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HomeMy WebLinkAbout04-3907Bruce K. Warren, Esq. Law Office of Bruce K. Warren & Associates 4901 Cottman Avenue Philadelphia, PA 19135 215-543-9500 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH FINANCIAL SYSTEMS, INC as assignee of UNIFUND CITIBANK 120 North Keyser Avenue Scranton, PA 18504 V. Denise Jo McCardell 1943 Carlisle Road Camp Hill, PA 17011 No. d q- 43467 C 1 U L C-Tal.? CIVIL ACTION COMPLAINT CONTRACT MATTER NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served by entering a written appearance personally or be attorney and filing in writing with the court your de- efenses or objections to the claims set forth against you. You warned that if you fail to do so the case may proceed without you and ajudgment 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 CAN NOT AFFORD ONE GOT TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Le hall demandado a Listed en la Corte. Si Listed quiere defenderse de estas demandas expuestas en las paginas siquientes, usted tien veinte (20) dial de plazo al patir de la fecha de la demada y la notificacion. Hace falta asentar una comparencia escrita o en persona o con on abogado y enteregar a la corte en forma escriti sus defenses o sus object- ones a las demandas en contra de so personal. See avisado que si usted no se defiencde, la corte tomato medidas y puede continuar la demanda en contra suya sin previo aviso o notificat cacion. Ademas, la Corte y pueda decidir a favor del deman dante y requiere que Listed cumpla con todas ]as provisomes de esta demands. Usted puede perder dinero o sus propiedades u otros derechos importantes para Listed. LLEVE ESTA DEMANDA A UN ABORGADO IMMEDIATA MENTE. S1 NO TIENE ABOGADO O SI NO TIENE EL DIN PERSONA O FLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA70 PAPA AVERiGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL COURT ADMINSTR,ATOR'S OFFICE 1 Courthouse Square County Courthouse Carlisle, PA 17013 Bruce K. Warren, Esq. Law Office of Bruce K. Warren & Associates 4901 Cottman Avenue Philadelphia, PA 19135 215-543-9500 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH FINANCIAL SYSTEMS, INC as assignee of UNIFUND CITIBANK 120 North Keyser Avenue Scranton, PA 18504 V. Denise Jo McCardell 1943 Carlisle Road Camp Hill, PA 17011 No. 04 - Y07 CIVIL ACTION COMPLAINT CONTRACT MATTER 0t, The Plaintiff, Commonwealth Financial Systems, Inc. is a Pennsylvania Corporation with it headquarters at 120 North Keyser Street, City of Scranton, and Commonwealth of Pennsylvania. 1 The Defendant, Denise Jo McCardell is an adult individual residing at 1943 Carlisle Road, City of Camp Hill, County of Cumberland and Commonwealth of Pennsylvania. At all times relevant herein, the Plaintiff was engaged in the business of debt purchase and collection. 4. On or about, November 5, 2002, the Plaintiff was assigned all rights to certain credit card accounts from Unifund Citibank, including the account opened by Defendant. (See copy of assignment attached hereto as Exhibit ?A„) 5. On or about June 1, 1995, the defendant opened and used a credit card account from Unifund Citibank. See copy of Affidavit of Indebtedness as Exhibit B. 6. The Defendant used the accounts for the intended purpose, and made purchases with the cards. 7. The Defendant has failed and refused to make payment on the account. 8. The Defendant's last payment on account was 2001. 9. The balance at the time of the last payment on account was $24, 849.48. 10. Pursuant to the account agreements, any unpaid balance accrues interest at the rate of 17.9%, however, Plaintiff seeks interest only at the legal rate of 6%. 11. Interest from the date of last payment on account equals $5285.79. 12. The total amount due and owing Plaintiff is $35,846.98. WHEREFORE, Plaintiff requests judgment in the amount of $35,846.98 plus costs of suit. Respectfully submitted: By: Bruce K. Warren, Esq. u-Mer- I ) Unifund CCR Partners SILL OF SALE Unifund CCR Partners, for value received and in accordance with the terms of the Accounts Receivable Purchase Agreement by and among Unifund CCR Partners and Commonwealth Financial Systems, Inc. ("Purchaser"), dated as of October 9, 2002 (the "Agreement"), does hereby sell, assign and transfer to Purchaser all of its good and marketable title, free and clean of all liens, claims and encumbrances in and to the Accounts listed in the Account Schedule attached as Appendix A to the Agreement, without recourse and without representation or warranty of collectibility, or otherwise, except to the extent stated in the Agreement. Executed on UNIPUND CCR PARTNERS By Credit Card Receivables Fund, Inc. Its General Partner By David Rosenberg President For Unifund Use ONLY 12 Client # PID CID # Cardmember Agreement This Agreement and the card carrier are your Cardmember Agreement The card carrier contains important account information, including the annual percentage rate and the amount of any membership fee' Please read