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HomeMy WebLinkAbout09-4766IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH. LLC. VS. NO: CA- g7ko 0,-,v',1 Term MARY E APPLEBY 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.: ?- L.76(' Gv. MARY E APPLEBY 1061 ALLENDALE RD APT E MECHANICSBURG, PA 17055 COMPLAINT To: MARY E APPLEBY 1061 ALLENDALE RD APT E MECHANICSBURG, PA 17055 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 Defendant MARY E APPLEBY, 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, MARY E APPLEBY, is an individual residing at 1061 ALLENDALE RD APT E, MECHANICSBURG, PA 17055. 2. The claims raised in the complaint are subject to an agreement to submit these claims to arbitration. <Exhibit C> 3. Defendant, MARY E APPLEBY, is indebted to BANK OF AMERICA, N.A. on an account stated by and between them in the amount of $8,821.16 which balance was due and unpaid as of August 18, 2005, for credit card account number 4313512993980729. <Exhibit A> 4. On or about June 1, 2007, BANK OF AMERICA, N.A. sold the debt for good and valuable consideration to plaintiff, CACH, LLC. <Exhibit B> 5. The Defendant, Mary E Appleby, last tendered a payment on June 4, 2009. 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 $7.3083 per day from the default date ( 30.240% annual percentage rate x $8,821.16 / 365 days) or $7.3083 x 25 days = $182.71; 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 $1,768.23 as stated in the Cardholder Agreement attached hereto as <Exhibit C>. 9. The defendant, being indebted to the plaintiff in the sum of $10,950.60 upon the account stated by and between them did promise to pay said sums upon demand. Demand has been made for payment of $10,950.60 and the defendant has failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendant for $10,950.60 together with other interest and costs of suit. Date: June 29, 2009 EXHIBIT A I MARY E APPLEBY q31 3 S r 1 13 Account Number: 4319 0300 05051748 Your Bank of America Visa® Account New Balance $4,210.45 Past Due Amount 67;9 $1,012.69 Total Credit Line $0.00 Available Credit $0,00 Cash Limit $0.00 Available Cash $0.00 Overlimit Amount $210.45 Billing Date 08118/05 Minimum Payment Due $4,210.45 Payment Due Date OW12105 24-Hour Customer Service 1.800.732.9194 Pay onins! Visit For Lost or Stolen Cards 1.800.848.6090 www.ban1wfamerica.com Transactions View wed transactions and pay your bit online at www.banlwfamerica.com POST. TRANS. REF. DESCRIPTION AMOUNT DATE DATE NO. CM=CREDIT Aug 01 Aug 01 21985400010010000071598 PAYMENT - THANK YOU CR $80.00 Aug 12 Aug 12 LATE PAYMENT FEE 539.00 Aug 18 Aug 18 PURCHASE FIN CHO CREDIT CR S291.18 Aug 18 Aug 18 LATE FEE CREDIT CR S488 00 Aug 18 Aug 18 PURCHASE FIN CHO CREDIT CR 55481 Aug 18 Aug 18 OVERLIMIT FE CREDIT CR $953.81 Aug 18 Aug 18 PURCHASE FIN CHO CREDIT CR $42.29 Aug 18 Aug 18 PERIODIC FINANCE CHARGE 5138,33 Account Summary Previous Balance $5,306.81 Purchases + $0.00 Cash Advances + $0 00 Other Debits + . $39.00 Credits - $1,211.68 FINANCE CHARGE + $136.33 Papents - $60.00 New Balance = $4,210.45 Past Due Amount $1,012.69 Finance Charge Summary CorresporKlIng Daly (0) 1 Monthly 00 Average Daily Minimum (M) / APR Periodic Rate Balance (ADB) Periodic (P) Charge Purchases 30.240% 0.08285%v D $5,307.95 $136.33 P Cash 30.240% 0.08285%v 0 $0.00 $0.00 P ANNUAL PERCENTAGE RATE 30.240% v--Variable Bankof America -4W Bankof America 4);o- Customer Corner In accordance with your Cardholder Agreement, your account will remain in Penalty Rate Prying, since we did not receive your minimum payment on time. We look forward to returning your account to its Standard Contract Rates upon receiving six consecutive months of on-time payments without going ovedimtt. 0006000 0421045 0421045 4311030005051748 Pawnwd Cou n BANK OF AMERICA Account Number 4319 0300 0505 1748 Po Box 1758 Payment Due Date 09112/05 NEWARK N7 07101-1758 Himhrdnriliinnullnriiinrirlr6luinhhirririrrril Total Minimum Payment Due $4.21045 New Balance: 210.45 EXHIBIT B CERTIFICATE OF PURCHASE 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: APPLEBY, MARY E Original Creditor: BANK OF AMERICA, N.A. Account Number: 4313512993980729 3. On or about June 1, 2007 this account w sold by the original creditor. CACH, LLC is the current owner of the account and purcha the account for good and valuable consideration. APR 0 7 2009 Swom and su s ed to before me this APR 0 7 20(y of 2009. Notary Public STEPHANIE MORRIS NOTARY PUBLIC STATE OF COLORADO My Commission Expires 05/22/2011 (PA 6. / 5.08) EXHIBIT C FEDERALLY REQUIRED AFFILIATE MARKETING NOTICE YOUR CHOICE TO LIMIT MARKETING • The Bank of America companies listed (see below) are providing this notice. Real Estate HomeFocus Services, LLC Administrative Services LaSalle Healthcare Administrative Services, LLC Federal law gives you the right to li mit some but not Merchant Services all marketing from all the Bank of America BA Merchant Services, LLC affiliated companies. Federal law also requires us to LaSalle Merchant Services, LLC give you this notice to tell you about our choice to limit marketing from all the Bank of America affiliated companies. You may limit all the Bank of America affiliated companies, such as the banking, loan credit card, insurance and securities companies, from marketing their products or services to you based upon your personal information that the receive from other Bank of America companies. This information includes your income, your account history, and your credit score. • Your choice to limit marketing offers from the Bank of America affiliated companies will apply for at least 5 years from when you tell us your choice. Before your choice to limit marketin offers expires, you will receive a renewal notice that will allow you to continue to limit marketing offers from all the Bank of America affiliated companies for at least another 5 years. • You may tell us your choice to limit marketing offers, and you may tell us the choices for other customers who are joint account holders with you. • This limitation will not apply in certain circumstances, such as when you have an account or service relationship with the Bank of America company that is marketing to you. • For individuals with business purpose accounts, this limitation will only apply to marketing to individuals and not marketing to a business. To limit marketing offers, contact us at 800.374.2632 Effective October 1,-2008 Banks and Trust Companies Bank of America, NA. LaSalle Bank National Association LaSalle Bank Midwest National Association Credit Card Bank of America Consumer Card Services, LLC Bank of America Fleet Credit Card Services, L.P. Insurance and Annuities BA Insurance Services, Inc. Banc of America Agency of Texas, Inc. Banc of America insurance Services, Inc., dba Banc of America Insurance Agency General Fidelity Insurance Company General Fidelity Life Insurance Uompany LaSalle Financial Services, Inc. dba LaSalle Insurance Services Brokerage and Investments BACAP Alternative Advisors, Inc. Bank of America Capital Advisors LLC Banc of America Investment Advisors, Inc. Banc of America Investment Services, Inc. Banc of America Securities LLC LaSalle Financial Services, Inc. U.S. Trust Hedge Fund Management, Inc. UST Securities Corp. ?u (continued) BANK OF AMERICA PRIVACY POLICY FOR CONSUMERS 2008 To learn more about how Bank of America manages Customer Information and what actions you can take, please continue reading. This document includes information about: 1. Making the security of information a priority 2. Collecting your information 3. Managing information about you 4. Making sure information is accurate 5. Honoring your preferences 6. Actions you can take 7. Guarding your own information 8. Bank of America companies This policy covers Customer Information, which means personally identifiable information about a consumer or a consumers current or former customer relationship with Bank of America. This poli?-cy is provided to you as required by the Federal Financial Yrivacy Law and applies to our companies identified in Section 7, Bank of America 1. Makin the security of information a priority Keeping financial information secure is one of our most important responsibilities. We maintain physical, electronic s? and procedural safeguards to protect Customer Information. Ap ropriate employees are authorized to access Customer I2rmation for business Purposes only. Our employees are bound by a code of ethics that requires confidential treatment of Customer Information and are subject to disciplinary action if they fail to follow this code. 2. Collecting information We collect and use various types of information about you and your accounts to service your accounts, save you time and money, better respond to our needs and manage our business and risks. Customer Information is categorized m the following six ways: A. Identification Information - information that identifies ou, such as name, address, telephone number and Social ecurity number. B. Application Information - information you provide to us on applications and through other means that will help us determine if you are eligible for products you request. Examples include assets, income and debt. C. Transaction and Experience Information - information about transactions and account experience, as well as information about our communications with you. Examples include account balances, payment history, account usage and your inquiries and our responses. D. Consumer Report Information - information from a co nsumer report. Examples include credit score and credit histo E. Information from Outside Sources - information from outside sources re gardin employment, credit and other relationships that will he p us determine if you are eligible for products you request. Examples include employment history, loan balances, credit card balances, property insurance coverage and other verifications. F. Other General Information - information from outside sources such as data from public records, that is not assembled or used €or the purpose of determining eligibility for a product or service. As required by the USA PATRIOT Act, we also collect information and take actions necessary to verify your Xormation within Bank of America ,rica is made up of a number of companies, racial service providers, such as our brokerage