The URL can be used to link to this page

Home My WebLink About02-3095ROBERT M. REIBSTEIN, ESQUIRE 705 Montgomery Avenue Narberth, PA 19072 (610) 664-1999 Attorney I.D. No. 20456 IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY, PENNSYLVANIA CACV, INC., As Assignee of Bank One fka First USA Bank 1999 BROADWAY DENVER, CO 80202 - 3095 l i u ??6I? 1 YI vs. NO.Oa, RAE M. KRAMER 238 INDIAN CREEK DRIVE MECHANICSBURG, PA 17055-2526 CIVIL ACTION COMPLAINT You have been sued in Court. Ifyou 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 an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that ifyou fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP Thomas E. Cheflins, Court Administrator One Courthouse Square, 4th Floor Carlisle, PA 17013 (717) 24-6200 ROBERT M. REIBSTEIN, ESQUIRE 705 Montgomery Avenue Narberth, PA 19072 (610) 664-1999 Attorney I.D. No. 20456 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CACV, INC., As Assignee of Bank One fka First USA Bank 1999 BROADWAY DENVER, CO 80202 VS. NO. OA -.?ORS l:.tvc( RAE M. KRAMER 238 INDIAN CREEK DRIVE MECHANICSBURG, PA 17055-2526 CIVIL ACTION COMPLAINT Plaintiff, CACV, Inc., Assignee of Bank One formally known as First USA Bank, is a corporation with principal offices located at 1999 Broadway, Denver, Colorado. 2. Defendant, Rae M. Kramer, is an adult individual residing at 238 Indian Creek Drive, Mechanicsburg, Pennsylvania.. On or about March 1, 1995, at the specific request ofDefendant, First USA Bank issued Defendant a credit card account underthe terms ofa Card Member Agreement allowing Defendant to make various purchases or take cash advances from said account wherein as of November 9, 2000, there remained a principal balance due and owing First USA Bank in the sum of $8,994.75. A true and correct copy ofFirst USA Bank's statement ofaccount and Card Member Agreement sent to Defendant is attached hereto made part hereof and marked as Exhibits "A" and "B" in their entirety. 4. After repeated demand, Defendant repeatedly failed and refused to pay all or any part of the principal sum due and owing First USA Bank. 5. For value received on or about March 30, 2002, First USA Bank or their assigns assigned all of it's right, title and interest to said credit card account to Plaintiff. A true and correct copy of said assignment is attached hereto made hereof and marked as Exhibit "C". 6. After fiuther demand, Defendant has failed and refused to pay all or any part ofthe sums owed Plaintiff on said account. As per Exhibit "N', Plaintiff is entitled to reasonable attorneys fees of $350.00 and continuing at a rate of $175.00 per hour for the lawful collection of said debt. 8. As per Exhibit "A" Plaintiffis entitled to finther interest on the unpaid principal balance at the rate of $5.42 per day for 915 days totaling $4,960.29 and fiuther late fees of $35.00. WHEREFORE, Plaintiff demands judgment against Defendant in the sum of $14,340.04 plus continuing interest until the date of judgment plus reasonable attorney fees and the costs of this litigation. Robert M. Reibstein, Esquire Attorney for Plaintiff Cardmember Statement t `a\ 0Z N.w AdS.wm ER.ip PY.. _ R..w ede ofbw jMffD? AYDDIIT MTI{'a}DOL DAII MYI@IS 426686414476644600000000000000005 FIRST USA BANK, NA P.O. BOX 15153 WILMINGTON BE 19886-5153 I„ 111. L.1„1,L,L.I1.,.1.1.1..11.1.6,d1 .L.II MNATHONE CUSTOMER SERVICE O0B9162M9ONSME US) 1-61226/.w TUTNOEUS)t A.n L OU= 626 IM 997661/6 CARDMEIIBER ACTIVITY SUMMARY a PAT6ENr ADDRESS P.O.BOY I5W WMMINGTONDE HI M5152 a I Maam aNtl. MST. 11Dpp1CLND5?t mtOlNlixlllQ?C IW.NfIiCaWDLA9DIpN NIDDRS Ma DAM 1109 12109 F19630aAP000ZC01T CHARGE OFF ACCOUNT-PRINCIPALS 7,IW22CR 12109 1199 F196300AP000ZCOI T CHAROEOFFACCOUNT TINANCECHAROES• 1,79627CR 12619 12,19 LATE FEE 35M nm9usaAUxcD .FOPO.AS)S,ISD .cAaADVAxeM +FINANCECHARGES .Mnm.aum wr9NAxa Nm ADNS1m17! am5a 80"m WAS Om Om S M.75 Om PERInnIC RAT? MAV V ARV MINICi AV = DM.T fLpfBM m "MM tRP9a DN Y MEMtc N7119M FINANCE vSaueT Muxrs Ma N9D MZMa CHARGE NICxAdSF Om 27531% 27A9% Om w Om 27591% 27AP% Om 5mcavD ANNUAL PERCENrACE RATE 27A9% " MMMM FINANCE CHARGE Om First USA BRR1y N.A. Mrru.Aa+w.r...a.In,.n.sm,...aK.r.edr..,.a. aaa_.r N,r.Mrc >aaAS.v. aMDrsYw.oNlsrS..mwmatLr. 9a .w.w div Arhq.7YD1 Yd .atLL. YddiF man Jt.1 vminw J. htOLNY,NAYY va(pY s.oa This Statement is a Facsimile - Not an Original SNO ED . 