The URL can be used to link to this page

Home My WebLink About03-3365 COMMONWEAL TH OF PENNSYL.VANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT C'uiL'!&.""1 COMMON PLEAS NoC>3-~3'-S NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NA"'. 6'FA.-"~e:LLAJ'n I MAO D'ST. NO. OR NA"'II!: OF D.J. The May Department stores/d/b/a Hecht's 09-1-02 CITV ST"'TE Z'P' COOE "'1;10"'"'55 OF .......ELL......,. 111 Boulder Industrial Drive ,.. T"II!: CAS" I;IF ,p,.,.",,, ill,', Bridgeton, MO 63044 g"'TE OF JUO...M~N'" 6/24/03 May Department Stores d/b/a Hecht's v. Dawn Rob~son CLA'''' NO. S'........TURIE 0'" "'....II!:LLA..T OR "'5 "'TTORNe:V OR ",,,,"NT iXIXXlJi X LT 20 CV-?10-03 /7..9 ThiS block will be signed ONLY when this notation IS required under Pa. R.C.P.J.P. No. 1008B This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. If appellant was Claimant (see Pa. R.C.PJP. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days aft!!' filing hiS NOTICE of APPEAL. Signarure of Prothonotary or Deputv PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (TIlls section of form to be used ONL Y when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. lD01(?) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon , appeflee(s), to file a complaint in this appeal Name of appeI1ee(s} (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or his attorney or agent RULE: To Name of iJPpellee(s} , appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not Ide a complaint within this time. a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date:. 20 Signature of Prothonotary or Depl.Jty AOPC 312-84 COURT FILE TO BE FILED WITH PROTHONOTARY ,( COMMON\NFAL TH OF rFNNSVLVANiA CQljr'>:TV OF _______ ,;,:s AFFIDAVIT: d-, C,i ,1\( in ;ild' i 'J ''cPr] {l eLl! ()t t1'11' N01 {dati" ('fs("'v '-'I.') of Anpr ill, Curn'non Plf:d.; Ni) : ~o hi p, 'son,;1 Vi(;t' f \Ci',i : i;:li) j'I>J '(; pt ';\ti' (-t!" l,j\'(10(' ,npi'il" 'Ia!/;o) p,:<;,;;',j) '''1', (JiVl [,Ii il',(;1 ihdl I Selve,! 1r1(" Hillf,' ~I pUll i h U '0:; 1 ,!d' t,; 'J',' Fiil' ;-: CUlnpiiliiit d1'{;)r1ii\Yly,r'q (ile d!)C)\'" Nui 20 1 by [lC\(jIi;j' ';1 i\Pl1' d' ai()i' ill' JP!> bv ((:(1 ."! "vhe 11 th,~ Ruif' \'<1$ yjd;csS(~d on mali, sender's recoipt :;tlachwl ilf"i~ro ':'J\N()~;(< j:'.J<L\ SUBSCHiF LI Hi I>;)fli< tHIS D'\Y OF S:qnMur;' 01 oifl( ia! iy1o'/ v,rhut7, affidaVIt Wi!.) rnd[j!' Titf( %fflcliJl CCJ(1)('n~S~il(ln "Jr' " on ~ --- ~ (), ~ o \. R.) -.J VJ-0 r ~ t -L.. -{.Q. ~ ~ ~ t _';1'st, ",'1:; ';'\iCi 1:-':1 ~i '; 1", U' ,iU [1\;(\;10 S,qil./tU'-, "II affidnt '. NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF/JUDGMEW!YJ~o~AS E r;; N~Ea~ADDR~S ~ THE MAY DEPT. STORES DBA HECHT'S .111 BOULDER INDUSTRIAL DR BRIDGETON, MO 63044 L 10--- -" COMMONWEALTH OF PtNNSYLVANIA COUNTY OF: CUMBERLAND I' Mag. Oist.No', 09-1-02 DJName: _Hon. .~ ., ", ROBE~T V. MANLOVE Aii~;~!8v 190;J. , STATE STREET .';'i" ' cAMp HILL, PA vs. . . DIOFENDANT/JUDGMENT CWIJ;\j>lJiDRESS fROBINSON ,DAWN Hl27 YVERDON DR CAMP lULL, PA 17011 (" ";'.'.;' '<t"t":, ---',.::':' _ ' .. tei,,;;;,.. i717} 761 "0583 '17011-000,0 ,,'. "J,,', ,...y..-.' '-, ", ...., ..,'.'. ' A'l'TdmfFoR PLAINTIFF Ro;"'i.. OPHER, ESQ. 1PO;:~OX 2245 SOPTHEAS~ERN, PA 19399 L Docket No.: CV-0000230-03 Date Filed: 5/23/03 .-I .., , ~"-," .. .. ...... ,~ - If :rllS 1,$ TO NO~'FY YOU THAT: Judgment: [i] Judgment was entered for: (Name) [i]~~udgment was entered against: (Na.me) DEFAULTJUDGMF.1I1T DEF. ROFlTN$()1Il', DllIW1Ij' THR M~vnRPT. STORRS DB~ HRCHT in the a,mouni of $ ,00 on: (Date of Judgment) fi/?4/0'" if2j,p~fendariisarejcijntly andseyeraliy iia,b!e,. ," i:" ..([late. $<tirne) ,:Cj,~i~-~~:~~,:;~"'~~s~ss~~t+~~:')\:ti~';'";~\-;7~~~;:"~;',:~;:;;~-i': -1~~~n~~2~~s~'e~i.' ,',,;' ,', <.ri ., ..,. .' ',/,. .'., Interest on Judgment 'i!i.;gJ~U,~.!S,??S~ 9lSmlSse,p ~Ithout preJ~9Ice. Attorney Fees . :".,' " ..,.. ..., Total '-".',;" _." 'ii"': D,' ., Amount of,Judgment Subject to Attachment/Act 5 of 1996 $ Post Judgment Credl1s Post Judgment Costs ".~ i ":'$.:";" $ $ $ $ $ $ .J "l .00 .00 .00 .00 .00 Certified Judgment Total $ ~--------_...- ------------ ;\; . '" , . . . . '.lINY PARTY KASTKE RIGKT TO APPEAL WITKIN 30 DAYS i\FTERTKE ENTRY OF JUDGMENT BY FILING A NOTICE oF' APPEAL WITH THE PROTKONOTARY/CLERK; OFTHE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU . 'MUSTINCLUOE A COpy OF TKIS NOTICE OF JUDGMENTITRANSCRIPT'FORM WITK YOUR NOTICE OF APPEAL. E)(CEPT As OTKE,RWISE PROVIDED IN TKE RULES OF CIVIL PROCEOURE FOR DISTRICT JUSTICES, IF TKE JUDGMENT KOLDER ELEC~STO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTKER PROCESS MUST COME FROM TKE COURT OF COMMON PLEAS AND NO FURTKER PROCESS MAY BE ISSUED BY TKEDlSTRtCT JUSTICE. UNLESSTKEJUQGMENT,lSENJERED IN TKE COURT OF COMMON PLEAS, ANYONE INTERESTED IN TKE JUDGMENT MAY FILE .A flERi:JEST'fOR ENTRY OF SATISFACTION WITH TKE DISTRICT JUSTICE IF TKE JUDGMENT DEBTOR PAYS IN FULL,SETTLES,. 0i1,q'fr~1\1~1 . ~O ;~~,I~:S "YITK,,:rK~ iUR,GI,!E/'jT. c ~ ' . -'''1:. ~ '=' - - '''~'~_y :---- ~ <", _ :ft-..~ > re' ; " !~'" ,~; ~.? --, :'. "Uale + ,:ti:...~t:J!t~,. ';'" ;4~~,~~~c~-_::--' ~rce'''I' rt;h thl.H"'t'~J. -,l"-".'-z'" "/)'.o.",.,",.i,:>il'k.~~;':U..4":",-..t;""i - I" ..... ~.~.., :llJ" "~... ..... "'." " "~,r'fl. .." ... ~, tI. , ," ".. '1",=&' j,," ".. .. .'. - --... ,/., / .. ....a ..... '.;I 'Ii' . .. ,..." ."' ~,.., -..!'...., "'it'..(,..:,.,:". & ~ ". L.-{. ",,~. , . 'r' .. ~ - \ '::;i.~'",' ,",'" ';" , ~ ','" ..""to.::.....- ........ '.--'. ,:~""'.~'~,~.~-'-- My corn miSsion expires first Monday of January, 2006 AOPC 315'03 DATE PRINTED: 6/24/03 .11:52:47 AM NOTICE OF APPEAL C~D"tONWEAL TH Of PENNSYLVANIA COURT OF COMMON PLEAS FROM JUDICIAL DISTRICT DISTRICT ,JUSTICE JUDGMENT COMMON PLEAS No. 63 -.3:21...S G ~ iL ~~ NOTICE OF APPEAL .; <i.\. ~ ~ NO~IC~IS given that the appellant has filed in the above Court of Common Pleas an app'~aj from the judgment rendered by' the District Justice o~ the~tt:~~; m the case mentioned below. "egRESS OP APPELI-...NT C1TV ~~~~;.. 0"0' STATE ",,,,Mil[ OFA....II!:L~-~.-- The May Department stores/d/b/a Hecht's Zt.. CODI!: Bridgeton, .MO 63044 111 Boulder Industrial Drive DATI!: 01" JUDGMENT IN THE CASE 0" '/'.".",.", on.'"""",,' 6/24/03 <:1,....'...."'0. ~-- , May Department stores d/b/a Hecht's v. Dawn Robhson l 'i/i.jtfNATU"" OPy,........El.,L....NiOR'tIS,.-.TTO"...IEY 0.. A'i-.:NT ,: t ~x C-V_110_01 LT 20 r-~--c----- -_ ThiS block will be signed ONLY when this notation IS required under Pa. R.C.P.J.P. No. 1008B ThiS Notice of Appeal, when received by the District Ju~ice, will operate as a SU:..~.R.:;?EAS to the judgment for possession in thiS case. /L5? If appellant was Claimant (see Pa. R.C.?.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature at Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (ThiS section of form to be used ONL Y when appellant was DEFENDANT/see Pa. R.C.P.J.P. No. 1001(7) inaction before District Justice. IF NOT USED, detach from coPV,of notice of appeal to beservedu.fJon appelleel. PRAECIPE: To Prothonotary Enter rule upon ,appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. l within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appelfant or his attorney or agent RULE: To , appellee Is) -. . Name of appellee(s) ,,~ .j', ; .-.t _.,~-- (1) You are notified that a rule IS hereby entered upon you to-file a complaint in this appeal within twenty (201 days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within thIS time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Dafe: 20 Signature of Prothonotary or Deputy I~ I, , I ~ --~ AOPC 312-84 COURT FILE ~ )f Bi::: (J) COr.,1MONWEAL TH OF PENNSYLVANIA COUNTY OF__ ,:os AFFIDAVIT: I h,.'rt'b\, ~VJCd: Or dffillr1 mat I served d C(;PV of tht' Notice (ddt!: of servlce)_ of /\ppe;JI, Common PJeas No, 20.. J _______, upun 1hl' by personJI serviCf': D Sll cj JUStlCI' des ()nc,tl~rj h 1 hy Icl'rtd'pdl (IUjistr?!pct! nn', p, ~) n ';endi,'I\ rf:U;lpt dttildwd i)( rUn imd upon the 20 dppcile(~, rOd/I'/(!) by fh'rsorldl scrvice I ()I I)y (ccr"iifict!l (rcnis Clf'd) rnwl, sender's (('CLiP! TtacfH!d hct(!(o imd hi;tlkl th;H 1 served the Rule to Flh:~ d COIf1iJldlf1{ dCCOrnpJny:nq the ;;Jhuvc NUliCt of j\pPCdl lipon :!H~ dppl':lel~(,) lu INhoiTl the Rule ,/;<:1S addrCS5f'cJ on 20 by fhnson,ll 3C:ViCl~! by (cf'niflc~d) {1i")IS!i; (;(11 !nail, sender's receipt attached hCif!to swanN (AfT1FiMED) AND :3DBSCFilBEJJ i3EEOHE Mic THIS DAY OF 20 Slqndtl..1J't' of affiant Siqodturf' of ofi,cia! before whoo~ affidavit was (Ha[ie T,(le of official My cmnmission expires on 20 ::r t:I t:I t:I postage $ certIfied Fee -- - t:I Relurn-~ Jl lE_ont <0 R......... _lll'/'" t:IlE_.ntAe<1U\1edl ru ,..,.._a.... $ t:I t:I l" 1 enl 11- CA -..-..-..-....'.. I ~.w.t.\-..._lSQ.2lY.}..!;:;;:.....,-_..~_...-_., Sii8<i:API.....' l071 L~.d"Jn'-- C1r .....-..-...-.......'- ... po sox No. " .~,w.......y........- II ..........,........P... .;............ . ., 'l 4 no city, SfIht. v ' ~ -:!'" =t- o o Jfll, Postmarrc .._~ PF\OOf QF SE=:RVIGE=: Qf NOTICE OF APPEAL AND RULE Tq. FILE=: COMPW\INT: (This prpof of seMce M(JST BE fiLED WITHIN Tt:N (10) DAYS AfTER lilinfl; the notice 01 a.ppeal. Chacl< appliqlble boxes) . CqMMoN1N~ALTH: Of P~~NSYWANIA CO~NTYOF CC(>1f3fLv,~D. ; 55 AfFIDAVIT:: I hereby swear or affirm thaI I served ~ o9~y of th,e "Iotice of Appeal, Cornman ~; No, m -. ;1"365 CIviL, upon the Elislricl ,J,USti.9.~ ~S..i,gnated, ,there,in on, (daJ~ of servic~l '::1'''''''-{ F3 ,2 , 0 by personal service ~bY (certified) (regist~redl mail, sander's r"Ce!~1 attached hereto and upon the appellee, (namel D~ f2,..J,p.O <'iY) on, ~ (I . u?, - ,20..,.J2.l.... Oby personal service ~y (certified) (regisWed) mail, sender's receipt attached hereto. D and further that' I served the Rule .-. -- - . . . . . whor:n t~e, Rule was. adqressed on ~ail, s~nq~r'~ receipt ~ttach~q t1ere~Q. to FHa ~ Complaint accompanying the abpve Notice of Appeal upon the appellee(s,) to , 20_, 0 by personal servioe 0 by (certified) (registered) , SWQR1iJA,F FfFIR,Mc,EDl AN. D SU..B~CR,LBED BE;FORE .ME; THIS ~IJ DAY QF: . ~1t.,1 '. 20.lZZ- 1'1r? ~ignatlJre ot oftir:iaJ-bBfore wh'1'-- affid.~vit ~~ made ~ t:2...e-J (!., oP~ /Sq.,J,e.e. SlgnatUrB; 9t affiant ~ Z. clf)~ fhn:> /uILov 4-r '--- ,ff c;7 S::Q Coo1t,..,.,...W~ ()I'I'I-I ,.20_. -Tit/8ofoffk;iaJ My ~!T1l1'\i55ion expire~ on.. VERlFICATIONUNDER 18 PA. CoSo & 4904 1. I verify that the statements made in the foregoing Proof of Service of Notice of Appeal and Ru1e to File Complaint are true and correct to the best of my knowledge, information and belief;and 2. I understand that the statements in the said Proof of Service of Notice of Appeal and Ru1e to File Complaint are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. Dated: r!z.-c..rIlf? By: ('~ Ron. Z. Opher, Esquire Attorney #57507, Commonwealth of P A Attorney for Plaintiff 0 0 ~~ c c~~ :c '-- -pro c: ~[r.! r-- .J" t;[~ N .r. \Ll -"" ,.' ~c r_~~,) -0 ~, ~C ::.t: .-i~ ~o r;: c:. ......) ~ :::> J:~ :n (..:> -< Ron Z. Opher, Esquire Attorney for Plaintiff Attorney#57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 PROVIDIAN NATIONAL BANK 295 Main St. Tilton, NH 03276 Plaintiff v. DAWN ROBINSON 1027 YVERDON DR CAMP HILL, PA 17011 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. o 3 ~ '3365" OVIL 7e~ NOTICE TO DEFEND COMPLAINT - CIVIL ACTION A VISO Y Oll have been sued in court. If you wish to defend Le han demando a listed en la corte. Si listed quiere defenderse against the claims set forth in the following pages, de estas demandadas expuestas en las paginas siguentes, listed you must take action within twenty (20) days after tiente veinte (20) dias de plazo at partir de la fecha de la this complaint and notice are served. by entering a demanda y la notification. Hace falta asentar una comparencia written appearance personally or by an attorney and escrita on en persona 0 con un abogado y entregar a la corte filing in writing with the court your defenses or enforma escritas 5US objectiones alas demandas en contra de objections to the claims set forth against you. You su persona. Sea avisado que si usted no se defende, la corte are warned that if you fail to do so the case may tomara medidas y puede continuar la demanda en contra suya proceed without you and a judgment may be entered sin previo aviso 0 notification. Ademas, la corte puede decidir against you by the court without further notice for a favor del demandante y requiere que usted cumpla con todas any money claimed in the complaint or for any other las provisiones de esta demanda. Usted puede perdes dinero 0 claim or relief requested by the plaintiff. You may us propriedadedsu otros derechos importantes para usted. lose money or property or other rights important to you. LLEVE ESTA DEMANDA A UN ABOGADO YOU SHOULD TAKE THIS PAPER TO YOUR INMEDIATAMENTE. Sf NO TIENE ABOGADO 0 SI NO LAWYER AT ONCE. IF YOU DO NOT HAVE A TIENE EL DINERO SUFFICIENTE DE PAGAR TAL LAWYER OR CANNOT AFFORD ONE. GO TO OR SERVICIO. VA Y A EN PERSONA 0 LLAME POR TELEPHONE THE OFFICE SET FORTH BELOW TO TELEFONO A LA OFFICINA CUY A DIRECCION SE FIND OUT WHERE YOU CAN GET LEGAL HELP. ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DON DE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Ave Carlisle. P A 1701 3 (717) 249,3166 ASSOCIACION DE LICENCIADOS DE C 2 Liberty Ave Carlisle. PA 17013s (717) 249,3 I 66 Ron Z. Opher, Esquire Attorney for Plaintiff Attorney #57507 P.O. Box 2245 Southeastern,PA 19399 (610) 902-0530 The May Department Stores, d/bla Hecht's 111 Boulder Industrial Dr. Bridgeton, MO 63044 IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PA Plaintiff v. DAWN ROBINSON 1027 YVERDON DR CAMPHILL,PA 17011 No. 63/33b> aue., Te~ Defendant COMPLAINT - CIVIL ACTION COUNT ONE 1. The Plaintiff herein is The May Department Stores, d/bla Hecht's, located at 111 Boulder Industrial Dr., Bridgeton, MO 63044. 2. The Defendant herein is DAWN ROBINSON, an adult individual located at 1027 YVERDON DR, CAMP HILL, PA 17011. 3. Defendant borrowed from Plaintiff, by way of purchases on account #00000067237657 the sum of $2469.68 over the course of the parties' cardholder relationship, as of 411/03. A true and correct copy of an affidavit of account is attached hereto and marked Exhibit "A". 4. Under the terms of the cardholder agreement, additional interest has accrued, and continues to accrue, from 411103, at the rate of 21.6% per annum. A true and correct copy of the relevant cardholder agreement terms is attached hereto and marked Exhibit "B". 5. In addition, Defendant agreed to be liable for Plaintiffs actual costs of collection, including court costs and attorney's fees; said attorney's fees being contingent on recovery, at the rate of35%. See Exhibit "B". 6. Plaintiff has in all respects fulfilled all conditions precedent to its obligations on the contract and for bringing this Complaint to damages. 7. Despite repeated demand by Plaintiff, Defendant has refused and continues in failure and refusal to pay further amounts due Plaintiff. WHEREFORE, Plaintiff demands judgment in its favor against Defendant, in the amount of $2469.68, together with interest at the contract rate of 21.6% per annum commencing on 4/1/03, and attorney's fees at the rate of 35%, and costs of this action. COUNT TWO Plaintiff also claims alternatively on the basis of quantum meruit or Quasi Contract. 8. Paragraphs 1 through 7 above are incorporated herein by reference as though fully set forth. 9. Plaintiff was neither a volunteer nor an officious intermeddler. 10. Plaintiff provided said credit. 11. Plaintiff expected payment from the Defendant for said credit in the amount set forth above. 12. The amount claimed is the fair and reasonable market value for said credit. WHEREFORE, Plaintiff demands judgment in its favor against Defendant, in the amount of $2469.68, together with interest at the contract rate of 21.6% per annum commencing on 4/1103, and attorney's fees at the rate of 35%, and costs of this action. Dated: July 23, 2003 /'19-- BY Ron Z. Opher, Esquire Attomey for Plaintiff AFFIDAVIT OF ACCOUNT STATE OF MISSOURI :ss. COUNTY OF ST. LOUIS BEFORE ME, the undersigned authority, on this day personally appeared the undersigned Affiant, who swore on an oath that the following facts are true. 1. My full name is Virginia Carino. 2. I am a Recoveries Supervisor at The May Department Stores, d/b/a Hecht's, and I have full knowledge of the books and records concerning the account of DAWN ROBINSON account number 00000067237657), the Defendant(s) herein. 3. These records show that a total principal balance of $2469.68 together with interest at the rate of 21.6% , commencing on 4/1103, is due Plaintiff and payable by the Defendant(s) herein. In addition, attorney's fees per terms of the credit card agreement are due and owing, at the rate of 35% of principal and interest. This affidavit regarding the account of the Defendant(s) herein, which constitutes this cause of action, are taken from the original records of entry. 4. The total amount of the account is due Plaintiff by Defendant(s) and all just and lawful offsets, payments and credits have been allowed. ot--- C~~\ Virgini~ant SUBSCRIBED AND SWORN to before me on the /,':5zlday of'7J1I?(f (?rd,1/-t'1'{f ?}1C}lf'1f Notary Public ,20m. EXHIBIT ~ Catherine M. Rudy Notary Public - Notary Seal State Of Missouri St. Louis County My Commission Expires 5-10-04 YOUR BilLING RIGHTS KEEP THIS NonCE FOR FUTURE USE This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR BILL If you think your bill Is wrong, 01' if you need mtn infonnation about an item on yolK bill, write to us on a separate sheet of papet and mall It to: P.O. Box 8075, Loraln, Ohio, 44055.8075. Write to us as soon as posstlle. We must hear from you no later than 60 days after we sent you the first bQI on which the error or protHem appeared. Voo can telephone us, but doing so will not preseM your rights. In your letter, give us the follOWing infonnation: . Your name and account number. .The dollar amounl of the 6USpeCIed error. . Describe the error and expllJn, if you can, why you beHeve there is an error. II you need more imonnlllion, describe the item you are not sure abolll YOUR RIGHTS AND OUR RESPONSISIUTJES AFTER WE RECEIVE YOUR WRITTEN NOTICE We must acknowledge your leII8r within 30 days, unless we have COlTec1ed 1I1e error by then. Within 90 days, we must either correct the error Ol' explain why we believe the b~lwascorrecl After we receive your letter. we caMOt try to collecl arty amount you question, or report you as delinquent We can continue to bill you forlhe amount in question, incIud. ing tinanoe charges, and we can apply any unpaid amount against your credillimit. You do not have to pay any questioned amount wh~e we ar& investigating, but you are slill obligated to pay the parts of your biU that are not in question. II we lir'fd we made a mistake on your bill, you wHI not have to pay any finance charges related to any questioned amount. II we dd not make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount In eittler case, we will send you a statement of tOe amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we ITl8Y report you as delinquent. However, if our explanation does not satisfy you and you write to us within 10 days telling us that yo~ still refuBe to pay, we must teU anyone we report you 10 that you have a question about YOLJr bill. And, we must lell you tile name of anyone we reported you to. We mtJst tell anyone we report yoLJ to that the matter has been settled between us when it finally is. If we don't follow these rules, we can't collect the first $50 ollhe questioned amount, evBfl il your bill was correct. SPECiAL RULES FOR CREDIT CARD PURCHASES tt you ha~e a problem wittl the quality 01 property or services \hat you p<lrchasedwith a mdit card and you have tried In good faith to correct the problem with us, you may have the righl nollo pay the remaining amount due on the property or services. Annual percentage rale 21.6% Grace period 10 pey balance 2S days Balance computation Average daily balance method (Including new purchases) Annual Fee none Minimum finance charge $.50 late payment tee Up to $25 The Ohio I,aws against discrimination require that all creditors make credit equally available to ,aU credit-worthy customers, and that credit reporting agencies maintain sep- arate credit histones on each Individual tJpon request. The Ohio CMI Righls Commission admmisters compliance with this law. The information about the costs 01 the card deSCl'ibed above is correct as of JLJly 2000. The information may have changed after that date. To find out whal may have changed, write to us at May National Bank of Ohio, 300 Sheffield Center, lorain, Ohio 44055. NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERV1CES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DOBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO THE BUYER: 1. DO NOT SIGN THIS CREDIT AGREEMENT BEFORE YOU REAO IT OR IF IT CONTAINS ANY BLANK SPACES. 2. YOU ARE ENnTLED TO A COMPLETELY FillED-IN COPY OF THE AGREEMENT YOU SIGN. 3. KEEP THIS AGREEMENT lO~PllOTECT YOUR lEGALRlGHTS. 4. YOU MAY AT"MffllllE PAY OFF THE FUll UNPAID BAL. ANCE IN ADVANCE. RFV7lnll OPEN-END CREDIT PLAN HECHT'S A DIVI!'"~mJ()f- IH'.MMDcl'fllll~NI SIOI1rSCOMrANv r EXHIBIT ~-I HECHT'S RETAIL INSTALLMENT OPEK-END CREDIT PLAN AND SECURITY AGREEMENT Please read this Agreement carefully, This Agreement means !his docu!Tlllnt. as supplemented from time to lime by lnlormalioo on your application, any sales tickets, receilJlS and 81V'I oIher documem slltling forti; your obI_ons under your Hechl's account In this Agreement "Meetd's" means Tne May National Bank of 0I'Ii0, 300 Sheffield Center, Lorain OhIo, 44ll55, an affiliate of The May DepartmenI StoreS Company ("MIy") and May trading and doing business as Hec:trt's. -VOU" and "yOU!'" mean ead\ and a~ persons wl'lo sign or sub- mit an appIcation Iororuee 8 Hecht'a llCOOUIlI. 'A/X:OUnI" means anyone or more accounISthatyou hive wtlh Hecht's. ThilAgreement, togetherwilh all ctl'Ierdocuments supplementing orsub;8ct~ this Agreement, explains !he terms thai goytm Hecht's accotI'llS and how to U&llthem. You 8IJM 10 the tlIlmsolthisAgI88l'\'llll'll by submitting an appl'lC8Iion loran aco:urt, ligI*lganappllcalionlorln8CCOuntorlfei1hlryouoranaulhorlzedUll8l'usethe8COllUnlklany'd/. FOUR IOND8 Of ACCQUIf11i-Hech otters tour kn:ls of credit accountl.1he Flexlble Charge Account, ttle T1me Option Purchase Account, the Table Top Account, and, from lime to time at HfIctrt's IllIe eIecIIon, the FI'Ill Jewelry Account. HOW TO USE YOUR ACCOUNT. . AnIbII ChI9 AccolI1t-lI you have a Flexible Charge Account, you may use this account for aU purctlaseB from Hectrt'a subject to ustJll.l cred~ authorization procedul'8ll. TIIM Option Purd\UI AI:counI-II you nave a TlfTllI OptIon Purchase Ac;oounl, you may 11I8 this account for purchues of irdvIdualltems costIng S200 Dr more. SImply request ,-op N#J1d' 01 your &a\eSpellOn at Ins time of pun:hue. EliglbIe Items Include appliances, tumlture, carpellng and fine ie'M*1. '...TopAccD....., you have a Table Top Account, you msyusetneaccountlor purchasea ol sliver, china and crystalCOllling $200 or more. flntJlwMyAccount-lf Hecht'sollerland you are approved tor a Fine Jewelry Account, you may uaelhe account for purd'1818S 01 fine jewelry cosIlng$500 or more, OPEJINGTHE ACCOUNT-You may apply for and Hechl's mav8Ppr0v8 ont or more kInds of accounts for you. Marie: on your application which account(s) you wish toopsn, Hecht's will notIvyou iI your application Is approved Dr declined. INFORIlA'nOH ON APPUCA11ON. 1.Voustalethatinlormation1halYOUhavegiveninyourapplicationistr~andccmplele. 2. You understand \hat Hecht's will not relum your applicabon to you. 3. You lutOOrize Hechfs to chick your credll and workhistoly. 4. YDllacknowIedge that Hecht's hugi'len you aoopy oI1he Open-End Credit Plan and SecurllyAgreement. 5. You agr&ll1D all ItemS 01 It'is Agreemenl:. 6. If you have reqlJll8t8d a FIexilIeChaIgflAocounl, you ask that Hect1fssend yooaCMdllcard(S). CREDIT UIIIf-Your account w1M I1lMl a eredllIImIl881 by Hecht's. Hecht's may lncreue Dr decreU8 your ereclllllmit lTom time to time. RETURNED CHECKS; PAYMENT F!E8-lf you pay by chedt and \tie cheCk is Jttumed unpald lor any reason to Hechl's, Hecht's may US8ll8 a "returned c:hlKi" fee of up to $2!i to your account. AddItionally, you agree tt\al any rvtumed chec:k may be eIeclronlcdy re-pAl88I'1ted for payment at your bank at any time until final payment is made. and you agree 10 pay alllW:lcharg&oIlClloS5.00loranylnslrUmertweprepareonyourbehallklrpaymenlpurp0ee6. PUACHASl!8-You autIlDrID HlIchfs to charge to your account all ~1hI1you, or any rIlII'Nlen 01 your tamIly, any olher person 'IIt)o resideS. you. Dr anyone.. autno- ~'-"l""""""" 10 N.'f-You ptUIlIII\D'l*fal.... _ onyOll' ICCllIUIll Eech pnon .....t9*l or ~ fit appI\cIIIon or any lIIherG:lcumlnlIL.-.' ._6" orlUbject 10 !his Apment. or who is named as a jOint account holder is respon&llle alone and together with anyone else signing for aU amounts due on the account. You are also responsible for any charges made by any membel5 of your family, ElI'lY ether person who resides with you or anyone you have authoriz:&d to use the account, CREDIT CARDS-At your rvquest, Hechl's may issue credit cards to you and others authorized by ~u. But HecI1t's win issUe credit cards only for your Aeldble Cnarge Account. The cards are the property ofHecht's.1f Hecllt's askayollto retum tle cards, you must cIo so el once. Arr'J cards lBBu&d to ot'rMIr persona alyoorrequ8$l: aregovemed by the terms of this Agnlem8nI. You agree to notlfy Hechl's at once II any card is lost or stoIan. IIONTHLY STA1BI1ENT-Hechl's wi sen:I you a II1OI1tI\y sta1ementto tadl aooount whlInever1here Is I credit or debit balance of $1 or mere. N.YIWnS-You agreelopaythemonlhly payment requlred on eICh IOOOLIII onorbelore the payment due dIIe Ihownon yourrnonthly 8taIlImenl. The paymenl:due dati will beat 1eu125 days af.lerthe~ d&Ie 01 your pmIoui bIIIng peTIod. You can pay more thll'l \t1e ItJqIIlred pIylTIeri at anytime. Your monfhIy IlaIemenIMlI show your 'New BaIartce". The monlhl'J payment requlledlorltleaccountSare: flexible Charge Account NEW BALANCS REQUIRED MONTHLY PAYMENT Up to $25 BalaooeinFuM $25 to $166 S25 $166 and over 15% of the "New Balance' rounded up to the next multiple of$10. TIlE OPTION PLJII-lbe:t"'llt baI&Aoaowed alany one time before tll8f1CC01.11lU;compklIeIycl6ared--d8t&rmi'l8i the ~.paylfIifltrwqyired,~,~_OO not ............0 \qIIidblUoa. tllllHI!BTllALUlCE REQI.IIIEIl_,..YIIENT Up lo $320 $20, or tdnce of accoun1, whichever is IeIIs. $32Olndover 61/4%oIhlgheltbalancerooodecluptothenextm~of$S. TABLE TOP ACCOUNT-Fof the purdlase of an. gIBs8Wanl, silver and WaterfoollempS cosMg $200 or more, the hi\jlest balance owed at any one time before the account is completely dearecI delennines the montNy payment required, and the paymen18 do not decrease wItt1 a decrease in the unpaid balance. HIGHEST BALANCE REOUlRED MONTHLY PAYMENT Up to $48D S20, or belance of account, whichever is less, $480 and over 4 116% of h9lest balance roundei:l up to the next m~iple of $5. FINE JEWElRY ACCOUNT-For the purchase of fine JsweIry cosIing $500 or more, the highest balance owed at any time before the account is completely cleared determines IhB monthly paymenl required, and the payments do not d9crellllll with a clec:rease in !he unpaid balance. HIOHEST BALANCE REQUIRED MONTHLY PAYMENT $500 and over 1/12 of higheslbaJance rounded up to the next multiple of $5. REI'UAtII-for aIi!'IotIzalionand ooIIectIon puflXlll8S, credils for retumed merchandille are nottrealed in the same fNlnneru payments. ___._ ''naA~_llw.'.- .--, ........-UnIIiedStatllgovem1hleAgrMm8nl. ,..' EXHI~~T 1) -?- ruu.~ CltAHlif:.. You 1988 to pay1he RUNCE CHARGE due on YOllf account which will not be inllKC8llS of1ha1 permilled by law. HIchI:'I cIwOM no au.aW'C CHARGE It: 1. You pay lhe "NlM BIIInce" lnfull within 25 d8ysafter1hldOU1gdaleolyourpiMus bIMIng period, 01 2. The "Previous Balara" shown on your monthly statements Is zero, or 3. You ITlIke paymenls or recelVtl cnlCUts, which are recorded on or before the pa)'lMOl doe dale 8hown on your prevIOus monthly staIen'lent and whk:h equal or exceed full 'New Balance" shown on your ~ monthly ltatemanl 0Ih8rwi6e. Hecht's charg8IIa RHANCE CHARGE on your account which will begin 10 accrue on the date of purchase. FINANCE CHARGE: R.EXII1.E ACCOUNT AND TIME 0P1I0N PLAH-If pe.yment of the "New Balance" OIl either the Flexible ,t,ccount or the T1me Option Plan Is lYJt made within 25 days from the blll\ng date of any monltjy statement, you aI90 agree to pay a AMANCE CHAAGE. The FINANCE CHARGE 1& detemnd by ~ a monlhly periodic rate of 1.8% (ANNUAL PER- CENTAGE RATE of 21.6%) to the "Average Dally Balance" ollhe account, iroIudlng aJrrent tnnsactiol'lS. A minimum FINANCE CHARGE of Slle may be assessed. TABLE TOP ACCOUNT AND ANEJEwaAY ACCOUNT-There is no FINANCE CHARGE (0% ANNUAL PERCENTAGE RATE) on these accounts &Slang lIS you mike your required mortit payment when due', " the account is 60 days or more past due In any billIng period. you also ap to pay a FtNANCE CHARGE, late lee and, H applcable, aItOn'l8Y's lees a& dilIdoeedundllrFlBxibIeAccounlandT1meOplionPlan. AVERAGE DAILY BALANClHo gel the -Average Dally Balance" Hectll's lakes the beginning b8Ianoe 01 your account each day, adds any new pulChaseS and other ctwges and SU~ trKtIlnf paymerts Dr credits (and unpaid FINANCE CHARGeS in pennsytvanle). lhlB gIYes Hechl's a daily balance. Then Hecht'slldds up all tie daily balances for the billing period anddillideslhetotal bytne number oi clays in !he billng period. This gives Hecht's \tie "Average Daily Balance". ACCaERlTlON OF PAYIIENTS-tlectrt's may raquire payment at once of Ins anIire outstanding baIInCe oj your account If you IaIl to mike a required ~ payment when due. You also agree to pay all costs of oollecting the account Includilg attorney's fHs and court costs, as allowed by n, If your account is referred to an outSide agency or IIttomey forooledion. APPLICATION OF PAYMENTS, payments made on any account are applied first to u~ FINANCE CHARGES, then to lite payment fees, then to IhIl cosl& oj collection, Mtumed checltleel and Ynlarch8rge&. Next, payrnenb are applied to pay lne purchue price oj merchandise inth18 on;ter: list to IlemswtliCh were purchasedfint, tnlN1 to ~ems purchased 1_, in the order of purcha8e. In tile case of two or moRI Items ~!he same day, payments are applied to the lowest priced IIem first, then to more expensive ilems In ascend- Ing order of pl'i:le. UABIIJT'V fOR UNAUTI:IClAIZED USE-You may be liable for unauthortzecll.l88 of yourcrelil cartl. Vou wi~ not be liable lor unauthorized use1hat 0CClIT8 alter you noIIly Hechl's at 300 StlIlfIieId CerUr, loran, Ohio 44O!i5, TelephonB (440) 233-2740 verbally or in wrlinlJ, 01 the IDU, th8fl, or possible unauthorized use. In any case, yoor IIabIIIy will not eKC88d $50. SECUR1TV INTEREST-&cepl 'tItlere prohibited by law, Hecnt's retail'lll a purchase money S8C1JrIty Interest under the Uniform Commercial Code in the merchandise purchased under this Agreement in orderthal Hechl'emay retake poeseselon 01 the merchandise lIyou do no!: make payments when due. You are responsible lorllTtlos8 or damage to the merchan- dl8e IIlIIlhe purchase price Is fuHy paid. Hecht's expressly waives all rights to retain or acquire any Intereet in any properly Wlf1iCh Is used as your principal dwelli1g. This waiver applIes onIvto irUI'I8tIwhictlaltIchautomatlcaUy by law: itdoel not apply to any lilIn cnIIled by e.oourtjudgemlnlor acquireclbylllng UprclYlded byat81Ute. SECURED PARTY R!II!DIES-Hecht's hili all the AII1lIldIBs of a lIICUJ8d party under the UniIolm Cornmereial Code. Those remedies lncIudB fue r91I to retake poaslllBion 01 the merchandilll'youarelndelaultunderthis~ Uponanydlhlul,youwll\,alHld1t'll'8QU8Il, taktthemen:hlndieetolheetorewhenP\lrchasedandretumthemerchllndiBl to Hecrts. You will be ind8lault . you 1811 or otherwiM dilpoleolthl rnercMndiBebefore the pun:hue price Ie fully pakI wtlhoulHectlt'swr\tten CORHnt, orIS prcwided e~ In .."""",,-. DEfAULT-Vou will be in dslault W you (i) fall to comply with any terms ollhls Agreement, (iO are unable to pay your debts orjllilto pay ycur de'ole as !hey come due, (111) Iallto coop- ~1IO.",u"""'''''_ft''':'-ft~~'''~''ft.''''V.1l1 "'r.{f~t 1 IlU*"ol~ft~ftftl-1llflA!ila.Rl'arlilGbanlw_J,illl;t.nVJ.llrrellllfol~;klli;Rl OFCHlIICIIS;UPOATED ~You agreetogl'leHechl'lpramptWltllien nobbymdtotN ~pn:MdedlnyOurmonlhlyltllem8ntlorbllling 1~oIlrT1cilangelnyourMml,adllr8sI.emplDymenlstatulorplaceofernplaymlnl.lfyournew~151nInoth8rslat8, ourtemlilorcustomerll'rllhall5lalewllapplylo yourarx:ount You &gl8lthatthe molor'l8hK:lel1c<<llingaUlhorltylnyourstatemay releaaeyoll'realI:Ierc8addrea8toHecnt'sll It becom88 necessary 10 locate you. Upon request, you agrH to Qivt Hachl's updaleS, accurate and eomplllte personal, employment and financial information about youreeII. ASSIGNIlENT-Hecht's mey 1811 or assign any pari 01 your ICCOUrTl to another creditor, including an aIliliate of Hecht's, II any time and from Ilme to lime without further notice to you. PRIVACY PFIAC11CES-Vou undersl8nd and agree that from time to time, Hecnt's may requast and receive credit InIormatlon about you from others, IUCh U stores, lenders al'ld cred- it b\l1'llUl. You al90 undelsIand and agree 1haI:Hecht's SlJpeMsory personnel and agents ml}' IlstentolelephoneOOll'l'lfSalion bsIwHn you and Hecht's repreeeI'\'llll forbainlng ptJrpo&eS and to ewkJlIle aoo assure the quaUty Of Hechl.'s service. LATE PAYIIENfFEE~s may assassale.te paymenltee 01 up 10 $25, where any paymerrt. is late by 60 days or more flRChJded in tha past due amount a secondtlme). CHAHQESIN TERllSOF AOREEIIENT-Hectts has the r\ghl to changelhB terms oftlll6Agrearn8nt.1l Hecht's makes a~chsng88, Hectlt's wUI notIIyyou u required by law. Changes to till; AlJeemenl may include, but are nollirriled to. the rate of the finance charge, the amount of ml11lTllm finance charge, Iha mBlhod oIfiguri'lg!he bBIance on which the fine.noa charge Is 8JIIlIiecl, the amount oIthl monthly payment required, the cklslng date or the monthly billing period and the length of the billing period. The changa wUl apply to the balance outstanding on the efIectIye da&e 01 the change and any eccountbe.1ance after the ehange ualowed by law. CLOSING YOUFl ACCOUNT-EIItlerycu orHechl's may closeYOlJfaccount at any lime. You must still pay Hechl'sany amounts due on your aooount~ either you or Heclt's cIo6e yollf account CfllDIT INYES11GAnoN AND REPORTING; SHARWQ OF INFORMATION-VOll authorize Hectrt's to inveIllgaIe your and a"1 JoInt applicarfs or authorized lJIlII's credit history and 10 obtein Social Seculity anddriYer's Ii:ensenumberJlrom lime to tlme ., connection wItlthe accounl, In comeclion WIh any later review, updeIe, renewal oraidln8lcn ofcredll, orin connectionwilhantdellnquency,delalAl,ordlsputeconcernll1llheaooountorloranyolherlawluIPUrpose.VOualeoeulhorlZeHecht'stoODlainorshareanylnlormallonabolrlYOuor your8CCOllrltwih alliliates t.mIess you notify us OIherwlee inwriling In a lerter including your name, address, account number and fle signature 01 eac:h patIOrl notiIyingus nol to share lnIormaIlon, addressed to P.O. Box 8078, lDraln, OH 44055-8078. You agree thai Hecht's may report on your accwtt peTformanctl to credit burell.l8 8M Othlu lawful reclpient& and enswerqlll8tlon8 about ourc:redil experienceS wlhyou. You af!irm1hatyou lU8 authorized by any person aIher