HomeMy WebLinkAbout11-1268
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MIDLAND FUNDING LLC ~ .
8875 AERO DR CIVIL ACTION ca
SAN DIEGO CA 92123,r '
Plaintiff r -
VS. UL
NO: -? aLt C??i ltt, -
RODMAN RICHARDS
218 WOOD ST
CAMP HILL PA 17011
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 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. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the Complaint or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO Olt 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
ar?4 g3st?
C?as?s?3
1
State of PENNSYLVANIA
COUNTY OF 0 L Mb 0 dClhd
MIDLAND FUNDING LLC,
Plaintiff
-vs-
RODMAN RICHARDS,
Defendant(s).
COMPLAINT
1. Plaintiff is the current owner of, and/or successor to, the obligation sued upon, and was
assigned all the rights, title and interest to defendant's BANK OF AMERICA, N.A. account
4800115996549762 (MCM Number 8534268192) (hereinafter "the account").
2. Upon information and belief, this action is based upon a credit agreement entered into
between defendant(s) and the original credit grantor.
3. Upon information and belief, defendant(s) used or authorized the use of the credit
account to obtain loans from the original credit grantor for the purpose of obtaining goods
and/or services and/or cash advances.
4. Defendant(s) failed to make full payment of the amount owed on the account.
5. Upon information and belief, the last payment posted to the account on 2008-03-07.
6. The account shows that the defendant(s) owe(s) a balance of $15346.54.
7. Attached hereto, upon information and belief, is a true and correct copy of the credit
agreement provided to plaintiff as either the actual agreement applicable to defendant, or an
exemplar of such
Im1111ll 1111?11
8534268192 AFFINDEBT
E 10-3023
WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the
amount of $15,346.54 plus costs of suit and any other relief as the Court deems just and
appropriate.
submitted,
Edwin E4. Abrahamsen & Assoc.
Michael F. Ratchford, Esquire
Heather K. Woodruff, Esquir
Attorney I.D. Nos.: 86285/2 7805
120 North Keyser Ave.
Scranton, PA 18504
mratchford@,eaa-1 aw. co
hwoodruff@eaa-law.co
Phone: 570-558-5510
Fax: 570-558-5511
Verification
Shannon McClellan, being duly sworn (or affirmed) according, to law deposes and says that
I am employed as a Legal Specialist for Midland Credit Management, Inc. ("MCM"),
servicer of this account on behalf of plaintiff. I am authorized to make this verification
on plaintiffs behalf. The facts set forth in the foregoing pleading are true and correct
upon information and belief.
NOV 2 2 2010
Date 5 t' ?'
Shannon McClellan
STATE OF MINNESOTA
COUNTY OF STEARNS
Signed and sworn to (or affirmed) before me
(Seal)
ASHLEY MAE LASHINSKI
E '`'!? Notary Public-Minnesota
My Commisssion Expires Jan.31, 2015
PA38
Edwin A. Abrahamsen & Associates, P.C.
NOV 2 2 2010
11Ni 111 111111N1111
8534268192 AFFTNDEBT
E 10-3023
My commission expires:
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MASTERCARDO and VISA*
CARDMEMBER AGREEMENT
GENERAL. TERMS
1. Meaning of Words Used in This Agreement.
"Agreemerd" means this document and the Pricing Schedule
(which may initially appear off your card carrier containing
your credit card), as either may be amended from time to
time. The numbered Boxes referenced in this Agreement are
located in the Pdcing•Schedule. In this Agreement, "you,"
"your" or "yours" means each person who applied for -the
Visa or MasterCard Account. "We,"' "us" or "our" means
Chase Manhattan Bank USA, National Assobiation.
"Account" means the Visa or MasterCard Account for which
you were Issued cards and checks imprinted with your
Account number. "Authorized User" means any person to
whom you have given permission to use your Account
"Card" means the Visa or MasterCard card(s) Issued in
connection with your Account "Check" moans Chase
Convenience Checks. "ATM" means Automated Teller
Machine. 'Cur check" mean a check drawn on us or one of
our affiliates. "Seller" means any merchant, insurance
company or its agent or broker.
2. Services of This Account. This Account may be used
for Purchases from any Seller that accepts the Card and for
Advances. You agree not to make or permit to be made any
Illegal transactions on your Account through the use of a
Card, a Check or any other manner.
3. To Use Your Card. You must sign the panel on the back
of your Card. Authorized Users of any additional Card(s)
should sign their names on the panel on the back of those
Cards. For Purchases, you will have to sign a sales slip that
has your name, the Seller's name, and your Account number
on it, unless you let the Seller complete the sales slip for you.
