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HomeMy WebLinkAbout10-5378COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS NO. 1 b Y3 -7 NOTICE OF APPEAL -Frlkd ir- I Fr- 10 Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIST. NO. OR NAME OF D.J. North Star Capital Acquisition, LLC 09-3-04 ADDRESS OF APPELLANT CITY STATE ZIP CODE c/o Stock & Grimes, LLP 804 West Avenue Jenkintown, PA 19046 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant) 7/19/10 North Star Capital Acquisition, LLC vs. Elizabeth Fronk ?--? CLAIM NO. SIGNATURE PELLANT ORJlii$ ATTORNEY OR AGENT Cv LT 204-10 X. GriftfieEl, This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. of Prothonotary or Deputy rjnt was CLAIMANT (see Pa. R.C.P.J.P. No. 1001 (6) in action before District Justice, he/she MUST FILE A COMPLAINT within twenty (20) days after filing his/her NOTICE of APPEAL. 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.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon Name of appellee(s) appellee(s), to file a complaint in this appeal (Common Pleas No. 1 within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or his attorney or agent RULE: To Name of appellee(s) appellee(s). (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, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date: Signature of Prothonotary or Deputy "A" YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL Revised 7/2009 v c c7 t:.J m COMMONWEALTH OF PENNSYLVANIA r.r)I INTY r)F• CUMBERLAND Mag. Dist. No.: 09-3-04 MDJ Name: Hon. THOMAS A. PLACEY Address: 104 S SPORTING HILL RD ' MECHANICSBURG, PA Telephone: (7 17 ) 761-8230 17050 In the amount of $ Defendants are jointly and severally liable. Damages will be assessed on Date & Time This. case. dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS FNORTH STAR CAPITAL ACQUISITION,LLC? 804 WEST AVENUE JENKINTOWN, PA 19406 L J VS. DEFENDANT: NAME and ADDRESS rELIZABETH FRONK 1930 ORRS BRIDGE ROAD ENOLA, PA 17025 NORTH STAR CAPITAL ACQUISITION,LLC. L J 804 WEST AVENUE Docket No.: CV-0000204-10 JENKINTOWN, PA 19406 Date Filed: 3/30/10 THIS IS TO NOTIFY YOU THAT: Judgment: FOR DEFENDANT (Date of Judgment) 7/19/10 ® Judgment was entered for: (Name) ELIZABETH FRONK Judgment was entered against: (Name) NORTH STAR CAPITAL ACQUISITION .Ulu ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT 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 THE 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. `YJ& y fi'Date , Magisterial District,Judge I certify that this is a true an/ correct copy of the record of the prpteedings containing the judgment. Date , Magisterial District Judge My commission expires first Monday of January, 2016 SEAL AOPC 315-07 DATE PRINTED: 7119/10 1:30:00 PM PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY ; ss AFFIDAVIT: 1 hereby swear or affirm that I served: ? A copy of the Notice of Appeal, Common Pleas No. 10-5373 Civil , upon the District Justice designated therein on (date of service) August 23 20 10 ? by personal service )Wby (certified) (registered) mail, sender's receipt attached hereto and upon the appellee, (name) Elizabeth Fronk on August 23, 20 10 ? by personal service ?%y (certified) (registered) mail, sender's receipt attached hereto. ? And further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on -,20-. ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE M? I Notary Publi? 1 Title of official My commission expires on .20 23rd of August 10 ? THIS DAY OF ,20 Sign re of yn ant , 11 i? Signature ,of affi ant COMMONWEALTH OF PENNSYLVANIA Revised 1212003 DeIuliis - Notary Pu uli',: EJernikintown R I A L_ SEAL. Boro., Montgomery Cou r.e ION E°:PIRES !AN, 17, ? '- CQMMQNWEALRT I A LEN? S A L A ' Y" Y N ©T ,burly DeluWs - Notary Public t y ;lntown Montgomery Coun Boro., 00 MMISS10N EXPIRES JAN. 17, 2014 Q. C_)l 't7 -r ;- rv r't pn5taae 1? ? - . ..; ,-- LJ i postmat'?` t?gnitled f'ee ? hen° Return IleceiPt fee .. ^ O cared) r .r (Endorsement Re4 O Uetwery Fee pestricted ptted; (Endorsement Req F d?? 1J i a e 8, Fees Tot 1 9 y f f Se f ,l t i Q 'str pACt? i?o 1•'-..w. or P{ ¢?eN>aF+is?. Ir i ,M f / ,tea }IR TT"s-?ur? I (Domestic Mail Only; No Insurance Coverage Providec For delivery information visit our website at www.usps.com,s r? Postage ??.. Certified Fee r q PoF rk p Return Receipt Fee p {Endorsement Required) ` Restricted Delivery Fee l7 iEndorsement Required) a - 7°-73 1 Total Postage Fees ! r_?_ T^ C? )a' M I .C'! 5e ' C3 6 ?A, 1 &0--;* o t{ Box No LJ- r 1 f I+ g r' i ! ?+? August 23, 2010 Hon. Thomas A. Placey District Court 09-3-04 104 S. Sporting Hill Road Mechanicsburg, PA 17050 Ms. Elizabeth Fronk 1930 Orrs Bridge Road Enola, PA 17025 Re: North Star Capital Acquisition, LLC vs. Elizabeth Fronk District Court 09-3-04 No. CV-204-10 Court of Common Pleas Cumberland County No. 10-5378 Civil Dear Ms. Fronk: On behalf of the plaintiff, North Star Capital Acquisition, LLC, enclosed please find a true and correct copy of: a Notice of Appeal, the original of which was filed with the Court of Common Pleas of Cumberland County on August 18, 2010 in regard to the above matter. Please be guided accordingly. Respect- .'ally, FRANCIS' X. GRIMES FXG:kd Enclosure CERTIFIED MAIL, RRR THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. August 23, 2010 Hon. Thomas A. Placey District Court 09-3-04 104 S. Sporting Hill Road Mechanicsburg, PA 17050 Ms. Elizabeth Fronk 1930 Orrs Bridge Road Enola, PA 17025 Re: North Star Capital Acquisition, LLC vs. Elizabeth Fronk District Court 09-3-04 No. CV-204-10 Ccurt of Common Pleas Cumberland County No. 10-5378 Civil Dear Judge Placey: On behalf of the plaintiff, North Star Capital Acquisition, LLC, enclosed please find a true and correct copy of a Notice of Appeal, the original of which was filed with the Court of Common Pleas of Cumberland County on August 18, 2010 in regard to the above matter. Please be guided accordingly. y/ R Spec t- fuli FRANCIS X. GRIMES FXG:kd Enclosure CERTIFIED MAIL, RRR THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. h ~~-{~1-`i1CE ,~A~ t gip, ~~,P -1 Psi 3~ 1 ~ .J PENNSYLV~IIA North Star Capital Acquisitions, LLC Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Elizabeth Fronk Defendant NO. 5378 Civil 20 10 Civil Term NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILLING 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 JUDGEMENT 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 PEOPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 STOCK & GRIMES, LLP BY: Francis X. Grimes, Esquire I.D.#62404 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 Attorney for Plaintiff NORTH STAR CAPITAL ACQUISITIONS, LLC c/o Stock & Grimes, LLP 804 West Avenue Jenkintown, PA 19046 Plaintiff vs. ELIZABETH FRONK 1930 Orrs Bridge Road Enola, PA 17025 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO.: 10-5378 CIVIL CIVIL ACTION COMPLAINT COUNTI 1. Plaintiff, North Star Capital Acquisitions, LLC, is a limited liability Company with its primary business address located at 170 North Pointe Pkwy, Amherst, NY 14228 2. Plaintiff does not conduct business within the Commonwealth of Pennsylvania within the meaning of any statutes and/or regulations pertaining to foreign corporations. 3. Plaintiff is the owner of the Defendant's obligation under account number ~~XX~~- XX~~X-XX~O~-8549 (Capital One). 4. Defendant, Elizabeth Fronk, is an adult individual residing at the address contained in the above caption. 5. At the special instance and request of the Defendant, and relying on information received from the Defendant, Capital One provided a credit account to the Defendant so that the Defendant could make purchases from various merchants who were authorized to accept the credit account in lieu of payment to the merchants and/or utilize other extensions of credit. A copy of the Defendant's Application and Cardmember Agreement are attached hereto as Exhibit ~~A~~ 6. Thereafter, on sundry and various occasions, the Defendant, pursuant to the extension of credit agreement, used the credit card for purchases and/or other forms of credit, which credit and its terms are governed by the Cardmember Agreement. 7. The Defendant ratified the terms and conditions of the Cardmember Agreement each and every time she utilized the credit card, as well as by continuing to make payments after receiving monthly statements summarizing the activities and/or transactions on the account. 8. Plaintiff believes, and therefore avers, that the Defendant's last payment in regard to her obligation was processed on or about May, 2006 in the amount of $45.00. As a result thereof, the Defendant is in breach of her obligation to the Plaintiff in accordance with the Cardmember Agreement; and as a result thereof, the obligation of the Defendant to satisfy the entire balance in regard to the credit card account became accelerated. 9. The outstanding balance owed on Defendant's credit card account was $1,531.79 as of September 7, 2004 which balance continues to accrue interest as per the Cardmember Agreement. 10. In addition to the balance on the account as indicated above, the Plaintiff has incurred additional damages for attorney fees and costs and may request payment of the same by the Defendant pursuant to the terms of the Cardmember Agreement. 11. Plaintiff, through its counsel's investigation, has determined that the Defendant is not in the military service. 12. THIS COMMUNICATION OF PLAINTIFF'S COUNSEL IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. WHEREFORE, Plaintiff, North Star Capital Acquisitions, LLC, demands Judgment against the Defendant, Elizabeth Fronk, in the sum of $1,884.10 ($1,531.79 principal plus reasonable attorney fees of $352.31), plus costs and pre judgment interest in accordance with law. COUNT II 13. Plaintiff incorporates by reference, all of the foregoing averments of this Civil Action Complaint, as though the same were more fully set forth in length herein. 14. Defendant, by the use of the credit card and the extension of credit received the benefit of the same which was given on the said credit account and has failed to make payment for the receipt of the said benefit. 15. As a direct result of the receipt of the benefit of the extension of credit understanding as above, the Defendant has been unjustly enriched in the amount of $1,531.79 as of September 7, 2004, together with accruing interest, to Plaintiff s detriment. WHEREFORE, Plaintiff, North Star Capital Acquisitions, LLC, demands Judgment against the Defendant, Elizabeth Fronk, in the sum of $1,531.79, plus pre judgment interest in accordance with law. DATE: ~4NCIS X. GRIMES, ESQUIRE torney for Plaintiff Client No. ' 1006807342 VERIFICATION I~ Robynann Zimmerman ,hereby verify that: 1. I am employed by NO T~ STAR ~ ITAL ACQUISITION LLC, in the position of ~~so~ta~e ,with the Plaintiff in the within action and current owner of the Defendant's obligation and am authorized to make this Verification on behalf of Plaintiff. 2. I reviewed the following: [X](a) Computerized documents; [ ](b) Hard copy documents; [X)(c) Other (specify) Business System of Records relating to Defendant's CAPITAL ONE account, Account No.:' 549. The foregoing Account was opened on 4/18/2002 in the name(s) of ELIZABETH FRONK, ,Defendant(s). 3. Based upon my review of the foregoing, there is due and payable the principal sum of $1531.79 as of 9/7/2004, exclusive of interest, late fees, collection fees and any other additional fees permitted under the terms of the agreement with the Defendant since the above date. 4. Based upon my review of the foregoing documents, there are no payments that have not been credited and the Defendant has not asserted any counterclaims or setoffs. 5. The hard copy of the documents are not in Plaintiff s possession at this time and/or can not be located at this time. 6. The facts set forth in this Verification are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties for making an unsworn falsification to authorities in violation of 18 Pa.C.S. 1804. Date: AUG 1 ~ 2001 Exhibit "A" .a s ~ ~ ~ ~ ~...r.__ ~~; ~ ~ ~~ ~'. O ~ ~. ~- ~°rn ... ~ ~ w ~ X ~~ ... ~ N „~ n ~ r ti U! ~ Q ~ ~ ,~ ~ O ~~ m N ~ ~ ~ o ~ N ' o o N a ~ o a ~~'a ~. ~ xL ,,,~, `~ ~ ~' ...~ a cn v, ~„ ~ n o~ ~~ ~~ ~~ ~~ o~ ~~ y . a c v c c m co m a l~ ~t tV ~~ ~ ~ ~~ s~ ~ -+ ~~ ~g ~~ 4 ~x ~~ ~~ t? $ ~ ~ N ~ ~~ ~~ ~ ~ s~ ~ ~ ~* '~~ ~ ~ ~~ -- ~ ~ "' Q` o. .. / Q ~rl ~ r Q> ..a A ~ N ~ ~ ~ ~ a O `~' ~ ~ ~ ~' 3 ~ ~ ~ 3 ` ~~ ~` ' ~ ~ ~~ ~~ yr' ~ ,,, a ~ E ~ ~ ~. as ~ i ~ o ~ ~ x! CUSTOMER AGREEMENT Wekrome to Capital One.® We are pleased to open your credlt card account This Agreement contains infortnatrak about your account Please read lt and keep ft for your records. In Mis Agreement the words "you ` "youP and "yours' refer to each person who signed Me application and to anyone else who uses Me account in arty way. Each of you is indNidually and 'piney obligated uMer Mis Agreement. The words'we,' "us' and'ouf mean Capltal One, F.S.B., acct Ns successors or assigns. We can delay enforcing our rghls under this Agreement without being them. UsMg Your Aceount You can make purohases and obtain cash advances (tl We have rok1 you Mat cash advances are an option for your account) Dy using you card, accarnt number, and any account access checks (inGudirg Purdtase Checks, Comreni~ce Checks, Spedal Transfer Ctreda and other similar checks) Mat we may send ro you. When we provide you wM account access cherdrs, we will tell you whether they wip De treated as punireses, cash advances, or special transfers. Unless we tag you oMerwlse, Comenierrce Checks will ahvays be treated as cash advances. Your card or account cannot be used in connection will any Internet or Igegal gambling trareacgons. Your card and account may only he used for valid and lawful purposes. If you use, or albw someoce else to use, Me card or atxxxrnt for any impermissible purpose, you will De responsible for such use and may ce required to reknburse us and AtaslerCard Intematbnal Incorporated a Visa USA, Inc., as applicable, for all amounts a expenses we or May pay as a result of such impermissible use. You agree that we are not responsible if anyone refuses to hang your account If you do not use your acwunt you may cancel g by calling our Customer Reletbrks department and destroying your card(s) and arxount access checks within 30 days after you n;ceive Mem. Cash Equivalent Tranaactbns. If cash advances are an option for your account. you can use your account to purchase gems that are directly cenverUbla ro cash. These cash equivalent transar~ons will he treated as cash advances and ws11 be bgled ro Me cash advance segment of your account Cash equivalent trensectlor>s include the purdrase of wire transfer money orders, bets, lottery fidkets, casino gaming chips, and other simian products or services. Your CndM Limit You were rold your credg gmil when you opened your acceunL You ado may have different cxedtt limits Mat appy ro dittereM segments of your account (such as purchases, cash advances, and special transfers). These credit limits will be Wenllfied on your periodic statement. Yeu agree fo make purchases a obtain cash advances ony up ro the relevant credit Ilmg. We may Increase Cr decrease your aedft limlta et any time, may IimR Me amant that is available for cash advances, ar may exclude cash advarroes entirely from your account We may honor trensactions in excess of your credg limit even g Mose trensactons result in an ovedimlt fee, and those transactions and fees will be covered by this Agreement. Making Payments. You promise ro pay us all amounts due resulting from the use of your account including any finance chages and oMer charges due under Me terns ai this Agreement Payments must be made In U.S. dollars. Payments made by a negotiable insWment such as a check or a money order must be in a forth aaeptable ro us and be drawn on a U.S. financial bstltution. We may albcete payments among the various segments of your account in any way we detertMna. You must pay at least the mininum amount due by the dale requested on your statement ro avoid a late payment tee. However, you may pay more Man Me minimum payment or pay the balance in WII. In any cese, finance charges wiU contnue ro be assessed dudng bilgng periods that you carry a balance regardless of whether or rrot your statement shows a minimum payment due. We cen accept tale payments ar partial payments or cherdks and money orders marked 'payment kr tug' a other similar language without losing any of our rigtds under Mis Agreement, including our fight ro receive payment in full. Periodic SUtemeM. Each monM you have a balance in your attache we will send you a statement showing all trensacgons billed to your account dudng Me billing period. The bill'xg period H the tine from one statertrent closing date Mrough and Including the next statement cosing date. The statement cbsirg date determines the monM of a specific tilting period. For ezample, your January billing period a the billing pedod will Me statement Gceing date in January. Finance Charge Intormation. A. Grace Period. You will have a minimum grece perod of T5 days without finance charge an new purchases, new balance transfers, new specal purchases and new other chages g you pay your total New Baance as shown on your perfodb sfamment In Wg and in time for d ro be credged by your next statement coring date. There is no grace period on cash advances and special transfers. In additbn, 'rf you did not pay the total New Balance from Me previous billing statement in WII and in time fa g to be credited by you next statement dosing dale, Mere is no grace pedad on any transaction. 8. Accruing Finance Charge. Transactions which are not subject ro e grace period are assessed finance charge as tolbws: •Transacgons made during ttre current billing period: from the transaction date. •Undated transactions and transactions made will aaount access checks: from the date Me transaction is processed to your account. •Trensactions made prior to the curent billing period: from Me first calendar day of the anent billing period. Addftbnally, it you did not pay the New Balance from the previous tilting period in WII, finance charges continue ro accrue to your unpaitl balance until Me unpaid Delance is paid in full. This means that you may still owe finance charges, even if you pay Me entire New Balance indicated an the front of yar statement by Me next statement dosing date. but did not do so for the pevous month. Unpaid finamx charges are added ro Me applicable segment of your aaount C. Minimum Finance Charge, For each billing period Mat your aaount is subject ro a finance charge, a minimum total finance charge of $0.50 will be Imposed. If Me total finance charge resulting from the applicabon of your periodic rate(s) Lt less Man $0.50, we will subtract that amount from the $0.50 minimum and Me dilfererxx+ will be billed ro Me purchase segment of your account. D. F'eriodk Rates. We delernine the daily periodic rate by divldirg the annual percentage rate by 365 and rounding lt ro Me nearest 1/100,000M all%. The rete may ba different for each segment of your account (e.g., cash advance, purdrase, specal purotvue, acct special transfer g applceble for yar account). You were lob the daily periodic rate(s) when you opened your account and it appears ce your statement E. Cakulating Finance Charge. Finance charge is cebuWted by multipyin9 the daffy balance of each segment of your account (e.g., cash advance, purchase, specal hanster, and special purchase) by Me mrtesponding daily periodic rate(s) Mal has been prevbusly discosed ro you. At the end of each day during the bgling period, we appy the daffy periodic rete far each segment of your account to the daffy balance of each segment. Then at Me end of the billing period, we add up the results of Mese dairy celalagons ro arrive at you parodic finance charge for each segment We add up Me results from each segment to artive et the total perodb finance charge fa your account. 017N2-t t To get the defy balance fa each segment of your account, we take the beginning balance fa each segment ant add any new trensadbns and any periodic finance charge celculaWd on the previous days balance fa that segment We Men subtract any payments a credits posted as of that day that are agocafed ro Mat segment This gives us Me separate defy balance for Bath segment IN your secant However, tl rya paid the New Balance shown on your previous shatemeM in full (a tl your New Balance was zero a a aedft amountJ, new transadbns which post ro your purchase or special purchase segments are not added ro the daffy balances. To calCUlete your total finance charge, multipy your average daffy balance by the daffy periodic rate and by the number IN days In Me bggrg period. Due ro rounding on a daffy basis, Mere may be a agght variance between Mis cakxrlatron acct Me amount IN finance charge adualty assessed. F. Variable Rates. Where and when variable rates appy ro your account, the rate(s) may vary monMy based on changes in the highest one (1) rtanM London Interbank Offered Rate (LIBOR) publ'stred in the'Money Rates' section of Tire Wea Street Joumaf on the 5M day of each monM a, it not published on that day, on the most recent date of publicatron prior ro that day; any changes wNl be effective will your bigng period ending the folbwing month. d the pedodb ace(s) end certespondirg annual percentage rate(s) inaease, the finance charge anti increase end your minmum payment may be greater, G. Cash Advance Fee. If a cash advance Tee appkes ro your atxount you were told the tae When you opened your secant The fee wgl be charged each brtre you obtain a cash advance and wig be added ro the cash advance segment of your akxaunt and will reduce your available aedtt. The amamt of the cash advance fee will De added ro other finance charges on your periodic statement for the purpose of pk;ulafirg the annual percentage rate disclosed Mere. This may cause the annual percentage rant d'rstlosed on your statement ro be greater than the annual percentage rate Met was dbcbsed ro you when you opened your atxxrunt H. Temporary Reduction in Finance Charge. We reserve Me right ro not assess any or all finance rdtarges for any given biting pedod. Other Fees end Charges. The folbwing tees may be biled to Me purchase segment of your account, unka;s oMerwise spedffed, h every tilting period in which they appy: late payment fee If we do not receive your payment in time for It ro be credited by the Wlbwing statement dosing date; ovedimlt tee g your account (a any segment M your accounry goes or stays above arty ternporady a permanently assigned aedlt limft, even tl we Proved Me ovedimd amoum, at any time during the bilgng gcle (regardless of whether you went ovedimft as a result of a transactbn, finance charge, or any other fee a charge); returned check fee, Imposed every trine a dredk's reWmed to us for any reason, or it we cenrat honor your eaount access checks for any reason; and Copying charges for dupficete copies of transecdora or statements unless required for hNling dispute resdtrtlon. The tee and charge amrounts were disclosed m you when you opened your ecceunt If any of these tees or charges are changed subsequent b you account openkg, you wig be advised of the new amount We reserve Me fight ro waive tlrese teas without prbr radficegon ro you. Memberehip Fss. It your acceurrt has a membership lee, tl was d'~scbsad to you when you opened your account The tee will be bided to Me purduue segrtrentol you account Crodk Bureau InfomnaUon. Yau agree Mat we may obtain, your credit inromradar ham credit repongrrg agendas at any time for Meipurposes of rtionftodng your credtt pedortnance, managing your aaount and considering you icr new offers and programs. Future Offers. The tams of any (inure offer will be disclosed ro you et the time the offer is made. If you accept an offer, Me terms will become effective immediately unless olhenrise spedfied in Me offer. Dehult We may mrekler you ro be in default under Ma Agreement g: (a) rya fail to pay Me minimum payment on time, (b) you exceed your credg limit a (c) you pay us wfth funds that are reWmed for any reason. To Me extent permitted by few, you may also be in default under this Agreement tl: (1) you violate any of Me other terms of Mb Agreement a arty of Me terms of any other agreement with us a any of our affiliates, a (2) you made any false or m'sleading statements on your applicetbn, or (3) banlwproy a oMer insdvency proceedings are insgWted by you or against you. After you a2 b default (or after we give you any notce of a d9nt ro cure the defaut II required by law), we may restrict your acceunt from new tansactons, or close your account and demand Immedlafe payment of the entire ou~tanding baance. In addigon, as a result of Me default your mnimum payment may increase wthout advance notice. To the extent permitted by law, you agree ro pay aU court cosh and collecton expenses inarrred by us in the cellecgon of any amount you awe us under M's Agreement tf you default and we refer you account for collection ro an atronrey wfa 's not our selected empbyee, ro Me extent permitted Dy law, you agree to pay reasonable attorneys' fees. You also agree ro pay any costs we may Incur in reMevirg your calls, including any costs we may roar by~.havirg your acceuM placed on a resMcted Ilse ' U You Close Your ACwuM, You can request ro dose your acmunt by telling our Customer Relations department. Ya must destroy aq cards and account access checks, cancel all preauMa&ed tilting artargements, and cease using your secant If you do not cancel preauthodzed billing ertargements, we will cereider receipt of a change your auModzagon to reopen your account Addltiaraly, your account will not be dosed untg you pay all amounts you owe us including: any tansactons you have authorized, finance Charges, late payment tees. ovedimlt tees, returned check fees, cash advance fees and any other fees assessed b your account. You are responsble for these artqunts whether May appear on you aocdunt at ttre time you request~.ro cbse the account a May are marred subsequent ro you request ro cbse the account. This may result in charges eppeadrg on your secant after you have requested Me account to be closed a the reopening of your account g it has already been tbsed. Fa example, if you aulhodzed a purchase from a merchant and we receive the trensactlon from Ure merchant alter your account has been dosed, your account will Ire reopened, the amount of Me charge will be added ro your account, and you will be responsible for payment K Mere b a membership fee for your account Me fee wgl continue ro be charged, ro the extent pertnitled by law, unkl Me account balance has been paid in WII as de0ned above. If you want to stop an authalzed users access to your aoceuM, you must call our Customer Relatons depaMrent and destroy the users card (g any) and any account access checks he or she may have. tt you are unable ro destroy Mat person's cant and account access checks, and you call our Customer Relations department to close your account, your account will be closed and both you and the jdnt cardholder, N any, may appy for a new account If we dose the account, you end the Jdnt cardholder, if any, will still be Ilable, Irdlvktually and together, for all amounts charged to youraocount onn 2-21 If We Cancel Your Account or Suspend Credk Privileges. We may at any time, with or without cause and wkh w without advance notice, terminate this Agreement andlor temporerily or permanency suspend your credit privileges. Th's indudes, but is not limited ro. situations wftere you have vitiated this Agreement or where we have reason to doubt your credkwaMiness. Your oblgations under this Agreement rxxtUnue esker your tights ro obtain cradle have been termbated or suspended. We may delay in enforcing our rights under the Agreement widaut bsirg dram. Changes In Terms. We may amend or change any part of your Agreement, including the periadb rates and ottrer charges, or add or remove requirements (including adding new requkements of tie same a a ditierent nature as the existing requiremertb in this Agreement) at any tlme. If we do so, we wNl give you notice ii equked by law of such arnendmem a change. Notice wiN be mailed to the last billing address indicated in our scads. {However, m notice wNl be mailed H we prevbusy had notified you that you accerrrrt woub be subject to such amendment or change widaut notice.) Charges ro Ne annul percentage rate(s) will appy ro your aaount balance from the effective date of the change, whether a not tiro aaount balance included items bflletl to the account before the change dale end whether a not you continue ro use the acoounL Changes ro foes and other drarges will apply to your aaount from the effective date of the change. Appliabk Law. This AgrcemeM wiN be govemed by Virginia law and Federal law. SeverabNiry. The invalklity of any provision of this Agrcement shall not affect the validky of any dher provisions. Lost or Stolen Cards or Account Aceess Checks. if your calls or account access checks are k>9t or stolen or If someone else may be using tt>em without you pernissbn, rwfity us at once by calling the le~ptane number shown on the front of your periodic statements. You will not be liable in any amount for unauthorized use of your cards or aaount acceu checks. Your Billing Address. You agree to give us wnden notice of any change in your blllhg address at least 10 days before tiro change. Changes may be written in the space provided on Ne reminartce coupon portion of your periodic statement or may be sent ro the followkg address: Capital One, P,O. Box 85015, Richmond, VA 23285-5015. If your aacoum is a pint account or if more than one person is pernlded to use it you agree that all rrotices regardhg the aaount may be sent solety ro the address shown on our billing records. Communica6om. We may call you (using live operators, auromatic dialing devices, or recorded messages) a1 home a work and dose calls will not be considered unsolicited. We may monks Or record any cel5 we make Or receNe. We may release informaton to odders regardmg the status or history of your account as is more fuly disassed b the Capital One privacy policy, a copy of which has been provided fo you. We may make inquiries of Nib panda in annectbn with maintabing and collecting your account, and you authorize wch Mind parties to release Inrorrtatbn about you ro us. CardhoWar Benefhs. Cardholder benefis may be charged or krrmineted without notice. The benefits may be provided by Nird parfies: we are not liable for such benefts or for the actions or omissions of the Nib parties. U.S. Currency. If you make a purchase a cash advance in foreign curenq, the trensaction wilt be converted inro U.S. dolWrs uslrg Visa or MasterCard regulations and converson procedures in effect at Ne dme. Visa or MasterCard may increase the cotversion rate and keep Nor increased amount The rate in effect on the conversion data may differ from the rate used an the hansacUOn date. ARBTRATION: You and we agree that either you or we may, at eifner pony's sole electbn, require that any Claim (as defined below) be resdved by binding arbihadon. IF YOU OR WE ELECT ARBTRATION OF A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. OTHER RKiHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, INCLUDING THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE gl ARBRRATNJN. THE FEES ASSOCIATED WITH ARBITRATION MAY BE HIGHER THAN THE FEES ASSOCIATED WTfH COURT PROCEEDINGS. Spector Definkions for this Arbkration Provision. For the purposes of Nis arbitratbn provision ("Arl>idalbn Provision'), the following definiGOns shall appy in addition ro the definitions set forth in this Customer Agreement (`Agreement'): "We,"'us" and'ouf mean Ne owner of your aaount (Capital One Bank or Capital One, F.S.B.), its parent and their dined and indirect subsidiaries and affdiates, as well as all of Neir respective empbyees, officers, directors, licensees, predecessors, successors, and assigns. "Claim' means any claim, controversy, or dispute of any kind or nature between you and us. A. Ibis definition includes, vidhout limitatbn, any Claim that b any way arises hoar a relates to: .tits Agreement and any of its terms (including any prior agreements behveen you and us a between you and any other entity from which we acquired your arxxrunq .this Arbitration Provbbn (including whether any Claim is subject to arbitration) •Ne establishment aperetion, or lerninatbn of your account •ony discbsures, advertisements, promotions, or other communicetions relating ro your aaount whether they oaured before or after your account was opened •ony YansacUons or attempted transactions involving your account •ony billing or coltectbns matters relating to your account •ony posting of dansadions {including payments or credits) !o your account •ony goods or sevbes charged ro your account •ony fees, interest or other charges assessed to your aaount, a their plculafbn •ony products, services, or beneTgs programs related ro or offered in connection with your aaotml (inducting any insurance, debt cancellation, or extended service contracts and any programs, rebates, rewards, sweepstakes, memberships, discounts, or coupons) whether a not we offered, introduced, sob, or provided them •ar receipt use, or disdosure of any information about you oryour aaount •ony other matters relating to your account or your relatbnship wiN us. 8. This definih'on eAso includes, without limkefion, any Claim: .regardless of how or when k is brought (fa example, as an initial daim, counterclaim, aass- cWim, interplead'mg, or third-parry daim) .based on any theory of relief a damages (indudirg money damages end any fore of spedfic penonnance or InjunclNe, declaratory, or other equitable relief) .based on any theory of law or equity (Inducting rorttrect, tort fraud, consfkution, statute, regulatbn, ordnance, or wrongful acts or omissbns of any type, whether negligent reckless, or Intentbnal) .made by you a by anyone connected wkh you or claimlrg through a for you (indudirg a co- appfxam or authorized user of your account your agent, your representative, your heirs, or a trustee in bankruptcy) .for which we may be directly or indirectly liable under any theory, including respondent superior or agency {even if we are not progeny named at the time the Claim is made) .now in existence or that may arise in rite future, regardless of when the tads and rirwmstances that give rise ro the Claim oaurred a when the Claim aaxued .made as part or a class action, pnvate adomey general action, a odrer representative or cdlectlve action, which Claim shall proceed on an individual bas's as sal forth more fully in this Arbitration Pmvision. Arbitntbn AdminlsVatore. One o1 the rolbwmg arbitration administrators ('Administrator a, codectNey,'Adminishelors~ wiN administer the arbitration: JAMS American Arbitretlon Aa'n NeUOnal Arbitratlon Forum 1920 Main St, Ste. 300 335 Madison Ave., Fbor 10 P.O. Box 50191 Irvine, CA 92610 New York NY 10017605 Minneapolb, MN 55405 www.jemsadr.com www.adcorg www.arbitretk>n•faum.com You may contact any of the Administrators ro obtain intonnation about arbitration, arbitration rules and procedures, fee schedules, and daim forms. Election and InkiMion of Arbitration. You or we may elect arbitration under th's Arbkratbn Provision with rasped ro arty Claim, even N the Claim is part of a lawwk brorghl'n coat. You a we may make a motion or request in court to compel arbitration of arty Claim brought as part of any lawsuit We will rqt elect or initiate arbitration M arty Claim Drought in a small claims court (a the equivalent), so bng as Ne Claim remain in that court is made soley on behaN of an bdNitlual or pint aaount holder, anti is not made as part of a doss aeon, private attorney general adbn, a other representative or wlledive action. You and we must tolbw the rules of the Administrerors ro initiate arbitratbn. If you initiate arWtratbn, you may choose are of the Administrators, and you must mail us any notice required by the Administrate ro P.O. Box 85550, Richmond, VA 23285-5550. II we inkfate afildadon, we wNl choose one of the Administrators, and we will maN you any notice required by the Administrator ro your lest-known billing address. If we have initiated arbitratbn, we wNl change the Adminlstrator at your request k you notify us in writing at the above address within flfleen days of the data of any notice we send you of cur iniGadon of arbitration. Procedures and Law Applicable in Arbkradon. Ths Arbitration Provison is made pursuant ro a transedion hvoMirg interstate commerce and shall be governed by and enforceable under the Federal Arbitraton Ad (the 'FAA'). Questions about whether any Clakn is subject ro arbitration shell be reseved by interpreting this Arbitration Prouisbn in the broadest way k may be enforced, consistent will the FAA and the terms of this Arbitration Provision. The arbitrator wiN apply substantive law consistent with the FAA and appNcebk statu6es of limitatbns. The arbitrator may award any damages or other retlet permiged by appNcable substantive law, but the award shall detemdne the rights and obtigatbns of ony the named Ladies and onty with respell ro the Claims in arbitration. The rules and procedures of the Admnistrelor, which you may obtah from the Administrate, shah govern the arbitration unless Nay conflict with N's Arbitration Provison, in which cese Nis Arbitratlon Provision wiN appy. The arbirator will rrot be bound by, and this Arbitration Provlsbn shall not De subject ro, the federal, state, or bcel rules of procedure and evidence that would appy b any court, a to state or kxal laws Nat relate ro arbitration proceedings. You a we may have a hearing M arbitretion. Any arbitreUal heating Nat you offend in person will take place et a bcetbn in the Tederel jrdkial district Nat indudes your last•krwwn biNing address or at some other place upon whkN you and we agree. You or we may be represented by counsel. If you or we request the arbitator wNl hones daims of privilege recognized under applicable law and will use best efforts ro protect confidential inforretbn (inducting Nrough the use of protedNe orders). The arbifreror wNl make any awed in writing and, at the dmey request oT ekher party, wiN provide a written statement of reasons fw the award. Coals. The party initiating arbitration wNl pay the initial firing fee. You may seek a waiver of Ne initial filing lee a any o1 the Admin131retols other fees (collectNey, "Administrators Fees under any applicable rules of the Administrate. IF you seek, but do not quality tor, a waiver, we will consider arty written request by you for us to pay a rekMurse you for all a part of the Admin'stretor's Fees. We also wiH pay or reimburse you for aU a part of the Adminisdaror's Fees 'rf the arbitrator detemtines there is good reason for us to do so. We will pay any fees and costs we are required to pay bylaw. Otherwise, and except as provided in this Agreement you and we will bear aN of our respective fees all costs (inducting the Administratois fees and Me fees and costs relating ro adomeys, experts, all wknesses), regardless of who prevails. Albcetion of fees and oceLS relating ro appeals n arbitretbn will ba handled in the same manner. No Consolidation ar Joinder of Parties. The arbilretion of any Claim must proceed an an indWbual basis, even N the Claim has been asserted in a court as a class action, private akomey general action, a other representative a wllective adbn: Unless all ponies consent neither you nor we may join, consolidaro, a otherwise bring Claims related ro two or mare aaouns, iMMduals, ar account holders in tie same arbitration. Also, unless all parries consent neither you nor we may pursue a doss action, private atromey general action, or other representative a colbctive action in arbitration, nor may you or we pursue such actions in Coun k any party has elected arbitratbn, You will Trot have the right to act as a lass representative a partidpale as a member of a doss of daimants with respell to any Claim as fo which arbidatan has been elected. Judgment, Entorcemam, Finality, and Appeal The arbitraror's~ dadsbn will be final and binding esker fikeen days unless you or we seek an appeal of tlne;award by makurg a written request to the Admktislreror. The appeal panel, which will consist of Nree arbitrators, will consider all factual and legal issues anew, wiN conduct tie appeal in the same manner as the inidN arbitration, and will make dedsbrs based on the vote of the majority. The panels decision will be final and binding. Any final dedslon of the arbitrate or of the appeal panel is subject to judidal regrew ony as set forth under the FAA. An award in arbitraton will be enforceable under the FAA by any court having jurisdiction. Miccdlansous, WsNer, Severebiliry, Survival. If you ar we do not Bled arbitration e otherwise enforce this Arbitration Provision in conrtactbn wkh any paMcular Claim, you or we will ne waive any rights to require an>ilration in connection with that or any otlter Claim. This Arbitraton Provision shall survive: (i) suspension, temdnation, revocation, dosure, or changes of this Agreement your account and your retationshq with us; (ii) the bankruptcy or insoNenq of any pang; and (iii) any trarufer of your account or any anaunts owed on your aaount, ro any other person a entity. If arty portion of this Arbitration Provision b deemed invalid a unenforceable, rite remainbg portions of ths Arbitration Provision shall nevertheless remain valid and in force. In the event of a conflict a inconsistency between Nis Arbitration Provision and the other provisions of th's Agreement a any prbr agreement Nis Arbiration Provision shall govern. D 2002 Capital One Services, Inc. Capital One is a federaly registered service mark. All rgh6 reserved. fi .. Legal Appearances,LLC HEARING RESULTS Attorney of Record: Francis X. Grimes, Esquire Stock & Grimes, LLP County: CUMBERLAND Court: District Court 09-3-04 -Mechanicsburg Date of Hearing: July 12, 2010 Time of Hearing: 1:15 P.M. Case Name: North Star Acquisitions LLC v Elizabeth Fronk Results from appearing attorney: Judge stated that he would render his decision within 5 days. 1221 Lcxu,t Strcct Fhiladclphia, PA 19101 Phune: 21~-90$-7616.215.320.751 Fax: 215-320-(516 W4UN'.~l'~?rl~alll)Cr1I.Cl)1Tl Date: 7/13/10 Defendant did not dispute making application or using the card; she claims the most she charged on the card was $500 and introduced a credit report showing the credit limit of this card to be $500. As this hearing progressed, her story grew "hazy" as she stated that the charges could potentially be incurred by an ex-husband who was to pay the debt as part of the settlement. Defendant attributed her poor memory to being treated for depression. Defendant appears to have the means to pay the debt as she drives a late model Jeep Cherokee 4WD. Address as shown on the Complaint is correct. Defendant would not discuss whether or not she is currently employed. Thank you STOCK & GRIMES, LLP Attorney for Plaintiff BY: FRANCIS X. GRIMES, ESQUIRE I.D.#62404 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 NORTH STAR CAPITAL ACQUISITION, COURT OF COMMON PLEAS LLC CUMBERLAND COUNTY c/o Stock & Grimes, LLP CIVIL ACTION-LAW 804 West Avenue Jenkintown, PA 19046 Plaintiff No. 10-5378 Civil vs. ~ ~ - ~ ~~ ~ ELIZABETH FRONK ~~ ~~ r-y x ~ t ' 193 0 Orrs Bridge Road ~.~. rat -~.. J , y.w~ -- f ~--- ;-- Enola, PA 17025 _, ~~ ; -f ra ~, '~~ -< m ~ r~~ , Defendant (s ) :,~ - -~ ~~ -'' ~ ; PRAECIPE FOR DEFAULT JUDGMENT ~ ~ ~ ~ c' -C Ci`+ TO THE PROTHONOTARY: Enter Judgment by Default in favor of the Plaintiff, North Star Capital Acquisition, LLC, and against the Defendant(s), Elizabeth Fronk, for failure to Answer the Civil Action Complaint. Assess Plaintiff's damages in the sum of $1,884.10 in accordance with the prayer of")the Complaint. DATE: 10/27/10 CIS X. GRIMES, ESQUIRE I'~• 00 P a p-R•y ~*a~+yµ8 ~,~asoso r No~,ee Ma-lec~ AFFIDAVIT OF NON MILITARY SERVICE Francis X. Grimes, Esquire, being duly sworn according to law, deposes and says: (a) That the Defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; (b) That Defendant, Elizabeth Fronk, is an adult individual and resides at 1930 Orrs Bridge Road, Enola, PA 17025. (c) That Defendant, , is an adult individual and resides at Affiant has ascertained the foregoing information by personal investigation and makes this Affidavit in due authority; and he understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904, relating to unsworn falsification to authorities. NORTH STAR CAPITAL ACQUISITION, COURT OF COMMON PLEAS LLC LUZERNE COUNTY CIVIL ACTION-LAW Plaintiff NO. 10-5378 Civil vs. ELIZABETH FRONK Defendant (s ) CERTIFICATION UNDER PA. R.C.P. 237.1 FRANCIS X. GRIMES, ESQUIRE, Attorney for Plaintiff, North Star Capital Acquisition, LLC, certifies that he sent a copy of the attached Notice on October 1, 2010 by regular mail, to the Defendant(s) at the address at which the Defendant(s) was/were served with a copy of the Complaint by First Class Mail as indicated by the Certificate of Service filed with the court. DATE: 10/27/10 IS X. GRIMES, ESQUIRE NORTH STAR CAPITAL ACQUISITION, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW Plaintiff vs. NO. 10-5378 Civil ELIZABETH FRONK Defendant(s) TO: Elizabeth Fronk 1930 Orrs Bridge Road Enola, PA 17025 Date: October 1, 2010 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. LAWYER REFERENCE SERVICES COURT ADMINISTRATOR-CUMBERLAND COUNTY COURTHOUSE 4Tg FLOOR, ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200,,x' .. X• ~~~ FRANCIS X. GRIMES, ESQUIRE Attorney for Plaintiff 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 STOCK & GRIMES, LLP BY: Francis X. Grimes, Esquire I.D.#62404 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 NORTH STAR CAPITAL ACQUTSITION, LLC c/o Stock & Grimes, LLP 804 West Avenue Jenkintown, PA 19046 Plaintiff vs. ELIZABETH FRONK 1930 Orrs Bridge Road Enola, PA 17025 Defendant (s) Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW No. 10-5378 Civil - r ~ c N _~, ~~ ~; ,.:a `" .) --i f!- ~ ~ ] j? / y Q - `~ ; , ° ~-,:ra ~~ ~-_ ~;? c~~, CERTIFICATION OF SERVICE Francis X. Grimes, Esquire, Attorney for the Plaintiff herein, certifies that on September 10, 2010 he mailed to the Defendant, Elizabeth Fronk, a true and correct copy of the Civil Action Complaint filed herein, as per the attached letter, by posting the same with the United States Post Office, First Class Mail, postage prepaid, to the Defendant at the address designated in the attached i/ DATE: 10/27/10 F ibit. IS X. GRIMES, ESQUIRE r ~ ~ 0 -n i-n ~ ..~ ~ .~~ Q 4~ ^^~ ~~ v ~n ~_ -~ d ~ --~'''' ~~ ,} . , September 10, 2010 Ms. Elizabeth Fronk 1930 Orrs Bridge Road Enola, PA 17025 Re: North Star Capital Acquisitions, LLC vs. Elizabeth Fronk CCP Cumberland County No. 10-5378 Civil Dear Ms. Fronk: Enclosed please find a true and correct copy of a Civil Action Complaint, the original of which was filed in regard to this case with the court on September 7, 2010. Please be guided accordingly. Sincerely, FRANCIS X. GRIMES FXG:kd Enclosure THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.