycle, even if this occurs because FINANCE CHARGES or other fees are assessed on the Account The Ovedimll Fee disclosure will be determined by your state of residence. For KY, Ml, OH and TN. the fee will be disclosed as Overhmit Fee FINANCE CHARGE $35. For residents of any other state the fee will be disciosed as Overtimit Fee S35. (f) We will add a Returned Payment Fee of $35 to the Purchase balance of the Account if any payment on the Account is not honored or if we must return it to you because it cannot be processed. A check that is returned unpaid will be sent for collection. (g) We will add a Returned Convenience Check Fee of $35 to the Purchase balance of the Account it you write a Convenience Check that we do not honor under the terms of this Agreement. (See -Convenience Checks" and 'Paying and Stopping Payment on Convenience Checks" sections above for more details.) (h) We will add a Duplicate Documentation fee of $5 to the Purchase balance of the Account for each copy of a monthly statement, sales slip, refund slip, of Advance slip that you request. There will be no charge for documentation requests made in connection with a billing error notice, if our investigation indicates a billing error occurred. (i) We will add a Phone Pay Fee FINANCE CHARGE of $15 to the Purchase balance of the Account if you call us to make a payment on your Account and are assisted by a customer service representative to make the payment (j) We will add an Account Management Fee FINANCE CHARGE of $2.50 per month to the Purchase balance of the Account if you voluntarily close your Account with a balance (Secured accounts are not subject to this fee). (k) We will add a Secured Account Closing Fee FINANCE CHARGE of $25 M the Purchase balance of your Account if it is dosed any time within two years from when the Account was first opened. (1) We will add a Secured Account Credit Limit Change Fee FINANCE CHARGE of $15 to the Purchase balance of your Account if. at your request. we reduce the amount of your Credit L emit and release to you any funds from the corresponding Security Savings Account. PORTANT INFORMATION ABOUT USING YOUR ACCC 15. Insurance Charges - Credit life insurance and disability insurance are not required to obtain credit. If you are eligible, you may participate in a group credit card insurance program, which we have arranged. If you elect insurance coverage, an insurance premium charge (at the rate disclosed to you) will be added to the Purchase balance as of the closing date of each billing cycle based upon the Account balance (including accrued FINANCE CHARGES). The terms of your insurance coverage will be summarized in the Certificate of Insurance, which will be provided to you. 16. Credit Limit - The Account Credit Limit is the maximum amount of credit available and that you may owe under the Account at any time. You may not request or obtain additional Purchases. Advances or Balance Transfers once you have reached your Credit Limit. The initial Credit Limit is shown on the Card Carver and will also appear on your monthly Account statements. We reserve the right to review your Account at any time and increase or decrease you Credit Limit. You may not increase your Credit Limit by carrying credit balances over the Credit Limit we make available to you. (Also see the -Advance Limits" section above for more information about limits on Cash Advance, Cash Equivalent Advance and telephone transfer transactions). 17. Payment - You must pay us in U S. dollars with checks or similar payment instruments drawn on a financial institution located in the United Slates. We may. at our option, choose to make an exception and accept a payment drawn on a foreign bank. However. you will be charged and agree to pay any collection fees required in connection with such a transaction. The date you mail a payment is different than the date we receive that payment. For purposes of this Agreement, the payment date is the day we receive your check or money order at the address specified on your monthly Account statement. It you mail your payment without a payment coupon or to an incorrect address, it may result in a delayed credit to your Account. This may result in additional FINANCE CHARGES. fees, and possible suspension of your Account 16. Minimum Monthly Payment - Each month, you must pay at least the Minimum Payment and any past due Minimum Payment(s) by the Payment Due Date shown in your monthly Account statement. You may, at your option, pay more than the Minimum Payment or pay the New Balance in full to reduce or avoid the Interest FINANCE CHARGE for the Account. The Minimum Payment is equal to any Annual Membership Fee due, plus the greater of Sto or 2% of your regular Now Balance rounded to the next highest dollar or the fill amount of any regular New Balance less than $1 0.00. Any Minimum Payment or additional amount you pay each month will not prepay any future Minimum Payments required. or change your obligation to make at least a Minimum Payment by the Payment Due Date. 19. Payment Application - We will apply payments to promotional or discounted interest rate Purchase, Advance and Balance Transfer balances before we apply payments to higher rate balances. If we cannot collect your check or other paymenl item within a reasonable period of time, we may post as an Advance transaction the full amount of any credit previously given and charge interest on this amount from the posting date of the transaction. After a arbitration. The Arbitratoes decision will generally be final and binding. Other rights that you would have it you went to court may also not be available in arbitration. It is important that you read the entire Arbitration Provision carefully before accepting the terms of this Agreement. Any claim, dispute or controversy (whether in contract, regulatory, tort, or otherwise, whether pre-existing, present or future and including constitutional, statutory, common law, intentional tort and equitable claims) arising from or relating to (a) the credit offered or provided to you, (b) the actions of you. us or third parties or (c) the validity of this arbitration provision (individually and collectively. a "Claim) must, after an election by you or us, be resolved by binding arbitration in accordance with this arbitration provision and the Commercial Arbitration Rules of the American Arbitration Association ("AAA") in effect when the Clain is filed (or, in the event ttks arbitrator or these arbitration rules are no longer available, then a comparable substitute arbitration procedure and/or arbitration organization that does business on a nabonvAde basis). There $MR be no authority for any Claims to be arbitrated on a class action basis. An arbitration can only decide our or your Clain and may not consolidate or join the claims of other persons who may have similar claims. You may obtain rules and forms by calling the AAA at SM778.7579 Any arbitration hearing that you attend will take place in the federal judicial district where you reside. At your request. we will advance the first 5250 of the filing and hearing fees for any Claus you may Me against us; the arbitrator will decide whether we or you will ultimately pay those fees. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitelions, and shall honor claims of privilege recognized at law. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. This Arbitration Provision shall survive repayment of your extension of credit and termination of your Account This arbitration provision shall be governed by the Federal Arbitration Act. 9 U.S.C. JS 1 through 16 44. It you are an Executive Officer of U.S. Bancorp, or any of its bank affiliates. the Bank reserves the right to demand payment at any time. • To secure all of your obligations to us under this Cardmember Agreement, you specifically grant us a security interest in your Security Savings Account with us as described in the Security Agreement you signed as part of your Secured Visa application. The entire Security Savings Account balance, including any interest credited to the Security Savings Account and any additional deposits you make, is subject to our security interest regardless of the amount you owe us under the Account at any time. We have no obligation to release our security interest, in whole or in pan, until your Account is closed. the balance is repaid in full. and there has been no balance outstanding on the Account for thirty (30) consecutive days. Although we may release all or any portion of the Security Savings Account to you at arty time, this will not affect our security interest in the remaining balance of the Security Savings Account or any additional deposits to the Security Savings Account. You understand that this