d credit card company, and nonfinancial such as our operations and servicing Bank of America may share any of the categories of Customer Information among our companies. For example, snaring information allows us to use information about your ATM, credit card and check-card transactions to identify any unusual activity and then contact you to determine if your card has been lost or stolen. we occasionally receive medical or health information from a customer if, for example, a customer applies for insurance from us. We also may obtain information from insurance sup ort organizations not affiliated with Bank of America tha( repare and provide reports to others as well as to us. We do not share medical or health information among our companies, except to maintain or collect on accounts, process transactions, service customer requests or perform insurance functions to the extent permitted b law. Managing information with companies that work for us We may share any of the categories of Customer Information. with companies that work for us, including companies located outside the United States. All nonaffiliated companies that act on our behalf and receive Customer Information from us are contractually obligated to keep the information we provide to them confidential, and to use the Customer Information we share only to provide the services we ask them to perform. These companies may include financial service providers, - such as payment processing companies, and nonfinancial companies, such as checkprioting and data processin companies. In addition, we may share any of the categories of Customer Information with companies that work for us in order to provide marketing support and other services, such as a service provider that distributes marketing materials. These companies may help us to market our own products and services or other products and services that we believe may be of interest to you. Please note that some of our own companies may provide marketing support and other services for us as well. Sharing information with third parties (for customers Eyre eriieence?Information, as well has' Other General Information we collect about each of your (1) Bank of America credit card account(s) and (2? Sponsored Accounts at Bank of America, with selected thir parties. 1. Credit card account information, whether co-branded or not may be shared with third parties. 2. 9aponsored Account information may be shared with third parties. Sponsored Accounts are non-credit card accounts or services provided by Bank of America that are also endorsed, co-branded or sponsored by other organizations. Examples of these organizations include colleges, sporting teams, retailers and other affinity, organizations, such as charities. Sponsored Accounts may include deposit accounts or other banlong services provided by Bank of America, such as a savings account co-branded with an automobile club. You will know whether an account is a Sponsored Account by the appearance of the name or logo of the ygpm oring o anization on account materials such as unsure whether any of your accounts are counts, please contact 1.888.341.5000. 'are information about credit cards and counts with selected third parties, including. al services companies (such as insurance s or companies and mortgage brokers and stions with whom we have agreements to narket financial products); aicial companies (such as retailers travel ies and membership organizations); and impanies (such as nonprofit oreamzatinnal luC tutiering of iniormation, as described in this section, is Pl ease seecSection r4 Ho oringsyourr _preferen soto leiaorn how you may choose to opt out of this sharing. Disclosing information in other situations We also mayy disclose any of the categories of Customer Information to credit bureaus and similar organizations and when required or permitted by law. For example, Customex Information may be disclosed in connection with fraud prevention or investigation, risk mana ement and security, and recording mortgages in public records. 4. Honoring your preferences You have choices when it comes to how Bank of America shares and uses information. Sharing information with third parties (for customers with credit cards and Sponsored Accounts) If you have a Bank of America credit card or Sponsored Account, you may request that we not share information about these accounts with third parties. If you request that we not share information with third parties, we may still share information: permitted or required by law as discussed in 3 under Disclosing information in other providers as discussed in Section 3 information with companies that • wnn other financial companies with whom we have joint marketing agreements. If you have multiple credit cards or Sponsored Accounts, you will need to express your preference for each account separately. When any customer on a joint account requests that we not share with third parties, that preference is applied to the entire account. Sharing among Bank of America companies You may request that Application Information, Consumer Report Information and Information from Outside Sources not be shared among Bank of America companies. For sharing among Bank of America companies, each customer may tell us his or her references individually, or you may tell us the preferences for any other customers who are point account owners with you. Direct marketing You may choose not to receive direct marketin offers - sent by postal mail, telephone and/or e-mail - from Bank of America. These preferences apply to all marketing offers from us and from companies working for, us. To nEnimize the amount of telephone solicitation our customers receive Bank of America does not offer nonfinancial products ind services through telephone solicitations. Direct marketing offers from us may include information about products and services we believe may be of interest to you. If you elect not to receive direct marketing offers by postal mail, telephone and/or e-mail, please note that we may continue to contact you as necessary to service your account and for other nonmarketing purp9ses. You may also be contacted by your client relationalup manager or assigned account representative, if applicable. Bank of America may also continue to provide marketing information in your regular account mailings and statements, including online and ATM communications. Each customer may opt out of each direct marketing opption individually. Since marketing programs may already be in progress it may take up to 12 weeks for your postal mail opt-out, to be fully effective. When you opt out of direct marketm by postal mail or telephone, your opt-out will last for f19ve (5) years. After that, you may choose to renew our o t-out for another five-year period. 5. Ac ions you can take You can tell us your preferences by: • Notifying us at bankofamerica.com/privac and entering your information on our secure Reb site • Calling us toll free at 1.888.341.5000 Tallcing to a customer representative at a banking center or to your client relationship manager 6. Guarding your own information Bank of America recommends that you take the following precautions to guard against the disclosure and unauthorized use of your account and personal information: • Review your monthly account statements and report any suspicious activity to us immediately. • Do not respond to a-mails requesting account numbers, passwords or PINs. Call the institution to verify the legitimacy of the e-mail. • Memorize PINs and refrain from writing PINs, Social Security numbers debit or credit card numbers where they could be found. • Shred documents containing any sensitive information before discarding, e.g. bank statements. • Confirm that an Internet site is secure by checking that the URL (Web address) begins with "https". • Review your credit report at least once every year to make sure all information is.up to date. For a free copy of your credit bureau report, contact www.annualcreditreport.corn or call 1.877.322.8228, • If you think you have been a victim of identity theft or fraud, you mayy contact the Federal Trade Commission (FTC) to report any incidents and to receive additional guidance on steps you can take to protect yourself. Contact the FTC at www.consumer.gov/idtheft or 1.877.438.4338. • For additional information on protecting your information, lease visit bankofamerica.com/privacy. Beeping up to dare with our Privacy Policy We may make changes to this policy at any time and will inform you of changes, as required by law. To receive the most up-to-date Privacy Policy, you can visit our Web site at: bankofamerica.com/privacy or call us at 1.888.341.5000. 7. Bank of America companies This Privacy Policy applies to the following Bank of America companies that have consumer customer relationships: Banks and Trust Companies Bank of America, NA. Bank of America Trust Company of Delaware, N.A. United States Trust Company, NA. U.S. Trust Company of Delaware Consumer Card Services, LLC Services, L.P. sors LLC ices, Inc.. ,dvisors, Inc. C cea, Inc. rs, LLC utors, Inc. gement, L.P. LLC U.a. 