Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
11-8163
IN THE COURT OF COMMON PLEAS OF CUMBERt' ,A COUNTY, T 'L`3 ; 1111 ' PENNSYLVANIA CACH. LLC vs. JEREMY B LATHROP NO: NOTICE TO DEFEND e•. • R eyr t i 5# s ,q, l...t .i 1 Lri?t'i 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 (,S' J CARLISLE, PA 17013. (717) 240-6200 Q.2 ? K,? 3yzov Harrison Ross Byck, Esq., P.C. 1276 Veterans Highway Suite E-1 Bristol, PA 19007 1-888-275-6399/(215) 428-0666 Attorney for Plaintiff #61511 CACH,LLC 4340 SOUTH MONACO STREET 2ND FLOOR DENVER, CO 80237 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, VS. No.: JEREMY B LATHROP 126 HERMAN AVE LEMOYNE, PA 17043 COMPLAINT To: JEREMY B LATHROP 126 HERMAN AVE LEMOYNE, PA 17043 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) dial de plaza al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia excrita o en persons o con abogado y entregar o sus objecciones a las demandas en contra de su persona. Se avisado que si usted no se defiende. La corta tomara medidas y puede continuar la demada en contra suya sin previo Avisa o notificion. Ademas la corte puede decidie a favor del demandante y requiere que usted compla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedas o otros derechos imporrantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICE DE REFERENCIA LEGAL PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 Plaintiff, CACH, LLC, by its attorney Harrison Ross Byck, by way of complaint against Defendant JEREMY B LATHROP, 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, JEREMY B LATHROP, is an individual residing at 126 HERMAN AVE, LEMOYNE, PA 17043. 3. The claims raised in the complaint are subject to an agreement to submit these claims to arbitration. <Exhibit C> 4. Defendant, JEREMY B LATHROP, is indebted to BANK OF AMERICA, N.A. on an account stated by and between them in the amount of $9,140.94 which balance was due and unpaid as of July 31, 2010, for credit card account number 4264287216907770. <Exhibit A> 5. Upon charge-off, the above account number was changed to 4264287998696245. 6. On or about August 16, 2010, FIA CARD SERVICES, N.A. sold the debt for good and valuable consideration to plaintiff, CACH, LLC <Exhibit B> 7. The Defendant, Jeremy B Lathrop, last tendered a payment on December 19, 2009. 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 $3.5036 per day from the default date ( 13.990% annual percentage rate x $9,140.94 / 365 days) or $3.5036 x 420 days = $1,471.52; which is accrued interest through the date of filing. <Exhibit A> Plus an award of late fees 0.00, court costs $192.00 and reasonable attorneys fees of $1,828.19 as stated in the Cardholder Agreement attached hereto as <Exhibit C>. 11. The defendant, being indebted to the plaintiff in the sum of $12,632.65 upon the account stated by and between them did promise to pay said sums upon demand. Demand has been made for payment of $12,632.65 and the defendant has failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendant for $12,632.65 together with other interest and costs of suit. Date: October 10, 2011 EXHIBIT A ' BankofAmerica JEREMY 8 LATHROP Account Number: 4264 2872 1690 7770 June 10 - July 10, 2010 Account Information: www.bankofamerica.com Mail billing inquiries to: BANK OF AMERICA P.O. BOX 15026 WILMINGTON, DE 19850-5026 Mail payments to: BANK OF AMERICA P.O. BOX 15019 WILMINGTON, DE 19886-5019 Customer Service: 1.800.789.6701 (1.800.346.3178 TTY) New Balance Total .....................................................................$9,140.94 Current Payment Due .....................................................................$236.00 Past Due Amount .......................................................................$1,383.00 Total Minimum Payment Due .......................................................$1,619.00 Payment Due Date ..........................................................................8/7/10 Previous Balance ........................ $8,994.39 Payments and Other Credits ....................0.00 Purchases and Adjustments ....................0.00 Fees Charged .................................................39.00 Interest Charged ..........................................107.55 New Balance Total ........................$9,140.94 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $39.00. Credit Line ....................................$7,900.00 Minimum Payment Warning: If you make only the minimum payment each Statement Closing Date ...................7/10/10 period, you will pay more in interest and it will take you longer to pay off your Days in Billing Cycle ..................................31 balance. For example: Transactions Transaction Posting Reference Account Date Date Description Number Number Amount Total Fees 07/07 07/07 LATE FEE FOR PAYMENT DUE 07/07 TOTAL FEES FOR THIS PERIOD 8994 39.00 $39.00 Imerest charged 07/10 07/10 Interest Charged on Balance Transfers 07/10 07/10 Interest Charged on Cash Advances continued on next page... 0.00 0.00 08 0091409400161900000120000004264287216907770 BANK OF AMERICA Account Number: 4264 2872 1690 7770 P.O. BOX 15019 WILMINGTON, DE 19886-5019 New Balance Total ..........................................................$9,140.94 Minimum Payment Due ......................................................1,619.00 Payment Due Date ...................................................08/07/10 JEREMY B LATHROP Enter payment amount $ 126 HERMAN AVE LEMOYNE PA 17043-1935 Check here for a change of mailing address or phone numbers. Please provide all corrections on the reverse side. Mail this coupon along with your check payable to: BANK OF AMERICA 1:5 240 2 2 2S01: 08877 2 L69077?011' If you would like information about credit counseling services, call 1-866-300.5238. IMPORTANT INFORMATION ABOUT THIS ACCOUNT -- - USE411 Rev 07110 CUSTOMER STATEMENT OF DISPUTED ITEM -Please call toU tree 1.866.266.0212Monday-Thursday 8 a.m.-9 p.m., Friday 8 a.m.-7 p.m. and Saturday 8 mm.-6 p.m. Eastern. For prompt service, please have the merchant reference number(s) available /or the, charge(s) in question. PLEASE DO NOT ALTER WORDING ON THIS FORM AND DO NOT MAIL YOUR LETTER OR FORM WITH YOUR PAYMENT. Choose only one dispute reason. Your Name: Account Number: Transaction Date: Date: Reference Number: ount Disputed Amount $: - Merchant Name: O 1. The amount of the charge was increased from my sales slip was added incorrectly. Enclosed is a copy of the sales slip that shows the correct amount. 0 2. I certify that the charge listed above was not made by me or a person authorized by me to use my card, nor were the goods or services represented by the transaction received by me or a person authorized by me. 3.1 have not received the merchandise that was to be shipped to me on.,__ (MM/DD/YY). I have asked the merchant to credit my account. 0 4.1 was issued a credit slip that was not shown on my statement. A copy of my credit slip is enclosed. The merchant has up to 30 days to credit your account. 5, Merchandise that was shipped to me has arrived damaged and/or defective. I returned it on /__ (MM/DD)'YY) and asked the merchant to credit my account. Attach a letter describing how the merchandise was damaged and/or defective and a copy of the proof of return. O 6. Although I did engage in the above transaction, I have contacted the merchant, returned the merchandise on - /___ / -- (MM/DD/YY) and requested a credit. I either did not receive this creditor it was unsatisfactory. Attach a letter explaining whYyouaredisputing this charge with a copy of the proof of return. Ifyou are unable to return the merchandise, please explain. 0 7. I certify that the charge in question was a single transaction, but was posted twice to my statement.. I did not authorize the second transaction. Sale#1$ Reference# Sale #2 $Reference#-_ . D S. I notified the merchant on __, /. --- /...-__ (MM/DD/YY) to cancel the pre-authorized order (reservation). Please note cancellation # and if available, enclose a copy ofyour contract and a copy ofyour telephone bill showing date and time of cancellation. Reason for cancellation/ cancellation#: 9. Although I did engage in the above transaction, I have contacted the merchant for credit. The. services to be provided on /___ /____(MM% DD/YY) were not received or were unsatisfactory. Attach a letter describing the services expected, your attempts to resolve with the merchant and a copy of your contract. L? 10. I certify that I do not recognize the transaction. Merchants often provide telephone numbers next to their name on your billing statement. Please attempt to contact the merchant for information. 0 11. If your dispute is for a different reason, please contact us at the above telephone number. Signtiture_Lrequire??__-___ Hpmr#;_ _ Billing rights are only preserved by written inquiry. to preserve your billing rights, please return a copy of this form and any supporting information regarding the merchant charge in question to: Attn: Billing Inquiries, P.O. Box 15028, Wilmington, DE 19830.5026, USA. PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMENT. GRACE PERIODMAYING INTEREST "Grace Period" means the period of time during a billing cycle whenyou will not accrue interest on certain transactions or balances. There is no Grace Period for Balance Transfers or Cash Advances. Ifyou pay in full this statement's New Balance Total by its Payment Due Date and if you paid in full this statement's Previous Balance in this statement's billing cycle, then you will have a Grace Period during the billing cycle that began the day after this statement's Closing Date on the Purchase portions of this statement's New Balance Total. If you do not pay in full this statement's New Balance Total by its Payment Due Date but you paid in full this statement's Previous Balance by its Payment Due Date, then you will have a Grace Period during the billing cycle that began the day after this statement's Closing Date on the amount of the purchase balance you pay by the Payment Due Date following our payment allocation method. CALCULATION OF BALANCES SUBJECT TO INTEREST RATE Average Balance Method (including new Balance Transfers and new Cash Advances): We calculate separate Balances Subject to an Interest Rate for Balance Transfers, Cash Advances, and for each Promotional Offer balance consisting of Balance Transfers or Cash Advances. We do this by: (1) calculating a daily balance for each day in this statement's billing cycle; (2) calculating a daily balance for each day prior to this statement's billing cycle that had a "Pre-Cycle balance"-a Pre-Cycle balance is a Balance Transfer or Cash Advance with a transaction date prior to this statement's billing cycle but with a posting date within this statement's billing cycle; (3) adding all the daily balances together; and (4) dividing the sum of the daily balances by the number of days in this statement's billing cycle. To calculate the daily balance for each day in this statement's billing cycle, we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied bythe previous day's daily balance, add new Balance Transfers, new Cash Advances and Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. To calculate a daily balance for each day prior to this statement's billing cycle that had a Pre-Cycle balance, we take the beginning balance attributable solely to Pre-Cycle balances (which will be zero on the transaction date of the first Pre-Cycle balance), add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, and add only the applicable Pre-Cycle balances, and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles. Average Daily Balance Method (including new Purchases): We calculate separate Balances Subject to an Interest Rate for Purchases and for each Promotional Offer balance consisting of Purchases. We do this by: (1) calculating a daily balance for each day in the billing cycle; (2) adding all the daily balances together; PAYMENTS We credit mailed payments as of the date received, if the payment is: (1) received by 5 p.m. local time at the address shown on the remittance slip on the front ofyour monthly statement; (2) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (3) sent in the return envelope with only the remittance portion ofyour statement accompanying it. Payments received bymail after 5 p.m. local time at the remittance address on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. Payments made online or by phone will be credited as of the date of receipt if made by 5 p.m. Central time. Credit for any other payments maybe delayed up to five days. No payment shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers. We process most payment checks electronically by using the information found on your check. Each check authorizes us to create a one-time electronic funds transfer (or process it as a check or paper draft). Funds may be withdrawn from your account as soon as the same day we receive your payment. Checks are not returned to you. For more information or to stop the electronic funds transfers, call us at the number fisted on the front. Ifyou have authorized us to payyour credit card bill automatically from your savings or checking account with us, you can stop the payment on any amount,you think is wrong. To stop payment, your letter must reach us at least three business days before the automatic payment is scheduled to occur. and (3) dividing the sum of the daily balances by the number of days in the billing cycle. To calculate the daily balance for each day in this statement's billing cycle, we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, add new Purchases, new Account Fees, and new Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. If the Previous Balance shown on this statement was paid in full in this statement's billing cycle, then on the day after that payment in full date, we exclude from the beginning balance new Purchases, new Account Fees and new Transaction Fees which posted on or before that payment in full date, and we do not add new Purchases, new Account Fees, or new Transaction Fees which post after that payment in full date. We include the fees for credit card debt cancellation or credit insurance purchased through us in calculating the beginning balance for the first day of the billing cycle after the billing cycle in which such fees are billed. TOTAL INTEREST CHARGE COMPUTATION Interest Charges accrue and are compounded on a dailybasis. To determine the Interest Charges we multiply each Balance Subject to Interest Rate by its applicable Daily Periodic Rate and that result by the number of days in the billing cycle. To determine the total Interest Charge for the billing cycle, we add the Periodic Rate Interest Charges together. A Daily Periodic Rate is calculated by dividing an Annual Percentage Rate by 365. HOW WE ALLOCATE YOUR PAYMENTS If your account has balances with different APRs, we willallocate the amount of your payment equal to the Total Minimum Payment Due to the lowest APR balances first (including transactions made after this statement). Payment amounts in excess of your Total Minimum Payment Due will be applied to balances with higher APRs before balances with lowerAPRS. IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE When using the optional Pay-by-Phone service, you authorize us to initiate an electronic payment from your account at the financial institution you designate. You must authorize the amount and timing of each payment. For your protection, we will ask for security information. A fee may apply. To cancel, call us before the scheduled payment date. Same-day payments cannot be edited or canceled. MISCELLANEOUS For the complete terms and conditions of your account, consult your Credit Card Agreement. FIA Card Services is a tradename of FIA Card Services, N.A. This account is issued and administered by FIA Card Services, N.A. If yourbillingaddress or contact information has changed, or ifyour address is incorrect as it appears on this bill, please provide all corrections here. Address 1 Address 2 City State Area Code & Home Phone Area Code & Work Phone Bankof America 44010. 4264 2872 1690 7770 June 10 - July 10, 2010 Page 3 of 4 Transactions Transaction Posting Reference Account Date Date Description Number Number Amount Total Interest Charged 07/10 07/10 Interest Charged on Purchases 107.55 TOTAL INTEREST FOR THIS PERIOD $107.55 2010 Totals Year-to-Date 11 Total fees charged in 2010 $565.36 Total interest charged in 2010 $701.92 Important Your balance exceeds the credit limit. Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Promotional Promotional Balance Interest Percentage Transaction Offer ID Subject to Charges by Rate Type Interest Transaction Rate Type Balance Transfers 13.99%V $ 0.00 S 0-00 uasn aavances 24.999dV $ 0.00 $ 0.00 Purchases 13.99$V $9,051.33 $107.55 APR Type Definitions: Daily interest Rate Type: V= Variable Rate (rate may vary) Prepared for. JEREMY B LATHROP Account Number. 4264 2872 1690 7770 December 2009 Statement Credit Line: $7,900.00 Cash or Credit Avai/abfe: $0.00 BankofAmedca Account Information Summary of Transactions Billing Cycle and Payment Information Previous Balance $7,640.52 Days in Billing Cycle 31 Payments and Credits - $200.00 Closing Date 12/08/09 Purchases and Adjustments + $461.71 Periodic Rate Finance Charges + $91.43 Payment Due Date 01/04/10 Transaction Fee Finance Charges + $0.00 Current Payment Due $170.00 Past Due Amount + $0.00 New Balance Total $7,993.66 Total Minimum Payment Due www.bankofamerica.com Call toll-free 1-800-789-6685 TDD hearing-impaired 1-800-346-3178 Mail Payments to: BANK OF AMERICA P.O. BOX 15019 WILMINGTON, DE 19886-5019 Mail Billing Inquiries to: BANK OF AMERICA P.O. BOX 15026 WILMINGTON, DE 19850-5026 Promotional Posting Transaction Reference Account Payments and Credits Offer ID Date Date Number Number Amount PAYMENT - THANK YOU 11/30 11129' 200.00 CR Purchases and Adjustments CREDIT PROTECTION PLUS 800.942.1083 t2l04 12/03 2588 7770 " 387.35 12/08 12/08 500A 74.36 Finance .-Schedule Promotional Categor T CotresoondingAnnuaf APR Safance Subject to ransaction Types y Daily Periodic Rate Percentage Rate Type Finance Charge Balance Transfers 0.038329% V 13.99% S $0.00 Cash Advances 0.068466% V 24.99% S $0,00 Purchases 0.038329% V 13.99% S $7,695.02 Annual Percentage Rate for this Billing Period: (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges that results in an APR which exceeds 13.99% the Corresponding APR above.) APR Type Definitions: Daily Interest Rate Type: V= Variable Rate (Interest Rate may vary); APR Type: S= Standard APR (APR normally in effect) 08 0079936600017000000200000004264287216907770 Check here for a change of mailing address or phone number(s). BANK OF AMERICA Please provide all corrections on the reverse side. P.O. BOX 15019 Payment Information WILMINGTON, DE 19886-5019 ACCOUNT NUMBER.- 4264 2872 1690 7770 NEW BALANCE TOTAL: $7,993.66 PAYMENTDUEDATE.• 01/04/10 CYIFK Aly/IN/Ir Amarlt Elviv ,t JEREMY B LATHROP 126 HERMAN AVE i t f LEMOYNE PA 17043-1935 Mail this payment coupon along with a check or money order payable to: BANK OFAMER/CA 11: 5 240 2 2 2 50II: 088?? 2 1 6 90 7 7 70111 v m a, 0 ro / RTANT INFORMATION ABOUT THIS ACCOUNT CUSTOMER sTATIeMBNT OF ,,DISPUTED ITEM - Please call toll free 1.866.266.0212 Time) acrd Saturday 8am-6pm (Eastern Time). For prompt service please have the merchant DO NOT ALTER USE21 1 Rev. 04/08 8am-9pm (Eastern Time), Friday 8am-7pm (Eastern available for the charge(s) in question. THIS FORM AND DO NOT MAIL YOUR LETTER OR FORM WITH YOUR PAYMENT Your Name: Transaction Date: Posting Date: Amount $: Disputed Amount $: Q 1. The amount of the charge was increased from $ to $ or my sales slip was added incornvotlly. Enclosed is a copy of e sates flip that sher the correct amount = 2.1 oertifv that the charge listed above was not made by me or a person authorized by me to use mV d, nor were the goods or servos represented by the tranraaitn received by me or a person authorized by rte. 3. [have not received the merchandise that was to be shipped tome on (MM/DD/YY). I have asked the merchant to credit my account 4.1 was issued a credit slip that was not shown on my statement. A copy of my credit slip is enclosed. The merchant has up t o.30 days to credit your account. 5. Merchandise that was shipped to me has arrived damaged arxYor defective. I returned it on _L_/ QvWDIYY) and asked the merchant to credit my accoum Attach a letter describing how the merclee was damaged and/or defective and a copy of the proof of mum. 0 6. Although I did engage in the above transaction, I have contacted the merchant, retuned the merchandise on I_ f MM/DDNY) and requested a credit. I either did not receive this credit or it was unsacrouy Atthr?i ai a explaining why you aredisputing this charge with a copy of the proof of return. If you are unable to return the merchandise, please explain. 7. I certify that the charge in question was a sine transaction but was posted twice to my statement 1 did not authorize the seared transaction. Sale #1$ Reference # _ Sale #2 $ Reference # Account Number: Choose only one dispute reason. Reference Number: Merchant Name: 8. I notified the merchant on (MMIDD/YY) to canoe] the pre-authorized order (reservation). Please note cancellation # an-iTavailaNe, nhdose a copy of your contmctaml a copy of your telephone bill showing dare and tune of cancellation. Reason kn cancellation /cancellation #.- 9. Although I did engage in the above transaction, I have contacted the machant for credit. The services to be provided on (MMIDUYY) were not received or were unsatisfactory. Attach. a letter describing the sernceswpect your attempts to resolve with the merchant and a copy of your contract Q 10.1 certify that I do not recognize the transaction. Merchants often provide telephone numbers next to their name on your billing statement. Please attempt to comae the merchant for information. Q 11. If your dispute is for a different reason, please contact us at the above telephone number Signature (required): Dare: Best contact telephone #: Home#: Billing rights are only preserved by written inquiry. To preserve your billing rights, please return a copy of thus form and anyy suppomng information regarding the merchant charge in question to: Atm: Billing Inquiries, P.O. Box 15026, Wilmington, DE 19850 5026, USA. PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMENT. To calculate the daily balance for each day in this statement's billinngg cycle, we take the beginning balance add anamount equal to the applicable Daily Periodic Rate multiplied by the prenotts day's daily balaitce, add new Purchases new Account Fees, and new Transaction Fees and subtract applicable payments and credits. If any daily balance is less than zero we eat it as zero. )t the Previous Balances hown on this statement was paid in full in this statement's billing cycle, then on the day after that payment in full date, we exclude from the beginnin bala or rice new Purchases new Account Fees, and new Transaction Fees which posted on before that payment in full date, and we do not add new Purchases new Account Fees, or new Transaction Fees which post after that payment in full date. We include the costs for the credit card debt cancellation plan or credit insurance purchased through us in calculating the beginning balance for the first day of the billing cycle after the billing cycle in which such costs are billed. TOTAL PERIODIC RATE FRANCE CHARGE COMp1ITATKIN Periodic Rate Finance Charges accrue and are compounded on a daily basis. To determine the Periodic Rate Finance Charges, we multiply each Balance Subject to Finance Charge by its applicable Daily Periodic Rate and that result by the number of days in the billing cycle. To determine the total Periodic Rare Finance Charge for the billing cycle, we add the Periodic Rate Finance Charges together Each Daily Periodic Rate is calculated by dividing its corresponding Annual Percentage Rate by 365. NOW 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 this 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. Pays and Due DAN and Keeping Your Accowd in Good SNtndng Your Payment Due Date will not fall on the same day each month. In order to help maintain any promotional rates, to avoid the imposition of Default Rates (if applicable), to avoid late fees, and to avoid overlimit fees, we must receive at least the Total Minimum Payment Due by its Payment Due Date each billing cycle and you must maintain your account balance below your Credit Limit each day. Important Intlonmation about Payments by Phono When using the optional Pay-b -Phone service, you authorize us to initiate an electronic payment from your account at the financial institution you designate. You must authorize the amount and timing of each payment. For your protection, we will ask for security information. A fee may apply. To cancel, call is before the scheduled payment date. Same-clay payments cannot be edited or canceled N?J.AIMOUS For the complete terms and conditions of your account, consult your Credit Card Agreement. RA Card Services is a tradename of RA Card Services, N.A. This account is issued and administered by RA Card Services, N.A. GRACE PERIOD "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. There is no Grace Period for Balance Transfers and Cash Advances. If ye?u pay in full this statement's New Balance Total by its Payment Due Date and if you paid in full this statement's Previous Balance in this statement's billing cycle, then you will have a Grace Period during the billing cycle that began the day after this statement's Closing Date on the Purchase portions of this statement's New Balance Total. During a 0% Promotional Rate Offer, l) no Periodic Rate Finance Charges accrue on balances with the 0% Promotional Rate; and 2) you must pay the Total Minimum Payment Due by its Payment Due Date (and avoid any other "promotion tumoff event" as defined in your Credit Card Agreement) to maintain the 0% Promotional Rate. ** If a corresponding Annual Percentage Rate in the Finance Charge Schedule on the front of this statement contains a "* " ' symbol, then with respect to those balances: l) the 0% Promotional Rate will expire at the end of the next billing cycle, and 2) you must Pay this statement's New Balance Total by its Payment Due Date to avoid Periodic Rate Finance Charges after the end of the 0% Promotional Rate Offer on those balances existing as of the Closing Dare of this statement CALCMATION OF BALANCES SUBJECT TO FRANCE CHARM Average Balance Method (including new Balance Transfers and new Cash Advances): We calculate separate Balances Subect to Finance Charge for Balance Transfers, Cash Advance s and for each Promotional Offer balance consisting of Balance Transfers or cash Advances. do this by: (1) calculating a daily balance for each day in this statement's billing cycle,• (2) calculating a daily balance for each day prior to this statement's billing cycle that had a "Pre- Cycle balance" - a Pre Cycle balance is a Balance Transfer or Cash Advance with a transaction date prior to this statement's billing cycle but with a posting date widen this statements billing cycle; (3) addi all the daily balances t ether, and (4) dividing the sum of the daily balances by the number of?ys in this statement's bcycle. To calculate the daily balance for each y in this statement's billing cycle, we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, add new Balance Transfers, new Cash Advances and and Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. To calculate a daily balance for each day prior to this statement's billing cycle that had a Pre- Cycle balance, we take the beginning balance attributable solely to Pre-Cycle balances (which will be zero on the transaction date of the first Pre-Cycle balance), add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, and add only the apphcable Pre Cycle balances, and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles. Average Daily Balance Method (including new Purchases): We calculate separate Balances Subject to Finance Charge for Purchases and for each Promotional Offer balance consisting of Purchases. We do this by: (1) calculating a daily balance for each day in the billing cycle; (2) adding all the daily balances together; and (3) dividing the sum of the daily balances by the number of days in the billing cycle. PAYMENTS 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 bottom left-hand comer of the front of this statement, 3) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order, and 4) sent in the enclosed return envelope with only the bottom portion of this statement accompanyml; it. Payments received after 5 p.m. on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. We will reject payments that are not drawn in U.S. dollars and those drawn on a financial institution located outside of the United States. Credit for any other payments may be delayed up to five days. No payment shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers. We process most payment checks electronically by using the information found on your check. Each check authorizes us to create a one-tune electronic funds transfer (or process it as a check or paper draft). Funds may be withdrawn from your account as soon as the same day we receive your payment. Checks are not returned to you. For more information or to stop the electronic funds transfers, call us at the number listed on the front. If you have authorized us to pay your credit card bill automatically from your savings or checking account with us, you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us at least three business days before the automatic payment is scheduled to occur If your billing address or contact information has changed, or if your address is incorrect as it appears on this bill, please provide all corrections here. Address I Address 2 _ City _ Stare _ Area Code & Home Phone Area Code & Work Phone Zip EXHIBIT B CERTIFICATE OF PURCHASE I, P FTC R WI I R G 0 , hereby depose and state that: 1. 1 am an Authorized Agent of CACH, LLC, a Colorado Limited Liability Company. 2. As such, I am authorized to give this Certificate, and possess sufficient personal knowledge to do so regarding: Customer Name: JEREMY B LATHROP Original Creditor: BANK OF AMERICA, N.A. Account Number: 4264287216907770 3. On or about August 16, 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: SE 1,2 2011 By: ?. Sworn and subscribed to before me this day o> EP 12 2011 2011 r i i ,? Notary Public O My Commission EVires 03/19/2012 AFFIDAVIT OF SALE AND CERTIFICATION OF DEBT STATE OF NORTH CAROLINA CITY OF GREENSBORO FIA Card Services, N.A. Accountholder: LATHROP, JEREMY B Account No(s), 4264287998696245, 4264287216907770 The undersigned, Dec*-% W 1 lee- S being duly sworn, states and deposes as follows: 1. That Affiant is employed by FIA Card Services, N.A. in the position of Bank Officer, has personal knowledge of the manner and method by which FIA Card Services, N.A. maintains its normal business book and records, and is duly authorized to make this affidavit. 2. That the contents of this affidavit are believed to be true and correct based on the computerized and hard copy books and records of FIA Card Services, N.A., maintained in the ordinary course of business, with the entries in them having been made at or near the time of the transaction recorded,. 3. That FIA Card Services, N.A. is a wholly owned subsidiary of Bank of America Corporation and is successor in interest to MBNA America Bank NA, Fleet Bank (RI), and Bank of America, National Association (USA). 4. That the account records of FIA Card Services, N.A. show that: a. Account number 4264287998696245, formerly account number 4264287216907770, was opened on 9/25/2007 by JEREMY B LATHROP. b. Pursuant to the terms of the card member agreement with FIA Card Services, N.A, there was due and payable $9140.94 as of the charge off date of 7/31/2010. C. Said agreement and account was, on 8/14/2010, sold, transferred and set over unto CACH, LLC, with full authority to do and perform all acts necessary for collection, settlement, adjustment, compromise or satisfaction of the said claim, and as of that date, there was due and payable on this Account the sum of $9,140.94, with all just and lawful offsets, payments, and credits having been allowed. d. There were no uncredited, payments, just counterclaims or offsets against said debt when sold. 5. That as a result of the sale of said account, CACH, LLC and/or its authorized Agent, has complete authority to settle, adjust, compromise and satisfy same, and that FIA Card Services, N.A. has no further interest in the account for any purpose. 6. That the original contract in this matter may not be available, or no longer accessible to Affiant. KATfi1NA HUNTLEY" DATED THIS day of MAY 3 1 20112011 NOTARY PuBuc GUILFORD COUNTY FIA Card Services, N.A. NORTH CAROLINA MY COMMISSION EXPIRES MAR. 30, 20t8 By: OAZ* akl ` Bank Officer Subscribed and sworn to before me this day of MAY 3 1 2011 , 2011 My commission expires: Notary Seal Notary Pu is 1578 CACH, LLC_5/ 19/2011 Job% EXHIMC Tho mvduipded Ami ("oaf') an aad u of&c dale mie hm *jV Wwfim* sells, "MR1 16 nips, .r, qW sand mm" to CACIL UC, aLkWWd t.ial Mty Conpemy mad w dw *0 km of ColocWD ("AMWW) lwidwm reef, mse aura %khout mpa wwa= or aka a?f mry type. . elm ?r ?C111't? ? or ?? sa?jeo! ? Hu3?m'9 >epdnchase rim ax suet fftth is a:km 11.1 add 81 all of AaWgoM%rim. fi le and role t ia add to each of thc l i? iA 1bC ? d,aie ?'? q?rdsadb?l? {tha p?"?, beer the sit al! poi?reipal. i torollterpt+eaet+de od'anylaim?d wide apeceaa i r msWag duoaud ova efdkeCW-Off Faroe so" to mh 1"m as wt [ in the I,om sate A eat pmmt to wM& *a Lam ate being soW- C big no'119miae?d 14 p+c oob dtslved from die uavft*% VWWI"d-ry W #ov y. aY of t*LC= cash or aver i4uidim PwpoiY? ' DAl : Aupot IS. l0. tw% ASSIGN : FIAA CARD SUVI= RYA. Nam: L ?Payixiw Titk: Vice Pmsiidwt 3392- FU MMMMA s e..r.r AoWaarm ose-'w III.4•T.MW m Bvr? t DR wm w+r a. 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 Bank of America BA Merchant Services, LLC affiliated companies. Federal law also requires us to LaSalle Merchant Services, LLC CT mark ting fice rom?alllthe Bank off America to affiliated companies. • You may limit all the Bank of America affiliated companies, such as the banking, loan credit card, insurance and securities companies, from marketing their products or services to you based upon your personal information that they 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 apply for at least 5 years from when you tell us your choice. Before our choice to limit marketin offers expires, you wi . receive a renewal notice tha? 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 Company General Fidelity Life Insurance Company 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 Hed?e Fund Management, Inc. UST Securities Gorp. ro (continued) BANK OF AMERICA PRIVACY POLICY FOR CONSUMERS 2008 To learn more about how Bank of America manages Customer Information and what actions you can take, pIIease continue reading. Ibis 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 personal! identifiable information about a consumer or a consumers current or former customer relationship with Bank of America. This poli is provided to you as required by the Federal Financial vary Law and applies to our companies identified in Section 7, Bank i f America g the security of information a priority snanenal information secure is one of our most reesspponsibilities. We maintainhysical, electronic iunral safeguards to protect Cus?omer Information. ;e employees are authorized to access Customer n for business urposes only. Our employees are a code of ethics that requires confidential of Customer Information and are subject to y action if they fail to follow this code. B. Application Information - information you provide to us on applications and through other means that will help us determine if you are ehgfbie for products you request. Examples include assets, Income and debt. C. Transaction and Experience Information - information about transactions and account experience, as well as information about our communications with you. Examples include account balances, payment history, account usage and your inquiries and our responses. D. Consumer Report Information - information from a consumer report. Examples include credit score and credit history. E. Information from Outside Sources - information from outside sources re employment, credit and other relationships that will he 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 from outside sources, such as data from public records, that is not ; assembled or used for the purpose of determining eligibility for a product or service. As required by the USA PATRIOT Act, we also collect information and take actions necessary to verity your 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 sup ort organizations not affiliated with Bank of America tha prepare and provide reports to others as well as to us. We ddo not share medical or health information among our companies, except to maintain or collect on accounts, process transactions, service customer requests or perform insurance functions to the extent permitted by law. Managing information with companies that work for us We may share any of the categories of Customer Information with companies that work for us, including companies located outside the United States. Ail nonaPfiUated companies that act on our behalf and receive Customer Information from us are contractue obligated to keep the information we provide to them coniidendal, and to use the Customer Information we share only to provide the services we ask them to perform. These companies may include financial service providers, such as payment pmcessing_ companies, and 'nonfinancial companies. aueh as , we may share any of the categories of Customer i with companies that work for us in order to Lrketi'ng support and other services, such as a eider LFiat ?ietributes marketing materials. These may help us to market our own products and other products and services that we believe may eat to you. Please note that some of our own may provide marketing support and other us as well. and use various types of information about you se accounts to service your accounts, save you time 81 r, better respond to your needs and manage our wi Ad risks. Customer Information is categoi?zed in W ng six ways: Ei cation Information - information that identifies In a amber. n nn- , address, telephone number and Social a tion with third parties (for customers nd Sponsored Accounts) mtifRation Information, Transaction and oration, as well as Other General olleet about each of your (1) Bank of d account(s) and 2 Sponsored Accounts i, with selected t 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 b Bank of America that are also endorsed, co-brandedyor sponsored by other organizations. Examples of these organizations include colleges, sporting teams, retailers and other affinity. organizatiane, such as charities. Sponsored Accounts may include 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 Account by the appearance of the name or logo of the s?sonsoring oraaization on account materials, such as ,tion within Bank of America s made up of a number of companies, I service providers, such as our brokerage b fit card company, and nonfinancial F as our operations and servicing b may share any of the categories of P on among our companies. For example, I - --c nuvcner any (a our accounts are red Accounts, please contact 1.881F.341.5000. ay share information about credit cards and red Accounts with selected third parties, including: ` lmcial services companies (such as insurance genies or companies and mortgage brokers and r}gainizatiana with whom we have agreements to =2 market financial products); f onnffinancial companies (such as retailers travel )mpanies and membership organizational; and rther companies (such as nonprofit organizations). Bring of information, as described in this section, is to credit card and Sponsored Account information. see Section 4, honoring your oreferences to learn any of the categories of Customer treaus and similar organizations and when required or permitter Information may be disc] prevention or investigation and recording mortgages in 4. Honoring your prefer. You have choices when it shares and uses informatiot Sharing information wit with credit cards and Spore If you have a Bank of At Account, you may request about these accounts with i we not share information share information: law. For example, Customer in connection with fraud c management and security, is recor s. comes to how Bank of America h third parties (for customers ored Accounts) ierica credit card or Sponsored that we not share information hind parties. If you request that vith third parties, we may still • Where permitted or required by law as discussed in Section 3 under Disclosing information in other With our service providers as discussed in Section 3 under Managing information with companies that work for us; and • With other financial companies with whom we have joint marketingg agreements. If you have 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. aring among Bank of America companies You may request that Application Information Consumer Re ort Information and Information from Outside Sources noobe 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. receive from as and tram compan the amount of telephone s+ Bank of America does not services through telephone offers from us may include services we believe may be if you elect not to receive mail, telephone and/or e-i continue to contact you an I and for other nonmarketi contacted by your client rt account representative, if, a also continue to provide regular account mailings a an ATM communications. Each customer may opt out individually. Since marketi t marketing offers - sent e-mail - from Bank of to all marketing offers ing for us. To m,nim;se i our customers receive, f interest to you. . irect marketin offers by postal mil, please note that we may eggceesary to service your account let purposes. You may also be nship manager or assigned )plicable. Bank of America may marketing information in your id statements, including online of each direct marketingyopti g on programs may alreadd 5e in progress, i ma take up to 12 weeks for your oats] mail opt-out to be tyully_effective. When you opt out of direct marketmg by pos mail or telephone, your opt-out will last for five years. After that, you may choose to renew yyour opt-out or another five-year period. 3. Actions you can take You can tell us your preferences N • Not? us at baukofameric entering your information on Calling us toll free at 1.8883 Talknmg to a customer repress center or to your client relatii ti. Guarding your own informal Bank of Ameriea recommends Qu precautions to guard against unauthorized use of your account a Review your monthly account • Do any auspicious respond to se--m?aills ? reaa privacy and cure Web site e at a banking manager you take the follot the disclosure and ! personal information: atementa and report to at or credit ca t found. 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". IV • 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 may contact the Federal Trade Commission SF'T& to report any incidents and to receive additional guidance on steps you can take to protect yourself. Contact the FTC at www.cousumer.gov/idtheft or 1.877.438.4338. • For additional information on protecting your • --- ... . neeping up to date with our Privacy Policy We may make changes to this police at any tune and will inform you of changes, as required by law. To receive the most up-to-date Privacy Policy, you can visit our Web site at: baMfamerica.com/privacy or call us at 1.888.341.5000. of America companies a Policy applies to the following Bank of America s that have consumer customer relationships: of Delaware, N.A. Consumer Card Services, LLC l Services, L.P. BAUAF Alternative Advisors, Inc. Bank of America Capital Advisors LLC Banc of America Finance Services, Inc. Banc of America Investment Advisors, Inc. Banc of America Investment Services, Inc. Banc of America Securities LLC Management, LLC ic. e Fund Management, Inc. astment Advisors LLC Inc. r of Nevada Inc. r of Texas, i?ic. ranee Services, Inc., dba Banc of Insurance Agency, LLC Company ince Uompany r'or a current list of Bank of America companies that have consumer customer relationships and to which this policy applies, please visit our Web site Oct bankofamerica.co rivacy. This policy a lies to consumer customer relation Mps establi shed in thepitnited States and is effective Januarq 1 2008. This notice constitutes the Bank of America LTo 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 a rly, 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 iinformation: Protect At orney oGeneralal, 6 5 East W sense StreettSuite 3900, Las Ves, NV 89101; phone number: 702.486.3132; e-mail. BCPINggaaFOOa .state.nv.us. Bank of America, PO Box 25118, FL1-300-02-07, Tampa, FL 33633-0900. For Vermont and California residents only. The information sharing practices described above are in accordance with federal law. Vermont and California law lace additional limits on sharing information about Vermont and California residents so long as they remain residents of those states. Vermont: In accordance with Vermont law Bank of America will not share information we collect about Vermont residents with -companies outside of Bank of America, except as permitted by law, such as with the consent of the customer, to service the customer's accounts or to other financial institutions with which we have Joint marketing agreements. Bank of America will not ahare 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 conpanies 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. Eatas normas estdn disponibles en espanol a travels de la >SM sucursal bancaria de su localidad m 2007 Bank of America Corporation, 1? CREDIT CARD AGREEMENT YOUR CONTRACT WITH US We reserve the right to change the terms of this Agreement cat any_ time, rz.9 further described in the section titled We ay Amend fihisAgreement. WORDS USED OFTEN IN THIS AGREEMENT "Access check" means a check we provide to you to obtain credit on your account Promise To Pay, and How We Allocate Your Payments) 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. "Agreement" or "Credit Card Agreement" means this We use section headings (e.g., Words Used Often In This document and any changes we make to this document from f?eeferenc to organize flue Bement. The headings are time to time. purposes only. "APR" HOW u maaO bSE? OUR Ain the ACCOUNT "APR." means the correspondiun?g Annual Percentage Rate. Yo Balance Transfers, The APR corresponds to the iTaiiy Periodic Rate ("DPR") Cash Advances, and in by using cards, access which is calculated by dividing the corresponding APR by checks, your account number, or other credit devices. 365. "Card" means all the credit cards we issue to you and to "Balance TTr?de by mseaant yon transfer oA funds to 1Ya?er any other person with authorization for use on this account does not include a transaction ti:at is otherwise a Cash pursuant to this Agreement. Advance. Balance Transfers include Transaction Fees and "Default Rate" means the APR(s) which may be applied to adjustments associated with any Balance Transfer. Balance Transfers, Cash Advances, and Purchases Without further notice in certain instances of your default, as described in the section titled, Annual Percentage Rates: forei n cur?renccyyc(in ludingnfora example, o linen ppudrehanses 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. the C1Balance Total" means the total billed amount as of using 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 be ' ginning of the ?biliig?cycle, which is the "Previous Balance." Then we Advances, pBallaance enta Transfers PPurchaassesn and Adajdudstmentss and finance charges. "Pay in Full" or "Paid in Full" means payments and credits in a bill' cpcle totaling at least your previous billing cycle's New Balance Total. In general, Pay in Full must be made by the Payment Due Date in order to get a Grace Period. "Promotional Offer" means limited time introductory or promotional offers on certain Balance Transfers, Cash Advances or Purchases at APRs that are lower than the Standard Rates for those features ("Promotional Rates') and may be subject to other conditions. Promotional Offers finny also inclu a limited time introductory or promotional transaction fees C'Promotional Fees") which may be higher or lower than the standard fees provided in the section titled Transaction Fee Finance Charges BallaanceeTTran? ers,,CCaa h .Advanc?es,(eandopu?rchases. effect for "We", "us" "our", and "FIACS" means FIA Card Services, NA., also iCmWm as Bank of America. "You" and "your" mean each and all of the persons who are granted, accept or use an account we hold "You" and grout" also mean any other person who has guaranteed payment of this account, when used in the sections titled Your Contract Arbitra?nn a dayl gat orn and Record used inneachlon of thhe sections relating to payment of this account (e.g., Your t "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. CTirect Deposit"). A .Direct Deposit does not include an Overdraft Protection Cash Advance or a same day online funds transfer; 3. at any financial institution (e.g., to obtain cash, money orders, wire transfers, or travelers checks), by a same day online funds transfer to a deposit account, and at any non-financial institution (to obtain cash) 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 C'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 Payment'): "Cash Advance" includes Transaction Fees and adjustments associated with any Cash Advance. "Purchase" 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"); 3. make a transaction that is not otherwise a Cash Advance. "Purchase" includes Account Fees, as well as Transaction (continued) Fees and adjustments associated with any Purchase. ANNUAL PERCENTAGE RATES This section provides the Standard Rates, Default Rates and Promotional Dffers applicable to your account. Balance Transfers: The Standard Rate for Balance PERCCENTAGE CeRATE of 9.90%(0.02712392 DPR ? Cash Advances: The Standard Rate for Cash Advance balances is a corresponding ANNUAL PERCE 2008 then this Promotional Offer will apply to eligible transactions postin to your account through your statement ClosingDate in February 2009 and this Promotional Offer-will end on your statement Closing Date in February 2009. If an e1ig?'ble transaction does not post to our account by your statement Closing Date in August 2008, then the Promotional Offer will end on your statement Closing Date in Auu?guusst 2008. Check Cash Advances bearin Offer ID ,Wt and Direct Deposits which ge? this Promotional Offer will post to your account as Balance Transfers. RATE of 24.9996(0.06846692 DPR). NTAGE During the time in which you ma make qualifying Purchases: The Standard Rate for Purchase balances is a subject to the f llowing Prommotiioontal Fees ffer, they wilt be corre ondingg ANNUAL PERCENTAGE RATE of 9.90960.027123% DPR). n.1 Tr 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 wing you additional notice, each time yo?u have two "default re-pricing events" in any twelve rolling consecutive billing =4 . 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 any time in a billing cycle We may elect to set your APRs for Balance Transfer, Cash Advance and Purchase balances to different Default Rates Default Rates are variable rates calculated using the . Variable Default Rate formula with a of up to 23.99 percent into. this c ntl resulin a co oadin ANNUA 1'ERGMA&E R of 29.2496(0.08 1096 ?PR). Each such APR increase will be effective as of the first day of the billing Tle in which the second default re-pricing event occurs. With each additional default re-pricing event we will again determine whether there have been two default slims re-ncmff events in the preceding twelve consecutive bmin =r, . AZI Default Rates will remain in effect until you h Total Minimum Payment Due by its Pa ment Due Date and do not exceed your credit limit for six consecutive billing cyclesIn starting with the fast biiti?ng cycle after the Default rag in effect. At that time we wilrlower the margin for each of these variable APRs by at least two gercentnw?pomts. These will be your new variable ance ansfers: 3.00% of each such ??ua_liii??g transaction (Fee: Min. $10.00; Max. $99.00) (1±?11+iAN'c CHARGE). This Promotional Offer may end at any 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 your total outstanding balance exceeds your credit firm on any statement Closing Date. If a promotion turn-off event occurs, then this Promotional Offer will end as of the first M of hat billing cycle. This means that this Promotional e will not be in effect in that billing cycle. Promotional Offer ID H6BHHH7MC: The Promotional Rate for this Promotional Otter is a corre ondiniv ANNUAL PERCENTAGE RATE of 1.99% (0.005452 DPR). This Promotional Offer applies to Purchases each at least 00.00 (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 posts to your account by A t 1, 2008 then this Promotional Offer WW Fro Iy to elig?`transa . one posting to your account throw your statement Closing Date in January 2009 and this motional Offer will end on our statement Closin Date in January 2009. If an eligible transaction dose not PromotionaIOffers: poat to your account by August 1 2008, then the From time to time we may make Promotional Offers on Pr°motionel Offer will end on August 1, X008. certain new Balance Transfers Cash Advances, and Purchases. When a Promotional Offer ends, its Promotional Rates will terminate. Any Balance Transfer Cash Advance or Purchase balancesub ieet to that Promotional Offer wilt return to its respective Standard Rate or Default Rate as applicable. Check Cash Advances and Direct Deposits are Cash Advances. However if Check Cash Advances or Direct Deposits are fdentifled in the Promntional Offer ao This Promotional Offer may end at an time if there is a "promotion turn-off event. A promotion ton turn-off event means: (1) that any Total Minimum Pa nt Due Is not received by its Payment Due Date; or (2) that yo ur total outstanding balance exceeds your credit limit on statement Closing Date. If a remotion turn-off event occurs then this Promotional Offer wilt 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 y for the Promotio Promotional Offer ID H6BHKH7MD: The promotional ons. y 11 balances will be Rate for this Promotional offer is a corres? ondim ilance and will get the ANNUAL PERCENTAGE ELATE of 1.99% (0.005452 or if applicable, the DPR). t ie Promotional of for transactions will g t theu Ba ance Tt nsfer transaction fee if they qualify for the Promotional Offer. Promotional Offer ID H6BHBH7MB: The Promotional A?N?NUfAL this Promotional RATEr ofs 199% (0 90545296 DPR). This Promotional Offer applies to Balance Transfers Direct this Promotioonal vOfferrID each awn ela?gible ttrrangaaction" o8 this Promotional Offer). This Promotional Offer applies to new eligible transaction beginning on June 13, 2008. If an elleraction posts to Your acmtint by v - -1..fd,..- 2008 then this Promotional Offer will apply to i This Promotional Offer applies to Balance Transfers Direct transactions posting to our account tlimem Deposit Cash Advances and Check Cash Advances bearing statement Closing Data in IV= 2009 and this Pru, this Promotional Offer M (each an "eligible transaction" for Offer will end on your statement Closing Date in this Promotional Offer). 22y009. If an eligible transaaacggtion does not, post to your a This Promotional Offer a lies to new eligible transactions ProYour naltQff rtwillaend nayotu statement GD'!8oa beginning on Ma 18, 2008. If an eh'Qible transaction posts in A 2008. Check Cash Advances bearing 01 to your account G your statement Closing Date in August H613MMD and Direct Deposits which get Promotional Offer will post to your account as Balance variable rates is 5.25% and was determined on June 30, Transfers. 2008. During the time in which you ma make qualif ''ng transactions under this Promotional Offer, they will be subject to the following Promotional Fees: Balance Transfers: 3.00% of each such qualify?'n transaction (Fee: Min. $10.00; Max. $99.00) (FINANCE 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 your total outstanding balance exceeds your credit limit on any statement Closin Date. If a? ?ppromotion 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. Promotional Offer ID H6BHKH7MF: The Promotional Rate for this Promotional Offer is a correspondin ANNUAL PERCENTAGE RATE of 1.99% (0.005462 DPR). This Promotional Offer applies to Balance Transfers Direct this?Prtomotional Offier IDn(each an ' eligible transaction" fo7r this Promotional Offer). This Promotional Offer applies to new beginning on Julq 13, 2008. If an eh * to our account by your statemet September 2008 then this Promotions elikble transactions osting to your a statement Closing Date in April 2009 , Offer will end on your statement Cl 2009. If an eligible transaction does not by your statement Closin Date in SE the Promotional Offer w2 end on you Oa A SeQtember 2008. Check Casi An increase or decrease in the index will cause a corresponding increase or decrease in your variable rates on the first day of your billing cycle that begins in the same month as the determination date. An increase in the index means that you will pay higher periodic rate finance char es and have a higher Total Minimum Payment Due. If The 'Nall Street Journal does not publish the U.S. Prime Kate, or i c anges a 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 multiplying each Balance Subject to Finance Charge by its applicable DPR and that result by the number of days in the billing cycle. When Periodic Rate Finance Charges accrue on a Balance Transfer, Cash Advance or Purchase balance, those finance charges become part of that respective Balance Transfer, Cast, ash Advance, or Purchase balance. BILLING CYCLE Your billia cycle ends each month on a Closing Date determined _y 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 TA A!?!"