than youl'8lW Rll/1W!Id In your appIcation or WOO may use your account \0 authorize ustodlllCk end report hirWercntdlhieloly an! SoclllI SecurIly and driver'B Iioense number a deecrlbedablMl. Youaleodlollzt III toc:htck'PM~tiItory II'Iito cariIClYrM..".to vdyyour..,....n1:statu8fTom lmetotlne for any lawful purpoee, as permIIIed by law. Jj you beIeve eny i'llom1atIon WI report to COMUmerreport- 1rlg,1gencie$ about your account performance Is Incorrect, to preserve yourrig1ts you mustwrlte'llS at P.O. Box 9079, Lorain, OH 44055-8079 and identify tile spElCific Infonnatlonyou believe is A'lcorrect You can teI8phone us, or wrilellS at a dIlIerent address, but d0111l so wlY oot preserve your rights. Please provide your name, address, account flUf1'lber and signa- tlJrealongwilh anyaVBitable documenIItionsupporlillg your claim Ihal we made an errorto expedite InVe8tigaIion of your claim. RtGHTS OF HECHT5-Hechl'& 1M)' delay enIorcing any righls uncIerthlsAGREEMENT wIhout losing 1hem. N011CE TO IlAFl'f'LAND RESIIEN1'S: SERVICE CHARGES NOT IN exCESS OF lHOSE PERMITTED BY LAW W1l.L BE CH~ED ON ANY OUTSTANDING BALANCE FROM MONnl TO MONTH. Under Maryland law, inqlliy on retaI crecIIlNIO/8 may be made wIhIn 60 d8ys 01 RlOI!Iipl 01 bIIIng statemanl. Refll/1C8 on Ihls provision coukI reaull in loss of ..nt righII undartederallaw. Noticeal eIBction: ll'is Agreement Is subjeClto the prwislonsol SUbtItle 90fTdIe 12 01 the Commercial Law"'rticIe, ofthl MarylendCode. N011CE TO DELAWARE AND PENN8YLVANtA. RESOENTS: You may pay oft your enli1 balance at any line. N011CE TO VER*INT REBmENTI: VOlJ oonsert to Hechl's obtaining IDlllsilg your cndlI report to open }lOLl" acrount, adjust ycur aedlt limI, and cdI8ct 8lI)' aroourG ~ OWl HechI's. r EXHIBIT 73>- 1) VERIFICATION I, Ron Z. Opher. Esquire , hereby state: 1. I am the attorney for the plaintiff in this action, and I sign this Verification stating that Plaintiff is out of the jurisdiction of the Commonwealth; 2. I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief; and 3. I understand that the statements in said Complaint are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. '7 {2--Y{cp; By: rtS2-- Dated: Ron Z. Opher, Esquire (') c ~'" ." i';:;~~ rr1f~, ~i_~~.' u' . -~ ~-~. f':: C . ;r;- "'~'.l - 4.C, :;0-;;:; ::3 -, , (,,::) (...) ~:::: ~ --I :l~ 3D '....~~ ,--)1' .j~ :~):f] '~:"..() 3m '-I Eo ~ N '.0 -0 ::r;;: ~ ::-> f"':> Ron Z. Opher, Esquire Attorney for Plaintiff Attorney#57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 The May Department Stores, d/b/a Hecht's III Boulder Industrial Dr. Bridgeton, MO 63044 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff v. CIVIL ACTION - LAW DAWN ROBINSON 1027 YVERDON DR CAMP HILL, P A 17011 NO. 03-3365 CIVIL TERM Defendant TO: DAWN ROBINSON 1027 YVERDON DR CAMP HILL, PA 17011 DATED: August 22, 2003 IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Court Administrator's Office Courthouse, 4th Floor 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 ~-- Ron Z. Opher, Esquire Attorney for Plaintiff Attorney #57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 . The May Department Stores, d/b/a Hecht's III Boulder Industrial Dr. Bridgeton, MO 63044 IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PA Plaintiff v. DAWN ROBINSON 1027 YVERDON DR CAMP HILL, PA 17011 No. 63 ,- 33b.> CoNtc.. rFI?v1 Defendant COMPLAINT - CIVIL ACTION COUNT ONE 1. The Plaintiff herein is The May Department Stores, d/b/a Hecht's, located at III Boulder Industrial Dr., Bridgeton, MO 63044. 2. The Defendant herein is DAWN ROBINSON, an adult individual located at 1027 YVERDONDR, CAMP HILL, PA 17011. 3. Defendant borrowed from Plaintiff, by way of purchases on account #00000067237657 the sum of $2469.68 over the course of the parties' cardholder relationship, as of 4/1103. A true and correct copy of an affidavit of account is attached hereto and marked Exhibit BAil. 4. Under the terms of the cardholder agreement, additional interest has accrued, and continues to acCrue, from 4/1103, at the rate of 21.6% per annum. A true and correct copy of the relevant cardholder agreement terms is attached hereto and marked Exhibit "B". 5. In addition, Defendant agreed to be liable for Plaintiff's actual costs of collection, including court costs and attorney's fees; said attorney's fees being contingent on recovery, at the rate of35%. See Exhibit "B". 6. Plaintiff has in all respects fulfilled all conditions precedent to its obligations on the contract and for bringing this Complaint to damages. 7. Despite repeated demand by Plaintiff, Defendant has refused and continues in failure and refusal to pay further amounts due Plaintiff. WHEREFORE, Plaintiff demands judgment in its favor against Defendant, in the amount of $2469.68, together with interest at the contract rate of 21.6% per annum commencing on 4/1/03, and attorney's fees at the rate of 35%, and costs of this action. COUNT TWO Plaintiff also claims alternatively on the basis of quantum meruit or Quasi Contract. 8. Paragraphs I through 7 above are incorporated herein by reference as though fully set forth. 9. Plaintiff was neither a volunteer nor an officious intermeddler. 10. Plaintiff provided said credit. II. Plaintiff expected payment from the Defendant for said credit in the amount set forth above. 12. The amount claimed is the fair and reasonable market value for said credit. WHEREFORE, Plaintiff demands judgment in its favor against Defendant, in the amount of $2469.68, together with interest at the contract rate of 21.6% per annum commencing on 4/1/03, and attorney's fees at the rate of 35%, and costs of this action. Dated: July 23, 2003 BY /19-- Ron Z. Opher, Esquire Attorney for Plaintiff AFFIDAVIT OF ACCOUNT STATE OF MISSOURI :8S. COUNTY OF ST. LOUIS BEFORE ME, the undersigned authority, on this day personally appeared the undersigned Affiant, who swore on an oath that the following facts are true. 1. My full name is Virginia Carino. 2. I am a Recoveries Supervisor at The May Department Stores, d/b/a Hecht's, and I have full knowledge of the books and records concerning the account ofDA WN ROBINSON account number 00000067237657), the Defendant(s) herein. 3. These records show that a total principal balance of $2469..68 together with interest at the rate of 21.6% , commencing on 4/1/03, is due Plaintiff and payable by the Defendant(s) herein. In addition, attorney's fees per terms of the credit card agreement are due and owing, at the rate of35% of principal and interest. This affidavit regarding the account of the Defendant(s) herein, which constitutes this cause of action, are taken from the original records of entry. 4. The total amount of the account is due Plaintiff by Defendant(s) and all just and lawful offsets, payments and credits have been allowed. i--~ ~ Virgini~no, Affiant .' SUBSCRIBED AND SWORN to before me on the /,~,e;lday of?;10{f ,2012.1. EXHIBIT It ~~~h?(f /J1q5':~ Notary Public Catherine M. Rudy Notary Public - Nota.!}' Sea! St.ate Of Missouri St. Louis County My Commission Expires 5-1(l-04 r YOUR BilLING RIGHTS KEEP THIS NOTICE FOR FUTURE USE This notice contains important information aboulyour righ1s and our responsibiities under the Fair Credit BiRing Act. NOTIFY US IN CASE OF ERRORS OR QUESllONS ABOUT YOUR BILL . If you think your bill is. wrong, or if you need more information about an Item on your bin, write 10 us on a separate sheet of paper and mail it 10: P.O. Box 8075, Lorain, Ohio, 44055-8075. Write to us as soon as PDSSilIe. We muslllellr from you no Ialerttlan 50 days after we sent you the first bill on wh~ the error or problem appeared. You can Ielepllone us, but doing so will not preserve your rights. In your letter, give us the fonowing imormation: . Your name and account number, . The dollar amount of the suspected error. . Desatbe the error and expmJn, if you can, why you be~eve there is an error. If you need more information, descri>e the item you are not sure about. YOUR RIGHTS AND OUR RESPONsIBllJTlES AFTER WE RECEIVE YOUR WRITTEN NOnCE We must acknowledge your letter within 30 days, unless we have corrected the error by then. Wrthin 90 days, we must either correct the error or explain why we believe lhebiJIwascorrect. Aftt!r we receive your letter, we cannot try to collect any amount you question, or report you as delinquent We can continue 10 bill you for the amounl in question, includ- ing finance charge&, and we can apply any unpaid amount against your Cl'Bdit limit You do not have to pay any questioned amotJnt whie we are Iflvestigaling, but you are still obligated 10 pay the parts Of your bUI thaf are not in question. n we find we made a mistake on your biU, you will nolllave to pay any finance charges related fo any questioned arnounllf we ad nol mike a mistake, you may have to pay finance charges, and you Willllave to malle up any missed payments on fhe questioned amount In elttercase, we wJJl send you a statement of the amount you owe and the datethat~ isdLle. If you fair to pay the amount that we think you owe, we may report you as delinquent However, If our explanation cloes nm satisfy you and you write to us within 10 days leDing us tl\al you still refuse 10 pay, we must tell anyone we report you to that you have a Question about your bill. And, we musl tell you the name of anyone We reported you to. We must tell anyone we report you to that the matter has been settled between us when il finally is. It we dOl1't follow these rules, we can't collect the first $50 of tile questioned amount, even H your bJJl was correct. SPEClAl RULES FOR CREDIT CARD PURCHASES II you haw: a problem with the Quality of property or services that you purchased with a credit card and you have tried in good faith to correct the problem with us, you may have the righl not to pay the remaining amount due on the property or services. Annu.1 percentage r.te 21.6",1, Grace period to p.y b.l.nce 25 d.y. Bal.nce computation Average d.i1y b.l.nce method (Including new purch....) Annual Fee none Minimum frnance charge $.50 late payment fee Up to $25 The Ohio laws against discrimination require Ihat all creditors make credit equally available to all credt-worthy customers, and that credit reporting agencies mairrtain sep- arate Credit histories on each individual llpon request. The Ohio Civil Rights Commission administers compliance with this law. The inkmnalion aboutlhe costs ollhe card described above is correct as of July 2000. The informatJon may have changed after that date. To find out what may have changed, write to us at May National Bank of Ohio, 300 Sheffield Center, Lorain, Ohio 44055. NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR Wmi THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO THE BUYER: 1. DO NOT SIGN THIS CREDIT AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES. 2. YOU ARE ENTITLED TO A COMPLETELY FillED-IN COpy OF THE AGREEMENT YOU SIGN. 3. KEEP THIS A.GREEMENTTO-PllOTECT YOUR 1.EGJ\LRlGRTS. 4. YOll MAY ATJlNYTIME PAY OFF THE FULL UNPAID BAL. ANCE IN ADVANCE. R~V 71M\ OPEN-END CREDIT PLAN HECHT'S ADIV!SIONQL fI-l'w\'YDOl\'\lIIWoNI SlQI1ISCOMAO.NY " EXHIBIT~-I HECHT'S RETAIL INSTALLMENT OPEN-END CREDIT PLAN AND SECURITY AGREEMENT Plaase read this Agreement carefully. TRis Agreement maam; this document, as supplemented from time 10 time by Informalion on your application, any sales tickets, receipts and any olAer OOculTlllnts setting forth your O~Of'li under your Hecht's account. In this Agreement "HecI1t's' means The May Nalional Bank 01 Ohio, 300 Sheffield Center, Lorain 0hkl,44055, analfiliBteol'The May Department Stortts Company ("May") and Maytradllgand doing business as Hecht's. "Yoo" and "your"msanead1 looall persons who sign orsulr nil an appic:alia1 fDforuse a Hechl's account. .~means any one ormm accounts that you have wtIt1 Hecht's. ThisAgreement, togelhllr with all otnerdDcumentssupplementing orsub;ect1D thlsAgreemen~ I:q)IaIns the temls that govern Hecht's accounts and howto Illiethem. You aoree 10 Ihlllerms- ofthisAgreement by submttti'lg an appflCat\ontor an account, sillfling anappfr:ationtor lnaocot6llotlf e/lher you or an authorized iller IlSethe account In anyway. FOUR KItIJSOFACCOUNl&-Hecht'sofferslOllrkildsof credtl:accounts.\he Flexible ChargeAocount, theTlmeOption Purchase Account, the Table Top Ar:count, and, from lime to time at Hecht's aoIe election, the Fne Jewelry Account. HOW TO USE YOUR ACCOUNT, . FIuIbIt ChIrge Accoum-If you have a Flexible Charge AoCcun~ you may use this account lor a/j purchases from Hechfs 5ub;ed to usual credit authorization prncsdures. TilnI OptIon Pun:ftaM AccaunI-If you have a Time Option Purclwlse Accoont, you may use this account for purchases of Individual Items costing $200 or mOlll. Simply request "TOP AccaInl" ctYOlllsalespel'8Ol\atlhetime 01 purchase. El'lQibleltams include appiances, tumlurt, carpeting andfinejewe/ly. Tabte Top Account-If you have a Table Top Ai:count, you may use the account for purt:llases of sliver, china. and crystal ~ $200 or more. F1.. JewU'y AccaunI-If Hecht's oilers ami you are approved for a FIne Jewelry Accou1t, yeu may use the account tor purchues of fine jewelry t:OSlIIg $500 or more. OPENING THE ACCOUNT-You may apply for and Hecht's may approve one or more kinds of accounts lor you. Mark on your applicaiion WhlCtl account(s) you wish to open, Hechts r.fI noIIIy)'llU if yw appJ\cation Is approved or declined. INFDRIIATJON ON AFiPUCAnoN. 1. You slIltethatinlonnallon that you have given in your appllcalion is lrueand complele. 2,YouundBrslancfIhalHechfsMllnottelumyourapplicationtoyou. 3. You authorize HechI's to ctllldr:yourcredll and work hislOl)'. 4. You acknowIedga thai Heetd's has given you a copy of the Open-End Credit Plan and Security Agreement. 5. You agree to all lams of tIis Agreement. 6. nyou have reques:ted a F\exbIe ChargeAccounl,youasklhat Hechfs send you aaedilcaro(s}. CREDn' LAfrr-YoIJr IlCCOllnt wlM have a Cl'8dlt limllset by Hecht's. Hectlfs may increase or decreese your credit UmII from lime to time. RETURNED CHECKSj PAYMENT FEES-<< yoLl pay by chec:t.: and the chec:k Is IItlumed unpaid tor any reason to HechI's, Hecht's may assess a "returned checJ('fite of up to$2!i to your IlCCOUrt.AddtIIonaJIy,You agree that any rebJmed check may be eledronlcally r&-pAlS8Nedfor payment at your bank at any time until fUlfill paymem is made, and you agree 10 pay a aeMce dlargeol up to'$S.OO lor any InS:IrumenI we PrepaT1 on YlXIl" behalf for payment purposes. PURCHAS!B-You authorize HechI'sto charge tD your account a8 pun::hues that you, or any members Ofyourlanily, any oIher person who resides wIIh you, or anyone else aulho- ~1On:=~=-~d.lIfnOlftB_onyaur8CClCllrt ~pmionwhot8sSigned<<lIUbmItt.dlhtapprlClllonorenyalhlrdocumlnl'tPlTiIlltinO~1\IbiICt1D !his Agreement. or who is1la1ried as alOinl aCCOlJnt holder is re5pOrlSible alone and togelher wfth anyone else signing for all amoums due on the account You IAl al90 responsible for BIlYcharges made by anymembers of yourtamily, afo/ other person who resides wilhyou or anyone YOll haVf! authorized to useth~aa:ount, CREDrT CARDS-At your request, Hechl's may issue credk cards to you and ethers auIIlorized by )'Qu. BU! Hect1rs will issue credit cards only tor your Flexible Charge Account, The cards are the property of Hacht's. If Hec:hrs asks youlD return the carda, yOu must do so at once. Any cards issued to other person... at your request are governed by the terms of !his Agreemeni.YouagreetonotilyHIChl'satoncelfanycardislostorstolen. MONTHLY STATEIIEHT-Hecht's wi! send 'tOll a monthly slatemenI to each account wI1anever IhfIIlI is a credit or debII balance of $1 or mora. PAYMENTS-You &gAle to pay !he monthly payment required on each account on or beiOl9 the payment due date shown OIl your monthly slal8mem. Thepaymenl due dahlwill be at least ,25 days B!ler the d~ dale of your pmioUs bllq period. You carr pay more than the required payment II any line. Your moothIy statement will show yolK "New Balance'. Themonthlypa)mEll'lt~ioflhllaccountsare: Flexible Charge Account NEW BALANCE REQUIRED MONTHLY PAYMENT Up to $25 Balance in Full $25 to $166 $25 $l66and over 15% 011l1e "New Balance' rounded up to !he next mulilple 01$10. T1IIEOFt1ON.Dll\ILTM'kt"'RlbaiaAcaowedalanyooetim&bEltorell'le~compIeteIYd9afid..~the~~r&qIMrad,~.~ do ~l dIl::nIIiIit.a'.-...kl,UlpBidb8lanoe. '. HlOtEST BALANCE REQUIRED IIONTHI..Y PAYMENT Upkl$320 $2D,orbalanceofaocount, whic:heveris less. $320 and over 61/4% ofhighealbalarlce rounded up to the next muIIipIe of $S. TABLE TOP ACCOUNT-For the purdlase or chila, giassware, silver and Waterford lamps costing $200 or more, !he highest balance owed at any one time belnre the account is completely cleared determines!tle monthly payment required, and tne payments do not decrease with a decrease in the unpaJcl balance. HIGHEST BALANCE RECUlRED MONTHLY PAYMENT Up ID $480 $20, or balance of account, whichever is less. $480 and over 41/6% of hlf,Wles! balance rounded up to the next miJliple of $5. ANE JewELRV-ACCOUNT....forlhe purctJ<ise 01 fine JewsjrycosliJlQ $500 or more, tile highest balance owed at any lime before the account is completely cleared determines the monthly payment requilBd, and the payments 00 not decAlU8 with a decrease in !he unpaid balance. HIGHEST BALANCE RECUfRED MONTHLY PAYMENT $500 and over 111201 highest balance rounded ~ to fhe next mulIipIe 01 $5. ~lUIhorizaIionandcolleclionpurposes, credllsforretumed mert:handisearenottrealed in the same manner as paymenls. -.....1 ---lRIIInM "'~_lhIle.- -' "'... aM "'ft United States govern this Agre8m&nt. . r~ EXH'~iTp-2 FiNANCE l.l1Atll2:l=... You agree 10 pay the RNANCE CfIARGI; due on your account which wm not be In excess otthat permltled by law. Hecht.. chlrgellIO FINANCE CHARGE It: 1. YOIl pay1fle"NawBalancl'infuUwlthin25 daysalter1hB cfosblg date of yourprliviOus b1l1ngperiod, or 2. The "Previous 8iIaooe" shown on your monlhly statements is zero, or . 3. You ITIiIIm pB)'I'l'ltl:nts or receive credits, which are recorded on or before the payment ciJe date shown on your previous monthly statement and which ~al Dr excaed the "New Balance' shown on your previous monthly stalemenl Otherwise, Hecht's charpes a FINANCE CHARGE on your account whict1 wlU begin to 8t::erUe on the date of pu~. FINANCE CHARGE: FLEXlBL.EACCOUNT AND nue OPTION PLAH-If payment of '!he "New BaIarxre" OIl el!herthe Flexible Account or the TIme Option Plan is not made withm 25 days from the blllirg date of any roonlhly statement, you also agree to pay e FINANCE CHARGE. The FINANCE CHARGE is delennined by applyWlg a monthly periodic: late of 1.8% (ANNUAL PER. CENTAGE RATE of 21.6%) to the "Average Daily BalanCe' of the account, R::IudIng current lransactions. A minimum FINANCE CHARGE of 5~ may be assessed. TABLE TOP ACCOUNT AND FINE JEWELRY ACCOUNT-There is no FINANCE CHARGE (O% ANNUAL PeRCENTAGE HATE) on these BCCOunlS as long as you make your required i'nonthty payment when due". It Ihe account is 60 days or more past due in any bllnng period, you also agme tD pay a FINANCE CHARGE, late lee and, If appicable, BIIom8y's lees as liiscIoeecI under F\8xI)je Ac:oount and Tnne Option Plan. . AVERAGEDAlLY BAlANCE-To get the "Average Dally Balance" Hechl's lakes the beginning 0aJan0e 01 your account eact1 day, acils any new purchasell end other charges and sub- tracts any pa)'lTlBl1li Dr credlts (and unpaid FINANCE CHARGES In Pennsytvanla). This gives Hechfs a daiiy.balance. Then Hecht's adds lip all the dairy balances for the bining pericxt and divides 1he total by the number of days in the biKing period. This gives Hecht's the -Average Dally Balance". ACCELERA.11ON OF PAYIIENTS-Hl!CtIt's may require payment at once of the entire outstanding balance of your account If you fall to make a required mtIlthIy payment when due. You also agree 10 pay all costs of coliecling the account inckIdingattomey'sfsesardcoort costs, as allowed by iaw, If your account is referred 10 an oUlsIcIe agency orattomey fcrcolleclIon. APPLICATION OF PAYMeNTS. PaytnlInts made on atrj aecount 818 applied first to unpaid FINANCE CHARGES, 1hen 10 late payment 181l6, then to the costs of colIecIion, rBtumed ehecIr.lees w similar charges. Next, payrnsntsare appi9d to pay the pun:he;se price of merchandise in1tisorder: 'nstlo Items which were plll'Cha8edfirst,lhen 10 Items purchased later, in the order 01 purchase. In the case of two Dr more Items ~ the same day, payments are appllsd to the IowesI prioed Item fin;!, then to-more expensive items In ascend- ingon:ler'ofpli:e. UABIUTY FOR UNAIJT1:tORlZED USE-You may be fllble for unauthorized use of your .crediIc8rtl. You will not be liable lor ullllliti10rized use tnat occursafleryou notify Hech!'s at 3OOShBffiaIdCenlBr,lorain,0hi044055,Telep!l0n9{440j233-2740verbal1yorlrl'WJting,oftheloss,ltteft,orpossibleunauthorizeduse.lnanycase,yourlieblBtywlllnotexceedS50. SECURITY INTEREST-Except where prohibiled by law, Hachfs retains a purchaa money secur'ty Interest undlJr the UnIform Commercial Code in the merchandise purchased under thisAgreement 1'1 order that Hllchfs may I8Iake possession oflhe merchandise 11 you do not make paymenls Mlen due. You,are reeponeIble fotany loss Dr damage to the mBlt:hen- dise untn Ih8 purchaae price Is fuly paid. Hechfs expressly waives an rights 10 retain or acquire any interesl tn any property Which Is used IS your principal dwelling. This waiver applies oniytDinlenl&tllllhichattach-wJtoniatlca1lybylaw:ltlklesootapplytoenyIlenCIMledbyacourtjudgernenloracqulredbyfingas-providlldbystatute. SECURED PARTY "EIIeDIES-H~s has an the relTllllies of a secured party under the Uriform 'Commercial Code. Those remedu include tI'II right tD retake possassion of ~ merch8ndise If you are Ind8lault under this Agreement. Upon any defauk, you wDl, at Hecht'a request, lake 1he ~ to the sIOt't where purchased and I91Um the merchandISe 10 Heel'ts. You will be in cIefauIi~you BlInor oIherwise dispose 01 the men:handis8 before the purci1ase price is fully paid wtthout Hed1I'swrltten consent, ores provided elsewhere In ..- '. DEfAULT-You will be in default If you (i) faU to cOmply M!h anytenns OtthlsAgreement, QO SRI unatlle to pay your debls orfalllc pay your debls as they CCIITledue, (in) faJlto CDI:lp- .-'-:.. il"C""~"~"~ '" U~......~ ftV~"""~ ~"Y r! lit .:11..... .,~oI~.....,. ""11-.---;1 '0' (r1"'~.;-.i "ttG.-"'ji'" af ft"}'llt!%g, ft;lotaA) L ~ 'tllotinj I; I;o.".~, innL a~;o, IIrfi"Y 1)\ ~ii;I;11i ND'T1F1CA.11OM OF CHANGES; UflDA1'!D INFOAMAT1CIN-YtIu agM'to giVe" Hec:hl'. pmrnpt wrlIt8li notice by rnd to the acktnes provIcIecIln your monthly statemeri for bIlJing- irqtiriesolllfrjchange,lnyourname,addreas,ernpIoymenl~orplaceol~nt.ltyournB'WresidBnceisinanotharsl&te,DUr"nnslorcustointllilnthatstatewillapplyto youraccounl YDlI agree lhattf1e motorvehicle licensingauthorllyin yoursla1e may relell&&your resJden::e address to Hech!'s IfR beocmes necessary 10 locate you. Upon reQUest, you agree to give Heeht's updates" accurate and complete personal, employment and nncial inloIrnation about yowu/f. ASSJGNMENT-Hecht's may sell or assign any part of your aa:ount to anothercredltor, jncluclrlQ an atlilia1e of Hecht's, at any time and from lime 10 time wlthcu.itful1her'nDlii:8 to you. PRIVACYPFIACI1CES-You understand and agreethatfrom time 10 time, Hechl's may requesiand ieoeivecredit information about you from OthelS, suct1 as stores, lenders and cred- It OOI1lBUS. You alsO undetStand end agree !hat Hechl's supervisory perBCltlnel and agents may listen 10 teleptxlne conversations b8tween you end Hecht's representaIiVes for !raining pUrpoHsandtoawfusteandassurethequalityOtHechI'sselYice. . LATE PAYMENTfEE..Hech!'s 'may assess a late payment tee of up to $25, where any payment is late by 60 days Ot more (mUlled in the past due al'r'lOOnl a second lime). CHANGES IN TEAMS OF AGFI!EUENT-Hecht's has the right 10 change the terms of lhis ~ernent, If Hecht's makes any ehange&, Hecht's wBl nollfy you as required by law. Ct\anges to Ihls AgrelJlTl8ft may include, but are nollimlted 10, the rate of the finan::e charge, the amount of mn"mum fllance clIalge, the method of figuring the balance on which the fmance cha:r(Illisapplied;lheBmlluntoflhe monthly payment reQuired, fhecloslngdateorthemonthlyb~lingperiodand1helengtl1 oflhe blll'llll period, The change wUI apply to the b8le.nce outstanding onlhe efIeetive dale of the change and any account balance aflertheehangeas aDowed by law. CLOSING YOUR ACCOUNT-Eilher)'Dll or Hechfs may close your aClXlunl at any time. You mllSl sIiII pay Hechfs any amounts due on your aa:ount H e!ttler you or Hechl's close your account CREDIT IHVESTXiA.nON AND REPORTING; SHARWQ OF INFDRIIAnON-You autl10rize Hacht'slo Ilvestigate your and any joint appJicant's or authoriuld users Ctedlt history and 10 obtain Social Security and driller's license IlIJll'tlsrs from tine to time In connection with lheaccount, In com8dion with any_Jater/'llVlBW, update, renewal oreX1ension of credit, orin connedion with anyllellnquency, default, or dispule conceming the aooounlorforanyo1herle.wlu! purpose. You also authorize Hectd's to obIain orstJare any il1ionr!BliCJn about you or youraccountwilh IfIiIiaies uniessyou notify usotherwi!le in Writing in a ~rincludlngyourname, addlllSS, accor.mtnumberandlhesignatureofeach person ~ us not to share infoiTnelion, addresSed lei P.O. Box 8078, Lomin, OH 44Q55..8078~ Yoo Bgrae that Het:ht's may report on your account performance 10 credit bureaus and other lawlul recipients and answer Questlon8 aboutOUI credit experiences wlhyou. You aflirmthatyou lU'8 authorized by any person other lhan yourseffnamad nyour application orwno may use your accolJnt to authorIle lIS to check and reporthish1ercredll history and Social Securlly and drlvar's ficense number as ducriMId above. You also auIhlriD urtocheokyouremploymllnlhistoly ardtocoractycxr~towrllyyoor~ntstatusfromllmetotinelorany lawfirI purposli,as permfttedbyle.w.lfyou beiew any In!oIrna1ion we reportto consumer report- ing agencies about your account performance is Incorrec:l., to preserve your rights you must wrtllnlS at P.O. Box 8079, LolBin, -OH 44QS5-8079 and identify !he specifIC intormation you believe is incorrect. You can telephone us, or write us at a dHferent address, but doing so wlU not preserve your rights. Please provide yOUt name, address, account number and signa- ture along with any available documentationSllppOfOOg YOUt claim that we made an 8rTCrto expedite investigation of your Clliim. 0 RIGHTS OF HECHT'S-Hechfs may daIay enfolIq any rights under this AGREEMENT without losing !hem. NOTICE TO MARYLAHD RESIDENTS: SERVICE CHARGES NOT IN EXCESS OF lHOSE PERMITTED BY LAW Will BE CHARGED ON ANY OUTSTANDING BALANCE FROM MONTH TO MONTH. ~ Maryland law, InquWy on retail credit ertcll5 may be made wIIt*l60 days of receipt of biDing statement. Reliance on !his proviskm cowd result in loss 01 'Importantrights underfederalla.w. Notice af election: ThIS Agreemerd Is SUbjectlo the prtlYirions 01 Subtitle 9 0111lle 12 oflhe Commercial Law ArlIcle_of the Mal}'land Code. NoncE TO DELAWARE AND PENNSYlVANtA RESIJENTS; You may pay off your entire balaooe at any time. NOT1CE TO VERMONT RESIDBITS: You consent 10 Hecht's oblainirg and using your aedII: report 10 open your accoont, ~st yoor aedllliml, and coIIectany amounts you rJNe HechI.'s. ,..- EXHIBIT 75- t) VERIFICATION I, Ron Z. ODher. Esquire , hereby state: 1. I am the attomey for the plaintiff in this action, and I sign this Verification stating that Plaintiff is out of the juriSdiction of the Commonwealth; 2. I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief; and 3. I understand that the statements in said Complaint are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unswom falsification to authorities. '7 ('2.-Y{03 By: rlS2-- Dated: Ron Z. Opher, Esquire (") C" 0 C l:"r.) -n ~ ~ '-:-J -00:. --,-, rnrr: G'~ I'F~ :;:~:'J:; t'-,) -(;"\1 ~S: " j "i'JV 0<-' i,_,J!.":> ~C.' 1_. I:' :~c, ~d ~.C'. . ., .~. >M c .......', ')> c: .~ .--{ ~ --" ~- ~:D Ul :< 0:3- 33hS ')3.3365 civil term Dawn M. Robinson 1027 Yverdon Drive Camp Hill,PA 17011 vs May Dept Store DIBI A Hechts III Boulder Industrial Drive Bridgeton. MO 63044 ~.... e.\v\LA,e~' 03-33(6 - '-c.~:1..- ,'\ I, Dawn M. Robinson, the defendant did not purchase items in the amount of $2469.68 on my account 'J 00000067237657. 7.....\ Further more the May Dept. Store refused to send me origianl billiing & continued to haIT'ss me over the , ) past 3 years. My account with the Hechts was canceled and nO longer used once the balance reached around $500.00. I made several attempts over the past few ye.... to make payments of $60 or more when I was able tooand funds permitted me. - too.~ 2.. .. J) Hechts department store started calling my home 3.5 times a day and whenT cquld not be reached they would call my place of employment up to 3 times a day. also leaving messages on our company answering machine. I had several problems with a Ms. Roy. She called nurnerous times even after i told her it could iepordi.e my job, .he even asked to speak to my bos.. :t \ On many occations they would call my house and discuss this matter with my live in boyfriend and .J revealled my financial situation to him slong with telling my sister. I finally ask that they send this matter to a collections agent/attorney and I would make arrangements with them, instead they still continued to halTass me IlfId charge more fee's over the past ;year IlfId a half. - tQJnb 3 - , \ I had a judgement hearing in cumberlllfld county district justice office, case number cv.0000230-03 and ,) was ready to have my case heard at that time, Hechts or it's representative did not show up. I left two messages and sent a letter to their collections attorney, Ron Opher. Esq and received no response at the times Itold them Iwould be available. I was willing to make a settlement in the amount of the materials which were purchased, however due to the constant hlllTllssment and threatening calls I felt as if i was being violated. i) The calls on late nights and on Sunday mornings were very stressful and the calls at work were very embaITasing. I believe Hechts has violated my rights by the halTasment and by not allowing me to view the history of all my statements that showed purchases along with payments made. I would like to appeal this civil case and would like to either have the ca"e dropped or counter sue for stress and htunilations they have caused All statements are true and correct and If needed I can supply letters from witness that took several of Ms. Rays calls along with oilier representatives from Hechts. a'j ~tJJMt '#v fil/l5Ul- Dawn M. Robinson CV 03,3365 717-558,3925 717-319-7857 .-/ r>>>>ff e9/, 03 YOUR BilliNG RIGHTS KEEP THIS NOTICE FOR FUTURE USE This notice contalns important information about your rights and our responsibiUties under the Fair Credit Bilftng Act NOT1FYUS IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR BIll' , -If you think your bill is. wrong, 01' if you need more irtformation about an item on your bill, write to us on a separate s~t of !?8P8f ~ mail i11o: P.O. Box 8075, Laraln, Ohio, 44055-8075. Write to us as soon asposslbJe. We must hear from yoo no later than 60 days after we sent you the fl1'l.t bifl on which the error or problem appeared. Yoo can telephone us, but doing so will not preserve yourrtghts. In yourletier, give us the foUowing information: . Your name and account number. . The doftar amount of the suspected error. . Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about. YOUR RIGHTS A.ND OUR RESPONSIBJLmeS AFTER WE RECEIve YOUR WRITTEN NOTICE We must acknowledge your Jetter within 30 days, unless we have corrected the error by1hefL Within 90 days, we must either correct the error or explain why we believe the bin was correct. After we receive your letter, we canrKlltryto conect any amount you question:or report you as delinquent We can continua 10 !xli youlorlhe amount in question, includ- ing finance charges, and we can apply any unpaid amount against your credit limit. You do not have 10 pay any Questioned amounl whUe we are investigating, but you are slill obligated to pay the parts of your bill that are not in question. If we find we made a mistake on your bill, you wUI not have to pay any finance charges related to any questioned amount. If we did not make a mistake, you may have 10 pay flllallce charges, and you will have to malle up any missed payments on the Questioned amount In either case, we will send you a stalement of the amount you owe andlhe dale that it is due. Jf you 'faJlto pay the amount that we think you owe, we may report you as delinquent However, if OLlr explanation does nol satisfy you and you write 10 us within 10 days lellirlg Us that you still refuse 10 pay, we must!efl anyone we report you to Ihat you have a question about your bill. And, we must lell you the rlame 01 anyooo We reported you to. We must tell Brlyooe we report you to thallhe matter has been settled between us when It finally 15. Jtwedon. 'tfollow.t,,",eruJes,wecan'lCOllect.t.h'~. ~Q",'''''''damO""',even'YOO,''n'''''O!Tect . SPECIAL RUlES FOR CREDIT CARD PURCHASES ")'0\.1 have a problem wlIhthe quallly 01 property services you pun::hasedwttha credilcardand you have tried Irl goodfailh to correct the problem wiIh us, you may have the right not to pay the remaining amount property or services. Annua' percentage rate 21.6% Grace period to pay balance 25 days Balance computation Average daily balance method (including new purchases) Annua' Fee none Minimum Ilnance charge $.50 Late payment lee Up to $25 . The Ohio laws against discrimirlation require Ihal all crednors make r:re,dii equally available to all credtt-worthy customers, and !hat credlt reporting agencies mairrtain sep- arate credit histories on Baen individual UpOrl request. The Ohio Civil Rights Commission administers co.mpJiam:e with thiS law. . The information about the costs OIlhe card descrIbed above is correct as of July 2000. The Information may have cllanged after that elate. To find aut what may have charlged, wrtle to us at May National Bank of Ohio, 300 Sheffield Center, lorain, Ohio 44055. NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WrTH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAlO BY THE DEBTOR HEREUNDER NOTICE TO THE BUYER: 1. DO NOT SIGN THIS CREDIT AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES. 2. YOU ARE ENTITLED TO A COMPLETELY FillED-IN COpy OF THE AGREEMENT YOU SIGN. 3. KEEP THIS AGREEMENT1trPROTECT YOUR l.EGJILR1GHTS. 4. YOU MAY ATIINYTIME PAY OFF THE FUel UNPAID BAL. ANCE IN ADVANCE. R~V7IM OPEN-END CREDIT PLAN HECHT'S A OII1k'llClN 01- rHl.,Mi\vD.''fIIIIM!:N1SJOI:fSCOMFl>.NY r EXHIBIT 1=>-1 .., (') c <- ~fi::; n1fT "':"~.'J> Zf" ~):" ~l sc'; :s8 ~ o w U) ,." "'0 I <C., o ., .~\-. f~: ".,rn .~; ~::~' ---j-..-, :r ~ ..,.; -~~) :S-ln -I .~ :iJ -< :<;? -.. ry .:::> -....I Ron Z. Opher, Esquire Attorney for Plaintiff Attorney #57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 The May Department Stores, d/b/a Hecht's IN THE COURT OF COMMON PEAS Cumberland COUNTY, PA Plaintiff v. CIVIL ACTION - LAW DAWN ROBINSON PO BOX 1342 CAMP HILL, PA 17001-1342 Defendant NO. 03-3365 CIVIL TERM PRAECIPE TO WITHDRAW COMPLAINT WITHOUT PREJUDIC TO THE PROTHONOTARY: Kindly mark the Complaint in the above-captioned matter WITHDRAWN WITHOU PREJUDICE. DATED: March 16,2005 BY: Ron Z. Opher, Esquire Attorney for Plaintiff ~- (') ~ ':;? "1J6'.; rr~n' -;;~ ..,' , , ~~ , -c,:;.'-- ~r~~ '3 r-' """ "'" "", ::J' -po ?" "" "" -t; ~ .-\ ".::.C-r, r'f'l-"^ , I::;':, ;;~~ ~.? \i:~)~-?, ;;:';')~'1 '.c~ ( ) ;z. If> C). ::Ji' -' r:': . ~':c, ...,,:~ - -'