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HomeMy WebLinkAbout05-2254IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV IA SHERMAN ACQUISITION II, LP ASSIGNEE OF SEARS, ROEBUCK AND CO. 15 SOUTH MAIN STREET GREENVILLE S.C. 29601 Plaintiff VS. CARLA E WITTER 27 SHORT LN SHIPPENSBURG PA 17257-9453 Defendant (s) NO. NOTICE CIVIL ACTION - LAW You the following have been sued es, in you Court. must take action you wish to thin defend (20) agaidaysnst after clthiaisms C set ompl ortth in and Notice are served, by entering a written appearance personally or by an att rney and filing in writing with the Court your defenses or objections to the cla ms set forth against you. You are warned that if without you and a judgment may be entered agyou ainst1youobyothe,Courtcwithout urther notice for any money claimed or any other claim or relief requested by the Ilaintiff. 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 OU WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRIN A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YO WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. NOTICIA Le han demandado a used en la corte. Si used quarere defensas de esas deman as expuestas en las paginas, siguientes, used tiene viente (20) dias de plazo a partir de la fecha de lademanda y la notifiation. Used debe presentar una aparienc a escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a last demandas en corta de su si used no se defienda, la corte tomara medidas y Psedido persona. ona. una Sea Orden c den c o que used sin previo aviso o notification ntra en la petition de demanda. Used por cualquier queja o alivio que es p dido derechos importantes para used. Puede Perder dinero o sus propledades o otr s LLEVE ESTA DEMANDA A UN ABODOAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA 0 LLAME POR TELEF NO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE UEDE CONSEGUIR ASSITANCIA LEGAL. Lawyer Referral Service Cumberland County Bar Assn. 32 S. Bedford St. Carlisle 800-990-9108 PA 17013 CVRNOT/PARET W&A FILE NO. 122231464 1 01 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERMAN ACQUISITION II, LP ASSIGNEE OF NO. SEARS, ROEBUCK AND CO. 15 SOUTH MAIN STREET GREENVILLE S.C. 29601 Plaintiff VS. CIVIL ACTION - LAW CARLA E WITTER 27 SHORT LN SHIPPENSBURG PA 17257-9453 Defendant (s) COMPLAINT Now comes the Plaintiff, SHERMAN ACQUISITION II, LP attorneys, and the law firm of Wolpoff & Abramson, L.L.P. by and throe and in support avers as follows: and files this C 1. Plaintiff, SHERMAN ACQUISITION II, LP ASSIGNEE OF SEARS, ROEBUCK AND CO. 15 SOUTH MAIN STREET GREENVILLE S.C. 29601 is a business entity doing business within the Commonwealth of Pennsylvania other states of the United States. 2. Defendant, CARLA E WITTER a last known address of is an adult individua: 27 SHORT LN SHIPPENSBURG PA 17257-9453 COUNTY OF CUMBERLAND 3. It is averred that Defendant(s) was/were isued an open end credit card account. The Terms and Conditions governing this account is attached he incorporated herein and marked as Exhibit "A". 4. At all relevant times material hereto, Defendant(s) has/have used s charge card for the purchase of products, goods and/or for obtaining services igh i t s )mplaint and the l with reto, iid CCPWRI/PARET W&A FILE NO. 122231464 5. Plaintiff provided Defendant(s) with copies of the Statements o 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, owi unpaid on Defendant's credit card account as a result of the charges made g and Defendant(s) and/or any authorized users is the sum of $ 16492.01. Y said 7. Pursuant to the Credit Agreement and/or applicable Pennsylvania aw, 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 $ 7937.85. 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 s ch attorney's fees through the conclusion of the proceedings. 10. The amount of attorney's fee which has accrued is the sum of $ 3298.40. 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 exceeds the jurisdictional amount req iring compulsory arbitration. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter J in favor of the Plaintiff and against Defendant(s) Plus attorneys fees in the amount of in the amount of $ 16492. $ 2 $ 7937.85, plus costs of this action andany4otherlreliefeassthis Courtmdee and reasonable. Respectfully submitted, y Amy Doyle # 2 Daniel F. Wo son #20617 Bruce H. Che is 4118837 Philip C. Warholic #86341 Ronald M. Abramson #94266 Ronald S. Canter #94000 Donald P. Shiffer, III #89451 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Pra 267 East Mark t ctice of Debt Col] e St., (717) 846-1252 York, PA 17403 Counsel for Plaintif f udgment )1, t of as just ection CPWRI2/PARET W&A FILE NO. 122231464 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 in 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, a d belief, based upon information provided by the Plaintiff. The undersigned understands that false statements herein are made sub'ect to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsificatio to authorities. Date: Amy FY Doyle #87062 Daniel F. Wo F #20617 Bruce H. Che kis #18837 Philip C. Warholic #86341 Ronald M. Abramson #94266 Ronald S. Canter #94000 Donald P. Shiffer, III #89451 WOLPOFF & ABRAMSON, L.L.P. Attorneys in the Pra ctice of Debt Cc 267 East Market St., (717 York, PA 17403 ) 846- 1252 Counsel for Plaintif f dlection PAVERF/PARET W&A FILE NO. 122231464 EXHIBIT "q" ATIONAL BANK 111W?11ADSCARD WA-?e ACCOUNT AND SECURITY AGREEMENT RETAIL INSTALLMENT CONTRACT t AND SECURITY AGREEMENT (CT) RETAIL INSTALLMENT CREDIT AGREEMENT (NY) 1. DEFINITIONS. in the agreement,'SNB' means Sears National Bank or any subsequent holder of my account or any balances arising under my account and 7" fie; my,' refers to all persons named on the credit application or acceptance certificate, as an accountholder. WSNB ' ry (SFHC?. weed subsidiary of Sears Financial W irg Roebuck and Co. wick Y owned subsidiary of Sears, 2. ACCEPTANCE AND LIABILITY. I am nesponsr for an amounts owed on my account. I agree to repay all amt nts owed on my of th effective whr n any ccountholder oriaNoriz?ednu?ser? agreement is account, activates the card, or takes any other adan>?rl ca1eS ac Eance of the account or card. 3. OPTION TO PAY N FULL EACH MONTH, GRACE PERIOD. l have the right each month to the total New balance on my account I - I do So within 30 (28 or February statements) of my biUug date, rn FinarlCe Charge wil be added for that math. The due date win be shown on my illy statement- The total balance onmy 4. O11PTfON date TTO?PAY NIIINSTALNLMMENNTIS.N I cumts)?payy e:ttDWbacl• ance in full each month, I spree to Pay at least the minimum 5. A OU der AR ES SUB?IEC TO APP OVAL of This al payinall e agndapp an charges on the account are subject to SNB'sp approval. The of aroval od mebe nsidered . SNB will notbe liable tame n SNBr nable?o authorize a due to a on on account, even if I have sufficient avail. 6. able AND H on in SN USE .? system. Pwshases. I may authorize or Permit is to make purchases and use the account. I agree that this Agreement controls all charges ? Y those persons, that I am responsible for all purchases and oY dcse persons and I agree to Pay all such put- t chases and charges I authorize SN o ad at the request of those ppeersats and I wilf not hold SNB responsible or liable for such action. (b) A0r1zed Users. Arty Person whom I have designated as an authorized user ('autho as provided below may use the account and take any action with sped to the take account that I cow . I make this designation by notifying SNB of such aulho. rized uselr(ys) by haling the number written below or providing written notice at the address written below. In making I request that a credit card be issued to the authorized user and I understand and agree that (a) this a reTW controls all charges made on the account by lyre riersoh(s) led by me as an au81o- rued user and I understand t l am responsible for all purchases and charges made by authorized users and I agree to pay an such charges, (b) SNB may disclose information about the account to persons I dasgneastonn a making such ddeess p? mhtarry authothe rized user the k) by iser to tre d agent for rposes of dealing with the account in the same mamry a 1 Pu , and S NB n as can wiltout requests d airy any habilty, accept the directions or account and aW n d eesgnated as an authorized user of the 10 Process requests to raise tale crsuch edit limit directions or requests, hrhdt unL 1 may add, terminate or change authorized users ?blf the acctat callin 1-800347-8480 or by providing written notice to SNB P. Bon 555, Columbus. OH 43216. t I terminate this authority, I will afiempt to retrieve the credit card from the pe desp? milted or authorized to use the account and ha a card tom' Per. (c) Unauthorized Use. If I believe or claim that any charges account are unauthorized, I aQr?ee to ratify SINE immediaely at t e address indicated on my momilly statement, upon discovery and to cooperate with SNB in making a reasonable investbigpaairon of my claim. Unauthorized use does not include use by an authorized user or a person to whom I have given the credit card or authority, per: mission or designation to use the account, including wifiotrt lion anyone I have designated as an authorized user pursuant ro the sP revioues? graph, and I will remain liable or any and all use by 7. CONSUMER ACCOUNT. I agree to use this account only for sonal, family or household pun hcsefoand all transactions wiN be deemed to be for rsonal, farm w lo Puffs a. CREDIT LIMIT. SNB will disclose my credit lima to me when the account is kOpenede and on each monthly statement, and may m to tirne I agree not to exceed the credit limn established by SNB.II undersyarid and that my credit limit can be increased or decreased at the request agree of a 1 12. MINIMUM PAYMENTS. The scheduled monthlment is based on the current New Balance on the a y Payment The scheduled is based payment will increase and decrease alt with an the balance. The min- 'mum payment each month will equal the scheduled nonthly pay- understand that the t required? minimum on my statement. I monthly statement lit may vary from the sclhedulnedsrn hly, payment When the current New Balance is: The Scheduled Monthly $ .01105 10.00 Pa_yment? : 10.0110 250.00 The$1BOa00 250.01 to 300.00 300.010 350.00 11.00 350.01 to 410.00 12.00 410.01 to 470.00 13.00 470.01 to 550.00 14.00 550.010 605.00 15.00 605.01 to 660.00 16.00 660.01 to 720.00 17.00 720.010 760.00 18.00 760.01 to 640.00 19.00 Over 840.00- 1142nd of the Current New Balance rounded to the next higher whole dollar amount I can aVs %r more than the required minimum paymant• 13. PAYMENTS. payments made by mail should be made liable instruments drawn on federally or state chartered U.S. Wri. cal institutions. Payments received at the pa0y0melit processing loca- bbusi. dray will posted as Of the date of receipt. I erus reaeivetl a l l hat location after 1:00 PQ local time willbe posted to V. account the need business day. The business days of SNB are Monday through Friday , exdudmgg federal holidays. Payments received at arty other ovation may be delayed in Poshrg up to fine days conditional check, money order or any other instrument tende as full satisfaction of a disputed debt or containing a restric- live endorsement must be sent to SNB's address for billing error notices, shown on the front of the monthly statement. 14. DEFERRED PAYMENT, DELAYED BILLING OPTIONS. Deterred Payment Option. Under the Deferred Payment option when onered 2 I may purchase and charge selected merchandise or services to my aceouit and 1 will not have to make monthly payments on these ser- vices or merchandise or a ?Ki ied period of time: however. I will have to pa regular Finance Charges on those purchases during the period of the deferral. Delayed Billing Option. Under the Delayed Billing Option when offered, Purchases of merchandise or services will not be billed to my account until the end of the delayed billing period. No finance charges will accrue and no minimum payment will be due on the amount of my delayed billing purchase until the end of the promo- tional period. If I elect this option when offered. SNB will not be required to give me advance notice before resuming or starting to bill me for regular monthly payments or Finance Charges. 1a. NNANCE CHARGES. If I do not pay the New Balance in fun by the due date, a Finance Charge will be added to the account or the cut. rent monthly billing period There will be no Finance Charge g the New Balance is paid in full each month. The Finance Charge will be the greater of: the minimum Finance Charge or an amount deter- mined by multiW - the Daily Periodic pate of .0576% (corre- sponding ANNUAL PERCENTAGE RAT of 21%) by the ;h Balances (inductug new purchases) and adding together c Finance Charges or each day in the billing period. FFoor r PR: The daily periodic rate is .0559% (corresponding ANNUAL PERCENTAGE RAT of 20.4%). 16. MINIMUM FINANCE CHARGE. There will be a minimum Finance pCha c $.50 br soli billing period in which a Finance Charge is 17. Fi?TO DETERMINE THE DAILY BALANCES. To determine each days Daily Balance SNB will take the beginning balance on the account each day (including any unpaid Finance Clherges--except in PR), add any new purchases. late payment charges, returned pay- ment charges and insurance charges, if any. and subtract any pay. ments andcredits. 18. NO ANNUAL FEE.' 19. LATE PAYMENT CHARGE. If I fail to pay a required minimum pay- ment by its due date, SNB may charge and f agree to pay a late pay- ment charge of S20 n my balance is $50 or more, or $10 If my bal- ance is less than $50. 20. RETURNED PAYMENT CHARGE. H I make a payment that is returned unpaid for any reason. SNB may charggee andl agree to pay a returned payment charge of $15.00. At its option, SNB will assess 5 3 is riot obligated to but may, in its dis titexceed my credit limit from time R final' requested e SNB to pa! ari :Ie on my account whetliier uuppt to 0 Thmy request, at tide rreeq es d(ar a user, or w)tout request LL TAKE A SECURITY INTEREST SNB a security interest under the ch item Of merchandise purchasec its affiliates and licensees, to ME re only the rohaW price of tha ake Payments as agreed, the sear ,sess the merchandise which 'es! h - tporoaaensy loss or damage Is paid. received "wit' II be deof deternriirig emed to apply e, returned nt charges or the tlur? account for lade. and then o Pay for any late o rr to my account on the same kh-k Priced ilern(s),or as IN and once with laws of l will be the State of ardless of where I live or where i hws Of my state of residence win rted herein- This agreement is do under the agreement win be its and conditions of this a0ree- m is as a will be deemed to be residents extent applicable, the provisions Ill of the Rehab shag in Ssales 10 1 et seq., shag apply. designated authorized user. S crebon, authoriza purchases i time. I agree o Pay such ch; anoints in excess of my ore responsible for ail charges in es .my credit limit and authorized bar gears includi . SECURITY INTERES 9 T S { NB IN ALL PURCHASES. I grar Uniform Corimencal Code in from Sears. Roebuck and Cc extern permitted by law, to se item of merchandise. If I do col errallows SNB to rep Paid or in hA. I ar to merchandise until the 10. APPLICAThnu nit: b....- , hr 51 10 Pay arty unpaid insurai Finance Charge(s). and then o I in the order in which they were charges. If more than one item is clateZ PPaK will apply fors if. G VERNI G LAW. This agreef erred by and interpreted in acrD Arizona and the United States, n use a000unl except that the entered into in Arizoonna andl c extended from Arizona. r gAenn the to ment (including ce chaand the fannrge, vision la an t Dugs) are deemed to be in tiles finance dharg This, Revised Statutes 44.12ps j?l, (0) or provision of this agreement its to wmake aany on or ther term or pr0?o of the slate of Arizona. In CAaddiressi , to ev of the Unruh Act, Cal. Civ. Code §1 the extent applicable, the provisior Ad, N.Y. Personal Fynno h - - r W-f31' !r9 paYrnenl is nit honored, evert i n is paid 21.?„??S .l).my, defautl SNg may Pon sonable en0meys fees, collection Costs (inCludi expens charge rm a. incurred in realizing on a security interest), and court costs where Pefnitfed by law in the state where I reside. Unless limited law, ? ?reasonablee attorrteys lees will be considerEy to be 35% of n by cunt . In the an mY amount when It is referred to an atomey for cclf ding ? krwatg states, anort?eys lees may not exceed: ? and SNB OK 15% of the unpaid debt, LA 25% Of the unpaid debt. In balance emay ff ? attorney's lees when the unpaid • . • • 22. PHONE CALLS.- SNB may can meb? telephone regard this ing I agree that SNB may place such phone cans ?lecllorpd MOM MI p tC boM May to and rs between SNB saagssNogdates?var?q ne for 23. CReDrI" rnvt571GAoTI0N ?t Y URE OF It pgMAT10 or SNB has the ' to irnes i:e my credit, employment and r cor e records, to I" aedrt references, to account to bureaus and other Interested parb the I ,.!1%tderstge that a consumer report prepared by a consumer reporting agency may obtained at the time I agl rtry account is e to be askepprov?d at arty time ° areas r. f h amdunt the right at wiry tim SNB whener a report was obtained and, n so, to have S ing NBgfuurrtniiissh mepwrenphathe name and address of the consumer agree a armern that 1 negafive report reflecting on by?credit ire orde"' " s submitted to a credit b agency. I .tffy SNB by felt phone at 1.800.347repor of belleve SNB as reported h iea rate Informatton regarding nlY account to a eredry repornrrg 24. I and its IAT1ON SHARING I FAIR CREDIT REPORTING ACT .. (nnduding ad =ticticin obta nedrsfrom scedn Information reporting about me '°` amorig themselves and with companies doinrgg business fa SNB dx affiliates. After Sept 29.1997, I may prohtblt that sharing of auat Inforrrutbn (except for the sharing of information stout trans. actions a experiences between SNB or ns affiliates and me) by = . corriacUng S BN at 1.80D347.6480 and rnaldng a squeal t 25. EVENTS OF DEFAULT. I will be in defauft of yys a greerrlent one OOf the te blowing events occurs: La) I do not make the required payment on the account by ihepayment due date; ) I vide SNB withany false oi misleadng presignatines the credit application eaters tickets or other documgnts and tnstru rrtertfr or c file or someone else tees on my behalf a petition under the lederai bankruptcy code or any state stahde; (d) SINS receives inbrmation or unit that I am ur"i "SO terms or conditions of this agreement me) SNB recei es iperform nformation from third parties, induding credit reportg agenaes, which indicate a Serious delinquency or charge oft against me with other creditors; or (1)111 become the subject of apnachrnern, foreclosure, repossession, ENnFORCEM or N If I d 26. L etauft, NoBceed (su bject to terminate or suspend nry credi t (' aQWidade ) Mange the terms of my a m runder this agreement cphaymnryylemmmiee aatcclourad balance k?todr?wW?traq? all a ?? wpa o 27. MIA; TO ENFevORCE-19-NO T WAVIER -,ii fall. or OelaY by SNB in enforcing strict performance of this agreement indtrdirtg but not krthited to, accepting late or partial pa a, Shan riot be con- sidered napsry?%vaver d any of the terms of bus agreement or any of 28. WAI?KOf"LIEN ON DWELLING. SNB up aarrnry or acquire arty lien which SNB ht be erg bcalry rod law on rruhYd principal dwelling. This not apply to alien treated by 29. aN4S IREMINES IN EVENT OF DEFAULT. I in my obligations under INS agreement, SNB utilkedebarry Aend ap remedies to which if is entitled bi, ?l?aw; SN? may also refer my account to a collection agency, or 5iu'?? 30. CHANGE OF TERMS -CANCELLATION.As? - has the right to change arty term or part of this agreement, ixAaudrr0 the rate of Finance Charge, applicable to cu"M and topes bat ances. SNB will send me a written notice of any such changes when required by law. SNB also has the right to cancel this agreement as it relates to future ? purchases or other charges at any time. I agree to 31. FkANGEc0RENB upon notice of such cancellation. SNB. Elf urn my residence, I wiP irdorm 32. ASSI®F ACCO RIGHTS. I understand this under this account may be s itor without further notice Y required by Federal laws have against SNB and such 34. LlAlkfY FOR UNAUTH`%, that occurs -after IInno6y SNB of use. I mull give notification frrv theft or posslola unatNarized u address indicated on my Perim And use of mmyy accoW 1. 35. NOTICES TO BUYERS:wdl MENT BEFORE YOU REAnit BLANK SPACES. 2. YOU I THE RIGHT TO P AYR N AI DUE. 4. KEEP THIS AGRI LEGAL RIGHTS. 36. CA-A TRANSLATION OF THI DEf LANGUAGE CONVENIAO EN EL U DISPOSICION SI LA SOLK7TA 37. CT-UNDER THE t aw WNh - s 7 I H AGREEMENT. T-RETAIL INSTALLMEPIT CONTRACT AVE RECEIVED A COPY OF THIS ACCOUNT AND SECURITY SECURITY AG?EEMENT; NY-RETAIL INSTALLMENT EDIT AGREEMENT), sbess Undeco"aliS r the ? Information Borg ACL b'httb eft our rights and our resprxf . NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR BILL t you think you bill is wrong, or i you reed more rillormation a on your bal. wrte b us on a separate sheet at drs2 yN cn y inner where how Irani' Val bArtg Pnla nonce to-W. rte as edsoon as Pces+ble. we e you no ildar' IM 60 which the error problem appeared Yo can ep aeM You fe first big on not preserve your rights, tatePf torus A t>,p dortg so WE 'ol?r and ghe aoceroded ldlowM in orme0on rarlnber. • Desmbe the w inter and m?alus?ieo you errs. can thelMm? believe Mere a ern era. # You need more hbnnation, desBee Rbout YOUR RIGHTS AND OUR RRF Bp,nyES AFTER ereE WE RECEIVE CRECEIVE NOTICE YOUR WRITTEN It by f1h. W , yO War w*m 30 days, Wass we have cpneded a +rar? ° sorted the errs a mtplain w'' we believe tie ba was Cornea Aker we receive you later, we cannot try b WOW" amour you quesion, 1 a as. We can mom to bit you for the amtup you In- ut. Y o u d o n ot as a 6 to Payer apply any unpaid man y.your ere Br ? any questioned amo while are not in t^8, but you are 50 obligated to pay tie parts a your bill riM lf we frld that we made a mislalre on you bit, you will not haw b pay u trance charges related to ty any questoned amount. 0 we didn make a Ms. YOU may haw a 60 Pay fi?ndri6e congas, and you wB have to make Up my a etahema d of tie a1gW yell qed ypnoW a ncase we will Send YW tai to pay the tamount that we funk you awe we may repel you as our dDeiii not ,, wit it la-art; .%-YVDU .0 WM to YOU YOU 11101111111111 ID of wjone We Flow?evWr h a 51 about PP2'we must fall we we must to that the meta has been 10 we , a I tanyaie we repot You firialy a settled 9 M 111MOLAX van d t? nos, we can't collect the first $50 of the questioned your bit was correct lf you nave aSPECIA "ev nl wRUL FOR CREDIT CARD PURCHASES yIX1 chased with a 0" card, and you have bied gomo? fafti b COrrpCti the p? llmwlhuL or methilwa the right not b pay rte remaining amount due on AT SEARS YOUR SATISFACTION IS GUARANTEED If YOU how a b&V error question him You phone u . HBowiyeniwa, U on wish b fork Wmerdawe d be happy to under Vie Fair C" You ge of n ghts ntckrde your name aocouif AcYW rout write us on a separatersheet, Suspected error arid Whly titatwot mei.f b address shown on your cirri nh IMPORTANT CREDIT TERMS You tsetse chaarige required to Wass you uetlhe ? and are rte required to pay any Annual A+r°enfe9e Ross The Ne•lal penceritage rate is 2M ttiumrn France Chharge A e Lew PPaymert teas 520.00 i my Instance is 550.00 or greater, and $10.00 f my balance is kris then S6D,gg, Grace Period to Repay BWM y? bef eubeing dnagada Balance Caliculation Method new Aveiat;e Balance meshed fatciirarg Anard Fees None 10 - PROTECTION OF BUYER' » or any interest or amount owe assigned by SNB to another cre( 0 50, ft notice below, which i lto prow rr oassignee. any Beim or right USE - at belliahfe for u?nat Dss, met or . . possible My P1 ale Ural Ionized us launarize of to Im SNB at tv a umau the AGREE INS AN) ..+? _VW%, I tMPt, Az 8528; a EXHIBIT "B" O CCZW'Oo )V)NV) OMWOO O A--I T D T Tm\T N TAT T (A CA NN V)UIN NNN J V) Qn Q<QQQNQ T Q(OQ Q Q TT T TI T m T T T T NT 2 A I I I 3 3\'0 3S3 N I 1 QQQQQQQQQQUIQ I D/)11i -1 . . 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T o T A m Q V1 T ' D A I ?D N r 0 r o 2 " 1 m 00 O -1 S 0 A 3 1 1 C I m m J T Z (A T W NQ S I A T * ? 1 Q s N 3 N * A E N D I (A CA0X(A DD * r0) *\Q i-n T NA --1 'oa) A N N\ N -. 1 Q Ui m roT --I .rT(0 'o I O n 1 f I T N Q I JQDD ?D T\ I w A C) 2:Z Q O S (A C N r (A I Q 1 Q 0 AO(n 0 0 * m C< 0 00-4 -q (1) co Z I I S N A * T W Q X Z D < T Ia) 0 - N 3 3 Q 0 1 Z Q 0 < .. v A N m (n N - Q O I W 3E ' -I - * (A \ T * n 3 £ T O £ (A N Q ~ m G N, I Q 0 A T I ) N = A S W rm- 0 Q Q m 0 0 1 0 N m w w T m m D 1 W T N O 2 T * 0 -I C D N T T I O T I 1 to X N 1 N JN 1£-1(n 0)(A m VI N 31-+o D n Q.O-Hmmomo QS<Am -I D ODAr ON V)N9 DJ V)N0 ul 0A0 I NV) m C7 --H JD- A A D M Z A A J rl) Nr-a 3 0 -40N(nA- Z m T -co ?-1=n0 00-00 m (J Z Ul O * 1w * J0-( J N 0 LA-:r T -4mM ,r.£(00 O UIQ TZ -I W I £ T -q a) O -0Xm m00 W _ O A2 Vz) AO) J W A ? s A ? J Q VI N T w * rn A n W (0 Ln n T (0 N (- U J I Cn m . V) T Q C T T X T X 0* D V) A G) D i T ml Z D 3 m N N N T O J D (00 J C) O -I (0 I (n O CA 0) A N 3 0 n D A O < T m N V) Z m O Q O N N 01 T A D J N N J rn A t0 N O A O O O \ N N O w r T 3 0 O 0) J O N T (D Z C 3 U (D 7 N N N w_ A 0) A 3 (D Q N Z C 3 C (D 3 T A A O w "0 00 m0 A Ul (A O S m A 3 a z Dn 00 00 CO C N ? M r} ?Z O C Z 3 r u .r 1 r U) T D ? V) 0 V) J H (() Q J z0 m (0 mw rn Q OD T rn (A A m T D . Q m SHERIFF'S RETURN - REGULAR CASE NO: 2005-02254 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHERMAN ACQUISITION II LP VS WITTER CARLA E VID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CARLA E the DEFENDANT , at 1918:00 HOURS, on the 4th day of May , 2005 at 27 SHORT LANE SHIPPENSBURG, PA 17257 by handing to CARLA WITTER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.32 Postage .37 Surcharge 10.00 .00 41.69 Sworn and Subscribed to before me this 9 w day of J Gar; ti A. D. TPiiothonota y J So Answers: R. Thomas Kline 05/05/2005 WOLPOFF & ABRAMSON By: I G 2 Deputy Sheriff Curtis R. Long Prothonotary office of the Vrotbonotarp Cuntberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor OS - ,;? 25 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 One Courthouse Square 0 Carlisle, Pennsylvania 17013 - (717) 240-6195 - Fax (717) 240-6573