?1S tiL? transactions Each new action pests accrue Pe: ig Date m date. Bal Hill apply to remaining er H HHI3I and Direct Deposits which get this Promotional Offer will post to your account as balance Transfers. During the time in which you may make clualifving transactions under this Promotional Offer, they wil be subject to the following Promotional Fees: Balance Transfers: 3.00% of each such ??gg?? transaction (Fee: Min. $10.00; Max. $99.00) (F1NNdg CHARGE). This Promotional Offer maX end at any time if there is a "promotion turn-off event. A promotion turn-off event means: (1) that any Total Minimum Paym nt 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 romotion 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 cycle that includes August 13, 2008 then this t'romotional Offer will 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 addi together an index and a For each variable rate, the applicable margin is disclose above in the section titled, Annual Percentage Rates. This index is determined on the last business day of each month ("determination dater and is the highest U.S. Prime Rate as published in the "Money Rates" section of The Wall Street Journal at any time within the imn-d-Tely Enree- Index cang was determminnds,Theiinde-xthused to calccuattee these Transfers made by deposited or cashed. Payment is the date to your account, sfer and Cash Advance begins to Hance C Tson its transaction and C. Advance balances billing cycles accrue Periodic Rate l1ret day of the billing cycle. The eck Cash Advances and Balance k is the date the check is first transaction date for a Returned the corresponding payment posted Unless subject to a Grace Period, each new Purchase be " to accrue }periodic Rate Finance Charra on its traneac?ions date or the first day of the b?7ling cycle, whichever date is later. Unless subject to a Grace enod, Purchase balances remaining from previous billin% cycles accrue Periodic Rate Finance Charges from the fist ay of the billing cycle. When applicable, Periodic Rate Finance Charges accrue daily and compound daily on new balances, and balances Fin ingg 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 Pa in Full date until the end of that billing cycle. You will have a Grace Period for an entire billing cycle on new Purchases and on Purchase balances remaming from previous b' es if you Pay in Full by the Payment Due Date in that mung cycle and if during the previous billing cycle you Paid in MI. CALCULATION OF BALANCES SUBJECT TO WTMAVVV MrAOrIlm separate Balances Subject to Finance Charge- for4Be Transfers, Cash Advances, and for each Promotional balance consisting Of Balance Transfers or Cash Ady ctyirrent baillinggacycie; (2) calculea daily bachlanceyfor day prior to the current billing that had a "xi?, v It (continues b l " a ance -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) bng cycle but with a posting date within the current billing cy; (3) ad ding all the Taily balances together; and (4) dividin the s f th d il l b b . . . If you obtain a Check Cash Advance, we will assess a g m u o e a y a ances y the number of days in the current billing cycle. transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: To calculate the daily balance for each day in the current Man. $10.00). billing cycle, we take the begu?ing balance, add an amount equal to the applicable Day Periodic Rate multi lied by the revi d ' d il b lk If you obtain a Direct Deposit, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S dollar ous ay s a y alance, add new ance Transpfers, Cash Advnncea and Transaction.. Fees, and . amount of each such Cash Advance (Fee: Min. $10.00). subtract applicable payments and credits. If any daily balance is less than zerowe treat it as zero. If you make a Foreign Transaction we will assess a transaction fee (FINANCE CHARGE y e ual to 3 00% f To calculate a dail balance for each day Y y prior to the current billing cycle that had a Pre-Cycle balance we take q . o the U.S. dollar amount of each such Foreign Transaction. This is in addition to any other applicable transaction fees. the beginning balance attributable solely to a Nis a balancewhich will be zero on the transaction date associa with the first Pre-Cycle balance) add an amount If you obtain an Overdraft Protection Cash Advance, we will assess a transaction fee (FINANCE. CHARGE equal to 3.00% of the U.S. dollar amount of each such Cash Ad equal to the applicable Daily Periodic Raise multiplied by the arevioua day's daily alanrn and edd --I- *U- vance (Fee: Min. $10.00). posted in previous Average, Daily Balance Method (including new Purchases): We calculate separate Balances Subject to Finance Charge for Purchases and for each Promotional Offer balance conalff Purchases by: (I) calculating a daily balance for each y in the current bbillingg e; (2) adding f all the daily balances together; and (3 g the sumo the daily balances by the number c. days in the current billing cycle. To calculate the daily balance for each day in the current cycle, we take the beginning balance add an amount eq to the applicable Da?u?YY Periodic Rafe multiplied by the previous day's daily balance, add, unless sub,)ect to a Grace Period, new Purchases, new Account Fees, and new Transaction Fees and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. If in the current b' cycle you Pay fn Full, then on the day after that Pay in n date, we exclude from the beginning balance new Purchases, new Account Fees and new Transaction Fees which posted on or before the lay in Full date. ttrraynsaction fee (FWire INANCE CHARGE) equal td .00 6 of the U.S. dollar amount of each such Purchase (Fee: Min. $10.00). ACCOUNT FEES; The foiloil fees are assessed as Purchases in the Billing Cycle in which the fees accrue: A Late Fee if the Total Minimum Payment Due shown on your moniEW statement is not received by us on or before its Payment Due Date. On the Late Fee transaction date: • if the total outstanding balance is $100.00 or less, the Late Fee will be $15.00; • if the total outstanding balance is eater than 100.00 but $250.00 or less, the Late Fee will be ?tal outstanding balance is eater than i, the Late Fee wall be $39.? A Returned. Payment Fee of $$39.00 if a payment on your account is returned for imoent funds 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 aocese check unpaid for any reason, even if the access check We include the costs for credit card debt cancellation or is aid credit insurance purchased through us in caleula the paid upon subsequent presentment. beginning Purchase balance for the first day of the billing A Copy Fee of $6.00 for each copy of a monthly statement or cycle after the billing cycle in which such costa 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 Chargses _ for all An Abandoned Prosy Fee equal to any costs incurred by balances is less than $1.50, then a minimum ANCE us for complying with state abandoned property laws, unless CHARGE of 1.50 will be assessed on the account in lieu of prohibited?iy applicable law. any Periodic Rate Finance Charge. TRANSACTION FEE FINANCE CHARGES We will asaemi the following Transaction Fees to your %J V ME LE6" 1 rsstrTZk l'1VLV If your checking account with Bank of E thus acc nin thi d ft Account in the same balance category to which the transaction is posted: s over ra protection funds to be transferred ("overdraft ppr from this account into your design tes If you obtain an ATM 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 a with Bank of America ("checlnag transactions occur on ur checking or other debits, that?if paid would c t " : Min. $10.00). accoun to be overdrawn ( overdo Overdraft protection transfers include c to c h ki If you obtain a Balance Transfer we will assess a transaction fee (FINANCE CHARGL) equal to 3 00% f over c ec ng account fees. Ov transfers are processed after close of th . o the U.S. dollar amount of each such Balance Transfer (Fee: Min. $10.00). rough Friday and are treated as O, Cash Advances. Each day's overdraft b totaled and rounded to % t If you obtain a Bank Cash Advance, we will assess a transaction fee (FINANCE CHARGE) u eeqq al to 3 00% f a nex $100 1 your checking account in Washin?ton or checking account is opened with ?Iilitar ? . o the U.S. dollar amount of each such C ash Advance (Fee: Min $10.00) aa? to your available credit limit, regardle tFee overdraft transactions. For example . . account has a balance of $1.00 a n d a ct If you obtain a Cash Equivalent we will assess a transaction fee (FINANCE CHARGh) equal to 3.00% of a m aa canmsegy r $1Z checking account toabe over protection transfer of $200 will be made is linked to 86 if you o ened your increaa nt s of who initiated b 3if ooltherr d ch if paid would wn, an overdraft to your checking account and an Overdraft Protection Cash Advance of $200 will post to this account. The amount of available credit on this account must be sufficient to cover the total amount of overdraft transactions (received by Bank of America that day) rounded to the next $100 increment (but excluding any overdraft protection feek otherwise one or more of the overdraft transactions 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 rese to permit any 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 Overhmit 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 sub l to the terms of our checking account with Bank o America, any related enrollment agreement, and this Agreement. SIGN YOUR CARD You should sign your card before you use it. CWE MAY MONITOR AND RECORD TELEPHONE You consent to and authorize Bank of America, any of its affiliates, or its marketing associates to monitor and/or record ariy of your, telephone conversations with our representatives or te 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 awept 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 F G INFORMATON AGENCIES; COLLECTING AND SHARIN 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 unformation we receive from third partier such as credii' reporting agendes and information about Your transactions with us andd 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 rep a ry,, write to us at: F'IA Card Services NA, 19 -7Qb4 ©e P.O. Box 17054, Wilmington, DE Please mrJude 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, famiir, or household purposes: You ou may not use your account for business or purposes. You may not use a Balance Transfer, or Check Csh Advance, or an other Cash Advance, to make a payment on this or any other credit account with us or our affil tea. You may not use or permit your aa:ount to be used to make any illegal transaction. You will only use your account f*r transactions that are legal where you conduct them or example, Internet dung transactrona may be illegal in your state. Display of a payment card logo by an onlfae merchant does not mean that an Internet transaction is legal where you conduct it. We may charge your account for such transactions. We win not be liable if you engage in an illegal transaction. We ma deny authornastion of any transactions identified as Internet gambling. PERSONS USING YOUR ACCOUNT If you permit any person to use your card, access checks, account number, or other credit device with the authorization to obtain credit on your account, you ma be liable for all transactions made by that person including Y 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 del those materials to the other liable parties and autho users. Notice to any of you will be considered notice to all of you. You may allow authorized users on your account in the following ways: (1) b notifying us that you want someone added to your account as an authorized user- (2) by lending your card or account number to another; or (3) by any other ways in whi you would be legally considered to have allowed ono er to use your account or to be legally prevented from denying tl t you did so. You must think 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 making any purchases, said advances, balance transfers and ali-owing others to use your account. Your account does not permit you to limit the nature or amount of authority you give to any authorized user and you will not attempt to do so. An authorized users authority will continue until you both notify us that you are terminating the authority and you p. ysically 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 accouni. If a bank branch or office sponsors your account, you promise to pay it any unpaid account balance it pays us within 30 days. PAYMENTS ON YOUR ACCOUNT You must pay each month at least the Total Minimum Payment Due shown on your monthly statement by its Payment Due Date. Your Payment Due Date may vary from month to month. Payments must conform to the re mments maa ovary without priori noticcetY m aytay the entire amount you owe us at any time. Payments mapay de is any billing cycle that are greater than the Total Minimum Payment Due will not affect our obligation to make the nexi Total Minimum Payment Uue. If you overpay or if there is a credit balance on your account, we will not pay interest on such amounts. We will re'ect payments that are not drawn in U.S. dollars and taose drawn on a financial institution located outside of the United States. We reserve the right to re ject 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 gnerated tact tmew. ts reated as or by person-to-person anone?? transfers are payments and will not reduce your Mal ACH PAYMIENTS We process most payment checks electronically. We use the information on your check to create an electronic funds transfer. Each time you send a cheek. you authorize a one-time electronic funds transfer. You a authorize us to process your check as a check or paper draft, as necessary. unds may be withdrawn from your account as ram, as the same day we receive your payment. You will not receive your cancelled check because we are required to destroy it. We wilt retain an electronic scheck ropy Roe' more information or ttranat the conversion of yours into electronic funds number your mores state the. YYoou may aim wriitteoto ups ate:. P.0 Box 15019, ibnington, DE 19850-5019. TOTAL MINIMUM PAYMENT DUE You may pay your total outstanding balance at any time. continued) Each billing cycle, you must pay at least the Total Minimum Payment Due 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 Late 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 billinj cycle we will recalculate the Total Minimum Pay men Due for the billing cycle in which the payment was originally credited. WHEN YOUR PAYMENT WILL BE CREDITED TO YOUR ACCOUNT We credit payments as of the date received, if the payment is. (1) received by 5 p.m. Eastern time; (2) received at the address shown in the upper left-hand corner of the front of yyur monthly statement; (3) paid with a check drawn un n S. dollars on a U.S. financial institution or a U.S. dollar money order; and (4) sent in the return envelope with only the top portion of your statement accompanying it. P eats received after 6 m. Eastern time on any day in'T ding the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. Credit for any other payments may be delayed up to five days. HOW WE ALLOCATE YOUR PAYMENTS We will allocate your payments in the manner we determine. In most instances, we will allocate 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 exieting-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 ZI of the cards, access checks and other credit devices outstanding under the account )lave been returned to us and you repay us the total outstanding balance owed to us at any -time under the terms of tlua 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 outstared balance exceeds your credit limit; or 03) you fail to abide by any other term of this Agreement. uur 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 I1IIMEDIATE REPAYMEN''T If you are in default, then in addition to our other remedies under this Agreement we can require immediate pa eat of your total outstanding balance and, unless rohi?i by applicable law and except as otherwise provided under the Arbitration and Litigation section of this Agreement, we can also feguire yro i to pay the costs we incur in any collection proce n?aSg, as well 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 "paid in f1dr or with any other restrictive words, shall operate as an accord and satiefaction 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 uneredited to the person that presented it, without in either case waiting fbr the date shown on the check. We are not liable to you for 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 paymenor make a reduced payment, finance charges appficable 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 charges. You must make the reduced payment on time to avoid a late fee. You must resume making your regular Total Minimum Payment Due each month following a payment holiday or reduced payment offer. IF YOU ATTEMPT TO EXCEED x V if ee c;mB urr Lardrl The total outstanding balance on your account plus authorizations at ay sins must not be more than your credit limit. If you attempt a transaction which results in your total outstandin"alance (plus authorizations) exceeding your credit t, we may (1) permit the transaction without raising your credit limit; (2) permit the transaction and treat the amount of the transaction that is more than the credit limit as immediately due; or (3) refuse to permit the transaction. If we refuse to permit the transaction, we may advise the person who attempted the, transaction that it has been refused. If we refuse to permit a Check Cash Advance or Balance Transfer we may do so by advising the person resent?'ng the Check Cash Advance or Balance Transfer hat credit has been refused that there are insufficient funds to pay the Check Cash kc ;sane or Balance Transfer, or in anv 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 trigger a promotion turn-off event, we may also charge an Overlunit Fee as provided in this Agreemefit. WE MAY AMEND THIS AGREEMENT We may amend this Agreement at any time. We may amend it by adding, deleting, or changing provisions of this ement. We may increase or decrease any or all of your R& We may increase any or all of your APRs to rates which exceed the Default Rate. When we amend this Agreement we will comply with the applicable notice requirements of federal and Delaware law that are in effect at that time. The amended Agreement (including any higher rate or other higher charges or fees) will apply, to the total outstanding balance, includinngg the balance e ' ting before the amendment became effective. If an amendment given I ou the opportunity to reject the change, and if you reject he change in the manner provided in such amendment, we may terminate your right to receive credit and may ask you to return all credit devices as a condition of your rejection. We may replace your card with another card at any time. WE MAY SUSPEND OR CLOSE YOUR ACCOUNT We may suspend or close your account or otherwise terminate your right to use your account. We may do this at any time and for any reason. Your oblations under this Agreement continue even after we have d"ane 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 b telephone, and destroying all cards, access checks or other credit devices on the account. Your obligations under this Agreement continue even after you have done this. TRANSACTIONS AFTER YOUR ACCOUNT IS CLOSET? 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 ACCOUN r We are not liable for any refusal to honor your account. This can include a refusal to honor your card or account number or any check written on your account. We are not liable for any retention of your card by us, any other financial institution, or any provider of goods or services. HOW YOU MAY STOP PAYMENT ON AN ACCESS CHECK You may request a stop payment on an access check b providing us with the access check number, dollar amour and payee exactly as they appear on the access check. Oral and written stop pa ent requests on an access check are effective for six months from the day that we place the stop payment. YOU MAY NOT POSTDATE AN ACCESS CHECK You ma not issue a postdated access check on your account. If you do postdate an access check, we may elect to honor it upon presentment or return it unpaid to the person that presented it to us for payment, without in either case 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 differ from the rate in effect on the transaction date or posting date. BENEFITS We may offer you certain benefits and services with your account. An benefits or services are not a part of this Agreement, but are subject to the terms and restrictions outlined in the benefits brochure and other official documents provided to you from time to time by or on behalf of Bank of America. While any benefits or services described in the previous sentence are not a part of this Agreement, any claim or dispute related to any such benefit or service shall be subject to the Arbitration and Li n section of this Agreement. We may adjust, add, or elete 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 tranafer your account, an sums due on your account, this A ement, or our ri ghts or obligations under your accoun or this Agreement to any person nar entity. The person or or transfer hall be enti? ay all of uurr nests an or "ne obligations under this Agreement, to the extent sold, assigned or transferred. YOU MUST NOTIFY US WHEN YOU CHANGE YOUR ADDRESS We strive to keep accurate records for your benefit and ours. The post office and others may notify us of a change to your address. When you change your address, you must notify us promptly of your new address. WHAT LAW APPLIES This Agreement is made in Delaware and we extend credit to you from Delaware. This Agreement is governed by the laws of the State of Delaware (without regard to its conflict 'v of laws principles) and by any applicable federal laws. THE PROVISIONS OF THIS AGREEMENT ARE SEVERABLE If any provision of this Agreement 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 LS00.789.6t01. ARBITRATION AND LITIGATION This Arbitration and Litigation provision aeplies to you unless you were given he opportunity o reject the Arbitration and Litigation provisions 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 aga?net us regardmg this account or this Agreement shall to brought in a court located in the State of Delaware. Any claim or dispute ("Claim") by either you or us against the other, or agamat the employees, agents or assigns 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 contract, tort, or otherwise and whether for money damages, tiopenalties or declaratory or equitable relief), Tdin upoarbiationng he applion or the validity ofthe entire dement or any rior Agreement, exceeppt? for any Chun chslTeng?' the vahdiFty of the Class Aetion Waiver, 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 may 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. The arbitration shall be conducted by the National Arbitration Forum C`NAF"), under the Code of Procedure in 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-forum com, or P.O. Box 50191, Minneapolis, Minnesota 55405, telephone 1-500-474-2371. If the NAF is unable or unwilling to act as arbitrator, we may substitute organization znaz uses a amuar cone or pMadura. 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. The arbitrator will decide who will be ultimately responsible for aying those fees. If you file a claim against va, in no even will you be admnnistr ?e or hearing ffeeesf in any mo nlt greater t?hs& 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 billing address at the time the Claim is filed. This arbitratioonn ?rsttatetcosmmererce and shhaall be oveerrned by the Federal Arbitration Act, 9 U.