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HomeMy WebLinkAbout09-2615• - - COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of CUMBERLAND NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. Oq- A(p15 0. iV11 -1trot NOTICE OF APPEAL Fled y/a7 Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST. NO. NAME OF MDJ FIRST NATIONAL BANK OF OMAHA 09-1-01 CHARLES A. CLEMENT. JR. ADDRESS OF APPELLANT CITY STATE ZIP CODE CO AMATO ITE DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant) 4/16/09 FIRST NATIONAL BANK OF 0 HA V CHRI TI ZY T DOCKET No. SIGNATURE OFF APPELLANT OR ORNEY OR AGENT CV-100-09 l This block will be signed ONLY when this notation is required under Pa. R.C.P.D. J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. was before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To Name of appellee(s) appellee(s) OWNER (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date _ , 20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 COURT FILE TO BE FILED WITH PROTHONOTARY This Proof of service MUST. ° N 7L . (1) c-1 ?3 AFTER fi _P. Check app , COMMONWEALTH F PENNSYLVANIA COUNTY O AFFIDAVIT: hereby swear or affirm that i served 0 a copy of the Notice of Appeal, Gammon Pleas No.. upon the Magisterial District Judge designated therein on (date of service) _ Lo_, -[] by personal service n by (certified) (registered) rail, sender's re. 'tach er"to, and upon'fi " ?e, on L -1 by person ; service 0 by (certified) (registerec; sender's receipt attached hereto. S OR: a ,"'" ED) AND SUBSCRIBED BEFLIV ME THIS _ DAY OF __ 4i9r rr My cc r?. _s:?n exwires on 08.EO.°L° 9Z 0 Rd L Z 8dV 60OZ 3az AOPC 312A-Q5 Signature of affiant e r9 COMMONWEALTH OF PENNSYLVANIA ,-ni IAITV nc- CWMZRfJM Mag. Dist. No.: a9-1-oi MDJ Name: Hon. CHARL=S A. CLIiIL I r a7R Address: 400 91IDOE ST OLDS TOMZS CON[ORS -SUZTZ 3 MIX C - ZRidM, PA Te4owne: (717) 774-5989 17070 ATTORHZY FOR PLAINTIFF : AMATO AM ASSOCIATZS PC/#2084272 MICHAn LMOA 107 lOORTE COMMMCZ KLY 9ZT8LZZZM, PA 18017 ???a?? DAL NOTICE OFCJIVL CASE /TRANSCRIPT PLAINTIFF: NAME and ADDRESS rF- XRST NATIONAL RAW OF OMAZA 107 S COMKZRCZ 'MAY AMATO & ASSOC P.C. L!zT9L8=, PA 18017 J Vs. DEFENDANT: NAME and ADDRESS rZYQI[M, CMXBTIN 16 8ZLLMORZ ROAD CAM HILL, PA 17011 L J Docket No.: CV-0000100-09 Date Filed: 2/18/09 THIS IS TO NOTIFY YOU THAT: Judgment: FOR D=!lUDANT (Date of Judgment) © Judgment was entered for: (Name) ZYOILUNT, CHRISTIM 4/16/09. © Judgment was entered against: (Names) FIRST NATIONAL BANK OF ON=& in the amount of $ n Defendants are jointly and severally liable. EJ Damages will be assessed on Date & Time This case dismissed without prejudice. 0 Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Q Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ .00 W Judgment Costs i - Interest on Judgment $ $-? Attorney Fees Total $ .00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL 30 AFTER THE ENTRY OF OF APPEAL WITH THE PROTHONOTARYICLERKHOF HEACOURT OF COMMON PLEAS, CIVIL DIVISION. YOU NOTICE MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTfrRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY HE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. _ 16 2019 Date Magisterial District Ju I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , Magisterial District Judge My commission expires first Monday of January, 2014 SEAL AOPC 315-07 DATZ PRINTEDs 4/16/09 3:01:00 PM 09--2615 11, 30UY-RISTIN C)q COMMONWEALTH OF 7N SYLVANIA Notarial S6W Michelle C. Bright, Notary public Cily Of Allwkm n, Lehigh Coutty My Commission E)ires Jute 16, 2010 Member, Pennsylvania Association of Notaries 9 ?f u L L .1....?. 7185 9704 3350 0003 0773 Postage $ Certified Fee Postmark el) 711 P A 76 ere Return Receipt Fee Q (Endorsement Required) N Restricted Delivery Fee Q Q (Endorsement Required) Total Postage & Fees _ ?/ .one Sent To Honorable Charles A. Clement, Jr. Street Apt. No.; isterial District Court 09-1-01 Ma or PO Box No. g $t #$ 0 Bridge City, State, Zip+4 - , r 0 7185 81704 3350 0003 0766 Postage $ Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To oor Street, PO Box tNo No.,Christin Zygmunt City state, Zip+4 16 Bellmore Road ?Q Y P? ? ?ere ? fV ti ?®Q9 ?? U SQCj OF TLHILE?SD--0 )? -!?F 1 to PPfD .'f7 f?a Ally 2009 MAY -7 PM f2: 4 5 r _tb COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIRST NATIONAL BANK OF OMAHA Plaintiff No. 09-2615 VS. CHRISTIN ZYGMUNT CIVIL ACTION Defendant(s) ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Plaintiff, FIRST NATIONAL BANK OF OMAHA, in the above-captioned matter. AMATO AND SSOCIATES, P.C. By: Ronald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM Dated: May 11, 2009 Fit FD-,CDli iWG. OF THE ? HONOTAPY 2009 MAY 14 A 11 : 5 1 ININ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIRST NATIONAL BANK OF OMAHA Plaintiff VS. CHRISTIN ZYGMUNT Defendant(s) : No. 09-2615 : CIVIL ACTION 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 AMATO ASSOCIATES, P.C. By Ronald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID 488617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIRST NATIONAL BANK OF OMAHA Plaintiff : No. 09-2615 VS. CHRISTIN ZYGMUNT CIVIL ACTION Defendant(s) COMPLAINT The above Plaintiff brings this action against the above Defendant to recover the sum of $4,306.80, with interest thereon as hereinafter stated, upon the following cause of action: 1. Plaintiff, FIRST NATIONAL BANK OF OMAHA, is located at P.O. Box 2557, Omaha, NE 68103. 2. Defendant, CHRISTIN ZYGMUNT, is an adult individual located at 16 Bellmore Road, Camp Hill, PA 17011. COUNTI Breach of Contract 3. Plaintiff, at Defendant's request, issued to Defendant its Visa credit card. 4. Defendant received and accepted said credit card pursuant to the terms and conditions attached hereto, made part hereof and marked Exhibit "A." 5. Thereafter, Defendant made various purchases and/or cash advances, in which transactions Defendant made use of said credit card. 6. A total amount which became due as a result thereof, after allowance for all proper credits for payments and/or adjustments, if any, was $3,980.32, as set forth in monthly billing statements issued by Plaintiff to Defendant in connection with Defendant's use of said credit card, true and correct copies of which are attached hereto, made part hereof and collectively marked Exhibit "B." 7. Pursuant to the aforementioned terms and conditions, Defendant agreed to make timely monthly payments to Plaintiff in repayment of all sums charged to said credit card by virtue of Defendant's use of said credit card. 8. Defendant has not adhered to the agreed repayment obligations set forth in the terms and conditions, by reason of which Defendant is in default thereof. 9. Plaintiff is entitled to receive interest on the above amount determined by applying the agreed interest rate of 13.99% per annum to the past due balance, which, as of May 11, 2009, totals $326.48. 10. Plaintiff is entitled to have the interest charge continue to accrue as set forth above, from May 11, 2009 on down to the date of judgment in this matter. 11. Plaintiff has made demand against Defendant for the aforesaid sum, but Defendant has failed or refused to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against Defendant for $4,306.80 together with the continually accruing interest charge at the agreed rate of 13.99% per annum from May 11, 2009, costs of suit and all other relief to which Plaintiff may be justly entitled. COUNT II Alternative to Count I - Unjust Enrichment 12. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 13. At Defendant's request, Plaintiff conferred a benefit upon Defendant by providing the credit card services described in the exhibits attached hereto. 14. Defendant received and accepted the benefit of said services provided by Plaintiff. 15. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid services to Defendant and that Plaintiff expected to be paid for such. 16. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide said services and to incur damages. 17. At all times material hereto, Defendant was unjustly enriched by retaining the benefit of receiving said services without paying Plaintiff fair and reasonable compensation. 18. Allowing Defendant to retain the benefit of said services without paying fair compensation would be unjust. 19. By reason of the aforesaid unjust enrichment of Defendant at Plaintiffs expense, an implied contract exists between Plaintiff and Defendant and Defendant is obligated to pay Plaintiff the quantum meruit value of the services described in the exhibits attached hereto in the amount of $3,980.32. WHEREFORE, Plaintiff demands judgment against Defendant for $3,980.32 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from May 11, 2009, costs of suit and all other relief to which Plaintiff may be entitled. AMA TO SSO TES, P.C. By: Ronald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM 03/11/2009 09:30 6108669155 AMATO AND ASSOCIATES PAGE 03/03 VERIFICATION CUAereby states that he/she is the G S O r- ?1 ? Drna,? of I y i Plaintiff in this action, and verifies that the statements made in the attached document are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unswom falsification to authorities. r" t / ?a It C. k :x a?yqX a^?a?Fi,'w°g3a 'r3 ,?s G ,2 s5? T F? G T c 7 S G L few 3D S A a TO_?g u 5$F ;uri?wym$o v `$?rue .£??O a4„S¢ 7w "r?'°?S^'ac 33 ?ir?EA ??i.8o o1e? S ?S E? Him; Dn?aZ?Oa'-'?'Sv GYQi.a•6 ??g? ?+,L ae]Cj? 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V-?9 c° s= c FBCUB16 Minimum Billed Periodic Rau FINANCE CHARGE 51.75 Balance Transfer Fee FINANCE CHARG a ( qo 6, Cash Advance Fee FINANCE CHARGE the greater of $15 or 3% of the transaction cash Advance Fee FINANCE CHARGE For Cash Equivalent Transactions the greater of $15 or 5% of the transaction Annual Fee Late Fees If New Balance Is less than $500: $35.00 N Now Balance is at to or greater than 5500: $30.00 Ovadirrdt Fee 535.00 Clack Dishonored Fee - 535.00 Stop Payment Fee 535.00 Sales Draft Co Fee $5.00 Additional or R arxmenl Card Fee $10.00 Coft of a Suument Fee $3.00 ATM Surcharge Fee $2.50 Proprietary ATM Service Charlie Fee $2.50 Foreign Transaction Fee FINANCE CHARGE 3% of the amount of the foreign transaction (alter conversion to U.S. Dollars) The Basic Minimum Payment shall be the LARGEST of (1), (2), or (3) listed below PLUS any amount that is past due on your account 1 Your total New Balance IF It Is LESS THAN S70; 2 The GREATER of a. 2% of the entire New Balance; or b. 510; OR 3 The SUM of a. Your anent cycle fees and finance charges; PLUS b. 1% o/the entire Now Balance; MINUS ' L Any amount in dispute; MINUS . 1. Your arrant cycle fees and finance charges If your account is overOndt, we will add to the allic nMinIMU M Pa the amount necessary to reduce our balance to your approved credit fimiL PENALTY RATES A variable daily periodic rate which is 11W5ih (1/365th in a leap year) of an ANNUAL PERCENTAGE RATE equal to the Index us a Margin of to 26.506 INDEX and when it is determined The Index is the highest one-month London Interbank Offered Rate (LIBOR) as quoted in The Wait Street Journal on any day during the 90 days Immediately preceding the last day of each calendar month (the determination date) and will become effective on the first day of your billing ' de beginning after the determination date. This Rates and Terms Schedule ("Schedule") together with the accompanying Cardmember Agreement govern your account with First Bankcard (a division of First National Bank of Omaha) and are referred to collectively throughout this document as the "Agreement". r Thank You For Your Business Rrst National Bank Onwho VISA First National Bank Omaha P.O. Box 2557 Omaha, NE 68103-2557 B 000000 CHRISTIN ZYGMUNT 16 BELLMORE RD CAMP HILL PA 17011-7901 Account Number. 4418 4092 8900 0615 Page 001 of D01 Payment Due Date: October 8, 2008 New Balance: $3,805.82 Minimum Payment Due: $761.00 Make arars papble to 0 First National Bank Amount Endowed Change of Address? Please check box and complete reverse side. 4418409289000615 0000000076100 0000000380582 PLEASE DETACH HERE AND RETURN TOP PORTION WITH YOUR PAYMENT Platinum Edition 0 visa Account Number. 4418 4092 8900 D615 Payment Due Account Summary Credit Line Statement Closing Date 09-18-08 Previous Balance S 3,723.79 Total Crad t Limit $ 4,200.00 Days in Billing Cycle 30 Payments and Credits -$ 0.00 Cash Limit t $ 2,100.00 Payment Due Date 10-08-08 New Transactions +S 39.00 Available Credit S 0.00 Amount Past Due $ 642.00 Tar treed Available Cash $ 0.00 Minimum Payment Dire S 761.00 FINANCE CHARGES +S 43.03 New Balance $ 3,805.82 Important Information Reaardino Your Account We have told a credit bureau about a late payment, missed payment or other default on your account This information may be reflected in your credit report. Need Help? Online Access www.firstnadonal.com Customer service___ Balance Transfer Fbtilns Too Tel.ownmuN .$- Device rer m. D.ar --- - - --- --- ---- TRANSACTIONS Purchase Post Cradtls (CR) Date Dab Reference Number Merchant Name !Transaction Description and Debits 9-09 9-18 74418405262WO252052000 LATE FEE $39.00 Charge Summary Corresponding Annual ANNUAL PER GE Average Deny Balance Pertoific Rate Percentage Rata Purchases $ 214.82 0.0382% 13.990% 13.99% Cash Advance $ 0.00 0.0580% 21.220% 0.00% Jun07 BT Special $ 3,542.66 0.0382% 13.990% 13.99% Billed Periodic Rate FINANCE CHARGES $43.03 Issued by First National Bank of Omaha Sea reverse for additional Information. EXHIBIT Rrst Notional Bank Omaha 049784 CHRISTIN ZYGMUNT 16 BELLMORE RD CAMP HILL PA 17011-7901 VISA First National Bank Omaha P.O. Box 2557 Omaha, NE 68103-2557 Account Number: 4418 4092 8900 0615 Page 001 of 001 Payment Due Date: September 8, 2008 New Balance: $3,723.79 Minimum Payment Due: $642.00 Make dnacks payable to O First National Bank Omaha Amount Enclosed IK ?r" Change of Address? Please check box and complete reverse side. 4418404289000615 0000000064200 0000000372379 PLEASE DETACH HERE AND RETURN TOP PORTION WITH YOUR PAYMENT Platinum Edition ®Yiss Account Number. 4418 4092 8900 0615 Payment Due Account Summary Credit Line Statement Closing Dale 08-19-08 Previous Balance $ 3,639.89 Total Credit Limit $ 4,200.00 Days In Billing Cycle 32 Payments and Credits - $ 0.00 Cash Limit t $ 2,100.00 Payment Due Date 09-08-08 New Transactions +$ 39.00 Available Credit $ 0.00 Amount Past Due $ $22.00 Tow Sued Available Cash $ O.Do Minimum Payment Due $ 642.00 FINANCE CHARGES +$ 44.90 New Balance $ 3,723.79 Important Information Regarding Your Account We have told a credit bureau about a late payment, missed payment or other default on your account. This information may be reflected In your credit report. eStatements mean less paper less hassle. Check your credit card account statement online anytime, anywhere with eStatements. It's FREE, instant, and provides secure access to up to 7 years of past statements. Simply log on to firstnadonal.com and go to Account Services tab for more information on how to enrol today) Need Help? On6neAccess www.firstnaflonal.com CUSIDITW S_OMes Balance Transfer Hodlns TOO Teleeetmamkassns Davice for the Dear rurcnas9 cost Credits (CR) Date Date Reference Number Merchant Name I Transaction Description and Debits "0 8-18 74415406232000232052000 LATE FEE $38.00 Charge Summary Dal e R PER GE Averege Dally Balance Period ic Rate Per entag te RATE Purchases $ 175.17 0.0382% 13.990% 13.99% Cash Advance $ 0.00 0.0584% 21.390% 0.00% Jun07 BT Special $ 3,500.99 0.0382% 13.990% 13.99% Billed Periodic Rate FINANCE CHARGES $44.90 Additional Information Reaardina Your Account REMINDER: Please be sure to make payments on time to avoid any late fees or other disruptions to your account. You can make fast and easy payments online at the web address listed on your statement. You can pay your credit card bill online anytime day or night at wwwArstnational.eom. It's fast, safe and completely secure. Issued by First National Bank of Omaha See reverse for additional information. 1?is Even small changes can make a big impact. LL ciStatements from First National Bank free. mean lesspaper .-less hassle. Receive ou to ent e. Anywhere, anytime. Get sta d s eps: 1. Log o e o11 a i0 corn 2. Go to 0 c 3. Select Sign Up for eStatements. 4. Choose the accounts you want to jjn? Account Number. 4418 4092 8900 0615 Page 001 of 001 Payment Due Date: August 7, 2008 VISA New Balance: $3,639.89 first National Bank Minimum Payment Due: $522.00 Omaha Make dodo Payable to First National Bank Omaha 0 ? National Bank Amount Endowed P.O.Box2567 Omaha, NE 68103-2557 5'.; . . 046545 . . . .. CHRISTIN ZYGMUNT Change of Address? Please. 16 BELLMORE RD check box and complete reverse side. CAMP HILL PA 17011-7901 4418409289000615 0000000052200 0000000363989 PLEASE DETACH HERE AND RETURN TOP PORTION WITH YOUR PAYMENT Platinum Edition tD Visa Account Number. 4418 4092 8900 0615 Payment Due Account Summary Credit Line Statement Closing Date 07-18.08 Previous Balance $ 3,559.74 Total Credit Limit $ 4,200.00 Days in Biding Cycle 30 Payments and Credits - $ 0.00 Cash Limit t $ 2,100.00 Payment Due Date o8-07-Do New Transactions +3 39.00 Available Credit $ 0100 Amount Past Due $ 407.00 Tar aaad Available Cash $ 0.00 Minimum Payment Due $ 522.00 FINANCE CHARGES +$ 41.15 New Balance $ 3,639.89 Important Information Regardina Your Account We have told a credit bureau about a late payment, missed payment or other default on your account This Information may be reflected in your credit report. eStatements mean less paper less hassle. Check your credit card account statement online anytime, anywhere with eStalements. It's FREE, Instant. and provides secure access to up to 7 years of past statements. Simply leg on to firstnalional.com and go to Account Services tab for more information on how to enrblt today! Online Access www.firstnaflonal.com Need Help? Customer Service Balance Transfer Hatiins Too T.W00m ,udaamn Device ar the Dear Data Data Reference Number Merchant Name! Transaction Description and Debits e Summar Char Daly Annual Coaesponding PE RENGE y g Average Daily Balance Periodic Rata Percentage Rate RA Purchases N 3 132.74 0.0382% 13.990% 13.99% Cash Advance I N 3 0.00 0.0590% 21.610% 0.D0% Jun07 BT Special N 3 3,459.78 0.0382% 13.990% 13.99% Billed Periodic Rate FINANCE CHARGES $41.15 Additional Information Regarding Your Account You can pay your credit card bill online anytime day or night at www.firstnaUonal.com. It's fast, safe and completely secure. Issued by First National Bank of Omaha Sae reverse for additional Information. }c Even small changes can make a big impact. u?7 eStatements from First National Bank mean less paper ,.. less hassle. Receive 0 to ' e. Anywhere, anytime. Get sta d eps: 1. Logo ye 'o cons An l 2. Go to ou 3. Select Sign Up for eStatements. 4. Choose the accounts you want to rj 1\ i Rrst Naftonal Bank Omaha 048322 CHRISTIN ZYGMUNT 16 BELLMORE RD CAMP HILL PA 17011-7901 VISA First National Bank Omaha P.O. Box 2557 Omaha, NE 68103-2557 Account Number. 4418 4092 8900 0615 Page 001 of 001 Payment Due Date: July 8, 2008 New Balance: $3,559.74 Minimum Payment Due: $407.00 Make thee. psyahle to O First National Bank Ortuha Amount Enclosed . 202 Change of Address? Please check box and complete reverse side. 4418409289000615 0000000040700 0000000355974 PLEASE DETACH MERE AND RETURN TOP PORTION WITH YOUR PAYMENT Platinum Edition ® via Account Number. 4418 4092 8900 0615 Payment Due Account Summary Credit Line Statement Closing Date oB-18-08 Previous Balance $ 3,480.51 Total Credit Limit $ 4,200.00 Days In Bi8k1g Cycle 30 Payments and Credits - $ 0.00 Cash limit t $ 2,100.00 Payment Due Dale 07-08-08 New Transactions +S 39.00 Available Credit $ 0.00 Amount Past Due $ 293.00 ToW need Available Cash $ 0.00 Minimum Payment Due $ 407.00 FINANCE CHARGES +$ 40.23 New Balance S 3,559.74 Important Information Reaardina Your Account We have told a credit bureau about a late payment, missed payment or other default on your account. This information may be reflected in your credit report. *Statements mean less paper lose hassle. Check your credit card account statement online anytime, anywhere with eStatements. It's FREE, instant. and provides secure access to up to 7 years of past statements. Simply log on to firstnafional.com and go to Account Services tab for more Information an how to enroll todayl Need Help? ordmeAccess www.firsinafonal.com CustanerSsrv"e Balance Hotfiria TD0Tskmn00Day" the Darr( Teti Fres 1-888-530.3626 Top Fras Free i-877-3-877-388--823 8231 TdlFres 1-800-925-2833 TRANSACTIONS Purchase Post Credits (CR) Date Date Reference Number Merchant Name / Transaction Description and Debits 6-09 6.16 -74418408170000170062000 LATE FEE $39.00 ding Co CE A Charge Summary Daily Annu PER NT GE Average Daffy Balance Periodic Rate Percentage Rate RATE Purchases N $ 92.48 0.0382% 13.990% 13.99% Cash Advance N $ 0.00 0.0595% 21.760% 0.00% Jun07 BT Special N $ 3,420.38 0.0382% 13.990% 13.99% Billed Periodic Rate FINANCE CHARGES $40.23 Additional Information Reaardina Your Account You can pay your credit card bill online anytime day or night at wwwArstnational.oom. It's fast, safe and completely secure. Issued by First National Bank of Omaha See reverse for additional information. Is Even small changes can make a big impact. t7 cStatements from First National Bank free. mean less paper ...less hassle. J Receive u statement 2 ;1. e. Anywhere, anytime. Get sta yd* s es: 1. Log11 a io com 2. Go tc 3. Select Sign Up for eStatements. 4. Choose the accounts you want to ).??1 Account Number. 4418 4092 8900 0615 Page 001 of 001 Payment Due Date: June 8, 2008 ???? New Balance: $3,480.51 First National Bank Minimum Payment Due: $293.00 Omoho MAO docks Payable to l B t N ti k Q Fi First National Bank Omaha a ona an rs Amount Endosed P.O. Box 2557 Omaha, NE 68103-2557 $1 1 048639 a ? - CHRISTINZYGMUNT ChanWAddressT Please 16 BELLMORE RD check box and complete reverse side. CAMP HILL PA 17011-7901 4418409289000615 0000000029300 0000000348051 PLEASE DETACH HERE AND RETURN TOP PORTION WITH YOUR PAYMENT Platinum Edition ® Visa Account Number. 4418 4092 8900 0615 Payment Due Account Summary Credit Line Statement Closing Date 05-19-08 Previous Balance $ 3,400.86 Total Credit Limit $ 4,200.00 Days In Billing Cycle 31 Payments and Credits - $ 0.00 Cash Limit t S 2,100.00 Payment Due Date 06-08-08 New Transactions +$ 39.00 Available Credit $ 0.00 Amount Past Due $ 180.00 Tow saw Available Cash $ 0.00 Minimum Payment Due $ 293.00 FINANCE CHARGES +$ 40.65 New Balance $ 3,480.51 Important Information Reaardina Your Account We have told a credit bureau about a late payment, missed payment or other default on your account. This Information may be reflected in your credit report. eStatements mean less paper less hassle. Check your credit card account statement online anytime, anywhere with eStatements. It's FREE, instant, and, provides secure access to up to 7 years of past statements. Simply log on to 8rstnational.com and go to Amount Services tab for more information on how to enroll today) INeedHelp? Online Access www.firsbmdonal.com Customer Service Balance Transfer Hoene Too T.I.-k.san. Dwio for Re -.0 TA Fn. 1-888-630-3626 TdrF.. 1-877-388-8231 T.NF.e 1-800.925-2833 TRANSACTIONS Purchase Post Credits (CR) Date Date Reference Number Merchant Name I TramaUron Description and Debits 5-09 5.19 744164061400D0140062000 LATE FEE $39.00 Conesponding Charge Summary Daily e PE S W, E Average Daily Balance Periodic Rate Percentag Rah A Purchases N $ 53.49 0.0382% 13.990% 13.99% Cash Advance I N $ 0.00 0.0631% 23.100% 0.00% Jun07 BT Spacial N $ 3,380.77 0.0362% 13.990% 13.99% Billed Periodic Rate FINANCE CHARGES $40.65 Additional Information Reaardina Your Account You can pay your credit card bill online anytime day or night at www.fir5tnauanal.com. It's fast, safe and completely secure. Issued by First National Bank of Omaha See reverse for additional information. lilt To Pay Your Monthly Bills H e you nsid a ng your recurring charges with your credit card - be it y to tub u Internet service fees, newsp insurance premiums, telephtales e. D Z-4 Automatic bill payment is an easy way to have your bills paid automatically on specific dates. Simply call the service p vi web site just once to set up and schedule your payments. that your bills will be paid every month, on time - even w away on business. ?V/ Account Number. 4418 4092 8900 0615 Page 001 of 002 Payment Due Date: May 8, 2008 ?'?? New Balance: $3,400.86 First Nctilonal Bonk Minimum Payment Due: $180.00 Omaha Make check. payable m First National Bank Omaha First h. National Bank 00 P.O. Box 2557 - Aaaunl Encbsea Omaha, NE 68103-2557 061313 CHRISTIN ZYGMUNT Change of Address? Phase 16 BELLMORE RD check box and complete reverse side. CAMP HILL PA 17011-7901 IOM HERE m so0a in sseureCradk sN msmge Ica dhxai) and m s m your aksauM fa proprem test x RE TO ENROLL 4418409289000615 0000000018000 0000000340086 PLEASE OETACH HERE AND RETURNTOP PORTION WITH YOUR PAYMENT Platinum Edition. m Visa Account Number. 4418 4092 8900 0615 Payment Due Account Summary Credit Line Statement Closing Date D4-18-08 Previous Balance $ 3,324.72 Total Credit Limit $ 4,200.00 Days In Willing Cycle 29 Payments and Credits -S 0.00 Cash Limit t $ 2,100.00' Payment Due Date 05-08-08 New Transactions +$ 39.00 Available Credit $ 799.00 Amount Past Due $ 71.00 Tow easd Available Cash $ 799.00 Minimum Payment Due $ 180.00 FINANCE CHARGES +$ 37.14 New Balance $ 3,400.86 Important Information Regardina Your Account We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. eStatements mean less paper less hassle. Check your credit card account statement online anytime, anywhere with eStatements. It's FREE, Instant, and provides secure access to up to 7 years of past statements. Simply leg on to firstnational.com and go to Account Services tab for more information on how to enroll todayl Need Help? onBneA=ss- www_firstnational.com Deal TRANSACTIONS Purchase Post Credits (CR) Date Date Reference Number Merchant Name I Transaction Description and Debits 4-10 4-18 74418408109000109062000 LATE FEE 539.00 Ing co R Charge Summary Daily Annual PE WGE Average Daly Balance Periodic Rate Percentage Rate Purchases N $ 12.40 0.0382% 13.990% 13.99% Cash Advance I N $ 0.00 0.0649% 23.750% 0.00% Jun07 BT Special N $ 3.342.27 0.0382% 13.990% 13.99% Billed Periodic Rate FINANCE CHARGES $37.14 Additional Information Regarding Your Account SecureCradigrq Debt Cancellation protects you and your family when life takes an unexpected turn. Events such as job loss, leave of absence or loss of life can affect your ability to pay your credit card bill. With SecureCreditift) Debt Cancellation, you will have continued use of your card and protection of your good credit rating. The monthly program fees are only $.89 per $100 of your total outstanding new balance. For more information or to enroll by phone, call 1.800-554-0091 or simply sign the box on the top portion of your account statement for your 30 day FREE lookl "Important Information: Your purchase of the SecureCreditim product Is optional. Whether or not you purchase this product will not affect your credit or the terms of any existing credit agreement you have with the bank. We will give you additional information before you are required to pay for this product. This information will Include a copy of the contract containing the terms for this product. There am ellgibilty requirements, conditions and exclusions that could prevent you from receiving benefits under this product. You should carefully read the contract for a full explanation of the terms of this producL--' Gel quick, convenient rash! All you need is your Visa Card and a personal identification number (PIN). Call 1-800446-9183 to order your PIN today and get cash when you need it at any ATM displaying the Visa boot Tired of writing checks and wasting money on stamps every time you pay a bill? Then pay your recurring monthly bills automatically with your credit cardt No hassle. No forgetting to send in a payment. And, no worries about your payment being lost or intercepted in the mail. More and more companies will let you arrange to have your bills paid automatically to your credit card. Simply contact your service providers and ask 9 they accept credit cards for bill payment. Then set up and schedule your payments. It's quick and convenient. Start paying your monthly bills with your credit card today. You can pay your credit card bill online anytime day or night at www.firstnational.com. It's fast, safe and completely secure. Issued by First National Bank of Omaha See reverse for additional information. Account Number. 4418 4092 8900 0615 Page 001 of 002 Payment Due Date: April 9, 2008 ???? New Balance: $3,324.72 First National Bank Minimum Payment Due: $71.00 Omaha Make dude payable to First National Bank Omaha (DIFIrst Da National Bank Amount Enclosed P.O. Box 2557 Omaha, NE 68103-2557 OSr50a • ?-- CHRISTINZYGMUNT Change of Address? Please 16 BELLMORE RD check box and complete reverse site. CAMP HILL PA 17011-7901 N HERE Is wall in SesureCredk sea manage for draNS) col b wexxue es b your etxwnt f« pragrw lea. x 4418409289000615 0000000007100 0000000332472 PLEASE DETACH HERE AND RETURN TOP PORTION WITH YOUR PAYMENT Platinum Edition m Visa Account Number. 4418 4092 8900 0615 Payment Due Account Summary Credit Line Statement Closing Date 03-20-08 Previous Balance $ 3,414.93 Total Credit Limit $ 4,200.00 Days in Bitting Cycle 30 Payments and Credits - $ 129.00 Cash Limit t $ 2,100.00 Payment Due Date 04-09-08 New Transactions +$ 0.00 Available Credit $ 875.00 Amount Past Due $ 0.00 Tar Billed Available Cash $ 875.00 Minimum Payment Due $ 71.00 FINANCE CHARGES +$ 38.79 Now Balance $ 3,324.72 Online Acwss www.firstnaGonal.com Need Help? Customer Service Balance Transfer Hotline T13D Tramaamdaasons Device f« tM Deal TaNF- 1-888-530-3626 ToNFree 1-877-388-8231 Tae Free 1-800-925-2833 TRANSACTIONS Purchase Post Credits (CR) Date Date Reference Number Merchant Name! Transaction Description and Debits 3-10 3-10 74416009070026070012004. LATE FEE REV QMAHrA NE $39.00 (CR) 3=f 0:• ?946.:7ad'i80U9U7bn766ElotidAfiY'i:• E3ffPEtlirEO:'P?4w`?t`?fV:l'1.8- 00.60 (6k) Co p RCE A Charge Summary Daily i Annu ual PE NT GE Average Daily Balance Periodic Rate percents Rate RATE Purchases N S 24.99 0.0382% 13.990% 13.99% Cash Advance I N $ 0.00 0.0649% 21750% 0.00% Jun07 BT Special N $ 3,361.52 0.0382% 13.990% 13.99% Billed Periodic Rate FINANCE CHARGES $38.79 Additional Information Regarding Your Account Save 15% off the federal and state preparation fee, when you use TurboTax(R) Ongne(sM) to make income tax payments with your Visa(R) card through October 15, 2008. Go to v Mnrialpaymants rnrnn„rnntaxVIRA for details. SecureCracilkm Debt Cancellation protects you and your family when fife takes an unexpected turn. Events such as job loss, leave of absence or loss of fife can affect your ability to pay your credit card bill. With SecureCrecilf(rq Debt Cancellation, you wig have continued use of your card and protection of your good credit rating. The monthly program fees are ordy S.89 per $100 of your total outstanding new balance. For more information or to enroll by phone, call 1.800.554.0091 or simply sign the box on the top portion of your account statement for your 30 day FREE looks -'Important Information: Your purchase of the SecureCrediglq product is optimal. Whether or not you purchase this product will not affect your credit or the terms of any existing credit agreement you have with the bank. We will give you addillonal information before you are required to pay for this producL This Information will Include a copy of the contract containing the terms for this product, There are eligibility requirements, conditions and exclusions that could prevent you from receiving benefits under this product. You should carefully read the contract for a full explanation of the terms of this product-° eStatements mean less paper less hassle. Check your credit card account statement online anytime, anywhere with eStatements. It's FREE, instant, and provides secure access to up to 7 years of past statements. With eSlatements you'll automatically receive a monthly email letting you know your statement is ready for you to view. Simply leg on to firstnational.cam and go to Account Services tab for more information on how to enroll todayl If this tax season left you a little short on cash, let us help. You can gel cash with your Visa Card and your personal identification number. Just go to an ATM displaying the Visa logo. Or stop by any bank, present your Visa Card and a Photo ID and walk away with cash up to your assigned cash credit limit. You can pay your credit card bill online anytime day or night at www.firstnational.com. It's fast, safe and completely secure. Issued by First National Bank of Omaha See reverse for additional information. Account Number. 4418 4092 8900 0615 Page 001 of 002 Payment Due Date: March 10, 2008 ?'?? New Balance: $3,414.93 First NaflOnal Bank Minimum Payment Due: $78.00 Omaha Make charks payable b First National Bank Omaha National Bank First O h P.O. Box 2557 res . Amo,nt Encba.d Omaha, NE 68103-2557 099968 .:.. CHRISTIN ZYGMUNT Change of Address? Please 16 BELLMORE RD check box and complete reverse side. CAMP HILL PA 17011-7901 IGN HERE to soul in aeeerecmda sea mounpa for detab) and to au0wdre In your armunt for propam rear. x SIGN X F 17 4418409289000615 0000000007800 0000000341413 PLEASE DETACH HERE AND RETURN TOP PORTION WITH YOUR PAYMENT Platinum Edition ® Visa Account Number. 4418 4092 8900 0615 Payment Due Account Summary Credit Line Statement Closing Date 02-19.08 Previous Balance $ 3,439.85 Total Credit Limit $ 4,200.00 Days In Billing Cycle 32 Payments and Credits - $ 70.00 Cash limit t $ 2,100.00 Payment Due Date 03-10-08 New Transactions +$ 39.00 Available Credit $ 785.00 Amount Past Due $ 0.00 Towaaad Available Cash $ 785.00 Minimum Payment Due $ 78.00 FINANCE CHARGES +$ 6.08 New Balance $ 3,414.93 Important Information Renardino Your Account eStatements mean less paper less hassle. Check your credit card account statement online anytime, anywhere with aStalements. It's FREE, instant, and provides secure access to up to 7 years Of past statements. Simply log on to firstnaaonal.com and go to Account Services tab for more information on how to enroll today) I Need Help? Online Access www.firstna9onal-com Customer Service Balance Transfer Hotline Too TNeoan,mmiatiau Davies for tM fast Tell Fre. 1-888-530-3626 TesF.. 1-877-388-8231 TalFm 1-800 925 2833 TRANSACTIONS Purchase Pont Credits (CR) Dab Data Reference Number Merchant Name / Transaction Description and Debits 2-14 2-14 7441800BP45023OW085251 PAYMENT - THANK YOU 570.00 JCR) 2-08' . 2-19: .7 LA:rE'FEE:^.. - 139:00 Ch S Daily Corresponding N N G arge ummary A D l B l Anuel ? E E PE verage a ly a ance Periodic Rate percents Rate RA Purchases N $ 14.55 0.0382% 13.990% 13.99% Cash Advance N $ 0.00 0.0649% 23.750% 0.00% Jun07 BT Special 3 3,429.60 0.0054% 1.990% 1.99% Billed Periodic Rate FINANCE CHARGES $6.08 Additional Information Reaardina Your Account A0 introductory and/or special offers In effect on your account have terminated pursuant to the terms of your Cardmember Agreement. Effective with your next billing cycle, alt balances currently in an introductory/special offer will be repriced to your current Preferred Rate or to your current Penalty Rate (if applicable) as previously disclosed to you. SecureCredltiy Debt Cancellation protects you and your family when life takes an unexpected turn. Events such as job loss, leave of absence or loss of life can affect your ability to pay your credit card bill. With SecureCreditifq Debt Cancellation, you will have continued use of your card and protection of your good credit rating. The monthly program fees are only $.89 per $100 of your total outstanding new balance. For more Information or to enroll by phone, call 1.900-554.0091 or simply sign the box on the top portion of your account statement for your 30 day FREE look) ...Important Information: Your purchase of the SecureCreditirq product Is optional. Whether or not you purchase this product will not affect your credit or the terms or any existing credit agreement you have with the bank. We will give you additional information before you are required to pay for this product. This information will Include a copy of the contract containing the terms for this product. There are efiglbli ty requirements, conditions and exclusions that could prevent you from receiving benefits under this product. You should carefully read the contract for a full explanation of the lemma of this product.- For the Best TV Experience, Get DIRECTVI It's easy with Professional Installation of up to a 4-Room DIRECTVIrq System at NO COST.* And NO equipment to buyl Call DIRECTV at 1.800.653-8194 and get access to as many as 265 channels, including your local favorites and the best in HD. Eligibility for local channels Is based on service address. DIRECTV has 100% digital-quality picture & sound on every channel. Plus, get access to 31 premium movie channels and exclusive sports programming such as NFL SUNDAY TICKETmq. CALL TODAYI Offers expire 3131/08 and are aveaable on approved credit: credit card required. New customers only (base required). -Laws fee 54.99/mo. for 2nd and each additional receiver. Complex/custom Installation extra. Handling and delivery fee $19.95. DIRECTV is solely responsible and Pablo for this offer and is not affiliated with First Bankcard, a division of First National Bank of Omaha rFNBO-). FNBO is not the provider of any DIRECTV features and/or benefits and makes no guarantees, warranties or representations in connection with this offer. Any trademarks mentioned herein are solely owned by the respective entity. AN rights reserved. By responding to this offer, you may be communicating information about yourself to the company that provides this product or service including, without limitation, that you am a FNBO customer. Issued by First National Bank of Omaha See reverse for additional information. Account Number. 4418 4092 8900 0615 Page 001 of 001 Payment Due Date: February 7, 2008 VISA New Balance: $3,439.85 First National Bank Minimum Payment Due: $68.00 Or11Oho Maducts payable to rs First National Bank Omaha t National Bank O Fi Amount Endowed P.O. Box 2557 Omaha, NE 68103-2557 ? 047979 ? "•`?`{r''' CHRISTINZYGMUNT Change of Address? Please ? 16 BELLMORE RD check box and complete reverse side. CAMP HILL PA 17011-7901 ION HEREto uao9H SeeureCredk see rrwaepe tar da Wi ro n less. unt for p for p rogram teat m yew eonwM f ea X 4418409289D00615 0000000006800 0000000343985 PLEASE DETACH HERE AND RETURN TOP PORTION WITH YOUR PAYMENT Platinum Edition O Visa Account Number. 4418 4092 8900 0615 Payment Due Account Summary Credit Line Statement Closing Date 01-18-08 Previous Balance $ 3;504.24 Total Credit Limit $ 4,200.00 Days in BMng Cycle 30 Payments and Credits -$ 70.00 Cash Limit t $ 2,100.00 Payment Due Date 02-07-08 New Transactions +S 0.00 Available Credit $ 760.00 Amount Past Due $ 0.00 Tow BMW Available Cash $ 760.00 Minimum Payment Due $ 68.00 FINANCE CHARGES +$ 5.61 New Balance S 3,439.85 OnlineAecess www.firstnaUonal.com Need Help? customer service Balance Transfer Hotline Too Tslecanmwt+mn Device for the Dear Tufi Free 1-BBB-530-3626 Tofi Fra 1.877-388-8231 Too Fm 14800-925-2833 r Datep Date Reference Number Merchant Name /Transaction Description and Dedts r 1-03 1-03 74418009003023000163486 PAYMENT - THANK YOU $70.00 (CR) Daly Corresponding N AL Charge Summary I ual ei n PE C AGE Average Dally Balance Periodic Rate Perc Rate age, RATE Purchases N $ 0.00 0.0391% 14.320% 0.00% Cash Advance N $ 0.00 0.0664% 24.320% 0.00% Jun07 BT Special $ 3,469.62 0.0064% 1.990% 1.99% Billed Periodic Rate FINANCE CHARGES $5.61 Additional Information Reoardino Your Account "'Statements mean less poper...less hassle. Check your credit card account statement online anytime, anywhere with eStatements. It's FREE, instant, and provides secure access to up to 7 years of past statements. With eStalements you'll automatically receive a monthly email letting you know your statement is ready for you to view. Simply log on to firstnafional.com and go to Account Services tab for more information on how to enroll today! SocureCrodigtq Debt Cancellation protects you and your family when life takes an unexpected turn. Events such as )ob loss, leave of absence or loss of life can affect your ability to pay your credit card till. With SocureCreditlRl Debt Cancellation, you will have continued use of your card and protection of your good credit rating. The monthly program fees are only S.89 per $100 of your total outstanding new balance. For more Information or to enroll by phone, call 1.800.554-0091 or simply sign the box on the top portion of your account statement for your 30 day FREE look) --Important Information: Your purchase of the SecureCradikai product is optional. Whether or not you purchase this product will not affect your credit or the terns of any existing credit agreement you have with the bank. We will give you additional information bar" you am required to pay for this product This Information will include a copy of the contract containing the terms for this product There are eligibility requirements, conditions and exclusions that could prevent you from receiving benefits under this product You should carefully read the contract for a full explanation of the terms of this producL'- Get quick, convenient cashl All you need is your Visa Card and a personal Identification number (PIN). Cal 1-800-446-9183 to order your PIN today and get cash when you need it at any ATM displaying the Visa logol Tired of writing checks and wasting money on stamps every time you pay a bill? Then pay your recurring monthly bills automatically with your credit cardl No hassle. No forgetting to send in a payment. And, no worries about your payment being lost or intercepted in the mail. More and more companies will let you arrange to have your bills paid automatically to your credit card. Simply contact your service providers and ask K they accept credit cards for bill payment. Then set up and schedule your payments. It's quick and convenient. Start paying your monthly bills with your credit card today. You can pay your credit card bill online anytime day or night at www.flrstnational.com. It's fast, safe and completely secure. Issued by First National Bank of Omaha See reverse for additional information. Account Number. 4418 4092 8900 0615 Page 001 of 002 Payment Due Date: January 8, 2008 ?'?? New Balance: $3,504.24 First National Bank Minimum Payment Due: $70.00 Omaha Make checks payable to First National Bank Omaha O First National Bank Amount Enclosed P.O. Box 2557 Omaha, NE 68103-2557 ?v t 3. os7ss2 .. , .. , .. CHRISTIN ZYGMUNT Change of Address? Please ? 16 BELLMORE RD check box and complete reverse side. CAMP HILL PA 17011-7901 ** HERE to "Win aecneCreea manepe ra drab) ad to Whorl. R s to your s cwunt for reopm lee H T MOLL f 7 4418409289000615 0000000007000 0000000350424 PLEASE DETACH HERE AND RETURN TOP PORTION WITH YOUR PAYMENT Platinum Edition D Visa Account Number. 4418 4092 8900 0615 Payment Due Account Summary Credit Line Statement Closing Date 12-19-07 Previous Balance Z 3,669.59 Total Credit Limit $ 4,200.00 Days in Billing Cycle 29 Payments and Credits - 5 71.00 Cash Limit t $ 2,100.00 Payment Due Date 01-08-08 New Transactions +g 0.00 Available Credit $ 695.00 Amount Past Due $ 0.00 Tar Bored Available Cash $ 695.00 Minimum Payment Due $ 70.00 FINANCE CHARGES +$ 5.65 New Balance $ 3,504.24 Online Aeom www.firstrvafonal.com Need Help? Customer Service Balance Transfer Holgne Too TWeansnnfnllons Device W the Deer Top F. 1-888-530.3626 Td F- 1-877-388-8231 Top Fu 1-800-926-2833 TRANSACTIONS Purchase Post Credits (CR) Date Date Reference Number Merchant-Nome I Transaction Description and Debits 12-10 12-10 7441800734404SW1179239 ONLINE PAYMENT THANK YOU $71.00 (CR) Corresponding ANNUAL Charge Summary Daily Annuall PERCR AGE Average Daily Balance Periodic Rats Percen tage Rate ATE Purchases N s 0.00 0.0392% 14.320% 0.00% Cash Advance N $ 0.00 0.0666% 24.320% 0.D0% Jun07 BT Special - $ 3,547.84 0.0055% 1.990% 2.01% Billed Periodic Rate FINANCE CHARGES $5.65 Additional Information Reaardinc Your Account SecureCreditlit) Debt Cancellation protects you and your family when life takes an unexpected turn. Events such as job loss, leave of absence or loss of life can affect your ability to pay your credit card bill. With SecureCredit(rq Debt Cancellation, you will have continued use of your card and protection of your good credit rating. The monthly program fees are only 5.89 per $100 of your total outstanding new balance. For more Information or to enroll by phone, call 1-800-554.0091 or simply sign the box on the top portion of your account statement for your 30 day FREE lookl -Important Information: Your purchase of the Sec Credlkry product Is optional. Whether or not you purchase this product will not affect your credit or the terms of any existing credit agreement you have with the bank We will give you additional Information before you are required to pay for this product. This information will incude a copy of the contract containing the terms for this product There are ellgibiAty, requirements, conditions and exclusions that could prevent you from receiving benefits under this product. You should carefully read the contract for a full explanation of the terms of this product.''' Include cash in your holiday travel plans. All you need is your Visa Card and a personal identification number (PIN). Cali 1-800-446-9163 to order your PIN. Then, get cash when you need it at any ATM displaying the Visa logol Earn cash back rebates on your holiday purchasesl Shop First Shop's(R) hundreds of online merchants to find the perfect gift. You'll find special offers and merchant discounts and earn cash back rebates on the items you buy. Go to www.firstnational.com. Click on "Shopping Deals" (under Specialized Services) and register. rnetnmor Pmteetian Tin Thousands of consumers find themselves victims of fraudulent e-mail or telemarketing scams that involve fraudsters who pretend to be legitimate financial Institutions or credit card companies. Faaudsters send out 'official-looking" e-malls or make calls seeking financial data or sensitive, personal information such as your Social Security Number. In many eases, the e-mail or eager may claim there is an account problem or warn you of an account fraud threat. If you receive a suspicious e-mail or call, do not reply or provide any information, until you verity the authenticity of the e-mail or call. Contact First National Bank Omaha toll-free at 888-530-3626 if you have any concerns or questions relating to an e-mail or call you receive from us. Thank yout Tired of writing checks and wasting money on stamps every time you pay a bill? Then pay your recurring monthly bills automatically with your credit carol No hassle. No forgetting to send in a payment. And, no worries about your payment being lost or intercepted in the mail. More and more companies will let you arrange to have your bills paid automatically to your credit card. Simply contact your service providers and ask if they accept credit cards for bill payment. Then set up and schedule your payments. It's quick and convenient. Start paying your monthly bills with your credit card today. Issued by First National Bank of Omaha See reverse for additional information. Account Number. 4418 4092 8900 0615 Page 001 of 002 Payment Due Date: December 10, 2007 VISA New Balance: $3,569.59 First National Bank Minimum Payment Due: $71.00 Omaha Make chocks payable to First National Bank Omaha Q ?eNational Bank Amount E d..d P.O. Box 2557 Omaha, NE 68103-2557 AI SE R, 057184 il R CHRISTIN ZYGMUNT Change of Address? Please O 16 BELLMORE RD check box and compote reverse side. CAMP HILL PA 17011-7901 IGN HEREte enroll n SeeunCredk see msosge for dslals) and to swlwr3e n b your aawnl fer program fees. rt I SIGN HMM ENROLL x 4418404289000615 0000000007100 0000000356959 PLEASE DETACH HERE AND RETURN TOP PORTION WITH YOUR PAYMENT Platinum Edition ® Visa Account Number. 4418 4092 8900 0615 Payment Due Account Summary Credit Line Statement Closing Date 11-20-07 Previous Balance $ 3,663.26 Total Credit Limit $ 4,200.00 Days in Billing Cycle 32 Payments and Credits - S 100.00 Cash Limit t $ 2,100.00 Payment Due Date 12-10-07 New Transactions +$ 0.00 Available Credit $ 630.00 Amount Past Due $ 0.00 Tow Baal Available Cash $ 630.00 Minimum Payment Due $ 71.00 FINANCE CHARGES +$ 6.33 New Balance $ 3,569.59 Need Help? Online Access a..r TRANSACTIONS Purchase Post Credits (CR) Date Date Reference Number Merchant Name /Transaction Description and Debits 11-01 11-01 74418007305023000049775 PAYMENT-THANK YOU 4100.00.(CR) c?:,C`:rtfr;gt; Dall A l Charge Summary I y i A nn PERCENTAGE Average Daly Balance Periodic Rate preven Rate RRAATE Purchases $ 0.00 N 0.0392% 14.320% 0.00% Cash Advance I I N S 0.00 0.0666% 24.320% 0.00% Jun07 ST Special S 3,603.84 0.0055% 1.990% 2.00% Billed Periodic Rate FINANCE CHARGES $6.33 Additional Information Reoarding Your Account SecureCreditpy Debt Cancellation protects you and your family when life takes an unexpected turn. Events such as job loss, leave of absence or loss of Urfa can affect your ability to pay your credit card bill. With SecureCredit(R) Debt Cancellation, you will have continued use of your card and protection of your, good credit rating. The monthly program fees are only $.89 per $100 of your total outstanding new balance. For more information or to enroll by phone, call 1.800-554-0091 or simply sign the box on the top portion of your account statement for your 30 day FREE look! —Important Information: Your purchase of the SecureCredit(al product is optional. Whetter or not you purchase this product wit not affed your credit or the terms of arty existing credit agreement you have with the bank We will give you additional Information before you are required to pay for this product This information will Include a copy of the contract containing the terms for this product. Then are eligibility requirements, conditions and exclusions that could prevent you from receiving benefits under this product You should carefully read the contract for a full explanation of the terms of this product- OMAHA STEAKS(R) - SAVE 55% and Get 6 Omaha Steaks Burgers FREEI The Ideal Gift Collection - ONLY $59.991 2 (5 oz.) Filet Mignons, 2 (5 oz.) Top Sirloins, 4 (4 oz.) Omaha Steaks Burgers, 6 (5.75 oz.) Stuffed Baked Potatoes, 2 (4.5 oz.) Stuffed Sole with Scallops and Crab, (6 in.) Chocolate Lover's Cake - Regular Price, $133 - NOW ONLY $59.99 That's 23 assorted gourmet items - ORDER NOWT Call 24 hours a day, 7 days a week -1-800-960-8400 and ask for 45091GVD or go to www.omahasteaks.com/first Terms and Conditions: Limit 2 per person at this special prim. Offer not valid at Omaha Steaks retail stores. Standard shipping and handling will be applied per address. Offer expires 1131108. Omaha Steaks Is solely responsible and lobo for this offer and Is not affiliated with First Bankcard, a division of First National Bank of Omaha ('FNBO•). FNBO is not the provider of any Omaha Steaks lectures and/or benefits and makes no guarantees, warrantee or representations in connection with this offer. Any trademarks mentioned herein are solely owned by the respective entity. At rights reserved. By responding to this offer, you may be communicating information about yourself to the company that provides this product or service including. without limitation, that you are a FNBO customer. Why Settle for Cable? Enjoy the Best with DIRECTV! Professional Installation of a 4-Room DIRECTV System! Call DIRECTV today at 1-888-999-7303 and gel access to as many as 250 channels, including your local channels. Eligibility for local channels is based on service address. No equipment to buy and No activation fees. DIRECTV has 100% digital-quality picture d sound on every channel. Plus, get access to 30 premium movie channels and exclusive sports programming such as NFL SUNDAY TICKET(TM) only available on DIRECTV. Offers expire 12131/07 and only available on approved credit New residential customers only (lease required). 'Lease fee 54.09/mo. for 2nd and each additional receiver. Complex/custom installation extra. Handling and delivery fee of 519.95. DIRECTV Is solely responsible and Pablo for this offer and is not off flatedwith First Sankard, a division of First National Bank of Omaha (-FNBO"J FNBO Is not the provider of any DIRECTV features and/or benefits and makes no guarantees, warranties or representations In connection with this offer. Any trademarks mentioned herein are solely owned by the respective entity. AN rights reserved. By responding to this offer, you may be communicating Information about yourself to the company that Provides this product or service including. without limitation. that you art a FNBO customer. Issued by First National Bank of Omaha See reverse for additional information. Account Number. 4418 4092 8900 0615 Page 001 of 002 Payment Due Date: November 8, 2007 ?'?? New Balance: $3,663.26 First Nattonal Bank Minimum Payment Due: $73.00 Omoho Make dh..k payable ho National Bank Omaha First National Bank O Fo rst . P.O. Box 2557 s Amount Enclosed Omaha, NE 68103-2557 osesaa CHRISTIN 2YGMUNT Change of Address? Please ? 16 BELLMORE RD check box and complete reverse side. CAMP HILL PA 17011-7901 IGN HERE to ercdin asewogred see rnnsage for delab) and to wahorhe rile to year account for program lees. X n w 4418409289000615 0000000007300 0000000366326 PLEASE DETACH HERE AND RETURN TOP PORTION WITH YOUR PAYMENT Platinum Edition ® Visa Account Number. 4418 4092 8900 0615 Payment Due Account Summary Credit Line Statement Closing Date 10.19.07 Previous Balance $ 3,857.12 Total Credit Limit $ 4,200.00 Days in Billing Cycle 30 Payments and Credits - $ 200.00 Cash Limit f $ 2,100.00 Payment Due Date 11-08-07 New Transactions +$ 0.00 Available Credit $ 536.00 Amount Past Due $ 0.00 Tow need Available Cash $ 536.00 Minimum Payment Due $ 73.00 FINANCE CHARGES +$ 6.14 New Balance $ 3,663.26 Need Help? OnIIneAccess www.firstnabOmi.com Customer Service Balance Transfer Hotline TDD Td.mnnwnirasons Device for the Dear Toe Free 1-886-530-3626 Too Free 1-877-388-8231 Toe Free 1-800-925-2833 TRANSACTIONS Purchase Post Credits (CR) Date Date Reference Number Merchant Name I Transaction Description and Debits 9-30 1601 74418807274023000217783 PAYMENT -THANK YOU .$200.p0 (CR) Dail corresponding N N AL Charge Summary Annual ? E PlE AGE Average Daly Balance Periodic Rate Percentage Rate RA Purchases N $ 0.00 0.0387% 14.110% 0.00% Cash Advance N $ 0.00 0.0661% 24.110% 0.00% JunO7 ST Special $ 3,726.79 0.0065% 1.990% 2.00% Billed Periodic Rate FINANCE CHARGES $6.14 Additional Information Regarding Your Account SecureCredit(SM) Debt Cancellation protects you and your family when life takes an unexpected turn. Events such as job loss, leave of absence or loss of fife can affect your ability to pay your credit card bill. With SecureCredit(SM) Debt Cancellation, you will have continued use of your lard and protection of your good credit rating. The monthly program fees are only $.89 per $100 of your total outstanding new balance. For more information or to enroll by phone, call 1-800-554-0091 or simply sign the box on the top portion of your account statement for your 30 day FREE look) —Important Information: Your purchase of the SecureCrhdit(SM) product is optional. Whether or not you purchase this product will not affect your credit or the terms of any existing credit agreement you have with the bank We wig give you additional Information before you am required to pay for this product. This Information will Include a copy of the contract containing the terns for this product. Thera are eggbllty requirements, conditions and exclusions that could prevent you from mcelvirhg benefits under this product. You should carefully road the contract for a full explanation of the terms of this product"' OMAHA STEAKS(R) - SAVE 55% and Get 6 Omaha Steaks Burgers FREEI The Ideal Gift Collection - ONLY $59.991 2 (5 oz.) Filet Mignons, 2 (5 oz.) Top Sirloins, 4 (4 oz.) Omaha Steaks Burgers, 6 (5.75 oz.) Stuffed Baked Potatoes. 2 (4.5 oz.) Stuffed Sole with Scallops and Crab, (6 in.) Chocolate Lover's Cake - Regular Price, $133 - NOW ONLY $59.99 That's 23 assorted gourmet Items -ORDER NOWT Call 24 hours a day, 7 days a week -1-800-960-8400 and ask for 45091 GVB or go to www.omahasteaks.comrideal Terms and Conditions: Limit 2 per person at this special price. Offer not valid at Omaha Steaks retail stores. Standard shipping and handling will be applied par address. Offer expires 12/31107. Omaha Steaks Is solely responsible and liable for this otter and Is not affiliated with First Bankcard, a division of First National Bank of Omaha ('FNBO'). FN80 is not the provider of any Omaha Steaks features and/or benefits and makes no guarantees, wanantiea or representations in connection with this offer. Any trademarks mentioned heroin are solely owned by the respecOw entity. At rights reserved. By responding to this offer, you may be communicating Information about yourself to the company that provides this product or service Including, without Imitation, that you are a FNBO customer. Book your holiday travel nowt Buy airline tickets, rent a car or make your hotel accommodations. Visit First Shop(R) and dick on the Travel category. Look over the special offers and discounts and earn rash back rebates on your online travel purchases. Go to www.firstna0onal.com. Click on "Shopping Deals' (under Specialized Services) and register. Get quick, convenient cash! All you need is your Visa Card and a personal identification number (PIN). Call 1-800-446-9183 to order your PIN today and get cash when you need it at any ATM displaying the Visa logo) Issued by First National Bank of Omaha See reverse for additional information. Account Number. 4418 4092 8900 0615 Page 001 of 002 Payment Due Date: October 9, 2007 v VISA New Balance: $3,857.12 First National Bank Minimum Payment Due: $114.00 Omoho usu. disk. p%.bY to First National Bank Omaha O F?eNational Bank P.O. Box 2557 Amnt Endssd Omaha, NE 68103-2557 r O 075092 :.., :.. ... ..y ... ...... . CHRISTIN ZYGMUNT Change of Address? Please ? IS BELLMORE RD check box and complete reverse side. CAMP HILL PA 17011-7901 N HERE11pp.ryprppl1eepp yow account bala- with eursv MM Canalutlon Prasrara • move" age For far delete. 11 x Ni 4418404289000615 0000000011400 0000000385712 PLEASE DETACH HERE AND RETURN TOP PORTION WITH YOUR PAYMENT Platinum Edition ® Visa Account Number. 4418 4092 8900 0615 Payment Due Account Summary Credit Line Statement Closing Date 09-19-07 Previous Balance $ 0.00 Total Credit Limit $ 4,200.00 Days In Billing Cycle 29 Payments and Credits - $ 0.00 Cash Limit t $ 2,100.00 Payment Due Date 10-09-07 New Transactions +S 3,780.00 Available Credit $ 342.00 Amount Past Due $ 0.00 Tom Bored Available Cash $ 342.00 Minimum Payment Due S 114.00 FINANCE CHARGES +$ 77.12 New Balance $ 3,857.12 Need Help OnlineAccoss www.firstnadonal.com Too D..f TRANSACTIONS Purchase Post Credro (CR) Data Data Reference Number Merchant Name! Transaction Description and Debits 9.10 9-10 7441AW7253006000011343 CONSOLIDATION CHECK US $3,780.00 ""?10f a '9=t0' c: ?`1AbEO?t0.BAi?Tf)At1•FFEsFIF?ii?18E1?a!;:r.. ' .'?!`!S'.t10:: ° . Charge Summary Daily Corresponding Average Daily Balance ic Rate Period Percentage Rate Purchases N $ 0.00 0.0363% 13.990% 0.00% Cash Advance N $ 0.D0 0.0653% 23.820% 0.00% Jun07 8T Special $ 1,329.63' 0.0055% 1.990% 24.48% Billed Periodic Rate FINANCE CHARGES $2.12 Additional Information Reoardino Your Account SecureCrodit(SM) Debt Cancellation protects you and your family when life takes an unexpected turn. Events such as job loss, leave of absence or loss of life can affect your ability to pay your credit card bill. With SecureCrecilt(SM) Debt Cancellation, you w91 have continued use of your card and protection of your good credit rating. The monthly program fees are only $.89 per $100 of your total outstanding new balance. For more Information or to enroll by phone, call 1-800-554-0091 or simply sign the box on the top portion of your account statement for your 30 day FREE look! -'Important Information: Your purchase of the SectseCredit(SM) product Is optional. Whether or not you purchase this product will not affect your credit or the terra of any existing credit agreement you have with the bank We will pica you additional Information before you are required to pay for this product This Information witl Include a copy of the contract containing the terms for this product There are ellgibaty requirements, conditions and exclusions that could prevent you from receiving benefits under this product You should carefully read the contract for a full explanation of the terms of this product'-' Why Settle for Cable? Enjoy the Bast with DIRECTVI Professional Installation of a 4-Room DIRECTV System. Call DIRECTV today at 1-888-999-7303 and gel atxess to as many as 250 channels, Including your local channels. Eligibility for local channels Is based on service address. No equipment to buy and No activation fees. DIRECTV has 100% digital-quality picture 8 sound on every channel. Plus, get access to 30 premium movie channels and exclusive sports programming such as NFL SUNDAY TICKET(TM) only available on DIRECTV. Offers expire 10/31/07 and only available on approved credit. New residential customers only (lease required).-Lease fee $4.99/mo. for 2nd and each additional receiver. Complex/custom installation extra. Handling and delivery fee of $19.95. DIRECTV is solely responsible and liable for this offer and Is not affiliated with First Bankard, a division of First National Bank of Omaha ('FNSO"). FNBO Is not the provider of any DIRECTV features and/or benefits and makes no guarantees, warranties or representations In connection with this offer. Any trademarks mentioned herein are solely owned by the respective entity. M rights reserved. By responding to this offer, you may be commurhiatIng information about yourself to the company that provides this product or service including, without limitation, that you are a FNBO customer. Visit First Shop(R) and earn cash back rebated Shop for bargains and special discounts earn rash back rebates on your online purchases. Go to www.firstnational.com. Click on "Shopping Deals" (under Specialized Services) and register. Need extra cash for that home improvement project? Don't forget you can get cash with your Visa Card and your personal identification number. Just go to an ATM displaying the Visa logo. Or, stop by any bank, present your Visa Card and a Photo ID and walk away with cash up to your assigned cash credit limit minus any applicable fees. Issued by First National Bank of Omaha See reverse for additional information. nLFD Fr OF THE QiIOTfPY 2DO9 MAY 14 A ! 1: 51 p ? F COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIRST NATIONAL BANK OF OMAHA Plaintiff No. 09-2615 CHRISTIN CIVIL ACTION Defendant(s) CERTIFICATE OF SERVICE The served via fi ersigned certifies that a true and correct copy of Plaintiff's Complaint was class mail, postage prepaid on May 15, 2009: Christin Zygmunt 16 Bellmore Road Camp Hill PA 17011 AMATO AND ASSOCEll, By: Ronald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM ALcU. T 2009 HAY 20 PH 12: d Christin Zygmunt 16 Bellmore Road Camp Hill, PA 17011 Defendant in Pro Per Court of Common Pleas, Civil Action-Law State of Pennsylvania, Cumberland County First National Bank of Omaha No. 09-2615 Plaintiff, Vs. Christin Zygmunt Defendant, Motion to Compel Arbitration Christin Zygmunt ("Defendant"), hereby answers the complaint of First National Bank of Omaha ("Plaintiff') for it's self alone as follows and moves this court to bar, stay or dismiss Plaintiffs claim based on the following: 1. Plaintiff filed a complaint against the defendant(s) for a credit card balance due. 2. Defendant moves this court to compel binding arbitration based on the Credit Card Terms provided by the Plaintiff. 2a. The parties are bound by Credit Card Terms to settle disputes by binding arbitration, not by litigation, upon the election of either party (See Credit Card Terms, attached hereto as Exhibit A). This Motion constitutes notice of election by the undersigned to have this dispute resolved by binding arbitration, as provided for in the Credit Card Terms. 3. Plaintiff has never sought to take the defendant to arbitration. 4. The Federal Arbitration Act ("FAA"), 9 USC, Section 1-2, provides: a. "A written provision in any maritime transaction or a contract evidencing a translation involving commerce to settle by arbitration a controversy thereafter arising out of such a contract or transaction, or fi 40L , the refusal to perform the whole or any part thereof, or an agreement in writing to submit to arbitration an existing controversy arising out of such a contract, transaction, or refusal, shall be valid, irrevocable and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract." 5. Defendant requests that pending the court's ruling on this Motion this action be stayed. 6. "FAA", 9 USC, Section 1-3 provides: a. "If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application of one of the parties, stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such arbitration." WHEREFORE, Defendant requests that: 1. This honorable court stay the Plaintiffs complaint and any and all action related to this case. 2. This honorable court compel the Plaintiff to seek binding arbitration per the terms and conditions of the Credit Card Terms. Dated: 3 a-GO Christin Zygmunt Defendant in Pro Per Flatmum Editions Visa® Card Credit Card Terms & Disclosures Page 1 of 5 IMPORTANT RATE, FEE AND OTHER COST INFORMATION (Summary of Credit Terms) window Pont Annual .00% APR fixed for the first 9 billing cycles after your account is Percentage pened.t After that, 9.99% APR variable, 11. 99% APR Rate (APR) for Purchases variable, or 13.99% APR variable (as of 03/01/2009) depending n how you meet our credit criteria.t* Other APRs glance Transfer APR: 0.00% fixed on Balance Transfers made in e first 9 billing cycles after your account is opened.t After that, .99% APR variable, 11.99% APR variable, or 13.99I% APR variable as of 03/01/2009) depending on how you meet our credit criteria.t* Cash Advance APR: 19.99% variable (as of 03/01/2009).t* Penalty Rate APR: up to 27.99% variable (as of 03/01/2009) (see explanation below .t* Variable Rate he APR for Purchases and Balance Transfers may vary and will be Information e greater of 9.99% or the Index plus a Margin of 1.74%,* or the reater of 11.99% or the Index plus a Margin of 3.74%,* or the l neater of 13.99% or the Index plus a Margin of 5.74% depending on ow you meet our credit criteria.* The APR for Cash Advances may ary and will be the greater of 19.99% or the Index plus a Margin of 15.75%.* The APR for Penalty Rates may vary and W1 ill be the Index plus a Margin of u to 23.99%.* Grace Period of less than 20 days from the closing date of the billing cycle for Repayment provided you have paid your previous New Balance in full by the of Balance for due date). Purchases ethod of Average daily balance (including new purchases). omputing the alance for Purchases nnual Fee None. inimum 1.75 (any billing cycle a finance charge is imposed). inane Charge Foreign % of the amount of the transaction (after conversion to U.S. Currency Dollars). Transaction Fee for Transactions made in Non- .S. Curren Transaction he greater of $15 or 3% of the transaction (the greater of $15 or 5% Fee for Cash of the transaction for certain "Cash Equivalent Transactions"). Advances Transaction he greater of $10 or 3% of the transaction. Fee for Balance Transfers Over Limit Fee 39. Late Payment P35 if your New Balance is less than $500; or $39 if your New X 4. w riatnnum haztiong Visag Card Credit Card Terms & Disclosures Page 2 of 5 Fee JBalance is equal to or greater than $500. 1 t Your Annual Percentage Rates (including Introductory Rates, Preferred Rates or Special Offer Rates) may terminate and increase to a Penalty Rate or a Preferred Rate if you: (1) fail to make a minimum payment to us when due; (2) exceed your credit limit with us; or (3) make a payment to us that is dishonored for any reason Factors considered in determining the higher rate may include how you have handled your account with us and current and historical information regarding your credit in general. *The Index is the highest U.S. Prime Rate as published in the "Money Ratee' section of The Wall Street Joumal during the 90 days immediately preceding the last day of each calendar month. Please Note: Your account generally will have monthly billing cycles, except that your first billing cycle may be more or less than one month. All credit terms, including minimum finance charges, will apply in each billing cycle including the first billing cycle. You understand that the terms of your account, including APRs, are subject to change. APRs are not guaranteed and they may change to higher APRs. Fixed APRs may change to variable APRs and vice versa. IMPORTANT NOTICE REGARDING CHANGES IN TERMS. We reserve the right to unilaterally chance the rates, fees. costs, and other terns at any You agree that payments on your Account may be applied in the order we select. We may allocate payments to balances starting with the lowest Annual Percentage Ralte. BALANCE TRANSFERS: You authorize us to make one or more of the balance transfers that • you have requested. All balance transfer requests are subject to our approval'; we are not liable if we do not make a requested balance transfer. We reserve the right to make balance transfers in the order we select and to limit the amount of the balance transfers that we make (this amount may be less than your total credit limit). If you request an amount that we do not approve, we may process a partial transfer for less than you requested or we may decline the entire request. In addition, transfer requests that are incomplete, illegible or requested to cash, to yourself or to another account with us or one of our affiliates need not be processed. You should not transfer any amount that is in dispute in order to preserve your dispute rights. You should continue to monitor the other accounts that you request to transfer balances from and you should continue to pay the minimum payments due on those accounts until you receive statements from those creditors showing that the balances due them have been paid in full. This may not happen until after the balance transfer appears on your billing statement from us. You are liable for any late payments, finance charges or disputed amounts on your other accounts. If you want your other accounts closed following a balance transfer, you are responsible for doing so. Balance Transfers are subject to applicable fees and finance charges and do not have the benefit of a grace period. CREDIT REPORTS: By applying for this account you agree that First Bankcard (a division of First National Bank of Omaha) may obtain credit reports for purposes of processing your application and for later purposes related to your account such as reviewing, updating and renewing it, increasing the credit line and collecting. If you request, you will be informed of whether or not a credit report was requested and of the name and address of the consumer reporting agency that furnished the report. You also authorize First Bankcard (s division of First National Bank of Omaha) to verify your employment, income and other relevant information. NOTICE TO CARDIMiEMBERS AND AUTHORIZED USERS: We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. with the terms of your Account. riautiu 11 rainonw visag Card Credit Card Terms & Disclosures Page 3 of 5 MINIMUM PAYMENT: You may pay all or a part of the balance on your account at any time. However, you must pay at least the minimum payment by the due date shown on your billing statement. The minimum payment will be indicated on your billing statement and shall be the largest of (1), (2), or (3) listed below, plus any amount that is past due on your account: (1) Your total New Balance if it is less than $10; (2) The greater of 2% of the entire New Balance, or $10; OR (3) The sum of your current cycle fees and finance charges, plus 1 % of the entire New Balance (to calculate this 1 %, we will not count amounts in dispute or current cycle fees and finance charges as part of the New Balance). If your account is overlimit, we will add to the minimum payment the amount necessary to reduce your balance to your approved credit limit. IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NIEW ACCOUNT: To help the govemment fight the funding of terrorism and money laundering aktivities, the USA Patriot Act requires all financial institutions to obtain, verify, and record inform: ation that identifies each person (including business entities) who opens an account. What this means for you: When you open an account, we will ask for your name, physical • address, date of birth, and other information that will allow us to identify you. We may also ask for other identifying documents. We will let you know if additional information is required. Married applicants may apply for separate Accounts in their own names. OHIO RESIDENTS: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law. NOTICE TO MARRIED WISCONSIN APPLICANTS: No provision of any marital property agreement, unilateral statement or court decree adversely affects our interests and/or rights unless, prior to the time the credit is granted or an open-end credit plan is entered into, we are furnished with a copy of the agreement, statement, or decree, or have actual knowledge of the adverse provision. Married Wisconsin residents applying for credit separately must furnish name and address of their spouse to First Bankcard (a division of First National Bank of Omaha) at P.O. Box 3696, Omaha, NE 68172-9936. CALIFORNIA RESIDENTS: The applicant, if married, may apply for a separate account. After credit approval, each applicant shall have the right to use this account to the extent of any credit limit set by the creditor and each applicant may be liable for all amounts' of credit extended under this account to each joint applicant. NEW YORK RESIDENTS may contact the New York State Banking Department to obtain a comparative listing of credit card rates, fees and grace periods. New York State Banking Department: 1-877-226-5697. ARBITRATION NOTICE: You understand that any Cardmember Agreement you receive will contain an arbitration provision that may substantially limit your rights in the event of a dispute, including your right to litigate in court or have a jury trial, discovery and appeal rights, and the right to participate in- court or in arbitration as a representative or member of a Mass action. You may request arbitration rules and forms through either or both of the following arbitration administrators: American Arbitration Association, 1-800-778-7879; and National Arbitration Forum, 1-800-474-2371. Please review the Cardmember Agreement and its arbitration provision carefully before you use or allow someone else to use an account. Cards are issued by First Bankcard (a division of First National Bank of Omaha). SECURECREDIT® DEBT CANCELLATION PROGRAM .Ok Platinum Edition® Visa® Card Credit Card Terms & Disclosures Page 4 of 5 Protect your credit card account today by enrolling in SecureCredito Debt Cancellation program. This protection credits a monthly payments to your credit card account balance if you incur any of these covered losses: • Involuntary Unemployment - up to 24 months • Family Leave of Absence - up to 9 months2 • Disability - up to 24 months • 3 months if you live in a Federally Declared Natural Disaster Area • Hospitalization - up to 24 months • 3 months for Marriage or Divorce . Skilled Nursing Care - up to 24 months Plus, your credit card account balance will be credited up to $10,000 in case of the accidental death of either the primary or secondary cardmember.2 Program Fee The monthly fee for this protection is only 894 per $100 of your total monthly outstanding new balance (fees will be prorated for total monthly outstanding new balances that are not in equal $100 increments). Fees will automatically appear on your credit card statement. No fees are charged for this protection if your total monthly outstanding new balance is zero ($0). Additionally, you have 30 days, from the date of enrollment, to cancel with NO cost to you. This protection allows benefit activation after you have been enrolled for 90 days. Program Termination First Bankcard (a division of First National Bank of Omaha), reserves the right to cancel SecureCredit® Debt Cancellation at any time. This protection automatically terminates if your credit card account is charged off or permanently closed for any reason or if the Program Administrator determined that your credit card account was not in good standing as of the Enrollment Date, or if the mailing address for your credit card account changes to a location outside the United States or District of Columbia. You have the right to cancel SecureCredit® Debt Cancellation at any time. Important Information This product is optional Your purchase of the SecureCredit® Debt Cancellation product is optional. Whether or not you purchase this product will not affect your credit or the terms of any existing credit agreement you have with the bank. Additional Disclosure We will give you additional information before you are required to pay for SecureCredit® Debt Cancellation. This information will include a copy of the contract containing the terms for this product. Eligibility Requirements, Conditions and Exclusions There are eligibility requirements, conditions and exclusions that could prevent you from receiving benefits'under SecureCredit® Debt Cancellation. You should carefully read the contract for a full explanation of the terms of SecureCredit® Debt Cancellation. You are not prohibited from obtaining this protection from an unaffiliated entity. If you have any questions about the protection you may contact the Program Administrator toll-•• free at 1-800-554-0091. 1 The "monthly payment" you will receive is defined in the SecureCredit® Debt Cancellation Agreement as the "Monthly Benefit Amount." This is calculated by multiplying your credit card account balance on the date of a loss occurrence, up to $10,000, by the minimum monthly payment percentage of the total outstanding balance on the credit card account that we require you to pay each month. The Monthly Benefit Amount may not be sufficient enough to cover the entire minimum monthly payment due each month if additional purchases, finance charges, or other fees are applied to your credit card account after your date of loss. You and the secondary cardmember are responsible for any portion of the minimum monthly payment due each month that is not covered by the Monthly Benefit Amount. 2 Secondary cardmember may also be eligible for benefits. Consent to Receive Disclosures Electronically 0...-..4....:**:..n ".k;, -1i'?44- vn?? ha%ec eicmnnc*ra*Aei unuir %hilitu to Af e•acc the infnrm;ktinn on 'Platinum Edition® Visa® Card Credit Card Terms & Disclosures Page 5 of 5 these web pages and have consented to receiving consumer credit disclosures related to this application electronically. Your consent applies only to the related disclosures and does not apply to subsequent disclosures, such as changes in terms or periodic statements. You understand that you have the right, at no additional charge, to withdraw your consent, and/or request a paper copy of the consumer credit disclosures, within thirty days of submitting your application by writing to First Bankcard (a division of First National Bank of Omaha), P.O. Box 3696, Omaha, NE 68172-9936. If you applied, please include a description of the product applied for. If you have already opened your account, please include your account number. Your application will be processed based on your initial consent, and the withdrawal of your consent will not affect the processing of your application. Hardware/Software Requirements A computer capable of accessing Internet web pages and a printer or other device capable of printing and/or retaining Internet-based data. It is recommended that you retain a copy of the consumer credit disclosure for your records. The minimum browser requirements include: Internet Explorer 4.0 or higher or Netscape Navigator 3.0 or higher. The recommended screen resolution is 800x600. It is recommended that you use a browser that is capable of 128-bit encryption and 5SL 3.0. Close` Window Copyright © 2009 First National Bank of Omaha. All Rights Reserved. View First National Bank of Omaha's PrIvAcv Policv and Secur& Statement. T ri I I JBURGH OFFICE: ,"411 SEVENTH AVENUE SUITE 12b0 PITTSBURGH PA 15219 TEL: (412) 224-4089 FAx: (v 2) 224-4099 ADMITTED TO PRACTICE IN: PENNSYLVANIA ONLYf PENNSYLVANIA AND OHIOtt PENNSYLVANIA AND WEST VIRGINIAttt Christin Zygmunt 16 Bellmore Road Camp Hill PA 17011 Re: Name of Creditor: First National Bank of Om aha Account Debtor: Christin Zygmunt Amount of Debt: 84,312.90 Our File #: 2084272 THIS FIRM IS A DEBT COLLECTOR. WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Dear Ms. Zygmunt: May 15, 2009 As you know, an appeal has been filed from the judgment entered by the Magisterial District Court. Enclosed please find a Complaint being served upon you pursuant to the Rules of Civil Procedure. Please govern yourself accordingly. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Very truly yours, AMAT AND ASSOCIATES, P.C. By: Michael R. Lessa AMATO AND ASSOCIATES, P. C. 107 NORTH COMMERCE WAY, SUITE 100 NALD CHAEL 'R. LES At M° JUSTIN N. DAVISt DANIEL A. WECHSLERt BETHLEHEM, PA 18017-8930 TELEPHONE (610) 866-0400 FACSIMILE (610) 866-9155 WEBSITE WWW.AMATOJAW.COM EMAIL EMAIL@AMATOLAW.COM OF COUNSEL: RICHARD B. SANDOWt JOHN P. DAVIS IIIttt ROBERT L.MONKStt A DEBT COLLECTION LAW FIRM ?U ARE HEREBY NOTIFIED TO FILE WRITTEN RESPONSE TO THE JCLOSED (THIN TWENTY (20) DAYS FROM RVICE HEREOF OR A JUDGMENT 4Y BE ENTERED AGAINST YOU ATTORNEY LAW OFFICES AMATO AND ASSOCIATES, P.C. 107 NORTH COMMERCE WAY BETHLEHEM, PA 18017-8930 (610) 866-0400 FAX (610) 866-9155 WE DO HE. WITHIN E S BA TRUETAF RECT COPY OF THE O FILED IN THIS ACTION ` BY _ ATTORNEY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIRST NATIONAL BANK OF OMAHA Plaintiff No. 09-2615 vs. CHRISTIN ZYGMUNT Defendant(s) CIVIL ACTION 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 REQUES'T'ED BY THE PLAINTIFF YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or • (800) 990-9108 BAM?TTOQ A S10 CIATES, P. C. Ronald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIRST NATIONAL BANK OF OMAHA Plaintiff No. 09-2615 VS. CHRISTIN ZYGMUNT CIVIL ACTION Defendant(s) COMPLAINT The above Plaintiff brings this action against the above Defendant to recover the sum of $4,306.80, with interest thereon as hereinafter stated, upon the following cause of action: 1. Plaintiff, FIRST NATIONAL BANK OF OMAHA, is located at P.O. Box 2557, Omaha, NE 68103. 2. Defendant, CHRISTIN ZYGMUNT, is an adult individual located at 16 Bellmore Road, Camp Hill, PA 17011. • COUNTI Breach of Contract 3. Plaintiff, at Defendant's request, issued to Defendant its Visa credit card. 4. Defendant received and accepted said credit card pursuant to the terms and conditions attached hereto, made part hereof and marked Exhibit "A." 5. Thereafter, Defendant made various purchases and/or cash advances, in which transactions Defendant made use of said credit card. 6. A total amount which became due as a result thereof, after allowance for all proper credits for payments and/or adjustments, if any, was $3,980.32, as set forth in monthly billing statements issued by Plaintiff to Defendant in connection with Defendant's use of said credit card, true and correct copies of which are attached hereto, made part hereof and collectively marked Exhibit "B." 7. Pursuant to the aforementioned terms and conditions, Defendant agreed to make timely monthly payments to Plaintiff in repayment of all sums charged to said credit card by virtue - of Defendant's use of said credit card. 8. Defendant has not adhered to the agreed repayment obligations set forth in the terms and conditions, by reason of which Defendant is in default thereof. 9. Plaintiff is entitled to receive interest on the above amount determined by applying the agreed interest rate of 13.99% per annum to the past due balance, which, as of May 11, 2009, totals $326.48. 10. Plaintiff is entitled to have the interest charge continue to accrue as set forth above, from May 11, 2009 on down to the date of judgment in this matter. 11. Plaintiff has made demand against Defendant for the aforesaid sum, but Defendant *Im failed or refused to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against Defendant for $4;306.80 together with the continually accruing interest charge at the agreed rate of 13.99%per annum from May 11, 2009, costs of suit and all other relief to which Plaintiff may be justly entitled. COUNT II Alternative to Count I • Unjust Enrichment 12. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 13. At Defendant's request, Plaintiff conferred a benefit upon Defendant by providing the credit card services described in the exhibits attached hereto. 14. Defendant received and accepted the benefit of said services provided by Plaintiff. 15. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid services to Defendant and that Plaintiff expected to be paid for such. 16. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide said services and to incur damages. 17. At all times material hereto, Defendant was unjustly enriched by retaining the benefit of receiving said services without paying Plaintiff fair and reasonable compensation. 18. Allowing Defendant to retain the benefit of said services without paying fair compensation would be unjust. 19. By reason of the aforesaid unjust enrichment of Defendant at Plaintiffs expense, an implied contract exists between Plaintiff and Defendant and Defendant is obligated to pay Plaintiff the quantum meruit value of the services described in the exhibits attached hereto in the amount of $3,980.32. WHEREFORE, Plaintiff demands 'ud ? gment against Defendant for $3,9180.32 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from May 11, 2009, costs of suit and all other relief to which Plaintiff may be entitled. AMATiO?S IATES, P.C. By: Ronald Amato, Esq., Atty ID #323123 Michael R. Lessa, Esq., Atty ID #$8617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM t FILE. OF ,!ARY Christin Zygmunt 16 Bellmore Road Camp Hill, PA 47011 Defendant in Pro Per Court of Common Pleas, Civil Action-Law State of Pennsylvania, Cumberland County First National Bank of Omaha No. 09-2615 Plaintiff, Vs. Christin Zygmunt Defendant, P? r'\j w 2.r Christin Zygmunt ("Defendant"), hereby answers the complaint of First National Bank of Omaha ("Plaintiff') for it's self alone as follows and generally denies the allegations due to the complaint based on lack of information and belief. First Affirmative Defense "(Agreement to Arbitrate) The credit card agreement may state that disputes may be resolved by binding arbitration. Defendant elects to have all disputes related to the credit card agreement resolved by binding arbitration." Second Affirmative Defense "(Amount in Dispute) The account balance claimed by Plaintiff is not accurate and the total amount that is owed is in dispute." Third Affirmative Defense "(Financial Hardship) Due to a serious financial crisis, defendant does not have sufficient funds to pay the full amount of undisputed debt, if any. Due to an ongoing medical condition, my husband was placed on short term disability. Our income was drastically reduced due to this employment status. The short term disability, in turn, developed into a long term disability status. This new employment status further strained my household income, whereas, my expenses have increased. WHEREFORE, Defendant requests that: 1. Plaintiff takes nothing by way of his complaint; and 2. For Defendant's costs of suit. Dated: " ?2 , ,I-00'? akjl? ?-- ? 3LIq-,,-4 Christin Zygmunt Defendant in Pro Per O 7r- 2009 JUG -3 H s. FIRST NATIONAL IN THE COURT OF COMMON PLEAS OF BANK OF OMAHA CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTIN ZYGMUNT NO. 2009 - 2615 CIVIL TERM ORDER OF COURT AND NOW, this 22ND day of JUNE, 2009, A Rule is issued upon Plaintiff to Show Cause why Defendant's Motion to Compel Arbitration should not be granted. Rule returnable twenty (20) days after service. 4 the Court, Edward E. Guido, J. Michael R. Lessa, Esquire AMATO AND ASSOCIATES, P.C. 107 North Commerce Way, Suite 100 Bethlehem, Pa. 18017-8930 Christin Zygmunt 16 Bellmore Road Camp Hill, Pa. 17011 -Of sld OF THE F = `) W'l`,3 TARY 2004 SUN '22 Ph 13: 2`4,; G# ri`y,- ('k , ' i "I ' <i r1 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIRST NATIONAL BANK OF OMAHA Plaintiff No. 09-2615 vs. CHRISTIN ZYGMUNT CIVIL ACTION Defendant(s) PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION TO COMPEL ARBITRATION 1. Admitted. 2. Denied. It is denied that the credit card terms and conditions that Plaintiff attached to the complaint have an arbitration provision. 2a. Denied. The document attached by the Defendant is not the actual credit card terms for this account. Plaintiff has attached the correct terms and conditions to the Complaint. Furthermore, the terms that Defendant does attach don't even show an arbitration provision, although it does refer to one. The Plaintiff has no document with an arbitration provision that shows us the circumstances under which either party could demand arbitration under the alleged provision. 3. Admitted. 4. Denied. The Federal Arbitration Act speaks for itself. Any characterization of it to the contrary is specifically denied. To the extent that any further response is required, this averment is specifically denied. Furthermore, it is specifically denied that the Federal Arbitration Act applies to this case. 5. No answer is required to this averment under the Pennsylvania Rules of Civil Procedure. However, to the extent that an answer may be required, Plaintiff believes that the Motion should be denied and the proceedings continue in the Court of Common Pleas. 6. Denied. The Federal Arbitration Act speaks for itself. Any characterization of it to the contrary is specifically denied. To the extent that any further response is required, this averment is specifically denied. Furthermore, it is specifically denied that the Federal Arbitration Act applies to this case. Wherefore, Plaintiff respectfully requests that this court deny the Defendant's Motion and that the case continue under the jurisdiction of the Court of Common Pleas of Cumberland County. AMATO AND CIATES, P.C. By: Ron d Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM Al a COUP?T OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIRST NATIONAL BANK OF OMAHA Plaintiff vs. No. 09-2615 CHRISTIN ZYGMUNT CIVIL ACTION Defendant(s) CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiff's Response to Defendant's Motion to Compel Arbitration was served via first class mail, postage prepaid on June 22, 2009: Christin Zygmunt 16 Bellmore Road Camp Hill PA 17011 AMATO AND ASSO IATES By: 5arlliald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM F1LW-?kRICE OF THE PRO, TH,MOTARY 2009 JUN 2b PM 1: 1 KNNSYLVANIA JUN [ 520096 1 J COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FIRST NATIONAL BANK OF OMAHA Plaintiff VS. CHRISTIN ZYGMUNT Defendant(s) No. 09-2615 : CIVIL ACTION ORDER AND NOW, this day of IvW4 , 2009, upon consideration of Defendant's Motion for Arbitration and Plaintiffs response thereto, it is hereby ORDERED that the motion is denied and it is further ordered that the case shall be heard under the jurisdiction of the Court of Common Pleas of Cumberland County. J. FILETI-wi - -E OF TI-1-7 2099 JUL - i P,", 2: 18 Curt .SNP;' P e . ?qrn?