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HomeMy WebLinkAbout14-0227 Supreme Court.of Pennsylvania ,Y,�°~- � For Prothonotary Use Only: 1 1 - c� i .� l 1 , CouA" f Co Tleas ivilove 1 Sheet Docket No: CUMBE County The information collected on this form is used solely for court administration purposes. This form does not suppletnent or replace the filing and service o fpleadings or other py ers as required by lcnv or rules of court. S j Commencement of Action: D Complaint 0 Writ of Summons 0 Petition E+ ❑ Transfer from Another Jurisdiction 0 Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T { MIDLAND FUNDING LLC assignee of CREDIT ONE BANK, RANDALL MILLER N.A. Dollar Amount Requested: X within arbitration limits Q Are money damages requested 17 Yes ❑ No (Check One) outside arbitration limits A Is this case Class Action Suit? ❑ Yes ® No Is this an MDJ Appeal? ❑ Yes ® No i Name of Plaintiff/Appellant's Attorney: Michael B. Volk #88553 ❑ 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. c. APPEALS TORT (do not include Mass Tort) CONTRACT (do not include d a CIVIL A PEA S 0 Intentional Judgments) Administrative Agencies ❑ Malicious Prosecution ❑ Buyer Plaintiff 0 Board of Assessment S 0 Motor Vehicle 9 Debt Collection: Credit Card ❑ Board of Elections ❑ Nuisance 0 Debt Collection: Other 0 Dept. of Transportation E+ ❑ Premises Liability ❑ Statutory Appeal: Other C 0 Product Liability (does not include T , mass tort) ❑ Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination j 0 Other: ❑ Employment Dispute: Other ❑ Zoning Board Q 0 Other: N MASS TORT ❑ Other: 0 Asbestos 0 Tobacco 0 Toxic Tort - DES B 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration 0 Other: ❑ Eminent Domain /Condemnation 0 Declaratory Judgment ❑ Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute ❑ Non - Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure:Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal ❑ Quiet Title 0 Other: ❑ Medical ❑Other: 0 Other Professional: Pa.R.C.P. 205.5 PA CCSG IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC T A assignee of CREDIT ONE BANK, N.A. �� AM �:b 34 Plaintiff NO. -�`� " V. CIV CTION - LA� YLV A�1 RANDALL MILLER Defendant(s) 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 an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed or any other claim or relief requested by the Plaintiff. You may lose money or property 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 HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S BEDFORD ST. CARLSILE, PA 17013 (717) 249 -3166 FFG File # 11111111111 ME 11111111111111111111111111111111111111111111 D OpA � . � S �� 1 aft 0 PA/PA_NTCDE � �� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC assignee of CREDIT ONE BANK, N.A. Plaintiff NO. V. CIVIL ACTION - LAW RANDALL MILLER Defendant(s) NOTICIA USTED HA SIDO DEMANDADO /A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte (20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o: por un abogado y archivando por escrito con la Corte sus defensas o objeciones a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un juzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante para usted. UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS. QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 32 S BEDFORD ST. CARLSILE, PA 17013 (717) 249 -3166 FFG File #: 374307 PAPA NTCDE CIVIL ACTION 1. Plaintiff, MIDLAND FUNDING LLC, is a business entity with offices located at 8875 Aero Drive, Suite 200, San Diego, CA 92123. 2. MCM§ records show that the Defendant(s) RANDALL MILLER is/ are individual(s) residing at 578 W LOUTHER ST, CARLISLE, PA 17013. 3. As set forth in records maintained on behalf of Plaintiff, this action is based upon a credit agreement entered into between Defendant(s) and the original credit grantor. 4. Plaintiff is the current owner of, and/or successor to, the obligation sued upon, and was assigned all the rights, title and interest to Defendant§ CREDIT ONE BANK, N.A. account XXXXXXXXXXXX5920 (hereinafter "the account "). Midland Credit Management, Inc. (hereinafter "MCM ") services the account on behalf of Plaintiff. 5. MCM§ records state that this action is based upon a credit agreement entered into between defendant(s) and the original credit grantor. MCM§ records further state that defendant(s) used or authorized the use of the credit account but failed to make the payments due pursuant to the agreement. 6. MCM§ records show that the defendant(s) owed a balance of $768.09 as of 2013- 10 -23. WHEREFORE, Plaintiff respectfully requests that judgment be nt ed in favor of Plaintiff and against Defendant(s) in the amount of $768.09, togethe th interest and costs of this action. By � "vv aA Valk -, Attorney for Plaintiff ,0,s4 0 al , 6 Page - 1 8538776721 AFFINDEBT C0131308 Verification Jessica Vogt, being duly sworn (or affirmed) according to law deposes and says that I am employed as a Legal Specialist for Midland Credit Management, Inc. ( "MCM "), servicer of this account on behalf of plaintiff. I am a competent person over eighteen years of age, and make these statements herein based upon personal knowledge of those account records maintained on plaintiff behalf. I am authorized to make this verification on plaintiff's behalf. The facts set forth in the foregoing pleading are true and correct. 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. NOV 0 0 2013 Date Jessica Vo GA1 Frederick J Hanna & Associates, P.C. Page - 2 IimAiiIill lli iul im ll lIli Iiu 8538776721 AFFINDEBT C0131308 M- 100833 CredW. 8 A N K Annual Percentage Rate (APR) 23.90% for Purchases This APR will vary with the market based on the Prime Rate. APR for Cash Advances 23.90% This APR will vary with the. market based on the Prime Rate. Paying Interest We will begin charging interest on purchases and cash advances on the posting date. Minimum Interest Charge $1.00 for any billing cycle in which an Interest Charge is due. For Credit Card Tips from the To learn more about factors to consider when applying for or using a credit card, visit the website of Federal Reserve Board the Federal Reserve Board at . http://www.fed era I rese rve.goy/cred litea rd Set -up and Maintenance Fees Notice: The Annual Membership Fee will be billed to your account when it is opened and will reduce the amount of your initial available credit. If your account is established with a $300 credit line, your initial available credit will be $225. You may still reject this plan, provided that you have not yet used the account or paid a fee after receiving a billing statement. If you do reject the plan, you are not responsible for any fees or charges. - Annual Fee $75 first year. $99 thereafter, billed monthly at $8.25. Transaction Fees • Cash Advance Either $5 or 8% of the amount of each cash advance, whichever is greater. The Cash Advance Transaction Fee will be waived for the first 12 months after account opening. Penalty Fees Late Payment $35 Over- the - Credit Limit None Returned Payment $35 How We Will Calculate Your Balance: We use a method called "average daily balance (including new purchases) ". See your Cardholder Agreement, Disclosure Statement and Arbitration Agreement ( "Agreement') for more details. Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in your account agreement. 1 VISA /MASTERCARD CARDHOLDER AGREEMENT, DISCLOSURE STATEMENT AND ARBITRATION AGREEMENT This Agreement, together with the application you previously signed and the enclosed Arbitration Agreement, govems the use of your VISA or Mastercard" Account issued by Credit One Bank, N.A. (the Account;' "Card" or "Card Account ").The words "you, "your" and "Card holder(s)" refer to all persons, jointly and severally, authorized to use the Card Account; and "we, "us; "our," and "Credit One Bank" refer to Credit One Bank, N.A., its successors or assigns. By requesting and receiving, signing or using your Card, you agree as follows: IMPORTANT NOTICE: Please read the Arbitration Agreement portion of this document for important information about your and our legal rights under this Agreement. 1. CHANGES IN AGREEMENTTERMS: We can change any term of this Agreement, including the rate of the finance charge orthe manner in which the finance charges are calculated, or add new terms to this Agreement, at any time upon such notice to you as is required by law. As permitted by law, any change will apply to your new activity and, in certain circumstances, to your outstanding balance when the change is effective. If you do not wish to be subject to the change, you must notify Credit One Bank by calling ourtoll -free number at 866 -515 -5721 or you may write to us at Bank Card Center, P.O. Box 95516, Las Vegas, NV 89193 -5516 prior to the effective date of the change, and close your Account. 2. JOINT ACCOUNTS: If the application was for more than one person, or if an application was made and accepted by Credit One Bank to add a new Cardholder to an existing Account, this is a "Joint Account" Each of you individually may use the Account to the extent of the credit limit established forthe Account, and each of you is jointly and severally liable for the full outstanding balance, including, but not limited to, charges made by any Cardholder. Each of you shall also be jointly and severally liable for any charges made by any person given permission to use the Account by any Cardholder. You agree that Credit One Bank is authorized to act on the instructions of any Cardholder. Instructions from any one of you will constitute instructions from all of you. Requests from a Cardholder to terminate the privileges of another Cardholder on the Account will be deemed a request for termination of the Account. 3. CONFLICTS BETWEEN CARDHOLDERS: In the event Credit One Bank receives conflicting instructions from one or more of you, or if Credit One Bank has reason to believe there is a dispute between the Cardholders, Credit One Bank may, at its sole discretion, take one or more of the following actions: (1) refuse to act on any conflicting instructions; (2) restrict the Account and deny access to all Cardholders until the dispute is resolved; or (3) terminate the Account In no event will Credit One Bank be liable for any delay or refusal to honora requestforan advance or any other request with respect to yourAccount, orfor restricting or terminating the Account as provided in this section. 4.YOUR CREDIT LIMIT:Your Credit Limit will be established by Credit One Bank and will be disclosed to you when your Card is issued. It also will be shown on each of your billing statements. We reserve the rightto modify your Credit Limit from time to time, and if we do so, we will notify you.You agree notto engage in any Card transaction that would cause your outstanding balance to exceed your Credit Limit. Credit One Bank may, but is not obligated to, extend credit to you from yourAccount if you are already up to your Credit Limit or if the borrowing would take you over your Credit Limit at any time. You must pay us on demand any amount by which your Account's balance exceeds your Credit Limit. If we extend credit over your Credit Limit, we will not be obligated to do so again, and such extension will not result in any waiver of our rights under this paragraph. 5. USINGYOUR CARD: You may use your Card: (1) to make purchases of goods or services at merchant establishments where the Card is accepted, and (2) to obtain cash advances (i.e., loans of money) at participating financial institutions. Each purchase and cash advance you obtain will reduce the available credit under your credit limit until it is repaid. Cash advances are limited to 25% of your assigned credit IimitCash advances cannot exceed two transactions or more than $200.00 per day, as applicable.You promise to pay us, when due, the total amount of all purchases and cash advances, as well as all finance charges, and other fees and charges billed to your Card Account.You may not use your Card for any illegal purpose. 6. AUTHORIZATION: Merchants or banks may contact us on your behalf to obtain authorization for Card purchases or cash advances. You agree that we shall have no liability if: (a) any merchant or bank refuses to honoryour Card, (b) operational difficulties prevent authorization of a transaction, (c) authorization is declined because your Account is overlimit or delinquent, or (d) credit has been restricted pursuant to any term of this Agreement. 