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HomeMy WebLinkAbout11-3940PAUL J. KLEMM, ESQUIRE NUDELMAN, KLEMM & GOLUB, P.C. 425 EAGLE ROCK AVENUE ROSELAND, NJ 07068 973-618-0000 ID # 92125 ATTORNEY FOR PLAINTIFF Midland Funding LLC V Deborah Kone NOTICE CUMBERLAND COUNTY Plaintiff(s) . t Defendant(s) rv -771 r-r, C :) -< 1 ?-1 - i J COMPLAINT IN CIVIL ACTION rc c1 -t, x-', , YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. -' C-) ?. AVISO y tv`? USTED HA SIDO DEMANDADO/A EN CORTE Si usted desea defenderse de las demandas que se presentan mas adelente en las siguientes paginas, debe tomar acci6n dento de los pr6ximos veinte (20) dias depuds de la notificaci6n de esta Demanda y Avios radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqua en contra suya. Se le advierte de que si usted falla de tomar acci6n Como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAD QUE CUALIFICAN. Cumberland County Bar Association Cumberland County Bar Association 32 South Bedford St 32 South Bedford St Carlisle, PA 17013 Carlisle, PA 17013 (800) 990-9108 (800) 990-9108 S Qom} tiQa.ob Pd alk? * -30 40 ( V* a 5 Pq7 S STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND Midland Funding LLC 8875 Aero Drive San Diego, CA 92123 Plaintiff -vs- CIVIL ACTION - LAW Deborah Kone, Defendant(s) COMPLAINT AND NOW, comes Plaintiff, by and through its attorneys, Nudelman, Klemm & Golub, P.C., and files this Complaint and in support avers as follows: 1. Plaintiff is the current owner of, and/or successor to, the obligation sued upon, and was assigned all the rights, title and interest to defendant's CHASE BANK USA, N.A. account ************1668 (MCM Number 8536553643) (hereinafter "the account") 2. Upon information and belief, Defendant(s) has a last known address of, 832 LISBURN RD, CARLISLE PA 17015-9230 3. Upon information and belief, this action is based upon a written credit agreement entered into between defendant(s) and the original credit grantor. 4. Upon information and belief, defendant(s) used or authorized the use of the account to obtain loans from the original credit grantor for the purpose of obtaining goods and/or services and/or cash advances. 5. Defendant(s) failed to make full payment of the amount owed on the account. 6. MCM's records indicate that the last payment posted to the account on June 19, 2008. 7. The account shows that the defendant(s) owe(s) a balance of $13,721.46. 8. The original instrument creating the account was not provided to plaintiff and, upon information and belief, is unavailable. 9. Upon information and belief, Defendant breached the terms of the agreement by failing to make full payment on the amount owed on the account. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter Judgment in favor of Plaintiff and against Defendant(s) in the amount of $13,721.46, plus cost of this action and any other relief as this Court deems just and reasonable. By: - Paul J. Klemm, Esquire Attorney I.D. 92125 Nudelman, Klemm & Golub, P.C. 425 Eagle Rock Ave. Suite 403 Roseland, NJ 07068 (973) 618-0000 Attorney for Plaintiff MID10909/8536553643 Verification Ashley Hoffman, being duly sworn (or affirmed) according to law deposes and says that I am employed as a Legal Specialist for Midland Credit Management, Inc. ("MCM"), servicer of this account on behalf of plaintiff. I am authorized to make this verification on plaintiffs behalf. The facts set forth in the foregoing pleading are true and correct upon information and belief. MAR I R 2011 Date STATE OF MINNESOTA COUNTY OF STEARNS Ashley Ho Signed and sworn to (or affirmed) before me on MAR 2 R 2011 by (Seal) DARLA GENZ Y Pubf*MmnWta ?OnExgresJan.31,?13 NJ8 NUDELMAN, KLEMM & GOLUB, RC. - Notary Public My commission expires: Page - 3 ? 1011 ININ11IN11 8536553643 AFFINDEBT MID10909 Cardmember Agreement CMA18103 ACCEPTANCE OF THIS AGREEMENT This agreement governs your credit card account with us referenced on the card carrier containing the card for this account. Arty use of your account is covered by this agreement Please read the entire agreement and keep it for your records. You authorize us to pay for and charge your account for all transactions made on your account You promise to pay us for all transactions made on your account, as well as any fees or finance charges. If this is a joint account, each of you, together and individually, Is responsible for paying all amounts owed, even if the account is used by only one of you. We may require that you pay the full amount owed without first asking the other parson(s) to pay. Please sign the back of your card when you receive it You will be bound by this agreement if you or anyone authorized by you use your account for any purpose, even if you don't sign your card. Whether you use your account or not, you will be bound bythis agreement unless you cancel your account within 30 days after receiving your card and you have not used your account for any purpose. Throughout this agreement, the words'we','ui and *our' mean Chase Bank USA, N.A., the issuer of your credit card and account The words "you % *your and'youW mean all persons responsible for complying with this agreement, including the person who applied for the account and the person to whom we address billing statements, as well as any person who agrees to be liable on the account The word'canr means one or more cards or other access devices, such as account numbers, that we have issued to permit you to obtain credit under this agreement. USING YOUR ACCOUNT Your account is a consumer account and shall be used only for personal, family or household purposes. Unless we agree or it is required by law, we will not be responsible for merchandise or services purchased or leased through use of your account You promise to use your account only for valid and lawful transactions. For example, internet gambling may be illegal in some places. It is not our responsibility to make sure that you use your account only for permissible transactions, and you will remain responsible for paying for a transaction even if it is not permissible or contemplated underthis agreement Types of Transactions: • Purchases: You may use your card to pay for goods or services. • Cbecks: We may provide you cash advance checks or balance transfer checks as a wayto use your account We also refertothem in this agreementes a check or checks, You may use a checkto pay for goods or services, to transfer balances to your account, or for other uses we allow. But you may not use these checks to transfer balances to this account from other accounts with us or any of our related companies. Only the person whose name is printed on the check may sign the check. Cash advance checks are treated as cash advances and balance transfer checks are treated as balance transfers except as noted in this agreement or any offer we make to you. We may treat checksthatwe call convenience checks as balancetransfer checks. However, checks that we call convenience checks and thetwe indicated to you are subject to the terms for cash advances,may betreated as cash advances and assessed cash advance rates and fees. • Balance Transfers: You maytransfer balances from other accounts or loans with other credit card issuers or other lenders to this account, or other balance transfers we allow. But you may not transfer balances to this account from other accounts with us or any of our related companies. If a portion of a requested balance transferwill exceed your available credit line, we may process a partial balance transfer up to your available credit line. • Cash Advances: You may use your card to get cash from automatic teller machines, or from financial institutions accepting the card; or to obtain travelers checks, foreign currency, money orders, wire transfers or similar cash-like charges; or to obtain lottery tickets, casino gaming chips, race track wagers or for similar betting transactions. You may also use a third partyservice to make a psymenton your behalf and bill the payment to this account • Overdraft Advances: If you have an eligible checking account with one of our related banks, you may link this account to your checking account with our related bank to cover an overdraft on that checking account under the terms of this agreement and your checking account agreement. Billing Cycle: In order to manage your account, we divide time into periods called'billing cycles'. Each billing cycle is approximately one month in length. For each calendar month, your account will have a billing cycle that ends in that month. Your account will have a billing cycle ending in each calendar month whether or not there is a billing statement for that billing cycle. Authorized Users: If you allow someone to use your account, that person will be an authorized user. You may request an additional card for use by an authorized user on your account If you do so,this account may appear on the creditreportof that authorized user. You should think carefully before allowing anyone to become an authorized user because you are slowing that person to use the account as you can. You will remain responsible for the use of your account and each card issued on your account according to the terms of this agreement This includes your responsibility for paying all charges on your account made by an authorized uses You must notify us to terminate an authorized user's permission to use your account If you notify us, we may close the account and/or issue a now card or cards with a different account number. You should also recover and destroy any cards, checks or any other means of access to your account from that authorized user. Credit Use: Your credit line appears an your billing statements. We may also referto the credit line as a credit limit Your billing statement may also show that only a portion of your credit line may be used for cash advances. Cash advances, including cash advance checks, are charged against the cash advance portion of your credit line, and all other transactions are charged against your credit line. You are responsible for keeping track of your account balance, including any fees and finance charges, and making sure it remains below your credit line. If your account balance is over your credit line for any reason, we may charge you an ovedimit fee as described In this agreement We may, but are not required to, authorize charges that go over your credit line. You must pay any amount over your credit line, and you must pay us immediately if we ask you to. This agreement applies to any balance on your account including any balance over your credit line. At our discretion, we may increase, reduce, or cancel your credit line, or the cash advance portion of your credit line, at any time. However, if you have asked us not to do so, we will not increase your credit line. A change to your credit line will not affectyour obligation to pay us. International Transactions: International transactions include any transaction that you make in a foreign currency orthatyou make outside of the United States of America even if it Is mods in U.S. dollars. If you make a transaction In a foreign currency, Visa International or MasterCard International, Inc., will convert the transaction into U.S. dollars byusing its respective currency conversion procedures. The exchange rate each entity uses to convert currency is a rate that it selects either from the range of rates available in the wholesale currency markets for the applicable processing date (which rate may vary from the rate the respective entity itself receives), or the government-mandated rate in effect on the applicable processing date. The ran in effect on the applicable processing date may differfrom the rate on the date you used your card or account Wa reserve the right to charge you an additional 3% of the U.S. dollar amount of any international transaction, whether that transaction was originally made in U.S. dollars or was made in another currency and converted to U.S. dollars by Visa or MasterCard. In either case, the 3% will be calculated on the U.S. dollar amount provided to us by that entity. The same process and charges may apply if any international transaction is reversed. Refusal toAnthorin Traasectilons: We may, but are not required to, decline a transaction on your account for any of the following reasons: • because of operational considerations, • because your account is in default, • if we suspect fraudulent or unlawful activity or, • in our discretion, for any other reason. We are not responsible for any losses 9 a transaction on your account is declined for any reason, either by us or a third party, even if you have sufficient credit available. For online transactions, we may require that you register your account with an authorization system that we select We will notify you if we want you to register. If you do not register, we may decline your online transactions. Refusal to Pay Checks: Each check you write is your requestfor funds. When we receive a check for payment, we may review your account to decide whether to authorize that check. We may, but are not required to, reject and return unpaid a check for any reason, including the following examples: • We or one of our related companies Is the payee on the check. • Your croditline or cash advance portion of yourcreditline has been exceeded, orwould be exceeded if we paid the check. • The check is post-dated. If a post-dated check is paid, resulting in another check being returned or not paid, we are not responsible. • You have used the check after the date specified on it • You are in default or would be if we paid the check. Lost or Stolen Cards, Checks or Account Nwabers: If any cord, check, account number or other means to access your account is lost or stolen, or you think someone used or may use them without your permission, you must notify us at once by calling the Cardmember Service telephone rximber shown on your card or billing statement Do not use your account after you notify us, even if your card, check, account number or other means to access your account is found or returned. We may terminate or suspend your credit privileges when you notify us of any loss, theft or unauthorized use related to your account You may be liable if there is unauthorized use of your account from which you receive no benefit but you will not be liable for more then SKM of such transactions, and you will not be liable for any such transactions made after you notify us of the loss, theft or unauthorized use. However, you mustidentify for us the unauthorized charges irornwhich you received no benefit We may require you to provide us information in writing to help us find outwhat happened. We may also require you to comply with certain procedures in connection with our investigation. PAYMENTS Payment Instructions: Your billing statement and accompanying envelope include instructions you must follow for making payments and sets forth the date and time by which we must receive the payment You agree to pay us amounts you owe in U.S. dollars drawn on funds on deposit in a U.S. financial institution or the U.S. branch of a foreign financial institution using a payment check, money order or automatic debitthat will be processed or honored byyourfinancial institution. We will not accept cash payments. Your total available credit may not be restored for up to 15 days after we receive your payment Any payment check or other form of payment which you send to us for less than the full balance that is marked *paid in fur orwith a similar notation orthatyou otherwise tender in fug satisfaction of a disputed amount (conditional payments), must be serdto us atthe conditional payments address listed on yourmonthly statement We reserve all our rights regarding such payments. For example, if it is determined there is no valid dispute or if any such paymentis received stony other address, we may acceptthe paymentand you will still owe any remaining balance. We may refuse to accept any such payment by returning it to you, not cashing it or by destroying it All other payments that you make should be send to the regular payment address shown on your monthly statements. Page t of 6 We reserve the right to electronically collect your eligible payment checks, at first presentment and any representment, from the bank account on which the check is drawn. Our receipt of your payment checks is your authorization for us to collect the amount of the check electronically, or, if needed, by a draft drawn against the bank account Payment chocks will be collected electronically by sending the check amount along with the check, routing and account numbers to your bank. Your bank account may be debited as early as the some day we receive your payment The original payment check will be destroyed and an image will be maintained in our records. Minimum Payment You agree to pay at least the minimum payment due, as shown on your biking statement, so that we receive it by the date and time payment is due. You may pay more than the minimum payment due and may pay the full amount you owe us at any time. If you have a balance that is subject to finance charges, the sooneryou pay us, the less you will pay in finance charges because finance charges accrue on your balance each day. Your billing statement shows your beginning balance and your ending balance {the 'Now Balance' on your billing statement). If the New Balance is $10.00 or less, your minimum payment due will be the New Balance. Otherwise, it will be the largest of the following: $10.00,2% of the New Balance; or the sum of 1% of the New Balance, total billed periodic rate finance charges, and any billed late and overfimit fees. As part of the minimum paymentdue,we also add anyamount post due and anyamount over your credit line. Payment Allocation: You agree that we are authorized to allocate your payments and credits in a way that is most favorable to or convenientfor us. For example, you authorize us to apply your payments and credits to balances with lower APRs (such as promotional APRs) before balances with higher APRs. Credit Balances: You may request a refund of a credit balance at any time. We may reduce the amount of any credit balance bythe amount of new charges or fees billed to youraccount Automatic Charges: You may authorize a third party to automatically charge your a ccount for repeat transactions (for example, monthly utility charges, memberships and insurance premlumsi. If automatic charges are stopped for any reason (including because your account is closed or suspended for any reason) or your account number changes, you are responsible for notifying the biller and paying these charges directly. If your account number changes, we may, but are not required to, pay from your new accountnumber chargesthetyou authorized to be billed to your old account number. Promotions: From time to time we may offer special terms for your account. If we do, we will notify you about the terms of the offer and how long they will be in effect Any promotion is subject to the terms of this agreement, as modified by the promotional offer. FINANCE CHARGES Daily Periodic Rates and Annual Percentage Ratex Your anneal percentage rates ('APRs') and the corresponding daily periodic rates are listed on the Rates and Fees Table that is at the end of this document or provided separately. To get the daily periodic rate we divide the APR by 365, and in effect always round up at the fifth place to the right of the decimal point Ysrhabls Rates: One or more APRs that apply to your account mayvary with changes to the Prime Rote. When you have an APR that varies with changes to the Prime Rate, we calculate the APR by adding a margin to the Prime Rate published in The Wolf StreetJoumal two business days before the Closing Data shown on your billing statement. The 'Prime Rate' is the highest (U.S.) Prime Rate published in the Money Rates section of The Well StreetJournaL If The Wall StreetJoumal stops publishing the Prime Rate, we will select a similar reference rate and inform you on your billing statement or through a separate notice. A 'margin' is the percentage we add to the Prime Rate to calculate the APR. A 'business day is any day that is not a weekend or federal holiday. The Rates and Fees Table shows which rates, if any, are variable rates. It also lists the margin for each variable rate and any minimum daily periodic rate and corresponding APR. Two business days before the Closing Date shown on your billing statement, we see what the Prime Rate is. We then add the applicable margin to that Prime Rate to get the APR. The daily periodic rate is calculated as described above. If our calculation results in a change to a daily periodic rate from the previous billing cycle because the Prime Rate has changed, the new rate will apply as of the first day of your billing cycle that ends in the calendar month in which we made the calculation. If the daily periodic rate increases, you will have to pays higher periodic finance charge and may have to pay a higher minimum payment Default Rates: Your APRs also may vary if you are In default under this agreement or any other agreement you have with us or any of our related companies for any of the following reasons: • We do not receive, for any payment that is owed on this account or any other account or loan with us, at least the minimum payment due by the date and time due. • You exceed your credit fine on this account • You make a payment to us that is not honored by your bank. If any of these events occurs, we may increase the APRs (including any promotional APR) on all balances (excluding overdraft advances) up to a maximum of the default rate stated in the Rates and Fees Table. We may consider the following factors to determine your default rate: the length of time your account has been open, the existence, seriousness and timing of the defaults on your account; other indications of your account usage and performance; information aboutyourother relationships with us or any of our related companies; and information we obtain from consumer credit reports obtained from credit bureaus. The defauk rate will take effect as of the first day of the billing cycle in which the default occurs. If we decide not to increase your APR even though there is a default or if we do not increase your APR up to the maximum default rate stated in the Rates and Fees Table, we reserve our right to increase your APR in the event of any future default We may in our discretion determine to charge reduced default rates or reinstate standard rates for all or selected balances on your account Finance Charge Colealaden - Average 0s11y Balance Me" (including New Transactional: We calculate periodic finance charges separately for each balance associated with a different category of transactions (for example, purchases, balance transfers, balance transfer checks, cash advances, cash advance checks, overdraft advances, and each promotion). These calculations may combine different categories with the same daily periodic rates. This is how it works: We calculate periodic finance charges for purchases, balance transfers, balance transfer checks, cash advances, cash advance checks, and overdraft advances by multiplying the daily balance for each of those categories by the daily periodic rate for each of those categories, each day. You may have overdraft advances only if you have linked this accouatto a checking account with one of our related banks. We calculate the periodic finance charges for purchases, balance transfers, balance transfer checks, cash advances, and cash advance checks subjectto a promotional rate the same way, but we use the promotional rate. To got the daily balance for each day for each category: • We take the beginning balance forthat day. • We add to that balance any new transactions, fees, other charges, and debit adjustments that apply to that category. We add a new purchase, cash advance, balance transferor overdraft advance, if applicable, to the daily balance as of the transaction date, or a later date of our choice. We add a new cash advance check or balance transfer check to the daily balance as of the date the cash advance check or balance transfer check is deposited by a payee, or a later date of our choice. • We subtract from that balance any payments, credits, or credit adjustments that apply to that category and that are credited as of that day. • We treat a credit balance as a balance of zero. To get the beginning balance for each category for the next day, we add the daily periodic finance charge to the daily balance. If more than ono daily periodic rate could apply to a category because the rate for the category may vary based on the amount of its average daily balance, we will use the daily periodic rate that applies for the average daily balance amount at the end of the billing cycle to calculate the daily periodic finance charge each day. This agreement provides for daily compounding of finance charges. To get the total periodic finance charge for the billing cycle, we add all of the daily periodic finance charges for each category for each day during that billing cycle. However, if any periodic finance charge is due, we will charge you at least the minimum periodic finance charge stated in the Robs and Fees Table. If it is necessary to add an additional amount to reach the minimum finance charge, we add that amount to the balance for purchases made during the billing cycle. The total finance charge on your account for a billing cycle will be the sum of the periodic finance charges plus any transaction fee finance charges. For each categorywe calculate an average daily balance (including newtransactions) for the biking cycle by adding all your daily balances and dividing that amount by the number of days in the billing cycle. If you multiply the average daily balance for a category bythe applicable dairy periodic rate, and muldplythe resultbythe number of days in the billing cycle, the total will equal the periodic finance charges for that balance attributable to that biking cycle, except ffor minor variations due to rounding. Ones Period sod Accrual of Finance Chargea: We accrue periodic finance charges on a transaction, fee, or finance charge from the date it is added to your daily balance until paymentin full is received onyour account However, we do not charge periodic finance charges on new purchases billed during a billing cycle if we receive payment of your New Balance by the date and time your minimum payment is due and we received payment of your Nov Balance on your previous billing statement by the date and time your payment was due. This exception or'grace period' applies only to purchases and does notapplyto balance transfers, balancetransfer checks, cash advances, cash advance checks or overdraft advances, if applicable. Transaction Fees for Cub Advances: We may charge you a cash advance fee in the amount stated in the Rates and Fees Table for cash advance checks and cash advances. In addition, if you use a third parry service to make a payment on your behaff and the service charges the paymenito this account, we may charge a transaction fee for the payment. These transaction fees are Huncs charges. We add the fee to the balance for the related category as of the transaction date of the cash advance. For example, a transaction fee for a cash advance would be added to your cash advance balance. Transaction Fees far BoluesTrudera: We may charge you a balance transfer fee in the amount stated in the Rates and Fees Table for balance transfer checks and balance transfers. These transaction fees are Bouts charges. We add the fee to the balance for the related category as of the transaction date of the balance transfer. For example, a transaction fee for a balance transfer would be added to your balance transfer balance. OTHER FEES AND CHARGES We may charge the following fees. The amounts of these fees are listed in the Rates and Fees Table. These fees will be added to the balance for purchases made during the billing cycle. Annul Membership Fes: If your account has an annual membership fee, it will be billed each year or in monthly installments (as stated in the Rates and Fees Table), whether or not you use your account, and you agree to pay itwhen billed. The annual Page 2 of 6 CMA18103 membership fee is non-refundable unless you notify usthatyou wish to close your account within 30 days of the date we mail your billing statement on which the annual membership fee is charged and atthe some time, you payyour outstanding balance in full. Your payment of the annual membership fee does not affect our right to close your account orlimit your right to make transactions on your occounL If your account is closed by you or us, we will continue to charge the annual membership fee until you pay your outstanding balance in full and terminate your account relationship. Lots Fee: If we do not receive at least the required minimum payment by the date and time it is due as shown on your billing statement for any billing cycle, we may charge the late fee shown in the Rates and Fees Table. If the late fee is based on a balance, we calculate the late too using the Previous Balance on the current month's statement that shows the late fee. This balance is the some as the New Balance shown on the prior month's statement for which we did not receive at least the required minimum payment by the date and time it was due. Overiimit Fee: If your account balance is over your credit line at any time during a billing cycle, even if only for a day, we may charge an overiimk fee. We may charge this fee even if your balance is over the creditline because of a finance charge or fee we imposed or a transaction we authorized. We will not charge more than one overlimit fee for any billing cycle. Butwe may charge an ovedimit fee in subsequent billing cycles, even if no new transactions are made on your account if your account balance still is over your credit line at any time during the subsequent billing cycles. Return Payment For. If (a) your payment check or similar instrument is not honored, (b) an automatic debit or other electronic payment is returned unpaid, or (c) we must return a payment check because it is not signed or cannot be processed, we may charge a return payment fee. Return Check Foe: If (a) we stop payment on a cash advance check or balance transfer check atyour request, or IN we refuse to pay a cash advance check or balance transfer check, we may charge a return check fee. Administrative Fees: If ycu request a copy of a billing statement sales draft or other record of your account or if you request two or more cards or any special services (for example, obtaining cards on an expedited basis), we may charge you for these services. However, we will not charge you for copies of billing statements, sales drafts or similar documents thatyou requestfor a billing dispute you may assert against us under applicable law. We may charge, for any services listed above and other services we provide, the fees from time to time in effect when we offer the service. DEFAULT/COLLECTION We may consider you to be in default if any of these occurs: • We do not receive atleastthe minimum amount due by the date and time due as shown on your billing statement. • You exceed your credit line. • You fail to comply with the terms of this agreement or any agreement with one of our related companies. • We obtain information that causes unto believe thatyou may be unwilling or unable to pay your debts to us or to others on time. • You file for bankruptcy. • You become incapacitated or in the event of your death. If we consider your account to be in default we may close your account without notice and require you to pay your unpaid balance immediately. We also may require you to pay interest at the rate of two percent (296) a month on the unpaid balance when we deem your account to be six or more billing cycles past due. To the extent permitted by law, if you are in default because you have failed to pay us, you will pay our collection costs, attorneys' fees, court costs, and all other expenses of enforcing our rights under this agreement. CLOSING YOUR ACCOUNT You may close your account at any time. If you call us to close your account, we may require that you confirm your request in writing. We may close your account at anytime or suspend your credit privileges at anytime for any reason without prior notice except as required by applicable law. If we close your account we will not be liable to you tot any consequences resulting from closing your account or suspending your credit privileges. If you or we close your account you and any authorized users must immediately stop using your account and destroy all cards, checks or other means to access your account or return them to us upon request. You will continue to be responsible for charges to your account even if they are made or processed otter your account is closed and you will be required to pay the outstanding balance on your account according to the terms of this agreement In addition, to the extent allowed by law, we may require you to pay the outstanding balance immediately or at any time after your account is closed. ARBITRATION AGREEMENT PLEASE READ THIS AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT. YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT SUCH AS THAT IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL NOT BEABLE TO BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. IN THE ABSENCE OF THIS ARBITRATION AGREEMENT, YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS N A COURT, BEFORE A JUDGE OR JURY, AND/OR TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS). OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION MAY BE MORE LIMITED. EXCEPTAS OTHERWISE PROVIDED BELOW, THOSE RIGHTSARE WAIVED. Bieding Arbitration. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by and be enforceable under the Federal Arbitration Act (the'FAA%9 U.S.C. 91.15 asu maybe amended. This Arbitration Agreement sets forth the circumstances and procedures under which claims (as defined below) may be resolved by arbitration instead of being litigated in court. Parties Covered. Forthe purposes of this Arbitration Agreement, `w4C,'us , and'out also includes our parent, subsidiaries, affiliates, licensees, predecessors, successors, assigns, any purchaser of your Account, and all of their officers, directors, employees, agents, and assigns crony and all of them. Additionally, titre', •us' and'ouP shall include any third party providing benefits, services, or products In connection with the Account (including but not limited to credit bureaus, merchants that accept any credit device issued under the Account, rewards programs and enrollment services, credit insurance companies, debt colle ctors, and all of their officers, directors, employees, agents and representatives) if, and only R, such a third party is named by you as a co-defendant in any Claim you assert against us. Claims Covered. Either you or we may, without the others consent, elect mandatory, binding arbitration of any claim, dispute or controversy by either you or us against the other, or against the employees, parents, subsidiaries, affiliates, beneficiaries, agents or assigns of the other, arising from or relating in any way to the Cardmember Agreement, any prior Cardmember Agreement your credit card Accountorthe advertising, application or approval of your Account ('Claim). This Arbitration Agreement governs all Claims, whether such Claims are based on law, statute, contract regulation, ordinance, tort, common law, constitutional provision, or any legal theory of law such as respondest superior, or any other legal or equitable ground and whether such Claims: seek as remedies money damages, penalties, injunctions, or declaratory or equitable relief. Claims subject to this Arbitration Agreement include Claims regarding the applicability of this Arbitration Agreement or the validity of the entire Cardmember Agreementor any prior Cardmember Agreement. This Arbitration Agreement Includes Claims that arose in the past or arise in the present or the future. As used in this Arbitration Agreement the term Claim is to be given the broadest possible meaning. Claims subjectto arbitration include Claims that are made as counterclaims, cross claims, third party claims, interpleaders or otherwise, and a parry who initiates a proceeding in court may elect arbitration with respect to any such Claims advanced in the lawsuit by any party or parties. As an exception to this Arbitration Agreement you retain the right to pursue in a small claims court any Claim that is within that court's jurisdiction and proceeds on an individual basis. It a party elects to arbitrate a Claim, the arbitration will be conducted as an individual action. Neither you nor we agree to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed on such basis. This means that even if a class action lawsuit or other representative action, such as that in the form of a private attorney general action, is filed, any Claim between us related to the issues raised In such lawsuits will be subject to an individual arbitration claim if either you or we so elect. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. The only Claims that may be joined in an individual action under this Arbitration Agreement are (1) those brought by us againstyou and any co•applicent joint cardmember, or authorized user of your Account or your heirs or your trustee in bankruptcy or (2) those brought by you and any co-applicant, joint cardmember, or authorized user of your Account, or your heirs or your trustee in bankruptcy against us. InidMiss of Arbitration. The parry filing a Claim in arbitration must choose one of the following two arbitration administrators: American Arbitration Association; or National Arbitration Forum. These administrators are independentfrom us. The administrator does not conduct the arbitration. Arbitration is conducted under the rules of the selected arbitration administrator by an impartial third party chosen in accordancewfth the rules of the selected arbitration administrator and as may be provided in this Arbitration Agreement. Any arbitration hearing that you attend shall be held at a place chosen by the arbitrator or arbitration administrator within the federal judicial district in which you reside at the time the Claim is filed, or at some other place to which you and we agree in writing. You may obtain copies of the current rules of each of the two arbitration administrators, information about arbitration and arbitration fees, and instructions for initiating arbitration by contacting the arbitration administrators as follows: American Arbitration Association, 335 Madison Avenue, Roar 10, New York, NY 10017.4605, Web site: www.adrorg, 800-778.7578; or National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, Web site: www.arbitration-forum.com, 800-174-2371. Procedures and law applicable in arliitratss. A single, neutral arbitrator wlll resolve Claims. The arbitrator will either be a lawyer with atleastten years experience or a retired or former judge. The arbitration will be conducted under the applicable procedures and rules of the arbitration administrator that are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Arbitration Agreement in which case this Agreementwitl prevail. These procedures and rules maylimitthe amount of discovery available to you or us. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, and will honor claims of privilege recognized at law. You may choose to have a hearing and be represented by counsel. The arbitratorwlll take reasonable steps to protect customerAccount information and other confidentisl information, including the use of protective orders to prohibit disclosure outside the arbitration, if requested to do so by you or us. The arbitrator will have the power to award to a party any damages or other relief provided for under applicable low, and will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding. If the law authorizes such relief, the arbitrator may award punitive damages or attorney fees. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Upon a request by you or us, the arbitrator will provide a brief statement of the reasons for the award. Costs. We will reimburse you for the initial arbitration filing fee paid by you up to the amount of $500 upon receipt of proof of payment Additionally, if there is a hearing, we Page 3 of 6 CMA18103 will pay any fees of the arbitrator and arbitration administrator for the first two days of that hearing. The payment of any such hearing fees by us will be made directly to the arbitration administrator selected by you or us pursuant to this Arbitration Agreement All otherfees will be allocated in keeping with the rules of the arbitration administrator and applicable law. However,wewill advance or reimburse filing foes and other fees if the arbitration administrator or arbitrator determines there is good reason for requiring us to do so or you ask us and we determine there is good cause for doing so. Each party will bear the expense of the fees and costs of that party's attorneys, experts, witnesses, documents and other expenses, regardless of which parry prevails, for arbitration and any appeal (as permitted below), except that the arbitrator shall apply any applicable law in determining whether a party should recover any or all fees and costa from another party. Erdercement finality, appeals. Failure or any delay in enforcing this Arbitration Agreement at any time, or in connection with any particular Claims, will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. Any decision rendered in such arbitration proceeding will be final and binding on the parties, unless a party appeals inwritingto the arbitration organization within 30 days of issuance of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the same arbitration organization. The panel will reconsider all factual and legal issues anew, follow the same rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. Each parry will bear their own fees, costs and expenses for any appeal, but a parry may recover any or all fees, costs and expenses from another party, if the majority of the panel of arbitrators, applying applicable law, so determines. An award in arbitration will be enforceable as provided by the FAA or other applicable law by any court hewing jurisdiction. Sewrebility, survival. This Arbitration Agreement shall survive: (i) termination or changes in the Cardmember Agreement, the Account and the relationship between you and us concerning the Account, such as the issuing of a now account number or the transferring of the balance in the Account to another account; (ii) the bankruptcy of any party or any similar proceeding initiated byyou or on your behalf; and (iii) payment of the debt in full by you or by a third party. If any portion of this Arbitration Agreement is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. CHANGES TO THIS AGREEMENT We can change this agreementat anytime, regardless of whether you have access to your account, by adding, deleting, or modifying any provision. Our right to add, delete, or modify provisions includes financial terns, such as the APRs and fees, and other terms such as the nature, extent, and enforcement of the rights and obligations you or we may have relating to this agreement. Modifications, additions, or deletions are cailed'Changes or a 'Change`. We will notify you of any Change if required by applicable law. These Changes may be effective with notice only, at the time stated in our notice, in accordance with applicable law. Unless we state otherwise, any Change will apply to the unpaid balances on your account and to new transactions. The notice will describe any rights you may have with respect to any Change, and the consequences ifyou do or do not exercise those rights. For example, the notice may state that you may notify us in writing by a specified date if you do not want to accept certain Changes we are making. It you notify us in writing that you do not acceptthe Changes, your accountmay be closed (if it is not already closed) and you will be obligated to payyour outstanding balance underthe applicable terms of the agreement If you do not notify us in writing by the date stated in the notice, or if you notify us but then use your account attar the date stated in the nodes, you will be deemed to accept all Changes in the notice and to accept and confirm all terms of your agreement and all Changes in prior notices we have sent you regardless of whether you have access to your account CREDIT INFORMATION We may periodically review your credit history by obtaining information from credit bureaus and others. We may report information about you and your account to credit bureaus, including your failure to pay us on time. If you request additional cards on your account for others, we may report account information in your name as well as in the names of those other people. If you think we have reported inaccurate information to a credit bureau, you may write to us at the Cardmember Service address listed on your billing statement Please include your name, address, account number, telephone number and a brief description of the problem. If available, please provide a copy of the credit bureau report in question. We will promptly investigate the matter and, it our investigation shows that you are right, we will contact each credit bureau to which we reported the information and will request they correct the report If we disagree with you after our investigation, we will tell you in writing or by telephone. We will also notify the credit bureau that you dispute the information unless you let us know that you no longer dispute the information. NOTICES/CHANGE OF PERSONAL INFORMATION We will send cards, billing statements and other notices to you atthe address shown in our files. Or, if this is a joint account we can send billing statements and notices to any joint account holder. Notice to one of you will be considered notice to all of you and all of you will remain obligated on the account If you change your name, address, or home, cellular or business telephone number or email address (if you elect to receive billing statements or other notices online), you must notify us immediately in writing at the address shown on your billing statement We may, at our option, acceptmailing address corrections from the United States Postal Service. We may contact you about your account, including for customer service or collection, at any address or telephone number as well as any cellular telephone number you provide us. TELEPHONE MONITORING AND RECORDING We, and if applicable, our agents, may listen to and record yourtelephone calls with us. You agree that we, and if applicable, our agents, may do so, whether you or we initiate the telephone call. INFORMATION SHARING You authorize usto share certain information aboutyou and your accountwithin our family of companies, and with others outside our family of companies including any company or organization whose name or mark may appear on the cards, as permitted by law. Our Privacy Policy, which Is provided to you when you first receive an agreement and atleastonce each calenderyearthereafter, describesour information sharing practices and the choices you have and directions you may give us about our sharing of information about you and your account with companies or organizations within and outside of our family of companies. ILLINOIS CAROMEMBERS Illinois low provides that we may not share information about you with companies or other organizations outside of our family of companies unless you authorize the disclosure or unless the disclosure falls under another exception in the law Isuch as sharing information to process your transactions or in response to a subpoena). You hereby agree that, If you choose notto exercise the applicable opt out described in our Privacy Policy, you will be deemed to have authorized us to share personal information we have about you (including Information related to any of the products or services you may have with any of our companies) with companies or other organizations outside of our family of companies. ENFORCING THIS AGREEMENT We can delay enforcing or not enforce any of ourrights underthis agreementwithout losing our right to enforce them in the future. If any of the terms of this agreement are found to be unenforceable, all other terms will remain in full force. ASSIGNMENT We may assign your account, arty amounts you owe us, or any of our rights and obligations under this agreement to a third party. The person to whom we make the assignmentwill be entitled to any of our rights that we assign to that person. GOVERNING LAW THE TERMS AND ENFORCEMENT OFTHISAGREEMENTANOYOUR ACCOUNT SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH FEDERAL LAW AND, TO THE EXTENT STATE LAW APPLIES, THE LAW OF DELAWARE, WITHOUT REGARD TO CONFLICT-OF-LAW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND YOUR ACCOUNT ARE LOCATED, WILL APPLY NO MATTER WHERE YOU LIVE OR USE THE ACCOUNT. FOR INFORMATION Please call the Cardmember Service telephone number on your card or billing statement if you have any questions about your account or this agreement YOUR BILLING RIGHTS Keep This Notice For Future Use This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act Notify Us In Case Of Errors Or Questions About Your Bill If you think your bill is wrong, or if you need more information about a transaction on your big, write us on a separate sheet at the Cardmember Service address shown on your billing statement Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: • Your name and account number. • The dollar amount of the suspected error. • Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about. If you have authorized us to pay your credit card bill automatically from your savings or checking account you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us at least three business days before the automatic payment is scheduled to occur. Your Rights And Our Responsibilities After We Receive Your WriNsn Nodes We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 00 days, we must either correct the error or explain why we believe the bill was correct After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit line. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount If we didn't make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount In either case, we will send you a statement of the amount you owe and th a date that it is due. If you fail to paythe amountthat we think you owe, we may reportyou as delinquent. However, if our explanation does not satisfy you and you write to us within 10 days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question shout yourbilL And, we musttell you the name of anyone we reported you to. We musttell anyone we reportyou to thatthe matter has been settled between us when it finally is. If we don't follow these rules, we can't collect the first $50.00 of the questioned amount, even if your bill was correct Special Rules for Credit Cord Purchases Page 4 of 6 CMA18103 If you have a problem with the quality of property or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant you may have the right not to pay the remaining amount due on the property or services. This right does not apply to check transactions. There are two limitations on this right (a) You must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address; and (b) The purchase price must have been more than $50.00. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. Copyright 02007 JPMorgan Chase & Co. All rights reserved. Page 5 of 6 GMA18103 RATES AND FEES TABLE (This table may also be referred to as the Table of Interest Chargesi Rates (APR means Annual Percentage Natal Introductory APR 0% fixed APR (0% daily periodic rate) on balance transfers and balance transfer checks for the first 3 billing cycles following the opening of your account (the 'Introductory Period') Purchase APR The Prime Rate* plus 14.99%, currently 23.24% (0.06369% daily periodic rate) Balance Transfer/Balance Transfer Check APR after the Introductory Period The Prime Rate* plus 14.99%, currently 23.24% (0.08388% daily periodic rate) Cash Advance/Cash Advance Check APR The Prime Rate* plus 19.99%, currently 2&24%10.07737% daily periodic rate) Default APR The Prime Rate* plus up to 23.99%, currently 32.24% {0.08633% daily periodic rate) Overdraft Advance APR 13.99% fixed APR (0,03833% daily periodic rate) caamatea vanao+e morns aoove are naseo on the 8.25% Prime Rate as of March 22, 2007. Fees and Finance Chernes ATM Cash Advance Fee -- Finance Charge 3% of transaction (minimum fee of $10.00) Non-ATM Cash Advance / Cash Advance Check Fee -- Finance Charge 3% of transaction (minimum fee of $10.00) Balance Transfer fee -- Finance Charge 3% of transaction (minimum fee of $5.00 and maximum of $75.001 Balance Transfer Check Fee -- Finance Charge 3% of transaction {minimum fee of $5.00 and maximum of $75.00) Minimum Periodic Finance Charge $1.00 III any periodic finance charge is payable for a billing cycle) Annual Membership Fee None Late Fees: $15.00 if the balance is up to, but not including $100.00; $29.00 if the balance is $100.00 up to, but not including $250.00, $39.00 if the balance is $250.00 and over Overlimit Fee $39.00 Return Payment Fee $39,00 Return Check Fee $39.00 Administrative Fees: Copy of Billing Statement or other record $5.00 Page 6 of 6 CMA18103 PAUL J. KLEMM, ESQUIRE NUDELMAN, KLEMM & GOLUB, P.C. 425 EAGLE ROCK AVENUE ROSELAND, NJ 07068 973-618-0000 ID #92125 ? r T i E PROTBONOTAR { 2?t t J1tN 29 PM t 05 CUMBE NSYIVAN A TY PEN ATTORNEY FOR PLAINTIFF Midland Funding LLC CUMBERLAND COUNTY COURT OF COMMON PLEAS V. Deborah Kone NO. 11-3940 CIVIL PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff(s), Midland Funding LLC and against Defendant(s), Deborah Kone, in the above- captioned matter, in the amount of $13,721.46, for failure to answer the Complaint in twenty (20) days as required by Pennsylvania Rules of Civil Procedure. PAUL J. KLEMM, ESQUIRE Attorney for Plaintiff MID10909 r14. oo Fd Q}1-1 acli 3agv? Z+? a(011 5? Nuh-cc tv nu (eA PAUL J. KLEMM, ESQUIRE NUDELMAN, KLEMM & GOLUB, P.C. 425 EAGLE ROCK AVENUE ROSELAND, NJ 07068 973-618-0000 ID #92125 ATTORNEY FOR PLAINTIFF Midland Funding LLC V. Deborah Kone CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 11-3940 CIVIL AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND The undersigned, being duly sworn according to law, deposes and says that the Defendant is 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; That Defendant, Deborah Kone, is over eighteen (18) years of a resides at 832 LISBURN RD, CARLISLE PA 17015-9230. SWORN TO AND SUBSCRIBED BEFORE ME THIK?;'?DAY i OF 2011. KATHERINE E. DIETERL MID 10909 Commission # 2332033 Notary Public, State of New Jersey My Commission Expires Jul 2 7, 2016 PAUL J. KLEMM, ESQUIRE Attorney for Plaintiff PAUL J. KLEMM, ESQUIRE NUDELMAN, KLEMM & GOLUB, P.C. 425 EAGLE ROCK AVENUE ROSELAND, NJ 07068 973-618-0000 ID #92125 ATTORNEY FOR PLAINTIFF Midland Funding LLC CUMBERLAND COUNTY COURT OF COMMON PLEAS V. Deborah Kone NO. 11-3940 CIVIL CERTIFICATION I, Paul J. Klemm, Esquire, Attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States mail a letter notifying the Defendant(s) that Judgment would be entered against them after ten (10) days from the date of said letter in accordance with Rule 237.1 of Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked Exhibit "A". SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF 2011. KATF'r.i.,lr C 1rr 033 N°?a '' P yeW Jersey s ion Expirgs MID10909 2015 C,--, - PAUL J. KLEMM, ESQUIRE Attorney for Plaintiff PAUL J. KLEMM, ESQUIRE NUDELMAN, KLEMM & GOLUB, P.C. 425 EAGLE ROCK AVENUE ROSELAND, NJ 07068 973-618-0000 ID #92125 Midland Funding LLC V. Deborah Kone To: Plaintiff(s) Defendant(s) Deborah Kone 832 LISBURN RD CARLISLE PA 17015-9230 Date of Notice: ]NMI w a t ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 11-3940 CIVIL 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 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford St Carlisle, PA 17013 (800) 990-9108 MID10909 Cumberland County Bar Association 32 South Bedford St Carlisle, PA 17013 (800) 990-9108 Paul J. Klemm, Esq. NUDELMAN, KLEMM & GOLUB, P.C. 425 Eagle Rock Avenue Roseland, NJ 07068 (973)618-0000 PRESSLER and PRESSLER, LLP File # K100456 Ralph 32771ko Esq. ID# 804 West Avenue L'Ali Jenkintown, PA 19046 1-215-576-1900 ; MIDLAND FUNDING LLC Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs. No.: 11-3940 CIVIL DEBORAH KONE Defendant ENTRY OF APPEARANCE Kindly enter my appearance on behalf of the Plaintiff, MIDLAND FUNDING LLC as co-counsel in the above captioned matter. Date: 113 By: Ral Attorney for Plaintiff File # K100456 PRESSLER and PRESSLER, LLP Attorney for Plaintiff Ralph Gulko Esq. ID# 32771 804 West Avenue Jenkintown, PA 19046 1-215-576-1900 MIDLAND FUNDING LLC Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs . z-s _ No. 11-3940 CIVIL DEBORAH KONE a Defendant -<r' Z, PRAECIPE TO SATISFY JUDGMENT CD d C) Kr TO THE PROTHONOTARY: Kindly mark the Judgment entered in regard to the above captioned case satisfied of record. Date: Ralph G lk q.