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Home My WebLink About11-3135it IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH LLC ?? , 2 !?.3 CD VS. NO: DONNA SHAFER C) = ..? o rn 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 S to ?d at+? ,{?3fA lei Harrison Ross Byck, Esq., P.C. 1276 Veterans Highway- Suite- E-1 Bristol, PA 19007 1-888-275-6399/(215) 428-0666 Attorney for Plaintiff #61511 CACH, LLC 4340 S. MONACO STREET DENVER, CO 80237 Plaintiff, VS. DONNA SHAFER 232 S ENOLA DR ENOLA, PA 17025 To: DONNA SHAFER 232 S ENOLA DR ENOLA, PA 17025 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: COMPLAINT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served. By entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and the court without further notice may enter a judgment against you for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 AVISO Le han dernandado a usted en is corte. Si usted quiere defenderse de estas demandas expuestas en las pagins siguientes. Usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia excrita o en persons o con abogado y entregar o sus objecciones a las demandas en contra de su persona. Se avisado que si usted no se defiende. La corta tomara medidas y puede continuar la demada en contra suya sin previo Avisa o notificion. Ademas la corte puede decidie a favor del demandante y requiere que usted compla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedas o otros derechos imporrantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRTTA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICE DE REFERENCIA LEGAL PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 Plaintiff, CACH, LLC, by its attorney Harrison Ross Byck, by way of complaint against Defendant DONNA SHAFER, 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, DONNA SHAFER, is an individual residing at 232 S ENOLA DR, ENOLA, PA 17025. 3. Defendant, DONNA SHAFER, is indebted to SLEEPYS on an account stated by and between them in the amount of $2,984.99 which balance was due and unpaid as of October 5, 2009, for credit card account number 6019191006681418. <Exhibit A> 4. On or about October 28, 2009, SLEEPYS sold the debt for good and valuable consideration to plaintiff, CACH, LLC <Exhibit B> 5. The Defendant, Donna Shafer, last tendered a payment on February 27, 2009. 6. A copy of the credit card agreement is attached hereto. <Exhibit C> 7. Plaintiff is entitled to charge-off account finance charges of $0.00. <Exhibit A> 8. Plaintiff is entitled to pre-litigation charge-off interest of $2.3708 per day from the default date 28.990% annual percentage rate x $2,984.99 / 365 days) or $2.3708 x 498 days = $1,180.67; 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 $300.00 as stated in the Cardholder Agreement attached hereto as <Exhibit C>. 9. The defendant, being indebted to the plaintiff in the sum of $4,657.66 upon the account stated by and between them did promise to pay said sums upon demand. Demand has been made for payment of $4,657.66 and the defendant has failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendant for $4,657.66 together with other interest and costs of suit. Date: March 10, 2011 EXHIBIT A I" odmrmm &".ro S4m mm Fill wmwN D????r ?? Nor address m *-mal? Check the ass Y ra snd SMM OheeaM M trck DONNA JBHAFER =31000021A16! 232 S ENOLA DR Emil P117-10 - GE MONEY BANK ENOLA PA 170252012 PO Pox moll !170252812327! ORLANDO, rL 328960061 !328960061618! 00092700000000 000927000252470 000601919 1006681 41862 nr.e.w w.r.6rM!!nr?vwwe?..rwrwaw..rrw.arrot!wrErwac rw.u.r..raw SLEEPY'S/GEMB GE Money ^ at Statement Dole pa10642006 Payment Dee Data 08412= Total MlnMUm Payment Due $60.00 OvsMmil Anw" $24.70 SUMOS d Payment $9170 Days Thla Parlad 31 PAYMENT DUE BY S PJd. ON THE ?UE DATE wo mes sanwd yw ear- V40 -6, '-dose. Sw F& ON d0a wx w ,?. a-r®v-ArYS.w r n?.? I?Yr i.a l? R rw.? PreYIOW Sa4ncs $0.00 + New PwcMsa t Balance Translate $2.499.95 Pay.., $0.00 d- Credits. Fees 5 AdjlMhnsnls {net) $24.75 ./- RItANCECHARGE1 $0.00 Transw:ba Fees two New Balance $2.524.70 Credit und! $2.500.00 Ave" Crack $0.00 Tian Gala Post 050 RalarMlce Nwnbar Dsswblbn Amount 0>10612ood 07rozrm1111 II03N,QJD -lA1KP SAID'"CORPHDOBETHPAGE NY j24WJM EQUAL PAYKNT NO NTEREBT Compuwan 0011, (a) C-SWO drq PWlelk How rOU>gNANee CNARGE Aventisoaey PedOdk AMUrt RNAKN was Cd.drlad Prkdyal AM PAMOnIpe CHARM esrerae IYM P1404 50.00 OJN02211(D) 21JM% 50.00 eeUetPeYmwMNskaWOM 50.00 OA000011,!ot Mm 50.00 ANN{rAI PEMC®RAOE RATE *WdU a 21JM S TOWPWb*RNANMCHMU 5000 70-1:4000:E7,70 PROTECT YOUR ACCOUNT PRIVACY, WE ARE UNABLE TO PROVIDE ACCOUNT INFORMATION TO BEBEE ANYONE OTHER THAN THE CARDHOLDBR(S) OR AN AUTHORIZED PARTY. IF YOU WISH TO PERMIT US TO SPEAK TO ANY AUiNORGMD PARTY SUCH AB A SPOUSE ABOUT YOUR ACCOUNT. PLEASE SEND WRITTEN AUTHORIZATION TO THE GENERAL CORRESPONDENCE ADDRESS. YOUR PERIODIC RATE AND ANNUAL PERCENTAGE RATE MAY VARY. Suggested Pao to must to made 10 aveld addi9snal OvWmk Fee. YOUR ACCOUNT BALANCE CURRENTLY EXCEEDS YOUR CREDIT LIMIT. PLEASE REMIT PAYMENT FOR YOUR OVERLNBT AMOUNT TO AVOID ADDITIONAL OVERLBIIT FEES. M4"1110 yav a=wA 000. Pit yew bill 2117. S n-W to 9D emu. Vlsll www MaMYkeAwn lad•yl NOTICE: Sae Mrerea rde sit sdalMd pWn P sn3710r lnVON. hrwne ft 0stiemtnp yaw e00sw4 '3m 020 1 1 4 010406 0lAei 1 .9 3 1073 3000 ST115 OIEg302 MaR lot MaR tt R? i L k 11 ???pl [fl?=ktR UP if ar?'R t?3 lfi' ?l![ir t )3 F ,b 1 Hi??I? F r Igi HIM got "flail tt t; f Of ? i r t+?r r ?tR i 47111 r t s It's a piece of cake! Manage your account online. www.geonlineservice.com Now you can manage your account online when it's convenient for you. Paperless Billing View Account Information Pay Your Bills Online It's all just a click away. www.geonlineservice.com 0 imagination at work 0 0 u z QQ??^^ y? 3 ?s ?• s s? ?s s s 0 P. ?Q i x s S g 6 £O£ C s 3 3 ? c 3 ?• ? 8 3 9 ? '2 ? i 9 ?3 0Fr let I s SIB $ s R° 5?g g s a' o z- R Sal 8 r !! fit' ? ___ . i liWIN i n !(2 i ITE .' ?!! = 6 R ? ? a p ? O i ADOWMANOdW 9me 110 1416 10109 99aa.M "a imam 9100 0.00 10.00 CIliin AffM npbte,lyrM s ?????. ?? New "Ines or 0-00 Pal - &A emend" 00.00 wan 0- Plrn Pry fo Pee duo eloW% PRCUMV. CMce ab Ma M yll and pb1c- - 011Mae DONNA JSHAFER JMID 669t419t 232 S ENOLA OR bel?11y. W GE MONEYBANK ENOL4 PA 17025.2$/2 PO Box NMI !170252812327! ORLANDO, FL 32$116.0061 !328960061618! 00000000006900 000000000000000 000601919 1006681 41862 Parma" Ia1w.0eambwwvbaam QfWdWfbmamvAhWjdvd r0E NOW aMIK R0r0616000NOW SLEEPY'SIGEMS GE Money Pay ordvb 10r inte st We,rte.geonlinew"ce.core Fen OulbfAf arvla e b rep11nya.aeq lot a ab10n, ea0 1-BB63E6j2$A. NM INbO b CM W Nq?oo4y • FrfdOy. Accow l Numbs 601$1910 0$$$141$ Statement Data 10/0612009 Payment Due Date 1Gr06R009 Talal Minimum Payment Due, $611$.00 Days 7mi Period 29 PAYMENT DUE BY 6 PAL EASTERN ON THE DUE DATE Womay-, yow Pal a e"aoaNMwedraa. a"rave" swe, PnMmlrs Balance $2,915.119 New PurcMus / Balance, Transient $020 • Payments $0.00 +!