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Home My WebLink About09-2072ro IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH. LLC. VS. NO: 0 G - a-0 71- e cw=t _Tz- SHAWN VANTASSELL NOTICE TO DEFEND You have been sued in Court. If you wish to defendant against the claims set fourth in the following pages, you must take action within (20) days after the 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 fourth 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 of any money claims or any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THIS 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. LAWYER REFERRAL SERVICE PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 Harrison Ross Byck, Esq., P.C. 229 Plaza Boulevard Suite 112 Morrisville, Pennsylvania 19067 1-888-275-6399/(215) 428-0666 Attorney for Plaintiff #61511 CACH, LLC. 4340 SOUTH MONACO STREET 2ND FLOOR DENVER, CO 80237 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, VS. No.: 0 4-? 0 71 ?c ( r c SHAWN VANTASSELL 226 KEY WEST BLVD CARLISLE, PA 17015 Defendants. To: SHAWN VANTASSELL 226 KEY WEST BLVD CARLISLE, PA 17015 COMPLAINT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served. By entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and the court without further notice may enter a judgment against you for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 AVISO Le han dernandado a usted en is corte. Si usted quiere defenderse de estas demandas expuestas en las pagins siguientes. Usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia excrita o en persons o con abogado y entregar o sus objecciones a las demandas en contra de su persona. Se avisado que si usted no se defiende. La corta tomara medidas y puede continuar la demada en contra suya sin previo Avisa o notificion. Ademas la corte puede decidie a favor del demandante y requiere que usted compla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedas o otros derechos imporrantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICE DE REFERENCIA LEGAL PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 Plaintiff, CACH, LLC., by its attorney Harrison Ross Byck, by way of complaint against Defendants SHAWN VANTASSELL, avers the following: 1. Plaintiff, CACH, LLC., is a Colorado limited liability company doing business at 4340 SOUTH MONACO STREET 2ND FLOOR, DENVER, CO 80237. 1. Defendant, SHAWN VANTASSELL, is an individual residing at 226 KEY WEST BLVD, CARLISLE, PA 17015. 2. The claims raised in the complaint are subject to an agreement to submit these claims to arbitration. <Exhibit C> 3. Defendants, SHAWN VANTASSELL, are indebted to MARYLAND NATIONAL BANK, N.A. on an account stated by and between them in the amount of $2,918.24 which balance was due and unpaid as of November 29, 2007, for credit card account number 4313035999880693. <Exhibit A> 4. On or about December 18, 2007, MARYLAND NATIONAL BANK, N.A. sold the debt for good and valuable consideration to plaintiff, CACH, LLC. <Exhibit B> 5. The Defendants, Shawn Vantassell And Tabitha Conklin, last tendered a payment on July 26, 2007. 6. A copy of the credit card agreement is attached hereto. <Exhibit C> 7. Plaintiff is entitled to charge-off account finance charges of $0.00. <Exhibit A> 8. Plaintiff is entitled to pre-litigation charge-off interest of $1.9972 per day from the default date ( 24.980% annual percentage rate x $2,918.24 / 365 days) or $1.9972 x 462 days = $922.70; which is accrued interest through the date of filing. <Exhibit A> Plus an award of late fees 0.00, court costs $178.50 and reasonable attorneys fees of $583.65 as stated in the Cardholder Agreement attached hereto as <Exhibit C>. 9. The defendant, being indebted to the plaintiff in the sum of $4,603.09 upon the account stated by and between them did promise to pay said sums upon demand. Demand has been made for payment of $4,603.09 and the defendants have failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendants for $4,603.09 together with other interest and costs of suit. Date: March 24, 2009 EXHIBIT A QU I TAR' PYPrrod for.• SHAWN VANTASSELL 4313 0353 1320 5775 Summarv of Transactions BwkofAmwics September 2007 Statement ip* Crow Lime: $3,000.00 C4*h arCreditAvar7abb: Previous Balance $2,715.51 Payments and Credits - $0.00 Cash Advances + $0.00 Purchases and Adjustments + $0.00 Periodic Rate Finance Charges + $13.52 Transaction Fee Finance Charles + $0.00 New Balance Total $2,729.03 Dosing Date P, f3OX 15720 09!22107 MINOTON, DE 19808-5T26 Payment Due Date '?---ftxtt#67? J30K OF AMERICA Current Payment Due P.O. BOX 15028 Past Due Amount + $399.00 WILMINGTON. DE 19060-5020 Total Mlttimom Cal101Mrw 14)00.820.2558 Payment Due TDDhearing-impaired 1-800-346-3178 GAMWAF AV*" smwwf to Cat?ory Periodiic Rare r w RAM M Fmmm* !Zh Cash Advances - _ ` A. Balance Transfers, Checks 0.017123% DLY 625% $0.00 B. ATM, Bank 0.017123% DLY 825% $0.00 C. Purchases 0.017123% DLY 6.25% $2,72243 Annual Percentage Rate for this Billing Period: dudes Periodic Flats Finance ChMM and Transaction Fee Finance Charges.) 6.25% OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE ALL PAYMENTS 9Y PHONE WILL BE MADE ELECTRONICALLY. YOU MAY AUTHORIZE AN ELECTRONIC PAYMENT BY PROVIDING THE PAYMENT AMOUNT AND DATE, YOUR BANK ACCOUNT NUMBER. AND SECURITY INFORMATION, A SERVICE FEE MAY APPLY. TO CANCEL, CALL US BY 3:3" ET ON THE PAYMENT DATE. PLEASE RETAIN THESE TERMS. 20 0027290300048400000085000004313035313205775 BANK OF AMERICA Cheek hsra for a chops of m ang addnas or pone nunba% P.O. BOX 15726 F 4111 COMPISMIUM On the WILMINGTON, DE 19886-5726 logo 11lr1nluIsInt11liu111141rs1'ul/IJI.J.. 1.1 1ACr-XXxwrAfumaER- 43130135313205775 MEW BitLINCE rOTAL• 53,72043 PA i'JNEAW DUE DATE.- 10/19/07 SHAWN VANTASSELL 2103 OLD HOLLOW RD MECHANICSBURG PA 17055-5566 Ah1WArwr,?AMWWe r e Cheer orm?one0 r cwtoon °t °n9 OF Wyh o y p?eyoeb to •eAn[+ra?A4#BTct 9 n 1:5 240 2 2 2 501: 09365313205??511s U I 84T-,A R' Prgayn f0r.• SHAWN VANTASSELL 4313 0353 1320 5775 October 2007 Statement Om* Lhte: =31000.00 Cmh or0&*Aval%". Summary of Transeations 8111Mg Cycle and Payme nt IMo n@Mwt-- PrwAcus Balance $2,729.03 Days in Billing Cycle 32 Payments and Credits - $0.00 Clos(ng we 10124/07 Cash Advances + $0.00 Purchases and Adjustments + $35.00 Payment Due Date Psi is Rate Finance Charges + $00.52 Current Payment Due Translation Fee Finance Charges + 50.00 Past Due Amount + s484.00 New Balance Total $24 Tats) Minimum Paymerrt Due BaAef AmMea .'1W lar BOX 15728 MNdTON. DE 19888-5728 P.O. BOX 15026 W) MIMQTON. DE 19850.5028 Call toll-fres 1-800.828-2558 TDD hearYn-knoaired 1-B00-348-3178 Pochases and !j jnwft a Date Number Number cateam Amount 0YE F FOR P YM .DUE 10/19 10M i0r20 2729 ; . C 35A0 Co S*Mdip Am" Silence su* f to Category Pwiadlc Rate Ptn!aw Rah F#W" Chaw Cash Advances A. 8alsnce Transfers, Checks 0.068430% DLY 24.98% $0.00 B. ATM, Bank 0.088438% DLY 24.9896 $0.00 C. Purchases 0.088430% DLY 24.9896 $2,783.65 Annual Percentage Rate for this Billing Period: 24.98% (Indudes Periodic Rate Fkance Charges and Transaction Fee Finance Charges.) OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE 20 002824SS00054700000085000004313035313205775 BANK OF AMERICA Check hen for ¦ chenpe er nob eddnw or phone nwnbeK? Pleew -1041careeumenthDowwaaeltle. P.O. BOX 15726 WILMINGTON, DE 19886-5726 {,n{{{r{ee{n{,{u{u{{,,,{.{,{w{u{e{e{{u{n{,{ ACCOUNTAVUSElL• 4313035313205775 NEW BALANCE TOTAL: $2,824.35 PAYMENT DUE DATE.