7 L% 5 4%5 NW }WD M HI]M OIACOA Ptg.I N I Thank you for continuing to use your Bank One CreditVaj De v'M0elafV4DN)ie have built with you and your continued business is important to us. Please let us know if there is anything we can do to service your account RAE M KRAMER o.ooo.oo 238 INDIAN CREEK DR MECHANICSBURG PA 17055-2526 RULING MQUIRY PA.BOY WMMB/GTOM,DE 19099RM1 M Y1My v' Sys- .. l w r i ^R .l J O - Cardmember Agreement 7Lu is die Agrcerhtau tut esrablidi s de iota of wwr(?rtnwsrdwr.lrtrwnm CAccoruul with Fnst I:S\ Barre .NA (ihuihuiing accaums olmwd with to through other Iwhks dut parts O a in our NavetOnd/Ym program and whose name mar- be on the fart of your Cad). Please wad it ®du0r and keep it fur your records You do nor treed to sign this Agmetticnt, but pease be sue in sign the had, d lour Card if you havoc not already done so. All extauiotu of aedl in corhrhection wpb your Acconu am being made by Most LSA Barht N.A. in Wilmington, Dehuwve. Am, use of yon Card or Arxamtcadusas youu acceptance of the tarts and conditions of this Agmemaa. De[mitao=In dus Agtmnem. the words "you" and' youe refer to ash person (pintlya id severally if more than one) who has applied far the Account and airy ether person-wino its agreed to be ..... mspons3le for the Account The words "w".'Sts" and 'ate refer o Fns WA Bank, NA, a natmuf '........ banking association. 'Card" refers to cub MasterCard and/or Yet Cared that is issued on your Account The Cad aims be remnned orsur adeted to us orarr agrm upon request. Using Your Acom at You may ux your Card or Account in pmehae or lease goods or services or pay amounts you owe wherever the Card is honored or transfer balances from other accounts ('Purchaal. You may also use the Cud in obtain hash loaru (Yssh Adwnces-) from anyfirmdial institution that accepts the Card You agree in accept credits to your Account instead of ash refudt wthah the original !urn hale was charged w younrAccmunt We may isle "Comahierce Coeds" in sou which may be used in access your credit foe Use of a Conne irnce Cxrde will be tweed n a "Pmdhase in the amount of your weds Each Caavemenve Check will contain your Account number and arty be used mdv by the person(s) whose name(s) Want printed ore it Each meth be 6inpietd and signed by you (or ddhe r dyota) in she same man . ,. near as a regular personal check. If we ptoide Cameuiuae Cnedu feeyour Aaoomm, you may not me them to pay ay amramt you owe under Noes- Cardm®bc Agnenmt or under any otter credit agreement oraccount you may ha t: wish us, Bank One or my dour mind banks O6Fgadum On YotrAoeu®eYou atnharim m to pay, aand chmpe)mrAmautt for 21 Purchases and Cash Minces mute or oboined by you or anyone you autlorue to one your Cad or Account You promise in pay To far al of thex Pmtiusm and Cash Minces, phi army Fswsee Charges asseaed an your Account and any other charges and fees which you nay ore us under the resins of this Agreement Yon will be obligated to pay author coed dirges to your Account whether readtirhg fiom (I) acant use of yo r Gad or Convenience Coeds, (2) mad order" telephone, computererr other electronic Purchases; made without presenting the Cant or (3) any oche' circumstance where you authorize a c a gc, or authorize someone ehe in nuke a charge, w yourAaoont Each person who is included within the ddrniuon of the term -woo', above, is responsible in pry the full amount owed on the Account We may require tut you pay the frr0 amount owed without fast asking the doer per, to pay. Al payments must be made in US. dales Any payment made by check or over nego Liable immanent most be drawn on a US. bank or a US. branch of a foreign bank Subject to any mandatory provisions of applicable law: we will apply-.your payments to the balances in your Account in whatews hrurhrerwe oiercmine. Credit Ime/Amhorced Usagtt Your credit line is shown on the folder containing «orCand %im we may tai' nee your credit fine from time o time, your laths credit Gm will appear on your monthly statement You agree not in make a Purchase or obtain a Cash Advance drat would cause the unpaid baba of loo Account to careed your aedt line. We may honor Purchases and Cash Mimes in aces ofyour edit line a our sole discretion. If we do, this Agreement also appfsm in that oral and you agree to pay the ezc? immediately if we request chair you do so. You agree dutwe may change or anccl your credit lute a any time wiihon affecting your obligation to pay amounts that you owe under this Agmentaht We may designate that only a portion of your credit line is avA&blc for Cash Advances if we do and you esceed door limit you will be considered in have araeded your credit lint for all purposes of the C rdmanbe Agrcanrnt For security maim, we may limit de number "dol- lar amount of Puurodhase, Cash Advance and/or Conenierrc Check amisamass that may be aomm, pushed with your Card or Account, and we have die t*ht to limit audhormafions to make Purchases or obtain Cmh Alva ces ffwoc musicl r it necessary ro verily, payments received co your Account Periodic SM--ts: We will send .a'suemrnc at the ad of each monthy bhlimg tide m.wuch your Account has a debit or credit balance of move dun $1.00 or if a Fauna Surge has been imposed Among other things, your monthly statement will show your New Babsue, any Finance Change, your attic line and available credk your Mumitum Monthly Payment and the Payment Due Dare. Mich m Mouddy Payment: If the New Balamcc shown on lour monthlymtment Ls less than $10.00, your Minimum Monddy Payment (due by the Payment Due Date) is your New Baharhce Odhawist, the Minimum Monthly Payment for each billing cycle will be the greaser of $10.00 or the mod of (1) 2% of the New Balance, phi (2) any, amount pit'. ue, plus (3) if we w deed env amount tamer your credit line at the time of billing. You hn iv pay more than the M1whimum '',louddy Payment and may an. arty time pay the full amount you owe To Finance Changes Tbere is a mdnhnwn FINANCE CHARGE in the amount stated in the Table of fnterest Charges in any billing cycle in which yon owe a FINANCE CHARGE We calculate the 'balance subject to FINANCE CHARGE" separately for Purchhues and Cash Advances. For Cash Advances we will add a Periodic FINANCE CHARGE from the day you sake the Cash Advance until the day we receiwe payment in full. However, you have a grace period for Purchases. You will not pay a Periodic F94ANCE CHARGE on current or pretious Purchases if you paid your New Balance in hill by the Payment Due Date on your previous staesncnt (or that balance was zzm or a credit amount) and you pay your Nov Balance in full by the Payment Due Date on your ClAn'M satament To cicetmine the Periodic FINANCE CHARGE we apply (he applicable Daily Periodic Rae to die (lady balances of Pun:hases, Cash Advances and previous billing cycle Prrdhasrs. The sum of tnesc daily calculations is The total Periodic FINANCE CHARGE Purchases and Cash Ad%wm are indud. tai in y mr daily balance as of Te leer of die Transaction date ur The beginning of the billing cycle it which They am poser to year Arcouw (oorep( that C inw icmce Chsrks alwuy% arc included when ari rural by Ibr fnyr+). i 'IL.. coil) ImLinca for rwnmt hive [''urrir:mvs and Cish Advanru and p(,,,). Putdcaas are t ?k nL.mel scP:mucly and dcn?r minor] as f•dl.;ws: 1. ...rnl Cyrl•• I'urt?tare-: m(d Midi Adorns. W, .(,n( wit( fill ?nhr.cmdt, L.d:mrc tai die Ix'r;ufsum,.d Ilea.n..,it biiting,plr\t. f?Lod(olxq;inning h.d.furnl lit. L.rx and(Ssb Advinr. - oh your Acromm cult (11M-, which irhtrles Any Paiodte F7FIANCE CHARGES takulatcd on the Iw i- An day's balance- all ay new Purchases; (inikx img Ices d A arc treated as Pirrdraes) and anew Cash Av?nres aryl drat sdwran MIN paymrnns ur credits. This gigs us the separate daily balances for Rrdu and Cash A&=cm W-9 cydr- We take 'he 2-hei' 60/de 'Ac statiunh the ousondingbaiare a the bepmmg0f the prcious nd c} add 2 dC while wv d Kks arrc Paiod?FVQJ4CE CHARGES ARGES yaurA an the hetads t balance. a d caku?ed add edn" ne _ Per ?a?erCuKhding far dot ere uct(cd as Purdure[) and strberatanys ppnents or. a t separae duly balance for previona Wfmg cycle Rmdos¢ Flowcver, the daily hahrre for c This previonrs yd hmdoses maomdeed m beaaofar ,bdyof the pntwintts if YOU Paid in fill the New Balance on, youc previous st -wet the br"K cycle FINAN? CfARGE was ahody' on the the by- Due Date-or a Pesimdo pwdnae'a-med on Yoxrpm+ioasa[arnent t<we have 'periodic rate offal in effect hum time m rimy we VA xyar? der10fY drab on )our nmrnthfy stanenrsht and separatly dndae on Your mor+hhy matt rise hubwes b which the spinal offesappiy. Huse halamos and the reisred PeiorGc FBdAN? CfFS will be d- calatedindnesumm mheras described above far mneK rPfeviotscycle mamrtions.aappfiablc figure amonc? of the Furore Qurge on Your Athawm bvadding amnetime CashAd> FFNANCE QfsSR each Cash Hance when it is abtairreL The amount of the Cade Advance FINANCE CHARGE a stated in the Tank of hnteet Crags The mW MOLNCE rMance ? ao your Account for a monthly WE%cycle will be the sum of the Period pl antyCahdhAdvamoe F7NANCEQfARCM. This Agremnentprovida fotpncaudigaf Firnare t]targrs Cm[eat). . - Od" kkaest Cage,, In addition to the Finance Gargus disarmed abowe, the ti'wm g it,erea charges wiff be myourAocame ? ?agtee to pay a when bared each year (srejea m appGobk federal beraV fee in the amount sated in the Tabk df for the privdc?s you hue wrier chi: Agreement where a not yam asadse these MdtgmYmr p+ymrnc e>Edhn fee yell scot affect any of one rights wrier thi Agreanrer4 indtuGogour sight m femur weyarAtoomt late Fee - If we do not receixe a payment from you In as kart the amount of your kfinimum Monthly Payment by the Payment Due Dare shown on your morn7,d,d?y staranent, we may doge you a late payment fee in the amount shred in the Table of lnw= --4 . You will only be charged one but payment fee for any Wmimum Monthly Payment which is not pad by the Payment Due Date. Rearm C6edr Fee - If your bank does not honor the check you gave a to pay amounts you owe under this Agreemem, or we mum reams a check because it is not or is my stoned otherwise uheguiar, we rJurge you a returns check fee in theamountstated in the Table of Interest Qsatgq Ov rfmit Fee - We have the right to charge an oedimit fee in die'amoum stared in the Table of Interest Charges: (1) if your Account balmm exceeds your applicable credit line a any time during a monthly cycle; or (2) if you make a Purchase or obtain a Cash Advance at a time when your Account balance is ova your credit fine. Admahisnati`e Fees - If you request photocopies of sales slips or duplicate copies of monthly sate- ments• or if you request more than two Cards or any spedal services such at.obaming Cards on an expedited basis, you agree to pay our reasonable charges for such services, as from time to time in c(lece The ptesatt charges for such services are specified m the Table of Interest C a gm However if you request tams such as sale slips or dupficme statements in connection with any disputed billing m amer (sec'YorBrLing Rights"). we will not impose a Ice ifa billing morn <.Edosed Unless otherwise arranged between us, the annual membership fee and any Late, team check, over- limit or admi rive kewill be added to your Account and mated as a Purchase Default/Collecdou Costs Your Account will be in default and we may demand immediate payment of the rntire amount you owe a without gymg you prmr notice K (1) in arty month we do ma motive your llfmas u a Monthly Payment by the Payment Due Daic (2) you make Purchases or obtain Cash Adanca in eroea of your coedit line (3) you fad to empty with this Agreement; (H) there's a filing ?tyour lonkruprcy: (5) you die or become inapaadta[ed; or (6) we believe in good bafdh that the meant Pefohmrhoe of your obligations under this Agreement i impaired for any other rn?n pay- ppac?mmn?atd by aPPfi°?e law, you agree to Pay 211 cd(omon expenses actually incurred by a in the col- . lection of amounts you owe under this Agreement Cmduding court ohm and the Ices of any collation agency to which we refer your Account) and, inn the event we refeyourAcoowt after your default m zn amarney who is not our regularly salaried anploM ycxt agree to pay tic reasonable lees of such am) - nej. We will not be obligated m honor any attempted use of you` Amunt if a aefatt Its occurred nr we have determined to wr mimatr murAccountor limit yauArcoum privileges (azdi tid below). 'r:.'f?`= t r-......t / Arbiuar:on: Any claim, dispute or controversy (`Claim') by time ;rota or a against the other, or against the employers. agents or assigns of the otter, arising from or relating in any way m this Agreanrnt or your Account including Claire; regarding die applicability of this arbitration clause or the validity of the entire Agreement, shall be resolved by binding arbitration by the National Arbitration Form, under the Code of Procedure in eflea at the time the Cairn is fled Rules and forms of the National Arbitration Forum may be obtained and Claims nay be filed at any National Arbitration Form office, wwwarb-farmn.com, or P.O. Boa 50191, Minneapolis, bfinmesota 55405, tdephone I-~4-2371. Any arbitration hearing at which you appear wdll take place at a location within the federaljudiaal dmaia that induces your billing addressat the time the Claim is filed. Thu arbitration agreement is made pursuant m a mansmtion inmlving intestate commerce, and shall Lw governed by the Federal Arbitration Act, 9 U.S.C §§ 1-16 judgment upon any arbitration award may be entered in any court havingjurisdieuon. 'this abiuation agreement applies to all Claims now in existence or that Huy aria. in the futurt exec hr for Qaims by or against any unaffiliated third parry to whom ownership of your Account may be assignmi afa:r default (unless tha( parry clecis to abum(c)- Nodung in this Agrcient shill be con- saud era Pfwn( anY s use. of or:dvuheement of an parry's ( any 7.tims, drfmxs, ear on.1 in) laaniirupuv or re(r.h:ae;;ioh rcpltwh, ysdicialfontthxurr. or any ulcer prephdgnhent or pernisioeral rennaly relating pm.u , di,-ocrr srcruity uode•r thi Alt, ry iNrnxts fw nmtra.:nd dabs nnw nr hsr efu r n wYl by rith? r v ?ithm s Af?n IN II IF AI:'d m:y.. e aF '11115 "'I'M IRA'1 ION ACKF.EMFNI Y(A A',.D R'I?: N.41' UIl II'Rlvl'11' IIA% HAD A RIGHT OR OM)R'R-Nll)' TO [Xn(;ATF (lAl\IS THROI'(:H. A COCx)-. . A\U/OR TO PARTICIPATE OR BE ntIMIFSE\ M) IN L1TK;ATI0\ FBA L; cOURT BY OlI I. .. ERS, BUT EXCEPT AS OTHERWISE PROVIDED ABOVE, ALL. GAINS (UST NOW BE RES YED THROUGH ARBITRATION. Taameits" We any tamiaae you privileges under this Agreement w Rim sour right a make P udnsm or obtain Cash Advznnem at am time (and fm your Atoms. in w Mg boBeoir) without notice or bbffi y. ff we ask you mm raison voter Cards and any unused Comeenaae Checks to us. Min hahC You agree that you wig not try m make a Purchase or obtain a Cash Adman, afieyou have been tsaeGed that your priw'kaae so me wbur .account has been tenmmed. You war?tmmmm. the Agremnen( a any otnc 11)- do you nun return to us 28 Cards and Came niemce Checks P?o?'dY issued on the Aemunt If you dl us, we may require dam )our mnlhre your intent to terminate j, wt. 09 Your or our termination mail( not affeta your existing obfyam m under mho Agreement or. you 0a biller for all charges posted n Your Account Pion' to she tme a8 Cards and umtssed Convenience Checks mined no your icmurntare returned m its Naties We-0 sad statement; and ary other notices to you a the adder shown in ourfe, If dine is ajot actumt we can send mtenmemn ad node= m tidner of you. You promise m inform us pfolle the Wising of ? S a your address. We may in ou dmaedon a¢epl addles come: now: Foreign Cone-T Tatmurioas Transactions m foreign curnabdc will be eomessed to US. Dollars and pasted to your Acootnt a the ovJunge ate dernnincd by k(asaGad a VISA (a their aBslF am), acing their then current currency comter3lam procedures and dnsgm Cu nee*, the O11enq conversion rate is generally eithra vthol®le market raw ore gov=mmrtmaredased rate im edcaon the dare ai Mari-ors, iatatacod by the applicable er mvvm daege determined by Manus and or VISA Tim an'mrncy comw>aom rase used oq the convention date may dilyelion the rase in dfc t. on dmc dare you uwd youCard orAmommt Skip/Promotional Formes: Frain time to mmc_ we may let you skip err Mohr,, rune nr more monthly papaam during a year and/or we may ?posarr7y seduce or egmmme cetam Fuunce Charges ur _ a8 wa portion ofyourAcco Account balance err a$cryoi odw.rspetal same B'we do. we wA achisejon of time scope and dusa.?fim?I?,o?f the applicable ?!p or pranodera( feamue When the skip u Womdmnal . kaone rids, your regular rafts and temps wall resume. Change In this (CE Agri t We tam change the terms of dais Agramcm,irMudingtheANNUAL PER- arry fm a any time We wi8 madly yon of the change As pcmrst?d by apple able law. any change in this Agreenment will become a ffecrive a the rime meal in our notice and mks we rote otherwise, the change will apply to all outstanding balanem in your Account as well a in new transactions. Credit Information: You agree that we may request comaama credit reports from one or more credit reporting agenda in connection with your application and the administration of your Account You also aurhoniae m to exchange aedit infomamam mneeming you or your Artutim with (and amwer questions and requests Croon) others, such as merchants and credit reporting agencies. We may share information about you with our affiliated companim Sh-vK Information with Affiliated Compamies: We may share information about you wish per afSGat- ed c,14.mim You may request that we do not share imfatmpon (other than dat related to your AmasO with or -IFET a by wrong to m a Feu USA Barak, NA, FORA Opt Out, P.O. Box SM. Wi xmV*o, DE 19899.8%5. Reese mdudeyor vane, address and actormt a mbrtwilhya coquet Cardsm®ber Lists From time to time, we may share our ardmenhher lists with companies whose products and services we think will be of interest to you We carduiy review these offers to make sure they mot ou stmdaid You may request that your name not be given in throe crompantm wrtin u sat Fire USA Bank d NA, P.O. Box 8651, Wdmingtoa, DE 198998651. Please- imiude yo r ram e address and account ntmbe with your request Phone Cage In the regular course of our btmuess we may monitor and record phone ronwawns made u reraved by our empkay m Yau agree that we will leave mdt right with respect to all phone comasatiom between you and our employees, whether initiated byyou or any of our employes Refinsal To Hamer Card: We we not responsible far refusals to bon" you Card or Convenience Checks. And except as otherwise required by app cable law or regulation, we will not be responsible for merchandise orserviar purchased orlaxd duwh mgit useofyorAccomt laegudar Payments And Delay In Enforcement We an accept law payments, partial payments, checks and money orders marked Taid in Full' or language having the same effect without Imiugmy ofour rtgha under this Agaanent. We can auo delay enforcing our *be under this Agteeman my nun her of tiuhm without losing dress` The fee that we may at any time honor a Purchu se ,.r Carla Advme• iu excess of rut rm;ar atm eedit lux dam not obligate is in do so again Liability Fw Uv:utlwrized Use Of You Account If your Card or Cone mience, Caerks err lost or stolen or if yen: ere afraid someone may use your Account without your permission, you most notify us at once You any be liable for that unauthorized use of your Account You will not be liable for mow thorned use that octws after you notify Fitt USA Bank NA, by writing to to at P.O. Box 8651, Wilmington, DE 19899.8651, or verbally by calling ns at 1-800877-7101, of the loss or theft of your Card or Convenience Checks or the possible uuaudharized use of your Account In any case, your maximum liability is $50.00. We may terminate or limit am= to your Account if you have notified m u we haw: determined that your Card or Convenience Checks my lave been lost or stolen, or the there any be unauthorized access to your Account. Assiemmeat We may at any time assign yuurAccount my sums due on sour Account this Agreement or our this or obligations under this Agreement The person(s) to whom we make my such amgo- ment shall be entitled to all of our rights under this Agreement to due extent assigned. GOVERNING LAW: THIS AGRFEMEW AND YOUR ACCX)UNf WILL BE GOVERNED BYT74F IAW OFTHE STATE OF DELAWARE AND, AS APPLICABLE, FEDEM. IAW. Inquires Or Questions You may address any inquiries or qucstons which you have abort your Aununl to. Iuzt USA Bank, NA, PV. Rex 8651, Wdmingtnn, Ddawale 19N795651, nr you nay (Mil uF I8IXNa77-7101. I pm x¢Icplhonc m instry) tit wvitiug, pw nay bur tzrtain dghu dm law 6^`^- pin to dopuu: billing rsrors (Y,: Yaw 8dlinr Rights-) . YOUR BJWNC RiCIM " This Nome, For.Faume Use _- T1,u more eontairvs imlxntvn imGmmatitwa :dorm roan right atilt mar tcsp01141"I'ties miler the Fair ('edit Wing Act Notify Us in Cs Of Frhors Or Questions; About Your Bill if you think your bill is wrong. or if ?att need mac in(w°ution abaft a transaction on your bill. write us on a scparate sheet at Fun ['SA Bank. NA, P.O. Box 8651. Wilmington. Debiaie 19899- 8651. Wine to us as soon as possible We mast bear from you no late' ikon 60 days after we sera you the fast bell m which die error or problem appeared. You tsn telephone us;but.doi g so WE WE pe-yourrighm - _ _ , .... in your later, give as the following information: • Yaruumeattd accmmht nurnbcr. • The dollar amountaf the sagnrled eta. . 0r5ai6e the enrorarud explain ifyou on, whyyou believe dherc s an rnar. B'you need mote infamntion, describe the ite n you ate not sure about. Your Rights And Our Responsibilities After We Receive Your Wrium Notice We must admovd-tige your lever wuhim 30 days, on[=we hate veneered fie erta by then. Within a 90 days. we hmtAeiduer clarmc, the caor or explain why we befieve the bill was correct. delm Afrrwe tenavc your k-ttlr,'vc cbrhtol try o caBertanyamomhtyrr?4fwttoc chatgrr vtd w-: - t -. gttenht We tan txanliaut to fill you for the araomtt yet cut apply my unpaid amount Against your credit yarn You do not have b pal any quatiorr.. ametrnwhiic we are investigating. butymu arc still obligated in pay the parts of your bill that arc nit in tptestiom- If we find tut we made a mistake ma your bill you wig not have to pay any fimnoe charges related to i any gttcmoned amount. If we didn't make a mistake, you may haw: w pay finance durges, and you will haw: w make up any mined payments on the qucmmred amount. In eidty tau, we will send you a smsrnhem of the amount you owe and the date tut it is due. If you fail to pay the amount that we think you owc, we may report you as delinquent However, if our oyLutation does not satisfy you and you write to m within ran days Idling m tut you still tefilse to pay, we must tell anyone we report you to that you haw: a question about your bill. And, we mutt tea you the name of anyone we reported you to. We man tell anyone we report you to that the mat- ter has bleat sealed between us when it finally a. If we don't follow these rules, we cat at collect the first $50 of the questioned amount, even if your bill was correct Special Rule For Credit Card Pusrcha ff you have a problem with the quality of property or services that you purcluud with a credit card. and you have tried in good faith b correct the problem with the merchant. you may have the right not in pay the remaining amount due on the property or servicm'There are two limitations on the right (a) You mum have made the purchase in your home mac or, if not within your home: smote, within 100 mda of your current mailing addrM and (b) The purdiase price maul have been mote than W. louse limitations do nor apply if we own or operate the merchant. or if we mailed you the Advertise- memfor the property orwrAirs. FIRS V S1. ir=. M-24275 7/98 9.90NA iMPF1JSA-QCC J CERTIFICATE OF ASSIGNMENT I, Lly(c,P hereby depose and state that: 1. I am them ? ZL?W lq4of CACV, Inc., a Colorado corporation. 2. As such, I am authorized to give this Certificate, and possess sufficient personal knowledge to do so, regarding. Customer Name: Rae M. Kramer SSN: 194-34-7782 Original Creditor & No: Bank One # 4266 8699 9976 6446 3. This account has been purchased by CACV, Inc., from the original creditor, Bank One, for good and valuable consideration, with a past due balance of $8,994.75. 4. After reasonable investigation, there are no uncredited payments, just counterclaims or offsets against such debt, and no timely allegations of unauthorized use of the credit card underlying the account. Date: Swom and subscribed to before me thi VERIFICATION I, Ca-rI hereby depose and state that: I am the and a duly authorized repr ntative of as such, I am authorized to give this Verification, and possess sufficient personal knowledge to do so; the factual allegations set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief, and they are that Rae M. Kramer SSN 194-34- 7782, owes the principal balance of $8,994.75 on Bank One account number 4266 8699 9976 6446, which balance is due and unpaid as of the date of the execution of this Verification. I hereby verify and certify that the foregoing statements made by me are true and correct to the best of my ability and recollection. I am aware that if any of the foregoing are willfully false, I am subject to punishment. By: 6Cc,._. 1/L - Dated: _N-rriP_ L• ' (Print Name & Title) Robert M. Reibstein, Esgsdre, being duly sworn and according to law, deposes and says the he is the attorney for Plaintiff herein named; that he makes this affidavit being authorized to do so; that he is acquainted with the facts set forth herein; and that said facts are true and correct to the best of his knowledge, information and belief. Robert M. eibstein, Esquire Attorney for Pla Mff SWORN TO AND SUBSCRIBED ME THIS 2?Y DAY OF Sea! ,, Notary ?u?n- 1 X -k "( O oc n ci? 4 fl , ?I 1 ?v n f ? f ? T J f 4? V J T cn ? CACV, INC., as assignee of : IN THE COURT OF COMMON PLEAS OF Bank One fka First USA Bank, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. Civil Action RAE M. KRAMER, Defendant No. 02-3095 Civil Term NOTICE TO PLEAD TO: Plaintiff, CACV, Inc., as assignee of Bank One fka First USA Bank, and its attorney, Robert M. Reibstein You are hereby notified to file a written response to Defendant's enclosed new matter within 20 days from service hereof or a judgment may be entered against you. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: /,?/dZ_ By: Bradford Dorrance I.D. No. 32147 210 Walnut Street P. 0. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 ATTORNEYS FOR DEFENDANT CACV, INC., as assignee of Bank One fka First USA Bank, Plaintiff V. RAE M. KRAMER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 02-3095 Civil Term ANSWER TO COMPLAINT WITH NEW MATTER 1. Admitted on information and belief. 2. Admitted. 3. Admitted in part; denied in part. Exhibits A and B speak for themselves, and to the extent plaintiff's allegations deviate from the terms of those documents, such allegations are specifically denied, and proof is demanded. 4. Denied. After reasonable investigation, plaintiff is without knowledge or information sufficient to form a belief as to whether she has failed to pay any sum on account of the alleged obligation. Accordingly, such allegation is deemed denied and proof is demanded. 5. Admitted in part; denied in part. Exhibit C speaks for itself, and to the extent plaintiff's allegations deviate from the terms of that document, such allegations are specifically denied, and proof is demanded. 6. Denied. After reasonable investigation, plaintiff is without knowledge or information sufficient to form a belief as to whether she has failed to pay any sum on account of the alleged obligation. Accordingly, such allegation is deemed denied and proof is demanded. 7. Denied. After reasonable investigation, plaintiff is without knowledge or information sufficient to form a belief as to the truth of the stated allegation. Accordingly, such allegation is deemed denied and proof is demanded. 8. Denied. After reasonable investigation, plaintiff is without knowledge or information sufficient to form a belief as to the truth of the stated allegation. Accordingly, such allegation is deemed denied and proof is demanded. WHEREFORE, defendant requests that the complaint be dismissed with prejudice and with all costs taxed against plaintiff. NEW MATTER 9. The complaint fails to state a cause of action upon which relief can be granted. 2 10. Plaintiff has failed to comply with various state and federal laws, including the Fair Debt Collection Practices Act. 11. Defendant demands verification of the debt, including all payments/credits and the attorneys' fees, interest, and other charges set forth in the complaint. 12. Plaintiff's cause of action is barred by the applicable statute of limitations. WHEREFORE, defendant requests that the complaint be dismissed with all costs taxed against plaintiff. Defendant requests such other relief as the Court may deem appropriate. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: ??wZ By: GGG Bradford Dorrance I.D. No. 32147 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 ATTORNEYS FOR DEFENDANT 3 VERIFICATION I, Rae M. Kramer, hereby verify and state that: 1. I am the plaintiff in the foregoing pleading and have personal knowledge of the matters set forth therein. 2. The facts contained in the foregoing answer with new matter are true and correct to the best of my knowledge, information, and belief. 3. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: Ra Kr mer CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving true and correct copies of the foregoing document upon the person(s) and in the manner indicated below: First-Class Mail Postage Prepaid Addressed as Follows: Robert M. Reibstein, Esquire 705 Montgomery Ave. Narberth, PA 19072 Dated: //S/p Z ` l Bradford Dorrance C7 ? _ ? ?-? ?= r?? -. ? ?n'r ?a= r ?° ?.? ?? - _, , _ ?:_' _? ?- - ? ^,7 ?? John R. Ninosky, Esquire I.D. #78000 GOLDHHRG, HATZMRN i sHIpmN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff KARA J. WALTERS, Plaintiff VS. TERESA BAKER, Defendant TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 02-3174 PRAECIPE PLEASE enter the appearance of the undersigned on behalf of the Plaintiff, Kara J. Walters, in the above-captioned matter. GOLDBERG, KATZMAN & SHIPMAN, P.C. By Johi/ R. Ninosky, Es ire Attorney I.D. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 DATE: July 17, 2002 Attorneys for Plaintiff 82199.1 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid as follows on 747 Law Offices of Ron Turo 28 South Pitt Carlisle, PA 17013 Attorneys for Defendant GOLDBERG, KATZMAN & SHIPMAN, P.C. By: John . Ninosky, Esqui Attorneys I.D. No. 78000 P.O. BOX 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiff (717) 234-4161 82200.1 r? c? -, : _; ?_ ?: _, qtr'' ?_?? _- Fir (f) - __ __I l !) ?? ? C ~i f ? r?_ ? ; -?? ° ?' r?? SHERIFF'S RETURN - REGULAR CASE NO: 2002-03095 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CACV INC VS KRAMER RAE M BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KRAMER RAE M the DEFENDANT at 1915:00 HOURS, on the 1st day of July 2002 at 238 INDIAN CREEK DRIVE MECHANICSBURG, PA 17055-2526 by handing to RAE KRAMER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this ?6? day of a A.D. ProthQ. onotary So Answers: R. Thomas Kline 07/02/2002 ROBERT REIBSTE By: Deputy Sherif ROBERT M. REIBSTEIN, ESQUIRE 705 Montgomery Avenue Narberth, PA 19072 (610) 664-1999 Attorney I.D. No. 20456 CACV, INC., AS Assignee of Bank One fka First USA Bank COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA vs. RAE M. KRAMER NO. 02-3095 CIVIL ACTION CONSENT ORDER FOR JUDGMENT THIS MATTER having been opened to the Court by Robert M. Reibstein, Esquire, attorney for Plaintiff, CACV. Inc. As Assignee of Bank One tka FIrst USA Bank, and Bradford Dorrance, Esquire, as attorney for Defendant Rae M. Kramer, and it further appearing that for good cause "? shown and no cause being shown to the contrary; IT IS on this iday of a"-E2; EREBY ORDERED that Judgment be given and that same is hereby entered against Defendant in the sum of $12,500.00 including record costs. WE HEREBY CONSENT TO THE ORDER AND ENTRY OF THE WITHIN ORDER: ROBERT M. REIBSTEIN, ESQUIRE Attorney for Plaintiff J BRADFORD Dorrance Attorney for Defendant n l'o Iv ? Y \ N r A N, ? a Z ? A ROBERT M. REIBSTEIN, ESQUIRE 705 Montgomery Avenue Narberth, PA 19072 (610) 664-1999 Attorney I.D. No. 20456 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CACV, INC., AS Assignee of Bank One f ca First USA Bank Vs. NO. 02-3095 RAE M. KRAMER CIVIL ACTION STIPULATION TO FOREBEAR FROM EXECUTION THIS MATTER having been opened to the Court by Robert M. Reibstein, Esquire, attorney for Plaintiff CACV. Inc. As Assignee of Bank One fka First USA Bank, and Bradford Dorrance, Esquire, as attorney for Defendant Rae M. Kramer, and it further appearing that said attorneys have consented to the form and entry of a Stipulation to Forebear from Execution. IT IS on this t day of 5ef 1e4w1j eA ) DEREBY STIPULATED AND AGREED by the parties as follows: 1. It is understood and agreed that relative to the judgment entered on Q 2? 2,"'?L of 2002 against Defendant in the sum of $12,500.00, that no execution shall be initiated on said judgment so long as Defendant makes minimum monthly payments in the sum of $200.00 commencing on or before November 1, 2002 for a period of 62 months, and a final monthly payment of $100.00. All payments shall be made payable to Plaintiff and be received by Plaintiff s attorney at P.O. Box 527, Narberth, Pennsylvania 19072. i 2. Anytime prior to the payment due on or before November 1, 2004, Defendant may pay 80% of the then-remaining balance in full satisfaction of Plaintiff's judgment. 3. Default shall be deemed to have occurred in the event that any of the aforementioned payments having not been received by Plaintiff's counsel on the appropriate date and thereafter having not been cured after a period of ten (10) days with notice being given to Defendant and Defendant's attorney by First Class Mail, Proof of Mailing. If default occurs and is not cured after the appropriate notice, then Plaintiff may execute on said Judgment without further notice to Defendant or Defendant's counsel having given Defendant credit for any aforementioned payments made as against the aforementioned judgment sum of $12, 500.00. If default occurs and is not cured, then it is agreed that interest shall accrue on the unpaid balance of the judgment at 6% on an annual basis from the date of default. If default has occurred and was not cured, then that is the only time interest will be assessed. ROBERT M. REIBSTEIN, ESQUIRE Attorney for Plaintiff FORD DORRANCE Attorney for Defendant 7, 1 --Y . 17 , t ROBERT M. REIBSTEIN, ESQUIRE 705 MONTGOMERY AVENUE NARBERTH, PA 19072 610-664-1999 ATTORNEY ID NO. 20456 CACV, Inc. assignee of Bank One fka First USA Bank VS. Rae M. Kramer IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO.02-3095 ATTORNEY ID NO. 20456 CIVIL ACTION ORDER TO SATISFY JUDGMENT TO THE PROTHONOTARY:' I Please kindly mark the above captioned judgment satisfied in full. ROBERT M. RE STEIN Attorney for Plaintiff ? ? " ? __ - ° '' c ' . ?- ,w'r7 -- r ' ? r - !-r. ?I r ? ?.? rY -? ?i. t ? .?^ ? . { v?_Y "T*° _. ?? ..,a C. ?`; -G