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HomeMy WebLinkAbout07-2390ROBERT M. REIBSTEIN, ESQUIRE 705 Montgomery Avenue Narberth, PA 19072 (610) 664-1999 Attorney I.D. No. 20456 CACV OF COLORADO, LLC 1999 BROADWAY DENVER, CO 80202 VS. RICHARD A. HUGHES 23 CHESTNUT STREET MOUNT HOLLY SPRINGS, PC 17065 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. CIVIL ACTION NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses orobjections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE. Court Administrator One Courthouse Square, 4" Floor Carlisle, PA 17013 (717)-240-6200 This Communication lb from debt collector, -"his fa an attempt to co act a debt and any information obtained will Purpos®. C s f r i l i s s IF credit Card Agreement General In this Credit Card Agreement, the words "you" and `your' refer to each and all of the persons who accept a credit card issued by us or under an account we hold, This Credit Card Agreement glie 'Agreement`) comists or this document and the terms and conditions set forth In the Required Federal Disclosures sp-ction of the accompanying card carrier, which is incorporatcd hcrcln .and made apart hereof, The words, "we," 'us,' "our' and "MBNA America' mean MBNA America Bank, NA. When you accept or use the account, you agree to the terms In this Agreement. You should sign your card before you use l[, You consent to and authorize MEM America, any of its affiliates, or its rnarlceting associates to monitor ardor record any otyour telephone conversations with our repre- sentatives a the representatives of any of those ompardes. All empitalized'terms nvt dafined Immin shall have the meaning as derined in the Required Federal Viscfosures section of your card carrier. !4 formation Gathetitt # and From time to time, we may gbtaln updated informa- tion about you h1cluding, for acamrile, credit informa' Alon, We may share information AM you with credit 'tOOrdriu agencies and others, including merchants, end arriQng companies affiliated with us. You may requen that irdormatlon about you not be shared among our affiliates, other than information pertainin?solelyto transactions or experiences between you and uc (or an MDNA America affiliate), by writing us at`MSNA, Affiliate Information 04aring, P.O, DOX 15342,W11rrifngton, DE 19850.5342, 1'IMC inC)ude your name, address, home phone number and all MBNA America account numbers. If Yau Lelim. that inaccurate or i:ioomplete informatiw about you or Wur account has beer, shared by has with a , credit reporting agency, write to us at: MDNA, Credit RePorting NQA600, P.O. Sox 17054, Wilmington, DE 19854-7454, Neale Include your natne, address, home phone number, and aocovnt.nurnber, and explain which information Qu bellew is inaccurate or Incomplete. ;e t HoW To Use Your Aa-Mil 6 You may use your credit card to purchase or lease j • goods or services from persons who honor the card. You may also use your card to obtain Cash Advances. You may not use a Check Cash Advance, or any other Cash ` Advance, to make a payment on this or any other credit I account with us. You may not use your account for busi. ness or commercial purposes. Cdrtain Establislunents may ws your peOnal dieclS upon presentment of your card. In the event we are tequfred to pay the amount of a deck cash,--d in this way j because the check is not paid for aq reason, we will chargcyour account for a Cash advance in the amount of f tlK cheek and any processing diMe we actually incur. 1 1f "you permit any Berson to have occe-ss to your vxrd i or account numberwith the authoomlorr to make a ;' - charge, you may be liable for all charges made by that person including chatees for which you may not have Intended to be liable. Tfie transaction date for Check Cash Advances and Balance Tmnsiecs is the date you or the person to whom the check is rnade payable first deposits or cashes the check. 'Cho transaction date fix a returned payment (a Bank Cash Advarrcv) is the date that the corresponding payment posted to your account: You may request a stop payment on CI teclc Cash Advances by proAdiR us with the check number, dollar amount, and payee exactly as they apixar on the Check Cash Advance. Omf and written stop payment requests on Check Cash AdvanM"are effective for six months from the day that we pkce the stup payment on your account. You may not use a postdated Check Cash Advance to obtain credit undo: your account if you do..postdato a Check Cash Mance, we may elecA W honor It upon pre- sentment or return it unpaid to the party which presented it to us for payment, without in either case awaiting the date shgwmon the Check Cash Advatce. We are not liable to yvu for any loss orexpense incuffW by you arising out cf the actfon`we-elect to take. Repayment You promise to pay us the amounts bf all credit you obtairi. this includes all purchases, cash advancos, fens, 2 ( ?..ir[ i x.axt wS4?> ^.-!s[I•0.e[v.e i'v-e-^Prn1 your account and Finance Charges, You may pay. the entire amount outstanding at any time- You must pay each rnonth at least Cho minimum payment shown or, your monthly statement. If you oven pay or If b credlt balance 1s othermse created in your account, we will not pay interest on such amounts. Your payment will W alivcated in a manner we determine, in most Instances, we will allocate your payments to balances tinclvdiq new trans;ctiMs) with lower APRs before balances with higher APR;, This will result in new bal- anew witli a fvwui We of Interest being paid before any i other existing balances. Ali pay-rnents will be credited to 1 Yavr account for the billing Cycle in which each payment is recelied; however, your available credit may not be iricrcased by the amount of the payment until your funds have deared. Minimum monthly payments can- not be'made In advance and payCTient-a made in any billing cycle which are greater than the minimum pdy- ment dine will not affect your obligativa to make subse- quent minimum payments each month. We can reject payments. not denominated in U.S. dollars or not drawn on a U.S. Bank No, EyMent shall operate as an accord ind catgciadion without the"pflbr written approval of a scnlvrofrkw of MBNAAmerica. i t? All permns who initially or subsequently regvest, accept or use t.hc otcQunt are individually and together responsible for'arty vutstarnding balantO. If two or more i Persons are responsible to pay any outstandinc balance, W12 may refuse to release any of them from liability until all of tha urimpired cards outstanding under the account have INCA returned to. us anti the balance is paid in full. Reasons for equirr`ng Immediate i You will be in default and we can require immediate ! ` payment of all amounts you owe if: (1) you fail to make any requltcd payment by-the Puyrnent Due pate; (?) your New Balance Total exceeds your credit limit, or