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HomeMy WebLinkAbout12-0479IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA r; C= c =M CACH. LLC -<> o C > C::? n VS. NO: oR1 a, - LO? ervj*) ? cn ? PATRICK T LEONARD NOTICE TO DEFEND You have been sued in Court. If you wish to defendant against the claims set fourth in the following pages, you must take action within (20) days after the Complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court, your defenses or objections to the claims set fourth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice of any money claims or any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 (_`-/ antis ?Io3,7S??d r??? SSOI (2 4-,), 9'7 Law Firm of Allan C. Smith, P.C 1276 Veterans Highway Suite E-I Bristol, PA 19007 1-888-275-6399/(215) 428-0666 Attorney for Plaintiff CACH, LLC ) COURT OF COMMON PLEAS 4340 SOUTH MONACO STREET 2ND FLOOR ) CUMBERLAND COUNTY DENVER, CO 80237 ) Plaintiff, ) VS. ) No.: PATRICK T LEONARD ) 120 LINN DR ) CARLISLE, PA 17013 ) COMPLAINT To: PATRICK T LEONARD 120 LINN DR CARLISLE, PA 17013 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served. By entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and the court without further notice may enter a judgment against you for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 AVISO Le han demandado a usted en is torte. Si usted quiere defenderse de estas demandas expuestas en las pagins siguientes. Usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notification. Hace falta asentar una comparencia excrita o en persons o con abogado y entregar o sus objections 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 torte puede decidie a favor del demandante y requiere que usted compla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedas o otros derechos imporrantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICE DE REFERENCIA LEGAL PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 Plaintiff, CACH, LLC, by its attorney Allan C. Smith, Esq., by way of complaint against Defendant PATRICK T LEONARD, 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, PATRICK T LEONARD, is an individual residing at 120 LINN DR, CARLISLE, PA 17013. 3. Plaintiff's cause of action is based upon a writing. <Exhibit C> 4. Defendant, PATRICK T LEONARD, was indebted to FLEET BANK (RI), N.A. for a breach of the written contract by and between them in the amount of $7,007.40 which balance was due and unpaid as of May 31, 2010, for credit card account number 4888930335862550. <Exhibit A> 5. Upon charge-off, the above account number was changed to 4888932997166254. 6. On or about June 21, 2010, FIA CARD SERVICES, N.A. sold the debt for good and valuable consideration to plaintiff, CACH, LLC <Exhibit B> 7. The Defendant, Patrick T Leonard, last tendered a payment on November 6, 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 $5.22% per day from the default date ( 27.240% annual percentage rate x $7,007.40 / 365 days) or $5.22% x 569 days = $2,975.66; which is accrued interest through the date of filing. <Exhibit A> Plus an award of late fees 0.00, court costs $203.75 and reasonable attorneys fees as stated in the Cardholder Agreement attached hereto as <Exhibit C>. 11. The defendant, being indebted to the plaintiff upon the account by and between them did promise to pay said sums upon demand. Demand has been made for payment and the defendant has failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendant for $11,588.29 which includes interest, court costs, and a prayer to the court for reasonable attorney's fees in the amount of $ 1401.48 should this matter be contested or go to default judgment. Date: January 11, 2012 llan C mith, sq. EXHIBIT A Bankof America 44011. PATRICK T LEONARD Account Number: 4888 9303 3586 2550 April 22 - May 21, 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 (1.8003463178 TTY) Transaction Posting Date Date 05/18 05/18 05/21 05/21 05/21 05/21 New Balance Total .....................................................................$7,007.40 Current Payment Due .....................................................................$261.00 Past Due Amount .......................................................................$1,657.00 Total Minimum Payment Due .......................................................$1,918.00 Payment Due Date ........................................................................6/18/10 Previous Balance ........................$6,814.06 Payments and Other Credits ....................0.00 Purchases and Adjustments ....................0.00 Fees Charged .................................................39.00 Interest Charged ..........................................154.34 New Balance Total ........................$7,007.40 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 ....................................$6,000.00 Minimum Payment Warning: if you make only the minimum payment each Statement Closing Date ...................5/21/10 period, you will pay more in interest and it will take you longer to pay off your Days in Billing Cycle ..................................30 balance. For example: Description Fees LATE FEE FOR PAYMENT DUE 05/18 TOTAL FEES FOR THIS PERIOD Interest Charged Interest Charged on Balance Transfers Interest Charged on Cash Advances continued on next page... 18 0070074000191800000230000004888930335862550 98.80 0.00 BANK OF AMERICA Account Number: 4888 9303 3586 2550 P.O. BOX 15019 WILMINGTON, DE 19886-5019 New Balance Total .........................................................$7,007.40 Minimum Payment Due .....................................................1,918.00 Payment Due Date ...................................................06/18/10 PATRICK T LEONARD Enter payment amount $ 120 LINN DR CARLISLE PA 17013-4246 Reference Account Number Number Amount Tote/ 6814 39.00 $39.00 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 2 501: L28 70 3 3 S86 2 5 5011' If you would like information about credit counseling services, call 1-866-300.5238. IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE311 Rev. 02/10 CUSTOMER STATEMENT OF DISPUTED ITEM - Please call tot!-free 1.866.266.0212 MondayTltursday 8 a.m.-9 p.m., Friday 8 a.m.-7 p.m. and Saturday 8 a.m.-6 p.tn. Eastern For prompt service, please have the merchant reference number(s) available for the charge(s) in question. PLEASE DO NOT ALTER WORDING ONTHIS FORM AND DO NOT MAIL YOUR LETTER OR FORM WITH YOUR PAYMENT. Choose only one dispute reason. Your Name: Account Number. Transaction Date: Posting Date: Reference Number: Amount $: Disputed Amount $: Merchant Name: C? I. The amount of the charge was increased from $ _ to $__ or my sales slip was added incorrectly. Enclosed is a copy of the sales slip that shows the correct amount. 0 2.1 certify that the charge listed above was not made by me or a person authorized by me to use my card, nor were the goods or services represented by the transaction received by me or a person authorized by nap. .3 1 have not received the merchandise that was to be shipped tome on (MM/DD/YY). I have asked the merchant to credit my account- 4.1 was issued a credit slip that was not shown on my statement. A copy of my credit slip is enclosed. The merchant has up to 30 days to credit your account. CI 5. Merchandise that was shipped to me has arrived damaged and/or defective. I returned it on !__/_ (MM/DD/YY)and asked the merchant to credit my account. Attach a letter describing how the merchandise was damaged and/or defective and a copy of the proof of return. 6. Although I did engage in the above transaction, I have contacted the merchant, returned the merchandise on / / (MM/DD/YY) and requested a credit. I either did not receive this creditor it was unsatisfactory. Attach a letter explaining why you are disputing this charge with a copy of the proof of return. Ifyou are unable to return the merchandise, please explain. Q 7. I certify that the charge in question was it single transaction, but was posted twice to my statement. I did not authorize the second transaction. Sale #1$ Reference# Sale #2 $ _ _ . Reference# 0 g. 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 ofyourtelephone bill showing date. andtime ofcancellation. 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. 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. 11. Ifyour dispute is for a different reason, please contact us at the above, telephone number. Signatu [e [required): Date: Bostcentacttelephone#: Home #: .__.-- Billing rights are onlypreserved by written inquiry. To preserve your billing rights, please return a copy of this form and any supporting information regarding the merchant charge in question to: Attn: Billing Inquiries, P.O. Box 15026, Wilmington, DE 19850-5026, USA. PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMENT. BRACE PERIOD "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. If you pay in full this statement's New Balance Total by its Payment Due Date and if you paid in full this statement's Previous Balance in this statement's billing cycle, then you will have a Grace Period during the billing cycle that began the day after this statement's Closing Date on the Purchase portions of this statement's New Balance Total. 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 aU 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 by the previous day's daily balance, add new Balance Transfers, new Cash Advances and Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. To calculate a daily balance for each day prior to this statement's billing cycle that had a Pre-Cycle balance, we take the beginning balance attributable solely to Pre-Cycle balances (which will be zero on the transaction date of the first Pre-Cycle balance), add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, and add only the applicable Pre-Cycle balances, and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles. Average Daily Balance Method (including new Purchases): We calculate separate Balances Subject to an Interest Rate for Purchases and for each Promotional Offer balance consisting of Purchases. We do this by: (1) calculating a daily balance for each day in the billing cycle; (2) adding all the daily balances together; PAYMENTS We. credit mailed payments as of the date received, if the payment is: (1) received by 5 p.m. local time at the address shown on the remittance slip on the front of your monthly statement; (2) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (3) sent in the return envelope with only the remittance portion ofyour statement accompanying it. Payments received by mail after 5 p.m. local time at the remittance address on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. Payments made online or by phone will be credited as of the date of receipt if made by 5 p.m. Central time. Credit for any other payments may he 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, callus at the number listed on the front. If you have authorized us to pay your credit card hill 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 inthe 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 Purchases, new Account Fees, and new Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero, If the Previous Balance shown on this statement was paid in full in this statement's billing cycle, then on the day after that payment in full date, we exclude from the beginning balance new Purchases, new Account Fees and new Transaction Fees which posted on or before that payment in full date, and we do not add new Purchases, new Account Fees, or new Transaction Fees which post after that payment in full date, We include the fees for credit card debt cancellation or credit insurance purchased through us in calculating the beginning balance for the first day of the billing cycle after the billing cycle in which such fees are billed. TOTAL INTEREST CHARGE COMPUTATION Interest Charges accrue and are compounded on a daily basis, To determine the Interest Charges we multiply each Balance Subject to Interest Rate by its applicable Daily Periodic Rate and that result by the number of days in the billing cycle. To determine the total Interest Charge for the billing cycle, we add the Periodic Rate Interest Charges together. A Daily Periodic Rate is calculated by dividing an Annual Percentage Rate by 365. HOW WE ALLOCATE YOUR PAYMENTS If your account has balances with different, APRs, we will allocate the amount of your payment equal to the Total Minimum Payment Due to the lowest APR balances first (including transactions made after this statement). Payment amounts in excess of your Total Minimum Payment Due will be applied to balances with higher APRs before balances with lower APRs. IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE When using the optional Pay-by-Phone service,you authorize us to initiate an electronic payment from your account at the financial institution you designate. 