'Drust idedge Fund Management, Inc. UST Securities Corp. White Ridge Investment Advisors LLC Insurance and Annuities BA Agency, Inc. BA Insurance Services, Inc. Banc of America Agency, LLC Banc of America Agency of Nevada Inc. Banc of America Agency of Texas, Lc. Banc of America Insurance Services, Inc., dba Banc of America Insurance Agen Banc of America Corporate Insurance Agency, LLC General Fidelity Insurance Company General Fidelity Life Insurance Company R6e1 1, .4-4 e r'or a current list of Bank of America companies that have consumer customer relationships and to which this policy applies, please visit our Web site at bankofamerica.co rivacy. This policy a lies to consumer customer relationships established in th:' United States and is effective January 1 2008. This notice constitutes the Bank of America Uo Rot Call Policy under the Telephone Consumer Protection Act for all consumers and is pursuant to state law. You may have other privacy protections under state laws; laws applyrwe w it comply with them witheregard t oour information practices. For Nevadaryesidents only. Nevada law re quires that we Bureau f eConsume with Protection, g Of cfice of th o Nevtiada Attorney General, 555 East Washington Street, Suite 3900, u: continued) Las Vegas, NV 89101; phone number: 702.486.3132; e-mail: BCPINFO@ag.state.nv.us. Bank of America, PO Box 25118, FL1-300-02-07, Tampa, FL 33633-0900. For Vermont and California residents only. The information sharing practices described above are in accordance with federal law. Vermont and California law lace additional limits on sharing information about ?ermont and California residents so long as they remain residents of those states. Vermont: In accordance with Vermont law Bank of America will not share information we collect about Vermont residents with companies. outside of Bank of America, except as permitted by law, such as with the consent of the customer, to service the customer's accounts or to other financial institutions with which we have Joint marketing agreements. Bank of America will not se Ap lication Information Consumer Report Information and Information from Outside Sources about Vermont residents among the Bank of America companies exce t with the authorization or consent of the Vermont residenf California: In accordance with California law, Bank of America will not share information we collect about California residents with companies outside of Bank of America, except as permitted by law, such as with the consent of the customer, to service the customer's accounts, or to fulfill on rewards or benefits. We will limit sharing among our companies to the extent required by applicable California law. Estas normal estdn disponibles en espan'ol a travels de la sucursal bancaria de su localidad 0 2007 Bank of America Corporation. CREDIT CARD AGREEMENT YOUR CONTRACT WITH US Promise To Pay, and How We Allocate Your Payments). We reserve the right to thane the terms of this OTHER TERMINOLOGY Agreement at an time, as r?her described in the We will use the definitions described under the section section titled We May Amend is Agreement. heading Words Used Often In This Agreement or as "WORDS USED OFTEN IN THIS AGREEMENT otherwise defined in this Agreement. If we use a capitalized do um n this thee document has wed meaning nasthused in your Access check" means a check we provide to you to obtain monthly statement. credit on your account, g. f? "Agreement" or "Credit Card Agreement" means this eernesection )rganeadigs ize this eAgreement. The OheadiIngs ie document and any changes we make to this document from for reference purposes only. time to time. "APR" means the correspondin Annual Percentage Rate. The APR corresponds to the Daily Periodic Rate ("DPR") Which is calculated by dividing the corresponding APR by 365. "Card" Person wthe credit ards we ith authorization for use Ontliisuaccount pursuant to this Agreement. "Default Rate" means the APR(s) which may be applied to Balance Transfers, Cash Advances, and Purchases without further notice in certain instances of your default, as described in the section titled, Annual Percentage Rates. foreignncurrencyac(including, fora example acti o line purchases from foreign merchants). "Grace Period" means the period of time during a billing cycle when you will not accrue Periodic Rate Finance Charges on certain transactions or balances. "New Balance Total" means the total billed amount as. of the Closing Date of a billing cycle, as shown on o monthly statement. To determine the New Balance Totalur, we start with the total balance at the beginnin of the billing cycle, which is the "Previous Balance." %en we subtract payments and credits. Then we add Cash Advances, Balance Transfers, Purchases and Adjustments and finance charges. "Pay in Full" or "Paid in Full" means payments and credits in a billing cycle totaling at least your previous billing cycle's bNeB ane Total. In general, Pay in Full must be Period. by the Payment Due Date in order to get a Grace "Promotional Offer" means limited time introductory or promotional offers on certain Balance Transfers, Cash Advances or Purchases at APRs that are lower than the Standard Rates for those features C'Promotional Rates") and may be subject to other conditions. Promotional Offers ma also include limited time introducto or transaction fees . ("Promotional Fees") which mayrbeoh}ig4er or lower than the standard fees provided in the section titled Transaction Fee Finance Charges. Standard Rate" means the APR(s) normally in effect for Balance Transfers, Cash Advances, and Purchases. "We", "us" "our", and "FIACS" means FIA Card Services, N.A., also !mown as Bank of America. "You" and "your" mean each and all of the pp?ersons who are also mean any other person who has h arant ed a d "your" this account, when used in the sections titled YouryCosn?tract Arbitration a dayLMgat on, 4andRwhen used inn eachl of the sections relating to payment of this account (e.g., Your HOW TO USE YOUR ACCOUNT You may obtain credit in the form of Balance Transfers, Cash Advances, and Purchases by using cards, access y checks, your account number, or other credit devices. "Balance Transfer" means a transfer of funds to another creditor initiated by us at your re uest. A Balance Transfer Advance. Balance Transfers FincludetTransacti FeesCand adjustments associated with any Balance Transfer. "Cash Advance" means the use of your account for a loan obtained: 1. at an automated teller machine ("ATM Cash Advance"); 2. by a transfer of funds to a deposit account initiated by us at your request. C'Direct Deposit"). A .Direct Deposit does not include an Overdraft Protection Cash Advance or a same day online funds transfer; 3. at any financial institution (e.g., to obtain cash, money orders, wire transfers, or travelers checks), by a same day online funds transfer to a deposit account, and at any non-financial institution (to obtain cash) C'Bank Cash Advance"); 4. as part of an Overdraft Protection Program - a transfer of funds to a deposit account pursuant to an overdraft protection program ("Overdraft Protection Cash Advance"); 5. to buy "Cash Equivalents" (i.e., foreign currency, money orders or travelers checks from a non-financial institution, or person to person money transfers, bets, lottery tickets, casino gaming chips, fines or bail bonds) with your card; 6. by an access check you sign as drawer C'Check Cash Advance"); 7. for any payment you make to us that is returned to us unpaid for any reason, including the related finance charges ("Returned Payment"). "Cash Advance" includes Transaction Fees and adjustments associated with any Cash Advance. "Purchase" means the use of ;your card or account n to: umber 1. buy or lease goods or services; 2. buy wire transfers from a non-financial institution ("Wire Transfer Purchase"); 3. make a transaction that is not otherwise a Cash Advance. "Purchase" includes Account Fees, as well as Transaction 'u Yi ' (continued) Fees and adjustments associated with any Purchase. ANNUAL PERCENTAGE RATES This section provides the Standard Rates, Default Rates and Promotional Offers applicable to your account. Balance Transfers: The Standard Rate for Balance PERCENTAGE balances of 9.90 ((0.0271234 DPRANNUAL ). Cash Advances: The Standard Rate for Cash Advance balances is a corresponding ANNUAL PERCENTAGE RATE of 24.99%(0.068466% DPR). ccorre h ondsingg ANNUALd PERCENT GE bala?n TE f 9.90%K0.027123% DPR). Default Pricing: We may increase and outstanding Balance the Purchase balances up to the Defaul' you additional notice, each time TO re-pricing events" in any twelve roi cycles. A default re-pricing event make any Total Minimum Payment Di Date; or (2) pour total outstanding credit limit at any time in a billing c set your APRs for Balance Transfe Purchase balances to different Default are variable rates calculated using Rate formula with a margin of un cease will be in which the the APRs on all new Cash Advance, and t Rate, without vin u have two "defaui ng consecutive billing means: (1) you fail to e by its Payment Due balance exceeds your c Cash Adv nceeCand 2008 then this Promotional Offer will apply to eligible transactions posting to your account through your statement Closing Date in February 2009 and this Promotional Offer will end on your statement Closing Date in February 2009. If an eligible transaction does not post to your account by your statement Closing Date in August 2008, then the Promotional Offer will end on your statement Closing Date in August 2008. Check Cash Advances bearing Offer ID H6BHKH7MB and Direct Deposits which get this Promotional Offer will post to your account as Balance Transfers. During the time in which you ma make qualifying transactions under this Promotional Offer, they will be subject to the following Promotional Fees: Balance Transfers: 3.00% of each such ualif?,?ng transaction (Fee: Min. $10.00; Max. $99.00) (DANCE CHARGE). This Promotional Offer may end at any time if there is a "promotion turn-off event.' A promotion turn-off event means: (1) that any Total Minimum Payment Due is not received by its Payment Due Date; or (2) that your total outstanding balance exceeds your credit limit on any statement Closing Date. If a ?ppromotion turn-off event occurs then this Promotional Offer will end as of the first day of that billing cycle. This means that this Promotional Rate will not be in effect in that billing cycle. to 23.99 percents--- Promotional Offer ID H6BHHH7MC: The Promotional espondingg ANNU? Rate for this Promotional Offer is a correspondin 80110% DPR). Each ANNUAL PERCENTAGE RATE of 1.9996 (0.005452 )f the first day of the DPR). ult re-pricing event scares will remain in effect until you inimum Payment Due by its Payment not exceed your credit limit for six cles, starting with the first bilking cycle is in effect. At that time we will lower of these variable APRs by at least two These will be your new variable Promotional Offers:. From time to time we may make Promotional Offers on certain new Balance Transfers Cash Advances, and Purchases. When a Promotional &er ends, its Promotional Rates will terminate. Any Balance Transfer Cash Advance or Purchase balance sub.Lect to that Promoiional Offer wilt return to its respective -Standard Rate or Default Rate as applicable. Check Cash Advances and Direct Deposits are Cash Advances. However if Check Cash Advances or Direct Deposits are identified in the Promotional Offer as "posting as a Balance Transfer" and qualify for the Promotional Offer then the resultin promotional balances will be included in the Balance tansfer balance and will get the Balance Transfer Standard Rate or, if applicable, the This Promotional Offer applies to Purchases each at least $-500.00 (each an "eligible transaction" for this Promotional Offer). This Promotional Offer applies to new eligible transactions beginning on June 9, 2008. !f an eligible transaction posts to your account by August 1, 2008 then this Promotional Offer will apply to ell 'ble transactions posting to your account through your staement Closing Date in January 2009 and this Promotional Offer will end on your statement Closing Date in January 2009. If an eligible transaction does not Rost to your account by August 1 2008, then the Promotional Offer will end on August 1, X008. This Promotional Offer mar end at an time if there is a "promotion turn-off event.' A promotion turn-off event means: (1) that any Total Minimum Pa ent Due is not received by its Payment Due Date; or (2) that your total outstanding balance exceeds your credit limit on any statement Closin ate. If a promotion turn-off event occurs then this Dmotional Offer will end as of the first day of that billing cycle. This means that this Promotional Rate will not be in effect in that hilli„s --I- P Rate for this romotional Offer ID H6BHKH7MD: The Promotional ANNUAL PERCENTAGE M Offer ofs 1.99% corresponding .0-0452 DPR). ends, instead of the Cash Advance Rate. In addition, these This Promotional Offer applies to Balance Transfer Direct s transactions will get the Balance Transfer transaction fee if Deposit Cash Advances and Check Cash Advances bearing they qualify for the Promotional Offer. this Promotional Offer ID (each an "eligible transaction" for Promotional Offer ID H6BHHH7MB: The Promotional this Promotional Offer). Rate for this Promotional Offer is a correspondin DPR) g This Promotional Offer applies to new eligible transactions ANNUAL PERENTAGE RATE of 1.99% (0.005452% beginning on June 13, 2008. If an eh'gible transaction posts . to our account b CI by your statement osing Date in August 20 th This Promotional Offer applies to Balance Transfers Direct transactions posit g otto nalo Or account p lhro to eligible hyour Deposit Cash Advances and Check Cash Advances bearing statement Closing Date in March 2009 and this Promotional this Promotional Offer ID (each an "eligible transaction" for Offer will end on your statement Closing Date in March this Promotional Offer). 2009. If an eligible transacgtion does not post to our account This Promotional Offer applies to new eligible transactions Piomo itit onaltOf rt?l end on ay our state entOC08, lostin Datte beginning on May 18, 2008. If an eligible transaction posts in A t 2008. Check Cash Advances bearing Offer ID ULMA to your account by your statement Losing Date in August II6BI7MD and Direct Deposits which get this Promotional Offer will post to your account as Balance variable rates is 5.25% and was determined on June 30, Transfers. 2008. Duri ng the time in which you may make quah 'ng tranactions under this Promotional Offer, they will be subject to the following Promotional Fees: Balance Transfers: 3.00% of each such qualifyi'n transaction (Fee: Min. $10.00; Max. $99.00) (FINANCE CHARGE). This Promotional Offer may end at any time if there is a "promotion turn-off event.' A promotion turn-off event means: (1) that any Total Minimum Payment Due is not received by its Payment Due Date; or (2) that our total outstanding balance exceeds your credit h on any statement Closing Date. If a promotion turn-off event occurs then this Promotional Offer will end as of the first day of that billing cycle. This means that this Promotional Rate will not be in effect in that billing cycle. Promotional Offer ID H6BHKH7MF: The Promotional Rate for this P ANNUAL PERCENTAGE?R.ATEr ofs 1.99%0 (0.pp005452T DPR). An increase or decrease in the index will cause a a increase or decrease in your variable rates on on the first day of our billing cycle that begins in the same month as the determination date. An increase in the index means that you will pay higher periodic rate finance charges and have a higher Total Minmum Payment Due. If The Wall Street Journal does not publish the U.S. Prime a e, or i i c anges a definition of the U.S. Prime Rate, we may, at our sole discretion, substitute another index. TION OF PERIODIC RATE FINANCE we calculate Periodic Rate Finance Charges by multiplying each Balance Subject to Finance Charge by its applicable DPR and that result by the number of days in the billing c cle. When Periodic Rate Finance Charges accrue on a balance Transfer, Cash Advance or Purchase balance, those finance charges become part of that respective Balance Transfer, Cash Advance, or Purchase balance. BILLING CYCLE Your billing cycle ends each month on a Closing Date This Promotional Offer applies to Balance Transfers Direct the rrlosied by yEe oEthe pbrenmo cycle begins on the ay hey Deposit Cash Advances and Check Cash Advances bearing statement reflects a single billing cycle. this Promotional Offer ID (each an "eligible transaction" far this Promotional Offer). This Promotional Offer applies to new eligible transactions beginning on Jul 13, 2008. If an eligible transaction posts to our accoun? by your statement Closing Date in September 2008 then this Promotional Offer will apply to eligible transactions ost, to your account through your statement Closing DaUo in April 2009 and this Promotional Offer will end on your statement Closing Date in April 2009. If an eligible transaction does not post to your account by your statement Closing Date in September 2008 then the Promotional Offer will end on your statement dlosing Date in Sepptember 2008. Check Cash Advances bearing Offer ID HETTwH7MF d RATE FINANCE CHARGES BEGIN -uurn new tsaiance 't'ransfer and Cash Advance begins to accrue Periodic Rate Finance Charges on its transaction date. Balance Transfer and Cash Advance balances remai ning from previous billing cycles accrue Periodic Rate Finance -Charges from the first day of the billing cycle. The transaction date for Check Cash Advances and Balance Transfers made by check is the date the check is first deposited or cashed. The transaction date for a Returned Payment is the date that the corresponding payment posted to your account. an Direct Deposits which get this Unless subject to a Grace Period, each ne Pg? ns Promotional Offer will post to your account as Balance to accrue Periodic Rate Finance Charges on its transaction Transfers. date or the first day of the billing cycle, w whichever urchase be ' date is During the time in which yy??y?n later. Ungless subject to a Grace Period, Purchase balances transactions under this Promyou d&1er mae they will be FinancenChaarogespfrom tthhe first day of the billing cycle. ate subject to the following Promotional Fees: Balance Transfers: 3.00% of each such qqu?a?li?fyy??'ng transaction (Fee: Min. $10.00; Max. $99.00) (FiNANC1? CHARGE). This Promotional Offer may end at any time if there is a "promotion turn-off event.' A promotion turn-off event means: (1) that any Total Minimum Payment Due is not received by its Payment Due Date; or (2) that your total outstanding balance exceeds your credit limit on any statement Closing Date. If a promotion turn-off event occurs then this Promotional Offer will end as of the first day of that billing cycle. This means that this Promotional Rate will not be in effect in that billing cycle. However, if a promotion turn-off event occurs during the billin g Cy cle that includes August 13, 2008 then this Promotional ffer will end on the last day of that billing cycle. VARIABLE RATE INFORMATION We will use the following variable rate formula for variable Standard Rates, variable Default Rates and variable Promotional Rates. All variable rates are calculated by adding together an index and a mar For each variable rate, the applicable margin is disclose above in the section titled, Annual Percentage Rates. This index is determined on the last business dray of each Rate a("determination puih hey ate") nd is Rates" section of The Wall Street Journal at any time within the imme is e y index was determined s The including i dex the to month calculat these When applicable, Periodic Rate Finance Charges accrue daily. an compound daily on new balances, and balances remaining from previous billing cycles. Periodic Rate Finance Charges will continue to accrue even though you have paid the full amount of any related balances because we include any accrued but unpaid finance charges in the calculation of each Balance Subject to Finance Charge. Your Payment Due Date will be at least 20 days from your statement Closing Date. GRACE PERIOD You do not have a Grace Period for Balance Transfers or Cash Advances. You will have a Grace Period on new Purchases, in a billing cycle in which you Pay in Full from the day after the Pay in Full date until the end off' that billing cycle. You will have a Grace Period for an entire billing cycle on new Purchases and on Purchase balances the Pamng from previous billin cycles if you Pay in Full by yment Due Date in tha billin cycle and if during the previous billing cycle you Paid in ull. CALCULATION OF BALANCES SUBJECT TO FINANCE CHARGE Average Balance Method (including new Balance Transfers and new Cash Advances): We calculate separate Balances Subject to Finance Charge for Balance Transfers, Cash Advances, and for each Promotional Offer balance consisting of Balance Transfers or Cash Advances by: (1) calculating a daily balance for each day in the current billing cycle; (2) calculating a daily balance for each day prior to the current billing cycle that had a "Pre--Cycle .s ' (continued) balance" -a Pre-Cycle balance is a Balance Transfer or a Cash Advance with a transaction date prior to the current billing cycle but with a postingg date within the current billing cycle; (3) adding all the dail balances together; and (4) dividing the sum of the daily balances by the number of days in the current billing cycle. To calculate the daily balance for each day in the current billing cycle, we take the benning balance, add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, add new balance Transfers, Cash Advances. and Transaction. Fees, and subtract applicable payments and credits. If any daily balance is Tess than zero we treat it as zero. maoc: To calculate a daily balance for each day prior to the current billing cycle that had a Pre-Cycle balance we take the beginning balance attributable solely to a lire-Cycle balance (which will be zero on the transaction date associated with the first Pre-Cycle balance) add an amount equal to the ap licable Daily Periodic Raise multiplied by the previous day's daily balance, and add only the a plicable Pre-Cycle balances, and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles. Average, Dail Balance Method (including new Purchases): We calculate separate Balances Subject to Finance Charge for Purchases and for each Promotional Offer balance consist' of Purchases by: (1) calculating a daily balance for eachhhay in the current billin cle; (2) adding all the daily balances to ther; and (3? dgviing the sum of the daily balances by the number o days in the current billing cycle. To calculate the daily balance for each day in the current billing. cycle, we take the begins' balance add an amount equal to the applicable Daily Periodic Raise multiplied by the previous day's daily balance, add, unless subject to a Grace Period new Purchases, new Account Fees, and new Transaction- Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. If in the current billing cyCie you Pay fn Full, then on the day after that Pay in Full date, we exclude from the beginning balance new Purchases, new Account Fees and new Transaction Fees which posted on or before the Tray in Full date. We include the costs for credit card debt cancellation or credit insurance purchased through us in calculating the beg*nning Purchase balance for the first day of the billing cycle after the billing cycle in which such costs are billed. MINIMUM FINANCE CHARGE If the total of the Periodic Rate Finance Charges for all balances is less than $1.50, then a minimum FINANCE CHARGE of_$1.50 will be assessed on the account in lieu of any Periodic Rate Finance Charge. TRANSACTION FEE FINANCE CHARGES We will assess the following Transaction Fees to your Account in the same balance category to which the transaction is posted: If you obtain an ATM Cash Advance, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Balance Transfer we will assess a transaction fee (FINANCE CHARGit) equal to 3.00% of the U.S. dollar amount of each such Balance Transfer (Fee: Min. $10.00). If you obtain a Bank Cash Advance, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). ? transactiontfee (FINANCEcU?HARGt) equail to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00)_ transaction ee (FINANCE sCHARGE)' ewqual to assess of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Direct Deposit, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you make a Forei Transaction we will assess a transaction fee (FINANCE CHARGE equal to 3.00% of the U.S. dollar amount of each such oreign Transaction. This is in addition to any other applicable transaction fees. If you obtain an Overdraft Protection Cash Advance, we will assess a transaction fee (FINANCE CHARGE?i equal to 3.00% of the U.S. dollar amount of each such Cas Advance (Fee: Min. $10.00). If you make a Wire Transfer Purchase, we will assess a transaction fee (FINANCE CHARGE) equal td 3.00% of the U.S. dollar amount of each such Purchase (Fee: Min. $10.00). ACCOUNT FEES: The following. fees are assessed as Purchases in the Billing Cycle in wch the fees accrue: 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. On the Late Fee transaction date: • if the total outstanding balance is $100.00 or less, the Late Fee will be $15.00; • if the total outstanding balance is greater than 100.00 but $250.00 or less, the Late Fee will be 9o nn. outstanding balance fs eater than e Late Fee will be $39.9 A Returned. Payment Fee o"39.00 if a payment on your account is returned for insufficient funds or for any other reason, even if it is paid upon subsequent presentment (if we elect to re-present the payment). A Returned Access Check Fee of $39.00 if we return an access check unpaid for any reason, even if the access check is paid upon subsequent presentment. A Copy Fee of $5.00 for each copy of a monthly statement or sales draft, except that the six most recent monthly statements and one sales draft will be provided for free. us forbCOmopplyng with statFeeabagnud semi property lawsunless prohibited by applicable law. OVERDRAFT PROTECTION If your checking account with Bank of America is linked to this account, this overdraft protection feature will allow funds to be transferred ("overdraft protection transfers") from this account into your designated checking account with Bank of America Nhecking account ) when transactions occur on your checking account, such as checks or other debits, that if paid would cause' the checking account Overdraft protection transfers include wautomatic transfers to cover checking account fees. Overdraft protection transfers_are processed after close of l,,,s;-- nr ,.a ... ioLatea and rounded, to the next $100 ($25 if you opened your checking account in Washington or Tldaho.?$50 if our checking account is opened with -Military Bank) incremyent up to your available credit limit, regardless of who initiated the overdraft transactions. For example, if your eheckin account has a balance of $1.00 and a check or other debt item for $125 is presented for payment, which if paid would cause your checking account to a overdrawn, an overdraft protection transfer of $200 will be made to your checking account and an Overdraft Protection Cash Advance of $200 will post to this account. The amount of available credit on this account must be sufficient to cover the total amount of overdraft transactions (received by Bank of America that day) rounded to the next $100 increment (but excluding any overdraft protection fee)- otherwise one or more of the However, if the available creditt ontHiic account isregreater than the overdraft transaction amount, but the available credit is insufficient for the overdraft transaction amount to be rounded to the next $100 increment, then the amount of the overdraft transaction will be rounded to the highest whole dollar amount of your available credit. (And in such an event, the accrued finance charges may result in an Overlimit Fee.) We may permit or refuse to permit any overdraft protection transfer that would cause you to exceed the credit limit on this account; but if we permit it, you may be assessed an Overlimit Fee during the billing cycke in which the transfer occurs. This overdraft protection feature will automatically be cancelled if this account is closed by either you or us, or at any time upon your request. Your overdraft transactions remain subject to the terms of our checking account with Bank of America, any related enrollment agreement, and this Agreement. SIGN YOUR CARD You should sign your card before you use it. E MAY MONITOR AND RECORD TELEPHONE You consent to and authorize Bank of America, any of its affiliates, or its marketing associates to monitor and/or record any. of your telephone conversations with our representatives or the representatives of any of those companies. Where you have provided a cell phone number directly to us, or placed a cell phone call to us you consent and agree to accept collection calls to your cell hone from us. For any telephone or cell phone calls we place to you, you consent and agree that those calls may be automatically dialed and/or use recorded messages. CREDIT REPORTING AGENCIES; COLLECTING AND SHARING INFORMATION You authorize us to collect information about you in order to conduct our business and deliver the top quality service you expect, including information we receive about you information we receive from third parties such as credii'; reitorting a ncies and information about your transactions wh us and other companies. You authorize us to share such information about you or your account with our affiliates and others.. You may have the right to opt out of some information sharing. For more details, please refer to our Privacy Policy. If you believe we have furnished inaccurate or incomplete information about you or our account to a credit reportmng g W Ienvy= write to us at: FLA Card Services N A , Credit portmg Agenvies, P.O. Box 17054, Wilmington, DE 19884-7054. 1?lease include your name, address, home phone number, and account number, and explain what you believe is inaccurate or incomplete. PURPOSES FOR USING YOUR ACCOUNT You may use your account for personal, famil , or household purposes. You may not use your account for business or commercial urposes. You may not use a Balance Transfer, or Check Cash Advance, or any other Cash Advance, to make a pp?ayyminent on this or any other credit account with us or our affiliates. You may not use or permit your account to be used to make any illegal transaction. You will only use your account for transactions that are legal where you conduct them. For example, Internet gambling transactions may be illegal in your state. Display of a payment card logo by an online merchant does not mean that an Internet transaction is legal where you conduct it. We may charge your account for such transactions. We will not be liable if you engage in an illegal transaction. We may deny authorization of any transactions identified as Internet gambling. PERSONS USING YOUR ACCOUNT If you permit any person to use your card, access checks, account number, or other credit device with the authorization to obtain credit on your account, you may be w liable for all transactions made by that person including transactions for which you may not have intended to be liable, even if the amount of those transactions causes your credit limit to be exceeded. Authorized users of this account maq have the same access to information about the account and its users as the account holders. We may send account materials (cards, statements and notices) to any liable arty, and that person will be responsible for delivering those materials to the other liable parties and authorized users. Notice to any of you will be considered notice to all of you. You may allow authorized users on your account in the following ways: (1) by notifying us that you want someone added to your account as an authorized user- (2) by lending your card or account number to another; or (i3) by any other ways in which you would be legally considered to have allowed another to use your account or to be legally prevented from denying that you did so. You must think carefully before you allow anyone to become. an authorized user. By doing so, you authorize the person to use your account to the same extent you can including but not limited to makin any purchases, cash advances, balance transfers and allowing others to use your account. Your account does not permit you to limit the nature or amount of authority you give to any authorized user and you will not attempt to do so. An authorized user's authority will continue until you both notify us that you are terminating the authority and you physically retrieve the card. If you cannot retrieve the card, you will remain liable for any transactions that we cannot prevent after you notify us. YOUR PROMISE TO PAY You promise to pay us the amounts of all credit you obtain, which includes all Purchases, Cash Advances, and Balance Transfers. You also promise to pay us all the amounts of finance charges, fees, and any other transactions we charge to your account. If a bank branch or office sponsors your account, you promise to pay it any unpaid account balance it pays us within 30 days. PAYMENTS ON YOUR ACCOUNT You must pay each month at least the Total Minimum Payment Due shown on your monthly statement by its Payment Due Date. Your Payment Due Date may vary from month to month. Payments must conform to the requirements set out on that monthly statement; these requirements may vary without prior notice. 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 affectyour obligation to make the next Total Minimum Payment Due. If you overpay or if there is a credit balance on your account, we will not pay interest on such amounts. We will reject pa eats that are not drawn in U.S. dollars and those drawn on a financial institution located outside of the United States. We reserve the right to reect any payment if your account has a credit balance as of ihe. day we receive that payment. Generally, credits to your account, such as those generated by merchants or by person-to-person money transfers are not treated as payments and will not reduce your Ntal Minimum Payment Due. ACH PAYMENTS We process most payment checks electronically. We use the information on our check to create an electronic funds transfer. Each time you send a check, you authorize a one-time electronic funds transfer. You also authorize us to P rocess your check as a check or paper draft, as necessary. unds may be withdrawn from your account as soon as the same day we receive your payment. You will not receive your cancelled check because we are required to destroy it. We will retain an electronic copy For more information or to stopp the conversion of your checks into electronic funds transfers, call us at the phone number listed on the front of your monthly statement. You may also write to us at: P.O. Box 15019, Wilmington, DE 19850-5019. TOTAL MINIMUM PAYMENT DUE You may pay your total outstanding balance at any time. 'u J , ..continued) Each billing cycle, you must pay at least the Total Minimum elect to honor it upon presentment or return it uncredited Payment Due shown on our monthly statement by its to the person that presented it, without in either case Payment Due Date. The Total Minimum Payment Due is waitinfor the date shown on the check. We are not liable the sum of all past due amounts plus the Current Payment. to you-for any loss or expense incurred by you arising out of The Current Payment for each billing cycle includes three amounts: (1) 1.00% of your balance (your New Balance Total except for any new Periodic Rate Finance Charges, and Late Fee), and (2) new Periodic Rate Finance Charges, and (3) new Late Fee. Generally, the lowest it will be is $15.00. We round the payment amount down to the nearest dollar. If a payment is credited to your account but is returned. un aid in a later billing cycle we will recalculate the otal Minimum Paymen Due for the billing cycle in which the payment was originally credited. WHEN YOUR PAYMENT WILL BE CREDITED TO YOUR ACCOUNT We credit payments as of the date received, if the payment is: (1) received by 5 p.m. Eastern time; (2) received at the address shown in the upper left-hand corner of the front of your monthly statement; (3) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar none order; and (4) sent in the return envelope with only the op portion of your statement accompanying it. Payments received after 5 p.m. Eastern time on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. days. for any other payments may be delayed up to five HOW WE ALLOCATE YOUR PAYMENTS We will allocate your payments in the manner we determine. In most instances, we will allocate your payments to balances (including transactions made after your latest statement) with lower APRs before balances with higher APRs. This will result in balances with lower APRs (such as new balances with promotional APR offers) being paid before any other existing balances. Esau ?- PROMISE TO PAY APPLIES TO ALL PERSONS All persons who initially or subsequently request, accept, reesspoonsible f rsathe otal outsttaandn? baulaannce. Iff youetaned one. or more persons are responsible to pay any total outstanding balance we may refuse to release any of you from liabiliy until ail of the cards, access checks and other credit devices outstanding under the account 'lave been returned to us and you repay us the total outstanding balance owed to us at any time under the terms of this Agreement. DEFAULT You will be in default of this Agreement if: (1) _you fail to make any required Total Minimum Payment Due by ita Payment Due Date; (2) your total outstanding balance exceeds your credit limit; or (3) you fail to abide by any other term of this Agreement. Our failure to exercise any of our rights when you default does not mean that we are unable to exercise those rights upon later default. WHEN WE MAY RE%UIRE IMMEDIATE REPAYMENT If you are in default, en in addition to our other remedies under this Agreement, we can require immediate ayinent of your total outstanding balance and, unless prolufited by applicable law and except as otherwise provided under the Arbitration and Litigation section of this Agreement, we can also require you to pay the costs we incur in any collection proceeding, as well as reasonable attorneys' fees if we refer your account for collection to an attorney who is not our salaried employee. OTHER PAYMENT TERMS We can accept late payments, partial ayments, or payments with any restrictive writing withoullosing any of our rights under this Agreement. This means that no payment, including those marked with " aid in full" or with any other restrictive words, shall operate as an accord and satisfaction without the prior written approval of one of our senior officers. You may not use a postdated check to make a payment. If you do postdate a payment check, we may the action we elect to take. PAYMENT HOLIDAYS AND REDUCED PAYMENT OFFERS We may allow you, from time to time, to omit a monthly payment or make a reduced payment. We will notify ou when these options are available. If you omit a payment or make a reduced payment, finance charges applicable fees, and other regular transactions, if any, will accrue on your account balances in accordance with this Agreement. The reduced payment amount may be less than your finance charges. You must make the reduced payment on time to avoid a late fee. You must resume making your regular Total Minimum Payment Due each month following a payment holiday or reduced payment offer. WHAT WE MAY DO IF YOU ATTEMPT TO EXCEED YOUR CREDIT LIMIT The total outstanding balance on your account plus authorizations at any time must not be more than your credit limit. If you attempt a transaction which results in your total outstanding balance (plus authorizations) exceeding your credit -limit, we may: (1) permit the transaction without raising your credit limit; (2) permit the transaction and treat the amount of the transaction that is more than the credit limit as immediately due; or (3) 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 refused. If we refuse to permit a Check Cash Advance or Balance Transfer we may do so by advising the person resenting the Bieck Cash Advance or Balance Transfer hat credit has been refused that there are insufficient funds to pay the Check Cash ?kdvance or Balance Transfer, or in any other manner. If we have previously permitted you to exceed your credit limit, it does not mean that we will permit you to exceed your credit limit again. If we decide to permit you to exceed your credit limit which could trig or a promotion turn-off event, we may ajso charge an Overlimit Fee as provided in this Agreement. WE MAY AMEND THIS AGREEMENT We may amend this Agreement at any time. We may amend it by addia deleting, or changing provisions of this Agreement. ?e may increase or decrease any or all of your APRs. We may increase any or all of your APRs to rates which exceed the Default Rate. When we amend this Agreement we will comply with the applicable notice requirements of federal and Delaware law that are in effect at that time. The amended Agreement (including any higher rate or other higher charges or fees) will apply to the total outstanding balance, including the balance existing before the amendment became effective. If an amendment gives ou the opportunity to reject the change, and if you reject he change in the manner provided in such amendment, we may terminate your right to receive credit and may ask you to return all credit devices as a condition of your rejection. We may replace your card with another card at any tune. WE MAY SUSPEND OR CLOSE YOUR ACCOUNT We may suspend or close your account or otherwise terminate your right to use your account. We may do this at any time and for any reason. Your obligations under this Agreement continue even after we have done this. You must destroy all cards, access checks or other credit devices on the account when we request. YOU MAY CLOSE YOUR ACCOUNT You may close your account by notifying us in writing or by telephone, and destroying all cards, access checks or other credit devices on the account. Your obligations under this Agreement continue even after you have done this. TRANSACTIONS AFTER YOUR ACCOUNT IS CLOSED When your account is closed, you must contact anyone authorized to charge transactions to your account, such as internet service providers, health clubs or insurance companies. These transactions may continue to be charged to your account until you change the billing. Also, if we believe you have authorized a transaction or are attemptinto use your account after you have requested to close the- account, we may allow the transaction to be charged to your account. REFUSAL TO HONOR YOUR ACCOUNT We are not liable for any refusal to honor your account. This can include a refusal to honor your card or account number or any check written on your account. We are not liable for any retention of your card by us, any other financial institution, or any provider of goads or services. HHOOEWCgYOU MAY STOP PAYMENT ON AN ACCESS 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 MAY NOT POSTDATE AN ACCESS CHECK You may not issue a postdated access check on your account. If you do postdate an access check, we may elect to honor it upon presentment or return it unpaid to the person that presented it to us for payment, without in either case waiting 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. TRANSACTIONS MADE IN FOREIGN CURRENCIES If you make a transaction in a foreign currency, the transaction will be converted by Visa International or MasterCard International, depending on which card you use, into a U.S. dollar amount in accordance with the operating regulations or conversion procedures. in effect at the time the transaction is processed. Currently, those regulations and procedures provide that the currency conversion rate to be used is either (1) a wholesale market rate or (2) a government-mandated rate in effect one day prior to the processing date. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or posting date. r you certain benefits and services with your benefits or services are not a part of this Jut are subject to the terms and restrictions the benefits brochure and other official rovided to you from time to time by or on nk of America. While any benefits or services the previous sentence are not a part of this 'ny claim or dispute related to any such benefit all be subject to the Arbitration and Litigation is Agreement. We may adjust, add, or delete services at any time and without notice to you. WE MAY SELL YOUR ACCOUNT We may at any time, and without notice to you, sell, assign or transfer your account, an sums due on your account, this eement, or our rights or obligations under your accounfror this Agreement to any person or entity. The person or entity to whom we make any such sale, assignment or transfer shall be entitled to all of our rights andlor obligations under this Agreement, to the extent sold, assigned or transferred. YOU MUST NOTIFY US WHEN YOU CHANGE YOUR ADDRESS We strive to keep accurate records for your benefit and ours. The post office and others may notify us of a change to your address. When you change your address, you must notify us promptly of your new address. WHAT LAW APPLIES This Agreement is made in Delaware and we extend credit to you from Delaware. This AggrrIement is governed by the laws of the State of Delaware twthout regard to its conflict of laws principles) and by any applicable federal laws. n THE PROVISIONS OF THIS AGREEMENT ARE SEVERABLE If any provision of this Agreement is found to be invalid, the remaining provisions will continue to be effective. OUR RIGHTS CONTINUE Our failure or delay in exercising any of our rights under this Agreement does not mean that we are unable to exercise those rights later. UNAUTHORIZED USE OF YOUR CARD Please notify us immediately of the loss, theft or possible unauthorized use of vour account at 1.800.789.8701 _ ARBITRATION AND LITIGATION This Arbitration and Liti ation provision applies to you unless you were given he opportunity to reject the Arbitration and Litigation rovisions and you did so reject them in the manner and =frame required. If you did reject effectively such a provision, you agreed that any litigation brought by you against us regarding this account or this A.ggrreement 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 assigns of the other, arising from or relating in any way to this Agreement or 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 relief), shall, upon election by either you or us, be resolved by binding arbitration. The arbitrator shall resolve any Claims, including the applicabilit of this Arbitration and Litigation Section or the validity of the entire eement or any nor Agreement, exceppt?€or any Claim chall"enng the validity of the Class Action?Vaiver, which shall be decided by a court. In addition, we will not, choose to arbitrate an individual Claim that you bring against us in small claims court or an equivalent, court, if any. But if that Claim is transferred, removed or appealed to a different court, we then have the right to choose arbitration. Arbitration shall take place before a single arbitrator and on an individual basis without resort to any form of class action. Arbitration may be selected at any time unless a s Ntanti alp rendered the delay in otherparty arbbiit ation prejudice Y Y i g effect at the time the Claim is filed. Rules and forms of the National Arbitration Forum may be obtained and Claims may be fled at any National Arbitration Forum office, www.arb-forum.com, or P.O. Box 50191, Minneapolis, Minnesota 55405, telephone 1-800-4742371. If the NAF is unable or unwilling to act as arbitrator, we may substitute another nationally recognized, independent arbitration organization that uses a snmlar code of procedure. At your written request, we will advance any arbitration filing fee, administrative and hearing fees which ou are required to pay to pursue a Claim in arbitration. -The arbitrator will decide who will be ultimately responsible for raying those fees. If you file a claim against us, in no evewill you be required to reimburse us for any arbitration filing administrative or hearing fees in an amount greater than what your court costs would have been if the Claim had been resolved in a state court with jurisdiction. Any arbitration hearing at which you appear will take place within the federal judicial district that includes your billing address at the time the Claim is filed. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be overned by the Federal Arbitration Act, 9 U.S.C. $f 1-16 'FAA"). Judgment upon any arbitration award may be entered in any court having I (continued) urisdiction. The arbitrator shall follow existing substantive automatically from your savings or checking account with ?aw to the extent consistent with the FAA and applicable us, you can stop the payment on any amount you think is statutes of limitations and shall honor any claims or wrong. To stop the payment your letter must reach us three privile a recognized by law.. If any party requests, the business days before the automatic payment is scheduled to arbitraKor shall write an opinion containing the reasons for occur. the award. No Claim submitted to arbitration is heard by a 'ury or may be brought as a class action or as a privag attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim submitted to arbitration (Class Action Waiver). The parties to this Agreement acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from this agreement to arbitrate Claims. If the Class Action Waiver is limited, voided or found unenforceable, then the parties' agreement to arbitrate (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the lmiitation or invalidation of the Class Action Waiver. The Parties acknowledge and agree that under no circumstances will a class action be arbitrated. 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, i? "we" and "us" means FIA Card Services, N.A., its parent, subsidiaries affiliates, licensees, predecessors successors, assigns, and any purchaser of your account, anA 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 connection with the account (mciuding but not limited to credit bureaus merchants that accept any credit device issued under tie account, rewards or enrollment services, credit insurance companies, debt collectors and all of their officers directors, employees and agents) if, and only if, such a third party issgna me u by you as a co-detiendant in any Claim you assert AND AGREE THAT IF LI'1IUNI'IUN FILED IN COURT AS OTHERWISE PROVIDED . MUST BE RESOLVED THROU YOU OR WE ELECT TO ARBITI YOUR BILLING RIGHTS Keep This Notice for Future Use-This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notifyy? Us in Case of Errors or Questions About Your Bill: If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a se arate sheet (or use a copy of the form provided on your bill) at Bank of America Corporation, P.O. Box 15026, Wilmington, DE 19850. Write to us as soon as possible. Do not send the notice on or with your payment. We must hear from you no later than 60 days after we sent you the first bill on which the transaction or error appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the followinngg information: (1) your name and account number; (2) the dollar amount of the suspected error. (3) the posting date of the transaction in question; and (4 a description of the error and an lanation, if you can, ofl why you believe there is an error. If you need more information, describe the item you are not sure about. If you have authorized us to pay your credit card bill Your Rights and Our Responsibilities After We Receive Your Written Notice: We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question or report you as delinquent. We can continue to bill you for the amount you question, includin finance charges, and we can ap ly any unpaid amount t against your credit limit. You do not have to pay any questioned amount while we are investigatingg, but you are ' still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to ppa?y any fmance charges related to any questioned amount. 7f we did not make a mistake, you may have to pa finance charges, and ou will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within twenty-five (25).days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill, andpwe must tell you the name of anyone we report you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we do not follow these rules, we cannot collect the first $50 of the questioned amount, even if your bill was correct. Special Rule for Credit Card Purchases: If you have a problem with the uality of the property or services that you purchased wit a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to ay the remaining amount due on the roperty or services. There are two limitations on this righ? (1) You must have made the purchase in our home state or, if not within your home state, within miles of your current mailing address; and (2) The purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. 02007 Bank of America Corporation. All rights reserved AFFIDAVIT OF CLAIM AND CERTIFICATION OF DEBT STATE OF NORTH CAROLINA ) CITY OF GREENSBORO ) Bank of America, N.A. Accountholder: Account No.: 4313512993980729 The undersigned, Dennis Maracjea being duly sworn, states and deposes as follows: 1. That Affiant is employed by Bank of America, N.A. in the position of Bank Officer and is duly authorized to make this affidavit. 2. That the statements made in this Affidavit are based on the computerized and hard copy books and records of Bank of America, N.A. which are maintained in the ordinary course of business, with the entries in them having been made at or near the time of the transaction recorded. 3. That account number 4313512993980729 was opened on 7/30/1999 by MARY E APPLEBY. 4. That there is due and payable the sum of $9,021.16 not withstanding legally chargeable post charge-off interest, pursuant to the terms of the card member agreement with Bank of America, N.A. 5. As a result of the sale of said account; on 5121/2007, CACIL LLC and/or its authorized agent, has complete authority to collect, settle, adjust, compromise and satisfy same that Bank of America, N.A. had no further interest in this account for any purpose. 6. That to the best of Affiant's knowledge, information and belief, there were no uncredited payments, just counterclaims or offsets against said debt when sold. FURTHER AFFIANT SAYETH NOT. DATED THIS - day of 1 .2008 BANK OF AMERICA, N.A. By: kAl--? Bank Officer Subscribed and sworn to before me this day of JAN I t 3 2009 My commission expires: Notary Seal Notary Public e., EXHIBIT A BankofAmerica BILL OF SALE FIA Card Services N.A. (USA) ("Seller"), for value received and pursuant to the terms and conditions of a Account Sale Agreement ("Agreement") between Seller and CACH, LLC (`Buyer'), dated March 30, 2007, does hereby sell, assign and convey to Buyer, its successors and assigns, all right, title and interest of Seller in and to those certain Accounts as defined in the Agreement and as set forth on Exhibit B, without recourse and without representation of or warranty of collectibility, or otherwise, except to the extent provided for within the Agreement. EXECUTED this 30th day of May, 2007. FIA Card Services N.A. (USA) i ? By: ? Debra L. Pellicciaro. Assistant Vice President ACKNOWLEDGMENT STATE OF tJdv1,?,? • COUNTY OF SS This instniment was acknowledged beforeme one by -?, El~ GZLe,- as j 9- of FIA Card Services N.A. (USA) Signature of v My Commission Expires: Z!? PalueNOIARYFU111C Sara Hl' C0VV1$S1 EXPIRES rt Tr*ff 4 ml Fax;3M.45s.U4M Bank of America. Mad Sales Deerfield N, Bas Paper Mill Read, Newark. DR MU R" d NP" VERIFICATION q'SiCA qII-MIR 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 APPLEBY, MARY E owes the balance of $8,841.16 to CACH, LLC on previously submitted invoices, which balance is due and unpaid as of 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 unswom falsification to authorities. Dated: APR 0 7 2009 (PA 6.15.08) 0 F(i L• j y PP A"I'tY CO a.o33 V4 aas i/v Sheriffs Office of Cumberland County R Thomas Kline Sheriff 7 E ?"ERIFF f LEC--C Yi' CC OF THE PPO"'P?! AOTARY 2009 JUL 23 Ad 9:48 cuw' , ; Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Cach, LLC vs. Mary E. Appleby Case Number 2009-4766 SHERIFF'S RETURN OF SERVICE 07/18/2009 08:31 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 18, 2009 at 0831 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Mary E. Appleby, by making known unto herself personally, defendant at 1061 Allendale Road Apt. E Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 July 20, 2009 SO ANSWER'S,, R THOMAS KLINE, SHERIFF Deputy Sheriff Harrison Ross Byck, Esq., P.C. Attorney I.D. No. 61511 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 1-888-275-6399H (215) 428-0666 CACH, LLC. Plaintiff(s), Vs. MARY E APPLEBY COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2009-4766 PRAECIPE 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), MARY E APPLEBY, for failure to answer or otherwise respond to the Complaint in Civil Action. The Complaint was served upon the defendant(s) on *JULY 18, 2009*. 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) MARY E APPLEBY by regular United States mail, postage paid, on AUGUST 18, 2009, is attached hereto as Exhibit "B". Assess damages in the amount of $ 10772.10 as follows: [a] $ 8821.16 principal being sought in the Complaint; [b] and $ 182.71 interest being sought in the Complaint; [c] and reasonable attorney's fees of $ 1768.23, or $ 150.00 per hour, [d] and Court Costs of $ 0.00, [e] and Costs of Service of $0.00. Date: September 16, 2009 By: Allan C. Smith, Esq. Attorney I.D. No. 204756 Sheriffs Office of Cumberland County R Thomas Kline Sheri aatr of ?Cumbrrl Ronny R Anderson Chief Deputy ?o ,??,? 4 r y Jody S Smith Civil Process Sergeant OFFICE OF rME SHERIFF Edward L Schorpp Solicitor Cach, LLC vs Case Number . Mary E. Appleby 2009-4766 SHERIFF'S RETURN OF SERVICE 07/18/2009 08:31 AM - Noah Cline, Deputy Sheriff, who being duly swom according to law, states that on July 18, 2009 at 0831 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Mary E. Appleby, by making known unto herself personally, defendant at 1061 Allendale Road Apt. E Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 July 20, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Deputy Sheriff Harrison R. 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 the Plaintiff CACH, LLC. Plaintiff, VS. MARY E APPLEBY COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 2009 - 04766 NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO: MARY E APPLEBY 1061 ALLENDALE RD APT E MECHANICSBURG, PA 17055 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: August 18, 2009 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: 2009-4766 VS. ) MARY E APPLEBY 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 MARY E APPLEBY by United States mail, postage prepaid and certified mail, on AUGUST 18, 2009 at his/her last address of: 1061 ALLENDALE RD APT E MECHANICSBURG, PA 17055 Date: September 16, 2009 By: Allan C. Smith, Esq. Attorney I.D. No. 204756 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 CACH, LLC. Plaintiff, VS. MARY E APPLEBY Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2009-4766 CERTIFICATION OF NON-MILITARY SERVICE I, ALLAN C. SMITH, ESQ. of full age, certifies as follows: 1. 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 MARY E APPLEBY. Our latest information is that the defendant is employed at UNKNOWN. 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. 5. This certification is taken subject to the penalties of 18 PaCSA 4904 relating to unswom falsification to authorities. Date: September 16, 2009 By Allan C. Smith, Esq. Attorney I.D. No. 204756 Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act 1W Page 1 of 1 SEP-15-2009 11:43:55 'K Last Name First/Middle Begin Date Active Duty Status Service/Agency APPLEBY MARY E Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. 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 Military. A 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 Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly 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 active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further 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 current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: htV.//w ww.defen eelink.mil/faa/ rp'stPCQ9SLDR.htrnl WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: BLNNIXMXBTC https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 9/15/2009 Harrison Ross Byck, Esq., P.C. Attorney I.D. 61511 229 Plaza Blvd. Suite 112 Morrisville, PA 19067 1-888-275-6399 H (215) 428-0666 Attorney for Plaintiff CACH, LLC. vs. Plaintiff, ) COURT OF COMMON PLEAS CUMBERLAND COUNTY MARY E APPLEBY Defendant(s). ) NO: 2009-4766 To: MARY E APPLEBY 1061 ALLENDALE RD APT E MECHANICSBURG, PA 17055 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: wZ,?; 0 X Judgment by Default - 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 n FLED-?:;??=i?? F THE OjAF?Y 2009 OCT -8 PFD 3: 2 7 CllP?;r ; .z 31.3`7 eL .1 6iLS-,,' Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor _ FILED-OF- FICE ?. V:1 1: f I i 1 t +r ?11111 J -6 AM 9: 28 ';IMBERLANO (.u)U3`41., Cach, LLC Case Number vs. Mary E. Appleby 2009-4766 SHERIFF'S RETURN OF SERVICE 06/02/2010 04:15 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on June 2, 2010 at 1545 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Mary E. Appleby, by making known unto Mary Appleby, at 1061 Allendale Road, Apt. E, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and 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 06-03-10. 01/05/2011 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. SHERIFF COST: $72.69 January 05, 2011 SO ANSWERS, o'Z RON R ANDERSON, SHERIFF 8y aron R. Lant v. g6 ??- eke' 79933 R-0- C2533L/-06 SHERIFF'S OFFICE OF CUMBERLAND COUNTY (c; CountySu to S..^.e!iff. Teleoso+t. 1 nc. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-4766 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CACH, LLC, Plaintiff (s) From MARY E. APPLEBY, 1061 Allendale Road, Apt E, Mechanicsburg, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all property . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $10,772.10 L.L. $.50 Interest from 10/8/09 Atty's Comm % Due Prothy $2.00 Atty Paid $156.00 Other Costs Plaintiff Paid Date: 5/6/10 D id uell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name ALLAN C. SMITH, ESQUIRE Address: HARRISON ROSS BYCK, ESQUIRE, PC 229 PLAZA BLVD - SUITE 112 MORRISVILLE, PA 19067 Attorney for: PLAINTIFF Telephone: 1-888-275-6399 Supreme Court ID No. 61511