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10-7086
II\f THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIA CARD SERVICES, N.A. 655 PAPERMILL ROAD NEWARK, DE 19884 vs. CIVIL ACTION Plaintiff : F CAROLYN L AMON 619 MALLARD RD CAMP .HILL PA 17011-122.0 Defendant NO: ~ ~ -~~ C~~CP NOTICE TO DEFEND -_ ~~n .a .~_ ~~, You. have been sued in court. If you. wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice to Defend are served, by entering a written appearance personally or by an attorney and. filing in writing with the court your defenses or objections to the claims set forth against you. Youare 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 TAKF, THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A.'LAWYER OR`CANNOT AFFORD ONE, GO TO OR TELEPHONE THE. OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU, CANNOT AFFORD TO HIRE A LAWYER, .THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO' ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 717-243 -9400 ~~ a ~v3 a b~~~, 1N THE COURT Of COMMON PLEAS OI' CUMBERLAND COUNTY, PEl~INSYLVANIA FIA CARD SERVICES, N.A. : 65S PAPERMILL ROAD CIVIL ACTION NEWARK, DE 19884 ~ . vs. NO CAROLYN L AMON 619 MALLARD RD CAMP HILL PA 17011-120 Plaintiff ~o ~ 7D ~ ~ ~~; I COMPLAINT Plaintiff, FIA CARD SERVI Abrahamsen8~ Associates, P.C., cor. l . Plaintiff, FIA CARD with. a principal place of business log 2. The Defendant CARL individual residing at 619 3. At all relevant times and collection. ~~ 4. Defendant applied for N.A. , by and through its attorneys, Edwin A. lains of the Defendant as follows: ~RVICES, N.A. , (hereinafter 'Plaintiff') is a corporation ed at 655 PAPERMILL ROADNEWARK; DE 19884 YN L AMON (hereinafter "Defendant") is an adult RD CAMP HILL PA 17011-1220. Plaintiff was engaged. in the'business of debt purchase received a credit card issued by FIA CARD SERVICES, N.A. with the account number 74975997538388. 5. 1_Jse of the FIA CARD SERVICES, N.A. credit card was subject to he terms and considerations of the Cardmember Agreement (hereinafter "Agreement"), a copy of which was sent to the Defezdant along with the credit card. 6. Defendant used the FIA CARD SERVICES, N.A. credit card account. number74975997538388, for purchases, cash advances and/or balance transfers. 7. The Defendant was mailed account statements relative to the Defendant's. use of the subject credit card. 8. The Defendant defaulted under the terms of the Agreement by failing arid refusing to make monthly payments on the account as they became due. (See, Cardmember Agreement attached hereto as Exhibit "A.") 9. The Defendant last made payment on December 30, 2009.. 10. The total amount due and owing the Plaintiff including interest, is $35;595.70 WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $35,595.70 plus costs of suit and any other relief as the Court deems just and appropriated .Edwin A. Abrahamsen ~ Michael F. Ratchford sql Attorney LD. Nos.: 6285 120 North Keyser ' ve. Scranton; PA 18 04 mratchford@e: -law.com Phone: 570-558-5510 Fax: 57Q-558-SSI 1 VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff, FIA CARD SERVICES, N.A. , am fully familiar with the facts set forth in the within Complaint and am authorized to make this Verification on behalf of Plaintiff. I Verify that the facts set forth in the within allegations are true and correct to the best of my knowledge, knowing that any false statements are punishable by law pursuant to 18 C.S.A„ 4944. .. - 4 l ~:., , F • ~~ • ~ ,.. . ~. . . ~_ . - • ~ ' `„ ~ Bank tsf America Corporation and f~iBNA Corporatian are ' ~ phased fio announce our merger. In bringing. the organi'r~tions r together, we are creating a credit card bank that v~ill provide . ~ our cxlstomers with a greater range of financial solutions than ever before. t(tFe are. consolidating our credit card program into • ~ one basic FlA Card Services, N.A. As a result,. beginning - . October 19E 2006 (the "Effective Date"), your Bank of America credsll card account. wil( be issued and administered by F1A Card Services, NA. This document, together with the . Supplement To The Notice Of Change In Terms: on the enclosed statement, fs yaur new "Credit Card Agrezment" and replaczs in whole, on the Er'fecffve Date, yaur existing • . • Cardiholder Agreement and wiil .apply to .all near and . ~ outstanding balances. please read these documents carefully and retain them for your records. Except far Section f2 and Section 13, all of the changes • • belovr wilt apply to your account as of the first day at your • hil[ing cycf2 that inctudes the Effective Date. Sections i? and ., ' - 13 will apply to your account as afi the Effective Date. ~ . As a pa,~t of the Iransifion, K+e wilt be restructuring. your account balances into four balance categories (as newly defined by yaur Credit Card Agreement); Category ~ far Checfc Cash Advancesand Balance Transfers; Category B, for Bank and ATM Cash Advances; Category C far Purchases; and Category D for t3tt-ier Balances, In some cases we will consoGdafe existing balances 'mfo a single balance category. trirhert we da • so, we will honor, or lower, the existing anrula[ percentage • - lutes,: including any existing promotional rates or ctefautt rates • • that may be available on this account. ~:REfE6T Ey~RD EtE.`sF~~~E~~ We cesenre the right to change the terms Qf this Agseee~eerrt at arry tune, as :further €lescrfbed ir: the follawirag sections: Balance ~ategorfes .and l+S~e #lgay AmeEad This ~greetsterrt 1. YOUR CONfTRACT-WfTH US . YourAgreement with us consists of this Credit Card Agreement and any' changes we make to it firom time to time. The. terms. • of this Agreement apply to you if any of you applied for .and were granted an account, used 'the account, maintained the. ' account, andlor otherwise accepted the account. 