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, callus before the scheduled payment date. Same-day payments cannot he edited or canceled. MISCELLANEOUS For the complete terms and conditions of your account, consult your Credit Card Agreement. FLA Card Services is atradename of FIA Card Services, N.A, This account is issued and administered by FIA Card Services, NA. If your billing address or contact information has changed, or if your address is incorrect as it appears on this bill, please provide all corrections here. Address 1 Address 2 CiR State Zip Area Code & Home Phone Area Code & Work Phone Bankof America 4888 9303 3586 2550 April 22 - May 21, 2010 Page 3 of 4 I Transactions continued rransactlon Posting Reference Account Date Date Description Number Number Amount rota! Interest Charged 05/21 05/21 Interest Charged on Purchases 55.54 TOTAL INTEREST FOR THIS PERIOD $154.34 2010 Totals Yeat-to-Date Total fees charged in 2010 $286.77 Total interest charged in 2010 $732.35 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 27.24%V $4,412.67 $98.80 Cash Advances 27.24%V $ 0.00 $ 0.00 Purchases 27.248V $2,480.85 $55.54 APR Type Definitions: Daily interest Rate Type: V= Variable Rate (rate may vary) I Of Special Interest This account is ineligible for an Interest-Charge rebate for this month. Please refer to the letter that you received detailing the rebate eligibility requirements or call the phone number on your statement for additional information. Thank you. Prepared for PATRICK T LEONARD Account Number. 4888 9303 3586 2550 Summarv of Transactions Previous Balance $5,786.51 Payments and Credits - $230.00 Purchases and Adjustments + $87.68 Periodic Rate Finance Charges + $119.61 Transaction Fee Finance Charges + $0.00 New Balance Total $5,763.80 November 2009 Statement Credit Line: $6,000.00 Cash or CreditAvslable: $236.20 Billing Cycle and Payment Information Days in Billing Cycle 28 Closing Date 11/20/09 Payment Due Date 12/17/09 Current Payment Due $214.00 Past Due Amount + $225.00 Total Minimum Payment Due • •'• BankofAmedca www.bankofamerica.com Call toll-free 1-800-789-6685 TOO 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 i Transact ons Promotional Posting Transaction Reference Account Payments and Credits Offer ID Date Date Number Number Amount BA ELECTRONIC PAYMENT iY/06 2M.00CR Purchases and Adjustments -- LATE FEE FOR PAYMENT DUE 11119 11/19 11/i9 _ 5556 39.00 CREDIT PROTECT PLAN 800.942.1083 11/20 11/20 7000 48.68 Important Information About Your Account THIS ACCOUNT IS INELIGIBLE FOR A FINANCE-CHARGE REBATE FOR THIS MONTH. PLEASE REFER TO THE LETTER THAT YOU RECEIVED DETAILING THE REBATE ELIGIBILITY REQUIREMENTS OR CALL THE PHONE NUMBER ON YOUR STATEMENT FOR ADDITIONAL INFORMATION. THANK YOU. YOU ARE A VALUED CUSTOMER. WE WANT TO MAKE SURE YOU ARE AWARE THAT WE HAVE NOT RECEIVED YOUR PAYMENT. PLEASE SEND THE AMOUNT DUE TODAY. IF IT HAS BEEN MAILED, THANK YOU. PAY YOUR BILL QUICKLY WITH THE PAY BY PHONE SERVICE. CALL 1.866.297.9258 TO USE THE AUTOMATED SERVICE OR DISCUSS OTHER PAYMENT OPTIONS. EXCLUSIVE OFFER FOR BANK OF AMERICA CUSTOMERS. 1096 OFF PURCHASES AT NFLSHOP.COM THROUGH 3.31.2010. ENTER CODE (BAC10OFF) AT CHECKOUT. 18 0057638000043900000230000004888930335862550 Check here for a change of maifing address or phone number(s). 11 BANK OF AMERICA please provide all corrections on the reverse side. IF P.O. BOX 15019 Payment Information WILMINGTON, DE 19886-5019 ACCOUNT NUM0ER: 4888 9303 3586 2550 NEW BALANCE TOTAL: $5,76180 PAYMENT DUE DATE: 12/17/09 Efow AW"IW Amanr EIK bm PATRICK T LEONARD l r 120LINNDR CARLISLE PA 17013-4246 Mail this payment coupon along with a check or money order payable to: BANK OF AMERICA w m o_ A 11:5240222SOII: LM70 3 3 586 2 5SOiin IMPORTANT INFORMATION ABOUT THlB ACCOUNT USE 21 1 Rev. 04/08 CUSTOMER ST/LTEMENT OF DISPUTED ITEM -Please call toll free 1.866.266.0212 Monday-Thursday 8am-9pm (Eastern Time), Friday Sam-7pm (Eastern Time) and Saturday 8am-6pm (Eastern Time). For prompt service please have the merchant reference number(s) available for the charge(s) in question. - - ---- -- - --- - - --- -- --- - ------ - -- ----- -- --- -- - -- - - - -Ch--- y . PLEASE DO NOT ALTER WORDING ON THlS FORM AND DO NOT MAIL YOUR LETTER OR FORM WITH YOUR PAYM-ENT. oose onl • one dispute reason. Your Name: Account Number: _ Transaction Date: Posting Date: Reference Number: Amount $: Disputed Amount Si Merchant Name: _ 1. The amount of the charge was increased from S to S _ or my sales slip was added incorrectly Enclosed is a copy t) AAe s 6?sl p that shows the anent amrwnt [_ ] 2. l ccrtify that the charge listed above was not made by tux or a person authorized by tote to use my card, nor te goods or servuxs represented by the transaction received by me or a person authorised by me. were It, Q 3. I have not received the merchandise that was to be shipped tome on -1-1- (.M.ti1ID61M. I have asked the merchant to credit my account 4. l was issued a credit slip that was not shown on my statement. A copy of my credit slip is er d%od. The merchant has up m.30 days to credit your account. 5. Merchandise that was shipped to me has arrived dated and(or defecive_ I returned it on / (MM/DD/1'1) and asked the merchant to credit my account. Attach a letter describing how dx merchandise was damaged and/or defective and a copy of the proof of rerun. 6. Although I did engage in the above transaction, l have contacted the merchant, retuned the madiandise ten /_ / M,LUDD(YY) and requested a credit. I either did rho receive this credit or it was unsatils acct: Arracl a ?etter explaining why you are d isptting this charge with a copy of the proof of return. If voti are unable to return the merchandise, please explain. 7. t certify that the charge in question was a single transaction, but was posed twice to my statement. I did not authorize the seared transaction. Sale #1 S Reference # Sale #2 $ Reference # 0 g. I notified the metehant on V (_ /? (MMIDDIYY) to cancel the pmauthorized order (reservation). Please note cancellation # and if available, enclose a copy of your contract and a copy of yowr telephone bin showingdate and time d f cancellation. Reason for cancellation I cancellation #: OFACE PERIOD Grace Period" means the period of time during a billingg cycle when you will not aecrute Periodic Rate Finance Charges on certain transactions or balances. There is no Grace Period for Balance Transfers and Cash Advances. "yyo??u pay in full this statement's New Balance Total by its Payment Due Date and if you paid in firll this statement s Previous Balance in this statement's billing cycle, then you will have a Grace Period doting the billing cycle that began the day after this statement's Closing Date on the Purchase po=tions of this statertxnt's New Balance Total During a 0% Promotional Rate Offer. l) no Periodic Rate Finance Charges accrue on balances with the 0% 1'rcxnoticxul Rare; and 2) you must pay the Total Minimum Pa t Due by its Payment Due Date (and avoid any other "pmmdwon turnoff event" as defined in your Credit Card Agreement) to maintain the 0% Pnmotional Rare. * * If a corresponding Annual Peraattage Rate in the Finance (tats Schedule on the front of this statement contains symbol, titer[ with respect to chose balances: l) the 0% Promotional Rate will expire at the end of the next billing cycle, and 2) you must fray this statement's New Balance Tcxal by its Paytnent Dare Date to avoid Periodic Rare Finance Charges after the end of the 0% Promotional Rate Offer on those balances existing as of the Closing Dare of this statement CALCULATION OF BALANCES 410 MCT TO 11111111 WE CHARGE Average Balance Method (including new- Balance Transfers and new Cash Advances): We calculate separate Balances Subject to Finance Charge for Balance Transfers, Cash Advances, and for each Promotional Offer balance consisting of Balance Transfers or Cash Advances. 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 date within this statement's billing cycle; (3) adding all the daily balances tooge?tht,er, and 4) dividing the sum of the daily balances by the number of days in this statement's bilhr cycle. To calculate tine daily balance for each day in this statement's billing cycle, we take the beginning halanc e, add an amount equal to the applicable Daily Ptaiedic Rate multiplied by the previous day's daily balance, add new Balance Transfers new Cash Advances and and Transaction Fees and subtract applcable payments and credits. If any daily balance is less than zero we treat it as zero. To cakulate a daily balance for each day prior to this statements 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 fast Pre-Cycle balance), add an amowu equal to the applicable Daily Periodic Rate multipled 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 its previous billing cyder 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 sun of the daily balances by the number of days in the billing cycle. Q 9. Although I did atg.* in the above transaction, I have contacted the merchant for credit. The services to be provided on _ / ! (,'VIM(DD.R'Y) were riot received or were unsatisfactory. Arcadia Letter describing the services expected, your attarhptsm resolve with the merchant and a copy of your contract (_] 10.1 certify that I do riot recognize the transaction. Merchants often provide telephone numbers next to their name on your billing statement. Please attempt to contact the merchant for information. C] I L If you dispute is for a different reason, please convict us at the above telephone number Signature (required): Date: Best contact telephone #, Home: 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, CO. Box 15026, Wilmington, DE 1985¢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 bilfing 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 mevv Transaction Fees, and subtract applicable payments and credits. if any daily balance is less than zero we treat it as rem. )f the Previous Balance shown on this statement was paid in full in this statement's killing cycle then on the day after that paytnent in full date vve exchade from the beginning balance new Purchases, new Account Fees, and stew Transaction Fees which posted on an before that payrrhrnt in full date, and we do not add drew 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 beginnin balance for the first day of the billing cycle after the billing cycle in which such assts are b>?. TOTAL PBiODIC RATE FNANCE CHARGE COMPUTATION Periodic Rate Finance: Charges accrue and are compounded on a daily basis. To determine the Periodic Rate Finance (:barges, 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 Rate Finance Charge for the billing le, we add the Periodic Rate Finance Charges together. Each Daily periodic Rate is cakulalTyy dividing its corresponding Annual Percentage Rate by 365. HORN WE ALLOCATS YOUR PAVMEC B We will allocate your payments in the manner we determine. In most instances, we will allocateyourpayments ao 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. Paym wd Due Dates end Keepirtp Year Aooount In Good Shmd ft Your Payment Due Date vAll not fall on the same day each month. In otter to help maintain any promotional rates, to avoid the imposition of Default Rates (if applicable), to avoid late fees, and to avoid civerhmit 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. limportant Infotrmadon about Payments by Phone When using the optional Pay-by-Phone service, you authorize us to initiate an electronic payment from your account at t(ae financial institution you designate. You must authorize the amount and timing of each pa nt. 