- Cradle, Fns $ Agwmenta (nsl) $2,94629• ./• FR AWECHARGE1 $0.00 Transaction Fen Ibq Now Balance $0.90 CmdE Umu $2,500.00 Ava4bU Credit $0.DD Tran Dale Pool Date, ReleMba Numbn Oaerplton Amount mroorg00a lumwa000 Fa0r30MNpppppppp CHARGE OFF ACC WT.PRNCPALS $X12190 10.I .I., IWEfM FON30payp0aaD11p CHARGE OFF ACCOIMf'FEIANCE CHARGES' 11115M CA! =3Y1000 OaQW111100 LATE FEE We" Cefpeseen Dasyi0l 4ne+anslo How Yaw ANANCE CHARM Ave es Day Peloaie Aead Was Colao"d PdrICIpY Rob WwF"pa Pemao RNa1NCE QIMDE 511100" Rate pidahlass 90A0 0.07!18% ID) 2Me,1i 90m ArINOAL PlIICENTaOE RATE ^a11yN 211 N TOW Psft&FINANOE CHAtOE 11120 y ymn Pair the, "&moam d Pa7r%nr atlouro you vdu brmg yow wAom - in yaw auk IIteE and amid felfto l kwilvalt Fee,. 'OUR PERIODIC RATE AND ANNUAL PERCENTAGE RATE MAY VARY. Ines mM wmwfa mans at v+ww.OpalWayroom. Pay amid via MNpW -carry a to of 11110-1115, 0ur on4bs and ubRStad pbplsns aevba era avaaaMa 24/7. True paw towws Ia. alb oydukaa answers to your quaMn. The bow aye to akwuheOlblOfaNaarvba se, F ' NOTICE: Bee bven se, 1116 aaaaon11l was U eMl Iw aa00Aarf YdOnMaon alrlalldrq yw amouN 5367 0x 1 s 6 091005 iv?ACC H ar 1 9013 1090 e,10 01EM02 EXHIBIT B CERTIFICATE OF PURCHASE TOM VIGIL hereby depose and state that: 1. 1 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: SHAFER, DONNA Original Creditor: GE MONEY BANK Account Number: 6019191006681418 3. On or about 10128/2009 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. 8 FEB 17 Date: By: Swom and subscribed to before me this day of Notary Public 2011. oTARy F?v ;N D ??'?'• , ,o ?G ; Qo FaF co?oP My Commission Expires 03/02/2011 FEB. 2011 (FRR x_5.10) EXHIBIT C Judgmerry als. Any court having jurisdiction may enter judgment upon the arbi s award. The arber"s decision will be foal and except for. (1) any appeal right raider the FAA; and (2) any party may appeal decisions relaalinq to Claims of more than $100,000 to a tlhree- arbtrator panel appen' tsifby the adminstrator, wFrich will mconwler all over agar any aspect of the appealed award. If you appeal, We will consider in good faith a request that We pay any additional fees of the administrator or IMPORTANT LIMITATIONS AND RESTRICTIONS: IF A CLAIM GOES TO ARBITRATION, NEITHER YOU NOR WE WILL. HAVE THE RIGHT TO: (1) HAVE A COURT OR A JURY DECIDE THE CLAIM; (21 ENGAGE IN DISCOVERY I.E., THE RIGHT TO OBTAIN INFORMATION FROM HE OTHER PARTY) TO THE SAME EXTENT THAT YOU OR WE COULD IN COURT; (3 PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBI- TRATION, EITHER AS A CLASS REPRESENTATIVE OR A CLASS MEW BER; ARBITRAT ON; OR (5) JOIN OR CCO SOLIDATE CLAICMOS S WI H CLAIMS OF ANY OTHER PERSON. HE RIGHT TO APPEAL IS MORE LIMITED IN ARBITRATION THAN IN COURT. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IF YOU OR WE WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. ONLY A COURT MAY DETERMINE THE VALIDITY AND EFFECT OF PARTS 3, 4 AND 5 OF HIS PARAGRAPH. IF A COURT SHOULD HOLD SUCH PARTS TO BE INVALID, HEN THE ENTIRE ARBITRATION PROVISIONS LL BE NULL AND VOID. HOWEVER, HIS WILL NOT LIMIT THE RIGHT TO APPEAL SUCH HOLDING. IF A COURT SHOULD HOLD ANY OTHER PART (S) OF THIS ARBITRATION PROVISION TO BE INVALID, THE REMAINING PARTS SHALL BE ENFORCEABLE. IN NO EVENT SHALL HE INVALIDATION OF ANY PART OF HIS ARBITRATION PROVISION HAVE HE EFFECT OF AUTHORIZING AN ARBITRATOR TO MAKE AN AWARD TO, ON BEHALF OF OR AGAINST, ANY PERSON WHO IS NOT A NAMED PARTY TO HE uRBITRATION. This arbitration provision will survive the termination of your Account and the Card and will raw in face no matter what happens to you or your Account In case of any conflict or rncTastenc , this Agreement controls over any riles and procedures of the arbitration ad *&Fdtpr. 22. GOVERNING LAW. Except as provided in the arbitration provision, this Agreement and your Account and any claim, dis- pute or controversy arising from or relating to this Agreement or your Account, whether based on contract, tort, fraud and other intentional torts, statute, common law and/or equity, are governed by and construed in accordance with federal law, and to the extent that state law applies, the laws of the State of Utah without regard to internal principles of conflicts of law). The legality, enforceabil- ity and interpretation of this Agreement and the amounts con- tracted for, charged and received under this Agreement will be governed by such laws. This Agreement is entered into between you and us in Utah. We make decisions about granting credit to you from, extend credit to you under this Agreement from, and accept your payments in Utah. 23. ASSIGNMENT. We may sell, assign or transfer any of our rights or obligations under this Agreement or your Account, including our rights to payments, without prior notice to you. You may not sell, assign or transfer any of your rights or obligations under this Agreement or your Account. 24. SEVERABILITY. If any provision of this Agreement is determined to be void or unenforceable under applicable law, all other provisions of this Agreement shall still be valid and enforceable. 25. ENTIRE AGREEMENT. This Agreement, together with any applica- tion you signed or otherwise submitted in connection with the Account (which is hereby incorporated by reference in this Agreement), constitutes the entire agreement between you and us relating to your Acoount and supersedes any other prior or contemporaneous agreement between you and us relating to your Account. This Agreement may not be amended except in accordance with the provisions of this Agreement. It is not the intention of the parties that anything in this Agreement should result in the (or) assessment of fees or charges in excess of those permitted % applicable law. If any fee or charge assessed under this Agreement is finally deter- mined to be in excess of that permitted by applicable law, the excess amount will be applied to reduce the outstanding balance in your Account or, if there is no outstanding balance, will be refunded to you. FEDERALAND STATE NOTICES NEW JERSEY RESIDENTS: Because certain provisions of this Agreement are subject to applicable laws, they may be void, unenforceable or inapplicable in some jurisdictions. None ofythese provisions, however, is void, unenforceable or inapplicable in New Jersey. Your signature on the application or sales slip for the initial purchase approved on this Account represents your signature on this Agreement and is incorporated by reference. "," P#?w Mark D. Hayes Vice President, Marketing GE Money Bank 4246 South Riverboat Rd., Suite 200 Salt Lake City, UT 84123-2551 Notice: The following is important information regarding your right to dispute billing errors. YOUR BILLING RIGHTS KEEP HIS NOTICE FOR FUTURE USE Tfus notice contains important information about you rights and our responsibilF ties under the Fair Credit Biting Act Notify Us in Case of Errors or Questions About Your Bill t you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet at the address shown on your Statement under biirxi inquiries. Write to us as soon as possible. We must hear from you no later than 60 days cider we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will riot preserve your rights. In your letter, give us the following information: • Your name and Account number. • The dollar amount of the suspected error. • Describe the error and explain, if you can, why you believe there is an enor. If you need more rfomnaton, describe the item you are not sure about Your Rights and Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to erect 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 apply any unpaid amount against your credit iron. You do not have to pa any questioned a? we are nvestgatirg, but you are still obligated to pay the parts o bill that are not in question. If we find that we made a mistake on you bill, you will not have t0 pay any finance charges related to any questioned amount. If we didn't make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the data that it is duet you fail to pay the amount that we think you owe, we may report you as delinquent. However, t our explanation does not satisfy you and you write to us within ten days us that you still refuse to pay, we must tell anyone we report you to that you a question about your bill. And, we must tell you the name of we reported you to. We must tell anyone we repot you to that the ma er has been sallied between us when it finally is. If we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your bill was correct. Special Rule for Credit Card Purchases If you have a problem with the quality of property or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. There are two limitations on this right: (a)You must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address; and (b)The purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. PRIVACY POLICY This Privacy Policy describes our information collection and sharing prac- tires. Please read it carefully and retain with your records for this Account. This Policy applies only to current and former customers and applicants in their relationships with us relating to this consumer credit Account of GE Money Bank ("GEMB," 'we", "us" or "our"). Information We Collect - We tolled personally identifiable information about you (such as your address, phone number, social security number, northers maiden name and transaction infxrnation about items purchased, payments and payment method), for identification, account management, servicing and marketing purposes. We obtain information about you directly from you (such as on application forms), through your use of our products and services, and in some cases, from third parties (such as credit bureaus and demographic firms). Occasionally, we may also collect information about you online using "cookies" (small pieces of data stored by your Internet browser on your computer) or other technology that may be used to remember passwords for you, to track your website usage with us, and to provide you with customized content, among other things. Information We Share with Others - We may use and share all of the information we collect, subject to applicable law, with the following (these examples are not intended to be all inclusive): • The Retailer/MerchantIDealer associated with this credit pro- gram and its affiliates and program sponsors (as applicable), for use in connection with this consumer credit program and as otherwise permitted by law. They may use this Wonation to update their records, to provide you with notices of special promotions and other tailored offerings, to answer questions about this Account and perform other credit program functions or fa other purposes permitted by law. They may use their affiliates, licensees, sponsors or third-party service pro- viders (such as modeling and database companies) to assist them in any of these activities. (h0) • Service Providers and program sponsors (including our affiliates), to assist us in servicing Accounts, Ike preparing billing statements and prorhoborhal materials, and responding to customer inquiries. We also may use marketing firms, such as modeling companies, to assist us in our own marketing efforts. • Financial Institutions with whom we jointly offer financial prod- ucts, such as ban products or credit insurance. If your billing address is in Vermont, this information will be Imited to your name and contact information, and transaction and experience infmnatan on this Account • GEMB's affiliates, who are other companies in the General Elec- tric Company corporate family ("GEMB Affiliates") for servicing or marketing purposes, sugeot to your right to opt out of sharing of credit eligibility information, such as certain information from credit bureaus and your application, as provided in the it's Your Choice section below. Subject to your night to opt out, GEMS Affiliates also may use information from us concemiig your credit eligibility and your transacbons and experience with us, to send you marketing solicitations about products and services. • Third Parties, who are interested in offering special products or services to you, subject to your right to opt out as provided in the It's Your Choice section below. For example, we disclose information, either directly or through the RetaklMerchantlDealer and its of Bales and program sponsors (as applicable) to financial services providers offering products such as insurance, mortgages or bans, and ran- financial companies offering consumer products and services. We may disclose name, address and telephone numbers, as well as Account purchase and performance history. • Others: We report Account information, such as credit Irtat, balances and payment information, to credit bureaus. In addition, we may buy and sell assets, lines of business ardor Accounts. When this occurs, custom information gerner* is disclosed to bidders and is one of the transferred business assets. We also disclose nformation abort you to third parties in certain other circumstances, as permitted by law. R'S Your Choice - You have the right to opt out of our sharing of information with certain third parties, as described below. To opt out please call us tolbfiee at 1-877405-2097, or write to us at P.O. Box 981439, El Paso, TX 79998.1439. If you have previously informed us of your preference, you do not need to do so again. If you opt out, you will be directing us as follows: Do not share information about me with companies other than with GEMS Affiliates, and with the RetailerlMerchantlDealer and its affiliates and program sponsors (as applicable) for use in connection with this credit program and as otherwise permitted by law. Do not share with GEMS Affiliates information used to determine my eligibility for credit. Do not allow GEMS Affiliates to solicit me for products and services based on transaction, experience or credit eligibility information they receive from GEMS. Important Notes About Your Choice • Please understand that, even 9 you opt out as described above, we will continue to share information with the RetailerAilerchantlDealer and its affiliates and program sponsors (as applicable) associated with this Account, joint marketing partners and service providers as described in this policy, and as otherwise permitted by law And we will corntinue to share information that identifies you, and about your transactions and experiences with us, with GEMB Affiliates. (11) • If you have a joint account, a request by one party will apply to all parties on the Account. We will process your request promptly However, it may take us several weeks to ensure that all records are updated with your preference. In the interim, you may continue to be included in programs as described above. Also, after your request is processed, you may still be contacted by GEMB Affiliates andlor other companies based on their own information. Even if you opt out, we will continue to provide you with bil rig inserts and mail notices of special offers and new benefits. • Vermont Residents: If (and while) your billing address is in Vermont, we will treat your Account as I you had exercised the opt-out choice described above and you do not need to contact us in order to opt out 6 you move away from Vermont and you wish to restrict us from sharing information abort you as provided in this Policy, you must then contact us to exercise the opt-out choice described above. Our Security Procedures - We maintain physical, electronic, and procedural safeguards that comply with federal standards to guard nonpublic personal information about you. We limit access to personal and Account information to those employees and agents who assist us in providing products and services to you. We also require third parties to wham we disclose nonpublic personal infuriation to adhere to this Privacy Policy and to establish information security procedures. Your Access to Information - We provide you access to information about your Account by sending you monthly billing statements outlining your transactions, finance charges, and other Account information, and by providing customer service representatives to answer your questions. Now This Policy Applies to You - The examples contained in this Privacy Policy are illustrations only and are not intanded to be al inclusive. If you decide to close your Account, or become an inactive customer, or if we close or suspend your Account, we will continue to adhere to the privacy policies and practices described in this notice to the extent we ran information about you. We may amend this Privacy Policy at any fime, and we will inform you of changes as required by law. You may have other privacy protections under state laws and we will comply with applicable state laws when we disclose information about you. This Privacy Policy applies only to thus consumer credit Account with GE Money Bank and does not apply to any other accounts you may have with us, and replaces our previous disclosures to you about our information practices. F For account information, visit us at www.geonlineservice.com 181-501-00 Revision Date: 2/01/07 Print Date: 2/07 M-75220 (12) GE MONEY BANK CREDIT CARD AGREEMENT 1. GENERAL. This Agreement ("Agreemenr) governs your Sleepy 's credit card account ('Account"). In this AAgreement and your billing statement C Statement"), "we', "us and "our" means GE Money Bank, 4246 South Riverboat Rd., Suite 200, Salt Lake City, UT 841232551, "you" and -your" means all persons who we approve to use the Account; and "Card" means your S y's Credit Card. The effective date of this Agreement will be the earlier of (gift date you submit an Account application that is approved by us, or (I) the fist date that you or someone authorized by you uses the Account. 2. USE OF ACCOUNT. You may use your Account (i) to purchase goods and services ("Purchases"1, (ii) to obtain cash advances ("Cash Advances") by writing convenience s ("Convenience Checks' we may provide to you from time to lime or by other means we may make available, or (iii) to transfer balances from other credit card accounts to this Account ("Balance Transfers") by means (including balance transfer checks) we may make available from time to time, in each case up to any credit limit we ma establish fixyo,r Account ("Credit Lunt"). Except as otherwise provided in this rnent or in any applicable offer, Balance Transfers will be trued as Purchases. You may rut We Balance Transfers to this Account from other accounts with us or any of our affiliates. We may limit your Cash Advances to a portion of yarn Credit Limit (your "Cash Limi't"? and if we do so, you agree not to take Cash Advances in excess of your Cash Limit. We may decline to authorize any Purchase, Balance Transfer or Cash Advance or change your Credit Limit at any time. You may use your Account only for personal, family or household purposes. 3. PROMISE TO PAY. You promise to pay us for all credit that we extend on your Account for Purchases, Balance Cash Advances, and all other amounts owed to us under the terms of this Agreement 4. PERIODIC FINANCE CHARGES. A. We calculate the periodic Finance Charge separately far Purchases and Cash Advances. The Annual Percentage Rate may sometimes be referred to as "APR". For each billing period In which a periodic Finance Charge is imposed the amount of the Finance Charge is the total of (i) the amount of the periodic France Charge calculated during the current billing period, plus (r) if you had a Purchase Balance during the prior billog period the amount of the periodic Finance Charge that was oaladated on ? pbPurrc?chase Balance dun' the e pnor billing period, but rat imposed in is France calculates a?the cable daffy periodifor c rate ("Perrad??