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HomeMy WebLinkAbout05-0222i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION LLC NO. 05 el(U'L'?-Tsjz" ASSIGNEE OF PROVIDIAN NATIONAL BANK 210 SYLVAN AVENUE ENGLEWOOD CLIFFS, NJ 07632 Plaintiff VS. CIVIL ACTION - LAW JAMES R GEPHART 102 NOARCH ST MECHANICSBURG PA 17055 Defendant(s) COMPLAINT Now comes the Plaintiff, PALISADES COLLECTION LLC by and through its attorneys, and the law firm of Wolpoff & Abramson, L.L.P., and files this Complaint and in support avers as follows: 1. Plaintiff, PALISADES COLLECTION LLC ASSIGNEE OF PROVIDIAN NATIONAL BANK 210 SYLVAN AVENUE ENGLEWOOD CLIFFS, NJ 07632 is a business entity doing business within the Commonwealth of Pennsylvania and the other states of the United States. 2. Defendant, JAMES R GEPHART is an adult individual with a last known address of 102 NOARCH ST MECHANICSBURG PA 17055 COUNTY OF CUMBERLAND 3. It is averred that Defendant(s) was/were issued an open end credit card account. 4. At all relevant times material hereto, Defendant(s) has/have used said charge card for the purchase of products, goods and/or for obtaining services. CCPNRI/PARET W&A FILE NO. 120244768 5. Plaintiff provided Defendant(s) with copies of the Statements of Account showing all debits and credits for transactions on the aforementioned credit card account to which there was no bona fide objection by Defendant(s). A true and correct copy of the Statement of Account is attached hereto, incorporated herein, and marked as Exhibit "B". 6. As of the date of this Complaint, the remaining balance due, owing and unpaid on Defendant's credit card account as a result of the charges made by said Defendant(s) and/or any authorized users is the sum of $ 9334.80. 7. Pursuant to the Credit Agreement and/or applicable Pennsylvania law, any unpaid or delinquent balances on said account shall continue to bear interest at the rate of 18.00%. See Exhibit "A" as previously identified herein. 8. As of the date of the filing of this Complaint, the amount of interest which has accrued is the sum of $ 1358.02. 9. As of the filing of this Complaint, Plaintiff has incurred reasonable attorney's fees from the law office of Wolpoff & Abramson, L.L.P. in the collection of the amounts due from Defendant(s) incident to the within action based upon 20% of the principal amount due and owing, and Plaintiff shall continue to incur such attorney's fees through the conclusion of the proceedings. 10. The amount of attorney's fee which has accrued is the sum of $ 3224.98. 11. Despite reasonable and repeated demands for payment, Defendant(s) has/have refused and continue to refuse to pay all sums due and owing on the aforementioned account balance, all to the damage and detriment of the Plaintiff. 12. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in favor of the Plaintiff and against Defendant(s) in the amount of $ 9334.80, plus attorneys fees in the amount of $ 11201.76 , plus interest in the amount of $ 1358.02, plus costs of this action and any other relief as this Court deems just and reasonable. Respectfully submitted, Amy F. Doyle 062 Daniel F. Wolfson #20617 Bruce H. Cherkis #18837 Philip C. Warholic #86341 David Schertz #81925 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 267 East Market St., York, PA 17403 (717) 846-1252 Counsel for Plaintiff CPWRI2/PARET W&A FILE NO. 120244768 ATTORNEY VERIFICATION I hereby state that I am the attorney for the Plaintiff, who is located outside of this jurisdiction and in order to file the within document in an expedient and timely manner, am authorized to take this verification on behalf of said Plaintiff in this action and verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief, based upon information provided by the Plaintiff. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: Amy F. Doyle ?J?B/es2 Daniel F. Wolfson #20617 Bruce H. Cherkis #18837 Philip C. Warholic #86341 David Schertz #81925 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Practice of Debt Collection 267 East Market St., York, PA 17403 (717) 846-1252 Counsel for Plaintiff PAVERF/PARET W&A FILE NO. 120244768 Z4lll EXHIBIT "A" I! PRGViDIAN Financial PROVIDIAN NATIONAL BANK VISA* AND MASTERCARD* ACCOUNT AGREEMENT X01.9152-0 3058 Please review this document and keep it with your other important papers. This Account Agreement comains the terms that govem your Providian National Bank VISA Or MasterCard Account (the "Account). T he Account allows you to make purchases by using your'ASA or MasterCard credo card (the "Card) wherever it is honored and to get cash advances from us or any other participating financial institution and from Automated Teller Machines. Convenience checks may also be provided to you as an additional way to use the Account in this Agreement. "you" and "your" mean each person for whom we have opened a credit card Account. "lee." "our," "ours," and "us" mean Providlan National Bank, or its assignees, as listed can your billing statement. The Account may be used only for personal, family, household, and charitable purposes, and not tar any business or commercial purpose. Any use of this Account shall constitute acceptance of the terms of this Agreement. You and we agree as follows: Payments. You will receive a monthly statement showing your outstanding balance. Payment an this Account is required in U.S. dollars (checks must be payable at a U.S. office of the bank the check is drawn on) for at least the payment due as shown on your statement by the payment due date in accordance with payment instructions on your monthly statemenj The back of your monthly statement includes the rules we follow when we post payments to your Account. Convenience checks and other checks we may issue to you may not be used to make payments on your Account or to make payments an any other account you have with us or our affiliates. The payment due will be: 3% of the new balance shown on your statement plus the amount of any past due payment, and may include the amount by which the new balance exceeds your credit line. However, the payment due will not be less than S15 (unless your new balance is less than $15, in which case the payment due will be the amount of the new balance). If your Account is past due or above the credit line, we may require a higher minimum payment, but we will notiy you before doing so. It your payment is more than the payment due, it wig be treated as a single payment and none of it will be applied to future payments due. We may accept late or partial payments, or payments marked "paid in tuir or marked with other restrictions, without losing our right to collect all amounts owing under this AgreemenL Finance Charges. Finance charges begin to accrue on a debit when it is included in one of your daily balances and continue to accrue until that tbalance is reduced by a payment or credo. Your Account has two daily balances: the Purchase Balance. which consists of purchases you make with your Card and fees, other titan cash advance transaction fees, charged to your Account including fees for optional services; and the Cash Advance Balance. which consists of all cash advances and cash advance transaction fees. Any payment amount we receive that exceeds the finance charges and fees then due will ordinarily be applied first to the Balance with the lower ANNUAL PERCENTAGE RATE (APR) until that Balance is zero, and then to the remaining Balance. We reserve the right to apply payments differently without further notice. The Purchase and Cash Advance Balances are reduced by payments as of the date received, and by credits as of the date posted. Purchases are included in your Purchase Balance as of the date made. Fees are included in your Purchase Balance as of the transaction date. Cash advances are included in your Cash Advance Balance as follows: cash advances from other financial institutions and through Automated Teller Machines as of the date made-, funds electronically transmitted, as of the data transmitted; cash advance checks made payable to you that are identified as cashier's checks, which we may mail to you at your request, as of 1 seven days after the date we prim on the check; all other checks, including any convenience checks, as of the date presented to us. Cash advance transaction fees are included in the Cash t Advance Balance as of the transaction date. Other debits are included in your Purchase or Cash Advance Balance as of the date posted. Finance charges are added to your Purchase and Cash Advance Balances each day and are then posted on the last day of the billing cycle. There is no period within which credo extended may be repaid without incurring a finance charge. To figure the daily finance charge for purchases and the daily finance charge for cash advances, we start with your previous day's Purchase Balance and Cash Advance Balance, add all debits and subtract all credits for the current day to the applicable Balance (as explained in the paragraph above), and multiply the net amount by the applicable daft' periodic rate (see I following paragraphs). The finance charge for purchases is then added to and included in that day's Purchase Balance, and the finance charge for cash advances is then added to and included in that day's Cash Advance Balance. We treat a credit balance for any day as zero. We determine the total finance charges on your Balances for the billing cycle by adding together - ' the finance charge for purchases for each day within the billing cycle and the finance charge for cash advances for each day within the bilfirtgy". In calculating finance charges, an adjustment will be made for arty transaction or payment that would have affected the finance charge calculation in a prior billing cycle had it been posted in that cycle. The applicable daft' periodic rate for such a transaction will be the rate in effect for the current billing cycle rather than the rate in effect on the date of the transaction. u The term 'Prime Rate' as used In this Agreement means the prime rate published in The Wail Street Journal on the first business day of the previous calendar month. Any increase or decrease in the APR will take effect on the first day of your billing cycle and may result in a slight increase or decrease in the amount of your minimum payment. i"A The ANNUAL PERCENTAGE RATE for purchases will vary and may be adjusted each billing cycle up to 10.99% above Prime Rate. Using this formula, the APR for purchases in the i April 2000 billing cycle is 19.999., corresponding to a daily periodic rate of 0.0548%, and your APR for purchases will not go below 19.99%. The ANNUAL PERCENTAGE RATE for cash advances wig vary and may be adjusted each billing cycle up to 12.99% above Prime Rate. Using this formula, the APR for cash advances in the April 2000 billing cycle is 21.99%, corresponding to a daily periodic rate of 6.06021Y., and your APR for cash advances wig not go below 21.99%. To determine the average daily balance shown on your statement for purchases, add each day's Purchase Balance (including daily finance charge) in the billing cycle and dividii by the number of days in the billing cycle. To determine the average daily balance shown an your statement for cash advances, add each day's Cash Advance Balance (including daffy finance charge) in the billing eyWe and divide by the number at days in the billing cycle. You can multiply each of these average daily balances by the number of days in the billing cycle and by to applicable daily periodic rate to obtain subtotals, and then add the two subtotals togetter to determine the total amount of finance charges an your balances for the billing cycle, 4 a rests advance transaction tea, credo line increase fee, or Express Card processing fee is charged (see Fees section), those amounts are also FINANCE CHARGES. Fees. A membership fee of $7.95 will be charged to your Account each month. It you request and we issue an additional Card on your Account for an authorized user, a fee of S20 for each additional Card will be charged to your Account This fee wig be charged to your Account when the additional Card is issued and every 12 morrtls thereafter for as long as each addglonal Card is outstanding. If you request and use our Express Card Service, a one-time fee of $19.95, winch is a FINANCE CHARGE. will be charged to your Account. In some cases, express processing may not be available. We may charge your Account $29 for each Card you ask us to replace; each retumed payment: each check you write on your Account that we return unpaid; each stop payment order or renewal of such an order, each billing cycle within which your Account is delinquent (IM charge); and each billing cycle within which your balance exceeds your credit line even it your Account is closed. If you request copies of billing statements that were first sent to you more than two nwnths earlier, we may charge a handling No of S2 for each such copy. A cash advance fee Of 3% (minimum S5), which is a FINANCE CHARGE, may be charged for each cash advance transaction made on your Account For some credit line increases, you may be charged a in, which is a FINANCE CHARGE, the amount of which will be disclosed to you before you accept the time increase offer. If you request that we make a one-time automatic payment from your personal checking account, we may charge your Account a fee of $4.95 for each request This fee is a FINANCE CHARGE, and ft will apply whether or not funds are available in your personal checking account to make the payment. Detaalt You will be in default it any information you provided us proves to be incomplete or untrue; g you do not comply with arty part of this Agreement; upon your death, bankruptcy, or insolvency; if you do not pay other debts when due; it a bankruptcy petition is toed by or against you; or if we believe in good faith that you may not pay Of perform your abligatbns under this Agreemar. If you are in default we may, without further demand or notice, cancel your credit privileges, declare your Account balance immediately due and payable, and use any remedy we may have. In the event of your default the outstanding balance on your Account will continue to accrue interest at the APR(s) dlscMsed In the Finance Charges section of this 3 Agreement, even it we have filed suit to collect the amount you owe. Credit Line. Your credo line and cash advance line are disclosed when you open your Account and on your statement each month. Your cash advance line is limited to a portion of your credo line. We may increase or decrease your credit line and/or your cash advance line based on information we obtained from you or your credit records. Your available credit for purchases is normally the difference between your credit line and your Account balance (including transactions made or authorized but not yet posted). Your available credit for a cash advance is normally the difference between your rash advance line and your Cash Advance Balance or the difference between your cradlt fine and,your Account balance, whichever Is less. It you send us a large payment. we may limit your available credit while we confirm that the check will clear, For certain transactions, available credo may be less. You will not use your Account for, and we may refuse to honor, any transaction that would cause you to exceed your available credo or your available credit for cash advances. Your credit One may be reduced g you attempt to go over your rash advance credit One. Promise to Pay. You promise to pay us when due all amounts borrowed when you or someone else uses your Account (even it the amount charged exceeds your permission), all other transactions and charges to your Accowtt, and all collection costs we incur including, but not limited to, reasonable attorneys fees and court costs. (K you win the suit, we will pay your reasonable attorney's fees and court toss ) Changes. After we provide you any notice required by law, we may change any part of this Agreement and add or remove any terms, conditions, or requirements. It a change is made to the Finance Charges section of this Agreement, the new finance charge calculation will apply to your entire Account balance from the effective date of the change. Changes wig apply to balancas that include items ousted to Your Account before the date of the change. and will apply whether or not you continue to use the Account. Foreign ExchangelCunrency Conversion. If you use your Card for transactions in a currency other than U.S. dollars, the transactions wig be converted to U.S. dollars, generally using either a (f) government-mandated mate or (ii) wholesale market rate in effect the day before the transaction is processed, increased by 3%. If a credit is subsequen y given for a transaction, It will be decreased by the same percentage. The currency conversion rate used on the conversion date may differ from the rate in effect on the date you used your Card. You agree to accept the converted amount in U.S. dollars. The Card; Cancellation. You may cancel your credo privileges at any time by notifying us in writing and destroying the Card(s). Upon the Card expiration at the and of the month shown on it, we reserve the right not to renew the Card. We may cancel the Card and your credit privileges at arry time attar 30 days notice to you, or without notice g permitted by law. If your Card is cancelled or not renewed, finance charges and other fees will continue to be assessed, payments will continue to be due, and all other applicable provisions of this Agreement will remain in effect. If you terminate your credit privileges, or if we cancel or do not renew the Card: you may no longer write checks on your Account and you should destroy any unused checks we may have issued to you. 51)00 iCononued on reverse! 06019 r POdU17a101orm8U0n; OQfafl1110. YOU A provide us at W910 days notice N you change your name. horse or mairutg address. telephone numbers, employment or income. Upon our request you will provide us additional financial information. We reserve the right to obtain information from others, including credit reporting agencies, and to provide your address and information about T your Amount to others. We may also share information with our business affiliates. Howes( you m2v write to us at anv time mSVucixa us not to share credit information with our affiliates. It you do not fulfill your obligations under this Agreement, a negative credit report that may reflect on your credit may be submitted to credit reporting agencies. Customer Service; Unauthorized Use, Lass, or Theft Of Checks Of the Card. Each Card must be signed on receipt. You are responsible got safeguarding the Card, your personal Identification Number (PIN), which provides access to Automated Teller Machines, and any checks issued to you from theft, and for keeping your PIN separate from your Card. If you discover or suspect that the Card, PIN, or arty unused checks are last or stolen, or that there may be an unauthorized transaction on your Account, you will promptly notify us by calling 1-800-211-5815. So we can immediately ad to limit losses and I'abTity, you win phone us even though you may also notify us in writing. Your lability for unauthorized use occurring before you notify us is limited to $50. If you report or we suspect unauthorized use of your Account, we may suspend your credit privileges until we resolve the problem to our satisfaction or issue you a new Card. It your Card is lost or stolen, you will promptly destroy 20 checks that may be in your possession. To improve customer service and security, you agree that your calls may be monitored or recorded. Merchant Relations. We will not be table it arty person or Automated Teller Machine refuses to honor the Card or accept your checks, or fans to return the Card to you. We have no responsibility for goods and services purchased with the Card or checks except as required by law. (See Special Rule below.) Certain benefits that are available with the Account are provided by third-parry vendors. We are not responsible for the quality, availability, or results of any of the services you choose to use. Stop Payment Orders. It you wish to stop payment on a check, you may send us a stop payment order by writing to us at our address tar Customer Service listed on your statement. You can make a stop payment order orally by calling the number listed on your statement When you make a stop payment order, you must provide your Account number and specific information about the check the exact amount, the date on the check, the name of the party to whom it was payable, the name of the person who signed it, and the check number. You will be asked to confirm an oral stop payment order in writing. We may disregard your oral order If we do not receive a sinned written confirmation within two weeks after the oral g= or if we have not received an adequate description of the item so that payment can be stopped. The order will not be effective if the check was paid by us before we had a reasonable opportunity to ad on the order. We may, without liability, disregard a written stop payment order six tngnths after receipt unless it is mnewed in writicg. Standard of Care. Because this Account involves a credit card and may involve check transactions that are processed through separate national systems before the transactions are consolidated by us, and because not every check and Card slip will be sent to us, transactions in your Account will be processed mechanically without our necessarily reviewing every itetn. Our processing system will call our attention to certain items, which we will examine. We will examine all transactions when you report that your Card or arty dhadks have been lost or stolen. We do not intend ordinarily to examine all items, and we will riot be negligent t we do not do so. This rule establishes the standard of ordinary can that we in good faith wig exercise in administering your Account. Because of our limited review, and bemuse neither your cancelled checks tar Card transaction slips will be returned to you with the manthly statement, you should be careful to enter all checks in your check register or otherwise keep a record of them. You should also save your credit card cash advance and purchase slips. ypu .' aoree to check your monthly statements against your record and to notify, us immediately of any unauthorized transactions or errors. Waiver of Certain Rights. We may delay or waive enforcement of any provision of this Agreement without losing our right to enforce it or arty other provision later. You waive: the right to presentment, demand, protest, or notice of dishonor, any applicable statute of limitations; and any right you may have to require us to proceed against anyone before we foe suit against YOLL Applicable Law; Severabillty; Assignment. No matter where you live, this Agreement and your Account are governed by federal law and by New Hampshire law. This Agreement is a tlnal expression of the agreement between you and us and may not be contradk3ed by evidence of arty alleged oral agreement If any provision of this Agreement is held to be invalid or unenforceable, you and we will consider that provision modified to conform to applicable law, and the rest of the provisions In the Agreement will still be ardomeabk. At any time after we determine in good faith that arty proposed or enacted legislation, regulatory action, or judicial decision has rendered or may render any material provisions of this Agreement invalid or unenforceable, or impose any increased tax, reporting requirement or other burden in connection with any such provision or ft entorcement;.we,R?ay, attar at least 30 days notice to you, '?? or without notice it permitted by haw, cancel the Card,artd your credit privileges. We may transfer or assign our right to all or some of your payments. If state law requires that you receive notice of such an even to protect the purchaser or assignee, we may give you such notice by filing a financing statement with the state's Secretary Of State. Notless. Other notices to you shag be effective when deposited in the mail addressed to you at the address shown In our records, unless a longer notice period is specified in this Agreement or by law, which period shall start upon mailing. Notice to us shag be mailed to our address for Customer Service on your statement (or other addresses we may specify) and ti stroll be effective when we receive ht YOUR BIWNG RIGHTS - KEEP THIS NOTICE FOR FUTURE USE. This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act ' No" Us In Case or Errors or Questions Abut your Bill. if you think your bill is wrong, or it you need more information about any transaction on your b01, write us, on a separate sheet, at our address listed in the Billing Rights Summary on your bill. Write to us as soon as possible. We must hear train you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following: Your name and Account number-The dollar amount of the suspected error - A description of the error and an explanation, If possible, of why you believe them is an error. It you need more information, describe the item you are not sure about Your R1Qbts and Our RespondbliNes After We Reaeiss your Written NOfte. We must acdmowledge your later within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the eroor or explain why we believe the bill was correct After we receive your letter, we cannot try to cooed any amount you quesilm, or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit line. You do not have to pay any questioned amount while we am investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find tat we made a mistake on your bill, you•wi0 not have to pay any finance charge related to arty questioned amount. If we didn't make a mistake, you may have to pay finance charges, and you will have to make up the missed payments on the questioned amount In either case, we will send you a statement of the amount you owe and the date that it is due. If you fall to pay the amount we think you owe, we may report you as delinquent. However, If our explanation does not satisfy you and you write to us within 10 days telling us that you still refuse to pay, we roust tell anyone we report you to that you question your WIL And, we must tell you the name at anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when It finally is. If we don't follow these rules, we can't collect the first $50 of the questioned amount, even it your bill was correct Special Rule for Crsdlt Card PoreMsas. If you have a problem with the quality of the property or services that you purchased with our credit card and you have tried in good faith to correct the problem with the merchant, you may not have to pay the remainkhg amount due on the property or services. Them are two limitations on this right (a) you must have made the ` purchase in your home state, or it not within your home state, within 100 miles at your current trailing address, and (b) the putdtase price must have been more than SM. These .., ; limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. REWARDS PROGRAM - The following Terms and CoaMons, along with the Redemption Rules disclosed In the Rewards Brocana ("9rochuml, apply to the Rewards Program Pmgran"). Eligibility. Participation in the Program is restricted to individuals who maintain a Providian VISA or MasterCard credit card account ("Account") in good standing. We reserve the right -' to approve, deny, or revoke membership or not allow redemption of Rewards, as defined below, to any individual for any reason whatsoever. Earning of Paints. During the first 12 months your Account is open, you will earn 2 points ("Poinsl for each $1 of Net Purchases.Thereatter, at the end of each monthly billing cycle, you will earn t Point for each $1 of Net Purchases. 'Net Purchases" means purchases of goods or services trade by you or any authorized user at the Account, minus any returns or refunds, and excluding balance transfers, cash advances, traveler's checks, and access checks. Points do not accrue for interest charges or fees of any kind, such as late payment fees, annual fees, overlimit fees, and unauthorized charges. Changes made to the above fist are at our sole discretion. Point accrual will begin upon your Enrollment Oats in the Program. No retroactive Points will be awarded. The Enrollment Date means ft data we approve you as a Program member. Points may only be earned it your Account is open and Is not past due or above the credit One. When your Account is current and is within its credit line, you will begin to earn Points again. There Is no limit on the number of Points that can be earned. Points do not have a cash value, cannot be purchased or exchanged for cash, and cannot under any circumstance be redeemed tar cash or used as a payment for your Account or other obligations to UL Statement of Points. Program Points am updated monthly at the time of your Account biting statement Points earned during the month will be posted at your billing statement date and are not available for redemption until at least two business days after your billing statement date. Expiration of Points. Points will expire five years after being awarded. Points redeemed and expired will be based on a first-earned, first-spent basis. ' Redemption of Points. Poles may be redeemed for products or services ('Rewards"), which an set forth In a Brochure mailed to you from time to time. Points may only be redeemed it i your Account is open and is not past due or above the credit line. Ail Rewards am subject to availability. We reserve the right to modify or cancel any Reward at any time. When Points am redeemed for a Reward, the number at Points required for the Reward will be subtracted from your Point balance. You will contact the parties listed in the Brochure for instructions on how to redeem your Pains. Tax 1labtllry and Fees. You will be responsible for arty federal, state, or local taxes due arising out of the accrual of Points or redemption of the Rewards. You will also be responsible for arty fees or other charges due in connection with the redemption of any Reward. Changes to the Program. The Program and the benefits am offered at our sole discretion. We reserve the right to alter or change any Program feature or benefit, prospectively or retroactively, including, without limitation, Point accrual or redemption criteria, and to cancel or temporarily suspend the Program at any time without notice. In the event you commit any fraud or abuse your privileges relating to the accrual of Points or redemption of Rewards, we reserve the right to cancel any accrued Points as wag as cancel your Account and participation in the Program. If we cancel the Program, we will normally provide at least 30 days written notice to you at the address provided to us. However, if you violate any provision of these Terms and Conditions, you am in default under your Account, or your Account is dosed, we may cancel the Program without providing you 30 days written notice and you will forfeit any unused Points. You may cancel your participation at any time. The Program is void where prohibited by federal. state, or local law. Rewards. Maritz Inc. and SRI provide administrative services for redemption of the Rewards. Maritz Inc. and SRI are independent contractors and are not affiliated with us. Neither we, Maritz Inc., nor SRI shall be liable for bodily harm and/or property damage that may resut from participating in the Program, nor tar the redemption of Rewards and use of Rewards. In the event any Reward that is redeemed is modified, defective, or otherwise unsatisfactory to you, you will look safely, a the merchant or manufacturer of the Reward and not to us tar any repair, refund, or satisfaction of your claim. We are not responsible for any lost, stolen. destroyed, or expired Rewards. EXHIBIT list, ?OI?'n?ArA000N£SN(n[7DD?? V ONE2NNODn Q? V Ar(')I? D'D '*? u 0 c 0 -C 0 0 :TV M 0 0 0 0- CL CL 01 0 0 0 0 0 0 -h -• CL a 0 70 c -0- 0 r+777NO010 a(T0-s 3'00 CL CL 7776073'0 N r+ O. 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SHERIFF'S RETURN - REGULAR CASE NO: 2005-00222 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PALISADES COLLECTION LLC VS GERHART JAMES R JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE JAMES R was served upon the DEFENDANT , at 1915:00 HOURS, on the 20th day of Janua?, 2005 at 102 NORTH ARCH STREET MECHANICSBURG. PA 17055 JAMES GERHART by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 7,40 Affidavit .00 Surcharge 10.00 .00 35.40 Sworn and Subscribed to before me this 6, day of hoc, S A. D. Prothonotary So Annssyw/ers : //may s Kline 01/21/2005 WOLPOFF & ABRAMSON By: / D putt' Sheriff Curtis R. Long Prothonotary office of the Vrotbonotarp Cumberlarlb QCountp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor OS - a 2a.- CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 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 n^. r,111 thn„cP Crnjare - Carlisle, Pennsvivania 17013 - (717) 240-6195 - Fax (717) 2Q?_F,57 i