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HomeMy WebLinkAbout05-4390COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No.Os- K3 Ci it Term vs. JOSEPH GOTTWALD, Defendant CIVIL ACTION 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 NY 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 A Meg e, I, s 'Attorney ID No. 81288 Attorney for Plaintiff Law Offices of Alan R. M6ge, Esq. P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff vs. JOSEPH GOTTWALD, Defendant No. C) ? Civil Term CIVIL ACTION COMPLAINT 1. The Plaintiff is Commonwealth Financial Systems, Inc. ("CFSP'), a corporation with an address of 120 North Keyser Avenue, Scranton, PA 18504. 2. The Defendant is Joseph Gottwald ("Gottwald"), an individual with an address of 111 Old Ford Dr., Apt. 101, Camp Hill, PA 17011. Count I - Breach of Contract 3. Defendant applied for and received a Providian Financial credit card, account number 4121-3704-0211-2596. 4. Use of the Providian Financial Card was subject to the terms of the Providian National Bank Visa and MasterCard Account Agreement ("Agreement'), a copy of which was sent to the Defendant along with the credit card. A true and correct copy of the Agreement is attached hereto, made a part hereof and marked as Exhibit "A". 5. Defendant used the Providian Financial Card Account number 4121-3704-0211- 2596 for purchases, cash advances, and/or balance transfers. 6. Defendant was mailed account statements relative to the use of the Providian Financial Card. 7. The Defendant has defaulted under the terms of the Agreement by failing to make monthly payments as they became due and owing. 8. The within account was sold by Providian National Bank to Unifund CCR Partners("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 is attached hereto, made a part hereof and marked as Exhibit "B". 9. 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. 10. Pursuant to the terms of the Agreement, Defendant, is liable for interest on the unpaid balance. 11. Pursuant to the terms of the Agreement, Defendant, is liable for Plaintiff's court costs and reasonable attorneys fees. 12. As of January 17, 2005, the balance due and owing to Plaintiff from Defendant was $11,450.89. 13. To the extent this pleading is considered an initial communication, you are notified that unless you notify us within thirty days after receipt of this letter that this debt, or any portion thereof, is disputed, we will assume that this debt is valid. If you do notify us of a dispute, we will obtain verification of the debt and mail it to you. Also, upon your written request within thirty days, we will provide you with the name and address of the original creditor if different from the original creditor. 2 WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $11,450.89 plus costs and interest at the rate of 11.99 per annum from January 17, 2005 as well as reasonable attorneys fees of $2,862.72 and such other and further relief as the Court may deem just and appropriate. Count II - Account Stated 14. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 15. The within account was an account in writing and expressly or impliedly accepted by both parties. 16. 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. 17. 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 $11,450.89 plus costs and interest at the rate of 11.99 per annum from January 17, 2005 as well as reasonable attorneys fees of $2,862.72 and such other and further relief as the Court may deem just and appropriate. Count III - Quantum Mcruit 18. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 19. The services provided by Plaintiff, described above, were received by the Defendant, and he Defendant received and accepted the benefit of said services provided by Plaintiff. 20. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid services to Defendant and expected to be paid for such. 21. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide the aforementioned services and incur damages. 22. 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. 23. 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 $11,450.89 plus costs and interest from January 17, 2005. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $11,450.89 plus costs and interest at the rate of 11.99 per annum from January 17, 2005 as well as reasonable attorneys fees of $2,862.72 and such other and further relief as the Court may deem just and appropriate. By: R. Meg , squire Atty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 4 a , Pawl D1AN Finoncic( FOv3 t;Z 0 7054 PROVIDIAN NATIONAL BANK VISA' AND MASTERCARD" ACCOUNT AGREEMENT Please review this document and keep a With your other important papers. This Account Agreement contains INC farms Nut govern your Frovadun National Bank VISA or Mastertarc Account (the "Account"). The Account allows you to make purohases by using your VISA or IAnterCard credit card (the 'Card')wherever it is imnan d am it gel cash a6'r0nces barn es or any other participating hrancial institution and from Automated Toilet Mecmats. Comments Checks may also be provided to you as an adclaloral way 10 use t.^.e Account In this Agreement. -you- and 'your' mean each person for whom we have opened a credit Cara Acccunt'We.' ' bur, 'ours' and 'US' mean Providian National Bank„ or as assignees, as Iisai on your billing satemam. The Account may be used only for personal, flul household, and cnanuble purposes, and not tar any business or commercial purpose. Any use of this Account shall constitute acceptance of the terms of this Agreement. You and we agree as follows: Payments. You will receive a Monthly statement showing your outstanding balance. Payment on this Account is required in U.S. dollars (checks must be payable at a U.S. gntce of the bank the crack is drawn on) for at least the gaymem due as Sharon an your statement by the payment due date in accordance with payment instructions on your monthly Ma m ent. The back of your mtaEldy statement includes the rules we follow when we post payments to your Account. Convenience checks and other checks we may issue to you may not be used to make payments on vour Account or to make payments on any other account you have with us or our Affiliates. The payment a" wilt tit: 3 at the new balance shown on your statement plus ma amount of arty past due payment, and may include the amount by which the new balance exceeds your credit line. However. the payment due will ram be less than S15 ;unless your mew balance is less than S15, in which ass the payment out *fit be me amount at me new balance). It your Account is past due or above the credit line, we may require a higher minimum payment out we will Tattle you before doing so. It your payment is more then ire payment due, it wig be treated as a single payment and none of it will be applied to future payments due. We may accept lam or Ju l payments. or payments marked "paid in lull" at marked with other restrictions, without losing our right to Cousin an amounts awing under this Agreement. Finaarce Charges. France charges begin to accrue on a debit when it is included in one of your daily balances and continue ice accrue unfit trial balance is reduced Jay a payment or credit. Your Account hex two dagy balancial the Purchase Balance which consists of purchases you make with your Card and fees, other than ash amrence transaction lees. cdarged to your Account, including lees for optional services; and cot Cash Advance Balance which consists of all cash advances and ash advance transaction lees- ANY, payment amount •we fact" that exceeds the finence charges and fees men due will annually be applied Ikst to the Balance wnr the lower ANNUAL PERCENTAGE RATE (APR) until that Baborcer is zero, and then a tit remaining BoaTrs. We reserve the TIME to apply payments dtthrenfly without further notice. The Pumhue and Cash Advance Balances are reduced by payments as of the date received, and by credits u of the data posted. Purchases are included in your Purchase Balance as of the data made. Fees are included in yaw Purchase Ealana as at the transaction dale. Cash advances are included In your Cash Advance Balance a behavei ash advancer tram other Pull asdWtions and through Automated Teller Machimes as at the data made: turns electronically transmitted, as of the date transmitted; cash advance checks mace payable to you Nat are IdendUed as ashlefs Checks, which we may mail to you at your request. as of seven days liter the data we prom an the check; all other checks, including any convenience checks, as of the date presented to us. Cash advance transaction feu are included in the Cash Advance Balance as of the tanaction date. Other dtblas are included in your purchase or Cub Advance Balance as of the data pasted. Finance charges are added to your purchase ant Cash Advance Balances each day and are then pasted an the last day of the adlitg eyrie, There is no period within which credit extended may be repaid without Meta rag a finance charge. To figure me dal finance charge for purchases and the daffy &%net cltargt tar cash advances, we cart with your previous day's Purchase Balance and Can Advance Balance, add it; deceits and subtract all credits for me current day to pie applicable Balance (as explained in the pimpaph above}, and multiply the net amount by the appllmble daily periodic rah (see following paragraphs). The finance charge for purchases is then added to and Included in that an's Purchase Balance, and the finance charge for wh advances is Than added to and included in that day's Cash Advanae Balance. We treas a credit balance for any day as am. We determine me plant finance charges on your Balances to, the hitting cycle q adding together Inc finance change for purchases for each day within the billing cycle ant the tlnanct charge fir cash advances for each day within the b111ingacycle. In calculating times charges, an edjusimum will be made for any mansagtion or payment that would have affected the onance charge Calculation in a prior bBtinM cycle had it been posted in that circle The applicable airy periodic ate for such a transaction will be the ate in enact for the current billing cycle lather than INC rah in effect on the date of the transaction, . The term 'Prime Rata" as used in this Agreement means the prime ate published in The Waft Street lourrw/ an the first business day at the previous calendar month. ATry increase or decrease in the APR will take effect an We Cast day of your billow cycle and may resultin a slight increase of decrease In the amount of your minimum payment The ANNUAL PERCENTAGE RATE far purchases wig vary and may be adjusted sack billing cycle up ro 10.99% above Prime Rate. Using this farel the APR for purchases in the April 2000 billing cycle is 79.99%, carrespunding to a dally periodic ate of 0.0548%. and your APR for puEhues will not go below 19.99%. The ANNUAL PERCENTAGE RATE for can advances wig vary antl may be ad)usttd tarn billing cycle up to 12.99% above Prime Rate. Using this formula, the APR for cash advances in me ADA 2000 bAck; Cycle is 21.99%, eorrespoal to a dally periodic are of O.0602%, and yaw APR for cash advances wig ram go below 21.99%. To deumill me avenge dey balance shown on your statement for purchisu, add each day's Purchase Balance griciudmg daily Trance charge) in the billing cycle and didde by u4 number at days in the hitting cycle. To detarmine the average daily balance shown on your statement for rash advances, add aeon days Cash Advance Balance (including daily finance charge) in the bi0ing cycle and divide by the number of days in the billing cycle. You den multpy each of mess average daily balances by the number at days kt the billing cycle and by INC applicable daily periodic ate to obtain suptoals, and then add the ova subtotals logtlell to determine the total amount of finance charges on yaw balare as for the billing OltiN It a cash advance transaction lee. credit One increase lee. or Express Caro processing lee is charged (see Feu section), those amounts are also FINANCE CHARGES. Fees. A intentional le_ at $7.95 will be charged to your Account each month. If you request and we issue an additional Card on your Account for an authorized user, a fee of $20 for each additional Card will be charged to your Account This fee will be charged to your Account when the additional Card is issued and every 12 months manager for as long as each additional Card is outstanding. II you request and use our Express Card Service, a one-time fee of 57 9.95, which Is a FINANCE CHARGE, wig be Cbarged to your ACCOUNT. In same Cases, exores processing may hat be available. We may charge your Account $29 for earn Card you ask us to replace: each returned psymeitt each check you write on your Account that we a turn un{ald; each stop payment order or renewal of such an order, each billing cycle within which your Account is deaiguent (Was charge); and each ogling cycle within which your Distinct exceeds your credit line even it your Accaum is Closed. If you request copies of billing statements mat wee first sent to you more than Two mgnms earlier, we may charge a handling fee of S2 for each such copy. A cash advance fee of 3% (minimum S51, whorl is a FINANCE CHARGE, may be Charged for each cash advance Wool made on your Account. For same credit fine increases, you may be charged a fee, which is a FINANCE CHARGE, me amount of which will he disclosed to you before you accept the line increase offer. II you request that we make a one-time autamadc paymen from your personal checking account, we may Thorpe your Account A fee of $1.95 lac each request. This fee is a FINANCE CHARGE, and it will apply whether or not funds are available in your personal checking account to make the payment. Default. You will be in default: it any Information you provided us proves to be incomplete or Ummum: if you dal nth compy with any oar of this Agreement upon your death, b errima fry, or Insolvency: it you do not pay other debts when due; d a oankrup¢y, petition is Mae by or against you; or it we believe in flood hafth that you may not pay or perform your obligations wide, this Agreement. It you are in default. we may, without further demand or notice, canal your credit prwile0as, declare your Account balance immediately due and payable, and use any remedy we may have. to the event at your default the outstanding Interco on your Account will continue ao accrue interest at the APR(s) disclosed in the Finance Charges section of this Agreement, ever, if we have filed suit to collect the amount you awe. Credit Line. Your credit line and cash advance line are disclosed when you open your Account and on your satemem aach month. Your ash advance. Jim is limited eo a portion tai your credit line. We may Increase or decrease your credit line andior your cash advance !ine based an Moroi d0r we mnrdined from you or your credit records. Your avallatte credit tat Purchases is normally the Clarence between your credit line and your Account balance {including Man ueClipns made at aamOria-d but not yet posted). Your available Credit iv a cesn aovarrce is normally the difference between your Cash Savants line and your Cash Advance Ef lana or the difference between your credit Ims and your Account balance, whichever is less. it you ethic us a large payment we may limit your available :;wile while we conbrm that the check will clear. For tannin transactions, available Credit may be less. Yau will mm use your Account tor, and we may refuse to honor, any transaction that would cause you to exceed your available credit or your available credit for cam advances. Your aeon line may be soul g you attempt to gal wer your cash advance credit line. Promise to Pay. You promise to pay us when cut all amounts borrowed wren you or someone else uses your Account lever it the amount charged exceeds your Carmissicr, all omen transactions and charges to your .k amiall and all colleatan costs we incur including, but not limited to, (Terminate attorneys tees and :cur, costs. tit you win the suit. we will pay your reasonable attorney's tees and court casts.) Changes. After we gmviae you any notice required ay few, we may change any part of this Agreement and add or remove am terms. conditions, or (twaremeils.:f a change is made to the Finance Charges section of this Agreement. the new finance charge calculation wig apply to your entire Account pill from me -IT nave care of the "not. Cnenges all a l to balances that 'iclme y em< ril to your A .,, rot before oho „-igl •he cruari , zna will aach, whether tar rapt you coninue to use me AccounL Foreign Eubo ngelturiency Conversion. i you Use your Card lot transactions in a currency other Iban U.5. loiters. tht innsaaicns will be converted to U,S. dollars. cemerany using zither a (11 paver, mem-mama ate at {iffy wholesale market rate in effect ;tit day Color-'he tansaction is mrocesstd, rncrusea of T%. if a credit is subsequently Given or a ?ansacucn. h will Be decreased oy, the same percentage. The currency conversion ate _sad on -.he -_marersiun data may diHtr from the ate in effect an me date you used your card. rca agree uo ;ccspi ilea convenefl amount in U.S. dollars, The Card; Cancellation. 'fou may Cancel your credit privileges at any time by motrong us m :miing and destroying :he Card{s). Loch the Cara expiration at the end of the month Shaun em it, w. reserve tie rignt nor it renew we Care. We may cancel the Card and pour cacti privileges at arty i me ahar 30 days rm¢e ro /cu. or cluil notice if permitted by law II your Cud is Cancelled at not mmwea, finance charges and other fees will continue !C Ne assessn. pee lnii will cpnlmce to be due, and 311 other apolicabh provisions of this Agrterl :rill rem3ln in e. ect. If You temtmaie your credit prnilegtS :, j! ova C.anCel ar ao WI renew the tar:, aou may no anger'write coeces on your cceuni. am you shouo Until 3rv unused TeCYE ee nay Cave IssueU to 1l 14 ?k Pesonal Inlormation; Dommenk. You win DT ode us at least 70 My$ none hyou change ydUr name. home Of math" 2d 12, le eptlone numdtrs. emalayni Of iXanne. upon zuc Qgoeas, you will provide us addItemat financial information. We reserve me fight to obtain Imormation tram others. including uedh feponing agencies, and to provide your acdrass and mfelmanw lariat your Accourl to offers. W{ may also share intern to with our business aRl'ale How rr You_may, 'wr"•'n 1.1 at art hDD0, Us ixtafino of to share y do into m cr art; ,of affil' . B you _ do not IuKll your oaAgMions under ihrs Agreement, a negative credit repen;hat may reheat on your u7a may be suhmmtd to credo ieDONnp agencies. - Customer Service; Unauthorized Usa, Lou. or Thed of Checks or the Card" Each Card most be signed Dr receipt. You are responsible for sateguaruirq the Card, your personal IoentAiWlion Number (PIN), which privates access to Automated Teller Machines, and any checks issued to You tram theft, and lot keeping your PIN separate tram your Cale. if you discover or suspect that the Card. PIN, or any unused checks are lost or snatch, or that there may u an unauthorized transaction on your Account, you will grompdy holy us by Calling 1.600.111-5815. So We nn immediately act to limit lasses and liability, you will phone os even though you may also notify us in writing. 'four liability tar unauthorized use occurring before you notify vs is limped to SSO. tt you report of we suspect unauthorized use of your Account, we may suspend your credit privileges until we readare the problem to our satisfactmn art issue you a new Card. It your Card is lost or stolen, you will promptly destroy all checks hat may be in your possession, To improve customer service and Security, you agree that your delta, maybe monitored or recorded Merchant Relations. We will not be haale it any Person Of Automated Teller Machine fiduES to honor the Cam or accept your checks, or fails to return the Cam to you. We have no responsibility for goods and services purchased with the Card or checks except As required Dy law. (Sea Special Rule below.) Certain Den ants that are avaiiable with me Account are provided by Ihird-party, vendors. We are not responsible for file quality, availability, or resins of am of the serv¢aa you choose to use. Stop Payment Ordars. It you Wish to stop payment on a check, you may send us a stop payment order by writing to us at Our address for Customer Service listed on your statement. You can make a stop payment order orally by calling the number listed on your statement When you snake A stop payment order. you must provide your Account ham, mr and specific information about the check., the mot amount the date on me drool the name of the parry to wham it was payable, the name of the person who signed it and the check number. You will be asked to confirm an oral stop payment order In writing. We may i isre_oa_ rd w oral order tf we. do not micerm a sloned wfi= confirmation within Two Weeks after the c^I fftdn. or it We have not received an adequate description of the item so that payment can be stopped. The brae! wilt net be effective if the check vas paid by us before we had a reasonable Opponent; to act on the order. We may. without liabifiry, disregard a written stop payment order six months ;her receipt unless It is renewed in waiting. Standard at Can. Because this Account involves a credit card and may Involve check tore a ddum that an processed through separate national systems before the transaction am consatidi ted by us, and because nor every check and Card slip will be Sent to us, hampecDonS in your Account will be processed mechanically without par naeeSSarily reviewing every item. Our processing system will call our attention to certain items, which we will examine. We Will exam tie all ttaasaction ; when you report that your Card or any checks nave been last or stolen. We do not intend ordinarily to examine all floods, and We will not be negligent B we do not do w. This rule establishes me standard of ordinary are that we in good faith wid tummisa: in administering your AmOunL Bemuse of our limited review, and bemuse neither your uncoiled checks nor Card iransacdan slips will be returned to you With fire mpaltnq .. statement you should be Careful to enter all checks In your check register or othefwise keep a record of them. You should also save Your credit cmd cash advance and purchase slips. You _ spree t check Y Your monthly Mc h aoainst" rd and to relN 'm edl t w of IN unauthorized transactions or for. ;q Waiver of Certain Rights. We may delay or waive enforcement of any provision of this Agreement Without losing our right to enforce it or any other pravcien later. You waive; me right to pre5tmment demand, protest or netica of dishonor,, any applicable statute of limitarions; and any fgM you may have to require us to proceed against am'dne before We lilt suit against you. Applicable Law, Severability; Asi igr mend. No marror where you Uri, this Agreement and your Account an goin meld by ledetaf law and by New Hampshire taw. This Agreement is a And expression at the agreement between you and us and may nut be contradicted by swdence of am alleged vial agreement O any provision of this Agreement k hell to be Mvilid or unenforceable, you and we YAP consider that provision reodalled to eofdorm to applicable law, and the rest at the proukdom in the Agreement will sill be arearculim. At any tlme after we determine in good taint mat any proposed at enacted legialatian, i igulatory action, a judicial decision has rendered or may render any material ptavisior5 of this Agreement imalia of unenforceable, or impose any Incrased tax, reporting requirement or other burden in connection with any such pmvkion or its erdomemen4?weoay, after at least 30 days notice to you, t or Without notice H permitted by law, meal the card And your credit privileges. We may transfer or assign out Tight to all or some of your payments. If State law requires that you receive notice of such a event to protect the purchaser w assignee, we my give you such notice by fling a timncing Statement with the starts Secretary of State. Notices. Other notices to you shall be effective when deposited in Maas mail addressed to you at the address shown in our records, unless a longer notice period is specified in this _n Agreement or by paw, which period shall start upon milling. Nonce to us shag be mailed to our address far Customer Service on your statement (or other addresses we may specify) and _ shall be effective when we reserve It YOUR BIW NG RIGHTS-KEEP THIS NOTICE FOR FUTURE USE- This notice contains important information about your doh¢ and our responsibilities under the Fair Credit Billing Ace. Kathy Ill in Case of Efrom or0uefif/ors About Your Hill. U you think your bill is wrong, or V you flood more Information about arty tnmarro n on your bill, who US, on a separate sheet at our address period M the BlIling Rights Summary on your bill. Wilk to us as span as passible. We must hear tram you no later then fig days aher We sent you the first bill art which the error or problem appeared, You can kkphong us, but doing so will not preserve you fights. In your letter, y'we a the following! Your name and Account number - The dollar amount of the suspected error -A description of the error and an explanation, if passible, of wig you believe theca's an error. If you need more information, describe me item you an not sure about Your Rights and OUT Rasponslb+Nfioc Adair We Receive Your W»Tfaa Notice. We must acknowledge your labor whrim 30 days, unless we have Corrected the error by than. Within SG days, we in= either correct the error or explain why we believe the bill was Correct After we receive your letter. we cannot try to collect anyemeaunt you question, at report you as delinquent. We on continue to bill you for the areeunf you buesdon, including finance charges, and we can apply any unpaid amount against your credit line. You do net have to pay any questioned amount while we an inveadgadng, but you are still obligated m pay the park at your bill mat are not '0 question. If we find that we =do a mistake on your bill, you.wilt not have to pay any finance charge related to any questioned amwM. If we oidn't make a mistake, you may have to pay finance charges, and you will have to make up me missed payments; on the