&') rn e1lect dung That ' period to the balance W W' to periodic France Charges for ad n the billing perod, and aft i together all of GE of p Charge daffy France amounts. A mrinum FIMCE to $1.50 will be imposed for each bilig period in which your Account is subject to a France Charge. B . The periodic Finance will be determined separately for charges incurred under any Special Payment Plan in accordance with the terns established for such Special Payment Plan. You understand and ac- k xmbaige that Phis Account provides for the daily compounding of periodic Finance Charges. 5. PERIODIC RATES A. The Periodic Rate for your Purchase Balance's the Purchase Standard Rate, unless the Delinquency Rate applies as described below. The Purchase Standard Rate for a billing period is the greater of (i)) the Prime Rate plus 14.73%, tines 11365, or (I) 06021% (APR 21.98%). The "Prime Rate" for a biting period is the higtmest bank prine ban rate, as published in the Money Rates Section of The Wall Street Jumm on the fifth business day before the fist day of that billing period. As of December 1, 2006, the Purchase Standard Rate was .062950/. (APR22.98%). (1) B. The Periodic Rate for your Cash Advance Balance is the Cash Standard Rate, unless the Delinquency Rate applies as described below. The Cash Standard Rate for a Ming period is the greater of fi) the Prime Rate plus 14.73%, times 11365, or =,1021 % (APR 98°k). As of December 22.98%)). . 1, 2006, the Cash Rate was .06295% (APR 22.98 C. The Periodic Rates and ding APRs for all Account balances (including any promotional rates may be iraeased t fad to make a required Minimum Pay, o the Payment Due Date, you make a t to us that is riot txxrorw your bank or you exceed your CLintit If we increase your Periodic Rates, the now Periodic Rates will be equal to the Rate, Delinquency or at our discretion a lower rate. Our decision may be based on factors such as the tiring or seriousness of any default, your pa t and purchase history and other perfor- mance on this Account The xhaeased Periodic Rates will apply to your ewe balances and fulm transactions and will take effect as of the fist day of-the billing period in which your missed or returned payment was due or in whidh you exceeded you Credit Limit We also may change rates or other terms as provided in the TwnihatoN In Twns Section of this AgreenherhL The Delinquency Rate for a bilft ?d is the of n the Prime Rate plus 20.74%, tines 1/365, or i).07394% r26.99%A). As of December 1, 2006, the Delinquency Rate was .0 2% (APR' 28.99%). D. The Periodic Rates and Comasponding APRs may vary. If the Prime Rate increases, the Periodic Rates and caresspahding APRs may increase and, as a resat, the periodic France Charge, Ftirhimwn Pay- ment and number of payments also may increase. Any charge in the Periodic Rates will apply to your entire Account balance (unless other wise specified in any applicable Special Payment Plan). A change in the Prime Rate will take effect on the fast day of the: flat commences after the change We may select a new n rate index if the Prime Rate is not available. 6. BALANCE SUBJECT TO PERIODIC FINANCE CHARGES. A. The Purchase Balance subject to a periodic Finance Charge is the Purchase Daly Balance of the Account To determine the Purchase Daly Balence, we take the prior day's Purchase Balarhce of you Account, which includes unpaid penodid France C on your Punthase Balance, and add any new Purchases, incu anyBal- anca Transfers that are treated as Purchases, and other to you Account that day, and subtract any payments and other credits applied to your Purchase Balance that day. Fitch day we also add any periodic Finance Charges on your Purchase Balance and other Finance Cha and fees (other than Transaction Fees for Cash Advarhces), ind any debt cartel itim fees, assessed that day on you Ao- count gives us the Purchase Daly Balance of the Account Any Purchase Daly Balance of less than zero will be treated as zero. B Cash Advance ? Advance Balance su1ject tD D Balance of the AAcamtt To Finarim Charge is the the Cash Advance Daly Balance, we take the prior days Cash Advance Bal- ance of your Account, wtrich ndudes any unpaid periodic Finance Charges on.your . Cash Advance Balance, and add any new Cash Advances, ndudnxgg an Balance Transfers that are treated as Cash Advances, Transaction Fees for Cash Advances and periodic Finance Charges on you cash Advance Balance fa that day and subtract payments and other reedits applied to your Cash Advance Balance that day Thisg?es us the Cash Advance D Balance of the Account. Any Cash dA vahce D Balance of less than zero will be treated as zero. 7. WHEN PERIODIC FINANCE CHARGES BEGIN TO ACCRUE. Pur- chases and Cash Advances begin to accrue periodic Finance Charges from the date of the trarhsaction (or, at our option, from the data are posted to your les dox tuhbl the is Account) and continue to accrue finance paid in full. Howeverryou clan avoid periodic Fihance on new r urren t dhases in the C r ling Period 'rf for each lolling period you pay your New Balanrz, Ra ng any blbhce Charges on Cash Advances or Transaction fees for Cash Ad- vances. (2) 8. PAYMENTS. A. You must pay at bast the Minimum Payment on your Statement by the Payment Due Date shown on the Statement You may pay more than Minimum Finance ChargesP, earlier payment?ma , reduce have a the amount of Finance Chances you will pay. Any trine the APR applicable to Account is 24. o or less, your. Mrninum Payment nihallly will be (r the greater of $15 or 3% of your w Balance (excluding any balance attributable to any Special Payment Plan that involves delayed or special payments rournied to the next ' dollar, plus (? arry past due amounts, pins n any t due ur er any Special Payment Plan. Any time the your Acoorunt ter than 24.0%, your Minimum Pay- is initially will be (7 their $15 or 3.5% of New Balance (excluding any balance to any Specal Plan that involves or special payments), rounded to next highest d?ler (a any p? due amounts, pL rd) any payment due under army l yment Plan. However, if during any four month period tely following a bung period in which a late Payment and/or Over Limit Fee is assessed, you pay at least the Minimum Payment month but eqA ? ofthe Fnarim Cthe of your o your Statem?, hert each , month pl ueI % % of your New Balance each month, plus the particular late Payment and/or Over Limit Fee that was assessed in the billing period before the four month period, your Minimum Payyerrr?tt Al be changed for fuhae months to the qr?t? of ete tufrunum Payrrherht calculation stated above, or the sum of 1 % of your New Balance plus Fnarce Charges Late Payment Fees and Over Lint Fees bitted on your Staternert in each case, your Minimum Payment also will include any past due amounts and any payment due under any Special Paymerd Plan. The Mi knum Payment will be the New Balance ' the New Balance is less than $15. B. All written communications concerning disputed amounts, in- cluding any check or other payment instrument that @ indicates that the payment constitutes "payment in full" or is tendered as hrA satisfaction of a disputed amount, or (u) is tendered with other conditions or limitations ("Disputed Payrnents'j, must be mailed or delbvered to us at the address =billing inquiries shown on the Statement, not the Payment Address. C. All payments, except Disputed Payments, must be mailed or delivered to us at the address shown an your Statement (the "Payment Address'. Any payments received after 5:00 pp.m. on an business day, or on any day other than a business clay, oil be credited on the red business day. Credit to your Account may be delayed up to five days if pay mend (a) is not der e* at the Payment Address (b] is not made in U.S. dollars drawn on a U.S. financial institution Itooc?aa?teedd in the U.S., (c) is not accom Hied by the remittan a coupon attached to your Statement, rcordams more than one payment or re- mittance coupon, (e is not received in the remittance envelope provided or inckides , pa clips ape' a folded check or rmrrespo ndencis of any yyppe It this Credit Card program allows in-store payments, yyou agree that any payments on your Account delivered to a Re4ailerlMerrthantlDealer store are handled by the Retailed Mwdw*Dealer as a convenience fa you and are rot received or accepted try us until ph delivered to us. Although we post your payments in the manner described above, we may dray restoring you available Credit Limit in the amount of your paymer t Al credits for parrots to Account are on which the item of paymentrawn- payrrent by the institution I D. We reserve the right to select the method by which pa is and credits are allocated to your Account in our sole discretion. The payment allocation method that we use resuit ' higher Fnaxhe Charges; on you Account, depending on. the of transactions you make such as promotional or non ), and the timing and amount of your payments. examplia, on pro notions requiring a Minimum pruryrratonal balances before the minim?u onal land pap ledto tease . YOU have a non-promotional balance, tits may reduce the benefit from tie promotion. I9 you ward to charge this alocation, plem call customer service. E. We reserve the right to obtain payment electronically for any check or other instrument that you send to us by initiating an ACH (electronic) debit in the amount of your check or instrument to your account. Your check or item will not be returned to you by us or your bank. 9. FEES. You agree to pay the following fees. A. A Late Payment Fee, if we have not received your Minimum Payment by the Payment Due Date shown on your Statement. The amount of the Late Payment Fee will be based on your New Balance at the end of the billing period ending after the Payment Due Date. The Late Payment Fee will be $15 for a New Balance under $99.99; $29 for a New Balance of $100.00 to $999.99; and $35 for a New Balance of $1000.00 or more. B. A Returned Check Fee of $30 if any check or other instrument sent to us, or any electronic payment authorization you provide us in pay- ment on your Account, is not honored upon twat presentment, even if the check, instrument or electronic authorization is later honored. C. An Over Limit Fee of $30 for each bung period in which your New Balance as shown on your Statement exceeds your Credit Limit. We may assess an Over Limit Fee even if we authorize the transactions on your Account that caused you to exceed yaw Credit Limit or 9 you exceed your Credit Lirrit as a result of unpaid Finance Charges, the billing of deferred accrued Finance Charges or other fees. D. A Transaction Fee for each Cash Advance that posts to your Ac- count. This fee All be a FINANCE CHARGE equal to 4% of the amount of the Cash Advance, with a mninwm of $5. E. A Returned Loan Check Fee of $30 in the event any Convenience Check on your Acr owht is not honored by us because (t) the portion of your Credit Limit available for Convenience Checks is insufficient to cover the amount of the Convenience Check, @ ya, have filed a petition in bankruptcy, vi) the Convenience Check has expired, or (iv) your Account has dosed. F. A Stop Payment Fee of $30 if we stop payment on any Conve- nience Check at your request. You may request that we stop pa t on a Convenience Check (only before it is bated) byy no? us in writing at P.O. Box 981439, El Paso, TX79998-1439, Attn: Payment Processing or by calling us at the telephone number on your lolling statement If you call and order a stop payment, we must receive waiten confirmation of the stop payment order from you within fr7uteerh (14) days of the cal or the stop payment order wit expire. The 16RIteri stop payment order must include the Convenience Check number, payee, amount and date of the Convenience Check on which payment is to be stopped. A written stop payment order will expire six (6) months after we receive it unless the stop payment order is renewed in writing. G. A Transaction Fee fa each Balance Transfer treated as a Purchase that posts to your Account. This fee will be a FINANCE CHARGE equal to 4% of the amount of the Balance Transfer, with a minimum of 10. SECURITY INTEREST. You grant us a purchase money security interest in each item of merchandise purchased on your Account to secure its unpaid purchase price ntil such merchandise is paid in full. Solely for the purpose of l rrinng the extent of our purchase money security interest in each such item of merchandise, your payments will be allocated first to Finance, Charges on the Amount, and then to pay off each Purchase on the Account in the order in which the Purchase was made (d more than are item was purchased on the same day, your payments will be allocated to pay off the hkest priced item first). If you made a Purchase pursuant to a credit promotion, the balance with respect to the promotional Purchase may be shown on Statements during the promotional period and may reflect a (4)' different payment allocation method. In no event will we assert a security interest in the promotional Purchase for an amount greater than the lowest balance shown on a Statement for that promotional Purdhase. We agree that no security interest is or will be retained or acquired under this Agreement in any real property which is used or is expected to