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HomeMy WebLinkAbout04-5505 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NEW HORIZON CREDIT, LLP, Plaintiff(s) vs. SUSAN B. GRIM, Defendant(s) No. Oil - S5 C_? t? ???:2Yr? COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff(s) COUNSEL OF RECORD OF THIS PARTY: LORI A. GIBSON, ESQUIRE PA ID#68013 JON A. MCKECHNIE, ESQUIRE PA ID#36268 DEBORAH R. ERBSTEIN, ESQUIRE PA ID#86470 Bernstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 DIRECT DIAL: (412) 456-8100 BERNSTEIN FILE NO. R0051026 NOTICE THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NEW HORIZON CREDIT, LLP, Plaintiff(s) vs. SUSAN B. GRIM, Defendant(s) No. 014 .S'SdS 0COMPLAINT AND NOTICE TO DEFEND TO THE ABOVE DEFENDANT(S): YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court, without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NEW HORIZON CREDIT, LLP, Plaintiff(s) vs. SUSAN B. GRIM, Defendant(s) No. Oq SSQS COMPLAINT IN CIVIL ACTION (21 u L"-7? 1. Plaintiff, New Horizon Credit, LLP, maintains offices located at 707 Grant Street, Gulf Tower, Pittsburgh, Pennsylvania 15219. 2. Defendant, Susan B. Grim, is an adult individual with a last known address of 417 Geary Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Defendant applied for and received a MBNA America MasterCard credit card issued by Plaintiff s assignor, bearing the account number 5329 0009 9735 5980. A true and correct copy of the CardMember Agreement is attached hereto and marked as Exhibit "I". 4. Defendant made use of said MasterCard credit card and have currently a balance due and owing to Plaintiff as of June 30, 2004, in the amount of $6,998.61. 5. Defendant is in default of the terms of the cardholder Agreement having not made payment to Plaintiff as promised, thereby rendering the entire balance immediately due and payable. 6. Under the terms of the parties Agreement, Plaintiff is entitled to recover reasonable attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $1,399.72. 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, or any part thereof to Plaintiff. WHEREFORE, Plaintiff requests Judgment in its favor and against Defendant, Susan B. Grim, individually, in the amount of $8,398.33 plus interest at the legal rate of 6.00 % from date of judgment, and costs. NOTICE THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE THE BERNSTE-tX LAW FRIM, P.C. ,c Lori A. Gibson, Esquir Deborah R. Erbstein, Esquire THE BERNSTEIN LAW FIRM, P.C. 707 Grant Street Ste. 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 BERNSTEIN FILE NO. R0051026 t? i i 1 t 4 L. Credit Cora Agreement General In this Credit Card Agreement, the words "you" and "your" refer to each and all of the persons who accept a credit card Issued by us or under an account we hold, This Credit Card Agrepmenl (flit 'Agreement-) consists or this document and the terms and conditions set forth in the Required Federal Disclosures section of the accompanying card carrier, which is incorporated herein and made a part hereof. The words, "we," -us," "our- and "MBNA America" mean M13NA America Bank, N.A. Then you accept or use the account, you agree to the terms in this Agreement. You should sign your card l-efore you use It. You consent to and authorize MSNAAmcrica, any of its affiliates, or its marketing associates to marnitor and/or record any of your telephone conversations with our repre- sentatives or the representatives of any of those companies. All capitalized terms not defined Herein shall have the meaning as defined In the Required Federal Disclosures section of your card carrier. In formation Gathering and Sharing From time to time, we may obtain updated informa- tion about you including, for example, credit informa- tion. We may share information a6OLlt you with credit raporting agencies and others, including merchants, end among compenic5 affiliated witli ua. You may request that information about you not be shared among our affiliates, other than information pertaining solely to transactions or experiences between you and us (or an M3NA America arff iiate), by writing us at M5NA, Afriliate Information Sharing, P.C. Box 15342, Wilmington, DE 19850.5342, Please include your name, address, home phone number and all MBNA America account numbers. if you Wieve that inaccurate or incomplete information about you or your account has been shared by us with a , credit reporting agency, write to us at: MBNA, Credit Reportin3 Agencies, PC), Sox 17054, Wilmington, DE 19884-7.054, Please include your narne, address, home phone number, and account number, and explain which irnformationyou believe is inaccurate or incomplete. EH1rIT..? . 1• I t I i I i i? Haw To Use Your Account You may use your credit card to purchase or lease goods or services from persons who honor the card. You may assn use your card to obtain Cash Advances. You may not use a Check Cash Advance, ur any other Cash Advance, to make a payment on this or any other credit account with u9. You may not use your account for busi. ness or commercial purposes. Certain est:ablishtnents may cash your personal checks upon presentment of your card, In the event we are required to pay the amount of a check cashed in this way because the check is not paid For any reason, we will chorgc your account for a Cash Advance in the amount of the check and any processing charge we actually incur. If YOU permit any parson to have acc= to your cacti or account number with flit authorization to maw a charge, you may be liable for all charges made by that person includin&r chatees for which you may not have intended to he liable. The transaction date for Check Cash Advances and valance Transfers is the date you or the person to whom the check is made payable First deposits or cashes the check. The transoction date for a returned payrnent (a Bank Cash Advani t!) is the date that the corresponding payment posted to your account. You may request a stop payment ort Cl peck Cash Advances by prCMcl)rig us with the check number, dollar amount, and payee exactly as they appear on the Check Cash Advance. Oral and written stop payment requests on Check Cash Advances are effective for six months from the day that we place the stup payment on your. account. You may not use a postdated Check Cash Advance to obtain credit under your account IF you do postdate a Checx Cash Advance, we may e]rct to honor it upon pre- sentment or return it unpaid to the party which presented It to us for payment, without in either case awaiting the date shown on the Check Cash Advance. We are not ]fable to you for any-loss or expense incur,al by you arising out of the action we elr?cl. to take. Repayment Ynu promise to pay us the amounts bf all credit you obtain; this includee all purchases, cash advances, fees, i- your account and Finance Ct, ;es. You may pay the entire antount outstanding at any zime. You must pay each month at leas[ tho minimum payment shown or, your monthly statement. if you over- pay or If a credit balance is otherwise created in your account, we will not pay Interest on such amounts. Yotir paynient will be allocated in a manner we determine. in most Instances, we will allocate your payments to balances (including new transactions) with lower APRs before balances with highcr APRs. This will result in new bal- ances with a IuwC, rate of interest being paid before any other existing balances. All payments will be credited to your account for the billine cycle in which each payment is received; however, your available credit may not be increased by the amount of the payinent until your funds have cleared. Minimum monthly payments can- not be made in advance and payments made in any billing cycle which are greater than the minimum pay- ment duc will not affect your obligation to make subse- quent rninimum payments each month. We can reject payments not denominated in U.S. dollars or not drawn on a U.S. Bank. No payment shall operate as an accord and satisfaction without the prior written approval of a senior offk:tr of ,JMBNA America. All persons who Initially or subsequently request, accept or use the account are individually and totether responsible for any uut5tanding balance, if two or more persons are responsible to pay any outstandine balance, we may refuse to release any of them from liability until all of the unexpired cards outstanding under the account have bcen returned to us anJ the balance is paid in full. Reasons for Requiring immediate Payment You will be in default and we can require immediate payment of alI amounts you owc if. (1) you fail to make any requircd psyrmcnt by the Payment Due Dare; (1) your New Balance Total exceeds your credit limit, or if we have established a separate Cash Advance credit limit for you, your outstanding Cash Advance balance exceeds your Cash Advance credit limit; or (3) yuu fail to abide by any other terms of this Agreement. . If you default, unless prohibited by applicable law, wc 3 t.,e ?f VJ . , can also require you to pay the collection and court costs we incur in any collection proceeding, and a rea- sonable attorney's fee if we refer your account for zollec- Lion to an attorney who is not uur salaried employee. Our failure to exercise any of our rights when you default does not mean that we are unabic to exercise those rights upon later default. PayMent HpU&FS R i. We may allow you, from time to time, to omit a f monthly payment, We will notify you when this option is available, if yuu omit a payment, Finance Charlzes . and credit insurance premiums, if any, will accrue on your balance in accordance with.this Agreement. The requirement that you make a mfnimurn payment each month will resurne following your payment holiday. Charges Made In Forei Ctc?en?Les if you incur a charge in a forcibn currency, the charge will be converted by Visa Internatbnal or MasterCard International, depending on which card you use, into a U.S. dollar amount in accordance with the operating regulations or conversion procedures in effect at the time that the transaction Is processed. Currently, those regulations and prm=- lures provide that the currency Lunverston rate to be used is either (1) a wholesale market rate ar (2) a zovernment-mandated rate In effect one day prior to the processing date, Increased by one percent in each case. Visa or MasterCard retains this one percent as compensation for performing the curren- cy conversion service. The currency conversion rate in effect on the processing date may differ from the rate in Affect on the transaction date or the posting date. Billing cycle _ A billing cycle begins on the day after the closing date- shown on your account's preceding n iunthly statement and ends on the closing date that appears on your account's stazernent for the current month. Account Fees and Charges Account rocs; The following fees, which are set forth On your card carrier, are assessed as nurchases in the billing cycle In which such charges accrue: (i) a Late ' flee, (2) if your arrnunt is overllmit (oven if fcaa.or 4 r i i r i ( Finance Charges assessed by us cause your New Balance Toial to exceed your credit limit) on the last day of a billing cycle, an nverlimit Fee is charged to your account as of the day in the billing cycle that your account went over the credit limit; (31 a Keturned Payment Fee If a pay merit on your account is returned for insufficiont funds or for any other reason, even if it is paid upon subsequent presentment; (4),2 Returned Check Fee if we return a check Cash ,?dvanct unpaid [Or any reason, even if the Check Cash Advance is paid upon suh.,,equent present- meet; (5) if your account is open or if you maintain tiro account balance, whetherycu have active chasing privl- loges or not, an Annual Fee, Abandoned property Ckargeas Unless prohibited by applicable law, we will charge your accourit, as a Purchase, for any casts Incurred by us associated with cornplyln, with state abandoned property laws. Additional Account Fees And Cbasrge:a: Pleaso review the Required federal Disclosures section of your card carrier for additional fees and charges that may apply to your ticcount. Sene??s You will be uffered cercaln benefits which will be sub- ject ro the restrictions outlined In the benefits brochure provided to you by MKNA Americo, MBNA Amerlca reserves the right to sdiust, add, or delete benefits and services at any time and without notice. Re al to Honor Your card Vie are not liable for any refusal to honor your card or any Cash Advance or fur any retention of your carol by us, any other bank, or any seller or lessor.oF goods or seiviCes. Termination We may suspend or terminate your right to obtain credit at any time for any reason. Your obligations under this Agreement continue evs~n after your right to obtain credit has been suspelided or terminated. You must return all uedit cards to us on request. Amendments- We may amend this Agreement at any time by adding, 5 t, V(_ f J I 1 i r , 1 deleting, or changing provisions in compliance with the applicable notification mquircmewn; of federal law and the laws of the State of Delaware. if an amendment gives you the opportunity to reject the change. and if you reject the change in the manner provided in such amendment we may Lerminate your right to receive credit and may ask You to return all credit devices as a condition of your rejec^._ don. The amended Agreement (including any higher rate or other higher charges or fees) will apply to the entire unpaid balance, /deluding the balance existing before the amendment became effective. Wt may replace your credit cart/ with another card at any time. Rssignment We may at any time, and without notice to you, assign your account, any Burns due on your account, this Agreement or our rights or obligations under your account or this Agreement to any person or entity. The person or entity to whom we make any such assignment shall be entitled to all of our rights and/or obligations under this Agreement, to the extent assigned. Credit Limit _ Your credit limit is shown on your card carrior and gen- erally on each monthly statement. We may change your credit limit or lirnits from time to time. and we will notify you if we do. The Total amount of credit outstanding at any time must not be more than your credit limit. We may also establish a separate credit limit for Cash Advances, If we do. Your Outstanding Cash Advance balance may not exceed this Cash Advance limit. Request for?Credff Over Your Credit Limits If you request credit in any fo?m which, if granted, WDuld result in either your total outstanding balance .or your Cash Advance: balance, including authorized transac- tions not yet posted to your account, bein j more than your credit limit or your cash Advance credit limit, if wo have established one for, you, (whether or not such bal- ances before the request were more than the respective credit l imit), we may: i 1) honor the request without per- manently raising your credit limit: (2) honor the request and treat the amount which is more than your Credit limit 6 . N.-.1 N, J : as Immecilately due: or (3) refuse to honor the request. We may advise the person who made the request that it has b°en refused. if we refuse to honor a Check Cash Advance or Balance Transfer, we may do su by advlstng the person presenting the Check Cash Advance OT Dalance Transfer that credit has been refused. that there are insufficlent funds to lay the Check Cash ?.dvonce or Ralance Transfer, or in any other manner. if we have previously honored requests for credit over your credit limit, it does not mean that we will honor further overlimit request;. If we dCCide to honor such a request, we may assess an Overlimit Fee as provided in this Agreenieut, UnaudhorLxd Use of Your Card Please notify Us immediatc)y ofthc lo5b, then, or posslble unauthofted use ui your account at l -800-7$9-6701. Co irer inq Law This Agreement is made in Delaware, it is ;ovemtd by the law; of the Stcte of Delaware, without regard to its c:osi[lict of laws principles, and by any applicable federal laws. if any port of this Agrcerneirl is found to lic Invalid, the rest remairis effective. Our fallurc or delay in c,er- cisin$ any of our rights under this.AerPemhnt does not mean that we are unable to exercise thouc rights later. Litigation The Arbitration provisions below apply to you unless you were given the opportunity to reject the Arbitration provisinns and you did so reject them; in which case, you agree thct any litigation brought by you against US regarding this account or this Agreement shall be brought in a court located in the Srpte of Delaware. Arbitration; Any clalm or dispute ("Claim") by either yuu ur us against the other. or against the employees, agents or assieris of the other, arising from or relating )n any way to this Agrocment or any prior Agreement or your account (whtrlher under a statute, in contract, tart, or otherwise and whether fo! money damages, penalties or declaratory or equitAble relief), inc udlne Claims re.gardin$ the applicability of this Arhitration Section or the validity of the-entire 7 r,,. h - T i i •i i , Agreement or any prior Agreement, shall be resolved by binding arbitration. The arbitration shall be conducted by the Natinnal Arbitration Forum ("NA<;'), under the Code of Procedure In effect at tka time the Claim is fled. Rules acid fcarfrl5 Of the National Arbitratiuri Forum may be obtained and Claims may be filed at any National Arbitration Forum office, www.arl--forurn,corr1, or P .D. Box 50191, ,Minneapolis. Minnesota 55405, telephone 1.900-474-237.1, if the NAF is unable or unwilling to act as arbitrator, we may substiLute anudiernailonally recognized, indepen- dent arbitration organization that ttses a similar code of procedure. At your written request, we wil l a dvance any arbitration filing fee, administrative and hearing foes which you are required to pay to pursue a Claim In arbi- tration. The arbitrator will decide who will be ultimately responsible for paying those fees. in no event will you be required to reimburse us for any arbitration filing, administrative or hearing fees in an amount greater than what your court costs would have been if the Claim had been resolved in a state court with jurisdiction- Any arbitration hearing at which you appear will take place within the federal judicial district that includes your billing address at the time the Claim is filed. This arbitra- tiun agreement is made pursuant to a transaction involv- ing interstate commerce, and shall be Governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (`FAA"). Iudgmcnt upon any arbitration award may be entered in any cuurt. having jurisdiction. 'rile arbitrator shall follow existing substantive law to the extent consistent with the FAA and applicable statutes of limitations and shall honor any riaims or privilege recognized by law. if any parr requcsts, the arbitrator shall write ari opinion containing Lke reauuns for the award, No Claim submitted to arbitration ic, heard by a jury . and no Claim may be brought a5 a class action or as a private attorney general. You do not have the right to act - as a class representative or participate as a member of a . class of claimants with respect to any Claim, Thi: Arbitration Section applies to all Claims now In exisLence. or that may arise in the Future. This Arbitration Section shall survive the termination of your account with us as well as any voluntary pay- ment of the debt in full by you, any bankruptcy by you 8 1 ' i r. i i i 4 or sale of the debt by us. For tht purpo5cz of Lhis Arbitration Section, "wC ' and "us" means MBNA America Bank, NA, its parent, sub- sidiaries, affiliates. licensees, predecessors, successors, assigns. and any purchaser of your account, and all of their officers, directors, employees, agents and asslgns or any and all of them. Additionally, "we" or "us" shall mean any third party providing benefits. services, nr produc= in connection with the arrount (including but not limited to rredit bureaus, merchantz that accept any credit: device issued under the account, rewards or enrollment cervices, credit insurance companies, debt collertors and all of their officers, directors, employees and agents) if, and only if, such a third party is named by you as a co-defendant in any Claim you assert against us. Also, for the purposes of this Arbitration Section, "you" or "yours" shall mean any person or entity approved by us to use the Account. including but not limited to all per- sons or entities contractually obligated on the Account and all authorized users of the account. If any part of this Arbitration Section Is found to be invalid or unenforceable under any law or statute consis- tent with the FAA, the remainder of this Arbitration Section, shall be enforceable without regard to suc-n invalidity or unenforceability. THE RESULT OP THIS ARBITRATION AGREEMENT 15 TIiAT, EXCEPT A.S PROVIDED ABOVE, C)-AIMS CAN- NOT BE LI'T'IGATED IN COURT. INCLUDING SOME C!,AIMS THAT COULD HAVE BEEN TRIED BEFORE A JURY, AS CLASS ACTIONS OR AS PRIVATE A77URNEY GENERAL ACTIONS. Platinum Plus Coverage Credit Insurance Benefits, Limitationsr Costs & Excivslons Platfitmm Plus Coverage Pays your minimum monthly payment' up to your balance on the date of loss (not to exceed S 15,0W), until you return to work" if you are Involut,itailly unemployed, jgtally disabled, or if you or your spouse takes covered Family leave. J?at(nunt Plus ` Coverage also pays your insured outstanding balance up to the ]cast of your outstanding balance, your credit limit, or $15,000 if you die. 9 i. .1ibi5 . One insured per account (insured must be the primary cardholder or a co-aoplicdnt, authorized users arc not cligiblc), under age 65 (70 in AZ, NV & VIA; 71 In FL, GA, Mi, MO & OK; 72 in NM). Your coverage ends at these same ales (except family leave In AZ, FL & SD & unemployrnPnt unless in TXI. When-enrolled, certificates will be mailed explaining your coverage & effective date, in MN, unemployment coverage is effective bt days from your certificate effective date. For unemployment or fami- ly leave benefits, you must be gainfully employed working, at least 30 hrsfwk (not self-employed or an Independent contractor) for 90 consecutive days before the date of loss (CO - before application date), (PA - on the date of Ics;s), (TX - before coverage effective date for unemployment). Employees of professional corporations may be eligible. Coverq,aes & Benefits: Platinum Plus Coverage covars; your death; involuntary unemployment due to job lass, general strike, unionized labor dispute or lockout; total disability due to sickness or injury if you are unable to perform the uraterial & substantial duties of your'job (or, any job after the first 18 mos. in CA. HI. NJ, 7N & Wl; 12 mos. In PA); your or your SMu5e's unpaid Icave of absence from employment due to car-, of your newborn or newly adopted child ur an incapacitated immediate family iiiernber (must be spouse, child, stepchild or parent in AK), mandatory recall to active military duty, jury duty (except in AK), or residence in a federally dcch:md disas- ter area. Loss (not death) must continue at least 30 days before benefits begin, In NY, tar strikes, unionized labor disputes & lockouts, you must be unemployed for 7 consecutive weeks & cloalify for state unemployment benefits before benefits begin. A daily benefl; is paid for each day of loss over 30 days for unemployment in NY & PA, and disability in CA, CT, NY, Mi. PA & SC. You may cancel this coverage at any time. If canceled within first 30 days of coverage. all premiums will be refunded. ;Exclusions: Life: suicide in the first b months of coverage (not MD & MO). Involuntary Unemployment: retirement, resignation, voluntary lorfeitur? of Income at job loss due to willful or oirrnlnal misconduct, disability, strikes in IL, military discharge in NY, normal seasonal unemployment in 7%. Disability: normal pregnancy or childbirth (not CA, MA & NV), intentionally Self-inflicted injuries knot MD) or a pre-existing medical condition 10 it F? ? I i , 1 I s • r' i during: first 6 month.; of coverage (not NI). Family leave benefits are not paid if you are eligible for or receiving unemployment beneFils ur are disabled. This is only a brief descriptinn of coverage, and cover- aCes vary by state. Please refer to your certificetts for a full explanation of covcragc, Lb-:ts. per $100 Per 11 troth of lav tvae DON SaLanre: Costs apply to Life (L), Disability (D), Unemployment (U) & Family Leave (F): AL 49.8c, AK 78c; AZ 99c; AR 97,50; CA 89.9c; CO 52.35c; CT 42.89c; DE 96.97c; DC 95.31; FL 89c; GA 68c; HI 89.91c, 1D 95,2c (L 8.6c, D 12.61, U 54t. F 20e): IL 80c: IN 96r; IA 95,6c (L 7.2C, D 14AC, U 54c, F 20C); KS 85.44; KY 97,40; LA 89.7c; MD 70.54c; MA 18,40; M1 55.7c; MN 30,65c; MS 65.2c; MO 61.1 C; MT 93.90; NE 95.60; NY 9530; Nei 95c; N) 97c; NM 58.9t; NY 52.50 (L 8.8C, D 26.81. U 16.9c); NC 74.3c; NA 94,1 t; OH 49c; OK 92.4r; OR 94 7t; PA 38.1 c; FAR 99t; RI 93.15t; SC 80C; SD 96.89c; TN 92.5C; TX'33.7c (L 5.7C, D 12c, U 16c); UT 91.ssc; VT 28,4r (L 5.990, D 6.41c, F 16c); VA 84t (L 6, It, U 8.9C, U 49G, F 20t); WA 84C: WV 95.2c; Wl 93.6t (1, 5.7C. D 8.9C, U 59C. F 20C); WY 95.5c. vall billtty: This coverage is not available in ME. involuntary Unemployment is not available in MA or VF Family Leave is not available in AL, CT, MA, MD, MN, NM, NY, PA, or TX . Widerwrit:ing CompaniestPolicy: Involuntary Unemployment: American Securit-- L01 (5)85), LOI NY(3/93), A.S LOl TX (6192), L0*1P-KS (2/96), and LOIC- IP; Standard Guarenty/SG LOI (5/55) (NI-I only). Life Disability: Union Security Llfe/L-i-Z; Standard Guaranty Life (TX only)/L-1-Z (8/92)(3.53RA): First Fortis Ufa (NY Life only)MI,M0013; and American Security (NY Disability onlyVW-S-A- Family Leave: American Sacurity/FLP (4/97), FLP-FL (12/97) in FL, FLP-NC (3/98) in NC, FLP-OK (4/97) in OK, FLP-VA (2/98) in VA, FL-11? (AZ)(7/981 in AZ. FL-lP (4197) in. IL Er IN, FL-IP-KS (12/97) in KS, FL-iP-WY (4797) in WY; Standard 0uaranty7LP (4/97) in NH; Union Security Life/FLP-V*r (4/97) in Vi, Soliciting agents for Mississippi and Florida are Charles M. Gordon and Pamela Curtis respectively, This product is not an insured deposit account, is not FDIC insured, is not guaranteed by MBNA America Bank, N.A., and is riot a condition of obtaining credir. , 1%-v i "Less past due and over credit limit amounts. In M), coverage pays-5% of the_halanca on your date ofdiss?1?tliLy up to $750, In NY, coverage pays the minimurn payment due an your date of 1os3. I "The number of monthly benefit payments will not exceed 9 for family leave; 12 for unernpiQyrrtecl t iz? AL, AK, G-'Ti iL, M , MN, M0, NK NC, NY PA, 5C & TX; for disability except in-C;o4,_F11, IN, Ks. Ml, Nl, IVY, PA, TN, TX & Wl. i W IM Ss TX Residents Only; To p.urcltase cpverage5 separately, writ; to Assurant Group, RU, )fox 5055, ` / tlanta, GA 30302. Applications wlll .be sent to you. 1 r 1 1 .. MBNA America Bank, ILIA., to the exclusive: Issuer and administrator of this and other Platinum Plus credit-card i - accourlLs " , M13NA AmericaCD.is a Federally registered service mark of MBNA America Batik, N.A. 0 2000 MBNAAmerica Bank, N.A NFXTW tRevlsed 4/.2000) DIS?•38 4/1100 MBNAULC1 IMBNA-L.ID/Cln=pped L.OI/FL) 12 VERIFICATION The undersigned does hereby verify subject to the penalties of Pa. C.S. § 4904 relating to unsworn falsification to authorities, that he is a Limited Partner for the Plaintiff herein, that he/she is duly authorized to make this Verification, and that the facts set forth in the forgoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. ignature Nicholas D. Krawec Print ra ? G_ ?1 7.7: ?e -s ;R M SHERIFF'S RETURN - REGULAR CASE NO: 2004-05505 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NEW HORIZON CREDIT LLP VS GRIM SUSAN B HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GRIM SUSAN B the DEFENDANT , at 1823:00 HOURS, on the 9th day of November-, 2004 at 417 GEARY AVENUE NEW CUMBERLAND, PA 17070 by handing to SUSAN B GRIM a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 12.58 Affidavit .00 Surcharge 10.00 .00 40.58 Sworn and Subscribed to before me this 5 day of A.D. So Answers: R. Thomas Kline 11/10/2004 BERNSTEIN LAW FIRM By: Deputy Sheri f rothonotary Curtis R. Long Prothonotary office of the i3rotbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor nAl - STOS CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573