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HomeMy WebLinkAbout11-4927IN THE COURT OF COMMON PLEAS OF CUMBERLA COUNTY PENNSYLVANIA CACH. LLC µ = VS. NO: ROBERT LONG NOTICE TO DEFEND You have been sued in Court. If you wish to defendant against the claims set fourth in the following pages, you must take action within (20) days after the Complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court, your defenses or objections to the claims set fourth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice of any money claims or any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 S 49-2.0? 04 R CAI Harrison Ross Byck, Esq., P.C. 1276 Veterans Highway Suite- E-1 Bristol, PA 19007 1-888-275-63991(215) 428-0666 Attorney for Plaintiff #61511 CACH, LLC ) COURT OF COMMON PLEAS 4340 S. MONACO STREET ) CUMBERLAND COUNTY DENVER, CO 80237 ) Plaintiff, ) VS. ) No.: ROBERT LONG ) 819 COUNTRY CLUB RD ) CAMP HILL, PA 17011 ) COMPLAINT To: ROBERT LONG 819 COUNTRY CLUB RD CAMP HILL, PA 17011 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 provisions de esta demanda. Usted puede perder dinero o sus propiedas o otros derechos imporrantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICE DE REFERENCIA LEGAL PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 Plaintiff, CACH, LLC, by its attorney Harrison Ross Byck, by way of complaint against Defendant ROBERT LONG, avers the following: 1. Plaintiff, CACH, LLC, is a Colorado limited liability company doing business at 4340 S. Monaco Street, DENVER, CO 80237. 2. Defendant, ROBERT LONG, is an individual residing at 819 COUNTRY CLUB RD, CAMP HILL, PA 17011. 3. Defendant, ROBERT LONG, is indebted to METRIS on an account stated by and between them in the amount of $4,110.32 which balance was due and unpaid as of February 28, 2010, for credit card account number 5458002206944581. <Exhibit A> 4. On or about March 22, 2010, HSBC CARD SERVICES III INC. sold the debt for good and valuable consideration to plaintiff, CACH, LLC <Exhibit B> 5. The Defendant, Robert Long, last tendered a payment on July 21, 2009. 6. A copy of the credit card agreement is attached hereto. <Exhibit C> 7. Plaintiff is entitled to charge-off account finance charges of $0.00. <Exhibit A> 8. Plaintiff is entitled to pre-litigation charge-off interest of $3.3772 per day from the default date 29.990% annual percentage rate x $4,110.32 / 365 days) or $3.3772 x 442 days = $1,492.73; which is accrued interest through the date of filing. <Exhibit A> Plus an award of late fees 0.00, court costs $192.00 and reasonable attorneys fees of $300.00 as stated in the Cardholder Agreement attached hereto as <Exhibit C>. 9. The defendant, being indebted to the plaintiff in the sum of $6,095.05 upon the account stated by and between them did promise to pay said sums upon demand. Demand has been made for payment of $6,095.05 and the defendant has failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendant for $6,095.05 together with other interest and costs of suit. Date: June 7, 2011 EXHIBIT A T 1 SUMMARY OF,ACC_OU!(Ti .AC?fVrIY r iw4ima Barns P $4,016.88 Credo Lind $4,100.00 Payments - $0-00 Credl Available 50.00 Other Credits - 50.00 Cash Lint V $1.025.00 Pordwises0ebas + $0.00 CashAvaeable $0.00 Cash Ad anc+es + $0 OD 8rrme M Dale Closing 02/25!2010 Peal Dus Amount $812.00 Days in Billing Cycle 28 F"sCherOed + $000 Kash Limit Is a Portion d Tolal Credit LWM Pape 1 of 1 DIRECTMERCHANTS DANK Aaaunl Stalema t Aoeamt Nu tw 5458 0022 0684 4501 January 28,20101o February 25.2010 lU auestms7 Payment Addmsf; Cuslonw Service: Bild"In0uirlss: LosVSlorn Card: Manage Your account ardtns at Odefds USA Colled: TDOINes p Impaled . i APORTANT rNFORMATION TLrCLOSED. Told Feeacharyad In 2010 $000 Total Inftreal dmrged In 2010 5181.18 ' (NTERES? crlARr,E CAL' CUIJ1710N Your Annual Peroanlapa Raft (APR) is ft annual Waffid raft on your acomml, Type 010alarree Annual Pence ntepe Raft (APR) 8a11ence8W*a b I demst Rate Interest Charge Purchase 29.99%(v) $4.051.75 583A3 CaM Advances 28.88% (v) $0.00 $000 (v) ° Vaftw 5094 DO" 1 r 19 t00Zb 0 E t PAGE 1 or 1 DETACH AND REWAN BOTTOM PORTION WITH YOUR PAYMENT. ROBERTLONG 34 819 COUNTRYCLUB RO CAMP HILL PA 17011-1818 ONar Mftn at PlaW Nt~ P4MefAe I ore boa rat rMr yrs mM bdlrrerl r1 nn rre r we 10 OI00 2200 TOM OICR50M sEE REVBR$t:arDE FOR IMPORTMR INFORMATION Account Number: $453 0025 0004 4581 Near Balance 54,110.32 Minimum Pay Rwnt Due $1,047.00 Payment Due Deb Qy2y201Q Do root send cash. Pftap send your paylnad 7 to 10 days Purr b 0M payamnt due dab to "owe *ndy dallnny. N.C. AMOUNT s????????? 545800220644458100104700004110320 VRO To Do it Too Think Too Find a Mistake a Year Staltmed It you think there is an error on your sManaK write to us on a separate sheet of paper at to bMYg Mglrkiesaddress ksled on tbefrontof this Mug statement in your killer. giveus the following Information • Accwntinfw=Nb r Your nameandaadmtnumher. • Dafdramourd::Thedollar amount ofMeaspcekderror. • DescripfimofProbNm:Ifyouthink tferekanerror onyourbill, describe whalyou believe Is wrong and why you believe lt is a mistake. You mustcmtiduswithin6DdaysatiwIheerrorapparedonyowsbi mem, You m list rW*us elany pokftbal errors in wrialrtg. You may 01 us, b utdyou do we am out required It investigate any polahtial errors and you may have to pay the amountin quallow Wldkwe kwatgatewletlw ornot fee less beta an error, the following grainer. • Weannottrytecoleclfeamountnquestion, or report you asibliniquent on flat amount • The charge in question me/ remain all your statement and wee may continue to large you interest on Val noted. But, it we determine that we made a mistake, you will not have In pay the amount In question or any interest or other bas rebhed tothatamwmt • White you do not have to pay the amount in question, you we responsible for the Temaider olyourbalance. • We an apply anyunpaid amountagaustyourcrediitlrnit YourlRghta l YeaArs Dissatisfied With YourCnd14 Card Purchases tyoo are ds MWW whh the goods or services that you have purchased with your aedkard.and you have tried in good Wit incurred the problem with the merchant you mrytave the right nolts paythe remaining amount due an the purchase. To ua Vie riotal of ter klowngmust behm.- 1. The purchase musthavt been made in yourhome Shelter wilt 100mila of yoke parent mailing address, and the purdase price must have been more than $50. (Note: Neither of these are neoeaary if your purtase was based on an advrdcament as mailed to you, or two own the company thatsoid you the goods OF services.) 2. You must law used your credit cord lot the purchase. Purchases made with cash advances from an ATM or with a check gal accesses your credit and amount do notgnatty. 3. You must rabyethavefuly paid for the purchase. If all of the criteria above re not and you are still dissalisted with the pure age, contad us in w OW at the hlIrq inquiries address an de front of this billing stakmeat White we iaratpale, the same tuft apply is 110 dkpakd amount as dleassed above. Aft we Irish our raved gatdn, we will fad you our decision. At that pool, it we tmnkyou am an mount and you do not pay we may reWyou as delinquent. How to Avoh1 Paying I*rod an Purchases (Greet Periods an Credit Card Perchlorate): Periodic Internal Charges begin toadnus on the date of the transaction and contmre to accrue unlit your balance is poid in full. However, R you pay your entbe New Bolanee shown by Be Payment Due Date In the previous month, you an pay your current month's Now Balance by the Payment Due Date without bekV assessed an enter esfCharge on year purchases, Paying Intend an Otker Transactions 1149 Grate Periled so ether transactions(: There te no Grace Failed ter other transactions including Cash advauae, balance Daiwa fa , and mdb card checks. Fade& Intent Charge begin to actrw an the daltefthe rraraassim,and comiore loadcrus until payment in full is craditedloyeur Account. Raw W9 Cakateta Ifderat Cartes: We colpntafe the periodic Interest Charlie on your Account by multpying tht appkcaWt Daily Periodic Rate by the Avenge Daly Balance for each akgery of transactions shown on yew Wing statement (e.g, purchases. balance transfers, lase advi ncesg the resulta are Van rmdtplkd by to number of days in the being cycle. You an determine your Daily Periodic Rate by dividing ibeAPR by 365. D9tarrsinhtg the Dollyllalam: We lake the beginning balance for each category of transactions each day, air any new tra eadkins, any previous days periodic Interest Crags, arry assessed free and charges, &W subbad any payments andlor craft. 11 yourAccoontis subject toa grace period during The bill" cycle. payments made during 09cicle will be subtracted from all Daily Whines in the cumin cycle. if a bansaedon for a Murned payment or a dispute resolved in one favor peace aft the beginning of brae tilting cycle, the applicable Daly Wane(s) and any related Interest Charge calculations WO be adpsted retroactively to Include the transaction amounta5 of thadate of thootginel barsaction. 02010Crd Sences a6 Calculating the Balance Sub(ed to bderep Rafe: For each transaction category, we add at the Daily Balances tot the biding cycle together and divide the total by the number of days In the bl" cycle. This is the Avenge Daily Bah mce (including new Wrdmes)method. Aenesl Percentage Rule: If your Account has a variable rate, your Annual Percentage Rate may vary. Penally APR: Your APRs may lnaease to to Penalty APR if you tae to make a mtrdmum payment to us when due. If your Amount becomes subject to the penalty APR, we wglprovide advance notice before the new PeallyAPR gone into eted. t you make the next stet consuousve mu danum payments once he Penalty APR goes into effect, your rata will return to the not-pemlyAPRsappliable toyer Account. If you do notmake tasesok comeadive minimum payments, we may Ikap the Pe sly APR on yourAmountndeboby. Foreign Tnmdlm Fes: A 3% Foreign Tranadiat Fee VAN be assessed on the U-S. dollar armunten bamectionemade in afweign currency. Card Renewal Anneal Fes: An Annual fee may apply to your Amount if your Annual Fore Is billed arahtaly, you an avoid paying the fee if you all and dose your Account within 30 days of being billed. You may continue In use your Card during On 30 day period without paying it* fee. I your feeisbilled monthly. when you al and dose your Account due to IM Annual Fee charge, that monks fee will be credited back to your Account. AbwdYour Payment: Youagree to pay atkast 10 Minimum Payment Due In time to be credited to your Amount as of the Payrnent Due Date. You may pay more than the MinimumPapnentoue' dyoumaypaytheentireNewBalenaaiarylane. Palmurlsshouldbemiledwith asinglecoupontoIhepayenentaddrasshown nthe front of this filling statemant Payments mud be meta by a single died or money order payable In US. dollars and drawn on a U.S. Instmtlon. Payments may also be madeus(ng our opeohal payment byplhom or onli esimi as using to phone number or Web address listed on the front of this billing statement. Payntew received at the paymad address, submitted by phone of submitted online by &00 pm.. on any day, wilt be credited to your Account as of the date of receipt oparwise payment will be credited as of gas next day. A processing fee may apply to agent assisted phone payment. Cradling payments to your Account may be delayed up to live days of the payment Is not made as described above, or, is not mailed to and received at the address provided for remBtance; Is not accampatled by to payment coupon: Is received in an ahvelope odes Man the envelope provided for remittance; is stapled, folded, or paw dipped; or ktduda mutiple payment coupons ordheI Is. Requests for =0 balance refunds should be mated to do inquiry address shown an the front ofyourb *42tekmeat Bysadiagass ehockfat polaveat an Veen Account, yon aationtmusto mate a ant thus sle"It fonds transfer (EFT) Iron your bank account or to proem the ptyrrtn,1 as a cheek freesesfion. Whet we use information from yew deck to make an EFT, funds may be wilwbawn from your amountas soon as Owsame dry we receive your payment, and you will not reahie yew died back tram your Bnandal Jost flu ton. 11 you do not want your daeq to lit converted to an K please cal customer service atthephoto number on Mback of your cord. Payment by Phone: When you use our optional payment by phone service, you authorize us to initiate an electronic lundo franeferfram your dedpakd bank amount or to process the payment as a check transaction. You mat authorize the amount and timing of a" pyrnent. Please retain this authorization for your records. Haring Impaired: t you are hearing implied, call Telecommunicallons; Devices for tee D®t(TD DfTTY)at to phone number Iekd on On from at 96 biingstatement. 14egatw CroM Bursae Repel ngf; We may report Worreaflon about yew Account to credit boas[ Late paymats, meted payments, of oter detaule on your Amok" may be reflected in Yom credet report It any spoci is information related to you Acoamt,bamcdotewctedtexperiencewith usiska mote, you may notify usand request us to correct iM Inaccurate information (aher confirmation of the elk* error) reported lo ay aedk reporting agency by writing to us at P.O. Box 5253, Carol Sbwm.1L60197-5253. Debt Collection; We are requited by few, if applicable, to nobly you that we are Omitting to coled a debt and any information obtained oil be used for hall purpose. OTGRSeet - t -01121/10 To ensure accuracy, please print neatly using uppercase letters and numbers only! if you've filled in a new address and/or phone number, be sure to check the box on the reverse side of this paymerd coupon. Chuge of address form. Sort Mnlw N rryi star Weme m the voile ?O emf mint r Po ae. Ole. ON Ii I I I 1 1 171 Geer stye Ip? ' 'V I m r Emer M!w [?]?®-® WOyy ea,etw Vk'** Phe,e g9eRnpgr . I Account Number New Balance Minimum Payment Due Payment Due Date Amount Enclosed 54580022 0694 4581 $3,344.49 $128.00 08/23/2009 $aaoao.00 ? Do w* have your nsrem ntaA end emailaddress? Make check payable to: HS9C Card Services Pteaeec ie& and provide on the reverse side. Send Payment To: ROBERTLONG 24 5221 N FRONTST PAYMENTCENTER HARRISSURGPA 17110-1717 PO BOX 17313 I?Itllr?t+Ill?t??ll??rlt???lirlt?l?rlrtrlelrlllllrlrlllllll?rl?ll BALTIMORE MD 21297-1313 Ilrllrill??l?lrrllrrll?Il?Ii?l?"III'??I!le?l'??'I'?III'I?e1l?ttl 545800220644458100012800003344499 Detach and Insen this top poraoa in the wwWsed envelope. Be sue the Payment Center address stows in the erwebm wlrtdow. DIRECT ERC Wm BANK" Pay your bill anytime at AccountCentralOnline.com YOUR HSBC ACCOUNT SUMMARY Statement Date .....................................July 29.2009 Account Number ..................... .5458 0022 0894 4581 Total Credit Limit .........................................$4,110.00 Total Available Credit ............ ...........................$0.00 Cash Advance Credit Limit ..... ....................$1,025.00 Cash Advance Available Credit .........................$0.00 Minimum Payment Due .......... .......................$128.00 Payment Due Date ................... ......... 4LWust 23, 2009 Past Due Amount ................... ...........................$0.00 Ovedimit Amount ................... ...........................$0.00 YOUR BALANCE DETAILS Previous Balance ........................................ $3.472.75 Purchases ..... ..................................................+ $0.00 Cash Advances ............................................... + $0.00 Payments b Other Credits ......................... - $222.00 Fees/OUler ........................................................+ $0.00 Finance Charges ........................................... -$93.74 New Balance ............................................... $3,344.49 Notice: See reverse side for Important Information. 011. YOUR TRANSACTIONS PAYMENTS 3 CREDITS Trans. Date Post Reference # Date Description (-) Credit (+) Charges 07121 07/21 85458008A01JTS200 PAYMENT- THANK YOU TULSA OK $221.00 PURCHASES,CASH ADVANCES, 3 FEES Trans. Data Pose Reference # Date Description (-) Credits (+) charges 07!29 07129 'FINANCE CHARGE' PURCHASES $93.74 CASH ADVANCE $0.00 $93.74 5991 17G 1 7 19 090720 0 E PAGE 1 d 3 1 0 8800 2200 5098 OIBN5994 Change your address online Instantly at AeceauntContralOnllne corn YOUR CONTACT INFORMATION Please note o Address Changes may take up to two (2) weeks to process. Please print clearly. Address 0 Street Name Apt s and Other Address Info City Your Home Phone Number area ends) State Zip Code Your Business Phone N um bar (rea coda) Prlnl Em ail Address' ' Enid address is opli0na( Kb will comrAX%Cate with you We errW regan7<rtp your account and, ac catiiDrnely send y m Spatial offers hmu aw in* W ww a fernd makke ft patens, f you pmrhoastir opted out hum mcdWm antafs, PrwdrBng yaw a wg ad*i tip c wxef drat also Lan 'About Your "to: • You agree to pay at least the .M'tttiua ns Payment in time to be credited to your Account as of the Payment Due Date. • If your Accent is dedioquem, you can amid an additional Late Payment Fee by paying at lean the Minimum Payment Due. which includes any Pam due amour, in time to be polled as of the Payment Due Date. You may pay more than the Miaimttm Prymom Durand you may pay the entire Ncw• Balance at any time. • Payments shoed be ®iled with a single coupon to the payment address shown on the from of this billing statement Payments omm be nude by a single check or money order payable in US. doBas and drawn on a U.S. Institution. • Payments received at the payment adders by 5:00 pm Eastern time, on my day, will be credited to your Account as of the date of to«ipt; otherwise payment will be credited ra of due nett day- • Crc&6ng pnynams to your Account may be delayed up to five days if etc p symet is not ttmk as described above; is" received at the address Provided for remiamcc; is tat accompanied by the payment coupon; is received in an emelope other than the etvelape provided far ruminates; is stapled folded or paper clipped; or inchdes multiple Payment coutions or checks. • if your New Balance is a credit balance, it will be applied to firue Purchases or ash advances. or refunded to you at your written request. Requests should be mailed no the inquiry actress shown 0.1 the (mat of your billing stalcownt. By sending as a check ter psymnn on your Account, yen authorize us to make a one time electratie funds tra ster (EFT) from your hank account or to process the payment as a check transaction. When we use information form your check to rake an EFT, funds may be withdrawn from your account as soon as the same Any we receive your payment, emit you will not receive your check back from your financial institution, If you do not want yaw checks to be converted to an EK please call customer service at the phone number on the back of Yom card. Payttem By Phone: When you use ore opiomal payment by phone wi vise, you authorize m to initiate an electronic fum s transfer from your designated bank account or to Free= the payment as a check trat radion. You nun au ior¢e doe amount and timing oreach paynneru. Please MUM this authorizinnion for Yom records. Card Renewal: An Annual Fee may apply to your Account. If your Annual die is billed aumolly, you can avoid paying doe fee if you all and close yew Account within 30 days of being billed You may connote to use your Card during the 30 dry period without paying the fee, if your fee is billed monthly, when you call and elm you Account doe to the Amaral Fee charge, Flat months fee will be credited back to your Account. How We Calculate nuance Charges: We calculate due periodic Finance (large cm yowAecowt by multiplying the applicable Daily Periodic Rate by the Average Daily Idalanee for each ateg0ry of transactions shown on your billing statement (e.g., pu refuses, balancetraasfem, ash advances); the results are then multiplied by the number of days in the billing cycle. Delerinduing The Dally Balance: We take the beginning balance for each category of tnnaetions each day. add any new trmsacctions, any previous day's periodic Finance Charges. any asserted fees and charges, and s ldract my payment andforcredits If a traupaiom posts after the beginning of the billing cycle. tlrc applicable Daily Balance and any related Finance (large calculations will be adjusted retroactively to include the transaction amount as of the day it war posted Calculating the Average Ddly Balance: For each tratlta . ion category, we add all the Daily Balancer far the billing cycle together and divide the total by the number of days in the billing cycle. If the balance for any day is has that zero. we treat it as seem. This is the Average Daily Balance ('including new purchases) method Grace Periods: For aedil end purchases, periodic Finance Charges begin to accrue on the dime of the tnmactioo and continue to accrue until payment in full is credited to your Account. However, you have a Grace Period of at least 20 days from the statement date if to periodic Finance Chugs was billed to the Accout in the dement billing period; otherwise the Paynxm Due Date will be 25 drys from the statement date. That Friesen, if you paid the New Balance shown on your Ian billing statement by the Payment Due Date for that billing sotcmmt, you have until the Payment Me Date for your anent billing cycle to pay your New Balance in full to avoid the imposition of periodic F'uumce Charges on new credit card pu chunce. Periodic Finance Clwgn that accrue alter the statement due will appear on die next billing statement. There a no Chace Period for cash advances and balance transfers, including credit cord checks. That mtanr, periodic Finance Changes begin to accrue on the date of the transaction and coWioue to accrue until payment in full is credited to your Account. IIo* Periodic RattlAnmaal Percen lag Rate: The Annual Percentage Rates on your billing statement reflect the annualized equivalent of the Daily Periculic Rates acridly applied dining a particular billing cycle. The Annual Percentage Rates may differ front the Nominal Annul Percentage Rides because of the inclusion of any Finance Charge other than a periodic Finance Chair- You Annual Percentage Rates and Daily Periodic Rates may vary. Minimum nuance Charge: A Minimum FINANCE CRARGE of $1.00 will be changed in each billing cycle in which periodic Finance are payable Billing Rights Summary: In case orators or questions about your billing statetneu: If you think you hil)ing stalentet is wrong, or if you need more information about a trnaactien on you billing statement. write u+ as soon as possible, on a sepmsu sheet of paper, at Cxdmn*er Service Center, P.O Box 5251, Carol Stream, B. 60197.9641 we mat hear from you no beer dim 60 days after we sod you The fart billing stotemet on which ere erne m prvtskm appeuat Yin ca n telepbace ua. bid doing so will not peeser ve Yom rights In Yom kner. please include the following information: • lour come and aecema umber. • The doge amount of the suspected amen. • A descarlnti(n of the error. Explain. if you can. wiry yea believe Then is an error and any steps you have taken to resolve the error. You do tut lave to pay any amount in yuestim while we are investigating, but you we obligated to pray the pars of your big that are not in question. While we investiture year question, we cannot report you as delimlunN or tare any action to collect the amount you question. Special Rule for Credit Carl Purchases: If you have a problem with the quality of gosh or services that you purchased with a credit card, and you love tried in good faith to correct the problem with the merchant, you may not have in pay the remaining amount due on the goods or xsviceen.'Ibis protection applies only when the purchase price was more than $50 and the purchase was trade in your home state or within 100 miles of yourmantling address. If we oam or opeate the merchant or if we mailed you the advertisement for the property or swAces, all Purchases ate covered regardless of amount or location of purchase. Debt Collecdon: We are required by law when applicable, to nodly you that we are attempting to collect a debt, and any information obtabnd will he used for that purpose. Negative Credit Bureau Reporting: Wit may report information about your Account to c7edR bureaus. Late payments, mitred paymesals, or other deraults on your Account may be reflected to your credit report. OIBN59M - 11 - 02/1 I2008 2 ? IMPORTANT ACCOUNT INFORMATION YOUR ACCOUNT IS CURRENTLY CLOSED. YOUR FINANCE CHARGES Average Daily Daily Days in FINANCE ANNUAL NOMINAL ANNUAL Balance Periodic Rate Billing Cycle CHARGES PERCENTAGERATE PERCENTAGERATE Purchases $3,458.04 0.08215%(v) 33 $93.74 29.99% 29.99%(v) Cash Advances $0.00 0.08215%(v) 33 $0.00 29.99% 29.999/6(v) PERIODICRATE(S) MAY VARY. (v) Indicates variable rate. 000, HOW TO REACH US Cardmember Service Center : ...................................... ........................................................................................ ................... 800 779 7999 Pay by Phone: .................................. ........................................... .............................................................. ....................... 877-2 PAY-CARD I Pay by Phone outside the U.S. (Call Collect). ..• ............................... ...__.....................904-9977997 - Hearing Impaired-TDD : ............................................................................... .....877-902-0967 Mai Payments to : .....................................................................................Payment Center, PO Box 17313, Baltimore, MD 21297-1313 Mail "uiries to : ....... .................. ........ ........................................ ...CardmembOr Servieas, PO Box 5250, Carol Stream, 0..60197-5250 Online Account Management: ._ ........................................................................................._..........................AccountCentralOnllne.eom Prevlws balance $4,016.89 Lreaft Limn $4,100.00 Payments $0.00 Credit Available $0.00 Other Credits $0.00 Cash Limit V $1,025.00 Purchases/DeNts + $0.00 Cash Available $0.00 Cash Advances + $0.00 Statement Closing Date 02/25/2010 Past Due Amount $912.00 Days in Billing Cycle 28 Fees Charged + $0.00 Interest Charged + $93.43 New Balance $4,110.32 Wash Limit is a portion of Total Credit Limit Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Annual Percentage Rate (APR) Balance Subject to Interest Rate Interest Charge Purchase 29.99% (v) $4,061.75 $93.43 Cash Advances 29.99% (v) $0.00 $0.00 (v) = Variable DIRECTMERCHANTS BANK Account Statement Account Number 5458 0022 0694 4581 January 28, 2010 to February 25, 2010 Page 1 of i New Balance $4, i 10.32 Minimum Payment Due $1,047.00 Payment Due Date 032E/2010 If you make no additional You will pay off the And you will end up charges using this card and balance shown on this paying an estimated each month you pay... statement in about... total of... Only the minimum payment 20 Years $10925.00 $174.00 3 Years $6281.00 (Savings=$4644.00) ouesdons7 Payment Address: Customer Service: Billing Inquiries: Lost/Stolen Card: Manage Your account online at Outside USA Collect: TDD/Hearing Impaired: 1 rJJR AC COUNT IS GURRENTLYCLOSED. MAN it A; S; x f iZ 3..: TransDate Poet Date Deecrlptlon of Transaction or Credit Reference Number Amount ? .? r.??t. .r ?iT Y Y ",?4i11?? I.. ? ? ?.a L, G 4f? £'?? K ` ? ? f- ? ,?. ' r?j? ? i4 ,'. _.:. .. _ _ . . TOTAL FEFS FOR THIS PERIOD ? SU.OG yy?? r A 1 ?::.i4 ? ARM* I?s'7[4..1- .3H'ryI 1 i .[r a. 02/26 u2i2b Interest Charge on Purchases a9343 0225 02125 Interest Charge on Cash Advances $O,DO TOTAL INTERESTFOR THIS PERIOD 93.43 Total Fees charged in 2010 $0.00 Total Interest charged in 2010 $191.18 5994 DOH 1 7 19 100225 0 E X PAGE 1 of 1 DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT. ROBERTLONG za 819 COUNTRYCLUBRD CAMP HILL PA 17011-1616 C] New Address or Phone Number Please check the box and enter your new Intormation on reverse aide 1 0 8900 2200 T098 OICR5994 SEE REVERSESIDE FOR IMPORTANT INFORMATION Account Number. 5458 0022 0694 4581 New Balance $4,11022 Minimum Payment Due $1,047.00 Payment Due Date 03/2=110 Do not send cash. Please send your payment 7 to 10 days prior to the payment due date to ensure timely delivery. AMOUNT $111111 11111111.1111 ENCLOSED 545800220694458100104700004110320 What To Do it You Think You Find a Mistake on Your Statement If you think there is an error on your statement, write to us on a separate sheet of paper at the billing inquiries address listed on the front of this billing statement. In your letter, give us the following information: • Accountinformalion:Your name and account number. • Dollaramount The dollar amount of the suspected error. • Description ofWoblem:lfyouthink there isanerror onyour bill, describe whatyou believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writng. You may callus, but if you do we are not required to investigate any potential errors and you may have to pay the amountin question. While we investigate whether or not there has been an error, thefollowing are true: • We cannot try to collect the amount in question, or reportyeuasdelinquentonthat amount. • The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related tothatamount. • While you do not have to pay the amount in question, you are responsible for the remainder of your balance. • We can apply any unpaid amount against your credit limit. Your Rights if You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your creditcard, and you have tried in good faith to correct the problem with the merchant, you may have the right notto pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home State or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed toyou, or if we own the company thatsold you the goods orservioes.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must notyet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at the billing inquiries address on the front of this billing statement. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may reportyou as delinquent. How to Avoid Paying Interest on Purchases (Grace Periods on Credit Card Purchases): Periodic Interest Charges begin to accrue on the date of the transaction and continue to accrue until your balance is paid in full. However, if you pay your entire New Balance shown by the Payment Due Date in the previous month, you can pay your current month's New Balance by the Payment Due Date without being assessed an Interest Charge on your purchases. Paying Interest on Other Transactions (No Grace Period an other transactions): There is no Grace Period for other transactions including cash advances, balance transfers, and credit card checks. Periodic Interest Charges begin to accrue on the date of the transaction, and continue to accrue unfit payment in full is credited toyour Account. How We Calculate Interest Charges: We calculate the periodic Interest Charge on your Account by multiplying the applicable Daily Periodic Rate by the Average Daily Balance for each category of transactions shown on your billing statement (e.g., purchases, balance transfers, cash advances); the results are then multiplied by the number of days in the billing cycle. You can determine your Daily Periodic Rate by dividing theAPR by365. Determining the Daily Balance: We take the beginning balance for each category of transactions each day, add any new transactions, any previous day's periodic Interest Charges, any assessed fees and charges, and subtract any payments and/or credits. It your Account is subject to a grace period during the billing cycle, payments made during that cycle will be subtracted from all Daily Balances in the current cycle. If a transaction for a returned payment or a dispute resolved in our favor posts after the beginning of the billing cycle, the applicable Daily Balance(s) and any related Interest Charge calculations will be adjusted retroactively to include the transaction amount as of the date of the original transaction. 