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. N--- -ELLANMOUS 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. PAIfN EHTS We credit payments as of the date received, if the payment is 1) received by 5 p.m. (Eastern Tame), 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 accompanying= 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 he delayed up to five days. No payment shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers. We process most payment checks electronically by using the information found on your check. Each check authorizes us to create a one-time electronic funds transfer (or process it as a check or paper draft). Funds may be withdrawn from your account as soon as the same day we receive your payment. Checks are not returned to you. For more information or to stop the electronic funds transfers, call us at the number listed on the front. If you have authorized us to pay your credit card bill automatically from your savings or checking account with us, you can stop the payment on any amount you think is wrong. To stop the payment your letter mutt 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 Prepared for PATRICK T LEONARD Account Number. 4886 9303 3586 2550 Bankofftndca November 2009 Statement 444* Credit Line: $6,000.00 Cash or Credit Available: $236.20 l Charge Finance Schedu e Promotionai ComssioondingAnnual APR Balance Subject to Category Transaction Types Daiiy Periodic Rate Percentage Rate Type Finance Charge Balance Transfers 0.074630% V 27.24% S $3,961.52 Cash Advances 0.074630% V 27.24% S $0.00 Purchases 0.074630% V 27.24% S $1,762.59 Annual Percentage Rate for this Billing Period: 27.24% (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges that results in an APR which exceeds 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) v w m W 0 A . + EXHIBIT B CERTIFICATE OF PURCHASE 1, _ EDNA D CR 7 , hereby depose and state that: 1. I 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: PATRICK T LEONARD Original Creditor: FLEET BANK (RI), N.A. Account Number: 4888930335862550 3. On or about June 21, 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. n ? ?"? ? x111 Date: Sworn and subscribed to before DEC 12 2011 me this _ day of 2011. ytiEW SKq ?? O . Notary Public * O o 10 N • STAt? y?o ;,•y VC??eA AFFIDAVIT OF SALE AND CERTIFICATION OF DEBT STATE OF NORTH CAROLINA CITY OF GREENSBORO FIA Card Services, N.A. Accountholder: LEONARD, PATRICK T Account No(s), 4888932997166254, 4888930335862550,4305500158018864 The undersigned, Melinda K. Stephenson, 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 convect 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 4888932997166254, formerly account number 4888930335862550, originally known as 4305500158018864, was opened on 07/26/04 by PATRICK T LEONARD. b. Pursuant to the terms of the card member agreement with FIA Card Services, N.A, there was due and payable $7007.40 as of the charge off date of 05/31/10. C. Said agreement and account was, on 6/16/2010, 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 $7007.40, 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. Subscribed and sworn to before me this ALICIA &WtWLSVN Notary ublio Guilford County, NC My Commission Expires Oct. 20, 2014 DATED THIS day of AUG 18 2011 , 2011 FIA Card Services, N.A. By: Bgfik Officer O day of AUG 1 8 2011 2011 1862 pt 2_ CACH, LLC 7/26/2011 Fregfn -AQndUPF% Ba kofAnwicaip'. EX=rr C BILL OF $AU = AM GNhM9 OF LOAN Tlu undersigned Assignor ("Aa on and as of the dam hereof hereby absolutely sells, transfers, assigm, sets-over, quitclaims and convoys to CACK LLC, a Limited Liability Company oisaniaed under the laws of Colorado C hadgme) WW MA recourse and witlwut t?ept?eslentatilons or warranties ofany type, king character or na mr, express or implied, subject to Buyer's repurchase rights as set forth in Sections 8.1 and 8.2, all of Assignors right, title and intereat in and to each of the lo®ms identified in the loon schedule ( d °) attached hereto (the "LMe), topdxr with the rig;t to all peincipal, interm or other proceeds of any kind with respect to the Locos rc m9ning due and owing as of the Cut Off Date applicable to such Loans as set Earth in the Loan Sate Agwment pum urt to which the Loans are being sold (including but not limited to proceeds derived from the conversion, vohmtary or involuntary, of any of the Loans into cash or other liquidated property). DATED: June 18, 2010. ASSIGNOR- FIA CARD SERVICES, N.A. "O? W./lAM40t-u- Name: Debra L Pelticciaro Title; Assistied Vice President FM 3OL4%6" / Bank of Ama*A Asses Baba f/ 11ee?e]d ?, GM Paper AIL Arid Nlwaa. DE 19711 2 1 ' 'Vepw EXHIBIT C FEDERALLY REQUIRED AFFILIATE MARKETING NOTICE YOUR CHOICE TO LIMIT MARKETING • The Bank of America companies listed (see below) are providing this notice. • Federal law gives you the right to limit some but not all marketing from all the Bank of America affiliated companies. Federal law also requires us to give you this notice to tell you about our choice to Limit marketing flour all the Bank of-America affiliated companies. • You may limit all the Bank of America affiliated companies, such as the banking, loan credit card, insurance and securities companies, 9m marketing their products or services to you based upon your personal information that 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 appIX for at least 5 years from when you tell us your choice. Before our choice to limit marketin offers expires, yon will receive a renewal notice the will allow you to continue to limit marketing offers from all the Bank of America affiliated companies for at least another 5 years. • You may tell us your choice to limit marketing offers, and you may tell us the choipes for other customers who are joint account holders with you • This limitation will not apply in certain circumstances, such as when you 4ve 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 marketing offers, contact us at 800.374.2632 Effective October 1, X008 Real Estate HomeFocus Services. LLC Administrative Services LaSalle Healthcare Administrative Services, LLC Merchant Services LaSall Merchant Services, LLC 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 t?ternative Advisors, Inc. Bank of America Capital Advisors LLC Banc of America Investment Advisors, Inc. Banc of America Investment Services, Inc. Banc of America Securities LLC LaSalle Financial Services, Inc. U.S. Trust Hedge Fund Management, Inc. UST Securities Corp. '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, please continue reading. This 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 pereo identifiable information about a consumer or a consumer's current or former customer relationship with Bank of America This policy is provided to you as required by the Federal Financial Privacy Law and applies to our companies identified in Section 7, Bank of America the security of information a priority tancial information secure is one of our most eesspponsibilities. We maintain physical, electronic ;wal safeguards to protect Customer Information. s employees are authorized to access Customer far busine? purposes only. Our employees are a code of eihkcs that requiree codential of Customer Information and are subject to action if they fail to follow this code. •ollect and use various types of information about you your abetter r° service to vow need a'nd m n tour Tess a?n'd risks. Customer Information is categorized in bnowing six ways: lentification Information - information that identifies such as .name, address, telephone number and Social B. -App Cication information - information you provide to us on applications and through other means that will help us determine if you are eligible 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 E. Information from Outside Sources - information from outside sources a loyment, 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 verify your ``information within Bank of America tmerica is made up of a number of companies, financial service providers, such as our brokerage and credit card company, and nonfinancial such as our operations and servicing ?s. 2unerica may share any of the categories of Information among our companies. For example, sharing information allows us to use information about your ATM, credit card and check-card transactions to identify any unusual activity and then contact you to determine 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 thaip prepare and provide reports to others as well as to us. We do not share medical or health information among our companies, except to maintain or collect on accounts, process transactions, service customer requests or perform insurance functions to the extent permitted by law. Managing information with companies that work for We may share any of the categories of Customer Information with companies that work for us, including companies located outside the United States. AA nonaffiliated companies that act on our behalf and receive Customer Information from us are contractually obligated to keep the information we provide to them confidential, and to use the Customer Information we share only to provide the services we ask them to perform. These companies may include financial service providers, such as payment processing. companies, and nonf nancial companies. such as In addition, We may share any of The categories of Customer Information with companies that work for us in order to provide mar g su port and other services, such as a service provider tTiat distributes marketing materials. These companies may help us to market our own products and services or other products and services that we believe may be of interest to y°u. Please note that some of our own companies may provide marketing support and other services for us as well. Sharing: information with third parties (for customers We may share Identification Information, Transaction and Experience Information, as well as Other General Ameriicat1Ocr dit cars ccotainntt() ans. 2)fSponnssore) d Accouuno to at Bank of America, with selected third parties. 1. Credit card account information, whether co-branded or not may be shared with third parties. 2. 9poneored 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 organization include colleges, sporting teams retailers and other affinity organizations, such as charities. Sponsored Accounts ma '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 sponsoring organization on account materials, such as statements and marketing materials. If you are unsure whether any of your accounts are Sponsored Accounts, please contact 1.881341.5000. We may share Information about credit cards and Sponsored Accounts with selected third parties, including: Financial services companies (such as insurance agenclee or companies and mortgage brokers and organizations with whom we have agreements to ?omtl market financial products); Yonfinancial companies (such as retailers travel companies and membership organizations; and Other companies (such as nonprofit organizations). The sharing of information, as described in this section, is limited to credit card and Sponsored Account information. Please aft Section 4, Honoring pour preferences to learn how yqou may choose to opt out of this sharing. Disclosing information in other situations We also may disclose any of the categories of Customer Information to credit bureaus and similar organizations and when required or permitted by law. For example, Customer information before discarding, e.g. bank statements. Information may be disclosed in connection with fraud . Confirm that an Internet site is secure by checking prevention or investigation, risk management and security, that the URL (Web address) begins with "https". w and recording mortgages in public records. Review your credit report at least once every year to 4. Honoring your preferences make sure all information is.up to date. For a free You have choices when it comes to how Bank of America copy of your credit bureau report, contact shares and uses information. www.annualcreditreport.com or call 1.877.322.8228. Sharing. information with third parties (for customers . If y_ou think you have been a victim of identity theft if you have a Bank of