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HomeMy WebLinkAbout10-5617I. I- I Our File No.: 265699 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff BARCLAYS BANK DELAWARE 125 S WEST STREET WILMINGTON, DE 19801 Plaintiff, vs. PATRICIA L SCHMIDT 545 APPALACHIAN AVE MECHANICSBURG, PA 17055-5506 Defendant. COURT OF COMMON PLEAS nLED -oF-r CE OF TWEE ?'? , -?.? ,bTAAY 2S j .. •? 'J COutm p 4N-MV" CUMBERLAND COUNT//Y?? NO.: 10 - 5(017 &v i lTe v, 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 attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 0-5 jga.oo Pp A-m/ ovIQ5aq-a 0 .1q7'1(0' .I • i s Our File No.: 265699 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff BARCLAYS BANK DELAWARE 125 S WEST STREET WILMINGTON, DE 19801 Plaintiff, vs. PATRICIA L SCHMIDT 545 APPALACHIAN AVE MECHANICSBURG, PA 17055-5506 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is BARCLAYS BANK DELAWARE, 125 S WEST STREET, WILMINGTON, DE 19801 2. Defendant(s) is/are PATRICIA L SCHMIDT, an adult individual residing at 545 APPALACHIAN AVE MECHANICSBURG, PA 17055-5506. 3. At the special instance and request of Defendant, Plaintiff, BARCLAYS BANK DELAWARE, issued to Defendant(s), Account # ending in 1299. 4. Defendant received, accepted and used the account to its benefit. 5. This account is in default and Defendant(s) has an unpaid balance of $3,503.08. A true and correct copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A". 6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are included in Exhibit "A". 7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as above. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $3,503.08 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSMIATES, P.C. Attorney fob A Law Firm Ensaized in BY: Dated: 8/13/2010 David J. Apothker, Esquire Our File No.: 265699 l VERIFICATION David J. Apothaker, Esquire, Esq. hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4?" relating to unworn falsification to authorities. David J. Apothaker, Esquire AttornL\y for Plaintiff DATE: 8/13/2010 BARCLAYS BANK DELAWARE PATRICIA L SCHMIDT 545 APPALACHIAN AVE MECHANICSBURG, PA 17055-5506 STATEMENT OF ACCOUNT Debtor's Name: PATRICIA L SCHMIDT Account Number: ending in 1299 Balance Due: $3,503.08 Our File No.: 265699 EXHIBIT "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~o`ti,tit~ ct ~u~hGrfr~i,~ Jody S Smith Chief Deputy ~-r -~. Richard W Stewart Solicitor ~FF,c~ ~~~F -~_ =~~~~~r Barclays Bank Delaware vs. Patrica L. Schmidt Case Number 2010-5617 SHERIFF'S RETURN OF SERVICE 09/29/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on September 29, 2010 at 1130 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Patricia L. Schmidt. After several attempts the occupants residing at 545 Appalachian Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055 will not answer the door. SHERIFF COST: $46.00 SO ANSWERS, September 29, 2010 RON R ANDERSON, SHERIFF -~, ry p ~ .-v. p "'~~- G".a w1.» y-y y~ c7 GnuntySuite Sheriff. Teieosoft. bic. • Our File No.: 265699 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff BARCLAYS BANK DELAWARE 125 S WEST STREET WILMINGTON, DE 19801 Plaintiff, VS. PATRICIA L SCHMIDT 545 APPALACHIAN AVE MECHANICSBURG, PA 17055-5506 Defendant. Pursuant to Pa. R.C.P. 430(a), Pa. R.C.P. 410(c)(2), Plaintiff, by and through its attorneys, requests that this Honorable Court grant an ORDER permitting service of the Complaint upon the Defendant(s) by posting the Complaint on the most public part of the property located at 545 APPALACHIAN AVE MECHANICSBURG, PA 17055-5506, and by serving it by certified and regular mail at 545 APPALACHIAN AVE MECHANICSBURG, PA 17055-5506 and in support therefore, presents the attached Affidavit. FILED-OFFICE OF THE PROTHONOTARY 2010 DEC -2 AN 11: 5 0 CUMBERLAND COUNT)" PENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5617 CIVIL TERM Civil Action MOTION FOR ALTERNATIVE SERVICE APOTHAKER &/ASSOCIATES, P.C. By: A Law Firm Debt David J. Apothltm, Esquire Attorney for Plaintiff Dated: 11/18/2010 Our File No.: 265699 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff BARCLAYS BANK DELAWARE 125 S WEST STREET WILMINGTON, DE 19801 Plaintiff, VS. PATRICIA L SCHMIDT 545 APPALACHIAN AVE MECHANICSBURG, PA 17055-5506 Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5617 CIVIL TERM Civil Action AFFIDAVIT OF SERVICE I, Natalie Friess, of full age, depose and say that I am a legal assistant at Apothaker & Associates, P.C., and that on this day I did mail to PATRICIA L SCHMIDT at 545 APPALACHIAN AVE MECHANICSBURG, PA 17055-5506 a copy of a Motion for Alternative Service, Affidavit in Support of Motion, Proposed Order and Affidavit of Service. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection ,n r By: Natalie Friess Dated: 11/18/2010 Our File No.: 265699 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff BARCLAYS BANK DELAWARE 125 S WEST STREET WILMINGTON, DE 19801 Plaintiff, vs. PATRICIA L SCHMIDT 545 APPALACHIAN AVE MECHANICSBURG, PA 17055-5506 Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5617 CIVIL TERM AFFIDAVIT Civil Action I, David J. Apothaker, Esquire, attorney for Plaintiff in the above-captioned matter, do hereby aver to the best of my knowledge, information and belief, the following: 1. Plaintiff brings this action to collect monies due on a credit card account. 2. The Sheriff of CUMBERLAND County was unable to serve the Complaint upon Defendant at his/her residence at 545 APPALACHIAN AVE MECHANICSBURG, PA 17055- 5506 because: • NO ANSWER Attached hereto as Exhibit "A" is a true and correct copy of the CUMBERLAND County Sheriff's Return of Service. 3. I have made an investigation to determine the whereabouts of the defendant and confirm 545 APPALACHIAN AVE MECHANICSBURG, PA 17055-5506 as Defendant's address. This investigation has been supplemented by employees trained to skip trace, the process of locating a person's whereabouts, from the time this account was opened through the present day. This investigation consists of, but is not limited to, the use of LexisNexis Accurint for Legal Professionals, Experian Credit Reporting Bureau, whitepages.com, whitepages.com/reverse-lookup, searchsystems.net, PA Recorder of Deeds County Remote Access sites, in addition to: a. Inquiry of United States Postal authorities pursuant to the Freedom of Information Act, 39 C.F.R. Part 265. Attached hereto as Exhibit "B" is a true and correct copy of the Request for Change of Address from the Postmaster confirming Defendant's address. 4. This investigation confirms that the address that the Sheriff of CUMBERLAND County attempted to serve the defendant at 545 APPALACHIAN AVE MECHANICSBURG, PA 17055-5506, the address where defendant is located. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. APOTH=ttome R AS OCIATES; P.C. for laintiff/? / A Law Firm Ena ed m Debt'Collectiol By: David J. Apoth cer, Esquire Dated: November 18, 2010 ??sc?gy Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Or, Barclays Bank Delaware Case Number vs. Patrica L. Schmidt 2010-5617 SHERIFF'S RETURN OF SERVICE 09/29/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on September 29, 2010 at 1130 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Patricia L. Schmidt. After several attempts the occupants residing at 545 Appalachian Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055 will not answer the door, SHERIFF COST: $46.00 SO ANSWERS, September 29, 2010 RON R ANDERSON, SHERIFF Dur File No.: 265699 October 29,20 10 Request for Change of Address or Box Holder Information Needed for Service of Legal Process POSTMASTER MECHANICSBUR.G. PA 17055-5506 Please furnish the new address or the name and street address, if a box holder, for the following: Name: PATRICIA L SCHMIDT Address: 545 APPALACI]IAN AVE M.ECI ANICSBURG, PA 17055-5506 l7Jrh",\ hi NOTE: The name and last known address are required for change of address information. The name, if known and post office box address are required for box holder information. The following information is provided in accordance with 39 CFR 265.6(dX6)(ii). There is no fee for providing box holder information. The fee for providing chatiage of address information is waived in accordance with 39 CFR 265.6(d) (1) and (2) and corresponding Administrative Support Manual 352.44a and b. I . Capacity of requester (e.g., process server, attorney, party representing himself): ATTORNEY 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se - except a corporation acting pro se must cite statute): 3. T 1}e names of all known parties to the litigation: BARCLAYS BANK DELAWARE v. PATRICIA L SCHMIDT 4. The court in which the case has been or will be heard: PROTHONOTARY The docket or ether identifying number if one has been issued: 10-5617 CIVIL, TERM 6. The capacity in which this individual is to be served (e.g. defendant or witness): DEFENDANT WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR. BOXIIOL:DER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION L'1='lTfI ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO 510,000.00 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF Nth I' MORt THAN 5 'i FARS, OR FROTH (TITLE I 8 I~.S.C. SEC-1110,N? 1,000. I certify that the above information is true and that the address information is needed and will be used soleiv for service of legal process in connection with actual or prospective litigation. Signature DAVID J APOTIIAKEIL ESQ d 0 0 0 520 Fellowship Road 0306 Mount Laurel, NJ 08054 FOR POST OFFICE USE ONLY IF PO BOX - PROVIDE STREET ADDRESS No Change of Address Order on File Not Known at Address Given Moved ],eft no Forwardin- Address No Such Address NEW ADDRESS or BOXIIOLDER'S POS NAME and STREET ADDRESS c )z BARCLAYS BANK DELAWARE 125 S WEST STREET WILMINGTON, DE 19801 Plaintiff, vs. PATRICIA L SCHMIDT 545 APPALACHIAN AVE MECHANICSBURG, PA 17055-5506 Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5617 CIVIL TERM Civil Action ORDER FOR ALTERNATE SERVICE OF PROCESS AND NOW, this day of tGtr_®l?i, 2010 it is ORDERED that plaintiff's Petition for Alternative Service of Process, pursuant to Pa.R.C.P. 430 (a) and Pa.R.C.P. 410(c)(2) is Granted/Denied, permitting service by Posting the Complaint on the most public part of the property located at 545 APPALACHIAN AVE MECHANICSBURG, PA 17055-5506 and by serving it by certified and regular mail at 545 APPALACHIAN AVE MECHANICSBURG, PA 17055-5506. BY COURT: J. oy m-?AEct 1 k/7/ IC> A kL- -? c a .-n -- a -" mF Fri -11 c-) -0 rn CQ -,• --1 Q C:) -n C) Cz co C)n C)!?I Our File No.: 265699 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff BARCLAYS BANK DELAWARE Plaintiff, VS. PATRICIA L SCHMIDT Defendant. OF 4A RO OFF 1018DEC 864TARY CAMBER 9 AN 9:54 PE'V S Y ? A NIAlqN T Y COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 10-5617 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT - CIVIL ACTION TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above captioned Civil Action for an additional thirty (30) days. APOTHAKER P.C. A Law Firm E g d in t Collection BY: David J. Apothaker, Esquire Dated: 12/17/2010 () ? j0 00 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Barclays Bank Delaware vs. Patrica L. Schmidt I- L F_ 19 f,H FIMBtL far. Case Number 2010-5617 SHERIFF'S RETURN OF SERVICE 01/12/2011 10:03 AM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on Januan] 12, 2011 at 1003 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Patricia L. Schmidt, pursuant to order of court by posting the premises located at 545 Appalachian Avenue, Mechanicsburg, Cumberland County, Pennsylvania 1705 with a true and correct copy according to law. ! S W G SH4LLU , TY S HERIFF COST: $43.00 January 14, 2011 SO ANSWERS, RONN R ANDERSON, SHERIFF BARCLAY'S BANK DELAWARE, Plaintiff V. PATRICIA SCHMIDT, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 10-5617- CIVIL TERM Civil Action - Law `_- NOTICE TO PLEAD -O:r mm rqF To: Barclay's Bank Delaware ?r La c/o David J. Apothaker, Esquire Apothaker and Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 N You are hereby notified to plead to the enclosed Preliminary Objections within twenty (20) days from the date of service hereof or a default judgment may be entered against you. Date: f 2i? -l/ Re?pecjully Sub itted, M ael J. Pykosh, Esquire I. D. # 58851 2132 Market Street Camp Hill, Pennsylvania 17011 Attorney for Defendant, Patricia Schmidt Michael J. Pykosh, Esquire I D # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 movkosha-dplQlaw.com Attorney for Defendant BARCLAY'S BANK DELAWARE, : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No: 10-5617- CIVIL TERM PATRICIA SCHMIDT, Civil Action - Law Defendant DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Patricia Schmidt, by and through her attorneys Dethlefs-Pykosh Law Group, LLC, by Michael J. Pykosh, Esquire, who files her Preliminary Objections to the Plaintiff's Complaint, and avers as follows: Plaintiff filed suit against Defendant alleging that Defendant owes money to Plaintiff arising out of an account issued by Barclay's Bank Delaware of which Plaintiff Claims to be the Original Creditor. Comp. ¶ 1 and 3. 2. The Complaint was filed on August 30, 2010. First Preliminary Objection- Pa. R.C.P. 1028(a)(2)- Failure to conform to rule of court (failure to state whether agreements is oral or written, state its terms, and/or attach written contract upon which the claim is based) 3. The Complaint avers the existence of some type of contract between the parties, referred to as the "account." 4. Pursuant to Pa. R.C.P. 1019(h), where a claim asserted is based upon an agreement, the pleading must state whether the agreement is oral or written. 5. The Complaint does not indicate whether the agreement is oral or written. 6. Pursuant to Pa. R.C.P. 1019(i), if the agreement is written, it must be attached to the pleading or, if not, the pleader must explain its absence and set forth the substance of the agreement. More specifically, Plaintiff has failed to attach the original Loan/Credit Agreement signed and dated, including both original and amended terms and conditions applicable to the credit card agreement. Asset Acceptance, LLC v Margaret Madden Order dated March 18, 2009, No. 2912 of 2008 GD (Fayette County 2009) citing Atlantic Credit & Finance, Inc. v Guiliana, 829 A.2d 340 (Pa. Super. 2003). Plaintiff has also failed to attach "other periodic mailings detailing changes to the terms of the contract Remit Corporation v Miller, 5 Pa. D&C 5th 43, 45 (Centre Cty., 2008) 7. The Plaintiff has failed to describe the terms of the agreement, nor has it attached a copy of a written agreement or explained its absence. Second Preliminary Objection- Pa. R.C.P. 1028(a)(2)- Failure to conform to rule of court (Improper Verification) 8. Pa. R.C.P. 1024 required that every Complaint be verified by a Party, unless the party is without sufficient knowledge or information with which to verify, or, alternatively, that the party is outside the jurisdiction of the court and its verification cannot be obtained within the time allowed for pleading. Pa. R.C.P. 1024(c)(1) and (2). 9. The Complaint is verified by counsel of record for the Plaintiff, and not an employee or other agent of the Plaintiff. 10. The Verification does not state that the party was unable to sign it "within the time allowed for pleading," nor the reason why the Verification is not made by a party, as required by Pa. R.C.P. 1024(c). Third Preliminary Objection- Pa. R.C.P. No. 1028(a)(4)- Demurrer 11. The Plaintiff has failed to allege facts sufficient to maintain a cause of action for Breach of Contract. Fourth Preliminary Objection- Pa. R.C.P. No. 1028(a)(3) 12. The Complaint contains only a general assertion of the amount the Plaintiff claims is owed by the Defendant. It provided no detail as to the date(s) on which the debts were incurred, the amounts incurred on each date, the dates or amounts of payments, nor dates of accrual and amounts of interest charges and other fees. 13. Pa. R.C.P. No. 1019 and Pa. R.C.P. 1028(a)(3) require that the above detail be included in a Complaint of this type. 14. By not including the requisite detail of the account, the Complaint fails to conform to an express rule of Court. WHEREFORE, the Defendant respectfully requests that her Preliminary Objections be sustained, and that Plaintiff's Complaint be dismissed with prejudice. Date: I. D. # 58851 2132 Market Street Camp Hill, Pennsylvania 17011 (717)975-9446 Respectfully Submitted Michael J. P s quire , Es BARCLAY'S BANK DELAWARE, : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. PATRICIA SCHMIDT, Defendant No: 10-5617- CIVIL TERM Civil Action - Law CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendant, Patricia Schmidt's, Preliminary Objections to Plaintiffs Complaint, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Barclay's Bank Delaware c/o David J. Apothaker, Esquire Apothaker and Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Date: Respectfully Sub ed, Michael J. P'yk6sr-,-Esquire I. D. # 58851 2132 Market Street Camp Hill, Pennsylvania 17011 Attorney for Defendant VERIFICATION I, Patricia Schmidt, hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my personal knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: O-L I Patricia Schmidt Our File No.: 265699 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff I t ? F BARCLAYS BANK DELAWARE 125 S WEST STREET WILMINGTON, DE 19801 Plaintiff, vs. PATRICIA L SCHMIDT 545 APPALACHIAN AVE MECHANICSBURG, PA 17055-5506 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 10-5617 CIVIL TERM 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 attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 8. Defendant, in return, promised to timely pay the principal balance accumulated plus interest, fees and penalties where applicable. 9. Defendant's use of the Account in the manner described above constituted acceptance of the terms of the Agreement. 10. Defendant defaulted under the terms of the Agreement by failing and refusing to make timely payments on the Account, although demand was made for same. 11. The Account was opened on or about September 14, 2007. 12. The last payment on the Account was recorded on or about January 26, 2009. 13. The Account was charged off on or about September 29, 2009 with an outstanding balance of $3,503.08. 14. The attached credit card statements include a statement evidencing the charge-off balance for the Account. 15. Plaintiff has suffered monetary damages in the amount of $3,503.08. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $3,503.08 and requests this Court award costs to the extent permitted by applicable law. SECOND COUNT - QUANTUM MERUIT The averments contained in the First Count of Plaintiffs Amended Complaint are incorporated as though fully set forth herein: 16. Defendant opened an account with JUNIPER BANK / BARCLAYS BANK DELAWARE, account number ending in 1299. 17. Defendant used, accepted and benefitted from the Account to Plaintiffs detriment. 18. Defendant was aware that Plaintiff provided these benefits and expected to be paid in return. 19. Under the circumstances, it is inequitable for defendant to retain the benefits of use of the Account without payment of value. 20. Plaintiff has suffered monetary damages in the amount of $3,503.08. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $3,503.08 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney I Plaintiff A Law Firm EnRa2eQ in Debt Collection BY: B nramin ). f?allaro, Esquire Dated: February 25, 2011 VERIFICATION I, Benjamin J. Cavallaro, Esquire, hereby verify subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities that I am counsel for Plaintiff in this action, that I make this Verification based upon the facts as supplied to me by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the court, and that the facts set forth in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Enizaaesdn Debt Collection BY: Esquire Date: February 25, 2011 Defendant's Name: PATRICIA L SCHMIDT Account Number: ending in 1299 Our File No.: 265699 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff BARCLAYS BANK DELAWARE 125 S WEST STREET WILMINGTON, DE 19801 Plaintiff, VS. PATRICIA L SCHMIDT 545 APPALACHIAN AVE MECHANICSBURG, PA 17055-5506 Defendant. Civil Action CERTIFICATION OF SERVICE I, Benjamin J. Cavallaro, Esquire, attorney for Plaintiff, certify that on February 25, 2011, I mailed a copy of Plaintiff's Amended Complaint by Regular mail to: MICHAEL J. PYKOSH, ESQUIRE 2132 MARKET STREET CAMP HILL, PA 17011 APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engage Debt Collection BY: COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 10-5617 CIVIL TERM Esquire Dated: February 25, 2011 Q V t [V V 4) 1 L n N N M H, c O c0 V fl Q w ? o a c n N kA N O fV C CL Q 7 H Customer Mews IMPORTANT ACCOUNT INFORMATION We want to help you bring your post due account up-to-date. Pieasecall 1-888-232 today to tlpeak to an account manaW about our many different pgayifetit program options. YOUR ACCOUNT BALANCE HAS EXcui Yom Cittw Lm In order to avoid add Tal over wit fees, make sure yow out%Wding balance Is below your credit Ike within 20 dayi of this stattikent closing ". This or futtme defatAts may resttlt in a change in your account terms. Vick our webslte or call 1-866-283-6635 to schedule a payment to reduce your balance. Visit www.juniper.com today. We may report rmation about your account to credit bureaus. Late payments, missed payments, or other defaults an your account may be reflected in your credit report Pent C01n Make payments online at www. .com ? Check for address change. Complete form on the back. MasterCard® Statement Primary Account Number Ending in: 1299 Statement Closing Date: June 08, 2009 Account Summary Page 1 of 2 www.juniper.com Payment Due Date July 03, 2009 Previous Balance $2,936.42 i itu n PaymafYWe $3WO9 payments $0.00 Credit Line $0.00 Credits $0.00 Credit Avail" $0.00 Purchases + $0.00 Over Credit Line Amount $583.30 Balance Transfers/Checks + $0.00 Cash Credit Line $0;00 Cash Advances + X00 Cash Credit Available $0.00 Service Charges + $78.00 Past Due ATneunt $290:24 Flow ce ChwW + sR: Current Balance = $3,083.30 Transaction Activity for PATRICIA L SCHMIDT - card ending In 1299 SERVICE CHARGES Trans Date Posting Date Transaction Description Amount 06/02 06/02 LATE PAYMENT $3900 06/08 06/08 OVERLIMIT FEE JUN 08, 2009 $39.00 renooIC Irate rinance charge Summary Corresponding ANNUAL Periodic Rate Average Daily Periodic PERCENTAGE FINANCE Balance Rate RATE (APR) CHARGE Purchases $2,961.41 0.0746% 27.24% $68.49 Balance Transfers/Checks $16.92 0.0746% 27.24% $0.39 Cash Advance $0.00 0.0746% 27.24% $0.00 Effective ANNUAL PERCENTAGE RATE: 27.24% The effective APR represents your total finance charges - kxkdrg transaction fees such as cash advances and bala nce transfer lees - expressed as a percentage. Daily Periodic Rate(s) and corresponding information section of this statement. ANNUAL PERCENTAGE RATE(S) may very. Please read the important Amount Enclosed: Account Number XXXX-XXXX-XXXX-1299 Minimum Payment Due $390.09 Current Balance $3,083.30 Payment Due Date July 03 2009 Detach here. Please make checks payable to Card Services and send this payment coupon in the enclosed envelope. Please allow 7 days for the U.S. Postal Service to deliver your payment. lutllltitrra11111trrrtalltalltarllrttllrltnlullaltttlultl I Card Services P.O. Box 13337 Philadelphia, PA 19101-3337 PATRICIA L SCHMIDT 545 APPALACHIAN AVE MECHANICSBURG PA 17055-5506 Please write your erMire 164dW *WAX" raariber on this coupon and mall il with your chock to ensure the accurate proceasig of your pa"". ? ? ? ? ? ? ? ? ? 0 0 0 Payment Due Date July 03, 2009 Minimum Payment Due $390.09 Previous Balance $2,936.42 Current Balance $3,083.30 r i?h?l?s IMPORTANT ACCOUNT INFORMATION We want to help you bring yew past due atccourit up-to-date. Please calf 1-888-233-070 today to spec to an account manager about our marry dtfferern payment pralgrarn options. YOUR ACCOUNT BALANCE HAS EXCEEDED YOUR CREDIT LINE In order to avoid addMonal over limit fees, make sure your outstanding balance is below your credit line within 20 days of this statement dosing date. This or future defaults may result' a change in your account terms. VW'bur webtfte or call 1-866-293-6635 to scfiedtde a payment to reduce your balance. Vlsit www.juniper.com today. We may report irtformpticin about your account to credit btu. Late payments, missed payments, or other defauks on your acoxvt may be reflected in your credit report. MasterCard® Statement Primary Account Number Ending in: 1299 Statement Closing Date: July 08, 2009 Page 1 of 2 www.juniper.com Account Payment Due Date August 02, I009 Previous Balance $3,08330 Minimunn Payeht#nt'Due $49t,10'` Payments $0.00 Credit Line $0.00 Credits $0.00 Credit Avallsble $0.00 Purchases + $0:00 Over Credit Line Amount $731.23 Balance Transfers/Checks + $0.00 Cash Credit Line $O)DO Cash Advances + $0.00 Cash Credit Available $0.00 Service Charges + $78.00 Past Duce Amount $390.09 Finance Charges + $69.49 Current Balance = $3,231.23 Transaction Activity for PATRICIA L SCHMIDT - card endina In 1299 SERVICE CHARGES Trans Date Posting Date Transaction Description Amount 07/03 07/03 LATE PAYMENT $39,00 07/08 07/08 OVERLIMIT FEE JUL 08, 2009 $39,00 Periodic Rate Finance Charge Summary Corresponding ANNUAL Periodic Rate Average Daily Periodic PERCENTAGE FINANCE Balance Rate RATE (APR) CHARGE Purchases $3,107.38 0.0746% 27.24% $69.54 Balance Transfers/Checks $17.31 0.0746% 27.24% $0.39 Cash Advance $0.00 0.0746% 27.24% $0.00 Effective ANNUAL PERCENTAGE RATE: 27.24% The effective AN represents your total inane charges - including transaction fees such as cash advances and balance transfer fees - expressed as a percentage Daily Periodic Rate(s) and corresponding ANNUAL PERCENTAGE RATE(S) may vary . Please read the Important Information section of this statement. o? Payt Coffin Make payments online at www.juniper.com Check for address change. Compiette'form on the back. Amount Enclosed: $ Account Number XXXX-XXXX-XXXX-1299 Minimum Payment Due $492.02 Current Balance $3.231.23 Payment Due Date August 02, 2009 Detach here. Please make checks payable to Card Services and send this payment coupon in the enclosed envelope. Please allow 7 days for the U.S. Postal Service to deliver your payment. Card Services P.O. Box 13337 Philadelphia, PA 19101-3337 PATRICIA L SCHMIDT 545 APPALACHIAN AVE MECHANICSBURG PA 17055-5506 Please write your entire 16-d'gh accorrR rarnber on this capon and mat d with your deck to arsure the accurate proceas4g of your payment. F1 ? ? n ? 0 ? ? El ? ? ? ? F1 ? ? Payment Due Date August 02, 2009 Minimum Payment Due $492.02 Previous Balance $3,083.30 Current Balance $3,231.23 CnskMmor ilvs IMPORT-ART ACCOUNT INFORMATION Your delinquent account Is scheduled to be sent to aura lion agency for further actim. But ft's riot t6o lase to avow account chwV oft Pfeaae call 1-888-232-0780 today to discuss our many dffferent payment options. YOUR ACCOUNT BALANCE HAS EXEC YOUR CREDIT LINE In order to amid additional ovw limit fees, make sure your owound sg balance is below your credit fine within 20 days of this stateril closing date. This or future defatdts may result-#t a min your account terms, t bw * bsite or call 1-866-263-663540 scht e a Payment to reduce your balance. Visit www.juniW.com today. We may report Information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected In your credit report. MasterCard® Statement Primary Account Number Ending in: 1299 Statement Closing Date: August 10, 2009 Page 1 of 2 www.)uniper.com Account Payment Due Date September 04, 2009 Previous Balance $3,231.23 Minwntbm Payttotitt bue , - $806.76 Payments $Q?p Credit Line $0.00 Credits $0.00 CredItAvaOattie $0.00 Purchases + $d 00: Over Credit Line Amount $889.97 Balance Transfers/Checks + $0.00 Cash Credlit Line $0.00 Cash Advances + $0,00 Cash Credit Available $0.00 Service Charges + $78.00 Past Due Affwwtt $493:02 Finance Gasarges + $80.74 Current Balance $3,389.97 1 ransaction Activity for PATRICIA L SCHMIDT - card ending in 1299 SERVICE CHARGES Trans Date Posting Date Transaction Description Amount 08/03 08/03 LATE PAYMENT $39.00 08/10 08/10 OVERLIMIT FEE AUG 10, 2009 $39.00 Periodic Rate Finance Charge Summary Corresponding ANNUAL Periodic Rate Average Daily Periodic PERCENTAGE FINANCE Balance Rate RATE (APR) CHARGE Purchases $3,261.84 0.0746% 27.24% $80.30 Balance Transfers/Checks $1733 0.0746% 27.24% $0.44 Cash Advance $0.00 0.0746% 27.24% $0.00 Effective ANNUAL PERCENTAGE RATE: 27.24% The effective APR represents your total tlniince charges - Irckding transaction fees such as cash advances and balance trans, fees - expressed as a percentage. Daly Periodic Rate(s) and corresponding ANNUAL PERCENTAGE RATE(S) may vary. Please read the important information section of this statement. llama Con Make payments online at www.juntW.com ? Check for address change. Co"Oete form on the back. Amount Enclosed: r$ Account Number Number XXXX-XXXXX-XXXX-1299 _Minimum Payment Due $606,76 Current Balance $3,389.97 Payment Due Date September 04, 2009 Detach here. Please make checks payable to Card Services and send this payment coupon in the enclosed envelope. Please allow 7 days for the U.S. Postal Service to deliver your payment. Ilrrlllrltraltlliltarrrtlltrllrrrllrrrllrlrrlirrlirltrtltrltl I Card Services P.O. Box 13337 Philadelphia, PA 19101-3337 PATRICIA L SCHMIDT 545 APPALACHIAN AVE MECHANICSBURG PA 17055-5506 Please write your entire 18-digd account saber on Mtia coupon and mall a with you chant to ensure the accurate pmeeaaig of your payment. ???????????????? Payment Due Date September 04, 2009 Minimum Payment Due $606.76 Previous Balance $3,231.23 Current Balance $3,389.97 CusiomerNerws IMPORTANT NOTIGE OF CHANW 10 YOUR Aft s Due to a recer*Iake0.ment -TetiatnW paymeMtytl bad sul}Nosting your credl [, we fn mkong the Annual ParclattW'iti* (AM) on your a ountto the 501c" Penalty APR(s). The increase wd i be efft}cthre the first day of thrrtleig cycle after 10/23/M. The variable APR for aft new and ottf lding pwthases, baiat sfersarWtonv+ 0Wce. Chicks wiU novi l Wt l 3014hs; corresponding dally l iodic rme of .0828%), which is,d*prirr a rate plus a margin of 26.99 The viable ApR for all new and outstar?tEifng Cash Advanto *0 now "oat 30.24% (a corresp ig daily todit rate of .0830, whith4sViie prime rate ptus a margin of 26;99%. ft may keep the APRs at,this level Indefinitely. If you do-nvtwtsh to accept these changes, you may call us toil free at 1 48-232-0780 to reject The changes, if you have contacted us on or before 12/07/2009, then the changes wilinot be applied, your accouint dl'be doses (angisib fix her Purchases cafttw' yiader9fap?), and you WWJW requked1o pay&ITany atmt ngfaiance, let accoMence vvith the terms of your Car+dmemfer Agreement (as may be amended), i me"t Coffin +Make payments online at wwwjwiper.ctmt E3Check for address change. Complete form on the back. MasterCard® Statement Primary Account Number Ending in: 1299 Statement Closing Date: September 08, 2009 Page 1 of 2 www.juniper.com Account Payment Due Date October 03, 2009 Previous Balance $3,389.97 Mtnhaw Paymoli tDue $715.87 Payments' $0:00 Credit Line $0.00 Credits $0.00 Credit Available $0.00 Purchases + $0.00 Over Credit Line Amount $1,003.08 Balance Transfers/Checks + $0.00 Cash Credit Line $0.00 Cash Advances + $0;00 Cash Credit Available $0.00 Service Charges + $39.00 Past Due Amount $006 Fhance Charges + $74.11 Current Balance = $3,503.08 Transaction Activity for PATRICIA L SCHMIDT - card ending in 1299 SERVICE CHARGES Trans Date Posting Date Transaction Description Amount 09/08 09/08 OVERLIMIT FEE SEP 08, 2009 $39.00 Periodic Rate Finance Charge Summary Corresponding ANNUAL Periodic Rate Average Daily Periodic PERCENTAGE FINANCE Balance Rate RATE (APR) CHARGE Purchases $3,407.46 0.0746% 27.24% $73.72 Balance Transfers/Checks $18.14 0.0746% 27.24% $0.39 Cash Advance $0.00 0.0746% 27.24% $0.00 Effective ANNUAL PERCENTAGE RATE: 27.24% -1 The effective APR represents your total finance charges - lrxkding transaction flees such as cash advances and balance transfer fees - expressed as a percentage oaiy Periodic Rate(s) and corresponding information section of this statement. ANNUAL PERCENTAGE RATE(S) may vary. Please read the Important -a,- Amount Enclosed: 1$ Account Number XXXX-XXXX-XXXX-1299 Minimum Payment Due $715.87 Current Balance $3,503.08 Payment Due Date October 03, 2009 Detach here. Please make checks payable to Card Services and send this payment coupon in the enclosed envelope. Please allow 7 days for the U.S. Postal Service to deliver your payment. itttinritttttuilttrtttnrrntttnlttutitttietlitittritaiti i Card Services P.O. Box 13337 Philadelphia, PA 19101-3337 PATRICIA L SCHMIDT 545 APPALACHIAN AVE MECHANICSBURG PA 17055-5506 Please write your entire 16-digit account number on this coupon all mall It with your check to erau a the accurate processing of your payment. ???????????????? Payment Due Date October 03, 2009 Minimum Payment Due $715.87 Previous Balance $3,389.97 Current Balance $3,503.08 Pricing Supplement to the Cardmember Agreement The information provided below in this Pricing Supplement, along with the Cardmember Agreement(s) and the Addendum to the Cardmember Agreement (as applicable) reflects certain account pricing and terms that were available to certain applicants that applied for and were approved for certain credit card accounts on the last business day of the calendar quarter that ended on 1213112009. These account terms may not be available after that date. These documents are being provided to you for informational purposes only. If you apply and are approved for a credit card account with us, your actual account terms will be based on the terms of the offer available at the time that you applied, what you are approved for and your actual Cardmember Agreement will be the agreement sent to you when your account is first opened. Interest Rates and Interest Charges Annual Percentage 3.74% to 22.99% APR. This is a variable rate that equals the Prime Rate plus Rate (APR) for a margin from 0.49% to 19.74%, (this corresponds to a current DPR of Purchases 0.0102% - 0.0630%) (this corresponds to a current MPR of 0.3117% - 1.9158% for residents of Iowa at the time of account opening (if applicable)). APR for Balance 3.74% to 22.99% APR. This is a variable rate that equals the Prime Rate plus Transfers a margin from 0.49% to 19.74%, (this corresponds to a current DPR of 0.0102% - 0.0630% (this corresponds to a current MPR of 0.3117% - 1.9158% for residents of Iowa at the time of account opening (if applicable)). APR for Cash 14.99% to 23.24% APR. This is a variable rate that equals the Prime Rate Advances plus a margin from 11.74% to 19.99%, (this corresponds to a current DPR of 0.0411% - 0.0637%) (this corresponds to a current MPR of 1.2492% - 1.9367% for residents of Iowa at the time of account opening (if applicable)). Penalty APR and Up to 30.24%, based on your creditworthiness. This is a variable rate that When it Applies equals the Prime Rate plus a margin from 0% to up to 26.99% (this corresponds to a current DPR of 0.0000% - 0.0828%) (this corresponds to a current MPR of 0.0000% - 2.5200% for residents of Iowa at the time of account opening (if applicable)). This APR may be applied to your account if you: 1. Make a late payment; 2. Go over your credit limit; 3. Make a payment that is returned; or 4. Do any of the above on another account you have with us. How Long Will the Penalty APR Apply? If your APRs are increased for any of these reasons, the Penalty APR will no longer apply to existing balances if you make the next 6 consecutive payments when due. The Penalty APR will apply to other balances indefinitely. Paying Interest Your due date is at least 23 days after the close of each billing cycle. We will not charge you interest on purchases if you pay your entire balance by the due date each month. We will begin charging interest on balance transfers, checks and cash advances on the transaction date. Minimum Interest If you are charged interest, the charge will be no less than $2.00 ($0.50 for Charge residents of Iowa at the time of account opening). Fees Annual Fee $0 to $495 $0 to $195 for each authorized user Transaction Fees: • Balance Either $0 -10 or 0 - 4% of the amount of each transfer whichever is greater Transfer , . We may from time to time offer you lower Transaction Fees on Balance Transfers and Checks. • Cash Advance Either $0 - $10 or 0 - 4% of the amount of each cash advance whichever is , greater. • The purchase of Either $0 - $10 or 0 - 4% of the amount of each transaction whichever is a money order, , greater. travelers' check, foreign currency, lottery ticket, gambling chips, or wire transfer is a cash advance • Foreign 0 - 3% of each transaction in U.S. dollars. Transaction Penalty Fees: • Late Payment $0 - 39.95 depending upon the state that you live in at the time of account opening and in some cases depending upon the balance on the account on the day the fee is assessed. • Over-the-Credit- $0 - 39 Line • Returned $0 - 39.95 depending upon the state that you live in at the time of account Payment opening. Additional Check Related Fees 0 Check Stop $0 - 39.95 depending upon the state that you live in at the time of account Payment Fee • Returned Check Fee opening. $0 - 50 depending upon the state that you live in at the time of account opening. Variable Rate Information. The following applies to any APR on your Account that varies with the market based on the Prime Rate. The APRs on your Account correspond to a Daily Periodic Rate ("DPR") or a Monthly Periodic Rate ("MPR") which is applicable only to residents of Iowa at the time of Account opening. The applicable DPRs/MPRs on your Account equal 1/365th (or 1/12`h for residents of Iowa at the time of Account opening) of the sum of 1) the applicable Prime Rate, 2) plus the margin(s) listed above for each Purchase, Balance Transfer, or Cash Advance balance or the margin listed above if a Penalty APR applies. The "Prime Rate" used in determining the APRs in each billing cycle will be the highest rate published in the Money Rates column of The Wall Street Journal on the last business day of each month. An increase or decrease in the Prime Rate will cause a corresponding increase or decrease to your variable rates on the first day of the billing cycle that begins in the same month in which the applicable Prime Rate is published. There is no limitation on the amount of any increase. Any such increase or decrease will cause a corresponding increase or decrease in the amount of interest assessed and possibly in the amount of the Minimum Payment Due. If The Wall Street Journal does not publish the U.S. Prime Rate, or if it changes the definition of the U.S. Prime Rate, we may substitute another index. As of 12/31/2009 the Prime Rate was 3.25%. How the Penalty APR may apply to your Account. The APRs on your Account may be increased each time, on this Account or any other account you may have with us, if you fail to make a payment to us when due, you fail to pay at least the minimum payment due, you exceed your credit line, or you make a payment that is not honored by your bank (each, a "Penalty Event"). If we increase the APRs on your Account, we will notify you in advance of the increase. The Penalty APR that will be applied to your Account will be determined based on our review of your credit history at the time of our review (including your credit performance with other creditors). Our notice to you will include the effective date of the APR increase and the balances to which the Penalty APR will be applied. If the Penalty APR is applied to your account, it may continue to apply to new transactions indefinitely. However, the Penalty APR will cease to apply to transactions made before the penalty rate notice was sent if, after the Penalty APR goes into effect, you make the next six consecutive minimum payments in a row when due. If you do not make these six consecutive minimum payments, the Penalty APR may continue to apply to new and existing transactions indefinitely. How We Will Calculate Your Balance: We use a method called "daily balance (including new purchases)". To determine the amount of the interest to be charged on your Account we first calculate the "Balance Subject to Interest Rate" separately for Purchases, for Balance Transfers, and for Cash Advances. We apply the applicable DPR to each of the applicable daily balances for i) Purchases, ii) Balance Transfers and iii) Cash Advances. The daily balances for Purchases, for Balance Transfers and for Cash Advances are each calculated separately and determined as follows: We take the beginning balances for each transaction type on your Account each day, including any interest calculated on the previous day's balance, add to the respective balances any new transaction, subtract any payments or credits and make any other applicable adjustment(s). This Agreement provides for compounding of interest. A credit balance is treated as a balance of zero. If you multiply the "Balance Subject to Interest Rate" for each balance category as shown on your monthly billing statement by the number of days in the billing period and then multiply each sum by the applicable DPRs, the results will be the interest assessed, except for minor variations caused by rounding. We may from time to time offer you "introductory," "special" or "promotional" APR offers. If any are in effect on your Account we will separately identify the balances to which such offers apply on your monthly billing statement. These separate balances and the related interest will be calculated in the same manner as described above. How We Will Calculate Your Balance (For Residents of Iowa at the Time of Account Opening) We use a method called "average daily balance (including new purchases)". To determine the amount of the interest to be charged on your Account we first calculate the "Balance Subject to Interest Rate" separately for Purchases, for Balance Transfers, and for Cash Advances. We apply the applicable Monthly Periodic Rate to the average daily balances of i) Purchases, ii) Balance Transfers, and iii) Cash Advances. The average daily balances for Purchases, for Balance Transfers, and for Cash Advances are calculated separately and determined as follows: We take the beginning balances for each balance category on your Account each day, add to the respective balances any new transaction, subtract any payments or credits and make any other applicable adjustment(s). A credit balance is treated as a balance of zero. Then we take the sum of all daily balances and divide by the number of days in the billing period to determine the average daily balance. If you multiply the "Balance Subject to Interest Rate" for each balance category as disclosed on your monthly billing statement by the applicable MPRs, the results will be the interest assessed, except for minor variations caused by rounding. We may from time to time offer you "introductory," "special" or "promotional" APR offers. If any are in effect on your Account we will separately identify the balances to which such offers apply on your monthly billing statement. These separate balances and the related interest will be calculated in the same manner as described above. Accrual of Interest and How to Avoid Paying Interest on Purchases On Purchases, interest begins to accrue as of the transaction date. However, you may avoid paying interest on Purchases in any given billing cycle if you pay your Current Balance in full by the Payment Due Date each month. For Balance Transfers, interest will accrue from the day we send the Balance Transfer to the payee. For Checks, interest will accrue on the day the payee accepts the Check. For Cash Advances, interest will accrue from the day you take the Cash Advance. The amount of the Minimum Interest Charge (or "Minimum Charge") that will be assessed on your Account in any billing cycle in which you owe interest is disclosed in the Account Summary Table. Your Cardmember Agreement with Us This document is our standard form credit card agreement in effect on the last business day of the previous calendar quarter that ended on 12/31/2009 and has been supplemented with pricing information included in the document(s) titled "Pricing Supplement" and other terms and/or features that may vary between the different types of credit card accounts that we offer as reflected in the "Addendum to the Cardmember Agreement". These documents are provided to you for informational purposes only. These account terms may not be available after the above date. If you apply and are approved for a credit card account with us, your actual account terms will be based on the terms of the offer available at the time that you applied and your Cardmember Agreement will be the agreement sent to you when your account is first opened. Introduction. This Agreement establishes the terms of your credit card account ("Account') with Barclays Bank Delaware, Wilmington, Delaware. Please read it carefully and keep it with your records. You do not need to sign this Agreement, but please sign the back of your credit card (the "Card"), if you have not already done so. All extensions of credit in connection with your Account are being made by Barclays Bank Delaware. You do not need to accept the Account and this Agreement and none of the fees on this Account will apply unless you use the Account. Definitions. If we use a capitalized term in this document but we do not define the term in this document, the term has the meaning as used in your monthly statement. "Agreement" means this document, the Pricing Supplement (the "Supplement") and the Addendum to the Cardmember Agreement (the "Addendum") document and any changes we make to these documents from time to time. "Authorized User" means any person you allow to use your Account including without limitation through a Card, Check, the account number, or other credit device. "Balance Transfer' means the use of your Account for a loan obtained by a transfer of funds initiated by us at your request and includes the use of a Balance Transfer Check. "Balance Transfer" includes the Transaction Fees associated with any Balance Transfer. "Cash Advance" means the use of your Card or account number to obtain cash loans at any financial institution or automated teller machine that accepts the Card, the use of a Cash Advance Check or the purchase of Cash Equivalents. "Cash Advance" includes the Transaction Fees associated with any Cash Advance or any Cash Equivalent. "Cash Equivalent" means the use of your Card or account number to obtain money orders, traveler's checks, foreign currency, lottery tickets, gambling chips or wire transfers. Cash Equivalents and the Transaction Fees associated with any Cash Equivalent are considered Cash Advances for interest calculation purposes. "Check" or "Convenience Check" means an access check we provide to you to make a Cash Advance or a Balance Transfer as applicable on your Account. A Check can be either a Balance Transfer Check or a Cash Advance Check and will be designated as such by us. "Daily Periodic Rate" or "DPR" means the applicable APR divided by 365. "Foreign Transaction" means the use of your Card or Account (other than through a Cash Advance) for a transaction with a business or entity located outside of the United States or for a transaction in a currency other than U.S. dollars. Foreign Transactions and the Transaction Fees associated with any Foreign Transaction are considered Purchases for interest calculation purposes. "Monthly Periodic Rate" or "MPR" means the applicable APR divided by 12. "Purchase" means the use of your Card or account number to buy or lease goods or services and to make a transaction that is not otherwise a Balance Transfer or a Cash Advance. Purchases include Foreign Transactions, Account Fees and any adjustments associated with any Purchase. "You" and "your" refer to each person who has applied for, accepted, or used the Account and each person who has agreed to be responsible for the Account. "We," "us" and "our" refer to Barclays Bank Delaware. Using Your Account/Acceptance of These Terms. By signing, keeping or using your Card or Account, you agree to the terms and conditions of this Agreement. You may obtain credit in the form of Purchases, Balance Transfers and Cash Advances by using your Card, your account number, Checks, or other credit devices. You agree that we may credit your Account rather than issue cash refunds when you reverse transactions that were originally charged to your Account. You agree that you will not use your Card or Account in connection with any transaction that is prohibited or unenforceable and that if you do engage in such a transaction you waive any claim that the charge is uncollectible on the grounds the transaction was prohibited or unenforceable. The Card must be returned to us upon request. We may replace your Card with another Card at anytime. Obligations on Your Account. You authorize us to pay and charge your Account for all Purchases, Balance Transfers, Checks, and Cash Advances made or obtained by you or anyone you authorize to use your Card or Account. You agree to pay us for all of these Purchases, Balance Transfers, Checks, and Cash Advances, plus any interest assessed on your Account and any other charges and fees which you may owe under the terms of this Agreement, whether resulting from 1) physical use of your Card or a Check, 2) mail order or telephone, computer or other electronic transaction made without presenting the Card, or 3) any other circumstances where you authorize a charge, or authorize someone else to make a charge, to your Account. Each person who has agreed to be responsible on the Account is responsible to pay the full amount owed on the Account. If this is a joint Account, we can send statements and notices to either of you. We may require that you pay the full amount owed without first asking any other person(s) to pay. Instructions for making payments are on your monthly billing statement. Payments that comply with the requirements specified on or with your monthly billing statement, including the time of receipt, will be credited on the business day they are received. Payments must be mailed to the correct P.O. Box or street address specified for U.S. Priority Mail and overnight payments. There may be a delay of up to five (5) days in crediting payments that are not made in accordance with those instructions. Please allow at least seven (7) days for the U.S. Postal Service to deliver your payment. All payments must be made in U.S. dollars. Any payment made by check or other negotiable instrument or direct debit must be drawn on a U.S. bank or a U.S. branch of a foreign bank. We reserve the right to accept payments made in a foreign currency. If we do, we will select the foreign currency rate at our discretion. Your available credit may not be immediately increased by the amount of the payment for up to seven (7) days to ensure we collect the funds from the bank on which your payment is drawn. If you overpay or if there is a credit balance on your Account, we will not pay interest on such amounts. Credit Line/Authorized Usage. Your credit line is shown on the folder containing your Card. We may change your credit line from time to time either increase or decrease it-in our sole discretion. If at any time (including in the first month after your Account is opened) you engage in account actions or activity that we perceive could have a negative impact on your credit standing with us, we may decrease your credit line or close your Account. Your latest credit line will appear on your monthly billing statement. You agree not to make a Purchase, authorize a Balance Transfer, use a Check, or obtain a Cash Advance that would cause the unpaid balance of your Account to exceed your credit line. We may honor Purchases, Balance Transfers, Checks and/or Cash Advances in excess of your credit line at our sole discretion. If we do, this Agreement applies to that excess and you agree to pay the excess immediately if we request that you do so. You agree that we may change or cancel your credit line at any time without affecting your obligation to pay amounts that you owe under this Agreement. We may designate that only a portion of your credit line is available for Cash Advances. If we do and you exceed your line, you will be considered to have exceeded your credit line for all purposes of this Agreement. We may limit the auth We will notify you of any change, but the change may take effect before you receive the notice. orizations to make Purchase, Balance Transfer, Check, or Cash Advance transactions that may be accomplished with your Card or Account. If you are approved for an account that does not have a preset spending limit please see the Addendum to the Cardmember Agreement addendum for additional information about your credit line and the usage of your Account. Checks on Your Account. We may issue Checks on your Account in the form of "Balance Transfer Checks" or "Cash Advance Checks," which can be used to access your credit line. Each Check will contain your Account number and may be used only by the person(s) whose name(s) is/are printed on it. Each must be completed and signed in the same manner as a regular personal check. If we provide Checks to you, you may not use them to pay any amount you owe under this Agreement or under any other account you may have with us. Balance Transfer Checks and Cash Advance Checks are subject to the same rate and other terms under this Agreement as Balance Transfers and Cash Advances, respectively. Unless otherwise indicated, all references in this Agreement to Balance Transfers include Balance Transfer Checks, all references to Cash Advances include Cash Advance Checks, and all references to use of the Account include use of these Checks. Unlike purchase transactions, there are no charge back rights with regard to Balance Transfer and Check transactions. Monthly Billing Statements. At the end of each monthly billing cycle a statement will be mailed or delivered to you if your Account has a debit or credit balance of more than $1.00 or if interest or a fee has been imposed. We will not send a monthly billing statement if we deem your Account uncollectible or if delinquency collection proceedings have been instituted by us sending your Account to an outside collection agency or attorney for collection. Your Minimum Payment Each Month. Each billing cycle, you must pay at least the Minimum Payment Due shown on your monthly statement by its Payment Due Date. If the Statement Balance shown on your monthly statement is less than the amount reflected in the Addendum to the Cardmember Agreement, your Minimum Payment Due will be that Statement Balance amount. Otherwise, if your Statement Balance is greater than the applicable disclosed amount, your Minimum Payment Due will be the total of 1) 1 % of the Principal Balance (defined as the total Statement Balance minus interest charges, Returned Payment Fee, and any Late Payment Fee, that are incurred during the current billing cycle), plus 2) interest charges accrued during the current billing cycle, plus 3) any Returned Payment Fee (and if we so elect, any Late Payment Fee), incurred during the current billing cycle, plus 4) if we so elect, any amount past due or amount over your credit line at the time of billing. In certain instances your Minimum Payment Due may be less than your total Fees and Interest assessed in that billing cycle. At any time you may pay more than the Minimum Payment Due up to the full amount you owe us. Transaction Fees. If you use your Card or Account to obtain a Cash Advance, we will charge a Cash Advance Fee for each such Cash Advance. If you use your Card or Account to do a Balance Transfer, we will charge a Balance Transfer Fee for each such Balance Transfer. If you use your Card or Account to purchase Cash Equivalents, we will charge a Cash Advance Fee (sometimes we may refer to this as a Cash Equivalent Fee) for each such transaction. If you use your Card or Account for a Foreign Transaction, we will charge a Foreign Transaction Fee for each such transaction. Balance Transfer Checks and Cash Advance Checks are subject to the same Transaction Fee as Balance Transfers and Cash Advances, respectively. The present amounts of those charges are stated in the Supplement. Account Fees. We may also assess the Account Fees listed below. The current amounts of such Account Fees are stated in the Supplement. Late Payment Fee - If we do not receive a payment from you in at least the amount of your Minimum Payment Due by the Payment Due Date shown on your monthly statement, we may charge you a Late Payment Fee. You may be charged one Late Payment Fee for each Minimum Payment Due which is not paid by the Payment Due Date. Returned Payment Fee - If your bank does not honor a check or direct debit you deliver to us, or we must return a check because it is not signed or is otherwise irregular, we may charge you a Returned Payment Charge. Returned Check Fee - If we return a Check unpaid because it exceeds your available credit line at the time it is processed, your Account is closed or otherwise does not have charge privileges, you did not comply with our instructions regarding the check or your Account is past due, we may charge you a Returned Check Fee. Check Stop Payment Fee - If we stop payment on a Check at your request, we may charge you a Check Stop Payment Fee. Foreign Currency Conversion. For MasterCard Cards, we and MasterCard (or their affiliates) will convert transactions in foreign currencies into U.S. Dollars. MasterCard will use their currency conversion procedures that are current at the time of the transaction. Currently, the currency conversion rate they use is either the wholesale market rate or the government-mandated rate in effect under those procedures increased by one percent. The currency conversion rate used on the conversion date may differ from the rate in effect on the date you used your Card or Account. For Visa Cards, we and Visa (or their affiliates) will convert transactions in foreign currencies into U.S. Dollars. Visa will use its currency conversion procedures that are current at the time of the transaction. Currently, Visa selects a rate from the range of rates available in the wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives, or the government mandated rate in effect for the applicable central processing date. The currency conversion rate used on the conversion date may differ from the rate in effect on the date you used your Card or Account. Authorized Users. You may allow Authorized Users to use your Account. If you allow an Authorized User to use your Account, you will be liable for all transactions made by that person including transactions for which you may not have intended to be liable, even if the amount of those transactions causes your credit limit to be exceeded. You must notify us to revoke your permission to allow an Authorized User to use your Account or Card. Until you revoke your permission, you are responsible for all charges made by an Authorized User, including Balance Transfer Check and Cash Advance Check transactions, regardless of whether you intended to be responsible for those charges. If you request additional Cards for Authorized Users, checks accessing this Account may also be included with the Card. Administrative Charges. If you request photocopies of monthly billing statements, you will be charged $5 for each duplicate requested for each statement requested that is less than 23 months old. If the requested statement is older than 23 months you will be charged $10 for each requested statement. If you request any special services such as obtaining Cards on an expedited basis, you agree to pay our reasonable charges for such services, in effect at that time. Default/Collection Costs. Unless otherwise prohibited by law, your Account will be in default and we may demand immediate payment of the entire amount you owe us if: 1) in any month we do not receive your Minimum Payment Due by the Payment Due Date; 2) you make Purchases, initiate Balance Transfers, use a Check, or obtain Cash Advances in excess of your credit line; 3) you fail to comply with this Agreement; 4) there is a filing for your bankruptcy; 5) you die or become incapacitated; or 6) we believe in good faith that the payment or performance of your obligations under this Agreement is impaired for any other reason. As permitted by applicable law, you agree to pay all collection expenses actually incurred by us in the collection of amounts you owe under this Agreement (including court or arbitration costs and the fees of any collection agency to which we refer your Account) and, in the event we refer your Account after your default to an attorney who is not our regularly salaried employee, you agree to pay the reasonable fees of such attorney. We will not be obligated to honor any attempted use of your Account if a default has occurred or we have determined to terminate your Account or limit your Account privileges (as discussed below). Termination. We may terminate your privileges under this Agreement or limit your right to make Purchases, initiate Balance Transfers, use Checks, or obtain Cash Advances at any time for any reason without prior notice. If we ask, you must return your Cards and any unused Checks to us, cut in half. You agree that you will not try to make a Purchase, use a Check, initiate a Balance Transfer or obtain a Cash Advance after you have been notified that your privilege to use your Account has been terminated. You may terminate this Agreement at any time. If you do, you must return to us all Cards and Checks previously issued on the Account. If you call us, we may require that you confirm your termination in writing. Termination will not affect existing obligations under this Agreement or your liability for all charges posted to your Account prior to the time all Cards and unused Checks issued on your Account are returned to us. Notices to You. Billing statements and notices will be sent to the address shown in our files. If this is a joint Account, we may send billing statements and notices to either of you. You promise to inform us promptly in writing of any change in your e-mail address or your U.S. mail address. You may update this information by visiting the website on the back of your Card and sending us an e-mail or telephoning us at the telephone number provided below on your Card. We may in our discretion accept address corrections from the United States Postal Service. Consent to Receive Electronic Notices. You may receive periodic billing statements and other notices regarding your Account electronically or by U.S. mail. By requesting statements and other notices electronically, which may only be done on our website, and by providing any other legally required consents, you affirmatively consent to receive all periodic billing statements and other notices electronically when legally permissible. Otherwise, statements and notices will be sent to the address shown in our files. If at any time you need a paper copy of statements or notices, or you change your mind and prefer to receive all your statements and notices in paper rather than electronic form, telephone us at the number provided below or visit us at the website on the back of your Card and send us an e-mail. In order to access your statements and notices electronically, you must have a computer equipped with at least a 40-bit JavaScript-enabled Netscape or Microsoft browser at the Version level 4.0 or higher. In order to retain your statements and notices, you must have a printer attached to your computer that can print them out or a drive or other storage device onto which you can download them. By accepting the receipt of electronic statements and other notices, you confirm that you have the software and equipment that satisfies these requirements to enable you to access and retain your statements and notices electronically. Skip Payment Program and Other Special Terms. From time to time, we may let you skip or reduce one or more monthly payments during a year (interest will continue to accrue) or offer you other special features. If we do, we will advise you of the scope and duration of the applicable skip or special feature. When the skip or special feature ends, your regular terms will resume. Changes in This Agreement. We can change this Agreement, including the annual percentage rate and any fees, and can add or delete provisions relating to your Account or to the nature, extent and enforcement of the rights and obligations you or we may have under this Agreement, all as permitted by applicable law. We will notify you of any such change. Any change, addition or deletion to this Agreement, including any increase or decrease in your APRs, will become effective at the time stated in our notice and will apply to those balances, including new transactions, on your Account as described in our notice. The notice we send you may state that you may notify us in writing within a specked time period that you do not wish to accept the changes, additions and deletions we are making. You will be deemed to accept all the changes, additions and deletions accompanying the notice and to ratify and confirm all the provisions of your Agreement and your acceptance of all the changes, additions and deletions described in other notices previously sent to you if 1) you do not notify us that you do not agree to the change, addition or deletion in the time frame set forth in the notice, or 2) you use the Card or Account after the conclusion of the specified time period. Credit Performance. Your Account was established based upon criteria which reflect your particular credit history. We will from time to time review your credit performance. In addition to any other rights we have, if you do not maintain your past level of credit performance, we may change some or all of the Account terms on your Account, and if we do we will notify you as provided in this Agreement and in accordance with applicable law. Credit Information. You agree that we may request consumer credit reports from one or more credit reporting agencies in connection with your application and the administration of your Account. You also authorize us to exchange credit information concerning you or your Account with (and answer questions and requests from) others, such as merchants, other lenders and credit reporting agencies. Phone Calls/Electronic Communications. In the regular course of our business, for quality control purposes, we may monitor and record phone conversations made or received by our employees. Similarly, we may monitor and record e-mail or conversations on our website between you and our employees. You agree that we will have such right with respect to all phone conversations, e-mail or conversations between you and our employees, whether initiated by you or any of our employees. Refusal to Honor Card. We are not responsible for refusals to honor your Card or Checks. And, except as otherwise required by applicable law or regulation, we will not be responsible for merchandise or services purchased or leased through use of your Account. Irregular Payments and Delay in Enforcement. We can accept late payments, partial payments, checks and money orders marked "Paid in Full" or language having the same effect without losing any of our rights under this Agreement. We can also delay enforcing our rights under this Agreement any number of times without losing them. The fact that we may at any time honor a Purchase, Check, Balance Transfer or Cash Advance in excess of your maximum credit line does not obligate us to do so again. Payments Made on Your Account If you make a payment on this Account utilizing a check, you authorize us either to use the information from your check to make a one-time electronic fund transfer from your checking/deposit account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your bank account as soon as the same day you make your payment, and you will not receive your check back from your financial institution. For inquiries, or to opt out of one-time electronic fund transfers, please call the number listed on the back of your card. Liability for Unauthorized Use of Your Account. If your Card or any Check(s) are lost or stolen or if you have reason to think someone may use your Account without your permission, you must notify us at once. Please either visit the website on the back of your Card and send us an e-mail or telephone us at the number on the back of your Card concerning the loss or theft of your Card or Checks or the possible unauthorized use of your Account. Do not use the Card, Account number or any Checks after they have been reported lost or stolen, even if they are found or returned. You will not be liable for unauthorized use of the Account; however, you must identify for us the charges that were not made by you or someone authorized by you and through which you received no benefit. We may require you to provide us with certain information and to comply with our investigation procedures. We may terminate or limit access to your Account if you have notified us or we have determined that your Card or Checks may have been lost or stolen, or that there may be unauthorized access to your Account. Assignment. We may at any time assign or sell your Account, any sums due on your Account, this Agreement or our rights or obligations under this Agreement. The person(s) to whom we make any such assignment or sale shall be entitled to all of our rights under this Agreement, to the extent assigned. Governing Law. THIS AGREEMENT AND YOUR ACCOUNT WILL BE GOVERNED BY THE LAWS OF THE STATE OF DELAWARE AND, AS APPLICABLE, FEDERAL LAW. Inquiries or Questions. You may address any inquiries or questions which you have about your Account to Barclays Bank Delaware, by visiting the website on the back of your Card and sending us an e-mail, writing us at Barclays Bank Delaware, P.O. Box 8801, Wilmington, DE 19899-8801, or calling us at the number on the back of your Card. If you telephone or email us instead of writing, you may lose certain rights the law gives you to dispute billing errors. Arbitration. At the election of either you or us, any claim, dispute or controversy ("Claim") by either you or us against the other, or against the employees, agents or assigns of the other, arising from or relating in any way to this Agreement or your Account, or any transaction on your Account including (without limitation) Claims based on contract, tort (including intentional torts), fraud, agency, negligence, statutory or regulatory provisions or any other source of law and (except as specifically provided in this Agreement) Claims regarding the applicability of this arbitration clause or the validity of the entire Agreement, shall be resolved exclusively and finally by binding arbitration under the rules and procedures of the arbitration Administrator selected at the time the Claim is filed. The Administrator selection process is set forth below. For purposes of this provision, "you" includes any authorized user on the Account, and any of your agents, beneficiaries or assigns; and "we" or "us" includes our employees, parents, subsidiaries, affiliates, beneficiaries, agents and assigns, and to the extent included in a proceeding in which Barclays is a party, its service providers and marketing partners. Claims made and remedies sought as part of a class action, private attorney general or other representative action (hereafter all included in the term "class action") are subject to arbitration on an individual basis, not on a class or representative basis. Alternatively, you and we may pursue a Claim within the jurisdiction of the Justice of the Peace Court in Delaware, or the equivalent court in your home jurisdiction (each a "Small Claims Court"), provided that the action remains in that court, is made on behalf of or against you only and is not made part of a class action, private attorney general action or other representative or collective action. Further, you and we agree not to seek to enforce this arbitration provision, or otherwise commence arbitration based on the same claims in any action brought before the Small Claims Court. The party initiating arbitration shall utilize the American Arbitration Association, www.adr.org, 950 Warren Avenue, East Providence, Rhode Island, 02914, 1-866-293-4053 to administer the arbitration (the "Administrator"). The Administrator provides information about arbitration, its arbitration rules and procedures, fee schedule and claims forms at its web site or by mail as set forth above. The Administrator will apply the rules and procedures in effect at the time the arbitration is filed. The Claim will be heard before a single arbitrator, whose authority is limited exclusively to the resolution of Claims between you and us and to providing an award effective only on behalf of you and/or us. The arbitration will not be consolidated with any other arbitration proceedings. The Administrator shall resolve each dispute in accordance with applicable law. If you commence arbitration, you must provide us the notice required by the Administrator's rules and procedures. The notice may be sent to us at Barclays Bank Delaware, P.O. Box 8801, Wilmington, DE 19899-8801. If we commence arbitration, we will provide you notice at your last known billing address. We agree to honor your request to remove the action to a Small Claims Court, provided that we receive the request within thirty days of the notice of commencement of arbitration. Any arbitration hearing at which you appear will take place at a location within the federal judicial district that includes your billing address at the time the Claim is filed. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. Judgment upon any arbitration award may be entered in any court having jurisdiction. No class actions joinder or consolidation of any Claim with a Claim of any other person or entity shall be allowable in arbitration, without the written consent of both you and us. In the event that there is a dispute about whether limiting arbitration of the parties' dispute to non-class proceedings is enforceable under applicable law, then that question shall be resolved by litigation in a court rather than by the arbitrator; and to the extent it is determined that resolution of a Claim shall proceed on a class basis, it shall so proceed in a court of competent jurisdiction rather than in arbitration. We will pay, or reimburse you for, all fees or costs to the extent required by law or the rules of the arbitration Administrator. Whether or not required by law or such rules, if you prevail at arbitration on any Claim against us, we will reimburse you for any fees paid to the Administrator in connection with the arbitration proceedings. In addition, in any arbitration that you elect to file that could be heard in Small Claims Court in your jurisdiction, we will pay the filing fees and other arbitration fees above the cost of filing in that Small Claims Court. If you are required to advance any fees or costs to the arbitration Administrator, but you ask us to do so in your stead, we will consider and respond to your request. This arbitration agreement applies to all Claims now in existence or that may arise in the future except for Claims by or against any unaffiliated third party to whom ownership of your Account may be assigned, in which case this arbitration agreement will apply only if you or the third party chose arbitration. This arbitration agreement survives the termination of the Cardmember Agreement or the Account relationship, including your payment in full, and your filing of bankruptcy. Nothing in this Agreement shall be construed to prevent any party's use of (or advancement of any claims, defenses, or offsets in) bankruptcy or repossession, replevin, judicial foreclosure or any other prejudgment or provisional remedy relating to any collateral, security or property interests for contractual debts now or hereafter owed by either party to the other under this Agreement. ARBITRATION WITH RESPECT TO A CLAIM IS BINDING AND NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION YOU AND WE WILL NOT HAVE THE RIGHTS THAT ARE PROVIDED IN COURT INCLUDING THE RIGHT TO A TRIAL BY JUDGE OR JURY AND THE RIGHT TO PARTICIPATE OR BE REPRESENTED IN PROCEEDINGS BROUGHT BY OTHERS SUCH AS CLASS ACTIONS OR SIMILAR PROCEEDINGS. IN ADDITION, THE RIGHT TO DISCOVERY AND THE RIGHT TO APPEAL ARE ALSO LIMITED OR ELIMINATED BY ARBITRATION. ALL OF THESE RIGHTS ARE WAIVED AND ALL CLAIMS MUST BE RESOLVED THROUGH ARBITRATION. Addendum to the Cardmember Agreement This Addendum to the Cardmember Agreement reflects variations to our standard form credit card agreement in effect on the last business day of the previous calendar quarter that ended on 12131/2009. Our standard Cardmember Agreement(s) is supplemented with pricing information reflected in the document(s) titled "Pricing Supplement" and other terms and/or features that may vary between the different types of credit card accounts that we offer as reflected in the below "Addendum to the Cardmember Agreement". These documents are provided to you for informational purposes only. These account terms may not be available after the above date. If you apply and are approved for a credit card account with us, your actual account terms will be based on the terms of the offer available at the time that you applied and your Cardmember Agreement will be the agreement sent to you when your account is first opened. The following provision is to be added at the end of the last sentence of the "Credit Line/Authorized Usage" paragraph in our standard Cardmember Agreement and is applicable to a credit card accounts that do not have a preset spending limit: "Because your Account has no pre-set spending limit, we may permit you from time to time at our discretion to make certain charges that cause your outstanding balance to exceed your revolving credit line. These charges will be evaluated based on account performance, other credit accounts with us, and your experience with other creditors. If we authorize these charges, you must pay, with your Minimum Payment Due, the amount by which your balance exceeds your revolving credit line, including amounts due to Purchases, Cash Advances, Interest charges, Fees, or other charges." The calculation of the Minimum Payment Due each month is based on the account type that the applicant applied for and the applicant's creditworthiness. The following paragraphs reflect these two options and will be reflected in the Cardmember Agreement assigned at account opening: "Your Minimum Payment Each Month. Each billing cycle, you must pay at least the Minimum Payment Due shown on your monthly statement by its Payment Due Date. If the Statement Balance shown on your monthly statement is less than $5, your Minimum Payment Due will be that Statement Balance amount. Otherwise, if your Statement Balance is greater than $5, your Minimum Payment Due will be the total of 1) 1 % of the Principal Balance (defined as the total Statement Balance minus interest charges, Returned Payment Fee, and any Late Payment Fee, that are incurred during the current billing cycle), plus 2) interest charges accrued during the current billing cycle, plus 3) any Returned Payment Fee (and if we so elect, any Late Payment Fee), incurred during the current billing cycle, plus 4) if we so elect, any amount past due or amount over your credit line at the time of billing. In certain instances your Minimum Payment Due may be less than your total Fees and Interest assessed in that billing cycle. At any time you may pay more than the Minimum Payment Due up to the full amount you owe us." "Your Minimum Payment Each Month. Each billing cycle, you must pay at least the Minimum Payment Due shown on your monthly statement by its Payment Due Date. If the Statement Balance shown on your monthly statement is less than $15, your Minimum Payment Due will be that Statement Balance amount. Otherwise, if your Statement Balance is greater than $15, your Minimum Payment Due will be the total of 1) 1%a of the Principal Balance (defined as the total Statement Balance minus interest charges, Returned Payment Fee, and any Late Payment Fee, that are incurred during the current billing cycle), plus 2) interest charges accrued during the current billing cycle, plus 3) any Returned Payment Fee (and if we so elect, any Late Payment Fee), incurred during the current billing cycle, plus 4) if we so elect, any amount past due or amount over your credit line at the time of billing. In certain instances your Minimum Payment Due may be less than your total Fees and Interest assessed in that billing cycle. At any time you may pay more than the Minimum Payment Due up to the full amount you owe us." I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF .AMENDMENT OF "JUNIPER BANK", CHANGING ITS NAME FROM "JUNIPER BANK" TO "BARCLAYS BANK DELAWARE", FILED ZN THIS OFFICE ON THE TWENTY-FIFTH DAY OF MAY, A.D 2006, AT 5:25 O'CLOCK P.M. A FILED COPY OF THIS CERTIFICATE HAS BEEN FORWARDED TO THE NEW CASTLE COUNTY RECORDER OF DEEDS. 3227623 8100 060506710 Harriet Smith Windsor, Secretary of State AUTHENTICATION: 4776394 DATE: 05-25-06 State of Delawax e .S+resyrt-y of Stat® Division of Corpoxntims DeLivexed 05:28 PM 0512512006 F2ZED 05:25 PM 0512512006 SRV 060506710 - 3227623 F= CERTIFICATE OF AMENDMENT OF ARTICLES OF ASSOC CATION OF JUNIPER BANK Juniper Bank, a Delaware banking corporation (the `Bank"), does hereby certify. 1. That the Board of Directors of the Bank, pursuant to Section 749 of Title 5 of the Delaware Code and Section 242 of the Gctteral Corporation Law of the State of Delaware, duly adopted a resolution pursuant to the applicable provisions of the General Corporation Law of the State of Delaware proposing and declaring advisable the following amendment to the Articles of Association of the Bank, attached as Exhibit I to the Articles of Organization of the Bank- RE SOLVED, that Article FIRST of the Articles of Association of the Bank, attached as Exhibit 1 to the Articles of Organization of the Bank, is hereby amended to read in its entirety as follows: FIRST: The name of the corporation is Barclays Bank Delaware (hereinafter referred to as the "Bank). 2. That in lieu of a special meeting and vote of stockholder, the sole stockholder has given written consent to said amendment in accordance with the provisions of Section 228 of the General Corporation Law of the State of Delaware. 1 That said amendment was duly adopted in accordance with the provisions of Section 749 of Title 5 of the Delaware Code and Sections 242 and 228 of the General Corporation Law of the State of Delaware. IN WITNESS WHEREOF, the Bank has caused this Certit cate to be signed by its duly authorized officer this _., day of May, 2006. JUNIPER BANK { By: -/ e: CG'S e? 4/ _ ?LX-?L Title: The foregoing Certificate of Amendment of Articles of Association of Juniper Bank is hereby approvers in both substance and In form. Honorable RobertA. Glen State Bank Commissioner May,l?-", 2006 BARCLAY'S BANK DELAWARE, Plaintiff V. PATRICIA SCHMIDT, Defendant : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No: 10-5617- CIVIL TERM Civil Action - Law NOTICE TO PLEAD To: Barclay's Bank Delaware c/o David J. Apothaker, Esquire Q-z L Apothaker and Associates P.C. rnco + , 520 Fellowship Road C306 M -Z - Mount Laurel, NJ 08054 c You are hereby notified to plead to the enclosed Preliminary Objections-*ittR twenty (20) days from the date of service hereof or a default judgment may be entered against you. Date: a L? 41? Respectfully Submitted Michael J. Poosh(,?-squire I. D. # 58851 2132 Market Street Camp Hill, Pennsylvania 17011 Attorney for Defendant, Patricia Schmidt James B. Crowley, Esquire ID # 63389 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 myvkosh(a)dolglaw,com Attorney for Defendant BARCLAY'S BANK DELAWARE, : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No: 10-5617- CIVIL TERM PATRICIA SCHMIDT, Civil Action - Law Defendant DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT AND NOW, comes the Defendant, Patricia Schmidt, by and through her attorneys Dethlefs-Pykosh Law Group, LLC, by James B. Crowley, Esquire, who files her Preliminary Objections to the Plaintiff's Amended Complaint, and avers as follows: 1. Plaintiff filed suit against Defendant alleging that Defendant owes money to Plaintiff arising out of an account issued by Barclay's Bank Delaware of which Plaintiff Claims to be the Original Creditor. Comp. ¶ 1 and 3. 2. The Complaint was filed on August 30, 2010. 3. Defendant filed Preliminary Objections on January 31, 2011. 4. Plaintiff filed an Amended Complaint on or about February 25, First Preliminary Objection- Pa. R.C.P. 1028(a)(2)- Failure to conform to rule of court (failure to state whether agreements is oral or written, state its terms, and/or attach written contract upon which the claim is based) 5. The Complaint avers the existence of some type of contract between the parties, referred to as the "account." 6. Pursuant to Pa. R.C.P. 1019(h), where a claim asserted is based upon an agreement, the pleading must state whether the agreement is oral or written. 7. The Complaint does not indicate whether the agreement is oral or written. 8. Pursuant to Pa. R.C.P. 1019(1), if the agreement is written, it must be attached to the pleading or, if not, the pleader must explain its absence and set forth the substance of the agreement. More specifically, Plaintiff has failed to attach the original Loan/Credit Agreement signed and dated, including both original and amended terms and conditions applicable to the credit card agreement. Asset Acceptance, LLC v Margaret Madden Order dated March 18, 2009, No. 2912 of 2008 GD (Fayette County 2009) citing Atlantic Credit & Finance, Inc. v Guiliana, 829 A.2d 340 (Pa. Super. 2003). Plaintiff has also failed to attach "other periodic mailings detailing changes to the terms of the contract Remit Corporation v Miller, 5 Pa. D&C 5th 43, 45 (Centre Cty., 2008) 9. The Plaintiff has failed to describe the terms of the agreement, nor has it attached a copy of a written agreement or explained its absence. Second Preliminary Objection- Pa. R.C.P. 1028(a)(2)- Failure to conform to rule of court (Improper Verification) 10. Pa. R.C.P. 1024 required that every Complaint be verified by a Party, unless the party is without sufficient knowledge or information with which to verify, or, alternatively, that the party is outside the jurisdiction of the court and its verification cannot be obtained within the time allowed for pleading. Pa. R.C.P. 1024(c)(1) and (2). 11. The Complaint is verified by counsel of record for the Plaintiff, and not an employee or other agent of the Plaintiff. 12. The Verification does not state that the party was unable to sign it "within the time allowed for pleading," nor the reason why the Verification is not made by a party, as required by Pa. R.C.P. 1024(c). Third Preliminary Objection- Pa. R.C.P. No. 1028(a)(4)- Demurrer 13. The Plaintiff has failed to allege facts sufficient to maintain a cause of action for Breach of Contract. Fourth Preliminary Objection- Pa. R.C.P. No. 1028(a)(3) 14. The Complaint contains only a general assertion of the amount the Plaintiff claims is owed by the Defendant. It provided no detail as to the date(s) on which the debts were incurred, the amounts incurred on each date, the dates or amounts of payments, nor dates of accrual and amounts of interest charges and other fees. 15. Pa. R.C.P. No. 1019 and Pa. R.C.P. 1028(a)(3) require that the above detail be included in a Complaint of this type. 16. By not including the requisite detail of the account, the Complaint fails to conform to an express rule of Court. Fifth Preliminary Objection- Pa. R.C.P. 1028(a)(4) Demurrer 17. Plaintiff's Complaint is based upon contract. 18. The Second Count of Plaintiff's Count is based upon a theory of quantum merit. 19. The Pennsylvania Supreme Court has ruled that the Doctrine of Unjust Enrichment is inapplicable where the relationship between the parties is founded upon a contract. Lustfield v Milne 5 Pa. D&C 5th 469 citing Wilson Area School District v Skeaton 586 Pa. 513 (2006) Sixth Preliminary Objection- Pa. R.C.P. 1028(a)(2) Failure to Conform to Law or Rule of Court 20. Pursuant to Pa. R.C.P. 1028(a)(2), a party may file a Preliminary Objection based upon the failure of a pleading to conform to law or rule of court or inclusion of scandalous or impertinent matter. 21. Plaintiff's Complaint is based upon a contract. 22. The Second Count of Plaintiff's Complaint is based upon a theory of quantum merit. 23. The Pennsylvania Supreme Court has ruled that the Doctrine of Unjust Enrichment is inapplicable where the relationship between the parties is founded upon a contract. Lusfeld v Milne 5 Pa. D&C 5th 469 citing Wilson Area School District v Skeaton 586 Pa. 513 (2006) WHEREFORE, the Defendant respectfully requests that her Preliminary Objections be sustained, and that Plaintiff's Complaint be dismissed with prejudice. Respectfully Subrpjtted, Date: -34??? /, Michael J. F§Aosh, Esquire I. D. # 58851 2132 Market Street Camp Hill, Pennsylvania 17011 (717)975-9446 BARCLAY'S BANK DELAWARE, Plaintiff V. PATRICIA SCHMIDT, Defendant : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No: 10-5617- CIVIL TERM Civil Action - Law CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendant, Patricia Schmidt's, Preliminary Objections to Plaintiffs Amended Complaint, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Barclay's Bank Delaware c/o David J. Apothaker, Esquire Apothaker and Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Date: 314 11 Respectfully Submitted, Mic ael J. ykosh, Esquire I. D. # 58851 2132 Market Street. Camp Hill, Pennsylvania 17011 Attorney for Defendant VERIFICATION I, Patricia Schmidt, hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my personal knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: 3114 /11 Patricia Schmidt BARCLAY'S BANK DELAWARE, Plaintiff V. PATRICIA SCHMIDT, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 10-5617- CIVIL TERM Civil Action - Law ORDER AND NOW, this day of 2011, it is hereby ORDERED and DECREED that Defendant, Patricia Schmidt's, Preliminary Objections to Plaintiff's Amended Complaint are hereby GRANTED, and further that it is hereby ORDERED that Plaintiffs Complaint be Dismissed with Prejudice. BY THE COURT: J. BARCLAY'S BANK DELAWARE, Plaintiff V. : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No: 10-5617- CIVIL TERM PATRICIA SCHMIDT, Civil Action - Law Defendant ORDER AND NOW, this day of 2011, it is hereby ORDERED and DECREED that Defendant, Patricia Schmidt's, Preliminary Objections to Plaintiff's Amended Complaint are hereby GRANTED, and further that it is hereby ORDERED that Plaintiff's Complaint be Dismissed with Prejudice. BY THE COURT: J. Our File No.: 265699 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff BARCLAYS BANK DELAWARE L..y` r r i' i.'.C i ii0NTJyTAR Y 2, fl 11 ;?-F,' 1 A,41 I! 3 s Chi ERIANO COUNTY NE SYLVAMA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. PATRICIA L SCHMIDT NO.: 10-5617 CIVIL TERM Civil Action Defendant PLAINTIFF'S RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS Plaintiff, BARCLAYS BANK DELAWARE, by and through its attorneys, Apothaker & Associates, P.C., files its response to Defendant's Preliminary Objections as follows: 1. - 23. Denied. The allegations of Defendant's Preliminary Objections are conclusions of law which are deemed denied. To the extent a further response is deemed necessary, Plaintiff denies that its Complaint fails to satisfy the Pennsylvania Rules of Civil Procedure in any manner. Plaintiff set forth with particularity the allegations against the defendant and presented documentation sufficient to substantiate its claim. WHEREFORE, Plaintiff respectfully requests that this court enter an ORDER overruling defendant's Preliminary Objections and directing the defendant to file an Answer within twenty days. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection BY: eEsquire Dated: March 28, 2011 Our File No.: 265699 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff BARCLAYS BANK DELAWARE Plaintiff VS. PATRICIA L SCHMIDT Defendant Civil Action PLAINTIFF'S BRIEF IN SUPPORT OF ITS RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS Plaintiff, BARCLAYS BANK DELAWARE, by and through its attorneys, Apothaker & Associates, P.C., submits its brief in support of its response to defendant's Preliminary Objections as follows. Facts and Procedural Background Plaintiff, BARCLAYS BANK DELAWARE, filed a Complaint against defendant seeking damages based on defendant's default on a credit card account. Defendant applied for and received a credit card from BARCLAYS BANK DELAWARE upon which defendant accrued an outstanding balance in the amount of $3,503.08. Legal Argument Preliminary objections are the appropriate method by which to challenge the legal sufficiency of the allegations a petitioner raises as a basis for relief. In re Adoption of S.P. T., 783 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5617 CIVIL TERM A.2d 779 (Pa. Super. 2001). In ruling on preliminary objections, the Court must accept as true all well-pleaded facts which are material and relevant. Erie Cty. League of Women's Voters v. Dept. of Environmental Resources, 525 A.2d 1290 (Pa. Cmwlth. 1987). When ruling on preliminary objections, the Court should resolve any doubt against the objecting party. Koken v. Steinberg, 825 A.2d 723, 726 (Pa. Cmwlth. 2003). Pa.R.C.P. No. 1028(a)(3) and Pa.R.C.P. No. 1019(a) Defendant contends that Plaintiff's Amended Complaint lacks specificity. The applicable standard, codified in Pa.R.C.P. No. 1028(a)(3), is "whether the complaint is sufficiently clear to enable the defendant to prepare his defense, or whether the plaintiffs complaint informs the defendant with accuracy and completeness of the specific basis on which recovery is sought so that he may know without question upon what grounds to make his defense." Rambo v. Greene, 906 A.2d 1232, 1236 (Pa.Super. 2003) (quoting Amlung v. City of Chester, 302 A.2d 491, 498 n. 36 (Pa.Super. 1973)) (internal quotation marks omitted). In pleading its case, the complaint need not cite evidence but only those facts necessary for the defendant to prepare a defense. Dept of Transp. v. Bethlehem Steel Corp., 33 Pa.Cmwlth. 1 (1977). Indeed, "The purpose of [Rule] 1019(a) is to require the pleader to disclose the `material facts' sufficient to enable the adverse party to prepare his case." Smith v. Wagner, 403 Pa. Super 316, 319 (1991)(citations omitted). The Complaint must only put a defendant on notice of what the plaintiff intends to prove at trial to be sufficient. Weiss v. Equibank, 453, 460 A.2d 271,274-75 (Pa.Super.1983). The Court of Common Pleas in Northampton County overruled objections based on legal insufficiency and insufficient specificity in a virtually identical matter, holding as follows: Upon review and consideration of the allegations of the Amended Complaint and the documentation attached thereto as noted, the Court finds the Complaint sufficient to withstand Defendant's preliminary objections. The Amended Complaint sets forth the identities of the parties and the alleged basis for their relationship. It identifies the account upon which the allegations of default are based, and sets forth an allegation of default. Further, the Business Platinum Card Agreement sets forth the basis for Defendant's personal liability on the account. While there may be issues for further discovery between the parties at a later date, it is clear from the Court's review of the Amended Complaint that the averments contained therein are legally sufficient to state a cause of action for breach of contract, and equally sufficient to properly inform Defendant as to the claims against him and enable him to prepare a defense thereto. American Express Bank, FSB v. Stauffer, 6 Northampton County Reporter 180 (C.P. Northampton 2010). Plaintiff's Amended Complaint contains the material facts required for defendant to prepare a defense. Plaintiff pleaded the existence of a contract, a breach thereof and resulting damages. Plaintiff pleaded the open date, last pay date, and charge-off date for the account, as well as the outstanding balance at charge-off. Plaintiff attached credit card statements evidencing the outstanding balance on defendant's account, the APR applied to the account, the terms of the account, account number, account type, defendant's name and address and statement date. Plaintiff also attached the Cardmember Agreement which evidences all the terms of the contract entered into by defendant. The pleadings in Plaintiff s Amended Complaint and the documentation attached thereto are sufficient to allow defendant to prepare a defense. Defendant argues that Plaintiff has not attached all the credit card statements for defendant's account. The Centre County Court of Common Pleas heard a nearly identical matter, holding that, "There is no requirement of law that plaintiff must attach each and every statement to a complaint." Capital One Bank (U.S.A.), N.A. v. James L. Spicer, 2009-774, (C.P. Centre 2009). In that matter, defendant's Preliminary Objection pursuant to Pa.R.C.P. No. 1028(a)(3) was overruled because Plaintiff attached some, but not all, of the credit card statements for defendant's account. The within matter is virtually identical in this aspect. The Monroe County Court of Common Pleas, in Bank ofAmerica, N.A. v. Behrens, 7939 CIVIL 2004 (C.P. Monroe 2004), went even further, stating, "We find that Defendant may adequately confirm or deny the allegations in Plaintiffs Complaint without the benefit of a transaction history." Pa.R.C.P. No. 1019(i), Pa.R.C.P. No. 1019(h) Pa.R.C.P. No. 1019(h) requires that a Complainant in a breach of contract action specify whether the action is based on an oral or written contract. Plaintiff s cause of action is based on a breach of a written agreement. Pa.R.C.P. No. 1019(i) states "When any claim or defense is based upon a writing, the pleader shall attach a copy of the writing, or the material part thereof, but if the writing or copy is not accessible to the pleader, it is sufficient so to state, together with the reason, and to set forth the substance in writing." For this reason Plaintiff attached the relevant Cardmember Agreement. Said document forms the underlying basis of the within matter and contains the material terms contemplated by Pa.R.C.P. 1019(1). Pa.R.C.P. No. 1024(c) - Verification A client verification will be provided. Demurrer A demurrer can only be sustained where the Complaint is clearly insufficient to establish the pleaders right to relief. Firing v. Kephart, 466 Pa. 560, 353 A.2d 833 (1976). For purposes of testing the legal sufficiency of the challenged pleading, a preliminary objection in the nature of a demurrer admits as true all well pleaded material, relevant facts and every inference fairly deductible from those facts. Savitz v. Weinstein, 395 Pa. 173, 149 A.2d 110 (1959); Hoffman w. Misericordia Hospital of Philadelphia, 439 Pa. 501, 267 A.2d 867 (1970). Plaintiff sufficiently alleged that defendant received, accepted and used the card and failed to make timely payments on the account. Plaintiff also alleged the amount due at charge-off, the amount presently due, the date of the last payment, and attached documentation to support said allegations. Quantum Meruit Quantum meruit is a quasi-contractual remedy where a contract is implied in law under a theory of unjust enrichment. Ragnar Benson Inc. v. Bethel Mart Associates, 308 Pa. Super. 