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HomeMy WebLinkAbout11-0145IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIA CARD SERVICES, N.A. 655 PAPERMILL ROAD NEWARK, DE 19711 VS. MARY A MEHRPUYAN Plaintiff CIVIL ACTION c3 • ,~, ~, ~, -~ ~ s ~ ~ r "Q c, 1 ~ ~ ~. J ~ 9 Q "~ f `~' f ~rn = ~ ..,~ cp -~ 35 DEVONSHIRE SQUARE MECHANICSBURG PA 17050-6878 Defendant NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice to Defend aze served, by entering a written appeazance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You aze wazned 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 C.AN 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 ~y~Da~ ~~I gRa C~#-lu~e~fs ~}a533S7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIA CARD SERVICES, N.A. 655 PAPERMILL ROAD NEWARK, DE 19711 vs. CIVIL ACTION Plaintiff NO: MARY A MEHRPUYAN 35 DEVONSHIRE SQUARE MECHANICSBURG PA 17050-6878 Defendant COMPLAINT Plaintiff, FIA CARD SERVICES, N.A. , by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, FIA CARD SERVICES, N.A. , (hereinafter "Plaintiff') is a corporation with a principal place of business located at 655 PAPERMILL ROADNEWARK, DE 19711 2. The Defendant MARY A MEHRPUYAN (hereinafter "Defendant") is an adult individual residing at 35 DEVONSHIRE SQUARE MECHANICSBURG PA 17050-6878. 3. At all relevant times herein, Plaintiff was engaged in the business of debt purchase and collection. 4. Defendant applied for and received a credit card issued by FIA CARD SERVICES, N.A. with the account number 5466320999167651. 5. Use of the FIA CARD SERVICES, N.A. credit card was subject to the terms and considerations of the Cardmember Agreement (hereinafter "Agreement"), a copy of which was sent to the Defendant along with the credit card. 6. Defendant used the FIA CARD SERVICES, N.A. credit card account numberS466320999167651, 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 and 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 February 28, 2010. 10. The total amount due and owing the Plaintiff including interest, is $13,828.42. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $13,828.42 plus costs of suit and any other relief as the Court deems just and appropriate. submitted, ' ~'wi amsen & Assc Mic ael .Ratchford, Esquire Atto ey I.D. Nos.: 86285 120 North Keyser Ave. Scranton, PA 18504 mratchford@eaa-law. co Phone: S70-SS8-SS10 • Fax: S70-SS8-SS11 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. 4904. . ~~r- P ~ ~.. ~~f. t ~... ~_ i} i I~oRT~r ~loslcE ®F ~i~ar~~E ~ rs t3anic of America Corporation and M13NA Corporation are pleased to announce our merger. In bringing the organizations together. we are cxeating a credit card bank brat wnlt provide our a~omers wrlh a greater range of financial solul3ons than ever before. We are c~sotidating our credit card program into one bank F1A Card Services, NA. As a resuff. beginning October 19.2006 (the "Effective Date', Your Hank of America credit cad account wtit be issued and administered by FIA Card Services. NA This document, together with the Supplement To The Notice Of Change to Terms on the enclosed statement, is your new "Credit Card AgreemerrY' and replaces in whole. on the Effective Date, your existing Cardholder Agreement and will apply to ail new and oulstandng balances. Please read these documerts carefully and retain them for your records. Except for Section 12 and Section 13, all of the changes below wdl apply to your account as of the fast day of your billing cycle that includes the Effective Date. Sections 12 and 13 w~ apply to your account as of the Effective Date. As a part of the transition, we wt8 be restructuring your arxount batarx,~es into four balance categories (as newly defined yoeu Cnairt Card Agreement}: Category q. far Check Cash Advances and Balance Transfers; Category B, for Bank and ATM Cash Advarx~ Category C far Purchases; and Category D for Other Balances. !n some cases we un'ti c~r~oGdate existing balances irk a single balance category. When we do so. we wE honor, or lower, the erasting Annual Percentage Rms. 9 am- n9 PrOnlationai rates or default rates that rrray be ava8able on this account. CEI;F.E31T CARD IiGREEirEF~IT We reserve the right to change the terrtss of this Agseemerrt at arty time, as further described in the following sectiions: 8slattce~ CategorJes and We May Amend Ilrls Agreeme~ 1. YOUR CONTRIkCT WtFli US YourAgeement with us consists of this Credit Card Agreement and arty we matte to it from time to tune. The terms of this Agrecenent apply to you 'rf any of you applied for and were granted an account, used the account; mairrtained the account, andJor othesvvise accepted the account. You agree to the temu and car rx~Cns of this Agreement .....~. _.. M ~ , ' F01-C1i25-DUAL Bann of Amaira, N.A. tUS/u O 2006 t3ank of America .; f . t 1 i t 2 I1SF~? OFTEN IfvtTFitS /4G€i<EEA~BiFT t means an access d~edc we prviride to you to mate; a Chedt Cash Advance on your a `AgreernerrC' a `Credit Card Agreement' rn~r:g his docxurrent and airy dranges we make to this document from time b tune, `APR' means the corresponding AnnuaE Peroerdage Rate. The APR corresponds m the DaOy Periodic Rate (`DPR~ w!~ is calculated by dividing the correspondir~ APR by 36':. `Cars means all the cxedd cards we issue ~ you and to any a~rer person with authorization for use on this arxount pursuant to this Agreement. `Cash Advance' means the use of your account for a loan obtainer (t) at an automated teller machine (`ATM Cash Advance"}; (2) try a transfer of funds initiated by us at your request (`Ba~nce Transfer"'); (~ at any financial institution (e.g., to obtaks cash, • money orders, or travelers checks), inducting overdradt transactions if this account is eligible for and property erttolled !n an overdraft pra~tection program, ai any non-fs~ai won (to obtain rash}. or for any payment you make to us that is returned to us .unpaid for any reason, inducting the related finance dirges (Bank Cash Advanca'~; (4j by an access check you sign as drawer ('Check Cash Advance'). 'Cash Advance" includes Transaction Fees and adjustments associated with any Cash Advance. `De4auft Rate' means the APR which may be applied without featirer notice to your account to certain 'ssst~ances of your dam, as descnbed in the section tilled, Deli Pricing. `For~gn Transaction' means any trarrsac~on made in a foreign currency (including, for example.. online purchases fray fsxeign merchants). 