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Home My WebLink About12-3259IN THE COURT OF COMMON PLEAS OF CUVIBEItLAND COUNTY, PENNSYLVANIA CACH, LLC VS. KENNETH H COOPER NO: NOTICE TO DEFEND 12 COW R--3a513 0AVI-1 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 013 Q?? * 103. ?SPoI o N? 10 ?RP Law Firm of Allan C. Smith, P.C 1276 Veterans Highway Suite E-1 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.: KENNETH H COOPER ) 21OR SUMMER LN ) ENOLA, PA 17025 ) COMPLAINT To: KENNETH H COOPER 21OR SUMMER LN ENOLA, PA 17025 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, CUMORLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 AVISO Le han dernandado a usted en is corte. Si usted quiere defenderse de estas demandas expuestas en las pagins siguientes. Usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia excrita o en persons o con abogado y entregar o sus objecciones a las demandas en contra de su persona. Se avisado que si usted no se defiende. La corta tomara medidas y puede continuar la demada en contra suya sin previo Avisa o notificion. Ademas la corae puede decidie a favor del demandante y requiere que usted compla con todas las provisiones 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 KENNETH H COOPER, 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, KENNETH H COOPER, is an individual residing at 21OR SUMMER LN , ENOLA, PA 17025. 3. Plaintiff's cause of action is based upon a writing. <Exhibit C> 4. Defendant, KENNETH H COOPER, was indebted to MBNA America, N.A. for a breach of the written contract by and between them in the amount of $6,422.85 which balance was due and unpaid as of October 29, 2010, for credit card account number 5474150001801637. <Exhibit A> 5. Upon charge-off, the above account number was changed to 5474150001801637. 6. On or about November 17, 2010, FIA CARD SERVICES, N.A. sold the debt for good and valuable consideration to plaintiff, CACH, LLC <Exhibit B> 7. The Defendant, Kenneth H Cooper, last tendered a payment on February 24, 2010. 8. A copy of the credit card agreement is attached hereto. <Exhibit C> 9. Plaintiff is entitled to charge-off account finance charges of $0.00. <Exhibit A> 10. Plaintiff is entitled to pre-litigation charge-off interest of $4.9254 per day from the default date ( 27.990% annual percentage rate x $6,422.85 / 365 days) or $4.9254 x 544 days = $2,679.39; 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 $10,590.56 which includes interest, court costs, and a prayer to the court for reasonable attorney's fees in the amount of $1,284.57 should this matter be contested or go to default judgment. Date: May 14, 2012 Ilan C . mith, Esq. r EXHIBIT A Bank of America Cash Rewards for Business Cardholder Statement KENNETH H COOPER 21OR SUMMER LN Account Number: 5474 1500 01801637 1 D/j 0 Page 1 of 2 CARDHOLDER MESSAGES YOUR ACCOUNT IS 150 DAYS PAST DUE. IT IS IMPERATIVE THAT YOU CONTACT US WITHOUT DELAY TO MAKE ARRANGEMENTS TO AVOID CHARGEOFF. PLEASE CALL (866)821-0563. BUSINESS CASH WARDS SUMMARY Beginning Balance 30 Bonus Cash Rewards 0 Cash Rewards Earned 0 Cash Rewards - Net Transferred 0 Cash Rewards Redeemed 0 Cash Rewards Available 28 Adjustments 0 To redeem your points call 1.800.673.1044 or visit www.bankofamaiica.com Customer Service: Finance Charges Total Annual Percentage Rate 27.400, 800.673.1044, 24 hours Average Daily Annual Periodic www.bankofarnerica.com Daily Periodic Percentage Finance Outside the U Balance Rate Rate Chame hours PURCHASES 24 a b 509353 .6656 $6,231.62 0.07669% 27.99% $143.38 . CASH $0.00 0.07463% 27.24% $0.00 For Lost or Stolen Card: OTHER BAL $74.02 0.02735% 9.98% 50.61 800.673.1044, 24 hours Send Billing Inquiries to: BANK OF AMERICA PO BOX 15184 WILMINGTON DE 19850-5184 Account Summary Previous Balance $6,229.86 Payments $0.00 Credits $0.00 Pumbases/Other + $0.00 Debits/Other Fees Cash Advances + $0.00 Ovedimit Fees + $0.00 Late Payment Fees + $19.00 Finance Charge + $143.99 New Balance = 56,422.85 Business Card Pavmeat COUDon Bankof America _ Please 13 Check boa and indicate address change on reverse. Eater Ameaat Account No. 5474 1500 0180 1637 Enclosed Payment Due Date 11-04-10 Make check or money order payable to: Minimum Payment Due S1,826.54 BUSDWM CARD New BaLace $6.422.85 Marl payment to address below. IIIIII11soIIIIaI,aloll IaisoIIIIIIIII11111itIIIIsIIIIIsIII IIII I KENNETH H COOPER BUSINESS CARD 2108 SUMMER LN ENOLA PA 17025.216710 547415000180163701826540642285 266547415000180163720101008 Credit Limit $0 Billing Date 10-08-10 Cash Limit $1,060 Days in Billing Cycle 30 Cash Advance Balance $0.00 Payment Due Date 11-04-10 Available Credit $0 Minimum Payment Due $1,826.54 New Balance $6,422.85 BUSINESS CARD PO BOX 15710 WILMINGTON DE 19886-5710 'Reif is an e1wrook rep v*w4 n oryow statement sad maynm wmm an orthe mseiamnt mcladed with year original stateattmt. Bank of America Cash Rewards for Business Cardholder Statement KENNETH H COOPER 21 OR SUMMER LN Account Number: 5474 1500 01801637 266547415000180163720101008 Credit limit $0 Billing Date 10-08-10 Cash Limit $1,060 Days in Billing Cycle 30 Cash Advance Balance $0.00 Payment Due Date 11-04-10 Available Credit SO Minimum Payment Due $1,826.54 New Balance $6,422.85 Page 2 of 2 CARDHOLDER ACTIVITY Posting Sale Date Date Category Reference Number Transactions Amount 1045 10-05 LATE PAVMM4f FEE 49.00 I0.08 10-08 PURCHASE •FR"NCE CHARGE` 14338 10.08 10-08 PURCHASE •FEUNCE CHARGE' 0.61 266547415000180163720100208 Bank of America Cash Rewards for Business Cardholder Statement KENNETH H COOPER 21 OR SUMMER LN Account Number: 54741500 0180 1637 J 1 Pagel of2 BUSINESS CASH WARDS SUMMARY Beginning Balance Cash Rewards Earned Cash Rewards Redeemed Adjustments Credit Limit 55,300 Billing Date 02-08.10 Cash limit 55,300 Days in Billing Cycle 31 Cash Advance Balance 50.00 Payment Due Date 03-05-10 Available Credit $203 Minimum Payment Due $169.80 New Balance $5,097.14 Business Card News YOUR FINANCE CHARGES IN 2009 WERE $ 1,193.16 55 Bonus Cash Rewards 0 Cash Rewards • Net Transferred Cash Rewards Available To redeem your points call 1.800.673.1044 or visit www.bankafamries.com 53 CARDHOLDER ACTIVITY Posting Sale Date Date Category Reference Number Transactions Amount 01-29 01-28 02874405310000503214773 PAYMENT REt.IUM - TBANK YOU 200.00 CR Customer Service: 800.673.1044, 24 hours www.baskofameric-a.com Outside the U.S.: 509353.6656, 24 hours For Lost or Stolen Card: 800.673.1044, 24 hours Send Billing Inquiries to: BANK OF AMERICA PO BOX 15184 WILMINGTON DE 19850.5184 Business Card Payment COUDOn Bankof America Pica" O Chock box and Indicate address change on reverse. E ater 1 Ansonat Enclosed S `-I Account No. 5474 1500 0180 1637 Payment Due Date 030-10 Make check or money order payable to: Minimum Payment Doe $169.80 BUSINESS CARD New Balance $5,097.14 Mail payment to address below. Iu,1111111111au11111Ifiull1ll11III11IIIrr1Il11IIIIII 1911111 BUSINESS CARD KENNETH H COOPER PO BOX 15710 BUSINESS CARD WILMINGTON DE 19888-5710 21OR SUMMER LN ENOLA PA 17025-218710 h7nance Charges Total Annual Perce ntare Rate 27.92% Account Summary Average Daily Annual Periodic Previous Balance $5,177.11 Daily Periodic Percentage Finance Payments $200.00 Balance Rate Rate Charge Credits 50.00 PURCHASES 54,987.98 0.076690/9 27.99% $118.59 Purchases/Other + S0.00 CASH $0.00 0.07463% 27.241/9 $0.00 Debits/Other Fees OTHER BAL $169.95 0.02735% 9.99% SI.44 Cash Advances + $0.00 Overlimit Fees + 50.00 Late Payment Fees + 50.00 Finance Charge + 5120.03 New Balance = 55,097.14 547415000180163700169800509714 Thn n in eleetrow re{rodoctien of your statement and may not wmain all of the disclose m mbided with yotr oriel data=. 1 Bank of America Cash Rewards for Business Cardholder Statement KENNETH H COOPER 21OR SUMMER LN Account Number: 5474 1500 01801637 266547415000180163720100208 Credit Limit 55,300 Billing Date 02-08-10 Cash Limit 55,300 Days in Billing Cycle 31 Cash Advance Balance 50.00 Payment Due Date 03-05-10 Available Credit 5203 Minimum Payment Due S169.80 New Balance $5,097.14 Page 2 of 2 CARDHOLDER ACTIVITY Posting Sale Date Date Category Reference Number Trausaations Amount 02-M 0248 PURCHASE VINANCE CHARGE* 119.59 0248 02.08 PURCHASE *FINANCE CHARGE* L44 EXHIBIT B CERTIFICATE OF PURCHASE EDNA D. CRUZ _, hereby depose and state that: 3. 1 am an Authorized Agent of CACH, LLC, a Colorado Limited Liability Company. 2. As such, I am authorized to give this Certificate, and possess sufficient personal knowledge to do so regarding: Customer Name: KENNETH H COOPER Original Creditor: IWBNA America, N.A. Account Number: 5474150001801637 5. On or about November 17,010 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. MAR272012 Date: By. Sworn and subscribed to before me this day of Notary Public ?. 2012. .........,? CT? :.xRWEWSK3t'o o....•' T c n ,mac Mak of America F.XI 18rr C HILL OF UIR Ahab A GNMENT O LO S Tbc undesigned Msigaor ("Assigm") on and as of the data hereof hareby absoluwly sells, tanners, igos, sca-aver, quitclaims and eonveys to CACH. LLC_, a Limited LiWbility Company oTganiaed under the ]awe of Colorado ("AWS n) without recourse and without representations or warranties of any type, kind, cbaro r or nature, express or implied, subject to Buyer's repurchase rthts as set forth in Sections S.1 and 8.2. Q ofAssignoes right, tide and int=Sat in and to each of the lawns identified in the Imu schedule (1ga Scht c) attached ham (Ihctvgcd= with the right to alt Xincipal, interest or o0w proDoeds of amy kind with aspect try the Loom rxxr?aining due wd owing as of the Cut-Off Date applicable to such Loam as set forth in the Loan Sale Agremcnt pursuant to which the Loans at, being aold (Umludit but not limiu d to proceeds derived from the conversion, voluntary or involute , of any of the Loans into cash or otb er liquidamed Property)- DATED; Novernber 22+ 2010. ASSIGNOR: FIA GARB SERVICES, N.A. f Name: l:febm L I ieciaro Title: Vice Pint 3i?W ? aar:asa,a?os Pre&h Random sale 1111/74 RwkdAmn khoes&hs bW&M In. *5 r6r.r MM &xAWO-ark, JXC IM ropm hw EXHIBIT C FEDERALLY REQUIRED AFFILIATE MARKETING NOTICE YOUR CHOICE TO LIMIT MARKETING • The Bank of America companies listed fsee below) are providing this notice. Real Estate HomeFocus Services. LLC Administrative Services LaSalle Healthcare Administrative Services, LLC Federal law gives you the right to limit some but not Merchant Services all marketing from all the Bank of America BA Merchant Services, LLC affiliated companies. Federal law also requires us to LaSalle Merchant Services, LLC give you this notice to ten Co about our choice to Imit marketing from 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, trom marketing their products or services to you based upon your personal information that they receive from other Bank of America companies. This information includes your income, your account history, and your credit score. • Your choice to limit marketing offers from the Bank of America affiliated companies will apply for at least 5 years from when you tell us your choice. Before your choice to limit marketing offers expires, gu will receive a renewal notice this will allow you continue to limit marketing offers from all the Bank of America affiliated companies for at least another 5 years. • You may tell us your choice to limit marketing offers, and you may tell us the choices for other customers who are joint account holders with you • This limitation will not apply in certain circumstances, such as when you have an account or service relationship with the Bank of America company that is marketing to you- • For individuals with business purpose accounts, this limitation will only apply to marketing to individuals and not marketing to a business. To limit marketin offers, contact us at 800.374.2632 Effective October 1,008 Banks and Trust Companies Bank of America, NA LaSalle Bank National Association LaSalle Bank Midwest National Association Credit Card Bank of America Consumer Card Services, LLC Bank of America Fleet Credit Card Services, L.P. Insurance and Annuities BA Insurance Services, Inc. Banc of America Agency of Texas, Inc. Banc of America Insurance Services, Inc., dba Banc of America Insurance Agency General Fidelity Insurance Company General Fidelity Life Insurance Company LaSalle Financial Services, Inc. dba LaSalle Insurance Services Brokers a and Investments BACAP %ternative Advisors, Inc. Bank of America Capital Advisors LLC Banc of America Investment Advisors, Inc. Banc of America Investment Services, Inc. Banc of America Securities LLC LaSalle Financial Services, Inc. U.S. Trust 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 t C I f i d h sharing information allows us to use information about your ATM, credit card and check-card transactions to identify us omer n ormat on an w at actions you can take, please continue reading. any unusual activity and then contact you to determine if our card has been Iost or stolen. ; This document includes information about: Re occasionally receive medical or health information from 1. Making the security of information a priority a customer if, for example, a customer applies for insurance 2. Collecting your information from us. We also may obtain information from insurance 1 Managing information about you 4 M ki f i i i supiport organizations not affiliated with Bank of America tha prepare and provide reports to others as well as to us. We do not share medical or health information amo . a ng sure n ormat on s accurate ng our 5. Honoring your preferences companies, except to maintain or collect on accounts, process transactions, service customer requests or perform 6. Actions you can take insurance functions to the extent permitted by law. 7. Guarding your own information Managing information with companies that work for 8. Bank of America companies us We may share any of the categories of Customer This policy covers Customer Information, which means Information with companies that work for us, includingg companies located outside the United States AIl personally identifiable information about a consumer or a consumer's current or former customer relationshi with . nonaffiliated companies that act on our behalf and receive Custo I f ti f p Bank of America. This policy is provided to you as required by the Federal Financial Privac Law and a t li mer n orma on rom us are contractually obligated to keep the information we provide to them confidential, and t th C t I f y es o our pp companies identified in Section 7, Bank of America companies o use e us omer n ormation we share only to provide the services we ask them to perform. These companies may i l d f l . nc u e inancia service providers, such as paymen ' 1. Making the security of information a priority Keeping fnancial information secure is one of our most im orta t ibiliti W i t i h processing companies, and nonfinancial companies, such as check printing and data processor' companies. p n respons es. e ma n a n p ysical, electronic and rocedural safe uards to rotect Customer I f ti In addition, we may share any of a categories of Customer f I ti h p g p n orma on. Ap repriate employees are authorized to access Customer Irmation for business purposes only Our emplo ees are n orma on wit companies that work for us in order to provide marketing support and other services, such as a service rovid t5 t d t b k . y bound by a code of ethics that requires confidential t p er a w ri utes mar eting materials. These companies may help us to market our own products and trea ment of Customer Information and are subject to disciplinary action if they fail to follow this code. services or other products and services that we believe may be of interest to you. Please note that some of our own 2. Collecting information We collect and use various types of information about you companies may provide marketing support and other services for us as well. and your accounts to service your accounts, save you time Sharing information with third parties (for customers and money, better respond to our needs and manage our business and risks. Customer Information is categorized in with credit cards and Sponsored Accounts) We may share Identification Information Transaction and the following siz ways: d A Identific tio Inf ti - i f ti th t , Experience Information, as well as Other General . n orma a on n orma on a i entifies you, such as name, address, telephone number and Social Securitumber n Information we collect about each of your (1) Bank of America credit card account(s) and (2) Sponsored Accounts t B k f A i h . B. Apply ic ation Information - information you provide to us a an o mer ca, wit selected third parties. on applications and through other means that will help us determine if you are eligible for products you request. E l l d d 1. Credit card account information, whether co-branded or not may be shared with third parties. S xamp es inc u e assets, income an debt. 2. ponsored Account information may be shared with third C. Transaction and Experience Information - information b t i parties. Sponsored Accounts are non-credit card accounts or a ou transact ons anaccount experience, as well as information about our communications with you Examples include account balances a ment hi t t services provided b Bank of America that are also endorsed, co-branded ar sponsored by other organizations. E y , p s ory, accoun usage and your inquiries and our responses. D xamples of these organizations include colleges, sporting tell maj retailers and other affinity organizations, such as . Consumer Report Information - information from a consumer report. Examples include credit score and credit charities. Sponsored Accounts may include deposit accounts or other banking services provided by Bank of America history. E. Information from Outside Sources - information from , such as a savings account co-branded with an automobile club. You will know whether an account is a Sponsored outside sources regar employment, credit and other Account by the appearance of the name or logo of the relationshi s that will help us determine if you are eligible for products you request. Examples include emplioyment sponsoring organization on account materials, such