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Home My WebLink About11-7708IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH.LLC vs. NICOLE HERB NO: NOTICE TO DEFEND ? 2 N MOD CD ---I M -? cn r--- -- r ?> C?® ;z -7 ?0 -.0 ?- 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 ?y.266 ?d-"'#y a* 33 t P-6 .9:k 57 -5 y 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.: NICOLE HERB ) 320 FRANKLIN ST ) CARLISLE, PA 17013 ) COMPLAINT To: NICOLE HERB 320 FRANKLIN ST CARLISLE, PA 17013 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served. By entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and the court without further notice may enter a judgment against you for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 AVISO Le han dernandado a usted en is corte. Si usted quiere defenderse de estas demandas expuestas en las pagins siguientes. Usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia excrita o en persons o con abogado y entregar o sus objecciones a las demandas en contra de su persona. Se avisado que si usted no se defiende. La corta tomara medidas y puede continuar la demada en contra suya sin previo Avisa o notificion. Ademas la corte puede decidie a favor del demandante y requiere que usted compla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedas o otros derechos imporrantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICE DE REFERENCIA LEGAL PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 Plaintiff, CACH, LLC, by its attorney Harrison Ross Byck, by way of complaint against Defendant NICOLE HERB, 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, NICOLE HERB, is an individual residing at 320 FRANKLIN ST, CARLISLE, PA 17013. 3. Defendant, NICOLE HERB, is indebted to GE MONEY BANK on an account stated by and between them in the amount of $7,910.08 which balance was due and unpaid as of October 1, 2010, for credit card account number 6019183005450713. <Exhibit A> 4. On or about October 22, 2010, GE MONEY BANK sold the debt for good and valuable consideration to plaintiff, CACH, LLC <Exhibit B> 5. The Defendant, Nicole Herb, last tendered a payment on April 2, 2010. 6. A copy of the credit card agreement is attached hereto. <Exhibit C> 7. Plaintiff is entitled to charge-off account finance charges of $0.00. <Exhibit A> 8. Plaintiff is entitled to pre-litigation charge-off interest of $6.4993 per day from the default date 29.990% annual percentage rate x $7,910.08 / 365 days) or $6.4993 x 332 days = $2,157.76; 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 $600.00 as stated in the Cardholder Agreement attached hereto as <Exhibit C>. 9. The defendant, being indebted to the plaintiff in the sum of $10,859.84 upon the account stated by and between them did promise to pay said sums upon demand. Demand has been made for payment of $10,859.84 and the defendant has failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendant for $10,859.84 together with other interest and costs of suit. Date: September 19, 2011 son Ross By , sq. . '. EXHIBIT A CantCreift 65W00 "51 i° tbsro tis?Mno,o aesaza, eoiareMaatso7n Fill In "' 11001111.00 tba..ad. «..e.i17 P?^^a^t Ar.:iieYttew P29600 Pele dw. Pbw. wr eb ? a...ebem PRCNPTty. ? Cho* Ow bm at be airs "e- - 9rree On teck FAAFAFDOTAPAA W-AMYrMfLWMAAPUFDATDATFDW& JyXM ?TA aY0 hyrtaew ts: GE MONEY BANK CARLISLE PA 17013.1856 1`050K960081 TPIT• OTmATATDFTTDADPDTADADFATFDDADDAAFFDDAAATA1DATFATA rmD AAP ORLANDO, FL 32896.0081 00540000018000 005400000699237 000601918 3005450 71362 ftv".l sne..aee.OMY.eb.«.m..ea.m.w. r.t«.a?Ma Oa Hpre;YROK tMent"oAvm ,tte. -I CARECREDI7/GEMB C-&%OlderName:NMr;AHEFIB GE Money AC-Ad NMI)ON 6019 1=0 411M OT13 SWemamClosing DEW.OW0,U10 PreviOUs 8aiuroe 38.76230 Now Balance ?rtNtn + NewPuftsas SD.00 Asni,aan Payment Th'r P.rbd $25.00 . Pa111O^t" 30.00 A MW Pahl Oue 5295.00 +/- CnWS, Flea A AoWin w w (neq 530.19 Tod Minimum Payment Due 55+040 ./- Finance Ctwrges / TrarraseMOn 111109A6 Papnent Do@ OMM 05126/1010 Charewriel) NawBalaeiea $6,90137 DUE DATE W@ mwa&W"I-rpd~kr.iwe.rkewt. Crow U" $7,100.00 S"nmmu .. Avail Credit 5107.00 L*W Payment WemMB; a we do not remNe your TOlal Days In 90" Period 3O Mkiemm Paymea Due by the Payment Due Dale kind above , You maY Iwve to pay a late foe up b M.90 and yaw APRs a+sno Mal• wwW. Pay 9emoney.com maybe Incresssd bthe Per" APR of tip to 29.98% Fv as M."et-bn sw. .0"mrv-md boor 601m alt 1-8611-083-7864. . MHmum Pawnw A Wenilrw M k q Only he Towl Lf :mm Pey,nenl Due 9nl inuaaa en amwml of 4ttersIt you pay and Beat 1bMl b Cal NO Wednesday - Friday. Ow tkne It Mkes 10 ram your balw,ce. For example: Orly ev r iinirnn 26 Yom 522,03800 payment 6 you Wald Was YMonn ilon abow m& CDrenefrt0 services, cal 1477.302.8797. ' Tran Dow I Peat DON I ft*C x NurtDer Deatro" Olnalie,e 04niamro "Te se. 'FINANCE CHARGa- 'NOTICE Sr.eNrse ed..M aererWP.oos4+an9l t.r niVnra.inbmlYOn arsarrirq lewamuw $302 0£S I 1 9 100105 OPA49 1 e[ 3 9012 3400 CCX2 OIeXS302 i? W r kuk! a U -a i3 -ale "a :h rs iQ i= JV 'a RY WA 41- 11Z 11 13"! ..V I arlai + ? -p '-?i MI x e sm:. = INK- 4 'mo 0 9d ' a ! n PON 1Q WE -. ON =gigg:: ? ? ??. ?• o 77 , G X M q =a? y i ST a? S P1 -g g= d a fit m it y Q n Z A m a m A ?g °o w CARECREQITIGEMS Cardholder Name: NICOLE A HERB GE Mone Acoount Number : 60191830 0545 0713 y Statement Cbsing Date: 1MI12010 Previous Balence $7,875.08 NOW Baianoa $0.00 Now Pdn3185e3 $0,00 Total Minimum Payment Due $1,875.00 Payments $o,00 Payment Due Date 101052010 41- Credits, Fees 8 Adjustments (net) $7,875.08- PAYMENT DUE BY 5 P.M. EASTERN ON THE DUE DATE +I- Interest Charge net $0.00 . our We may canvwt a ment I t l New Balance $0.00 y p y o an e n ectronic a" See reverse We. Credit Urnit $7,400.00 Available Credit $0,00 Lot* Payment Wam1119: If we do not receive your Total Oays In BlPinil Period 29 Minimum Payment 0- by the Payment Due Date Noted above, you may hays to pay a late fes up to 535.00 and your APRs Pay oroine for tree aC W W W.9emonoy.com may be Increased I* the Penalty APR or up to 29.990%. For GE Monty customer servlcs or to report your card bat or stolen, cal 1488403-7804. Beal tlrrlss to cal are Wednesday - Friday. Trion Date Post Dole Reference Number Deseriptim Amount 1010112010 10MI12010 F907200M200989900 CHARGE OFF ACCOUNT-PRINCIPALS $6,288.61CR 1010112010 1010V2010 F90720OM200MOO CHARGE OFF ACCOUNT'FINANCE S1.621.47CR CHARGES' FEES 00612010 09/2812010 LATE FEE $35.00 TOTAL FEES FOR THIS PERIOD $35.0 INTEREST CHARGED 10MI2010 1=112010 INTEREST CHARGE ON PURCHASES $0,00 TOTAL INTEREST FOR THIS PERIOD $0.00 „,r 1`, ! 20SCTetil;rlliu?e Dst R -3e ty?? Dial Fen Charged In 2010 R $139.88 Dial Interest Charged In 2010 5583.04 111LYf0it+4rlergelt.HICU18ilOR'k'x"P.117'g;; r{??Sf'FWt?:-rL?.'.1.•:Ai?z`i=P; :vy„?•,t. Type of Balance Expiration Date Annual Balance Subject to Interest Charge Pereentege Interest Rote mate (APR) Purthans NA 29. v 50.00 $0.00 (v) x var able rote In order to protect your account PdvoW, we are unable to provlds account inform ikin loo Anyone other than the cordlaldsr(s) or an authorized Pauly. If you whh to pwmd us to speak to an aud-TbW Party such as a spouse about your Account please send wrluen euthaization to the General Inouiries sddr.. ' NOTICE: Sae rsvane side and a"vor al Pallas (harry) for Important Infonmatlon concerning your 8tx0UnL 5707 OF" 1 5 e 101001 Z Z PAW 1 of 1 9017 3000 CC77 O1b05303 AYeNhr N www.aemeaey oem ter wrbw eve -Pen ran yew anere to GE MONEY BANK Fleece on axe a Moo Int. CalgCredi? Taal Mlnlnhxmr q'Igaalbye?! ygPayineht 'T •? New q$1,s7a ?Pay`teant0ui Amaw'u'C3'.1P"DinOati>4iBilaa? ?4t!'00 S00o 1010 52010 50.00 901916300ti480Payment Enclosed : W 0000P. ? ? New address er s'"'80 Payment due Includes a 0.00 pest due. Please pay the pal due amount PROMPTLY. Check the box et left and prim changes on back NICOLE A HERB 320 FRANKLIN ST CARLISLE PA 17013.1858 Make Payment b.: GE MONEY BANK PO BOX 880061 ORLANDO, FL 32896-0061 t R 8 I 8 ?a i is R S 9 • V g N a i Q? t a illi . g Q a III! 11i"il 61 ; w g M Nit" Him! la : ? o4 WIN IIla, r. s M a ? ?a V CaniCredif LA P 72a7.t 777.00 ownw10 16.7eLw sots Iscin ay 0717 ?p °?, $ 00000. ?? PaymW W8 induwe 777A0 paf dea Plot. tw7 M put due areoae PROMPTLY. lit. addrs a-s" 171wtk erne MawrEea6 prev, elrrgw em east DWATDFrMTPPAPFPFrrDF•DDTAFrVMDFPATPTAAPArrI jolt--Al- Hill Paynanaa W GE MCNEY BANK CMUSLE PA 17013.1856 Po Box g8008, AADPMATPATTTPTITDFiFDATDFDATDAFAADMAADDTADOTFfDTAPADT TDDTTATAD ORLANDO. FL 32886-0061 00295000018000 002950000678290 000601918 3005450 71362 Parea.a www.tleawwvAwse- w"Otroapm mA,~d.d ear, uowEvamw wk...,u.uu.*:,k CARECREDITIGEMS CardlolderName:NICOLEAHERB GE Money Accowt Nu weber : 601919$0 M" 0717 Statement Closing Dam: 04MMIO Previous Balance 50.749.15 New Batenoe 9em792.90 + New Purcham $0.00 Minknum Payment This Period :2.38.00 • Paymds 7100.00 Amount Past Due $57.00 +G Gams. Fees A Adjinlinmus (net) $39.99 TOW Wnlmum Pity all Out $2!5.90 .l- t11r1e1ea Chrgea 1 Traneacdon t177.78 Payment We Dew 04=011101411 C New BaIe10a St: 7B2.90 PAYMENT DUE BY a P.Y. EASTERN ON THE DUE DATE , may COnmen Y'OIe PaTrnea Irm N ebctnortic W W. We Clem Ukni 57.400.00 Sw revere ade Avatiable Credit $017.00 Lab Payment Mkmino: g we d0 not rewhe your Tad Do" in Billing Period 31 Fours Peymant Due by the Payreem Ow Oats ksted above. YOU MOY have to pay a We ba up to $W.910 0 fors APRs Pat a 0 0 br Ines at www.pamoney.COm may be increased in the Peaty APR d Up to 29.991L For GE Nawy olswar aria or In moon ywr card bw at noon Mtffmum Payment Warning: Ma" only ate TOW Mirdm,an `r 1'866-883-786{. Pay wl Due will trimmed the amount of kdamsr you pay and sew tines to call are we wsdw - Friday. Vw time h Was to repay your balance. For example: 26 years e you would Ike Information about aedi ownst lg aaYices, of 1477.3D2.9797. 01"I MMM111 T. Oats MM Pad Dab ReWWW Number DeWSltlOn Amarnt 041MDOD 04011!1010 Fw720aC40CH000A AUTOMATIC PAYMENT - THAN(YOU 71wo G 07'2071010 OWN=10 LATE FEE 79a9! 04MMI0, 0uo6Ee0 YNANCE C1AmGE• 7173.71 Mlo. Your FINANCE ONAAGi wwOeMfaae - --- - ---------- - - ibapwd On Daly 101 Axrarepa Dwly Pwwda Prindpal R.r ea%Nm Cerepoum+a Annual Pa M IW Par Paneae FINANCE CHARM Aasaeaw 74821,37 008211%MI 29.8!% 7179.78 AWU4%L MMNFAD6 HATE *UWNaw 211A90a TOW IPWI depNANCE OHMOE 1-73.76 015151 1110fillim It you have varable prb& and ww all pweemaga rain. the raft wB vary whh the market bawd on to prime rate. In order to plOled you limunt prltsCy, we we wW* b provide a000fam kdormation b anyone am can the oa .. , kw($) a M arlfor$sd p". Y you udlh lopw M us b speck m ea aLgao ad parry ouch ese spows about your ecowd, pkme wend wiQan adh rkatbn to ft Genwai hp*-es addret. PAYMENT ON YOUR ACCOUNT IS REQUIRED. PLEASE CALL THE CUSTOMER SERVICE NUMBER REFERENCED ABOVE. 'NOTICE: Sm nxvelw ace am witioma pow (d aryl ran it vwm ; hwee6w moan-Jm0 yaw aamuA 5302 PTA 1 7 5 200405 OPAGa I of 3 9072 3004 C02 OIEX5302 ?.? wP ry, Q tom. • ?Et ? :l!i? a FFf!!! ? Z ? ? _ ?? giR 3Y i - wig !E 4 ila two, ?i i? st a? P! i; :Z S o ? p Q II K I i Promotional Offers At o time when consumers ore carefully considering their spending plans and how they manage credit, promotional financing plans from GE Money may make more sense than ever. We're sending you this notice to summarize some future promotional financing plans that may be available for you when you use your CareCredit cord for future purchases. All plans or all plan periods may not be available at every provider. This is only a summary of key terms. Additional terms and conditions of promotional financing plans will be provided to you if you select and qualify for a plan. No Interest if Paid Within Promotional Period -l (These can be advertised as Deferred Interest promotions) Under this promotion, there is no interest on the promotional purchase if the promotional purchase is paid in full by the end of the promotional period. If the promotional purchase is not paid in full by that dote, interest will accrue and be imposed from the date of purchase at the Purchase Annual Percentage Rate ("APR") shown in the Finance Charge Summary box on your billing statement. We offer this promotion for periods of 6,12,18 or 24 months. We also offer this promo for periods that expire in January 2012, Billed Interest Promotions Under this promotion, we will assess interest on your promotional purchase of a special discounted rate of 14.90% APR during the promotional period. After the promotional period, interest will be assessed at the Purchase APR shown in the Finance Charge Summary box on your billing statement. We offer this promotion for periods of 24, 36, 48 or 60 months. If you select a reduced rote promotion that is availoble at point of sole, interest will be assessed at this rate until the promotional balance is paid in full. If you receive a change in terms notice that changes your Purchase APR and this change becomes effective before the date of your purchose, the new Purchase APR will apply to the purchase balance added to your account. Please keep this notice for your records. Visit www.gemoney.com to make FREE online payments. view your account informotion or sign up for paperless statements. 0 nnadnp by GE Honey 2010 version A 2302 Drll 1 7 5 300405 bpAU 2 el 7 %072 2000 to 2 01-S202 Effective with your current billing statement, see the changes below required by new Federal Regulations L Payment Doe Date -Your payment due date will be the same each month Payment amounts received in excess of the Total Minimum Payment Due will be applied as required by Federal Law to the balance with the highest APR unless it is received within two months of a promotional financing plan's expiration date. See the Promotional Sur n7ary section of the billing statement for Important Information regarding the expiration date and balance of any promotional financing plans L The Payment Information Baa is now located directly under your payment coupon. This section features new minimum Payment messages to help you manage your account. I Remember, you can make FREE online payments at www.gamwteycom. For more information on How to Read your new Billing Statement visit us at www.gemoneycom NOW __.._._..__ ._. 0111Y T iOS 1, Oll?a 1 Y[YUOt?IS t ?s1..r+i•Lwnr?_^wr.' ?^...?wr?r?ar $0001113.00 awar ar•1?ary Ow?wwaw M ft rl.a? a>Srw r•a.YLY? i.YwY I>fa {..Nan rrYw m.?war r?^'^/ ta0re Qaaa a..,,?a. 0ir? ¦A•Ira 7u1I ? ?? A71fi Y?r/a.waNrl ?O? ? ?4 RIWYM`ah{ b1Y. M?Yrh+wrr?r ?. I! ?0.7+??rrM ?o_a ? w?IrY rOSI I rr OUrn iwrwaauarrw ? ?M W wrwwaaww?.a• aa.YAga aLL0 ?? Y Rr?arra•a+rrrr ?aNwwra.j a mwwwr...? rw.Mwraa arrwr.? aw.ywr= 1yr wsr wr?wrY r..wl 4.r+r.•?..r.? ®I .... Lr..r. r00a rrwria?C w..l w ?..?? ~r I s? ~ Y?r 5302 xM 1 7 3 100405 DW100 3 of 3 9072 ]000 MU OICMI02 EXHIBIT B CERTIFICATE OF PURCHASE I, PFTFR 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: Original Creditor: Account Number: NICOLE HERB GE MONEY BANK 6019183005450713 3. On or about October 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. .vU C 1 .t. 2001 Sworn and subscribed to before Date: By: me this day of 2011 4- Notary Public 4 AFFIDAVIT OF SALE STATE OF: Minnesota : SS COUNTY OF: Ramsey BEFORE ME, on the day and date set forth below, the undersigned Notary, being qualified and commissioned in and for the county and state aforesaid, personally came and appeared Lynne Kobilka, who being duty sworn, did depose and say: Affiant is an AGENT at GE Capital Corporation, parent of GE Money Bank, financier of the relevant consumer transaction/credit card(s). In my capacity as Document Control Specialist, Affiant is personally familiar with the debt 6019183005450713 (the "Account") made by NICOLE HERB (the "Debtor") made payable to GE MONEY BANK and subsequently sold to CACH, LLC. The correct amount currently owed by the Debtor on Account Number is the sum of $7910.08 as 10/2612010 and is reflected in all records of the account of which GE MONEY BANK has knowledge. The following statement pertains if the debtor referenced above is a state of California resident: I certify under the penalty of perjury under the laws of the state of California that the foregoing is true and confect. Executed this 0-day of 2011 Lynne bilks Agent Sworn to and Subscribed before me this day of , 2011 M D? otary Public ?PWW L*--W$0 OMWEle a"Wiesl.M5 9W1 7 My commission expires: ?' /? 1006421HII F OEC4b U MM 11:46:08 •.•. i I.Ob-IV ad Ad- Pa 1 pmu?nd MA )m iWdw Co¦ NWW=d*o NOW ermO M WdmMW ?61W ? ?1?1111Od PI?>r ? J? 1 o 4[OOpOWI 01-0by andwwm r pal kllb w ¦?. :@ k&W wWw bmk ( V* " I gal CAM UC adk!'im ft - I . il1?4 ?0¦ ?+AIM? #Ild ii?ll?ll? la r. $L ¦i1o Aeon ft M- by to *4 m*Tfmdw Dom, and N %Aw dwadbedi is die PWOMMANOMM dal Awkic C*ld cap"wo Tmm I/` '(*)o .-• Ge "Buk amp ,sti Oct EXHIBIT C F R833282333_CareCredit T&C PLCC PDF 1/11 GE MONEY BANK CREDIT CARD AGREEMENT Annual Percentage Rate 26,99% (APR) for Purchases and Balance Transfers The daily rate for purchases is 07394%. APR for Cash Advances 29.99% The daily rate for cash advances is .08216%. Penalty APR and When it 29.99% Applies The daily penalty rate is .08216%. This APR may be applied to your Account if you make a late payment. How Long Will the Penalty APR Apply? If your APRs are increased for this reason, the Penalty APR will apply until you make six consecutive minimum payments when due. Paying Interest Your due date is at least 23 days after the dose of each billing cycle. We will not charge you any interest on purchases if you pay your entire balance by the due date each month. We will begin charging interest on cash advances and balance transfers on the transaction date. Minimum Interest Charge if you are charged interest, the charge will be no less than $2. M M - I Transaction Fees • Balance Transfer Either $5 or 40/9 of the amount of each transfer, whichever is greater. • Cash Advance Either $5 or 4% of the amount of each cash advance, whichever is greater. Penalty Fees • Late Payment Up to $35 • Returned Payment Up to $35 How We Will Calculate Your Balance: We use a method called "daily balance". During tilling cycles in which interest is charged, for each balance type on your account we figure the interest charge on your account by applying the periodic rate to the "daily balance" of your account for each day in the billing cycle. A separate daily balance will be calculated for the following balance types, as applicable: purchases, balance transfers, cash advances and other balances that are subject to different interest rates, plans or special promotions. • First, we determine the 'daily balance". To determine the daily balance, we take the beginning balance each day, add any new charges and fees posted that day, and subtract any payments and credits posted that day. This gives us the daily balance. • Second, we calculate the amount of interest charged. To do this, we multiply the applicable daily rate by each daily balance on your account • Third, we add the interest amount to the daily balance, and the sum will become the beginning balance for the following day. Your interest charge for the billing cycle is the sum of the interest amounts that were charged each day during the billing cycle for each balance type. 184-019-00 Rev. 11115/2010 M-97854 GE MONEY BANK CREDIT CARD AGREEMENT 1. CONTRACT. This Agreement (•Agreemenr) is a contract for the extension of credit. It controls your credit card account referenced on the document received with your credit card or on your welcome letter. This Agreement includes this document and the following documents: • The application or any other document you submitted to us in connection with the account; and • The privacy policy that is enclosed with or attached to this document. By opening or using your account, you agree to the terms of this Agreement. This Agreement starts when (t) you give us an account application we approve or (11) you use your account or let someone else use it, whichever occurs first. 2. PARTIES. The parties to this Agreement are you and GE Money Bank. GE Money Bank is located at 170 West Election Road, Suite 125, Draper, Utah 84020. GE Money Bank sometimes is called "us," 1ve" or "our' in this Agreement. 3. PROMISE TO PAY. You promise to pay us for all credit that we extend on your account, including credit extended when you let another person use your account. You also promise to pay us for all other amounts owed to us under this Agreement. 4, CHANGING TERMS. Subject to the requirements and limitations of applicable law, we may change, add to or delete any of the terms of this Agreement, including the interest rates, fees and charges. 5. GOVERNING LAW. Except as provided in the Dispute and Claim Resolution (Including Arbitration) provision, this Agreement and your account are governed by federal law and, to the extent state law applies, the laws of Utah without regard to its conflicts of law principles. This Agreement has been accepted by us In Utah. 0. CREDIT CARD. We have issued or will send you a credit card for your use. You are not permitted to allow anyone else to use your credit card, but if you do, you will be responsible for such use. You will destroy all the credit card(s) Issued on your account if we ask you to do so. 7. AUTHORIZED USERIJOINT ACCOUNT. If you ask us to send a credit card to another person that you want to let use your account, you will be responsible for all transactions made by that person. That person will be considered an authorized user. If another person is approved on the account, that person will be considered a joint accountholder. Each joint accountholder may use the account and agrees to the terms of this Agreement. No matter which joint accountholder uses the account, each of you must pay back the full amount owed on the account. We may treat each of you as one accountholder. For example, giving notice to one of you is considered the same as giving notice to both of you. Also, we may follow the instructions that we get from one of you even if they differ from instructions given by the other accountholder. 8. USING YOUR ACCOUNT. You may use your account only as stated in this Agreement. You may use your account for the following: • Purchases. You may buy goods or services; • Cash Advances. If applicable, you may get cash advances by writing convenience checks we may provide to you from time to time or by other means we may make available. We may not honor a convenience check (i) if you filed for bankruptcy, (id) if the check is expired, (iii) if your account is closed, (iv) if the amount of the check would exceed your available credit or cash advance limit, or (v) as otherwise stated on your convenience check; and • Balance Transfers. If applicable, from time to time, we may offer you the chance to transfer balances from your other credit card accounts to this account. Unless we tell you otherwise, we will treat balance transfers as purchases. We reserve the right to decline to process any balance transfer request for any reason, and will not transfer a balance from any of our affiliates. Transfers will be processed in the order determined by us. If the amount you wish to transfer is greater than your available credit limit, we may reject the request(s). it may take up to four weeks for a balance transfer request to be credited to your other credit card account(s). It is your responsibility to make any payments required to keep your other account(s) current and to close your other account(s), if you desire. We are not responsible for any charges you may incur on your other account(s) as a result of your balance transfer(s). If you have a dispute with a creditor, and pay the balance in question by transferring it to your account, you may lose certain dispute ruts. You may use your account only for lawful personal, family or household purposes. You may not use your account for internal gambling or illegal purposes. You may not use you account to pay amounts you owe us on this account or on other accounts you have with us. These restrictions are for our benefit, and