be used as your dwelling. Should we feel it necessarryy, you authorize us to sign and file financing statements regarding any Vehicle purchased. If the item of merchandise purchased is a Vehicle (including the vehicle, parts and accessories) and if you default under this Agreement we may, as permitted by applicable law, repossess the Vehicle and any personal property of yours in or attached to the Vehicle that is riot subject to our security mnterest may be held by us without liability. Unless you make written demand on us for tine retum of such personal property witNn 10 days (orany longer period required by applkable law) of , you wfl khse any right to reclaim it from us, except as applicable law provides. After we repossess the Vehicle, it may be sold at public or privatesale, ads provided for by applicable law, and the proceeds nerved Iran the be applied to your balance after deducting expenses allowed by law. We will pay you any surplus resulting from a resale of the repossessed Vehicle, and you will pay us any deficiency when and as permitted by applicable law. For some individual Purchases under your Account, we may require you to maintain property/ insurance on the Pwdna% as a condnhon of granting you creme. You be informed of any property/casually insurance requirement at the time you make the Purchase. 11. SPECIAL PAYMENT PLANS. From time to time, you may be offered special pio ndional terns which modify the terms of this Agreement with respect to certain Purchases or Cash Advances on your Account CSpecial Payment Plans/. The provisions of this Agreement apply to any Special Payment Plan, unless otherwise provided in this Agreement or under the Special Payment Plan offering We may without pray notice, terminate your participation in any Special Payment Plan if you are in default under this Agreement Default includes, but is not frhtited to, any payment delinquency w e her or not such delinquency relates to a Special Pa t Plan. In the event of termination ation of your participation in any Special Pa t Plan: () each h n remaining v? balance subject to the treated stanidard ?Provisis aymentto such transaction, and (i) Finance Charges accrued on the Special Payment Plan balance from the date of purchase, 9 any, may be added to your balance. 12. TERMINATION/CHANGE IN TERMS. You may terminate your Amount at=bm by pros written notice. ms may, at, time and d 8, add or delete p of thss subject to law, eement ('Terms Change's or terminate your Account Unless Prohibited by applicable raw, we may apply any Terms Change to any outstanding or future balances of Account. We will send to you notice of any Terns Change as required applicable law. Upon a termination of your Account, you re riauh obf to repay the batarnce of your Account and this Agreement will continue to apply until you do so. 13. DEFAULT. Subject to the imitations of law, we may declare you in default if you: (i) fah to make at least&Minimum Payment when due; (i) violate any other term of this Agreement; or (ii) become the subject of a banknptcy or m? proceeding; or (ihv) su % fault with Zr dng, false, in complete or information. After your default or youdeath and subject to the limitations of noble law, we may: (m) reduce your Cash Lirnit and/or your Credit Lim (i) temhimate your Account; (ii) require immediate payment of your entire Account balance; (iv) terminate any Special Payment Plan and convert any balance on such Plan to the starndard terms and conditions of the Acoouurt; v) bba?xq? an action to tolled all amounts owed; andlor (vi) take any action knverfby law. If, after your default, we refer your Account for collection to an attorney who is not our salaried employee, you will pay, to the extent permitted by applicable law, our collection costs, including court costs and reasonable attomeys? fees. 14. LIABILITY FOR UNAUTHORIZED USE. The Card is issued to you by us at your request and you agree to destroy it, and any Checks issued upon your Account upon demand. You may be liable for the unauharized use of the Card or Convenience Checks. You agree to safeguard your Card and Convenience Checks, and to promptly notify us if your Card or Convenience Checks are lost or stolen or of possY?le' unauthorized use of your Card or Convenience Checks by writing to P.O. Box 981439, El Paso, TX 79998-1439 or by calling us at 1-866-396-8254. You will not be gable for unauthorized use of your Card or Convenience Checks that occurs after you us of the kss, theft or p ble urnautlhonzed use and, in any case, your for wautar¢ed use of your Card will not exceed $50. If you orally give us notice CDnCefntnng Ices or theft, you agree to confirm it in uniting. You agree that unauthorized use does not include use by a to whom you have authority to use the Card, or Convenience Checks, and that will be for all use by such a person. To terminate that authority, you must notify us at 1-866-396-8254: 15. CREDIT REPORTS AND ACCOUNT INFORMATION. You give us permission to regcmest infortrnation and to make wtnatever inquiries we consider necessary and appropriate (including ontainig information from third parties and requesmng consumer from consumer reporting agencies for lhhe purpose of consderirng you ap? for this Axount and subsequan?y in connection with any updates, renewals or extensions of credit or reviewing or collecting your Account. You also authorize us to report information concerning you or ywAccount,Including Information aboutyouperformanceunderthisAgreement, to consumer reporting agencies and others who may properly receive such information. If you believe that we have reported inaccurate infatuation about you to a consumer reporting agency, please contact us at P.O. Box 981439, EI Paso, TX 79998.1439. In doing so, please identify the inaccurate information and tell us why you believe it is incorrect. If you have a copy of the credit report that includes the inaccurate information, please include a copy of that report. You are hereby notified that a negative credit report reflecting on your credit record may be submitted to a consumer reporting agency if you fail to fulfill the terms of this Agreement 16. USE OF INFORMATION ABOUT YOU AND YOUR ACCOUNT/ CONSENT TO COMMUNICATIONS. You authorize and direct us to furnish information about you and your Account to Retailers/Merchants/ Dealers that accept this Credit Card (and their affiliates and program sponsors) for use in connection with this Credit Card program, including to create and update their customer records, to assist them in better serving r u, and to provide you with special promotions. In addition, you agree 01 the use of information about you and your Account described in the Privacy Policy. The Privacy Policy is a part of this Agreement and is enclosed or attached hereto. You hereby consent for us to contact you (1) using all contact information that you provide to us, including without limitation, each phone number, email address, and/or text message address, (2) for all purposes, including collection purposes, (3) using methods where you may be charged for the communication, such as calling or sending a text message to your cellular phone (you will be sole] responsible for any incurred charges from your cell phone provider), and (14) using automated equipment. You may limit this consent based on the options we provide to you by calling us at customer service 17. TELEPHONE MONITORING. To ensure that you receive accurate and courteous customer service, on occasion, your call may be monitored by our employees or agents and you agree to any such monitoring. 18. JOINT NT ACCOUNTS. If this is a joint account, each of you will be jointly and yJOINT wil1yl considered two beentice to both you wte notice can rell icon of instructions from one of you, even if we receive inconsistent instructions from the other person. 19. WAIVER We may, in our sole discretion, choose to not exercise any right under this Agreement, including the right to impose the full amount of army charge, without waft that right. Any waiver of a right by us must be in wrong and signed by us. Except as we may agree in a sighed writing, we will not waive any do if we (a) accept a Lite or partial payrnent, (b) a check or other c) "W marked " t n fur a tendered with other icon Mons or imitations, extend the due date of any p>ayrnent due under this Mreernent, and/or (d) release any collateral or person responsible for your ob igations under this Agreement 20. CHANGE OF ADDRESS. You will notify us fxorriptly if you change your address. We may send Statements and other notices to your address in our records until we have a reasonable opportunity to update our records with any new address for you. 21. ARBITRATION PROVISION. Please read this arbitration provision carefully. IT PROVIDES THAT ANY PAST, PRESENT OR FUTURE LEGAL DISPUTE OR CLAIM OF ANY KIND, INCLUDING STATUTORY AND COMMON LAW CLAIMS AND CLAIMS FOR EQUITABLE RELIEF, THAT RELATES IN ANY WAY TO YOUR ACCOUNT, CARD OR YOUR RELATIONSHIP WITH US ("CLAIM") WILL BE RESOLVED BY BINDING ARBITRATION IF EITHER YOU OR WE ELECT TO ARBITRATE. Right to Reject Arbitration: You may reject this arbitration provision, in which event neither you nor We will have the right to require arbitration. Rejection will not affect any other aspect of these terms. To reject tlhe arttration provision, you must send us a notice within 60 days after you open your accent. The notice must include your name, address, and account number and be mated to P.O. Box 981439, 0 Paso, TX 7999&1439. This is the any method you can use to reject the arbitration provision. As used in this provision: "We," "Us," and "Our" mean (1) GE Money Bank and all of its respective parents, subsidiaries, affiliates, predecessors, successors, assigns, employees, officers and directors (collectively, the "Bank"), and (2) RetaileriMarchan0ealer and all of its respective parents, subsidiaries, affiliates, predecessors, successors, assigns, employees, officers and directors. This arbitration provision covers all Claims, except that We will not elect to arbitrate an individual Clam brought by you in small claims court or its equivalent, unless that Claim is transferred, removed, or appealed to a different court. This provision replaces any existing arbitration provision between you and Us. With respect to any arbitration: • Notice: If you or We elect to arbitrate, the other party must be notified. Your notice must be sent to GE Consumer Finance, Legal Operation, 777 Long Ridge Road, Stamford, CT 06902. Notice can be given after a lawsuit has been filed, in which case it can be made in papers in the lawsuit • Administrator The person who starts the arbitration proceeding must choose an administrator, which can be either the National Arbitration Forum, P0. Box 50191, Minneapolis, MN 55405, www.arb-fbrum.com, (800) 474- 2371; or the American Arbitration Association, 335 Madison Avenue, New Yak, NY 10017, www.adrorg, (800) 778-7879. The add arbitrator wit be selected under the adminis1rators rules, and must be a lawyer with at least ten years of experience. Applicable Law: These terms involve interstate commerce and this arbitra- iron provision is governed by the Federal Arbitration Ad, 9 U.S.C. §§1 et seq. (the "FAA"). Utah law shall apply to the extent state law is relevant under Section 2 of the FAA in determining the validity of this provision. The arbitrator has to blow: (1) the substantive law, consistent with the FAA, that would apply if the matte had been brought in court, (2) this arbitration provision, and (3) the adrninstrators Rules. The artutrator is authorized to award remedies that would apply if the i clividual action were in a court (including, without imitation, punitive damages, which shall be governed by the constitutional standards employed by the U.S. Supreme Court). The arbitrator has no authority to conduct an arbitration on a class action basis or to make an award to, am behalf of, or against, any person who is not a named party to the arbitration. • Location/Fees: The arbitration will take place in a location reasonably convenient to you. If you ask Us, We will pay all filing, administrative, ffhh ga or other fees administrator or arbitrator charges up to $2,500. the higher, you can ask Us to pay more and We oil consider your request in good fain. Under all circumstances We will pay all amounts We are required to pay under applicable law. (5) (6) VERIFICATION TOM 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 SHAFER, DONNA owes the balance of $2,984.99 to CACH, LLC on previously submitted invoices, which balance is due and unpaid as of the date of the execution of this Verification. I am aware that if any of the foregoing is willfully false, I am subject to punishment. I understand that false statements made herein are subject to the penalties relating to unswom falsification to authorities. By: Dated: F E B 17 2011 FOM VIGIL Authorized Representative FF.B. 2011 (FRR 5A 10) cDavid(D. Buell Prothonotary Office of the 1�'- rothonotary Cum6er[and County, <Tennsyfvania rkS. Sohonage, ESQ Solicitor 313 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28T" DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE —THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 0 Suite100 0 CarfisCe, TA ® (Phone 717 240-6195 0 E'a.x 71 7 240-6573