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HomeMy WebLinkAbout09-5812COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES of ALAN R. MEGE, ; oQ - 58101 &, v i l Teri. Plaintiff : No. Civil Term vs. JOHN BUTERBAUGH, 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 -fff Megab81288 Attorney ID Attorney 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, vs. Plaintiff JOHN BUTERBAUGH., Defendant 09- ?51P roll No. Civil Term CIVIL ACTION 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 John Buterbaugh (`Buterbaugh"), an individual with an address of 911 Apple Dr., Mechanicsburg, PA 17055. Count I - Breach of Contract 3. Defendant requested a credit card from US Bank. 4. On May 1, 2007, 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 4037-69600-0514-5297 for purchases, cash advances, and/or balance transfers. 7. Defendant was mailed account statements relative to Defendant's use of the US Bank 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 July 6, 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 $2,866.11. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $2,866.11 plus costs and interest at the rate of 18% 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. 2 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 $2,866.11 plus costs and interest at the rate of 18% 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. 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. 3 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 $2,866.11 plus costs and interest from February 29, 2008. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $2,866.11 plus costs and interest at the rate of 18% 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: Al ege, Es e Atty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016 (610) 954-5393 4 AdvanCe drawn on the Account. Ari Overdraft Protection Advance will be made only once ,^er day. and will be moor, it, enudaples of $25 (regardless of the Spcaric orerdraff amount) We may critical Overdraft Protection privileges under the Arcc u,r ever, 4 the Account remains open lot other purposes NOTE Overdraft PioteC60. Advances on correspondent acumms may not be in multiples of S25, will post as a Financi•ai Institution Advance,' and wilt be subject to those fees Please verify the amount of the Overdraft Ploiecttor, Advance wttr vour financial nsbluhnn 9 A,:ccsu,t FINANCE CHARGES FINANCE CHARGES rellect the 10x1 of r.red-t Your raid FINANCE CHARGE For any biparg cycle will equal the arnarnl M any (a) peoodlc rate FINANCE CHARGES (SOrneti-Ca referred to as'lnteregi" here and on monthly Accoun! statements): (b) Advance ransactxrn fees and (c) any other transaction fees that are considered FINANCE CHARGES. In some of the folkwing sections we have abbreviated Ine i -s -daily period rate' as "DPR' "avnage daily batance" as "ADS" and 'ANNUAL PFRCENTAGE RATE' as 'APR" to welest Rate Variable Rate for'Purchases', Variable Rate for'9alance Transfers', and Variable Rate for Cash Advances' The Daily Periodic Rage for braosactrons posio,; as Purchases. Advances and Balance Transfers is equal to tr'Jr,,Sth nl il5 c-espvnding ANNUAL PERCENTAGE RATE The Standard Darfy Penoclc Rate and corresponding ANNUAL PERCENTAGE RATE ("APR") Ier transactions purling to your Account as Purchases. Advances and Balance Transfers are variable rates that may change from time to Irene based on changes lo a published Index Your Dairy Periodic Rate and c: urrespondrog 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 Styeef Journal cn the last business day in each of the three most recent aalcnda, months before the date on which the bdfiog cycle closed (at other words the 'statement dale') Any variable rate adlusbnent based on an 'ride . change win ae effective as of the first day of file bilfing cycle Arid will apply to the new and 0051-ding Account balances and (ransactrons sabler I to Thal variable rate We reserve me right to choose a comparable new index if the The W.)II Street Journal ceases 10 pobhsh a Pnme Rate 10 ,10-nme the standard rates for transactions posting to the Accciint as Purchases and Balance Transfers we will adA the Inde. to the Margin ills rinsed pn your Card Carver. To determine the standard rate fur transactions posting a.s Advance< we well add the Inde. to the Margin disclosed on your ":aid Caner However transactions posting as Advances are subject to a minunum Oady Pencsd,c Rate of 054% (corresponding ANNUAL PERCENTAGE RATF 19 g l%). Any variable rate adjustment will be effective as of the first day of the bdtinq cycle that begins after a change in the Index. and will apply In all new and outs landing Account balances subject to the variable, rate Any rncrease or decrease to the Inde. will result in an increase or decrease in ^c FINANCE CHARGE on the Accounl an -crease or decrease to your Minimum PaymCd and an increase or decrease to your New 9alance F ixed Delinquency Rate Upon the occurrence of an 'Adjustment Event'. eacF Daly Periwn, Rate and conespondmg APR in effect for new and outstanding Purchase. Advance and Balance Transfer balances will increase from their s!ib'Xdafd fates or any InlfoduCUxy or promotional rates to a "Delnquency Rate' The Delinquency Rate will take effect and apply to now and outslanding Purchase. Advance and Balance Transfer balances as of Ihn first day of the billing cycle in which the Adjustment Event occurs An Adj,,Mh tit Fven! occurs whenever a Minimum, Payrnanl is thirty 001 days past due- or a Minimum Payment is We (5) days past due for the second mne during the same rweNe I 121 month penod Your promotional rate will expire gicw an Adjustment Fvenl and will be changed to the Delinquency Rale Each Deluiquenev Rate is a fixed rate that does not vary based on changes to n pu bilshed ride. file Debitguendy Rate that applies to Purchases and Bear,- Transfer titalance. -4 be disciosed on your (;arm Carrier The ! )Cllrtglrency Rate for all Account balances will lemam in efleci until the cleslog date of the (i" coniecuirve billing cycle that you, Accou':i is -cadent' •'`at rs no Lfinrmurn Payments past due) On the first day of the billing cycle loflowiay your 611, ::cnsecuvve cwrenl ,„'ycte- the (lady Penoclu Rate (and ,. nrresponoog APR) for Purchase Advance and F3alance Tnanster balances will aecrisase 1:., then standard rates lout arty htrod-;o y, prom0bona. n d,SC untco rates) An increase to your Daily Perio,c Ralf, will result _I, an •,e FINANCE CHARGE ii'• your Account in Increase fo vour r Mlnniu un Parne N. and an Increase it) your New Ralanre 1 1 tr,Ieresf FINANCE CHARGE. Melnod of Ccxrgrubng Amotrh! Sublecl to i:rL•resl •'W cu•: uuu the pengde: rate or `mle?esf' pnrl,on of the FINANCE CHARGE by multiplying the applicable daily periodic rate ("DPR"l by the Average Daily 903"n "e iinch:drag new tt ansachons) of the Purchase. Advonco aril Balance Transfer categories subject to inleresf (''Amoun(s Subject to interesr'1 and the n adding logetner the resulting mtere sl from, each catecnary We ura-_-a-e the Average Daily Balance ("ADS") separately for the Purchases Advances and Balance `ransfer categories To get the ADS m eact- category we ;add logethef the daily balances in those categories lot the billing a:ycle and divide (tie result by If,e number if days in the billing cycie We determine the daily balances each day by taking the beginning balance of those Au:r.,unl (alegones (inciudrng any billed but unpaid interest, lees Cred,! illsutance charges and other charges). adding any new interest, fees, and charges and suhl,irl 9 any payments or credits applied against your Account balances that day We add a Purchase Advance or Balance