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HomeMy WebLinkAbout08-7304 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACV OF COLORADO, LLC. VS. NO: 0 g_ 7 3 b Y eL ? -7q- JAMES A THORNE NOTICE TO DEFEND You have been sued in Court. If you wish to defendant against the claims set fourth in the following pages, you must take action within (20) days after the 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 fourth 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 of any money claims or any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. 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. LAWYER REFERRAL SERVICE PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 Harrison Ross Byck, Esq., P.C. 229 Plaza Boulevard Suite 112 Morrisville, Pennsylvania 19067 1-888-275-6399/(215) 428-0666 Attorney for Plaintiff #61511 CACV OF COLORADO, LLC. ) COURT OF COMMON PLEAS 4340 SOUTH MONACO STREET 2ND ) CUMBERLAND COUNTY FLOOR DENVER, CO 80237 ) VS. Plaintiff, JAMES A THORNE 400 N 2ND ST WORMLEYSBURG, PA 17043 No.: D F- 73 6'1 Lc' v j COMPLAINT To: JAMES A THORNE 400 N 2ND ST WORMLEYSBURG, PA 17043 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served. By entering a written appearance personally or by 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 the court without further notice may enter a judgment against you for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 AVISO Le han dernandado a usted en is corte. Si usted quiere defenderse de estas demandas expuestas en las pagins siguientes. Usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia excrita o en persons o con abogado y entregar o sus objecciones a las demandas en contra de su persona. Se avisado que si usted no se defiende. La corta tomara medidas y puede continuar la demada en contra suya sin previo Avisa o notificion. Ademas la corte puede decidie a favor del demandante y requiere que usted compla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedas o otros derechos imporrantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICE DE REFERENCIA LEGAL PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 Plaintiff, CACV OF COLORADO, LLC., by its attorney Harrison Ross Byck, by way of complaint against Defendant JAMES A THORNE, avers the following: 1. Plaintiff, CACV OF COLORADO, LLC., is a Colorado limited liability company doing business at 4340 SOUTH MONACO STREET 2ND FLOOR, DENVER, CO 80237. 2. Defendant, JAMES A THORNE, is an individual residing at 400 N 2ND ST, WORMLEYSBURG, PA 17043. 3. Defendant, JAMES A THORNE, is indebted to MARYLAND NATIONAL BANK on an account stated by and between them in the amount of $3,280.54 which balance was due and unpaid as of July 30, 2003, for credit card account number 4800132999216810. <Exhibit A> 4. On or about August 14, 2003, MARYLAND NATIONAL BANK sold the debt for good and valuable consideration to plaintiff, CACV OF COLORADO, LLC. <Exhibit B> 5. The Defendant, James A Thorne, last tendered a payment on December 13, 2005. 6. A copy of the credit card agreement is attached hereto. <Exhibit C> 7. Plaintiff is entitled to charge-off account finance charges of $0.00. <Exhibit A> 8. Plaintiff is entitled to pre-litigation charge-off interest of $2.2451 per day from the default date ( 24.980 % annual percentage rate x $3,280.54 / 365 days) or $2.2451 x 600 days = $1,347.09; which is accrued interest through the date of filing. <Exhibit A> Plus an award of late fees $817.21, court costs $178.50 and reasonable attorneys fees of $656.11 as stated in the Cardholder Agreement attached hereto as <Exhibit C>. 9. The defendant, being indebted to the plaintiff in the sum of $6,279.45 upon the account stated by and between them did promise to pay said sums upon demand. Demand has been made for payment of $6,279.45 and the defendant has failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendant for $6,279.45 together with other interest and costs of suit. Date: December 4, 2008 EXHIBIT A V W 3Z 99?al6ktU ACCOUNT NUMBER 8Division 4800 1322 1200 7575 iaidon, Inc. PAYMENT DUE DATE NEW BALANCE TOTAL CARDHbLDER SINCE 13ie 07/20/03 58,020.76 TOT MI IMUM PAYMENT DUE AMOUNT NCLOSE M.I. cMck S 1 , 174.00 pwAble to' MBNA AMERICA 17 P.O. BOX 15137 WILMINGTON, DE 19886-5137 JAMES A THORNE B 400 N 2ND ST WORMLEYSBURG PA 17043-110600 S 00000000000000000000000000000000000000802076001174000004800132212002575 S 00078235000041651200000000000000000000802076001174000004800132212002575 OAYS IN TOTAL eBNINUM ACCOUNT NUMBER CREDIT LANE CASH OR CREDIT AVAILABLE CYCLE CLOSING DATE PAYMENT DUE PAYMENT DUE GATE 4800 1322 1200 2575 $6,500 30 06/18/03 $1,174.00 07/20/03 POSTING TRANS REFERIEKE >1 TRANIACTIONS CHARGES CREDITS (CR) JUNE 2003 STATEMENT DATE DATE NUMBER E PURCH M ADd _ M TE FEE FOR PAYMENT 0619 0019 0007623 C TO T 5/21/2003 THROUGH 1/191200: $35.00 $.00 OTA FO dLLINSCYCLEFRO OUR RECORDS SNOW YOUR ACCOUNT IS PAST DUE AND YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS IMPORTANT YOUR ACCOUNT IS SCHEDULED TO BE WRITTEN OFF AS A BAD DEBT IN YOUR NEXT BILLING NEWS CYCLE. CALL 1'888'730-7304 OR GO TO WWW.MBNAFIFtST.COM FOR REPAYMENT PLANS. SUMMARY OF TRANSACTIONS TOTAL MINIMUM PAYMENT DUE P- + Cash + urchas es + Periodic Rate + Transaction =Balance $996,00 aymaMs rld Credits Advances gAdjustmlrts Ftrtanoo Charpet Finar?ce ClNrpet .00 50 $0.00 40.00 $35.00 $162.26 $0.00 +18,020.76 tal Mtn Payment Due $1,176.00 FTNANCECHARGE SCHEDULE Periodic Corresepondtrg Batanot Category Rate Annual Subject to FOR YOUR SATISFACTION, EVERY HOUR, EVERY DAY Percentage Rate Finance Charges A. BALANCE TRANSFER, CHECKS .000439% DLY 24.96% $0.00 To speak to one of our Customer Satisfaction representatives, 8. ATM, LARK ....... .060436% DLY 24.96% $0.00 call the number on the flack of your credit card. C. PURCHAMES........ .066436%DLY 24.96% $7,902.79 D. OTHER BALANCE& ..... .000000% IDLY 01100% $0.00 For TDD (Telecommunications Device for the Deaf) assistance, call 1.800.348-3178 FOR THIS 91LUNO PERIOD 24.9896 ANNUAL PERCENTAGE RATE ... 1 (lacludowft Ic Rafe and Trensachan I= Finsnw CM ) • Bilting rights are preserved only by written inquiry. THIS DOCUMENT 18 A COPY Of YOUR STATEMENT. IT IS FOR Mail billing Inquiries to: YOUR RECORDS ONLY. THIS COPY IS NOT AN EXACT DUPLICATE BANKCARD SERVICES P.O. BOX 15026 AND MAY NOT INCLUDE MESSAGES WHICH APPEAR IN THE PAGE 1 Of 1 WILMINGTON, DE 18850.5026 IMPORTANT NEWS BLOCK ON YOUR ORIGINAL PERIODIC STATEMENT. ACCOUNT NUMBER ? 82nd Airborne Division 4800 1322 1200 25` Association, inc. PAYMENT DUE DATE NEW BALANCE TOTAL CAR"LDER SINCE 1096 08/19/03 18,233.32 TOTAL MINIMUM PAYM NT DUE AMOUNT F CLO ED Nl.ta flack $1,359.00 ?.sa to: MBNA AMERICA 17 P.O. BOX 15137 WILMINGTON, DE 19836-5137 JAMES A THORNE B 400 N 2ND ggT NORMLEYSS G PA 17043-110600 S 000000000000000000000ODD00000D000000008233320013590D0004800132212002575 S 000802076DDD41651200000000000DOODOOD008233320013590DOD0480013221200257S DAYS IN TOTAL MINIMUM ACCOUNT NUMBER CREDIT UNE CASH OR CREDIT AVAILABLE CYCLE CUDSING DATE PAYMENT DUE PAYMENT DUE DATE 4800 1322 1200 2575 $6,500 32 07/21/03 $1,359.00 08/19/03 STING RANS REFERENCE TRANSACTIONS CHARGES More (CR) JULY 2003 STATEMENT DATE DATE NUMBER IffrE FO A ANIMINIM 0721 0721 00060'10 VS C LATE FEE FOR PAYMENT DUE 07120 35.00 TOTAL FOR BILLING CYCLE FROM 6/2012003 TNROUBH 7/21/200.3 $35.00 $.00 OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE AND YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS IMPORTANT YOUR ACCOUNT IS SCHEDULED TO BE WRITTEN OFF AS A BAD DEBT THIS BILLING CYCLE. NEWS CALL 1.888.750.7308 OR 00 TO WWW.M8NAFIRST.COM FOR REPAYMENT PLANS. SUMMARY OF TRANSACTIONS TOTAL MINIMUM PAYMENT DUE e amount $1,174.00 Previous payments + Cash + Purchases + Periodic Rate + Transaction = New Balance = Balance and Cndlts Advances 61WJustmerts FinanceChsrw Finance ChargM Total ent esyment 3305.00 1 20.76 ;0.00 $0.00 $35.00 $177.56 30.00 ;6,233.32 tai bin Payment Due $1,399.00 FINANCE CHARGE SCHEDULE Periodic CorMseporld n0 Balance Category Rate Annual Subjad to FOR YOUR SATISFACTION, EVERY HOUR, EVERY DAY Percentage Rate Finance Charges A. BALANCE TRANSFER, CHECKS .066486% DLY 21.66% $0.00 To speak to one of our Custonnw Satisfaction representatives, B. A 7X BANK ....... .061!436%DLY 24.610% $0.00 call the number on the back of your credit card. C. PURCHASES..I..... .068438%OLY 24.96% $8,107.51 D. OTHER BALANCES...... .000000% DLY 01100% $0.00 For TDD (Telecommunications Device for the Deaf) assistance, call 1-800-3463178 FOR l1PEOD ARATE ... 24.98% (Induces PertosiC Ralr enll Tra -on Fee Fimmae C - Billing rights are preserved only t>y written inquiry. THIS DOCUMENT IS A COPY OF YOUR STATEMENT. IT IS FOR Mail billing inquirles to., YOUR RECORDS ONLY. THIS COPY 1e NOT AN ENACT DUPLICATE BANKCARD SERVICES P.O. BOX 15026 AND MAY NOT INCLUDE MESSAGES WHICH APPEAR IN THE PAGE 1 OF 1 WILMINGTON, DE 19850-5028 IMPORTANT NEWS BLOCK ON YOUR ORIGINAL PERIODIC STATEMENT. 16 EXHIBIT B CERTIFICATE OF PURCHASE I, j L t+RE Y G U ST I N , 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: Original Creditor: BANK Account Number: JAMES THORNE MARYLAND NATIONAL 4800132999216810 3. On or about August 14. 2003 this account was sold by the original creditor. CACV of Colorado, LLC is the current owner of the account and purchased the account for good and valuable c o n s i d e r a t i o n Date: 6?w 1 * By: AA 2 3 'Nu'd Sworn a d subscribed to before me this day of , 2008. ? A ? Notary Public STEPHANIE MORRIS NOTARY PUBLIC STATE OF COLORADO My Commission Expires 05/22/2011 PA 12.01.07 EXHIBIT C 07/20/2006 15:26 FIA CARD SERVICES -) 912672952844 f 1 f S NO. 873 D002 ink: n?' .?•? _ .i L.s .r •t!i??.. a? •rt•r ..ar4Sn„ W : { ••,R? ?F" T 1.• •,•' "'777••• --- . i A;; ?w54 . ?xVal1a L'' ?af:'••'/ • ' : ?• : ; ''r-: t?;'???k?;!•Pi'rv?iwv_ ?Z::ts?.>X.'?'r; f?;7? ?•°:: A ' oti, :',r'•. a.?K y'?. .yam y??J{???? .•j.. i G'lJ M....• .. q?,+. •.5. ?''?• ,?S:r%.5??1?:(:?Y ^??'•N t•....aJ '•w?u: .. •, ?? t. ,.YL +' ? ;.?•r1l?ti?•.,ry'?yy,'iirrili!:'li::r•1?r:y =". *. ,. ,• • • r ? ^??. .. , • ....::Y• .YJ?: .'1w+?'d•.?'i?!ITF?t. . tlT?; r;:. t.i NEXT90 07/20/2006 15:26 FIR CARD SERVICES -* 912672952844 10.873 17003 Your Contract Wtth Us Y ur Credit Cord Agreement with us consists of these ,4ditio "ar perms and Conditions and the document called the Required Feder] Disclosures or the initial Disclosure You-sIm to the tams and condlaons of this Agreement Fotthe purpose of the Privacy NOW, we will use the definition contained in the third paragraph of the Privy Notice. For tWrerNtnder of the Agreement. we will use the definitions described under the section heading Words Ural Oftee in M Apreneart. P?hpco NO&e Your peiwgr is ispotfsn-1 W Sk At MBNA. we ate committed to providing you with the finest finenclat products and services backed by consistently top-quash service. And while bdvrmetion about you Is futtdamenta II to our abWty to do this, we Uly tsoognise the importune of hwOng personal and amount Wormartiott secure. To offer you the widest tinge of products and services MBNA may share information about you both within MBNA and outside of MBNA with other companies. This allows us to offer you products and services that may interest you and best meet your steeds, whether they ro rel dons fhIps our with other companies. We went you to ' understand our Information sahguerds, what informatim we coliem wIW IrAmw tion we shale, and the benefits you teaft when we share information about you. This notice describes the p*mq practices of MBNA Corporation and all MBNA affiliates, including MBNA America Bank, NA„ MONAAmeft (Delaware), NA., i Palladian, Travel Services, Inc., MBNA Halhmatk Information Services, Inc„ MBNA Marosngg Systems. ]inc., and MB14A Insurance Agency, Mc. (collecdvely, WOW), for financial pnmducb and services governed by the laws of the united States of America. This notice explains MBNKs information milection and sharing practices and Ift you dtaose whather or not MBNA may shays certain Information about you, either within MBNA or outside of MBNA with other companies. Oust 6setuAtr Prooedmo MBNA wndemwids the importance of protecting and securing inA mtation ! and using It appropriately. Access to Information about you is restricted to the people of MBNA who require it to provide products or services to you. We maintain physical, electronic, and procedtiral safeguards that comply with federal spa klardafor the security of lMormation. when MBNA sham information about yyoouu with companies outside of MBNA, we require thartt to impose safeguards. use it only for a permitted purpose. I and to return it to us or destroy it once that purpose is served. we limit the amount of infonration shared W what is appropriate to offer a product or service effi- ciently. MBNA requires any company receiving rotor. madem from MBNA to sign a Confideritiaitty Agreement ` containing these requirements and obligating that company to protect the infoanaocn as we would. 07/20/2006 15:26 FIR CARE) SERVICES * 412672352644 N0.873 po04 isformatlan W* CWiem MBNA collects and uses nonpublic personal information about you to conduct our business and to consistently deliver the top-quality Customer service you expect from us. Sources of this information include the following: • information we receive from you on applications and other forms or through your correspondence or communication with us including through the mail, by telephone, or over the Internet: • information we receive from third parties, such as consumer reporting agencies, to verify statements you've made to us, or treperding your employment, credit, or other relationships; and • Information about your transactions with MBNA and with other companies outside of tAbNA is%msadap We Sfwre Wltldq MU & we may share all of the Information we collect about you with financial service companies within MBNA to offer additional products or services that may interest you end best meet your needs. We bdieve this is convenient for you and may save you both time and money. To do so, we shine identification Information Isuch as name and address). transaction and experlenee information isuch as pttrsihase>s and psytnerttal, aedlt eliglblitty inhumation (such as credit t?epotu and applications). and other information. The decision to purchase any mx h prod- ucts or services is yours alone. You may tell us not to share eedit eliOiWiity inbanotion about you within MWA, but please understand this does nix prohibit us freer offering you additlonsl products and sewipes or from sharing transaction and erlperienae, ideratflaMon, and odw m1mmetion within MBNA Ishwu Was We Shame Mtk Otk> m From time to time, we may allow companies outside of MBNA to offer you their products and services that may interest you, These products and services may be offered by ilnandal w4ce providers isuch as bw4. loan brokers. amount ag&mptors, insurance seems, insurance eompaniex, mortgage bankers. and securities brokerwd"lers). by nonfinancial companies (such has retailers, direct mar- ketem communications eompanles, Internet service providers, manufacturers, service companies, travel agents, cruise lines, ear rental %Wci s, hotels. airlines, publishers, and organfaations ehdorsins MBNA financial products or services), and atims (such as nonprofit organlswtions). Subject to applicable law, we may share all the information we coded with these companies out- side of MBNA. unless you tell us not to. Additionally, we may share all the information we c0ad with a mpanfrs flat peftm ma*eft or other services on our behalf or to other financial institutions with which we have joint marketing agreements, We are also permitted by law to share information about you with other companies in certain circumstances. For Instance. we may share all of the Information we collect with companies assisting us in servicing your loan or account. with companies that endorse our products and services through affinity agreements. with government enttties in response to subpoenas or a, 07/20/2006 15,26 FIR CARD SERVICES 4 912672952844 N0.873 D005 regulatory requirements. anti with consumer reporting agencies. It you tell us not to share information with companies outside of MBNA that wish to offer you their products and services, as described above, please understand that we will continue to share information In these additional circumstances. important Udermitloa Afaoa Your Chaise, We're dedicated to serving your needs - and to respecting your cholms related to privacy. You may tell us trot to share credit eligibility information within MBNA, and you may tell us not to share information with companies outside of MBNA that wish to offer you their products and mv- ices as described above. If you wish to opt out of such information sharing. please cell toil-free 14M6.151-1255. 1 we will ask you to ve* your identity and the specific accounts to which the opt out applies. so please have all your account, membership, or refetenoe numbers and your Social Security number or Taxpayer ' IdentlBcstiori number for deposit accounts avallable when you call. MBNA applies opt outs at the account level. not by individual Customer. When any person listed with otherut on an account opts out (for exvmple, a co-a rcent. joint acqount holder, or authoriaad assn/, well re the entire ==nt as having opted out. MBNA will ooi fnue to adhere to its disclosed privacy, practices for an account even if it becomes inactive or Is closed. An opt out from information sharing on an account as described above. either within MBNA andbr with companies outside of MBNA• remains effective unless 1 revoked'in writing. Federal replatfons require us to provide this notice on an annual basis, whether or not an account has previously opted out from either me of information sharing. please remanberwhen you mom our subsegtamt notion that an acoo m previously opted out from either or both types of information sharing. Sand not revoteed in writing) does not need to be opted } out again. This mice updates and replaces any previous i notices from MBNA about the privaq, security, and ! protection of Information. For additlorw information regarding MBNAs privacy practice/ eonoeming the Internet, and to view the most recent version of this privacy notice. pleese go to ypcfl mbpa-mm and click on 'Privacy Notice! You may haft other privacy pro- tections under state lags. We may amend this privacy hges notice at an time, and we will Inform you of can as required law. Wsfydt UW Often bi TINds ,Aire ffltant -Arwrnanr or -Credit Card Ageem ar means these s Additional Terms and Conditions and the Required Federal Disdosures Ior the Initial Msdosurei and any duneea we + males to those documents from time to time. -You' and 'your' mean am& and all of the persons who are 3 granted, accept. or use an aaaoant we hold. 'YOu* and 'yoar- a iso meats any other Person who has guarantwd Payment or this amount, when and Is the saeions entitled Wa My Matta ens Raved IWWl Csils and Arf+dmdm ad Udp om and when used in each of the m -1 feasting to payment of this amount Sr 07/20/2000 15:26 FIA CARD SERVICES 4 912672952844 NO.873 9006 (Your Prods, o Pq and HOw• Wr ANasta Parr Psym mo, for eurnoi 'We," V.-our'. and "MBNA America' mean MBNA America Bank, N.A TArd" means all the credo drds we Issue to you and tc any other person with authorization to use this account pursuant to this Agreement, 'Acmes cheek' means an access check we provide to YOL maim a Check Cash Advance on your account, if we use a capitalized term in this document but do not define the term in this document, the tern 1109 the meanie given in the Required Federal Disclownts or the initial Disdosure or as used in your monthly statement. we use section headings (such as Wmnls Uard Often iK A4netraexil to orgtni:e this Agreement. The actual termr this Agr!ltnent are In the sentences that follow and not the headings, Sign Your Card You should sign your Card before you use it, We Mq Mee br vW R=M Tdelfiont W You convent to and autltoriaa MBNA mofft, any of its am ates, or its marketing associates to nmtmitar and/or record r. of your talepholie oonversatlvns with gut reprem t#tlves C the represenutives of any of those companies, OWN Re F ft N M40- You awho** M9NA Amster to coiled brformation abou- you. ce t repolts horn eonsimier nQgWr a re- tf you we we have furnished inaccurate or Incornplei information about you Or your aaeount to t credit rmportinr agency, mite us at: MBNA Credit Iteporting Agencies. P.0 fkax 17034, Wlliniagoon, DE 19184-7054. Pleats Include yo name, address. hone pph?one number, and account number and mown what you believe is lamutste or Wampliett, How to Use YOW Auslr w You may obtain eredlt in the form of Purchases and Ca Advances by uahre your cards. aooas9 cheeks, account nuw ber, or other credit device. Pieaaa reW to your Mquired Federal Di9doawes or inhial Disdomm to determine what transaftm constitute Purdtases and Caste Advances and how you may obtain than, T muac*n Dde,&E CarWn Cole Advanc The transaction date for Chet Cash Advances and Sala Transfer: done by check is tin date you or the person to whom the check is made payable hm deposits or nahea r Cheek The trans a t date for a returned payment 1whict will then be daadtied a; a Sank Cash Advaneal is the deft that the corresponding w ma % poised to your account. Faocww- IE UAW Your A"AwNt You may tree lour amount for ptyaorral. Wray, or houeel purposes. You may not use yow account for business or commsrdai putpoaq. You mty not use a Chan.( cub Advance. or any other Cash Advance. to make a payment c this or any other credit soeount whh us. You coq not use t pcrmit your account to be and W make any IRepl vamw Peam UsW Yaw AcmtKtt if ydu permit any pwwn to use your cmd. wow che account number, or other credit device with the authoress to obtain credit on your account, you may be liable for i 07/20/2006 1526 FIR CARD SERVICES 4 912672952844 NO. 873 OW transactlons made by that person, including transactions for which you may not have intended to be liable. even if the amount of those transactions causes your credit limit to be ctceeded. Authorized users of this account may haws the some access to information about the account and its users as the account holders. Hew You May Stop Payment are are Aam Clfllock You may requMt a stop payment on an amw dtedit by pmovkmg us with the access check number. dollar amount. and payee exactly $a they appear on the access check. Oral and Wttttm stop payment mqvm on an amm chadt are effective br six months from rite day that we plsae the stop payment. You MAN Not Ped"fe OR A"*" M6 You may not issue a postdated oweez dock on your account, if you do postdm an access dnd4 We may elect to hCnor It upon prasentrt+ent or return It WMid to the penttott who presented it to us for paymem without. In either chile, waiting for the dote sharer on the access trade, ova sm not liable to you for any loss or expanie Incurred by you arising out of the action are e190 to take. Your P"fu to Pall You promise to pay ua the amounu of all aedit you obgia, which indudes all tau dmw and Cash Advanaas, you also promise to M us all the amantts of Nnanov c w^ feee, and any other transactions we dtaw Wiest your account, 1 P_ ayments = Yow A OWd You must pay each month at least the Tod Minimum Payment Due shorn on your monthly statement by your Poymeht Due Data, You may pay the entire amount you owe us at any time. peyrneeta made in any billing aide to are gmgW than the Tate] bilnimum wyment Due will not atfeet your oblyatton to make the rend Total Minimum payment Due. if you overpay of if there is a credit balance on your amtuit, the will not psy Mtenst on such BMW", We Will ryeot payments that are nil drawn In US. dollars and those drawn on financial institutions boated 0%ftide the United States. Payment of yrwm Toa1 Minimum ptyment Due may not avoid the itsseaonwt of Ovaritmit Fees. When Your PaP*Mt Wit! Be Credited to Your Al"Ount f we credit payments as orthe date raoatvad. if the payment t is (1 I mecatved by 2 p.m. (EaMm TIme1: (2) received at the address shown in the upper Left hand comer of the front of your monthly statement:13) paid with a check, drawn MU-S. doilee an a U.S, financial Insiltution or a US. dollar money order: and (41 sent in the return emielope with only the top portion of your statement accompanying it. payments ! received after Z pm. on any day, Induding the Paymarrt Due Date, but that otherwise meatthe above mviulrmnents, will be cMited as of the next day. Credit far any other payments f may be delayed up to fire days. ' Hoer We AMK41 a Yew PayX=ts We will al your psymeiv In the manner ere determine, in most trt9tancas, we win Allootr your psynftms to bslanoaa (including newtransseticns) with beer APRs before bell" with higher APRs. This will result to new btlanach with lower 1 APRs (such as those with promotional APR offers) being Mid s• . 07/20/2006 15:26 FIR CARD SERVICES -) 912672952944 N0.873 9M before any other existing balances Promise to Park Applies' to Ali Persons Al) persons who initially or subsequently request, accept. guarantee. or use the mccoum are indmduaNy and together responsible for any total outstanding balance. We may refuse to release from 4 Wlity any person who is responsible to w any total outstanding balance, until all of the carts. access checks, and other credit devices outstandinit under the account have bean nourned to us and any such person of persons repairs us the total outstanding balance owed to us at any time YYtime under the terms of this Aveement. ?ou will be in default of this Apninant If: 11) you fail to malls any nNui ned Too) Minimum Akpo rtt Due by hs Paymer• Due Date. l21 your ootslil outstanding belanoa arrweds your cm& limit; or (3) you fait to abide by any ashes term o(thir Agreement. Wey for the Wpaees of determining ellglbli ty and premium payment obligation for the optional credit in=== purchased through M5M, you W1 be dsemed in default or delinquent 9 you fall to male a psyment within ir, days of your Payment Due Date. our fallune to &APIn any our rights when you defoutt does not meen that we are unable to wodse *m it tights upon later delau(t, who we M" RavLk [n"WdlRts k11E1 IP..?? Jr of you are in default, we cm require Immediate paymem, of your total outstanding balenae and. unieea prohibited L. applicable law and except a otherwise provided under th• ArifmaUon and Udp t w1 sedton of this Agreement. we an also require you to pay the costa we inwr in any collectia proceeding, of well as reasonable attorneys' fees if we rel. your account for w)hrdWA to an attorney who )s not our salaried employee. 09w Patykfl of Talfsfes we to accept late payments, pefdai paymelft or pay manta with any matricthv wr4ting without losing any of ou rigftts under this AareMMI. This Mara that no Psymem including those marled with 'Paid In full' or with arty othc restrictive words. Moll operate as an acootd and satislacti without the prior written approval ul one o(our iperrlOr afi. You may not use a postdated duds to makt a payment. I you do postdate a Raymart chock. we may elect to honor upon pmovatmetit at return it unorodired to the person w presented it. without. In eltltar seas. waiting for the data shorn eri the check we arena ))able to you for any twat axperrae incurfed by you arising an of the action we dad to PwlKM?kt "i we may ailow from time to time. to ornh a Montt payment, we will twiiy you when this "is evallaa you ornlt a payment. Rnance diarpea and any !ppi,able will Amiud on your account in act nwsm with this Agreement. You must assume mlktti f your Total Minimt Payment Out each month following a paymant hoilday. TM,t"tdoxs Marls in Fot+lob" Csii<ropkc If you make a netts OQ" in a korelgn aurerky, the tiont. will be converted by Via Intarnatianal or MasterCeed tntarnetlanal, depend r4 on which mud you use, into a 1 dollar amount in accordance with tare operating reguladt ipiop"W. CUM tly, thole regulations and t proewur pmwWw that the currenry converslon rate to be used is J 0720/2006 15:26 FIR CARD SERVICES 4 912672952644 NO. M 0009 t r ,i I l i a wholesale market rate or (2) a govemment•manciated rate in effect one day prior to the pro; sine date, increased by one pert;ent in each nee. Visa or MasterCard retains this one percent as compensation for peftrmbsg the currency eDnveraton sernea. The currency conversion rate in effect on the processing date may differ from the rate In effect on the transaction date or the posting date, k C#(k Your billing cycle ends each month on a Closing date detsrmined by us. foch billing cycle begins on the day after the Closing Date of the previous billing cycle. Each statement reflects a single billing olds. ACCount Few axe El M fi Acs 1 - I Fees The Iollowbig sass, which ate set forth in your Wulmd Federal Disdaures or initial Dhdasrua are charged as Purchases in the baling cide m which the foes aoaw: I I I a Late Fee if the Total !Minimum Payment Out shown on your monthly staterntmit is not nowied by us on or before its P4NW4 Due bate; 121 an Overlimtt In If your New Balance Total exceeds your, .credit limit on the lest day of a billing cyde. even it tees or finance charges dwW by us cause your New Balance Total to exceed your credit limit; so Overlhmit Fee is Charged to your acmum as of the day in the bi)Ihsg cycle that the total outstanding balance on your aceotint exceeds your credit limit: 13) a Iteturned gyrnot Fee If a payment on your account is returned for Insufficient funds or for any other reason, even if It is paid upon subsequent preaentr w?t (4) a Returned Cash Advance Chad Fee if we retum an sowes check unpaid for any noon, even it the arias check is paid upon subaegvern piesummtc 15) a Copy Fee for each copy of a rmnthly statement or sales draft, tira:pt that the Wx most recent monthly steternerm and sir sales drafts will be provided for free; and 16i an Asmusl fee lf your aCOptrnt is open or if you maintain an am unt balance. whether you here eabre Ghatging privi- leges or not, '-' pod P up" Cbsrpa Unless prohibhed by spolicable law, we will charge your account, as a Purchase. for any mss incurred by us associated with oompiying with state abontioned-property laws. Plase review your Required Federal Dfsclosum or initial Disclosure for additional fees end charges that rosy apply to your aecount. Bieno We may offer you certain bens tr and service wilts your account. Unless vVeoly made a Bert of this Agreement. any such beoefits or sarvics3 are not s part of this Agreement but are stabled to the terns acrd r oWictions outlined in the benefits bnydtune and other official doeu meets provided to you from time to ttme by or on behalf of 1MONA America. We may adjust, add, or delete benefits and services at any tuns and without notice to you. Re f !Ml to Honor Your Accowt We ass not liable for any rehml to honor your account. This an hndu& a refusal to honor your cW or account number or any check w tten on your accouft we are not Rabic for any retention of your card by us. any other bank or any provider of goods or services. s. 07/20/2006 15:26 FIA CARD SERVICES + 912672952844 10.873 0010 We Mau Suspend or Close Your Account We may suspend or close your amount or otherwise term; your right to UN your account. we may do this at any time for any reason. Your obligations under this Atrearnent concr evert after we hove done this. You must destroy all cards. ac: dwkt, and other credit devices on the account when we rest that you do so You Ma Dose Your Ali Unt You may dose your account by notifying us in writing e- telephone and destroying ail cards. access cheap, and otF. credit devices on the account. Your obligattons under this Agreement continue even after you have done this. Traftfs a ions Aftg Yew Ac ofl!!tt Is Close When your awtmt is dosed. you must contact anyone authorized to charge transactions to your account, such * intaim service Fw4ders health dubs. or tnaurance compon These transWiona may continue to be dnarged to your amount until you change the billing. Also, if we believe Y;: have authorized a uwaactian or are attemptint to use VOL. amount On you have requested to dose the account, we may allow the transaction to be charted to your amount. We Map Amend TU AO1+oel1nent We may amend this Agreement at arty time. We may amend It by addln& deleting, at dnaront provisions of thi amend with the appfiuhknode ngttithrom' ents of federal and j Delaware law that are in effect at that time. If an amencim, lives you the opportunity to miars the change. and it you reject the change in the manna provided In such amand- meat. we may terminate your right to reoeive credit and m* ask you to mum all credit davicas as a condition of your retection. The amended Agreement inncludint any higher-r or ether hither chanp or fees) wIli apply to the total out- standing balance, including the balance existing before the amendment became effective. We may replace your card w another card at any thee, We Mal Sal Yeller A"Unt We may at any time, and without notice to you. sell. assi• or transfer your smai mt, soy sums due on your account, th Aawnert, or our rights or obligations under your account this Atreement to any person or tittfty. TVA pawn car emir to whom we make any such sale. aaahtrreierit or transfer shs be entitled to all of our rights and/orONOtioaa under this Agreement to the extent sold, assigned or transferred. Your Credit Ltkit Your credit limit is disclosed to you when you ream yot and and, generally, on each monthly statement. We may change your credit limit from time to time. 7bo amount shown on your nionthly statement as Cash c Credit Available does not take into account any Purdiaees, Castro Advaroces, Hnaswa d age, few moor other transacbom. or credits that post to your account after the Chasing Date o that monthly statement. Such tronsictions could result in your credit limit being exceeded and result In the aasessmei of Owdrmit Fees. What We May Do # You Attiem$ to Exceed You Credit Lima The total outstanditt b alarm on your mount plus authorize, trans at any time must not be more than your rndit limit. if yc 07/20/2006 15:26 FIR CARD SERVICES 4 912672952644 NO. 873 D011 attempt a transaction that results in your total outstanding nr, once (plus authorizations) exceeding your credit limit. we may (1) permit the transaction without raising your credit limit. l= permit the trsnssction and [rest the amount of the transattia that is mote thm the credit limit as Immediately due: or 131 rehrse to permit the traneaaian. if we refuse to permit the trartsaWan. we may advise the penal who attempted the treneectlon that it has been refuse, Ir we refuse to p =It a Check Cash Advmee at Belana Transfer. we may do so by advising the person vesatting the Cheese Cash Advance or Balance 1Y inafer that credit has been Wood, that there we htsulficient funds to pay the Chat* Cas, Advance or 4ldanae Twsfar, or in arty other manner. If we have previously permitted you to eimp i your credit /emit, it does not meat[ that we will permit you to exceed yot l limit, via ?i may dtarga an Ovedi?mit ft Feyou to exceed e w provided your r credit I this Agreement. UfmWAIMW Use of Your Cod MOM sadly w Immediately of the loss, thdt, err po IWIF ` unauthorized use of your account at 1-800-706701. You Mrs[ Notlfjl Us When You Cknge Yow Address We strive to Neap accurate records for your benefit and outs. The past office and otters maw notify us of i Chan" re i your address. When you change your address. you must notil us promptly of your new address. i Whet LAW Applies This Agrwment is made In Delaware. and we extend aedi: to you from Delaware. This Agreement is governed by the lawn of the aft of Ddswarc (without regard to Rs conflict o iawe princlplesi and by any applicable laws, The Pmvl&w of T" AMMeM Are SePwOk If piovtskx of this Adwement is found to be invaiid. the ruining provisions will continue to be effective. Our Riehts Cow&W Out raihue or delay in eletcWr4 any of our under this Agreetneu does not mean that we are unable to exerdsr those rights later. We Arbitration and l.ttigatim provision appl a to you, unless you were giver[ tM oppottur* to (Ned the Arbltratim t and Litigation proosions and you did so relsa than. in the i manner and thnefrome toWnId. If you did reject effaCdvely t Such a pNorrleitln, you greed that any UUMon brought by yo, against us ragarding this account or this A eeri ent shall be brought in a court Wavzd in the State of s3elaeare. ' My claim or diepttte f"daim'l by afthw you or us against the other. or agaitat the ernpioyaea. ants. or assigns of the odw, "Zi fkxn or rusting Ina way to this Aposiment o any prior Agreemertt or your Korn (whether www a status, in contract, tort, or other„riee and whether for money } damages. penWt*. or dedatuoty at equitable reliefs. tnd%drq Claittts regarding the applicaWity d d ft Arbitratfoo and Utigaton swkm or the validity of the satire Agreement or any prior Agreement, shalt be resolved by MWng arbitration The arbitrstiort slgll ba condtkted by the National Atbitratlor a. 07/20/2006 15:26 FIA CARD SERVICE'S 4 912672952844 NO.873 9012 Forum t-N.4F'i. under the Code of Procedwe in effect at the on, the Claim cs filed. Rules and forms d the Natlorral Arbitratinn Forum may be obtained and Chums may be filed at any Nation: Arbitration Forum office. www at?lentQt coin. or P.O. BoX 7111 ¢•• Minn apolis, Minnesota 3%05, telephone 1-800-474-237 f If the NAF is unable or unwilling to &a as arbitrator. we Tom: substitute another nationally recognized, independept arbi- tration oganiudon that uses a similar code of procedure. At your written request. we will advance any arbitration Rlinf (es, or administrative and hearing fees that 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 raimbutse us for an. arbitration filing. administrative. or hearing flea in an amour a {treater than what your court costs would havi been if the Claim had been rbOived in a state coon with jurisdiction. Any arbitration hawing at which you poor will take place within the federal Judicial district that Includes your billing address st the time the Claim 16 Bled. This arbitration so*#, nient is made pursuant to a transaction Involving intemOlt tommeree an shall be gorremsd by the Federal Arbitration Act, 0 U.S.C. 0 )•16 ('FAA ). loftmerit upon any orbimtion award may be entered in any court having lurisdiction, The arbitrator smil follow efibtlag substantive law to the extent consistent with the PA and appllcable statues of limitation- and shall honor any dalms orprivilye recognized by law• if any ply requests, the arbitrator shall writs an 00nion con- taining the reasons (or the award. No Claim submitted to arbitration 16 heard by a fury, and no Claim may be brought as a class action or as a private aftmey general. You do fiat have the right to act as a dam representative or pwtidpate as a member of a doss of claimants with respect to any Claim. This Arbitration and Litigation section applial to Sit Claims now in existenot or that may arise in the future! This Arbitration and Litigation section shall survive the termination of your acmuau with us as well as any voluntary payment of the debt in full by you. any banluuptgr by you. or sale of the debt by us. For the purposes of this Arbfdation and 4tpption section. "ere' and "us* mans MSNA America Virile, NA, its parent, subsidWr* affiliates. licences. predecessors, successors. *as**, any purchaser of your account, and all of their OBieeto dirackin, employees, agefft and assigns or any and all of than. AdditfonaW, "we" at *w shall mean arw thud pnnvhling benefits. cervices, or praducsa in connexion with the account lineluding but not limited to cedit bureaus. mer chants that accept a" aedit device issued under the account rewards or ealolime I servkes, credit insurance companies, debt collectors, and 041 of their officin, directory emptoy?es and agents) it, and only if, such a third party is named by you a6 a oadefwfdant in any claim you assert against us. if any part of this Arbitration and Litiption section is found to be invalid a unenforceable under any law or statute consistent with [M FAA, the remainder of this Arbitration am Litigation section *halt be enforceable without regard to suck Imalldtgr d unenh>tceability. THE RESULT OF THE ARWMA7T0f't AGREEMENT IS THAT, EXCEPT AS PROs PW ABWL CLAIMS CANNOT BE LMGATF.D IN COURT. INCLUDING SOME CLAMS THAT COULD HAVE BEEN TRIED BEFORE A IURY. AS CLASS ACTIONS. OR AS PRTVAT1r ATTORNEY GENERAL ACTIONS. 10 y? 07/20/2006 15:26 FIA CARD SERVICES 4 912672952844 NO.873 0013 CREDIT INSURANCE BENEFITS, CWW 1111MUANCS Nn NOT A 091001511) NOT POfC- iNSUIt): NOT INlfU= by ANY RDLIfitL GONWIVIE'NT AGEWC A!e0 N07 GUAlAN'T M ¦Y TII1111tiM L PUf CHM Or C EW INSURANCE 8 NOT A CONDITION OF 0IFfAINING C Oil W COVUAGE IS DLEIRtD. IT Pays your minimum monthly payment" { up to your balanost on cite dace of IM Inot to exceed $25,000, invol t?tmtarily disability vnampioyrd, :QWjy disabled. or If you or your spouse takes covered fancily leave. Credit Insurance also pays your insured oltatandliq balance up to the Ism of your eenaundlug balance, your coda limit (not AL, AZ, AR, DE, DC, ID, IL IA, IA MD, MN, MS, NV, ND, ON, OK, Rl, SD, VT. WA, WV s WY), or 529.000 if you die. 1 One insured per account (insured must be the primary cardholder or a co•appliwnt. authorized users are not ellglble)• under aN 46170 (n AZ, NV 6 VA. 71 in PL, GA, MI, MO & OK; 7; in NU). Your coverage aids at these same ages (eel family leave in AZ, PL & SD S unamployment), When ernrolled, catilintes will be trailed tWalning your Wwrsle 6, effective date. In MN, unemployment cwerap is effective ai days from your certificate elective date. For unemployment or family leave benefits, you must be gainfully employed 4 working at lust 3o hrslwk (not selsmemptofed or an IrA.Tendent contraaor) for 90 consaartive days before the date or loss KO - before application date), (PA • an the date of loss). M - before coverage effective date for unemployment 1. Employees of professional corporations may be eligible. Cndft Insurance Q7M$: Your I delatfis Itrvoluntary unemployment due to lob loss, general strike, unionized labor depute. or lockout: total disability due f to sickness or injury it you ore unable to palorm the material & substantial dales of your Job for any job after 12 mos. in PA, 18 mos. in Al., AZ. AR, CA, DE. DC, GA, HI, ID. IL. IA. KS. LA. MD, MN, MS, W. Nl. NO, ON. OK, RI. $0. TN. VT. WA. WV. W1 & WY); ywr of your spouses unpaid leave of absence from employment due to are of your newborn a newly adopted child or an incapaaitaoed from edhft family member Imust be 4 spouse, child, mepoldd or paten in AK)! nuindamy moll to ache mtletaty destys )ury duty (ensxpt In AKI; or residence in al 'm -Ilydeclared dhasoer ans. Lasa(not deathi must continue at least 30 dare before bente'ito been. In NY, for strikes, unionized labor disputes & lode ou s, Cott mm be unamployad for 7 wrouct ive reeks S qualrry for state unem- ployment benefits before benelhx been. A daily benefit is paid for each day of lose over 30 days for unemployment in NY lag PA, and disability in CA. CT, Chi NY, W. PA. IU 5 SC 1 You may eainal this cwwoffe at any time. If canceled within the first 30 days of coverage, all premiums will be refunded. i l s ho Meet IA. suicide in the first 6 months of ommaoe Ina MD `MO). Involuntary Unemploymart mt1wrow. resignation, valunt;ary fwseiture of income or job lam due to willful or criminal misconduct disability, strikes in 1L military dhicharge in NY s normal seasonal unampioYmeat in 7x Di*Wltty; normal pragnancy or thildbiRA Ind Ck MA & W. Intentiaaliy eclf.InfllUtd Injuries (not MD). of a pre`exlsteng 1 medical condition during first 6 months of mvemp (riot NJ I. Family leave benefits are not paid if you are erffil" for or i receiving unemployment benefits or era disabled. II a? 07/20/2006 15:26 FIA CARD SERVICES 4 912672952644 N©-873 9014 This is only a brief description of coverage. and coveraix; I varyby store. Please refer to your cerrificstes for a full explanation of coverage. D e<ala?ct Caats?apply to Lfie Sol. DtsabUiey (0), Uners?ployment tU i b Family Leave 1171: AL 54.5c: AK 78e; AZ 99.90; AR 99c: CA 89.9c: CO 30.66c: CT 4189C: DE 99.9c: DC "A: FL 89C; GA 90.8c: Hi 89.91c: ID 99.5c It. 8.6e, D 16.90, U'54c. F 7DC1; iL 80.97c; IN 916c: IA 97.8c (L 7.2C. D I6.bt, U Sac, F 20C ); KS 85,474; KY 97AC: LA 99.93c, ME 53.05e: MD 79.74c; MA 13.7c MI 87.7c; MN 31.47c; US 92.54; MO 61.Ic; MT 93.9c: NE 95.k; NV "37c: NH 95e: NI 97C; NM 38,90: NY 52.74 4L B.k D 26.88, U 16.90 NC 71.30; NO 94.97e: OH 99.9c; OK 97.47c: OR 80.8&: PA 36, IC: PR 994: RI 99Ak; SC 70AC; SD 99,9c; TN 921c; TX 33.7c IL 4.8c, D 1190. U 16c): UT 90.44c: Vr 34.921 IL 6.680. D 12.24c. F 160, VA Bat IL 6, IC. D 8.9c, U 494, F 20c). WA 89.390: WV 99.5c: W1 93.6c (L 7.74. D 8.94. U 59c. F 200. WY 991C, AuhWft Involuntary Unemployment Is not ovallable it MA or Yr. Family Leave i3 not avalikkk in AL, CT. MIL MD, MN, NM. Ny. PA. or7X, Involurnary UnompWyn+ent: Amerwn 3=*yAXXtW113), ICI NY(3MI, AS 11.01 TX() 1/991. L OlGIP-)15(2196). L0IC4P6CWMC("9) and LOIC-W- Standard GuarentpW ICI (*$It (NH anIYI. Lih S Diaability: Union Secvmy 1.11e11,44, LS-G in AL, AZ, AR, DE. DC. ID. IL. 11i. KS. LA, MD, MN. MS, NV, ND. OH, OK. RI. SD, V7, WA. WY & WV; Standard Guaranty Life 17X onlyle L-1-Z(N921(3,53RA), Flat Fa ft Late (NY Ufa CMly)INYLM0013 Amen an 5mrlty INY Dieabillty onlrl W-5-? Fords Insurance (ME on1yVU-X-A. Family Leave; Ameriean SectrdrOLP 14,971, FUILFV I}r97) in FL, PLP-NC (V") In NC. FL'-OK(4M) in OK. FLRVA121981 in VA, FL-IP(A2)(7A8) in AZ. "411) In IL & IN, FL.iP4W 112197) In KS, FLIP-ME !4'993 In ML. FLIP-WY(4W) in WY; Standard Guaranty/" (4197) In NH: Union S= ft Uk+1X-VT(4I9t) In VT. Solfc(tlnt ppW ro tls Y P6ride are CW41 M. Gordon and ftews ai Trie creditor may receive compensation in aonnattion with this offer, it is a crime to provide fate or misleadrn8 informadon to or inane for the pu0m of delreuding the insurer or any other perw. Penoba indade imprtsolsrsent andrar tense. In acifton an insurer may deny insurance bendb if false infomnation mat+srlaily related to a cWm wee ptwldad by the applicant. I L =past due ar4 over credit limit mmuhts. M MI, cow- age pays 5% of the balance on your date of dlabR)ty up to $12%. M OR. aov16a0e 00" the ll "I ai t/3dth ortfw bal- ance or the ewmt Wakmium payment due on your date of last, In NY & Pk aovuage pays the nUhimum pMmn due on your date or low. In TX, c74wW pays the il eater of 6% o your insured outstanding balance on ytwr date of unemploy- mom or your minimum monthly payment *n% number of monthly benefit p- -- will nd eAaed 9 for family lem 12 cot ummoloytttent In Al, AK. Cr IL, ML MN MO, NM, NC, MY. PA, 9C & T16 I7 lot disability in AY, CO. CT FL. KY, MA. MO. MT NE, Nhl, NM. NC, OR, SC, L tS1 NY, NI & 771 Ilnkiew; 0*: 7b Wimhoae coverw ate toAnurara OMW P. 0 Bat VIS, Adva GA 90902. Applieft s will be sot to you. W, VERIFICATION I, ?s;??`?all , 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 JAMES THORNE owes the balance of $3,280.5 4 to CACV of Colorado, LLC on previously submitted invoices, which balance is due and unpaid as of 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. By: Dated PA 12.01.07 C7 ca C.? r t? te; r rTl -i _a c7 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-07304 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CACV OF COLORADO LLC VS THORNE JAMES A R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT THORNE JAMES A but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT , THORNE JAMES A 400 N 2ND STREET NOT FOUND , as to WORMLEYSBURG, PA 17043 PER NEIGHBOR, DEFENDANT HAS BEEN HOSPITALIZED FOR MONTHS, POSSIBLY WITH A TERMINAL ILLNESS. Sheriff's Costs: So answers: Docketing 18.00 Service 27.00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 60.00 WELTMAN WEINBERG REIS 01/07/2009 Sworn and Subscribed to before me this day of , A.D. v S r t .. «c ? r J l ;act k