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11-6759
C') N IN THE COURT OF COMMON PLEAS OF CUMBERLA5 p? ? COUNTY, r- ' (n C.n r"3 -<X PENNSYLVANIA < C) C3 r- X 77 CACH. LLC VS. NO: BRAD MILLS 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 et 3360 ?67s9 5 Harrison Ross Byck, Esq., P.C. 1276 Veterans Highway Suite- E-1 Bristol, PA 19007 1-888-275-6399/(215) 428-0666 Attorney for Plaintiff #61511 CACH,LLC 4340 SOUTH MONACO STREET 2ND FLOOR DENVER, CO 80237 Plaintiff, VS. BRAD MILLS 73 S HIGH ST NEWVILLE, PA 17241 To: BRAD MILLS 73 S HIGH ST NEWVILLE, PA 17241 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: COMPLAINT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served. By entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and the court without further notice may enter a judgment against you for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 AVISO Le han dernandado a usted en is corte. Si usted quiere defenderse de estas demandas expuestas en las pagins siguientes. Usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia excrita o en persons o con abogado y entregar o sus objecciones a las demandas en contra de su persona. Se avisado que si usted no se defiende. La corta tomara medidas y puede continuar la demada en contra suya sin previo Avisa o notificion. Ademas la corte puede decidie a favor del demandante y requiere que usted compla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedas o otros derechos imporrantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA 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 BRAD MILLS, avers the following: 1. Plaintiff, CACH, LLC, is a Colorado limited liability company doing business at 4340 South Monaco Street 2nd Floor, Denver, CO 80237. 2. Defendant, BRAD MILLS, is an individual residing at 73 S HIGH ST , NEWVILLE, PA 17241. 3. Defendant, BRAD MILLS, is indebted to METRIS on an account stated by and between them in the amount of $2,685.66 which balance was due and unpaid as of March 31, 2010, for credit card account number 5458001514064264. <Exhibit A> 4. On or about April 23, 2010, METRIS sold the debt for good and valuable consideration to plaintiff, CACH, LLC <Exhibit B> 5. The Defendant, Brad Mills, last tendered a payment on July 29, 2009. 6. A copy of the credit card agreement is attached hereto. <Exhibit C> 7. Plaintiff is entitled to charge-off account finance charges of $0.00. <Exhibit A> 8. Plaintiff is entitled to pre-litigation charge-off interest of $2.2067 per day from the default date 29.990% annual percentage rate x $2,685.66 / 365 days) or $2.2067 x 482 days = $1,063.61; which is accrued interest through the date of filing. <Exhibit A> Plus an award of late fees 0.00, court costs $192.00 and reasonable attorneys fees of $300.00 as stated in the Cardholder Agreement attached hereto as <Exhibit C>. 9. The defendant, being indebted to the plaintiff in the sum of $4,241.27 upon the account stated by and between them did promise to pay said sums upon demand. Demand has been made for payment of $4,241.27 and the defendant has failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendant for $4,241.27 together with other interest and costs of suit. Date: August 18, 2011 EXHIBIT A DIRECTMERCHANTS BMOC Am" Slate wd V 3 t/ Ac=rA Number 5456 0015 1406 4264 REcr ERaWM NK' FeWuwy 16, 2D101o Muds 19. 2010 Papa 1 of 1 PwAm satenoa $2,61a.10 C400 Ltmt $2.040.OD Prymenls - $0.00 Cm& Avapble $0.00 OOwr C eft $000 Cath LInha V 5510.00 PurduaesAehb r $0.00 Cash Ava9abb $0.00 Cash Advnnes t $000 swi merd Closthg Date 03110!2010 Pass Due Amount $567.00 Days In Bttrlp Cycle 31 FwaCharped r $0.00 Kash Lana is a portion of Taal Credit Lank Minh-an PWWMK Duo $662.00 Payment Duo Die 04I1312010 Lap F"Wevot Wan*%: N we do nol lecoiYe your minknum Prymrd by ft dap Wed above, you may have m pay • 539.00 tete fee end your APRs may be kwseased up lo dw Penally APR of 29.99%. minilwp PaymrM Wominp: D You nwo only the nanimam psymenl each prod. you will pay "we in Interest end a Will Inks you ialpar 10 pay M -.....r...... r....... . If you nuke no addWm¦I You VA pry oa Ir And yw will and up I g uakg MW cord and balsnc?e shown on this paying an eelkrrted each month you pay... shOwnent in about... teal of Only on ni *m n prom m 10 Yaere $6921.00 $114.00 3Yms $4104.00 17.00 n 7wu wau - mPrnwcm aoas aeC. cunserg servos. cos 1.8662 -2277. NPORTANT11INFORKATIMMOMM -- YOIIR? ACCOUNT 13 CURRENTL O3D. As a remboder, you msy pay your oradt coN bW c mites - w....+......,- - d...., r - - Qllaslbw7 PaysnrO Addreae: Payrmrll Cesar, PO 8aa 17313, BaYYnors, MD 21!97.1313 Cutommor 3wv Losuslllan Card. 9004M79w p-a790 :CardmraWr SsMws,PO8r15200, Carol atraam,LL 0uWdo LISA Coled: 94M.M749I7 Mange Yewr account onihr et ww.AOeoudCebatOnlins.egn TDD/HOWN knp., : In4002-0I67 WnME.S.TAC4 QE"aYINTION.S four Annual Pwmdmye PAW (APR) Is ft annual irdered raft on your socials fy" of Bathes Aeewl Pwcwds" Rab (APR) Bslame Subject to Into t Rate Interest Cher" 'ladlSas 29.99%jv) $2.650.87 $67.50 :ash Advanlaes 29.99%(v) $0.00 $0.00 V) = Variable 5961 DOH 1 7 12 100315 0 Ell PAGE 1 d 1 1 0 WN 15M TV$ OICRS091 DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT SEEREVEREEapE FOR WPORTAM mFOMMTION N. ANN" co Pear NwMeR PINNG dent er hoe and Crew your rrw M mvftn an reverse mile ....................................................................... ikkm -To avoid addWonst We andbr owAnlb i AewuR Nuber. 04Sa 1101514K 4264 RECTMERU-AWI5 tees. YOU must pq S740 as Nee Ba na f2 640.6{ (wAMh Yldudn tlls Mkdmum Prymarhl Due MInlmum Payment Due SaR.00• i ant any Pact Due andrbr Ovsrtnll PaylnoB Dw Dap 003=10 i Arrhorhb) .......... ........................ _.......... _................. _...i Include account rw vw on Mak 10 HBBCCard Sarvms. Do nc and cosh. P"m sand you paymsd 710 10 days Poor lo the payment due dap to enema tknaly delmy. AMOUNT ED s????????? BRAD MO.LS 24 73 S HIGH ST NEINVILLE PA 17241-1405 PAYMENT CENTER IlllllllldrlMlllyllllllllldr"I"IlllllllrlR'I11111111'lll'll PO BOX 17313 BALTIMORE MD 21297.1313 r'B'111hNAhllpl.lulllrullhPrlulllllhlllllydrrihirl S45800151406426400066200002685663_ II WM201a'.T5fi k;YQ to Deli's ToW Feasdtarged in 2070 $0.00 TOW Interest dwgod In 2010 $195.41 What To Do H You Think Ya Find a Mistake a Your Statements II you think mere is an emu on your statement write to as on a separate skeet of payer at the bilhpirwgnitbesaddress isbden thtfrenlof this Wahp slatement. In yaw teller, giveus desolbwi g InlamaNou: • AamuelUlarrnaldan.•Yaunamsandaocoauruwrber. • DoWamouer:Thedebt anoumofthesuspaaaderra. • Dnc*gwafPrObkm.,NyougftgaebeneneronyowbM,ddatbewhatyou balm is wrong and wtyyou behove d's a mslaka. You mustconYctwawither 60daysafter theerra appearedon your statement. You must noW us of say pebntial errors in writing. You mayal us, butt you dowe are red required to inrestip le any potential arm and you may have to pay the amamtingastion. Wfhile wen imnetlpabweeThera mat Nweha belmen ens, tlefelpwing ue true: • Weansottryto cowTihsamoedinquasdon,orrepatyou asdotnquentonthat unewd • The charge in question may ransin on you statement and vie may coodiate to Marge you Interest on that amount. Bat, N we determine gel vie made a mistake, you will not have to pay the amount In question or am Interest or other tees tabled loshaamount • While you do not been to pay The amount in questim you we responsible for the mmaindes at your Wastes. • WeanappymgwgmidamamtogdWyourcr4timiL YarRights lYouAmDlwsWI@dWithYourCredil Gard Porda ss It you are dissatislied while the goads or services MKyou have purd=W with yes aaditard,ad you have bled in goodtallh bconecithe problem with the medant you mayhave she rghtnWb pay the remakrkg amountdueon thepurMsse. To use this right all of ffetolowingmust betne: 1. Thspadawmust haw bso nmade in your home Slab or within 100 miles of your current mailing address, and the pwdm price mud have bash more tlan SW (NOW.. NOM of tease are necessary It your pradraw was based an an advertisement we moiled toyou, OF twe own the company t atsdd youthe goods of services.) 2. You must have used your Credit Cord IN Tic P e9 dose. Pwdwn made with ask advances from an AIM or with a dads The accesses your credit cad mount de matguetify. 3. You must not yet how holy paid fa the purchase. If all of the criteria above are met and you are still diss>hafld with Ia purchase. contact us in writ at the bN&V inquiries address an the front of this biding sobmod. Whib we Investipals, the same rubs apply to the disposed amount as distarssed above. Alter we finish ea im atigadorr, we will b1 you out decision. At that point, il we think you amanamount atlyou do not pay we may report you as delispark, Have to Amid "is letareat on Pembina (Grow Periods on Credit Cord Pasl mwsN Periodic Interest Charges begin to accrue on On dab of In transaction and continua to accrue ati ynsr balance Is paid in fug. ftowever. H you pry your anske New Bolance slawn by Me Payment Due Date in the previous math, you an pay your current moeah's New Balance by the Payment Dire Date without being assessed an interest Charge onyourp echows. Paying latsreat on Ober Trawcsns (Ns Grew Period on other Transaction): Thee is no Orece Period for aMer hasbcooa including ash advances, balance senators, and credit ad checks. Periodic lataest pteryne begin to to rue on do date allies trasacton,and corainuetoacciseunM payment in tug scredited to you Aocowl. Hear We Coloslate tetered fmrges: vie calculate to periodic Interest Charge an yaw Account by mallpht eg Ben appliabte Daly Periodic Rik by the Average Oily Bosun ter each calagory of tea a ctlors shown as your Mkq statement (e.g., pordosa, balance transient, ash advances); Te resift are tan mWdphkd by the member at days it gee Wing cycle. You can determine you Doily Periodic Rib by dMelp TeAPR by365. DetemNning the Daily Bolada: We Take Te beginning balance foreach Category of transactions each day, add any new transactions, any previous days periodtc Interest Charges, anyasassedteaandcharges, andsubtendaypayments a yof create. IT your Aammts stabled toa Wm period dealing to hiring v1da, payments nude durkg that cycle will be sularKled from all Daily Balances In The current cycle. It a transaction for a retuned payment or a die" resolved in our favor pools alter the beginning of the bilfirup cycle, the applicable Daly 0 1 "(e) ad arty relaW mtereN purge calculations; will be adjusted retrose" to Intlude ire transaction amounts at The date at The engial transaction. O701o c&d s9r*M dG Calculating the Balance lteb(ed to Interest Rate: For each transaction category, we add all the Daily Balm= for the NOD cycle together and divide the total by the number at days In Te billing cycle. This Is Me Average Daily Balance (including now purolnaes)method. Manuel Porceatega Rate: It your Account has a wriabbrab. you AaxW Aerconsage Rob may vary. Peaty APR: Your APRs may increaon to The Panty APR If you fail to male a minimum payment to us when due. If your Account becomes subject to the Penalty APR, we will provideadvatrceatlabefaether e o Porm yAPRgoneinbeTed. tyou make the nest sic caseative minimum psynrnb once Tee Penalty APR gone into effect, you haletw ilretera bthanonjenahAPRsappliaW teyourAtcouaL T you donot make lira sbiootsaahtive minimum payments, we may keep the Porosity APR onyourAOco ntIrdeTNtey. Foreign Transaction Fen. A 3% Foreign Transaction Fee will be assessed on the U.S. dole amount on bansectlaa made instoraprtarrenty. Card Row wil Annual Fee: An Annual Fee may apply to yaw Account. T your Annual In