as statements and marketing materials. history, loan balances, credit card balances, property insurance coverage and other verifications. If you are unsure whether any of your accounts are Sponsored Accounts please contact 1 888 341 5000 F. Other General Information - information from outside sources such as data from public records, that is not assembled or used for the urpose of determinin eli ibilit , . . . . We may share information about credit cards and Sponsored Accounts with selected third parties, including: F i l p g g y inanc a services companies (such as insurance for a product or service. As required by the USA PATRIOT Act, we also collect agencies or companies and mortgage brokers and organizations with whom we have agreements to information and take actions necessary to verify your ;dentification. ointl market financial products); Onf nancial companies (such as retailers travel 3. Managing information Managing information within. Bank of America , companies and membership organizations); and Other companies (such as nonprofit organizations). Sank of America is made up of a number of companies, including inanciai service providers, such as our brokerage The sharing of information, as described in this section is limited to credit card and Sponsored Account information company and credit card company, and nonfinancial empanies such as our operations and servicin . Please see Section 4, Honoring our preferences to learn w h h , g subsidiaries. o you may c oose to opt out of his shari ng. Disclosing information in other situations Bank of America may share any of the categories of Customer Information among uur companies. For example, We also map disclose any of the categories of Customer Information to credit bureaus and similar organizations and when required or permitted by law. For example, Customer Information may be disclosed in connection with fraud prevention or investigation, risk management and security, and recording mortgages in public records. 4. Honoring your preferences You have choices when it comes to how Bank of America shares and uses information. Sharing information with third parties (for customers with credit cards and Sponsored Accounts) If you have a Bank of America credit card or Sponsored Account, you may request that we not share information about these accounts with third 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 Section 3 under Disclosing information in other situations; • With our service providers as discussed in Section 3 under Managing information with companies that work for us; and With other financial companies with whom we have joint 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 on 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 Informations Consumer Report Information and Information from Outside Sources no£ be shared among Bank of America companies For sharing among Bank of America companies, each customer may tell us his or her reference individually, or you may tell us the preferences for any other customers who are joint account owners with you. Direct marketing You may choose not to receive direct marketing offers - sent by postal mail, telephone and/or e-mail - from Bank of America These preferences applyy to an marketing offers from us and from companies working for us. To minimi'e the amount of telephone solicitation our customers receive Bank of America does not offer nonfinancial products 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 note that we may continue to contact you as necessary to service your account and for other nonmarketing purposes. 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 marketingg option individually. Since marketing programs may alreaidy be in progress, it may take up to 12 weeks for your postal mail opt-out, to be fully effective. When you opt out of direct marketm by postal mail or telephone, your opt-out will last for figve (5? years. After that, you may choose to renew our opt-out for another five-year period. 3. Actions you can take You can tell us your preferences by: Notifying us atbankofameri6a.com/privacy and entering your information on our secure Web site • Calling us toll free at 1.888.341.5000 Talking to a customer representative at a banking center or to your client relationship manager 6. Guarding your own information Bank of America recommends that you take the following precautions to guard against the disclosure and unauthori2ed 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 leggiit?imacy of the e-mail. Jlemorize PL?Is and refrain from writing PINs, Social Security numbers debit or credit card numbers where they could be found. Shred documents containing any sensitive information before discarding, e.g. bank statements. • Confirm that an Internet site is secure by checking that the URL (Web address) begins with "https". • Review your credit report at least once every year to make sure all information is.up to date. For a free copy of your credit bureau report, contact www.annualcreditreport.com or call 1.877.322.8228. • If you think you have been a victim of identity theft or fraud, you may contact the Federal Trade Commission (F C) to report any incidents and to receive additional guidance on steps you can take to protect yourself. Contact the FTC at www.consumer.gov/idtheft or 1.877.438.4338. • For additional information on protecting your information, please visit bankofamerica.com/privacy. Seeping up to da}e with our Privacy Policyy We may make changes to this policy at any toss and will inform you of changes, as required by law. To receive the most up-to-date Privacy Policy, you can visit our Web site at: bankofamerica.com/privacy or call us at 1.888.341.5000. of America companies ac Policy applies to the following Bank of America s that have consumer customer relationships: America, N.A. - America Trust Company of Delaware, N.A. 3tates Trust Company, N.A. at Company of Delaware Consumer Card Services, LLC Services, L.P. i Capital Advisors LLC Finance Services, Inc. Investment Advisors, Inc. Investment Services, Inc. Securities LLC p3ment Advisors, LLC ;ement Distributors, Inc. ar Asset Management, L.P. Inc. Management, LLC ic. e Fund Management, Inc. estment Advisors LLC IsurSIICe Services, Inc. of America Agency, LLC of America Agency of Nevada Inc. of America A ency of Texas, 1'nc. Of tAmerica insurance Services, Inc., dba Banc of iorafe Insurance Agency, LLC rance Company Insurance Company For a current list of Bank of America companies that have consumer customer relationships and to which this policy applies, please visit our Web site at bankofamerica.com/privacy- This policy applies to consumer customer relationships established in the United States and is effective January 1 2008. This notice constitutes the Bank of America IIo ;4ot 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 app>y, 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 Veggas, NV 89101; phone number: 702.486,3132; e-mail: BCPINPO@agg state.nv,us. Bank of America, PO Box 25118, FL1-300-02-07, Tampa, FL 33633-0900. For Vermont and California residents only. The information sharing practices described above are in accordance with federal law. Vermont and California law lace additional limits on sharing information about Vermont and California residents so long as they remain residents of those states. Vermont: In accordance with Vermont law Bank of America will not share information we collect about Vermont residents with . companies outside of Bank of America except as permitted by law, such as with the consent of the customer, to service the customer's accounts or to other financial institutions with which we have ]joint marketing aggrreements. Bank of America will not share .Application Information Consumer Report Information and information from Outsiae Sources about Vermont residents among the Bank of America companies except with the authorization or consent of the Vermont resident. California: In accordance with California law, Bank of America will not share information we collect about California residents with companies outside of Bank of America, except as permitted by law, such as with the consent of the customer, to service the customer's accounts, or to fulfill on rewards or benefits. We will limit sharing among our companies to the extent required by applicable i, California law. Estas normas estdn disponibles en espanol a travda de la sucursal bancaria de su localidad m 2007 Bank of America Corporation. 1!? a? CREDIT CARD AGREEMENT YOUR CONTRACT WITH US We reserve the right to chart a the terms of this Agreement at an time, as her described in the section titled.- We May Amend This Agreement. WORDS USED OFTEN IN THIS AGREEMENT "Access check" means a check we provide to you to obtain credit on your account. "Agreement" or "Credit Card Agreement" means this document and any changes we make to this document from time to time. "APR" means the corresponding Annual Percentage Rate. The APR corresponds to the laily Periodic Rate ("DPR") which is calculated by dividing the corresponding APR by 365. "Card" means all the credit cards we issue to you and to any other person with authorization for use on this account pursuant to this Agreement. "Default Rate" means the APR(s) which may be applied to Balance Transfers, Cash Advances, and Purchases without further notice in certain instances of your default, as described in the section titled, Annual Percentage Ratea "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 Total we start with the total balance at the beginning of the billing cycle, which is the "Previous Balance." Then we subtract payments and credits. Then we add Cash Advances, Balance Transfers, Purchases and Adjustments and finance charges. 'Pay 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. to general, Pay to 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 ma also include limited time introductory or promotional transaction fees C'Promotional Fees") which may be higher or lower than the standard fees provided in the section titled Transaction Fee Finance Charges. 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. g., Words Used Own In This Agreement) to organize this Agreement. The headings are for reference purposes only. HOW TO USE YOUR ACCOUNT You may obtain credit in the form of Balance Transfers, Cash Advances, and Purchases by using cards, access checks, your account number, or other credit devices. "Balance Transfer" means a transfer of funds to another creditor initiated by us at your 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. ("Direct Deposit"). A Direct Deposit does not include an Overdraft Protection Cash Advance or a same day online funds transfer; 3. at any financial institution (e.g., to obtain cash, money orders, wire transfers, or travelers checks), by a same day online funds transfer to a deposit account, and at any non-financial institution (to obtain cash) ("Bank Cash Advance"); 4. as part of an Overdraft Protection Program -- a transfer of funds to a deposit account pursuant to an overdraft protection program ("Overdraft Protection Cash Advance"); 5. to buy "Cash Equivalents" (i.e., foreign currency, money orders or travelers checks from a non-financial institution, or person to person money transfers, bets, lottery tickets, casino gaming chips, fines or bail bonds) with your card; 6. by an access check you sign as drawer ("Check Cash Advance"); 7. for any payment you make to us that is returned to us unpaid for any reason, including the related finance charges ("Returned Payment'l. "Cash Advance" includes Transaction Fees and adjustments "Standard Rate" means the APR(a) normally in effect for associated with any Cash Advance. Balance Transfers, Cash Advances, and Purchases. "We" "us" "our", and "FIACS" means FIA Card Services, NA.; also known as Bank of America. "You" and "your" mean each and all of the persons who are granted, accept or use an account we hold "You" and "your" also mean any other person who has guaranteed payment of this account, when used in the sections titled Your Contract With Usk We May Monitor And Record Telep6ne Calls, and Arbitration and Litigation, and when used in each of the sections relating to payment of this account (e.g., Your "Purchase" means the use of your card or account number to: 1. buy or lease goods or services; 2. buy wire transfers from a non-financial institution ("Wire Transfer Purchase"); 3. make a transaction that is not otherwise a Cash Advance. "Purchase" includes Account Fees, as well as Transaction (continued) fees and adjustments associated with any Purchase. N each Total Minimum Payment Due by its Pa ent ANNUAL PERCENTAGE RATES This section provides the Standard Rates, Default Rates and Promotional Uffers applicable to your account. Balance Transfers: The Standard Rate for Balance Transfer balances is a correespwondin ANNUAL PERCENTAGE RATE of 9.90%(0.0271234 DPR). Cash Advances: The Standard Rate for Cash Advance balances is a corresponding ANNUAL PERCENTAGE RATE of 24.99%(0.068466% APR). Purchases: The Standard Rate for Purchase balances is a corre ondingg ANNUAL PERCENTAGE RATE of 9.90%10.027113% 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 wing you additional notice, each time you have two "default re-ppricing events" in any. twelve roiling consecutive bflling cy 4 . A default re-pncrn 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 in a billing cycle We may elect to set your APRs for Balance Transfer, Cash Advance and Purchase balances to different Default Rates. Default Rates are variable rates calculated using the Variable Default Rate formula with a marein of up to 23.99 oercentaee n which the second default re-pricifig event each additional default re-nricina event. we Date and do not exceed your credit limit four six cutive billing eyclee starting with the first billing cycle the Default ranee is in effect. At that time we lower fargin for each of these variable APRs by at least two ntage points. These will be your new variable lard Rates. Promotional Offers: From time to time we may make Promotional offers on certain new Balance Transfers Cash Advances, and Purchases. When a Promotional Offer ends, its Promotional Rates will terminate. Any Balance Transfer Cash Advance or Purchase balance subLect to that Promotional O% e] will return to its respective Standard Rate or Default to as applicable. Rate for this Promotional Offer is a corres finding ANNUAL PERCENTAGE RATE of 1.99% {O.Op05452% DPR). -'his 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). 2008 then this Promotional Offer will apply to eligible transactions postin to your account through your statement Closing gDate in February 2009 and this Promotional Offer will end on your statement Closing Date in February 2009. If an eligible transaction does not post to your account by your statement Closing Date in August 2008, then the Promotional Offer will end on your statement Closing Date in Auugquusat 2008. Check Cash Advances beano Offer ID II6BHKH7MB and Direct Deposits which get this Promotional Offer will post to your account as Balance Transfers. During the time in which you ma make quali transactions under this Promotional Oiler, they wi>-bg be subject to the following Promotional Fees: Balance Transfers: 3.00% of each such qqualm?}}; transaction (Fee: Min. $10.00; Max. $99.00) (F S& CHARGE). This Promotional Offer may end at an time if there is a "promotion turn-off event.' A promotion turn-off event means: (1) that any Total Minimum Payment Due is not received by its Payment Due Date; or (2) that your total outstanding balance exceeds your credit limit on any statement Closing Date. If a romotion turn-off event occurs then this Promotional Wer will end as of the first da o? that billing cycle. This means that this Promotional Rate will not be in effect in that billing cycle. Promotional Offer ID H6BHIHH7MC: The Promotional Rate for this Promotional Offer is a corre sspporid?i'nngg ANNUAL PERCENTAGE RATE of 1.99% (0.0054529 DPR). This Promotional Offer applies to Purchases each at least *500.00 (each an "eligible transaction" for this Promotional offer). This Promotional Offer applies to new eligible transactions beginning on June 9, 2008. if an eligible transaction posts to your account by A t 1, 2008 then this Promotional Offer will a ply to eI' transactions pow to your account throu your statement Closing Date in January 2009 and this 1tional Offer will en on your statement Closin Date in January 2009. If an eligible transaction does not pest to your account by August 1 2008, then the emotional Offer will end on August 1, X008. 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 Mims-n Payment Due is not received by its Payment Due Date; or (2) that your total outstanding balance exceeds your credit limit on any statement Closing Date. If a? premotion 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 H6BHKH7MD: The Promotional Rate for this Promotional Offer is a correspon ANNUAL PERCENTAGE RATE of 1.99% (0.00545 DPR). ends, instead of the Cash Advance Rate. In addition, these This Promotional Offer applies to Balance Transfers Direct transactions will get the Balance Transfer transaction fee if Deposit Cash Advances and Check Cash Advances bearing they qualify for the Promotional Offer. this Promotional Offer ID (each an "eligible transaction" for Promotional Offer ID A6BHKH714IB: The Promotional this Promotional Offer). Check Cash Advances and Direct Deposits are Advances. However if Check Cash Advances or Deposits are identified in the Promotional Offer as as a Balance Transfer" and qualify for the Prom Offer then the result in.gg promotional balances v included in the Balance "i'ranafer balance and will Balance Transfer Standard Rate or if applicabi Balance Transfer Default Rate when the Pronwtiona This Promotional Offer applies to new eligible transactions aeginning on May 18, 2008. If an eligible transaction posts to your account by your statement Closing Date in August This Promotional Offer applies to new eligible transactions beginning on June 13, 2008. If an eli gle 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 Date in March 2009 and this Promotional Offer will end an our statement Closing Date in March 2009. If an eligible (transaction does not post to your account by your statement Closing Date in August 2008, then the Promotional Offer will end on your statement Closing Date in August 2008. Check Cash Advances bearing Offer ID H6AIM7MD and Direct Deposits which get this Promotional Offer will post to your account as Balance variable rates is 3.25% and was determined on June 30, Transfers. 2008. During the time in which you may make qualif 'ng transactions under this Promotional Offer, they willnbe subject to the following Promotional Fees: Balance Transfers: 3.00% of each such qualify"' transaction 'Fee: Min. $10.00; Max. $99.00) (F" NANCE CHARGE). 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 all Street Journal does not publish the U.S. Prime Kate, or i c angel a definition of the U.S. Prime Rate, This Promotional Offer may end at any time if there is a we may, at our sole discretion, substitute another index. "promotion turn-off event.' A promotion tum-off event means: (1) that any Total Minimum Payment Due is not received by its Payment Due Date; or (2) that our total outstanding balance exceeds your credit limit on any statement Closing Date. If a promotion turn-off event occurs then this Promotional Offer will end as of the first day of that billing cycle. This means that this Promotional Rate will not be in effect in that billing cycle. Promotional Offer ID H6BHKH7MF: The Promotional Rate for this Promotional Offer is a corresponding ANNUAL PERCENTAGE RATE of 1.99% (0.0054529 DPR). This Promotional Offer applies to Balance Transfers Direct Deposit Cash Advances and Check Cash Advances bearing this Promotional Offer ID (each an "eligible transaction" for this Promotional Offer). CALCULATION OF PERIODIC RATE FINANCE CHARGES We calculate Periodic Rate Finance Charges by multiplying each Balance Subject to Finance Char by its applicable DPR and that result by the number of days in the billing cycle. When Periodic Rate Finance Charges accrue on a Balance Transfer, Cash Advance or Purchase balance, those finance charges become part of that respective Balance Transfer, Cash Advance, or Purchase balance. BILLING CYCLE Your billing cycle ends each month on a Closing Date determined b_y us. Each billing cycle begins on the day after the Closing Date of the previous billing cycle. Each monthly statement reflects a single billing cycle- WHEN -PERIODIC RATE FINANCE CHARGES BEGIN This Promotional Offer applies to new eb i'ble transactions Each new Balance Transfer and Cash Advance begins to beginning on July 13, 2008. If an eligible transaction posts accrue Periodic Rate Finance Charges on its transaction to our account by your statement Closing Date in date. Balance Transfer and Cae1i Advance balances September 2008 then this Promotional Offer wil plp to remaimng from previous billing cycles accrue Periodic hate eligigi"bie transactions golfingg to your account thro your Finance Char s from the first day of the billing cycle. The statement Closing Date in A ril 2009 and this Promotional transaction dsete 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 fast 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 the Promotional Offer -will end on your statement losing to your account. Offer ID H6BHKH7MF and Direct Deposits which get this Unless subject to a Grace Period, each new Purchase beg" s 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 may make qualifying remaining- fra?m previous biliin cycles accrue Periodic Rate transactions under this Promotional Offer, they will be Finance Charges from the fusMay of the billing cycle. subject to the following Promotional Fees: When applicable, Periodic Rate Finance Charges accrue Balance Transfers: 3.00% of each such n daily, and compound daily on new balances, and balances transaction (Fee: Min. $10.00; Max. $99.00) (FMC remaining from previous billing cycles. Periodic Rate CHARGE). Finance Charges will continue to accrue even though you have paid the full amount of any related balances because This Promotional Offer may end at any time if there is a "promotion turn-off event- A promotion turn-off event means: (1) that any Total Minimum Payment Due is not received by its Payment Due Date; or (2) that or total outstanding balance exceeds your credit limity0on any statement Closing Date. If a romotion turn-off event occurs then this Promotional Offer will end as of the first day of that billing cycle. This means that this Promotional Rate will not be in effect in that billing cycle. However, if a promotion turn-off event occurs during the billing cycle that includes August 13, 2008 then this Promotional OOfff 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 addi "together an index and a margin. For each variable rate, the applicable margin is disclosel above in the section titled, Annual Percentage Rates. This index is determined on the last business day of each month ("determination date') and is the highest U.S. Prime Rate as published in the "Money Rates" section of The Wall Street Journal at any time within the imme a ely preceed-- three-months, including the month in which the index was determined. The index used to calculate these we include any accrued but unpaid finance charges in the calculation of each Balance Subject to Finance Charge. Your Payment Due Date will be at least 20 days from your statement Closing Date. PERIOD not have a Grace Period dvances. You will have es, in a billing cycle in wl after the Pay in Full d :ycle. You will have a G: _Y-le on new Purchases e ig from previous billinngg 0 meat Due Date in tlia? f ions billing cycle you Paid for Balance Transfers or a Grace Period on new ich you Pay in Full from ate until the end R that ace Period for an entire ad on Purchase balances Iles if you Pay in Full by in _f.ycle and if during CALCULATION OF BALANCES SUBJECT TO FINANCE 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 by: (1) calculating a daily balance for each day in the current billing cycle; (2) calculating a 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 the U.S. dollar amount of each such Cash Advance (Fee: Min $10 00) billing cycle but with a posting date within the current billia?g ; (3) adding a1T the daily balances together; and (4) d idi h . . . If you obtain a Check Cash Advance we will assess a iv ng t e sum of the daily balances by the number of days in the current billing cycle. , transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fe To calculate the daily balance for each day in the current e: Min. $10.00). billing cycle, we take the be?ning balance, add an amount equar to the applicable Daily Periodic Rate multiQQlied by ' If you obtain a Direct Deposit, we will assess a transaction fee (FINANCE CHARGM equal to 3 0096 of the U S d ll the revious day s daily balance, add new balance Transfers, Cash Advances and Transaction Fees, and . . . o ar amount of each such Cash Advance (Fee: Min. $10.00). subtract applicable payments and credits. If any daily balance is ess than zero we treat it as zero. If you make a Foreign Transa on we will assess a transaction fee (FINANCE CHA GE equal to 3 009E of F To calculate a daily balance for each dap prior to the current billing cycle that had a Pre-Cycle balance we take . the U.S. dollar amount of each such oreign Transaction. This is in addition to any other applicable transaction fees. the beginning balance attributable solely to a Ibre-Cycle balance (which will be zero on the transaction dat If you obtain an Overdraft Protection Cash Advance, we will e associated with the first Pre-Cycle balance), add amount equal to the ap livable Daily Periodic Rae mulpHed b 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) y the previous _'s daily balance, and add only the . . applicable Pre-Cycle balances, and their related Transaction ees. We exclude from this calculation all transactions If you make a Wire Transfer Purchase, we will assess a transaction fee (FINANCE CHARGE) equal td 3 00% of posted in previous billing cycles. . the U.S. dollar amount of each such Purchase (Fee: Min Average, Daily Balance Method (including new Purchases): We calculate separate Balances Subj t t . $10.00). ACCOUNT F ec o Finance Charge for Purchases and for each Promotional Offer balance consisting of Purchases by: (1) calculating a EES: The following fees are assessed as Purchases in the Billing Cycle in which the fees accrue: daily balance for each day in the current illi>z ; (2) addingf all the daily balances together; and (3? . g thhe sumo the daily balances by the number o days m the A Late Fee if the Total Minimum Payment Due shown on your moni@y statement is not received by us on or before its payment Due Date On th L t F current billing cycle. . e a e ee transaction date: . if the total outstandin balance is $100.00 or less, the Late Fee will be $'5 00 To calculate the daily balance for each day in the current billing cycle, we take the beginning balance add an amount equal to the applicable D dy Penodic Rafe multiplied by ' . ; . if the total outstanding balance is ater than 100.00 but $250.00 or less, the Life, Fee will be 29.00; the previous day s daily balance, add, unless subject to a Grace Period new Purchases, new Account Fees, and new T ti F d if the total outstanding balance in greater than $250.00, the Late Fee will be $39.00. ransac on ees an subtract applicable payments and credits If any daily balance is less than t . zero we reat it as zero. If in the current billing Ycle you Pay in Full, then on the day after that Pay in Fi date we exclud fr th A Returned Payment Fee of $39.00 if a payment on your account is returned for insufficient funds or for any other . , e om e beginning balance new Purchases, new Account Fees and reason, even if it is paid upon subsequent presentment (if we elect to re-present the payment) new Transaction Fees which posted on or before the lay in . Full date. A Returned Access Check Fee of $39.00 if we return an We include the costs for credit card debt cancellation or access check unpaid for any reason, even if the access check is paid upon subsequent presentment credit insurance purchased through us in calculating the b . egining Purchase balance for the first day of the billing cycle after the billin c cle in which s h t bill A Copy Fee of $5.00 for each copy of a monthly statement or g y uc cos a are ed, MINIMUM FINANCE CHARGE sales draft, except that the six most recent monthly statements and one sales draft will be provided for free. If the total of the Periodic Rate Finance Chars for all balances is less than 1.50, then a minimum FINANCE CHARGE of $1.50 will a assessed on the account in lieu of An Abandoned Propert y Fee equal to any costs incurred by us for compplying with state abandoned property laws, unless rohibit d b l any Periodic Rate Finance Charge. p e y app icable law. If you obtain a Balance Transfer we will a a transaction fee (FINANCE CHARGit) equal to 3.0046 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 ,ransaction fee (FINANCE CHARGE) equal to 3.00% of .he U.S. dollar amount of each such Cash Advance (Fee: _ti4in. $10.00). you obtain a Cash Equivalent we will assess a transaction fee (FINANCE CHARGt) equal to 3.00% of OVERDRAFT PROTECTIO TRANSACTION FEE FINANCE CHARGER tf your checking account witl We will assess the following Transaction Fees to your this account, this overdraft Account in the same balance category to which the funds to be' transferred ("o, transaction is posted: from this account into your If you obtain an ATM with Bank of America Y Cash Advance, we will assess a transactions occur on your ch transaction fee (FINANCE CHARGE)equal to 3.00% of or other debits, that if pai the U.S. dollar amount of each such Cash Advance (Fee: account to be overdrawn Min_ $10.00). Overdraft protection transfer to cover checking account after America is linked to i feature will allow rotection transfers") td checking account cause ciirouga r naay and are treated as Overdraft Protection Cash Advances. Each day's overdraft transactions will be totaled and rounded to the next $100 ( 25 if you opened your checking account in Washineton or Idaho- $50 if your checking account is opened with _ ilitary Bart) increment up 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 cheek or other debit rem for 5125 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 CALLS You consent to and authorize Bank of America, any of its affiliates, or its marketing associates to monitor and/or record any of your telephone conversations with our representatives or the representatives of any of those companies. Where you have provided a cell phone number directly to us, or placed a cell phone call to us you consent and agree to accept collection calls to your call hone from us. For an telephone or cell phone calls we place to you, you consent and agree that those calls may be automatically dialed and/or use recorded messages. SG RM?ATION NCIES; COLLECTING AND You authorize us to collect information about you in order to conduct our business and deliver the top quality service you expect, including information we receive about you information we receive from third parties such as credit; re oiling agencies and information about your transactions with us and other coin anies. You authorize us to share such information about you or your account with our affiliates and others. You may have the right to opt out of some information sharing. For more details, please refer to our Privacy Policy. If you believe we have furnished inaccurate or incomplete information about you or our account to a credit report a ncy, write to us at: FIA Card Services N.A., Cre r_7 encies, P.O. Box 17054, Wilmington, DE 19 84-70b4. Please 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 fr business or commercial urposes. You may not use a Balance Transfer, or Check Cash Advance, or any other Cash Advance, to' make a payment on this or any other credit account with us or our affiliates. You may not use or hermit your account to be used to make any illegal transaction. You will only use your account for transactions that are Iegai where you conduct them. For example, Internet gmmbhng transactions may be illegal in your state. Display of a payment ckrd logo by an online merchant does not mean that an Internet transaction is legal where you conduct it. We may charge your account for such transactions. We will not be liable if you engage in an illegal transaction. We may 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 may. be liable for all transactions made by that person including transactions for which you may not have intended to be liable, even if the amount of those transactions causes your credit limit to be exceeded. Authorized users of this account may have the same access to information about the account and its users as the account holders. We may send account materials (cards, statements and notices) to any liable arty, and that person will be responsible for delivW' hose 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) bq 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 (i3) by any other ways in which you would be legally considered to have allowed another to use your account or to be legally prevented from denying that you did so. You must t1'nk caref ill before you allow anyone to become an authorized user. By doing so, you authorize the person to use your account to the same extent you can including but not limited to makin any purchases, cash advances, balance transfers and alTgowing others to use your account. Your account does not permit you to limit the nature or amount of authority you give to any authorized user and you will not attempt to do so. An authorized user's authority will continue until you both notify us that you are terminating the authority and you physically retrieve the card. If you cannot retrieve the card, you will remain liable for any transactions that we cannot prevent after you notify us. YOUR PROMISE TO PAY You promise to pay us the amounts of all credit you obtain, which includes all Purchases, Cash Advances, and Balance Transfers. You also promise to pay ua all the amounts of finance charges, fees, and any other traneactions 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 30 days. PAYMENTS ON YOUR ACCOUNT You must pay each month at least the Total Minimum Payment Due shown on your monthly statement by its Payment Due Date. Your Payment Due mate may vary from month to month. Payments must conform to the requirements set out on that monthly statement; these requirements ma vary without prior notice. You may pay the entire amoun? you owe us at any time. Payments made in any billing cycle that are greater than the Total Minimum Pa t Due will not affectyour obligation to make the next Total Minimum Payment Due. If you overpa or if there is a credit balance on your account, we will null pay interest on such amounts. We will re 'ect m eats that are not drawn in U.B. dollars and those drawn on a financial institution located outside of the United States. We reserve the right to ect any payment if your account has a credit balance as of the day we receive that payment. Generally, credits to your account, such as those generated by merclLante or by person-to-person money transfers are sot treated as payments and will not reduce your 't'otal minrum Payment Due. ACH PAYMENTS We process most payment checks electronically. We use the information on your check to create an electronic funds transfer. Each tubs you send a check, you authorize a one-time electronic fends transfer. You also authorize us to process your check as a check or paper draft, as necessm funds may be withdrawn from your account as soon as t same day we receive your payment. You will not receive your cancelled check use we are required to destroy it. We will retain an electronic copy. For more information or to stop the conversion of your checks into electronic funds transfers, call us at the phone number listed on the front of your monthly statement. You may also write to us at: P.O. Sox 15019, Wilmington, DE 19850-5019- TOTAL MINIMUM PAYMENT DUE You may pay your total outstanding balance at any time. continued) Each billing cycle, you must pay at least the Total Minimum Payment DDue shown The 'f' yatal Minimli msPaym nt Dueiis the sum of all past due amounts plus the Current Payment. The Current Payment for each billing cycle includes three amounts: (1) 1.005E 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 gayment 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 CI .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 ftp Pa eats received after 5 p.m Eastern time on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the nest day. Credit for any other payments may be delayed up to five days. HOW WE ALLOCATE YOUR PAYMENTS We will allocate your payments in the manner we determine. In most instances, we will allocate your payments to balances (including transactions made after your latest statement) with lower APRs before balances with higher APRs. This will result in balances with lower APRs (such as new balances with promotional APR offers) being paid before any other existing-balances. PROMISE TO PAY APPLIES TO ALL PERSONS All persons who initially or subsequently request, accept, guarantee or use the account are individually and together responsible for any total outstandin& balance. If you and one or more persons are responsible to pay any total outstanding balance we may refuse to release any of you from liability until ;hl of the cards, access checks, and other credit devices outstanding under the account have been returned to us and you repay us the total outstanding balance owed to us at any time under the terms of this Agreement. DEFAULT You will be in default of this Agreement if: (1) _you fail to make any required Total Minimum Payment Due by its Payment Due Date; (2) your total outstanding balance exceeds your credit limit; or 83) you fail to abide by any other term of this Agreement. Uur failure to exercise any of our rights when you default does not mean that we are unable to exercise those rights upon later default. WHEN WE MAY REQUIRE IMMEDIATE REPAYMENT If you are in default, then in addition to our other remedies under this Agreement, we can require immediate ppayymment of your total outstanding balance and, unless rohiIt'= by applicable law and except as otherwise provided under the Arbitration and Litigation section of this Agreement, we can also require you to pay the costs we incur in any collection proceeding, as well as reasonable attorneys' fees if we refer your account for collection to an attorney who is not our salaried employee. OTHER PAYMENT TERMS We can accept late payments, partial payments, or payments with any restrictive writing without lasing any of our rights under this Agreement. This means that no payment, including those marked with "paid in full" or with any other restrictive words, shall operate as an accord and satisfaction without the prior written approval of one of our senior officers. You may not use a postdated check to make a payment. If you do postdate a payment check, we may elect to honor it upon presentment or return it uncredited to the person that presented it, without in either case waiting for the date shown on the check. We are not liable to you for any lose 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 ou . when these options are available. If you omit a paymenyor make a reduced payment, finance charges applicable fees, and other regular transactions, if any, will accrue on your account balances in accordance with this Agreement. The reduced payment amount may be less than your finance charges. You must make the reduced payment on time to avoid a late fee. You must resume malting your regular Total Minimum Payment Due each 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 , must not be more than your credit limit. If you attempt a transaction which results in your total outstanding balance (plus authorizations) exceeding your credit limit, we ma .. (1) permit the transaction without raising your credit limit; (2) permit the transaction and treat the amount of the transaction that is more than the credit limit as immediately due; or (3) refuse to permit the transaction. If we refuse to permit the transaction, we may advise the person who attempted the transaction that it has been refused. If we refuse to permit a Check Cash Advance or Balance Transfer we may do so by advising the person presenting the Click 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 atro charge an Overlimit Fee as provided in this Agreement. WE MAY AMEND THIS AGREEMENT We may amend this Agreement at any time. We may amend it by addin deleting, or changing provisions of this Agreement . We may increase or decrease any or all of your Rs. We may increase any or all of your APRs to rates which exceed the Default Rate. When we amend this Agreement we will comply with the applicable notice requirements of federal and Delaware law that are in effect at that time. The amended Agreement (including any higher rate or other higher charges or fees) will apply to the tots) outstanding balance, including the balance existing before the amendment became effec ive. If an amendment gives you the opportunity to reject the change, and if you reject he change in the manner provided in such amendment, we may terminate your right to receive credit and may ask you to return all credit devices as a condition of your rejection. We may replace your card with another card at any time. WE MAY SUSPEND OR CLOSE YOUR ACCOUNT We may suspend or close your account or otherwise terminate your right to use your account. We may do this at any time and for any reason. Your obligations under this Agreement continue even after we have done this. You must destroy all cards, access checks or other credit devices on the account when we request. YOU MAY CLOSE YOUR ACCOUNT You may close your account by notifying us in writing or by telephone, and destroying all cards, access checks or other credit devices on the account. Your obl?gations under this :agreement continue even after you have done 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 attempting to use your account after you have requested to close the account, we may allow the transaction to be charged to your account. REFUSAL TO HONOR YOUR ACCOUNT We are not liable for any refusal to honor your account. This can include a refusal to honor your card or account number or any check written on your account. We are not liable for any retention of your card by us, any other financial institution, or any provider of goods or services. HOW YOU MAY STOP PAYMENT ON AN ACCESS CHECK You may request a stop payment on an access check by providing us with the access check number, dollar amount and payee exactly as they appear on the access check. Oral and written stop payment requests on an access check are effective for six months from the day that we place the stop payment. YOU MAY NOT POSTDATE AN ACCESS CHECK You ma not issue a postdated access check on your account. If you do postdate an access check, we may elect to honor it upon presentment or return it unpaid to the person that presented it to us for payment, without in either case 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 procedures provide that the currency conversionor rate to be used is either (1) a wholesale market rate (2) a government-mandated rate in effect one day prior to the rocessing 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. We may offer you certain benefits and services with your account. An benefits or services are not a part of this Agreement, but are subject to the terms and restrictions outlined in the benefits brochure and other official documents provided to you from time to time by or on behalf of Bank of America. While any benefits or services described in the previous sentence are not a part of this Agreement, any craim or dispute related to any such benefit or service shall be subject to the Arbitration and Litton section of this Agreement. We may adjust, add, or delete benefits and services at any time and without notice to you. WE MAY SELL YOUR ACCOUNT We may at any time, and without notice to you, sell, assign or transfer your account, any sums due on your account, this Agreement, or our rito or obligations under your account or this Agreement to any, person or entity. The person or entity to whom we make any such sale, assigriment or transfer shall be entitled to allof our rights and;or obligations under this Agreement, to the extent sold, assigned or transferred. YOU MUST NOTIFY US WHEN YOU CHANGE YOUR ADDRESS We strive to keep accurate records for your benefit and ours. The post office and others may notify us of a change to your address. When you change your address, you must notify us promptly of your new address. WHAT LAW APPLIES This Agreement is made in Delaware and we extend credit to you from Delaware. This Agreement is governed by the laws of the State of Delaware (without regarded 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 1.800.789.6101. ARBITRATION AND LITIGATION This Arbitration and Litigation provision applies to you unless you were given the opportunity to reject the Arbitration and Litigation pprovisions and you did so reject them in the manner and timeframe required. If you did reject effective)y such a provision, you agreed that any litigation brought b you gainat us regarding this account or this Agreement shall beabrought in a court located in the State of Delaware. Any claim or dispute (."Claim") by either you or us against the other, or against the employees, agents or assigns of the other, arising from or relating in any way to this Agreement or any prior Agreement or your account (whether under a statute, in con-tract, tort, or otherwise and whether for money damages, penalties or declaratory or equitable relief), shall, upon election by either you or us, be resolved by binding arbitration. The arbitrator shall resolve an Claims, including the applicabili ty of this Arbitration and litigation Section or the validity of the entire dement or any nor Agreement exceeppt? for any Claim challengi' the validity of the Class Action Waiver, which shall be decided by a court. In addition, we will not choose to arbitrate an individual Claim that you bring against us in small claims court or an equivalent court, if any. But if that Claim is transferred, removed or appealed to a different court, we then have the right to choose arbitration. Arbitration shall take place before a single arbitrator and on an individual basis without resort to any form of class action. Arbitration may be selected at any time unless a judgment has been rendered or the other party would suffer substantial prejudice by the delay in demanding arbitration. effect at the time the Claim is filed. Rules and forms of the National Arbitration Forum may be obtained and Claims may be filed at any National Arbitration Forum office, www.arb-fornm.com, or P.O. Boa 50191, Minnapop?hs, )Minnesota 55405, telephone 1-800-474.-2371. If the N . is unable or unwilling to act as arbitrator, we may substitute another nationally recognized, independent arbitration orgaation that uses a similar code of procedure. At your wnttnizen request, we will advance any arbitration filing fee, administrative and hearing fees which you are required to pay, to pursue a Claim in arbitration. e arbitrator will decide who will be ultimately responsible for a.Mg those fees. If u file a claim against us, in no even will you be required to reimburse us for any arbitration filing, administrative or hearing fees in an amount greater than what your court coats would have been if the Claim had been resolved in a state court with jurisdiction- Any arbitration hearing at which you appear will take place within the federal judicial district that includes your billing address at the time the Claim is filed. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 TS-C. §§ 1-16 C FAA"). Judgment upon any arbitration award may be entered in any court having (continued) }urisdiction. The arbitrator shall follow existing substantive law to the extent consistent with the FAA and applicable statutes of limitations and shall honor any claims or privileggee recoIIggnized by law. If any party requests, the arbitrator sha write an opinion containing the reasons for the award. No Claim submitted to arbitration is heard by, a 'ury or may be brought as a class action or as a privaie attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim submitted to arbitration (Class Action Waiver). The parties to this Agreement acknowledge that the Class Action Waiver is material and essential to the arbitration of an disputes between the parties and is nonseverable from this agreement to arbitrate Claims. If the Class Action Waiver is limited, voided or found unenforceable, then the parties' agreement to arbitrate (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Glass Action Waiver- The Parties acknowledge and agree that under no circumstances will a class adtion be arbitrated. This Arbitration and Litigation Section applies to all Claims now in existence or that ma arise in the future. This Arbitration and Litigation ion shall survive the termination of your account with us as well as any voluntary payment of the debt in full by you, any bankrup cy by you or sale of the debt by us. For the purposes of this Arbitration and Litigation Section, we" and "us" means FIA Card Services, N.A., its parent, subsidiaries affiliates, licensees, predecessors s?ccessora, assigns, anti any purchaser of your account, anA ell of their officers directors employees, agents and assigns or any and all of them. Additionally, "we" or "us" shall mean any third party providing benefits services, or products in connection with the account (including but not limited to credit bureaus, merchants that accept any. credit device issued under the account, rewards or enrolment services, credit insurance companies, debt collectors and all of their officers directors, employees and agents) if and only if, such a third party is named by you as a co-de?endant in any Claim you assert against us. YOUR BILLING RIGHTS Keep This Notice for Future Use:`lhis notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Not'I Us in Case of Errors or Questions About Your Bill! f you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a marate sheet (or use a copy of the form provided on your ) at Bank of America orporation, .O_ Box 15026, Wilmington, DE 19850. Write to us as soon as possible. Do not send the notice on or with your payment. We must hear from you no later than 60 days after we sent you the first bill on which the transaction or error appeared. You can telephone us, but doing so will not reserve your rights. In your letter, give us the following, information: l1) your name and account number; (2) the dollar amount of the suspected error. (1) the posting date of the transaction in question; and (41 a description of the error and an explanation, if you can, of why you believe there is an error. 1 you need more information, describe the item you are not sure about. automatically from your savings or checking account with us, you can stop the payment on any amount you think is wrong. To stop the pa ent your letter must reach us three business days before the automatic payment is scheduled to occur. Your Rights and Our Respponsibilities After We Receive Your Written Notice: We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you qquestion or report you as delinqquent. We can continue to bill you for the amount you question] including finance charges, and we can ap ly any unpaid amount against your credit limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay an finance charges related to any questioned amount. if we did not make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send qou 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 satisfy you and you write to us within twenty-five (25) days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill, and we must tell you the name of anyone we report you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we do not follow these rules, we cannot collect the first $50 of the questioned amount, even if your bill was correct. Special Rule for Credit Card Purchases: If you have a problem with the guality of the property or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the roperty or services. There are two limitations on this rit (1) You must have made the purchase in IN 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. ®2007 Bank of America Corporation. All rights reserved. If you nave authorized us to pay your credit card bill VERIFICATION 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 KENNETH H COOPER owes the balance of $6,422.85 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:g/" ?) A7--;:,- MAR272012 D Authorized Representative SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff of cual;,yrt OFD , Jody S Smith Chief Deputy Richard W Stewart Solicitor sir? J?! :' 12 AM 8: 1 r, PEP, SYLVA111116, Cach, LLC Case Number vs. 2012-3259 Kenneth H. Cooper SHERIFF'S RETURN OF SERVICE 05/31/2012 06:30 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on May 31, 2012 at 1830 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kenneth H. Cooper, by making known unto himself personally, at 21 OR Summer Lane, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $43.00 June 04, 2012 STEPHE BENDER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Shenff, Teleosoft, Inc. Law Firm of Allan C.Smith, P.C. The Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, Pennsylvania 19007 (215) 428-0666/Fax (215) 428-0740 ID#204756/Attorney for Plaintiff CACH, LLC. IN THE COURT OF COMMON PLEAS 4340 S. MONACO STREET - 2ND FLOOR CUMBERLAND COUNTY, PENNSYLVANIA DENVER, CO 80237 CIVIL ACTION Plaintiff(s), vs. DOCKET NO.: 12-3259 civil KENNETH H COOPER ORDER TO SATISFY OR SETTLE Defendant. DISCONTINUE AND END TO THE PROTHONOTARY OF CUMBERLAND COUNTY: ❑ Kindly mark the Judgment in the above matter as Satisfied. This case is now closed. ® Kindly mark the above case Settled, Discontinued and Ended WITHOUT prejudice and without costs against either party. OR ❑ Please mark the above matter: R,, co > wr P rJ T�^ .'T Date: March 14. 2013 By: ALLAN- S TH, ESQ.