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HomeMy WebLinkAbout05-1018 Richard M. Bassett Jr.. Esq..ID # 88646 Warren and Vullings, LLP 800 Cottman Avenue, Ste. 6 Philadelphia, P A 19111 215-745-9800 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION COMMONWEALTH FINANCIAL SYSTEMS, INC. as assignee of CITIBANK 120 North Keyser Avenue Scranton, P A 18504 No. OS - /DIP c ;u~ tr'iYUJ v. DAVID 1. BOSHART 116 West Main St., Apt.6 Mechanicsburg, PA 17055 CIVIL ACTION COMPLAINT CONTRACT MA TIER NOTICE YOlt have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served by entering a written appearance personally or be attorney and tiling in writing with the court your de- efcl1ses or objections to the claims set forth against you. You warned that if you fall to do so the case may proceed without you and ajudgment may be entered against YOll by the court without further notice fOf any money claimed in dlC complaint or for any \.)ther claim or relief requested by the plaintiff YOll may lose money or property or other rigl1ts important to you YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CAN NOT AFFORD ONE GOT TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Le han demandado a usted ell la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siquientes, usted tien veinte (20) dias de plaza al patir de ]a techa de la demada y la notificacion. Haec falta asentar lIna comparencia escrita 0 en persona 0 con un abogado y enteregar a la corte en forma escriti sus defenses 0 sus objecl~ ones alas demandas en contra de su personal. See avisado que si usted no se defiencde, la corte tomara medidas y puedc continUal la demanda en contra suya sin previo aviso 0 notilicat cacion. Ademas, 1a corte y pueda decidir a favor de] deman dante y requiere que usted cumpla con todas las provisiones de esta demands. Usted puede perder dinero 0 SllS propiedades u atros derechos importantcs para usted. LLEVE EST A DEMANDA A UN ABORGADO IMMEDIAT A MENTE. Sl NO TIENE ABOGADO 0 SI NO T1ENE EL DIN PERSONA 0 LLMlE POR TELEFONO A LA OFlClNA CUY A D1RECCION SE ENCUENTRA ESCRlT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGIJIR ASISTENCIA LEGAL Court Administrator's Office Cumberland County Courthouse I Courthouse Square, 3R Carlisle, PA 17013 717-240-6200 Richard M. Bassett Ir.. Esq.,ID # 88646 Warren and Vullings, LLP 800 Cottman Avenue, Ste. 6 Philadelphia, PA 19111 215-745-9800 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH FINANCIAL SYSTEMS, INC. as assignee of CITIBANK 120 North Keyser Avenue Scranton, PA 18504 No. v. DAVID L. BOSHART 116 West Main St., Apt.6 Mechanicsburg, PA 17055 CIVIL ACTION COMPLAINT CONTRACT MA ITER 1. The Plaintiff, Commonwealth Financial Systems, Inc. is a Pennsylvania Corporation with it headquarters at 120 North Keyser Street, City of Scranton, and Commonwealth of Pennsylvania. 2. The Defendant, David L. Boshart, is an adult individual residing at 1 16 West Main St., Apt. 6, City of Mechanicsburg, County of Cumberland, and Commonwealth of Pennsylvania. 3. At all times relevant herein, the Plaintiff was engaged in the business of debt purchase and collection. 4. On or about November 5, 2002 the Plaintiff was assigned all rights to certain credit card accounts from Citibank, including the account opened by Defendant. (See copy of assignment attached hereto as Exhibit "A".) 5. On or about March 1, 1978 the defendant opened the account and used the credit card account from Citibank. See copy of card holder agreement attached as Exhi bi t B. 6. The Defendants used the accounts for the intended purpose, and made purchases with the card. 7. The Defendant has failed and refused to make payment on the accounts. 8. The Defendants last payment was made on April 12, 2001. 9. The balance at the time of the last payment on accounts was $19,801.94. 10. Pursuant to the account agreement, any unpaid balance accrues interest at the rate of J7. 9%, however, Plaintiff seeks interest only at the legal rate of 6%. 11. Interest from the date of last payment equals $2,574.25. 12. The total amount due and owing Plaintiff is $22,376.19. WHEREFORE, Plaintiff requests judgment in the amount of $22,3 76.19 plus costs of suit. Respectfully submitted: By~db>,~ Richard M. Bassett Jr., Esq.. . SUBSTITUTED VERIFICATION I, Richard M. Bassett Jr., Esq. attorney ofthe Plaintift~ Commonwealth Financial Systems, Inc., am fully familiar with facts of the above case and have been duly authorized to execute this verification on behalf of Plaintiff. I verify that the allegations contained are true and correct to the best of my knowledge, knowing that any false statements are punishable by law pursuant to 18 Pa.C.S.A. 4904. uniFund Unifund CCR. Partners BIll OF SALE Unifunc! CCR. Partners, for value received and in accordance with the terms of the Accounts Receivable Purchase Agreement by and among unifund cx::R Parmers and Commonwealth Fimncial Systems ("Purchaser~), dated as of October 14, 2003 (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: 11ocr-w~ . UNIFUND a:RPARTNERS ~~-~~ By David Rosenberg CEO/Cbairman For Unifund Use ONLY 13 Client It prD CrD It .., """"'"""'~"~ Vf\I\ l/ef'bo1 ~" Cardmember Agreement This Agreement and the caro c?'n'W.r -are your Cardmember Agreement. The card carrier contains important account Information, including the annual percentage rate and the amount of any membership fee. Please read and k'!ep the t:a.rd carrier ll1d this ~reement for your records. This Agreement is binding on you unless you can. cel your account within 30 days after receiving the Card and you have not used or authorized use of your account To sirnpliCy the reSt of this A~ement for you, the following definitions will apply. The words you, your, and yours mean the person(s) responsible for this ;\:reement, to whom we direct the billing statement. The. word card me:ans one or more urds which 'tie have isslJed with your account number. The words we, us, and our mean Universai Bank, N.A., a Citibank affiliate and a member of the Citigroup famUy of companies. The words authorized user mean any person to whom you give permis. sion to use your account. The words cOllvenience checks and balance lIans(u dlecks mean one or more checks that we may provide to access your account. The words designated telephone numbtr mean the telephone number to which your Dial-I service is billed, which