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HomeMy WebLinkAbout09-1098Our File No.: 184915 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff EMCC, INC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. SCARLET RAILING 1874 GEORGE AVE CARLISLE, PA 17013 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: Oq - 10q8 Ctvil tL-xM 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 a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 Our File No.: 184915 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff EMCC, INC c/o Apothaker & Associates, P.C 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. SCARLET RAILING 1874 GEORGE AVE CARLISLE, PA 17013 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 09- /04P O"Cr P r-- CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is EMCC, INC c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are SCARLET RAILING, an adult individual residing at 1874 GEORGE AVE CARLISLE, PA 17013. 3. Plaintiff, EMCC, INC, is the Assignee and Successor in Interest of Account #2116041014803911; and said account was issued to Defendant(s) by BON TON, the Original creditor. 4. Defendant received, accepted and used the account to its benefit. 5. This account is in default and Defendant(s) has an unpaid balance of $2,498.85. A true and correct copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A". 6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are included in Exhibit "A". 7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as above. 8. Pursuant to the Agreement, the Plaintiff is entitled to reasonable attorney fees in the amount of $750.00, which is included in the amount due and owing above. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $2,498.85 plus reasonable attorney fees in the amount of $750.00 for a total of $3248.85 and requests this Court award Plaintiff attorney's fees and costs to the extentAnnitted by applicable law. ASSOCWES, P.C. for Pl ' tiff A Law F' 7-- David Debt Collection BY: . Apothaker, Esquire Dated: 2/6/2009 Our File No.: 184915 1 t VERIFICATION David J. Apothaker, Esquire hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relatj?Qto unsworn falsification to authorities. David Aoodh&er, Esquire A rnev for Plaintiff DATE: 2/6/2009 EMCC, INC SCARLET RAILING 1874 GEORGE AVE CARLISLE, PA 17013 STATEMENT OF ACCOUNT Debtor's Name: SCARLET RAILING Account Number: 2116041014803911 Original Creditor: BON TON Balance Due: $3248.85 Our File No.: 184915 EXHIBIT "A" .. IMPORTANT INFORMATION: ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents. HSBC Bank Nevada, N.A. Privacy Statement Our Commitment to You HSBC Bank Nevada, N.A. ("HSBC°), is proud to be part of a financial services organization that has been providing superior products and services to its customers for more than a century. We greatly appreciate the trust that you and millions of other customers have placed in us, and we protect that trust by respecting your privacy even if our relationship with you ends. This Privacy Statement illustrates our commitment to your privacy and explains our privacy practices so you can make an informed decision about whom you allow Liss to share your information with in order to offer you additional products and services. Although most customers enjoy receiving offers and information about additional products and services, if you prefer that we don't share your information for marketing purposes we will respect your choice. If you have selected a credit insurance product, the privacy statement applicable to that credit insurance product is set forth at the end of this Privacy Statement. Types of Information We Collect It is important for you to know that in order to ensure that our customers get the very best service and the highest quality products, HSBC collects demographic information (such as your name and address) and credit information (such as information related to your accounts with us and others). This information comes either directly from you, for instance, from your application and transactions on your account; or, it may come from an outside source such as your credit bureau report. In addition, if you visit our Internet website, we may collect certain information about your Internet usage. Gathering this information helps us to identify our customers and manage our customer relationships. It also assists us in the development of products and services to meet the continuing needs of our customers. We Respect Your Privacy Since some of the information we gather is not publicly available, we take great care to ensure that this information Is kept safe from unauthorized access. Because HSBC respects your privacy and values your trust, the only employees or companies who can access your non-public personal information are those who use it to service your account or provide services to you or to us. HSBC diligently maintains physical, electronic and procedural safeguards that comply with applicable federal standards to guard your non-public personal Information and to assist us in preventing unauthorized access to that information. How We Share Information with Bon-Ton or Elder-Beerman We may share non-public personal information with Bon-Ton or Elder-Beerman, in whose name your credit card is issued, which Bon-Ton or Elder-Beerman may use to market you for products and services unrelated to your account with us. The information we provide them may come from your application and might include your name, address, and telephone number. You may tell us not to share such information with Bon-Ton-or Elder-Beerman for purposes unrelated to your account by simply calling the phone number listed below. For Vermont residents, Vermont law requires us to obtain your permission to share information about you in this way, and we have chosen not to share your information in this way. How We Share Information with Our Affiliates* From time to time, for general business purposes such as fraud control, or when we think it may benefit you, we share certain information with other companies within our corporate family (i.e., Affiliates). These companies all provide financial services such as banking, consumer finance, insurance, mortgage, and brokerage services, Some examples include companies doing business under the names HFC?', BeneficialO, or HSBC. We may also share certain information with non-financial service providers that become our Affiliates in the future (such as travel, auto and shopping clubs). The information we share might come from your application, such as your name, address, telephone number, social security number, and e-mail address. Also, the information we share could include your transactions with us or our Affiliates (such as your account balance, payment history, and parties to the transaction), your Internet usage, or credit card usage. Except for Vermont residents, the information we share with our Affiliates may also include your assets, income or credit reports which we collect from the sources described above. With this information, our Affiliates can determine if the products they specialize in, such as mortgages, automobile loans and insurance, may be of benefit to you. How We Share Information Outside the HSBC Family (Other than Bon-Ton or Elder- Beerman) Except for California and Vermont residents, we also may share information with companies outside our corporate family (.e., non-Affiliates) that are able to extend special offers we feel might be of value to you. These companies may be financial services providers (such as mortgage bankers or insurance product providers) or they may be non- financial companies (such as retailers or marketing companies). These offers are typically for products and services that you might not otherwise hear about. The information we may provide them comes from the sources described above and might include your name, address and phone number. For California and Vermont residents, applicable law requires us to obtain your permission in order to share your information in this way, and we have chosen not to share your information in this way. We may also provide information to non-Affiliates that perform operational services related to your account or marketing services for us. Sharing information with these types of companies is permitted by law. Such a company might include a financial company (such as a mortgage banker or insurance