0 2010 Card services Inc. Calculating the Balance Subject to Interest Hate: For each transaction category, we add all the Daily Balances for the billing cycle together and divide the total by the number of days in the billing cycle. This is the Average Daily Balance (including new purchases) method. Annual Percentage Hate: If your Account has a variable rate, your Annual Percentage Rate may vary. Penalty APR: Your APRs may increase to the Penalty APR if you fail to make a minimum payment to us when due. If your Account becomes subject to the Penalty APR, we will provide advance notice before the new Penalty APR goes into effect. If you make the next sic consecutive minimum payments once the Penalty APR goes into effect, your rates will return to the non-penaltyAPRs applicable to your Account. If you do not make these six consecutive minimum payments, we may keep the Penalty APR on your Account indefinitely. Foreign Transaction Fee: A 3% Foreign Transaction Fee will be assessed on the U.S. dollar amount on transactions made in a foreign currency. Card Renewal Annual Fee: An Annual Fee may apply to your Account. It your Annual Fee is billed annually, you can avoid paying the tee if you call and close your Account within 30 days of being billed. You may continue to use your Card during the 30 day period without paying the fee. If your fee is billed monthly, when you call and close your Account due to the Annual Fee charge, that month's fee will be credited back to your Account. About Your Payment: You agree to pay at least the Minimum Payment Due in time to be credited to your Account as of the Payment Due Data. You may pay more than the Minimum Payment Due, and you may pay the entire New Balance at anytime. Payments should be mailed with a single coupon to the payment address shown on the front of this billing statement. Payments must be made by a single check or money order payable in U.S. dollars and drawn on a U.S. Institution. Payments may also be made using our optional payment by phone or online services using the phone number or Web address listed on the front of this billing statement. Payments received at the payment address, submitted by phone or submitted online by 5:00 p.m., on any day, will be credited to your Account as of the date of receipt; otherwise payment will be credited as of the next day. A processing fee may apply to agent assisted phone payments. Crediting payments to your Account may be delayed up to five days if the payment is not made as described above, or, is not mailed to and received at the address provided for remittance; is not accompanied by the payment coupon; is received in an envelope other than the envelope provided for remittance; is stapled, folded, or paper clipped; or includes multiple payment coupons or checks. Requests for credit balance refunds should be mailed to the inquiry address shown on the front of your billing statement. Bysending us a checkfor payment on yourAccourd, you authorize us to make a one time electronic funds transfer (EFT) from your bank account or to process the payment as a check transaction. When we use information from your check to make an EFT, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. If you do not want your checks to be converted to an EFT, please call customer service atthe phone number on the back of your card. Payment by Phone: When you use our optional payment by phone service, you authorize us to initiate an electronic funds transfer from your designated bank account or to process the payment as a check transaction. You mustauthorize the amount and timing of each payment. Please retain this authorization for your records. Hearing Impaired: If you are hearing impaired, call Telecommunications Devices for the Deaf (TDD/TTY) atthe phone number listed on the front of this billing statement. Negative Credit Bureau Reporting: We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. It any specific information related to your Account, transactions or creditexperience with us is inaccurate, you may notify us and request us to correct the inaccurate information (after confirmation of the alleged error) reported to any credit reporting agency by writing to us at P.O. Box 5253, Carol Stream, 11-60197-5253. Debt Collection: We are required by law, if applicable, to notify you that we are attempting to collect a debt, and any information obtained will be used for that purpose. 01 CA 5994 - 1 - 01 /21 /10 To ensure accuracy, please print neatly using uppercase letters and numbers only! If you've filled in a new address and/or phone number, be sure to check the box on the reverse side of this payment coupon. Change of address form. Ilstreett Num?ber of any) I Streel Name or the words "PO Bow" unit or PO Bow Number I I I ? E= L l I ((????? city ?????=????? SIJL I ??? Emait Adcreu ??l I I I I ?=?L i i iii ? I I Home Phone (Primary) Work Phone (Primary) ???/®=? ®I ?m-F? Work Phone ?oa/?-E?? %?-?? Account Number New Balance Minimum Payment Due Payment Due Date Amount Enclosed 5458 0022 0694 4581 $3,344.49 $128.00 08/23/2009 1 COME-1:11:1 Do we have your current mailing and email address? Make check payable to: HSBC Card Services Please check and provide on the reverse side. Send Payment To: ROBERTLONG 24 5221 N FRONT ST PAYMENTCENTER HARRISBURGPA 17110-1717 PO BOX 17313 1?1tI1t?I?IIII??lll?ltlt???llrlrlllrll??l?l'IIIII'I'Illllll?tl??l BALTIMORE MD 21297-1313 IIIIIII II111111111111111111111111111111111-1111111'Jill IIII I 11111 545800220694458100012800003344499 Detach and Insert this top portion In the enclosed envelope. Be sure the Payment Center address shows in the envelope window. DIRECT ERCHANTS BANK- Pay your bill anytime at AccountCentralOnline.com YOUR HSBC ACCOUNT SUMMARY Statement Date ........................ .............July 29, 2009 Account Number ..................... .5458 0022 0694 4581 Total Credit Limit ..................... ....................$4,100.00 Total Available Credit ............ ...........................$0.00 Cash Advance Credit Limit ..... ....................$1,025.00 Cash Advance Available Credit .........................$0.00 Minimum Payment Due ........... ......................$128.00 Payment Due Date ................... ........August 23, 2009 Past Due Amount ..................... ..........................$0.00 Overlimit Amount .................... ..........................$0.00 YOUR BALANCEDETAILS Previous Balance ............................... ......... $3,472.75 Purchases .......................................... ..............+ $0.00 Cash Advances ................................. ..............+ $0.00 Payments & Other Credits ............... .......... - $222.00 Fees/Other .......................................... ..............+ $0.00 Finance Charges ................................ ............+ $93.74 New Balance ...................................... ......... $3,344.49 Notice: See reverse side for Important Information. YOUR TRANSACTIONS PAYMENTS & CREDITS Trans. Post Reference # Date Date Description ()Credits (+) Charges 07/21 07/21 85458006A01JTS200 PAYMENT- THANK YOU TULSA OK $222.00 PURCHASES, CASH ADVANCES, & FEES Trans. Post Reference # Date Date Description ()Credits (+) Charges 07/29 07/29 'FINANCE CHARGE' PURCHASES $93.74 CASH ADVANCE $0.00 $93.74 5994 T7G 1 7 19 090729 0 E PAGE 1 of 3 1 0 8800 2200 T098 01BN5994 Change your address online instantly at AccountCentralOnline.com YOUR CONTACT INFORMATION Please note o Address changes may take up to two (2) weeks to process. Please print clearly. Address # Street Name Apt # and Other Address Info City Your Home Phone Number (area code) State Zip Code ?n - t-I? Your Business Phone Number (area code) Print Email Address' Email address is optional. We will communicate with you via email regarding your account and occasionaly send you special offers from our internal and external marketing partners. N you previously opted out tram reosiving erne#a, providing your email address will cancel that election. *About Your Payment: • You agree to pay at least the Minimum Payment in time to be credited to your Account as of the Payment Due Date. • If your Account is delinquent, you can avoid an additional Late Payment Fee by paying at least the Minimum Payment Due, which includes any past due amount, in time to be posted as of the Payment Due Date. You may pay more than the Minimum Payment Due-and you may pay the entire New Balance at any time. • Payments should be mailed with a single coupon to the payment address shown on the front of this billing statement. Payments must be made by a single check or money order payable in US. dollars and drawn on a U.S. Institution. • Payments received at the payment address by 5:00 pm Eastern time, on any day, will be credited to your Account as of the date of receipt; otherwise payment will be credited as of the next day. • Crediting payments to your Account may be delayed up to five days if the payment is not made as described above; is not received at the address provided for remittance; is not accompanied by the payment coupon; is received in an envelope other than the envelope provided for remittance; is stapled folded or paper clipped; or includes multiple payment coupons or checks. • If your New Balance is a credit balance, it will be applied to future purchases or cash advances, or refunded to you at your written request. Requests should be mailed to the inquiry address shown on the front of your billing statement. By sending us a check for payment on your Account, you authorize as to make a one time electronic funds transfer (EFT) from your bank account or to process the payment as a check transaction. When we ore information from your check to make an EFT, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. If you do not want your checks to be converted to an EFT, please call customer service at the phone number on the back of your card Payment By Phone: When you use our optional payment by phone service, you authorize us to initiate an electronic funds transfer from your designated bank account or to process the payment as a check transaction. You must authorize the amount and timing of each payment. Please retain this authorization for your records. Card Renewal: An Annual Fee may apply to yourAccount. If your Annual Fee is billed annually, you can avoid paying the fee if you call and close your Account within 30 days of being billed You may continue to use your Card during the 30 day period without paying the fee. If your fee is billed monthly, when you call and close your Account due to the Annual Fee charge, that month's fee will be credited back to your Account. How We Calculate Finance Charges: We calculate the periodic Finance Charge on your Account by multiplying the applicable Daily Periodic Rate by the Avenge Daily Balance for each category of transactions shown on your billing statement (e.g., purchases, balance transfers, cash advances); the results are then multiplied by the number of days in the billing cycle. Determining the Daily Balance: We take the beginning balance for each category of transactions each day, add any new transactions, any previous: day's periodic Finance Charges, any assessed fees and charges, and subtract any payments and/or credits. If a transaction posts after the beginning of the billing cycle, the applicable Daily Balance and any related Finance Charge calculations will he adjusted retroactively to include the transaction amount as of the day it was pasted Calculating the Average Daily Balance: For each transaction category, we add all the Daily Balances for the billing cycle together and divide the total by the number of days in the billing cycle. If the balance for any day is less than zero, we treat it as zero. 'This is the Average Daily Balance (including new purchases) method. Grace Periods: For credit card purchases, periodic Finance Charges begin to accrue on the date of the transaction and continue to accrue until payment in full is credited to your Account. However, you have a Grace Period of at least 20 days from the statement date if no periodic Finance Charge was billed to the Account in the current billing period; otherwise the Payment Due Date will be 25 days from the statement date. That means, if you paid the New Balance shown on your last billing statement by the Payment Due Date for that billing statement, you have until the Payment Due Date for your current billing cycle to pay your New Balance in full to avoid the imposition of periodic Finance Charges on now credit card purchases. Periodic Finance Charges that accrue after the statement date will appear on the next billing statement. There is no Grace Period for cash advances and balance transfers, including credit card checks. That means, periodic Finance Charges begin to accrue on the date of the transaction and continue to accrue until payment in full is credited to your Account. Daily Periodic Rate/Ammal Percentage Rate: The Annual Percentage Rates on your billing statement reflect the annualized equivalent of the Daily Periodic Rates actually applied during a particular billing cycle. The Annual Percentage Rates may differ from the Nominal Annual Percentage Rates because of the inclusion of any Finance Charge other than a periodic Finance Charge. Your Annual Percentage Rates and Daily Periodic Rates may vary . Minimum Finance Charge: A Minimum FINANCE CHARGE of $1.00 will be charged in each billing cycle in which periodic Finance Charges are payable. Billing Rights Summary: In case of errors or questions about your billing statement: If you think your billing statement is wrong, or if you need more information about a transaction on your billing statement, write us as soon as possible, on a separate sheet of paper, at Cardmember Service Center, P.O. Box 5251, Carol Stream, IL 60197-9642. We must bear from you no later than 60 days after we sent you the first billing statement on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, please include the following information: • Your name and account number. • The dollar amount of the suspected error. • A description of the error. Explain, if you can, why you believe there is an error and any steps you have taken to resolve the error. You do not have to pay any amount in question while we are investigating, but you are obligated to pay the parts of your bill that are not in question. While we investigate your question, we cannot report you as delinquent or take any action to collect the amount you question. Special Rule for Credit Card Purchases: If you have a problem with the quality of goods 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 not have to pay the renaming amount due on the goods or services. This protection applies only when the purchase price was more than $50 and the purchase was made in your home state or within 100 miles of your mailing address. If" own or operate the merchant or if We mailed you the advertisement for the property or services, all purchases are covered regardless of amount or location of purchase. Debt Collection: We are required by law, when applicable, to notify you that we are attempting to collect a debt, and any information obtained will be used for that purpose. Negative Credit Blreau Reporting: We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. 01 BN5994 - 11 - 02/1112008 010. IMPORTANT ACCOUNT INFORMATION YOUR ACCOUNT IS CURRENTLY CLOSED. YOUR FINANCE CHARGES Average Daily Daily Days in FINANCE ANNUAL NOMINAL ANNUAL Balance Periodic Rate Billing Cycle CHARGES PERCENTAGERATE PERCENTAGERATE Purchases $3,456.04 0.08215%(v) 33 $93.74 29.99% 29.99°/ (v) Cash Advances $0.00 0.08215%(v) 33 $0.00 29.99% 29.99%(v) PERIODICRATE(S) MAY VARY. (v) indicates variable rate. 01111, HOW TO REACH US Cardmember Service Center: ..................................................................................................................................................BOO-379.7999 Pay by Phone: .....................................................................................................................................................................877-2 PAY-CARD Pay by Phone outside the U.S. (Call Collect) : ........................................................... ...................................... ...................... 904997-4997 - Hearing Impaired-TDD : ............................................................................................ ...877-902-0967 ............................................................. Mail Payments to: ......................................................................................Payment Center, PO Box 17313, Baltimore, MD 21297-1313 Mail Inquiries to : .............................................................................Cardmember Services, PO Box 5250, Carol Stream, IL 60197-5250 Online Account Management: ........................................................................................................................AccountCentrelOnline.com Page 1 of 1 DIRECTMERCHANTS BANK Account Statement Account Number 5458 0022 0694 4581 January 28, 2010 to February 25, 2010 9? - Previous Balance $4,016.89 OraJrt Lvn4 $4,100.v0 Payments - $0.00 Credit Available $0.00 Other Credits $0.00 Cash Limit V $1,025.00 Purchases/Debits + $0.00 Cash Available $0.00 Cash Advances + $0.00 Statement Closing Date 02/25/2010 Past Due Amount $912.00 Days in Billing Cycle 28 Fees Charged + $0.00 Interest Charged + $93.43 New Balance $4,110.32 \Cash Limit is a portion of Total Credit Limit IlF,KVINW N.. 6.61-1 $4,11U.32 Minimum Payment Due $1,047.00 Payment Due Date 03/22/2010 If you make no additional You will pay off the And you will and up charges using this card and balance shown on this paying an estimated each month you pay... statement in about... total of... Only the minimum payment 20 Years $10925.00 $174.00 3 Years $6281.00 Savin s=$4644.00 Duestlons7 Payment Address: Customer Service: Billing Inquiries: Lost/Stolen Card: Manage Your account online at Outside USA Collect: TDD/Hearing Impaired: YOUR ACC -0UNT IS CURRENTLY CLOSED. Trana Date Post Date Descrlptlonof Transactlonor Credit Reference Number Amount ;.ti: ,-,??ai;:. ;?? h •?? `'k? .??? ''i.. ?f?'I'. 'i ?y ?,C?L, sj 3si. ???'? i?c: TOTAL FEES FOR THIS PERIOD 5000 J225 U2/25 Inlarest Charge on Furehaseb' $93.43 02125 02/25 Interest Charge on Cash Advances $0,00 Total Feescharged in 2010 $0.00 Total Interest charged in 2010 $191.18 'our Annual Percentage Rate (APR) is the annual interest rate on your account. yps of Balance Annual Percentage Rate (APR) Balance Subject to Interest Rate Interest Charge 'urchase 29.99% (v) $4,061.75 $93.43 ;ash Advances 29.99% (v) $0.00 $0.00 1) = Variable 5994 DOH 1 7 19 100225 0 E% PAGE 1 o1 1 DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT. 1 0 8500 2200 T098 01 CR5994 SEE REVERSESIDE FOR IMPORTANT INFORMATION Account Number: 5458 0022 0694 4581 New Balance $4,110.32 Minimum Payment Due $1,047.00 Payment Due Daft 03!222010 Do not send cash. Please send your payment 7 to 10 days prior to the payment due date to ensure timely delivery. AMOUNT ENCLOSED $ O ? ? ? ? ? FI.? F-1 ROBERTLONG 819 COUNTRYCLUB RD CAMP HILL PA 17011-1616 ? New Address or Phone Number? Please check the box and enter your new information on reverse side 24 545800220694458100104700004110320 What To Do it You Think You Find a Mistake on Your Statement If you think there is an error on your statement, write to us on a separate sheet of paper at the billing inquiries address listed on thefront of this billing statement. In your letter, give us the following information: • Accountinformatfon:Your name and account number. • Dollaramount The dollar amount of the suspected error. • Description ofProblem.,Ifyou think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing. You may call us, but 0you do we are not required to investigate any potential errors and you may have to pay the amountin question. While we investigate whether or not there has been an error, thefollowing are true: • We cannot try to collect the amount in question, or reportyou asdelinquent on that amount. • The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to thatamount. • While you do not have to pay the amount in question, you are responsible for the remainder of your balance. • We can apply any unpaid amount against your credit limit. Your Rights if You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your creditcard, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home State or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or If we own the company that sold you the goods orservioes.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do notquaiify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at the billing inquiries address on the front of this billing statement. While we Investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, 6 we think you owe an amountand you do not pay we may report you as delinquent. How to Avoid Paying Interest on Purchases (Grace Periods on Credit Card Purchases): Periodic Interest Charges begin to accrue on the date of the transaction and continue to accrue unfil your balance is paid in full. However, if you pay your entire New Balance shown by the Payment Due Date in the previous month, you can pay your current month's New Balance by the Payment Due Date without being assessed an Interest Charge on your purchases. Paying Interest on Other Transactions (No Grace Period on other transactions): There is no Grace Period for other transactions including cash advances, balance transfers, and credit card checks. Periodic Interest Charges begin to accrue on the date of the transaction, and continue to accrue until payment in full is credited toyour Account. How We Calculate Interest Charges: We calculate the periodic Interest Charge on your Account by multiplying the applicable Daily Periodic Rate by the Average Daily Balance for each category of transactions shown on your billing statement (e.g., purchases, balance transfers, cash advances); the results are then multiplied by the number of days in the billing cycle. You can determine your Daily Periodic Rate by dividing theAPR by365. Determining the Daily Balance: We take the beginning balance for each category of transactions each day, add any new transactions, any previous day's periodic Interest Charges, any assessed fees and charges, and subtract any payments and/or credits. If your Account Is subject to a grace period during the billing cycle, payments made during thatcycle will be subtracted from all Daily Balances in the currentcycle. If a transaction for a returned payment or a dispute resolved in our favor posts after the beginning of the billing cycle, the applicable Daily Balance(s) and any related Interest Charge calculations will be adjusted retroactively to include the transaction amount as of the date of the original transaction. ® 2010 Card Services Inc. Calculating the Balance Subject to interest Rate: For each transaction category, we add all the Daily Balances for the billing cycle together and divide the total by the number of days in the billing cycle. This is the Average Daily Balance (including new purchases) method. Annual Percentage Rate: If your Account hasa variable rate, your Annual Percentage Rate may vary. Penalty APR: Your APRs may increase to the Penalty APR if you fail to make a minimum payment to us when due. It your Account becomes subject to the Penalty APR, we will provide advance notice before the new Penalty APR goes into effect. If you make the next sic consecutive minimum payments once the Penalty APR goes into effect, your rates will return to the non-penaltyAPRs applicable to your Account. "you do not make these six consecutive minimum payments, we may keep the Penalty APR on your Account indefinitely. Foreign Transaction Fee: A 3% Foreign Transaction Fee will be assessed on the U.S. dollar amount on transactions made in a foreign currency. Card Renewal Annual Fee: An Annual Fee may apply to your Account. If your Annual Fee is billed annually, you can avoid paying the fee if you call and dose your Account within 30 days of being billed. You may continue to use your Card during the 30 day period without paying the fee. If your fee is billed monthly, when you call and close your Account due to the Annual Fee charge, that month's fee will be credited back to your Account. Abort Your Payment: You agree to pay at least the Minimum Payment Due in time to be credited to your Account as of the Payment Due Date. You may pay more than the Minimum Payment Due, and you may pay the entire New Balance at any time. Payments should be mailed with a single coupon to the payment address shown on the front of this billing statement. Payments must be made by a single check or money order payable in U.S. dollars and drawn on a U.S. Institution. Payments may also be made using our optional payment by phone or online services using the phone number or Web address listed on the front of this billing statement. Payments received at the payment address, submitted by phone or submitted online by 5:00 p.m., on any day, will be credited to your Account as of the date of receipt; otherwise payment will be credited as of the next day. A processing fee may apply to agent assisted phone payments. Crediting payments to your Account may be delayed up to five days if the payment is not made as described above, or, is not mailed to and received at the address provided for remittance; is not accompanied by the payment coupon; is received In an envelope other than the envelope provided for remittance; is stapled, folded, or paper clipped; or includes multiple payment coupons or checks. Requests for credit balance refunds should be mailed to the inquiry address shown on the front of your billing statement. By sending us a check for payment on your Account, you authorize us to make a one time electronic funds transfer (EFT) from your bank account or to process the payment as a check transaction. When we use information from your check to make an EFT, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. If you do not want your checks to be converted to an EFT, please call customer service atthe phone number on the back of your card. Payment by Phone: When you use our optional payment by phone service, you authorize us to initiate an electronic funds transfer from your designated bank account or to process the payment as a check transaction. You must authorize the amount and timing of each payment. Please retain this authorization for your records. Hearing Impaired: If you are hearing impaired, call Telecommunications Devices for the Deaf (TDD/TTY) at the phone number listed on the front of this billing statement. Negative Credit Bureau Reporting: We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. If any specific information related to your Account, transactions or credit experience with us is inaccurate, you may notify us and request us to correct the inaccurate information (after confirmation of the alleged error) reported to any credit reporting agency by writing to us at P.O. Box 5253, Carol Stream, 11-60197-5253. Debt Collection: We are required by law, if applicable, to notify you that we are attempting to collect a debt, and any information obtained will be used for that purpose. 01 CR 5994 -I - 01 /21110 To ensure accuracy, please print neatly using uppercase letters and numbers only! If you've filled In a new address and/or phone number, be sure to check the box on the reverse side of this payment coupon. Change of address form. IISbee?a'l Number (H ar?ty)'a Street Name or the words "Po Box' I? ' I(? ' 'gyp ' unit or PO aox Norroarumberr III m=mr?=E' tLL ? l'?j J? I?L.JW city ??®?EI IL II Njj--?j-J I?L?JLJ a? a?? Email Address I('' aN I ??®???ET-1?I I®® Home Phone (Primary) Work Phone (Primary) Mobile Phone Work Phone (Secondary) ???/EU?-?= /E] -=E1 Account Number New Balance Minimum Payment Due Payment Due Date Amount Enclosed 5458 0022 0694 4581 $3,344.49 $128.00 08/23/2009 $? EI? EI? , ? L] Do we have your current mailing and email address? Make check payable to: HSBC Card Services Please check and provide on the reverse side. Send Payment To: ROBERTLONG 24 5221 N FRONTST PAYMENTCENTER HARRISBURGPA 17110-1717 PO BOX 17313 I?ItIIr?I?IlI?r?Ill??rlt???Iltlt?I?rlrtrl'I'lllll'I'lllllll?'I??I BALTIMORE MD 21297-1313 Ilr?ltlll??lllttllttll?ll?ll?l?"III'??III'?I'??'i'?III'I?"I?III 545800220694458100012800003344499 Detach and insert this top portion in the enciosedenvelops. Be sure the Payment Center address shows in the envelope window. DIRECT ERgiAws BANK- Pay your bill anytime at AccountCentralOnline.com YOUR HSBC ACCOUNT SUMMARY Statement Date ........................ .............July 29, 2009 Account Number ..................... .5458 0022 0694 4581 Total Credit Limit ..................... ....................$4,100.00 Total Available Credit ............ ...........................$0.00 Cash Advance Credit Limit ..... ....................$1,025.00 Cash Advance Available Credit .........................$0.00 Minimum Payment Due .......... .......................$128.00 Payment Due Date ................... ........August 23, 2009 Past Due Amount ..................... ..........................$0.00 Overlimit Amount .................... ..........................$0.00 YOUR BALANCE DETAILS Previous Balance ...................... .................. $3,472.75 Purchases ................................. .......................+ $0.00 Cash Advances ........................ .......................+ $0.00 Payments & Other Credits ...... .................... $222.00 Fees/Other ................................. .......................+ $0.00 Finance Charges ....................... .....................+ $93.74 New Balance ............................. .................. $3,344.49 Notice: See reverse side for Important Information. YOUR TRANSACTIONS PAYMENTS & CREDITS Trans. Post Reference # Date Date Description (-) Credits (+) Charges 07/21 07/21 85458006A01JTS200 PAYMENT-THANK YOU TULSA OK $222.00 PURCHASES, CASH ADVANCES, & FEES Trans. Post Reference # Date Date Description ()Credits (+) Charges 07/29 07/29 'FINANCE CHARGE' PURCHASES $93.74 CASH ADVANCE $0.00 $93.74 5994 T7G 1 7 19 090729 0 E PAGE 1 of 3 1 0 8800 2200 T098 01BN5994 Change your address online Instantly at AccountCentralOnline.com YOUR CONTACT INFORMATION Please note o Address changes may take up to two (2) weeks to process. Please print clearly. Address N Street Name Apt # and Other Address Info City 111111111111111 Your Home Phone Number (area code) State Zip Code - Your Business Phone Number (area code) Print Email Address' Email add ass is optional. We will communicate with you via email regarding your account and occaslonaly sendyou special offers from our internal and extemal marketing partners. N you previously opted out from recelvtng ema(la, providing your emdl address wfn cancel that elsction. *About Your Payment: • You agree to pay at least the Minimum Payment in time to be credited to your Account as of the Payment Due Date. • If your Account is delinquent, you can avoid an additional Late Payment Fee by paying at least the Minimum Payment Due, which includes any past due amount, in time to be posted as of the Payment Due Date. You may pay more than the Minimum Payment Due-and you may pay the entire New Balance at any time. • Payments should be mailed with