mayor may not be your home telephone number. The words caNing transactions mean the calling card calls you make with your card and AT8Cf services you requested to have billed In detail on your billing statement. Call1ng triU'lsactions also include AT&T WorldNet Services which you requested be combine billed on your blll"ing statement rather than charged as a purchase 0(1 your account. The words AT&T .seryices include, but are not limited to, the following: AT&T Residential Long Distance, AT&T Local, and AT&T Wireless Ser(ices. Using Your Account and Your Credit Une: The card must be signed to be used, Your initial credit line appears 00 the card car- rier containing the card. A portion of your credit Une. called d1e cash arf..tance limit, is available for cash advances. At our discretion and at any time, we may change your credit line or cash advance limit. . We will notify you if we do. either by mail or through a billing statement sent either before or after the change takes effect. You may request a change to your credit line or ash advance limit by contacting CUstomer Service by telephone or mall. You can use your a.tcount and your t.afd for personal, family or nousehold purpos~s only. The full amount of your credit ,Une is a'l'ailable to buy or lease goods or ser. vices wherever the card is honored and to fll:ake calling trVIsactions, Your cash advance limit is available for Cash through any bank or automa.ted teller machine that accepts the card or by using convenience checks~ The tObl amount charged on your account, indudlng.purchases, balance transfers, cash advances, flnance charges, fees, or other charges, plus your calling transac.tions, must always remain below ftfur cred. It line. However, if that to~ amount exceeds you.r credit. line you must still pay us. (f this is a joint account, e-ac.n of yr:t'J. together .nd indivirlualty, is responsible for all amounts owed, even If the account is used by only one of you. You will continue to be liable {or the entire balanc.e of your account. flven if your cO~'Oppticant is ordered by a court to pay us, If a court orders your co-applicant to pay aU or a portion of your account balance. you will remain liable to us. if your co~ap?licant fails to pi-y as ordered by the court, and your account status will continue to be reported to the credit bureau under your name. " ~'~''''"''':''~'--''~'':~'~':'~'~:-+':-''-~'--''''''''''''?';'''''';-''-''-";' '-, '.",~",,- -:';. "';: c.., "......'"...:.-,.. uC'..s , I ~. ,'., ' , , -; , 'J ,'. >' . ."-"""--..""....".""',....~.,....". _../,..-:~'.",., Calling Transactions: You ,~!', use. your card to make local. AT&1" Long Distance and AT&T International Calls {calling card ails}, The dialing instructions are on the back. of the card. Calling transactions are separately identified In the "Call Details" section of your monthly st:),tement An aUll'lg transactioos are Que and payable in full by the payment due date on the monthly statement in which tney are billed. Refer to the AT&T Calling Card Terms and Conditions section of thh Agreement for more information. For additional information about AT&T s.eN<<:es. pl~ase refer to any materiah you have received from AT&T Corp. Additional Cards: You may request additional cards on your account for" younetf or othe~ md you may permit another person to have access to the card or account !\Umber. However, jf you do, you must pay us for all ,har~s made by those p.ertons. induding charges for which you may not have intended to be responsible. You mus.t notify us to revoke permission for any person you previously authorized to use your account. If you tell us to revoke another person's use of your account. we may dose the account and issue a new card or cards with a different account number. You are responsible for the use of each card issued on your account according to the cerms of this Agreement. Membership Fee: The card carrier containing the card Indicates 'Hhether your account is subject to a membership fee. If it ts.. the fee is ad~1:l to the purchase balance and is non-refund- able unless you notift us to cancel 'tour lccOUnt within 30 days from the mailing date of the billing statement on which the fee is billed. Billing: . Your billing ~temenc shows the ba1~nce, any finance charges, f-e.es, the minimum payment, and the payment due dat!. it also shows your current credit line. wd cash advance limit; :an Icemized list of current charges, convenience checks, payment! c.nd credits; a summary showing separately the new purchases and new cash advances, finance charges assessed, and other important information, If you default under this. Agreement, we may, in our sofe discretion. ~op sending you billing statements if we deem your account unconectlble or if we institute delinquency collection proceedings tJj sending It to an outside collection agency or attomer for coflectio~. You must notify us .of a change in your addr:ess by r:.ol\ucting CustOmer Service by celephone or mail We will 'l'ail or deliver the blUing statem~n1; to only one mailing address. - How We Determine the Balance: The tocal outstanding balance (che amount you owe us) appears as the "New Balance" on the bnling su.tement To determine the New Balance. we begin with the. OUtstanding balance on your accou.nt at the beginning of each biUing period. called the "PTe\'ious Balance" on the bimng statement. We add any purchases, cash advances. and new Ql\ing transactions. and subtract aity payments and credits thilit we receive. W-e then add the appropriate finance charges and fees and make other applicable a>Jlu~nu. 2 . .'_"'" _~_~'"': .._'~ .:...-:-.__ "'._,",:,','_'" ,.._~ ....."~~. .:..w "'~_"'~"':'i;-""-:"'._":-:'":-'~;'~~~"'ic:"""-": ."'"; ..;: \)Q..S ."J ...- - .,>..".....:"..",...." .. Annual Percentage Rate (or Purchase" Your annual percenugi!. IDt!: fer purchases and the corresponding daily periodic rate appear on the card carriel". A da.ily periodic rate is the applicable i/lnu3.1 percentage rate divided by 365. WMmt.r or not the -annual percentage r.I..te for purchases is based on the U.S. Prime Rate p.lus a. mwg\n is indicated on the card carrier. Please see the section entitled "Vutlble Annual Percentage Rates for Purdtases and Cash Advances" for details relating to how this rlte may thange. Annual Percentage Rote (or Cash Advance" Your ANNUAL PERCENTAGE RATE for cash advan,,,, is 19,99%, wh'ch corresponds to a daily periodic rate of 0,0548%, The daily periodic nee is the ash advance annual percentage rate divided by 365. Please see the section e.ntitled Variable Annual Percentage ;utes for Purchases and Cash Advances for detalts re\at~ iog to how this n.te may change if you def3.ult under any Cardmember Agreement. Variable AnnualPercentage Rates (or Purchases and Cosh Advances: If the annual perce.Mlg~ nee fer purchases Is based on the U.S. Prime Race plus a margin, we will calculate the nte by adding the margin that appears on the card carrier to the U.s. Prime Rate. published in The Wall Street journal on the last business day of each month. If more. thi.n one U.S. Prime R.ate is published, we may choose the highest rate. If The Wall Street Joumo! CWe1 publication or to pubnsh the U.S. Piime Rate. we may use the Us. Prime Ra~ publ~hed in arry other newspaper of general circulation, or we may substitute 1. sirollar ~ference rat.! at our sole discre- tion. Each time the annual percentage rate cltanges. ~ will apply it to any existing balances. subject to any promotional rate .that ~~y ..pply. In additIon, thoa aMU'il\ ptrcenuge rate for purchases and c:uh adwnces may vary if . you default under any C-an:lmember Agreement because you f2.i1 to make a payment to us or any othe.r cre1:lilor when due, you exceed your credit line, or you make i. payment to us that Is not honored by your bank. In such circumstances. we may in"'". the ANNUAL PERCENTAGE RATE (including any promotiO!1~ "'te) on all balllnces to a higher rate of up to 23.99%. Factors consJdered in determining this higher rate may include the tength of time the account has been open, the exls~ tence. seriousness. and timing of Cardmernber Agreement defaults, and other indica. tions of account usage. and pe.rformanc.e. Your .ttount may again become eligible for a lower annual percentage rate on new purtr.-ases, new ruh advances, or both after you h.a~e met the terms of all Cardmember Agreemenu for six months. )'our exist- Ing balances will remain subject to the higher rate until the)' afe paid in fun. . Any increase or decrease in a vari1ble annual percentage rate takes effect on the first dllY of the billing period directly following t~e month in which we aJcuJate WI'! rate. The ann'Jal perc.ent4ge rate in effect alld any subsequent changes to it waf appear on the bHling su.tement. An increase in the virlabJe annual percentage rite means you will p.ay a higher f~na~~e .durge ..no perhaps .. hIgher minimum pa}'l!le1lt. Promotional Rote Offers: ','" At our dIscretion, we may offer you a. promotional annual percentage rate for all or a part of the purchase and/or cash advance balances. The period of time for which the promotional ('ite applies may be limited. Any promotional rate. the corresponding periodic rates, and the period of time during wl\lch it is in effect wi!! appear on the card carrier. We may also offer you a promotional. annual perce~ugt rate to 3 - ~-~_.. --"'.. - ~, . - '." . I t I .... - -......_~,- ..-,...._~" ... ,,- .".-."..... ...._.._.-...._~. .... .........-" '<c'''''',';,,,- . "._,' J:..""~"~_,.,."".~""""'..-" '~.' ."".';l';:':""~~._~~;~'''-';''-':''''<~''''''''Z'''''''''': ...~.,__,r~_~,,'-_ "-."",-::-",,,.,:,-.,", .,.:^."'~t' ,- .",",'--~ '...,...,.~~-... ., 'Vc..::, .... : ~::', :~:''7'.'.:;;;, " '." ;'.) ~..., ~ encourage specific tr':ansilctlons, such as tnnsfa"ring baliloces from accounts you ha...e with other creditors. Any promotional rate offer will be subject to the terms of the offer and thIs Agreement Transaction Fee for Bolonce Transfers: ror each balance you transfer from any creditor by meal'\$ other then 'a convenience check, we add an additional FINANCE CHARGE of 3.0% of th< amount of the balilnce cnnsfe'r, but not less than $10 or more than $2.9. This ft.e will be -added to the purchase billaoce, The balance transfer fee milY cause the annual percennge rate on the billing mtement on which the balance transfer first appe.ilr~ to ucr-ed tM nominal annual percenr.age rate. Finance Charges: Finance c.harges will begin [Q accrue from the'date of che tratlsacOon for purchases and continue to accrue until payment in full is credited to your aCcount However, lryou paid the tot'1l New Balance listed on the last billing statement by the payment due date Oc\ thi.t staument, you will have until the payment due date on your cur~ rent sr:atement to pay your toul New Balance to avoid imposition of finaoce charges on purchases. For o:;ash idv4l)te~ and balance uansfers, finance charges will begin to accrue from the dite of the transaction and continue to accrue until payment in full is credited to your account No finance charge is imposed on calling triIIlsactlofiS in the billing period in whkh they~re posted to your account. Any ailing transaction that is not paid by the paymer\t due <late on the monthly statement in which it Is billed is a.dded to your daily balance for purth4S~ on the first day of the next billing period and finance charges will begin to accrue on that doly. We. will cikuldte flnance charges as follows: We fi~re :it portion of the finance charge on your account by muttiplying the daily balance for purchases (which includes balances you transfer from any crecl\~ tor by means other than a convenience check) and the daiiy baJ3f'lce for t~r. adVdTlces by the applicable daily periodic nte and adding together any such finance charges for purchases and separately adding together any such ftnance c.harga for cash advances for each day in the billi~g period. For finance chilrge calculation. purposes. thE bUling period begins 0\'\ th't day after the closing date of the previous billing period and includes the <:losing date of the current blllJng period. The number of days In ~~ billing period may '1ary. To calculate the daUy balances.. we cake the begmnlng balante for purcnases (which includes any unpaid calling tnnsacdons. (rom prior billing periOQs) and the beginning balance for cash advances each day, add any M,W tranuttlons (not Including new calling transactions), fees, any finance (halle on the previous day:! balance, subtract any payments or credits, and make other ~diustmtrl'tS. Unless we elect to use a 13ter date, we add a new purchase to the purchue b'alance as of the date of the purchase iIfld a new ash advance to the casn adl(iflce baJanc.e on the date of the advance. A credit balance is treated as a balance of lere. The balances subject [0 finance charge for purcl\ilses and fer run 'advances on the billing statement are each the average of the respective dally balances during the billing period. If you mulciply these figures by the number 'Of days In the billing period and by the appHcable daily periodic rates.. the results wm be the finance charges assessed, except for minor variations caused by rounding, 4 . ~.~....,.,....~. :~--~.....;,:":":'."';:- .'"='>;-"~""''!"':~~~:S'7!~~~~'-,~;''~''''''''-':''''''''--~:''''--'''~ .' ~,."""_^".;".",-........,.,,-,,. ~."'."C;, ,.,~._-...,..,~,...,.,L'._"" .._ ~W ,<. ~~. ~-"' ... \J c.. S . _/.: I' ....., . ~ .'.~.': " . .'. ~. ,~:" .;1 .w' If the balance for purchases or for cash advances is sublect to more. than one rate (for example, because 01 purchases or cash advances made during a promo~ tional rate offer). we will separately calculate each balance subject to each differ- ent finance charge and the resulting finance charge in the same manner :as described above. Cash Advances and Transactlan Fee: You have obtained a cash advance If you obtain funds from an automated teller machine (A TM); through a convenience check. through home banking. or through a flnanc.ial institution: make a wire transfer; acquire a money order. tr.lveler's check, lottery ticket. betting or casino chip, or similar item; or engage in another similar transaction. For each cash advance, we add an addltlonal FINANCE CHARGE of 3.0% of the advance, but not less than $10. This fee will be added to the cish advance balance. (The amount of the cash advance may include a surcharge that the ATM owner imposes.) The cash advance transaction fee may cause the annual per- centage rate on the billing statement on which the cash advance first appears to exceed the nominal annual percentage rate. Minimum Finance Charge: If finance charges based on periodic rates are being added to your account, but the total of such finance dlarges for purchases and cash advances is less than $.50, we """ a minimum FINANCE CHARGE, based on periodic !':l'es, of $.50. We add the amount to the purchase balance. unless the finance charge applicable to the pur- chase balance Is zero, in which case we add the amount'to the cash advance balance. Credit Balance: You may not maintain a credit balance on your account in excess of your assigned credit line. We will return to you any credit amount over $1.00 if the amount has been on your account longer than three months. You may requeSt a refund of a credit balance at any time. ,We may reduce the amount of any credit balance by the amount of new charges billed to your account. Transactions Made in Foreign Currencies: If a transaction is made in a foreign currency, we and Visa International or MasterCard Intemational, depending on which card is used, will conYert the transac- tion into a U.S. dollar amount Visa and MasterCard will act in accordance with their operating regulations or conversIon procedures in effect at the time the traIlS- action Is processed. Currently," their regulations and procedures provide that the currency conversion rate they use is either (I) a wholesale market rate or (1) a gov- ernment-mandated rate in effea one da.y prior to the processing date. Both Visa and MasterCard increase this conversion rate by one percent and keep this incre:a.se. We Increase the conversion rate provided to us by Visa or MasterCard by two per- cent and kup this increase. The currency conversion rate calculated in this manner that is in effect on the processing date may differ from the rate in effea: on the transaction date or the posting date. Minimum Amount Due: Each month you must pay a minimum amount that is the tool of three figures. The first is any previous amount that is past due plus any amount in excess of your credit line. The second is the sum of all calling w'sactions posted to your account in the 5 , \j \?.. ::;: -~,.~~' .....~..7"'7 ~.;',-.';....:~.....:.-:-.~:~';::-.:"""'-~';"':::.,~.;~~.:' "':o;...~,-:-.;.-~......, .''.: ......c~':;':---...-;'~f>..-:-..-f'~~-' ~ . .. , ',"'. '. .~ '.~"~"""~~'.'.. ". '.O"~~.'".'-' ~".. ." ~,.<~, '.'''',.~,,,,,. ",,,,,,,,-,,,,~'-:-"'--,' '.""""'",,,,,.,,..,,~.._,.,,,"'.":-""-' billing period. The third is the greater of the amount of YOUf billed financ.e marges or one of the following: The New BalaJ'Ice on the billing statement if it Is less than $20, Of $20, if the New B..linc.e is at \eOlSt $20 and not greater than $960, or If the New Balance exceeds $960. 1/4B of the New Balance (rounded down to tho n.....st doll.,.), You must pay at least the minimum amount by the payment due date. but you may pay more at any time without a penalty. We wilt allocate payments to amounts owed on your account at our discretion. This includes, but is not Umited to, applylng payments to promotionall>alances, such as balances you transfer from ,re.di~ tors, before we apply such payments to your purchase or cash advance. balances. If you pay more than the minimum, we will allocate the excess ;unount to the purchase .or cash advance balance at our discretion. The sooner you pay the New Balance, the less you will pay in finance charges. We may also allow you to skip a: payment. If we do, we will notify you. If you choose to skip a payment when offered. we will c.ontinue to assess finance charges. Payments: lnStNctiOO$ for making piiyTIlentsa:re on your billlng statement. Do not send cash payments. We can accept late or partial payments, as well as payments that reflect "p:a.id lrt full" or other mtrictNe endorsements, without losing any of our rights under this Agreeme.nt. There may be .. delay of up to flve days in crediting a payment If it is received at an ?ddress other than the address provided on the billing statement or if the payment Is not made In accordance with any cf our other instruc- tions. You agree to pay U1ln U.S. dotlaf"5 drawn 00 funds on deposit in me United States using a payment check. sfmilar instrument. or autOmatic debit that wJ1l be processed and honored by your bank. We reSeNt the right to ,accept . payments made in foreigJ currency. If we do. Wt wm select the currency conversion rate at our discretion. .. Over-the-Credit-lfne Fee: w. will add a $29 Ie< '0 the purchase balaJ\ce for oach biUing p.riod that the Ne'. Balance exceeds your credit line. > Late Fee, We wm add a $29 fee to the purchas. balaJ\co for each billing period you fa,l to make the minimum payment by its due dite. Returned Payment Fee: We will add a $29 fee to the purchase barance when a payment ,heck or similar instrument is not honored, when we must return it because it cannot be processed. or when an 3utomatic debit is retu~ed unpaid. At our option, we will assess this fe! the first time your check or payment is not honored. even if it Is honored upon f'asubmisslon. Convenience Checks: Corwenience checks m1tf be used to purc.hase goods and services or to obtlin cash up to the amOll{\t of your available cash advance llmit unless that amount will ca.us~ the balanc.e to exc.~ your credit fine. We will treat convenience checks as a cash 6 : ~ . _. '.~.., ','. '. .....v. '...... '. ".,' ,.-.-......,\._~. ~.. '..... "~.,,.....,~.~, ~_....... ".,. <. ".0 d"'_"_"."'-"'~''',"'.:C ..- -:'~,,_= ,-.~:-",.;rc'~__ .., "',',' :-"~.:',~.-' ,. : ".:: ~:,.,.,..,,,.'~'.~-_".. 'r,'~.".", :-..... . .,.~,-.,,~:_' c"'.,,,....,:.:>""''' \)(",S - ".CC-"''''".''''<C.''''Oc-._', U~S advance and charge them against your cash advance limit. Each convenience check must be in the form we have issued -and must be used according to any instruc. tions we give you. Convenience checks' may be used only by the person whose name is printed on t1em. Convenience checks may not be used to pay any amount owed to us under this or any other Cardmember Agreement We will not certify any convenience checks. nor will we retum paid convenience checks. Returned Convenience Check Fee: We will add a $29 fee to the cash advance balance if we decline to honor a conve- nience check. We may decline to honor such checks if, for example, the amount of the check would cause the balance to exceed your cash advance limit or credit line, jf you default, if you did not comply with OUf instructIons regarding the check, if your octaunt has been dosed, or if the card has expired. Stop Payment Fee: We will add a $29 fee to the cash advance balance when paymem of a conve8 olence check is stopped at your request. You may stop payment on convenience checks which we issue to you on or after May 4, 2000, by notifting us in writing at P.O. !lox 6500, Sioux Falls, South Dakota 57/17, or by calling us at the telephone number listed on the billing statement. You may not stOp payment on a check which we issue to you prior to May 4, 2000 unless. you call us prior to May 4, 2000. If you call, you must confirm the call in writing within 14 days, A written stOp payment order will remain in effect for six months unless renewed In writing. Once a charge is made through the use of the card or account number we cannot "Stop payment" on the charge. If there Is a dispute involving a charge on your account, please refer to the section entitled 'What To Do If There's An Error In Your Bill". ".','" Lort or Stolen Cards; Account N~;"!;e~, or Convenience and Bolance Transfer Checks: If any card, account 'number or check is lost or stolen or if you think someone used or may use them without your permission, 'notify us at once by calling the telephone number shOwn on the billing statement or 1-800-423-4343. We may require you to provide certain information if) writing to help us find out wh..t hap.- pened, and to comply with such procedures as we may re<juire in connection with ourinve5tigation. Don't use the card, account number, or any checks after we've been notified, even if they are found or returned. You may be liable for unautho- rized use of the account. but noe for more than $50. You won't be liable for unauthorized purchases. cash advances or calling card calls made after we've been notified of the loss or the theft; however, you must identift for us the charges on the billing statement that were not made by you, or someone authorized by you, and from which you rec.eived no benefit. Dr Default: ; .... You default under this Agreement jf you fail to pay the minimum payment listed on eacn billing statement when due, hil to make a p'ayment to any other creditor when due, file for bankruptcy; exceed your credit 'Une, pay' by i'check or similar Instrument that is not honored or that we must return because it cannot be processed, pay by automatic debit that is returned unpaid, or default on any other Cardmember Agreement. If you default. we may close your account and demand immediate payment of the full balance. 7 CPo-77501 ....~-... --'~~'~-.-;: ,-. -:......-. ~'-., -"','" '~',.-"':" -7":~~ :,~.,~;~t..:-:.8,,,\ "7" '''''''' 7.""~'~";: . ",.'"",<""'_,,,,,.,.,~""-~-:.",,, ,."-''';.,.,."....;',''~ -"..'___ W~X'.'.'U. _ __ ... .........--..--... Preauthor;zed Charges: If you default. if the card is lost or stolen, or we change your .ccount or account number for "Gn1 reason, we may suspend automatic charges on chat aCCOUrlt to third-party '1endon fer insur.mce premiums or other goods or servIces. If preauthoMze.d dl'<U'ges are su.speflded, you must CeOuct the third-party vendor to reinstate them. Yau 3re responsible for making direct payment for such charges until you reinstate automatic charges. Collection Carts: If we refer collection af your accOI.lnt to -ala-wyer who is not our salaried employee, you will be liable for my r~:ison"ble attorney's fees we incur, plus the COSts and e)(penses of any le.gal action, to the extent permitted by law. Customer Privacy: We will safeguard, according to stria standards of sec.urity and cotlfidentlaJity. any jnformation you share with us. We will limit the collection and use of any such information to the minimum we require in order to. deli'l~r you superior serv1ce, which indu'des advising you about our produc.ts, servic.es, and other opportunities, and to. administer our business. We will permit only authorized employees, who are trained In the proper handling of customer info.rmation, to na'fl!: access to. your information. Whenever we hire other organizations to pro'lide suppart ser. vices, we will require them to. conform to. our privaq standards 6lYd to. allow us to. audit them for compliance. We will arwa'rs maintain control over the confidentiality af your information. We will, however, fa.d/itate relevant marketing dS'rd promotional offen; from reputable co.mpanies that meet your needs. These eompanies aie not permitted to reuin a.ny of your information unless you have specifically 'txpressed interest' in their productS o.r services. l( you do not want to receive these affers, write o.r caU us at the address o.r telephane number listed an the billing st3tement Be sure to. include your name, address, and account number. Wt will remind you at least on~e each year of yaur right to be exduded from these offers. We may report your ?tnonnanct under thIs Agreement to credit reparting agencies, Including your failure to make minimum payments an time. If you request additional c.ards 01\ your :l,c(aUl'lt for others, yau understand that we may repart account infarmation in ~our name as well as 1n the names of those ather people. We may also obeain {ollo.w..up credIt repartS on you ((or example, when we review your accaunt for i credit line increase). 1f you wish to know the names of the agencies we have. contKtecl, write us at the address listed on the biUing statement We will try to notify you by telephane or by mail af any legai process served an us In order to. give you an opportunity to object to it. unless the law prohibits the noeice. Except as set forth in this Agreement and except for reportS to credit reporting agencies, information we are permitted to. share with our !lffiliates, and informa. tion we share in cOflnection with collection af your acco~nt. no one else will be given information about your account without your knowledge, authorizatian o.r proper legal aumarity. . 8 ',~:'-'''' .-'~ ...,. ~.~ ...-. ..~. I:. .:.," . "=-',,;,.""~~;"''''~,",,;:'I'~~'' . . . ';, ....,~._-'--~..~...:'""' .- :'''~'.,,",';"~'~~'. .,,..., ,.~. ''''''''''''''~.-''''..,." ....-.-- . - -. ,.~",-"--"",'-'''',,-'-'--'''''.- '<;~":' 0(,,~ 'j i.' )", ..., Sharing Cu'tomer Information Among Our Affiliates: To alert you to ~ecial offers and provide you with products .and sel"'/ices that are tai~ Jcred specifically to you, our affiliates share Information about you on a confidential basis. Our affiH-ates are permitte.d by law to share any lnformation about their tl"2lOuctions or experiences with you. Other infonnatlon you pro.vide to us or chat we obtai:"! from third parties (for example, credit bureaus) wi!! not be shared jf you. notify us that you de not want such information shared among Ollr affillates. "'( ou may notify \n in wrTting of your instruCtion at any time. Piease send your name and address (as it appears 0/1 your account statement), along with your acrounc type, account number ~d Sodal Security number to embank PrO(;f!:ssing Center at eN J 178, Mail Soop UCS, South Hackel1",ck, NJ 07606. We ask th.. you mail your instruction In a scamped envelope that does not include any other correspondence.. If you have already told us that you ao not want such other information 1l1ared, your instruction remains in effect. You do not need to notify us again. , If you are also a customer of other Citigroup c.ompanies (such :u Commertial Credit, TI4'feleN Property Casualty, Travelers Life & Annuity, Salomon Smith Barney and Prim~ric. nnandal Service.s.)-and )lou receive a notice of their intent to share certain information about you with eMir affiliates. you will need to separately notify them if you do not mnt such information snCired. Telephone Monitoring and Recording: From tIme to time m may monitor and record your telephone calls regarding your account with IJS to mure the quality of O\Jr service. Correcting Your Credit Report: If you think we reported erroneous information to a credit reporting -agency, write us at the address listed on th~ billing statement. We will promptly investigate the mat~ ter and if our investigation show:s you are right, we will ~ontact each creuit reporting agef\cy to whom we reported ~rl will request they correct the report. If we dls~ agree with you after our Investigation, we willteR you in writing or by tele.phone 3JJd instruct you how to submit a su.tement of your position to those agencies. Your statement will become a part of your credIt record with memo Closing Your Account: You ma.y dose your :lccount at.any tim~ by notlfying us. in writing. However, you remain responsible to pay the balanl:e ll:tording'to the. terms of thiS' Agreement. We may dose. your lccoum or suspend your .c,ount pmileges, at any time for any reason without prior f\Oth:.e. We may also reissue a different card, ~c.ount number, or dif~ ferem checks at any time. You 'must return the card 'or the checks to US upon request. If chis is a jolJ'\t account.. either of you may reC!uest that tht account be dosed and we wi!! honor that l'eQ;uert withOUt us having any liability to either of you. Refu,al af the Card: We are not responsible if a transaction on your account is: not approved, eimer by us or by a third party. even if you have suffident credit available, We may limit the num- ber of transactions which may ~ -approved in one day. If we detect unusual or suspi~ daus activity on your account. we may temporarily suspend your credit privil~gi!;s - ;t 9 .' ":~'::~'~~'''':\0~7{7~:\'';J??~~;r~t:~~~\~~7~~?'\~~X'7~', . ... -',~-'- .,".< " ,:-.:_._~,.-, 0~':J , , ,-'~'. -".--,,:' ;; until we can verify the activity. Wi! may approve transactions which tause the bal. ance to exceed your credit line without waiving any of our rights under this Agreement. Changing this Agre.!'ment: We can change this Agreement, including all fees and the :mnuaJ percent3ge rate, at any time. However, if the change will cause a fee, rate or minimum payment to increase, we will mail you written nctice at least 15 days befoN! the beginning of the billing period in which the change becomes effective. If you do not agree to the change, you must nOtify us in writing within 15 days after the effective date of the change and pay us the balance, either at once or under the terms of the unchanged Agreement. Otherwise. the change in the notice is binding on you. Unless we notj. fy you otherwise, use of the card after the effective date of the change shall be deemed icce.ptance of the new terms, even if the 2S days have not expired. Enforcing this Agreement: We can delay in enfQrdng or fail to enforce any of our rights under this Agreement without losing them. Assignment: We reserve the right to assign any or all of cur rights and obligaciOf1!i under chis Agreement to a third party. A T&T Calling Transactions Terms and Canditions: In tltese AT&T Calling Card Terms and Conditions, the renn A T&I' c.Jling Card refers to the Calling Card function of your card. The words "you," "yourll and "yours" mean each indjyjdua/ who applies for the card account. You agree to pay for all chargts incurred with the AT&T Calling Card and to comply with the ocher terms set forth herein. The. AT&T Calling Card is not cransferable. You may au~orile others to use the AT&T Caillng Card, but the responsibility of payment (or the charges incurred will remain yours. Charges for AT&T telecommunications services will be rated and charged In United States dollars in accordance with AT8J"'s effective tariffs. AT&T taoff rates for AT&T Calling Card <:ails may include a ",,,ice charge. whkh will vary depending upon where and how you call.. The service charge as of October 1999 fora stt".co.state Am Calling Card using I 800 CAlL AIT Is 99 tents for a nolt-Operator.assisted call and $2.95 for an operator~assisted call. The ser~ vice charge as of October J 999 for an In.state AT&T Calling Card using I 800 CALL A TT ranges from 35 cents to 99 cents for a non-operator assisted call and from 80 cents to $3.45 for an oper.ltor~assjtted call. Theze service charges ft'Ity vary if you have an A TBd optional calling plan or use other dianng methods, for exampi~ 0 or 10.1 O-A IT, \0 place an AT&T Cailing Card tail. All rate, are sub- ject to change. erective March 1999, AT&T win add a 30 cents per call surcharge to caIling card calls originated from pay phones. This surcharge recovers a P1Y phone usage fee imposed upon AT&T to compensate pay phone ownen for wi;ng their equipment ThIs fee is subject to change. 10 /. \..)(~'J ..... ~. . \~~~~'':'''~,'''''''''''\'-:- ....'t:O;O., . ~,: ,', , -:!q) J'-~~;::,;r~~-;"J':::":":'""-~~"'-"" .... :1. ":;'. , ,'.t. . .', ,~..,,",,. . II \.)G '/ In the event the AT&T Calling Card may be used for AT&T Services !'lot cov~ ered by tariff, AT&T wiH attempt to provide such non-tariffed teNices as described in lu marketing materials, but AT&T does flOC warrant such services to be f;rrof.free 01' fit for -trt p<3TtkuJar purpose. Yall may /lOt use the norHar. iffed panioo of the services for any unlawiol purpose and you are responsible for and will hold AT&T harmless against the consequences of any such unlawful me. of an,! slander. libel or othe.r actionable content in any message. The !lability of AT&T, or 2f'I't of its employe,=s, t.gents or cooperating rervite provider{s) arising from any -tni.sdellvery, non-de!ivery or any other errors or omissiom in the prov1slOl'l of the non-tariffed poruor. of the services is limited to WI amount equal to the charge for any such service{s}. Your account may be subject to a maximum monthly usage limit. If AT&T suspects hudulent use of your AT&T C~ling Card, AT&T may, among other thln,r-;, suspend or termloate your AT&T D.mng Card without further notice. Applicable Law: The terms and enforc.ement of this Agreemeot shall be governe.d by feoer411aw and the law of Georgia. where we are located. For Furth.r Informotion: You can call us at tM telephone number shown on the billing statement, or at 1.800-423-4343. 'j~.AA'~ cJ.J~ MerlditbJarrell President and COO Universal 6ank. NA , . @lOOOUniversal Bank, NA WHAT TO DO IF THERE.'S AN fRROR IN YOUR BILL Your Billing Rights. Keep This Notic. For Future Us.. This notice (.ontams impom.nt information about your rights and our responsibili~ ties under the FaIr Credit BilHng A1::.t. Notify Us In Cas. of Errol> or Questions About Your Bill. If you think your billing statement Is wrol'\g. or if you need more. information about a ticlnsaction on }'Our billing statement, write to us (on a sep~ sheet) at the address provided in the Billing ~Ights Summary portJon on the back of your billing 'j st2tement, Write to t{s as soon as possible. We must hear from you no tater than 60 days after we sent you the first billing statemelit on which the error or proSiem appeared. '( ou C3l1 telephone \.IS, bot doing so wtU rIOt preserve your rightS. In your' letter, give us the (onowing informa.tion: YOlJr name and ac'count ('lumber. The dollar amount of the suspected error. II , ,~--."'~;"~'.7:"'~~" -,---'~='-'- "'~''':;;::~'\"':'''-'_.~~ ,........""'-"cc "...~.,.,..,;-."., . . ~ '. .~ Describe the error and explain. if you can, why you believe there 15 an error, If you ne'.!o more information, de~'ribe. the itern you are "..ot sure about. Please sign your lette.r. If you have a.uthori:t.ed us to pay your credit card bill automa.tically from your !.avings or cl1eckJng account, you can Stop the paymenc on any amount you think i!. wrong, To stop the. payment you mun tell us at least three ~1Jsiness days before the a.utomatic payment is scnedl:3led to occur. Your Rights and Our Responsibilities After We Receive Your Writlen Notke. ") We must acknowle-dge your letter within 30 days, unless we have corrected the e.rror by men. Within 90 days, .we must either correct the error or explain why we believe your billing statement was corrl!Ct. After we rea~il(e your letter, we cannot try to collect -any amOunt you question, or report your account as delinquent. We. can continue to bill you lor the. amount you question, Indudingfinance charges, and we can apply any unpaid amount against your credit line. You do not have [0 pay any que~tioned amount while we are llwestigating, but you are still obligated to pi,! the parts of your baian<:~ th~t are not In question. If we and that we made a mistake On your bUling sut~ent, you will flot have to pay any finance charges related to any questioned amount If we didn't make a mistake, you may have to pay finante charges, and you will ha~ to make up any missed pay~ Jm;nts on the questioned amount In either we, we will send you a SCltement of tht: amount you owe and the d3.te it is due. If you fail to pay the )mount that we think you owe, we may report you as delin- quent. However, if our explanation does OOt Sil:tlsfy you and you wrlte to us withIn 10 days telling us that yw $tlll refuse to pay, we must tellwyonewe report you to that you have a question about your bill. And, we must tell you the name and address of anyone to whom we reported your account informa.tion, We must tell anyone we report you to that the matter has be'.!!'