HomeMy WebLinkAbout10-5504IN THE COURT OF COMMON PLEAS OF CUMBERLAND
COUNTY, <? o
PENNSYLVANIA n
CACH. LLC
b
VS. NO: 10 - 550`E ?tvilTC
AMY WALKER
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
4 Qa . oo P p Al'r'`t
e* a8410
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 ) COURT OF COMMON PLEAS
4340 S. MONACO STREET ) CUMBERLAND COUNTY
DENVER, CO 80237 )
Plaintiff, )
VS. ) No.:
AMY WALKER )
172 MOUNTAINVIEW RD )
MOUNT HOLLY SPRINGS, PA 17065 )
COMPLAINT
To: AMY WALKER
172 MOUNTAINVIEW RD
MOUNT HOLLY SPRINGS, PA 17065
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 cone 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
SUMCIENTE 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 AMY WALKER, avers the following:
1. Plaintiff, CACH, LLC, is a Colorado limited liability company doing business at 4340 S.
Monaco Street, DENVER, CO 80237.
2. Defendant, AMY WALKER, is an individual residing at 172 MOUNTAINVIEW RD,
MOUNT HOLLY SPRINGS, PA 17065.
3. The claims raised in the complaint are subject to an agreement to submit these
claims to arbitration. <Exhibit C>
4. Defendant, AMY WALKER, is indebted to MBNA on an account stated by and between
them in the amount of $10,637.19 which balance was due and unpaid as of September
30, 2009, for credit card account number 4264294998219325. <Exhibit A>
5. On or about October 19, 2009, MBNA sold the debt for good and valuable consideration
to plaintiff, CACH, LLC <Exhibit B>
6. The Defendant, Amy Walker, last tendered a payment on February 5, 2009.
7. A copy of the credit card agreement is attached hereto. <Exhibit C>
8. Plaintiff is entitled to charge-off account finance charges of $0.00. <Exhibit A>
9. Plaintiff is entitled to pre-litigation charge-off interest of $2.0109 per day from the
default date ( 6.900% annual percentage rate x $10,637.19 / 365 days) or $2.0109 x 294
days = $591.19; which is accrued interest through the date of filing. <Exhibit A> Plus an
award of late fees 0.00, court costs $192.00 and reasonable attorneys fees of $2,127.44 as
stated in the Cardholder Agreement attached hereto as <Exhibit C>.
10. The defendant, being indebted to the plaintiff in the sum of $13,547.82 upon the account
stated by and between them did promise to pay said sums upon demand. Demand has
been made for payment of $13,547.82 and the defendant has failed to remit payment.
WHEREFORE, plaintiff demands judgment against the defendant for $13,547.82
together with other interest and costs of suit.
Date: August 9, 2010
EXHIBIT A
Prepared for. AMY WALKER
Account Number. 4264 2942 2678 8877
Summarv of Transactions
Previous Balance $9,982.84
Payments and Credits $0.00
Purchases and Adjustments + $39.00
Periodic Rate Finance Charges + $54.91
Transaction Fee Finance Charges + $0.00
New Balance Total $10,076.75
February 2009 Statement
Credit Line: $10,000.00
Cash or Credit Ava/lab/e: $0.00
Billing Cycle and Payment Information
Days in Billing Cycle 29
Closing Date 02/04/09
Payment Due Date 02/27/09
Current Payment Due $193.00
Past Due Amount + $174.00
Total Minimum
Payment Due
WorldPoints 3M?
Forin brmaton on YourAccount l4lat
www.bankofamerica.com
Call toll-free 1-800-297-2326
TDD hearing-impaired 1-800-346-3178
Ma17P8ymaots to:
BANK OF AMERICA
P.O. BOX 15726
WILMINGTON, DE 19886-5726
Mad Billing lnquiriae to:
BANK OF AMERICA
P.O. BOX 15026
WILMINGTON, DE 19850-5026
Purchases and?stments Offer ID Date Date Number Number Amount
LATE F?? PAYM JE 01130 01/31 ` 01/31 39.00
0 REGULAR POINTS THIS MONTH
0 TOTAL NEW POINTS THIS MONTH
9,029 YOUR TOTAL AVAILABLE POINTS
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.
Promotional ConespondingAnnuel APR Balance Subject to
Category Transaction Types Daily Periodic Rate Percentage Rate Type Finance Charge
Balance Transfers 0.018904% V 6.90% S $1,667.62
Cash Advances 0.054767% V 19.99% S $0.00
Purchases 0.018904% V 6.90% S $8,348.41
Annual Percentage Rate for this Billing Period: 6.90%
(Includes Periodic Rate Finance Changes and Transaction Fee Finance Charges that results in an APR which exceeds
the Corresponding APR above.)
APR Type Definitions: Daily Interest Rate Type: V= Variable Rate (Interest Rate may vary); APR Type: S= Standard APR (APR normally in effect)
05 0100767500036700000360000004264294226788877
Please provkle all corrections on the reverie side.
BANK OF AMERICA .
P.O. BOX 15726
WILMINGTON, DE 19886-5726 ACCOUNTNUMBER• 4264294226788877
I
NEW BALANCE TOTAL: $10,076.75
PAYMENT DUE DATE.• 02/27/09
Bift yswrrrAnrwnrbwb..ar
AMY WALKER Ali
172 MOUNTAINVIEW RD
MT HOLLY SPGS PA 17065-1524-720 Mar/thIspayment coupon along with a
check or money on*rpayable to: BANK OF AMERICA
is 5 2 40 2 2 2 5M: 08884 2 26 7888 7 7111
11 Check here for a change of meiing address or phone number(s).
m
m
0
N
impORTi1NT lIWaORINArm Amff TM ACCOU? T USE 211 Rev. 04/08 ?
CUS'1tO? SUTMMWYT OF DI&PU7110 R!M - Please call toll free 1.866.266.0212 Monday-Tbursday 8am-9pm (Eastern Time), Friday 8am-7pm (Eastern
Time) and Saturday 8am-6pm (Eastern Time). For prompt service please have the merchant reference number(s) available for the charge(s) in question.
NOT ALTER WORDING ON THIS FORM
Your Name:
Transaction Date: Posting Date:
Amount $: Disputed Amount :
Q 1. The amount of the chair was inaeased from $ to $ or my sales
slip was added i y. Enclosed 6 a copy of sa s ip t t shows ctTie ormt amount
Q 2 l anti {y that the charge listed above was not made by me or a person authorized by me to use my card, nor
were the goods or senoras represented by the transaction received by me or a person authorized by ire.
Q 3. I have not received the merchandise that was in be shipped to the on (MM/DD/YY).
I have asked the merchant to credit my account
0 4. I was issued a credit slip that was not shown on my statement. Acopy of myc edit slip is enclosed.
The merchant has up t o,30 days to credit your amount.
5. Merchandise that was to me has arrived d and/or dekcdm I returned it on
I / (M D/t'Y) and asked tine mactiant to credit my amount Attach a letter describing
6. ? Although I did a erh h se was damaged andla dekatim and a copyof theproof of reNrn.
gage in the above transaction, I have contacted die merchant, returned the merchandise
on I / MMIDDNY) and requested a credit. I either did not receive this credit or it was
unsan?s actcx} Atli a ktm explaining why you are disputirg this charge with a copy oft he proof of
term. If you are unable to retum die 6ar6andse, explauh.
7. I certify that the charge ice question was a 7 transaction, but was pasted twice to my statemem
did authorize the seocW ctien. Sale #1 $Reference #
Sale # $
ORACi PENOO
Grace Period" means the period of time during a bilk cycle when you will not accrue
Periodic Rate Finance Charges on certain transactions or balances. There is no Grace Period for
Balance Transfers and Cash Advances. If spay in full this statementk New Balance Total by
its Payment Due Date and if you paid in full this statement's Previous Balance in this statement.
billing cycle, then you will have a Grace Period dtuing the billing cycle that began the derv after
this statement's Closing Date on the Puuchase portions of this ?atement's New Balance Total.
Daring a 0% Promotional Rate Offer, t) rw Periodic [fate Finance Chat?es accrue on
balances with the 0% Promotional Rate; and 2) you must pay the Tonal Minmum Pa t
Dore by its Payment Due Dade (and avoid any other "promotion tttmoff event" as defined in
your Credit Card Agreement) ro maintain the 0% Promotional Rate.
°" If a wrresponding Annual Peroan Irate in the Finance Charge Schedtile on the front
of this statement contains a """ symbol, then with respect ro those balances: l) the 0%
Promotional Rate will expire at the end of the next billing cycle, atxi 21 you must y this
statement's New BalanceTotal by its Payment Due Date to avoid Periodic Rate Finance Charges
after the end of the 0% Promotional Rate Offer on those balances existing as of the Closing
Date of this statement
CALF?10N OF BALANCi SUBACT TO FWANCi CIWiOi
Average Balance Method (including new Balance Transfers and new Cash Advances):
We calrurlate separate Balances Subject to Finance Charge for Balance Transfers, Cash Advances,
and for each Promotional Offer balance consisting of Balance Transfers or Cash Advances. We
do this by: (1) calculating a daily balance for each day in this sta==gs billing cycle; (2)
calculating a daily balance for each day prior to this statemenes bicycle that had a "Pre-
Cycle balance" - a Pre-Cycle balance is a Balance Transfer or Cash A rice with a transaction
date prior to this statementl; billing cycle but with a posting date within this statement's billing
cycle; (3) addi all the daily balances ether, and 4) dividing the su rn of the daily balances by
the nuunber of?K= s staternerIA cycle.
To calculate balance for each y in this statement's bill' tie, we take the
beginning balance, add an amount equal to the applicable Dail y Pert t hiplied by the
previous day's daily balance, add new Balance Transfers, crew Cash Advances a'nd and
transaction Fees, and subtract applicable payments and credits. If any daily bablice is less than
zero we treat it as zero.
To calculate a daily balance for each day prior to this stattemerh6 billing cy?e that had a Pre-
Cycle balance, we take the beginning balance attributable solely to Pre-Cycle balances (which
will be zero on the transaction date of the fast Pre-Cycle balance), add an amount egthal to the
applicable Daily Periodic Rate mul lied by the previous day's daily balance, acrd add only the
cepplucable Pre Cycler balarwes, and theit related Transaction Fees. We exclude from this
calculation all transactions p d in previous billing cycles.
