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HomeMy WebLinkAbout10-7346TH OF PENNSYLVANIA ~G~' 7 ~~ COURT OF COMMON PLEAS Judicial District, County Of CUMBERLAND NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT I I COMMON PLEAS No ~~ ~ ~~t f(o ~~ NOTICE OF APPEAL 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. nnmc yr Mrrc~uuv i MAG. DIST. NO. NAME OF MDJ LVNV FUNDING, LLC 09-1-02 BARBARA A. CLARE ADDRESS OF APPELLANT CITY STATE ZIP CODE 15 S. MAIN ST GREENVILLE SC 29601 DATE OF JUDGMENT IN THE CASE OF (PlaintJ/Q (Da/enden<). 11/1/10 LVNV FUNDING, LLC MAURA OLEARY ~$ DOCKET No. SIG RE O PELLA ATTOR A NT CV-218-10 This block will be signed ONLY when this notation is required and Pa. f ppel/ nt was nt ( Pa. R. .D.J. No. 1001(6) in action R.C. P.D.J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District dge, A COMPLAINT MUST BE FLED operate as a SUPERSEDERS to the judgment for possession in this case. within twenty (20) days aRer filing the NO !CE of APPEAL. Signature of Prothonofery or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND R E TO FILE (This section of forn- 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 appellees) (Common Pleas No. ~~ - ~~u fQ ~' Ill ( )within twenty (20) days after service of rule or suffer entry of judgment of non pros. -r--- Signature of appellant or attorney or agent RULE: To , appellees) Name of appe!!ee(s) (1) You are noted 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 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: 11~ zo v Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 TH OF PENNSYLVANIA 1(~' 7 ~~ COURT OF COMMON PLEAS Judicial District, County Of CUMBERLAND NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL 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 LVNV FUNDING, LLC 09-1-02 BARBARA A. CLARE ADDRESS OF APPELLANT CITY STATE ZIP CODE 15 S. MAIN ST GREENVILLE SC ~ 29601 11/1/10 I LVNV FUNDING, LLC ~o ~ MAURA OLEARY CV-218-10 This block will be signed ONLY when this notation is required undeff Pa. 'ff ifppell~nt wasnt (s Pa. R. .D.J. No. 1001(6) in action R.C. P. D.J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District ge, A COMPLAINT MUST BE FILED operate as a SUPERSEDERS to the judgment for possession in this case. within twenty (20) days after filing the NO !CE of APPEAL. Sipnatwe or PrWlwnotary a Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RUSE TO FILE (This section of fom- 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 Name of appellees) appellee(s), to file a complaint in this appeal (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 - , appellees) Name of appellees) (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 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 Prothor-otery or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-1-02 MDJ Name: Honorable Barbara A Clare Address: 1901 State Street Camp Hill, PA 17011 Telephone: 717-761-0583 Lvnv Funding Llc/Hsbc Nevada Ntnl v. Maura Oleary Michael F. Ratchford, Esq. 120 N KeyserAve Scranton, PA 18504 Docket No: MJ-09102-CV-0000218-2010 Case Filed: 5/19/2010 Disposition Summary. Docket No Plaintiff Defendant Disposition Disposition Date MJ-09102-CV-0000218-2010 Lvnv Funding Llc/Hsbc Nevada Maura Oleary Default Judgment for Defendant 11/01/2010 Ntnl Judgment Summary Joint/Several Liability Individual Liability Amount Participant Maura Oleary $0.00 $0.00 $0.00 Lvnv Funding LIc/Hsbc Nevada Ntnl $0.00 $0.00 $0.00 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 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. qq~~ I / V~/` '~ V N~ a~ iY~O Magisterial District Judge Bar ~ti ~ -.C~~ ~p 6 I' -Mr 1t ~M1 S~ ~ ara A Clare ,.; ~•, ti ~_~_ I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge Barbara A Clare MDJS 315 Page 1 of 1 Printed: 11/01 /2010 11:44:01 AM QF TH~~Pt~QT~NO AR"~` 20l~ NDY 2~+ PM 12~ S~ CtlM~fRl.ANO CGUNT~' P~MNSYLV,~Nl= o~i ~ql n w~~j ~~h~~1 C xw~~ M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV Funding LLC 15 South Main Street Greenville, SC 29601 Plaintiff vs. Maura Oleary 2321 Market St Apt 2 CAMP HILL PA 17011 CIVIL ACTION NO: 1 G Defendant 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 to Defend aze served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE AB~,E TQ 4 PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER,~.~, ~ SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FED ~ ~' ~-~ ma -~.7r, r= r~-~ MIDPENN LEGAL SERVICES -~cc~ r ~® 401 EAST LOUTHER STREET ~ ~ _~ ~.,.,~ ~° ~ CARLISLE, PA 17013 =~-~ ^.' °n i 717-243-9400 ~"' ~ ~ ~ ~'' ~ -< . r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV Funding LLC 15 South Main Street Greenville, SC 29601 CIVIL ACTION Plaintiff vs. Maura Oleary 2321 Market St Apt 2 CAMP HILL PA 17011 NO: /~ - 7 3 ~~ U vac l -I tJk. Defendant COMPLAINT Plaintiff, LVNV Funding LLC, by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, LVNV Funding LLC, (hereinafter "Plaintiff') is a Delaware corporation with a principal place of business located at 15 South Main Street Greenville, SC 29601. 2. The Defendant Maura Oleary (hereinafter "Defendant") is an adult individual residing at 2321 Market St Apt 2 CAMP HILL PA 17011. 3. At all relevant times herein, Plaintiff was engaged in the business of debt purchase and collection. 4. Defendant applied for and received a credit card issued by HSBC Bank Nevada National Association with the account number 0000049250051833. 5. The within account was sold by HSBC Bank Nevada National Association to LVNV Funding LLC for valuable consideration and all rights under said accounts were assigned to LVNV Funding LLC. 6. Use of the HSBC Bank Nevada National Association credit card was subject to the terms and conditions of the Cardmember Agreement (hereinafter "Agreement"), a copy of which was sent along to the Defendant with the credit card. (See, Cardmember Agreement attached hereto as Exhibit "A".) 7. Defendant used the HSBC Bank Nevada National Association credit card with account number, 0000049250051833, for purchases, cash advances and/or balance transfers. Use of the card in this manner constituted acceptance of the terms and conditions and subjects the Defendant to the terms and conditions contained therein. 8. The Defendant was mailed monthly account statements relative to the Defendant's use of the subject credit card.(See, Account Statement attached hereto as Exhibit "B".) 9. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 10. The Defendant last made payment on October 12, 2007. 11. The principal amount was $$1,052.58 at the time of charge-off. 12. Pursuant to the account agreement, any unpaid balance accrues interest at the contract rate of 6%. 13. The principal amount was $1,052.58 at the time it was received by Plaintiff. 14. The total amount due and owing the Plaintiff including interest, is $1,302.47. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $1,302.47 plus costs of suit and any other relief as the Court deems just and appropriate. Edwin A. Abrahamsen & Assoc. Michael F. Ratchford, Esquire Heather K. Woodruff, Esquire Attorney I.D. Nos.: 86285/207 0 120 North Keyser Ave. Scranton, PA 18504 mratchford@eaa-law.com hwoodruff@eaa-law.com Phone: 570-558-5510 Fax: 570-558-5511 VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff,LVNV FUNDING LLC, am fully familiar with the facts set forth in the within Complaint and am authorized to make this Verification on behalf of Plaintiff. I Verify that the facts set forth in the within allegations aze true and correct to the best of my knowledge, knowing that any false statements are punishable by law pursuant to 18 C.S.A. 4904. CARDMEMBER AGREEMENT AND DISCLOSURE STATEMENT A (1?.108) cl i 1 This document end axompenying Addtional Disclosure Statement make up your Cardmember Agreement and throughout this doh are referred to es Cardmember Agreement arApresment. The Addtilonai Disclosure Statement contains hnportant Accourrt infornratbn Indudirrg yow Annual Percerrtage Rstss ("APR"s) and amount of any fees. Please take the time to fsurrillartae yourself with your Agreement and retain it for future reference. (Thank you for being an HSBC Cardmember. We appreciate ', your business. TABLE OF CONTENTS Agreement to Terms and Definitions Using Yow Account Your Credit Payment Interest Rates and Finance Charges Account Fees Foreign Transactions Acxourrt Renewal, Closure And Termination Credit Cana Fraud Personal Information Additional Terms Your Billing Rlghts 1 i 1 2 4 7 8 9 10 10 11 14 r x~:b~~ A ----- . -AGREEMENT TO TERMS AND DEFlNRIONS - - r This Cardmember Agroement end any anreadnrnis (Agreement) • gwxnrnQ~'e_open ~ p~nee~ d re~le~rtm pereaa+eho topr~dyo"for~ttier i "Acco~ ~ retaxrtb~ ~k Nevada, NA~Card~rne~answaan'y" crept prda or otl'rer ~ devices issued under this Agreement. "Network' means Vba AAe~rCard lrrtemational 1 ,Discover Flnandal Services LLC a other governing ~nelwork, as applicable. You and we are bound by this Agreement from the earlier of the time receive K or from the date of the first transaction, indu without limitation, the plaarrreM a posting of any Annual se ~ Peroidic Msmbenhip Fes onyotr Account. You may dose your Akxoumt before using it wltiwut paying any Annual Fee, or Periodic Membersh~ Fse If spplkable to your Axourd, when you cap ue within 90 days of yon Account open ! dath a; the customer servl~ number on the bsdc of your cond. r USING YOUR ACCOUNT ~ Account Uss ResMetions You a b use your AexotrM only for persasel, tarnNy, household, ~ payments to ~~a ry~of o~ Ya~i ~pr~~use your E Acc~eurt only for valid and lawful purposes and that if your Acxo~t t is used for ~y odther purposes you are resporrsble for such use and ar~rrourb°ils arerid expenses bursa us and the Network for aN resulting Types of Account Transactions You can access your Account using your Card or by other means approved ua to make purchases ~ receive cash advances. We eeyy ti the dotiar amount endlor frequency of any type of transmactla~ without notice to you. YOUR CREDIT Credit Limit We wtN advise you of the total cxedft limit on your Axount. All or a portion of your total credit Iim!< k avaUabie for cash advances. Your total credit IhnR and ~ advance knit may change fyroom billing sta~temsat~or by~se~dln~oay~a eayor~c~ hli rio mee n ft~,s a Tro ni~Mv~ ~k i~snmi~tt d'ava able fa cast, edva' ne s is yourtotai credR Ifmit You agree not to allow your unpaid batarrca ffndudt~ Finance Chayrg~s and other dulrges) to exceed yourytootuarl cred limit. We oraif the ~uM re~q~sd c~suyou~o e~dt~l credit ItrrrR. ff you eokceed your iota) credit Emit, you agree to pay us that excess amount imme~tely. Your avaAable credd and 14 d advancxs amount may not railed your peymerrts far up to t~• s if you have . credft card-with a no preset spending limit (e.g._ .. _ MasterCa~ WorldCard), please see the Additional Disclosure Statement. Credit Authortzattons Some transak~ions wNi require our prior auttwrization end you may be asked by the merchant to provide ider~itleattion. tf any pert of the authorization system is not wextrkeg, rvs may not be able to authorize a trsnsadion, even K you have suRldsnt avaliabk rxedtt. We wNl not be liable b yew it arty of these events happen. Ws may refuse to authorize y trerfBections at our sole discretion Inducting. without Nmtatlon, K we reasoner suspect that such authorization ma result in iraudu or suspidous actlwty on the Account. We are not or efusebibytoarmemea~l en~to s~pt ~ ~ ~ctlon . PAYMENT Promise to Pay You ~romise to y according to the terms of this Agre~nent for a l: (a agdR we extend on y~r Aocour~ (~b~~ i-ir~ance Charges. ~ats diarg~, overtimR dwyas and adniirdstrative pcharges (e.g. for research, returned chegc~ks, overdraft gc ~~ a s~ affimeya ttho tibia ex~entpermiatt~ by aPPNcable law. If your Account fs a ~t Account, each joint AtxouMhcder k • mty and individua ly re~onsibk for an amounts due under is Agreement regarciless of dealtr, egvorre, other kcal proceedings or any agreement that may affect liability ! between you. ff any jofrrt Accountholder requests to not be liable for future transactions, we may close your Act~rxrt. H we do, you must continue to pay according m the terms of this ` yo~Acco nth you wilt not be abk to make new charges on , Payment Each statement you receive from us wNl identify a Minimum Payment and Current Payment Due. Minfmum Payment The Minfmum Payment is calculated as fogows: j (1) ff your New Balance is not more than 515, your ' Minfmum Paymerrt k the New Balance. (2) if your New Balance is more than 515, your Minimum Payment is fhe greater oh (a)1~~t~ thN~~ once stwwm on your statement • any perbdic Finance Charges • • any Monthy Makrienanoe Fee Finance Ch~~, or ~ srrwtnt equal to 1/12 of the Annual Fee, if applicable, and • • adder nainai~a ~ fs~ disk~Oaed fn the Addtiional (b) $15 1. 2 "---- ---.----- Currs+trt Paymarrt Due--- - - - --- - The Current Payment Due is the greater oF. (1) Your MinMum Payment plus any amount past due, or (2) the greater of: i (a)196 of the New Balance shown on your statement plus the fopowing: ' any periodic Flnance Charges 'any MorNhy Nlairbnance Fee Finance ~, w eat er~ th 1h2 of the Annual Fee, if • any amount over your credp limit, or (b) 515 plus any amount over your credk pmtt Your Minimum Payment and Currorrt P. ayrtrent Due will be i rounded up to fhe nearaet doper, unless o~mGG so will cause the resuking value >fl exceed the New Balance. Timing and Form of Payments You must pay at Nast the Current Payment Due In time to be rxsdtted to your Account by tM Pavrtrent Dc~ Date and fatiure to do ao constibnee a d uk of this reement ~nstrudions fw making payments aro on your statpeam~nt Fw a wee must reaeive~your~paym uentrbAjr~datue adndatirrre~a~nd In ~e manner spe~ned in those instn~ctlons. If your Account is overltmit, you can avoid an addidonat overlimit fee t~v you must pay et Nast the Miriimum Paymer>4 by the Payment Due Date o avoid progressin to the next stage o1 depnquency. You may pay more ~an the Current Payment Due and may pay the entire New Balance at any time. Ap payments ritual be in U.S. dollars, for p' you by map the payment~be santt to 1~~e ~on ~biA~g efaternertt. If yai i~ be s fiorrrt that 1s to us er~idynx~iet~be drawn on a U.S. finandal tnstttution. Arry~cbeck, moneeyy ~order or other kretnarunt tendand as an accord in sa6~actlon, or which includes- a condNion,__nshictive erxlorsemerrt or env w to slaMmirrt. You~mi~st note..~~~~~•• «~~•on~tiis f~ece f~~tha tssarw therN M m is tendered this impose. We f4~ Condpion. ff the enY Psyn'~t that ~ subject payment does not with the foregoing end are prooees p; ws wB not be bound the Condipon..By ua a ched[ for ~on r Aorrourrt, You ua to irdtlatta rer e~se~tro~ivnds tnuuferfrom yorrc bank or oti»r ilennWal b~stJtrttlon account according to ttre tarns of the cAaok Th~ means that your check will be corweriad tp an eleabonic trerrsecpon and your ordinal check wtp not be returned to you by your bank Your original check Hn'li be ----destroyed: Yair-cheddng or other-~narxial ir~stl4rtlon-aaxxmt-- ------ ------ may be debited the same day Mre reosNs your chectc. tf you do not wart. yyaarr cheola to be cxxrverbd to an elsdronic funds trerrsfer please cap c:uatomer senrks at the phone number on the beCic of your card. Applieatton of Paynwrrts At our discretion peymerts are gerrsrally applkd to interoat, fay and then pr{ndpai balances. We lower APR balanosa before higher 'APiZ bafsn~ The appif ~tl~~d. payments is subject to drenge at any time, INTEREST RATES AND FINANCE CHARGES Interest Rates The APRs on your Accourn are either a fixed w variable rate. Variable rates are detanninsd py a spedfisd amount ( Spread? to en Index (described bNow The qPR is divided 6 36p5er+acnd rounded th the~h~~hundred thousandth Thee Dai1 ~eP e c Rrtabthe is used bo d~eisn~ln~e ~eta°~mo ~ of Periodic finance Charge (see Flnance Charges). index For Variable Rate Accounts - ~ ; Please see the Addkional Disclosure Statement for the Index paragraph below that is applicable to your Account (1) For each biling cycle, the Index is e ermine m he month prior to fhe month in whkh the billing cycle ends. In that prior month, the highest domesfic'Prime Rate' published in the Money Rates labia of The Wad Street Jouma! is selected (the 'index'), ff the Index has'changed, the new variable rates will take effect with the bilti that ends on w after the first day of the month flnoid~the Index d~ange. 'Prime Rate' (2) Pub9stred~ inMor~' dRe~a~lsbM~77re i4tsl Sbeef Jouma! on the fist buei~ess of the tei~ce ~ with ~ bipingdc~j~~~b~~ rat Julyw Oc3ober foNawfng the Mdex change. ~' ~~• (3) S-~htpr Inde~i NPisase see your Additionai L''s sure s lament An increase in the Index will increease applcabie Daily Periodic Rants which may Increase tM Ftrtianos Ct~rpa due to er~ry ecxount. b~al rdwe~s, ezdu~ng any mo~tion~al yok introductory APR U~at may eppy, Purchase APR Fw credk card purchases, the Spread (fw variable rates) APR Addiponal us ~ ~me~c Rete are diadosed ~n the 4 J f~asl~APR-- - _.._ _ _ _ _ . _. ' Forc~h the_Spread (for variable ratbs), APR and Addid~l Discloauro PPStattsen~oam~ Ra6s are dfsdosed in the Dsdierdt APR tf your Account has a Detauft APR ~~~~ion the Default APR and ~ndffimu thaw may cause a DefauR AaR to take efFed asp we ~~ tea sere d~iscfose~d in aUie Additiorrsl Discosure Statement. Promotional a~ Introductory APR At our discretion, wa may offer you a Promotional or Intrvducmory APR for any type of trensaction. The Promotional or I~APR, corresponding ~ Pa y period d time wtdch the Pronwtional or ntrod apppes, and oondRons by which the ppromotiorrat period may bs strortaned ere diedoaad in the otter. Csrta~ prarational otfxs may or may trot be wb~ot to Cash Advance Foes. Any Promotiond or Inlrodu~R offer will be subject to the terms of the offer and this reement Finance Charges Finance Charges are the toW of the greeter of (a) Minimum Finance Cho or (b) Parlodk Flnanos Cha~~ and en appKcable (c~Cash Advance Fee Finance Dharges (d~ rFOreign Trenaaction Fee Flrrence Ch (e) Credtt limit Increase Fee Flnanee Charyes ( MonM~y ~#airrtenance Fee Fsrance Charges (g) Overdraft Fee Finance Charges, and (h) any other Finance Charge(s). Please see the Additional Disclosure Statement for applicability an/d~amnount of the following Finance Charges. (aasaessed in ~ of a I~aer p Finer b~NCmB cycle in which a periodic Flhance cCharge is ~. on ~tk~, on r~u cxedlE or fire currant t Dams for that i~~ ~bY hs fib iii ~fro~m (2) ~ c ec cs . eriiodic dFhrsncei~Ci-arges ern to awe on the data of the transaction and conlJnw to accrue :, until payment in full is credited to the Account. Thera is no Grace Period on cash advances. r Periodic Finance Charges wpl be cak;utated using the Daily Periodic Rate in etl`ed on the statement dos[ng date. You may request a change to your btping dabs no more than once a year. You agree that cha s based on your request may shorten ar~y Grace Period you may have or crease the time period for which periodic Finance Charges may accrue. An fee Finance Charge maY cause the APR on the bilpng I statement on whk:h the fee Finance Charge first appears to exceed the nominal APR. fc) Cash Advance Fee Flnance Charpes..Cash advances ndude ail advances to gel cash over the through an ATM, balance transfers (tf available)), rxedrd checks (if available), or other 'cash-11ke' frensadions (such as purchasing a money order troveters d~edc, csaFno or betting chip, or a tottery ticket) as c(etennined by us. A Finance Charge will be computes on the amount of each cash advance as of tfie date of the transaction. ~d) Forslpn Transaction Fie Finanw Ci~arya. A Foreign ransactlon Fes Finance Charge is assesagd on transactions made in a foreign currency. Your bluing sh~srrtant ~vpl pat the Fan~cpoCnhs rgseparately from the Foroiga Trar>sactbn Fea (s) Cned/t Umlt Inoraaae Fee Flnanw C M you request .and era e~pproved far a aer~t pmlt increaseha~CLu 1~, a CLI Fee , Finance arye maybe assessed to your obo nL (~ lldorrthly Maintenance Fee Flnance ~Chsrr'pas. A Finance Charge that ~ie assessed to the Account for baoh biping cycle wheneverthat Axount is dosed with a debft balanr~e. (g} Overdraft Fee F/Hence Cho as. (Applicable only to BC Credit Card accounts provid~yy overleaf{ protection to designated NSBC Bank USA, N.A deposit acx:ouMs), tf you requested overdrefi privileges, we will lend you from your (t) acaue an Ptransec:tlon~an~d due b aocxue availabte--cash-advance-credit-limit-the- amount-needed to ---- cover any overdraft clue to insuRident funds on the designated dsposR account. We wiN trara<fer to the deposit akxarnt the amount of fhs overdrolt minded to the next full dollar. We wig not make a transfer ff you do not have suffident unused o»dit available ~ ere de8nqusnt hsrsunder.'In that case, the overdraftt will be subJsd to the usual deposft ac~unt rules and tees. Under no dr+cenrotanoss shall any such overdraft be allowed to exceed your avaAab~e Credit IImiL You I understand that we have the right to cancel this Account or your overdraft loan privileges at any tkne. ! We may add an Overdraft Fee Flnarxx Charge to your Axount ff your ACOOUnt b utMzed to corer ~L~ evverdreft on your desfanated~ akxount. An OverdraftPee Finance Charge wiq bee on the amount of each ovarbraR transadion. j (h) See Additional Diedosuro Sfa~rnent for any additional FF=~inance Charges that may be appYceble to your Account ACCOUNT FEES . Please•see the Addttlonai Disdosuro Statemeryt.~for app{icablNty and amount of the io@ovving fees. Annual Fee/Parfodlc Membership Fee If your Account is subject to an Annual Fee or Periodic Membership Fee, you agree to pay lids fee each year (or other periodic assessment ff indicated on the Additional Disclosure Statement) your Axourrt is open, or dosed with a balance. You agree that this fee wpl be charged to your Account. ff you doss your Account wMhin the fast 90 days your Account is open, the Annual FeelPerkxf~ Membership Fee(s) are refundable so ton~ as~ you have not used the Account The Annual Fee/Period~ Membership Fee compensates HSBC Bank Nevada, N.A. in part, for ce~riernber services provided or made available to you throughoutthe membership year. Late Payment Fee at Est ~e Mtnimum~ Pa~yme~M,dand~ am notgmt~past due ~ is not paid >n time to be crodlted to the Account by the Payment Due Data. transadion_(t.e.-cash_advana, pu'rohatars..etC.)-~rd.Flnance ~rges ~ y be~%1 ~ ~ bait ~:paymerrt da~at ttie Returned Check Fee . a ~ a aheci4 beis-xx trand+ar~ d~edav~bk) eledrordc d~eok or other Account access devik~ b rotumed unsatisfied by us for any reason. Check By P. hone Fee A Check By Phone Fee is assessed to the Axount each lima a payment is made by tele~one, even ff the payment is made by someone other than you. Stop Psymerrt Fee A Stop Payment Fee a added to the cash advance balance when a ppayment of a credit card d,solc Is stopped at qest. Payment may bs stopped fln a orodt card deck pore $ivinc us in writim or by oaWna us at tt~ tslennene on uw Amount t~lphp atilrErmerrt, so request must include the check rnirt~er, , arirourit, a d~a~te~eof the cr~dit~cya~rnQe~d~e rdecgon wt~yt~ir - ~ to must bde ff a ~r~- to wrf~~Ungg wnhlnl4 clays~writ~enthe~ payment win remain In efFe~ for six martirs unless renew in wig. The address to send a sbn payrrrs~M request disclosed in the Additional Disclosure St~eme Research Fee . A Research Fee >s assessed to the Atxxwnt for each sales slip copy, statement copy and application copy requested. Replacerrrent Fes A Replacement Fee is assessey! to the Account ff we replace a Card .that is kilt, stolen, or dam or ff we Issue a replacement Petaonsl IdentMkaYtion Number (PIN) to facllitate access to Automated Teller Madtines. If a replacement card is requested on a rush basis, we will charge our current fee for this service. Reinstatement Fee A Reinstatement Fee is assessed whenever a request to reopen a closed or blocked Accourrt hs approved. Addlflonal Fees Seethe Additbna! Disclosure Statement for any other fees that may be applicable to your Account. ~FyOoRuEIGN TRANSACTIONS w61 b ~tr~sa~di~on ins axroncy, the transadbn accordance with o re~e aule~rS+~~ in Overlimk Fse , An Ovexlindt Fee is assessed ff the Account balance exceeds theyappUgble credft Ifmff at any time during a billing cycle. We tm this fee even tf we author@e or Impose any charges cause your balance to exceed~the credit lanit. Other Fees and Charges Refumed Payment Fee A Retumsd Payment Fee is assessed to the Account each time a payment automatic pa)mient d~udion, .or other payment method is not bore or le returned unsatisfied by the bank or othx 'firiandal hwtikrtlori. Any payment returned unsatisfied for any reason may be ~teposted to any type of ~e in e1f~t at the time thus is processed. Additiorial~Duro S~'tatsm~ Ths N workmmeeyy ~iang~e the procedures, from time to time, at its own dtsa~on. 8 ---'` --ACCOUNT-REN[WAL, CLOSURE-. _ -- . AND TERMrwanON Card Renewal Cards aro Issued with an sxpirstlon dad. We have the right not to ronew your Card for arty reason. ' Closing Your Aecourrt You can dose your Account by wrttlng fp us. Your Account and wUl subj~ toe ~ tams~ar~ anoor dftb~ns i of this Agrssrr»nt You also spins to destroy your Card(s) and any unused aredk kxrd •d,«*t. We wIN not honor any credit card deck written on your Akxxxrnt or authorize arty trenpabns aRsr your Aocxxud it dosed. The address to Ad~dlUon~al Di~sdr os a meM.A is dfadosed in the Accourrt Closure We may dose your Account, suspend your kxedit privileges; or reduce your credR limn at any time and for any reason, subject to the rsqukemerrts of apppcable Itw. In any of these events, r Account balance w~l • continue to ackxue Flnance and fees urdNp~d in full, and wiq remain subject to eN ierrtrs and kxrnditbru of this Agreement ff we dose your Aixermt. you agree to destroy your Card(s) and an unused credit card checks. H your Account has been closed, or your kxedit privileges are suspended, you may not use your Card or credit card drecks. . Default You wql be in defeuR under this Asntement iF (a) you fa8 to make at least the Current Payment Due in time fo be credited to your Account by the Payment Due Date; (b) violate any k~lher pprroo~v~sink of this Apreemer~ (c) you die• (d) you become aublskx to banknmtcv or insdvencv oroceec)inos: (el iati; we reoehro mtomrsoon from third parties, l ~~epsrrdes, Mfiidr kkdicate a serous ncy or with other aeditors; ( )you faA to us a phyaipd address; {h) you exoae~ your credft roar payrnsnt fs retained urros~iied by your bank or tnaal krstldrtlon for arty reason; or (~ any crodlt card retained unWid krs. Upon deiswk, ws have the dose your •Accou to tenn~ts or suspend .your ivilsges under th~,q~ reemsnt, to duntieytohua terms ire ~ntk amt~b~arwel~~' ail s~k~yod but uthnppe d ley usmmsdi~ t b~alar~~i wll~conUnua ~ olfyou Charges and fees ~in ik~l and wGl remain f sut~ject to aA terra and d Chit Agrsemer .we we you, or if we hhe a third parb+ to kwliect your Ackx balance, you will pay our court , ieesonable .attomi fees and ether ooAedlon kxrets related to the•defauft to we wiMapply your~paymerrts t Ito a~ttortieys~fees a deo~ costa and then to principal and unpaid Finance Charges. 9 ---Security.Interest-_.___.------__ ___-- If you have not oomplsted a Beautify Agreement for your Account, we are extending you an unsscurod line of.credlE H you have oompletbd an appifoatlorr and A~resmerrt ' for a ssamt aaxurrt, the ttrrnt and ax~ oorttafied pwssllhinti~sWra~pha~lYtoy~otrrAooount.Asytoryour the rs~ pi ry~tu ~~a~dkp~u~ ~ ~a • -"- -at1d Barry a ~ut p~-lortty~IMet+a~in~'nsy r~iow and in the deposit wMh ttre bank dbdowd in the `Additbrgd Disdowrs You autfrorizs us to restria wllhdrawalt from your Aooount uMN tech thne as this Account is doted and your IndebroteNnets is fully satietied or untlt this Akxourrt b otl~srwlts modMsd (b~yy us. ff you exceed you credR qmk, or otiterwlss dsfauk under tfie feints of yotu Agreement, of tf this A~tarrrtnt it omaslirad by you a us ~adrva~iropesnyomece ~ you e~atlp~a ~1 ~ oa~rt d yourDspoeit~Acv count uthnd~er this MAcoouat ant d oti~t of any and all amounts oMred y ~ secured kuedit a9rd aaxunt In addMion we may use ~ other remedies pertrritted or otl~rerwite avatieble to us. ff tM amount In your Dom( Accornrt is not suMk~ent to retire ell abNpatlont incurred r+efabed y~r Account, you agree to .pay the amount .owed to us CREDIT CARD FRAUD Lost or Stolen Credlt Card or Account Checks You agree ~to notify us immediately if your kx~sdit card or credit card chedks are lost or stolen. You may nott~~yy us by calling us at the phone number disclosed in the Additional Disclosure Statement Uabllity for Unauthorized Use You shared retain copies of ap d'rarps,aihx urrtp you receive your !d u~ of your cruet card. You wAI rid be ffabb•for sd use thsE okxurs af6tr you nd~jr w of the kua, theft •unauthorized use. Nollkrallon must bs phnrr either . a ~ or~rxlNnO us a€'1F s ttl oho~ni nk~urre~ unaud u ~ ~ a m wrinrtp, m cas, your to your kxedit ostd wRl nd e~rosed rBs/ h theme Addi otral Diacbturs Statedmsn~t Y~rtra ~~ cab us at the tebphone number Acted on your bA~r-g statement PERSONAL INFORMATION Change of Name, Address, Telephone Number or Employment . m~lingaddthn~ ~iu~ a ' 10 ~---updated-FlnanciaFand Other-irrfonrradon-- -- you agree to promptly p1v~e us accurate finarxdal and ~ Ir-formatlon about yourself. ! Credtt ti~ortln~ . i °^~ •reP~D If a~ sp~cmrdorrnetlon rblatad to I Axaxrt tr~rni one aedlt experience with ue is ' a~ ~ ~ ~ : correct the inactltxate a~erxy t,y wrltlng a< o~ tom. j ~ Vegas, NIV N g3. ~ Certain Privacy Practices Y~ ~u~ that from tlms to tkne we may receive credk 8 born other, each as stores, other -otticers;-directors; agente~ and empbyes~ You agree arty ciatrn; ~ Y (~sihar bawd upon carrtrar~ tort, cora~IttBort: statute; correrrorr levw or whether Prrrg. Prassrrt or future), trx~irrg arising tram ax~~aa-dakns and thkd ar(y dafms .~arhtcralbn~a or the n~ ~+~t~ ~tt~ereort! e sr~e Agraarrrantt ('~+"b ahsN bra neoMri"upon the ekctlon ~~' a~'~pPrr to this arbitrat~n int~tlrr~a tl~s ~ ~"~ 1t~a'00dt~n,~ a~Mtrpn~' Aa tr~agon Faten pR ~~stW n ~our~arbltr'sEe err N1~+Arli~~N t a °~8 no two emaw oiaims coat ar an ant court, ~ ~ ~Y iMorm~On b~a~~you impend yair' c~aedit~ ua this agree ~~~aprflneM® ofMObr~ V may • residence addr+esa !ti ~, should it bsoxne i you. You~that our supervfaory personnelmay B ~enda~ under to evaluate ~ qqu~uaalnO N to yc~u send to ~ cardmerrrbers. For addtllonat 6rforrnadon regardifrg our privacy Prec~es. Phase refer to our Privacy Statement ADDITIONAL TERMS .Change of Terms (Including Finance Charges) NAF' Ar~4A~ anrf JAA78M ~t court The niles~ind forr~ix oaf the org~orrs at ire ~~ Aae ~ tad~sfar . servk» d_pr~aa urxisr this provlMon to li6BC Card SeMces Inc., P.O. t3coc 9ti74p, Lae Vegas. NV t~'lg3-8740. A~~rlidpalory arbitratbn hearirry that you attend wg take place dly nearest W Your reeidlrros v+Arsrs a federal dtsbict court is kica6ed or at such other by y~ per. ~ . any CNdmm you 11e, you wiM ~~~~~0 dthe fpng fee. At your . request we wAl . the of the fitng fee and arty administrative or h~in9 fees charged by the arbitration ~~ss°~n~' ~'n~ bY~YopauyN arbi~ to a to the erbibetlon ate. we wti c~or~sidsr~a ~ ~Idi ~ part of 9~e add~t iees~ however, we shag ~ _ ' arty addltlorrat teas anises the arbitrator grarrts• ~ ~>~~ the arbitrator an award in your favor, we the arbitration a~dmlrrts~Vabor up ip am~aurt of ~ ~1ha would have bean ~'Aed If the Gatrn had been for fhe ~ ~ ~b~~. The parties shsN bear ott-errprovided by law ff a .stefute~ • y~• ~ ~ f9o[fvwr arni of f~ ~ ~ ai_ ~ _ • arbltratlOn_ ~ Or tOr YYhlch we arBSppnSlble~ ~ ~ erbttra Nn. fbn-sgnesrt-ent is made punruarrt to a tranaecli~ p~tMStata oomrnsros, and shsl bs governed byy the Arbitration The 9• U.B.C.13actions 1 - f6 (the "FAA. • Please see the Additionei .Disclosure Statement for `~ ~ FAA end plro~i~ ~~~ ~ COt • appikxbility to your Acx~unt ~condppu~N~ons of Isw.1'}rs arbN~pYs ~ ~ ~ ~a~ 'the wept as aentdCsd by the FAA. The parties agree . This arbitration provision, ahal to Gain against us, that award shah be kept aonfkler~tial. Jud merit upon the and to each of our parerds, .~. a ~ award maybe entered in any cxwrt having jurisdiction, p~rovkl~r~~a rreew~co and with this • . assigns, and ea of their . • 1f ~ . .. What To Do ff There's An~Etror In Your Bill You maY contact, obtain the arbitration rules of, or file a Clalm with NAF, AAA or JAMS as foflowa: Natkxrai Arbitration Forum JAMS P.O. Boot 50191 45 Bros MinnespoNa.mMN 55405 o o ~ New Yjsrt~isadr.~ 5 ~ de f Prooe~d FM mrdal Servkxs Arbl6ation Rules and Procedures Amertpn Arbitration Association 1150 Connectlart Ave. NW 6th floor wiwwroorng, DC 20036-4144 Arbitration(( Rules for Consumer Commerdal~Atb~itraUo~n Rules 00) (all other claims). Assignment of Account We may sell, assign or transfer your Agreement and Account or any portion thereof without notice to you. You may not sell, assign or transfer your Account. Waiver We choose to delay enforcing or waive an of our rights rsrder fhis Agreemarrt m certain sidoaBorrs. We can delay entordngg or waive arty of our riptr~ without a~Cting our other rights..lt-we waive a lr ght, we do nd ther~y waNe fhe same right in other situations. Severability If any provision of this Agreement is'flnagy determ~ed to be void a unenforceable under an law, rule or regulation ail other provisions of this Agreement will remain valid and ent?orceabls. APPfipble Law fa~w an8 the I~awa the~statetva~da whefhe~ o~not you live in Nevada and whether or not your Account fs used outside Nevada. This Agreement is enbrod into in Nevada and aq rxec9t under this Agreement will be extended from Nevada YOUR BIWNG RIGHTS - (KEEP THIS NOTICE FOR FUTURE USE our r~sporisibes unmder~the Fsir ~ Add, r rights and NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR BILL If you think your bill is wronp~ or H you need moro inbmwtion about a transaction on yiwr b~ wri~a to rn (on a rate shoat) at the addrosa Nstsd on your sfa6smsnt W~us a6 anon as possible. We must hear 1bm~ no Mtu than 60 days after we seat you the !fret bm on winch s error or problem appp red. You can telephone us, but doing so wiq not preserve your hts. Please indude the following krfortrwtfon in your latter. • Your name, account number and signature; • The doper amorurt of the suspected error; and • l~saibe the error and explain, M you can, why you beieve there is an error. if you need more information, desraibe the (tam you are not sure about. ff u have authorised u~e to~ pay your Account bill automaticapy your savings or dreoking arxount, You can stop the payment on any amount you think is wrong. To stop the payment, your letter must reach us three business days before the automatic payment is scheduled to occur. YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR WRITTEN NOTICE: We must admowtadge yyour latter within 30 days, unless we have corroctsd fhe error by then. WMhMr 90 days, we must either correct the ~ or explain why we believe the bill was correct. After rtre roceNe your letter, we cannot try to coiled any amourrt you question, or roport you as We can oontirrue to bpt you for the amount you question, Finance Charges, and we can apply arty unpaid amount your Credit mfL You do not have m pay any rluaatlor»d arnourrt whAa we aro bfl~not~ni queues one obligated to pay the parts of your ff we fireaWrr~~yythat we made a mistake on yax btfl, you wiA not have ff waydidr'tF ~ceaCh~rNaled b any oned smourrt. Charges, and you win have to Wray I s r~ ~,haw~~ ppay~l ~n~ . the questtorred amount In siihsr pee, we wiN send you a statement of the amount you owe and the date ft is due. 13 14 j If you'ial to the •amount we thirds you Dove, ~we may report you , _ -HcreF;(Fau~~lanationdoes-not-saiiefy-yourand- rTNrst ~ m us Within teen days telNng us you still refuse to pay we YOI~r l~il. ;~ mLrst ieA you file thn~et d enhyaoVnee° q~ureP~ed You t0 {~ ant d fhe dispute, we must tali everyone we report you to ffiat the matter has been satlled. tiw~p don't ioliow these rules, we can't collect the first $50 d the questioned eunourd, even if your btfl was coned. . SPECIAL RULES FOR CREDIT CARD PURCliASE3 fl you have a pproblem with the qualky d or ~ervic~es you purrdtassd wl9i a credft card, and you have ti ~ good faith to correct the problem wffh the merchant, you may heave the right not l to pay the remain~inngg amount due on the property or services. There are iwro Iimltations on Phis right: (a) You mutt have made the purchase in your home state or >f not, within 100 miles d your cxrrrent mailing address. (b) The purchase price must have been more than $50. These limitations do not apply if ws own or operate the merchant, or if we mailed you the advertisement for the property or services. HSBC Card Services Inc. and/or HSBC Card Services rrII Inc. provide processing services for HSBC Bank Nevada, t7.~. You may write to us at the address shown onyouur billing ' statement or HSBC Bank Nevada, N.A., 1111 Tyewn Center Drive, Las Vegas, Nevada 89144. . ~_ Thomas M. lGmbla Executlve Vke President HSBC Berik Nevada, NA • , February 1, 2006 Isara~ssaened mark d V>sa International end Vlsa U.S.A f , international, Inco~rpod ~~ d ~~~~ ' ®2006 HSBC Bank Nevada, NA AG2505A (12/t)6) CI • Customer Service: 1-800-885-6895 ' Peymenl Address: PO Box 5235, Carol Stream Il 60187.5235 Mail Billing trlquiriss ro: PO Box 729080, Dallas TX 75372-9080 Days In Bainp Cycle: 31 PaymsM Due Dats: 05!24!!2008 MAURA K OLEAt2Y alii r. Y int. PREVIOUS BALANCE 51,005.08 ~ ~ Y008 PROGRAM POINTS TOTAL PURCHASESIDEBITS ' PREVIOUS POINT BALANCE 0 TOTAL PAYMENTS SO.00 SO ~ POINTS EARNED 234 TOTAL CREDITS ' 52 518 POINTS REDEEMED 0 FINANCE CHARGE . 9 00 POINTS AVAILABLE 234 OTHER FEES . 52 NEW t3l1LANCE 51,052.88 2007 POINTS EXPIRE 3!01!08 PAST DUE 5834.00 TOTAL MINIMUM PAYMENT ] DUE 5973.00 { CaaTOn free 1~tla~11CNCLEor vNltlnCNd~.wmNr asNNanee. wCIrCleMweNe POlete eh rrol eanad on M7t N dNfwry laid NecpNna: I eaur axtluNaa lacy -PMr. Pleosr see reverse for Itnportant ldisebmres, bcludlns ghee period Infortaatton. t~~t#t!4!~':!~!l~Ai~!;N( .. 4at04r u!¢?!~~ s's .... i ~ 'ss € € € s i i i 's ~'s ll Trans~tbn Transsction De Refsronee N! Amount' i DtNe Credit Plan 04102f2008 LATE CHARGE ASSESSMENT 328 00 TRANSACTION TOTAL . BILLED FINANCE CHARGES 04!27!2008 TRANSACTION TOTAL 518.52 . ........ F. I Its11a ........ ~ttuy~e: s r ..••••.••..•::~ anNrul-Y.:: - :::::::iiiiiEii:iiiiiii:iii ::::::................::::: :Eiiii:iiii:i:ii:ii:i :.................... ii::::::::::::iiiiii:iii:~':: ..................... :::';:::ii i:':iiiilEiii:ii ii:iii:iii:: promoli P Average Dai i Deily CiAii'!1r P i dk .. E i i i4f1l~J4t E S ~ . NAR!}E>! ~.. C Detxred FINANCE Nsw Minimum Payment Typal Croda P Porch Date Expfraeon Dots ry otr rev Bdenw Balanco tx o : Rate ... ~ p' ~ : i i CNARCEi Batancs Dus saw wa wa I st.orooe s+.ose.z o.osTSax zto0x zt.txnt sieez wa s~,o5z.5e sera. ooeor.o+ PAGE 1 OF 1 012700148111 rtesee norm wuawn v.a... wrKr eo.•• w~....••• Neiman Marcus Customer Salvias:1.800.885-8895 ACCOUNT NUMBER NEW BALANCE PAYMENT DUE DATE TOTAL MMIMAUM PAYMENT DUE awe-SOOS•1533 MAURA K OLEARY 3310 MARKET ST p CAMP HILL PA 1701 / E 701144426/ Nwr Address or Phwts NI and enterYOtu rNwinlt>rmet S1,052.58 05/24/2008 ENC O EOsL_I~L_1LJ~1•~ Pleaso eomplNeuskg biadt w txw Ink arty. Make ahetda psyeblslo Neiman Marcus. kidude your account numberon your check or moneyordsr. NEIMAN MARCUS PO 80X b235 CAROL STREAM IL 80197-5235 ih.oax /601975235354/ 00105258000973000000000049250051833000042 ~.,7a~K b r , r' r r' r ? I r • Ir r Er r r n- Cr C', ? Postage $ r%- Postage rn (TI --- Certified Fee Certified Fee p Postmark E3 Return Receipt Fee C3 Return Receipt Fee - Here C3 (Endorsement Required) 0 (Endorsement Required) p C3 Restricted Delivery Fee Restricted Delivery Fee p (Endorsement Required) p (Endorsement Required) - rD co Q M Total Postage & Fees 9i M Total Postage & Fees $ p C3 Sent To IT Sent To 1 ' `? s O C3 ?.: t ...---•--•-•- p Street, Apt. No.; -_.reet, °-- Apt. or PO Box No. 1?6 oSt No.: ^? ?'` or PO Box No. a , r/ °•°. °° ......................°-- - p City, State, ZIP+ - ------------ City, State, +4 J A I V? Postmark Here Yl? ??0 ul.Y `_. C..Y.f ...................... .............................. COMMONWEAL T H OF PENNSYLVANIA COUNTY OF CUMBERLAND ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ® a copy of the Notice of Appeal, Common Pleas No.10-7346 CIVIL, upon the Magisterial District Judge designated therein on (date of service) 12/3, 2010, ? by personal service ® by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) MAURA OLEARY, on 12/3,2010 ?by personal service _ ® by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 3RD DAY OF DECEMBER, 2010 ` &gna ure of official before whom affidavit was made a®? EP L SEAL ICONE ublic Ll [SCRANTKW ANN a COUNTY ires Apr 2, 2014 Title of official ssion expires on , 20 My commi AOPC 312A - 05 C27 - r- -Orr, te OD t- ? r - - p xr -2- i C=i, 11I-lq -7 p'S -,) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV FUNDING LLC CIVIL ACTION Plaintiff vs. NO: 10-7346 Maura Oleary Defendant C C G . Cn L.,.- I CD v c-) = c? rri so n ° P CERTIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on December 7, 2010 the below named District Justice received and signed for the certified mail containing the Plaintiff's Notice of Appeal of the District Justice Judgment. District Court 09-1-02 Honorable Robert V. Manlove District Justice 1901 State Street Camp Hill, PA 17011 Edwin A. Abrahamsen & Associates, P.C. BY// V V / / " Michael F. Ratchford, Esquire Attorney I.D. No.: 86285 120 N Keyser Avenue Scranton, PA 18504 (570) 558-5510 C-) o " mom' C:) rm- -' 'Qrn ev -? a o --i*o ° o -0 ? :z: Z C - > U"I 7 70 -ti w .d ¦ _ i 30 ¦ We CM ? °¦ #0 , 0* card ? to You. t of the MW4*m, or on the front if spwo ,. nrctcte,?o,„ee,dto; DISTRICT C Igols CAMp TA TE T R 7,09-1-02 HILL, pA 17011 2. ode N UMbw X81 S..im.... 7009 Q0A0 -XQ4.Llt- CJ Am by (70M*7d Abr"W --Z? -?Z a aft of 0. Is d*,wy b, . aNO & Type IXOWftd `W o sww raw Rogmwed ? thmmad MW &hmt b? QG.Q.o. 4. ResbiclW w ry? ix rvFeel C3 ?vft? 3789 9864 "aft"NW,S,,, LVNV FUNDING, LLC, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10-7346 MAURA O' LEAKY, Z rn rn Defendant Civil Action cnA 0= ° c . ? mac' '?, ?-+z v c? =;F3 P CERTIFICATE OF SERVICE N rt ? c? Cn I, Amy Hirakis, Esquire, of MidPenn Legal Services, attorney for the Defendant, Maura O'Leary, hereby certify that I have served a copy of Defendant's Preliminary Objections to Plaintiff's Complaint on April 20, 2011, and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Michael F. Ratchford, Esq. and Heather K. Woodruff, Esq. Edwin A. Abrahamsen & Associates 120 North Keyser Ave Scranton, PA 18504 MidPenn Legal Services Date: '20 /( ,,, !? -1A dtz?- Amy Hir s, Esq. Attorne or Defendant Supreme Ct. ID No. 310094 401 E. Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400, ext. 2513 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV Funding LLC, CIVIL ACTION Plaintiff vs. NO: 10-7346 r- -µ- `' Maura Oleary, v c-? == 20 Defendant v PLAINTIFF'S RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS Plaintiff, LVNV Funding LLC, by and through its attorneys, Edwin A. Abrahamsen & Associates, responds to Defendant's Preliminary Objections as follows: 1.- 27. Denied. The allegations of Defendant's Preliminary Objections are conclusions of law, which are deemed denied. To the extent a further response is deemed necessary, Plaintiff denies that its Complaint fails to satisfy the Pennsylvania Rules of Civil Procedure in any manner, and particularly not as alleged by the Defendant. To the contrary, Plaintiff set forth with particularity the allegations against the Defendant and attached the cardmember agreement which is the writing that governs the parties' agreement. Additionally, Plaintiff denies that the Complaint is deficient in any manner, and particularly not as alleged by Defendant. To the contrary, Plaintiff set forth with particularity the amount owed, the date the account became delinquent and Plaintiffs right to collect the debt and attached the cardmember agreement which is the writing under Pa.R.C.P. 1019(i) that governs the parties' agreement. Such allegations satisfy the Plaintiff's pleading burden. See Opinions of The Honorable Terrance Nealon in Commonwealth Financial Systems, Inc. v. Michelle Barnard, Lackawanna County C.C.P. Civil Action, attached hereto as Exhibit "A "; The Honorable Hiram Carpenter in American Express v. Josephine Peyton, Blair County C.C.P. Civil Action attached hereto as Exhibit "B "; and The Honorable David C. Klementik in Commonwealth Financial Svstems, Inc. v. Jennifer L. Ruing Somerset County C.C.P. Civil Action, attached hereto as Exhibit "C ". WHEREFORE, Plaintiff respectfully requests this Honorable Court to deny the Defendant's Preliminary Objections and such other relief this Court deems just and equitable. Respectfully submitted, BY: Ed n A. amsen & Associates, P.C. Michael F. Ratchford, Esquire Kevin J. Cummings, Esquire Attorney I.D. Nos.: 86285/209660 120 N Keyser Avenue Scranton, PA 18504 (570) 558-5510 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV Funding LLC, CIVIL ACTION Plaintiff vs. NO: 10-7346 Maura Oleary, Defendant CERTIFICATE OF SERVICE I, Kevin J. Cummings, Esquire, hereby certify that I caused a true and correct copy of the Plaintiff's Response to Defendant's Preliminary Objections and Memorandum in Support thereof was served via first class United States Mail, postage prepaid on the date set forth below upon the following: Amy Hirakis, Esq. 401 E. louther Street Ste. 103 Carlisle PA 17013 Date: BY: Edw' A. rahamsen & ssociates, P.C. Michael F. Ratchford, Esquire Kevin J. Cummings, Esquire Attorney I.D. Nos.: 86285/209660 120 N Keyser Avenue Scranton, PA 18504 (570) 558-5510 0 ',J INL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANINIIZ AO'r 24 I' LVNV FUNDING LLC CUMBERLAND( CIVIL ACTION PENNSYLVP Plaintiff e c vs. ,,,,r- ;..., NO: 10-7346 Maura Oleary 'cam 2> n =O _ Defendant CERTIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on January 18, 2012 the below named Defendant received and signed for the certified mail containing the Plaintiffs Notice of Appeal of the District Justice Judgment and Complaint. AMY HIRAKIS 401 E LOUTHER ST STE 103 CARLISLE PA 17013 ATTORNEY FOR : MAURA OLEARY Edwin A. Abrahamsen & Associates, P.C. Michael F. Ratchford, Esquire Attorney I.D. No.: 86285 120 N Keyser Avenue / Scranton, PA 18504 (570) 558-5510 ¦ Complete item 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ??- ??ga Amy Hirakis 401 E. louther Street Ste. 103 Carlisle PA 17013 RE: MAURA OLEARY A. Signature X ? Agent B. Reed 15y (Printed Naffie) C. Date of Delivery D. Is del' ery address d' nt fr"l1tbm1!I?JW?F If YES, enter delivery address below: ? No It 3. r=Remgi'epred Mail ? Express Mail ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number 7010 2780 0003 6 81-3 3531 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Rer*pt =r2 M-1540 Postal CERTIFIED MAILJ, RECEIPT rl (Domestic M Ln For delivery information visit our website at www.usprs.como?, M M r-1 CD Postage $ .A Certified Fee M Postmark C3 Return Receipt Fee Here C3 (Endorsement Required) Restricted Delivery Fee O (Endorsement Required) co r?- Total F ru a Sent To Amy Hirakis 51 O LStreeet"' 401 E. louther Street Ste. 103 -------- Carlisle PA 17013 ........ RE: MAURA OLEARY PS Form -.1 U11 IUU?