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Home My WebLink About11-3790IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH. LLC r. , rT, .? f VS NO: . CJ - -I e-r THOMAS DORSEY 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 o C? 31 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 ) COURT OF COMMON PLEAS 4340 SOUTH MONACO STREET 2ND ) CUMBERLAND COUNTY FLOOR DENVER, CO 80237 ) Plaintiff, VS. No.: THOMAS DORSEY 8 E LOCUST ST MOUNT HOLLY SPRINGS, PA 17065 COMPLAINT To: THOMAS DORSEY 8 E LOCUST ST 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 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 THOMAS DORSEY, avers the following: 1. Plaintiff, CACH, LLC, is a Colorado limited liability company doing business at 4340 South Monaco Street 2nd Floor, Denver, CO 80237. 2. Defendant, THOMAS DORSEY, is an individual residing at 8 E LOCUST ST, 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, THOMAS DORSEY, is indebted to MBNA on an account stated by and between them in the amount of $16,156.63 which balance was due and unpaid as of December 31, 2009, for credit card account number 4313035999683824. <Exhibit A> 5. On or about January 29, 2010, MBNA sold the debt for good and valuable consideration to plaintiff, CACH, LLC <Exhibit B> 6. The Defendant, Thomas Dorsey, last tendered a payment on May 29, 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 $12.0577 per day from the default date ( 27.240% annual percentage rate x $16,156.63 / 365 days) or $12.0577 x 419 days = $5,052.18; 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 $3,231.33 as stated in the Cardholder Agreement attached hereto as <Exhibit C>. W. The defendant, being indebted to the plaintiff in the sum of $24,632.14 upon the account stated by and between them did promise to pay said sums upon demand. Demand has been made for payment of $24,632.14 and the defendant has failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendant for $24,632.14 together with other interest and costs of suit. Date: March 24, 2011 EXHIBIT A 30359q?l1?d3 l01-0 Rmpred for THOMAS D DORSEY SR Account M mber.' 4313 0363 0448 2367 Summary of Transaafons Previous Balance $15,749.01 Payments and Credits - $0.00 Purchases and Adjuslmsnts + $39.00 Periodic Rail Fhwwe Charges + $368.82 Transaction Fee Finance Charges + $100 Now Balance Total $16,158.83 Deoember 2009 Statement credit L*10. $16,700.00 Capp orCrfrditAvaKoh r.• Billing Cycle and Payment Information Days in Billing Cycle 31 Closing Date 12/07/09 Payment Due Date 01/1010 Current Payment Due $%5.00 Past Due Arnount + $3,367.00 Payment Due ?Wl Total Minimum w0fl Mints NM/ www.bsnloafemer1e&c m Call 1011-11M 1-800028.2558 TDO hawkWimpalred 1-800348-3178 Mai Arpwfs to., BANK OF AMERICA P.O. BOX 15019 WILMINGTON. DE 18888.5019 Ma/Lf?fngdnh'es fa• MK OF AMERICA P.O. BOX 15026 WILMINGTON, DE 19850-5026 Promotional Posting Transaction Reterenos Account ftftrft Purchases and Offer ID Dal* Date Number Number Amount LATUWFORMAYWAT ttUE1 1.. '4 4: rr 794 w"' i !'_1 . r it OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE ft1wfAmW Con 4pomftAnnuef APR Bawwo Suwwt to Gateyory Trarfsachon Typos Qa tv Pbdodic Rate A wcaniVe Rafe Type Fiirarxv Chwge Bdence TraneM?s 0.0746W% 2724% 14,447116 Cash Advances 0.074830% 2724% S $0.00 Purchases 0.07483096 2724% S $1,405.83 Annual Percentage Rate f6r this BiNing Period: 27.2496 (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges that resulls in an APR which wAceeds the Corresponding APR above.) APR Type Ddiiitions: Daily Interest Rata Type: V= Variable Rats (Interest Rats may vary); APR Type: S_ Standard APR (APR normally in effect) 07 0161566300393200000300000004313035304482367 Check hem form dare of md" address or phone numbe(el. BANK OF AMERICA Pkrass Pwjift w owtuftfoon #0 aiemrae Wda P.O. BOX 15019 WILMINGTON, DE 198863019 ACCOUNT NUMSE& 4313 0363 0448 2367 NEW 641LANCE TOTAL: $10,158.83 PAY44IEINT 0UE Li4 1F.- 01/03/10 6MrrJrwepfAmwaf 6wl...d• THOMAS D DORSEY SR 8 E LOCUST ST MOUNT HOLLY SPRINGS PA 17065.1008 4/aI fhisAeymantco?nabvg mob jr check or moneywabrpajobb to BANK OFAMER/GA 1:5240222501: 0936530448236 Ile V ra Page 2vt2 y $ a r d 8 3?M rH? i g24 0??0 I Lsfil as r ? # ?12 Eli 8 .G? E jAj s! i 1 3 m .g MIC 0 cc ' M y UU y ? C u F n a ?. u ?? Qy c 4 a ? d O? a U T? ^ Iv alp C ? a 1114!. $ o b& CAGE ?; n, o VLa.? ?..x 'a a3?[ vvo -? g o 193M ?$ UP flkm 3? 0 00 Pr4wvdfir•• THOMAS D DORSEY SR Account Akwr b& 4313 0353 0448 2367 Swwmarv of Transactions Previous Balance $13,539.44 Payments and Credits - $0.00 Purchases and Adjustments + $70.OE Pellodic Rah Finance Charges + $207.87 Transaction Fee Finance Charges + $0.00 New Balance Total $13,817.37 q3l 3 a36 qqq 0 tool 05? Dq WorMPointB 3w: May 2009 Statement Credit Line: $16,700.00 Cash or0witAvahbb• !2,882.63 Billing Cycle and Payment Information Days in Billing Cycle 31 Closing Date 05M7100 Payment Due Dale 0aouvw Current Payment Due $382= Past Due Amount + $192.00 Total Minimum Payment Due Call tolFfnp 1-000-626-2556 TW Mairg-impaired 1-800-948-9178 Awpamnrti to BANK OF AMERICA P.O. BOX 15019 WILMINGTON. DE 19886-5019 MO 8&W ingv*Aw to.- BANK OF AMERICA P.O. BOX 15026 WILMINGTON. DE 19850.5026 2387 20.44 WRLDBOZNTS 31 "MELT RRMXN= 0 907l78 P03VTS THIS MOUTH 2 , 558 D0IRT5 AVAILABL8 YOUR PAYMENT WAS NOT RECEIVED BY THE DUE DATE. TO AVOID FUTURE FEES OR RATE INCREASES, PLEASE MAKE YOUR PAYMENTS ON TIME AND REMAIN UNDER YOUR CREDIT LIMIT. REMEMBER, IF TWICE IN 12 MONTHS YOUR PAYMENT IS RECEIVED AFTER THE DUE DATE AND 10R YOUR CREDIT LIMIT 1S EXCEEDED, YOUR APR MAY INCREASE. 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. PAY YOUR BILL QUICKLY WITH THE PAY BY PHONE SERVICE. CALL 1 X888.297.9258 TO USE THE AUTOMATED SERVICE OR DISCUSS OTHER PAYMENT OPTIONS. ENJOY SPECIAL DISCOUNTS AT HERTL.COM WHEN YOU USECDPft 160018. 07 0138173700057400000186000004313035304482367 ? Check here far • ch"a of ffa ft addmw or pWiw nurballiiI. PYYa IOVY1e I{COReO{bla on the BANK OF AMERICA P.O. BOX 15019 WILMINGTON, DE 19886-5019 "ACCOUANrrANfU4UffER.' 431303WO4482367 NEW&4LANCE7I0TAL: $13,817.37 THOMAS O DORSEY SR PAymENTOK1ELL47E• ow/co 8 E LOCUST ST sr..ry,OerrARWfte,ereee MT HOLLY SPGS PA 17085-1008-084 1 Aw rNs peyrront cocptin A" MOM cAmc armonsy ora4rpajob a la R-LW OFAMEAMA v 2 a +;524022250+: 0936530448236 on Promotional Posting Transaction R-kia ce Account Pays 2 of 4 z fi f 1jul U ;?nn nno ?? J J I t d? i 2. y, A aI? ?. a a a a 0 00 c I tb n St N ¦ N 6 L2 v ai WIG I?O.u N s ?- 79 ?s ?'`??? ?? ?y .-fig. ?• 9 O Z Q r w 3 0 z q 1 o? d? .g o.r 'a v 3 c 8 3 ti CC E 70 .9 at ills Kill a 'JJa+ t,+ N? ??? His ? .• a B-S w? A4.1 k { N Prepamd for, THOMAS 0 DORSEY SR Acaoliat nax»ttr. 4313 0353 0448 2387 May 2008 WbfldPbints Credit L s. $16,700.00 Cash or CredltAvsri?fite: $2,882.63 f ff choral Carssloard#VAnnwf APR Baaoee Subject to Cafvuty Tmma oun Types lt!J f floolb flats Pima AW AW* Type Fmrioe Charge Balance Transfers 0.049041% 17.80% S $12,858.86 Cash Advances 0.088468% 24.88% S $OAO Purchases 0.049041% 17.90% S $1,014.57 Annual Percentage Rase for this Billing Period: 17.9096 (Includes Periodic Rate Firwroe Charges and Transaction Fee Finance Charges that results in an APR which exceeds the Corresponding APR above.) APR Type Definitions: APR Type: 3a Standard APR (APR normalty in effect) V m m m o_ A EXHIBIT B CERTIFICATE OF PURCHASE 1, 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: THOMAS DORSEY Original Creditor: MBNA Account Number: 4313035999683824 3. On or about January 29, 2010 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. Date: MAR 18 2011 By: C/ Sworn and subscribed to before me this day of MAR 1 8 2011 2011. 'Y:?22 /) '/1 -? Notary Public ?,\ C ?pT?RY cs?j?.•AvB??G, T? 0 C' 0\_0 My Commission Expires 03/1912012 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 ri ht to limit some but not Merchant Services all marketing from all the Xnk of America BA Merchant Services, LLC affiliated companies. Federal law also requires us to LaSalle Merchant Services, LLC give you this notice to tell you about our choice to Limit marketing from all the Bank ofyAmerica affiliated companies. You may limit all the Bank of America affiliated companies, such as the banking, loan credit card, insurance and securities companies, from marketing their products or services to you based upon your personal information that they receive from other Bank of America companies. This information includes your income, your account history, and your credit score. Your choice to limit marketing offers from the Bank of America affiliated companies will apply for at least 5 years from when you tell us your choice. Before your choice to limit marketing offers expires, you will receive a renewal notice that will allow you to continue to limit marketing offers from all the Bank of America affiliated companies for at least another 5 years. You may tell us your choice to limit marketing offers, and you may, tell us the choices for other customers who are point account holders with you. This limitation will not apply in certain circumstances, such as when you have an account or service relationship with the Bank of America company that is marketing to you. For individuals with business purpose accounts, this limitation will only apply to marketing to individuals and not marketing to a business. To limit marketing offers, contact us at 800.374.2632 Effective October 1008 Banks and Trust Companies Bank of America, NA LaSalle Bank National Association LaSalle Bank Midwest National Association Credit Card Bank of America Consumer Card Services, LLC Bank of America Fleet Credit Card Services, L.P. Insurance and Annuities BA Insurance Services, Inc. Banc of America Agency of Texas, Inc. Banc of America Insurance Services, Inc., dba Banc of America Insurance Agency General Fidelity Insurance Company General Fidelity Life Insurance Company LaSalle Financial Services, Inc. dba LaSalle Insurance Services 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 HedFund Management, Inc. - UST Securities -Corp. 