• 11/18607 SHAWN VANTASSELL 773 CARLISLE RD LOT 62 CARLISLE PA 17015 tfsattxsperrowGogaorr&bv woe crheckornaonayorollrpn? 6o.•6WNKOf.1,t/ER/C.4 1:52&,0222501. 093653L32057?SiI* QU I TAR' Rrymredfr. SHAWN VAWrASSIELL 4313 03531320 5775 Summary of Transactions Previous Balance $2.824.56 Payments and Credits - $0.00 Cash Advances + $0.00 Purchases and Adjustments + $36.0 Periodic Rate Finance Charges + x•09 Transaction Fee Finance Charms + $0.00 New Balance Total $2,91824 BaMetAmerks l4ovemb>'er 2007 Statement Cradt Linn 331000.00 C&* orCrt%*AvaYhW K OF AMEFSOA Days in Billing Cycle 30 p ,Box 15726 Closing Data 41/23/07 LMINOTON, DE 15886-5726 Payment Due Date BANK OF AMERICA Current Payment Due .00 P.O. 60X 15026 Past Due Amount + $647.00 WILUNOTON. DE 19850-5026 Total Minimum ?- Call toll4rev 1-800.826-2556 payment Due ?§l LTOD hearing-impaired t-600.346-3178 Purchases and Adjustments Date 999 Number Number Catenoy Amount IATE FEE FOR PAYMENT DUE 111/18 11/19• 11119 2824 ? C . 35.00 OUR RECORDS S"OW YOUR ACCOUNT 18 PAST DUE 20 0029182400061200000085000004313035313205775 BANK OF AMERICA P.O. SOX 15726 WILMINGTON, DE 19886-5726 181111116.6,111111181181 11111111111118181111111111 SHAWN VANTASSELL 773 CARLISLE RD LOT 62 CARLISLE PA 17015 F-1 ChICU Ion Fora shame of nwing addressor phone norm f4 ?--? akw provide 0-N oorryls!,ttora on tAe IeeerN >?M• ACCOUNT NUMBER 4313 03631320 5775 NEW AW-ANCE TOTAL• $2,91824 A4YMENTOUE DATE: /2/184107 ¦r. rMmwrAowsr ers«a Alx OW p omrnt courwo &t0v Kith • chick ornwnpv orderaewhne fix NAAW eW AA&Mrr 1:5240222501: 093653 L3 205??5lin Cash Advances A. Balance TransMrs, Checks 0.088438% DLY 24.98% $0.00 8. ATM, Bank 0.068438% DLY 24.98% $0.0 C. Purchases 0.06843896 DLY 24.98% $2&§13.80 Annual Percentage Rate for this Billing Period: 24.98% (includes Periodic Rate Finance Charges and Transaction Fee Finance Charges.) EXHIBIT B CERTIFICATE OF PURCHASE I, BOBBY D U N KE R , hereby depose and state that: 1. I am an Authorized Agent of CACH, LLC, a Colorado Limited Liability Company. 2. As such, I am authorized to give this Certificate, and possess sufficient personal knowledge to do so regarding: Customer Name: SHAWN VANTASSELL Original Creditor: Maryland National Bank, N.A. Account Number: 4313035999880693 3. On or about December 18, 2007 this account was sold by the original creditor. CACH, LLC is the current owner of the account and purchased the account for good and valuable consideration. Date: MAY 2 0 2008 Sworn and subscribed to before me this MAY 2008. Notary Public srk 2 0 2008 day of tE'f `` O..tIOT...` . qq .?.. :'? AVBL%G J oy ?F F 0?p?? O ?isS%Al ExPiaEg ?\p , 'F11 PA 2.15.08 EXHIBIT C Q7i20i2006 15:26 FIR CARD SERVICES 912672952844 N0.873 D002 ..?,n, ,.:..;-.'.ter>,=s:.•.?r;:. ......• ::. ,'• .... .._ fired r reement' . .. qw=ua -7 1, .1. v 17 ?• 1Y? -wered Ajv?F,'},c;: 4:i;- _,!:?C';^rT•v'rc?s?.':ki?; ?'Y'•`y'?::. Tv. ? ?? w: •r?Y,?:.''3't!?'4D`? ; Y• ? ? `'• ?., ter.'. rti^. 'C'Ri :r'•'''?'•• n .<.. .. "tai:; Fy,: , • ~',r ,_r`y'?.., 't'4a+.;' :: `:?.. • ;r :\?A` yr? ? ?"''rti.'i1r??Ij. O: •wj'i?." ? r:.r. .. 1.7 44. i ?.C•+„{;;.".?z`':: "aril-:? •., ' "?5.? ? :r:\:. - .?: ti.. riy:t{?,lYi'? ???:?,.lli.•?,+1i'fi. Law" r„ r v_ Up. Q WOW-: NEXT90 0 07/20/2006 15:26 FIA CARD SERVICES 4 912672952844 N0.873 9003 Your Contract With us Ypur Credit Card Agreement With us consists of these Adlitional Terms and Conditions and the document called the Required Federal Disclosures or the Initial Disclosure You-agree to the terms and conditions of this Agreement Fotthe purpose of the Privey NOW, we will use the definition contained in the third paragraph of the Priwcy Notice. For the'remainder of the Agreement. we will use the definitions described under the section heading words Used Often in This Agreement. Pri _0 Notke Your privacy ils important to as: At MBNA, we are ' committed to providing you with the finest financial products and services backed by consistently to"ualit service. And while information about you is fundaments to our ability to do this, we fully recognise the importance of keeping personal and account information secure. To offer you the widest range of products and services MBNA may share information about you both within MBNA and outside of MBNA with other companies. This allows us to offer you products and services that may interest you and best meet your needs, whether they are available directly from MBNA or through our relationships with other companies. we want you to understand our information safeguards, what information we collect. what information we share, and the benefits you receive when we "m information about you. This notice describes the privacy practices of MBNA Corporation and all MBNA affiliates, including MBNA America Bank, NA, MBNA America (Delaware), N.A., Palladian Travel Services, Inc., MBNA Hallmark Information Services, Inc„ MBNA Marketing Systems, Inc., and MBNA Insurance Agency, Inc. (collectively, `MBNA°), for financial products and services govemed by the laws of the United States of America. This notice explains MBNAs information collection and sharing practices and lets you choose whether or not MBNA may share certain information about you, either within MBNA or outside of MBNA with other companies. Only Sea ft Praaedarrew MBNA understands the importance of protecting and securing information and using it appropriately. Access to information about you is restricted to the people of MBNA who require it to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal standards for the security of information. When MBNA shares information about you with companies outside of MBNA, we require them to impose safeguards. use it only for a permitted purpose, and to return it to us or destroy it once that purpose is served, we limit the amount of information shared to what is appropriate to offer a product or service effl- ciently. MBNA requires any company receiving infor- mation from MBNA to sign a Confidentiality Agreement containing these requirements and obligating that company to protect the information as we would, r, 0 07/20/2006 15:26 FIA CARD SERVICES 4 912672952844 N0.873 9004 Information We Collect: MBNA collects and uses nonpublic personai information about you to conduct our business and to consistently deliver the top-quality Customer service you expect from us. Sources of this information include the following: • information we receive from you on applications and other forms or through your correspondence or communication with us including through the mail. by telephone, or over the Internet: such as e information we receive from third parties, S ateme is consumer reporting agencies. to verify employment. you've made to us, or regarding yo credit, or other relationships: and • information about your transactions with MBNA and with other companies outside of MBNA lafo wdon We More Witkifr MBNA: We may share all of the information we collect about you with financial service companies within MBNA to Offer additional products or services that may interest you and best meet your needs. We believe this is conv n do so. weu and may save you bath time and money. share identification information (such as name and address). transaction and experience information (such as purchases and paymetft)• credit eligibility information (such as credit reports and applications), and other information. The decision to purchase any such prod- ucts or services is yours alone. You may tell us not to within share credit eligibility information about does n yo prohibit us MBNA. but please understand this from offering you additional products and services or from sharing transaction and experience, identification, and other information within MBNA to Informar"s We Share With Others: From time time, we may allow companies outside of MBNA to offer you their products and services that may interest you. These products and services may be offered by financial service providers (such as banks loan brokers. companies. count aggregators, insurance age mortgage bankers, and securities broker-dealers). by nonfinancial companies (such as retailers, direct mar- keters. communications companies. Internet service providers, manufacturers, service companies, travel amts, cruise lines, car rental agencies. hotels. airlines, publishers, and Organizations endorsing MBNA financial products or services), and others (such as nonprofit organizations). Subject to applicable law. we may share all the information we collect with these companies out- side or MBNA. unless you tell us not Additionally, we may share all the information other collect with companies that perform marketing or services on our behalf or to other financial institutions with which we have joint marketing agreements. We are also permitted by law to share information about you with other companies in certain circurnstances. For instance. we may share all of the information we collect with companies assisting us in servicing your loan or account. with companies that endorse our products and services through affinity agreements. with government entities in response to subpoenas or s. Q7/20/2006 15:26 FIA CARD SERVICES 4 912672952844 NO.873 0005 regulatory requirements. and with consumer reporting agencies, it you tell us not to Share information with companies outside of MBNA that wish to offer you their products and services, as described above, please understand that we will continue to share information in these additional circumstances. lmpowtant Information About Your Choice: We're dedicated to serving your needs - and to respecting your choices related to privacy. You may tell us not to share credit eligibility information within MBNA, and you may tell us not to share information with companies outside of MBNA that wish to offer you their products and serv- ices as described above. If you wish to opt out of such infom>lation sharing, please call toll-free 14866-751-1255. We will ask you to verify your identity and the specific accounts to which the opt out applies. so please have all your account, membership, or reference numbers and your Social Security number or Taxpayer identification number for deposit accounts available when you call. MBNA applies opt outs at the account level, not by individual Customer When any person listed with others on an account opts out (for example, a co-applicant, joint account holder, or authorized user), we will list the entire account as having opted W. MBNA will continue to adhere to its disclosed privacy practices for an account evert if it becomes inactive or is closed, An opt out from information sharing on an account as described above, either within MBNA and/or with companies outside of MBNA, remains effective unless revoked in writing. Federal regulations require us to provide this notice on an annual basis, whether or not an account has previously opted out from either type of information sharing. Please remember when you receive our subsequent notices that an account previously opted out from either or both On of information sharing (and not revoked in writing) does not need to be opted out again. This notice updates and replaces any previous notices from MBNA about the privacy, security, and protection of information. For additional information regarding MBNAs privacy practices concerning the Internet, and to view the most recent version of this privacy notice, please go to wwwt.mbn2.com and click on 'Privacy Notice." You may have other privacy pro- tectioms under state laws. We may amend this privacy notice at any time, and we will inform you of changes as required by law, wer& Used often in Tkjs Agremeht 'AgmHYfl nr or'Credit Card Agreement" means these Additional Terms and Conditions and the Required Federal Disclosures for the Initial Disclosure) and any changes we make to those documents from time to time. 'You' and "your" mean each and atf of the persons who are granted, accept or use an account we hold. "You' and -your" also mean any other parson who ho gwrantoW psymwt of this aeeount, when used in the sections entitled We May Moot r and Reard TdWhmre Ca& and Arktradon wall U*tim and when used in each of the sections relating to payment of this account a. 07/20/2006 15:26 FIR CARD SERVICES 3 912672952844 N0.873 P006 (Your Pn)MiSe to Paw and Hou- We Allaafe Your Payments. for examvi "our'. and 'MBNA Amenca" mean MBNA America Bank, N.A "Card" means all the credit cards we issue to you and tc any other person with authorization to use this account pursuant to this Agreement. "Access check" means an access check we provide to you make a Check Cash Advance on your account. if we use a capitalized term in this document but do no,, define the term in this document, the term has the meanin given in the Required Federal Disclosures or the Initial Disclosure or as used in your monthly statement. we use section headings (such as words Used O(trn in Agreenrrntl to organize this Agreement. The actual term this Agreement are in the sentences that follow and not the headings. Sip Your Cari You should sign your card before you use it. We Mai lNon1111r' and R#99111 Tdefafiolat. Call You consent to and authorize MBNA America, any of its afti ate, or its rnarketiq associates to monitor and/or record a of your telephone conversations with our representatives c the representatives of any of those companies, Credit Repirdilig 61encW You authorise MBNA America to collect information abou- you, including credit reports frtxn consumer reports agent if you be ieve we have turnished inaccurate or incompiet information about you or your aeeount to d credit reportin, agency, write us at: MBNA. Credit Reporting Agencies, P.O Box 17054, Wilmington, DE 19884-7054. Please include yo name, address. home phone number. And account number and explain what you believe is inaccurate or incomplete, How to Use Your Aueunt You may obtain credst in she form of Purchases and Cas Advances by using your cards. aotess checks, aaWUnt nurr• ber, or other credit devices. Please refer to your Required Federal Disclosures or Initial Disclosure to determine what transactions constitute Purchases and Cash Advances and how you may obtain them, Tmasadon Date fff CeM& Casa Adli uc The transaction date For cheat Cash Advances and Bala Transfers done by check is the date you or the person to r whom the check is made payable first deposits check. The transaction date for a returned payment (whirl will then be classified as a Bank Cash Advance) is the date that the corresponding payment pasted to your account. Purposes f yr Usiig Your Awmt You may use your account for personal. family, or houses purposes. You may not use your account for business or commercial purposes. You may not use a Cheat Cash Advance, or any other Cash Advance. to make a payment c this or any other credit account with us. You may not use c permit your account to be used to make any illegal transact Persons U$ixf Your A"*Wd If you permit any person to use your Card. access che4 account number, or other credit device with the authoriza to obtain credit on your account. you may be liable for i 4 a. 0.7/20/2006 15:26 FIR CARD SERVICES 4 912672952844 NO.873 9007 transactions made by that person. including transactions for which you may not have intended to be liable. even ii the amount of those transactions causes your credit limit to be exceeded. Authorized users of this account may have the I same access to lnformation about the account and its users as the account holders. How You May Stop Payment on an Access Check You may request a stop payment on an access check by providing us with the access check number. dollar amount. and payee exactly as they appear on the access check. Oral and written stop payment requests on an access check are effective for six months from the day that we place the stop payment. You ?jq Not Postdate an Access Check You may not issue a postdated access check on your account. if you do postdate an seem check we may elect to honor it upon presentment or return it unpaid to the person who presented it to us for paymen without, in either case, wafting for the date shown on the access check, we are not liable to you for any loss or expense incurred by you arising ` out of the action we elect to take. Your Promise to Pay _ You promise to pay us the amounts of all credit you obtain. which includes all Purchases and Cash Advanms, You also promise to pay us all the amoctnts of finance charges, fees, and any other transactions we charge against your account. Pat ments on Your Account You must pay each month at least the Total Minimum E Payment Due shown on your monthly statement by your Payment Due Date. You may pay the entire amount you owe us at any time. Payments made in any billing cycle that are greater than the Total Minimum Payment Due will not affect your obligation to make the next Total Minimum Payment Due. If you overpay or if there is a credit balance on your amount, we will not pay interest on such amounts. We will reiect payments that are not drawn in US. dollars and those drawn an financial institutions located outside the United States. Payment of your Teal Minimum Payment Due may not avoid the assessment of Overhmit Fees. when Your Payment WIU Be Credltted to Your A"eunt We credit payments as of the date received. if the payment la (1 I received by 2 P.M. lEastem Time), (2) received at the address shown in the upper left-hand comer of the front of t your monthly statement: (3) paid with a check drawn in U.S. dollars on a U.S, financial institution or a U.S. dollar money order: and (4) sent in the return envelope with only the top portion of your statement accompanying it. Payments received after 2 p.m, on any day, including the Payment Dire Date, but that otherwise meet'rhe above requirements, will be credited as of the next day. Credit for any other payments may be delayed up to five days. How We AUotate Your Payments We will albcste your payments in the manner we determine, to most instances, we will allocate your payments to balances Iincluding new transactions) with lower APRs before balances with higher APRs. This will result in trees balances with lower APRs (such as those with promotional APR offers) being paid 07/20/2006 15:26 FIA CARD SERUICES 4 912672952844 NQ.873 D008 before any other existing balances Promise to Pd lies to All Persons er, Ali persons who initially 0SUbbSeea v dufalVrv and [age he guaranree. ar use the account a din balance din We may refuse responsible for any total outstarton who rs responsible to pa? to release from liability any pers any total outstanding balance. until all of the cards. access under the checks, and Other credit devices s and any such Person or account have been resumed to us and any persons repays us the total outstanding balance owed to us at any time under the terms of this Agreement. 2 I'll' M I I I You fail to You will be in default of this Agrearnen t Due Payirie? make arty required Total MinimumPr• Due Date-, (2) Your total otrtstanding bitliance ce limit: or (3) you fail to abide by any other term tetmiof t t ehisligibility Agreement. solely for the purposes of and premium payment obligations for the options' credit insurance purchased through MBNA. you Will be deemed in o, default or delinquent if you fail to make a payment within days of Your payment Due Date. our failure to oWdse any our to exercise thu default ose ngh?oeuspoo?t latmean that er default are Wh" We MIN UIMP lrrun0dW Pa it you are in default, we can require immedia>? btYm ed t of your total outstanding balance and. unless ad under [h applicable law and except as otherwise provided nd can Ar6itratim QNA Llifgatiori Section of this Agreement, also require You to pay the costs we incur in any collectic proceeding, as well as reasonable attorneys' fees if we ref, your account for collection to an attorney who is not out salaried employee. Other Pa meat Tema meets. or pay- ments can accept late payments, partial pay meets with any restrictive writing without losing any of ou Tights under this marked with "Paid in full" or with a including those o the restrictive words, shall operate as of one of out senior gill' without the prior written approval at to make a payment. i You may not use a Postdated you do postdate a payment check. we may elect to honor upon presentment or return it uncredited to the person w presented it, without. in either case, waiting for the date shown i the check We are not liable to you for a Ion out of the action we elect eo expense e incurred by you arising ou Pa N e""t Ho1i? s We may allow you, from time to time. to ornit a Montt. this option is avaaabl payment, We will notify you u when and any applicable you omit nY?r a account: in iin charges ? an? with this will accrue ? on Y? Total Minims Agreement. You must resume maitir[p your holiday. Payment Due each month following a Transadbas 1Nada In Fe a C>u> MC If you make a transudon in a foreign currency, the tram will be converted by Visa international or MasterCard a international, depending on which card you use, into dotter amount in accordance with the operStinQ tegulatit conversion procedures in effect at the time that the trans is processed. Currently, those regulations and procedut provide that the currency conversion rate to be used is ?r Q7/20/2006 15:26 FIR CARD SERVICES 4 912672952844 N0.873 D009 Y (I 1 a whoiesaie market rate or 121 a govemment•mandated rate in effect one day prior to the processing date. increased by one percent in each case. visa or MasterCard retains this one percent as compensation for performing the currency conversion service. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or the posting date. BI EN Cycle Your billing cycle ends each month on a dosing Date determined by us. Each billing cycle begins on the day after the Closing Date of the previous billing cycle. Each statement reflects a single billing cycle. A"sunt Fees and CllOM Acomm Few The following fees, which ate set forth in your Required Federal Disclosures or Initial Disclosure, am charged as Purchases in the billing cycle in which the fees accrue: I l 1 a Late Fee if the Total Minimum Payment Due shown on your monthly statement is not received by us on or before its Payment Due Date; (2) an Over limit Fee if your New Balance Total exceeds your. credit limit on the last day of a billing cycle, even if fees or finance charges charted by us cause your New Balance Total to exceed your credit limit; an Ovedimit Fee is charged to your account as of the day in the billing cycle that the total outstanding balance on your account exceeds your credit limit: (3) a Returned Payment Fee if a payment on your account is returned for insufficient funds or for any other reason, even if It is paid upon subsequent presentment; (4) a Returned Cash Advance Check Fee if we return an access check unpaid for any reason, even if the access check is paid upon subsequent presentment; (5) a Cm Fee for each copy of a monthly statement Cr sales draft, eseept that the six most recent monthly statements and six sales drafts will be provided for free; and (6) an Annual Fee if your account is open or if you maintain an account balance. Whether you have active chetgtng privi- leges or not. Abandoned-11% Ciarges; Unless prohibited by applicable law, we will charge your account, as a Purchase. for any costs incurred by us associated with complying with state abandoned-property laws. Please review your Required Federal Dlsciosurea or initial Disclosure for additional fees and charges that may apply to your account. Ben!fly We may offer you certain benefits and services with your account. Unless expressly made a part of this Agreement. any such benefits or services are not a part of this Agreement but are strWW to the terms and rmspictions outlined in this benefits brochure and other official documents provided to you from time to time by or on behalf of MBNA America. We may adjust, add, or delete benefits and services at any time and without notice to you. R I to Homes Your Alf unt We are not liable for any refusal to honor your amount. This an include a iehIsal to honor your card or amount number or any check written on your amount, we ate not liable for any retention of your card by us. any other bank, or any provider of goods or services. 07/20/2006 15:26 FIR CARD SERVICES 4 912672952844 N0.873 D010 We Mau Suspend or Close Your Accouni We may suspend or close your account or otherwise term; your right to use your account. We may do this at any time z for any reason. Your obligations under this Agreement conu• even after we have done this. You must destroy all cards. ac: checks, and other credit devices on the account when we rec that you do s0 You May Close Your Account You may close your account by notifying us in writing c telephone and destroying all cards. access checks, and ori: credit devices on the account. Your obligations under this Agreement continue even after you have done this. Transactions After Your Account Is Ciosc When your account is dosed, you must contact anyone authorized to charge transactions to your account, such as Internet service providers, health clubs, or insurance Gompan These transactions may continue to be charged to your account until you change the billing. Also, if we believe yc have authorized a transaction or are attempting to use yok. account after you have requested to dose the account, we may allow the transaction to be charged to your account. We May Aneeed T" Agnwilnent We may amend this Agreement at any time. We may amend it by adding, deleting, or changing provisions of thi Agreement. when we amend this Agreement, ore will Coco; with the applicable notice requirements of federal and Delaware law that are in effect at that time. If an amendm, gives you the opportunity to reject the change, and if you reject the change in the manner provided in such amend- ment. we may terminate your right to receive credit and m6 ask you to return al l credit devices as a condition of your rejection. The amended Agreement (including any higher-r or other higher eharW or fees] will apply to the total out- standing balance, including the balance existing before the amendment became effective. We may replace your card w another card at any time, We May SA Your Account We may at any time, and without notice to you. sell. assi. or transfer your account, any sums due on your account, th Agreement, or our rights or obligations under your account this Agreement to any person or entity. The person or entit- to whom we make any such sale, assignment or transfer sht be entitled to all of our rights and/or obligations under this Agreement to the extent sold, assigned or transferred. Your Credit Uonit Your credit limit is disclosed to you when you receive ypk card and, generally, on each monthly statement. We may change your credit limit from time to time. The amount shown on your monthly statement as Cash e Credit Available does not take into account any Purchases, Cash Advanm, finance charges, fees, any other transaction! or credits that post to your account aher the Closing Date e that monthly statement. Such transactions could result in your credit limit being exceeded and result in the assessmei of Clverlimit Fees. What We May Do # You AUmpt to Exceed Your Credit Liiafnit The total outstanding balance on your account plus authoria• tions at any time must not be more than your credit limit. d yc D• 07/20/2006 15:26 FIA CARD SERVICES 4 912672952844 N0.873 D011 attempt a transaction that results in vour total outstanding ni? ante (plus authorizationsl exceeding your credit limit. we ma% (1) permit the transaction without raising your credit limit. i permit the transaction and treat the amount of the transactic that is more than the credit limit as immediately due: or 131 refuse to permit the transaction. If we refuse to permit the transaction, we may advise the person who attempted the transaction that it has been refuse, if we refuse to permit a Check Cash Advance or Balance Transfer, we may do so by advising the person presenting the Check Cash Advance or Balance Trans* that credit has been refused, that there are insufficient funds to pay the Cheek Cas Advance or Balance Transfer, or in any other manner. If we have previously permitted you to exceed your credit 2 limit, it does not mean that we will permit you to exceed yot credit limit again. If we decide to permit you to exceed your credit limit, we may charge an Overlimit Fee as provided in this Agreement. Unautheriized Use Your Card Please notify us immediately of the loss, theft, or possible unauthorized use of your account at I -ND-739-6701. t You Must NIF-ML, Us When You Change f Your Adduct: we strive to beep accurate records for your benefit and oats. The post office and others may notify us of a change re your address. When you change your address. you must notil i us promptly of your new address, What Late APPUn This Agreement is made in Delaware, and we extend aedi: to you from Delaware, This Agreement is governed by the 1 ` laws of the State of Delaware (without regard to its conflict o laws principles) and by any applicable federal laws, The Provifsfow of This Agreement Are Severable I If any provision of this Agreement is found to be invalid, the remaining provisions will continue to be effective. Our R' /fits ConiWilue Our failure or delay in exercising any of our F.4100 under this Agreement does not mean that we are unable to exemieE those rights later. Arfi&ation and Ut josyt This Arbitration and Litigation provision applies to you. I unless you were givers the opportunity to rood the Arbttrtioi and Litigation provisions and you did so mat them, in the ' manner and timeframe r"Wr ed. If you did road effttctivrly such a provision. you alread that any litigation brought by yo! against us fsgarding this account or this Agreemmt shall be brought in a court located in the State of Delaware. Any claim or dispute ("Claim') by either you or us against the other. or against the employees. agents, or assipts of the L other, arising from or relating in any way to this Agreement o any prior Agreement or your account !whether under a statute, in contract, tort, or otherwise and whether for money damages, penalties, or declaratory or equitable rehab, including Claims regording the applicability of this Arbitration and Litigation section or the validity of the emirs Agreement or any prior Agreement, shall be resolved by binding arbitration The arbitration shall be conducted by the National Arbluatior 9 P• 07/20/2006 15:26 FIR CARD SERVICES 4 912672952844 NO.873 D012 Forum f-N.4F'I, under the Code or Procedure in effect at the Gm the Claim is filed. Rules and forms or the National Arbitration Forum may be Obtained and Claims may be filed at any Naticma Arbitration Forum office. www arb-forume mm. or P.O. Box 5019' Minneapolis, Minnesota 55405, telephone 1-800-474-2371 if the NAF is unable or unwilling to as as arbitrator. we mar substitute another nationally recognized, independent arbi- tration organization that uses a similar code of procedure. At your written request. we will advance any arbitration filing fee, or administrative and hearing fees that you are required to pay to pursue a Claim in arbitration. The arbitrator will decide who will be ultimately responsible for paying those fees. in no event will you be required to reimburse us for an• arbitration filing. administrative, or hearing fees in an amour greater than what your court costs would have been if the Claim had been respired in a state court with jurisdiction. Any arbitration hosting at which you appear will take place within the federal ludicial district that includes your billing address at the time the Claim is filed. This arbitration agree- ment is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration A92, 4 U.S.C. if 1.16 ('FM"). lodgment upon any arbitration award may be entered in any court having lurisdiction. The arbitrator shall follow existing substantive law to the extent consistent with the FAA and applicable statutes of limitation! and shall honor any claims or privilege recognized by law. if any party requests, the arbitrator shall write an opinion con- taining the reasons for the award. No Claim submitted to arbitration is heard by a jury, and no Claim may be brought as a class action or as a private attorney general, You do not have the right to ad as a class representative or participate as a member of a class of clairriants with respect to any Claim. This Arbitration and Litigation section applies to all Claims now in existence or that may arise in the future. This Arbitration and Litigation section shall survive the termination of your account with us as well as any voluntary payment of the debt in full by you, any bankruptcy by you. or sale of the debt by us. For the purposes of this Arbitration and Litigation section. -vve and "us" means MBNA America Bank, NA, its parent. subsidiaries. affiliates, licensees, predecessors, successors. assigns, any purchaser of your account, and all of their officers directors, employees, agents, and assigns or any and all of them. Additionally, `we" or 'us" shall mean any third party providing benefits, services, or products in connexion with the account (including but not limited to credit bureaus, mer chants that accept any credit device issued tinder the account. rewards or enrollment services, credit insurance companies, debt collectors, and all of their offteers, directors employees and agems) if, and only if, such a third party is named by you as a codefendant in any Claim you assert against us. if any part of this Arbitration and Utigation section is found to be invalid or unenforceable under any law or statute consistent with the FAA, the remainder of this Arbitration am Litigation section shall be enforceable without regard to suCI Invalidity or unenfottzability. THE RESULT OF THIS ARBITRATION AGREEMENT IS THAT, EXCEPT AS PROVIDED ABOVE, CLAIMS CANNOT SE LITIGATED IN COURT, INCLUDING SOME CLAIMS THAT COULD HAVE BEEN TRIED BEFORE A JURY. AS CLASS ACTIONS. OR AS PRTVATE ATTORNEY GENERAL ACTIONS. I6 a. 07/20/2006 15:26 FIA CARD SERVICES 4 912672952844 NO.873 9013 CREDIT INSURANCE BENEFITS, LIMITATIONS, COSTS S EXCLUSIONS CREDrr INRuRANCE Ms NOT A DEPOSIT; NOT FDIC- INSURED; NOT WSURW BY ANY FEDERAL GOVERNMENT AGENCY: App Not GUARANTM BY THE BANK PURCNASI[ OF CRIM INSURANCE IS NOT A CONDITION OF OiSTAINING CREDIT tF COVERAGE IS DESIRED, IT CBdkJffiW0= pays your minimum monthly payment' up to your balance on the data of loss snot to exceed $25,000, except disability in MN), until you return to work,, it you are ? • involuntarily unemployed. saWU disabled, or if you or your i spouse cakes covered family leave. Credit Insurance also pays your insured outstanding balance up to the least of your outstanding balance, your credit limit (not AL. AZ, At, DE, { DC, ID, IL. ]A, IA MD, MN, MS, NY. ND, ON, OK, RI, SD, Vr. e WA, WV & WY). or $25.000 if you die. Zliglftil; One insured per account (insured must be the primary cardholder or a cD applicent, authorized users are not eligible). under age 66170 in AZ, NY & VA; 71 in FL, GA, MI, MO & OK: 72 in NM 1. Your coverage ends at these same ages (except family leave in AZ, FL s SD 6 unemployment). When enrolled. certificates will be mailed explaining your coverage offletive date. In MN, unemployment coverage is effective 61 days from your certificate effective date, For unemployment or family leave benefits, you must be gainfully employed t working at least 30 ,"slack (not self-employed or an independent contractor) for 90 consecutive days before the date of Ions (CO - before application date), (PA • on the date of loss). ITR - before coverage effective date for unemployment). Employees of professional corporations may be eligible. CANON= & • Credit insurance covers: your j death; involuntary unemployment due to bb loess, general strike, uniontzed labor dispute, or lockout: total disability due to sickness Or injury if you are unable to perform the material & substantial duties of your lob (or any job after 12 mos, in PA: IS mos. in AL, AZ. AR, CA, DE. DC, GA. HI, ID. IL, IA, KS, LA, MD, MN, M5, NY, NJ. ND, OH, OK. RI, $D. TN. Vr, WA, WV, Wl s WY); your or your spouse's unpaid leave of absence from employment due to care of your newborn or newly adgaW child or an incapacitated immediate family member (must be spouse, child, stepchtld or parent in AK): mandatory recall to active military duty: fury duty (except in AK): or To$! roe in a federally declared disaster area. Loss (not death) must continue at least 30 days before benefits begin. In NY, for strikes, unionized labor disputes & lockouts. you must be unemployed for 7 consecutive weeks 6 qualify for state unem. pioyment benefits before benefits begin. A daily benefit is paid for each day of low over 30 days for unemployment in NY & PA, and disability in CA. CT, GA. NY, MI. PA. R1 & 5C. You may cancel this coverage at any time. if canceled within the first 30 days of coverage, all premiums will be refunded. F,idgaI t Life: suicide in the first 6 months of coverage (not MD s MO). Involuntary Unemployment: retirement, resignation, voluntary forfeiture of income or job loss due to willful or criminal misconduct, disability, strikes in IL, military discharge in NY 6 normal seasonal unemployment in Tic ! Disability normal pregnancy or childbirth snot CA, MA & NVI. intentionally self-inflicted injuries (not MD), or a pre-existing medical condition during first 6 months of coverage Inot NJ]. Family leave benefits are not paid if you are eligible for or j receiving unemployment benefits or are disabled. "J r 0,7/20/2006 15:26 FIA CARD SERVICES 4 912672952844 NO.873 0014 This is only a brief description of coverage. and coverager vary by state. Please refer to your certificates for a full explanation of coverage. Qua pff Sr oO em moth of Aftma Daily C;alance: Costs apply to Life (I.). Disability (D), Unemployment IUl & Family Leave IF): AL 54.5c: AK 78c; AZ 99.9c: AR 99c: CA 89.9c: CO 50.66[: Cr 42.89[: DE 99.9c: DC 99.9c: FL 69c; CA 90.8c: HI 89.91[: ID 993[ (L 8.6c, D 16.90, U 54c. F 2001: IL 80.97[; IN %c: IA 97.8c (L 7.2c. D 16.64, U 54c. F 204): KS 85,47[; KY 97AC: LA 99.93[: ME 53.05[; MD 79.74[: MA 15.7c MI 85.7[; MN 31 47c: MS 92,54: MO 61.Ic: MT 93.9e: NE 95.8c: NV 99,87[: NH 95c: NI 97c: NM 58,51[: NY 52.5c IL 8.& D 26,8[. U 16.9c 1: NC 71.3c: ND 94.9% OH 99.9c; OK 97 47c: OR 80.8c: PA 38.1c: PR 99e: RI 99.be; SC 78.3C: SD 519,9[: 7N 92.5c: TX 33.7c (L 4.8c, D 12,9c. U 16c): UT 90.44[; VT 34.92[ (L 6.68c. D 12.24[, F 16c1: VA 84c IL 6.1c. D 8.9c, U 494, F 20c1: wA 89.39[: WV 99.5c: W1 93.6c (L 5.7c. D 8.9c. U 59c. F 20c), WY 99.7c. Amildlill Involuntary unemployment is not available it MA or Vr. Family Leave is not available in AL, CT. MA. MD, MN, NM. NY. PA, or TX, Involuntary Unemployment: American Sec irity/LOII5/851. LOI NY(3/93), AS 1LO1 TX(11/991, LOIC-I14-0(2N61. LOIC-IP-CRS-ME(5/851 and LO1CAP: Standard Guaranty/SG LOI (M (NH onlyi. Life & Disability: Union Security UtWL-I-Z. L-S-G in AL. AZ, AR, DE, DC, ID. IL. U. ICS, LA, MD, MN, MS. NV, ND, OH, OK. RI. SD, VT. WA. WV & WY: Standard Guaranty Life (?X onlyU L-I-Z($192)13.53RA1. First Fortis Life (NY Life onlyVNYLM0013 American Security (NY Disability only)/W-$-A, Fortis Insurance iME onlyyU-X-A, Family Leave: American Security/PL.P 14A7), FLP-FLf 12A7) in FL. FLP-NC (31%) in NC. FLP-OK(4/971 in OK, FLP-VA42/98) in VA, FL-IP(AZ)(7M) in AZ. FLAN4197) in IL & IN. FLIP-KS (121971 in KS, FL-IP-ME {4199) in ME: FL-IP-WY(E) in WY. Standard Guaranty/FL.P (4197) in NH: Union Security L Jk/rLP-VT(4197) in VI', Solicitin: agents for Mississippi and Florida are Charles M. Gordon and Pameis Curtis respedivaly. The creditor may receive compensation in connection with this offer. it is a crime to provide false or misleading infomration to on insurer for the purpose of defrauding the insurer or any other pawn. Penalties include imprisonment and/or fines. to addition an insurer may, deny insurance benefits if false information materially related to a claim was praAded by the applicant. •Less past due and aver credit limit amounts. In MI, cover- age pays 5% of the balance on your date of disability up to $1250. In OR, coverage pays the greater of ]/36th of the bal- ance or the current minimum payment due on your date of loss. in NY & PA. coverage pays the minimum payment due on your date of loss, In TX, coverage pays the greater of 6% o your insured outstanding balance on your date of unemploy- ment or your minimum monthly payment. `The number of monthly benefit payments will M exceed 9 for family leave 12 for unemployment in AL, AK, Cr. IL, Ml. MN MO, NM, NC, NY. PK SC & TIC; 12 for disability in A& CO, Cr, FL, KY, MA MO. MT. NE, NH. NM, NC, OR, SC. UT & VA. NY NI & 7X IEeeid1 0*. To purdte9e CDNerAW sep flitel` write to Assurant Group, P. 0. Box 50355, Atlanta. GA 30302. Applications will be seat to you. 3 07/20/2006 15:26 FIA CARD SERVICES 4 912672952844 NO. 873 9015 2N/Di MBNAULOI (MBNA • L YUnapped LOUn) 25000 DISC-101 MBNA America Bank, NA, is the exclusive bluer and admintatrator of Platiow Plus credit card accounts. MMA America@ and PloiNuar Plus* are service marks of MBNAMrerics Bank, NA. 0 2001 MSNA America Bank, NA NEMO (Revised 4/2001) i i VERIFICATION I, BOBBY D U N K E R , hereby depose and state that: The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the foregoing document and the factual information contained therein is true and correct to the best of my personal knowledge. I am the Authorized Representative and a duly authorized representative of the plaintiff; The factual allegations set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief, and they are that SHAWN VANTASSELL owes the balance of $2,918.24 to CACH, LLC on previously submitted invoices, which balance is due and unpaid as if the date of the execution of this Verification. I am aware that if any of the foregoing is willfully false, I am subject to punishment. I understand that false statements made herein are subject to the penalties relating to unsworn falsification to authorities. By: 4W Authorized Representative Dated: MAY 2 0 2008 PA 2.15.08 RLED4TX OF T14E PROMNSTARI 2009 APR -2 AM If: 3 f ?)4. $17 8,50 C,4. d o-y 39 & ?a31xY Sheriffs Office of Cumberland County R Thomas Kline d.°0,0 of citw6rEdward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy OF14CE :,F THE s?IERiFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/06/2009 07:54 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Shawn Vantassell, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Shawn Vantassell. The current resident of 226 Key West Blvd. Carlisle Cumberland County, Pennsylvania 17015 states that he does not live at this address. The Carlisle postmaster has verified the mail is delivered to this address. An exact address is not available. SHERIFF COST: $37.50 April 22, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Docket NO. 2009-2072 CACH, LW v Shawn Vantassell FILEC ?- 'F' ICE OF TFC PI-? HONOTARY 2009 APR 27 AM 11: 35 HARRISON ROSS BYCK, ESQ. P.C. Attorney ID: X61511 229 Plaza Boulevard -Suite 112 ~~ .~ ~~~ Morrisville, PA 19067 P: 215.428.0666 / F: 215.428.0740 ~~ ~ Q ~~R _ , PM 3: CUP ~~t~~.~•==~'tit c~;{~}~N71' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT~~try~yL~r'~.~(1f} PENNSYLVANIA CIVIL DIVISION CACH, LLC. , 4340 SOUTH MONACO STREET 2ND . FLOOR . DENVER, CO 80237 vs. Plaintiff(s), SHAWN VANTASSELL 7073 CARLISLE PIKE TRACER # 62 CARLISLE, PA 17015 Docket No.: 2009-02072 Defendant(s).TABITHACONKLIN PRAECIPE TO REINSTATE OR REISSUE TO THE CLERK OF COURTS: Q REINSTATE the Complaint in the above captioned matter. ^ REISSUE the Writ of ^ OTHER: in the above captioned matter. for . P.C. Date: ~Gn~t~1 (S,Z010 ~~~~~ ~ Harrison Ross Byck, Esq., P.C. Attorney I.D. 61511 229 Plaza Blvd. Suite 112 Morrisville, PA 19067 1-888-275-6399 // (215) 428-0666 Attorney for Plaintiff CACH, LLC. ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, ) NO: 2009-02072 vs. ) SHAWN VANTASSELL Defendant(s). ) To: SHAWN VANTASSELL 7073 CARLISLE PIKE TRACER # 62 CARLISLE, PA 17015 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: By, a X Judgment by Default ~ 'J~/~/~b Money Judgment Judgment in Replevin Judgment for Possession _ Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Verdict If you have any questions concerning the above, please contact: ATTORNEY: HARRISON ROSS BYCK, Esquire at 215-428-0666 or 1-888-275-6399 Harrison Ross Byck, Esq., P.C. Attorney LD. No. 61511 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 1-888-275-6399//(215)428-0666 200 ~~rt`~ -S F;~ 3~ ~4 CACH, LLC. ) Plaintiff(s), ) vs. ) SHAWN VANTASSELL COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2009-02072 PRAECII'E TO ENTER Defendant(s). ) JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Please enter a Default Judgment in favor of plaintiff, CACH, LLC., and against the defendant(s), SHAWN VANTASSELL, for failure to answer or otherwise respond to the Complaint in Civil Action. The Complaint was served upon the defendant(s) on March 08, 2010. A copy of the proof of service is attached hereto as Exhibit "A". A copy of the Notice of Intention to take Default mailed to defendant(s) SHAWN VANTASSELL by regular United States mail, postage paid, on APRIL 9, 2010, is attached hereto as Exhibit "B". Assess damages in the amount of $ 4424.59 as follows: [a] $ 2918.24 principal being sought in the Complaint; [b] and $922.70 interest being sought in the Complaint; [c] and reasonable attorney's fees of $ 583.65, or $ 150.00 per hour, [d] and Court Costs of $ 0.00, [e] and Costs of Service of $0.00. Date: April 26, 2010 By: Allan C. Smith, Esq. Attorney LD. No. 204756 ~sl~. flo P Q ~'~'`~ ~-p ~.~ e.~E 8 R,~ d y ~loy~ ~~~ ~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith ~~~'`kt+~ nL ~unnf~E, f~~d~ Chief Deputy 3 . i'. Edward L Schorpp Solicitor cr-~~~ ,-~~~= --._~.~~~ Cach, LLC vs. Shawn Vantassell Case Number 2009-2072 SHERIFF'S RETURN OF SERVICE 03/08/2010 03:20 PM -Shawn-Harrison, Deputy Sheriff, who being duly-sworn according to law, states that on March 8, 2010 at 1515 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Shawn Vantassell, by making known unto himself personally, a~226 Key West Boulevard, Carlisle, Cumberland County, Pennsylvania 17015 its Conte a d at the same time handing to him personally the said true and correct copy of the same. %~~ % S SHERIFF COST: $33.84 March 09, 2010 HARRISON, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF Courry"suite Sne~iff. Teieosoft. Ir. Harrison Ross Byck, Esq., P.C. Attorney I.D. 61511 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 1-888-275-6399//(215)428-0666 Attorney for Plaintiff CACH, LLC. ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, ) NO: 2009-02072 vs. ) SHAWN VANTASSELL Defendant(s). ) CERTIFICATE OF SERVICE OF NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT I, ALLAN C. SMITH, ESQ., of full age, certify that I mailed a copy of the annexed NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT upon defendant SHAWN VANTASSELL by United States mail, postage prepaid and certified mail, on APRIL 9, 2010 at his/her last address of: 7073 CARLISLE PIKE TRACER # 62 CARLISLE, PA 17015 Date: Apri126, 2010 By: Allan C. Smith, Esq. Attorney I.D. No. 204756 Harrison R. Byck, Esq., P.C. Attorney LD. No. 61511 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 1-888-275-6399//(215)428-0666 Attorney for the Plaintiff CACH, LLC. ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, ) vs. ) No.: 2009-02072 SHAWN VANTASSELL ) NOTICE OF INTENT TO FILE PRAECIPE TO ENTER Defendants. ) JUDGMENT BY DEFAULT TO: SHAWN VANTASSELL 7073 CARLISLE PIKE TRACER # 62 CARLISLE, PA 17015 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 TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CAN NOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 Dated: Apri19, 2010 Harrison Ross Byck, Esq., P.C. Attorney I.D. No. 61511 229 Plaza Blvd. Suite 112 Morrisville, PA 19067 1-888-275-6399 // (215) 428-0666 Attorney for Plaintiff C:ACH, LLC. Plaintiff, vs. SHAWN VANTASSELL Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2009-02072 CERTIFICATION OF NON-MILITARY SERVICE I, ALLAN C. SMITH, ESQ. of full age, certifies as follows: I am the plaintiff s attorney herein, and have sufficient knowledge of the facts and am fully authorized to make this Certification; 2. My information is that the defendant is SHAWN VANTASSELL. 3. Our latest information is that the defendant is employed at UNKNOWN. 3. To the best of my information and belief, the Defendant is not a member of the military services of the United States of its allies or otherwise within the provisions of the Soldiers' and Sailors' Relief Act of 1940, as amended, and as stated in the attached Department of Defense Manpower Data Center reports. This certification is taken subject to the penalties of 18 PaCSA 4904 relating to unsworn falsification to authorities. Date: April 26, 2010 i By ' Allan C. Smith, Esq. Attorney I.D. No. 204756 Request for Military Status Page 1 of 2 Apr-23-2010 09:26:58 '~ Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agenc VANTASSELL SHAWN Based on the information you have furnished, the DMDC does not possess any infonYnation indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). ~ .~-~._ Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. § § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL httn://www.defenselink mil/faq/pis/PC09SLDR html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA maybe invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.miUappj/scra/popreport.do 4/23/2010 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY o€'E _ i _ i?Rt1 F Law Firm of Allan C. Smith vs. Shawn Vantassell Case Number 2009-2072 SHERIFF'S RETURN OF SERVICE 05/02/2011 02:21 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on May 2, 2011 at 1421 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Shawn Vantassell, by making known unto Shawn Vantassell, at 10 Meadow Brook Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true an( correct copy of the same. Upon serving the writ of execution, a levy was completed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on 05-02-11. 05/03/2011 Property claim filed this date by Tabitha Vantassell. All parties notified by mail this date. 05/03/2011 Property claim filed this date by Marlin Bender Jr. All parties notified by mail this date. 05/05/2011 Claim for exemption filed this date by Shawn Vantassell. Taken to Court Administration to schedule a hearing. NOTE: Mr. Vantassell is laying claim to a bed that his wife Tabitha also claimed in her property claim. Copy of property claim form also forwarded to Court Administration. 05/13/2011 Reference is made to Property Claim dated May 3, 2011, entered by Tabitha Vantassell, Writ of Execution No. 2009-2072 Civil Term, CACH, LLC vs Shawn Vantassell. Ronny R. Anderson, Sheriff, has determined that the claimant, Tabitha Vantassell, in the above mentioned property claim, is the owner of the property set forth in the claim. 05/13/2011 Reference is made to Property Claim dated May 3, 2011, entered by Marlin Bender, Jr., Writ of Execution No. 2009-2072 Civil Term, CACH, LLC vs Shawn Vantassell. Ronny R. Anderson, Sheriff, has determined that the claimant, Marlin Bender, Jr., in the above mentioned property claim, is the owner of the property set forth in the claim. 05/17/2011 ORDER OF COURT And now, this 16th day of May, 2011, upon consideration of Defendant's Claim for Exemption, and the third party claim of Tabitha Vantassell, a hearing is scheduled for Friday, May 27, 2011, at 2:30 p.m. in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. By The Court, J. Wesley Oler, Jr., Judge 05/24/2011 No objections filed in this case. Refunded $ 25.00 to each claimant. 06/03/2011 Hearing held May 31, 2011 - see separate order of court. 06/15/2011 Received fax from Attorney Byck requesting to postpone sheriff sale as defendant is trying to get a payment plan together. 05/17/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. t (j F .. r 211 AY 17 P 2: 6 PENNSYLVAMA 3nf;rdf. 7e' rsufl I'z;. C. Cou "S'.. to a - SHERIFF COST: $135.44 May 17, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ?L c, 3'?G r {st CeuntySuiL SCer!tt Te eoseott Sig: