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12-4346
r ' COMMONWEALTH Of PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT :::F<- r NOTICE OF APPEAL. FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL //,3544 Ovdreml Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the dote and in the case rnentioned below u,. A077- -<:72 ADDRESS Of AFFVA" /CITY STATE ZIP CODE /jam- Cv2QKA LT 20_ Tx' This block will be signed ONLY when this notation is requined under JP. lVn 10088, This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after Signature of Prothonotary or Deputy _ I filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary er of Enter rule span S'/d?? ll? f3 ?Prc?%Fig 64-td brad s). to file a complai t in INS apped ,/ Mane of ar?oeueel- (Cor,mon Pleas Na 161 -,V37 & 0 / .) Tarm _) within twenty (20) days after service of rule or suffer entry of judgment of non pros, J/AC?I C-? fit/ ?" Q? G ?? sgmo" of appea& or ?a 8"W" or agent RULE: To appellee(s). .10 Aroma d eaw#ee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mal is the date of mailing. Date: -5 43 .20U-. p sgrl.r.e ar a? now AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY ?y -t??t7 qpl oc ?o t VINVAJ ON §ft n j ?' :eI Nd E I fnp COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil Case Mag. Dist. No: MDJ-09-3-03 MDJ Name` Honorable Susan K. Day Address: 229 Mill Street P.O. Box 167 Mount Holly Springs, PA 17065 Telephone: 717-486-7672 Joel A Williams 10 Maurice Rd Mt Holly Springs, PA 17065-1103 Disposition Summary Docket No Plaintiff Defendant MJ-09303-CV-0000049-•2012 Cavalry SPV I, LLC, as assignee Joel A Williams of Bank of America/FIA Card Services, N.A. Cavalry SPV I, LLC, as assignee of Bonk of Amerira/FIA Card Services, N.A. V. Joel A Williams Docket No: MJ-09303-CV-000004-2012 Case Filed: 3/6/2012 IA01001- III Diso?ition Date Disposition Judgment for Plaintiff 06/14/2012 Judgment Summary Participant Joint/Several Liability Individual Liability Cavalry SPV I, LLC, as assignee of Bank of $0.00 $0.00 $0. 0 America/FIA Card Services, N.A. Joel A Williams $0.00 $10,167.15 $10,167.'5 Judgment Detail (*Post Judgment) In the matter of Cavalry SPV I, LLC, as assignee of Bank of America/FIA Card Services, N.A. vs. Joel A Williams on 6/4/2012 the judgment was awarded as follows: Judament Component JointlSeveral Liability Individual Liability Deposit Applied Am t Filing Fees S0.00 $158.00 $158.00 Civil Judgment 50.00 $10,009.15 $10,009.'5 Grand Total: $10,167.'S ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FUL , SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 1 I f/ (/L o LBDate Magisterial District Judge Susan K. Day certify that this is a true an correct copy o the record o the proceedings containing the judgment. i i Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 06/21/2014 8:11:26AM I Cavalry SPV I, LLC, as assignee of Bank of America/FIA Card Services, N.A. v. Joel A Williams Participant List Docket No.: MJ-09303-CV-0000049-2012 r? COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT COMMON PLEAS Ns 1_6( NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas on appeal from the judgment rendered by the District Justice on the dote and in the case mentioned below. I MAG ow No OR NA . Z': 7 v UIT ' ATE Lir "A09 fC? 91.?•e/?'? =? ?° .,??©,9l?` /L?-F , ?-`t ? Vii, .,?.. ;..? _. ?'c. ? ? -.?%.-_ `/ / rosrerww) DATE OF JUDG?W T E APML oN HS A NEY Oft AUNT Cv 2n/•?. ? O ?.r1//rte'; .yy '??% -' .. LT 20 This block will be sgned ONLY when this 'notation is required under P.JP. No, 10088. This Notice of Appeal, when received by the District Justice, will operate ,, a SUPERSEDERS to the judgment for possession in this case Or ulpury If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1 99 1(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be sewed upon appellee). PRAECIPE: To Prothonotary "?- Enter rule upon file a complaint in this appeal Warne d apperbel s) i . (C? Pleas No. Vi l fil' ) within twenty 2) days after service of rule or suffer entry of judgment of non pros. Sign AM of Wl a• hs ow" or arm Name Of apPea S) (1) You are notified that a rule is hereby entered upon you to fib a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered nail (2) If you do not file a complaint wit6n the time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule 0 service was by marl is the date of mailiro t lis t - Dade: . 2DL?_ . SWORM of A00100 0y or 04u* COURT FILE ka THE PROTHONt iAR ` 2012 JUL 20 PM 3 13 ,?UMBEF'LANO C,CUNT'' SYt.VA TA -WAL AN P" _ lTh+s prc Lod 9ew C EC7 WI NFN MT(10) rhV" ArrER ft;- ? ?I? tSC L !t' AFRO - , GAA CIAO j C? fl a t M ?r+t;.w, d- ?! a.? V ? „gn ?: w i ni m Wifl-Ti-i r -, I ?,. 114 i. Postage S R O Certified Fee s, _ 2v stal S • ervice-r. C3 O Return Fee (Endorsement Requtired) P P* i Q' r1 i CERTIFIED On MAILT. REC ; No Insurance Co l EIPT verage O r Restricted Delivery Fee (Endorsement Required) $1], t]Ilt M l? • y Total Postage & Fees $ j ?.'_.l.._._._. $5.75 \l7{ 4* Qj? r-q S T $1? ._ it ent o ? ` ? Q rl Postage e Fee $ .95 S -------------------- - Apt ----- No.; t -- PO Box N -- ?LC/ City State ZIP+4 C3 ` <.a Postmark AC a , /?e' rG y 4 y O 3 Return R Fee (Endorsement JRired) J $? • ` Here r n n r. PS Form 3: . August See Reverse for InstructiorT= ResVkteed DFee `s$)1 i 1111 `? ? (Endorsement Required) U (i n N ?17?K1/?ft O Total Postage & Fees $5 c $ , 1 -14 ----- - ° ----------------------- -- or PO No- Z M/Lbs ]-'2 ee-7` .-----.-------- ?d vx-l -- ----- ,..Z. zzz irate .._... .. . _ - COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAVALRY SPV I, LLC, AS ASSIGNEE OF : BANK OF AMERICA/FIA CARD SERVICES, : N.A., Plaintiff VS. JOEL A. WILLIAMS, Defendant CIVIL ACTION CASE NO.: 12-4346 NOTICE r.n ?,. - . cn r ? ? YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WIT TWENTY (20) DAYS AFTER THIS COMPLAINT IS SERVED, BY ENTERING A WRIT APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITH, YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITH, FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR 2 OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MO' OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO'. HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAT WILL BE USED FOR THAT PURPOSE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 DOUGLAS M. MARINOS & ASJaOCIATES'-V.C. By:s Jor . P rei a, Esquire A . # 5242, Atty for Pla 10 . Ce ar Crest Boulevard All t , PA 18104 (610) 434-2814 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAVALRY SPV I, LLC, AS ASSIGNEE OF : BANK OF AMERICA/FIA CARD SERVICES, : N.A., : CIVIL ACTION Plaintiff : CASE NO.: 12-4346 vs. JOEL A. WILLIAMS, Defendant COMPLAINT 1. Plaintiff, Cavalry SPV I, LLC, As Assignee of Bank of America/FIA Services, N.A. ("Cavalry") is a limited liability company with an address of 500 Summit Lake Suite 400, Valhalla, New York, 10595. 2. Defendant, Joel A Williams, is an adult individual with an address of 10 Road, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. COUNTI BREACH OF CONTRACT 3. On or about June 22, 1994, upon Defendant's oral request, MBNA issued Defendant a credit card, account no. 74972173496507, subject to the terms and conditions of Cardmember Agreement ("Cardmember Agreement"). A true and correct copy of the C Agreement is attached hereto, made a part hereof and marked as Exhibit "A". 4. On or about June 10, 2006, MBNA America Bank, National Association its name to FIA Card Services, National Association. A true and correct copy of the Secretar?'s Certificate is attached hereto, made a part hereof and marked as Exhibit "B". 5. On or about June 28, 2011, Cavalry SPV I, LLC purchased the account from tl? original creditor, Bank of America/FIA Card Services, N.A.. A true and correct copy of the Bill Sale is attached hereto, made a part hereof and marked as Exhibit "C". 6. Defendant has incurred charges for purchases, interest, cash advances and/or finance charges in the amount ofNINE THOUSAND ONE HUNDRED FIFTY-TWO AND 48/1 DOLLARS ($9,152.48) (comprised of the principal amount of FIVE THOUSAND HUNDRED SEVEN AND 89/100 DOLLARS ($5,107.89) and interest in the amount of THOUSAND FORTY-FOUR AND 59/100 DOLLARS ($4,044.59)) as of July 31, 2012. True correct copies of account statements are attached hereto, made a part hereof and marked as «D„ 7. Defendant's obligations are based on a subsisting debt, were in writing and from a preexisting account. 8. Pursuant to the Agreement, Cavalry may declare all amounts due under the Agreement immediately due and payable without notice or demand. 9. Pursuant to the Agreement, Defendant is required to pay all the attorney's Cavalry incurred in exercising its right to collect, which Cavalry anticipates to be in the amount ONE THOUSAND SIX HUNDRED SIXTY-EIGHT AND 29/100 DOLLARS ($1,668.29). 10. As of July 31, 2012, Defendant is indebted to Cavalry under the Agreement in the amount of NINE THOUSAND ONE HUNDRED FIFTY-TWO AND 48/100 ($9,152.48), plus interest accruing from and after July 31, 2012 at the per annum rate of 24. A true and correct copy of the Affidavit of Claim is attached hereto, made a part hereof and as Exhibit "E". WHEREFORE, Cavalry demands judgment against the Defendant in the amount TEN THOUSAND EIGHT HUNDRED TWENTY AND 77/100 DOLLARS ($10,820.77))(comprised of real debt in the amount of NINE THOUSAND ONE FIFTY-TWO AND 48/100 DOLLARS ($9,152.48) and anticipated attorney's fees in the amount ?f ONE THOUSAND SIX HUNDRED SIXTY-EIGHT AND 29/100 DOLLARS ($1,668.29)) interest from and after July 31, 2012, at the per annum rate of 24.98% and costs of suit. COUNT II BREACH OF CONTRACT IMPLIED IN LAW 11. Cavalry incorporates paragraphs 1 though 10 as if fully set forth herein. 12. Pursuant to the account statements attached hereto as Exhibit "D", agreed and confirmed the account balances stated in the statements, and made payments toward balances. 13. On each and every statement provided to Defendant, the Previous B Payments and Credits, Purchases and Adjustments and Periodic Rate Finance Charges were stated. 14. Additionally, on each and every statements provided to Defendant, the interest rate, both Daily Periodic and Annual Percentage, were clearly stated. 15. Defendant's course of conduct clearly established Defendant's acceptance) of the terms and conditions set forth in the Agreement. 16. Defendant has defaulted on her obligation to make payments to Cavalry by failing to make monthly payments from and after October 25, 2008. 17. Pursuant to the Agreement, Cavalry may declare all amounts due under Agreement immediately due and payable without notice or demand. 18. Pursuant to the Agreement, Defendant is required to pay all the attorney's Cavalry incurred in exercising its right to collect, which Cavalry anticipates to be in the amount Of ONE THOUSAND SIX HUNDRED SIXTY-EIGHT AND 29/100 DOLLARS ($1,668.29). 19. As of July 31, 2012, Defendant is indebted to Cavalry under the in the amount of NINE THOUSAND ONE HUNDRED FIFTY-TWO AND 48/100 ($9,152.48) plus interest from and after July 31, 2012 at the rate of 24.98%. WHEREFORE, Cavalry demands judgment against the Defendant in the amount TEN THOUSAND EIGHT HUNDRED TWENTY AND 77/100 DOLLARS ($10,820.77))(comprised of real debt in the amount of NINE THOUSAND ONE FIFTY-TWO AND 48/100 DOLLARS ($9,152.48) and anticipated attorney's fees in the amount ONE THOUSAND SIX HUNDRED SIXTY-EIGHT AND 29/100 DOLLARS ($1,668.29)) interest from and after July 31, 2012, at the per annum rate of 24.98% and costs of suit. COUNT III UNJUST ENRICHMENT 20. Cavalry incorporates paragraphs 1 through 19 as if fully set forth herein. 21. Defendant has been unjustly enriched by her use, acceptance, and of the goods and services purchased by using cash on demand account without making payments to Cavalry. 22. As of July 31, 2012, Defendant is indebted to Cavalry under the in the amount of FIVE THOUSAND ONE HUNDRED SEVEN AND 89/100 ($5,107.89). WHEREFORE, Cavalry demands judgment against the Defendant in the amount of FIVE THOUSAND ONE HUNDRED SEVEN AND 89/100 DOLLARS ($5,107.89) and costs Of suit. DOUGLAS M. MARINOS & ASSOCIATES, P.C. 75242 BtAllown, ereira, Esquire or Plaintiff dar Crest Boulevard PA 18104 (610) 434-2814 ATTORNEY VERIFICATION I, JORGE M. PEREIRA, ESQUIRE, do hereby verify that I am the Attorney for Cavalry SPV I, LLC, As Assignee of Bank of America/FIA Card Services, N.A., that I am authorized to make this verification on its behalf and that the Plaintiff is unavailable to make Verification and that the facts set forth in the attached pleading are true and correct to the best of knowledge, information and belief and that the source of my information is interviews with my and the Plaintiffs filed documents. Verifier understands that false statements herein made are subject to the penalties of 18 C.S. Section 4904, relating to unworn falsification to authorities. Dated: ?0) [19- Esquire COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV CAVALRY SPV I, LLC, AS ASSIGNEE OF : BANK OF AMERICA/FIA CARD SERVICES, : N.A., : CIVIL ACTION Plaintiff : CASE NO.: 12-4346 VS. JOEL A. WILLIAMS, Defendant CERTIFICATE OF SERVICE I, JORGE M. PEREIRA, ESQUIRE, do hereby certify that on July 31, 2012, I served a true and correct copy of Plaintiff's Complaint in response to Defendant's on the persons set forth below by certified mail, which service satisfies the requirements of Pennsylvania Rules of Civil Procedure and local rules, at the address noted below: Certified Mail No: 7011 1570 0001 0287 9173 Joel A. Williams 10 Maurice Road Mt. Holly Springs, PA 17065 DOUGLAS M. MARINOS & AS8OCIA4ESA6.h 0 Jor Y P ' feira, Esquire 75242, Atty for Pla 01 C ar Crest Boulevard PA 18104 (610) 434-2814 EJCEIIBIT A Gdit Card Aprmwt General In this Credit Card Agreement, the words "you" and .