405, 454 A.2d 599 (1982). "If no express contract exists between the parties due to the absence of an agreed-upon contract price, a plaintiff may recover under a quasi-contract theory of unjust enrichment." Id.; see also Temple Univ. Hosp., Inc. v. Healthcare Mgmt. Alternatives, Inc., 832 A.2d 501, 507 (Pa. Super. 2003). Northeast Fence & Iron Works, Inc. v. Murphy Quigley Co., Inc., 933 A.2d 664, 669 (Pa. Super. 2007). Parties are expressly permitted to plead in the alternative under the Pennsylvania Rules of Civil Procedure. See Pa.R.C.P. 1020(c); Lugo v. Farmers Pride Inc., 967 A.2d 963 (Pa. Super. 2009). Plaintiff's Amended Complaint sufficiently states an alternative cause of action for unjust enrichment. The elements of unjust enrichment include: (1) a benefit conferred on the defendant by the plaintiff, (2) an appreciation of the benefit by the defendant, and (3) acceptance and retention of the benefit under circumstances that make if inequitable for the defendant to retain the benefit without compensation. Stoeckinger v. Presidential Fin. Corp. of Del. Valley, 948 A.2d 828, 833 (Pa. Super. Ct. 2008). A benefit is " 'any form of advantage.' " Zvonik v. Zvonik, 435 A.2d 1236, 1241 (Pa. Super. Ct. 1981) (quoting REST, OF RESTITUTION § 1, cmt. b). In the within matter, the benefit conferred is the credit account. The defendant appreciated the benefit of the account by making purchases, cash advances, and/or balance transfers. Defendant accepted and retained the benefit by making said debits to the account and failing to repay the debt. In a factually identical case, FIA Card Services filed suit to collect an outstanding balance on a credit account asserting three counts, pleaded in the alternative, for breach of contract, account stated and unjust enrichment. The Court held that FIA's claim for unjust enrichment was valid, bluntly stating, "Clearly, FIA expected to be repaid for the line of credit extended to Ms. Pimentel. No reasonable person would consider an extension of credit through a credit card to be a gift that was not supposed to be repaid." FIA Card Services, N.A. v. Pimentel, 2009-SU-3366-01 (C.P. York 2009). Similarly, in the within matter, each parry was aware of the expectations and intentions of the other. There is a broad body of case law in support of the position that creditors in credit card collection cases may plead unjust enrichment in the alternative to a breach of contract and/or account stated claim. See DiscoverBank v. Hoeft, 3588 CV 2010 (C.P. Monroe 2010); Capital One Bank v. Wilder, 10871 Civil 2009 (C.P. Monroe 2009); Target National Bank v. Kilbride, 10 D.&C. 5t' 489 (C.P. Centre 2009). WHEREFORE, Plaintiff respectfully requests that this court enter an ORDER overruling defendant's Preliminary Objections and directing the defendant to file an Answer within twenty days. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged iypebt Collection BY: J. CAvallaro, Esquire Dated: March 28, 2011 Our File No.: 265699 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff BARCLAYS BANK DELAWARE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. PATRICIA L SCHMIDT NO.: 10-5617 CIVIL TERM Defendant CERTIFICATION OF SERVICE Civil Action I, Benjamin J. Cavallaro, Esquire, attorney for Plaintiff, certify that on March 28, 2011,1 mailed a copy of Plaintiff's Order, Response and Brief in Support of Plaintiff's Response to Defendant's Preliminary Objections to: MICHAEL PYKOSH, Esquire 2132 Market St Camp Hill, Pa 17011 APOTHAKER & ASSOCIATES, P.C. Attorney for Pl ' tiff A Law Firm Engaged iroebt Collection BY: vallaro, Esquire Dated: March 28, 2011 .8 t? W Ln N N M a 0 m V a.. Q 14, t0 N r N co co m co r ui 00 d' N °n N r T t0 a Y 01 01 Q1 01 hey O oO O O O I,, V4 Q N N M 0 O N Ln rn w ? o ?s N Ln N O fV 'C Q A 7 I, PAARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF AMENDMENT OF ""JWXPER BANK", CHANGING ITS NAME FROM ""JUNIPER BANK" TO ""BARCLAYS BANK DELAWARE"_ FILED IN THIS OFFICE ON THE TWENTY-FIFTH DAY OF MAY, A.D. 2006, AT 5:25 O'CLOCK P,M_ A FILED COPY OF THIS CERTIFICATE HAS BEEN FrORWARDED TO THE NEW CASTLE COUNTY RECORDER OF DEEDS. 3227623 8100 060506710 Harriet Smith Windsor. Secretary o (State AUTHENTICATION: 4776394 DATE: 05-25-06 State of L'>G2aware soczatary of State Division of Corporationx Detiv+exed 05:29 PM 0512512006 Fd'ZW 05:25 PM 0512512006 SRV 060506710 - 3227623 FILE CFWrIFICATE OF AMENDMENT OF ARTICLES OF ASSOCUTION OF JUNIPER BANK Juniper Hank, a Delaware banking corporation (the `Bank"), does hereby certify: 1. That the Board of Directors of the Bank, pursuant to Section 749 of Title 5 of the Delaware: {horde and Section 242 of the General Corporation; Law of the State of Delaware, duly adopted a resolution pursuant to tltc applicable provisions of the General Corporation Lave of the State of Delaware pr6posing and declaring advisable the following amendment to the Articles of :Association of the Bank, attached as Exhibit 1 to the Articles of Organization of the Bank: RESOLVED, that.Article FI16'T of the. Article of Association of the Bank, attached as Exhibit 1 to the Articles of Organization of the Bank, is hereby amended to react its its entirety as follows: FlkSI': The name of the corporation is Barclays Bank Delaware (hereinafter referred to m the ".Bank l). 2. That in lieu of a special mcc:ting and vote of stockholder, the sole stockholder has given written consent to said amendment in accordance with the provisions of Section 228 of the General Corporation Law of tote State of Delaware. 3. That said amendment was duly adopted in accordance with the provisions of Section 749 of Title 5 of the Delaware Cute and Sections 242 and 228 of the Cmieral Corporation Law of the State of Delaware. IN WITNESS WHEREOF, the Bank has caused this Certificate to be signed by its duly authorized officer this _Lj_ day of May, 2006. MNIF'ER. BANK By: e: Title: >>-rf ; cw?•W,r The foregoing Certificate of Amendment of Articles of Association of Juniper Bank is hereby approved in both substance and in form. IIonorab e Robert A. Glen State Bank Commissioner May /.4.,., 2006 Pricing Supplement to the Cardmember Agreement The information provided below in this Pricing Supplement, along with the Cardmember Agreement(s) and the Addendum to the Cardmember Agreement (as applicable) reflects certain account pricing and terms that were available to certain applicants that applied for and were approved for certain credit card accounts on the last business day of the calendar quarter that ended on 12131/2009. These account terms may not be available after that date. These documents are being provided to you for informational purposes only. If you apply and are approved for a credit card account with us, your actual account terms will be based on the terms of the offer available at the time that you applied, what you are approved for and your actual Cardmember Agreement will be the agreement sent to you when your account is first opened. Interest Rates and Interest Charges Annual Percentage 3.74% to 22.99% APR. This is a variable rate that equals the Prime Rate plus Rate (APR) for a margin from 0.49% to 19.74%, (this corresponds to a current DPR of Purchases 0.0102% - 0.0630%) (this corresponds to a current MPR of 0.3117% - 1.9158% for residents of Iowa at the time of account opening (if applicable)). APR for Balance 3.74% to 22.99% APR. This is a variable rate that equals the Prime Rate plus Transfers a margin from 0.49% to 19.74%, (this corresponds to a current DPR of 0.0102% - 0.0630% (this corresponds to a current MPR of 0.3117% - 1.9158% for residents of Iowa at the time of account opening (if applicable)). APR for Cash 14.99% to 23.24% APR. This is a variable rate that equals the Prime Rate Advances plus a margin from 11.74% to 19.99%, (this corresponds to a current DPR of 0.0411% - 0.0637%) (this corresponds to a current MPR of 1.2492% -1.9367% for residents of Iowa at the time of account opening (if applicable)). Penalty APR and Up to 30.24%, based on your creditworthiness. This is a variable rate that When it Applies equals the Prime Rate plus a margin from 0% to up to 26.99% (this corresponds to a current DPR of 0.0000% - 0.0828%) (this corresponds to a current MPR of 0.0000% - 2.5200% for residents of Iowa at the time of account opening (if applicable)). This APR may be applied to your account if you: 1. Make a late payment; 2. Go over your credit limit; 3. Make a payment that is returned; or 4. Do any of the above on another account you have with us. How Long Will the Penalty APR Apply? If your APRs are increased for any of these reasons, the Penalty APR will no longer apply to existing balances if you make the next 6 consecutive payments when due. The Penalty APR will apply to other balances indefinitely. Paying Interest Your due date is at least 23 days after the close of each billing cycle. We will not charge you interest on purchases if you pay your entire balance by the due date each month. We will begin charging interest on balance transfers, checks and cash advances on the transaction date. Minimum Interest If you are charged interest, the charge will be no less than $2.00 ($0.50 for Charge residents of Iowa at the time of account opening). Fees Annual Fee $0 to $495 $0 to $195 for each authorized user Transaction Fees: • Balance Either $0 -10 or 0 - 4% of the amount of each transfer, whichever is greater. Transfer We may from time to time offer you lower Transaction Fees on Balance Transfers and Checks. • Cash Advance Either $0 - $10 or 0 - 4% of the amount of each cash advance, whichever is greater. • The purchase of Either $0 - $10 or 0 - 4% of the amount of each transaction, whichever is a money order, greater. travelers' check, foreign currency, lottery ticket, gambling chips, or wire transfer is a cash advance • Foreign 0 - 3% of each transaction in U.S. dollars. Transaction Penalty Fees: • Late Payment $0 - 39.95 depending upon the state that you live in at the time of account opening and in some cases depending upon the balance on the account on the day the fee is assessed. • Over-the-Credit- $0 - 39 Line • Returned $0 - 39.95 depending upon the state that you live in at the time of account Payment opening. Additional Check Related Fees 0 Check Stop $0 - 39.95 depending upon the state that you live in at the time of account Payment Fee • Returned Check Fee Variable Rate Information opening. $0 - 50 depending upon the state that you live in at the time of account opening. The following applies to any APR on your Account that varies with the market based on the Prime Rate. The APRs on your Account correspond to a Daily Periodic Rate ("DPR") or a Monthly Periodic Rate ("MPR") which is applicable only to residents of Iowa at the time of Account opening. The applicable DPRs/MPRs on your Account equal 1/365th (or 1/12th for residents of Iowa at the time of Account opening) of the sum of 1) the applicable Prime Rate, 2) plus the margin(s) listed above for each Purchase, Balance Transfer, or Cash Advance balance or the margin listed above if a Penalty APR applies. The "Prime Rate" used in determining the APRs in each billing cycle will be the highest rate published in the Money Rates column of The Wall Street Journal on the last business day of each month. An increase or decrease in the Prime Rate will cause a corresponding increase or decrease to your variable rates on the first day of the billing cycle that begins in the same month in which the applicable Prime Rate is published. There is no limitation on the amount of any increase. Any such increase or decrease will cause a corresponding increase or decrease in the amount of interest assessed and possibly in the amount of the Minimum Payment Due. If The Wall Street Journal does not publish the U.S. Prime Rate, or if it changes the definition of the U.S. Prime Rate, we may substitute another index. As of 12/31/2009 the Prime Rate was 3.25%. How the Penalty APR may apply to your Account. The APRs on your Account may be increased each time, on this Account or any other account you may have with us, if you fail to make a payment to us when due, you fail to pay at least the minimum payment due, you exceed your credit line, or you make a payment that is not honored by your bank (each, a "Penalty Event"). If we increase the APRs on your Account, we will notify you in advance of the increase. The Penalty APR that will be applied to your Account will be determined based on our review of your credit history. at the time of our review (including your credit performance with other creditors). Our notice to you will include the effective date of the APR increase and the balances to which the Penalty APR will be applied. If the Penalty APR is applied to your account, it may continue to apply to new transactions indefinitely. However, the Penalty APR will cease to apply to transactions made before the penalty rate notice was sent if, after the Penalty APR goes into effect, you make the next six consecutive minimum payments in a row when due. If you do not make these six consecutive minimum payments, the Penalty APR may continue to apply to new and existing transactions indefinitely. How We Will Calculate Your Balance: We use a method called "daily balance (including new purchases)". To determine the amount of the interest to be charged on your Account we first calculate the "Balance Subject to Interest Rate" separately for Purchases, for Balance Transfers, and for Cash Advances. We apply the applicable DPR to each of the applicable daily balances for i) Purchases, ii) Balance Transfers and iii) Cash Advances. The daily balances for Purchases, for Balance Transfers and for Cash Advances are each calculated separately and determined as follows: We take the beginning balances for each transaction type on your Account each day, including any interest calculated on the previous day's balance, add to the respective balances any new transaction, subtract any payments or credits and make any other applicable adjustment(s). This Agreement provides for compounding of interest. A credit balance is treated as a balance of zero. If you multiply the "Balance Subject to Interest Rate" for each balance category as shown on your monthly billing statement by the number of days in the billing period and then multiply each sum by the applicable DPRs, the results will be the interest assessed, except for minor variations caused by rounding. We may from time to time offer you "introductory," "special" or "promotional" APR offers. If any are in effect on your Account we will separately identify the balances to which such offers apply on your monthly billing statement. These separate balances and the related interest will be calculated in the same manner as described above. How We Will Calculate Your Balance (For Residents of Iowa at the Time of Account Opening): We use a method called "average daily balance (including new purchases)". To determine the amount of the interest to be charged on your Account we first calculate the "Balance Subject to Interest Rate" separately for Purchases, for Balance Transfers, and for Cash Advances. We apply the applicable Monthly Periodic Rate to the average daily balances of i) Purchases, ii) Balance Transfers, and iii) Cash Advances. The average daily balances for Purchases, for Balance Transfers, and for Cash Advances are calculated separately and determined as follows: We take the beginning balances for each balance category on your Account each day, add to the respective balances any new transaction, subtract any payments or credits and make any other applicable adjustment(s). A credit balance is treated as a balance of zero. Then we take the sum of all daily balances and divide by the number of days in the billing period to determine the average daily balance. If you multiply the "Balance Subject to Interest Rate" for each balance category as disclosed on your monthly billing statement by the applicable MPRs, the results will be the interest assessed, except for minor variations caused by rounding. We may from time to time offer you "introductory," "special" or "promotional" APR offers. If any are in effect on your Account we will separately identify the balances to which such offers apply on your monthly billing statement. These separate balances and the related interest will be calculated in the same manner as described above. Accrual of Interest and How to Avoid Paying Interest on Purchases On Purchases, interest begins to accrue as of the transaction date. However, you may avoid paying interest on Purchases in any given billing cycle if you pay your Current Balance in full by the Payment Due Date each month. For Balance Transfers, interest will accrue from the day we send the Balance Transfer to the payee. For Checks, interest will accrue on the day the payee accepts the Check. For Cash Advances, interest will accrue from the day you take the Cash Advance. The amount of the Minimum Interest Charge (or "Minimum Charge") that will be assessed on your Account in any billing cycle in which you owe interest is disclosed in the Account Summary Table. Your Cardmember Agreement with Us This document is our standard form credit card agreement in effect on the last business day of the previous calendar quarter that ended on 12/3112009 and has been supplemented with pricing information included in the document(s) titled "Pricing Supplement" and other terms and/or features that may vary between the different types of credit card accounts that we offer as reflected in the "Addendum to the Cardmember Agreement". These documents are provided to you for informational purposes only. These account terms may not be available after the above date. If you apply and are approved for a credit card account with us, your actual account terms will be based on the terms of the offer available at the time that you applied and your Cardmember Agreement will be the agreement sent to you when your account is first opened. Introduction. This Agreement establishes the terms of your credit card account ("Account") with Barclays Bank Delaware, Wilmington, Delaware. Please read it carefully and keep it with your records. You do not need to sign this Agreement, but please sign the back of your credit card (the "Card"), if you have not already done so. All extensions of credit in connection with your Account are being made by Barclays Bank Delaware. You do not need to accept the Account and this Agreement and none of the fees on this Account will apply unless you use the Account. Definitions. If we use a capitalized term in this document but we do not define the term in this document, the term has the meaning as used in your monthly statement. "Agreement" means this document, the Pricing Supplement (the "Supplement") and the Addendum to the Cardmember Agreement (the "Addendum") document and any changes we make to these documents from time to time. "Authorized User" means any person you allow to use your Account including without limitation through a Card, Check, the account number, or other credit device. "Balance Transfer" means the use of your Account for a loan obtained by a transfer of funds initiated by us at your request and includes the use of a Balance Transfer Check. "Balance Transfer" includes the Transaction Fees associated with any Balance Transfer. "Cash Advance" means the use of your Card or account number to obtain cash loans at any financial institution or automated teller machine that accepts the Card, the use of a Cash Advance Check or the purchase of Cash Equivalents. "Cash Advance" includes the Transaction Fees associated with any Cash Advance or any Cash Equivalent. "Cash Equivalent" means the use of your Card or account number to obtain money orders, traveler's checks, foreign currency, lottery tickets, gambling chips or wire transfers. Cash Equivalents and the Transaction Fees associated with any Cash Equivalent are considered Cash Advances for interest calculation purposes. "Check" or "Convenience Check" means an access check we provide to you to make a Cash Advance or a Balance Transfer as applicable on your Account. A Check can be either a Balance Transfer Check or a Cash Advance Check and will be designated as such by us. "Daily Periodic Rate" or "DPR" means the applicable APR divided by 365 "Foreign Transaction" means the use of your Card or Account (other than through a Cash Advance) for a transaction with a business or entity located outside of the United States or for a transaction in a currency other than U.S. dollars. Foreign Transactions and the Transaction Fees associated with any Foreign Transaction are considered Purchases for interest calculation purposes. "Monthly Periodic Rate" or "MPR" means the applicable APR divided by 12. "Purchase" means the use of your Card or account number to buy or lease goods or services and to make a transaction that is not otherwise a Balance Transfer or a Cash Advance. Purchases include Foreign Transactions, Account Fees and any adjustments associated with any Purchase. "You" and "your" refer to each person who has applied for, accepted, or used the Account and each person who has agreed to be responsible for the Account. "we," "us" and "our' refer to Barclays Bank Delaware. Using Your Account/Acceptance of These Terms. By signing, keeping or using your Card or Account, you agree to the terms and conditions of this Agreement. You may obtain credit in the form of Purchases, Balance Transfers and Cash Advances by using your Card, your account number, Checks, or other credit devices. You agree that we may credit your Account rather than issue cash refunds when you reverse transactions that were originally charged to your Account. You agree that you will not use your Card or Account in connection with any transaction that is prohibited or unenforceable and that if you do engage in such a transaction you waive any claim that the charge is uncollectible on the grounds the transaction was prohibited or unenforceable. The Card must be returned to us upon request. We may replace your Card with another Card at anytime. Obligations on Your Account. You authorize us to pay and charge your Account for all Purchases, Balance Transfers, Checks, and Cash Advances made or obtained by you or anyone you authorize to use your Card or Account. You agree to pay us for all of these Purchases, Balance Transfers, Checks, and Cash Advances, plus any interest assessed on your Account and any other charges and fees which you may owe under the terms of this Agreement, whether resulting from 1) physical use of your Card or a Check, 2) mail order or telephone, computer or other electronic transaction made without presenting the Card, or 3) any other circumstances where you authorize a charge, or authorize someone else to make a charge, to your Account. Each person who has agreed to be responsible on the Account is responsible to pay the full amount owed on the Account. If this is a joint Account, we can send statements and notices to either of you. We may require that you pay the full amount owed without first asking any other person(s) to pay. Instructions for making payments are on your monthly billing statement. Payments that comply with the requirements specified on or with your monthly billing statement, including the time of receipt, will be credited on the business day they are received. Payments must be mailed to the correct P.O. Box or street address specified for U.S. Priority Mail and overnight payments. There may be a delay of up to five (5) days in crediting payments that are not made in accordance with those instructions. Please allow at least seven (7) days for the U.S. Postal Service to deliver your payment. All payments must be made in U.S. dollars. Any payment made by check or other negotiable instrument or direct debit must be drawn on a U.S. bank or a U.S. branch of a foreign bank. We reserve the right to accept payments made in a foreign currency. If we do, we will select the foreign currency rate at our discretion. Your available credit may not be immediately increased by the amount of the payment for up to seven (7) days to ensure we collect the funds from the bank on which your payment is drawn. If you overpay or if there is a credit balance on your Account, we will not pay interest on such amounts. Credit Line/Authorized Usage. Your credit line is shown on the folder containing your Card. We may change your credit line from time to time either increase or decrease it-in our sole discretion. If at any time (including in the first month after your Account is opened) you engage in account actions or activity that we perceive could have a negative impact on your credit standing with us, we may decrease your credit line or close your Account. Your latest credit line will appear on your