Loading...
HomeMy WebLinkAbout11-8626IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA -' REMIT CORPORATION, Plaintiff v. vs. DAVID B. SCHWEITZER, Defendant CIVIL-LAW DOCKET NO. ?- Nil NOTICE TO DEFENDANT TO THE DEFENDANT: YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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. Pennsylvania Lawyer Referral Service 100 South Street, PO Box 186 Harrisburg, PA 17108 800-692-7375 717-238-6807 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 LAURINDA J. VOCOMER, ESQUIRE Attorney for Plaintiff O $ ga.CO ?aa I OLa ?t-*1(pot A 12-%L a4-7.g3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. DAVID B. SCHWEITZER, Defendant CIVIL-LAW DOCKET NO. COMPLAINT The Plaintiff, Remit Corporation, by and through its attorney Laurinda J. Voelcker, Esquire, hereby files this Complaint of which the following is a statement: 1. The Plaintiff, the Remit Corporation is a Pennsylvania Corporation doing business at 36 West Main Street, P.O. Box 7, Bloomsburg, Columbia County, Pennsylvania 17815. 2. The Defendant, David B. Schweitzer, is an adult individual residing at 818 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 3. Defendant obtained an Ameritech MasterCard credit card on or about October 13, 2005, from HSBC N.A., (hereinafter "original creditor"), Account number 5408 0100 3404 3501. 4. Remit Corporation purchased the account of David B. Schweitzer from National American Credit Corporation. A copy of the Bill of Sale is attached hereto and labeled as Exhibit A. 5. National American Credit Corporation purchased the account of David B. Schweitzer from HSBC Card Services, Inc.. A copy of the Bill of Sale is attached hereto and labeled as Exhibit B. 6. Defendant used the extended credit leaving an unpaid balance at charge-off of $2,260.35. 7. Defendant defaulted on the payments due and the last activity on this account was on or about January 31, 2008. 8. No interest has been added to the account since it was charged-off. 9. To date the charge-off balance is $2,260.35. COUNT I BREACH OF EXPRESS CONTRACT 10. The above paragraphs are incorporated herein as though more fully set forth at length. 11. In consideration of the extension of credit provided by original creditor through a credit card, Defendant agreed to pay for all charges for purchases, balance transfers, cash advances, fees and interest on his/her account. 12. The reasonable charges and expenses owing for the credit card purchases, cash advances, balance transfers, fees and interest is $2,260.35. 13. Defendant accepted the extension of credit and utilized the credit card without complaint, objection or dispute as to credit services provided, the prices charged for the same or the costs incurred. 14. Defendant is indebted to the Plaintiff in the amount of $2,260.35. Defendant has failed and refused to pay the aforesaid sum despite frequent demand to do so and the same is now due and owing. 15. Defendant's failure to pay is a breach of the express written agreement between the Defendant and original creditor. Pursuant to Pa.R.C.P. No. 1019(i), a copy of this writing is attached hereto, incorporated herein and referred to hereafter as Exhibit C. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $2,260.35 together with interest, costs, attorney fees and such further and additional relief as this Honorable Court deems just and equitable. COUNT II BREACH OF IMPLIED CONTRACT 16. The preceding paragraphs are incorporated herein by reference and made a part thereof as if fully set forth herein. 17. It is averred, in the alternative, in the paragraphs set forth above, if an express contract between original creditor and Defendant did not exist, that a contract implied by fact or implied by law exists. 18. At all times relevant hereto, Defendant was aware that the original creditor was extending credit services to him/her and that the original creditor expected to be paid for the Defendant's use of this credit. 19. Defendant used the credit card to purchase items, and/or transfer balances, and/or obtain cash advances and he/she received the same to his/her benefit. 20. The total reasonable value of the Defendant's use of the credit extended by original creditor is $2,260.35. 21. In breach of the implied contract, Defendant has failed and refused to pay the outstanding sum for the credit card use and the same is now due and owing. 22. The Defendant has failed and refused to pay the aforementioned sum despite frequent demand to do so. 23. By virtue of Plaintiffs purchase of this account and the assignment of all rights to the Plaintiff, Defendant is indebted to the Plaintiff in the amount of $2,260.35. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $2,260.35, together with interest, costs and such further and additional relief as this Honorable Court deems just and equitable. COUNT III QUANTUM MERIUTIUNJUST ENRICHMENT 24. The preceding paragraphs are incorporated herein by reference and made a part thereof as if fully set forth herein. 25. Original creditor provided the extension of credit as set forth above with the expectation of receiving payment for all use of this credit including, but not limited to, purchases, cash advances, balance transfers, fees and interest. 26. The credit extended by original creditor benefited Defendant. 27. The Defendant will be unjustly enriched if he/she is allowed to retain the benefit resulting from his/her use of the credit card provided by original creditor without having to make reasonable payment for the value of the benefits received from the original creditor's provision of credit. 28. The original creditor was not a volunteer in providing the credit services set forth above and the Defendant understood that original creditor was entitled to compensation based upon his/her use of the credit card. 29. The reasonable value of the Defendant's use of the credit card including purchases, balances transfers, cash advances, fees and interest is $2,260.35. 30. By virtue of the Plaintiff's purchase of this account along with the assignment of all relevant rights thereto, Plaintiff, Remit Corporation is entitled to $2,260.3 5 from the Defendant and frequent demand for said sums has been made and the Defendant has failed and refused to pay the same. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $2,260.35, together with interest, costs and such further and additional relief as this Honorable Court deems just and equitable. Respectfully submitted, Laurinda J. Vc Attorney for P PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 EXHIBIT A BILL OF SALE FOR VALUE RECEIVED, and pursuant to the terms and conditions of the purchase and sale agreement between National American Credit Corp. ("Seller'") and Remit Corporation. ("Purchaser') (the "Agreement'"), Seller does hereby sell, assign and coney to Purchaser, its successors and assigns, all right, title and interest of Seiler in and to those certain accounts described below (the "Accounts"). This Bill of Sale is executed without recourse, warranty or representation of any kind, expressed or implied, including, without limitation, any warranty or representation as to the collectability of the Accounts, except as specifically provided in the Agreement. Product/State Purchased- PA HSBC Executed this 16th day of November, 2009. SELLER By: Name: MA.-a-..Aa k,?,L- "Title: CEO R(I_t_ OF SAI-F. HSBC CARD SERVICES (III) INC ("Seller"), for value received and pursuant to the terms and conditions of the Receivables Purchase Agreement ("Agreement") dated August 4. 'M6 between Seller and National American Credit Corp., a Pennsylvania C(wporation t"Purchaser"), does hereby sell, assign and convey to Purchaser, its successor and assigns. all right, title and interest of Seller in and to those certain purchased receivables listed on the Sale File dated December 19, 2007 without recourse and without reprmntation of, or warranty of, collectibility, or otherwise, except to the extent provided for within the Agreement. EXECUTED this 30th day of January. 2008. I ISBC CARD SERVICES (ill) INC. By: Name: Susan Soloman Title: Vice President -Assistant Secretary ryf 1-V E IXHIBR SPECIAL RULES FOR CREDIT CARD PURCHASES 11 you have a problem with the quality of property or services you Purchased with a credit card, and you have tried In good faith to corr"d the INOblem with the merchant, you may have the right not tray Me rernairting amount due on the property or services Their. arr. hvo Iimrtahons on this right. (a) You must have made the purchase in your home state or f not. within 100 miles of your current marling address. N The purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. HSBC Card Services Inc. andlor HSBC Card Services (11} Inc. provide processing services for HSBC Bank Nevada, N A. You to us at the statementt art HSBC Bank Ne ada, NA,., 1 i , ownr kRting Drive. Las Vegas. Nevada 89144 1l--ce- i Thomas M. Kimble HSBC, Bank Nevada, N.A February 1. 2106 Visa is a registered mark of Visa International and Visa (i MasterCard is a registered mark of MasterCard S A International incorporated. HSBC Bank Nevada, N A. CARDMEMBER AGREEMENT AND DISCLOSURE STATEMENT AG2505 (OVMs This document and accompanying Additional Disclosure Sbterrient make up your Cardmember Agreement and fhrotj;lfiltrl this doarment are referred to as Cardmember Agrerv,ierd n,r The Additional Disclosure Statement contains im Agreement. aartant Aocaunt information inchxling your Annual Percentage Rates !'APR's! and anvxmt of any fees. Please take the time to famihanze yawner W th your Agreement and rotain it, for future reference Thank you for beinq an "-;BC Cardmember Wrr a;,tirerrat.? your hucrness. TABLE OF CONTENTS Agreement to Terns and Definitions Using Your Account Your Credit Payment fnteresi Rates and F,nancp Charges 2 Account Fees Foreign Transactions Account Renewal. Closure 8 Arai Terminatrnn R Credit Card Fraud 'R Personal informs tro r, Addi!ronal Terms mir R!Ihnn Rrr,)r La . AUKLEMENT TO TERMS AND DEFINITIONS Th.s i` ardmernber A -ment and any amendments (Agreement) the open en aovem d ne of credit we have established for hint) °Ypir arxt'YOM' refer to all You (Your Account or are rontractu liable through any other means We' US and our' ?efer to HS$C Bank Nevada. N.A 'Card- t .?3rcis or other access devices issued tfirs means an Vrh,crk' means Via international, Ma h,; sterCard tn?fp .,r?nrated , C>srbrrr Financial 'Services LL(, or other govnming °d' c<rC r!ehvork as npp "t)Je ?'ou ancf we are hound b thhis Agreement from the earlier of the. i +"c ?cu recen•e it or from the date of the first transaction. nci ;G rip, without limitation, the placement or posting of any Arn;,al inn or Periodic Membership Fee on your Account. You ma,, r bile your Account before using it without paying any Anni,ai or Periodic Membership Fep if applicable to your Account when you call us within 90 days of your Account open dale at the rustorner service number on the back of your card - USING YOUR ACCOUNT Account Use Restrictions Vnu agree to use your Account only for personal, family household, Dr chartable purposes. You agree not to use your Account to make •ayments to us or to any of our affiliates. 'You agree to use your A count only for valid and lawful purposes and that if your Account is fix any o!he• purposes 1ii.?y hn ra you are responsible for such use and qurrPd to reimburse us and the Nehrvark for all resulting ?r _u t trr ernenses Types of Account Transactions * Oil can access your Account using your Card or by other means Ipwoled by us to make purchases or receive cash advances. L:o nay writ the dnllar amount andror frequency of any type of u it, c jt notice to you YOUR CREDIT Credit Limit advise you of the total credit limit on your Account. All or •I Rr""i,in of vour total credit limit is available for cash advances. t o,:- 'r:lraf credit limit and cash advance limit may change from inte tine. We will notify you of any such changes through your t,rll,ny statement of by sending you a separate notice. If no seen ,ate cash advance limit rs listed on o yur billing statement, V e amount of your credit limit available for cash advances ur iotal rrAdit limit eu agr" not to allow your unpaid balance (includinq Finance Charges and other charges) to exceed your total credit limit. We may not extend credit if you have exceeded your total credit limit the amount requested would cause you to exceed your total r rndit Irrnd, If you exceed your total credit limit, you agree to pay as that excess amount immediately. Your available credit and ca r' advance anxfunt may not reflect your payments for up to If you have a credit card with a no preset soendinq limit fe•q. MasterCard' WortdCard please sir, the Addrh,znat Disclosure Statement. Credit Authorizations Some transacbons will require our prior authorization and you may be asked by the merchant to provide identification. If any part of the authorization system is not working we may not be able to authorize a transaction. ever. if you have sufficient available credit. We will not be liable to you if any of these events happen. We may refuse to authorize any transadions at our sole discretion ircludinq. w thout limitation if we reasonably suspect that such authorization may result in fraudulent or suspicious activity on the Account. We are not responsible for refusal or failure to authorize any transactior or refusal by any merchant to accept or honor your Card. Promise to Pay You promise to pay according to the terms of this Agreement for all (a credit we extend on your Account; (b) Finance Charges, tote charges, overlimit charges and administrative charges (e.g. for research, returned checks, overdraft protection, if applicable, etc.) provided in this Agreement; and c) collection costs and attorneys' fees to the extent permitted Py applicable taw. If your Account is a ??'omt Account, each joint Accountholder is jotnty and indivkiuaily responsible for all amounts due under tthhis Agreement regardless of death, divorce, other le?a! proceedings or any agreement that may affect liability between you- if any joint Accountholder requests to not be liahe for future transactions, we may close your Account. If we do, you must continue to pay according to the terms of this Agreement, but you will not be able to make -iew charges on your Account Payment Each statement you receive from us will identify a Minimum Payment and Current Payment Due Mfnfmum Payment The Minimum Payment is calculated as follows (1) If your New Balance is not more than $15. your Minimum Payment is the New Balance (2) If your New Balance is more than $1$, your Minimum Payment is the greater of (a) 1% of the New Balance shown on your statement plus the following any periodic Finance Charges any Month* Maintenance Fee Finance Charge or an amount equal to 1'12 of the Annual Fee. if applicable, and any additional amounts disciosed in the Arfrfrk nal D156-inure Staterient or ib. 315 Current Payment Due T'e Cur•en' Pavmem D.ie s the ieater of (1) your Minimum P,aylrpnf pIUS -Irv i,4KI 1-w n, (21 the greater (,if lai 1% of the New Balance 0,r,w•i rirZ Y', Jr 4[;a!r`r"„..t nlus the followinq. any periodic Finance C: harges any Monthly Maintenance Fee Finance Charge ;y an amount equal to 1;1 ^ of the Aixnraf Fee, At)[4k-AMP and • any amount over vour credit ima. qr (bi $15 plus any amount over your credit lr r Your Minimum Payment and Current Paymer Dim wir be sounded up to the nearest dollar, unless doinq sc will i'arrse t'+P resulting value to exceed the New Balance Timing and Form of Payments You must pay at least the Current Payment Due in time to be credited to your Account by the Payment Due Date, and failure to do so constitutes a default of this Agreement. InstnictIons for making payments are on your billing statement For a payment to be credited to your Account as of a particular day, we must receive your payment by the dale and time and in the maemer specified in those Instructions. N your Account is overlintlt, you can avoid an additional overtimit fee by itimedi>q?t paying at least the Current Payment Due upon delivery of your bitfing statement. It you, Accourt is delinquent you can avoid an additional late fee by paying at least the Minimum Payment plus any past due amount by the Payment Due Date; however. I! you cannot pay this amount. r u must pay at least the Minimum Payment by the Payment e Date o avoid progressing to the next stage cf delinquency. You may pay more than the Current Payment Due and may pay the entire New Balance at anv hn,e_ All payments waist be in U.S. dollars. Except for dtspulled payments, ff you pay by mail the payment must be sent to the address specified or, •vour billing statement. N you pay by negotiable instrument, such as a money Order or check. it must be in a form that is acceptable to us and must be drawn on a U S. financial institution. Any check, money order or other instna owd tendered as an accord In satisfacgon, or which includes a condition, restrictive endorsement or any statwnsrrt to the effect fist accept ace of such instrurnent shall consttule full or ath n of a disputed undisputed debt (co?a "Condition") must be ent to the address low wditn inquiries shown on your billing lament. You must note conspicuously on the face of the Payment instrument that it is tendered for this purpose. We reserve ft 101. to refuse to accept any payment ilhat tjec• to a Condition. If the payment does not comply with the foregoing and we process k, we will not be bound by the Condition, By se us a chock for pNNaaccyyttrrmm??ee??nn?I on your Account, you us to "go an 9 bank or other nancial institutioncaccfund transfer count a cording to your the terms of the check. This rneans that our check will tit conyeftPd to an electronic Iransaction an(( your orlginA chest will "Ot he fWjr"e,. to •, , . ."Ur !-a,4 i , r^4 -, - I. will Le destroyed Your checking or ether financial inslituton account may be debited the same day we receive your Check If You do not want your checks to be converted to an nleryromr- furxls transfer, please call rtrsfnmor serviir a at the nhtxw "W"ber on thr; back or yoirr (-v,d Application of Payments At our discretion, payments are generally applied to interest, reel and then principal balances. We ap' It' your payments to power APR balances before higher PR balances. The appl,tK?tion of payments is subject to change at any time. wrthouI rictice. INTEREST RATES AND FINANCE CHARGES interest Rates The APRs on your Account are either a fixed or variable rate. Venable rates are determined by addling a specified amount i. Spread-1 to an Index (described belo). The APR is divided Dy .t65 arid rounded to the next highest hundred thousandth of a ppercentage int to determine your Deity Periodic Rate. The t?a'it PericRate is used to determine the amount of -nance Charge (sea Finance Charges}. Index For Variable Rate Accounts Please see the Additional Disclosure Statement for the Irate. araomph below that Is applicable to your Account. t Y^n hIy_Indglr For each billing cycle, the Index is detFrmrne to the month prior to tthe month in which the b dornestic -Prime Rate'blisd in the Mney Rates illing cycle ends. In that prior month, the highest of TI)e Wall Street Journal is selected (t a 'Index"). If ? Index has changed, the new variable rates will take effect with that billing cycle that ends on or after the first day of the nx??tth following the Index change. -' Qua..1r ?rNy Index The Index for the current and each sut:sequent quarter is the highest domestic "Prime Rate- nutAshed in the Money Rates table of The Wall Street _ioumai on the first business day of the preceding calendar quarter it the Index has char?ged the new variable rates will eke oaf c>rt with the billing cy?e that begins in January. Acuil, uft' ar <,klober following the Index change, i P_e Cr1deS Please see your Additional 0,sciosure Statement. A- increase in the Index will increase your applicable Deity Periodic Rates which may increase the Finance Charge due on vour .Account. Each time any APR changes we will apply it to any existing balances. excfudinq any 4romotional or tntr(xtuctory APR that may apply. Purchase APR hartcredit -spa(d purchass, the Cagy Periodr a at(, at, variable rates), APR A,t !r'mnal f)rsdosure State^,enl Cash APR For cash advances the Spread (for variable rates). APR and corresponding Daily Periodic Rate are disclosed in the Additional Disclosure Statement. Default APR If Your Account has a Default APR provision the Default APR and conditions that may cause a Default Ai>R ;n take effect as well as the Spread (for variable rates). APR and corresponding Daily Periodic. Rate are disclosed in the Additional Disclosure Statement Promotional or introductory APR At our discretion, we may offer you a Promotional or Introductory APR for any type of transaction. The Promotional or Introductory APR, corresponding Daily Periodic Rate. Period of time for which the Promotional or introductory APR a be shortened are pplies, and conditions by which the promotional period may offers may or may not be disclosed cthe orier. Certain t to Cash Advance Feesb Arryf Promotional or Intraducto APR offer will be subject o tfhe terms o the offer and this Agreement, Finance Charges Finance Charges are the total of the greater of (a) Minimum Finance Charge or (b) Periodic Finance Charges, and artyy} applicable (c) Cash Advance Fee Finance Charges t Foreign Transaction Fee Finance Charge. (e) Credit ?rmil Increase Fee Finance Charges, (f) Monthly Maintenance Fee Finance Chars, (g) Overdraft Fee Finance Charges, and (li) any other inane Charge(s). Please see the Additional Disclosure Statement for applicability and amount of the following Finance Charges. (a) Minif?rurn Finance Charge. A Finance Charge that is assessed in lieu of a lesser periodic F mane Char ggee in any trilling cycle in which a oenodic Finance Charge is pavlble (b) Periodic Finance Charges. Periodic Finance Charges are ca p?Of by shorvn?on Dally t3ata toa for each the rho statement (e... pu Pebalance transfers, cash yadvan at aesf the applicable OT 08 dariodic b and ftw o cefcila6e ` the res lull by the number of tye in the To Balances, we We he beglnnIng deW balance for each category of each day Finance t?,add"new danseetions, any prevIOus day's periodic ^9es, any assessed fees acharges, and subtW any payments and/or credits. tr a debit transaction beginning of a but the tansactlon posts abler the occurred prior to the 001`015100 to include V* rantransaction a It ? Previous day's periodic Finance Charges for each day the transadiort amount was outstanding pnor to the beginning of the current bl*V Daily Then, for each transaction cry, we add the fheunR °r.?r and dividle the total by Balance for eahtans ? category. This is the Averti(p> Irv (') + tt C-aril. Pyr ia.e. Periodic Finance iarcres to to accrue or .. r air o- •+,e traRsart,or ark - n(rp to Jue until payment in hA is cr"Ied to your Account however. there rs a Grace Period on new cre& card purchases. means. if the New Balance shown on yow tills statement q Paid in full by the Payment Due Date tvr ghat statement. Periodic Finance Charges will not be oripnssed an new cred t card purchases, provided the Ntrw Balance for the current billing eyrie is ppaaid in full by the P Due Date firm that AWN cycle. If however, the New Balance is is not pail! in U b . ayment bue Date for the arowlti y Wsped g big?ngY cycle. Periodic Finance Charges; wM be incurred an new CredT card purchases ((i_e., purchases appewwq br V* *V time in the current cyce) from the date Of the transaction and a, rMr Previously billed but unrlaxi rrafrf cart} :AJrr ;rWs from thr, first day of the current cycle, (2) carVL?itll +? (inGuding balance transfer and credit car c ec s . anodic Finance Charges begin to accrue on the date of the transaction and continue to accrue until payment in full is credited to the Account There is no Grace Period on cash advances Periodic Finance Charges wilt be calculated using V-e Daly Periodic Rate in effect on tfie statement closing date. You may request a change to your bNi" g aide date no more than once a year. You agree that changes based on Your request may shorten any Gracs period you may have or increase the time period for which pen-,dii Financ,t Charr)e5 rn+av accrue. Any fee Finance Charge ma cause the APR on the billing statement on which the fee inane '?sarac first a^pear, n exceed the nominal APR (c) Cash Advance Fee Finance Charges. Cash advances include all advances to get cash over the counter througgh an ATM, balance transfers iif available) credit card checks available), or other "cash-like" transactions ;such as purchasing a money order traveler s cherir. casino or hettrrq ch or a ottery ticket) as determined by us. A Finance Charge wilt be computed on the amoum of each ::ash ac,.,anc;; r, t ,. dale of the transaction. (d) Foreign Transaction Fee Finance Charge. A Foreign Transaction Fee Finance Charge is assessed on liansactK)ns made in a foreign currency. Your billing statement will fist the Transactions separately from the Foreign Transaction Fee r;riane Charge. (e) credit Limit hrcrease Fee Finance Charges. If your rPa-lest and are approved for a credit limit increase r CLI'). a Ct_I Fee ace Charge may be assessed to your Account (f) Monthly Maintenance Fee Finance Charges. A Finarxn Charge that is assessed to the Account for each hill n(i cvcir whenever that Account 's dosed with a debit balance fig) Overdraft Fee Finance Charges, tAhpl,cable only to BC Credit Card accounts providing overdraR protection t designated HSBC Bank USA, N A deposit accounts I' requestBC! ove'fraf• pr•v,iegvc wo ?. }r r.,.,d ..;fir ,r,..,. ;. J cover any overdraft due to insufficient funds on the designated deposit account. We will transfer to t deposit he account the amount or the overdraft rounded to the next full Vve unused credit not or rare rules and fees fdel n u nt not have sufficient case, the overdraft will be subject to theeusual depositracIn th count . Under no circumstances shall any such overdraft be allowed to exceed your available credit limit. You understand that we have the right to cancel this Account or your overdraft loan privileges at any time. We may add an Overdraft Fee Finance Charge to your Account if your Account is utilized to cover any overdraft on your designated deposit account. An Overdraft Fee Finance Charge will be computed on the amount of each overdraft transaction hi See Additional Disclosure Statement for any additional Finance Changes that may be applicable to your Account ACCOUNT FEES Please see the Additional Disclosure Statement for applicability anti amount of the following fees Annual Fee/Periodic Membership Fee if your Account is subject to an Annual Fee or Periodic Membership Fee you agree to pay this fee each year (or other ppenodic assessment if indicated on the Additional Disclosure Statemen!) your Accoitmt is open, or losed with a balance Ynr, agree tha• this lee will be charged to your Account If you close your Account within the first 90 days your Account is open, the Annual Fee/Periodic members hip Fee(s) are refundable so !orho as? you have not used the Account. The Annual Fee/Perioc?ic membership Fee compensates HSBC Bank Nevada, N.A. in part, for cardmember services provided or made available to you throuohoul the membership year. Late Payment Fee A Late Payment Fee is assessed for each billing cycle in which at least the Minimum Payment, and any amount past due, is not paid in time to be credited to the Account by the Payment Due Date. Overtirnit Fee An Overf rrid Fee IS assessed if the Account balance exceeds the applicable credit limit at any time during a billing cycle. We may impose this fee even if we authorize or impose any charges that cause your balance !o exceed the credit limit. Other Fees and Charges Returned Paynnent Fee A Resumed Payment Fee is assessed to the Account each time a Payment check, automatic payment deduction, or other payment method is not honored or is returned unsatisfied by the bank or other financial institution. Any payment returned unsatisfied for any reason may be renosted to any type of transaction (re. cash advance purchases etr I 8_1 Char?es may be reinstated bt+(* to the payment date at thee APR being charged for that transaction. Returned Check Fee A Returned Check Fee is assessed to the a credit card check. balance transfer Account each time ek cnvnic check or other Account access chock e (if available) retununsatisried device is eturnAi by us for any reason. Check By Phone Fee A Check By Phone Fee is assessed to the Account each time a payment is made by telephone, even :f the Payment is made by someone other than you, Stop Payment Fee A Stop Payment Fee is added to the cash advance balance when a payment of a credit card check is stopped at your request. Payment may be stopped on a credit card check by no us In writing or by calling us at the telephone number fisted on the Account billing statement, so long as such check has not already been processed. A stop payment request must include the check number, payee, amount. and da!eepeoff If the credit card check on which payment is to br must be a op payment is requested tiddyy telephone the call confirmed writl ill remains in effect forwithin payment w six monthssu ineA written ss a ow,od m writihig. The address to send a stoR payment request i? rfisr;bsed in the Additional Disclosure -tatement, Research Fee A Research Fee is assessed to the Account for each sales slip copy, statement copy and apolication copy requested Replacement Fee A Replacement Fee is assessed to the Account it we replace a Card that is lost, stolen. or damaged. or r` we issue a replacement Personal Identification Number (PIN) to facilitate access to Automated Teller Machines. If a replacement card is requested on a rush basis, we will charge our current fee for this service. Reinstatement Fee A Reinstatement Fee is assessed whenever a ten. , ?t tr reopen a closed or blocked Account is approved. AddtHonat Fees See the Additional Disclosure Statement .,,r a,„ ?.?r. r..,.- that may he applicable to your Account FOREIGN TRANSACTIONS If you make a transaction in a foreign currerx--y, the transaction writ be converted by the Network, Into a U.S. dollar amount in acxiordance with rtS operating regutatbns or conversion procedures in effect at the bme the transaction is processed. Details concerning these procedures are shown in the Addbonal Disclosure Statement The Network may chan the Procedures, from time to time. at its own discretion. 9e ACCOUNT RENEWAL, CLOSURE AND TERMINATION Card Renewal arCe are slued with an expiration date We have the right not t,) ren-v your Card for any reason Closing Your Account ? ou can close your Account by writing to us. Your Account oaiance will continue to accrue Finance Charges and other fe es and will remain subject to all the terms and conditions ol :his and any gnu edn Credit card checks destroy nothoorr rany credit tins heck mitten on your Account or authorize any The dres send your request tou close your Accut closed, disclosed insthee Addrtienal Disclosure Statement. Account Closure We may dose your Account, suspend your credit privileges, rr reduce your credit limit at any time and for any reason, subloct M the requirements of applicable law. in any of these 'venfs our Account balance will continue to accrue arse „liargen and fees until paid in full. and will remain sirhtoct to all the terms and conditions of this Agreement. If At- 'A.)se your Account., you agree to destroy your Card(s) iy un,;sed credit card checks. It your rcount has t F e" closed. or your credit +• net us? r Pn privileges are suspended you your „aid or credit t Caaidrd rner;ks Default =u 'A-11! be in default under this Agreement it !a) you fail to rake a! least tf,e Current Payment Due in time to be credited 1?- ya:ir Account by the Payment Due Date; (b) ou violate my other provision of this Agreement; (c) you YY O you become subject to bankruptcy or insolvency proeeeect d ynu supply us with misleading, false, Incomplete or incorrect information; (f1 we receive information from third including credti reporting agencies, which indicate a serious delinq9uency or charge-off with other creditors; (g) you fail to pprovAe us a physical address; (h) you exceed your credit Ii mil. (t) your payment is returned unsatisfied by your bank or other financial institution for any reason; or 0) any credit cab rhec4 is returned unpaid by us. Upon default, we have the right to close your Account, to terminate or suspend your cn.dit wrvieges under this Agreement, to change the terms of vow Account and this Agreement, to require you to Pay your ,entire Account balance including all accrued but unpaid c.narUeS immediately, and to sue you for what you owe. If you iC ICI pay us, your Account balance will eonbnue to accrue F inare. Charges and fees until paid ;n hill and will remain =imr?t to alt a Terms and r:onddic-s of this Agreement. If vr'"P f wQ ti,.,, ;I third party to ?(Jtiect your Account ,,a there you will Pay our court costs reasonable attorneys 'fles and other collection costs related to the default to the < !Pnt permitted by law in the state in which you reside, and :.r will ar)Ay your payments firs' to attorneys,fees and other aoSts ano !hen 1, prince, al and unpaid Finance Charges. Security Interest If you have not completed a Security Agreement tar your Arrotint we are extending you air' unsecured the of credif If you have completed an application and Security Agreement for a secured account, the terns and conditions contained within this paragraph apply to your Account. As Secunty for your performance, under this Agreement. Including bu not limited to the repayyment of all credit extended under this Account and any replacement secured credit card account, you 8337'n. pledge, arm grant to us a first prion scour? interest in at many now and hereafter in the i accoulntiyywith the bank disdosed in the 'Additional DisclosureStateiment". You authorize us to restrict withdrawals from your Deposit Account until such time as this Account is closed and all your indebtedness is fully satisfied or until this Account is otherwise modified by us. If you exceed your credit limit, or otherwise default under the terms of your Agreement or if this Agreement is cancelled by you or us tor any reason, we may at any time thereafter and without advance notice to you, apply all or part of your Deposit Account to the pa?Y-ment and satisfaction of any secu all amounts creel ttca d under In'addit on,we may any epannyy ot?hert rem n your Deposit permitted is otherwise suffiiientt ttoo reo us. If tie all t obligations incurred related to your •4ccount. You agree !o pay the amount owed '0 us ;rlmE diately, CREDIT CARD FRAUD Lost or Stolen Credit Card or Account Checks You agree to notify us immediately if your credit card or credit card checks are lost or stolen. You mar, notify us by calling us at the phone number disclosed m r e Additional Disclosure Statement. Liability for Unauthorized Use You shoukf retain copies of a8 charge slips until you receive your statement, at which time you should verity that the charges are true and the amounts Unaltered, You may be liable for the unauthorized use of your credit card. You will not be Roble for unauthorized use that occurs after you notify us of the loss, theft or possible unauuthonzed use. Notification must be given either by writing us immediately upon leaming of the loss, theft or possible unauthorized use or calling us at the telephone number fisted on your billing statement. You will not be liable for any unauthorized use of your credit card Account when you notify us immediately by phony or in wr^tihq. In any case. your liability for unauthorized use of your credit wrd will not exceed $0. The address used in the usddof unauthorized al D closure Sttaatement rYou ma?S calf us at the tr,lepkone number listed on your bdfino sfa'pm. cif PERSONAL INFORMATION oChange of Name, Address, Telephone Number Employment You agree to give us prompt notion of any change In your name mailing address. telephone number or place of employment. 10 Updated Financial and Other information Uponiariaequest, you agree to promptly give us acrur? e ancnd other Wnrrna!inn about yourse If, Credit Reporting if you fail to fufidl the terms of your credit obligation a negatrve report reflecting on your eredd record mar be submitted to a credit reporting agenccyy if any specific in on-nation related to your Account transactrons or credit exoenence with us is inaccurate. you may notify us to correct the inaccurate information (after ahon of the alleged error,t reported to Las Vegas, W18919agency by writing to us at P O Elnx ag7()6 Certain Privacy Practices You agree that from time to time we may receive credit information concerning you from others such as stores. other tenders, and credit re orting agencies, and that we may use thi s information to amend, cancel or suspend your credit Rrivilec}ec under this Agreement even if you are not in default with us. You agree that the Department of Motor Vehicles may release your residence address to us, should it become necessary to locale record ou. te agree lephone hauls b wupie sory personnel may listen anc y order to eval one the you and our representatives r quality of our Serv,^,e to you and to other carome nbers. For additional information rcoardinq ct, u y practices, Please refor in our P'wac,, St, tr`n?Pni ADDITIONAL TERMS Change of Terms (Including Finance Charges) OR TERMINATE ALL OR ANY PART OF OR ADD NEW TERMS AT ANY TIME, t. OUT _ LiMtTATION ADDING OR IN rr4b OR AN NES WiTH US APPLICABLE ES APPLY TO Arbfb•ation Please see the Additional Disclosure Statement for applicability to your Account. arbitration artdist0 eachoumYlsron, shat toarty Charm against us. Parent, sub . atiRtoes . are]` oompan Providing a rewards feature in conjunction with this rgreartertt officlars directors. agents. mid arucoassars, and assigns, and each of their dispute. or controversy (whether ? s. You agree any dawn, based upon rx]nhrAGt; tort, 11 intentional or otherwise: constitution; statute: common law' or ?eqqurt? and whether pre•existfrlg, present or future), rndtrliing arisinfrom, oou,ter•dalms, cam-deirne and third Which from or reletMlg to this Aereerrtant or the rYhich result from this Aqnisfnjrr? crnforceab6ty of Ihis arbitraton clauee any p the Yeyr or of you Or Us. by shat be reeotved, upon the afetl on provision and p Pint to this arbASeen s l cted at the tins or Of go fled The he" the tip?e rp ct one of the billowkV twee arb*ut on? @te to selearly Arbitration Fonxn t_ ft A NsYarwi I"AAA*) or JAMS, arbl?taAor shat be a yea aperienoe Ora relied or tOnner y Inwke our right to arbM?a1a an kdvidwl W ? ftV In snap is Dendntf AM not 10 d9ii a?xgxt0 ,an sgtiivdant opun, If Claim In that co K The rules; acid ". so long as the N OfIganCzations AF. AAA a J S may be obtained 6Y Ong ftnia of #0 to thane ser"M pro at the t to addresses bled below. Our address for Inc.. P,O. Box 98740, under ft Vegas, W 8 is HSBC Card Services ages. FlV 89193.8740. Arty rarfjdpatory e111110on haakp *M you attend wig tales place in me dy nearest to your rs$WWIce wttero a federal r>Istrtcf court is located or at such other boation as Igived ,any aquest we uWM ' you we pay rerna?k+de of f the ?? IN PWNC On At ymr adrranistrative OPOY the nearing two Charged and MY administrator on eanryy I aeration subinitled by you in Mw mtrn of $1,50p, note regWsd to b a to the arbtheeon we will! ooneldar?Y equest t tees to as o part of the addigoner is"; a 6f' ay howeer v ws shat no?be you awtardP it the SdOonsi tees urdeas the'art?slor Wants WA reimburse you for any +?alOr_ yrar>fa an awietd in your bvk we the would arbitration have du up to h m or to A s you wou#d have been pf>erged if the C11110m had bow amount of the at tusl award it yyoowu= for the The the expense of their rsapectlvsronneys alas e? beer °a1Q"" se provided by low if e statute gloss oxcaPt as recover any of the" tees; or the lees Psid toyu>?th arbWation, a^y*VID V- mmm cot tiled hww r,"°1m8Yather' =*8rY 1`11161 reimburse us for anawwd in our lipor y le , You we not be retlu iced b arbmation admi istrtor or for w1Mhid, We ar?P^eviourM- to the This arbitration agreement Its made pursuant to a transaction !-voiwng interstate commerce, and shall be governed by the Federal Arhifratton Act, 9 U S.C. Sections t - 16 (the "FAA"), ` e .r''„it .alor shall apply applicable substantive law consistent vr h the FAA and provide written reasoned findings of fact and :d):clus!ons of IaW. The arbitrator's award shalt nol be subject e '-vt as permitted by the FAA. The parties agree lean, shall be Crest (,nnfiriPn I 4i igmP.?t m tea id d d.rr '. .• -)wrPd in any -curt ,aving funs(ficttcn?T e THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY BUT WILL NOT HAVE THAT RIGHT IF EITHER PARTY ELECTS ARBITRATION. THE 12 PARTIES HEREBY KNOWINGLY AND VOLUNTAR1LY THEIR COURT BEFORE A UDGE OR JURY UHCL^Wjs ELECT" OF ARBITRATION BY EITHER PARTY. You May contact, obtain the arbillit l rues of, or ft a Claim with NAP. AAA or JAMS as follows: National Arbltraeon Forum P.O. Box 50191 4?rosdwev bvvwwkM?i 55405 Nusw Yorlt, t3Y 10005 xn. Code of Procedu Fu .)MVnaadrSar , Arbi a tr Pat ion Rules *ocedrrroe 11 Connecticut A fbor ? kgfott, DC 20036.41154 aar101files for Consumer Disputes (C1111i" under $10.000) t+Ommerdal Arbthatbn Rules (so other daims). Assignment 04 Account t and Account Owe n tlwreot rwiltwmfw hou not?ker to You. you assign or transfer your Account. ou. Vo may not sell, Walveir W maY cchocee to delay enforcing or waive e v our rights e under Is @t Agreweive ement any of certain rights i situsions. Wa cart delay rights. tf we waive a r tight we do rot Without theret>y a waive yler o ?Mrer wo in other souatlons. Severabilgilly tf"Provision of this Agreernerd is finally delerrrirsd to be void ux unenforceable under any low, rule or regulatirm all o4w PrOvcsions of this Agreement wig remain valid and enfonsable. Applicable Law mid your Account Will be governed py In Nevada and ft state Of Nevada, wheBler or not you live ofierai Nevada. a a whether or not your Account is used ou '" tildis under this Thill A?enl rs entered into in Nevada and Agreement wits be extended from Nevada, an credit YOUR BILLING RIGHTS What To Do If There's An Error In Your Bill YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE This notice contains important information about your rights and our resoonsibilit,es under the radr Crerfii Biflmo yct. NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR BILL step rt s ink your btionig ors } or If you need n? ?O^^ation "pe IDus (on at the address Nstad on youir than 60 aW d t° sheet) as Possible. We must hear from no brier am soon You clan t You On first 6111 on wtlkih atnoi or pri m appear". dePt" Us, but doing so we not preserve your rights. Please k**Jde the following Informa8on in Your fetter • Your name, account number and sigrhature. The doter amount of the susPected error- and Describe the error and explain. H you can. why you believe there is an error. If you need more information, describe the item you are not sure about. If =have authartzsd us automatically b from your savings Or 0 Pay your Account bits stop the payment on checking amount, you can the payment. your letter must reacyou h us three burorV. sinesso days before the automatlc payment Is scheduled to occur. YOUR RIGHTS AND OUR RESPONSIBWTIES AVER WE RECEIVE YOUR WRITTEN NOTICE: We must acknowledge tetfer wNhin hews correct the wrteaad Ute 9nor then. wtfttin g0 30 days, must eitf er error or explain why we bob" the big was correct, Mbar we receive Your letter, we cwvx* try to cored a you question, or report you as any mount you ter the amount you d?4 iWile can nanceoontlrlUe to btu can apply FW and duo not tr ap unpaid Your Credit Lt? You pwhile art roll are y ` smoilr Inv but s? to pay td b11oral are riot in question. P8Y the parts of your If we find that We made a mistake on your big. you will not have to pay any Finance Chsr?es related b questioned amount. If we didn't make a ,rtstake, you may Frahm to pay Finance ions q?stlio edd haiourd.ve to I either ? any Missed tents oa you statement of the we v send you a amount you owe and the OaM 0 is due. If fail to pv""" ?uth?e_anMio ant we ttwrhk you ewe, we may report you r TL our explanation does not setts and you write to us within ten days us you 51 refuse lio You. we must let anyone we report you you h question about your bra. And, we must tali you the name of anyone We re everyone ported wee ?ipon setllernent of the dispute. we must tell you to that the matter has been settled. If we don't follow these Lutes. we can't colact the first SW of the questioned amount, even if your bill was correct. 13 VERIFICATION The undersigned verifies that the statements made in the foregoing Complaint are true and correct based to the best of his/her knowledge, information and belief and understands the statements therein made are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. Harry A. Stra sser III President, Remit Corporation IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff Vs. CIVIL-LAW DAVID B. SCHWEITZER, DOCKET NO. Defendant AFFIDAVIT OF NON-MILITARY SERVICE The Defendant is not now in the Military Service, as defined in the Soldier's and Sailor's Civil Relief Act of 1940 with amendments, not has been in such service within thirty days hereof. Laurinda J. Voelckey, Esquire Attorney For Remit Corporation Attorney ID 82706 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 Dated thi day of , 2011 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 Sep-16-2011 07:46:59 <. Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency Based on the information you have furnished, the DMDC does not SCHWEITZER DAVID B 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). 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 ht!p://www.defenselink.mil/fag/12is/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. htti)s://www.dmdc.osd.mil/appi/scra/popreport.do 09/16/2011 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:UPOVIKBNAA https://www.dmdc.osd.mil/appj/scra/popreport.do 09/16/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. : CIVIL-LAW DAVID B. SCHWEITZER, DOCKET NO. Defendant CERTIFICATION OF ADDRESSES I certify that the precise address(es) of Plaintiff and Defendant(s) are as follows: Plaintiff: Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Defendant: David B. Schweitzer 818 Bosler Avenue Lemoyne, PA 17043 Respectfully submitted, Claurinda J. VoeeXker, Esquire Attorney for Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 IN THE COURT OF COMMON PLEAS OF CUMBERLAND CONY" ' `?. COMMONWEALTH OF PENNSYLVANIA T C- REMIT CORPORATION, : Plaintiff vs. CIVIL-LAW DAVID B. SC'HWEITZER, DOCKET NO. Defendant ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Remit Corporation, Plaintiff, in the above captioned matter. Respectfully Submitted, THE REMIT_oCQReOR LAURINDA J. V/DELC Attorney No. 8 06 36 W Main St Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 ON ESQUIRE David -D. Ouelr Prothonotary Office of the Prothonotary Cum6errand County, Pennsy[vania Sononage, ESQ Solicitor // 911,242 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, 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, DAVID D. BUELL PROTHONOTARY One Courthouse Square 0 Suite100 Car[sCe, TA 0 Thone 717 240-6195 0 717 240-6573