and keep the card carrier and this Agreement for your records. This Agreement is binding on you unless you can- cel your account within 30 days after receiving the card and you have not used or authorized use of your account To simplify the rest of this Agreement for you, the following definitions will apply. The words you, your, and yours mean the person(s) responsible for this Agreement, to whom we direct the billing statement The word card means one or more cards which we have issued with your account number. The words we, us, and our mean Universal Bank NA, a Citibank affiliate and a member of the Cidgroup family of companies. The words authorized user mean any person to whom you give permis. lion to me your account The words convenience rheda and balance transfer checks mean one or more checks that we may provide to access your account The words designated telephone number mean the telephone number to which your DI& l service is billed, which may or may not be your home telephone number. The words calling transactions mean the calling card calls you make with your card and AT&T services you requested to have billed in detail on your billing statement Calling transactions also include AT&T WorldNet Services which you requested be combine billed on your billing statement rather than charged as a purchase on your account. The words AT&T services include, but are not limited to, the following. AT&T Residential Long Distance, AT&T Lod, and AT&T Wireless Services. Using Your Account and Your Credit Line. The card must be signed to be used Your Initial credit line appears on the card car- rier containing the card A portion of your credit line, called the cash advance limit is available for cash advances. At our discretion and at any time, we may change your credit line or ash advance limit.' We will notify you if we do, either by mail or through a billing statement sent either before or after the change taka dkcL You may request a change to your credit line or ash advance limit by contacting Customer Service by telephone or mail. You can use your account and your card for personal, family or household purposes only. The full amount of your credit fine is available to buy or lease goods or ser- vices wherever the card is honored and to make caging transactors. Your ash advance limit is available for ash through any bank or automated teller machine that accepts the card or by using convenience checks. The total amount charged on your account including,purchases, balance transfers, cash advances, finance charges, fees, or other charges, plus your calling transactors, must always remain below ITur cred- it line. However, g that tot amount exceeds your credit line you must still pay us. If this is a joint account each of you, together and individually, is responsible for all amounts owed, even g the account is used by only one of you. You will continue to be liable for the entire balance of your account even If your cc-applicant is ordered by a court to pay us. If a court orders your co-applicant to pay all or a portion of your account balance, you wig remain liable to us if your co-applicant fails to pay as ordered by the court and your account status will continue to be reported to the credit bureau under your name. P J R, r e VCS v cs Annual Percentage Rate for Purchases: Your annual percentage rate for purchases and the corresponding daily periodic rate appear on the card carrier. A daily periodic rate is the applicable annual percentage rate divided by 365. Whether or not the annual percentage rue for purchases is , based on the U.S. Prime Rate plus a margin is indicated on the card artier. Please see the section entitled "Variable Annual Percentage Rates for Purchases and Cash Advances" for details relating to how this rate may change S Annual Percentage Rate for Cash Advances Your ANNUAL PERCENTAGE RATE for cash advances is 19.99%, which corresponds to a daily periodic rue of 0.0548%. The daily periodic rue is the ash advance annual percentage rate divided by 365, Please see the section entitled Variable Annual Percentage Rams for Purchases and Cash Advances for details relat- ing to how this rate may change if you default under any Cardmember Agreement Variable Annual Percentage Rates for Purchases and Cash Advances: If the annual percentage nu for purchases is based on the U.S. Prime Rate plus a margin, we will calculate the rue by adding the margin that appears on the card artier to the US. Prime Rate published in The Wall Street Journal on the last business day of each month. If more than one U.S. Prime Rate is published we may choose the highest rate If The Wall Stmt Journal ceases publication or to publish the U.S. - " . . - Prime Rare, we may use the US. Prime Rate published in any other newspaper of - general circulation, or we may substitute a similar reference rate at our sole discre- lion. Each time the annual percentage rate changes, we will apply it to any existing balances, subject to my promotional race that may apply. " In addition, the annual percentage rue for purchases and ash advances may vary if - ' you default under any Cardmember Agreement because you fail to make a payment _ to us or any other creditor when due, you exceed your credit fine, or you make a payment to us that is not honored by your bank. In such dreumstanm we may increase the ANNUAL PERCENTAGE RATE (including any promotional rate) " on all balances to a higher rate of up to 13.99% Factors considered in determining this higher rue may include the length of time the account has been open, the exis- tence. seriousness, and timing of Cardmember Agreement defaults, and other indica• lions of account usage and performance Your account may again become eligible for ' a lower annual percentage rate on new purchases, new, ash advances, or both after you have met the terns of all Cardmember Agreements for six months. Your exist/ ing balances will remain subject to the higher rate undl they are paid in full. r " Any increase or decrease In a variable annual percentage rate takes effect on the first day of the billing period directly following the month in which we calculate the rate. " The annual percentage race in effect and any subsequent changes to it will appear on ` - the billing statement An increase in the variable annual percentage rue means you t " will pay a higher finance charge and perhaps a higher minimum payment Promotional Rate Offers:At our discretion, we may offer you a promotional annual percentage rate for all or a _ part of the purchase and/or ash advance balances. The period of time for which the promotional ate applies may be limited. Any promotional rate, the corresponding periodic rates, and the period of time during which it is in effect will appear on the - - card carrier. We may also offer you a promotional annual percentage ate to U C-S encourage specific transactions, such as transferring balances from accounts you have with other creditors. Any promotional rate offer will be subject to the terms ' of the offer and this Agreement. Transaction Fee for Balance Transfers: ; For each balance you transfer from any creditor by means other than a convenience i. check we add an additional FINANCE CHARGE of 3.0% of the amount of the balance transfer, but not less than $10 or more than $29. This fee will be added to the purchase balance. The balance transfer fee may muse the annual percentage t - rate on the billing statement on which the balance transfer first appears to exceed f the nominal annual percentage rate. t Finance Charges: Finance charges will begin to accrue from the date of the transaction for purchases i and continue to acme until payment In full is credited to your account. However, - 9 you paid the total New Balance fisted on the last billing statement by the payment due date on that statement. you will have until the payment due date on your cur- ' rent statement to pay your total New Balance to avoid imposition of finance charges - on purchases. For cash advances and balance transfers, finance charges will begin to acme from the date of the transaction and continue to accrue until payment In full f is credited to your account. No finance charge is imposed on calling transactions in the billing period in which they are posted to your accourc Any calling transaction that is not paid by the payment due dare on the monthly statement in which It is - billed is added to your daily balance for purchases on the first day of the next billing period and finance charges will begin to acme on that day. i We will calculate finance charges as follows.. ' • We figure a portion of the finance charge on your account by multiplying the daily balance for purchases (which includes balances you transfer from any credi- tor by means other than a convenience check) and the dally balance for ash advances by the applicable daily periodic rate and adding together any such - finance charges for purchases and separately adding together any such finance - ,. charges for cash advances for each day in the billing period . • For fmance charge calculation purposes, the billing period begins on the day after - - - the closing date of the previous billing period and includes the closing date of the current billing period The number of days In the billing period may vary . • To calculate the daily bahances,we take the beginning balance for purchases ' (which includes any unpaid calling transactions from prior billing periods) and the r beginning balance for cash advances each day, add any new transactions (not Including new calling transactions), fees, any finance charge on the previous day's balance, subtract any payments or credits, and make other adjustments. Unless ,• . we elect to use a later date, we add a new purchase to the purchase balance as - r of the date of the purchase and a new ash advance to the cash advance balance wt on the date of the advance. A credit balance is treated as a balance of zero. • The balances.subjea to finance charge for purchases and for ash advances on the billing statement are each the avenge of the respective daily balances during - .. _ ' the billing period If you multiply these figures by the number of days in the - a billing period and by the applicable daily periodic rates, the results will be the finance charges assessed except for minor variations caused by rounding. i i • If the balance for purchases or for ash advances is subject to more than one rate (for example, because of purchases or ash advances made during a promo- tional race offer), we will separately calculate each balance subject to each differ. i ent finance charge and the resulting finance charge in the same manner as t described above. Cash Advances and Transaction Fee: You have obtained a ash advance ff you obtain funds from an automated teller machine (ATM); through a convenience check, through home banking, or through a ?. financial institution; make a wire transfer, acquire a money order, travelers check, y lottery ticket betting or casino chip, or similar item; or engage in another similar transaction. For each cash advance, we add an additional FINANCE CHARGE of 34% of the advance, but not less than $10. This fee will be added to the cash advance balance. (The amount of the cash advance may include a surcharge that the ATM owner imposes.) The cash advance transaction fee may cause the annual per- cemage rate on the billing statement on which the ash advance first appears to exceed the nominal annual percentage rate. Minimum Finance Charge: If finance charges based on periodic rates are being added to your account but the ! toal of such finance charges for purchases and ash advances is less than $50, we ) assess a minimum FINANCE CHARGE, based on periodic rates. of $30. We add . the amount to the purchase balance, unless the finance charge applicable to the pur- chase balance is zero, in which can we add the mount to the ash advance balance. Credit Balance: You may not maintain a credit balance on your account in excess of your assigned credit line. We will return to you any credit amount over $1.00 if the amount has been on your account longer than three months. You may request a refund of a credit balance ac any dme We may reduce the amount of any credit balance by the amount of new charges billed to your account Transactions Made in Foreign Currencies: If a transaction is made in a foreign currency, we and Visa International or MasterCard International, depending on which card is used will convert the transac- don into a U.S. dollar amount Vin and MasterCard will act in accordance with their operating regulations or conversion procedures in effect at the time the trans- action 'a processed. Currently, their regulations and procedures provide that the currency conversion rate they use is either (I) a wholesale market rate or (2) a gov- ernment-mandated rate in effect one day prior to the processing date Bode Yna and MasterCard increase this conversion race by one percent and keep this increase We increase the conversion rate provided to us by ft or MasterCard by two per. cent and keep this increase The currency conversion rate calculated in this manner that is in effect on the processing date may differ from the rate in effect on the transaction date or the posting dace. Minimum Amount Due: Each month you must pay a minimum amount that is the coal of three figures. The r t G ?t i i `. first is any previous amount that is past due plus arty amount in excess of your credit k• Inc The second is the sum of all calling transactions posted to your account in the S L __ - w:...... _ ..,.. .. _.. ..._ "In 7 1 L billing period. The third is the greater of the amount of your billed finance charges or one of the following: • The New Balance on the billing statement 9 it is less than $20, or • $20, if the New Balance is at lent $20 and not greater dun $960, or }} • If the New Balance exceeds $960, I/48 of the New Balance (rounded down . i. to the nearest dollar). You must pay at least the minimum amount by the payment due date, but you may pay more at any time without a penalty. We will allocate payments to amounts + owed on your account at our discredon. This Includes, but is not limited to, applying payments to promotional balances, such as balances you transfer from credi- tors, before we apply such payments to your purchase or ash advance balances, If . you pay more than the minimum, we will allocate the excess amount to the purchase - or cash advance balance at our discretion. The sooner you pay the New Balance, . the less you will pay in finance charges. We may also allow you to skip a payment If we do, we will nodfy you. It you choose to skip a payment when offered, we will continue to assess finance charges, t ,. - - Payments: Instructions for making payments are on your billing statement Do not send ash payments. We can accept late or partial payments, as well as payments chat reflect ' "paid in full" or other restrictive endorsements without losing any of our rights under this Agreement. There may be a delay of up to five days in crediting a payment if it is received at an address other than the address provided an the billing - statement or If the payment is not made in accordance with any of our other instruc• - ,. dons. You agree to pay us in U.S. dollars drawn on funds on deposit in the United . Sates using a payment check similar Instrument. or automatic debit that will be processed and honored by your bank We reserve the right to accept payments made in foreign currency. If we do, we will select the currency conversion rate at our discretion. - - Over-the-Credit-Line Fee: We will add a $29 fee to the purchase balance for each billing period that the New - ,. - - Balance exceeds your credit line. _ Late Fee: K We will add a $29 fee to the purchase balance for each billing peiod you fail to make the minimum payment by its due date. ! - .. Returned Payment Fee: , . ; We will add a $29 fee to the purchase balance when a payment check or similar S. instrument is not honored, when we must return is because it cannot be processed, I' . or when an automatic debit is returned unpaid. At our option, we will assess this - fee the first time your check or payment is not honored, even if It is honored upon resubmission. Convenience Checks Convenience checks may be used to purchase goods and services or to obtain ash r . up to the amount of your available cash advance limit unless that amount will cause _ the balance to exceed your credit line. We will treat convenience checks as a ash E 6 UQ,S= advance and charge them against your ash advance limit Each convenience check must be in the form we have issued and must be used according to any instruc- tions we give you. Convenience checks may be used only by the person whose name is printed on them. Convenience checks may not be used to pay any amount owed to us under this or any other Cardmember Agreement. We will not certify any convenience checks, nor will we return paid convenience checks. Returned Convenience Check Fee: We will add a $29 fee to the cash advance balance if we decline to honor a conve- nience check We may decline to honor such checks if, for example, the amount of the check would cause the balance to exceed your ash advance limit or credit line, if you default, If you did not comply with our instructions regarding the check if your account has been dosed, or if the card has expired. Stop Payment Fee: We will add a $29 fee to the ash advance balance when payment of a conve- nience check is stopped a your request You may stop payment on convenience checks which we issue to you on or after May 4, 200, by notifying us in writing at P.O. Box 6500, Sioux Falk South Dakota 57117, or by calling us at the telephone number listed on the billing statement You may not stop payment on a check which we issue to you prior to May 4, 2000 unless you call us prior to May 4, 2000. If you call, you must confirm the call in writing within 14 days. A written stop payment order will remain in effect for six months unless renewed in writing. Once a charge Is made through the use of the card or account number we canna "stop paymerre' on the charge. If there is a dispute involving a charge on your account please refer to the section entitled "What To Do If There's An Error In Your Bill".' - "' Lost or Stolen Cards, Account Numhers, or Convenience and Balance Transfer Checks: . If any card, account number or check is lost or stolen or If you think someone used or may use them without your permission, notify, us at once by calling the telephone number shown on the billing statement or 1-800423-4343. We may require you to provide certain Information in writing to help us find out what hap- pened, and to comply with such procedures as we may require in connection with our investigation Don't use the card, account number, or any checks after we've been nodfied, even If they are found or returned You may be fiable for unautho- rized use of the account but noc for mom than $50. You won't be liable for unauthorized purchases, cash advances or calling card calls made after we've been notified of the loss or the theft however, you must Identify for us the charge on the billing statement that were not made by you, or someone authorized by you, and from which you received no benefit Default You default under this Agreement If you fail to pay the minimum payment laced on each billing statement when due, fail to make a payment to any other creditor when due, file for bankruptcy, exceed your a-edit line, pay by a check or similar instrument that is not honored or that we must return because it cannot be processed, pay by automatic debit that is returned unpaid, or default on any other Cardmember Agreement If you default we may close your account and demand immediate payment of the full balance. v t r i F i i ' r t 7 OPO-77501 ot* 6 Preauthorized Charges: If you default, if the card is lost or stolen, or we change your account or account number for any reason, we may suspend automatic charges on that account to third-parry vendors for insurance premiums or other goods or services. If preauthorized charges are suspended you must contact the third-party vendor _ to reinstate them. You are responsible for making direct payment for such ti charges until you reinstate automatic charges. Collection Costs: If we refer collection of your account to a lawyer who is not our salaried ?' - employee, you will be liable for any reasonable actomey's fees we incur, plus the ) cows and expenses of any legal action, to the extent permitted by law. t Customer Privacy: f ' We will safeguard, according to strict standards of security and confidentiality, any information you share with us. We will limit the collection and use of arty such information to the minimum we require in order to deliver you superior service, which includes advising you about our products, services, and ocher opportunities, - - and to administer our business. We will permit only authorized employees, who - are trained In the proper handling of customer information, to have access to your information. Whenever we hire other organizations to provide support ser- vices, we will require them to conform to our privacy standards and to allow us to audit them for compliance I We will always maintain control over the confidentiallty of your Information. We - will, however, facilitate relevant marketing and promotional offers from reputable .. ' companies that meet your needs These companies are not permitted to retain any of your information unless you have specifically expressed interest in their products or services. If you do not want to receive these offers, write or all us at the address or telephone number listed on the billing statement. Be sure to include your, name, address, and account number. We will remind you at lease once each year of your right to be excluded from these offers. We may report your performance under this Agreement to credit reporting agencies, inducting your failure to make minimum payments on time If you ' . request additional cards on your account for others, you understand that we may report account information in your name as wdl as In the names of those other , people. We may also obtain follow-up credit reports on you (for example, when we review your account for a credit line increase). If you wish to know the - ,. names of the agencies we have contacted, write us at the address listed on the C, - billing statement We will try to notify you by telephone or by mad of any legal process served on us in order to give you an opportunity m object to lt, unless e`: " . .. the law prohibits the notice. - - Except as sec forth in this Agreement and except for reports to credit reporting - agencies, information we are permitted to share with our affiliates, and informs- _ , . don we share in connection with collection of your account, no one else will be I . given information about your account without your knowledge, authorization or - proper legal authority. r 0 8 Sharing Customer Information Among Our Affiliates: To alert you to special offers and provide you with products and services that are tai- lored specifically to you, our affiliates share information about you on a confidential basis. Our affiliates are permitted by law to share any Information about their transaction or experiences with you. Other information you provide to us or that we obtain from third parties (for example, credit bureaus) will not be shared if you nodfy us that you do not want such information shared among our affiliates. You may notify us in writing of your instruction at any time Please send your name and address (as it appears on your account statement), along with your account type, account number and Social Security number co Citibank Processing Center at CN 3178, Mail Stop UCS, South Hackensack NJ 07606. We ask that you mail your instruction in a stamped envelope that does not include any other correspondence If i . you have already told us that you do not want such other information shared, your instruction remains in effect You do not need to notify us again. I( you are aim a customer of other Citigroup companies (such as Commerdal Credit Travelers Property Casualty, Travelers Ufa & Annuity, Salomon Smith Barney and Primerica Financial Services) and you receive a notice of their intent to share certain information about you with their aBliare, you will need to separately notify them it you do not want such information shared Telephone Monitoring and Recording: a From time to time we may monitor and record your telephone calls regarding your account with us co assure the quality of our service. Correcting Your Credit Report ff you drink we reported erroneous information to a credit reporting agency, write us ac the address listed on the billing statement We will promptly Investigate the mac- '. ter and if our investigation shows you are right, we will contact each credit reporting _ agency to whom we reported and will request they correct the report If we dfs- ' agree with you alter our invesdgadon, we will tell you in writing or by telephone and .. instruct you how to submit a statement of your position to those agencies. Your statement will become a pact of your credit record with them. Closing Your Account Y • You may close your account at any time by notifying us in writing. However, you remain responsible to pay cite balance according to the terms of this Agreement We may close your accoutre or suspend your account privileges at arty time for any reason - without prior notice. We may also reissue a d0erent card, account number, or d'd- ' • ferenc checks at any time. You mutt return the card or the checks to us upon . .. request If this is a joint account, either of you may request that the account be ' closed and we will honor that request without us having any liability to either of you. Refusal of the Cord: , . I We are not responsible 9 a tranacdon on your account is not approved ether by us . or by a third party, even if you have sufficient credit available. We may lima the num- \ ber of transactions which may be approved in one day. If we detect unusual or suspi- cious activity on your account we may temporarily suspend your credit privileges 0(1-5 until we an verify the activity. We may approve transactions which cause the bal. ante to exceed your credit line without waiving airy of our rights under this Agreement Changing this Agreement We can change this Agreement including all fees and the annual percentage rate, at - any time However, if the change will cause a fee, rate or minimum payment to increase, we will mail you written notice at least 15 days before the beginning of the t - billing period In which the change becomes effective. If you do not agree co the , change, you must notify us in writing within 25 days after the effective date of the change and pay us the balance, either at once or under the terms of the unchanged Agreement Otherwise. the lunge in the notice is binding on you. Unless we noti- _ fy you otherwise, use of the card after the effective data of the champ shall be deemed acceptance of the new terms, even if the 25 days have not expired x Enforcing this Agreement We can delay in enforcing or fail to enforce any of our rights under this Agreement • without losing them. t. Assignment We reserve the right to assign any or all of our rights and obligations under this j - Agreement co a third parry. AT&T Calling Transactions Terns and Conditions. In these AT&T Calling Card Terms and Conditions, the term AT&T Calling Card refers to the Calling Card function of your card. The words "you," "your" and - " ' ? I yours mean each individual who applies for the card account . You agree to pay for all charges incurred with the AT&T Calling Card and to comply with the other terms set forth herein. The AT&T Caning Card is not transferable You may authorize other to use the AT&T Calling Card but the responsibility of payment for the charges i incurred will remain yours. ` Charges for AT&T telecommunications services will be rated and charged in I i . United Sates dollars in accordance with AT&Ts effective tariffs AT&T _ tariff races for AT&T Calling Card alas may include a service charge, which will - vary depending upon where and how you dl. The service charge as of October f 1999 for a state-to-state AT&T Calling Card using 1 800 CALL ATT is 99 cents - for a non-operator-assisted dl and $1.95 for an operator-assisted dL The ser- vice charge as of Comber 1999 for an in-sate AT&T Calling Card using 1 800 ' CALL ATT ranges from 35 cents to 99 cents for a non-operator assisted call and F' from 80 cents to $3.45 for an operator-assisted all. That service charges arty vary g you have an AT&T optional calling plan or use other during methods, for {{ example, 0 or 10-10-ATT, to place an AT&T Calling Card can. An rata are sub- ject to change. Effective March 1999, AT&T will add a 30 cents per dl surcharge to caning card calls originated from pay phones. This surcharge recovers a pay phone usage fee - • imposed upon AT&T to compensate pry phone owners for using their - : equipment This fee is subject to change. t r , 10 ,^ c:x?-.:.r?Trt++*?GRR!r:ate .ti -.?? r. r.? _ , x"Iw..-.nom U Q-5 • In the event the AT&T Calling Card may be used for AT&T Services not coy- ' ered by tariff. AT&T will attempt to provide such non-tariffed services as described in its marketing materials, but AT&T does not warrant such services to be error-free or fit for any particular purpos8 - You may not me the non-tar. - iffed portion of the services for any unlawful purpose and you are responsible for and will hold AT&T harmless against the consequences of any such unlawful use of my slander, libel or other actionable content in any message. The liability of AT&T, or arty of its employees, agents or cooperating service provider(s) arising from any misdelivery, non-delivery or my other errors or omissions in the provision of the non-tariffed portion of the services is limited to an amount equal to the charge for any such service(s). • Your account may be subject to a maximum monthly usage limit • If AT&T suspects fraudulent use of your AT&T Calling Card, AT&T may, among other things, suspend or terminate your AT&T Calling Card without further notice. Applicable Low: The terms and enforcement of this Agreement shall be governed by federal law and the law of Georgia. where we are located For Further Information: You can call us at the telephone number shown on the billing statement, or at 1.800-423-7343. ?. a r th J rrell Meeridi r . President and COO Universal Bank NA - (M000 Universal Bank NA WHAT TO DO IF THERE'S AN ERROR IN YOUR BILL Your Billing RightL Keep This Notice For Future Use. ' This notice contains important information about your rights and our responsibili- ties under the Fair Credit Billing Act ; .. _ , Notify Us In Case of Errors or Questions About Your 6111. .. If you think your billing statement is wrong, or if you need more information about a transaction an your billing smtemenG write to us (on a separate sheet) at the address provided In the Billing Rights Summary portion on the back of your billing statement Wrhe to us as soon as possible We must hem from you no lacer than 60 days after we sent you the first billing statement on which the error or problem -;c appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: ' • Your name and account number. ik • The dollar amount of the suspected error i ot3 , • Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about • Please sign your letter. If you have authorized us to pay your credit card bill automatically from your savings or checking account you an stop the payment on any amount you think is f wrong. To stop the payment you must tell us at least three business days before the ` automatic payment is scheduled w occur. Your Rights and Our 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 a believe your billing statement was correct After we receive your letter, we cannot ' try to collect any amount you question, or report your account as delinquent We E' an continue to hill you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit line. You do not have co pay any ac' questioned amount while we are investigating, but you are still obligated to pay the parts of your balance that are not in question. i If we find that we made a mistake on your billing statement you will not have to pay any finance charges related to any questioned amount If we didn't make a mistake, you may have to pay finance charges, and you will have to take up any missed pay- ments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date it Is due. - i 9 you fail to pay the amount that we think you awe, we may report you as delin- . quent However, if our explanation does not satisfy you and you write to us within - 10 days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill. And, we must tell you the name and - - address of anyone to whom we reported your account information. We must tell i anyone we report you to that the matter his been settled between us when it is , finally settled t If we don't follow these rules, we ran'c collea the first SSO of the questioned amount even H your billing statement was correct Special Rule for Credit Card Purchaser ' . If you have a problem with the quality of property or services that you purchased with a credit card, and you have tied in good faith to correct the problem with the merchant you may have the right not to pay the remaining amount due on the prop- erty or services. There are two limitations an this right - • You must have made the purchase in your home state or, if not within your home k. - - state, within 100 miles of your current address, and i • The purchase price must'have been more than $50. is These limitations do not apply 4 we own or operate the merchant or if we mailed t' you the advertisement for the property or services. - { t: RICA-UCS 03/00 CJ 10% Post Consumer Waste Gn077501 f2 IL SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-03907 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COMMONWEALTH FINANCIAL SYSTEMS VS MCCARDELL DENISE JO R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MCCARDELL DENISE JO unable to locate Her in his bailiwick COMPLAINT & NOTICE , but was He therefore returns the NOT FOUND , as to the within named DEFENDANT 1943 CARLISLE ROAD CAMP HILL, PA 17011 , MCCARDELL DENISE JO ADDRESS SHOULD BE 1934 CARLISLE ROAD, CAMP HILL. DEFT MOVED SEVEN YEARS AGO. POST OFFICE HAS NO FORWARDING INFORMATION. Sheriff's Costs: So answers: Docketing 18.00 Service 10.36 /?- Not Found Return 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 43.36 WARREN & VULLINGS 08/20/2004 Sworn and subscribed to before me this fA,}- day of wf._c ,2 ppy .u?A..D. Prot , Ot (2 Curtis R. Long Prothonotary office of the Protbonotarp (Cuntberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor b14 - 3 467 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573