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HomeMy WebLinkAbout12-1517 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No. /A- /517 Civil Termn, . rn CD z rn ?. yc4 y r . vs. co 7-0 CIVIL ACTION -- DHANANJAY DESHMUKH '' - , Defendant - X *3 NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEYS AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE (717) 249-3166 R. Mege, sq. Attorney ID No. 8lX Attorney for Plaintiff Law Offices of Alan R. Mege, Esq. P.O. Box 1426 ))) Bethlehem, PA 18016-1426 (610) 954-5393 410_S. ,7.y p15 a-'M 01 r / -S -u (0 ex'7&199 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff vs. DHANANJ.AY DESHMUKH, Defendant No. CIVIL ACTION COMPLAINT Civil Term 1. The Plaintiff is Commonwealth Financial Systems, Inc. ("CFSI"), a corporation with an address of 245 Main Street, Dickson City, PA 18519. 2. The Defendant is Dhananjay Deshmukh ("Deshmukh"), an individual with an address of 628 Erford Rd., Camp Hill, PA 17011. Count I - Breach of Contract 3. Defendant requested a credit card from Citibank. 4. On July 12, 2001, Citibank offered Defendant a revolving open-end charge account and issued a card to the Defendant subject to the terms and conditions set forth in a written agreement, a true and correct copy of which is attached hereto, made a part hereof and marked as Exhibit "A", 5. Exhibit "A", the contract between the parties, is a written contract and is attached hereto pursuant to Rule 1019(i). 6. Defendant accepted the terms of the written account agreement by using the Citibank issued AT&T Universal credit card account number 5398-6070-7145-3634 for purchases, cash advances, and/or balance transfers. 7. Defendant was mailed account statements relative to Defendant's use of the Citibank issued AT&T Universal credit card. 8. The Defendant has defaulted under the terms of the Agreement by failing to make monthly payments as they became due and owing. 9. The last payment of the Defendant in the amount of $105.00 was received and credited on February 21, 2011. 10. The within account was sold by Citibank (South Dakota), National Association to Unifund Portfolio A, LLC ("Unifund") for valuable consideration and all rights under said account were assigned to Unifund, whereupon Unifund sold the within account for valuable consideration to Plaintiff CFSI and all rights under said account were assigned to CFSI. A true and correct copy of the Bill Of Sale, Assignment And Assumption Agreement and Bill Of Sale are attached hereto, made a part hereof and marked collectively as Exhibit "B". 11. Pursuant to the terms of the Agreement, Plaintiff, upon default in payment, may declare the entire unpaid balance immediately due and payable without notice or demand. 12. Pursuant to the terms of the Agreement, Defendant, is liable for interest on the unpaid balance. 13. Pursuant to the terms of the Agreement, Defendant, is liable for Plaintiff's court costs and reasonable attorneys fees. 14. As of May 27, 2011, the balance due and owing to Plaintiff from Defendant was $1,162.79. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $1,162.79 plus costs and interest from May 27, 2011 as well as reasonable attorneys fees of $750.00 and such other and further relief as the Court may deem just and appropriate. 2 Count II - Account Stated 15. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 16. The within account was an account in writing and expressly or impliedly accepted by both parties. 17. The amounts due and owing to Plaintiff by Defendant are based on a subsisting debt and arise from a preexisting account or course of dealing between the parties. 18. This account is an Account Stated, thereby operating to foreclose any dispute over the amounts due. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $1,162.79 plus costs and interest from May 27, 2011 as well as reasonable attorneys fees of $750.00 and such other and further relief as the Court may deem just and appropriate. Count III - Quantum Meruit 19. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 20. The services provided by Plaintiff, described above, were received by the Defendant, and the Defendant received and accepted the benefit of said services provided by Plaintiff. 21. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid services to Defendant and expected to be paid for such. 22. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide the aforementioned services and incur damages. 3 23. At all time material hereto, the Defendant was unjustly enriched by retaining the benefit of receiving said services without paying Plaintiff fair and reasonable compensation. 24. By reason of the aforesaid unjust enrichment of Defendant at Plaintiff's expense, an implied contract exists between the Plaintiff and the Defendant, and the Defendant is obligated to pay Plaintiff the value of the services described above and in the exhibits attached hereto, in the amount of $1,162.79 plus costs and interest from May 27, 2011. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $1,162.79 plus costs and interest from May 27, 2011 as well as reasonable attorneys fees of $750.00 and such other and further relief as the Court may deem just and appropriate. By: Atty. I.D. #81288 Attorney for P intiff P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 4 kT&T Universal Card Cardmember Agreement AS Agreement along with your card carrier and any other written -ount materials contains the terms which govern your ATK Umver:al rd and Account Please read these documenrs and keep :hem with °•n- other impor^nt papers. Jefnitions. In this Agreement the word "Card" means a single Ca y - C,vo Or more Carm we have issued tq you under this Agreement The as "you:-your." "yours" and"cardmember" mean each individual who ies for a Card.The words or "us" mean the issuer of the i:T Universal Card.The word "Account" means the AT&T Universal r d Accounr for which you were issued a Card irrionnted with your =punt Number. The words "Authorized User' mEan any person to •rom you give perm ssion co use your Accounc-The worms "Transaction i;-e' maan the dam the goods or services were purdi.sed or the date Cash Advance was made. ire words "Posting Race" mean the date the charge was debited andior credirPd co vourAccount. T4e words vgm-7d Telephone Number' mean the telephone number to which t.ir lr)ial-I service is billed-which may or may not be yow home .drone number. The words "Calling iransa;tions" mean the CaLlirg _--. rl Calls you make wits your Card and all other tails billed to your .:aunt to the extent you otherwise agree, m de from or billed to -,ur QesignatedTeleohone Number Your Responsibility for -die Account. you ore responsible for all :noun's owed on your Account -.vhether i_ is used by you or by in -.cnorized User: and you agree co pay such amounts according to the -ruts Of :his Agreement- If this is a joint Account, each of you. together + d individually, is responsible for ail amounts owed. evert if the Account is .pd by only one of you. In order to cancel permission of an Authorized :er to use your AT&T Universal Card Account. you miust noefy us in v,-ring and you must return to us. with your written notice. any Card in oossession of theAuchonzed User.Yau ";I continue to be liable for Purchases and Cash Advances made by an Authorized User, and all ),her resulting Account fees and charges, until we receive your !ester and ... Card. if we asks,fciu must cut the Card in hag and return it [o rt5-'fop It sign each Card as soon as you receive !t 'ou will commue to be liable for the entire balance of your Account, ,en if your co-applicant is ordered try a court to pay us. if a court orders ur co-applicant to pay all or a portion of your Account balance, you will r Sin iiabie to us if your co-applicant fakir -a pay as ordered by the ;urt, and your Account status wiH. continue to be reported to the credit -n'eau under your name. =rom time to time you may hear about new products and services nog offered cc you and ocher cardmember... If you would prefer no[ co ererve rhis nformauon either by telephone or mail Or both, just let us -low by calling our toil-free Customer Service number: I BOG 423-4343 Accepting This Agreement. This Agreement will be effective when ^.u or an Authorized User uses me Card, or if you rail c0 cut your Card n haif and return it to us wirhin 30 days after it is issued to you or when ,ou call and activate the Card by the Card Activation Number process. S.Your Credit Line. You may not use your Account in any way that -:ould cause you to go over your tredic line.'We may refuse co authorize ;r accept any transaction on your Account which would cause you co exceed your credit line. it is your obit?ation not to exceed the credit line ,)r your Account If you owe more than your credit (tine- you agree ro pay to excess immediaceiy upon our request and we may charge you an weriimit fee. as described In Section 15 of this Agreement. and/or ?? n 11 sx _ _^? r.'?en suspend your Account privileges or cancel ycxu Account as described in ecvon 24 of this Agreement.We may aiso establish a credit limit for Cash Advances, which will be a portion of your overall credit line. if we do, your rutstanding'=ash Advance balance may not exceed this Cash Advance limit`Ne ray change your credit line and your Cash Advance limit hum time to time, and we wil! nottFy you ii we do. 5. Purchases and Cash Advances. You can use your Account and ;rour Ca-rd for personal, family or household purposes oniy'four Caro can be used to purchase or lease goods and services from participat;ng establishments.You may also use the Card to obtain a loan from your Account., by presenting it to any institution chat accepts the Card for that purpose. yr to make a withdrawal of rash at an automated teller machine (ATM). Both of these transactions and Convenience Checks (described in Section 7) are treated as "Cash Advances" on your Account. Any Purchase or Gash Advance (other than a Corrvenierce Check) which is made by you in a foreign currency will he convered co U.S. dollars by either MasterCard International or VISA International. ,a convert Purchases and Cash Advances made in a foreign currency. MasterCard international and VISA International use procedures and conversion races rnrablishco in their operating regulations on or about the data that. the t ansacdons are prccessed.The race currently inciudcs a 1% charge which MasterCard international or VISA international impose and retain. The currency conversion race esmblished on the processing date may differ from the rate effective an the Transaction Date or the Posting [fate. o. Calling Transactions. You can use your Card to make local, AT&T Long Distance and AT&T internsivanai calls (Calling Card Cails).The dialing instructions are on the back of the Card. Calling Card Calls are separarely idendfed in the "Call Derails" section of your monthly stacerri Calling Transactions are due and payable in full by the payment: due date on the monthly statement in which they are billed. Refer to the AT&T Calling?I•ansactions Terms and Conditions section at the end of this document for more information. 7. Convenience Checks. We may supply you with personalized Convenience Checks which are subiect to the following conditions. Only the person whose name is printed on a Convenience Check may sign it. All Convenience Checks must be written to U.S. dollars. We w4I not certify a Convenience Check-We are entitled ca return it unpaid if there is nor enough available credit on your Account to pay it if you are in default under this Agreement, if your Card or Convenience Checks have been reported lost or stolen or if the Convenience Check is postdated (shows a future date). Any Convenience Check that Nye pay will be posted to your Account as a Cash Advance.An AT&T Universal Card Convenience Check cannot be used to make a payment on any AT&T Universai Card Account Neither'„nfversal Card Services Corp. nor the issuer of the AT&T Universal Card shall have any liability for any Convenience Checki returned In excess of your credit line. 0. Lost or Stolen Cards. If your Card is lost or scaler. Or if you believe chat it is being used without your permission, you must notify us at once. Cali its at the number shown on your monthly statement You should also fodov this up in wricirng,You should not use the Account or Card after you have noted us. If your Cart) or Account is used by ar unauthorized person yaV may be liable, but not for more than 3SO.00.Ycu will not be liable for any Purchase, Cash Advance or Calling Card Call made after you have notified us of the loss or tiietc at the telephone number or the address shown on your monthly sntement. or 1 800 423-1343. You also agree to assist us in determining the facts, circumstances and cater pertinent information related to any loss. theft or possible unauthorized use at your Card(s) arse to comofv with such procedures as we may require in connection with our investigation. We are not responsible for controlling an Authorized User you aye ? kee us to add cc your Account if you Nish r0 rer lv a an Autnorized Users ability cc ease your Account, you must notify is in wriung 2nd you roust return ce us. with your •wriaen notice, any Lardfs) on your Account to which the Authorized User may have access. 9, If Your Card Is Refused. We are not responsible and shall have no tiabiky if a merchant, a iirtancmi institution. inATM or any third party refuses to honor your Card or accept a transaction on your Account. Although ynU may 'nave crecft available, re may be unable to authorize credit for a particular transaction cue to ooerauonai difficulties or mistake.s.Transactions made above a certain dollar amount may require authorization beiore the ransacton is approvea.Tfne number of transactions you make it one day anay be limited since we may limit tie number of authorizations which may be given These restrictions are primarily for security reti:ors. As a result we cannot explain doe details of how our authorization system works. Neither we nor our agents will be responsible or have any ji.abihcy if authorization for ?nsactio is not given. if /our Account is Overismic Or delinpuent, authcriza:inn of treatt For transactions may be declined. 10. Cardmember Privacy. We do nct sell the names and addresses of our tardmembers. and when undertaking projects with other connaanies we do not permit teem to use your name ana address for any other purposes. 11. Monthly Starements.'Ne will send you a monthly statement ac the end of each billing period (intervals of approximately one month which we tail "Billing Cyc!es'? F there is a debit or credit balance on your Account of S 1.00 or more. of a baiance on which a Finance Charge has been imposed. U. Payments. We may accept late payments or partial paymenu and paymi marked "Payment in Full." or similar language, without losing any of our rights under this Agreement. Payments should not be_ maae by postdated check. of we receive payment by postdated check we ay deposit it and shall have no liability if it is posted Prior to the date which appears an the check. We may ailorace payments co amounts owed on your Account in the manner we deem appropriate. Payments should be sent to us at the address shown on your monthly statement There could be a delay of up to five (5) days in crediting the payment to your Account if you send a payment to us at any other address.Aii payments must be made in U.S. dollars and drawn on a financial institution located in the United Stares. 13. Minimum Payment. 'you must make a Minimum Payment in each dialing Cycle in which you have a New Balance on your Account. The Minimum Payment in each Billing Cycle is 2.1% of the New Balance. excluding CailingTransactions, as shown on your monthly statement, rounded to the nearest whore dollar. Pius all C.allingTransacwris poster' to your Account in the Billing Cycle, plus any unpaid Minimum Payment from prior statements and any arncunrs which exceed your credit line. However, the Minimum Payment will not be Tess than $11100 or the exact amount of your New Balance. if !t minis less than 310.00• pads your Ca ling Transacaons.You roust pay at least the Minimum Payment shown on each manthiy statement by the cue dace to avoid delinquency. You may pay the entire New Balance on your Account at any lame. 14, How We Compute the Finance Charge, Finance Charges on -(our Account far Purchases and Cash Advances are calculated separately z Finance Charges for Purchases are figured by appying 1 Daily Periodic Race Inommai Annual Percentage Rate divided by 365 days) to your Daily Balances of Purchases, and adding together any such Finance Charges Tor each day in the billing Cycle Finance Charges for Cash Advances are figured by applying The Daily Peradic Rate To your Dailey Balances of Cast: Advances. and adding together any such Finance Charges for each day in the Biding Cycle. plus any applicable Cash Advance Fee(s). 0 determine the Daily Balances s Cash Advances, we rake ere beginning balance of Cash Advances on your Account each day, add any new Casn Advances and any unpaid Finance Charges on Cash Advances, and rubcract any payments aria credits applied To Cash Advances chat der. This gives us the Daily Balances of Cash Advances.A Finance Charge is imposed on a Cash Advance (inducing a Convenience Check), or portion of it. from the date the Cash Advance is irc!uded in the Daily Balance, nnul the dace payment in full is received. .a determine dhe Daily Balances for Purchases, we sake cite beginning balance of Purchases on your Account each day, add any nev Purchases. any unpaid Finance Charges on Purchase„ are), other charges posted to yourACCOUnt and any unpaid C1111ng7ransaccons from prior Billing Cycles, and subtract any payments and credits appiied co the Purchases twat day. This gives us the Daly Balances of Purchases. A Finance Charge is imposed on a Purchase trom the date the Purchase is included in the Daily Balance until the date'payment in full is received, However, no Finance Charge is imposed on new Purchases in The Billing Cvcfe in which They are posted ro your Account if in the prior Billing Cycle you had no New Balance, or rf you }laid the entire New Balance on your Account by the Payment Due Date on the monthly saument for that cycle, The Payment Due Daze will be no less than 25 days after the easing date of your previous Billing Cycle. No Finance Charge is imposed on Calling Transactions in the Billing Cycle in which they are posted to your Account Any Calling Transaction that is not paid by the Payment Due Date on the monthly statement in which it is billed is added co ycur Daily Balance of Purchases on the first day of tie next Billing Cycle. Purchases and Cash Advances are ncluded in The Daily Balance of the Account as of the Transaction Date, eyceut that Convenience Checks are included as of the Posting Dare. If a transaction (ocher than a Convenience Check) is posted in a Billing Cycle after the cycle in which The transaction occurred, the amount of chat transaction is included in the Daily Balances of Purchases or Cash Advances as of the transaction date.Accrued Finance Charges are included in the Daily Balance of Purchases or Cash Advances daily. The nominal Annual Percentage Rate that applies to your Account may be changed one time in each month or quarter as indicated on your card carrier, it will be calculated by taking the three-month London (nterbar k Offered Race (LIBOR) pvblished in TheWaff Street Journal. converted co a decimal and rounded up to the nearest 1f 10 of a percent, one business day prior to the ;7rh day offanuary,Aorif,juiy and October of each year and adding the margin indicated on your card carrier to drat rare. Any change in the nominal Annual Percenoge Rate will go into effect on the first cay of your new Billing Cycle staring after the First day of the next calendar month (if your Account changes monthly) or quarter (if your Account changes quarterly) and may result in an increase or decrease in the F;narce Charge imposed on your Account. There will be a minimum FINANCE CHARGE of 504 in any Billing Cycle in which a Finance Charge at a Periodic Rate is charged. The race on your entire Account balance -,i ndudlrhg arty promotions races) may be increased to a fixed ANNUAL PERCENTAGE RATE of 23.9% (.06548% Daily Periodic Rate) if any one or more of the following events occur on arty of your Accounts: (h) payment is not received by the Payment Due Date, (2) your outstanding balance exceeds your credit fine at any time du-mg a Billing Cycle or (3) any payment you Sena us is returned unpaid for any reason. Such increase will be effective on the first day of the Billing Cycia during which any of your Account, become oast due. overlimit or a payment is returned unpaid.You may ,,gain qualify for the lower variable rate based on the index, margin and Periodic Rate Review months disclosed on your card carrier once your Account, for 12 consecutive Billing Cycies. has remained current, your outstanding balance has remained at or below, your credit line and no aymenu have been returned unpaid. We add a fee for each Cash Advance, including Quasi-cash Cash ?dvarii posted to your Account. Cash Advances include wfufhdrawais of cash from ATMs. Cash Advances provided by banks or other institutions anal Convenience Checks. Quasi-cash Cash Advancer include. but are not limited to. wire transfers-, foreign currency, traveler's checks. money orders, casino gaming chips, off-track betting and wager.. and tax payments. 'he Cash Advance Fee: FINANCE CHARGE for Cash Advances applicable to your Account is 3% of each Cash Advance amount, but never less than 55 or more than S25.7he Cash Advance Fee./FINANCE CHARGE for Quasi-rash Cash Advanres is 3'% of each Qua ash amount. but never less than S10_The Cash Advance Fee1FiNANCE CHARGE will increase :he Annual Percenage Rate (APR) appearing on the monthly statement .n v,hich the Cash Advance is posted to your Accor.nr. Any Finance Charge shown on Your monthly, statemenc is computed Manly through the last day of the Billing Cycle..S`.ince Finance Charges corrinue to accrue until The dace :roue payment is received and posted to ;your Account, additional Finance Charges nay appear on the following morth's sratement.The amount of the Finance Charge and the Cash Advance Fee may be changed from time to time. IS.Your Billing Rights. Keep This Notice for Future Use, This notice contains important information about your rights and our responsibilities sander The Fair Credit BilengACr, Notify Us in Case of Errors or Questions About Your Bill. If you brink your bill is wrong, or if you need more information about a _ ans- action an your bill, write us an a seci sheet at the address Drovided in the Billing Rights Summary pia,6on on the back of your billing state- mem. Write To us as soon as possibfe. We must hear from you no later Ian 60 days after we send you the first bill on which the error or problem appeared.You can telephone us, but doing so will not preserve your rights. in your fetter, give us the following information: Your name and Account number. The dollar amount of the suspected error. Describe the error and explain, If you can, why you believe there is an error. If you need more information, describe The item you are not sure about If 7ou have aurhorized us to pay your credit card bit{ auromaticafly from your savings or checking account, you can stop the payment an any amount you think is wrong.Tc stop the payment your letter must reach us three (3) business days before the automatic payment is scheduled to occur. Your Rights and Our Resoonsibifities After We Receive Your Written Notice. We must acknowledge your letter within 30 days unless we have corrected the error by then. W;dhin 90 days, we must either correct the error or explain why we believe the bill is correct After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent We can continue co bill you for the amount you question, including Finance Charges, and we can apply any unpaid amount against your credit Iine.You do nor have to pay any questioned amount white we are investigating, but you are still obligated to pay the pars of your bill that are not in question. if we find chat we made a mistake on your bill, you will not have to pay any Finance Charges related to any questioned amount. If we did not mane a mistake, you may have to pay Finance Charges and you will have cc mike up any missed payments on the questioned amount in either case. we whil send you a statement of the amount you owe and the date that It is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and You write to us within 10 days celgng us that you still refuse cc pay, we must cell anyone we report you to chat you have a question about your bill. And we must tell you the name of anyone we reported you co.Vve must cell anyone we report you to that the matter has been settled between: us owner. it finally is. if we do not follow, these rules. we cannot collect the first $50.00 of the questioned amount. even if your bill was correct. Special Rule for Credit Card Purchases. If you have a problem with the quality of properey or services that you purchased with a credit card, and you have rned in good faith to correct the problem with the merchant you may have the not hoc to day the remaining amount due on the property or seryices.There are two limitations on this righcYou must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address: and the purchase price must have been more dean $S0.o0 These limitations do not apply if we own or operate the merchant. or if we mailed you the adve-rusement for the property or services- 16. Account Fees. Subject to applicable law. we may charge you, and ycu agree cc pay, the following fees. If your Minimum Payment is not received by the Payment Due Dace shown an your monthly statement, we may impose and you agree to pay a ace fee as indicated on your card carrier. '(0t u'-11 not be assessed late charges more than once for any single payment (During any flilling Cycle in which your outstanding balance exceeds Your credit. Fine, we may charge and you agree to pay an averiknit fee as indicated an your card carrier. If any payment you send us on your Account is returned unpaid, for any reason, we may charge and you agree cc pay a Returned Check fee as indicated on your card camen'vWe may also assess this fee if, for any reason, we return an unpaid Convenience Check.Your annual membership fee, 9 applicable, is non-refundable and will be billed to your Account and is indicated an your card ctrrier4ve may change the amount of these fees or add new fees from time to time. =3y ?. 17. immediate Repayment of your full Balance. You will be in detclit, and we may, without notifying you in advance, close yourAccoum, cancel ail Cards issued on is and demand immediate payment of your entire balance if any of the following occurs-You fail to make a payment when it is dire; you do not follow the terms of the Agreement In any way: you have made any false or misleading statement on the application for your Account; you fail to pay any other loans you owe us; you become insolvent or die; there is an attachment, execution or levy against you or your property; you retake an assignment for the benefit of creditors: a bankruptcy petition is filed by or against you: a guardian, conservator, receiver. custodian or trustee is appointed for you; you are generally, not paying your debts as they come due; or there has been an adverse than rah your financial standing. If you are in default and fail to pay any amounts -= - '° •,--,. - you ewe on year Account, you will be liable for our costs of collection and, if we refer this claim to an attorney for caiieaion, you will be liable for any reasonable aaon-teys fees we .ncur, plus the costs and expenses - V. any legal action. 4L. a 18. Delay in Enforcement. We can delay enforcing or fail to enforce any of our rights under :his Agreement without losing chem. 19. Credit Reports. You authorize us, our subsidiaries and affiliates, and Universal Card Services Corp. and eta parent. to make or have ahade any credit. employment ano Investigative mouiries we dean aopropnate related co this extension ofcredit or the collection of amdJnn owed do your Account. information concerning your Account or credit history with us can be furnished by these parties to consumer reporting agencies and others who may properly receive chat information.A negative credit report reflecting on your credit record may be submitted to a credit report ng agency if you fait to fu Efll the terms of tit s Agreement. Frcm Time to time, we may monitor ceiephone calis between you and Universai Card Services Corp. and/or us to assure the quality of our customer se. vice. 20. Change in Terms ofYour Account.'Ne can change any terms of your Account at any time- We will provide you with notice as recit:iree by law by mailing a notice to you it the latesr address shown in our recoils Any changes v All appi`r to the current balance of your Account as veil as to future baiances.You may choose no accept or decline a change by keeping your Account open er lay closing your Account within Sfteen (15) days of the notice and repaying any outstanding balance according to the old rerms.Your demion to keep your Account open after any charge will constitute your agreement to the change.We may sell or otherwise transfer your Account and any amounts owed by you to another creditoi az any time. If we do. this 9,greemenr will remain in effect 21. Law Governing 1-hfs Agreement. This Agreement and ynur Account shall he governed by and interpreted in accordance with the laws of the state of toe issuer of the Account and the United States.l-egardles5 of where you may reside or use your Account at any time. This choice of law is made cc ensure, uniform procedures and Pnterprecaoon for all of our cardmemTiers, no matter where they reside or use their Accounts. 22. Severability. In the event that any provision of this Agreement is held or determined invalid or unenforceable, for any reason, the remainder of the Agreement shag remain to full force and effect and unaffected by such holding or determination. Z3. Entire Agreement. This Agreement, including your card carrier and any other written account materials. embodies the entire Agreement and understanding between us and supersedes all Agreements_snatemenr: and understandings relating to the A.I&T Universal Card and the terms of it., use. uniess otherwise expressly stated. 24. Cancellation. You may cancel your Account at any time by nctifying us in writing at the address on your monthty, statement and returning to us all Cards issued on your Account, cut in half, and desmayirg all unused Convenience Checks. Even after your Account is closed. you remain responsible for paying any amounts you owe an the Account according to the terms of this Agreement. If this is a joint Account either of you may request chat the Account be closed and we will honor that request without us having any liability do either of you. We can suspend your Account privileges or cancel your Account at any time. with or without cause or notice. We may take such action if yyoouu do not use your Card to make Purchases, Cash Advances or make Calhng Card Calls at least one time each year or if we determine that your Account is not maintained for personal, family or household purposes. We may Issue you a different Card at any time. 2S. Headings. The hWdings used in chis Agreement are for the con- venience of reference only and are not intended In any way to define or describe the scope or intent of any provision of this Agreement. 26. Reevaluation of Credit. We may reinvestigate am information you provided on your credit application at arty time, and in the course of doing so, we may ask you for additional information, request credlt bureau repots and/or otherwise verify your current credit ,tanding. I. In these terms and condrtions.the term AT&T Calling Card refers to the Calling Card function of your AT&T Universaf Card.The words "you;' "your" and "yours " mean each individual who applies for the A T&' Universal Card Account. i. You agree to Day for all charges incurred with the AT&T Calling Card and/or with respect co your Designated Telephone Number and to Comply with the other terms set forth herein. :.'four AT&T Calling Card is not traruferable.'fou may authorize others to use the AT&T Calling Card, but the responsibility of payment for the charges incurred will remain yours. 4, ,tiharges for AT&T relecommunicatiors seances will be :rated and charged in United Scares dollars in accordance with AT&Ts effective ariffs. AT&T cariff rates for AT&T Caltfng Card Calls include a service charge, which will vary depending upon where and how you call.. he e 'V i ice charge as of February f M for a since-to-state AT&T Calling Card CA using i BW CALL ATT is 65¢ for a non-operator-assisted call and $2.25 for an operator-asslsted calLThe service Charge as of February 1998 for an in-state AT&T Coifing Card Call using 1 800 CALL.4TT ranges from 201 to $1.05 for a non-operarorvassisted call and from 50< to $2.25 for an operator-assisted cifl.These service charges may vary if you have an AT&T optional calling plan or use other dialing methods: For example 0 or 10-ATT. to place an AT&T Calling Card Calf-All rates are subject to c tinge without notice. 5_A seoarace charge will be assessed for calls originated from pay phones to recover a pay phone usage fee imposed upon AT&' by the FCC. As of December 1997, that charge is 3W± 5. In the evert the AT&T Calling Card may be used for AT&T Services not covered by tariff. AT&T will attempt to provide such non-tariffed services as described in its marketing ntateriais, but AT&T does not warrant such -services to be rrror-free or nt for any particular purpose. You may not use the non-tariffed portion of the services for any unlawful purpose and you are responsible for and will hold AT&T hartnkst against the consequences of any such unlawful use of any slander. libel or other actionable content to any message.The liability of ATM. or any of its employees, agents or cooperating service provider(s) arising from any misdefivery, nondelivery or any other errors or omissions in the provision of the ran-ariffed portion of the services is limited to an amount equal to the charge for any such service(s). ,--Your Account may be subject to a maximum monthly usage limit 8. ff AT&T suspects fraudulent use of your AT&T Calling Card, ATU may, among other things. suspend or terminate your card without further notice. a 1998 UC5 :1 10% Pest consumer waste CP-LSRO798 400000 AT&T Universal Card Cardmember Agreement 'his Agreement along with Your card carrier and any orser written account materials contains the terms whlcn govern your AT&T Universal Card and Account- Please read 'here documents and keep them with your other important papers, 1. Definitions. In this Agreement, the Hord "Card" means a single Car- ,x two or more Cards we have issued cc you under this Agree mem Tl:e ,ords "ycu:"'your" "your," and "cardrnember" mear: each individual who appiles for a Card.:-she words "we. "'our' or "us' mean the issuer of the AT&T Universal Card, ; ne word "Account" means the AT&T Universal Card Account for which you were issued a Card imprinted wick your Account Number.The words "Authorized User" mean any person to whom you give perrtussipn to use your Account.The words "Transaction Dart" mean the date the fonds or -services were purchased or the cage :he Cash Advance was made. The vords "Posting Date" mean the dace that the charge was debited anddor credited to your Account. The words "DesiggrratedTeiephone Number' mear the telephone number to which your Diai-I service is billed. which may cr may not be your home telephone number.-he words "Calling Transactions- mean the Calling Card Calls you make with your Card anc all other calls billed to your Account to the extent yOa otherwise agree, if made from or billed to your Designated Telephone Number. 2-Your Responsibility for the Account. You are responsible for all amount, owed on your Account, whether it is used by you or by an Authorized User. and you agree ro pay such amounts according to the terms of this Agreement. If this is a ;oinrAccount, each of you. together and individually, is responsible for all amounts owed, even if theAccourt is used by only one of you. In order w cancel permission of an Authorized User co use your AT&T Universat Card Account. you must notify us in writing and you must return to us. with your written notice, any Card in the possession of the Authorized User.You will continue co be liable for all Purchases and Cash Advances made by an Authorized User, and all other resulting Account fees and charges. until we receive your letter and the Card. if we ask, you must cut zhe Card in half and return it co us-You must sign each Card as soon as you receive it. You will! continue to be liable for the entire balance cif your Account, even if your co-applicant is ordered by a court to pay as. I a court orders your co-applicant to pay all or a portion of your Account balance, you will remain liable to us if your cc-applicant fails to pay as ordered by the court_ and your Account smuts will continue to be reported to the credit bureau under your name. From rime co time you may hear about new products and service, being offered to you and other cardmembers. If you would prefer nor to receive this information either by telephone or mall or both, just iec us know by calling our tall-free Customer Service number: 1 800 42-1-4343. 3. Accepting This Agreement. This Agreement will be effective when you or an Authorized User uses the Card or if you fail to cut your Card in half and return it to us within 30 days after it is issued to you or omen you tail and activate the Card by the Card Activation Number process. How to use your credit line. 4.Your Credit Une. Ycu*may not use your Account in any way char would cause you to go over your credit :ine.VYe may refuse to authorize or accept any transaction on your Account which would cause you co exceed your credit line. st is your obligation riot to exceed the credic fine for your Account If you owe more than your credit line, you agree to pay the excess immediateiy upon our request and we may charge you an overlimit fee, as described in Section. 16 of this Agreement, and/or BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT THIS BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT is dated as of August 26, 2005, between Citibank (South Dakota), National Association, a national banking association organized under the laws of the United States, located at 701 East 60th Street North, Sioux Falls, SD 57117 (the "Bank") and Unifund Portfolio A, LLC, located at 10625 Techwoods Circle, Cincinnati, OH 45242 ("Buyer"). For value received and subject to the terms and conditions of the Purchase and Sale Agreement dated August 26, 2005, between Buyer and the Bank (the "Agreement"), the Bank does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, good and marketable title to the Accounts described in Section 1.2 of the Agreement, free and clear of all encumbrances, equity, lien, pledge, charge, claim, or security interest. This Bill of Sale, Assignment and Assumption Agreement is executed without recourse and without representations or warranties including, without limitation, warranties as to collectibility. Citibank (SouthrHgkota), N.A. By: (5' nature); Name: ` x Title: Unifund Portfolio A, LLC ;k2, By: (Signature) Name: -6 1, Title: M"441/- umiFund Unifund CCR Partners BILL OF SALE Unifund CCR Partners, for value received and in accordance with the terms of the Accounts Receivable Purchase Agreement by and among Unifund CCR Partners and Commonwealth Financial Systems, Inc. ("Purchaser"), dated as of October 26, 2005 (the "Agreement"), does hereby sell, assign, and transfer to Purchaser all of its good and marketable title, free and clean of all liens, claims and encumbrances in and to the Accounts listed in the Account Schedule attached as Appendix A to the Agreement, without recourse and without representation or warranty of collectibility, or otherwise, except to the extent stated in the Agreement. Executed on lw UNIFUND CCR PARTNERS By Credit Card Receivables Fund, Inc. Its General Partner I --- By Davi osenberg President For Unifund Use ONLY 12 Client 4 PID CID # VERIFICATION I, Matt Healey, Legal Assistant of Commonwealth Financial Systems, Inc, Plaintiff herein, do hereby verify that I am the keeper of records of the Plaintiff in the forgoing civil action and that I am fully authorize to make this verification and that the facts set forth in the attached pleading are true and correct to the best of my knowledge, information, and belief. Verifier understands that false statements herein are made subject to the penalties of a 18 Pa. C.S.A. §4904, relating to the unsworn falsification to authorities. Date: --s --S- 12), Matt Healey CFSI File No: c3)`"151 btq(.,P SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor V V0111 :J ,"'1 d dlLdk,`?l s. iz I p, Commonwealth Financial Systems, Inc. Case Number vs. Dhananjay Deshmukh 2012-1517 SHERIFF'S RETURN OF SERVICE 03/24/2012 11:31 AM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on March 24, 2012 at 1131 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Dhananjay Deshmukh, by making known unto Shallyn Lacey, Step Daughter of Defendant at Dhananjay Deshmukh at 628 Erford Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $43.00 March 27, 2012 - DEN IS FRY, DEP SO ANSWERS, RON R ANDERSON, SHERIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff : No. 12 -1517 -Civil Term vs. DHANANJAY DESHMUKH, Defendant : CIVIL ACTION PRAECIPE TO THE CLERK OF SAID COURT: Please enter judgment in favor of Plaintiff Commonwealth Financial Systems, Inc. and against Defendant, Dhananjay Deshmukh in the amount of $133.04 plus costs and interest from March 7, 2014 , for want of filing an Answer. I certify that a 10 -day notice, a copy of which is attached hereto, was served on Defendant via first class mail on October 17, 2014. R. Mege, Esq. Attorney ID No. 88 Attorney for aintiff P.O. Box 1426 Bethlehem, PA 18016 (610) 954-5.93 a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Commonwealth Financial Systems, Inc. Plaintiff VS. NO. 12 -1517 -CIVIL TERM Dhananjay Deshmukh Defendant AFFIDAVIT OF NON-MILITARY SERVICE The undersigned, being duly sworn, according to law, deposes and says that the Defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; That Dhananjay Deshmukh is over 18 years of age, resides at 628 Erford Rd. Camp Hill, PA 17011 and is employed That Defendant is years of age, resides at and is employed That Defendant is years of age, resides at and is employed That Defendant . is years of age, resides at and is employed I, Alan R. Mege, Esquire, do hereby verify that I am the attorney for Plaintiff, that am fully authorized to make this Verification on their behalf, that the Defendants are unavailable to make this verification, that the facts contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief, and the source of my information are interviews with my client and the Plaintiff's filed documents. The verifier understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Signed: — Dated:lI 1 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. vs. DHANANJAY DESHMUKH, Defendant Plaintiff : No. 12 -1517 -Civil Term : CIVIL ACTION TEN DAY NOTICE TO: Dhananjay Deshmukh, 628 Erford Rd. Camp Hill, PA 17011 DATE OF NOTIiE: October 17, 2014 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRI ITEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE (717) 249-3166 Alan R. Mege sq. Attorney ID o. 81288 Attorney for Plaintiff Law Offices of Alan R. Mage, Esq. P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 4 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff : No. 12 -1517 -Civil Term vs. DHANANJAY DESHMUKH, Defendant ( : CIVIL ACTION ) Notice is hereby given that a Judgment in the above captioned matter has been entered against you in the amount of $133.04 plus costs and interest from March 7, 2014 on —1 ,2014. ) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. By: If you have questions regarding this Notice, please contact the filing party. NAME: Alan R. Mege, Esq. ADDRESS: P.O. Box 1426 Bethlehem, PA 18016 TELEPHONE NO. 610-954-5393 (This Notice is given in accordance with Pa.R.C.P.§236.)