`your" refer to eacfi and all of the persons who accept a credit card issued by us or under an account we hold. This Agreement consists of this document and the terms and conditions set forth In the Required Federal Disclosures that appear on the accompanying card carrier. The words, `'we," "us," "our" and "MBNA America" mean MBNA America Bank, N.A. When you accept or use the account. you agree to the terms in this Agreement. You should sign your card before you use It, By accepting or using this account, you authorize MBN America Bank, NA to record your calls with the bank and consent to that recording.. How To Use Your Card You may use your card to purchase, rent or lease goods or to purchase services ("purchases") from persons who honor the card. You may also obtain loans ("cash advances") from us, or from any bank that accepts the card, or by using checks we may provide to you for that purpose, or by using your card at an Automated Teller Machine ("ATM"). You may use the checks we provide you for any bona fide purpose except that you may not use them to make a payment on this or any other:credit account with us. Certain establishments may.cash your personal checks upon presentment of your card. In the event we are required to pay the amount of a check cashed in this way because the check is not paid for any reason, we will charge your account for a cash advance in the amount of the check and any processing charge we actually incur. If you permit any person to have access to your card or account number with the authorization to make a charge, you may be liable for all charges made by that person including charges for which you may not have intended to be liable. You promise to pay us the amounts of all credit you obtain, any charges and insurance premiums we charge against your account, and Finance Charges. You may pay the entire amount outstanding at any ti me You must pay each month at least the minimum payment on your monthly statement. If you overpay or if a credit balance is otherwise created in your account, we will not pay interest on such amounts, Your payment will be allocated in a manner we determine. All payments will be credited to your account for the billing cycle in which payment is received. Minimum monthly payments cannot be made in advance and payments made in any billing cycle which are greater than the minimum payment due will not affect your obligation to make subsequent minimum payments each month. We can reject payments not denominated in U.S. dollars or not drawn on a U.S. Bank. No payment shall operate>as an accord and satisfaction without the prior written approval of a-Senior Officer of MONA.America Bank, N.A. Char eS Made In Fvr? rt C?rrenc If you incur a charge in a foreign currency, the charge wil be converted by Visa International or MasterCard intematonal, depending on which card you use, into a U.. dollar amount in accordance with the operating regulatioij or conversion procedures in effect at the time that the transaction is processed. Currently, those regulations and procedures provide that the currency conversion rate to b? used is either (I) a wholesale market rate or (2) a governmentmmandated rate in effect one day prior to the processing date, increased by one percent in each case. Visa or MasterCard retains this one percent as compensation.for performing the currency conversion service. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or the posting date. We may allow you, from time: to time, to: omit a monthly payment.. We will notify you when this option is avallable. you omit a payment, Finance Charges and insurance premiums, if any, will accrue on your balance in accordanc 2. with this Agreement-Minim-um payments will resume following your payment holiday. A billing cycle ends on the closing date of the current monthly statement and begins on the day after the cl+ date of the preceding. monthly statement. r Other Ovedimit Fee: The overlimit fee shown on your card carrier will be assessed as of the date your account exceeds your credit limit unless you cure the overlimit problem by the end of the billing cycle. If your account is overl Imit at the beginning of a billing cycle, the overlimit fee will be assessed on the first day of that billing cycle unless you cure the overlimit problem by the end of the billing cycle. Abandoned Property Charges: Unless prohibited by applicable law, we will charge your account, as a purchase, for any costs associated with complying with state abandoned property laws. Additional Charges: Please review the accompanying car( carrier for additional charges that may apply to your account I mur".ce and Cast Dwe Enrollment: Only one Customer per account Is eligible. When you enroll, you will be mailed your certificates explaining your coverage and indicating your effective date To enroll, you must be under age 66 (age 70 in AZ, NV, VA ago 71 in FL, GA, M1, MO and OK). Credit life insurance and disability Insurance terminate at these ages. In Texas, unemployment insurance terminates at age 66, For unemployment coverage, you must be gainfully employed and working, at;least;30 hours a week (not self-employed' or an independent contractor) for at least 90 consecutive days before date of lass (in Colorado, before application date; in Texas, before the effective date of coverage): Unemployment and Dlsabft Benefits and Terms: Monthly payments are limited to the minimum amount due (except in MI and. NY) on your account, excluding.past due or over-credit-line amounts. In the event you become involuntarily unemployed due to job loss, general strike, unionized labor dispute or lock-out, or totally disabled 3 due to sickness or injury and cannot perform the material and substantial duties of your job, payments will be rnadA for up to 12 months" or until you return to work, whichever comes first. Total benefits will be paid up to th least of your insured outstanding balance at the date of loss, the amount of your credit limit, or $15,000. Benefits begin after the 30th consecutive day of your unemployment or disability. In New York, for strikes, unionized labor disputes, and lockouts, this benefit begir after you have been unemployed for 7 consecutive weeks and you qualify for state unemployment benefits. For Michigan and New York residents, the disability benefit 1 /30th of the monthly benefit for each day of disability over 30 days. in Michigan., the monthly benefit equals 5%, the lesser of the balance due under your account on the first day+of disability or 815,000: In New York, the monthly benefit equals, the minimum monthly payment due on th4 date of loss. Unemployment insurance does not cover retirement, resignation, voluntary forfeiture of income, job loss because of willful. or criminal misconduct or disability otherwise covered or expressly. excluded by ColdPlus (Strike coverage is not available in Illinois. Military discharge is not available 'In New York.) Disability insurance dues not cover losses :caused by normal pregnancy lexcept in CA, MA and NV) or childbirth lexcep in. CA, MA, NC, NV, NY and VAL intentionally self-inflected injuries (except in MCA), or a condition which required medical diagnosis or treatment in the six months before your coverage began if the loss occurs in the first six months of coverage (except in Nj). We and Dismemberment Insurance Senefeta & Terms Payment will be made in the amount of the insured out- standing balance at the time of death or dismemberment (not to exceed the lesser of your credit limit or $15,000). Life insurance does not cover suicide during the first six months of coverage (except in MD or MO). Dismemberment is not available in CA, DE, ID, KS, NY, 'RI and WA. Costs: This insurance costs 60C per $100 per month (in Iowa 7.2c life-, 14.4c disability, 38:40 unemployment, in Idaho 8.60 life, 12.150 disability, 38.80 unemployment, in Virginia 6AC life, 8.6c disability, 451 unemployment and it Wisconsin 5.OC life; Mot disability, 45:(0 unemployment), 24.70 in Colorado, 42.890 in Connecticut, 58,840 in Maryland, 40.80 in Missouri, 54.30 in North Carolina, 48.7c 4 in New York OX life, 26,80 disability, 16:90 unemployment) and 33,7C in Texas (5.70 life. 121C disability 16C unemployment) of your insured average daily balance, except in Massachusetts, Minnesota and Vermont, where coverage is limited to life and disability insurance at a cos of 18AC in Massachusetts, 23c in Minnesota, and 1.5c in j Vermont 14;W for life and 5.60 for disability). Dismemberment premiums are waived. The average daily) outstandingbaMance used to calculate the GotdPlus premiur? Is not necessarily the same as the average daily balance (or Balance Subject to Finance Charge) used to calculate j finance charges, as displayed; on your monthly statement. AvagabiNty.: Thi's coverage is not available in Abbama. Maine. and_Pennsylvan)a. U'nderwrit+ers GoldPlus insurance coverages are offered through MBNA America, NA at 40303 !Christiana Road, Newark, DE 19713, and are underwritten by the following insurance companies at P.O. Box 503355, Atlanta; GA 30302. Unemployment by American Security under LOI 0/85), LOi-NY (3/93),. W S-A and AS-LOI-TX (6/92), by Standard Guaranty under SG-LG1(5/85) WN only); Life, Dismemberment and Disability by Union Security Life an Standard Guaranty Life (TX only) under L-1-Z and L+Z (153RA) (TX ;only). Soliciting agent for MS: Aaron B. Dupuy,l *P-mployees of professional corporations are eligible for enrollment. 'Disability benefits may exceed 12 months in California, Yo , rk, Tennessee, Texas and Wiscoainsinew Jersey, Neel MBNA American and GoldPluss are federally registered service marks of MBNA America Bank, N.A. Texas m W New York Ittsideft, OJW State law requires that we offer you coverage on a-separate basis if you wish to p odiase coverage separately,; please call I 2-6230 ext. #50: The appropriate applications will be sent to you. You will be offered certain Benefits which will be sub to the restrictions outlined in the Benefits Brochure provided to you by MBNA America, MBNA America reserves the night to adjust, add, or delete benefits and sen4ces at any time. 5: Reasons for Requiring Immediate Payme-nd You will be in default and we can require immediate payment of all amounts you owe if. iii you fail to make any required payment by the due date; (ii) your New Balance Total exceeds your credit limit or, if we have established a separate cash advance credit limit for you, your outstanding cash advance balance exceeds.your cash advance credit limit; or (iii) you fail to abide by any other terms of this. Agreement. If you default, unless prohibited by applicable law, we can also require you to pay collection and court costs we incur in a collection proceeding, and a:reasonable attorney's fee if we refer your account for collection to an. attorney who is not our salaried employee. Our failure to exercise any of our rights when you defaut does not mean that we are unable to exercise those rights upon later default. to Honor Your Card We are not liable for any refusal to honor your card or Premium Access Checks' or Preferred Access Checks or for any retention of your card by us, any other bank, or anj seller or lessor of goods or services. Termination We may suspend or terminate your rights to obtain cn at any time for any reason. Your obligations under this Agreement continue after the Agreement is terminated. Amendments We may amend the Agreement by complying with the. applicable notification requirements of federal law and those laws of the State of Delaware. Under current law, if we amend the Agreement to either increase the Finance charge on any balance or increase any other charge which is considered interest under Delaware law,. we may requrn you to pay the higher Annual Percentage Rate or other higher interest charges unless: 1) you write to us at the address and by the date stated in the notice and reject the amendment, and 2) your account is not used after a date specified in out notice. We may ask you to return all 6 credit devices as> a condition of your rejection. The amended Agreement (including the higher rate or other higher changes) will apply to the entire unpaid balance, including; the balance existing before the amendment became effective. We may replace your credit card with another card at any time. Credit Limit The total'amount of credit (purchases plus cash ad- vanes)' outstanding at any time, together with all charges added to your account, must not be more than your credit limit. Your credit limit is shown on your card carrier and generally on each monthly statement. We may change you credit limit or limits from time to tlme, and we will notify you if we do. We may also establish a separate credit limn for cash advances. If we do, your outstanding cash advance balance may not exceed this cash advance limit Request for Credit Over Your C,redft Limits If you request credit in any form which, if granted, would result in either your total outstanding balance, including authorized purchases not yet posted to your account, being morethan your credit limit or your cash advance balance being more than your separate cash advance credit limit, if we have established one for you, (whether o: not such balances before the request were more than the respective credit limit), we may. • Honor the request without permanently raising your credit limit; • Honor the request and treat the amount which is more than your credit. limit as immediately due; or • Refuse to honor the request. We may advise the person who made the request that it has been refused. If we refuse to honor a check, we may do so by advising the person presenting the check that credit has been refused, that there are insufficient funds to.pay the check, or in any other manner. If we have previously honored requests for credit over your credit lima, it does not mean that we will honor further overlimit requests. If we decide to honor such a request, we may assess an overlimit fee as provided inthi Agreement. 7 unautfior Use of Your Card You maybe liable for the unauthorized use of your can You will not be liable for unauthorized use that occurs after you notify us.at. MBNA America, PA Box 15©21, Wilmington, DE 118%. (Telephone 1-M-421-2110), orally or in writing, of the loss, theft, or possible unauthorized use. In any case, your liability will not exceed $% Law This: Agreement is made in Delaware. It is governed by the laws of the state of Delaware and by any applicable federal laws. You agree 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. If any part of this Agreement is found to be invalid, the rest remains effective. Our failure or delay in exercising al of our rights under this. Agreement does not mean that we are unable to exercise those rights later. All persons who initially or subsequently request, accei or use the account are individually and together responsible for any outstanding balance. if two or more persons. are responsible to pay any outstanding balance, we may refuse to release any of them from liability until a of the unexpired cards outstanding under the account have been returned to us and the balance is paid in full. From time to time, we may require you to provide us with updated credit information. We may report information relating to the use of this card to credit reporting agencies. You must return: all credit cards to us on request. AGMT90 (9195) ®1994 MBNA America Bank, . 8 O ??IT B ASSISTANT SECRFTARY'S CE,P.TIFICATE OF FU\ CARD SERVICES, NATIONAL ASSOCAITION 111e undersigned, Connie B. Smith, an Assistant Secretary of FIA Card Services, National Association (the "Association"), a national banking association organized and existing under the law's of the United States of America and having its principal place of business in Wilmington, Delaware, does hereby certify that } . Effective January 30, 1991, MBNA America, National Association changed its name to MBNA America Bank, National Association, Wilmington, Delaware, Clrarrter Number 22391- 2- Effective March 1, 2005, Fleet Bank (R1), National Association, Providence, Rhode Island, merged into and under Bank of A'`merica, National Association (USA), Phoenix, Arizona. Charter Number 22106. 3. Effective June 10, 2006, MBNA America Bank,National Association changed its name to FIA Card Sewices, National Association, Wilmington, Mlaware, Charter Number 22381. 4_ Effective Ocu&er 2J1, 2M6, Bath-of Aawetn h Pia oxtal A&odafim (USAJ, Phomix, Arizona, Chester Number 22,106, waxW l mute and under ibe Ammer aftd Wt of FAA fwd 'Services, Nab- *AA and ti m, W.. mtd &qOn, I rare,, C r Numb ft. 2091. I4 yam' WM WMMOF, I have bertxTon sat my band .and. a eil *e weal of said Association this 20111 daY of JWT, 2009_ Connie B. Si€th Assistgnt S y 92M C EICEIINT E Bank of America 4400. EXHIBIT C BILL OF SALE AND ASSIGNMENT OF LOANS The undersigned Assignor ("Assignor") on and as of the date hereof hereby absolutely sells, transfers, assigns, sets-over, quitclaims and conveys to Cavalry SPV I, LLC a limited liability company organized under the laws of Delaware ("Assignee") without recourse and without representations or warranties of any type, kind, character or nature, express or implied, subject to Buyer's repurchase rights as set forth in Sections 8.1 and 8.2, all of Assignor's right, title and interest in and to each of the loans identified in the loan schedule ("Loan Schedule") attached hereto (the "Loans"), together with the right to all principal, interest or other proceeds of any kind with respect to the Loans remaining due and owing as of the Cut-Off Date applicable to such Loans as set forth in the Loan Sale Agreement pursuant to which the Loans are being sold (including but not limited to proceeds derived from the conversion, voluntary or involuntary, of any of the Loans into cash or other liquidated property). DATED: June 28,2011 ASSIGNOR: FIA CARD SERVICES, N.A. A t? /"x /0 /. 0., , , , Name: Debra L Pellicciaro Title: Vice President Bulk 6/13/11 Fax: 302.458.0438 Bank of America, Asset Saks Deerfield III, 655 Paper Mill Bead, Newark, DE' 18711 Rft- W Paper %5cscheduleA_14826455[1].txt PURCHASE-DATE ACCT-NO CONTRACT-DATE ORIG-LAST-PAY-DATE 6/28/2011 74972173496507 6/22/1994 9/25/2008 CREDITOR INITIAL-BALANCE Bank of America/FIA Card services, N.A. 5107.89 ATLAS.FN-FULL-NAME(RR.NAME-U) SS-NO JOEL A WILLIAMS 179448851 Page 1 EXH ITD lrvp ev fur. JUtL A WILLIAMS May 2009 Statement F'A CAM SEMCEV Account Number.' 748 72173 4965 07 Cred/t Line: $2,500,00 CimhorCraft Avatlabie. 1 VtnfC www.fincsrdserviou.ow Summary of Transactions Bing Cyols and Pa yrme nt Information t l tw 1-eeE-2112-4205 Previous Balance $4,966.08 Days in Billing Cycle 30 T hearing-impaired 1-677.850-SM1 Payments and Creditp - $0.00 Closing Date 05/14109 Awpa wnw* kv Other Charges + $49,00 FIA CARD SERMCES Periodic Rate Finance Charges + $102.81 Payment Due Date 06/11/09 es + $0.00 Transaction Fee Finance Char Current Payment Due $114.00 WILMINGTON, MINGrON, DE lfleee-sots g Past Due Amou t $687 00 A.Ia9BNauirPortta, n New Balance Total $5 107 88 + . FIA CARD SEFIVICES , . Total Minimum P.O. BOX 15028 Payment Due ® wiLMINOTON, OE 10850-5028 Promotional Posting Transaction Reference Account Other Charges Offer ID Date Date Number Number Amount LATE rn PAYcrv DUE 05/13 03/14: 0001" 05/14 4966 49:00 N YOUR ACCOUNT IS SCHEDULED TO BE WRITTEN OFF AS A BAD DEBT THIS BILLING CYCLE. CALL 1-868-845-101eTO DISCUSS PAYMENT PLANS TO PREVENT THIS. Hvmotional Cotniq nri vAnnual APR Balance Subfect to Category Trarisaction Types Daly Periodic Rate Peryentsgs Rats Type F/nancs Chat's Balance Trarafers 0.0118438% 24.98% S .00 Cash Advances 0.0118438% 24.98% S $0.00 Other Charges 0.066138% 24.98% S $5,007.21 Annual Percentage Rate for this Billing Period: (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges that results in an APR which exceeds 24.9896 the Corresponding APR above.) APR Type Definitions: APR Type: S. Standard APR (APR normally in effect) 13 005107890007110000{]078000000074972173496507 Cheek Mle fora chug of me" adder or phone nunbe4g). FIA CARD SERVICES PMa ro e IOOIIe0l10M 011 r a! . 11 Y P.O. BOX 15019 WILMINGTON, DE 19886-5019 ACCOUNTNUMBER.• 749 72173 49115 07 NEWa/4LANCE TOTAL: $5,107.89 JOEL A WILLIAMS PAYMENT DUEDArE. 06/11/06 10MAURICE RD awAr.rrwwrewl..r MT HOLLY SPGS PA 17085-1103 MsxanrrPaym?tcoyoon.?bng IMt±Ire oheckortrwney adarpeysds ro: FM a4RD SERVICES 1:5 240 2 2 2 501: 167 5 2 173496507110 WACSdVIA JVtL A WILUAMS September 2008 Statement A=unf1V1Mb&. 749 72173 4965 07 Credit LMe: $2,500.00 Cash or CreditAvabbb: Forrra6r s#m En YEnrrAmlor»t kwt www.liamrdswvkmo.com Summary of TransaotonS 90no Cycle and PRyme M Information Ctlltoll-free 1-e00-477-9131 Previous Balance $4,317.20 Days in Billing Cycle 31 TDO hears g-enpaned 1-800-346-3178 Payments and Credits - $76.00 Closing Date 09/15108 Marl?ner 1 Other Charges + $0.00 FIACARDSERVICES Periodic Rate Finance Charges + $8.15 Payment Due Date 10/15/08 P.O. BOX 155725 00 Transaction Fee Finance Charges + $0 Current Payment Due $78.00 WILMINGTON, DE 19666-5726 , PaetDue Amount 00 $0 WBAVInomwapkr New Balance Total $4,447,3+5 Total) Minimum + . FIA CARD SERVICES P.O. BOX 16025 Payment Due WILMINGTON, DE 19850-5028 remotions Posting P ayments and Credits Offer ID Date Transaction Reference Account Date Number Number Amount PAY BY r,w,ec PAYMENT ?tJ 78:00 OR P)vmotionat COMINWOndIVAnnuar APR BAWWs Subysct to Category Trmusction Types Da* Awiodtc Rare Awwntape Rate Type Fsranca Chaw Balance Transfers 0.006164% 2.25% T :0.00 Cash Advances 0.00616496 2.25% T $0.00 Other Charges 0.006164% 225% T $4,265.80 Annual Percentage Rate for this Billing Period: 2.25% (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges that results in an APR which exceeds the Corresponding APR above.) APR Type Definitions: APR Type: T- Temporary APR (APR fo special olroum rwrices) 13 0042473500007800000078000000074972173496507 FIA CARD SERVICES GrekMnforraeMnaeorrrriipeddrwaphaxnurrbsKy P.O. BOX 15726 offiffibefi l mh i WILMINGTON, DE 19886-5726 ol 101111111 111 oil Bill 'i1"8111111111 all 11111'11 rlr r fl ACCOUNTNUAIM.• 749 721 73 4986 07 NEW SPILANCE 70TAL: $4,247.35 PAYMENT DUE DA7F.• 1011501 JOEL A WILLIAMS aeWft. 10 MAURICE RD MT HOLLY SPGS PA 17065-1103-105 Mad ft p/3~ 004wn alonD MOrh e check or money onjorpsysbte to: FIA CARD SERVICES 11:5240222501: L675203496507no WAIGHOVIA Prepared for.. JOEL A WILLIAMS July 2008 Statement Account Numbec 749 72173 4965 07 Credit Line: $2,500.00 Cash orCreditAv&lab/e: Fortnft7?w#on on YarrrAccount Visit www.fiacardservices.com Summary of Transactions Billing Cycle and Payment Information Call toll-free 1-800-477-9131 Previous Balance $4,456.50 Days in Billing Cycle 32 TDD hearing-impaired 1-800-346-3178 ments and Credits - $78 00 Pa Closin Dat 07/16/08 Mail P nts to: y . Other Charges + $0.00 g e FIA CARD SERVICES Periodic Rate Finance Charges + $6.69 Payment Due Date 08/14/08 15726 WILBOXMINGTOONN, , WILMINGTON, DE 19886-5726 Transaction Fee Finance Charges + $0.00 Current Payment Due $78.00 Mei1Billing f uines to. Past Due Amount + $0.00 FIA CARD SERVICES New Balance Total $4,387.19 Total Minimum P.O. BOX 15026 Payment Due IIMI WILMINGTON, DE 19850-5026 Promotional Posting Transaction Reference Account Payments and Credits Offer ID Date Date Number Number Amoun PAY BY PHONE PAYMENT 08/25 78.00 R Important AN IMPORTANT AMENDMENT TO YOUR ACCOUNT TERMS IS ENCLOSED. IMPORTANT INFORMATION REGARDING YOUR ACCOUNT IS ENCLOSED. Rornotionaif CorrasoondingAnnual APR Balance Subject to Category Transaction Types D&6( Periodic Rate Percentage Rate Type Finance Charg Balance Transfers 0.006164% 225% T $0.00 Cash Advances 0.006164% 225% T $0.00 Other Charges 0.006164% 2.25% T $4,407.10 Annual Percentage Rate for this Billing Period: 2.2 (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges that results in an APR which exceeds the Corresponding APR above.) _ APR Type Definitions: APR Type: T= Temporary APR (APR for special circumstances) 13 0043871900007800000078000000074972173496507 Check hero for a change of mailing address or phone number(s). FIA CARD SERVICES Prase wvide all corrections on the reverse aids. P.O. BOX 15726 , WILMINGTON, DE 19886-5726 ? ??? ? ? ? ? ? ?? ? ? ? ? ? ? ?? ? ? ? ACCOUNT NUMBER: 749 72173 4985 07 aet e ta at a aa aa aaa a e eaa ta a a aa ea a NEWE4LANCETOTAL: $4,387.19 PAYMENTDUEDATE.• 08/14/08 JOEL A WILLIAMS 10 MAURICE RD ewarAr=N 7M"ana..m. MT Nr1T.T.V CPr_C PD l 7 rlcS_i 1 n1_1 r1S Meif this payment coupon along with a check or money order payable to, FIA CARD SERVICES M 0 N 1:5 2 40 2 2 2 50f: L67521?3496SO ?III EXHIBIT E AFFIDAVIT OF CLAIM STATE OF NEW YORK ) SS COUNTY OF WESTCHESTER ) RE: Cavalry SPV I, LLC, as assignee of Bank of America/F1A Card Services, N.A. vs. JOEL A WILLIAMS 1, Giovanni Rodriguez, being duly sworn on oath, depose and say: 1. I am an agent and duly authorized representative for Plaintiff and am competent to testify to the matters set forth herein. 2. I am acting in the capacity of Legal Administrator for my employer Cavalry Portfolio Services LLC, a Delaware limited li bility company. Cavalry Portfolio Services, LLC performs recovery services for its affiliate, Cavalry SPV 1, LLC. In performing r covery services for Cavalry SPV I, LLC, I am familiar with and have access to the books and records of Cavalry SPV 1, LLC and of avalry Portfolio Services, LLC. 3. That the defendant, JOEL A WILLIAMS, the account holder(s), opened an account with Bank of America/FIA Card Selces, N.A. on 6/22/1994, which account became delinquent and was charged off on 5/30/2009 (the `Account"). 4. As of 11/29/2011, the balance due and owing by the account holder(s) on the account is $8299.51, which balance is comp ised of $5107.89 of principal balance and $3191.62 + $0 + $0 of other charges. The principal balance continues to accrue interest a of the date hereof at a rate of 24.98%. The account holder(s) have been credited for all payments, set-offs or other credits due. 5. That the Account was purchased by Cavalry SPV I, LLC on 6/28/2011 and the servicing and collection rights for the account were assigned by Cavalry SPV I,.LLC to Cavalry Portfolio Services, LLC. 6. In the normal course of business, Cavalry Portfolio Services, LLC maintains computerized account records for account h Iders. Cavalry Portfolio Services, LLC maintains such records in the ordinary and routine course of business and is charged with the duty to accurately record any business act, condition or event onto the computer record maintained for the accounts, with the entries made at or very near the time of any such occurrence. I have reviewed the applicable computer record as it relates to the Account, and I make this Affidavit based upon information from that review, and if called as a witness, I could testify to the matters set forth herein b ed on that review. 7. In connection with the purchase of the account, Bank of America/FIA Card Services, N.A. transferred copies of its electr nic business records to Cavalry SPV I, LLC, which records were loaded into the computer system of Cavalry Portfolio Services, LLC and which are maintained in an electronic format. 8. Upon information and belief, no Defendant is an infant or incompetent or an active member of the United States Armed Forces who would be entitled to stay relief. 9. Under oath, I am authorized to make this affidavit for Plaintiff and I am informed and believe the above statements are tree and correct. Subscribed and sworn tobe€ore me on 1 Notary Public, State Douglas M. Marinos Assoc, P.C. 14828455 LOUIS DARDIGNAC Notary Public - State of New No. 01DA5057380 Qualifled in Roddand Coui My Commission Expires March 2014 Department of Defense Manpower Data Center Nov-28-2pi 1 1420:42 Military Status Report 14826455178448851 Pursuant to the Service Members Civil Relief Act Last FirstlMiddle? Begirt Date j Active Duty Status i Active Duty End Deft Service Name - -- Ah?_ Based on the information you have f imished, the DMDC does not possess any Information Indicating th individual Wlt LIAMS JOEL A 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 C rps, Air Force, NOAA, Public Health, and Coast Guard). Alt ,11)4. ??- . 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 nrollment 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_ ff 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1944). DMDC has issued hundreds of thousands of "does no possess any information indicating that the individual is currently on active ditty" responses, and has experienced a small error rate. In the event the inidividual referenced above, or any farrtity member, friend, or representative asserts in any marvter that the individual is o active duty,.. or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain ftrtherverifrcation of the perso 's :status by contacting that person's Service vm the "defensefirikrrrir URL . If you have evidence the person is on active dirty and you fail ,to obtain this additional Service verification, punitive provisions of the SCRA may 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 rniddle name), you cans n-A 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 7 trays. For historical information, please contact the Service SCRA points-of-contact. Afore infonnadonon "Active DutyStaWs" Active duty status as reported in this certificate is defined in accordance with 14 USC § 141(d)(1) for a period of more than consecutive days. In the case of a member of the National Guard, includes service under a'call to active service arlhOrized the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USG § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal frauds. All Active Guard Reserve (AGR) must be assigned against an authorized mobilization position in the unit they suupport. This includes Navy TARS, Marine Corps ARs ai id Coast Guard RPAs. Active Duty status also apples to a Uniformed Service member who is an active duty commissioned officer of the U.S_ Puublic Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period f more than 34 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections- Persons seeki to rely out this website certification should check to make sure the orders on which SCRA protections are based have not been ame to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duly or actually reported for induction- The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous na or SSN will cause an erroneous certificate to be provided- Report ID:77CBSDRRON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAVALRY SPV I, LLC, AS ASSIGNEE OF BANK OF AMERICA/FIA CARD SERVICES, N.A., Plaintiff vs. JOEL A. WILLIAMS, Defendant CIVIL ACTION CASE NO.: 12-4346 ANSWER ~ ~~ ca ?::,~., ~~_ n ~~E-...3 - N G~ . , ~~ ~ ~, N ~~ . '. .-..~ C~ AND NOW, this 2 ~ day of October, 2012, comes the Defendant, Pro se, who files this ANS~~ER whereaxpon the following is a statement of reasons: 1. Neither admitted nor denied since this information is within the purview of 1a~~e Plaintiff. To the extent an answer is required, the same is denied and strict proof, if relevant, is demanded at the time of trial. 2. Neither admitted nor denied since this information alleging defendant's obli;e.ation(s) if an}~ are within the purview of the Plaintiff, and Defendant denies any obligation(s) to Plaintiff. To the extent an answer is required, Defendant admits that this is has address, but denies any and all other allegations. Strict proof, if relevant, is demanded at the time of trial. COUNTI BREACH OF CONTRACT 3. Denied. To the contrary Defendant never entered into any "oral" request to Plaintiff or Plaintiffs predecessors. By way of further denial, Exhibit "A'" does not have anv signature of Defendant nor is it addressed, nor personalized to Defendant in an} manner whatsoever. Strict proof, if relevant, is demanded at the time of trial. 4. Neither admitted nor denied since this information is within the purview of the Plaintiff. To the extent an answer is required, the same is denied and strict proof, if relevant, is demanded at t:he time of trial. By way of further denial, Exhibit "B" is neither notarized nor in any other way verified to prove that the person signing is the person so authorized to sign, nor are any minutes of the corporation attached that authorize anv change of name or any person to authorize that the name has been changed. 5. Neither admitted nor denied since this information is within the purview of t}~~e Plaintiff. To the extent an answer is required, the same is denied and strict proof, if rei~evant, is demanded at the time of trial. By way of further denial, Exhibit "C" is neither notarized nor in any other way verified to prove that the person signing is the person so authorized to sign, nor area any minutes of the corporation attached that authorize any sale of debt or an}~ person to authorize a sale of debt. 6. Denied. To the contrary Defendant has incurred no such charges for purchas~;a or cash advances. By way of further denial, there are no exhibits with .ANY (emphasis supplied) signature(s) of and/or by defendant. ay way of further denial, ]Plaintiff has u~s~ed math calculations know only to it and are in violation of the Laws of the Commonwealth of Pennsylvania, the State of New York, and the State of Delaware, and/or anv other state or commonwealth in which the Plaintiff does business. By way of further deni,~~l, and without admitting any contract exists either written or oral between Plaintiff and Defendant, Defendant does point out that governing law in Exhibit "A'" is set as Delaware. To the extent possible Defendant objects to jurisdiction of this action in Pennsylvania. and hereby demands and further answers that any consideration(s). interpretation(s) or decision(s) of any alleged contract herein must be made pursuant to Delaware law. Defendant denies the amounts due as set forth yin Exhibit "D'" and repeats the denials already set forth in this paragraph as if set forth herein again. Sty~~ict proof; if relevant, is demanded at the time of trial. 7. Denied. To the contrary Defendant has no obligations to Plaintiff nor is there am' ``su.bsisting" debt, nor were [they] in writing nor dlo they arise from any "preexisting account." By way of further denial, there are no exhibits with ANY (emphasis supplied) signature(s) of and/or by defendant. Strict proof, if relevant, is demanded at the time of trial. 8. Denied. To the contrary there is no contract either oral, written nor implied nor is there any agreement either oral, written nor implied, nor may Calvary declare "all amounts due under the Agreement immediately due and payable without noti~.ce or demancl." lay way of further denial, there are no exhibits with ANY (emphasis supplied) signature(s) of and. or by defendant. Strict proof, if relevant, is demanded at the time of trial.. 9. Denied. To the contrary there is no contract either oral, written nor implied nor is there arty agreement either oral, written nor implied, nor is Defendant required to pay the amount of ONE THOUSAND SIX HUNDRED ,SIXTY-EIGHT AND 29/100 DOLLARS (1,668.29). By way of further denial, said fee amounts are illegal and are oi~~.trageous, in excess of allowable amounts pursuant to whatever state is determined to have jurisdiction in this case ally specifically in violation of the laws of the Commonwealth oi~ Pennsylvania, the State of New York and or the State of Delaware. By way c~~f further denial, said fees are in violation of the Standards of Professional Practice that have been promulgated by Supreme Court of the Commonwealth of Pennsylvania and as are implemented by Disciplinary Board of the Commonwealth of Pennsylvania, and to the extent applicable, a complaint is hereby lodged with said agency. Defendant he~~eby demands that the attorneys for Plaintiff herein self advise said agency of this alleged violation and at the proper time will make his own application .and ask if the attorneys herein have so advised the appropriate district of the Disciplinary Board. Strict proof, if relevant, is demanded at the time of trial. 10. Denied. To the contrary Defendant is not indebted in any manner whatsoever to the Plaintiff in the amount of NINE THOUSAND ONE HUNDRED FIFTY-TW(7 ,AND X8/100 DOLL~,RS ($9,152.48). By way of further denial, Exhibit "E" only attempts to pro~re that a file under the name of "Joel A. Williams" exists within Plaintiff's accounting system and in no way proves the creation of any legal obligation on the part of the- Defendant, the previously claimed but unsubstantiated name change, or the previously claimed but unsubstantiated sale of an alleged debt. By way of further denial, there are no exhibits with ANY (emphasis supplied) signature(s) of and/or by defend~:rnt. Strict proof, if relevant, is demanded at the time of trial. WHEREFORE, Defendant demands judgment iri his favor. COUNT II BREACH OF CONTRACT IMPLIED IN LAW 11. This is a paragraph of incorporation to which no response is required. To the extent a response is required, it is denied, and strict proof is demanded at the time of trim. Further, Defendant incorporates any and all denials set forth in his denials to Count I as if set forth herein. 12. Denied. To the contrary Defendant has incurred no such charges for purchasf:~s or cash advances. By way of further denial, there are no exhibits with ANY (emphasis supplied) signature(s) of and/or by defendant. By way of further response, Exhibit "D'' is a self- serving document created by the Plaintiff or its alleged assignor predecessor and in no way proves payment, agreement or confirmation on the part of t:he Defendant of any alleged debt. Strict proof to the contrary is demanded at trial. 1 ~_ Denied. Defendant believes and therefore avers that no such statements were generated, sent, received andlor read, and without admitting same, that such statements ~~~ould not ci~~eate an implied contract between himself and the Plaintiff. Strict proof is demanded at the time of trial. 14. Denied. Defendant believes and therefore avers that no such statements were generated, sent, received and/or read, and without admitting same, that such statements would not create an implied contract between himself and the Plaintiff. Strict proof is demanded at the time of trial. ] ~. Denied. To the contrary, Plaintiff has provided no evidence of anything signed by, or done by, the Defendant that would establish a course of conduct by the Defer~idant, much less an acceptance by the defendant of any alleged obligation. Strict proof to the contrary is demanded at the time of trial. 16. Denied. To the contrary Defendant has incurred no such charges for purchases or cash advances, and by way of further denial, there are no exhibits with ANY (emphasis supplied) signature(s) of and/or by defendant. Strict proof, if relevant, is demanded at the timf: of trial. 17. Denied. To the contrary there is no contract either oral, written nor implied nc,r is there any agreement either oral, written nor implied, nor may Calvary declare "all amounts due under the Agreement immediately due and payable without notice or demand." By way of further denial, there are no exhibits with ANY (emphasis supplied) signaturf:~(s) of and/or by defendant. Strict proof, if relevant, is demanded at the time of trial. 18. Denied. To the contrary there is no contract either oral, written nor implied nor is there any agreement either oral, written nor implied, nor is Defenda~.nt required to pay the amount of ONE THOUSAND SIX HUNDRED SIXTY-EIGHT AND 29/100 DOLLARS (1,66$.29). By way of further denial, said fee amounts are illegal and are outrageous, in excess of allowable amounts pursuant to whatever state is determined to have jurisdiction in this case any specifically in violation of the laws of the Commonwealth of Pennsylvania, the State of New York and or the State of Delaware. By way of further denial, said fees are in violation of the Standards of Professional Practice tha~.t have been promulgated by Supreme Court of the Commonwealth of Pennsylvania and as are implemented by Disciplinary Board of the Commonwealth of ]Pennsylvania, and to the extent applicable, a complaint is hereby lodged with said agency. Defendant hereby demands that the attorneys for Plaintiff herein self advise said agency of this alleged violation and a~t the proper time will make his own application and ask if the attorneys herein have so advised the appropriate district of the Disciplinary Board. Stri~:;t proof, if relevant, is demanded at the time of trial. 19 Denied. To the contrary Defendant is not indebted in any manner whatsoever to the Plaintiff in the amount of NINE THOUSAND ONE HUNDRED FIFTY-TW'O AND 48/t00 DOLLARS ($9,152.48). By way of further denial, there are no exhibits with ANY (emphasis supplied) signature(s) of andJor b.y defendant. Strict proof, if relevant, is demanded at the time of trial. WHEREFORE, Defendant demands judgment in his favor. COUNT III UNJUST ENRICIIMENT 20. This is a paragraph of incorporation to which no response is required. To the extent a response is required, it is denied, and strict proof is demanded at the time of trial. Further, Defendant incorporates any and all denials set forth in his denials to Count I as if set forth herein. 21. Denied. To the contrary, Defendant has not used, accepted or retained goods or services or made any purchase using cash on demand con stituting alleged unjust enrichment. By way of further response, Plaintiff has furnished no exhibits with a signature of the Defendant, or otherwise, that establish that any purchase or cash advance wa:> made by the Defendant or to his benefit. Strict proof is deranded at triad. 22. Dejved. To the contrary Defendant is not indebted in any manner whatsoever to the Plaintiff in the amount of NINE THOUSAND OIy"E HUNDRED FIFTY-TWO AND 481100 DOLLARS ($9,152.4$). By way of further denial, there are no exhit~its with ANY (emphasis supplied} signature(s) of and/or b.y defendant. Strict proof, irrelevant, is den-~anded at th+° time of trial. WHEREFORE, Defendant demands judgment in his favor. r~ a~„ ~./ ~~~~- oel A. Williams, PRO SE 10 :Maurice Road Mt. Ho11y Springs, PA 17065 VERIFICATION I, the undersil;ned, do hereby verify that the statements made in the foregoing Answer are true and correct to the best of my information, knowledge and belief and are made subject to the Pennsylvania laws regarding unsworn falsifications. Dated !0~ 2.2 ` / 2 ~ G~ _._, a.~ Joel A. Williams IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAVALRY SPV I, LLC, AS ASSIGNEE CIVIL ACTION OF BANK OF AMERICA/FIA CARD CASE NIJ.: 12-4346 SERVICES, N.A., . Plaintiff vs. JOEL. A. WILLIAMS, Defendant . CERTIFICATE OF SERVICE I, Joel A. Williams, do hereby certify that ~on October 22, 2012, I ser~,~ed a true and correct: copy of Defendant's Answer on the persons set forth belov~% by United States Mail, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure and local rules, at the address noted below: Jorge M. Pereira, Esquire 101 N. Cedar Crest Boulevard Allentown, P.A 18104 ~~~ ~~ ~' Joel A. Williams, PRO SE 10 Maurice Road Mt Holly Springs, PA 1706