America credit card or Sponsored Account, you may request that we not share information about these accounts with third parties. If you request that we not share information with third parties, we may still share information: Where permitted or required by law as discussed in 5ectian 3 under Disclosing information in other providers as discussed in Section 3 information with companies that worx for us; ana With other financial companies with whom we have joint marketing agreements. If you have multiple credit cards or Sponsored Accounts, you will need to express your preference for each account separately. When any customer an a joint account requests that we not share with third parties, that preference is applied to the entire account. Sharing among Bank of America companies You may request that Application Information, Consumer Re ort Information and Information from Outside Sources 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. Direct marketing You may choose not to receive direct market?'ng offers - sent by postal mail, to hone and/or e-mail -from Bank of America These preferences applyy to all marketing offers from us and from companies working for us.. To minimize the amount of telephone solicitation our customers receive Bank of America does not offer nonfinancial products ana services through telephone solicitations. Direct marketing offers from us may include information about products and services we believe may be of interest to you. If you elect not to receive direct marketin offers by postal mail telephone and/or e-mail, please nose that we may continue to contact you as necessary to service your account and for other nonmarketing purp?ees You may also be contacted by your client relationship manager or assigned account representative, if applicable. Bank of America may also continue to provide marketing information in your regular account mailings and statements, including online and ATM communications. Each customer may opt out of each direct marketing option individually. Since marketing rograms may already a in progress, it may take up to i weeks for your postal mail opt-out to be f wly effective. When you opt out of direct marketin by paefal mail or telephone, your opt-out will last for five (5) years. After that, you. may choose to renew yyour opt-out for another five-year peod. 5. Actions you can take You can tell us your preferences by: Notifying us atban)wfamerica.comfprivacy and entering your information on our secure Web site call us toll free at 1.888.341.5000 TaiA to a customer representative at a banking center or to your client relationship manager 6. Guarding your own information Bank of America recommends that you take the following precautions to guard against the disclosure and unauthorized use of your account and personal information: Review your monthly account statements and report any suspicious activity to us immediately. Do not respond to a-mails requesting account numbers, passwords or PINS. Call the institution to verify the leg?'tim?cy of the e-mail. )Memorize PINS and refrain from writing PINS, Social Security numbers debit or credit card numbers where they could be found. Shred documents containing any sensitive i may contact the Federal Trade TrU to report any incidents and to tional guidance on steps you can take to self. Contact the FTC at aer.gov/idtheft or 1.877.438.4338. peeping up to sate witn our rnvacy rone We may make changes to this policy at any time and will inform you of changes, as required by Iaw. To receive the most up-to-date Privacy Policy, you can visit our Web site at: bankofamerica.comiorivacv or call us at 1.888.341.5000. ha Bank of America companies s Privacy Policy applies to the following Bank of America companies drat have consumer customer relationships: Delaware, N.A. Consumer Card Services, LLC I Services, L.P. LLC Inc. era, Inc. _es. Inc. !meat, LLC Management, Inc. Advisors LLC Laurance Services, Inc. of America Agency, LLC of America Agency of Nevada Inc. of America Agency of Texas, )'nc. . of America Insurance Services, Inc., dba Banc of Insurance Agency, LLC Company ince Company For a current list of Bank of America companies that have cao liumer cusplease tomer relationships and tow b ch this policy bankofamerica.comlprivacy. This. policy aes to site at consumer customer relationships established in thepplifted States and is effective January 1 2008. This notice constitutes the Bank of America Uo loot Call Policy under the Telephone Consumer Protection Act for all consumers and is pursuant to state law. You may have other privacy protections under state laws, such as Vermont and California. To the extent these state laws apply, we will comply with them with regard to our information practices. For Nevada residents only. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 East Washington Street. Suite 3900, continued; Las Ve s, NV 89101; BCPIN 000 state.nv. FL1-300-02-07, Tampa For Vermont and [32; e-mail: Box 25118, only. The 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 aip nts. Bank of America will not s e Application ni f rm tion Consumer Report Information and aamfong the Bank o f?Amerriocarecomppaanies a ce t with eth authorization or consent of the Vermont resident. California In accordance with California law, Bank of America will not share information we collect about California residents with companies outside of Bank of America, except as permitted -by law, such as with the consent of the customer, to service the customer's accounts, or to fulfill on rewards or benefits. We will limit sharing among our companies to the extent required by applicable California law. Estas norms estdn dispponibles en espanol a trauds de la sucursal bancaria de su localidad 0 2007 Bank of America Corporation. CREDIT CARD AGREEMENT YOUR CONTRACT WITH US We reserve the right to chap a the terms of this Agreement at any time, as her described to the section titled We May Amend Nis Agreement. 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. We use section headings (e.., Words Used Often In This "Agreement" or "Credit Card Agreement" means this document and any changes we make to this document from time to time. "APR" means the corresponding Annual Percentage Rate. The APR corresponds to the lTaily Periodic Rate ("DPW') which is calculated by dividing the corresponding APR by 365. "Card" means all the credit cards we issue to you and to any other person with authorization for use on this account pursuant to this Agreement. "Default Rate" means the APR(s) which may be applied to Balance Transfers, Cash Advances, and Purchases without further notice in certain instances of your default, as "Foreign Transaction" means any transaction made in a foreign currency (including, for example, online purchases from foreign merchants). "Grace Period" means the period of time during a billing cycle when you will not accrue Periodic Rate Finance Charges on certain transactions or balances. "New Balance Total" means the total billed amount as of the Closing Date of a billing cycle, as shown on-your monthly statement. To determine the New Balance otal, we start with the total balance at the beginnin f the billing cycle, which is the "Previous Balance." Tghoen we subtract payments and credits. Then we add Cash Advances, Balance Transfers, Purchases and Adjustments and finance charges. 'Tay in Full" or 'Paid in Full" means payments and credits in a billing cycle totaling at least your previous billing cycle's 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 may also include limited time introductory or promotional transaction fees CTromotionai Fees") which may be higher or lower than the standard fees provided in the section titled Transaction Pee Finance Charges Agreement) to organize this Agreement. The l eadings are far reference purposes only. HOW TO USE YOUR ACCOUNT You may obtain credit in the form of Balance Transfers, Cash Advances, and Purchases by using cards, access checks, your account number, or other credit devices. "Balance Transfer" means a transfer of funds to another creditor initiated by us at your request. A Balance Transfer does not include a transaction that is otherwise a Cash Advance. Balance Transfers include Transaction Fees and adjustments associated with any Balance Transfer. "Cash Advance" means the use of your account for a loan obtained: 1, at an automated teller machine ("ATM Cash Advance"); 2. by a transfer of funds to a deposit account initiated by us at your request. CT)irect 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) MBank 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 ("Cheek 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'l. "Cash Advance" includes Transaction Fees and adjustments "Standard Rate" means the APR(s) normally in effect for associated with any Cash Advance. Balance Transfers, Cash Advances, and Purchases. „purchase" means the use of your card or account number "we", "us" "our", and "FIACS" means FIA Card Services, to; NA., also )mown as Bank of America. 1. buy or lease uy goods or services; "You" and "your" ocean each and all of the persons who are granted, accept or use an account we hold. "You" and "your" also mean any other person who has guaranteed payment of this account, when used in the sections titled Your Contract With. Us, We May Monitor And Record Telephone Calk and Arbitration and Litigation, and when used in each of the sections relating to payment of this account (e.g., Your 2. buy wire transfers fkom 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 a (continued) Fees and adjustments associated with any Purchase. ANNUAL PERCENTAGE RATES This section provides the Standard Rates, Default Rates and Promotional Dffers applicable to your account. Balance Transfers: The Standard Rate for Balance Transfer balances is a corresponding ANNUAL PERCENTAGE RATE of 9.90%(0.027123% DPR). Cash Advances: The Standard Rate for Cash Advance balances is a corresspponding ANNUAL PERCENTAGE RATE of 24.99%(0A68466% DPR). Purchases: The Standard Rate for Purchase balances is a correes?ppondingg ANNUAL PERCENTAGE RATE of 9.90°,6(0.027123 DPR). Default Pricing: We may increase the APRs on all new and outstanding Balance Transfer Cash Advance, and Purchase balances up to the Default Rate, without ving you additional notice, each time you have two "default re-pricing events" in any, twelve rolling consecutive billing cycles. A default re-pncing event means: (1) you fail to make any Total Minimum Payment Due by its Payment Due Date; or (2) your total outstanding balance exceeds your credit limit at any time i a billinng? cycle We may elect to set your APRs for Balan nce Transfer, Cash Advance and purchase balances to different Default Rates. Default Rates are variable rates calculated using the Variable Default pRate formulae wiitthtl a?margui of up to 23.99 percen this AGL RATFre of 29.24%(0.0801* spo011mDPRA ). ET such APR increase will be effective as of the first day of the billing With 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 re- events in the preceding twelve consecutive billing cycles. A11 Default Rates will remain in effect until you make each Total Minimum Payment Due by its Payment Due Date and do not exceed your credit limit for six consecutive billing cycles, starting with the first bitting cycle after the Default rate is in effect. At that time we will lower the margin for each of these variable APRs by at least two percentage points. These will be your new variable Promotional Offers: From time to time we may make Promotional Offers on certain new Balance Transfers Cash Advances, and Purchases. When a Promotional Otter ends, its Promotional Rates will terminate. Any Balance Transfer Cash Advance or Purchase balance subject 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. flowever if Check Cash Advances or Direct Deposits are identified in the Promotional Offer as "posting as a Balance Transfer" and qualify for the Promotional Offer then the resulting promotional balances will be inclut?ed in the Balance Transfer balance and will get the Balance Transfer Standard Rate or if applicable, the Balance Transfer Default Rate when tits Promotional offer ends, instead of the Cash Advance Rate. In addition, these transactions will get the Balance Transfer transaction fee if they qualify for the Promotional Offer. Promotional Offer ID H6BHKH7MB: The Promotional Rate for this Promotional Offer is a corres ondinit ANNUAL PERCENTAGE RATE of 1.99% (0.0?5452q DPR). Promotional Offer applies to Balance Transfers Direct Deposit Cash Advances and Check Cash Advances bearing this Promotional Offer ID (each an "eligible transaction" for this Promotional Offer). This Promotional Offer applies to new eligible transactions beginning on May 18, 2008. If an el' able transaction posts to your account by your statement Closing Date in August 2008 then this Promotional Offer will apply to eligible transactions posting- to your account through your statement Closing ate in February 2009 and this Promotional Offer will end on your statement Closing Date in February 2009. If an elirble transaction does not post to your account by your sta ement Closing Date in August 2008, then the Promotional Offer will end on your statement Closing Date in August 2008. Check Crash Advances bearing Offer ID H HKR7MB and Direct Deposits which get this Promotional Offer will post to your account as Balance Transfers. During the time in which you may make qualifving transactions under this Promotional Offer, they wig be subject to the following Promotional Fees: Balance Transfers: 3.00% of each such yy?ua?li transaction (Fee: Min. $10.00; Max. $99.00) (FINANCE 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 (21 that your total outstanding balance exceeds your credit limit on any statement Closing Date. If a -promotion turn-off event occurs then this Promotional Offer will end as of the first day at' that billing cycle. This means that this Promotional Rate will not be in effect in that billing cycle. Promotional Offer ID NO C: The Promotional Rate for this Promotional Offer is a co nd? ANNUAL PERCENTAGE RATE of 1.99% (545256 DPR). This Promotional Offer applies to Purchases each at least $ 00.00 (each an "eligible transaction" for this Promotional Offer). This Promotional Offer apples to new eligible transactions beginning on June 9, 2008. if an eligible transaction posts to your account by August 1, 2008 then this Promotional Offer will s ply to ellgg??ble transactions to your account throuh your statement Closing Datc in January 2009 and this Promotional Offer will end on your statement Closin Date in January 2009. U an eligible transaction does no? post to your account by August 1 2008, then the Promotional Offer will end on August 1, X008. This Promotional Offer may end at an time if there is a "promotion turn-off event. A promotion turn-off event means: (1) that any Total Minimum Pa nt Due is not received by its Payment Due Date; or (2) that your total outstanding balance exceeds your credit limit on any statement Closing Date. If a promotion turn-off event occurs then this Promotional Offer will end as of the first day of} that billing cycle. This means that this Promotional Rate will not be in effect in that billing cycle- Promotional Offer ID H6BHHH7MD: The Promotional Rate for this Promotional Offer is a corresponding ANNUAL PERCENTAGE RATE of 1.99% (0.0054524 DPR). This Promotional Offer applies to Balance Transfers Direct Deposit Cash Advances and Check Cash Advances gearing this Promotional Offer ID (each an "eligible transaction" for this Promotional Offer). This Promotional Offer applies to new eligible transactions beginning on June 13, 2098. If an eligible transaction posts our account by vour statement Closing Date in August N8 then this Promotional Offer will apply to eligible transactions posting to your account -through your statement Closing Date in Ylarch 2009 and this Promotional Oiler will end on your statement Closing Date in March 2009. If an eligible transaction does not post to your account your statement Closing Date in August 2006, then the Yomotional Offer will .1g on vour statement Closing Date in August 2008. Check Cash *Advances bearing Offer ID H6BHKH7MD and Direct Deposits which get this 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 may make qualif 'ng transactions under this Promotional Offer, they will be subject to the following Promotional Fees: Balance Transfers: 3.00% of each such qualif, 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 our total outstanding balance exceeds your credit lui nl on any statement Cloning Date. If 4 _promotion turn-off event occur, 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 H6BHKH7MT F: The Promotional 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 charges and have a higher Total Minimum Payment Due. If The Nall Street Journal does not publish the U.S. Prime a e, or i changes the definition of the U.S. Prime Rate, we may, at our sole discretion, substitute another index. CALCULATION OIL PERIODIC RATE FINANCE CHARGES We calculate Periodic Rate Finance Charges by multipplying each Balance Subject to Finance Char by its app cable DPR and that result by the number odays in the billing cycle. When Periodic Rate Finance Charges accrue on a Balance Transfer, Cash Advance or Purchase balance, those finance charges become part of that respective Balance Transfer, Cash Advance, or Purchase balance. Rate for this Promotional Offer is a corresponding ANNUAL PERCENTAGE RA'Z'E of 1.90% (0.005452T BILLING CYCLE DPR)• Your billing cycle ends each month on a Closing Date determinedb?yy us. Each billing cycle begins on the day after This Promotional Offer applies to Balance Transfers Direct the Closing 17ate of the previous billing cycle. Each monthly Deposit Cash Advances and Check Cash Advances bearing statement reflects a single billing cycle. this Promotional Offer ID (each an "eligible transaction" for this Promotional Offer). WHEN PERIODIC RATE FINANCE CHARGES BEGIN TO ACCRUE This Promotional Offer applies to new eligible transactions Each new Balance Transfer and Cash Advance begins to beginning on Jul 13, 2008. If an eligible transaction posts accrue Periodic Rate Finance Chas on its transaction to our accoun by your statement Closing Date in date. Balance Transfer and Cadh Advance balances September 2008 then this Promotional Offer will a ply to remaia?ng from previous billing cycles accrue Periodic hate eligible transactions postingg to year account through your Finance C?r? from the first day of the billing cycle. The sta-teemment Closing Date in A ril 2009 and this Promotional transaction date for Check Cash Advances and Balance Offer will end on your statement Closing Date in April Transfers made by check is the date the check is first 2009. If an eligible transaction does not post to your account deposited or cashed. The transaction date for a Returned by your statement Closing Date in September 2008 then Payment is the date that the corresponding payment posted tKe Promotional Offer will end on your statement Gilosing to your account. Date in September 2008. Check Cash Advances bearing Offer ID H6BFIKH7MF and Direct Deposits which get flue Unless subject to a Grace Period, each new Purchase begins Promotional Offer will post to your account as Balance to accrue Periodic Rate Finance Charges on its transaction Transfers. date or the first day of the billing cycle, whichever date is later. Unless subject to a Grace Period, Purchase balances During the time in which you ma make q remaining from previous billing cycles accrue Periodic Rate transactions under this Promotional Offer, they Finance Charges from the first day of the billing cycle. subject to the following Promotional Fees: When aplicable, Periodic Rate Finance Charges accrue Balance Transfers: 3.00% of each such q g daily and- compound daily on new balances, and balances transaction (Fee: Min. $10.00; Max. $99.00) (>N1NCE remaining gbm previous billing cycles. Periodic Rate CHARGE). Finance Charges will continue to accrue even though you have aid This Promotional Offer mad end at any time if there is a the full t of "promotion turn-off event. A promotion turn-off event means: (1) that any Tota Minimum PalrmeSt Due is not received by its Payment ue Date; or 1 that your total outstanding balance exceeds your credit limit on any statement Closing Date. If a promotion turn-off event occurs then this Promotional Offer will end as of the first day of that billing 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 cyalle that includes August 13, 2008 then this Promotional O ft end on the last day of thai billing cycle. VARIABLE RATE INFORMATION We will use the following variable rate formula for variable Standard Rates, variable Default Rates and variable Promotional Rates. All variable rates are calculated by adding together an index and a marem. For each variable rate, the applicable margin is disclose above in the section titled, Annual Percentage Rates. This index is determined oa the last business day of each month ("determination date") and is the highest UyS. Prime Bate as ublished in the "Money Rates" section of The Wall Street Journal at any time within the immediate Iy preceding`-three-months, including the month in which the index was determined. The index used to calculate these we include any accrued but unpaid fh Icu ce?cChargha g s inn the calculation of each Balance Subject to Finance e. Your Payment Due Date will be at least 20 days from your statement Closing Date. live a Grace Period for Balance Transfers or :es. You will have a Grace Period on new a billing cycle in which you Pay in Full from r the Pay in Full date until the end off' that You will have a Grace Period for an entire on new Purchases and on Purchase balances m previous bills cycles if you Pay in Full by Due Date in tha billing cycle and if during Alling cycle you Paid in Fall. ON _OF BALANCES SUBJECT TO Averse Balance Method (including new Balance Transfers and new Cash Advances): We calculate separate Balances Subject to Finance Charge for Balance Transfers, Cash Advances, and for each Promotional Offer balance consisting of Balance Transfers or Cash Advances by: (1) calculating a daily balance for each day in the current billing cycle; (2) calculating la daily balance for each day prior to the current billing cycle that had a "Pre-Cycle (continued) balance" --a Pre-Cycle balance is a Balance Transfer or a Cash Advance with a transaction date prior to the current billing cycle but with a posting date within the current billing -e; (3) adding all the Tailp balances together; and (4) dividing the sum of the daily balances by the number of days in the current billing cycle. To calculate the daily balance for each day in the current billin?g cycle, we take the beeggiinnning balance, add an amount the al tome appal abled ybalance Periodic Rate n u ti by T`ranspfers, Cash elel Advances and Transaction Fees, and subtract applicable payments and credits. If any daily balance is Tess than zero we treat it as zero. To calculate a daily balance for each day prior to the the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Check Cash Advance, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Direct Deposit, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you make a Foreign Tr on we will assess a transaction fee (FINANCE 0 GE5 equal to 3.00% of the U.S. dollar amount of each such Foreign Transaction. This is in addition to any other applicable transaction fees. current billing cycle that had a era-Cycle balance we take the beginning balance attributable solely to a 1}re- le If you obtain an Overdraft Protection Cash Advance, we will balance (which will be zero on the transaction date assess a transaction fee (FINANCE CHARGE equal to aasociated with the first Pre-Cycle balance) add an amount 3.00% of the U.S. dollar amount of each such Cas Advance equal to the aplicable Daily Periodic Race multiplied by (Fee: Min. $10.00). the previous s daily balance, and add only the applicable Pre-Cycle balances, and their related Transaction If you make a 'W'ire Transfer Purchase, we will sasses a >!ees. We exclude from this calculation all transactions transaction fee (FINANCE CHARGE) equal W 5.00% of posted in previous billing cycles. the U.S. dollar amount of each such Purchase (Fee: Min. Average' Daily Balance Method (includinff new $10.00). Purchases): We calculate separate Balances Subject to ACCOUNT FEES: The following fees are assessed as Finance Charge for Purchases and for each Promotional Purchases in the Billing Cycle in which the fees accrue: Offer balance consisting of Purchases by: (1) calculating a daily balance for each Say in the current billiiff , (2) A Late Fee if the Total Minimum Payment Due shown on addin all the daily balances together, and (3) g divf ' the your anonth?y statement is not received by us on or before sum of the daily balances by the number of days in the its Payment Due Date. On the Late Fee transaction date. current billing cycle. if the total outstandin balance is $100.00 or leas, the Late Fee will be $1.00; To calculate the daily balance for each day in the current . if the total outstanding balance is greater than ??? cycle, we take the balance add an amount 100.00 but $250.00 or less, the Late Fee will be l? egiial? to the applicable D" odic Rafe multiplied by 29.00; the previous day's daily balance, add, unless subject to a if the total outstanding balance in greater than Grace Period new Purchases, new Account Fees, and new $250.00, the Late Fee will be $39.00. Transaction Fees and subtract applicable payments and credits. If any daily balance is less then zero we treat it as zero. If in the current b' a you Pay in Full, then on nM! the day after that Pay date, we exclude from the beginning balance new Purchases, new Account Fees, and new Transaction Fees which posted on or before the Pay in Full date. We include the coats for credit card debt cancellation or credit insurance purchased through us in calculating the be?ntting Purchase balance for the first day of the billing cycle after the billing cycle in which such costs are billed. MINIMUM FINANCE CHARGE If the total of the Periodic Rate Finance Charges SCE balances is leas than $1.50, then a minimum FIN CHARGE of 11.50 will be assessed on the account in lieu of any Periodic Rate Finance Charge. TRANSACTION FEE FINANCE CHARGES We will assess the following Transaction Fees to your Account in the same balance category to which the transaction is posted: If you obtain an ATM Cash Advance, we will assess a the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Balance Transfer we will assess a transaction fee (FINANCE CHARGIt) equal to 3.00% of the U.S. dollar amount of each such Balance Transfer (Fee: Min. $10.00). If you obtain a Bank Cash Advance, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: hiin_ $10.00). If ycu obtain a Cash Equivalent we will assess a transaction fee (FINANCE CHARGI) equal to 3.00% of A Returned Payment Fee of $39.00 if a payment on your account is returned for insufficient 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 $35.00 if we return an access check unpaid for any reason, even if the access check is paid upon subsequent presentment. A Copy Fee of $5.00 for each copy of a monthly statement or sales draft, except that the six most recent monthly statements and one sales draft will be provided for free. An Abandoned Property Fee equal to any costs incurred by us for compplying with state abandoned property laws, unless prohibited by applicable law. this account, this overdraft l funds to be transferred Cove from this account into your with Bank of America transactions occur on your chef or other debits, that if paid account to be overdrawn Overdraft protection transfers to cover checking account transfers are processed after of America is linked to ion feature will allow through Friday and are treaters as overdraft Protection Cash Advances. Each dayq''s overdraft transactions will be totaled and rounded to the next $100 ($25 if you spend your checking account in Washinston or TTdaho $50 if your checking account is opened with _ ilitary Baiiic) increment u to your available credit limit, regardless of who initiated the overdraft transactions. For example, if your checking account has a balance of $1.00 and a check or other debit item for $125 is presented for payment, which if paid would cause your checking account to be overdrawn, an overdraft protection transfer of $200 will be made to your checking account and an Overdraft Protection Cash Advance of $200 will post to this account. The amount of available credit on this account must be sufficient to cover the total amount of overdraft transactions (received by Bank of America that day) rounded to the next $100 increment (but excluding any overdraft protection fee)- otherwise one or more of the overdraft transactions for that day will be rejected. However, if the available credit on this account is greater than the overdraft transaction amount, but the available credit is insufficient for the overdraft transaction amount to be rounded to the next $100 increment, then the amount of the overdraft transaction will be rounded to the highest whole dollar amount of your available credit. (And in such an event, the accrued finance charges may result in an Overlimit Fee.) We may permit or refuse to permit 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 Overlimit Fee during the billing cycle in which the transfer occurs. This overdraft protection feature will automatically be cancelled if this account is closed by either you or us, or at any time upon your request. Your overdraft transactions remain subject to the terms of our checking account with Bank of America, any related enrollment agreement, and this Agreement. SIGN YOUR CARD You should sign your card before you use it. WE MAY MONITOR AND RECORD TELEPHONE You consent to and authorize Bank of America, any of its affiliates, or its marketing associates to monitor and/or record an of your telephone conversations with our representatives or the representatives of any of those companies. Where you have provided a cell phone number directly to us, or placed a cell phone call to us. you consent and agree to accept collection calls to your cell hone from us. For an telephone or cell phone calls we piece to you, you consent and agree that those calls may be automatically dialed and/or pusse?recorded messages- REDITG INP'ORTING A NENCIES, 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 information we receive from third part?ea such as credit' r orting agent es and information about your transactions wii h us and (other r companies. You authorize as 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 -?oour account to a credit rep ng %'A'n"A ite tous at; F`IA Card Services N A., Ce fit a©eeP.O. Boa 17054, Wilmington, DE -7Qb4ease include your name, address, home phone number, and account number, and explain what you believe is inaccurate or incomplete. PURPOSES FOR USING YOUR ACCOUNT You may use your account for personal, family, or household purposes. You may not use your account for business or commercial purposes. You may not use a Balance Transfer, or Check Cash Advance, or any other Cash Advance, to make a payment on this or any other credit account with us or our affiliates. You may not use or permit your account to be used to make any ' egal transaction. You will only use your account for transactions that are legal where you conduct them For example, Internet gambli ng transactions by aneonlmie mm rehaanst does?nnoot ymeanf ptlsat an Intcard ern? transaction is legal where you conduct it. We may charge your account for such transactions. We will not be liable if you engage in an illegal transaction. We may deny authorization of any transactions identified as Internet gambling. PERSONS USING YOUR ACCOUNT If you permit any person to use your card, access checks, account number, or other credit device with the authorization to obtain credit on your account, you ma be w liable for all transactions made by that person including transactions for which you may not have intended to be liable, even if the amount of those transactions causes your credit limit to be exceeded. Authorized users of this account may have the same access to information about the account and its users as the account holders. We may send account materials (cards, statements and notices) to any liable F arty, and that person will be responsible for delivering hose' ose materials to the other liable parties and authorized users. Notice to any of you will be considered notice to all of you. You may allow authorized users on your account in the following ways: (1) by notifying us that you want someone added to your account as an authorized user- (2) by lending your card or account number to another; or (?) by any other ways in which you would be legally considered to have allowed another to use your account or to be y prevented from denying that you did so. You must think carefull 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, cast advances, balance transfers and awing others to use your account. Your account does not permit you to limit the nature or amount of authority yyoou 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. ysi&Uy 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 prmmse to pay us the amounts of all credit you obtain, which includes all Purchases, Cash Advances, and Balance Transfers. You also promise to pay va all the amounts of fmance charges, fees, and an other transactions we charge to your account. If a bank branch or office sponsors your account, you promise to pay it any unpaid account balance it pays us within 3o days. PAYMENTS ON YOUR ACCOUNT You must pay each month at least the Total Minimum Payment Due shown on your month]y statement by its Payment Due Date. Your Payment Due Date ma from month to month. Payments must conform to the requirements set out on that monthly statement; these requirements may vary without prior notice. You may pa the entire amount you owe us at d any time. Payments Way in any billing cycle that are greater than the Total Minimum Payment Due will of affectd ur obligation to make the neN Total Minimum Payment Due. If you overpay or if there is a credit balance an your account, we will not pay interest on such amounts. We will re'ect payments that are not drawn in U.S. dollars and hose drawn on a financial institution located outside of the United States. We reserve the right to ect any payment if your account has a credit balance as. of. day we receive that payment. Generally, credits to your account, such as those generated by merchants or by person-to-person money transfers are not treated as payments and will not reduce your Ntal ACS PAYMENTS We process most payment checks electronically. We use the information on your check to create an electronic funds transfer. Each time you send a check, you authorize a one-time ele? funds transfer. You also authorize us to pprocess your as a check or paper draft, as nece I•emds may be withdrawn from your account as soon as % same day we receive your payment. You will not receive your cancelled check because we are required to destroy it. We will retain an electronic copq For more information or = to the conversion of your checks into electronic funds your monthhcall l state tment. YYou may alsrohwrite to qua ate: P.O Box 15019, Wilmington, DE 19850-5019. TOTAL MINIMUM PAYMENT DUE You may pay your total outstanding balance at any time. ?v J continued) Each billing cycle, you must pay at least the Total Minimum Payment Due Date n o our monthly statement by its ym The lour Minimum Payment Due is the sum of all past due amounts plus the Current Payment. i? lei 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 billing cycle we will recalculate the Total Minimum Payment 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 your monthly statement; (3) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order, and (4) sent in the return envelope with onl the top portion of your statement accompanying iF Pa ante received after 6 m. Eastern time on any day including 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 moat instances, we will allocate your payments to balances (including transactions made after your latest statement) with lower APRs before balances with higher APRs. This will result in balances with. lower APRs (such as new balances with promotional APR offers) being paid before any other existing balances. PROMISE TO PAY APPLIES TO ALL PERSONS All persons who initially or subsequently request, accept, responsible or use any total outstaare ndi a?iee? Sher n& you and one or more persons are responsible to pay any total outstandina balance we may refuse to release any of you fram Iiabiln until ;11 of the cards, access checks and other credit devices outstanding under the account Rh 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 Due exceeds ty ur creedaite;limit; or (3)t you fail tondabida bygany other term of this Agreement. Our 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 REALTR.E IMWDIATE REPAYMENT If you are in default, tIsen in addition to our other remedies under this Agreement, we can require immediate ppaymant of your total outstanding balance and, unless rolulnited by applicable law and except as otherwise provided under the Arbitration and Litigation section of this Agreement, we can also yonwto pay the costa we incur in any collection proce as ell as reasonable attorneys' fees if we refer your account for collection to an attorney who is not our salaried employee. OTHER PAYMENT TERMS We can accept late payments, partial payments, or payments with any restrictive writing without losing. any of our rights under this Agreement. This means t no payment, including those marked with " aid in foil" or with any other restrictive words, shall operate as an accord and satisfaction without the prior written approval of one of our senior officers. You may not use a postdated check to make a payment. If you do postdate a payment check, we may elect to honor it upon presentment or return it uncredited to the person that ppresented it, without in either case waiting for the date shown on the check. We are not liable to 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 payment or make a reduced payment, finance charges app cable 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 malun your regular Total Minimum Payment Due each month following a payment holiday or reduced payment offer. WHAT WE MAY DO IF YOU ATTEMPT TO EXCEED YOUR CREDIT LIMIT The total outstanding balance on your account plus authorizations at any time must not be more than your credit limit. If you attempt a transaction which results in your total outstanding balance (plus authorizations) exceeding your credit t, we ma .. (1) permit the transaction without raising your credit limit; (2) permit the transaction and treat the amount of the transaction that is more than the credit limit as immediately due; or (3) refuse to permit the transaction. If we refuse to permit the transaction, we may advise the person who attempted the. transaction that it has been re fused. If we refuse to permit a Check Cash Advance or Balance Transfer we may do so by advising the person presenting the Bieck Cash Advance or Balance Transfer that credit has been refused that there are insufficient funds to pay the Check Cash Advance or Balance Transfer, or in any other manner. If we have previously permitted you to exceed your credit limit, it does not mean that we will permit you to exceed your credit limit again. If we decide to permit you to exceed your credit limit which could truer a promotion turn-off event, we may Weo charge an Over wit Fee as provided in this Agreement. 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 Re. 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 at that time. The?ameend ddeemment (iincltuddiing na in effect char oiitstan od ti gerbalaTncee. inclludinogr th bwin nte pemsttiing before the amendment became effective. If an amendment gives you the opportunity to reject the change, and if you reject the change in the manner provided in such amendment, we may terminate you right to receive credit and may ask you to return all credit devices as a condition of your rejection. We may replace your card with another card at any time. WE MAY SUSPEND OR CLOSE YOUR ACCOUNT We may suspend or close your account or otherwise terminate your right to use your account. We may do this at any time and for any reason. Your obligations tinder this Agreement continue even after we have done this. You must destroy all cards, access checks or other credit devices an the account when we request. YOU MAY CLOSE YOUR ACCOUNT You may close your account by notifying us in writing or by telephone, and destroying all cards, access checks or other credit devices on the account. Your obligations under this Agreement continue even after you have cone this. TRANSACTIONS AFTER YOUR ACCOUNT IS CLOSED When your account is closed, you must contact anyone authorized to charge transactions to your account, such as internet service providers, health clubs or insurance companies. These transactions may continue to be charged to your account until you change the billing. Also, if we believe you have authorized a transaction or are attemptinto use your account after you have requested to close the- account, we may allow the transaction to be charged to your account. REFUSAL TO HONOR YOUR ACCOUNT We are not liable for any refusal to honor your account. This can include a refusal to honor your card or account number or any check written on your account. We are not liable for any retention of your card by us, any other financial institution, or any provider of goods or services. HOW YOU MAY STOP PAYMENT ON AN ACCESS CHECK You may request a stop payment on an access check by ar amount providing us with the access check number, doll and payee exactly as they appear on the access check Oral and written stop payymment re quests on an access check are effective for six montha 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 ma elect to honor it upon presentment or return it unpaid to the person that presented it to us for payment, without in either case waiting for the date shown on the access check. We are not liable to you for any lose 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 pprocedures 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 apart 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 ahali be subject to the Arbitration and Lien section of this Agreement. We may adjust, add, or delete benefits and services at any time and witthout notice to you. WE MAY SELL YOUR ACCOUNT We may at any time, and without notice to you, sell, assign or transfer your account, an sums due on your account, this A eement, or our rights or obligations under your accouz or this Agreement to any person or entity. The person or entity to whom we make any such sale, assignment or transfer shall be entitled to allof our rights and oT r obligations under this Agreement, to the extent sold, assigned or transferred. YOU MUST NOTIFY US WHEN YOU CHANGE YOUR ADDRESS We strive to keep accurate records for your benefit and ours. The post office and others may notify us of a change to your address. When you change your address, you must notify us promptly of your new address. WHAT LAW APPLIES This Agreement is made in Delaware and we extend credit to you from Delaware. This Agreement is governed by the laws of the State of Delaware (without regard to its conflict of laws principles) and by any applicable Federal laws. THE PROVISIONS OF THIS AGREEMENT ARE SEVERABLE If any provision of this Agreement is found to be invalid, the remaining provisions will'continue to be effective. OUR RIGHTS CONTINUE Our failure or delay in exercising any of our rights under this Agreement does not mean that we are unable to exercise those rights later. UNAUTHORIZED USE OF YOUR CARD Please notify us immediately of the loss, theft or possible unauthorized use of your account at 1.800.789.6tOl. ARBITRATION AND LITIGATION This Arbitration and Litigation provision applies to you unless you were given the opportunity to reject the Arbitration and Litigation provisions and you did so reject them in the manner and timeframe required. If you did re,(ect effectively such a provision, you agreed that any litigation brought by you against us regarding this account or this Agreement shall be brought in a court located in the State of Delaware. Any claim or dispute ("Claim") by either you or us against the other, or apaznst the employees, agents or of the other, arising from or relating in any way tc t}u'e agreement or any prior Agreement or your account (whether under a statute, to contract, tort, or otherwise and whether for money damages, ,penalties or declaratory or equitable relief), or the vanctity or the entire ment or any ric antexcept for any Claim c enng the validity t la Mon-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 bor he other party would suffer prejudice y the delay in demanding arbitration. The arbitration shall be conducted by the N Arbitration Forum ("NAP"), under the Code of Proce( effect at the time the Claim is filed. Rules and forms National Arbitration Forum may be obtained and may be filed at any National Arbitration Forum www.arb-forum.com, or P.O. Box 50181, Minne Minnesota 55405, telephone 1-800-474-2371. If the l unable or unwilling to act as arbitrator, we may sub written request, we will advance any arbitration filing- fee, administrative and hearing fees which you are required to ppay to pursue a Claim in arbitration. e arbitrator will decide who will be ultimately responsible for aymg those fees. If u file a claim against us, in no even will you be adm niisstrattiive or hearing feesf in an amou trgreater t?han, what your court costs would have been if the Claim had been resolved in a state court with jurisdiction. Anyy ?arbitration hearing at which you appear will take place witbin the federal judicial district that includes your billing address at the time the Claim is filed. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 I.S.C. $§ 1-16 (''FAA"). Judgment upon any arbitration award may be entered in any court having (continued) 1urisdiction. The arbitrator shall follow existing substantive law to the extent consistent with the FAA and applicable statutes of limitations and shall honor any clanns or privileggee recd?uzed by law.. If an party requests, the arbitrator she A write an opinion containing the reasons for the award. No Claim submitted to arbitration is heard by, a jury or may be brought as a class action or as a pnvate 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 nonsevezable 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 to such proceeding, subject to the right to appeal therelimitation 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 bank ptcy by you or sale of the debt by us. For the purposes of this Arbitration and Litigation Section, "we" and "is" means FIA Card Services, NA-, its parent, subsidiaries affiliates, licensees, predecessors successors, assigns, an3 any purchaser of your account, WA all of their officers directors employees, "agents and assigns or any and all of t?iem. Additionally, "we or `us" shall mean any third Party roviding beneft?, services, or products in connection with he account (including but not limited to credit M bureaus, merchants that accept any_ credit device issued under the account, rewards or enrollment services, credit insurance companies, debt collectors and all of their officers directors, employees and agents) if, and only if, such a thirty 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 te payment your letter must reach us three business days before the automatic payment is scheduled to occur. Your Rights and Our Resppoonsibilities After We Receive Your Written Notice: We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can ap Iy any unpaid amount VtoibonUgsted st your credit limit. You do not have to pay any ed amount while we are investigating, but you are to pay the parts of your Can that are not in question. If we find that we made a mistake on your bill, you will not have to ppa?y any dfmance charges related to any questioned amount. way did not make a mistake, you may have to pap finance charges, and pnu will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it 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 satisf twenty-five you and you write to us within (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 qiality of the roperty or services that you purchased with a credit car and you have tried in good faith to correct the problem with the merchant, you hey have erig t not t okay the remaining amount due on rePerty o There are two limitations on this ri (1) You must have made the purchase in our 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 Bil 1f you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet (or use a cop of the form provided on your bill) at Bank of America Uorporation, P.O. Box 15026, Wibnin¢ton, DE 19850. Write to us as soon as possible. Do not sendd the notice on or with your payment. We must hear from you no later than 60 days after we sent you the first bill on which the transaction or error appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: (1) your name and account number; (2) the dollar amount of the suspected error, (3) the posting date of the transaction in question; and ) a description of the error and an explanation, if you can, of why you believe there is an error: If you need more information, describe the item you are not sure about. If you have authorized us to pay your credit card bill VERIFICATION I, EDNA D_ CRUZ , 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 PATRICK T LEONARD owes the balance of $7,007.40 to CACH, LLC on previously submitted invoices, which balance is due and unpaid as if the date of the execution of this Verification. I am aware that if any of the foregoing is willfully false, I am subject to punishment. I understand that false statements made herein are subject to the penalties relating to unsworn falsification to authorities. By: PJ?yn o Dated: DEC 12 2011 EDNA D_ CRUZ Authorized Representative SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ()FFiCE T-E '-?.cRIF r ?..Et((??(t???F} 1CO*A 20i2 FEB 14 AM 10: 0 I CUMBERLAND COUNT' PENNSYLVANIA Cach, LLC Case Number vs. 2012-479 Patrick T. Leonard SHERIFF'S RETURN OF SERVICE 02/03/2012 07:55 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on February 3, 2012 at 1955 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Patrick T. Leonard, by making known unto Marlene Leonard, Wife of Defendant at 120 Linn Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $34.00 February 09, 2012 '?? e'- 4e4-TIM BLA , DEPUTY SO ANSWERS, r RON R ANDERSON, SHERIFF jc$ Count,Suite S"nff. I elecsoSt. Inc. C[ r it' Allan C. Smith, Esq. Trili ie. Attorney I.D. 204756 a 3 2 Ph 3: ) 0, Bucks County Office Center E 1276 Veterans Highway, Suite E-1 i.,"J'119E2LANO COUNT," Bristol, PA 19007 PENNSYLVANIA 1-888-275-6399 H (215) 428-0666 Attorney for Plaintiff CACH, LLC COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY V. No. 2012- 479 CIVIL PATRICK T. LEONARD PRAECIPE TO ENTER JUDGMENT BY Defendant DEFAULT TO THE PROTHONOTARY: Please enter a Default Judgment in favor of plaintiff, CACH, LLC, and against the defendant(s), PATRICK T LEONARD, for failure to answer or otherwise respond to the Complaint in Civil Action. The Complaint was served upon the defendant(s) on February 03, 2012. 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) PATRICK T LEONARD by regular United States mail, postage paid, on March 5, 2012, is attached hereto as Exhibit "B". Assess damages in the amount of $ 11,588.29 as follows: [a] $ 7,007.40 principal being sought in the Complaint; [b] and $ 2,975.66 interest being sought in the Complaint; [c] and reasonable attorney's fees of $ 1,401.48, or $ 150.00 per hour, [d] and Court Costs of $ 203.75. Date: March 19, 2012 By: Allan C. Smith, sq. Attorney I.D. No. 204756 of 0 oSCP '1l 1 n {-? n n 1 I lu be 01 Allan C. Smith, Esq. Attorney I.D. 204756 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399 // (215) 428-0666 Attorney for Plaintiff CACH, LLC Plaintiff, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2012- 479 CIVIL PATRICK T. LEONARD Defendant CERTIFICATE OF SERVICE OF NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT I, ALLAN C. SMITH, ESO., of full age, certify that I mailed a copy of the annexed NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT upon defendant PATRICK T LEONARD by regular United States mail, postage prepaid and by certified mail, return receipt requested, on March 19, 2012 at his/her last known address of: 120 LINN DR CARLISLE, PA 17013 Date: March 19, 2012 By Allan C. Smith, Esq. Attorney I.D. No. 204756 Allan C. Smith, Esq. Attorney I.D. 204756 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399 H (215) 428-0666 Attorney for Plaintiff CACH, LLC Plaintiff, v. PATRICK T. LEONARD Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2012- 479 CIVIL CERTIFICATION OF NON-MILITARY SERVICE I, ALLAN C. SMITH, ESQ. of full age, certifies as follows: 1. I am the plaintiff s attorney herein, and have sufficient knowledge of the facts and am fully authorized to make this Certification; 2. My information is that the defendant is PATRICK T LEONARD. 3. Our latest information is that the defendant is employed at unknown. 4. To the best of my information and belief, the Defendant is not a member of the military services of the United States of its allies or otherwise within the provisions of the Soldiers' and Sailors' Relief Act of 1940, as amended, and as stated in the attached Department of Defense Manpower Data Center reports. 5. This certification is taken subject to the penalties of 18 PaCSA 4904 relating to unsworn falsification to authorities. Date: March 19, 2012 Allan C. Smi ,Esq. Attorney I.D. No. 204756 Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Mar-16-2012 09:13:22 < Last Na First/Middle Begin Date Active Duty Status Active Duty End Date Service me Agency LEONARD PATRICK Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). 4121 w if Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL httpJ/www.defenselink.ini1/tN/yis/I'C09SLDR.htm1. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/anni/scralnonrenort_do zii J<iIn11) Exhibit "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith v9?stir of ?nanbrr?r,?o Chief Deputy Richard W Stewart Solicitor ^=c,cE T4 Cach, LLC vs. Patrick T. Leonard Case Number 2012-479 SHERIFF'S RETURN OF SERVICE 02/03/2012 07:55 PM - Timothy Black, Deputy Sheriff, who being duly swom according to law, states that on February 3, 2012 at 1955 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Patrick T. Leonard, by making known unto Marlene Leonard, Wife of Defendant at 120 Linn Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $34.00 February 09, 2012 e? TIM B , DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF -ouri,Saite 5nerff '-.ieosofl. I;v Exhibit "B" Allan C. Smith, Esq. Attorney I.D. 204756 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399 H (215) 428-0666 Attorney for Plaintiff CACH, LLC COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY V. No. 2012- 479 CIVIL PATRICK T. LEONARD NOTICE OF INTENT TO Defendant FILE PRAECIPE TO ENTER • JUDGMENT BY DF.FATTT.T To: PATRICK T. LEONARD 120 LINN DRIVE CARLISLE, PA 17013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CAN NOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Dated: MARCH 5, 2012 Allan C. Smith, Esq. Attorney I.D. 204756 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399 H (215) 428-0666 Attorney for Plaintiff CACH, LLC COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY V. No. 2012- 479 CIVIL PATRICK T. LEONARD Defendant TO: PATRICK T LEONARD 120 LINN DR CARLISLE, PA 17013 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: 3I 1 a By: Clerk Q Judgment by Default ? Money Judgment ? Judgment in Replevin ? Judgment for Possession ? Judgment on Award of Arbitration ? Judgment on Verdict ? Judgment on Court Verdict If you have any questions concerning the above, please contact: Attorney: ALLAN C. SMITH, ESQUIRE at (215) 428-0666 or toll free at (888) 275-6399 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 2012-479 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CACH, LLC Plaintiff (s) From PATRICK T. LEONARD, 120 LINN DRIVE, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY TO BE LEVIED ON. HOWEVER PURSUANT TO PARCP3109 PLAINTIFF DIRECTS THE SHERIFF AT THE TIME OF THE PERSONAL PROPERTY LEVY TO PHYSICALLY IMPOUND ANY AND ALL COMPUTERS, LAPTOPS, PERSONAL TABLET COMPUTERS, IPADS, IPODS, SMARTPHONES, CELL PHONES AND BLACKBERRY DEVICES FOUND IN AND ON THE PREMISES. (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$11,588.29 Interest Atty's Comm % Atty Paid $182.75 Plaintiff Paid Date: MAY 4, 2012 (Seal) L.L. $.50 Due Prothy $2.25 Other Costs >aLe--zL r1-ozL David D. Buell, Prothonotary Deputy REQUESTING PARTY: Name CORRYN KRONNAGEL, ESQUIRE Address: LAW FIRM OF ALLAN C. SMITH, P.C. 1276 VETERANS HIGHWAY, SUITE E-1 BRISTOL, PA 19007 Attorney for: PLAINTIFF Telephone: 215-428-0666 Supreme Court ID No. PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 CACH, LLC IN THE COURT OF COMMON PLEAS OF 4340 S. MONACO STREET, 2"D FLOOR CUMBERLAND COUNTY, PENNSYLVANIA; DENVER, COLORADO 80237 Plaintiff[s], = ; - vs Docket No.: 2012-479-CIVIL . PATRICK T LEONARD 120 LINN DR - " t CARLISLE, PA 17013 ? Defendant[s]. TO THE PROTHONOTARY OF CUMBERLAND COUNTY: ISSUE and INDEX WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania, (2) against PATRICK T LEONARD 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 $ 11,588.29 DATE: May 4, 2012 01 wag 5b d Q `9({. OO )03.75 1(.,Q . S d ?y 9 s`t? Cam. C?j uc{aS 1 #-? u a-7 U711eQ plus costs. n wrz? 6? eek TSSLx5d' CACH, LLC IN THE COURT OF COMMON PLEAS OF 4340 S. MONACO STREET, 2ND CUMBERLAND COUNTY, PENNSYLVANIA FLOOR DENVER, COLORADO 80237 Plaintiff[s], vs. Docket No.: 2012-479-CIVIL PATRICK T LEONARD 120 LINN DR - - - CARLISLE, PA 17013 -<> , Defendant[s]. - `- WAIVER OF WATCHMAN .r Sri (7^ .. BY ORDER OF THE SHERIFF OF CUMBERLAND COUNTY COURTHOUSE - CARLISLE, PA 17013 SIR: There will be placed in your hands for service a Writ of Execution, styled as follows: CACH, LLC, Plaintiff(s) vs. PATRICK T LEONARD, Defendant(s). (1) The defendant will be found at: 120 LINN DR CARLISLE, PA 17013 (2) If Writ of Execution, state below where Defendant will be found, what goods and chattels shall be seized and be levied upon. If real estate, attach three copies of description (not place of record) together with street and number of the premises. ANY AND ALL PERSONAL PROPERTY OF THE DEFEDNANT LOCATED AT. 120 LINN DR CARLISLE, PA 17013. However, pursuant to Pa R.C.P. 3109, Plaintiff directs Sheriff, at the time of the personal property levy, to physically impound any and all computers, laptops, personal tablet computers, I-pads, I -pods, smart phones, cell phones and Blackberry devices found in and on the premises. (3) WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within may leave same without a watchman, in custody of whoever is found in possession, after notifying such person of such levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. (Cor ronnagel, Esquire LAW FIRM OF ALLAN C. SMITH, P.C THE BUCKS COUNTY OFFICE CENTER 1276 VETERANS HIGHWAY, SUITE E-1 BRISTOL, PENNSYLVANIA 19007 PH: (215) 428-0666 / FAX: (215) 428-0740 CACH, LLC 4340 S. MONACO STREET, 2ND FLOOR DENVER, COLORADO 80237 Plaintiff[s], VS. PATRICK T LEONARD 120 LINN DR CARLISLE, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No.: 2012-479-CIVIL Defendant[s]. WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY To satisfy judgment, interest, and costs against: PATRICK T LEONARD, defendant[s], (1) You are directed to levy upon the property of the defendant[s] and to sell defendant[s] interest therein, located at: 120 LINN DR CARLISLE. PA 17013 ANY AND ALL PERSONAL PROPERTY TO BE LEVIED ON. HOWEVER PURSUANT TO PA R.C.P._3109. PLAINTIFF DIRECTS SHERIFF- AT THE (2) You are also directed to attach the property of the defendant[s] not levied upon in the possession of !name of aarnisheel, garnishee[s], [specifically describe property] [All property of defendant[s] possessed by garnishee[s]. All accounts including all savings, checking and other accounts, certificates of deposit, notes receivables, collateral, pledges, documents of title, securities, coupons and safe deposit boxes, especially account numbers] and to notify the garnishee[s] that: (a) an attachment has been issued; (b) the garnishee[s] is [are] 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 and subject to attachment is found in the possession of anyone other than a named garnishee[s], you are directed to notify [him] [her] [them] that [he] [she] [they] has [have] been added as garnishee[s] and are enjoined as above stated. REAL DEBT $ 11,588.29 INTEREST $_ from COST PAID: $ PROTHONOTARY $_ SHERIFF $_ STATUTORY $ COSTS DUE $_ BY: Date: