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Home My WebLink About11-8162r•t IN THE COURT OF COMMON PLEAS OF CUM9M-AND COUNTY, 2 7 T, t; PENNSYLVANIA t I J{'? CACH,LLC VS. NO: // - 9 1 ? ! u , L? CINEMAGIC 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 ?Qa. oo Pr-L41 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 FLOOR ) CUMBERLAND COUNTY DENVER, CO 80237 ) Plaintiff, ) VS. ) No.: CINEMAGIC ) 23 HOUSTON DR ) MECHANICSBURG,PA 17050, ) Defendants. COMPLAINT To: CINEMAGIC 23 HOUSTON DR MECHANICSBURG,PA 17050, 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 Defendants CINEMAGIC, 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, CINEMAGIC, is an individual residing at 23 HOUSTON DR, MECHANICSBURG, PA 17050. 3. The claims raised in the complaint are subject to an agreement to submit these claims to arbitration. <Exhibit C> 4. Defendants, CINEMAGIC, are indebted to MBNA AMERICA, N.A. on an account stated by and between them in the amount of $3,314.04 which balance was due and unpaid as of July 30, 2010, for credit card account number 5588465000224745. <Exhibit A> 5. Upon charge-off, the above account number was changed to 5588465000224745. 6. On or about August 13, 2010, FIA CARD SERVICES, N.A. sold the debt for good and valuable consideration to plaintiff, CACH, LLC <Exhibit B> 7. The Defendants, Cinemagic, last tendered a payment on March 1, 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 $2.5187 per day from the default date ( 27.740% annual percentage rate x $3,314.04 / 365 days) or $2.5187 x 423 days = $1,065.40; 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 $662.81 as stated in the Cardholder Agreement attached hereto as <Exhibit C>. 11. The defendant, being indebted to the plaintiff in the sum of $5,234.25 upon the account stated by and between them did promise to pay said sums upon demand. Demand has been made for payment of $5,234.25 and the defendants have failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendants for $5,234.25 together with other interest and costs of suit. Date: October 10, 2011 EXHIBIT A Platinum Plus for Business Cardholder Statement 266558 M 50002247452DIO0715 Credit Limit $0 Billing Date 07-15-10 Cash Limit $00 Days in Billing Cycle 30 Cash Advance Balance SO.00 Payment Due Date 08-11-10 Available Credit SO Minimum Payment Due $893.99 New Balance $3,314.04 EDWARD W RICHEY 23 HOUSTON DR Account Number: 5588 4650 0022 4745 -710 Page 1 of 1 CARDHOLDER MESSAGES YOUR ACCOUNT IS 150 DAYS PAST DUE. IT IS IMPERATIVE THAT YOU CONTACT US WITHOUT DELAY TO MAKE ARRANGEMENTS TO AVOID CHARGEOFF. PLEASE CALL (866)821.0563. CARDHOLDER ACTIVITY Posting Sale Date Date Category Reference Number Transactions Amount 07-12 07-12 LATE PAYMENT FEE 39.00 07-15 07-I5 PURCHASE "FINANCE CHARGE" 72.60 Customer Service: Fhance Charges Total Annual Percentage Rate 27.24% Account Summary 800.673.1044, 24 hours Average Daily Annual Periodic Previous Balance $3,202.44 www.bankofarnerica.com Daily Periodic Percentage Finance Payments - $0.00 Outilde the U S : Balance Rate Rate Charge Credit - $0.00 . . 509.353.6656, 24 hours PURCHASES $3,242.54 0.07463% 27.24% $72.60 Purchoses/Other + $0.00 CASH' $0.00 0.07463% 27.24% 50.00 Debits/Other Fens For Lost or Stolen Card: Cash Advances + $0.00 800.673.1044, 24 hours Ovedimit Fees + $0.00 Late Payment Fees + $39.00 Finance Charge + $72.60 = New Balance $3,314.04 Send Bung Inquiries to. BANK OFAMEWCA PO BOX 15184 WILMINGTON DE 1985 0. 5 1 84 Bankof America Business Card Pay ment Coupon Check box and indicate address change on reverse. Please e Enter Amount Q Account No. 5588 4650 0022 4745 Enclosed $ Payment Due Date 08-11-10 Minimum Payment Due $993 99 Make check or money order payable to; New Balance . S3,314.04 BUSINESS CARD Mail payment to address below. ?sn???su???nu?s?tQsttm??t??urst??ts?t?n?s?u??ns?t?) EDWARD W RICHEY CINEMAGIC 23 HOUSTON DR MECHANICSBURG PA 17050.161223 558846500022474500893990331404 BUSINESS CARD PO BOX 15710 WILMINGTON DE 19886.5710 Ibis is an elactronic reproduction of yaw statement and may not contain all of the disclamass iochdad with your origLmt statame m. Platinum Plus for Business Cardholder Statement EDWARD W RICHEY 2215 MiLLENIUM WAY Account Number: / 5588 4650 0022 4745 3 jp Page 1 of I MESSAGES IN ACCORDANCE WITH YOUR CARDHOLDER AGREEMENT, YOUR ACCOUNT HAS BEEN MOVED INTO PENALTY RATE PRICING FOR MISSING TWO (2) CONSECUTIVE MINIMUM PAYMENTS, YOURACCOUNT WILL RETURN TO THE REGULAR INTEREST RATES AFTER YOU MAKE THE MINIMUM PAYMENT DUE ON-TIME FOR SIX (6) CONSECUTIVE MONTHS. YOUR ACCOUNT 15 60 DAYS PAST DUE AND HAS BEEN REFERRED TO OUR COLLECTIONS DEPARTMENT. PLEASE CONTACT US AT (866)729-9138. CARDHOLDER ACTIVITY Posting Sale Date Date Category Reference Number Transactions Amount 03-01 0248 05981100000000596039438 MAKEAPAYMENTNOW 10.000R 03.12 03-12 LATE PAYMENT FEE 39.00 03-15 03-15 PURCHASE *FINANCE CHARGE' 58.89 Customer Service: Finance Charffes Total Annual Percen tate Rate 27.24% 800.673.1044, 24 hours Average Daily Annual Periodic www.bankofamerica.com Daily Periodic Percentage Finance Balance Rate Rate Chance Outside the U.S.- PURCHASES $2,818.09 0.07463% 27.240% 558.89 509.353.6656, za hours CASH $0.00 0.07463% 27.24% $0.00 For Lost or Stolen Card: 800.673.1044, 24 hours Send BUMS Inquiries to: BANK OF AMERICA PO BOX 15184 WILMINGTON DE 19850-5184 Account Summary Previous Balance $2,789.97 Payments - $10.00 Credits 50.00 Purchased0ther + $OAO Debits/Other Fees Cash Advances + $0.00 Overlimit Fees + $0.00 Late Payment Fees + $39.00 Finance Charge + $58.89 New Balance = $2,877.86 Business Card Payment Coupon BankofAmeriea Please O Check box and indicate address change on reverse. Enter Amount Account No. 55884650 0022 4745 Estdased Payment Due Date 04-I1-10 Make check or money order payable to: Minimum Payment Due $334.70 BUSINESS CARD New Balance 12,877.86 Matz payment to address below. BUSINESS CARD EDWARD W RICHEY PO BOX 15710 CINEMAGIC WILMINGTON DE 191168-5710 2215 MILLENIUM WAY ENOLA PA 17025-149715 266558 W 500022474520100315 Credit Limit $0 Billing Date 03-15-10 Cash Limit $00 Days in Billing Cycle 28 Cash Advance Balance $0.00 Payment Due Date 04-11-10 Available Credit $0 Minimum Payment Due $334.70 New Balance $2,877.86 558846500022474500334700287786 7bn an eleettom rcprodoeticn of yourstatment and myna contain as of the din wom tneatdrd waft yow original staument. EXHIBIT B CERTIFICATE OF PURCHASE I, PFTFR HI JBEB , 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 Names: M LOUISE HANLEY and CINEMAGIC Original Creditor: MBNA AMERICA, N.A. Account Number: 5588465000224745 3. On or about August 13, 2010 this account was sold by the creditor. CACH, LLC is the current owner of the account and purchased the account for good and valuable consideration. Date: EP 12 2011 By: -' -, 1 ' Sworn and subscribed to before me this dayof SEP 12 2011 2011. Notary Public TA '•.. ,o 0. Qo '9 • . B L My Commission, Expires 03119/2012 offtm exirr c Tm uodws*W Arai Cg, ')anmd as ofilea date bemaf bdmby Maim* sails, umskm a , ub-o%w, s lines ad am"p to CAM LLC a Limited LWIty Comp my we d waft the lawsef'calwado ("Avjmm) vr d"A e+ omm emd Witbou=FEe?plltAtiamsar Wmam" assay mype, kK c out cc o mm emm arkgk4 ffidu *toowsRp ri as eat in %Item L I ad 9 .2, all of m"s vi^ title gad col in amd ibo eaub ofd loam idmdhpi in the loan WIN dUTO (%? gcbmlulz') dwbod 16 (do " ), Mpdw with tm ti& to au pal WPW, bftm cc adw Fvm& of any kind with mq*mto mha Low* ndue amd &M" as offt Cut DffDW* applicable is suck L ms u set fic& is ft Lon Agmmnm pum mt tD which the Laws am bobg 1(bbda 4but pot Mimed tv peoc &Avad am the +aoa vw*a, ve6aoiCmy or h voW Mary, of ottm Lam iz a* or allm Muhl pmpmq? JWq,, DATED: Amt 17, 2'414. F?- ASSIGNOR: F]A CARD SERVICL% N.A. 6 " /J110 Nt ; Debm L POWchn Title: Via ?ixe?nyt l-51S ftmomiam am otpam" Amd hdm aMxM]Meese hm ho rmt Irt•rdjz rm mrh-14w 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 right to limit some but not Merchant Services all marketing from all the Sank of America BA Merchant Services, LLC affiliated companies. Federal law also requires us to LaSalle Merchant Services, LLC ve you this notice to tellyyou about ur choice to unit marketing from all tFie Bank of?America 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 tbiy receive from other Bank of America companies. This information includes your income, your account history, and your credit score. Your choice to limit marketing offers from the Bank of America affiliated companies will applyffor at least 5 years from when you tell us your choice. Before our choice to limit marketin offers expires, CU will receive a renewal notice the 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 is marketing to you. For individuals with business purpose accounts, this limitation will only apply to marketing to individuals and not marketing to a business. To limit marketin offers, contact us at 800.374.2632 Effective October 1,008 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 Agency of Texas, Inc. Banc of America Insurance Services, Inc., dba Banc of America Insurance Agency General Fidelity Insurance Com any General Fidelity Life Insurance Vompany LaSalle Financial Services, Inc. dba LaSalle Insurance Services Brokerage and Investments BACAP Alternative Advisors, Inc. Bank of America Capital Advisors LLC Banc of America Investment Advisors, Inc. Banc of America Investment Services, Inc. Banc of America Securities LLC LaSalle Financial Services, Inc. U.S. Trust Hedge Fund Management, Inc. UST Securities Corp. IV (continued) BANK OF AMERICA PRIVACY To learn more about how Bank of America manages Customer Information and what actions you can take, lease continue reading. pI'hia 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 personally identifiable information about a consumer or a consumers current or former customer relationship with Bank of America. This policy is provided to you as required comppaaniesd denttiiffiiedciin Secta o Law aBank app bf eAmerica companies. 1. Making the security of information a priority Keeping fnancial information secure is one of our most important responsibilities. We maintain physical, electronic and procedural safeguards to protect Customer Information. Appropriate employees are authorized to access Customer ormation for smess urposes only. Our employees are bound by a code of eNhics that requires confidential treatmentt of Customer Information and are subject to disci o?n??oy 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 tune and money, better respond to our needs and manage our business and risks. Customer Information is categorized in the following six ways: A. Identification Information - information that identifies ou, such as name, address, telephone number and Social Security number. B. Application Information - information you provide to us on applications and through other means that win help us determine if you are eligible for producta you request. Examplea include assets, income and debt. C. Transaction and Experience Information - information about transactions and account experience, as weft as information about our communications with you. Examples include account balances, payment history, account usage D. Consumer Report Information - information from a cohistonsumeurrymer report. Examples include credit score and credit E. Information from Outside Sources - information from outside sources re employment, credit and other relationships that will p us determine if you are eligible for products you request. Examples include employment history, loan balances, credit card balances, property insurance coverage and other verifications. F. Other General Information - information tram 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. Managing information Managing information within Bank of America Bank of America is made up of a number of companies, including financial service providers, such as our brokerage company and credit card company, and nonfinancial companies, such as our operations and servicing subsidiaries. Bank of America may share any of the categories of Customer Information among our companies. For example, POLICY FOR CONSUMERS 2008 sharing information allows us to use information about your ATM, credit card and check-card transactions to identify, any unusual activity and then contact you to determine if your card has been lost or stolen. We occasionally receive medical or health information from a customer if, for example, a customer applies for insurance from us. We also may obtain information from insurance support organizations not affiliated with Bank of America that prepare and provide reports to others as well as to us. We do not share medical or health information among our companies, except to maintain or collect on accounts, process transactions, service customer requests or perform insurance functions to the extent permitted by law. Managing information with companies that work for us We may share any of the categories of Customer Information with companies that work for us, mcludinn? companies located outside the United States. Qkl nonaffiliated companies that act on our behalf and receive Customer Information from us are contractually obligated to keep the information we provide to them confidential, and to use the Customer Information we share only to provide the services we ask them to perform. Then companies may include financial service providers, such as payment processing companies, and nonfinancial companies, such as check printing and data procesom compames. In addition, we may ahaie any of the ca es of Customer Information with companies that work for us in order to provide marketingg support and other services, such as a service provider tHat dpistributes marketing materials. These companies 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 coormvip for uu sass wenwide marketing support and other Sharing information with third parties (for customers with credit cards and Sponsored Accounts) We may share Identification Information, Transaction and Experience Information, as well as Other General Information we collect about each of your (1) Bank of America credit card account(s) and (2) Sponsored Accounts at Bank of America, with selected thirds 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. Examples of these organizations. include colleges, sporting charities. Sponsored Accounts ma °includ deposit accounts or other banking services provided by Bank of America, such as a savings account co-branded with an automobile club. You will know whether an account is a Sponsored ?Appccount by atrhge appearance of the name or logo of the n g omaterriiaols. materials, such as statemen a sad aniidde If you an unsure whether any of your accounts are S_ponsored Accounts, please contact 1.888.341.5000. We may share information about credit cards and Sponsored Accounts with selected third parties, including: Financial services companies (such as mourA„ce agencies or companies and mortgage brokers and or?aaizatians with whom we have agreements to omt market financial products); o companies (such as retailers travel companies and membership organizations}; and Other companies (such as nonprofit organizations). The sharing of information, as described in this section, is limited to credit card and Sponsored Account information. Please see Section 4, Honoring your preferences to learn how you may choose to opt out of this sharing. Disclosing information in other situations We also may disclose any of the categories of Customer Information to credit bureaus and similar organizations and when required or permitted by law. For example, Customer Information may be disclosed in connection with fraud prevention or investigation, risk management and security, and recording mortgages in public records. 4. Honoring your preferences You have choices when it comes to how Bank of America shares and uses information. 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 arties. If you request that we not share information with third parties, we may still share information: • Where permitted or required by law as discussed in Section 3 under Disclosing information in other situations; + 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 multipCe 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 a plied to the entire account. Sharing among Bank of America companies You may _request that Application Information, Consumer Re ort Information and Information from Outside Sources notbe 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. Direct marketing You may choose not to receive direct marketing offers - sent by postal mail, to hone and/or e-mail - from Bank of America These preferences apply to all marketing offers from us and from companies working for. us. To minimi e the amount of telephone solicitation our customers receive Bank of America does not offer nonfinancial products and services through telephone solicitations. Direct marketing offers from us may include information about products and services we believe may be of interest to you. If you elect not to receive direct marketing offers by postal mail, telephone and/or e-mail, please note that we may continue to contact you as necessary to service your account and for other no marketing puurrpp9ses. You may also be contacted by your client relationamp manager or assigned account representative,. if applicable. Bank of America may also continue to provide marketing information in your regular account mailings and statements, including online and ATM communications. Each customer may opt out of each direct marketing option individually. Since marketing programa may already be in progress, it mayy take up to 12 weeks for your postal mail opt-out, to be f w1yeffictive. When you opt out of direct marketing by postal mail or telephone, your opt-out will last for ve `5 years After that, you may choose to renew yyour opt-out or another five-year period. S. Actions you can take You can tell us your preferences Or Notifying us at bankofemerka.com/privacy and entering your information on our secure Web site calling us toll free at 1.888.341.5000 Talking to a customer representative at a banking center or to your client relationship manager 6. Guarding your own information Bank of America. recommends that you take the following 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-mails requesting account numbers, passwords or PINS. Call the institution to verify the Iegi_timacy of the e-mail. Memorise t'ltvs andd 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 checking 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_annualcreditreport.com or call 1.877.322.8228. • If you think you have been a victim of identity theft or fraud, you mayy contact the Federal Trade Commission (FTC) to report any incidents and to receive additional guidance on steps you can take to protect yourself. Contact the FTC at www.consumer.¢ov/idtheft or 1.877.438.4338. We ping make ease witn our i-nvacy Yoitc timy a and will ges to this at any inform -you of changes, as required policyby law. To receive the most uppto-date Privacy Policy, you can visit our Web site at: baMfamerica.com/privacy or call us at 1.888.341.5000. 7. Bank of America companies This Privacy Policy applies to the following Bank of America companies that have consumer customer relationships: Banks and Trust Companies Bank of America, NA. Bank of America Trust Company of Delaware, N.A. United States Trust Company, NA. Consumer Card Services, LLC Card Services, L.P. d Advisors LLC e Services, Inc. neat Advisors, Inc. nent Services, Inc. Ass LLC Advisors, LLC Distributors, Inc. Management, L.P, .ment, LLC Management, Inc. ; Advisors LLC isurance Services, Inc. of America Agency, LLC of America Agency of Nevada Inc. of America Agency of Texas, Lc. of America Ineiaance Services, Inc., dba Banc of ica Insurance Agen of America Corporae Insurance Agency, LLC ,al Fidelity Insurance Company ,-al Fidelity Life Insurance Company NationsCredzt Financial Services Corporation For a current list of Bank of America companies that have consumer customer relationshipe and to which this policy applies, please visit our Web site A bankofameriea.com/privacy. Taia policy ap?pplies to consumer customer relationsMps established in the IInited States 'end ke effective Januay* 1 2008. This notice constitutes the Bank of America IIo Rot Cali Policy under the Telephone Consumer Protection Act for all consumers and is pursuant to state law. You may have other privacy protections under state laws, such as Vermont and California. To the extent these state laws apply, we will comply with them with regard to our information practices. For Nevada residents only. Nevada law requires that we also provide you with the following _contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 East Washington Street, Suite 3900, NV 89101; phone number: 702.486.3132; e-mail: ag.state.nv,us. Bank-of America, PO Box 25118, difornia residents only. The sctices described above are in law. Vermont and California law on sharing information about residents so long as they remain 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 Information Consumer Report Information and Information from Outside Sources about Vermont residents among the Bank of America companies except with the authorization or consent of the Vermont resident. California: In accordance with California law, Bank of America will not share information we collect about California residents with companies outside of Bank of America, except as permitted by law, such as with the consent of the customer, to service the customer's accounts, or to fulfill on rewards or benefits. We will limit sharing among our companies to the extent required by applicable California law. Estas normas estBn disponibles en espanol a travos de la a sucursal bancaria de su localidad m 2007 Bank of America Corporation. iii CREDIT CARD AGREEMENT YOUR CONTRACT WITH US Promise To Pay, and How We Allocate Your Payments) We reserve the right to chapge the terms of this Agreement at an time, as rtrther described in the section titled We May Amend is Agreement. WORDS USED OFTEN IN THIS AGREEMENT "Access check" means a check we provide to you to obtain credit on your account. "Agreement" or "Credit Card Agreement" means this document and any changes we make to this document from time to time. "APR" means the correspondin?gg Annual Percentage Rate. The APR corresponds to the iTaily Periodic Rate ("DPR") which is calculated by dividing the corresponding APR by M& ny other person with creditcards font issue on thi yas acccount 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 ?billig cycle, which is the "Previous Balance." Then we Advances, pA_LInenta Traansfera,Purchaasses and Adajdi stments and finance charges. 'Tay in Full" or "Paid in Full" means payments and credits in a billing_cycle totaling at least your previous billing Cycle's by the Total. In general, Pay in Full must be Period. y ? Payment Due Date in order to get a Grace "Promotional Offer" means limited time introductory or promotional offers on certain Balance Transfers, Cash Advances or Purchases at APRs that are lower than the Standard Rates for those features ("promotional Rates") and may be subfect to other conditions. Promotional Offers may also include limited time introductorg or promotional transaction fees CTromotional Fees") which may be hi¢ er or lower than the standard fees provided in the se ion titled Transaction Fee Finance Charges OTHER TERMINOLOGY We will use the definitions described under the section heading Words Used Often In This Agreement or as otherwise defined in this Agreement. If we use a capitalized term in this document but we do not define the term in this document, the term has the meaning as used in your monthly statement. We use section headings (e.g., Words Used Often In This Agreement) to organize this Agreement. The headings are for reference purposes only. HOW TO USE YOUR ACCOUNT You may obtain credit in the form of Balance Transfers, Cash Advances, and Purchases by using cards, access checks, your account number, or other credit devices. "Balance Transfer" means a transfer of funds to another do?2 noEaincludeba transacotaon et7zatsis oth?erwIse aCash Advance. Balance Transfers include Transaction Fees and adjustments associated with any Balance Transfer. "Cash Advance" means the use of your account for a loan obtained: 1. at an automated teller machine ("ATM Cash Advance"); 2. by a transfer of funds to a deposit account initiated by us at your request. ("Direct Deposit"). A Direct Deposit does not include an Overdraft Protection Cash Advance or a same day online funds transfer; I 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) C'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 ("Check Cash Advance"); 7. for any Payment you make to us that is returned to us unpaid for any reason, including the related finance charges ("Returned PaymenVI. "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,., Hus" pour", and "FIACS" means FIA Card Services, NA, also faown as Bank of America. "You" and "your" mean each and all of the p?ersons who are granted, accept or use an account we hold. "'You" and "your" also mean any other person who has guaranteed payment of this account, when used to the sections titled Your Contract Arbitra?n and gat on, ?andRwhen used inneachl of the sections relating to payment of this account (e.g., Your to: means the use of your card or account number to: 1. buy or lease goods or services; 2. buy wire transfers from a non-financial institution ("Wire Transfer Purchase"); I make a transaction that is not otherwise a Cash Advance. "Purchase" includes Account Fees, as well as Transaction (continued) lam Fees and adjustments associated with any Purchase. ANNUAL PERCENTAGE RATES This section provides the Standard Rates, Default Rates and Promotional 7lffers applicable to your account. Balance Transfers: The Standard Rate for Balance Transfer balances is a correspondin ANNUAL PERCENTAGE RATE of 9.90%(0.027123 DPR). Cash Advances: The Standard Rate for Cash Advance balances is a corresponding ANNUAL PERCENTAGE RATE of 24.99%(0.06846646 DPR). Purchases: The Standard Rate for Purchase balances is a corr ondin ANNUAL PERCENTAGE RATE of 9.90%T0.027&% DPR). Default Pricing: We may increase the APRs on all new and outstanding Balance Transfer Cash Advance, and Purchase balances up to the Default Rate, without giving you additional notice, each time you have two "defauull?t repricing events" in any twelve rolling consecutive billing =f . A default re-pricing event means: (1) you fail to any Total Minimum Payment Due by its Payment Due Date; or (2) your total outstanding balance exceeds your credit limit at an time in a billing cycle We may elect to set you APRs for Balance Transfer, Cash Advance and Purchase balances to different Default Rates. Do I-11t R.+.. nate iormuta with a of up to 23.99 percen poin?ts• this c?zrentl results in a corresponding ANNU PERG?ENTACsE RFiTE of 29.24%(0.080110% llPR). Each such APR increase will be effective as of the first day of the billing cycle in which the second default re-pricing event occurs. With each additional default re-pruin event we will again determine whether there have been wo deitault re-prici events in the preceding twelve consecutive billing cycles All Default Rates will remain in effect until you .I.. _1 _.._ is in effect-At that time we of these variable APRs by at These will be your new Promotional Offer 1D H6BHKH7MB: The Promotional Rate for this Promotional Offer is a cerressppondin ANNUAL PERCENTAGE RATE f 199% QO 2008 then this Promotional Offer will apply to eligible transactions postin to your account through your statement Closing ate in February 2009 and this Promotional Offer will end on your statement Closing Date in February 2009. If an elig?'ble transaction does not post to your account by your statement Closing Date in August 2008, then the Promotional Offer will end on your statement Closing Date in August 2008. Check Cash Advances bearing Offer ID HEBHM7MB and Direct Deposits which get this Promotional Offer will poet to your account as Balance Transfers. During the time in which you ma make quah transactions under this Promotional Offer they will b`e subject to the following Promotional Fees: Balance Transfers: 3.00% of each such ual transaction (Fee: Min. $10.00; Max. $99.00) (FA C1 CHARGE). This Promotional Offer may end at a?q time if there is a "promotion town-off event.' A promotion turn-off event means: (1) that any Total Minimum Payment Due is not received by its Payment Due Date; or (2) that your total outstanding balance exceeds your credit limit on any statement Closing Date. If a promotion turn-off event occurs then this Promotional Offer will end as of the first day of that billing c c1e. This means that this Promotional Rate will not be in a ect in that billing cycle. Promotional Offer ID HBBHHH7MC: The Promotional ANNUALRate OffRATEer ofs 199% Q 0p05452 DPR). This Promotional Offer applies to Purchases each at least 1400.00 (each an "eligible transaction" for this Promotional er). This Promotional Offer applies to new eligible transactions beginning on June 9, 2008. If an eligible transaction poste to your apcpcouat by Au mat 1, 2008 then this Promotional Offer Will fth Iy to eli 'ble transactions po to your account t thro his From?ottiionaall Of r will en on yoyur statembn tClosin Date in January 2009. If an eligl'ble transaction does not Est to your account by August 1 2008 than the promotional Offer will end on August 1, X008. , 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 nt Due is not received by its Payment Due Date, or (2) that your total outstanding balance exceeds your credit limit statement Closing Date. If a romotion turn-off nevent occurs then this Promotional Offer will end as of the first day of that billing cycle. This means that this Promotional Rate will not be in effect in that billing cycle. Promotional Offer ID H6BHKH7MD: The Promotional AAN?NU lL P RCEENTTAAGE RATTEeT ofa 1.99% (?0.0)5452 DPR). This Promotional Offer applies to Balance Transfers Direct Deposit Cash Advances and Check Cash Advances Searing this Promotional Offer ID (each an "eligible transaction" far this Promotional Offer). o (0. 5452 neginning on DPR). to your accoi 2008 then t Th Deposit Cash is Promotional Offer applies to Balance Transfers Direct transactions this Promotional Offer M (each an elig -eligible vtransactiion" forr Derr will eta this Promotional Offer). onno ro ,._ _1 This Promotional Offer applies to new eligible transactions beginning on Mayy 18, 20438. If an e ' ble ction posts to your account try your statement Closing Date in August tl Offer applies to new eligible transactions me 13, 2008. If an elluffiIe transaction posts b your statement Closing Date in August Promotional Offer will apply to elie Siting to our account through your ig Date in March 2009 and this Promotional an your statement Closing Date in March ile transaction does not post to your account nt Closing Date in August 2008, then the er will end on your statement CIoai% Date Check Cash Advances bearing Offer ID and Direct Deposits which get this Promotional Offers: From time to time we may make Promotional Offers on certain new Balance Transfers Cash Advances, and Purchases. When a Promotional Ober ends, its Promotional Rates will terminate. Any Balance Transfer Leah Advancc or Purchase balance sub1ect to that Promoi Tonal Offer wild return to its respective Standard Rate or Default Rate as applicable. Promotional Offer will post to your account as Balance Transfers. During the time in which you mayy make qualif 'ng transactions under this Promotional Vffer, they will be subject to the following Promotional Fees: Balance Transfers: 3.00% of each such __qctualify?'n transaction (Fee: Min. $10.00; Max. $99.00) (FINANCl? CHARGE). This Promotional Offer may end at an time if there is a "promotion turn-off event.' A promotion turn-off event means: (1) that any Total Minimum Payment Due is not received by its Payment Due Date; or (2) that our total outstanding balance exceeds your credit limit on any statement Closing Date. If a _promotion turn-off event occurs then this omotional 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 Promotional Offer is a corresponding ANNUAL PERCENTAGE RATE of 1.99% (0.005452% DPR). This Promotional Offer applies to Balance Transfers Direct Deposit Cash Advances and Check Cash Advances bearing this Promotional Offer ID (each an "eligible transaction" for this Promotional Offer). This Promotional Offer applies to new 711 ible transactions beginning on Jul 13, 2008. If an eligible transaction posts to our accoun b your statement Closing Date in September 2008 then this Promotional Offer will apply to e??ble transactions postingg tc your account through your statement Closing Date in A ril 2009 and this Promotional Offer will end on your statement Closing Date in April 2009. If an eligible transaction does not post to your account by your statement Closing Date in September 2008, then the Promotional Offer will end on your statement Glosing Date in Se tember 2008. Check Cash Advances bearing Offer ID H6PB 7MF and Direct Deposits which get this Promotional Offer will post to your account as Balance During the time in which you me make cl transactions under this Promotional Offer, they be subject to the following Promotional Fees: Balance Transfers: 3.00% of each such g n transaction (Fee: Min. $10.00; Max. $99.00) (FiNONIM CHARGE). This Promotional Offer max end at aan?yy time if there is a 'promotion turn-off event. A promotion turn-off event means: (1) that any Total Minimum Payment Due is not received by its Payment Due Date; or (2) that ur total outstanding balance exceeds your credit limity0on any statement Closing Date. If q _promotion turn-off event occurs then this Promotional Offer will end as of the first day of that billing cycle. This means that this Promotional Rate will not be in effect in that billing cycle. However, if a promotion turn-off event occurs during the billing cyffer that includes August 13, 2008 then this Promotional O end on the last day of that billing cycle. VARIABLE RATE INFORMATION We will use the following variable rate formula for variable Standard Rates, variable Default Rates and variable Promotional Rates. All variable rates are calculated by adding together an index and a For each variable rate, the applicable margin is disclose above in the section titled, Annual Percentage Rates. variable rates is 5.25% and was determined on June 30, 2008. ?u An increase or decrease in the index will cause a corresponding increase or decrease in your variable rates on the first day of our billing cycle that begins in the same month as the de ermination date. An increase in the index means that you will pay higher periodic rate finance charges and have a higher Total Minimum Payment Due. If The all Street Journal does not publish the U.S. Prime e, or i c anges the 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 multi lying each Balance Subject to Finance Charge by its app cable DPR and that result by the number otdays in the billing cycle. When Periodic ate 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. BILLING CYCLE Your billin cycle ends each month on a Closing Date determinedy us. Each billing cycle begins on the day after the Closing Date of the previous billing cycle. Each monthly statement reflects a single billing cycle. WHEN PERIODIC RATE FINANCE CHARGES BEGIN Each new Balance Transfer and Cash Advance begins to accrue Periodic Rate Finance Chas on its transaction date. Balance Transfer and Cae'h Advance balances remai from previous billing cycles accrue Periodic Rate Finance har a from the first day of the billing cycle. The transaction date for Check Cash Advances and Balance Transfers made by check is the date the check is first deposited or cashed. The transaction date for a Returned Payment is the date that the corresponding payment posted to your account. Unless subject to a Grace Period, each new Purchase begins to accrue kriodic Rate Finance Chars on its transaction date or the first day of the billing cycle, whichever date is later. Unless subject to a Grace Period, Purchase balances remainin from previous billing cycles accrue Periodic Rate Finance Charges from the first day of the billing cycle. When aplicable, Periodic Rate Finance Charges accrue daily and- compound daily on new balances, and balances remaining from previous billing cycles, Periodic Rate Finance Charges will continue to accrue even though you have paid the full amount of any related balances because we include any accrued but unpaid finance charges in the calculation of each Balance Subject to Finance Charge. Your Payment Due Date will be at least 20 days from your statement Closing Date. GRACE PERIOD You do not have a Grace Period for Balance Transfers or Cash Advances. You will have a Grace Period on new Purchases, in a billing cycle in which you Pay in Full from the day after the Pay in Full date until the end at that billing cycle. You will have a Grace Period for an entire billing cycle on new Purchases and on Purchase balances remaining from previous bill cycles if you Pay in Full by the PaymentDue Date in tha iliing cycle and if during previous billing cycle you Paid in Frall. CALCULATIONl'? OF BALANCES SUBJECT TO G?'Ai AIYT/'??1 /RfAff T" This index is determined an the last business da ==a-*.Q.a anu ntlw %,asn Advances): we talc y of each separate Balances Subject to Finance Charge for Ba month ("determination date') and is the highest U.S. Prime Transfers, Cash Advances, and for each Promotional Rate as published in the "Money Rates" section of The Wall balance consisting of Balance Transfers or Cash Adv Street Journal at any time within the imm- `rely by: (1) calculating a daily balance for each day h preceding -maaths, including the month in which the current billing cycle; (2) calculating a daily balance for index was determined. The index used to calculate these day prior to the current billing cycle that had a "Pre- n (continued) balance" -a Pre-Cycle balance is a Balance Transfer or a Cash Advance with a transaction date prior to the current the U.S. dollar amount of each such Cash Advance (Fee: .Min. $10.00). bill ng cycle but with a postiag date within the current i billng *; (3) adding all the dBai balances together; and (4) dividing the sum of the daily blp alances by the number of If you obtain a Check Cash Advance, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of days in the current billing cycle. the U.S. dollar amount of each such Cash Advance (Fee: To calculate the daily balance for each day in the current Min. $10.00). billing cycle, we take the be inning balance, add an amount equal- to the applicable DarTy Periodic Rate multi Qlie_d by ' If you obtain a Direct Deposit, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar the revious day s daily balance, add new Mance Tra pf rs h Ad C d T amount of each such Cash Advance (Fee: Min. $10.00). ns , e as vances an ransaction.. Fees, and subtract applicable payments and credits. If any daily balance is teas than zero we treat it as zero. If you make a Foreign Transaction we will assess a transaction fee (FINANCE CHARGES equal to 3.00% of To calculate a daily balance for each day prior to the the U.S. dollar amount of each such Foreign Transaction. This is in addition to any other applicable transaction fees. current billing cycle that had a Pre-Cycle balance we take the beginning balance attributable solely to a 13re-Cycle b l h ill b If you obtain an Overdraft Protection Cash Advance, we will a ance whic w e zero on the transaction date associate with the first Pre-Cycle balance) add an amount assess a transaction fee (FINANCE. CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance equal to the ap licabIs Daily Periodic Rai a multiplied by th i dp d l l (Fee: Min. $10.00). e prev ous a? _ s ai y ba ance, and add only the a piicable Pre-Cycle balances, and their related Transaction Fe i W l If you make a Wire Transfer Purchase, we will assess a e m e exc ude from this calculation all transactions pasted in previous billing cycles. transaction fee (FINANCE CHARGE) equal td 3.00% of the U.S. dollar amount of each such Purchase (Fee: Min. Average, Dail?r Balance Method (including new Purchases): We calculate separate Balances Subject to Fi Cha P f h $10.00). ACCOUNT FEES: The following fees are assessed as nance rge or urc ases and for each Promotional Offer balance coof Purchases by: (1) calculating a b d il l f h Purchases in the Billing Cycle in winch the fees accrue: a a y ance or eac y in the current billing ; (2) addino all the daily balances together-, and (3 dgvi ' g thhe sumo the daily balances by £he number of da s in the A Late Fee if the Total Minimum Payment Due shown on your month, statement is not received by us on or before its P nt D t O th L D F y current billing cycle. ayme ue e. n e ate a ee transaction date: . if the total outstanding balance is $100.00 or less, l T l h d i the Late Fee will be $.00; o ca ate t cu e a ly balance for each day in the current billing,,cycle, we e take the beg?innin$ balance, add an amount L- to . if the total outstanding balance is greater than $100.00 but $250.00 or less, the Late Fee will be the previous days daily balance, add, unless subject to it Grace Period. new Purchases, new Account Fees, and new Transaction Fees and subtract applicable payments and credits. If any Z@y balance is less-than zero we treat it as zero. If in the current billing cy a Pay in Full, then on the day after that Pay in Fuit date, we exclude from the beginning balance new Purchases, new Account Fees and new Transaction Fees which posted on or before the Fray in Full date. • if the total outstanding balance is greater than $250.00, the Late Fee will be $39.00. A Returned. Payment Fee of X39.00 if a payment on your account is returned for insuffident Rinds or for any other reason, even if it is paid upon subsequent presentment (if we elect to re-present the payment). A Returned Access Check Fee of $39.00 if we return an access check unpaid for any reason, even if the access check We include the costs for credit card debt cancellation or is paid upon subsequent presentment. credit insurance purchased through us in calculating the beginning Purchase balance for the first day of the billing A Copy Fee of $5.00 for each copy of a monthly statement or cycle after the billing cycle in which such costs are billed. sales draft, except that the six most recent monthly MINIMUM FINANCE CHARGE Statements and one sales draft will be provided for free. If the total of the Periodic Rate Finance C urges for all An Abandoned roms Fee equal to any costs incurred by balances is less than $1.50, then a minimumh FINANCE us for compplyingPwith a to abandoned property laws, unless CHARGE of $1.50 will be assessed on the account in lieu of prohibited 3y applicable law. any Periodic Efate Finance Charge. OVERDRAFT PROTECTION TRANSACTION F$E FINANCE CHARGES If your checking account with Bank of America is linked to We will sasses the following Transaction Fees to your this account, tlsis overdraft protection feature will allow Account in the same balance category to which the ?? tb s b erred ("t rdra{t protection tranaftnO account 'into ki transaction is posted: with Sank of Anoerica (. gaam account cheking accoun when If you obtain an ATM Cash Advsaice, we will assess a transactions occur on ur checking account, such as checks transaction fee (FINANCE C7IARCC?tR) equal to 3.00% of or other debits, thaty0if paid would cause the c the U.S. dollar amount of each such Cash Advance (Fee: account to be overdrawn ("overdraft transactions"): Min. $10.00). OvordrefL nrntnctfnn trunahwe inwh,Aa a»tn,..aioa ?..s..er If you obtain a Balance Transfer we will assess a transaction fee (FINANCE CHARGE) squat to 3.0096 of the U.S. dollar amount of each such Balance Transfer (Fee: 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 Equivalent we will assess a transaction fee (FINANCE CHARGh) equal to 3.00% of transfers are pro6meed after aclose of.business N thraugb,_ Friday and are treated as Overdraft Prot Cash Advances. Each days overdraft transactions v totaled .and rounded- to the next $100 ($25 if c your checking account in Washin ar Idaho- i checldng account is opened with ft. ary 3-- $b0 finer Zto your available credit limit, regardless of who W overdraft transactions. For example, if your eb account has a balance of $1.00 and a check or other item for $128 to presented for payment, which if paid cause your checking account to be overdrawn, an ove protection transfer of $200 will be made to your chi account and an Overdraft Protection Cash Advance of $200 will post to this account. The amount of available credit on this account must be sufficient to cover the total amount of overdraft transactions (received by Bank of America that day) rounded to the next $100 increment (but excluding any overdraft protection fee)- otherwise one or more of the overdraft transactions for that day will be rejected. However, if the available credit on this account is greater than the overdraft transaction amount, but the available credit is insufficient for the overdraft transaction amount to be rounded to the next $100 increment, then the amount of the overdraft transaction will be rounded to the highest whole dollar amount of your available credit. (And in such an event, the accrued finance charges may result in an Overlimit Fee.) We may permit or refuse to permit 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 Overlimit Fee during the billing cycle in which the transfer occurs. This overdraft protection feature will automatically be cancelled if this account is closed by either you or 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 a nsent to and authorize Bank of America, any of its affiliates, or its marketing associates to monitor and/or record any of your telephone conversations with our representatives or the representatives of any of those companies. Where you have provided a cell phone number directly to us, or placed a cell phone call to us you consent and agree to ace t collection calls to your cell hone 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. CREDIT GRM?ATION NCIES; 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 as cA( i r orting agene_tes and information about your transactions W11 h us and other companies. You authorize us to share such information about you or your account with our affiliates and others. You may have the right to opt out of some information sharing. For more details, please refer to our Privacy Policy. If you believe we have furnished inaccurate or incomplete information about you or your account to a credit reporting agency, write to us at; F'IA Card Services N.A., Cre ran ncies, P.O. Box 17054, WAmington, DE 19 %fflease include your name, address, home phone number, and account number, and explain what you believe is inaccurate or incomplete. PURPOSES FOR USING YOUR ACCOUNT You may use your account for personal, family, or household purposes: You may not use your account for business or commercial urposes. You may not use a Balance Transfer, or Check Cash Advance, or any other Cash Advance, to make a payment on this or any other credit account with us or our affiliate& You m2y not use or permit your account to be used to make any illegeS trensactwm. You will only use your account for transactions that are legal where you conduct them For example, Internet gambling transactions may be illegal in your state. Display of a payment card logo by an online merchant does not mean that an Internet transaction is legal where you conduct it. We may charge your account for such transactions. We will not be liable if you engage in an illegal transaction. We may any authorization of any transactions identified as In tambli-T-41• PERSONS USING YOUR ACCOUNT If you permit any person to use your card, access checks, account number, or other credit device with the authorization to obtain credit on your account, you may be ?I 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 party, and that person will be responsible for deliv? those materials to the other liable parties and authorized users. Notice to any of you will be considered notice to all of you. You may allow authorized users on your account in the Following ways: (1) by notifying??tas that you want someone added to your account as an authorized user- (2) by lending your card or account number to another; or (s3) by any other ways in whi you would be legally considered to have allowed another to use your account or to be le prevented from denying that you did so. You must t?k carefully before you allow anyone to become. an authorized user. By doing so, you authorize the person to use your account to the' same extent you can including but not limited to makin any purchases, cash advances, balance transfers and allowing others to use your account. Your account does not permit you to limit the nature or amount of authority you give to any authorized uger and you will not attempt To do so. An authorized users authority will continue until you both notify us that you are terminating the authority and you physically retrieve the card. If you cannot retrieve the card, you will remain liable for any transactions that we cannot prevent after you notify us. YOUR PROMISE TO PAY You promise to pay us the amounts of all credit you obtain, which includes all Purchases, Cash Advances, and Balance Transfers. You also promise to pay us all the amounts of finance charges, fees,. and an other transactions we charge to your account. If a bank branch or office sponsors your account, you pro i to pay it any unpaid account balance it pays us within 30 days. PAYMENTS ON YOUR ACCOUNT You must pay each mouth at least the Total Minimum Payment Due shown on monthly statement by its Payment Due Date. Your Payment Due Date may vary from month to month. Payments must conform to the requirements set out on that monthly statement; these requirements mayy vary without prior notice. You may pay the entire amount you owe us at any time. Payments made in any billing cycle that are greater than the Total Minimum Payment Due will not affect?aur obligation to make the next Total Minimum Payment Due If you overpay or if therm is a credit balance on your account, we will not pay interest on such amounts We will r'ect payments that are not drawn in U.B. 01 are and hose drawn on a financial institution located outside of the United States. We reserve the right to ect any payment if your account has a credit balance as of the. day we receive that payment. Generally, credits to your account, such as those generated by merchants or by person-to-person money transfers are not treated as payments and will not reduce your Ntal Minimum Payment Due. ACH PAYMENTS We process most payment checks electronically. We use the information on your check to create an electronic funds transfer. Each time you send a check, you authorize a one-time electronic funds transfer. You a authorize us to check check Funds your be withdrawn fromor paper draft, as necesseay. won same da we receive your account 11 not as t d?oouurr y your payment. You will not receive we willcenkere? check eonic we For more iinfordmaatian or toe the conversion of your ch. ecks into electronic funds rs, us at the phone number listed on the front of your mon statement. You may also write to us at: P.O. box 15019, ilmington, DE 19850-5019. TOTAL MINIMUM PAYMENT DUE You may pay your total outstanding balance at any time. IV continued) Each billing cycle, you must pay at least the Total Minimum Payment ue shown on our monthly statement by its Payment Due Date. The 'total Minimum Payment Due is the sum of all past due amounts plus the Current Payment. The Current Payment for each billing cycle includes three amounts: (1) 1.00% of your balance (your New Balance Total except for any new Periodic Rate Finance Charges, and Late Fee), and (2) new Periodic Rate Finance Charges, and (3) new Fate Fee. Generally, the lowest it will be is $15.00. We round the payment amount down to the nearest dollar. If a payment is credited to your account but is returned unpaid in a later billin cycle we will recalculate the Total Minimum Paymnn Due tor the billing cycle is which the payment was originally credited. WHEN YOUR PAYMENT WILL BE CREDITED TO YOUR ACCOUNT We credit payments as of the date received, if the payment is: (1) received by 5 p.m. Eastern time, (2) received at the address shown in the upper left-hand corner of the front of your monthly statement; (3) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar moneorder; and (4) sent in the return envelope with oni the portion of your statement accompanying it. Pa ts received after 6 m Eastern time on any day in?4wg the Payment Due -Date, but that otherwise meet e 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 instances, 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) being paid before any other existing-balances. PROMISE TO PAY APPLIES TO ALL PERSONS All persons who initially or subsequently request, accept, guarantee or use the account are individually and together responsible for any total 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 all of the cards, access checks and other credit devices outstanding under the account 'have been returned to us and you repay us the total outstanding balance owed to us at any lime under the terms of this Agreement. DEFAULT You will be in default of this Agreement if: (1) you fail to make any required Total Minimum Payment Due by its Payment Due Date; (2) your total outstanding balance exceeds 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 IMMEDIATE REPAYMENT If you are in default, then in addition to our other remedies under this Agreement we can require immediate ppayymment of your total outstanding balance and, unless rohibited by apppplicable law and except as otherwise provided under the tlrbitradon and Litigation section of this Agreement, we can also youwto pay the costa we incur in any collection proce?as ell as reasonable attorneys' fees if we refer your ,account for collection to an attorney who is not our salaried employee. OTHER PAYMENT TERMS We can accept late payments, partial payments, or payments with any restrictive writing without losing any of our rights under this Agreement. This means that no payment, including those marked with " aid in Rill" or with any other restrictive words, shall operate as an accord and satisfaction without the prior written approval of one of our senior officers. You may not use a postdated check to make a payment. If you do postdate a payment check, we may elect to honor it upon presentment or return it uncredited to the person that ppresented it, without in either case waiting for the date shown on the check. We are not liable to youor any loss or expense incurred by you arising out of the action we elect to take. PAYMENT HOLIDAYS AND REDUCED PAYMENT OFFERS We may allow you, from time to time, to omit a monthly payment or make a reduced payment. We will notify you. when these options are available. If you omit a ppayment or make a reduced payment, finance charges applicable fees, and other regular transactions, if any, will accrue on your account balances in accordance with this Agreement. The reduced payment amount may be less than your finance ges. You must make the reduced payment on time to char avoid a late fee. You must resume malting your regular Total Minimum Payment Due each month fonowing a payment holiday or reduced payment offer. YOUR CR WE EDITY F YOU ATTEMPT TO EXCEED LIMIT The total outstanding balance on your account plus authorizations at any time must not be more than your credit limit. If you attempt a transaction which results in your total outstanding.balance (plus authorizations) exceeding your credit limit, we ma . (1) permit the transaction without raising your credit limit; (2) permit the transaction and treat the amount of the transaction that is more than the credit limit as immediately due; or (3) refuse to permit the transaction. If we refuse to permit the transaction, we may advise the person who attempted the. transaction that it has been refused. If we refuse to permit a Check Cash Advance or Balance Transfer we may do so by advising the person resenting the Check Cash Advance or Balance Transfer That cred=it has been refused that there are insufficient funds to pa the Check Cash Advance 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 truer is promotion turn-off event, we may also charge an Over ' t ee as provided in this Agreement. WE MAY AMEND THIS AGREEMENT We may amend this Agreement at any time. We may amend it by addiY deleting, or changing provisions of this Agreement. we 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 requirements Of teaeraP and Delaware law tnat are at that time. The amended Agreement (including ax rate or other higher charges or fees) will annly to the amendment oecame enectrre. it an amendment gives yyou the opportunity to reject the change, and if you reject the change in the manner provided in arch amendment, we may to rretur ?crediitt des to ss a cond t on ooff your r erection We may replace your card with another card at any tune. WE MAY SUSPEND OR CLOSE YOUR ACCOUNT We ma suspend or close your account or otherwise terminate your right to use your account. We may do this at any time and for any reason Your obligations under this Agreement continue even after we have done this. You must destroy all cards, access checks or other credit devices on the account when we request. YOU MAY CLOSE YOUR ACCOUNT You may close your account by notifying us in writing or by telephone, and destroying all cards, access checks or other credit devices on the account. Your obligations under this Agreement continue even after you have done this. TRANSACTIONS AF'T'ER YOUR ACCOUNT IS CLOSED When your account is closed, you must contact anyone authorized to charge transactions to your account, such as Internet service providers, health clubs or insurance companies. These transactions may continue to be charged to your account until you change the billing. Also, if we believe you have authorized a transaction or are 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 instiflution, or any provider of goods or services. HOW YOU MAY STOP PAYMENT ON AN ACCESS CHECK You may request a stop payment on an access check b providing us with the access check number, dollar amour and payee exactly asthey appear on the access check. Oral effect ve for six mpayment ths om the day that we placethe 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 l it to us for payment, without in either case waitingg for the date shown on the access check. We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take. TRANSACTIONS MADE IN FOREIGN CURRENCIES If you make a transaction in a foreign currency, the transaction will be converted by Visa International or MasterCard International, depending on which card you use, into a U.S. dollar amount in accordance with the operating regulations or conversion procedures in effect at the time the transaction is processed. Currently, those regulations and procedures provide that the currency conversion rate to be used is either (1) a wholesale market rate or (2) a government-mandated rate in effect one day prior to the processing date. The currency conversion rate in effect on the processing date may diffe from the rate in effect on the transaction date or posting date. We may offer you certain benefits and services with your account. Any 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 ?pprevious sentence are not a part of this Agreement, any cTsim or dispute related to any such benefit or service slialI be subject to the Arbitration and Litigation section of this Agreement. We may adjust, add, or delete benefits and services at any time and without notice to you. WE MAY SELL YOUR. ACCOUNT We may at any time, and without notice to you, sell, assign or transfer your account, any sums due on your account, this A ement, or our ri is or obligations under your accounf or this Agreemen?to any person or entity. The person or entity to whom we make any such sale, a t or transfer shall be entitled to ati 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 reggaarrd to its conflict of laws principles) and by any applicable federal laws. THE PROVISIONS OF THIS AGREEMENT ARE SEVERABLE if any provision of this Aareement is found to be invalid, the remaining provisions wil continue to be effective. OUR RIGHTS CONTINUE Our failure or delay in exercising any of our rights under this Agreement does not mean that we are unable to exercise those rights later. UNAUTHORIZED USE OF YOUR CARD Please notify us immediately of the loss, theft or possible unauthorized use of your account at 1S .789.6t01. ARBITRATION AND LITIGATION This Arbitration and Litigation provision appplies to you unless you were given the opportunity to reject the Arbitration and Litigation pprovisions and you did so reject them in the manner and timeframe required. If you did reject effectively such a provision, you agreed that any litigation brought by you against us regardmg this account or this Agreement shall be brought in a court located in the State of Delaware. Any claim or dispute ("Claim") by either you or us against the other, or against the employees, agents or assns of the other, arising from or, relating in any way to this Agreement or any prior Agreement or your account (whether under a statute, in con act, tort, or otherwise and whether for money damages, penalties or declaratory or equitable relief), shall, upon election by either you or us, be resolved by bind in arbitration. The arbitrator shall resolve an Claims, includng the applicability of this Arbitration and Lyitigation Section or the validity of the entire ement or any prior Agreement eg???@@ppt for any Claim engin1nngg the validity of +1,n 019aa L.+inn U17nivar_ which shall be decided by a court. in addition, we will not choose to arbitrate an individual Claim that you bring against us in small claims court or an equivalent court, if any. But if that Claim is transferred, removed or appealed to a different court, we then have the right to choose arbitration. Arbitration shall take place before a single arbitrator and on an individual basis without resort to any form of class action. Arbitration ma be selected at any time unless a judgment has been rendered or the other party would suffer substantial prejudice by the delay in demanding arbitration. effect at the time the Claim is filed. Rules and forms of the National Arbitration Forum may be obtained and Claims may be filed at any National Arbitration Forum office, www.arb-foram com, or P.O. Box 50191, Minneappooft? Minnesota 55405, telephone 1-800-474-2371. If the NAIL is unable or unwilling to act as arbitrator, we may substitute another nationally recognized, independent arbitration organization that uses a similar code of procedure. At your written request, we will advance any arbitration filing fee, administrative and hearing fees which you are required to pay to pursue a Claim in arbitration. 7he arbitrator will decide who will be ultimately responsible for aymg those fees. If you file a claim against us, in no even will you be required to reimburse us for any arbitration filing, administrative or hearing fees in an amount greater than what your court costs would have been if the Claim had been resolved in a state court with jurisdiction. Any arbitration hearing at which you appear will take place within the federal judicial district that includes your bluing address at the time the Claim is filed. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be gooverned by the Federal Arbitration Act, 9 I .S.C. $$ 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 claims or privileggee recd Mlzed by law. If any party requests, the arbitrator shaIl 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 private 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 parties' agreement to arbitrate (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The Parties acknowledge and agree that under no circumstances will a class action be arbitrated. This Arbitration and Litigation Section applies to all Claims now in existence or that may arise in the future. This Arbitration and Litigation Section shall survive the termination of your account with us as well as any voluntary payment of the debt in full by you, any bankruptcy by you or sale of the debt by us- the -purposes of this Arbitration and Litigation Section, and "us" means FIA. Card Services, N.A., its parent, adiaries- affiliates, licensees, predecessors successors, pis, ana any purchaser of your account, ; niA all of their an directors employees, agents and assigna or any and .f tfnem. Additionally, "we" or "us" shall mean any third y rounding benefits services, or products in connection the account (including but not limited to credit .,sus, merchants that accept an credit device issued :r the account, rewards or enrollment services, credit rance companies, debt collectors and all of their officers etors, employees and agents) if, and only if, such a third y is named-by you as a co-def=endant in any Claim you rt against us. automatically from your savings or checking account with us, you can stopp the payment on any amount you think is wrong. To stop the payment your letter must reach us three business days before the automatic payment is scheduled to occur. Your Ri hts and Our Respponsibilities 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 question or report you as delinqquent. We can ill you for the amount you question, including continue to bill finance charges, and we can ap ly any unpaid amount against your credit limit, You da not have to pay any qqu?e??stioned amount while we are investigat' , but you are still obligated to pay the parts of your bill It 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. T we did not make a mistake, you may have to pa 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 ort you as delinquent. However, if our explanation does no satisfy you and you write to us within twenty-five (25) daps 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 report you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we do not follow these rules, we cannot collect the first $50 of the questioned amount, even if your bill was correct. Special Rule for Credit Card Purchases: If you have a problem with the 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 ay the remaining amount due on t% roperty or services. re are two limitations on this ri (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 RIGHTS 02007 Bank of America Corporation. All rights reserved. Keep This Notice for Future Use-This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us in Case of Errors or Questions About Your Bill: 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 biIl) at Bank of America rporation, 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 following information: (1) your name and account number; (2) the dollar amount of the suspected error. (3) the posting ate of the transaction in question; and 1'4 a description of the error and an lanation, 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 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 M LOUISE HANLEY AND CINEMAGIC owe the balance of $3,314.04 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: SEP 12 2011 RETER HI MER Authorized Representative CACH, LLC, : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No: 11-8162-Civil Term CINEMAGIC, Civil Action - Law Defendant NOTICE TO PLEAD To: CACH, LLC c/o Harrison Ross Buck, Esq., P.C. 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 q' ? t You are hereby notified to plead to the enclosed Preliminary Objections within twenty (20) days from the date of service hereof or a default judgment may be entered against you. Date: 11-1-7-1 Respectfully ubmitted, Michael J. os , Esquire I.D. # 58851 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant Michael J. Pykosh, Esquire ID # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mp kY rash, dnlelaw com Attorney for Defendant CACH, LLC, : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. Plaintiff No: 11-8162-Civil Term CINEMAGIC, Civil Action - Law Defendant DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Cinemagic, by and through her attorneys Dethlefs- Pykosh Law Group, LLC, by Michael J. Pykosh, Esquire, who files his Preliminary Objections to the Plaintiff's Complaint, and avers as follows: 1. Plaintiff filed suit against Defendant alleging that Defendant owes money to Plaintiff arising out of an account issued by MBNA America, N.A. Comp. ¶ 1 and 4. 2. The Complaint was filed on October 27, 2011. First Preliminary Objection- Pa. R.C.P. No. 1028(x)(4)- Demurrer 3. The Plaintiff has failed to allege facts sufficient to maintain a cause of action for Breach of Contract. Second Preliminary Objection- Pa. R.C.P. No. 1028(a)(3)- Insufficient Specificity 9. The Complaint contains only a general assertion of the amount the Plaintiff claims is owed by the Defendant. It provided no detail as to the date(s) on which the debts were incurred, the amounts incurred on each date, the dates or amounts of payments, nor dates of accrual and amounts of interest charges and other fees. 10. Pa. R.C.P. No. 1019 and Pa. R.C.P. 1028(a)(3) require that the above detail be included in a Complaint of this type. 11. By not including the requisite detail of the account, the Complaint fails to conform to an express rule of Court. Third Preliminary Objection- Pa. R.C.P. 1028(x)(5)- Plaintiff is stranger to Defendant 12. Pa. R.C.P. 2002(a) required that an action be brought by the real party in interest. 13. By failing to attach a copy of the necessary writing by which the Plaintiff would become the assignee of the account and thus the real party in interest or an agency agreement, the Plaintiff has failed to conform with the requirements of the aforesaid rule. 14. Plaintiff has not shown standing or capacity to sue Defendant. 15. Since this matter was not brought by the real party in interest it must be dismissed. Fourth Preliminary Objection- Pa.R:C.P. No. 1028(x)(2)- Failure to conform to rule of court (failure to attach written assignments of debt) 16. The Plaintiff is not the original creditor, but rather an alledged assignee of the original creditor. Comp. ¶ 1 and 3. Since the Plaintiff's right to maintain an action as an assignee is predicted upon written assignment or agency agreement, that writing must be attached to the Complaint, pursuant to Pa. R.C.P. 1019(i). 17. By failing to attach a copy of the assignment of the debt to the Plaintiff, the Complaint does not comply with an express rule of court, in violation of Pa. R.C.P. 1028(a)(2). See Remit Corporation v Miller 5 Pa. D&C 5th 43 and Capital One Bank v. Clevenstine, 7 Pa. D&C 5th 153, Fifth Preliminary Objection- Pa. R.C.P. 1028(a)(2) Failure to Conform to Law or Rule of Court 18. Pursuant to Pa. R.C.P. 1028(a)(2), a party may file a Preliminary Objection based upon the failure of a pleading to conform to law or rule of court or inclusion of scandalous or impertinent matter. 19. Plaintiff's Complaint is based upon a contract. 20. Plaintiff asserts a cause of action based upon an account stated theory of recovery. 21. An account stated theory of recovery is not applicable in credit card cases. Capital One Bank (USA) NA v Cleverstine 7 Pa. D&C 5th (Ct. Corn. Pl. Centre Ctv 2009). JMMM PC Company v Patricia StillwaQon 2011 Pa. D&C Dec. Lexis 24 (Luzerne Ctv), WHEREFORE, the Defendant respectfully requests that her Preliminary Objections be sustained, and that Plaintiffs Complaint be dismissed with prejudice. Respectfull S b d, Date: 1 \- ? `1 - t Michael J. Pykosh, Esquire I.D. # 58851 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant CACH, LLC, : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No: 11-8162-Civil Term CINEMAGIC, Civil Action - Law Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendant, Cinemagic's, Preliminary Objections to Plaintiffs Complaint, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: CACH, LLC c/o Harrison Ross Buck, Esq., P.C. 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 Date: IN-k:7 - 1( Respectfully Submitted, Michael J. PyRNk Esquire I.D. # 58851 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant OA/AL PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within mattei*t hext Argument Court.) ` .-'. --------- - -- - -- - ------ --- --- ----- - ---- -- - ----------- - ------- ---- - --------------------- - -- - ----- CAPTION OF CASE ., u " (entire caption must be stated in full) = W . - CACH, LLC vs. CINEMAGIC No. 8162 2011 Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections 2. Identify all counsel who will argue cases: (a) for plaintiffs: Allan C. Smith, 1276 Veterans Highway, Suite E-1, Bristol, Pennsylvania 19007 (Name and Address) (b) for defendants: Michael J. Pykosh, 2132 Market Street, Camp Hill, PA 17011 (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. eS 4. Argument Court Date: June 1, 2012 Allan C. Smith, Esquire Signature. to, /rintour m Plaintiff, CACH, LLC Date: March 22, 2012 Attorney for 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. *1q.15 PD PZIFF C# lv131 Law Firm of Allan C. Smith, P.C. Attorney I.D. 204756 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399 H (215) 428-0666 Attorney for Plaintiff CACH, LLC COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY vs. CINEMAGIC No. 2007-CV-7001 Defendant CERTIFICATE OF SERVICE I, Allan C. Smith, Esquire, of full age, certify that I mailed a copy of the Plaintiff's Praecipe for Listing Case for Argument regarding the above-captioned matter upon defendant(s) CINEMAGIC by United States mail, postage prepaid, on March 22, 2012 at his/her attorney's address of: MICHAEL J. PYKOSH, ESQUIRE DETHLEFS-PYKOSH LAW GROUP, LLC 2132 MARKET STREET CAMP HILL, PA 17011 Date: March 22, 2012 By- Allan C. mi ,Esq. Attorney I.D. No. 204756 CACH, LLC, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CINEMAGIC, DEFENDANT 11-8162 CIVIL TERM ORDER OF COURT AND NOW, this day of June, 2012, upon consideration of the parties' briefs and our review of the record, Plaintiff has failed to attach an adequate statement of the alleged credit card account and therefore the Preliminary Objections are SUSTAINED and the Complaint is DISMISSED without prejudice to Plaintiffs right to file an amended complaint within twenty (20) days of the entry of this order. See Atlantic Credit and Finance, Inc. v. Giuliana, 829 A.2d 340 (Pa. Super. 2003). By the Court, Albert H. Maslan , J. Allan C. Smith, Esquire For Plaintiff ' Michael J. Pykosh, Esquire l Y . 4 t?? For Defendant "- :saa es)p rs Meg. /fd 64//? c" ?, FILED-VFICE. Michael J. Pykosh, Esquire !,:'F rHIIE PROTHONOTARY ID # 58851 2132 Market Street (2 JUL _ C? , J J L Camp Hill, Pennsylvania 17011 Telephone 975-9446 Fax (717) 975-2309 WIMBERLANO COUNTY MPvk oshCa?dplglaw com PENNSYLVANIA PEN Attornev for CACH, LLC, : COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVAN V. CINEMAGIC, Defendant No: 11-8162-Civil Term Civil Action - Law MOTION FOR JUDGMENT PURSUANT TO Pa. R.C.P. 1037(c) AND NOW, comes the Defendant, Cinemagic, by and through its counsel Dethlefs-Pykosh Law Group, LLC, by Michael J. Pykosh, Esquire, who avers following in support of for Judgment pursuant to Pa. R.C.P. 1037(c): 1. On or about October 27, 2011, Plaintiff filed a Complaint at Docket Number 11- 8162 alleging that Defendant owed Plaintiff five thousand two hundred thirty-foOr and 25/100 ($5,234.25) dollars. 2. On or about November 18, 2011, Defendant filed Preliminary Objections to Plaintiff's Complaint. Plaintiff, in response thereto, filed a Response on or about December 2, 2011. 3. On or about June 6, 2012, this Honorable Court decided said Preliminary Objections on Briefs and ordered Plaintiff to file an Amended Complaint within twenty (20) days (see Order of Court dated June 6, 2012 attached and mado apart hereof). 4. More than twenty (20) days from said Order of Court have lapsed and Plaintiff, has failed to file the Amended Complaint. -2- WHEREFORE, Defendant, Cinemagic, respectfully requests that this Honorable Court dismiss the Plaintiff's Complaint with Prejudice. Date:???_ Respectfully Submitted, Michael J. Pykosh, Esquire I. D. # 58851 Dethlefs-Pykosh Law Group, LLjC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 Attorney for Defendant -3- Michael J. Pykosh, Esquire ID # 58851 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone -- (717) 975-9446 Fax - (717) 975-2309 CACH, LLC, V. CINEMAGIC, Plaintiff Defendant Attorney for Defenc : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVAN No: 11-8162-Civil Term Civil Action - Law CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendant's Motion for Judgment pursuant to Pa. R.C.P. 1037(c), was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed follows: CASH, LLC c/o Allan C. Smith, Esquire Law Firm of Allan C. Smith, P.C. The Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, Pennsylvania 19007 Respectfully Submitted Date: 7 i Michael J. Pykosh, Esquire I. D. # 58851 Dethlefs-Pykosh Law Group, LI 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 Attorney for Defendant nt 4 CACH, LLC, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No: 11-8162-Civil Term CINEMAGIC, Civil Action - Law Defendant ORDER 4 2012, it is hereby ORDERED AND NOW, this day of _ (1k / and DECREED that the Prothonotary enter Judgment in favor of Defendant and against Plaintiff and that Plaintiff's Complaint hereby be DISMISSED with Prejudice. Pursuant to the requirements of Pa-R.C.P. 236(a) (2), (b), (d), the Prothonotary shall immediately give written notices of entry of the Order, including a copy of this Order, to each party's attorney of record, or if unrepresented, to each party; and shall note in the docket the giving of such notices and time and manner thereof. BY OURT: Distribution Legend: ? Michael J. Pykosh, Esquire 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 N M /M c_ ?'t ?- wCr W Allan C. Smith, Esquire .-I -- 1276 Veterans Highway, Suite E?1 Bristol, PA 19007 (888) 275-6399 mv? ^- r- i ?i ?3r 00P,-CS twa.I-ed `7/13/la- WL