Traoslet to Idle apprnpnale balances Fix those categories on the later of the an-acoon date or the first day of the statement period Billed hul unpaid merest oi, Purchases Advances and Balance. y ransfers is added 10 the appropriate balances for those categories each month on the statement date gdled but unpaid Advance vwisacbon fees are added to the Cash ba!anGe r:,! Ihn. Account on the date they are charged to the Account Any belled but unpaid ft-m un Purcha>es credit insurance charges and other charges arc, auded is the Purchase balance of the Account nn the dale they aro charged to the Ac'.cou+,! Killed but unpaid fees on Bulance Transfers are adder) to the flarance I rarrtsfer balance of the Account on the date they are charged le tl,e ra count h, other words. billed and unpaid interest, fees, ane charges '-Ii Le included nl the Average Dally Balance of the A1.ccmnl that accrues interest (toe "Amount Subiccl to Interest) arld wth reduce the amount of cre it ava.iable to you Exception Credit Insurance charges are not included in the ADS calculatun far Purchases until the first day of the billing cycle fn low,nq tr,e dale the credit insurance premium is charged to the Accoont There rs a fir rrnu•n FINANCE CHARGE of $2 (17 rn any b,ifr,q r_ycl.+ rn -h K1, a FINANCE CHARGE is due 17. Gract,, Period You have a 20 to 25 day grace period for Purct'iases 1incTi xdiny any promotional Balance Transfers a C:onvenrencr: Checks that will pos! as Purchases). provided you have paid your Previous Balance in fail by Ine PFlyrnenl flue Date shover: on your monthly Account statement !n orde' err avoid additional FINANCE CHARGES of Purchases you must pay your New Balance ;u full by the Payment Due Dale shown on the float of your rnnnlhiy Account statement There is Ma grace period for transactions that past to the Arco:xlt 15 Advances rv Balance Transfers These transactions ;ire subject 10 interest from the dale they post I. the A,-..I until the dale ihey .ire paid in I 1 IMroduCtory and Promotional Rates - We may. at our option, offer you lo, a limited Brno inirixa,ictory or prcxrrobonal interest ral.s for all W pan oI Ir,e Purchase. Advance, or Balance Transfer balances in the Account We wia tell you the int-duclory or promotional rate and the period of lime during which it sin effect in the offer Unless an offer states otherwise an introductmy or promotional rate will generally remain rn effect until the last day of the bwing cycle r.n which the introductory or promotional rate expires, the date the Account is closed to future transactions, or the dale your Account rest becomes past due because a Mrronwm Paymen! is not received in full on or helore Its Pryoi,i Due Date, whrebever occurs sooner (the'Tenninalror. [)ale-) A-ly Introductory Or proMo r(wat late that applies to new or outstanding Ar„cix;nl baianCes will Increase Id the standard vale !ha( would otherwise apply it when appropriate under the terms of INs Ag,eernent. a Deluich u y Pale d we,tu r%.1 receive at!eesl!he Minmnum Pawnenl due by It, Payn-, )ue Jale shown on a --thly Aceounl statement in ally mlnnrlr 14 Account Fees You agree to pay the following Account fees and FINANCE CHARGES a) We .veil add a FINANCE CHARGE to the Advance balance of the Accounl n the fonn of the Ao-ce Transactoo Fees disnioseA betow for each Ail-i r e you obtain during a billing cycle the fees imposed iv.ll equal the greatrrn of !he I- t";aseJ en a d,scr!osed per ;enrage of each .Advar•.ce or the J?? ?l mann+um dollar amount, with the maxunum Advance Iransacl:on F ell shown hero„ A!1 Advance TranSachon FINANCE CHARGE lees listed below are in addt!ion to the interest that accrues on Account Advances (;ASySECElYED.F.ft441_ PEHCENT9.GE4t_C!?jFELE WN11Aj)M_ MAxI!r?,U FINANCIAL INSTITUTION 4% t5 N.:''NF CAS,, FC'UivAf. F NT 4% Sin Y]Nr ATM 1.)11F CONVEN-ENCL CHECK ?% sS NrJNL OVERDRAFT PROTECTION Est, $5 NONE We will add a Balance Transfer Fee FINANCE CHARGE. to the Purchase balance of y-r Account equal to 3% of the balance transfer amount subleu io a minimum of $5 and a maximum of (rip maximum). (b) n addition to interest, your Account may be subject to a FINANCE CHARGE in the form of a Promotional Discount Transaction Fee for each Prumobonel Discount you receive during the billing cycle, as outlined in any Prornobonal Drsrounf otter we extend (cI Annual Membership Fee Classic Secured Visa. Each year, the Accounl will be subject to your payment in advance of s•3s. which wit` cOrncwnsate us !D:: maintaining and servv-- nq ire Accounr for the IUIIC-rig year Classic and Platinum V,sa. We do rat charge a fee for activaltng or Servicing (he Account lur the first 11 inetilh$ your A.ccoun! Is open 11 you charge a! leas! $ ()1 in Anmial Net P owhases' to the Account each year the Annual Fee FINANCE CHARGE will be $0 It you do not charge at yeast 5.01 in Annual Net -Purchases' !r:r E e .count during any year the next annual renewal of the, Act. ount will or s,rbp c. to your pay.!tent in advance of a $40 Annual Fee FINANCE CHARGE b, Platinum, fF $20 Annual Fee FINANCE CHARGE for C Joss c +1nn ,i NM F,r, t ases' n equal to the dollar amount of frurcfiases charged by a cardmerrlber during an Account year less refums and credits (if) `V, wJl add a Late Payrnenl Fee ter the Purchase balance. of the Acr(wnl n your Muun,um Fayrnent or, not received by the Payment Due Dale shown Gn r,e menmty Account statement During any pehod of twelve Consecutive monlhs the first 2 tines ye., payment Is late, a $29 Late Payment Fort will be assessed Subsequent tines your payment is lase, the Late Payment Fee wit: be 538 Ttii t all, Payment Fee will be reduced to $21) when you have. had two or fewer late payments in the prior period of twrehre consecutive morons !r1 We w91 add an Ove.rfirM Fee of $35 to the Purchase balance of the Account if you exceed your Credit Limit at any lime during the billing rycle, even d tics occurs because FINANCE CHARGES or other fees are assessed on the Accounl The Overfi-! Fee disclosure will be deteunrned by your stale of re s?Cence For KY, MI. OH and TN. the fee writ be disclosed hs Overfinrl F ee FINANCE CHARGE S3S f or residents of any other state Itte fee will De ;closed as Ovenimil Fee $35 (±) Ve will add a Returned Payment Fee of 535 to the Purchase balar•ce of p•.e Account if any payment on the Accounl is not honored ix if we mush retlurn it to you because it cannot be processed. A check that is returned unpaid will Lie sent for couaction (g) L^JP will add a Relumed Convenience Check Fee of $35 to the Purchase balance of the Account I! you wrote a Convenience Check that we, Co not honor ;;rider the terms of this Agreement (See -Convernence Checks' and Paying and Stepping payment out Convenience (.'