HomeMy WebLinkAbout04-2576IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
BUREAUS INVESTMENT GROUP NO 1,
LLC, assignee of CHASE MANHATTAN
BANK USA, N.A.
NOON ^ a.571?
IN CIVIL ACTION
Plaintiff(s)
-vs-
JOHN F. FRYE, JR.
Defendant(s)
COMPLAINT
CODE-
FILED ON BEHALF OF
PLAINTIFF
COUNSEL OF RECORD
FOR THIS PARTY:
James R. Apple, Esq.
PA I.D. No. 37942
Charles F. Bennett, Esq.
PA I.D. No. 30541
Joel E. Hausman, Esq.
PA I.D. No. 42096
APPLE AND APPLE, P.C.
Firm No. 719
4650 Baum Boulevard
Pittsburgh, PA 15213
Telephone: 412-682-1466
Fax: 412-682-3138
etc-'xc -?
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
BUREAUS INVESTMENT GROUP NO 1, NO.
LLC, assignee of CHASE MANHATTAN IN CIVIL ACTION
BANK USA, N.A.
Plaintiff(s)
-vs-
JOHN F. FRYE, JR.
Defendant(s)
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 are served, by entering a written appearance personally or
by 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, 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
1800-990-9108
2
COMPLAINT
1. Plaintiff is a corporation having offices at 1717 Central Street, Evanston, IL
60204, and as the assignee of Chase Manhattan Bank USA, N.A., stands in its
assignor's stead, and all are hereinafter referred to interchangeably as "Plaintiff'.
2. At a specific instance the Assignor sold, assigned and transferred to Plaintiff all of
Assignor's right, title and interest in, and to the agreement between Assignor and
Defendant. Assignor had the right to assign the agreement. A copy of the
assignment is attached hereto as Exhibit "A".
3. All conditions precedent to Assignor's right to be paid under the terms of the
contract have occurred.
4. Defendant is an individual whose address is 1220 N 14th Street, Carlisle,
Cumberland County, Pennsylvania 17103.
5. At a specific instance and request of the Defendant, the Defendant applied for and
was granted a credit card by Plaintiff at the terms and conditions agreed upon by
the parties, as is more specifically shown by the Agreement, a true and correct
copy of which is attached hereto, marked Exhibit "B" and made a part hereof.
6. The Plaintiff avers that the agreement between the parties was based upon a
written agreement which the Defendant accepted by using credit card to make
purchases and/or cash advances.
7. Thereafter, in breach of obligations under the Agreement, the Defendant failed to
make payments as they became due.
8. Plaintiff avers that the terms of the Agreement provide for acceleration of the
entire balance due and owing upon Defendant's breach of the Agreement.
9. Plaintiff avers that the balance due amounts to $8,368.09.
10. Plaintiff avers that the interest has accrued at the rate of 18% per annum on the
balance due from March 23, 2004.
11. Per the term of the agreement, the Defendant has agreed to pay to the Plaintiff as
liquidated damages, the costs of collection, including all reasonable attorneys'
fees incurred in the collection of monies owing, which Plaintiff avers will amount
to 20% of the balance due.
12. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed
and refused to pay the amount due to Plaintiff or any part thereof
WHEREFORE, Plaintiff demands Judgment against Defendant in the principal
amount of $8,368.09, with appropriate additional interest from March 23, 2004, plus
attorneys fees and costs.
APPLE AND APPLE, P.C.
By:
*ttorneys
AFFIDAVIT OF SALE
41147083
STATE OF TEXAS
COUNTY OF BEXAR
f
1. I, Frank A. Juarez, am Assistant Vice President of The Chase Bankcard
Services, Inc. and am authorized tc make this affidavit on behalf of
Chase Manhattan Bank USA, N.A. (Chase).
2. FRYE JR, JOHN F had a credit card account with Chase, account number
5183370050091300. The account was sold and transferred to
BUREAUS INVESTMENT GROUP #1, LLC, on
date of sale)
3. At the time of the sale to BUREAUS INVESTMENT GROUP #1, LLC, the
amount due pursuant to the terms of the cardholder agreement
between Chase and FRYE JR, JOHN F was $5432.92.
4. Your deponent states that to the best of deponent's knowledge,
information and belief that there were no unaccredited payments, just
counterclaims or offsets against the account when it was sold.
5. Your deponent ackcwledges :hat in making this affidavit chat
BUREAUS INVESTMENT GROUP #1, LLC is now the owner of said account, and
authorized to collect, settle; adjust, compromise and satisfy the same
and that Chase has no further interest in said account for any purpose.
Chase M hattan Bank 5A, N.A.
ByXFnk A. Ju z
stant . e President
F. JUAREZ
On 200 -_? before me personally appeared who,
being sworn stated he/she was authorized on behalf of Chase Manhattan Bank
USA, N.A. to execute the within affidavit.
siLL.JN ??RICE Z*AT,
NOTARY PUSUC
t ? Notary Public
a' S'A'E OF TEXAS
W YW ,SQ 2- mR
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A 4a.
A 2-9 aft 1AM
AUTHORIZATION AND VERIFICATION
41147083*1/T1CH0802
STATE OF ILLINOIS
COUNTY OF COOK
MICHAEL SLOTKY BEING FIRST DULY SWORN, DEPOSES AND SAYS:
I
The undersigned hereby authorizes THE BUREAUS INC. (hereinafter AGENCY)
to take the necessary steps to initiate legal action through a duly licensed
attorney for monies owed to BUREAUS INVESTMENT GROUP #1, LLC by JOHN F. FRYE
JR, of HARRISBURG, PP_ account no. 5183370050091300, (BALANCE: $8,258.82) and
do hereby authorize said agency to bring action in the name of the
undersigned and/or its own name as required by law, to take all lawful steps
necessary to enforce collection or effect a compromise settlement, if in
said agency opinion such action or compromise is prudent.
That the attached claim is, within t=,e knowledge of the affiant, just
and true, that it is due, and that all just and lawful otfsets, payments and
credits have been allowed, and BUREAUS INVESTMENT GROUP #1, LLC agrees to
furnish competent testimony and evidence to prove sa:d-- claim or any part
thereof when requested by said agency or its r s.
BUREAUS INV ANT - OUP #1, LLC
3y:
Subscribed and sworn to bef
My commission expires: PA
?,efael Slotky -74 th_ of Ze
Notary Public
O(flclal Seel
- Linda Sword
Notary Public State of Illinois
any conen"on Expires 05110/08
204`.
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r Dennitlona. iris Agreement consists of this document
and the pricing Schedule which appears on the card carrier
chntaining your credit card, as either may be amended from
litirre to time, You should read the complete Agreement
corefutly and keep it with your records, in this Agreement, the
,ponds °jou" and your' mean any perm (it more than one,
Adividuuffy and jointly) who is easponsible for your tChasa
Asa antVor MasterCard Account,including each person who
signed the application to open the Account or otherwise
accepts or agrees to Ire ouligated on the Accoun6 Me; "us,"
and "cur' rater to The Chase Manhattan Bank (118A). 'Carta'
defers to 'he Chase Visa and/or MasterCard Credit Card(s)
which live issue to you. °Aecotinr refers to your Chase Visa
and/or MasterCard Account with us,
Use Or Your -Account= We have sent you the Card(s)
,)ou asked for. .,w agree to sign it promptly upon receipt. You
cnay %ise (he Card in (ease or purchase goods and to obtain
serviras on credit Irony artiy person who accepts the Card
("Purchase(s)"). You may also use the Card to obtain loans
S"Cash Advancas") from us or from anyone who will accept
the Caru (such as certain financial institutions that honor
I' h advance drafts or automated teller machines (At M's)
that dispense cash upon entering a proper personal
?denhficaticn number). In addition to the Card, you may use
Chase Visa and/or KIastet Checking checks ("Check(s)')
,vhich we, issue to you to obtain Cash Advances. We do not
ranvsa (hat averyene will honor the Card or Checks. and we
lave no obligation to you if anyone refuses to accept either
of them. We will not tie liable it any merchant, any banal or
tither person does not honor your Card, Check, or other form
pi request for a purchase or Cash Advance, or fails to
provide any service made available to you by us. Frorn time
30 time you may be required to furnish identification when
your Card is presented for use.
Obtaining Credit Without A Card. It you or scmeone
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i you uilhorize to use ynur Account signs a sales slip, obtains
1 a Cash Advance, or gives your Account number to make a
Purchass or obtain a Cash Advanca without presenting the
Card (such as for a mail-order or a telephone purchase), 'ar
it you sign a Cheek, the legal effect will be the same as it the
Gant itsalf was used by you.
For riold accounts only, it your personal or business
check is cashed at a parltcipaling organization upon
presentment with your Cam and is returned to us unpaid,
you auaturize its to charge ace amount of the check to your
Arrount as a Cash Advance.
Use of Checks. Each Check contains your Account
nunrher and may be used only by the person(s) whose,
nama(s) is printed art it. Each must be completecl and signed
n the same way as a regular personal check, A Cash
Advance is considered o he made and the funds oecaived
by you ,n the date we pay the Ches'k. You may not use a
Gheck u; pay any arncurits you owe under this Agreement:
We do not have to ceriity, any Check and we are ?:rt
obligated to pay a Chark that is fmst-dated. (:hacks paid by
its will not be returned to you with your periodic statement,
but will be identified nn it_
G'raditis Far Aefurtde, it you obtain a refund,
adjustment or credit for a Purchase made w'dh the Card, you
will receive a rredil to your Account, not cash.
Astum Of d;arrts And Checks( We have the rinhi to
repossess at any time the Card(s) and Cchecks that +ere r7ive
ycu, Yriu accred to surrand'u; ahem at our request.
authorisatians. Ptirrhasas above Certain amounts and
all lash Aitvann;es ,aquire our.ftriitr approval. Our pror
approval may be required in other circumstances as well.
`(base approvals are rolled "authorizations," We may lirmt
the number of ac.nhodiations we ;mill give your Account on
any ape day.
'No are not. obligated to authorize a transaction using
+pjr Card nr ynur-Aernunt or to pay a Check it:
{t Your credit line at Cash Access line has been
exceed or a,?nuld be exceeded by the transaction; (2) you
gave failed to pay amounts owed to us when due or have
tailed to fallow any of the terms of this Agreement; (3) you
I Have notified us or we have determined that the Card ar your
Chs6a have or may have been fast or stolen, or that there
may be unauthorized access in yourAccount; or (A) you are
in default it your rights under this Agreement have expired
or been revoked.
At times when our aulhorization system is not fully
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?wnrking, we may r,ut be able !).give our approval for snore
transactions aven thuugh they would not axreed your creeiit
limit, ?)tese restrictions are lot security reasons. Frr these
?sectidly reasons we cannot explain the details of how our
;authorization system words. You agree that neither we nor
our authorization agent shall be liable tot not giving an
authorization.
augatiotis On Your Account. You authotiua us to pay
and charge your Account for sit Purchases and Cash
Advances fesull!ndg Iforn 11`e usa of the Card, Checks or your
Account.'fou prorrnise to pay us for ail these Purchases and
Cash Advances, any Finance Charges and Other Charges
provided for under this k raement, and any other amounts
i"that you may owe us. ?ou are also reapmnsihie tot any
preauthwzed or recurring charges nn your Account (such as
nsurance premiums billed to your Account on a regular
aasis, or hotel or car rental charges that are permind to be
(:harged fo your Ar^aunt under the terms of the agreement
or policies of this merchant). -You may also be liable for
ca tarn unauthorized use of /our Card or your Account, as
desm in-ad later in the Agreement, You are responsible for all
tlr8se afraunts chaint.,ti to your Actmunt whethar Cildged by
"Mu, a person WhorYr you perrmit ;n otttain credii on your
Acmnunt (such as by landing a person your Card), or any
r,fher person using your Card or your Account with actual,
!urplied of apparent authority tot such use. 11 more ihw; 017e
parson is obi ated under this Agreement, we may requiira
that you pay t ie fail amount owed on your Account without
our ffrSt asking Me ether person(s) tr pay,
Your i;redi3 tine. Your credit line and cash access line
are hown on the folder cnniaining your Card arid/or on ear..h
lnonihly periodic: 9taternent, Yo% not'we, are responsible far
i preventing the total balance on yourAccount from exceaiing
the credit line and the Cash Adtvanr;as. balance front
excaading the rash access line. You agree not to make any
1 f !)rchases or torbtain any Gash Advances that would rnake
ft.' urrpaid halanca of your Account exceed these !units. If
yotntlp, we may demand that you pay the excess and you
agree !a pay it immediately. You also agree that we may
change or cancel your credit line and/or Cash Across line at
any time without prior notice and without affecting your
obligation to pay amounts that you owe under this
Agreement, Any such change or cancellation may result
from our pariodic ramew of the performance rn your Account
andlor consumer credit reports we may obtain from
consumer reporting agencies (credit bureaus).
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Periodic Statement, 'Nib will send you a perirdir
l9taiement for ear) mcrithiy billing .-icie Sloan there iy any
,debit or credit balarrca at chore than $ t or when a Finance
;Charge has been imbosed. You agree to notify us if you or,
Inot receive any particular statement.
Payments Ott Weir Acrount. Ali payments must he
;made by you and received by us in accnrdarice with the
paytnent;nstnrctions that appear on your per tiftstatemwit.
Ail payments must Le made by check or money order
payable in U.S. doitars, or such other means as we may
expressly permit. Any payment made using a check or draft
may not he processed or applied to your Account for reasons
including !hat it is: rrnsidated; incarnplate (such as when a
signature j5 missing); the nurnenc amount is different than
the written amount; Oc it is act made payable as indicated )n
your periodic statement. Any payment instrument that Is not
honcred try your frank will not lie applied to your Awwunr nor
quill it he returneid to yen. We may, bul are not rihiigated to,
a;-_,apt any ;ayrnenl iha,i 1s not drawn an the U.S. Post Offica
nr a linandal institution located Iin the United States. `tie rosy
charge ecru any bank enihection fees we inrur for any chec;c
payments made -in U.S. ifoilars drawn on a tron-il.S.
tdranciar irrstitutinrr,
We ran accept late or partial payments, and payments
That are marked with reyuictive endorsements such as
"payment in foil', wiihcut losing any of nur rights.
i,I our Option, Una J?nay psrrnit you `o skip gout rrrinimilm
monthly payment for ogre or more moriths without penally,
Finanr.d Charges will cxlntinua to accrue on the outstanding
balance dunng such skip payment period(s1 and your neat
required minimum monthly payment wilt he calculated it,
acccrdane with the method sat forth in this A?reerrterit,
The Mirtirntttn Monthly pay»rent.:aciI mcrith, you
may pay all or any hart of your balance, except you roust pay
•us at least your minimum payment by the Payment rue
Qata?'<our minimum payment is the total of,
1}. the farmer amount 01 the minimum payment traction
shcivtavn the Pricing i&edula multiplied by your Purchases
New Oalance or 10 (or your entire Purchases New Balance
if it is less than $10); plus
2) the larger arnount of tha minintum payment fraction
l `shown an the Pricing Sc)edule multiplied by your Cash
Advances Now Balance or $10 (or your entire Cash
Advances New Salance it it is less than SIC),- pills
3) any past due arnount; plus
d) at a1r oplinn, any arnount you owa in excess of your
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credit or cash access line.
Anpllcalflion Of Payments. We reserve the right to
apply the payments on your Account in any mariner we may
choose in our ; ule discretion. Ailhruf h we post your
payme is on the date we receive them, ifce credit available
to you py reason of your payments may tie restored as of the
date-tire funds are roliec;ed by us. All credits for payments
all yoslr Account are suhject to final payment by the
institution on which ilia ite+n of payment was drawn. in rare
circurnstances, restoring ilia credit available to you by
reason; of your payments ntabe Purifier delayed,
Credit Balances And 'Overpayments. It there 15 a
credit balance on yourAccouni ar you make an overpayment
which creates a cradit balance, we will apply it to tufura
arnourlts owed. It you ask, we will refund any eredit balance
owed io you. Even it you do net ask, it a credit balance
greaia{ than .11 rernains iii you, Ac,:ourit for 6 months, we
will aulomatic:aliy send you lhr; credit balance outstanding at
'fiat tirne, We may charge in your Accguni and you agree to
pay us far any credit halanre(s) that is refurxfed to you in
error.
Flniartae Charges. rinance Charges on Vcur Arcaum
include those determined by a periodic rate, a ninimum
charge on Purchases balances and a Cash Adwance
traneat;tion fee. This Agreement provides for the
Cornptyundfng iii Finance Charges.
financa Charges batarmined By Periodic Raidi
Mi"ImIum Purchases FinancaJ Charge. The Finance
Charge determined by a pedodir rata is figured separately
for Purchases and Cash Advances, bull the method used in
Ina grnputalion (generally known as the 'average daily
balance, including new lransactloW method) is the same.
Separpfe average daily balances are calculated for
Purchases and Cash Advances. Each average daily balalnca
is multiplied by a monthly periodic rate. A minimum Finaitre
C? ajs in the a Qunt set Wit in the Ncing Schedule
appill for ilia computation of ilia averaire daily halancd} for
Purrh45es multiplied by the monthly periodic rate.
Avaragtu baily dalanod. Here is how; we
determine each of your average dally balances. For each
day inithe billing cycle, we lake that day's beginning balance
of Purr:hasas nr Cash Advances on yourAcsount, add,any
new Purchases, new Cash Advances or debits to I the
approprats balance and subtract any payments or credits
fnim the appropriate balance as of that day. This gives us the
daily balance for Purchases and the daily balance for Gash
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Advanres We then add up ail the Purchases daily balaneas
land all the Cash Advances daily balances tar the billing
cvcie, and divide each sum by the number of days in that
j Ibiiling cycle. This gives as the average daily balances for
i !Purchases and Cash Advances.
Periodl+; plate. The monthly perodic rates
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appiied to !tie Pwrht isas and Casa Advanre5 average daily
:balances and the c„rresrrurtriingAnnual Parcantage Bates
are in the { doing Schedule. If the Pricing Schedule includes
"Variable Rate index and Margin" information lot any
particular rate that applies fa your AccGuol, that rate is a
;variable rate and the disclosures nelow regarding variable
rates apply lot trial rate. If the Frieing Schedule does not
include such "Vanaale Pale Index and Margin" information
for any particular rate (as indicated by an N/k for "net
applicable or the aitsem:u cl :uch information in the Pricing I
!Schedule), that raie is }ixel :nd the disrlasures heiew
regarding variable rates iii; Prot altltly.
Variable Hated, it aid ITIM ty pt:11(Ak rate and
a,rreslAnding Annual ller-enlare mate that apply to emir
j Ac=irit are variable sates (see E Hcing Schedule), they nay
nc:adsa or decteasa from one billing Cycle to anoihar
fhasa tales are hasad on itte value of an index (the °Indea')
to which we add a margin, The Index and marrgm are in theq
Pricing Schedule. `nie Index plus the margin determine the
nominal Annual Percentage Rate.
It the Index is nett published on he relevant date, the
Index; we Lisa in rafting the monthly Padodir, rate for
Furcnas,33 and/or Cann Advent as on your Account will da
the lowest Prime Bate published in Tire New yark Ernes rr
any other newspaper ,.it national cimulallon selected by us.
For purposes of !his Agreement, the Index is morel yy a pricing
index, it '5 not, anti shouki not he considered by you to
represent, the lowest or the hest interest rare available to a
borrower at any particular' bank at any given erne.
.The monthly' pariocic rate far purchases and/or Cash '
I Qduaaces increases when the Index increases cn the
releG ,t date, and decreases when the Index decreases on
the relevant date. An increase in the rate means you pay a
larger Financu Change and a higher rninlinum mondtiy
payment. A decrease in the rate means your pay a smaller
Finance Charge and a lower minimum monthly payment.
There is no limit on the amount by which the monthly
periodic rate and the corresponding Annttal Percentage agate
may change at any one lime or over the life of your Account.
Far instanu, if the Annual Percentage Nate were to increase
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by perrantage powls, the amount of the Finance C,,wire
"urged to your Ac;;ouiit on an average daily halanca of
, 000 would increase by $4.17 per rnonlh.
I Finshoo Charge Accrual And &a6* Period.
Finanu Charges are imposed on Purchases and Cash
Advances frmi [tie transaction date or the first day of the
billing cycle in which the transaction is posted to your
Account (whichever is later), or, at our option, the data the
transaction is posted to ynur krnunt. Finance Charges
contirn.ie to accrue unfit payment in full is received. However,
there is nn Purchase Rtiarics Charge fora monthly billing
eycia it ifie Purchases balaricn(s) at the start of the cycle (the
total purchases Previous Balance shown on your statement)
i9 zero jr it !t is paid and credited in full by the end of that
hjlling rycie_ Because of file mariner in which payments are
applied to your Account, any minimurn due on the Cash
Advance balance(s) must also he paid in order to avoid
Pinanca Charges on Purchases.
trlnatice Char+ us DaildinmMad By A Tr msaallun "
Fae, lou will ha ci;arrged and agree to pay us a transaction
ii ? FinaMb OaMO 11-1 the -_;170uni set 10101 orr Uie Pliriflg
w?;hwiuie for each Cash Advance that you receive.
Wier charg04. The following fees and urges, when
iWmsed, will -?t trealed as a Purchase, Pia amounts ul
,hese tees and charges, and any limitations or restrir tins
that may apply other than as described below, are in the
ijncing Schedule, it the airing Schedule indicates "WA'
next to any tea 0r char e or in the absence of such
iriformation, the `ed' or charge does not apply to your
AICrounl.
>Anwniai emit.ershipF!aa.Anon-refundablafee imposed
annuaay that is owed by you whether or not your A4110ont is
t*4d at any time during the year,
Bales Slip or Duplicate Statement Fee. A lee imposed
for each original ar copied sales slip and duplicate statement
y,y request The fee_ is not owed if a tequest for such a
decumrtrit reveals a biilinrd error as defined by Te f=ederal
i• ieserit68oard's Regulation 1.
Late Payment Charge. A lee imposed for any minimum
monthly payment which is not paid by the Payment (due
mate shown on your monthly periodic statement
Rehimeil Payment Charge. A fee unposed it your bank
will not honer ynur check of payment instrument or we
c?annat process it.
Ovedimit Fee, This fee is imposed f6r any hiding cycle
iii, which your Account Jalanca zxreeds the cradit limit on
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CiIF1SE JNhu?. nH:.';e;',)po?':sr
our Account,
stalla Vxraptivala. Cartuin of Me Other Charges diffet
in anuwunl or do not apply ris long as the billing address frr
yuur Account Is in One of the states as designated in the
f'ricinrg 8chadula. fhesu states are designated by
?i;brevration. In alphabeticat owdr, the abbreviations that
may appear in the krinry Schedule are: ALfAlabama), A
(California), C0 (Colorado), IA (Iowa), 10 (Idaho), IN
Indiana), KS (Kansas), ME (Maine), MN (Minnesota), Nf:,
North Carnlina), OK (Oklahoma), PA IVennsyivania), SC
(South Carolina), 01' (Utah), WV (West Virginia), WI
O isconsm), and 1Y (Wyoming), Your Pricing Schedule
rnayinclude only some of these state abbreviations.
c=redit Insurance, Any credit insurance offered in
hannectian'Ah your A(,cOunt is optional. It YOU chno8e try
purchase it thtt; igh (is, you authorize us to charge Iti.
jtreruiums lo your k1mum and you agree to pay for diern in
accordame with 'his Agreement.
u. 0etault. Your Account wiil, ne'in default and we can
require that the total Outstanding balance he pair! (this is
knovin as 'hit right:oi acoeteratinn)'it: (t) you exceed fhb
cradil limit in nlircl on your 1'coflurr1 (2) you fail to pay any
drruaunt owe;1 udder this Agreement when due; or (3) your
abiiity to pay us is materially hnpafred (inr_iuding, but not
)hilted to, harrknuptcy or insolvency proceedings that are
ifAialed by or against you). "Ale do not have ?o nolity you or
idmand payment in order to lake this action.
ealiectfoo Coda And Attorney'a fees. As permitted
by !aw, you agree- to pay all masonabie attornay fees, court
r.osts and ^iher collection costs actually incurred by us in the
ceiAertmn of any arnaunts you awe us under this Agreement.
Arn,endmerits To nit; Agreement. We can amend
any of the terins of this Agreement at any little, and we
can sef the elf"tive elate fur any such amendment. We
)gill notitff you by rootl at any such amendment ae
bt•,riired by law: The amended terms of this Agreement
van apply to all outstanding unpaid indebtedness and
Any future transactlons an your Account. Any change
which would lncrease the rate at Finance Charge, Other
Charges, or impose a fee or charge not set forth In this
Agreement will be affective only if you agree to it. You
agree to an am enarnent it: () after 30 days from the date
we. mail ilia notlca of the1rhange (or such later date;
Indicated in the natlae), you dry nut give its written
i1ratice raja ling the change at the address we specify;
(2) you use the Account (even it you write to us
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jrelecttnrd the amertdmani?; or (3) you agree In writing tp
the zharnge. Ufa will Indicate in our notice which of the
above rneihod(s) will constitute valid convent.
Cancellation. We call at any limb without prior .lotice
uncsl your privileges under this Agreement (and we can iist
;your Said in warning bullatiris). We will notify you of a
;cancellation. You agree that you will not try to make any
Purchase or obtain any Cash Advance after you have peen
notified that your privilege to use the Gard or Checks has
been cancelled. In this event, you must make other payment
arrangements for preauthorized or recurring charges on your
Account. You are still responsible for any Purchases or Cash
Advances made on your Arcaunt even after it is closed. You ,
may, cancel yarr Account at any time by notihyinh its and
cutting all Cards issued on your Account in hall. You will
remain liable for di i/ charges made to your Account (by you,
a joint au,ountcardholder or anyone to whorn you have lent,
given or had issued a Card on your Account) Prior In your
cutting all k'ards in half and notifying us of the canceilalien.
For airy cancellation of your Acrnuri, we can require that
you return to us all.Cards issued on your Account.
No Sectttthd Intsrast. Far your Accnunt, we specifiraily
waive any, security interest in your property that we may
have ilnder any other ar reement with you.
Credit' Reporting/iShawing Credit Information. Yru
atgre6 that a cansurner credit report may be raquesled
p virXilcaliv from one (it more consumer ?epotttng agenElHS
(rradit bureaus) and used in nartnertion with your application
and any update, renewal or extension of credit on your
Account. It you request, you will he informed whether any
consumer report was ten'uested and, it at,,, of the name and
address of the consumer reporting agency that furnished the
repnn. You agree that we may share Account and other
information as well as information conlained in your Amount
application and in any credit report on you with any of our
d Bates and othets-for purposes including ronsidaring your
e%hriity for their products or services.
Ilbtices'Arid Change of Your Addrastiz We net send
statements and any other notices In you at the address
shown for you in Our tiles. It this is a joint Account, we can
send statements and nottcas to either at you. You promise to
inform us promplly of any changes in your address. You may
write to us at the address listed below. To improve customer
service and security, your telephone communications with us
may be monitored or recorded.
Foreign Catrrency Transactions, Transactions on your
FEA i i cr7r12 i2; 2C;P `j HP ! ASccR.iE , 3L'IPl
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Account made A a foreign currency are ccnveried into U.S.
;dollar amounts by Visa International or'Aastert;ard infer-
(national, Inc. !Asa and ttastetCard each have their own
Currenry cotivPr$ion procedure and rates. Currently the
currency conversion rate s generally: either a wholesale
market rate or a government-rnandated rate in after,t the day
betcre the transaClinrr prwassing date, increased by one
percent, The currency conversion rate used on the
processilrg date may differ from the rate in effect an the
;transaction date or the pariodir, statement posting date. We
idn not sat the currenry conversion rate nor do we receive
any porurin of it,
Where Agreement Made, Who Is Bound. I his
!Agreement becarne affective in Delaware where we
. approved your Account. In addition to other ways in which
i you may have indicated your cnnsanl to be hound, this
Agreement applies to ycu it you use the Account.
Delayed gnfateament. We may delay enforcing or not
enfrrca any of our rights under this Agreement without !wing
any of them.
3avarability, the invaGtrity of any provision of this
Agreement shall ow atfat t the validity of any other provision.
Assignment. We can assign this Agreement and
tranSler the Account to any third party without notice to you.
You cannot assign this Agreement or the Account,
Law That Applies. The laws of the Unites! States of
Amdriea and the Mate at Delaware apply to this
Agrearnent and to year usa 0f your Card, your Cheeks
and your Account.
Your Liability oe tlnautKtviiad Oa* Of Ydur card.
Yeti may F*, liable far the unautharize?,u58 of your Card. You
Mil tint be liable for unauthorized use that omm after you
notify Otiose 6ankCard Services, Fraud Risk and Loss
contmi Division; by writing to RO, Box 28022, Phoenix, A"Z
85,072.9022, or orally fly calling us toll tree at t-8t')-g27-
7Qt0;of the loss,'lheft, or.possibla unauthorized use of your
Catd In any case, your liability for unauthorized use will not
excae( 3I%'Ynu agree that anyone who is issued a Card for
your Accaunt (or anynna to whom you lend or give your
Card) is authorized to ;Wake charges to your Account to the
same extent as you and that such authority, cannot he limited
by you. Such authority will continue until you revoke it by
notifying us, obtaining the Card in your physical possession,
and it it is a Gard issued in an authMzed usei, by also
cutting it in half. It 7011 raesive a benefit trorn the use of your
Card or Account by another person, such use will not be
in
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;I> aflca C:Iarges, 'eld we ?af5 apply Stiy Unpcltl 3rnnUnt
aydinst your .rer i! lirirft "Iglu do not have ro pay any f
questirred amount ;white we are lnvesifgaGr, but you are
still ariigated to pay the parts of your bill that are :lot in
:tUestion.
it we find we made a: mistake an your bill, you will ml
live to pay any Finanes Charges related to any questioned
amcunt. If we didn't rnaka a mistake, you may have to pay
f?nanca Charges, and you will have to make up any missed
payments on the questioned amount. In either case, we will
;end you a statement of the aannunt you owe and the date
l that it is dart.
It you tail to pay the amount thin we chink you owe, we
may report you as delinquent, However, if our explanation
rxes not satisfy you and you write to us within ten days
t0ling us that you still refuse to pay, we must tell anyone we
repot you to that you have a question about your bill- And we
j must tell you the name of anyone we reported you to. We
must 'ell anyone we report + r u to that the rnalier has bean
:raided LehNeen us whan it r1ralty'is.
If ve dcrr't fellow theca ;ales, we ean't C-IIr3Ct 1118 `itst SM
of this questioned arncunt, even if ,lour bill was correct.
Spacial ytuls For Cradlit taard Purchases. It you have
a;probiem with the quality of property or services that you
purchased with a credit card, and you have tried in good faint
j to Correia the prablern with the merchant, you may have the
rirdht not to pay the remaining amount due on the property or
seMcas. There ars two limitations an this right: (a) You roust
have made the purchase in your home slate, fir tf not within l
your home state, within 100 miles of your rutrent mailing
I arsdress, and (b) The purchase price rrlust have hewn more
Ulan S%
These limitations do not apply if we own or operate the
j merchant, at if we mailed you the advertisement for the
property or sapiens.
rar_ cola ;; MANHAI-TAN HANK (USA)
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T Eli R, P. i
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AFFIDAVIT
1 lallh6l, L?L-07/may ,of
/v!
6?wS -?/f (f?%v?T t e)217? 6?&f 11d, l , Plaintiff
?Wle
herein, verify that the statements offact contained in the foregoing Complaint are true
and correct. I understand that false statements herein are made subject to the penalties of
18 Pa. C.S. § 4909, relating to unsworn falsification to authorities.
2Aa J a06 Date
Tiitlle7
Address
City, State and Zip
L--
koa 0/
73
C
Curtis R. Long
Prothonotary
office of the Protbonotarp
Cumberiaub Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
nAl -142S% CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2.
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573