4. Your Responsibilities for This Account. You are
responsible for all amounts owed on this Account, whether
charged by you, a parson whom you permit to obtain credit
on your Account (such as by lending a person your Card), or
arty other person using a Card or. your Account with actual,
Implied or apparent authority. You agree that anyone who is
Issued a Card for yourAocount (or anyone to whom you lead
or give your Card) Is authorized to make charges to your
Account to the same extent as you and we are not
responsible for controlling such use of your Account Such
authority will continue until you revoke It by notifying us,
obtaining the Card in your physical possession, and If It is a
h
000931
Card Issued to an Authorized User, by also cutting It In half.
If you receive a benefit from the use of your Card or Account
by another person, such use will not be considered
unauthorized. We may require Authorized Users to repay the
amount owed for the charges they make.
5. Your Credit Line. Your credit tine Is the most you may
owe on your Account at any time. You will be told the
amount of your credit line. You may nut use your Account In
any way that would cause you to go over your credit line.
You may also be asked to immediately pay for any amount
over your credit One. We may change your credit line or
separate the amount of your credit line into available credit
for Purchases and Advances. It the credit One is changed or
limited, you will be notified.
6. Dvorlimlt Fee. If your Account balance (including any
Finance Charges and any fees and charges owed on your
Account) N over your credit One at the and of a billing e,
there will be an Qverlimit Fee as disclosed In Pricing
Schedule Box 10. This fee will be imposed only once during
the billing cycle, but will be imposed In each billing cycle that
you are over your credit line even If we authorize the
transaction which causes your credit line to be exceeded.
7. Annual Fee. If there is an Annual Fee for the Account
you will be billed the Annual Fee disclosed In Pricing
Schedule Box 7 whether or not you have used the Account
It your Ammuei Fee has been waived, it will be billed when the
waiver period has ended, and will then continue to be billed
on an annual basis. The Annual Fee Is non-refundable,
8. Payments. AN payments must be made and received
by us in accordance with the payment instructions that
appear on or with your monthly statements and
accompanying envelopes. Payments must be in United
States Dollars and drawn an a United States financial
institution or the United States Postal Service. In our sole
discretion we will decide how to apply your payments.
Although we post your payments as of the business day we
racelve them as described on your statements, your Total
Aveftle Credit may not be restored for up to 15 days after
we post your payment Any payment check whk h you sand
us for less than the full balance due that Is marked "pall to
full' or with a similar notation or that you otherwise tender
In full satisfaction of a disputed amount (conditional
dress?listed on your usent r monthus at the ly statement We conditional payments
all
our rights regarding such checks. For example, if it Is
determined there Is no valid dispute or 9 any such check Is
received at any other address, we may accept the check and
you will still owe any remaining balance. We may refuse to
accept any SUChh check by returning it to yyou, not cashing It or
by destreykhp It AN other payments sfauld be sent to the
regular payment address shown on your monthly statements.
Immediate Phone Payment Fee. We may in our
discretion permit you to make payments by authorizing us on
your behalf to transfer funds from a deposit or other account
to your Account. For each such payment, you will be charged
an Immediate Phone Payment processing fee of $12-
9. Robned PayMebt Fee. You will be charged the fee
disclosed to Pricing Schedule Box 10 for each check or payment
Instrument given in pey 1 which is returned to us or which
we cannot profess under our normal operating procedures.
111. iNinlmom Payment. You may pay either the Minimum
Payment or any amount over that up to the New Balance.
Your Minimum Payment roust be in accordance with our
Pa mgt instructions and received by the thne of day on the
ymert Due Date shown on your statement Your
Minimum Payment is calculated by taking the Now Balance
and deducting any amounts which you have properly notified
us are in dispute (see notice "in Case of Errors or Inquiries
About Your Bill") and multiplying that amount by the
minimum payment percentage shown in Pricmg Schedule
Box 10. If the resulting amount is more than the minimum
payment minimum dollar amount shown in Pricing. Schedule
Box 10, it will be reduced to the next lowest dollar. If the
resulting amount is less than that minimum payment
minimum dollar amount, It will be increased to ttnat minimum
payment minimum dollar amount. To this amount we add
any Past Due Amounts and, at our option, any amounts In
excess of your credit line. The Minimum Payment will never
be more item the Now Balance.
11. Lab Paytsent FoovVia ge. There will be a late Payment
Fee/Charge In the amount disclosed in Pricing Sdredule Boot
10 if we do not rook In accordance with our payment
Instructions the Minimum Payment by the time of day on the
Payment Due Date shown on your monthly statement.
12. If YOW Cards or Checks are Lost or Stolen. if someone
used your Card(s) or Checks without your permission or If
they are lost or stolen, contact us immediately. You may call
or write. Call tog tree 1-800.441-7881 anytime from all 50
states, Washington. D.C. Puerto Rico, and the U.S. Virgin
islands. For an ithar locations Call 813-$84-2997 coned.
Write to: P.D. Box 15919, Wllmingron, DE 19850-5919. You
may be liable for the unauthorized use of our Card(s) In an
amount not 1o exceed $50 in any rase where your Card(s)
are lost or stolen and you fall to contact us within twenty-
000932
four (24) hours. You will not be liable tot such unauthorized
use if you contact us in the manner described immediately
above within the twerhty-four (24) hour time Omit or before
the unauthorized use occurs.