7.YOUR MONTHLY STATEMENT: Your Account will be on a monthly billing cycle. We will send you a statement each month that there is activity or an outstanding balance on yourAccountThe statement itemizes yourAccount activity, including purchases, cash advances, fees, finance charges, other charges, and payments and credits posted during the billing period. The payment coupon portion of the statement will serve as your bill. When making payment, write yourAccount number on your check or money order and return the coupon with your payment.You should retain the remaining portion of your statement for your records. If any payment is received that does not contain yourAccount number or is not accompanied by your payment coupon, Credit One Bank will not be liable for processing delays orfailure to process the paymentto your Account If the Bank offers, and you elect to receive, your monthly statement electronically, paper statements will not be mailed to you. You will be responsible for making your payments by the due date, either through the Bank's website or telephone, for which a fee may apply, or by mailing your payment to the appropriate address designated for receipt of payments by mail. Credit One Bank will not be responsible for processing delays or failure to process the payment to yourAccount if a payment sent by mail does not contain yourAccount number. 8. ANNUAL MEMBERSHIP FEE: The Annual Membership Fee for your Account in year one is $75.00 and will be billed to yourAccount when it is opened. The Annual Membership Fee foryourAccount beginning in yeartwo is $99.00 and will be billed to yourAccount in monthly installments of $8.25 per month.The Annual Membership Fee will be billed to yourAccount as long as it remains open or, if yourAccount is closed by you or us, the Annual Membership Fee will continue to be charged until you pay your outstanding balance in full. The Annual Membership Fee is refundable as long as you cancel yourAccount and have not used your card for any Purchases or Cash Advances and you have not made a payment An Annual Membership Fee Notice, as required by regulation, will be provided to you at least once every 12 months. The Annual Membership Fee is imposed for providing services related to your Account, including but not limited to: the opportunity to use your card with participating merchants, providing renewal cards, providing monthly account statements, providing availability of customer service representatives for assistance, providing credit information to credit reporting agencies, and providing the opportunity for additional credit. 9. FINANCE CHARGES:Your Card Account is subject to finance charges and the total Finance Charges in your monthly billing cycle are the sum of the Periodic Finance Charges, Transaction Finance Charges, and Credit Limit Increase Fees which are calculated as follows: (a) Periodic Finance Charges: For purchases and cash advances, Credit Limit Increase Fees, Annual Membership Fees, Late Payment Fees and other fees and charges to your Account, the Periodic Finance Charge is calculated as follows: The Annual Percentage Rate ( "APR ") for Purchases and Cash Advances may vary and will be determined by adding 20.65 °k to the U.S. Prime Rate appearing in the "Money Rates" section of any edition of The Watt Streetiournat published on the 25th day of each month. If the Journal is not published on that day, then the Prime Rate on the next business day will be used. If the Prime Rate changes, the new rate will take effect on the first day of the following month. The new rate will be applied to all balances on the Account. The estimated APR for all balances is 3.25% plus 20.65°x, currently 23.90% (corresponding monthly periodic rate of 1.9916 %).The APR will never be greaterthan 29.90% (corresponding monthly periodic rate of 2.4916 %).The most recent Annual 2 Percentage Rate was disclosed to you when you received your credit card.There is a minimum Finance Charge of $1.00 for any billing cycle in which a Finance Charge is due. Periodic Finance Charges will be assessed from the date the purchase, cash advance, fee or charge is posted to your Account until the date it is paid in full, and will be calculated by applying the monthly periodic rate to the "average daily balance" of yourAccount To get the "average daily balance" we take the beginning balance of yourAccount each day, add any new purchases, cash advances, fees and charges, and subtract any payments or credits and unpaid periodic Finance Charges.This gives us the daily balance.Then we add up all the daily balances forthe billing cycle, and divide the total by the number of days in the billing cycle.This gives us the "average daily balance" Periodic Finance Charges will be assessed on all "average daily balances" until paid in full. All purchases, cash advances, fees or charges accrue finance charges starting on the date of posting, even if the new balance from your previous statement was paid in full or even if that new balance was zero. (b) Cash Advance Transaction Finance Charges: The Cash Advance Transaction Fee will be waived forthe first 12 months after Account opening. Afterthe first 12 months, each time you obtain a new cash advance, we will impose a Transaction Fee Finance Charge of 8% of the amount advanced or $5:00, whichever is greater. (c) Credit Limit Increase Finance Charges: The Credit Limit Increase Fee will be waived forthe first 12 months afterAccount opening. Afterthe first 12 months, a fee may be imposed for Credit Limit increases, as described under the "Credit Limit Increase Requests" section of this Agreement. (d) Foreign Transaction Finance Charges: Each time you make a foreign transaction, we may impose a Transaction Fee Finance Charge of 3 0 % of the amount charged or $1.00, whichever is greater. For additional information, see the "Foreign Transaction" section of this Agreement. (e) Fees Treated as Principal: For purposes of Finance Charge calculation, Credit Limit Increase Fees, Annual Membership Fees, Late Payment Charges, and other charges, except cash advance fees, will be treated like purchase transactions, posted as principal, and accrue Finance Charges like purchases. (f) Periodic Statement Annual Percentage Rate: If a finance charge imposed is required to be included in calculating the Annual Percentage Rate under the Federal Truth -in- Lending Act, the Annual Percentage Rate disclosed on your statement may exceed the corresponding Annual Percentage Rate disclosed in this Agreementfor any billing period in which such finance charge is posted to yourAccount 10. LATE PAYMENT CHARGES: If at least the amount due this period and amount past due are not received by the due date shown on yourstatement, a Late Payment Fee will be charged to yourAccount. The Late Payment Fee will be $35.00.The minimum payment shown on your statement will include the payment due for the current billing cycle, plus any Late Payment Fee for the current billing cycle, and any Amount Past Due. If at leastthe Amount Due This Period (less any Late Payment Fee) and the Amount Past Due are not received by the payment due date shown on your statement, a Late Payment Fee, as described above, will be charged to your Account. 11. OTHER CHARGES: In addition to the fees and charges described above, other charges that may be imposed on your Account include the following: (1) Returned Payment Fee: If a payment is returned for any reason, a Returned Payment Fee of $35.00 will be charged to your Account; (2) Duplicate Statement Fee: If you request a duplicate copy of a monthly statement, you will be charged a fee of up to $10.00 for each statement copy requested; (3) Sales Slip Request Fee: If you request a copy of a sales slip, for any purpose otherthan to resolve a dispute aboutthe charges on yourAccount, you will be charged a fee of $6.00 for each sales slip copy requested; (4) Co- applicant Fee: To add an additional Cardholder to the Account after it is opened, an application must be submitted to Credit One Bank.The co- applicant fee in effect at the time of such application will be required; and (5) Replacement Card Fee: If your Card is lost, stolen or destroyed and you request a replacement, a Replacement Card Fee of $25.00 may be charged to yourAccount 12. MINIMUM PAYMENTS: (a) You agree to pay either the entire outstanding balance or the Minimum Payment Due, as shown on your monthly statement. The Minimum Payment Due is 5% of your outstanding balance, rounded up to the next whole dollar, or $25.00, whichever is greater, plus any Late Payment Fee for the current billing cycle, and any Past Due Amount. Amounts in dispute are included in the outstanding balance for purposes of this calculation. For your Account to be considered current and to avoid a Late Payment Fee, you must pay at least the Amount Due This Period (less any Late Payment Fee forthe current billing cycle) and the Past Due Amount by the payment due date shown on your statement. (b) Certain other service fees may be added to your minimum payment amount When you sign up for such services, you will be notified if a fee forthe service will be imposed and if it is required to be added to your minimum payment. 13. SMALL BALANCES: As it is uneconomical for both you and us to process payments or maintain credits that are $1.00 or less in amount, you agree as follows: (1) In any billing cycle in which you have had no transactions and your New Balance on the billing date is $1.00 or less, the balance will be rounded to zero and you will not receive a bill for this amount. (2) In the event that you have a credit balance of $1.00 or less for two consecutive billing cycles, the balance will be rounded to zero and you will not receive a refund of this amount. 14. MAKING CHECK PAYMENTS: Your payments must be made in US currency only (personal check, money order, or cashier's check). You must not send cash through the mail, as Credit One Bank cannot be responsible for cash lost in the mailing process. To the extent that a payment reduces the principal amount outstanding on your Card Account, new credit will be available (subject to your credit limit), but only after 16 calendar days after our receipt of the payment. To insure prompt posting, your payments must be sent to the address indicated on your statement There will be a delay in posting payments to yourAccount for payments not sent to the address shown on your statement You agree that we may process any item delivered to us for payment on the day it is received, and that we are not required to honor special instructions or restrictive endorsements. As described above, if any payment is received that does not contain your Account number or is not accompanied by your payment coupon, Credit One Bank will not be liable for processing delays orfailure to process the payment to yourAccount. (a) Treatment of Check Payments: When you send us a personal check, you authorize us to process the check electronically. In addition, if a check we process in paper form is returned to us by your bank unpaid, we may re- presentthe returned check electronically. We use information from your check to electronically withdraw funds from your account. Funds may be withdrawn as soon as the business day we receive your payment. Electronically processed checks (and checks re- presented electronically) are not returned to you by your bank, however Credit One Bank retains an image of your electronically processed check in accordance with regulatory record retention requirements. Credit One Bank will provide you with a copy of your electronically processed check(s) upon request. 15. POSTDATED CHECKS: You agree that we need not examine any payment check to confirm that it is not postdated, and that we may deposit any postdated check for payment to us on the day we receive it. 16. IRREGULAR PAYMENTS: Any payment submitted in offer of settlement of a disputed debt, including any check containing a notation such as 'paid in full" must be sent to the following address: Credit One Bank, P.O. Box 95516, Las Vegas, NV 89193 -5516. If you do not forward any check or other payment marked "paid in fuil "to the above address, we can accept late payments or partial payments, or checks or other payments marked with similar notations, without losing any of our rights under this Agreement, including our right to seek payment of the full balance of yourAccount. 17.VERIFICATION OF INFORMATION: (a) Credit Information:You authorize usto obtain and /or use information about you from third parties and credit reporting agencies to: 1) verify your identity and /or conduct investigative inquiries; 2) determine your income and credit eligibility; 3) review yourAccount and provide renewal of credit; 4) verify your current credit standing in order to present future credit line increases or decreases; 5) qualify you for and present additional lines of credit or other offers; and 6) collect amounts owing on your Account. California residents, you agree to waive your right to keep confidential information under Section 1808.21 of the California Vehicle Code from us. (b) Reporting Information: We may furnish information concerning your Account or credit file to consumer reporting agencies and others who may properly receive that information. However, we are not obligated to release such information to anyone unless we are required to do so by law or a proper Power of Attomey is provided. (c) Telephone Monitoring:To be sure that your inquiries are handled properly, courteously and accurately, some of the telephone calls between our employees and our customers are monitored by supervisory or management personnel. Recordings may be made of such calls for your protection. 