we are not responsible to you fa enforcing them. 9. CREDIT AND CASH ADVANCE LIMITS. A. Assuring Limits. We will assign the following limil(s) on your account, as applicable. We may increase or decrease either or both of these limits at any time. Credit Limit - This is the highest amount of total credit we will extend to you on your account. Cash Advance Limit - This is the highest amount of credit we will extend to you for cash advances made on your account, if applicable. Cash transactions will also count towards your credit limit. B. Exceeding Limits. We may refuse to authorize you to use your account if that use (including any fees associated with that use) will cause the total you will owe on your account to be more than your credit limit. If applicable, you may not get a cash advance if that cash advance (including interest and cash advance fees) will cause the total you will owe for cash advances on your account to be more than your cash advance limit. If we approve a transaction that causes the total you wig owe on your account to be more than your credit limit or, if applicable, the total you will owe for cash advances on your account to be more than your cash advance limit, we do not give up any of our rights under this Agreement and we do not treat it as an increase in your credit limit or, if applicable, cash advance limit. C. Limiting Transactions. We reserve the right to not approve transactions on your account. To prevent fraud, we may also limit the number or dollar amount of transactions you can make in a particular amount of time. 10. INTEREST. This section explains (i) the interest rates that will apply to your account, (td) when interest will be charged on your account, and (11) how the amount of interest is calculated. A. Rates. The following rates apply to purchases and, if applicable, cash advances. A higher rate, which we tall a 'Penalty APR' may apply at certain times as described below. The Annual Percentage Rates (APRs) applicable to your account are shown in the table above and will also be shown on your billing statement. We calculate interest on the balance of your account each day We use a daily rate to calculate the interest each day. The daily rate is equal to the APR divided by 365, 1. Purchase Rate, The daily rate for purchases is .07394% (APR 26.99%) unless and until the penalty rate applies. 2. Cash Advance Rate. The daily rate for cash advances is .08216% (APR 29.99%) unless and until the penalty rate applies. 3. Penalty Rate. The penally rate may apply 9 you do not make your total minimum payment by the payment due date and will continue to apply as provided in this section. As required by law, we will provide you with advance notice if we are going to apply the penalty rate to your account and we will tell you when the penalty rate will apply. a. What is the Penalty Rate? The daily penalty rate will be.08216% (APR 29.99%). b. How Long Will the Penalty Rate Apply? If you are not more than 60 days late on a payment, the penalty rate will apply to transactions made on your account after a date specified in the advance notice. Once in effect, if you then make all required payments by the payment due date for six consecutive billing periods, your rate will return to the standard APR: otherwise, the penalty rate will apply indefinitely. If you are or become more than 60 days late on a payment, the penalty rate will apply to all balances and new transactions on your account not alreadysubject to the penalty rate as specified in the advance notice. Once In effect if you then make six consecutive minimum payments by the payment due date, starting with your first payment due date after the date specified in the advance notice, your rate for any balances created on your account prior to or within 14 days after the date of the advance notice that are not already subject to (or scheduled under a prior nonce to be subject to) the penalty rate will return to the standard APR. If you do not make these six consecutive minimum payments, we may apply the penalty rate to all balances on your account indefinitely. B. When We Charge Interest. 1. Purchases. We charge interest on your purchases from the date you make the purchase until you pay the purchase in full, except as set forth below: • We will not charge you interest during a billing cycle on any purchases 9 (1) you had no balance at the beginning of the billing cycle or (i) you had such a balance, you paid that balance in full by the due date in that billing cycle. • We will credit, as of the beginning of the billing cycle, any payment you make by the due date that we allocate to purchases if (1) you had no balance at the beginning of the previous billing cycle, or (ii) if you had such a balance, you paid that balance in fug by the due date in the previous billing cycle. 2. Balance Transfers and Cash Advances. If applicable, we charge interest on your balance transfers and cash advances (and their related fees) from the date you make the transaction; unfit you pay them in full. You cannot avoid paying interest on balance transfers or cash advances or on their fees. C. How We Calculate Interest During billing cycles in which interest is charged, for each balance type an your account we figure the interest charge on your account by applying the periodic rate to the "daily balance" of your account for each day in the billing cycle. A separate daily balance will be calculated for the following balance types, as applicable: purchases, balance transfers, cash advances and other balances that are subject to different interest rates, plans or special promotions. • First, we determine the "daily balance". To determine the daily balance, we take the beginning balance each day, add any new charges and fees posted that day, and subtract any payments and credits posted that day. This gives us the daily balance. • Second, we calculate the amount of interest charged. To do this, we multiply the applicable daily rate by each daily balance on your account. • Third, we add the interest amount to the daily balance, and the sum will become the beginning balance for the following day. Your interest charge for the tilling cycle is the sum of the interest amounts that were charged each day during the billing cycle for each balance type. We charge a minimum of $2 of interest in any billing cycle in which you owe interest. 11. FEES. We may charge some or all of the f0llowing fees. The table at the beginning of this Agreement shows the amount of each of the transaction and penalty fees. A. Transaction Fees. 1. A Balance Transfer Fee for each balance transfer you make. 2. A Cash Advance Fee for each cash advance you get. B. Penalty Fees. 1. A Late Payment Fee if we do not receive at least the total minimum payment due on your account by 5:00 p.m. (ET) on the due date shown on your statement. The amount of the late payment fee will be equal to: (1) $25 if you have paid at least your total minimum payment due by the payment due date in each of the prior six billing cycles or (2) $35 if you have failed to pay at least the total minimum payment due by the payment due date in any one or more of the prior six billing cycles. However, if the late payment fee would exceed the total minimum payment for which the late payment fee is assessed, the amount of the late payment fee will instead be equal to the amount of the total minimum payment that was due. 2. A Returned Payment Fee N any check or other instrument sent to us, or any electronic payment authorization you provide us in payment on you account, is not honored upon first presentment, even if the check, instrument or electonic authorizadon is later honored. The amount of the returned payment fee will be equal t0; (1) $25 li your payments have been honored upon first presentment in each of the prior six billing cycles or (2) $35 if any payment has been dishonored upon first preserilmarit in any one or more of the prior six billing cycles. However, it the returned payment fee would exceed the total minimum payment for the cycle in which the payment was dishonored upon first presentment, the amount of the returned payment fee will instead be equal to the amount of the total minimum payment that was due. C. Other Fees. 1. A Returned Convenience Check Fee of up to $35 if we do not honor a convenience check because (I) it will cause you to go over your cash advance limit, (0) you filed a petition In bankruptcy, (fin) the check is expired, or (iv) your account is dosed. The amount of the returned convenience check fee will be equal to: (1) $25 if your convenience checks have been honored in each of the prior six billing cycles or (2) $35 if any convenience check has beers dishonored in any one or more of the prior six billing cycles. However, if the retumed convenience check fee wand exceed the amount of the dishonored convenience check, the amount of the returned convenience check fee will instead be equal to the amount of the dishonored convenience check. 2. A Stop Payment Fee of $39.99 if we stop payment on any convenience check at your request 12. YOUR PAYMENTS. A. Required Payment and Crediting of Payment Each billing cycle you must pay at least the total minimum payment by 5:00 pm (ET) on the payment due dare. You may at any time pay more than the toted minimum payment. If you have a balance subject to interest, earlier payment may reduce the amount of interest you will pay. Any payments received after 5:00 pm (ET) will be credited as of the next day. We may delay making credit available on your account in the amount of your payment B. Minimum Payment Your total minimum payment will be calculated as shown below. We round up to the next highest whole dollar in figuring your total minimum payment. In addition, if your new balance on your billing statement is less than $25, then your total minimum payment will be equal to the new balance. Your minimum payment will be: 1. The sum of the following: (a) The greater of either. W $25; or (ii) 3.751/6 of the new balance shown on your billing statement (excluding any balance attributable to any special promotion that involves delayed or special payments); PLUS (b) Any past due amounts; PLUS (c) Any payment due in connection with a specific promotional purchase. 2. If you are charged a late payment fee during a billing cycle, for the next four months, we will make the following cak;ulation each month as kung as you make at least the initial minimum payment each month. We will calculate if the total of your payments is at least equal to the sum of the following: (A) the interest biped on your statement each month, plus (B) 1% of the new balance shown on your billing statement each month (excluding any balance attributable to any special promotion that involves delayed or special payments), plus (C) the late payment fee that was assessed in the billing cycle before the four month period. If for the feu month period the sum of your payments is not at least equal to the sum of A, B and C, then your minimum payment for future billing cycles will be the greater of either: (a) the minimum payment calculation shown in (1) above; or (b) the sum of: (i) 1 % of the new balance shown on your billing statement (excluding any balance attributable to any special promotion that involves delayed or special payments) plus interest and late payment fees charged to your account in the current billing cycle; PLUS (n) Any past due amounts; PLUS (iii) Any payment due in connection with a specific promotional purchase. C. How to Make a Payment. To make a payment you must follow all the instructions below and the instructions on your billing statement. If you do not follow thew instructions, credit of your payment to your account may be delayed up to On days. 1. Do the following: (a) make your payment in United States dollars by check, money order, or similar instrument from a bank located in the U.S; (b) send the payment coupon from your billing statement with your payment; (c) send the payment and payment coupon in the envelope provided with your billing statement to the payment address listed on your billing statement; and (d) send only one payment and one payment coupon in each envelope. Altemativeiy you may make your payment online at the website address shown on your billing statement provided you make your payment in United States dollars from a bank located in the U.S. 2. Do not do the following: (a) staple, paper do, tape or fold your payment or payment coupon; (b) include any other papers or items with your payment; (c) use a balance transfer or convenience check from your account to pay us; or (d) send us cash. D. Other Ways to Make a Payment. Certain participating stores or providers may take payments that you make to them as a convenience to you. We may not credit those payments to your account until we receive them. We may allow you to make payments over the phone as an accommodation to you, but we may charge you a fee to do so. E. Disputed Amounts. If you send us correspondence about a disputed amount, you must send it to the address for billing inquiries shown on your billing statement You may not send it to the payment address shown on your billing statement. By "disputed amount," we mean a payment of less than the full balance on your account that is labeled as "payment in full" or similar language, or is given to us as full satisfaction of a disputed amount, or is given to us with other conditions or limitations. We may accept these types of payments without giving up any of our rights. F. Authorization. When you provide a check as payment, you authorize us either to use inkumation from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use infomnation from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. 0. Payment Allocation. We reserve the right to select the method by which the required minimum payment is allocated to different balances on your account. Some or all of the required minimum payment on your account will be applied to lower APR balances before higher APR balances. The payment allocation method that we use may result in higher interest on your account or reduced savings attributable to any spacial promotions. Any payment you make in excess of the required minimum payment will be allocated to balances with higher APRs before balances with lower APRs, unless applicable law requires or permits otherwise (Such as when your account has a carfain type of special promotion). 13. SPECIAL PROMOTIONS. At limes, we may offer you special promotions when you use your account for certain transactions. These special promotions will have some terms that are different from the terms in this Agreement The provisions of this Agreement apply to any special promotion, unless otherwise provided under the terms of the special promotion. We may terminate your pa ticipation in any special promotion and/or apply the penalty rate to your account balances (Including special promotion balances) if you become more than 60 days late on any payment due on your aapur>t if this happens, each special promotion balance will no longer be subject to the terms of the special promotion and will instead be subject to the terms of this Agreement. A promotional charge may be charged as part of a special promotion. Please see any special promotion advertising (including in-store signs) or other disclosures provided to you for the full terms of any special promotion offered. 14. SECURITY INTEREST. You grant us a purchase money security interest in each item of merchandise purchased on your account to secure its unpaid purchase price until such merchandise is paid in full. Solely for the purpose of determining the extent of our purchase money security interest in each such item of merchandise, your payments will be allocated first to interest on the account, and then to pay off each purchase on the account in the order in which the purchase was made (if more than one item was purchased on the sane day, your payments will be allocated to pay off the lowest priced item first). If you made a purchase pursuant to a credit promotion, the balance with respect to the promotional purchase may be shown on statements during the promotional period and may reflect a different payment allocation method. In no event will we assert a security interest in the promotional purchase for an amount greater than the lowest balance shown on a statement for that promotional purchase. We agree that no security interest is or will be retained or acquired under this agreement in any real property which is used or is expected to be used as your dwelling. Should we feel it necessary, you authorize us to sign and file financing statements regarding any vehicle purchased. For some individual purchases under your account, we may require you to maintain property/casualty insurance on the purchase as a condition of granting you credit. You will be informed of any property/casualty insurance requirement at the time you make the purchase. 15. UNAUTHORIZED USE. If you notice the loss or theft of your credit card or possible unauthorized use of your card, you should callus immediately at 1.866-398-8254. You will not be liable for any unauthorized use on your account. You agree that unauthorized use does not include use by a person to whom you have given your card or allowed use of your account. You 41 be responsible for all use by such a person. 16. YOUR CREDIT REPORTS AND ACCOUNT INFORMATION. A. Using and Sharing Your Information. When you applied for an account you gave us information about yourself. You also agreed that we could ask others for information about your creditworthiness and that we could ask consumer reporting agencies for your consumer report. We use this information in considering your application. We also use this information for any updates, renewals or extensions of credit on your account. We use this information to review and collect your account. We use this information to provide you with offers. We may give information about you or your account to consumer reporting agencies and other proper parties. This information may include your performance under this Agreement. B. Inaccurate Information. Tell us H you think we reported wrong information about you to a consumer reporting agency (also called a credit bureau). Write to us at P.O. Box 981439, El Paso, TX 79998.1439. In your written communication, tell Ile what information Is wrong and why you think It is wrong. N you have a copy of the credit report that Includes the wrong information, send a copy of It with your written communication. We may report information about your account to credit bureaus. Lab payments, missed payments, or other defaults on your account may be reflected in your credit report. 17. USE OF INFORMATION ABOUT YOU AND YOUR ACCOUNT. We will give information about you and your account to dealemimorchents/retailers and participating professionals that accept this credit card (and their affiliates) and you consent to this. Dealerslmercdhants/retailers and participating professionals will use the information in connection with the credit card program and for things like creating and updating their records and offering you special benefits. We will use information about you and your account as set font in the privacy policy that is attached to or enclosed with this document. 18. CHANGE OF ADDRESSIPHONE NUMBER. You agree to tell us right away if you change your address or phone number(s). We will contact you at the address in our records until we are able to update our records with your new address. 19. CONSENT TO COMMUNICATIONS. You consent to us contacting you using all channels of communication and for all purposes (including collection purposes), using all contact information you provide to us. You also consent to us and any other owner or servicer of your account contacting you about your account, including using text messages, any automatic telephone dialing system and/or an artificial or prerecorded voice when contacting you, even if you are charged for the call under your phone plan. You are responsible for any charges for contacting you that may be billed to you by your communications carriers. 20. TELEPHONE MONITORING. For quality control purposes, you permit us to listen to or record telephone calls between you and us. 21. CLOSING YOUR ACCOUNT. A. When You May Close Your Account You may dose your account at any time by writing or calling us and asking us to close your account. You must send this writing to the address shown on your billing statement or call us at the customer service number shown on your billing statement. We will dose your account after we get your request B. When We May Close Your Account. Subject to the requirements and limitations of applicable law, we may dose your account at any time and for any reason. C. After You or We Close Your Account. if you or we dose your account, you must stop using ft. You will still have to pay us the full amount you owe On your account. This Agreement controls your account until you pay it in lull. 22. DEFAULT. Subject to the requirements and limitations of applicable law, you are in default if you: • Make a late payment; • Do not follow any other term of this Agreement; or • Become bankrupt or insolvent. If you default or upon your death, we may, suNed to the requirements and krnitabons of applicable law: (i) make the full amount owing on your account due right away; (it) bring a legal action to collect all amounts owed; and/or (iii) take any action allowed by law. We may also reduce your credit limit or close your account at anytime whether or not you are in default. 23. COLLECTION COSTS. If we ask an attorney to collect your account, we may charge you our collection costs. Collection costs may include court costs, reasonable attorneys' fees and fees for repossession, repair, storage and sale of any vehicle searing a purchase. We will charge these costs only 9 the attorney we ask to collect is not our salaried employee and the law allows us to do so. 24. DISPUTE AND CLAIM RESOLUTION (INCLUDING ARBITRATION) PROVISION. General/Requirement to Arbitrate. PLEASE READ THIS PROVISION CAREFULLY, UNLESS YOU SEND US THE REJECTION NOTICE DESCRIBED BELOW, THIS PROVISION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL. BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED, This Provision replaces any existing arbitration provision with us and will stay in force no matter what happens to your account, including termination. Upon demand, and except as otherwise provided below, you and we must arbitrate individually any dispute or claim between you, any joint cardholder and/or any additional cardholder, on the one hand; and us, our affil hates, agents and/or dealenUmerchants/retatiers or participating professionals, on the other hand, if the dispute or claim arises from or relates to your account. However, we will not require you to arbitrate. (1) any individual case in small claims court or your state's equivalent court, so long as it remains an individual case in that cant; or (2) any claim by us that only involves our effort to collect money you owe us. However, if you respond to a collection lawsuit by claiming that we engaged in any wrongdoing, we may require you to arbitrate. YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION AGAINST US IN COURT OR ARBITRATION. ALSO, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY CARDHOLDER WHO IS NOT A JOINT OR ADDITIONAL CARDHOLDER WITH Y04J ON YOUR ACCOUNT (AN "UNRELATED CARDHOLDER'), AND YOU AGREE THAT NO UNRELATED CARDHOLDER MAY BRING ANY CLAIMS AGAINST US ON YOUR BEHALF. CLAIMS BY YOU AND BY AN UNRELATED CARDHOLDER MAY NOT BE JOINED IN A SINGLE ARBITRATION. Only a court may decide whether any part of this paragraph is enforceable. If it is finally determined that this paragraph is not fully enforceable, only this sentence of the Provision will remain in force and the remainder of the Provision wig be null and void, provided that the courts determination concerning the enforceability of this paragraph shag be subject to appeal. Starting an Arbitration. If you or we elect to arbitrate a claim, the electing parry must notify the other party in writing. This notice can be given after the beginning of a lawsuit and can be given in papers fled in the lawsuit Otherwise, your notice must be sent to GE Money Bank, Legal Operation, 950 Forrer Boulevard, Kettering, OH 45420, ATTN: ARBITRATION DEMAND and our notice must be sent to the most recent address for you in our files. The parry sealing arbitration must select as the arbitration administrator either the American Arbitration Association ("AAA7, 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org, (800) 778-7879, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, (800) 352-5267. If neither the AAA nor JAMS is able or willing to handle the dispute, then the parties will resolve their dispute in court. The arbitration administrator will appoint the arbitrator and tell the parties what to do next. The arbitrator must be a lawyer with at least ten years legal experience. In making decisions or awarding remedies, the arbitrator must apply the same law and legal principles that would apply in court, but may use different procedural rules. If the administrator's rules conflict with this Provision, this Provision will control. Arbitration Location and Fees. The arbitration will take place by phone or at a location reasonably convenient to you. Upon your request, we will normally pay all the fees the administrator or arbitrator charges, if we believe you are acting in good faith. We will always pay these arbitration costs, as well as your legal fees and costs, to the extent required under applicable law or in order for this Provision to be enforced. Governing Law. This Provision is governed by the Federal Arbitration Act (the 'FAA*). Utah law shah apply to the extent state law is relevant under Section 2 of the FAA in determining the validity of this Provision. The arbitrator must follow: (1) the substantive law, consistent with the FAA, that would apply if the matter had been brought in court, (2) this Provision, and (3) the administrator's rules. The arbitrators decision will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator's award. Rejecting this Provision. You may reject this Provision, in which case only a court may be used to resolve any dispute or claim. Rejection will not affect any other aspect of this Agreement. To reject, you must send us a notice within 60 days after you open your account or we first provide you with a right to road this Provision. The notice must include your name, address, and account number and be mailed to GE Money Bank, P.O. Box 981429, El Paso, TX 79998-1429. This is the only way you can reject this Provision. 25. WAIVER. We may decide to give up any of our rights under this Agreement. This includes our right to impose the full amount of any charge. If we do, we do not give up any of our other rights under this Agreement If we give up any of our rights in one situation, we do not give up the same right in another situation. Except as we may agree in a signed writing, we do not give up any rights if we (a) accept a late or partial payment, (b) accept a check or other payment marked "payment in full" or tendered with other conditions or limitations, (c) extend the due date of any payment due under this Agreement, and/or (d) release any collateral or person responsible for your obligations under this Agreement. 26. ASSIGNMENT. We may sell, assign or transfer any or all of our rights or duties under this Agreement or your account This includes our rights to payments. We do not have to give you prior notice of such action. You may not sell, assign or transfer any of your rights or duties under this Agreement or your account 27. SEVERABILITY. If any part of this Agreement is found to be void or unenforceable under applicable law, all other parts of this Agreement will still apply. 28. ENTIRE AGREEMENT. This Agreement, along with the other documents listed in section 1 above, are the entire Agreement between you and us relating to your account These documents replace any other agreement relating to your account that you and we made earlier or at the same time. This Agreement may not be changed except as provided In this Agreement. Your Billing Rights: Keep this Document for Future Use This notice tells you about your rights and our responsibilities under the Fair Credit Bfiling Act. What To Do If You Find A Mistake On Your Statement If you think there is an error on your statement, write to us at the address shown on your statement under billing inquiries. In your letter, give us the following Information: • Account information: Your name and account number. • Dollar amount- The dollar account of the suspected error. • Description of problem: If you think there is an error on your big, describe what you believe is wrong and why you believe it is a mistake. You must contact us: • Within 60 days after the error appeared on your statement At least 3 business days before an automated payment is scheduled, rf you want to stop payment on the amount you think is wrong. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. What 1011 Happen ARer We Receive Your Leffer When we receive your letter, we must do two things: 1. Within 30 days of receiving your letter, we must fell you that we received your letter. We will also tell you if we have already corrected the error. 2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the hill is coned. While we investigate whether or not there has been an error: • We cannot try to collect the amount in question, or report you as delinquent on that amount. • The charge in question may remain on your statement, and we may continue to charge you interest on that amount. • While you do not have to pay the amount in question, you are responsible for the remainder of your balance. • We can apply any unpaid amount against your credit limit. After we finish our investigation, one of two things will happen: if we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount if we do root believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe. If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days tettng us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tall you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us. if we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct. Your Rights tf You Are Dissatisfied With Your Credit Card Purchases if you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, at of the following must be true: I . The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at the address shown on your statement under biting inquiries. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we wig tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent. 18"19-00 Rev, 11/15/2010 M-97854 FR833282333_CareCredit T&C PLCC PDF 1/11 VERIFICATION 1, 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 NICOLE HERB owes the balance of $7,910.08 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: AUG 3 1 2011 Dated: PETER HUBER Authorized Representative SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 1 = Sheriff ?4a?titr ct tirrnbr??? ? ' . Jody S Smith r R Chief Deputyz `X i 0r'iT 2 1 9 Richard W Stewart kiBE R t_ tf3 Solicitor OM -F THE ?-ERIFF J e Cach, LLC Case Number vs. Nicole Ann Herb 2011-7708 SHERIFF'S RETURN OF SERVICE 10/13/2011 02:37 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on October 13, 2011 at 1437 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Nicole Ann Herb, by making known unto herself personally, at 320 Franklin Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. r"'01 ( L<?? MICHELLE GUTSHALL, DEPUTY SHERIFF COST: $34.00 October 18, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (c; < otsmySuite Sheriff, Teieosoft h.r, Law Firm of Allan C. Smith, P.C. Attorney I.D. 204756 Bucks County Office Center 1276 Veterans Highway, Suite E-I Bristol. PA 19007 1-888-275-6399//(215)428-0666 111 OF TIHIE r) CjfjONOTAR Y 2012 FEB 16 AM 11: 23 CUMBERLAND COUNTY PENNSYLVANIA CACH, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff(s), ) NO: 11-7708 vs. ) NICOLE HERB ) PRAECIPE TO ENTER Defendant(s). ) JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Please enter a Default Judgment in favor of plaintiff, CACH, LLC, and against the defendant(s), NICOLE HERB, for failure to answer or otherwise respond to the Complaint in Civil Action. The Complaint was served upon the defendant(s) on October 13, 2011. A copy of the proof of service is attached hereto as Exhibit "A". A copy of the Notice of Intention to take Default mailed to defendant(s) NICOLE HERB by regular United States mail, postage paid, on January 6, 2012, is attached hereto as Exhibit "B". Assess damages in the amount of $ 10,859.84 as follows: [a] $ 10,859.84 principal being sought in the Complaint; [b] and $ interest being sought in the Complaint; [c] and reasonable attorney's fees of $0.00, or $0.00 per hour, [d] and Court Costs of $0.00, [e] and Costs of Service of $0.00. Date: February 1, 2012 By: Allan C. Smith, Es . Attorney I.D. No. 204756 of rya -4 l b.a f 4 at e16 4'5%qljo?l g# c9T/ 3S ?. ?,,.o YV In.; l? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff .° nt ?itmbrr?an Jody S Smith Chief Deputy t Richard W Stewart Solicitor OFFICE OF THE SmERIFF Cach, LLC Case Number vs. 2011-7708 Nicole Ann Herb SHERIFF'S RETURN OF SERVICE 10/13/2011 02:37 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on October 13, 2011 at 1437 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Nicole Ann Herb, by making known unto herself personally, at 320 Franklin Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. MICHELLE GUTSHALL, DEPUTY SHERIFF COST: $34.00 October 18, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF c +Jeum,Suae Shenff. Te,eoseft Inc 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 1-888-275-63991!(215)428-0666 Attorney for Plaintiff CACH,LLC Plaintiff, vs. NICOLE HERB Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 11-7708 CERTIFICATE OF SERVICE OF NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT I, ALLAN C. SMITH, ESQ., of full age, certify that I mailed a copy of the annexed NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT upon defendant NICOLE HERB by United States mail, postage prepaid and certified mail, on January 6, 2012 at his/her last address of: 320 FRANKLIN ST CARLISLE, PA 17013 Date: February 1, 2012 B. Allan C. mith, Esq. Attorney I.D. No. 204756 Law Firm of Allan C. Smith, P.C. Attorney I.D. No. 204756 1276 Veterans Hwy-Suite E-1 Bristol, PA 19007 1-888.275-6399 // (215) 428-0666 Attorney for the Plaintiff CACH, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, ) VS. ) No.: 11-7708 NICOLE HERB ) NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO: NICOLE HERB 320 FRANKLIN ST CARLISLE, PA 17013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CAN NOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 Dated: January 6, 2012 Law Firm of Allan C. Smith, P.C. Attorney I.D. 204756 Bucks County Office Center 1276 Veterans Highway, Suite E-I Bristol, PA 19007 1-888-275-6399 // (215) 428-0666 Attorney for Plaintiff CACH, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, ) NO: 11-7708 vs. ) NICOLE HERB ) Defendant(s). ) CERTIFICATION OF NON-MILITARY SERVICE I, ALLAN C. SMITH, ESQ. of full age, certifies as follows: 1. I am the plaintiff's attorney herein, and have sufficient knowledge of the facts and am fully authorized to make this Certification, 2. My information is that the defendant is NICOLE HERB. 3. Our latest information is that the defendant is employed at unknown. 4. To the best of my information and belief, the Defendant is not a member of the military services of the United States of its allies or otherwise within the provisions of the Soldiers' and Sailors' Relief Act of 1940, as amended, and as stated in the attached Department of Defense Manpower Data Center reports. 5. This certification is taken subject to the penalties of 18 PaCSA 4904 relating to unsworn falsification to authorities. Date: February 1, 2012 B Allan Smith, Esq. Attorney I.D. No. 204756 Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Jan-24-2012 13:32:37 4( Last First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency Name Based on the information you have furnished, the DMDC does not possess HERB NICOLE an information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). olt Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.mil/fag/pis/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. 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 Plaintiff, vs. NICOLE HERB Defendant(s). To: NICOLE HERB 320 FRANKLIN ST CARLISLE, PA 17013 NOTICE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 11-7708 Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: y: Clerk X Judgment by Default Money Judgment - Judgment in Replevin - Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict - Judgment on Court Verdict If you have any questions concerning the above, please contact: ATTORNEY: HARRISON ROSS BYCK, Esquire at 215-428-0666 or 1-888-275-6399 PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 CACH, LLC 4340 S. Monaco Street, 2nd Floor Denver, Colorado 80237 Plaintiff(s), VS. NICOLE HERB 320 FRANKLIN ST CARLISLE, PA 17013 Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA, Docket No.: 11-7708 -, ............. TO THE PROTHONOTARY: ISSUE and INDEX WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania, (2) against NICOLE HERB Defendant(s); (3) and against Plus costs. as a [is pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe property to be levied upon by Sheriff) 9 Z.60 pa A-rr4 34.00 U. oo t(, . so '• a.so•• (4) Amount Due Interest from April 05, 2012 Garnishee(s); 173.50 - Pn A-"q 1laann C. mith, Esq. Attorney for Plaintiff(s) So'0 ao47 51 01 OxCo •5D LL C* 1?Va4 3 (,?ritdal?ac? $ 10,859.84 TOTAL ALLAN C. SMITH, ESA. P.C. BRISTOL OFFICE CENTER 1276 VETERANS HIGHWAY, SUITE E-1 BRISTOL, PA 19007 215-428-0666 / 888-275-6399 CACH. LLC COURT OF COMMON PLEAS 4340 S. Monaco Street, 2nd Floor : CUMBERLAND COUNTY, PENNSYLVANIA Denver, Colorado 80237 Plaintiff(s), ; vs. NICOLE HERB Docket No.: 11-7708 320 FRANKLIN ST CARLISLE, PA 17013 Defendant(s). WAIVER OF WATCHMAN BY ORDER OF THE SHERIFF OF CUMBERLAND COUNTY COURTHOUSE - CARLISLE, PA 17013 r, i73 SIR: There will be placed in your hands for service a Writ of Execution, styled as follows: CACH, LLC, Plaintiff vs. NICOLE HERB, defendant(s), (1) The defendant will be found at: 320 FRANKLIN ST CARLISLE, PA 17013 J Alla ith, Esq. (2) If Writ of Execution, state below where Defendant will be found, what goods and chattels shall be seized and be levied upon. If real estate, attach three copies of description (not place of record) together with street and number of the premises. ANY AND ALL PERSONAL PROPERTY OF THE DEFEDNANT LOCATED AP 320 FRANKLIN ST CARLISLE, PA 17013 (3) WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within may leave same without a watchman, in custody of whoever is found in possession, after notifying such person of such levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. 4-Al jpgr C. S ith, Esq. Att rney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-7708 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CACH, LLC, Plaintiff (s) From NICOLE HERB, 320 Franklin St, Carlisle, PA 17013 (]) You are directed to levy upon the property of the defendant (s)and to sell 0.0 pelrsona? prOr`k1 (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $10,859.84 Interest Atty's Comm % Atty Paid $173.50 Plaintiff Paid Date: 4/16/12 (Seal) L.L. $.50 Due Prothy $2.25 Other Costs David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name ALLAN C. SMITH, ESQUIRE Address: ALLAN C SMITH, ESQ. PC BRISTOL OFFICE CENTER 1276 VETERANS HIGHWAY, SUITE E-1 BRISTOL, PA 19007 Attorney for: PLAINTIFF Telephone: 215-428-0666 Supreme Court ID No. 2047561