13. H Your Card or Chad Is Refused. We are not responsible
it a Seiler, Bank or ATM. refuses to honor your Card or Check.
Although you may have credit available, we may not
authorize credit for. a particular transaction due to
operational difficulties or, in our discretion, for any other
appropriate reason.
Transactions made above a certain dollar amount may
require authorization before the transaction Is approved. The
number of transactions you make In one day may be limited
by us. This is done for security reasons, and as such, the
details of how the authorization system works arc not listed
in this AgreernerrL Neither we nor our agents will be
responsible If authorization for a transaction is not given. M
your Account Is overlmit or delinquent, credit authorizatic i
to r transactions may be declined.'
14. Monthly Statements. Each month there Is a debit or
credit balance of more than $1, or a Finance Charge has been
imposed on your Account, we will mail you a statement.
15. Sates Slip or Duplicate Statement Fee. You will be
charged the fee, disclosed in Pricing Schedule Box 10 for each
original or copied sales slip and duplicate statement you
request. The tee is not owed It a request for such a document
raveals a billing error or unauthorized use on your Account as
defined by the Federal Reserve Board's Regulation Z
16. Billing Errors. If you have a dispute about your
Account, notify us as soon as possible. Please read the
notice 'in Case of Errors or Inquiries About Your BA L" This
notice explains your. legal right about billing errors and
defenses under Federal Law and how you must notify us. if
any adjustment is made, we will credit your Account.
17. Currency Conversion. If you effect a transaction with
your MasterCard card or Visa card in a currency other than
U.S. dollars, MasterCard International Incorporated or Visa
Intemationai, as appropriate, will Convert the charge Into a
U.S. dollar amount. MasterCard International or Visa
International will use ft conversion procedure, which is
disclosed to Institutions that Issue MasterCard cards or Visa
cards, respectively. Currently, the currency conversion rate
used by MasterCard internatlonal or Visa International to
determine the transaction amount In U.S. dollars for such
transactions is generally either a govamment-rnandated rate
or a wholesale rate determined by MasterCard International
arVW International, as apprapdA,forthe processing cycle
in which the transaction is processed, increased by an
adjustment factor established from time to time by
MasterCard International and Visa international, respectively.
The currency conversion rate used by MasterCard
international or Visa International on the date your
transaction Is processed by MasterCard International or Visa
International may differ from the rate that would have been
used on the purchase or transaction date or the cardholder
statement posting date. The adjustment factor that Is part of
the currency conversion rate is one percent, but may be
changed from time to time by MasterCard international or
Visa International, respectively. For each such transaction
converted Into a U.& Dollar amount that must be converted
back into a foreign currency because of a refund or other
reversal of the transaction, the same currency conversion
rate formula and procedures will be used.
Foreign Currency 111mm orlon Fee. For each transaction
in a foreign cu , we wig charge a foreign transaction fee
of two percent (2%) of the converted transaction amourrt.
This fee may be abbreviated as "For. Than. Fee."
18. Aulhoftliloe to Provide Information. You authorize
us to provide certain information on you and your Accountto
our affhtiafes and others, Including any company whose
name or mark may appear on the Cards. Complete details
regarding our rights to share information and your right to
opt-out of certain information being shared Is provided to
you when you first receive an Agreement and at least once
each calendar year thereafter.
19. Disputing Account Information Reported to Credit
Bureaus. We furnish information about your Account to
credit bureaus, You have the right to dispute the accuracy of
the Wonnation re rted by writing us at P.O. Box 15823,
Wilmington, DE 19850-5823.
20. Changing; the Terms of We Agreement. We may
change any of the terms of this Agreement, inciuding without
limitation by adding new terms or by deleting or modf"ll
existing terms. We will notify you of any such changes as
required by law. Any changes to this Agreement can apply
to all outstanding unpaid Indebtedness and any new
transactions on your Account. We may sell or transfer your
Account and any amounts owed on your Account to another
person at arry time. It we do, this Agreement wtil still be in
effect and a successor will have our rights in this
Agreement to the accent assigned.
21. Delault and Collection Costs. Your Account will be in
default and we can require that the total outstanding balance
000933
be paid if; (1) you fail to pay any amount owed under this
Agreement when due; (2) you exceed the credit limit In effect
on your Account; (3) you do not follow the terns of this
Agreement; (4) your ability to us Js materlalry fm aired
(including, but not limited to, bankruptcy or insolvency
proceedkrgs that are initiated by or against you); or'(5) you
default on any or loan or credit obligadon you have with
us or another creditor. We do not have to notify you or
demand payment in order to take this action. It you are in
default, we may, as- permitted by law. cancel your credit
privileges and require you to pay the unpaid balance
immediately; require you to pay Inierest at the rate of two
percent (296) a month on the unpaid balance when we deem
your Account to be bon more billing cycles past due; and
require you to pay reasonable attorney's fees, any court
costs and other collection costs Incurred by us in the
collection of any amounts you owe under this Agreement.
22. Cancellation. We may close your Account at any time.
You will be responsible for repaying any Purchases,
Advanods or other outstanding charges that are still due on
your Account. Your Card Is Issued as a way of letting you
use your Account It may not be transferred. It we request
the Card(s), you must return them. Any services not
described In this Agreement that may be provided from time
to tone In cant on with the Account are not part of this
Agreement and may be changed or cancelled at any time
without notice or refund.
23. Governing Law. This Agreement is governed by the
laws of the finned States and the Stale of Delaware. Any
dispute concerning arty item In this Agreement will be
resolved by those laws.
24. Telephone Monitoring. You agree that your telephone
communications with us may be monitored and recorded to
improve customer service and security.
25. Delayed Enlarce=nt. We may delay enforcing or not
enforce any of our rights under this Agreement Wfthoot
losing any of them,
26. Severabitity. The imrelldity of any provision of this
Agreement shall not affect the validity of any other provislon. '
SPECIAL RATES
1. Special Rates. From time to time, we may offer you
special Periodic Rates and tams on your Account, either for
balance transfer transactions using special checks or other
written request forms we provide or verbal requests for such
transfers which we agree to honor (referred to as "Balance
Transfers" for purposes of this Agreement) or for other
offers on your Account such as introductory, promotional or
other reduced rate offers. if we do, we will advise you of the
special rates, how long they will be in effect, the balances to
which they will apply, and the rates that will apply after the
special rates expire. The terms of this Agreement apply to
any such special rates. It a special rate Is variable, then the
"Variable Rate" terms of this Agreement (including the
Pricing Schedule) will apply. You may lose any special we
that Is offered you and regular/standard Preferred Pricing
will apply, ii you fail to make any required minimum payment
by the Payment Due Date. You may lose regular/standard
Preferred Pricing and Non-Preferred Pricing will apply,' If you
tall to meet the conditions of the "Preferred Customer
Pricing Ellgibillty" section of this Agreement.
2. Balance Transfer Transactions. Balance Transfer
transactions are treated as Purchases except as noted in this
Agreement or any offer we make to you. These transactions
will not be eligible for the grace period for Purchases, except
as stated In the terms of an Balance Transfer offer made to
you. We may Identify Balance Transfers and the related
promotional balances by different terms such as
"Transferred Balance" or 'Balance Transfer.' if the special
rates stated in an offer will apply only to Purchase or
Advance balances dated on or after the date the Balance
Transfer transaction Is posted to your Account, we maZ
idsntify such promotional balances as "Current Purchases
or "Currant Advances." All other Purchases or Advances in
such an offer may -be identified as "Prior Purchases" or
"Prior Advances," and will be subject to the same terms in
effect when you accepted our offer. It the Periodic Rate for a
Balance Transfer transaction is the same as the Periodic Rate
for another balance on your Account (Including, but not
limited to, when any special rate trom a Balance Transfer
transaction expires), we may combine the Balance Transfer
balances with other balances on your Account and refer to
those combined balances using other terms such as
Purchases or Advances, it a check or other form of transfer
for a Balance Transfer transaction is used to pay arty
amounts you owe to am JP Morgan Chase bank or company,
Is made payable to cash, Is received by us and posted to your
Account after the expiration date of the offer, is otherwise
used in a way that does not transfer balances you owe to
other creditors to your Account, or Is used In any way not
specified in the promotional offer we make you, we reserve
the right to refuse to honor that Balance Transfer transaction
or to treat It as an Advance.
000934
3. Transaction Foe for Balance Transfer 7kaasactions.
For each Balance Transfer transaction described in any offer
we may make to you, we may charge a Transaction Fee
FINANCE CHARGE In the amount disclosed in Pricing
Schedule Box 9. This fee may be reduced in our sole
discretion in any offer we make to you. Transaction Fees are
part of the Finance Charge. The addition of Balance Transfer
Transaction Fees may cause the Annual Percentage Rate for
Balance Transfer transactions to exceed the nominal Annual
Percentage Rate shown on your statement.
TERMS FOR ADVANCES
1, Advances. An Advance is a cash loan or similar
transaction. You may take an Advance as follows. 1) Using
your Checks. These Checks may only be used by the
person(s) whose names are pre-printed on the Checks. We
will not certify these Checks. 2) Using any of our ATM's or
any ATM, which may be provided for your use by another
financial Institution or company. 3 Using a Cash Advance
slip. Cash Advance slips may be c4tained from any of our
branches or from any bank that accepts the Card. 4) Using
the official check maBed to you In response to your request.
5) Using any other service that may be connected to your
savings or checking accounts, which may be offered by us,
that allows you to take Advances.on this Account. 6) Entering l
into transactions that involve the purchase of items
convertible to cash or similar transactions, which we may.
treat as Advances, including but not limited to wire transfers,
money orders, travelers checques, gaming transactions, and
tax payments. Advances may also be referred to as Cash
Advances or Cash.
2. Declined Chock Fee. You will be charged the fee !
disclosed in Pricing Schedule Box 10 for each Check or Balance,
Transfer check Issued which cannot be processed because you
are over your = 0 One, or would be if such check were
processed, or your Account is delinquent or closed
3. Stop Payment Fee. You will be charged the fee
disclosed in Pricing Schedule Box 10 for each request you
make for us to stop payment on a Check or other form of
Advance we make on your behalf or to cancel a stop payment
request. You must provide us with any Information we
reasonably require in order to process your stop payment or
cancellation request We do not have to honor any stop
payment or cancellation request unless we have a reasonable
opportunrty to act on it before the Check or other 4orm of
Advance is paid or approved for payment, We will not be
fiable in anyway for any stop payment or cancellation request
that we honor or fall to honor 11 we used ordinary care.
a
000935
4. WsltsonAdvanrss.ForAdvaocesW niromanATMM,there
is a limit for each transaction and a dally ft thatyou may obtain.
5. Service Cho elttansaction Fee for Advances. For each
Advance, there will be a Transaction Fee as disclosed in Pricing
Schedule Box 9. Any minimum and maximum Transaction
Fees are also disclosed in Pricing Schedule Box 9. The total
amount of Transaction Fees• will be shown In the descriptive
portion of your statement Transaction Fees are part of the
Finance Charge. The addition of Transaction Fees may cause
the Annual Percentage Rate on Advances to exceed the
nominal Annual Percentage Rate shown on your statement
6. Our Responsibilities to Honor Checks, We may not
accept your checks if: 1) by paving a Check or our check you
would go over your credit ins; 2) your Check or payment
check is postdated; 3} your Cards or Checks have been
reported lost or stolen; 4) your Account has been cancelled
or has expired. If a postdated check Is paid and as a result
any other check is returned or not paid, we are not
responsible. You may not use a Check, to pay arry amount
you owe under this Agreement
TERMS FOR PURCHASES
You may use your Account to purchase or lease goods
and services or for lodging services when making
guaranteed reservations or advance deposits.
TERMS FOR BALANCE TRANSFERS, ADVANCES
AND PURCHASES
1. Calculation of Finance ftarge for Balance' transfers,
Advances and Purchases. That portion of the Finance
Charge wfik?h Is determined by using the daily Periodic Rate
is calculated separately for.Balance Transfers, Advances and
Purchases, but using the same method (generally known as
the 'average daily balance, including new transactions"
method). Separate average daily balances (which may be
referred to as "Finance Charge Batancce") are calculated for
Balance Transfers, Advances and Purchases, and each such
balance is multiplied by the applicable daily Periodic Rate.
Sub)eci to the grace period for Purchases described below,
Finance Charges accrue on Purchase, Advance and Balance
Transfer transactions and fees beginning on the date the
transaction occurs or on the first day of the billing cycle it is
received by us (whichever is later), or, at our option, the date
the transaction Is posted to your Account. Finance Charges
continue to accrue until payment in full is received.
We determine each of the average daily balances as
e
follows. For each day In the biding cycle, we take that day's
beginning balance for Balance Transfers, Advances and
Purchases (an amount that includes accrued andlor unpaid
Finance Charges, fees and other charges from previous
biding cycles) and add any new Balance Transfers, Advances,
Purchases, or other debits to the appropriate balance. We
also add to each such balance an amount equal to the
previous
Transfers urchases multip edbalance of
by th appplicable daily er odiic Rate
(or If more than one rate could apply depending on the
average daily balance reaching a certain level, the lowest
applicable rate). We then subtract from the appropriate
balance arty payments or credits posted that day. This gives
us the daily balances for Balance Transfers, Advances and
Purchases. We then add all of the daily balances separately
for Balance Transfers, Advances and Purchases (excluding
days which end with a credit balance), and divide each sum
by the number of days in the billing cycle. This elves us the
average daft' balances for Balance Transfers, Advances and
Purchases. All fees charged to your Account are added to the
appropriate Purchase balance, except for any Transaction Fee
which is added to the appropriate Purchase, Advance or
Balance Transfer balance. This Agreement provides for the
compounding of finance Charges.
Then we multiply each average dally balance by the
applicable dally Periodic Rate, and then by the number of
days In the billing cycle, The daily Periodic Rate will equal
1/Wth of the Annual Percentage Rate. The daily Periodic
Rate and Annual Percentage Rate are disclosed in the
applicable portion of the Pricing Schedule, as may be
amended from time to tirre. These FINANCE CHARGES
determined by Periodic Rate for Balance Transfers, Advances
and Purchases are added to any Transaction Fees to get the
combined amount of FINANCE CHARGE shown on- your
monthly statement. For Purchases only, there is a minimum
FINANCE CHARGE of fifty ctrl: (;.SQ) If a Finance Charge
for Purchases Is Imposed.
There will not be a periodic rate Finance Charge on
Purchases If we receive payment for the "New Balance" by
the time of day on the "Payment Due Date" shown on the
monthly statement. This Is known as the "grace period.")
You may also avoid Finance Charges for new Purchases for
the first billing cycle In which they are posted to your
Account If that cycle began with a "Previous Balance' of zero
or the "Previous Balance" Is reduced to zero by oredfts or
payments we receive by the time of day on the 'Payment Due
Date' shown on your previous monthly statement Payments
must be in accordance with our payment Instructions. There
Is no grace period for Balance Transfers unless the terms of
,o
000936
the Balance Transfer offer state there will be'a grace period,
and for Advances.
2. Periodic Rate. The daily Periodic Rates applied to the
Balance Transfers, Purchases and Advances average dal
balances and the corresponding ANNUAL PERCENTA
RATES are In the Pricing Schedule. Where the Pricing
Schedule Includes "Variable Rate Index and Margin"
information for a particular rate that applies to your Account,
that rate is a variable rate and the disclosure below regarding
variable rates apply fm that rate. Where the Pricing Schedule
does not include such 'Variable Rate Index and Margin"
Information for any particular rate (as Indicated by an "WA"
for "not applicable or the absence of such information In the
Pricing Schedule), that rate Is fixed and the disclosures
below regarding variable rates do not apply. Further, for any
particular rate in the Pricing Schedule that is preceded by the
terms 'Preterred" or "Non-Preferred", that rate Is subject to
the "Preferred Customer Pricing EIIgiblhe section that
appears below. When your Account satisfies the "Preferred
Customer Pricing" conditions, the 'Preferred' rates apply;
when it does not the "Non-Preferred" rates apply.
3. Variable Rates. If the daily Periodic Rate and
corresponding ANNUAL PERCENTAGE RATE that apply to
your Account are variable rates (see Pricing Schedule), they
may Increase or decrease from one billing cycle to another.
These rates are based on the'value of an index (the "index'
to which we add a margin. The Index and margin are in the
Pricing Schedule. The Index plus the margin determine the
nominal ANNUAL PERCENTAGE RATE.
If the Index Is not published on the relevant date, the
Index-we use in setting the dally Periodic Rate for Purchases
and/or Advances on your Account will be the Prime Rate
published In The New York Times or any other newspaper of
national circulation selected by us or purposes of this
Agreement, the Index is merely a pricing Index. R is not, and
should not be considered by you to represent, the lowest or
the best interest rate eveliable to a borrower at arry particular
bank-at any given time.
lop
The daily Periodic Rate for Balance Transfers, Purchases
and/or Advances increases when the index inaresen on the
relevant date, and decreases when the Index demon on the
relevant data. An Increase In the rate may cause you to pay a
larger Finance Charge and a higher minimum monody payment
A decrease in the rate may cause you to pay a smelter fhtance
Charge and a lower minimum montldy payment Any limit on
the amount by which the daily Periodic Rate and the
corresponding Annual Percentage Rate may change at any one
11
time or over the life of your Accmunt Is set forth in the Pricing
Schedule. If no limit appears for any particular rate, then that
rate has no Limit by which it may change.
4. Preferred Customer Pricing Eligibility. If "Preferred'
and "Non-Preferred" rates appear in the Pricing Schedule,
this section applies to your Account Your Account will be
reviewed every month on your Statement Closing Date to
determine its continued eligibility for the Preferred or Non-
Preferred rates. On each monthly review, we may change
your interest rate and impose a Non-Preferred rate up to the
maximum Non-Preferred rate described on the Pricing
Schedule for oath occurrence when you do not meet the
conditions described below to be eligible for Preferred rates.
Any changes In pricing as a.resuit of the monthlreviews for
Preferred or Nan-Preferred rates will app N to existing as well
as new balances and will be effective with the billing cycle
ending on the review data.
To keep Preferred totes, the following conditions must
be met as of the review date.
• you have made at least the required minimum
payments when due on your Account and on all other
loans or accounts with us and your other creditors; and
• thecredift lint on yourAccount has not been exceeded; and
• any payment on your Am" has not been ratumed unpaid.
If you do not meet all of these conditions, then you will
be in default under this Agreement and your Account may
lose Its Preferred rates. In this event, Non-Preferred rates
will apply as described in this section. When we review your
Account In subsequent monthly reviews, we may determine
to charge a reduced Non-Preferred rate of even reinstate the
Preferred rate If, for a time period not to exceed 12 mooths,
the following conditions are met. your Account Is open, you
have made the required minimum payments when due on
your Account and on all other bans or accounts with us and
your other creditors, the credit limit on your Account has not
been exceeded and any payment on your Account has not
been returned unpaid.
We may obtain consumer credit reports from credit
bureaus on you at any time in the future, We may use the
reports and their contents, as well as information about your
Account including its payment history and level of utilization
over the life of your Account, and your other relationships
with us and our a"Ilates to review your Account including
for the purposes of determining its eligibility for Preferred
rates and of establishing the Non-Preferred rates that may
apply to your Account.
12
000937
Cormu w Repots, We may obtain consumer credit reports
from credit bureaus on you at any *ne to review your Atxount.
FOR OHIO RESIDENTS. The Ohio laws against
discrimination require that all creditors make credit equally
available to all creditworthy customers and that credit
reporting agencies maintain separate credit histories on each
Individual upon request. The Ohio civil rights commission
administers compliance with this law.
• IN CASE OF ERRORS OR INQUIRIES ABOUT YOUR BILL
YOUR BILLING RIGHTS-KEEP THIS NOTICE FOR FUTURE
USE
This notice contains important Information about your
rights and our responsibilities under the Fair Credit Billing Act
Notify Us In Case of Errors or Questions About Your Bill
if you think your bill is wrong, or if you need more
information about a transaction on your bill, write us on a
separate sheet at the address listed on your bill after the
word(s) "Questions" or "Send Inquiries To:." Write to us no
later than 60 days after we sent you the first bill on which the
error or problem appeared. You can telephone us, but doing
so will not preserve your rights.
In your latter, give us the following information:
• Your name and account number.
• The dollar amount of the suspected error.
• Describe the error and explain, 9 you can, why you
believe there is an error. If you need more
information, describe the tam you are not sure about
If you have authorized us to pay your credit card bill
automatically from your savings or checking account, you
can stop the paynrent on any amount you think Is wrong. To
stop the payment your letter must reach us three business
days before the automatic payment is scheduled to occur.
Your Rlgkis and Out Responsibilities After We Receive
Your Written Notice
We must acknowledge your letter within 30 days,
unless we have corrected the error by then. Within 90 days,
we must either correct the error or explain why we believe
the bill was correct
After we receive your letter, we cannot try to collect any
amount you question, or report you as delinquent. We can
i3
continue to bill you for the amount you question, including
finance charges, and we can apply any unpaid amount
against your credit line. You do not have to pay any
questioned amount while we are investigating, but you are
still obliged to pay the parts of your bill that are not in
question. If we find that we made a mistake on your bill, you
will not have to pay any finance charges related to any
questioned amount If we didn't make a mistake you may
gave to pay finance charges, and you will have to make up
any missed payments on the questioned amount In either
case, we wig send you a statement of the amount you owe
and the date that It is due.
If you fag 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 ten days
telling us that you still refuse to pay, we must tall anyone we
report you to that you have a question about your bill. And,
we must tell you the name of anyone we reported you to. We
must tell anyone we report you to that the matter has been
settled between us when it finally Is,
If we don't follow these rules, we can't collect the first
$50 of the questioned amount, even If your bill was correct.
Special Rate for Credit Card Purchases
If you have a problem with the quw of property
services that you purchased with a credit it card, and you nave
tried in good faith W correct the problem with the meniharrt, you
may have the right not to pay the rear hng amount due on the
property or services. There are two limitations on this right
(a) You must have made the purchase In your home
state or, if riot within your horns state within 100
miles of your current malting address; and
(b) The purchase price must have been more than
$50.
These limitations do not apply If we own or operate the
merchant, or if we mailed you the advertisement for the
property or services.
9 2001 Chase Manhamn eanh USA, W.A. A0 RVft Resenroe.
14 U4534 (9-01)
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EXHIBIT A-1
ASSIGNMENT AND BILL OF SALE
CACH, LLC ("Seller") has entered into a Purchase Agreement ("Agreement") dated March 29, 2010,
with a Closing Date of March 29, 2010 as amended by the Closing Statement dated March 29, 2010, for
the sale of Accounts described in the electronic Account Schedule provided to (`Buyer') upon the terms
and conditions set forth in that Agreement.
NOW THEREFORE, for good and valuable consideration, Seller hereby sells, assigns and transfers to
Buyer all of the Seller's rights, title and interest in each and every one of the Accounts described in
Exhibit A to the Agreement.
THIS BILL OF SALE IS EXECUTED WITHOUT RECOURSE OR WARRANTIES EXCEPT AS
STATED AND PROVIDED FOR WITHIN THE PURCHASE AND SALE AGREEMENT.
Buyer and Seller agree that the Purchase Price shall be as stated in the Closing Statement, attached to the
Agreement.
IN WITNESS WHEREOF, Seller has signed and delivered this instrument on the 29th day of March
2010.
CACH, LLC
By: 11f. (?
Brian "W. Tuite
Authorized Representative
EMMIT A-2
ASSIGNMENT AND BILL OF SALE
CACV of Colorado, LLC ("Seller") has entered into a Purchase Agreement ("Agreement") dated March
29, 2010, with a Closing Date of March 26, 2010 as amended by the Closing Statement dated March 29,
2010, for the sale of Accounts described in the electronic Account Schedule provided to {"Buyer") upon
the terms and conditions set forth in that Agreement.
NOW THEREFORE, for good and valuable consideration, Seller hereby sells, assigns and transfers to
Buyer all of the Seller's rights, title and interest in each and every one of the Accounts described in
Exhibit A to the Agreement.
THIS BILL OF SALE IS EXECUTED WITHOUT RECOURSE OR WARRANTIES EXCEPT AS
STATED AND PROVIDED FOR WITHIN THE PURCHASE AND SALE AGREEMENT.
Buyer and Seller agree that the Purchase Price shall be as stated in Closing Statement, attached to the
Agreement.
IN WITNESS WHEREOF, Seller has signed and delivered this instrument on the 29th day of March
2010.
CACV,LLC
By: 4,2?
Brian W. Tuite
Authorized Representative
Dcpt. 12421
PO Box 603
Oaks.. PA ] 9456
111111 1
II IINII I?NNlbIN11NIIINI?IIIII1Nl IIINl I I II II III
07-07-2010
#BWNHLTH 18321 3140
#0000 0853 4268 1922#
RODMAN RICHARDS
218 WOOD ST
CAMP HILL, PA 170112641
- Midland Credit
Management, Inc.
Dear RODMAN RICHARDS,
Midland Credit Management, Inc. has made several attempts to
contact you regarding this account. This letter is to inform you that we
are considering forwarding this account to an attorney with the intent our la t
to initiate legal action to satisfy the debt. Upon receipt of this notice,
with us
*eoun
t go"
please call immediately to discuss your options.
If we don't hear from you or receive payment by 08-06-2010, we may report
ft
1M1'I
"
proceed with forwarding this account to an attorney. t
wltt, tre
edor•
What do you need to do to stop this process from continuing? Make all of your
payment(s)
1) Mail in $250 and call to set up your remaining payments, or account,
roportwill be
2) Call us today to see how to qualify for discounts and affordable 'Paid in Fun'l-
payment plans.
LET US HELP YOU! Once the account goes to an attorney, our flexible
options may no longer be available to you. There is still an opportunity to
make arrangements with us. We encourage you to call us today: CALL US TODAY!
(800) 939-2353
(800) 939-2353
Midland Credit Management
(800) 939-2353
PLEASE SEE REVERSE SIDE FOR IMPORTANT INFORMATION AND Hours of Operation:
ADDITIONAL DETAILS ABOUT YOUR ACCOUNT.
M-Th i ri 6Gam -
Fr
F Gam - 5pm;
Your credit report will not be updated if the federal reporting period has expired. Sat Gam - 2:30pm PST
Please tear off and return lower portion with payment in the envelope provided
MCM Account No.: 8534268192
Current Balance: $15,998.65
Payment Due Date: 08-06-2010
Amount Enclosed:
Make check payable to: Midland Credit
Management, Inc.
1KC Midland Credit Management, Inc.
P.O. Box 60578
Los Angeles, CA 900600578
I1.11. 111.1 111...II„ Lll111l
Q
0
a
a
12 8534268192 2 1599865 080610 5
1=1-3MS- 3140
M c m ODept. 12421 PO Box 603
aks PA 19456
STATEMENT
MCM Account #: 8534268192 Previous Balance:
$15,346.54
Original Account#: 4800115996549762 Interest Rate:
15.99%
Statement Date: 07-07-2010 Due Date: 08-06-2010 Accrued Interest:
$652.11
Current Owner: Midland Funding
LLC Original Creddor:BANK OF AMERICA, N.A. Current Balance:
$1.5,998.65
Due Date Date Received Transactions Amount
08-06-2010 07-07-2010 The above-referenced account was purchased by $15,998.65
Midland Funding LLC and is serviced by Midland
Credit Management. Inc. ("MCM"). The balance of
$15,998.65 is due now.
Please direct all correspondence to: Midland Credit
Management, Inc.
Current Balance:
$15,998.65
Please understand this communication is from a debt collector. This is an attempt to collect a debt. Any
information obtained will be used for that purpose.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff iL C0 0Fi iC
Jody S Smith f- s 3 9 r ; r
Chief Deputy ?i1 I i FEB -8 AM 01: 7 01
Richard W Stewart
Solicitor ;LIMiBERLAHID l: t.'' q.
PE_N N SYL!'A',
Midland Funding LLC
vs. Case Number
.
Rodman Richards 2011-1268
SHERIFF'S RETURN OF SERVICE
02/04/2011 05:12 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on
February 4, 2011 at 1712 hours, he served a true copy of the within Complaint and Notice, upon the within
named defendant, to wit: Rodman Richards, by making known unto himself personally, at 218 Wood
Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to
him personally the said true and correct copy of the same.
N T A , DEPUTY
SHERIFF COST: $41.50
February 07, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF