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HomeMy WebLinkAbout12-4786COURT 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.: 'mr- 7 vs. CONNIE LOU CUNNINGHAM, D? 4? : Defendant .? a. NOTICE -j YOU HAVE BEEN SUED TAI COURT. IF YOU WISH TO DEFEND AGAINST TIE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITH;N TWENTY (20) DAYS AFTER THIS COMPLAINT IS 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 WITHOOT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MON?,Y 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 THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED 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. MAR?NQS & ASSOCIAT S, P4C.. By:f, Joyge . Per ira, Esquire Atty. #71242, Atty for Plaintif]' IN . Ced r Crest Boulevard Al1J"6r yrf, PA 18104 (610) 'T34-2814 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.: vs. CONNIE LOU CUNNINGHAM, Defendant COMPLAINT 1. Plaintiff, Cavalry SPV I, LLC, As Assignee of Bank of AmerlcaiFIA Card Services, N.A. ("Cavalry") is a limited liability company with an address of 500 Summit Lake Drive, Suite 400, Valhalla, New York, 10595. 2. Defendant, Connie Lou Cunningham, is an adult individual with an address of 215 Center Street, Enola, Cumberland County, Pennsylvania 17025. COUNTI BREACH OF CONTRACT 3. On or about December 14, 1999, upon Defendant's oral request, MBNA issued the Defendant a credit card, account no. 4264-2962-8200-7332, subject to the terms and conditio>is of the Cardmember Agreement ("Cardmember Agreement"). A true and correct copy of the Cardmember 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 changod its name to FIA Card Services, National Association. A true and correct copy of the Secretary's Certificate is attached hereto, made a part hereof and marked as Exhibit "B". 5. On or about May 17, 2011, Cavalry SPV I, LLC purchased the account from the original creditor, Bank of America/FIA Card Services, N.A.. A true and correct copy of the Bill of 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 of TWELVE THOUSAND SIX HUNDRED TWENTY-NINE AND 21 /100 DOLLARS (512,629.21) (comprised of the principal amount of FIVE THOUSAND FOUR HUNDRED ELEVEN AND 64/100 DOLLARS ($5,411.64) and interest in the amount of SEVEN THOUSAND TWO HUNDRED SEVENTEEN AND 57/100 DOLLARS ($7,217.57)) as ofJuly30, 2012. True and correct copies of account statements are attached hereto, made a part hereof and marked as Exhibit "D". 7. Defendant's obligations are based on a subsisting debt, were in writing and arii;e 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 fees Cavalry incurred in exercising its right to collect, which Cavalry anticipates to be in the amount of TWO THOUSAND THREE HUNDRED FIFTY-FOUR AND 67/100 DOLLARS ($2,354.67). 10. As of July 30, 2012, Defendant is indebted to Cavalry under the Agreement in the amount of TWELVE THOUSAND SIX HUNDRED TWENTY-NINE AND 21/1010 DOLLARS ($12,629.21), plus interest accruing from and after July 30, 2012 at the per annum rate of 24.99%. A true and correct copy of the Affidavit of Claim is attached hereto, made apart hereof and marked as Exhibit "E". WHEREFORE, Cavalry demands judgment against the Defendant in the amount of FOURTEEN THOUSAND NINE HUNDRED EIGHTY-THREE AND 88/100 DOLLARS ($14,983.88))(comprised of real debt in the amount of TWELVE THOUSAND SIX HUNDRED TWENTY-NINE AND 21/100 DOLLARS ($12,629.21) and anticipated attorney's fees in the amount of TWO THOUSAND THREE HUNDRED FIFTY-FOUR AND 67/100 DOLLARS ($2,354.67)) plus interest from and after July 30, 2012, at the per annum rate of 24.990/o 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", Defendant agreed and confirmed the account balances stated in the statements, and made payments toward said balances. 13. On each and every statement provided to Defendant, the Previous Balance, Payments and Credits, Purchases and Adjustments and Periodic Rate Finance Charges were clearly 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 fai ling to make monthly payments from and after August 29, 2008. 17. Pursuant to the Agreement, Cavalry may declare all amounts due under the Agreement immediately due and payable without notice or demand. 18. Pursuant to the Agreement, Defendant is required to pay all the attorney's fees Cavalry incurred in exercising its right to collect, which Cavalry anticipates to be in the amount of TWO THOUSAND THREE HUNDRED FIFTY-FOUR AND 67/100 DOLLARS ($2,354.67). 