Average Daily Balance Method (including new Pttrclhases): We calculate separate Balances
Subject to Finance Charge for Purchases and for each Promotional Offer balance consisting of
Purchases. We do this by (1) caLmlating a daily balance for each day in the billing cycle; (2)
adding all the daily balarrs together, and (3) divhdirg the sum of the daily balances by the
number of days in the billing cycle.
Account Number:
Reference Number:
Merchant Name:
8. I notified the merchant on / / (MMIDD/YY) to cancel the preauthorized order
(reservation). Please tote cince anion # -and havailable, enclose a copy of your contract and a
copy of your telephone bill showing date and time of cancellation. Reason for cancellation /cancellation #:
j? 9. Although I did eogee in the above transaction, I have eanaaed the merchant for credit. The services to be
providedon_/ 1 (MMODNY) were not received orwere utsmishhaory:Attxhaletter
desrnbing the sernces expect your attar?ato resolve with the merchant and a copy of your contract
Q 10.1 certify that I do no recognize the transaction, Merchants often provide telephone numbers next to their
name on your billing statement. Plum attempt to corm the merchant for information.
Q 11. If you dispute is for a differemreason, please contact us at the above telephone numbs
Signature (required): Date:
Best contact telephone #: Home#:
Billing ri?ytts are only preserved by written inquiry. To preserve your billing rights, please return a
copy of this form and anyy suppporn ?g information ?egardi; the merchant charge in question to:
Attn: Billing Inquiries, EO. Box 15026, Wilmington, DE 19850.5026, USA.
PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMENT.
To calculate the daily balance for each day in this statem nA billi ng cycle, we take the
beginning balance, add an amount equal ro the applicable Daily Periodic Rate multiplied by the
prevuouu day's daily balauxe, add new Purchases thew Account Fees, and renew Transaction Fees,
and subtract applicable payrrherns and credits. h any daily balance is less than zero we treat it as
zero. Tf the Previous Balance shown cm this statement was paid in full in this statemeht§ billing
cycle, then tat the day after that payment in full dace, we exclude from the beg rrning balazmoe
new Purchases, new Account Fees, and new Tiaissacton Fees which pasted on tx before that
payment in full date, and we do not add new Purchases, thew Aoxewnt Fees or new Transaction
Fees whmcli post after chat payment in full dace.
We include the costs for the credit card debt cancellation plan or credit insurance purchased
through us in calculating the beginnin balance for the fast day of the billing cycle after the
billing cycle in which such costs are W.
TOTAL PMOOIIG PAM FWNW CHAR OOA>ptRATION
Periodic Rare Finance Charges accrue and are compounded on a daily basis. To determine
the Periodic Rate Finance Charges, we multiply each Balance Subject to Finance Charge by its
applicable Daily Petiodic Race and that restrh 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 Rare
Finance Charges together: Each Daily Periodic Rate is calculated by dividing its corresponding
Annual Percentage Rate by 365.
NOW Wi ALLOC M YOM PIIIYfI?fl1'a
We will allocate your payments in the manner we determine. In most lnStanCeS, we will
allocate yourpa is to balances (including transactions made after this statement) with lower
APRs before ba? wide higher APRs. This will result in balances with lover APRs (such as
new balances with promotional APR offers) being paid before any other existing balances.
Payment Onus Oafts anti Kagtfatg Yaw Miscount In Otwd
Your Payment Due Date will not fall on the satire 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 ovedimit fees, we must 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.
Itnportwd Itdwmndm about PWAMM is by Phon*
When using the optional Pa Phone service, you authorize us to initiate an electronic
payment frorrh your account at the nancial institution you designate. You must authorize the
amount and turning of each payment For your protection, we will ask for security information.
A fee may apply. To cancel, call us before the scheduled payment date. Same-day payments
cannot be edited or canceled.
For the complete terns and conditions of your account; consult your Credit Card
Agreement. FIA Cana Services is a tradmame of RA Card Services, N.A. This account is issued
and administered by RA Card Services, N.A.
PAYNUNTS
We credit payments as of the date received, if the payment is 1) received by 5 p.m.
(Fastem Time), 2) received at the address shown in the bottom left-hand corner 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
porno of this statement accompanying it. Payments received after 5 p.m. on any day
ncluding 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-tune electronic Rinds 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 retuned 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 least three business days before the automatic
payment is scheduled to occur.
If ow 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 I _
Address 2 _
City _
State _
Area Code &
Home Phone
Area Code &
Work Phone
PAYMENT.
Choose only one dispute reason.
Zip
Prepared for- AMY WALKER
Account Number. 4264 2942 2678 8877
September 2009 Statement
Credit Line: $10,000.00
Cash or Credlt Available
Account fnfoirnatton
Summary of Transactions Billing Cycle and Payment Information
Previous Balance $10,544.72 Days in Billing Cycle 30
Payments and Credits - $0.00 Closing Date 09/03/09
Purchases and Adjustments +
Periodic Rate Finance Charges +
Transaction Fee Finance Charges + $39.00
$53.47
$0.00
Payment Due Date
Current Payment Due
Past Due Amount
09/30/09
$197.00
+ $1,327.00
New Balance Total $10,637.19 Total Minimum
Payment Due 11e
WorldPoints 3M
For/nfomnatfwn on YourAccount Waft
www.bankofamerica.com
Cali toll-free 1-800-297-2326
TDD hearing-impaired 1-800-346-3178
Mail Payments to:
BANK OF AMERICA
P.O. BOX 15019
WILMINGTON, DE 19886-5019
Mad Sddng lnquirres ft'
BANK OF AMERICA
P.O. BOX 15026
WILMINGTON, DE 19850-5026
Promotional Posting Transaction Reference Account
Purchases and AcHustments Offer ID Date Date Number Number Amount
LA `FE DU W28 015'31 08/30 05"x 1 39.00
TO ALLOW YOU MORE TIME TO PAY YOUR BILL, WE HAVE EXTENDED YOUR PAYMENT
DUE DATE - EFFECTIVE IMMEDIATELY, YOU NOW HAVE A MINIMUM OF
25 DAYS FROM YOUR STATEMENT CLOSING DATE TO SEND IN YOUR PAYMENT.
OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE
Promotional Corr*4nondingAnnud APR Balance Subject to
Category Transaction Types Daily Periodic Rate PswentVe Rate Type Finance Charge
Balance Transfers 0.016849% V 6.15% S $1,522.54
Cash Advances 0.052712% V 19.24% S $0.00
Purchases 0.016849% V 6.15% S $9,054.49
Annual Percentage Rate for this Billing Period: 6.15%
(Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges that results in an APR which exceeds
the Corresponding APR above.)
APR Type Definitions: Daily Interest Rate Type: V= Variable Rate (Interest Rate may vary); APR Type: S= Standard APR (APR normally in effect)
05 0106371900152400000200000004264294226788877
E Check here for a change of mailing address or phone number(s).
Please provide all corrections on the rwerse aids.
BANK OF AMERICA
P.O. BOX 15019
WILMINGTON, DE 19886-5019
ACCOUNT NUMBER.' 4264 2942 2678 8877
NEW BALANCE TOTAL: $10,637.19
PAYMENT DUE DATE.' 09/30/09
AMY WALKER
172 MOUNTAINVIEW RD
MOUNT HOLLY SPRINGS PA 17065-1524
e,w AgvnntAnoW erwAo..a
Mail this payment coupon along with a
check or money orderpayable to: BANK OF AMERICA
w
A
m
O_
ra
1: 5 240 2 2 2 501: 08884 2 26 7888 7 7ir
1AVORTAW M WR111ATTON ANOUT TM ACCOUNT USE 211 Rev. 04/08
CU13TTfA 3=7= MW OF r DA PUTED ITEM - Please call toll free 1.866.266.0212 Monday-Thursday 8am-9pm (Eastern Time), Friday 8am-7pm (Eastern
Time) and Saturday 8am-6pm (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 OF
Your Name:
Transaction Date: Posting Date:
Amount $: Disputed Amount $:
Q 1. The amount of the chug was increased from S to $ or my sales
slip was added incorrectly. Enclosed is a copy of&e sa6 is? Pt s6---tW amount
Q 2.1 cord that the charge lisped above was not made by me or a person authorized by im to use my card nor
were goods or services represented by the transaction received by me or a per authoriucl by me.
Q 3. I have not received the merchandise that was to be shipped to, me on (,MM/DD/YY).
I have asked the ntetcham to credit my account
Q 4.1 was rued a credit slip that was not shown on my statement. A copy of myae& slip is enclosed.
The merchant has up to 30 days to credit your account
0 5. Merchandise that was shipped to me has arrived damalled andror defective. I returned it on
f / (MM1DD1YY) and asked the mercriant to credit myamount Attach a letter describing
>a/-
t le rchandise was damaged "or defective and acopy of theptoof of return.
Q 6. Although I did mW in the above warmcdon, I have contacted the merchant, returned the merchardise
on MMDD/YY) and requested a credit. I either did not receive this credit or it was
unsans exay? ?i a eapla. mg why you are disputing this charge with a copy of the proof of
return. if you are unable to return die merchandse, please explain.
Q 7. I certify that the charge in question was a si transaction, but was pnsud twice to my statement.
did not authorize the second ti . Sale #1 $ _ Refemrice Ile
Sale
ORARM PERIOD
"Grave Period" means the period of time during a billinngg cycle when you will not accrue
Periodic Rate Finance Charges on certain transactions or balances. There is no Grace Period for
Balance Transfers and Cash Advathces if u pay in full this statements New Balance Total by
its Payment Due Date and if you paid in full this staterrherhts Previous Balance in this statement's
billing cyck, then yyoou will have a Grace Period during the billing cycle that began the derv after
this statement's Closing Date on the Purchase portions of the stau'rtrent s New Balance Total
During a 0"/o Promotional Rate Offer l) rw Periodic Rate Finance Chaupes accrue on
balances with the 0% Promotional Rate and 2) you must pay the Total Mimmtun Payment
Due by its Payment Due Date (and avoid any otter "pmmoaon ttun?ff evtatt" as defined in
your Credit Card Agreement) to maintain the 0% Pnxnotional Rate.
