HomeMy WebLinkAbout10-0419IN THE COURT OF COMMON PLEAS OF CUMBERLAND
COUNTY, r' `n
PENNSYLVANIA
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CACH. LLC. ? -r c?
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VS. NO: 10 - 1+19 M
MICHAEL LAMASTER
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
4ga.co PO AIW
Harrison Ross Byck, Esq., P.C.
229 Plaza Boulevard
Suite 112
Morrisville, Pennsylvania 19067
1-888-275-6399/(215) 428-0666
Attorney for Plaintiff
#61511
CACH, LLC.
4340 SOUTH MONACO STREET 2ND
FLOOR
DENVER, CO 80237
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
VS.
No.: lo - q lq C/ - ?li?,
MICHAEL LAMASTER
2101 LONGS GAP RD
CARLISLE, PA 17013
COMPLAINT
To: MICHAEL LAMASTER
2101 LONGS GAP RD
CARLISLE, PA 17013
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served. By entering a written appearance personally or by attorney and filing in writing with
the court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so the case may proceed without you and the court without further notice may enter
a judgment against you for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
PENNSYLVANIA LAWYER REFERAL SERVICE
4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013.
(717) 240-6200
AVISO
Le han dernandado a usted en is corte. Si usted quiere defenderse de estas demandas
expuestas en las pagins siguientes. Usted tiene veinte (20) dias de plaza al partir de la fecha de la
demanda y la notificacion. Hace falta asentar una comparencia excrita o en persons o con
abogado y entregar o sus objecciones a las demandas en contra de su persona. Se avisado que si
usted no se defiende. La corta tomara medidas y puede continuar la demada en contra suya sin
previo Avisa o notificion. Ademas la corte puede decidie a favor del demandante y requiere que
usted compla con todas las provisioner de esta demanda. Usted puede perder dinero o sus
propiedas o otros derechos imporrantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DINERO
SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO
PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
SERVICE DE REFERENCIA LEGAL
PENNSYLVANIA LAWYER REFERAL SERVICE
4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013.
(717) 240-6200
Plaintiff, CACH, LLC., by its attorney Harrison Ross Byck, by way of complaint against
Defendant MICHAEL LAMASTER, avers the following:
1. Plaintiff, CACH, LLC., is a Colorado limited liability company doing business at
4340 SOUTH MONACO STREET 2ND FLOOR, DENVER, CO 80237.
1. Defendant, MICHAEL LAMASTER, is an individual residing at 2101 LONGS
GAP RD, CARLISLE, PA 17013.
2. The claims raised in the complaint are subject to an agreement to submit these
claims to arbitration. <Exhibit C>
3. Defendant, MICHAEL LAMASTER, is indebted to MARYLAND NATIONAL
BANK, N.A. on an account stated by and between them in the amount of $3,906.69
which balance was due and unpaid as of November 29, 2007, for credit card account
number 4264294999266507. <Exhibit A>
4. On or about December 18, 2007, MARYLAND NATIONAL BANK, N.A. sold the
debt for good and valuable consideration to plaintiff, CACH, LLC. <Exhibit B>
5. The Defendant, Michael Lamaster, last tendered a payment on May 19, 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 $3.0226 per day from the
default date ( 28.240% annual percentage rate x $3,906.69 / 365 days) or $3.0226 x
600 days = $1,813.56; 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 $781.34 as stated in the Cardholder Agreement attached hereto as <Exhibit C>.
9. The defendant, being indebted to the plaintiff in the sum of $6,680.09 upon the
account stated by and between them did promise to pay said sums upon demand.
Demand has been made for payment of $6,680.09 and the defendant has failed to
remit payment.
WHEREFORE, plaintiff demands judgment against the defendant for $6,680.09 together
with other interest and costs of suit.
Date: December 4, 2009
EXHIBIT A
. 0%
Conservation Card"
Preparedfor.' MICHAEL LAMASTER
4264 2949 4934 1780
July 2007 Statement
Credit Line: $4,000.00
Cash orCredltAvailable:
Summary of Transactions Billing Cycle and Payment Information
Previous Balance $3,298.81 Days in Billing Cycle 30
Payments and Credits $0.00 Closing Date 07/13/07
Cash Advances + $0.00
BankofAm d"
www.bankofamerica.com
Mail Payments to.
BANK OF AMERICA
P.O. BOX 15726
WILMINGTON, DE 19886-5726
Mail Billing Inquiries to:
Purchases and Adjustments + $39.00 Payment Due Date 08/07/07 BANK OF AMERICA
Periodic Rate Finance Charges + $77.62 Current Payment Due $149.00 P.O. BOX 15026
Transaction Fee Finance Charges + $0.00 Past Due Amount + $449.00 WILMINGTON, DE 19850-5026
$3
415
43 Total Minimum
m Call toll-free 1-800-789-6685
T
New Balance Total ,
. Payment Due DD hearing-impaired 1-800-346-3178
Transactions
Posting Transaction
Reference
Account
Purchases and Adjustments Date Date Number Number Category Amount
LATE FEE FOR PAYMENT DUE 07/08 07/09 07/08 3298 C 39.00
OUTDOOR REWARDS PROGRAM
.00 4% BASS PRO SHOPS BRANDS
.00 2% OTHER PURCHASES AT BPS
.00 18 OUTSIDE BASS PRO SHOPS
.00 CREDIT CARD MONTHLY TOTAL
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Corresponding Annuat
Balance Subject to
Category Periodic Rate Percentage Rate Finance Charge
Cash Advances
A. Balance Transfers, Checks 0.077369% DLY 28.24% $0.00
B. ATM, Bank 0.077369% DLY 28.24% $0.00
C. Purchases 0.077369% DLY 28.24% $48.02
D. Other 0.077369% IDLY 28.24% $3,295.88
Annual Percentage Rate for this Billing Period: 28.24%
(Includes Periodic Rate Finance Charaes and Transaction Fee Finance Charaes.)
Periodic Rate May Vary
F--important Information „ About Your Account 19
OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE
11 0034154300059800000286000004264294949341780
Check here for a change of mailing address or phone number(s).
BANK OF AMERICA Please provide all correoWns on the reverse side.
P.O. BOX 15726 Payment Information
WILMINGTON, DE 19886-5726
III IIIII 11111 1111111111 11111 111n 111111111111111 111 I ACCOUNT NUMBER.• 4264 2949 4934 1 780
NEWBALANCE TOTAL: $3,415.43
PAYMENT DUE DATE.• 08/07/07
MICHAEL LAMASTER
2101 LONGS GAP RD
CARLISLE PA 17013-8623-018
6rtr Aq?rr?mrAmo,.X 6rbadMail this payment coupon along with a
check or money ora'er payable to: SANK OFAMER/CA
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I: 5 240 2 2 2 501: 08884949 34 L 78011'
IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE111 Rev. 09/06
GRACE PERIOD
"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. There is no
Grace Period for Category A or B Cash Advances. If you pay in full this statement's New
Balance`total by its Payment Due Date and if you paid in full this statement's Previous
Balance in this statement's billing cycle, then you will have a Grace Period during the
billing cycle that began the day after this statement's Closing Date on the Category C
or D portions of this statement's New Balance Total.
During a 0% promotional APR period: 1) no Periodic Rate Finance Charges accrue
on balance categories with the 0% promotional APR; and 2) you must pay the Total
Minimum Payment Due by its Payment Due Date (and avoid any other "promotion
tum-off event" as defined in your Credit Card Agreement) to maintain the 0%
promotional APR.
* * If a corresponding Annual Percentage Rate in the Fiance Charge Schedule on
the front of this statement contains a "* *" symbol, then with respect to those balance
categories: 1) the 0% promotional APR for each of the balance categories will expire as
of the end of the next billing cycle; and 2) you must pay this statement's New Balance
Total by its Payment Due Date to avoid Periodic Rate Finance Charges after the end of
the 0% promotional APR period on those balances existing as of the Closing Date of
this statement.
CALCULATION OF BALANCES SUBJECT TO FINANCE CHARGE
Categories A and B - Average Balance Method (including new Cash Advances): We
calculate separate Balances Subject to Finance Charge for Category A balances and
Category B balances. We do this by: (1) calculating a daily balance for each day in this
statement's billing cycle; (2) calculating a daily balance for each day prior to this
statement's billing cycle that had a "Pre-Cycle Cash Advance" balance, which is a Cash
Advance with a transaction date prior to this statement's billing cycle but with a posting
date within this statement's billing cycle; (3) adding all the daily balances together; and
(4) dividing the sum of the daily balances by the number of days in this statement's
billing cycle.
To calculate the daily balance for each day in this statement's billing cycle, we take
the beginning balance, add an amount equal to the applicable Daily Periodic Rate
multiplied 6 the previous day's daily balance, add new 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 this statement's billing cycle that
had a Pre-Cycle Cash Advance balance, we take the beginning balance attributable
solely to Pre-Cycle Cash Advances (which will be zero on the transaction date of the first
Pre-Cycle Cash Advance), add an amount equal to the applicable Daily Periodic Rate
multiplied by the previous day's daily balance, and add only the applicable Pre-Cycle
Cash Advances, and their related Transaction Fees. We exc)ude from this calculation all
transactions posted in previous billing cycles.
Categories C and D - Average Daily Balance Method (including new transactions):
We calculate separate Balances Subject to Finance Charge for Category C balances and
Category D balances. We do this by: (1) calculating a daily balance for each day in the
billing cycle; (2) adding all the daily balances together; and (3) dividing the sum of
the daily balances by the number of days in the billing cycle.
To calculate the daily balance for each day in this statement's billing cycle, we take the
beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied by
the previous day's daily balance, add new transactions, 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 the Previous Balance shown on this statement was paid in full
in this statement's billing cycle, then on the day after that payment in fall date, we exclude
from the beginning balance new transactions, new Account Fees, and new Transaction Fees
which posted on or before that payment in full date, and we do not add new transactions,
new Account Fees, or new Transaction Fees which post after that payment in full date.
We include the costs for the Credit Protection plan or for credit insurance
purchased through us in calculating the beginning balance for the first day of the billing
cycle after the billing cycle in which such costs are billed.
TOTAL PERIODIC RATE FINANCE CHARGE COMPUTATION
Periodic Rate Finance Charges accrue and are compounded on a daily basis. To
determine the Periodic Rate Finance Charge for each category, we multiply the Balance
Subject to Finance Charge by its applicable Daily Periodic Rate and that result by the
number of days in the billing cycle. To determine the total Periodic Rate Finance Charge
for the billing cycle, we add the Periodic Rate Finance Charges for each category
togetheL Each Daily Periodic Rate is calculated by dividing its corresponding Annual
Percentage Rate by 365.
HOW WE ALLOCATE YOUR PAYMENTS
We will allocate your payments in the manner we determine. In most instances,
we will allocate our payments to balances (including transactions made after this
statement) with y 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.
Payment Due Dates and Keeping Your Account In Good Standing
Your Payment Due Date will not fall on the same day each month. In order to help
maintain any promotional rates, to avoid the imposition of Default Rates (if applicable),
to avoid late fees, and to avoid over] imit fees, we trust receive at least the Total
Minimum Payment Due by its Payment Due Date each billing cycle and you must
maintain your account balance below your Credit Limit each day.
MISCELLANEOUS
For the complete terms and conditions of your account, consult your Account
Agreement. FIA Card Services is a tradename of FIA Card Services, N.A. This account is
issued and administered by FIA Card Services, N.A.
CUSTOMER STATEMENT OF DIISPUT>ED ITEM - Please call toll free 1-866-266-0212 Monday-Thursday 8am-9pm (Eastern Time) and Friday 8am-7pm
(Eastern Time). For prompt service please have the merchant reference number(s) available for the charge(s) in question.
PLEASE DO NOT ALTER WORDING ON THIS FORM AND DO NOT MAIL YOUR LETTER
Your Name:
Transaction Date: Posting Date:
Amount $: Disputed Amount $:
Q 1. The amount of the charge was increased from $ to S or my sales
slip was added incorrectly. Enclosed is a copy of & sdrl es slip that shows--liecorrect amount
Q 2.1 oufy that the charge listed above was not made by me a a person authorized by me to use myycard nor
were the goods or services represented by the transaction received by me or a petsoun author¢cd liy me
Q 3. I have not received the merchandise that was to be shipped to the on ! (IvIM/DDIYY).
I have asked the merchant to credit my account.
Q 4.1 was issued a credit slip that was not shown on my statement. A copy of mycrediNip is enclosed.
The merchant has rip to 30 days to credit your account
Q 5. Merchandise that was shipped to the has arrived da and/or defective. I returned it on
/ I (MM/DDNY) and asked the merchant to credit my account Attach a letter describing
how the merchandise was damaged and/or defective and a copy of the proof of return.
Q 6. Although 1 did engage in the above transaction, I have contacted the merchant, returned the merchandise
on MM/DD/YY) and requested a credit. I either did nor receive this credit or it was
unsan actor,: Attacci as letter explaining why you are disputing this charge a A a copy of the proof of
return. If you are unable to return the merchandise, please explain
Q 7.1 terrify that the charge in question was a she transaction, but was posted twice to my statement
I did na authorize the second transaction. Sale #1$ Reference#
Sale #2 $ Reference #
OR FORM WITH YOUR PAYMENT.
Account Number:
Reference Number:
Merchant Name:
IQ 8.1 notified the merchant on _ /_ 1 (MMIDDNY) to cancel the prrauthorized order
(reservation). Please note cancellation # a-n-d Tiavadable, enclose a copy of your contract and a
copy of your telephone bill showing dare and time of cancellation. Reason flu cancellation / cancellation #:
Q 9. Although I did engage in the above transaction, I have contacted the merchant for credit. The services to be
provided on _/ ! (ti1MlDD/YY) were nor received or were unsatisfactory. Attach a letter
describing the services expxreT_your attempts to resolve with the merchant and a copy of your contract.
Q 1.0. I certify that I do not recognize the transaction. Merchants often provide telephone numbers next to their
name on your billing statement. Please attempt to contact the merchant for information.
Q It. If your dispute is for a different reascm, please contact us at the above telephone number.
Signature (required): Date:
Best contact telephone #: Home#:
Billing rights are only preserved by written inquiry. To preserve your billing rights, please return a
copy: of t ns form and anyy suppot,,in?g information regarding the merchant charge in question to:
Attn BiBmg inquiries, CO. Box IOZ6, Wilmington, DE 19850.5026, USA.
PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMENT.
Payments
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 bottom left-hand comer of the front
of this 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 enclosed return envelope with only the bottom
portion of this statement accompanying it. Payments received after 5 p.m. on any day
including the Payment Due Date, but that otherwise meet the above requirements, will be
credited as of the next day. We will reject payments that are not drawn in U.S. dollars and
those drawn on a financial institution located outside of the United States. Credit for any
other payments may be delayed up to five days. No payment shall operate as an accord and
satisfaction without the prior written approval of one of our Senior Officers.
We process most payment checks electronically by using the information found on your
check. Each check authorizes us to create a one-time electronic funds transfer (or process it
as a check or paper draft). Funds may be withdrawn from your account as soon as the
same day we receive your payment. Checks are not returned to you. For more information
or to stop the electronic funds transfers, call us at the number listed on the front.
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 the payment your letter must reach us at ]east three business days before the automatic
payment is scheduled to occur.
If our billing address or contact information has changed, or if your
address is incorrect as it appears on this bill, please provide all
corrections here.
Address 1 _
Address 2
City _
State _
Area Code &
Home Phone
Area Code &
Work Phone
Choose only one dispute reason.
Zip
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ro
EXHIBIT B
CERTIFICATE OF PURCHASE
JESSICA SNODGRASS
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: MICHAEL LAMASTER
Original Creditor: MARYLAND NATIONAL BANK, N.A.
Account Number: 4264294999266507
3. On or about December 18, 2007 this account was sold by the original creditor.
CACH, LLC is the current owner of the account and purchased the account for
g o o d a n d v a l u a b l e c o n s i d e r a t i o n.
FEB 0 5 2009
Date:
FEB 0 5 2009
Shorn and J kcribed to beformne this day of , 2009.
Notary Public
F EPHANIE MORRIS
NOTARY PUBLIC
ATE OF COLORADO
MY Commission Expires 05/22/2011
PA 5.15.08
EXHIBIT C
07/20/2006 15:26 FIA CARD SERVICES 4 912672952844
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07/20/2006 15:26 FIA CARD SERUICES 4 912672952844 N0.873 9003
Your Contract With Us
Ypur Credit Card Agreement with us consists of these
Adlitionai Terms and Conditions and the document called
the Required Federal Disclosures or the initial Disclosure
Yowagree to the terms and conditions of this Agreement
Fotthe purpose of the NvNV NOW, we will use the definition
contained in the third paragraph of the P*W4 Notice. For
the'remainder of the Agreement. we will use the definitions
described under the section heading words Used Ofrar in
Tkis Agratmetrt.
Privacy Notice
Yoar primacy is impottaet to ss: At MBNA, we are
committed to providing you with the finest financial
products and services backed by consistently to"uaiit
service, And while information about you is fundamenta
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of keeping personal and account information secure.
To offer you the widest range of products and services
MBNA may share information about you both within
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This allows us to offer you products and services that
may interest you and best meet your needs, whether
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relationships with other companies. we want you to
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you receive when we sham: infomlation about you.
This notice describes the privacy practices of MBNA
Corporation and all MBNA affiliates, including MBNA
America Bank, NA., MBNAAmerica (Delaware), N.A.,
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Ow Se nrlq Paaeedumm MBNA understands the
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When MBNA shares information about you with
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07/20/2006 15:26 FIA CARD SERVICES 4 912672952844 NO.873 D004
Information We Collect: MBNA collects and uses
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Customer service You exile
information include the following: applications
information we receive from you on apA
and other forms or through your correspondence or
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consumer reporting agencies. to verify emploMentt,
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. information abouu transactions `fo Mwith MBNA and
with other companies
lemon I ft Share Within MBNA: we may share
with financial
all of the information we collect about you
service companies within MBNA to offer addiitio int
bat
products or service e that believe thismenient for you
meet yowl needs. To do so, we
and may save YOU both time and money.
share identification information (such inS name and
ion such
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as purchases and paymen"). credit eligibility information
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Informf s We Sbw Wftb Others' From time to
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you their products and services that offered interest
red by financial
'These products and services may
oan brokers. ao unt
service providers Isuch as bad ns _
aggregators, insurance ages
mortgage bankers, and securities broker-deelers)• by
r-
nonfinancial companies (such as retailers. direct m
keters, communications companies, Internet setviee
providers, manufacturers. service companies, travel
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Additionally, we may share all the information
other
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are also permitted by law to share information about
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with government entities in response to subpoenas or
0(7/20/2006
15:26 FIA CARD SERVICES 3 912672952844
N0.873 9005
regulatory reouirements. ana wrtn consumer reporting
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we will ask you to verify your identity and the specific
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MBNA applies opt outs at the account level, not by
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adhere to its disclosed privacy practices for an account
even if it becomes inactive or is closed,
An opt out from information sharing on an account
as described above, either within MBNA and/or with
companies outside of MBNA, remains effective unless
revoked in writing. Federal regulations require us to
provide this notice on an annual basis, whether or not
an account has previously opted out from either type
of information sharing, please remember when you
recaive our subsequent notices that an account previously
opted out from either or both types of information sharing
(and not revoked in writing) does not need to be opted
out again.
This notice updates and replaces any previous
notices from MBNA about the privacy, security, and
protection of information. For additional information
regarding M5N/1s privacy practices concerning the
lntemet, and to view the most recent version of this
privacy notice, please go to www.mbna.com and click
on 'Privacy Notice." You may have other privacy pro-
tections under state laws. We may amend this privacy
notice at any time, and we will inform you of changes
as required by law.
Wer& Used Oft4x in This Agrixnaeast
'Agreenenr or "Credit Card Agreement" means these
Additional Terms and Conditions and the Required Federal
Disclosures for the initial Disclosure) and any thanaes w2
make to those documents from time to time.
-You' and 'your mean each and all of the persons who are
granted, accept, or use an amount we hold, "You' and 'your
also man any other person who has guaranteed p"ment of
this account, when used in the sections entitled We May Mootifor
&W Rwd Trrephow Calls and Arkinitim aW Vellum and when
used in each of the sections relating to payment of this account
1 ?
07/20/2006 15:26 FIR CARD SERVICES 4 912672952844 N0.873 P006
(Your Priwise to Pau and Hov. we AdixAfe Your Pupmemo. for examo;
"our'. and "MBNA America-Mean MBNA
America Bank, N.A
,,Card- means all the credit cards we issue to you and is
any other person with authorization to use this account
pursuant to this Agreement.
-Access check- means an access check we Provide TO Yflc
make a Check Cash Advance on your account.
if we use a capitalized term in this document but do no,.
define the term in this document, the term has the meanie
given in the Required Federal Disclosures or the initial
Disclosure or as used in your monthly statement.
we use section headings Isuch as words Used Often in "
A#nwment) to organize this Agreement. The actual term
this Agreement are in the sentences that follow and not
the headings,
Sarin Your Card
You should sign your card before you use it.
we Mig MBAItYr ad Record T Col.
You consent to and authorize MBNA Amarla any of its affi
aces, or its marketing associates to monitor and/or record a
of your telephone convetsetions with our representatives c
the representatives of any of those companies,
A9af?tlfas
oydtt Ralordso
You authorize MBNA America to collect infotfnation abou-
you, including credit reps from consumer report( agent.
if you believe we have furnished inaccurate or incomplel
information about you of your account to a credit reportin+
agency, write us at: MBNA. Credit Reporting Agencies, P.O
Box 17054, Wilmington, DE 19884-7054. Please include yo
name, address, home phone number. and account number
and explain what you believe is inaccurate or incomplete,
Horn to Use Your Account
You may obtain emit in the form of Purchases and Cas
Advances by using your cords. access checks, a=unt nurr.
ber, or other credit devices. Please refer to your Required
Federal Disclosures or initial Disclosure to determine what
transactions constitute Purchases and Cash Advances and
how you may obtain them.
T1?'r matfion Date for Cartage Cash Adranc
The transaction date for Check Cash Advances and Bala
Transfers done by check is the date you or the person to
whom the check is made payable first deposits or cashes t
check The transaction date for a returned payment (whit;
will then be classified as a Bank Cash Advance) is the date
that the corresponding payment pasted to your account.
Pu if?tie5 ftT Using Your Account
You may use your account for personal. family, or housel
purposes. You may noto use your may na Duna fobusiness or
commercial purposes. Check Cash
Advance, or any other Cash Advance. to make a payment
this or any other credit account with us. You may not use c'
permit your account to be used w make any illegal transact
PerMNS U Your ACCeuI)ltt
if you permit any person to use your card. access che,
account number, of other credit device with the authorize
to obtain credit on your account. you may be liable for i
07/20/2006 15:26 FIA CARD SERVICES 4 912672952844 NO.873 P007
transactions made by that person. including transactions
toy 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
i same access to information about the account and its users
as the account holders.
e How You May Stop Paymmt on an
Access Check
' You may request a stop payment on an access check by
i providing us with the access check number. dollar amount. and
payee exactly as they appear on the access check. Oral and
written stop payment requests on an access check are effective
for six months from the day that we place the stop payment.
You May Not Postdate an Access Check
You may not issue a postdated access check on your
account. if you do postdate an access check we may elect to
honor it upon presentment or return it unpaid to the person
who presented it to us for payment. without, in either case,
waiting for the date shown on the sccess check, we are not
L liable to you for any loss or expense incurred by you arising
out of the action we elect to take.
Your Promise to Pay
You promise to pay us the amounts of all credit you
which includes all Purchases and Cash Advances.
obtain
.
You 0190 promise to pay us all the amounts of finance
charges, fees, and any other transactions we charge against
your account.
s Payments on Your Account
1 You must pay each month at least the Total Minimum
Payment Due shown on your monthly statement by your
Payment Due Date. You may pay the entire amount you owe
us at any time. Payments made in any billing cycle that are
greater than the Total Minimum Payment Due will not affect
1 your obligation to make the next Total Minimum Payment
1 Due. If you overpay or if there is a credit balance on your
account, we will not pay interest on such amounts. We will
reject payments that ate not drawn in U.S. dollars and those
drawn on financial institutions located outside the United
t States. Payment of your Total Minimum Payment Due may
not avoid the assessment of Crverlimit Fees.
Wften Your Paylinent W1U Be Cre0ed
to Your A "Admit
we credit payments as of the date received, if the payment
is (1I received by 2 p.m. (Eastern T1me1:12) received at the
j address shown in the upper leh-hand comer of the front of
your monthly statement. 13) paid with a check drawn in U.S.
dollars on a U.S. financial institution or a US. dollar mousy
' order: and (4) seta in the return envelope with only the top
portion of your statement accompanying ft. payments
received after 2 p.m. on any day, including the Payment Due
but that otherwise meet'the above requirernents. will be
Date
,
credited as of the next day. Credit for any other payments
i may be delayed up to five days.
How We Allocate Your Payments
i We will allocate your payments in the manner we determine,
in most instances, we will allocate your payments to balances
(including new transactions) with Iowa APRs before balances
with higher APRs. This will result in new balances with lower
i APRs Isuch as those with promotional APR offers) being pald
v.
07/20/2006 15:26 FIA CARD SERVICES 4 912672952844 N0.873 D008
before any other existing balanCeS
Promise to Pa lies to All Persons
ET?
All persons who initiall% or subsequently request, accept.
guarantee. or use the account are indtvidually an together refuE
responsible for any total outstan landing balance to pad
to release from liability any person
any total outstanding balance. until all of the cards. access under the
checks. and other credit devices outstanding sch person or
account have been returned to us and any the total at any time Under the terms of this Agreemlent.e owed to us
fault t if: 111 you fro to suit You will heu? l Minimum Payment Due by Its Primer
make arty nQ balance exceeds your' Bred.
(21 yOUT Due pate:) you failt?abide by any other term of this
limier erneSnt.5010y for the purposes of determining eligibility
and premium payment obligations lot the optional credit
insurance purchased through MBNA' You will be deemed in
default or delinquent If you fail to make a paymmt within 9,
days of your Payment Due Date. our failure to exercise any
our rights when. you those rights does not r default
when We are mean that unable to ezem fit1ir16 !11l? pa
If you are in default, we can require immediate h Yme t
of your total outstanding balance and. unle sd under th
applicable law and except as otherwise p
ller can
Ar6itratioe anA LitigatioM section of wthis e in gr i Y Co we r t
also require you to pay the costs fees if we ref,
proceeding, as well as reasonable attorneYs' f is not our
your account for collection to an attorney who salaried employee.
Qtker Pa 1xiient, .1 Tenlss rtfal payments. or
pay.
We can accept late payment of ou
ments with any restrict!%* wiiti without losing any
rights unfit this Agreement. This
those marked with -Paid means full" or with any hc•
including
estri i t v words, operate as an accord and satisfacti •
without the prior written roval of one of our senior oK'il
you may t not use a postdated cheek to make a payment. i
you do postdate a Payment ch?• we may elect to honor
upon presentment or return it uncfedited to the Person w
presented it, without. in either case, waiting for the date
shown on the Incurred cheek, We am ? of the aYOU (Or a" ION of
ction we elect to
expense e by you ? arming
Pa Immelllt Ho Ma s
We may allow you, from time to time. to kmtit Montt,
Payment We will notify you when this option it a
you omit a payment. finance charges and any applicable
will accrue on your account in acconiafice thiTotal s
t Minimk
Agreement. You must resume making your holiday.
Payment Due each month following a p"m
'Tlrafitsadions Made in Fo ' a Gi _P`
on in a foreign eurrtney, the trans
If you make a trrnsacti
wiil be converted by visa international or MasterCard
International, depending on which card You use. into a i
dollar arrwunt in accordance with the operating regulatrc
com ersion procedures in effect at the time that the
rsed. Currently, those regulations and P
IS o conversion rate to be used is
provide that hat e the currency s
id
?0
07/20/2006 15:26 FIR CARD SERVICES 4 912672952844 N0.873 D009
( t 13 wholesale market rate or 121 a government-mandated
rate in effect one day prior to the processing date, increased
by one percent in each case. Visa or MasterCard retains this
one percent as compensation for performing the currency
conversion serene. The currency conversion rate in effect on
the processing date may differ from the rate in effect on the
transaction date or the posting date.
Bialng cycle
Your billing cycle ends each month on a dosing Date
determined by us. Each billing cycle begins on the day after
the Closing Date of the previous billing Lytle. Each statement
reflects a single billing cycle.
ount Fees and Charon
Ac
c
Aceoaett Few The following fees, which are set forth in your
t Required Federal Disclosures or initial Disclosure, am charged
i as purchases in the billing cycle in which the fees accrue:
! 01 a Late Fee if the Total Minimum Payment Due shown on
P your monthly statement is not received by us on or before its
Payment Due Date;
- (2) an Overlimit Fee if your New Balance Total exceeds your.
credit limit on the last day of a billing cycle, even nees or
finance charges charged by us cause your New
Tots( to exceed your credit limit; an pverlimit Fee is
charged to your account as of the day in the billing cycle
that the total outstanding balance on your account exceeds
your credit limit:
(3) a Returned Payment Fee if a payment on your account is
returned for insufficient funds or for any other reason, even if
it is paid upon subsequent presentment;
(4) a Returned Cash Advance Chedt Fee if we return an access
check unpaid for any reason, even if the access chedt is paid
upon subsequent presentment:
(5) a Copy Fee for each copy of a monthly statement or sales
draft. except that the six most recent monthly statements and
six sales drafts will be provided for free; and
(6) an Annual tee if your account is open or if you maintain
• an account balance, whether you have active charging privi-
leges or not.
Abwodwed-PropeM Cbert? m Unless prohibited by
applicable law, we will charge your account, as a Purchase. for
any costs incurred by us associated with complying with state
abandoned-property laws.
Please review your Required Federal Disclosures or initial
f Disclosure for additional fees and charges that may apply to
your account.
i, Reneft
We may offer you certain benefits and services with your
account. Unless expressly made a part of this Agreement. any
such benefits or sen??Les are not a part of this Agreement but
are sublect to the terms and mwict(ons outlined in the benefits
S brochure and other official documents provided to you from
time to time by or on behalf of MBNA America. We may
adjust, add, or delete benefits and services at any tune and
without notice to you.
R to Honor Year Account
c 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 bank, or any
provider of goods or services.
07/20/2006 15:26 FIA CARD SERVICES 4 912672952844 N0.873 D010
We May Suspend or Close Your Account
We may suspend or close your account or otherwise term;
your right to use your account. we may do this at any time
for any reason. Your obligations under this Agreement cons
even after we have done this. You must destroy all cards. acs
cheeks, and other credit devices on the account when we rec!
that you do so
You Mau Ciose Your Auount
You may elms your account by notifying us in writing c
telephone and destroying all cards. access checks, and otr:
credit devices on the account. Your obligations under this
Agreement continue even after you have done this.
Transactions Wr Your Auount Is Ciosc
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 compan
These transactions may continue to be changed to your
account until you change the billing. Also, if we believe yc
have authorized a transaction or are attempting to use Yoe
account after you have requested to close the account, we
may allow the transaction to be charged to your account.
We May Anemd This Aglf went
We may amend this Agreement at any time. We may
amend it by adding, deleting, or changing provisions of thi
Agreement. When we amend this Agreement, we will com;
with the applicable notice requirements of federal and
Delaware law that are in effect at that time If an amendmt
gives you the opportunity to reject the change, and if you
reject the change in the manner provided in such amend-
ment. we may terminate your right to receive credit and mi?
ask you to return all credit devices as a condition of your
refection. The amended Agreement (including any higher-r
or other higher charges or fees) will apply to the total out-
standing balance, including the balance existing before the
amendment became effective. we may replace your card w
another card at any time,
We May SA Your Aaouxt
We may at any time. and without notice to you, sell. assi.
or transfer your account, any sums due on your account, th
Agreement, or our rights or obligations under your account
this Agreement to any person or entity. The person or emir
to whom we make any such sale, aesignment or transfer sh&
be entitled to all of our rights and/orobligations under this
Agreement to the extent sold, assigned or transferred.
Your Credit Um ft
Your credit limit is disclosed to you when you receive yor
card and, generally, on each monthly statement. We may
change your credit limit from time to time,
The amount shown on your monthly statement as Cash c
Credit Available does not take into account any Purchases,
Cash Advances, finance charges, fees, any other transaction
or credits that post to your account after the Closing Date o
that monthly statement. Such transaaiars could result in
your credit limit being exceeded and result in the assessmer
of Overlimit Fees.
What We May Do if You Attempt to
Exceed Your Credit Limit
The total outstanding balance on your account plus authoria•
Dons at any time must not be more than your credit limit. if yc
3.
Q7i20i2006
15:26 FIA CARD SERVICES 4 912672952844
N0.873 D011
attempt a transaction that results in your total outstanding biA
ante (plus authorirationst exceeding your credit limit. we ma%
(1) permit the transaction without raising your credit limit. i.
permit the transaction and treat the amount of the transactic
that is more than the credit limit as immediately due: or 131
refuse to permit the transaction.
If we refuse to permit the transaction, we may advise the
person who attempted the transaction that it has been refuse:
if we refuse to permit a Check Cash Advance or Baianae
Transfer, we may do so by advising the person presenting the
Check Cash Advance or Balance Transfer that credit has been
refused, that there are insufficient funds to pay the Check Cas
Advance or Balance Transfer, or in any other manner.
If we have previously permitted you to exceed your credit
i lima, it does not mean that we will permit you to exceed yon
credit limit again. If we decide to permit you to exceed your
credit limit, we may charge an oveditnit Fee as provided in
this Agreement,
Unauithedw Um of Your Cam
Please notify us immediately of the loss, theft, or possible
unauthorized use of your account at I -506-7a%67o I.
You Must Notify Us When You Change
f Your Addrm
we strive to keep accurate records for your benefit and
ours. The post office and others may notify us of a change rc
your address. When you drarrge your address. you must notil
r, us promptly of your new address,
What Law Applies
This Agreement is made in Delaware, and we extend credi:
to you from Delaware, This Agreement is governed 4 the
laws of the State of Delaware (without regard to its conflict o
laws principles) and by any applicable federal laces,
The Proves m of This Agreement Are
? Severable
I If any provision of this Agreement is found to be invalid,
the remaining provisions will continue to be effective.
Our 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.
• Arii>bration aced Liiti?atton
J This Arbitration and Litigation provision applies to you,
i unless you were given the opportunity to mied the Arbitratiot
and Litigation provisions and you did so reieCt them, in the
manner and tinreframe ruined. If you did read effectively
such a provision. you agreed that any litigation brought by yo!
against us regarding this account or this Agreement stroll 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 an* at the
other, arising from or relating in any way to this Allireement o
any prior Agreement or your account (whether under a
statute, in contract, tort, or otherwise and whether for money
damages, penalties, or declaratory or equitable rdidl, fncludint
Claims regarding the applicability of this Arbitration and
Litigation section or the validity of the entire Agreement or
any prior Agreement, shall be resolved by binding arbitration
The aMtiation shall be conducted by the Natural Arbitratior
07/20/2006 15:26 FIA CARD SERVICES 4 912672952844 N0.873 D012
Forum !"N.4F'i, under the Code of Procedure in elfect at the rim
the Claim is filed. Rules and forms or the National ArbitraUnr.
Forum may be obtained and Claims may, be filed at any Nation
Arbitration Forum office. wwwarlrfoturtt.mm. or P.O. Box 5019:
Minneapolis, Minnesota 55403, telephone 1-800-474-2371
If the NAF is unable or unwilling to as as arbitrator. we may
substitute another nationally recognized, independent arbi-
tration organisation that uses a similar code of procedure.
At your written request. we will advance any arbitration filing
fee, or administrative and heanng fees that you are required
to pay to pursue a Claim in arbitration. The arbitrator will
decide who will be ultimately responsible for paying those
fees. In no event will you be required to reimburse us for an;
arbitration filing. administrative, or hearing fees in an amour
greater than what your court costs would have been if the
Claim had been resolved in a state court with jurisdiction.
Any arbitration herring 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 agree-
ment is made pursuant to a transaction involving interstate
commerce and shall be governed by the Federal Arbitration
Ad, 9 U.S.C. ff 1-16 ("FAA"). Judgment upon any arbitration
award may be entered in any court having lurisdiction. The
arbitrator shall follow existing substantive law to the extent
consistent with the FAA and applicable statutes of limitations
and shall honor any claims orprivilege recognised bylaw. if
any parry requests, the arbitrator shall write an opinion con-
taining the reasons (or the award.
No Claim submitted to arbitration is heard by a jury, and
no Claim may be brought as a class action or as a private
attorney general. You do not have the right to act as a class
representative or participate as a member of a class of
claimants with respect to any Claim. This Arbitration and
Litigation section applies to all Claims now in existence or
that may arise in the future.
This Arbitration and Litigation section shall survive the
termination of your account with us as well as any voluntary
payment of the debt in full by you, any bankruptcy by you. or
sale of the debt by us.
For the purposes of this Arbitration and Litigation section.
'W and "us" rtreens MBNA America Bank, NA, its parent.
subsidiaries, affiliates, licensees, predecessors, successors,
assigns, any purchaser of your account, and ail of their officers
directors, employees, agents, and assigns or any and all of
them. Additionally, "we" or 'us" shall mean any third parry
providing benefits, services, or product, in connection with
the account (including but not limited to credit bureaus. mgr
chants that accept any credit device issued under the
account. rewards or enrollment services, credit insurance
companies, debt collectors, and all of their officers, directors
employees and agems) if, and only if, such a third parry is
named by you as a codefendant in any Claim you assert
agairist us.
If any part of this Arbitration and Litigation section is
found to be invalid or unentonceable under any law or statute
consistent with the FAA, the remainder of this Arbitration an(
Litigation section shall be enforceable without regard to suet
invalidity or unenfotreability.
THE RESULT OF THIS ARBrrRATJON AGREEMENT IS
THAT, EXCEPT AS PROVIDED ABOVE, CLAIMS CANNOT BE
LITIGATED IN COURT, INCLUDING SOME CLAIMS THAT
COULD HAVE BEEN TRIED BEFORE A JURY, AS CLASS
ACTIONS. OR AS PRIVATE ATTORNEY GENERAL ACTIONS.
Q7i20/2006 15:26 FIA CARD SERVICES -> 912672952844 NO.873 D013
CREDIT INSURANCE BENEFITS,
LIMITATIONS, COSTS & EXCLUSIONS
CONSUNER PROTECTION DISCLOSURES
CREDIT INSURANCE IS: NOT A DEPOSIT; NOT FDIC-
INSURED: NOT INSUIP D BY ANY FEDERAL. GOVERNMENT
AGEHM, AMID NOT GUARANTEED BY THE RANK
PURCHASE OF CREDIT INSURANCE IS NOT A CONDITION
OF OBTAINING CREDIT. IF COVERAGE IS DESIRED, IT
MAY MSE WERE.
pays your minimum monthly payment'
up to your balance on the data of loss (not to exceed S25,000,
except disability in MN), until you return to work, • if you are
involuntarily unemployed. JgWly disabled, or if you or your
} spouse takes covered family leave. Credit insurance also
pays your insured outstanding balance up to the least of your
outstanding balance, your credit limit (not AL, AZ, AR, DE,
t DC, ID, IL. ]A, (.A. MD, MN, MS, NV, ND, ON, OK, Rl, 5D, VT.
r WA, WV & WY), or $24,000 if you die.
. Zh One insured per account (insured must be the
• =cardholder or a caappiiant, authorized users are not
eligible). under NX 66170 in AZ, NV & VA; 71 in FL, GA, MI,
MO & OK; 72 in NMI. Your coverage ends at these same ago
(except family leave in AZ, FL & 5D & unemployment). when
enrolled, certificates will be mailed explaining your coverage
& effective date. In MN, unemployment coverage is effective
61 days from your certificate eQective date. For unemployment
or family leave benefits, you must be gainfully employed
working at least 30 hrVwk (not self toyed or an independent
contractor) for 90 Consecutive days before the date of loss
(CO - before application date), IPA - on the date of loss).
` (TX - before coverage effective date for unemployment),
Employees of professional corporations may be eligible.
• Credit Insurance coven,: your
j death; involuntary unemployment due to job loss, general
strike, unionized labor dispute, or lockout; total disability due
r . to sickness or injury if you are unable to perform the material
& substantial duties of your job (or any job after 12 mos, in
ft 18 mos. in AL, AZ. AR, G, DE, DC, GA. HI, ID, IL. ]A, K5,
LA, MD, MN, M5, NV, NJ, NI7. OH. OK, RI, 5D. TN, VT, WA, WV,
WI & WY); your or your spouse's unpaid leave of absence
from employment due to care of your newborn or newly adopoed
child or an incapacitated immediate family member (must be
spouse, child, stepchild or parent in AK)! mandatory recall to
active military duty; jury duty (e cW in AK); or residence in
a federally declared disaster arm. Loss (not death) must
continue at least 30 days before benefits begin. In NY, for
strikes, unionized labor disputes S lodwhus, you must be
unemployed for 7 conseattfnrweeW b qualify for state unem-
! ployment benefits before benefits begin. A daily benefit is
paid for each day of loss over 30 days for unemployment in
} NY & PA, and disability in CA. CT, GA NY, MI. PA. RI & 5C.
You may cancel this coverage at any time. If canceled within
the first 30 days of coverage, all premiums will be refunded,
EMdahM Life! suicide in the first 6 months of coverage
(not MD & MO). Involuntary Unemployment; retirement.
resignation, voluntary forfeiture of income or job loss due to
willful or criminal misconduct, disability, strikes in IL, military
discharge in NY & normal seasonal unemployment in TX.
I Disability; normal pregnancy or childbirth I not CA, MA & NV).
intentionally self-inflicted injuries (not MDI, or a preexisting
medical condition during first 6 months of coverage (not NJ I.
Family leave benefits are not paid if you are eligible for or
j receiving unemployment benefits or are disabled.
07/20/2006 15:26 FIA CARD SERVICES 4 912672952844 N0.873 9014
This is only a brief descripbon of coverage. and coveragV
vary by Slate. Please refer to your certificates for a full
explanation of coverate.
Qom. Al M tie Manh of Amen= Dal &Mince:
Costs apply to Life (L). Disability (D), Unemployment IU) S
Family Leave I F): AL 543Cc AK 78c; AZ 99.90; AR 99c: C.4
89.9c: CO 50.66c: CT 42.89c: DE 99.9c: DC 99.9c: FL 89c; CA
90.8c: Hl 89.91c: ID 99.5c tL 8.6e, D 16.90, U 54C. F 2DC l; IL
80.97c: IN 96c: IA 97.8c (L 7.2c. D 16.60, U 54c. F 20c); KS
85,4% KY 97,40; LA 99.93C; ME 53.051; MD 79.741; MA 15.7c
MI 85.7c; MN 31 47c: MS 92,50: MO 61.1 c: MT 93.9c: NE
95.80: NV 99,67c: NH 950: NI 97c; NM 58,90: NY 52.50 IL 8.80
D 26.1k, U 16.9c 1: NC 71.30; ND 94.97c; OH 99.90; OK 97.47c:
OR 80.8c: PA 38. I c: PR 99c: RI 99.81, SC 78.50; SD 99,9c; TN
92.51: TX 33.7c (L 4,8C. D 12,90. U 16c): UT 90.44e; V r 34.92c
(L 6.6k. D 12.24c. F 1601; VA 94C (L6.1c. 08.9c, U 49c, F
20c); WA 89.390; WV 99.5c: WI 93.6c (L 5.7c, D 8.91. U 59c. F
20c): WY 99.7C.
AUdWAft involuntary Unemployment is not available it
MA or VT. Family Leave is not available in AL CT. MA, MI),
MN, NM, NY. PA, or TX,
Involuntary
--3 1-- G hVeAlm UnernployrMt: American SKurity1L0l(5M5). LOI NY(3/931,
AS LOl TX01/991. LOIC•IP-KS(2/96). LOIC-IP-CRS-ME(5/85)
and LOIC-1P; Standard Guaranty/SG LOI (5/85) (NH only!.
Life & Disability: Union Security LiWL-I-2, L•S-G in AL, AZ,
AR, DE, DC, ID. IL, tA, KS, LA, MD, MN. MS, NV, ND, OH, OK.
RI, SD, VT. WA, WV & WY: Standard Guaranty We (TX onlyy
1r1-Z(02)(3,53RA), First Forts Life (NY Life onlyVNYLM0013
American Security (NY Disability only)/W-5-A, Fortis
Insurance (ME oniy)AU-X-A, Family Leave: American
Security/FLP WV), FLP-FL (12197) in FL, FLP-NC (3/98) in NC.
FLP-OK(41971 in OK, FLP-VA(2198) in VA, FL-IP(AZ)17t%) in
AZ. FLAP(4/97) in IL & IN, FL-IP.KS (12N71 in KS, FLIP-ME
(4199) in ME; FL-IP-WY(4A7) in WY; Standard Guamnq/FLP
(4197) in NH: Union Security L(fe/FLP Vr(4lg7) in VT, Solicitin:
agents for Mississippi and Florida are Chades M. Gordon and
Pamela Curtis respectively.
The creditor may receive compensation in connection with
this offer.
It is at crime to provide false or misleading information to an
insurer for the purpose of defrauding the insurer ar any other
person. Penalties include imprisonment and/or fines. In addition
an insurer may deny insurance benefits if false information
materially related to a claim was provided by the appltcam-
-Less past due and aver credit limit amounts. In MI, cover-
age pays 5% of the balance on your date of disability up to
51250. In OR, coverage pays the granter of 1/36th of the ba)•
ance or the current minimum payment due on your date of
loss, in NY & PA. coverage pays the minimum payment due
on your date of loss, in TX, coverage pays the greater of 6% o
your insured outstanding balance on your date of unemploy-
ment or your minimum monthly payment.
-The number of monthly benefit payments will not exceed 9
for family tease; 12 for unemployment in AL, AK, CT, IL, Ml. MN
MO, NM, NC, NY. PA SC & TX 12 for disability in AK CO, CT
FL. KY, MA MO, MT, NE, NH. NM, NC, OR, K. 1R & VA.
NY, NI S TX Ieeditm oiy: 1b puicl covgages separate }
write to Assumnt Group, P O. Box 503$5, Atlanta. GA 30302
Applications will be sent to you.
07/20/2006 15:26 FIA CARD SERVICES 4 912672952844
NO. 873 9015
2MID] MBNAUL01(MBNA - UD/Uncapped LOi1Pt.)
25000 DISC-101
MBNA America Bank, NA, is the exclusive lmuer and
administrator of Platl+raar Pius credit card a=unts.
MBNA America* and Platinum Plus@ are service marks of
MENAArmerks Bank, NA
0 2001 MBNA America Bank, NA
NFJMO (Revised 4/2001)
I
I
VERIFICATION
JESSICA SNODGRASS
I ,hereby depose and state that:
The language of the foregoing document is that of counsel and not necessarily my
own; however, I have read the foregoing document and the factual information
contained therein is true and correct to the best of my personal knowledge.
I am the Authorized Representative and a duly authorized representative of the
plaintiff;
The factual allegations set forth in the foregoing pleading are true and correct to the
best of my knowledge, information and belief, and they are that MICHAEL
LAMASTER owes the balance of 3 9$ } 06.69 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: ?v v
Authorised
Dated: FEB 0 5 2009
PA 5.15.08
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
???wtp at ?ud?br?f??d
OFFICE OF THE SHERIFF
R
Jody S Smith
Chief Deputy
Edward L Schorpp
Solicitor
t n
Cach, LLC ,
vs.
Michael Lamaster
Case Number
2010-419
SHERIFF'S RETURN OF SERVICE
01/22/2010 02:32 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on
January 22, 2010 at 1432 hours, she served a true copy of the within Complaint and Notice, upon the
within named defendant, to wit: Michael Lamaster, by making known unto himself personally, at 2101
Longs Gap Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time
handing to him personally the said true and correct copy of the same.
SHERIFF COST: $33.40
January 25, 2010
SO VVE2
,
NY R ANDERSON, SHERIFF
Deputy SheYA'rf
(C) CountySuite Sheriff. Teleo$ott, Inc.
Harrison Ross Byck, Esq.
Attorney I.D. No. 61511
229 Plaza Boulevard - Suite 112
Morrisville, Pennsylvania 19067
1-888-275-6399 / (215) 428-0666
Attorney for Plaintiff
2010 AUG 13 ISM it ' 05
COURT OF COMMON PLEAS
CACH, LLC. CUMBERLAND COUNTY
4340 S. MONACO STREET
2ND FLOOR
DENVER, CO 80237
Plaintiff,
NO: 10-419
VS.
MICHAEL LAMASTER
2101 LONGS GAP RD
CARLISLE, PA 17013
Defendant(s).
ORDER TO SETTLE, DISCONTINUE & END
TO THE CLERK OF CUMBERLAND COUNTY:
Kindly mark the above captioned matter as Settled, Discontinued and Ended.
Date: July 28, 2010
BT