a single coupon to the payment address shown on the front of this billing statement. Payments must be made by a single check or money order payable in US. dollars and drawn on a U.S. Institution. • Payments received at the payment address by 5:00 pm Eastern time, on any day, will be credited to your Account as of the date of receipt; otherwise payment will be credited as of the next day. • Crediting payments to your Account may be delayed up to five days if the payment is not made as described above; is not received at the address provided for remittance; is not accompanied by the payment coupon; is received in an envelope other than the envelope provided for remittance; is stapled folded, or paper clipped; or includes multiple payment coupons or checks. • If your New Balance is a credit balance, it will be applied to future purchases or cash advances, or refunded to you at your written request. Requests should be mailed to the inquiry address shown on the front of your billing statement. By sending us a check for payment on your Account, you authorize us to make a one time electronic funds transfer (EFT) from your bank account or to process the payment as a check transaction. When we use information from your check to make an EFT, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive you check back from your financial institution. If you do not want your checks to be converted to an EFT, please call customer service at the phone number on the back of your card Payment By Phone: When you use our optional payment by phone service, you authorize us to initiate an electronic funds transfer from your designated bank account or to process the payment as a check transaction. You must authorize the amount and timing of each payment Please retain this authorization for your records. Card Renewal: An Annual Fee may apply to yourAccount. If your Annual Fee is billed annually, you can avoid paying the fee if you call and close your Account within 30 days of being billed You may continue to use your Card during the 30 day period without paying the fee. If your fee is billed monthly, when you call and close your Account due to the Annual Fee charge, that months fee will be credited back to your Account How We Calculate Finance Charges: We calculate the periodic Finance Charge on your Account by multiplying the applicable Daily Periodic Rate by the Average Daily Balance for each category of transactions shown on your billing statement (e.g., purchases, balance transfers, cash advances); the results are then multiplied by the number of days in the billing cycle. Determining the Daily Balance: We take the beginning balance for each category of transactions each day, add any new transactions, any previous day's periodic Finance Charges, any assessed fees and charges, and subtract any payments and/or credits. If a transaction pasts after the beginning of the billing cycle, the applicable Daily Balance and any related Finance Charge calculations will be adjusted retroactively to include the transaction amount as of the day it was posted Calculating the Average Daily Balance: For each transaction category, we add all the Daily Balances for the billing cycle together and divide the total by the number of days in the billing cycle. If the balance for any day is less than zero, we treat it as zero. This is the Average Daily Balance (including new purchases) method Grace Periods: For credit card purchases. periodic Finance Charges begin to accrue on the date of the transaction and continue to accrue until payment in full is credited to your Account. However, you have a Grace Period of at least 20 days from the statement date if no periodic Finance Charge was billed to the Account in the current billing period; otherwise the Payment Due Date will be 25 days from the statement date. That means, if you paid the New Balance shown on your last billing statement by the Payment Due Date for that billing statement, you have until the Payment Due Date for your current billing cycle to pay your New Balance in full to avoid the imposition of periodic Finance Charges on new credit card purchases. Periodic Finance Charges that accrue after the statement date will appear on the next billing statement. There is no Grace Period for cash advances and balance transfers, including credit card checks. That means, periodic Finance Charges begin to accrue on the date of the transaction and continue to accrue until payment in full is credited to your Account. Daily Periodic Rate/Annual Percentage Rate: The Annual Percentage Rates on your billing statement reflect the annualized equivalent of the Daily Periodic Rates actually applied during a particular billing cycle. The Annual Percentage Rates may differ from the Nominal Annual Percentage Rates became of the inclusion of any Finance Charge other than a periodic Finance Charge. Your Annual Percentage Rates and Daily Periodic Rates may vary. Minimum Finance Charge: A Minimum FINANCE CHARGE of $1.00 will be charged in each billing cycle in which periodic Finance Charges are payable. Billing Rights Summary: In case of errors or questions about your billing statement: If you think your billing statement is wrong, or if you need more information about a transaction on your billing statement, write us as soon as possible, on a separate sheet of papa, at Cardmember Service Center, P.O. Box 5251, Carol Stream, IL 60197-9642. We must hear from you no later than 60 days after we sent you the first billing statement on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, please include the following information: • Your name and account number. • The dollar amount of the suspected error. • A description of the error. Explain, if you can, why you believe there is an error and any steps you have taken to resolve the error. You do not have to pay any amount in question while we are investigating, but you are obligated to pay the parts of your bill that are not in question, While we investigate your question, we cannot report you as delinquent or take any action to collect the amount you question. Special Rule for Credit Card Purchases: If you have a problem with the quality of goods 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 not have to pay the renaming amount due on the goods or services. This protection applies only when the purchase price was more then $50 and the purchase was made in your home state or within 100 miles of your mailing address. If we own or operate the merchant or if we mailed you the advertisement for the property or services, all purchases are covered regardless of amount or location of purchase. Debt Collection: We are required by law, when applicable, to notify you that we are attempting to collect a debt, and any information obtained will be used for that purpose. Negative Credit Bureau Reporting: We may report information about your Account to credit bureaus. Late payments, missed payments, or other defaults on your Account may be reflected in your credit report. 0 1 BN5994 - 11 - 02111/2009 IMPORTANT ACCOUNT INFORMATION YOUR ACCOUNT IS CURRENTLY CLOSED. YOUR FINANCE CHARGES Average Daily Daily Days in FINANCE ANNUAL NOMINAL ANNUAL Balance Periodic Rate Billing Cycle CHARGES PERCENTAGERATE PERCENTAGERATE Purchases $3,458.04 0.08215%(v) 33 $93.74 29.99% 29.99%(v) Cash Advances $0.00 0.08215%(v) 33 $0.00 29.99% 29.99%(v) PERIODICRATE(S) MAY VARY. (v) indicates variable rate. 0111, HOW TO REACH US Cardmember Service Center: ....................................................... ........................................................................................... 800-379.7999 Pay by Phone: .....................................................................................................................................................................877-2 PAY-CARD Pay by Phone outside the U.S. (Call Collect) : .......................................................................................................................904997-4997 Hearing Impaired-TDD : ............................................................................................................................................................877-902-0967 Mail Payments to: ......................................................................................Payment Center, PO Box 17313, Baltimore, MD 21297-1313 Mail Inquiries to: .............................................................................Cardmember Services, PO Box 5250, Carol Stream, IL 60197-5250 Online Account Management: ........................................................................................................................AccountCentralOnline.com EXHIBIT B CERTIFICATE OF PURCHASE PETER HUBER , 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: ROBERT LONG Original Creditor: HSBC CARD SERVICES III Account Number: 5458002206944581 3. On or about March 22, 2010 this account was sold by the creditor. CACH, LLC is the current owner of the account and purchased the account for good and valuable consideration. Date: MAY 2 5 2011 By: Vi/ Sworn and subscribed to before me this day of 2011. lJ Notary Public My Commission =xpires Carl 9;2012 10- BILL OF SALE HSBC CARD SERVICES (111) INC. (fikta HOUSEHOLD CARD SERVICES INC.) ("Selkx" ), for value received and pursunt to the terms and conditions of the Reetivableg Put+chaaa Agreernmtt ("Agreement") dated February 5.2010 between Sdhr and HSBC CARD SBI vrm (no INC. and CACH. LLC, ("Pwdm9e ), does hencby sell, assign and covey to Purchaser, its succemaor and assigns, all right, title and interest of Seller in and to those on Lain Purchaacd Receivables (as deed in the Agreement) listed on the attaalred Esc 'bit A [Soh Fife}, without recoune and witlwat vWcesentation of, or warramy of, celloca'bility, or other rise, except to the extent provided for within the Agreement. EXECUTED this 24'h day of March 2010 /l, HSBC C SERV CES (ID) IN C. By. Inumnn Name Title: Vice President Assistant Secretary HSBC BANK NEVADA N.A. By; I- Nanw: Susan Solomon T;tle: Senior Vice President ,?L;11 / AFFIDAVIT I am a Representative of HSBC Card Services, Formerly Metris Companies, Inc.,, (the "Seller") which owned the account of the customer(s) named below under the account number specified. The statements in this affidavit are based on the computerized and hard copy books and records of the Seller, maintained in the ordinary course of business, the entries having been made by a regularly operated business. The affiant is authorized to make the statements and representations herein. Customer(s): LONG, ROBERT Account Number: 5458002206944581 Sale Date: 03/17/2010 A computerized ending balance was maintained on the Seller's database. The end balance showing on the books and records of the Seller at the time of the assignment of the account to CACH, LLC was $4110.32. Dated this 15 day of October, 2010 AZAA A ( 11 A Ashley Oku Business Analyst State of Nevada County of Clark Signed and sworn to before me on this 15 day of October, 2010 by Ashley Oku. IA== NOTARY PUBLIC ELLIE CLARK Notary Public-State of Nevada APPT. NO, 08-105570-1 My APP. Expires May 23. 2014 EXHIBIT C k gill 1.02 :21 J a s?s Its all III s jai ; *mill ?. V s a ¦a??a.?a 41 ? i ?j . i i a a gig 9 s s i t I mF? i IX Y 1 ` flag s T? t? ? 2 its k t,? t a 30 V I 'I ? ? ?•? 3m sia 10 gs 1 411 A 80 31 J a 41 12 f j? 11A 1 11 fit t JA WIN fF'v .•,, ? ? ?s ? J ?a ? ? ? a ? i .. VERIFICATION I, PETER HUBER , 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 ROBERT LONG owes the balance of $4,110.32 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: Dated: MAY 2 5 2011 PETER HUBER Authorized Representative SHERIFF'S OFFICE OF CUMBERLAND COUNTY `- Ronny RAnderson F'c --I Sheriff of 4uu?b _ "C7rn Jody S Smith > Chief Deputy o Richard W Stewart -- Solicitor 4FFt . E ' , ? c : eR GF , f} ? ? Y: C_F! Cach, LLC Case Number vs. 2011-4927 Robert Long SHERIFF'S RETURN OF SERVICE 06/14/2011 08:00 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on June 14, 2011 at 2000 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Robert Long, by making known unto himself personally, at 819 Country Club Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. GERALD WORTH INGT DEPUTY SHERIFF COST: $43.00 June 15, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF . Ic;: c GoumySuite Shenti. Teixsoft Harrison Ross Byck, Esq., P.C. }'ONO TAB y Attorney I.D. No. 61511 1276 Veterans Highway, Suite E-1 ' S Bristol, PA 19007 1-888-275-6399// (215) 428-0666 ?UNIOEaLAND COU J NTY PENNSYLVANIA CACH, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff(s), ) NO: 11-4927 civil term vs. ) ROBERT LONG ) 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), ROBERT LONG, for failure to answer or otherwise respond to the Complaint in Civil Action. The Complaint was served upon the defendant(s) on June 14, 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) ROBERT LONG by regular United States mail, postage paid, on July 25, 2011, is attached hereto as Exhibit "B". Assess damages in the amount of $ 5,903.05 as follows: [a] $ 4110.32 principal being sought in the Complaint; [b] and $ 1492.73 interest being sought in the Complaint; [c] and reasonable attorney's fees of $ 300.00, or $ 0.00 per hour, [d] and Court Costs of $ 0.00, [e] and Costs of Service of $0.00. Date: August 26, 2011 By: '? yo Allan C. Smith, 11 . Attorney I.D. No. 204756 aM+AILI. 00 Qk.k 33738- R+? easy Ohu (Vlo? Ied SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith COW,,? of cul"bPt/g4,, Chief Deputy Richard W Stewart Solicitor OFFICE OF THE SHERIFF Cach, LLC vs. Case Number Robert Long 20114927 SHERIFF'S- RETURN-OR SERVICE 06/14/2011 08:00 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on June 14, 2011 at 2000 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Robert Long, by making known unto himself personally, at 819 Country Club Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $43.00 June 15, 2011 GERALD WORTHINGT DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (C) CoimrySuile Shenft, TeieosoR, Inc, Harrison Ross Byck, Esq., P.C. Attorney I.D. 61511 1276 Veterans Highway, Suite E-I Bristol, PA 19007 1-888-275-6399//(215)428-0666 Attorney for Plaintiff CACH, LLC vs. ROBERT LONG Plaintiff, Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 11-4927 civil term CERTIFICATE OF SERVICE OF NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT I, ALLAN C. SMITH, ESQ., of full age, certify that I mailed a copy of the annexed NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT upon defendant ROBERT LONG by United States mail, postage prepaid and certified mail, on July 25, 2011 at his/her last address of: 819 COUNTRY CLUB RD CAMP HILL, PA 17011 Date: August 26, 2011 By. Allan . Smi ,Esq. Attorney I.D. No. 204756 Harrison R. Byck, Esq., P.C. Attorney I.D. No. 61511 1276 Veterans Hwy-Suite E-1 Bristol, PA 19007 1-888-275-6399//(215)428-0666 Attorney for the Plaintiff CACH, LLC Plaintiff, VS. ROBERT LONG TO: ROBERT LONG 819 COUNTRY CLUB RD CAMP HILL, PA 17011 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 11-4927 CIVIL TERM NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CAN NOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 Dated: July 25, 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//(215)428-0666 Attorney for Plaintiff CACH, LLC vs. Plaintiff, ROBERT LONG Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 11-4927 civil term CERTIFICATION OF NON-MILITARY SERVICE I, ALLAN C. SMITH, ESQ. of full age, certifies as follows: 1. I am the plaintiffs attorney herein, and have sufficient knowledge of the facts and am fully authorized to make this Certification; 2. My information is that the defendant is ROBERT LONG. 3. Our latest information is that the defendant is employed at unknown. 4. To the best of my information and belief, the Defendant is not a member of the military services of the United States of its allies or otherwise within the provisions of the Soldiers' and Sailors' Relief Act of 1940, as amended, and as stated in the attached Department of Defense Manpower Data Center reports. 5. This certification is taken subject to the penalties of 18 PaCSA 4904 relating to unworn falsification to authorities. Date: August 26, 2011 B Allan . Smi , Esq. Attorney I.D. No. 204756 Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Aug-17-2011 12:57:26 -C Last First/Middle Begin Date Active Duty Status Active Duty End Date Service Name Agency LONG ROBERT 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). IA. vj0j,4._ f- Owt J-q fil?m_ Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.mil/faglpis/PC09SLDR.htrnl. 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 8/17/2011 Harrison Ross Byck, Esq., P.C. Attorney I.D. 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 ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, ) NO: 11-4927 civil term vs. ) ROBERT LONG ) Defendant(s). ) To: ROBERT LONG 819 COUNTRY CLUB RD CAMP HILL, PA 17011 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: l < lM lk By: C4010 X Judgment by Default - Money Judgment - Judgment in Replevin - Judgment for Possession - Judgment on Award of Arbitration - Judgment on Verdict - Judgment on Court Verdict If you have any questions concerning the above, please contact: ATTORNEY: HARRISON ROSS BYCK, Esquire at 215-428-0666 or 1-888-275-6399 PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 CACH, LLC 4340 S. Monaco Street, 2nd Floor Denver, Colorado 80237 vs. ROBERT LONG Plaintiff(s), : COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA c o Docket No.: 11-4927 civil term =-n its r n-° 'M CZ) C5 , cQ a. z 2 Q _3 Z pC O Cir" -4 ., cn C-n rr` 819 COUNTRY CLUB RD CAMP HILL, PA 17011 Defendant(s). TO THE PROTHONOTARY: ISSUE and INDEX WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania, (2) against ROBERT LONG Defendant(s); (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) '?Se?? psl kp?s Con s 40Lm? yes ask a ?. P ?d Pers (4) Amount Due Interest from TOTAL $ 5,903.05 O has .5o January 24, 2012 45.00 qa. oo t4. oo 01.50 PO A`n'n/ CBF ?r Plus costs. A11an C. mit , Esq. Attorney for Plaintiff(s) 180•0o - Po TTY (2.&T Due O •5o LL Cif 5(0?? #a710?1 Writ ?J? WRIT OF EXECUTION Special instructions for levy at business premises: SEIZE ALL CONTENTS OF EACH CASH REGISTER LAW FIRM OF ALLAN C. SMITH, ESQ., P.C. BRISTOL OFFICE CENTER 1276 VETERANS HIGHWAY, SUITE E-1 BRISTOL, PA 19007 PHONE: (888) 275-6399 FAX: (215) 428-0740 ALLAN C. SMITH, ESQ. P.C. BRISTOL OFFICE CENTER 1276 VETERANS HIGHWAY, SUITE E-1 BRISTOL, PA 19007 215-428-0666 / 888-275-6399 CACH, LLC COURT OF COMMON PLEAS 4340 S. Monaco Street, 2nd Floor CUMBERLAND COUNTY, PENNSYLVANIA Denver, Colorado 80237 Plaintiff(s), : V& ROBERT LONG 819 COUNTRY CLUB RD Docket No.: 11-4927 civil term CAMP HILL, PA 17011 Defendant(s). WAIVER OF WATCHMAN BY ORDER OF THE SHERIFF OF CUMBERLAND COUNTY COURTHOUSE - CARLISLE, PA 17013 n A z? ° a a? N A N r a a s 0 cn cn SIR: There will be placed in your hands for service a Writ of Execution, styled as follows; CACH, LLC, Plaintiff vs. ROBERT LONG, defendant(s), -urn; m a C3 -+v X (1) The defendant will be found at: 819 COUNTRY CLUB RD CAMP HILL, PA 17011 Alla C S ith, 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 LOCATED AT 819 COUNTRY CLUB RD CAMP HILL, PA 17011 (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 any loss, destruction or removal of any such property before sheriff's sale thereof. / Allan C, S ith, Esq. Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-4927 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CACH, LLC., Plaintiff (s) From ROBERT LONG, 819 Country Club Road, Camp Hill, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell all contents of each cash register at business and personal property . (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 $5,903.05 L.L. $.50 Interest Arty's Comm % Due Prothy $2.25 Atty Paid $180.00 Other Costs Plaintiff Paid Date: 2/15/12 David D. B ell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name ALLAN C. SMITH, ESQUIRE Address: LAW FIRM OF ALLAN C SMITH, ESQ, PC BRISTOL OFFICE CENTER 1276 VETERANS HIGHWAY, SUITE E-1 BRISTOL, PA 19007 Attorney for: PLAINTIFF Telephone: 888-275-6399 Supreme Court ID No. 2047561 SHERIFF'S OFFICE OF CUMBERLAND COUNTY 'ay R Anderson ,neriff Jody S Smith ¢ Chief Deputy Richard W Stewart Solicitor Cach, LLC Case Number vs. 2011-4927 Robert Long SHERIFF'S RETURN OF SERVICE 04/07/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquir} for the within named Defendant to wit: Robert Long, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Writ of Execution as "Not Found" at 819 Country Club Road, Camp Hill, PA 17011. Per current resident Akemi Tsubota Bingham, he/she has living at this address since June 2011. Per post office, defendant moved to 530 Ellencroft Road, Lewisberry, PA 17339 (York County). 04/18/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Defendant moved to York County. SHERIFF COST: $77.27 April 18, 2012 SO ANSWERS, 6z X-011a`?-- RON R ANDERSON, SHERIFF C= t=1 MIM ^7 ??,{+?r t'! - r- 70 ++ -orri W c:. :r _T1 C) c -r M :5? ? fee, :a.7s C-V lau4IS & al 404