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HomeMy WebLinkAbout09-5626IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Unifund Corporation as assignee of BANK OF AMERICANA CIVIL ACTION 10625 Techwoods Circle Cincinnati, OH 45242 Plaintiff VS. NO: dq - 5(00'?lo Civil lair" JOANNE O KNOWLES 12 WHEATLAND DR MECHANICSBURG PA 17050 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 Unifund Corporation as assignee of BANK OF AMERICANA 10625 Techwoods Circle Cincinnati, OH 45242 VS. JOANNE O KNOWLES 12 WHEATLAND DR MECHANICSBURG PA 17050 Defendant NO: O q- -5'6 J tr ?wt ( ?tc r? COMPLAINT Plaintiff, Unifund Corporation, by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, Unifund Corporation as assignee of September 17, 2007, (hereinafter "Plaintiff") is a New York general partnership with a principal place of business located at 10625 Techwoods Circle, Cincinnati, OH 45242. 2. The Defendant JOANNE O KNOWLES (hereinafter "Defendant") is an adult individual residing at 12 WHEATLAND DR MECHANICSBURG PA 17050. 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 BANK OF AMERICA NA with the account number 4888937991396393. 5. The within account was sold by BANK OF AMERICANA to Unifund for CIVIL ACTION Plaintiff 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. Use of the BANK OF AMERICANA 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, Cardmember Agreement attached hereto as Exhibit "B.") 7. Defendant used the BANK OF AMERICANA credit card account number4888937991396393, for purchases, cash advances and/or balance transfers. 8. The Defendant was mailed account statements relative to the Defendant's use of the subject credit card. (See, Card Statements attached hereto as Exhibit "C.") 9. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 10. The account became delinquent on September 17, 2007. 11. The amount due and owing was $8,562.68 at the time it was received by Plaintiff. 12. Pursuant to the account agreement, any unpaid balance accrues interest at the rate of 28.99. 13. The total amount due and owing the Plaintiff including interest, is $12,231.44. 14. 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 $12,231.44 plus costs of suit and any other relief as the Court deems just and appropriate. c IkKin A. AbrZO Michael F. Rae Heather K. We Attorney I.D. 7 1729 Pittston Scranton, PA" 505 mratchford@eaa-law.com hwoodruff@eaa-law.com Phone: 570-558-5510 Fax: 570-558-5511 VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff,Unif ind Corporation as assignee of BANK OF AMERICA NA, 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. a q ` OV-0 Bankof America ?, EXHIBIT pj BILL OF SALE AND ASSIGNMENT OF LOANS The undersigned Assignor ("Assignor") on and as of the date hereof hereby absolutely sells, transfers, assigns, sets-over, quitclaims and conveys to Unifund Portfolio A, LLC, a limited liability company organized under the laws of Ohio ("Assignee") without recourse and without representations or warranties of any type, kind, character or nature, express or implied, subject to Buyer's repurchase rights as set forth in Sections 8.1 and 8.2, all of Assignor's right, title and interest in and to each of the loans identified in the loan schedule ("Loan Schedule") attached hereto (the "Loans"), together with the right to all principal, interest or other proceeds of any kind with respect to the Loans remaining due and owing as of the Cut-Off Date applicable to such Loans as set forth in the Loan Sale Agreement pursuant to which the Loans are being sold (including but not limited to proceeds derived from the conversion, voluntary or involuntary, of any of the Loans into cash or other liquidated property). DATED: January 29, 2009. ASSIGNOR: FIA CARD SERVICES, N.A. Name: Debra L. Pellicciaro Title: Assistant Vice President Fax: 302.458.0438 Bank of America, Asset Sales Deerfield III, 855 Paper Mill Road, NewaA, DE 19711 0ewcW Paper s Bankof America IMPORTANT NOTICE OF CHANGE IN TERMS Banc of America Corporation and MBNA Corporation are pleased to announce our merger. In bringing the organizations together. we are creating a credit card bank that will provide our customers with a greater range of financial solutions than ever before. We are consolidating our credit card program into one bank: F1A Card Services, N.A. As a result, beginning October 19, 2006 (the "Effective Date"), your Bank of America cxedd card account will be issued and administered by F1A Card Services, N.A. This document, together with the Supplement To The Notice Of Change In Terms on the enclosed statement, is your new "Credit Card Agreement" and replaces in whole, on the Effective Date, your existing Cardholder Agreement and will apply to all new and outstanding balances. Please read these documents carefully and retain them for your records. Except for Section 12 and Section 13, all of the changes below will apply to your account as of the first day of your tiling cycle that includes the Effective Date. Sections 12 and 13 will apply to your account as of the Effective Date. As a part of the transition, we will be restructuring your account balances into four balance categories (as newly defined by your Credit Card Agreement): Category A, for Check Cash Advances and Balance Transfers; Category B. for Bank and ATM Cash Advances; Category C for Purchases; and Category D for Other Balances. In some cases we will consolidate existing balances into a single balance category. When we do so, we will horror, or lower, the existing Annual Percentage Rates, including any existing promotional rates or default rates that may be available on this account. CREDIT CARD AGREEMENT We reserve the right to change the terms of this Agreement at any time, as further described In the following sections: Balance Categories and We May Amend This Agreement. 1. YOUR CONTRACT WITH US Your Agreement with us consists of this Credit Card Agreement and any changes we make to it from time to time. The terms of this Agreement apply to you if any of you applied for and were granted an account, used the account, maintained the account, and/or otherwise accepted the account. You agree to the terns and conditicns.of this Agreement. Bank of America, N.A. (USA) F01-CI125-DUAL 2006 Bank ofAmerica I i . r i f 2 WORDS USED OFTEN IN THIS AGREEMENT Access check" means an access check we provide to you to make a Check Cash Advance on your account. Agreement" or "Credit Card Agreement" means this document and arty changes we make to this document from time to time. "APR" means the corresponding Annual Percentage Rate. The APR corresponds to the Daily Periodic Rate (°DPR") which is calculated by dividing the corresponding APR by 365. 'Cartr means all the credit cards we issue to you and to any o8w person with authorization for use on this account pursuant to this Agreement. "Cash Advance" means the use of your account for a loan obtaired: (1) at an automated teller machine ("ATM Cash Advance"); (2) by a transfer of funds initiated by us at your request ('Balance Transfer"); (3) at any financial institution (e.g., to obtain cash, money orders, or travelers checks), including overdraft transactions if this account is eligible for and properly enrolled In an overdraft protection program, at any non-financial institution (to obtain cash), or for any payment you make to us that is returned to us unpaid for any reason, including the related finance charges ("Bank Cash Advance"); (4) by an access check you sign as drawer ("Check Cash Advance"). "Cash Advance" includes Transaction Fees and adjustments associated with any Cash Advance. "Default Rate" means the APR which may be applied without further notice to your account in certain instances of your default, as described in the section titled, Default Pricing. "Foreign Transaction" means any transaction made in a foreign currency (including, for example, online purchases fern foreign merchants). Grace Period" means the period of time during a billing cycle when you will not accrue Periodic Rate Finance Charges on certain transactions or balances. 'New Balance Totar means the total billed amount as of the hosing Date of a billing cycle, as shown on your monthly statement. To determine the New Balance Total, we start with the total balance at the beginning of the billing cycle, which is the "Previous Balance." Then we subtract payments and credits. Then we add Cash Advances, Purchases and Finance Charges. 'Pay in Fulr or "Paid in Full" means payments and credits in a billing cycle totaling at least your previous billing cycle's New Balance Total. In general, Pay in Full must be made by the Payment Due Date in order to get a Grace Period. i ' Y 3 "Promotional Rate" means a temporary APR that may be offered on a balance category for a designated time period, and may be subject to other conditions. "Purchase" means the use of your card or account number to: (1) buy or lease goods or services; (2) buy "Cash Equivalents' (i.e., foreign currency, money orders or travelers checks from a non-financial institution, or wire transfers, out-of-network bill payments made through FIACS's online bill payment service, person to person money transfers, bets, lottery tickets, or casino gaming chips) from any seller other than a financial institution; and (3) make a transaction that is not otherwise a Cash Advance. "Purchase" includes Account Fees, as well as Transaction Fees and adjustments associated with any Purchase. "We,* 'us," "our," and "FIACS' mean FIA Card Services, N.A., also known as Bank of America. 'You' and "your" mean each and all of the persons who are granted, accept or use an account we hold. "You" and "your' also mean any other person who has guaranteed payment of this account, when used in the sections titled, Your Contract With Us, We May Monitor and Record Telephone Calls, and Arbitration and Litigation, and when used in each of the sections relating to payment of this account (e.g., Your Promise to Pay, and How We Allocate Your Payments). We will use the definitions described under the section heading Words Used Often in This Agreement or as otherwise defined in this Agreement. If we use a capitalized term in this document but we do not define the term in this document, the term has the meaning as used in your monthly statement. We use section headings (e.g., Words Used Often in This Agreement) to organize this Agreement. The headings are for reference purposes only. 3. BALANCE CATEGORIES When a Cash Advance or Purchase transaction occurs, we add the amount of the transaction and any associated finance charges, to one of the following balance categories: Category A - Balance Transfers and Check Cash Advances Category B - ATM Cash Advances and Bank Cash Advances Category C •- Purchases Category D - Other Balances From time to time, we may move certain balances from one category to another (for example, so we can accommodate promotional terms), and we wit tell you when we do. Each balance category has its own APR. All rates are subject to change. In addition to the Annual Percentage Rate section, please see how we may change the rates on your account in the section titled, We May Amend This Agreement. E 4. ANNUAL PERCENTAGE RATES See Supplement To The Notice Of Change In Terms on the enclosed statement 5. DEFAULT PRICING See Supplement To The Notice Of Change In Terms on the enclosed statement 6. CALCULATION OF PERIODIC RATE FINANCE CHARGES We calculate Periodic Rate Finance Charges for each balance category by multiplying its Balance Subject to Finance Charge by the applicable DPR and that result by the number of days in the billing cycle. 7. BILLING CYCLE Your billing cycle ends each month on a Closing Date determined by us. Each billing cycle begins on the day after the Closing Date of the previous billing cycle. Each monthly statement reflects a single billing cycle. 8. WHEN PERIODIC RATE FINANCE CHARGES BEGIN TO ACCRUE Each new Category A and Category B Cash Advance begins to accrue Periodic Rate Finance Charges on its transaction date. Category A and Category B balances remaining from previous billing cycles accrue Periodic Rate Finance Charges from the first day of the billing cycle. The transaction date for Check Cash Advances and Balance Transfers made by check is the date the check is first deposited or cashed. The transaction date for a returned payment (a Bank Cash Advance) is the date that the corresponding payment posted to your account. Unless subject to a Grace Period, each new Category C Purchase and each new Category D Other Balance begins to accrue Periodic Rate Finance Charges on its transaction date or the first day of the billing cycle, whichever date is later. Unless subject to a Grace Period, Category C balances and Category D balances remaining from previous billing cycles accrue Periodic Rate Finance Charges from the first day of the billing cycle. When applicable, Periodic Rate Finance Charges accrue daily and compound daily on new balances, and balances remaining from previous billing cycles, in each balance category. Periodic Rate Finance Charges will continue to accrue even though you have paid the full amount of any related balances in a balance category because we include any accrued but unpaid finance charges in the calculation of the Balance Subject to Finance Charge. Your Payment Due Date will be at least 20 days from your statement Closing Date. 9. GRACE PERIOD See Supplement To The Notice Of Change In Terms on the enclosed statement for complete terms. I& CALCULATION OF BALANCES SUBJECT TO FINANCE CHARGE Categories A and B - Average Balance Method (including new Cash Advances) We calculate separate Balances Subject to Finance Charge for Category A balances and Category B balances. We date the Balance Subject to Finance Charge for each of these balance categories by: (1) calculating a daily balance for each day in the current billing cycle; (2) calculating a daily balance for each day prior to the current billing cycle that had a "Pre-Cycle Cash Advance" balance (a Pre-Cycle Cash Advance is a Cash Advance with a transaction date prior to the current billing cycle but with a posting date within the current billing cycle); (3) adding all the daily balances together, and (4) dividing the sum of the daily balances by the number of days in the current billing cycle. To calculate the daily balance for each day in the current billing cycle, we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, add new Cash Advances and Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. To calculate a daily balance for each day prior to the current bilfs?g cycle that had a Pre-Cycle Cash Advance balance, we take the beginning balance attributable solely to Pre-Cycle Cash Advances (which will be zero on the transaction date of the first Pre-Cycle Cash Advance), add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, and add only the applicable Pre-Cycle Cash Advances, and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles. Categories C and D - Average Daily Balance Method (including new transactions) See Supplement To The Notice Of Change In Terms on the enclosed statement for complete terns. 11- MINIMUM FINANCE CHARGE See Supplement To The Notice Of Change In Terms on the enclosed statement for complete terms. 12.TRANSACTION FEE FINANCE CHARGES See Supplement To The Notice Of Change In Terms on the enclosed statement for complete terms. 13. ACCOUNT FEES See Supplement To The Notice Of Change In Terms on the enclosed statement for a complete list of fees. 14. OVERDRAFT PROTECTION If your checking account with Bank of America is linked to this account, this overdraft protection feature will allow funds to be transferred ("overdraft protection transfers") from this account into your designated checking account with Bank of America r I I ("checking account") when transactions occur on your checking account, such as checks or other debits, that if paid would cause the checking account to be overdrawn (`overdraft transactions'. Overdraft protection transfers include automatic transfers to cover checking account fees. Overdraft protection transfers are processed after close of business Monday through Friday and are treated as Category B Cash Advances. Each day's overdraft transactions will be totaled and rounded to the next $100 ($25 d you opened your checking account in Washington or Idaho) increment up to your available credit limit, regardless of who initiated the overdraft transactions. For example, if- your checking account has a balance of $1.00 and a check or other debit item for $125 is presented for payment, whichrf paid would cause your checking account to be overdrawn, an overdraft protection transfer of $200 will be made to your checking account and a Bank Cash Advance of $200 will post to this account The amount of available credit on this account must be sufficient to cover the total amount of overdraft transactions (received by Bank of America that day) rounded to the next $100 increment (but excluding any overdraft protection fee); otherwise one or more of the overdraft transactions for that day will be rejected. However, if the available credit on this account is greater than the overdraft transaction amount, but the available credit is insufficient for the overdraft transaction amount to be rounded to the next $100 increment, then the amount of the overdraft transaction will be rounded to the highest whole dollar amount of your available credit. (And in such an event, the accrued finance charges may result in an Overlimit Fee.) We may permit or refuse to permit any overdraft protection transfer that would cause you to exceed the credit limit on this account; but if we permit it, you may be assessed an Overrmit Fee during the billing cycle in which the transfer occurs. This overdraft protection feature will automatically be cancelled if this account is closed by either you or us, or at arty time upon your request Your overdraft transactions remain subject to the terms of your checking account with Bank of America, any related enrollment agreement, and this Agreement. 15. SIGN YOUR CARD You should sign your card before you use it. 16. HOW TO USE YOUR ACCOUNT You may obtain credit in the form of Purchases and Cash Advances by using cards, access checks, your account number, or other credit devices. 17. WE MAY MONITOR AND RECORD TELEPHONE CALLS You consent to and authorize FIACS, any of its affiliates, or its marketing associates to monitor and/or record any of your telephone conversations with our representatives or the representatives of any of those companies. Where you have provided a cell phone number directly to us, or placed a cell phone call to us, you consent and agree to accept collection calls to your cell phone from us. For any telephone or cell phone calls we place to you, you consent and agree that r i those calls may be automatically dialed and/or use recorded messages. 18. CREDIT REPORTING AGENCIES; COLLECTING AND SHARING INFORMATION You authorize us to collect information about you in order to conduct our business and deliver the top quality service you expect, including information we receive about you, information we receive from third parties such as credit reporting agencies and information about your transactions with us and other companies. You authorize us to share such information about you or your account with our affiliates and others. You may have the right to opt out of some information sharing. For more details, please refer to our Privacy Policy. If you believe we have furnished inaccurate or incomplete information about you or your account to a credit reporting agency, write to us at: FIA Card Services, N.A., Credit Reporting Agencies, P.O. Box 17054, Wilmington, DE 19884- 7054. Please include your name, address, home phone number, and account number, and explain what you believe is inaccurate or incomplete. 19. PURPOSES FOR USING YOUR ACCOUNT You may use your account for personal, family, or household purposes. You may not use your account for business or commercial purposes. You may not use a Check Cash Advance, or any other Cash Advance, to make a payment on this or any other account with us or our affiliates. You may not use or permit your account to be used to make arty illegal transaction. You will only use your account for transactions that are legal where you conduct them. For example, Internet gambling transactions may be illegal in your state. Display of a payment card logo by an online merchant does not mean that an Internet transaction is legal where you conduct it. We may charge your account for such transactions. We will not be liable if you engage in an illegal transaction. We may deny aufhorization of any transactions identified as Internet gambling. 20. PERSONS USING YOUR ACCOUNT It you permit any person to use your card, access checks, account number, or other credit device with the authorization to obtain credit on your account, you may be liable for all transactions made by that person including transactions for which you may not have intended to be liable, even if the amount of those transactions causes your credit limit to be exceeded. Authorized users of this account may have the same access to information about the account and its users as the account holders. We may send account materials (cants, statements and notices) to any liable party, and that person will be responsible for delivering those materials to the other liable parties and authorized users. Notice to any of you will be considered notice to all of you. You may allow authorized users on your account in the following ways: (1) by notifying us that you want someone added to your account as an authorized user (2) by lending your card or account number to another; or (3) by any other ways in which you would be legally considered to have allowed another to use your account or to be legally prevented from denying that you did so. You must think carefully before you allow anyone to become an authorized user. By doing so, you authorize the person to use your account to the same extent you can, including but not limited to making any purtdhases, cash advances, balance transfers and allowing others to use your account. Your account does not permit you to limit the nature or amount of authority you give to any authorized user and you will not attempt to do so. An authorized user's authority will continue until you both notify us that you are terminating the authority and you physically retrieve the card. If you cannot retrieve the card, you will remain liable for any transactions that we cannot prevent after you notify us. 21. YOUR PROMISE TO PAY You promise to pay us the amounts of all credit you obtain, which includes all Purchases and Cash Advances. You also promise to pay us all the amounts of finance charges, fees, and any other transactions we charge to your account. If a bank branch or office sponsors your account, you promise to pay it any unpaid account balance it pays us within 30 days. 22. PAYMENTS ON YOUR ACCOUNT You must pay each month at least the Total Minimum Payment Due shown on your monthly statement by its Payment Due Date. Your Payment Due Date may vary from month to month. Payments must conform to the requirements set out on that monthly statement; these requirements may vary without prior notice. You may pay the entire amount you owe us at any time. Payments made in any billing cycle that are greater than the Total Minimum Payment Due will not affect your obligation to make the next Total Minimum Payment Due. If you overpay or if there is a credit balance on your account, we will not pay interest on such amounts. We will reject payments that are not drawn in U.S. dollars and those drawn on a financial institution located outside of the United States. We reserve the right to reject any payment if your account has a credit balance as of the day we receive that payment. Payment of your Total Minimum Payment Due may not avoid the assessment of Overlimit Fees. Generally, credits to your account, such as those generated by merchants or by person-to-person money transfers, are not treated as payments and will not reduce your Total Minimum Payment Due. See Supplement To The Notice Of Change In Terms on the enclosed statement for additional terms. 23. TOTAL MINIMUM PAYMENT DUE You may pay your total outstanding balance at any time. Each billing cycle, you must pay at least the Total Minimum Payment Due shown on your monthly statement by its Payment Due Date. The Total Minimum Payment Due is the surn of all past due amounts plus the Current Payment. See Supplement To The Notice Of Change In Terms on the enclosed statement for additional terms. 24L WHEN YOUR PAYMENT WILL BE CREDITED TO YOUR ACCOUNT We credit your payments as of the date received, if the payment is (1) received by 5 p.m. (Eastern Time); (2) received at the address shown in the upper left4iand corner of the front of your monthly statement; (3) paid with a check drawn in U.S. dotiars on a U.S. financial institution or a U.S. dollar money order and (4) sent in the return envelope with only the top portion of your statement accompanying it. Payments received after 5 p.m. on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. Credit for any other payments may be delayed up to five days. 25. HOW WE ALLOCATE YOUR PAYMENTS We will allocate your payments in the manner we determine. In most instances, we will allocate your payments to balances (mduding transactions made after your latest statement) with lower APRs before balances with higher APRs. This will result in balances with lower APRs (such as new balances with promotional APR offers) being paid before any other existing balances. 26. PROMISE TO PAY APPLIES TO ALL PERSONS AN persons who initially or subsequently request, accept, guarantee or use the account are individually and together responsible for any total outstanding balance. If you and one or more persons are responsible to pay any total outstanding balance, we may refuse to release any of you from liability and all of the cards, access checks, and other credit devices outstanding under the account have been retumed to us and you repay us the total outstanding balance owed to us at any time under the terms of this Agreement. 27. DEFAULT You will be in default of this Agreement if: (t) you fail to make any required Total Minimum Payment Due by its Payment Due Date; (2) your total outstanding balance exceeds your credit Emit or (3) you fail to abide by any other term of this Agreement. Our failure to exercise any of our rights when you default does not mean that we are unable to exercise those rights upon later default. 28. WHEN WE MAY REQUIRE IMMEDIATE PAYMENT If you are in default, then in addition to our other remedies under this Agreement, we can require immediate payment of your total outstanding balance and, unless prohibited by applicable law and except as otherwise provided under the Arbitration and LAIFgabon section of this Agreement, we can also require you to pay the costs we incur in any collection proceeding, as well as reasonable altomeys' fees if we refer your account for collection to an attorney who is not our salaried employee. 29. OTHER PAYMENT TERMS We can accept late payments, partial payments, or payments with any restrictive writing without losing any of our rights under this Agreement. This means that no payment, including those marked with °paid in full" or with any other restrictive i • shall operate as an accord and satisfaction without the prior written approval of tine of our senior officers. You may not use a postdated check to make a payment. if you do I postdate a payment check, we may elect to honor it upon presentment or return it uncredited to the person that Presented it without in either case waiting for the date shown on the check. We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take. 30: PAYMENT HOLIDAYS AND REDUCED PAYMENT OFFERS We my allow you. from time to time, to omit a monthly payment or make a reduced payment. We will notify you when these options are available. If you omit a payment or make a reduced Payment, finance charges, applicable fees, and other rear transactions, if any, will accrue on your account balances in accordance with this Agreement. The reduced I Payment amount may be less than your finance charges. You must make the reduced payment on time to avoid a late fee. You must resume making your regular Total Minimum Payment Due each month following a payment holiday or reduced payment offer. ; 31. YOUR CREDIT LIMIT J Your credit limit is disclosed to you when you receive your card and, generally, on each monthly statement. We may change your credit limit from time to time. The amount shown . on your monthly statement as Cash or Credit Available does not take into account any Purchases, Cash Advances, finance charges, fees, any other transactions, or credits which post to your account after the Closing Date of that monthly statement. Such transactions could result in your credit limit being exceeded and result in the assessment of Overfimit Fees, loss of Promotional Oates, and Default Pricing. 32. WHAT WE MAY DO IF YOU ATTEMPT TO EXCEED YOUR CREDIT LIMIT The total outstanding balance on your account plus authorizations at any time must not be more than your credit limiL If you attempt a transaction which results in your total outstanding balance (plus authorizations) exceeding your credit Omit, we may. (1) permit the transaction without raising your credit limit; (2) permit the transaction and treat the amount of the transaction that is more than the credit limit as immediately due; or (3) refuse to permit the transaction. If we refuse to permit the transaction, we may advise the person who attempted the transaction that it has been refused. It we refuse to Permit a Check Cash Advance or Balance Transfer, we may do so by advising the person presenting the Check Cash Advance or Balance Transfer that credit has been refused, that there are insufficient funds to pay the Check Cash Advance or Balance Transfer, or in any other manner. t 1 i If we have previously permitted you to exceed your credit limit, it does not mean that we will permit you to exceed your credit limit again. If we decide to permit you to exceed your credit limit, which could trigger a promotion turn-off event, we may also charge an Overlimit Fee and/or apply Default Pricing as provided in this Agreement. 33. WE MAY AMEND THIS AGREEMENT We may amend this.Agreement at any time. We may amend it by adding, deleting, or changing provisions of this Agreement. We may increase or decrease any or all of your APRs. We may increase any or all of your APRs to rates which exceed the Default Rate. When we amend this Agreement we will comply with the applicable notice requirements of federal and Delaware law that are in eff ect at that time. The amended Agreement (including any higher rate or other higher charges or fees) will apply to the total outstanding balance, including the balance existing before the amendment became effective. If an amendment gives you the opportunity to reject the change, and if you reject the change in the manner provided in such amendment, we may terminate your right to receive credit and may ask you to return all credit devices as a condition of your rejection. We may replace your card with another card at anytime. 34. WE MAY SUSPEND OR CLOSE YOUR ACCOUNT We may suspend or close your account or otherwise terminate your right to use your account We may do this at arry time and for any reason.Your obligations under this Agreement continue even after we have done this. You must destroy all cards, access checks or other credit devices on the account when we request 35. YOU MAY CLOSE YOUR ACCOUNT You may close your account by notifying us in writing or by telephone, and destroying all cards, access checks or other credit devices on the account. Your obligations under this Agreement continue even after you have done this. 36. TRANSACTIONS AFTER YOUR ACCOUNT IS CLOSED When your account is closed, you must contact anyone aulhimized to charge transactions to your account, such as intemet service providers, health clubs or insurance companies. These transactions may continue to be charged to your account until you change the billing. Also, if we believe your have authorized a'transaction or are attempting to use your account after you have requested to close the account, we may allow the transaction to be charged to your account. 37. REFUSAL TO HONOR YOUR ACCOUNT We are not liable for any refusal to honor your account. This can include a refusal to honor your card or account number or any check written on your account. We are not liable for any rdention of your card by us, any other financial institution, or arry provider of goods or services. j 38. HOW YOU MAY STOP PAYMENT ON AN ACCESS CHECK You may request a stop payment on an access check by providing us with the access check number, dollar amount, and payee exactly as they appear on the access check. Oral and written stop payment requests on an access check are e5ec ive for six months from the day that we place the stop payment. 39. YOU MAY NOT POSTDATE AN ACCESS CHECK You may not issue a postdated access check on your aocounL If you do postdate an access check, we may elect to honor it upon presentment or return it unpaid to the person that presented it to us for payment, without in either case waiting for the date shown on the access check. We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take. 40. TRANSACTIONS MADE IN FOREIGN CURRENCIES If you make a transaction in a foreign currency, the transaction will be converted by Visa International or MasterCard International, depending on which card you use, into a U_S. dollar amount in accordance with the operating regulations or conversion procedures in effect at the time that the transaction is processed. Currently, those regulations and procedures provide that the currency conversion rate to be used is either (1) a wholesale market rate or (2) a govemment-mandated rate in effect one day prior to the processing date. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or the posting date. 41. BENEFITS We may offer you certain benefits and services with your account. Any benefits or services are not a part of this Agreement, but are subject to the terms and restrictions outlined in the benefits brochure and other official documents provided to you from time to time by or on behalf of FIACS. While any benefits or services described in the previous sentence are not a part of this Agreement, any claim or dispute related to arty such benefit or service shall be subject to the Arbftraffon and LffigaSon section of this Agreement. We may adjust, add, or delete benefits and services at any time and without notice to you. 42. WE MAY SELL YOUR ACCOUNT We may at any time, and without notice to you, sell; assign or transfer your account, any sums due on your account. this Agreement, or our rights or obligations under your account or this Agreement to any person or entity. The person or entity to whom we make arry such sale, assignment or transfer shall be entitled to all of our rights and/or obligations under this Agreement, to the extent sold, assigned or transferred. 43. YOU MUST NOTIFY US WHEN YOU CHANGE YOUR ADDRESS We strive to keep accurate records for your benefit and ours. The post office and others may notify us of a change to your i I t address. When you change your address, you must notify us promptly of your new address. 44. WHAT LAW APPLIES This Agreement is made in Delaware and we extend credt to you from Delaware. This Agreement is governed by the laws of the State of Delaware (without regard to its conflict of laws principles) and by any applicable federal laws. 45. THE PROVISIONS OF THIS AGREEMENT ARE SEVERABLE If any provision of this Agreement is found to be invalid, the remaining provisions will continue to be effective. 46. OUR RIGHTS CONTINUE Our failure or delay in exercising any of our rights under this Agreement does not mean that we are unable to exercise those rights later. 47. UNAUTHORIZED USE OF YOUR CARD Please notify us immediately of the toss, theft, or possible unauthorized use of your. account at (800) 732-9194 and (800) 681-2803 for Spanish. 48. ARBITRATION AND LITIGATION This Arbitration and Litigation provision applies to you unless you were given the opportunity to reject the Arbitration and Litigation provisions and you did so reject them in the manner and timeframe required. If you did reject effectively such a provision, you agreed that any litigation brought by you against us regarding this account or this Agreement shall be brought in a court located in the State of Delaware. Any claim or dispute rClaim's by either you or us against the other, or against the employees, agents or assigns of the other, arising from or relating in any way to this Agreement or any prior Agreement or your account (whether under a statute, in contract, tort, or otherwise and whether for money damages, penalties or declaratory or equitable relief) shall, upon election by either you or us, be resolved by binding arbitration. The arbitrator shall resolve any Claims, induding- the applicability of this Arbitration and Litigation Section or the validity of the entire Agreement or any prior Agreement, except for any Claim challenging the validity of the Class Action Waiver, which shall be decided by a court. In addition, we will not choose to arbitrate an individual Claim that you bring against us in small claims court or an equivalent court, if any. But if that Claim is transferred, removed or appealed to a different court, we then have the right to choose arbitration. Arbitration shall take place before a single arbitrator and on an individual basis without resort to any form of class action. Arbitration may be selected at any time unless a judgment has been rendered or the other party would suffer substantial prejudice by the delay in demanding arbitration. The arbitration shall be conducted by the National Arbitration Forum CNAF"), under the Code of Procedure in effect at the time the Claim is filed. Rules and forms of the National Arbitration Forum may be obtained and Claims may be filed at any National Arbitration Forum office, www.arb- forum.com, or P.O. Box 50191, Minneapolis, Minnesota 55445, telephone (800) 474-2371. If the NAF is unable or unwilling to act as arbitrator, we may substitute another nationally recognized, independent arbitration organization that uses a similar code of procedure. At your written request, we will advance any arbitration filing fee, administrative and hearing fees which you are required to pay to pursue a Claim in arbitration. The arbitrator will decide who will be ultimately responsible for paying those fees. If you file a claim against us, in no event will you be required to reimburse us for any arbitration filing, administrative or hearing fees in an amount greater than what your court costs would have been if the Claim had been resolved in a state court with jurisdiction. Any arbitration hearing at which you appear will take place within the federal judicial district that includes your billing address at the time the Claim is filed. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 ("FAA"). Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow existing substantive law to the extent consistent with the FAA and applicable statutes of limitations and shall honor any claims or privilege recognized by law. If any party requests, the arbitrator shall write an opinion containing the reasons for the award. No Claim submitted to arbitration is heard by a jury or may be brought as a class action or as a private attorney general. You do not have the right to act as a class representative or participate as.a member of a class of claimants with respect to any Claim submitted to arbitration (Class Action Waiver). The parties to this Agreement acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from this agreement to arbitrate Claims. If the Class Action Waiver is limited, voided or found unenforceable, then the parties' agreement to arbitrate (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The Patties acknowledge and agree that under no circumstances will a class action be arbitrated. This Arbitration and Litigation Section applies to all Claims now in existence or that may arise in the future. This Arbitration and Litigation Section shall survive the termination of your account with us as well as any voluntary payment of the debt in full by you, any bankruptcy by you or sale of the debt by us. . J t • i •I i I `l I I Fbr the Purposes of this Arbitration and Litigation Section, `we" and "us" means FIA Card Services, N.A., its parent, subsidiarles, affiliates, licensees, predecessors, successors, assigns. and any purchaser of your account, and all of their officers, directors, employees, agents and assigns or any and al of them. Additionally, `1we" or "us" shall mean any third party Ping benefits, services, or products in connection with the account (including but not limited to credit bureaus, merchants that accept any credit device issued under the account, revs ds or enrollment services, credit insurance companies, debt collectors and all of their officers, directors, employees and agents) if, and only if, such a third party is named by you as a co-defendant in any Claim you assert against us. 110U UNDERSTAND AND AGREE THAT IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM, THIS ARBITRATION SECTION PRECLUDES YOU AND US FROM HAVING A RIGHT OR OPPORTUNITY TO LITIGATE CLAIMS THROUGH COURT, OR TO PARTICIPATE OR BE REPRESENTED IN LITIGATION FILED IN COURT BY OTHERS, EXCEPT AS RISE PROVIDED ABOVE, ALL CLAIMS MUST BE RESOLVED THROUGH ARBITRATION IF YOU OR WE ELECT 110 ARBITRATE. YOUR BILLING RIGHTS Keep This Notice for Future Use: This notice contains irnportant information about your rights and our responsibilities under the Fair Credit Billing Act. Notlfy Us in Case of Errors or Questions About Your Bill: If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet (or use a copy of the form provided on your bill) at FIA Card Services, N.A., P.O. Box 15026, Wilmington, DE 19850. Write to us as soon as possible. Do not send the notice on or with your payment. We must hear from you no later than 60 days after we sent you the first bill on which the transaction or error appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: (1) your name and account number; (2) the dollar amount of the suspected error; (3) the posting date of the transaction in question; and (4) a description of the error and an explanation, if you can, of why you believe there is an error. It 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 with us, you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us three business days before the automatic payment is scheduled to occur. t f x Your Rights and Our Responsibilities After We Receive Your 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 bill was correct. After we receive your letter, vie cannot try to collect any amount you question or report you as delinquent. We can continue to bill you for the amount you question, 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 bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any 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 fail 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 twenty-five (25) 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 report you to. We must. tell anyone we report you to that the matter has been settled between us when it finally is. If we do not follow these rules, we cannot collect the first $50 of the questioned amount, even If your bill was correct. Special Rule for Credit Card Purchases: If you have a problem with the quality of the property or services that you purchased with a credit card, and you have tried in good faith to correct 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 limitations on this right: (1) You must have made 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. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. gcgqCqqcq F01-01125-DUAL Bank of America, N.A. (USA) ® 2006 Bank of America 2 . r1 ^ 1300 PAYMENT BALANCE AS OF PAYMENT DUE ACCOUNT NUMBER 6/10/2009 DATE MINIMUM PAYMENT ENCLOSED 4888937991396393 11,939.00 PAST DUE 11,939.00 $ Make Checks Payable To Unifund CCR Partners UNIFUND CCR PARTNERS STATEMENT JOANNE KNOWLES 12 WHEATLAND DR MECHANICSBURG PA 17050 MESSAGE FROM UNIFUND YOUR ACCOUNT IS PAST DUE $11,939.00. THE PAST DUE AMOUNT IS INCLUDED IN THE MINIMUM PAYMENT. PLEASE REMIT IMMEDIATELY. IF YOU HAVE ALREADY SENT A PAYMENT FOR THE ABOVE AMOUNT, THANK YOU. TRANSACTIONS: Date Transaction Balance Due Payments New Balance 6/10/2009 This account was issued under 11,939.00 11,939.00 0 11,939.00 the name of BANK OF AMERICA NA and acquired from FIA CARD SERVICES NA. PROMPT CREDITING OF PAYMENTS. TO RECEIVE CREDIT FOR PAYMENTS AS OF THE DATE OF RECEIPT, WE MUST RECEIVE YOUR CHECK OR MONEY ORDER AT: UNIFUND CCR PARTNERS 10625 TECHWOODS CIRCLE CINCINNATI, OH 45242 PAYMENTS RECEIVED AT THE ABOVE ADDRESS IN THE MANNER SPECIFIED AFTER THAT TIME WILL BE CREDITED TO YOUR ACCOUNT AS OF OUR NEXT BUSINESS DAY. THE CREDITING TO YOUR ACCOUNT OF PAYMENTS RECEIVED AT ANY LOCATION OTHER THAN THE ABOVE ADDRESS MAY BE DELAYED UP TO 5 DAYS OF RECEIPT. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. FEDERAL LAW REQUIRES US TO INFORM YOU THAT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EDWIN A. ABRAHAMBEN MICHAEL F. RATCHFORD HEATHER K. WOODRUFF* *ALB.j I}4R 2e®9 BAR Cumberland County Sheriffs 1 Court House Sq. Carlisle, PA 17013 THE LAW OFFICE OF EDWIN A. ABRAHAMSEN & ASSOCIATES, P.C. WWW.EAA-LAW.COM Re: Unifund Corporation as assignee of BANK OF AMERICANA vs. JOANNE O KNOWLES Our file Nos.: U09-0661 Dear Sheriff: In regard to the above-noted matter, enclosed please find the following: 1. A true and correct copy of the Complaint; 2. The completed form for service; 3. A check for service; 4. A self-addressed return envelope for the return of service. Please serve the named defendant in accordance with the County Rules of Civil Procedure. If you should have any questions or concerns, please do not hesitate to call me at (570) 558-5510. The defendants address is : JOANNE O KNOWLES 12 WHEATLAND DR MECHANICSBURG PA 17050 Thank you for your attention to this matter Enclosures mfr/MR 1 729 PITTSTON AVE. 0 SCRANTON, PA 1 8505 * (P) 570.558.551 0 9 (F) 570.558.551 1 G 77 r f.._ 1Y $18.50 PD ATT( c,'w 4S4a8 .1mm Sheriffs Office of Cumberland County R Thomas Kline Sheri F???-+ ?? t .,r 4?,titr of ??r+n6rrr? F f"?- Ot,s , 1nN,€0,ARY Ronny R Anderson Chief Deputy 2009 UG 28 PH 12: 50 Jody S Smith Civil Process Sergeant OFFICE,) cwe s"ERIF Edward L Schorppr Solicitor Unifund Corporation vs. Joanne O. Knowles Case Number 2009-5626 SHERIFF'S RETURN OF SERVICE 08/24/2009 07:40 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on August 24, 2009 at 1940 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Joanne O. Knowles, by making known unto herself personally, at 12 Wheatland Drive Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 August 25, 2009 SO ANSWERS, CAO:?Wf&e? #? R-Tr40MA'S KLINE, SHERIFF B4y putt' Shs iff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Unifund Corporation : CIVIL DIVISION Plaintiff : VS. JOANNE O KNOWLES : NO: 09-5626 CIVIL TERM Defendant : PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default for failure to respond to Plaintiff's Complaint in the amount of $12,231.44. Notice of the intent to file a default judgment was served upon the Defendant on September 24, 2009. A copy of the Notice of Intent to Take Default Judgment is attached hereto and marked Exhibit "A." Edw' br amsen & Michael F. Ratchford Attorney I.D. No.: 5 Attorney for Plai i JUDGMENT AND NOW, this day of 04 , 20Qw, Judgment is hereby entered in favor of the Plaintiff and against the Defendant in the amount of $12,231.44 for failure to respond to Plaintiff's Complaint. R IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Unifund Corporation Plaintiff VS. JOANNE O KNOWLES Defendant CIVIL DIVISION NO: 09-5626 CIVIL TERM 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: JOANNE O KNOWLES 12 WHEATLAND DR MECHANICSBURG PA 17050 Date: October 23, 2009 Edwin A. Abrahamsen & Associates, P.C. /' a Y: Michael F. Ratchford, Attorney I.D. No.: 86.9 120 N. Keyser Aven Scranton, PA 1850 (570) 558-5510 / Unifund Corporation In the Court of Common Pleas of Plaintiff : CUMBERLAND County, Pennsylvania Civil Division VS. JOANNE O KNOWLES NO: 09-5626 CIVIL TERM AFFIDAVIT UNDER SOLDIERS AND SAILORS Defendant 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): JOANNE O KNOWLES 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): JOANNE O KNOWLES is(are) older than eighteen years of age; That the employment status of the defendant(s): JOANNE O KNOWLES is(are) unknown. ZEEsquuire Z Michael F. Ratchfo bscribed beforg m?thi ey of 20 Loeh=' ??? ?`?`aS\o yGQ,P?Vo EDWIN A. ABRAHAMBEN MICHAEL F. RATCHFORD HEATHER K. WOODRUFF' 'ALSO MEMBER OF FL BAR irk THE LAW OFFICE OF EDWIN A. ABRAHAMBEN & ABSDCIATES, P.C. WWW.EAA-LAW.COM September 25, 2009 JOANNE O KNOWLES 12 WHEATLAND DR MECHANICSBURG PA 17050 Re: Unifund Corporation v. JOANNE O KNOWLES CUMBERLAND County Civil Action No.: 09-5626 CIVIL TERM Our file No.: U09-0661 Dear JOANNE O KNOWLES: 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 A. Abrahamsen & Associates, q ?' L LAAA4 Heather K. Woodruff, Esquire Enclosure This is a communication from a debt collector in an attempt to collect a debt. Any information will be used for that purpose. 120 NORTH KEYSER AVENUE 0 SCRANTON, PA 1 0504 0 (P) 570.558.551 0 0 (F) 570.558.551 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Unifund Corporation . CIVIL ACTION Plaintiff VS. JOANNE 0 KNOWLES : NO: 09-5626 CIVIL TERM Defendant : _TEN DAY NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT To: JOANNE 0 KNOWLES 12 WHEATLAND DR MECHANICSBURG PA 17050 Date of Notice: September 25. 2009 IMPORTANT NOTICE 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 ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RJGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST LOUTH ER STREET CARLISLE, PA 17013 717-243-9400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Unifund Corporation CIVIL ACTION Plaintiff VS. JOANNE 0 KNOWLES NO: 09-5626 CIVIL TERM Defendant CERIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on September 25, 2009 I 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: JOANNE O KNOWLES 12 WHEATLAND DR MECHANICSBURG PA 17050 Edwin A. Abrahamsen & Associates, P.C. B . u11a ?)n?l u..l?ll Michael F. Ratchford, Esquire Attorney I.D. No.: 86285 Heather K. Woodruff, Esquire Attorney I.D. No.: 207805 120 N Keyser Avenue Scranton, PA 18504 (570) 558-5510 Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Oct-27-2009 10:46:25 A Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency KNOWLES JOANNE Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. 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 Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). . it y6t lot 0444,4?p*_ 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 DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as 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 status by contacting that person's Service via the "defenselink.mil" URL httD://www.defenselink_mil/faa/Dis/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional 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 active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. httos://www.dmdc.osd.mil/app.j/scra/popreport.do 10/27/2009 FILED- r?, F! r- r 2009 OCT 29 AM I i : 4 6 cump - ,f-.UN a'Y 414. oo Po ATN U:*- l413 ,e d3a798 ?okc?. PauLd Unifund Corporation In the Court of Common Pleas of Plaintiff ; CUMBERLAND County, Pennsylvania Civil Division vs. JOANNE O KNOWLES NO: 09-5626 CIVIL 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 $ 1,g yq on !oI 1A4 ?9 _ By: If you have any questions regarding this notice, please contact the filing party: Edwin A. Abrahamsen & Associates 120 N. Keyser Avenue Scranton, PA 18504 Telephone: (570)-558-5510 (Notice is given in accordance with PA Supreme Court Rule of Civil Procedure No. 236)