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HomeMy WebLinkAbout09-5554r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH. LLC. VS. NO: U 9 - ?? sy Ctcx ?f ?cc,? LAUREANO PORTILLA JR 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 S. MONACO STREET DENVER, CO 80237 Plaintiff, VS. LAUREANO PORTILLA JR 413 W NORTH ST CARLISLE, PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 0 9 - -TS5 y ezt?V 7Z- COMPLAINT To: LAUREANO PORTILLA JR 413 W NORTH ST CARLISLE, PA 17013 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 provisioner 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 ESCRTTA 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 LAUREANO PORTILLA JR, avers the following: 1. Plaintiff, CACH, LLC., is a Colorado limited liability company doing business at 4340 S. Monaco Street, DENVER, CO 80237. 1. Defendant, LAUREANO PORTILLA JR, is an individual residing at 413 W NORTH ST, CARLISLE, PA 17013. 2. The claims raised in the complaint are subject to an agreement to submit these claims to arbitration. <Exhibit C> 3. Defendant, LAUREANO PORTILLA JR, is indebted to BANK OF AMERICA, N.A. on an account stated by and between them in the amount of $2,809.95 which balance was due and unpaid as of February 28, 2008, for credit card account number 4888937992763534. <Exhibit A> 4. On or about March 12, 2008, BANK OF AMERICA, N.A. sold the debt for good and valuable consideration to plaintiff, CACH, LLC. <Exhibit B> 5. The Defendant, Laureano Portilla Jr, last tendered a payment on October 25, 2007. 6. A copy of the credit card agreement is attached hereto. <Exhibit C> 7. Plaintiff is entitled to charge-off account finance charges of $0.00. <Exhibit A> 8. Plaintiff is entitled to pre-litigation charge-off interest of $2.4243 per day from the default date ( 31.490% annual percentage rate x $2,809.95 / 365 days) or $2.4243 x 496 days = $1,202.43; 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 $561.99 as stated in the Cardholder Agreement attached hereto as <Exhibit C>. 9. The defendant, being indebted to the plaintiff in the sum of $4,752.87 upon the account stated by and between them did promise to pay said sums upon demand. Demand has been made for payment of $4,752.87 and the defendant has failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendant for $4,752.87 together with other interest and costs of suit. Date: July 21, 2009 EXHIBIT A P-paredfor LAUREANO PORTILLAJR 4888 9361 2469 1092 February 2008 Statement Credit Line: $2,000.00 Cash or Credit Avai/able: Summary of Transactions Billing Cycle and Payment Information Previous Balance $2,702.35 Days in Billing Cycle 29 Payments and Credits $0.00 Closing Date 02/16/08 Cash Advances + $0.00 Purchases and Adjustments + $39.00 Payment Due Date 03/12/08 Periodic Rate Finance Charges + $68.60 Current Payment Due $134.00 Transaction Fee Finance Charges + $0.00 Past Due Amount + $773.00 Total Minimum New Balance Total $2,809.95 Payment Due ..r ° £ OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE Posting Transaction Reference Account Purchases and Adjustments Date Date Number Number Category Amount LATE FEE FOR PAYMENT DUE 02/12 02/12 02/12 2702 C 39.00 Corresponding Annua/ Balance Subject to Category Periodic Rate Percentage Rate Finance Charge Cash Advances A. Balance Transfers, Checks 0.086273% DLY 31.49% $0.00 B. ATM, Bank 0.086273% DLY 31.49% $74.49 C. Purchases 0.086273% DLY 31.49% $2,644.60 D. Other 0.086273% DLY 31.49% $22.90 Annual Percentage Rate for this Billing Period: 31.490A (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges.) Periodic Rate May Vary YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS 16 0028099500090700000045000004888936124691092 Check here for a change of mailing address or phone number(s). BANK OF AMERICA Please provide all corrections on the reverse side. P.O. BOX 15726 , WILMINGTON, DE 19886-5726 1111i18111i17ACCOUNTNUMASER.• 4888 9361 2469 1092 LAUREANO PORTILLA JR 413 W NORTH ST CARLISLE PA 17013-2221 137 NEW BALANCE TOTAL: $2,809.95 PAYMENT DUE DATE.• 03/12/08 BankofAmerica Ito* For Information on YourAccount Visit www.bankofamerica.com Call toll-free 1 800-789-6685 TDD hearing-impaired 1-800 346-3178 Mail Payments to: BANK OF AMERICA P.O. BOX 15726 WILMINGTON, DE 19886 5726 Mail Billing Ingurries to: BANK OF AMERICA P.C. BOX 15026 WILMINGTON, DE 19850-5026 EMS. Paym«xAmot" Endo -d Ma# this payment coupon along with a check or money order payable to: BANK OFAMERICA 1:524022250II: 1287612469L0920 w U3 0 N P-aaredfor. LAUREANO PORT[ LLAJR March 2008 Statement Credit Line: $0.00 4888 9361 2469 1092 Cash or Credit Available: Summary of Transactions Billing Cycle and Payment Information Previous Balance $2,809.95 Days in Billing Cycle 32 Payments and Credits $2,809.95 Closing Date 03/19/08 Cash Advances + $0.00 Purchases and Adjustments + $0.00 Payment Due Date 04/13/08 Periodic Rate Finance Charges + $0.00 Current Payment Due $0.00 Transaction Fee Finance Charges + $0.00 Past Due Amount + $0.00 New Balance Total $0.00 Total Minimum Payment Due Ge ° BankofAmedca Forlnformadon on YourAccount Uisit www.bankofameri'ca.com Call tollfree 1 800789-6685 TDD hearing impaired 1-800 346-3178 Mail Payments to: BANK OF AMERICA P.O. BOX 15715 WILMINGTON, DE 19886-5715 Mail Biffing inguiries to: BANK OF AMERICA P.O. BOX 15026 WILMINGTON, DE 19850-5026 Posting Transaction Reference Account Payments and Credits Date Date Number Number Category Amount CHARGE OFF ADJUSTMENT 02/29 2,809.95CR Corresponding Annual Balance Subject to Category Periodic Rate Percentage Rate Finance Charge Cash Advances A. Balance Transfers, Checks 0.000000% IDLY 0.00% $0.00 B. ATM, Bank 0.000000% IDLY 0.00% $0.00 C. Purchases 0.000000% IDLY 0.00% $0.00 D. Other 0.000000% IDLY 0.00% $0.00 Annual Percentage Rate for this Billing Period: See Corresponding (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges.) Annual Percentage Rate Above THANK YOU FOR YOUR PAYMENT. YOUR ACCOUNT WILL NO LONGER BE SUBJECT TO THIS DEFAULT RATE UPON RECEIVING THE MINIMUM PAYMENT DUE ON-TIME FOR SIX CONSECUTIVE MONTHS WITHOUT GOING OVERLIMIT. PAYMENTS BY PHONE WILL BE MADE ELECTRONICALLY. YOU MAY AUTHORIZE AN ELECTRONIC PAYMENT BY PROVIDING THE AMOUNT, DATE, YOUR BANK ACCOUNT NUMBER, AND SECURITY INFORMATION. A FEE MAY APPLY. TO CANCEL, CALL US BEFORE THE SCHEDULED PAYMENT DATE. SAME-DAY PAYMENTS CANNOT BE EDITED OR CANCELED. PLEASE KEEP THESE TERMS. 16 0000000000000000000045000004888936124691092 Check here for a change of mailing address or phone number(s). BANK OF AMERICA Please provide all corrections on the reverse side. P.O. BOX 15715 WILMINGTON, DE 19886-5715 1 111 11111 11111 11111 11111 11111 1111111111 11 111 I,111111 ACCOUNT NUMBER• 4888 9361 2469 1092 NEW BALANCE TOTAL: $0.00 PAYMENT DUE DATE.• 04/13/08 LAUREANO PORTILLA JR 413 W NORTH ST CARLISLE PA 17013-2221-137 Entar flymsMAmaxrt 6rda?sd' Mail this payment coupon along with a check or money order payable to: BANK OF AMERICA CD o_ ro 1:5 240 2 2 2 501: 1213 7 6L2L, 6911092no MEX/G4Nf1 T Prepared for.• LAUREANO PORTILLA JR 4888 9379 9276 3534 March 2008 Statement Credit Line: $0.00 Cash or Credit Available: BankofAmenka ga www.bankofamerica.com Summary of Transactions Billing Cycle and Payment Information --7476 Call toll-free 1 snod TDD hearing-impairered 1-800-222-7365 Previous Balance $2,809.95 Days in Billing Cycle 40 Mail Payments to., Payments and Credits - $2,809.95 Closing Date 03/27/08 BANK OF AMERICA Cash Advances + $0.00 P.O. BOX 15719 Purchases and Adjustments + $0.00 Payment Due Date 04/21/08 WILMINGTON, DE 19886-5719 Periodic Rate Finance Charges + $0.00 Current Payment Due $0.00 Mail Billinglnquiriesto: Transaction Fee Finance Charges + $0.00 Past Due Amount + $0.00 BANK OF AMERICA Total Minimum P.O. BOX 15026 New Balance Total $0.00 Payment Due WILMINGTON, DE 19850-5026 Posting Transaction Reference Account Payments and Credits Date Date Number Number Category Amount ZERO CURBL ON SOLD ACCT 03/07 03/07 2,809.95 CR Purchases and Adjustments +TRANS FROM 4888936124691092 2,809 03/27 03/27 0.00 SEE, 9±. Category Periodic Rate Corresponding Annual Percentage Rate Balance Subject to Finance Charge Cash Advances A. Balance Transfers, Checks 0.000000% IDLY 0.00% $0.00 B. ATM, Bank 0.000000% DLY 0.00% $0.00 C. Purchases 0.000000% DLY 0.00% $0.00 D. Other 0.000000% IDLY 0.00% $0.00 Annual Percentage Rate for this Billing Period: See Corresponding (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges.) Annual Percentage Rate Above 23 0000000000000000000045000004888937992763534 Check here for a change of mailing address or phone nun>ber(s). BANK OF AMERICA Please provide all corrections on the reverse side. P.O. BOX 15719 WILMINGTON, DE 19886-5719 1111111111111111111 11111.. III WIN IIIII 11111 11111 111 LAUREANO PORTILLA JR 413 W NORTH ST CARLISLE PA 17013 2221 137 ACCOUNT NUMBER.• 4888 9379 9276 3534 NEW BALANCE TOTAL: $0.00 PAYMENT DUE DATE: 04/21/08 Errs Iayms?Amarrt 6ic/owsat Mail this payment coupon along with a check or money order payable to: BANK OF AMERICA 1:5 2 40 2 2 2 50II: 1213 7799 276353Lon' T m o_ N EXHIBIT B CERTIFICATE OF PURCHASE WfiN DY D. JAV KSONeby 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: PORULLA JR, LAUREANO Original Creditor: BANK OF AMERICA, N.A. Account Number: 4888937992763534 3. On or about March 12, 2008 this account was sold by the original creditor. CACH, LLC is the current owner of the account and purchased the account for g o o d a n d v a l u a b l e c o n s i d e r a t i o n. Date: MAY 1 By: MAY 1 1 2009 Sworn and subscribed to before me this day of , 2009. PA-NJ 1.30.09 - ,u.C S,<1T. ACJ L?G • Foy coL?P< My Commission -Expires 03/19/2012 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 limit some but not Merchant Services all marketing from all the Bank of America BA Merchant Services, LLC ga?ffiliated companies. Federal law also requires us to LaSalle Merchant Services, LLC limit mar eting from all the Bank of Ameia choice to 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 they 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. Beforeyyour choice to limit marketin offers expires, you will receive a renewal notice the 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=" 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 applq to marketing to individuals and not marketing to a business. To limit marketin offers, contact us at 800.374.2632 Effective October 1,008 Banks and Trust Companies Bank of America, N.A. 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 Company 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. w ?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 perso identifiable information about a consumer or a consumes current or former customer relationship with Bank of America. This policcyy is provided to you as required by the Federal Financial Privacy Law and applies to our companies identified in Section 7, Bank of America 1. Making the security of information a priority Keeping tnancial information secure is one of our most important responsibilities. We maintain physical, electronic and procedural safeguards to protect Customer Information. Appropriate employees are authorized to access Customer Information for business purposes only. Our employees are bound by a code of a hies that requires confidential treatment of Customer Information and are subject to disc* I' 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 categonzed in the following six ways: A. Identification Information - information that identifies vyyou, such as name, address, telephone number and Social \fww. ?.-L. - I_ a. r ppuca>;ion iLmormation - 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 cco sumesurymer report. Examples include credit score and credit E. information from Outside Sources - information from outside sources regar employment, credit and other relationships that will help 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 for 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 formation within Bank of America >rica is made . up of a number of companies, uicial 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, snanng 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 ,frepare 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. 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Please note that some of our own companies may provide marketing support and other services for us as well. with third parties (for customers we may snare identification Information, Transaction and Experience Information, as well as Other General Information erica redite?dlla cou t() and 2o Spox Gored Bank of at Bank of America, with selected t parties. 1. Credit card account information, whether co-branded or not may be shared with third parties. 2. Sponsored 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 milPoaa cnnvti".a charities. Sponsored Accounts may include deposit accounts or other banking services provided by Bank of America, such as a savinggss account co-branded with an automobile club. 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Call the institution to in writing PINs, or credit card 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". ?u • 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.com or call 1.877.322.8228. • If you think you have been a victim of identity theft or fraud, you may 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. Seeping 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. of America companies Xccyy Policy applies to the following Bank of America Ui r1at have consumer customer relationships: Trust Company of Delaware, N.A. ust Company, N.A. any of Delaware of America Consumer Card Services, LLC of America Credit Card Services, L.P. u' Alternative Advisors, Inc. of America Capital Advisors LLC of America Finance Services, Inc, of America Investment Advisors, Inc. of America Investment Services, Inc. Of America Securities LLC abia Management Advisors, LLC abia Management Distributors, Inc. abia Wanger Asset Management, L.P. Consulting Inc. co Capital Management, LLC ,dvisers, Inc. 'rust Hed Fund Management, Inc. Securities orp. Ridge Investment Advisors LLC rse Insurance Services, Inc. Banc of America Agency, LLC Banc of America Agency of Nevada Inc. Banc of America Agency of Texas,l'nc. Banc of America Insurance Services, Inc., dba Banc of America Insurance Agency Banc of America Corporate Insurance Agency, LLC General Fidelity Insurance Company General Fidelity Life Insurance Uompany Real Estate HomeFocus Services, LLC NationsCredit Financial Services Corporation For 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 rivecy. This police a lies to consumer customer relationelnps established in th:' United States and is effective January 1 2008. This notice constitutes the Bank of America I70 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 apple wenwilll comp yowith them witheregard to our information practices. For Nevada residents only. Nevada law requires that we For provide you with the following contact information: Bureau of Consumer Protection. Office of the Nevada Attorney General, 555 East Washington Street, Suite 3900, v Las Vefgaas, 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 place additional limits on sharing information about Vermont 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 Application 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 tolled 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 est6:? disponibles en espan-ol a travds 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 chFrUeer the terms of this OTHER TERMINOLOGY Agreement at any_ time, as described in the We will use the definitions described under the section section titled We May Amend is Agreement, heading Words Used O}?en In This Agreement or as WORDS USED OFTEN IN THIS AGREEMENT oterm in this therwise defined in this Agreement. If we use a capitalized "Access check" means a check we provide to you to obtain ddocume , menermt has the meaningnasthused mn your credit on your account. "Agreement" or "Credit Card Agreement" means this We use section headings (e.g., Wards Used Often In This document and any changes we make to this document from f? eference to organize this Agreement. The headings are time to time. purposes only. "APR" means the correspondin Annual Percentage Rate. You may USE YOUR ACCOUNT The APR corresponds to the Daily Periodic Rate ("DPR") Cash Advances ca d tin b of using cards, e Transfers, which is calculated by dividing the corresponding APR by checks, your account number, or other creel gdevieaccess 365. yy?? ny other person with au horizatiion forluse on thisuacc un pursuant to this Agreement. Balance ansf raCash Advances, a d Puurchasesp vpvhithau further notice in' certain instances of your default, as described in the section titled, Annual Percentage Rates "Foreign Transaction" means any transaction made in a foreign currency (including, for example, online purchases from foreign merchants). cycle when o you ewills not acccr°ue oPet odic R e F bill in 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 beginning of the billing cycle, which is the "Previous Balance." Then we Advances, pBaalance Traansfers, Purchas sn and A4justmens t and finance charges. "Pay in Full" or "Paid in Full" means payments and credits in a billing cycle totaling at least your previous billing m?ades etheBa lnce Total. In general, Pay in Full must be Period, y Payment Due Date in order to get a Grace means limited time introductory or on certain Balance Transfers, Cash sea at APRs that are lower thAT +},u ?p . - uiv-unai mares°) and may be jest to other conditions. Promotional offers ma also include limited time introductory or y transaction fees the ('Promotional Fees") wich mayrbe0Ni e or lower than e standard fees provided in the section titled Transaction Fee Finance C.hnrao? 'Balance Transfers, Cash Advanc s (sand P achases effect for "Well, "us" "our", and "FIACS" means PTA Card Services, NA, also fmmwn as Bank of America. "You" and "your" mean each and all of the ppe?rsons who are granted, accept or use an account we hold. 'Y also mean any other person who has guaranteed as and "your" this account, when used in the sections titled YouryContract With Us, We May Monitor And Record TelepAone Call and Arbitration and Litigation, and when used in each of the sections relating to payment of this account (e.g., Your "Balance Transfer" means a transfer of funds to another o creditor initiated by us at your request. A Balance Transfer t does not include a transaction that is otherwise a Cash Advance. Balance Transfers include Transaction Fees and ' adjustments associated with any Balance Transfer. t 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. ('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" (Le_, 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 ("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 number to: 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 M ? (continued) Fees and adjustments associated with any Purchase. WE= aaa? onai oamnces will be ilance and will get the or if applicable, the t6 Promotional O f'ar transaction (Fee: Min. CHARGE). 3.00% of each such gcLu-?alif? $10.00; Max. $99.00) (FINAN'Cl? 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 q ur total outstanding balance exceeds your credit limit oon an statement Closin Date. If a romotion turn-off event occurs then this motional Omer 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 LD H6BHKH7MC; The Promotional ANNUAL this CENTTAGE?RATEer ofs 1.99% (0 005452T. DPR). This Promotional Offer ap lies to Purchases each at least 500.00 (each an "eligible aransaction" for this Promotional 8ffer). This Promotional Offer applies to new eligible transactions beginning on June 9, 2008. If an eligible transaction posts to your account by August 11 2008 then this Promotional Offer Will apply to eligible transactions postmgg to your account throw your statement Closing Date in ?7anuary 2009 and this Promotional Offer will end on your statement Closin 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, 1008. This Promotional Offer may end at an 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 Closingg Date. If a promotion turn-off eve t occurs then this Promotional Offer will end as of the first day oi' that billing cycle. This means that this Promotional Rate will not be in effect in that hilii- ,..,,.,,. P Rate romotional Offer ID H6BHKH7MD: The Promotional ANNUAL this Promotional Offer ofs 1.99% (0 005452Yo DPR). transactions will get the Balance Transfer itransaction fee if ?oitCash A vaances andhChecBalance dvancees bearr'e?ng they qualify, for the Promotional Offer. this Promotional Offer ID (each an "eligible transaction" far Promotional Offer ID H6BHKH7MB: The Promotional than Promotional Offer). ADPR). L P RCEE °NTAGE?RA1TE ofs 1.99960 (0 O?b452W DPR}. This Promotional Offer applies to Balance Transfers Direct this Prom?ot?ionalvOffer ID each an ' el g bled transactlon?for this Promotional Offer). This Promotional Offer applies to new ell ble transactions beginning on May, 18, 2008. If an ell?'ble transaction posts to your account by your statement closing Date in August 9.9096 0.027 3% DPR). ° Balance Transfers: 2008 then this Promotional Offer will apply to eligible transactions postin 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 CIosin Date in august 2008, then the Promotional Offer will end on your statement Closing Date in Augguusst 2008. Check Cash Advances bearing Offer ID H6BHKH7MB and Direct Deposits which get this Promotional Offer will post to your sspp NTAGE account as Balance Transfers. RATE of 24.99%(0.068466% DPR). During the time in which you ma make Purchases: The Standard Rate for Purchase balances is a subject to the foldlowingiPromotional Fees: fyin theyuawii be corresponding ANNUAL PERCENTAGE RATE f ANNUAL PERCENTAGE RATES This section provides the Standard Rates, Default Rates and Promotional Dffers applicable to your account. Balance Transfers: The Standard Rate for Balance PERCENTAAGE RATE of 9.90%(0.p0271234 DPRANN-UAL ). Cash Advances: The Standard Rate for Cash Advance balances is a corre onding ANNUAL, PEACE Default Pricing: We may increase the APRs on all new and outstanding Balance Transfer Cash Advance, and Purchase balances up to the Default Rate, without wing you additional notice, each time you have two "default re-pricing events" in any twelve rolling consecutive billing cycles. A default re-pricinng event means: (1) you fail to make any Total Minimum Payment Due by its Payment Due Date; or (2) your total outstanding balance exceeds your credit limit at?any time in a billing cycle We may elect to set your APRs for Balance Transfer, Cash Advance and Purchase balances to different Default Rates. Default Rates are variable rates calculated using the Variable Default Rate formula with a margin of up to 23.99 nPreant- such APR incre billing cycle in occurs. With ei will a¢ain dete- event cycles. Agl Default Ratesr will MInain in consecutive bill in make each Total Minimum Payment Due by its Payment Due Date and do not exceed your credit limit for six consecutive billing cycles, starting with the first ban cycle after the Default rate is in effect. At that time we wWlower the margin for each of these variable APRs by at least two percentage points. These will be your new variable Standard Rates. Promotional Offers:. From time to time we may make Promotional Offers on certain new Balance Transfers Cash Advances, and Purchases. When a Promotional Offer ends, its Promotional Rates will terminate. Any Balance Transfer Cash Advance or Purchase balance subject to that Promoiional Offer will 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 "postia$ 4q _a Balance Transfer" and analifv f- +z,e u_..:_.:-__ This Promotional Offer applies to new eligible transactions beginning on June 13, 2008. If an a 'eible transaction posts to our account b? your statement Closing Date in August 2008 then this romotional Offer will ap Iy to eligible transactions posting to our account through your statement Closing Date in Maarch 2009 and this Promotional Offer will end on your statement Closing Date in March 2009. If an eligible transaction does not post to your account b your statement Closing Date in August 2098, then the Promotional Offer will end on your statement Closing Date in AMu??uusst 2008. Check Cash Advances bearing Offer ID H6BHKH7MD and Direct Deposits which get this During the time in which you may make qualif ''ng transactions under this Promotional Offer, they will be subject to the following Promotional Fees: Balance Transfers: 3.00% of each such qqual' n transaction (Fee: Min. $10.00; Max. $99.00) (FINACI$ CHARGE). tional Offer may end at any time if there is a turn-off event.' A promotion turn-off event that any Total Minim p An increase or decrease in the index will cause a corresponding increase or decrease in your variable rates on the first day of your 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 char es and have a higher Total Minimum Payment Due. If The TO Street Journal does not publish the U.S. Prime Hate, or i c angel a definition of the U.S. Prime Rate, we may, at our sole discretion, substitute another index. received by its Pa um Vine= Due is not CALCULATION OF PERIODIC RATE FINANCE outstanding balanceeexceds your credit tliamii on total Weecca elute Periodic Rate Finance Charges by multi 1 statement Closing Date. If a ?ppromotion turn-off event each Balance Subject to Finance Charge by is applicable occurs then this Promotional OfFer will end as of the first DPR and that result by the number of days in the billing day of that billing cycle. This means that this Promotional cycle. When Periodic Rate Finance Charges accrue on a Rate will not be in effect in that billing cycle. Balanceance in Tchargeransfsbecome er, Pramotional Offer ID H6BHKH7MF: The Promotional Transfer, Cash Advance or Purchase balance, thane f part that respective Balance Rate for this Promotional Offer is a correspondi Cash Advance, or Purchhase balance. ANNUAL PERCENTAGE RATE of 1.99% (0.00545112ng BILLING CYCLE DPR). Your billin ?ycycle ends each month on a Closing Date This Promotional Offer applies to Balance Transfers Direct determined Datus. f the billing ios tie begins on the day after Deposit Cash Advances and Check Cash Advances bearing s the tatement reflects a single billing cycleg cycle. Each monthly this Promotional Offer ID (each an "eligible transaction" for this Promotional Offer). This Promotional Offer applies to new ellgz'ble transactions beginning on July 13, 2008. If an eligible transaction posts to our account by your statement Closingg? Date in September 2008 then this Promotional offer 141 apply to eli¢ihla tranas..+;,.,.e -__- - wL" gnu on your statement Closin Date in If an eligible tranAantinr ri- _-, _-ff._ _ Promotional Offer will post to your account as Balance variable rates is 5.25% and was determined on June 30, Transfers. 2008. in Se tember 2008. Check av?u ash c,awinen Advancef ID H I KH7MF and Direct Deposits whict tional Offer will post to your account as Fc During the time in which you ma make qualif 'ng transactions under this Promotional Offer, they will be subject to the following Promotional Fees: Balance Transfers: 3.00% of each such (AWN transaction (Fee: Min. $10.00; Max. $99.00) (AWN 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 romotion 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 billing cle that includes August 13, 2008 then this Promotional Offer 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 Promno?tional Rates. All variable rates are calculated by rate the appllicable mmargin is d m se abo For iii the secttion titled, Annual Percentage Rates. This index is determined on the last business d?ayy of each month ("determination date") and is the hh??hest U.S. Prime Rate as published in the "Money Rates" section of The Wall Street Journal at any time within the immeat prece 1ng ee-months, including the month in which the index was determined. The index used to calculate these RATE FINANCE CHARGES BEGIN L«UAL new naiance 'transfer and Cash Advance begins to accrue Periodic Rate Finance Charges on its transaction date. Balance Transfer and Cash Advance balances remaining 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. Unless subject to a Grace Period, each new Purchase begs' to accrue Periodic Rate Finance Charges on its transactions date or the first day of the billing, cycle, whichever date is later. Unless subject to a Grace nod, Purchase balances remaining from previous billin cycles accrue Periodic Rate Finance Charges from the first ?ay of the billing cycle. When a licable, Periodic Rate Finance Charges accrue daily and compound daily on new balances, and balances remainin from previous billing cycles. Periodic Rate Finance barges 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 theme dayeafter the Pa?ycin Full da ehuntilpthe e nduot that billing cycle. You will have a Grace Period for an entire billing cycle on new Purchases and on Purchase balances remaining from previous billing cyyccles if you Pay in Full by the Payment Due Date in that billin?g cycle and if during the previous billing cycle you Paid in 99j. BALANCES SUBJECT TO r -•e talc separate antes Subject to Finance+•? aChargew c3 for Bal Transfers, Cash Advances, and for each Promotional i balance consisting of Balance Transfers or Cash Advi by: (1) calculating a dailyy balance for each day in current billinthg cycle; (2) calculatin a daily balance for day prior to e current billing cAe that had a "Pre-( NIV 'u n' (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 date within the current billing cycle; (3) adding alpost! the ily 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 beggiinning balance, add an amount equal to the applicable Daily Periodic Rate multipplied by the previous day's daily balance, add new balance Transers, Cash Advances. and Transaction . Fees, and subtract applicable payments and credits. If any daily balance is Less than zero we treat it as zero. 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 13re- cle balance (which will be zero on the transaction date associated with the first Pre-Cycle balance) add an amount equal to the applicable Daily Periodic Raie multiplied by the previous day's daily balance, and add only the fees. We eexcludel f omanthis acalcuullat on laatlll t?saations posted in previous billing cycles. Average, Daily Balance Method (including new -? Purchases): We calculate separate Balances Subject to Finance Charge for Purchases and for each Promotional Offer balance consisting of Purchases by: (1) calculating a daily balance for a ich day in the current billingg cycle; (2) suadding f the daalyi1681ances byothehenumber r and of days ifi the current billing cycle. To calculate the daily balance for each day in the current --- bil cycle we take the beg' g balance add an amount eq to the applicable Daily Pff, Rafe multiplied by the previous day's daily balance, add, unless subject to a Grace Period new Purchases new Account Fees, and new OEM Transaction Pees, and subtract apten' ble payments and credits. If any daily balance is less zero we treat it as zero. If in the current billing cyc a Cu Pay in Full, then on the day after that Pay in Full , we exclude from the beginning balance new Purchases, new Account Fees and new Transaction Fees which posted on or before the Flay in Full date. We include the costs for credit card debt cancellation or ha purchased through us in calculating the ??dieaftiitziinsurance cycler theme billing for the first day of the ling cycle in which such costs are bill biled. MINIMUM FINANCE CHARGE If the total of the Periodic Rate Finance Char gees? for all CHARGE of $150 wiIlte a0ssessed on the ac oC nt 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) eggal 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). ttrransactiontfee (FINANCE C?wva?eHARGh) equa will 3 00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Check Cash Advance, we will assess a transactionolla fee (FINANCE CHARGE) equ Min. $10.00) al to 3.0096 of the U.S. dr amount of each such Cash Advance (Fee: . If you obtain a Direct De iosit, 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 Foreig?nn Transaction we will assess a transaction fee (FIN AIQCE CHARGE} equal to 3.009E of the U.S. dollar amount of each such Foreign 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) eval to 3.00% of the U.S. dollar amount of each such Cash 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 followingg fees are assessed as Purchases in the Billing Cycle in wFuch 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 ate the total outstanding balance is $100.00 or less, • if the total outstanddi g balance is greater than 100.00 but $250.00 or less, the late Fee will be 29.00; • if the total outstanding balance is greater than $250.00, the Late Fee will be $39.00. A Returned. Payment Fee of 139.00 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 n access check unpaid for any reason, even if the access cheack 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. An Abandoned Propterty Fee equal to any costs incurred by us for compplying wi h state abandoned property laws, unless prohibited-by applicable law. u yuur cnecs3n account with Bank of America is linked to this account' 1-s overdraft protection feature will allow funds to be transferred ("overdraft protection transfers") from this account into your designated checkm account with Bank of America ("checking account ) when transactions occur on your checking account, such as checks or other debits, that if paid would cause the checking account to be overdrawn ("overdraft transactions"). Overdraft protection transfers include automatic transfers to cover checking account fees. Overdraft protection transfers are processed after close of business Monday through Friday and are treated as Overdraft Protection Cash Advances. Each day's overdraft transactions will be totaled and rounded- to the next $100 ($25 if you opened your checking account in Washington or Idaho- $50 if your checking account is opened 'Military Bail) u to your available credit limit, regardless of w icniittiated t)ipe overdraft transactions. For example, if your checkin account has a balance of $1.00 and a check or other deblf item for $125 is presented for payment, which if paid would cause your checking account to be 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 overdraft transactions for that day will be rejected. However, if the available credit on this account is greater 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 cycle 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 your 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 MSAY 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 an telephone or cell phone calls we place to ou 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' reporting agencies and information about your transactions wrath 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 your account to a credit report u u ency, write to us at: Card Services N.A., Credit orting_ Agencies, P.O. Box 17054, Wilmington, DE 1984-7054. Please 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, family, 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 ppgyymment 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 apermit Ilumbaer, person other s credit cdeviice withhechbee authorization to obtain credit on your account, you may be 'u liable for all transactions made by that person including e 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 and have userse asthe account holderrs. We about end account materials (cards, statements and notices) to any liable arty, and that person will be responsible for deliverin g 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) b notifying us that you want someone added to your accouno as an authorized user- (2) by lending your card or account number to another; or (?) by any other ways in which you would be legally considered to have allowed another to use your account or to be l=. y prevented from denying that you did so. You must k 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, cast 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 an 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 affect your 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 re.1 ect payments 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 reject any payment if your account has a credit balance as of the. day we receive that payment. Generally, credits to your account, such as those generated by merchants or by person-to-person mone transfers are of trreatedda ass payments and will not i uce your 'dotal ACH PAYMENTS We process most payment checks electronically. We use the information on your 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 yyo?ur cancelled check because we are required to destroy it. We will retain an electronic copy For more information or to stop 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. I continued) Each billingg cycle, you must pay at least the Total Minimum Payment ))ue shown on your monthly statement by its the ssuumntof all past due amounts plus the Curr?eDue is Payment. 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 unpaid in a later billin cycle we will recalculate the Total Minimum Paymen Due tor the billing cycle in which the payment was oriainallv 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 mone order; and (4) sent in the return envelope with onI the ?op portion of your statement accompanying it. Payments received after 5 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. Credit for any other payments may be delayed up to five days. 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 APRa. This will result in balances with lower APRs (such as new balances with promotional APR offers) being paid before any other existing balances. PROMISE TO PAY APPLIES TO ALL PERSON: All persons who initially or subsequently request guarantee or use the account are individually and responsible for any total outstanding balance. If one. or more person are responsible to pay ai outstandin balance we may refuse to release an, from liabiliL until all of the cards, access checks ai credit devices outstanding under the account 'ha balancedowedutosus to any ?umeuunder theaterms Agreement. DEFAULT You will be in default of this Agreement if (1) you fail to make any required Total Mimmum Payment Due by its Payment Due Date; (2) your(( total outatan din balance others erm o this Aglreeeement 03uryfailure to ex rcisebany of our rights when you default does not mean that we are unable to exercise those rights upon later default. WHEN WE MAY REQUIRE IMMEDIATE REPAYMENT If you are in default, then in addition to our other remedies under this Agreement, we can require immediate paymens of your total outstanding balance and, unless prohibited 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 withouulosing 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 elect to honor it upon presentment or return it uncredited w the erson that presented it, without in either case ai'in for the date shown on the check. We are not liable to youor any loss or ense incurred by you arising out of the action we elect to r. ice. PAYMENT HOLIDAYS AND REDUCED PAYMENT OFFERS We may allow you, from time to time, to omit a monthly payment or make a reduced gaymeat. We will notify you 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 pa ent on time to avoid a late fee. You must resume makin your regular Total Minimum Payment Due each mon fallowing 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 an 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 ma : (1) permit the transaction without raising your credit . unit; (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 presenting the Check Cash Advance or Balance Transfer that credit has been refused that there are insufficient funds to pa the Check Cash Avance 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 trigger a romotion turn-off event, we may also charge an Overllimit as provided in this Agreement. WE MAY AMEND THIS AGREEMENT We may amend this Agreement at any time.. We may amend it by addinn# deleting, or changing provisions of this Agreement. We 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 a rate t that time. The amended Agreement (including an higher stan ding balance, cha ludinogr the ba?lanee pexisting befotre the amendment became effective. If an amendment gives you the opportunity to reject the change, and if you reject the 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 time. 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 an one 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 attempting to 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 goods or services. HOW YOU MAY STOP PAYMENT ON AN ACCESS CHECK You may request a. stop payment on an access check b providing us with the access check number, dollar amouh 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 ma not issue a postdated access check on your account. If you do postdate an access check, we ma elect to honor it upon presentment or return it unpaid to the person that presented it to us for payment, without in either case waitin for the date shown on the access check. We are not liable eo 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 g erating regulations or conversion procedures. in effect at e 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. BENEFITS We may offer you certain benefits and services with your account. An benefits or services are not a part of this Agreement, but are subject to the terms and restrictions outlined in the benefits brochure and other official documents provided to you from time to time by or on behalf of Bank of America. While any benefits or services described in the _previous sentence are not a part of this Agreement, any caim or dispute related to any such benefit or service shall be subject to the Arbitration and Li 'anon section of this Agreement. We may a ust, add, or?elete benefits and services at any time and wiWhout 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 Agreement, or our rights or obligations under your account or 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 allof our rights andTor 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 Agreement is governed by the laws of the State of Delaware (without regard to its conflict of laws principles) and by any applicable federal laws. THE PROVISIONS OF THIS AGREEMENT ARE SEVERABLE If any provision of this Agreement is found to be invalid, the remaining provisions will-continue 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 your account at 1.800.789.6t01. ARBITRATION AND LITIGATION This Arbitration and Liti ation provision applies to you unless you were given he opportunity to reject the Arbitration and Litigation roviaions and you did so reject them in the manner andimeframe required. If you did re,?ect effectively such a provision, you agreed that any or ation brought by you against us regarding this account or Agreement shall be brought in a court located in the State of Delaware. Any claim or dispute ("Claim") by either you or the other, or aggaainst the employees, agents or as other, arising from or relating in any way to this or any prior Agreement or your account (whetb statute, in contract, tort, or otherwise and v money damages, yenalties or declaratory or equit a ,4A, Yyuli aseuwuu oy eirmer you or us, De resolved by bindmg arbitration. The arbitrator shall resolve any Claims, including the applicabilittyy of this Arbitration and Litigation Section or the validity of'the entire Agreement or any prior Agreement, except for any Claim challengngg the validiy of the Class ActionWaiver, 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 bgment has been rendered bthedelay he other party would suffer prejudice by in demanding arbitration. effect at the time the Claim is filed. Rules and forms National Arbitration Forum may be obtained and may be filed at any National Arbitration Forum www.arb-forum.com, or P.O. Box 50191, Minne Minnesota 55405, telephone 1-800-474-2371. If the I unable or unwilling to act as arbitrator, we may suh organizatiion tinati uses a similar code df procedure. At your written re quest, we will advance any arbitration filing fee, administrative and hearing fees which you are re quired to pay to pursue a Claim m arbitration.e arbitrator will decide who will be ultimately responsible for aymg those fees. If you file a claim against us, in no even will 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 governed by the Federal Arbitration Act, 9 II.S.C. §§ 1-16 (''FAA"). Judgment upon any arbitration award may be entered in any court having a, (continued) urisdiction. The arbitrator shall follow existing substantive ?aw to the extent consistent with the FAA and applicable statutes of limitations and shall honor any claims or privile recognized by law. If an party requests, the arbitra'or shall write an opinion containing the reasons for the award. No Claim submitted to arbitration is heard b a be brought as a class action or as a pry. L 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 an disputes between the parties and is nonseverable from this agreement to arbitrate Claims. If the Class Action Waiver is Iimited, 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 limitation 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 ofd Litigation Section shall survive the voluntary a y° account with us as well as any t p yment of the debt in full by you, any bankrup cy by you or sale of the debt by us. Forthe p"us" rposes of this Arbitration and Litiggation Section, "we" and means FIA Card Services, N A , its parent, subsidiaries- affiliates, licensees, predecessors successors, ? assigns, ana any purchaser of your account, anA all of their officers directors employees, agents and assigns or any and all of diem. Additionally, "we" or "us" shall mean any third pasty providing benefits services, or products in connection with the account (including but not limited to credit bureaus merchants that accept any credit device issued under tlne 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 is named by you as a co-detendant in any Claim you assert against us. automatically from your savings or checking account with us, you c stop the payment on any amount you think is business dayspbefore payment automaticepayment isescheduled three occur. Your Rights and Our Respponsibilities 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 qqu?estion or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can ayly any unpaid amount against your credit limit. You o not have to pay any questioned amount while we are investigating, 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 pay an finance charges related to any questioned amount. lf 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 do ys report oyou as delinquent. However, if our explanation (25) . da ttys telling us that you still refuse a , we must fitell anyone we re?iort you to that you have a question about re o t yo'u to We must tell aynoyonte wereport youto 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 quality of the property or services that you purchased with 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 thee roperty or services. There are two limitations on this 1 (1) You must have made the purchase in our home state or, if not within your home state, within 100 miles of your current mailing address; and (2) The purchase price must have been more than $50. MUST BE RESOLVED THROUGH ABITRATION IF These limitations do not apply if we own or operate the YOU OR WE ELECT TO ARBITRATE. merchant, or if we mailed you the advertisement for the property or services. YOUR BILLING RIGHTS 02007 Bank of America Corporation. All rights reserved. Keep This Notice for Future Use:This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify_ 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 separate sheet (or use a copy of the form provided on your bill) at Bank of America Corporation, F.O. Bog 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 reserve your rights. In your letter, give us the followm*g irmation: (1) your name and account number; (2) the dollar amount of the suspected error. (3) the posting date of the transaction in question; and j4 a description of the error and an explanation, if you can, of 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 VERIFICATION Wff N DY D. +. AC KS qN ereby 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 PORTTLLA JR LAUREANO owes the balance of $2,809.95 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 unsworn falsification to authorities. By: - U v Authorized preset tine Dated: MAY 1 1 2009 PA-NJ 1.30.09 c? C T1 EL r,'1 [{ f, I } L}, ?..? 4 V o... I 1.10 64 -7d a ?y Sheriffs Office of Cumberland County R Thomas Kline FIL&-OrFICE Sheri OF 7?E PRON"ONOTARY J%jr Ronny R Anderson. Chief Deputy 209 AUG 19 AN 9. 13 Jody S Smith Civil Process Sergeant OFF r- E ERIFF aL"-, i,r;;tU? f'ENNSYLVA -W" Edward L Schorpp Solicitor Cach, LLC vs. Case Number Laureano Portilla, Jr. 2009-5554 SHERIFF'S RETURN OF SERVICE 08/17/2009 05:02 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 17, 2009 at 1702 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Laureano Portilla, Jr., by making known unto herself personally, at 413 W. North Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. A SHERIFF COST: $33.40 August 18, 2009 SO ANSWERS, 4 011111&? R THOMAS KLINE, SHERIFF Z)vL Deputy Sheriff CACH, LLC : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff. V. : No. 09 - 5554 - Civil Term LAUREANO PORTILLA JR., : CIVIL ACTION - LAW Defendant. Please enter my appearance for the Defendant in the above. Date: 6;I?A?d 4V 1 Geoffrey Biringer 401 E.Louther Street Carlisle,PA 17013 (717)243-9400 Supreme Court ID#18040 FILED--GFr1C;? QF THE R, LOTH TARY 2009 AU(3 20 Ali 9: 0 7 AP CACH, LLC IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff. V. : No. 09 - 5554 - Civil Term LAUREANO PORTILLA JR., : CIVIL ACTION - LAW Defendant. PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the defendant, Laureano Portilla Jr., by and through his legal counsel, MidPenn Legal Services, and files these PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT, and in support thereof avers the following: 1. Plaintiff is CACH, LLC., as successor in interest to Bank of America, by their attorneys, Harrison Ross Byck, P.C., 229 Plaza Boulevard, Suite 112, Morrisville, PA 19067. 2. Defendant is Laureano Portilla Jr. (hereinafter "Defendant"). 3. Plaintiff filed its complaint on or about July 21, 2009. 4. Plaintiff claims that it is owed a balance on account for $4, 752.87 from use of a credit card account which it was assigned by Bank of America. PRELIMINARY OBJECTION PURSUANT TO PA. R.C.P. No. 1028(a)(3) (INSUFFICIENT SPECIFICITY IN A PLEADING) FOR FAILURE TO PROPERLY PLEAD ITEMS OF TIME, PLACE AND SPECIAL DAMAGES 5. Paragraphs 1 through 4 of Defendant's Preliminary Objections are hereby incorporated as if fully set forth herein. 6. Plaintiff claims that it is owed a balance on an account stated in the amount of $4,752.87 attached as Exhibit "A", which contains minimal information. 7. This complaint fails to specify any executed agreements of the parties, terms and conditions of the agreements, amendments to the agreements, the Defendant's request for products, goods or services or the amount, or time and place of individual credit transactions. 8. Plaintiff fails to sufficiently specify the type and/or amount of the alleged debt owed, including the amounts and dates of the alleged charges, the amounts and dates of any payments made, the amounts and dates of any interest charges, and the amounts and dates of any other charges. 9. Pa. R.C.P. No.1019(f) requires that averments of time, place and special damages shall be specifically stated. 10. Plaintiff's general assertion of damages therefore is in violation of Pa. R.C.P. No.1019(f) and renders Defendant unable to properly defend this action. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice for insufficient specificity in a pleading. PRELIMINARY OBJECTION PURSUANT TO PA. R.C.P.No. 1028(a)(2) and No.1019(i) (FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT) FOR FAILURE TO ATTACH A WRITING 11. Paragraphs 1 through 10 of Defendant's Preliminary Objections are hereby incorporated as if fully set forth herein. 12. Plaintiff has failed to attach any credit agreements made or signed by Defendant which would form the very core of an obligation by the Defendant to the Plaintiff. 13. Pursuant to Pa. R.C.P. No. 1019(1), when a claim is based upon a writing, the pleader must attach a copy of that writing or provide explanation for its absence. 14. To the extent that any credit agreements between Defendant and Plaintiff, or its predecessors in interest are written, Plaintiff's Complaint fails to comply with Pa. R.C.P. No. 1019(1) in that Plaintiff has failed to attach to its Complaint a copy of any such written agreements, or assignment(s), or any explanation for the absence thereof. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice for failure to conform to a law or rule of court. Respectfully submitted, Date 1&10 N idPenn Legal Services 'd,"le';? a&--e- I eoffrey Biringer 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, being a member in good standing of the Bar of Pennsylvania, hereby certify that I served a true and correct copy of the foregoing Preliminary Objections to Amended Complaint on this 20st day of August, 2009, by placing same in the United States mail, first class, postage prepaid, addressed as follows: Harrison Ross Byck, Esquire 229 Plaza Boulevard, Suite 112 Morrisville, PA 19067 ByAfrey Ge VirilnrO Attorney for the Defendant 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 AL ED--OF-i'lCE OF THE PF'n T Hr)NIOTARY 2099 AUG; 20 AM 9, 07 ,NTY pL'. N4 : ti t"'Ovey?lt 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 4340 S. MONACO -- 2ND FLOOR DENVER, CO 80237 Plaintiff, vs. LAUREANO PORTILLA, JR. 413 W. NORTH STREET CARLISLE, PA 17013 Defendant. Z01~~~~~~`~ ~i3 ~'~ ~~ ~~ a ~+.~ ti , COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2009 - 05554 PLAINTIFF'S RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS CACH, LLC, Plaintiff in the above-captioned case hereby responds to Defendant's preliminary objections as follows: 1-4. These preliminary objections may be determined from facts of record so that no further evidence or response is required. PRELIMINARY OBJECTION PURSUANT TO Pa.R.C.P. 1028(a)(3) FOR INSUFFICIENT SPECIFICITY IN A PLEADING 5. No response required. 6-10. These preliminary objections raises issues under Rule 1028(a)(3), which may be determined from facts of record so that no further evidence or response is required. Without waiving the foregoing, with regard to actions to recover debt incurred by using a credit card, it has been held that the requirements of Rule 1019(1) are satisfied if the plaintiff attaches the underlying agreement between the issuer of the credit card and the credit card holder. Marine Bank v. Orlando, 25 Pa. D. & Cad 264 (Pa.Com.Pl. 1982). s To the extent Defendant argues that Plaintiff failed to attach a signed Agreement evidencing that Defendant agreed to be bound by the terms of the agreement, we note that Rule 1019(1) does not require that the writing attached to a pleading forming the basis for the claim therein contain the signatures of the parties. Rather, Rule 1019(1) merely requires that a copy of the writing forming the basis for the claim, or the material part thereof, be attached to the pleading. There is no requirement that the writing contain the signatures or other marks or seals of the parties evidencing acceptance of the terms of the writing. Plaintiff attached a copy of the relevant statement and agreement as Exhibits A and C to Plaintiff's Complaint. Said agreements are the writing and contract that is applicable to this matter. Any additional specifics regarding the debt may be appropriate subjects for discovery, but do not warrant dismissal of the complaint pursuant to Pa. R.C.P. 1019(a) or (f). WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that the Court deny and dismiss Defendant's Preliminary Objections, together with all such other and further relief, at law or in equity, as to which Plaintiff may be justly entitled. PRELIMINARY OBJECTION PURSUANT TO Pa.R.C.P.1028(a)(2) FOR FAILURE TO CONFORM TO LAW FOR FAILURE TO ATTACH A WRITING 11. No response required. 12-14. Plaintiff attached a copy of the relevant Credit cardholder agreement as Exhibit C to Plaintiff's Complaint. Said agreement is the writing and contract that is applicable to this matter where the provisions of the cardholder agreement allow for sale of the account along with all rights and obligations along with the provisions of the cardholder agreement allow for requiring the cardholder to pay for costs incurred in any collection proceeding. By using andlor authorizing the use of the credit card Defendant accepted the contract with the Issuer and became bound to pay for all charges incurred with the credit card. Defendant also became subject to all of the terms and conditions of the Issuer's cardholder agreement. To the extent Defendant argues that Plaintiff failed to attach a signed Agreement evidencing that Defendant agreed to be bound by the terms of the agreement, we note that Rule 1019(1) does not require that the writing attached to a pleading forming the basis for the claim therein contain the signatures of the parties. Rather, Rule 1019(1) merely requires that a copy of the writing forming the basis for the claim, or the material part thereof, be attached to the pleading. There is no requirement that the writing contain the signatures or other marks or seals of the parties evidencing acceptance of the terms of the writing. Further, in establishing the chain of assignment, Plaintiff attaches herein redacted copies of the Bill of Sale and Affidavit of Claim and hereby requests the Court to append these documents to Plaintiff s Complaint as Exhibits D and E respectively. Examining the allegations of the complaint and the exhibits attached thereto in their entirety, Plaintiff has adequately averred the various assignments which afford it standing and the capacity to sue Defendant for his/her outstanding credit card debt. Moreover, Plaintiff has provided Defendant with fair notice of its claim and a summary of the material facts supporting that claim. Any additional specifics regarding the individual credit card transactions may be appropriate subjects for discovery, but do not warrant dismissal of the complaint pursuant to Pa. R.C.P. 1019 (i). WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that the Court deny and dismiss Defendant's Preliminary Objections, together with all such other and further relief, at law or in equity, as to which Plaintiff may be justly entitled. Respectfully submitted, ~ /_~.._ llan C. S ith, Harrison Ross Byck, Esq., P.C. Attorney I.D. 204756 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 1-888-275-6399 // (215) 428-0666 Attorney for Plaintiff May 13, 2010 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 4340 5. MONACO -- 2ND FLOOR DENVER, CO 80237 Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. LAUREANO PORTILLA, JR. 413 W. NORTH STREET CARLISLE, PA 17013 Defendant. No. 2009 - 05554 PLAINTIFF'S RESPONDING BRIEF TO DEFENDANT'S PRELIMINARY OBJECTIONS CACH, LLC, Plaintiff in the above-captioned case hereby responds to Defendant's preliminary objections as follows: An Answer to Preliminary Objections is required only to Preliminary Objections raising issues under Pa.R.C.P. 1028(a)(1), (5), (6), (7) and (8) and only provided a Notice to Plead is attached to the Preliminary Objections. An Answer does not need to be filed to Objections raising issues under Rules 1028(a)(2), (3) and (4). Pa.R.C.P. 1029(d) states that averments in pleadings to which no responsive pleading is required shall be deemed to be denied. These preliminary objections do not bear a Notice to Plead and partially raise issues under Rule 1028(a)(2) which may be determined from facts of record so that no further evidence or response is required. Therefore, Plaintiff requests that all Defendant's averments be denied. In deciding Preliminary Objections, the Court should accept as true all material facts set forth in the pleading as well as all inferences reasonably deducible therefrom. Santiago v. Pennsylvania Nat` 1 Mutual Casualty Ins. Co., 613 A.2d 1235 (Pa.Super.1992). "[P]reliminary objections will be sustained only if they are clear and free from doubt." Milliner v. Enek, 709 A.2d 417 (Pa.Super.l998). A Preliminary Objection should be sustained only where it appears with certainty that, upon the facts averred, the law will not allow the party to recover. Id. The purpose of pleadings is to place a defendant on notice of the claims upon which the defendant will have to defend. City of Newcastle v. Uzamere 829 A.2d 763, 767-768 (Pa. Cmwlth. 2003); Yacoub v. Lehigh Valley Medical Associates 805 A.2d 579, 588 (Pa. Super. 2003), app. denied, 573 Pa. 692, 825 A.2d 639 (2003). Under Rule 10 19(a), a complaint must give the defendant fair notice of the Plaintiff's claims and a summary of the material facts that support those claims. Carison v. Community Ambulance Services, Inc. 824 A.2d 1228, 1232 (Pa. Super. 2003); McClellan 413 Pa. Super. at 141, 604 A.2d at 1059-60. In determining whether the allegations of a complaint have been stated with the necessary specificity, the court should not focus upon one paragraph of the complaint in isolation, Yacoub 805 A.2d at 589, and should instead examine the paragraph in context with all other allegations in the complaint. Rachlin v. Edmison 813 A.2d 862, 870 (Pa. Super. 2002). The issuance of a credit card constitutes the offer of a contract. See, e.~., Bank One. Columbus. N.A. v. Palmer, 63 Ohio App. 3d 491, 492, 579 N.E.2d 284, 2$5 (Ohio Ct. App. 1989). Use of a credit card constitutes acceptance of the terms of the cardmember agreement. See= e.g., Grasso v. First USA Bank, 713 A.2d 304 (Del. 1998); Read v. Gulf Oil Corporation, 114 Ga. App. 21, 150 S.E.2d 319, 320 (1966); Petroleum Co. v. McMillan. 168 S.W. 2d 881 (Tex. Civ. App. 1943). Even in the absence of such an agreement the issuance of the credit card constitutes an offer of credit, and the use of the credit card constitutes the acceptance of the offer of credit. Feder v. Fortunoff, 474 N.Y.S. 2d 937 (N.Y. 1984), citing Empire Nat'l Bank v. Monahan, 82 Misc. 2d 808, 370 N.Y.S.2d 840 (N.Y. County Ct. 1975). By using and/or authorizing the use of the credit card Defendant accepted the contract with the Issuer and became bound to pay for all charges incurred with the credit card. Defendant also became subject to all of the terms and conditions of the Issuer's cardholder agreement where the provisions of the cardholder agreement allow for sale of the account along with all rights and obligations along with the provisions of the cardholder agreement allow for requiring the cardholder to pay for costs incurred in any collection proceeding, including reasonable attorney's fees. Examining the allegations of the complaint and the exhibits attached thereto in their entirety, Plaintiff has adequately averred the various assignments which afford it standing and the capacity to sue Defendant for her outstanding credit card debt. Moreover, Plaintiff has provided Defendant with fair notice of its claim and a summary of the material facts supporting that claim. Any additional specifics regarding the individual credit card transactions may be appropriate subjects for discovery, but do not warrant dismissal of the complaint pursuant to Pa. R.C.P. 1019(a) or (f). WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that the Court deny and dismiss Defendant's Preliminary Objections, together with all such other and further relief, at law or in equity, as to which Plaintiff may be justly entitled. Respectfully submitted, .., ~, J f' ,~ `/ ~,t/ /I ~f~l ' Alfai . S ith„.)/sq. Harrison Ross $yck, Esq., P.C. Attorney I.D. 204756 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 1-888-275-6399 // (215) 428-0666 Attorney for Plaintiff May 13, 2010 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 4340 S. MONACO -- 2ND FLOOR DENVER, CO 80237 Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. LAUREANO PORTILLA, JR. 413 W. NORTH STREET CARLISLE, PA 17013 Defendant. No. 2009 - 05554 VERIFICATION I, Allan C. Smith, Esq., of the Law Office of Harrison Ross Byck, Esq., P.C., attorneys for Plaintiff, CACH, LLC, do hereby state that I am familiar with the facts of this case and am authorized to file this Verification on their behalf. I further verify that the facts set forth in the foregoing Response and Supporting Brief to Defendant's Preliminary Objections are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: May 13, 2010 Allan C. S rth, Esq. Attorney I.D. No. 204756 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 4340 S. MONACO -- 2ND FLOOR DENVER, CO 80237 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, vs. No. 2009 - 05554 LAUREANO PORTILLA, JR. 413 W. NORTH STREET CARLISLE, PA 17013 Defendant. CERTIFICATE OF SERVICE I, Allan C. Smith, Esq., of full age, certify that I mailed a copy of the Plaintiff's Response to Defendant's Preliminary Objections and Supporting Brief regarding the above-captioned matter upon defendant LAUREANO PORTILLA, JR., by United States First Class Mail, on May 13, 2010 via his/her attorney's last address of: GEOFFREY BIRINGER, ESQ., MIDPENN LEGAL SERVICES 401 E. LOUTHER STREET SUITE 103, CARLISLE, PA 17013 Date: May 13, 2010 /- ~ .' !~ ~ ~ Allan . Sm' ,Esq. ! Attorney LD. No. 20475 BankofAmerica EXHLBIT C I3ILL OF SALE AND ASSIGNMENT OF LOANS The undersi~ied Assignor ("Assignor") on and as of the date hereof hereby absolutely sells, transfers, assigns, sets-over, quitclaims and conveys to CACN, LLC ,, a Limited Liability Company organized under the laws of Colorado ("Assi nee"j without recourse and without representations or warranties of any type, land. character or nature, express or implied, subject to Buyer's repurchase rights as set forth in Sections 8.l and 8.2, all of Assignor's right, title and interest in as~d to each of the loans identified in the loan schedule {"L an Schedule"~ attached hereto (the "Loans"), together with the right to all principal, interest or other proceeds of any kind with respect to the Loans remaining due and awing as of the Cut-OB' Date applicable to such Loans as set forth in the Loan Sale Agreement pursuant to which the Loans are being sold (including but not limited to proceeds derived from the conversion, voluntary or involuntary, ofany of the ~ Loans into cash or other liquidated property). DATED: March 12, 2408_ ASSIGNOR: FIA CARD SERVICES, N.A. Name: Title: Assistant Vice President •-' ~ S'Iq Fax: 302.45S.f~3S9 Back of America. ~.?ncl Salea perr8eki lll, (i.'iS Pa~xr AiiH Road, Ne~wwatk, DE 16711 w<,+.arrw. AFFIDAVIT OF CLAIM AND CERTIFICATION QF DEBT STATE OF NORTH CAROLINA CITY OF GREENSBORO Bank of America, N.A. Accountholder: PORTILLA JR, LAUREANO Account No.: 4888937992763534 The undersigned, Vicki Kyle ,being duly sworn, states and deposes as follows: 1. That Affiaat is employed by Bank of America, NA successor in interest to Fleet, MBNA, Nations Bank ("Bank of America") in the position of Bank Officer and is duty authorized to make this affidavit. 2. That the original contract in this matter has been destroyed, or is no longer accessible to Affiant and that this Affidavit is to be treated as the original document for all purposes. If any originals are discovered, they will be submitted to tht court for review. 3. That the statements made in this Affidavit are based on the computerized and hard copy books and records of Bank of America, which are maintained in the ordinary course of business, with the entries in them having been made at or neaz the tune of the transaction recorded. 4. That account number 4888937992763534 was opened on 2!212006 whose social security number is 168483862. S. 'T'hat there is due and payable from PORTILLA JR, LAUREANO as of 3/12/2008 the sum of $2809.95 withstanding legally chargeable post charge-off interest, pursuant to the terms of the card member agreement with Bank of America. 6. That said agreement and account was, on 3/IZJZ008 sold, transferred and set aver unto CACH, LLC, with full authority to do and perform ail acts necessary for collection, settlement, adjustment, compromise or satisfaction of the said claim. 7. That as a result of the safe of said account, CACH, LLC and/or its authorized agent, has complete authority to settle, adjust, compromise and satisfy same that Bank of America had no further interest in this account for any purpose. 8. That to the best of Affront's knowledge, information and belief, there were no uncredited payments, just counterclaims or offsets against said debt when sold. FURTHER AFFIANT SAYETIi NOT. ~g DATED THI~AN day of"~- , 2004 BANK OF AMERICA, NA By: Bank Officer ~,`~, " F~ a ~,~. e,~ivly on exI P Exp• N~~~~j Q011 U ~~ ~ '~`_4r?l~i G~~ JAN 2 9 ?ppg to before me this day of 2009 CACH, LLC 428 CACH, LLC 4340 S. MONACO -- 2ND FLOOR DENVER, CO 80237 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, vs. LAUREANO PORTILLA, JR. 413 W. NORTH STREET CARLISLE, PA 17013 . No. 2009 - 05554 Defendant. AND NOW, this day of 2010, upon consideration of the Response of the Plaintiff, CACH, LLC, to Defendant's Preliminary Objections and after response thereto, hearing thereon and for good cause shown, it is hereby ORDERED and DECREED that said Preliminary Objections are DENIED and DISMISSED. ORDER J. CR~AL PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) €~~ ~ TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for th~ne~ ° ~ Argument Court.) DECEMBER 15, 2010 •.~ --~. ~ ~~ .~ -ri s , ~~--~-°-------------------------------------°------------------------------------- --«> fTt ~ ~--- ----~~ CAPTION OF CASE CACH, LLC VS. LAUREANO PORTILLA, JR. ~"'''' '"" ~ ~~ _~'~ (entire caption must be stated in full) : ~~ ~ -- '= CACH, LLC ~ . ~ "? " PLAINTIFF ~,:~. ;~, - ' ~- - o ~"' vs. LAUREANO PORTILLA, JR. ~ ~ ; ~`= l`'~ ~. -~. DEFENDANT No. 09-5554 ,CIVIL Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demu rrer to complaint, etc.): PRELIMINARY OBJECTIONS 2. Identify all counsel who will argue cases: (a} for plaintiffs: ALLAN C. SMITH, ESQ. 229 Plaza Blvd., Ste 112, Morrisville, PA 19067 (Name and Address) (b) for defendants: GEOFFREY BIRINGER, ESQ. 401 E. Louther Street, Ste 103, Carlisle, PA 17013 (Name and Address) 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 15, 2010 Date: ~U ~ ~ ~ ~ Signature ALLAN C. SMITH, ESQUIRE Print your name PLAINTIFF Attorney for INSTRUCTIONS: 1.Original and two copies of ail briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. 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 4340 S. MONACO -- 2ND FLOOR DENVER, CO 80237 Plaintiff, vs. . COURT OF COMMON PLEAS CUMBERLAND COUNTY LAUREANO PORTILLA, JR. 413 W. NORTH STREET CARLISLE, PA 17013 Defendant . No. 2009 - 05554 CERTIFICATE OF SERVICE I, Allan C. Smith, Esq., of full age, certify that I mailed a copy of the Plaintiff's Praecipe for Listing Case for Argument regarding the above-captioned matter upon defendant(s) MICHAEL C. ARMSTRONG by United States mail, postage prepaid, on October 29, 2010 at his/her attorney's address of: GEOFFREY BIRINGER, ESQ. MIDPENN LEGAL SERVICES 401 E. LOUTHER STREET SUITE 103 CARLISLE, PA 17013 Date: October 29, 2010 Allan C. mith, sq. Attorney LD. No. 204756 #14. CACH, LLC, V. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAUREANO PORTILLA, JR., Defendant : NO. 2009 - 5554 CIVIL TERM IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE OLER, GUIDO, JJ. ORDER OF COURT co c? rn c=? C-0 W AND NOW, this 3RD day of JANUARY, 2011, after reviewing the complaint, as well as Defendant's preliminary objections and the briefs filed by the parties, Defendant's preliminary objections are OVERRULED. She is directed to file an answer to the complaint within twenty (20) days. By the Court, Edward E. Guido, J. Allan C. Smith, Esquire C?pieh 114111 Geoffrey Biringer, Esquire `Court Administrator - in bin - -M mF F?a , r ? e Abraham Prozesky, Esquire Attorney for Plaintiff PA Id# 209787 MidPenn Legal Services 401 East Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400 CACH, LLC. Plaintiff V. LAUREANO PORTILLA JR Defendant EILLE0-OFr"!0 'L-.r',011 I FEB 22 PSI 2: 2 UMBERL?,i 1 UG, U a 1., PENNIS e'L VdA fl,"' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2009 - 5554 CIVIL TERM PRAECIPE TO SUBSTITUTE VERIFICATION To the Prothonotary: Please substitute the enclosed verification page executed by Laureano Portilla Jr. dated G.Iluasy 31 2011 for the verification page attached to Defendant's Answer filed January 26, 2011. Respectfully Submitted, MIDPENN LEGAL SERVICES Date: Z 21 2 rt I BY: Attorney efendant Supre e Court ID # 209787 MidPenn Legal Services 401 East Louther Street Carlisle, PA 17103 717-243-9400 J VERIFICATION The above-named Plaintiff, Laureano Portilla Jr., verifies that the statements made in the AASvve_r attached are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date: ,r La ano Portilla Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH, LLC Plaintiff NO.05554 09 C "5 VS. 2co a y? G7 LAUREANO PORTILLA, JR. : ccn RULE 1312-1 Defendant y - -p The Petition for Appointment of Arbitrators shall be substantially Following form: __q r- _< rn PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: ALLAN C. SMITH, ESQ. , counsel for the plaintiff4efeadent in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 4,752.87 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel Mars: NICK MATASH, ESQ. (ATTORNEY FOR DEFENDANT) WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT AND NOW, petition, Esq., and captioned action (or actions) as prayed for. 200 , in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above By the Court, Ci M- -u rn _Vrn F ©c --.o aj_v?k % 9q,oo pQ¢, O'V 13 '575w V_a QbS 3Y Kevin A. Hess, P.J. Harrison Ross Byck, Esq., P.C. Attorney I.D. 61511 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399 // (215) 428-0666 Attorney for Plaintiff CACH, LLC 4340 S. MONACO -- 2ND FLOOR DENVER, CO 80237 Plaintiff, vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY LAUREANO PORTILLA, JR. 413 W. NORTH STREET CARLISLE, PA 17013 Defendant No. 2009 - 05554 CERTIFICATE OF SERVICE I, Allan C. Smith, Esq., of full age, certify that I mailed a copy of the Plaintiff's Petition for Appointment of Arbitrators regarding the above-captioned matter upon defendant LAUREANO PORTILLA, JR., by United States First Class Mail, on August 19, 2011 at his/her last address of: NICK MATASH, ESQ. MIDPENN LEGAL SERVICES 401 E. LOUTHER STREET SUITE 103 CARLISLE, PA 17013 Date: August 19, 2011 Allan C. S ith, 16sq. Attorney I.D. No. 204756 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH, LLC Plaintiff NO. 05554 09 C _o VS. C car- LAUREANO PORTILLA, JR. A?" Defendant D C7 ' =C 3 RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially i?Q A0 Following form: r CM PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: ALLAN C. SMITH, ESQ. counsel for the plaintiff/ in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 4,752.87 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or- of@ otherwise disquakfied40-4t ash; NICK MATASH, ESQ. (ATTORNEY FOR DEFENDANT) WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT -r; S .p ?Q _? -t'1 Q? V M Q gy'°0 Pal Ck,? g 3 SSO ? a?3g3Y AND NOW, ???? 9 , 20B/ , in consideration of the foregoing petition, Esq., and Esq., and Es areappointed arbitrators in the Zvec= captioned action (or actions) as prayed for. C'EpiCS 1K i ,'1e glgll/ By the Court, Kevin A. Hess, P.J. :Z rn fC^Tl Fri ? -__ ?'° h -C C:) '9L ? .? ,, r ,° Y? Allan C. Smith Esq., Attorney I.D. No. 204756 Law Firm of Allan C. Smith, P.C 1276 Veterans Hwy, Suite E-1 Bristol, PA 19007 1-888-275-6399//(215)428-0666 Attorney for Plaintiff CACH, LLC. 4340 S. MONACO STREET DENVER, CO 80237 Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY ) No.:2009'(ftf5y VS . 7 rl LAUREANO PORTILLA A ) ?3 cD 413 W NORTH ST ) Zi rt O CARLISLE, PA 17013 CAA' ? `? Z --ip _ -? = C :)-n Q c? ENTRY OF APPEARANCE 33"' rrt D TO THE PROTHONOTARY: "< Kindly enter my appearance of behalf of CACH, LLC., the plaintiff in this action. *A11C. h, Esq. 6 Law Firmof Allan C. Smith, P.C 1276 Veterans Hwy- Suite E-1 Bristol, PA 19007 TO THE PROTHONOTARY: WITHDRAWAL OF APPEARANCE Kindly withdrawal my appearance of behalf of CACH, LLC., the plaintiff in this action. arrison Ros c Attorney ID No.: 61511 Law Office of Harrison Ross Byck, Esq. P.C 1276 Veterans Hwy- Suite E-I Bristol, PA 19007 Date: October 26, 2011 CACH LLC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA: vs. CIVIL ACTION - LAW LAUREANO PORTILLA, JR. NO. 09-5554 CIVIL Defendant ORDER AND NOW, this 2 /' day of May, 2012, the appointment of a Board of Arbitrators in the above-captioned case is VACATED. Thomas Gould, Esquire, Chairman, shall be paid the sum of $50.00. BY THE COURT, Kevin . ess, P. J. Thomas Gould, Esquire ? Court Administrator Am 1?0r? CZ C- y rr' r