19. As of July 30, 2012, Defendant is indebted to Cavalry under the Agreement in the amount of TWELVE THOUSAND SIX HUNDRED TWENTY-NINE AND 21/100 DOLLARS ($12,629.21) plus interest from and after July 30, 2012 at the rate of 24.99%. WHEREFORE, Cavalry demands judgment against the Defendant in the amount of FOURTEEN THOUSAND NINE HUNDRED EIGHTY-THREE AND 88/100 DOLLARS ($14,983.88))(comprised of real debt in the amount of TWELVE THOUSAND SIX HUNDRED TWENTY-NINE AND 21/100 DOLLARS ($12,629.21) and anticipated attorney's fees in the amount of TWO THOUSAND THREE HUNDRED FIFTY-FOUR AND 67/100 DOLLARS ($2,354.67)) plus interest from and after July 30, 2012, at the per annum rate of 2499% 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 retention of the goods and services purchased by using cash on demand account without making payments dire to Cavalry. 22. As of July 30, 2012, Defendant is indebted to Cavalry under the Agreement in the amount of FIVE THOUSAND FOUR HUNDRED ELEVEN AND 64/100 DOLLARS ($5,411.64). WHEREFORE, Cavalry demands judgment against the Defendant in the amount of FIVE THOUSAND FOUR HUNDRED ELEVEN AND 64/100 DOLLARS ($5,411.64) and costs of suit. DOUGLAS M. MARINOS & ASSOCI?ff S, M.lPereira, Esquire MY. #75242 rne, for Plaintiff Cedar Crest Boulevard PA 18104 (610) 434-2814 ATTORNEY VERIFICATION [, JORGE M. PEREIRA, ESQUIRE, do hereby verify that I am the Attorney for Plaintiff, Cavalry SPV I, LLC, As Assignee of Bank of America/FIA Card Services, N.A., that. I am fully authorized to make this verification on its behalf and that the Plaintiff is unavailable to make this Verification and that the facts set forth in the attached pleading are true and correct to the best of my knowledge, information andbelief and that the source ofmy information is interviews with myclient and the Plaintiffs filed documents. `Verifier understands that false statements herein made are subject to the penalties of 18 pa. C.S. Section 4904, relating to unsworn falsification to authorities. r Dated: is EXHIBIT A Credit Card Agreement General :in this Credit 'Lar{1 words .4 tt diICJ yot3r' refer to each and ai of the persons who accep` a ;:,edit card issued by us or under an account we hold. i'hi!?, Cre,Jit Card ,k1reement (the -Atreelnent 1 consists of this- do-,,uruent and the terms and conditions set forth in the Required ederal t) sdosures section: of the accon-ipanying card carrier, which is incorporated herein and made a tart hereof. The worcis 'we." US." -our- and -MBNA America' rnean M(3NA Brrrik, N A K hen you accept of use the account, 4'JU a rf_'_' he tE'fn1 in t'-iis Agreement_ You shot. lri sign your card befi ,re y )u use it, i'ou consent to and authorize the monitoring and/(! recording of your calls with representatives <: f MN.;,, r' merica and its affiliates All capitalized terms not defined herein shall ??ave the meaning as defined in the Required Federal Disc+osr.res section of your card carrier. Information Gathering and Sharin From time to time, ,ke may obtain updated inlerrnation about you including, fo,r example. credit inform at -r; We may share information about you with credit reporting agencies and others, including merchants, and dmting companies affiliated with us, You may request that information about you not be shared among our affiliates. other than information pertaining solely to tra y<.actions or experiences between you and us for an MBNA America affiliate), by writing us at MBNA America. P. G. ox 15342, Wilmington, DE 19850-5342. Please include your name, address, home phone number and all MBNA America account numbers If YOU believe that inaccurate or incomf)lete snlormation u:_)(.)Ut YOU C;r b'C Ur ac,(,ulit JhH,, been O)arelli \ }[1"i credit reporting agency, write to us at MBNA ,! ,rnerica P. O. Box 15020, Wilmington, ICE 19850-5026 please includd your name, address, hone phone number, and ac:c,:)unt number, and explain which information you believe is inaccurate or incomplete. How To Use Your Account You may use your credit card to purchase or lease goods or 'c:r rron {?4 r`:{)?3? v+,,h(! f,.. nor the card "tilt: t?{ dill, Otte( with u`> 1. your account for business or commercial purpose=.. Certain f.sta6 rn P ? i? , 3 ,,jj ??r ,_v (1 c11 e<k ? ? ?fi C)teSenimc (t Cif } II, the evE lit we are the amount of c, c?c-k cashed ih:s wa1 becauseheck i'; flirt paid for any rt,-' .'n wk'' j ??.,=;argVC; tr accCwn tCi t_h$li Advance in the f check t-,nd any, cr,,ce r)4.' c.f,,tir"fie we actually incur. It' you permit any person to have access to your card o1, 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 inay not have intended to be habie_ The transaction date for rC-heck Cash Advances ar,, Balance Transfers is the date you or the person to wl- the iom c-h-ck is made payable first deposits or cashes the check The transaction date for a returned payment (a Bank Crash Advance) is the date that the corresponding payment posted to your account, You may request a stop payment on Check Cash Advances by providing us with the check number, dollar amount, and payee exactly as they appear on the Check Cash Advance. Oral and written stop payment requests on Check Cash Advances are effective for six months from the day that we place the stop payment on your account. You may riot use a postdated Check Cash Advance to obtain credit under your account. If you do postdate a Check Cash Advance, we may elect to honer it upon presentment or return it unpaid to the party which presented it to us for payment, without in either case awaiting the date shown on the Check Cash Advance. We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take Repayment You promise to pay us the amounts of all credit you obtain; this includes all purchases cash advances. fees, charges, and inst,.rance premiums we assess against your account and Finance Charges. 1ou may pay the entire aDMcunt outstancfing at any `iine You must pay each month at least the minimum payment shown on your monthly staternent. If you overpay or if a c=redit 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. We may allocate your payments to balances (including new transactions) with lower APRs before balances with higher APRs. This may result in new balances with a lower rate of interest being paid before any other existing balances. All payments will be credited to your accoint for the billing cycle in which each payment is received, t r. , t ur v?.tt<;! Iz` i rF (J! =°ic t,;W tr;creast?d h, - .; payments made in any bilking cycle which are greater thanthe minimum payment due will not affect your obligation to make 2 i-qty-rner?t : not cien?-' 12 il. Ean},. No fay„te 4inli Sfct:.t.lOr- withC?iJ? :CC PI D, Vitt, r i officer of MBNA ?,n,eri_a Charges Made In Foreign Currencies If you incur a charge rn a foreign t_urrenev the vharge will be converted by visa International or MasterCard International. d,apending on which card y a use, into a U.5_ dollar arnount in accordance with the operating regulations or cxmversi(.in, p?,ocedures in effect at the time that the transaction is p.ocessed. Currently, those regulations and procedures provide' than the currency conversion rate to be used is either a wholesale market rate or I21 a government-mandated rate in effect one day prior to the processing; date, increased by one percent in each case. Visa or MasterCard retains thi<, 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 Payment Holidays We may allow you, from time to time. to oinit a rnonthiy payment. We will notify you when this option is available. If you omit a payment, f=inance Charges and credit insurance premiums, if any, will accrue on your balance in accordance with this Agreement. The requirement that you make a minimum payment each month will resume following your payment holiday, Billing Cycle A billing cycle begins on the day after the closing date shown on your accounts preceding monthly statement and ends on the dosing date that appears on your accounts statement for the current month. Account Fees and Chames Account Fees: The fallowing fees, which are set forth on your card carrier, are assessed as Purchases in the Hling cycle in which such charges accrue. f 1) a Late Fee: i2) if your account. is overlimit on the last day of a billing cycle, an Overlimit Fee is charged to your account as. of the day in the billing cycle that your account went over the credit limit: (3) a Returned Payment' Fee if a payment on your account is returned for insufficient funds or for any other reason, even if it is paid upon su rsectuent presentment: i41 a Retr;rr)ed Check Fee if we return you have active charging privileges or not, an Annuai i=<ae 3 Abandoned properte Charges: ;;; J r . _ aril, -si5 Irlt',.51"red r;; ab Ira?;,nea prc;'pert`, ,Ndditional Account Fees and Charges: Recuired Federal Di:>Cir? ure` section , i VC y1r Cc' tr'f r_ add tir:r al fees and rlla !n at . at may apply t Benefits You will he, offF r<';; certain )enefits which will '''r jC?(€,'ct to the estrietions ortllned Ir the benefit bro.~hur-, pr,vgcieci tti you by MBNA Arn r€cr _ itiSBNA 4%mertca reserves the ri?ght 'o adjust, add or d le;c ;?er fits and services <ar alt',.' r E' ,'i( (? without notice. Reasons or Requiring Immediate Payment You will be in default and % e can rec wire irnrnediar payment of all amounts y,+ u owe ;f ( i f you r ail t,?, m iFf drv required payment by the Payn-ient Due Date: ("2) vcrat. ,vrw Balance Total exceeds vour credit lirrnit, ,.)r if we nave established a separate Cash advance credit limit f(>rvo,_, your outstanding Cash Advance balance exceeds yct;- i- aS l Advance credit limit, (-)+ (O' you fail tc ai-ide by anv ,.lie- t-rrns of this Agreement. If ou default, unless -rt'JAjited t';y applicable !aw ',ve car also iequire you to pay the collection and court c:c'ists v:'e incur in anv collection proceeding, and a reas"?nable attrarne", S fee if we refer your account for {:x>llection to an attorney who 's not our salaried employee. Our failure to exercise ciny 0" OUT rights when 1 del ;UIt does not mean that we are unable to exercise the- rights upon later default "e isal to Honor Your Card E are not liable 1,-' an% ' refl. sa! tf.= h(lnOr Your ?G ri_ Ci( arE,y sh ' C'vdniw or ft c ' f u. .Ca Dank, 3r any seller or e Isc if gov(JS Termination We may suspend or termin-te your right to obtain cre it at any time seer any reason,, Your obligations under this Agreement continlie even after your right to obtain credit has i.aeen suspended or terminated. Amendments law's c)t ine 3tclte of L) 17 1'Nar% if cTi cirile ['iCimeRt f lVtE I trig 4 i i_-, - 'nit} w rein! `h . c CIH KVhr r c i . _ 4t) .axi wo t iit _tej e., as a conu.tr_jr U t r F?ct"c r. ? ,'nement imclut ing at nype" raid _c 'r fe_s; x iH apply tr n5 m m lnm: r ?Ilc ba awn exlsiing befcsre the amencin-rent i ecamn w t we Cra reyace your cadd ad with anc:ti+?_,r cad iit ''rrC Assignment It may at any, time and ,athout n tic;e to yD : gn your accCUlo any sum cue cn You acs: wnt. th<s Agreement ,( vA_, rights (,r CibhI atlons under your <accou m •y Mrs Agwv- " (.) any DE rson or enntt` The rersc)n ? )r entity to, whorl `.. A any such assl€nment :`hAl be entitied t;} all t)f <?ur righ' and/or obllf r u ns undet 00s Agreement, to the, eaten. ;assly1nec. Credit Limit Yi ur ;.relit limit is shown on your :ard carrier and k eneral y On Each monthly statement eve tllr3y ihang e your C("e 1l 11rTlit or inns frnm time to tirse, and we will nwify you if we do, TO totem, amount of credit Outstandin{ at any time must not be more than your credit limit. We may also establish a 5epwate credit limit for Cash Advance. i, we do, your cautstar ?dirl C Advance balance may no' exceed this `.ash Advance' linty, Request for Credit Over Your Credit Limits I you request credit in any tons which, q gramem wculd resin, in either your t Mal outsttandinv lance t Kom (Vlsh Ad',ance balance. mcluding authorized transactions not vez posted t: your account, feint; more than your credit lirnit o.r yo,at Cash Advance credrt'imit, if we have establisher: or)e f'or you. (whether or not such balances before the request were more than the respective credit limit), we may H ) ho;-or the regr_est without permanently rasing vr,i..jr credi' limit: Q} honor the equest and treat the amount Much is more than ?oU- crer'it 4rrit a im mediate(,, du° car r ( refuse tc honor 71 c is en lie nmy ton, Me person 1 mad Te toque _ that it has been refused if we refuse to n( nor a che'cK Ca; h Advowe for Balance Trari?;fer, we clay ("0 SC), by ad'V'1S!nil tree person presentlne the C ine oik Cash Acl?z ncc %r t. Aar 11 ranSf(-, that credit has been refused, tat the art-' insufficaiq funds to pay the heck Cash Advance or Balance Transfer, or in any other manner P we have previously honored request: & credit caner your credit limit, it does not mean that we will honor further en,iIn r wC`r'nt5 if `.'