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HomeMy WebLinkAbout11-7705IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH, LLC moo rT3 Nr ? rT, vs. NO: /) CD RANDY A JOHNSON W 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 ?.? ? 3 ?t Frl Harrison Ross Byck, Esq., P.C. 1276 Veterans Highway Suite E-1 Bristol, PA 19007 1-888-275-6399/(215) 428-0666 Attorney for Plaintiff #61511 CACH, LLC ) COURT OF COMMON PLEAS 4340 SOUTH MONACO STREET 2ND ) CUMBERLAND COUNTY FLOOR DENVER, CO 80237 ) Plaintiff, VS. No.: RANDY A JOHNSON 1210 EDINBURG CIR NEW CUMBERLAND, PA 17070 COMPLAINT To: RANDY A JOHNSON 1210 EDINBURG CIR NEW CUMBERLAND, PA 17070 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served. By entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and the court without further notice may enter a judgment against you for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 AVISO Le han dernandado a usted en is corte. Si usted quiere defenderse de estas demandas expuestas en las pagins siguientes. Usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia excrita o en persons o con abogado y entregar o sus objecciones a las demandas en contra de su persona. Se avisado que si usted no se defiende. La corta tomara medidas y puede continuar la demada en contra suya sin previo Avisa o notificion. Ademas la corte puede decidie a favor del demandante y requiere que usted compla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedas o otros derechos imporrantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DINERO SUMCIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRTTA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICE DE REFERENCIA LEGAL PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 Plaintiff, CACH, LLC, by its attorney Harrison Ross Byck, by way of complaint against Defendant RANDY A JOHNSON, 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, RANDY A JOHNSON, is an individual residing at 1210 EDINBURG CIR, NEW CUMBERLAND, PA 17070. 3. The claims raised in the complaint are subject to an agreement to submit these claims to arbitration. <Exhibit C> 4. Defendant, RANDY A JOHNSON, is indebted to Bank of America, N.A. on an account stated by and between them in the amount of $9,622.38 which balance was due and unpaid as of August 31, 2010, for credit card account number 4888940037076136. <Exhibit A> 5. Upon charge-off, the above account number was changed to 4888940993709233. 6. On or about September 22, 2010, FIA CARD SERVICES, N.A. sold the debt for good and valuable consideration to plaintiff, CACH, LLC <Exhibit B> 7. The Defendant, Randy A. Johnson, last tendered a payment on May 22, 2010. 8. A copy of the credit card agreement is attached hereto. <Exhibit C> 9. Plaintiff is entitled to charge-off account finance charges of $0.00. <Exhibit A> 10. Plaintiff is entitled to pre-litigation charge-off interest of $7.9062 per day from the default date 29.990% annual percentage rate x $9,622.38 / 365 days) or $7.9062 x 356 days = $2,814.60; 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 $1,924.48 as stated in the Cardholder Agreement attached hereto as <Exhibit C>. 11. The defendant, being indebted to the plaintiff in the sum of $14,553.46 upon the account stated by and between them did promise to pay said sums upon demand. Demand has been made for payment of $14,553.46 and the defendant has failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendant for $14,553.46 together with other interest and costs of suit. Date: September 13, 2011 EXHIBIT A Bankof America RANDY A JOHNSON Account Number: 4888 9400 3707 6136 July 9 - August 6, 2010 Account Information: www.bankofamerica.com Mail billing inquiries to: BANK OF AMERICA P.O. BOX 15026 WILMINGTON, DE 19850-5026 Mail payments to: BANK OF AMERICA P.O. BOX 15019 WILMINGTON, DE 19886.5019 Customer Service: 1.800.789.6701 (1.800.3463178 TTY) New Balance Total .....................................................................$9,622.38 Current Payment Due ....................................................................$358.00 Past Due Amount .......................................................................$2,112.00 Total Minimum Payment Due.. ......................$2,470.00 Payment Due Date .................. .........................9/4/10 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $39.00. Credit Line ....................................$8,500.00 Minimum Payment Warning: If you make only the minimum payment each Statement Closing Date ......................8/6/10 period, you will pay more in interest and it will take you longer to pay off your Days in Billing Cycle ..................................29 balance. For example: Previous Balance ........................ $9,357.73 Payments and Other Credits ....................0.00 Purchases and Adjustments ....................0.00 Fees Charged .................................................39.00 Interest Charged ..........................................225.65 New Balance Total ........................$9,622.38 Transaction Date Posting Date Description Reference Account Number Number Amount rota! Fees 08/04 08/04 LATE FEE FOR PAYMENT DUE 08/04 9357 39.00 TOTAL FEES FOR THIS PERIOD $39.00 Interest Charged 08/06 08/06 Interest Charged on Balance Transfers 000 08/06 08/06 Interest Charged on Cash Advances 000 continued on next page... 06 0096223800247000000100000004888940037076136 BANK OF AMERICA Account Number: 4888 9400 3707 6136 P.O. BOX 15019 WILMINGTON, DE 19886.5019 New Balance Total ...........................................................$9,622,38 Minimum Payment Due ......................................................2,470.00 Payment Due Date ...................................................09/04/10 RANDY A JOHNSON Enter payment amount °$ 1210 EDINBURG CIR NEW CUMBERLAND PA 17070-2248 Check here for a change of mailing address or phone numbers. Please provide all corrections on the reverse side. Mall this coupon along w@h your check payable to: BANK OF AMERICA 1: 5 2 40 2 2 2 5011: L 28800 3 70 ?G 136112 If you would like information about credit counseling services, call 1-8663045238. IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE411 Rev. 07/10 CUSTOMER STATEMENT OF DISPUTED ITEM -Please eaU toU-free1.866 269.0212Monday-Thursday 8 am.-9 p.m., Friday 8 am: 7 p.m. and Saturday 8 am.-6 p.m. Eastern. For prompt service, please have the merchant reference number(s) available for the charge(s) in question. PLEASE DO NOT ALTER WORDING ONTHIS FORM AND DO NOT MAIL YOUR LETTER OR FORM WITH YOUR PAYMENT. Choose onlyone dispute reason. Your Name: Account Number: TransactionDate:__. __-.- ---_._---. Reference Number. Amount $ Disputed Amount Merchant Name: -- -- -- 1. The amount of the charge was increased from $__.. to $___ or my sales slip was added incorrectly. Enclosed is a copy of the sales slip that shows the correct amount. 0 2. I certify that the charge listed above was not made by me or a person authorized by me to use my card, nor were the goods or services represented by the transaction received by me or a person authorized by me. D 3. I have not received the merchandise that was to be shipped to me on._ /__(MM/DD/YY). I have asked the merchant to credit my account. 4. I was issued a credit slip that was not shown on my statement. A copy of my credit slip is enclosed. The merchant has up to 30 days to cre.dityour account. D 5, Merchandise that was shipped to me has arrived damaged and/or defective. I returned it on /_,, _ /___ (MM/DD/YY) and asked the merchant to credit iqy account. Attach a letter describing how the merchandise was damaged and/or defective and a copy of the proof ofreturn. D 8. Although I did engage in the above transaction, I have contacted the merchant, returned the merchandise on.__ /____/__-_(MM/DD/YY)andrequested a credit. I either did not receive this credit or it was unsatisfactory. Attach a letter explaining why you are disputing this charge with a copy of the proof of return. If you are unable to return the merchandise, please explain. 0 7. I certify that the charge in question was a single transaction, but was posted twice to my statement. 1 did not authorize the second transaction. Sale #1$ Reference#_ Sale #2$Reference# 0 8. I notified the merchant on ___ /___ /-_(MM/DD/YY) to cancel the pre-authorized order (reservation). Please note cancellation#andifavailable, enclose acopy ofyourcontract and a copy ofyour telephone bill showing date and time of cancellation. Reason for cancellation/ cancellation#: O 9. Although I did engage in the above transaction, I have, contacted the merchant for credit. The services to be provided on _ /__ /_(MM/DD/YY) were not received or were unsatisfactory. Attach a letter describing the services expected, your attempts to resolve with the merchant and a copy of your contract. 010. I certify that I do not recognize the transaction. Merchants often provide telephone numbers next to their name on your billing statement. Please attempt to contact the merchant for information. 11. Ifyour dispute is for a different reason, please contact us at the above telephone number. SiimatLire(reguiredl_ - --- -- -- Dade; - -- - - Beet contact telepbonei_____ Billing rights are only preserved by written inquiry. To preserve your billing rights, please return a copy of this form and any supporting information regardingthe merchant charge in question to: Attn: Billing Inquiries, P.O. Box 16088, Wilmington, DE 1985&5088, USA. PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMENT. GRACE PERIOD/PAYING INTEREST "Grace Period" means the period of time during a billing cycle when you will not accrue interest on certain transactions or balances. There is no Grace Period for Balance Transfers or Cash Advances. If you pay in full this statement's New Balance Total by its Payment Due Date and if you paid in full this statement's Previous Balance in this statement's billing cycle, then you will have a Grace Period during the billing cycle that began the day after this statement's Closing Date on the Purchase portions of this statement's New Balance Total, Ifyou do not pay in full this statement's New Balance Total by its Payment Due Date but you paid in full this statement's Previous Balance by its Payment Duo Date, then you will have a Grace Period during the billing cycle that began the day after this statement's Closing Date on the amount of the purchase balance you pay by the Payment Due Date following our payment allocation method. CALCULATION OF BALANCES SUBJECT TO INTEREST RATE Average Balance Method (including new Balance Transfers and new Cash Advances): We calculate separate Balances Subject to an Interest Rate for Balance Transfers, Cash Advances, and for each Promotional Offer balance consisting of Balance Transfers or Cash Advances. We do this by: (1) calculating a daily balance for each day in this statement's billing cycle; (2) calculating a daily balance for each day prior to this statement's billing cycle that had a "Pre-Cycle balance"-a Pre-Cycle balance is a Balance Transfer or Cash Advance with a transaction date prior to this statement's billing cycle but with a posting date within this statement's billing cycle; (3) adding all the daily balances together; and (4) dividing the sum of the daily balances by the number of days in this statement's billing cycle. To calculate the daily balance for each day in this statement's billing cycle, we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiphed by the previous day's daily balance, add new Balance Transfers, new Cash Advances and Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. To calculate a daily balance for each day prior to this statement's billing cycle that had a Pre-Cycle balance, we take the beginning balance attributable solely to Pre-Cycle balances (which will be zero on the transaction date of the first Pre-Cycle balance), add an amount equal to the applicable Dally Periodic Rate multiplied by the previous day's daily balance, and add only the applicable Pre-Cycle balances, and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles. Average Daily Balance Method (including new Purchases): We calculate separate Balances Subject to an Interest Rate for Purchases and for each Promotional Offer balance consisting of Purchases. We do this by; (1) calculating a daily balance for each day in the billing cycle; (2) adding all the daily balances together; PAYMENTS We credit mailed payments as of the date received, if the payment is: (1) received by 5 p.m. local time at the address shown on the remittance slip on the front of your monthly statement; (2) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (3) sent in the return envelope with only the remittance portion ofyour statement accompanying it. Payments received by mail after 5 p.m. local time at the remittance address on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. Payments made online or by phone will be credited as of the date of receipt if made by 5 p.m. Central time. Credit for any other payments may be delayed up to five days. No payment shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers. We process most payment checks electronically by usingthe information found on your check, Each check authorizes us to create a one-time electronic funds transfer (or process it as a check or paper draft). Funds may be withdrawn from your account as soon as the same day we receive your payment. Checks are not returned to you. For more information or to stop the electronic funds transfers, call us at the number listed on the front. Ifyou have authorized us to payyour credit card bill automatically from your savings or checking account with us, you can stop the payment on any amount you think is wrong. To stop payment, your letter must