questioned amount. In either use, we will lead you a statement of the amount you awe and the data that it is due. If you fail to pay the amount we think you owe, we may report you as delinquent. However. If our exglanadon does not satisfy you and you write to us within 10 days wiling us that you still refuse to pay. we must tell among we report you to that you question your bill. And, We must fall you the Turns M anyone we reported you to- We most tell anyone we repon you to that the maser ms been Settled between us when it thistly is. If we don't follow these miss, we can't collect the first SSO of the questioned amount even it your bill Was correcL Speed Rule for Cmdft Card Purchases- It you have a problem who the quality at the property or services teat you automated with our credit Cam and you have vied in good With to correct the problem with the merchant you may not have to pay the remaining amount due on me property at Stono s, Then are two limitations on this right. (a) you must nave made the purchase in your home state, or it nor Within your hams state, within 100 macs of your current malting adds= and (b) the purchase price must have been more than $50. These limitations do net apply If we own or operate the merchant or h We mailed you the advertisement for the property or services. REWARDS PROGRAM -The fallowing Toms and Condllloas, along with the Redemption Rules disclosed In the Rewards Brachum {•Btochna'), apply to the Rewards Program ('Program'), `t Eligibility. Participation in me Program is restricted to individuals who matnain a Provided VISA or Mastelf ml credit card account ('Account-) in good standing. We reserve ire right to approve. deny, of revoke membership of not a1Pow redemption of Rewards, as defined below, to any individual tot any reason whatsoever. Earning of Points. During me lint l2 months your Account Is open, you will cam 2 paints ('Points') for each St of Net Purchases.Therearter, at the end of !ash monthly billing cycle, you will earn i Point lot each $t of Net Purchases. `Net Peonases" means purchases of goods at services made by you of any authorized user of the Account, minus any aNms or refunds, and excluding balance transfers, man advances, trap leYS checks, and access checks, Points do not accrue for interest charges or fees of am kind, such as late payment tees, annual tees, ovedimit lees. and unauthorized charges. Changes made to the shove list art at our sole dtscfe(ion. Point accrual will begin upon your Enrilment Date in the Program. No retmactive Points will be awarded The Entailment Date means me dare we approve you as a Program member. Points may only be earned if your Account is open and is flat Dash due or above me credit line. When your Account is current and is within is credit line, you will begin to earn Points again. TeamIs no limit an the number of points that can at earned. Pegi s do not have a cash value. cannot be purchased or exchanged tar nsn, and cannot under any circumstance be redeemed for cash or used IS a payment for your Account or other obligations 10 us. Stimuli of Points. Program Points are updated monthly at the time of your Account billing statement Points earned during the month will be posted at your billing ststsmmt daim and are net avedabie for redemption on fill at lust two business days after your billing statement date. Expiration of Points. Points will expire live years after being awarded. Points redeemed and expire d will be based on a :asst-eamed, flrstapent basis. Redemption of Points, Points may be redeemed for products or services ('Rewards'). which are set Conn in a Brochure mailed to you from Gme to pme, Points may only be redeemed if your Accounl is open and is nor past cue m above the ctedb fire. All Rewards art. subject to availxbil'm. We reserve the right to modify art canal any Reward at any time. When Points are redeemed lot a Reward, the number of Points agplfed lot The Reward Will De subtracted from your Point balance. You will contact me parties listed in the Brochure for instructions on how to redeem your Points. Tax Liability and Fees. You Millie responsible for any federal, Sate. or local taxes oue arising out of Inc accrual Of POides of redemption at the Rewards. You will also be rssponsible for any fees or polar charges out in cannection with Ire redemption of any Reward. Changes to the Program. The Program and me benefits ale offered of am ,it discfetion. We reserve the right to shat cr ;flange arty Program feature or DeOeiii, pfUs0tCZI,mu 0r ntMaCti'Rly, including, wllnoul limitation, Point aC¢'ual at reoemplion criteria, and to cancel of temporarily suspend the Program at any time without notice. In the ^-vent you cpmmii any Ladd or abuse your privileges retating to The actual 01 Points or md,nizimn of Rewards, we reserve Ine light to omcEl any accrued Points as well as cancel you; Account and oatucica6Mh in the Program. If we cancel the program. we will nomally provide at toast 30 days Wrlmeo fonCe'a van at Ine address provided t0 pa,. However 11 you violate lay Nga15101) of these Telms and Conditions. you are in aeiauh under your Account, or your Account is closed, we may cancel ill- Program without Drovisinc you 30 days women rotice and Yon will ranch am unused Points. You may cancel your Dar cipatic l at any lime. The ,°rogram is void wnere prohibited ov lece ,l. state. of local law. Rewards. hf2r(t2 inc. and BRI provide sdntmislr311ve s,NICea in, redemOhon of Ine Rewxros. Marc lilt. and BP.I are Inoapencent Contractors and aril not arlll:a:ao wnr. us. >krtner the, Foam Inc-, nor ]RI shag be liable lot bodily narm and/or propeM damage trial may result from oarticipatag in ant Promo. nor for the redemonon w ilewalda and use of Re,vwop. In uniFund 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 ("Purchaser"), dated as of October 22, 2004 (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 UNIFUND CCR PARTNERS By Credit Card Receivables Fund, Inc. Its General Partner By ('Q' /-\ ?= David nberg CEO/Chairman For Unifund Use ONLY 19 Client # PID CID # ? nw VERIFICATION I, Patricia Cobb, Esquire, of Commonwealth Financial Systems, Inc., plaintiff herein, do hereby verify that I am the keeper of records of the Plaintiff in the foregoing civil action and that I am fully authorized to make this verification and that the facts set forth in the Complaint are true and correct to the best of my knowledge, information and belief. Verifier understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: PATRICIA COBB CFSI File No. / (P76 WU -70 ut O E., Cfi I U U` l COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No. 2005-04390 vs. CIVIL ACTION JOSEPH GOTTWALD, Defendant PLAINTIFF'S PRAECIPE TO REINSTATE COMPLAINT PURSUANT TO PARCP 401 TO THE CLERK OF SAID COURT: Please reinstate the complaint filed in the above-captioned matter. Date: September 12, 2005 an R. Me , sq. Attorney No. 81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016 (610) 954-5393 SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-04390 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COMMONWEALTH FINANCIAL SYSTEMS VS GOTTWALD JOSEPH R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT GOTTWALD JOSEPH but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , the within named DEFENDANT OLD FORD DRIVE APT 101 HILL, PA 17011 NOT FOUND , as to , GOTTWALD JOSEPH GIVEN ADDRESS IS LOCATED IN YORK COUNTY. Sheriff's Costs: Docketing 18.00 Service 12.00 Postage .37 Surcharge 10.00 Not Found 5.00 45.37 So answers -- R. Thomas Kli-ne Sheriff of Cumberland County ALAN MEGE 09/06/2005 Sworn and subscribed to before me this ?j day of ?r Pr honot COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff VS. JOSEPH GOTTWALD, Defendant No. b5 43C iivil Term CIVIL ACTION 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 NY 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 A Mege, 'Attorney ID No. 81288 Attorney for Plaintiff Law Offices of Alan R. Mege, Esq. P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 P pa, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH FINANCIAL SYSTEMS, INC. Plaintiff No. Civil Term vs. JOSEPH GOTTWALD, Defendant CIVIL ACTION COMPLAINT 1. The Plaintiff is Commonwealth Financial Systems, Inc. ("CFSI"), a corporation with an address of 120 North Keyser Avenue, Scranton, PA 18504. 2. The Defendant is Joseph Gottwald ("Gottwald"), an individual with an address of 111 Old Ford Dr., Apt. 101, Camp Hill, PA 17011. Count I - Breach of Contract 3. Defendant applied for and received a Providian Financial credit card, account number 4121-3704-0211-2596. 4. Use of the Providian Financial Card was subject to the terms of the Providian National Bank Visa and MasterCard Account Agreement ("Agreement'), a copy of which was sent to the Defendant along with the credit card. A true and correct copy of the Agreement is attached hereto, made a part hereof and marked as Exhibit "A". 5. Defendant used the Providian Financial Card Account number 4121-3704-0211- 2596 for purchases, cash advances, and/or balance transfers. 6. Defendant was mailed account statements relative to the use of the Providian Financial Card. 7. The Defendant has defaulted under the terms of the Agreement by failing to make monthly payments as they became due and owing. 8. The within account was sold by Providian National Bank to Unifund CCR Partners("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 is attached hereto, made a part hereof and marked as Exhibit "B". 9. 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. 10. Pursuant to the terms of the Agreement, Defendant, is liable for interest on the unpaid balance. 11. Pursuant to the terms of the Agreement, Defendant, is liable for Plaintiff's court costs and reasonable attorneys fees. 12. As of January 17, 2005, the balance due and owing to Plaintiff from Defendant was $11,450.89. 13. To the extent this pleading is considered an initial communication, you are notified that unless you notify us within thirty days after receipt of this letter that this debt, or any portion thereof, is disputed, we will assume that this debt is valid. If you do notify us of a dispute, we will obtain verification of the debt and mail it to you. Also, upon your written request within thirty days, we will provide you with the name and address of the original creditor if different from the original creditor. 2 WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $11,450.89 plus costs and interest at the rate of 11.99 per annum from January 17, 2005 as well as reasonable attorneys fees of $2,862.72 and such other and further relief as the Court may deem just and appropriate. Count II - Account Stated 14. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 15. The within account was an account in writing and expressly or impliedly accepted by both parties. 16. 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. 17. 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 $11,450.89 plus costs and interest at the rate of 11.99 per annum from January 17, 2005 as well as reasonable attorneys fees of $2,862.72 and such other and further relief as the Court may deem just and appropriate. Count III - Quantum Meruit 18. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 19. The services provided by Plaintiff, described above, were received by the Defendant, and he Defendant received and accepted the benefit of said services provided by Plaintiff. 20. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid services to Defendant and expected to be paid for such. 21. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide the aforementioned services and incur damages. 22. 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. 23. 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 $11,450.89 plus costs and interest from January 17, 2005. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant, in the amount of $11,450.89 plus costs and interest at the rate of 11.99 per annum from January 17, 2005 as well as reasonable attorneys fees of $2,862.72 and such other and further relief as the Court may deem just and appropriate. By: i R. Mege, squire Atty. I.D. #81288 Attorney for Plaintiff P.O. Box 1426 Bethlehem, PA 18016-1426 (610) 954-5393 4 A"-PRGV1DiAN Financtcl `01 -3142 C 30Ed PROVIDIAN NATIONAL BANK VISA' AND MASTERCARD' ACCOUNT AGREEMENT Please review this document aria keep it with your other imoonant papers. This Account Agreement mntlins the terms that govern your Pmvidan Nalionat bank VISA. or Mdsmr•.af,', Account Dh! `Acetate'). Tht Account III you to make purchases by using ycui'ASA or lAultrCaid credit card I1he'Cald'1 whatever d is operated and to ge± cash advances from to or any other participating financial institution and from Automated Teller Macmnts. Convenience Checks may ash be provided to you as an additional way to use the Account. In Ibis Agreement 'you- and "your" mean each person for whom we have opened a credit are Account 'Yee,"'Our,"ours; and 'us" mean Providian National Bank• or its assignees, as ks:ec on your tilling smetnem. The Account may be used only for oerscrai, firmly, household, and charitable purposes, and not for any business or commitment purpose. Any use of mo Account shall constitute amentanee of the terms Of this Agreement. You and we agree as 1o11owS: Paymenla. You will receive a monthly statement showing your outstanding Interco. Payment on Nis Account is required in US. dollars {checks must be Definite at a U.S. Mice of he bank the check a dawn on) for at least the payment due as Shown on your statement by the payment due date in acmicanee with payment instructions on your monthly statement. The bazk of your manlhly statement includes the miles we follow when we post payments to your Account Convenience checks and other checks We My Issue la you may not be used to make payments on your Account or to make payments on any other account you haw With us or our off Mines. The payment due will oe: 3% of the new balance Shown on your statement plus Its amount at any past due payment. and may include the amount by which the new Data= exceeds your credit line. However, the payment due will not he less man S15 (unless your new balance is less tun 515, in which use the payment due will be the amount of me new balaru). U your Account is past due or above me credit line, we may require a higher minimum payment, out we will noun, you before doing so. It your payment is more than the payment due, it will be based as a single payment and none of it will be applied to future Payments due. We may, accept late or paAlal payments, or payments marked `paid in full' of marked with other restrictions, without losing our right to collect all amounts aping under his Agreement. Finance Charges. Finance charges begin to accrue on a debit when it is included in one of your ally balances and continue to accrue until !tut balance is reduced by a payment or credit. Your Account has two dally balances: the Purchase. Balance, which consists of purchases you make with your Card and fees, other than ash advance transaction fees. -,merged m your Account, including lees for optional services; and the Cash Advance Balet which consists of all cash advances and cash advance tanacbon fees Any payment am =we receive. that exceeds the finatt charges and fees man due will ordinarily be appded lint to the Balance with the lower ANNUAL PERCENTAGE RATE (APR) until that Balance is zero, and then to tau remaining Balance. We reserve the right to apply paymeems differently without lumber notice. The Purchase and Cash Advance Balances are educed by payments as of the dam received. and by credits as of the dale posted. Purchases are included in your puniness Balance u of me date made. Fees are incmided let your Purchase Balance as, of the tnnsacton Care. Cum advances are included In your Cash Advance Balance a follows: ash advances ]man other financial institutions and through Automated Teller frachirms as of the date made: funds electronically transmitted, as of the date transmitted; cash advance checks made payable to you that an Identified as putters checks, which we may mail d you at your request as of sewn days after "date we print an the check: set other checks, inafuding any towe:renaft checks, as of me daft presented it us. Cub advance minimal lets are included in the cash Advance Bauntt as of the transaction data Other debits are included in your Political or Cazh Advance Balance as of the data posted, Finance rNrges are added to your purchase am Crib Advance Balances each day and are then posted on the tut day of the billing cycle. There is no perfect within which credit extended may be repaid without incurring a finance Wrge. To figure the dairy finance charge for purchases and the daily finance-cmarge for Cub advances, we sari with your previous day's Purchase Balance and Cub Advance Balance, ado aC topics and subtract all credits fa die current day to me applicable Balance (as explained in the paagroph above), and multiply me net amount by the appliabfe daily periodic rate (see fallowing paagnphs). The finance change for purchase Is then added to and Included in out day's Purchase Balance, and the Rion-,, Charge tar cash advances is Then added to and included in that day's Cash Advance Balance. We treat a credit balance for any day as ream. We determine the teal finance charges on your Balances for the bilging cycle M adding together the finance clurya for purchases for each day Within the billing cycle and the finance drupe for cash advances for each day within the billlm,yCycle. In Calculating finance charges, an adtustment will be made for any transaction ar payment but would have affected flat ehunae -,merge m(culat(on in a print billing Cycle had it been posted in that Cycle. The applicable daily periodic rate for such a transaction will be the rate in effect for the current bitting cycle father than the ate in effect on the date of the tansacpon. The term'Pdme Rate' as used in Ibis Agreement means de prime ate published in The W20 Street Journal on the first business day of the previous calendar manor. AN increase Of decrease in the APR will take ebect an the fiat day of your billing cycle and may result in a slight iwreass or decrease In the amount of your minimum payment The ANNUAL PERCENTAGE RATE for purchases will vary and may no adjuvet each billing cycle up to 10,99% above Prime Ran. Using this formula, the APR for purchases in the Aprg 2007 tilling Cycle is 19.99%, cmresponding to a daly periodic nit of 0.0548%, and your APR for purchases will act go below 19.99%. The ANNUAL PERCENTAGE RATE for ash advances will vary and may be adjusted non billing cycle up to 12.99% above Prime Ram. Using this formula, the APR lac cash advances in the April 2000 billing cycle Is 21.99%, ccimsponding to a Baby periodic ate at 0.0502%, and your APR for ash adirman wall rem p below 21.99%. To Determine the avenge daly balance shown on your statement for purchases. add each day's Purchase Balance (including daiy finance charge) in the billing cycle and tivide by me number of days in the billing cycle. To determine the average dairy balance Shown on your statement for Cash advances, add each day's Cab Advance Balance (including daily I"mance change) In the billing cycle and dada by the number of days in the billing cycle. You an multiply each of these avenge dally balances by the number of days in the billing cycle and by Inc applicable daily periodic ate to obtain subtoals, and then add the two subtotals together to dearranine the tom amount of finance charges on your balances for the billing cycle. If a ash advance transaction lee. credit rim increase fee. or Express Card processing fee is charged (see Fees section), those amounts are also FINANCE CHARGES. Fees. A membership tee of S7.95 will be charged to your Account each month. If you request and we Issue an additional Card on your Account for an authorized user. I fee of S20 for each additional Card will be charged to your Account This fee will be charged to your Account when Ina additional Card is issued and every 12 months Me natter for a long as each sailboat Card is Outstanding. H you tquest arm use our Express Card Service, a one-time tee at 579.95, which Is a FINANCE CHARGE, will be Charged to your Acmum_ In same uses, exorees processing may nor be available. We may charge your Acmunt $29 for. each Cam you ask us to replace: each returned payment; each check you write on your Account that we return unpaid; each stop Payment order or answer of such an order. Inch billing Cycle within which your Account Is delinquent (ate charge); and tech billing cycle within which your balance exceeds your credit Fat even if your Account is closed. it you request copies of billing statements mat wee first sent to you more than two manta earlier, we may charge a handling lee of 52 far each such copy. A ash advance tee of 3:4 (minimum 55). which is a FINANCE CHARGE, may be charged for each Cazh advance transaction made on your Account. For some credit rime increases. you may be charged a let, which is a FINANCE CHARGE, the amount of which will be disclosed to you before you accept the line Increase otter. ll you request thin we make a one-time aumm bC pava l from your personal chocking account, we may charge your Account a fee of $4.95 for each request This fee is a FINANCE CHARGE, and it will apply Warner or not funds are available in your personal checking account to make the payment. Default. You win he in delauit: it any intonation you provided us proves la be incomplete or untrue; b you do rem comoly with any pan of this Agreement: upon your death. bankruptcy. or Insovency; if you do not pay other data when due; b a bankruptcy petition is filed by or against you; or it we not in good him mat you may not pay or perform your obligations under this Agreement If you are in default. we my. without further demand or notice, canal your credit privileges. decam your Account balance immediatey, due and payable, and use any remeay, we may have. In the event of your deairb, the outstanding balance on your Account will continue to accrue interest at the APR(s) disclosed in the Finance Charges section of this Agreement, ever. it we have filed suit 10 Collect The amount you awe. Credal Line. Your credit line and Cash advance line are disclosed when you teen your Aiaunt and W your smtmsot and Month, 'four ash advanct fine is limited to a portion of your credit line. We may Increase or decrease your credit line and/or your cash advance line based on information we Document from you or your credit records. Your availabe credit lo: purchases is normally Me difference between your credit line and your Account fulance (including transactions made or authorized out not yet posted). Your available credit to i Cun aavarme is normally the dtheaence athween your cash aovanu fine aria your cash Advance Balance at me difference between your credit line and your Account balance. whichever S less. if you Sena us a large payment, we may limit your available credit while we confirm that the check will clear. For certain transactions, available Credit may be less. You will not use your Account for. and we may refuse to honor, any transaction that Would cause you to exceed your available Credit or your entitle credit for cash advances. Your onto line may be reduced it you attempt to go over your cash advance credit line. Promise to Pay. You promise to pay us whom out all amounts borrowed when you or someone else uses your Account (even If the amount charged exceeds your permissict•,i, all other transactions and charges to your Account, and all m(mcaon costs we Imcm imauz", but not fins led hi. reasonable attorney's fees and court costs. III you with me suit. we •.wil pay your reasonable attorneys lets and court costs.) - Changes. After we provide You any notice .mulad oy law, we may change any par, of this Agreement and add at ¢mcim any terms, =d(Uars, m teosdamana.'d a thong[ is node to the Finance Charges sectior of this Agretment. the new finance traffic alcularon will apply to your entire Account silence Irnm the effective nose of the change, Charges will apmy ro pinatas hat include Account inams posted to your Dilate h• Cale of •h• n , area %NII apply whether at not you continue to use the AccounL Foreign ExchangeMumency Conversion. b in. is, your Card lot transactions in a Curnincy Omer !ban 'J.S. dears, the transactions will be converted to U.S. dollars, fertility using titre, a (it govemmem-mansi ea nth or ;iii wholesale market ate in thect the day oefor! ;he irmadion le processed, incensed Cy 3:4. b a credit is subsequently given fora trrsacucn.'.r will at decreased ay the same percentage. The currency conversion rare used on me airier tan date may differ from she mile in effect an the nine you used your Card. You aaae to actpt ;he convened amount it) U :S. gaiters. - The Card; Cancellation. You may cancel your cridil prvi'egn at any time by noii?ying us In wruing and destroying ine Card(s). Upon the Cara expiration at the ono of tee math sno°m cn it. 'w! reserve the ngtt lot 1, for" the Card.'Ne may cancel me Card and your rtch privileges a any time after 30 days notice :o /cu. or without notice it permitted by law II?Cu: Ciro it cancelled or not eenewed. finance charges ana other fees wilt continue tit Oe :sseesed. payments will com mite to be due. and all other 3colicable provisions of Cis Agreement t, .it rm,,ii n, e^ecl. I; you temlrrahe your cedr privileges. ,r if ve -,,rota ar ca tae rnew ;he (arc, you may me ioncef :vna crecxs in your Acecuni. one you chouln tniTt" xry cnulwn Inez": nay have fssueo 10 You. er 4 4N. personal Into rma Linn: Document:. You will provide us at IOsh 10 days nonce h you change your name, home or mailing 20[¢55, lelepnone npmoen. emoloymem, -1 rime. Upon our reaue5t. you wig provide u5 aadbonai mancial infoRlabon. We reserve Ine fight to Obtain distillation from others. inducing Clean loPoning agencies, and 10 provide your 3Cdress and inocrmalan aapul your Accourl w amen. went- aIe^ snort nto glib ire o business airlines 1'mv •lt You May ' rn'n -5 I or, rim, inst [f n • of to %h and credit i to m L an tint[ Our andfales, it you _ co not lulydl your ODOgarbns unaer thrs Agreement, a negative croda rtpon that may reNect an your u!da may be submmed ro:.redil reporting agencies. Customer Service; Unauthorized Ua, Loss. or Then at Checks as the Card. Esah Cam must be signed or. fsceipl. You are responsible far saleguardicq the Card, your Personal Ioentr ication Number (PIN), which provides access w Automated Teller Machines, and any checks issued la you from inch, and for keeping your PIN separate from your Card I: you discover or suspect that the Card. PIN, ar any unused checks are lost or stolen, or that [her! may as an unauthorized transaction on your Account. you win promptly notify us by Milt,,; 1-800.211-5815. So we no immediatey, act to limb leal and liability, you will phone tic awn though you may also notify us in writing. Your liability for unauthorized use occurring before you Rally, us is limited to S'S0. It you report or we suspect unauthorized use of your Account, ova may suspend your credit privileges until we resolve the problem w our salistac'mn or issue you a new Card. If your Card is lost or stolen, you will promptly destroy all checks that may be in your possession. To improve customer SENRE and st¢urity, you agree that your ails may be monitored of recorded, Merchant Relations. We will not be liable d any Design or Automated idler Machine refuses to honor the Card or accept your checks, or fails to return the Cam to you. We have no responsibility for goods and services Durchased with the Card or checks except as required by law. ISee Special Rule below.) Certain benefits that at, available with the Account are provided by third-parry vendors. We an rot responsible for lie quality, availability, or results of any of the services you choose to use. Slop Payment Orders. II you wish to stop payment on a clack, you may send us a stop payment order by wring to us at our address tar Customer Service listed on your snremem. You can make a stop payment order orally by calling the number list--d on your statement When you make a stop payment order, you must provide your Account number no specific information about Inc check: the exact amount, the date on the check. the name of the parry to whom b was payable. the name of the person who signed it, and the check number. You will be asked w canftrm an and stop payment order in writing. We may disregard Your eras order H we de not re rve a dgned written ^nf broil ^ - fah' two weeks rtlrt In, cral or it we have not received an adequate description of the item so that payment ran be stopped. The order will not be effective it the check was paid by us before we had a reasonable opportunity to act an the order. We may, without liability, disregard a written stop payment order six months after rectipt unless it is renewed is wnfirg. ' Standard of Can. Because this Account immws a credit card and may Involve check trarlsacdons Mart are processed through separate national systems before the tnnsactif are consolidated by us, and because not awry check and Card slip will be sent to us, transactions in your Account will be processed mechanically without our neeessardy Reviewing every item, our pracessing system will all our attention to certain items, which we will examlq. We will examine IN imtsactions when you report that your Card w ury checks have been fast or stolen. We do riot intend drdinarby to examine all dews, and we will not be negligent 9 we do tot do so. This rule establishes the standard of ordinary are that we in good town will exercise In administering your ACCOUDL Because of our limited review, and because neither your cancelled checks nor Card transaction slips will be returned to you with The monthly statement you should be careful to t b r all checks in your check Register or otherwise keep a neorot of them. You should also saw your credit card ash advance and purchase slips ygU 'e awell to check your Malbbe rat ilagainst mr hormad and to nmlN immediately gia ,unauthorized transactions at ermm Waiver of Certain RigAS. We may tletay or wane enforcement at arty Provision of this Agreement without losing our right IQ enforce it or any other provision lazes You waive: me right to presentment demand, protest, or notice of dishonor, any applicable statute of limianons; and any right you may nave to require us to proceed against anyone before we file suit against you. Applicable Law, Severabiffy; Assignment. No matter where you five, this Agreement and your Account am gummed by federal law and by New Hampshire law. This Agreement is a fmL expression of the agreement between you and us antl may not be contradicted by evidence of any alleged oral agreement. II any provision of Ire's Agreement u held to be invalid or .I unenforceable, you and we win consider that provision modified to conform to appl'wable taw, and the rest of the prwislobs in the Agreement will sign he eniomei dle, At any Ume after we determine In goad balm that any Proposed or enamed legislation, regulatory action. Cr judicial decision has rendered or may render any material provisions of this Agreement invalid at unenforceable, or impose any maimed far, sporting requirement or other burden In connection with any such provision or its emosemem;.wWay, after at least 30 days notice to you, or without noon it pertained by law, cancel the Card And Your Credit Privileges. We may transfer or assign Our right to all or some at your payments. t state taw requires that you receive notice of such an event w protect the purchaser or assignee, we tiny give you such notice by filing a Hornung statement with the stare's Secretary at State. Notices. Other notices to you shag be effective when deposited in the mail adtlressed to you at the address shown in our scrims, unfe a longer notice period as specified in this 7 Agreement of by law, which period shat Stan upon mailing. Notice to us shall be mailed to our address for Customer Service on your statement (or other addresses we may specify) and shelf be effective when we twelve It YOUR BILLING RIGHTS-BEEP THIS NOTICE FOR FUTURE USE. This notice contains important information about your rights and our respansibnities under the Fair Credit all Act. NO111Y Us io Case of Errors orguesllonsAbout Your Blll. R you think your bill is wrong, Or If you need more mformabon about my transaction an your bill, write us, an a separate sheet, at our address listed lo the Billing Rights Summary an your bid, Write to us ad. Sapp as possible. We must heat tram you no later man fig drys after we sent you the first hill on which the error or pmplem appeared, You an telephone us, but damp so will not preserve your rights. In Your letter, give us the following: Your name and Account number - The dollar amount of the suspected error -A description of the error and en explanation, it possible, of why you believe then is an error. it you need mom information, describe the Item you an rat sure about- Your Right; and Dot ResponsfbfNties After We Rncn/w Your WtlMea Noelee. We must acknowledge your letter within 30 days, unless we have rnrrected the error oy then. Within 90 day$. we a= citha correct the error or explain why we Canto the bill was correct. Aftar we receive your letter, we cannot try to Collect anyearount you question, or report you as delinquent. We an continue to bill you for the amount you question, including finance charges, and we an sappy "any Unpaid amount againg your credit fine. You do not nave to pay any questioned amount while ova as investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake an your bill, you will not have to pay any finance charge related to any questioned amount If we didn't nuke a mistake, you may have to pay finance charges, and you will have w make up the missed payments an the questioned amount. In either case, we will send you a statement of the amount you Owe and the date that it is due. II you tail to pay the amount we think you owe, we may report you As delinquent. However. If our explanation dabs not satisfy you and you write to us within 10 days telling us that you 58i1 refuse to pay, we must tail amawne we report you Io met you question your bill, And, we must tell you the name of anyone we mparted you to. We must 211 "me we report you to that the matter has been settled Common us when it finalty is. It we don't follow these rules. we an't Collett the first $50 d the questioned amount teen fl your bill was correct. Spacle) Rule far Credit Card Purwbases. It you have a problem win the quality of me property or services that you purchased with our credit am and you have tried in good faith 10 correct the problem with all merchant, you may Rol have to pay the remaining amount due on the properry or services. Then are two nmiGtions on this right. (a) you must nave made the purchase in your home state, or it nor within your home state, within 100 miles of your cannot mailing address; and Of the purchase price must have been more Nan $50. These limitations do not apply it we own or operate the anarchenL or It we mailed you the advertisement for the property Or services. REWARDS PROGRAM -The following Tons and Cbndlllons, along with the Redemption Rules disclosed In the Rewards Brochure ("Brochure'), apply in me Rewards Program ('Program"), Eligibility. Participation in the Program is restricted to individuals who maintain a Providlan VISA or MasterCard credit card account ('ACCOant") in good standing. We astrve the right to approve, deny. or revoke membership Of nab zNOw redemption Of Rewards. as defined below, to any individual for any reason whatsoever. Earning of Points. During the first 12 months your Account Is open, you will earn 2 paints (-Points-) for each 51 of Net Purchases,ThereInet at the and of teen monthly billing cycle, you will earn I Faint for each Si of Net Purcnases. 'Net Purchases means purchases at goods at services made by you or arty authorized user 01 the Account. minus any returns or refunds, and excluding balance transfers. cash advances, trawlers [necks, and access checks. Points do not accrue for interest charges or fees of am kind. such as We payment lees, annwl tees. Ownimit lees. and unauthorized charges. Changes mot to the above list are at our sole discretion. Point accrual will begin upon your Enrollm<nt Date in the Program. No retroactive Points will be awarded. The Enrollment Date means the date we approve you n a Program member, Paints may only be tamed it your Account is open and is not past due or above me credit Ma. When your Account is current and is within its credit line, you will begin to earn Points again. There is mo limit an [be number of Points that can be earned. Points do not have a ash value. Cannot be purchased or exchanged for ash, and cannot under any circumstance be redeemed for ash Of used as a payment for your Account car other obligations to us. Statement of Points. Program Points are updated monthly at the time of your Account billingy statement Points earned during the month will be posted at your billing statement Aare and are not available for redemption until at least hwo business days after your billing statement dare. Expiration of Paints. Points will slain five years after being awarded. Points reddened and expired will be based on a fast-tamed, ftrsl-spent basis. Redempliae of Pains. Points may be redeemed for products or services ('Rewards ), which at set form in a Breehut mailed to YOU from Ume to time. Points may only be redeemed ii Your Account is open and is not past due or above the Redd fie. All Rewards art subject to availability. We reserve the right to modify or cancef any Reward at any time. When %oints aft redeemed for a Reward. the number of Points required der Ins Seward will be subtracted from your Point balance, You win contact the parties listed in the Brochure for instruolons on haw to redeem your Points. Tax Liability and Fees. You will be responsible lot any federal, sat. or local [axes cue arising out of the accrual Of Points or redemption of the Rewards. You will also be :zwonsible for any fees or other charges Out in connection with the ledempllon of any Reward. Changes to the Program. The Program and the Potent. are offered at our sold dlscmitem. We eesttwe the dghf to abler or change arty Program feaNre Or OCnelii, plCSOeClyeri Or cetmacaiveiy, includirq, ,.Winoul limitaTlon. -Dint accrual or redemption Criteria, and m Cancel Or U11001arily Su5pene he Program at any time without notice. In the even you conmil any fraud Or abuse your privileges relating W the accrual of Points or redemption at Rewards. we tserve the right to cancel any accrued Paints as v:tll as cancel yow Account and particlpaden in the Program. It'ee cancel the Program. we will nomhally pavioe it Mast 30 days wnnen notice !0 You at the address provided to us Hpwev!r. if you violate any omdslat of these ietms and Conditions. you are in default under your Account, or your Account is closed, we may cancel the Program without providing you 30 days wnnen r.olice and -5u ,It :0,1ell anv unused Points. You may angel your panicipallco at any time. The Program is void where prohibited by'td!fil_ Sale, or IOOai law. Rewaras. Malta Inc. and BRI plovide aomtnis:rative services lot redemption or the Revrards. Man¢!ReC. and 9P.1 are indepeheem contractor anc art not anit,zaa 'xun u5. elumer we. Vianr !nc.. rer BRI ;hare be liable tar ppdily norm and/or property damage that may result ;:am Paneipat?hg in ME PrOOfan, not !or the !enemolion of itt r TLC 1n_ a;e c ^It ne . e. uniFund 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 ("Purchaser"), dated as of October 22, 2004 (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 UNIFUND CCR PARTNERS By Credit Card Receivables Fund, Inc. Its General Partner By David nberg CEO/Chairman For Unifund Use ONLY 19 Client# PID CID# A ? N VERIFICATION 1, Patricia Cobb, Esquire, of Commonwealth Financial Systems, Inc., Plaintiff herein, do hereby verify that I am the keeper of records of the Plaintiff in the foregoing civil action and that I am fully authorized to make this verification and that the facts set forth in the Complaint are true and correct to the best of my knowledge, information and belief. Verifier understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. g/?-Z/D7 Date: UU13H CFSI File No) (9 C/Ju SERVE 1 :? IJ 9? j i INZ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-04390 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMMONWEALTH FINANCIAL SYSTEMS VS GOTTWALD JOSEPH R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT GOTTWALD JOSEPH but was unable to locate Him in his bailiwick , to wit: He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On October 26th , 2005 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep York County 43.37 Postage .74 10/26/2005 ALAN MEGE Sworn and subscribed to before me this Ib !? day of ?Je1 e.W Q,c So answers,.- R. Thomas Kline Sheriff of Cumberland County A.D. Pro ota i COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE(717) 71 9 011 45 N. GEORGE ST, YORK, PA 17401 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 TMM2U 12 DO NOT DETACH ANY COPIES 1. PLAINTIFF/SI Camlonwealth Financial Systsrts Inc 3 DEFENDANT/S/ Joseph Gottwald Z I.VUNI NUMUtK TYPE OF WRIT OR COMPLAINT _ Notice & Canplaint SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED. OR SOLD Joseph Gottwald 6. ADDRESS (STREET OR RFD WITH ROX NUMBER. APT NO. CITY, BORO. TWP, STATE AND ZIP CODE) AT 111 Old Ford Drive apt 101 Camp Hill, PA 17011 7 INDICATE SERVICE U PERSONAL U PERSON IN CHARGE DEPUTIZE U C RT IL U 1ST CLASS MAIL U POSTED U OTHER NOW September 16 20 05 I, SHERIFF OF COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute this ZNnt and make return t2Df7eccording to law. This deputization being made at the request and risk of the plaintiff ;- 0? 00 SHERIF F OF 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WALL ASSIST IN EXPEDITING SERVICE Cumberland 0-AVO-Y-ced F4- . . 16th- ? ?wr Please mail return of service to Curnberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same wi8wut a watchman, in custody of whomever is found in possession. aftef nolitying person of levy of allachment. without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. GN TOR d-r4lP evnl Cpl- ?r?V 10. TELEPHONE NUMBER 11 U wlo- f5H-53(11? q- COPY TO NAME AN?DADDREEaS BE(((LLOW (This area must be completed d notice is to be mailed) In la, ? V, .O 64 , 13. 1 samowledge receipt of the wrn h( (? 14, TE RECEIVE 15 Expiration/Hearm Date 5 or complaint as indicated above. p, > ' I q - b lb-H-0 16. HOW SERVED: PERSONAL RESIDENCFJ(y_ POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. O l pereby cen y and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. RiQ ANknTLE OF IN IOUAL SERVED / LIST ADDRESS MERE IF NOT SHOWN ABOVE (Relationship to Defendant) 119. Date p1 Servce 120 Time of Service , Sel oo eACK "10 23 P/,Q?v?'n Costs 24 SServiim Costs 25. N/F 26 Mileage 27 Postage 28 Sub Total 29. Pound 30 Notary 31 Surch9 32 T3-J, d Cosis 33 Is Ouue elu I I.V f4?- (N 57 j..Y7 {00 Lot CD 10I 34. Foreigd County Costa 135 . Advance Costs 36 Service Costs 37 Nobry Can. 36 MileagelPostage/NOl Found 39. Total Cosis 40. Costs Due or Refund 41. AFFIRMED 42 day of NOTARIAL! vElarta--" LISA L BOWMAN, NOTARY PUBLIC CITY OF YORK, YOR;< COUNTY MY COMMISSION EXP;RES AUG. 12, 2009 Sheriff 48. Signature of F County Shenff 454T?64- 47 DATE x/13/05 Curtis R. Long Prothonotary office of the i3rotbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor D5 - q 3 46 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA RCP230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square 0 Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573