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 privilege reco?uzed by law.. If any party requests, the arbitrator she II write an opinion containing the reasons for the award. No Claim submitted to arbitration is heard by, a 'ury or may be brought as a class action or as a pri i 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 ssppeecct to such proceeding, subject to the right to appeal thereliautatian 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. For the purposes of this Arbitration and Litigation Section, "we" and "us" means FIA Card Services, N, its parent, subsidiaries affiliates, licensees, predecessors successors, assigns, ana any purchaser of your account, WA all of their officers directors employees, agen„s and assigns or any and all of i6m. Additionally, we" or us shall mean any third party roviding benefits services, or products in connection with he account (including but not limited to credit bureaus merchants that accept an credit device issued under the account, rewards or enrollment services, credit insurance companies, debt collectors and all of their officers directors, employees and agents) if, and only if, such a third party is named by you as a co-def=endant in any Claim you assert against us. automatically from your savings or checking account with us, you can stop the payment on any amount you think is wrong. To stop the paTon ent your letter must reach us three business days before automatic payment is scheduled to occur. Your Ri hts and Our Responsibilities After We Receive Your Written Noticet 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 delinquent. We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any_fmance charges related to any questioned amount. Ilff we did not make a mistake, you may have to pa finance charges, and you will have to make up any misse 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 report you as delinquent. However, if our explanation does not satisfy you and you write to us within twenty-five (25) days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill, and?we must tell you the name of anyone we 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 $50 of the questioned amount, even if your bill was correct. Special Rule for Credit Card Purchases: If you have a problem with the quality of the roperty or services that you purchased with a credit car$ and ou have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on t% roperty or services. There are two hmitations on this ri (1) You must have made the purchase in IN miles 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. If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a sseepparate sheet (or use a cop of the form provided on your biIl) at Bank of America corporation, F.O. Box 15026, Wilmington, DE 19850. Write to us as soon as possible. Do not send the notice on or with your payment. We must hear from you no later than 60 days after we sent you the first bill on which the transaction or error appeared. You can telephone us, but doing so will not reserve your rights. In your letter, give us the foll owing information: (1) your name and account number; (2 the doAar amount of the suspected error (3) the posting date of the transaction in question; and (4) a description of the error and an explanation, if you can, o 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 JEREMY B LATHROP owes the balance of $9,140.94 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 unswom falsification to authorities. By: Dated: SEP 12 2011 PETER HUBER Authorized Representative FILED-OFFICE Law Firm of Allan C. Smith, P.C. F THE PROTHONOTARY Attorney I.D. 204756 Bucks County Office Cente ?? DEC Z? PM ?' 1276 Veterans Highway, Su to E-1 Bristol, PA 19007 CUMBERLAND COUNTY 1-888-275-6399H (215) 428*66 PENNSYLVANIA CACH, LLC j COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff(s), ) NO: 2011-08163 vs. ) JEREMY B LATHROP ) PRAECIPE TO ENTER Defendant(s). ) JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Please enter a Default Judgment in favor of plaintiff, CACH, LLC, and against the defendant(s), JEREMY B LATHROP, for failure to answer or otherwise respond to the Complaint in Civil Action. The Complaint was served upon the defendant(s) on November 01, 2011. A copy of the proof of service is attached hereto as, Exhibit "A". A copy of the Notice of Intention to take Default mailed to defendant(s) JEREMY B LATHROP by regular United States mail, postage paid, on November 26, 2011, is attached hereto as Exhibit "B". Assess damages in the amount of $ 12,632.65 as follows: [a] $ 9140.94 principal being sought in the Complaint; [b] and $14'1.52 interest being sought in the Complaint; [c] and reasonable attorney's fees of $1828.19, or $ 150.00 pet hour, [d] and Court Costs of $92.00, [e] and Costs of Service of $100.00. Date: December 19, 2011,1 B. 4?n Sm' , Esq. Attorney I.D. No. 204756 6t Mf SI V b6 f d a sa s17 ?t?- a1,7 qob? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?orcrttr oftrinbrr?arr? C OFFICE OF THE SFERIFF Cach, LLC Case Number vs. 2011-8163 Jeremy B. Lathrop RIFF'S RETURN OF SERVICE 11/01/2011 08:36 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn accordtates that on November 1, 2011 at 203q hours, he served a true copy of the within Comotice, upon the within named defendant, to wit: Jeremy B. Lathrop, by making known usonally, at 126 Herman Avenue; Lemoyn?, Cumberland County, Pennsylvania 17043 d at the same time handing to him personally,the said true and correct copy of the same. SHERIFF COST: $44.00 November 02, 2011 SO ANSWERS, RONl`TY R ANDERSON, SHERIFF (ci CrnmtySuite Shenff. Teleoso't in--. Law Firm of Allan C. Smith, P.C. Attorney I.D. 204756 Bucks County Office Center 1276 Veterans Highway, S4ite E-1 Bristol, PA 19007 1-888-275-6399// (215) 42-0666 Attorney for Plaintiff CACH, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, ) NO: 2011-08163 vs. ) JEREMY B LATHROP ) Ibefendant(s). ) I CERTIFICATE OF SERVICE OF NOTICE OF INTENT TO FILE ORAECIPE TO ENTER JUDGMENT BY DEFAULT I, ALLAN C. SMITH, ESQ., of full age, certify that I mailed a copy of the annexed NOTICE OF INTENT TO FILE PRAEOPE TO ENTER JUDGMENT BY DEFAULT upon defendant JEREMY B LATHROP by United States mail, postage prepaid, on November 26, 2011 at his/her last address of: 126 HERMAN AVE LEMOYNE, PA 17043 Date: December 19, 20111 By: Allan . Smi , Esq. Attorney I.D. No. 204756 Law Firm of Allan C. Smith, P.C. Attorney I.D. No. 204756 j 1276 Veterans Hwy-Suite- I Bristol, PA 19007 1-888-275-6399//(215)428-0666 Attorney for the Plaintiff CACH, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, ) VS. ) No.: 2011-08163 JEREMY B LATHROP ) NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO: JEREMY B. LATHROP 126 BERMAN AVE LEMOYNE, PA 17043 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES TO HE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD AKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CAN NOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service PE NSYLVANIA LAWYER REFERAL SERVICE 4TH F OOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 Dated: November 26, 20 1 Law Firm of Allan C. Smith, P.C. Attorney I.D. 204756 Bucks County Office Center 1276 Veterans Highway, ite E-1 Bristol, PA 19007 1-888-275-6399 H (215) 42i -0666 Attorney for Plaintiff l CACH, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, ) NO: 2011-08163 vs. ) JEREMY B LATHROP ) Defendant(s). ) CERTIFICATION OF NON-MILITARY SERVICE I, ALLAN C. SMITH, ES9. of full age, certifies as follows: 1. I am the plaintiff's attorney herein, and have sufficient knowledge of the facts and am fully authorized to make this Certification; 2. My information is that the defendant is JEREMY B LATHROP. 3. Our latesil information is that the defendant is employed at unknown. 4. To the best of my information and belief, the Defendant is not a member of the military services of the United States of its allies or otherwise within the provisions of the Soldiers' land Sailors' Relief Act of 1940, as amended, and as stated in the attached Department of Defense Manpower Data Center reports. 5. This cert ication is taken subject to the penalties of 18 PaCSA 4904 relating to unsworn falsificat' n to authorities. Date: December 19, 201 All C. Smith, Esq. Attorney I.D. No. 204756 lKequest for Military Status Department of Defense Manpower Data Center 4D Military Status R port Pursuant to the S?rvice Members Civil Relief Act Page 1 of 2 Dec-12-2011 10:48:22 "K Last Name First/Middle egin Date Active Duty Status LA Active Duty End Date Service Agency LATHROP JEREMY d B sed on the information you have furnished, the DMDC does not possess a? y information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (A>}my, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). Amtt A Jow4? ?44? Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400'' Arlington, VA 22209-2593 The Defense Manpower Data enter (DMDC) is an organization of the Department of Defense that maintains the Defense Enroll ent and Eligibility Reporting System (DEERS) database which is the official source of data on eligi ility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRAA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, o? any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further v rification of the person's status by contacting that person's Service via the "defenselink.mil" URL htt :// ww.d.efenselink.mil/fa / is/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional infor?_ation about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit, your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days For historical information, please contact the Service SCRA points-of- contact. III https://www.dmdc.osd.miUappj/scra/popreport.do 12/12/2011 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) 42-0666 Attorney for Plaintiff CACH, LLC ) COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, ) NO: 2011-08163 vs. ) JEREMY B LATHROP ) Defendant(s). ) To: JEREMY B LATHROP 126 HE AN AVE LEMOY , PA 17043 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: 12)a-7 r. By: Clerk X Judgment by Default - Money Judgment - Judgment in Replevin - Judgment for Possession - Judgment on Award of Arbitration - Judgment on Verdict - Judgment on Court Verdict If you have any questions concerning the above, please contact: ATTORNEY: HARRISI bN ROSS BYCK, Esquire at 215-428-0666 or 1-888-275-6399 }., i , s. }, l Y ? I t? .-?yUa' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-8163 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CACH, LLC Plaintiff (s) From JEREMY B. LATHROP, 126 HERMAN AVENUE, LEMOYNE, PA 17043 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY OF THE DEFENDANT LOCATED AT 126 HERMAN AVENUE, LEMOYNE, PA 17043. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $12, 632.65 Interest L.L. $.50 Atty's Comm % Arty Paid $181.00 Plaintiff Paid Date: 4/20,112 (Seal) REQUESTING PARTY: Name ALLAN C. SMITH, ESQUIRE Due Prothy $2.25 Other Costs David D. Buell, Prothonotary Deputy Address: 1276 VETERANS HIGHWAY, SUITE E-1 BRISTOL, PA 19007 Attorney f'or: PLAINTIFF Telephone: 888-275-6399 Supreme Court ID No. PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 CACH, LLC 4340 S. Monaco Street, 2nd Floor Denver, Colorado 80237 Plaintiff(s), vs. JEREMY B LATHROP 126 HERMAN AVE LEMOYNE, PA 17043 : Defendant(s), $ 12,632.65 TO THE PROTHONOTARY: ISSUE and INDEX WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania, (2) against JEREMY B LATHROP Defendant(s); (3) and against Garnishee(s); as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe property to be levied upon by Sheriff) (4) Amount Due Interest from TOTAL April 10, 2012 .5 ?q.ao r q a 60« <, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No.: 2011-08163 Ln T- 7 < > C-) C) ??. r. " Plus costs. an C. Smi , Es . Attorney f r Plaintiff(s) ?, SflC? 0-?L,*'7gbS9 I v[T Ar, PV ??n, SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Anderson If .. a??,?tir ai 4"cr,n6erl a. r t HE ORO ' a ... . ,fy S Smith HOG T` hief Deputy 2012 MAY 10 AN $: 59 Richard W Stewart CUMBERLAND COUNT 4 Solicitor` PENNSYLVANIA Cach, LLC Case Number . Jerevsmy B. Lathrop 2011-8163 SHERIFF'S RETURN OF SERVICE 04/30/2012 07:53 PM - Shawn Gutshall, Deputy, being duly sworn according to law, states that on April 30, 2012 at 7:53 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Jeremy B. Lathrop at 126 Herman Avenue, Lemoyne Borough,, Lemoyne, PA 17043, informed Defendant of contents of same and levied upon personal property as directed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on 05-01-12. 05/09/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as STAYED. Defendant entered into bankruptcy. SHERIFF COST: $79.20 SO ANSWERS, May 09, 2012 RON R ANDERSON, SHERIFF SZ' L Z' c County-Ae S:.enft. Teleosoft Inc