reach us at least three business days before the automatic payment is scheduled to occur. and (3) dividing the sum of the daily balances by the number of days in the billing cycle. To calculate the daily balance for each day in this statement's billing cycle, we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, add new Purchases, new Account Fees, and new Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. If the Previous Balance shown on this statement was paid in full in this statement's billing cycle, then on the day after that payment in full date, we exclude from the beginning balance new Purchases, new Account Fees and new Transaction Fees which posted on or before that payment in full date, and we do not add new Purchases, new Account Fees, or new Transaction Fees which post after that payment in full date. We include the fees for credit card debt cancellation or credit insurance purchased through us in calculating the beginning balance for the first day of the billing cycle after the billing cycle in which such fees are billed. TOTAL INTEREST CHARGE COMPUTATION Interest Charges accrue and are compounded on a daily basis. To determine the Interest Charges we multiply each Balance Subject to Interest Rate by its applicable Daily Periodic Rate and that result by the number of days in the billing cycle. To determine the total Interest Charge for the billing cycle, we add the Periodic Rate Interest Charges together. A Daily Periodic Rate is calculated by dividing an Annual Percentage Bate by 365. HOW WE ALLOCATE YOUR PAYMENTS If your account has balances with different APRs, we will allocate the amount of your payment equal to the Total Minimum Payment Due to the lowest APR balances first (including transactions made after this statement). Payment amounts in excess of your Total Minimum Payment Due will be applied to balances with higher APRs before balances with lower APRs. IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE When using the optional Pay-by-Phone service,you authorize us to initiate an electronic payment from your account at the financial institution you designate. Youmust authorize the amount and timing of each payment. For your protection, we will ask for security information. A fee may apply. To cancel, call us before the scheduled payment date. Same-day payments cannot be edited or canceled. MISCELLANEOUS For the complete terms and conditions of your account, consult your Credit Card Agreement. FIA Card Services is a tradename of FIA Card Services, N.A. This account is issued and administered by FIA Card Services, N.A. If your billing address orcontact information has changed, or if your address is incorrect as it appears on this bill, please provide all corrections here. Address 1 Address 2 _ City state Area Code & Home Phone Area Code & Work Phone BankofAmedca 4888 9400 3707 6136 July 9 - August 6, 2010 Page 3 of 4 Transaction Posting Reference Account Date Date Description Number Number Interest Charged 08/06 08/06 Interest Charged on Purchases TOTAL INTEREST FOR THIS PERIOD 2010 Totals Year-to-Date Total fees charged in 2010 $312.00 Total interest charged in 2010 $1,774.92 Your balance exceeds the credit limit. Your Annual Percentage Rate (APR) is the annual interest rate on your account. Amount Total 225.65 $225.65 Annual Promotional Promotional Balance Interest Percentage Transaction Offer ID Subject to Charges by Rate Type Interest Transaction Rate Type Balance Transfers 29.998 $ 0.00 $ 0.00 Cash Advances 29.998 $ 0.00 $ 0.00 Purchases 29.998 $9,470.21 $225.65 BankofAmedca Mn?• ?1?• sx. RANDY A JOHNSON Account Number: 4888 9400 3707 6136 April 8 - May 6, 2010 Account Information: www.bankofamerica.com Mail billing Inquiries to: BANK OF AMERICA P.O. BOX 15026 WILMINGTON, DE 19850-5026 Mail payments to: BANK OF AMERICA P.O. BOX 15019 WILMINGTON, DE 19886-5019 Customer Service: 1.8W.869.0564 (1.800.222.7365 TTY) New Balance Total .....................................................................$8,909.33 Current Payment Due .....................................................................$336.00 Past Due Amount .......................................................................$1,149.00 Total Minimum Payment Due .......................................................$1,485.00 Payment Due Date ..........................................................................6/4/10 Previous Balance ........................$8,859.01 Payments and Other Credits ..............: 200.00 Purchases and Adjustments ....................0.00 Fees Charged .................................................39.00 Interest Charged ..........................................21132 New Balance Total ........................$8,909.33 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $39.00. Credit Line ....................................$8,500.00 Minimum Payment Warning: If you make only the minimum payment each Statement Closing Date ......................5/6/10 period, you will pay more in interest and it will take you longer to pay off your Days in Billing Cycle ..................................29 balance. For example: Transactions Transaction Posting Reference Account Date Date Description Number Number Amount Total Payments and Other Credits 04/23 PAYMENT -200.00 -$200.00 Fees 05/04 05/04 LATE FEE FOR PAYMENT DUE 05/04 8659 39.00 TOTAL FEES FOR THIS PERIOD $39.00 Interest Charged 05/06 05/06 Interest Charged on Balance Transfers 0,00 05/06 05/06 Interest Charged on Cash Advances 0.00 continued on next page... 06 0089093300148500000200000004888940037076136 BANK OF AMERICA P.O. BOX 15019 WILMINGTON, DE 19886-5019 RANDY A JOHNSON 1210 EDINBURG CIR NEW CUMBERLAND PA 17070-2248 Account Number: 4888 9400 3707 6136 New Balance Total ..........................................................$8,909.33 Minimum Payment Due ......................................................1,485.00 Payment Due Date ...................................................06/04/10 Enter payment amount $ Check here for a change of mailing address or phone numbers. Please provide all corrections on the reverse side. Mail this coupon along with your check payable to: BANK OF AMERICA t:5 240 2 2 2 50II: L28800 3 70 7613GO If you would like information about credit counseling services, call 1-866-300.5238. IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE311 Rev. 02/10 CUSTOMER STATEMENT OF DISPUTED ITEM -Please calltoU•free 1.866.266.0212Mw dayThursday 8 am.-9 p.m., Friday 8 a.m: 7 p.m. and Saturday 8 a.m.-6p.m. Eastern. f For prompt service, please have the merchant reference number(s) available for the charge(s) in question. PLEASE DO NOT ALTER WORDING ON THIS FORM AND DO NOT MAIL YOUR LETTER OR FORM WITH YOUR PAYMENT. Choose only one dispute reason. Your Name: Account Number: Transaction Date: _ -- _-- -- _-_-- --, - - Reference Number: Amount $: Disputed Amount$:_--__._-__----_ Merchant Name: _ 0 1. The. amount of the charge was increased from $_ to $-_ or my sales slip was added incorrectly. Enclosed is a copy of the sales slip that shows the correct amount. 0 2. I certify that the charge listed above was not made by me or a person authorized by me to use my card, nor were the goods or services represented by the transaction received by me or a person authorized by me.. l? 3.1 have not received the merchandise that was to be shipped to me on,_-- /_„-_ /.-„(MM/DD/YY). I have asked the merchant to credit my account. 0 4. I was issued a credit slip that was not shown on my statement. A copy of my credit slip is enclosed. The merchant has up to 30 days to credit your account. Q 5. Merchandise that was shipped to me has arrived damaged and/or defective. I returned it on .... /, - /_ (MM/DD/YY) and asked the merchant to credit my account. Attach a letter describing how the merchandise was damaged and/or defective and a copy of the proof ofreturn. 0 6. Although I did engage in the above transaction, I have contacted the merchant, returned the merchandise / ___ /__ (MM/DD/YY) and requested a credit. I either did not receive this creditor it was unsatisfactory. Attach a letter explaining whyyou are disputing this charge with a copy oftheproofofreturn. Ifyou axe unable to return the merchandise, please explain. l? 7. I certify that the charge in question was a single transaction, but was posted twice to my statement. I did not authorize the second transaction. Sale #1$ - - Reference; _. --- _ _ Sale #2 $-_.. ___-_ Reference#____ _ D S. I notified the merchant on-.__ /- /__ (MM/DD/YY) to cancel the pre-authorized order (reservation). Please note cancellation # and if available, enclose a copy of your contract and a copy ofyour telephone bill showing date and time of cancellation. Reason for cancellation/ cancellation#: _ © 9. Although I did engage in the above transaction, I have contacted the merchant for credit. The services to be provided on _ /- -_ /_(MM/DD/YY) were not received or were unsatisfactory. Attach a letter describing the services expected, your attempts to resolve with the merchant and a copy of your contract. l? 10. I certify that I do not recognize the transaction. Merchants often provide telephone numbers next to their name on your billing statement. Please attempt to contact the merchant for information. D 11. If your dispute is for a different reason, please contact us atthe above telephone number. Sign4Wre-Um Vir€d)_• - -- -Date: --- --Home-11; Billing rights are onlypreserved by written inquiry. To preserve your billing rights, please return a copy of this form and any supporting information regarding the merchant charge in question to: Attn: Billing Inquiries, P.O. Box 15026, Wilmington, DE 19eb0-6026,USA. PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMENT. GRACE PERIOD "Grace Period" means the period of time during a billing cycle when you will not accrue interest on certain transactions or balances. There is no Grace Period for Balance Transfers or Cash Advances. If you pay in full this statement's New Balance Total by its Payment Due Date and if you paid in full this statement's Previous Balance in this statement's billing cycle, then you will have a Grace Period during the billing cycle that began the day after this statement's Closing Date on the Purchase portions of this statement's New Balance Total. Ifyou do not pay in full this statement's New Balance Total by its Payment Due Date butyou paid in full this statement's Previous Balance by its Payment Due Date, then you will have a Grace Period during the billing cycle that began the day after this statement's Closing Date on the amount of the purchase balance you pay by the Payment Due Date following our payment allocation method. CALCULATION OF BALANCES SUBJECT TO INTEREST RATE Average Balance Method (including new Balance Transfers and new Cash Advances); We calculate separate Balances Subject to an Interest Rate for Balance Transfers, Cash Advances, and for each Promotional Offer balance consisting of Balance Transfers or Cash Advances. We do this by: (1) calculating a daily balance for each day in this statement's billing cycle; (2) calculatinga daily balance for each day prior to this statement's billing cycle that had a "Pre-Cycle balance"-a Pre-Cycle balance is a Balance Transfer or Cash Advance with a transaction date prior to this statement's billing cycle but with a posting date within this statement's billing cycle; (3) adding all the daily balances together; and (4) dividing the sum of the daily balances by the number of days in this statement's billing cycle. To calculate the daily balance for each day in this statement's billing cycle, we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied bythe previous day's daily balance, add new Balance Transfers, new Cash Advances and Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. To calculate a daily balance for each day prior to this statement's billing cycle that had a Pre-Cycle balance, we take the beginning balance attributable solely to Pre-Cycle balances (which will be zero on the transaction date of the first Pre-Cycle balance), add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, and add only the applicable Pre-Cycle balances, and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles. Average Daily Balance Method (including new Purchases); We calculate separate Balances Subject to an Interest Rate for Purchases and for each Promotional Offer balance consisting of Purchases. We do this by; (1) calculating a daily balance for each day in the billing cycle; (2) adding all the daily balances together; PAYMENTS We credit mailed payments as of the date received, if the payment is: (1) received by 5 p.m. local time at the address shown on the remittance slip on the front of your monthly statement; (2) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (3) sent in the return envelope with only the remittance portion ofyour statement accompanying it. Payments received by mail after 5 p.m. local time at the remittance address on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. Payments made online or by phone will be credited as of the date of receipt if made by 5 p.m. Central time. Credit for any other payments may be delayed up to five days. No payment shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers. We process most payment checks electronically by using the information found on your check. Each check authorizes us to create a one-time electronic funds transfer (or process it as a check or paper draft). Funds may be withdrawn from your account as soon as the same day we receive your payment. Checks are not returned to you. For more information or to stop the electronic funds transfers, call us at the number listed on the front. If you have authorized us to pay your credit card bill automatically from your savings or