'Yarace Period' means the period of time during a billing cycle when you wiH not accrue Periofic Raba Finance Charges on r~rtain transactions or balances. '1Ve~uv t3alanoe Total" means the total billed asrbs,int as of the C'bsQg Date of a btiCa~g cycle. as shown on yore monthly sta~rnent. To determine the New Balance Total. we start witir the taQat balance at the beginning of the bilexi cycle, which is ihe'Previou5 Balar>ce "Then WB subtract payrrierAS and . Ttteri rve add Cash Advances, Purdiases and l Charges, 'Pay ir- Fu1P or "Paid in Futi" means payments aril credits in a bang cycle totaling at least your previous brllirg cycle's New Balance Total. !n general. Pay in Full must be made by the Payment Due Date in order to get a Grace Period. ' ~ } ;, . . ... ! ~ • . ' . i "Proma~or-al Rate' means a temporary APR that may be offered osr a balance category for a designated time period, and may be subject to other cand'~tions. `Purchase" means the use of your card or account number to: (i) burr or tease goods or services; (2) buy 'Cash Equivalents' {i.e., foreign currenry, money orders ar travelers checks from anon-financtal institution, ar wire ts~esfers, oui-of-networtc bill payments made through FIACSs o~ntina bifi payment service, person to person money trats, bets, lottery tickets, or casino gaming chips) from any self other than a financial inst>tution; and ~ (3} make a transaction that is not otherwise a Cash Advance. °Purc~iase' indudes Account Fees, as weq as Transaction Fees and adjustments associated with any Purchase. °We,` mss,' "our," and "FtACS" mean FIA Card Services, N.A., also Eario+Nn as Bank of America. `You' and 'your" mean each and all of ~e parsons who are grar~sd, accept or use an account we hold. "You' and 'your' also mean any other person who has guaranteed payment of thss account, when used in the sections titled, Your Contrail 1~ tJs. We May Monitor and Record Telephone Calls, and A and Litlgattion, and when used in each of the seems relating to payment of this account (e.g., Your Premt~e to Pay, and How We Allocate Your Payments}. We t+~ use the definitions described under the section head Words Used Often In This Agreement or as otherwise delved in this Agreement !f we use a capitaC¢ed term in this daaunent but we do not define the term in this document, the term has the meaning as used in your monthly statement We use section headings (e.g.. Words Used C-ften in This fit) to organize this Agreement The headings are for reference purposes only. ~ 6{tLR.NCE CATEGORIES Wfren a Cash Advance or Purchase transaction occurs, we add lire amount of the transaction and any associated finance dtarges, to one of the following balance categories: f~egory A - Balance Transfers and Check Cash Advances Category B -ATM Cash Advances and Bank Cash Advances Category C'- Purchases CatSagory D -Other Balances Frain tone to time, we may move certain balances from one category to another (for example, so we can accommodate prarrro6onal temps), and we wil' tell you when we do. Eadt balance category has its own APR. Aq rates are subject to orange. In addition to the Annual PlerGerrtage Rate sect3or>. please see how we may change the rates em your ac~uM in >tre section titled, We May Amend This Agreement s 4. p;NNI:LAI! PERCENTAGE RATES See S~pieinent 7o The f~6affce t?f Change In Terms on the enclosed sEaterner~t S, QIi.T PRIC1Nf3 See Spent Ta The Notice Of Change In Ter~rres on the enclosed statemenrt. li. CALCt,ELA'['ION OF PER{ODlC RATE FINA~E~~ balance We ate Periodic Rate Finance Charges Y I)'y multiplying its Balance Subject to Finance Charge try the applicable DPR and that result by the number of days in the bs'9ir~g cycle. 7. Bfl.tlNG CYCLE Your bring cycle ends each month on a Closing Date determined by us. F~ch billing cycle begins on the day af6er the Cbsing Date of the previous billing cycle. Each montt•sly statersrer-t reflects a single bilfu-g cycle. 8.th€EfEN PERIODIC RATE FlPlANCE CitARGES BEGIN TO ACCRDE Each new Category A and Category $ Cash Advance begins to accrue Periodic Rake Finance Charges on its transaction dabs, Category A and Category B balances remaining from previors telling cycles accrue Period'+c Rate Fuaance Charges from the first day of the tx'q'mg cycle. The transaction date for Check Cash Advances and Balance Transfers made by check is the date the deck is fast deposited or cashed. The transaction date for a retained payment (a Bank Cash Adrrance) is the date that the cerrespondng payment posted to y+ora account. Urdess subject io a Grace Period, each new Category C Purchase and each new Category D Other Balance begins to aaxus Periodic Rats Finance Charges on its~transaction date or the lust day of the being ryde, whid~ever date is later. l7ntess subject to a Gracs Period, Category C balances and Category D balances remaining from previous billing cycles aorsue Periodic Rate Finance Charges from the first day of the bfi'mg cycle. When applicable, Periodic Rate Fnance Gharges accrue daDy and compound daily an new balances. and balances remaining ftom previous billing cycles, in each balance c~egory. Periodic Rate Fnance Charges will continue to coccus even though you have paid the iu9 amount of any relai~c! balances in a balance category because we include any accxued but unpaid finance charges in the calculation of the Balance Subject to Finance Charge. Your Payment Due Date wi8 be at least 20 days from your statement Closing Date. 4. GFtAiCE PERIOD Ses Supplement To The Notice Of Change In Terms act the enclosed statement tar complete terms. i i 1 I 1 I , 1Q~ CALCtJE.ATiC~i C1F 1310.l.ANCF~S SEIBJECT TO FiNAWCE f~IARGE Categories Aand B -Average Balance method (iradvding new Cash Advances) Vt€e elate separate Balances Subject to Finance Charge for Category A balances and Category S balances. We r,~~late the Balance Subject to Frnance Charge for each of these balance categories by. (1 } calculating a daily balance far each day in the current billing cycle; (2) calculating a dar'~r balance for each day Prior to the current billing cycle that had a `Pre-Cycle Cash Advance' balance (a Pre-cycle Cash Advance is a Cash Advance with a transaction date prior to the current billing cycle but wrlh a posting date wfihfi the current billing cycle); (3) adding all the daffy bafarxes together, and (4} dirritGng the sure of the dally balances by the number of days in the current billing cycle. To calculate the daay balance for each day in the current bGlrng cycle. we take the beginning balance, add an amount equal to the applirabte Deity Periodc Rate multiplied by the previous dais dally- balance, add new Cash Advances and Transaction Fees, and subtract applicable payments and credr~s. tf any daily balance is less than zero we treat it as zero. To calculate a daily balance for each day prior to the current bil6rxj cycle that had aPre-Cycle Cash Advance balance. we take the beginning balance aifibutable solely to Pre-Cycle Cash Advances (wtych wiU be zero on the transaction date of the first Pre-G~rde Cash Advance}N add an amount equal to the aPPl~able Daily Periodic Rate multiplied by the previous day's daffy balance, and add only the applicable Pry-G~-de Cash Advances, and their related Transaction Fees. We exclude from this calculation akl transactions ¢osted in previous billing cycles. Categories Card D -Average t}atly Balance Method (induding new transactions) See Supplement To The Notice tJf Change to Terms on the erdosed statement far complete terms. 