.hecks" suctions above Icy no" details ) (h) llfc w,li add a Duplicate Documentation fee of $5 to the Purchase natant, of the Account for each copy of a monthly statement sales shp, refund shp Of Advance slip that you request There will be no charge for documenuhon feg,1el9; rr',ade in canrtrv,_tron with a boiling error notice. if our ro-si gabon indicates a billing error occurred. i.l tAie wry add a Phone Pay Fee FINANCE CHARGE of 515 to the Purchase' balance or ^,r- ACCJWII d yo•u call us 'o make a navment on vcur Accour-! and are assised by a customer service representative to make the payrnew (II WC will add an Account Management Fee FINANCE CHARGE of $2 50 Per mono: to pie nufchase. balance of (lie Account if you v,Auntq ily close your Account w,lh a balance (Secured accounts are not subject to th s fee) Ili) We will add a Secured Account Closing Fee FINANCE CHARGE of 52510 the Fit:rchaF, balance of your Account if if iS closed any Prim w. thin rwo years from when, the Account was first opened (I) Ave will add a Secured Account Credil Limit Change Fee FINANCE CHARGE of $15 to Ihq Purchase balance of your Accour! ,1, al your request we reduce the amount of your Credit L.inut and release to you any funds from the rorresponduxl $nrunty Savings Acco,mt IS Insurance Charges Credit life insurance and disability insurance are no! ?equ,red to obtain credit 11 y,tu are eligdrle. you may parbopate in a group c,,dd card --e program, which we have arranged If you elect In<urance COVe'agr, ;.,r insurance premium charge (at the rate dlSClosed 10 yJu; wool be added to Ine Purchase balance as of the Closing dale of ea Ch ,-Wling cycle based upon the Account balance hnCludrnq accrued FINANCE CHARGES) The terms of yreur insrtranCe coverage -11 be sumntanx ed fin the tier,F,c all, r>! r-,a-c, wh,h Al wtie provided In you -,-,Id t •mil - 1 he ACCOunI Credit Liew is uhe ma,r m amount of credr ayallanlo: it nd'nal you may owe unner the Account at any time you may nut re;luoisl or obtain additional Purchases. Advances or Balance Transfers nnre you have rea]hed your Credrl Lund. The indict Credit Lima is shown on the Carl Cancer and will also appear on your mahthly Accc,mt statements We reserve Ine right to review your Account at any ;Vie and increase or decrease you Credit Limit . You may not increase your Crodrt L,mrl by carrying credit balances over the Credit Ltitle we make available to you (Also sue the Advance l.rtnd5' section above for more "fornabnn about Binds on Cash Advance C;l;h Fqulvalenl Advance and telephone transfer Ifansatlions) F'aymeM You must pay us in LJ S dollars with Checks of Sancta; payme.-fit uvslnun,i 11,awn on a financial inslllulion located to the United States We rney. at our option. choose to make an exception and accept a payment drawn on a fcn,ergn bank However you win be charged and agree to pay any collection fees requited in connection with such a transaction The date you mail a lsay,nent is different than the date we receive that payment For purposes of this Agreement, the payment dale is the day we receive your check of money U(der at the address Specified on your monthly Account: slatemew if you mail your payment wllhoul a payment coupon or to an Incrlrre,:J address is may iesufl in a delayed Credit to your Account This Tray resell in addd•.onal FINANCE CHARGES fees. and possible suspenforwo of you, A,:000nt 18 Minirrlrxn Monthly Payment - Each month, you roust pay at least the 1`1111 rum Payrnenl oral any past due Minimum Payment(s) by the Payment Due Dale shown in your monthly Account statement You may, at your option, pay more than the! Minimum Payment on pay the New Balance m full to reduce or avoid the Interest FINANCE CHARGE for the Account. the Minunurn Payn-il rs equal to any Annual Membership Fee due, plus the greater of sin or 2% of your regular New Balance founded to the next reghesi dollar or Irte frill amount of "any regular New Balance less than $10 poi Any Minimum payment or adddtrnial amount you pay each month "If not prepay duty fulut, fAuarrniin F'dwnents required of change your ohl,gatinr• In make at least a Mifi.mUrn Payment by the Payment Due Date 19 I°ayrnenl Apphcabon - Wr, will apply payments to promotional or discounted interest. rate Purcnase. Advance and Balance Transfer balances before apFly payments to higher rate balances It we cannot eollecl ynur check fv otter payee.:n( item within a reasonnble period of trrrle, we may post as on fid,ont;e Irpnsact- the full amount of any Credit previously given and charge inlernct on to,, a'nnuel !corn the posting dale of (he 1,ii acl,on Alter a y aril has been made- the Bank reserves into nglit lu w,thhuld ova iaWC , rndit ire a1-0u0 of the pa ymnw for f nus,ness uayc Any coed„ nva,tan?r• 1. e I ?. e the- payment is made will continue to be availaNe for use during this Ir le 2 1') Ycu Ski Irr -ssknl Option - we may, at our option, occa5iona(ly offer you an opporiurnty to 'skip' your oblrgahor to make the min- num Pay'rnent due may not p 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 nequned in consecutive rmorrths You cannot use a skip payment option if your Account is sub)ocl to a Delinquency Rate, is otherwise delinquent, or is in defaehn Who— you lake advantage of a skip payment option we offer the Interest will continue to accrue on the entire unpaid balance of your Account 1 Change of address - Your monthly Account statements and notices about your Account wiu be sent to Ine address you provided in your appl•cation or your response to our Account solicitation To change your address. you mull call its at 166t1265-8585 write to us at the following address U S Bank National Association NO , P 0 Box 6352. Fargo ND 58 1,15 &352 We must receive =his information 15 days before the date a billing cycle closes to p-,de your Monthly Account statement at your new address Note If you have an addfess :barge within 45 days of the exptrabon date of your Carofsi please conlacl Customer Service 1 800.285.6585 with Ghat information so your new C.ar;7(xl r. In be marled to your new address 22 Aulhruized signers - You or any other Account obligor rnay ask us to Issue a Caro and ulhelwlse give Account access to a person authorized to use the. Account This persors 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 au authorized signef to use the Accounl. If you give your Card m 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 dorm Cardmernber aril Acrbunt Onlirplr roust r-atl us at 1 900 285-9585 of waste us at U S Bank Nat,una! Association NO P 0 Be. 6352. Fargo ND 56125-83'x2 will, any requesf Ip r -cel and ? •.nnvn the Accouv authonry d err ,oin-,co signer air ar-y Oil— on<dn n•ven access to the A,;counl 23 t. osi or stolen Card or Convergence Checks - You must notify us immediately t your Crud Or Convenience Checks are lost or slolcn or there Is possible unauthorized use of your Card. You will not be liable for unaulhorized use of she Accr.unl You roust nocty U.S Bank National Assocralioo N') by telephone at 1-600-265-8585. in writing at P 0 Box 6352. Fargo ND 56125-6352 It tn,s happens. we wit ask you and all other persons given Account access to return all Cards and unused Convenience Checks to our Inves6gnhons Department in addition we have the right to Chose year Accounl and open a new Account !f we do so. new Cards and Convenience I'.ha. k:. -ll br ,:;,bred for your new Accounl )4 Using Your Card in A f oretgo (:OUnfry - I ur 'JISA Accounts You rray use your Credit Card for retail purchases at for.•,gn (ouls,o( me Uri.teo Stalest merchanlS and for cash withdrawals trori lore,gn ATMs that bear either the PLUS System a VISA logos. If you use your card at an n, iM that bears only the PLUS Syslern Ingo land no VISA tbgp) the charge will be processed through the PLUS System and will be cunivened ,nlo Ll S durars at the exchange rate established. Sronl time to little by the operator of that ATM. plus one percent of the result If you use your card at a rnercl,aw or an ATM that bears the Visa logo land no PLUS System logos the charge will be processed through the VISA system ano will be converted into U S ocllats according to the applicable bylaws and rules cstab6shed by VISA from (lane to lime It you use your card at an ATM that bears twh the VV+SA and PLUS System logos, the ATM operator will neurnnme whether to send your transaction over the VISA or PLUS System ne Nrork using such netwerk-s respective Currency Conversion rules then n ell-I You understand that the exchange (ale in ettect when the charge is p,ncassed may a.ner frorn the rate in effect on the date of the transacborn or posbng to your Account The amounl of yon transaction in dollars d processed through VISA ;cinder is current bylaws and notes! wdi be (a, I he arnoun( of the foreign currency times an exchange rate rrr effect case day Poo, to 1i-,• i.... sing date mat is (0 the govetnmonl mandated -ale lh(- is one a (ir) if there is no govemmenl mandated rate, the who(e5ale Toolket rate p (h) One percent (1%) limes the resulbng dollar amount, plus (Cl Our fee Of i2'A) times the sum of subparagraphs (a) and fb) 25 Respons,h,5ty, to pay - You agree to pay ire for all Purchases. Advances. Balance Transfers. FINANCE CHARGES, Accounl Fees and charges, any other transaction charges as provided on this Agreement and, so the extent permitted under applicable law, attorneys fees and collection costs we incur enforcing this Agreement against ynu 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 ,.trio O( yeo If (here ,s more shoe one ACCpa.wl Holder. erih of you ,s respons,ble, together arid separately, for the full amount owed on the Account 26 Intent to repay Every Line you use the Account, you represent to us that Volt intend ,yno nova. ilia reaccx:ab!e adirly to repay your ACCOU n! obLgat,anc We rely on this representation every time you 111e lone Accc,,;oI yalfllnq a disputed balance. Payment in Full if you want to settle a d,sagheemeol Wtm uc abo,il any amount you owe by sending a check on which ynu have written -Payment in Full- co, similar language. you must send us a written erpianalimi of the, disagfeemeol or dispute and any such check to U S Bank National Association ND P 0. Box 6335 Fargo ND 56 1 2 5 6335 (See -Your Brsbng Rights' seCIW below for complete details.) This address ?s different Ina,, the address you use to make Account payments. Writing "pay(neof it, full' of similar language on the check will not be enough to res Wve Ine dispute !I we collect a check or any payment instrument marked "Paid in k uil' that you sent. to an address other than the one provided in this sr-coon (such as the address at wh,r'h ynu normally make pay-ritsl we. wilt nor navy- wnraed ei,r 'ighi In co fecl any remaining amount you owe us under the terms of the ACCOuill 28 Default You and the Account will be in default it a) you cc not make the Minimum Payment by the Payment Clot! Dale drsclpse,s or the ro-l't•'y Accotrrl.", stateroom b) ynu vxitate any other provision of this Agreement. -:) you die without a sunnvlnq Joint Account Holder, d) you become insolvent assign any property to your cred'ICvS or go rritc banuuptcy or rersnip. a) you'iave made false slalemenIs affecting the application or rnainienanc.e of your Accovrd f) you gas over your Cfedll Limit. q) we have any reason to believe that the Account is in danger of. or is being used 10, fraud h) you are a married community property stale resident and you or we receive a wnnen lennuhabon notice of this Agreement from your spouse. or ?I anynung happens !hat we believe n good fai!h materially uxrreases the risk That you w.11 not live up to your payment and other obligations under 11115 A nrecmenl ?g Itteoal lowcnases - The Card most not be used for any unlawful purpose r:o,ch os lund,ng any account that is set up to facAtale onhne gambl,nq Ynu agree that you will not use c, knowingly permit another to use. Ine Card or Acceauil for any transaction that is illegal under ,apphca bra law mon..lon diri amount. with the, maximum Advance f ransaCbon Fee sP,owr bniaw AlS Advance TransacMx) FINANCE, CHARGE fees fisted below are in addition to the inlefesi that accrues on Account Advances GhSr15Ei:E1yE0 FF!Oht PERCENTIQL Of S:.A.SJI FEE MI-MMUM. MA,&11A'JM FNANCIAL INSTITU'ION 4% 55 Pw)NF. C11SH [awl.(FNT 4% s,c) NI>NE AIM 4% 51, `=INE f.]ONVENiENCE CHECK 3% s5 NpNE -M RDRAFr PROTECTION a% 55 NpNC We wilt add a Balance Transfer Fee FINANCE CHARGE: to the: Purchase balance at your A,-counl equal to 3% of the balance Transfer amount. sublerJ to a mmirnum of $5 and a maximum of (no maximum). (b) In addition to inleresl. your Account may tie subject In a FINANCE CHARGE ut file form ?f a Promotional DISCOunI TransaCncm For• tot each Promolonal Discount you receive during the, billing cycle, as ountned in any Pcionobonal Discount offer we extend (c) Annuaf Membership Fee Classic Secured Visa- I: ac In yew. the Account will be subject to your paymenl n7 advance of 335 w ,ch Ii [pin,-.sHtf'. is for mdrn!ainng ann se-c. O Ine ""'o\,nr inn the following year Classic and Platinum Visa We do nol charge a lee for activating of servicing the Account for the first 12 months your Ar count if, open It you charge it least S 01 in Annual Net `Purchases" to the Account each year. Ihe Annual Fee FINANCE CHARGE -,It tie Su If you do not charge at :east S 01 n Annual Net 'TI-chosen to the Account doing any year. the next annual renewal of the Account will on sublec' to your payment in advarx e of a 340 Annuai ree FINANCE CHARGF for Platinum, or $20 Annual Fee FINANCE CHARGE for ClassIF <urnu:il Net 7r?rrcnases' rs equal Id me dollar amount of I'ur teases changed by a cardmernber during an Account year less returns and credits (u! We wilt add a Late Payment Fee to the Purchase balance of Ihf. Account r your mu,im„ i Fayrnem t5 not received by the Payment Due Date shown nn the monthly Account statement During any period of twelve consecutive mcxnhs, the h,sl 2 times your payment is file, a $:9 Late Payment F" - I be assessed Subsequent tines your payment is late. the Late Payment Fen will be S38 The Late Payrui l Fee will be reduced to S2g when you have had two nr fewer late payments in the prior period of twelve consecutive m,p,ths (e) We will add an Ovedimd Fee of $35 to the Purchase balance of the Account if you exceen your Credit I. And at any little outing the belling Cycle even If this occurs because FINANCE CHARGES or other fees are assessed on Ihe Account The Ovenirn¢ Fee disclosure will be derermned by your slam oI residence For KY MI, OH and TN. the fee will be disclosed as Dieu-l Fee F"INANCE CHARGE $35 Fer residents of any other stile Ihe fee wdi tie cnsclosed as Overflmd Fee 535 () We will add a Returned Payment F ee of $35 to the Purchase balance of 11-e Account J my payment on Ihe Account rs no! honored or it we must :,turn d to you because rt cannol be processed. A check that is returned unp,a.d wilt ue sem Io, cpreclion tell We wit add a Relunted Convenience Cheek Fee of S35 to Ihe Polchase nal im t' Of Ihe Account If you write a Convenience Check trial sire do not honor under Intl terms of this Agreement ISoe Convenience. Checks and i':Iy.n•,7 Ind ``tnppinq f,aymeni on Convenienre Cheeks' secuons above Ior ,.,or, deta'Is I (hi Vve will add a Duplicate Documentation fee of $5 to the f urchase owan-, of me Acs unr !,.x e jVl Copy ul a mpnih'y statement, sales sip, refund ship or Advance slip that you request There will be no charge for documenlanon niqueSIS m.x!e in conner.!ton with a Udlin_, ere, notice. if ota dives igabon indicates a billing error occurred (d We -1 add a Phone Pay Fee FINANCE CHARGE or $15 Id the Purchasr oatanro or nn, Accounl A you wll us to make a payment on your Accounl and dire assisted by a customer service representative to make Ihe payment p! We wit add an Account Management Fee FINANCE CHARGE of b"e .50 per moreh to tha purchase balance or the Ac'-lit d you volunlanry close your Account with a balance (SeCured accounts are not SI:b)ec to this fee) Ikl We will add a Secured Accounl Closing Fee FINANCE CHARGE of 325 I,, Ine F'. renal- Dalance of your Ac,Counl if if ?s c(osed any lime wimm MvI years from when the Account was first opened fir We will ado a Secured Account Credit Uri Chang,. Free FINANCE CHARGE of $ 15 to the Pu,Chase balance of your Accounl if at your requr.si we,, reduce the amounl of your Credit Limit and release 10 you any funds Iron Ihe CnIfPSpOn(1,r') `_,PCUnIy Savings ACCOunl `1 insurance Charges - Credit life insurance and disability, insurance are net iequ,rei; to nr)ta•.i' c,redd If you are eligible, vu. may pan,crpate m a group Gri':dd -d in SU-- program, which we have aoanged If you elect n1uranc1 c:ovnragt•, ;r. ,n-lanGC premium charge (at Ihe rate disclosed to you', will be a<:ded to the Purchase balance as of the closing dale of each billing :-yclP based upon the Account balance (rrclud,eg accrued FINANCE CHARGES! Tile terns of your instiranr„e coverage will be summanx'd n It- CerV,i.ate of -,in-( .1 W%ir-h will be provided to yriu )1, (:,add l ,mil - the Account Credit Lrmll is the maxlnuin, amount of credit available ::mil prat you may owe under (tie Account al any time. You may not request or obtain additional Purchases. Advances or Balance Transfers once ynu have reached your Credit Lund the initial Credit Limit is shown or. Ihe Cord Came, and will also appear on your monthly Account statements V!e reserve the ngnl to rev'rq.v your Account at any time and increase or dtxcrease you Credil Limit you may not increase your Credit I.ii by carrying credit ow,3n, es oval Ihe Credit Lmvl we make available to you (Also see ai,? -Advance L,mfs section above for more informatinn awl limits on Cas, Advance Cash Fgwvalen! Advance and telephone Irensfer bansacbons, 17 Payrn,nt you must pay u5 in L) S dollars with checks or similar payme•o,, ar..lruinerds brawn un a financial institution iocalad m (tie, LJneed Sales 'r'?e may, at our option, choose to make an exception and accept a payment diawn On a twnigr': bank HOwCVPt you will be charged and agree to pay any collection fees required in conavclion with such a transaction The dale you rn;W n paynierl is drfferenl than the date we receive that payment For purposes of this Agreement, the payment dale is the day we reserve your check or money ,,der at the address specified on your monthly Account Slrliemeni it you mad your payment without a payment cotupon or to an mco,recl adirrrrss , rnav result eh a delayed cienil to your Account This : ,ay result in additional FINANCE CHARGES, fees. and possib+e suspension of yr.u, Ac rnuni 18 Mintmurn Monthly Payment - Each month, you must pay at least the Sdin-nun) Payment and any pas) oue Minimum Payment(s) by the Payment Cue Dab: shown in your monthly Account statement You may, at your option, pay mcxe Ilan the Minimum Payment nr pay the New Balance in full to reduce or avoid the Interest FINANCE CHARGE for the ACCO+ni Ihe Minimum Payment is equal In any Annual Membership Fee due. plus the greater of $ V) or 2% u.' yore regular New Balance rounded to the next higbesl dollar or the full amounl of any regular New Balance toss Inan S I O 00 Any Mmimum Pay,nent or addilional amount you pay each month will not prepay nnv future fdrilrmum Pdy Wills required or change your ob+Igalion to make at leas! a Mini chum aaynent by the Payment Due Dale 19 Payment Application - We will apply payments to promotional or d!scounlcd ,nleresl rate Purchase. Advance and Balance 1 fall balances before e apply payments to highe, vale balances If wa cannot collect your check Or olner paytn+!nl tern within a reasonable omit of lime, we may pnsl as an Advance t-,-. tron the lull amouni of any credr! previnusfy given and charge inleresl on In,,, amount (,mill the posting dale fit,, Transaction Aflt'., a urbdralan The Arbitrators decision -11 generally be final and binding. Other nghis that you would tiave Ayou went In court may also not be avada',:b• arbmr atiun 11 ,s ,mportanl trial you read the entire Arbilizibi l Provision carefully before ac Iporiq the taring of this Agreement Any claim, dispute or controversy (whetter in contract, regulatory lorl or Olhetw,se, whepier pre-existing, p(es en! or fulure and including cobsutuaonal statutory, common low intentional tort and equitable claims) al from or relating to (aj file credit offered or provided to you. lb) the actions at yo,: u% or third parties or (c) the validity of this arbitration provision (individually and collectively, a 'Claim") must after an electron by you or us. be resolved by bruiting arbitration rn accordance with this arbitration provision and the Commercial Arbdrabon Rules of the American Ara?lration AssOCialion ('AAA") ntect when the Claim is fled for. in the event this arbitrator or these arbitration rules are no'onger available then a comparable substitute arbil anon procedure andror arbitration organization that does business on a nationwide basis) Toere shall be no aulhonly lot any Ciarms to be arbitrated a:, it class action basis An arbitration can only deride our or your Claim and may not consolidate or join the Claims of other per sons who fray have sil claims You (nay obtain rules and forms by calling the AAA at 000-77B-7879 Any arbitration hearing ;hat yon attend will fake piece if, the federal lud,cu: O sinrl where you reside At your request, we will advail the first $250 of the filing and hearing fees for any (:;lawn you may life against usthe arbdiatcv will decide whether we w you will ulbmalely pay those fees The arbliraloa shail apply applicable suostanbve law consistent with the FAA and applicable stalules or limitations. and shall honor claims of privilege recognized at law. judgment upuo the award rendered by the arbitrator may be entered n any court having jurisdiction This Arbitration Provtsion shall sur vie ciptlymenl of your velens,on of credit and 1P.tnin0 bon of yrnrr Account This arbroato„ pro'lnsan shall be govemed by the Federal Arbitration Act, 9 U S.C §y 1 through 1,5 44 It you are an Executive Officer of U.S Bancorp, or any of its bank affiliate the Clank ic-'- for, right to dernand payment al any Irene -111:411 VA I'll i:M*A iff• EIM• To secure all of your ur,?gal,uns to is under (his Ca amember Agreement you spec,fr ally grarv u5 a security mleresl in your Security Savings Account wl'th Lis as described in the Sfcurdy Agreetrnenl you signed as pan of your Sxured u4sa apps cation The entire Secondly Savings Account balance_ including any interest credited ro the Security Savings Account and any additional deposits you make. is subject to our secunry interest regardless of the amount you owe us under V,.e Account al any time We have no obligation Io release our secorify mtin est in whole or in part, until your Account is closed, the balance is repaid in full and there has been :ill balance outstanding on the Ars lurff for lowly (30) consecutive days Although we may release all or any portion of the Secur ly Savings Account !o you a; any time this will not affect our seemly interest in the remaining balancz of the Security Savings Account or any additional deposits to the Security Savings Account. You understand trial this security oleresl is a condition to your Secured Visa Account anU Ihe' it will conlirrae. 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 Sacunly Savings Account secures or,ty your obligations to its unde, a,,y other credit card Accounts you may have with us if your Secured Visa Accounl is. in default we will have all rights applicable law allows ,nclutlin,I the right to apply the balance Of your Security Savings Account to the entire balance oulslanding under your Secured Account. To secure thin purcnase loan. you grant us a secunry interest under the Uniform Commercial Code in any goods you Purchase with it. It you default, vve will have the ndhi to recover any of these goods which have not been fully paid for through our appfkatluo at your payments V you give Or bay(! given us or the finarcial institution whose name appears on your card a security interest in any property to set ure all your debts the Account will also be secured by That Ipap(erty to file extent permitted by law We specifically dos Dann a5 seee dy tnr this A<'.O'runl any security interest •11 any .0-thnq' as that term s defined under Regulation Z of Ihe Federal Reserve Board HEEn THIS NOTICF. FOR FUTURE USE Ties s important 41formabon about your rights and our resfv,-!ab,bbeti undi,.r the Far Ac,' Yol,hr tIs n Case it Errors or Oues ails About Your Bit If yo'. Unnk your bill is wrong or if you need more Informaii Jn about an fain ill fr:nisdrbJn c i r )rncatlrir all n, s;t1;r r. ,E it yCi;J F 11 ,> ON A SEPAI'.r OE SHEET OF PAPER AND SEND IT TO U S !sank National Assoc,abon ND P C Sox 6335 Fargo ND 58125-6335, Wnle a as as soon as poss,ule We must hear born you no later than 6'1 days life ire sew yd.: the LIsl bat where M ei,r s or p,oblen, appeared you (,ar, lelephcne us. bul doing so will not preserve yout I(s(lat rights onder the i' air s.--:Todd 3di,•,p act in your letter include ure following ,ntormafion I i Your name and Account number .'.l the dollar amount of the suspected error 3) the dale Ihe transaction occurred (if possi lel, and 4) descnbc the error. and explain. if you can, why you believe there is on en ei ,J you meet, more inlonrOLOn dcscnbc Inc item you arc not sure ab Ot,t if you nave autnonzed us to pay your credit card bill automatically from your savings or I me,,king acCOnot you car, slop the payment On any enlOUnt )Ju believe is wrong Tc, soup file payment yoirt letter o rsl reach us three business days hefo,e in.•. aule,n,atic t::iynrenl is srhedu!e-d to "C"ur Your Rights and Our Responsiblaws After We Receive Written Notice We must acknowledge your letter -111 30 days unless we have C(r-f the error by thin Mlh,n 40 days we must either correct Vic error or expld,n why we bell file statement was correct. Alter we receive your lever, we cannot try to collect any amount you questioned G, 'ef1On your Account as delinquent We can continue 10 bJf ym, for me amount you questioned. including FINANCE CHARGES, and we can apply any unpaid amount against your Credit Limit You do not have to pay any quel llnned amount while we are investigating, but you are Alf obligated to pay the pans of your Account Ina? are nor in question d we rind that we matte a mistake on your bill, you will not have to pay any FINANCE CHARGES refuted (o title questioned amount it we aid rot make a rn,slake, you may have to pay FINANCE CHARGES and you will have to make up any rr;,55cd payments On the, queslared amount. In either case. we wall sand you a statement of the amount you owe and the date that it is due if you fail to pay Ihe amount that we think you owe, we may report you as dei,,lqueif However ,( our explanation floes not sabs'y you and you write IO US wdtun ten days felling us that you still refuse to pay we must tell anyone w•r report you tit, mat you have a question about your bill Arid we must lei: you file name of anyone we reported you to We must tell an Vol we report you to that all )mile., teas been settled between us when d finally is if wF dons lol:ow these rL kgs. we r. l-01 collect the last 550 Ik of 11te 1111es:i,--1 a,;inunt. •. w,.rw your t.", vafi C',"n'ct SpeC,a! Ftufes to! Credit Ca10 `fTcnases It you have a problem with the quality, of prop" or servr.es that you p..... se•d wah you, ClMit card and yo,t have need in good tadh to conecl the problem with the Metchant, you may have -he right not to pay the. remainin', amu,nil due: Cur the property or services There are two limitations on IN, n(jht and both must apply t) YOd must have made the purchase in your home state or. If not wdh,rt yo,u homrr state wilnm 100 m4e5 Of yow Cu,Cr,t 'na ding address and 2) 1 no purchase price must have been more than $50 The wriditions do not apply if we own or operate the merchant or if we marled you the adve,trsement for the property or services `;PE CIAL RULES FOR CREDIT CARD PURCHASFS DCT NOT APPEY '0 PUR0IASE:5 MADE Wi; ti CON\1FNIFNCF CHFC KS Ott (BALANCE 1 RANSF FFt CHECKS ..l J. l,.. r?T ?.i l? .. ..: .:.w __ ?+•-, u.4?L.. wT ?wlcuviy.. '!!ba nw+wR •.Yba?ww.? .•M1lvi.J.?... .v'?n..hy,?iwy.,... .r.?? Exagmtr 1) 'lie uadmigried Assi mor ("A&bW) hereby absolutalyst4 trm eM assigas, stts-over, qutclainu and conveys to Ri'vawA Holdines Ltd., a limfE3d Flip argAtimd atuicr the !awe of T'ram' (" ") on an "A$ IS" aad IIN tT"R'AI,L FAULTS" b4A wit Zut reuxnA and without reprasaatrttlom or wmrantks of any mx, kim, amrada or nstvte. OK.M%S or ?mp(t[L arept as CotprcS*. $a Idb in Sto6ou Q Of Hat Oectain Asst Sala AgmgM i effv ve as of rcb? 24, 200, botwoen Ass px and Assiut; au of Aasipoes right, titia ara3 ?ttetw in and to each of t3)o. aucU Iden.tfeod in tho Assat ScbedaA AaseE l ' a*4ied wcpn as A (the "AIM"): tobtjfW v4th the ilSbt to odleot all Isrt #, . er at at r proa9e of eny b?;nc woll l respeat'LO It Asso#s tariai g:dtto and owing 2f ttza duiz hcxt of (hsckt rt4 bin riot li?aiccd to prom d dvad from tha eonveision; vohxtary of bmhlnWy, of say of the Assets kto ash or otbar. Dlquz i Mperty, ktctudhw, wttho ut tim,Etsz m hl-%a promeds end c miatiou awards), ftm "d attar the date oflWs BIII of Sala and AssiWw,,erA of Assets. IAA'MII: Fobraary x9, 2003 ASSIONM US. bank Nadonul Assoc:iuko NP t3y: ?.?? Na (print): ?tAarxs bxI m r== }) 1 1 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 r • LIT) I 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: /ZU G 9 an R. Mege v F1LFD-; ;K-7E OF WE F7'v .a`•''OTARY 2039 Al-IG 24 f 1119" : 10 $'I% .5o PO ATM Co laqz PIT# aaa to6 Sheriffs Office of Cumberland County R Thomas Kline 1LEJ - ?) FICE Sheriff ortr of Cu,nGr r1 OF THE: 'r Ronny R Anderson ? 44 Chief Deputy 2009 AUG 28 PM 12. 52 Jody S Smith Civil Process Sergeant OFFICE'r'"7' s"'RIFF CU vi'- Edward L Schorpp Solicitor Law Office of Alan R. Mege Case Number vs. 2009-5812 John Buterbaugh SHERIFF'S RETURN OF SERVICE 08/25/2009 08:19 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 25, 2009 at 2019 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: John Buterbaugh, by making known unto Gary Buterbaugh, Father of defendant at 911 Apple Drive Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 August 26, 2009 SO ANSWERS R THOMAS KLINE, SHERIFF By Deputy Sheriff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES of ALAN R. MP-GE, Plaintiff : No. 09-5812-Civil Term VS. JOHN BUTERBAUGH, Defendant TO THE CLERK OF SAID COURT: : CIVIL ACTION PRAECIPE Please enter judgment in favor of Law Offices of Alan R. Mege and against Defendant John Buterbaugh in the amount of $3,616.11 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 15, 2009. anR. Mege, Esq. Attorney ID No. 288 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. 09-5812-Civil Term vs. CIVIL ACTION JOHN BUTERBAUGH, Defendant TEN DAY NOTICE TO: John Buterbaugh, 911 Apple Dr., Mechanicsburg, PA 17055 DATE OF NOTICE: September 15, 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 DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE (717) 249-3166 Alan R. Meg 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 COUNTY, PENNSYLVANIA Law Offices of Alan R. Mege Plaintiff VS. NO. 09-5812-Civil Term John Buterbaugh Defendant 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 John Buterbaugh is over 18 years of age, resides at 911 Apple Dr., Mechanicsburg, PA 17055 and is employed That Defendant is years of age, resides at and is employed That Defendant years of age, resides at and is employed is That Defendant is years of age, resides at and is employed 1, Alan R. Wge, 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 4904 ref tin to unsworn falsification to authorities. Signed: Dated: 9/29/09 OF THE PROTHOWTARY 2009 OCT -I PM 3: 00 CUMBI_, AD '-',,I UN Y PENNSYLVANIA $14.oa P° Otl at:* 1&8q e431337 Ooiw?