.'f- decide to he r c"i Eu h d -"etjS w-t E: 5 Ll i,i authorized Use of Your Card tie1<'t:e1 r ut. DEL': J, r,d i( 't ( n- u 1! c C sit ri q, ( 4 < lier JU t' t'<,u rIr???t_? us; at.va-' RO, Sox 15021, Wilmington, DE 19850-5021, (Telephone 1-800-789-6701), or in wilting, of the loss, r.heft of Possible unauthcrrzec use In any case, your ;iabilit,, i:)r u4se c31 your cnrC' 'vv}; ilc)t exceed S50 Governing Law This Agreement is made in Delaware. It is governed by the laws of the State cif Delaware, without regard icy its {_-onilict of laws principles, and by any applicable federal laws You agree that any litigation brought by you against us regard.ng this account or this Agreement shall be brought in a cc,l?r* 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 any of our rights under this Agreement dues riot mean that we are unable to exercise those rights later. All persons who initially or subsequently request, accept or use the account are individually and together respc:nslble for any outstanding balance. if two or more persons are res,Donsible to pay any outstanding balance, we may refuse to release any of them from liabiiity until all of the unexpired cards outstanding under the account have been returned to us anc' the balance is paid in full You must return all credit cards to us on request, Platinum Plus Coverage Credit Insurance Bene 'ts, Limitations, Costs & Exclusions Platinum Plus Coverage pays your minimum monthly payment,' up to your balance on the date of loss (not to exc(. ed Sf 5,000), until you return to w(-rk•' if you are in?f_ is„Itarily unempicyed '-- led. «r if '.r. ? , spouse takes covered farnily !(1-'al'inum Plus Coverage also pay= Your insured outstanding balance up to the least of your outstanding balance. °.c ttr credit limit +-)r $15.000 if y0,1 die E.li ibili : One insured per account tinsured must t>e the primary cardholder or a co-applicant, authorized users are not eligible), under age 66 (70 in A". NV & VA: 71 in 1=L., GA )VIl. MO & OK), Your coverage ends at these same ages (except family leave in FL & SD & unemployment unless in TX). When enrolled, certificates. will be mailed explaining your coverage & effPr'w( Cf2te In M ,' CC_e ?• ?' }1? `JE FI d'av° 'ff rll l',: ur f. u iE1?4"n. (fi+_t stli t itiC .f?C, t; {€?+riQCllt l.U[ tlca:?t.?sj for 90 consecutive days before the date of loss (CO before 6 e d': r r , ?.,a r era na , Coveragit5& Benefrts: NIC,dii!?tn =ills. c ? sth; IrivC:•(i;ntary un?r iT l; bn ; r ;c>ur ?"' E iCIL' ?1 UnIoni7ed labor diSiRlte C,' Ic, kout t(J'.i lily due t..} si6'.ness or ;nlurv if V "-)!J care Liable to t}er(.,,?rr material ut3,t nttal duties of i? your i()b {o any job after < rst 18 rn s. in ("A, HI N), TN & W1, .2 runs. in PA); you .?, your s?c)use's unpaid leave of absence from emPio?v rent due to earl- of your newborn or newly adc.ptec3 cl"ild or ar, i;,,??; )aCItated iMmediate family member (must be spouse, c hi;(_Jstepchild, or A rent to AK), mandatory recall to ao_tive militrar? Uuty ur.1 dutir (except in AK), or residence in a federally declares, disaster area i oss (riot death) roust continue at least 30 Mays before ,benefits begin In NY, for strikes, uni ?nized labor disputes & lockouts, you must be uneMPioyed for 7 consecu(ive weeks & ttualify for state unemployment benefits before benefits begin. A daily benefit is paid for each day of loss over 30 dav< for unemployment in NY f; PA, and disability in CA. CT. Nk'.MI. PA & SC. You may cancel this coverage at any time If canceled within the first 30 clays of coverag refunded e, all prerriiurrs v?il b,e . Exclusions: Life: suicide in the first 6 months u= erage (not MD & MO). Involuntary Unemployment: retiremenr resignation, voluntary forfeiture of income or job os-. clue tc; willful or criminal misconduct, disability. strikes in II_ r=!iiitarv discharge in NY, normal seasonal unemployment irr Tx Disability: normal pregnancy or childbirth (not c: , MA f, NV), intentionally self-inflicted injuries (not MD) or a -'pre-existing medical condition during the first 6 months of coverage (not NJ) Family leave benefits are not F7aid if you are eligible f<?r or are receiving unemployment benefits or if disabe^. 't'his is only a brief description of coverage, and coverages vary by state. Please refer to your certificates for a !uI! explanation of coverage t:.995 Der $100 per Month Qf Averu a Dailg Balance: Costs app'y to Life (1...}, t?isability (p ? Unemployment (U • f. r ? ?r::ily L? e (F), AK 78c A?: 99c, AR c,7C,,, ti5.4c: :C> c; CT 42.8)cI DE 96.97c: DC 953c: FL 89c: GA 88c; HI 89 9IC, 1D 9 5 2c (L 8 6c. 17 12.6c, U 54c, F 20c 1; IL 80C; IN 96c; IA 95 6c (1- 7.2r. D 14.4c, 7 541. F 20c): KS 85.471: KY 97.4c; LA 89 7c: M1l? 7054c: MA 18.4c; MI 85.7c: MN 30.65c: MS 85.2c; MO 61. IC: MT 93.9c; NE 4)5.8(; NV 95 3c; NN 95c; NI 97c: NM 58.9c; N5' 48.7c (L 5c D 26 8c, U 16.9c); NC 74.3c; ND 94 1C: OH 99c; OK 92 4c; OR 84.7c: PA 38.1x.; R1 95 43c; SC 80c; SD 96.89c; TN 92.5c; TX 33 7c (L 5.7c, D 12c. U 16c): UT 93.22c: VT 28.9c (L 6.49c. D 6A1c, F 16 ?c) VA 84c (1. 6. lc, D 8.9c 1_J 49; F' 20c); WA. 84c 7 Underwriting Con}p?nies'Poiic. IN C1 cit lL IIC. t, i.)1S;Jb i I i11 r e • z ``idllCla(!; t,llaranty Life Tk, 53RAi 3Ve American Securtty'F1_I' 141.'` r F-Ij t. i ! 2i97i in i - NC. (3/98! In IBC F --(_)K (14/07i In ?"P)8i V, FL-1P i4/97i in IL FT IN, FL-!t' K,,_ ; I { : KS. FL if'-Y f 4t47 1 to yh`ll Standard Gijarant?.,'f (4/07; in Nil (niIw)n Secur+ti, Life/f LP VT ( 4 /9 J :Icl.Ing zige!jt ,,,r Misslsslpp; ano Florida arl Charles M Go dni, and Pamela L.r?iS respei:ti' ej, Solely tar frpi?SEs ?,f deterrr?int-ig ell?'&j',,t ;rat; ;;reCTllll 11 payment obligations f(.r CrF'fjli Iris ,'ante, you wlil I?e t._Ieerned i ? default or delinquent if you 'j,ii t,:; make rj payment ,vithin 9:1 cays of your pay%nlent due date This product is nw' an insured deposit account, is not FDIC'. it stored, is not guaranteed 1by MBN,:; America Bank N , and its not a condition of obtainin , credit 'le?ss past due and over c:redit limit amounts. In MI, (;)verage pays 5nv oil t`ie balance on your date of di.sabdity up t- 5750. in NY, co v rage pals *ht,° minlrnum payment (`isle on your date of loss *The number (J month') t)eneht payments w,ll n(>t exceEci, 9 for family leave 12 (<x UfIeMpic?yrnent in AK, CT 1,__ ,W MN. MO, NM, NC, NY, PA, SC & TX; i; for disabiltt' e?_ _pt in CA. HI, IN, KS. MI, N(, NY, PA TN. TX & ` 1, NY, NJ, TX Residents Only. purchase cover a?), s ,. parateiy, write to, American ?t:curity Group (-(D Box 507355" Atlanta, -;A 303132. Applications will he scent to you_ MI3NA America Bank, NA is the exclusive issuer and administrator of this and other ()1trtinum Plus c.:redit Caw rk «tPt£ ur; ! (ic14. DISC - 0058 5125199 - MBNAULOI (MBNA - L!D/Uncapped LOI/Ff.. 8 EXHIBIT B A .SS1S TA1vT SECRETARY-S CEP -IFICATE OF HA CARD SERVICES, NATIONAL ASSOCAITION the undersigned, Connie B. Smith, an Assistant Secretary of FIA Card Services, National Association (the "Association"), a national banking association organized and existing under the laws of the United States of America and having its principal place of business in %VilmmglaTI, Delaware, does hereby certify that- I . Effective January 30, 1991, MBNA America, National Association changed its name to NMBNA America Bank, National Association, Wilmin<<;ton, Delaware, Charter Number ?_2381 2. Effective March 1, 2005. Flee? Bank (RI), National Association, Providence, Rhode Island, merged into and under Bank of r?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 Services, NaboDal Association, Wilmington, Delaware, Charter N mber 22.381. 4. Effective October 20, 2006, Bank of Ain-enca; N-atiow l Association (USA-), Phoenix: Arizona, Charter Number 22106, merged into and under the charter and Wt of FIA Card ;Services, Nafi©aa] Association, Wilmington, Delaware, Cbar-wr N-o?ber 22:381. iN VYnMS;S NV-I' REOF, I have bere-aeon set my band and affixed the seal of said Association this 2M. day of July, 2009. Connie B. Smith Assistant Sectary 92672 _ (SEAL) EXHIBIT C r Bank of America .100010. 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: May 17, 2011 ASSIGNOR: FIA CARD SERVICES, N.A. - 1// A ? /4 ? ;, 41, Name: Debra L Pellicciaro Title: Vice President Bulk 5/5/11 Bank of America„ Asset Sales 1)Per6eld 111.655 Paper Mill Road. Newark, DE 19711 Pax: 302.458.0Q8 1WJrkn P.p'r %ScScheduieA_14686981[1].txt PURCHASE_DATE ACCT-NO CONTRACT-DATE ORIG_LAST_PAY_DATE 511712011. 4264296282007332 12/14/1999 7/29/2008 CREDITOR INITIAL-BALANCE Bank Of America/FIA Card Services, N.A. 5411.64 ATLAS.FN-,FULL-NAME(RR.NAME-U) SS-NO CONNIE LOU CUNNINGHAM 208385086 Page 1 r EXHIBIT D Pre-redfoc CONNIE LOU CUNNINGHAM 4264 2962 8200 7332 March 2007 Statement Credit Line: $3,500.00 Cash or Credit Available: www. asanetaccess.com tL q!aN€,n x ll" ? r MM For Information on YourAccount Visrt .. . ! e«., r V" www aaartetaccess Summary of Transactions Billing Cycle and Paym F. W ent Informati on . com Mail Payments to: Previous Balance $4,802.11 bays in Billing Cycle 28 _ AAA FINANCIAL SERVICES Payments and Credits $200,00 Closing Date 03!02/07 R.O. BOX Cash Advances + $0.00 WILMINGTON, , DE 19886-5726 Purchases and Adjustments + $39,00 Payment Due Date 03/29/07 MailBillb7 I s equines to: Periodic Rate Finance Charges + $112.11 Current Payment Due $166.00 AAA FINANCIAL SERVICES P.O. BOX 15026 Transaction Fee Finance Charges + $0.00 Past Due Amount + $1,105.00 WILMINGTON, DE 19850-5026 New Balance Total $4,753.22 Total Minimum all toN-tree 1.800-807-3068 Payment Due TDO hearing-impaired 1-800-346-3178 rai>ung ransacnon Heterence Account Payments and Credits Date Date Number Number Catec PMT FROM BILL PAYER SERVICE 02/21 -- -jory Amount 7M r1/? /^ 1? OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS 04 0047532200127100000200000004264296282007332 AAA FINANCIAL SERVICES Chock here for a change of malting address or prone numbels). Please provide of carrecier s on the reverse side. P.O. BOX 15726 3n!a w = k_ ?_ WILMINGTON, DE 15886-5726 nr???r?n?er?e?n?n??nr?r?r?rn?n?a?r??n?rr?r? I ACCOUNTNUMBER.' 4264298282007332 NEWBALANCETOTAL: $4,753.22 PAYMENT DUE DATE., 03/29/07 CONNIE LOU CUNN:NGHAM 215 CENTER ST ENOLA PA 17025-2606-155 ' t??fi?i ?•, r Fiit? P??+rrr+rMwuf &irloeed _ Mail this payment coupon along with a check of money order payable to: AAA FINANCIAL SERVICES MEN o_ 1: 5 2 40 2 2 2 501: 0131313 6 213 200 7 3 3 2na Periodic Rate Percentage Rate Finance Ch" e Cash Advances - ---- -- -- -- - A. Balance Transfers, Checks 0.083534% DLY' 30.49% $0,00 B. ATM, Bank 0.083534% DLY' 30.49% C. Purchases 93.00 0.083534% DLY' 30.4996 $4,793.33 Annual Percentage Rate for this Billing Period: -- ---- {Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges.) 30.49% Periodic Rate May Vary ------ --- -- ?'epareato- CONNIE LOU CUNNINGHAM 4264 2962 8200 7332 April 2007 Statement Credit Linea $0.00 Cash or CreditAvailable: 4753 ForMformah'on on Your Account Visit q0t Information _ www. aaanetaccess. co m Summary of Transactio_ns Billing Cycle and Payment Information Mai/Paymentsta o: Previous Balance $4,753.22 _ Days in Billing C cle Y 32 AAA FINANCIAL SERVICES P.O. BOX 15721 Payments and Credits - $4,792.22 Closing Date 04/03/07 WILMINGTON, DE 19886-:1721 Cash Advances + $0.00 Mail Billing Inquiries to. Purchases and Adjustments + $39.00 Payment Due Date 04/27/07 _ 1 AAA FINANCIAL SERVICES Periodic Rate Finance Charges + $0.00 Current Payment Due $0.00 1 P.O. BOX 15026 T ran sac tion Fee Finance Charges + $0.00 Past Due Amount + $0.00 WILMINGTON, DE 19850-5026 _ _ _ _ New Balance Total -- $0.00 Total Minimum Payment Due cm Call toll-free 1-800-807-3068 - _TDD hearing-impaired 1-800-346-3178 Posting Transaction Reference Account Payments and Credits Date Date Number Amou t Number Category CHARGE-OFF ADJUSTMENT 03/31 _ _ 4,792.22 CR Purchases and Adjustments _ LATE FEE FOR PAYMENT DUE 03/29 03/29 _ - C 3 3.00 Corresponding Annual Balance Subject to 1 Category Periodic Rate _ Percentage Rate Finance Charqe -- Cash Advances - -- - A. Balance Transfers, Checks 0.000000% IDLY 0.00% $0.00 B. ATM, Bank 0.000000% DLY 0.00% $0.00 C. Purchases 0.000000% DLY 0.00% $0.00 Annual Percentage Rate for this Billing Period: (includes Periodic Rate Finance Charges and Transaction Fee Finance Charges.) See Corresponding! Annual Percentages Rate Abov 6 ALL PAYMENTS BY PHONE WILL BE MADE ELECTRONICALLY. YOU MAY AUTHORIZE AN ELECTRONIC PAYMENT BY PROVIDING THE PAYMENT AMOUNT AND DATE, YOUR BANK ACCOUNT NUMBER, AND SECURITY INFORMATION. A SERVICE FEE MAY APPLY. TO CANCEL, CALL US BY 3:30PM ET ON THE PAYMENT DATE. PLEASE RETAIN THESE TERMS. 04 0000000000000000000200000004264296282007332 Check here for a change of mailing address or hone nw r( j AAA FINANCIAL SERVICES Please provide all corrections on he reverse side. fe s. P.O. BOX 15721 Payment Information WILMINGTON, DE 19886-5721 ACCOUNT NUMBER: 4264 2962 8200 7332 NEW BALANCE TOTAL: $0.00 PAYMENTDUEDATE.• 04/27/07 CCNNIE LOU CUNNINGHAM 215 ENTER ST ENCLA PA 17025--2606-155 www.aaanetaccess.com IEntQerFi wfky-9 Amo Endorsed Mail this payment coupon along with a check or money order payable to: AAA FINANCIAL SERVICES u m 0 N 1: 5 2 40 2 2 2 50II: 0888 6 213 200 7 3 3 211n EXHIBIT E AFFIDAVIT OF CLAIM STATE OF NEW YORK ) ) SS COUNTY OF WESTCHESTER ) RE: Cavalry SPV 1, LLC vs. CONNIE LOU CUNNINGHAM I, Jared Mccarthy, being duly sworn on oath, depose and say: I . 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 Auditor for my employer Cavalry Portfolio Services LLC, a Delaware limited liability com0any. Cavalry Portfolio Services. LLC performs recovery services for its affiliate, Cavalry SPV I, LLC. In performing recovery 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 Cavalry Portfolio Serviceh, LLC. 3. That the defendant, CONNIE LOU CUNNINGHAM, the account holder(s), opened an account with Bank of America4IA Card Services, N.A. on 12/141/1999, which account became delinquent and was charged off on 3/30/2007 (the "Account'). 4. As of 7/10/2012, the balance due and owing by the account holder(s) on the account was $12,558.80, which balance is cgmprised of $5,411.64 of principal balance and $7,147.16 + $.00 + $.00 of other charges. The principal balance continues to accrue interdst as of the 07/10/2012 at a rate of 24.99%. 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 or about 5/17,12011 6. In the normal course of business, Cavalry Portfolio Services, LLC maintains computerized account records for account holders. Cavalry Portfolio Services. LLC maintains such records in the ordinary and routine course of business and is charged with the duty td accurately record any business act, condition or event onto the computer record maintained for the accounts, with the entries made at orl 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 A1Ffidavit based upon information from that review, and if called as a witness, I could testify to the matters set forth herein based on that revtq;w. 7. In connection with the purchase of the account, Bank of America/FIA Card Services, N.A. transferred copies of its electronic 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 Folrces 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 oue and correct. Subscribed and sworn to before me on 7/11/2012 l h _ Notaryl blic, State of New `Fork Douglas M. arlnos Assoc, P C. 14686981 Amy Chan Notary Public - State of New York No. 02CH6226739 Qualified in Kings County Commission Expires August 16, 2014 Reschs as o, : Jul-10.2012 07 4744 Department of Defense Manpower Data Center SCRA 2.2.2 Status Report Pursuant to Sen icemenibtin Civil Relief Act , 40 Last Name: CUNNINGHAM First Name: CONNIE Active Duty Status As Of: Jul-10-2012 Active Duty Start Date Active Duty Eid Date Status Service Component On Active Duty On Active Duty Status Date - NA N - T NA NA o -- This response reflects tie individuals' active duty status based on the Active Duty Status Date Left Acfive Duty Within 367 Days of Active Duty Status Dave Active Duty! tart Date Active Duty End Date Status Serv ce Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Act ive Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component -- Nb NA NA._ This response reflects whether the irdividual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the statlus of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Y)hk? ?+ - r d 1, 'jj? Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DOD) that maintains the Defense EnroIirnen; and Eligibility -Zeporting 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 Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known a!. the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate, In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the. SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status' date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the ndividual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for activd duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101 id) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmosphe,ic Administration (NOAA Commissioned Corps). 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. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1) Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of servide. 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 riot actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could 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 last name, SSN, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Report !D: K76J90HEBE Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 3~~~ J . .. E~ ~rk;~~~t f;-_.~ ,~~~~`~'" °t'~tur~bF~ ~ r ~ ~~ ~! Cavalry SPV I, LLC vs. Connie Lou Cunningham SHERIFF'S RETURN OF SERVICE Case Number 2012-4786 08/06/2012 08:09 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on Augus 6, 2012 at 2009 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Connie Lou Cunningham, by making known unto herself personally, at 215 Center Street, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to er personally the said true and correct copy of the same. BITNER, D SHERIFF COST: $43.00 August 09, 2012 SO ANSWERS, (~ C~""~~ RON R ANDERSON, SHERIFF is Ccu^;yS~iite Sheriff, Telegsott, I^:c.