11. MINIMt1M FlNANCE CHARGE See SupplernentToThe Notice Of~Change lnTernts on the enclosed statement far complete terms. 12TRANSACTf~N FEE FlNANCE CHARGES See SupplementToThe Notice Of Change InTentes on the enclosed statement for complete terms. 13. pCCt3UNT FEES See Supplement To The Notice f?f Change [n Terms on the enclosed statement for a complete list of fees. i4.OVERDRAFT PROTECTfON if your dzedting account wdh Bar~It oI America is lbniced to ttus acoour~ this oveniraft protection feature rnn71 a0ow funds to be transfern~ ('overdraft protection transfers"} from the accarnt into yow designated cheddng account with Bank of America r >! t i i {`dsedang axour~ when transactions occur an your checkng acoaES~tt, such as checks or other debfts, that if paid would j cause the cheddng account to be overdrawn ("overdraft tons'. Overdraft protection transfers indude automata ~ io cover keg account fees. Overdraft protein ira~ers are processed after dose of twsiness Monday through Friday and are treated as Category B Cash Advances. Each day's overdraft transactions w~ be totaled and rounded to iFie next X100 ($25 if you opened your checking account in Washington or Idaho) irxxement up to your available cred~t regarr~r9ess of who initiated the overdraft transactions. For exafnple, if your checking account has a balance of $t.OQ and a d~edc or other debit item for $125 is presented for paymeirt, witidt ff paid would cause your checking account to be oveidra~in, an Overdraft protection transfer of $200 will be made to your dtecidng account and a Bank Cash Advance of $200 wig past to this account The amount of ava~labie credo an thus aaxwrd must be sufficerit to cover the total amount of overdraft tratrsai=lions (received by Batik of America that day) rourxted to the next ~i00 increment (but excluding any overdraft protection fee); otflerwise one or more of the overdraft transactions for that day v~ be rejected. However, d tlt~ ava8abte credit on this aoooturt is greater than the overdraft transaction amount but the available credd is insufficient for the overdraft transaction amount to be rounded to the next $100 increment, then ffie amount of the overdraft transaction win be rounded fp the highest whole dogar amoix>t of your available credit. (And 'rt such an everrt, the aaxued finance charges may resuR in an OsieiGrtift Fee.) We may pemut or refuse to psrrrut any overdraft prc~Eection transfer that would cause you b exceed the credit Cer~ on taus accourt~ lwt if we pemiil it, you may be assessed an f]verGnit Fee during the bitting cycle in wtuch the occurs. This overdraft protection feature wi8 automaticaity f~ canee8ed if this aocourd is dosed by eigter you or us, or at arty facie upon your request Your overdraft transactions rerrsaut sui~ject tD the feints of your dieddng aocourit with Bank of Rtnerica, any related enrdtrnent agreement. and this Agreement. 15. SIGN YOUR CARD You should sign your rxird betore you use it. 16. E[OW TO USE YOUR ACCOUNT You may obtain kxedit 6t the form of Purchases and Casts Advances by using cards, axes checks, your aecotint tauriber, or other kxedit devices. ~1T.1AFE IW4Y MONROR AND RECORD TELEPHONE CALLS Yau consent to and autftorixe FlACS, any of its affiliates, or its martceting associates to monitor andlar record any of your lelephflrie conversations with our representatives or the repneseritatives of any of those companies. Where you have provided a cell phone number directly to us, or placed a: ceti phone call to us, you consent and agree to accept collection cabs to your cell phone from us. For any telephone or cell phone calls we place to you, you consent and agree that r ~` i' ' i •. .s i .~ .~ rase calls may be automatically draled and/or use recorded messages. it3. CREDIT REPORTING AGt~fCII;S; COlLECTIIi~© AND SHARWG INFORMATION Yau authorize us to collect infomiatron about you in order to oondaxt our business and deGvei• the top quality service you expect. including information airs receive about yau, i~ftxmation we receive from third parties such as credit reporting agenaes and infommatfon about your trarsactions wit us and other companies. You authorize us to share such ih~tion about you or your account with our alfrl'iates and attys. You may have the ~ right ~ opt out of some information straying. For more detaGs, please refer to our Privacy Policy. g you bet~eve~we have furnished inscurate or incomplete i iyriorynation about you or your acxxui~ to a credrt reporting agency, write to us ai: FlA Card Services, N.A., Credit Reporting Agenaes, P.O. sox 17054, Wilmington, DE 198ti4- 7Q54. Please include your name, address, home phone number, and account number, aril explain what you believe is inaccurate or incomplete. 19. PURPOSES FOR USING YOUR .ElCCOUNT You may use your account for personal, family, or household purposes. You may not use your account for business or cossxnercial purposes. You may rxst use a Check Cash Advatxe, or any other Cash Advance, to make a payment on lhis or any other account wish us ar our affiliates. You may not usa or permit your account to be used to make any rllegal trar~tion. You roll orily use your aca~ra~t for transactions that era legal where you conduct them. For example. Internet gambling transactions may be in your state. Drsplay of a payment card k-ga by an on~ne merchant does rat mean that an Internet transaction is legal where you conduct rt We may charge your account for such transactions. We mB not be liable ~ you engage in an illegal transaction. We may deny ~myization of any transactiau ident~ri as Internet gambling. 2fJ. PERSONS USING YOUR ACCOUNT ff you pemv't any person to use your card. access checks, aocotmt number. or other credd device with the authorization to obtain credit on your axount, you may be Gable fvr aQ transactions made by that pers~r inducting transactions for whidr you may not have intended tc- be liable, even ~ the amoiuit of those transactions causes your cxedd t~ tp be exceeded. Autliorfzed users of this aorxxrni may have the same access to information about the account and its users as the acaowt hdders. We may send account materials (cards, statements and notices) to any liable party, and that person wrU be responsible for detrvering (hose materials to the other ifable parties aril authorized users. Natrce tQ any. of you w~ tle cxmsidered notice to as of you. You may aGow sutiiaized users on your account in the fogowing ~Y~ (~) by ^o~Nng us that you waM someone added io your aoaount as an authorized user, (2) by lending your card or aaour~d number to another; or • •' i i I (3) by arty other ways in w[ueh you would be legagy considered b have allowed another b use your account or to be IegaQy prever~ed from derrying that you did so. You must think carefugy bore you agow anyone to become an authorized user. BY doing so, you authorize the person to use your account to the soma extent you can, indr~ng but not limited to making any purdiases, cash advances. balance transfers and agowmg others to use your account. Your account does not pertnif you to Grnr1 the nature or amount of authoril)r you give to any atrgwrized user and you w~ not attempt to do so. An authorized Uses's authority wqI contfr'a.re until you both riOtify us that you are tertriinatirig the auftwtiiy and you phys~agy retrieve the card. If yo„ cannot retrieve the card, you w~ remain liable for ar~y transactions that we raru~ol prevent after you notify us. 21. YOUR Pl40MISE'L'fl PAY You promise to pay us the amounts of all credit you obtain, ~rhich includes aq Purchases and Cash Advances. You also promise to pay us a!I the amounts of finance charges, fees, and any other transactions we charge to your account. Ef a bank branch or office sponsors your account, you promise do PaY ~ ~Y unpaid account balance it pays us within 30 days. 2'L PAYMENTS ON YOUR ACCOUNT You must pay each month at feast the Total Minimum Payment Dus shown on your monthly statement by its Payment Due pate. Your Payment Due Date may vary from month to month. payments must conform to the requirements set out on that monthiY statement; these requirements may vary without prior notice. You may pay the entire amount you owe us at any titres. Payments made in arty billing cycle that aze greater tf~ast the Total Minimum Payment Due wiq not affect your obiiga!'ion ~ make the next Total Ngrrimum Payment Due. if you overpay ~ ~ there is a credd balance on your account, we will not pay interest on such amounts. We will reject payments that are not drawn in U.S. dollars and those drawn orr a fmanraal insttiufion Located outside of the United States. We resen-e the right to reject any payment if your acxount has a credit balance as of the day we receive that payment Payment of your Total Nfinimum Payment Due may not avoid the assessment of OverGmit Fees. Generagy, credits to your account. such as those generated by merchants or by person-to-person money transfers, are not treated as payments and wiq not reduce your Total Minimum Payment Due. Sea SupplementTo The Notice Of Change In Terms on the enclosed statement for additiona! terms. 23.TOTA1_ MINIMUM PAYMENT DUE You may pay your total outstanding balance at arty time. Each biging cycle, you must pay at least the Total Minimum payment Due shown on your monthly statement by its payment Due Date. The Total Minimum Payment Due Ls the Burn of all past due amounts plus the Current Payment See SupplementTaThe Notice Of Change In Terms ors the enclosed statement for additional terms., :. ;' • ~ . ; • t i :! 24. iilFEfEi~ YOUR PAYMENT WtL! BE CREOFtED TO YOEIR ACCOUNT We credrt your payments as of the date received, if the payment is (1) received by 5 p.m. {Eastern Time): {2) received ' at the address shown in the upper left-harxi comer of the front of your monthly statement; (3) paid with a check drawn in U.S. donars on a U.S. financial institution or a U.S. dollar money order; arm (4) sent in the return envelope with only the top portion of your statement accompanying it. Payments received after 5 p.m. on any day including the Payment Due Date, but that otherwise meet the above requirements, witi be credited as of the next day. Credit for any other payments may be delayed up to five days. 25. HOW YiFE ALLOCATE YOUR PAYMENTS We wfil allocate your payments in the manner we detemline. In most instances, we win allocate your payments to balances (itx~drng transactions made after your latest statement) with IowerAPRs before balances with higher APRs. This will result un balances with bwer APRs (sucfi as new balances with promotional APR offers) being paid before any other existing balances. 26. PROIIAISE TO PAY APPLIES TO ALL PERSONS Ap persons who inrtiany or subsequently request. accept. guararrtee or use the account are individually and together responsrble for any total outstanding balance. if you and one or more persons are responsible to pay any fatal outstanding balance, we may refuse to release any of you from I'iabiluty urn an of the cards, access checks, and other credit devices outstanding under the account have been returned to us and you repay us the total outstanding balance owed to us at any time under the terms of this Agreement. 2T. DEFAULT You wil be in default of this Agreement if: (1j you fail to make arty requured Total Minimum Payment Due fry its Payment Due Date; {2j your total outstanding balance exceeds your credit lirs~ or (3) you fafl to abide by arty other term of tfbs Agreement. Our failure to exerese any of our rights when you default does not mean that we are unable to exercise those rights upon later default. Z13. VlfHEN VYE MAY REGlU1RE IMMEDIATE PAYMENT ff you are in default, then in addition to our other remedues under thus Agreement, we can require immedate payment of your total outstarxGng balance and, unless prohibited by applicable law and except as otherwise provided under the ArhrTratiort and l~6gadon section of his Agreement, we can also require you to pay the costs we incur ~ any aonection proceeding, as wen as reasonable attorneys' fees if we refer your account for conection to an attorney who is not our salaried employee. 29. tJTHER PAYMF~iT TERMS We can accept late payments. partial payments, or payments with any restrictive writing without lasing any of our rigfds , under this Agreement. This means that na Payment; ir>d~irtig those marked with 'paid in fact' or with any other resFrtcdnre words, shad operate as an accord and sattsfactkuti wr~trout the Pr+or written apprava[ of one of our senior off[cers. you may rat use a postdated check to make a payment. [f you do P~o~ a payment check, we may elect to honor iE upan presentment or return it uncredtted to the person that presented it, without ~ either case waiting for the dabs sfiovurt on the check. I~Fe are not liable to you for any loss or expertise incurred by you arising out of the action we elect to fieke: ~ PAYMEtYT YS AND REDUCED PAYMg~T OFFF~ We ~Y ~- Yom. from kme to time, to omfi a morfthly PaYR-~ or make a reduced payment. We v~n'd notify you when these options are available. If you omit a payment or rrtal~a a reduced PgYm~t. finance charges, appficabte fees, and other regular transacNoris, if arty, will accrue on your account balances in accordance with this Agreement. The reduced payment amount may be less than your finance charges, you -nust make the reduced payment on time to avoid a sate fee. You must resume making your regular Tots) Minimum Psyn1ent Due each month following a Payment hoGdaY ~ reduced payment offer. 31. YOUR CREDFC UII[IT Your credit lima is disclosed to you when you receive Your card and. generally. on each monthly statement, tlYe may change your txedit limit from Time to time. The amourtit shown on your monthly statement as Cash or Credtt Avasiahle does not take into account any Purcttiases, Cash Advances, fatiance diarges, fees. any other transactions. or credits vvh[ctr post to your account asst the Dosing Date of that monthly staterrtiertit Such transactions could result in your credit firriet being exceeded and result in the'assessment of Overtimit Fees, kus at ~omotional dates, and Default Priang. 32 WHAT WE dwZAY DO [F YOU ATTEMPT TO l=XCE~Q YOUR CREaR UMIT The total outstanding balance on your account plus aufhwrizations at any time must not tae more than Your credit timrt ff you attempt a transaction which results in your tcatal outstanding balance (plus authorizations) exceeding your credit limit. we may. (i) Permit the transaction without raising your credit limit; (2) permit the transaction and treat the arraunt of fhe transaction that is more than the credit >•imrf' as . immediately due; or (3} refuse to permit the transaction. If we refuse to permft the transaction. we may advise the person . who attempted the transaction that it has been refused If we refuse to permit a Check Cash Advance or Balance Transfer, we may do so by advising the Person presenting the Cash Advance or Balance Transfer that credd has been that theca are instifhcient funds to pay the Check Cash Advance or Balance Transfer, or in any other manner. . _-~ i i • ~~ if we have previously Permitted you to exceed your cn:d~t limit, does not mean that we wiq permit you to exceed your credit limit again. If we decide to permit you to exceed your credit limit. which could trigger a promotion tum-off event„ we may also charge an Overlimit Fee and/or apply Default F~rrdng as provided in this Agreement. 33. lKE MAY AMENI3 TFIIS AGRE~IIENT We may amend this.Agreement at any time. We may amend it by adding, deleting, or changing provisions of this Agreement, We may incxease or decrease any or all of your APRs. We may increase any or all of your APRs to rates which exceed the Default Rate. When we amend this Agreement we wiit comply with the applicabie notice requirements of federal and Delaware law that are in effect at that time. The amended Agreement Including any higher rate or other higher charges or fees) will apply to the total outstar~d'ing balance, including the balance existing before the amendment became effective. !f an amendment gives you the opporh~ru'ty to reject the change, and 'rf you reject the change in the manner provided in such amendment, we may terminate your right io receive credit and may ask you to may a~ credit devices as a condition of your rejection. We may replace your card with another card at anytime. 34. rKE IiAAY SLtSPEND OR CLOSE YOUR ACCOUNT We may suspend or close your account or otherwise temimate your right to use your account We may do this at any time and for any reason.Your obligations under this Agreement continue even after we have done this. You must destroy all cards, access checks or other credit devices on the acxount when we request 3S.YOU MAY CLOSE YOUR ACCOUNT You may dose your account by notifying us in writing or by telephone, and destroying all cards, access checks or other creme devices on the account. Your obligations under this Agreement contirwe even after you have done this. 36. TRANSACTIONS AFTER YOUR ACCOUNT IS CLOSED When your acoo~mt is dosed, you must contact anyone authorized to charge transactions to your account, such as intemet service providers, health clubs or insurance companies. These transactions may continue to be charged to your account unto you change the billing. Also, if we believe you have authorized a transaction or are attempting to use your aooount after you have requested to cbse the account, we may allow the transaction to be charged to your account. 37. REFUSALTO HONOR YOUR ACCOUNT We are not liable for any refusal to honor your. axount. This can indude a refusal to honor your card or account number or any d~ectc written on your account. We are not liable for any retention of your card by us, any other financial institution, or arty provider of goods or senirces. i • F, • ! ., .- 1 ;• • •~ • : ', .~ ~~ :~ ~~ •38. Qi(IRIV-YOU MAY STOP €"AYMENT ON AN ACCESS C'FfECK You may request a s6oP Payment on an access check by prosriding us with the aaess cEr..ck number, do0ar amoral, and Payee exactly as they appear on the axes chec(c. Oral and wri~n step payment requests on an axes check are eiFe~ve ~ s6c months from the day that we place the stop . 39.YOU MAY NOT ROSTDATE AN ACCESS CHECK You may rat issue a postdated access check on your aocounL ff you do postdate an axes check, we may elect to honor it upon presentment or return it unpaid to the person fhat presented it to us for Payment, without in either case wai5ng for the date shown on the axes check. We are not risb{e to yoci for any loss or expense incurred by you arising out of the action we elect to take. 44.TRANSACTlONS MADE {N FOREIGN CURRENCIES ff you make a transaction in a foreign currenry, the transaction will be converted by Asa International or MasterCard It~ernational, depend'uag on which card you use, iMo a U.S. dollar amount in axondance with the operating regulations or carrversion procedures in effect at the time that the transaction is processed. Currenfiy, those regulations and procedures provide chat the currency- conversion rata to be used Is ewer (1) a wholesale market rate or (2) a government-marrdated rate ~ etTect one day prior to the processing date. The cry conversion refs in effect on the processing date may differ from the rate in effect on the transaction date or the posting date. 41. BENEFfTS We may offer you certain benefrts and services vrfth your aocounL Any benefits or services are not a part of this Agreement. but are subject to the terms and restiations outl'med in the benafffs brochure and other offiaal documents pronirded to you from time to time by or on behalf of RACS. Whtie any benefits or services described in the previous sentence are not a part of this Agreement, any cta{rn or dispute related to any such benefd or service shall be subject to the /~rbitrafion and Litigation section of this Agreement We may adjust, add, or de{ete benefits and services at atsir time and without notice to you. 4Z I~YE MAY SELL YOUR ACCOUNT We may ffi any time, and without notice to you, sell; assign or • your amount. any sums due on your account. this Agreement, or our rights or obligations under your accourd or tf>Es Agreement to any person or entity. The person or entity to whom we make any such sale, assignment or transfer sfralf be erstr'ded to all of our rights and/or obrgations under this Agreement, to the extent sold, assigned or transfen~ed. 43. YOU MUST NOTIFY US WHEN YOU CHANGE YOUR ADDRESS tlVe strive to keep accurate records for your benefit and ours. The post office and others may notify us of a change to your i ~~. When Y~ mange Your address, you must r~rTy us promptly of your new address. 44. WHAT LAttll APQLiES This Agreement is made fn Delaware and we extend ~ laws y~ fram pe{aware. This Agreement is governed by of the State of Delaware (without regard to its cord~ct of Saws pcinc~les) and by arri+ aPPr federal laws. 45.THE fSRpY{SfONS OF THlS ACREEtffTENT ARE SEYERABl.E of this Agreement is found m be invalid, the Lf any • {ng provisions wi0 continue to be effective. 46. pUR 14{GH7'S C©Nt1fJUE of ~, rights under this Our failure oc delay in exercising any Agreement does rat mean that we are unable fo exercise ttwse rights later. 47. UNAUTHORIZED USE QF YOUR GIRD please taTr~y us immediately of the foss, th 732 91 d unauihorfzed use of your account at PB00} (800} 681-280.'3 for Spanish. 48. ARgR'RA'f10N AND LITIGATION lies to you +xdess This Arbr~ra5on and t3tigation provision app you were. given the opportunely to reject ihs Arbitration and Utigatan provisions and you did so reject them in the manner and timeframe required. If you did afionebroughi by Yyou provision, you agreed that any 9 ment shag be against us regarding this account or this Agree brought in a court located in the State of Delaware. Any claim ar drspute ("C1aim"I by eelher you or us aga ~ the other, 'or agaeist the employees, agents or assigns from or relating in any way to This Agreement or other, arising r under a staWte. any PdaAgreement or your account (whethe _ in contract, tort, or otherwise and wheth® f~or~} ~al~ damages, penalties or declaratory or egcn'tabi upon election by etiher you or us, be resolved i'I- [~inding arbitration. The arbitrator shad resolve any Chung. m9 the $ppGcaba"ely of this Arbitration and f,.tiigation Section or the vaGdiry of the entire Agreement or any prior~flass except for any Claim challenging the validelY Adios Waiver, which shall be decided by a court In addtion. we wig not choose To arbitrate an indvidual gaim chat you bring against us in small claims court or an equivalent court. if arty. But if that Claim is transferred, rerraved or appealed to a different court, we then have the right to goose arbitration. Arbitration shall take place before a single arbitrator and on an individual basis without resort to any form of lass action. Arbitration may be selected at any time unless a judgment has been rendered ar the other party would suffer substantial prejudce try the delay in demandng arbitration. . -~ The arbitration shag be conducted by the National Arbr?raftan Fonsa (TIAF'~, under the Code of Procedure in effect at the tune the Claim is filed. Rules and forms of the Nafiors3l Arbi~on Fomm~ may be obtained and Claims may be tad at any National Arbitration Forum office, www.acb- , o- P.O. Box 50191, Minneapolis, Minnesota 554Q5. telephone (800) 4742371. ff the NAF is unable or urerriting to act as arbitrator, we may substitute another rra5orfally recognized. independent arbitration organization that uses a simgar Dods of procedure. At your written request, j vie w~ advance arty arbitration fq'ing fee, administrative at~d ' hearing tees which you are required m pay to pursue a Clam in arbitration. The arb'~rator will decide who will be ultirrrately responryble for paying those fees. if you fits a daim against us. rn no event wql you be required to reimburse us for any arbitration filing, administrative or hearing lees in an amount greater than what your court costs would have been if the Claim had been resolved in a state court with jurisdction. piny arbitration hearing at which you appear will take place vein the federal jud'~ciat dstrict that indudes yore b0frng address at the time the Claim is flied. This arbftraffon agreement is made pursuant to a transaction involving in#e[5tate commerce, and shalt be gavemed by the Federal Ar6edration Act, 9 U.S.C. §§ 1-tti (°FAA"). Judgment upon arty arbitration award may be entered in any court having fiction. The arbitrator shell folbw existing substantive law to the extent consistent witty the FAA and applicable statutes of limitations and shall honor any claims or privilege reoogr~ized by taw. If any Party requests, the arbitrator shall wrr~e an opinion containing the reasons for the award. No Claim submitted to arbitration is heard by a jury or may be brattght as a loss action or as a private attorney general. You cb not have the right to ad as a loss representative or pa3Gdpate as,a member of a loss of daimants with respect to airy Claim submitted to arbitration (Class Action Wanrer). 'The parties to this Agreement adknowledge that the Class Acton Waiver is materlai and essential to the arbitration of any d'ss~ies between the parties and is nonseverable from this agreement to arbitrate Claims. if the Class Action Warner is , voided or found unerdoroeable, then the parties' agteement to arbitrate (except for this sentence) shop be null aid void with respect io such proceeding, subject to the right to appeal the gmitation or invalidation of the Class Aaron 1lgaiver. The Parties acknowledge anti agree that undex no d-asmstances will a class action be arbitrated. This Arbitration and Litigation Section applies to alt Claims now in existence or that may arise in the future. This Arbitration and litigation Section shag survive the iermmation of your account with us as well as any voluntary payment of the debt in fuq by you. any bankruptcy by you or sale of the debt by us. ~.. .~ J . . i i .~ I f3 I S Forfhs purposes of this Arbr~ration and Litigation Section. ~nre" and 'us' means FIA Card 3ervfces, fV.A., its parent, subsidiaries, affiliates, Gcensess, predecessors. successor;, assigns, and any purchaser of your account, and a!I of their otiieers. directors, employees, agents and assigns or any and ail of them- Additionally, 'eve' or `us"shall mean any third party provtdu~g benefits, services, or products in connec3gon with the aa~ru:t C~drng but not limited to credit bureaus, merchants that accept any cxedit device issued under 1#1e arxount, rewards a< enrollment services, credit insurance companies, delrt ooi{eators and all of their officers, directors, employees and agents) if, and oNy if, such a third Party is named by you as a cn-defendant in any Claim you assert against us. 1ft3U t~NDERSTAND AND AGREE THAT !F YpU OR WE ELECT 'fD ARBITRATE A CLAg1A, THtS ARBITRATION SECTION PRECLUDlsS YOU AND US FRO[i~ H~AViNG A t~fl' OR Ot'PORTUNfTY TO LITIGATE CLAIMS THROUGH COURT, OR TO PARTICIPATE OR SE REPRESENTED IN Eli17GATION F1I.ED M COURT I3Y OTHERS. EXCEPT AS O11~MSE PRO~ftDED ABOVE, ALL CLAtItRS MUST BE RESOLVED THROUGH ARBITRATION IF YOU OR iAIE ELECT TO ARBITRATE YGt!iR Bltttt+Ot; RIGNTS Keep Th[s Not)ce for Future Use: This rsofice contains importarrt infom~atjon about your rights and our responsbilities under the Fair Cr+edt 8ilfing Act. Notify Us frt Case of Errors or Questions AbajtYour Silt: if Ym+ thmlc your bill is wrong, ar if you need more information about a transaction on your bill, write us on a separate sheet (or use a copy of the fomti provided on your bill) at FiA Card Sertirioes, N.A., P.O. Box 15025, Wi'fmington, DE 19850. Write to us as soon as possbie. Do not send the notice on or with Your payment We must bear from you no later ttsan Ii0 days afloat K-e sent you the first bia on which the transac8ort or error appeared. You can telephone us, but doing so will not preserve your rights. In your fetter, give us the following information: (1) your name and account number, (2) the dollar amount of the suspected error, (3) the posting date of the Lansaction in question; and (4) a description of the error and are explanation, it you can, of why you believe there is an error. If You need more information, descnbe the itern you are not sure about ff you have authorized us to pay your credrt card bill automaficapy from your savings or checking aarourrt with us, you can slap the Payment on any amount you think is wrong. To stop the payment your letter must reach us three business days before the automatic payment 'rs scheduled to occur i t .~ 1 R ., Your REgtets and Our Respcroslbllities After We ReceEve Your Wrltben Notice: We must acknowledge your fetter wittrin 30 days. unless we have corrected the error by then. Wrttin ~, 90 days, we must either correct the error or explain wfry we believe the bill was correct. . After lha receive your letter, we cannot try tcs coAect any amamt you question or report you as delinquent. We can continue to btil you for the amount you question. indudng finance charges, and we can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount wtu'1e we are irnrestigatmg, but you are sil~i obligated to pay the parts of your bi17 that are not in question. If we Imd that we made a mistake on your ln'R, you vvAl not have ~ pay any finance charges related to any questioned amount. tf we did not make a mistake, you may have to pay finarx~ charges, and you wn'll have to make up any missed payments an the questioned amount. In s~ther' case, we wilt send you a statement of the amount you owe and the date that it is due. K you fall to pay the amount that we think you owe, we may report you as delinquent However, if our explanation does not satisfy you and you write to us within twenty-fare (25) days teeing us that you still refuse to pay. we must tell anyone we report you to that you have a question about your bil{, and we must th~ you the name of anyone we report you to. We must. tell anyone we report you to that the matter has been settled between us when it finally is. tf we do not follow these rules, we cannot r~lfed. the rust $50 of the questioned amount, even 'tf your bib was correct. Special Rute for Credit Card Purchases: If you have a problan with the quality of ihs 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 sen+ices. There are two limitations on this tight (t) You must have made the purchase in Your home state or, if tmt within your home state, within 100 miles of your current mai~ng address; and (2) The purchase price must have been more than $50. These firriitations do not apply if we own or operate the mershar~t, or if we mailed you the advertisement for the property or services. C~gc3gqq Sault of Amorica. n.w. tuswl O 2006 Bask of America F01-01125-[?UAL f . ~; SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?'o0111 Qj CV114hrrh11c rrF,, F FILEO-OFFICE OF THE PROTHONOTARY 2011 JAN 27 PM 3= 03 CUMBERLAND COUNTY PENNSYLVANIA FIA Card Services Case Number Maryvs.A. Mehrpuyan 2011-145 SHERIFF'S RETURN OF SERVICE 01/24/2011 08:33 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on January 24, 2011 at 2033 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Mary A. Mehrpuyan, by making known unto herself personally, at 35 Devonshire Square, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. M NDA COBAUGH, DEPYYY SHERIFF COST: $46.00 January 25, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ceun, , to 9?er , ( :>?t?( tcc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIA CARD SERVICES, N.A. CIVIL DIVISION Plaintiff vs NO: 2011-145 CIVIL TERM rn N -? - / r-- r n C A > - Z; . MARY A MEHRPUYAN r - <a n. 35 DEVONSHIRE SQUARE MECHANICSBURG PA 17050-6878 A z Defendant PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE CLERK OF JUDICIAL RECORDS: Kindly enter judgment by default for failure to respond to Plaintiff's Complaint in the amount of $13,828.42. Notice of the intent to file a default judgment was served upon the Defendant on May 18, 2011. A copy of the Notice of Intent to Take Default Judgment is attached hereto and marked Exhibit "A." Edwin A. Abrahamsen & Associates, P.C. Michael F. Ratchford, Es Attorney I.D. No.: 86285 Attorney for Plaintiff JUDGMENT AND NOW, this 15+k day of , 20&, Judgment is hereby entered in favor of the Plaintiff, FIA CARD SERVICES, N.A. and against the Defendant, MARY A MEHRPLJYAN in the amount of $13,828.42 for failure to respond to Plaintiff s Complaint. tA? PROTHONOTAR J. 41b,s0 PA ATT-/ C4, (90A P# a7 / o88 No?ee I..L U-6d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIA CARD SERVICES, N.A. Plaintiff vs MARY A MEHRPUYAN 35 DEVONSHIRE SQUARE MECHANICSBURG PA 17050-6878 Defendant CIVIL DIVISION NO: 2011-145 CIVIL TERM C-) M -n rte. - - Z rn cc r -t3 rn O ? C!f ic? <a MW ) -n D cn ;L3 r cy, 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: MARY A MEHRPUYAN 35 DEVONSHIRE SQUARE MECHANICSBURG PA 17050-6878 Edwin A. Abrahamsen & Associates, P.C. Date: January 18, 2012 By: ( /I d?# Michael F. kh?Nr'd', Esquire Attorney I.D. No.: 86285 120 N. Keyser Avenue Scranton, PA 18504 (570) 558-5510 FIA CARD SERVICES, N.A. Plaintiff vs. MARY A MEHRPUYAN 35 DEVONSHIRE SQUARE MECHANICSBURG PA 17050-6878 Defendant In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Civil Division NO: 2011-145 CIVIL TERM AFFIDAVIT UNDER SOLDIERS AND SAILORS RELIEF CIVIL RELIEF ACT OF 1940 AS AMENDED C7 0 _I State of Pennsylvania "*7 County of CUMBERLAND SS: ac Michael F. Ratchford, Esquire being duly sworn according to law deposes and says thZhecr" above named defendant(s): MARY A MEHRPUYAN 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): MARY A MEHRPUYAN is(are) older than eighteen years of age; That the employment status of the defendant(s): MARY A MEHRPUYAN is(are) unknown. lu?4 l' Michael F. Ratchford, Esquire Subscribed before me this 19 day of 20 / --?-- c. Notary Public - ----------- i ?4. 201.4 5T't -4c EG:'.'114 =.::P.Fz=•H.=•hIYEI'"1 F+I iTHEl F. h?T:HFCF:c THE LAW OFFICE OF HE=l1iEF: K. C":.???DRC?FF' ED117IN A. AE&MULl EN & A-Ii i?CZUT 0ti P(-- :4'10 MEMBER OF F1 B=.R WWW.EAA-LAW.C01v1 May 18, 2011 MARY A MEHRPUYAN 35 DEVONSHIRE SQUARE MECHANICSBURG PA 17050-6878 Re: FIA CARD SERVICES, N.A. v. MARY A MEHRPUYAN CUMBERLAND County Civil Action No.: 2011-145 Our file No.: N1019412/JMB Dear MARY A MEHRPUYAN: 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, FA 18504 (P) 570.558.5510 (F) 570.558.5511 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA F1A CARD SERVICES, N.A. : CIVIL ACTION Plaintiff : vs. MARY A MEHRPUYAN NO: 2011-145 Defendant TEN DAY NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT To: MARY A MEHRPUYAN 35 DEVONSHIRE SQUARE MECHANICSBURG PA 17050-6878 Date of Notice: May 18, 2011 IMPORTANT NOTICE PURSUANT TO PA.R.C.P. 237.l(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. CIVIL ACTION Plaintiff vs. MARY A MEHRPUYAN NO: 2011-145 Defendant CERIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on May 18, 2011 I served a copy of the Ten Day Notice of Intent to Take Default in the above captioned matter by mailing the same via First Class United States mail, postage prepaid addressed as follows: MARY A MEHRPUYAN 35 DEVONSHIRE SQUARE MECHANICSBURG PA 17050-6878 Edwin A. Abrahamsen & Associates, P.C. BY: Michae . 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 40 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Jan-18-2012 05:10:58 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency MEHRPUYAN MARY A Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). Amt/n 4*4,4?m_ 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 http://www.defenselink.mil/faq/r)is/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 1/18/2012 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:T473MPJUGJ https://www.dridc.osd.mil/appj/scra/popreport.do 1/18/2012 FIA CARD SERVICES, N.A. In the Court of Common Pleas of Plaintiff CUMBERLAND County, Pennsylvania Civil Division VS. MARY A MEHRPUYAN 35 DEVONSHIRE SQUARE MECHANICSBURG PA 17050-6878 NO: 2011-145 CIVIL TERM Defendant NOTICE OF FILING JUDGMENT Notice is hereby given that a money judgment in the above-captioned matter has been entered ? against you in the amount of $ )A I BAR. 4 on _ '411161/1,2 44 By:_Jft12)C3t0 If you have any questions regarding this notice, please contact the filing party: Edwin A. Abrahamsen & Associates 120 N. Keyser Avenue Scranton, PA 18504 Telephone: (570)-558-5510 (Notice is given in accordance with PA Supreme Court Rule of Civil Procedure No. 236) Blatt, Hasenmiller, Leibsker& Moore, LLC Attorney for Plaintiff MorrisSuott Attorney I.D. #83587 Syretta Martin Attorney I.D. #309370 1835 Market Street, Suite 501 Philadelphia, PA 19103 800-850-1079 FIA CARD SERVICES, N.A. IN THE COURT OF COMMON PLEAS do Blatt, Hasenmiller, Leibsker& Moore, LLC �y ro• Plaintiff, CUMBERLAND COUNTY, PA C --- _ vs. CIVIL ACTION Z am--, : No. 2011-145 CIVIL TERM NK 0 .) MARY A MEHRPUYAN {C3 77'C� �C. Defendant(s). Zr PRAECI PE TO SUBSTITUTE COUNSEL TO THE PROTHONOTARY: Kindly ENTER the appearances of Morris A. Scott, Esquire (ID#83587) and Syretta J. Martin, Esquire (ID#309370) in the above captioned matter on behalf of the Plaintiff. Papers may be served at the address of Blatt, Hasenmiller, Leibsker& Moore, LLC, at 1835 Market Street, Suite 501, Philadelphia, PA 19103, (Tel) 215-564-1567. Respectfully s I ed, Mo is Scott, Es, • .1 I #83587) Syretta artin, Esquire (ID#309370)c! Kindly WITHDRAW the appearances of ABRAHAMSEN &ASSC, P.C. in the above captioned matter on behalf of the Plaintiff. Resp:.tfull, sub itt 1.✓,-mss )11, 4AMSEN : ASSC P.C. CERTI FI C•TE OF SERVICE I, as attorney filing the attached pleading, hereby certify that I m. led an exact copy of the Praecipe to Substitute Counsel, to the party(ies) below at the address ' dicated by U.S. Mail first class postage prepaid. MARY A MEHRPUYAN 35 DEVONSHIRE SQ MECHANICSBURG PA 17050-6878 / f Morris Scott, Esquire (ID#83587) Date Syretta Martin, Esquire (ID#309370) OMTNHPSC (11/14/2013) 2886374 I 1111111111111 I I I I 1 1111111 111111 11111 11111 11111 11111 11111 11111 11111 1111 1111