checking account with us, you can stop the payment on any amount you think is wrong. To stop payment, your letter must reach us at least three business days before the automatic payment is scheduled to occur. and (3) dividing the sum of the daily balances by the number of days in the billing cycle. To calculate the daily balance for each day in this statement's billing cycle, we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, add new Purchases, new Account Fees, and new Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. If the Previous Balance shown on this statement was paid in full in this statement's billing cycle, then on the day after that payment in full date, we exclude from the beginning balance new Purchases, new Account Fees and new Transaction Fees which posted on or before that payment in full date, and we do not add new Purchases, new Account Fees, or new Transaction Fees which post after that payment in full date. We include the fees for credit card debt cancellation or credit insurance purchased through us in calculating the beginning balance for the first day of the billing cycle after the billing cycle in which such fees are billed. TOTAL INTEREST CHARGE COMPUTATION Interest Charges accrue and are compounded on a daily basis. To determine the Interest Charges we multiply each Balance Subject to Interest Rate by its applicable Daily Periodic Rate and that result by the number of days in the billing cycle. To determine the total Interest Charge for the billing cycle, we add the Periodic Rate Interest Charges together. A Daily Periodic Rate is calculated by dividing an Annual Percentage Rate by365. HOW WE ALLOCATE YOUR PAYMENTS If your account has balances with different APRs, we will allocate the amount of your payment equal to the Total Minimum Payment Due to the lowest APR balances first (including transactions made after this statement). Payment amounts in excess ofyour Total Minimum Payment Due will be applied to balances with higher APRs before balances with lower APRs. IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE When using the optional Pay-by-Phone service, you authorize us to initiate an electronic payment from your account at the financial institution you designate. You must authorize the amount and timing of each payment. For your protection, we will ask for security information. A fee may apply. To cancel, call us before the scheduled payment date. Same-day payments cannot be edited or canceled. MISCELLANEOUS For the complete terms and conditions of your account, consult your Credit Card Agreement. FIA Card Services is a tradename of FIA Card Services, N.A. This account is issued and administered by FIA Card Services, N.A. If your billing address or contact information has changed, or if your address is incorrect as it appears on this bill, please provide all corrections here. Address 1 Address 2 City State Area Code & Home Phone Area Code & Work Phone ¦ BankofAmedca • SIA SH. 4888 9400 3707 6136 April 8 - May 6, 2010 Page 3 of 4 Transactions (.or u,-?c; Transaction Posting Reference Account Date Date Description Number Number Amount Total Interest Charged 05/06 05/06 Interest Charged on Purchases 211.32 TOTAL INTEREST FOR THIS PERIOD $211.32 2010 Totils Year-to-Date Total fees charged in 2010 $195.00 Total interest charged in 2010 $1,078.87 Your balance exceeds the credit limit. Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Promotional Promotional Balance Interest Percentage Transaction Offer ID Subject to Charges by Rate Type Interest Transaction Rate Type Balance Transfers 29.99% $ 0.00 $ 0.00 Cash Advances 29.99$ $ 0.00 $ 0.00 Purchases 29.998 $8,868.69 $211.32 EXHIBIT B CERTIFICATE OF PURCHASE 1, PETER HUBER , hereby depose and state that: 1, 1 am an Authorized Agent of CACH, LLC, a Colorado Limited Liability Company. 2. As such, I am authorized to give this Certificate, and possess sufficient personal knowledge to do so regarding: Customer Name: RANDY A JOHNSON Original Creditor: Bank of America, N.A. Account Number: 4888940037076136 3. On or about September 22, 2010 this account was sold by the creditor. CACH, LLC is the current owner of the account and purchased the account for good and valuable consideration. AUG 2: 1 X011 Date: By: Sworn and subscribed to before me this day of 2611! Notary ublic `?'?.?? ?''•? ?;?sa rya; •.?,b? c AFFIDAVIT OF SALE AND CERTIFICATION OF DEBT STATE OF NORTH CAROLINA CITY OF GREENSBORO FIA Card Services, N.A. Accountholder: JOHNSON, RANDY A Account No(s), 4888940993709233, 4888940037076136 The undersigned, Justin S Taro, being duly sworn, states and deposes as follows: 1. That Affiant is employed by FIA Card Services, N.A. in the position of Bank Officer, has personal knowledge of the manner and method by which FIA Card Services, N.A. maintains its normal business book and records, and is duly authorized to make this affidavit. 2. That the contents of this affidavit are believed to be true and correct based on the computerized and hard copy books and records of FIA Card Services, N.A., maintained in the ordinary course of business, with the entries in them having been made at or near the time of the transaction recorded. 3. That FIA Card Services, N.A. is a wholly owned subsidiary of Bank of America Corporation and is successor in interest to MBNA America Bank NA, Fleet Bank (RI), and Bank of America, National Association (USA). 4. That the account records of FIA Card Services, N.A. show that: a. Account number 4888940993709233, formerly account number 4888940037076136, was opened on 07/23/07 by RANDY A JOHNSON. b. Pursuant to the terms of the card member agreement with FIA Card Services, N.A , there was due and payable $9622.38 as of the charge off date of 08/31/10 C. Said agreement and account was, on 9/17/2010, sold, transferred and set over unto CACH, LLC, with full authority to do and perform all acts necessary for collection, settlement, adjustment, compromise or satisfaction of the said claim, and as of that date, there was due and payable on this Account the sum of $9622.38, with all just and lawful offsets, payments, and credits having been allowed. d. There were no uncredited, payments, just counterclaims or offsets against said debt when sold. 5. That as a result of the sale of said account, CACH, LLC and/or its authorized Agent, has complete authority to settle, adjust, compromise and satisfy same, and that FIA Card Services, N.A. has no further interest in the account for any purpose. 6. That the original contract in this matter may not be available, or no longer accessible to Affiant. DATED THIS day of J U L 0 1 2011 , 2011 FIA Card Services, N. By: --- B Officer Subscribed and sworn to before me this day of 1 2011 2011 My commission ALICUUMOMOLSON Notary Public Guilford C,eunty, NC My Commission Expires Oct. 20, 2014 1726_ CACH, LLC_6/20/2011 • Imkof F.T C Ame*a $AU AnrQ- MQMQf A145 • • 11m nrrd T Assignor ("" i ") an and as of the daft bmwf h=by ebaoImly Okla, tramhm am4m at-mr, gLdwlaim and convoys to CAC1, LLC, a Umiapd Liability Compmy orgddd under the laws of Colamio ("bad ") with= reooww and vAdmut p m F 0110PA or WEMOM of my • kind, d mum or newt expuesa or implied, nNect to Buyer's npucehaae noo as set fm* in Secdw S. I and 8.3. Wi of Amim Is ri" We and k6fteg in atd to aach of the loans ideodite l in the loan schedule . Low Sche?duld"} attaehed hm o (016 JAW"), Wpdker witb the e t to all pd=W, intmat or otbar pcocooda of mqr kkd with impe t to dw Enna: mnaWmg due and owing as of t'be Cut-Of bade appHeablo ov mh Loans as so forth in In Lom Sob ftmment pumumt to %%ch the Leans we being gold (mduclittg but not limieml to pmo do d mWM ftm the r+drt++er`siao~ V'4d brp or involrmfty, of any of tlw Lofts iom cash ar odw figuiclatad pr ty)- DATED: Sepbwftr 23,20 14. Oh RiddUM Bill 41 IV16 519504 ASSIGNOR; FIA+CARD SERVICES' NA. N me: De %m Tdh: Vint Pi*Ww r" 2ft go %m&cf 4mmkm, met Wm omrk d Uk 906 ftw ME PMA NFM&k aB twu awwn w EXHIBIT C FEDERALLY REQUIRED AFFILIATE MARKETING NOTICE YOUR CHOICE TO LIMIT MARKETING The Bank of America companies listed (see below) are providing this notice. Real Estate HomeFocus Services, LLC Administrative Services LaSalle Healthcare Administrative Services, LLC Federal law gives you the night to limit some but not Merchant Services all marketing from all the Bank of America BA Merchant Services, LLC affiliated companies. Federal law also requires us to LaSalle Merchant Services, LLC give you this notice to tell you about our choice to Imnit marketing *om all the Bank oMerica affiliated companies. You may limit all the Bank of America affiliated companies, such as the banking, loan credit card, insurance and securities companies, 9m marketing their products or services to you based upon your Personal information that their receive fiam other ank of America companies. This information includes your income, your account history, and your credit score. • Your choice to limit marketing offers from the Bank of America affiliated companies will apply for at least 5 years from when you tell us your choice. Beforelyour choice to limit marketing offers expires, you will receive a renewal notice that will allow you to continue to limit marketing offers from all the Bank of America affiliated companies for at least another 5 years. • You may tell us your choice to limit marketing offers, and you may, tell us the choices for other customers who are joint account holders with you. • This limitation will not apply in certain circumstances, such as when you have an account or service relationship with the Bank of America company that in marketing to you. • For individuals with business purpose accounts, this limitation will only apply to marketing to individuals and not marketing to a business. To limit marketin offer Effective October 1, s, contact us at 800.874.2632 008 Banks and Trust Companies Bank of America, NA LaSalle Bank National Association LaSalle Bank Midwest National Association Credit Card Bank of America Consumer Card Services, LLC Bank of America Fleet Credit Card Services, L.P. Insurance and Annuities BA Insurance Services, Inc. Banc of America *kgency of Texas, Inc. Banc of America nssuurrance Services, Inc., dba Banc of America Insurance Agency General Fidelity Insurance Company General Fidelity Life Insurance Company LaSalle Financial Services, Inc. dba LaSalle Insurance Services Broke a and Investments BACAP?ternative Advisors, Inc. Bank of America Capital Advisors LLC Banc of America Investment Advisors, Inc. Banc of America Investment Services, Inc. Banc of America Securities LLC LaSalle Financial Services, Inc. U.S. Trust HedLe Fund Management, Inc. UST Securities Corp. continued) BANK OF AMERICA PRIVACY POLICY FOR CONSUMERS 2005 To learn more about how Bank of America manages Customer Information and what actions you can take, please continue reading. Tlsia document includes information about: 1. Making the security of information a priority 2. Collecting your information 3. Managing information about you 4. Making sure information is accurate 5. Honoring your preferences 6. Actions you can take 7. Guarding your own information 8. Bank of America companies This policy covers Customer Information, which means persoddly identifiable information about a consumer or a consumers current or former customer relationship with Bank of America. This poli cy is provided to you as required by the Federal Financial Privacy Law and applies to our companies identified in Section 1, Bank of America companies. 1. Makin the security of information a priority Keeping financial information secure is one of our most za do important two pr t C pustoml? er IIn' formation- Ap ropriate employees are authorized to access Customer I brmation for lsusmess purposes only. Our employees are bound by a ode of ethics that requires confidential treatment of Customer Information and are subject to disciplinary action if they fail to follow this code. 2. Collecting information we collect and use various types of information about you and your accounts to service your accounts, save you time and money, better respond to your needs and manage our business and risks. Customer Information in categonzed in the following six ways: A. Identification Information - information that identifies you, such as name, address, telephone number and Social Secuntq number. B. Apptication Information - information you provide to us on applications and through other means that will help us determine if you are ehgible for products you request. Examples include assets, income and debt. C. Transaction and erience Information - information about transactions an account experience, as well as information about our communications with you. Examples include account balances, payment history, accouat usage D. Consumer Report Information - information from a consumer report. Examples include credit score and credit history. from Qutside Sources - information from outside sources r@g82 employment, credit and other relationshipa that sill p us determine if you are eligible for praduels- you request. Examples include employment history, loan balances, credit card balances, Property insurance cavera?e and other verifications. F. Other Genamil Information - information from outside sources, such as data from public records, that is not assembled or used for the purpose of determining eligibility for a product or service. As required by the USA PATRIOT Act, we also collect information and take actions necessary to verify your identification. 3. Ma>gagiMinformation Manaip information within. Bank of America p includ g fiAmeri nanca l sece®r provider s , nsuucch as our b? rokessga' company and credit card company, and nonfutaneial companies, such as our operatwno and servicing subAdiaries. Bank of America may share any of the categories of Customer Information among our companies. For example, sharing information allows us to use information about your ATM, credit card and check-card transactions to identify any unusual activity and then contact you to determine of your card has been lost or stolen. We occasional) receive medical or health information from a customer if, for example, a customer applies for insurance from us. We also may obtain information from insurance support organizations not affiliated with Bank of America that prepare and provide reports to others as well as to us. We do not share medical or health information among our companies, except to maintain or collect on accounts, process transactions, service customer requests or perform insurance functions to the extent permitted by law. Managing information with companies that work for us We may share any of the categories of Customer Information with companies that work for us, including companies located outside the United States. AII nonafBiiated companies that act on our behalf and receive Customer Information from us are contractually obligated to to use the Customer information we share only to provide the services we ask them to perform. These companies may include financial service providers, such as payment processing companies, and nonfinancial companies, each as cheek printing and data processia companies. In addition, we may share any of the categories of Customer Information with companies that work for us in order to provide market pport and other services, such as a service provider t?dietributes marketing materials. These campamcs may help us to market our own products and services or other products and services that we believe may be of interest to you. Please note that some of our own scoe?fess u well?de marketing support and other Sharing information with third parties (for customers with credit cards and Sponsored Accounte) We may share Identification Information, Transaction and Hence Information, as well as Other General Information we collect about each of your (1) Bank of America credit card account(s) and (2) Sponsored Accounts at Bank of America, with selected third parties. 1. Credit card account information, whether co-branded or not may be shared with third parties. 2. Sponsored Account information may be shared with third parties. Sponsored Accounts are non-credit card accounts or services provided by Bank of America that are also endorsed, co-branded or sponsored by other organizations F-- lea of these organizations include colleges, sport?r?g teams retailers and other affinity organisatiane, such as changes. Sponsored Accounts may include de accounts or other banking cervices provided by Bank of America, such as a sayings account co-branded with an automobile club. You will barrow whether an account is a Sponsored Account by the appearance of the name or logo of the sponsoring o gania?on on account materials, such as statements and marketing inaaterlals. If you are unsure whither any o?r? ?your accounts are $ onsored Accounts, please contact 1.SSS.341.5000. we may share information about credit cards and Sponsored Accounts with selected third parties, including: Financial services companies (such as insurance agencies or companies and mortgage brokers and or ons with whom we have agreements to o ntlyn?ytu**t financial products); • 'Nonfmancial companies (such as retailer- travel companies and membership pins); and Other companies (such as nonfr fit organizations). The sharing of information, as described in this section is limited to credit card and Sponsored Account information. Please we Section 4, Honoaruig your preferences to learn how you map choose to opt out of tlria sHazing. Diaelesing information in other situations We also mayy disclose any of the categories of Customer Information to credit bureaus and similar organizations and red or permitted by law. For example, Customer may be disclosed in connection with fraud or investigation, risk management and security, nQ mortimees in public records. 4. Honoring your preferences You have choices when it comes to how Bank of America Sharing information with third parties (for customers with credit cards and Sponsored Accounts) If you have a Bank of America credit card or Sponsored Account, you may request that we not share information about these accounts with third parties. If you request that we not share information with third parties, we may still share information: When permitted or required by law as discussed in Section 3 under Disclosing information in other With our service providers as discussed in Section 3 under Managing information with companies that work for us; and With other financial companies with whom we have joint marketingg agreements. If you have multiple credit cards or Sponsored Accounts, you will need to express your preference for each account separately. When any customer on a joint account requests that we not share with third parties, that preference is applied to the entire account. Sharing among Hank of America companies You may request that Application Information, Consumer wort iniformation and Information from Outside Sources not be shared among Bank of America companies. For sharing among Bank of America companies, each customer may tell us his or her references individually, or you may tell us the preferences for any other customers who are joint account owners with you. You may choose not to receive direct marketing offers - sent by postal mail, telephone and/or e-mail -from Bank of America These preferences app)yy to all marketing offers from us and from companies worldag for. us. To minimise the amount of telephone solicitation our customers receive Bank of America does not offer nonfinancial products ii d services through telephone solicitations. Direct marketin offers from us may include information about products and services we believe may be of interest to you. If you elect not to receive direct marketingg offers by postal mail, telephone and/or e-mail, please note that we may continue to contact you as necessary to service your account and for other nonmar purpose& You may also be contacted by your client tionsbi'pmanager or assigned account representative, if applicable. Bank of America may also continue to provide marketing information in your regular account mailings and statements, including online and ATM communications. Each customer may opt out of each direct marketingyoAti individually. Since marketing Irograme may sires bee progress, i ma take up to 1 weeks for your postal mail opt-out, to be I effective. When you opt out of direct marketiYg by p mail or telephone, your opt-out will last for five `5) years. After that, you may choose to renew ouropt-out or another five-year period. You you can take You can to us your preferences by N us at ban>tofamerlca.comipriva and entering your information on our secure Web site Calling us toll free at 1.888.341.5000 Tailing to a customer representative at a banking center or to your client relationship manager 8. Guarding your own information Bank of America recommends that you take the followsn? precautions to guard against the disclosure and unauthorized use of your account and personal information: Review your monthly account statements and report any suspicious activity to us immediately. Do not respond to e-mail?reequesting account numbers, passwords or PINs. Call the institution to verify the le 't' of the e-mail. Memorize P1a and refrain from writing PINS. Social Security numbers debit or credit card numbers where they could be found. Shred documents containing any sensitive information before discarding, e.g. bank statements. Confirm that an Internet site is secure by cheeping that the URL (Web address) begins with "https". Review your credit report at least once every year to make sure all information is.up to date. For a free copy of your credit bureau report, contact www.aianualcreditrepprt.com or call 1.877.322.8228. If you think you have been a victim of identity theft or fraud, you ma contact the Federal Trade Commission VS to report any incidents and to receive additional guidance on steps you can take to protect yourself. Contact the FTC at www.cousumer.gov/idtheft or 1.877.438.4338. For additional information on nrotectirw your Seeping up to date We may make changE inform you of change most up-to-date Privt at: banlwfamenca.com 7. Bank of America This Privacy Policy ap comppanies flint have u Ban7ts and Trust Col Bank of America. NA. our rrivacy roncy this poll at any time and will required by law.,To receive the olicy, you can visit our Web site tev or call us at 1.888.341.5000. Compan of Delaware, N.A. mvanv. N.A. he following Bank of America customer relationships: Consumer Card Services, LLC I Services, L.P. Of of of a LLC i, Inc.. sors, Inc. ices, Inc. LLC )ra, Inc. sent. L.P. Of -went, LLC Management, Inc. t Advisors LLC ties him r'of Nevada Inc. r of Texas, l'ric. trance Services, Inc., dba Banc of Insurance Agency, LLC rote Dompany For a current list of Bank of America companies that have consumer customer relationships and to which this polic?y applies, please visit our Web site at, bankofameriea.com/priva This policy ap lies to consumer customer relationships established in the >?nited States and is effective January 1 2008. This notice constitutes the Bank of America IIo Rot Call Policy under the Telephone Consumer Protection Act for all consumers and is pursuant to state law. You may have other privacy protections under state laws, such as Vermont and California. To the extent these state laws apply, we will comply with them with regard to our information practices. For Nevada residents only. Nevada lave reatr es that we also provide -you with the following ?_coutacf information: Bureau of nsumer Protection. t7Tee of the Nevada Attorney General, 555 East Washington Street, Suite 3900, w J NV 99101; phone number: 702.488.3132; e-mail: ag.state.nv,us. Bank of America, PO Box 25118, For Vermont and California residents only. The information sl}aring practices described above are in accordance with federal law. Vermont and California law lace additional limits on sharing information about Vermont and California residents so long as they remain residents of those states Vermont: In accordance with Vermont law Bank of America will not share information we collect about Vermont residents with -companies outside of Bank of America, except as permitted by law, such as with the consent of the customer, to service the customer's accounts or to other financial institutions with which we have ]joint marketing agreements. Bank of America will not share Application reformation Consumer Report Information and Information from OU'tWAe Sources about Vermont residents among the Bank of America companies except with the authorization or consent of the Vermont resident. California: In accordance with California law, Bank of America will not share information we collect about California residents with companies outside of Bank of America, except as permitted -by law, such as with the consent of the customer, to service the customer's accounts, or to fulfill on rewards or benefits. We will limit sharing among our companies to the extent required by applicable California law. Estes normas estdn disponibles en espadol a travos de la sucursal bancaria de su localidad 0 2007 Bank of America Corporation. CREDIT CARD AGREEMENT YOUR CONTRACT WITH US Promise To Pay, and How We Allocate Your Payments) We reserve the rig4t to cha%X the terms o this Agreement q? a:%, time, asLu er described n the section titled We y Amend is Agreement. WORDS USED OFTEN IN THIS AGREEMENT "Access check" means a check we provide to you to obtain credit on your account. document and oany "changes we makeito this tdocument from time to time. "APR." means the correspondsg Annual Percentage Rate. The APR corresponds to the Igsily Periodic Rate ("DPR") which is calculated by dividing the corresponding APR by 365. "Card" means all the credit cards we issue to you and to any other person with authorization for use on this account pursuant to this Agreement. "Default Rate" means the APR(s) which may be applied to Balance Transfers, Cash Advances, and Purchases without further notice in certain instances of your default, as described in the section titled, Annual Percentage Rates "Foreign Transaction" means any transaction made in a foreign currency (including, for example, online purchases from foreign merchants). "Grace Period" means the period of time during a billing cycle when you will not accrue Periodic Rate Finance Charges on certain transactions or balances. 'New Balance Total" means the total billed amount as of the Closing Date of a billing cycle, as shown on our monthly statement. To determine the New Balance Total, we start with the total balance at the beginning of the billing cycle, which is the "Previous Balance. Then we Advances, pBitlance T>ansfers, Purch??and Aadd Cash and finance charges. djuetmente "Pay in Full" or "Paid in Full" means payments and credits in a billing cycle totaling at least your previous billing cycle"e New Balance Total. In general, Pay in Full must be made by the Payment Due Date in order to get a Grace Period. "Promotional Offer" means limited time introductory or promotional offers on certain Balance Transfers, Cash Advances or Purchases at APRs that are tower than the Standard Rates for those features ("Promotional Rates") and may be subject to other conditions. Promotional Offers may also iacluaae limited time introductory or, promotional transaction fees ("Promotional Fees") which may be higher of lower than the standard fees provided in the eccEion titled Transaction Fee Finance Charges OTHER TERMINOLOGY We will use the definitions described under the section heading Words Used O/ n In This Agreement or as otherwise defined in this Agreement. If we use a capitalized term in this document but we do not define the term in this document, the term has the meaning as used In your monthly statement. We use section headings (e.g., Words Used Own In This Agreement) to organize this Agreement. The headings are for reference purposes only. HOW TO USE YOUR ACCOUNT You may obtain credit in the form of Balance Transfers, Cash Advances, and Purchases by using cards, access checks, your account number, or other credit devices. "Balance Transfer" means a transfer of funds to another creditor initiated by us at your re nest. A Balance Transfer Advance Balance Tra era ionclude T anosa?on FeesCand adjustments associated with any Balance Transfer. "Cash Advance" means the use of your account for a loan obtained: L at an automated teller machine ("ATM Cash Advance"); 2. by a transfer of funds to a deposit account initiated by us at your request. ("Direct Deposit"). A .Direct Deposit does not include an Overdraft protection Cash Advance or a same day online funds transfer; 3. at any financial institution (e.g., to obtain cash, money orders, wire transfers, or travelers checks), by a same day online funds transfer to a deposit account, and at any non-financial institution (to obtain cash) ("Bank Cash Advance"); 4. as part of an Overdraft Protection Program -- a transfer of funds to a deposit account pursuant to an overdraft protection program ("Overdraft Protection Cash Advance"); 5. to buy "Cash Equivalents" (i.e., foreign currency, money orders or travelers checks from a non-financial institution, or person to person money transfers, bets, lottery tickets, casino gaming chips, fines or bail bonds) with your card; 6. by an access check You sign as drawer C'Check Cash Advance'7; 7. for any payment you make to us that is returned to us unpaid for any reason, including the related finance charges ("Returned Payment'9: "Standard Rate" means the APR(s) normall "Cash Advance" includes Transaction Fees and adjustments Balance Transfers, Cash Advances, and Purchases. effect for associated with any Cash Advance. "We", "us" "our", and "F1ACS" means FIA Card Services, tl?fuchase?,` the use of your card or account number NA., also frown as Bank of America. 1. buy or lease goods or cervices; "You" and "your" mean each and all of thepe?rsons who are 2• buy wire transfers from a non-financial institution granted, accept or use an account we hold. "Yau" and "your" {"Wire Transfer Purchase"); IBM mean any other person who has guaranteed payment otherwise a Cash this account, when used in the sections titled Your Contract ct 3 make a transaction that is not With Use We May Monitor And Record Telephone Cal4 and Advance. Arbitration and Litigation, and when used in each of the sections relating to payment of this account (e.g., Your "Purchase" includes Account Fees, as well as Transaction (continued) Fees and adjustments associated with any Purchase. ANNUAL PERCENTAGE RATES This section provides the Standard Rates, Default Rates and Promotional Dffers applicable to your account. Balance Transfers: The Standard Rate for Balance Transfer balances to a coreespondin ANNUAL PERCENTAGE RATE of 9.90%(0.027123t DPR). Cash Advances: The Standard Rate for Cash Advance balances is a corresponding ANNUAL PERCENTAGE RATE of 24.9996(0.06846696 DPR). Purchases: The Standard Rate for Purchase balances is a corresponding ANNUAL PERCENTAGE RATE of 9.9090.027 3% APR). 2008 then this Promotional Offer will ap ly to eligible transactions posting_ to your account hrough your statement Closing Date in February 2009 and this Promotional Offer will end on your statement Closing Date in February 2009. If an eligible transaction does not post to your account by your statement Closingg?Date in August 2008, then the Promotional Offer will end on your statement Closing Date in Au 2008. Check Cash Advancea bearinngg Offer ID HMB and Direct Deposits which gel this Promotional Offer will poet to your account as Balance Transfers. During the time in which you may?_make quasi transactions under thi Promotional Offer, they will be subject to the following Promotional Fees: Balance Transfers a 0096 Default Pricing- We ma Pri may increase the APRs on all new f If each such uali transaction (Fee. Min. $10.00; Max. $98.00) (F ANC CHARGE) and o t ding Balance Transfer Cash Advance, and Purchase balances up to the Default Rate, without g?nng you additional notice, each time you have two "default " . This Promotional Offer may end at any time if there is a "promotion turn-off event ' A i ' re-pricing events in any twelve rolling consecutive billing =4 . A default re-prid event means: (1) you fail to an t T l Mi i . x on turn-off event means: (1) that Fum received by its Pam me Total Due Minimum PaC'thMat a]Jae is not Date; or (2} that our t t l y o a n i mumnDue by its P ayment Due Date; or (2) your total outstanding balance exceeds your credit limit many time in a billing cycle We may elect to t APR B l y o a outstanding i balance exceeds your credit limit on an statement Closing Date If a promotion turn-off event occurs then this Promotional a er will end as f th fi se Your s for a ance Tran er, Cash Advance and Purchase balances to different Default Rates. Default Rates are variable rates calculated using the Variable Default o e rst day of that b' cycle. Rate will not be in effect in hatb? that this Promotional g cycle. Rate formula with a of up to 23.99 pereen point ' cu rents resin in a correspond' YERAGL R of 29 2496(0=8 3I IV E Promotional Offer ID IIBBHHH7MC: The Promotional Rate for me Promotional Offer is a correspond in . R). ach such APR increase will be effective as of the first day of the ANNUAL PERCENTAGE 1?ATE of 1.99% (O.ODb45 24 DPR) billing cycle in which the second default re-pricing event h . occurs. Wit each additional default re-prwmg event we will again determine whether there have been -two de`awe re-pricing events the di This Promotional Offer applies to Purchases each at least x800.00 (each an "eligible transaction" for this Pro oti l Prece ng twelve consecutive bng cycles. AEI Default Ratee will remain in eff t til m ona Offer). ec un you make each Total Minimum Payment Due by its Payment Due Date and do not exceed your credit limit for six This Promotional Offer a ph_eaa to new eligible transactions beginning on June 9 200IF7f l consecutive billing ?y?es, starting with the fast 06 cycle after the Default rate is in effect. At that time we l gg , an e igfble transaction p to 3'0 account by At>aust 1, 2008 then this Promotionaler ll ower t heemargin for each of these variable APRs by at least two ta wi a ply to elig?Ie transactions posting to your account through statement to ? ti Percen ge StandarcrRates. po ts. These will be your new variable January 2009 and this i'rom ot ionall Offer will en on your statement Closing Date in January 2009. If an eligible transaction does ndE Promotional From time to cQew Pmvhaft WI a Promotional 611er ends, its Promotional "promotion turn-off event Rates will or Purchase b return to its applicable. end at an time if there is a A promotion turn-off event Minimum Pa nt Due is not Date; or (2) that your total your credit limit on any promotion turn-off event Offer will end as of the first means that this Promotional billing cycle. Promotional Offer ID HSBEZH7MD: The Promotional ANNUAL PEER ENTAGE RATTEE of 1.9899 0e 6452 DPR). This Promotional Offer applies to Balance Transfers Direct . In addition, theme ir transaction f.. ;f D_epaeit Cash Advances and Check Cash Advances bearing this promotional Offer M (each an "eligible transaction" for The Promotional this Promotional Offer). a co rre ondin This Promotional Offer applies to new eligible transactions 1.8896 ( y ul beginning on June 13, M. If an ell Ie transaction posts This Promotional Offer applies to Balance 'transfers Direct Depoett Cash Advances and Check Cash Advances finearing this Promotional Offer ID (each an "eligible transaction" for this Promotional Offer). This Promotional Offer applies to new eligible transactions beginning on Mayy 18, 2008. If an e ' ble Iransection posts to your account by your statement Closing Date in August Offers; post to your account by August 1 2008, then the time we may make Promotional Offers on Promotional Offer will end on August 1, X008. terminate. Any Balance Transfer Cash Advance means: (l) that any Total Balance Transfers Cash Advances, and Thin Promotional Offer may slanee sub eet to that Promotional Offer will' received by its Payment Due respective Standard Rate or Default Rate as outstanding balance exceeds statement Closing Date. If a occurs then this Promotional Advances and Direct D gosits are Cash waver if Check Cash Advances or Direct Rayte wof that ill not be ing effect that account by your statement o" Date in August len Promotional Offer will ap Iy toeb e ions in to our acconnt hrough y nr at ,losnp g Date in March 2009 and this Promotional ill end on yyoour statement Closing Date in March as eligible traimsactian does not post to your account statement Cl Date in August 2008, then the oral Offer will end an your statement Cloasii? Date tat 2008. Check Cash Advances bearing Offer ID 17MD and Direct Deposits which get this Promotional Offer ID H6BHHH7ME: Rate for this Promotional Offer is ANNUAL PERCENTAGE RATE of DPR). Promotional Offer will post to your account as Balance variable rates is 3.25% and was determined on June 30, Transfers. 2008. During the time in which you ma make qualif ''rig transactions under this Promotional Offer, they will be subject to the following Promotional Fees: Balance Transfers: 3.00% of each such qual_ityina transaction (Fee: Min. $},0.00; Max. $99.00) (FINAANNCE CHARGE). This Promotional Offer may end at an time if there is a promotion turn-off event.' A promotion turn-off event means: (1) that any Total Minimum Pa ent Dueur is not received by its Payment Due Date; or (2) that total outstanding balance exceeds your credit limon an statement Cloain Date. If a?? ?ppromotion turn-off even occurs then this omotionai Offer will end as of the first day of that billing cycle. This means that this Promotional Rate will not be in effect in that billing cycle. Promotional Offer ID H6BHKH7MF: The Promotional Rate for this Pro ti al Off An increase or decrease in the index will cause a corresponding increase or decrease in your variable rates oa the first day of your billing cycle that begins in the same month as the determination date. An increase in the index means that you will pay hi r periodic rate finance charges and have a higher TotaMinumum Payment Due. If The Wall Street Journal does not publish the U.S. Prime e, or n c hang- definition of the U.S. Prime Rate, we may, at our sole discretion, substitute another index. CALCULATION OF PERIODIC RATE FINANCE CHARGES We calculate Periodic Rate Finance Charges by multipplying each Balance Subject to Finance Charge by its app cable DPR and that result by the number of days in the billing cycle. When Periodic Rate Finance Charges accrue on a Balance Transfer, Cash Advance or Purchase balance, those finance charges become part of that respective Balance Transfer, Cash Advance, or Purchase balance. mo on er is a corres?ppondingg ANNUAL PERCENTAGE RATE of 1.99% (0.00541 R BILLING CYCLE DPR)• Your billing cycle ends each month on a Closing Date determined ?y us. Each billing cycle begins on the day after This Promotional Offer applies to Balance Transfers Direct the Closing Date of the previous billing cycle. Each monthly Deposit Cash Advances and Check Cash Advances bearing statement reflects a single billing cycle. this Promotional Offer ID (each an "eligible transaction" for this Promotional Offer). WHEN PERIODIC RATE FINANCE CHARGES BEGIN TO ACCRUE This Promotional Offer applies to new eligible transactions Each new Balance Transfer and Cash Advance begins to beginning on July 13, 2008. ff an eligible transaction poets accrue Periodic Rate Finance C??a on its transaction to our account by yyo?ur statement Closing Date in date. Balance Transfer and Cash Advance balances September 2008 then this Promotional Offer wil a ply to remake 8 from previous billing cycles accrue Periodic Rate ble transactions Boatingg to your account thro 12 your Finance Charges from the ffi?st day of the billing cycle. The Closing Date in A ril 2009 and this Promotional statement transaction date for Check Cash Advances and Balance Offer will end on your statement Closin Date in April Transfers made by check is the date the check is first 2009. If an eligible transaction does not pos to your account deposited or cashed. The transaction date for a Returned b your statement Closing Date in September 2008 then Payment is the date that the corresponding payment posted the Promotional Otter will end on your statement d1os' g to your account. Date in Se teunber 2008. Check Cash Advances bearing Offer t HbpBHKH7MF and Direct Deposits which get this- Unless subject to a Grace Period, each new Purchase ??? nks Promotional Offer will post to your account as Balance to accrue Periodic Rate Finance Cla a on its traneacl'on Transfers. date or the brat day of the billingg cycle, whichever date is During the time in which later. Unless subject to a Grace Panod, Purchase balances you ma make ?uVM i a remaining &= barges billing cgclas accrue Periodic Rate transactions under this Promotional Offer the illl bg e Finance Charges from the first day of the billing cycle. subject to the following Promotional Fees: Balance Transfers: 3.0096 of each such q rig When applicable, Periodic Rate Finance Charges accrue and- OOfimpm°d daily on new balances, and balances transaction (Fee: Min. $10.00; Max. $99.00) (F1NCE rem y CHARGE). previous bulling cycles. Periodic Rate Finaaee Charges wilt continue to accrue even though you have paid tha full amount of an4y related balances because This Promotional Offer may end at any time if there is a we include any accrued but unpaid finance charges in the "promotion turn-off event. A promotion turn-off event calculation of each Balance Subject to Finance Charge. means: (1) that any Tots Minimum Payment Due is not received by its Payment ue Date; or ) that your total Your Payment Due Date will be at least 20 days from your outstanding balance exceeds your credit limit on any statement Closing Date. statement Clasin Date. If a romOtion turn-off event occurs then this Promotional Offer will end as of the first dap W that billing cycle. This means that this Promotional Rate will not be in effect in that billing cycle, However, if a promotion turn-off event occurs during the billing!cle that includes August 13, 2008 then this Promotional OPFer will end on the last day of that billing cycle. VARIABLE RATE INFORMATION We will use the folio variable rats formula for variable Standard Rates, v Ale Default Rates and variable Promotional Rates. 11 variable rates are calculated by adding together an index and a maargin For each variable rate, the applicable margin is discloses above in the section titled, Annual Percentage Rates. This index iB determined on the last business des of each month ("determination date") and is the highest U.S. Prime Rate as published in the "Money Rates" section of The Wall Street Journal at any time within the imme-a`?e y preceding -months, including the month in which the index was determined. The index used to calculate these GRACE PERIOD You do not have a Grace Period for Balance Transfers or Cash Advances. You will have a Grace Period on new Purchases, in a billing cycle in which you P?q in Full from the day after the Pa in Full date until file and of that billing cycle. You will have a Grace Period for an entire billing Cycle on new Purchases and on Purchase balances remaining from previous bi cycles if you Pay in Full by the Payment Due Date in tha billing i?ycle and if during the previous bulling cycle you Paid in I<Sull UCLEATIIOANRGEOF BALANCES SUBJECT TO FINAN Average Balance Method (including new Balance Transfers and new Cash Advances: We calculate separate Balances Subject to Finance Charge for Balance Transfers, Cash Advances, and for each Promotional Offer balance consisting of Balance Transfers or Cash Advances by: (1) calculating a daily balance for each day in the current billin cycle; (2) ccaallculatung a daily balance for each day prior to the current billing cycle that had a "Pre-Cvcle 'r (continued) balance" -a Pre-Cycle balance is a Balance Transfer or a Cash Advance with a transaction date prior to the current billing cycle but with s posting date within the current billing? (3) adding sII the Bailp balances together; and (4) dividng'the sum of the daily balances by the number of days in the current billing cycle. To calculate the daily balance for each day in the current billing cycle, we take the be ' ping balance add an amount e .uar to the applicable Da Y Periodic Race multij& by the revious day's daily balance, add new Balance Transpfers, Cash . Advances and Transaction.. Fees, and subtract applicable payments and credits. If any daily balance is leas than zero we treat it as zero. appiwable kt,-(;ycle balances, -and their related Tralliktion F'eis- We exclude from this calculation all transactions posted in previous billing cycles. Average ' Dail! Balance Method (includi new Purchas 4)• We calculate separate Balances Subject to Finance eCh6ge for Purchases and for each. Promotional Offer balanco consiatin?aof Purchases by; (1) calculating a daily halsace for each y in the current illing ; f2) addmgf all the daily balances together; and (3) divf g the sum of the daily by the number off days in the current billing cycle. the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Check Cash Advance, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Direct Deposit, we will assess a transaction fee (FINANCE CHARGE) to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you make a Foreign Tr o we will assess a transaction fee (.FINANCE MI equal to 3.0096 of the U.S. dollar amount of each such Foreign Transaction. This is in addition to any other applicable transaction fees. If you obtain an Overdraft Protection Cash Advance, we will assess a transaction fee (FINANCE. CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you make a Wire TransfC?se, we will assese a transaction fee (FINAN equal td 3,00% of the U.S. dollar amount of each such Purchase (Fee: Min. $10.00). ACCOUNT FEES: The following fees are assessed as Purchases in the Billing Cycle in which the fees accrue: A Late Fee if the Total Minimum Payment Due shown on your tnon statement is not received by us on or before its Payment Date. On the Late Fee transaction date: of the total outst LL- r aadin?balance is $100.00 or less, .L. a... _..l1, L _ - late the daily balance for each da q`°"'"' Y y is the current . if the total outstanding balance is eater than ,cle, we take the g balance add an amount 100.00 but $250.00 or less, the Late Fee will be the applicable D?y Pneno Rafe multiplied by 29.00• ious day's daily balance, add, unless subjbct to a . if the total outstanding balance is greater than rriod new Purchases, new Account Fees, and new $260.00, the Late Fee will be $39.00. ion bees and subtract applicable payments and f any daily balance is less titan zero we treat it as A Returned. Payment Fee of 39.00 if a payment on your a the current b' a you Pay in Full then on account is returned for insvffident funds or for any other after that Pay Wdate, we exclude From the reason, even if it is paid upon subsequent preeentment (if balance new Purchases, new Account Fees and we elect to re-present the payment). isaction Fees which posted on or before the Pav in r Ulf aaie. We include the costs for credit card debt cancellation or credit insurance purchased through us in calcttlatiuug the b rui g Purchase balance for the first day of the bulling cycle after the billing cycle in which such coats are billed. MINIMUM FINANCE CHARGE If the total of the Periodic gate Finance C=FI argue for all balances is less than $1.50, then a minimumNANCE CHARGE of $1.50 will ba assessed on the account in lieu of any Periodic Rate Finance Charge. TRANSACTION FEE FINANCE CHARGES We will assess the following Transaction Fees to your Account in the same balance category to which the transaction is posted: If you obtain an ATM C , we will assess a transaction fee (kriNANCS? I ) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Balance Transfer we will assess a trapsact{on fee (FINANCE CHARGE) equal to &00%, of the U.S. dollar amount of each such Balance Transfer (ee: Min. $10.00). If you obtain a Bank Cash Advance, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Cash Et?ui?val?ent we will assess a transaction fee (FINANCE CII dk) equal to 3.00% of A Returned Access Check Fee of $39.00 if we return an access check unpaid for any reason, even if the access check is paid upon subsequent presentment. A Copy Fee of $5.00 for each copy of a monthly statement or sales draft, except that the most recent monthly statements and one sales draft will provided for free. An Abandoned Property Fee equal to any costs incurred by us for compxyung ?h state abandoned property laws, unless prohibited by applicable law. OVERDRAFT PROTECTION If Yom' choclu %a ccount with Bank of America is linked to thus account, overdraft protection feature will allow funds to be trana£ersed ("overdraft pr9te from this account i?nto pqoour design ?? with Bank of Aunerica (*.checking account when transactions occur on y checking account, such as cheeks or other debits, that cif paid would cause the cl>ecl account to be overdrawn ("overdraft transackrns Overdraft protection transfers include automatic transfers to cover checking socouat fees. Overdraa protection transfers are pro&vsed alter close of business Monday Friday and are treated as Overdraft Protection Cash vanes. Each da?ra overdraft transactions will be totaled and rounded-to the next $100 425 if You opened your checking account in Washin or IM PO if yotur checking account is opened with Military Ijanlt) increment up to your available credit limit, of who initiated tin overdraft transactions. For le, if your account has a balance of $1.00 and a check or other-460 item for $126 is resented for payment, which if paid would cause your chscQ account to be overdrawn, an overdraft protection transfer of $200 will be made to your checking account and an Overdraft Protection Cash Advance of $200 will post to this account. The amount of available credit on this account must be sufficient to cover the total amount of overdraft transactions (received by Bank of America that day) rounded to the next $100 increment (but excluding any overdraft protection feek otherwise one or more of the overdraft -transactions tcor that day will be rejected. However, if the available credit on tMe account is greater than the overdraft transaction amount, but the available credit is insufficient for the overdraft transaction amount to be rounded to the next $100 increment, then the amount of the overdraft transaction will be rounded to the highest whole dollar amount of your available credit. (And in such an event, the accrued finance charges may result in an Overlimit Fee.) We may permit or refuse to permit an overdraft protection transfer that would cause you to exceed the credit limit on this account; but if we permit it, you may be assessed an Overlimft Fee during the billing c cla in which the transfer occurs. This overdraft protection Ieature will automatically be cancelled if this account is closed by either you or us, or at any time upon your request. Your overdraft transactions remain subject to the terms of our checking account with Bank of America, any related enrollment agreement, and this Agreement. SIGN YOUR CARD You should sign your card before you use it. WE MAY MONITOR AND RECORD TELEPHONE You consent to and authorize Bank of America, any of its affiliates, or its marketing associates to monitor and/or record an of your telephone conversations with our representatives or the representatives of any of those companies. Where you have provided a cell phone number direetlq to us, or placed a cell phone call to us you consent and agree to accep collection calls to your cen phone from us_ For any telephone or cell phone calls we place to you, you consent and agree that those calls may be automatically dialed and/or use recorded messages. 9MG INFORM TON AGENCIES; COLLECTING AND You authorize us to collect information about you in order to conduct our business and deliver the top quality service you expect, including information we receive about you information we receive from third parties such an cis ' r orting a?en as and information about your transactions wii h us ass r companies. You authorize us to share such information about you or your account with our afffliatee and others.- You may have the right to opt out of some information sharing. For more details, please refer to our Privacy Policy. If you believe we have furnished inaccurate or incomplete information about you or Your account to Mphone agency, write to us at: PTA Card Service. A, ncfee, P.Q. Boa 17054, 19 -7 ease include your name, adnumber, and account number, and explain what you believe is inaccurate or incomplete. PURPOSES FOR USING YOUR ACCOUNT You may use your account for personal, family, or household purposes. You may not use your account for busine? or commercial _purposes. You may not use a Balance Transfer, or Check Cash Advance, or an other Cash Advance to make a a t on this or any other credit account witl'i no or our a mates. You any use permit your account to be used to make any ill geritransaetion. You will only use your account for transactions that are legal where you ng transset?ans conduct theca. For maybe illegal is example, tttsenet li l your state. Iay o a p logo by an online merehant does not mean ? Internet transaction is legal where you conduct it. We %V. cchaer&de your account for such transactions. We will not be you engage in an illegal transaction. We may deny authorization of any transactions identified as Internet gambling. PERSONS USING YOUR ACCOUNT If you permit any person to use your card, access checks, account number, or other credit device with the authorization to obtain credit on your account, you ma be +y liable for all transactions made by that person including transactions for which you may not have intended to be liable, even if the amount of those transactions causes your credit limit to be exceeded. Authorized users of this account may have the same access to information about the account and its users as the account holders. We may send account materials (cards, statements and notices) to any liable arty, and that person will be responsible for deliv? ose materials to the other liable parties and autho users. Notice to any of you will be considered notice to all of you. You may allow authorized users on your account in the following ware: (1) br notifying us that you want someone added to your accoun as an authorized user- (2) by lending your card or account number to another; or (p) by any other ways in which you would be legally considered to have allowed another to use your account or to be y prevented from denying that you did so. You must think carefully you allow anyone to became. an authorized user. By doing so, you authorize the person to use your account to the same extent you can including but not ma m ft purchases, advances, balance trlinsfers and oowwin?ngg othere to use your account. Your account does not permit you to limit the nature or amount of authority you give to any authorized user and you will not attempt to do so. An authorized user's authority will continue until you both notify us that you are terminating the authority and you physically retrieve the card. If you cannot retrieve the card, you w. remain liable for any transactions that we cannot prevent after you notify us. YOUR PROMISE TO PAY You promise to pay us the amounts of all credit you obtain, which includes all Purchases, Cash Advances, and Balance Transfers. You also promise to pay us all the amounts of finance charges, fees,. and any other transactions we charge to your account. If a bank branch or office . sponsors your account, you prof spay it any unpaid account balance it pays us within days. PAYMENTS ON YOUR ACCOUNT You must pay each month at least the Total blinimum Payment Due shown on monthly statement by its Payment Due Date. Y Pa molt Due bate may vary from month to month. Payments must conform to the requirements set out on that monthly statement; them requirements ma vary without prior notice. You may pay the entire amouno you owe us at any time. Payments made is any billing cycle that are greater than the Total Minimum Pa t Dus will not affedt_your obligation to make the nexl To tal Minimum Payment Due. Ir you overpay or ff there to a credit balance on your account, we will not pay interest on such amounta. We will re act payments that are not drawn in U8. dollars and goes drawn on a f?aial institution located outside of the United States. We reserve the right to any payment if your account has a credit balance as of? day we receive that payment. Generally, credits to your account, such as those generated by mere ante or by person-to-person money transfe an sot treated as payments and will not reduce To ACH PAYMENTS We process most pa nt checks electronically. We use the information on your check to create an electronic fends transfer. Each flue you send a check you authorize a one-time elect s funds transfer. You a authorize us to EEroc?ess your clock as a check or paper draft, as ace Funds?may be witbdrawii from your account ta soon eceive as same can day welled rcheck beeaauuse weeaarn required to dnot estroy it. We will retain an eleetxonie For more information or to the conversion of yours c. ecks into electronic funds rs, us at the phone number listed on the frost of your statement. You may also write to us at: F.O. Sac 15019. iimington_ DE 1995019_ TOTAL MINIMUM PAYMENT DUE You may pay your total outstanding balance at any time. continued) Each bill?'ng cycle, you must pay at least the Total Minimum elect to honor it upon presentment or return it uncredited Payment Due shown on jour monthly statement by its to the person that presented it, without in either case Payment Due Date. The Total Minimum Payment Due is waiting for the date shown on the check.. We are not liable the sum of all past due amounts plus the Current Payment. to you for any loss or expense incurred by you arising out of the action we elect to take. The Current Payment for each billing cycle includes three amounts: (1) 1.0056 of your balance (your view Balance Total except for any new Periodic Rate Finance Charges, and Late Fee), and (2) new Periodic Rate Finance Charges, and (3) new Late Fee. Generally, the lowest it will be is $18.00. We round the payment amount down to the nearest dollar. If a payment is credited to your account but is returned unpaid in a later billing Dcycle we will recalculate the Total Minimum Payment us for the billing cycle in which the payment was originally credited. WHEN YOUR PAYMENT WILL BE CREDITED TO YOUR ACCOUNT We credit payments as of the date received, if the payment is: (1) received by 5 pm. Eastern time; (2) received at the address shown in the upper left-hand corner of the front of yyoour monthly statement; (3) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (4) sent in the return envelope with 01 the top portion of your statement accompanying iE. Payments received after 5 pDm. Eastern time on any day including the Payment Due ate, but that otherwise meet the above requirements, will be credited as of the next day. Credit for any other payments may be delayed up to five days. HOW WE ALLOCATE YOUR PAYMENTS We will allocate your payments in the manner we determine. In most instan?ee, we will allocate your payments to balances (including transactions made after your latest statement) with lower APRs before balances with higher APRs. This will result in balances with.lower APRs (such as new balances with promotional APR offers) sing paid before any other existing -balances. PROMISE TO PAY APPLIES TO ALL PERSONS All persons who initially or subsequently request, accept, guarantee or use the account are individually and together responsible for any total outstanding balance. If you and one. or more persons are responsible to pay any total outstanding balance we may refuse to release any of you from liability until ail of the cards, access checks and other credit devices outstanding under the account )lave been returned to us and you repay us the total outstanding balance owed to us at any time under the terms of this .Agreement. DEFAULT You will be in default of this Agreement if (1) u fail to make any required Total Minimum Payment Due by its Payment Due Date; (2) your total outstan balance excseds your credit limit; or 8) you fail to abide by any other term of this Agreement. ur failure to exercise any of our rights when you default does not mean that we are unable to exercise those rights upon later default. WHEN WE MAY REQUIRE DIATE REPAYMENT If you are in default, then in addition to our other remedies under this Agreement we can require immediate ppaymeat of your total outstanding balance and, unless rohibited by apppplicable law and except as otherwise provideed under the tlibitradon and Litigation section of this Agreement, we can also you to pay the costa we incur many collection proce?as well as reasonable attorneys' fees if we refer your .account for collection to an attorney who is not our OTHER PAYMENT TERMS We can accept late payments, partial payments, or payments with any restrictive writing without losing any of our rights under this Agreement. This means that no payment, including hose marked with "paid in full" or with any other restrictive words, shall operate as an accord and satisfaction without the prior written approval of one of our senior officers. You may not use a postdated check to make a payment. If you do postdate a payment check, we may PAYMENT HOLIDAYS AND REDUCED PAYMENT We may allow you, from time to time, to omit a monthly payment or make a reduced payment. We wilI not' you . when these options are available. If you omit a ppaymen or make a reduced payment, finance charges applicable fees, and other regular txanaactione, if any, accrue on your account balances in accordance with this Agreement. The reduced payment amount may be less than your finance charges. You must make the reduced pa nt on time to avm a late fee. You moat resume your regular Total Minimum Payment Due each moo following a payment holiday or reduced payment offer. YOU ATTEMPT TO EXCEED The total outstare balance on your account plus authorizations at anima must not be more than your credit limit. If you attempt a transaction which results in your total outstandin balance (plus authorizations) exceeding your credit %A we may: (1) permit the transaction without raising your credit limit; (2) permit the transaction and treat the amount of the transaction that is more than the credit- limit as immediately due; or (3) refuse to permit the transaction. If we refuse to permit the transaction, we may advise the person who attempted the, transaction that it has been refused. If we refuse to permit a Check Cash Advance or Balance Transfer we may do so by advising the person resenting the dieok Cash Advance or Balance Transfer hat credit has been refused that there are insufficient Me to pa the Cheek Cash dvanee or Balance Transfer, or in any other manner. If we have previously permitted you to exceed your credit limit, it does not mean that we will permit you to exceed your credit limit again If we decide to permit you to exceed your credit limit which could trigera promotion turn-off even we may also charge an Over ' t Fee as provided in this Agretmiefit. WE MAY AMEND THIS AGREEMENT We may amend this Agreement at any time. We may amend it by add** deleting, or changing provisions of this went. a may increase or decrease any or all of your Rs. We may increase any or all of your APRs to rates which exceed the Default Rate. When we amend this Agreement we will comply with the at plicable notice requirements of federal and Delaware Iaw that are in effect at that time. The amended Agreement (including any higher rate or other higher charges or fees) will aunty to the total the amendment became effective. it an amendment gives you the opportunity to reject the change, and if you reject the chaaga in the manner provided in ouch amendment, we may terminate your right to receive credit and may ask you to return all credit devices as a condition of your rejection. We may replace your card with another card at any time. WE MAY SUSPEND OR CLOSE YOUR ACCOUNT We may suspend or close your account or otherwise terminate your right to use your account. We may do this at any time and for any reason. Your obligations under this t continue even after we ha clone this. You must destroy all cards, access checks or other credit devices on the account when we request. YOU MAY CLOSE YOUR ACCOUNT You may close your account._ notifying us in writing or by telephone, and destroying all cards, access checks or other credit devices on the account. Your obligations under this Agreement continue even after you have done this. TRANSACTIONS AFTER YOUR ACCOUNT IS CLOSED When yoaw aswwnt is closed, you must contact anyone authorized to charge transactions to your account, such as internet service providers, health clubs or insurance companies. These transactions may continue to be charged to your account until you change the billing. Also, if we believe you have authorized a transaction or are attempting to use your account after you have requested to close the account, we may allow the transaction to be charged to your account. REFUSAL TO HONOR YOUR ACCOUNT We are not liable for any refusal to honor your account. This can include a refusal to honor your card or account number or any check written on your account. We are not liable for any retention of your card by us, any other financial institution, or any provider of goods or services. HOW YOU MAY STOP PAYMENT ON AN ACCESS by CHECK check proovidining usgwi the ass chheck number, dolllar amount t and payee exactly as they appear on the access check Oral and written stop payment requests on an access check are effective for six months from the day that we place the stop payment. YOU MAY NOT POSTDATE AN ACCESS CHECK You ma not issue a postdated access check on your account. If you do postdate an access check, we may elect to honor it upon presentment or return it unpaid to the person that presented it to us for payment, without in either case waiti for the date shown on the access check. We are not liable?o you for any loss or expense incurred by you arising out of the action we elect to taste. TRANSACTIONS MADE IN FOREIGN CURRENCIES If you make a transaction in a foreign currency, the transaction will be converted Visa International or MasterCard International, depeniing on which card you use, into a U.S. dollar a m o u n t in accordance with the opperating regulations or conversion procedures in effect at the time the transaction is processed. Currently, those regulations and pprocedures provide that the currency conversion rate to be used is either (1) a wholesale market rate or (2) ,government-mandated rate in effect one day prior to the processing date. The currency conversion rate in effect on the processing date may diffe from the rate in effect on the transaction date or posting date. .vaxa?.u a- a a .. We may offer you certain benefits and services with your account. An benefits or services are not a part of this Agreement, but are subject to the terms and restrictions outlined in the benefits brochure and other official documents provided to you from time to time by or on behalf of Bank of America. While any benefits or services described in the ppr?evious sentence are not a part of this Agreement, any clam or dispute related to any such benefit or service shall be subject to the Arbitration and Li ' n section of this Agreement. We may adjust, add= or elate benefits and services at any time and without notice to you. WE MAY SELL YOUR ACCOUNT We may at any time, and without notice to you, sell, assign or transfer your account, any sums due on your account, this ement, or our rights or obligations under your accownT or this Agreement to any person or entity. The person or entity to whom we make any such sale, nt or transfer shall be entitled to all of our rights an or obligations under this Agreement, to the extent sold, assigned or transferred. YOU MUST NOTIFY US WHEN YOU CHANGE YOUR ADDRESS We strive to keep accurate records for your benefit and ours. The post office and others may notify us of a change to your address. When you change your address, you must notify us promptly of your new address. WHAT LAW APPLIES This Agreement is made in Delaware and we extend credit to you from Delaware. This Agreement is governed by the laws of the State of Delaware without regard to its conflict of laws principles) and by any applicable ederal laws. THE PROVISIONS OF THIS AGREEMENT ARE SEVERABLE If any provision of this Ar?eement is found to be invalid, the remaining provisions will continue to be effective. OUR RIGHTS CONTINUE Our failure or delay in exercising any of our rights under this Agreement does not mean that we are unable to exercise those rights later. UNAUTHORIZED USE OF YOUR CARD Please notify us immediately of the loss, theft or possible unauthorized use of your account at 1.800.789.ROL ARBITRATION AND LITIGATION This Arbitration and Litigation provision applies to you unless you were given the opportunity to reject the Arbitration and Litigation proviseons and you did so reject them in the manner and timeframe required. If you did reject effective) such a pixmaion, you agreed that any litigation brought by you against us regarding this account or Cation Agreement shall be brought in a court located in the State of Delaware. Any claim or dispute ("Claim") by either you or the other, or agau?st the employees, agents or am other, arising from or relating in any way to this or any prior Agreement or your account (wheth statute, in contract, tort, or otherwise and m money damages, penalties or declaratory or equit shall. upon election by either you - or us, be 1 any or In addition, we will not choose to arbitrate an individual Claim that you bring against us in small claims court or an equivalent court, if any. But if that Claim is transferred, removed or appealed to a different court, we then have the right to choose arbitration. Arbitration shall take place before a single arbitrator and on an individual basis without resort to any form of class action. Arbitration map be selected at any time unless a the subbtttaantiahpre ueen dice bydthedelayy in d emrandingwar?b rattion effect at the time the Clam National Arbitration Fora may be filed at any Na wvivvic -forum.com, or or unwilling to act organization that nsse a similar code of cedurs. At your written request, we will advance any arbitration filing fee, administrative and hearing fees whuh you are required to pay, to pursue a Claim in arbitration. 'The arbitrator will d cisc de who will be ultimately responsible for aying those fees. If you file a claim against us, in no even ip will you be required to reimburse us for any arbitration filing, administrative or hearing fees in an amount greater than what your court costs would have been if the Claim had been resolved in a state court with jurisdiction- An y arbitration hearing at which you appear will take place within the federal judicial district that includes your billing address at the time the Claim is filed. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 T.S.C. fg 1-16 (°>!'AA")• Judgment upon any arbitration award may be entered in any court having (continued) jurisdiction. The arbitrator shall follow existing substantive law to the extent consistent with the FAA and applicable statutes of limitations and shall honor any ciamis or M'Vil eeggee recognized by law. If any party requests, the elo'r shall write an opinion containing the reasons for the award. No Claim submitted to arbitration is heard by, a Jury or may be brought as a class action or as a priva a attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim submitted to arbitration (Class Action Waiver). The parties to this Agreement acknowledge that the Class Action Waiver is material and essential to the arbitration of an disputes between the parties and is nonseverable from this agreement to arbitrate Claims. If the Class Action Waiver is limited, voided or found unenforceable, then the artier' agreement to arbitrate (except for this sentence) all Abe null and void with respect to such proceeding, j right to appeal the IIffmmiitation or invalidation of the Class Action Waiver. The Parties acknowledge and agree that under no circumstances will a class action be arbitrated. 't'his Arbitration and Litigation Section applies to all Claims now in existence or that may arise in the future. This Arbitration and Litigation Section shall survive the termination of your account with us as well as any voluntary payment of the debt in full by you, any bankruptcy y you or sale of the debt by us_ For the purposes of this Arbitration and Litigation Section, .we. and "us"mean tes FIA Card Services, NrA., its parent, subsidiaries r, licensees, predecessors successors, assigns, and any purchaser of your account, an$ all of their officers direAdemployees, agents and assigns or any and all of them. Add di ionally, "we" or "us" shall mean any third party providing benefits, services, or products in connection with the account (including but not limited to credit bureaus merchants that accept any credit device issued under the account, rewards or enrollment services, credit insurance companies, debt collectors and all of their officers directors, employees and agents) if and only if, such a third party is named by you as a co-dRendant in any Claim you assert against ns. automatically from your savings or checking account with us, you can stop the payment on any amount you think is wrong. To stop the pa ent your letter must reach us three business days before the automatic payment is scheduled to occur. Your Rights and Our Responsibilities After We Receive Your Written Notice: We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you qquestion or report you as delinquent. We can continue to bill you for the amount you question, includin t finance charges, and we can ap ly any unpaid amount against your credit limit. You do not have to pay any questioned amount while we are investigating but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. Way did not make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send ou a statement of the amount you owe and the date that i is due. If you fail to pay the amount that we think you owe, we may re art you as delinquent. However, if our explanation does noott satisfy you and you write to us within twenty-five (25) days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill, and we must tell you the name of anyone we repot you to. We must tell anyone we report you??to that the matter has been settled between us when it finally is. If we do not follow these rules, we cannot collect the first $50 of the questioned amount, even if your bill was correct. Special Rule for Credit Card Purchases: If you have a problem with the quality of the property or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on roperty or services. There are two liautations on this M(1) You must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address; and (2) The purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. YOUR BILLING RIGMS 02007 Bank of America Corporation. All rights reserved. Beep This Notice for Future Use:This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify_ Us in Case of Errors or Questions About Your Bilb If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet (or use a copy of the form provided on your bill) at Bank of America Corporation, F.O. Box 15026, Wilmington, DE 19850. Write to us as soon as possible. Do not send the notice on or with your payment. We must hear from you no later than 60 days after we sent you the first bill on which the transaction or error appeared. You can telephone us, but doing so will not-preserve your rights. In your letter, give us the full ng information: (1) your name and as oust number, (2) thee dollar amount of the suspected error. (9) the posting dilate of the transaction in question; sad ?4) a Jeme ption oft error and an planation, if you can, of why you believe there is an error. If you need more information, describe the item you are not sure about. If you have authorized us to pay your credit card bill VERIFICATION I, PETER HUBER , hereby depose and state that: The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the foregoing document and the factual information contained therein is true and correct to the best of my personal knowledge. I am the Authorized Representative and a duly authorized representative of the plaintiff; The factual allegations set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief, and they are that RANDY A JOHNSON owes the balance of $9,622.38 to CACH, LLC on previously submitted invoices, which balance is due and unpaid as if the date of the execution of this Verification. I am aware that if any of the foregoing is willfully false, I am subject to punishment. I understand that false statements made herein are subject to the penalties relating to unsworn falsification to authorities. By: Dated: AUG 3 1 2011 PETER HUBER Authorized Representative SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff fit elflubr11q,4 OFF1CE 11c "E ?ERIFr Jody S Smith Chief Deputy Richard W Stewart Solicitor Or"F 21 !fil;E R?H ee t t.?.ri I, Cach, LLC Case Number vs. 2011-7705 Randy A. Johnson SHERIFF'S RETURN OF SERVICE 10/13/2011 07:43 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on October 13, 2011 at 1943 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Randy A. Johnson, by making known unto Angela Sextan, adult in charge at 1210 Edinburg Circle, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy f the same. JL MICHELLE U SHALL, DEPUTY SHERIFF COST: $45.00 October 18, 2011 (cj GountySuae Sheritf. Te!eosoft Inc. SO ANSWERS, RON R ANDERSON, SHERIFF 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 4340 S. MONACO -- 2ND FLOOR DENVER, CO 80237 Plaintiff, VS. RANDY A. JOHNSON 1210 EDINBURGH CIRCLE NEW CUMBERLAND, PA 17070 Defendant. Eft f;kdD COUrd1''.' 'ark VA NI A COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2011-7705 PLAINTIFF'S RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS CACH, LLC, Plaintiff in the above-captioned case hereby responds to Defendant's preliminary objections as follows: 1. Plaintiff's Complaint was filed on October 11, 2011 and served upon Defendant on October 13, 2011. 2-3. Agreed. 4-6. Denied. The arbitration clause is elective, not mandatory. Plaintiff has elected to litigate the case rather than arbitrate. Court rules provide for the procedures should Defendant choose to elect to arbitrate. Plaintiff has provided Defendant with fair notice of its claim and a summary of the material facts supporting that claim. Any additional specifics may be appropriate subjects for discovery, but do not warrant dismissal of the complaint. WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that the Court deny and dismiss Defendant's Preliminary Objections, together with all such other and further relief, at law or in equity, as to which Plaintiff may be justly entitled. Respectfully submitted, Allan C. Smith, Esq. 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 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 4340 S. MONACO -- 2ND FLOOR DENVER, CO 80237 Plaintiff, vs. RANDY A. JOHNSON 1210 EDINBURGH CIRCLE NEW CUMBERLAND, PA 17070 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2011-7705 VERIFICATION I, Allan C. Smith, Esq., of the Law Office of Harrison Ross Byck, Esq., P.C., attorneys for Plaintiff, CACH, LLC, do hereby state that I am familiar with the facts of this case and am authorized to file this Verification on their behalf. I further verify that the facts set forth in the foregoing Response to Defendant's Preliminary Objections are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: November 11, 2011 B Allan it , Esq. Attorney I.D. No. 204756 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 4340 S. MONACO -- 2ND FLOOR DENVER, CO 80237 Plaintiff, vs. RANDY A. JOHNSON 1210 EDINBURGH CIRCLE NEW CUMBERLAND, PA 17070 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2011-7705 CERTIFICATE OF SERVICE I, Allan C. Smith, Esq., of full age, certify that I mailed a copy of the Plaintiff's Response to Defendant's Preliminary Objections regarding the above-captioned matter upon defendant(s) RANDY A. JOHNSON by United States First Class Mail, postage prepaid, on November 11, 2011 via his/her attorney's address of. ANTHONY T. McBETH, ESQ. 407 NORTH FRONT STREET HARRISBURG, PA 17101 Date: November 11, 2011 Allan C. mit ,Esq. Attorney I.D. No. 20475 PRAECIPE FOR LIC STI G kCASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE: PROTHONOTARY OF CUMBERLAND COUNTY Argument Court.) CAPTION OF CASE (entire caption must be stated in full) CACH, LLC vs. RANDY A. JOHNSON (List the within matter for the next t') -- - ------------- - -- - ---------- tT? arc. rp +z 2011 7705 < No. Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): DEFENDANTS PRELIMINARY OBJECTIONS C= CImp 11- co p 2. Identify all counsel who will argue cases: (a) for plaintiffs: ALLAN C. SMITH, ESQUIRE, 1267 VETERANS HIGHWAY, SUITE E-1, BRISTOL, PA 19007 (Name and Address) (b) for defendants: ANTHONY T. MCBETH, ESQUIRE, 407 NORTH FRONT STREET, HARRISBURG, PA 17101 (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: a - 2 `l-( 2 ignatur Pri your name ALLAN C. SMITH Date: December 29, 2011 Attorney for CAP J- L_ L-C. INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. ?,??$r9.?s d cw?- ?"? CACH, LLC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. RANDY A. JOHNSON, Defendant CIVIL ACTION - LAW NO. 11-7705 CIVIL IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT BEFORE HESS, P.J., EBERT AND PECK, J.J. ORDER AND NOW, this day of April, 2012, because the agreement to arbitrate in this case is elective and not mandatory, the preliminary objections of the defendant, seeking dismissal of the captioned case by virtue of the agreement to arbitrate, are OVERRULED. This order is entered without prejudice to the defendant to request arbitration pursuant to the terms of its contract with the plaintiff. BY THE COURT, x4 z? Kevin,K. Hess, P. J. ?Allan C. Smith, Esquire For the Plaintiff Anthony T. McBeth, Esquire For the Defendant :rlm ?itia : led g1,51 ?- rtl -a rJ ? J,v r.: r as i. - t