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 personal) identifiable information about a consumer or a consumes current or former customer relationship with Bank of America. This policy is provided to you as required by the Federal Financial Privacy Law and applies to our companies identified in Section 7, Bank of America companies. 1. Makin the security of information a priority Keeping, financial information secure is one of our most im ortant responsibilities. We maintain hysical, electronic and procedural safeguards to protect Customer Information. Appropriate employees are authorized to access Customer Ibouoondd by on for cooide of sethiids?that?iequOur iires on yfdentiial treatment of Customer Information and are subject to disciplinary action if they fail to follow this code. 2. Collecting information We collect and use various types of information about you and your accounts to service your accounts, save you time and money, better respond to our needs and manage our business and risks. Customer Information is categorized in the following six ways: A. Identification Information - information that identifies yyou, such as name, address, telephone number and Social Security number. B. Application Information - information you provide to us on applications and through other means thaf will help us determine if you are eligible for products you request. Examples include assets, income and debt. C. Transaction and Experience Information - information about transactions and account experience, as well as information about our communications with you. Examples include account balances, payment history, account usage and your inquiries and our responses. D. Consumer Report Information - information from a consumer report. Examples include credit score and credit E. Information from Outside Sources - information from outside sources re em loyment, credit and other relationships that will help us determine if you are eligible for products you request. Examples include employment insur nce c verageeaand otherreerificaations.?ea, 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 sharing information allows us to use information about your ATM, credit card and check-card transactions to identify any unusual activity and then contact you to determine if your card has been lost or stolen. We occasionally receive medical or health information from a customer if, for example, a customer applies for insurance from us. We also may obtain information from insurance support organizations not affiliated with Bank of America that 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 by law. Managing information with companies that work for us We may share any of the categories of Customer Information. with companies that work for us, including companies located outside the United States. A[1 nonaffiliated companies that act on our behalf and receive Customer Information from us are contractu??yy 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 ion, we may share any of the categories of Customer son with companies that work for us in order to marketing su port and other services, such as a irovider that dpiAributes marketing materials. These es may help us to market our own products and or other products and services that we believe may terest to you. Please note that some of our own es may provide marketing support and other for us as well. information with third parties (for customers We may share Identification Information, Transaction and Experience Information, as well as Other General Information we collect about each of your (1) Bank of America credit card account(s) and (2 Sponsored Accounts at Bank of America, with selected thir-2 parties. 1. Credit card account information, whether co-branded or not may be shared with third parties. 2. 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Direct marketing offers from us may include information about products and services we believe may be of interest to you. If you elect not to receive direct marketing offers by postal mail, telephone and/or e-mail, please note that we may continue to contact you as necessary to service your account and for other nonmarketJ purposea- You may also be contacted by your client rellaationship manager or assigned account representative, if applicable. Bank of America may also continue to provide marketing information in your regular account mailings and statements, including online and ATM communications. Each customer may opt out of each direct marketing opption individually. Since marketing programs may already be in progress, it map take up to 12 weeks for your postal mail opt-out. to be fully _ effective. When you opt out of direct marketm by postal mail or telephone, your opt-out will last for f11 ) years. 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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 ma contact the Federal Trade Commission (FT& to report any incidents and to receive additional guidance on steps you can take to protect yourself. Contact the FTC at www.consumer.gov/idtheft or 1.877.438.4338. For additional information on protecting your information, lease visit bankofamerica.com/privacy. Beeping up to dale with our Privacy Policy We may make changes to this policy at any tune 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/phvacy or call us at 1.888.341.5000. of America companies 3c Policy applies to the following Bank of America a that have consumer customer relationships: 'ny of Delaware, N.A. Consumer Card Services, LLC Services, L.P. BACAP Alternative Advisors, Inc. Bank of America Capital Advisors LLC Banc of America Finance Services, Inc. Banc of America Investment Advisors, Inc. Banc of America Investment Services. Inc. anagement Advisors, LLC anagement Distributors, Inc. anger Asset Management, L.P. Ling Inc. ital Management, LLC Management, Inc. Advisors LLC Inc. i, LLC r of Nevada Inc. i of Texas, tnc. Trance Services, Inc., dba Banc of >orafe Insurance Agency, LLC rance Company Insurance Company NationsCredit Financial Services Corporation For a current list of Bank of America companies that have consumer customer relationships and to which this policy applies, please visit our Web site at bankofamerica.com/privacy? This policy applies to consumer customer relationships established in the United States and is effective January 1 2008. This notice constitutes the Bank of America Do loot Call Policy under the Telephone Consumer Protection Act for all consumers and is pursuant to state law. You may have other privacy protections under state laws; such as Vermont and California. To the extent these state laws apply, we will comply with them with regard to our information practices. For Nevada residents only. Nevada law re uires that we also provide _you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 East Washington Street, Suite 3900, Vermont America. Vermont America, consent of or to othi NV 89101; of those states. In accordance will not share residents with nont law Bank of s we coAect about outside of Bank of v, such as with the customer's accounts which we have Joint marketing agreements. Bank of America will not share Application Information Consumer Report Information and Information from Outside Sources about Vermont residents among the Bank of America companies except with the authorization or consent of the Vermont resident. California: In accordance with California law, Bank of America will not share information we collect about California residents with companies outside of Bank of America, except as permitted by law, such as with the consent of the customer, to service the customer-'a accounts, or to fulfill on rewards or benefits. We will limit sharing among our companies to the extent required by applicable California law. Estas normal estdn disponibles en espanol a trao6s de la sucursal bancaria de su localidad ® 2007 Bank of America Corporation. i? and 32; e-mail: Box 25118, only. The ve are in ifornia law Lion about iev remain on sharing inforr residents so long as CREDIT CARD AGREEMENT YOUR CONTRACT WITH US We reserve the right to chapge the terms of this Agreement at any_ time, as fur her described in the section titled We May Amend is Agreement. WORDS USED OFTEN IN THIS AGREEMENT "Access check" means a check we provide to you to obtain credit on your account. "Agreement" or "Credit Card Agreement" means this document and any changes we make to this document from time to time. "APR" means the corresponding Annual Percentage Rate. The APR corresponds to the aily Periodic Rate ("APR") 