\. settled between us when it is fmaJlr se~l.d. If we don't foflow these \\lIes, we can't conect the first $50 of the 'q\lestio'led amount. ~ven if-your bjl~jng statement was correct. Special Rule for Credit Cord Purchases, If yeu have a problem wi,th the. quaJity of propetty or services that you ?UrChiS~d with a credit card, and you have tried in good faith to correct the problem with the merchant. you may have the right not to pay the remaining amount due on the prop. erty or services. There are- tHo limitations on this right: You must have made the purchase in your home Me or, ir not within your home state, within 100 miles of your current addre.ss; and The purch-ase price must'have been more than $50. These limitations do not .apply if we own or operate tile merchant, or If we mailed you the advertisemeot for the property or services. ,. , " ;. o 10% Post Consumer Waste RICA.UCS 03/00 CPQ77501 12 ...-~- .^,~~-".-.;::.:' . ~. ~...~~~~.,.:, . " ; '., . .' ",'- '. ,+..~,-,._~". --"",,.~~,".~' .<'<":"-'<-".,~-~~.-'<:'.'--<'-'" .';-...'-"""!;.....::-'".-.-,,.,.-~. .-.,.-"'=':':.~_.<-""~., -. 0b I, .' ." :\. ,~".,:"',.",""---''',''..:.,..""-"...,, 0~ -p~tz\ ~ .~ . _ lrt ~~~ -:i r f ---- '~. \; 1..,; \' ~-~,:-, .. ( ,) \",'" ./ C',".; -- SHERIFF'S RETURN - REGULAR CASE NO: 2005-01018 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMONWEALTH FINANCIAL SYSTEMS VS BOSHART DAVID L RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn accordin to law, says, the within COMPLAINT & NOTICE was served upon BOSHART DAVID L ~-'l ~; DEFENDANT at 1646:00 HOURS, on the 3rd day of March 201J5 at 116 WEST MAIN STREET APT 6 MECHANICSBURG, PA 17055 by handing to DAVID BOSHART a true and attested copy of COMPLAINT & NOTICE togethe with and at the same time directing His attention to the contents tlereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 7.40 .00 10.00 .00 35.40 ...._".... I _",,'A' l " 1'- -' /~ /,~~-c.-r' R. Thomas Kline 03/04/2005 WARREN & VULLINGS me this 7 day Of~ Sworn and Subscribed to before By: d /~ , Of"~d A.D. ;t'~':'~'r-~ P othonotary . I Richard M. Bassett Jr.. ESQ. Warren & Vullings, LLP 800 Cottman Avenue Suite. 6 Philadelphia, PA 19111 2] 5-745-9800 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION COMMONWEALTH FINANCIAL SYSTEMS, INC. as assignee of CITIBANK 120 North Keyser Avenue Scranton, PA 18504 No. 05-1018 Civil Term vs. DAVID L. BOSHART 116 West Main St., Apt. 6 Mechanicsburg, PA 17055 TO: DAVID L. BOSHART 116 West Main St., Apt. 6 Mechanicsburg, PA 17055 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceedings as indicated below. -EL- Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEAS CALL: Warren & Vullings, LLP, 215-745-9800. Richard M. Bassett Jr.. Esq. Warren & Vullings, LLP 800 Cottman Avenue Suite. 6 Philadelphia, P A 19111 215-745-9800 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA C1VIL DIVISION COMMONWEALTH FINANCIAL SYSTEMS, INC. as assignee of CITIBANK 120 North Keyser Avenue Scranton, PA 18504 No. 05-1018 Civil Term vs. DAVID 1. BOSHART 1I6 West Main St., Apt. 6 Mechanicsburg, PA 17055 PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Enter judgment in favor of Plaintitt Commonwealth Financial Systems, Inc. and against David L. Boshart. Defendant in the amount of $22,376.19 in accordance with Pennsylvania Rules of Civil Procedure, for failing to Answer the Complaint or otherwis plead. Warren & VuIJings, LLP By: Richard M. Bassett .11'., Esq. Richard M. Bassett Jr.. Esq. Warren & Vullings, LLP 800 Cottman Avenue Suite. 6 Philadelphia, P A 19 1 II 215-745-9800 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH FINANCIAL SYSTEMS, INC. as assignee of CITIBANK 120 North Keyser Avenue Scranton, PA 18504 No. 05-1018 Civil Term vs. DAVID 1. BOSHART 116 West Main St., Apt. 6 Mechanicsburg, P A 17055 CERTIFICATION OF ADDRESS I, Richard M. Bassett Jr., Esq.. am the attorney for the Plaintiff in the above case I hereby certify that the above addresses are tme and correct to the best of my knowledg , information and belief. a~4'4~~~~ /Richard M. Bassett Jr., Esq. 7- ...:= Richard M. Bassett Jr., ESG. Warren & Vullings, LLP 800 Cottman Avenue Suite. 6 Philadelphia, P A 19111 215-745-9800 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH FINANCIAL SYSTEMS, INC. as assignee of CITIBANK 120 North Keyser Avenue Scranton, PA 18504 No. 05-1018 Civil Tcrm vs. DAVID 1. BOSHART 116 West Main St., Apt. 6 Mechanicsburg, PA 17055 AFFIDAVIT OF NON-MILITARY SERVICE The undersigned, being duly sworn, according to law, deposes and says that the Defendant, David 1. Boshart, is not in the Military or Naval Service of the Unitcd Statcs or its Allies. or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as iUJlendcd. That the Defendant is alIeast eighteen years of age and has a primary place of busincss at thc address indicated above. Date: April 12,2005 Richard M. Bassett Jr.. ESQ. Warren & Vullings, LLP 800 Cottman Avenue Suite. 6 Philadelphia, PA 19111 215-745,9800 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYL VANIA CIVIL DIVISION COMMONWEALTH FINANCIAL SYSTEMS, INC. as assignee of CITIBANK 120 North Keyser Avenue Scranton, PA 18504 No. 05-1018 Civil Term vs. DAVID L. BOSHART 116 West Main St., Apt. 6 Mechanicsburg, PA 17055 CERTIFICATION OF MAILING I, Richard M. Bassett Jr., Esq., hereby certify that I caused a true and correct copy of the attached Notice of Intent to Take Default upon the defendant via regular mail, which mail was not returned. Date: April 12, 2005 Richard M. Bassett Jr., Esq. (88646) Warren & Vullings, LLP 800 Cottman Avenue, Ste. 6 Philadelphia, P A 19111 215-745-9800 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH FINANCIAL SYSTEMS, INC 120 North Keyser Avenue Scranton, PA 18504 v. No. 05,1018 Civil Term DAVID L. BOSHART 116 West Main St., Apt. 6 Mechanicsburg, PA 17055 IMPORTANT NOTICE To: DAVID L. BOSHART 116 West Main St., Apt. 6 Mechanicsburg, PA 17055 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE AN ANSWER IN THIS CASE. UNLESS YOU TAKE ACTION WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE A JUDGMENT MAYBE ENTERE AGAINST YOU WITHOUT A HEARING. ANY YOU MAY LOSE YOUR RIGH TO DEFEND AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERlAND COUNTY BAR ASSOCIATION LRS 32 South Bedford Street Carlisle, PA 17013 717-249-3166 Warren & Vullings, LLP .7 By: Date: March 29, 2005 L 1J (J 4 ~ '[ :-.(J g n '" c: C.:;:I 0 C'J R - - OJ" -n ~ tv ~ ~ :l"-n ~ , :;;;..) rll--- ~ 0- r -[)Pi ~ ~ ?\c;.' ,.. , :e -,-., .':"J9 r L_:i J:- r:y tjf.;~ -"-\ N ~~J u' .<