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Home My WebLink About08-0962IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT CO. Plaintiff V. NO. 0 S - MARK Q HAWBAKER Defendant(s) COMPLAINT IN CIVIL ACTION Filed on behalf of: BENEFICIAL CONSUMER DISCOUNT CO. Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PI- PA _ I I Cmph Cvr Sht P&F File No. 07-19526 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT CO. Plaintiff V. MARK Q HAWBAKER Defendant(s) 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 an attorney. and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. NO. Usted ha sido demandado en corte. Si usted desea defenderse de las demandas que se presentan mas adelante en ]as siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted fall de tomar accion como se describe anteriormente, el caso pude proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad au otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCF,.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 REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO SI USTED NO PUEDE PAGAR NOR LOS SERVICIOS DE UN ABOGADO, ES POSSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRF, AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSO A PERSONAS QUE CALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 PA_2]Notice to Defend P&F File No. 07-19526 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT CO. Plaintiff V. MARK Q HAWBAKER Defendant(s) COMPLAINT IN CIVIL ACTION NO. OF- /9'G a Cam;.( 7, AND NOW, comes Plaintiff, BENEFICIAL CONSUMER DISCOUNT CO., by and through its attorney, GREGG MORRIS, ESQUIRE and the law offices of PATENAUDE & FEI.IX, A.P.C. and files the following Complaint in Civil Action, and in support thereof aver as follows: Count I Account Stated 1. Plaintiff, BENEFICIAL CONSUMER DISCOUNT CO., is a corporation with offices with an address for the purposes of this litigation C/O the law offices of Patenaude and Felix, APC, 213 E. Main Street, Carnegie, PA. 2. Defendant(s) is MARK Q HAWBAKER, an adult individual, believed to currently reside at 512 N 2ND ST WORMLEYSBURG, PENNSYLVANIA 17043--100. 3. Heretofore, the Defendant(s) opened an account with Plaintiff being Account No. 71171400578370. A copy of the Account Agreement is attached hereto as Plaintiffs Exhibit "A" and is incorporated herein by reference. 4. The Defendant(s) made payments, but has refused to pay, and now refuses to pay PA-05A Civil Cmplt Crdt Line P&F File No. 07-19526 the balance due and owing on the aforesaid account and now the full amount of the account is due and payable in the sum of $9,528.76 as of 08/18/2007, plus interest at 20.99 % and cost. Plaintiff maintains accurate books of account recording all credits and debits for this account. 6. Defendant(s) have/has received monthly billing statements from Plaintiff setting forth the nature and amount of all debits and credits and the transactions between Plaintiff and Defendant(s) give rise to an account stated, upon which Plaintiff has relied. 7. By failing to object or dispute the statements, Defendant(s) have/has assented to and agreed to the correctness of the balance due on the credit card account so as to constitute and account stated. WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant(s), in the amountof $9,528.76 plus interest as attached hereto, with continuing interest thereon at the legal rate from the date of Judgment plus costs. Counts II Breach of Contract 8. The averments of paragraphs 1 through 7 are incorporated herein by reference as if the same were set forth herein at length. 9. Defendant completed an Application for Credit and the Agreement is attached hereto as Plaintiffs Exhibit "A" and is incorporated herein by reference. 10. Defendant is in default for failing to make payments as due. 11. The terms of the Contract provided that Defendant will pay Plaintiffs reasonable attorney's fees. 12. Plaintiff avers that counsel for Plaintiff is not a salaries employee of Plaintiff and that such attorney's fees will amount to $2,500.00. PA-05A Civil Cmplt Crdt Line P&F File No. 07-19526 WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant(s), in the amountof $9,528.76 plus interest as attached hereto, with continuing interest thereon at the legal rate from the date of Judgment, reasonable attorney's fees in the amount of $2,500.00 plus costs. submitted: Dat r L. 273 E. Main Str6 Carnegie, PA 151 (412) 429-7675 .C. PA-05A Civil Cmplt Crdt Line P&F File No. 07-19526 PERSONAL CREDIT LINE ACCOUNT AGREEMENT (Page 1 of 3) LENDER (called "We", "Us", "Our") BENEFICIAL CONSUMER DISCOUNT COMPANY 4910 CARLISLE PIKE SUITE 104 MECHANICSBURG PA 17050 BORROWERS (called "You", "Your") HAWBAKER, MARK 0 SST? 211524387 512 N 2ND ST WORMLEYSBURG PA 17043 LOAN NO: 71 1714-17-505198 --PERCENTAGE aE -RATE 01 : AND.OVER 1,750 % z 21.000 % E t 5500 09/28101 INIT{AL ANNUAL- aUNEOUENT ANNUM. FEE t .00 50.00 m In this Agreement, "you", "your" and "Borrower" mean the customer(s) why signs this Agreement. "We", "us", "our" refer to Lender. This Agreement covers the terms and conditions `of your Personal Credit Line Acct ("Account"). We want you to? understand how your Personal Credit Line Accuoit works. Read this carefully, ask us questions, and if you agree to be bound by this Agreement, sign below. If ri?iore than one person signs, each wil responsible for repaying all sums advanced under this Agreement. Your Personal Credit Line Account is a revolving line of credit extended to you and secured as described below. can obtain funds from your Personal Credit Line Account (up to your credit limit) directly from us or by using special checks we supply to you. You may pay your total unpaid balance at any. time or in installments. YOU ARE GIVING US A SECURITY INTEREST COVERING: INSURED YEAR DESCRIPTION MAKE/MODEL SERIAL NUME Y PERSONAL PROPERTY ON EXHIBIT 1 REQUIRED INSURANCE. You may obtain any required insurance from anyone you choose and may assign any other polic insurance you own to cover the security for this loan. You must have insurance covering securit3 this loan as indicated by the word "YES" below, naming us as loss payee. Physical damage insurance on vehicle listed under "Security" above. if "Y" appears under "Insured". Physical damage insurance on other property under "Security" above, if "Y' appears under "Insured". NOTICE SEE THE FOLLOWING PAGES FOR ADDITIONAL PROVISIONS AND IMPORTANT INFORMATION REGARDING YOUR RIGHTS TO DISPUTi f 03-0100 F NRE h?' !/?/ PAI N179008642097RLA9000PA8563110N"HAWBAKER N ORIGINAL "l? '1 Per"111 I Credit Line Account Agreement (P AVAILABLE CREDIT. You may obtain funds directly from us or through your special h age 2 of 3) c ecks Up to your available credit. Each check must be written for at least $100.00. Your available credit is credit limit h BAD hoc CHECK CHARGE. You will returned Pay a f°° of $20 if any per check Is becau s your own Including Finanto Ch peps°g of one) lass the total unpaid balance, . YOU a se insufficient funds or is other . You agree that Lander may d d t n payments b your Account. If you make loan Y check, we will adjust your available c ft d thly pa e uc m Omhly Wyment. this charge frc re a it :oven days er we receive your check to allow'for check clearing, if you request funds in an amount that would cause you t avail b LATE CHARGE, If day s after You do not pay the Minimum P '1l th °)' the due date shown wfil m a o exceed le credit, we are not obligated to honor our Your request do land you an amount o If we on your blllinp sta te jn°, 9 charge you a late charge equal to the greater of 10 W % amo ver your available credi , us that excess amount , you agree to pay plus Finance Char es Li d O unt or :20.00. of the peyl g an ver the Credit mit Charges, It any, immediately. PR OVER THE CREDIT LIMIT CHARGE. We may chare ou $2500 if Issue a special check for hi e - OMISE TO PAY. You promise to pay Lander (a) amounts borrowed under this Agreement; (b) Finan w ch you do not hav soft ci•nt credit and which is returned tow b wail by the bank on whic h it i ce Cheroot, Administrative Charges hate charge, bad check charge, and over the credit limit charge), and other charges provided in hi s r e OTHER CHARGES. You agree to a an amount actual us In P a t s Agreement, (c) credit Insurance charges, if any; -(d) collection costs Including permitted by applicable law reasonable attorne ' f tt l Account for pars pr opef ytxes ersonal g and o ? dHj Line You agree that ti and recordin foss may be charged to gee that ti A , ys ace; and lei amounts in excess of your credit limit that may Is e you. your your ccount balance. EXCHANGE OF I PAYMENT. You may re Pay your entire outstanding balance at any time without penalt Y NFORMATION. You understand that from time time we may receive credit information concern( from oil such as stores th you y. ou may not use your special checks to pay any amounts due. under this Agreement. Because the Finance Cha Is computed e h , o er lenders, and credit reporting agencies. a ee. authorize us to share any information, on a regular basis re lated to eac rg day, you will contact us regarding the exact payoff amount for the day You intend to make full payment rdi , we ob limited t your Account, including but not affili and tcredit rap with any of our b ri v ' r . If you you do not pay the entire unpaid balance on your Account at once f agree to pay t l at su sidia ated es or n othe third Information include an inquiry to determ neeIf you q a l of this In f y , a east the Minimum Payment shown m nthly statement. your our o credit. You also authorize us to shwe any iMormmattioncero your Account with a o ger, PAYMENT AMOUNT. The monthlre a Finance CAMe and P i i o nt, consisting of i )y e amo ny of our affiliated corporations ttne, other third parties. Tee may prohibit b shoring of ng or, rich laemt (ascapt for the sksris about sizb r nc pal, ^ °°s tc ar Principal Balance and applicable Finance Charcamp ' lately repay the u ge during the tim period represent d b xpal bownso as and'Yes) byge:lb a writhe r•fu which contains felt long, l srity Masher e e , y the Payment Factor indicated below, assuming no additional advances are taken. VA 2 320 sod Mlras to ss at P.O. Set Ii ilesi CYepptale, S20. Your Initial Payment Amount is calculated using the Payment Factor shown below, Every time you tats calculated using Pa h If you feel to fulfill the terms of your credit oblfgatitut, • w ?akrreflecting on your with record may be Reportin Mod to t C A en cas advance, the yment Amount on your Account will be recalculated using the Payment Factor shown below, g nt of g n cy. You agree that the a0at Motor Vabli state's equivalent such department) e i i nes your Payment Amount is determined ay release I res may ne res dence se dence adtlrass to us us, should it become necesma should You age ** tthat our supervis efY to locate 1 or , this amount will remain fixed for subsequent billing o i t toloph eels b you and our r y es?ntNivw in ord i t y ur account. When this occurs Payment o posted your A Amount will be recalculated based on th er to gt weluate allty of our service to you, e. e Payment Factor of the new principal balance. PAYMENT FACTOR rig" TERMINATIONoAND . CNANCES IN THE AGREEM ENT. We can term to l , nc . The time period in months during which, if each Payment Amount Is paid on the Due Date specified on th statem of I e chealls the Age oK in farms cledla rllscro sl sdtae tab' or finance Char +te of iigsn k Prie e billing ent, the Principal balance and applicable Finance Charge will be fully repaid The appropriate Payment F c y ge hom at say if r written notice will b sPgllaila low ssless Pm11N to you . srbe ntpinl Yea cooseat to th h a tor is detorrtinad with referents to the following schedule e c arge bereft that U Changes •s a 1 9 Ply to beg saw and eabtaalir hi pro /„ balances all bited by applicable law. Principal P°Ywst meat DEFAULT AND CANCELLATION OF AGREEMENT. We have the right require you to pay o r Balance -fi?ter s) $0 - $2,500 ( h $2 y u entire balance plus all other accrued unpaid charges immediately and to cancel your credit privilei under this Agreement bec $2,501 - ,000 so ause of (a) failure to any full within 30 days after due under this A rsom ? u b i d 5,001 - $70,000 ?? g rn ; (b eq rrawin of your line'of credit; (e) failure to supply us with v Information 5 r re $10,001 • 515,000 MINIMUM PAYMENT. The Minimum Monthly he Y Pa me t f , quested; (d) supplylnp w with misleading, !el incomplete or Incorrect Information; (a) breaking any of the promis farms or co r that are cont i y n any or an billing cycle will be the greater of $25 or the P above) plus any Annual Fee, Insurance Charges Ad in tr t # bank upt a ned in this Agreement; at r r filing t bankruptcy petition or you; Sp) the death this y c ? i1 g ou M , m a and any amounts pest due. Charges, iv i re t. After a anent, s Of att oo r u rt ault. you will toote o t h attorney fees Of PPLICATION OF PAYMENTS. Your payments on this Account are applied in the following ( order l orne e schemed employee), , and aft th not and other s. to coats related ed to to the deft if net prohibited b y applicable low. You u s re th , a past due insurance past due Finance Charge, Ic) charge, if any, Ibl past due additional charges such as Bad Check Charges, if any (d) ast d p e judgment against at, should we stet you, a portion of your disposable earnings may or garnished (pall us by your em t ) l F ) , p ue Principal, lt) currently duo insurance charges, if any, (f) currently due Finance Charge, (q) currentl additional char d i p h bar oyer ederal , , gr Y provided the c l taw. Any termini d wil outstanding reedit limit is terminated will i y u ges such as Bad Cheek Charges, if any, Oil currently dui co cont nue ou agre to spay Initerest on , judgment cotenant at rata the until contra Pad in full. You apnea to pry intefast on t r FINANCE CHARGE. The Finance Charge Is the interest charged on your Account during each billing cycle. A Finance Char I th ct ate. TOOK n im r KEEP TN NOTICE FOR oortt FUTURE contains im USE. This not, ort ge s calculated from e date that each advance, check or charge is posted to your Account. A Finance Charge is computed b l i rig p p ant ant ant Information about your reaponsiDilfiles under the Fair Credit Billing Aotrlghts and Linda y mu t plying the average daily balance In your Account In each billing cycle times the monthly The average daily balance is d i Ratify Leader to ry Ana of Errors or Qa las Abort Y Bill If i i I etermined by totaling lldaily unpad balances in each billing cycle and dividing the total by the number of days in that cycle. A daily un id ee rm . n t ore Inf you m transaction o atio about n s your wren bill, or writs if Lender on s separate sheet address list d pa balance Is the amount owed each day, excluding any unpaid Finance Charge, Administrative Charges and credit insurance ch r e on our bill after the word,. "Bondyou at t your billing en notice to, (Lander's name and address)," Write to Lend osal a ges for prior blllinp cycles, p r m er as soon . Lander no hear from you later than 60 da Lander sent }1 s o SECURITY. You spree to give us a security interest in the identified on property Pepe one, which will secure ¦il indebtedness future advanc incl di y s y u you thefirst bill on which the error or problt appeared, You can telephone Lender, but doing to will not preser Your rights. I your letter , u n es under this Agreement. q , m Lender the following information: Your name and account number 2) Th ANNUAL FEE. You a rah to p pay an Annual Fee for participation in this revolving credit plan The I e dollar suspected error 3) Describe the error and explain, if mount of t you; believe there is you con or , nitial Annual Fee stated on page one Is due and payable on the. date that your e Li b , an error. If you need more informettc descrlbe the item you are not sure about. 1 sta ne oeoIs e lished and the Subsequent A nnual Fee stated an t Popt one due and payable on the same day of each subseque n these charges may be charged to your Account Balances You agree that NOTICE SEE THE FOLLOVViNG PAGE FOR ERRORS. ADDITIONAL PROVISIONS AND IMPORTA; INFO 03-01-00 f NRE RMATION REGARDING YOUR RIGHTS TO DISPUTE 81LLIh j t N 178008642097RI AgflnnPAnSRa $ 7nrexueemereo „ Personal Credit Line Account Agreement (Page 3 of 3) Your Rights set Lender's Responsibilities After Leader Receives Year Written Notice. Lander must acknowledge your letter within 30 days, unless Lender has corrected the error by then. Within 90 days, Lander must either correct the error or explain why Lander believes the bill was correct. After Lender receives your letter, Lander cannot try to collect any amount you question, or report you as delinquent. Lender can continue to bill you for the amount you question, including finance charges, and Lender can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount while Lander Is Investigating, but you ere still obligated to pay the parts of your bill that are not In question. If Lender finds that Lander made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If Lander did not make a mistake, you may he" to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, Lander will send you a statement of the amount you owe and the date that It is due. If you fell to pay the amount that Lander thinks you owe, Lander i report you as delinquent. However, If Lender's explanation does satisfy you and you write to Lender within ten days telling Lender you still refuse to pay, Lender must tell anyone Lender reports yot that you have a question about your bill. And. Len der must tell you name of anyone Lender reported you to Lander must tall anyone Lev reports you to that the matter has been settled between us who finally is.lf Lander doesn't follow these rules, Lander can't collect first $50 of the questioned amount, even if your bill was correct. If Lander doesn't follow these rules, Lender can't collect the first of the questioned amount, even If your bill was correct. ALTERNATIVE DISPUTE RESOLUTION AND OTHER RIDER. The term: the Arbitration Agreement and any other Riders signed as part of loan transaction are Incorporated Into this Agreement by reference. APPLICABLE LAW. The terms and conditions of this Agreement wit governed by the provisions of the Pennsylvania Consumer Died Company Act, Chapter 7, Sections 6201 through 6221, Purd Pennsylvania Statutes Annotated, particularly Section 6217. Before signing this Agreement. yod have read and received this Agreement and the Federal Truith-In-Lending disclose contained in it. You, the customer(s) signing below, agree to observe the terms and conditions of this Agreement. (SEAL) C tower Signature Data I'D Ott Witness: (SEAL) 03-01-00 F NRE at7RnnR642097RLA9000PA8563130KxHAWBAKER * ORIGINAL (SEA Customer Signature Date: Ayv Witness: < (SSA F PARS CREDITOR REVOLVING LOAN VOUCHER BENEFICIAL CONSUMER DISCOUNT COMPANY 4910 CARLISLE PIKE SUITE 104 MECHANICSBURG PA 17050 BORROWERS HAWBAKER, MARK 0 512 N 20 ST WORMLEYSBURG PA 17043 LOAN NO: 711714-17-505198 Borrowers agree to and direct the disbursements and Advance indicated below. If any estimated amount shown bel, varies from the actual amount paid, Borrowers agree to the disbursement of the actual amount and a cornspondi change to the Advance shown below. Borrowers agree that this Advance is made under Borrowers' Revolving Lc j.; Agreement (account number shown above.) TO: 1714-00-106256 ............................................................ 111 1486. CASH OR CHECK TO BORROWER.......... ................... $ 2013. TOTAL ADVANCE(S) ................. ........ 9 3500. ?. ?'aim W Ess In/ -: DATE 09-27-99 Vcueher x17RnnR647097RLV9000US1479110NKHAWBAKER BORROWERS: 0111111011 x ORIGINAL US14 ARBITRATION RIDER (Page 1 of 2) . This Arbitration Rider is signed as part of your Agreement with Lender and is made a part of that Agreement. By sign this Arbitration Rider, you agree that either Lender or you may request that any claim, dispute, or controversy (whet based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whet pre-existing, present or future), including initial claims, counterclaims, and third party claims, arising from or relating this Agreement or the relationships which result from this Agreement, including the validity or enforceability of I arbitration clause, any part thereof or the entire Agreement ("Claim"), shall be resolved, upon the election of you or us, binding arbitration pursuant to this arbitration provision and the applicable rules or procedures of the arbitrat administrator selected at the time the Claim is filed. The party initiating the'arbitration proceeding shall have the righ select one of the following three arbitration administrators: the National Arbitration Forum ("NAF"), the Ameri Arbitration Association ("AAA") or JAMS/Endispute ("JAMS"). The arbitrator shall be a lawyer with more than years experience or a retired or former judge. The arbitrator shall be independent of and unrelated to you or Lender. ' rules and forms of the NAF, AAA and JAMS may be obtained by writing to or calling these organizations at addresses and/or telephone numbers listed below. Our address for the Service of process under this provision is P.O. 1547, Chesapeake, VA 23320. Any participatory arbitration hearing that you attend will take place in the city nearest to your residence where a fed district court is located or at such other location as agreed by the parties. If Lender files a Claim, Lender shall pay all the filing costs. If you file a Claim, the filing costs shall be paid as follows., Lender agrees to pay for the initial cost of the filing the Claim up to the maximum amount $100.00; (b) for the filing o over $100.00, such additional cost shall be divided equally between us up to the amount charged by the arbitra- administrator for a Claim equal to your loan amount; and (c) all costs over the amount charged by the arbitra administrator for a Claim equal to your loan amount shall be paid by you. The cost of up to one full day of arbitra hearings will be shared equally between us. Fees for hearings that exceed one day will be paid by the requesting party. shall each bear the expense of our respective attorney's fees, except as otherwise provided by law. If a statute gives you right to recover any of these fees, or the fees paid to the arbitration administrator, these statutory rights shall apply in arbitration notwithstanding anything to the contrary contained herein. If the arbitrator issues an award in our favor will not be required to reimburse us for any fees.we have previously paid to the'srbitration.administrator.or for whicl are responsible, 1 ?.- `? : 1 ,•r ,VI J This Arbitration Rider is made pursuant to a transaction involving interstate ,commerce, and shall be governed by Federal Arbitration Act, 9 U.S.C. Sections 1-"'16 (the "FAA"). The Arbitrr shall apply applicable substantive consistent with the FAA, including laws concerning reception, rejection and consideration of evidence, and shall pro written reasoned findings of fact and conclusions of law. The Arbitrators award shall not be subject to appeal excq permitted by the FAA. The parties agree that the award shall be kept confid6ntial. Judgement upon the award ma entered in any court having jurisdiction. All statutes of limitations that would otherwise be applicable shall apply to arbitration proceeding. The Arbitrator shall be empowered to impose sanctions and to take such other actions as the Arbitrator deems nem to the same extent as could be imposed by a judge pursuant to the Federal Rules of Civil Procedure, This Arbitration Rider shall survive repayment of your loan and/or termination of the Agreement. If any Aortic this Arbitration Rider is deemed invalid or unenforceable under any law or statute consistent with the FAA, it not invalidate the remaining portions of this Arbitration Rider of the Agreement. In the event of a conflic inconsistency between the rules and procedures of the arbitration administrator and this Arbitration Rider, Arbitration Rider shall govern. No class actions or joiner or consolidation of any Claim with the claim of any I person are permitted in arbitration without the written consent of you and us. No provision of, nor the exercise of any rights under this Arbitration Rider shall limit the right of any party durin pendency of any Claim, to seek and use ancillary or preliminary remedies, judicial or otherwise, for the purpos realizing upon, preserving, protecting or foreclosing upon any property involved in any Claim or subject to the documents. The use of the courts shall not constitute a waiver of the right of any party, including the plaintiff submit any Claim to arbitration nor render inapplicable the compulsory arbitration provisions contained in Arbitration Rider. 06-15-00 AR81T RIDERI NN us( low ¦i7RnnaFeIno7XAR9D000S0246510X"HAWBAKER X ORIGINAL National Arbitration Forum P.O. Box 50191 Minneapolis, MN 55405 (800) 474-2371 www.arb-forum.org 0 o 3;Ture ARBITRATION RIDER ' (Page 2 of 2) THE PARTIES ACKNOWLEDGE THAT THEY HAD A RIGHT TO LITIGATE CLAIMS THROUGH COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF EITHER PARTY ELEC ARBITRATION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGH TO ' LITIGATE SUCH CLAIMS IN. A COURT BEFORE A JUDGE OR JURY UPON ELECTION f ARBITRATION BY EITHER PARTY.' You may contact, obtain the arbitration rules of, or file a Claim with NAP, AAA, or JAMS as follows- American Arbitration Association 1150 Connecticut Ave, NW, 6th Floor Washington, DC 20036-4104 (800) 925-0155 www.adr.org Arbitration -Rules for Consumer Related Disputes (Claims under $10,000). Commercial Arbitration Rules (all other claims). Borrowor? J? Print Name: )AP, ND By: _aU0_&UJ -I, 06-16-00 ARBI7 RIDER "178008642097XARannm nn7aas-)rtMxuaumavca J.A.M.S./Endispute 70011th St., NW, Suite 450 Washington, 'DC 20001 (800) 3525267 www.jamsadr.com Financial r Arbitration Rules and Procedures. Borrower: Print Name: Date: US02465 VERIFICATION The undersigned, Gregg L. Morris, hereby states that he is the attorney for Plaintiff in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. Counsel has signed the verification at the request of Plaintiff as a matter of time and convenience. Plaintiff has represented to counsel that there is a debt due and owing from Defendant to Plaintiff in the amount as set forth within the foregoing pleading. Plaintiff has provided counsel with all relevant information in order to allow counsel to sign this verification. Plaintiff agrees to provide a verification signed by Plaintiff upon request by Defendant. The statements are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: PA 01 Atty Verification gregg L. orris, Esquire Patenaude Felix, A.P.C. 213 E. Main et Carnegie, PA 15106 (412) 429-7675 P&F File No. 07-19526 Q ? W O e - v r ,.? ? = N Cz::? CL3 -TI ex7 N n f -TI ?C S.3 ?-G C:Z)> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT CO. Plaintiff V. MARK Q HAWBAKER Defendant(s) NO. OS- Qua Civi l -Terra PLAINTIFF'S PRAECIPE FOR CONSENT TO ENTRY OF JUDGMENT Filed on behalf of: BENEFICIAL CONSUMER DISCOUNT CO. Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 HEREBY CER1 I 1 rv%l THIS IS AT E A CORR COP pl! F?? Al_ A, 40 GREG?_ ?t?R1:.?. PA 181 Consent Judgment Terms "P&F File No. 07-19526 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT CO. Plaintiff V. MARK Q HAWBAKER Defendant(s) NO. CONSENT TO ENTRY OF JUDGMENT The undersigned Defendant, having been served with a Complaint in Civil Action in the matter captioned above, hereby admits the averments contained in said Complaint, waives any defect of service, waives any applicable time period for the filing of a responsive pleading, waives service of a Ten Day Notice or Notice of Default, and hereby consents to the entry of judgment against him in the amount of $9,528.76 plus interest at the legal rate per annum, the costs of suit, and attorney's fees in the amount of $0.00. The parties agree that execution will be stayed, and the judgment will be satisfied provided Defendant pays $10,186.39 at the rate of $321.32 due on or before February 25, 2008 and subsequent payments of $321.31 due every thirty (30) days thereafter. Time is of the essence. Defendant hereby waives Notice of Entry of Judgment. Dater 1.20f Mark Q Hawbaker PRAECIPE TO ENTER JUDGMENT To the Prothonotary: Please enter judgment against the Defendant(s) in the amount of $9,528.76, plus interest and costs of suit. submitted: & Felix, A.P.C. Date: e . Mon' , 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA- 184 Consent Judgment Terms P&F File No. 07-19526 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT CO. Plaintiff NO. 08-962 V. MARK Q HAWBAKER Defendant(s) NOTICE OF ORDER, DECREE OR JUDGMENT Filed on behalf of: BENEFICIAL CONSUMER DISCOUNT CO. Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA-132 Nte Jg Consent P&F File No. 07-19526 c:-a ?J -TS - c3 ,.y-? _,,,a C -I-; o d ?t -D -i'+. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BENEFICIAL CONSUMER DISCOUNT CO. Plaintiff V. MARK Q HAWBAKER Defendant(s) NO. 08-962 NOTICE OF ORDER DECREE OR JUDGMENT TO: ( )Plaintiff ( x )Defendant ( )Garnishee ( )Additional Defendant You are hereby notified that the following Order, Decree, or Judgment has been entered against you on _ 4,1/ ( ) Decree Nisi in Equity ( ) Final Decree in Equity (X) Judgment of ( X) Consent ( ) Default ( ) Non-Pros Prothonotary By If you have questions concerning the above, please Contact: Name of Attorney: GREGG MORRIS, Esquire 213 East Main St Carnegie PA 15106 (412)-429-7675 ( ) Verdict ( ) Court Order ( ) Non-suit ( ) Arbitration Award ( X) Judgment in the amount of $9,528.76, plus costs. ( ) District Justice Transcript of Judgment in the amount of , plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license will be suspended by the Department of Transportation. PA_132 Ntc Jg Consent P&F File No. 07-19526 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD REALTY CORPORATION Plaintiff NO. 08-962 V. MARK Q HAWBAKER Defendant(s) PRAECIPE FOR SATISFACTION OF JUDGMENT Filed on behalf of: HOUSEHOLD REALTY CORPORATION Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA-147 Prep Sat Jg P&F File No. 07-19526 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOUSEHOLD REALTY CORPORATION Plaintiff NO. 08-962 V. MARK Q HAWBAKER Defendant(s) PRAECIPE TO SATISFY JUDGMENT TO: PROTHONOTARY Please satisfy the Judgment at the above captioned action of reArd. Thank you. Fglix, A.P.C. Date: November 18, 2008 PA_l47 Prep Sat Jg GVe* rris, Esquire 2Street C 15106 (475 P&F File No. 07-19526 I, GREGG MORRIS, attorney for Plaintiff, HOUSEHOLD REALTY CORPORATION, hereby certify that a true and correct copy of foregoing document was served this date by ordinary mail upon the following: Mark Q Hawbaker 512N2NdSt Wormleysburg PA 17043--100 Date: November 18, 2008 re"rngLe Morris, Esquire & Felix, A.P.C. ge .Main Street gie, PA 15106 (2) 429-7675 PA- 147 Prcp Sat Jg P&F File No. 07-19526