Loading...
HomeMy WebLinkAbout13-5425 Siapre&e Court -of Pennsylvania $5 Cou f Co><n Fleas t °4 For Prothonotan• Use Only: C ± R D C011ll>l' Docket No The information collected on this fonn is ttsed solei fy for court adininisb ration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by Itm= or rules of court. S Commencement of Action: E ® Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff s Name: Lead Defendant's Name: T AMERICAN EXPRESS BANK, FSB TERRY HARNER A/K/A TERRY L HARNER I Dollar Amount Requested: ® within arbitration limits O Are money damages requested? ®Yes El No (check one) ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No A Name of Plaintiff/Appellant's Attorney: Apothaker and Associates, P.C. ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. I I TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS f ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies i ❑ Malicious Prosecution ® Debt Collection: Credit Card ❑ Board of Assessment ! ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not include mass tort) ,S El Employment Dispute: Discrimination E El Slander/Libel/ Defamation [:1 Employment Dispute: Other El Other: C El Zoning Board , El Other: I ❑ Other: U MASS TORT N El Asbestos ❑ Tobacco ❑ Toxic Tort - DES REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort - Implant ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Toxic Waste ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment B ❑ Other: ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto PROFESSIONAL ❑ Partition ❑ Replevin LIABLITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: f ❑ Legal ❑ Medical ❑ Other Professional: L Updated 1/1/2011 : . OF r THE PROTHONOTARY Our File No.: 365224 APOTHAKER & ASSOCIATES, P.C. 2013 SEP 1 6 P14 1: 55 BY: David J. Apothaker, Esquire Attorney I.D. #38423 OUMBBLAND COUNTY 520 Fellowship Road C306 PENNSYLVANIA Mount Laurel, NJ 08054 (800) 672 -0215 Attorneys for Plaintiff AMERICAN EXPRESS BANK, FSB ) COURT OF COMMON PLEAS 4315 S. 2700 WEST ) CUMBERLAND COUNTY SALT LAKE CITY, UTAH 84148 ' �- SygS Plaintiff, ) VS. ) TERRY HARNER A/K/A TERRY L HARNER ) 154 HOLLENBAUGH RD ) CARLISLE, PA 17015 ) Defendant. ) NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. BEDFORD ST. CARLISLE PA 17013 717- 249 -3166 C� w � S oc Our File No.: 365224 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672 -0215 Attorneys for Plaintiff AMERICAN EXPRESS BANK, FSB ) COURT OF COMMON PLEAS 4315 S. 2700 WEST ) CUMBERLAND COUNTY SALT LAKE CITY, UTAH 84148 ) NO.. Plaintiff, ) VS. ) TERRY HARNER A/K/A TERRY L HARNER ) 154 HOLLENBAUGH RD ) CARLISLE, PA 17015 ) Defendant. ) CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is American Express Bank, FSB ( "Plaintiff'), a federal savings bank, organized under the laws of the United States of America with a principal place of business in Salt Lake City, Utah. 2. Defendant(s) is /are TERRY 14ARNER A/K/A TERRY L HARNER ( "Defendant "), an adult individual residing at 154 HOLLENBAUGH RD CARLISLE, PA 17015. 3. At the special instance and request of Defendant, Plaintiff issued a credit account ( "Account ") to Defendant. 4. The Account number ends in 2003. 5. Defendant received, accepted and used the account by making purchases, balance transfers, and/or cash advances. 6. The account is in default due to Defendant's failure to make timely payments. 7. Although demand has been made, Defendant has failed to make payment of the amount due. 8. The amount due as of this date is $12,367.88. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $12,367.88 and requests this Court award costs to the extent permitted by applicable law. APOTHAKFA& ASSOCIATES, P.C. A orn y for Plaintiff A Law Fi Eng ged in Debt Collection BY: David J. oth er, Esquire Our File No.: 365224 365224/CR VERIFICATION I hereby state that I am the Assistant Custodian of Records for Plaintiff. I hereby verify that, upon information and belief, the statements made in the foregoing Civil Action Complaint are true and accurate. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. cant Name DANIELLE NICHOLS Date: I� I� ASSISTANT CUSTODIAN OF RECORDS Defendant's Name: TERRY HARNER A/K/A TERRY L HARNER Account Number: ending in 2003 IM, Cardmember Agreement: Part 1 of 2 As of: 06/06/2011 Business Gold Rewards Card Company Name: HARNERS APPLIANCE Issuer: American Express Bank, FSB Cardmember Name: Terry L Harner Account Ending In: 31005 Fees Table Annual Membership Fee $0 for the first year, then $125 Transaction Fees • Foreign Transaction 2.7% of each transaction after conversion to US dollars. Penalty Fees • Late Payment $35 or 2.99% of the past due amount, whichever is greater. • Returned Payment $38 How we calculate interest: We use the Average Daily Balance method (including new transactions). See the How we calculate interest section in Part 2. CMAEUAAO0000111 Page 1 of 9 How Rates and Fees Work Rates for Pay Over balances See About Pay O ver Time features in Part 2 of this Agreement When the penalty The Penalty APR applies to Pay Over Time balances if: APR will apply • you do not pay at least the Minimum Payment Due by the Closing Date of the billing period in which its due 3 times in 12 billing periods, • you do not pay at least the Minimum Payment Due by the Closing Date of the billing period in which it is due and you still do not pay it by the Closing Date of the next billing period, or • your payment is returned by your bank. How long the penalty The penalty APR will apply until after you have made timely payments, with no returned payments, APR will apply for 12 billing periods in a row. Annual Membership This fee is on the Rates and Fees Table on page 1 of Part 1. We will charge $45 for each additional card. Late Payment $35 (Iowa $15) if you do not pay the Amount Due on a billing statement before the 10th day after the next Closing Date. Also, if you do not pay that Amount Due by the following Closing Date, we may charge you an additional fee in that same billing period of the greater of $35 or 2.99% of any amount past due (Iowa $15). For each following Closing Date that an amount past due remains unpaid, we may charge a fee of the greater of $35 or 2.99% of any amount past due (Iowa $15). Paying late may also result in a Penalty APR. See When the penalty APR will apply above. Returned Payment $38 if your payment is returned unpaid the first time we present it to your bank. A returned payment may also result in a Penalty APR. See When the penalty APR will applyabove. Returned Check $38 if you use your card to cash a check at one of our approved locations and the check is returned unpaid. We will also charge you the unpaid amount. Foreign Transaction 2.7% of the converted U.S. dollar amount. This fee is a finance charge. See Part 2 for Converting charges made in a foreign currency. Part 1, Part 2 and any supplements or amendments make up your Cardmember Agreement. CMAEUAA00000111 Page 2 of 9 a , , r i (NEr&lMN Cardmember Agreement: Part 2 of 2 CD 27743 How your American Express Account Works Introduction About your This document together with Part 1 make up the When you or an Additional Cardmember, as defined Cardmember Cardmember Agreement (Agreement) for the Account below, use the Account (or sign or keep a card), you and Agreement identified on page 1 of Part 1. Any supplements or the Additional Cardmember agree to the terms of the amendments are also part of the Agreement. Agreement. Words we use in We, us, and our mean the issuer shown on page 1 of Card means any card or other device that we issue to the Agreement Part 1. Except as provided below, Basic Cardmember access the Account. A charge is any amount added to the means the person who applied for this Account or to Account, such as purchases, fees and interest charges. A whom we address billing statements. Company means purchase is a charge for goods or services. the business for which the Account is established. You To pay by a certain date means to send your payment so and your mean the Basic Cardmember and the that we receive it and credit it to your Account by that date Company. You agree, jointly and severally, to be bound (see About your payments in Part 2). by the terms of this Agreement. Additional At your request, we may issue cards to Additional You must tell Additional Cardmembers that: Cardmembers Cardmembers. They do not have accounts with us but we may obtain, provide and use information about they can use your Account subject to the terms of this them. Agreement. their use of the Account is subject to this Agreement. You are responsible for all use of the Account by You authorize us to give Additional Cardmembers Additional Cardmembers and anyone they allow to use information about the Account and to discuss it with them. the Account. You must pay for all charges they make. If you want to cancel an Additional Cardmember's right to You must share this agreement with all Additional use your Account (and cancel their card) you must Cardmembers. tell us. Replacement Basic You must tell us if the Basic Cardmember is no longer obligations and liabilities of the Basic Cardmember under Cardmember an employee or officer of the Company or does not want this Agreement, as of the date that such person replaces to be the Basic Cardmember. In that case, you must the Basic Cardmember. That person is subject to our either close the Account, or propose another person to approval. replace the Basic Cardmember. You agree that the Basic Cardmember remains the Basic If you propose another person to replace the Basic Cardmember until we approve a replacement or the Cardmember, that person must agree to assume the Account is closed. About using your card Using the Card You may use the card to make purchases. You may also You, or any Additional Cardmembers, may arrange for use the card at an ATM to get cash from a checking certain merchants to charge the Account at regular account you designate. intervals. We may (but are not required to) tell these Each Cardmember acknowledges and agrees that cards merchants about the Account status or changes to your are intended to be used for the Company's commercial card number or expiration date. You must notify the or business purposes. merchants directly if you want them to stop charging the Account. We decide whether to approve a charge based on how you spend and pay on this Account and other accounts Keep your card safe and don't let anyone else use it. If you have with us and our affiliates. We also consider your card is lost or stolen or your Account is being used your credit history and your personal resources that we without your permission, contact us right away. You may kn about. not use your Account for illegal activities. Promise to pay You promise to pay all charges, including: • charges that Additional Cardmembers make or permit • charges you make, even if you do not present your others to make. card or sign for the transaction, Additional Cardmembers agree to be personally liable for • charges that other people make, whether or not you or charges made using their card. We may seek payment an Additional Cardmember intend to let them use the from them for charges made on their card if neither the Account, subject to applicable law, and Company nor the Basic Cardmember pay us. Declined We may decline to authorize a charge. Reasons we may We are not responsible for any losses you incur if we do transactions do this include suspected fraud and our assessment of not authorize a charge. And we are not responsible if any your creditworthiness. This may occur even if your merchant refuses to accept the card. Accou i n in default. CMAEUACM0000107 Page 3 of 9 About Pay Over We may add features to the Account that allow you to than a certain dollar amount. We will tell you this amount Time features pay certain charges over time. These features include when you enroll, and it is subject to change. We will tell Sign & Travel® and the Extended Payment Option. you if we change it. Certain charges are not eligible, such If you enroll in Sign & Travel, we will automatically place as cash and similar transactions. eligible travel - related charges into a Pay Over Time We will not place any charge into a Pay Over Time balance. Some examples are airline and cruise ship balance if it causes the total of your Pay Over Time tickets, hotels, car rentals and charges made outside the balances to go over $20,000. We will tell you if we U.S. change that amount. You must pay in full all charges that If you enroll in the Extended Payment Option, we will are not placed into a Pay Over Time balance upon receipt automatically place all eligible charges into a Pay Over of the billing statement. We may change which charges Time ba lance. A charge is eligible if it equa or is more are eligible to be placed into a Pay Over Time balance. About your payments When you must pay Payment of the New Balance is due upon receipt of your Each statement also shows a Closing Date. The Closing statement. If a statement includes a Pay Over Time Date is the last day of the billing period covered by the balance, it will show a Minimum Payment Due. In this statement. Each Closing Date is about 30 days after the case, you must pay at least the Minimum Payment Due previous statement's Closing Date. by the Payment Due Date. Each statement also states the time and manner by which you must make your payment for it to be credited as of the same day it is received. How to make Make payments to us in U.S. dollars with: statement. If we receive it after that time, we will credit the payments a single check drawn on a U.S. bank, or payment on the day after we receive it. • a single negotiable instrument clearable through the If your payment does not meet the above requirements, U.S. banking system, for example a money order, or there may be a delay in crediting the Account. This may • an electronic payment that can be cleared through the result in late fees and additional interest charges (see U.S. banking system. How Rates and Fees Work on page 2 of Part 1). When making a payment by mail: If we decide to accept a payment made in a foreign • make a separate payment for each Account, currency, we will choose a rate to convert your payment • mail your payment to the address shown on the into U.S. dollars, unless the law requires us to use a payment coupon on the billing statement, and particular rate. • write the Account number on your check or negotiable instrument and include the payment coupon. If we process a late payment, a partial payment, or a payment marked with any restrictive language, that will If your payment meets the above requirements, we will have effect on our rights and will not change this credit it to the Account as of the day we receive it, as Agreemm ent. long as we receive it by the time disclosed in the billing How we apply If a statement includes a Pay Over Time balance, it will After the Minimum Payment Due has been paid, we apply payments show a Minimum Payment Due. The Minimum Payment payments to the remaining Pay Over Time balances. and credits Due is the Pay In Full New Balance plus the Pay Over When we do this, we apply payments first to the balance Time Minimum Due. with the lowest interest rate and then to balances with If you have a Pay Over Time balance, we generally higher interest rates. apply payments up to the Minimum Payment In most cases, we apply a credit to the same balance as Due first to the Pay Over Time Minimum Due and then the related charge. We may apply payments and credits to the Pay In Full New Balance. within balances, and among balances with the same in- terest rate, in any order we choose. CMAEUACM0000107 Page 4 of 9 About your Minimum Payment Due How we calculate The Minimum Payment Due is the Pay In Full amount plus any Pay Over Time Minimum Due. your Minimum To calculate the Pay Over Time Minimum Due for each Payment Due statement, we start with the highest of the following EXAMPLE: Pay Over Time Minimum Due three amounts: (1) 1/36th of the Pay Over Time New Balance; or Assume that your Pay Over Time New Balance is (2) interest charged on the statement plus 1 % of the $3,000, interest is $29.57 (see the example on the Pay Over Time New Balance (excluding interest on next page), and you have no Pay Over Time the statement), not to exceed 4% of the Pay Over amounts past due. Time New Balance; or (3) $20. (1) $3.000 / 36 = $83.33 (2) $29.57 + 1% x ($3,000 - $29.57) = $59.27 Then we round to the nearest dollar. After that, we add (3) $20.00 any Pay Over Time amount past due. The highest of the three amounts is $83.33. However, your Pay Over Time Minimum Due will not 3o the Pay Over Time Minimum Due is $83.00. exceed your Pay Over Time New Balance. - - - - Adjusting your Pay If you regularly pay more than the Minimum Payment Due described above, we may adjust the Pay Over Time Over Time Minimum Minimum Due in future billing periods. This may let you make a smaller minimum payment from time to time. But if Due you then do not regularly pay more than the Minimum Payment Due described above, we will stop making the adjustment and return to the formula above. If we start or stop making the adjustment, we will do so for at least six billing periods in a row. To adjust the Pay Over Time Minimum Due, we will not add 1 % of the Pay Over Time New Balance in (2). Then, if (2) is the highest (but less than 4% of the Pay Over Time New Balance), we will add $15. We will do this if over six billing periods the sum of payments credited to your Pay Over Time balance is more than the sum of the Pay Over Time Minimum Dues (not adjusted, except any Pay Over Time amount past due is counted only in the first of those six periods). We will also make the adjustment if over six billing periods the sum of the Pay Over Time Minimum Dues (not adjusted) is not more than $120 and equals the sum of payments credited to your Pay Over Time balance. However, we will not make the adjustment if the sum of the Pay Over Time Minimum Dues is zero and we did not adjust the Pay Over Time Minimum Due the last time it was not zero. About interest charges When we charge We charge interest on charges that are added to a Pay Over Time balance beginning on the transaction date. interest However, you can avoid paying interest as follows. If you pay the Account Total New Balance on a Also, we will not charge interest shown on a statement if statement by the Closing Date shown on the next the Account Total Previous Balance on that statement is statement, then on that next statement we will not zero or a credit balance. charge interest. CMAEUACM0000107 Page 5 of 9 How we calculate We calculate interest for a billing period by first calculating interest on each balance within each feature. Balances interest within each feature such as Sign & Travel and Extended Payment Option may have different interest rates. We use the Average Daily Balance method (including Daily Balance new transactions) to calculate interest charges for each For each day a DPR is in effect, we calculate the daily balance. The total interest charged for a billing period is balance by: the sum of the interest charged on each balance. taking the beginning balance for the day, Interest adding any new charges, The interest charged for a balance in a billing period, subtracting any payments or credits; and except for variations caused by rounding, equals: making any appropriate adjustments. • Average Daily Balance (ADS) x We add a new charge to a daily balance as of its • Daily Periodic Rate (DPR) x transaction date. • number of days the DPR was in effect. Beginning balance ADB For the first day of a billing period, the beginning balance To get the ADB for a balance, we add up its daily is the ending balance for the prior billing period, including balances. Then we divide the result by the number of unpaid interest. For the rest of the billing period, the days the DPR for that balance was in effect. If the daily beginning balance is the previous day's daily balance plus balance is negative, we treat it as zero. an amount of interest equal to the previous day s daily DPR balance multiplied by the DPR for that balance. This A DPR is 11365th of an APR, rounded to one ten- method of calculating the beginning balance results in thousandth of a percentage point. Your DPRs are shown daily compounding of interest. in How Rates and Fees Work on page 2 of Part 1. When an interest rate changes, the new DPR may come into effect during not just at the beginning of the billing EXAMPLE: Calculating Interest , period. When this happens, we will create a new balance Assume that you have a single interest rate of and apply the new DPR to it. To get the beginning balance 15.99%, your ADS is $2,250 and there are 30 days on the first day for this new balance, we multiply the in the billing period. previous day's daily balance by the old DPR and add the The DPR is 15.99% 365 days -`0.0438% result to that day's daily balance. Other methods lnterestis $2,250 x 0.0438% x days = $29.57 To calculate the ADB and interest charges, we may use other formulas or methods that produce equivalent results. Also, we may choose not to charge interest on certain types of charges. Determining the We use the Prime Rate from the Money Rates section use the Prime Rate from any other newspaper of general Prime Rate (or successor section) of The Wall Street Journal. The circulation in New York, New York. Or we may choose to Prime Rate for each billing period is the Prime Rate use a similar published rate. published in The Wall Street Journal 2 days before the If the Prime Rate increases, variable APRs (and Closing Date of the billing period. corresponding DPRs) will increase. In that case, you may The Wall Street Journal may not publish the Prime Rate pay more interest and may have a higher Minimum on that day. If it does not, we will use the Prime Rate Payment Due. When the Prime Rate changes, the from the previous day it was published. If The Wall resulting changes to variable APRs take effect as of the Street Journal is no longer publis w e m ay fir day of the billing p Other important information Changing the We may change the terms of, or add new terms to, this This written Agreement is a final expression of the Agreement Agreement. We may apply any changed or new terms agreement governing the Account. The written Agreement to any existing and future balances on the Account, may not be contradicted by any alleged oral agreement. subject to appli law. Converting charges If you make a charge in a foreign currency, we will government agency or the highest interbank rate we made in a foreign convert it into U.S. dollars on the date we or our identify from customary banking sources on the currency agents process it. Unless a particular rate is required conversion date or the prior business day. This rate may by law, we will choose a conversion rate that is differ from rates that are in effect on the date of your acceptable to us for that date. The rate we use is no charge. We will bill charges converted by establishments more than the highest official rate published by a (such as airlines) at the rates they use. Changing your You must notify us immediately if you change the: If you have more than one account, you need to notify us billing address mailing address to which we send billing statements separately for each account. • email address to which we send notice that the We may update your billing address if we receive billing statement is available online. information that it has changed or is incorrect. • telephone and fax numbers. • legal entity of the Company. • tax identification number. CMAEUACM0000107 Page 6 of 9 R � Closing your You may instruct us to close the Account by calling us The Basic Cardmember and the Company remain jointly Account or writing to us. The Basic Cardmember agrees to and severally liable for all Charges made on the Account. inform the Company prior to instructing us to do so. Cancelling or We may: We may do any of these things at our discretion, even if suspending cancel the Account. you pay on time and the Account is not in default. your Account suspend the ability to make charges. If the Account is cancelled, you must destroy all cards. • cancel or suspend any feature on the Account. • notify merchants that the Account has been We may agree to reinstate the Account after a cancelled or suspended. cancellation. If we do this, we may: • reinstate any cards, including additional cards. If we do any of these, you must still pay us for all charge you any applicable fees, including annual fees. charges under the terms of this Agreement. charge you a fee for reinstating the Account. About default We may consider your Account to be in default if: If we consider the Account in default, we may: • you violate a provision of this Agreement, suspend the ability to make charges. • you give us false information, cancel or suspend any feature on the Account. • you file for bankruptcy, cancel the Account and require you to pay the Account • you default under another agreement you have with balance immediately. us or an affiliate, require you to pay more than your Minimum Payment • you become incapacitated or die, or Due immediately. • we believe you are unable or unwilling to pay your debts when due. Collection costs You agree to pay all reasonable costs, including attorneys' fees, that we incur to collect amounts you owe or to protect ourselves from loss, harm or risk relating to default. Credit reports You agree that we may obtain credit reports about you credit reporting agency if you fail to comply with any term (and, subject to applicable law, any Additional of this Agreement. This may have a negative impact on Cardmembers), investigate your and any Additional your or any Additional Cardmember's credit report. Cardmembers' ability to pay, and obtain information If you believe information we have given to a credit about you and any Additional Cardmembers from other reporting agency is incorrect, write to us at: American sources. And you agree that we may use such Express Credit Bureau Unit, P.O. Box 981537, El Paso, information for any purposes, subject to applicable law. TX 79998 -1537. When you write to us, tell us the specific You agree that we may give information about the information you believe is incorrect. Account to credit reporting agencies. We may tell a Sending you We mail you notices through the U.S. mail, postage prepaid, and address them to you at the latest billing address notices shown on our records. Any notice that we send you this way is deemed to be given when deposited in the U.S. mail. Additionally, we may mail notices and information to Additional Cardmembers at their request. We may contact From time to time, we may contact you and any this to ensure the quality of customer service or when it is you Additional Cardmembers about topics ranging from required by law. servicing to marketing offers to collecting amounts you You can choose to not receive marketing offers from us. owe. We may monitor and record phone calls between To do this, call us at 1- 800 - 297 -8378 or log on to you (or any Additional Cardmembers) and us. We do www.americanexpress.com /communications About insurance We or our affiliates may tell you about insurance and Company or another affiliate is the insurer or reinsurer. products non - insurance products, services or features that may Compensation may influence what products and providers have a fee. One of our affiliates may act on behalf of a we or our affiliates tell you about. provider of these products. The affiliate may be We may share information about you with our affiliates so compensated for this. The insurance products are not they can identify products that may interest you. We may offered or sold by us or on our behalf. Our affiliates be compensated for this information. may get additional compensation when Amex Assurance How we handle When you pay us by check, you authorize us to If we do this, your payment may be deducted from your electronic debits electronically deduct the amount from your bank or bank or other asset account on the same day we receive from your checking other asset account. your check. Also, you will not receive that cancelled check account We may process the check electronically by with your bank or asset account billing statement. transmitting to your financial institution: If we cannot collect the funds electronically, we may issue • the amount, a draft against your bank or other asset account for the • the routing number, amount of the check. • the account number, and • the check serial number. ExpressPay Cards issued on the Account may be equipped with ExpressPay. ExpressPay enables you to make charges without having the card swiped or imprinted. You can call us to deactivate ExpressPay at any time. Also, we may deactivate ExpressPay at any time. CMAEUACM0000107 Page 7 of 9 Privacy Act of 1974 Some federal agencies may accept the card under authority of statute. When you or Additional Cardmembers make notice charges at these agencies, we collect certain charge information. That information may be put to routine uses such as processing, billing and collections. It may also be aggregated for reporting, analysis and marketing use. Other rout us es by agencies may be published in the Federal Register. Change the benefits W e have the right to add, modify or delete any benefit, service, or feature of the Account at our discretion. Assigning the We may sell, transfer or assign this Agreement and the Account. We may do so at any time without notifying you. Agreement You may not sell, assign or transfer the Account or any of your obligations under this Agreement. Assigning claims If you dispute a charge with a merchant, we may credit the Account for all or part of the disputed charge. If we do so, you assign and transfer to us all rights and claims (excluding tort claims) against the merchant. You and any Additional Cardmembers agree not to pursue any claim against the merchant for the credited amount. And you and any Additional Cardmembers must cooperate with us if we decide to do so. We do not waive We may choose to delay enforcing or to not exercise rights under this Agreement. If we do this, we do not waive our rights our rights to exercise or enforce them on any other occasion. Governing law Utah law and federal law govern this Agreement and the Account. They govern without regard to internal principles of conflicts of law. We are located in Utah. We hold the Account in Utah. We entered into this Agreement with you in Utah. Arbitration This Arbitration provision sets forth the limitation, any claim, dispute or controversy Arbitration Act, 9 U.S.C. §§ 1 -16, as it may be circumstances and procedures under which that arises from or relates to (a) any of the amended (FAA), provided that any such claims may be arbitrated instead of litigated in accounts created under any of the organization and arbitrator(s) will enforce the court. agreements, or any balances on any such terms of the Restrictions on Arbitration Definitions accounts, (b) advertisements, promotions or subsection set forth below. As used in this Arbitration provision, the term oral or written statements related to any such claim means any claim, dispute or accounts, goods or services financed under Significance of Arbitration controversy between you and us arising from any of the accounts or the terms of financing, IF ARBITRATION IS CHOSEN BY ANY or relating to your Account, this Agreement, (c) the benefits and services related to PARTY WITH RESPECT TO A CLAIM, the Electronic Funds Transfer Services Cardmembership (including fee -based or free NEITHER YOU NOR WE WILL HAVE THE Agreement, and any other related or prior benefit programs, enrollment services and RIGHT TO LITIGATE THAT CLAIM IN agreement that you may have had with us, or rewards programs), and (d) your application COURT OR HAVE A JURY TRIAL ON THAT the relationships resulting from any of the for any account. We shall not elect to use CLAIM. FURTHER, YOU AND WE WILL NOT above agreements, except for the validity, arbitration under this Arbitration provision for HAVE THE RIGHT TO PARTICIPATE IN A enforceability or scope of this Arbitration any claim that you properly file and pursue in REPRESENTATIVE CAPACITY OR AS A provision. For purposes of this Arbitration a small claims court of your state or MEMBER OF ANY CLASS OF CLAIMANTS provision, you and us also includes any municipality so long as the claim is individual PERTAINING TO ANY CLAIM SUBJECT TO corporate parent, or wholly or majority owned and pending only in that court. ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION subsidiaries, affiliates, any licensees, Initiation of Arbitration WILL BE FINAL AND BINDING. NOTE THAT predecessors, successors, assigns, any Any claim shall be resolved, upon the election OTHER RIGHTS THAT YOU OR WE purchaser of any accounts, all agents, by you or us, by arbitration pursuant to this WOULD HAVE IF YOU WENT TO COURT employees, directors and representatives of Arbitration provision and the code of ALSO MAY NOT BE AVAILABLE IN any of the foregoing, and other persons procedures of the arbitration organization to ARBITRATION. referred to below in the definition of claims. which the claim is referred in effect at the time Claim includes claims of every kind and the claim is filed (code), except to the extent Restrictions on Arbitration nature, including but not limited to, initial the code conflicts with this Agreement. IF EITHER PARTY ELECTS TO RESOLVE A claims, counterclaims, cross - claims and third- Claims shall be eferred to either JAMS or the CLAIM BY ARBITRATION, THAT CLAIM parry claims and claims based upon contract, American Arbitration Association (AAA), as SHALL BE ARBITRATED ON AN tort, fraud and other intentional torts, statutes, selected by the party electing to use INDIVIDUAL BASIS. THERE SHALL BE NO regulations, common law and equity. Claim arbitration. If our selection of either of these RIGHT OR AUTHORITY FOR ANY CLAIMS also includes claims by or against any third organizations is unacceptable to you, you TO BE ARBITRATED ON A CLASS ACTION party using or providing any product, service may select the other organization within 30 BASIS OR ON BASES INVOLVING CLAIMS or benefit in connection with any account days after you receive notice of our selection. BROUGHT IN A PURPORTED (including, but not limited to, credit bureaus, For a copy of the code, to file a claim or for REPRESENTATIVE CAPACITY ON BEHALF third parties who accept the card, third parties other information, contact either: JAMS (1920 OF THE GENERAL PUBLIC, OTHER who use, provide or participate in fee -based Main St #300, Irvine, CA 92614 or CARDMEMBERS OR OTHER PERSONS or free benefit programs, enrollment services jamsadr.com) or AAA (335 Madison Ave, SIMILARLY SITUATED. The arbitrator's and rewards programs, credit insurance New York, NY 10017 or adr.org). authority to resolve claims is limited to claims companies, debt collectors and all of their between you and us alone, and the In addition to the organizations listed above, arbitrator's authority t ty o make awards is limited agents, employees, directors and claims may be referred to any other to awards to 0 u and us alone. representatives) if and only if, such third party arbitration organization that is mutually Y Furthermore, claims brought by you against is a party in connection with the claim. The agreed upon in writing by you and us, or to an a term claim is to be given the broadest against you, may not be joined or 5 appointed pursuant to § 5 of the Federal possible meaning that will be enforced and arbitration organization arbitrator(s) us, or us consolidated in arbitration with claims brought includes, by way of example and without by or against someone other than CMAEUACM0000107 Page 8 of 9 continued on next page... ...continued from previous page governed by any federal or state rules of civil Payment of Fees procedure or rules of evidence. Any party You will be responsible for paying your share, you, unless agreed to in writing by all parties. may request that the arbitrator expand the if any, of the arbitration fees (including filing, No arbitration award or decision will have any scope of discovery by doing so in writing and administrative, hearing and /or other fees), but preclusive effect as to issues or claims in any copying any other parties, who shall have 15 only up to the amount of the filing fees you dispute with anyone who is not a named party days to make objections. The arbitrator will would have incurred if you had brought a to the arbitration. Notwithstanding any other notify the parties of his /her decision within 20 claim in the state or federal court closest to provision of this Agreement (including but not days of any objecting party's submission. The your billing address that would have had limited to the Continuation subsection below) arbitrator shall take reasonable steps to jurisdiction. We will be responsible for any and without waiving either party's right to preserve privacy. The arbitrator's award shall additional arbitration fees. At your written appeal such decision, should any portion of be final and binding, except for any right of request, we will consider in good faith making this Restrictions on Arbitration subsection be appeal provided by the FAA; however, either a temporary advance of all or part of your deemed invalid or unenforceable, then the party shall have 30 days to appeal share of any arbitration fees. You will not be entire Arbitration provision (other than this assessed any arbitration fees in excess of sentence) shall not apply. that decision by notifying the arbitration your share if you do not prevail in any Arbitration Procedures organization and any other parties in writing. arbitration with us. The organization will then appoint a three- Continuation This Arbitration provision is made pursuant to arbitrator panel which shall consider anew transactions involving interstate commerce This Arbitration provision shall survive and shall be governed by the FAA. The any aspect of the decision objected to by the termination of your Account; voluntary appealing party. The panel shall issue its a ment of the Account balance in full b you; code , except that this Agreement shall apply f decision, majority vote, within 120 days of any legal proceeding by you or us to collect a there are any conflicts. The arbitrator shall the appealili ng party's written notice. Judgment debt owed by the other; any bankruptcy by upon any award rendered by the arbitrator or you or us; and an sale b us of our Account apply applicable substantive law consistent Y Y Y Y panel may be entered in any court having with the FAA and applicable statutes of jurisdiction. ( in the case of a sale, its terms shall apply to limitations, shall honor claims of privilege the buyer of your Account). If any portion of recognized at law, and, at the timely request Location of Arbitration this Arbitration provision, except as otherwise of either parry, shall provide a brief written Arbitration hearings you attend shall take provided in the Restrictions on Arbitration explanation of the basis for the decision. place in the federal judicial district of your subsection, is deemed invalid or The arbitration proceeding shall not be residence. unenforceable, it shall not invalidate the remaining portions of this provision. Billing Dispute Procedure What To Do If You Find a Mistake on Your errors and you may have to pay the amount After we finish our investigation, one of two Statement in question. things will happen: If you think there is an error on your What Will Happen After We Receive Your If we made a mistake: You will not have to statement, write to us at: Letter pay the amount in question or any interest American Express When we receive your letter, we will do two or other fees related to that amount. PO Box 981535 things: If we do not believe there was a mistake: El Paso TX 79998 -1535 1. Within 30 days of receiving your letter, we You will have to pay the amount in question, In your letter, give us the following will tell you that we received your letter. We along with applicable interest and fees. We information: will also tell you if we have already will send you a statement of the amount you • Account information: Your name and corrected the error. owe and the date payment is due. We may account number. 2. Within 90 days of receiving your letter, we then report you as delinquent if you do not • Dollar amount: The dollar amount of the will either correct the error or explain to you pay the amount we think you owe. suspected error. why we believe the bill is correct. If you receive our explanation but still believe • Description of problem: If you think there is While we investigate whether or not there has Your bill is wrong, you must write to us within an error on your bill, describe what you been an error: 10 days telling us that you still refuse to pay. If believe is wrong and why you believe it is a you do so, we will not report you as • We will not try to collect the amount in mistake. question, nor report you as delinquent on delinquent without also reporting that you are You must contact us: that amount. questioning your bill. We will tell you the name • Within 60 days after the error appeared on The charge in question may remain on your of anyone to whom we reported you as your statement. statement, and we may continue to charge delinquent, and we will let those organizations • At least 3 business days before an you interest on that amount. know when the matter has been settled automated payment is scheduled, if you While you do not have to pay the amount in between us. want to stop payment on the amount you question, you are responsible for the If we do not follow all of the rules above, you think is wrong. remainder of your balance. do not have to pay the first $50 of the amount You must notify us of any poiential errors in We can apply any unpaid amount against you question even if your bill is correct. writing. You may call us, but if you do we are Your credit limit. not required to investigate any potential CMAEUACM0000107 Page 9 of 9 a a Business Gold Rewards p. 117 +IFS$ HARNERS APPLIANCE ®sM TERRY L HARNER Closing Date 06/07/13 Account Ending M2003 New Balance $12,367.88 i Membership Rewards® Points i Availableand Pending asof04 /30/13 Includesthe pastdue amount of $12,008.82 i 1,230 i . Please Pay By 06/23/13 i For up to date point balanceand full program details,visit membershiprewards com A ccount Summary See page 2 for important information about your account. Previous Balance $12,008.82 Payments /Credits -$0.00 © Your account is cancelled and past due New Charges +$0.00 Fees +$359.06 - - --- -- - -- -- - ---- - - --- O Please note, your preset line is $2,900.00. You have spent $12,367.88. f i ( New Balance $12,367.88 f Days in Billing Period: 29 I C ustomer Care Pay by Computer j' open.com /pbc Customer Care Pay by Phone j 1- 800 -678 -0745 1- 800 - 472 -9297 I See page 2 for additional information. E i I Pleasefold on the perforation below, detach and return with your payment + PaymentCoupon Pay by Computer 1 Wq Pay by Phone Account EndingW 003 Donotstapleorusepaperclips open.com/pbc LIN 1- 800 - 472-9297 Enteraccount number on all documents. Makecheck payableto American Express. TERRY L HARNER Please Pay By HARNERS APPLIANCE 06/23/13 154 HOLLENBAUGH RD Amount Due CARLISLE PA 1 701 5 -971 7 $12,367.88 Illrlllll416rlllrrllllllllllnllrrrllrl�ll�l�rlrll4lhrull ❑ Check here ifyour addressor AMERICAN EXPRESS phone number has changed. P.O. BOX 1270 Note changes on reverse side. NEWARK NJ 071 01 -1 270 TERRY L HARNER Account Ending E2003 p. 21 Payments: Your payment must be sent to the payment address shown on your statement and must be received by 5 p.m. local time at that addressto be credited as of the day it is received. Paymentswe receive afterS p.m.will not be credited to yourAccount until the next day. Payments must also: (1) includethe remittance coupon from your statement; (2) be made with a single checkdrawn on a US bankand payable in US dollars, or with a negotiable instrument payable in US dollarsand clearableth rough the US banking system; and (3) include your Account number. If your payment does not meet all of the above requirements, crediting may be delayed and you may incur late paymentfees and additional interest charges. Electronic payments must be madethrough an electronic payment method payable in US dollarsand clearable through the US banking system. If we accept payment in a foreign currency,we will convert it into US dollars at a conversion ratethat is acceptableto us, unless a particular rate is required by law. Please do not send post -dated checks as they will be deposited upon receipt. Any restrictive language on a payment we accept will have no effect on us without our express priorwritten approval. We will re- presentto your financial institution any payment that is returned unpaid. Permission for Electronic Withdrawal: (1) When you send a check for payment, you give us permission to electronicallywithd raw your payment from your depositor other asset account. We will process checks electronically bytransmitting the amount of the check, routing number, account number and check serial number to your financial institution, unless the check is not processable electronically or a less costly process is available. When we processyour check electronically,your payment maybe withdrawn from your depositor other asset account as soon as the same daywe receive your check, and you will not receive that cancelled checkwith your financial account statement. If we cannot collect the funds electronicallywe may issue a draft against your depositor other asset account for the amount of the check. (2) By using Pay By Computer, Pay By Phone or any other electronic payment service of ours, you give us permission to electronical ly withd raw funds from the depositor other asset account you specify in the amount you request. Payments using such services of ours received after 8:00 p.m. MST may not be credited until the next day. How We CalculateYour Balance: We use the Average Daily Balance(ADB) method (including newtransactions) to calculatethe balance on which we charge interest for Pay Over Time balances on your Account. Call the Customer Service number listed below for more information about this balance computation method and how resulting interest charges are determined. The method we use to calculate theADB and interest results in daily com poundingofinterest. How to Avoid Paying Interest If you have a Pay Over Time balance, your due date is at least 25 days after the close of each billing period. Wewillnot charge interest on charges added to a Pay Over Time balance if you paythe Account Total New Balance by the due date each month. ForeignCurrencyCharges: If you make Charge in a foreign currency, we will convert it into US dollars on the date we or our agents process it. We Will charge a fee of 2.7% of the converted US dollar amount We will choose a conversion rate that is acceptable to us for that date, unless a particular rate is required bylaw. The conversion rate we use is no morethan the highest official rate published by a government agency or the highest interbank rate we identifyfrom customary banking sources on the conversion date or the prior business day. This rate maydiffer from rates in effect on the date of your charge. Charges converted by establishmentswill be billed at the rates such establishments use. Credit Balance: A credit balance (designated CR) shown on this statement represents money owed to you. If within the six -month period following the date ofthe first statement indicating the credit balanceyou do not request a refund or charge enough to use up the credit balance,we will send you a check for the credit balancewithin 30 days if the amount is $1.00 or more. Credit Reporting: We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account maybe reflected in your credit report. i ..... ............................................ .... ............................. _. UM Customer Care& Billing Inquiries 1- 800 -078 -0745 Hearinglmpaired Website: americanexpress.com IntemationalCdled 1-336-393-1111 TTY: 1 800- 221 -9950 MobileSite: amexmobile.com j Large Print& Braill a Statements 1- 800 - 678 -0745 FAX: 1- 800 -695 -9090 Lost or Stolen Card 1-800- 678 -0745 In NY: 1-800-522-1897 I Customer Care i Express Cash 1- 800-CASH -NOW & Billing inquiries Payments P.O. BOX 981535 P.O. BOX 1270 ! EL PASO, TX NEWARK NJ 79998 -1535 07101 -1270 ( J Change of Address If correct on front, do not use. I Pay Your Bill with AutoPay , • To change your address online, visit www. americanexpressmm /updatecontactirfo , • For Name, Company Name, and Foreign Address or Phone changes, please call Customer Care. •Avoid Iatefees • Please print dearly in blue or black ink only in the boxes provided. Save time I Deduct your payment from your bank l Street Address ( I I I I ( I ( ' I i account automatically each month ( — ! : Visit americanexpress com/autopay City,state 1I I I ;today toenroll. l : ........................................................................... Zip Code Area Code and ( ( I I I Home Phone i Area Code and Work Phone Forinformation on how we protect your privacy and to set your communication Email and privacy choices, please visit �, www.americanexpress.com /privacy. Business Gold Rewards P. 317 annERlfpN ffXARFSS HARNERS APPLIANCE SM TERRY L HARNER Closing Date 06107/13 Account Ending M2003 Fees 771 Amount 06/07/13 Late Payment Fee $359.06 Total Fees for this Period $359.06 2013 Fees and Interest Totals Year-to-Date Amount - Total Fees in 2013 --------------------- - - - ---------------- - - - --------------------------- -- - -- ------- -------- ------------------------ — ... -- $1,080.19 Total Interest in 2013 $0.00 ........... ....... ...... .............. .. .... ........ ............... ..... ........... . ... .. . ........... * ....... ........ .............. .. ............... . ..... . --------------------- TERRY L HARNER Account EndingM2003 p. 47 j Membership Rewards° MEMBERSHTP AMERIC4N RF$$ I Monthly Statement and Program News rewards- P. 5a Prepared for TERRY L HARNER Account Number Questions About Your Account? Total Points Balance _1,230 ; membershiprewards com ' Points Earned this Period -8,461 " 1-800 - AXP- EARN(297 -3276) i International Collect 305 - 816.2799 - - -- - - - -- - - - - -- - - -- -- - - - -- - -, Did You Know? Account Summary April 1,2013 -April 30,2013? _.. ...... ._ ........ __. ____.__.___ _._._ _ _.____.__._._. _._ ...... ........ -- .._ -.__.. Use Points For Everyday Charges Opening Points Balance 9,691 Use your Card for everyday purchases like groceries,gas, phone bills and more,then go Points Earned this Period -8,461 onlineand usethe pointsyou earnedto cover those charges. Learn more at Points Used this Period 0 membershiprewards com /everydaycharges Reinstated Points and Adjustments 0 Total Points Balance 1,230 Points Eamedthis Period are pendinguntil charges are paid in full and all your accounts are in good standing. --------------- ---- -- ------------------- - - - - -- -------------------------------------------------- -------- ----------------------------------- -- ------ ----- ------------- - - - - -- - --- ---- ---- -- ---------- - - - - -- --------------------------- -------------------------------- Points Transaction Detail A 1 2013 -A pril 30 ,2013 Points Eamedthis Period Forfeited Points Points Activity On Bonus Points Due To Total Points EligibleCharges Awarded Late Payment Activity Per Card Business Gold Rewards 0 0 -8,461 -8,461 -2003 04/2013 Total 0 0 -8,461 -8,461 Membership Rewards points earned may be transferred or redeemed as long as all enrolled Card accounts are in good standing. Points transferred or redeemed cannot be reversed back into the program. Forfeited points can be reinstated for a fee by calling the number provided below or visiting membershiprewards. com. Terms and Conditionsof the Membership Rewards* program apply. For more info rmation,visit membershiprewards .com /termsorcall1- 800 - AXP- EARN(297- 3276). From overseas, call collect 305- 816 -2799. Prepared for TERRY L HARNER MEMBERSHIP p. 617 Membership Rewards® Account Number rewards- ana ERl[AN OPEN Savin�s® Summary p. 717 owRFSS HARNERS APPLIA CE TERRY L HARNER Closing Date 06/07/13 Account EndingM003 j Discounts j Membership Rewards® Points j This Period $0.00: This Period 0 r I Year to Data $0.00 j I Year to Date 0 Remember, you can getup to 4 additional Membership Rewards® points or up to 10% discounts on eligible purchases with OPEN Savings® partners? Visit opensavings.com to learn more. Discounts will be applied in the form of a statement credit. For full terms and conditions go to opensavings com. The Membership Rewards points balance shown above reflects only points received through the OPEN Savings benefitand may not reflect any reversals. Please referto your Membership Rewards account balancefor the most up -to -date balance information. 1 Eligible purchases at participating Marriott* properties will receive discounts regardless of benefit selection. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff els Jody S Smith ` ti>< Chief Deputy 2;. 3 OCT — 9 1 1 : 2 J Richard W Stewart 1 s �BE i t .r '% l � ut ` Solicitor OFF l F S�»P =� PENNSYLVANIA American Express Bank, FSB vs. Case Number Terry Harner 2013-5425 SHERIFF'S RETURN OF SERVICE 09/18/2013 12:17 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Terry Harner at 154 Hollenbaugh Road, Carlisle, PA 17015. :rdNECTIrAJTSHAL, EPUTY SHERIFF COST: $34.78 SO ANSWERS, Xdi September 20, 2013 RONR ANDERSON, SHERIFF Our File No.: 36522 ` r. ( �' 4 TAR 1A, APOTHAKER& ASSOCIATES, P.C. DEC By: David J. Apothaker Ph 2: 01 Attorney I.D.# 38423 'UmiiERLANO e0l y 520 Fellowship Road C306 pENNS yL�QN,A Mount Laurel,NJ 08054 - (800) 672-0215 Attorney for Plaintiff COURT OF COMMON PLEAS OF AMERICAN EXPRESS BANK,FSB ) CUMBERLAND COUNTY Plaintiff ) vs. ) NO.: 13-5425 CIVIL TERRY HARNER A/K/A TERRY L ) Civil Action HARNER ) Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment against Defendant, TERRY HARNER A/K/A TERRY L HARNER, in the default of an Answer, in the amount of$12,367.88 computed as follows: Amount claimed in complaint: $ 12,367.88 Less: Amount Paid: ( 0.00) Plus: Interest from September 16, 2013 to October 23, 2013 at the legal interest rate of 0.00%per annum 0.00 Attorney fees 0.00 TOT Q, P $ 12,367.88 I certify that Defendant, TERRY HARN A TERRY L HARNER, last known address is 154 HOLLENBAUGH RD CARLIS17015. D avid J. Apothaker, Esq. Attorney for Plaintiff ev Q Cit OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: TERRY HARNER A/K/A TERRY L HARNER 154 HOLLENBAUGH RD - CARLISLE, PA 17015 COURT OF COMMON PLEAS OF AMERICAN EXPRESS BANK, FSB ) CUMBERLAND COUNTY Plaintiff ) vs. ) NO.: 13-5425 CIVIL TERRY HARNER A/K/A TERRY L ) Civil Action HARNER ) Defendant NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. XX JUDGMENT BY DEFAULT JUDGMENT IN REPLEVIN JUDGMENT BY CONFESSION JUDGMENT FOR POSSESSION JUDGMENT ON AWARD OF ARBITRATORS JUDGMENT ON VERDICT JUDGMENT ON COURT FINDINGS JUDGMENT ON WRIT OF REVIVAL IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY David J. Apothaker, Esc. at this telephone number: 800-672-0215 )a )ul �3 Our File No.: 365224 APOTHAKER& ASSOCIATES, P.C. By: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel,NJ 08054 - (800) 672-0215 Attorney for Plaintiff COURT OF COMMON PLEAS OF AMERICAN EXPRESS BANK, FSB ) CUMBERLAND COUNTY Plaintiff ) vs. ) NO.: 13-5425 CIVIL TERRY HARNER A/K/A TERRY L ) Civil Action HARNER ) Defendant CERTIFICATION PURSUANT TO RULE 237.1 Pursuant to PA Rule Civil Procedure 237.1, I certify that, after the failure to plead and at least ten days prior to the date of the filing of the within praecipe, written notice of Plaintiff's intention to file the within praecipe was sent to the defendant and defendant's attorney of record, if any. I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. David J. Apotha r, Esq. Attorney for Plaint Our File No.: 365224 APOTHAKER & ASSOCIATES, P.C. By: David J. Apothaker Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel,NJ 08054 - (800) 672-0215 Attorney for Plaintiff COURT OF COMMON PLEAS OF AMERICAN EXPRESS BANK, FSB ) CUMBERLAND COUNTY Plaintiff ) vs. ) NO.: 13-5425 CIVIL TERRY HARNER A/K/A TERRY L ) Civil Action HARNER ) Defendant AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND David J. Apothaker, being duly sworn according to law, deposes and says that I am the attorney for Plaintiff, and authorized to make this affidavit; that Defendant(s) resides at 154 HOLLENBAUGH RD CARLISLE, PA 17015. We inquired with the web site of the De se Manpower Data Center, located at 1600 Wilson Boulevard, Suite 400, Arlington, VA 2209 2593Vsenpower if the Defendants) is/are in any branch of the military. Mary M. Snavely-Dixon, Director of th Data Center has sent back our inquiry indicated that the Defendant(s) is/ar David J. Apothaker, Esq. Attorney for Plaintiff I verify that the statements made in this Certification are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Department of Defense Manpower Data Center Results as of:Oct-23-2013 07:12:59 SCRA 3.0 6 9, 1 t tto Service.me Civil.ReEef Act,Statas Report Last Name: HARNER First Name: TERRY Middle Name: Active Duty Status As Of: Oct-23-2013 On Active Duty On Active Duty Status Date Active Duly Start Dale Active Duty End Dale Status Service Component NA NA !''�, °� { •'t' Notisi NA This response ref ects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Dale Active Duty Start Date Active Duty End Date Status Service Component NA �A Zit it No NA This response reflects where the individual left active duty status.willhin 367 days preceding the Active Duty Status Date all . I The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duly on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA �1NA - �y,4 1+,:•.._v-.., -,'-�1"r•�' .y/No ryat',� NA This response reflects whether the indi�vid`ual or his/her unit has rece ed a dy notificafo o report for active duty �•y.�rig�i i .� �i' ��~it,• Upon searching the data banks of the Department of Defense Manpower Data-Center;based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense.Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty'status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to-201 0 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: K55CXCO2U020C20 AMERICAN EXPRESS BANK, FSB ) COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. ) . ) TERRY HARNER A/K/A TERRY L HARNER ) NO. 13-5425 CIVIL To: TERRY HARNER A/K/A TERRY L HARNER 154 HOLLENBAUGH RD CARLISLE, PA 17015 Date of Notice: October 11, 2013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. BEDFORD ST. CARLISLE, PA 17013 717-249-3166 L I DAVID J. APOTHAKER, ESQUIRE APOTHAKER& ASSOCIATES, PC A Law Firm Engaged in Debt Collection 520 Fellowship Road C306 Mount Laurel,NJ 08054 (800) 672-0215 Attorney for Plaintiff Attorney ID #38423 365224 * Q 3 6 5 2 2 4 5 1 0 - 1 -