3 18. COMMUNICATIONS: You expressly authorize Credit One Bank or its agents to contact you at any phone number (including mobile, cellular /wire(ess, or similar devices) or email address you provide at anytime, for any lawful purpose. The ways in which we may contact you include live operator, automatic telephone dialing systems (auto - dialer), prerecorded message, text message or email. Phone numbers and email addresses you provide include those you give to us, those from which you contact us or which we obtain through other means. Such lawful purposes include, but are not limited to: obtaining information; account transactions or servicing related matters; suspected fraud or identity theft; collection on the Account; and providing information about special products and services. You agree to pay any fee(s) or charge(s) that you may incur for incoming communications from us or outgoing communications to us, to or from any such number or email address, without reimbursement from us. 19. DEFAULT:You will be in default under this Agreement if any of the following events occur: (1) you exceed your assigned credit limit; (2) you fail to make any required payment when due; (3) you die, become insolvent, file a petition in bankruptcy or similar proceeding, or are adjudged bankrupt; (4) you provide any false or misleading financial or biographical information to Credit One Bank; (5) any representation orwarranty you make to Credit One Bank is false or breached; (6) a guardian, conservator, receiver, custodian or trustee is appointed for you; (7) you are generally not paying your debts as they become due; (8) the Bank reasonably believes there has been a material adverse change in your financial condition; or (9) you violate any term of this Agreement. Upon your default, Credit One Bank can close or refuse to renew your Account, demand the return of your card(s), declare your entire balance immediately due and payable, and initiate collection activity, all without prior notice or demand. You promise to pay any collection costs and attorneys fees, including our in -house attorneys' costs, that Credit One Bank incurs as a result of your default. 20. TERMINATION OFACCOUNT: This Account may be terminated by you at any time by giving notice in writing to Credit One Bank, Credit One Bank may terminate the Account and demand payment in full if you are in default under any of the terms and conditions of this Agreement, or if there is a dispute between the Cardholders as described elsewhere in this Agreement, or if a Cardholder requests termination of the Account privileges of any other Cardholder, orwithout cause if Credit One Bank deems termination of the Account to be in its best interests. In the event of voluntary or involuntary Account termination, all credit privileges under the Account and Credit One Bank membership will be terminated immediately. Once we receive your final payment in full, processing of Account closure may be delayed up to 45 days, in order to ensure that all outstanding credit card charges have been received from merchants. No later than the end of the delay period Credit One Bank will send you a check forthe credit balance remaining on the Card Account, if any. Credit One Bank may require the return of any Credit Cards before issuing a refund check. However, when yourAccount is closed, if there is: (1) a debit balance of $1.00 or less, that balance will be rounded to zero and you will not be required to pay this amount; or (2) a credit balance of $1.00 or less, that balance will be rounded to zero and this amount will not be refunded to you.The rounding to zero may occur after your closing statement cycles, and you may not receive a statement reflecting the rounding. 21. SECURITY: This is an unsecured Account, and Credit One Bank retains no security interest in your real or personal property to secure payment of your Card Account. 22. CARD OWNERSHIP AND ACCEPTANCE: Any credit card or other credit instrument issued to you remains the property of Credit One Bank and must be surrendered to Credit One Bank or its agent on demand. We are not liable for the refusal of Credit One Bank or any other party to honor your Card for any reason. All Cards have an expiration date.We have the right not to renew your Card for any reason. 23. FOREIGN TRANSACTIONS: If you make a transaction at a merchant that settles in a currency otherthan U.S. dollars, MasterCard Worldwide orVisa Inc, will convert that charge into a U.S. Dollar amount.That conversion will be done at a rate selected by MasterCard orVisa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate MasterCard orVisa itself receives, or the government- mandated rate in effect for the applicable central processing date.The currency conversion rate used on the processing date may differfrom the rate that would have been used on the purchase date or on the date the transaction is posted to yourAccount. You agree to pay the converted amount, including any charges for the conversion that may be imposed as described above. A fee may be imposed for foreign transactions as described under the Finance Charge section of this Agreement 24. LOST OR STOLEN CARDS: You may be liable for unauthorized use of your Card. If your Card is lost or stolen or you suspect that someone is using your Card without your permission, you should immediately notify Credit One Bank's Bank Card Center. You can call (877) 825 -3242 Monday through Saturday. Sundays and holidays call (800) 321 -5880. You can also notify us in writing at Bank Card Center, P.O. Box 98872, Las Vegas, NV 89193- 8872.You will not be liable for any unauthorized use that occurs after you notify us, orally or in writing, of the loss,theft or possible unauthorized use. In any event, your liability for unauthorized use will not exceed $50, If you allow someone to use your Card to make chargesto your Card Account, you can terminate this user's authority by retrievingthe Card and returning itto us. Until you do, you remain liable for any use by the authorized user.You understand and agree that this Card Account may be replaced with a substitute Account if a credit card forthis Account is lost or stolen, or in the event unauthorized use of the Account is reported. All terms and conditions of this Agreement and the application shall apply to any substitute Account. 