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 Advances, pBalaanece Trannsfers, Purchases Then and Aduudstments and finance charges. "Pay in Full" or "Paid in Full" means payments and credits in a bill' le at least your previous billing gale's Nelingvi Payment Total. In general, Pay m Full must be Peria by Due Date in order to get a Grace "Promotional Offer" means limited time introdu promotional offers on certain Balance Transfer Advances or Purchases at APRs that are lower t Standard Rates for those features ('Promotional Rat may be sub.1'ect to other conditions. Promotional Of] also include limited time introductory or prop transaction fees . CTromotional Fees") which may bi or lower than the standard fees provided in the titled Transaction Fee Finance Charges. Promise To Pay, and How We Allocate Your Payments). OTHER TERMINOLOGY We will use the definitions described under the section heading Words Used Often In This Agreement or as otherwise defined in this Agreement. If we use a capitalized term in this document but we do not define the term in this document, the term has the meaning as used in your monthly statement. We use section headings (e.g., Words Used Often In This Agreement) to organize this Agreement. The 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 request. A Balance Transfer Advance. Balance Trannssf erstlinclud tTransaction FeesCand adjustments associated with any Balance Transfer. "Cash Advance" means the use of your account for a loan obtained: 1. at an automated teller machine ("ATM Cash Advance"); 2. by a transfer of funds to a deposit account initiated by us at your request. ("Direct Deposit"). A Direct Deposit does not include an Overdraft Protection Cash Advance or a same day online funds transfer; 3. at any financial institution (e.g., to obtain cash, money orders, wire transfers, or travelers checks), by a same day online funds transfer to a deposit account, and at any non-financial institution (to obtain cash) ("Bank Cash Advance"); 4. as part of an Overdraft Protection Program - a transfer of funds to a deposit account pursuant to an overdraft protection program ("Overdraft Protection Cash Advance"); 5. to buy "Cash Equivalents" (i.e., foreign currency, money orders or travelers checks from a non-fmancial institution, or person to person money transfers, bets, lottery tickets, casino gaming chips, fines or bail bonds) with your card; 6. by an access check you sign as drawer ("Check Cash Advance"); 7. for any payment you make to us that is returned to us unpaid for any reason, including the related finance charges ("Returned Payment'l. "Standard Rate" means the APR(a) normall "Cash Advance" includes Transaction Fees and adjustments Balance Transfers, Cash Advances, and Purchases. effect for associated with any Cash Advance. "We", "us" "our", and "FIACS" means FIA Card Services, NA., also mown as Bank of America. "You" and "your" mean each and all of the p"ersons 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 Calls? 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 (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 corresponding ANNUAL PERCENTAGE RATE of 9.9096(0.027123 DPR). Cash Advances: The Standard Rate for Cash Advance balances is a corresponding ANNUAL PERCENTAGE RATE of 24.99%(0.068466% DPR). Purchases: The Standard Rate for Purchase balances is a corr. on ANNUAL PERCENTAGE RATE of 9.90%0.027 3% DPR). Default Pricing: We may increase the APRs on all new and outstanding Balance the Cash Advance, and Purchase balances up to the Default Rate, without pying you additional notice, each time you have two "default re-pricing events" in any twelve rolling consecutive billing cycles. A default re-pricing event means: (1) you fail to make any Total Minimum Payment Due by its Payment Due Date; or (2) your total outstanding balance exceeds your credit limit at any time in a billing cycle We may elect to set your APRs for Balance Transfer, Cash Advance and Purchase balances to different Default Rates. Default Rates are variable rates calculated using the Variable Default Rate formula with. a margin of up to 23.99 oercentae:e day of e whether certain new Balance Transfers Cash Advances, and Purchases. When a Promotional Offer ends, its Promotional Rates will terminate. Any Balance Transfer Cash Advance or Purchase balance sub11ect to that Promotional Offer wild return to its respective Standard Rate or Default Rate as applicable. Check Cash Advances and Direct Deposits are Cash Advances. However if Check Cash Advances or Direct ni-mmits ara irian+ifiari in +hn Arn.n.,+;..,.ol nw - .... ".....a:... re- nc?ng events in the preceding twelve consecutive billing cycples. A11 Default Rates will remain in effect until you make each Total Minimum Payment Due by its Payment Due Date and do not exceed your credit limit for six consecutive billing cycles, Starting with the first bfl in?g cycle after the Default rate is in effect. At that time we w. ower the margin for.each of these variable APRs by at least two perc ge p $ints. These will be your new variable Promotional Offers:. From time to time we may make Promotional Offers on 2008 then this Promotional Offer will ap ly to eligible transactions postin to your account hrough your statement Closing gDate in February 2009 and this Promotional Offer will end on your statement Closing Date in February 2009. If an eligible transaction does not post to your account by your statement Closing Date in August 2008, then the Promotional Offer will end on your statement Closing Date in A t 2005. Check Cash Advances bearing Offer ID HHKH7MB and Direct Deposits which get this Promotional Offer will post to your account as Balance Transfers. During the time in which you ma make qualifying transactions under this Promotional Offer, they will be subject to the following Promotional Fees: Balance Transfers: 3.00% of each such ?uali??n transaction (Fee: Min. $10.00; Max. $99.00) (F?NANC1 CHARGE). This Promotional Offer may end at an time if there is a "promotion turn-off event.' A promotion turn--off event means: (1) that any Total Minimum Payment Due is not received by its Payment Due Date; or (2) that your total outstanding balance exceeds your credit limit on any statement Closing Date. If a promotion turn-off event occurs then this Promotional Offer will end as of the first day of that billing cycle. This means that this Promotional Rate will not be in effect in that billing cycle. Promotional Offer ID H6BHSH7MC: The Promotional Rate for this Promotional Offer is a correspond* ANNUAL PERCENTAGE RATE of 1.99% (0.0054526 DPR). This Promotional Offer applies to Purchases each at least $400.00 (each an "eligible transaction" for this Promotional Offer). This Promotional Offer beginning on June 9, 201 your account by August will a ply to eli ble ti thracig? your statement this Promotional Offer Date in January 2009. post to your account Promotional Offer will e: 2 es to new eligible transactions an eligible transaction posts to 1, 2008 then this Promotional Offer .ansactions posting to your account Closing Date in January 2009 and will end on your statement Closin If an eligible transaction does nol ad on Augugust st 1,1 0 28008, then the Au. This Promotional Offer maT end at an time if there is a 'promotion turn-off event.' A promotion turn-off event means: (1) that any Total Minimum Payment Due is not received by its Payment Due Date; or (2) that your total outstanding balance exceeds your credit limit on any statement Closingg Date. If a promotion turn-off 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. Y for the Promotional Promotional Offer ID HBBHHH7MD: The Promotional will 1 anceband cwiill get the ANNUAL P RCENTAG RATTEr ofs 199 0.005452% or if applicable, the DPR). tie Promotional Offer This Promotional Offer applies to Balance Transfers Direct Deposit Cash Advances and Check Cash Advances }gearing this Promotional Offer ID (each an "eligible transaction" for this Promotional Offer). This Promotional Offer applies to new eligible transactions beginning on May 18, 210 If an eli ble Transaction posts to your account by your statement osing Date in August or Promotional Offer is a correspondin This Promotional Offer applies to new eli ble transactions ANNUAL PERCENTAGE RATE of 1.99% (0.005452W beginning on June 13, 2008. If an eligible ransaction posts DPR). to our account b your statement M- in D to ' in A t enas, mszeaa or the assn Advance state. In addition, these This Promotional Offer applies to Balance Transfers Direct transactions will get the Balance Transfer transaction fee if De .posit Cash Advances and Check Cash Advances bearing they qualify for the Promotional Offer. this Promotional Offer ID (each an "eligible transaction" for Promotional Offer ID H6BHB - - - -- The Promotional this Promotional Offer). Rate f this 2 8 then this 13romational Offer will gap a ppl?y to eli ugue gible transactions posting to our account through your statement Closing Date in March 2009 and this Promotional Offer will end on your statement Closing Date in March 2009. If an eligible transaction does not post to your account by your statement Closing Date in August 2008, then the Promotional Offer will end on your statement Clos' Date in Au_s t 2008. Check Cash Advances bearing Offer ID H6BI_I7MD and Direct Deposits which get this Promotional Offer will post to your account as Balance variable rates is 5.25% and was determined on June 30, Transfers. 2008. During the time in which you ma make qualif 'ng transactions under this Promotional Offer, they will be subject to the following Promotional Fees: Balance Transfers: 3.00% of each such qqualif? yin 1 transaction (Fee: Min. $10.00; Max. $99.00) (FiNANC CHARGE). This Promotional Offer may end at any time if there is a 'promotion turn-off event.' A promotion turn-off event means: (1) that any Total Minimum Payment Due is not received by its Payment Due Date; or (2) that our total outstanding balance exceeds your credit limit on any statement Closing Date. If 4 _promotion turn-off event occurs then this Promotional offer will end as of the first day of that billing cycle. This means that this Promotional Rate will not be in effect in that billing cycle. An increase or decrease in the index will cause a corresponding increase or decrease in your variable rates on the first day of your billing cycle that begins in the same month as the determination date. An increase in the index means that you will pay higher periodic rate finance char es and have a higher Total Minunum Payment Due. If The Nall Street Journal does not publish the U.S. Prime Rate, or i changes a definition of the U.S. Prime Rate, we may, at our sole discretion, substitute another index. CALCULATION OF PERIODIC RATE FINANCE CHARGES We calculate Periodic Rate Finance Charges by multiplying each Balance Subject to Finance Charge by its applicable DPR and that result by the number of days in the billing cycle. When Periodic Rate Finance Charges accrue on a Balance Transfer, Cash Advance or Purchase balance, those Promotional Offer ID H6BHKH7MF: The Promotional Rate for this Promotional Offer is a corresponding ANNUAL PERCENTAGE RATE of 1.99% (0.005452 DPR). This Promotional Offer applies to Balance Transfers Direct Deposit Cash Advances and Check Cash Advances bearing this Promotional Offer ID (each an "eligible transaction" for this Promotional Offer). This Promotional Offer applies to new eligible transactions beginning on July 13, 2008. If an eligible transaction posts to our account by your statement Closingg.? Date in September 2008 then this Promotional Offer will apply to eligible transactions ostingg to your account through your statement Closing Dale in A ril 2009 and this Promotional Offer will end on your statement Closing Date in April 2009. If an eligible transaction does not post to your account by your statement Closing Date in September 2008 then the Promotional Offer will end on your statement G?los' g Date in September 2008. Check Cash Advances bearing 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 qualifying transactions under this Promotional Offer, they will be subject to the following Promotional Fees: Balance Transfers: 3.0096 of each such n transaction (Fee: Min. $10.00; Max. $99.00) (F?wa CHARGE). This Promotional Offer may end at any time if there is a "promotion turn-off event. A promotion turn-off event means: (1) that any Total Minimum Payment Due is not received by its Payment Due Date; or (2) that your total outstanding balance exceeds your credit limit on any statement Closing Date. If a promotion turn-off event occurs then this Promotional Offer will end as of the first day of that billing cycle. This means that this Promotional . Rate will not be in effect in that billing cycle. However, if a promotion turn-off event occurs during the billing cycle that includes August 13, 2008 then this Promotionaf Offer will end on the last day of thai billing cycle. VARIABLE RATE INFORMATION We will use the following variable rate formula for variable Standard Rates, variable Default Rates and variable Promotional Rates. All variable rates are calculated by adding together an index and a . For each variable rate, the applicable margin is disclose above in the section titled, Annual Percentage Rates. This index is determined on the last business da of each month ("determination date") and is the hh?hest U s. Prime Rate as published in the "Money Rates" section of The Wall Street Journal at any time within the imm a e y preceding e-months, including the month in which the index was determined. The index used to calculate these finance charges become part of that respective Balance Transfer, Cash Advance, or Purchase balance. BILLING CYCLE Your billing cycle ends each month on a Closing Date determined by us. Each billing cycle begins on the day after the Closing Date of the previous billing cycle. Each monthly statement reflects a single billing cycle. WHEN PERIODIC RATE FINANCE CHARGES BECTN Each new Balance Transfer and Cash Advance begins to accrue Periodic Rate Finance Char es on its transaction date. Balance Transfer ani r1- A.4_____ transaction date fol Transfers made by deposited or cashed. Payment is the date to your account. the date the check is nsaction date for a Reti corresponding payment p Unless subject to a Grace Period, each new Purchase beg' s to accrue subject Rate Finance Charges on its transaction date or the first day of the billing cycle, whichever date is later. Unless subject to a Grace enod, 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. and compound daily on new balances, and balances remainingg? from previous billing cycles. Periodic Rate Finance Charges will continue to accrue even though you weviencl dethany accrueod but unpaid fin n etch rges inn 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 which you Pay in Full from the day after the Pay in Full date until the end off' that billing cycle. You will have a Grace Period for an entire billing cycle on new Purchases and on Purchase balances remaining from previous billing cycles if you Pay in Full by the Payment Due Date in that bllli?u??gg ?c?ycle and if during the previous billing cycle you Paid in rill. CALCULATION OF BALANCES SUBJECT TO FTMAMV1 f'RADr!L+ impuning new Bal --&` Trans ers and new Cash Advances): We calc separate Balances Subject to Finance Charge for Ba Transfers, Cash Advances, and for each Promotional balance consisting of Balance Transfers or Cash Adv, current bulling cgcIe; (2acalcula It b daily each day prior to the current billing cyr a that had a "Pre (continued) balance" -a Pre-Cycle balance is a Balance Transfer or a Cash Advance with a transaction date prior to the current billing cycle but with a postingg date within the current billing cycle; (3) adding all the daily balances together; and (4) dividing the sum of the daily balances by the number of days in the current billing cycle. r r. o cul C ate the daily balance for each day in the current billing cycle, we take the beginning balance, add an amount equa]- to the applicable Daly Periodic Rate multi lied by the previous day's daily balance, add new lance Transfers, Cash . Advances. and Transaction . Fees, and subtract applicable payments and credits. If any daily balance is ees than zero we treat it as zero. To calculate a daily balance for each day prior to the current billing cycle that had a Pre-Cycle balance we take the beginning balance attributable solely to a N;-Cycle balance (which will be zero on the transaction date associated with the first Pre-Cycle balance) add an amount equal to the applicable Daily Periodic Raie multiplied by the previous day's daily balance, and add only the applicable Pre-Cycle balances, and their related Trsaction Frees. We exclude from this calculation all traannsactions 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 consist' of Purchases by: (1) calculating a daily balance for each day in the current bbillin cle; (2) adding all the daily balances together; and (3? 9,viig the sum of the daily balances by the number o days in the current billing cycle. calculate the daily balance for each day in the current in cycle, we take the b g balance add an amount algto the applicable D Periodic Raie multiplied by previous day's daily balance, add, unless subject to a tce Period new Purchases, new Account Fees, and new nsaction° trees and subtract applicable payments and sits. If any daily balance is less Q= zero we treat it as 3. If in the current billing ycycie Cu ay in Full, then on day after that Pay in nil date, we exclude from the inniag balance new Purchases, new Account Fees and Transaction Fees which posted on or before the Fay in We include the costs for credit card debt cancellation or credit insurance purchased through us in calculating the begin tPurchase balance for the first day of the billing y 1 billing cycle in which such costs are billed. MINIMUM FINANCE CHARGE If the total of the Periodic Rate balances is less than 1.50, then CHARGE of $1.50 will be assessed any Periodic Rate Finance Charge. the U.S. dollar amount of each such Cash Advance (Fee: the overdraft transactions. Min. $10.00). account has a balance of $1 item for $125 is presented fo ttrransoactionfee (FINANCEg valeCHARG1?) equal lto 3.00% of protection tranansfeerr of $2001 this account, this overdraft 1 funds to be transferred ("ove from this account into your with Bank of America I transactions occur on your che or other debits, that if paid account to be overdrawn Overdraft protection transfers to cover checking account transfers are processed after through Friday and are trea Cash Advances. Each day's of totaled . and rounded. to the n, America is linked to irotecti featureontransferwill allow s' ad checking account bunt, such as checks as J k zo u you openect or daho $50 if your ary Banff increment Bless of who initiated ple, if your checkin check or other debt , which if paid would rdrawn, an overdraft ide to your checking your checkmg account m Wasl If you obtain a Bank Cash Advance, we will assess a checking account is opened wi transaction fee (FINANCE CHARGE) equal to 3.00% of u to your available credit lima the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Check Cash Advance, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). osit fee (FINANCE CH Direct De ARGE) equal 3 00%ssof thetU S. d liar amount of each such Cash Advance (Fee: Min. $10.00). If you make a Foreign Transaction we will assess a transaction fee (FIN CE CHARGequal to 3.009E of the U.S. dollar amount of each such Foreign Transaction. This is in addition to any other applicable transaction fees. If you obtain an Overdraft Protection Cash Advance, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you make a Wire Transfer Purchase, we will assess a transaction fee (FINANCE CHARGE) equal td 3.00% of the U.S. dollar amount of each such Purchase (Fee: Min. $10.00). ACCOUNT FEES: The foliow?ng fees are assessed as Purchases in the Billing Cycle in wI?ich the fees accrue: A Late Fee if the Total Minimum Payment Due shown on your month? statement is not received by us on or before its Payment ?us Date. On the Late Fee transaction date: • if the total outstandin balance is $100 00 r less the Late Fee will be $15.00; o , • if the total outstanding balance is greater than 100.00 but $250.00 or less, the Late Fee will be 29.00; • if the total outstanding balance is eater than $250.00, the Late Fee will be $39.00. A Returned. Payment Fee of $39.00 if a payment on your account is returned for insufficient funds or for any other reason, even if it is paid upon subsequent presentment (if we elect to re-present the payment). A Returned Access Check Fee of $39.00 if we return an access check unpaid for any reason, even if the access check is paid upon subsequent presentment. A Copy Fee of $5.00 for each copy of a monthly statement or sales draft, except that the six most recent monthly statements and one sales draft will be provided for free. Finance Charges for all An Abandoned Proerty Fee equal to any costa incurred by a minimum FINANCE us for compplying wih state abandoned property laws, unless on the account in lieu of prohibited by applicable law. TRANSACTION FEE FINANCE CHARGES We will assess the following Transaction Fees to your Account in the same balance category to which the transaction is posted: If you transactiobtain e (FINANCE Cash CHARGE) equal to to assess of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Balance Transfer we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Balance Transfer (Fee: Min. $10.00). account and an Overdraft Protection Cash Advance of $200 will post to this account. The amount of available credit on this account must be sufficient to cover the total amount of overdraft transactions (received by Bank of America that day) rounded to the next $100 increment (but excluding any overdraft protection fee)- otherwise one or more o£ the overdraft transactions ?or 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 as, or at any time upon your request. Your overdraft transactions remain subject to the terms of your checking account with Bank of America, any related enrollment agreement, and this Agreement. SIGN YOUR CARD You should sign your card before you use it. E MAY MONITOR AND RECORD TELEPHONE You consent to and authorize Bank of America, any of its affiliates, or its marketing associates to monitor and/or record any,. of your telephone conversations with our representates or the representatives of any of those companies. Where you have provided a cell phone number directly to us, or placed a ceII 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. CREDIT REPORTING AGENCIES; COLLECTING AND SHARING INFORMATION You authorize us to collect information about you in order to conduct our business and deliver the top quality service you expect, including information we receive about you information we receive from third parties such as credit reporting agencies and information about your transactions with us and other coin anies. You authorize us to share such information abouiP you or your account with our affiliates and others.. You may have the right to opt out of some information sharing. For more details, please refer to our Privacy Policy. If you believe we have furnished inaccurate or incomplete information about you or your account to a credit reporting agency= write to us at: FIA Card Services N.A., Credit lieporting_ p?encies, P.O. Box 17054, Wilmington, DE 19884-7054. Please include your name, address, home phone number, and account number, and explain what you believe is inaccurate or incomplete. PURPOSES FOR USING YOUR ACCOUNT You may use your account for personal, family, or household purposes: You may not use your account for business or commercial urposes. You may not use a Balance Transfer, or Check Cash Advance, or any other Cash Advance, to make a payment on this or any other credit ac=co t nwith us or our affiliates. You may not use or permit your account to be used to make any illegal transaction. You will only use your account for transactions that are legal where you conduct them. For example, Internet gambling transactions may be illegal in your state. Display of a payment card logo by an online merchant does not mean that an Internet transaction is legal where you conduct it. We may charge your account for such transactions. We will not be liable if you engage in an illegal transaction. We may deny a??g tion of any transactions identified as Internet ga u PERSONS USING YOUR ACCOUNT If you permit any person to use your card, access checks, account number, or other credit device with the authorization to obtain credit on your account, you may be liable for all transactions made by that person including .p transactions for which you may not have intended to be liable, even if the amount of those transactions causes your credit limit to be exceeded. Authorized users of this account may have the same access to information about the account and its users as the account holders. We may send account materials (cards, statements and notices) to any liable arty, and that person will be responsible for delivering hose materials to the other liable parties and authorized users. Notice to any of you will be considered notice to all of you. You may allow authorized users on your account in the following ways: (1) b notifying us that you want someone added to your accounf as an authorized user- (2) by lending your card or account number to another; or (i3) by any other ways in which you would be legally considered to have allowed another to use your account or to be lea?pp prevented from denying that you did so. You must tYiink carefully before you allow anyone to become. an authorized user. By doing so, you authorize the person to use your account to the same extent you can including but not limited to making any purchases, cash advances, balance transfers and allwing others to use your account. Your account does not permit you to limit the nature or amount of authority you give to any authorized user and you will not attempt to do so. An authorized user's authority will continue until you both notify us that you are terminating the authority and you physically retrieve the card. If you cannot retrieve the card, you will remain liable for any transactions that we cannot prevent after you notify us. YOUR PROMISE TO PAY You promise to pay us the amounts of all credit you obtain, which includes all Purchases, Cash Advances, and Balance Transfers. You also promise to pay us all the amounts of finance charges, fees, and any other transactions we charge to your account. If a bank branch or office sponsors your account, you promise to pay it any unpaid account balance it pays us within 30 days. PAYMENTS ON YOUR ACCOUNT You must pay each month at least the Total Minimum Payment Due shown on your monthly statement by its Payment Due Date. Your Payment Due Date may vary from month to month. Payments must conform to the requirements set out on that monthly statement; these requirements ma vary without prior notice. You may pay the entire amount you owe us at any time. Payments made in any billing cycle that are greater than the Total Minimum Payment Due will not affect-your obligation to make the next Total Minimum Payment Due. If you overpay or if there is a credit balance on your account, we will not pay interest on such amounts. We will re rose pa ents that are not drawn in U.S. dollars and those drawn on a financial institution located outside of the United States. We reserve the right to reject any payment if your account has a credit balance as of the. day we receive that payment. Gene rallyy, credits to your account, such as those generated by merchanta or by person-to-person money transfers are not treated as payments and will not reduce your Total Minimum Payment Due. ACH PAYMENTS We process most payment checks electronically. We use the information on your check to create an electronic funds transfer. Each time you send a check you authorize a one-time electronic funds transfer. You also authorize us to process your check as a check or paper draft, as necessary. Funds may be withdrawn from your account as soon as the same day we receive your payment. You will not receive yyour cancelled check because we are required to destroy it. We will retain an electronic copy. For more information or to stop the conversion of your checks into electronic funds transfers, call us at the phone number listed on the front of your monthly statement. You may also write to us at: P.O. Box 15019, Wilmington, DE 19850-5019. TOTAL MINIMUM PAYMENT DUE You may pay your total outstanding balance at any time. u continued) Each billin cycle, you must pay at least the Total Minimum Payment Due shown on our monthly statement by its Payment Due Date. The Total Minimum Payment Due is the sum of all past due amounts plus the Current Payment. The Current Payment for each billing cycle includes three amounts: (1) 1.00% of your balance (your New Balance Total except for any new Periodic Rate Finance Charges, and Late Fee), and (2) new Periodic Rate Finance Charges, and (3) new Late Fee. Generally, the lowest it will be is $15.00. We round the payment amount down to the nearest dollar. If a payment is credited to your account but is returned. unpaid in a later billin cycle we will recalculate the Total Minimum Paymen Due for the billing cycle in which the payment was originally credited. WHEN YOUR PAYMENT WILL BE CREDITED TO YOUR ACCOUNT We credit payments as of the date received, if the payment is: (1) received by 5 p.m. Eastern time; (2) received at the address shown in the upper left-hand corner of the front of your monthly statement; (3) pail with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (4) sent in the return envelope with only the top portion of your statement accompanying it. Payments received after 5 m. Eastern time on any day including the Payment Due -Date, but that otherwise meet the above requirements, will be credited as of the nest day. saysCredit for any other payments may be delayed up to five . 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 latest statement) with lower APRs before balances with higher APRs. This will result in balances with. lower APRs (such as new balances with promotional APR offers) being paid before any other existing balances. PROMISE TO PAY APPLIES TO ALL PERSONS All persons who initially or subsequently request, accept, guarantee or use the account are individually and together responsible for any total outstaredu? balance. If you and one. or more persons are responsible to pay any total outstanding balance we may refuse to release any of you from Iiabih y until ail of the cards, access checks and other credit devices outstanding under the account 'have been returned to us and you re 8y us the total outstanding balance owed to us at anyime 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 outetan? balance exceeds your credit limit; or @) you fail to abide by any other term of this Agreement. our failure to exercise any of our rights when you default does not mean that we are unable to exercise those rights upon later default. WHEN WE MAY REQUIRE th IMMEDIATE REPAYMENT If you are in default, t en in addition to our other remedies under this Agreement, we can require immediate ayymment of your total outstanding balance and, unless proh?ited by a licable law and except as otherwise provided under the Arbitration and Litigation section of this Agreement, we can also require you to pay the costs we incur in any collection proceeding, Lowell as reasonable attorneys' fees if we refer your account for collection to an attorney who is not our salaried employee. OTHER PAYMENT TERMS We can accept late payments, partial ayments, or payments with any restrictive writing withouflosing any of our rights under this Agreement. This means that no payment, including those marked with "paid in full" or with any other restrictive words, shall operate as an accord and satisfaction without the prior written approval of one of our senior officers. You may not use a postdated check to make a payment. If you do postdate a payment check, we may elect to honor it upon presentment or return it uncredited to the person that presented it, without in either case waiting for the date shown on the check. We are not liable to you for any lose or expense incurred by you arising out of the action we elect to tke. PAYMENT HOLIDAYS AND REDUCED PAYMENT OFFERS We may allow you, from time to time, to omit a monthly payment or make a reduced payment. We will notify you. when these options are available. If you omit a payment or make a reduced payment, finance charges appEcable fees, and other regular transactions, if any, will accrue on your account balances in accordance with this Agreement. The reduced payment amount may be less than your finance charges. You must make the reduced pent on time to avoid a late fee. You must resume n your regular Total Minimum Payment Due each mong th following a payment holiday or reduced payment offer. YOU ATTEMPT TO EXCEED The total outstanding balance on your account plus authorizations. at anyime must not be more than our credit limit. If you attempt a transaction which results in your total outstandin balance (plus authorizations) exceeding your credit ?imit, we ma .. (1) permit the transaction without raising your credit limit; (2) permit the transaction and treat the amount of the transaction that is more than the credit limit as immediately due; or (3) refuse to permit the transaction. If we refuse to permit the transaction, we may advise the person who attempted the. transaction that it has been refused. If we refuse to permit a Check Cash Advance or Balance Transfer we may do so by advising the person presenting the Check Cash Advance or Balance Transfer that credit has been refused that there are insufficient funds to pa the Check Cash Nuance or Balance Transfer, or in any other manner. If we have previously permitted you to exceed your credit limit, it does not mean that we will permit you to exceed your credit limit again. If we decide to permit you to exceed your credit limit which could ' r r a promotion turn-off event, we may. atso charge an Ove A' Fee as provided in this Ag eemen. WE MAY AMEND THIS AGREEMENT We may amend this Agreement at any time. We may amend it by adding- deleting, or changing provisions of this ement. a may increase or decrease any or all of your Rs. We may increase any or all of your APRs to rates which exceed the Default Rate. When we amend this Agreement we will comply with the applicable notice requirements of federal and Delaware law that are in effect at that time. The amended Agreement (including an higher rate or other higher charges or fees) will apply, to the total outstandin balance, including the balance existing before the amendment became effective. If an amendment gives you the opportunity to reject the change, and if you reject the change in the manner provided in such amendment, we .may terminate your right to receive credit and may ask you to return all credit devices as a condition of your refection. We may replace your card with another card at any time. WE MAY SUSPEND OR CLOSE YOUR ACCOUNT We may suspend or close your account or otherwise terminate your right to use your account. We may do this at any time and for any reason. Your obligations under this Agreement continue even after we have done this. You must destroy all cards, access checks or other credit devices on the account when we request. YOU MAY CLOSE YOUR ACCOUNT You may close your account by notifying us in writing or by telephone, and destroying all cards, access checks or other credit devices on the account. Your obligations under this Agreement continue even after you have done this. TRANSACTIONS AFTER YOUR ACCOUNT IS CLOSED When your account is closed, you must contact anyone authorized to charge transactions to your account, such as internet service providers, health clubs or insurance companies. These transactions may continue to be charged to your account until you change the billing. Also, if we believe you have authorized a transaction or are 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 amIn 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 operating regulations or conversion procedures in effect at the time the transaction is processed. Currently, those regulations and procedures provide that the currency conversion rate to be used is either (1) a wholesale market rate or (2) a government-mandated rate in effect one day prior to the processing date- The currency conversion rate in th d t ma differ from the rate in This Agreement is made in Delaware and we extend credit to you from Delaware. This Agreement is governed by the laws of the State of Delaware (without regard to its conflict 'v of laws principles) and by any applicable federal laws. THE PROVISIONS OF THIS AGREEMENT ARE SEVERABLE If any provision of this Agreement is found to be invalid, the remaining provisions wil continue to be effective. OUR RIGHTS CONTINUE Our failure or delay in exercising any of our rights under this Agreement does not mean that we are unable to exercise those rights later. UNAUTHORIZED USE OF YOUR CARD Please notify us immediately of the loss, theft or possible unauthorized use of your account at 1.800.789.6101. ARBITRATION AND LITIGATION This Arbitration and Litigation provision applies to you unless you were given the opportunity to reject the Arbitration and Litigation pprovisions and you did so reject them in the manner and Mvel ame required. If you did reject effectively such a provision, you agreed that any litigation brought by you against us regarding this account or this Agreement shall be brought in a court located in the State of Delaware. Any claim or dispute ("Claim") by either you or us against the other, or against the employees, agents or assigns of the other, arising from or relating in any way to this Agreement or any prior Agreement or your account (whether under a statute, in con-tract, tort, or otherwise and whether for money damages, penalties or declaratory or equitable relief), shall, upon election by either you or us, be resolved by binding arbitration. The arbitrator shall resolve ay, Claims, including the applicabilittyy of this Arbitration and tigation Section or the validity oi'the entire- Agreement or any prior Agreement except for any Claim challenging the validity of the Class t, except which shall be decided by a court. In addition, we will not choose to arbitrate an individual Claim that you bring against us in small claims court or an equivalent court, if any. But if that Claim is transferred, removed or appealed to a different court, we then have the right to choose arbitration. effect on a processing a e y effect on the transaction date or posting date. We may offer you certain benefits and services with your account. An benefits or services are not a part of this Agreement, but are subject to the terms and restrictions outlined in the benefits brochure and other official documents provided to you from time to time by or on behalf of Bank of America. While any benefits or services described in the previous sentence are not a part of this Agreement, any i itn or dispute related to any such benefit or service shall be subject to the Arbitration and Lit? y'?ation section of this Agreement. We may adjust, add, or delete benefits and services at any time and without notice to you. WE MAY SELL YOUR ACCOUNT We may at any time, and without notice to you, sell, assign or transfer your account, an sums due on your account, this eement, or our rights or obligations under your a--- !Tor this Agreement to any person or entity. The person or entity to whom we make an such sale, ae nt or transfer shall be entitled to all 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 Arbitration shall take place before a single arbitrator and on an individual basis without resort to any form of class action. Arbitration may be selected at any time unless a judgment has been rendered or the other party would suffer substantial prejudice by the delay in demanding arbitration. The arbitration shall be conducted by the National Arbitration Forum C'NAF"), under the Code of Procedure in effect at the time the Claim is filed. Rules and forms of the National Arbitration Forum may be obtained and Claims may be filed at any National Arbitration Forum office, www.arb-forumcom, or P.O. Box 50191, Minneapolis, Minnesota 55405, telephone 1-800-474-2371. If the NA>< is unable or unwilling to act as arbitrator, we may substitute another nationally recognized, independent arbitration organization that uses a sumlar code of procedure. At your written request, we will advance any arbitration filing fee, administrative and hearing fees which you are required to pay to pursue a Claim in arbitration. -The arbitrator will decide who will be ultimately responsible for aging those fees. If u file a claim against us, in no even will you be required to reimburse us for any arbitration filing, administrative or hearing fees in an amount greater than what your court costs would have been if the Claim had been resolved in a state court with jurisdiction. Any arbitration hearing at which you appear will take place within the federal judicial district that includes your billing address at the time the Claim is filed. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. f$ 1-16 CFAA"). Judgment upon any arbitration award may be entered in any court having n p. (continued) 3urisdiction. The arbitrator shall follow existing substantive law to the extent consistent with the FAA and a plicable statutes of limitations and shall honor any claims or privile recoIlggnized by law. If an party requests, the ar - ITC5or sha 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 pnvag attorney general. You do not have the right to act as a class representative ox participate as a member of a class of claimants with respect to any Claim submitted to arbitration (Class Action Waiver). The parties to this Agreement acknowledge that the Class Action Waiver is material and essential to the arbitration of an disputes between the parties and is nonseverable from this agreement to arbitrate Claims. If the Class Action Waiver is limited, voided or found unenforceable, then the parties' agreement to arbitrate (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The Parties acknowledge and agree that under no circumstances will a class action be arbitrated. This Arbitration and Litigation Section applies to all Claims now in existence or that may arise in the future. This Arbitration and Litigation Section shall survive the termination of your account with us as well as any voluntay payment of the debt in full by you, any bankruptcy by you or sale of the debt by us. For the purposes of this Arbitration and Litigation Section, "we" and "us" means FIA Card Services, N.A , its parent, subsidiaries affiliates, licensees, predecessors successors, assigns, and any purchaser of your account, anA all of their officers directors employees, ?agentsand assigns or any and all of t$em. Additionally, "we or "us shall mean any third party providing benefits services, or products in connection with the account (mciuding but not limited to credit bureaus merchants that accept any_ credit device issued under tie account, rewards or enrollment services, credit insurance companies, debt collectors and all of their officers directors, empIoyees and agents) if, and only if, such a third party is named by you as a co-def=endant in any Claim you assert against us. YOUR BILLING RIGHTS Keep This Notice for Future Use:This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us in Case of Errors or Questions About Your Bill: If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet (or use a copy, of the form provided on your bill) at Bank of America (:orporation, P.O. Box 15026, Wihnington, DE 19850. Write to us as soon as possible. Do not sendd 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 44 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 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 three business days before the automatic payment is scheduled to occur. Your Ri hts and Our Responsibilities After We Receive Tour Written Notice: We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you 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 amp unpaid amount against your credit limit. You do not have to pay any questioned amount while we are investigatingg, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill , you will not have to ppa?y any finance charges related to any questioned amount. gay did not make a mistake, you may have to pay finance charges, and ou will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within twenty-five (25) days telling. us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill, andwe must tell you the name of anyone we report you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we do not follow these rules, we cannot collect the first $50 of the questioned amount, even if your bill was correct. Special Rule for Credit Card Purchases: If you have a problem with the uality of the property or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to ay the remaining amount due on the property or services. There are two Iimitations on this right: (1) 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 (2) The purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. 02007 Bank of America Corporation. All rights reserved. If you have authorized us to pay your credit card bill VERIFICATION ®M 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 THOMAS DORSEY owes the balance of $16,156.63 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. By: 1 17- Dated: OR 18 2011 TOM VIGIL Authorized Representative LITIGATION MEMO SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy FILED-OFFICL ": THE M0TFI0N0Ti%RY 2011 APR 25 AM 10= 11 Richard W Stewart Solicitor 4 ? ' -. c,,<ERIFF CUMBERLAND COUNT Y PENNSYLVANIA Cach, LLC vs. Case Number Thomas Dorsey 2011-3790 SHERIFF'S RETURN OF SERVICE 04/19/2011 07:25 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on April 19, 2011 at 1925 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Thomas Dorsey, by making known unto himself personally, at 8 E. Locust Street, Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $35.00 April 20, 2011 STEPHEN BENDER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF Sc; CoiritySuite Sheriff, te!eosott. Inc_ Harrison Ross Byck, Esq., P.C. Attorney I.D. No. 61511 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 = ELEU-0 t= X" kJ, HE PP THOt ? IJAR., 2011 JUN 23 AN 10: 14 1-888-275-6399// (215) 428-0666 CUMBERLAND COUNTY PENNSYLVANIA CACH, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff(s), ) NO: 2011- 3790 CIVEL vs. ) THOMAS DORSEY ) Me Rd e 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), THOMAS DORSEY, for failure to answer or otherwise respond to the Complaint in Civil Action. The Complaint was served upon the defendant(s) on April 19, 2011. 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) THOMAS DORSEY by regular United States mail, postage paid, on May 18, 2011, is attached hereto as Exhibit "B". Assess damages in the amount of $ 21,208.81 as follows: [a] $ 16156.63 principal being sought in the Complaint; [b] and $ 5052.18 interest being sought in the Complaint; [c] and reasonable attorney's fees of $ 0.00, or $ 0.00 per hour, [d] and Court Costs of $ 0.00, [e] and Costs of Service of $ 0.00. Date: June 20, 2011 B ' A an C. Smith sq. Attorney I.D. No. 204756 The Law Office of Harrison Ross Byck, Esq., P.C. Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, Pennsylvania 19007 Local: (215) 428-0666 Fax: (215) 428-0740 Toll Free: (888) 275-6399 Harrison Ross Byck, Esq. Member: PA and NJ State Bar Of Counsel: Allan C. Smith, Esq. Member: PA and NY State Bar Leonard A. Sanguedolce, Esq. Member: PA State Bar June 20, 2011 Office of the Prothonotary Cumberland County 1 Courthouse Square Carlisle, PA 17013 Re: CACH, LLC Vs: THOMAS DORSEY No: 2011 - 3790 CIVIL Attention - Laura: J ' SSG / U? SDSO--? Enclosed, please find herein an original and three (3) copies of the Amended Praecipe to Enter Default Judgment in the amount of $21,208.81. As per your instruction when you called today all the attorney fees and court costs have been removed. Kindly append to the Judgment packet already received by your office and execute accordingly. Thank you for your cooperation. Very truly yours, Allan C. Smith, Esq. Enclosures cc: file FILE-0-OFFICE Harrison Ross Byck, Esq., P.C. OF THE PROTHONOTARY Attorney I.D. No. 61511 1276 Veterans Highway, Suite E-1 2011 JUN 17 PM 1: 37 Bristol, PA 19007 1-888-275-6399H (215) 428-0666 CUMBERLAND COUNTY PENNSYLVANIA CACH, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff(s), ) NO: 2011 - 3790 CIVIL VS. ) THOMAS DORSEY ) 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), THOMAS DORSEY, for failure to answer or otherwise respond to the Complaint in Civil Acffdm Complaint was served upon the defendant(s) on April 19, 2011. 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) THOMAS DORSEY by regular United States mail, postage paid, on May 18, 2011, is attached hereto as Exhibit "B". .% 1' .LoT.. ill Assess damages in the amount of $ 34,ter 4 as follows: [a] $ 16156.63 principal being sought in the Complaint; [b] and $ 5052.18 interest being sought in the Complaint; [c] and reasonable attorney's fees of $3231.33, or $ +50:00 per hour, [d] and Court Costs of $ 9"0, [e] and Costs of Service of $i06.00. Date: June 10, 2011 By: Allan C. Smith, Esq. Attorney I.D. No. 204756 O ,M4 %kq.co Pd a 3a(o 3.S Nadi ck %CLi Vecl SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith ?sugt4 of ?u'nbtr??A Chief Deputy Richard W Stewart Solicitor OFFICE OF THE SMERlFF Cach, LLC vs. Thomas Dorsey Case Number 2011-3790 SHERIFF'S RETURN OF SERVICE 04/19/2011 07:25 PM - Stephen Bender, Deputy Sheriff, who being duly swom according to law, states that on April 19, 2011 at 1925 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Thomas Dorsey, by making known unto himself personally, at 8 E. Locust Street, Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $35.00 April 20, 2011 STEPHEN BENDER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuile Shenft. Teleosoft, inc. Harrison Ross Byck, Esq., P.C. Attorney I.D. 61511 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399// (215) 428-0666 Attorney for Plaintiff CACH, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, ) NO: 2011- 3790 CIVIL vs. ) THOMAS DORSEY ) Defendant(s). ) CERTIFICATE OF SERVICE OF NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT I, ALLAN C. SMITH, ESQ., of full age, certify that I mailed a copy of the annexed NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT upon defendant THOMAS DORSEY by United States mail, postage prepaid and certified mail, on May 18, 2011 at his/her last address of. 8 E LOCUST ST MOUNT HOLLY SPRINGS, PA 17065 Date: June 10, 2011 By: Allan C. Smith, Esq. Attorney I.D. No. 204756 Harrison R. Byck, Esq., P.C. Attorney I.D. No. 61511 Bucks County Office Center 1276 Veterans Highway, Suite E-I Bristol, PA 19007 1-888-275-6399 // (215) 428-0666 Attorney for the Plaintiff CACH, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, ) VS. ) No.: 2011- 3790 CIVIL THOMAS DORSEY ) NOTICE OF INTENT TO FILE PRAECIPE TO ENTER Defendant ) JUDGMENT BY DEFAULT TO: THOMAS DORSEY 8 E LOCUST STREET MOUNT HOLLY SPRINGS, PA 17065 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: May 18, 2011 Harrison Ross Byck, Esq., P.C. Attorney I.D. No. 61511 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399 H (215) 428-0666 Attorney for Plaintiff CACH,LLC Plaintiff, vs. THOMAS DORSEY Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2011- 3790 CIVIL 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; My information is that the defendant is THOMAS DORSEY. 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: June 10, 2011 By Allan C. Smith, Esq. Attorney I.D. No. 204756 Request for ivliiitary Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Jun-03-2011 09:41:48 rC Last First/Middle Begin Date Active Duty Status Active Duty End Date ervice [A Name gency DORSEY THOMAS Based on the information you have furnished, the DMDC does not possess 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). 4121 jj(o4,4-, 6 40(?P_ 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/faqlpis/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.miVappj/scra/popreport.do 6/3/2011 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALT14 OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-3790 Civil CIVIL ACTION - LAV/ TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CACH, LLC Plaintiff (s) From THOMAS DORSEY, 8 EAST LOCUST STREET, MOUNT HOLLY SPRINGS, PA 17065 (I ) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY TO BE LEVIED ON. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of' GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$21,208.81 Interest Atty's Comm °% Atty Paid $172.00 Plaintiff Paid Date: July 3, 2012 (Seal) REQUESTING PARTY: L.L. S.50 Due Prothy $2.25 Other Costs David D. Buell, Proth ota ry By: Deputy Name : CORRYN KRONNAGEL, ESQUIRE Address: LAW FIRM OF ALLAN C. SMITH P.C. 1276 VETERANS HIGHWAY, SUITE E-I BRISTOL, PA 19007 Attorney for: PLAINTIFF Telephone: 215-428-0666 Supreme Court ID No. 313173 PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 CACH, LLC : IN THE COURT OF COMMON PLEAS OF 4340 S. MONACO STREET, 2ND FLOOR CUMBERLAND COUNTY, PENNSYLVANIA DENVER, COLORADO 80237 Plaintiff[s], vs. THOMAS DORSEY 8 E LOCUST ST MOUNT HOLLY SPRINGS, PA 17065 Defendant[s Docket No.: 2011 - 3790 CIVIL r_? -o TO THE PROTHONOTARY OF CUMBERLAND COUNTY: ISSUE and INDEX WRIT OF EXECUTION IN THE ABOVE MATTER., (1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania, 01 ]? 2 pp ? sT+ -C (2) against THOMAS DORSEY Defendant(s); ANY AND ALL PERSONAL PROPERTY TO BE LEVIED ON. (3) and against Garnishee(s); as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe property to be levied upon by Sheriff) (4) Amount Due $ 21,208.81 Interest from TOTAL , plus costs. so DATE: June 26, 2012 ;or gag . ? ,? a ? C yn onnagel, Esq- 21 ? D 6.,•OO If 4 00 go -. ae -7 a M ?4 Q '4 110q CACH,LLC 4340 S. MONACO STREET, 2ND FLOOR DENVER, COLORADO 80237 Plaintiff[s], vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : Docket No.: 2011- 3790 CIVIL THOMAS DORSEY 8 E LOCUST ST MOUNT HOLLY SPRINGS, PA 17065 Defendant[s]. WAIVER OF WATCHMAN BY ORDER OF THE SHERIFF OF CUMBERLAND COUNTY COURTHOUSE - CARLISLE, PA 17013 SIR: There will be placed in your hands for service a Writ of Execution, styled as follows: CACH, LLC, Plaintiff(s) vs. THOMAS DORSEY, Defendant(s).. (1) The defendant will be found at: 8 E LOCUST MOUNT HOLLY SPRINGS, PA 17065 Co.?yn onnagel, Esq. (2) If Writ of Execution, state below where Defendant will be found, what goods and chattels shall be seized and be levied upon. If real estate, attach three copies of description (not place of record) together with street and number of the premises. ANY AND ALL PERSONAL PROPERTY OF THE DEFEDNANT TO BE LEVIED ON LOCATED AT _8 E LOCUST ST MOUNT HOLLY SPRINGS, PA 17065. (3) WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within may leave same without a watchman, in custody of whoever is found in possession, after notifying such person of such levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for._Wny loss, destruction or removal of any such property before sheriff's sale thereof. , Esq. LAW FIRM OF ALLAN C. SMITH, P.C THE BUCKS COUNTY OFFICE CENTER 1276 VETERANS HIGHWAY, SUITE E-1 BRISTOL, PENNSYLVANIA 19007 PH: (215) 428-0666 / FAX: (215) 428-0740