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HomeMy WebLinkAbout04-4868 BURTON NEIL & ASSOCIATES, P,C. By: Burton Neil, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff FIRST NORTH AMERICAN NA. TIONAL BANK 9960 Mayland Drive, Richmond, VA 23233 Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. WILLIAM B BINGHAM JR 3443 Green Street, Camp Hill PA 17011.4420 Defendant NO. 04'- L{ 8'~8 ~ : CNIL ACTION - LAW COMPLAINT 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 (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 claim set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 32 South Bedford Street Carlisle, PAl 70 13 Telephone No. 717-249-3166 or 800-990-9108 04-104 BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 6 I 0-696-2120 Attorney for Plaintiff FIRST NORTH AMERICAN NATIONAL BANK 9960 Mayland Drive Richmond, VA 23233 : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 0'1. 4f't,f Cw:.-t -ru- WILLIAM B BINGHAM JR 3443 Green Street, Camp Hill, PA Defendant : CIVIL ACTION - LAW Complaint I. The plaintiff is First North American National Bank with place of business located at 9960 Mayland Drive, Richmond, Virginia. 2. The defendant is William B. Bingham Jr, who resides at 3443 Green Street, Camp Hill, Cumberland County, Pennsylvania. 3. At the defendant's request, plaintiff issued the defendant a credit card bearing account nwnber 4104137500058554 for the defendant's use in making credit purchases and securing cash advances subject to the terms and conditions governing the use of the credit card. A true and correct copy of the terms and conditions of the account is attached hereto and marked Exhibit A 4. The defendant accepted the credit card and the terms and conditions governing its use for the purchase of goods, merchandise and services and/or for cash advances from vendors who accepted plaintiff's credit card. In using the credit card, the defendant agreed to comply with the terms and conditions governing its use which included the obligation to pay plaintifffor all charges made in full upon receipt of the statement or in installments subject to monthly finance charges. 5. The defendant utilized the credit card by making/obtaining purchases of goods, merchandise and services and/or cash advances from vendors who accepted the credit card. Monthly statements were sent to the defendant which detailed the charges made to the account including finance charges, late and/or, over limit charges. The balance due for the charges made by the defendant including any finance charges, late or over limit charges is $9,988.34. 6. Defendant did not pay the balance due in full upon receipt of the billing statements and failed to make the required minimum monthly payment set forth in the billing statement. As such, defendant is in default of the terms and conditions governing the use of the credit card. 7. Although demand has been made by plaintiff upon defendant to pay the sum of $9,988.34, the defendant failed and refused to pay all or any part thereof. 8. Plaintiff alleges it is entitled to recovery of its attorneys fees from defendant pursuant to the terms and conditions governing the account. Plaintiff seeks recovery of attorneys fees in the sum of $1,997.70. Wherefore, plaintiff demands judgment against the defendant in the sum of $9,988.34, attorneys fees in the sum of $1 ,997.70 and the costs of this action. BY: IL & ASSOCIATES, P.C. -~.-'""- , The law firm of Burton Neil & Associates, P.C. is a debt collector. o re . ~ ~ o ~ < ~ . . FNANB VISA@ Agreement Wfih Rrst North American National Bank', 225 Chastain Meadows Court, Kennesaw, GA 30144 (the "Bank") 1. Agreement. We are pleased to Gpen your FNANB VISA'" Account. This is a copy of your Agreement with us, Please read IT and keep it for your records. 2. Definilions. In this Agreement "'Card" means the credit card(s) issued to you underth\s Agreement. The words rowe', "us', and 'our" mean the Bank. .You", "your" and "yours" mean each person who opened the Account or to whom a Gard was issued. These words arso mfer to anyone you have authorized to use the Account "AcGourlt" means your credit card account established und~rthis Agreement. 3. Promise to Pay. You promise to pay us, in accordance with the terms of this Agreement, for all purchases and cash advances made und.er the Account, plus Fmance Charges and any other charges due under the terms 01 this Agreement. All payments must be made in U,S. dollars. 4. Pun:hases or Cash Advances. You can use your Account to buy goods or services wherever the Card is honored. You can arso use your Account or your Card to get cash advances. You may not use Convenience Checks which access YOllr Account to make payments'rm-your Account. 5.' Credit Limit. You agree that we may establish a qedit lim~ tor your Account and that you will not allow the balance 01 your Account to exc.eed your credit limit. We can honor purchases or cash advances in excess of your credit limit ai any time, but the decision is iJp to us. If we do s6, tilis Agreement will cover those purchases and cash adv.ances. Your credit limit andavaiiablecreditwill be shown on each billing statement. You agree that we may change your credIt iimit at any time. We may establish a separate credit limit for cash advances, which you agree not to exceed. Credit ba!- ancesdol1otserveto increase your credit limit. 6. Billing Statement. We will send you a billiflg statement for each billing cycle in which there is an outstanding debit orcredltbalance ofniorethan $1 in your Account at the end of the billing cycle, or on which a Finance Charge is imposed. 7. Payments; Minimum Payments. You may pay all or part of your Account balance at anytime. You must pay at least the Minimum Payment Due shown on the billing statement by the payment due date shown on the statement. The'Minimum Payment Due shown on the billing statement will bB el)llal to the ,greater of $20 or 4% ofthe New Balance (rounded up to the nearest dollar). We will add to your Minimum Payment Due the amount of any past due payments from previous billing statements. if the New Balance shown on your statement is less than $15, your Minimum Payment Due will be the entire New Balance. Your receipt of a credit does nut relieve you of your ob1igauon to pay the Minimum Payment Due. - ---- .--- 8. Rec:efpt 01 P~iYments. Payments on your Acooun.t should be mailed to us at our remittance address shown on your b'illlng statement Payments accompanied by the upper portion of your statement received by us at that address betore- 10:00 a.m_ on any banking day wlll be credited to your Account as of that day. Payments received 'by us ai any other location, or in any other form, may be subject to a .delay in crediting of up to 5 days atterthedateofreceipt. _ 9. Application of Payments. Tne provisions relating to application of pay- ments in paragraph 23 of this Agreement apply soiely for the purpose bf determining which items of merchandise remain subject to our security interest For all other purposes, paymellts on your Account will be applied to the balances in your Account in the manner we deteffiline. 10, (a) F1NANC~ CHARGE. There Is a 25 day Grace Period for purchases but not for cash advances. You can avoid an addrtionalFinance Charge on purchases il you pay the total New Balanc~ shown on the front of your billing statement by the Payment Due Date shown on the statement If applicable, Finance Charges are computed for purchases and cash advances in the following manner, and your total Finance Charge lor the bllling cycle is the sum of aJl the Flnance Charge components so comput ed, plus, if applicable, any Annual Fee Finance Charge included for the bHling cycie, except that the Finance Charge component, ff any, computed on each Average Daily Balance of Interest Free Speda! Purchases_is accumulated from billing cycle to billing cycle and posted to YOlJr Account only if the applicabie Interest Free Special Purchases have not been paid in fuliby the date the lrrterest Free feature expires or if you fail to make any Minimum Payment Due by lts- due date in any 2. consecutiVE billing cycles before the appJicable Interest Free Special Purchases have been paid In fuJl: [lJ Purchases. The balance method for purchases is the Two-Cycle Average Daily Balance (including new purchases): [1) We compute a portion of your Finance Charge by muliiplying the applic- able monthly periodic rate shown on the front of your statement times tile Average Daily Balance of Purchases (including flew purchases). This is the balance designated as Code "A" on the front of your statement To deter- mine the Average Daiiy Balance of Purchases, we (i) take t.he beginnhlg bal- ance of purchases in your Account ea;::h day (excluolflg the remaining bal- ance of any Ifltsrest Free Special Purchases, or othS! Soecial Purchases. tor whk:h the Interest Free feature or other applicabie pro'motional f8ature-has not yet terminated as 01 that day), willch also _il1clu~e~ anr unpaid~~naflce . N . ~ e terms apply, We take the beginning balance each day of such Interest Free Special Purchases, and we add any new such Interest Free Special Purchases tor that day, and suhtractthe appficable portion of any payments and credits applied to your Account as of that day and subtract the balance 01 any Interest Free Special Purchases for which the lr!l:erest Free feature terminated as of thai day. New Interest Free Speciai Purchases are added as of the date of the trnnsaction. The Interest Free feature telTIlinates. and tDe balance of the Interest Free Special Purchases is subtracted, as of the date the IrJterest free period expires if the balance for the Interest Free Special Purchases was not paid In full by that date, or, If the tennhlation is due to lailure to make the minimum Pay.ment Due in any 2 consecutive bi1l1n~ cycles, as of the first day of the next billing cycle. This gives us the daily balance. Then we add up all the daily balances for the billing cycle and divide the total by the number of days in the billing cycle. This gives us. each Average Daily Balance of Interest free Special Purchases. (4) We compute a portion of your Finance Charge by multiplying the applicable monthly periodic fate shown ori the front of your statement times each Average DaHY Balance af Special Purchases (including new Special Purchases) as shown in the Promotional Summary section on the lront of the st.atem~nt If we hav~ offered you sp.edal promotional terms (except as des.cn~ed In pa~graph.(J)(3) above) WhlCh are applicable until a specified expIration date) and which may apply to all purchases made by a specified date or during a specified period, or only to purchases of parficularitems or types 01 items, all as specified in our promOTIonal offer, and ffyou have any unpaid purchase balances which duting the biUing cycle remaIned subject to one?r more such special pron:otional offers, then for each such special promotional offer the Average Daily Balance of Special Purchases and the applicable monthly periodic rate are shown in the Promotional Summary section on the front 01 your statement. To compute each Average Daily Bal~nce of Spe.cial Purchases, we use only those pur.chases to which the partIcular speCial purchase terms appiy. We take the beginning balance each day of such Special Purchases, and we add any new such Special Purchas~sfort~atday, and sUbtracttheappjjc~bie portion ot any payments and credits appiled to your Acco\lntas olthatoay, and subtract the balance of any SpecIai Purchases for which the special purchase terms tenninated as 01 that day. New SpecIal Purchases are added as of the date of the transaction. The Special PurChase feature tenninates, and the balance of the Special Purchases is subtracted,. as of the, date the Special Purchase tenns expire if the balance for the Special Purchases was not paid in full by that date, or, If you fail to make your Minimum Payment Due in any 2 con- secutive b'mlng cycles before the applicable Special Purchases have been paid in fuf!, as of1he first day of1he next bming cycle. This gives liS the In daily ~~Iance. Then we add up all the. daily balances for the bil1ing cycle E and dlVldethetotal by the number of days in the bil!ing cycle. This gives us ~ each Average Daily Balance of Special Purchases. . lD (5) The ,um of the amounts detennined und,r (1), (2), (3) and (4) above is your Finance Charge on purchases.. The Finance Charge, if any, deter~ mined under (3) above is accumulated lrom billing cycJe to oiriing cycle and posted to your Account only, if the applicable Interest free Special Purchase-s have not been paid III full by the date the Interest Free feature expires or jf you fail to make any Minimum Payment Que by its due date in any 2 consecutive billing cycles belaTe tile Interest Free Special Purchases have been paid in fulL (il) Cash Advances (Including Convenience Checks and Balam:e Transfers): (1) We compute a portion of your Finance Charge by addjng a one-time Cash Advance TransaGtion Fee FINANCE CHARGE of $5.00 or 3% of the cash advance, whichever is greater, lor each cash advance when it is post- ed to your Account (excluding any cash advaflce we have specified will not be sub)ecttolhe Fee). (2) We compute a portion of your Finance Charoe bv multiplying the applicable monthly periodic rate shown on the front of your statement times the Average Daily Balance of Cash Mvaflces (including ne,',' cash advances). This is the balance designated as Code "C'. on the front of your statement To determine the Average Daily Balance of Cash Advances, we (i) take the beginning balance of cash advances in your Account each day :(excluding the remaining balanc~ of any reduced rate cash advance), Including any unpaid Finance Charges (on all cash advaflces) posted to your Account during previous billing cycles, (ii) add any new c;ash advances (other than reduced fate cash advances) as oithe date posiedto your account lor convenience checks or balance transfers and as of the date of the transaction for others, and (iii) subtract the applicable po man of any payments and credits applied to your ACCOUflt as of that day. ThIs gives us the daily balance. Then we add up all the daily bala:lces for the bHling,cycle and divide the total by the number of days in the biriing cycle_ This gIVes us. the Average Daily Balance of Cash Advances. (3) We compute a portion of your Finance Charge by multiplying the applicab!e monthiy perioa'ic rate shown on (he front of your statement times each Average Daily Balance of Reduced Rate Cash Advances (including new Reduced Rate Cash Advances) as shown in the Promotional Summary section on the front of the statement. To determine each Average Daily Balance of Heduced Rate Gash Advances, Vie' use only those cash aoY~nces ~o wm~h the particurar promotional terms apply anci m we take the Degmlllng balance each day of such Giish advances, (ii) add any new ~II('~ r:l~h ;:Jnv;:mrpc: :1<; of th~ r.:1IP nn"tF!ri tr.yom ;J(:r:nllni for convenience reiumed check charges and any other charges (e:xceptlate charges, over- the-credit limit charges, annuar fees, cash advances and Finance Charges on cash advances), 0i) add any new purchases (other than Interest Free Special Purchases and otherSpeciaJ Purchases) and other charges (except late charges, over-the-creditlimhcharges, annual fees, cash advances and Finance Charges on cash advances), and (iii) subtract the appiicable por- tion of an~' payments and credits appiied to,your Account as of that day. Purchases are added as of the date of the transaction; other charges added pursuant 10 {iQ above are added as of the date posted to your Account The accumulated Finance Charges on any Interest Free Special Purchases are added as of the day on which the Interest Free feature, e:xpires, if the interest Free Special Purchases have not been paid in full by that date, aras of the date the Interest Free feature !s earlier terminated for taiJure to make a Minimum Payment Due in any 2 consecutive billing cycles before the lr1terest Free Special Purchases have been paid in fuJl. This giv,es Lis the dailybaJance. Then we add up all the daily balances fortne biiJingcycle and divide the totaI by the number 01 daysln the billing cycie. ThiS gives us the Average Daliy Balance of Purchases. No Finance Charge is computed on the Average Daily Balance of Purchases for any biHing cycle in wHic~; the Previous Balance shown on the front of your billing statement is zero or is a credit balarrce or is paid m furl within 25 days after the Closing Date of the previou.s billing cyr;;le. (2) We compute a portion of your Finance Charge bi' mUltiplying the applicable monthly periodic rate shown on the front of your statement times the Average Daily Balance of Previous Cycle Purchases (including previous cycle new purchases). This is the balanCe designated as Code "B' on the frontofyolirstatement This balance is determined, for the previous biifing cyde, in the same mannerin which the Average Dai]y Balarice oi Purchases described in (1) above is ,determined far the current billing cycle, Finance Charges will De computed on the Average Daily Balance of Previous Cycle Purchases only if (i) the New Balance shown on your billing statement for the previous Dilling cycle is natpaid in full within 25 days after the Closing Date of the previous billing cycle ami, in addition, (ii) the Previous Balance shown em your statement for the previous billing cycle was zero or a credit baiance orwas paid in fuil during the previous billing cycle, (3) We compute a portion of your Finance Charge by multiplying the applicablemonthlypenodiGfates-l1ownor.theirontofyourstatem€1l-I-times each Average Daily Balance of Interest Free Special Purchases (including new Interest,Free Special Purchases) as shown in the Promotlollal Summary section on the front of the statement These are special promo- tional purchase ba]ances on which Finance Gharges are accming but will bE \Iy;aived provided (i}the ba!anceforthe interest free Specia! Pur chases is paidinfullbythedatethelnterestPreeieatureexpiresasspecifledor;the front 01 your billing statement and (iiJ you ne'ler ;ail to make any Minimum Payment Due by the payment due date shown on you~ sta~ement in any 2 consecutive billing cycles before the Interest Free Special Purchases have been paid In furl. There may be more than one Average Dally Balance 01 lr1terest Free Special Purchases showr1 on your statement if during the billing cycle you have unpaid purchases made purSliantlo more than one such lnterest Free SDecial Purchase offerfO'Which the inlerestiree leature has notyetterminatird, Each Average Daily Balaoce of 100terestfree Special Purchases. and the periodic rates applicable io ii, IS shown in the. Pmmotionai Summary section or; the front of your statement. To compute each Average Dally Balance of lr1terest Free.Specia! Pur.-:hases, we use only those purchases to which the part:cularinterest Fre-e Special Purchase ""u"~'" (JI Uclldll"u lIclll~IG[;' dllU .1;' \II lilt: U<l": UI U dll"oL;lIUII Illl Ullll;:I:O. dIll! (iii) subtract the applicable portion ot ar1Y payments and credITs applied to your Account as OT tnat day. ThiS gives us the daily baiance., Then we add UD a'l:the daily balances for the bilUngGycle and divide trle total by the num- ber of days In tile billmg cycle. ThiS gives us each Average Dally Ba:ance or Reduced Rate Cash Adv.ances (4) The Slim 01 the amounts determined under (1), (2) and (3) above is your FINANCE CHARGE on Cash Advances. (0) Monthly Periodic Rates. The monthiy periodiC rale aile! corresponding ANNUAL PERCENTAGE RATE used to compute t08 FINANCE CHARGE will be a vanable rate, which meanstne-y rnayvary from billing cycle to billing cycle, The variable J7lonth!y periodic rate and corresponding ANNUAL PER- CENTAGE RATE is subject te Increase or decrease once each month baseo on cr.anges in the Bank Pnme Rate as published in The Wall Street Joumal in its Money Rates Section (Prime Rate). Any increase or decrease wil! be effective on lhe first day of your billing cycle and will be based 0 nthePrime Rate published in The Walt Street Journal on ttle 15th day 0; the calendar month preceding the bi!ling cycle, orihe first bUSiness day after the 15th 01 the calendar.monlh preceding thebiillng cycle when the 15th does not ial! on a bllsiness day. The monthly periodic rate wi!1 be eQual tD the Prime Rate pius a preferred "Margin" 01 12.05 percentage points, divided by 12 and rollnded up to ihe nearest 1/1oOlr: of 1%, but will never be iessthan a oreferred "Floor Raie" oi 1,55% (corresponding ANNUAL PERCENTAG:: RATE of 19,8%) lf the monthly periodic rate and corresponding ANNUAL PERCENTAGE RATE increase, the FINANCE CHARGE will increase and your Minimum Paymeni Due may be greater: The current periodic Jate an{cor- responding ANNUAL PERCENTAGE RATE are shown on the enclosed card carrier or otrler enclosed insert. Notwithstanding the foregoing provisions, if you fail to make the Minimum Payment Due by the payment due date shown on your billing statement for two consecutive billing cycles, then, b'eginliing with the next billing cycle, your rilonthly periodic rate' win increase to 2% (cOi"responding Annual Percentage Rate 24%). This APR Will cantlrJ- ue in effect until you have paid at least the Minimum Payment Due b)' Ihe paymentaue date shown on your statement in 6 Gonsecutivebillingcycies, at which time the Dreferred Margin and Floor Rate no,mally applicable 10. your Account will resume, effective as of the first day oj your next billing cyc!e. (c:) Minimum FINANCE CHARGE. If a Periodic Finance'Charge is imposed on purchases, the minimum amount will be $ .50. 1; a Periodic Finance Charge is Imposed on cash advances, the mmimum amount wI!: be $.50 (d) Annual Fee FINANCE CHARGE. Waived lor the first year. Thereafter, you agree to pay us an Annual Fee FINANCE CHARGE of $25, wnlch will be shamed to VDurAccount unless vou have charo~d at least $2,oOGto VOUl Account du~n~' the preceding yea~ ~ 11. Late Charge, ]f we do not receive the Minimurr: Payment Due by yoU! next statement Closing Date, we may impose a late cr,arge of $25 12, Charge [or Returned Checks. lf your payment ch~~k or draft is returned to llS unpaid for ailY reasoli 0)1 you~ bank or other tinancial instilu. tion, or it we decline to pay your convenience check because paying i"t wouid exceedyouI creditlimi~; or because vour Account is c10sec o:-delin- quent, we may"inpDse a charge of $20. . 13.lnsiJrancl:. insurance IS not required to ootain crf'dit If you request any insur8ilr;e co'..'eragc, ir cunnesTIon wiir:he ooening ottne .A.ccountor C;:H~TH~~;cL~ cr" f1:.c\.'c:.D.S!O S!::;c:: !ater, and are eligible tor such insurance, you authorize us to charge the Insurance premium to your Account on a monthly basis. 14. Promotional Transaction Options. We may at various times offer Promotional Transaction options. Four standard Promotional "Transaction OptiUDS we may offer are: (1) lnterestFree Sueclal Purchase: For a specifted ume period from the date of purchase, the Rnance Charge which accrues on the balance of tile internst Free Spedal Purchase is not added to your Account balance but instead is accumulated trom bWing cycle to oifJrDg cycle and posted to your Account only jf you fail to pay your Minimum Payment Due by the payment due date siloWr1 an your statemetlt in allY 2 consecutive bWlng cycles before the'lnterest Free Special Purchase has been paid in full or if the ]nterest Free Special Purchase has not been paid in full by tile end of the specified time period. (2) Nonretroactlve Inferest Free Soeciar Purchase: Fora specified time period from the date of purchase, no Finance Charge is imposed on the Nometroactive Interest Free Special Purchase. When the specified time period expires any remainlnu balance of the Nonretroactive lnterest Free Special Purchase wW thereafter be subject to Finance Charges. If you faU tc pay your Minimum Paynwnt Due b\' the payment dUG date shown on any statement, your Nonretroactive Interest Fret Special Purchase feature wi!l terminate and any remaining balance of YDur ~!o!\retoactive Interest Free Speda( Purchase wUl thereafter be SlJtlject to Rnance Charges. (3) Reduced Rate -SDBcial Purchase: For a specified TIme from the date of purcnase, the monthly periodic rate in paragraph 10(b) used to compute the Finance Charge will be reduced on your Reduced Rate Special Purchase, If you fail to pay your Minimum Payment Due by th~ payment due date show\! on any statement, your Reduced Rate Special Purchase feature will terminate and any remaining balance of your Reduced R~, :SPecial Purchase will thereafter be sUb/ect to the appOcable fl1~nthly perIOdic rate and carrespondrng ANNUAL PERCENTAGE RATE until ~W remaming balance of the Reduced Rate Purchase is paid In ful!. (4) Reduced Rate Balance Transfer and Reduced Rate CQnvenience Checks (Reduced Rate Cash Advances):. This may apply to balance transfers, con- venience checks or other cash advances as specified in the promotional otier. The monthly penodic rate In paragraph 10(b) used to compute the Rnance Charge Will,be reduced on your Reduced Rate Cash Advance. C~a\1(le in Payment: Pmmotlonal Transaction options may involve a change in your payment while !he Pr{)mouona! feature is in effect One standard changed payment featuro Ihal may apply Is: (1) No PaYment: We exclude the unpaid amount of yo'ur Promotional Transaction from your Account bal- ance for purposes of computing your Minimum Payment Due under para- glllph 7. On:;e the Promotional feature terminates the unpai9' amou.nt of the Pmmo-tionai Transaction w~l be subject to the normal payme~t terms under p",graph 7. Some 'specific Promotional Transaction options we may offer from time to time are: (;D 90 Davs Interest Free: This has. tM Irriere.st fre.t teatur.e described in (1) aool,le, wrrh 90 days from date of purchase as the specified tir11e period. There is no cna\1ge in how your MInimum Payment Due is derennined. (b) 6 Months Interest Free: This is the same as 90 Days Interest Free, except that the specified time period is 6 months from date of purchase. (c) 12 Months Interest Free: This Is the same as 90 Days Interest Free, except that the specified time period is 12 months from date of pur- chase. We wiiJ identify at ti1e time of off-ering any option, which of the standard or other Promotional Transaction options ?nd chaI1Qed payment features, if ~ny, described above or elsewhere applies to that purchase. Any transac- non chargmg to your Account a purchase so identified in this paragraph win constitute your agreement that the applicable Promotional Transaction optiOt1 describerl will apply to that purchase. For .any Promotional TransaCTion or changed payment featum not described above, we will indi- cate the applicable promotional terms at the time we offer the promotion. i5. O'Jer-The-Credil-Limit Charge. If you exceed the cred[ nmit appilcable to your ~ccount, or any separate credit limit applicable to cash advances, wernay lIl1pose a charge of $20. 16. Gopy Charges. jf you request that we provide you an additional copy of allY statement more thall 90 days after the date we sent the statement to you, we may impose a charge of $3.00 per copy. 17. Applicable law. GEORGIA AND FEDERAL LAW Will GOVERN THIS AGREEMENT, To the extent permitted by law, you waive any right of venue and persona! Jurisdiction and agree that all legal actions between you and us may be brought In a court of competent jurisdiction in the State of Georgia, County of Cobb. . 1 B. Def:a\JIL You will be in default under this Agreement if you fail to pay ~he Minimum Paymenr Due o~ time, To the e....'1:em permitted by law, you agree you will also be in default If you farl to keep any of your other promises you hav? made in this Agreement or if bankruptcy proceedinQs are fjj;:o by or against you. If you are in default after we give you any notice of 0, nght to correct the default required by law, we may termh'ite your Account and demand payment of the outstanding balance in your Account immediately. To the extent permitted by Jaw, you agree to pay all reasonable attorneys fees, court cosis, collection expenses and repossessjon expenses incurred by us.. You agree that if you are in default, you wi/Jaccept caUs from I1S regardmg me collection of your AccoUnI. To [he exrent permirred by jaw you agree mal the cal)S can be automatically dialed and a rec-oraec ffi9S- , saQe may be played, and that such calls wi!,' not be '.unsoliclted" caris for ---.-.-.,.-.,-.,... .-...'., 25, Det?y in EnfQrcement{No Waivers. We can deray enforclng cur rights under thIS Agreement without losing them. We cat] also accept late pay- ments or partial payments or checks and money ord~ marked payment in ful.! or other similar language wJtnout losing any of our nghts ullder this Agreement. 26. BilUng Address. Jf your Account is a joint account or if more than one person is permittee] to use the Account you agree that all notices regarding the Account may be sent solely to the address shown on our billing records. You agree to give us written notice of any change in your billing address. Any such change wW become effective upon our receipt of your writtennoiice at the Bank's designated office. 2,7. Assignment You may not assign your lights underlhe Account We may assign our rights, includinQ our securiiy interest, atany-nme. ZB. Call Monitoring. You agree that trom time to time .we may monitor which may includB recording, teJephone calls beflNeen you and us to assur~ the qua1ily of our custDmer service. 29. Mediation and Arbitration. This Section applies to any claim, dispute or controversy arising from or related either to this Agreement or the rela- iionsh~ps that result from this Agreement. The term ~Glaim," as used in the fallowmg paragraphS includes any such claims, disputes or controversies: Mediation. Either you or we may request that a Glaim be submrtted to non- binding mediation. Such claim shall be subject to nonbinding mediation if the other party $0 agrees within 60 days of you or us making the request by letter. Any such mediation so agreed to shall be held In the federal judicia! ~Istrict in which you reside, and shall be conducted according to the media..; tlDn rules of 1he National Arbitra'lion Forum. You and we agree further io share the cost of any such mediation equally. No mediation shaJl com- mence unless both partJes agree to it. and no mediation shalJ continue if eitherpartydeciares an impasse, Arbitration. Except as proVided below, you and we agree that any claim that is not resolved through ine nonbindinQ mediation process outlined above Shall be resolved by binding arbitration conducted by and according to the Code of Procedure of the National Arbitration Forum in effect at the time the claim is fiJed. FUing fees shall be paid by the party tiling a claim, and other fees wiJI appiy as stated in such Code of ProcedUre. All claims submitted to arbitration shail be filed either at any National Arbi/ration Forum office or by certified mail at P.O. Box 50191, Minneapolis, Mifmesota 55405. "!he Code of Procedure of 1he National Arbitration Forum and related forms, mciuding the forms ro be used in filing a claim, may be obtained by calling (800) 474.2371. Any claim must be filed with the National Arbitration Forum or with a court 01 competent jurisdiction within the applicable 51aMe of limitations and nothing herem serves to extend anytime period thereunder. Arbitration under the Code of Procedure of the National Arbitration Forum can take the form 01 a document hearIng wnere fhe'"parfies submffdocu= ments and their ciaim is resolved through an independent arbitrator's review of those documents which is conducted at the arbitrator's office, outside lhe presence of the parties. Arbitration may aisotake the form ot a Darti~i- paloryhearing mwhich tneparties can appear and present evidence' which will be considered by the arbitrator in resolVing the claim. Parties request. ing a participatory hearing must pay an addJtJonalfee as stated ,in the ,Code of Procedure. Any participatory hearing that is held will be conducted in the federal judicial district in which YOllreside. If reqlleStell by either party, the arbitration award will be accompat1~d by a writtBn decision explaining the basis for the award. The party requesting sllch a written decision may be required to pay an addltionalfee. Judgment upon the arbitration award may be enrered in any court haVing jurisdiciion. Noiwithstan6ing the above agreement to arbitrate, .either party shaJl have the right to apply to any COlJrt havingjutisdiclion and seek interim, provisional, injullctive or other equitable relief, including replevin or other prejudgment remedy, relaiinglo any collateral, securiiy or property interests forcontrac- tua! debts now or hereafter owed by either party to the other under this Agreement, until the arbitration award is rendered or the controversy is oth- erwise resolved. In addition, if either party files a ciaim with a court of com- petent jurisdictIOn, such fUing shall not be deemed a waiver of the right to arbitrate that is provided under this Agreement. if, however, a party