25. CREDIT LIMIT INCREASE REQUESTS: Credit Limit Increase requests must be made in accordance with procedures established from time to time by Credit One Bank. A fee may be imposed for credit limit increases.The fee imposed will be a Finance Charge of between $0.00 and $49.00, depending on how long yourAccount has been established and your credit history with us and others. We will advise you which fee is applicable to your Account at the time you apply for a credit limit increase. Credit limit increase requests are subject to the same credit process as your original application, including review of credit bureau information. You will be notified by mail if your requestfor an increase is declined. Approval will be indicated in the form of a credit limit increase on your Card Account statement For information on Credit One Bank's procedure for applying for a credit limit increase, contact us at (877) 825.3242. 26. WAIVER OF RIGHTS: If we waive any of our rights under this Agreement, we will not be obligated to do so again. 27. CUSTOMER PRIVACY: The privacy policy for Credit One Bank is provided separately in accordance with applicable law. 28. GOVERNING LAW: This Agreement is governed by and interpreted in accordance with the laws applicable to national banks, and, where no such laws apply, by the laws of the State of Nevada, excluding the conflicts of law provisions thereof, regardless of your state of residence. 29, ARBITRATION AGREEMENT: The Arbitration Agreement provided to you with this Agreement governs the enforcement by you and us of your and our legal rights under this Agreement. 4 YOUR BILLING RIGHTS - KEEPTHIS DOCUMENT FOR FUTURE USE This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. What To Do If You Find a Mistake on Your Statement If you think there is an error on your statement, write to us at: Bank Card Center, P.O. Box 98872, Las Vegas, NV 89193 -8872. In your letter, give us the following information: Account information: Your name and account number. Dollar amount: The dollar amount of the suspected error. Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us: Within 60 days after the error appeared on your statement. At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong. You must notify us of any potential errors in writing. You may call us at 877- 825 -3242, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. What Will Happen After We Receive Your Letter When we receive your letter, we must do two things: 1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error. 2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct. While we investigate whether or not there has been an error: We cannot try to collect the amount in question, or report you as delinquent on that amount. The charge in question may remain on your statement, and we may continue to charge you interest on that amount. While you do not have to pay the amount in question, you are responsible forthe remainder of your balance. We can apply any unpaid amount against your credit limit. After we finish our investigation, one of two things will happen: If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount. If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe. If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We musttell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us. If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you . question even if your bill is correct. Your Rights If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or K we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3.You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Bank Card Center, P.O. Box 98872, Las Vegas, NV 89193 -8872. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent ARBITRATION PLEASE READ THIS PROVISION OF YOUR CARD AGREEMENT CAREFULLY. IT PROVIDES THAT EITHER YOU OR WE CAN REQUIRE THAT ANY CONTROVERSY OR DISPUTE BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHTTO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BYA NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITEDTHAN RULESAPPLICABLE IN COURT. INARBITRATION,YOU MAY CHOOSETO HAVEAHEARINGAND BE REPRESENTED BY COUNSEL. Agreement to Arbitrate: You and we agree that either you or we may, without the other's consent, require that any controversy or dispute between you and us (all of which are called "Claims*), be submitted to mandatory, binding arbitration. This arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by, and enforceable under, the Federal Arbitration Act (the "FAA"), 9 U.S.C. al et seq., and (to the extent State law is applicable), the State law governing this Agreement. Claims Covered: Claims subject to arbitration include, but are not limited to, disputes relating to the establishment, terms, treatment, operation, handling, limitations on ortermination of your account; any disclosures or other documents or communications relating to your account; any transactions or attempted transactions involving your account, whether authorized or not; billing, billing errors, credit reporting, the posting of transactions, payment or credits, or collections matters relating to your account; services or benefits programs relating to your account, whether or not they are offered, introduced, sold or provided by us; advertisements, promotions, or oral or written statements related to (or preceding the opening of) your account, goods or services financed under your account, or the terms of financing; the application, enforceability or interpretation of this Agreement, including this arbitration provision; and any other matters relatingto your account, a prior related account or the resulting relationships between you and us. Any questions about what Claims are subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced. Claims subject to arbitration include not only Claims made directly by you, but also Claims made by anyone connected with you or claiming through you, such as a co- applicant or authorized user of your account, your agent, representative or heirs, or a trustee in bankruptcy. Similarly, Claims subject to arbitration include not only Claims that relate directly to us, a parent company, affiliated company, and any predecessors