monthly billing statement. You agree not to make a Purchase, authorize a Balance Transfer, use a Check, or obtain a Cash Advance that would cause the unpaid balance of your Account to exceed your credit line. We may honor Purchases, Balance Transfers, Checks and/or Cash Advances in excess of your credit line at our sole discretion. If we do, this Agreement applies to that excess and you agree to pay the excess immediately if we request that you do so. You agree that we may change or cancel your credit line at any time without affecting your obligation to pay amounts that you owe under this Agreement. We may designate that only a portion of your credit line is available for Cash Advances. If we do and you exceed your line, you will be considered to have exceeded your credit line for all purposes of this Agreement. We may limit the auth We will notify you of any change, but the change may take effect before you receive the notice. orizations to make Purchase, Balance Transfer, Check, or Cash Advance transactions that may be accomplished with your Card or Account. If you are approved for an account that does not have a preset spending limit please see the Addendum to the Cardmember Agreement addendum for additional information about your credit line and the usage of your Account. Checks on Your Account. We may issue Checks on your Account in the form of "Balance Transfer Checks" or "Cash Advance Checks," which can be used to access your credit line. Each Check will contain your Account number and may be used only by the person(s) whose name(s) is/are printed on it. Each must be completed and signed in the same manner as a regular personal check. If we provide Checks to you, you may not use them to pay any amount you owe under this Agreement or under any other account you may have with us. Balance Transfer Checks and Cash Advance Checks are subject to the same rate and other terms under this Agreement as Balance Transfers and Cash Advances, respectively. Unless otherwise indicated, all references in this Agreement to Balance Transfers include Balance Transfer Checks, all references to Cash Advances include Cash Advance Checks, and all references to use of the Account include use of these Checks. Unlike purchase transactions, there are no charge back rights with regard to Balance Transfer and Check transactions. Monthly Billing Statements. At the end of each monthly billing cycle a statement will be mailed or delivered to you if your Account has a debit or credit balance of more than $1.00 or if interest or a fee has been imposed. We will not send a monthly billing statement if we deem your Account uncollectible or if delinquency collection proceedings have been instituted by us sending your Account to an outside collection agency or attorney for collection. Your Minimum Payment Each Month. Each billing cycle, you must pay at least the Minimum Payment Due shown on your monthly statement by its Payment Due Date. If the Statement Balance shown on your monthly statement is less than the amount reflected in the Addendum to the Cardmember Agreement, your Minimum Payment Due will be that Statement Balance amount. Otherwise, if your Statement Balance is greater than the applicable disclosed amount, your Minimum Payment Due will be the total of 1) 1 % of the Principal Balance (defined as the total Statement Balance minus interest charges, Returned Payment Fee, and any Late Payment Fee, that are incurred during the current billing cycle), plus 2) interest charges accrued during the current billing cycle, plus 3) any Returned Payment Fee (and if we so elect, any Late Payment Fee ), incurred during the current billing cycle, plus 4) if we so elect, any amount past due or amount over your credit line at the time of billing. In certain instances your Minimum Payment Due may be less than your total Fees and Interest assessed in that billing cycle. At any time you may pay more than the Minimum Payment Due up to the full amount you owe us. Transaction Fees. If you use your Card or Account to obtain a Cash Advance, we will charge a Cash Advance Fee for each such Cash Advance. If you use your Card or Account to do a Balance Transfer, we will charge a Balance Transfer Fee for each such Balance Transfer. If you use your Card or Account to purchase Cash Equivalents, we will charge a Cash Advance Fee (sometimes we may refer to this as a Cash Equivalent Fee) for each such transaction. If you use your Card or Account for a Foreign Transaction, we will charge a Foreign Transaction Fee for each such transaction. Balance Transfer Checks and Cash Advance Checks are subject to the same Transaction Fee as Balance Transfers and Cash Advances, respectively. The present amounts of those charges are stated in the Supplement. Account Fees. We may also assess the Account Fees listed below. The current amounts of such Account Fees are stated in the Supplement. Late Payment Fee - If we do not receive a payment from you in at least the amount of your Minimum Payment Due by the Payment Due Date shown on your monthly statement, we may charge you a Late Payment Fee. You may be charged one Late Payment Fee for each Minimum Payment Due which is not paid by the Payment Due Date. Returned Payment Fee - If your bank does not honor a check or direct debit you deliver to us, or we must return a check because it is not signed or is otherwise irregular, we may charge you a Returned Payment Charge. Returned Check Fee - If we return a Check unpaid because it exceeds your available credit line at the time it is processed, your Account is closed or otherwise does not have charge privileges, you did not comply with our instructions regarding the check or your Account is past due, we may charge you a Returned Check Fee. Check Stop Payment Fee - If we stop payment on a Check at your request, we may charge you a Check Stop Payment Fee. Foreign Currency Conversion. For MasterCard Cards, we and MasterCard (or their affiliates) will convert transactions in foreign currencies into U.S. Dollars. MasterCard will use their currency conversion procedures that are current at the time of the transaction. Currently, the currency conversion rate they use is either the wholesale market rate or the government-mandated rate in effect under those procedures increased by one percent. The currency conversion rate used on the conversion date may differ from the rate in effect on the date you used your Card or Account. For Visa Cards, we and Visa (or their affiliates) will convert transactions in foreign currencies into U.S. Dollars. Visa will use its currency conversion procedures that are current at the time of the transaction. Currently, Visa selects a rate from the range of rates available in the wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives, or the government mandated rate in effect for the applicable central processing date. The currency conversion rate used on the conversion date may differ from the rate in effect on the date you used your Card or Account. Authorized Users. You may allow Authorized Users to use your Account. If you allow an Authorized User to use your Account, you will be liable for all transactions made by that person including transactions for which you may not have intended to be liable, even if the amount of those transactions causes your credit limit to be exceeded. You must notify us to revoke your permission to allow an Authorized User to use your Account or Card. Until you revoke your permission, you are responsible for all charges made by an Authorized User, including Balance Transfer Check and Cash Advance Check transactions, regardless of whether you intended to be responsible for those charges. If you request additional Cards for Authorized Users, checks accessing this Account may also be included with the Card. Administrative Charges. If you request photocopies of monthly billing statements, you will be charged $5 for each duplicate requested for each statement requested that is less than 23 months old. If the requested statement is older than 23 months you will be charged $10 for each requested statement. If you request any special services such as obtaining Cards on an expedited basis, you agree to pay our reasonable charges for such services, in effect at that time. Default/Collection Costs. Unless otherwise prohibited by law, your Account will be in default and we may demand immediate payment of the entire amount you owe us if: 1) in any month we do not receive your Minimum Payment Due by the Payment Due Date; 2) you make Purchases, initiate Balance Transfers, use a Check, or obtain Cash Advances in excess of your credit line; 3) you fail to comply with this Agreement; 4) there is a filing for your bankruptcy; 5) you die or become incapacitated; or 6) we believe in good faith that the payment or performance of your obligations under this Agreement is impaired for any other reason. As permitted by applicable law, you agree to pay all collection expenses actually incurred by us in the collection of amounts you owe under this Agreement (including court or arbitration costs and the fees of any collection agency to which we refer your Account) and, in the event we refer your Account after your default to an attorney who is not our regularly salaried employee, you agree to pay the reasonable fees of such attorney. We will not be obligated to honor any attempted use of your Account if a default has occurred or we have determined to terminate your Account or limit your Account privileges (as discussed below). Termination. We may terminate your privileges under this Agreement or limit your right to make Purchases, initiate Balance Transfers, use Checks, or obtain Cash Advances at any time for any reason without prior notice. If we ask, you must return your Cards and any unused Checks to us, cut in half. You agree that you will not try to make a Purchase, use a Check, initiate a Balance Transfer or obtain a Cash Advance after you have been notified that your privilege to use your Account has been terminated. You may terminate this Agreement at any time. If you do, you must return to us all Cards and Checks previously issued on the Account. If you call us, we may require that you confirm your termination in writing. Termination will not affect existing obligations under this Agreement or your liability for all charges posted to your Account prior to the time all Cards and unused Checks issued on your Account are returned to us. Notices to You. Billing statements and notices will be sent to the address shown in our files. If this is a joint Account, we may send billing statements and notices to either of you. You promise to inform us promptly in writing of any change in your e-mail address or your U.S. mail address. You may update this information by visiting the website on the back of your Card and sending us an e-mail or telephoning us at the telephone number provided below on your Card. We may in our discretion accept address corrections from the United States Postal Service. Consent to Receive Electronic Notices. You may receive periodic billing statements and other notices regarding your Account electronically or by U.S. mail. By requesting statements and other notices electronically, which may only be done on our website, and by providing any other legally required consents, you affirmatively consent to receive all periodic billing statements and other notices electronically when legally permissible. Otherwise, statements and notices will be sent to the address shown in our files. If at any time you need a paper copy of statements or notices, or you change your mind and prefer to receive all your statements and notices in paper rather than electronic form, telephone us at the number provided below or visit us at the website on the back of your Card and send us an e-mail. In order to access your statements and notices electronically, you must have a computer equipped with at least a 40-bit JavaScript-enabled Netscape or Microsoft browser at the Version level 4.0 or higher. In order to retain your statements and notices, you must have a printer attached to your computer that can print them out or a drive or other storage device onto which you can download them. By accepting the receipt of electronic statements and other notices, you confirm that you have the software and equipment that satisfies these requirements to enable you to access and retain your statements and notices electronically. Skip Payment Program and Other Special Terms. From time to time, we may let you skip or reduce one or more monthly payments during a year (interest will continue to accrue) or offer you other special features. If we do, we will advise you of the scope and duration of the applicable skip or special feature. When the skip or special feature ends, your regular terms will resume. Changes in This Agreement. We can change this Agreement, including the annual percentage rate and any fees, and can add or delete provisions relating to your Account or to the nature, extent and enforcement of the rights and obligations you or we may have under this Agreement, all as permitted by applicable law. We will notify you of any such change. Any change, addition or deletion to this Agreement, including any increase or decrease in your APRs, will become effective at the time stated in our notice and will apply to those balances, including new transactions, on your Account as described in our notice. The notice we send you may state that you may notify us in writing within a specified time period that you do not wish to accept the changes, additions and deletions we are making. You will be deemed to accept all the changes, additions and deletions accompanying the notice and to ratify and confirm all the provisions of your Agreement and your acceptance of all the changes, additions and deletions described in other notices previously sent to you if 1) you do not notify us that you do not agree to the change, addition or deletion in the time frame set forth in the notice, or 2) you use the Card or Account after the conclusion of the specified time period. Credit Performance. Your Account was established based upon criteria which reflect your particular credit history. We will from time to time review your credit performance. In addition to any other rights we have, if you do not maintain your past level of credit performance, we may change some or all of the Account terms on your Account, and if we do we will notify you as provided in this Agreement and in accordance with applicable law. Credit Information. You agree that we may request consumer credit reports from one or more credit reporting agencies in connection with your application and the administration of your Account. You also authorize us to exchange credit information concerning you or your Account with (and answer questions and requests from) others, such as merchants, other lenders and credit reporting agencies. Phone Calls/Electronic Communications. In the regular course of our business, for quality control purposes, we may monitor and record phone conversations made or received by our employees. Similarly, we may monitor and record e-mail or conversations on our website between you and our employees. You agree that we will have such right with respect to all phone conversations, e-mail or conversations between you and our employees, whether initiated by you or any of our employees. Refusal to Honor Card. We are not responsible for refusals to honor your Card or Checks. And, except as otherwise required by applicable law or regulation, we will not be responsible for merchandise or services purchased or leased through use of your Account. Irregular Payments and Delay in Enforcement. We can accept late payments, partial payments, checks and money orders marked "Paid in Full" or language having the same effect without losing any of our rights under this Agreement. We can also delay enforcing our rights under this Agreement any number of times without losing them. The fact that we may at any time honor a Purchase, Check, Balance Transfer or Cash Advance in excess of your maximum credit line does not obligate us to do so again. Payments Made on Your Account If you make a payment on this Account utilizing a check, you authorize us either to use the information from your check to make a one-time electronic fund transfer from your checking/deposit account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your bank account as soon as the same day you make your payment, and you will not receive your check back from your financial institution. For inquiries, or to opt out of one-time electronic fund transfers, please call the number listed on the back of your card. Liability for Unauthorized Use of Your Account. If your Card or any Check(s) are lost or stolen or if you have reason to think someone may use your Account without your permission, you must notify us at once. Please either visit the website on the back of your Card and send us an e-mail or telephone us at the number on the back of your Card concerning the loss or theft of your Card or Checks or the possible unauthorized use of your Account. Do not use the Card, Account number or any Checks after they have been reported lost or stolen, even if they are found or returned. You will not be liable for unauthorized use of the Account; however, you must identify for us the charges that were not made by you or someone authorized by you and through which you received no benefit. We may require you to provide us with certain information and to comply with our investigation procedures. We may terminate or limit access to your Account if you have notified us or we have determined that your Card or Checks may have been lost or stolen, or that there may be unauthorized access to your Account. Assignment. We may at any time assign or sell your Account, any sums due on your Account, this Agreement or our rights or obligations under this Agreement. The person(s) to whom we make any such assignment or sale shall be entitled to all of our rights under this Agreement, to the extent assigned. Governing Law. THIS AGREEMENT AND YOUR ACCOUNT WILL BE GOVERNED BY THE LAWS OF THE STATE OF DELAWARE AND, AS APPLICABLE, FEDERAL LAW. Inquiries or Questions. You may address any inquiries or questions which you have about your Account to Barclays Bank Delaware, by visiting the website on the back of your Card and sending us an e-mail, writing us at Barclays Bank Delaware, P.O. Box 8801, Wilmington, DE 19899-8801, or calling us at the number on the back of your Card. If you telephone or email us instead of writing, you may lose certain rights the law gives you to dispute billing errors. Arbitration. At the election of either you or us, any claim, dispute or controversy ("Claim") by either you or us against the other, or against the employees, agents or assigns of the other, arising from or relating in any way to this Agreement or your Account, or any transaction on your Account including (without limitation) Claims based on contract, tort (including intentional torts), fraud, agency, negligence, statutory or regulatory provisions or any other source of law and (except as specifically provided in this Agreement) Claims regarding the applicability of this arbitration clause or the validity of the entire Agreement, shall be resolved exclusively and finally by binding arbitration under the rules and procedures of the arbitration Administrator selected at the time the Claim is filed. The Administrator selection process is set forth below. For purposes of this provision, "you" includes any authorized user on the Account, and any of your agents, beneficiaries or assigns; and "we" or "us" includes our employees, parents, subsidiaries, affiliates, beneficiaries, agents and assigns, and to the extent included in a proceeding in which Barclays is a party, its service providers and marketing partners. Claims made and remedies sought as part of a class action, private attorney general or other representative action (hereafter all included in the term "class action") are subject to arbitration on an individual basis, not on a class or representative basis. Alternatively, you and we may pursue a Claim within the jurisdiction of the Justice of the Peace Court in Delaware, or the equivalent court in your home jurisdiction (each a "Small Claims Court"), provided that the action remains in that court, is made on behalf of or against you only and is not made part of a class action, private attorney general action or other representative or collective action. Further, you and we agree not to seek to enforce this arbitration provision, or otherwise commence arbitration based on the same claims in any action brought before the Small Claims Court. The party initiating arbitration shall utilize the American Arbitration Association, www.adr.org, 950 Warren Avenue, East Providence, Rhode Island, 02914, 1-866-293-4053 to administer the arbitration (the "Administrator"). The Administrator provides information about arbitration, its arbitration rules and procedures, fee schedule and claims forms at its web site or by mail as set forth above. The Administrator will apply the rules and procedures in effect at the time the arbitration is filed. The Claim will be heard before a single arbitrator, whose authority is limited exclusively to the resolution of Claims between you and us and to providing an award effective only on behalf of you and/or us. The arbitration will not be consolidated with any other arbitration proceedings. The Administrator shall resolve each dispute in accordance with applicable law. If you commence arbitration, you must provide us the notice required by the Administrator's rules and procedures. The notice may be sent to us at Barclays Bank Delaware, P.O. Box 8801, Wilmington, DE 19899-8801. If we commence arbitration, we will provide you notice at your last known billing address. We agree to honor your request to remove the action to a Small Claims Court, provided that we receive the request within thirty days of the notice of commencement of arbitration. Any arbitration hearing at which you appear will take place at a location within the federal judicial district that includes your billing address at the time the Claim is filed. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. Judgment upon any arbitration award may be entered in any court having jurisdiction. No class actions joinder or consolidation of any Claim with a Claim of any other person or entity shall be allowable in arbitration, without the written consent of both you and us. In the event that there is a dispute about whether limiting arbitration of the parties' dispute to non-class proceedings is enforceable under applicable law, then that question shall be resolved by litigation in a court rather than by the arbitrator; and to the extent it is determined that resolution of a Claim shall proceed on a class basis, it shall so proceed in a court of competent jurisdiction rather than in arbitration. We will pay, or reimburse you for, all fees or costs to the extent required by law or the rules of the arbitration Administrator. Whether or not required by law or such rules, if you prevail at arbitration on any Claim against us, we will reimburse you for any fees paid to the Administrator in connection with the arbitration proceedings. In addition, in any arbitration that you elect to file that could be heard in Small Claims Court in your jurisdiction, we will pay the filing fees and other arbitration fees above the cost of filing in that Small Claims Court. If you are required to advance any fees or costs to the arbitration Administrator, but you ask us to do so in your stead, we will consider and respond to your request. This arbitration agreement applies to all Claims now in existence or that may arise in the future except for Claims by or against any unaffiliated third party to whom ownership of your Account may be assigned, in which case this arbitration agreement will apply only if you or the third party chose arbitration. This arbitration agreement survives the termination of the Cardmember Agreement or the Account relationship, including your payment in full, and your filing of bankruptcy. Nothing in this Agreement shall be construed to prevent any party's use of (or advancement of any claims, defenses, or offsets in) bankruptcy or repossession, replevin, judicial foreclosure or any other prejudgment or provisional remedy relating to any collateral, security or property interests for contractual debts now or hereafter owed by either party to the other under this Agreement. ARBITRATION WITH RESPECT TO A CLAIM IS BINDING AND NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION YOU AND WE WILL NOT HAVE THE RIGHTS THAT ARE PROVIDED IN COURT INCLUDING THE RIGHT TO A TRIAL BY JUDGE OR JURY AND THE RIGHT TO PARTICIPATE OR BE REPRESENTED IN PROCEEDINGS BROUGHT BY OTHERS SUCH AS CLASS ACTIONS OR SIMILAR PROCEEDINGS. IN ADDITION, THE RIGHT TO DISCOVERY AND THE RIGHT TO APPEAL ARE ALSO LIMITED OR ELIMINATED BY ARBITRATION. ALL OF THESE RIGHTS ARE WAIVED AND ALL CLAIMS MUST BE RESOLVED THROUGH ARBITRATION. Addendum to the Cardmember Agreement This Addendum to the Cardmember Agreement reflects variations to our standard form credit card agreement in effect on the last business day of the previous calendar quarter that ended on 1213112009. Our standard Cardmember Agreement(s) is supplemented with pricing information reflected in the document(s) titled "Pricing Supplement" and other terms and/or features that may vary between the different types of credit card accounts that we offer as reflected in the below "Addendum to the Cardmember Agreement". These documents are provided to you for informational purposes only. These account terms may not be available after the above date. If you apply and are approved for a credit card account with us, your actual account terms will be based on the terms of the offer available at the time that you applied and your Cardmember Agreement will be the agreement sent to you when your account is first opened. The following provision is to be added at the end of the last sentence of the "Credit Line/Authorized Usage" paragraph in our standard Cardmember Agreement and is applicable to a credit card accounts that do not have a preset spending limit. "Because your Account has no pre-set spending limit, we may permit you from time to time at our discretion to make certain charges that cause your outstanding balance to exceed your revolving credit line. These charges will be evaluated based on account performance, other credit accounts with us, and your experience with other creditors. If we authorize these charges, you must pay, with your Minimum Payment Due, the amount by which your balance exceeds your revolving credit line, including amounts due to Purchases, Cash Advances, Interest charges, Fees, or other charges." The calculation of the Minimum Payment Due each month is based on the account type that the applicant applied for and the applicant's creditworthiness. The following paragraphs reflect these two options and will be reflected in the Cardmember Agreement assigned at account opening: "Your Minimum Payment Each Month. Each billing cycle, you must pay at least the Minimum Payment Due shown on your monthly statement by its Payment Due Date. If the Statement Balance shown on your monthly statement is less than $5, your Minimum Payment Due will be that Statement Balance amount. Otherwise, if your Statement Balance is greater than $5, your Minimum Payment Due will be the total of 1) 1 % of the Principal Balance (defined as the total Statement Balance minus interest charges, Returned Payment Fee, and any Late Payment Fee, that are incurred during the current billing cycle), plus 2) interest charges accrued during the current billing cycle, plus 3) any Returned Payment Fee (and if we so elect, any Late Payment Fee), incurred during the current billing cycle, plus 4) if we so elect, any amount past due or amount over your credit line at the time of billing. In certain instances your Minimum Payment Due may be less than your total Fees and Interest assessed in that billing cycle. At any time you may pay more than the Minimum Payment Due up to the full amount you owe us." "Your Minimum Payment Each Month. Each billing cycle, you must pay at least the Minimum Payment Due shown on your monthly statement by its Payment Due Date. If the Statement Balance shown on your monthly statement is less than $15, your Minimum Payment Due will be that Statement Balance amount. Otherwise, if your Statement Balance is greater than $15, your Minimum Payment Due will be the total of 1) 1 % of the Principal Balance (defined as the total Statement Balance minus interest charges, Returned Payment Fee, and any Late Payment Fee, that are incurred during the current billing cycle), plus 2) interest charges accrued during the current billing cycle, plus 3) any Returned Payment Fee (and if we so elect, any Late Payment Fee ), incurred during the current billing cycle, plus 4) if we so elect, any amount past due or amount over your credit line at the time of billing. In certain instances your Minimum Payment Due may be less than your total Fees and Interest assessed in that billing cycle. At any time you may pay more than the Minimum Payment Due up to the full amount you owe us." CustE mom News IMPORTANT ACCOUNT INFORMATION We want to help you bring your pest `due account up-to-date. Please call 1-888-232-0M,tt9day to speak to an account manager about our many different payinite6t program options. YOUR ACCOUNT BALANCE HAS EXCEEDED YOUR CHIT LINE In order to avoid adds oral over Ifmlt fees, make sure your outsitert'd ing balance Is below your credit fir* within 20 days of this statement closing date. This or future defaults may result in a change to your account terms. VJSit our webs to or call 1-866-283-6635 to schedule a payment to reduce your balance. Visit www.juniper.com today. We may report, Informatatri about your account to cretat bury. Late . payments, missed payments, oir other defaults on your account may be reflected In your credit report. PBt Gor?on k Make payments online at www.{uniper.com Check for address change. Complete form on the back. MasterCard's Statement Primary Account Number Ending In: 1299 Statement Closing Date: June 08, 2009 Page 1 of 2 www.juniper.com nL-VurR Jurrtrrtary Payment Due Date July 03, 2009 Previous Balance $2,936.42 minimum Paym&R Due $390.09 Payments - $O:OEI Credit Line $0.00 Credits $0.00 Credit Available 50.00 Purchases + $0.00 Over Credit Line Amount $583.30 Balance Transfers/Checks + $0.00 Cash Credit Line $0,00 Cash Advances + $0.00 Cash Credit Available $0.00 Service Charges + $78.00 Past Due Amount t2W.21 Finance Chattel + $6&;88 Current Balance = $3,083.30 Transaction Activity for PATRICIA L SCHMIDT -card ending in 1299 SERVICE CHARGES Trans Date Posting Date Transaction Description Amount 06/02 06/02 LATE PAYMENT $39.00 06/08 06/08 OVERLIMIT FEE JUN 08, 2009 $39.00 renoalc state finance Charge Summary Corresponding ANNUAL Periodic Rate Average Dally Periodic PERCENTAGE FINANCE Balance Rate RATE (APR) CHARGE Purchases $2,961.41 0.0746% 27.24% $68.49 Balance Transfers/Checks $16.92 0.0746% 27.24% $0.39 Cash Advance $0.00 0.0746% 27.24% $0.00 Effective ANNUAL PERCENTAGE RATE: 27.24% The effective APR represents your total finance charges - including transaction fees such as cash advances and balance transfer fees - expressed as a percentage. Daily Periodic Rate(s) and corresponding information section of this statement. ANNUAL PERCENTAGE RATE(S) may vary. Please read the important Detach here. Please make checks payable to Card Services and send this payment coupon in the enclosed envelope. Please allow 7 days for the U.S. Postal Service to deliver your payment. ?nt???rlunt????nnn??n?Inr?Int??tlnt?ttl?t?ntln?tl ? Card Services P.O. Box 13337 Philadelphia, PA 19101-3337 Amount Enclosed: $ Account Number XXXX-XXXX-XXXX-1299 Minimum Payment Due $390.09 Current Balance $3.083:30 Payment Due Date July 03 2009 PATRICIA L SCHMIDT 545 APPALACHIAN AVE MECHANICSBURG PA 17055-5506 Pore write your entire t tt-digR acoarR ember on this coupon and mail ft with your check to ensure the accurate processing of your payment. 111111111111 ? ? ? ? [1 ? ? ? ? Payment Due Date July 03, 2009 Minimum Payment Due $390.09 Previous Balance $2,936.42 Current Balance $3,083.30 Cant' News IMPORTANT ACCOUNT INFORMATION We want to help you brim your past due avrounit up-to-date. Please caff 1-868-232-078 *6day to sptialc to an account manager about our many Merent payment program options, YOUR ACCOUNT BALANCE HAS EXCEEDED YOUR CREDIT LINE In order to avoid additional over limit fees, make sure your outstanding balance is below your credit line within 20 days of" statement dosing date. TNs or future defaults may result in a change, in your account terms. Visit vur we to or call 1-866.293-5635 to sd*dule a payment to reduce your balance. Visit www.juniper.com today. We may report' Information about your account to credit bui i u . Late payments, missed payments, or other defaults on your account may be reflected In your credit report. PayM*tft Coupon k Make payments online at www.juniper.com Check for address change. Complete form on the back. MasterCard® Statement Primary Account Number Ending in: 1299 Statement Closing Date: July 08, 2009 Page 1 of 2 www.juniper.com Account Payment Due Date August 02, 2009 Previous Balance $3,083.30 Wrilmum Palrcneni'Due s42:02' Payments $0.00 Credit Line $0.00 Credits $0.00 Gr,K Avallablle $0.00 Purchases + $0.00 Over Credit Line Amount $731.23 Balance Transfers/Checks + $0.00 Cash Credit L)ne $0.00: Cash Advances + $0.00 Cash Credit Available $0.00 Service Charges + $78.00 Past Due Amount $390.09 .: Finance Charges + $6993 Current Balance = $3,231.23 Transaction Activity for PATRICIA L SCHMIDT - card endnn in 1299 SERVICE CHARGES Trans Date Posting Date Transaction Description Amount 07/03 07/03 LATE PAYMENT $39.00 07/08 07/08 OVERLIMIT FEE JUL 08, 2009 $39.00 rerioaic Kate rinance Lharge Summary Corresponding ANNUAL Periodic Rate Average Daily Periodic PERCENTAGE FINANCE Balance Rate RATE (APR) CHARGE Purchases $3,107.38 0.0746% 27.24% $69.54 Balance Transfers/Checks $17.31 0.0746% 27.24% $0.39 Cash Advance $0.00 0.0746% 27.24% $0.00 Effective ANNUAL PERCENTAGE RATE: 27.24%6 The effective APR represents your total finance charges -Including transaction fees such as cash advances and bala nce transfer fees . expressed as a percentage. Dally Periodic Rate(s) and corresponding information section of this statement. ANNUAL PERCENTAGE RATE(S) may vary. Please read the Important .31- Amount Enclosed: $ Account Number XXXX-XXXX-XXXX-1299 Minimum Payment Due $492 02 Current Balance $3 231 23 Payment Due Date August 02 2009 Detach here. Please make checks payable to Card Services and send this payment coupon in the enclosed envelope. Please allow 7 days for the U.S. Postal Service to deliver your payment. Int?l???nnt?l??nnnl?n??nd?nJ?t?nt?nllt?nJn?t? Card Services P.O. Box 13337 Philadelphia, PA 19101-3337 PATRICIA L SCHMIDT 545 APPALACHIAN AVE MECHANICSBURG PA 17055-5506 Please write your entire 16digh accourt number on this coupon and mall A with your check to ensure the accurate processing of your payment. ????0???0??????? Payment Due Date August 02, 2009 Minimum Payment Due $492.02 Previous Balance $3,083.30 Current Balance $3,231.23 Customer News IMPORTANT ACCOUNT INFORMATION, Your dellINU601: account Is schieduled to be sent to a colltecticin Agency for further actign.'but its not too fate to avoid account charge offs PWase call 1-888-7-32-0780 today to discuss our many different payment options. YOUR ACCOUNT BALANCE HAS EXCEED 1(OUR C1tEDff LINE in order to avoid additional over mtt fees, make sure your owtstanding balance is below your credit line' within 20 days of this statement closing date. This or future defaults may result In a ch#Vt to r account term s..115I aur'=? ,j or call 1-866-283-663$1:) sch to a payment to reduce your balance. Visit www.juniper.com today. We may report information about'your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected In your credit report. Pant Coon Make payments online at www,luniper.com ? 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Payment Due Date September 04, 2009 Minimum Payment Due $606.76 Previous Balance $3,231.23 Current Balance $3.389.97 MasterCard'& Statement Primary Account Number Ending in: 1299 Statement Closing Date: August 10, 2009 Page 1 of 2 www.juniper.com Account Payment Due Date September 04, 2009 Previous Balance $3,231.23 MlMMIlim Pays lltrt't we $605.76 Payments '$600 Credit Line I C A i dlI $0.00 Credits $0.00 ris t valiab e $0.00 Purchases + $0.00 Over Credit Line Amount $889.97 Balance Transfers/Checks + $0.00 Cash Credit Line SOX Cash Advances ± $0.00" Cash Credit Available $0.00 Service Charges + $78.00 Past 17ue Amovint $44242 Finance Charges + $80.74 Current Balance = $3,389.97 Transaction Activity for PATRICIA L SCHMIDT - card ending in 1299 SERVICE CHARGES Trans Date Posting Date Transaction Description Amount 08/03 08/03 LATE PAYMENT $39.00 08/10 08/10 OVERLIMIT FEE AUG 10, 2009 $39.00 ----------------- Periodic Rate Finance Charge Summary Corresponding ANNUAL Periodic Rate Average Daily Periodic PERCENTAGE FINANCE Balance Rate RATE (APR) CHARGE Purchases $3,261.84 0.0746% 27.24% $80.30 Balance Transfers/Checks $17.73 0.0746% 27.24% $0.44 Cash Advance $0.00 0.0746% 27.24% $0.00 Effective ANNUAL PERCENTAGE RATE: 27.24%] The effective APR represents your total finance charges - inchidtng transaction fees such as cash advances and balance transfer fees - expressed as a percentage. Dally Periodic Rate(s) and corresponding ANNUAL PERCENTAGE RATE(S) may vary. Please read the important information section of this statement. ai--. Amount Enclosed: $ Account Number XXXX-XXXX-XXXX-1299 _Minimum Payment Due $606 76 Current Balance $3,389.97 Payment Due Date September 04, 2009 Detach here. Please make checks payable to Card Services and send this payment coupon in the enclosed envelope. Please allow 7 days for the U.S. Postal Service to deliver your payment. Card Services P.O. Box 13337 Philadelphia, PA 19101-3337 PATRICIA L SCHMIDT 545 APPALACHIAN AVE MECHANICSBURG PA 17055-5506 Please write your entire t &digt account number on this coupon and mall t with your check to ensue the accurate processing of your payment. ???????????????? Customer News IMPORTANT.NOTICE OF CHAKCS TO YO APRs Due to a recent We payment, teWmiied payment, ovyour balance suing your credit limit, we are Increasing the Annual Perwtmjettates (Af'Rs) on your accounttto the applicable Penalty APR(s). The lncrease *0 be efiecttve the first day of the'biflirtg cycle after 10/23/2009. The variable APR for all new and outstand N purchases, bala ncetrainsfers ondcorp, "ience checks will now t*61 301416 (8 corresponding daily periodic rate of .0828%), which is the prime rate plus a margin of 26-M. The variable APR for all new and outstanding Cash Advances Vy49`now al 30.24% (a corresj coding tfa t p hodk fate of :082896), which4s prime rate plus a margin of 26,99%. We may keep the APRs at this level Indefinitely. If you do not wish to accept the se changes, you may call us toll free at 1-888-232-0780 to reject the changes. If you have contacted US on or before 12/07/2009, then the changes will not be appNed, your actor nt)qffl be closed (anti b further purchases can b*M'ade,(eppltca6le), and you will be required to pay :011f any outstanding balance in accordance with the terms of your Cardmember Agreement (as may be amended). yment Coupon Make payments online at vviww.juniper.com °? 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Payment Due Date October 03, 2009 Minimum Payment Due $715.87 Previous Balance $3,389.97 Current Balance $3,503.08 MasterCardO Statement Primary Account Number Ending in: 1299 Statement Closing Date: September 08, 2009 Page 1 of 2 www.juniper.com na.wulR Zu Payment Due Date October 03, 2009 Previous Balance $3,389,97 Mllli?ittt4m PaymBivt Due ' $715.87' Payments $0.00 Credit Line $0.00 Credits $0.00 Credft Available $0.00 Purchases + $0.00 Over Credit Line Amount $1,003.08 Balance Transfers/Checks + $0.00 Cash Credit Lire $0.00` Cash Advances + S0100 Cash Credit Available $0.00 Service Charges + $39.00 past Otte Amount Still Finance ChWges + $74.11 Current Balance = $3,503.08 Transaction Activity for PATRICIA L SCHMIDT - card ending In 1299 SERVICE CHARGES Trans Date Posting Date Transaction Description Amount 09/08 09/08 OVERLIMIT FEE SEP 08, 2009 $39.00 renoclic Kate Finance Charge Summary Corresponding ANNUAL Periodic Rate Average Daily Periodic PERCENTAGE FINANCE Balance Rate RATE (APR) CHARGE Purchases $3,407.46 0.0746% 27.24% $73.72 Balance Transfers/Checks $18.14 0.0746% 27.24% $0.39 Cash Advance $0.00 0.0746% 27.24% $0.00 Effective ANNUAL PERCENTAGE RATE: 27.24% The effective APR represents your total tlrance charges - including transaction fees such as cash advances and balance transfer fees - expressed as a percentage. Daily Periodic Rate(s) and corresponding Information section of this statement. ANNUAL PERCENTAGE RATE(S) may vary. Please read the Important .Q-- Amount Enclosed: $ Account Number XXXX-XXXX-XXXX-1299 Minimum Payment Due $715.87 Current Balance $3.503.08 PaYment Due Date October 03 2009 Detach here. Please make checks payable to Card Services and send this payment coupon In the enclosed envelope. Please allow 7 days for the U.S. Postal Service to deliver your payment. ?nt???Jnnd??ln?url?n??m?lnrllf?nt?n?lt?nr?n?r? Card Services PA. Box 13337 Philadelphia, PA 19101-3337 PATRICIA L SCHMIDT 545 APPALACHIAN AVE MECHANICSBURG PA 17055-5506 Please write your entire to-digit account number on this coupon and melt it with your check to ensure the accurate processing of your payment. ???????????????? CA/AL Our File No.: 265699 BARCLAYS BANK DELAWARE ) Plaintiff ) vs. ) PATRICIA L SCHMIDT ) Defendant ) NO.: 10-5617 CIVIL TERM c =m c r- - x? ter- c1 N am o 8) --{C:> s>c' ?m CD? z CD r*3 -? - <, CD -?' PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. 1. Matter to be Argued: Defendant's Preliminary Objections. 2. Counsel who will argue cases: Benjamin J. Cavallaro, Esquire MICHAEL PYKOSH Attorney for Plaintiff Attorney for Defendant 520 Fellowship Road C306 2132 MARKET ST Mount Laurel, NJ 08054 CAMP HILL, PA 17011 (800) 672-0215 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: October 6, 2011 BY: tt7l J. Cavallaro, Esquire Attorney for Plaintiff Dated: August 25, 2011 INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. i. : l i - ~ ~ ~ r" , r , r, + f t~ ..1• i {-!;,133EF(`iV40 r+QUCFT';~ ~ E r a t`~ S Y t_ \!A 1"111 A Michael J. Pykosh, Esquire ID # 58851 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 MPvkosh dplglaw.com Attorney for Defendant BARCLAYS BANK DELAWARE, : COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No: 10-5617- CIVIL TERM PATRICIA L. SCHMIDT, . Civil Action - Law Defendant . MOTION FOR JUDGMENT PURSUANT TO Pa. R.C.P. 1037(c) AND NOW, comes the Defendant, Patricia L. Schmidt, by and through her counsel the Dethlefs-Pykosh Law Group, LLC, by Michael J. Pykosh, Esquire, who motions this Honorable Court for Judgment pursuant to Pa. R.C.P. 1037(c) and in support thereof avers: 1. On or about August 20, 2010, Plaintiff filed a Complaint at Docket Number 10- 5617 alleging that Defendant owed Plaintiff three thousand five hundred three and 08/100 ($3,503.08) dollars. I 2. On or about January 31, 2011, Defendant filed Preliminary Objections to Plaintiff's Complaint. Plaintiff, in response, thereto filed an Amended Complaint on March 2, 2011. 3. On or about March 15, 2011, Defendant filed Preliminary Objections to Plaintiff's Amended Complaint. -2- 4. On or about October 12, 2011, this Honorable Court decided said Preliminary Objections on Briefs and ordered Plaintiff to file a substitute verification within twenty (20) days (see Order of October 12, 2011 attached and made apart hereofl. 5. More than finrenty (20) days from said Order have lapsed and Plaintiff has failed to file the substitute verification. WHEREFORE, Defendant, Patricia L. Schmidt, respectfully requests that this Honorable Court dismiss the Plaintiff's Complaint. Y(6hael ly Submitted, Date: Pykosh, Esquire I.D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 Attorney for Defendant i -3- i ~ #13. BARCLAYS BANK DELAWARE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COLINTY, PENNSYLVANIA V. : PATRICIA L. SCHMIDT, : NO. 2010-5617 CIVIL TERM Defendant : IN RE: DEFENDANT'S PRELIMiNARY OBJECTIONS BEFORE OLER GUIDO MASLAND JJ. ORDER OF COURT AND NOW, this 12TH day of OCTOBER, 2011, the Defendant's preliminary objections for the failure of the amended complaint to conform to Pa. R.C.P. 1028 (a) (2) is SUSTAINED. In all other resPects the PreliminarY obJ'ections are OVERRULED. Plaintiff is given twenty (20) days within which to file a substitute verification. By the Edward E. Guido, J. Benjamin J. CavallarQ, Esquire 520 Fellowship Rd., C306 Mount Laurel, N.J. 08054 Michael Pykosh, Esquire 2132 Mazket Street Camp Hill, Pa. 17011 Court Administrator :sld Michael J. Pykosh, Esquire ID # 58851 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 MPvkoshCcDdDlalaw.com Attorney for Defendant BARCLAYS BANK DELAWARE, : COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. . No: 10-5617- CIVIL TERM PATRICIA L. SCHMIDT, . Civil Action - Law Defendant : CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendant's Motion for Judgment pursuant to Pa. R.C.P. 1037(c), was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Barclays Bank Delaware c/o Benjamin J. Cavallaro, Esquire Apothaker & Associates, P.C. , 520 Fellowship Road C306 I Mount Laurel, NJ 08054 R p ully Submitted, Date: hael J. Pykosh, Esquire I. D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 Attorney for Defendant 3 BARCLAYS BANK DELAWARE, Plaintiff V. PATRICIA L. SCHMIDT, Defendant : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No: 10-5617- CIVIL TERM Civil Action - Law ORDER AND NOW, this 441?'day of JJ , 2011, it is hereby ORDERED and DECREED that the Prothonotary enter Judgment in favor of Defendant and against Plaintiff and that Plaintiff's Complaint hereby be DISMISSED. Pursuant to the requirements of Pa. R.C.P. 236(a) (2), (b), (d), the Prothonotary shall immediately give written notices of entry of the Order, including a copy of this Order, to each party's attorney of record, or if unrepresented, to each party, and shall note in the docket the giving of such notices and time and manner thereof. BY HE J. :7) CO z O rn C) M, Z M cnr- 'C - r "v t'r? <o x -n -n z M CD o z Distribution Legend: 'T II ILF ? Michael J. Pykosh, Esquire Benjamin J. Cavallaro, Esquire 2132 Market Street 520 Fellowship Rd., C306 Camp Hill, Pennsylvania 17011 Mount Laurel, NJ 08054 (717) 975-9446 (800) 672-0215 -1- Our File No.: 265699 c?lR BARCLAYS BANK DELAWARE ) A. Plaintiff ) vs. ) PATRICIA L SCHMIDT ) Defendant ) NO.: 10-5617 CIVIL TERM PRAECIPE FOR LISTING CASE FOR ARGUMENT rnrn CD , - u, r-- r* CD D Sp ?C 3 Z ::' rri --I TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. 1. Matter to be Argued: Defendant's Motion for Judgment 2. Counsel who will argue cases: Beniamin J. Cavallaro, Esquire Attorney for Plaintiff 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 MICHAEL PYKOSH Attorney for Defendant 2132 MARKET ST CAMP HILL, PA 17011 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 5, 2011 Dated: November 17, 2011 BY: 9??, B njamm Cavallaro, Esquire Attorney for Plaintiff INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. Our File No.: 265699 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff BARCLAYS BANK DELAWARE ! 3ErL Ai'J COCA rr, r 3 r LVAt?IA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. PATRICIA L SCHMIDT NO.: 10-5617 CIVIL TERM Civil Action Defendant PLAINTIFF'S RESPONSE TO DEFENDANT'S "MOTION FOR JUDGMENT" Plaintiff, BARCLAYS BANK DELAWARE, by and through its attorneys, Apothaker & Associates, P.C., files its response to Defendant's "Motion for Judgment" as follows: 1. - 5. Admitted. However, Plaintiff's substitute verification is being filed contemporaneously with this response. WHEREFORE, Plaintiff respectfully requests that this court enter an ORDER denying defendant's "Motion for Judgment". APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection BY: Benja in J. vallaro, Esquire Dated: November 17, 2011 Our File No.: 265699 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff BARCLAYS BANK DELAWARE VS. Plaintiff PATRICIA L SCHMIDT Defendant Civil Action PLAINTIFF'S BRIEF IN SUPPORT OF ITS RESPONSE TO DEFENDANT'S "MOTION FOR JUDGMENT" Plaintiff, BARCLAYS BANK DELAWARE, by and through its attorneys, Apothaker & Associates, P.C., submits its brief in support of its response to defendant's "Motion for Judgment" as follows. Facts and Procedural Background Plaintiff, BARCLAYS BANK DELAWARE, filed a Complaint against defendant seeking damages based on defendant's default on a credit card account. Defendant applied for and received a credit card from BARCLAYS BANK DELAWARE upon which defendant accrued an outstanding balance in the amount of $3,503.08. Defendant filed Preliminary Objections which were overruled by Court Order dated October 12, 2011. Said Order also required Plaintiff to provide a substitute verification for its Amended Complaint within twenty days. Defendant filed the within "Motion for Judgment" after the twenty day period elapsed. The COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5617 CIVIL TERM substitute verification is being filed contemporaneously with this response. Legal Argument The Court may ignore insubstantial non-compliance with procedural rules not resulting in prejudice,,such as rules regarding deadlines. Ellenbogen v. PNC, N.A., 731 A.2d 175, 183 fn. 16 (Pa. Super. 1999). The decision to allow or disallow untimely pleadings is vested in the discretion of the trial court. See Fisher v. Hill, 81 A.2d 860, 863 (Pa. 1951); see also Ambrose v. Cross Creek Condominiums, 602 A.2d 864, 868 (Pa. Super. 1992). "[L]ate pleadings may be filed `if the opposite party is not prejudiced and justice requires."' Ambrose, 602 A.2d at 868. Pa.R.C.P. No. 126 permits the Court to liberally construe the rules and to permit untimely filings where there is no prejudice. Gibson v. Miller, 265 Pa. Super. 597, 402 A.2d 1033 (1979). It has further been held that denial of an amendment based on nothing more than an unreasonable delay is an abuse of discretion. Capobianchi v. BIC Corp., 446 Pa.Super. 130, 666 A.2d 344 (1995). It should also be noted that there is no prejudice to the Defendant in that Plaintiff would otherwise have had the option of withdrawing the case and refilling. Burdumy v. Ohio Cas. Ins. Co., 24 Pa. D. & C.2d 623, 1961 WL 6427 (C.P. 1961). Examples of undue prejudice include unfair surprise, loss of witnesses and eleventh hour surprises. Pilotti v. Mobil Oil Corp., 388 Pa.Super. 514, 565 A.2d 1227 (1989). Pennsylvania courts generally avoid dismissing a Complaint with prejudice based on minor procedural defects. The court in Goehring v. Harleysville Mut. Cas. Co., 73 Pa. D. & C.2d 784 (1976) treated an Amended Complaint filed by Plaintiff beyond the provided time period as filed nunc pro tunc with leave. Similarly, in Lebowitz v. Sun Drug Co., Inc., 118 Pitts. L.J. 170 (1970), the court looked to the liberal construction policy of Pa.R.C.P. No. 126 and granted leave nunc pro tunc to file Plaintiff's Amended Complaint, dismissing defendants preliminary objections. Most recently, the Monroe County Court of Common Pleas opined on a matter strikingly similar to the within matter, stating, "Although Plaintiff's delay in filing his Amended Complaint 42 days after the filing of Defendant's Preliminary Objections is not in accordance with the rules of court, we find the filing of the Amended Complaint sufficient to render Defendant's objections moot." Chase Bank (USA), N.A. v. George E Hamlen, 10904CV2009 (C.P. Monroe 2009). In the matter at bar Plaintiff filed its Verification just beyond the time limit provided. As defendant has not alleged any prejudice as a result of this minor delay, defendant's "Motion for Judgment" must be denied. WHEREFORE, Plaintiff respectfully requests that this court enter an ORDER denying defendant's "Motion for Judgment". APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection BY: Benj ffJ. avallaro, Esquire Dated: November 17, 2011 BARCLAYS BANK DELAWARE Plaintiff vs. PATRICIA L SCHMIDT Defendant AND NOW, this COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5617 CIVIL TERM Civil Action ORDER day of , 20 , upon consideration of the Plaintiff's Brief in Response to Defendant's "Motion for Judgment", it is hereby ORDERED and DECREED that defendant's "Motion for Judgment" shall be DENIED. BY THE COURT, J. Our File No.: 265699 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff BARCLAYS BANK DELAWARE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. PATRICIA L SCHMIDT NO.: 10-5617 CIVIL TERM Defendant CERTIFICATION OF SERVICE Civil Action I, Benjamin J. Cavallaro, Esquire, attorney for Plaintiff, certify that on November 17, 2011, I mailed a copy of Plaintiff's Order, Response and Brief in Support of Plaintiff's Response to Defendant's "Motion for Judgment" to: MICHAEL PYKOSH, Esquire 2132 Market St Camp Hill, Pa 17011 APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection BY: Benj in J. avallaro, Esquire Dated: November 17, 2011 Our File No.: 265699 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff BARCLAYS BANK DELAWARE Plaintiff vs. PATRICIA L SCHMIDT Defendant Civil Action PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached Verification in place of the Attorney's Verification on the Amended Complaint. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection BY: Be 'ami J. Cavallaro, quire 1 a_ ?. 1 i f' ._ C t L 6, i 4r ?I? 4 i 23 P''f..' i 4,3 .rt '.7 1 p+ ? Et?L f ? COUliT, 'VANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5617 CIVIL TERM Dated: November 17, 2011 f +? Defendant Civil Action CERTIFICATION OF SERVICE I, Benjamin J. Cavallaro, Esquire, attorney for Plaintiff, certify that on November 17, Our File No.: 265699 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for. Plaintiff BARCLAYS BANK DELAWARE vs. Plaintiff PATRICIA L SCHMIDT 2011, I mailed a copy of Plaintiff's Praecipe to Substitute Verification to: MICHAEL PYKOSH, ESQUIRE 2132 Market St Camp Hill, Pa 17011 APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection BY: Benj min . Cavallaro, squi COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5617 CIVIL TERM Dated: November 17, 2011 VERIFICATION I hereby state that I am v\ for Plaintiff. I hereby verify that, upon information and belief, the statements made in the foregoing Civil Action Complaint are true and correct. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: Q2C ` Afiiant ame New Castle County, DE Defendant's Name: PATRICIA L SCHMIDT Account Number: ending in 1299 Our File No.: 265699 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff BARCLAYS BANK DELAWARE i'LED-CF r 1CF - tICE. PROTHONOTA 2011 DEC 19 Ah 11. 42 J1r DERLi`; H U C 0 U N Ti' 'ENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. PATRICIA L SCHMIDT NO.: 10-5617 CIVIL TERM Civil Action Defendant MOTION FOR RECONSIDERATION 1. Plaintiff, BARCLAYS BANK DELAWARE, filed suit against Defendant on or about August 13, 2010. 2. Defendant filed Preliminary Objections on or about January 26, 2011. 3. Plaintiff filed an Amended Complaint on March 2, 2011. 4. Defendant filed Preliminary Objections on or about March 15, 2011. 5. Plaintiff filed a Response and Brief in Support on April 1, 2011. 6. Plaintiff filed a Praecipe for Argument on August 29, 2011. 7. On October 12, 2011 this Court issued an Order overruling defendant's Preliminary Objections and directing Plaintiff to file a substitute verification within twenty (20) days of said Order. 8. Due to a clerical error, said Order was not reviewed by Plaintiff Counsel. 9. On November 14, 2011 Plaintiff received Defendant's Motion for Judgment. 10. On November 17, 2011 Plaintiff drafted and mailed to the court a response to defendant's Motion, a praecipe for argument, and a praecipe to substitute verification to comply with this Court's October 12, 2011 Order. 11. On November 18, 2011 this Court issued an Order granting defendant's Motion without any hearing. 12. Plaintiff respectfully requests that this Court Reconsider said Order and allow this case to be decided on the merits, rather than dismissing the matter based on a minor delay of which defendant has not alleged any prejudice. 13. Plaintiff's Amended Complaint contains the proper averments and documentary support to move it beyond the Preliminary Objection stage, therefore defendant should be required to Answer the Amended Complaint. WHEREFORE, Plaintiff, BARCLAYS BANK DELAWARE, respectfully requests this Honorable Court grant Plaintiff's Motion for Reconsideration and Order defendant to file an Answer to Plaintiff's Amended Complaint within twenty (20) days. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection BY: 1/9? Benj qn. Cavallaro, Esquire Dated: December 14, 2011 Our File No.: 265699 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff BARCLAYS BANK DELAWARE Plaintiff VS. PATRICIA L SCHMIDT Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5617 CIVIL TERM Civil Action PLAINTIFF'S BRIEF IN SUPPORT OF ITS MOTION FOR RECONSIDERATION Standard of Law A trial court has broad discretion under 42 Pa. C. S. A. §5505 to modify or rescind an order, and this power may be exercised sua sponte, or invoked by a request for reconsideration filed by the parties. A motion for reconsideration generally may only be considered if it was filed within thirty days of the entry of the disputed order. An order is not "entered," for the purposes of the 30-day limitations period governing modifications or rescission of order, until it is filed with the Prothonotary. Halpern v. Halpern, 926 A.2d 445, Super.2007. The Order at issue herein was filed with the Prothonotary November 18, 2011. Plaintiff s Motion is therefore timely. Legal Argument Pa.R.C.P. No. 126 permits the Court to liberally construe the rules and to permit untimely filings where there is no prejudice. Gibson v. Miller, 265 Pa. Super. 597, 402 A.2d 1033 (1979). The Court may ignore insubstantial non-compliance with procedural rules not resulting in prejudice, such as rules regarding deadlines. Ellenbogen v. PNC, N.A., 731 A.2d 175, 183 fn. 16 (Pa. Super. 1999). The decision to allow or disallow untimely pleadings is vested in the discretion of the trial court. See Fisher v. Hill, 81 A.2d 860, 863 (Pa. 1951); see also Ambrose v. Cross Creek Condominiums, 602 A.2d 864, 868 (Pa. Super. 1992). "[L]ate pleadings may be filed `if the opposite party is not prejudiced and justice requires."' Ambrose, 602 A.2d at 868. Pennsylvania courts generally avoid dismissing a Complaint with prejudice based on minor procedural defects. The court in Goehring v. Harleysville Mut. Cas. Co., 73 Pa. D. & C.2d 784 (1976) treated an Amended Complaint filed by Plaintiff beyond the provided time period as filed nunc pro tunc with leave. Similarly, in Lebowitz v. Sun Drug Co., Inc., 118 Pitts. L.J. 170 (1970), the court looked to the liberal construction policy of Pa.R.C.P. No. 126 and granted leave nunc pro tunc to file Plaintiff's Amended Complaint, dismissing defendants preliminary objections. Most recently, the Monroe County Court of Common Pleas opined on a matter strikingly similar to the within matter, stating, "Although Plaintiff's delay in filing his Amended Complaint 42 days after the filing of Defendant's Preliminary Objections is not in accordance with the rules of court, we find the filing of the Amended Complaint sufficient to render Defendant's objections moot." Chase Bank (USA), N.A. v. George E. Hamlen, 10904CV2009 (C.P. Monroe 2009). In the matter at bar Plaintiff filed its Verification just beyond the time limit provided. As defendant has not alleged any prejudice as a result of this minor delay, defendant's "Motion for Judgment" should have been denied as it was solely based on an untimely filing. WHEREFORE, Plaintiff, BARCLAYS BANK DELAWARE, respectfully requests this Honorable Court grant Plaintiff's Motion for Reconsideration and enter an Order requiring defendant to file an Answer to Plaintiff's Amended Complaint within twenty (20) days. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection BY: "I,& Benj t!JPvallaro, Esquire Dated: December 14, 2011 Our File No.: 265699 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff BARCLAYS BANK DELAWARE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. PATRICIA L SCHMIDT NO.: 10-5617 CIVIL TERM Defendant CERTIFICATION OF SERVICE Civil Action I, Benjamin J. Cavallaro, Esquire, attorney for Plaintiff, certify that on December 14, 2011, I mailed a copy of Plaintiff's Order, Motion for Reconsideration and Brief in Support thereof to: MICHAEL PYKOSH, Esquire 2132 MARKET ST CAMP HILL, PA 17011 APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection BY: Benj in . J avallaro, Esquire Dated: December 14, 2011 #13. BARCLAYS BANK DELAWARE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. PATRICIA L. SCHMIDT, : NO. 2010-5617 CIVIL TERM Defendant IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE OLER, GUIDO,. MASLAND JJ. ORDER OF COURT AND NOW, this 12TH day of OCTOBER, 2011, the Defendant's preliminary objections for the failure of the amended complaint to conform to Pa. R.C.P. 1028 (a) (2) is SUSTAINED. In all other respects the preliminary objections are OVERRULED. Plaintiff is given twenty (20) days within which to file a substitute verification. By the Edward E. Guido, J. Benjamin J. Cavallaro, Esquire 520 Fellowship Rd., 0306 Mount Laurel, N.J. 08054 Michael Pykosh, Esquire 2132 Market Street Camp Hill, Pa. 17011 Court Administrator :sld c. DETHLEFS-PYKOSH LAVA GROUP, LLC Darrell C. Dethlefs* Of Counsel Michael J. Pykosh* 2132 Market Street John R. Logan** Bryan W. Shook Catnp Hill, PA 17011 Paul D. Daggs Melanie L. Erb Phone: (717) 975-9446 Legal Staff Heather N. Orisko `roil Free: (800)287- 1202 Sherry L Deckman* David C. Dagle Fax; (7'17) 975-2309 Crystal I- Mahoney Matthew J. Monaghan E-mail: ddethlets(it?aol.cpnl Susan 11 Disbi-cm Charles J. Hartwell wedwAplglaw.com Kadin M. Stiles Christopher J. Diunone *Ucenxed!'t i fk :+sr?nis ""Arlnril/xrl to the NJ Bar November 9, 2011 Cumberland. County Prothonotary Cumberland County Courthouse - 1 Courthouse Square I Carlisle, PA 17013 RE Barclay's Bank Delaware v Patricia Schmidt No.: 10-5617-CIVIL TERM Bear Prothonotary: Enclosed please find the original along with one (2) copies of a Defendant's Motion for Judgment for the above referenced matter. Please file the original and send back the time stamped copies in the self-addressed stamped envelope. If you have any questions, or need any additional information please feel free to contact me. Thank You. 4 v f y Yours, r' l J. kosh MJPlclm Enclosures cc: Benjamin J. Cavallaro, Esquire 204 N. George Street 100 Lincoln Way East, Ste. C York, PA 17401 Chambersburg, PA 17201 117-123 W. Gay Street, Ste. 122 West Chester, PA 19380 The Dethtc,fs-laykosh Law Group, LLC - "Your Full Service Late F'irin A Debt Relief Agency BARCLAYS BANK DELAWARE, : COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No: 10-5617- CIVIL "TERM PATRICIA L. SCHMIDT, Civil Action - Law Defendant ORDER AND NOW, this day of 2011, it is hereby ORDERED and DECREED that the Prothonotary enter Judgment in favor of Defendant and against Plaintiff and that Plaintiff's Complaint hereby be DISMISSED. Pursuant to the requirements of Pa, R.C.P. 236(x)(2), (b), (d), the Prothonotary shall immediately give written notices of entry of the Order, including a copy of this Order, to each party's attorney of record, or if unrepresented; to each party, and shall note in the docket the giving of such notices and time and manner thereof. BY THE COURT: J. Distribution Legend: Michael J. Pykosh, Esquire Benjamin J. Cava)laro, Esquire 2132 Market Street 520 Fetlowship Rd., C306 Camp Hill, Pennsylvania 17011 Mount Laurel, NJ 08054 (717) 975-9446 (800) 672-0215 Michael J. Pykosh, Esquire ID # 56&51 2132 Market Street Camp Hitl, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 M" dpta w cam Attorney for Defendant BARCLAYS BANK DELAWARE, COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No: 10-5617 CIVIL TERM PATRICIA L. SCHMI'DT, Civil Action - Law Defendant MOTION FOR JUDGMENT PURSUANT TO Pa. R.C.P.1037(c) AND NOW, comes the Defendant, Patricia L. Schmidt, by and through her counsel the Dethlefs-Pykosh Law Group, LLC, by Michael J. Pykosh, Esquire, who motions this Honorable Court for Judgment pursuant to Pa. R.C.P. 1037(c) and in support thereof avers: 1. On or about August 20, 2010, Plaintiff filed a Complaint at Docket Number 10- 5617 alleging that Defendant owed Plaintiff three thousand five hundred three and 081100 ($3,503.08) dollars. 2. On or about January 31, 2011, Defendant filed Preliminary Objections, to Plaintiff's Complaint. Plaintiff, in response, thereto filed an Amended Complaint on March 2, 2011. 3. On or about March 15, 2011, Defendant filed Preliminary Objections to Plaintiff's Amended Complaint. -2- 4. On or about October 12, 2011, this Honorable Court decided said Preliminary Objections on Briefs and ordered Plaintiff to file a substitute verification within twenty (20) days (see Order of October 12, 2011 attached and made apart hereof). 5. More than twenty (20) days from said Order have lapsed and Plaintiff has failed to file the substitute verification. WHEREFORE, Defendant, Patricia L. Schmidt, respectfully requests that this Honorable Court dismiss the Plaintiff' Complaint. Date: I I q- I r Rasp ly Submitted, Aff,hael J. Pykosh, Esquire L D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 Attorney for Defendant _3 1111 BARCLAYS BANK DELAWARE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. PATRICIA L. SCHMIDT, : NO. 2010-5617 CIVIL TERM Defendant IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE OLER. GUIDO MASLAND JJ ORDER OF COURT AND NOW, this 12"Fl day of OCTOBER, 2011, the Defendant's preliminary objections for the failt.ire of the amended complaint to conform to Pa. R.C.P. 1028 (a) (2) is SUSTAINED. In all other respects the preliminary objections are OVERRULED. Plaintiff is given twenty (20) clays within which to file a substitute verification. By the Edward E. Guido, J. Benjamin J. Cwi/allaro, Esquire 520 Fellowship Rd., C306 Mount Laurel, N.J. 08054 Michael Pykosh, Esquire 2132 Market Street Camp Hill, Pa. 17011 Court Administrator sld Michael J. Pykosh, Esquire 1 D # 56861 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 875-9446 Fax - (717) 975-2309 CLAYS BANK D Plaintiff V. for Defendant WARE, : COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No: 10-5617- CIVIL TERM PATRICIA L. SCHMIDT, Civil Action - Law Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendant's Motion for Judgment pursuant to Pa. R.C.P. 1037(c), was hereby served by depositing the same within the custody of the United States Postal Service; First Class; postage prepaid, addressed as follows: Barclays Bank Delaware c/o Benjamin J. Cavallaro, Esquire Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Date: !(-1-, 1( R p ally Submitted, r` hael J. Pykosh, Esquire I.D. # 58851 Dethlefs-Pykosh Law Group, LLC' 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 Attorney for Defendant Our File No.: 265699 APOTHAKER & ASSOCIATES, P.C By, Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff BARCLAYS BANK DELAWARE Plaintiff VS. PATRICIA L SCHMIDT Defendant i t F5 , COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 10-5617 CIVIL TERM } Civil Action PLAINTIFF'S RESPONSE TO DEFENDANT'S "MOTION FOR JUDGMENT" Plaintiff, BARCLAYS BANK DELAWARE, by and through its attorneys, Apothaker & Associates, P.C., files its response to Defendant's "Motion for Judgment" as follows: 1. - 5. Admitted. However, Plaintiff's substitute verification is being filed contemporaneously with this response. WHEREFORE, Plaintiff respectfully requests that this court enter an ORDER denying defendant's "Motion for Judgment". APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff' A Law Firm Engaged in Debt Collection BY Dated: November 17, 2011 J. C,fivallaro, Esquire U, Our File No.: 265699 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff COURT OF COMMON PLEAS OF BARCLAYS BAND DELAWARE CUMBERLAND COUNTY Plaintiff VS. ) NO.: 10-5617 CIVIL TERM PATRICIA L SCHMIDT Civil Action Defendant ) PLAINTIFF'S BRIEF IN SUPPORT OF ITS RESPONSE TO DEFENDANT'S "MOTION FOR JUDGMENT" Plaintiff, BARCLAYS BAND DELAWARE, by and through its attorneys, Apothaker & Associates, P.C., submits its brief in support of its response to defendant's "Motion for Judgment" as follows. Facts and Procedural Background Plaintiff, BARCLAYS BANK DELAWARE, filed a Complaint against defendant seeking damages based on defendant's default on a credit card account. Defendant applied for and received a credit card from BARCLAYS BANK DELAWARE upon which defendant accrued an outstanding balance in the amount of $3,503.08. Defendant filed Preliminary Objections which were overruled by Court Order dated October 12, 2011. Said Order also required Plaintiff to provide a substitute verification for its Amended Complaint within twenty days. Defendant filed the within "Motion for Judgment after the twenty day period elapsed. The substitute verification is being filed contemporaneously with this response. Legal Arg The 'Court may ignore insubstantial non-compliance with procedural rules not resulting in prejudice, such as rules regarding deadlines. Ellenbogen v. PNC, N.A., 731 A.2d 175, 183 fn. 16 (Pa, Super. 1999). The decision to allow or disallow untimely pleadings is vested in the discretion of the trial court. See Fisher v Hill, 81 A.2d 860, 863 (Pa. 1951); see also Ambrose v. Cross Creek Condominiums, 602 A.2d 864, 868 (Pa. Super. 1992). "[L]ate pleadings may be filed `if the opposite party is not prejudiced and justice requires. "'.Ambrose, 602 A.2d at 868, Pa.R.C.P. No. 126 permits the Court to liberally construe the rules and to permit untimely filings where there is no prejudice. Gibson v. Miller, 265 Pa. Super. 597,402 A.2d 1033 (1979), It has further been held that denial of an amendment based on nothing more than an unreasonable delay is an abuse of discretion. Capoblanchi v. BIC Corp., 446 Pa.Super. 130, 666 A.2d 344 (1995). It should also be noted that there is no prejudice to the Defendant in that Plaintiff would otherwise have had the option of withdrawing the case and refilling. Burdumy v. Ohio Cas. Ins. Co,, 24 Pa, D. & C.2d 623, 1961 WL 6427 (C.P. 1961). Examples of undue prejudice include unfair surprise, loss of witnesses and eleventh hour surprises. Pilotti v. Mobil Oil Corp., 388 Pa.Super. 514, 565 A.2d 1227 (1989). Pennsylvania courts generally avoid dismissing a Complaint with prejudice based on minor procedural defects. The court in Goehring v. Harleysville Mut. Cas. Co., 73 Pa. D. & C.2d 784 (1976) treated an Amended Complaint filed by Plaintiff beyond the provided time period as filed nunc pro tune with leave. Similarly, in Lebowitz v, Sun Drug Co., Inc., 118 Pitts. L.J. 170 (1970), the court looked to the liberalconstruction policy of Pa.R.C.P. No. 126 and granted leave nunc pro tune to file Plaintiff s Amended Complaint, dismissing defendants preliminary objections. Most recently, the Monroe County Court of Common Pleas opined on a matter strikingly similar to the within matter, stating, "Although Plaintiff's delay in filing his Amended Complaint 42 days after the filing of Defendant's Preliminary Objections is not in accordance with the rules of court, we find the filing of the Amended Complaint sufficient to render Defendant's objections moot." Chase Bank (USA), N.A. 'v. George E. Hamlen, 10904CV2009 (C.P. Monroe 2009). In the matter at bar Plaintiff filed its Verification just beyond the time limit provided. As defendant has not alleged any prejudice as a result of this minor delay, def'endant's "Motion for Judgment" must be denied. WHEREFORE, Plaintiff respectfully requests that this court enter an ORDER denying defendant's "Motion for Judgment". APOTHAKER.& ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection BY' Benj in J. avallaro, Esquire Dated: November 17, 2011 BARCLAYS BAND DELAWARE Plaintiff VS. PATRICIA L SCHMIDT Defendant AND NOW, this day of COURT OF COMMON' PLEAS OF CUMBERLAND COUNTY NO.: 10-5617 CIVIL TERM Civil Action. ORDER 20 , upon consideration of the Plaintiff's Brief in Response to Defendant's "Motion for Judgment", it is hereby ORDERED and DECREED that defendant's "Motion for Judgment" shall be DENIED. BY THE COURT, J. Our File No.: 265699 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff COURT OF COMMON PLEAS OF BARCLAYS BANK DELA'WARE' ) CUMBERLAND COUNTY Plaintiff ) VS. ) NO.: 10-5617 CIVIL TERM PATRICIA L SCHMID`I' ) Civil Action Defendant CERTIFICATION OF SERVICE I, Benjamin J. Cavallaro, Esquire, attorney for Plaintiff, certify that on November 17, 2011,1 mailed a copy of Plaintiff's Order, Response and Brief in Support of Plaintiff's Response to Defendant's "Motion for Judgment to MICHAEL PYKOiSH, Esquire 2132 Market St Camp Hill, Pa 17011 APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection BY: Ben} in J.' avallaro, Esquire Dated: November 17, 2011. BARCLAYS BANK DEL Plaintiff V. PATRICIA L. SCHMIDT, CUMBERLAND COUNTY, PEN No; 10-5617- CIVIL TERM Civil Action Law 1 i ORDER AND NOW, this `day of tj an C-W4AA, 2011, it is hereby ORDERED and DECREED that the Prothonotary enter Judgment in favor of Defendant and against Plaintiff and that Plaintiff's Complaint hereby be DISMISSED. Pursuant to the requirements of Pa. R.C,P. 236(a)(2), (b), (d), the Prothonotary shall immediately give written notices of entry of the Order, including a copy of this Order, to each party's attomey of record, or if unrepresented, to each party, and shall note in the docket the giving of such notices and time and `manner thereof. BY H J. Distribution Legend: 3 Fn- ter.. _ rw? co >? 4c ?? Michael J. Pykosh, Esquire Benjamin J. Cavallaro, Esquire 2132 Market Street 520 Fellowship Rd., C306 Camp Hill, Pennsylvania 17011 Mount Laurel, NJ 08054 (717) 975-9446 (800) 672-0215 COURT OF COMMON PLEAS OF BARCLAYS BANK DELAWARE ) CUMBERLAND COUNTY Plaintiff ) vs. ) NO.: 10-5617 CIVIL TERM PATRICIA L SCHMIDT ) Civil Action Defendant ) ORDER AND NOW, this 34t'?day of li/gA/wl&V, 20/J) upon consideration of the foregoing Motion for Reconsideration, it is hereby ORDERED and DECREED that Plaintiff's Motion is gamed. tvft"t days. BY J. ???"?l a ?? ; v? ea v'i lIGvo 31 c 3 c C") a -, = :i? G7 G 1 A