service provider) with whom we have a joint marketing agreement or a non-financial company (such as a data processor or Internet service provider) with whom we have a service agreement. The information we may share also comes from the sources described above and might include your name, address, phone number and account experience with us. Finally, we provide information about you to non-Affiliates such as credit reporting agencies and companies which provide services related to your account. This information sharing is also permitted by law. Privacy and Security on the Internet Our website offers you the opportunity to view your current account information and make payments online, in addition to providing general information about our company and products. You may view our Privacy Statement when you visit our website by clicking on the "Privacy Statement" link. We reserve the right to change our privacy practices at any time in accordance with applicable law. Notice of such changes will be provided if required by applicable law. How to Request That Your Information Not Be Shared Information Sharing with Bon-Ton or Elder-Beerman If you do not want us to share your non-public personal information with Bon-Ton or Elder- Beerman (unless we are permitted or required by law to do so), you will also need to let us know by simply calling us at 1-800-365-3804. We will be happy to comply with your request. Please understand that your request may exclude you from receiving valuable offers in the future. Your request will only apply to the private label accounts you have with HSBC Bank Nevada, N.A. An opt-out request by any party on a joint account will apply to all parties on the joint account. Opt-out requests will not apply to information sharing that is permitted by law. Vermont residents are automatically opted out from information sharing with Bon-Ton or Elder-Beerman that is not otherwise permitted or required by law. Information Sharing With Our Affiliates* If you do not want us to share your credit information (such as your credit bureau information) with our Affiliates, please let us know by simply calling us at 1-800-365- 3804. We will be happy to comply with your request. If you have previously informed us of your preference, you do not need to do so again. Your request will not apply to information about your transactions or experience with us (such as account information, account usage, or payment history) and will only apply to the private label accounts you have with HSBC Bank Nevada, N.A. Private label accounts are not general purpose accounts such as MasterCard® or Visa", but are accounts that may be used only at the specific merchant or merchants named on the credit card or account. An opt-out request by any party on a joint account will apply to all parties on the joint account. Vermont residents are automatically opted out from credit information sharing with our Affiliates. Information Sharing with Non-Affiliates (Other than Bon-Ton or Elder-Beerman) If you do not want us to share your non-public personal information with non-Affiliates (unless we are permitted or required by law to do so), you will also need to let us know by simply calling us at 1-800-365-3804. We will be happy to comply with your request. It you have previously informed us of your preference, you do not need to do so again. Please understand that your request may exclude you from receiving valuable offers in the future. Your request will only apply to the private label accounts you have with HSBC Bank Nevada, N.A. An opt-out request by any party on a joint account will apply to all parties on the joint account. Opt-out requests will not apply to information sharing that is permitted by law. California and Vermont residents are automatically opted out from information sharing with non-Affiliates. How to Be Removed from Solicitation Lists of Companies Participating in the Direct Marketing Association (DMA) Preference Service If you wish to be removed from mailing solicitation lists at a national level, please sent your name and address (with zip code) to the Direct Marketing Association at the following address: Mail Preference Service (DMA), P. 0. Box 9008, Farmingdale, NY 11735-9008. ' 'Affiliates" are companies that are related to us by common ownership or corporate control. Our Affiliate: include HFC1, BeneficlaP, HSBC Automotive Finance Corporation, HSBC Insurance Services, and HSBC companies such as HSBC Bank LISA, and HSBC Mortgage Corporation. anual - As of 3/1/06 the Standard Rate is ;rceritage ate (APR) for 23,7%, which may vary. archases ther APRs Default Rate: 27.7% as of 3/1/06, which may vary.' friable-rate Your APR may vary. The Standard Rate for formation purchases is determined monthly by adding 16.2% to the Prime Rate. The Default Rate is determined monthly by adding 20.2% to the Prime Rate." race Period No finance charges are assessed on new r Repayment purchases if the balance is paid in full each Balance for month within 23 days after the billing date. archases ethod of Two Cycle Average Daily Balance (Including imputing the new purchases) glance for archases nnual Fees NONE inimum nance Charge $1 "UO ansaction Fee NONE r Purchases to payment fee: $15 for combined account balance of $99.99 or is; $29 for combined account balance from $100.00 to $1,000; 15 for combined account balance of $1,000.01 or more. erlimit fee: $0 you fail to make two consecutive Total Minimum Payments Due and are 30 days past due, you no longer be eligible for the Standard Rate and all existing Promotional Credit Plans will iinate, and your entire Account balance will be subject to the Default Rate. our APR may vary and is based on the highest of the U.S. Prime Rate(s) published in The Wall yet Journal "Money Rates Section" on the first or last day of the month that The Wall Street mal is published, plus a "Spread" of 16.2 percentage points for the Standard Rate and a -ead" of 20.2 percentage points for the Default Rate. Any changes in the Prime Rate will take ct on the first day of your billing cycle beginning in the next month. The Standard Rate will never ass than 21.9%. The Default Rate will never be less than 25.9%. rICE FOR MARRIED WISCONSIN RESIDENTS: No provision of a marital property agreement uding a Statutory Terminable Marital Property Classification Agreement under Sec. 766.588 Wis. s., or a Statutory Terminable Individual Property Classification Agreement under 766.70) ?rsely affects the interest of the creditor unless the creditor, prior to the time the credit is granted, imished a copy of the agreement, statement or decree or has actual knowledge of the adverse 4sion when the obligation to the creditor is incurred, riCE FOR CALIFORNIA RESIDENTS: California law requires that we inform customers that .rld they fail to fulfill the terms of their credit obligation, a negative report reflecting on their credit )rd may be submitted to a credit reporting agency. If you are married, you may apply for credit in own name. rICE FOR FLORIDA RESIDENTS: You (borrower) agree that, should we obtain a gment against y6u, a portion of your disposable earnings may be attached or nished (paid to us by your employer), as provided by Florida and Federal law. rICE FOR MAINE RESIDENTS: We may request a consumer report in connection with your licatlon for credit. You may ask whether a consumer report was obtained by us and we will tell the name and address of the consumer reporting agency, if a report was obtained. rICE FOR NEW YORK RESIDENTS: A consumer credit report may be requested in connection i this application or in connection with updates, renewals or extensions of any credit granted as suit of this application. Upon your request, you will be informed whether or not such a report was jested and, if so, the name and address of the agency that fumished the report. New York dents may contact the New York state banking department to obtain a comparative listing of fit card rates, fees and grace periods. New York State Banking Department: 1-800-522-3330. rICE FOR OHIO RESIDENTS: The Ohio Laws against discrimination require that all creditors (e credit equally available to all creditworthy customers and that credit reporting agencies Plain separate credit histories on each individual upon request. The Ohio Civil Rights Commission tinisters compliance with this law. rICE FOR VERMONT RESIDENTS: A consumer credit report may be requested in connection i this application or In connection with updates, renewals or extensions of any credit granted as suit of this application. Upon your request, you will be informed whether or not such a report was jested and, if so, the name and address of the agency that furnished the report. IMPORTANT TERMS OF YOUR CREDIT CARD ACCOUNT 1. GENERAL, Each person signing and submitting, or electronically or telephonically submitting the application for a credit card account ('Account") as applicant or joint applicant applies for an Account with HSBC Bank Nevada, N.A., a national banking association, and requests one or more credit card(s) bearing the name or tradename of Bon-Ton/Elder-Beerman to be used in connection with the Account. The word "Card" means any credit card(s) issued to you or an authorized user of your Account. In this Agreement, the words "you" and "your" refer to the applicant and joint applicant named on the credit card application and the words "we", "us" and "air" refer to HSBC Bank Nevada, N.A., located at 1111 Town Center Drive, Las Vegas, Nevada 89144. If your application is approved, "applicant" will be referred to as 'primary cardholder" and "joint applicant" will be referred to as "secondary cardholder" for purposes of this agreement. If we accept your application to open an Account, you agree that you will only purchase goods and services for personal, family and household purposes from merchants which honor the Card. 2. FINANCE CHARGES: (a) Finance Charges, which are part of the interest on your Account, are calculated separately for each Promotional Credit Plan and each Regular Credit Plan (each a "Credit Plan'. Promotional Credit Plans with different promotional due dates or terms are treated as different Credit Plans for this purpose. The total Finance Charge for the billing cycle is the sum of the Finance Charges for each Credit Plan, subject to the minimum Finance Charge under Section 3. (b) Finance Charges are imposed on purchases from the transaction date until paid in full, except that no Finance Charge is imposed in a billing cycle ("Current Cycle") on: () a new purchase on a Regular, Delayed Monthly Payment, Reduced Rate, or Special Repayment Factor Credit Plan if the combined Previous Balance of those Credit Plans at the beginning of the Current Cycle is zero or a credit balance, or is paid in full before the Payment Due Date that falls during the Current Cycle; (ii) any balance on a Regular, Delayed Monthly Payment, Reduced Rate, or Special Repayment Factor Credit Plan if the combined Previous Balance of those Credit Plans at the beginning of the Current Cycle is zero or a credit balance, or is paid in full before the Payment Due Date that falls during the Current Cycle and the combined New Balance of those Credit Plans at the beginning of the previous billing cycle ("Previous Cycle") is zero or a credit balance, or is paid in full before the Payment Due Date that falls during the Previous Cycle; (ili) a purchase on a Waived Finance Charge Credit Plan for the specified promotional period; Qv) a purchase on a Same As Cash Credit Plan if the full cash sales price is paid in full before the promotional due date. (c) If a Finance Charge is imposed on a Credit Plan other than a Same As Cash Credit Plan in the Current Cycle, the amount will be the sum of the following daily Finance Charge calculations for the Credit Plan during the Current Cycle and (if applicable) the previous billing cycle ("Previous Cycle': () the applicable Daily Periodic Rate for the Current Cycle times the Daily Balance for each day in the Current Cycle; and (i) the applicable Daily Periodic Rate for the Previous Cycle times the Daily Balances of any new purchases on the Credit Plan during the Previous Cycle on which Finance Charges were not imposed during the Previous Cycle. (d) If a Finance Charge is imposed on a Same As Cash Credit Plan, the amount will be the sum of the following daily Finance Charge calculations for the Credit Plan during the Current Cycle and each of the prior billing cycles (each a 'Prior Cycle') from the transaction date of the purchase until the Current Cycle: p the applicable Daily Periodic Rate for the Current Cycle times the Daily Balance for each day in the Current Cycle; and (!) the applicable Daily Periodic Rate for each Prior Cycle times the Daily Balances of the Credit Plan for each day during each Prior Cycle. (e) The 'Daily Balance" of a Credit Plan is determined by taking the opening balance of the Credit Plan for that day, adding any new purchases made on the Credit Plan that day and subtracting any payments or credits applied to the Credit Plan that day. For purposes of determining the Daily Balance of the Previous Cycle, the only purchases considered are new purchases on which Finance Charges were not imposed in the Previous Cycle. The previous day's Finance Charges and credit insurance premiums or debt cancellation fees (if applicable) are included in the Daily Balance of a Credit Plan, except that for any Same As Cash Credit Plan, credit insurance premiums or debt cancellation fees (if applicable) are not included in the Daily Balance of that Credit Plan during the promotional period. Late fees, ovedimit fees, returned check fees and other fees on the Account are added to the Daily Balance of a Credit Plan when imposed. If a purchase on a Credit Plan posts after the beginning of a billing cycle, but the transaction occurred prior to the beginning of the billing cycle, the amount of the transaction plus related Finance Charges outstanding on each day from the transaction date until the first day of the billing cycle in which the transaction posts will be added to the Daily Balance of the Credit Plan for the first day of the billing cycle in which the transaction posts. M The Daily Periodic Rate which is used to determine your Finance Charges and the corresponding Annual Percentage Rate, will be variable rates which may change monthly. The Daily Periodic Rate will be one-three hundred sixty fifth of the sum of the highest of the Prime Rate(s) published in The Wall Street Joumal'Money Rates Section" on the first or last day of the month that The Wall Street Journal is published, plus a "Spread" of 162 percentage points for the Standard Rate and a "Spread" of 20.2 percentage points for the Default Rate. Any changes in the Prime Rate will take effect on the first day of your billing cycle beginning in the next month. The minimum rate of Finance Charge for the Standard Rate is a Daily Periodic Rate of .06000% (corresponding 21-W. Annual Percentage Rate). The minimum rate of Finance Charge for the Default Rate Is a Daily Periodic Rate of .07096% (corresponding 25.9% Annual Percentage Rate). For example, as of the billing cycle beginning March 1, 2006, the Finance Charge for the Standard Rate would have been a Daily Periodic Rate of .06493% (corresponding 23.7% Annual Percentage Rate) and the Finance Charge for the Default Rate would have been a Daily Periodic Rate of .07589% (corresponding 27.7% Annual Percentage Rate). An increase in the Prime Rate will increase your applicable Daily Periodic Rate which may increase the Finance Charge and the Minimum Monthly Payment due on your Account. You will qualify for the Standard Rate until you have failed to make two consecutive Total Minimum Payments Due and are 30 days past due. 3. MINIMUM FINANCE CHARGE: A minimum Finance Charge of $1.00 will be assessed for each billing cycle In which a Finance Charge is payable. 4. FEES: We may impose on your Account the following fees, which will be added to your Account when assessed: a) Late Payment Fee: Your Late Payment Fee will be based on your combined abcount balance pass any Delayed Monthly Payment credit plan balances) at the time of your payment due date. If you fail to pay us the Total Minimum Payment Due in full by the Payment Due Date organization that has 'in place a formal or informal policy that is inconsistent with and purports to override the terms of this arbitration provision, including the Class Action Waiver Provision defined below. No class actions or private attorney general actions in court or in arbitration or joinder or consolidation of any claims in Court or in arbitration with other persons, are permitted without the written consent of you and us. The validity and effect of the preceding sentence (herein referred to as the "Class Action Waiver Provision's shall be determined exclusively by a court and not by the Administrator or any arbitrator. Neither the Administrator nor any arbitrator shall have the power or authority to waive, modify or fail to enforce the Class Action Waiver Provision, and any attempt to do so, whether by rule, policy arbitration decision or otherwise, shall be invalid and unenforceable. THE PARTIES ACKNOWLEDGE THAT THEY HAD A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF EITHER PARTY ELECTS ARBITRATION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY EITHER PARTY. You may contact, obtain the arbitration rules of, or file a Claim with AAA or NAF, as follows: American Arbitration Association National Arbitration Forum 335 Madison Avenue P.O. Box 50191 New York, NY 10017 Minneapolis, MN 55405 www.adr.org www.arb-forum.org As used in this arbitration provision, the term 'we', "us", and "our" shall mean HSBC Bank Nevada, N.A., its parents, subsidiaries, affiliates, predecessors, successors, assigns, and each of their officers, directors, and employees. 7. MONITORING PRACTICES: You agree that our supervisory personnel may listen to and record telephone calls between you and our representatives in order to evaluate the quality of our service to you ahd other cardmembers. The Information about the costs of the Card described in this application and Important Terms of Your Credit Card Account is accurate as of March, 2006. This information may have changed after that date. To find out what may have changed write to us at 1111 Town Center Drive, Las Vegas, Nevada 89144. YOUR BILLING RIGHTS-KEEP THIS NOTICE FOR FUTURE USE This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us In Case of Errors or Questions About Your Bill: If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet at the address listed on your bill. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information • Your name and account number. • The dollar amount of the suspected error. • Describe the error and explain, If you can, why you believe there is an error. • If you need more information, describe the item you are not sure about. Your Rights and Our Responsibilities After We Receive Your Written Notice: We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If we didn't make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within ten days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your bill was correct. Special Rule-for Credit Card Purchases: If you have a problem with the quality of property or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. There are two limitations on this right: (a) You must have made the purchase in your home state or, if not within your home state within 100 miles of your current mailing address; and (b) The purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. ACCOUNT SAVER* Summary IMPORTANT INFORMATION: The ACCOUNT SAVER debt cancellation feature applies to the primary and joint cardholder and the primary cardholder's spouse (herein referred to as "You" and "Your'. Your purchase of ACCOUNT SAVER is optional, and whether or not You enroll will not affect Your application for credit or the terms of any existing agreement You have with HSBC Bank Nevada, N.A. (herein referred to as "We" or "Us"). ACCOUNT SAVER is sold by Us and the fees will be billed to Your credit card account. Upon acceptance of Your enrollment, You will receive Your Contract Provisions, which will state the terms and conditions of ACCOUNT SAVER. ACCOUNT SAVER is a debt cancellation product and is not insurance. The Contract Provisions of ACCOUNT SAVER are an optional addendum to Your Cardholder Agreement. This document is only a summary of the ACCOUNT SAVER features. Please read Your Contract Provisions carefully for details of Your protection. There are eligibility requirements, conditions, and exclusions that could result in no benefits. You can find a complete explanation of the eligibility requirements, conditions and exclusions throughout Your ACCOUNT SAVER Contract Provisions. AL;UOUN I bAVLH is unavailable in Mtssissrppt, Wan, me virgin rslanus, ruerru nu:u anu r,auaua. PROPERTY DAMAGE OR LOSS: If there is damage or loss to merchandise purchased on Your creel card account, ACCOUNT SAVER will cancel from Your account an amount equal to the cost of repairin or replacing the merchandise up to the balance existing as of the date of the Qualifying Event. TOTAL DISABILITY: Following 30 consecutive days of Temporary Disability, You are eligible for cancellation of part of Your account's balance. ACCOUNT SAVER will cancel an amount equal to 101 of Your account's balance on the date You became temporarily disabled and for each month that Yo remain temporarily disabled. You must have been employed full-time (but not self-employed, workirr for a spouse, including common law relations, or any other individual living with You on whom You at financially dependent for support and maintenance or employed on a part-time basis) and working 3 hours or more per week at a single job on the date Temporary Disability began. PERMANENT AND'MAL DISABILITY: if you become permanently and totally disabled, ACCOUN SAVER will cancel the balance on Your account on the, date You became permanently and total) disabled. You must have been employed full-time (but not self-employed, working for a spouse including common law relations, or any other individual living with You on whom You are financial) dependent for support and maintenance, or employed on a part-time basis) and working 30 hours c more per week at a single job on the date Permanent and Total Disability began. INVOLUNTARY UNEMPLOYMENT: Following 30 consecutive days of involuntary Unemployment You are eligible for a cancellation of part of Your account's balance. ACCOUNT SAVER will cancel a amount equal to 10% of Your account's balance on the date You became involuntarily unemployed an for each month that You remain involuntarily unemployed. You must have been employed full-time (lot, not self-employed, working for a spouse, including common law relations, or any other individual livin, with You on whom You are financially dependent for support and maintenance, or employed on a part time basis) and working 30 hours or more per week at a single job on the date Involuntar Unemployment began. HOSPITALIZATION: If You are admitted for two consecutive overnight stays in a hospital due ti sickness or injury, You are eligible for a cancellation of part of Your account's balance. ACCOUN SAVER will cancel an amount equal to 10% of Your account's balance on the date of You Hospitalization. You may also be eligible for subsequent cancellations if You are or become disablef as a result of the sickness or injury that caused Your Hosptalization. There is a maximum number c 4 continuous monthly cancellations of 10% of Your account's monthly balance on the date You Hospitalization began. FAMILY LEAVE: Following 30 consecutive days of an unpaid employer-approved Family Leave, Yoa are eligible for a cancellation of part of Your account's balance. ACCOUNT SAVER will cancel at amount equal to 10% of Your account's balance on the date of Your Family Leave and for each monhl of Your Family Leave. You must have been employed full-time (but not self-employed, working for; spouse, including common law relations, or any other Individual living with You on whom You an financially dependent for support and maintenance, or employed on a part-time basis) and working N hours or more per week at a single job on the date Your Family Leave began. LOSS OF LIFE: If You die, ACCOUNT SAVER will cancel the balance on Your account on the date c death; however, Your eligible account balance will not be cancelled if You commit suicide. TERMINATION: You may terminate Your ACCOUNT SAVER feature at any time. If You choosy to terminate Your ACCOUNT SAVER feature within 60 days of enrollment, We will credit You account for any fees that You have been charged for ACCOUNT SAVER during this period. Wit may terminate Your ACCOUNT SAVER feature for any reason by giving You written notice a least 30 days in advance of termination. We will automatically terminate Your ACCOUN', SAVER feature on the ftrst date We become aware of a misrepresentation of information b1 You. If Your account becomes 3 billing cycles past due, Your participation in ACCOUNT SAVER will be suspended. Your participation will be reinstated effective when Your accoun again becomes less than 3 billing cycles past due. You will not be protected for am qualifying event that begins or occurs during the time that Your participation in ACCOUNT SAVER is suspended. COST, The monthly charge rate for the ACCOUNT SAVER feature is $1.70 per $100 of You Average Daily balance each month (including any deferred balance). We reserve the righ to increase the rate In which case You will be notified in writing at least 30 days in advance of the increase. ADDITIONAL IMPORTANT INFORMATION: • We reserve the right to modify these Contract Provisions, but if the modification is no favorable to You or if there is an additional charge, We will first provide You with notice of the proposed change and an opportunity to terminate this program without penalty before the change takes effect. • ACCOUNT SAVER is only offered as a package and its components are not available separately. • You may be subject to federal, state and local taxes on the amount of You cancelled balance Please consult Your tax advisor for guidance on the tax implications, if any, of ACCOUNT SAVER • During the qualification period and the time it takes to process Your cancellation, Your accoun balance is not suspended or cancelled. You remain responsible for finance charges and minimun payment requirements on Your account until the balance is paid oft or a cancellation takes place Once Your cancellation is processed (except for cancellation due to Property Damage or Loss or Permanent and Total Disability), Your account will not accept ant authorizations for purchases, cash advances, or any other transactions. Your accoun will remain inactive until Your benefit period ends. • There is no limit on the overall number of ACCOUNT SAVER cancellations You may have. However there is a limit on consecutive monthly cancellations for Hospitalization as described above. To br eligible for subsequent ACCOUNT SAVER cancellations, You must be actively workint continuously full-time and meet all contractual qualifications prior to each Qualifying Event. DC-14.23 E4.03I010 RP=IID6 6022-BONTON-US-02 (3-0f '1 1 + i + 1 + + I' 1 + MONTHLY DEBT CANCELLATION PROGRAM. If you enroll in our optional ACCOUNT SAVER program, Your monthly credit card balance or a portion of your balance will be cancelled in the case of the following qualifying events: Temporary Disability or Permanent and Total Disability; Involuntary Unemployment; Empfoyer-approved Family Leave; Hospitalization; Property Damage or Loss; or Loss of Life. To receive a cancellation benefit (for other than Loss of Ufe or Property Damage or Loss) on Your account, You must be employed full-time (but not self-employed or working for a spouse, including common law relations, or any other individual living with you on whom you are financially dependent for support and maintenance) and waking 30 hours or more per week at a single job on the date the event occurs. ACCOUNT SAVER is not insurance and is unavailable in Mississippi, Guam, the Virgin Islands, Puerto Rico and Canada. YES, please. enroll me in the optional ACCOUNT SAVER monthly debt cancellation program. 1 authorize the monthly charge to my account when I have a balance. I have received and read the ACCOUNT SAVER Summary. I understand that your evaluation of my credit card application will not be influenced by whether I choose to enroll, and I am free to cancel at any time. (MM/DD/1'Y) SIGN HERE TO ENROLL DATE NO, I do not wish to enroll at this time. (MM/DD/YY) SIGN HERE TO DECLINE DATE DC-11-23 Ed 9116105 (For Bon-Ton/Elder-Beerman Use Only) Associate Reminders If Customer requests Account Saver: • Have customer sign and date form • Print Applicant and Joint Applicant name • Print your associate # next to U. Verified by:" • Print Applicant and Joint Applicant ID. details • Print Account number in boxes - • Detach signed form and send to Credit Applicant Name Joint Applicant Name INITIAL SALE AMT CREDIT LIMIT I.D. Verified by: I.D. #1 Photo ID (Applicant) Type: I.D. # State Date of Issue / Exp. Date ! I.D. #1 Photo ID (Joint Applicant) Type: I.D. If State Date of Issue / Exp. Date / ACCOUNT# (Account #'s are 16 digits in length) 1111111111111111111111110 111111 6022-BONTON-US-02 (M6) ... ?.. ,.....y . - -- - account balance of $99.99 and below; $29 for a combined account balance of $100.00 to $1,000; and $35 for a combined account balance of $1,000.01 and over. b) Returned Check Fee: You agree to pay $29 each time any payment check on your Account is returned unpaid by your bank or other financial institution for any reason. c) Document and Research Fees: If you ask us to provide you with a replica of your sales slip, billing statement or other document (except in connection with a billing error claimed in accordance with "Your Billing Rights"), we may charge you the following fees: (i) Billing statement. $5 per statement (ii) Sales/credit slip: $5 per transaction; (ii) Payment instrument: $5 per payment; arid, (w) Research fee: $15 per hour. Payment Histories: You will be charged the applicable research fee in addition to the following itemization fees. For requests involving statement activity within the last 12 months - $7.50; activity within the last 13-48 months - $11.25; and activity within the last 49-72 months - $22.50. We reserve the right to change the Document and Research Fee Schedule from time to time. You may call Customer Service for a current fee schedule. d) Reissued Card Fee: You may be charged $5 each time you request that your credit card be reissued. e) Direct Check Fee: In the event that you pay your account with a direct check, you agree to pay up to a $15 fee for each direct check. We reserve the right to change the Direct Check Fee from time to time. You may call Customer Service for a current fee schedule. Q Overlimit Fee: In the event you exceed your credit limit, you will be charged an Overlimit Fee of $0. g) Collection Costs: fl, after you default, we refer your Account to an attorney and/or collection agency for collection, we may charge you our collection costs, including court costs and reasonable attorneys' fees, when and as permitted by applicable law. 5. SECURITY: Except as indicated below, you grant us a purchase money security interest in the goods purchased with your Card. Each good purchased on your Account will secure the entire Account balance until such good is paid in full. For purposes of determining which goods are subject to a security interest, payments received will be deemed to be applied first to any unpaid insurance premiums or debt cancellation fees (f applicable), Finance Charges, and lees and then to pay for purchases on the Account in the order In which they were made. When sufficient payments are made to repay the portion of the Account balance attributable to the purchase of a particular good, we will release our purchase money security interest in that good. Goods covered by a security interest may be taken from you 9 you do not pay on time. We may require you to make them available at a convenient place of our choice. We waive any security interest in your home if the goods are installed and in any goods purchased with credit card checks. We take no security interest in goods where the original purchase price is less than $200 'rf you live in New Yak and in goods where the original purchase price is less than $700 if you live in Maryland. If we repossess any goods purchased with your Card, we may charge you our repossession costs including, but not limited to, necessary repairs, storage fees and costs of sale, when and as permitted by law. 6. ARBITRATION: Any claim, dispute, or controversy between you and us (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre- existing, present or future), including initial claims, counter-claims, cross-claims and third party claims, arising from or relating to this Agreement or the relationships which result from this Agreement, and except as provided below, the validity, enforceability, or scrape of this arbitration provision, any part thereof or the entire Agreement ("Claim', shall be resolved, upon the election of you or us, by binding arbitration pursuant to this arbitration provision and the applicable rules or procedures of the arbitration administrator selected at the time the Claim is filed. The party initiating the arbitration proceeding shall have the light to select one of the following arbitration adrninistratas (the "Administrator"): the American Arbitration Association ("AAAJ or the National Arbitration Forum ("NAFI. The arbitrator shall be a lawyer with more than ten years experience or a retired or former judge. We agree not to invoke our right to arbitrate an individual Claim you may bring in small claims court or an equivalent court, it any, so tang as the Claim is pending only in that court. The rules and forms of the AAA and the NAF may be obtained by writing to these organizations at the addresses listed below. Our address for service of process under this provission. is HSBC Bank Nevada, N.A., P.O. Box 279, Mount Prospect, IL 60056. Any participatory arbitration hearing that you attend will take place in the city nearest to your residence where a federal district court is located or at such other location as agreed by the parties. On any Claim you file, you will pay the first $50 of the filing fee. At your request we will pay the remainder of the filing fee and any administrative or hearing fees charged by the Administrator on any Claim submitted by you in arbitration up to a maximum of $1,500. If you are required to pay any additional fees to the Administrator, we will consider a request by you to pay all or part of the additional fees; however, we shall not be obligated to pay any additional fees unless the arbitrator grants you an award. If the arbitrator grants an award in your favor, we will reimburse you for any additional fees paid or owed by you to the Administrator up to the amount of the fees that would have been charged if the original Claim had been for the amount of the actual award in your favor. The parties shall bear the expense of their respective attorney's fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, or the fees paid to the Administrator, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary contained herein. If the arbitrator issues an award in our favor you will not be required to reimburse us for any fees we have previously paid to the Administrator or for which we are responsible. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1 - 16 (the "FAA'). The arbitrator shat apply applicable substantive law consistent with the FAA and, if requested by either party, provide written reasoned findings of fact and conclusions of law. Judgment upon the award may be enterec in any court having jurisdiction. The arbitrator's award will be final and binding except fa: (a) any appeal right under the FAA; and (b) any appeal of Claims involving more than $100,000. For suct Claims, any party may appeal the award to a three arbitrator panel appointed by the Administrator: which will reconsider de novo (.e., in its entirety) any aspect or all aspects of the initial award that is appealed. The panel's decision will be final and binding, except for any appeal right under the FAA. Unless applicable law provides otherwise, the appealing party will pay the appeal's costs (i.e., IN amounts owed to the Administrator and the arbitrators), regardless of its outcome. However, we wil consider in good faith any reasonable request for us to bear up to the full costs of the appeal. This arbitration agreement shall survive termination of your Account as well as the repayment of al amounts borrowed hereunder. If any portion of this arbitration agreement is deemed invalid o unenforceable under any law or statute consistent with the FAA, it shall not invalidate the remaininc portions of this arbitration agreement or the Agreement. In the event of a conflict or inconsisteno between the rules and procedures of the Administrator and this arbitration agreement, this arbitration agreement shall govern. Notwithstanding any language in this arbitration provision to the contrary, n( arbitration may be administered, without the consent of all parties to the arbitration, by an, 00 * t -74 Fu • ?.l rs SHERIFF'S RETURN - REGULAR CASE NO: 2009-01098 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EMCC INC RAILING SCARLET VS WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RAILING SCARLET the DEFENDANT at 2046:00 HOURS, on the 25th day of February-, 2009 at 1874 GEORGE AVE CARLISLE, PA 17013 by handing to SCARLET RAILING a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 4.50 ?'?,,?y? -?? 00 10.00 R. Thomas Kline .00 32.50 02/26/2009 APOTHAKER & ASSOC. By V? day Deputy Sheriff A.D. `g°f1 EMCC, INC., Plaintiff V. SCARLET RAILING, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2009-1098 CIVIL TERM CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please enter my appearance on behalf of the defendant, SCARLET RAILING, in the above captioned case. Respectfully submitted, & Mc IGHT . C. By: IRWINarcu A. McKnig , Esquire 60 Wes omfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for defendant Date: March 12, 2009 EMCC, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-1098 CIVIL TERM SCARLET RAILING, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: David J. Apothaker, Esq. Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 By: Date: March 12, 2009 Marcus,A. McKni t, II , Es 60 West Pomfret Str Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 2 IRWIN & McKNIGHT, P.C. Cr w r_ } C C-n < A s IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Civil Action - In Law Plaintiff, No. 09-1100 Civil Term vs. ARBITRATION SOUTH BAY LOGISTIC, LLC d/b/a SOUTH BAY LOGISTICS and NAI CHANG SHEN, Defendants. STATE OF PENNSYLVANIA ) COUNTY OF BUCKS ) AFFIDAVIT OF SERVICE SS.: I, Anthony P. Krzywicki, Attorney for Plaintiff, served a true and correct copy of the Complaint in the above matter, addressed to Defendant, South Bay Logistic, LLC d/b/a South Bay Logistics, at their last known address, which is 2218 Machlin Court, #B, Walnut, California, 91789, by First Class Mail with Certificate of Mailing under the exclusive care and custody of the United States Postal Service on March 2, 2009. A copy of the Certificate of Mailing receipt is annexed hereto and made a part hereof. KRZYWICKI &ASSOCIATES Atto for Plain P. X. Box 505 New Hope, PA 1 38 Attorney ID No. 23754 (215) 862-4390 Sworn to before me this QJ4-) day of PO(C , 2009. .-mve-6 NOTAR PUBLIC NOTARIAL SEAL AMY M GLASGOW Notary Public SOLEBURY TWP, BUCKS COUNTY.. My Commission Expires Mar 14. 2012 ?„? N a ?. .1? ?1:, ? }i1?:..: ?, ..? ?`! t ' i /? ?-...... '? ? .? l ?! t_? '? ?? ?? ?i ?:_ ?i .Y {.?... t , •. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Civil Action - In Law Plaintiff, No. 09-1100 Civil Term VS. ARBITRATION SOUTH BAY LOGISTIC, LLC d/b/a SOUTH BAY LOGISTICS and NAI CHANG SHEN, Defendants. STATE OF PENNSYLVANIA ) COUNTY OF BUCKS AFFIDAVIT OF SERVICE SS.: I, Anthony P. Krzywicki, Attorney for Plaintiff, served a true and correct copy of the Complaint in the above matter, addressed to Defendant, Nai Chang Shen, at his last known address, which is 2024 Brighton Street, Apt P, San Gabriel, California, 91776, by First Class Mail with Certificate of Mailing under the exclusive care and custody of the United States Postal Service on March 2, 2009. A copy of the Certificate of Mailing receipt is annexed hereto and made a part hereof. Sworn to before me this qW day of 00C° (/) 12009. NOT PUBLIC NOTARIAL SEAL AMY M GLASGOW Notary PublIC SOLEBURY TWP, BUCKS COUNTY My Comrnbslon Expl?es Mar 14, 201 iNew*iope, rA Attorney ID No (215) 862-4390 KRZYWICKI & ASSOCIATES t;b L.U i "U y • rl I a r-I -3 • delivery M V, NT r CD Postage $ ? M401 \ L 1J 4 B 0 ? Certified Fee ?p CI C) Retum Receipt Fee (Endorsement Required) • 24 ark re Restricted Delivery Fee (Endorsement Required) #?. V? r C3 Total Postage & Fees $ P S /26/2009 M `? Sent To r ? -( C? ----- ----------- - -- S hcn o C3 er, apt. No.: --------------------- (J-- y? C.. .t or snePO Box No. "`-I? alri JJ?' L? 1 ) . . Gry State Z/P 4 , , r , -) ( o ) r i/4 Q 1^7-16 ¦ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 'T. Article Addressed to: Mr. IU a I Ct??n? she n 2DLq 6-ic " st-eat, Pp? P Sc r) 6n- k-) 0 , CO- "71Tt b x <6?4 ° ` B. Received by (Printed AWM) C. gate of Delivery D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: 0 No 3. service Type O Certified mail 0 Express mail O Registered 0 Retum Receipt for MercharMiss 0 insured mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7 007 3 0.2 0 0001''55851 8171 (Transfer from Jam). PS Form 3811, February 2004 Domestic Return Receipt t o25WM ?L C { +/ CD EMCC, INC., Plaintiff V. SCARLET RAILING, . Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 2009 -1098 NOTICE TO PLEAD TO: EMCC, INC, and its attorney, David J. Apothaker, Esquire Apothaker & Associates 520 Fellowship Road C306 Mount Laurel, NJ 08054 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED ANSWER TO COMPLAINT WITH NEW MATTER AND COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. IRWIN & McKNIGHT, P.C. By: Marcu A. McRaight, III, Esquire 60 Wes Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court ID. No. 25476 Attorney for Defendant Scarlet Railing Date: May 15, 2009 EMCC, INC., Plaintiff V. SCARLET RAILING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 2009 -1098 ANSWER WITH NEW MATTER AND COUNTERCLAIM AND NOW comes the Defendant, SCARLET RAILING, by and through her attorneys, Irwin & McKnight, P.C., and makes the following Answer With New Matter and Counterclaim against the Plaintiff, EMCC, INC., as follows: 1. The averments of fact contained in Paragraph One (1) of the Complaint are admitted. 2. The averments of fact contained in Paragraph Two (2) of the Complaint are admitted. 3. The averments of fact contained in Paragraph Three (3) of the Complaint are specifically denied. On the contrary, the Complaint does not contain any notice of assignment and the Plaintiff has not stated how and when it assumed the Bon Ton credit account. 4. The averments of fact contained in Paragraph Four (4) of the Complaint are beyond the information and knowledge available to the Defendant. They are therefore denied and proof thereof is demanded. 5. The averments of fact contained in Paragraph Five (5) of the Complaint are specifically denied. On the contrary, the Defendant has been unable to make regular payments due to the excessive charges which have been placed on the account by the Plaintiff. 2 6. The averments of fact contained in Paragraph Six (6) of the Complaint are specifically denied. On the contrary, the Defendant does not believe the payments have been properly credited to the account. The averments of fact are denied and proof thereof is demanded. 7. The averments of fact contained in Paragraph Seven (7) of the Complaint are specifically denied. On the contrary, the interest and penalties assessed on the account have been excessive and the Defendant has been unable to pay. 8. The averments of fact contained in Paragraph Eight (8) of the Complaint are specifically denied. On the contrary, the Defendant never agreed to pay the attorney fees of the Plaintiff where excessive charges have been added to her account. WHEREFORE, Defendant, Scarlet Railing, requests that this Honorable Court dismiss the Complaint of the Plaintiff. NEW MATTER WITH COUNTERCLAIM AND NOW comes the Defendant, SCARLET RAILING, by and through her attorneys, Irwin & McKnight, P.C., and makes the following New Matter with Counterclaim against the Plaintiff, EMCC, INC. 9. The averments of fact contained in the Answers to the Complaint paragraphs One (1) through Eight (8) are incorporated by reference and are made a part of this New Matter. 10. The Plaintiff has added interest and penalty charges to the original creditor, BON TON, credit card #2116041014803911, which violates the laws of the United States as well as the Commonwealth of Pennsylvania. The Defendant is entitled to damages and her reasonable attorney fees. 3 11. The Plaintiff, though its employees and it agents, have violated state and federal statutes by contacting the Defendant at her place of employment, thereby jeopardizing her employment. 12. The Defendant, Scarlet Railing, seeks damages against the Plaintiff for the harassment they have used to collect on its charge account as an offset to the amount sought by the Plaintiff. 13 The Plaintiff has failed to offer proof of the assignment of the account to it. WHEREFORE, Defendant, Scarlet Railing, requests that this Honorable Court dismiss the Complaint of the Plaintiff and assess damages against the Plaintiff in the amount less than Fifty Thousand and no/100 ($50,000.00) Dollars with costs and reasonable legal fees. Respectfully submitted, By: Date: May 15, 2009 IRWIN & McYJOGHT, P.C. Marcus A. McKnigBI;M, Esquire Supreme Court I.D. #25476 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for the Defendant 4 VERIFICATION The foregoing document is based upon information which has been gathered by counsel for the petitioner in the preparation of this document. To the extent that the document is based upon information which has been gathered by counsel, it is true and correct to the best of the counsel's knowledge, information and belief. The undersigned is verifying on behalf of the petitioner according to 42 Pa.C.S.A. § 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: May 15, 2009 EMCC, INC., . Plaintiff V. SCARLET RAILING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 2009 -1098 CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: David J. Apothaker, Esquire Apothaker & Associates 520 Fellowship Road C306 Mount Laurel, NJ 08054 IRWIN & McKNI )IT, P.C. By: Marcus A. NjkKnig?t, II s 60 West Po et Stre Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: May 15, 2009 t?F THE F2009 AY 15 F H 2: '_ 2 Our file No.: 184915 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney hD.# 55140 520`Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff EMCC, INC Plaintiff, VS. SCARLET RAILING Defendant. Civil Action ANSWER TO NEW MATTER AND COUNTERCLAIM Plaintiff, EMCC, INC, by and through their attorney, answers the following New Matter and Counterclaim: 9. No responsive pleading required. 10. Denied. Plaintiff has not added any interest or penalties which violate of the laws of the United States and/or the Commonwealth of Pennsylvania. 11. Denied. Plaintiff has not contacted the defendant at her place of employment. 12. No responsive pleading required. To the extent that an answer is necessary, plaintiff has not COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO.: 09-1098 harassed the defendant. WHEREFORE, Plaintiff demands that Defendant's New Matter and Counterclaim be dismissed. APOTHAKER & ASSOCIATES, P.C. Attorneys for Plaintiff A Law Firm Engaged, in Debt Collection Scian, Esquire DATED: June 3, 2009 VERIFICATION Kimberly F. Scian, Esquire hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Answer to New Matter and Counterclaim are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. kimberly Scian, Esquire Attorney or Plaintiff DATE: 6/3/2009 Our file No.: 184915 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.# 55140 52Y Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff EMCC, INC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, VS. SCARLET RAILING Defendant. DOCKET NO.: 09-1098 Civil Action CERTIFICATION OF SERVICE I, Kimberly F. Scian, Esquire, attorney for Plaintiff, certify that on 6/3/2009, I mailed a copy of the Answer to New Matter and Counterclaim by Regular mail to MARCUS A MCKNIGHT III, ESQUIRE 60 WEST POMFRET STREET CARLISLE, PA 17013 Kimb?rl F. Scian, Esquire Attorn for Plaintiff Date: 6/3/2009 FILED-)1 .--CE OF RIE" KOTARY 2009 JUN -8 pm G: 18 GJ?'c v`VtYly, dr.dl V`77L? Ph; r}; atr{ Our File No.: 184915 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EMCC, INC Plaintiff vs. SCARLET RAILING Defendant NO 09-1098 Civil Action PRAECIPE FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: c rnca rn 4 rn CAr- " mr a° xc) 0 me -C ''ern :z co CD Kimberly F. Scian, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue 2. The claim of Plaintiff in the action is $2498.85. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: For Defendant For Plaintiff ATTN: MR. MARCUS A MCKNIGHT III ESQ Kimberly F. Scian, Esquire 60 WEST POMFRET ST 520 Fellowship Road C306 CARLISLE, PA 17013 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. -gip a ,jo,'1$t0s Respectfully Subin 00 n November 16, 2010 /KithVrly F. Scian, ORDER OF COURT AND NOW, , 20_, in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action as prayed for. By the Court, Our File No.: 184915 EMCC, INC ) Plaintiff ) vs. ) ) SCARLET RAILING ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-1098 Civil Action PRAECIPE FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: C'3 C MW xrn z? Wr- ar ?, C --a r3 r1 C= "? i o Z '?'c=- V-4 o x' ?`rE s ? corn ? =z? ?x? Kimberly F. Scian, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue 2. The claim of Plaintiff in the action is $2498.85. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: For Defendant ATTN: MR. MARCUS A MCKNIGHT III ESQ 60 WEST POMFRET ST CARLISLE, PA 17013 For Plaintiff Kimberly F. Scian, Esquire 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800)672-0215 Attorney for Plaintiff WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. a? ,,, Respectfully Submj „? o a -'?%s ? R November 16, 2010 m `/? /Ki rly F. Scian, Esqui ORDER OF COURT AND NOW,/yn l,? ??? 20r 6 , in consideration of the foregoing petition, Esq., and J Esq., and Esq., ar appointed arbitrators in the above captioned action as prayed for. ?d,C) i i caC ?- c? By the Court, "4' i M T' i' '? ('^i O Tj < --rte f J ? -a Our file No.: 184915 Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff EMCC, INC Plaintiff, VS. SCARLET RAILING 7nr r FEB r ? ?? 3: ?? ?U?gER?AWQ CQQ??Y PExNSY?V?ti1 A COURT OF COMMONS PLEAS CUMBERLAND COUNTY DOCKET NO.: 09-1098 Civil Action STIPULATION IN LIEU OF JUDGMENT Defendant. The matters and things in controversy having been discussed by and between the parties, and a settlement having been agreed upon: It is on January 19, 2011, STIPULATED by and between EMCC, INC ("Plaintiff") and SCARLET RAILING ("Defendant"), as follows: 1. Plaintiff filed suit in the above captioned matter seeking damages in the amount of $2,498.85. 2. Defendant agrees to pay to Plaintiff the sum of $2,498.85, which sum Plaintiff agrees to accept in full settlement of its claim herein. 3. As of this date, payments totaling $0.00 have been applied to the aforementioned sum. 4. Defendant shall remit payment(s) in the following manner: a. $25.00 to be paid on or before the 151 day of each month, beginning February 1, 2011 until paid in full. 5. All checks shall be made payable to "EMCC, INC", and sent to the office of Plaintiff's attorney, Apothaker & Associates, P.C., located at the following address: Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 1 6. In the event Defendant fails to pay in accordance with the terms set forth in this Stipulation Plaintiff must notify Defendant's attorney(s), in writing, of Defendant's default. The name and address of Defendant's attorney(s) that notice will be sent to is: MARCUS A. MCKNIGHT III, ESQUIRE LAW OFFICES OF IRWIN & MCKNIGHT, P.C. 60 WEST POMFRET ST CARLISLE, PA 17013 7. If the default is not cured within fifteen (15) days after written notice to Defendant's attorney(s), then Plaintiff shall be entitled to obtain the entry of Judgment against Defendant upon ex parte application, with supporting certification, and with notice to Defendant's attorney in the form of a copy of the application addressed to Defendant's attorney, by first-class, postage prepaid, in the suit amount specified in paragraph one (1) of this stipulation less any sums paid pursuant to this Stipulation. We hereby consent to the form and entry of the within Stipulation. By: faro, Esquire 307949 ?thaker & Associates, P.C. Attorneys for Plaintiff MARCUYA. M jKN G T SQUIRE LAW OFFIC S OF I , IN & MCKNIGHT, P.C. f ,f By: _ ` SCARLET RAILING Defendant 2 EMCC, INC., Plaintiff V. SCARLET RAINING Defendant d IN THE COURT OF COMMON PLEAS THE NINTH JUDICIAL DISTRICT NO. 2009-1098 CIVIL TERM IN RE: MOTION TO AMEND CAPTION RULE TO SHOW CAUSE AND NOW, this 23rd day of July 2012, upon consideration of Plaintiff's Motion to Amend Caption a rule to show cause is issued upon Defen show cause, if any, why the relief requested by Plaintiff should not be granted. RULE RETURNABLE within twenty days from the date of service. BY THE COURT Thoma Distribution List: Benjamin J. Cavallaro, Esq. 520 Fellowship Road, C306 Mount Laurel, NJ 08054 Marcus A. McKnight, Esq. 60 West Pomfret Street Carlisle, PA 17013 ?p'ce,5 Mailed 71.-L3/, a C.P.J. rT-IW ?- -rpm w c the to i ? Our File No.: 184915 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel. NJ 08054 (800) 672-0215 Attorneys for Plaintiff EMCC. 1NC vs. Plaintiff SCARLET RAILING Defendant Civil Action MOTION TO MAKE RULE ABSOLUTE 1. Plaintiff filed a Motion to Amend Caption on July 16, 2012. 2. The rule returnable date for said petition was August 13, 2012. 3. The Court served the petition and corresponding rule to show cause on defendant/defense counsel on July 23. 2012 by mail. 4. To date, no response has been filed by defendant. 2013 JAN 28 PH 3: 4 ,,Et"I 'S YI'a A ilf COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-1098 5. Plaintiff requests that this Court enter an Order making the Rule Absolute. WHEREFORE, Plaintiff, EMCC, INC, respectfully requests this Honorable Court enter an Order making the Rule Absolute. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm EnQwed in Debt Collection BY: ?--- Benja , i J. Cava aro, Esquire Our File No.: 184915 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff EMCC, INC ) Plaintiff ) vs. ) SCARLET RAILING ) Defendant ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.: 09-1098 Civil Action CERTIFICATION OF SERVICE I, Benjamin J. Cavallaro, Esquire, attorney for Plaintiff, certify that on January 23, 2013. 1 caused to be served a copy of Plaintiffs Order and Motion to Make Rule Absolute by mail on: MARCUS MCKNIGHT III, Esquire 60 WEST POMFRET ST CARLISLE.. PA 17013 APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Lai.- Firm Env-aped in Debt Collection BY: _ Benj Esquire 10LL OF SALE Crown Asset Managtme nt, Li,C.("Seller") for value received and pursuant to, the terms and conditions of Account Purchase Agreameht ("Agreetoent ), dated as of December 2:1, 201 f, bct-?veen ScSIP-r and Midland Funding LLG does hereby self, assign and convey to Buver? its suczesao.r and assigns, all right title and intetest of Sell-r in and to. -ihose Accounts described iii the Agreeitent in t14e Final Aecottnts File; wif.hout recourse and without representations of or warr-arty of, collectability; or otherwise, except to the extent provided for withil . the_Agreernent_ For the purpose of-this .B:il.I'of Sale, thc- Final :Accounts Fite date shall be Decetrtbei°22, 201 1. Unless oth'ervvise defined herei-n; all capitalized terms appearing in this Bill of Sale shall have the meanings defined for such tPruns la the Agree?2ien _ Seiler represen[S and ,va - ants that to Seller', -knw;vledge> al,'; of :l-e inronn?i?on contained in tllc Dltc Diligence A_UoDurtts bite, Che Ch in of Title J-- 16 and the Final Accounts File fcolicrtivrt,r "Seller`s A- -Icoullt I_uc)rniati(4t_r')- (a) constitutes Seller's oven- business records LEir ?fil ': CC FlI11s, tU CCl l GI d"h' uI1 duhc-- rat, colt CL l 3I17i; of all Dr1g1r13I l ld,t: end 1't-evic us Sellers regarding the Accounts 4V'hich Seller reified ul prI it d t?corpo.rated ii to its btlsintss records re ardith the Accounts, and (b)- accuratcl}t ceilecF... In -a1I rn-aterial respects the in ffi rtauoti in Seller's database- The Account irrforniatiori if Sell i <> A;:cou it Information Wa > kept in the rogular course of Seller-_s btisimt ss_- The Account infomiatuxt in SDller'S Account Information was made or -compiled at or gear -the time of the event and recorded by for from irtforlYtation ti-ansrnitted by a person (i) with knowledge of the data entered into and..maintairred in Sell.ei•'s database, or (1 who caused the data.-to be -tittered into -and -m,aintaiued in Seder's database- It: is the regular practice of Seller's business to maintain and coiitpile _su61 data. To the best of Seller's knowledge-and belief, it was also the rtg hr practi-e o;Fttze E7rigiii;al I enders. and PreviaUs Sel lerS tQ maintain and compile such data. EXECUTED this .2gh day of Deteiriber- 2011. CROWN ASSET ?MAANAAaElV ENT, LLC .By: Ziffliams. Briars CEO MIIDLAIN FUND LLC By: ILI - Name J1 ran on Black Title: F' ess_derit Approved by Legal Our File No.: 184915 Apothaker Scian P.C. By: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road Suite C306, PO Box 5496 Mt. Laurel, NJ 08054-5496 (800) 672-0215 Attorneys for Plaintiff FORTIS CAPITAL IV, LLC Plaintiff, vs. SCARLET RAILING Defendant. CC Hal/di/1k � 2014 JUL 16 p 2 CUMBERLAND U��1 p 01 PfMrrS j q N©uy COUNTY JA ) COURT OF COMMON PLEAS ) CUMBERLAND COUNTY ) ) ) ) NO. 09-1098 ) ) ) ) PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. Apot Atto A Law Firm By: ke Scian P.C. eys or Plaintiff gag -d in Debt Collection David J. Apothaker, Esquire * Q 1 8 4 9 1 u i io A