'You agree to the- terms and condiGcns of this Agreement.. ggqqqq Sank.. ofAraerEea, N.R. (USA} F01-01725-DUAL ®ZD06 Sank of America f .. s' • S } 2. ~RDS EP~I=Q C3F°f'EtJ &l~4 l'I~lS ~a€sl~Ef~,f€i~FTi ~A check'. means an access check we p~vide to you to mafce a. Check Cash Advance on your acrd, `Rgrecrrtent" or "Credit Card Agreement rnea~ fliis docdment artd a€ry changes we make to this docurneret ~m #ime 'to tune. kP€~ means the corresponding AnnuaE Percentage Rate. The APR corresponds to the Daffy perm Rate (°DPR°j wffu~ is calculated ~y dividing the correspa~ndngApf{ ~y 3fi$. Card means alt the credit cards we issue to ~u and to any oiher person with authorization for use ~ .this account pursuant to this Agreement. Cash Advance" means the use of your account for a loan obtaii-ed: ('lj at an automa#ed teller machine ("Al~f~rE ~~ Advance"); {~j by a transfer of Funds .initiated by us at your requasf (rsce Transfer»); (3j ~ any financial institution (e.g., to obtain .cash,- money orders, or travelers checks), ihctuding overdraft #ransactions if :this account is eligible .far and properly enrolI~ in an overdraft protection program, at any non-fnancia! institution (to obtain tit}, or for any payment you make to us that is returned to cts ,unpaid for any reason, including ` the. related finance ef~a~es ("Bank Cash Advance"}; {4j by an access check you sign as drawer {Check Gash Advance'). `Y:ash Advance" includes Transaction Fees acrd adjustments assxiated with any Cash Advance. °Defautt Rate" means the. APR which. may.. f3.e applied without finer notice to your account in certain iris-fances of your default, as described fn the section fitted, l3~ult Pricrrrg. "Foreign 'i-ransaction" means any. transaction made in a foreigci currency {including, for example,, dine purchases frorre foreign merchants). 'race Period' means the period of time wring a billing cycle ~~ you wi-I not accrue Periodic Rate Ftrran~ Charges on certain fransactions or balances. "brew Balance Total" means the total 6~)ed amount as of the Cllosing Date of a billing cycle, as spawn ors your monthly statrrnenf. To determine the New Balance Total. we start with tfte blot balance at the beginning of the billing cycle, which is tf~ "Previous Balance." Then we subtract payrr~ctts and cred~fs Then we add Cash Advances, Purchases and Faryance'Gf~a~es. "Pay in FuA" or "Paid in Full" means payments and credits in a tilting cycle totaling at least your previous. billing cycle's fVew B~tance Total. In general, Pay in Full must be :made by the Payment Due Date in order to get a Grace Period. ~. i 4 . •' s "Proru~onal Rate" means atemporary /APR that may be offef~f can a balance category far a designated tune period, and rray be subject to other condi#ions. "Purrl~e° means the use of your card or acoount number to: (#) 6u~ or loose goods or services (2) troy °Gash Equiyafents' (i_e., foreign currency, money orders or travelers checks from a non-financial institution, or wire tr~rtsfers, out-of-network bill payments made. through FtAC ss online bill payment service, person to person money trarssfers, bets,. lottery tickets, or casino gaming chips) from any seller other than a t'snancial institution; and (3) rrsak~ a transaction that is not otherwise a Cash Advance. "Pu€e~se" includes Account l=ees, as Drell as Transaction Fees and adjustments .associated with any Purchase. "tAre," ~.ts,° `our," and "FiACS".mean FIA Card Services, N_A., also Iwn as Bank of America. "tau' and "your' mean each and all of :he persons who are gratit~i, accept or use an account we hold. "You" and "your" also rrsean any other person v~ho has guaranteed payment of tlis account, when used iri the sections titled, Your Contract t~icYr ~ We May Monitor :and Record Teleptrane Calls, and Art and Litigation, and when used ire each of the sus rela#ing to payment of this .account (e.g„ Your Prime to Pay, and Haw We allocate Your Payrnenis}. #Ifte ~~'ll use the definitions described under the sectiart headsng ll!/ords .Used often in This Agreement or as otherwise d:d in this Agreement if`vre use a capitalized term in this dc~eurrrent but we do r,ot define the term in this document, the terr€~ Ems the meaning as used in your monthly statement. ttife use section headings {eg., Wards Used Often in This Asn~ to organize. this Agreement. The headings are far reference purposes only. ~- B~'Lf~.NiCE CA~TEGO€~tES Vlfftert a Cash Advance or Purchase transaction occurs, we add tfs2 amount of the transaction and any associated finance charges, to one of the fallowing. balance cafegories: Cafegosy A - 8afance Transfers and Check Cash Advances. teary B -ATM Cash Advances and Bank Cash Advances CjQry C'- Purchases GaE~Qry D -Other Balances Fcorn time to time, we may move certain balances from one category to another (for example, so we can accommodafe prornotianal terms), and we wil~ tell you when we do. Each blance catesory has its own APR. All rates are subject to cftatige. in addition to the Annual Percentage Rate sec[ian. piezse see how we may change the rates on your account in the section titled, We May Amend This Agreement. .~ . .~ .: . } 4. Af~~.!' REF~CEf~6~f~Gt= RA.t ES See `~npg€enaertt l`o The ~o~ies Qf Ghange ter Terns tars ttre encics~ s~terr~Ent. . 5. Ct1=FAULT PRIGff~G Ses~ Sr~pt€eraterbt To The ltfrstlce t~f Change In Terms on t6~Ee encl statement. 6. CAE.C,TIOfJ OF RERfOE~IG RATE FiF~l~fv~E Cf~ARGES Vde calt~rlate Periodic Rate Fnance Charges for each balance cat~rsry by multiplying ifs Balance Subject to Fnance Charge by the applicable DPR and that result by the number of days in flee bfl€ing cycle. 7.13€E_t.€~~da CYGLE Yoetr billing cycle. ends each month on a Closing Date d2termirted by us. Each billing cycle begins on the day after the Closing Date of the previous bi~ling,cycie. Each monthly statement reflects a single billing cycle. 8.~3-1F~1 FERl4}Q@C Rf~TE ~t~A~CE GF€AEifi~ES P:E6,~lfit'~€} AGCI~E€E Each new Category A ar+d Category B Cash Advance begins to accxue Periodic Rate Fnance Charges on its transactiart date, Category A and Category B balahces remaining from previous billing cycles accrue Periodic Rate Finance Charges from H~se first day of the biling cycle. ?he transaction date for Check Cash Advances and Balance Transfers made by cheek is the date the. check. is fist deposited or cashed. The trak~sacfion date for a returned payment {a Sank. Cash Advance) is the date that the corresponding payment posted to your account. Unless subject to a Grace Period, each new Category G Purchase and each new Category !7.Other Baiance begins to acx:nle Periodic Rate Fnance Charges on its transaction date or the first .day of the billing cycle, 'whichever date. is later_ Unless. subject to a Grace Period, Category C balances and Category D balances remaining from previous billing :cycles acrave Periodic. Rate Fnance Charges from the first day of tare biiing cycle. When applicable, Periodic Rate Finance .Charges accrue daiiy and compound daily an new balances,, and balances remaining from previous billing cycles, in each balance category. Periodic Rate Finance Charges will continue to accrue even though you have paid .the fuil amount of any. related balances in a balance category because we include any accrued but unpad'finance charges in the calculation of the Ba[ance Subject to Fnance Charge. Your Fayment Due Dafe will be at least 20 days. from your statement Closing. Date. See Supplement To The Nmtlce Of Change In