** If a corresponding Annual Percentage Rate in the Finance (ht T Schedule on the front
of this statement contains a *" symbol, then with respect to those balances: l) the 0%
Promotional Rare will expire at the end of the treat billing cyck, and 2) you must pay this
statements New Balance Total by its Payment Due Date to avoid Periodic Rate Finance Charges
after the end of the 0% Promotional Rare Offer on those balances existing as of the Closing
Date of this statement.
CALCULATION OF BMM=ACT TO FWANCE CHARM
Average Balance Method (including new Balance Transfers and rtew Cash Advances):
We calculate separate Balances Suh*ea to Finance Charge for Balance Transfers, Cash Advahhces,
and for each Promotional Offer balance consisting of Balance Transfers or Cash Advances. We
do this by: (1) calculating a daily balance for each day in this statements billing rye ' (2)
calculating a daily balance for each day prior to this statements biling cycle that ha a "Pre-
Cycle balance" - a Pre-Cycle balance is a Balance Transfer or Cash Advance with a transaction
date prior to this statemeuts billing cycle but with a posting date within this statement's billing
cy, (3) adding all the daily balances ,and 4) dividing the sum of the daily balances by
the number of days in this statement's bcle.
To c:a"m the daily balance for each y in this statement's bill u? we take the
beginning balance, add an amount equal to the applicable Dailyy Pe?riodic ue multiplied by the
previous days daily balance, add new Balance Transfers, new Cashh Advances and 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 billr'rrg cycle that had a PreCycle balance, we take the beginning balance attributable solely to Pre-Cycle balanroes (which
will be zero on the transaction date of the first Pre-Cyde balance), add an amount equal to the
applicable Daily Periodic Rate multi bed by the previous day's daily balance, and add only the
ceppplhcable PtrCyde balances, and 91 relatte'd Transaction Fees. We exclude from this
c akulation all transactiorsp?tecl in previous billing cycles.
Average Daily Balance Method (includin new Purchases): We calculate separate Balances
Subject to Finance Charge for Purchases and for each Promotional Offer balance cork%M of
Purchases. 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.
Account Number
Reference Numbs
Merchant Name:
one mspute reason.
Q 8.1 notified the merchant on / / (MWDDNY) to caned the pre-authorized order
(reservation). Please note canoeation # ar@Tavailable, enclosea copy of your contract and a
copy of your telephone bill showing dace and time of cancellation. Reason for cancellation /cancellation
#
Q 9. Akho,* I did engage in the above transaction, I have contacted the merchant for credit The services to be
p -W.did at_/ ( (MMIDD/YY) were not received or were unsatisfactory, Attach a letter
describing the serrces expecte?yow amempts to resolve with the merchant and a copy of your contract
Q 10.1 certify that f do not recognize the transaction. Merchants often provide telephone numbers neat to their
name on your billing statematt. Pkase attempt to contact the merchant for i dwriation.
Q 11. If your dispute is for a different reason, please contact us at the above telephone number
Signature (required): Date:
Best contact telephone #: Home:
Billing rihthts are only preserved by written inquiry. To preserve your billing rights, please term a
copy of tlhiu form anted anyy suprornng information regardurg the merchant cbarge in question to:
Atm: Billing Inquiries, P.O. Boar 15026, W& i,., DE 19850 5026, USA.
PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMENT.
To calculate the daily balance for each day in this statements bid* cycle, we take the
begtnnutg balance, add an amount equal to the applicable Daily Periodic Rate multiplied by the
previous day's daily balance, add new Purchases crew Account Fees, and nrew Transaction Fees,
and subtract applicable payments and credits [f any daily balarnce is less than zero we treat it as
zero. ff the Previous Balance shown on this statenrrent was paid in full in this statements billing
cycle, then ern the day after that payment in full date, we exclude from the beginning balance
new Purchases, new Account Fees, and ttesv Transaction Fees which posed on or before that
payment in full dace, and we do not add new Purchases thew Account Fees or new Transaction
Fees which post after drat payment in full dare.
We include the costs for the credit card debt cancellation plan or credit insurance purchased
through its in calculating the beginning balance for the fast day of the billing cycle after the
billing cycle in which such costs are billed.
TOTAL. PEW= RATE mmm CHARGE 00l/rUTAT10N
Periodic Rate Finance Charges accrue and are compounded on a daily basis. To determine
the Periodic Rate Finance Charges, we multiply each Balance Subject m 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 togedrec Each Daily Periodic Rate is calculated by dividing its corresponding
Annual Percentage Rate by 365.
HOW WE ALLOCATE YOUR PAYII =
We will allocate your payments in the manner we determine. In roost instances, we will
allocate yo am to balances (including transactions made after this 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.
Penn A Otis Dales and K 1 A YGW Account In Oac d 8l 11
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 overlimit fees, we must 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.
Important Wommaflon about Payments by Pfrons
When tying the optional Pay-bp-Phone service, you authorize us to initiate an electronic
payment from your amount at the financial institution you designate. You must authorize the
amount and timing of each pa For your protection we will ask for security information.
A fee may apply: To cancel, callus behxe the sdteduled payment date. Same-day payments
cannot be edited or canceled.
For the complete terms and conditions of your acmunt, consult your Credit Card
Agreernettt. FIA Card Services is a tradename of FIA Card Services, N.A. This account is issued
and administered by FIA Card Services, N.A.
PAYMENTS
We credit payments as of the date received, if the payment is 1) received by 5 pm.
(Fasten 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-tune 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 retuned 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 least three business days before the automatic
payment is scheduled to occur.
If your 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
Zip
EXHIBIT B
CERTIFICATE OF PURCHASE
I, I V I G I L , hereby depose and state that:
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:
Original Creditor:
Account Number:
AMY WALKER
MBNA
4264294998219325
On or about October 19, 2009 this account was sold by the original creditor.
CACH, LLC is the current owner of the account and purchased the account for
good and valuable consideration.
JUL 3 0 2010
Date:
By. 6?)2
Sworn and subscribed to before JUL 3 0 2010
me this day of , 2010.
SNP r<Rgs?
??Q?;?pTAgy•F?N
Notary Public
O
O
qTF OF CO
My Commission Expires 03/0212011
AFFIDAVIT OF CLAIM
AND CERTIFICATION OF DEBT
STATE OF NORTH CAROLINA
CITY OF GREENSBORO
Bank of America, N.A.
Accountholder: WALKER, AMY Account No(s).: 4264294998219325,
4264294226788877
The undersigned, Rachel Miller, being duly sworn, states and deposes as follows:
1. That Affiant is employed by Bank of America, NA successor in interest to Fleet Bank, MBNA Bank,
NA, Nations Bank ("Bank of America") in the position of Bank Officer and is duly authorized to make
this affidavit.
2. That the original contract in this matter has been destroyed, or is no longer accessible to Affiant and
that this Affidavit is to be treated as the original document for all purposes. If any originals are
discovered, they will be submitted to the court for review.
3. That the statements made in this Affidavit are based on the computerized and hard copy books and
records of Bank of America, which are maintained in the ordinary course of business, with the entries
in them having been made at or near the time of the transaction recorded.
4. That account number 4264294998219325 also known as 4264294226788877 was opened on 02/03/05
by AMY WALKER whose social security number is 165-62-3304.
5. That there is due and payable from WALKER, AMY as of 10/19/2009 the sum of $10637.19
withstanding legally chargeable post charge-off interest, pursuant to the terms of the card member
agreement with Bank of America.
6. That said agreement and account was, on 10/19/2009 sold, transferred and set over unto CACH, LLC,
with full authority to do and perform all acts necessary for collection, settlement, adjustment,
compromise or satisfaction of the said claim.
7. That as a result of the sale of said account, CACH, LLC and/or its authorized agent, has complete
authority to settle, adjust, compromise and satisfy same that Bank of America had no further interest in
this account for any purpose.
8. That to the best of Affiant's knowledge, information and belief, there were no uncredited payments,
just counterclaims or offsets against said debt when sold.
FURTHER AFFIANT SAYETH NOT.
JUN 21 2W
DATED THIS _day of , 2010
BANK OF AMERICA, NA
By: 4 Subscribed and sworn to before me this
Bank Officer
JUN 21 20
of 2010
My commission expires:
Notary Seal
JOY E. JEFFERSON
Notary Public
Guilford County, NC
My Commission Expires March 8, 2014
CACH, LLC 000602
2??
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 night 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
ve ou this notice to tell you about our choice to
fimitymarketing from all the Bank ofAmerica
affiliated companies.
You may limit all the Bank of America affiliated
companies, such as the banking, loan credit card,
insurance and securities companies, Nm marketing
their products or services to you based upon your
personal information that they receive from other
Bank of America companies. This information
includes your income, your account history, and your
credit score.
Your choice to limit marketing offers from the Bank
of America affiliated compames will apply for at
at 5 years from when you tell us your choice.
Before your choice to limit me ketin offers expires,
9 u will receive a renewal notice that will allow you
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 marketin offers, contact us at 800.374.2632
Effective October 1,008
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 ompany
LaSalle Financial Services, Inc.
dba LaSalle Insurance Services
Brokerage and Investments
BACAP Alternative Advisors, Inc.
Bank of America Capital Advisors LLC
Banc of America Investment Advisors, Inc.
Banc of America Investment Services, Inc.
Banc of America Securities LLC
LaSalle Financial Services, Inc.
U.S. Trust Hedge Fund Management, Inc.
UST Securities Corp.
.
w
v
(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
persorially identifiable information about a consumer or a
consumwe 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
the security of information a priority
uncial information secure is one of our most
responsibilities. We maintain physical, electronic
3rd1 safeguards to protect Customer Information.
s for e business gge uurrapputhorized taccess empCustomer
loyees are
a code of ethics that requires wnSd nta?al
of Customer Information and are subject to
action if they fail to follow this code.
collect and use various types of information about you
your accounts to service your accounts, save you time
money, better respond to your needs and manage our
rasa and risks Customer Information is categorized in
bilowing six ways:
ientification Information - information that identifies
such as.name, address, telephone number and Social
B. Application Information - information you provide to us
on applications and through other means that will help us
determine if you are eligible for products you request.
Examples include assets, income and debt.
C. Transaction and Experience Information - information
about transactions and account experience, as well as
information about our communications with you. Examples
include account balances, payment history, account usage
and your inquiries and our responses.
A. Consumer Regan Information -information from a
consumer report. Examples include credit score and credit
history.