„ Aa,.bd COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES of ALAN R. MP-GE, Plaintiff : No. 09-5812-Civil Term vs. CIVIL ACTION JOHN BUTERBAUGH, Defendant ) Notice is hereby given that a Judgment in the above captioned matter has been entered against you in the amount of $3,616.11 plus costs and interest on C+ _'2009. ) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. Prothonotary By: 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 , LAVV* :'FI~CES of : ALAN R. MEGE, : Plaintiff : No. 09-5812-Civil Term ` ~ ~ VS. . CIVIL ACTION JOHN BUTERBAUGH, Defendant PLAINTIFF'S MOTION TO ENFORCE SETTLEMENT AGREEMENT The above Plaintiff files the within motion to enforce settlement agreement reached in the above matter and in support thereof states the following: 1. Judgment for Plaintiff and against Defendant in the sum of $3,616.11 plus costs was entered in Lebanon County on October 1, 2009. 2. On October l, 2009, the Defendant telephoned counsel for Plaintiff, and negotiated the case by entering into a payment arrangement. 3. The settlement agreement was codified by letter of October l, 2009. a true and correct copy of which is attached hereto made a part hereof, and marked Exhibit "A". 4. Plaintiff has tried numerous times to contact the Defendant with regard to the settlement, but has not received any payments since December 2009. 5. Plaintiff requests that the Court enforce the terms of the settlement agreement and enter an appropriate Order directing Defendant to complete the terms of said agreement. WHEREFORE, Plaintiff respectfully request that the Court enforce the terms of the settlement agreement and Order Defendant to make payments of $50.00 per month within thirty (30) days and to reimburse Plaintiff in the amount of $100.00 for preparation and presentation of the within motion to enforce. By: sq ir Atty. I.D. #8128~-- Attorney for Praintiff PO Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 - ~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES of : ALAN R. MEGE, : Plaintiff : No. 09-5812-Civil Term vs. : : CIVIL ACTION JOHN BUTERBAUGH , . Defendant . CERTIFICATE OF SERVICE I, Alan R. Mege, Esquire, hereby certify that on October 21, 2011, I served upon Defendant, Plaintiffs Motion to Enforce, Brief and proposed Order by mailing same, first class, postage prepaid to: John Buterbaugh, 911 Apple Dr., Mechanicsburg, PA 17055. By: ; _ - . Me , squire\, Atty. I.D. #81288 Attorney for Pla' iff P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 ~ I . LAW OFFICES OF ALAN R. MEGE, ESQ. P.O. BOX 1426 70 EAST BROAD STR.EET BETHLEHEM, PA 18016-1426 Licensed in PA and NJ (610) 954-5393 Todd A. Johns, Esq. Of Counsel (610) 954-5395 FAX AlanM_Esq@juno.com October 1, 2009 John Buterbaugh 911 Apple Dr. Mechanicsburg, PA 17055 RE: Mege v Buterbaugh Dear Mr. Buterbaugh: Pursuant to our telephone conversation of this date, we have agreed to resolve this matter by entering into a payment plan. You will be paying the judgment amount in monthly installments. The first installment, due no later than October 31, 2009, shall be in the amount of $50.00. All following payments must be a minimum of $50.00 per month and must be received by the end of each respective month. The checkslmoney orders should be made payable to "Alan R. Mege, Esquire", and mailed to Law Offices of Alan Mege, P.O. Box 1426, Bethlehem, PA, 18016-1426. We have also agreed that we will not proceed with further collection activity or raise the interest rate from 0%, as long as you do not default on the payment plan. Kindly sign and return the enclosed Stipulatian with your first payment. If a payment is going to be late or if it will be less than the $50.00, please contact my office as soon as possible. Please note that as the minimum payment amount is $SOAQ you are free to send a higher amount, so as more quickly pay off this debt. Lastly, if a lump sum payrnent 6ecomes available, piease contact my office so that I can provide you with a discounted payoff balance. I appreciate your assistance in bringing this matter to an amicable conclusion. Should you have any questions or comments, please feel free to contact my office. Very truly yours, - - 7- ARM/mll , This message is from a debt collector, this is an attempt to collect a debt, and any information obtained will be used for that purpose. rA r LAW OFFICES OF ALAN R. MEGE, Plaintiff V. JOHN BUTERBAUGH, Defendant AND NOW, this 27TH day of OCTOBER, 2011, a Rule is issued upon the Defendant to Show Cause why "Plaintiff's Motion to Enforce Settlement Agreement" should not be granted. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CZ: NO. 2009 - 5812 CIVIL TERM may. ORDER OF COURT Rule returnable twenty (20) days after service. ? Alan R. Mege, Esquire John Buterbaugh :sld ?nl 0 OK$ e Court, "t? Edward E. Guido, J. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES of ALAN R. Mt-GE, Plaintiff : No. 09-5812-Civil Term vs. _"-- CIVIL ACTION ' JOHN BUTERBAUGH, r- Defendant rv PLAINTIFF'S MOTION TO MAKE THE RULE ABSOLUTE And now comes Plaintiff and submits the instant Motion to Make The Rule Absolute, and in support thereof avers as follows: 1. On October 27, 2011, a Rule was issued upon the Defendant, John Buterbaugh to show cause why Plaintiff's Motion to Compel should not be granted. A copy of the Order is attach hereto as Exhibit "A". 2. The Rule Returnable was to be answered by November 16, 2011 in the Office of the Lebanon County Prothonotary. As of November 21, 2011, no answer has been filed. 3. A copy of this Motion and proposed Order were mailed to Defendant, via first class mail on November 21, 2011. A certificate of Service is attached hereto. 4. Plaintiff requests that the Rule be made Absolute. WHEREFORE, Plaintiff, requests that this Honorable Court grant its motion and enter an Order directing the Defendants to answer Plaintiff's Interrogatories within twenty (20) days or risk sanctions, pay fees in the amount of $100, as well as such other and further relief as the Court may deem just and appropriate. Alan R `l ge, Esq. Attorney ID No. 81' Attorney for Plaiw f .. \. - i LAW OFFICES OF IN THE COURT OF COMMON PLEAS OF ALAN R. MEGE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. JOHN BUTERBAUGH, NO. 2009 - 5812 CIVIL TERM Defendant ORDER OF COURT AND NOW, this 27,?' day of OCTOBER, 2011, a Rule is issued upon the Defendant to Show Cause why "Plaintiff's Motion to Enforce Settlement Agreement" should not be granted. Rule returnable twenty (20) days after service. e Court, Edward E. Guido, J. Alan R. Mege, Esquire John Buterbaugh : sld ???[?? =? ? ?;??'? fit COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES of ALAN R. MEGE, VS. Plaintiff JOHN BUTERBAUGH, Defendant No. 09-5812-Civil Term CIVIL ACTION CERTIFICATE OF SERVICE I, Alan R. M6ge, Esquire, hereby certify that on November 21, 2011,1 served Plaintiff s Motion to Make the Rule Absolute mailing same, first class, post prepaid to: John Buterbaugh, 911 Apple Dr., Mechanicsburg, PA 17055. By: - ge, Es Atty. T.D. #8128 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016 (610) 954-5393 3 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES of ALAN R. MEGE, Plaintiff VS. JOHN BUTERBAUGH, Defendant No. 09-5812-Civil Term Via' r+? X;0 r- cn -CC N) im -G2> ?^- +Zi ., w ' -s O CD CIVIL ACTION x -n :Z C) ORDER AND NOW, this 3a day of , 201 , upon consideration of Plaintiff's Motion to Make the Rule Absolute, it is hereby ORDERED that the Rule issued on October 27, 2011, is hereby made absolute and Plaintiff's Motion is GRANTED; IT IS FURTHER ORDERED that Defendant must make full and complete answers to the interrogatories, without objection or motion for protective order, within twenty (20) days of application to this Court; n r Gam. W 9L wll; C T rte. * twenty (20) days Of flfi74R?dff- Judge Distribution: ? Alan R. Mege, Esquire, 70 East Broad Street, Bethlehem, PA 18016 0,pie,5 I( John Buterbaugh, 911 Apple Dr., Mechanicsburg, PA 17055 140 ,00 the date of this Order or appropriate sanctions will be imposed upon Defendant following COURT OF COMMON :PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA S f 6 TH P O?'NONOTARY LAW OFFICE o ALAN R. MEGE, vs. Plaintiff : No. 09-5812-Civil Term : CIVIL ACTION JOHN BUTERBAUGH, Defendant PLAINTIFF'S MOTION FOR CONTEMPT 2,311 DEC 29 PM is 12 CUMBERLAND CNOUNTY And now comes Plaintiff and submits the instant Motion for Contempt, and in support thereof avers as follows: 1. Judgment for Plaintiff and against Defendant in the sum of $3,616.11 plus costs was entered in Cumberland County on October 1, 2009. 2. On October 1, 2009, the Defendant telephoned counsel for Plaintiff, and negotiated the case by entering into a payment arrangement. 3. After notice, a Motion to Enforce was filed and an Order entered on November 23, 2011 requiring Defendant, within twenty (20) days to begin making minimum monthly payments. A copy of the November 23, 2011 Order is attached hereto as Exhibit "A" 4. As of December 28, 2011, the Plaintiff has not received any payments since December, 2009. 5. A copy of this Motion and proposed Order were mailed to Defendant on December 28, 2011. A Certificate Of Service is attached hereto. WHEREFORE, Plaintiff, requests that this Honorable Court grant its motion and direct the Prothonotary to issue a bench warrant for John Buterbaugh, 911 Apple Dr., Mechanicsburg, PA 17055, and deliver the warrant to the Sheriff. tan R. Mege, Es . 1288 Attorney ID Klainntiff Attorney fo COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES of ALAN R. MEGE, vs. JOHN BUTERBAUGH, Defendant No. 09-5812-Civil Term CIVIL ACTION c o -'03 -; r- C - C-J S -n ? ? C w 'rn ^i iV ORDER `n AND NOW, this day of N , 201 , upon consideration of Plaintiffs Motion to Make the Rule Absolute, it is hereby ORDERED that the Rule issued on October 27, 2011, is hereby made absolute and Plaintiff's Motion is GRANTED; IT IS FURTHER ORDERED that Defendant must make full and complete answers to the interrogatories, without objection or motion for protective order, within twenty (20) days of the date of tl&us Order or appropriate sanctions will be imposed upon Defendant following application to this Court; 1 - wOL. L, akk c... i;? ig F1 1WRWA GARE4kER64hat 91 C. UQ QQ :areeww -_ pp e.Pkai" Judge Distribution: Alan R. Mege, Esquire, 70 East Broad Street, Bethlehem, PA 18016 John Buterbaugh, 911 Apple Dr., Mechanicsburg, PA 17055 NOV 2 y 2011 U L ,-\ A ", Plaintiff i._ /1 J) d 3 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES of ALAN R. MICE, Plaintiff : No. 09-5812-Civil Term vs. CIVIL ACTION JOHN BUTF;RBAUGH, Defendant CERTIFICATE OF SERVICE I, Alan R. Meg,e, Esquire, hereby certify that on December 28, 2011,1 served a true correct copy of Plaintiffs Motion for Contempt and proposed Order by mailing same, first class, postage prepaid to: John Buterbaugh, 911 Apple Dr., Mechanicsburg, PA 17055. By: G-- lan R. Mege, Esqu' Atty. I.D. #812Vntiff Attorney for PI; P.O. Box 1426 Bethlehem, PA 181016-1426 (610) 954-5393 LAW OFFICES OF ALAN R. MEGE, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff JOHN BUTERBAUGH, NO. 2009 - 5812 CIVIL TERM Defendant ORDER OF COURT AND NOW, this 9TH day of JANUARY, 2012, a hearing to determine whether the Defendant has willfully violated our order of November 23, 2011, is scheduled for TUESDAY, FEBRUARY 21, 2012, at 9:30 a.m. in Courtroom # 3 of the Cumberland County Courthouse, Carlisle, Pa. 17013. Defendant's failure to appear may result in the issuance of a bench warrant for his arrest. e Court, Edward E. Guido, J. Alan R. Mege, Esquire John Buterbaugh x .m 3m, r- :sld Cof"ep-S ?,d 1 Iql fa C° 46 C1 :x t ?" ._r LAW OFFICES OF ALAN R. MEGE, Plaintiff V. JOHN BUTERBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-5812 CIVIL TERM ORDER OF COURT AND NOW, this 21st day of February, 2012, the Court being uncomfortable with issuing a bench warrant without personal service upon the Defendant, IT IS HEREBY ORDERED AND DIRECTED that the Defendant, John Buterbaugh, is directed to appear in Courtroom No. 3 of the Cumberland County Courthouse, Carlisle, Pennsylvania, on Thursday, March 15, 2012, at 11:00 a.m. The Defendant's failure to appear shall result in the issuance of a bench warrant for his arrest. If arrested, he shall be brought immediately before this Court for sentencing. Plaintiff is directed to have this order personally served on the Defendant along with another copy of the interrogatories in aid of execution that the Plaintiff seeks to have answered. Plaintiff is awarded the amount of $200.00 for attorney fees incurred in connection with these motions. c By the Court, -0= rs -t ?' oo -c rr, ss < Edward E. Guido, J. ? o --ate ? Alan R. Mege, Esquire P.O. Box 1426 70 East Broad Street Bethlehem, PA 18016-1426 ? John Buterbaugh 911 Apple Drive Mechanicsburg, PA 17055 :1fh eorit5 ma.Ied 11?31D le//z SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?rti?s? ut rr?gGrr? ' r{ Cl I' f Jody S Smith E{ l2 MAP C hief Deputy AM 8: ? Richard W Stewart Solicitor h s° !) PEIM?,'S Y LVANI ,, Law Office of Alan R. Mege Case Number vs. John Buterbaugh 2009-5812 SHERIFF'S RETURN OF SERVICE 02/28/2012 08:16 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 28, 2012 at 2016 hours, he served a true copy of the within Order of Court and Plaintiffs First Set of Interrogatories in Aid of Execution, upon the within named defendant, to wit: John Buterbaugh, by making known unto himself personally, at 911 Apple Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. NOAH CLINE, DEPUTY SHERIFF COST: $38.00 February 29, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES of ALAN R. MEGE, VS. Plaintiff JOHN BUTERBAUGH, . Defendant ORDER r? AND NOW, this day of M M , 2012, it is hereby ordered and decreed that the Plaintiff's Motion for Continuance is Granted and the hearing originally scheduled for March 15, 2012 at 11:00 a.m. shall be continued until i2aP 2012 at A m. Courtroom # of the Cumberland County Courthouse, Carlisle, PA 17013-3387. Distribution: No. 09-5812-Civil Term CIVIL ACTION C-> c te r. r x =;:o n 3 cf) BY THE COURT: v w ° r- ?,° -0 c) -TI T? r? ?-; -? on c_ J. ? Alan R. Mege, Esquire, 70 E. Broad St., PO Box 1426, Bethlehem, PA 18016-1426 V John Buterbaugh, 911 Apple Dr., Mechanicsburg, PA 17055 L'opies v .'fed ?/?3 f is ?i COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAW OFFICES of ALAN R. MP-GE, No. 09-5812-Civil Term CIVIL ACTION • c .,z • - sv -E? rrory :::D -A.. i Plaintiff V3. JOHN BUTERBAUGH, Defendant ORDER AND NOW, this day of / • `, 2012, it is hereby ordered and decreed that the Plaintiff's Motion for Continuance is Granted and the hearing originally scheduled for May -ate== } 18, 2012 at 9:30 a.m. shall be continued 2912 Rt cmirtroom # - BY THE COURT: J. Distribution: Alan R. Mege, Esquire, 70 E. Broad St., PO Box 1426, Bethlehem, PA 18016-1426 ." John Buterbaugh, 911 Apple Dr., Mechanicsburg, PA 17055 (26 I-V'S' rr-al-tck s 17 // a.,