Loading...
HomeMy WebLinkAbout09-8677IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH, LLC VS. NO: WILLIAM HERSH 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. WILLIAM HERSH A 112 HILL LANE MECHANICSBURG, PA 17050 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 6 9 c 7 -1 ccfw - r6 COMPLAINT To: WILLIAM HERSH A 112 HILL LANE MECHANICSBURG, PA 17050 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 ]as 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 continuer la demada en contra suya sin previo Avisa o notificion. Ademas la corte puede decidie a favor del demandante y requiere que usted compla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedas o otros derechos imporrantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA 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 WILLIAM HERSH 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, WILLIAM HERSH JR, is an individual residing at 112 HILL LANE, MECHANICSBURG, PA 17050. 2. The claims raised in the complaint are subject to an agreement to submit these claims to arbitration. <Exhibit C> 3. Defendant, WILLIAM HERSH JR, is indebted to MARYLAND NATIONAL BANK, N.A. on an account stated by and between them in the amount of $7,095.28 which balance was due and unpaid as of April 30, 2008, for credit card account number 374632999839234. <Exhibit A> 4. On or about June 3, 2008, MARYLAND NATIONAL BANK, N.A. sold the debt for good and valuable consideration to plaintiff, CACH, LLC <Exhibit B> 5. The Defendant, William Hersh Jr, last tendered a payment on August 24, 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 $3.8859 per day from the default date ( 19.990% annual percentage rate x $7,095.28 / 365 days) or $3.8859 x 531 days = $2,063.40; which is accrued interest through the date of filing. <Exhibit A> Plus an award of late fees 0.00, court costs $178.50 and reasonable attorneys fees of $1,419.06 as stated in the Cardholder Agreement attached hereto as <Exhibit C>. 9. The defendant, being indebted to the plaintiff in the sum of $10,756.24 upon the account stated by and between them did promise to pay said sums upon demand. Demand has been made for payment of $10,756.24 and the defendant has failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendant for $10,756.24 together with other interest and costs of suit. Date: November 16, 2009 EXHIBIT A Phi Theta Kappa Preparedfor. WILLIAM HERSH JR 3746 321164 00365 Bank ofAmedca January 2007 Statement Credit Line: $7,500.00 Cash or CredltAvailab/e: $1,318.35 ii-iVll - -ul'UUuulll ylJ L www.bankofamerica.com Summary of Transactions Billing Cycle and Payment Information Previous Balance $5,244.24 Days in Billing Cycle 34 BANK OF AMERICA P.C. BOX 15726 Payments and Credits $0.00 Closing Date 01/17/07 WILMINGTON, DE 19886-5726 Cash Advances + $0.00 Mail BillingInguInesto.- Purchases and Adjustments + $828.04 Payment Due Date 02/11/07 BANK OF AMERICA Periodic Rate Finance Charges + $109.37 Current Payment Due $208.00 P.O. BOX 15026 Transaction Fee Finance Charges + $0.00 Past Due Amount + $131.00 WILMINGTON, DE 19650 5026 Total Minimum Call toll-free 1 800 900-6651 New Balance Total $6,181.65 P ment Due a TDD hearing impaired 1 800-346-3178 Posting Transaction Reference Account _Purchases and Adjustments Date Date - Number Number Category Amount LOWE$ :- YORK PA 12/21 12/19 5426 0365 C 13.75 LOWES MECHANICSBURGPA 12/22 12/20 9726 0365 C 23.81 D& H DISTRIBUTING HARRISBURG PA 12/26 12/22 3729 0365 C 455.09 CAPITAL CITY MALL CAMP HILL PA 12126 12124 1524 0365 C 102.00 CALENDAR CLUB PLUS T CAMP HILL PA 12/26 12/24 1122 0365 C 37.06 SUNCOAST 2047 CAPITAL CAMP HILL PA 12/27 12/24 4724 0365 C 68.88 BAG PRIV ASTBW5169561 WILMINGTON DE 12/30 12/29 9528 0365 C 12.9$ MORGAN S PLACE HARRISBURG PA 01/10 01/08 3723 0365 C 49.00 LATE FEE FOR PAYMENT DUE 01112 01/13 01/13 C 39.00 THE HOME DEPOT 4120 MECHANICSBURGPA 01/16 01/14 7124 0365 C 26.46 WORLDPOINTS 838 MONTHLY EARNINGS 49 MERCHANT BONUS POINTS 0 TRAVEL/DINING BONUS POINTS 12,823 TOTAL POINTS AVAILABLE WE DID NOT RECEIVE YOUR PAYMENT BY THE PAYMENT DUE DATE. AS A RESULT, THE PROMOTIONAL RATE WILL NO LONGER BE IN EFFECT AFTER THE CLOSING DATE SHOWN ON THIS STATEMENT FOR CATEGORY A. 14 0061816500033900000125850000374632116400365 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 19886-5'726 sit III I II& 111111 111 1' x"11111111 I ACCOUNT NUMBER: 3746 321164 00365 NEW BALANCE TOTAL: $6,181.65 PAYMENT DUE DATE: 02/11/07 WILLIAM HERSH JR 418 PLUM ST LEMOYNE PA 17043-1964-186 E/IIM /?/IM/Ir/1/1Id91r FnC1OMSd' Mail this payment coupon along with a check or money order payable to: BANK OF AMERICA w m o rn I:5 240 2 2 2 501: 070921164003651i' Phi Theta Kappa PrePared fora WILLIAM HERSH JR 3746 321164 00365 Bankof America January 2007 Statement Credit Line: $7,500.00 Cash or CreditAvailable: $1,318.35 Corresponding Annual Balance Subject to Category Periodic Rate Percentage Rate Finance Charge Cash Advances A. Balance Transfers, Checks 0.019150% DLY 6.99% $0.00 B. ATM, Bank 0.054767% DLY 19.99% $0.00 C. Purchases 0.054767% DLY 19.99% $5,873.45 Annual Percentage Rate for this Billing Period: 19.9996 (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges.) YOU ARE A VALUED CUSTOMER. WE WANT TO MAKE SURE YOU ARE AWARE THAT WE HAVE NOT RECEIVED YOUR PAYMENT. PLEASE SEND THE AMOUNT DUE TODAY. IF IT HAS BEEN MAILED, THANK YOU. RESERVE YOUR 2006 YEAR-END SUMMARY TODAY. CALL 1 866 491 1141 BY 2 1 07 AND FOR ONLY $4.95, YOU WILL BE MAILED A DETAILED SPENDING SUMMARY BY 2 15 07. b w m ? w 0 EXHIBIT B CERTIFICATE OF PURCHASE I, KARA EGIZI , hereby depose and state that: 1. I am an Authorized Agent of CACH, LLC, a Colorado Limited Liability Company. 2. As such, I am authorized to give this Certificate, and possess sufficient personal knowledge to do so regarding: CUSTOMER NAME: WILLIAM HERSH, JR. ORIGINAL CREDITOR: MARYLAND NATIONAL BANK, N.A. ACCOUNT NUMBER: 374632999839234 3. On or about June 3, 2008 this account was sold by the original creditor. CACH, LLC is the current owner of the account and purchased it for good and valuable consideration. Date: SEP 2 2 2009 By: Sworn and subscribed to before me this day of SEP 2 2 2009, 2009. ?ON1. V I G?< Ci0TA R y•,.• cS?j,••, AV B`\G • `,O OF CEO My Commission Expires 1012012012 Notary Public (PA-NJ 3.01.09) 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 affiliated companies. Federal law also requires us to LaSalle Merchant Services, LLC give you this notice to tell you about our choice to limit marketing from all the Bank of-America affiliated companies. You may limit all the Bank of America affiliated companies, such as the banking, loan credit card, insurance and securities companies, from marketing their products or services to you based upon your personal information that they receive from other Bank of America companies. is information includes your income, your account history, and your credit score. Your choice to limit marketing offers from the Bank of America affiliated companies will apply for at least 5 years from when you tell us your choice. Before your choice to limit marketing offers expires, yyou will receive a renewal notice that will allow you to continue to limit marketing offers from all the Bank of America affiliated companies for at least another 5 years. You may tell us your choice to limit marketing offers, and you may tell us the choices for other customers who are joint account holders with you. This limitation will not apply in certain circumstances, such as when you have an account or service relationship with the Bank of America company that is marketing to you. For individuals with business purpose accounts, this limitation will only apply to marketing to individuals and not marketing to a business. To limit marketing offers, contact us at 800.374.2632 Effective October 1,-2008 Banks and Trust Companies Bank of America, NA. LaSalle Bank National Association LaSalle Bank Midwest National Association Credit Card Bank of America Consumer Card Services, LLC Bank of America Fleet Credit Card Services, L.P. Insurance and Annuities BA Insurance Services, Inc. Banc of America Agency of Texas, Inc. Banc of America Insurance Services, Inc., dba Banc of America Insurance Agency General Fidelity Insurance Company General Fidelity Life Insurance Company LaSalle Financial Services, Inc. dba LaSalle Insurance Services Brokera a 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. 4V (continued) BANK OF AMERICA PRIVACY POLICY FOR CONSUMERS 2008 To learn more about how Bank of America manages Customer Information and what actions you can take, please continue reading. This document includes information about: 1. Making the security of information a priority 2. Collecting your information 3. Managing information about you 4. Making sure information is accurate 5. Honoring your preferences 6. Actions you can take 7. Guarding your own information 8. Bank of America companies This policy covers Customer Information, which means personally identifiable information about a consumer or a consums current or former customer relationship with Bank of America. This policy is provided to you as required by the Federal Financial Privacy Law and applies to our companies identified in Section 7, Bank of America companies. 1. Makin the security of information a priority Keeping financial 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 disciplinary action if they fail to follow this code. 2. Collecting information We collect and use various types of information about you and your accounts to service your accounts, save you time and money, better respond to our needs and manage our business and risks. Customer Information is categorized in the following six wayyss: A. Identification Information - information that identifies you, such as name, address, telephone number and Social Security number. B. Application Information - information you provide to us on applications and through other means that will help us determine if you are eligible for groducts 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 cconssurymer report. Examples include credit score and credit histo. E. Information from Outside Sources - information from outside sources regarding 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 sharing 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 prepare and provide reports to others as well as to us. We do not share medical or health information among our companies, except to maintain or collect on accounts, process transactions, service customer requests or perform insurance functions to the extent permitted b law. Managing information with companies that work for us We may share any of the categories of Customer Information with companies that work for us, including companies located outside the United States. All nonaffitliated companies that act on our behalf and receive Customer Information from us are contractual%y obligated to keep the information we provide to them confidential, and to use the Customer Information we share only to provide the services we ask them to perform. These companies may include financial service providers, such as payment processing companies, and nonfinancial companies, such as check tinting and data procesain companies. In addption, we may share any of a categories of Customer Information with companies that work for us in order to provide marketing support and other services, such as a service provider that distributes marketing materials. These companies may help us to market our own products and services or other products and services that we believe may be of interest to you. Please note that some of our own rovide marketing support and other companies may pll. services for us as we Sharing e information with third parties {for customers with credit cards and Sponsored Accounts) W may share identification Information, Transaction and erience Information, as well as Other General ormation we collect about each of your (1) Bank of America credit card account(s) and (2) Sponsored Accounts I Bank of America, with selected thirdd 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 b Bank of America that are also endorsed, co-branded ?or sponsored by other organizations. Examples of these organizations include colleges, sporting teams, retailers and other affinity organizations, such as charities. Sponsored Accounts may include deposit accounts or other banking services provided by Bank of America, such as a savings account co-branded with an automobile club. You will know whether an account is a Sponsored Account by the appearance of the name or logo of the sponsoring organization on account materials, such as statements and marketing materials. If you are unsure whether an of your accounts are Sponsored Accounts, please contact 1.888.341.5000. We may share information about credit cards and Sponsored Accounts with selected third parties, including • Financial services companies (such as insurance agencies or companies and mortgage brokers and organizations with whom we have agreements to as retailers, travel Managing information within Bank of America Other co Bank of erica is made up of a number of companies, The sharing o including financial service providers, such as our brokerage limited to crei company and credit card company, and nonfinancial Please see Se companies, such as our operations and servicing how you may( subsidiaries. Disclosing in Bank of America may share any of the categories of We also mayy Customer Information among our companies. For example, Information to as as honoring our e opt out of his ion in other sit e any of the ca bureaus and sim pries of Customer organizations and when required or permitted by law. For example, Customer Information may be disclosed in connection with fraud prevention or investigation, risk management and security, and recording mortgages in public records. 4. Honoring your preferences You have choices when it comes to how Bank of America shares and uses information. Sharing information with third parties (for customers with credit cards and Sponsored Accounts) If you have a Bank of America credit card or Sponsored Account, you may request that we not share information about these accounts with third parties. If you request that we not share information with third parties, we may still share information: Where permitted or required by law as discussed in Section 3 under Disclosing information in other situations; With our service providers as discussed in Section 3 under Managing information with companies that work for us; and With other financial companies with whom we have joint marketing agreements. If you, have multiple credit cards or Sponsored Accounts, you will need to express your preference far each account separately. When any customer on a joint account requests that we not share with third parties, that preference is applied to the entire account. Sharing among Bank of America companies You may request that Application Information, Consumer Re ort Information and Information from Outside Sources no be shared among Bank of America companies. For sharing among Bank of America companies, each customer may tell us his or her references individually, or you may tell us the preferences for any other customers who are joint account owners with you. Direct marketing You may choose not to receive direct marketing offers - sent by postal mail, telephone and/or e-mail - from Bank of America. These preferences apply to all marketing offers from us and from companies working for us. To minimize the amount of telephone solicitation our customers receive Bank of America does not offer nonfinancial products ana services through telephone solicitations. Direct marketing offers from us may include information about products and services we believe may be of interest to you. If you elect not to receive direct marketing offers by postal mail, telephone and/or e-mail, please note that we may continue to contact you as necessary to service your account and for other nonmarketing purposes. You may also be contacted by your client relationship manager or assigned account representative, if applicable. Bank of America may also continue to provide marketing information in your regular account mailings and statements, including online and ATM communications. Each customer may opt out of each direct marketing opption individually. Since marketing programs may already be in progress, it may take up to 12 weeks for your postal mail opt-out, to be fully effective. When you opt out of direct marketing by postal mail or telephone, your opt-out will last for ive (5 years. After that, you may choose to renew our opt-out for another five-year period. 5. Actions you can take You can tell us your preferences by: • Notifying us at bankofamerica.com/privaccy and entering your information on our secure Web site Calling us toll free at 1.888.341.5000 Talking to a customer representative at a banking center or to your client relationship manager 6. Guarding your own information Bank of America recommends that you take the following precautions to guard against the disclosure and unauthorized use of your account and personal information: Review your monthly account statements and report any suspicious activity to us immediately. Do not respond to a-mails requesting account numbers, passwords or PINs. Call the institution to verify the le 'timacy of the e-mail. Memorize PINs and refrain from writing PINs, Social Security numbers debit or credit card numbers where they could be found. Shred documents containing any sensitive information before discarding, e.g. bank statements. Confirm that an Internet site is secure by checking that the URL (Web address) begins with "https". Review your credit report at least once every year to i 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 ma contact the Federal Trade Commission (FT6 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. Keeping up to date with our Privacy Policy We may make changes to this policy at any time and will inform you of changes, as required by law. To receive the most up-to-date Privacy Policy, you can visit our Web site at: bankofamerica.com/privacy or call us at 1.888.341.5000. 7. Bank of America companies This Privacy Policy applies to the following Bank of America companies that have consumer customer relationships: Banks and Trust Companies Bank of America, NA. Bank of America Trust Company of Delaware, N.A. United States Trust Company, NA. U.S. Trust Companv of Delaware Bank of America Consumer Card Services, LLC Services, L.P. Bank of America Capital Advisors LLC Banc of America Finance Services, Inc. Banc of America Investment Advisors, Inc. Banc of America Investment Services, Inc. LLC )rs, Inc. vent. L.P. Maraico Capital Management, LLC UST Advisers, Inc. U.S. Trust Hedge Fund Management, Inc. UST Securities -Corp. White Ridge Investment Advisors LLC BA Insurance Services, Inc. Banc of America Agency, LLC Banc of America Agency of Nevada Inc. Banc of America Agency of Texas, Inc. 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 Company 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.ca rivacy. This policy a li es to consumer customer relationships established in thepUnited States and is effective January 1 2008. This notice constitutes the Bank of America Do Not 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; such as Vermont and Calif infia. To the extent these state laws apply, we will comply with them with regard to our information practices. For Nevada residents only. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 East Washington Street, Suite 3900, continued) Las Veggaas, NV 89101; phone number: 702.486.3132; e-mail: BCPINFI(O@ag.state.nv.us. Bank of America, PO Box 25118, FL1-300-02-07, Tampa, FL 33633-0900. For Vermont and California residents only. The information sharing practices described above are in accordance with federal law. Vermont and California law lace additional limits on sharing information about 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 coftect 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 share Application Information Consumer Report Information and Information from Outside Sources about Vermont residents among the Bank of America companies except with the authorization or consent of the Vermont resident. California: In accordance with California law, Bank of America will not share information we collect about California residents with companies outside of Bank of America, except as permitted by law, such as with the consent of the customer, to service the customer's accounts, or to fulfill on rewards or benefits. We will limit sharing among our companies to the extent required by applicable California law. Eatas normas estdn disponibles en espanol a trains de la sucursal bancaria de su localidad m ® 2007 Bank of America Corporation. i? CREDIT CARD AGREEMENT YOUR CONTRACT WITH US We reserve the right to change the terms of this Agreement at any time, as ttr7her described in the section titleck We May Amend This Agreement. WORDS USED OFTEN IN THIS AGREEMENT "Access check" means a check we provide to you to obtain credit on your account. "Agreement" or "Credit Card Agreement" means this document and any changes we make to this document from time to time. "APR" means the correspondin Annual Percentage Rate. The APR corresponds to the > aily Periodic Rate ("DPR' ) which is calculated by dividing the corresponding APR by 365. "Card" means all the credit cards we issue to you and to any other person with authorization for use on this account pursuant to this Agreement. "Default Rate" means the APR(s) which may be applied to Balance Transfers, Cash Advances, and Purchases without further notice in certain instances of your default, as described in the section titled, Annual Percentage Rates. "Foreign Transaction" means any transaction made in a foreign currency (including, for example, online purchases from foreign merchants). "Grace Period" means the period of time during a billing cycle when you will not accrue Periodic Rate Finance Charges on certain transactions or balances. "New Balance Total" means the total billed amount as of the Closing Date of a billing cycle, as shown on -your monthly statement. To determine the New Balance Total, we start with the total balance at the beginnin of the billing cycle, which is the "Previous Balance." en we subtract payments and credits. Then we add Cash Advances, Balance Transfers, Purchases and Adjustments and finance charges. 'Tay in Full" or "Paid in Full" means payments and credits in a billing cycle totaling at least your previous billing cycle's New Balance Total. In general, Pay in Full must be made by the Payment Due Date in order to get a Grace Period. "Promotional Offer" means limited time introductory or promotional offers on certain Balance Transfers, Cash Advances or Purchases at APRs that are lower than the Standard Rates for those features ("Promotional Rates") and may be subject to other conditions. Promotional Offers ma also include limited time introductory or promotional transaction fees ("Promotional Fees") which may be higher or lower than the standard fees provided in the section titled Transaction Fee Finance Charges. Promise To Pay, and How We Allocate Your Payments). OTHER TERMINOLOGY We will use the definitions described under the section heading Words Used Often In This Agreement or as otherwise defined in this Agreement. If we use a capitalized term in this document but we do not define the term in this document, the term has the meaning as used in your monthly statement. We use section headings (e.g, Words Used Often In This Agreement) to organize this Agreement. The 1 eadings are for reference purposes only. HOW TO USE YOUR ACCOUNT You may obtain credit in the form of Balance Transfers, Cash Advances, and Purchases by using cards, access checks, your account number, or other credit devices. "Balance Transfer" means a transfer of funds to another creditor initiated by us at your request. A Balance Transfer does not include a transaction that is otherwise a Cash Advance. Balance Transfers include Transaction Fees and adjustments associated with any Balance Transfer. "Cash Advance" means the use of your account for a loan obtained: 1. at an automated teller machine ("ATM Cash Advance"); 2. by a transfer of funds to a deposit account initiated by us at your request. ("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) ("Bank Cash Advance"); 4. as part of an Overdraft Protection Program - a transfer of funds to a deposit account pursuant to an overdraft protection program ("Overdraft Protection Cash Advance"); 5. to buy "Cash Equivalents" (i.e., foreign currency, money orders or travelers checks from a non-financial institution, or person to person money transfers, bets, lottery tickets, casino gaming chips, fines or bail bonds) with your card; 6. by an access check you sign as drawer ("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"). uasn Aavance-- inciuaes lransaccion r ees anu aajustments "Standard Rate" means the APR(s) normally in effect for associated with any Cash Advance. Balance Transfers. Cash Advances. and Purchases. "We", "us" "our" and "FIACS" means FIA Card Services, NA., also known as Bank of America. "You" and "your" mean each and all of the persons who are granted, accept or use an account we hold. '`You" and "your" also mean any other person who has guaranteed payment of this account, when used in the sections titled Your Contract With Us, We May Monitor And Record Telep4+ ne Call and Arbitration and Litigation, and when used in each of the sections relating to payment of this account (e.g., Your "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 w (continued) Fees and adjustments associated with any Purchase. ANNUAL PERCENTAGE RATES This section provides the Standard Rates, Default Rates and Promotional 'Offers applicable to your account. Balance Transfers: The Standard Rate for Balance Transfer balances is a correspondin ANNUAL PERCENTAGE RATE of 9.90%(0.027123 DPR). Cash Advances: The Standard Rate for Cash Advance balances is a corresponding ANNUAL PERCENTAGE RATE of 24.99%(0.068466% DPR). Purchases: The Standard Rate for Purchase balances is a corre onding ANNUAL PERCENTAGE RATE of 9.90%0.027113% DPR). 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 giving you additional notice, each time you have two "d"efault re-ppricing events" in any twelve rolling consecutive billing cyciea. A default re-pricing 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 an time in a billing cycle We may elect to set your APRs for Balance Transfer, Purchase balances to different Default are variable rates calculated using t Rate formula with a margin of up such APR increase will be en billing cycle in which the si occurs. With each additions will again determine whethe re-pricing events in the prey cycles. A1I Default Rates w make each Total Minimum Due Date and do not exce consecutive billing c eles= sta after the Default rate is in of the margien fo points. of these Standardg Rates. These there 2008 then this Promotional Offer will apply to eligible transactions postin to your account through your statement Closing gDate in February 2009 and this Promotional Offer will end on your statement Closing Date in February 2009. If an eligible transaction does not post to your account by your statement Closing Date in August 2008, then the Promotional Offer will end on your statement Closing Date in August 2008. Check Cash Advances bearing Offer ID H6BHKF17MB and Direct Deposits which get this Promotional Offer will post to your account as Balance Transfers. During the time in which you may make qualif ' g transactions under this Promotional Offer, they will be subject to the following Promotional Fees: Balance Transfers: 3.00% of each such q2uaMC transaction (Fee: Min. $10.00; Max. $99.00) (FIN 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 War turn-off event occurs then this Promotional Offer will end as of the first day o? that billing cycle. This means that this Promotional Rate will not be in effect in that billing cycle. intaaw?ee- Promotional Offer ID HeBHKR7MC. The Promotional ?1RE Rate for this Promotional Offer is a corresponding Each ANNUAL PERCENTAGE RATE of 1.99% (0.00545290 of the DPR). event it we This Promotional Offer applies to Purchases each at least efault $500.00 (each an "eligible transaction" for this Promotional )illing Offer). ill remain in effect until you Payment Due by its Payment ?ed your credit limit or six rting with the first bm%in cycle feet. At that time we will lower variable APRs by at least two will be your new variable Promotional Offers: From time to time we may make Promotional Offers on certain new Balance Transfers Cash Advances, and Purchases. When a Promotional Offer ends, its Promotional Rates will terminate. Any Balance Transfer, Cash Advance or Purchase balance subLect to that Promotional Offer wilt return to its respective tandard Rate or Default Rate as applicable. . Advances and Direct Deposits are Cash iowever if Check Cash Advances or Direct identified in the Promotional Offer as "poeti :e Transfer" and qualify for the Promotional the resultingg promotional balances will be the Balance Transfer balance and will get the ansfer Standard Rate or if applicable, the Rate for this Promotional Offer is a correspondin ANNUAL PERCENTAGE RATE of 1.99% (0.005452 DPR). This Promotional Offer applies to Balance Transfers Direct Deposit Cash Advances and Check Cash Advances bearing this Promotional Offer ID (each an "eligible transaction" for this Promotional Offer). This Promotional Offer applies to new eligible transactions beginning on May 18, 2008. If an eli ble transaction posts to your account by your statement osing Date in August This Promotional Offer applies to new eligible transactions beginning on June 2008. 11' an eligible transaction posts to your account by August 2008 then this Promotional Offer will apply to ell ble transactions posting to your account through your staement Cloning Date in January 2009 and will end an your statement Closin this Promotional in Date in January 2009. If an eligible transaction does not ppost to your account by August 1 2008, then the Yromational Offer will end on August 1, X008. This Promotional Offer may end at any time if there is a "promotion turn-off event. A promotion turn-off event means: (1) that any Total Minimum Payment Due is not received by its Payment Due Date; or (2) that your total outstanding balance exceeds your credit limit on any statement Closing Date. If a promotion turn-off event occurs then this Promotional Offer will end as of the first day of that billing cycle. This means that this Promotional Rate will not be in effect in that billing cycle. Promotional Offer ID H6BHKH7MD: The Promotional Rate for this Promotional Offer is a corressppondin ANNUAL PERCENTAGE RATE of 1.99% (0.005452W DPR). Balance Transfer Default Rate when tie Promotional Offer ends, instead of the Cash Advance Rate. In addition, these This Promotional Offer applies to Balance Transfers Direct transactions will get the Balance Transfer transaction fee if Deposit Cash Advances and Check Cash Advances bearing they qualify for the Promotional Offer. this Promotional Offer ID (each an "eligible transaction" for this Promotional Offer)- 0, motional Offer ID H6BHKH7MB: The Promotional This Promotional Offer a pplies to new eligible transactions beginning on June 13, 208. If an eli ' le transaction posts to your account b your statement Closing Date in August 2008 then this promotional Offer will appp?ly to eligible transactions posting to our account through your statement Closing Date in March 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 by your statement Closing Date in August 2008, then the Promotional Offer will end on your statement Closing Date in August 2008. Check Cash Advances bearing Offer ID H6BHKH7MD and Direct Deposits which get this Promotional Offer will post to your account as Balance variable rates is 5.25% and was determined on June 30, Transfers. 2008. 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 qualify?'n transaction (Fee: Min. $10.00; Max. $99.00) (FINANCE CHARGE). This Promotional Offer may end at any time if there is a promotion turn-off event.' A promotion turn-off event means: (1) that any Total Minimum Payment Due is not received by its Payment Due Date; or (2) that our total outstanding balance exceeds your credit limit on any statement Closing Date. If a promotion turn-off event occurs then this Promotional Offer will end as of the first day of that billing cycle. This means that this Promotional Rate will not be in effect in that billing cycle. An increase or decrease in the index will cause a 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 charges and have a higher Total Minimum Payment Due. If The 4Vall Street Journal does not publish the U.S. Prime Rate, or i c angel a definition of the U.S. Prime Rate, we may, at our sole discretion, substitute another index. CALCULATION OF PERIODIC RATE FINANCE CHARGES We calculate Periodic Rate Finance Charges by multiplying each Balance Subject to Finance Charge by its applicable DPR and that result by the number of days in the billing cycle. When Periodic Rate Finance Charges accrue on a Balance Transfer, Cash Advance or Purchase balance, those finance charges become part of that respective Balance Promotional Offer ID H6BHKH7MF: The Promotional Transfer, Cash Advance, or Purchase balance. Rate for this Promotional Offer is a correspondin ANNUAL PERCENTAGE RATE of 1.99% (0.005452 DPR). This Promotional Offer applies to Balance Transfers Direct Deposit Cash Advances and Check Cash Advances bearing this Promotional Offer ID (each an "eligible transaction" for this Promotional Offer). This Promotional Offer applies to new eligible transactions beginning on Jul 13, 2008. If an eligible transaction posts to your accoM by your statement Closing Date in September 2008 then this Promotional Offer will apply to eligible transactions postingg to your account through your statement Closing Date in A ril 2009 and this Promotional Offer will end on your statement Closing Date in April 2009. If an eligible transaction does not post to your account by your statement Closing Date in September 2008 then the Promotional Offer will end on your statement Gslosing Date in Se tember 2008 Check Cash Advances bearing BILLING CYCLE Your billing cycle ends each month on a Closing Date determined ley us. Each billing cycle begins on the day after the Closing Bate of the previous billing cycle. Each monthly statement reflects a single billing cycle. TO WHEN P E ODIC RATE FINANCE CHARGES BEGIN ACCR Each new Balance 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. Offer ID H6BHKH7MF and Direct Deposits which het this Unless subject to a Grace Period, each new Purchase begins Promotional Offer will post to your account as Balance to accrue subject Rate Finance Charges on its transaction Transfers. date or the first dap of the billingg cycle, whichever date is later. Unless subject to a Grace Yenod, Purchase balances During the time in which you may make qualifying remaining from previous billing cycles accrue Periodic Rate transactions under this Promotional Offer, they Fir _e Finance Charges from the first day of the billing cycle. subject to the following Promotional Fees: Balance Transfers: 3.00% of each such ng transaction (Fee: Min. $10.00; Max. $99.00) (F?N CE CHARGE). This Promotional Offer may end at any time if there is a "promotion turn-off event. A promotion turn-off event means: (1) that any Total Minimum Payment Due is not received by its Payment Due Date; or (2) that your total outstanding balance exceeds your credit limit on any statement Closing Date. If a promotion turn-off event occurs then this Promotional Offer will end as of the first day of that billing cycle. This means that this Promotional Rate will not be in effect in that billing cycle. However, if a promotion turn-off event occurs during the billing cyclthat includes August 13, 2008 then this the Offer will end on the last day of thai billing cycle. VARIABLE RATE INFORMATION We will use the following variable rate formula for variable Standard Rates, variable Default Rates and variable Promotional Rates. All variable rates are calculated by adding together an index and a mrgi nFor each variable rate, the applicable margin is disclosed above in the section titled, Annual Percentage Rotes. This index is determined on the last business dap of each month ("determination date") and is the highest U.S. Prime Rate as published in the 'Money Rates" section of The Wall Street journal at any time within the imme a e y prece ing ee-months, including the month in which the index was determined. The index used to calculate these When applicable, Periodic Rate Finance Charges accrue daily and compound daily on new balances, and balances remaining from previous billing cycles. Periodic Rate Finance Charges will continue to accrue even though you have paid the full amount of any related balances because we include any accrued but unpaid finance charges in the calculation of each Balance Subject to Finance Charge. Your Payment Due Date will be at least 20 days from your statement Closing Date. You do not have a Grace Period for Balance Transfers or Cash Advances. You will have a Grace Period on new Purchases, in a billing cycle in which you Pay in Full from the day after the Pay in Full date until the end off' that billing cycle. You will have a Grace Period for an entire billing cycle on new Purchases and on Purchase balances remaining from previous billing cycles if you Pay in Full by the Payment Due Date in that cycle and if during the previous billing cycle you Paid in Pi ll. CALCULATION OF BALANCES SUBJECT TO FINANCE CHARGE Average Balance Method (including new Balance Transfers and new Cash Advances): We calculate separate Balances Subject to Finance Charge for Balance Transfers, Cash Advances, and for each Promotional Offer balance consisting of Balance Transfers or Cash Advances by: (1) calculatin a dailyy balance for each day in the current billing cycle; (2) calculatin a daily balance for each day prior to the current billing cycle that had a "Pre-Cycle (continued) balance" --a Pre-Cycle balance is a Balance Transfer or a Cash Advance with a transaction date prior to the current billing cycle but with a postingg date within the current billing cycle; (3) adding all the dail balances together; and (4) dividing the sum of the daily balances by the number of days in the current billing cycle. ?e MWE the begixining balance attributable solely to a lire-C 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 Rafe multiplied by the previous day's daily balance, and add only the a plicable Pre-Cycle balances, and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles. current ? iris cyc e a a e y To calculate the daily balance for each day in the current billing cycle, we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied by the revious day's daily balance, add new -Balance Transfers, 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 b'll' 1 th t h d a Pr -C cle balance we take Average, Daily Balance Method (including' new Purchases): We calculate separate Balances Subject to Finance Charge for Purchases and for each Promotional Offer balance consistin of Purchases by: (1) calculating a daily balance for each day in the current bMin cle; (2) adding all the daily balances together; and (3? dgivii ing the sum of the daily balances by the number o days in the current billing cycle. To calculate the daily balance for each day in the current bilh cycle, we take the begr' balance add an amount equaigto the applicable DazZy Periodic Rafe multiplied by the previous day's daily balance, add, unless subject to a Grace Period new Purchases, new Account Fees, and new Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. If in the current billing ccyycle you Pay in Full, then on the day after that Pay in FS date, we exclude from the beginiung balance new Purchases, new Account Fees and new Transaction Fees which posted on or before the 13ay in Full date. We include the costs for credit card debt cancellation or credit insurance purchased through us in calculating the beginning Purchase balance for the first day of the billing cycle after the billing cycle in which such costs are billed. MINIMUM FINANCE CHARGE If the total of the Periodic Rate balances is less than $1.50, then CHARGE of $1.50 will be assessed any Periodic Rate Finance Charge. 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 transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Direct Deposit, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you make a Foreign Transaction we will assess a transaction fee (FINAIQCE 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) equal 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 following fees are assessed as Purchases in the Billing Cycle in which the fees accrue: A Late Fee if the Total Minimum Payment Due shown on your month'1y statement is not received by us on or before its Payment Due Date. On the Late Fee transaction date: if the total outstanding balance is $100.00 or less, the Late Fee will be $n.00; if the total outstanding balance is greater than $100.00 but $250.00 or less, the Late Fee will be 29.00; if the total outstanding balance is eater than $250.00, the Late Fee will be $39.019. A Returned. Payment Fee of 39.00 if a payment on your account is returned for insufficient funds or for any other reason, even if it is paid upon subsequent presentment (if we elect to re-present the payment). A Returned Access Check Fee of $39.00 if we return an access check unpaid for any reason, even if the access check is paid upon subsequent presentment. A Copy Fee of $5.00 for each copy of a monthly statement or sales draft, except that the six most recent monthly statements and one sales draft will be provided for free. Finance Char es for all An Abandoned Property Fee equal to any costs incurred by a minimum es us for complying with state abandoned property laws, unless an the account in lieu of prohibited-by applicable law. TRANSACTION FEE FINANCE CHARGES We will assess the following Transaction Fees to your Account in the same balance category to which the transaction is posted: If you obtain an ATM Cash Advance, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Balance Transfer we will assess a transaction fee (FINANCE CHARGt) 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). If you obtain a Cash Equivalent we will assess a transaction fee (FINANCE CHARGM equal to 3.00% of OVERDRAFT PROTECTION If your checking account with Bank of America is linked to this account, this overdraft protection feature will allow funds to be transferred ("overdraft protection transfers") from this account into your designaed checking account with Bank of America C'checking accoun) 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 daho $50 if your checking account is opened with 1 ilitary Banff increment upp to yaur available credit l"nut, regardless of who initiated the overdraft transactions. For example, if your checkin account has a balance of $1.00 and a check or other debt item for $125 is presented for pa ent, 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 excludin any overdraft protection fee)- otherwise one or more of f 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 pprotection 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 our checking account with Bank of America, any related enrollment agreement, and this Agreement. SIGN YOUR CARD You should sign your card before you use it. WE MAY MONITOR AND RECORD TELEPHONE CALLS 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 representates or the representatives of any of those companies. Where you have provided a cell phone number directly to us, or placed a cell phone call to us you consent and agree to accept collection calls to your cell hone from us. For any telephone or cell phone calls we place to you, you consent and agree that those calls may be automatically dialed and/or use recorded messages. CREDIT REPORTING AGENCIES; COLLECTING AND SHARING INFORMATION You authorize us to collect information about you in order to conduct our business and deliver the top quality service you expect, including information we receive about you information we receive from third partier such as credii reporting agencies and information about your transactions with us an other companies. You authorize us to share such information abouf you or your account with our affiliates and others. You may have the right to opt out of some information sharing. For more details, please refer to our Privacy Policy. If you believe we have furnished inaccurate or incomplete information about you or our account to a credit reporting Y ency, write to us at: FIA Card Services NA., Credit ortmg A? encies, P.O. Box 17054, Wi6un on DE 19$4-7(T54. 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 purposes. You may not use a Balance Transfer, or Check Cash Advance, or any other Cash Advance, to make a payment on this or any other credit account with us or our affiliates. You may not use or permit your account to be used to make any illegal transaction. You will only use your account for transactions that are legal where you conduct them. For example, Internet gambling transactions may be illegal in your state. Display of a payment card logo by an online merchant does not mean that an Internet transaction is legal where you conduct it. We may charge your account for such transactions. We will not be liable if you engage in an illegal transaction. We may deny authorization of any transactions identified as Internet gambling. PERSONS USING YOUR ACCOUNT If you permit any person to use your card, access checks, account number, or other credit device with the authorization to obtain credit on your account, you may be *V liable for all transactions made by that person including transactions for which you may not have intended to be liable, even if the amount of those transactions causes your credit limit to be exceeded. Authorized users of this account may have the same access to information about the account and its users as the account holders. We may send account materials (cards, statements and notices) to any liable arty, and that person will be responsible for delivering hose 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 accouni 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 legally prevented from denying that you did so. You must hunk 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 making any purchases, casii advances, balance transfers and allowing others to use your account. Your account does not permit you to limit the nature or amount of authority you give to any authorized user and you will not attempt to do so. An authorized user's authority will continue until you both notify us that you are terminating the authority and you physically retrieve the card. If you cannot retrieve the card, you will remain liable for any transactions that we cannot prevent after you notify us. YOUR PROMISE TO PAY You promise to pay us the amounts of all credit you obtain, which includes all Purchases, Cash Advances, and Balance Transfers. You also promise to pay us all the amounts of finance charges, fees, and any other transactions we charge to your account. If a bank branch or office sponsors your account, you promise to pay it any unpaid account balance it pays us within 30 days. PAYMENTS ON YOUR ACCOUNT You must pay each month at least the Total Minimum Payment Due shown on your monthly statement by its Payment Due Date. Your Payment Due Date may vary from month to month. Payments must conform to the requirements set out on that monthly statement; these requirements may vary without prior notice. You may pay the entire amount you owe us at any time. Payments made in any billing cycle that are greater than the Total Minimum Payment Due will not 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 amounta. We will re ect pa ents that are not drawn in U.S. dollars and those drawn on a financial institution located outside of the United States. We reserve the right to reect any payment if your account has a credit balance i as of he. day we receive that payment. Generally, credits to your account, such as those generated by merchants or by person-to-person mono transfers are not treated as payments and will not reduce your 'dotal Minimum Payment Due. ACH PAYMENTS We process most payment checks electronically. We use the information on our check to create an electronic funds transfer. Each time you send a check, you authorize a one-time electronic funds transfer. You also authorize us to pp.rocess your check as a check or paper draft, as necessary. r'unds may be withdrawn from your account as sooa as the same day we receive your payment. You will not receive yyour cancelled check because we are required to destroy it. We will retain an electronic copy. For more information or to sto the conversion of your checks into electronic funds transfers, call us at the phone number listed on the front of your monthly statement. You may also write to us at: P.O. Box 15019, Wilmington, DE 19850-5019. TOTAL MINIMUM PAYMENT DUE You may pay your total outstanding balance at any time. ?u continued) Each billing cycle, you must pay at least the Total Minimum Payment Due shown on your monthly statement by its Payment Due Date. The Total Minimum Payment Due is the sum of all past due amounts plus the Current 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 billinj cycle we will recalculate the Total Minimum Paymen Due for the billing cycle in which the payment was originally credited. WHEN YOUR PAYMENT WILL BE CREDITED TO YOUR ACCOUNT We credit payments as of the date received, if the payment is: (1) received by 5 p.m. Eastern time; (2) received at the address shown in the upper left-hand corner of the front of your monthly statement; (3) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (4) sent in the return envelope with only the op portion of your statement accompanying it. Payments received after 5 p.m. Eastern time on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. Credit for any other payments may be delayed up to five days. HOW WE ALLOCATE YOUR PAYMENTS We will allocate our payments in the manner we determine. In most instances, we will allocate your payments to balances (including transactions made after your latest statement) with lower APRs before balances with higher APRs. This will result in balances with lower APRs (such as new balances with promotional APR offers) being paid before any other existing balances. PROMISE TO PAY APPLIES TO ALL PERSONS All persons who initially or subsequently request, accept, guarantee or use the account are individually and together responsible for any total outstaredu'? balance. If you and one or more person are responsible to pay any total outstanding balance we may refuse to release any of you from liability until ail of the cards, access checks and other credit devices outstanding under the account 'have been returned to us and you repay us the total outstanding balance owed to us at any -time under the terms of this Agreement. DEFAULT You will be in default of this Agreement if: (1) you fail to make any required Total Minimum Payment Due by its Payment Due Date; (2) your total outstanding balance exceeds your credit limit; or (3) you fail to abide by any other term of this Agreement. Our failure to exercise any of our rights when you default does not mean that we are unable to exercise those rights upon later default. WHEN WE MAY REQUIRE IMMEDIATE REPAYMENT If you are in default, then in addition to our other remedies under this Agreement, we can require immediate payment of your total outstanding balance and, unless prohiited 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 withou losin any of our rights under this Agreement. This means t no payment, including those marked with "paid 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 to the person that presented it, without in either case waiting for the date shown on the check. We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take. PAYMENT HOLIDAYS AND REDUCED PAYMENT OFFERS We may allow you, from time to time, to omit a monthly payment or make a reduced payment. We will notify you. when these options are available. If you omit a payment, or make a reduced payment, finance charges applicable fetes, and other regular transactions, if any, will accrue on your account balances in accordance with this Agreement. The reduced payment amount may be less than your finance charges. You must make the reduced payment on time to avoid a late fee. You must resume making your regular Total Minimum Payment Due each month following a payment holiday or reduced payment offer. WHAT WE MAY DO IF YOU ATTEMPT TO EXCEED YOUR CREDIT LIMIT The total outstanding balance on your account plus authorizations at any time must not be more than our credit limit. If you attempt a transaction which results in your total outstanding balance (plus authorizations) exceeding your credit limit, we may: (1) permit the transaction without raising your credit limit; (2) permit the transaction and treat the amount of the transaction that is more than the credit limit as immediately due; or (3) refuse to permit the transaction. If we refuse to permit the transaction, we may advise the person who attempted the. transaction that it has been refused. If we refuse to permit a Check Cash Advance or Balance Transfer we may do so by advising the person resenting the Check Cash Advance or Balance Transfer that credit has been refused that there are insufficient funds to pa the Check Cash Wdvance or Balance Transfer, or in anv 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 promotion turn-off event, we may also charge an O T'mit Fee as provided in this Agreemelit. WE MAY AMEND THIS AGREEMENT We may amend this Agreement at any time. We may amend it by addfnu? deleting, or changing provisions of this Agreement. V4e may increase or decrease any or all of your APRs. We may increase any or all of your APRs to rates which exceed the Default Rate. When we amend this Agreement we will comply with the applicable notice requirements of federal and Delaware law that are in effect at that time. The amended Agreement (including any higher rate or other higher charges or fees) will apply to the total outstanding balance, including the balance existing before the amen ent became effective. If an amendment gives ou the opportunity to reject the change, and if ou 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 anyone authorized to charge transactions to your account, such as internet service providers, health clubs or insurance companies. These transactions may continue to be charged to your account until you change the billing. Also, if we believe you have authorized a transaction or are 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 by providing us with the access check number, dollar amount and payee exactly as they appear on the access check Orat and written stop pa ent requests on an access check are effective for six months from the day that we place the stop payment. YOU MAY NOT POSTDATE AN ACCESS CHECK You may not issue a postdated access check on your account. If you do postdate an access check, we may elect to honor it upon presentment or return it unpaid to the person that presented it to us for payment, without in either case waitin for the date shown on the access check. We are not liable o you for any loss or expense incurred by you arising out of the action we elect to take. TRANSACTIONS MADE IN FOREIGN CURRENCIES If you make a transaction in a foreign currency, the transaction will be converted by Visa International or MasterCard International, depending on which card you use, into a U.S. dollar amount in accordance with the operating regulations or conversion procedures in effect at the time the transaction is processed. Currently, those regulations and procedures provide that the currency conversion rate to be used is either (1) a wholesale market rate or (2) a government-mandated rate in effect one day prior to the processing date. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or posting date. We may offer you certain benefits and services with your account. Any 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 claim, or dispute related to any such benefit or service shall be subject to the Arbitration and Litigation section of this Agreement. We may adjust, add, or delete benefits and services at any time and without notice to you. WE MAY SELL YOUR ACCOUNT We may at any time, and without notice to you, sell, assign or transfer your account, any sums due on your account, this Agreement, or our righs or obligations under your account or this Agreement to any person or entity. The person or entity to whom we make any such sale, asstgqnnwent or transfer shall be entitled to all of our rights and Tor 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 N 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 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 1.800.789.6701. ARBITRATION AND LITIGATION This Arbitration and Litigation provision applies to you unless you were ,given the opportunity to reject the Arbitration and Litigation provisions and you did so reject them in the manner and timeframe required. If you did reject effectively such a provision, you agreed that any liti ation brought by you against us regarding this account or 9-s Agreement shall be brought in a court located in the State of .Delaware. Any claim or dispute ("Claim") by either you or us against the other, or against the employees, agents or assigns of the other, arising from or relating in any way to this Agreement or any prior Agreement or your account (whether. under a statute, mcon-tract, tort, or otherwise and whether for money damages, penalties or declaratory or equitable relief), shall, upon election by either you or us, be resolved by binding arbitration. The arbitrator shall resolve an Claims, including the applicabilittyy of this Arbitration and Litigation Section or the validity oi'the entire Agreement or any Prior Agreement, except for any Claim chall"en i the validiy of the Class Action-Waiver, 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 ma be selected at any time unless a judgment has been rendered or the other party would suffer substantial prejudice by the delay in demanding arbitration. The arbitration shall be conducted by the National Arbitration Forum ('NAF"), under the Code of Procedure in effect at the time the Claim is filed. Rules and forms of the National Arbitration Forum may be obtained and Claims may be filed at any National Arbitration Forum office, www.arb-forum.com. or P.O. Box 50191. Minneapolis, unable or unwilling to act as arbitrator, we may substitute another nationally recognized, independent arbitration organization that uses a similar code of procedure. At your written request, we will advance any arbitration filing fee, administrative and hearing fees which you are required to pay to pursue a Claim in arbitration. e arbitrator will decide who will be ultimately responsible for raying those fees. If you file a claim against us, in no evewill you be required to reimburse us for any arbitration filing, administrative or hearing fees in an amount greater than what your court costs would have been if the Claim had been resolved in a state court with jurisdiction. Any arbitration hearing at which you appear will take place within the federal judicial district that includes your billing address at the time the Claim is filed. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be overned by the Federal Arbitration Act, 9 U.S.C. $§ 1-16 `FAA")• Judgment upon any arbitration award may be entered in any court having r' (continued) iurisdiction. The arbitrator shall follow existing substantive aw to the extent consistent with the FAA and applicable statutes of limitations and shall honor any clauns or privile recoIlggnized by law. If any party requests, the arbitrator sha write an opinion containing the reasons for the award. Magi= own ° No Claim submitted to arbitration is heard by a 'ury or may be brought as a class action or as a privag attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim submitted to arbitration (Class Action Waiver). The parties to this Agreement acknowledge that the Class Action Waiver is material and essential to the arbitration . of an disputes between the parties and is nonseverable from this agreement to arbitrate Claims. If the Class Action Waiver is limited, voided or found unenforceable, then the parties' agreement to arbitrate (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the 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 and Litigation Section shall survive the termination of your account with us as well as any voluntary payment of the debt in full by you, any bankruptcy by you or sale of the debt by us. For the purposes of this Arbitration and Litigation Section, "we" and "us" means FIA Card Services, N.A , its parent, subsidiaries affiliates, licensees, predecessors successors, assigns, ana any purchaser of your account, and all of their officers. directors. emvlovees, agents and assigns or anv and or products in con t not limited to bureaus merchants that accept an credit device issued under ttie 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. YOUR BILLING RIGHTS Keep This Notice for Future Use:This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notifyy? Us in Case of Errors or Questions About Your Bill: If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet (or use a copy of the form P.O. ovided on your biII) at Bank of America Corporation, FBox 15026, Wilmington, DE 19850. Write to us as soon as possible. Do not send the notice on or with your payment. We must hear from you no later than 60 days after we sent you the first bill on which the transaction or error appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: (1) your name and account number; (2) the dollar amount of the suspected error. (3) the posting date of the transaction in question; and 4? a description of the error and an 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 automatically from your savings or checking account with us, you can stop, the payment on any amount you think is wrong. To stop te payment your letter must reach us three business days before the automatic payment is scheduled to occur. Your Rights and Our Responsibilities After We Receive Your Written Notice: We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you by, or report you as delinquent. We can continue to bill you for the amount you question} including finance charges, and we can ap ly any unpaid amount against your credit limit. You do not have to pay any qquestioned 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 ppa?y any finance charges related to any questioned amount. if we did not make a mistake, you may have to pa finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may reart you as delinquent. However, if our explanation does nol satisfy you and you write to us within twenty-five (25). days telling us that you still refuse to pay, we must tell anyone we re ort you to that you have a question about your bill, andpwe must tell you the name of anyone we report you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we do not follow these rules, we cannot collect the first $50 of the questioned amount, even if your bill was correct. Special Rule for Credit Card Purchases: If you have a problem with the 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 pay the remaining amount due on the roperty or services. 't'here are two limitations on this ri (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. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. 02007 Bank of America Corporation. All rights reserved. VERIFICATION I KARA, EG'ZI , hereby depose and state that: The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the foregoing document and the factual information contained therein is true and correct to the best of my personal knowledge. I am the Authorized Representative and a duly authorized representative of the plaintiff; The factual allegations set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief, and they are that WILLIAM HERSH, JR. owes the balance of $7,095.28 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: Author 4d Representative Dated: S E P 2 2 2009 (PA-NJ 3.01.09) f rRY r, nft?n ?q.? ! 21LP;`1 ED C' 1 f-7 its tf s ?k- 356 -7 ??? D 6 d ?? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff t"Y ? ti,n v1. unGrfit444 Jody s smith Chief Deputy 20 10 J H 21 `M 8: kx 6` Edward L Schorpp Solicitor R Cach, LLC Case Number vs. William H Hersh, Jr 2009-8677 SHERIFF'S RETURN OF SERVICE 12/28/2009 07:20 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 28, 2009 at 1920 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: William H. Hersh Jr., by making known unto Victoria Hersh, Wife of defendant at 112 Hill Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 January 19, 2010 SHERIFF is ceic''Suitr She, 'f ie'."::soft Irv;. SO ANSWERS, Harrison Ross Byck, Esq., P.C. Attorney I.D. 61511 229 Plaza Blvd. Suite 112 Morrisville, PA 19067 1-888-275-6399 // (215) 428-0666 Attorney for Plaintiff CACH, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, ) NO: 2009-08677 vs. ) WILLIAM HERSH JR Defendant(s). ) To: WILLIAM HERSH JR 112 HILL LANE MECHANICSBURG, PA 17050 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: By: ?)-? ) ? a??4fty X Judgment by Default - Money Judgment - Judgment in Replevin Judgment for Possession - Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Verdict If you have any questions concerning the above, please contact: ATTORNEY: HARRISON ROSS BYCK, Esquire at 215-428-0666 or 1-888-275-6399 Harrison Ross Byck, Esq., P.C. Attorney I.D. No. 61511 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 RLED-" 2010 FEB 26) F11 52 1-888-275-6399// (215) 428-0666 Cut;r i CACH, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff(s), ) NO: 2009-08677 vs. ) WILLIAM HERSH JR PRAECIPE TO ENTER Defendant(s). ) JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Please enter a Default Judgment in favor of plaintiff, CACH, LLC, and against the defendant(s), WILLIAM HERSH JR, for failure to answer or otherwise respond to the Complaint in Civil Action. The Complaint was served upon the defendant(s) on December 28, 2009. A copy of the proof of service is attached hereto as Exhibit "A". A copy of the Notice of Intention to take Default mailed to defendant(s) WILLIAM HERSH JR by regular United States mail, postage paid, on FEBRUARY 4, 2010, is attached hereto as Exhibit "B". Assess damages in the amount of $ 10577.74 as follows: [a] $ 7095.28 principal being sought in the Complaint; [b] and $ 2063.40 interest being sought in the Complaint; [c] and reasonable attorney's fees of $ 1419.06, or $ 150.00 per hour, [d] and Court Costs of $ 0.00, [e] and Costs of Service of $0.00. Date: February 19, 2010 By: Allan C. Smith, Esq. Attorney I.D. No. 204756 V/,!.DG ?'k- &? eK*-4 -Z(.. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff rrl7j?A jtjp st Csttnb Jody S Smith Chief Deputy Edward L Schorpp Solicitor OFFICE OF NE S-*ERIFF Cach, LLC Case Number vs. William H Hersh, Jr 2009-8677 SHERIFF'S RETURN OF SERVICE 12/28/2009 07:20 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 28, 2009 at 1920 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: William H. Hersh Jr., by making known unto Victoria Hersh, Wife of defendant at 112 Hill Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 SO ANSWERS, January 19, 2010 FoNfYR)rDE SON, SHERIFF.- 3y ici CounzySuito Shei ff. Teiaosc l L':: Harrison Ross Byck, Esq., P.C. Attorney I.D. 61511 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 1-888-275-6399H (215) 428-0666 Attorney for Plaintiff CACH, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, ) NO: 2009-08677 VS. ) WILLIAM HERSH JR Defendant(s). CERTIFICATE OF SERVICE OF NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT I, ALLAN C. SMITH, ESQ., of full age, certify that I mailed a copy of the annexed NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT upon defendant WILLIAM HERSH JR by United States mail, postage prepaid and certified mail, on FEBRUARY 4, 2010 at his/her last address of: 112 HILL LANE MECHANICSBURG, PA 17050 Date: February 19, 2010 By: Allan C. Smith, Esq. Attorney I.D. No. 204756 Harrison R. Byck, Esq., P.C. Attorney I.D. No. 61511 229 Plaza Blvd., Suite 112 Morrisville, PA 19067 1-888-275-6399//(215)428-0666 Attorney for the Plaintiff CACH, LLC Plaintiff, VS. WILLIAM HERSH JR COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 2009-08677 NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO: WILLIAM HERSH JR 112 HILL LANE MECHANICSBURG, PA 17050 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CAN NOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 Dated: February 4, 2010 Harrison Ross Byck, Esq., P.C. Attorney I.D. No. 61511 229 Plaza Blvd. Suite 112 Morrisville, PA 19067 1-888-275-6399 // (215) 428-0666 Attorney for Plaintiff CACH, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, ) NO: 2009-08677 VS. ) WILLIAM HERSH JR Defendant(s) CERTIFICATION OF NON-MILITARY SERVICE I, ALLAN C. SMITH, ESQ. of full age, certifies as follows: 1. I am the plaintiff's attorney herein, and have sufficient knowledge of the facts and am fully authorized to make this Certification; 2. My information is that the defendant is WILLIAM HERSH JR. 3. Our latest information is that the defendant is employed at UNKNOWN. 3. To the best of my information and belief, the Defendant is not a member of the military services of the United States of its allies or otherwise within the provisions of the Soldiers' and Sailors' Relief Act of 1940, as amended, and as stated in the attached Department of Defense Manpower Data Center reports. 5. This certification is taken subject to the penalties of 18 PaCSA 4904 relating to unworn falsification to authorities. Date: February 19, 2010 By Allan C. Smith, Esq. Attorney I.D. No. 204756 2equest ,`or ;V,'ititary Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Feb-19-2010 09:08:04 < Last First/Middle Begin Date Active Duty Status Active Duty End Date Service enc A Name y_ g Based on the information you have furnished, the DMDC does not possess HERSH JR WILLIAM any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). $bvt LA A.A 4"? Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.mil/faq/ is/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 2/19/2010