files a claim with a court of competent jurisdiction, and heither party files With the court a pleading asserting the nght to arbitrate within 3D days of the last date established by the court far "the filing of ail claims, defenses and coun- terclaims, then the n'ghts oithe parties to arbitrate such claims, defenses and counterclaims under this Agreement shall be deemed io have been waiveG. Cardholder Agreement to Mediation ami Arbitration ProvlsioDS. By using your credit card anytime 30 days or mare following ihe date of this amend- ment, you agree ro the te/TJ1S enclosed herein. Furthermore you acknowl- edge that you" prefer to resolve any claims, disputes or controversies lhrough ine mediaflon and arbitration provIsions .set forth above, and f.'UlfJU"'''':' UI "lnl~ Ul l"'Uvlal laW. 1!l. Chanye 0\ Terms. Upon such prior written no1ice as is required by applicable Jaw, we may change the terms of this Agreement. In such eVEm~, te the extent permitted oX applicable law, the [1;;\:'1 terms shail appl)1 to your Account balance at the time 01 the cnange and to future c\1arges, However, you may avoid the Dew terms If you surrender your Card by mailing tt to us at tile adDress indicated in paragr:aph 20 ol this Agreement prior to the effective. date oi the change, \n whith event you may continue to payoff your Account balance under the same terms and conditions as then in effect. Failure to surrender your Accounl Card prior to the effective date of the change wH: constitute your consent to the change in terms. ZIT. Losl or Stolen Card or Unauthorized Use. You may be liable tor the unauthor!mo use ot your Card, You will not be liable lor unauthmiIed me that occurs after you notify us bytelepnone at 1-800-685~6761 or by mail at FNANB V1SA", p.o, 80x 42336 Richmond, VA 23242 of the kiss, theft or possible unauthoTizeduse. In any case, your itability wW not exceed $50. 21. c-reoil lil1ormalh:m. You agree t'1at we may'give irltormation about your Account (including wheti1er you have been late in making payments) io per- sons and companies whioh are ano\!\,8c by law to receive such information (tor example, credtt bureaus). You agree that we may request one Dr more consumer credit reports in connection with any applicatio!l for establish" mentof this Accountor in connection with any update or renewal of, or extension at Gledit under your Account You also agree t'1at to 'the extent permitted by law, we may provide inl0fmatioll about your fl,ccount, aild other information we may have abDut you 10 <iffiijates 01 ours for pDssibJ~ marketing to YOlloipriJductsand ser:icesprovide.nby ouraffillates.. 22. Cam:ellation. We have the right to cancel thiS Agreement at any time as itre\amsm-futurepi:lr.cRases and act.vances. YJlU'willsJi\lbe.respoYcs5ble to pay any amounts you owe in accordance with the terms of this Agreement If yom ACGOlmt is.c,moeled, you will return your Cards to LIS at the address shown in paragraph 20 ofthls Agreement. ZS. Securilv Interest. To the ext!:mt penntttedby appiicable law, YOlJ grant to us, and we shall retam, a purchase money se~lJrity illterest under tne Unibrm Commercial Code, in eacn item ot ourable goods purchased on your Account as s'~'Jwn on sales slips, until the uTlpaia balance of that item is paid in full. r-O( purposes of detennining at any lime which items remain sUDject1Doursecuri1yintereS't,paymentson you: Accountwi\ibe appHed itl accordance with any mandatory provisions of applicabie law and, absent such provisions, shall be applied as tallows: first to Finance Charges; then te any. late charges, annual fees, DyeHhe-credij limit charges, returned check charges or other charges (except Insurance charges, purchases or cash advances); ant! then to insurance charges, purchases and cash advances charged tD your Accounl or; dJfferellt dates, in the order of entry to your Account and in the case of Insurance charges, purchases and advances charged to your Account on the same date, the lowes1 priceD shall be deemed fl:st paid for. However, tt is express/r agreed that [(0 secu- rity irttmst Is or wUl be retained or acqUIred by us in any consumer's prine i- pal6weHing, This does not apply to a lien creatIOn by a court judgment. jf1 the event of default, Vie shall have all the rignts of a secured party under applicable Jaw inCluding, to the extentpel1T1ined by applicable la~,r, the ngrlt to repossess items that rema.1n subjecl to our securit, Interest 24. SeveiabiHty. Trle inva\"idlty at any provision oj 'this Agre8mel11 shall not 3ffectthevaiidiiyofanyatherpravision. YOUR 81LUNG RIGHTS - KEEP THIS NOTICE FUR FUTURE USE This notic-e .::ontains important information about YOUf riohts and our responsibilities under the ral\" Credit Bi1ltnQ Ac~, - Notify Us in Case of Errors or QU8stiai:s About YDur 8m If you thil1kyoUi bill is wrong, orifyolJ need more iotormatiar: aoou! a tiansactionon YOLJrbll\' wrTIe us an a separm8 sheet at the address listed onyourbi!L Wlitetous aSSOOI1 aspossib\e. We must hear from you DG iaterthall60 days.afterwe sent you the firsthHl on whl:hthe error or ~'rob. lem appeared You can teiep.r\Dne us, but doing so will notpreSel\l8 your rights. - Inyourletter,giv8IIsthetollowlnQif\lormation -YouinamE and AccQuntnumber The dollar arnounto!the suspected error. -Describe the error afld explain, iI you Gall,why you believe tnere is an error. Ii you need more mloml31ion, aescrioe the 1Iem you are flat sure about Your Right; and OUf RespDnsibilities Atie[ We Receive Your Written Nolice We must i:IckrlOwledge your letter within 30 days, unless we nave corrected the error bj/then. Within 90 days, we must eitherCIJrrectth~ error or explain why we be!ievethe bill W2.S correct. Alter we receive YOui letter, we cannot iry t[) coilec~, any amount you ques- iJorl,orreponyouasdehnqu8t1tastothequestioneaamaunt Wec[lnco[1- 1inuetobi1\you lor the amouD1you-questIon, \nG\udi~jinan.ceGharge~" and we can apply any unpaid amountagainsi your c:redit!imit. You do I\othave te pay an\,' qUBsboned amount while Wf art In'lestigaiing, nut you are stili ob!igated to Day the piJl1s of yom biUtilat are not in qUBstion, ~! we 'lind that we mzde a mis\ake on your bIll, you will not have to pay any Tmance charges related to any questioned amount. If we did flO\ make. ;:, mistake, 10U mal' have fa pay fili<l:ncB charaes, and VClU will have TO maKe up any missed payments 0[1 the que5tiorledamount. ~in either case, we w\ll ,'lend you a statement a! the amoU(1; you owe and the Gate that if: is due. jf you -rail \0 pay the amoum that jlOU owe, we may report you as deiin- q~e~t. Howeve,: il our explanation (joes ilotsar.sfy you ilTldyou write to us withm 1en days ldlmg !;s that you still ,efese 1[) ;lay, we IliUSl1efl 'anyC!lE we report you to that YOu have. a question aDO:.rt your bill. And, we m!lst iel! 1/0U the name 07 anY!Jll8 we reported you to We mustteJI_ anyo,ne w& rcouri youtothatjnerr,atterhasbBensettledbe"\weenlJswhenilfmaIIY:s. If we do no~ TOI'iOv,' thBse ruies, we carmat '~.ollect the iirst SSO oj the aues- tioned-amollnt, ever, ifvour bin v>las r;DtT~~t Spe:::.ial P.llj~ 10, CI-euit Cara PlJICh2SeS lfY(Ju have 2. ~roJlern with the quairty ol,Droperty or servil'.es \hal YO'J pUi- chased with a C~CQn card, ane you have (ried in gooa faitn 10 CJlTect the problemwilhlhsIDBiChmi,you;nayhavf:therigh:Dottopay1twfemaioiIJ9 arnouIT. Gut on the pr~perty or H~rvic?s, There are two iimitatilins on tnis right: {a) You mlls1 Gave made tne pUlCnase in your nome state 0(, it net Within YOllr home stat;;. lvithin i DO miles' 01 YOlJr ::ummi mailing address: and (a) Tile purchase price must ha\'e hteri ifJore than $5D These limitatiGrJs du rtot appiy it we awn or cpeiate trIe merchant, 'Jr it we rnaiied Y01.! the CJdvE.!iisementfofthemoperty or servi':::.es. ,T-~ --852&-, ''j_I3% POP"\! CDG_S'~2[lG VERIFICATION ~aJ1~.! u:I.UthOrized repre,ent.tive) is Le1d ~e('N~I!o~t~t~) for First North American National Bank, the within Plaintiff, and makes this statement on its behalf as to the truthfulness of the facts set forth in the foregoing Complainl subject to the penalties of 18 Pa. C.S. Date: ~. 11').'1 William B. Bingham Ir 4104137500058554 .,f ./ Seclion 4904, relating to unsworn falsification to authorities. ,~ '" --.. ~~ ~..-< - ~ I C/' c. ~) ~, 0"- Lf ';:::]' , ... . ~ ~, ,- C/' r .~"".~_._---.,--,. '.- ~,_~,~'H"'_" (uv . . ,..~.;, <:';,>;:1 C;.:) .",..- r", _J -"T, ~.) C.,) C BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 ATTORNEY FOR: Plaintiff FIRST NORTH AMERICAN NATIONAL BANK : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 04-4868-Civil WILLIAM B BINGHAM JR Defendant : CIVIL ACTION - LAW Praecipe to Reinstate To the Prothonotary: Please reinstate the Complaint. ~ZI) & ASSOCIATES, P.C. / BY: ~,,' . :stirton Neil, Es . re Attorney for Plainti The law firm of Burton Neil & Associates is a debt collector. 04-104 q c: Z -"ITi Q) LI; zt:. (f) ,~- . --;.-_:, ~\: ~( ; 4.0 '5>C; :c_ ~ .-...:I = = J:'" o rrt C") N CO ~ ~-n mp -om -09 ~Cl -c =ij 0= z~ " ~ Tt :.< -u ::lll: N .. U1 SHERIFF'S RETURN - NOT SERVED CASE NO, 2004-04868 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIRST NORTH AMERICAN NATIONAL VS BINGHAM WILLIAM B JR R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: BINGHAM WILLIAM B JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE NOT SERVED , as to the within named DEFENDANT , BINGHAM WILLIAM B JR 3443 GREEN STREET CAMP HILL, PA 17011-4420 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO SERVE DEFENDANT PRIOR TO EXPIRATION. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 33.30 .00 10.00 .00 '61-:30 So answers: ----' /._.-..// ,,<'''~ ~~~-:~~~." ~. Thomas Kline Sheriff of Cumberland County / BURTON NEIL & ASSOC 10/28/2004 Sworn and subscribed to before me this /7 E' day of a~ Jiro~ A. D. . Aft' l it' () 111.e'g., ,T' Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2004-04868 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST NORTH AMERICAN NATIONAL VS BINGHAM WILLIAM B JR HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BINGHAM WILLIAM B JR the DEFENDANT , at 1942:00 HOURS, on the 4th day of January , 2005 at 3443 GREEN STREET CAMP HILL, PA 17011-4420 by handing to WILLIAM B BINGHAM a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 10.36 .00 10.00 .00 38.36 ~~-'<~ R. Thomas Kline 01/05/2005 BURTON NEIL Sworn and Subscribed to before me this /4 ~ day of \ ~ .}111J{ A.D. (Yd",. () ~h, 1D.",-r.-. 'T/!fcJthonotary , "'iJ. By: 7,4/ ~ Deputy ~riff , BURTON NEIL & ASSOCIATES, P.C. BY: Burton Neil, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, P A 19380 610-696-2120 ATTORNEY FOR: Plaintiff FIRST NORTH AMERICAN NATIONAL BANK Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 04-4868-Civil WILLIAM B BINGHAM JR Defendant : CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly discontinue the above-captioned action without prejudice. BURTON ~EIL & ASSOCIATES, P.C. , BY: Billton eil, Esquire Attome .for Plaintiff The law firm of Burton Neil & Associates is a debt collector. 04-104 ~ U". ...", m 1::P "'f::J ~ ~ .:t:. )> ";% = .. ('.~ <.0