Terms cart the erndased statement for complete terms. !r! 1 it i 4! I i ~€k CALC[.ILA'~f3hl €tF BALAfiCES 5~16~I=CT 'f€3 F[~A[~tE f€t~E Categories A and B •- A~ferage BaBa€tce [t~€etfsrsd ~oducifng €se~r Cash Advances) Vt~e calculate separate Balances Subject to Finance Charge far Category A balances and Category S balances. Vile calculate the Balance Subject to Fnance Charge far each of these balance categories by: (1) calculating a daily bal~-~ce for ~ each day in the current bitting cycle; (2} calculating a daily tsalance far each day prior to the current billing cycle that had ' a Pre-Cycle Cash Rdvance° balance to Pre-Cycle Cash Advance is a Cash Advance with a transaction date prior to ` the .current billing cycle but v~ith a posting. date withf3i the currant bi8ing cycle); (3) adding al! the daily balances together; and (4} d[vidng the sum of the.. dairy balances by the number of days in the current billing cycle. To calculate the 8aily balance for each day in the current b8ling cycle, we take the beginning 6alarrce, alt! an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's laity balance, add new Cash Advances and Transaction.. Fees, and subtract appfscable payments and credits_ if any daily batanc2 is less than zero ~e treat it as zera. 7o calculate a daily balance for each day prior to the current billing cycle that had aPre-Cycle Gash Advance balance, we take the beginning balance attributable solely. fo Pre-cycle Cash Advances (which wilE be zero on the transactron date of [fre first Fre-Cycle Cash Advance), add an amtsunt equal #o the applicable baily Periodic Rate rnuEtiplied b}/ the previous day's daily balance, and add ''only the applicable P'rre-cycle Cash Advances, and their. reia#ed Transaction Fees. We exclude from this calcutatian all transactions posted 'in previous billing cycles. Categories C and D -- A~rerage Daily Balance ~8ethod! (including new transactions) See SupplemenfToThe Nance Qf C~oange [n Terns sari the enclosed statement for cacng[ete terms. 11_ MFhi[MlJttt[ FII~li4RlGE CEttIRGE Sew S[rpp[ernent To The hlotice Of Change In Yearns on the enclosed statement. far carnplete terms. 12TRAtdSACTlC1V FEE FtNAhIGE CIiARGES See Supplement To 1'he Natfce Ut Change. to Terr€es mn the enclosed staterrrent for cornptete terms. 13. ACCalJhl7 FEES See Supplement To The idatice Qf Change [n Terms an the enclosed statement for a complete list of fees. 14.OVERDRAFT PROTEt:T[OPt !f your checking account with Bank of America is ['diked to this account, this overdraft protection feature wit! apow funds to be transferred (overdraft protection transfe~s'~ from this account into your designated .checking account with Bank. of America ~° s i I i "~n9 accauntn) when transactions occur on your cheEling aunt, such as .checks or other debits, that if paid v~audd ', cause the checking aceaurit to be overdrawn ("overdraft lransactions"), Overdraft protection transfers include automatic transfers to cover checking acxaunt fees. Overdraft protection trans€ers are processed after close of business f~onday througfs l=rfday and are treated as Category B Cash Advances, Each days overdraft transactions v~rili be totaled and rounded to tFie rtes $i00 {$25 if you opened your checking account irq ti~hirx,~ton or Idaho) fncrernent up to your available credit limit, regardless of tvho initiated the 'overdraft transactions. For exarrrpde, if your checking account has a balance of $1.00 and ar eh~k or other debit item for $125. is presented. for payme€tt, twrhich ifi paid would cause your checking account to be overdrawn, an overdraft protection transfer of $200 will be made to your checking aax~unt and a Bank Cash Advance of X200 utiti post to this account ~e arnaunt ai available credit ory this a~ourst roust be sufficient to cover the total amount of overdraft transactions (received by Bank of America that day} rounded to the next $100 increment abut excluding any overdraft protectioh f~}; otherwise one or mare of the overdraft transactions far that day uuelf be rejected. However, if the available credit on this acqurrt is greater than the overdraft transaction -amount, but ttse available credit is insufficient for the overdraft transaction aaxwnt to be rounded to the next $iDO increment, then fft?~ amount of the overdraft transaction will be rounded to the fughest whole dollar amount of yflur available credit.. (And in such an event, the accrued finance charges may result 'i-ti ors . onresf"mit Fee.) We rnay;permit or refuse to permit any overdraft protection :transfer that wrould cause you to exceed the credit lines on Uus account; butrf vve ,permft it, you may be assessed an Eh+eriimit >=ee during the billing cycle in wi~ich the 'transfer orxx~rs. 3his overdraft protection 'feature will automatically fse Wilted if this account °ds dosed by either you or us, or at arty time cFpon your request Your overdraft. fransacfions remain subject. #o the terms of your checking " account with Bank of Prrteriea, any related enrollment agreement, and Phis Agreemerrt. 1". ~E~iil'YOUR CARdJ You should sign your card before you use it, t~. I t~3tlt1 TO IFSE YDUR ACCOt1N7 You r~say obtain credit in the form of Purchases and Cash Advances by using cards,. access checks, your account nurrrber, or other credit devices. ~iT.~tiFE MAY MOtJITOR A~fD RECdRd7TELEPHdd~IE CAd_!S Yau consent to and authorize FIACS, any of its affiliates, or its marketing associates to monitor and/or record any of pour telephone conversations. with.. our. representatives or the. rejyresentatives of any Qf thole companies. Where you have. provided a cell phone number directly to us, or placed a cell phone call' to us, yoct consent and agree to accept calleciian calls to your ceh';phbne from us. For any telephone or cell phone calls we place to y©u, you consent 'and agree. that ~. . i •- ~ . ~i - - ~ ., ;t i - - ~~~ . - '; .~ tf~e calls may be automatically d"rafed andlor use recorded ..sages. ~8. frFtEf?tT I~Eig~2f~Tif~iG ,~E9EE~ft,~S; CE3LLEE'~fl~l~ A~F] StIN~ Ih1FQRlifiAYlf)Ff You authorize us to collect infarmatfon about. you in order to corsduct our business and deGvei• the tap quality service tau expect, including information vie receive about you, infarrnation vti~e receive from third parties. such as credit repcstting agencies and information about your transactions vaittt us and other companies. You authorize us fa share.sueh fnfr~rmation about you or your accaESnt t~ith our cir Elifit2s acrd others. You may have the ~ right. to opt out of some information wring.'For more details, please refer to our Privacy l~oticy. ff you believe ~ we have .furnished inaccurate or incompdete informafion about you or your account to a credit reporting agency, write to us at: FfA Card .Services, N_A., credit l~¢porting Agencies, P.O. Box 17054, Vi/llmington; DE ~988~_ 7t?54. Please include .your name, address,. home phone number, and account number, and explain what yov believe is inaccurate or incomplete. ~9. €'URP9SES FQR USItV~ Yf)EtR ~CCl:3tjf~ You may use your account for personal, family, or household purposes. You may not use your account far. business or commercial purposes.; Yau may not use a Check. Cash advance, or anyother Cash Advance, to make a payment on tfus or any other account with us or ovr affiliates. You may not use or permit your account to be used fo make any illegal transaction. You will only use your account far transactions that are legal where `,you conduct them. For example, irttemet - gambling #ransactions may be illegaE 'm your state:. f3isplay of a payment card logo by an'onfsne merchant. does.. not. mean-that an lntemet transaction fs legal where you conduct it. We may charge your account for such transactions. We wift'nat befiable ifi you engage in an illegal transaction. We, may deny autt~rization of any transactions identi#ied as )nterret gambling. 20. PERSC}t~S t.tSifVG 1fClJR ACCF)[6ttil'f ff you permit any ,.person to use your card, access checks, :account number, or othercredit device with the authorization to obtain credit on your account; you may be liable for all transactions made by that person including trarrsactioras for wl~Ch you, may riot have intended to be !fable, even. if the amount of those transactions causes your credit.. iirrtit to :be exceeded. Authorized users of this account may have the same access to information about the account and its.. users: as the account holders... We may send account rnateriais (cards,: statements and notices} to any lialale party, and that person will be>responsible for delivering those materials to the atherfrable parties and authorized users: ~ati~w t^ ar~.• of you erft 'be considered` notice to atl''af you. You may alloy authorized users an your account in`the' following gays: (3) by: notifying us that You want someone added..#o your acoourrt as an authorized user, {2) by lending your card or account number ta`arrothe+ or ; (3) by any other ways in whieti you would be legally considered to gave allowed another to use your account or to be le€dall}r prevented from denying That you did so. You must think carefully before you aflaw anyone to become an authorized user. B}" doing so, you authorize the person to use your account to the same extent you can, including but not limited to making ally purchases, cash advances, balance transfers and allavt~ing ethers to use your account Your account does net permit you to limit the nature ar amount of authority you give to any authorized user and you trill not attempt to do so. An authorized. user's authority will conti€j€te until you both notify us that yoga are terminating the authority end you physically retrieve the card.lf you cannot retrieve the card, you will remain liable for ax-ry transactions that we cannot prevent after you notify us. ?1. Y®lBR Pf~OMISE Tf) PAY `tau promise to pay us--,~tre amounts of all credit. you obtain, which "sncludes all Purchases and Gash Advances. Yau also promise to pay us .all. the amounts of fcnance charges,. fens, and any other. transactions ire charge to your account. if a bank branch or office sponsors your account, `you promise to pay it any unpaid account balance it-pays us within 30 days. :~ 1~AYMEtJTS ON YQtiR AtCOEINT You mus# pay each month at least the Total fYtinimum Payment I?ue shown on your monthly statement 6y its Payment Due Date. Your Payment Due Date may vary from month to month. I Payments must conform to the requirements set out on that monthly statement; thzse requirements may vary without prior notice. You may pay tt-1e entire amount you awe us at any time. Payments made fn any billing cycle that are<greater than the Total Minimum Payment Due will not affect your obliga~aQn to make the next 7otai Minimum Payment Due. !f you overpay u~r if there is a credit balance on your account, we will. not :pay interesf on such amounts. We w'sll reject payments that are not ~Iraweti in U.S. dollars and those drawn on a financial institu5oro iocafed outside of the .United States_ We reserve the right to reject any payment if your account has a credit balance as of 'the day we receive that payment Payment of your Total ~Niinimum Payment Due may ...not avoid the assessment of ~Overlimit Fees. Generally, crerlifs to your 'account, sucft a$ 'Those generated: by merchants or by person-to-person money transfers,' are not treated as 'payments and will not` reduce your Total Minimum Payment due. See SupplementTo Tile Pfotice Of Change In Terms err tEre enclosed statement far additt~ttal terms. 23.'~O'ifAL MINIMUM PAYMENT DICE You may pay your total outstanding balance at any time_ Each billing cycle, you must pay; at feast the Total Minimum Payment Due, shown ;on your monthly statement by its Payment Due Date. The Total Minimum Payment Due is the sum of alt past due amounts plus the Current ..Payment. See Supplement Ta The tdotice Qf Gtsange In Terms ors the enclosed statement far additional terms. ;' i i 1 24. EbE YOtJFI P,~Yfi~[EC~IT ~tt_t. EE ~€~Ei~fl"EQ '~C} Y€~~R f~~~Q~Ef~'T' 4'tfe credit your payments as of the date received,. if the payment is (1) received by 5 p.m. (Easfem'iime); (2}received at the address shown in the upper left-hand corner of the front of youa monthly statement; (3} paid with a check drawn in U,S. dollars on a U.S. financial institution or a V.S. dollar money ostler, and (4) sent in the return envelope t~rith only the. top por~on of your statement accompanying it. Payments received after 5 p.m. on any day including the Payment Due Date, but that othenrvise meet the above requirements, wilt be credited as of the next day. Credit for any. other payments may be dLlayed up to five .days. 25. FtE3`~4f V6°E ,4~LOGt~TE YOEIR €~AYB~PI=E~€TS We wilt allocate your payments in the manner we~detem~rine. fn most instances, we will.. allocate yaur payments to balances (ir~cluding transactions made after your latest statement} with Lower APRs before bata~nces with higher APRs. Ti his will result in balances with lower APRs (such as new balances with promotional APR offers) being paid before any other existing ba~.lances. 28. RROI~tISE TO PAY Ai~FLIES'f'0 ALL t=l?~Sf3hlS AIN persons who initially ~r subsequently. request; accept, gcarartee or use the account are individually and .together responsible for any Iota{ outstanding balance, if you and one ar more persons are responsible to pay any total outstanding balance,. we may refuse to release .any of you from lia6itity until all of the .cards, access checks, and other credit devices outstanding under the account have been resumed to us and you repay us the total outstanding balance owed to us at any Time under the terms of this Agreement. 27. ®E1=1~tlLT Yau will be in default of this Agreement it: (1} you #ail fo make any required Total Minimum Payment [Jue by its Payment Due Date; (2j your total outstanding balance exceeds your credit lirrai~ or (3) you fait to abide by any other term of this Agreement.. Our failure to exercise any of our. rights when you default does not mean that. we are unable to exercise those rights upon later default. 28.. WF6EtJ WF N6t~Y REQfl1RE {MMEnIATE PAYI'>1PENT if you are in default, then in addition #o our other remedies under this Agreement, we can require immedate paymentnf your total outstanding balance and, unless. prohibited by applicable taus and except as 'otherwise provided under the Arbitration and Litigation sec#ion of this Agreement, we can afso require yob to paij the +costs we {ncur in any collection proceeding, as well as reasonable attorneys' fees if we refer your account for collection to an, aftomey who is not our salaried employee. 29. t~'1'~lER PAYMENT TE'~t!~S We can accept late payments, partial payments, ar payments with any restrictive writing without lasing any of our.. rights . e J under Phis Agreement. This means that no payment, incfFrdit~g those marked with apaid in fuA" or with arty offer ree words, shah operate as an accord and satfsfactian wi~totct the prior written approval at one of our senior offir.8rs. You may net use a postdated check fo make a payment. ff yott do postdate a payment cheek, we may elect to honor ~ bpon presentment or return it uncredited to the person that presented it, without. in either case waiting for the c3~•-te sfx~wn on the check.l~Ee are naf liable fo you for any loss ar r+'~urred py you arising out of the action we elect #a ~ erase 3€1. PAYt~'Ei~#T Ff®LIDAYS ~afrfQ REDUCED F~AYtlrgEi'~T CgFc • Vi'e may a1[ocu you, from time to time, to omit a ~n~,(y payment ar make a reduced payment. We wilt notify you,~en these options. are available. If you omit a payment or n12ke a reduced payment. finance charges,. applicable fees, and att7er regular #ransactions, if any, will accrue on .your account balances in accordance with this Agreement The reduced Payment amount may be less than your finance charges. l,'ou must make the reduced payment on time to :avoid a fate fey. You must resume making your regular Tota! A+iinimurri payn~..nt Due each month totfowing a payment holiday oc redu~~ payment offer. 31. YOUR GREDET Lff1~6T Your credit firnit is dsclosed to you when you ~eive your card and, generally, an each monthly statement. ~e may change your credit Eimit from ffine fo time. The an•~oUr,{ sho,~rn on your monthly statemenf as Cash or Credit fivailabfe does not take fnto account any Purcf~ases, Gash Advances, finance charges, fees, any other transactions, or credits whcft post to your account after the Closing Bate of that monthly statement: Such transactions could. result in your credit limit being exceeded and result in the'assessmenf of Ovedirnit Fees,.{~ at .Promotional Rates, and Default Pricing, 32 Wf-11~T fNE filt~Y i~E? 1F YOCI ~TTEMt'T TO E~CE~Q YOUR CREDIT LltVttT The total ,outstanding balance on your account .plus authorizations at any time must not be more than your eredrt limit. If you attempt a transaction which. results fn your t©tal outstanding balance (plus authorizations) exceeding 'your credt limit, we may_ (1) permit the transaction withauf raising your credit limit,' (2) permit the transaction .and treat the amount of the transaction that is more Phan the credit iiFnit as immediately due; or (3) refuse to permit the transaction, if we refuse to permit the transaction, we may advise the perm who attempted the, transaction that it has been refused. ff we refuse to permit a Check Cash Advance or Balance Transfer, we may do so by advising the person presenting the Check Cash Advance or Balance Transfer that credit has teen refused, thaCfhere ate ir~sufficfent funds to pay the Check Gash Advance or Balance Transfer, or in any other manner L i . .y z If we have previously permitted you to exceed your credit limit, it does not mean that we will permit you to exceed your cs2dit limit agrain. If we decide fopermit you to exceed your credit limit, which could trigger apromotion turn-off event, we may also charge an Overlimit Fee and/or apply Default Pricing as provided in this Agreement. 33. tRfE. FttiAY At~Et,&d TFffS A~f~EEt`,~ENT We may amend this•Agreement at any time. We may amend it by adding, deleting, ar changing provisions of this Agreement. We enay .increase or decrease any or alt of your APRs. We may increase any or all of your APBs to rates which exceed the Default Rate. When we amend this Agreement we v~rfji comply with the applicable notice .requirements of federal and Delaware law that are in effect at that time. The amended Agreement (including any higher role or other higher charges or fees) will apply to the total. outsfandng balance, including the balance existing before the amendment became effective. if an amendment gives you the opport;mity to reject the change, andrf you reject the change in the manner provided in such amendment, ~~e ;may ~' terminate your right to receive credit and may ask you to return all credit devices as a condition of your rejection. We may replace your card with another card at anytime. 34. LiVf Pc~lliY SUSPI`!VD UR GLOSE yOUk~ ACCOUNT INe may suspend or close your account or otherwise terminate your right to use your account. 1Ne may do Phis at any 'time and for any reason.Your obligations under 'this Agreement continue even after we have done this. You must destroy al! cards, access checks or other credit .devices on the account when we request 3~. Yi7lJ idlAY CLt3SE YOUR' a!SCCOUNT You gray close .your account by notifying us in writing or by telephdrae, and destroying all cards, access checks or other credit .devices on the account. Your obligations under this Agree;Went continue even after you have done this. 38. TRAhDSACTlONS AFTER FOUR ACCOUNT IS CLdSED When' your account is closed, you must contact anyone authorized to' charge transactions fo your .account, such `as ,Internet service providers,; .health clubs or insurance companies. These transactions may continue to be charged o your 2ccoun#'until you change ;the billing. Also, if we belierie you h~va authorized a transaction or are attempting to use your .account after you have requested to -close the account,. we may allow the transaction'io be charged to your account. 37. REFUSAL TO HOtdOR YOUR ACCOUNT We are not liable for any refus2f o honor your.account. This can include a refusal to honor',your card or account number or any check wriften on your account. We are not liable for any retention of your card by us dry other financial instihstion, or any provider of goods orsetvices. i ~' t ;~ ., ;~ ~~ ;l ii 'sTCX. F~9`.iYY YE~U iV[ffY ~ CF.i'C' fr-PSF Illi~e 1 f ®~ ~~ NiCCrt=.TJ [„eF. i~~ic51 Yo€~ may request a stop payment on an access check by pn~viding us wifh fhe access check number, dollar amourif, and pa~+ee exactly as they appear on the access check. Orali and written stop payment requests an an access check are etfecinve for siX months from the day that we place the stop payment. ~3:~®U M~€Y f~C3T RCPSTE~~~E t5hd ACCESS CFfEC~ Yorr may not issue a postdated access check on youracco.~nt. if you do postdate an access check, we may elecf fo honer ft up~t presentment or return it unpaid #o the person that presented ft to us far payment, without in either case waiting far tfte date sftcvart on fhe access check. YVe are not liobte to you for any {oss or expense incurred by you arising out of the action we elect to fake. 4t}.TRAf~5ACTtO~FS MADE (fd F{31~E1C~! CUi~l~l_~tt;tES If you make a transaction in a foreign currency, the transaction with be converted by Uisa Pnternafional or fJPasterCard [ntemational, depending on which card. you use, in#a a tJ.S. dollar .amount in accordance with the operating regulations or cflrversion procedures in effect of the time that the transaction is processed. Currently, those regulations and. procedures provide that the currency conversion raie to be used is either (1) a wholesale market rate or {2) a government-mandated rate in effect one day prior to the processing .:date. The currency conversion rate in effect on the processing :date may differ from the rate. in effect on the transaction date or the pasting date. 41.8EN1l=FITS Vice may. offer you certain benefits and services or~rth your account Any benefits ar services are not a part of this Agreement, but are subject to the terms and restrictions outiined in the benefits brochure and other official. documents provided to you from time fo time by or on behalf of Ft1~CS. While any benefits ar services described in the previous s~ttence are .not a part of this Agreement,. any ctaiin or dispute related to any such benefit or service shat! be subject to the Arbitration and Litigation section of this Agreentiertt_ We may adjust, add, or delete benefits and services at arry time and wiihout notice to you. ~2l~ifE t1+EAY SELL YOUR ACCOUNT We may at :any time, and without notice to you, sell;. assign or ,transfer. your account, any sums due on your account, this Agreement, or.our rights or obligations under your account or thfs Agreement to anypersan or enfity. The person ar entity to- whom we make any such sale, assignment or transfer shall be enrolled to elf of our righ#s andior obligations under this Agreement, to the extent sold, assigned or transferred. ~3.YOU MUST drlt3Tlf=Y f!S WIiElJYOU CHAtdGEYQ[1Fi f~tJDRESS Vice strive #o keep accurate records for your benefit and ours. The post office and others may notify us of a change to your • -~ 1 • • ~ ~ - t f address. tNhen You change your address, you must notify us promptly of your new address. ~4. t~EEAT ~ AP'I?1`tES This Agreement is made in Delaware and we extend creca"t to you from E?eEa~rare. This Agreement is gavemed by the ia~vs of the State of E7ela~rare (vrithout regard to its conflict of tavrs principles) and by any applicable federal laws. 45.'fE~tE €+RQf(ISIQE~E5 GP TF11S AGE~EE£sta~l~Ti' Af~~ ~~ SE'~EE3ABLE !f ~-ry provision of this Agreement is found to be invalid, the . remaining provisions wiA continue to be effective. 46. C2UR E~tG4iTS CC3i~1Tl1JUE Ovr failure or delay in .exercising any of our rights under this Agreement does not mean that nee are unab{e to exercise moose rights later. ~T. t1E~At~TE-1~31~EZEC? tISE QP ~'Cl3R CARfl Please notify us immediately of the. toss, theft, or po~ble unauthorized use of your• account at (SOOj 732-9YS4 and (Sfl0) 681-2803#or Spanish. ~8_ ARBITRI~Tlt]W AhEd LfTIGATIQBJ This Arbittratian ,and ttigation provision applies to .you. unless you were .given the opportunity to reject the Arbitration and Litigation provisions and you did so reject them in the manner. and' timeframe ,required. If you did reject effectively such a provision, you agreed 'hat any litigation brought by you against us regarding this account. or this Agreement shall be brought `sn a court located in the State of Delaware. Any cta'rm or dspute (" Claim's by either you or us against the other, •or against the empiayees, .agents or assigns of the other, arisir4g'from ar relating in any way to this Agreement `or any prior Agreement or your account (whether under a statute, i~ contract, tort, or .otherwise and whether fior money damages, penalties or declaratory ar equitable relief, shall, upon election by .either. you or us, be resolved. by birxling arbitration. The arbitrator. shall resolve. any Claims, including the applicabif'~ty of'.this Arbitration and Litigation Section or the validity of the entire Agreement or any prior Agreement, except for any Claim challenging the validity of the Glass Action Nllaiver, which shoji be decided by a court.' !n addition, we tnrilt not choose to arbitrate an individual CEaim that you rbring against us in small claims court or an equivalent court, if any. but if that Claim is ,transferred, removed or appealed to a different court, we then haue the right to choose arbitration. Arbitration: shall take place before a single arbitrator and on an fndividuat' basis without`resort to any tomZ af''c4ass action. ~ Arbitration may be selected at any time unless a }udgment has been rendered or the other party would suffer substantial prejUdlce by the ;delay in 8emanding arbitration. i ..' i T`ee arbitration shall be conducted by the Natiohal arbitration F€rrurn (°NAF"), under the Code o'€ Procedure in effect. of th,e tires tfte Claim is Bled. Rules and farms of ifie National ArbTration Forum may be obtained and Glaims-may be filed ', at any National Arbitration Forum affice, ww~.afb- 'I tts€.coen, or P.O. Box 50i 41, fUiinneapolis, Mfnne~ta 5, telephone j8t30) 474-2371. if the I~AF is unable or tmKn~i'ing to act as arbitrator, wre may substitute another rratiastally recognized, independent. arbitration.. organiza€ifln that eases a s"smilax code of procedure. At your written request, wie r~71 advance any arbitration filing fee, administrative and ~, Rearing tees which you are required to pay to pursue: a Claim . in arbitration.. The arbitrator will decide who. will be uttilnateiy responsible for paying those fees. if you. fife a claim against " us, in no event will you be required to reimburse us for any arbs'fration .filing, administrative or hearing fees in an arnaunt gre~~ter than what your court casts would have been it ~e C€a'srre had been resolvad in a slate court with jurisdiction. Any arbitration hearing at which you appear wilt take place wftl3in the federal judicial district that includes yo~sr~ bitting address at the time the Claim is filed. This arbitration agraemerit is made pursuant to a transaction involving interstate commerce, and sha!! be governed 'by the Federal Arbiitration Act, 9 U.S.C. §§ 1-t6 (°FAA"). Jeidgment upon any arbitration award may be entered in any court hawing jiurisdcction. The arbitrator shaiE follows exis#ing subs#antirre law to the' extent consis#ent with the FAR and applicable s#afutes of limitations and shalt honor .any claims or prive7ege recognized by fa~v. !f any party, requests, the arbitrator shatl varite an opinion containing the reasons for .the award. hio Claim submitted to arbitration is heard by a jury qr rrtay be broslght as ' a ,class action or as a private attorney ger~ral_ tau da not'have the right to acf as a class representatiSrre or p~cipate as.a rrzernber of a class of claimants with respect to arry_Claim submitted to arbitration jGlass Action t~faiver). Ttze parties 'to this Agreement acknowledge that the Crass fiction Waiver is material and essential to the arbitratonof any dsputes between the parties and is nonseverable from this. agre=.ement to arbitrate Claims, if the Class Action Utra~ver is limited, uoided or found unenforceable, then the parties' ~~ a€dreement to arbitrate {except for this sentence) shall be Wait and void with respect to such proceedng, subjec# to the right to appeal the limitation or invalidation of'the Class Act'wn yifaever. The Parties acfcnov~ledge and agree that under no eincasmstances ,will a ciass'!actiare'`be arbitrated. r TIPS Arbitra#ion and .:Litigation Section applies fo a!I Claims raw in existence or that 'may! .arise in :the future. 'This ', Arbitration and Litigation Section shalt survive the termination of your account with us as,';weli as any voluntary payment of the debt in 'full by you, any bankruptcy by you or sale` of the j debt by us. i t=or tits purposes of this Arbitration and Litigation ~e,tior~, `ire" and ¢us° . means F1A Card ~e,-vices, Ist.~., its parent, ' subsidiaries, afiitiates, licensees, predecessors, successors, assigns, and any purchaser of your account, and all of #heir . ~ ottrcers, directors, employees, agents and assigns or any acid alt of them. Addi#ional!y, `fie" or us"shall. mean any third pasty • .. ;; providing benefits, services, o[ products in connection with the ~' account Cr~cludinq but not limited to csed!t bureaus, merchants . .: - _ .~ that a€xx~pt any credit device. issued under thn account, . revrards or enrollment services,. credit insurance companies, debt ooilectors and all of their oiiicers, directtsrs, errEployees • ~ ~d agents) if, and only if, such a third as a co-defendant in any Claim you assert ass fed by you gainst us. ~U ~D~RSTAND ~iVD &~E~~E T lF EFfR YCD DR . , ~E EIECT "f'O ARRtTR.~.YE A Gt~tfrJt, Tf4tS f~RAT10N . S~CTi€?N FRECLt1t3F5 YQLD D US FJ~fk~tt t-tA~BA#~ A . ~~(' EAR l'~PPC3E~Tt,tF5tt3Y TO LfiICxATE GL~:if~ T~'RCL~CF~ • t:f3tfr'tT, ©L~3 TD I~EkIZTICtP'ATF CFi &F pSEI=1~€S~§'t'E17 tJ~ . ~ ~ ~~Tit~Ea FILED tfd Ct741RT f~Y k3Tt-OEE3S. E~CEi=T AS . ~~~tSE ~F~t3Vit3E[) ADC?~fE, ALL. CLAtf,~,S fiPiUST t3E ' F~1=S€iLV~D T:-tl~O{1LaEi ~RE~Sfi'~tATtt:3N 6f= yC}{! t~~ ~,rF Et_E~T . TQ ~ER~f~,~T1=. .. ~ Y~E~R t~l3~~t~~ ~~~~TS .. ~~p This Notice. for Future Use: This ndtice contains imiwrtant information about your rights and our responsibififies . under the Fair Credit Silting Act. Not¢iy Eis frt Case of Errors or (questions Doug ~!ocrr Slit; if you think your bill is wrong, ar if you need more fnfom-,ation ~ • • about a transaction on your bill, write us on a separate sheot . (or use a copy of the form provided on your ..bill) of FtA: Card . ~ .. Services, N.A., P.Q, Sox ~5U26, Wilmington, t?E 1S8~t?. Write • to us as soon as possible. Uo -not send the ngtice on Qr tivith your payment. We must hear from you, no later than 8U days after we sent you the first biB on ~hictt the transaction or error aPpeared_ You', can telephone us, but doing so ~srit!' not ~ Preserve your rights. !n your letter, give us the following. iriforFnation: (t) your name and accountnumber, (2} the dollar amount of the suspected error; (3) the'. posting date of the transactianrn question; .:and (4) a description of tfte error and an explanation, if yon can of why you believe there is • • ~ error. ff you need more nfommation, describe tt-ie item. you<are ~ J not sure abaut. if you have author!ted us to pay your: credit card :bill automatically from your savings or checking account Frith us, you can ,stop the payment on any amount you think is wrong. i To stop Fhe payment your letter must reach. us tFat~ ~uslness days 6efare the automatic payment is scheduled to.occur,; s . •~ _ .~ t r f ..; .Your Ftfgtets and Qur Respae;sti~66itfes after We Receive Yaur'~'rftten 6~4etice: We must acknowledge your fetter within 30 days, unless we have corrected the error by then. W'sthin f30 days, wa must either correct the error or explain why we believe the bill was correct. After we receive your letter, ure cannot try to collect any amount you question or report you as delinquent: We can continue to bill you for the amouc-t you question, including finance charges, and we can apply any unfsaid amount against your credit limit. You do net have to pay' any questioner! amount while we are investigating, btst you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bit{, you: wiU .not have to pay any finance charges vela#ed to any questioned amount. {f we did not make a mistake, you may have fo pay finance charges, artd you wilt have to matte eap any. missed payments on the questioned amount. In sinter case, L~.~e wilt send you a statement of the amount you owe and the date that it is due. li you fall. to pay the amount that we thictk you owe, we may repottyou as delinquent. However, if our explanation does not satisfy you and you wri#e to us wfthfn twenty-five (25} days telling us that you still refuse to pay.. we must tel{ anyone we repctt you to that you have a question about year bill, and we must tell you the name of anyone-we repast you to.' We must. tell anyone we report you to that the mallet has been settled between us when it finally is. tf we do net follow these rules, we cannot cofiect the first $50 of tt~e questioned amount, even if your bill was correct 5fsec{al Rule far Credit Cecd Purchases: {f .you have a problem with the quality of the property or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or sendces. There are two [imitations an this sight: (1}'You must have made the purchase in .your home state or, if not tirithin your home state, v~~thin 100 mites of year current matting address; and (2) She purchase .price must have been more than $50. These limitations do not apply if we awn or operate the merchant, or if we mailed you the advertisement for the property or services. .~ n. .L C.~ggqqq Bank of Antienea. N.A. {USA) ® 200fi Bank of America f=a1-ctt2s-QUAf_ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 0 1 Sheriff c o Jody S Smith rn Co rn Chief Deputy ?- -0 Richard W Stewart r-.j w0 v C) f r Solicitor 0Ff,t E c THE ,-,RIFF <= -r, o- o o D C N rn D FIA Card Services [ -< vs. Case Number Carolyn L. Amon 2010-7086 SHERIFF'S RETURN OF SERVICE 11/17/2010 04:11 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on November 17, 2010 at 1611 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Carolyn L. Amon, by making known unto herself personally, at 619 Mallard Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 November 18, 2010 RYAN BURGETT, bEPUTY7 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sherff, Teleosoft. Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIA CARD SERVICES, N.A. Plaintiff vs. CAROLYN L AMON 619 MALLARD RD CAMP HILL PA 17011-1220 ' Defendant CIVIL DIVISION NO: 10-7086 PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE CLERK OF JUDICIAL RECORDS: M :r- C:) Kindly enter judgment by default for failure to respond to Plaintiff's Complaint in the amount of $35,595.70. Notice of the intent to file a default judgment was served upon the Defendant on January 14, 2011. A copy of the Notice of Intent to Take Default Judgment is attached hereto and marked Exhibit "A." Edwin A. A?rahamsen & Ass s, P.C. Attorney I.D. No.: 86285 Attorney for Plaintiff an,? i1y.00 ?d Gy Ck? 18 a So JUDGMENT X58 ! 4 D AND NOW, this day of 520 1t, Jud ent is hereby entered in favor of the Plaintiff, FIA CARD SERVICES, N.A. ahd against the Defendant CAR in the amount of $35,595.70 for failure to respond to Plaintiff's Complaint. OLYN L AMON PROTH TARY J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIA CARD SERVICES, N.A. Plaintiff vs. CAROLYN L AMON 619 MALLARD RD CAMP HILL PA 17011-1220 Defendant , CIVIL DIVISION NO: 10-7086 CERTIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on the date indicated below, I served a copy of the Praecipe for Entry of Default Judgment in the above captioned matter by mailing the same via First Class United States mail, postage prepaid addressed as follows: CAROLYN L AMON 619 MALLARD RD CAMP HILL PA 17011-1220 Date: February 11, 2011 Edwin A. Abrahamsen & Associates, P.C. Michael V. Ratchford, Esquire Attorney I.D. No.: 86285 120 N. Keyser Avenue Scranton, PA 18504 (570) 558-5510 / FIA CARD SERVICES, N.A. In the Court of Common Pleas of Plaintiff CUMBERLAND County, Pennsylvania Civil Division vs. CAROLYN L AMON 619 MALLARD RD CAMP HILL PA 17011-1220 Defendant State of Pennsylvania County of CUMBERLAND SS: NO: 10-7086 AFFIDAVIT UNDER SOLDIERS AND SAILORS RELIEF CIVIL RELIEF ACT OF 1940 AS AMENDED Michael F. Ratchford, Esquire being duly sworn according to law deposes and says that the above named defendant(s): CAROLYN L AMON is(are) not in the military service of the United States of America as defined by the Soldiers' and Sailors' Civil Relief Act of 1940 as amended; That the defendant(s): CAROLYN L AMON is(are) older than eighteen years of age; That the employment status of the defendant(s): CAROLYN L AMON is(are) unknown. q mw ,; ,,_ ACC r'r( EOVAN A. ' WAHAMSEN MICHAEL F. R417WORD HEXTHEE Y..:".rGUDR! OFF" A. HEhBER :,F FL E-AR THE LAW OFFICE OF EDWIN k..aER-aMkhf?EN S PC' WWW.EAA•LAWX'01v1 January 14, 2011 CAROLYN L AMON 619 MALLARD RD CAMP HILL PA 17011-1220 Re: FIA CARD SERVICES, N.A. v. CAROLYN L AMON CUMBERLAND County Civil Action No.:10-7086 Our file No.: N1017852/TJM Dear CAROLYN L AMON: Enclosed please find the Ten Day Notice of Intent to Take Default in regard to the above- noted matter. Please act accordingly. If you have any questions or wish to discuss your outstanding account, please contact me at (570) 558-5510. Edwin A. Abrahamsen & Associates, Kevin J. Cummings, Esquire Enclosure This is a communication from a debt collector in an attempt to collect a debt. Any information will be used for that purpose. 120 N KEYSER AVE SCRANTON, PA 18504 (P) 510.558.5510 (F) 510.558.5511 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIA CARD SERVICES, N.A. Plaintiff : CIVIL ACTION vs. CAROLYN L AMON : NO: 10-7086 Defendant : TEN DAY NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT To: CAROLYN L AMON 619 MALLARD RD CAMP HILL PA 17011-1220 Date of Notice: January 14, 2011 IMPORTANT NOTICE PURSUANT TO PA.R.C.P. 237.1(a)(2) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER AN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 717-243-9400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIA CARD SERVICES, N.A. Plaintiff vs. CAROLYN L AMON Defendant CIVIL ACTION NO: 10-7086 CERIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on January 14, 2011 1 served a copy of the Ten Day Notice of Intent to Take Default in the above captioned matter by mailing the same via First Class United States mail, postage prepaid addressed as follows: CAROLYN L AMON 619 MALLARD RD CAMP HILL PA 17011-1220 Edwin A. Abrahamsen & Associates, RC. 13Y:;? Michael F. Ratchford, Esquire Attorney I.D. No.: 86285 Kevin J. Cummings, Esquire Attorney I.D. No.: 209660 120 N Keyser Avenue Scranton, PA 18504 (570) 558-5510 Request for Military Status Department of Defense Manpower Data Center AddihL W Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Apr-14-2011 10:48:55 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency AMON CAROLYN Based on the information you have furnished, the DMDC does not possess L any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). % 14 6 4t fit. jJ(Alj4#j- 40??_ Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL htti)://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 4/14/2011 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:NP2S953TOU https://www.dmdc.osd.mil/appj/scra/popreport.do 4/14/2011