If we have established a separate Cash Advance credit limit for yau, your outstanding Cash Advance balance exceeds your Cash Advance credit limit; or (3) yvu fall to abide by any other terms of this Agreement. ' If you default, unless prohibited by applicable law, we 3 can also: rcqulre you to pay the collection and court costs we incur in any collection proceeding, and a rea. sonable attorney`s fee if we rerer your account for collec-- tion to an'attorney who is not vut salaried employee, Our failure to exercise any of our rights when you default does not mean that we are unable to exercise those rights upon later default. i Pa nenf Holida s We tctay allow you, from time to time, to omit a- monthly payment. We will notify you when this option is available, if yuu omits payment, Finance Chaves and credit insurance premiums, if any, will accrue on Your balance in accordance with this 4reement. The requirement that You make a m(nimum payment each month will resume rvilowing your payment holiday. Charges Made in Foreign Currencies _ if you incur a charge in* a Forcign currency, the drarge will be converted by Visa IlUrnatlon8l of MasterCard international, depending on which card you. use, into a U.S. dollar amount in accordance with the operating regulatioris or conversibn procedurw in ef(=.at the .tune that the transaction is processed. currently, those. regcitatioris and prow dunes provide that.the currency wn ers1W rate to W used is either (1) awholesale market rate or (2) a government-mandated rate in effect One day prior to the processing date, Increased by one percent in each case, visa or MasterCard retains this one percent as compertsation.for performing the curren. CY co version Smice. The currency conwrclon rate in effect on the processing date may differ from the rate in affect on the transaction date or the posting date. Wiling C Cie A billing o rcle begins on the day after the elosing date shown on your account's }preceding rnanthly statement and ends on the closinU date That appea rs-on your account'& statement for the current Month. 4f AcTu f Izees and Charges AcMunt Cccs; The following fees, hick are set forth on your card carrier, are assessed as Purrhases'in the billing cycle In which such charges accrue. (1) a Late Fee, (2) if yourac•roun is averJ(mit (even if ices or i 1 4 1 ti i i i : Finance Charges assessed by us cause your New Bainnce Total to exceed your credit limit) on the last day of a billing cycle, an averlimit Fee is charged to your account as of the day in the billing cycle that your account went over the credit limit; (3l a Keturried Payment Fee If a pay- ment oil your account is r?turned for insufficient funds or fora.,ny otfierreaSon, even if it is paid upon subsequent presentment; (4),2 Returned Check Fee if we retUm a Check Casts tkfvancv unpaid for any reason, even if the Check Cash Advance is (aid upon sulioequent prosent- ment: (5) if your account is open or (r you maintain ati accoirrit balance; whetheryou Gave active charging privi. loges or not, an Annual Fw. Abaindotied Prdpetty 6argesj Unless prohibited by applicable law, we will charge your account, as a Pure-hus% for dny casts incurred by us associated with Complylag with state abandoned property lays, Additlonael.Account Fans and Charges: Plem review thO Regvired rb-deral Disclosures section of your card carrier for additionol fm and charges that may apply to your account. Beneft You wifl bey offered certain benefits which will be sub- ject to the MStrictions outlined in the benefits brochure prov1ded to you by MSNA Amer o, M13NA Arnertca res,2 ves thQ right to odiust, add,.or delete benefits and services at'any time and without notice. Re al to Rohrer Your Card _ We ate_ not liable for any refusal to honor your card or any Cash Advance or for any retention of your card by us, any other bank, or' any seller or lessor of goods or services. Termination We may suspend yr terminate your light to obtain coedit at any time for any reason. Your obligations under this Agreement continue even after your tight to obtain credit has been suspeiided or terminated. You must return all credit cards to us on reque A- Amendments _ We may amend this Agreement at any time by adding, 5 \11• deleting, or char i provisions in compliance with the j aR?(iable notirrcarion requirenIOM5 of federal law and the law$ orth? State a Delaware. if an amendment gives you the opPQrtunity to reject the dharh and if you rejed chahgc in the! manner provi&d in such amendment, we the MY U ffminate your debt to tePaiYe credit and may ask you j to return all Cr t devic6s as a condition or Your rejec_ lion. Tha amended Agreement (lncludine anY higher rate Or Other higher charges or fees) will'aPply W the entire unpaic) balance, lncltldfng the ttalancc existing before the amendment became efrectlve. ?Ne may replace your t Credit card with another card at ally tltthe. 1 ` A.SSi fil?8f?? f We 11hay at any time, arnai without notice to you, t assign your account, anY sums due on your account, this Agreement or our rights or Obligations under your aunt or this Agreement to any pperson or entity to whom we make any s? assignment shall-be entitled to all of our rights and/or obligat;ons under this Agreement, to the extent assigned, Y Credit Limit t ' Your Credit limit is shown on yourcatd carrior and gen- - erally on each mont* stateinent. We may change your cmdit Bruit or limits from time to time. and we ill fy you if we do. The total amount of credit outstawdi at i any time must not be More than ` .ate establish a se Yvui credit limit. We may partite credit limit for Cash Advances, if we do, YcErroutstanding cash Advance balance may not exceed this Cash Md ance limit. Req es vr4Credit Over Your Credit Ulm s If You west credit in any for in _ 'which, If grantod, would result in either -your totml outstanding balgncc or f your Cash Advanou balance, including authorirmd transac- tions not yet posted to your acwunt, yourcredit limit oryour Cash Advance crreddi Knit ll1we have established one for YOU, (whether or not such bal- ' i _ anCes before the rcuu ? est were more than the respective credit limit), we may., (1) honor the request without per Wrlentiy raising Your credit limit: (2) hoitor the request and treat the amount which is mere than your credit limit G i as Immediately due: ar(3) refuse to honor the request. We may advise the person who made the mque-st thAL i t has been refused. if we refuse to honor a Check Cash Advance or >3alance Transfe ; we may do su by advising the person presenting the Check CB5h Advance or glance Transfer that credit has been refused. that there are insufficient funds to pay the Check Cash advance or Balance Transfer, or In any other manner. If we have previously honored requests for credit cvpr ynvr credlt limit, it does not mean that we will honor further overlimit requests: itwe decide to honor such a request, we may assea3 an 4yerlimit Fee as provided in this Agreeri'eitt. Unauthorked Use of Your Card MezisQ notify us immediately of the loss, ihert, or possibie unauthortrxd use ur ycnrr accmrtc at 1-800-78M701. Go venting Law This Aereernent is made In Delaware, It is ooYeruucl b/ the Iaw; of the State C1 Delaware, without regard to its caufllct of laws principles, and by any applicable federal laws. if any port of this ltgretmetit is found to O Invalid, the rest reniaiiis effective. pur failure or delay- In exer- cising any of our rights under this A?reernont dm not mean that we are unable to exerciso those rights later. Utlyatxon The Arbitration provisions below apply to you unless YOU were given the Opportunity to reject tho Arbitration .provisions and you did so reject them; in which case, You agree that any litigation bruught by you against us regarding this account or this agreement shall be brought in a court located in the State of Delaware, Arbitratt u; Any claim or dispute ("Claim") by either you ur us against the. other, or against the employees, agents or assigns of the other, arising from or relatine In any way to this Agreement or any prior Agreement.or your account (witetlier.under a statute, in contract, tart, or otherwise and whether for money damages, penalties or declaratm or equitable relief), including Clalrns regarding the applicability of this Arbitration Section or the validity of the entire 7 .r? SF %I. Aareernerit or any prior Agreement, shall be resolYed by binding arbitration. The arbitration shall be conducted by the National Arbitration Forum ("NAF'), under the Code of Procedure in effect at the time the Claim i9 filed., Rules aad fauns of the National ArLAtrdUun Forum may be obtained and .calms may be filed at any National Arbitration Forum office, w-Wa6-forVaLCOM, WP0. Box 50191, . t)Alnneapolfs. Minnesota 53405. telephone i• 840-474-237 i, IF the MAT{ is unable or unvillirtg to act as atUtratur, we rwysubstitute aiwUiernationally recognized, laften. dent arbitration organization that Mt s a similar code of procedure. At your writteni request, we Al advance ahy arbitration filing Fee, administrative and hearing fees which you are required to pay to pursue a Claim In at'bl- tmtlon: The arbitrator will dedde.ikho will be ultimately revQnsiblelor paying those (r es. In no event will you be required to reimburse us fpr ony arbitration filing. administrative or hearing lets in art amount Greater than what your cuurt costs would have been if the Claim had been imbed in a'state r,ourt with jurisdiction- Any arbitration hearing at which you appear gill take place w!tNn the federal judicial district that includes your btilin addtess at the Ome the Claim is filed. This arbitra- tiun Agreement is made pursvant to a transaction in olv- Me interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. f¢ 1-16 (;FMI.ludgm=t upar? any arWimtion 'awaid. may be entered in any wort hiving jurisdiction- Tht arbitrator 5ltalt follow existing substantlK law to the aatent consistent. with the FAA and applicable statutes of limitation's and shall honor any -ctiims or prh ilep tevognized by Iaw, if any party . requests, the arbitrator shall write an opinion containing tint: runs for the eward. No Claim submitted to arbitration is heard by a jury and no Claim may be brought as a class action or as a private attoiney general. You do not have the right to act as a class representative or Partidpate as a member of a class of dalmants with respect to any Claim. This arbitration Section applies to all Claims now in exNtence or that may arise in the future. This Arbitration section shall survive tho termination of your account with us-as well as any voluntary pay- ment of the debt in full by you, arty bankruptcy by you 8 or sale of the debt by us. 1 Pbr the purposes of tl as Rrbtuatlon Section, `we' and i "us" means MWA America Nr?, NA, its parent, Sit], ' sidiarieS, affiliates, lltnser's predecessors, successors, assigns, and any purchaser of your account, and all of their i officers. directors, employees, agents and asslgns or any i and all Qf them. Additionally; W or °us' shall mean any j. third party providing benefits, services, or products in i connection with the arrourit (induding but not limited to rrndit bureaus, mord-mms that accept any citdit ' t device issued under the aczvvnt, rewards of enrollMnt services, credit irr.5uranct companies, debt colledom and iii of their officers, directors, employees and ai?gcnts) ? if, and only if, such ai third patty N named by you U5 a co-defendant In any Ciaim yvu assert against us. Alvo; for the purposes of this Arbitration Section, "you" or - "yours" shall mean any person or entit tpproved by us t to use the Account, including but not to all per- (Imited 1 sons or entities contractually obligated on the Account and all autharired users of the acoaunt. i If any part or this Arbitration Section Is found to be i inyalid or unenfQrceabie under any law or statute consis- tent with the FADS, the remainder of this Arbitration section shall be enforceable without regard to sucin ' invalidity or umnforaeability. THE RESULT Ol; THIS ARBITRAT ON AGREEMENT' IS 71W. SKEPTAS PROVIDED ABOVE, CI AIMS CAN- : NUT BE LITIGATED IN COURT. INCIJjPING SOME CLAIMS THAT MULD HAVE UE> N TRIED HEFORE A JURY, AS CLASS ACTIONS OR AS PRIVATE All URNEY GENERAL ACi LONS. Platinfrn Plus Coverage Credit ln's'urance Bet4itS, LimitatknS, Coss Exclusions. i i la trrtr P1trs Q TWP pays: your minimum monthly payment- up to your balancc on the date of loss (not to exceed $15,000), until you return to wQrk"" if you are inyolutiwilly unemployed, telly disabled, or if you of your spouse takes covered family leave. m ttm Pliu ` Caverage also pays }rout insurcd outstanding Wlance up to the Icast of your Outstanding balance, your credit limit , or $15,Ooo if you dle. S 9 _ d1 ors - l 1 1 ?r r i ..1 r' durifle first 6 months of coverage (not NO. Farnily leap benefits are not paid if y°ou are eligible for or rmceiving unemployment benefits vr'are disabled. This is only a brief description of coverage, and cover- ages vary by st2te. please refer to your certificetts for a full explanation of average, Qnftw WO yfr MoLk-et tr1 114" costs apply to Life (L), Disability (D), Unemployment (U) £r Fatnily Leave (F): AL" 49.6c; AK 780; Al; 990; AR 97,50; _CA 89.9c; CO 52,5%; CT 41.890; DE 96,970; DC 95.30: FL 89c; GA 88c; HI 89.91C,- ID 95.20 (L 8.6c, D 12.6-?. U 54C, F ZM: iL 80c: IN 96C: IA 95,k (L 7.2 0, D 14.40, U 540, F 704. KS 85.4c: KY 97..4t; LA 89.% MD 70.54C; MA 18,40; MI 85.70; MN 50.070 . MS.85.2C; MG 61.1 C: MT 93,9: NE 95.ts0; NY 95.%; NH 950; N1 -97c; NM 58R: NY 57.% (L 8.80, D 26.R. U 16.9c); NC_ 74.3c; ND 94.1c: OH 990; OK 92•~41; OR 84.70; PA 38.10: PR 99t; RI 93.15t: SC 840; SD 96.89c; TN 92.51: TX 33.7c (L 5.71, U 120, U 160); UT 91.860; VT 28AC (L 5.991, D 6A1C, F i6c); VA 84 (L6.1c, U UC, U 0,C, F 20,C); WA 840: WY 9520; Wl 93.60 (L 5.70. D 8.40, U.59c, F 2k): WY 95, 5c. ra k bThis coverage Is not available in ME. Involuntary Unemployment is not available In MA or VT N 01Y Leave is not available in AL, CT, MA, MD, MN, NM, NY, PA, or TX. Uhderwr ig _QM Var,tesMp11 q: Involuntary Unemployment: American Security/ilJl (5f85), LOI NY(3N3), AS LOI TX (6192), LOIC-IP-KS 12195), and IoiC- IP; Standard Guaranty= LaI (5165) (RY l only). Life it bisabilily: Unlon Security L(fe/Lrl-Z; Standard Guaranty We (3'X on1yVJ-:-1•Z (02)(3,53RA): Fiat Portis Ofo (NY We on1yYNYI.M0O1.3: and American Security (NY Disability onlyR-S-A. Family Leave: American securitMP (4197). FLP•FL (12.197) in R., FLP-NC (319&) In NC, FLP-OK (4197) in OK, FLP YA (2198) in VA, F1.41? (A7,1(7/98) in A& FL-1P (4197) in 1L lr IN, FL-1P-KS (12/97) in K.S. PL-[P-WY (4147) in WY; Standard Guaranty/FLP (07) in NH: Union Security L fe(FL P-VT (4197) in VT, Salicftlft agents for Mississippi and Floride-ere Charles M. Gordon and Pamela Curtis respectively, This product is not an insured deposit account, is not FDIC inured, Is not euaranteed by MSNA America sank, N.A., and is not a condition of obtaining credit V.f ?f .N-f k:. 'Less past due and over credit limit amounts. In Ml, coverage pays 5' % of the balance on your date ol'disability up to $754. In NY, coverage pays the minimum payment dVo vn your date of loss. *The number of monthly benefit payments will not 2xceed 9 for family leave; 12 for untmoQyment in AL., AK, tTs IL, lid.l, MN. M0; NM, NC, NY, FA, SC Fr TX; 12 for disability exce 1n CA, Hi, IN, K$, Ml, NJ, NY, FA, IV, TX &VI. . NY, NJ & TX Resldentg Vnly; To purchase coverages separately, write to ksurant Group, P.Q. Box 54335, Atlanta, GA 34302. Applications will be sent to you. f i i 1 t MBI A Awrica Bank, NA., Is the mlusiw Issuer and administrator of this and other Platlxum Pius credit card accouri[s t MBNA AmerieaU is a federally registered service mark of MBNA America Bank, N.A. Q 2044 MBNA America Bank, N.A.. NFXF90 (Revlsed 4/2000) 411100 MBNAULOI (MBNA-[JDl nipped LOVFW 7 !z _ .. i-rvh.?-H?tuf zf-r;s-sr?rEr??Et?r PAYHENTS We credit payments as of the date received, if the payment is 1) recetved by 2 p.m. (Eastern Time), 2) received at the address shown in the upper left-hand corner of the front of Us statement, 3) paid. with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order, and 4) sent in the enclosed return envelope %ti only rte top portion of this statement accompanying it Payments received after 2 p.m. on any, day iricluding the Payment Due Date,- but that Otherwise reef the above requirements, wig be credited as of the next stay. We wig reject payments that are not drawn in U.S. dollars and thm drawn on at financial institution located outside of the United States. Credit for any other payments may be delayed up to lire days. No pa ent shag operate as an accord and satisfaction without the prior written approval of one of our Senior Officers. BILLING RIGHTS SUMMARY- in Case of 6rors or Questions About Your Bill If you Ihink yak bill is wrong, or if you need more information about a transaction on your td, please wrke to us-oh a separate sheet of paper or use a copy of the farm provided below. We must receive your written inquiry at P.O. Box 15026, WAriifngtai, OE 19850, no later Chart 60 days after we sent you the first bill On which ??ee transaction or erw appeared You may teleptwne us but doing so does If you need more information, describe the ftem you are unsure about: You do not have to pay any amount in question vrhife we are investigating, but you are obligated lo'pay the parts of your big that are not in question- We cannot report You as delinquent or take any action to collect the amount you question while we investigate your inquiry. If you have authorized us to pay your credit card loci automatically from your savings or checking account with us, you can stop the payment on any amount you think is wrong- To stop the payment your letter must reach us at least three business days before the automatic payment is scheduled to occur. Special Rule for Credit Card Purchases C you have a problem with the quality of Pods Or services that you {wrci-rased with a credit card, and you have tried in good faith to torrent the problem with the merdtant you may not have to pay the remaining amount due on the goods or services. You have this protection only when the purchase (nice was more than $50.and the Purchase was made in your home state or within 100 miles of your mailing address. Of we own or operate tie merchant, or i we marled you fie advertisement for the propel or services, all purchases are covered regaraless of ammit or 10066on of pu cfir ase). not Preserve YOM Wrrmg tights. In your letter or on the form, give the following information your narne and account number, the dollar amount of the suspected ewer, ft pO*V date of the traltsaction in question, and an explanat of you begeve there is an error (dyou are usng the torn, diedc the appropriate boox).. INFORMATIONABOUT THIS ACCOUNT C you y this statements, entire New Balance Total by the Payment Due Date, Pedodkf;-W Fxharm Charges Will not be assessed on Category C or D tre wdams posted during the next bring cyae_ If the Previous Balance shoats W Ihis.statetrient was *d in full by Its Payment Due Date and you pay this statements 4pdre New Balance Total by the Payment Due Date dp m on ft statement, Oren the Category C or D portion(s) of this statements New Balance TotRil wolf not be assessed Periodic Rate Finance urges -during the next bring tyde There Is no grace period for CategoryA or B Cash Advances. CWP.VTA TO WHODS FOR BALANCES SUBJECT TO FINANCE aMGES' Categories A and B - Average Cash Advance Balance (wicluckig now Cash Advances): We calculate the Balarice Subject to Franca Charge for each Cash Advance category fie UlowkV Average Cash Adwatice Balarice metthod: Each day. d the axrent cycle, we take the begirwin CashAdwdncebalance, ssubbUad payrtiettts or t ed. Friae Charges. add new Cash Advances. and gives us. the dally Cash Advance ¢atarice . If any daily balance is less than zero we vA treat Chat balance as zero. We add together the cram Wring cjrde's dally cash Advance, balances. We then inckide, for each day prior4o the currieril bicycle • balances on Cash Advances that had a bamcgon date prior to rte ( bicycle W which were posted to YVA a_ocotrtit ii the im rent bURV cycle. We divicie ft loW by the number of days the = cyde• This gives us the Average Cash Advance BaWice (a. Balance Cal C and D - Average Dally Balance Cttdudatg new Pwv hases): We cal at tie Balance Subject to Frianoa Charge for each coif these categoe" using ? Dag' Each day. we take the begtcxinhg balance: sawed fist wpak France Charges, dd new frartsactions and new Aiccouint Fees, and Snbltad payments or credits- This gives us rte dd* balance. We do not add the costs for either the Credit Protection PEan or for Credit tteJ ce cycle aft" wictased ?MBNA in rte beginning batarice Until the W day of cycle in witidh tftey are billed. We do not add new CUSTOMER STATEMENT OF. DISPUTED ITEM (You mrut trse a sr IF YOU BELIEVE A TRANSACTION ON YOUR STATEMENT IS AN ERROR, COMPLETE AND SIGN OR WRITE A DETAILED LETTER ON A SEPARATE SHEET OF PAPER AND THEN RETURN IT TO. PLEASE DO 'NOT ALTER WORDING ON THIS FORM OR MAIL YOUR LETTER OR FORM WITH Y1 Iransactiais. new Account Fees, or new Cash Equivalent Transaction Fees it the previous, BaLvm shown on this statement was Paid in U by Is Payment Due Date If any dairy balance Is less than zero we will least that balance as zero. We add Cue daily balances for the briorg cycle logetier and divide the total by the minx ber of days In the billing cyde. This gives ru 1he Average Daffy Balancee (a Balance Subject to France Charge). TOTAL PERIODIC RATE FINANCE CHARGE COMMA ITON Periodic Rate Finance charges accrue and are compounded on a dally basis. To detem*ie the Periodic Rate France Charge for each category, we miApiy the Balance Subject to Finance Charge by its applicable D* Periodic Rate and that result by the number of days in the bWiii cy*. To de&a** the total Periodic Rate France Charge for the bTgng , we add the Periodic Rate Ftnanc?e Charges for each category together. Daly Periodic Pate is calculated by drvldxmg Its corresponding Annual Percentage Rate by 365. IF YOUR ANNUAL FEE IS BILLED ON THIS STATEMENT . RENEW For terms and conditions of your accaxtt, consult your Credit Card Agreement. k Wduakzed BarJC4cd Services Is a traderiame of MBNA America Bank, NA This aocaxt is issued and adin stened by MM Atedca Barak, NA h form (Or each drspafe, Please print) YOUR NAME 7RANSACiM DATE: ?Sn"G DATE Please ?z y ? 3. Q 4. ? s. ? 6- .. f teA us below why you think the item rioted above is an error Check onf one boz. The amount of the charge was increased from S to s or my sales slip was added incorrectly. Endo„ed is my copy of the sales daR that shows the correct amoom I certify that the charge rested above was not made by me or a person auttorized by me to use my card, not were the goods or services represented by Ube transaction received by me a a person authorized by me. (if you do not recognize a sale, choose this option.) I have not received the merchandise that was to be shipped to me on (date). I have asked the merchant b avai my accamt The attached credt slip was fisted as a charge on my statement I was issued a credit sip fiat was not shown on my statemerd. A ropy of my credit slip is enclosed. Although I dud engage in the above transaction, 1 dtspute the entire charge or a portion in the amount of . 1 have contacted the merchant and requested a credit adjustment. I either did not receive tuts credit or it was unsatisfactory. I am disputing this charge because INK, ACCOUNTIMOER: REFERENCE UMBER- AMOUNT: S TRANSACTMN DESCRIPTION: 7. 1 o fft that the charge in quesfan was a single tansacli%% but was posted twice to my statement. I did not authorize the second transaction. Sale 11 = Reference # Sale 12 S Reference # 8. 1 notified tie merchant on o cancel tie preautlio&ed mw (reservation). Please rote canodation r and t available, enclose a Oopy of your Wel t ne bill showing date and fire of cancellation. Reason for rancedation: 9. kgtiough I dud engage in a tratisadiou with the merdtank I was billed for harsac6on(s) Totaling t that .1 old not engage In, nor did anyone else authorized to use my card. I do have all my cards in my possession. Enclosed is a copy of my sales sip for the raid charge. 10. Metdhar dose that was shipped to me has arrived damaged wWoc defecL,m- I returned it on (date) and asked the merchant to credit my account 11. 1 have returned merchandise on because (If box i0 or 11 was dtecked, please provide date merchandise was returned and a copy of the return rece(pt) I?- Other. Please exptain_ 1?1 ¢ check "r OM boy do lot +Ra.r ordtng on this fo,m, -d pro sales diart) rrdwcopres of airdoarmehtiGart rh.r Nraf ac k,resfegate your dispute- (h., contracts, invoices, dearrea letter. s .a 71 'SiaiiatUreiretJut •_. . ...... Date: CERTIFICATE OF PURCHASE I, KE N N ETH D. U R BAN hereby depose and state that: 1. I am an Authorized Agent of CACV OF COLORADO, LLC, a Colorado Limited Liability Company. 2. As such, I am authorized to give this Certificate, and possess sufficient personal knowledge to do so regarding: Customer Name: RICHARD A. HUGHES Original Creditor: Mbna America Bank,N.A. Account Number: 4313042999084342 3. On or about January 17, 2003 this account was issued by the original creditor. CACV OF COLORADO, LLC is the current owner of the account and purchased the account for good and valuable consideration. AUG G 7 2006 Date: Sworn and subscribed to before me this 2006. . Notary Public My Commission Expires: By: day of PRUDENCE TINBERG NOTARY PUBLIC STATE OF COLORADO My Commission Expires 05/03/2010 M, National Arbitration Forum® April 19, 2006 Richard A Hughes 23 Chestnut St Mt Holly Spgs, PA 17065 CACV of Colorado, LLC. c/o P. Scott Lowery, P.C. Jim Wolf Attorneys for Claimant Cherry Creek Corporate Center 4500 Cherry Creek Drive South. Suite 700 Denver. CO 80246 RE: CACV of Colorado, LLC. v Richard A Hughes File Number: FA0510000571392 Claimant Reference Number: 12615160030101270 Dear Parties: Enclosed and served upon you by United States Mail is a copy of the Award, which has been entered in this matter. This case is now closed with the National Arbitration Forum. All future inquiries regarding this case should be directed to the opposing Party. Sincerely, ""t'A,? kor7Ld Tara M Koons Case Coordinator Enclosure P.O. Box 50191, M ?-ffl ? T 0 4 17 www.arhitration-forum.com STATE OF COLORADO COUNTY OF ARAPAHOE AFFIDAVIT OF ARBITRATION SERVICE PROCESS BEFORE ME, the undersigned, duly commissioned and qualified in and for the state and county aforesaid, personally came and appeared: JIM WOLF who, being duly sworn, did depose: 1) That he is of lawful age. 2) That he is employed as an attorney in the firm of P. Scott Lowery, P.C.; 3) His staff filed a Claim with the National Arbitration Forum on RICHARD A HUGHES, Exhibit "A", to be served upon the Respondent at the last known address, by UPS 2°a Day Air, Adult Signature Required, postage prepaid as reflected by Exhibit "B". 4) His staff received the delivery notification that Respondent had been served a copy of the National Arbitration Forum Claim and Notice of Arbitration on January 9, 2006. This service is in accordance with National Arbitration Forum Code of Procedure Rule 6 with confirmation signature of "Hughs", a copy of which is attached as Exhibit "B". Further Affiant sayeth not. SWORN TO AND SUBSCRIBED BEFORE ME THIS tq DAY OF Dcjo he-r- , 20 06. 01 44?1 NOTARY PUBLIC IN THE NATIONAL ARBITRATION FORUM CLAIM CACV of Colorado, LLC. c/o P. Scott Lowery, P.C. Attorneys for Claimant Cherry Creek Corporate Center 4500 Cherry Creek Drive South Suite 700 Denver, CO 80246 USA CLAIMANT, Richard A Hughes 23 Chestnut St Mt Holly Spgs, PA 17065 USA RE: CACV of Colorado, LLC. v Richard A Hughes Forum File Number: FA0510000571392 Account Number: 4313042999084342 Claimant Reference Number: 12615160030101270 RESPONDENT(S) RESPONDENT(S): THIS IS AN ARBITRATION CLAIM AGAINST YOU FOR MONEY OR OTHER RELIEF. YOU HAVE THIRTY (30) DAYS TO SERVE CLAIMANT WITH A WRITTEN RESPONSE. IF YOU DO NOT SERVE CLAIMANT AND FILE WITH THE NATIONAL ARBITRATION FORUM A WRITTEN RESPONSE, AN AWARD MAY BE ENTERED AGAINST YOU. For a Claim against Respondent(s), CACV of Colorado, LLC. states: 1. By way of contract and retention and use of the account issued by MBNA America, Respondent(s) became bound by the terms of MBNA America Account Agreement (The Agreement), which is attached hereto and incorporated herein by reference. Claimant is the successor-in-interest to said issuer MBNA America by way of the purchase of the above-referenced account of Respondent(s). 2. Respondent(s) is/are in default under the terms of the Agreement and is/are now indebted to CACV of Colorado, LLC. in the amount of $4830.28 as reflected in the attached account summary, plus interest in the amount of $3096.96 as of the date of filing and to continue at the contract rate of 24.98% in accordance with the books and records of MBNA America. See, 5 Del. C. § 941 et seq. 3. The date of the last payment received on the account was October 31, 2002. Despite repeated attempts by both MBNA America and now CACV of Colorado, LLC., as successor-in-interest, to resolve this matter, Respondent(s) has/have not paid the amounts due. 4. Claimant herewith prays for an Award for the amounts reflected in Paragraph 2, plus Attorneys fees of $966.06, as permitted by the laws of Delaware, Process of Service fees, and all Arbitration Fees, as are similarly provided for by the Account Agreement and the governing law of the state of Delaware. The attached Agreement contains a Delaware choice of law provision and a provision for "reasonable" attorneys fees. Delaware law specifically provides that an attorney fee may be awarded in an amount up to 20% of an unpaid claim if allowed by law. See, 10 Del. Code §3912 (Pleading & Practice). CAM Arbitration Claim Form 001 5. The MBNA America Account Agreement, which is attached hereto and incorporated herein by reference, contains a litigation and arbitration provision that states, in pertinent part: The Arbitration provisions below apply to you unless you were given the opportunity to reject the Arbitration provisions and you did so reject them; in which case, you agree that any litigation brought by you against us regarding this account or this Agreement shall be brought in a court located in the State of Delaware. "Arbitration: Any claim or dispute ("Claim") by either you or us against the other, or against the employees, agents or assigns of the other, arising from or relating in any way to this Agreement or any prior Agreement or your account (whether under a statute, in contract, tort, or otherwise and whether for money damages, penalties or declaratory or equitable relief), including Claims regarding the applicability of this Arbitration Section or the validity of the entire Agreement or any prior Agreement, shall be resolved by binding arbitration. The arbitration shall be conducted by the National Arbitration Forum ("NAF"); under the Code of Procedure in effect at the time the claim is filed. Rules and forms of the National Arbitration Forum may be obtained and Claims may be filed at any National Arbitration Forum office, www.arb-forum.com, or P. O. Box 50191, Minneapolis, Minnesota 55405, telephone 1-800-474-2371. If the NAF is unable or unwilling to act as arbitrator, we may substitute another nationally recognized, independent arbitration organization that uses a similar code of procedure. At your written request, we will advance any arbitration filing fee, administrative and hearing fees which you are required to pay to pursue a Claim in arbitration. The arbitrator will decide who will be ultimately responsible for paying those fees. In no event, will you be required to reimburse us for any arbitration filing, administrative or hearing fees in an amount greater than what your court costs would have been if the claim had been resolved in a state court with jurisdiction. Any arbitration hearing at which you appear will take place within the federal judicial district that includes your billing address at the time the Claim is filed. This arbitration agreement is made pursuant to a transaction involving interstate commence, and shall be governed by the Federal Arbitration Act, 9 U. S. C. §§ 1-16 ("FAA"). Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow existing substantive law to the extent consistent with the FAA and applicable statutes of limitations and shall honor any claims or privilege recognized by law. If any party requests, the arbitrator shall write an opinion containing the reasons for the award. No claim submitted to arbitration is heard by a jury and no Claim may be brought as a class action or as a private attorney general. You will not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim. This Arbitration Section applies to all Claims now in existence or that may arise in the future. This Arbitration Section shall survive the termination of your account with us as well as any voluntary payment of the debt in full by you, any bankruptcy by you or sale of the debt by us. For the purposes of this Arbitration Section, "we" and "us" means MBNA America Bank, N.A., its parent, subsidiaries, affiliates, licenses, predecessors, successors, assigns, and any purchaser of your account, and all of their officers, directors, employees, agents and assigns or any and all of them. Additionally, "we" or "us" shall mean any third party providing benefits, services, or products in connection with the account (including but not limited to credit bureaus, merchants that accept any credit device issued under the account, rewards or enrollment services, credit insurance companies, debt collectors and all of their officers, directors, employees and agents). If, and only if, such a third party is named by you as a co-defendant in any Claim you assert against us. Also, for the purposes of this Arbitration Section, "you" or "yours" shall mean any person or entity approved by us to use the account, including but not limited to all persons or entities contractually obligated on the Account and all authorized users of the Account. If any part of this Arbitration Section is found invalid or unenforceable under any law or statute consistent with the FAA, the remainder of this Arbitration Section shall be enforceable without regard to such invalidity or unenforceability. THE RESULT OF THIS ARBITRATION SECTION IS THAT EXCEPT AS PROVIDED ABOVE, CLAIMS CANNOT BE LITIGATED IN COURT, INCLUDING SOME CLAIMS THAT COULD HAVE BEEN TRIED BEFORE A JURY, AS CLASS ACTIONS AS PRIVATE ATTORNEY GENERAL ACTIONS." CAM Arbitration Claim Form 001 The undersigned counsel for Claimant asserts, under penalty of perjury, that the information contained in this Claim and the supporting documents attached hereto are accurate. RESPONDENT(S) MUST SEND A WRITTEN RESPONSE TO THE NATIONAL ARBITRATION FORUM, WITH A COPY TO THE CLAIMANT, WITHIN 30 DAYS OR AN AWARD MAY BE ENTERED IN FAVOR OF THE CLAIMANT. Respectfully submitted P. Scott Lowery, P.C. Attorneys for Claimant David L. Michael, #243 James R. Wolf, #30582 Annette M. Powell, #34817 Cherry Creek Corporate Center 4500 Cherry Creek Drive South Suite 700 Denver, CO 80246 Toll Free (866) 365-6185 Local: (303) 218-7550 Fax: (303) 218-7549 or (303) 218-7548 CAM Arbitration Claim Form 001 SUMMARY OF ACCOUNT INFORMATION 10/04/2005 - RICHARD A HUGHES ACCOUNT STATUS REPORT Date Filed: 10/04/2005 Account Number: 4313042999084342 Primary Account Holder: RICHARD A HUGHES Address: 23 Chestnut St Mt Holly Spgs, PA 17065 Home Phone: (717) 486-8492 Work Phone: (111) 111-1111 Secondary Account Holder: Address: Home Phone: Work Phone: Balance: $4830.28 Interest Rate: 24.98% Last Payment Date: 10/31/2002 INFORMATION DRAWN FROM ACCOUNT RECORDS AND CURRENT AS OF THE DATE FILED NOTICE OF ARBITRATION Dear Respondent: AN ARBITRATION CLAIM HAS BEEN FILED AGAINST YOU. Enclosed and served upon you is the Initial Claim. You may obtain a copy of the Code of Procedure, without cost, from the Claimant or from the Forum at WWW.ARBITRATION-FORUM.COM or 800/474-2371. IF YOU DO NOT DELIVER TO THE CLAIMANT AND FILE WITH THE FORUM A WRITTEN RESPONSE, AN AWARD MAY BE ENTERED AGAINST YOU. AN ARBITRATION AWARD MAY BE ENFORCED IN COURT AS A CIVIL JUDGMENT. YOU HAVE THIRTY (30) DAYS TO RESPOND FROM RECEIPT OF SERVICE. You have a number of options at this time. You may: 1. Submit a written Response to the Claim, stating your reply and defenses to the Claim, together with documents supporting your position. Your Response must be delivered to the Claimant and filed with the Forum. Read National Arbitration Forum [NAF] Code of Procedure Rule s 13 and 6C. Proof of delivery of the Response on the Claimant must also be filed with the Forum. Read NAF Rules 2A, 2M, and 2AA. Proof of delivery can be a statement: "Respondent, under penalty of perjury, states that the Response was delivered to Claimant by [explain how delivered, such as mail or other methods in NAF Rule 6C]". A Counter Claim, Cross-claim or Third Party Claim must also be delivered and filed with the Forum, and accompanied by the fee as provided in the Fee Schedule. Read NAF Rules 14, 15, and 16. Forms for such Response and Claims may be obtained from the Forum. If you fail to respond in writing to the Claim, an Award may be entered against you and in favor of the Claimant. 2. Select a Document Hearing or a Participatory Hearing. You may request a Hearing in your Response or in a separate writing. You may select a Document or Participatory Hearing, and you may also request a Hearing on-line or by telephone. If an In-person Participatory Hearing is selected, it will be held in the federal Judicial District where you reside or do business, unless you have agreed otherwise. Your written Request for a Hearing must be filed with the Forum. You must also deliver a copy of your Request to the Claimant and any other Parties. Read NAF Rules 25 and 26. 3. Have other options. You may seek the advice of an attorney or any person who may assist you regarding this arbitration. You should seek this advice promptly so that your Response can be delivered and filed within the time required by the Code of Procedure. Read NAF Rule 5 for a Summary of Arbitration Procedures. If you have any questions about responding, you may contact the Forum. The Forum is an independent and impartial arbitration organization, which does not give legal advice or represent parties. THIS SUMMARY IS NOT A SUBSTITUTE FOR READING AND UNDERSTANDING THE CODE OF PROCEDURE WHICH GOVERNS THIS ARBITRATION. National Arbitration Forum P.O. Box 50191 Minneapolis, MN USA 55405-0191 (800) 474-2371 info@arb-forum.com ARBITRATION-FORUM.COM 'UPS: Tracking Information Delivery Notification Dear Customer, This is in response to your request for delivery information concerning the shipment listed below. Tracking Number: 1Z 8V2 053 A6 4585 860 7 Service Type: 2ND DAY AIR Delivered on: 01/09/2006 2:04 P.M. Delivered to: 23 CHESTNUT ST MOUNT HOLLY SPRINGS, PA, US 17065 Signed by: HUGHS l Location: RESIDENTIAL Thank you for giving us this opportunity to serve you. Sincerely, United Parcel Service Tracking results provided by UPS: 10/16/2006 10:57 A.M. EST (USA) Page 1 of 1 https://wwwapps.ups.com/WebTracking/processPOD?IineData--HARRISBURG%5 EKB... 10/16/2006 National Arbitration Forum@ CACV of Colorado, LLC. 370 17th Street Suite 5000 Denver, CO 80202 CLAIMANT(S), AWARD RE: CACV of Colorado, LLC. v Richard A Hughes File Number: FA0510000571392 Claimant Account Number: 4313042999084342 Richard A Hughes 23 Chestnut St Mt Holly Spgs. PA 17065 RESPONDENT(S). The undersigned Arbitrator in this case FINDS: I . That no known conflict of interest exists. 2. That on or before 10'03/2005 the Parties entered into a valid. written contract providing that this matter shall be resolved through binding arbitration in accordance with the Forum Code of Procedure. This matter is arbitrable under the terms of the parties' arbitration contract and the law. 3. That this matter involves interstate commerce and the Federal Arbitration Act governs this arbitration. 4. That the Claimant has filed a Claim with the Forum. 5. That the Claim was properly served on the Respondent by Claimant in accordance with Rule 6, including a Notice of Arbitration. 6. That the matter has proceeded in accord with the applicable Forum Code of Procedure rules. A Second Notice of Arbitration was sent to the Respondent by the Forum. 7. That the Parties have had the opportunity to present all evidence and information to the Arbitrator. An arbitration hearing notice was duly delivered to the Parties as required by the Forum Rules. 8. That the Arbitrator has reviewed all evidence submitted in this case. 9. That the evidence submitted supports the issuance of this Award. 10. That applicable substantive law supports the issuance of this Award. Therefore, the Arbitrator ISSUES: An Award in favor of the Claimant, for a total amount of $9,585.56. Entered and Affirmed in the State of Pennsylvania ACKNOWLEDGEMENT AND CERTIFICATE OF SERVICE This Award was duly enter a Forum hereby certifies that a copy of this Aw is s?et?gf t class mail postage prepaid to the Parties t th ve re nc d addresses, or their Jared D. Simm , Esq. R re ntatives on th d1a Arbitrator hill 11I3 !1111 ?- Date: 04/19/2006 Ho"Y? ab)Wllai ld JZ4'Uni,° Director } VERIFICATION , E N N ETH 1. URBAN hereby depose and state that: The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the foregoing document and the factual information contained therein is true and correct to the best of my personal knowledge. I am the Authorized Representative and a duly authorized representative of the plaintiff; 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 Richard A. Hughes owes the balance of $9,585.56 to CACV OF COLORADO, LLC on previously submitted invoices, which balance is due and unpaid as if the date of the execution of this Verification. I am aware that if any of the foregoing is willfully false, I am subject to punishment. I understand that false statements made herein are subject to the penalties relating to unsworn falsification to authorities. Dated: Authorized Representative ? is c tAi i VJ ? l s -0 v CASE NO: 2007-02190 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF tENNSYLVANIA: COUNTY OF CUMBER AND CACV OF COLORADOILLC VS HUGHES RICHARD RICHARD E SMITH Cumberland Coun says, the withi HUGHES RICHARD Sheriff or Deputy Sheriff of ,Pennsylvania, who being duly sworn according to law, COMPLAINT & NOTICE was served upon the DEFENDANT , at 1244:00 HOURS, on the 27th day of April 2007 at 23 CHESTNUT STREET MT HOLLY SPRING$, PA 17065 by handing to RICHARD HUGHES a true and attested copy of COMPLAINT & NOTICE together with and at the sameltime directing His attention to the contents thereof. Sheriff's Costs Docketing Service Affidavit Surcharge 5Ja9/0I 18.00 5.76 .00 10.00 .00 V 33.76 Sworn and Subs ibed to before me this of day So Answers: e?,7 Z-, R. Thomas Kline 00/00/0000 By: Deputy Sheriff A.D. Jul 23 2007 3:18 ROBERT M. REIBSTEIN 61066714''',?'*"?w? p.3 ROBERT M. REMSTEIN, ESQUIRE 705 Montgomery Avenue Narberth, PA 19072 (610) 664-1999 Attorney I.D. No. 20456 CACV of COLORADO, LLC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA VS. RICHARD A. HUGHES NO. 07-2390 CIVIL TERM CIVIL ACTION STIPULATION TO FOREBEAR FROM EXECUTION THIS MATTER having been opened to the Court by Robert M. Reibstein, Esquire, attorney for Plaintiff, CACV of Colorado, LLC, and Douglas C. Lovelace, Jr., Esquire as attorney for Defendant Richard A. Hughes 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 3yc? day of , hereby Stipulated and agreed by the parties as follows: 1. Judgment is being entered against the Defendant, Richard A. Hughes in the sum of $9,$00.00 including record costs. It is agreed that no execution shall be initiated so long as Defendant makes payments in the sum of $100.00 per month for a period of twenty eight months followed by monthly payments in the sum of $250.00 per month for a period of thirty five (3 5) months commencing with the fast payment to be made on or before August 10, 2007 and thereafter payments being made by the 10th of each month. 2. It is further agreed that should Defendant make all payments in a timely manner without default being declared on the balance with Defendant making payments totaling $5,450.00 on or before August 10, 2009, then the judgment against Defendant shall be satisfied for Jul 23 2007 3:18 ROBERT M. REIBSTEIN 610667149 P•4 that lesser sum. All payments shall be made payable to Plaintiff and be received by Plaintiffs attorney at P.O. Box 527, Narberth, Pennsylvania, 19072. 3. Default shall be deemed to have occurred in the even 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 of default being given to Defendant's attorney by facsimile, (717) 241-2280 and (717) 385-1866 and by First Class Mail, Proof of Delivery to Defendant at 23 Chestnut Street, Mount Holly Springs. PA 17065. If a default occurs and is not cured after appropriate notice, then execution may be re- initiated by Plaintiff for the remaining balance on the judgment and costs plus lawful interest at 6% on an annual basis from the date of judgment without giving any further notice to Defendant having given Defendant credit for any aforementioned payment made as on account. ROBERT M. REIBSTEIN, ESQUIRE Attorney for Plaintiff //r DOUGLAS C. LOVELACE, 3R. Attorney for Defendant C} b C c -rt IT! -0 Fri r Jul 23 2007 3:18 'RGBL'hT M. REIBSTEIN ROBERT M. REIBSTEIN, ESQUIRE 705 Montgomery Avenue Narberth, PA 19072 (610) 664-1999 Attomey I.D. No. 20456 CACV of COLORADO, LLC. vs. RICHARD A. HUGHES 6106671499 jW%-- * p.2 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 07-2390 CIVIL TERM CIVIL ACTION CONSENT ORDER FOR JUDGMENT THIS MATTER having been opened to the Court by Robert M. Reibstein, Esquire, attorney for Plaintiff, CACV of Colorado, LLC, and Douglas C. Lovelace, Jr., Esquire as attorney for Defendant Richard A. Hughes and it further appearing that for good cause shown and no cause being shown to the contrary; IT IS on this 3 r-k day of HEREBY ORDERED that Judgment be given and that same is hereby entered against Defendant Richard A. Hughes in the sum of $9,800.00 including record costs. WE HEREBY CONSENT TO THE ORDER 1 AND ENTRY OF THE WITHIN ORDER: ROBERT M. REIBSTEIN, ESQUIRE Attorney for Plaintiff DOUGLAS C. LOVELACE, JR. Attorney for Defendant ,,.,•- m ? ??' Q -n ?.., ?+ -? -F ? t ?' .: . ? ? ? ? ? ?' n IPYIOTHONOTARY If you have any questions concerning the above captioned case, please contact: ROBERT M. REIBSTEIN, ESQUIRE 705 Montgomery Avenue Narberth, PA 19072 (610) 664-1999 Attorney I.D. No. 20456 (Rule of Civil Procedure No. 236) CACV OF COLORADO, LLC vs. I RICHARD A. HUGHES IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 0- A3ga divi l Tecm ATTORNEY I.D. NO. 20456 CIVIL ACTION Notice is given that a judgment in the above captioned matter has been entered against Defendant on - A tv 2007, in accordance with provision of Pa. R.C.P. 236. .. . MORRIS & ADELMAN, P.C. BY: ROBERT M. MORRIS, ESQUIRE IDENTIFICATION #67896 POB 30477 Philadelphia PA 19103-8477 215/568-5621 ATTORNEY FOR PLAINTIFF CACV of Colorado, LLC CACV of Colorado, LLC 1999 Broadway Denver, CO 80202 VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION Richard A. Hughes 23 Chestnut Street Mount Holly Springs, PA 17065 NO. 07-2390 CIVIL ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance for CACV of Colorado, LLC, Plaintiff in the above-captioned matter. &,ADELMAN, P.C. BY: RSPERT M. MORRIS Attorney for Plaintiff t'? m