and successors (and the employees, officers and directors of all of these entities), but also Claims for which we may be directly or indirectly liable, even if we are not property named at the time the Claim is made. Claims subject to arbitration include Claims based on any theory of law, any contract, statute, regulation, ordinance, tort (including fraud or any intentional tort), common law, constitutional provision, respondeat superior, agency or other doctrine concerning liability for other persons, custom or course of dealing or any other 5 legal or equitable ground (including any claim for injunctive or declaratory relief). Claims subjectto arbitration include Claims based on any allegations of fact, irlclu'ding an alleged act, inaction, omission, suppression, representation, statement, obligation, duty, right, condition, status or relationship. Claims subjectto arbitration include Claims that arose in the past, or arise in the present orfuture. Claims are subject to arbitration whetherthey are made independently orwith other claims in proceedings involving you, us or others. Claims subject to arbitration include Claims that are made as counterclaims, cross - claims, third -party claims, interpleaders or otherwise, and a party who initiates a proceeding in court may elect arbitration with respectto any Claim(s) advanced in the lawsuit by any other party or parties. Claims subject to arbitration include Claims made as part of a class action or other representative action, and the arbitration of such Claims must proceed on an individual basis. If you or we require arbitration of a particular Claim, neither you, we, nor any other person may pursue the Claim in any litigation, whether as a class action, private attorney general action, other representative action or otherwise. Claims are not subject to arbitration if they are filed by you or us in a small claims court, so long as the matter remains in such court and advances only an individual claim for relief. Initiation of Arbitration: The party filing an arbitration must choose an arbitration administrator. Arbitration administrators are independent from us, and you mustfollow their rules and procedures for initiating and pursuing an arbitration. If you initiate the arbitration, you must also notify us in writing at Credit One Bank, P.O. Box 95516, Las Vegas, NV 89193 -5516. If we initiate the arbitration, we will notify you in writing at your then current billing address or (if your account is closed) the last address we have on file for you. Any arbitration hearing that you attend will be held at a place chosen by the arbitrator or arbitration administrator in the same city as the U.S. District Court closest to your billing address, or at some other place to which you and we agree in writing.You may obtain copies of the current rules of the arbitration administrators, and other related materials, including forms and instructions for initiating an arbitration, by contacting the arbitration administrators as follows: American Arbitration Association JAMS 335 Madison Avenue, Floor 10 1920 Main Street, Suite 300 New York, NY 10017 -4605 Irvine, CA 92614 -7279 Web Site: www.adr.org Web Site: www.jamsadr.com Procedures and LawApplicable in Arbitration: A single arbitrator will resolve Claims. The arbitrator will either be a lawyer with at least ten years experience or a retired orformerjudge.The arbitrator will be selected in accordance with the rules of the arbitration administrator and will be neutral. The arbitration will be conducted under the applicable procedures and rules of the arbitration administrator that are in effect on the date the arbitration is filed unless this arbitration provision is inconsistent with those procedures and rules, in which case this Agreement will prevail.These procedures and rules may limit the amount of discovery available to you or us.The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, and will honor claims of privilege recognized at Iaw.The arbitrator will take reasonable steps to protect customer account information and other confidential information, including the use of protective orders to prohibit disclosure outside the arbitration, if requested to do so by you or us. The arbitrator will have the power to award to a party any damages or other relief provided for under applicable law, and will not have the powerto award relief to, against, or for the benefit of, any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Upon a request by you or us, the arbitrator will provide a brief statement of the reasons for the award. Costs: If we file the arbitration, we will pay the initial filing fee. If you file the arbitration, you will pay the initial filingfee, unless you seek and qualify for a fee waiver under the applicable rules of the arbitration administrator. We will reimburse you for the initial filing fee if you paid it and you prevail. If there is a hearing, we will pay any fees of the arbitrator and arbitration administrator for the first day of that hearing. All other fees will be allocated in keeping with the rules of the arbitration administrator and applicable law. However, we will advance or reimburse filing fees and other fees if the arbitration administrator or arbitrator determines there is other good reason for requiring us to do so, or we determine there is good cause for doing so. Each party will bear the expense of that party's attomeys, experts, and witnesses, and other expenses, regardless of which party prevails, except that the arbitrator shall apply any applicable law in determining whether a party should recover any or all expenses from another parry. No Consolidation or Joinder of Parties: All parties to the arbitration must be individually named. Claims by persons other than individually named parties shall not be raised or determined. Notwithstanding anything else that may be in this arbitration provision or Agreement, no class action, private attorney general action or other representative action may be pursued in arbitration, nor may such action be pursued in court if any party has elected arbitration. Unless consented to by all parties to the arbitration, Claims of two or more persons may not bejoined, consolidated or otherwise broughttogether in the same arbitration (unless those persons are applicants, co- applicants or authorized users on a single account and /or related accounts or parties to a single transaction or related transactions); this is so whether or notthe Claims (or any interest in the Claims) may have been assigned. Enforcement, Finality; You or we may bring an action, including a summary or expedited motion, to compel arbitration of Claims subject to arbitration, or to stay the litigation of any Claims pending arbitration, in any court having jurisdiction. Such action may be brought at anytime, even If any such Claims are part of a lawsuit, unless a trial has begun ora finaljudgment has been entered. Failure orforbearance to enforce this arbitration provision at any particulartime, or in connection with any particular Claims, will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. Any additional or different agreement between you and us regarding arbitration must be in writing. Within fifteen days after an award by the single arbitrator, any party may appeal the award by requesting in writing a new arbitration before a panel of three neutral arbitrators designated by the same arbitration administrator.The panel will consider all factual and legal issues anew, follow the same rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. Costs will be allocated in the same way they are allocated for arbitration before a single arbitrator, An award by a panel, or an award by a single arbitrator after fifteen days has passed, shall be final and binding on the parties, subjectto judicial review that may be permitted underthe FAA. An award in arbitration will be enforceable as provided by the FAA or other applicable law by any court having jurisdiction. An award in arbitration shall determine the rights and obligations between the named parties only, and only in respect of the Claims in arbitration, and shall not have any bearing on the rights and obligations of any other person, nor on the resolution of any other dispute or controversy. Severability, Survival:This arbitration provision shall survive: (1) termination or changes in the Agreement, the account and the relationship between you and us concerning the account; (ii) the bankruptcy of any parry; and (iii) any transfer or assignment of your account, or any amounts owed on your account, to any other person. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. © 2010 Credit One Bank, N.A. All rights reserved. Credit One® and Credit One Bank® are federally registered trademarks. C50 -00040 05/10 M- 100833 (05 -10) 6 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff v,‘" of L t r�ika pf,r Jody S Smith Chief Deputy a i Art ! Richard W Stewart Solicitor 4,t 44 i = , t o Midland Funding LLc assignee of Credit One Bank, N.A. Case Number vs. Randall Miller 2014-227 SHERIFF'S RETURN OF SERVICE 01/14/2014 02:27 PM - Deputy Jason Kinsler, 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: Randall Miller at 578 W. Louther Street, Carlisle Borough, Carlisle, PA 17013. JASON KINSL , DEPUTY SHERIFF COST: $34.78 SO ANSWERS, January 15, 2014 RONNY R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC assignee of CREDIT ONE BANK, N.A., Plaintiff vs. RANDALL MILLER Defendant NO. 2014 -227 CIVIL ACTION - LAW PRAECI[PE FOR DEFAULT JUDGMENT To the Prothonotary: Please enter Default Judgment in favor of Plaintiff and against Defendant(s), RANDALL MILLER for failure to file a written response to Plaintiff's Complaint. (X) Principal less payments received $768.09 Interest $0.00 Attorneys' Fees $0.00 TOTAL $768.09, plus court costs and statutory interest from date of judgment. (X) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. (X) Pursuant to Pa.R.C.P. 237, I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. (X) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is attached. FFG File # 374307 Respectfully Su By: Michael B. Volk, Esq. #885530 Fulton, Friedman & Gullace LLP Counsel for Plaintiff 6 Kacey Court, Suite 203 Mechanicsburg, PA 17055 (866) 563-0809 11111111111111 1 1111111111111111111111 1111111111111111111 1 11111111 PA/PA_PRAEJD b sir/ qn 4,,/p 3tc/L0,(4, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC assignee of CREDIT ONE BANK, N.A. Plaintiff NO. 2014 -227 v. RANDALL MILLER Defendant(s) CIVIL ACTION - LAW NOTICE OF JUDGMENT Notice is hereby given that a Judgment in the above - captioned matter has been entered against you as follows: Principal less payments received $768.09 Interest $0.00 Attorneys' Fees $0.00 TOTAL � $768.09, plus court costs a statutory interest from date of ju ment. % NOW, 2f ( C� /, 20 i& JUDGMENT IS EN D A alb Prothonota , Civilhivision By: Deputy I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: RANDALL MILLER 578 W LOUTHER ST CARLISLE PA 17013 Defendant(s) FFG File #: 374307 Respectfully Sub By: Michael B. Volk, Esq. #885530 Fulton, Friedman & Gullace LLP Counsel for Plaintiff 6 Kacey Court, Suite 203 Mechanicsburg, PA 17055 (866) 563-0809 1 111111 11111 11111 11111 11111 1111111111 I I II 1111111111111111 I I II I I I I PA/PA_NTCOFJ FULTON, LICENSED IN AZ, NEW YORK 28 E. MAIN STREET, SUITE 500 ROCHESTER, NEW YORK 14614 RANDALL MILLER 578 W LOUTHER ST CARLISLE PA 17013 FRIEDMAN & GULLACE LLP CA, DC, MD, IL, MI, NJ, NY, OH, PA, TN, TX & VA TELEPHONE (800) 869-2331 Re: CONSUMER(S): RANDALL MILLER CREDITOR: MIDLAND FUNDING LLC ORIGINAL CREDITOR:CREDIT ONE BANK, N.A. TOTAL DUE: $906.62 FFG FILE NO: 374307 ORIGINAL ACCOUNT #:XXXXXXXXVOCX5920 Docket No. 2014-227 Dear RANDALL MILLER: PENNSYLVANIA OFFICE 6 KACEY COURT, SUITE 203 MECHANICSBURG, PA 17055 February 18, 2014 Enclosed herein please find a 10-Day notice pursuant to Rule 237.1 of the Pennsylvania Rules of Civil Procedure. FFG File # 374307 Enclosure CC: Sincerely, Fulton, Friedman & Gullace LLP Michael B. Volk, Esq. #885530 6 Kacey Court, Suite 203 Mechanicsburg, PA 17055 (866) 563-0809 Counsel for Plaintiff THIS IS AN ATTEMPT TO COLLECT A DEBT BY A DEBT COLLECTOR AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE. 11111111111111111111111111111111111111111111111111111111111111111 PA_I ODAYNTC , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC assignee of CREDIT ONE BANK, N.A. Plaintiff NO. 2014 -227 v. RANDALL MILLER Defendant(s) To: RANDALL MILLER 578 W LOUTHER ST CARLISLE PA 17013 DATE OF NOTICE: 02/18/2014 CIVIL ACTION - LAW 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 32 S BEDFORD ST. CARLSILE, PA 17013 (717) 249 -3166 Fulton, Friedman & Gullace LLP By: Michael B. Volk, Esq. #885530 6 Kacey Court, Suite 203 Mechanicsburg, PA 17055 (866) 563-0809 Counsel for Plaintiff FFG File # 374307 PA_l ODAYNTC