security interest is a condition to your Seared Visa Account and that it will continue, and the funds on deposit in the Security Savings Account will be under our control, until we release the security interest. Our security interest in the Security Savings Account secures only your obligations to us under any other credit card Accounts you may have with us. If your Seared Visa Account is in default. we will have all rights applicable law allows, including the right to apply the balance of your Security Savings Account to the entire balance outstanding under your Secured Account. To secure each purchase loan, you grant us a security interest under the Uniform Commercial Code in any goods you purchase with it. If you default, we with have the right to recover any of these goods which have not been fully paid for through our application of your payments. If you give or have given us or the financial institution whose name appears on your card a security interest in any property to secure all your debts, the Account will also be seared by that property to the extent permitted by law. We specificaly, disclaim as security for this Account any security interest in any "dwelling" as that term is defined under Regulation Z of the Federal Reserve Board KEEP THIS NOTICE FOR FUTURE USE This is important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us in Case of Errors or Questions About Your Bill If you think your bill is wrong or if you need more information about an item or transaction on your monthly billing statement. YOU MUST WRITE TO US ON A SEPARATE SHEET OF PAPER AND SEND IT TO' U S Bank National Association NO P O Box 6335 Fargo NO 58 /256 335 Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the first bill where the error or problem appeared. You can telephone us, but doing so will not preserve your legal rights under the Fair Credit Billing Act. In your letter, include the following information: 1) Your name and Account number. 2) the dollar amount of the suspected error: 3) the date the transaction occurred (if possible), and 4) describe the error, and explain, it you can, why you believe there is an error If you need more information, describe the item you are not sure about. If you have authorized us to pay your credit card bill automatically from your savings or checking account, you can stop the payment on any amount you believe is wrong. To stop the payment. your letter must reach us three business days before the automatic payment is scheduled to occur. Your Rights and Our Responsibilities After We Receive Written Notice We must acknowledge your letter within 30 days, unless we have corrected the error by then Within 90 days, we must either correct the error or explain why we believe the statement was correct. After we receive your letter, we cannot try to collect any amount you questioned or report your Account as delinquent. We can continue to bill you for the amount you questioned, including FINANCE CHARGES, and we can apply any unpaid amount against your Credit Limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your Account that are not in question. If we find that we made a mistake on your big, you will not have to pay any FINANCE CHARGES related to the questioned amount. If we did not make a mistake, you may have to pay FINANCE CHARGES and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fait to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within ten days telling us that you still refuse to pay. we must tell anyone we report you to that you have a question about your bill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we don't follow these rules. we cannot collect the first $50 00 of the questioned amount, even if your bill was correct Special Rules for Credit Card Purchases If you have a problem with the quality of property or services that you purchased with your credit card, and you have tried in good faith to comecl the problem with the Merchant. you may have the right not to pay the remaining amount due on the property or services. There are two imitations on this right and both must apply: 1) You must have matte the purchase in your home state or, if not within your home state within 100 miles of your current mailing address; and 2) The purchase price must have been more than $50. The cc ndibons do not apply if we own or operate the merchant or if we mailed you the advertisement for the property or services. SPECIAL RULES FOR CREDIT CARD PURCHASES DO NOT APPLY TO PURCHASES MADE WITH CONVENIENCE CHECKS OR BALANCE TRANSFER CHECKS. s?i:?µ..nv.P,s?' ;y?%/irl:ir.f)'.l?iYk+i.?.nYy'y,,!yVNVyhuio?iMi(d4?kMivrltl1W1o1J/e'i4?J+Midlii iW:,?b?u?Aiyyile':iYiaM<hN(i?.tiil?l+iw:+?y4Mi,lU+ai?ttM!K?MiMYi1YgM1tl6MM:?LwU+n:;iYW:mc.+,4 Xxxon s '? ? ? ?""9 Y ?' try ? setc-avcr, guk I s w tmvas dol ., a 1 C1 ca d?aed da? she bra of7a*'(" '"1 M'ab "AS W *WOW MMA L.gAIXT-r'tom WWA* " a-end vvmx* repswrertL?ttaat. car: +w "au of emy. type, kind„ *Rwift or mwoi WOW or at t :M SeirSo?a ?.1 ad + c otc?da A 1i0et Sala •Abowur4 dktt a as of Pobanraey 29..:24%.b"m A.sdow aid AiWp^ 4 of )asWWO- Oo wd.bbM )a and to eiah of ti?a mats klo at do Aunt Sdmdnlo ("?, t i '!j ached l?nbaa a?i , A- " `x et C=' lttbsic ?Eico eote : re ar t a aed of kind wau ..i S :?' ° i F: d here ant t+a t:S iood to prrx deafvcd 8roaa•#aeoo?vr'.t?ob?ga?r ?rt larorj?; ? ?+ 4fttu+;?,. ?o ?arh or ow- 4*WW; grope ; k4b WOW. S ok prow4s omd boa wads?, 9otn ea:d arltre ddcaeAf afr?edAo€Assd?. DATED. pebrda y 29, 2Oo8 ASSI(?}R: 'trS• ?.+kNatic.Aoal?} ,,15 „ BILL OF SALE FOR VALUE RECEIVED, and pursuant to the terms and conditions of the Account Purchase Agreement between Riverwalk Holdings, LLC("Seller") and Law Offices of Alan Mege. ("Purchaser"), Seller does hereby sell, assign, and convey to Purchaser, its sucessors and assigns, all right, title and interest of Seller in and to those certain Accounts described in Exhibit "A" (the "Accounts"). This BILL OF SALE is executed without recourse, warranty or representation of any kind, expressed or implied, including, without limitation, any warranty or representation as to the collectability of the Accounts, except as specifically provided in the Account Purchase Agreement. Executed this 23 day of March, 2009 X,;Vw;r _J VERIFICATION I, Alan R. Mege, Plaintiff herein, do hereby verify that I am the keeper of records of the Plaintiff in the foregoing civil action and that I am fully authorized to make this verification and that the facts set forth in the Complaint are true and correct to the best of my knowledge, information, and belief. Verifier understands that false statements herein are made subject to the penalties of 18 Pa. C.S.A.§ 4904, relating to unsworn falsification to authorities. -- Date: Alan R. Mege 'r 9'78.5AL mi, rr7 CKA 119 2-- R--i6- .2 ;W 12 qj Sheriffs Office of Cumberland County R Thomas Kline Sheriff ??y+t" of lr???rrf?i? Ronny R Anderson ,...: Chief Deputy Jody S Smith " Civil Process Sergeant OMCE OF rr ? s"'ERiF€ Edward L Schorpp Solicitor OF TIE Ti--L NnARy 2089 AUG 19 All 9. 13 C? .t1 Md'tii 1 (iOUN7y PENNSYLVANIA. Law Offices of Alan R. Mege vs. Penelope Zayas SHERIFF'S RETURN OF SERVICE Case Number 2009-5434 08/13/2009 01:30 PM - Tim Black, Deputy Sheriff, who being duly sworn according to law, states that on August 13, 2009 at 1330 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Penelope Zayas, by making known unto Elijah Pugh, son of defendant at 271 Newville Road Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $46.00 August 14, 2009 SO ANSWERS, R THOMAS KLINE, SH RIFF Deputy Sheriff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES of ALAN R. MP-GE, Plaintiff No. 09-5434- Civil Term vs. CIVIL ACTION PENELOPE ZAYAS, Defendant PRAECIPE TO THE CLERK OF SAID COURT: Please enter judgment in favor of Law Offices of Alan R. Mege and against Defendant Penelope Zayas in the amount of $3,255.21 plus costs and interest at the rate of 18.00% per annum from February 29, 2008, for want of filing an Answer. I certify that a 10-day notice, a copy of which is attached hereto, was served on Defendant via first class mail on September 3, 2009. ai ege, s . Attorney ID o. 81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016 (610) 954-5.93 .COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES of ALAN R. MP-GE, Plaintiff : No. 09-5434- Civil Term vs. CIVIL ACTION PENELOPE ZAYAS, Defendant TEN DAY NOTICE TO: Penelope Zayas, 271 Newville Rd., Shippensburg, PA 17257 DATE OF NOTICE: September 3, 2009 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 LOOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU ISO 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 TELEPHONE (717) 249-3166 Alan R. Mege sq. Attorney ID No. 81288 Attorney for Plaintiff Law Offices of Alan R. Mege, Esq. P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 IN THE COURT OF COMMON PLEAS OF. BERKS Law Offices of Alan R. Mege Plaintiff vs. Penelope Zayas Defendant COUNTY, PENNSYLVANIA NO. 09-5434- Civil Term AFFIDAVIT OF NON-MILITARY SERVICE 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 Penelope Zayas is over 18 years of age, resides at 271 Newville Rd., Shippensburg, PA. 17257. and is employed That Defendant is I years of age, resides at and is employed That Defendant is years of age, resides at and is employed That Defendant is years of age, resides at and is employed I, Alan R. M69e, Esquire, do hereby verify that I am the attorney for Plaintiff, that I am fully authorized to make this Verification on their behalf, that the Defendants are unavailable to make this Verification, that the facts contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief, and the source of my information are interviews with my client and the Plaintiff's filed documents. The verifier understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 490 ng to unsWorn falsification to authorities. Signed: / - % Dated: 9/15/09 F LED-:;? (T 0F THE PFPf '. N!0TARY 2009 SEP 2 I PH Z: 4 3 -*woo Po ATV CV-lr 1a571la(p 3 at aao85(r r COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES of ALAN R. MEGE, Plaintiff : No. 09-5434- Civil Term vs. CIVIL ACTION PENELOPE ZAYAS, Defendant ( ) Notice is hereby given that a Judgment in the above captioned matter has been entered against you in the amount of $3,255.21 plus costs and interest on 2009. ( ) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. ?If you have questions regarding this Notice, please contact the filing party: NAME: Alan R. Mege, Esq. ADDRESS: P.O. Box 1426 Bethlehem, PA 18016 TELEPHONE NO. 610-954-5393 (This Notice is given in accordance with Pa.R.C.P.§236.) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES of ALAN R. MEGE, Plaintiff : No. 09-5434- Civil Term VS. : CIVIL ACTION PENELOPE ZA YAS, Defendant PLAINTIFF'S MOTION TO COMPEL DEFENDANT'S ANSWERS TO INTERROGATORIES IN AID OF EXECUTION And now comes Plaintiff and submits the instant Motion to Compel, and in support thereof avers as follows: 1. Judgment for Plaintiff and against Defendant in the sum of $3,255.21 plus costs was entered in Cumberland County on September 21, 2009. 2. Plaintiff served Interrogatories in Aid of Execution upon Defendant, via first class mail on October 22, 2009. 3. Pursuant to Pa.R.C.P. 4006 (a) (2), Defendant's responses to the Interrogatories were due within thirty days after they had been served, but none has been received as of the date of giving notice herein. 4. Counsel for Plaintiff has made a good faith effort to confer with Defendant, but Defendant has still failed to reply. 5. A copy of this Motion and proposed Order were mailed to Defendant, via first class mail on November 24, 2009. A certificate of Service is attached hereto as Exhibit "A". 6. As of November 24, 2009, Plaintiff has not received answers to the Interrogatories. 7. Plaintiff requires an Order pursuant to Pa.R.C.P. 4019 (a) (1) (I), compelling the Defendants to answer the Interrogatories. 8. No Judge has ruled upon other issues in this matter. 9. Concurrence with the Pro Se Defendant has been sought and denied. WHEREFORE, Plaintiff, requests that this Honorable Court grant its motion and enter an Order directing the Defendant to answer Plaintiff's Interrogatories within twenty (20) days or risk sanctions, pay fees in the amount of $100.00, as well as such other and further relief as the Court may deem just and appropriate. Alan R. Mege, Esq. Attorney ID No. 8 88 Attorney for Plaintiffs P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 -2- COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES of ALAN R. MEGE, Plaintiff : No. 09-5434- Civil Term VS. CIVIL ACTION PENELOPE ZAYAS, Defendant CERTIFICATE OF SERVICE I, Alan R. M&ge, Esquire, hereby certify that on November 24, 2009, I served a true correct copy of Plaintiffs Motion to Compel Defendant's Answers to Interrogatories in Aid of Execution and proposed Order by mailing same, first class, postage prepaid to: Penelope Zayas, 271 Newville Rd., Skippensburg, PA 17257. Alan R. M6ge, Es Atty. I.D. #81 Attorney for laintiff P.O. Box 1426 70 East Broad St. Bethlehem, PA 18016-1426 Ft. E L-.!e...j -srti. w r)F THE PP"-' CNOTARY 2009 NOV 25 PH ?,: 00 r