is tilled annually, you an avold paying Me he t you all and dose your Account wift 30 days of being blind. You may continue to use year Card during the 30 day period vAthoutpft the IN. if yow In is billed monthly, whenyou ail and doseyour ACCOehat den to Te Annual Fee dirge, Till month's fa will be credited back to your Account. Abel Yar Payment You agree to payat Widths Minimum Payment Due in time to be credited to your Account as at ins Payment Due Dab. YOU may pay more Tun the Mirdmawn Payment Due, adyou may paydraeraft Now Bokarom atay lime. Payments shodd ha n aftyriM a sinpbcoeyen logo paymen taddrew shohwe ae the from of this billing statement. Paymeab must be made by a single check or many order payable in U.S. dolts and drawn an a U.S. Instbhtdn. Payments may also be made using our options! payment by phone or ostie saviors using In phone number or Mb address Isted on On front of Ills Willing obbnem. Payments r P r ' - 'at the paymwct address, submitted by phone or submitted aline by 5:00 pm., on any day, will be as" to you Account as of the data at receipt; otherwise payment will be credited an of the nod day. A processing in may apply to agent asNNW phone paymade. Craditkg payments to your Account may be dshayed up to five days H the payment is not made as described above, or, Is not mailed to and roweved at The address provided far remittance; le not accompanied by the payrrum coupon; is received in an ervebpe other than ft elwdow provided to remillance; is stapled. Idded, a papa dipped; or Includes mddple payment coupons or dads. Requests to credit t o once relumb skald be malted to the inquiry address shown on the front of your billing statement. By sending an a shaedfer psymos l an yourAssoaat, yaw aatkalae as to main a we lima ebdrmie tads banter (EFT) from your hat wea it a to process the payment no a check I aadia, Who we no sdamation from your sled In make an EFT, funds may bewilhdrewn from yaw account asam as the some day we ream your payment, and you will not receive your died back from your financial institution. If you do not want your Mocks to be converted to an EFT, planes aI customer service at Our phonensmber on the back of your ad. Payment by phow: YAW you use our oplorel payment by trtene Sonia, you authake us to nMebe an ebcraic funds transfer from your daigeabd bank account or to process No payment as a deck trasaclon. You must authorize 1IR amount need liming of aMh payment. Photon retain ftaulhoriatim for yaw retards. Hama kngahnd: ff yet as heeill impoked. ail Ts'- unlagons Devices to the Owl(TOO/TTY) atlas phanenumba NNW On thefrOra of ads bilklo$U%memL It egathw Credit Was RoWIM: We mayreW intaroadwn aboulyou Aceouette credit bureaus. Lab payments. taloned payments, or other dehulle on your Account may be reflected in your credit report It eery speak Hamadan rdM is your Account transactions or aedil akpaiaa witln usis Nacarrab, you may nits and request us to comed it* Inaaura s information (aft cw&= Ion of de alleged error) reported Is ahoy credit reporting agency by willing to us at P.O. Bit 5253, Carol Strea x.11.601197-5253. CON Colbed": We we required by taw, IT applicable, to notify you that we are attempting to sled a debt and any krfomi adou obtained whN to used for Tat purpose. OICR5994 . 1 . 0tr21110 To ensure accuracy, please print neatly using uppercase letters and numbers only! K you'vefilled in a new address and/or photo number, be sure to chock: the box on tent reveres side of this paytnsett coupon. Change of address Corm. s"N NWWW N rM Sa99r n? d rot wdr'PO pot tang M PO e9. wea9. ®? cony Md. Do m ?Zm bow 9err MWft ®_ ?®--? ®_ ??a-CCU 111 /111H [it] DIRECT MERCHANTS BANK Account Statement _ ,( D Account Number 5458 0015 1406 4264 DIRE MERCHANTS BANK' February 16, 2010 to March 19, 2010 -- ----- - Page 1 of 1 Previous Balance $2,618.16 -rad Limit 3,,J4U.JJ Payments - $0.00 Credit Available $0.00 Other Credits - $0.00 Cash Limit V $510.00 Purchases/Debits + $0.00 Cash Available $0.00 Cash Advances + $0.00 Statement Closing Date 03/1912010 Past Due Amount $567.00 Days in Billing Cycle 31 Fees Charged + $0.00 Interest Charged + $67.50 New Balance $2,685.66 Cash Limit is a portion of Total Credit Limit YOUR ACCOUNT IS CURRENTLY CLOSED. As a reminder, you may pay your credit card bill online or through our automated phone system for no fee. New Balance $2,685.66 Minimum Payment Due $662.00 Payment Due Date 0411312010 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a $39.00 late fee and your APRs may be increased up to the Penalty APR of 29.99%. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay ne vm,r hale.- Fnr examnlw- 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 16 Years $6921.00 $114.00 3Years $4104.00 (Savings-$2817,00) If you would like information about credit counseling services, call 1-866-569-2227. Questions? Payment Address: Payment Center, PO Box 17313, Baltimore, MD 21297-1313 Customer Service: 800-379-7999 Billing Inquiries: Cardmember Services, PO Box 8250, Carol Stream, IL LostlStolen Card: 800-379-7999 90197-5250 Outside USA Collect: 904-9974997 Manage Your account online at www.AccountContralOnline.com TDD/Hearing Impaired: 877-902-0967 Your Annual Percentage Rate (APR) is the annual interest rate on your account rype, of Balance Annual Percentage Rate (APR) Balance Subject to Interest Rate Interest Charge purchase 29.99%(v) $2,650.67 $67.50 mash Advances 29.99%(v) $0.00 $0.00 v) = Variable 5994 DOH 1 7 12 100319 0 E X PAGE i of 1 1 0 8800 1500 T325 OI CR5994 DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT SEE REVERSESIDE FOR IMPORTANT INFORMATION DIRECT ERgiAN15 ANKe - ---- - -- - ---- - ---- ---- --- ---- ---- --- -- - -- 'To avoid additional late and/or overlimit Account Number. 5458 0015 1406 4264 fees, you must pay $740.68 New Balance $2,886.88 (which includes the Minimum Payment Due Minimum Paym int Due $882.00 and any Past Due and/or Overlimit Payment Due Date 0411312010 i Amounts). ? - ------ -`- - - ---------------- .._....._ ---------.-_ Include account number on check to HSBC Card Services. Do not send cash. Please send your payment 7 to 10 days prior to the payment due date to ensure timely delivery. AMOUNT El ? ?? ???.?? ENCLOSED $ BRAD MILLS 24 73 S HIGH ST NEWVILLE PA 17241-1405 PAYMENTCENTER Illllllllrlrlnlll'1111111111111rr1"Illlllllrlr'lllllllll'lll'll PO BOX 17313 BALTIMORE MD 21297-1313 rrIr11141111h11pIruII11r11111111rudIInIIPl0-11-11111rl ? New Address or Phone Number! Please check the box and enter your new information on reverse side 545800151406426400066200002685663 Total Fees charged in 2010 $0.00 Total Interest charged in 2010 $195.41 What To Do if 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: • Accountinformadon:Your name and account number. • Dollaramount The dollar amount of the suspected error. • Descripfion otProblem: Ifyou think there is an error on your bill, describe whatyou believe is wrong and whyyou 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 callus, but if you do we are not required to investigate any potential errors and you may have to pay the amount in 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 report you as delinquent 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 that amount. • While you do not have to pay the amount in question, you are responsible for the remainder of your balance. • Wecan apply any unpaid amount against your credit limit. Your Rights N You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the 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 orservices.) 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 notqualify. 3. You must not yethave 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, t 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 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 to your 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 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 Se races 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 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-pemdlty APRs applicable to your Account. If you do not make these sec 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 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 Date. You may pay more than the Minimum Payment Due, and you may pay the entire New Balanceat any time. Payments should be mailed with a single coupon to the paymentaddress 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 ofyour 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 youraccount as soon as the same day we receive your payment, and you will not receive your check backtrom 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 instate an electronicfunds transfer from your designated bankaccount 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 (TD D/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. OICR5994.1 -01121110 To ensure accuracy, please print neatly using uppercase letters and numbers only! H you've filled In a new address and/or phone number, be sure to check the box on the rwsrse side of this payment coupon. Change of address form. Street Number (it any) Shell Name a the mrds'PO B??oe ITTI'' '' Unit or PO Box Number II m? FEET] E111 ®m city slate 21p I ?m?m=???a]?? EU ?mm Email Address ?m?m??F]?®®® Hans Ph.. (Primary) wank Phcna (P,lm ry) ?=/=?-??® ???/®-m?? Mobile Phone Work Phone (Secondary) f °iIe Account Number New Balance Minimum Payment Due Payment Due Data Amount Enclosed 5458 0015 1406 4 54,083.75 sl45.ocr oeti4Yl009 ?????-?? 'To avoid additional late and/or ovedimit fees, you must pay $145.00 (which includes the Minimum Payment Due and any Past Due and/or Overliimit Amounts). ? Do we have your carent ' willio0 and email address? Make cheek payable to: HSBC Card Services Pieria and and provide on the reverse aide. Send Payment To: BRAD MILLS 24 73 S HIGH ST PAYMENTCENTER NEWVILLE PA 17241-1405 PO BOX 17313 '11111"III"IIIIIIII"II"1111111'll"I'I'11111'11111111'll"II, BALTIMORE MD 21297-1313 ' 'III ' 1 1 1 1 1 '' 'I'II ' I I I I I I' I I' I I I I I' I I I I I I I I I' I I I I I ?' I I' I I' I 'III' I 545800151406426400034500002083758 DeI A and Wood this top poraon in en antlosad - -v.rop.. Be sure Be Payment Center address slows in the envelope window. IRECf ERC HANTS ZiK Pay your bill anytime at AccouniCentralOnline.eom Secure Registration at: accounteentralonline.com. Tract spending, pay your bill and update personal information online with Account Access. Share your card benefits with your family! There are a IN of good reasons to give your whole famiy the convenience of additional credit cards. And hare's another - you can get more cards for your account at no extra cost To order additional cards call 14800-379-7999 or log on to ACCOUNTCENTRALONUNE.COM 11111, YOUR HSBC ACCOUNT SUMMARY Statement Date .....................................July 20, 2009 Account Number ..................... .5458 00151406 4264 Total Credit Urnit ..................... ....................52.040.110 Total Available Credit ...................................: $43.00 Cash Advance Credit Limit ...... ......................$510.00 Cash Advance Available Credit .........................$0.00 Minimum Payment Due ........... ......................$145.00 Payment Due Data ............. .. AWust 14. 2009 Past Due Amount ................ ..... ............ ...._...... 509.00 Overtime Amount ................... .........................$43.75 'To avoid additional We and/or ovedime feet, you must pay $145.00 (which includes the Minimum Payment Due and arty Past Due and/or Ovedimit Amounts). YOUR BALANCE DETAILS Previous Balance ............................... ......... $2,040.35 Purchases .......................................... ........... +S18.38 Cash Advances ................. ................ .............. - 50.00 Payments d Other Credits ............... ............ - $69.00 Fees/Other .......................................... ............ $39.00 Finance Charges ................................ ............+ $55,02 New Balance ............................................... $2.083.75 Noeca: Sea reverse side for Important Information. 011. YOUR REWARDS YOUR TRANSACTIONS PAYMENTS a CREDITS Trans. Post Reference A Date Date Description Credits + Charges () () 05128 06126 8545OWSK012YHTZA PAYMENT- THANK YOU TULSA OK $69.00 5804 T7G 1 7 12 090720 0 X PAGE f of 3 1 0 Woo 1500 T097 01BN5994 z o_ N Q Er 0 L6 z u Q H z 0 0 0 0 $m d a e v` n 0 0 v N fV y o? a E Z G 0 a E M • G m ? 0 Y a Z s 0 n ? v < e ? - E e ? > r 1 #a .x ,.AI g ? s a -a I ' e g E .? lilt It, E In, scog ???OOOOOL? .5 7 JAS ? ? °ba . N 3 .8 1 1. 1? s4 aa?n . it, Ell 11 11 111114 f! -0 E 25 ? r 77 - I I Ills ye 6E Y•p -C A V's i YOUR TRANSACTION S (continued) PURCHASES,CASH ADVANCES, & FEES Trans. Post Reference 8 Description () Credits (+) Charges Date Date 07/20 07120 ACCOUNT PROTECTION PLUS $18.38 07112 07112 LATE FEE $39.00 07120 07120 'FINANCE CHARGE' PURCHASES $55.02 CASH ADVANCE $0.00 $55.02 IMPORTANT ACCOUNT INFORMATION YOUR ACCOUNT IS PAST DUE. IF YOU HAVE ALREADY MAILED YOUR PAYMENT, PLEASE DISREGARD. IF YOU HAVEN'T SENT YOUR PAYMENT, PLEASE PAY THE AMOUNT DUE TO AVOID POTENTIAL DAMAGE TO YOUR CREDIT. YOUR FINANCE CHARGES Average Daily Daily Days in FINANCE ANNUAL NOMINAL ANNUAL Balance Periodic Rate Billing Cycle CHARGES PERCENTAGERATE PERCENTAGERATE Purchases $2,029.54 0.0821596(v) 33 $55.02 29.9996 29.9996(v) Cash Advances $0.00 0.0821596(v) 33 $0.00 29.99% 29.9996(v) PERIODICRATE(S) MAY VARY. (v) indicates variable rate. HOW TO REACH US Cardmember Service Center . ..................................................................................................................................................800-3M7 9 Pay by Ph": ............................... ...................................................................................................................................... 877-2 PAY-CARD Pay by Phone outside the U.S. (Call Collect} ......................................................... ................ .............................................. 9W-997 4997 Hearing lmpo*W-TDD : .......................................................... ................. .......................................................................... ..877-902-0987 Mail Payments to : ......................................................................................Payment Center, PO Box 17313, Baltimore, MD 21297.1313 Mail Inquires to: ................ ........................................................ ...Cardmember Services. PO Box 5250, Carol Steam, 8.80197-5250 Online Account Management : ....................................................................................... ................................. AeaountCertralOnline.com Account Number New Balance Minimum Payment Due Payment Due Date Amount Enclosed 5458 0015 1406 4264 $2,083.75 $145.00' 08/14/2009 $??[:]E] 'To avoid additional late and/or overlimit fees, you must pay $145.00 (which includes the Minimum Payment Due and any Past Due and/or Overlimit Amounts). Make check payable to: HSBC Card Services ? Do we have your current mailing and email address? Please check and provide on the reverse side. Send Payment To: BRAD MILLS 24 73 S HIGH ST PAYMENT CENTER NEVWILLE PA 17241-1405 PO BOX 17313 X11111"III"11111111"II"1111111'll"I'I'11111'11111111i11i11, BALTIMORE MD 21297-1313 11111'11111"'1'11'111111'11'11111'111111111'111111'11'11'1'11111 545800151406426400014500002083758 Detach and Insert this top portion in the enclosed envelope. Be sure the Payment Center address shows in the envelope window. DIRECT ERCHANTS BANK® Secure Registration at: accountcentralonl ine.com. Track spending, pay your bill and update personal information online with Account Access. Share your card benefits with your family! There are a lot of good reasons to give your whole family the convenience of additional credit cards. And here's another - you can get more cards for your account at no extra cost. To order additional cards call 1-800-379-7999 or log on to ACCOUNTCENTRALONLINE.COM Pay your bill anytime at AccountCentralOnline.com 01110, YOUR HSBC ACCOUNT SUMMARY Statement Date ....................... .............July 20, 2009 Account Number ..................... 5458 0015 1406 4264 Total Credit Limit ..................... ...................$2,040.00 Total Available Credit ............ ........................ $43.00 Cash Advance Credit Limit ...... ......................$510.00 Cash Advance Available Credit .........................$0.00 Minimum Payment Due .......... ......................$145.00 ' Payment Due Date ................... ........August 14, 2009 Past Due Amount .................... ........................$69.00 Overlimit Amount ................... ........................$43.75 'To avoid additional late and/or overlimit fees, you must pay $145.00 (which includes the Minimum Payment Due and any Past Due and/or Overimit Amounts). YOUR BALANCEDETAILS Previous Balance .............................. ......... $2,040.35 Purchases ......................................... ............+ $18.38 Cash Advances ................................ ..............+ $0.00 Payments 8 Other Credits ............... ............ - $69.00 Fees/Other ......................................... ............+ $39.00 Finance Charges ............................... ............+ $55.02 New Balance ..................................... ......... $2,083.75 Notice: See reverse side for important information. 00. YOUR REWARDS YOUR TRANSACTIONS PAYMENTS & CREDITS Trans. Post Reference # Date Date Descri lion p (-) Credits (+) Charges 06/28 06/28 85458005KO12YHTZA PAYMENT- THANK YOU TULSA OK $69.00 5994 T7G 1 7 12 090720 0 X PAGE 1 of 3 1 0 8800 1500 T097 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 rr?? (area code) State Zip Code Your Business Phone Number (area code) Print Email Address' Email address is optional. Vole will communicate with you via email regarding your account and occasionally send you special offers from our internal and external marketing partners. If you previously opted out from receiving annals, 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 U. S. 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, yon 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 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 your Account. 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 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 posts 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 he 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 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 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 lust 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 remaining amount due on the goods or services. This 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 your mailing address. If we own or operate the merchant or if we trailed 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 l BN5994 - 11 - 02111i2008 YOUR TRANSACTIONS(continued) PURCHASES,CASH ADVANCES, & FEES Trans. Post Reference # Description () Credits (+) Charges Date Date 07/20 07/20 ACCOUNT PROTECTION PLUS $18.38 07/12 07/12 LATE FEE $39.00 07/20 07/20 `FINANCE CHARGE' PURCHASES $55.02 CASH ADVANCE $0.00 $55.02 1110. IMPORTANT ACCOUNT INFORMATION YOUR ACCOUNT IS PAST DUE. IF YOU HAVE ALREADY MAILED YOUR PAYMENT, PLEASE DISREGARD. IF YOU HAVEN'T SENT YOUR PAYMENT, PLEASE PAY THE AMOUNT DUE TO AVOID POTENTIAL DAMAGE TO YOUR CREDIT. YOUR FINANCE CHARGES Average Daily Daily Days in FINANCE ANNUAL NOMINAL ANNUAL Balance Periodic Rate Billing Cycle CHARGES PERCENTAGERATE PERCENTAGERATE Purchases $2,029.54 0.08215%(v) 33 $55.02 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. 000, 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) : ......................................................................................................................904-997-4997 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 6260, Carol Stream, IL 60197-5250 Online Account Management: ........................................................................................................................AccountCentralOnllne.com EXHIBIT B CERTIFICATE OF PURCHASE I, TOM VIGIL , hereby depose and state that: 1. 1 am an Authorized Agent of CACH, LLC, a Colorado Limited Liability Company. 2, As such, I am authorized to give this Certificate, and possess sufficient personal knowledge to do so regarding: Customer Name: BRAD MILLS Original Creditor: HSBC CARD SERVICES III INC Account Number: 5458001514064264 3. On or about April 23, 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. AUG Z Z-4 l Sworn and subscribed to before Date: By: "AS 2011. 4 ?IC?N me this day of Notary Pu c BILL OP SAL$ HSOC CARD SERVICES (iE) INC. (EW@ HOUSEHOLD CARD SERVICES IW.) (""Seller"). for value received and PWWAMA to dretam =4 cmdidcpsoftho Rooeiwables Puxdmss Agm mcni t'Jgeemcd ") dam Febrwery 5, 30I O between Seller and HSBC CAS Sit r)S (M) iNC. and CACH. LLC, f ` urchawrl, mss hmsby sell assign aWwn,rey !v Pumhow, its mwassor and amigrs, all riglrt, tille and iWerest of Seller in and to donee certain Purchased Receivables (as defined ic the A rncnt) UwW on Urn srtaebed Exldbii A (Selo Me) wrthow rmouric ead wiWnut acpreedrte?on Of, or wamu* of, collecdbifily, orcdowie, except to The mteM provided for within The Aunt, E,7 BCUTED this :Z dafr of Apail 2010 HSBC CR SEI ' ES (III) INC. or?, bfm Satan SWoroon Iritte, V' HST BA NEAR N.A. By. Name: Susan , - - - litle: Senior Vice hmx' lrnt LH 514Q„I ?G3?h w EXHIBIT C Cardmember Agreement and Disclosure Statement AG3105 (11/10) C? This document and accompanying Additional Disclosure Statement make up your Cardmember Agreement and Disclosure Statement and throughout this document are referred to as the "Cardmember Agreement" or "Agreement." The Additional Disclosure Statement contains important Account information including your Annual Percentage Rates ("APRs") and the amount of any fees. Please take the time to familiarize yourself with your Agreement and retain it for future reference. Thank you for being an HSBC Cardmember. We appreciate your business. AGREEMENT TO TERMS AND DEFINITIONS This Cardmember Agreement and Additional Disclosure Statement as presently set forth, and as they may be amended, govern the open end line of credit we have established for you (your "Account"). We refer to these documents jointly as your "Cardmember Agreement" or "Agreement". "You" and "your" refer to all persons who applied for the Account or are contractually liable through any other means. "We," "us," and "our" refer to HSBC Bank USA, N.A. "Card" means any credit card, your assigned Account number and any other access devices issued under this Agreement. "Network" means Visa International, MasterCard International Incorporated, Discover Financial Services LLC, American Express or other governing credit card network, as applicable. You and we are bound by this Agreement from the earlier of the time you receive it or from the date of the first transaction, including, without limitation, the placement or posting of any Annual Fee or Periodic Membership Fee on your Account. You may close your Account before using it without paying any Annual Fee, or Periodic Membership Fee if applicable to your Account, when you call us within 90 days of your Account open date at the customer service number on the back of your Card. USING YOUR ACCOUNT Account Use Restrictions You agree to use your Account only for personal, family, household, or charitable purposes. You agree not to use your Account to make payments to us or to any of our affiliates. You agree to use your Account only for valid and lawful purposes. If your Account is used for any other purposes, you are responsible for such use and may be required to reimburse us and the Network for all resulting amounts and expenses. You are not authorized to use your Account for any internet gambling transactions, even if otherwise lawful and enforceable. Types of Account Transactions You can access your Account using your Card or by other means approved by us to make purchases, receive cash advances, or make balance transfers. We may limit the dollar amount and/or frequency of any type of transaction without notice to you. Additional Cards You may request additional Cards on your Account for yourself or others and you may permit authorized users to have access to the Card or Account number. You are personally responsible for each use of each Card issued on your Account according to the terms of this Agreement. If you permit authorized users to have access to your Account, you must pay us for all charges incurred by those persons, including charges for which you may not have intended to be responsible. You must notify us to revoke an authorized user's permission to use your Account. If you do so, we may close your Account and issue a new Card or Cards with a different Account number. You are responsible to recover from that authorized user and destroy any Cards, checks and other devices that can be used as a means of accessing your Account. Your Credit Credit Limit The Card must be signed to be used. Whether you sign the Card or not, you are fully responsible for complying with all the terms of this Agreement. We will advise you of the total credit limit on your Account when we first send you your Card. All or a portion of your total credit limit is available for cash advances. Your total credit limit and cash advance limit may change from time to time. We will notify you of any such changes through your billing statement or by sending you a separate notice. If no separate cash advance limit is listed on your billing statement, then the amount of your credit limit available for cash advances is your total credit limit. You agree not to allow your unpaid balance (including Interest Charges and other charges) to exceed your total credit limit. We may elect not to extend credit if you have exceeded your total credit limit or if the amount requested would cause you to exceed your total credit limit. If you exceed your total credit limit, you agree to pay us that excess amount immediately. Your available credit may not reflect your payments for up to 14 days. For Secured Card Accounts Only Your credit limit may be less than the amount deposited in your HSBC Bank Deposit Account which secures this Account An increase in your credit limit may be requested at any time, but such increase may be conditioned, at our sole discretion, on additional deposits to your Deposit Account. Any such additional deposits or accumulated interest in your Deposit Account will likewise be subject to this Agreement. Credit Authorizations Some transactions may require our prior authorization and you may be asked by the merchant to provide identification. We may not be able to authorize a transaction, even if you have sufficient available credit. We may refuse to authorize any transactions at our sole discretion. We will not be liable to you if any of these events happen. We are not responsible for refusal or failure by any merchant to accept or honor your Card, or if a transaction cannot be completed for technical or other reasons. PAYMENT Promise to Pay You promise to pay according to the terms of this Agreement for all: (a) credit we extend on your Account; (b) Interest Charges, and other fees and charges; and (c) collection costs and attorneys' fees to the extent permitted by applicable law. If your Account is a joint Account, each joint Accountholder is jointly and individually responsible for all amounts due under this Agreement regardless of death, divorce, other legal proceedings or any agreement that may affect liability between you. If any joint Accountholder requests to not be liable for future transactions, we may close the Account. Payment Each periodic billing statement you receive from us will identify a Minimum Payment Due. The Minimum Payment Due calculation is disclosed on the Additional Disclosure Statement. Recurring Transactions If you authorize a third party to bill charges on a recurring basis to your Account, we may (but are not required to) provide such third party with your current Account status, Account number and/or expiration date to permit that parry to continue billing your Account. We may take such steps even if your Account number changes or if we issue a renewal or replacement Card. To withdraw authorization for a recurring charge in such a case, you must notify the third party. If you default, if a Card is lost or stolen, or if we change your Account or Account number for any reason, we may refuse or suspend recurring charges; in such case you will be responsible for making arrangements to reinstate the recurring charge arrangement and/or for making other payment arrangements. Timing and Form of Payments You agree to pay at least the Minimum Payment Due in time to be credited to your Account as of the Payment Due Date. Instructions for making payments are on your billing statement. For a payment to be credited to your Account as of a particular day, we must receive your payment by the date and time and in the manner shown in those instructions. You may pay more than the Minimum Payment Due, and you may pay the entire New Balance at any time. All payments must be in U.S. dollars. Except for disputed payments, if you pay by mail the payment must be sent to the address shown on your billing statement. If you pay by negotiable instrument, such as a money order or check, it must be in a form that is acceptable to us and must be drawn on a U.S. financial institution. Any check, money order or other instrument tendered as an accord and satisfaction, or which includes a condition, restrictive endorsement or any statement to the effect that acceptance of such instrument shall constitute full or partial satisfaction of a disputed or undisputed debt (collectively, a "Condition") must be sent to the inquiry address shown on your billing statement. You must note conspicuously on the face of the payment instrument that it is tendered for this purpose. We reserve the right to refuse to accept any payment that is subject to a Condition. If the payment does not comply with the foregoing and we process it, we will not be bound by the Condition. By sending us a check for payment on your Account, you authorize us to initiate an electronic funds transfer from your bank or other financial institution account according to the terms of the check. This means that your check will be converted to an electronic transaction and your original check will not be returned to you by your bank. Your original check will be destroyed. Your checking or other financial institution account may be debited the same day we receive your check. If you do not want your checks to be converted to an electronic funds transfer, please call customer service at the phone number on the back of your Card. 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. Skip Payment We may allow you, from time to time, to skip a monthly payment. We will notify you when this option is available. If you skip a payment, periodic Interest Charges will accrue on your balance in accordance with the Agreement. Application of Payments We apply the amount of your payment equal to the Minimum Payment Due at our discretion and generally to lower APR balances before higher APR balances. We apply any payment in excess of the Minimum Payment Due on your Account to higher APR balances before lower APR balances. INTEREST RATES AND FINANCE CHARGES Interest Rates The APRs on your Account are either fixed or variable rates as indicated on the Additional Disclosure Statement. The APR is divided by 365 and rounded to the next highest hundred thousandth of a percentage point to determine your Daily Periodic Rate. The Daily Periodic Rate is used to determine the amount of periodic Interest Charges. Variable rates are determined by adding a specified amount ("Spread") to an Index (described below). Index For Variable Rate Accounts Monthly Index Information For each billing cycle, variable APRs are calculated by adding a specified amount ("Spread") to the U.S. prime rate published in the Money Rates table of The Wall Street Journal that is in effect on the last day of the month ("Prime Rate"). If the Prime Rate changes, the new APRs will take effect on the first day of your billing cycle beginning in the next month. An increase in the Prime Rate will increase your applicable Daily Periodic Rates which may increase the Interest Charge due on your Account and may increase the Minimum Payment Due. Each time any APR changes, we will apply it to any applicable balances. If a different Index Is applicable to your Account, the Index will be disclosed on the Additional Disclosure Statement. Purchase APR The Spread (for variable rates), APR and corresponding Daily Periodic Rate are disclosed on the Additional Disclosure Statement. Balance Transfer APR The Spread (for variable rates), APR and corresponding Daily Periodic Rate are disclosed on the Additional Disclosure Statement. Balance transfers may not always be available. Cash APR The Spread (for variable rates), APR and corresponding Daily Periodic Rate are disclosed on the Additional Disclosure Statement. Penalty APR The Spread (for variable rates), APR and corresponding Daily Period Rate are disclosed on the Additional Disclosure Statement. Your APRs may increase to the Penalty APR if you fail to make a minimum payment to us when due. In determining whether to apply your Penalty APR, we may consider the following factors: how long your Account has been open, the existence, seriousness or timing of the defaults on your Account or any other account you have with us; other indications of your Account usage and performance; information about your other relationship(s) with us or any of our related companies; and information we obtain from consumer credit reports obtained from consumer reporting agencies. If your Account becomes subject to the Penalty APR, we will provide advance notice before the Penalty APR goes into effect. If you make the next six consecutive minimum payments once the Penalty APR goes into effect, your rates will return to the non-penalty APRs applicable to your Account. If you do not make these six consecutive minimum payments, we may keep the Penalty APR on your Account indefinitely. Promotional or Introductory APR At our discretion, we may offer you a Promotional or Introductory APR for any type of transaction. Any Promotional or Introductory APR offer will be subject to the terms of the offer and this Agreement. Additional APRs See Additional Disclosure Statement for any additional APRs that may be applicable to your Account Interest and Finance Charges All Interest and Finance Charges will be added to the purchase balance, unless otherwise specified. Please see the Additional Disclosure Statement for applicability and amount of the following Interest and Finance Charges. Minimum Interest Charge. The Minimum Interest Charge is the minimum amount of interest that will be assessed in any billing cycle in which a periodic Interest Charge is payabie.The Minimum Interest Charge will be allocated to each category of transactions containing balances subject to an Interest Charge. How Periodic Interest Charges are Calculated. Periodic Interest Charges are added to the Account when we apply the applicable APR to the balances on the billing statement. We do this by multiplying the Average Daily Balance for each type of transaction shown on your billing statement (for example, purchases, balance transfers, cash advances) by the applicable Daily Periodic Rate. We then multiply the result by the number of days in the billing cycle. Periodic Interest Charges will be calculated using the Daily Periodic Rate in effect on the billing statement closing date. How Average Daily Balance is Determined. To calculate the Daily Balances, we take the beginning balance for each type of transaction every day, add any new transactions, any previous day's periodic Interest Charges, any Finance Charges, any fees and charges, and subtract any payments and/or credits and make any necessary adjustments. If a transaction posts after the beginning of a billing cycle, but the transaction occurred prior to the beginning of that billing cycle, the applicable Daily Balance and any related Interest Charge calculations may be adjusted to include the transaction amount as of the first day of the billing cycle in which the transaction posts. If 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 payment or transaction. To calculate the Average Daily Balance, we add the Daily Balances for each day of the billing cycle and divide the total by the number of days in the billing cycle. How to Avoid Paying Interest on Purchases (Grace Period 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 by the Payment Due Date in the previous month, you can pay your current month's New Balance within at least 23 days (unless otherwise disclosed on the Additional Disclosure Statement) of the Statement Date without being charged interest 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, unless otherwise disclosed. Periodic Interest Charges begin to accrue on the date of the transaction, and continue to accrue until payment in full is credited to your Account. Changing Your Billing Cycle. Any request to change your billing cycle date is subject to our approval. You agree that changes based on your request may shorten any Grace Period you may have or increase the time period for which periodic Interest Charges may accrue. Balance Transfer Fee Finance Charges. Balance Transfers include balance transfers and credit card checks. A Balance Transfer Fee Finance Charge will be assessed on the amount of each balance transfer and credit card check as of the date the transaction posts to your Account and will be added to that transaction balance. Cash Advance Fee Finance Charges. Cash advances include all advances to get cash over the counter, through an ATM, or other "cash-like" transactions (such as purchasing a money order, traveler's check, casino betting chip, or a lottery ticket) as determined by us. A Cash Advance Fee Finance Charge will be assessed on the amount of each cash advance as of the date the transaction posts to your Account and will be added to the Cash balance. Foreign Transaction Fee Finance Charge. A Foreign Transaction Fee Finance Charge may be assessed on the U.S. dollar amount of transactions made in a foreign currency, as of the transaction date. The Foreign Transaction Fee assessed on purchases will be added to the purchase balance, and the Foreign Transaction Fee assessed on cash advances will be added to the cash balance. If you make a transaction in a foreign currency, the transaction will be converted by the Network, into a U.S. dollar amount in accordance with its operating regulations or conversion procedures in effect at the time the transaction is processed. Currently, Network regulations and procedures provide that the currency conversion rate to be used is either (1) a wholesale market rate, or (2) a government-mandated rate in effect on either (i) the applicable central processing date, or (ii) one day prior to the processing date. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction or posting date. The Network may change the procedures, from time to time, at its own discretion. Overdraft Fee Finance Charges. (applicable only to HSBC credit card Accounts providing overdraft protection to designated HSBC Bank deposit accounts.) If you requested overdraft privileges, we will lend you from your available cash advance credit limit the amount needed to cover any overdraft due to insufficient funds on the designated HSBC Bank deposit account. We will transfer to the deposit account the amount of the overdraft rounded to the next full dollar. We may not make a transfer if you do not have sufficient unused credit available or are delinquent hereunder. In that case, the overdraft will be subject to the usual deposit account rules and fees. Under no circumstances, shall any such overdraft be allowed to exceed your available credit limit. You understand that we have the right to cancel this Account or your overdraft loan privileges at any time. We may add an Overdraft Fee Finance Charge to your Account if your Account is utilized to cover any overdraft on your designated deposit account. An Overdraft Fee Finance Charge will be computed on the amount of each overdraft transaction. See the Additional Disclosure Statement for any additional Interest and Finance Charges that may be applicable to your Account. If the imposition of any fee amount specified in your Additional Disclosure Statement would exceed limits established by applicable law, we reserve the right to impose the maximum allowable fee, without waiving our right to impose the full specified fee amount thereafter. ACCOUNT FEES AND OTHER CHARGES Please see the Additional Disclosure Statement for amounts of the following fees and other charges. All such fees and other charges will be added to the purchase balance, unless otherwise specified. If the imposition of any fee amount specified in your Additional Disclosure Statement would exceed limits established by applicable law, we reserve the right to impose the maximum allowable fee, without waiving our right to impose the full specified fee amount thereafter. Annual Fee/Periodic Membership Fee If your Account is subject to an Annual Fee or Periodic Membership Fee, you agree to pay this fee each year (or other periodic assessment if indicated on the Additional Disclosure Statement) your Account is open, or closed with a balance. You agree that this fee will be charged to your Account. If you close your Account within the first 90 days your Account is open, the Annual Fee/Periodic Membership Fee(s) are refundable so long as you have not used the Account. The Annual Fee/Periodic Membership Fee compensates HSBC Bank USA, N.A. in part, for Cardmember services provided or made available to you throughout the membership year. Late Payment Fee A Late Payment Fee may be assessed for each billing cycle in which at least the Minimum Payment Due, and any amount past due, is not paid in time to be credited to the Account by the Payment Due Date. Over the Credit Limit Fee If you choose over the credit limit coverage, an Over the Credit Limit Fee may be assessed if your Account balance exceeds the total credit limit at any time during a billing cycle. Returned Payment Fee A Returned Payment Fee may be assessed to the Account each time a payment check, automatic payment deduction, or other payment method is not honored or is returned unsatisfied by your bank or other financial institution. Any payment returned unsatisfied for any reason may be reposted to any type of transaction (i.e. cash advance, purchases, etc.) and Interest Charges may be reinstated back to the payment date at the APR being charged for that transaction. Payment By Phone Fee A Payment by Phone Fee may be assessed to the Account each time a payment is made by telephone, even if the payment is made by someone other than you. The amount of this fee will be disclosed at the time such payment is requested. Stop Payment Fee A Stop Payment Fee may be added to the cash advance balance when a payment of a credit card check is stopped at your request. Payment may be stopped on a credit card check by notifying us in writing or by calling us at the telephone number listed on the Account billing statement, so long as such check has not already been processed. A stop payment request must include the check number, payee, amount, and date of the credit card check on which payment is to be stopped. If a stop payment is requested by telephone, the call must be confirmed in writing within 14 days. A written stop payment will remain in effect for six months unless renewed in writing. Written stop payment requests should be sent to the address for inquiries shown on your billing statement. Research Fee A Research Fee may be assessed to the Account for each copy of a requested document, The amount of this fee will be disclosed at the time such copies are requested. Additional Fees See the Additional Disclosure Statement for any other fees that may be applicable to your Account. Account renewal, Closure and termination Card Renewal Cards are issued with an expiration date. We have the right not to renew your Card for any reason. Closing Your Account You can close your Account by notifying us in writing or by telephone. Your Account balance will continue to accrue Interest Charges and other charges and fees and your Account will remain subject to all the terms and conditions of this Agreement. We will not honor any credit card check written on your Account or authorize any transactions after your Account is closed and you must destroy your Card(s) and any unused credit card checks. Send your written request to close your Account to the inquiry address shown on your billing statement or you may call us at the telephone number listed on your billing statement. Account Closure We may close your Account, suspend your credit privileges, or reduce your credit limit at any time and for any reason, subject to the requirements of applicable law. In any of these events, your Account balance will continue to accrue Interest Charges and other charges and fees and will remain subject to all the terms and conditions of this Agreement. If we close your Account, you agree to destroy your Card(s) and any unused credit card checks. If your Account has been closed, or your credit privileges are suspended, you may not use your Card or credit card checks. Default You will be in default under this Agreement if: (a) you fail to make at least the Minimum Payment Due in time to be credited to your Account as of the Payment Due Date; (b) you violate any other provision of this Agreement; (c) you become deceased; (d) you become subject to bankruptcy or insolvency proceedings; (e) you supply us with misleading, false, incomplete or incorrect information; (f) we receive information from third parties, including consumer reporting agencies, which indicate a serious delinquency or charge-off with other creditors; (g) you fail to provide us a physical address; (h) you exceed your credit limit; (i) your payment is returned unsatisfied by your bank or other financial institution for any reason; or (j) any credit card check is returned unpaid by us. Upon default, we have the right to close your Account, to terminate or suspend your credit privileges under this Agreement, to change the terms of your Account and this Agreement, and to sue you for what you owe. If you do not pay us, your Account balance will continue to accrue Interest Charges and other charges and fees until paid in full and will remain subject to all the terms and conditions of this Agreement. If we sue you, or if we hire a third party to collect your Account balance, you will pay our court costs, reasonable attorneys' fees and other collection costs related to the default to the extent permitted by law in the state in which you reside, and we will apply your payments first to attorneys' fees and other costs and then to principal and unpaid Interest Charges. Security Interest If you have not completed a Secured Credit Card Deposit Account Agreement for your Account, we are extending you an unsecured line of credit. If you have completed an application and a Secured Credit Card Deposit Account Agreement for a secured account, the terms and conditions contained within this paragraph apply to your Account. As Security for your performance under this Agreement, including but not limited to the repayment of all credit extended under this Account and any replacement secured credit card account, you assign, pledge, and grant to us a first priority security interest In all money now and hereafter in the deposit account ("Deposit Account") with HSBC Bank USA, N.A.. You authorize us to restrict withdrawals from your Deposit Account until such time as this Account is closed and all your indebtedness is fully satisfied or until this Account is otherwise modified by us. If you exceed your credit limit, or otherwise default under the terms of this Agreement, or if this Agreement is cancelled by you or us for any reason, we may at any time thereafter and without advance notice to you, apply all or part of your Deposit Account to the payment and satisfaction of any and all amounts owed under this Account and any replacement secured credit card account. In addition, we may use any other remedies permitted or otherwise available to us. If the amount in your Deposit Account is not sufficient to retire all obligations incurred related to your Account, you agree to pay the amount owed to us immediately. Credit card Fraud Lost or Stolen Credit Card or Account Checks You agree to notify us immediately if your Card or credit card checks are lost or stolen or your Account number is compromised. You may notify us by calling us at the phone number listed on your billing statement. Liability for Unauthorized Use You should retain copies of all charge slips until you receive your billing statement, at which time you should verify that the charges are true and the amounts unaltered. You may be liable for the unauthorized use of your Card. You will not be liable for unauthorized use that occurs after you notify us of the loss, theft or possible unauthorized use. Notification must be given either by writing us immediately upon learning of the loss, theft or possible unauthorized use or calling us immediately at the telephone number listed on your billing statement. You will not be liable for any unauthorized use of your Account when you notify us immediately by phone or in writing. In any case, your liability for unauthorized use of your Card will not exceed $0. To notify us of unauthorized use of your Card, you may call or write to us at the telephone number or inquiries address shown on your billing statement. Personal information Change of Name, Address, Telephone Numberor Employment You agree to give us prompt notice of any change in your name, mailing address, telephone number or place of employment. Updated Financial and Other Information Upon request, you agree to promptly give us accurate financial and other information about yourself. Credit Reporting If you fail to fulfill the terms of your credit obligation, a negative report reflecting on your credit record may be submitted to consumer reporting agencies. If any specific information related to your Account transactions or credit experience with us is inaccurate, you may notify us to correct the inaccurate information (after confirmation of the alleged error) reported to any consumer reporting agency by writing to us at P.O. Box 98706, Las Vegas, NV 89193. Certain Privacy Practices You agree that from time to time we may receive credit information concerning you from others, such as stores, other lenders, and credit reporting agencies, and that we may use this information to amend, cancel or suspend your credit privileges under this Agreement even if you are not in default with us. You agree that the Department of Motor Vehicles may release your residence address to us, should it become necessary to locate you. You agree that our supervisory personnel may listen and record telephone calls between you and our representatives in order to evaluate the quality of our service to you and to other cardmembers. For additional information regarding our privacy practices, please refer to our Privacy Statement. ADDITIONAL TERMS Change of Terms (Including Interest Charges) WE MAY CHANGE OR TERMINATE ALL OR ANY PART OF THIS AGREEMENT OR ADD NEW TERMS AT ANY TIME, INCLUDING WITHOUT LIMITATION ADDING OR INCREASING FEES, INCREASING YOUR PERIODIC PAYMENT, INCREASING THE RATE OR AMOUNT OF INTEREST and FINANCE CHARGES, OR CHANGING THE METHOD OF COMPUTING THE BALANCE UPON WHICH INTEREST CHARGES ARE ASSESSED. REASONS FOR A CHANGE MAY INCLUDE, BUT ARE NOT LIMITED TO, ANY CHANGE IN YOUR CREDIT HISTORY, CREDIT OBLIGATIONS, ACCOUNT PERFORMANCE, USE OF YOUR CREDIT LINES OR OUR FINANCIAL RETURN. THESE RATE CHANGE PROVISIONS DO NOT APPLY TO ROUTINE VARIABLE RATE ACCOUNT ADJUSTMENTS WHICH ARE SET FORTH IN THIS AGREEMENT. ANY CHANGES WILL BE IN ACCORDANCE WITH THIS AGREEMENT AND APPLICABLE LAW. NOTICE OF ANY CHANGE WILL BE PROVIDED TO YOU AS REQUIRED BY APPLICABLE LAW WHICH MAY INCLUDE THE RIGHT TO OPT OUT OF CERTAIN CHANGES. UNLESS OTHERWISE STATED, CHANGES APPLY TO BOTH NEW AND OUTSTANDING BALANCES. Other information Assignment of Account We may sell, assign or transfer your Agreement and Account or any portion thereof without notice to you. You may not sell, assign or transfer your Account. If we sell, assign, or transfer your Account, the purchaser, assignee, or transferee shall have the same rights as we do under this Agreement. Waiver We may choose to delay enforcing or waive any of our rights under this Agreement in certain situations. We can delay enforcing or waive any of our rights without affecting our other rights. If we delay or waive a right, we do not thereby delay or waive the same right in other situations. Severability If any provision of this Agreement is finally determined to be void or unenforceable under any law, rule or regulation, all other provisions of this Agreement will remain valid and enforceable. Applicable Law This Agreement and your Account will be governed by federal law and, to the extent state law is applicable, the laws of the state of Virginia, whether or not you live in Virginia and whether or not your Account is used outside Virginia. This Agreement is entered into in Virginia, your Account is maintained in Virginia, and all credit under this Agreement will be extended from Virginia. YOUR BILLING RIGHTS: KEEP THIS DOCUMENT FOR FUTURE USE This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. What To Do If You Find A Mistake On Your Statement If you think there is an error on your statement, write to us at: HSBC Bank USA, N.A. PO Box 5253, Carol Stream, IL 60197-5253 or at the address shown on your billing statement. In your letter, give us the following information: • Account information: Your name and account number. • Dollar amount: The dollar amount of the suspected error. • Description of problem: If you 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. • At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong. You must notify us of any potential errors in writing.You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. What Will Happen After We Receive Your Letter When we receive your letter, we must do two things: 1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error. 2. Within 90 days of receiving your letter, we must either correct the error or explain. While we investigate whether or not there has been an error: • We cannot try to collect the amount in question, or report you as delinquent on that amount. • The charge in question may remain on your statement, and we may continue to charge you interest on that amount. • 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. After we finish our investigation, one of two things will happen: • If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount. • If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe. If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us. If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct. 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 credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the 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 or services.) 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 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: HSBC Bank USA, N.A. PO Box 5253, Carol Stream, IL 60197-5253 or at the address shown on your 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 report you as delinquent. HSBC credit cards are issued by HSBC Bank USA, N.A. and service by its affiliate HSBC Card Services Inc. Eesh K. Bansal SVP, Head of Asset Businesses © 2010 HSBC Bank USA, N.A. All Rights Reserved. November 1, 2010 MasterCard is a registered trademark of MasterCard International Incorporated. Visa is registered trademark of Visa International Service Association Discover@ Network and the Discover Network Acceptance Mark are used by HSBC under license from Discover Financial Services. AG3105 (11/10) CI ADDITIONAL DISCLOSURE STATEMENT Minimum Payment Due Your Minimum Payment Due each month will be calculated as follows: (a) If your New Balance is not more than $25, your Minimum Payment is the New Balance. (b) If your New Balance is more than $25, your Minimum Payment is the greater of- (i) 1 % of the New Balance shown on your statement plus the following: any periodic Interest Charges posted to your Account during the billing cycle, and • any Late Payment Fee posted to your Account during the billing cycle, and • any Over the Credit Limit Fee posted to your Account during the billing cycle, and an amount equal to 1/12 of the Annual Fee, if applicable, or (ii) $25 (c) Any Past Due Amount shown on your statement will be added to the Minimum Payment. Your Minimum Payment Due will be rounded up to the nearest dollar, unless doing so will cause the resulting value to exceed the New Balance. INTEREST RATES AND FINANCE CHARGES Annual Percentage Rates ("APR") and Daily Periodic Rates ("DPR") as of 6130/11 Purchase APR: Applies to credit card purchases 9.99% - 19.99% APR (corresponding 0.02737% - 0.05477% DPR This APR will vary with the market based on the Prime Rate. Spread 6.74% - 16.74% Balance Transfer APR: Applies to balance transfers and credit card checks, if available 9.99% - 19.99% APR (corresponding 0.02737% - 0.05477% DPR) This APR will vary with the market based on the Prime Rate. Spread 6.74% - 16.74% Cash APR: Applies to cash advances. 21.99%% APR (corresponding 0.06025% DPR) This APR will vary with the market based on the Prime Rate. Spread 18.74% Penalty APR 27.24% APR (corresponding 0.07463% DPR) This APR will vary with the market based on the Prime Rate. Spread 23.99% Minimum Interest Charge: $1.00 Grace Period on Credit Card Purchases: You have at least 23 days from the date of the periodic statement to avoid an Interest Charge on new credit card purchases, provided you paid your previous balance in full. Balance Transfer Fee Finance Charge: Either $5 or 3% of the amount of each transfer, whichever Is greater, unless otherwise disclosed. Cash Advance Fee Finance Charge: Either $10 or 3% of each cash advance, whichever is greater. Foreign Transaction Fee Finance Charge: 3% of the U.S. dollar amount on transactions made in a foreign currency, as of the transaction date. Overdraft Fee Finance Charae: Either $5 or 3% of the overdraft amount, whichever is greater, if applicable. ACCOUNT FEES AND OTHER CHARGES Annual Fee/Periodic Membership Fee - $0 Late Payment Fee If your Outstanding Balance on your payment Due Date is up to and including $250.00 the Late Payment Fee is $19 the first time your payment is late; and, if another payment is late during the next 6 billing cycles the Late Payment Fee is $19. If your Outstanding Balance on your payment Due Date is more than $250.00 the Late Payment Fee is $25 the first time your payment is late; and, if another payment Is late during the next 6 billing cycles the Late Payment Fee is $35. In no event will your Late Payment Fee exceed the amount of your Minimum Payment Due. Over the Credit Limit Fee -$25. In no event will your Over the Credit Limit Fee exceed the amount you are over your credit limit when the fee is assessed Returned Payment Fee - $25. In no event will your Returned Payment Fee exceed the amount of your Minimum Payment Due. Stop Payment Fee - $29 787095087-Addendum-HSBC Card-3105 Rev (6111) Pricing Addendum INTEREST RATES AND FINANCE CHARGES Interest Rates The APR is divided by 365 and rounded to the next highest hundred thousandth of a percentage point to determine your Daily Periodic Rate. The Daily Periodic Rate is used to determine the amount of periodic Interest Charges. Variable rates are determined by adding a Periodic Rate. The Daily Periodic Rate is used to determine the amount of periodic Interest Charges. Variable rates are determined by adding a specified amount ("Spread") to an Index (described below). Index for Variable Rate Accounts For each billing cycle, variable APRs are calculated by adding a specified amount ("Spread") to the U.S. prime rate published in the Money Rates table of The Wall Street Journal that is in effect on the last day of the month ("Prime Rate"). If the Prime Rate changes, the new APRs will take effect on the first day of your billing cycle beginning in the next month. An increase in the Prime Rate will increase your applicable Daily Periodic Rates which may increase the Interest Charge due on your Account and may increase the Minimum Payment Due. Each time any APR changes, we will apply it to any applicable balances. Specific Rates and Fees may be determined based on your creditworthiness. Purchase APR Prime plus 6.74% - 16.74% Balance Transfer APR Prime plus 6.74% - 16.74%, if available Cash APR Prime plus 18.74% Penalty APR Prime plus 23.99% Penalty APR: Your APRs may increase to the Penalty APR if you fail to make a minimum payment to us when due. In determining whether to apply your Penalty APR, we may consider the following factors: how long your Account has been open, the existence, seriousness or timing of the defaults on your Account or any other account you have with us; other indications of your Account usage and performance; information about your other relationship(s) with us or any of our related companies; and information we obtain from consumer credit reports obtained from consumer reporting agencies. If your Account becomes subject to the Penalty APR, we will provide advance notice before the Penalty APR goes into effect. If you make the next six consecutive minimum payments once the Penalty APR goes into effect, your rates will return to the nonpenalty APRs applicable to your Account. If you do not make these six consecutive minimum payments, we may keep the Penalty APR on your Account indefinitely. Interest and Finance Chartres Minimum Interest Charge: A Minimum Interest Charge of $1.00 will be assessed in any billing cycle in which a periodic Interest Charge is payable. t Paying Interest: Your due date is at least 23 days after the close of each billing cycle. We will not charge you interest on purchases if you pay your entire balance by the due date each month. We will begin charging interest on cash advances and balance transfers on the transaction date. Balance Transfer Fee: Either $5 or 3% of the amount of each transfer, whichever is greater, unless otherwise disclosed. Cash Advance Fee: Either $10 or 3% of each cash advance, whichever is greater. Foreign Transaction Fee: 3% of the U.S, dollar amount on transactions made in a foreign currency, as of the transaction date. Overdraft Fee: Either $5 or 3% of the overdraft amount, whichever is greater. ACCOUNT FEES AND OTHER CHARGES Annual Fee: $0 Late Payment Fee: If your Outstanding Balance on your payment Due Date is up to and including $250.00 the Late Payment Fee is $19 the first time your payment is late; and, if another payment is late during the next 6 billing cycles the Late Payment Fee is $19. If your Outstanding Balance on your payment Due Date is more than $250.00 the Late Payment Fee is $25 the first time your payment is late; and, if another payment is late during the next 6 billing cycles the Late Payment Fee is $35. In no event will your Late Payment Fee exceed the amount of your Minimum Payment Due. Over the Credit Limit Fee: $25. In no event will your Over the Credit Limit Fee exceed the amount you are over your credit limit when the fee is assessed. Returned Payment Fee: $25. In no event will your Returned Payment Fee exceed the amount of your Minimum Payment Due. Required insurance, debt cancellation or debt suspension coverage: None How Average Daily Balance Is Determined: To calculate the Daily Balances, we take the beginning balance for each type of transaction every day, add any new transactions, any previous day's periodic Interest Charges, any Finance Charges, any fees and charges, and subtract any payments and/or credits and make any necessary adjustments. To calculate the Average Daily Balance, we add the Daily Balances for each day of the billing cycle and divide the total by the number of days in the billing cycle. 787095087_ PricingAddendum_HSBC Card-3105 Rev (6/11) i r VERIFICATION ®M VIGIL , hereby depose and state that: The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the foregoing document and the factual information contained therein is true and correct to the best of my personal knowledge. I am the Authorized Representative and a duly authorized representative of the plaintiff; The factual allegations set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief, and they are that BRAD MILLS owes the balance of $2,685.66 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: 22Z?Z ? AUG G 2 2011 Dated: TOM ViGiL Authorized Representative SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?4a?tsu a 4ir+nb?.p??r?? OFF ?.E r*," D !fi r I 'f1 n "3? p f TAti i J +f': J J1J Vl Cach, LLC Case Number vs. 2011-6759 Brad Mills SHERIFF'S RETURN OF SERVICE 09/26/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on September 26, 2011 at 0910 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Brad Mills. After several attempts the Complaint and Notice has expired. SHERIFF COST: $64.00 SO ANSWERS, September 26, 2011 RON R ANDERSON, SHERIFF CountvSin.o, Shen`t. 7e!,',osofl In;: r r C) CD Law Firm of Allan C. Smith, P.C. Attorney I.D. 204756 ' Bucks County Office Center =cam 1276 Veterans Highway, Suite E-1 ' Bristol,PA 19007 1-888-275-6399//(215)428-0666 CACH,LLC ) COURT OF COMMON PLEAS } CUMBERLAND COUNTY Plaintiff(s), ) VS. } NO: 11-6759 CIVIL TERM BRAD MILLS ) PRAECIPE TO ENTER } JUDGMENT BY DEFAULT Defendant(s). ) TO THE PROTHONOTARY: Please enter a Default Judgment in favor of plaintiff CACH, LLC and against the defendant(s), BRAD MILLS, for failure to answer or otherwise respond to the Complaint in Civil Action. The Complaint was served upon the defendant(s) on January 18, 2013. A copy of the proof of service is attached hereto. A copy of the Notice of Intention to take Default mailed to defendant(s) BRAD MILLS by regular United States mail,postage paid, on February 13,2013, is attached hereto. Assess damages in the amount of$4,049.27 as follows: [a] $4049.27 being sought in the Complaint; [b] and $0.00 interest being sought in the Complaint; [c]reasonable attorney's fee of $0.00, or$0.00 per hour, [d] and Court Costs of$0.00, [e] and Costs of Service of$0.00. Date: April 26,2013 LaoBy: Co L. Kronnagel, Esq. $ito 50 Pj) A-n. 4orney I.D. 313173 C# 10030 i dice mg.1!a SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith ��ti�wttiP of 4tnnurr�.yrrA Chief Deputy : Richard W Stewart Solicitor r1F=k°F,OF TkE:?�FpIFF Law Firm of Allan C. Smith vs. Case Number Brad Mills 2011-6759 SHERIFF'S RETURN OF SERVICE 01/17/2013 01:22 PM - Deputy William Cline, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant,to wit:Brad Mills at 73 S. High Street, Newville Borough, Newville, PA 1720 WILLIAM CLINE, DEPUTY SHERIFF COST: $40.00 SO ANSWERS, January 23, 2013 RONW R ANDERSON, SHERIFF ifi��ut7tJwf2 Sn�r;rt;CeeogOlt.Ini.. s Law Firm of Allan C. Smith, P.C. Attorney I.D. 204756 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 ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, ) NO: 11-6759 CIVIL TERM Vs. ) BRAD MILLS ) Defendant(s). ) CERTIFICATE OF SERVICE OF NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT I, CORRYN L. KRONNAGEL, 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(s) BRAD MILLS by United States mail, postage prepaid, on February 13, 2013 at his/her last address of: 73 S HIGH STREET, NEWVILLE,PA 17241. Date: April 26, 2013 B : ;omey Kronnagel, Esq. I.D. 313173 Law Firm of Allan C. Smith,P.C. Attorney I.D.No.204756. 1276 Veterans Hwy-Suite E-1 Bristol,PA 19007 1-888-275-6399//(215)428-0666 Attorney for the Plaintiff CACH,LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, ) Vs. ) No.: 11-6759 CIVIL TERM BRAD MILLS ) NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO: BRAD MILLS 73 S.HIGH ST NEWVILLE,PA 17241 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: February 13,2013 Law Firm of Allan C. Smith,P.C. Attorney I.D. 204756 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: 11-6759 CIVIL TERM vs. BRAD MILLS Defendant(s). CERTIFICATION OF NON-MILITARY SERVICE 1, CORRYN L. KRONNAGEL, ESQ. of full age, certifies as follows: 1. 1 am the plaintiff's attorney herein, and have sufficient knowledge of the facts and am fully authorized to make this Certification; 2. My information is that the defendant is BRAD MILLS.' 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 unswom falsification to authorities. Date: April 26,2013 B m C(d C , L. Kronnagel, Esq. orney I.D. 313173 Department of Defense Manpower Data Center Results as of:Apr-22-2013 10:41:01 SCRA 3.0 status.Report Pursuant to Servicemembers Civil Relief Act Last Name: MILLS First Name: BRAD Middle Name: Active Duty Status As Of: Apr-22-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA F r ..._ No ti, NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Dale Active Duty Start Date Active Duty End Dale Status Service Component NA NA i No r- t NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA. No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data,Center;based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Aaj "a 4u4 Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 c . Law Firm of Allan C. Smith, P.C. Attorney I.D. 204756 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: 11-6759 CIVIL TERM VS. ) BRAD MILLS ) Defendant(s). ) To: BRAD MILLS 73 S HIGH STREET, NEWVILLE,PA 17241 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 ove p oceed' s indicated w: By: 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: ALLAN C. SMITH, 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 IN THE COURT OF COMMON PLEAS OF 4340 S.MONACO STREET, 2ND FLOOR CUMBERLAND COUNTY,PENNSYLVANIA DENVER, COLORADO 80237 Plaintiff[s], vs. Docket No.: 11-6759 CIVIL TERM t ; BRAD MILLS 7696 MOLLY PITCHER HIGHWAY rn rn SHIPPENSBURG,PA 17257 Defendant[s]. Z co TO THE PROTHONOTARY OF CUMBERLAND COUNTY: CI ISSUE and INDEX WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania, (2) against BRAD MILLS Defendant(s); ANY AND ALL PERSONAL PROPERTY TO BE LEVIED ON. (3) and against M & T BANK Garnishee(s); as a lis pendens against the real property of the defendant(s) in the name of the Gamishee(s) as follows: (Specifically describe property to be levied upon by Sheriff) MCD w (4) Amount Due $ 4,049.27 Interest from TOTAL , plus costs. = .c C/ DATE: October 14, 2013 cw� OL CUD P�-a F' o . Kro agel, Esq. U Od cc rf Q a . oo '` 1s (e S , . 5o s f � 1 RIO:- r , CACH,LLC IN THE COURT OF COMMON PLEAS OF 4340 S. MONACO STREET, 2ND CUMBERLAND COUNTY, PENNSYLVANIA FLOOR DENVER, COLORADO 80237 Plaintiff[s], VS. Docket No.: 11-6759 CIVIL TERM BRAD MILLS 7696 MOLLY PITCHER HIGHWAY `" s SHIPPENSBURG, PA 17257 Defendant[s]. cwt•: WAIVER OF WATCHMAN :. BY ORDER OF THE SHERIFF OF CUMBERLAND COUNTY COURTHOUSE- CARLISLE, PA 17013 SIR: There will be placed in your hands for service a Writ of Execution, styled as follows: CACH,LLC,Plaintiff(s) vs. BRAD MILLS,Defendant(s). (1) The defendant will be found at: 7696 M L PITCHER HIGHWAY SHIPPENSBURG,PA 17257 Co L. onnagel, 9sq1 (2) If Writ of Execution, state below where Defendant will be found, what goods and chattels shall be seized and be levied upon. If real estate, attach three copies of description(not place of record) together with street and number of the premises. ANY AND ALL PERSONAL PROPERTY OF THE DEFEDNANT TO BE LEVIED ON LOCATED AT 7696 MOLLY PITCHER HIGHWAY SHIPPENSBURG,PA 17257. (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 attac ent, without liability on the part of such deputy or the sheriff to any plaintiff herein fo an loss, destruction o emoval of any such property before sheriff's sale thereof. Corry L. ronnagel,EAI E LAW FIRM OF ALLAN C. SMITH, P.0 THE BUCKS COUNTY OFFICE CENTER 1276 VETERANS HIGHWAY, SUITE E-1 BRISTOL, PENNSYLVANIA 19007 PH: (215)428-0666/FAX: (215)428-0740 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 2011-6759 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CACH,LLC Plaintiff(s) From BRAD MILLS,7696 MOLLY PITCHER HIGHWAY,SHIPPENSBURG,PA 17257 (1) You are directed to levy upon the property of the defendant(s)and to sell ANY AND ALL PERSONAL PROPERTY TO BE LEVIED ON. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: M&T BANK,28 WALNUT BOTTOM ROAD,SHIPPENSBURG,PA 17257 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$4,049.27 Plaintiff Paid$ Interest Attorney's Comm. % Law Library$.50 Attorney Paid$253.25 Due Prothonotary$2.25 Other Costs$ Date: 11/1/2013 t> David D. Buell, Prothonotary By: Deputy REQUESTING PARTY: Name : CORRYN L. KRONNAGEL, ESQUIRE Address: LAW FIRM OF ALLAN C. SMITH,P.C. 1276 VETERANS HIGHWAY,SUITE E-1 BRISTOL,PA 19007 Attorney for: PLAINTIFF Telephone: 215-428-0666 Supreme Court ID No.313173 Law Firm of Allan C. Smith,P.C. 1` Pti Attorney I.D. 204756 7 1276 VETERANS HIGHWAY #�`r'$Yj!0 f }' SUITE E-I � BRISTOL,PA 19007 1-888-275-6399 H(215)428-0666 Attorney for Plaintiff CACH,LLC. COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, ) NO: 11-6759 CIVIL TERN vs. ) BRAD MILLS ) Defendant(s). ) INTERROGATORIES IN ATTACHMENT TO: M& T BANK 28 WALNUT BOTTOM ROAD SHIPPENSBURG,PA 17257,Garnishee You must file with the court verified answers to the following interrogatories in attachment within twenty(20)days after service upon you.Failure to do so may result in a default judgment being entered against you.A copy of the answers must be served on the undersigned.If your answer to any of the interrogatories is affirmative, specify the amount and value andlor completely describe the nature of the subject property. If your answer depends upon the review of any documents,account records,or other papers or electronic data,completely describe the same in exact detail (or attach a copy of the same). 1. a. At the time you were served or at any subsequent time,did you owe the defendant[s] any money or were you liable to defendant[s] on any negotiable or other written instrument, or did de fe dant[s] claim that you owed any money or were liable to defendant[s] for any reason? b. To the extent that your above answer depends in whole or part on documents, account records,otheF papers,or electronic data,describe each in exact detail(or attach a copy of the same). , Jl 2. a. At the time you were served or at any subsequent time, was there in your possession,custody,or control or in the joint possession,custody,or control of yourself or one or more other persons property of any nature owned solely or in part by the M dant[s]? r� JP IV CO 9 b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data,describe each in exact detail (or attach a copy of the same). OC) 3. a. At the time you were served or at any subsequent time,did you hold legal title to property of any nature owned solel n part by the defendant[s] or in which defendant[s] held or claimed any interest? b. To the extent that your above answer depends in whole or part on documents,account records, or other papers or electronic data,describe each in exact detail (or attach a copy of the same). 4. a. At the time you were served or at any subsequent time,did you hold as a fiduciary property in which the defendant[s] had an interest? 0`�') b. To the extent that your above answer depends in whole or part on documents, account records,or other papers or electronic data,describe each in exact detail (or attach a copy of the same). 5. a. At any time before or after you were served,did the defendant[s] transfer or deliver property of any nature to you or to any person or place pursuant to your direction or consent and, if so, what was the consideration therefore? ,�\ b. To the extent that your above answer depends in whole or part on documents, account records,or other papers or electronic data,describe each in exact detail (or attach a copy of the same). r- 6. a. At the time you were served or at any subsequent time di � transfer,or deliver an money or property of an nature to the defendant[s]? Y Y P Pe Y Y b. To the extent that your above answer depends in whole or part on documents,account records, or other papers or electronic data,describe each in exact detail(or attach a copy of the same). \ 7. a. At the time you were served or at any subsequent time did you pay, transfer,or deliver any money or property of any nature,to any person,entity,or place pursuant to the direction of, or undertaking for,the defendant[s],e.g., lease payments, loan payments, or otherwise discharge any claim of the defendant against you? b. To the extent that your above answer depends in whole or part on documents, account records,or other papers or electronic data,describe each in exact detail(or attach a copy of the same). �J 8. a. At the time you were served or at any subsequent time,did you have, share,or utilize any safe deposit boxes,pledges,documents of title, securities,notes,coupons, receivable, license,or collateral in which there was an interest claimed by defendant[s]? b. To the extent that your above answer depends in whole or part on documents,account records, or other papers or electronic data,describe each in exact detail(or attach a copy of the same). 0\ \ 9. a. Identify every account(not previously noted)titled in the name of defendant[s] in which you believe defendant[s] have an interest in whole or part, whether or not styled as a payroll account, individual retirement account,tax account, lottery account, partnership account,joint or tenants by entirety account, insurance account, trust or escrow account, attorney's account, or otherwise. kTyq pp b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data,describe each in exact detail (or attach a copy of the same). 0D 10. a. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds were deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, l vI or attachment under Pennsylvania or federal law? b. If so, identify each account and state the reason for the exemption,the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. \\ \\ 11. a. If you are a bank or other financial institution,at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds,did not exceed the amount of the general monetary exemption under 42 Pa.C.S. Sec. 8123? \ b. If so, identify each account. issa M Peters &T Dank NOV 2 0 2013 orry onnage rEsq. i Atto ey for Plaintiff CACH, LLC. Commonwealth of Pennsylvania 4340 S. MONACO - 2ND FLOOR DENVER, CO 80237, Plaintiff, COURT OF COMMON PLEAS COUNTY OF CUMERLAND BRAD MILLS 7696 MOLLY PITCHER HIGHWAY • BLOOMSBURG, PA 17815 • Defendant(s) . Docket No. 11-6759 CIVIL TERM PRAECIPE TO DISSOLVE ATTACHMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY Plaintiff, being on notice that the garnishee has no property of the defendant(s) in its possession, hereby orders and directs you to dissolve the attachment on the property of the defendant[s] not levied upon in the possession of: M & T BANK, garnishee[s] , specifically all sums due defendant[s] from garnishee[s] ; all property of defendant[s] possessed by garnishee[s] ; and/or all accounts including all savings, checking and other accounts, certificates of deposit, notes receivables, collateral, pledges, documents of title, securities, coupons and safe deposit boxes. Prothonotary BY DATE i ig 4/./A4. . ■ rorr`� Kronnagel, Attu ney for Plainti f z cad CM )— t ! U C=I cr3LIJ c^- Ea_ ra C,) 419 . 51)-ALIAly fa2 616 02,9 9aA3 Ronny R Anderson Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERI'FF'S OFFICE OF CUMBERLAND COUNTY :LEDSheriff v t c: io T .E SHERIFF H,... PROT H NL 2511i JUN i (S PM 2° 35 CUMBERLAND ANIAd Law Firm of Allan C. Smith vs. Brad Mills Case Number 2011-6759 SHERIFF'S RETURN OF SERVICE 11/07/2013 12:43 PM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, M & T Bank, 1 West High Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Jessica Resse, Teller, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on November 13, 2013 to Brad Mills at 7696 Molly Pitcher Highway, Shippensburg, PA 17257. No personal property levy will be done as address for defendant is located in FRANKLIN County - not Cumberland County. 06/13/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $88.76 SO ANSWERS, June 13, 2014 (c} CountySuite Sherif[, Teleosoft. Inc. RONY R ANDERSON, SHERIFF it a a L Lp x=, 9G 7.S'% Ats 3073sy