Information from Outside Sources - information from
outside sources re fin employment, credit and other
relationships that will harp us determine if you are eligible
for products you request. Examples include employment
inshistory, ce ocaoverabge and othetrn erifi atiionssalancea, property
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
Yormation within Bank of America
mica is made . up of 'a number of companies,
mciai service providers, such as our brokerage
d credit card company, and nonfinancial
such as our operations and servicing
erica may share any of the categories of
ormation among our companies. For example,
sharing information allows us to use information about your
ATM, credit card and check-card transactions to identify
any unusual activit and then contact you to determine if
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
the 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, includingg
companies located outside the United States. v
nonaffiliated companies that act on our behalf and receive
Customer Information from us are contractually obligated to
keep the information we provide to them confidential, and
to use the Customer Information we share only to provide
the services we ask them to perform. These companies may
include financial service providers, - such as payment
processing companies, and 'nonfinancial companies, such as
check pprinting and data procenoI annex.
In addition, we may share any o the ca rtes of Customer
Information with companies that work or us in order to
provide support and other services, such as a
service provider distributes marketing materials. These
companies may help us to market our own products and
services or other products and services that we believe may
be of interest to you. Please note that some of our own
companies may provide marketing support and other
services for us as well.
Sharing information with third parties (for customers
ration, Transaction and
as Other General
of your (1) Bank of
( Sponsored Accounts
parties.
1. Credit card account information, whether co-branded or
not may be shared with third parties
.
2. Stponsored Account information may be, shared with third
parties. Sponsored Accounts are non-credit card accounts or
services provided by Bank of America that are also
endorsed, co-branded or sponsored by other organizations.
charities. Sponsored Accounts may' include deposit accounts
or other banl ' services provided by Bank of America,
such as a savmRs 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
u you are unsure wnetiner any of our accounts are
onsored Accounts, please contact 1.888.341.5000.
0e 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
Noniueaacial companies (such as retailers travel
companies and membership' organizations: and
vtner companies town an
to credit card and Sponsored Account inforn
see Section 4, Honoring your preferences to
i may choose to out out of this sharine.
any of the cateories of Customer
reaus and similar- 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 for each account
separately. When any customer on a joint account requests
that we not share with third parties, that preference is
applied to the entire account.
You may _request that Application Information, Consumer
Re ort I?3formation and Information from Outside Sources
norbe shared among Bank of America companies.
For sharing among Bank of America comps ies, 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.
nay choose not to receive direct marketin
3sta1 mail, to hone and/or e-mail -
ica. These preferences apply to all ma:
us and from companies worlung for. us.
mount of telephone solicitation our cuatc
of America does not offer nonfinancial
oners prom us may mcmae information snout products ana
services we believe maybe of interest to you.
If you elect not to receive direct marketingg offers by postal
m il, telephone and/or e-mail, please ndte that we may
continue to contact you as necessary to service your account
and for other nonmarketing p sea. 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
ar account mailings and statements, including online
an ATM communications.
Each customer may opt out of each direct marketing opption
individually. Since marketing programs may already be in
progress, it ma CE up t 12 weeks for pmail
opt-out to be ffective. When you ot out of direct
marketin by pmail or telephone, your opt-out will
last for five C5) years. After that, you may choose to renew
rouropt-out for another five-year period.
f. Actions you can take
You can tell us your preferences by:
Notifying us atbankofamerica.com/privacy and
entering your information on our secure Web site
• Calling us toll ftee 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 e-mails requesting account
numbers, asswords or PINS. Call the institution to
verify the legitimacy of the e-mail.
Memorize PINs and refrain from writing PINs,
Social Security numbers debit or credit card
numbers where they could be found.
• Shred documents containing any sensitive
information before discarding, e.g. bank statements.
Confirm that an Internet site is secure by checking
that the URL (Web address) begins with "https".
• Review your credit report at least once every year to
make sure all information is.up to date. For a free
copy of your credit bureau report, contact
www.annualcreditreport.com or call 1.877.322.8228.
• If you think you have been a victim of identity theft
or fraud, you may contact the Federal Trade
Commission SFTC) 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.
Keeping up to date with our Privacy Policy
We may make changes to this poli cy 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:
?nNyf Delaware, N.A.
Consumer Card Services, LLC
i Services, L.P.
LLC
Inc..
ors, Inc.
.ea. Inc.
Inc. `
Management, LLC
1c.
e Fund Management, Inc.
Does went Advisors LLC
[risuriAce Services, Inc.
e of America Agency, LLC
c of America Agency of Nevada Inc.
c of America Agency of Texas, inc.
c of America Ins&rance Services, Inc., dba Banc of
,rica Insurance Agency
. of America Corporate Insurance Agency, LLC
anal Fidelity Insurance Company
eral Fidelity Life Insurance 'Company
1 Estate
LeFocus Services, LLC
onsCredit Financial Services Corporation
a current list of Bank of America companies that have
umer customer relationships and to which this policy
ies, please visit our Web site at
wfamerica.com/privacy. Thia policytoplies to consumer
Amer relation ships established in the l?nited States and
ffective January 1 2008. This notice constitutes the
k of America Uo Not Call Policy under the Telephone
Sumer Protection Act for all consumers and is pursuant
ate law.
may have other privacy protections under state laws;
as Vermont and California. To the extent these state
apply, we will comply with them with regard to our
?m ion practices.
Nevada residents only. Nevada law requires that we
provide you with the following - contact information:
:su of Consumer Protections Office of the Nevada
mey General, 555 East Washington Street, Suite 3900,
V
e-mail:
25118,
alifornia residents only. The
sctices described above are in
law. Vermont and California law
on sharing information about
residents so long as they remain
ce with Vermont law Bank of
information we co$ect about
-companies outside of Bank of
witted by law, such as with the
to service the customer's accounts
or to other financial institutions with which we have joint
marketing agreements. Bank of America will not share
Applicationrnformeation 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 pby law, such as with the
consent of the customer, to service the customer's accounts,
or to fulfill on rewards or benefits. We will limit sharing
among our companies to the extent required by applicable
California law.
Estas norms estdn dispponiibles en espanol a trains de la
sucsrsal bancaria de su localidad
0 2007 Bank of America Corporation.
NV 89101;
se states.
accordan
not share
ants -with
CREDIT CARD AGREEMENT
YOUR CONTRACT WITH US
We reserve c the right to char the terms of this
section titled. at We M yAm? sheAgr?m ri . in the
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 corresponding Annual Percentage, Rate.
The APR corresponds to the Iiailtiy Periodic Rate CDPR')
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?our
monthly statement. To determine the New Balance Total,
we start with the total balance at the beginning of the
billing cycle, which is the "Previous Balance." Then we
subtract payments and credits. Then we add Cash
Advances, Balance Transfers, Purchases and Adjustments
and finance charges.
"Pay in Full" or "Paid in Full" means payments and credits
in a billing 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.
on
time introductory or
may be subject to other conditions. Promotional On
also include limited time introductory or pros
transaction fees. ("Promotional Fees") which may bi
or lower than the standard fees provided in the
titled Transaction Fee Finance Chnr roe
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
AgreemenO to organize this Agreement. The headings 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 iquest. 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) C'Bank
Cash Advance");
4. as part of an Overdraft Protection Program - a
transfer of funds to a deposit account pursuant to an
overdraft protection program ("Overdraft Protection
Cash Advance");
5. to buy "Cash Equivalents" (i.e., foreign currency, money
orders or travelers checks from a non-financial
institution, or person to person money transfers, bets,
lottery tickets, casino gaming chips, fines or bail bonds)
with your card;
6. by an access check you sign as drawer ("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 C'Returned Payment').
"Standard Rate" means the APR "Cash Advance". includes Transaction Fees and adjustments
Balance Transfers, Cash Advances e) and Purc normallhas s effect for associated with any Cash Advance.
"We", "us" "our", and "FIACS" means FIA Card Services,
NA, also trnown 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 Telephone C614 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
'v
"
(continued)
Fees and adjustments associated with any Purchase.
ANNUAL PERCENTAGE RATES.
This section provides the Standard Rates, Default Rates and
Promotional Dffers applicable to your account.
Balance Transfers: The Standard Rate for Balance
Transfer balances is a corres ondin ANNUAL
PERCENTAGE RATE of 9.90%(0.0271231 DPR).
Cash Advances: The Standard Rate for Cash Advance
balances is a corresponding ANNUAL PERCENTAGE
RATE of 24.99%(0.06846646 DPR).
Purchases: The Standard Rate for Purchase balances is a
corresponding ANNUAL PERCENTAGE RATE of
9.90%(0.02753% DPR).
Default Pricing: We may increase
and outstanding Balance the Purchase balances up to the Mail
YOU additional notice, each time
repricing events" in any twelve rocycles. A default re-pncing event
make any Total Minimum Payment
Date; or (2) your total outstanding
credit limit at?any time in a bilring
set your APRs for Balance Trans
Pure rasa balances to different Default
are variable rates calculated using
Rate formula with a marten of up
c resulfs iu a cor
M AlGRAyTE of 29.24%(0.
such APR increase will be effective as
billing cycle in which the second del
occurs. With each additional default
will .gain determine whether there I
c3?cI pes. A1 in le ult RRaates will femai
make each Total Minimum Payment
Due Date and do not exceed vour
the APRs on all new
Cash Advance, and
t Rate, without VM-
you have two "dgiefault
fling consecutive billing
means: (1) you fail to
Due by its Payment Due
balance exceeds your
cycle We may elect to
er, Cash Advance and
to 23.99 percenta?-e
e ondingg ANNUAL,
80110% DPR). Each
if the first day of the
hilt re-pricing event
re-pricing event we
ive been two Pault
to consecutive. billing
rect..-At that time we
variable APRs by at
will be your new
Promotional Offers:.
From time to time we may make Promotional Offers on
certain new Balance Transfers Cash Advances, and
Purchases. When a Promotional Ober ends, its Promotional
Rates will terminate. Any Balance Transfer Cash Advance
or Purchase balance subLect to that Promotional Offer will
return to its respective -standard Rate or Default Rate as
applicable.
2008 then this Promotional offer will apply to eligible
transactions posting to your account through your
statement Closing -Date in February 2009 and this
Promotional Offer will end on your statement Closing Date
in February 2009. If an eligible transaction does not post to
your account by your statement Closing Date in August
2008, then the Promotional Offer will end on your
statement Closing Date in A 2008. Check Cash
Advances bearing Offer ID Hu?K7MB and Direct
Deposits which pit this Promotional Offer will post to your
account as Balance Transfers.
During the time in which may make qualifying
transactions under this Promotional (rifer, they wilbe
subject to the following Promotional Fees:
Balance Transfers: 5.00% of each such g?ua
transaction (Fee: Min. $10.00;; Max. $99.00) ()b' M81
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 Mu?mum Pa nt Due is not
received by its Payment Due Date; or (2) that ur total
outstanding balance exceeds your credit limi?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 ED 86 7MC: The Promotional
Rate for this Promotional er is a corresponding
ANNUAL PERCENTAGE TE of 1.99% (0.00545246
DPR).
This Promotional Offer applies to Purchases each at least
I 00.00 (each an "eligible transaction" for this Promotional
er).
Monal Offer applies to new eligible transactions
in June 9, 2008. an' eligible transaction posts to
A by A t 1, 2008 then this Promotional Offer
to eligi3 traasactiolns postin¢ to your account
uaze in January xuw. it an eligible 1
Motional your account by AVLgust
Promotional Offer will end on August 1,
Direct Degosita are Cash occurs
a'
Cash Advances or Direct Rate w
notional Offer max end at an time if there is a
u turn-off event.' A promotion turn-off event
0 that any Total Minimum Payment Due is not
by its Payment Due Date; or (2) that our total
balance exceeds
your Closing Date. If a promotion credit turn-off event
on this Promotional Offer will end as of the first
at billing cycle. This means that this Promotional
not be in effect in that billing cycle.
Y for the Proniotiona`I . Promotional Offer ID H8B%7MD: The Promotional
oral balances will be Rate for this Promotional is a correspon
dance and will g t the ANNUAL PERCENTAGE RAiTE of 1.99% (0.00548
or if applicable, the DPR).
tie Promotional offer
ends, instead of the Cash Advance Rate. In addition, these
transactions will get the Balance Transfer transaction fee if
they qualify for the Promotional Offer.
Promotional Offer M H68HHH7MB: The Promotional
Rate for this Promotional Offer is a correspondin
ANNUAL PERCENTAGE RATE of 1.99% (0.00W2W
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 Mayy 18, 2008. If an eligible transaction posts
to your account by your statement Closing Date in August
This Promotional Offer applies to Balance Transfers Direct
Deposit Cash Advances and Check Cash Advances bearing
this Promotional Offer ID (each en "eligible transaction" for
this Promotional Offer).
This Promotional Offer apglie? po new eligible transactions
beginning on Juae 13, 2008. If app ell¢?le transaction posts
to your account b your state nt Closing Date in Augixat
2008 then this promotional Cfer will appp?ly to eligible
transactions posting to ? account through y ur
statement Clo Date in ' 2009 and this Promoti dal
Offer will end en ur atatemelnt Closing Date in March
2009. If an eligible d not poet to your account
by your statement Clo
' Date' in August 2008, then the
Promotional Offer will end on ydur statement Cl Date
sin '
in Au?uat 2008. Check Cash Advances bearing O'er ID
H6BI?I37MD 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.
?u
During the time in which you may make qualif jag An increase or decrease in the index will cause a
transactions under this Promotional Offer, they will be corresponding increase or decrease in your variable rates on
subject to the following Promotional Fees: the first day of your billing cycle that begins in the same
month as the determination dat Mi. An increase in the index
Balance Transfers: 3.0096 of each such cc??ual_i#yin means that you will pay higier ,periodic rate finance
transaction (Fee: Min. $10.00; Max. $99.00) (FIN Cl charges and have a her Tota nimum Payment
CHARGE). The -Wall Street Journal does not publish the U .S. Prime
Hate, or i changes the definition of the U.S. Prime Rate,
This Promotional Offer may end at any time if there is a we may, at our sole discretion, substitute another index.
"promotion turn-off event.' A promotion turn-off event
means: (1) that any Total Minimum Payment Due is not CALCULATION OF PERIODIC RATE FINANCE
received by its Payment Due Date; or (2) that your total CHARGES
outstanding balance exceeds your credit i'm' on any We calculate Periodic Rate Finance Charges by multipIying
statement Closing Date. If a promotion turn-off event each Balance Subject to Finance Char by its applicable
occurs then this Promotional Offer will end as of the first DPR and that result by the nuipber o days in the billing
day o? that billing cycle. This means that this Promotional cycle. When Periodic Rate Finance Charges accrue on a
Rate will not be in effect in that billing cycle. Balance Transfer, Cash Advance 'or Purchase balance, those
finance charges berme part of that respective Balance
Promotional Offer ID HOBHKH7MF: The Promotional Transfer, Cash Advance, or Purchase balance.
Rate for this Promotional Offer is a corres onding
ANNUAL PERCENTAGE RATE of 1.99% (0.0054529E BILLING CYCLE
DPR). Your billing cycle ends each month on a Closing Date
determined by us. Each billing cyyr?cle begins on the day after
This Promotional Offer applies to Balance Transfers Direct the Closing Date of the previous-billing cycle. Each monthly
Deposit Cash Advances and Check Cash Advances bearing statement reflects a single billing cycle.
this Promotional Offer ID (each an "eligible transaction" for
this Promotional Offer). WHEN PERIODIC RATE FINANCE
Promotional Offer appli es to new eligible transactions
ning on Jul 13, 2008. If an eligible -transaction posts
our accoun b your statement Closing Date in
,mber 2008 then this Promotional Offer will a ply to
le transactions osting to your account through your
nent Closing Daze in April 2009 and this Promotional
will end on your statement Closing Date in April if an Purr statement tClosiigg? Dateeiin not 02 08 cethen
'romotional Offer will end on your statement dlosing
nn
.Qe..?e...L.e.. no _L a e-_--
Offer ID H6BHKH7MF and Direct Deposits which get this
Promotional Offer will post to your account as Balance
Transfers.
During the time in which you ma make q
transactions under this Promotional Offer, they be
subject to the following Promotional Fees:
Balance Transfers: 3.00% of each such c? ? ?ng
transaction (Fee: Min. $10.00; Max. $99.00) (FIN(;E
CHARGE).
This Promotional Offer may end at any time if there is a
"promotion turn-off event.' A promotion turn-off event
means: (1) that any Total Minimum Payment Due is not
received by its Payment Due Date; or (2) that ur total
outstanding balance exceeds your credit limit any
atatp..rnant C:inaino -no+o Tf a ....n -4-;-- a-..... -1n_
occurs then tnl$ Promotional Offer i
day of that billing cycle. This means
Rate will not be in effect in that bill'
promotion turn-off event occurs durin
includes August 13, 2008 then this
end on the last day of that billing cycl
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 For each variable
rate, the applicable margin is d'sclose above in the section
titled, Annual Percentage Rates.
This index is determined on the last business day of each
month ("determination date'l 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-S a?ely
preceding e-months, including the month in which the
index was determined. The index used to calculate these
TO ACCRUE CHARGER BEGIN
Each new Balance Transfer an Cash Advance begins to
accrue Periodic Rate Finance s on its transaction
date. Balance Transfer and Ca Advance balances
remaining from previous billing eveles accrue Periodic -Rate
Finance Charges from the first d y of the billing cycle. The
transaction date for Check C Advances and Balance
Transfers made by check is the date the check is first
deposited or cashed. The transaction date for a Returned
Payment is the date that the corresponding payment posted
to your account.
Unless subject to a Grace Period, each new Purchase beg' s
to accrue periodic Rate Finance. s on its transaction
date or the first day of the illng?e, whichever date is
later. Unless subject to a Gbrace Penod, Purchase balances
remaining from previous billing cycles accrue Periodic Rate
Finance Charges from the first day of the billing cycle.
When applicable, Periodic Rate Finance Charges accrue
daily. anT compound daily on new balances, and balances
reniamint Finance previous billing cycles. Periodic Rate
herges will continue O accrue even though you
have paid the full amount of any related balances because
we include any accrued but unps?id finance charges in the
calculation of each Balance Subject to Finance Charge.
Your Payment Due Date will be at least 20 days from your
statement Closing Date.
GRACE PERIOD
You do not have a Grace Period for Balance Transfers or
Cash Advances. You will have a Grace Period on new
Purchases, in a billing cycle in w) ch you Pay in Full from
the day after the Pa in FuII date until t? end oil' that
billing cycle. You will have a Grace Period for an entire
billing cycle on new Purchases and on Purchase balances
remaining from previous bang cyples if you Pay in Full by
the Payment Due Date in that Milo?g ?cycle and if during
the previous billing cycle you Paid in Full.
CALCULATION OF BALANCES SUBJECT TO
FINANCE CHARGE
Average Balance Method (ix?cludin new Balance
Transfers and new Cash Advances): We calculate
separate Balances Subject to F' hnce Charge for Balance
Transfers, Cash Advances, and foeach Promotional Offer
balance consisting of Balance Transfers or Cash Advances
by: (1) calculating a dl balance for each day in the
current billing c c e; (2) c culatin a daily balance for each
day prior to the current billing cydle 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 osting date within the current
billing c?e' • (3) adding all the dally balances together; and
(4) diVi ingthe sum of the daily balances by the number of
days in the current billing cycle.
To calculate the daily balance for each day in the current
billing cycle, we take the bTning balance add an amount
equto the applicable Daf y Periodic Race multiplied by
the revious day's daily balance, add new lance
Transfers, Cash . Adva wea . and Transaction.. Fees, . and
subtract applicable payments and credits. If any daily
balance is Fees than zero we treat it as zero.
To calculate a daily balance for each day prior to the
current billing cycle that had aPre-Cycle balance we take
the beginning balance attributable solely to a l?r le
balance (which will be zero on the transaction date
associated with the first Pre-Cycle balance) add an amount
equal to the applicable Daily Periodic Raie multiplied by
tahpe previous dpacy's daily balance, and add only the
eea ceWe excludelefromanthie calculation 1 at11d Iransiacsations
posted in previous billing cycles.
Average ' Dail Balance Method (including new
Purchases): We calculate separate Balances Subject to
Finance Charge for Purchases and for each Promotional
Offer balance consiat* of Purchases by: (1) calculating a
daily balance for each Say in the current billing cle; (2)
adding_ all the daily balances together; and (3 a f4 the
sum of the daily balances by the number of days in the
current billing cycle.
To calculate the daily balance for each day in the current
billing, cycle, we take the beginning balance add an amount
eq to the applicable Daily Periodic Raie multiplied by.
the previous day's daffy balance, add, unless subject to a
Grace Period new Purchases, new Account Fees, and new
Transaction Pose and subtract appplicable paymenta and
credits. If any daily balance is lees than zero we treat it as
zero. If in the current billing a Pay in Full, then on
the day after that Pay in Ft?date, we exclude from the
beginning balance new Purchases, new Account Fees and
new Transaction Fees which posted on or before the Play in
Full date.
We include the coats 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 Finance Chum for all
balances is less than $1.50, then a minimum FINANCE
CHARGE of $1.50 will be assessed on the account in lieu of
any Periodic Rate Finance Charge.
TRANSACTION FEE FINANCE CHARGES
We will assess the following Transaction Fees to your
Account in the same balance category to which the
transaction is posted:
If you obtain an ATM Cash Advance, we will assess a
transaction fee (FINANCE CHARGE) equal to 3.00% of
the U.S. dollar amount of each such Ca Advance (Fee:
Min. $10.00).
If you obtain a Balance Transfer we will assess a
transaction fee (FINANCE CHARGIt) equal to 3.00% of
the U.S. dollar amount of each such Balance Transfer (Fee:
Min. $10.00).
If you obtain a Bank Cash Advance, we will assess a
transaction fee (FINANCE CHARGE) equal to 3.00% of
the U.S. dollar amount of each such Cash Advance (Fee:
Min. $10.00).
If you obtain a Cash EQuuivallent we will assess a
transaction fee (FINANCE C PMU) equal to 3.00% of
the U.S. dollar amount of each such Cash Advance (Fee:
Min. $10.00).
If you obtain a Check Cash Advance, we will assess a
transaction fee (FINANCE OARGE) equal to 3.00% of
the U.S. dollar amount of each such Cash Advance (Fee:
Min. $10.00).
If you obtain a Direct De osit, we will assess a transaction
fee (FINANCE CHARG equal to 3.0096 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 (FINACE CHAR,GM 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 eTmd to
3.00% of the U.S. dollar amount of each such Cas Advance
(Fee: Min. $10.00).
If ransac
ttionk fee FINTransfer HARGE) equal t ad 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 monul? statement is not keceived by us an or before
its Payment ue Date. On the Late Fee transaction date:
if the total outstanding baljance is $100.00 or less,
the Late Fee will be $I5.
if the total outstanding balinice is 100. (eater than
00 but $250.00 or less, the Late Fee will be
-- --
al outstanding balance is eater than
the Late Fee will be $39.1
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.
An Abandoned Property Fee equaI to any costs incurred by
us for compplying with state abandoned property laws, unless
prohibited%ly applicable law.
• '+wa•.car a a 1oV a?V1aV1\
If your checking account with Bank of America is linked to
thia account, this overdraft pr on feature will allow
funds to be transferred Coverdraft ppro?tection transfers')
from this account into your d signated checking, account
with Bank of America ("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 net $100 ($25 if you opened
your checking account in Wdshit y? on or Idaho- $50 if your
checking account is opened with )Military MR6 increment
upp to your available credit limit, regardless of who initiated
tFie overdraft transactions. For example, if your checlung
account has a balance of $1.00 and a check or other debit
item for $125 is presented for payment, which if paid would
cause your checking account to be overdrawn, an overdraft
protection transfer of $200 will be made to your checking
account and an Overdraft Protection Cash Advance of $200
will post to this account. The amount of available credit on
this account must be sufficient to cover the total amount of
overaraft protection fee)- otherwise one or more of tae
overdraft transactions itor that day will be rejected.
However, if the available credit on this account is greater
than the overdraft transaction amount, but the available
credit is insufficient for the overdraft transaction amount to
be rounded to the next $100 increment, then the amount of
the overdraft transaction will be rounded to the highest
whole dollar amount of your available credit. (And in such
an event, the accrued finance charges may result in an
Overlimit Fee.) We may permit or refuse to permit any
overdraft protection transfer that would cause you to exceed
the credit limit on this account; but if we permit it, you may
be assessed an Overlimit Fee during the billing cycle in
which the transfer occurs. This overdraft protection feature
will automatically be cancelled if this account is closed by
either you or us, or at any time upon your request. Your
overdraft transactions remain subject to the terms of our
checking account with Bank of America, any related
enrollment agreement, and this Agreement.
SIGN YOUR CARD
You should sign your card before you use it.
WE MAY MONITOR AND RECORD TELEPHONE
CALLS
You consent to and authorize Bank of America, any of its
affiliates, or its marketing associates to monitor and/or
record any of your telephone conversations with our
representatives or the representatives of any of those
companies. Where you have provided a cell phone number
directly to us, or placed a cell phone call to us you consent
and agree to accept collection calls to your cell hone from
us. For an telephone or cell phone calls we place to you,
you consent and agree that those calls may be automatically
dialed and/or use recorded messages.
3R?J$WRT1 G AGENCIES; COLLECTING AND RMAT
You authorize us to collect information about you in order
to conduct our business and deliver the top quality service
you expect, including information we receive about you
information we receive from third parties such as credii
Z rting agencice and information about your transactions
K us and other companies. You authorize us to share
such information about you or your account with our
affiliates and others.. You may have the right to opt out of
some information sharing. For more details, please refer to
our Privacy Policy.
If _you believe we have furnished inaccurate or incomplete
inrmation about you or your account to a credit repo
a i write to us at: FIA Card Services N.A., Cr
ncies, P.O. Box 17054, Wilmington, DE
1 -? ease include vour name. address. home vhoae
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 an 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 txansaefaon. 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 o 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
account number, or other
authorization to obtain credit on
liable for all transactions made
transactions for which you may
liable, even if the amount of ths
credit limit to be exceeded. Aut o
may have the same access to infp
and its users as the account hold
materials (cards, statements
arty, and that person will be
hose materials to the other li b
users. Notice to any of you will e
you. You may allow authorized s
following ways: (1) by notifying
added to your account as an au
your card or account number to
ways in which you would be allowed another to use your
prevented from denying that y
carefully before you allow anyo
user. By doing so, you author
account to the same extent yp
limited to maldn any purcha
transfers and allowing others
account does not permit you to '
of authority ou give to any a
not attempt to do so. An auth r
continue until you both notify us
the authority and you phym&ll
cannot retrieve the card, you
transactions that we cannot ureve
your card, access checks,
credit device with the
your account, you ma . be *y
by that person including n
not have intended to be
e transactions causes your
rized users of this account
rmation about the account
ers. We may send account
alnd notices) to any liable
responsible for delive
le parties and authorize
considered notice to all of
era on your account in the
us that you want someone
Prized user- (2) by lending
other; or (?3) by any other
egally considdered to have
account or to be Is
a did so. You must think
e to become. an authorized
e the person to use your
u can including but not
s, cash advances, balance
o use your account. Your
t the nature or amount
Prized user and you Zh
ized user's authority will
that you are termmsting
retrieve the card. If you
will remain liable for any
it after you notify us.
YOUR PROMISE TO PAY
You promise to pay us the amounts of all credit you obtain,
which includes all Purchases, C' Advances, and Balance
Transfers. You also promise to _?ay us all the amounts of
finance charges, fees,. and anyy other transactions we charge
to your account. If a bank bra#ch or office sponsors your
account, you promise to pay it any unpaid account balance
it pays us within 30 days.
PAYMENTS ON YOU
You must pay each
Payment Due shown on you
Payment Due Date. Your Payn
month to month. Paymen
requirements set out on the
requirements may vary withoi
the entire amount you owe us
in any billing cycle that a
Minimum Payment T tal Minimuum
make the next T
or if there is a credit balance
pay interest on such amounts.
are not drawn in U.S. doll,
financial institution located o
We reserve the right to reject
has a credit balance as of the.
, credits to
ants or by
ed as navy
ACH PAYMENTS
We process most payment check
information on your check to
transfer. Each time you send
one-time electronic funds transf
process your check as a check o
Funds may be withdrawn from
same day we receive your pay
your cancelled check because wi
We will retain an electronic col
to sto the conversion of your
transfers, call us at the phone n
your monthly statement. You m
Box 15019, Wilmington, DE 1981
TOTAL MINIMUM PAYMENT
You may pay your total outstai
R ACCOUNT
month at ! least
% Total Minimum
statement by its
ite may vary from
conform to the
statement; these
any time.
affect ?oour obligation to
meat A! If you overpay.
dour account, we =not
will re ect gaymente that
and tlliose drawn on a
le of the United States.
payment if ur account
we receive that payment.
such as those generated
son money tranafere are
1 not reduce your Ntal
EL cne you authorize a
r. You also authorize us to
paper draft, as necessary.
Dur account as soon as the
tent. You will not receive
are required to destroy it.
For more information or
necks into electronic funds
tuber listed on the front of
q also write to us at: P.O.
balance at any time.
:r
continued)
Each billinj cycle, you must pay
Payment ue shown on your
Payment Due Date. The Total
the sum of all past due amounts
The Current Payment for each billing cycle includes three
amounts: (1) 1.00% of your balance (your New Balance Total
except for any new Periodic Rate Finance Charges, and Late
Fee), and (2) new Periodic Rate Finance Charges, and (3)
new Late Fee. Generally, the lowest it will be is $15.00. We
round the payment amount down to the nearest dollar. If a
payment is credited to your account but is returned. unpaid
in a later billin cycle we will recalculate the Total
Minimum Payment Due for the billing cycle in which the
payment was originally credited.
YMENT WILL BE CREDITED TO
WHEN YOUR ACCOUNT
YOUR 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 W the upper left-hand corner of the front of
yyur monthly statement; (3) paid with a check drawn in
TS. dollars on a U.S. financial institution or a U.S. dollar
money order; and (4) sent in the return envelope with only
the top portion of your statement accompanying if.
Paaypmments received after 6 m. Eastern time on any day
including the Payment Due-Date, but that otherwise meet
the above requirements, will be credited as of the nest day.
Credit for any other payments may be delayed up to five
days.
HOW WE ALLOCATE YOUR PAYMENTS
We will allocate your payments in the manner we
determine. In most instances, we will allocate your
payments to balances (including transactions made after
your latest statement) with lower APRs before balances
with higher 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 persoas who initially or subsequently request, accept,
guarantee or use the account are individually and together
responsible for trig total outstaredi'n? balance. If you and
one. or more persons are responsible to pay any total
outstanding balance we may refuse to release any of you
from Iiabili until a'll of the cards, access checks and other
credit devices outstanding under the account 'leave been
returned to us and you reppay 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 b3) you fail to abide by any
other term of this Agreement. ur 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 EM[MEDIATE REPAYMENT
If you are in default, en in addition to our other remedies
under this Agreement we can require immediate ppayment
of your total outstanding balance and, unless Zero i by
applicable law and except as otherwise provided under the
Arbitration and Litigation section of this Agreement, we can
also regu?e 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 Payments, or
payments with any restrictive writing withou losing any of
our rights under this Agreement. This means that no
payment, including those marked with " aid in full" or with
an other restrictive words, "I 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
at least the Total Minimum elect to honor it upon presentm nt or return it uncredited
monthly statement by its to the person that presented t, without in either case
Minimum Payment Due is waiting 'for the date shown on t e check. We are not liable
plus the Current Payment. to you for any lose or expense in urred 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
or make a re
as options are
account balances in accordance
reduced payment amount may
charges. You must make the re
avoid a late fee. You must red
Total Minimum Payment Due
payment holiday or reduced pay3
went' We will notify you.
If you omit a paymle t or
r rges applicable
any, will accrue on your,
with this Agreement. The
Pe less than your finance
uced payment on time to
une Asking your regular
each more following a
ant offer.
WHAT WE MAY DO IF YOU ;ATTEMPT TO EXCEED
YOUR CREDIT LIMIT
The total outstare ' balanco on your account plus
authorizations at anytime mint not be more than our
credit limit. If you attempt a t action which result4 in
your total outstanding b ce (plus authorizations)
exceeding your credit limitalave (1) permit the
transaction without raising your creditt; (2) permit the
transaction and treat the amount of the transaction that is
more than the credit limit as immiediately due; or (3) refuse
to permit the transaction.
If we refuse to permit the tra action, we may, advise the
person who attempted the. saction that it has been
refused. If we refuse to permtita Check Cash Advance or
Balance Transfer we may do by advising the person
present?i'nngg the Check Cash Ad ance or Balance Transfer
that credit has been refused t there are insufficient
funds to pa the Check Cash tad ance 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 wed de to permit you to exceed
your credit limait which could 'r promotion turn-off
even to wgi?eeme y ?eo charge an Over 'a t Fee as provided in
this WE MAY AMEND THIS AG MENT
We may amend this Agreement a any time. We may amend
it by adt. deleting, or gang provisions of this
dement. a may increase or any or all of our
APRs. We may increase any or fall of your APRs to rates
which exceed the Default Rat?When we amend this
Agreement we will comply wiilthh the anolfcabie notice
r 011W. vi ieuerar ana Leis are taw treat are
at The amended Agreement (including w
rate or other higher charges or fbes) will annly to
tine amendment oecame enecti . it an amendment gives
eject th change, and if u reject
you the oppoZ?rurty to r
p
the change i7nu revid d in such amendment, e
y t to race ve ediand may ask to return all ces as a nition of your reectonWe may replace yord with smother card at gay t
WE MAY SUSPEND OR CIA YOUR ACCOUNT
We may suspend or close yo account or otherwise
terminate your right to use your ccount. We may do this at
any time and far any reason. Y ur obligations under this
Agreement continue even after w have done this. You must
destroy all cards, access checks r other credit devices on
the account when we request.
YOU MAY CLOSE YOUR ACC UNT
You may close your account by n tifying us in writing or b
telephone, and destroying all ca , access checks or other
credit devices on the account. Y ur obligations under this
Agreement continue even after yo have done this.
TRANSACTIONS AFTER YOUR ACCOUNT IS
CLOSED
When your account is closed, you must contact anyone
authorized to charge transactions to your account, such as
internet service providers, health clubs or insurance
companies. These transactions may continue to be charged
to your account until you change the billing. Also, if we
believe you have authorized a transaction or are attemptinto use your account after you have requested to close the-
account, we may allow the transaction to be charged to your
account.
REFUSAL TO HONOR YOUR ACCOUNT
We are not liable for any refusal to honor your account.
This can include a refusal to honor your card or account
number or any check written on your account. We are not
liable for any retention of your card by us, any other
financial institution, or any provider of goods or services.
HOW YOU MAY STOP PAYMENT ON AN ACCESS
CHECK
You may request a. stop payment on . an access check b
providing us with the access check number, dollar sioroun
and payee exactly as they appear on the access check Oral
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 ma elect to
honor it upon presentment or return it unpaid to the person
that presented it to us for payment, without in either case
waiting for the date shown on the access check. We are not
liable to you for any loss or expense incurred by you arising
out of the action we elect to take.
TRANSACTIONS MADE IN FOREIGN CURRENCIES
If you make a transaction in a foreign currency, the
transaction will be converted by Visa International or
MasterCard International, depending on which card you
use, into a U.S. dollar amount in accordance with the
g erating regulations or conversion procedures. in effect at
e time the transaction is processed. Currently, those
regulations and procedures provide that the currency
conversion rate to be used is either (l) 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 prncessmg date may differ from the rate in
effect on the transaction date or posting date.
r you certain benefits and services with your
benefits or services are not a part of this
rat are subject to the terms and restrictions
the benefits brochure and other official
rovided to you from time to time by or on
nk of America. While any benefits or services
the revious sentence are not a part of this
m or dispute related to any such benefit
all be subject. to the Arbitration and Li n
de Agreemen. We may a ust, add, or elate
services at any time and without notice to you.
WE MAY SELL YOUR ACCOUNT
We may at any time, and without notice to you, sell, assign
or transfer your account, an sums due on your account,
this eement, or our ri?his or obligations under your
accoun or this Agreemen£" to any person or entity. The
person or entity to whom we make any such sale,
as eut or transfer shall be entitled to alI of our rights
an or 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 Del are and we extend credit
to you from Delaware. ThisA??eeewent is governed by the
laws of the State of Delaware Cwithout re to its conflict
of laws principles) and by any applicable federal laws. ?
THE PROVISIONS OF THIS AGREEMENT ARE
SEVERABLE
If any provision of this Aeemen't is found to be invalid, the
remaining provisions wil continue to be effective.
OUR RIGHTS CONTINUE
Our failure or delay in exercisi g 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 1.800.789.6101.
ARBITRATION AND LITIGATION
This Arbitration and Lit?'gatio provision appplies to you
unless you were given the Ipportunity to reject the
Arbitration and Litigation prove ons and you did so reject
them in the manner and time sme required. If you did
rplect effectively such a provi ion, you agreed that any
litigation brought by you agains us regarding this account
or this Agreement shall be bro t in a court located in the
State of Delaware.
Any claim or dispute C'Claim") by either you or us against
the other, or against the employes, agents or assigns of the
other, arising from or relating in any way to this Agreement
or any prior Agreement or your account (whether under a
statute, in con act, tort, or erwise and whether for
money damages, penalties or dec aratory or equitable relief),
shall, upon election by either ou or us, be resolved by
bindmg arbitration. The arbitrat r shall resolve any Claims,
including the applicabili of thi Arbitration and Litigation
Section or the validity o the en ire eement or any nor
Agreement except for any Cl c en?g the vahd& of
the Class ?ctio aiver, which ll 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 &I that Claim is transferred,
removed or appealed to a differnt court, we then have the
right to choose arbitration.
Arbitration shall take place before a single arbitrator and
on an individual basis without res ort to any form of class
action. Arbitration reord may be eel ed at any time unless a
judgment has been ered or he other party would suffer
substantial prejudice by the de in demanding arbitration.
may be wed at any Natiopw Arbitration r-orum once,
www.arb-forurmeom, or P.O. Box 50191, Minneapolis,
Minnesota 55406, telephone 1-8)0-474-2371. If the NAF is
unable or unwilling to act as arbitrator, we may substitute
another nationally recognize independent arbitration
organization that uses a slmi code of procedure. At our
wntten request, we will advancp any arbitration filing' fee,
administrative and hearing fee which you are required to
pay to pursue a Claim in arbration. The arbitrator will
decide who will be ultimately esponsible for paying those
fees. If you file a claim against; us, in no event will you be
required to reimburse us f #r any arbitration filing,
administrative or hearing fees m an amount greater than
what your court code would brave been if the Claim had
been resolved in a state court with jurisdiction.
Any arbitration hearing at whi you appear will take place
within the federal judicial dist ct that includes your billing
address at the time the C 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. J§ 1-16 AN 1. Judgment upon
any arbitration award may be entered in any court having
'u
n'
(continued)
sdiction. The arbitrator shall follow existing substantive
taw to the extent consistent with the FAA and applicable
statutes of limitations and shall honor any claims or
privileggee recog?ed by law. If an party requests, the
arbitraTor shall write an opinion containing the reasons for
the award.
No Claim submitted to arbitration is heard by, a 'ury or may
be brought as a class action or as a priva attorney
general. You do not have the right to act as a class
representative or participate as a member of a class of
claimants with respect to any Claim submitted to
arbitration (Class Action Waiver). The parties to this
Agreement acknowledge that the Class Action Waiver is
material and essential to the arbitration of an disputes
between the parties and is nonseverable from this
agreement to arbitrate Claims. If the Class Action Waiver is
Iimited, voided or found unenforceable, then the parties'
agreement to arbitrate (except for this sentence) shall be
null and void with respect to such proceeding, subject to the
right to appeal the limitation or invalidation of the Class
Action Waiver. The Parties acknowledge and agree that
under no circumstances will a class action be
arbitrated.
This Arbitration and Litigation Section applies to all Claims
now in existence or that may arise in the future. This
Arbitration 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 ley you or sale of the debt by us.
For the purposes of this Arbitration and Litigation Section,
..we" an ??
d usN means FIA Card Services, N.A , its parent,
subsidiaries affiliates, licensees, predecessors successors,
assigns, and any purchaser of your account, ; nia all of their
officers directors employees, agents and assigns or any and
all of t?iem. Additionally, "we" or "us" shall mean any third
party providing benefits services, or products in connection
with the account (inRuding but not limited to credit
bureaus, merchants that accept an credit device issued
under the account, rewards or enrollment services, credit
insurance companies, debt collectors and all of their officers
directors, employyeees and agents) if, and only if, such a third
party is named by you as a co-det:endant in any Claim you
assert against us.
Notify Us in Case of Errors or Questions About Your
Bill: If you think your bill is wrong, or if you need more
information about a transaction on your bill, write 'us on a
separate sheet (or use a copy of the form provided on your
bin) at Bank of Americarporation, P.O. Box 15026,
Wilmington, DE 18850. Write to us as soon as possible. Do
not send the notice on or with your payment. We must hear
from you no later than 60 days after we sent you the first
bill on which the transaction or error appeared. You can
telephone us, but doing so will not reserve your rights. In
your letter, give us the 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 l4 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.
automatically from your savin or checking account with
us, you can stop the payment n any amount you think is
wrong. To stop the payment yo letter must reach us three
business days before the autom tic payment is scheduled to
occur.
Your R.i hts and Our sppooasibilities After We
Receive Your Written Notice We must acknowledge your
letter within 30 days, unless w have corrected the error by
then. Within 90 days, we muff? either correct the error or
explain why we believe the bill as correct.
After we receive our letter, we cannot try to collect any
amount you question or report you as delinquent. We can
continue to bill you for the amount you question, including
finance charges, and we can ap ly any =P aid amount
against your credit limit. You do not hto pay any
questioned amount while we are investigating, but you are
still obligated to pay the parts; of your bill tFiat are not in
question.
If we find that we made a muj?ke on your bill, you will not
have to ay finance s related to any questioned
. any
amount. we did not make a stake, you may have to pay
finance charges, and you will ve to make up any missed
payments on the questioned In either case, we will
send you a statement of the ount you owe and the date
that it is due.
If you fail to pay the amount that we think you owe, we
may, reort ou as delinquent. However, if our explanation
does not satisfy you and you w to to us within twenty-five
(25). days telling. us that you stil refuse to pay, we must tell
anyone we report you to that you have a question about
your bill, an we must tellgYonZwe name of anyone we
report you to. We must tell report you to that
the matter has been settled en us when it finally is.
If we do not follow these rule4, we cannot collect the first
$50 of the questioned amount, dven if your bill was correct.
Special Rule for Credit Ca 7ruoprchases: If you have a
problem with the uality oft erty or services that
you purchased wit a credit Oar , and you have tried in
good faith to correct the prob em with the merchant, you
may have the right not to Qay a remaining amount due on
gh
t roperty or services. Thar are two limitations on this right-
(1) You must have made the ppurchase in our home state
or, if not within your home 4te, within 100 miles of your
current mailing address; and
(2) The purchase price must have been more than $50.
These limitations do not appl' if we own or operate the
merchant, or if we mailed yo the advertisement for the
property or services.
02007 Bank of America Corporation. All rights reserved.
If you have authorized us to pay your credit card bill
YOUR BILLING RIGHTS
Seep This Notice for Future Use:This notice contains
important information about your rights and our
responsibilities under the Fair Credit Billing Act.
VERIFICATION O1V VIGIL. , 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 AMY WALKER
owes the balance of $10,637.19 to CACH, LLC on previously submitted invoices,
which balance is due and unpaid as if the date of the execution of this Verification.
I am aware that if any of the foregoing is willfully false, I am subject to punishment.
I understand that false statements made herein are subject to the penalties relating to
unsworn falsification to authorities.
sy:
Dated: JUL 3 02011
-0 VIGIL
Authorized Representative
SHERIFF'S OFFICE OF CUMBERLAND BOUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
~flLittiLV D'C ~ u+r~hrr/~7
d
_ ..r~
'~:~~~~
0 SAP - I AM 10~ ! 5
CUMB~Fi~.~;~y:x COU(VIY
~~~.~~~
Cach, LLC
Case Number
vs.
Amy Walker 2010-5504
SHERIFF'S RETURN OF SERVICE
08/30/2010 03:53 PM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on
August 30, 2010 at 1553 hours, he served a true copy of the within Complaint and Notice, upon the within
named defendant, to wit: Amy Walker, by making known unto herself personally, at 172 Mountain View
Road, Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time
handing to her personally the said true and correct copy of the same.
GERALD WORTHINGT ,DEPUTY
SHERIFF COST: $34.30
August 31, 2010
SO ANSWERS,
... E:~^~""r "~~
RON R ANDERSON, SHERIFF
roj Coun!ySuite Sheriff, Teleosoft. Inc.
Harrison Ross Byck, Esq., P.C.
Attorney I.D. No. 61511
229 Plaza Blvd., Suite 112
FILED-OFFICE
OF THE
PROTHO oT
2010 DEC -2 PM 4: 10
Momsville, PA 19067 CUMBER?A?? ? 0 ?i U??T j
1-888-275-6399// (215) 428-0666 1BERL YLVA?
CACH, LLC ) COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff(s), )
NO: 10-5504 Civil Term
vs. )
AMY WALKER )
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),
AMY WALKER, for failure to answer or otherwise respond to the Complaint in Civil Action.
The Complaint was served upon the defendant(s) on August 30, 2010. A copy of the proof of
service is attached hereto as Exhibit "A".
A copy of the Notice of Intention to take Default mailed to defendant(s) AMY WALKER by
regular United States mail, postage paid, on September 22, 2010, is attached hereto as Exhibit "B".
Assess damages in the amount of $ 13,355.82 as follows: [a] $ 10637.19 principal being sought in
the Complaint; [b] and $ 591.19 interest being sought in the Complaint; [c] and reasonable attorney's fees
of $2127.44, or $ 150.00 per hour, [d] and Court Costs of $ 0.00, [e] and Costs of Service of $0.00.
Date: November 19, 2010
0 a,c/. 06 ? sm4o
or# atisN
Gantt a5191?1
By:
Allan C. Smith, Esq.
Attorney I.D. No. 204756
I?Uf??Ce VYI?6.?1
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
Cach, LLC
VS.
Amy Walker
Vp??xtr of ?aanbr?.?y?A
OFFICE OF THE SHERIFF
Case Number
2010-5504
SHERIFF'S RETURN OF SERVICE
08/30!2010 03:53 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on
August 30, 2010 at 1553 hours, he served a true copy of the within Complaint and Notice, upon the within
named defendant, to wit: Amy Walker, by making known unto herself personally, at 172 Mountain View
Road, Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time
handing to her personally the said true and correct copy of the same.
A'.a
GERALD WORTHINGT , DEPUTY
SHERIFF COST: $34.30
August 31, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
(c) CountySuife Shenff Teleosoft. Inc.
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
Plaintiff,
vs.
AMY WALKER
Defendant(s).
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 10-5504 Civil Term
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 AMY
WALKER by United States mail, postage prepaid and certified mail, on September 22, 2010 at his/her
last address of:
172 MOUNTAINVIEW RD
MOUNT HOLLY SPRINGS, PA 17065
Date: November 19, 2010
--
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 H (215) 428-0666
Attorney for the Plaintiff
CACH, LLC )
Plaintiff, )
VS. )
AMY WALKER )
TO:
AMY WALKER
172 MOUNTAIlWIEW RD
MOUNT HOLLY SPRINGS, PA 17065
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 10-5504 CIVIL TERM
NOTICE OF INTENT TO
FILE PRAECIPE TO ENTER
JUDGMENT BY DEFAULT
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: September 22, 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: 10-5504 Civil Term
VS. )
AMY WALKER )
Defendant(s). )
CERTIFICATION OF NON-MILITARY SERVICE
I, ALLAN C. SMITH, ESQ. of full age, certifies as follows:
I am the plaintiff's attorney herein, and have sufficient knowledge of the facts and am
fully authorized to make this Certification;
2. My information is that the defendant is AMY WALKER.
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 unsworn
falsification to authorities.
Date: November 19, 2010
By
Allan C. Smith, Esq.
Attorney I.D. No. 204756
Request for Military Status Page 1 of 2
Department of Defense Manpower Data Center Nov-05-2010 09:56:58
Military Status Report
Pursuant to the Service Members Civil Relief Act
1W
+C Last First/Nddle Begin Date Active Duty Status Active Duty End Date Service
A
Name gency_
Based on the information you have furnished, the DMDC does not possess
WALKER AMY 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).
rte, r?
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/fagLpis/PC09SLDR.htmi. 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 11/5/2010
Harrison Ross Byck, Esq., P.C.
Attorney I.D. 61511
229 Plaza Blvd.
Suite 112
Morrisville, PA 19067
1-888-275-6399 // (215) 428-0666
Attorney for Plaintiff
CACH, LLC
Plaintiff,
vs.
AMY WALKER
Defendant(s).
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 10-5504 Civil Term
To: AMY WALKER
172 MOUNTAINVIEW RD
MOUNT HOLLY SPRINGS, PA 17065
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:
If you have any questions concerning the above, please contact:
ATTORNEY: HARRISON ROSS BYCK, Esquire at 215-428-0666 or 1-888-275-6399
Money juagmen[
Judgment in Replevin
Judgment for Possession
Judgment on Award of Arbitration
Judgment on Verdict
Judgment on Court Verdict
Law Firm of Allan C. Smith, P.C.
Attorney I.D. #204756
Bucks County Office Center
1276 Veterans Highway, Suite E-1
Bristol, Pennsylvania 19007
Tel (215) 428-0666 / Fax (215) 428-0740
Attorney for Plaintiff
CACH, LLC
4340 S. MONACO STREET - 2ND FLOOR
DENVER, CO 80237
vs.
AMY WALKER
Plaintiff(s),
Defendant.
r ft
ti` 1 JAIL -3 /l:2[
CUMBERLAND COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
DOCKET NO.: 10-5504 Civil Term
ORDER TO SATISFY OR SETTLE
DISCONTINUE AND END
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
® Kindly mark the Judgment in the above matter as Satisfied. This case is now closed.
❑ Kindly mark the above case Settled, Discontinued and Ended WITHOUT prejudice
and without costs against either party.
OR
Please mark the above matter:
Date: June 20, 2014 B
11111,/
ALL - N C. SMITH, ESQ.
n..5-0 /
C?
�3 8a/Z